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HomeMy WebLinkAbout070390 CC AgendaInvocation Flag Salute 9rd~O~nc~$ No. George Si~aons T~cula Valley House of Praise 90-10 90-68 Z~OZ, Z, CALb: Birdsall, Lindemans, Moore, Mufioz, Parks · P-'~TXONS Certificate of Appreci&tion Douq Davies Frank Aleshire .A.~t_o?&l of. !S _~inut.e.S i. p.z'ovided sO members Of the l:)t~bli¢ can ;enda' ~ers are li~t~ tO -~ co ~e C '' "~ '~ ~e c~y c~e~~ ~o~ s~ou~ ~ t~22~ out You ~e Call~ to cow m c)ASHRal Approve t~he minutes of June 19, 1990 as mailed. ~ U fown.t ~ Ro~d. RECOMMENDATION: 2.1 Along Y~e= Rn§d N9rth ~f Rancho Adopt a Resolution entitled: RBSOLUTTOM MO. 90- e Ap)?w'ov.,ql of ~td No. 6-90 - C4tv M~r~agv's Vghlcle RECO!.-d~DATION: 3.1 Authorize City Manager to accept best low bid submitted by DeAnza Chevrolet Ln ~le amount of $20,485.63, including tax and license. Maps 21675 e~d 21675-6 It~COMMENDATION: 4.! Approve Final Tract Maps 21675 and21675-6, subject to ~e conditions of approval. C~ty Co,,nc:i'l As_erda ~-]y 3, ~990 V~,c~t4on of a Port4on of ~ercedes RECOMMENDATION: 5.1 Approve vacating a por~ion of Mercedes Street subject to reservation mf easements for public utility purposes and further subject to obtaining an access easement from the State of California over the easterly half of Mercedes Street. OOUNC?T. RUmTN,~SS 6. O~d T9v~H~lto~io ~eViev ~POCed,'PeL.And RecoBiLtR.d.S~4on~ RECOMMENDATION: 6.1 Approve the Planning Co~lseion Recommendations as follows: Review of development proposals and property alterations within the Temecula Historic Preservation District for historic appropriateness should be incorporated into the City's development review process as soon as possible. The City'should re-establish full membership for the Temecula Historic Review through Council appointment of new members. e Within the next two-month period, the City should establish interim review procedures and evaluation criteria for use in reviewing proposed projects in the Historic Preservation District. The City should investigate the possibility of expanding the boundaries of the Historic Preservation District. 0 The City should initirate the for~ation of permanent design quidslines and special / / / / / x0.~ !)Xrec~ the cXt¥ Atto~ to prepare a Xea.e ugr~ement for Old Town ~eneoula Foundation ~n Sam Hicks ~lv ~, 1990 ¸6. The City ah~!d prepare & .c~mOrehen~ive, long- :r '~ ,etrat~yy for the -l~uervation and ~ev~!opm~t o£ TJm Old Torn .area. addressinq such: 'ff~e~..u land .~, o~roulation, parkinq, ?xalic tmorov~t~.wts, e~onc~tc development, and 7.1¸ &ppoint & chai~n for a Sister City Committee. 7,2 Invite interested individuals to participate on this committee to explore the. po~eibility of' afflliatinq vith Sister ¢iti~, International. &uthorizs the ~yor to en~ into an agre~nt with t!~ c-ounty of Riverside to provials G~ne~al S~rvices as z~luired by '.tim City. '9.:1. &uthoriss the Nayor to ~nter into an agree~nt vith the County of Rtvorsida to provide street mintePanoa servioes in the City for one year. Adopt a r~olution entitled: 4 W MZNUTES OF &ADJOURNED REGULAR MEETZNG OF THE TEMECULA CZTY COUNCZL HELD JUNE ~9~ ~990 A regular meeting of the Temecula City Council was called to order at 7:05 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Lindemans, Moore, Mufioz, Parks ABSENT: i COUNCILMEMBERS: Birdsall Also present were City Manager Frank Aleshire, City Attorney Scott F. Field, and Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Doug Keup, Church of Christ. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Lindemans. PRESENTATIONS/PROCLAMATIONS Mayor Parks declared June 23, Shootout" Day in Temecula. 1990 as "Over the Hill Pigskin PUBLIC COMMENTS None given. CONSENT CZt~LENDAR Councilmember Lindemans requested the removal of Items 2 and 3 from the Consent Calendar. Councilmember Mufioz asked why Item No. 5 is on the agenda and whether the standards could be modified at a later date. City Manager Aleshire stated this item is on the agenda as recommended by the City Engineer, Tim Serlett. The recommendation is to adopt the uniform standards for plumbing. He stated these standards can be modified by resolution at a later date. #~nutes\6\19\90 - 1 - 06/25/90 City Council Minutes June 19. 1990 It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve Consent Calendar Items 1, 4, 5 and 6 as follows: 1. Minutes 1.1 Approved minutes of June 5, 1990 as mailed. 4. P10t Plan No. 1133So Amended No. 2o Planning Correction No. I 4.1 Received and Filed Plot Plan No. 11338, Amended No. 2, Planning Correction No. 1, based on the findings and subject to the conditions of approval contained in the County Staff Report. e Resolution AdoDtin~ the Standard Specifications for Public Works Construction and Establishing Certain Requirements. 