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110904 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 9, 2004 — 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: No. 2004-14 Resolution: No. 2004-110 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Eve Craig Invocation: Minister Selicia Brown of Imani Church of God in Christ Flag Salute: Boy Scout Troop 337 ROLL CALL: Comerchero, Roberts, Stone, Washington, Naggar 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 rp for 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. R:\Agenda\110904 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. 2 Resolution approving List of Demands RECOMMENDATION: 2.1 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 3 City Treasurer's Report RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of September 30, 2004. 4 Liability Insurance Renewal 5 RECOMMENDATION: 4.1 Approve the City of Temecula Liability Insurance Policy Renewal with Clarendon America Insurance Company/Arch Specialty Insurance Company, in the amount of $274,063 for general and excess liability insurance for the period of December 1, 2004, through December 1, 2005. Public Works/City Engineer RECOMMENDATION: 5.1 Adopt a resolution entitled: R:Wgenda\110904 0 7 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR TEMECULA'S ANNUAL HOLIDAY PARADE ON DECEMBER 10, 2004, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES RECOMMENDATION: 6.1 Approve Santa Gertrudis Valley — Harveston/Date Street Storm Drain, Stage 2 Project No. 7-0-0189, Tract No. 29639-2 — Cooperative Agreement with Riverside County Flood Control and Water Conservation District, Harveston LLC, and the City of Temecula. 6.2 Approve Subdivision Improvement Agreement and accept the Faithful Performance Bond in the amount of $601,002 (six hundred and one thousand and two dollars) and Labor and Materials Bond in the amount of $601,002 (six hundred and one thousand and two dollars) as security for the agreement. 6.3 Authorize the execution of such agreements in their final form by the Mayor, City Attorney, and City Clerk. Cooperative Agreement with Caltrans for the Relinquishment of State Route 79 RECOMMENDATION: 7.1 Review and approve the attached Cooperative Agreement between the City of Temecula and Caltrans specifying the terms and conditions of transferring the responsibility of the Temecula portion of State Route 79 from Caltrans to the City of Temecula and authorize the Mayor to execute the agreement. 7.2 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COOPERATIVE AGREEMENT (NO. 8-1258) BETWEEN THE CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO ACCEPT RELINQUISHMENT OF THOSE SEGMENTS OF WINCHESTER ROAD (SR 79N) AND STATE ROUTE 79 SOUTH (SR 79S) EXTENDING FROM 1-15 TO THE APPROXIMATE CITY LIMITS R:1Hgenda\110904 Professional Services Agreement with Haz Mat Trans Inc. for the demolition of improvements on City -owned property in Old Town RECOMMENDATION: 8.1 Approve a Professional Services Agreement in the amount of $66,400 for the demolition of improvements on City -owned property. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND TEMECULA PUBLIC FINANCING AGENCY R:Wgenda\110904 xxxx+frffrxxxxxxxxxxxv,.rrwxxx,txxxxfrxxxfxxxxxxxxxxxxxxxxxiv�xrtxxxxxx:xxexxxxxxxxi,frxfxxfrxxxxxxxxxxxxxxfxxxrrxe+rxrxww+ TEMECULA COMMUNITY SERVICES DISTRICT MEETING xxxxxxxxxxxxxxxxx.x,�..xxxxxxxx.xxxxxx�,x,�ti-.,.xxx.,.,.x.,xxxxxxxxxxxxxx.x.x...xxxxxxx..x..xxxxxxxxxxxxx.xx.xxxxxxxxxxx Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-12 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 "Request to Speak" form to the City Clerk. When you are called come forward and state your name and address for the record. CONSENT CALENDAR 2 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 26, 2004. RECOMMENDATION: a completed pink to speak, please 2.1 Approve the construction plans and specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW04-15CSD, Erle Stanley Gardner Exhibit. R:Wgenda\110904 DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, November 23, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\110904 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-10 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL AGENCY MEMBERS: Naggar, Stone, Roberts, 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 October 26, 2004. AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, November 23, 2004, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:Wgenda\110904 rxx++x+x+r+rrrxxrrrxrxxrxrtrrrtrrrt+rtrrtrtrtrtrtrtrtrtrtrtrtrrrtrtxrtrtrtrtrtrtrtrtrtrtrtrtrtrtrrtrrrtrtrtrrxxrrr+rrrrrrrrrrx+xrrrrxxxxxxttxxxx TEMECULA PUBLIC FINANCING AUTHORITY xxxx:+x++rrrrrrrxxrrxxrtrrrtrrtrrtrtrtxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxrttrrrrxrtrrrrrxrxxxxxxxxx+txxxxxx Next in Order: Ordinance: No. TPFA 2004-01 Resolution: No. TPFA 2004-11 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington, Naggar PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you 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 September 28, 2004. TPFA PUBLIC HEARING Any person may submit written comments to the Temecula Public Financing Authority before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of 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. R:\Agenda\110904 2 Rorioaugh Ranch RECOMMENDATION: 2.1 Open and continue the public hearing to the meeting of November 23, 2004. EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:\Agenda\110904 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) 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. Amendment to Temecula Creek Village Planned Development Overlay No. 4 (PA04-0384) RECOMMENDATION: 9.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEXT OF THE "TEMECULA CREEK VILLAGE" PLANNED DEVELOPMENT OVERLAY (PDO) ZONING DOCUMENT TO PERMIT THE SALE OF ALCOHOL IN THE VILLAGE COMMERCIAL PLANNING AREA, AND OTHER MINOR TEXT AMENDMENTS FOR CLARIFICATION 10 An Appeal of the Planning Commission's denial of PA 03-0723 (Development Plan), a proposal to develop two single -story retail buildings totaling 13,350 square feet on 1.3 acres RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA03-0723 (DEVELOPMENT PLAN) AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. PA03-0723 TO CONSTRUCT, ESTABLISH AND OPERATE TWO SINGLE - STORY RETAIL BUILDINGS TOTALING 13,350 SQUARE FEET ON 1.3 ACRES LOCATED ON THE NORTHWEST CORNER OF OVERLAND DRIVE AND MARGARITA ROAD ALSO KNOWN AS ASSESSOR'S PARCEL NOS. 921-810-021, 029 & 921-830- 030 R:Wgenda\110904 10 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, November 23, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Hgenda\110904 11 ITEM 1 ITEM 2 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 $8,605,031.27. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 9`" day of November, 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 9ch day of November, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2004/Resos 04- CITY OF TEMECULA LIST OF DEMANDS 10/19/04 TOTAL CHECK RUN: $ 2,684,989.37 10/21/04 TOTAL CHECK RUN: 3,754,329.86 10/28/04 TOTAL CHECK RUN: 1,808,060.81 10/21/04 TOTAL PAYROLL RUN: 357,651.23 TOTAL LIST OF DEMANDS FOR 11/09/04 COUNCIL MEETING: $ 8,605,031.27 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 5,779,252.81 140 COMMUNITY DEV BLOCK GRANT 5,426.60 165 RDA DEV-LOW/MOD SET ASIDE 17,044.24 190 TEMECULA COMMUNITY SERVICES DISTRICT 226,181.31 192 TCSD SERVICE LEVEL'B' STREET LIGHTS 41,194.59 193 TCSD SERVICE LEVEL'C' LANDSCAPE/SLOPE 88,126.08 194 TCSD SERVICE LEVEL'D' REFUSE/RECYCLING 5,935.38 195 TCSD SERVICE LEVEL R 960.00 210 CAPITAL IMPROV PROJECT FUND 1,893,737.36 CFD 88-12 ADMIN EXPENSE FUND 1,435.50 274 JOHNWARNERAD 928.75 280 REDEVELOPMENT AGENCY -CIP PROJECT 9,944.31 300 INSURANCE FUND 7,556.27 320 INFORMATION SYSTEMS 46,346.34 330 SUPPORT SERVICES 12,401.80 340 FACILITIES 9,611.22 473 CROW NE HILL CFD 03-1 DEBT SERVICE FUND 101,297.58 $ 8,247,380.04 001 GENERAL FUND 250,647.09 165 RDA DEV-LOW/MOD SET ASIDE 5,178.31 190 TEMECULA COMMUNITY SERVICES DISTRICT 60,736.06 192 TCSD SERVICE LEVEL'B' STREET LIGHTS 115.21 193 TCSD SERVICE LEVEL'C' LANDSCAPEISLOPE 5,208.32 194 TCSD SERVICE LEVEL'D' REFUSEIRECYCLING 831.13 280 REDEVELOPMENT AGENCY -CIP PROJECT 2,325.99 300 INSURANCE FUND 1,064.87 320 INFORMATION SYSTEMS 21,500.44 330 SUPPORT SERVICES 2,635.42 340 FACILITIES 7,408.39 357,651.23 TOTAL BY FUND: $ 8,605,031.27 PREPARED BY RETA W ESTON, ACCOUNTING SPECIALIST HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAW N NELSON, CITY MANAGER apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 95044 10/19/2004 006816 ACOSTA, SAMUEL FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95045 10/19/2004 004630 ADAIR, BILL LEE FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95046 10/19/2004 004631 ADAMOVICH, DANIEL J. FY 03104 CFD 88-12 Reimbursement 525.56 525.56 95047 10/19/2004 005423 ADVANCED CARDIO VASCULA FY 03104 CFD 88-12 Reimbursement 50,199.12 50,199.12 95048 10/19/2004 001862 ADVANCED CARDIOVASCULAR FY 03104 CFD 88-12 Reimbursement 10,352.08 10,352.08 95049 10/19/2004 006817 ADVANCED CARDIOVASCULAR FY 03/04 CFD 88-12 Reimbursement 108,434.96 108,434.96 95050 10/19/2004 006818 AFFAN, EMAN FY 03104 CFD 88-12 Reimbursement 384.32 384.32 95051 10/19/2004 004632 AIRD, ELIZABETH OTTILIE FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95052 10/19/2004 008168 AJMAL, KHALED CAL FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95053 10/19/2004 008169 ALBARRAN, JAVIER FY 03/04 CFD 88-12 Reimbursement 525.56 525.56 95054 10/19/2004 005496 ALCALA, JOSE T. FY 03/04 CFD 88-12 Reimbursement 1,156.23 1,156.23 95055 10/19/2004 004331 ALLEN, CAROLYN, A. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95056 10/19/2004 005530 AMADOR, PETER FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95057 10/19/2004 006820 ANAAROCHA, RAOUEL SANTA FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95058 10/19/2004 004633 ANDERSON, LEO 0. FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95059 10/19/2004 008170 ANDRE, ANTONIO FY 03/04 CFD 88-12 Reimbursement 735.77 735.77 95060 10/19/2004 005435 ARCE, CEASAR R. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95061 10/19/2004 003873 ARDEN REALTY LP FY 03/04 CFD 88-12 Reimbursement 31,752.76 31,752.76 Pagel apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check k Date Vendor Description Amount Paid Check Total 95062 10/19/2004 006821 ARGUETA, LUIS A. FY 03104 CFD 88-12 Reimbursement 525.56 525.56 95063 10/19/2004 003406 ASHLOCK, JANET C. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95064 10/19/2004 001823 ATKINSON, DAVID MICHAEL FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95065 10/19/2004 001740 ATWOOD & ANDREWS REVEL FY 03/04 CFD 88-12 Reimbursement 20,532.05 20,532.05 95066 10/19/2004 004321 AVILA, NICOLAS FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95067 10/19/2004 008171 AZEVEDO, MICHAEL V. FY 03/04 CFD 88-12 Reimbursement 4,018.34 4,018.34 95068 10/19/2004 006824 B P WEST COAST PRODUCTS FY 03/04 CFD 88-12 Reimbursement 1,993.56 1,993.56 95069 10/19/2004 008231 BAGINGITO, ALWIN FY 03/04 CFD 88-12 Reimbursement 1,360.62 1,360.62 95070 10/19/2004 001801 BAGSBY, SHERALD FY 03r04 CFD 88-12 Reimbursement 192.16 192.16 95071 10/19/2004 003407 BAHR, JEFFREY S. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95072 10/19/2004 004635 BALES, LARRY FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95073 10/19/2004 005430 BANK OF AMERICA NATL TR & FY 03r04 CFD 88-12 Reimbursement 2,377.86 2,377.86 95074 10/19/2004 008172 BARBIERI, JASON FY 03t04 CFD 88-12 Reimbursement 192.16 192.16 95075 10/19/2004 006823 BARRERA, MAURICIO FY 03104 CFD 88-12 Reimbursement 525.56 525.56 95076 10/19/2004 006973 BECHLER, BARRY M. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95077 10/19/2004 005432 BEL VILLAGGIO FY 03/04 CFD 88-12 Reimbursement 102,844.91 102,844.91 95078 10/19/2004 008173 SENNETT, JAMES J. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95079 10/19/2004 005493 BENNETT, JONATHAN FY 03/04 CFD 88-12 Reimbursement 735.77 735.77 Page2 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95080 10/19/2004 004637 BENTLEY, W ESLEY A. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95081 10/19/2004 005489 BOGNER, JOHN J. FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95082 10/19/2004 004323 BORDER REALTY FY 03/04 CFD 88-12 Reimbursement 16,203.29 16,203.29 95083 10/19/2004 008174 BOTROS, NABIL FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95084 10/19/2004 005475 BOYD, GLEN FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95085 10/19/2004 004324 BRADLEY, DOROTHY A. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95086 10/19/2004 004638 BRADLEY, KATHLEEN R. FY 03t04 CFD 88-12 Reimbursement 683.21 683.21 95087 10/19/2004 002957 BRADY, SCOTT C. & JENNIFER FY 03t04 CFD 88-12 Reimbursement 192.16 192.16 95088 10/19/2004 004639 BRANDON, BARRY FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95089 10/19/2004 008175 BRASGA, JILL F. FY 03t04 CFD 88-12 Reimbursement 192.16 192.16 96090 10/19/2004 005532 BRAUN, RAYMOND JOHN FY 03104 CFD 88-12 Reimbursement 1,261.34 1,261.34 95091 10/19/2004 006974 BRIGGS, SHIRLEY J. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95092 10/19/2004 005541 BRIONES, RUBEN FY 03/04 CFD 88-12 Reimbursement 1,208.78 1,208.78 95093 10/19/2004 001832 BRISENDINE, SHIZU FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95094 10/19/2004 004641 BROTTEN, MICHAEL FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95095 10/19/2004 005437 BROWN, CHRISTOPHER MICH FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95096 10/19/2004 008176 BUBELA, CHRISTOPHER FY 03r04 CFD 88-12 Reimbursement 578.12 578.12 95097 10/19/2004 005644 BURDICK, JEFFREY A FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 Page3 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95098 10/19/2004 005781 BURGER PACIFIC, C/O BRECK FY 03/04 CFD 88-12 Reimbursement 14,743.54 14,743.54 95099 10/19/2004 006975 BURKE, MICHAEL W. FY 03104 CFD 88-12 Reimbursement 1,360.62 1,360.62 95100 10/19/2004 006825 BURKE, TIMOTHY, M. FY 03/04 CFD 88-12 Reimbursement 25,763.16 25,763.16 95101 10/19/2004 006976 BUTLER, JOSEPH FY 03/04 CFD 88-12 Reimbursement 525.56 525.56 95102 10/19/2004 005550 GALLERY, STEPHEN P. FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95103 10/19/2004 006977 CAMERON, DONALD G. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95104 10/19/2004 005542 CAPACIA, RUEL V. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95105 10/19/2004 005502 CARDENTE, KENNETH FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95106 10/19/2004 005491 CARLISLE, JOHNIE FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95107 10/19/2004 006826 CARTER, JONATHAN P. FY 03/04 CFD 88-12 Reimbursement 525.56 525.56 95108 10/19/2004 005533 CASTELLON, REGINALDO FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95109 10/19/2004 006827 CASTRO, JUDY FY 03104 CFD 88-12 Reimbursement 525.56 525.56 95110 10/19/2004 005520 CHAFFIN, MATTHEW PAUL FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95111 10/19/2004 004647 CHAPA, CARLOS A. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95112 10/19/2004 008177 CHENG FAMILY PARTNERSHIP FY 03104 CFD 88-12 Reimbursement 12,832.85 12,832.85 95113 10/19/2004 003882 CHRIST THE VINE LUTHERAN FY 03104 CFD 88-12 Reimbursement 17,029.36 17.029.36 95114 10/19/2004 005438 CHURCH OF JESUS CHRIST OF FY 03/04 CFD 88-12 Reimbursement 30,288.29 30,288.29 95115 10/19/2004 003883 CIRAULO, JOSEPH R. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 PageA apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 95116 10/19/2004 004650 CLARKE, RONALD M. FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95117 10/19/2004 004651 CLONTS, SAM OWEN FY 03/04 CFD 88-12 Reimbursement 946.00 946.00 95118 10/19/2004 005635 CNL FUNDING 2000 A FY 03/04 CFD 88-12 Reimbursement 6,005.79 6,005.79 95119 10/19/2004 004652 COHN, STEPHEN R. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95120 10/19/2004 007005 COLEMAN, WANDA J. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95121 10/19/2004 006828 COLVIN LIND, PAMELA FY 03104 CFD 88-12 Reimbursement 1,261.34 1,261.34 95122 10/19/2004 006829 CONYERS, CURTIS G. FY 03104 CFD 88-12 Reimbursement 525.56 525.56 95123 10/19/2004 004329 COSTCO WHOLESALE GROUP FY 03104 CFD 88-12 Reimbursement 85,160.26 85,160.26 95124 10/19/2004 003409 COT INVESTMENTS FY 03/04 CFD 88-12 Reimbursement 6,926.18 6,926.18 95125 10/19/2004 002154 CRANNEY, KAREN A. FY 03(04 CFD 88-12 Reimbursement 192.16 192.16 95126 10/19/2004 004654 CUMMISKEY, ROBERT J. FY 03/04 CFD 88-12 Reimbursement 525.56 525.56 95127 10/19/2004 008179 DACY ROUGHAN, CONNIE L. FY 03(04 CFD 88-12 Reimbursement 683.21 683.21 95128 10/19/2004 005431 DAVIS, BARBARA W. FY ON04 CFD 88-12 Reimbursement 946.00 946.00 95129 10/19/2004 006978 DAVIS, GABRIEL FY 03*4 CFD 88-12 Reimbursement 192.16 192.16 95130 10/19/2004 005476 DAVIS, GLORIA J. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95131 10/19/2004 008180 DAVIS, NINA PAULINE FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95132 10/19/2004 006979 DAVIS, RICHARD R. FY 03104 CFD 88-12 Reimbursement 840.89 840.89 95133 10/19/2004 006830 DE FELICE, JOSEPH FY 03104 CFD 88-12 Reimbursement 946.00 946.00 Pages apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 95134 10/19/2004 008181 DECAMP, ALEX RYAN FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95135 10/19/2004 006980 DEESE, DANIEL FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95136 10/19/2004 002959 DEFRANK, MICHAEL FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95137 10/19/2004 001735 DEL TACO RESTAURANT PRO FY 03/04 CFD 88-12 Reimbursement 2,089.64 2,089.64 95138 10/19/2004 005474 DELAMATER, GERALD E. FY 03/04 CFD 88-12 Reimbursement 525.56 525.56 95139 10/19/2004 005645 DELARIVA, LINDA A FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95140 10/19/2004 008182 DELCONTE, KAREEN E. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95141 10/19/2004 008183 DENARO, JASON FY 03/04 CFD 88-12 Reimbursement 998.56 998.56 95142 10/19/2004 008232 DESCHAUWER, JACQUES FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95143 10/19/2004 006831 DESENS, JOHN C. FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95144 10/19/2004 003412 DIAZ, AUSENCIO FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95145 10/19/2004 004656 DITTMAN, JAMES H. FY 03/04 CFD 68-12 Reimbursement 663.21 683.21 95146 10/19/2004 005636 DOLLARD, DARREN W. FY 03(04 CFD 88-12 Reimbursement 840.89 840.89 95147 10/19/2004 008184 DOMINGUEZ, CLAUDIO FY 03/04 CFD 88-12 Reimbursement 946.00 946.00 95148 10/19/2004 008185 DORCHUCK, JOHN W. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95149 10/19/2004 005508 DOUGHTY, LINDA S. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95150 10/19/2004 006981 DOUGLAS, PAUL FY 03104 CFD 88-12 Reimbursement 735.77 735.77 95151 10/19/2004 006833 DU, LETICIA FY 03104 CFD 88-12 Reimbursement 1,360.62 1,360.62 Page6 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95152 10/19/2004 005421 DUESING, AARON SHAWN FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95153 10/19/2004 006834 DURAN, JOSE EDUARDO FY 03/04 CFD 88-12 Reimbursement 525.56 525.56 95154 10/19/2004 005466 DURNIL, DONALD T. FY 03/04 CFD 88-12 Reimbursement 1,208.79 1,208.79 95155 10/19/2004 004658 EASTWOOD, GREGORY D. FY 03/04 CFD 88-12 Reimbursement 1,256.39 1,256.39 95156 10/19/2004 001726 ELI LILLY & COMPANY FY 03104 CFD 88-12 Reimbursement 33,050.83 33,050.83 95157 10/19/2004 004332 EMERALD CREST FY 03/04 CFD 88-12 Reimbursement 2,472.35 2,472.35 95158 10/19/2004 003889 EMMER, JEAN M. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95159 10/19/2004 002589 ESBENSEN, PHILLIP FY 03/04 CFD 88-12 Reimbursement 1,321.04 1,321.04 95160 10/19/2004 006835 FARKAS, FERENC FY 03104 CFD 88-12 Reimbursement 1,208.79 1,208.79 95161 10/19/2004 002574 FERRIERA, RICHARD FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95162 10/19/2004 008186 FERRO, MARIO FY ON04 CFD 88-12 Reimbursement 578.12 578.12 95163 10/19/2004 006837 FIFTY FIRST STREET FY 03/04 CFD 88-12 Reimbursement 6,159.77 6,159.77 95164 10/19/2004 008187 FILGER, BRIAN FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95165 10/19/2004 005553 FISHER, THOMAS W. FY 03/04 CFD 88-12 Reimbursement 1,839.44 1,839.44 95166 10/19/2004 006838 FORD, AARON J. FY 03(04 CFD 88-12 Reimbursement 192.16 192.16 95167 10/19/2004 008188 FOWLER, FREDDIE E. FY 03t04 CFD 88-12 Reimbursement 1,103.67 1,103.67 95168 10/19/2004 004661 FREET, LLOYD N. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95169 10/19/2004 005494 FUENTES, JORGE L. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 Page:? apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 95170 10/19/2004 005654 FUENTEZ, TRAVIS LEWIS FY 03104 CFD 88-12 Reimbursement 384.64 384.64 95171 10/19/2004 005634 FULLWILER, CINDY FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95172 10/19/2004 005428 GARCIA, ANTHONY P. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95173 10/19/2004 006982 GARCIA, JOSEFINA FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95174 10/19/2004 003891 GARLAND, MICHAEL G. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95175 10/19/2004 005655 GELLES, PAUL M FY 03t04 CFD 88-12 Reimbursement 1,629.75 1,629.76 95176 10/19/2004 006839 GHASEMIAN, JAVID FY 03104 CFD 88-12 Reimbursement 1,103.67 1,103.67 95177 10/19/2004 004663 GILL, AVTAR SINGH FY 03t04 CFD 88-12 Reimbursement 3,747.21 3,747.21 95178 10/19/2004 003892 GILLEY, CURTISS W. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95179 10/19/2004 005441 GILLMAN, CRAIG W. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95180 10/19/2004 004664 GIVANT, FRED R. FY 03r04 CFD 88-12 Reimbursement 578.12 578.12 95181 10/19/2004 003893 GLOBAL HOTEL NETWORK INC FY 03104 CFD 88-12 Reimbursement 9,137.24 9,137.24 95182 10/19/2004 006983 GONZALEZ, CARLOS FY 03f04 CFD 88-12 Reimbursement 192.16 192.16 95183 10/19/2004 005545 GONZALEZ, SAL FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95184 10/19/2004 006840 GOODMAN, JAMES R. FY 03/04 CFD 88-12 Reimbursement 1,103.67 1,103.67 95185 10/19/2004 006841 GORDON HOLDINGS FY 03/04 CFD 88-12 Reimbursement 1.014.55 1,014.55 95186 10/19/2004 006642 GORDON HOLDINGS FY O3/O4 CFD 88-12 Reimbursement 7,613.94 7,613.94 95187 10/19/2004 004665 GRAHAM, CAROL A. FY 03104 CFD 88-12 Reimbursement 578.12 578.12 Pages apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 95188 10/19/2004 004666 GRAJEDA, ESTHER FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95189 10/19/2004 004667 GRANADOS, DAVID A. FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95190 10/19/2004 004668 GREENLEE, MICHAEL FY 03/04 CFD 88-12 Reimbursement 4,842.80 4,842.80 95191 10/19/2004 006844 GREGORY, ROBERT C. FY 03/04 CFD 88-12 Reimbursement 37,972.05 37,972.05 95192 10/19/2004 006945 GREGORY, ROBERT C. FY 03/04 CFD 88-12 Reimbursement 6,767.56 6,767.56 95193 10/19/2004 001812 GREGORYK, THOMAS L. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95194 10/19/2004 006848 GRIFFIN, ROBERT C. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95195 10/19/2004 004333 GRIFFITH, PAUL JON FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95196 10/19/2004 003414 GROFF, J. REBECCA FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95197 10/19/2004 004670 GUARANTY FEDERAL BANK FY 03/04 CFD 88-12 Reimbursement 3,724.27 3,724.27 95198 10/19/2004 004671 GUIMONT, WILLIAM FY 03/04 CFD 88.12 Reimbursement 735.77 735.77 95199 10/19/2004 004334 GUPTA, ASHOK K. FY 03/04 CFD 88-12 Reimbursement 5,133.15 5,133.15 95200 10/19/2004 004672 HAGBERG, PHILLIP K. FY 03104 CFD 88-12 Reimbursement 683.21 683.21 95201 10/19/2004 008189 HALL, KEVIN R. FY 03104 CFD 88-12 Reimbursement 683.21 693.21 95202 10/19/2004 002961 HALLIGAN, MARCIA A. FY 03/04 CFD 88-12 Reimbursement 2,642.06 2,642.06 95203 10/19/2004 008190 HANA, CHRIS FY 03/04 CFD 88-12 Reimbursement 946.00 946.00 95204 10/19/2004 004673 HARNER, DEBRA D. FY 03/04 CFD 88-12 Reimbursement 1,051.11 1,051.11 95205 10/19/2004 006852 HAYES, DIANE K. FY 03104 CFD 88-12 Reimbursement 1,156.23 1,156.23 Page9 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95206 10/19/2004 005560 HEATH, WILLIAM M. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95207 10/19/2004 004335 HEDBERG, VIRGINIA FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95208 10/19/2004 006984 HEITING, JEFFREY L. FY 03104 CFD 88-12 Reimbursement 6B3.21 683.21 95209 10/19/2004 004762 HENDERSON, STEVEN G. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95210 10/19/2004 004675 HESS, MATTHEW T. FY 03/04 CFD 88-12 Reimbursement 1,156.23 1,156.23 96211 10/19/2004 004676 HILGER, BRADLEY D. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95212 10/19/2004 004677 HOFFMAN, NANCY J. FY 03t04 CFD 88-12 Reimbursement 192.16 192.16 95213 10/19/2004 003896 HONORE, PATTI A. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95214 10/19/2004 005535 HOUGHTALING, RICHARD JAM FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95215 10/19/2004 005469 HUGAERT, EUGENE FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95216 10/19/2004 008191 HUHN, KATIE FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95217 10/19/2004 002155 ILIESCU, MARIUS & ELIZABEiH FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95218 10/19/2004 008192 IREY, STEPHANIE S. FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95219 10/19/2004 005823 J C PENNEY PROP INC FY 03104 CFD 88-12 Reimbursement 46,865.60 46,865.60 95220 10/19/2004 004337 JENNINGS, CHARLYNN FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95221 10/19/2004 004340 JOHNSON, AMY REBECCA FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95222 10/19/2004 004685 JOHNSON, CHRISTEEN L. FY 03104 CFD 88-12 Reimbursement 683.21 683.21 95223 10/19/2004 005461 JOHNSON, DAWN MARIE FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 Page:10 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Check 9 Date Vendor Description Amount Paid Check Total 95224 10/19/2004 004684 JOHNSON, GREGORY W. FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95225 10/19/2004 006954 JOHNSON, T. ELAINE FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95226 10/19/2004 008193 JOHNSON, TERRY E. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95227 10/19/2004 001775 JOHNSTON, JOSEPH R. & CAR FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95228 10/19/2004 008194 JONES, W ILBERT G. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95229 10/19/2004 003898 JRAKK PROPERTIES FY 03/04 CFD 88-12 Reimbursement 9,781.37 9,781.37 95230 10/19/2004 002694 JUBANY, LUIS FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95231 10/19/2004 004686 KAISERMAN, DONALD FY 03/04 CFD 88-12 Reimbursement 149,532.63 149,532.63 95232 10/19/2004 002963 KATONA, EVELYN R FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95233 10/19/2004 005558 KEENAN, VINCENT P. FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95234 10/19/2004 005499 KELLER, KARL HEINZ FY 03/04 CFD 88-12 Reimbursement 1,777.38 1,777.38 95235 10/19/2004 008195 KENNEDY, APRIL FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95236 10/19/2004 006856 KERETA, JOSEPH A. FY 03104 CFD 88-12 Reimbursement 735.77 735.77 95237 10/19/2004 006985 KERRICO, CHRISTOPHER J. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95238 10/19/2004 004342 KHOURY, ALICE MARIE FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95239 10/19/2004 005484 KIESAU, JEFFREY D. FY 03/04 CFD 88-12 Reimbursement 1,156.23 1,156.23 95240 10/19/2004 004688 KILMER, WALTER L. FY 03/04 CFD 88-12 Reimbursement 1,839.44 1,839.44 95241 10/19/2004 008196 KIM, DEUKSHIN FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 Page:11 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 95242 10/19/2004 003900 KIMCO PALM PLAZA FY 03104 CFD 88-12 Reimbursement 65,786.96 65,786.96 95243 10/19/2004 006857 KIMCO PALM PLAZA FY 03/04 CFD 88-12 Reimbursement 15,444.04 15,444.04 95244 10/19/2004 008197 KINSEY, JONATHAN E. FY 03104 CFD 88-12 Reimbursement 554.11 554.11 95245 10/19/2004 006987 KLETTER, MINDY S. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95246 10/19/2004 006859 KODAMA, JAY MASANORI FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95247 10/19/2004 006860 KOO, JIN HYUN FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95248 10/19/2004 005536 KORALEWSKI, RICHARD P. FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95249 10/19/2004 004689 KRUSE, DAVID EDWARD FY 03104 CFD 88-12 Reimbursement 683.21 68321 95250 10/19/2004 006988 KURVERS, JENIFER A. FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95251 10/19/2004 005556 LANDEROS, VERONICA FY 03104 CFD 88-12 Reimbursement 1,313.89 1,313.89 95252 10/19/2004 005513 LARA, MANUEL ENRIQUE FY 03/04 CFD 88-12 Reimbursement 735.77 735.77 95253 10/19/2004 006989 LARSEN, DOUGLAS F. FY 03/04 CFD 88-12 Reimbursement 1,360.62 1,360.62 95254 10/19/2004 006861 LARSON, JASON ROY FY 03/04 CFD 88-12 Reimbursement 473.00 473.00 95255 10/19/2004 005549 LAUTENSCHLAGER, STEPHEN FY 03/04 CFD 88-12 Reimbursement 2,943.11 2,943.11 95256 10/19/2004 004691 LEAVERTON, ROBERT M. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95257 10/19/2004 006862 LEGASSA, RICHARD L. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95258 10/19/2004 003417 LEMKE, HERMAN GP FY 03/04 CFD 88-12 Reimbursement 4,179.26 4,179.26 95259 10/19/2004 004692 LESUEUR, DANIEL J. FY 03104 CFD 88-12 Reimbursement 525.56 525.56 Page:12 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK OF CALIFORNIA (Continued) Checks Date Vendor Description Amount Paid Check Total 95260 10/19/2004 005497 LEYDON, KAREN A. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95261 10/19/2004 008198 LIN, XINWEI FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95262 10/19/2004 004693 LIVELY, HSIAO LIN JEN FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95263 10/19/2004 004694 LOERA, ANTHONY FY 03/04 CFD 88-12 Reimbursement 1,777.88 1,777.88 95264 10/19/2004 002965 LOPEZ, ELISA MARIE FY 03r04 CFD 88-12 Reimbursement 192.16 192.16 95265 10/19/2004 004696 LOPEZ, RAMON FY 03104 CFD 88-12 Reimbursement 840.89 840.89 95266 10/19/2004 006990 LOPEZ, RAUL E. FY 03/04 CFD 88-12 Reimbursement 1,313.89 1,313.89 95267 10/19/2004 006863 LOPEZ, RAYMOND SOL CRUZ FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95268 10/19/2004 003432 LOVE, PATRICIA B FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95269 10/19/2004 004697 LOWES HIW INC FY 03104 CFD 88-12 Reimbursement 61,321.25 61,321.25 95270 10/19/2004 005481 LOWTHER, JAMES G. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95271 10/19/2004 005422 LUPERCIO, ABRAHAM A. FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95272 10/19/2004 002619 M E G INVESTMENTS FY 03/04 CFD 88-12 Reimbursement 43,370.86 43,370.86 95273 10/19/2004 005512 MACY'S WEST INC FY 03104 CFD 88-12 Reimbursement 54,507.94 54,507.94 95274 10/19/2004 005504 MAEHLER, KURT E. FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95275 10/19/2004 002966 MANDEL, ARMIN FY 03/04 CFD 88-12 Reimbursement 1,513.18 1,513.18 95276 10/19/2004 004700 MANICHANH, SISOUVANH FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95277 10/19/2004 004701 MANISCALCO, JOSEPH J. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 Page:13 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 14 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95278 10/19/2004 005464 MANOS DIANE Y LIVING TRUST FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95279 10/19/2004 006864 MARTINEZ, CARMEN M. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95280 10/19/2004 003905 MARUSKA, JOHN H. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95281 10/19/2004 003906 MAY DEPARTMENT STORES FY 03/04 CFD 88-12 Reimbursement 62,675.67 62,675.67 95282 10/19/2004 008199 MAYFIELD, NIKKI L. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95283 10/19/2004 008200 MC ADAM, CONSTANCE J. FY 03104 CFD 88-12 Reimbursement 683.21 683.21 95284 10/19/2004 006992 MC ADAM, CONSTANCE JEAN FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95285 10/19/2004 005529 MC KENORICKS, PATRICIA LYN FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95286 10/19/2004 006993 MC MICHAEL, DANIEL JOHN FY 03/04 CFD 88-12 Reimbursement 893.44 893.44 96287 10/19/2004 004705 MC PHERSON, SCOTT FY 03/04 CFD 88-12 Reimbursement 735.77 735.77 95288 10/19/2004 005521 MCLEAN AUTOMOTIVE INC FY 03104 CFD 88-12 Reimbursement 13,394.80 13,394.80 95289 10/19/2004 006994 MEDDERS, GREGORY L. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95290 10/19/2004 001728 MERVYNS FY 03104 CFD 88-12 Reimbursement 15,107.78 15,107.78 95291 10/19/2004 004707 MESEK, DAVID B. FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95292 10/19/2004 004708 MICHAEL, MARIA FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95293 10/19/2004 001774 MICHALEK, CHARLENE FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95294 10/19/2004 005547 MINED, SALVATORE J. FY 03/04 CFD 88-12 Reimbursement 1,629.75 1,629.75 95295 10/19/2004 008201 MONTEZ, SCOTT A. FY 03104 CFD 88-12 Reimbursement 735.77 735.77 Page:14 apChklst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 15 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95296 10/19/2004 004346 MOORE, JOHN L FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95297 10/19/2004 006995 MORIKAWA, WESLEY M. FY 03104 CFD 88-12 Reimbursement 1,360.62 1,360.62 95298 10/19/2004 008202 MORRIS, ERIC J. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95299 10/19/2004 006857 MOTLEY, MICHAEL M. FY 03104 CFD 88-12 Reimbursement 525.56 525.56 95300 10/19/2004 005465 MOW RER, DONALD J. FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95301 10/19/2004 006868 MULLANEY, SCOTT R. FY 03/04 CFD 88-12 Reimbursement 525.56 525.56 95302 10/19/2004 006996 MULLINS, JAMES FY 03/04 CFD 88-12 Reimbursement 525.56 525.56 95303 10/19/2004 008203 MULLINS, JAMES FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95304 10/19/2004 002967 MYERS JR, ANDREW L FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95305 10/19/2004 005434 MYRIN, BRITTA FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95306 10/19/2004 008234 NEDELJKOVIC, VERA FY 03/04 CFD 88-12 Reimbursement 735.77 735.77 95307 10/19/2004 002969 NESBITT PARTNERS TEMECUL FY 03/04 CFD 88-12 Reimbursement 12,225.54 12,225.54 95308 10/19/2004 006997 NIELSEN, DWIGHT DAVID FY 03104 CFD 88-12 Reimbursement 1,997.11 1,997.11 95309 10/19/2004 005500 OGLE, KAROLYN M. FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95310 10/19/2004 005557 OLVEDA, VICTOR FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95311 10/19/2004 008204 ONEILL DON & NANCY TRUST FY 03/04 CFD 88-12 Reimbursement 1,997.12 1,997.12 95312 10/19/2004 004712 ONG, RICHARD FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95313 10/19/2004 008205 ORG 10 FY 03/04 CFD 88-12 Reimbursement 5,338.48 5,338.48 Page:15 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 16 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95314 10/19/2004 005507 ORTEGA, LEOPOLDO FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95315 10/19/2004 008206 ORTIZ, ANGELINA L. FY 03/04 CFD 88-12 Reimbursement 1,681.77 1,681.77 95316 10/19/2004 008207 OVERLAND BUILDING B FY 03/04 CFD 88-12 Reimbursement 1,834.70 1,834.70 95317 10/19/2004 005526 OVERLAND CORPORATE CEN FY 03/04 CFD 88-12 Reimbursement 18,958.53 18,958.53 95318 10/19/2004 008208 OVERLAND LAND & CATTLE C FY 03104 CFD 88-12 Reimbursement 28,991.95 28,991.95 95319 10/19/2004 001790 PACHECO, DAVID ERNESTO FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95320 10/19/2004 006870 PACIFIC TRUST BANK FY 03104 CFD 88-12 Reimbursement 1,489.16 1,489.16 95321 10/19/2004 005480 PADILLA, JAMES DAVID FY 03/04 CFD 88-12 Reimbursement 946.00 946.00 95322 10/19/2004 006998 PAHL, GARET N. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95323 10/19/2004 005495 PALLASIGUI, JOSE D. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95324 10/19/2004 003910 PALLER, JOANNE E. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95325 10/19/2004 005425 PAPA, ANDRES R. FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95326 10/19/2004 003419 PARTIDA, LAUREN FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95327 10/19/2004 006872 PASCO, STEPHEN FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95328 10/19/2004 004349 PAULL, BECKY FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95329 10/19/2004 004714 PEREA, DAVID L. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95330 10/19/2004 008209 PHAN, KEVIN QUOC FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95331 10/19/2004 003912 PHELPS, WAYNE W. FY 03/04 CFD 88-12 Reimbursement 5,657.29 5,657.29 Page:16 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 17 Bank: union UNION BANK OF CALIFORNIA (Continued) Check 6 Date Vendor Description Amount Paid Check Total 95332 10/19/2004 004715 PHUNG, THANG Q. FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95333 10/19/2004 005492 PIERCE, JON J. FY 03/04 CFD 88-12 Reimbursement 840.89 840.89 95334 10/19/2004 005539 PINKHAM, ROCHELLE FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95335 10/19/2004 004350 PLAZA TEMECULA FY 03104 CFD 88-12 Reimbursement 10,522.95 10,522.95 95336 10/19/2004 005503 PLOUFFE, KENNETH D. FY 03r04 CFD 88-12 Reimbursement 1,103.67 1,103.67 95337 10/19/2004 004716 PORTILLO, DAVID FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95338 10/19/2004 004717 POZOS, RANDALL DEAN FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95339 10/19/2004 006873 PROMENADE MEDICAL CONDO FY 03104 CFD 88-12 Reimbursement 8,250.25 8,250.25 95340 10/19/2004 004352 PSOMAS, JOANN M FY 03r04 CFD 88-12 Reimbursement 192.16 192.16 95341 10/19/2004 004720 RABINO, RODOLFO B. FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95342 10/19/2004 008210 RANCHO HIGHLANDS FY 03/04 CFD 88-12 Reimbursement 338,799.60 338,799.60 95343 10/19/2004 008211 RANDALL, MARIANNE CELEST FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95344 10/19/2004 005519 RAZUKAS, MATTHEW JAMES FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95345 10/19/2004 006874 RECLUSADO, RONALD FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95346 10/19/2004 006875 REDDEN BRUNELLO, DEBBIE R FY 03/04 CFD 88-12 Reimbursement 525.56 525.56 95347 10/19/2004 006876 REEVES, DONNA FY 03104 CFD 88-12 Reimbursement 5,860.58 5,860.58 95348 10/19/2004 001732 REEVES, DONNA L. FY 03104 CFD 88-12 Reimbursement 10,496.18 10,496.18 95349 10/19/2004 006877 REEVES, DONNA L. FY 03/04 CFD 88-12 Reimbursement 20,404.15 20,404.15 Page:17 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 18 Bank: union UNION BANK OF CALIFORNIA (Continued) Check a Date Vendor Description Amount Paid Check Total 95350 10/19/2004 006878 REEVES, DONNA L. FY 03/04 CFO 88-12 Reimbursement 5,116.00 5,116.00 95351 10/19/2004 006879 REGAN, KENNETH DEAN FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95352 10/19/2004 006880 REZA, ANTONIO H. FY 03/04 CFD 88-12 Reimbursement 1,360.62 1,360.62 95353 10/19/2004 005511 RIDDLE, LOUIS W. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95354 10/19/2004 005442 RINEHART, DALE J. FY 03/04 CFD 88-12 Reimbursement 840.89 840.89 95355 10/19/2004 004721 RISTINE, PATRICK R. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95356 10/19/2004 005487 RODRIGUEZ, JILL ANN FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95357 10/19/2004 008212 ROEDER, ANDREA D. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95358 10/19/2004 005467 ROMERO, EMIL N. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95359 10/19/2004 001843 ROOK, MICHAEL C & TRACEY L FY 03r04 CFD 88-12 Reimbursement 192.16 192.16 95360 10/19/2004 002162 ROOKS, LEANNE FY 03r04 CFD 88-12 Reimbursement 192.16 192.16 95361 10/19/2004 004723 ROSIER, REX E. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95362 10/19/2004 004724 ROY, SEAN BRANDON FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95363 10/19/2004 008213 ROYAL, MICHAEL D. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95364 10/19/2004 007000 RUETHER, ROBERT FY 03/04 CFD 88-12 Reimbursement 735.77 735.77 95365 10/19/2004 005488 RUNYEN, JODI LYNNE FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95366 10/19/2004 002617 S & L OIL FY 03/04 CFD 88-12 Reimbursement 1,650.67 1,650.67 95367 10/19/2004 004725 SABELLA, ANGELA C. FY 03/04 CFD 88-12 Reimbursement 108,795.68 108,795.68 Page:18 apChkLst 10119/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 19 Bank: union UNION BANK OF CALIFORNIA (Continued) Check N Date Vendor Description Amount Paid Check Total 95368 10/19/2004 006881 SAINDON, KAREN FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95369 10/19/2004 008214 SALAZAR, RICHARD A. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95370 10/19/2004 005468 SALDIVAR, ENRIQUE A. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95371 10/19/2004 005509 SALDIVAR, LIZZEfT FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95372 10/19/2004 005486 SANDERS, JENNIFER M. FY 03104 CFD 88-12 Reimbursement 840.89 840.89 95373 10/19/2004 004726 SCARPINE, MATTHEW EUGEN FY 03/04 CFD 88-12 Reimbursement 998.56 998.56 95374 10/19/2004 005523 SCHAFER, MICHAEL R. FY 03104 CFD 88-12 Reimbursement 11,989.14 11,989.14 95375 10/19/2004 005538 SCHNEIDER, ROBERT W. FY 03104 CFD 88-12 Reimbursement 578.12 578.12 95376 10/19/2004 003917 SEARS ROEBUCK & COMPANY FY 03104 CFO 88-12 Reimbursement 50,202.14 50,202.14 95377 10/19/2004 005471 SERRANO, GABRIEL FY 03/04 CFD 88-12 Reimbursement 1,261.34 1,261.34 95378 10/19/2004 007001 SEVERANCE, CHRISTOPHER J FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95379 10/19/2004 008215 SHANNON, DOUGLAS JAMES FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95380 10/19/2004 007002 SHEPHERD, OCRAN FY 03r04 CFD 88-12 Reimbursement 578.12 578.12 95381 10/19/2004 007003 SIMMONS, CONNIE L. FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95382 10/19/2004 004730 SMITH, COOLY FY 03/04 CFD 88-12 Reimbursement 735.77 735.77 95383 10/19/2004 005463 SMITH, DEVI T. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95384 10/19/2004 008216 SMITH, GREGORY M. FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95385 10/19/2004 004731 SMITH, NEIL ANDREW FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 Page:19 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 20 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95386 10/19/2004 004355 SMITHEY, BRETT E FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95387 10/19/2004 005524 SORENSEN, MICHAEL B. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95388 10/19/2004 006882 SORGENFREY, KENT R. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95389 10/19/2004 005540 SPARLING, ROGER FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95390 10/19/2004 003921 SPEHAR BUSINESS PROPERTI FY 03104 CFD 88-12 Reimbursement 3,626.84 3,626.84 95391 10/19/2004 003421 SRA VENTURES FY 03104 CFD 88-12 Reimbursement 13,396.94 13,396.94 95392 10/19/2004 004732 STALLO, JOHNATHAN M. FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95393 10/19/2004 003922 STANTON, LEE M. FY 03/04 CFD 88-12 Reimbursement 8,195.29 8,195.29 95394 10/19/2004 003923 STARWOOD WASSERMAN TEM FY 03r04 CFD 88-12 Reimbursement 123,859.49 123,859.49 95395 10/19/2004 004357 STARWOOD WASSERMAN TEM FY 03r04 CFD 88-12 Reimbursement 4,619.83 4,619.83 95396 10/19/2004 005498 STEED, KAREN M. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95397 10/19/2004 001802 STEWART, JEAN M. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95398 10/19/2004 005485 STONE, JEFFREY E. FY 03/04 CFD 88-12 Reimbursement 1,839.44 1,839.44 95399 10/19/2004 006883 SUBBIAH, SANJEEVI V. FY 03104 CFD 88-12 Reimbursement 683.21 683.21 95400 10/19/2004 005642 TANNER-THOMPSON, FLOREN FY 03r04 CFD 88-12 Reimbursement 683.21 683.21 95401 10/19/2004 008217 TAVAGLIONE, NICHOLAS E. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95402 10/19/2004 008218 TEMECULA MO LLC FY 03/04 CFD 88-12 Reimbursement 29,308.23 29,308.23 95403 10/19/2004 005649 TEMECULA PAD H FY 03/04 CFD 88-12 Reimbursement 10,933.60 10,933-60 Page20 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 21 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96404 10/19/2004 005737 TEMECULA PAD PO FY 03/04 CFD 88-12 Reimbursement 9,906.96 9,906.96 95405 10/19/2004 004358 TEMECULA PLACE FY 03104 CFD 88-12 Reimbursement 11,292.92 11,292.92 95406 10/19/2004 003926 TEMECULA POWER CENTER FY 03/04 CFD 88-12 Reimbursement 47,166.18 47,166.18 95407 10/19/2004 003927 TEMECULA SELF STORAGE IN FY 03/04 CFD 88-12 Reimbursement 17,236.23 17,236.23 95408 10/19/2004 003928 TEMECULA TOWNE CENTER A FY 03/04 CFO 88-12 Reimbursement 189,059.34 189,059.34 95409 10/19/2004 006884 TEMECULA VALLEY CHAMBER FY 03/04 CFD 88-12 Reimbursement 4,811.39 4,811.39 95410 10/19/2004 003929 TEMECULA VALLEY UNIFIED S FY 03104 CFD 88-12 Reimbursement 110,442.71 110,442.71 95411 10/19/2004 006885 THOMAS, DARREN D. FY 03104 CFO 88-12 Reimbursement 192.16 192.16 95412 10/19/2004 004736 TINSMAN, JULIE L. FY 03/04 CFD 88-12 Reimbursement 683.21 683.21 95413 10/19/2004 006886 TISCARENO, DAWNE FY 03104 CFD 88-12 Reimbursement 840.89 840.89 95414 10/19/2004 005462 TOLTON, DENNIS R. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95415 10/19/2004 008219 TORRES, CESAR FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95416 10/19/2004 002976 TOUSSAINT, RICHARD & SAND FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95417 10/19/2004 005554 TOWER OFFICE PLAZA I, II & III FY 03/04 CFD 88-12 Reimbursement 16,909.18 16,909.18 95418 10/19/2004 004737 TRAN, AN HAI FY 03104 CFD 88-12 Reimbursement 683.21 683.21 95419 10/19/2004 008220 TRAN, MONG T. FY 03/04 CFO 88-12 Reimbursement 578.12 578.12 95420 10/19/2004 008221 TRAN, VINCE L. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95421 10/19/2004 005555 TRIPLE D PROP OVERLAND FY 03/04 CFD 88-12 Reimbursement 1,681.80 1,681.80 Page21 apChkLst 10/19/2004 5:48:42PM Final Check List CITY OF TEMECULA Page: 22 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 95422 10/19/2004 008222 TURKSON, GEORGE FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95423 10/19/2004 006887 UNION BANK OF CALIFORNIA FY 03/04 CFD 88-12 Reimbursement 6,821.67 6,821.67 95424 10/19/2004 001837 VEASEY, KENNETH FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95425 10/19/2004 008223 VINCENT, CLAYTON P. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95426 10/19/2004 004740 VINOLE, EMILIANO J. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95427 10/19/2004 004742 VNENK, MILOS M. FY 03r04 CFD 88-12 Reimbursement 735.77 735.77 95428 10/19/2004 008224 VO, NGU H. FY 03r04 CFD 88-12 Reimbursement 630.66 630.66 95429 10/19/2004 005483 VOLLMER, JEFFERY J. FY 03/04 CFD 88-12 Reimbursement 1,156.23 1,156.23 95430 10/19/2004 005506 VOLTURNO, LENORE FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95431 10/19/2004 006889 WASSAN, MICHAEL JOHN FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95432 10/19/2004 006890 WEBB, JAMES FY 03t04 CFD 88-12 Reimbursement 1,273.00 1,273.00 95433 10/19/2004 004744 W EGNER, MARY F. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95434 10/19/2004 004745 W EHBA, MOHAMED NIJEM FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95435 10/19/2004 001754 WEINGART, RUTH FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95436 10/19/2004 001804 WELLENBRINK, HOWARD W FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95437 10/19/2004 003931 WELLS FARGO BANK NATL AS FY 03104 CFD 88-12 Reimbursement 3,530.76 3,530.76 95438 10/19/2004 008225 WELLS, MONICA A. FY 03/04 CFD 88-12 Reimbursement 525.56 525.56 95439 10/19/2004 008226 WESTMAR OVERLAND FY 03t04 CFD 88-12 Reimbursement 1,936.63 1,936.63 Page22 apChkLst Final Check List Page: 23 10/19/2004 5:48:42PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95440 10/19/2004 005517 WHITE, MARTIN E. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95441 10/19/2004 004746 W ILLE, JOHN FY 03104 CFD 88-12 Reimbursement 630.66 630.66 95442 10/19/2004 008227 WILLIAMS, JOHN R. FY 03104 CFD 88-12 Reimbursement 192.16 192.16 95443 10/19/2004 001844 W ILSON, MAUREEN A FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95444 10/19/2004 008228 WINCHESTER FUELS CORP FY 03104 CFD 88-12 Reimbursement 6,159.77 6,159.77 95445 10/19/2004 006892 WOLF, JOHN P. FY 03/04 CFD 88-12 Reimbursement 893.44 893.44 95446 10/19/2004 006893 WOODSON, STEPHEN ROBERT FY 03104 CFD 88-12 Reimbursement 525.56 525.56 95447 10/19/2004 005482 WOODWARD, JAMES M. FY 03/04 CFD 88-12 Reimbursement 1,313.89 1,313.89 95448 10/19/2004 004749 YATES, PATRICIA FY 03/04 CFD 88-12 Reimbursement 735.77 735.77 95449 10/19/2004 005561 YATES, W ILSON P. FY 03/04 CFD 88-12 Reimbursement 578.12 578.12 95450 10/19/2004 007004 YOW, KEVIN DEWAYNE FY 03/04 CFD 88-12 Reimbursement 192.16 192.16 95461 10/19/2004 004366 ZAM II PROPERTIES FY 03/04 CFD 88-12 Reimbursement 14,166.16 14,166.16 95452 10/19/2004 005648 ZEEB, STEPHEN J FY 03104 CFD 88-12 Reimbursement 946.00 946.00 95453 10/19/2004 005551 ZEIF, STEVE LOUIS FY 03104 CFD 88-12 Reimbursement 683.21 683.21 95454 10/19/2004 005479 ZENK, HENRY FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 95455 10/19/2004 004752 ZONA, KIMBERLY K. FY 03/04 CFD 88-12 Reimbursement 735.77 735.77 Grand total for UNION BANK OF CALIFORNIA: 2,684,989.37 Page23 apChkLst Final Check List Page: 1 10/21/2004 11:17:45AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 394 10/21/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 16,800.92 16,800.92 395 10/21/2004 000389 U S C M WEST (OBRA), OBRA- Project Retirement Payment 2,689.30 2,689.30 395 10/21/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pint 88,263.44 88,263.44 397 10/21/2004 000444 INSTATAX (EDD) Stale Disability Ins Payment 17,661.89 17,661.89 398 10/21/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 67,015.41 67,015.41 399 10/21/2004 000444 INSTATAX (EDD) UI & ETT Taxes 3rd Qtr 2004 16,040.42 16,040.42 95042 10/19/2004 007736 GRIFFITH COMPANY Jul prgss:Jefferson Rehab Ph II 29,925.00 29,925.00 95043 10/19/2004 000537 SO CALIF EDISON Oct 2-01-202-7330 Various Mfrs 37,681.06 Oct 2-01-202-7603 Various Mfrs 13,719.29 Oct 2-00-987-0775 Vail Ranch 4,580.85 Sep 2-05-791-8807 Various Mfrs 4,526.03 Oct 2-06-105-0654 Various Mtrs 2,284.32 - 62,791.55 95456 10/21/2004 004594 2 HOT ACTIVEW EAR Spits prgm prizes: Rather Be Golfing 286.73 Spits prgm prizes: SW Traders 275.80 Spits prgm prizes: Yellow Basket 275.80 Sprts prgm prizes: Pizza Factory 271.42 Spits prgm prizes: TV Sheet Metal 264.83 Sprts prgm prizes: Dr. Burke 262.64 Spits prgm prizes: Top Rock 171.90 Sprts prgm prizes: Rasmussen 170.76 Sprts prgm prizes: SW Traders 167.34 Spits prgm prizes: Filippi's Pizza 161.72 Sprts prgm prizes: Slurry Dogs 160.58 Sprts prgm prizes: Bigfoot All-Starz 95.90 Sprts prgm prizes: GreenLeaf 80.27 Sprts prgm prizes: Waxman 78.66 Sprts prgm prizes: Eagles 78.12 2,802.47 95457 10/21/2004 004973 ABACHERLI, LINDI TCSD instructor earnings 459.00 TCSD instructor earnings 155.40 614.40 95458 10/21/2004 007598 ABCO 100 Add't Insurance for Sister City Trip 17.85 17.85 95459 10/21/2004 000434 ACCELA.COM Reconfigure Scantron Machine 1,280.00 1,280.00 Page:1 apChkLst 10/2112004 11:17:45AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95460 10/21/2004 005068 ADKISSON, CANDICE Reimb for Sr Lunch prgm supplies 96.96 96.96 95461 10/21/2004 005322 ALTERNATIVES TO DOMESTIC FY 04/05 Comm Devel Block Grant 2,670.00 2,670.00 95462 10/21/2004 007996 AMERICAN WEST LANDSCAPE Sept prgss:Pechanga Pkwy Soundwall 17,953.20 17,953.20 95463 10/21/2004 000101 APPLE ONE INC. Temp help PPE 9/25 Kasparian 648.00 Temp help PPE 10/02 Kasparian 648.00 Temp help PPE 09/25 Pee 534.11 Temp help PPE 10/02 Lee 528.00 Temp help PPE 10/02 Wills 444.72 Temp help PPE 10/02 Buchanan 320.63 3,123.46 95464 10/21/2004 008062 ARROW STAFF RESOURCES, I Temp help PPE 10/10 Grove 2,789.96 2,789.96 95465 10/21/2004 003203 ARTISTIC EMBROIDERY Team pace merchandise inventory 2,743.45 2,743.45 95466 10/21/2004 008265 ASSN OF CERTIFIED FRAUD CFE Exam prep course:Brown 770.41 770.41 95467 10/21/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Hudson, Mike 18594333 45.00 Membership: Montecino, Dale 957669 44.00 89.00 95468 10/21/2004 003137 BARKERS FOOD MACHINERY S TCC Kitchen equip prev. mntc svc 302.83 CRC Kitchen equip prev. mntc svc 281.67 Sr Ctr Kitchen equip prev. mntc svc 237.00 Credit: Ovrchged TCC prev. mntc -79.00 Credit: Ovrchged TCC prev. mntc -81.16 Credit: Ovrchged Sr Ctr prev. mntc -85.00 576.34 95469 10/21/2004 002541 BECKER CONSTRUCTION SRV Prgss pmt:culvert pipe Q Vallejo/Ynez 15,000.00 15,000.00 95470 10/21/2004 006721 BOISE CASCADE OFFICE Office supplies: Copy Center 17.93 17.93 95471 10/21/2004 000128 BROWN & BROWN OF CALIF. I Insurance policy: Utility Truck 3129 939.00 939.00 95472 10/21/2004 007055 BROWN, ANNETTE TCSD instructor earnings 228.00 228.00 95473 10/21/2004 006908 C C & COMPANY INC Entertainment:Race for Cure 10/17 150.00 150.00 95474 10/21/2004 007829 C S LEGACY CONSTRUCTION I Aug Prgss Pmt:SR79S Sidewalk 9,893.25 9,893.25 Page2 apChkLst 10/21/2004 11:17:45AM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check p Date Vendor Description Amount Paid Check Total 95475 10/21/2004 000154 C S M F O Membership: Brown, Pascale 38713 100.00 Membership: Roberts, Genie 25240 100.00 Membership: Grance, Karin 21346 50.00 250.00 95476 10/21/2004 000638 CALIF DEPT OF CONSERVATIO 2004 3rd Qtr pmt:strong motion 3,770.56 3,770.56 95477 10/21/2004 004248 CALIF DEPT OF JUSTICE/ACCT Fingerprints info: Police Dept/HR 2,301.00 2,301.00 95478 10/21/2004 000152 CALIF PARKS & RECREATION S Award submittal: Recreation brochure 40.00 40.00 95479 10/21/2004 000152 CALIF PARKS & RECREATION S Award submittal: Imagination Wrkshp 40.00 40.00 95480 10/21/2004 000152 CALIF PARKS & RECREATIONS Award submittal: Agency Showcase 40.00 40.00 95481 10/21/2004 000152 CALIF PARKS & RECREATIONS Award submittal: C.Museum Brochure 40.00 40.00 95482 10/21/2004 000152 CALIF PARKS & RECREATION S Award submittal: C. Museum Video 40.00 40.00 95483 10/21/2004 000152 CALIF PARKS & RECREATION S Award submittal: Youth Development 40.00 40.00 95484 10/21/2004 000152 CALIF PARKS & RECREATION S Award submittal: C.Museum Mrkg The 40.00 40.00 95485 10/21/2004 002520 CALIF T'S SCREENPRINTING Race for Cure:Team T-shirts 420.88 420.88 95486 10/21/2004 004228 CAMERON WELDING SUPPLY Welding supplies for PW Mntc 202.67 202.67 95487 10/21/2004 006075 CAMPBELL, KENTON SCOTT TCSD instructor earnings 669.60 669.60 95488 10/21/2004 000137 CHEVRON U S A INC Police motorcycles fuel expense 697.85 City vehicles fuel expense:CM 77.89 775.74 95489 10/21/2004 007977 CHILDS, NORMA Reimb: CCAC Nuts&Bolts Tmg:10f7-8 12.75 12.75 95490 10/21/2004 008266 CHUNG, YON K Refund: Sushi Class 20.00 20.00 95491 10/21/2004 005417 CINTAS FIRST AID & SAFETY First aid supplies: Mntc Fac 116.29 First aid supplies: City Hall 84.13 200.42 95492 10/21/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 163.00 163.00 Page3 apChkLst 10/21/2004 11:17:45AM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check n Date Vendor Description Amount Paid Check Total 95493 10/21/2004 001193 COMP U S A INC Computer patch cable: IS 436.01 436.01 95494 10/21/2004 003210 DALLAS MIDWEST Display Cabinet for Sr Center 1,765.89 1,765.89 95495 10/21/2004 004450 DENNIS A HIBBERT PLUMBING Repair compressor wtr line: Sin 84 495.00 495.00 95496 10/21/2004 003945 DIAMOND ENVIRONMENTAL Riverton Prk portable restroom lease 57.48 57.48 95497 10/21/2004 002438 ENGEN CORPORATION Jun -Aug geo testing:John Warner Rd 928.75 928.75 95498 10/21/2004 002577 ENGINEERING RESOURCES Aug/Sept prgss:Pechanga storm drain 260.00 260.00 95499 10/21/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments: Spark of Love Mtg 129.30 129.30 95500 10/21/2004 000478 FAST SIGNS Marketing Banner: We Create Comm 1,027.09 1,027.09 95501 10/21/2004 000165 FEDERAL EXPRESS INC Express mail services 195.91 195.91 95502 10/21/2004 000166 FIRST AMERICAN TITLE Lot Book Reports: Bingham 150.00 Lot Book Reports: Gibbs 150.00 300.00 Page:4 apChkLst Final Check List Page: 5 10/21/2004 11:17:45AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 95503 10/21/2004 003347 FIRST BANKCARD CENTER HYATT SN Hotel:League Ann'I Cf:9/16-17 374.16 ORIENTAL TRADING COMPANY SJ Supplies for Comm Dinner 159.20 RESOURCE NETWORK, THE TT Books:Outlook 2003 Guide 127.39 FRANKLIN QUEST COMPANY I SJ Day timer supplies:City Clerk 126.41 SPRINT TT 2 Handsprg Charger/Case 107.73 AAXES.COM TT 2 TV wall mounts in black 84.91 CHILIS RESTAURANT SJ Refreshments: Interview Panel 67.08 CLAIM JUMPER RESTAURANT WH Refreshments:lnterview Panel 64.35 OFFICE DEPOT BUSINESS SVS TT 5 port switch for PD storefront 59.23 CALIF PIZZA KITCHEN TT Refreshments:Plans w/App Mtg 47.82 JOHNNY CARINO'S JM Refreshments: Interview Panel 47.00 EARTHLINK INC TT Council members internet svcs 30.59 PARKERS LIGHTHOUSE SN Meal:League Ann'I Cf:9/16-17 28.52 CALIF GRILL JM Refreshments: FirsUFront Lit Mtg 28.00 P.F. CHANG'S CHINA BISTRO I SN Meal:League Ann'I Cf:9/16-17 24.83 BARNES AND NOBLE STORE TT Book:Wireless Secrets 2423 FIVE STAR PARKING LOT JO Prkg:Auto Mall Court hearing 16.00 I C M A JO Credit:City/County Mgr Cent -14.00 1,403.45 95504 10/21/2004 001135 FIRST CARE INDUSTRIAL MED New hire physicals & drug screenings 110.00 New hire physicals & drug screenings 70.00 New hire physicals & drug screenings 50.00 230.00 95505 10/21/2004 000170 FRANKLIN QUEST COMPANY I Day timer supplies:Planning 34.44 34.44 95506 10/21/2004 004514 G T S I CORP Tablet PCs equip:Fire Dept 16,149.06 16,149.06 95507 10/21/2004 008268 GREEN, ALANE Refund: Security depst TCC 100.00 100.00 95508 10/21/2004 002104 GRILL ROOM, THE 10/14 Commission Recognition Dinner 2,871.61 2,871.61 95509 10/21/2004 005056 GUTIERREZ, BETH Reimb:Mediator Certif. Course:10/4-8 195.71 Reimbursement misc supplies 146.04 341.75 Pages apChkLst 10/21/2004 11:17:45AM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95510 10/21/2004 000186 HANKS HARDWARE INC Hardware supplies: City Hail/TCSD 195.13 Hardware supplies: Fire/Stn84 66.49 261.62 95511 10/21/2004 002372 HARMON, JUDY TCSD instructor earnings 526.40 526.40 95512 10/21/2004 005748 HODSON, CHERYL A. Support Payment 35.07 35.07 95513 10/21/2004 006492 HRUSKA, ROSEANN EE computer purchase prgm 1,193.88 1,193.88 95514 10/21/2004 000194 1 C M A RETIREMENT TRUST 45 10 M A Retirement Trust 457 Payment 7,145.79 7,145.79 95515 10/21/2004 007981 1 D EDGE INC var. hardware for rec software 9,325.99 9,325.99 95516 10/21/2004 002166 INGRAM ELECTRIC Japanese Garden lighting:duck pond 13,455.00 13,455.00 95517 10/21/2004 001351 INLAND EMPIRE TOURISM Participation in FAM tour 9/30-10/1 100.00 100.00 95518 10/21/2004 008267 INSTITUTE OF DIVINE Refund: Security Depst TCC 100.00 100.00 95519 10/21/2004 001517 INTEGRATED INSIGHTS DBA: H Oct EE Assistance Program 702.81 702.81 95520 10/21/2004 001407 INTERVALLEY POOL SUPPLY I Pool sanitizing chemicals 209.79 Pool sanitizing chemicals 178.00 387.79 95521 10/21/2004 007654 INTERACTIVE DESIGN Old Town mixed -use site studies 3,854.88 Architectural svcs: Old Twn Site 3,116.02 6,970.90 95522 10/21/2004 001186 IRWIN, JOHN TCSD instructor earnings 1,136.00 TCSD instructor earnings 100.00 1,236.00 95523 10/21/2004 008271 JAUREOUI, ESTELLE Release claim per agreement 100.00 100.00 95524 10/21/2004 008270 KB HOME Refund:Temp use print not require 1,628.00 1,628.00 95525 10/21/2004 001091 KEYSER MARSTON ASSOCIAT Sept affordable housing svcs 5,538.13 5,538.13 95526 10/21/2004 004051 L 0 R GEOTECHNICAL GROUP Sept Utilities wrk:Pechanga storm dra 3,925.00 Backfill of RCB:Pechanga stone drain 2,692.50 Add't Work:Pechanga storm drain 2,032.50 8,650.00 95527 10/21/2004 006744 LAMAR CORPORATION, THE Oct 04 billboard lease -Old Town 2,700.00 2,700.00 Pages apChkLst Final Check List Page: 7 10/21/2004 11:17:45AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 95528 10/21/2004 004412 LEANDER, KERRY D. 95529 10/21/2004 008269 LEGACYGROUP.THE 95530 10/21/2004 008257 LOYA, MARIANO (Continued) Description TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Refund: Eng Depst: PM30178 Par 2 Refund: Eng Depst: PM13889 Par 2 EE Bilingual assessment testing svcs 95531 10/21/2004 006182 M C M CONSTRUCTION, INC. Prgs Pmt 410: R.C.Bridge Widening Stop Notice: C-18 Inc 95532 10/21/2004 003782 MAIN STREET SIGNS "No trespassing' signs: PW 95533 10/21/2004 004141 MAINTEX INC 95534 10/21/2004 004068 MANALILI,AILEEN 95535 10/21/2004 006787 MANN, SILVA Custodial Supplies: CRC Custodial Supplies: City Hall Custodial Supplies: Maint Fac Custodial Supplies: TCC Custodial Supplies: CRC TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Refund:Sec. Deposit:TCC 95536 10/21/2004 001967 MANPOWER TEMPORARY SER Temp help We 10/03 Dankworth Temp help We 10/10 Oankworth 95537 10/21/2004 000220 MAURICE PRINTERS INC "High Country" printing svcs: T.Mus. 95538 10/21/2004 008262 MAWBEY, YVONNE 95539 10/21/2004 006674 MILBY. DANIELLE 95540 10/21/2004 001384 MINUTEMAN PRESS Refund: Level 3 Swim Lessons Refund:Dance-Pre Dance business cards: C. Brasga 95541 10/21/2004 000973 MIRACLE RECREATION EQUIP var parks playground equipment Amount Paid 460.00 432.00 408.00 120.00 995.00 995.00 240.00 259,693.00 -11,079.24 193.95 287.58 195.59 182.85 164.01 100.18 477.75 374.00 266.00 224.00 182.00 180.00 56.00 1wil rTr: 658.40 658.40 2,782.11 26.50 85.00 114.86 2,724.87 Check Total 1,420.00 1,990.00 240.00 248,613.76 193.95 930.21 1,759.75 100.00 1,316.80 2,782.11 26.50 85.00 114.86 2,724.87 Page:? apChkLst 10/21/2004 11:17:45AM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95542 10/21/2004 001892 MOBILE MODULAR Oct modular bldg rental: Fire SM 92 832.40 832.40 95543 10/21/2004 000727 NATIONAL FIRE PROTECTION Nat'l Fire Codes Subscrp: H. Windsor 675.00 675.00 95544 10/21/2004 002139 NORTH COUNTY TIMES Sep recruitment ads for H.R. Dept 659.60 Sep Commission vacancy/9-11 ads 342.94 Sept Constr update ads: PW 293.60 1,296.14 95545 10/21/2004 002734 P V P COMMUNICATIONS INC Helmet:motorcycle police 717.72 717.72 95546 10/21/2004 007601 PACIFIC LIGHTING SALES INC tools & equip: PW Traf Div 5,428.12 5,428.12 95547 10/21/2004 003955 PANE CONSULTING SERVICE ( Sister Cities recognition supplies 887.50 incorrect billing calculation/#1195 10.00 897.50 95548 10/21/2004 004074 PARTY CITY OF TEMECULA IN TCSD Spooktacular supplies 44.94 44.94 95549 10/21/2004 003218 PELA Sept plan check svcs: Planning 4,820.00 Sept plan check svcs: TCSD 1,610.00 6,430.00 95550 10/21/2004 001958 PERS LONG TERM CARE FROG PERS Long Term Care Payment 288.55 288.55 95551 10/21/2004 000249 PETTY CASH Petry Cash Reimbursement 470.15 Petry Cash Reimbursement 288.83 758.98 95552 10/21/2004 008264 PFISTER, DESRIE Refund: Ex-KnottsScaryFarm 35.00 35.00 95553 10/21/2004 005886 PLUMBING SPECIALISTS INC. repair water heater piping: Fire Stn 84 94.04 94.04 95554 10/21/2004 000253 POSTMASTER Express Mail & Postal Svcs 126.10 126.10 95555 10/21/2004 003697 PROJECT DESIGN CONSULTAN 7/12-8/29/04 Svcs: Murr Crk/Ovdnd 24,594.44 24,594.44 95556 10/21/2004 002012 R D O EQUIPMENT COMPANY PW back hoe maint svcs 312.17 Credit: Sales tax chrg on service call -5.81 306.36 95557 10/21/2004 004029 R J M DESIGN GROUP INC Aug dsgn svcs: W.C. Sports Complex 1,758.12 1,758.12 95558 10/21/2004 004457 R J NOBLE COMPANY Prgs Pmt #8:R.C.Widening PWO020 20,664.67 20,664.67 95559 10/21/2004 006664 R R M DESIGN GROUP Sep consulting:Citywide dsgn guidelns 3,602.88 3,602.88 Page8 apChkLst 10/21/2004 11:17:45AM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95560 10/21/2004 002612 RADIO SHACK INC misc supplies: I.S. Dept. 18.72 18.72 95561 10/21/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 20,323.99 Various Water Meters 547.69 Various Water Meters 69.05 20,940.73 95562 10/21/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 5,523.88 5,523.88 95563 10/21/2004 000947 RANCHO REPROGRAPHICS Dup blueprints: Tem. Library Project 537.44 Dup blueprints: Diaz Rd Realignment 120.01 Dup blueprints: Tem. Library Project 37.09 694.54 95564 10/21/2004 008085 RAUCH, GEORGANN Reimb:CCAC Training:10/7-8/04 12.76 12.76 95565 10/21/2004 008097 RECY-CAL SUPPLY COMPANY trash receptacle parts: TCSD 323.25 323.25 95566 10/21/2004 004584 REGENCY LIGHTING electrical supplies: C. Museum 33.94 33.94 95567 10/21/2004 007402 RICHARD BRADY & ASSOCIATE Sep dsgn svcs: Maint Fac Expan 32,195.10 32,195.10 95568 10/21/2004 000955 RIVERSIDE CO SHERIFF SW ST Concert/Greens Patrol Svcs: 9/19 773.15 773.15 95569 10/21/2004 000406 RIVERSIDE CO SHERIFFS DEP 7/22-8/18/04:law enforcement 841,724.20 7/01-7/21/04:law enforcement 613,192.78 1,454,916.98 95570 10/21/2004 007830 ROAD BUILDERS INC Prgs Pmt #3: Pechanga Pkwy Ph 2 625,882.50 625,882.50 95571 10/21/2004 001097 ROADLINE PRODUCTS INC PW stencil truck maint supplies 66.15 66.15 95572 10/21/2004 000277 S & S ARTS & CRAFTS INC TCSD Spooktacular supplies 68.93 Parent & Me program supplies 53.79 122.72 95573 10/21/2004 005227 SAN DIEGO COUNTY OF Support Pmt Case #DF099118 25.00 25.00 95574 10/21/2004 000278 SAN DIEGO UNION TRIBUNE Sep recruitment ads for H.R. Dept 548.61 548.61 95575 10/21/2004 006815 SAN DIEGO, COUNTY OF Support Pmt Account #581095025 12.50 12.50 95576 10/21/2004 008263 SAYERS, OLGA Refund:Sec. Deposit:CRC 10/17/04 100.00 100.00 Page9 apChkLst 10/21/2004 11:17:45AM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95577 10/21/2004 000645 SMART & FINAL INC Gift Giving Campaign supplies 121.30 MPSC Recreation Supplies 52.96 174.26 95578 10/21/2004 002718 SO CALIF CITY CLERKS ASSN Focused Educ. sem:10/21 210.00 210.00 95579 10/21/2004 002718 SO CALIF CITY CLERKS ASSN Focused Educ. sem:10/21:GZ/JR 140.00 140.00 95580 10/21/2004 000537 SO CALIF EDISON Sep 2-00-397-5059 Various Mtrs 7,149.27 Oct 2-25-393-4681 T.E.S. Pool 768.92 Sep 2-24-151-6582 Various Mtrs 638.01 8,556.20 95581 10/21/2004 000519 SOUTH COUNTY PEST pest control svcs: Maint Fee 40.00 40.00 95582 10/21/2004 008023 STATER BROTHERS MARKETS High Hopes program supplies 216.02 216.02 95583 10/21/2004 002366 STEAM SUPERIOR CARPET CL Floor Maint: City Facilities 600.00 600.00 95584 10/21/2004 008278 STEWART, SHIRLEY Release claims agrmnt pmt 2,950.58 2,950.58 95585 10/21/2004 000305 TARGET STORE Family Fun Nights supplies 34.89 34.89 95586 10/21/2004 006914 TEMECULA COPIERS INC. Sep copier usage chrgs:City Facilities 5,287.66 5,287.66 95587 10/21/2004 007250 TETRA TECH INC Aug dsgn svcs: Rnbw Cyn guardrail 1,422.70 1,422.70 95588 10/21/2004 007433 TOVEY SHULTZ CONSTRUCTIO Prgs pmt #7: Community Theater 357,594.41 357,594.41 95589 10/21/2004 006192 TRISTAFF GROUP Temp help We 10/03 LongrTidwell 1,097.20 Temp help We 09/19 Long/Tidwell 1,081.60 2,178.80 95590 10/21/2004 004132 TRUCK HYDRAULIC EQUIPMEN PW boom truck maint svcs 303.02 303.02 95591 10/21/2004 002702 U S POSTAL SERVICE Postage meter deposit 3,785.51 3,785.51 95592 10/21/2004 000325 UNITED WAY United Way Charities Payment 218.00 218.00 95593 10/21/2004 004504 VAIL RANCH SELF STORAGE Oct offsite storage:Rcrd Mgmt 67.00 67.00 95594 10/21/2004 006807 VANIR CONSTRUCTION Aug Constr Mgmt Svcs: Comm Theat 29,440.78 29,440.78 Page:10 apChkLst Final Check List Page: 11 10/21/2004 11:17:45AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95595 10/21/2004 003665 VARTEC SOLUTIONS INC Sep long distance phone svcs 23.44 23.44 95596 10/21/2004 004261 VERIZON Oct xxx-5072 general usage 4,130.23 Oct xxx-1941 PTA CD TTACSD 57,41 Oct xxx-3851 general usage 39.98 4,227.62 95597 10/21/2004 004848 VERIZON SELECT SERVICES I Sept long distance phone svcs 1.73 1.73 95598 10/21/2004 008260 VIAL OF LIFE PROJECT door/window decals: Paramedics 825.00 825.00 95599 10/21/2004 007695 VIDO SAMARZICH INC Prgs Pmt 41: Pablo Apis Park 191,605.50 191,605.50 95600 10/21/2004 004864 VINEYARD OF THE NEW WINE- FY 04/05 CDBG Funding 2,756.50 2,756.50 95601 10/21/2004 007732 WEIGHT WATCHERS NORTH A Refund:Sec.Deposit:Senior Ch. 100.00 100.00 95602 10/21/2004 008274 WEST, RANDY Reimb:Educ/Tech Conf:10/5-7/04 132.18 132.18 95603 10/21/2004 000341 WILLDAN ASSOCIATES INC Aug dsgn:Pechanga/Muirfield traf sgnl 12,107.50 12,107.50 95604 10/21/2004 008261 WILLIAMS, LAURA Refund:Sec. Deposit:CRC 10/16/04 100.00 100.00 95605 10/21/2004 001544 YEAGER SKANSKA INC Prgs pmt #5: Pechanga Pkwy ph 2 161,202.02 161,202.02 95606 10/21/2004 003776 ZOLL MEDICAL CORPORATION Manual defibrillators:Paramedios 36,195.89 36,195.89 Grand total for UNION BANK OF CALIFORNIA: 3,754,329.86 Page:11 apChkLst Final Check List Page: 1 10/28/2004 11:26:59AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 400 10/21/2004 007659 FIRST AMERICAN TITLE Winchester Easement:apn 909-282-01 60,993.45 60,993.45 95607 10/26/2004 008164 SUN CITY GRANITE INC Engraved pavers: Veteran's Memorial 15,846.30 Engraved pavers: Veteran's Memorial 6,154.92 Deposit for pavers -3,535.00 18,466.22 95608 10/2a/2004 008142 A B C BOUNCE COMPANY Halloween carnival jumper 174.00 174.00 95609 10/28/2004 004148 AT&T Oct Long distance svcs: P.D. 119.26 119.26 95610 10/28/2004 000434 ACCELA.COM 25 Permits Office user licenses 573.49 573.49 95611 10/28/2004 004064 ADELPHIA Oct/Nov high speed internet svcs 40.95 40.95 95612 10/28/2004 003821 ALLSTAR FIRE EQUIPMENT Thermal imager w/video ovday: Fire 16,124.79 16,124.79 95613 10/28/2004 000936 AMERICAN RED CROSS Lifeguard training supplies:Aquatics 88.00 88.00 95614 10/28/2004 008291 ANGUTANO, CAROL - Refund: Belly Dancing 30.00 30.00 95615 10/28/2004 000101 APPLE ONE INC. Temp help PPE 10/9 Wills 697.60 Temp help PPE 10/9 Buchanan 540.00 1,237.60 95616 10/28/2004 008062 ARROW STAFF RESOURCES, I Temp help PPE 10/17 Heer 756.67 756.67 95617 10/28/2004 003203 ARTISTIC EMBROIDERY Planning Dept embroidered shirts 162.70 EE Recognition: Leah Thomas 38.25 200.95 95618 10/28/2004 008265 ASSN OF CERTIFIED FRAUD CFE Exam Prep course:Brown 1,038.94 1,038.94 95619 10/28/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Flint Norman PW 54.00 Membership: Dino Camberos TCSD 54.00 108.00 95620 10/28/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Tom Cole 93773232 45.00 Membership: Jim Smith 67481325 45.00 90.00 95621 10/28/2004 002541 BECKER CONSTRUCTION SRV Replace Ynez(Vallejo culvert pipe 22,500.00 22,500.00 95622 10/28/2004 004778 BERRYMAN & HENIGAR INC Aug/Oct B&S Inspector:Grance 14,536.88 14,536.88 95623 10/28/2004 004262 BIO-TOX LABORATORIES Oct DUI Drug & Alcohol Screening 454.51 Oct DUI Drug & Alcohol Screening 393.03 847.54 95624 10/28/2004 006721 BOISE CASCADE OFFICE TCSD City Hall desk top 168.15 168.15 95626 10/28/2004 004176 BROADWING Sept/Oct Lg distance & internet svcs 1,775.02 1,775.02 95627 10/28/2004 002208 BUSINESS PRESS, THE Business Press subscription:CM 108.00 108.00 95626 10/28/2004 006908 C C & COMPANY INC TCC Pumpkin Carving Event 100.00 TCC Pumpkin Carving Event 100.00 200.00 95629 10/28/2004 005384 CALIF BAGEL BAKERY & DELI Refreshments: Council closed session 181.02 181.02 Page:1 apChkLst 10/28/2004 11:26:59AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95630 10/28/2004 000901 CALIF PARKS & RECREATION S Aging Mini-Conf:11/4-7:Adkisson 175.00 175.00 95631 10/28/2004 007185 CALIF STATE UNIVERSITY 2004 PTS sem:Pino:11f7-10/04 200.00 200.00 95632 10/28/2004 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 41.93 41.93 95633 10/28/2004 004971 CANON FINANCIAL SERVICES, Nov copiers lease: City hall 7,623.85 Nov copier lease: Stn 73 & CRC 328.63 - Nov copier lease: Stn 12 76.96 Reverse late chrgs per Canon -7.00 Reverse late chrgs per Canon -693.07 7,329.37 95634 10/28/2004 004381 CENTER FOR HEALTHCARE ACLS certification renewal: Medics 25.00 25.00 95635 10/26/2004 001193 COMP U S A INC Computer supplies:lnfo System 323.89 Computer supplies:lnfo System 78.64 402.53 95636 10/28/2004 002945 CONSOLIDATED ELECTRICAL repair 10" round pull box:City park 21.55 21.55 95637 10/28/2004 002631 COUNTS UNLIMITED INC Citywide traffic count collection svcs 135.00 135.00 95638 10/28/2004 003986 COZAD & FOX INC Sept surveying: Temecula Library 4,400.00 Sept wtrline design:T. Library 2,532.00 6,932.00 95639 10/28/2004 006954 CRAFTSMEN PLUMBING & HVA Plumbing repairs @ C.Museum 105.00 105.00 95640 10/28/2004 008098 CREATIVE COMMUNITY Invitations for Veteran's Memorial 1,498.85 1,498.85 95641 10/28/2004 004123 D L PHARES & ASSOCIATES Nov police storefront lease & CAM 2,086.14 2,086.14 95642 10/28/2004 004569 DAVID TAUSSIG & ASSOCIATE Special tax consulting:Roripaugh CFD 5,237.90 5,237.90 95643 10/28/2004 002990 DAVID TURCH & ASSOCIATES Nov 04 Federal lobbyist svcs 3,000.00 3,000.00 95644 10/28/2004 008289 DAVIS, MELISSA Refund: Tiny Tots -Terrific 3's 59.00 59.00 95645 10/28/2004 003945 DIAMOND ENVIRONMENTAL Vail Ranch Prk portable restroom 57.48 Lg Cyn Prk portable restroom rental 57.48 Veterans Prk portable restroom rental 57.48 172.44 95646 10/28/2004 000684 DIEHL EVANS & COMPANY LLP FY 03104 Audit svcs: Citywide 7,500.00 7,500.00 95647 10/28/2004 008229 DIGITAL COMBUSTION INC Fire studio software tmg: Sms 650.42 650.42 95648 10/28/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 874.71 Fuel for city vehicles:PW mntc 679-03 1,553.74 95649 10/28/2004 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 350.07 350.07 95650 10/28/2004 003223 EDAW INC Biological study:Lg Cyn Basin 2,686.00 Sept Environ Plan:R.Calif Bridge 560.00 3,246.00 95651 10/28/2004 002939 ENVIRONMENTAL SYSTEMS R GIS staff Training:K.Beal:10/18-20 1,275.00 1,275.00 95652 10/28/2004 000164 ESGIL CORPORATION Sept plan check svcs 6,901.18 6,901.18 Page2 apChkLst Final Check List Page: 3 10/28/2004 11:26:59AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95653 10/28/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments:6/21 Museum mtg 53.88 53.88 95654 10/28/2004 001056 EXCEL LANDSCAPE Sept Idscp mntc: Sports Parks 32,219.00 Sept Idscp mntc: South Slopes 25,731.00 Sept Idscp mntc: North slopes 22,173.00 Sept Idscp mntc: Medians 6,924.00 Sept Idscp mntc: City's Fee 6,686.00 Sept Idscp impr:Ynez Rd Solana 375.56 Sept Idscp impr:Pavillion Point 106.54 Sept Idscp impr: Slope Area 72.00 94,287.10 95655 10/28/2004 008288 FALKNER, TRINA Refund: Picnic Shelter deposit 15.00 15.00 95656 10/28/2004 000165 FEDERAL EXPRESS INC Express mail services 70.39 70.39 95657 10/28/2004 000166 FIRST AMERICAN TITLE Lot book reprt: Fredrickson 75.00 Lot book reprt: Betancourt 75.00 Lot book reprt: Scott 75.00 Lot book reprt: Walker 75.00 Lot book reprt: Redfield 75.00 Lot book reprt: Legg 75.00 450.00 95658 10/28/2004 005270 FLAGS UNLIMITED INC US Flags for Veterans Memorial Event 227.50 227.50 95659 10/28/2004 000170 FRANKLIN QUEST COMPANY 1 Day timer supplies - Finance 317.81 317.81 95660 10/28/2004 008290 FRITZ, JERRYE Refund: Practical Yoga 57.00 57.00 95661 10/28/2004 007866 VZ G C'S'SUPPLIES INC Printer toner supplies: Citywide 972.00 Printer toner supplies: Citywide 784.75 Printer toner supplies: Citywide 738.01 Printer toner supplies: Citywide 455.98 Printer toner supplies: Citywide 447.07 Printer toner supplies: Citywide 371.61 Printer toner supplies: Citywide 357.21 Printer toner supplies: Citywide 104.99 4,231.62 95662 10/28/2004 007279 GAIL MATERIALS INC N/S fields materials for warning track 2,048.60 2,048.60 95663 10/28/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prev 62.81 62.81 95664 10/28/2004 003792 GRAINGER Cabinets for Sin 84 Paramedics 1,008.54 1,008.54 95665 10/28/2004 002174 GROUP 1 PRODUCTIONS Children's Museum Video Production 2,000.00 2,000.00 95666 10/28/2004 005209 GUZON, SUSAN Refund: Security deposit CRC 100.00 100.00 95667 10/28/2004 006581 HULING, HARRIET Refund: Practical Yoga 57.00 57.00 95668 10/28/2004 001123 INDUSTRIAL DISTRIBUTION GR Misc. tools & supplies:PW mntc crew 553.48 Misc tools & supplies:PW mntc crew 321.05 Misc. tools & supplies:PW mntc crew 127.54 1,002.07 Page3 apChkLst Final Check List Page: 4 10/28/2004 11:26:59AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95669 10/28/2004 002166 INGRAM ELECTRIC Repair electrical problem in planning 110.00 110.00 95670 10/28/2004 002424 KELLEY DISPLAY INC Holiday banner cleaning svcs 338.02 Credit: Incorrectly calculated invoice -10.00 328.02 95671 10/28/2004 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 854.40 TCSD instructor earnings 783.20 TCSD instructor earnings 712.00 TCSD instructor earnings 569.60 TCSD instructor earnings 427.20 TCSD instructor earnings 427.20 TCSD instructor earnings 427.20 TCSD instructor earnings 356.00 TCSD instructor earnings 308.54 TCSD instructor earnings 284.80 TCSD instructor earnings 213.60 TCSD instructor earnings 142.40 5,506.14 95672 10/28/2004 007321 KOPP, JON R. (RANDY) Old Town rod run sound sys rental 600.00 600.00 95673 10/28/2004 008287 LANDRY, DONNA Refund: Picnic Shelter rental Temeku 30.00 30.00 95674 10/28/2004 004312 LENNAR COMMUNTIES Refund: Devel CFD03-1 Deposit 120,000.00 120,000.00 95675 10/28/2004 004905 LIEBERT, CASSIDY & W HITMOR Sept HR legal svcs for TE060400000 984.00 984.00 95676 10/28/2004 004141 MAINTEX INC Custodial Supplies: Parks 267.33 Custodial Supplies: Maint Fac 25.30 Custodial Supplies: TCC 25.30 317.93 95677 10/28/2004 004929 MARK FISHER COMPANY, THE update ad, CD & color proof 80.00 80.00 95678 10/28/2004 001256 MARRIOTT HOTEL Ht1:OTS Sem:1117-10/04:85727986 360.36 360.36 95679 10/28/2004 007210 MIDORI GARDENS Oct Idsc mntc svcs:Neighborhood Pks 30,000.00 30,000.00 95680 10/28/2004 