5.1 Adopted a resolution entitled: RESOLUTION NO. 90-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALIFORNIA, ADOPTING THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, WORK AREATRAFFIC CONTROL, AND ESTABLISHING CERTAIN PERMIT REQUIREMENTS. 6. &Dproval of City Manager's Contract 6.1 Authorized the Mayor to sign letter of agreement with David F. Dixon to serve as City Manager of the City of Temecula. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Birdsall 2. Tentative Tract Map 23209, anendment No. 4 Councilmember Lindemans said he felt this issue would better be handled by the Planning Commission. He stated his opposition to destroying the hillside by moving 2 million cubic feet of dirt, and questioned why a traffic impact study had not been done. Ninutes\6\19%90 -2- 06/25/90 City Council Minutes June 19. 1990 Councilmember Lindemans moved, Councilmember Mufioz seconded a motion to refer Item No. 2 to the Planning Commission for public hearings. Councilmember Mufioz asked if the Council would have final approval on this tract. Ross Geller, Planning Director, stated the Final Map will come back before the City Council. Mayor Parks said this item has gone through the County Planning Staff, and asked if it can be expedited. Mr. Geller said it will be placed on the next Planning Commission Agenda. The motion was carried by the following vote: AYES: 5 COUNC I LMEMB ERS: Lindemans, Moore, Muhoz, Parks NOES: i COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None 3. Final Tract HaD No. 24169 Councilmember Lindemans stated he did not have a problem regarding the splitting of two parcels but asked if anyone was addressing the road requirements for this project. Tim Serlett, City Engineer, stated the developer is meeting the conditions for approval. He said the developer is paving the intersection of Moraga, and widening Rancho California Road at Lindy Way. Mayor Parks asked if the developer is creating a left-turn pocket at Lindy Way? City Engineer Setleft said this project was originally conditioned to stripe a left turn pocket for Lindy Way. However, in dealing with the County Road Department, they agreed to have the developer pay a fee, and have the County do the striping plan and install the left turn pocket. Mr. Serlett stated the developer has also agreed to install the median. Councilmember Lindemans suggesting taking this item off calendar until the road conditions are met. Tim Serlett, responding to Councilmember Mu~oz, said the left turn pocket into Moraga Plaza and the median islands, are under the direct control of the developer who is constructing these improvements. He said the left turn on Lindy Lane would be constructed by the County Road Department having received a fee from the developer. The timing on when the County will make these improvements is not known. N ~ nutes\6\19%90 -3- 06/25/90 City Council Minutes June 19. 1990 Larry Markum, 41750 Winchester Road, representing the developer stated the project has been delayed by the County Traffic Section with regard to relocation of traffic signals for six to eight months. He said the developer offered to relocate the signal but the County declined. Mr. Markum said the developer is ready to finish the improvements but has been put on hold by the County. Mr. Markum further explained that the median under construction by the developer would be a raised median whereby a protected left turn could be made into the plaza. He said the developer has complied with all conditions of approval and would like to move forward. Mayor Parks asked if delaying this map would have a negative effect? Mr. Markum said that Kinder Kate is ready to close escrow and needs this approval to do so. Mayor Parks suggested not allowing occupancy until the road conditions are met. Mr. Markumstated if the developer could have assurance from the County Road Department that their portion of the work would be completed, the developer would probably not have a problem with some deferral of occupancy. He stressed, however, the developer has no control over the County. City Attorney Fields said in order to condition this final map, a public hearing must be held. He said since this is a final map, only issues concerning and health and safety may be addressed. Mayor Parks stated he felt this issue has been resolved, and only the timing remains to be worked out. He suggested continuing this for two weeks, to get the schedule for completion of road improvements. Mr. Markumasked the City to apply leverage with the County to get a response. He stated the County has collected the developer's money and needs to perform. He requested a one week continuance. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to continue this matter for one week. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Birdsall #inures\6\19\90 .~,. 06125190 City Council M.~nutes June 19. 