001384 MINUTEMAN PRESS 3000 Correction Notice forms:B&S Dp 375.24 Letterhead for HR Dept 167.44 Stationery for Planning Dept 39.21 581.89 95681 10/28/2004 000883 MONTELEONE EXCAVATING Remove 15 end-dumps/debris:Stam 3,100.00 Grading dirt roads: Svc Level "R" Area' 960.00 4,060.00 95682 10/28/2004 000230 MUNIFINANCIAL Oct -Dec Assessment Eng Svcs 4,801.62 4,801.62 95683 10/28/2004 008283 MURPHY, HEATHER Refund:Tiny Tots:Terdfic 3's 59.00 59.00 95684 10/28/2004 006255 NAT'L ASSN OF SCHOOL membership dues: D. Shetler 24827 30.00 30.00 95685 10/28/2004 000727 NATIONAL FIRE PROTECTION Nat'l Fire Codes Subscrp: H. Windsor 727.32 727.32 95686 10/28/2004 000233 NELSON, SHAW N Reimb:lnt'I Mgmt Assn Cf:10/17-20/04 46.77 46.77 95687 10/28/2004 003382 O'GRADY, JAMES B. Reimb:ICMA Conf:10/17-20/04 65.57 65.57 Page:4 apChkLst Final Check List Page: 5 10/28/2004 11:26:59AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 95688 10/28/2004 002100 OBJECT RADIANCE INC TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instmctor Earnings 95689 10/28/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs 95690 10/28/2004 001171 ORIENTAL TRADING COMPANY CRC Tiny Tots program supplies 95691 10/28/2004 003955 PANE CONSULTING SERVICE ( Globe w/base & box::Sister City City Logo Bags:TCSD/Sister Cities 95692 10/28/2004 000249 PETTY CASH Petty Cash Reimbursement 95693 10/28/2004 002354 POSITIVE PROMOTIONS 2005 Think Safety Pocket Calendars 95694 10/28/2004 000254 PRESS ENTERPRISE COMPAN Sep recruitment ads for H. R. Dept 95695 10/28/2004 008282 RAMIREZ, ERIKA Reimb:Gift Giving Campaign 95696 10/28/2004 000262 RANCHO CALIF WATER DIST Various Water Meters Oct 01-04-47210-0 T.E.S. Pool Oct 01-23-01075-1 Crowns Hill Oct 01-02-98010-0 Fire Stn 84 Oct 01-04-10033-2 Marg. Rd Oct 01-02-98000-0 Fire Stn 84 95697 10/28/2004 003591 RENES COMMERCIAL MANAGE debris/trash removal:City R-O-W's 95698 10/28/2004 002110 RENTAL SERVICE CORPORATI small equip repair/maint: PW Maint small equip repair/maint: PW Maint small equip repair/maint: PW Maint 95699 10/28/2004 004498 REPUBLIC ELECTRIC On -Call Traffic Signal Maint Svcs 95700 10/28/2004 002412 RICHARDS WATSON & Aug 2004 legal services 95701 10/28/2004 001592 RIVERSIDE CO INFO Sep emerg. radio rentals: Police 95702 10/28/2004 000406 RIVERSIDE CO SHERIFFS DEP 05/27-06/30/04:law enforcement 95703 10/28/2004 001365 RIVERSIDE COUNTY OF 95704 10/28/2004 000271 ROBERT BEIN W M FROST & A 95705 10/28/2004 002226 RUSSO, MARY ANNE 95706 10/28/2004 000277 S & S ARTS & CRAFTS INC renew permit: Paloma del Sol Prk renew permit: Rancho Vista Snack Ba Aug dsgn svcs: Veteran's Memorial TCSD Instructor Earnings TCSD Instructor Earnings Parent & Me prgm supplies Amount Paid 668.80 418.00 230.40 228.00 91.20 381.95 171.71 23.71 139.89 2,109.10 509.18 377.81 366.95 2,897.11 442.47 27,669.75 1,222.84 971.08 487.54 197.66 12.73 5,000.00 223.68 15.07 14.10 13,997.81 94,969.12 1,312.96 1,076,958.61 89.00 89.00 541.26 832.00 808.00 204.56 Check Total 1,636.40 577.37 139.89 2,618.28 377.81 366.95 2,897.11 442.47 30,561.60 5,000.00 252.85 13,997.81 94,969.12 1,312.96 1,076,958.61 178.00 541.26 1,640.00 204.56 Pages apChkLst Final Check List Page: 6 10/28/2004 11:26:59AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95707 10/28/2004 000722 S. CALF ASSN CODE 2005 membership dues: M.Parker 50.00 2005 membership dues: J. Voshall 50.00 2005 membership dues: J. Grove 50.00 2005 membership dues: T. Cole 50.00 2005 membership dues: M. Ching 50.00 250.00 95708 10/28/2004 000537 SO CALIF EDISON Oct 2-02-351-4946 Sr Center 1,266.68 Oct 2-18-937-3152 T. Museum 804.52 Oct 2-23-365-5992 Fire Stn 92 425.90 Oct 2-22-891-0550 Various Mfrs 275.03 Oct 2-11-007-0455 6th Street 266.21 Oct 2-20-817-9929 P.D. O.T.Stn 252.84 Oct 2-21-911-7892 O.T. Prk Lot 141.09 Oct 2-21-981-4720 Hwy 79 S 64.25 Oct 2-19-171-8568 Wedding Chpl 59.68 Oct 2-14-204-1615 Front St 31.81 3,588.01 95709 10/28/2004 001212 SO CALIF GAS COMPANY Oct var City Facilities gas meters 2,260.80 Oct 095-167-7907-2 Fire Stn 84 151.02 2,411.82 95710 10/28/2004 008094 SOURCE GRAPHICS Plotter for public works 6,512.25 6,512.25 95711 10/28/2004 000519 SOUTH COUNTY PEST pest control svcs: Fire Sin 92 42.00 42.00 95712 10/28/2004 005786 SPRINT 9/15-10/14/04 City cellular chrgs 977.11 Credit rec'd from Sprint-)=-1579 193.94 Credit rec'd from Sprint-�-7869 161.61 Oct Acct Level Chrgs 36.59 1,369.25 95714 10/28/2004 004420 STATE COMP INSURANCE FUN FY 03104 audit w/o payment 2,129.28 2,129.28 95715 10/28/2004 007670 STUDIO'C' TCSD Instructor Earnings 472.50 472.50 95716 10/28/2004 000515 TEMECULA VALLEY CHAMBER Jul-Dec'04 Funding 74,000.00 74,000.00 95717 10/28/2004 008284 TEMECULA VALLEY CHARTER Refund:Sec. Deposit:TCC 150.00 150.00 95718 10/28/2004 003862 THYSSENKRUPP ELEVATOR. Oct -Dec elev.inspecttmntc svcs:City f 946.13 946.13 95719 10/28/2004 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 48.00 48.00 95720 10/28/2004 005873 TRI AD ACTUARIES INC Oct Administration Fees 365.50 365.50 95721 10/28/2004 006192 TRISTAFF GROUP Temp help We 09/26 Long?idwell 1,222.00 1,222.00 95722 10/28/2004 007118 U S TELPACIFIC CORPORATIO Oct Internet IP Addresses Block 539.75 539.75 95723 10/28/2004 004981 UNISOURCE SCREENING & 10/1-15/04 bckgmd screening svc 269.00 269.00 PageB apChkLst Final Check List Page: 7 10/28/2004 11:26:59AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 95724 10/28/2004 004261 VERIZON Oct xxx-0074 general usage 253.27 Oct xxx-0073 general usage 223.72 Oct xxx-1473 P.D. O.T. Sin 104.03 Oct xxx-3526 fire alarm 84.65 Oct xxx-3564 alarm 56.43 Oct xxx-5473 T.E.S. Pool 36.96 Oct xxx-8573 general usage 30.64 Oct xxx-3923 Stone 28.26 Oct xxx-2676 general usage 28.22 846.18 95725 10/28/2004 004789 VERIZON INTERNET SOLUTION Oct Internet svcs:P.D. O.T. Stn 42.35 42.35 95726 10/28/2004 006612 WEATHERPROOFING TECH, I Roof Prev Maint Svc: CRC 3,970.00 Roof prev maint svc: City Hall 2,700.00 Roof prev maint svc: Senior Center 1,080.00 Roof prev maint svc: Maint Fac 720.00 8,470.00 95727 10/28/2004 000621 WESTERN RIVERSIDE COUNC Cleanest CoNJest Campaign 5,000.00 5,000.00 95728 10/28/2004 007891 YANCOVICH, JAN MARIE Refund:Kids Luv TotSoccer/3.5-4y 75.00 75.00 95729 10/28/2004 003776 ZOLL MEDICAL CORPORATION Paramedic's medical supplies 703.75 703.75 Grand total for UNION BANK OF CALIFORNIA: 1,808,060.81 Page:7 ITEM 3 APPROVAL p CITY ATTORNEYr DIRECTOR OF FII Ejnnae CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 9, 2004 SUBJECT: City Treasurer's Report as of September 30, 2004 PREPARED BY: Karin Grance, Revenue Manage Shannon Domenigoni, Accountann RECOMMENDATION: That the City Council receive and file the City Treasurer's Reportas of September 30, 2004. DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of September 30, 2004. FISCAL IMPACT: None Attachments: City Treasurer's Report as of September 30, 2004 City of Temecula City Treasurer's Report As of September 30, 2004 Cash Activity for the Month of September: Cash and Investments as of September 1, 2004 Cash Receipts Cash Disbursements Cash and Investments as of September 30, 2004 Cash and Investments Type of Investment Institution Yield General Checking Union Bank n/a Flex Benefit Demand Deposits Union Bank n/a Checking Account - Parking Citations Union Bank n/a Local Agency Investment Fund State Treasurer-LAIF 1.771 % Certificate of Deposit - Retention Escrow Community National Bank n/a Petty Casb City Hall n/a Federal Agency- Callable Federal Home Loan Bank 1.885 % Federal Agency- Callable Federal Home Loan Bank 2.500 % Federal Agency- Callable Federal Home Loan Bank - BDS 3.000 % Federal Agency- Callable Federal Home Loan Bank - BDS 3.000 % Federal Agency- Callable Federal Home Loan Bank 3.000 % Federal Agency- Callable Federal Home Loan Bank - BDS 3.070 % Federal Agency- Callable Federal Home Loan Bank - BDS 3.100 % Federal Agency- Callable Federal Home Loan Bank - BDS 3.125 % Federal Agency- Callable Federal Home Loan Bank - BDS 3.150 % Federal Agency- Callable Federal Home Loan Bank - BDS 3.520 % Federal Agency- Callable Federal Home Loan Bank - BDS 3.810 % Federal Agency- Callable Federal Home Loan Bank 2.250 % Federal Agency- Callable Federal Home Loan Mortgage Co 2.000 % Bond Fond - CFD 88-12 U.S. Bank (First Am Treasury) 1.060 (Money Market Account) Delinquency Maintenance Account-CFD 88-12 CDC Funding Corp 5.430% (Investment Agreement) Delinquency Maintenance Account - CFD 88-12 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Reserve Fund -CFD 88-12 CDC Funding Corp 5.430% (Investment Agreement) Reserve Account - CFD 88-12 U.S. Bank (First Am Treasury) 1.070 % (Money Markel Account) Improvement Fund - CFD 01-2 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Special Tax Fund - CFD 01-2 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Admin Expense Fund - CFD 01-2 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Variable Bond Fund - CFD 01-2 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Interest Differential Fund - CFD 01-2 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) City Improvement Fund - CFD 03-1 U.S. Bank (First Am Treasury) 1,070 % (Money Market Account) City Improvement Fund - CFD 03-1 State Treasurer-LAIF 1.771 % (Local Agency Investment Fund) Cal Trans Improvement Fund - CFD 03-1 U.S. Bank (Fast Am Treasury) 1.070 % (Money Market Account) Cal Trans Improvement Fund - CFD 03-1 State Treasurer-LAIF 1.771 % (Local Agency Investment Fund) Acquisition Account Fund - CFD 03-1 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Acquisition Account Fund -CFD 03-1 State Treasurer-LAIF 1.771 % (Local Agency Investment Fund) Special Tax Fund - CFD 03-1 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Capital Interest Fund - CFD 03-1 U.S. Bank (First Am Treasury) 1.080 % (Money Market Account) Reserve Fund - CFD 03-1 Aig Match Fed Corp Ref 4.830 % Pane t Maturity/ Purchase Termination Market Date Date Value $ 128,642,683 11,737,442 (10,559,269) $ 129,820,856 Par/Book Balance 9 9/30/04 3,435,785 (1) 8,611 (1) 4,159 56,168,911 (2) $ 1,500 6262003 1232006 991,560 987,500 7/162003 8/142006 1,988,760 1,975,620 4/72004 1/72008 2,898,288 2,852,893 4222004 1222008 1,980, 620 1,951,260 3292004 12282007 3,962,520 3,907,520 4/152004 1 /152008 1,984,380 1,956,880 4/82004 1/82008 3,029,992 2,988,053 4/162004 1/162008 994,060 980,000 4/142004 1/142008 994,690 980,940 4/302004 1/302008 2,001,880 1,983,760 5/132004 2/132008 1,001,880 999,690 6262003 7242006 990,630 983,750 6/62003 6/302006 987,750 979,800 30 9/12017 500,000 492,023 9/12017 1,531,469 42,520 3,544,596 605,379 696,988 7,556 131,498 170,315 1,230,603 1,117 1,006,643 1,330 1,287,764 18,517 32 863,900 City of Temecula City Treasurer's Report As of September 30, 2004 (Investment Agreetneat) City Improvement Fund - CFD 03-3 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) City Improvement Fund - CFD 03-3 State Treasurer-LAIF 1.771 % (Local Agency Investment Fund) EMWD Improvement Fund - CFD 03-3 U.S. Bank (First Am Treasury) 1.070 % (Money Maria Account) EMWD Improvement Fund -CFD 03-3 Slate Treasurer-LAIF 1.771 % (Local Agency Investment Fund) Acquisition Account Fund - CFD 03-3 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Acquisition Account Fund -CFD 03-3 State Treasurer-LAIF 1.771 % (Local Agency Investment Fund) Capital lntcrost Fund - CFD 03-3 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Reserve Fund - CFD 03-3 Cdc Funding Corp 3.000 % (Investment Agreement) Reserve Fund - CFD 03-3 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Cost of Issuance Fund - CFD 03-3 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) City Improvement Fund - CFD 03-06 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Capital Interest Fund - CFD 03-06 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Reserve Fund - CFD 03-06 U.S. Bank (First Am Treasury) 1.070 % (Money Marko Account) Cost of Issuance Fund - CFD 03-06 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Improvement Fund - AD 03-04 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Redemption Fund - AD 03-04 U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Admin Expense Fund - AD 03A U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Reserve Fund - AD 03-04 U.S. Bank (Fist Am Treasury) 1.070 % (Money Marko Account) Project Account -RDA TABS U.S. Bank (First Am Treasury) 1.070 % (Money Market Account) Project Account-RDATABs State Treasurer-LAIF 1.771 % (Local Agency Investment Fund) Interest Account - RDA TABS U.S. Bank (First Am Treasury) 1.060 % (Money Marko Account) Reserve Account -RDATABs U.S. Bank (First Am Treasury) n/a (Suroy Bond) Project Fund - TCSD COPS U.S. Bank (First Am Treasury) 1.070 % (Money Marko Account) Project Fund -TCSD COPS State Treasurer-LAIF 1.771 % (Local Agency Investment Fund) Installment Payment Fund - TCSD COPS U.S. Bank (First Am Treasury) 1.070 % (Money Marko Account) (I) -Ms amount is net of outstanding checks. (2)-At September 30, 2004 total market value (including accrued interest) for the Local Agency Investment Fund (LAIn was $50,847,546,099, The City's proportianate share of that value is $56,097,960. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. 1,240 7,428,961 2,954 3,642,112 9,956 9,950,878 4,485 2,171,120 11,567 90,141 3,825,457 245,009 337,875 64,531 17,910 6,315 15,076 99,976 601 3,437,258 81 1 9,529 2,806,184 362,727 $ 129 820,956 Page 2 ITEM 4 APPROVALp4 ) CITY ATTORNEY ZlJ [� DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 9, 2004 SUBJECT: Liability Insurance Renewal PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: 1) Approve the City of Temecula Liability Insurance Policy Renewal with Clarendon America Insurance Company/Arch Specialty Insurance Company, in the amount of $274,063 for general and excess liability insurance for the period of December 1, 2004, through December 1, 2005. DISCUSSION: In preparation for the City's Liability Insurance Policy renewal with Clarendon America Insurance Company/Arch Specialty Insurance Company expiring on December 1, 2004, staff requested that the City's insurance broker, Cal-Surance/Brown and Brown of California, Inc., market the City's general liability insurance. In response to this request, Cal-Surance/Brown and Brown obtained several proposals from the following companies in the amounts listed below. These premiums have been quoted with a minimum self -insured retention (SIR) of $150K and range up to $250K. The Insurance Company of the State of Pennsylvania and Great Lakes Reinsurance (UK) were unwilling to provide quotes with self -insured retentions under $250,000. 150K SIR 200K SIR 250K SIR Clarendon America Insurance Company/Arch Specialty Insurance Company General Liability $5mil/Excess Liability $5mil: 10Mi1 $274,063 Genesis Insurance Company General Liability $5mil $340,000 $281,000 $250,000 Munich Reinsurance Group (Great Lakes Reinsurance (UK)) General Liability $10mil Not Quoted Not Quoted $305,546 American International Group Companies, AIG (Insurance Company at the State of Pennsylvania) General Liability $10mil Not Quoted Not Quoted $247,000 FINANCE/PAPAGG/INSURANCE/RENEWA 03.ANG Clarendon America Insurance Company, the City's insurance carrier for the current year, has an "A-" rating with a financial size category of X. Arch Specialty Insurance Company has an "A-" rating with a financial size category ofXlll. This proposal by Clarendon America Insurance Company/Arch Specialty Insurance Company is coverage for $10 million per occurrence and $10 million aggregate for a fixed premium of $274,063. The total liability premium of $274,063 is broken down between general liability ($208,515) and excess liability ($65,548). This proposal covers the entire year, regardless of changes in the City's operating status. Considering the Citys increasing exposure associated with growth and increased activities, staff recommends that the City accept the Clarendon America Insurance Company/Arch Specialty Insurance Company proposal. The below schedule of past years' general and excess liability insurance premiums are provided for your review: 1993 1994 1995 1996 1997 1998 1999 Premium $103,000 $98,633 $90,966 $92,205 $92,761 $71,283 $72,750 Policy Limits $5 Mil $5 Mil $5 Mil $10 Mil $15 Mil $20 Mil $20 Mil 2000 2001 2002 2003 2004 Premium $102,999 $140,291 $268,217 $ 279,984 $274,063 Policy Limits $20 Mil $15 Mil $10 Mil $ 10 Mil $10 Mil The above premium history shows a tightening liability insurance marketplace following a very favorable period between the years 1996 to 1999. However, the current premium in comparison with premiums paid in 1993 to 1995 is still competitive, when taking into consideration the policy limit of $5 million versus the current policy limit of $10 million and the City's growth. This amount is $23,937 under the Fiscal Year budgeted amount and is a decrease of 2.1 % from last year's premium. Based on the information provided herein, staff recommends that the City renew general liability coverage with Clarendon America Insurance Company/Arch Specialty Insurance Company for coverage, from December 1, 2004, through December 1, 2005, for an annual premium of $274,063 with a self -insured retention of $150,000. The self -insured retention of $150,000 is at the same level as last year and is the lowest available to the City. FISCAL IMPACT: Sufficient funds have been budgeted in the Fiscal Year 04-05 Insurance Fund. Attachment: Clarendon America Insurance Company/Arch Specialty Insurance Company Proposal FINANCE/PAPACG/INSURANCE/RMN A 03.ANG CLARENDON AMERICA INSURANCE COMPANY/ ARCH SPECIALTY INSURANCE COMPANY TERM: December 1, 2004 - December 1, 2005 FORMAT: Occurrence NAMED INSURED: City of Temecula Temecula Community Services District Redevelopment Agency of the City of Temecula Winchester Hills Financing Authority Temecula Public Facilities Financing Corporation Temecula Public Financing Authority SELF -INSURED RETENTION (SIR) $ 150,000 TOTAL LIMITS/COVERAGE $ 10,000,000 CLARENDON AMERICAN INSURANCE MUNICIPAL GENERAL LIABILITY $ 208,515 PUBLIC OFFICIAL'S ERRORS & OMISSIONS INCLUDED MUNICIPAL AUTOMOBILE LIABILITY INCLUDED EMPLOYMENT PRACTICES LIABILITY INCLUDED $5,000,000 Occurrence or Wrongful Act or Combination of Both $5,000,000 Aggregate for Personal Injury, Products/Completed Operations Hazard and Public Officials' Errors and Omissions Combined ARCH SPECIALTY INSURANCE COMPANY EXCESS FOLLOWING FORM OVER (GENERAL LIABILITY, ERRORS & OMISSIONS, AND AUTOMOBILE) $5,000,000 Occurrence/Aggregate 65,548 TOTAL COMBINED ANNUAL PREMIUM COST FINANCE/PAPAGG/INSURANCE/RENENA 03.ANG ITEM 5 CITYATTORNEY--Lff-CA�L-- DIRECTOR OF FINANCE JV— CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: "illiam G. Hughes, Director of Public Works/City Engineer DATE: November 9, 2004 SUBJECT: Authorize Temporary Street Closures for Annual Holiday Parade on December 10, 2004, and Delegate Authority to issue Special Events/Street Closures Permit to the Director of Public Works/City Engineer PREPARED BY: Ronald J. Parks, Deputy Director of Public Works ,Steve Charette, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2004_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR TEMECULA'S ANNUAL HOLIDAY PARADE ON DECEMBER 10, 2004, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. BACKGROUND: A temporary street closure on Jefferson Avenue between Rancho California Road and Overland Drive is necessary to protect participants and viewers at the Temecula Annual Holiday Parade for a period of a few hours beginning at approximately 6:00 PM on Friday, December 10, 2004. The parade route will be on Jefferson Avenue between Del Rio Road and Overland Drive. However, the portion of Jefferson Avenue between Rancho California Road and Del Rio Road will also be closed to allow for controlled VIP parking. Other streets will also require temporary street closure to facilitate staging and de -staging. These streets include Del Rio Road, Calle Cortez, Las Haciendas Street, Commerce Center Drive, Via Montezuma between Jefferson Avenue and Diaz Road including the low flow crossing through Murrieta Creek, and Overland Drive west of Jefferson Avenue. The roads will re -open shortly after the parade is over with the signal timing re-established. This would minimize traffic effects. Under Vehicle 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 R1AGENDA REPORTS\2004\110904\Annual Holiday Parade 2004.Street Closure.doc necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public rights -of -way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authority to temporarily close streets for these special events. The subject resolution delegates the authority to approve temporary street closures for the Temecula Community Services Department sponsored 'Temecula Annual Holiday Parade" to the Director of Public Works/City Engineer. All other special events requiring temporary street closures, construction -related closures, etc, shall remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the City Maintenance Department, are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2004- 2. Parade Route and Limits of Road Closure RAAGENDA REPORTS\2004\110904\Annual Holiday Parade 2004.Street Closure.doc RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR TEMECULA'S ANNUAL HOLIDAY PARADE ON DECEMBER 10, 2004, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. THE CITY COUNCIL OF THE CITYOF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The California State Vehicle Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, The City of Temecula sponsors the annual "Temecula's Annual Holiday Parade", for which such temporary street closures promote the safety and protection of persons using or proposing to use that street or streets for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for this annual "Temecula's Annual Holiday Parade' on Friday, December 10, 2004;and NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve temporary street closures including Jefferson Avenue from Rancho California Road to Overland Drive, Del Rio Road, Calle Cortez, Las Haciendas Street, Commerce Center Drive, Via Montezuma between Jefferson Avenue and Diaz Road including the low flow crossing through Murrieta Creek, and Overland Drive west of Jefferson Avenue on Friday, December 10, 2004 beginning at 6:00 PM for the annual "Temecula's Annual Holiday Parade', and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works/City Engineer to permit temporary street closures as stated above for the annual "Temecula's Annual Holiday Parade' on Friday, December 10, 2004, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of November, 2004. ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor RAGENDA REPORTS\2004\110904\Annual Holiday Parade 2004.Street Closure.doc [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 9th day of November, 2004, by the following vote: AYES: 0 COUNCILMEMBERS NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:\AGENDA REPORTS\2004\110904\Annual Holiday Parade 2004.Street Closure.doc ITEM 6 APPROVAL CITY ATTORNEY �A 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: November 9, 2004 SUBJECT: Santa Gertrudis Valley — Harveston/Date Street Storm Drain, Stage 2 Project No. 7-0-0189, Tract Map No. 29639-2 - Cooperative Agreement PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer RECOMMENDATION: That the City Council: Approve Santa Gertrudis Valley— Harveston/Date Street Storm Drain, Stage 2 Project No. 7-0-0189, Tract Map No. 29639-2 — Cooperative Agreement with Riverside County Flood Control and Water Conservation District, Harveston LLC and City of Temecula. Approve Subdivision Improvement Agreement and accept the Faithful Performance Bond in the amount of $601,002 (six hundred and one thousand and two dollars) and Labor and Materials Bond in the amount of $601,002 (six hundred and one thousand and two dollars) as security for the agreement. 3. Authorize the execution of such agreements in their final form by the Mayor, City Attorney, and City Clerk. BACKGROUND: Tract Map No. 29639-2 is located north of Interstate 15, east of Margarita Road, south of Harveston Way and Lakeview Road, a portion of the Harveston Development. As a condition of approval, the developer must construct certain flood control storm drain facilities in order to provide flood protection for this planned development. The required facilities to be constructed include approximately 1820 lineal feet of underground concrete pipe and an outlet structure as shown on Exhibit "A". Pursuant to the Cooperative Agreement, the developer will construct said facilities, and the County Flood Control District will assume ownership and maintenance responsibility of mainline storm drain improvements excluding all associated catch basins and connector pipes. Furthermore, in accordance with the cooperative agreement, County Flood Control District will review and approve all construction plans associated with the storm drain improvements, inspect the construction of the project (County and City Inspectors will have indirect contact with the contractor via District Inspectors), and accept ownership and responsibility for the operation and maintenance of Harveston/Date Street Storm Drain, Stage 2 and the outlet structure after construction. Participation by the City includes the review and approval of plans and specifications prepared by the Developer, granting permission to the County Flood Control District to inspect, operate and R WGENDA REPORTS\2004\110904\TR29619-25tD WP.AGR.doc maintain within City rights of way the Harveston/Date Street Storm Drain, Stage 2,and acceptance of the operation and maintenance of all inlets and connector pipes located within City rights of way. The City will accept and hold Faithful Performance Bond and Labor & Materials Bond for the storm drain improvements. Following City Council adoption of the Cooperative Agreement, it will be sent to the County Flood Control District and County of Riverside Board of Supervisors for their approval. FISCAL IMPACT: None Attachments: 1. Location Map (Exhibit "A") 2. Cooperative Agreement (5 copies) R\AGENDA REPORTS\2004\110904\TR29639-25tD WP.AGR.&o VICINITY MAP NOT TO SCALE �yiva wm t um m. ua. uma e.o. m. gar im T m. msa-a yr EXHIBIT "A" 88444.2 1 AGREEMENT 2 (Santa Gertrudis Valley — Harveston Date Street Storm Drain) 3 (Tract No. 29639-2) 4 5 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER 6 CONSERVATION DISTRICT, hereinafter called "DISTRICT", the CITY OF TEMECULA, 7 hereinafter called "CITY", and HARVESTON, LLC a Delaware limited liability company, 8 hereinafter called "DEVELOPER", hereby agree as follows: 9 10 RECITALS 11 A. DEVELOPER has submitted for approval Tract No. 29639-2 in the City of 12 Temecula and, as a condition for approval, DEVELOPER must construct certain storm drain 13 facilities in order to provide flood protection and drainage for DEVELOPER'S planned 14 15 development; and 16 B. The required flood control facilities include approximately 1,820 lineal feet 17 of underground concrete pipe and an outlet structure, hereinafter called "PROJECT", as shown in 18 concept in red on Exhibit "A", attached hereto and made a part hereof. 19 C. DEVELOPER previously constructed, and CITY inspected approximately 20 425 lineal feet of underground concrete pipe, hereinafter called "STAGE I", as shown in concept 21 in green on Exhibit "A". 22 D. Associated with the construction of PROJECT and STAGE 1, is the 23 24 construction of certain catch basins, connector pipes and laterals, hereinafter called 25 "APPURTENANCES", located within CITY held easements or rights of way; and 26 E. DEVELOPER and CITY desire DISTRICT to accept ownership and 27 responsibility for the operation and maintenance of PROJECT and STAGE 1; therefore, 28 DISTRICT must review and approve DEVELOPER'S PROJECT plans and specifications and -1- 88444.2 1 subsequently inspect PROJECT construction. Additionally, CITY is willing to furnish 2 DISTRICT with the appropriate engineering documentation, as set forth herein, demonstrating 3 that STAGE 1 was constructed in accordance with DISTRICT and CITY standards; and 4 F. DEVELOPER and DISTRICT desire CITY to accept ownership and 5 6 responsibility for the operation and maintenance of APPURTENANCES, therefore, CITY must 7 review and approve DEVELOPER'S plans and specifications and subsequently inspect the 8 construction of APPURTENANCES; and 9 G. DISTRICT is willing to (i) review and approve DEVELOPER'S plans and 10 specifications for PROJECT and APPURTENANCES, (ii) inspect the construction of 11 PROJECT, and (iii) accept ownership and responsibility for the operation and maintenance of 12 PROJECT and STAGE 1, provided that DEVELOPER (i) complies with this Agreement, (ii) 13 pays DISTRICT the amount specified herein to cover DISTRICT'S plan review and construction 14 15 inspection costs for PROJECT, (iii) pays DISTRICT the amount specified herein to cover 16 DISTRICT'S estimated cost to operate and maintain PROJECT for a period of ten (10) years 17 commencing upon DISTRICT'S acceptance of PROJECT as complete for ownership, operation 18 and maintenance, (iv) constructs PROJECT in accordance with plans and specifications 19 approved by DISTRICT, (v) conveys to DISTRICT all rights of way necessary for the operation 20 and maintenance of PROJECT and STAGE 1, (vi) accepts ownership and sole responsibility for 21 the operation and maintenance of PROJECT, STAGE 1 and APPURTENANCES following 22 23 completion of PROJECT construction until such time as DISTRICT accepts ownership and 24 responsibility for the operation and maintenance of PROJECT and STAGE 1 and CITY accepts 25 ownership and responsibility for the operation and maintenance of APPURTENANCES as set 26 forth herein, and (vii) obtains all necessary regulatory permits as set forth herein; and 27 H. CITY is willing to (i) review and approve DEVELOPER'S plans and 28 specifications for PROJECT and APPURTENANCES, (ii) accept and hold faithful performance -2- 884442 1 and payment bonds submitted by DEVELOPER for PROJECT construction as set forth herein 2 (iii) inspect the construction of APPURTENANCES, (iv) grant DISTRICT the rights necessary 3 to operate and maintain PROJECT and STAGE 1 within CITY rights of way, (v) furnish 4 DISTRICT with appropriate engineering documentation showing that STAGE 1 has been 5 6 constructed in accordance with CITY and DISTRICT standards and (vi) accept ownership and 7 responsibility for the operation and maintenance of APPURTENANCES as set forth herein. 8 NOW, THEREFORE, the parties hereto mutually agree as follows: 9 SECTION I 10 DEVELOPER shall: 11 1. Prepare plans and specifications for PROJECT and APPURTENANCES, 12 hereinafter called "IMPROVEMENT PLANS", in accordance with DISTRICT and CITY 13 14 standards, and submit to DISTRICT for its review and approval. 15 2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic 16 billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by 17 DISTRICT to cover DISTRICT'S costs associated with the review of IMPROVEMENT PLANS, 18 the review and approval of right of way and conveyance documents and with the processing and 19 administration of this Agreement. 20 3. Deposit with DISTRICT (Attention: Business Office — Accounts 21 Receivable), at the time of providing written notice to DISTRICT of the start of PROJECT 22 23 construction as set forth in Section I.10. the estimated cost of providing construction inspection 24 for PROJECT, in an amount as determined and approved by DISTRICT in accordance with 25 Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments thereto, 26 based upon the bonded value of PROJECT. 27 4. Pay DISTRICT, at the time of providing written notice to DISTRICT of the 28 start of PROJECT construction as set forth in Section I.10. the one time cash sum of $36,854.00 -3- 88444.2 1 (thirty-six thousand eight hundred fifty-four dollars), the amount agreed upon to cover 2 DISTRICT'S estimated cost to operate and maintain PROJECT for a period of ten (10) years 3 (Zone 7 Maintenance Trust Fund) commencing upon DISTRICT'S acceptance of PROJECT as 4 complete for ownership, operation and maintenance. 5 6 5. Secure, at its sole cost and expense, all necessary licenses, agreements, 7 permits and rights of entry as may be needed for the construction, inspection, operation and g maintenance of PROJECT. DEVELOPER shall furnish DISTRICT, at the time of providing 9 written notice to DISTRICT of the start of construction as set forth in Section I.10. or not less 10 than twenty (20) days prior to recordation of the final maps for Tract No. 29639-2 or any phase 11 thereof, whichever occurs first, with sufficient evidence of DEVELOPER having secured such 12 necessary licenses, agreements, permits and rights of entry, as determined and approved by 13 DISTRICT. 14 15 6. Furnish DISTRICT with copies of all permits, approvals or agreements 16 required by any Federal or State resource and/or regulatory agency pertaining to the construction, 17 operation and maintenance of PROJECT and any amendments thereto. Such documents include 18 but are not limited to those issued by the U.S. Army Corps of Engineers, California Regional 19 Water Quality Control Board, California Department of Fish and Game, and State Water 20 Resources Control Board. 21 7. Provide CITY, at the time of providing written notice to DISTRICT of the 22 23 start of construction as set forth in Section I.10. or not less than twenty (20) days prior to 24 recordation of the final map for Tract No. 29639-2, whichever occurs first, with faithful 25 performance and payment bonds, each in the amount of 100% of the estimated cost for 26 construction of PROJECT as determined by DISTRICT. The surety, amount and form of the 27 bonds shall be subject to the approval of DISTRICT and CITY. The bonds shall remain in full 28 force and effect until PROJECT is accepted by DISTRICT as complete; at which time the bond -4- 88444.2 1 amount may be reduced 10% for a period of one year to guarantee against any defective work, 2 labor or materials. 3 8. Obtain and provide DISTRICT, at the time of providing written notification 4 to DISTRICT of the start of construction as set forth in Section I.10. herein, or not less than 5 6 twenty (20) days prior to the recordation of the final maps for Tract No. 29639-2 or any phase 7 thereof, whichever occurs first, with duly executed Irrevocable Offer(s) of Dedication to the g public for flood control purposes and drainage purposes, including ingress and egress, for the 9 rights of way deemed necessary by DISTRICT for the construction, inspection, operation and 10 maintenance of PROJECT as shown in concept cross -hatched in red and cross -hatched in blue on 11 Exhibit "B", attached hereto and made a part hereof. The Irrevocable Offer(s) of Dedication 12 shall be in a form approved by DISTRICT and shall be executed by all legal and equitable 13 owners described in the offer. 14 15 9. Furnish DISTRICT, when submitting the Irrevocable Offer(s) of Dedication 16 as set forth in Section I.B., with Preliminary Reports on Title dated not more than thirty (30) days 17 prior to date of submission for all the property described in the Irrevocable Offer(s) of 18 Dedication. 19 10. Notify DISTRICT in writing (Attention — Administrative Services), at least 20 twenty (20) days prior to the start of construction of PROJECT. Construction shall not begin on 21 any element of PROJECT, for any reason whatsoever, until DISTRICT has issued to 22 23 DEVELOPER a written Notice to Proceed authorizing DEVELOPER to initiate construction. 24 11. Grant DISTRICT, by execution of this Agreement, the right to enter upon 25 DEVELOPER'S property where necessary and convenient for the purpose of gaining access to, 26 and performing inspection service for, the construction of PROJECT as set forth herein. 27 12. Furnish DISTRICT, at the time of providing written notice to DISTRICT of 28 the start of construction as set forth in Section I.10. with a complete list of all contractors and -5- 88444.2 1 subcontractors to be performing work on PROJECT, including the corresponding license number 2 and license classification of each. At such time, DEVELOPER shall further identify in writing 3 its designated superintendent for PROJECT construction. 4 13. Furnish DISTRICT, at the time of providing written notice to DISTRICT of 5 the start of construction as set forth in Section I.10. a construction schedule which shall show the 6 7 order and dates in which DEVELOPER or DEVELOPER'S contractor proposes to carry on the 8 various parts of work, including estimated start and completion dates. As the construction 9 progresses, DEVELOPER shall update said construction schedule as requested by DISTRICT. 10 14. Furnish DISTRICT with the final mylar IMPROVEMENT PLANS and 11 assign their ownership to DISTRICT prior to the start of PROJECT construction. 12 15. Not permit any change to or modification of the IMPROVEMENT PLANS 13 without the prior written permission and consent of DISTRICT. 14 15 16. Comply with all Cal/OSHA safety regulations including regulations 16 concerning confined space and maintain a safe working environment for DEVELOPER and 17 DISTRICT employees on the site. 18 17. Furnish DISTRICT, at time of providing written notice to DISTRICT of the 19 start of construction as set forth in Section I.10. a confined space procedure specific to 20 PROJECT. The procedure shall comply with requirements contained in California Code of 21 Regulations, Title 8 Section 5158, Other Confined Space Operations, Section 5157, Permit 22 Required Confined Space and DISTRICT Confined Space Procedures, SOM-18. The procedure 23 24 shall be reviewed and approved by DISTRICT prior to the issuance of a Notice to Proceed. 25 18. During the construction period, provide Workers' Compensation Insurance 26 in an amount required by law. A certificate of said insurance policy shall be provided to 27 DISTRICT and CITY at the time of providing written notice pursuant to Section I.10. 28 -6- 88444.2 1 19. Commencing on the date notice is given pursuant to Section I.10. and 2 continuing until DISTRICT accepts PROJECT as complete for ownership, operation and 3 maintenance: 4 (a) Provide and maintain or cause its contractor(s) to provide and 5 maintain comprehensive liability insurance coverage which shall 6 7 protect DEVELOPER from claim from damages for personal injury, 8 including accidental and wrongful death, as well as from claims for 9 property damage which may arise from DEVELOPER'S 10 construction of PROJECT or the performance of its obligations 11 hereunder, whether such construction or performance be by 12 DEVELOPER, by any of its contractors, subcontractors, or by 13 anyone employed directly or indirectly by any of them. Such 14 insurance shall name DISTRICT and CITY as additional insureds 15 16 with respect to this Agreement and the obligations of DEVELOPER 17 hereunder. Such insurance shall provide for limits of not less than 18 two million dollars ($2,000,000) per occurrence. 19 (b) Cause its insurance carrier(s) or its contractor's insurance carrier(s), 20 who shall be authorized by the California Department of Insurance 21 to transact the business of insurance in the State of California, to 22 furnish DISTRICT and CITY at the time of providing written notice 23 to DISTRICT of the start of construction as set forth in Section 1.10. 24 25 with certificate(s) of insurance and applicable policy endorsements 26 showing that such insurance is in full force and effect and that 27 DISTRICT and CITY are named as additional insureds with respect 28 to this Agreement and the obligations of DEVELOPER hereunder. -7- 88444.2 1 Further, said certificate(s) shall state that the issuing company shall 2 give DISTRICT and CITY sixty (60) days written notice in the 3 event of any cancellation, termination, non -renewal or reduction in 4 coverage of the policies evidenced by the certificate(s). In the event 5 of any such cancellation, termination, non -renewal or reduction in 6 7 coverage, DEVELOPER shall, forthwith, secure replacement 8 insurance meeting the provisions of this paragraph. 9 Failure to maintain the insurance required by this paragraph shall be 10 deemed a material breach of this Agreement and shall authorize and constitute authority for 11 DISTRICT, at its sole discretion, to proceed to perform the remaining work pursuant to Section 12 IV.3. 13 20. Construct, or cause to be constructed, PROJECT and APPURTENANCES 14 15 at DEVELOPER'S sole cost and expense in accordance with DISTRICT and CITY approved 16 IMPROVEMENT PLANS. 17 21. Upon completion of construction of PROJECT, but prior to DISTRICT 18 acceptance of PROJECT for ownership, operation and maintenance, convey, or cause to be 19 conveyed to DISTRICT flood control easement(s) including ingress and egress, in a form 20 approved by DISTRICT, to the rights of way as shown in concept and cross -hatched in blue on 21 Exhibit "B". 22 22. At the'time of recordation of the conveyancing documents(s) as set forth in 23 24 Section I.21. furnish DISTRICT with policies of title insurance, each in the amount of not less 25 than fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each parcel 26 to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said property as being free 27 and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded or 28 unrecorded), and except those which, in the sole discretion of DISTRICT, are acceptable. -8- 88444.2 1 23. Within two weeks of completing PROJECT construction, provide 2 DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT 3 construction is substantially complete and requesting that DISTRICT conduct a final inspection 4 of PROJECT. 5 6 24. Accept ownership and sole responsibility for the operation and maintenance 7 of PROJECT, until such time as DISTRICT accepts ownership and responsibility for operation 8 and maintenance of PROJECT and CITY accepts ownership and responsibility for 9 APPURTENANCES. Further, it is mutually understood by the parties hereto that prior to 10 DISTRICT acceptance of ownership and responsibility for the operation and maintenance of 11 PROJECT as set forth herein, PROJECT and APPURTENANCES shall be in a satisfactorily 12 maintained condition as solely determined by DISTRICT. 13 25. Upon completion of PROJECT construction, but prior to DISTRICT 14 15 acceptance of PROJECT for ownership, operation and maintenance, DEVELOPER'S civil 16 engineer of record or construction civil engineer of record, duly registered in the State of 17 California, shall provide DISTRICT a redlined "as -built" copy of IMPROVEMENT PLANS, 18 including the STAGE 1 segment. After DISTRICT approval of the redlined "as -built" drawings, 19 DEVELOPER'S engineer shall schedule with DISTRICT a time to transfer the redlined changes 20 onto DISTRICT'S original mylars at DISTRICT'S office, after which the engineer shall review, 21 stamp and sign PROJECT plans "AS -BUILT". 22 26. Pay, if suit is brought upon this Agreement or any bond guaranteeing the 23 24 completion of PROJECT, all costs and reasonable expenses and fees, including reasonable 25 attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees 26 shall be computed as costs and included in any judgment rendered. 27 28 -9- 2 3 4 5 6 71 8 9 10 11 12 191 14 15 16 17 18 19 20 041 22 23 24 25 26 27 SECTION II DISTRICT shall: 88444.2 1. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER prior to the start of PROJECT construction. 2. Provide CITY an opportunity to review and approve IMPROVEMENT PLANS prior to DISTRICT'S final approval. 3. Upon execution of this Agreement, record or cause to be recorded, a copy of this Agreement in the Official Records of the Riverside County Recorder. 4. Record, or cause to be recorded, the Irrevocable Offer(s) of Dedication provided by DEVELOPER pursuant to Section I.8. 5. Inspect PROJECT construction. 6. Keep an accurate accounting of all DISTRICT costs associated with the review and approval of IMPROVEMENT PLANS, the review and approval of rights of way and conveyance documents and in processing and administration of this Agreement. 7. Keep an accurate accounting of all DISTRICT construction inspection costs, and within forty-five (45) days after DISTRICT acceptance of PROJECT as being complete, submit a final cost statement to DEVELOPER. If the deposit, as set forth in Section I.3. exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) days after DISTRICT acceptance of PROJECT as being complete. If at any time the costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit, DEVELOPER shall pay such additional amount(s), as deemed reasonably necessary by DISTRICT to complete the inspection of PROJECT, within thirty (30) days after receipt of billing from DISTRICT. 8. Accept ownership and responsibility for the operation and maintenance of II PROJECT upon (i) DISTRICT acceptance of PROJECT construction as complete and (ii) 28 recordation of the necessary conveyance documents described in Section I.21. -10- 88444.2 1 9. Accept ownership and responsibility for the operation and maintenance of 2 STAGE 1 upon (i) DISTRICT acceptance of PROJECT for operation and maintenance and (ii) 3 receipt from CITY of all appropriate engineering documentation including soil compaction 4 reports, pipe certifications showing STAGE 1 has been constructed in conformance with CITY 5 and DISTRICT standards. 6 7 10. Grant CITY, by execution of this Agreement, the right to construct, inspect, 8 operate and maintain APPURTENANCES within DISTRICT rights of way. 9 SECTION III 10 CITY shall: 11 1. Review and approve IMPROVEMENT PLANS prior to the start of 12 PROJECT construction. 13 2. Accept the CITY and DISTRICT approved faithful performance and 14 15 payment bonds submitted by DEVELOPER as set forth in Section I.7. and hold said bonds as 16 Provided herein. 17 3. Consent, by execution of this Agreement, to the recording of any 18 Irrevocable Offer(s) of Dedication furnished by DEVELOPER pursuant to this Agreement. 19 4. As requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication 20 as set forth herein, and any other outstanding offers of dedication necessary for the construction, 21 inspection, operation and maintenance of PROJECT, and convey sufficient rights of way to 22 DISTRICT to allow DISTRICT to construct, inspect, operate and maintain PROJECT. 23 24 5. Grant DISTRICT, by execution of this Agreement, the right to construct, 25 inspect, operate and maintain PROJECT within CITY rights of way. 26 6. Provide DISTRICT with appropriate engineering documentation in the form 27 of soil compaction reports, pipe certifications and "as -built" drawings demonstrating that 28 STAGE 1 was constructed in accordance with CITY approved plans and specifications. -11- 88444.2 1 7. Upon DISTRICT acceptance of PROJECT as being complete, accept 2 ownership and sole responsibility for the operation and maintenance of APPURTENANCES. 3 SECTION IV 4 It is further mutually agreed: 5 6 1. All work involved with PROJECT shall be inspected by DISTRICT and 7 shall not be deemed complete until approved and accepted in writing as complete by DISTRICT. 8 2. CITY and DEVELOPER personnel may observe and inspect all work being 9 done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be solely 10 responsible for all quality control communications with the DEVELOPER'S contractor(s) during 11 the construction of PROJECT. 12 3. DEVELOPER shall complete construction of PROJECT within twelve (12) 13 consecutive months after execution of this Agreement and within forty-five (45) consecutive 14 15 calendar days after commencing work on PROJECT. It is expressly understood that since time is 16 of the essence in this Agreement, failure of DEVELOPER to perform the work within the agreed 17 upon time shall constitute authority for DISTRICT to perform the remaining work and require 18 DEVELOPER'S surety to pay to CITY the penal sum of any and all bonds. In which case, CITY 19 shall subsequently reimburse DISTRICT for DISTRICT costs incurred. 20 4. DISTRICT shall endeavor to issue DEVELOPER a Notice to Proceed 21 within twenty (20) days of receipt of DEVELOPER'S complete written notice as set forth in 22 Section I.10.; however, DISTRICT'S construction inspection staff is limited and, therefore, the 23 24 issuance of a Notice to Proceed is subject to staff availability. 25 In the event DEVELOPER wishes to expedite issuance of a Notice to 26 Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at 27 DEVELOPER'S sole cost and expense. DEVELOPER shall furnish appropriate documentation 28 of the individual's credentials and experience to DISTRICT for review and, if appropriate, -12- 88444.2 1 approval. DISTRICT shall review the individual's qualifications and experience and, upon 2 approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be 3 authorized to act on DISTRICT'S behalf on all PROJECT construction and quality control 4 matters. If DEVELOPER'S initial construction inspection deposit furnished pursuant to Section 5 6 1.3. exceeds five thousand dollars ($5,000.00), DISTRICT shall refund to DEVELOPER up to 7 eighty percent (80%) of DEVELOPER'S initial inspection deposit within forty-five (45) days of 8 DISTRICT'S approval of DEPUTY INSPECTOR; however, a minimum balance of five 9 thousand dollars ($5,000.00) shall be retained on account. 10 5. DEVELOPER and DISTRICT, knowingly and voluntarily, waive the 11 provisions of Government Code Section 65913.8, relating to fees and charges. Such waiver is 12 accomplished with the understanding that DISTRICT is voluntarily undertaking the obligation to 13 accept ownership and responsibility for the operation and maintenance of PROJECT, and 14 15 DEVELOPER is not required by DISTRICT to enter into this Agreement. 16 6. PROJECT construction work shall be on a five (5) day, forty (40) hour 17 work week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless 18 otherwise approved in writing by DISTRICT. If DEVELOPER feels it is necessary to work 19 more than the normal forty (40) hour work week or on holidays, DEVELOPER shall make a 20 written request for permission from DISTRICT to work the additional hours. The request shall 21 be submitted to DISTRICT at least 72 hours prior to the requested additional work hours and 22 23 state the reasons for the overtime and the specific time frames required. The decision of granting 24 permission for overtime work shall be made by DISTRICT at its sole discretion and shall be 25 final. If permission is granted by DISTRICT, DEVELOPER will be charged the cost incurred at 26 the overtime rates for additional inspection time required in connection with the overtime work 27 in accordance with Ordinance Nos. 671 and 749, including any amendments thereto, of the 28 County of Riverside. -13- 8W4.2 1 7. In the event that any claim or legal action is brought against DISTRICT or 2 CITY in connection with this Agreement because of the actual or alleged acts or omissions by 3 DEVELOPER, including but not limited to design, construction or failure of PROJECT, 4 DEVELOPER shall defend, indemnify and hold DISTRICT and CITY harmless therefrom, 5 6 without cost to DISTRICT or CITY. Upon DEVELOPER'S failure to do so, DISTRICT and 7 CITY shall be entitled to recover from DEVELOPER all of their cost and expenses, including, 8 but not limited to, reasonable attorneys' fees. 9 8. DEVELOPER shall defend, indemnify and hold DISTRICT and CITY, 10 their respective officers, agents, employees and independent contractors free and harmless from 11 any claim or legal action whatsoever, based or asserted, pursuant to Article I, Section 19 of the 12 California Constitution, the Fifth Amendment of the United States Constitution, or any other law 13 or ordinance which seeks to impose any other liability or damage caused by the diversion of the 14 15 waters from the natural drainage patterns, save and except claims and litigation arising through 16 the negligence or willful misconduct of DISTRICT or CITY, which claims shall be shared by the 17 parties on a pro rata basis based on their respective responsibilities. DEVELOPER shall defend 18 DISTRICT and CITY without cost to DISTRICT or CITY, and upon DEVELOPER'S failure to 19 do so, DISTRICT and CITY shall be entitled to recover from DEVELOPER all of their costs and 20 expenditures, including, but not limited to, reasonable attorneys' fees. 21 9. DEVELOPER for itself, its successors and assigns hereby releases 22 DISTRICT and CITY, their respective officers, agents, and employees from any and all claims, 23 24 demands, actions, or suits of any kind arising out of any liability, known or unknown, present or 25 future, including, but not limited to any claim or liability, based or asserted, pursuant to Article I, 26 Section 19 of the California Constitution, the Fifth Amendment of the United States 27 Constitution, or any other law or ordinance which seeks to impose any other liability or damage, 28 whatsoever, for damage caused by the discharge of drainage within or from PROJECT. Nothing -14- 88444.2 1 contained herein shall constitute a release by DEVELOPER of DISTRICT or CITY, their 2 officers, agents and employees from any and all claims, demands, actions or suits of any kind 3 arisingout of an liability, known or unknown y ty, ,present or future, for the negligent maintenance 4 of PROJECT and APPURTENANCES, after the acceptance of PROJECT and 5 APPURTENANCES by DISTRICT and CITY. 6 7 10. Any waiver by DISTRICT or by CITY of any breach of any one or more of 8 the terms of this Agreement shall not be construed to be a waiver of any subsequent or other 9 breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to 10 require exact, full and complete compliance with any terms of this Agreement shall not be 11 construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from 12 enforcement hereof. 13 11. If any provision in this Agreement (with the exception of Section IV.5.) is 14 15 held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining 16 provisions will nevertheless continue in full force without being impaired or invalidated in any 17 way. Should it be held by a court of competent jurisdiction that any portion of Section IV.S. is 18 invalid, void, or unenforceable, the provisions of Government Code 65913.8(b) shall apply. It 19 shall, therefore, be determined that this fee is extended for a period of ten years, commencing 20 upon DISTRICT'S acceptance of PROJECT for ownership, operation and maintenance. 21 12. This Agreement is to be construed in accordance with the laws of the State 22 of California. 23 24 13. Any and all notices sent or required to be sent to the parties of this 25 26 27 28 -15- 884442 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement will be mailed by first class mail, postage prepaid, to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 Market Street Riverside, CA 92501 HARVESTON,LLC 391 N. Main Street, Suite 301 Corona, CA 92880 Attn: Lynette M. Doss CITY OF TEMECULA Post Office Box Box 9033 Temecula, CA 92589-9033 Attn: William G. Hughes 14. 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 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 CITY. 15. This Agreement is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form. 16. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees. 17. DEVELOPER shall not assign or otherwise transfer any of its rights, duties or obligations hereunder to any person or entity without the written consent of the other parties hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties contained in this Agreement. 18. The individuals executing this Agreement on behalf of DEVELOPER hereby certify that they have the authority within their respective companies to enter into and -16- 88444.2 1 execute this Agreement, and have been authorized to do so by any and all boards of directors, 2 legal counsel, and or any other board, committee or other entity within their respective 3 companies which have the authority to authorize or deny entering this Agreement. 4 19. This Agreement is intended by the parties hereto as a final expression of 5 6 their understanding with respect to the subject matter hereof and as a complete and exclusive 7 statement of the terms and conditions thereof and supersedes any and all prior and 8 contemporaneous agreements and understandings, oral or written, in connection therewith. This 9 Agreement may be changed or modified only upon the written consent of the parties hereto. 10 H 11 �� 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17- 88444.2 1 2 3 4 41 G-1 7 8 9 10 11 12 13 IC! 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on (to be filled in by Clerk to the Board) RECOMMENDED FOR APPROVAL: By WARREN D. WILLIAMS General Manager -Chief Engineer APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By �--asp. � .�t�•-oc=��.� LEE A. VINOCOUR Deputy County Counsel Dated C�1 L� (O\k RECOMMENDED FOR APPROVAL: By WILLIAM G. HUGHES Director of Public Works APPROVED AS TO FORM: By PETER M.THORSON City Attorney Cooperative Agreement: Tract No. 29639-2 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By JAMES A. VENABLE, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: NANCY ROMERO Clerk to the Board By Deputy (SEAL) CITY OF TEMECULA By MICHAEL S. NAGGAR Mayor ATTEST: By SUSAN W. JONES, CMC/AAE City Clerk (SEAL) -18- 884442 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cooperative Agreement: Tract No. 29639-2 MHW:AAM:mcv 09/27/2004 HARVESTON,LLC a Delaware limited liability company By: LENNAR HOMES OF CALIFORNIA, INC. a California corporation Its administrative mem By THOMASBANKS Vice President (NOTARY) -19- VICINITY MAP NOT TO SCALE EXHIBIT "A" II I I II I I II i/ '- --WASS'I GR DING PLANS - STORM DRAIN AND X ACCESS ROAD EASEMENT PER TRACT 29639-2 DATE STREET EXHIBIT "B" 1 OF 3 EXHIBIT "B" 2OF3 EXHIBIT "B" 3 OF 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside I ss. On before me, Julie Chrisman, Notary Public Date' Name and Title of Officer (e.g.. "Jane Doe. Notary Public') personally appeared Tom Banks JULIE CHRISMAN Commission • 1328288 3 Notary Public - CelHomla 2 RWOMIdS County &MVComm.Excha0ct21. 20D5 Place Notary Seal Above "personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person($) whose name(6) is/a(rk subscribed to the within instrument and acknowledged to me that he/sftkll executed the same in his/0$00*r authorized capacity(M), and that by hisMe4lt hk signature(Q on the instrument the person(;), or the entity upon behalf of which the person(/ acted, executed the instrument. my Wrio and official seal. Notary Public Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed Signer's Name: ❑ Individual by Signer ❑ Corporate Officer — TT Ks): ❑ Partner —❑limi [I General ❑ Attorney in8acf ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1999 National Nola, Association • 9350 De Soto Ave., P.O. Box 2A02 • Cfiatawort, CA 91313 24M • w ratloralnwlaq ong Prod No, 507 Redder: Call Tall -Free 1 B00.876 27 ITEM 7 APPROVAL CITY ATTORNEY L DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: all Manager/City Council FROM: V�1 l illiam G. Hughes, Director of Public Works/City Engineer DATE: November 9, 2004 SUBJECT: Cooperative Agreement with Caltrans for the Relinquishment of State Route 79 PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: Review and approve the attached Cooperative Agreement between the City of Temecula and Caltrans specifying the terms and conditions of transferring the responsibility of the Temecula portion of State Route 79 from Caltrans to the City of Temecula and authorize the Mayor to execute the agreement. 2. Adopt a resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COOPERATIVE AGREEMENT (NO. 8- 1258) BETWEEN THE CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO ACCEPT RELINQUISHMENT OF THOSE SEGMENTS OF WINCHESTER ROAD (SR 79N) AND STATE ROUTE 79 SOUTH (SR 79S) EXTENDING FROM 1-15 TO THE APPROXIMATE CITY LIMITS BACKGROUND: State Route 79 (SR 79) is designated as a state highway and has been under the jurisdiction of Caltrans for decades. Beginning at its junction with Interstate 8 in rural San Diego County, the highway winds its way through approximately 107 miles of both rural and developed areas, ending at 1-10 in Beaumont. This route includes a 3.95-mile segment of State Route 79 South (SR 79S) that extends in a northwesterly direction from the Temecula city limits to 1-15, and a 2.32-mile segment of Winchester Road (SR 79N) that continues from 1-15 in a northeasterly direction to the Temecula city limits. Because SR 79 is part of the State's highway system, all proposed improvements must comply with Caltrans standards and always results in prolonged review and approval processes. With regards to Temecula's portion of SR 79, such processes have often delayed the City's efforts to process street widenings; aesthetically enhance the facilities with landscaping, raised medians, and pedestrian improvements; install, repair and regulate the timing of traffic signals; and review and approve new development projects. As a result, the City has determined that the residents R:\agd rpt\04\1109\CaltransCoopAgrmt.. SR79Relinquishm ent and motorists of Temecula would be much better served if these segments of SR 79 functioned as local thoroughfares rather than State controlled highways. On November 12, 2002, the City Council approved Resolution No. 02-108 declaring its interest to assume jurisdiction of the Temecula portions of State Route 79 from Caltrans and requesting that our local legislative representative introduce a bill to the State Legislature for the relinquishment of said highway. On January 27, 2003, Senate Bill 87 (SB 87) was introduced by Senator Dennis Hollingsworth to amend Section 379 of the Streets and Highways Code, which included enabling legislation for the relinquishment and delegated approval authority to the California Transportation Commission (CTC). On September 10, 2003, SB 87 was approved by the Legislature and forwarded to enrollment for the Governor's signature. However, on September 11, 2003, Senator Hollingsworth withdrew SB 87 from enrollment and rescinded the Senate's approval, due to concerns expressed by several landowners in the area. As a result, SB 87 did not go into effect, as expected, on January 1, 2004. Upon clarification of the relinquishment process, on September 22, 2003, Senator Hollingsworth submitted SB 87 to the Assembly Rules Committee with certain amendments regarding future traffic studies and the addition of an "urgency clause." On January 8, 2004, the Assembly Rules Committee authorized the amendments and SB 87 was forwarded back to the Assembly. The bill passed in the Assembly on August 12, 2004 and was forwarded to the Senate floor. The Senate concurred with the Assembly on August 17, 2004, and the bill was subsequently enrolled on August 23, 2004. Ordinarily, legislation would not become effective until January 1 or July 1 of the year following adoption. However, the "urgency" designation provided for the legislation to become effective immediately upon signature by Governor Schwarzenegger. On September 9, 2004, the Governor signed SB 87 and the bill was chaptered into law as Chapter 386 of the Statutes of 2004. The attached Cooperative Agreement has been prepared by Caltrans. Upon approval by the City Council, the Agreement will be forwarded to the California Transportation Commission (CTC) for final consideration and execution of the provisions of the Agreement. Caltrans' relinquishment and the City's obligation shall become effective following recordation of the certified copy of the CTC's Resolution of Relinquishment by the County Recorder's office. Below are the target milestones that have been established with Caltrans staff: Summary of Senate Bill 87 (SB 87) and State Route 79 Relinquishment Milestones: Milestone Month Sen. Hollingsworth Submits SB 87 Amendments to Rules Committee Rules Committee Approves/Forwards SB 87 to Assembly Assembly Approves Amendments to SB 87 Senate Concurs with Assembly; SB 87 forwarded to Enrollment Governor Signs Senate Bill 87 Council Reviews/Adopts Resolution for Relinquishment Agreement City Resolution and Executed Agreement forwarded to Caltrans CTC Consideration and Approval of Agreement (Anticipated) State Route 79 Right -of -Way Transferred to City September 2003 January 2004 August 2004 August 2004 September 2004 November 2004 November 2004 January 2005 March/April 2005 R:\agdrpt\04\1109\CaltransCoopAgrmt.. SR79Rel i nqu ishment Analysis of the Cooperative Agreement: The Cooperative Agreement stipulates the conditions upon which the City accepts the ownership, maintenance, operation and liability for the majority of SR 79 located within the city limits, and satisfies the State's requirements for ongoing maintenance and operational continuity. Caltrans will retain jurisdiction of the 1-15 freeway interchanges and access control segments at SR 79S and Winchester Road. Per Section 73 of the Streets and Highways Code, the relinquishment shall be by (CTC) resolution and recorded in the Office of the Recorder of Riverside County, a certified copy of which will be filed with the City Clerk. Upon the date of said recordation, all rights, title, and interest of the State shall vest in the City. The California Environmental Quality Act (CEQA) defines a project subject to the act as the whole of the project from acquisition to development to use. In this instance, the proposal is an agreement to transfer ownership to maintain the existing improvements within the current right- of-way. Although the acquisition may lead to a future proposal to implement the adopted goals and plans of the City, there is no funding, plan approval or contract to conduct a physical change to the existing physical improvements by this action. Since no physical changes are planned as part of this transfer of title, the relinquishment is considered to be statutorily exempt in accordance with section 15061(b)(3) of the CEQA Guidelines, which states that projects that have no possibility of having a significant effect on the environment are exempt from review. Council adoption of the attached resolution is an important milestone towards the completion of the relinquishment process. Alternatives: If the City Council chooses not to approve the Cooperative Agreement, SR 79 will remain a State Highway under the jurisdiction of Caltrans. However, this would limit the City's ability to use these sections of SR 79 as an urban arterial roadway and all modifications, improvements or connections to this roadway will continue to be subject to Caltrans highway design policy and oversight. FISCAL IMPACT: The relinquishment of Winchester Road (SR 79N) consists of an approximate 2.32-mile segment of State Highway, extending from the easterly side of 1-15 to the City/County boundary, and includes seven (7) signalized intersections and sixty-two (62) streetlights. The relinquishment of State Route 79 South (SR 79S) consists of an approximate 3.95-mile segment of State Highway, extending from the easterly side of Bedford Court to the City/County boundary, and includes ten (10) signalized intersections and forty-two (42) streetlights. Existing roadway conditions are considered good. The Public Works Department has determined that ongoing annual maintenance costs for both segments of the highway are estimated to be approximately $160,000 per year. The TCSD has also included the additional signal, street lighting, and street sweeping costs within its budget for FY 2004-05. The City's anticipated acceptance of the highway segments and the additional seventeen (17) signalized intersections within these routes will necessitate the City Council's future consideration of expanding the in-house signal maintenance program by allocating additional staff and increasing the maintenance contract budget. The Agreement also provides that the State pay the City $750,000 for a future SR 79S median project that was previously allocated by the State for that purpose. However, due to the State's ongoing budget crisis, no other funding is available and the roadways will be transferred "as is." Since the Public Works Department has determined that the existing roadway conditions are considered good, the State's contribution towards the relinquishment would have been minimal at best. RAagdrpt\04\ 1109\CaltransCoopAgrmt.. SR79Relinq u ishment 3 The proposed relinquishment is considered to be in the best public interest of our residents, businesses and visitors and will allow the City to pursue its goals of improving traffic circulation, signal timing, development review processes and aesthetic enhancement of these highway segments in context with the needs and desires of the community. ATTACHMENTS: 1. Resolution No. 2004-_ approving the Cooperative Agreement 2. Cooperative Agreement with the State Department of Transportation 3. Senate Bill 87 — Chapter 386, Statutes of 2004 R:\agdrpt\04\ 1109\CaltransCoopAg"t.. SR79Reli nqu ishment RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COOPERATIVE AGREEMENT (NO. 8- 1258) BETWEEN THE CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO ACCEPT RELINQUISHMENT OF THOSE SEGMENTS OF WINCHESTER ROAD (SR 79N) AND STATE ROUTE 79 SOUTH (SR 79S) EXTENDING FROM 1-15 TO THE APPROXIMATE CITY LIMITS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, Winchester Road (SR79N) and State Route 79 South (SR79S) is currently under the jurisdiction of the State of California Department of Transportation (Caltrans); and WHEREAS, Senate Bill 87 (SB 87) was approved by the State Legislature to amend Section 379 of the Streets and Highways Code, which includes enabling legislation for the relinquishment for both segments of SR 79 that pass through the City of Temecula and delegated approval authority to the California Transportation Commission (CTC); and WHEREAS, Caltrans has prepared a Cooperative Agreement delineating the terms of the relinquishment from State control to City control; and WHEREAS, this transfer of ownership appears to be in the best interests of both the City of Temecula and State of California; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The City Council of the City of Temecula hereby agrees to the terms of said Cooperative Agreement with the State of California Department of Transportation for the relinquishment of those certain segments of Winchester Road (SR79N) and State Route 79 South (SR79S) from the State Highway System. Section 2. Execution of this Agreement constitutes the City's waiver of the ninety (90) days' notice of "Intention to Relinquish" requirement contained in Section 73 of the Streets and Highways Code. Section 3. Upon recordation of CTC's Resolution of Relinquishment in the County Recorder's Office, the City agrees to accept ownership, including all rights, title and interest in said portion of SR 79 described in Article 2 of the Recitals of the Agreement, and to thereafter operate, maintain and be liable for said relinquished facility without any additional cost to the State. Section 4. The City Council hereby finds that the proposed transfer of ownership is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because there is no possibility that the City's acceptance of operation and maintenance responsibilities and control of signal timing will have a significant effect on the environment. R:\agd rpt\04\1109\CaltransCoopAgrmt..S R79Relinquishment 5 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9 h day of November 2004. Michael S. Naggar, ATTEST: Susan W. Jones, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the gth day of November 2004, by the following vote: AYES: 0 COUNCILMEMBERS NOES: 0 COUNCILMEMBERS ABSENT: 0 COUNCILMEMBERS R:\agdrpt\04\1109\CaltmnsCo pAgrmt..SR79Relinquishment 6 COPY O8-Riv-79-KP 25.1/31.2 (PM 15.6/19.4) & KP 4.0/7.3 (PM 2.5/4.5) Relinquishment of portions of Route 79 in the City of Temecula 08303 - OE8901 District Agreement No. 8-1258 COOPERATIVE AGREEMENT This AGREEMENT, entered into effective on , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF TEMECULA, a political subdivision of the State of California, referred to herein as "CITY". RECITALS (1) STATE and CITY, pursuant to Streets and Highways Code Section 73 and 130, are authorized to enter into a Cooperative Agreement in order to relinquish to CITY a portion of a state highway within City of Temecula's jurisdiction. (2) STATE desires to relinquish to CITY those portions of State Route 79 (SR 79), between Interstate 15 and the northerly city limit (KP 4.0/7.3 [PM 2.5/4.5]) and between Interstate 15 and the easterly city limit (KP 25.1/31.2 [PM 15.6/19.4]) as shown in Attachment A attached and made a part of this Agreement and CITY is willing to accept said relinquishment conditioned upon the receipt of funds allocated as described in Article 3 of this Recital Section below. (3) STATE and CITY have negotiated an understanding that, while STATE will continue to maintain that part of SR 79 in a state of good repair until the date of relinquishment, the CITY, for an amount of $ 750,000 for specific improvements and betterments in the form of roadway rehabilitation and upgrading to city standards, will accept the relinquishment of these described portions of SR 79. (4) STATE and CITY agree that said portion of SR 79 is currently in a state of good repair. (5) The parties have agreed that STATE will forward and support CITY's request for the allocation of $750,000 by the California Transportation Commission (CTC), or some District Agreement 8-1258 other cost figure set by the CTC, as that fund which represents that level of improvements and betterments which are sought by CITY subject to the CTC determination that this expenditure is supportable as being in the best interests of the public to improve that property to be relinquished beyond that state of good repair which that portion of SR 79 will be maintained at by STATE to the date of said relinquishment. (6) Relinquishment to CITY will occur upon approval by the CTC of a resolution of relinquishment and the recording of said resolution in the County Recorder's Office. (7) The parties hereto desire to define herein the terms and conditions under which relinquishment is to be accomplished. SECTION I CITY AGREES: (1) Execution of this Agreement constitutes CITY's waiver of the ninety (90) days' notice of "Intention to Relinquish" requirement contained in Section 73 of the Streets and Highways Code. CITY may appear before the CTC to offer CITY's substantiation that a payment of these negotiated funds constitutes an allocation that is in the best interests of the State of California when so determined by the CTC in its Resolution of Relinquishment. (2) CITY agrees to accept that allocation determined by the CTC to be in the best interests of the public in its Resolution of Relinquishment as STATE's full and only payment obligation for the relinquishment of that portion of the highway which will be maintained in a state of good repair by STATE to the date of relinquishment. (3) Upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office, CITY agrees to accept ownership, including all rights, title and interest in said portion of SR 79 described in Article 2 of Recitals, and to thereafter operate, maintain and be liable for said relinquished facility without any additional cost to STATE. SECTION II STATE AGREES: To recommend that the CTC allocate the negotiated funds in the amount of $ 750,000 as part of the CTC's Resolution of Relinquishment to delete this portion of SR 79 from the State Highway System. District Agreement 8-1258 To pay CITY that amount allocated by the CTC in its Resolution of Relinquishment which is determined to be in the best interests of the public. The payment of those CTC allocated funds by STATE to CITY will represent STATE's final and only payment for the purpose of this relinquishment. 3. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of Relinquishment, all available STATE records and files for the relinquished section of highway, including, but not limited to, plans, survey data and right of way information. SECTION III IT IS MUTUALLY AGREED: All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of those resources by the CTC. 2. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work authority or jurisdiction delegated to CITY under this Agreement once the Resolution of Relinquishment is filed for recordation. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work authority or jurisdiction delegated to STATE under this Agreement once the Resolution of Relinquishment is filed for recordation. 3. No alteration of the terms of 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. District Agreement 8-1258 This Agreement shall terminate upon recording in the County Recorders Office of the relinquishment resolution for this portion of SR 79, or on December 31,2009, whichever is earlier in time except for those provisions which relate to payment, indemnification, ownership, operation, and maintenance which shall remain in effect until terminated or modified in writing by mutual agreement. Signatures are on the following page. 4 District Agreement 8-1258 STATE OF CALIFORNIA CITY OF TEMECULA Department of Transportation Randell H. Iwasaki Acting Director of Transportation By: 0 ANNE E. MAYER District 08 Director APPROVED AS TO FORM AND PROCEDURE: Attorney, Department of Transportation CERTIFIED AS TO FUNDS: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: Accounting Administrator Mayor Attest: City Clerk APPROVED AS TO FORM AND PROCEDURE: Counsel 5 i N H O Lu Ox Ln 6 x ^L5�53tl m m °: g Q. 