1990 Councilmember Mufioz stated he felt the Council should seriously consider reversing the decision of the County to restripe and install left turn pocket, and return this responsibility to developer. He stated he felt the improvements would be made in a much more timely manner. Mayor Parks said it is possible to install reflective tape on a temporary basis to satisfy this road condition, as long as it is safe. The County could later replace the tape and permanently restripe the left turn pocket. P~BLIC HEAI~ING8 7. Plot Pl&n No. 11234 City Manager Aleshire reported this is a request to build a two story office building. Staff recommendation is to continue this item off calendar to allow a traffic report and other matters to be reviewed by staff. He said the developer has agreed. Councilmember Lindemans stated he felt the parking requirements were not met, and suggested referring this item to the Planning Commission. Ross Geller, Planning Director, said he felt most of the planning issues have been addressed, and recommended continuing this item off calendar until the final matters are resolved. He stated the applicant is agreeable to this. Mayor Parks opened the public hearing at 7:45 PM. There being no public comment, the Mayor closed the public hearing at 7:46 PM. Councilmember Moore stated she had concerns regarding the on- site traffic generated and asked if circulation will be looked into. City Engineer Serlett answered this will be addressed. Councilmember Lindemans moved, Councilmember Mufioz seconded a motion to refer this item to the Planning Commission for further discussion. Councilmember Mufioz asked what the implications of referring this to the Planning Commission would be. Planning Director, Ross Geller, said this item has been approved by the County, and this action would send this item backward instead of moving forward. #~ nutes\6\19\90 -5- 06/25/90 City Council Minutes June 19. 1990 City Manager Aleshire stated Willdan collects fees from developers when doing planning studies that cover the cost of these services. When a project comes from the County with a recommendation of approval, all such fees have been collected. If the City chooses to restudy an issue, funding must come from the City budget. These costs have not been anticipated, and the financial impact is significant. Mayor Parks said the County has spent a lot of time reviewing this plot plan. He said City staff has raised questions and the Council is obligated to continue this item, yet needs to move it along and not further delay the process by sending it back before the Planning Commission. He stated there is no reason why the City Council cannot address this issue. Councilmember Muhoz asked if the City will receive additional money from the developer. City Manager Aleshire stated the fees were collected by the County. No further fees can be collected from the developer. Mr. Aleshire stated this applies to all projects referred by the County. Councilmember Lindemans stated we will spend fees whether it goes to the Planning Commission or to staff, and stressed this is a very complicated project in which we need the expertise of the Planning Condition. Mayor Parks stated he felt he had a problem referring this matter back to the Planning Commission. He said the Council is very familiar with this project and it needs to be addressed by the Council. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Lindemans, Moore, Mu5oz, NOES: i COUNCILMEMBERS: Parks ABSENT: i COUNCILMEMBERS: Birdsall COUNCIL BUSINESS 8. Animal Control Services City Manager Aleshire reported this is a proposal for the County to continue to provide Animal Control Services to the City of Temecula for Fiscal Year 1990-1991, in an amount not to exceed $80,000. Mr. Aleshire said this contract could be terminated any time in the future if desired. H i nutes\6\ 19\90 * 6 - 06/25/90 City Council Minutes June 19. 1990 Councilmember Lindemarts questioned Section A-2 contract, stating it was open ended and asked services could exceed $80,000. in the if these City Manager Aleshire explained that the contract represents an estimated cost for a truck operating eight hours a day for one year. The contract enables the City to receive additional service if needed, but the City would have control. Councilmember Moore stated that in Section 2, Item C, the contract states a copy of the agreement between the County and the Lake ElsinoreAnimals Friends will be provided to the City of Temecula upon request. She asked that this be requested. Councilmember Moore asked under Item 3 (B) if the County will inspect private kennels and catteries. City Manager Aleshire said he did not have an answer to this question. Councilmember Lindemans asked if it would be possible to sell animal licenses at pet stores. City Manager Aleshire said this is a good suggestion. He said many cities issue license at City Hall, Fire Stations, etc. and this would be looked into. It was moved by Councilmember Moore, seconded by Councilmember Mu5oz to approve a proposal with the County of Riverside to provide Animal Control Services to the City of Temecula for Fiscal Year 1990-1991. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall Councilmember Mu~oz moved, motion to reconsider Agenda Item No. 7. Councilmember Moore seconded a The motion was carried by the following vote: NOES: 0 COUNCILMEMBERS: ABSENT: i COUNCILMEMBERS: H~t~\19\~ -7- AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu5oz, Parks None Birdsall 06125190 City Council Minutes June 19. 1990 o Plot Pl&n No. 11234 Councilmember Mufioz stated he was concerned with overloading the Planning Commission. He said that additional tasks would likely be given to the Planning Commission which they would handle from inception. The Council is more familiar with the details of this particular item. He said he would like to change his vote on this item and sparingly give additional tasks to the Planning Commission. Councilmember Moore said she agreed as long as the traffic engineering studies are provided to the Council. Councilmember Lindemans said if the Council felt the Planning Commission is overloaded, he would yield. It was moved byCouncilmember Mufioz, seconded by Councilmember Lindemans to continue this item off calendar. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Muhoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall CITY MAN~ER REPORTS City Manager Aleshire requested that Council identify any known traffic "hotspots" and be prepared to address the matter of possible allocation of funding for the purpose of short-term remedies. He stated there is a need in the community to give some fast-track attention to short-term traffic solutions. CITY ATTORNEY REPORTS City Attorney Fields requested that Council adjourn to 6:30 on June 27, 1990 for the purpose of conducting an executive session on the terms for the City Hall acquisition. CITY COUNCI?. REPORTS Councilmember Moore requested that staff investigate the matter of the County holding four traffic signals which have been designated to be installed in Temecula. H ~ ~t es\6\19\90 - 8- 06/25/90 City Council Minutes June 19. 1990 Councilmember Mu~oz requested that staff contact the County and urge the completion of restriping, road repairs and providing at least one decent street sweeping prior to termination of County services on July 1, 1990. Councilmember Lindemarts requested a report on the status of the Stepben's Kangaroo Rat study. Mayor Parks requested that interviews for both Public Commissioners. staff coordinate rescheduling the Safety and Parks and Recreation He requested a status update on the City's taking over the Mello- Roos District administration. He also asked staff to look at incorporating plans for the Foothill Corridor and for a by-pass road to be installed West of Old Town into a City Circulation element. Councilmember Moore moved, Councilmember Mu~oz seconded a motion to adjourn at 8:30 PM. The motion was unanimously carried. ATTEST: RONALD J. PARKS, MAYOR June S. Greek, Deputy City Clerk #Jnute~\6\19\90 -9- 06/~5/90 CITY OF TEMECULA AGENDA REPORT ABe: MTG: DEPT TITLE: DEDICATION OF RIGHT-OF-WAY ALONG YNEZ ROAD. NORTH OF RANCHO CALIFORNIA ROAD CITY ATTY C[TYHGR ~ Recr~...t:ndstion ADOPT attached Resolution 90- approving the dedication of two (2) easements for public road and drainage purposes, including public utility and public services purposes along the west side of Ynez Road, northerly of Rancho California Road, and accepting the easements as part of the maintained-road system, subject to satisfactory construction of required street improvements. Discussion On October 16, 1989, the County of Riverside approved Plot Plan 11220, located on the west side of Ynez Road, northerly of Rancho California Road. Conditions of approval required that the developer provide additional dedication of right-of-way to meet the fifty (50) feet wide half-street standard in effect at the time of conditioning this development. The subject offers of dedication are six (6) feet in width, resulting in the required fifty ~50) feet of right-of-way required. Staff Concerns The acceptance of the easements offered for road and drainage purposes into the maintained-road system should be conditioned upon satisfactory completion of the required roadway improvements. Fiscal Impact No immediate costs to be public are anticipated. Satisfactory construction of the roadway improvement will minimize short term City maintenance efforts. Future maintenance costs will be a part of the overall City Pavement Sealing and Overlay Programs. The dedications MEET the conditions of approval for Plot Plan 11220, and subject to satisfactory completion of the required roadway improvements, will enhance the roadway on a critical part of the City street system. RESOLUTION NO. 