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O W (�0 � `e �1ab tl H r � �g Q I� J A� 0 (/n / U 6T 61 U 'Stl\ � f� 134 LLI ; W h I k U- mw W U O $w W V) b 133HS 33S NOIlONtl1SN00'0'0'0 HONO#3d'v 13THOW AB 030N3RW33H 1TAOLddN 'S'1'S 31`l0 AB Nano 00 N 00 N 00 Q � t F j § ]\ ■�: w cr- Ln !-,! 2wv ((� 2 \■|■ \ _ )�\ § § /�§§(\ 0 eeee,a=„ _ .lu0Z § !ƒ I \ i]$§ ,! |Mno Z\ � Lij / V) >_ \ ® $ / ( § r b LLJ § �f� \ ® ® § / S / - 'F - // » - / j_ /$ Z j §} a w § F- z b ee, � b / S (wu3nuisw3'o'a 'a j ) ƒ 'SB 87 Senate Bill - CHAPTERED Pagel of 2 BILL NUMBER: SB 87 CHAPTERED BILL TEXT CHAPTER 386 FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2004 APPROVED BY GOVERNOR SEPTEMBER 9, 2004 PASSED THE SENATE AUGUST 17, 2004 PASSED THE ASSEMBLY AUGUST 12, 2004 AMENDED IN ASSEMBLY JUNE 29, 2004 AMENDED IN ASSEMBLY APRIL 20, 2004 AMENDED IN ASSEMBLY MARCH 1, 2004 AMENDED IN ASSEMBLY SEPTEMBER 4, 2003 AMENDED IN SENATE MARCH 20, 2003 INTRODUCED BY Senator Hollingsworth JANUARY 27, 2003 An act to amend Section 379 of the Streets and Highways Code, relating to highways, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 87, Hollingsworth. State Highway Route 79. Existing law requires the California Transportation Commission to relinquish to any city or county any portion of any state highway within the city or county that has been deleted from the state highway system by legislative enactment. These relinquishments become effective upon the first day of the next calendar or fiscal year, whichever first occurs after the effective date of the legislative enactment. This bill would authorize the commission to relinquish to the City of Temecula a specified portion of State Highway Route 79 located within Temecula's city limits, upon terms and conditions the commission finds to be in the best interests of the state, if the commission and the city enter into an agreement providing for that relinquishment. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 379 of the Streets and Highways Code is amended to read: 379. (a) Route 79 is from: (1) Route 8 near Descanso to Route 78 near Julian. (2) Route 78 near Santa Ysabel to the Temecula city limits east of Butterfield Stage Road. (3) Temecula city limits south of Murrieta Hot Springs Road to Route 74 near Hemet. (4) Route 74 near Hemet to Route 10 near Beaumont. (b) Notwithstanding this section, the commission may relinquish to the City of Temecula the portion of Route 79 located within Temecula' s city limits, upon terms and conditions the commission finds to be http://info.sen.ca.gov/pubfbill/sen/sb_0051-0100/sb_87 bill_20040909_chaptered.html 10/22/2004 SB 87 Senate Bill - CHAPTERED Page 2 of 2 in the best interest of the state. (c) (1) Any relinquishment agreement shall require that the City of Temecula administer the operation and maintenance of the highways in a manner consistent with professional traffic engineering standards. (2) Any relinquishment agreement shall require the City of Temecula to ensure that appropriate traffic studies or analysis will be performed to substantiate any decisions affecting the highways. (3) Any relinquishment agreement shall also require the City of Temecula to provide 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. (4) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Temecula to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Temecula, its officers, employees, contractors, or agent, with respect to the design, maintenance, construction, or operation of that portion of Route 79 that is to be relinquished to the city. (d) Any relinquishment shall become effective immediately after the county recorder records the relinquishment resolution that contains the commission's approval of the terms and conditions of the relinquishment. (e) On and after the effective date of the relinquishment, both of the following shall occur: (1) The portion of Route 79 relinquished shall cease to be a state highway. (2) The portion of Route 79 relinquished may not be considered for future adoption under Section 81. (f) The City of Temecula shall ensure the continuity of traffic flow on the relinquished portion of Route 79, including any traffic signal progression. (g) For relinquished portions of Route 79, the City of Temecula shall maintain signs directing motorists to the continuation of Route 79. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to further economic development and improve the quality of life in the City of Temecula, it is necessary that this act take effect immediately. http://info. sen. ca.gov/pub/bill/sen/sb_0051-0100/sb_87_bill_20040909_chaptered.html 10/22/2004 ITEM 8 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Meyer, Redevelopment Director DATE: November 9, 2004 SUBJECT: Professional Services Agreement with Haz Mat Trans Inc. for the demolition of improvements on City owned property in Old Town RECOMMENDATION: That the City Council approves a Professional Services Agreement in the Amount of $66,400 for the demolition of improvements on City owned property. DISCUSSION: Earlier this year, the City concluded land acquisitions in Old Town generally located along the east side of Mercedes Street from Main Street to 2nd Street. The City is currently negotiating a contract with an Architectural firm to master plan a Civic Center on this property. In addition to the historical Escallier House and barn, these properties contain several older residential structures and dilapidated out -buildings and related landscaping. There are several trees, including two oaks that will not be cleared as part of this project. The City has contracted with Haz Mat Trans Inc. for nearly 3 years and has been very satisfied with their performance. Therefore we have selected them to perform this work. They will remove the asbestos within the structures, cap the existing wells, and demolish the non -historical structures and most of the trees and landscaping. A scope of work is included in the attached Agreement. FISCAL IMPACT: Adequate funds are currently available in Account Number210-199-130- 5700, "Land" for this purpose. Attachment: Professional Services Agreement R:\01dtownk0TACQ\0TDemos1 1 10.doc AGREEMENT FOR CONTRACTOR SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND HAZ MAT TRANS INC. THIS AGREEMENT is made and effective as of November 9, 2004, between the Redevelopment Agency of the City of Temecula, a municipal corporation ("Agency") and Haz Mat Trans Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on November 9, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Agency Board 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 Agency Secretary/City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. 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 Agency, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The Agency agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Sixty Six Thousand Four Hundred Dollars and 00/100 ($66,400.00) forthe total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such R:tAgreementslbzmaamsinc greementdemot 109.dot additional services are authorized in advance and in writing by the Executive Director. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Contractor at the time Agency's written authorization is given to Contractor for the performance of said services. The Executive Director may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the Agency Board. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the Agency disputes any of consultant's fees it shall give written notice to Contractor within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the Agency pursuant to Section 4. 7. DEFAULT OF CONTRACTOR a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the Agency 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. R:Wgreements\ha attransincagreementdemo 1109.dot 8. OWNERSHIP OF DOCUMENTS. a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Contractor shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files containing data generated for the work, Contractor shall make available to the Agency, upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the Agency. 10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's R:Wgmments\ha atb=sinmgmementdemoI I09.dot compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accidentfor bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Executive Director. At the option of the Executive Director, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Agency, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The Agency, its officers, officials, employees and volunteers are to be covered as insured's 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 Agency, 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 Agency, its officers, officials, employees and volunteers. Any insurance or self - insured maintained by the Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. R:Wgreements\h=attrensinmgeementdemot 109.dot (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, 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 Agency. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Bests rating of no less than A:VII, unless otherwise acceptable to the Agency. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the Agency 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 Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. a. Contractor is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the Agency. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or bind Agency in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. R:\Ageements\h=attmnsineageementdemo 1109.dot 13. RELEASE OF INFORMATION. a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without Agency's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the Agency Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives Agency notice of such court order or subpoena. b. Contractor shall promptly notify Agency should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with Agency and to provide Agency with the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To Agency: City of Temecula Redevelopment Agency Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Executive Director To Consultant: Haz Mat Trans Inc. P.O. Box 5129 San Bernardino, CA 92412 Phone (909) 889-5607 Fax# (909) 884-8966 15. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten consent of the Agency. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Board of Directors and the Consultant. R:WBeementsiha ttramineageementdemo1109.dot EXHIBIT A TASKS TO BE PERFORMED PAYMENT RATES AND SCHEDULE R: W greements\h=attransincageementdemo 1109 Aot 10/11/2004 04:33 9093383912 SCOTT GLASSEY PAGE 02 11no, CA 92412 ■ 1909) 889.S607 9 Fax: 19091 084.8966 D.D. KY w ' I � • •.wav 4—.,.. Remo"el • EPA NUT OB001 Z900 October 11, 2004 Don Hillberg City of Temecula 43200 Business Park Drive Temecula, CA 92689-9033 Fax: (909) 693-3903 RE: ASBESTO41963 MAIN STR ET, 288 ABATE4 MERCEDES STREETENT AND and 41871 THIRD STREET, TEMECULA, CALIFORNIA Dear Mr. Hillberg: ad Haz Mat Trans, Inc. is pleased to provide this proposal for the Asbestos b� the and demolition, at the above referenced props Scope of Work and Related Fees. Scope of Work and Related Fees Phase to, Haz Mat Trans, Inc. will remove and dispose of Asbestos Containing Materials (ACM) and Lead Based Paint (I -BP) per site inspections on 9/13/04 and Pacific Southwest Group, Inc. and Barr & Clark Surveys, in quantities and locations as outlined below: 28674 Msrcedss Street ACM: Approximately roximat* 1,000 sq. ft. of Acoustic Calling Spray — throughout. out, AC LOP: Ceramic the along window slits in bathroom and kitchen. Ceramic the along shower walls in bathroom. Ceramic file along countertop in kitchen, 41871 Third Street ACM: Approximately 1,200 sq. ft. of Trans►te Roof Panels. LBp: Component removal of Door — Shad #2. Scrape and stabilize loose and flaking exterior paint — Shed 02. 41963 Main Street Lap: Scrape and stabilize loose and flaking paint along wood calling 14.600.00 and wails in Kitchen. 10/11/2004 04:33 9093383912 SCOTT GLASSEY PAGE 03 Pays 2 oetwor 11, 2004 City of Temecula Zon HNwq ASBESTo8AJ D ABATEMENT AND DEM MON South Coast AQMD Notification Fee for this Project *"Client/Owner to pay all re -notification fees (Minimum of $ 25.00 each) and to be responsible for all fees if the project Is cancelled. Provide clearance air sampling and obtain some day rush (24 hour) analysis by an Independent licensed and CAL/OSHA Certified Consultant/ N.I.O.S.H. Certified Lab Technician. Cost S 500.00 Phase I - Total . . . . . . . . . . . $160600.00 P as Haz Mat Trans, Inc. will demo (3) three structures and misc. items as follows: Mobilization $ 2,500.00 Demolition and Disposal of existing Structures and misc. trees and brush S 41.000.00 Phase 11- Total . . . . . . . . . . . . $ 43,600.00 Phase III — Pump Removal Haz Mat Trans, Inc. will pull two pump locations and dispose of all pumps and tanks (assess the depths of wells for abandonments). Mobilization and demobilization of pump rig $ 850.00 Pull pumps $ 3,100.00 Dispose of debris 7 Subtotal — Pump Removal $ 4,650.00 Phase III — Well Abandonment's $ 1,100.00 Mobilization and demobilization of drill rig Well abandonments To be determined (2) Two Destruction Permits (Riverside County) $ 800.00 Dispose of Debris S 850.00 Subtotal — Well Abandonment's S 2,750.00 Phase III Total . . . . . . . . . . $ 7,400.00 Total All Phases . . . . . . . . . . . $ 66,400.00 -- ------- bWII Li-ASSEY PAGE 04 Paps 3 Octobe►11, 2OU City of Temecula -Don NO" ASBESTOSn..EAD ABATEMENT AND DEMOUnON Bid excludes erasion control of any kind. Bid excludes relocation, removal or capping of any existing utilkhs or irrigation. This proposal excludes do watering, water control, and non -conventional excavation of oversaturated materials. Site to be graded to the following tolerances: peds aces W.C. This proposal Is based on a balanced sits. Import and Export are excluded. N additional cut is required to balance site, It shag be measured and paid for at the appropriate contract unit price. This proposal does not Include subsidence Insurance. Upon request, subsidence coverage can be obtained at an additional wet (to be determined). Please be advised that the owner of the property and generator of any hazardous materials may be subject to Usnlhst I EPA Number feu Issued by the Department of Toxic Substances Control (DTSC). M fees blued by DTSC an the responsibility of the owner I Generator. Pass are billed directly from DISC and are not included In the contract amount. Although every effort has been made to provide you with an accurate forecast of cost, actual transportation time, waste volume and characteristics may vary. Should the work scope change, or fhe volume of material exceeds the estimates, additional costs incurred will be billed to you based on our current Materials and Services Schedule. If you have any further questions or require any additional information please feel free to contact me at (909) 754-4234. Sincerely, Y Haz Met Trans, Inc. 16. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The Agency 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 Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula Redevelopment Agency. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court'sjudgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the Redevelopment Agency 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 Agency that no officer or employee of the Redevelopment Agency 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 Agency in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. R: Wgreements\hannattmnsinmgreementdemo 1109.dot IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Jeff Comerchero, RDA Chairperson Attest: Susan W. Jones, CMC, City Clerk/ Agency Secretary Approved As to Form: Peter M. Thorson, Agency Counsel CONTRACTOR Haz Mat Trans Inc. P.O. Box 5129 San Bernardino, CA 92412 PHONE (909) 889-5607 FAX# (909) 884-8966 By: Name: _ScottGlassey Title: By: (Two Signatures of Corporate Officers Required For Corporations) A:\Agreements\ha aftwsinmgreementdemo1109.dot TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT OCTOBER 26, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:59 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Naggar, Roberts, Stone, and Washington ABSENT: 0 DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No comments. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of October 12, 2004. 2 Replace Pool Water Heater at the Community Recreation Center RECOMMENDATION: 2.1 Award a contract to Horizon Mechanical Contractors of California and authorize the expenditure of $33,110.00 for the replacement of the Pool Water Heater at the Temecula Community Recreation Center; 2.2 Approve a 10% contingency in the amount of $3,311.00. 3 Acceptance of Landscape Bonds and Agreements for Tract Map No. 29305-1 RECOMMENDATION: 3.1 Accept the agreement and surety bonds from Standard Pacific Corporation to Improve the north side perimeter slopes and parkways within Tract Map No. 29305-1; 3.2 Accept the agreement and surety bonds from Standard Pacific Corporation to Improve the Wolf Valley Road Median within Tract Map No. 29305-1; RAN i n ute s. csd\l 02604 3.3 Accept the agreement and surety bonds from Standard Pacific Corporation to Improve the Linear Park -North within Tract Map No. 29305-1; 3.4 Accept the agreement and surety bonds from Standard Pacific Corporation to Improve the six -acre neighborhood park within Tract Map No. 29305-1. MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1 through 3. The motion was seconded by Director Stone and electronic vote reflected approval, with Director Roberts abstaining. DEPARTMENTAL REPORT Community Services Director Herman Parker invited the community to the Halloween Festival, this Friday evening at Margarita Community Park. DIRECTOR OF COMMUNITY SERVICES REPORT No comments. GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS Director Stone asked the status on a landscaped entry statement on Ynez and Overland, with perhaps a possible location for public art. Community Services Director Parker stated that this project is in the Capital Improvement Program, however is unfunded at this point. ADJOURNMENT At 8:01 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, November 9, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CIVIC City Clerk/District Secretary R:Vulinutes. csd\102604 ITEM 2 APPROVALv� CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: November 9, 2004 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Project No. PW04-15CSD, Erle Stanley Gardner Exhibit PREPARED BY: William Hughes, Director of Public Works/City Engineer Amer Attar, Principal Engineer Bill McAteer, Construction Manager RECOMMENDATION: That the Board of Directors approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW04-15CSD, Erle Stanley Gardner Exhibit. BACKGROUND: The Board of Directors of the Temecula Community Services District recently approved funding to construct the "Erie Stanley Gardner Exhibit. This Exhibit is to honor the famous author and Temecula resident. The work to be solicited for construction bids include the construction of approximately 300 Square Feet of a new mezzanine above the receiving area that will house The Erle Stanley Gardner Exhibit. The exhibit is a replica of Mr. Gardner office in Temecula, which will include a desk, display cases, court room railings, and books. The Plans, Specifications and Contract Documents for this work have been completed. They are available for review in the City Engineer's office. The Engineer's estimate for this project is $33,000. Since the engineer's estimate is well below the $100, 000 limit to do informal bids, this project will be informally sent out for bids to a number of qualified contractors. FISCAL IMPACT: The Erle Stanley Gardner Exhibit is a Capital Improvement Project funded through the Museum Association and the Redevelopment Agency for Fiscal Year 2004-2005. ATTACHMENT: 1. Project Location 2. Project Description 0zgdrpt\2002\0423\pw02-05 bid/AJP � § 2 / } 42 / - / A§\\§\/ ___ k� w� k ) a / § / � \ \ e . .} CD rL \) . \} \ 9)/§\\ & IT l) \ C ) \§ � a� ]k �\#2 _ \ ( )«})] � <ja=/ 2 � REDEVELOPMENT AGENCY NIAM it MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY OCTOBER 26, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:01 P.M., in the City Council Chambers, 43200 Business Park Drive, and Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS ABSENT: 0 AGENCY MEMBERS: Naggar, Roberts, Stone, Washington, and Comerchero None Also present were Assistant Executive Director O'Grady, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of October 12, 2004. MOTION: Agency Member Washington moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Stone and electronic vote reflected approval, with Agency Member Roberts abstaining. DEPARTMENTAL REPORT No comment. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. R: Win utes. rda\102604 ADJOURNMENT At 8:02 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, November 9, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero. Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] RAMin utes. rdaY102604 TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY SEPTEMBER 28, 2004 A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:52 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington, and Naggar ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Peter Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 24, 2004. MOTION: Authority Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Authority Member Roberts and electronic vote reflected unanimous approval. 2 Amendment of Resolutions for Community Facilities District — Rorioaugh Ranch RECOMMENDATION 2.1 Cancel the originally noticed public hearing and renotice the future public hearing. 2.2 Adopt a resolution entitled: RESOLUTION NO. TPFA 04-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AMENDING RESOLUTION NOS. TPFA 04-08 AND TPFA 04-09 TO ALLOW FOR FINANCING OF ADDITIONAL FACILITIES AND TO CHANGE DATE OF PUBLIC HEARING Rawl inutes.tpfa\092804 Director of Finance Genie Roberts presented the staff report (of record). MOTION: Authority Member Comerchero moved to approve Item Nos. 2. The motion was seconded by Authority Member Roberts and electronic vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comments BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:53 P.M., the Temecula Public Financing Authority meeting was formally adjourned. Michael S. Naggar, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] RAM in utes.tpfa\092804 ITEM 2 APPROVAL CITY ATTORNEY /� 4 DIRECTOR OF FINA E CITY MANAGER ._ CITY OF TEMECULA TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Temecula Public Financing Authority FROM: Shawn Nelson, Executive Director DATE: November 9, 2004 SUBJECT: Community Facilities District No. 03-02 (Roripaugh Ranch) RECOMMENDATION: That the Temecula Public Financing Authority open and continue the Public Hearing related to the Community Facilities District No. 03-02 (Roripaugh Ranch) to Tuesday, November 23, 2004 at 7:00 p.m. in the City Council Chambers located at 43200 Business Park Drive, Temecula, California. ITEM 9 APPROVAL CITY ATTORNEY��P DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/Cit 9uncil FROM: Debbie Ubnoskkirector of Planning DATE: November 9, 2004 SUBJECT: Amendment to Temecula Creek Village Planned Development Overlay No. 4 (PA04-0384) RECOMMENDATION: The Planning Commission recommends that the City Council: Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 04-. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEXT OF THE "TEMECULA CREEK VILLAGE" PLANNED DEVELOPMENT OVERLAY (PDO) ZONING DOCUMENT TO PERMIT THE SALE OF ALCOHOL IN THE VILLAGE COMMERCIAL PLANNING AREA, AND OTHER MINOR TEXT AMENDMENTS FOR CLARIFICATION. BACKGROUND: On November 28, 2000 the City Council approved the Temecula Creek Village Planned Development Overlay District Number 4 (PDO-4) for 32.2 acres, located on the south side of Highway 79 between Jedediah Smith Road and Avenida De Missions. On December 5, 2001, the Planning Commission approved a development plan for the site, consisting of 400 multi -family apartments and 123,100 square feet of combined general retail/office/commercial space. The project is currently under construction and the applicant has expressed concerns about the viability of certain businesses within the Village Commercial area such as restaurants, delicatessens, and floral/gift basket shops if they are not permitted to sell alcohol. As currently written, the PDO conditionally permits the sale of alcoholic beverages in the Retail/Support Commercial (PDO-4R) area only. The sale of alcohol is not currently permitted in the Village Commercial area (PDO-4V). R:\P D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 1 On June 2, 2004, the applicant submitted an application to amend the text of PDO-4 to change the "Schedule of Permitted Uses" to permit the sale of alcohol and to permit blueprint, copying and duplicating services in the Village Commercial area (PDO-4V). Staff worked with the applicant to recommend changes to the Schedule of Permitted Uses as follows: • "Blueprint, copying and duplicating services" shall be permitted in the PDO-4V area • "Convenience market" shall be modified to read as follows: 1) Convenience market (without the sale of alcoholic beverages) shall be permitted in the PDO-4R area, and conditionally permitted in the PDO-4V area 2) Convenience market (with the sale of alcoholic beverages) shall be conditionally permitted in both the PDO-4R area and the PDO-4V area • "Incidental alcoholic beverage sales in conjunction with an otherwise allowable use" shall be added to the Schedule of Permitted Uses as conditionally permitted uses • "Restaurants and other eating establishments" shall be modified to read as follows: 1) Restaurants and other eating establishments (with or without the sale of beer and wine) shall be permitted in both the PDO-4R area, and in the PDO-4V area 2) Restaurants and other eating establishments (with the sale of beer, wine, and distilled spirits) shall not be permitted in the PDO-4R area, and shall be conditionally permitted in the PDO-4V area • "Restaurants with lounge or live entertainment" shall not be permitted in the PDO-4R area, and shall be conditionally permitted in the PDO-4V area In addition to applicant -initiated amendments, staff is also proposing the following amendments for clarification: • "Alcoholic beverage sales" shall be removed as a stand alone item • "Nightclubs/taverns/bars/dance club/teen club" shall be removed as a stand alone item • Change the Code citation in footnote No. 1 for the Schedule of Permitted Uses from 17.08.050(G) (which no longer exists), to 17.10.020(B). • Delete footnote No. 3 from the Schedule of Permitted Uses as indoor swap meets are not permitted uses • Delete footnote No. 4 from the Schedule of Permitted Uses as storage facilities are not permitted uses • Renumber the footnotes No. 1 through No. 6 ANALYSIS Staff has reviewed the request to change the Schedule of Permitted Uses to allow alcohol sales, and determined that it will not conflict with the 500 foot separation requirement from public RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 2 parks, schools, and religious institutions. Staff also supports the request to permit a blueprint, duplicating and copy service in the Village Commercial area. Staff believes that while the Rancho Community Church Site is on the opposite side of Highway 79 South, due to the site layout of both projects, the separation created by the Highway, and the actual distances between uses for each project, the separation requirement has been met. Furthermore, staff believes that it was never intended for restaurants and certain specialty businesses within the Village Commercial area of this project to be prohibited from selling alcohol. Staff believes that the proposed text amendments to allow the sale of alcohol in the Village Commercial area will not have an adverse impact on the quality of life of the residents of Temecula because separate liquor licenses will need to be obtained from the Bureau of Alcohol and Beverage Control. Moreover, the requirement to obtain a Conditional Use Permit for most alcohol related uses will require independent review and approval of applications. The proposed amendments went before the Planning Commission on August 4, 2004, and the Planning Commission voted 5-0 in favor of recommending the City Council adopt the proposed text amendments to PDO-4. ENVIRONMENTAL DETERMINATION: The proposed text changes and possible expansion of uses will not have a significant impact on the environment and the Mitigated Negative Declaration prepared for Planning Application 99- 0261 (PDO) is deemed adequate. No further environmental review is required (CEOA Section 15162 subsequent EIR's and Negative Declarations). FISCAL IMPACT: There will be no direct fiscal impacts as a result of this action. ATTACHMENTS: 1. Proposed Ordinance 2. Planning Commission Resolution 3. Planning Commission Staff Report 4. Planning Commission Minutes 5. Current Schedule of Permitted Uses for PDO-4 6. Letter from David J. Esoldi RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 3 ATTACHMENT NO. 1 PROPOSED ORDINANCE RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 4 ORDINANCE NO. 04-, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEXT OF THE "TEMECULA CREEK VILLAGE" PLANNED DEVELOPMENT OVERLAY (PDO) ZONING DOCUMENT TO PERMIT THE SALE OF ALCOHOL IN THE VILLAGE COMMERCIAL PLANNING AREA, AND OTHER MINOR TEXT AMENDMENTS FOR CLARIFICATION. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends portions of Temecula Creek Village Planned Development Overlay as described below. A. Add the listing for "Incidental alcoholic beverage sales" and modify the listings for Convenience Market, Restaurants and other eating establishments in Table 17.22.136B of the Temecula Municipal Code with the following: Table 17.22.136E Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PD6-47 Blueprint, Copying and Duplicating Service P P Convenience market (without the sale of alcoholic beverages) P C Convenience market (with the sale of alcoholic beverages) C C Incidental alcoholic beverage sales in conjunction with an otherwise allowable use C C Nightclubs/taverns/bars/dance club/teen club Restaurants and other eating establishments (with or without the sale of beer and wine) P P4 Restaurants and other eating establishments (with the sale of beer, wine, and distilled spirits) C4 Restaurants with lounge or live entertainment C B. Footnote Number 1 has been revised to show the correct Code citation. C. The original footnotes 3 and 4 have been deleted because these uses were not permitted and were inconsistent with the Development Code. D. The remaining footnotes have been renumbered 1-6 as shown below: 1. The CUP will be subject to Section 17.1 alcoholic beverages. standards for the sale of 2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code. 3. In PDO-4, all senior housing residential projects shall use the development and performance standards for the High Density Residential zone and the provisions contained in Section 17.06.050.H. RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 5 4. The size of the use or activity is limited to 5,000 square feet. 5. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise levels do not interfere with off -site conversation. 6. Drive through facilities are not allowed in the Village Planning Area. Section 2. Severability. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3. 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 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this _ day of _, 2004. Mike Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 6 CITY OF TEMECULA ) I, Susan W. Jones, CIVIC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of , 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CIVIC City Clerk RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 7 ATTACHMENT NO. 2 PLANNING COMMISSION RESOLUTION RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 8 n PC RESOLUTION NO.2004-041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE AND PLANNED DEVELOPMENT OVERLAY NO.4 TO MODIFY THE SCHEDULE OF PERMITTED USES TO CONDITIONALLY PERMIT THE SALE OF ALCOHOL AND TO PERMIT BLUEPRINT AND DUPLICATING SERVICES IN THE VILLAGE COMMERCIAL AREA OF PDO-4, (PLANNING APPLICATION PA04-0384)" WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January 25, 1995, the City Council of the City of Temecula initially adopted the City's Development Code; and WHEREAS, on November 28, 2000, the City Council of the City of Temecula adopted Planned Development Overlay District Number 4 (PDO-4); and WHEREAS, on June 02, 2004, David J. Esoldi, Temecula Creek Village, LLC applied for a text only zoning amendment to revise the schedule of uses for the Temecula Creek Village ') Planned Development Overlay District (PDO-4); and WHEREAS, the Planning Commission considered the proposed amendment on August 4, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. The Planning Commission, in approving Planning Application No. 04-0384 hereby finds that the text amendment to the Development Code (PDO-4) is consistent with the adopted General Plan for the City of Temecula, the site is physically suitable for the type of uses that could eventually occur in this area, and the proposed text change would further the City's long-term economic development goals. Section 2. Environmental Compliance. The proposed amendment represents a minor change to the Development Code to allow businesses to sell alcoholic beverages in the Village Commercial area of PDO-4, to permit blueprint, copying and duplicating services, and identify how these uses are to be approved by the City. A Negative Declaration was previously prepared and adopted for Planning Application 99-0261 (PDO-4). This application does not constitute an expansion or a change of condition, and as a result, the Planning Commission recommends that the City Council make a determination that the proposal is exempt from review under the California Environmental Quality Act pursuant to Section 15162 of the CEQA Guidelines. RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\PC RESOLUTIONAm 1 I" ) Section 3. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt an ordinance amending the text of the Temecula Creek Village Planned Development Overlay District (PDO-4) and amending the requirements for conditional use permits for certain businesses selling alcoholic beverages and make other changes substantially in the form attached to this resolution as Exhibit A. by the City of Temecula Planning Commission this 4l" day of August 2004. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 0 day of August 2004. JohV Telesio, Chairperson ATTEST: Debbie Ubnoske; Secretary i [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC Resolution No. 2004-041 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of August 2004, by the following vote of the Commission: AYES: 3 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS: ABSENT: 1 PLANNING COMMISSIONERS: ABSTAIN: 1 PLANNING COMMISSIONERS: Chiniaeff, Mathewson, Telesio None Guerriero Olhasso Debbie Ubnoske, Secretary RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)lPC RPSOLUTIONAm 2 ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 9 ORIGINAL F.. Date of Meeting: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION 2004 Prepared by: Emery J. Papp, AICP Title: Senior Planner File Number PA04-0384 Application Type: Zone Change (Text Only) Project Description: Revise the Schedule of Permitted Uses for the Temecula Creek Village Planned Development Overlay District (PDO-4) to permit the sale of alcohol and permit blueprint and copy services in the Village Commercial area; and correct inconsistencies in footnote text for PDO- 4 located on the south side of Highway 79 South between Jedediah Smith Road and Avenida De Missiones Recommendation: (Check One) ❑ Approve with Conditions ❑ Deny ❑ Continue for Redesign ❑ Continue to: ® Recommend City Council Approval ❑ Recommend Denial CEQA: ® Exempt (Section) 15162 (Check One) ❑ Negative Declaration ❑ Mitigated Negative Declaration with Monitoring Plan ❑ EIR RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\PC STAFF REPORT 08-04-04.dot PROJECT DATA SUMMARY Applicant: Completion Date: Temecula Creek June 02. 