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING DEDICATION OF EASEMENTS FOR PUBLIC ROAD AND DRAINAGE PURPOSES, INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES, ALONG PORTIONS OF YNEZ ROAD WHEREAS, The developer of Plot Plan No. 11220 has presented for approval of the City Council of the City of Temecula, a dedication of EASEMENTS across portions of Parcel 11, in Parcel Map 17q7tt, being along the west side of Ynez Road north of Rancho California Road. WHEREAS, Developer desires the City Council to approve said easements. Now, THEREFORE, the City Council of the City of Temecula does resolve as follows: SECTION 1. That the easements as submitted by the developer, are hereby approved by said city. SECTION 2. That the easements are accepted into the maintained- road system by the City of Temecula, subject to satisfactory completion of public improvement. SECTION 3. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof. PASSED, APPROVED, AND ADOPTED this 3rd day of July, 1990. Ronald J. Parks, Mayor ATTEST: June S. Greek Deputy City Clerk Approved as to Form: Scott F. Field City Attorney OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR LeRoy D. Smoot ROAD (X)MMISSIONER & COLINlY SURVEYOR · ,.. ~ .... l!tt'~kINTY ADMINISTRATIVE CENTER P.O. BOX 1090 ........................ ,-.""~'VEI~IDE, CAUFOP. N1A 92502 (7! 4.) 78 June 19, 1990 CITY OF TEMECULA ENGINEERING DIVISION PO BOX 3000 43172 BUSINESS PARK DR. TEMECULA, CA. 92390 Attention: Robert Righetti RE: Plot Plan 11220 Sir, Enclosed, per your request, please find a copy of the original signed easement forms for the above referenced case. The legal and plat have been corrected as per your instructions. As soon as possible please have these forms approved by the City Counsel and notify this office so we may sign and record these documents. William G. Stephenson Senior Land Surveyor WGS:tmg COUNTY ADMINISTRATIVE CENTER ,, 4080 LEMON STREET * RIVERSIDE, CALIFORNIA 92501 OF- l~l~Y~ L~E~iC,~TIOIV PCI.. A CUI~VE 0 A /e Z. 12' 12'Q7u 2'~d. 00' tI° 07/ 04 o ~052.00' \/ A M/CHAE/. ~. $~ ,~lV~ R.C.E 2'~l~ EX,~. ~- ~1- ~ CITY OF TEMECULA AGENDA REPORT AB//: "~ TITLE: t4TG: 7/3/90 Purchase of City Manager's Vehicle DEPT HD CITY ATTY DEPT: C.M. CITY NGR RECOMMENDATION: It is recommended that the City Council approve the low bid as recommended by the City Manager and authorize the purchase of said vehicle. BACKGROUND: On June 28, 1990, the City received five (5) bids for the City Manager's vehicle. After reviewing the bids, the best low bid was received from DeAnza Chevrolet. The price of the vehicle, including tax and license is $20,485.63. DD:jsg CITY OF TEMECULA AGENDA REPORT AB#: *'f TITLE: OEPT HD ~ HTG: ?/3/'~o FINAL TRACT MAPS 21675 AND 21675-6 CITY ATTY DEPT: ~..~,,,,.~ CITY HGR ~ RECOMMENDATION That the City Council APPROVE Final Tract Maps 21675 and 21675-6, subject to the conditions of approval. DISCUSSION Tentative Tract 21675 was submitted to the Riverside County Planning Department in July, 1986, and was approved by the Board of Supervisors on March 31, 1987. The second extension of time for the map expires on March 31, 1991. Tract 21675 is part of Specific Plan No. 199, adopted by the Board of Supervisor's on October 6, 1988, and is covered under Development Agreement No. 5. Tract 21675 consists of seven phases, five of which have already recorded. Tract 21675 comprises 53 lots on 19.23 acres. Tract 21675-6 comprises 45 lots on 11.29 acres. A minimum lot size of 7200 square feet is created with these maps. Tract 21675 is one of several tracts comprising the Executive Series Residential Community within the Margarita Village Specific Plan. The developer for these tracts is Mesa Homes. The tracts are located south of Rancho California Road and east of Margarita Road. The following fees are required for the development of Tract 21675-6 and 21675: Traffic Signal Mitigation Drainage Fire Inspection Public Facilities 14,700.00 60,124.40 39,200.00 ~4,075.00 419,146.00 The following bonds and agreements have been posted for the project: Tract21675 Faithful Performance Material $ Labor Streets Water Sewer Monuments Taxes Fire 511,500.00 255,750.00 77,500.00 38,750.00 56,500.00 28,250.00 15,000.00 22,800.00 20,400.00 Tract 21675-6 Faithful Perromance Material $ labor Streets 2~1,000.00 Water 38,000.00 Sewer ~6,000.00 Monuments 12,000.00 Taxes 22,800.00 120,500.00 SUMMARY Staff recommends that the City Council APPROVE Final Tracts 21765 and 21765-6, subject to the conditions of approval. OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE Ivan F. Tennant Acting Road Comissioner County Administrative Center Mailing Address: PO Box 1090 Riverside, CA 92502 Telephone (714) 787-6554 June 15, 1990 SUBMITTAL TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TENECULA FROM: Acting City Engineer for the City of Temecula SUBJECT: Tract Map 21675 in the First Supervisorial District SPECIFIC REQUEST: Pursuant to the Subdivision Map Act and local ordinance it is REQUESTED that the City Council approve said map. All required certificates and documents have been filed and the map is ready for recordation. Acting City Engineer IFT:GAS:MSB:rdb City of Temecula Re: Tract 21675 The developer wishes to enter the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. 