2004 LLC — David J. Esoldi Mandatory Action Deadline Date: N/A General Plan Designation: Professional Office Zoning Designation: PDO-4 Site/Surrounding Land Use: Site: Multi -Family Housing and Commercial buildings under construction North: South: East: West: Lot Area: Vacant (Rancho Com Vacant Vacant (Creekside Plaza) 5 Acres Total Floor Area/Ratio N/A Landscape Area/Coverage Parking Required/Provided BACKGROUND SUMMARY ®1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\PC STAFF REPORT 08-04-04.dot 2 ANALYSIS On November 28, 2000 the City Council approved the Temecula Creek Village Planned Development Overlay District Number 4 (PDO-4). Since this approval, the property regulated by PDO-4 has changed ownership several times. The project is currently under construction, including all of the buildings in the Village Commercial area. The owner has had inquiries from several potential tenants concerning the sale of alcohol in the Village area. The applicant/owner has been told by staff that as currently written, the PDO will conditionally permit sale the sale of alcoholic beverages in the Retail/Support Commercial area only, located at the south east corner of Highway 79 South and Jedediah Smith Road. The sale of alcohol is not currently permitted in the Village Commercial area. The applicant has expressed concerns that it will be difficult for certain businesses such as restaurants, delicatessens, and floral/gift basket shops to entice patrons if they are not permitted to sell alcohol. The applicant has requested a text amendment to PDO-4 to change the Schedule of Permitted Uses to conditionally permit alcohol sales in the Village Commercial area in conjunction with a bona fide use. The Schedule of Permitted Uses for PDO-4 prohibits liquor stores, and the applicant has expressed in a letter to the City (Attachment 5) that it is not his intent to permit this use. The applicant is also requesting that "Blueprint, duplicating and copy service" be changed to a permitted use in the Village Commercial area. Staff has reviewed the request to change the Schedule of Permitted Uses to allow alcohol sales, and determined that it will not conflict with the 500 foot separation requirements from public parks, schools, and religious institutions. The future Rancho Community Church Site is on the opposite side of Highway 79 South, however, due to the site layout of both projects, the actual uses for each project that would require separation meet the 500 foot separation requirement. Staff is not opposed to the request to permit a blueprint, duplicating and copy service in the Village Commercial area. In reviewing the Schedule of Permitted Uses for this PDO, staff discovered inconsistencies with the use matrix. As a result staff is recommending several "clean-up" changes. The current schedule of uses identifies "Nightclubs/taverns/bars/dance club/teen club" as not being permitted. However, in the existing use matrix, there is a footnote for this use in the Village Commercial area, which implies that this use could be permitted. Staff suggests removing the footnote from this use. Similarly, "Restaurants with lounge or live entertainment" is listed as a use that is not permitted, but also has a footnote for this use in the Village Commercial area. The supplemental design standards for PDO-4 encourage restaurants and eating places to provide outdoor dining areas. Staff feels the original intent of the footnote was to permit outdoor entertainment in concert with restaurant uses. Therefore, staff suggests conditionally permitting this use in the Village Commercial area in order to regulate the type of entertainment and hours of operation. There are also inconsistencies with the footnote text at the end of the Schedule of Permitted Uses. Footnote number 1 contains a citation of the Municipal Code that no longer exists. Staff recommends changing this citation from "Section 17.08.050(G)" to "Section 17.10.020(B)". Also, footnote number 3 refers to indoor swap meets and footnote 4 refers to storage and warehouse facilities. These uses are not permitted in PDO-4. Therefore, these footnotes are not applicable and should be deleted. The remaining footnotes should be renumbered, and the new footnote numbers should be cross-referenced in the use matrix. RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\PC STAFF REPORT 08-04-04.dot 3 The proposed changes to the Schedule of Use Table and footnotes are as follows: Table 17 22 136E Schedule of Permitted Uses Temecula C�eek VrllagePlanned ;Developme`nt Overlay District Descriptron,of Use PDO-4R PDO4V,- Alcoholic beverage sales (only as expressly permitted by Section 17.22.136B) - - Blueprint, Copying and Duplicating Service P P Convenience market (without the sale of alcoholic beverages) P C Convenience market (with the sale of alcoholic beverages) C C Incidental alcoholic beverage sales in conjunction with an otherwise allowable use C C Nightclubs/taverns/bars/dance club/teen club Restaurants and other eating establishments (with or without the sale of beer and wine) P P6 4 Restaurants and other eating establishments (with the sale of beer, wine, and distilled spirits) C64 Restaurants with lounge or live entertainment C 1. The CUP will be subject to Section 17.98:850(G) 17.10.020(B), special standards for the sale of alcoholic beverages. 2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code. . 4 facilities 53. In PDO-4, all senior housing residential projects shall use the development and performance standards for the High Density Residential zone and the provisions contained in Section 17.06.050.H. 64. The size of the use or activity is limited to 5,000 square feet. 7 5. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise levels do not interfere with off -site conversation. 96. Drive through facilities are not allowed in the Village Planning Area. ENVIRONMENTAL DETERMINATION 01. The proposed project has been determined to be consistent with the previously approved Negative Declaration for Planning Application 99-0261 and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\PC STAFF REPORT 08-04-04.dot 4 CONCLUSION/RECOMMENDATION Staff feels that it was never the intent of PDO-4 to prohibit the sale of alcohol for restaurant uses in the Village Commercial area. However, as presently crafted, the Schedule of Permitted Uses does not make exceptions based on the type of use. Staff has reviewed the request by the applicant to change the use matrix, and supports the changes proposed by the applicant. Staff has suggested additional changes to clarify footnotes within the use matrix and the text of the footnotes. Staff feels that these additional changes further clarify the regulation of alcohol related uses and will clean up internal inconsistencies within the PDO-4 text. FINDINGS Planning Department staff, in reviewing Planning Application No. 04-0384 finds that the text amendment to the Development Code (PDO-4) is consistent with the adopted General Plan for the City of Temecula, the site is physically suitable for the type of uses that could eventually occur in this area, and the proposed text change would further the City's long-term economic development goals. ATTACHMENTS 1. PC Resolution No. 2004-_ — Blue Page 6 2. Proposed Ordinance (Exhibit A) — Blue Page 9 3. Current Development Code — PDO-4 — Blue Page 13 4. Notice of Exemption — Blue Page 28 5. Letter from Applicant — Blue Page 30 RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\PC STAFF REPORT 08-04-04.dot 5 ATTACHMENT NO. 4 PLANNING COMMISSION MINUTES R:\P D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 10 MOTION: Commissioner Chiniaeff moved to continue this item and have the applicant work with staff to revise the elevations and address the above mentioned concerns. Commissioner Olhasso seconded the motion and voice vote reflected approval with the exception of Commissioner Guerriero who was absent. 11 Senior Planner Papp presented a staff report (of record), noting the following: • That the owner of the Temecula Creek Village project is requesting to revise the schedule of permitted uses in the Village Commercial area; and that the applicant is also requesting a modification to allow copy/blue print duplication services; • That currently the Village project is under construction and the owner has had inquiries from several potential tenants concerning the use of alcohol in the Village area; • That the applicant has expressed concerns that it will be difficult for certain businesses such as restaurants, delicatessens, and floral/gift basket shops that may want to feature local wines in gift baskets; t • That in reviewing the schedule of permitted uses in the PDO, staff discovered inconsistencies with the use matrix, and staff is recommending the deletion of footnote No. 7 and mini -storage or mini -warehouse in the use matrix. (J For Commissioner Chiniaeff, Mr. Papps relayed that although Rancho Community Church is located directly across the street from the project, at the time when the site plans were scaled -out, the distance from the front doors of any of the store front that could have this type of sale were at least 650 feet away from the proposed sanctuary and classroom spaces. For the Commission, Mr. Papp relayed that it was never intended to allow mini -storage at the proposed site; and that the intent is to operate a small scale Kinko's type store. At this time, the Commission took a five-minute break. MOTION: Commissioner Chiniaeff moved to approve staff's recommendation. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Commissioner Guerriero who was absent and Commissioner Olhasso who abstained. RAM1nutesPC\080404 11 PC RESOLUTION NO.2004-041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE AND PLANNED DEVELOPMENT OVERLAY NO. 4 TO MODIFY THE SCHEDULE OF PERMITTED USES TO CONDITIONALLY PERMIT THE SALE OF ALCOHOL AND TO PERMIT BLUEPRINT AND DUPLICATING SERVICES IN THE VILLAGE COMMERCIAL AREA OF PDO-4, (PLANNING APPLICATION PA04-0384)" Chairman Telesio reminded the Commission of the joint City Council/Planning Commission meeting on Tuesday, August 10, 2004 at 5:00 p.m. PLANNING DIRECTOR'S REPORT Director of Planning Ubnoske relayed that she distributed a set of plans for a development plan at the corner of Margarita and 79 South which is a part of the t Albertson's Shopping Center. ADJOURNMENT (_) At 7:30 p.m., Chairman Telesio formally adjourned this meeting to the ioint City Council/Planning Commission meeting to be held on Tuesday. August 10, 2004 John Telesio Chairman Debbie Ubnoske Director of Planning RAM1nutesPC\080404 12 ATTACHMENT NO. 5 CURRENT SCHEDULE OF PERMITTED USES FOR PDO-4 RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doc 11 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. Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PDO-4V A Adult business Aerobics/dance/gymnastics/jazzercise/martial arts studios (less than 5,000 sq. ft.) P P Aerobics/dance/gymnastics/jazzercise/martial arts studios (greater than 5,000 sq. ft.) P Airports Alcoholism or drug treatment facilities Alcohol and drug treatment (outpatient) P Alcoholic beverage sales C Ambulance services Animal hospital (indoor only) C Antique restoration Antique sales P Apparel and accessory shops P P Appliance sales and repairs (household and small appliances) P Arcades (pinball and video games) Art supply stores P P Auction houses - - Auditoriums and conference facilities - - Automobile dealers (new and used) - - Automobile sales (brokerage) -showroom only (new and used) -no outdoor display _ _ Automobile Oil Change/tube Services with no major repairs Automobile painting and body shop Automobile repair services Automobile rental C Automobile salvage yards/impound yards Automobile service stations with or without an automated car wash Automotive parts — sales P Automotive service stations selling beer and/or wine -with or without an automated car wash B Bakery goods distribution Includes Amendments as of June 25, 2004 Chapter 17.22 -30 Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PDO-4V Bakery retail P P Bakery wholesale Banks and financial institutions P P Barber and beauty shops P P Bed and breakfast C Bicycle (sales, rentals, services) P P Billiard parlor/pool hall Binding of books and similar publications Blood bank Blueprint and duplicating and copy services P Bookstores P P Bowling alley P Building material sales Butcher shop P C Cabinet shop Camera shop (sales/minor repairs) P P Candy/confectionery sales P P Car wash, full service Carpet and rug cleaning C Catering services P Clothing sales P P Coins, purchase and sales P P Cold storage facilities C Communications and microwave installations Communications equipment sales Community care facilities C Computer sales and service P Congregate care housing for the elderlF C Construction equipment sales, service or rental Contractor's equipment, sales, service or rental Convenience market P C Costume rentals P P Crematoriums Cutlery P P D Data processing equipment and systems P Includes Amendments as of June 25, 2004 Chapter 17.22 -31 Table 17.22.136E Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PDO-4V Day care centers C C Delicatessen P P Discount/department store (less than 20,000 square feet) P Distribution facility Drug store/pharmacy P P Dry cleaners P P Dry cleaning plant E Emergency shelters Equipment sales and rentals (no outdoor storage) P Equipment sales and rentals (outdoor storage) F Feed and grain sales P Financial, insurance, real estate offices P P Fire and police stations P P Floor covering sales P Florist shop P to P Food processing Fortune telling, spiritualism, or similar activity P P Freight terminals Fuel storage and distribution Funeral parlors, mortuary Furniture sales (less than 20,000 sq. ft.) P I P Furniture transfer and storage G Garden supplies and equipment sales and service C Gas distribution, meter and control station General merchandise/retail store less than 10,000 sq. ft. P Glass and mirrors, retail sales P Governmental offices P P Grocery store, retail (less than 20,000 sq. ft.) P P Grocery store, wholesale Guns and firearm sales P H Hardware stores P P Health and exercise clubs (less than 5,000 sq. ft.) P P Includes Amendments as of June 25, 2004 Table 17.22.136E Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PDO-4V Health and exercise clubs (greater than 5,000 sq. ft.) P Health food store P P Health care facility P P Heliports -------------- Hobby supply shop P P Home and business maintenance service P Hospitals C Hotels/motels I Ice cream parlor P P Impound yard Interior decorating service P P J Junk or salvage yard K Kennel C L Laboratories, film, medical, research or testing centers Laundromat P Laundry service (commercial) Libraries, museums and galleries (private) P Liquefied petroleum, sales and distribution Liquor stores C Lithographic service Locksmith P M Machine shop Machinery storage yard Mail order businesses P Includes Amendments as of June 25, 2004 Chapter 17.22 -33 Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PDO-4V 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 which 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 sq. ft. with no outside storage Massage P P Medical equipment sales/rental P Membership clubs, organizations, lodges C Mini -storage or mini -warehouse 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) C Nursing homes/convalescent homes C O Office equipmenUsupplies, sales/services P Offices, administrative or corporate headquarters with greater than 50,000 sq. ft. Offices, professional services with less than 50,000 sq. tt., including, but not limited to, business law, medical, dental, P Ps veterinarian, chiropractic, architectural, engineering, real estate, insurance Includes Amendments as of June 25, 2004 Chapter 17.22 -34 Table 17.22.1366 Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PDO-4V P Paint and wallpaper stores P Parcel delivery services Parking lots and parking structures Pawnshop Personal service shops P P Pest control services Pet grooming/pet shop P P Photographic studio P P Plumbing supply yard (enclosed or unenclosed) Postal distribution Postal services P P Printing and publishing (newspapers, periodicals, books, etc.) Private utility facilities (Regulated by the Public Utilities Commission) P O Reserved R Radio and broadcasting studios, offices P 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 day care or private school C Religious institution, with a private school C Religious institution, with a day care C Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) Residential, multiple -family housing Restaurant with drive -through window Restaurants and other eating establishments P P Restaurants with lounge or live entertainment Includes Amendments as of June 25, 2004 Chapter 17.22 -35 Table 17.22.136E Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PDO-4V Retail support use (15 percent of total development square footage in BP and LI) Rooming and boarding houses S Scale, public Schools, business and professional Schools, private (kindergarten through Grade 12) Scientific research and development offices and laboratories Senior citizen housing (see also congregate care) C Solid waste disposal facility Sports and recreational facilities Swap Meet, entirely inside a permanent building Swap Meet, outdoor Swimming pool supplies/equipment sales P T Tailor shop P P Taxi or limousine service P Tile sales P Tobacco shop P Tool and die casting Transfer, moving and storage Transportation terminals and stations Truck rentals (no sales or /service) TVNCR repair P P U Upholstery shop P V Vending machine sales and service W Warehousing/distribution Watch repair P P Wedding chapels Welding shop Welding supply and service (enclosed) Includes Amendments as of June 25, 2004 Chapter 17.22 -36 Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PDO-4V Y Reserved Z Reserved 1. The CUP will be subject to Section 17.08.050(G), special standards for the sale of alcoholic beverages. 2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code. 3. See Section 17.08.050(E), special standards for indoor swap meets. 4. See Section 17.080.050(R), special standards for self -storage or mini -warehouse facilities. 5. In PDO-4, all senior housing residential projects shall use the development and performance standards for the High Density Residential zone and the provisions contained in Section 17.06.050.H. 6. The size of the use or activity is limited to 5,000 square feet. 7. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise levels do not interfere with off -site conversation. 8. Drive through facilities are not allowed in the Village Planning Area. Retail/Support Commercial Planning Area is identified as PDO-4R. Village Commercial Planning Area is identified as PDO-4V. Multi -Family Planning Areas A & B use the High Density column in Table 17.06.030. (Ord 2000-13) 17.22.138 SUPPLEMENTAL DESIGN AND SETBACK STANDARDS A. Multi -Family. The requirements of the residential component shall depend upon the final approved residential density. Residential densities less than 12 units per acre shall comply with the Medium Density Residential zone standards set forth in Chapter 17.06 of the Development Code. Residential densities in excess of 12 units per acre shall comply with the High Density Residential zone standards set forth in Chapter 17.06 of the Development Code. The final maximum residential density shall be determined by a traffic analysis provided to the City when an application for development is submitted. The total future project trip generation shall not exceed the number of trips allowable under the General Plan designation for the site. B. Retail/Support Commercial. The development standards for the Professional Office zoning designation set forth in Chapter 17.06 of the Development Code shall be utilized for the Retail/Support Commercial planning area. Includes Amendments as of June 25, 2004 Chapter 17.22 -37 ATTACHMENT NO. 6 LETTER FROM DAVID J. ESOLDI RAP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\CC Agenda Report.doC 12 Tfe' TEMECULA CREEK VILLAGE= April 30, 2004 Emery Papp City of Temecula Dear Emery, Please consider the following changes that are permitted uses on Temecula Creek Villages PDO-4R but not on our PDO-4V8. It has become difficult to lease to restaurants, Deli's, flower and gift shops etc. that are not permitted to sell or include in gift baskets beer or wine. It is not our intent to open a liquor store but to simply be able to operate a restaurant and be able to serve beer and wine, to have a deli include sales of beer or wine. The other changes just give us much more flexibility in leasing. We want to lease the Village successfully which is favorable for us as owners and the City of Temecula as well. Thank you for your consideration in these matters. Si:ai5� David J. Esoldi (Skeeter) 16236 SAN DIEGUITO Ro., SUITE 3-10 POST OFFICE BOX 9296 RANCHO SANTA FE CA 92067 TEL:858/756-7584 FAX 858/756-7594 le TEMECULA CREEK VILLAGE Ref: Table 17.22.136B Schedule of Permitted Uses The following are change requests for permitted uses on Temecula Creek Villages PD04R that we would like to have included on our PDO-4VR Description of Use Allowed Change To PD04R PDO-4V8 Alcohol beverage sales Cl Cl Blueprint, duplicating & copy service P P 16236 SAN DiECUiTO RD., SUITE 3-1C POST OFFICE Box 9296 RANCHO SANTA FE CA 92067 TEL: 858/756-7584 FAX: 858/756-7594 ITEM 10 APPROVA} CITYATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/Ci Council FROM: Debbie Ubnos , Director of Planning DATE: November 9, 2004 SUBJECT: An Appeal of the Planning Commission's denial of PA03-0723 (Development Plan), a proposal to develop two single -story retail buildings totaling 13,350 square feet on 1.3 acres. PREPARED BY: Matthew Harris, Associate Planner RECOMMENDATION: The Planning Commission recommends the City Council: ADOPT a resolution entitled: RESOLUTION NO.04-, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA03-0723 (DEVELOPMENT PLAN) AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. PA03-0723 TO CONSTRUCT, ESTABLISH AND OPERATE TWO SINGLE -STORY RETAIL BUILDINGS TOTALING 13,350 SQUARE FEET ON 1.3 ACRES LOCATED ON THE NORTHWEST CORNER OF OVERLAND DRIVE AND MARGARITA ROAD ALSO KNOWN AS ASSESSOR'S PARCEL NOS. 921-810-021, 029 & 921-830-030. RAD P\2003\03-0723 overland Retail Center\CCApplSt ReportOverland Retail.doc 1 BACKGROUND: On December 19, 2003, MCA Architects filed Planning Application No. PA03- 0723, a Development Plan to construct, establish and operate two single -story retail buildings totaling 13,350 square feet on a 1.3 acre site located at the northwest corner of Overland Drive and Margarita Road within the Overland Corporate Center complex. Over a period of several months, staff worked with the applicant to achieve a variety of architectural enhancements. Staff scheduled the item for the August 4, 2004 Planning Commission meeting with a recommendation to approve. At the August 4t' public hearing, staff explained that the Overland Corporate Center complex was originally approved onsite in 2001 and that the approval allowed for eithera restaurant or motel to be constructed in this portion of the center. The applicants request was to construct two retail buildings instead as permitted by the underlying zone. Staff indicated that the project complied with all applicable development standards and recommended approval of the project. The Planning Commission recognized the project site as being located adjacent to a prime intersection in the City and identified a variety of issues/concerns with the project. Discussion focused on the preference for a single tenant restaurant or retail use to be constructed rather than smaller retail spaces as proposed. Concern was also raised about how the proposed buildings are sited and the fact that the buildings turn their backs to the adjacent intersection. The visibility of the rear elevations was also considered given the grade difference between the site and the adjacent street grades. The Commission felt that that the rear elevations of the buildings, which abut the adjacent street intersections, should be further enhanced and articulated so as not to look like rear elevations and that some of the man -doors should be relocated and/or screened properly. Discussion also focused on reducing signage on rear elevations and instead, locating the signage on entry monument signs. Upon considering staff's recommendation and hearing all public testimony, the Commission voted to continue the item to allow the applicant time to revise the rear building elevations and building signage and to research the feasibility of a larger single tenant. The Planning Commission considered the item again at its August 18, 2004 meeting. With regard to a large single tenant, the applicants again reiterated their preference to construct multi -tenant buildings. The project architect also identified several modifications that had been made to the rear building elevations in an effort to address the Commission's concerns including: 1. Relocation and or screening of man -doors 2. Application of secondary wall offsets to achieve enhanced articulation and screening of man -doors. 3. Application of decorative elements along upper portions of parapets to further break-up wall planes. 4. Consolidation of sign locations. 5. Application of metal canopies over man -doors for screening and interest. Upon considering the above building modifications and hearing all testimony, the Commission subsequently voted to deny the proposed Development Plan on a 3-2 vote with Commissioners Mathewson, Guerriero and Olhasso opposed. The Commissioners voted to deny the Development Plan given that the building plans still lacked significant articulation and interest for either motorists or pedestrians, and had been neither sited nor designed to enhance the prominent adjacent street intersection. APPEAL: On August 24, 2004, the applicant, MCA Architects, filed a formal appeal of the Planning Commission's denial of PA03-0723 (see Attachment 3). The appellant believes that a motel or large single retail tenant is not a viable option for the site. Moreover, the appellant feels that RAD P\2003\03-0723 Overland Retail Center\CCApplStReportOverland Retail.doc 2 their proposed building design and signage modifications/enhancements are adequate to address the architectural and aesthetic concerns expressed by the Commission given that the elevation of the project site is 7 to 12 feet below the adjacent street grades and is separated from the street intersection by both existing common area landscaping and a retaining wall. STAFF RECOMMENDATION: The Planning staff recommends that the City Council consider the whole administrative record including all prior oral, written and graphic testimony and the testimony presented at the public hearings conducted on August 4th and 18th, 2004 and adopt the resolution presented for its consideration, subject to any revisions which the City Council deems necessary or desirable. FINDINGS: The existing evidence in the record would supportthe City Council acting in support of the Planning Commission's decision. The findings areas set forth on the draft resolution in this packet. In the event the City Council makes additional findings these will be added to the final resolution. ATTACHMENTS: 1. Draft Resolution Denying the Appeal and Upholding the Planning Commission's Decision to Deny PA03-0723 2. Appeal of Planning Application No. PA03-0723 3. Planning Commission Resolution No. 2004-043 (Development Plan) 4. Approved Minutes from the August 18, 2004 Planning Commission Meeting 5. August 18, 2004 Staff Memorandum to Planning Commission 6. Approved Minutes from August 4, 2004 Planning Commission Meeting — Blue Page 7. August 4, 2004 Planning Commission Staff Report — Blue Page RAD P\2003\03-0723 Overland Retail Center\CCApplStfReportOvedand Retail.doc 3 ATTACHMENT NO.1 DRAFT RESOLUTION DENYING APPEAL AND UPHOLDING THE PLANNING COMMISSION DECISION TO DENY PLANNING APPLICATION NO. PA03-0723 RAD P\2003\03-0723 Overland Retail CenteACCApplStfReportOvedand Retail.doc 4 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA03-0723 (DEVELOPMENT PLAN) AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. PA03-0723 TO CONSTRUCT ESTABLISH AND OPERATE TWO SINGLE - STORY RETAIL BUILDINGS TOTALING 13,350 SQUARE FEET ON 1.3 ACRES LOCATED ON THE NORTHWEST CORNER OF OVERLAND DRIVE AND MARGARITA ROAD ALSO KNOWN AS ASSESSOR'S PARCEL NOS. 921-810-021, 029 & 921-830- 030. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. MCA Architects, filed Planning Application No. PA03-0723, a Development Plan, for the property generally located at the northwest corner of Overland Drive and Margarita Road also known as Assessor's Parcel Nos. 921-810-021, 029 & 921-830-030 ("Project"). B. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 2004-043 denying a Development Plan for the Project. C. On November 9, 2004, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. D. On November 9, 2004, the City Council of the City of Temecula denied an appeal of the Planning Commission decision to deny the Development Plan when it adopted Resolution No. 2004 Section 2. The City Council hereby makes the following findings as required in Section 17.05.010. F of the Temecula Municipal Code: Development Plan (17.05.010.F) A. The proposed use is not conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal, two retail buildings, is consistent with the uses permitted in the Service Commercial (SC) General Plan land use designation and the Temecula Regional Center Specific Plan (SP-7). However, the project site is located at a prominent intersection in the City and the buildings have been neither sited nor designed properly to adequately enhance this prominent location. Rear elevations of the buildings lack significant articulation and interest and do not serve to interact with either motorists or pedestrians on the abutting street frontages. Therefore, the project is not consistent with the design RAD P\2003\03-0723 Overland Retail Center\CCResotoDenyAppeaI.DOC guidelines of the Temecula Regional Center Specific Plan and the Citywide Design Guidelines. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and City staff prior to occupancy will inspect all construction. The Fire Department staff has also found the site design will provide adequate emergency access in the case of a need for emergency response to the site. Section 3. Environmental Compliance. Projects being denied do not require a CEQA finding. Section 4. The City Council of the City Of Temecula hereby denies the appeal, and uphblds the Planning Commission decision, to deny Planning Application No. PA03-0723, a Development Plan to construct, establish and operate two single -story retail buildings totaling 13,350 square feet on 1.3 acres. The subject property is located on the northwest corner of Overland Drive and Margarita Road; also known as Assessor's Parcel Nos. 921-810-021, 029 & 921-830-030. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 91" day of November, 2004 Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] RAD P\2003\03-0723 Overland Retail CenteACCResotoDenyAppeal.DOC STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 04-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 91n day of November, 2004 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk RAD P\2003\03-0723 Overland Retail Center\CCRe50t00enyAppeal.DOC EXHIBIT A CONDITIONS OF APPROVAL (DEVELOPMENT PLAN) RAD P\2003\03-0723 Overland Retail Center\CCResolutiontoApprove Appeal.DOC [VS:11-11ii_1 CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA03-0723 Project Description: A Development Plan to construct, establish and operate two single -story retail buildings totaling 13,350 on the northwest corner of Overland Drive and Margarita. DIF Category: TUMF Category: Assessor Parcel No.: Approval Date: Expiration Date: PLANNING DEPARTMENT Retail Commercial Commercial 21-810-021 & 029/921-830-030 November 9, 2004 November 9, 2006 Within Forty -Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. The permittee/applicant shall indemnify, defend with counsel of City's own election, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought RAD P\2003NO3-0723 Overland Retail CenteACCResolutiontoApprove Appeal.DOC forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. 3. This approval shall be used by the Expiration Date noted above; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 4. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Planning Department Additionally, the following criteria must be met prior to development of the project: a. All ground mounted utility/mechanical equipment shall be located such that they are not placed in prominent locations visible to the public. b. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of acceptable placement of the transformer and the double detector check prior to final agreement with the utility companies. C. In accordance with the Temecula Regional Center Specific Plan, the double detector check assembly shall be installed underground. 5. Any outside wall -mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. All parking lot lights and other exterior lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. Wall pack style light fixtures shall not be utilized. 6. Parking lot lights shall be consistent with the standards used throughout the mall which include a dark bronze round tapered pole with a mounded height of twenty to thirty-five (20-35) feet. Building elevations shall substantially conform to the approved Exhibit "E" (Building Elevations), contained on file with the Planning Department. All mechanical and roof - mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. a. Landscaping shall substantially conform to the approved Exhibit "F (Landscape Plan). Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. RAD P\2003\03-0723 Overland Retail CenteACCResolutiontoApprove Appeal.DOC 8. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Color Field Color: Frazee "Burma Buff' 8201 W Accent Color: Frazee "Tobacco Road" 8214M Accent Color: Frazee "Spanish Gold" 7745D Accent Color: Frazee "Brass Bucket" 8205D Cornice Color Frazee "Autumn Wheat' 8225D Rotunda Veneer: Limestone Plaster w/ Natural Veining to Match Adjacent Buildings Aluminum Storefront: Frazee "Elm Court' 8595D Glass: 1/4' Uncoated Veralux Green 2000 by Visteon Exterior Lighting: D.M. Lighting Model # 4920 & Stanza Model # 5301 Metal Canopies: Chemtal Brushed Stainless # 710 9. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The addresses(s) shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 10. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. Prior to the Issuance of Grading Permits 11. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 12. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "E", the colored architectural elevations to the - Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 13. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved Exhibit "H1" and "H2," or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans RAD Pt2003103-0723 Overland Retail CenteACCResolutiontoApprove Appeal.DOC shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. C. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). Prior to the Issuance of Occupancy Permits 14. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 15. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. 16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS General Requirements 17. A Grading Permit for precise grading, including all on -site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City -maintained street right-of-way. 18. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 19. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 20. The Developer shall construct public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: sidewalk, storm drain facilities and sewer and domestic water systems RAD P\2003\03-0723 Overland Retail CenteACCResolutiontoApprove Appeal.DOC Prior to Issuance of a Grading Permit 21. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 22. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 23. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 24. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 25. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NO[) has been filed or the project is shown to be exempt. 26. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Planning Department b. Department of Public Works C. Temecula Fire Prevention Bureau 27. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 28. The Developer shall obtain any necessary letters of approval or slope easements for off - site work performed on adjacent properties as directed by the Department of Public Works. 29. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. RAD Pt2003\03-0723 Overland Retail CenleACCResolutiontoApprove Appeal.DOC Prior to Issuance of a Building Permit 30. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: 31. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. 32. All street and driveway centerline intersections shall be at 90 degrees. 33. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 34. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 35. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 36. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District C. Department of Public Works 37. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 38. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING DEPARTMENT 39. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 40. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the RAD P\2003\03-0723 Overland Retail Center\CCResolutiontoApprove Appeal.DOC 10 time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 41. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street -lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 42. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 43. Obtain all building plans and permit approvals prior to commencement of any construction work. 44. Obtain street addressing for all proposed buildings prior to submittal for plan review.\ 45. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 46. Provide disabled access from the public way to the main entrance of the building. 47. Provide van accessible parking located as close as possible to the main entry. 48. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 49. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 50. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 51. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 52. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 53. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 54. A pre -construction meeting is required with the building inspector prior to the start of the building construction. 55. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 56. Show all building setbacks. RAID P\2003\03-0723 Overland Retail Center\CCResolutiontoApprove Appeal.DOC 11 57. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one -quarter mile of an occupied residence. Monday -Friday 6:30 a.m. — 6:30 p.m. Saturday 7:00 a.m. — 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 58. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 59. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1125 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 1975 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III -A) 60. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on -site and off -site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 450 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 61. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on -site and off -site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 450 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B). 62. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on -site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) RAD P\2003\03-0723 Overland Retail Center=ResolutiontoApprove Appeal.DOC 69 63. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020) 64. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 65. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 66. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) 67. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 68. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 69. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 70. Prior to building construction, this development shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 71. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 72. Prior to issuance of a Certificate of Occupancy or building final, 'Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 73. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi -family residential and RAD P\2003\03-0723 Overland Retail Center=ResolutiontoApprove Appeal.DOC 13 industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi -family residential units shall have four (4) inch letters and /or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 74. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 75. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 76. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 77. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 78. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 79. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 80. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high -piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high -piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. (CFC Article 81) 81. Prior to the building final, speculative buildings capable of housing high -piled combustible stock, shall be designed with the following fire protection and life safety RAD Pt20=03-0723 Overland Retail CenteACCResolutiontoApprove Appeal.DOC 14 features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high -piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) 82. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) Special Conditions 83. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland-vegetation interface. (CFC Appendix II -A) 84. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II -A) 85. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA —13, 24, 72 and 231-C. 86. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 87. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 88. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES DEPARTMENT General Conditions 89. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. RAD P\2003\03-0723 overland Retail Center\CCResolutiontoApprove AppeaLDOC 15 90. The Applicant shall comply with the Public Art Ordinance. 91. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 92. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 93. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Applicant's Printed Name Date RAD P\2003\03-0723 Overland Retail Center\CCResolutiontoApprove Appeal.DOC 16 ATTACHMENT NO. 3 APPEAL OF PLANNING APPLICATION NO. PA03-0723 RAD P\2003\03-0723 Ovedand Retail Center\CCAppIStfReportOverland Retail.doc 6 City of Temect_a Community Development Department 43200 Business Park Drive • Temecula • CA • 92590 P.O. Box 9033, Temecula • CA • 92589-9033 (909) 694-64M • FAX (909) 694-6477 Original Case Number(s) PA 0 3- 0 7 2 3 Ate Stamp [SCENE AUG 2 4. 2004 D The purpose of the appeal procedure is to provide a method of recourse for persons aggrieved by or dissatisfied with an action taken by an administrative agency of the City in the administration or enforcement of any provisions of the Development Code. .�1 1► i'j�i�Y 11: u1�I�Y 1. Development Application. 2. Appeal Form.. 3. Filing Fee. 91W • aril w win't M I Iul IuIY A notice of an appeal by any individual who is aggrieved by or dissatisfied with a decision made by him or in his behalf, or with any action, order, requirement, decision or determination shall not be acted upon unless filed within fifteen (15) calendar days after service of written notice of the decision. MEMINIGIMIARMCFA Appealing the decision of: Planni na Conriission action date 8-18-04 (Specify Director of Phoning or Planning Commission AND Action Date) Specify exactly what is being appealed: Failure of Planning Commission to approve the Applicant's revised plans as presented on August 18, 2004. a:VAGANW PenlCVs ,J 7/16/97 u 1 Reason or justification to support the appeal. Appellant must submit with this appeal each issue which the appellant alleges was wrongly determined together with every agreement and a copy of every item of evidence. (Attach separate sheet of paper if necessary). See attached revised plans submitted to the Planning Commission on August 18, 2004. In the event any Notice of Appeal applicant fails to answer any information set forth above, then the request will be returned to the appellant, with a statement of the deficiencies. The appellant shall be allowed five (� calendar days in which to refile the notice of anneal_ A-1FA6yly��IPPISLILPP.I�YP 7116/97 k 2 The Applicant's plans were originally filed for Planning Commission approval on 12-19-03. Staff recommended that the Planning Commission approved the proposed plans at its August 4, 2004 meeting. At this August 4t' meeting, the Planning Commission requested further design refinements to the proposed building. The refinements were provided at the August 18, 4004 meeting, and were acknowledged as responsive by three Commissioners. However, the Commission as a whole was unable to reach consensus regarding the use change for the pad from hotel/retail to retail. Hotel is no longer a feasible use for the pad. The retail configuration proposed for the pad is appropriate because the pad is located between the existing office building and the corner of the site, and because the pad is located well below the adjacent intersection at Margarita and Overland and is separated from intersection by existing landscaped common area and retaining wall. ATTACHMENT NO.4 PLANNING COMMISSION RESOLUTION NO.2004-043 (DEVELOPMENT PLAN) RAD P\2003\03-0723 Overland Retail Center\CCApplStfReportOverland Retail.doc 7 PC RESOLUTION NO.2004-043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA03- 0723, A DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE TWO SINGLE -STORY RETAIL BUILDINGS TOTALING 13,350 SQUARE FEET ON 1.3 ACRES. THE SITE IS GENERALLY LOCATED ON THE NORTHWEST CORNER OF OVERLAND DRIVE AND MARGARITA ROAD ALSO KNOWN AS ASSESSORS PARCEL NOS. 921-810-021 & 029/ 921-830-030. WHEREAS, STDR Architects, filed Planning Application No. PA03-0723, Development Plan "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on August 4, 2b04 and August 18, 2004, at duly noticed public hearings as prescribed bylaw, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the August 18, 2004 Commission hearing and after due consideration of the testimony, the Commission denied Planning Application No. PA03-0723; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OFTEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. The Planning Commission, in denying the Application hereby makes the following findings as required by Section 17.05.01 OF of the Temecula Municipal Code: Development Plan (Section 17.05.01OF) A. The proposed use is not in conformance with the General Plan and with all applicable requirements of state law and other City ordinances. The proposal, two retail buildings, is consistent with the uses permitted in the Service Commercial (SC) General Plan land use designation and the Temecula Regional Center Specific Plan (SP-7). However, the project site is located at a prominent intersection in the City and the buildings have been neither sited nor designed properly to adequately enhance this prominent location. Rear elevations of the buildings lack significant articulation and interest and do not serve to interact with either motorists or pedestrians on the abutting street frontages. Therefore, the project is not consistent with the design guidelines of the Temecula Regional Center Specific Plan and the Citywide Design Guidelines. B. The overall development of the land is designed for the protection of the public RAD P\2003\03-0723 Overland Retail Center\Denial Resolution.dw health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and City staff prior to occupancy will inspect all construction. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. Section 3. Environmental Compliance. Projects being denied do not require a CEQA finding. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 180' day of August 2004. \4 John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004-043 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1 e day of August 2004, by the following vote of the Commission: AYES: 3 PLANNING COMMISSIONERS: NOES: 2 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: RAD P\2003\03-0723 Overland Retail CenterTenial Resoludon.doc 2 Guerriero, Mathewson, Olhasso Chiniaeff, Telesio None None Debbie Ubnoske, Secretary ATTACHMENT NO. 5 APPROVED MINUTES FROM THE AUGUST 18, 2004 PLANNING COMMISSION MEETING RAD P\2003NO3-0723 Overland Retail Center\CCAppIStfReportOverland Retail.doc 8 Mr. Oberhansey, Commissioner Chiniaeff relayed that the Planning Commission and staff couraging the large building on the proposed site and/or if the will is to have multiple Jin_ the desire would be to have a campus -type setting. For the Con-irtiksion, Director of Planning Ubnoske noted that if the language in E. Performance Standard is a cofteIrn and the Planning Commission concurs, E. Performance Standards could be deleted. Mr. Oberhansey noted his a reciation and relayed that the proposed project will be a great benefit to the Community. At this time, the Public Hearing was MOTION: Commissioner Mathewson move approve staff's recommendation based on modification to the language on Paragraph 4 as ' ected by the Planning Director and clarification to E. Performance Standard in regard toMksiness growth opportunity language and the two changes to the language of the ordinance. Com 'ssioner Guernero seconded the motion and voice vote reflected unanimous approval. 5 PC RESOLUTION NO. 2004-042 A RESOLUTION OF HTEPLANNING COMMISSION 191\ THE CITYOF TEMECULA RECOMMENDING THAT THE VkTY OCUNCIL ADOPT AN ORDINANCE ENTITLED "AN, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR MULTIPLE OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES". (PLANNING APPLICATION 04-0477) Drive and Margarita Wav Associate Planner Harris presented a staff report (of record), noting the following: That the Planning Commission expressed concerns at the August 4, 2004 meeting, noting the following; o That because the subject property is located at a prime intersection, the street elevation of the building should consist of enhanced architecture; o That the proposed buildings turn their backs to the street frontages and should have store fronts with down lighting; o That the man -doors are visible from the street frontages; and that enhanced articulation, canopies and/or landscaping should be used to screen; o That a row of signage should be discouraged along street frontages; RAMinutesPC\081804 3 o That the type of retail uses proposed could be problematic; At this time, the Public Hearing was opened. Ms. Vandana Kelkar, representing the applicant relayed the following: • That since the August 4, 2004 Planning Commission meeting, the applicant has made great effort to address the Commission's concerns noting the following revisions: o That some man -doors have been relocated to achieve greater screening; o That arched vegetated trellis structures have been added on top of abutting retaining walls to achieve screening of man -doors; o That secondary wall offsets have been provided on portions of the elevations with greater length and deeper 3-footwide columns have been incorporated to achieve enhanced articulation and screening or doors; o That decorative elements have been added along upper portions of parapets to break up stucco wall planes; o That signs have been consolidated and/or relocated to reduce row or signage" appearance; o That wider metal canopies with support bars have been added to screen doors and provide interest. For Commissioner Guerriero, Ms. Kelkar relayed that retail -type tenants have been approved for the zone but that the applicant will also be encouraging restaurant -type tenants. Commissioner Chiniaeff expressed concern with the "row of signage" type appearance and would strongly encourage that the applicant explore the possibility of monument signage. Mr. Allan Abshez, representing OCC, noted that there is a restriction in the CC&Rs for the center that limits the monument signage; and that the applicant is willing to buy back individual signs to the Planning Commission as the applicant acquires tenants. Commissioner Chiniaeff relayed that he is not desirous of individual signs for individual tenants spread across the building; but rather monument signage for each frontage with the listing of tenants. For Commissioner Chiniaeff, Mr. Abshez relayed that he would need to consult with the applicant to inquire if grouping the tenants on monument signage would be a possibility. For Commissioner Guerriero, Associate Planner Harris relayed that staff has not reviewed the CC&Rs but that there is a sign program that has freestanding signs permitted. Mr. Harris also relayed that staff has a condition that the applicant would need to return to the Planning Commission with a sign program noting that a sign program has not been analyzed at this time. Mr. Jeffrey Ostromel, representing Schultz Financial Group, relayed the following information: • That there will be two retail buildings within the Overland Corporate Center do have an overall sign program; • That CC&Rs limit where signs can be placed; RAMinutesPC\081804 • That the applicant could possibly explore the possibility of the clustering concept, adding a cluster on each building; • That the applicant is not concerned with the name of the building but rather it is more important that the tenants acquire recognition. For Mr. Ostromel, Commissioner Chiniaeff relayed that most CC&Rs have a provision whereby the applicant can request for something different and queried if the applicant has gone down this avenue. In response to Commissioner Chiniaeff, Mr. Ostromel noted that the sign program has been in place for sometime and that the applicant is only a minor member, advising that there are five other owners; and that the applicant has not requested monument signage from CC&R. For Mr. Ostromel, Commissioner Chiniaeff noted that he understands that the applicant is only a minority holder of the complex but suggested that he return to the Board and explore the possibility of obtaining monument signage on both sides of the entrances. Commissioner Chiniaeff also relayed that he would be inclined to move forward with the architecture only and that this would give the applicant an opportunity to explore the possibility of adding monument signs. For Commissioner Mathewson, Mr. Ostromel relayed that it would be his opinion that there is no language in the CC&Rs that would prohibit landscaping from blocking the site line but rather it is an issue that would be negotiated with every tenant. For the Commission, Ms. Ubnoske noted that staff is requesting approval of the Development Plan. Mr. Harris further clarified that the approved site plan indicated that either a motel or restaurant would be developed on the pad; and that if the uses were to change, the applicant would need to return to the Planning Commission for approval; and that the Commission would be acting on the condition to change the land use as well. Commissioner Olhasso noted that she would be desirous of bronze lettering for signage and would not want to see any colors, lights, or channels noting that this would only lessen the esthetically pleasing architecture of the building. Commissioner Telesio relayed suggested that signage be consistent in shape and color and queried why the applicant would be installing signage in the back of the building noting that in time it would be screened by mature trees. For Chairman Telesio, Mr. Ostromel noted that the applicant will ensure that all signage is consistent. At this time, the Public Hearing was closed. COMMISSION DISCUSSION Commissioner Mathewson relayed that he appreciates the applicant's efforts in responding to the comments raised at the last Planning Commission meeting, but that he would desire more enhancements; and suggested that there be uses that do not turn their back to the street but rather embrace it, such as pedestrian access and activities along Overland and Margarita Road; relaying that he cannot support the proposed project at this time. RAMhutesPC\081804 5 Commissioner Guerriero echoed Commissioner Mathewson's comments noting that more enhancements are necessary and cannot support this project at this time. Commissioner Chiniaeff relayed that due to the grade, it is a site specific problem, and is of the opinion that the applicant has already made great effort to address the Commission's concern and would approve the architecture subject to the applicant returning to the Planning Commission with a sign program that addresses the Commission's concerns i.e. monument signage. Chairman Telesio echoed Commissioner Chiniaeff's comments in regard to the site and noted that he would prefer to see enhanced landscaping in the back of the building, the use of uniform signage and is also willing to approve the proposed project as is with the condition that the applicant returns with a sign program. At this time, the Public Hearing was reopened. For Commissioner Mathewson, Mr. Ostromel relayed that the applicant is prohibited from adding another restaurant in the Red Lobster Building; that currently the applicant has not signed any leases for the project; that the applicant has parking spaces at a maximum; and that the intent of the applicant was to have uses that would service the users. Mr. Vincent Dedonado, landscape architect clarified that the landscaping that has been reviewed is already existing landscape; that no other landscaping is being added; that when the project was designed, it was to give a back -drop to the monument sign that currently exists. At this time, the Planning Commission took a five minute break. Ms. Vandana Kelkar per Power Point Presentation, presented photo simulations of the front of the building, noting that the applicant has gone to great effort to carry the front elements of the building to the back. For Mr. Ostromel, Commissioner Mathewson relayed that by what is currently being proposed, the applicant is already excluding a single -user. Ms. Kelkar relayed that because the way the site is laid out, it dictates that it be one "L" shaped building or two smaller buildings. For Commissioner Mathewson, Mr. Ostromel relayed that the project was never set up as a pad lease like the Red Lobster building, and that the brokers are seeking multi-user and single -user tenant. For the Commission, Mr. Ostromel relayed that the applicant did explore other possibilities of trying to design the use of the overall site and that the proposed project is what seemed to be the best plan; and that in regard to the back elevation, Mr. Ostromel is of the opinion that the applicant has made great efforts to address the Planning Commission's concerns stating that the proposed is a high quality building and respectfully requests action be taken. In response to Mr. Ostromel, Commissioner Mathewson relayed that he has never referred to the proposed building as a low -quality building and relayed that there are many examples that display rear buildings that carry front -building elements and is of the opinion that the proposed project is not where it could be and is not inclined to move forward at this time. RAMinutesPC\081804 6 At this time, the Public Hearing was closed. With respect to Commissioner Mathewson's concerns, Commissioner Chiniaeff is of the opinion that the trellis' that were added to screen man -doors, the terracing along the wall on the street, metal canopies with support which screen doors and provide interest, and the existing landscaping are enhancements to the back of the building. Commissioner Guerriero reiterated that his concerns were that the back of the building will be seen from Overland down to Winchester Road and is of the opinion that more can be done to enhance the rear of the building. Chairman Telesio noted that he does not see the gain by sending this item back and is in favor Of approving this project as presented with the condition that the applicant returns to the Planning Commission with a sign program. At this time, the Public Hearing was closed. MOTION: Commissioner Chiniaeff moved to approve the proposed project subject to a sign program returning to the Planning Commission for approval; that the applicant explores the possibility of monument signage; and that consideration is taken to single letter brass lettering. Chairman Telesio seconded the motion (at this time Ms. Kelkar was asked to step forward). Ms. Kelkar relayed that the applicant would be in agreement with the Conditions of Approval. And voice vote reflected denial with Commissioner's Guerriero, Mathewson, and Commissioner who opposed. Per the request of Ms. Ubnoske, the Public Hearing was reopened. For the record, Mr. Ostromel reiterated that he appreciates the Commission's comments but will be pursuing the appellate process. Commissioner Olhasso noted for the record that the Commission was in acceptance of the site plan, understanding of the market conditions, and the overall restrictions for single retail use. New Items 0 Associate Planner Kitzerow presented'a staff report (of record), noting the following: • That the Wolf ek Specific Plan requires Planned Development Guidelines be reviewe d approved by the Planning Commission when courtyard homes are R1MinutesM081804 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: Planning Commission FROM: Matt Harris, Associate Planner DATE: August 18, 2004 SUBJECT: Overland Retail Buildings Rear Elevation Modifications _i ORIGINAL On August 4, 2004 the Planning Commission considered Planning Application No. 03-0723, a Development Plan to construct two retail buildings within the Overland Retail Center located at the northwest corner of Margarita Road and Overland Drive. Upon hearing the staff recommendation and taking public testimony,the Commission voted to continue the item based on the following concerns: • The subject property is located at a prime intersection and the street elevations of the buildings should consist of enhanced architecture. • The proposed buildings turn their backs to the street frontages. Rears of buildings should have store fronts with down lighting. • Man -doors are visible from the street frontages. Enhanced articulation, canopies and/or landscaping should be used to screen. • A row of signage should not be established along the street frontages. • The types of retail uses proposed could be problematic. Subsequent to the August 4"' meeting, the project architect has provided revised rear (street frontage) elevations. The following modifications have been made in an effort to address the Commission's concerns: • Some man -doors have been relocated to achieve greater screening. • Arched vegetated trellis structures have been added on top of abutting retaining walls to achieve screening of some man doors. • Secondary wall offsets have been provided on portions of the elevations with greater length and deeper 3-foot wide columns have been incorporated to achieve enhanced articulation and screening of doors. • Decorative elements have been added along upper portions of parapets to break up stucco wall planes. • Signs have been consolidated and/or relocated to reduce "row of signage" appearance. RAD17 2003\03-0723 Overland Retail CenterWodification Memo.dot 1 Wider metal canopies with support bars have been added to screen doors and provide interest. hepreviouslysubmitted conceptual landscaping plan has not been modified. ATTMCHMENTS, .+ Revised Plan Packet — Blue Page 3 R:tDPt2003103-0723 Overland Retail Center\Modification Memo.dot 2 ATTACHMENT NO.1 REVISED PLAN PACKET R:tDPt2003\03-0723 Overland Retail Center\Modification Memo.dot 3 r 1 --j-- AL ATTACHMENT NO. 6 AUGUST 18, 2004 STAFF MEMORANDUM TO PLANNING COMMISSION RAD P\2003\03-0723 Overland Retail Center\CCApplStfReportOvedand Retail.doc 9 i 40 Itl SIDE -ELEVATION EAST ELEVATION -MARGARITA RD.(AFTER W/ LANDSCAPE) EXTERIOR EAST ELEVATION BEFORE A AFTER BLDO. A A BLDO. S ,�,,,�, � SI I a i OVERLAND RETAIL CENTER ACA mow., Z SOUTH. ELEVATION•, OVERLAND DRIVE ( AFTER Wl LANDSCAPE) EXTERIOR SOUTH ELEVATION• BEFORE i AFTER SLOG. A A BLDG. B _ BEET Y OF OVERLAND ,.....,..�,, _ RETAIL CENTER d4ff� � u mnv ana d emv V wwi rsMd 9MCE IEWBB!! 9IECN.L1lAT1�M wew m. ,wrvn. mdvww i� ¢ 01511 H em.n v.o. ord .sou V.D. .o,..n. SHE sMccr L-1 of ' sne'is PRELIMINARY PLANTING PLAN JOB NO. oo-va ATTACHMENT NO.7 APPROVED MINUTES FROM THE AUGUST 4, 2004 PLANNING COMMISSION MEETING RAD P\2003\03-0723 Overland Retail Center\CCApplStfReportOverland Retail.doc 10 to no speakers at this time, the Public Hearing was closed. Commissioner NINkewson expressed excitement with the proposed project. MOTION: Commission Mathewson moved to approve staff's recommendation. Commissioner Chiniaeff sec ed the motion and voice vote reflected approval with the exception of Commissioner 9ftriero who was absent. PC RESOLUTION NO.2004-040 A RESOLUTION OF THE PLAN G COMMISSION OF THE CITY OF TEMECULA APPR ING PLANNING APPLICATION NO. PA02-0661, A CO ZONAL USE PERMIT AND DEVELOPMENT PLAN TO CO RUCT A 12,610 SQUARE FOOT TWO-STORY CHURCH F LITY ADDITION CONSISTING OF SANCTU , CLASSROOMS, OFFICES, MULTI -PURPOSE ROOM, REMODELED MAIN ENTRANCE, AND PAD FOR FUTURE PARSONAGE ON 5.0 ACRES. THE SITE IS LOCATED AT31087 NICOLAS ROAD KNOWN AS ASSESSORS PARCEL NO.914-510-009 10 Planning Application PA03-0723 a Development Plan, submitted by MCA Architects, to construct two single -story retail buildings consisting of 6,480 and 6,870 square Associate Planner Harris presented a staff report (of record), noting the following: • That in July 2001, the Planning Commission approved a Development Plan for the Overland Corporate Center Complex; • That the approved site plan indicated that either a motel or restaurant would be developed; that Condition of Approval No. 7 of the Development Plan requires that the Planning Commission review and approve any changes to the approved building types; • That contemporary architecture has been utilized for the complex; • That there are 332 parking spaces required by the Development Code; and that upon development, the applicant will be proposing 354 parking spaces for the Center; RAMinutesPC\080404 • That staff determined that the project is consistent with the General Plan and conforms to the Temecula Regional Center Specific Plan and City-wide Design Guidelines. For Commissioner Chiniaeff, Mr. Harris noted that there is a Condition of Approval that requires the applicant to amend the existing sign program within the Center to accommodate the retail uses. For Commissioner Mathewson, Mr. Harris noted that it is the intent of the applicant to have one of the tenants be a restaurant. At this time, the Public Hearing was opened. Ms. Vandana Kelkar representing MCA Architects, relayed that the applicant would be willing to consider adding more trees along both frontages of the building. Mr. Jeffrey A. Ostromel, representing the Overland Corporate Center Complex, relayed that one of the restrictions in the CC&Rs will not allow the applicant to put more than 2200 square feet of restaurant in one building. At this time, the Public Hearing was closed. Commissioner Chiniaeff expressed concern with the back side of the buildings stating that the subject property is located at a prime intersection of the City and that street elevations of the buildings should consist of enhanced architecture and that some of the man -doors should be relocated and/or screened properly. For Commissioner Olhasso, Ms. Ubnoske relayed that signage is not a part of the approval and that the applicant will need to return with a sign program. For Ms. Ubnoske, Commissioner Olhasso suggested that the sign program be conditioned to return to the Planning Commission versus staff and/or Planning Director. Commissioner Mathewson echoed Commissioner Chiniaeff's concerns. For Ms. Ubnoske, Commissioner Chiniaeff relayed that he is not opposed to the architecture but rather the way it will be used on a very prime corner of the City. Commissioner Mathewson relayed that he would prefer that the applicant explore other uses such as a restaurant rather than retail. Commissioner Olhasso suggested that staff and the applicant work with an experienced broker to explore possible tenants who would occupy more space such as large furniture store and a large restaurant. RAMinutesPC\080404 10 MOTION: Commissioner Chiniaeff moved to continue this item and have the applicant work with staff to revise the elevations and address the above mentioned concerns. Commissioner Olhasso seconded the motion and voice vote reflected approval with the exception of Commissioner Guerriero who was absent. 11 Smith and Avenida De Missiones Senior Planner Papp presented a staff report (of record), noting the following: • That the owner of the Temecula Creek Village project is requestingA revise the schedule of permitted uses in the Village Commercial area; and thA the applicant is also requesting a modification to allow copy/blue print duplic n services; • That currently the Village project is under construction ayA the owner has had inquiries from several potential tenants concerning t use of alcohol in the Village area; • That the applicant has expressed concerns t t it will be difficult for certain businesses such as restaurants, delicatesse , and floral/gift basket shops that may want to feature local wines in gift baskXs; • That in reviewing the schedule of pe itted uses in the PDO, staff discovered inconsistencies with the use matri , and staff is recommending the deletion of footnote No. 7 and mini -storage mini -warehouse in the use matrix. For Commissioner Chiniaeff, Mr. apes relayed that although Rancho Community Church is located directly acros the street from the project, at the time when the site plans were scaled -out, /salweie nce from the front doors of any of the store front that could have this type of at least 650 feet away from the proposed sanctuary and classroom spaces. For the Commissio , Mr. Papp relayed that it was never intended to allow mini -storage at the proposed ' e; and that the intent is to operate a small scale Kinko's type store. At this time,ll'ie Commission took a five-minute break. 10 Commissioner Chiniaeff moved to approve staff's recommendation. 1ssioner Mathewson seconded the motion and voice vote reflected approval with exception of Commissioner Guerriero who was absent and Commissioner sso who abstained. RAM1nutesPC\080404 11 ATTACHMENT NO. 8 AUGUST 4, 2004 PLANNING COMMISSION STAFF REPORT RAD P\2003\03-0723 Overland Retail Center\CCAppIStFReportOvedand Retail.doc 11 STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: August 4 2004 Prepared by: Matthew Harris ORIGINAL Title: Associate Planner File Number PA03-0723 Application Type: Development Plan Project Description: PA03-0723 a Development Plan to construct two single -story retail buildings consisting of 6,480 and 6,870 square feet respectively on two parcels totaling 1.3 acres located at the northwest corner of Overland Drive and Margarita Road. Recommendation: ® Approve with Conditions (Check One) ❑ Deny ❑ Continue for Redesign ❑ Continue to: ❑ Recommend Approval with Conditions ❑ Recommend Denial CEQk ® Categorically Exempt 15162, Subsequent EIR (Check One) ❑ Negative Declaration ❑ Mitigated Negative Declaration with Monitoring Plan ❑ EIR RAD P\2003\03-0723 Overland Retail CenterWAFFREPORTAm 1 PROJEC AWNRRI Applicant: MCA Architects Completion Date: December 19, 2003 Mandatory Action Deadline Date: August 15, 2004 (With Extension) General Plan Designation: Service Commercial (SC) Zoning Designation: Tem. Regional Center (SP 7) Site/Surrounding Land Use: Site: Vacant North: Office South: Vacant East: Single - West: Restaun Lot Area: Parcel 3 - .72 Acres/Parcel 4 - .58 Acres Total Floor Area/Ratio N/A per Specific Plan Landscape Area/Coverage 14,237 sq. ft./25% Parking Required/Provided 332 Spaces Required (Entire Center)/ 354 Provided (Entire Center) BACKGROUND SUMMARY 01. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. (or) ❑ 1. Staff has worked with the applicant to ensure that all concerns have been addressed, however, the following issues have not been resolved to the satisfaction to staff. RAD P\2003\03-0723 Overland Retail Center\STAFFREPORT.doc ® 2. The attached "Project Review Worksheet " (Attachment A) has been completed and staff has determined that the proposed project is consistent with the General Plan, City- wide Design Guidelines, the Temecula Regional Center Specific Plan Specific Plan and the Development Code. (or) ❑ 2. The attached "Project Review Worksheet" (Attachment A) has been completed and indicates that staff cannot make all the findings of consistency required for approval. ANALYSIS In July of 2001, the Planning Commission approved a Development Plan for the Overland Corporate Center complex. The approved site plan indicated that either a motel or restaurant would be developed on this 1.3 acre pad. Instead of building one of those options, the applicants are now proposing to develop two retail buildings totaling 13,350 square feet. Condition of Approval No. 7 of the Development Plan required that the Planning Commission review and approve any changes to the approved building types. The project conforms with all applicable development standards including parking, landscaping and setback requirements. Parking requirements were determined based on existing and future uses throughout the entire Overland Corporate Center. The following analysis is provided: • Future and Existing Office Buildings A1,13-1, C-1, D-1 & G1 - 56,000 Sq. Ft. • Building A & B Retail - 13,350 Sq. Ft. • Restaurant F1 - 7,500 Sq. Ft. The Regional Center Specific Plan requires 4 spaces/1,000 SF Office and 5 spaces/1000 SF Retail & Restaurant. Based on the existing and future uses on site listed above, staff has determined that 332 parking spaces are required to serve the entire center. A total of 354 spaces will be provided. Should the future office use on Pad A-1 change, the proposed size or intensity must conform to available onsite parking requirements. Reciprocal parking and access easements have been established between adjacent parcels within the center. A contemporary architecture has been utilized for the complex. Staff believes the retail buildings are consistent with applicable provisions of the Temecula Regional Center Specific Plan and City -Wide Design Guidelines. While the architectural style of the buildings do not match the existing office buildings or the future restaurant, which has a separate style, staff believes the buildings are compatible with existing development within the Center and serve as an attractive addition to the complex. Staff worked with the applicant to achieve a variety of project enhancements including the application of faux stone painting on the rotunda element, increased decorative column projections along rear elevations and a more formalized outdoor courtyard to include a water feature. Staff has determined that overall, the project is consistent with the General Plan and conforms with the City -Wide Design Guidelines and development standards specified in the Temecula Regional Center Specific Plan. RAD P\2003W3-0723 Overland Retail Cente6STAFFREPORT.doe 3 ❑ 1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (Class, name, type) (or) 01. The proposed project has been determined to be consistent with the previously approved Regional Center Environmental Impact Report and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION Staff has determined that the project is consistent with the General Plan and conforms with the Temecula Regional Center Specific Plan and City -Wide Design Guidelines. Therefore, staff recommends that the Planning Commission approve the proposed retail buildings subject to the attached conditions of approval. FINDINGS Development Plan (Code Section 17.05.01 OF The proposed use is in conformance with the General Plan, Temecula Regional Center Specific Plan and with all applicable requirements of State law and other City ordinances. The plan to develop two retail buildings totaling 13,350 square feet is consistent with the Temecula Regional Center Specific Plan and the City -Wide Design Guidelines. Moreover, the proposed plan, as conditioned, incorporates architectural and landscape designs, which will achieve the City's General Plan Community Design Goal #3, `Preservation and enhancement of the positive qualities of individual districts or neighborhoods The retail buildings comply with all applicable development standards of the Temecula Regional Center Specific Plan and Development. Code including off-street parking and landscaping requirements. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and prior to occupancy, City staff will inspect all construction. The site design will provide adequate emergency access in the case of a need for emergency response to the site. RAD P\2003%03-0723 Overland Retail CenterkSTAFFREPORTAm ATTACHMENTS Plan Reductions — Blue Page 6 2. Project Review Worksheet — Blue Page 7 3. 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N0. 30tOB 4 xn. nAw®mvaxooravaxQu�c..i - ' ' . !f)FD9MY[YSE pAbY G51V wn J 2SE GRADING PUN FOR PA 00->< 5 OYFRLAND CORPORATE CENTER PARCEL 22 OF P.4. NO. W208 OVEnwro Dro . BMOC FgKKM* W I F aiv,m va. .w..ue xwt tIMb2 vn aoh: tt-xt-w .. L-I V11116P el t.hwb PREUMINARY PLANMG PLAN JOB W. m-xt.. eu:.:usea aule�4.�i.'a�^s.. .:.:.: c..::,, ., :u.. ATTACHMENT NO.2 PROJECT REVIEW WORKSHEET RAD P\2003W3-0723 Overland Retail CentcMTAFFRFPORT.doc 7 PROJECT REVIEW WORKSHEET Development Plan Commercial Planning Application Number: t73- 072-�, 1. General Plan Designation: Sera; e rrSal Consistent? Yes 2. Zoning Designation: T m,aeaG �c r SP—t7 Consistent? 3. Environmental Documents Referred to in Making Determination: General Plan EIR 0 Sensitive Biological Habitat Map ® Sensitive Archeological Area Map ® Sensitive Paleontological Area Map Fault Hazard Zone Map Subsidence/Liquefaction Hazard Map 100 Year Flood Map ® Future Roadway Noise Contour Map ❑ Other (Specify) ❑ Previous EIR/N.D. (Specify Project Name & Approval Date): fe, tN Sff�rn,N V e rlkZ SO: c Wic Vr- . ❑ Submitted Technical Studies (Specify Name, Author & Date): ❑ Other: 4. Environmental Determination: W Exempt ❑ Mitigated Negative Declaration ❑ Negative Declaration ❑ EIR ff 10 Day Review 5. General Plan Goals Consistency: Consistent Inconsistent ❑El El . ❑ 20 Day Review Land Use Circulation Housing ❑ 30 Day Review R:\FORMS\STAFF REPORTSTROJECT REVIEW WORKSREET.cov cial.dot 1 PROJECT REVIEW WORKSHEET Development Plan Commercial Consistent Inconsistent ❑ OS/Conservation ❑ Growth Management/Public Facilities ® ❑ Public Safety ® ❑ Noise ❑ Air Quality ❑ Community Design ❑ Economic Development 6. City-wide Design Guideline Consistency: ❑ Site Planning: A. How does the placement of building(s) consider the surrounding area character?