3S 740 912 00) WATER DISTRIBUTION SYSTEM (Water to be supplied by Rancho California Water District) (Bond No. 3SE 740 913 O0 SANITARY SEWER SYSTEM (Service to be provided by Eastern Municipal Water District) (Bond No. 3S 740 911 00) SETTING OF LOT MONUMENTS (Bond No. 3S 740 910 00) SECURING TAXES (Bond No. 3S 741 799 00) MATERIALS AND LABOR Bond Nos. 3S 740 911 00, 3S 740 912 O0 and 3SE 740 913 O0 in the amounts of $28,250, $255,750, and $38,750 are also attached. FIRE AGREEMENT in the amount of $20,400. The above referenced bonds are issued by Lumbermens Mutual Casualty. This map complies in all respects with the provisions of Division 2 of Title 7 of the Government Code and applicable local ordinances. The dedications made on the above map are for: Lots "A" through "D", inclusive, and the abutters rights of access along Rancho Vista Road and Meadows Parkway are dedicated to public use for street and public utility pur- poses, and as part of the city maintained road system. 2. Drainage easements are dedicated to public use. OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE Ivan F. Tennant Acting Road Co--.issioner County Administrative Center Mailing Address: PO Box 1090 Riverside, CA 92502 Telephone (714) 787-6554 June 15, 1990 S[]B~ITTAL TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TEMECULA FROM: Acting City Engineer for the City of Temecula SUBJECT: Tract Map 21675-6 in the First Supervisorial District SPECIFIC REQUEST: Pursuant to the Subdivision Map Act and local ordinance it is REQUESTED that the City Council approve said map. All required certificates and documents have been filed and the map is ready for recordation. Acting City Engineer IFT:GAS:MSB:rdb City of Temecula Re: Tract 21675-6 The developer wishes to enter the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. 3S 687 505 00) WATER DISTRIBUTION SYSTEM {Water to be supplied by Rancho California Water District) {Bond No. 3S 687 506 00) SANITARY SEWER SYSTEM (Service to be provided by Eastern Municipal Water District) {Bond No. 3S 687 507 00} SETTING OF LOT MONUMENTS (Bond No. 3S 687 508 00) SECURING TAXES (Bond No. 3S 741 799 00) MATERIALS AND LABOR (Bond Nos. 3S 687 505 00, 3S 687 506 O0 and 3S 687 507 O0 in the amounts of $120,500, $19,000 and $46,000 are also attached. The above referneced bonds are issued by Lumbermens Mutual Casualty. This map complies in all respects with the provisions of Division 2 of Title 7 of the Government Code and applicable local ordinances. The dedication made on the above map is for: Lots "A" and "B", and the abutters rights of access along Rancho Vista Road, are dedicated to public use for street and public utility purposes, and as part of the city main- tained road system. :IiVE:I)iDE Cc)urI ¥ 'PLA, IlI'IifK DEPAR ErI DATE: June 11, 1987 RE: TENTATIVE TRACT HAP NO. 21675 E. A. NLKSER: 30956 REGIONAL TEAI~ NO. I Dear Applicant: The Riverside County Board of Supervisors has taken the following action ~ the above referenced tentative tract map at its regular meeting of March 31, 1987 · X APPROVED tentative map subject to the attached conditions. DENIED tentative map based on attached findings. APPROVED withdrawal of tentative map. The tract map has been found to be consistent with all pertinent elements of the Riverside County General Plan and is in compliance with the California Environmental Quality Act of 1970. %he pruj~j:t will not have a significant effect on 'the environment and a Negative DeclaraUion' has bee~l~dopted. A conditionally approvied tentat[~-~ract map shall expire _~?~onths a':ter the approval at ..... the Board of Supervisor% Hear-i~u~..ihe-dete of ~vhicl~-i~~'~ab~, unless within that period of time a fin~)..4r~p~sh~ll ~(a.~. been approved and ,f,~e~wi'th ~he County Recorder. Prior to the expiration d~te,C):J~e'~l~!-Ri. jv(~r/~ll~Y/'a)l~Pl~y .(.~i_~.!~_.ing .for. an extension of time. Application shall';- ' .-~he Planning .Oi!~..~'t.~r..'~j~liiYty~(30) days prior to the ten t~t_~_' ~ ~a~ ;. expiration.date of the ' ))(IB~U~,~)~f,~:ts'~it~im~ay extend the period for one y~ar and upon further ap~en a second and a third }tar. '\ -~ Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planning Director JCB:ms FILE- WHITE ~ohn C. Bischoff,/~ervising Planner APPLICANT - CANARY ENGINEER - PINK 295-39 (~tv. 10/83) 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787'6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE. STATE OF CALIFORNIA FROM: Plannln$ DeparCB~nt SUBMITTAL DATE: FebFusty 25, 1987 SUBJECT: C~g;GE 0¥ ZONE &742, I~;L~IVE TltACr NOS. 21672 &mi. NO. 21673 &red. No. 1, 21674 &red. No. I and 21675 &mi. He. 1. r-toer Development, First Supe~-~tsortal District, Rancho Ca/tfornla Areas 283 Tots/ Acres, 800 RECOMMENDED MOTION: Tota~ Lots, Schedu~ "A", RF. qUEST: £zou R-P, to It-l, It-2, and R-5. The Planning Connt~ston and graff gecomud: ADOlfION of the Hesstire Declaration for Ravtronmental Assesanent No. 30956 bas~l on the findinss ~ncozporated ~n the environmental assessment and the conclusion that the proposed pzo~Ject vi~L~ not have a significant effect on the anvtronment; and, DENIAL of Change of Zone NO. 4742 fzou R-It to R-I and R-2; and, APfitOVAL of Change of Zone Ho. &742 fzon R-It to R-l, I~-2, and !