-r'w.proicc�-si}ccongis-)r,c,�CWWnfottrlaJ CerAorrizC�,}e✓Cor,Plgr.TlcJR--isrvwtrWN nls �bc� on•F.ScyZi�c.bviWi Taccw�cal-is�o..sSslcw}_�./i1-I+te.�vir-- jv tdj„y and landscgQtirj B. ow do he srubc�uresint`erface`with adjoining proper5tiesio avoid crea'�ing' nuisances and hazards? 1 P•++err'ssNc The SevYiCc. �ecilSkeS-FvY }lc T+vllc�rr. l'1A�c-tOt��Iofa a}- C�✓+XY. ��tl� it�utilvF�«�t, i1d'yW ,N Ytor rnaa Ijm✓5 evd O 1 �a1YL.., �-,1.:r1. Jc✓Sr.ijjx e^ [;r19Lii ✓ tn++Sji/cy•Thc{*4\i{.;C5Wi\\yp}1r�sfacj-_«JJa.ct/ y5esondGirWl001ncov*lip}S)rvc6�. C. How does the building placement allow buildings rather than parking lots to define the street edge? ThcbviWirjs h�vL hcerSf�c� �=n}pi�+cC..✓we✓pt: •31/.tSiiC.-Il•,is al\�.» 4vy�e-SDaF1. ara 51•}c5ii5 tovoi}ycy, Si�✓eti'3,Tl.c a✓Ty \s irjcvio✓+o}},rg�'it. Qor-4io pdt �' iv ❑ Parklng an�Circu`�af on: qw ck> ` INN 1p� lcft--�)-ed A. How does the parking lot design allow customers and deliveries to reach the site, -T�lc f"W41 the parking N! OCW)Jc site 1n0YVri.))) e=1xVk4 w�A MAvwc*�ing. —\1� >i,si}c1eodin53P«camA\t.,n,•fofCWt , .t,}t d..l vy Ve!kO- B. How does the parking lot design provide safe and convenient access to pedestrians and bicyclists? The Parkin' 4y_4pa'r..S5�I«iP�Y r�wis4siroc,.lwW�SS\t. fjicyc�Cr.cL�witlb�vWidcdc,f fTe C. How are the service facilities within the parking lot screened or buffered from public view? 5c+viry ro« i}icy fvr j t builairr45vc11 c,> ti eload''^jS�ce }ru�l�ev\cleyv✓ps ftia\\ bcsweu+t� •fv,.�.d�Ac s+rectfq,ver. }aeGG�kPShkJ ❑ Building Architecture: A. How does the building design provide articulation of the building mass? 1'\ti�h �45;yn;�ie«nj"Sutra}i��n}Ie}..iveY�bvilcaf✓5S WI�^Gennel�t`"j1�n-hlvciz. i-I.q'f adJ5 buildin anylCs ahri f rvs w*5 �irve 4-L l v;ofely ✓D �Fs�o flvrk� rv' RAFORMMSTAFFREPOR�R 10 ECTREVIEW WO�] KSHEET. rtm �cia dot6i�sd}�'SvS°'Jt yec�0{p�. �d a�prS GICWi.TT��S, Two--�o�- a,. J e colv.r\s 2/raToc�o� � rw� of -H,e bvilr�;v�$ n,1e "9 v i1-�- 00.YIoOre.C.\-n PROJECT REVIEW WORKSHEET Development Plan Commercial B. How is each building "stylistically" consistent with all buildings in a complex, and on all elevations to achieve design harmony and continuity within itself? NO_V t;Eic �trcL.itcc?<.Jral_}iCMeoY 11� UwSYC%Vj t4:Mh45sacl(&1'/n. C. space between the buildings and/or the ✓+o bot\a;✓t4c h✓,vc lx.� 5v*ft '-na 4o at GIgTP-S�+'�? �-Sd+vo-ai?t}Wc�\4io.'O.nd.yrov�dcSShac��ng. How do each of the architectural elements (building base, windows, doors and openings, cornice and parapet, roofline, and finish materials A. Does the plan provide the following ratio of plantings? A Yes ❑ No, why? Trees 10% 36" Box 30% 24" Box 60% 15 Gallon Groundcover 100% Coverage In One Year Shrubs 100% 5 Gallon B. Does the landscaped area, ratio, spacing, and size conform with the design guidelines? Yes ❑ No Swi �.a icder' A,c LIZ C. How does the internal site landscaping frame the building(s) and separate them from the surrounding pavements? IAnatcg4o �14�1, xs.6� - V r.Mr fMVQcd bc�Jccvi i+e1-wo a.Ja o�-iA'--bviWnya Snd 4.e'L l 06cc)-%+QhO n) areas 0 o u 3r j hove aa" bcC+.'i?Yov( o n9 t or) a 440.15+0 5e ciN e„ a J. G ink Vt r�}i✓cNwt OtA n also M[v✓ w9uN� D. How%es the pads Md sir'eet�bfum' i ure, fix`Eure�, 9a1is and fences Ir tegrate �p with of the architecture and landscaping?&Zo, TV-Y41.n/c. s4rsoycONe b'RW;+.J-Al')c. PI+✓t1-or v+o.NNSdc9iy.^ e" co✓riiylaVnr IA;V' S� C,c+rti iva�cJiu:s oh 7. Development Code Consistency: --A; A. How does the plan achieve the performance standards specified in Code Section 17.08.070? RAFORMS\STAFF REPORTSTROJECT REVIEW WORKSHEET.com mial.dot 3 PROJECT REVIEW WORKSHEET Development Plan Commercial Circulation: T>le proic�„} Siicls Scv.+�d by Co.«►en access 'Qo1 .� �Q+ow�w�orua rn0 0f4K<'- V5C5 wit-417. }►r-ttAIA Arai t5�\15esi4n ��s�p��a �•ov� ma;n t i r L3 Net Lot Area: Total Floor Area: Floor Area Ratio: Lot Coverage: Arch./Paleo Fault Zone Flood Noise MaSS bulk orf- t'i.G 0 f\jl � \ Yo u}t5 4i,r•u9 Gt�dilr. \ave; bae•. ayei d cd �-trod. i-4.e.u5o og vooyi wc� rp�rr'I�et M-S i or•S .'Ct. ` � _ t%JpaY p� i-t���v0 )iu \t t�l�i �.VC �►$YO�.ch }-hcgrov�J.e.S a S;�Ki4;car'r el,yr.f a ai- w �1�'�►„e ot. bnia. -ivotil� ard.YC9tyeicvationS� ON.i s%caq'i�riV�4ai'<y {V.�J"C• ��-bv:tdiw� }a Se�F}ev. ohd, ram" Werrrr A 4rov� voiv,Aa t\w r l' plws1ej aWr R'Aaa ` wa v5e*'.N'6 -aok5nst k%• Sty ii corrpxliNc u>� e-1%An50qvKt o & Does the application and submitted plans on file conform with all of the Y'�ft (cvrktc applicable minimum development standards? XYes, with conditions ❑ No c Habitat Subs./Ligfctn Stream/Creek Air Quality . jrt • ! - - R\FORMS\STAFF REPORTSTRO]ECT REVIEW WORKSHEET.com ial.dot 4 ATTACHMENT NO.3 PC RESOLUTION NO.2004- KAD P\2003\03-0723 Overland Retail Center\STAFFREPORT.dm PC RESOLUTION NO.2004-� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0723, A DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE TWO SINGLE -STORY RETAIL 13UILDINGS TOTALING 13,350 SQUARE FEET ON 1.3 ACRES. THE SITE IS. GENERALLY LOCATED ON THE NORTHWEST CORNER OF OVERLAND. DRIVE AND MARGARITA KNOWN AS ASSESSORS PARCEL NOS. 921-810-021 & 0291 921-830- 030. WHEREAS, STDR Architects filed Planning Application No. PA03-0723, a Development Plan Application, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on August 4, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.05.010F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan, Temecula Regional Specific Plan and with all applicable requirements of state law and other City ordinances. The plan to develop two retail buildings totaling 13,350 square feet is consistent with the Temecula Regional Center Specific Plan and the City -Wide Design Guidelines. Moreover, the proposed plan, as conditioned, incorporates architectural and landscape designs, which will achieve the City's General Plan Community Design Goal #3, "Preservation and enhancement of the positive qualities of individual districts or neighborhoods RAD P\2003W3-0723 Overland Retail CentexW RESOLUTION AND COA.dm I The retail buildings comply with all applicable development standards of the Temecula Regional Center and Development Code including off-street parking and landscaping requirements B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and prior to occupancy, City staff will inspect all construction. The site design will provide adequate emergency access in the case of a need for emergency response to the site. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. PA04-0723 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the. EIR. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to develop two single -story retail buildings totaling 13,350 square feet set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4h day of August 2004. John Telesio, Chairperson ATTEST: Debbie Ubnoske, Secretary [SEAL] R:ND A2tl03\03-0723 overland Retail CMWAPC RESOLUTION AND COA.doc 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 0, day of August 2004, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary RAD N2003\034723 Ovalmd Retail CmWr\PC RESOLUTION AND COAAm 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL RAD Pt2003\03-0723 Overland Retail CentaWC RESOLUTION AND COA.dm 4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No. PA03-0723 Project Description: A Development Plan to construct, establish and operate two single -story retail buildings totaling 13,350 square feet on 1.3 acres. The site Is generally located on the northwest corner of Overland Drive and Margarita. DIF Category: TUMF Category: Assessor Parcel No.: Approval Date: Expiration Date: PLANNING DEPARTMENT Retail Commercial Commercial 921-810-021 & 0291921-830-030 August 4, 2004 August 4, 2006 Within Forty -Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. The permittee/applicant shall indemnify, defend with counsel of City's own election, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City RAD A2003\03-0723 Overland Retail CenteAPC RESOLUTION AND COA.dw 5 shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. 3. This approval shall be used by the Expiration Date noted above; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 4. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Planning Department Additionally, the following criteria must be met prior to development of the project: a. All ground mounted utility/mechanical equipment shall be located such that they are not placed in prominent locations visible to the public. b. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of acceptable placement of the transformer and the double detector check prior to final agreement with the utility companies. C. In accordance with the Temecula Regional Center Specific Plan, the double detector check assembly shall be installed underground. 5. Any outside wall -mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. All parking lot lights and other exterior lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. Wall pack style light fixtures shall not be utilized. 6. Parking lot lights shall be consistent with the standards used throughout the mall which include a dark bronze round tapered pole with a mounded height of twenty to thirty-five (20-35)feet. 7. Building elevations shall substantially conform to the approved Exhibit "E" (Building Elevations), contained on file with the Planning Department. All mechanical and roof - mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. a. Landscaping shall substantially conform to the approved Exhibit "F' (Landscape Plan). Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. R:\D P\2003W3-0723 Ovalaud Retail CmteAPC RESOLUTION AND COA.dm 6 8. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board contained on file with the Community Development Department - Planning Division. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Color Field Color: Frazee "Burma Buff" 8201 W Accent Color: Frazee "Tobacco Road" 8214M Accent Color: Frazee "Spanish Gold" 7745D Accent Color: Frazee "Brass Bucket" 8205D Cornice Color Frazee "Autumn Wheat" 8225D Rotunda Veneer: Limestone Plaster w/ Natural Veining to Match Adjacent Buildings Aluminum Storefront: Frazee "Elm Court" 8595D Glass: '/4' Uncoated Veralux Green 2000 by Visteon Exterior Lighting: D.M. Lighting Model # 4920 & Stanza Model # 5301 Metal Canopies: Chemtal Brushed Stainless # 710 9. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The addresses(s) shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 10. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. Prior to the Issuance of Grading Permits 11. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. 12. The applicant shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "E", the colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 13. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Community Development Department - Planning Division. These plans shall conform substantially with the approved Exhibit "Hi" and "H2," or as amended by these conditions. The location, number, genus, species, and container size of the plants RAD P12003\03-0723 Ovalmd Retail CmteePC RESOLUTION AND COA.dm 7 shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. C. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). Prior to the Issuance of Occupancy Permits 14. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 15. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Community Development Department - Planning Division for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. 16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS General Requirements 17. A Grading Permit for precise grading, including all on -site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City -maintained street right-of-way. 18. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 19. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24' x 36" City of Temecula mylars. 20. The Developer shall construct public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: sidewalk, storm drain facilities and sewer and domestic water systems RAD P0003\03-0723 Overland Retail Center,PC RESOIAJ170N AND COA.dm 8 Prior to Issuance of a Grading Permit 21. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 22. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 23. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 24. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying stone water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect. the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 25. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 26. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Planning Department b. Department of Public Works C. Temecula Fire Prevention Bureau 27. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 28. The Developer shall obtain any necessary letters of approval or slope easements for off - site work performed on adjacent properties as directed by the Department of Public Works, 29. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. R.ND P,2003\03-0723 Overland Retail CenteAPC RESOLUTION AND COA.dm 9 Prior to Issuance of a Building Permit 30. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: 31. Flowiine grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. 32. All street and driveway centerline intersections shall be at 90 degrees. 33. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 34. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 35. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 36. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District C. Department of Public Works 37. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 38. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING DEPARTMENT 39. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 40. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. RAD M003\03-0723 Overland Retail CenteAK RESOLUTION AND COAAm 10 41. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street -lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of -way. 42. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 43. Obtain all building plans and permit approvals prior to commencement of any construction work. 44. Obtain street addressing for all proposed buildings prior to submittal for plan review. 45. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 46. Provide disabled access from the public way to the main entrance of the building. 47. Provide van accessible parking located as close as possible to the main entry. 48. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 49. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 50. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. . 51. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 52. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 53. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 54. A pre -construction meeting is required with the building inspector prior to the start of the building construction. 55. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 56. Show all building setbacks. 57. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one -quarter mile of an occupied residence. RAD P12003\03-0723 Overland Retail Ceote W RESOLUTION AND COA.dw Monday -Friday 6:30 a.m. — 6:30 p.m. Saturday 7:00 a.m. — 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 58. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 59. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1125 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 1975 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III -A) 60. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on -site and off -site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 450 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 61. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on -site and off -site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 450 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B). 62. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on -site fire hydrants and mains capable of supplying the required fire flow shall be provided. .For this project on site fire hydrants are required. (CFC 903.2) 63. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020) RAD M003\03-0723 Overland Retail CenterlPC RESOLUTION AND COAAm 12 64. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 65. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 66. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) 67. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 68. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 69. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 70. Prior to building construction, this development shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 71. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 9012.2.2 and National Fire Protection Association 24 1-4.1) 72. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers' shall be installed to identify fire hydrant locations. (CFC 901.4.3) 73. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi -family residential and industrial buildings shall . have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi -family residential units shall have four (4) inch letters and /or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) RAD P12003N034723 Overland Retail Centce%PC RESOLUTION AND COA.dac 13 74. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 75. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 76. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 77. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 78. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 70. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 80. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high -piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high -piled combustible stock may require structural design considerations or modifications to the building. Fire protection and fife safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. (CFC Article 81) 81. Prior to the building final, speculative buildings capable of housing high -piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high -piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) 82. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground R:\D M003\03-0723 Overland Retail CenteePC RESOLUTION AND COA.dw 14 tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) Special Conditions 83. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland-vegetation interface. (CFC Appendix II -A) 84. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves,. noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II -A) 85. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA —13, 24, 72 and 231-C. 86. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 87. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 88. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES DEPARTMENT General Conditions 89. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 90. The Applicant shall comply with the Public Art Ordinance. 91. The developer shall contact the City s franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 92. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. RAD P\2003\03-0723 Overland Retail CenteePC RESOLUTION AND COA.dm 15 Prior to Issuance of Building Permits 93. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris By placing my signature below, I confine that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Applicant's Printed Name Date RAD PN2003\03-0723 Ovaland Retail CenWOPC RESOLUTTON AND COA.dm 16 REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date /C / �" I wish to speak on Agenda Item No. 4,,00 cr For Against Subject: --7-44F77l C k1 i rl a `�t no Name: Address* � City/State/Zip: If you are representing an organization or group, please give the name: CcW / %r The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. After completing, Date / For Subject: — REQUEST TO SPEAK CITY OF TEMECULA please return to the City Clerk. Thank You. I wish to speak on Agenda Item Against T/c Address:'}/ City/State/Zip: �c-y✓! If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank YoubIO&V Date For Subject: I wish to speak on Agenda Item No.u� i%wcr..s•'r Against 6�0Y, , l y" o f / i,.r C-e,CI.c.A- e4VW �� .[ 10 o'-e, Cev72 Name: ) .6 J;9 , i,)E2 Phone: Address: ; City/State/Zip: /71qza,�>� Cx7 C2s�= If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA I After completing, please return to the City Clerk. Thank You. Date \9 2© I wish to speak on Agenda Item No. For Against Subject: (- Name: AbSkeZ, Phone: -� Address: If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. DOCUMENTS SUBMITTED FOR THE RECORD ALBERTS.PRATT "Since 1919" Temecula, CA 92591 (Email: ( California Registration: Civil Engineer No. 7697 Structural Engineer No. 650 Tuesday, November 9, 2004 Temecula City Council Temecula City Hall Temecula, CA Good Evening Members of the City Council and fellow citizens. GC f e r1'lcwt be rs do Cif COvnCi 1 — 11 1Lq In view of the two minute Council limitation on presentation of itemsxon the agenda, I am submitting a copy of the full text (8 Pages), including my letter to the Riverside County Transportation Commission, to the City Clerk. Interested citizens may email me at and I will forward as an attachment a full copy of the text. To paraphrase our past President Ronald Regan, "are you better off now [with traffic] than you were four years ago"? Quoting Mayor Naggar's 1999 Ballot Statement "- - - do you really think we're amply prepared for growth? I don't! If you think traffic is unbearable now, at build -out, population will rise from 48,000 to an alarming 200,000 in Temecula and adjacent areas — all clogging Temecula's roads! Permanent gridlock! This is unacceptable". For Temecula's citizens' full implementation of Government Code Section 65088, the Congestion Management Program is the only hope for "user- friendly" relief of traffic congestion in the Southern California Area of Governments. This is acceptable! We have the tools to provide this responsible life saving community service maximizing the effective use of our streets through our outstanding Community Services Department, aided by the media and Internet, and monitored and enforced by our equally outstanding Police Department. This is acceptable! LA County's sworn officer to population ratio is 1/435 over 2.15 times as many officers as Temecula. Temecula's ratio is 1/939. "This is unacceptable!" • ALBERT S. PRATT • "Since 19191, Temecula, CA 92591 (Email: ( California Registration: Civil Engineer No. 7697 Structural Engineer No. 650 In the four years I was a councilman, Temecula's population increased 62.5% - traffic citations increased 200% - over 3.2 times the population growth! "This is unacceptable!" Our Temecula communities want traffic and transportation resolution now — not by the year 2025 as proposed in the Circulation Element of the new General Plan. "This is unacceptable!" And finally, the Traffic Commission overseeing the program will have an overflowing chamber at every meeting. This is acceptable! Thank you. Sam Pratt Full Text (Copy to Temecula City Clerk for Council distribution): I have spent a large part of my life on the issue of traffic impact on the safety of the citizens of which I have been one for 85 years. I plan to continue pressing the responsible public agencies for a lawful solution. I am saddened that the "baby boomer" generation of public elected officials and staff is so negligent in implementing solutions to the greatest cause of accidental death in the world, traffic accidents, greater even than that of all of the service personnel killed and injured in all the wars of our country since and including the Revolutionary War. We will prevail because the law is on our side. The State Statute Section 65088 of the Government Code, The Congestion Management Program is a law to manage the use of the roads and streets we have, to protect the physical safety of the citizen, our economy, and allow the "breadwinners" more quality time with their families. It also has the potential to eliminate many of the future highway construction projects and saving hundreds of millions of taxpayer dollars, better put to use on education and health. Will there ever be a public bureaucracy that saves taxpayer money instead of spend it — because it is there? It is impossible for me to comprehend why the Temecula City Staff and City Council continues to ignore for over fourteen years the full implementation of a Congestion Management Program with knowledge of this challenge. We are nearing the residential build out of Temecula and have or will soon have all of the political "goodies" so necessary for reelection such as our parks, a new library, active Old Town Development, endless shopping malls and other in place amenities. • ALBERT S. PRATT • "Since 1919" Temecula, CA 92591 (Email: ( California Registration: Civil Engincer No. 7697 Structural Engineer No. 650 Now it is time for our local government to direct our energies toward life, liberty and the pursuit of happiness instead material amenities by implementing an effective Congestion Management Program. This is the basis of State Congestion Management Program to maximize the safe use of existing roads and streets. Not to anger the citizens. This is why this is an uroent issue: Year 2000 2001 2002 2003 Total 2000- 2003 % Increase Citations 6415 8718 11638 14816 30987 483 Non Injury 879 881 993 1231 3924 446 In' ury 162 181 186 245 774 478 Fatal 4 4 3 4 15 375 Population 1 75014 --- An example of "happiness" is to not put through General Kearney Road in Meadowview. The impact on mitigating traffic in the City Temecula is miniscule, if at all. Meadowview residents are entitled to this form of traffic congestion management. The present lack of continuity of General Kearney has been in place for fifteen years. Any concerns by the Fire Department have long since been overcome. Further references and comments on this issue are included in the attachment of my letter to the Riverside County Transportation Commission and are available to all Temecula Citizens who contact me at my email address: sampratt@yahoo.com. Albert S. "Sam" Pratt Attachments: Thursday, November 4, 2004 Temecula General Plan Workshop Temecula City Hall Temecula, CA Subject: Comments on the Circulation Element of the Temecula Final Draft of the General Plan. Reference and comments: • This statute is known as the Congestion Management Program (CMP) • California Environmental Quality Act Statutes (CEQA), Public Resources Code, Section 21000(d) "The capacity of the environment is limited, and it is the intent of the • ALBERT S. PRATT • Since 1919" Temecula, CA 92591 (Email: ( California Registration: Civil Engineer No. 7697 structural Engineer No. 650 Legislature that the government of the state take immediate steps to identify any critical thresholds for the health and safety of the people of the sate and take ofcoordinated actions necessary to prevent such thresholds being reached." • Califomia Environmental Quality Act Statutes (CEQA), Public Resources Code, Section 21000(e) "Every citizen has a responsibility to the preservation and enhancement of the environment'. • Project: An activity directly undertaken by any public agency. CEQA, Public Resources Code Section 21065. • CEQA Statue 21168, Subsequent or Supplemental Environmental Impact Report, applies to the changes in conditions in the Circulation Element proposed in the final Draft of the City of Temecula General Plan. The current Circulation Element of Temecula General Plan of January 1993 has been downgraded as to the control of traffic congestion and requires a CEQA Subsequent or Supplemental Environmental Impact Report. • Oath of office taken by Temecula permanent staff and elected officials: I do solemnly affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter." • 65089.6. Failure to complete or implement a congestion management program shall not give rise to a cause of action against a city or county for failing to conform with its general plan, unless the city or county incorporates the congestion management program into the circulation element of its general plan. The final draft of the Circulation Element of the General Plan has been unlawfully gutted with the elimination of the Circulation, Element E. Local Congestion Management Program in our present General Plan. This is non-feasance, failure to what ought to be done, an attempt to avoid any action that may be brought against the City by disregarding Government Code Section 65089.6. Effective implementation of the State Congestion Management Program is the tool to maximize the safe use of our current and future roads and streets. It is impossible for me to comprehend why the City Staff and City Council during the past fourteen years continued to ignore the full implementation of a Congestion Management Program in the General Plan to protect the physical safety of the citizen and our economy. Albert S. "Sam" Pratt Wednesday, October 27, 2004 Eric Haley, Executive Director Riverside County Transportation Commission (RCTC) County Regional Complex 4080 Lemon Street, 3`d Floor • ALBERTS.PRATT • "Since 1919" Temecula, CA 92591 (Email: ( Califomia Registration: Civil Engineer No. 7697 .; mctural Engineer No. 650 Mailing Address: Riverside, CA 92502-2208 Phone: Subject: "Nothing to fear but fear itself" — 1933 Inaugural Address by Franklin D. Roosevelt addressing the devastation of America caused by the Great Depression. Government Code Section 65088 (a) "Although California's economy is critically dependent upon transportation, its current transportation system relies primarily upon a street and highway system designed to accommodate far fewer vehicles than are currently using the system." This statute is known as the Congestion Management Program (CMP) California Environmental Quality Act Statutes (CEQA), Public Resources Code, Section 21000(d) "The capacity of the environment is limited, and it is the intent of the Legislature that the government of the state take immediate steps to identify any critical thresholds for the health and safety of the people of the sate and take all coordinated actions necessary to prevent such thresholds being reached." California Environmental Quality Act Statutes (CEQA), Public Resources Code, Section 21000(e) "Every citizen has a responsibility to the preservation and enhancement of the environment". CEQA is clearly applicable to the effective implementation of all aspects of the State Congestion Management Program and is a crystal clear support of the Statute 65088. Attn: Eric Haley, Executive Director Riverside County Transportation Commissioners Mr. Eric Haley and Ladies and Gentlemen of the Commission: I am requesting this letter be placed in the record as an addendum to my recent letter of October 6, 2004 to the Commission. On Sunday, October 24, 2004 a four full page presentation by the Riverside County Transportation Commission with a commentary by Eric Haley, Executive Director — "On the move (2003/2004 Annual Report)" highlighted "Planning for an Exciting Future". A chronological presentation was made listing the timing of improvements: 2007 - Open S-E Connector to traffic (early winter'07). 2006 - Open WB 60 truck connector (Summer'06), Open Stage 1 Blaine overcrossing (Spring '06) 2005 — Open Iowa/Linden overcrossing (Summer'05), Close Blaine overcrossing (Summer'05) • ALBERT S. PRATT • ":Since 1919" Temecula, CA 92591 (Email: ( California Registration: Civil Engineer No. 7697 Structural Engineer No. 650 2004 — Begin construction S-E connector (Summer '04), Open West Campus Drive (Summer '04), Begin construction N-W connector (Summer '04), Close and demolish Iowa/Linden over crossing (Spring '04), Start W-B 60 connector (Spring '04) A litany of various construction projects from 2004 through 2010 • None of the above projects satisfy the (CMP) as they provide for more traffic without any relief from present traffic conditions. No mobility coordination. The "Perris Valley Line on Track for 2008" when completed is a step toward providing an alternate source for transportation and will bring a portion of relief to the arterial and freeway system and thus complies with the CMP. However, the additional traffic generated during this four-year period will have no relief. Again, the mobility coordination recognized in the CMP will not be appropriately implemented. Rideshare providing Park and Ride facilities, taxis provide some mitigation, but offer little relief for the hundreds of thousands of cars on arterials and freeways during the morning and late afternoon/evening traffic rush hours. All of the above "Planning for an Exciting Future" has merit at a cost of multi millions of dollars to the taxpayer with no de facto traffic congestion relief. The Congestion Management Plan is one of education and indoctrination of the citizens for an efficient movement of people not providing for more car capacity without implementing the "spirit" of the CMP. • The leadership of our County must direct the RCTC to provide an autonomous mobility department for the management of the use of our arterials and freeways. • The ultimate goal is to have in integrated system with all of the members of the Southern California Association of Governments (SLAG) in full partnership. The result of a SCAG partnership on implementing this issue will be an evaluation of multi -million dollar construction additions with the possible elimination of some projects and a use of the money in transit and indoctrination programs) as to their effective impact on the efficiency of traffic mitigation on the entire southern California area. The data gathering, analysis and control provided by computer science guarantees implementing an effective Congestion Management Program. After all the safe and efficient movement of the "bread winners" is what the Congestion Management Plan was designed for. Again, I look forward to the opportunity to personally discuss this issue with the Commission at their convenience. Sincerely, 6 ALBERTS.PRATT "Since 1919" Temecula, CA 92591 (Email: ( Calirnrnia Registration: Civil Engineer No. 7697 Structural Engineer No. 650 Albert S. "Sam" Pratt Attachment: Suggested initial implementation of a CMP Wednesday, October 27, 2004 Subject: Implementing a CMP Program • Government Code Section 65088 (a) "Although California's economy is critically dependent upon transportation, its current transportation system relies primarily upon a street and highway system designed to accommodate far fewer vehicles than are currently using the system." This statute is known as the Congestion Management Program (CMP) I submit the following suggestions to implement a CMP: 1. An explanation to the public why a CMP is necessary in the entire southern California area (SCAG) and its success depends on the participation and cooperation of every citizen. 2. Media coverage — press, radio and TV - that the CMP will complement the existing RCrC programs and result in increased public safety and economic protection. 3. The public, with [indoctrination and education) must be made to understand that without their cooperation there will be no success or traffic congestion relief. Without reducing the congestion on the freeways and arterials we face indefinite gridlock. This is the urgent and immediate step in an effective CMP 4. The semantics of the statements in item No. 2 can initially be on a voluntary basis but must lead to a mandatory program. 5. The Riverside Sheriff Department, hopefully with SCAG police departments and the California Highway Patrol, directed to execute the program with adequate funding for data base management and media and internet coverage. 6. The most important first step is to relieve freeway gridlock. 7. A database (computer science) of all businesses (regardless of size) — no small job! 8. Develop internet information access to all vehicles for real time traffic congestion mitigation 9. Establish mandatory communication with each business with electronic confirmation when orders or information is forwarded for execution by the business. 10. The initial message: The daily work schedule start and finish times must be staggered in four (4) fifteen (15) minute intervals. 11. If the business has one employee work start and finish times are discretionary. 12. If the business has two employees work start and finish times are fifteen minutes apart. Ex: first employee begins work at 7:45 am, second employee at 8:00 am. If the work day is eight hours: first employee leaves work at 3:45 pm, second employee at 4:00 pm 13. If there are three employees, two can start at 7:45 am and one at 8:00 am, etc. 14. The work start and finish times would be limited to 7:45 am, 8:00 am, 8:15 am and 8:30 am with a corresponding interval for the finish times. This is a total of four (4) separate groups. ALBERT S. PRATT ".Since 1919" Temecula, CA 92591 (Email: ( California Registration: Civil Engineer No. 7697 Structural Engineer No. 6Sp 15. What this accomplishes is staggering the traffic during the gridlock hours substantially reducing the number of vehicles at a given time. 16. For larger employers the total for each group would be the total number of employees divided by four (4). Example: 100 employes/4 = 25 employees report to and leave work at fifteen minute intervals. 17. Each employee will determine the travel time required from home to work. 18. Effectively implementing the plan should markedly reduce the employee's travel time. In some areas of the country where this plan has been implemented the use of windshield or license plant stickers to indicate the employee time sector are used. 19. In the early stages of implementing the program Police pace cars were used to insure compliance until the program became effective on its own. 20. This half hour period of reporting to work should have little impact on the business and a major impact on freeway congestion relief. 21. The salient points: Reduced travel time, resulting in more family time, less traffic congestion resulting in a reduced accident rate. 22. With ride sharing this would make a dramatic difference. 23. The above suggestions will enhance the present programs (many years before they are completed) by maximizing the use of present and additional lanes and turn the RCTC into an effective agency serving the public needs now! 24. The final goal for the maxim use of southern California's freeway system would be the effective adoption of the CMP by SCAG. RCTC could be the "poster child"! Respectively submitted, Albert S. Pratt