~-$ in accordance vtth Exhibit 4 sub~Ject to the attached conditions, based on the findings and conclusions ~nco~porated tn the Plan~Lng ComncLssion ncLuutas dated January 7, 1987; and, APPROVAL of TENTATIVE TRACT HO. 21672, Amd. 'No. I sub:Ject to the ! attached conditions, based on the findtrip and conclusions Incor- porated in the Planntn$ Comnlaston mlnutes dated January 7, 1987; APPROVAL of 'rEKTATIVE TRACT NO. 21673, And. No. I eubJect to the attached conditions, based on the findtnp and conclusions incor- porated in the Plannin$ Commission uctnutes dated January 7, 1987; and, APPI~OVAL of TENTATIVE TRACT NO. 21674, And. No. 1 sub:Ject to the attached conditimm, based on the findings and conclusions incor- porated in .the Plo~g Comn~sion n:Lnutes dated January 7, 1987; APPltOVAL of TENTATIVE TRACT NO. 21675, And. No. I sub:Ject to the attached conditions, based on the fiudtnp and conclusions incor- porated in the Planntu$ Commission minutes dated January 7, 1987. ltoxe~' S.I Streeter, Planning Dlrector POeM l~A (1~,J~2) Prey. Agn. ref. Depu. Comments Dist. AGENDA N RIVERSIDE COUNTY PLANNING coIqlqlSSlON gINLITES JANUARY 7, 1987 (ASENDA ZTEIqS 24, 24a, 24b, 24c, 24d - REEL 926 - SIDE I - Z121-2422) CHANGE OF ZONE CASE 4742 - EA 30956 -Katser Development - Rlncho California Area -Ftrst Supervisortel Dtstrtct- 283.1t acres, south of Rancho california Rd, west of Butterfield Stage Rd - R-R to R-1 and R-2, etc. TRACT 21672 AMENDED NO. 1 - EA 30956 -Katser Development - Rancho California Area -Ftrst Supervisortel Dtstrtct- south of Rancho california Rd, west of Butterfield Stage Rd - 177 lots - 75t acres - R-R Zone. Schedule A Subdivision TRACT 21673 AMENDED NO. I - EA 30956 -Katser Development - Rancho california Area -Ftrst Supervisortel Dtstrtct- south of'Rancho California Rd, west of Butterfield Stage Rd - 140 lots - 57.8t acres - R-R Zone. Schedule A Subdivision TRACT 21674 AMENDED NO. 1 - EA 30956 - Kaiser Development - Rancho california Area -Ftrst Supervisortel Dtstrtct- south of Rancho Clllfornta Rd, west of Butterfield Stage Rd - 155 lots - 44~ acres - R-R Zone. Schedule A Subdivision ~ TRACT 21675 AMENDED NO. 1 - EA 30956 -Katser Development - Rancho california Area -Ftrst Supervisortat Dtstrtct- south of Rancho California Rd, west of Butterfield Stage Rd - 325 tots - 106.3~ acres - R-R Zone. Schedule A Subdivision The heartngs were opened at 2:34 p.m. and closed at 2:52 p.m. STAFF RECOI~[NDATION: Adoptton of the negattve declaration for EA 30956, dental of Change of Zone case.4742 from R-R to R-1 and R-2, and approve] of Change of Zone Case 4742 from R-R to R-l, R-2 and R-S in accordance wtt~ Exhtbtt 4. The subject applications proposed to change the zone from R R to R-1 and R-2 and to subdivide 283 acres tnto 800 lots on properties wtthtn Spectftc Plan 199, ~htch had been adopted by the Board of Supervisors on August 26, 1986. The specJftc plan focussed on the destgn of the houstng and the utilization of the extsttng topography, coupled wtth creattve terrac- Ing gradtag to produce the effect of natural berrters between separate 'enclave' neighborhoods. Staff felt the applicant had attempted to meet thts goal through the destgns of the subject tract maps, and that the proposed zontng and tract maps were consistent wlth the approved spectftc plan and the Comprehensive General Plan. Staff was recm~endtng an R-5 zone for the open space lots, They had originally reco~l~ended an R-2-5000 zone for a portton of the area requested for R-2 zontng, but after discussions vrlth the applicant felt the density'could be adequately controlled wttha stretght R-2 zone and had therefore amended thetr recommendation. Two of the tract maps (No. 2~673 and No. 21675 ) proposed stngle famtly residential lots under the R 1 zontng standards, and t~o of the tract maps (No. 21672 and No. 21674) proposed slngte famtly residential lots under the R-2 zontng standards. Hs. Crottnger revtewed an exhtbtt showtag the circula- tion pattern for at1 four maps, advtstng the applicant had provtded for north-south thoroughfares (between Tracts 21672 and 21673, and between Tracts 29 RTVERSZDE COUNTY PLANNZNG COPIqXSSZON MZNUTES JANUARY 7, 1987 21674 and 21675); there v~s no east-west circulation between the four tracts. kxky circulation wou!d take place along the major roads (either Rancho Vista or Rancho California Road). The proposed density for the four tract maps Nas within the low to mid range densities allowed by the specific plano Ns. Crottnger racomhanded amendments to Conditions 6, 17(d), 17(9)(1), 17(9)(3) and 19(c) for all four tract maps. Csaba Ko. representing the applicant. agreed to the conditions as amended. There ~as no further testtmny. and the heartng was closed at 2:52 p.m. FINDINGS AND CONCLUSIONS: The applicant has submitted requests to subdivide 283 acres into 800 lots within Spectftc Plan 199, Iqargartte Villages; Specific Plan 199 identifies the density for the subject area to be 3 to 8 dwelltng units per &cre; the applicant's combined proposals average 3.2 d~elltng units per acre and range from 2.9 to 3.47 dwelling units per acre; the applicant's proposals p~ovtde for "tot" lots, open space, and equestrian tretls as outlined in the specific plan; the applicant has requested a change of zone from R-R to R-1 and R-2; and the proposed zoning meets the intent of the specific plan. The requested zontng (R-1 and R-2) ts inconsistent with ~ specific plan standards. The recommended zoning (R-l, R-2 and R-5) is consistent wtth the spectftc plan and the applicant's request; the tentative tract maps are designed in conformrice with the specific plan and Ordinances 348 and 460 standards; and the conditions of &pproval mitigate any environ- mental concerns. The proposed projects wtll not have a significant effect on the environment. ~TZON: Upon mtton by Countsstoner Bresson. seconded by Co,,,1ssloner Purvtance and unantmusly cartted. the Commission recommended to the Board of Supervisors denial of Change of Zone Case 4742 from R-R to R-1 and R-2 but approval of Change of Zone Case 4742 from R-R to R-l, R-2 and R-5 tn accordance ~tth Exhtbtt 4, and &pproval of Tract No. 21672 Amended No. 1, 21673 Amended No. 1, 21674 Amended No. I and 21675 Amended No. 1 subject to the proposed conditions, amended as follows, based on the &hove flndtngs and conclusions and the recontnendattons of staff. 6 - Delete the second sentence (Zf gradtng ts proposed on slopes of 10 percent or greater, an environmental assessment approval Wtll be requtred from the Planntng Department prtor to an acceptance of the plans by the Butldtng Department). 17(d) - Zf the open space lots and easements are to be mtntatned by a homeowners association, then a property owner's association with the unqualified rtghts. . . (balance of condition to be as shovm) 17(g)(1) -Prtor to the recordation of the ftnal map, the developer shall ftle an application wtth the County for the formation of or annexation to CSA 143, or burden the homeowners association, for maintenance of coneon open space and parkNays. 30 RIVERSIDE COUNTY PLANNING COHH:ZSSION M:ZNUTES JANUARY 7. 1987 17(g)(3) ' Add to the end (after the ~ord 'district'): or homeotmers association. 19(c) - Amend to requtre the acoustical study prtor to the tssuance of but]dtng pe~mtts (not prlor to the submittal of but]dtng plans). ROLL CALL VOTE RESULTED AS FOLLOI~S: AYES: NOES: ABSENT: Coaetsstoners Beadling, Smtth, Oonahoe, Purvtance and Bresson None None 31 Zontng Area: Rancho California Supervtsortal District: Ftrst E.A. Number: 30956 Regtonal Team No. 1 Quur~E OF ZONE NO. 4742 TEIITMIVE TRACT 21672 Amd. #1 TENTATIVE TRACT 21673 .Amd. #1 TENTATIVE TRACT 21674 Jmd. tl TEgTAT]VE TRACT 21675 Amd. #1 Planntng Commission: 1-7-87 Agenda Item No. 24 a, b, c, d RZVERSZDE COURTY PLANNI~ DEPARTMENT STAFF REPORT i !i Applicant: Katser Development Company Engineer: R.B.F. Type of Request: Change of zone from R-R to R-1 and R-2, two R-2 subdivisions and two R-1 subdivisions ~. 4. Location: Southerly of Rancho California Road, easterly c~~ ~ Extsttng Zontng: R.~f MergerIra : Surrounding Zontng: R-R, R-2, R-l, C-1/C-P and Spectftc Plan 199 7. Stte Characteristics: Low ro111ng htlls ~-2". 8. Area Characteristics: Developed stngle femtly homes to the west, 9. Comprehensive General Plan Elements: 10. Land Dtvtston Data: 11. School District a. Impacted? b. School agreement received? 12.a Agency Recommendations and Tract Data: Tract 21672 Amd. ~1 (R-2 Tract) 75 acres gross 179 Lots Total 174 Residenttel Lots 3.45 du/gross acre 4500± sq. ft. min. lot size high school to the south LAND USE: Specific Plan 199 Margarita Village DENSITY: Medium Low 3 to 8 du/acre OPEN SPACE/CONS: Specific Plan 199 TOTAL ACREAGE: 283 TOTAL LOTS: 786 Residential Lots 800 Lots Total DU PER ACRE: 3.2 du/gross acreage PROPOSED MIN. LOT SIZE: R-1 Tracts - 7200 sq. ft. R-2 Tracts - 4500 sq. ft. Yes Yes, Temecula Union and Elsinore Union High School See letters dated: ROAD: HEALTH: FLOOD: FIRE: WATER: LAND USE: 3-31-87 10-17-86 and g-5-86 10-17-86 and g-23-86 11-12-B6 9-03-86 10-23-B6 gRM~E OF ZONE RO. 4742 TENTATIYE TRACT NOS. 2167:~ /bad. #1 thru 21675 Aad. #1 Page 2 12.b Agency Recomendattons and Tract Data: Tract 21673 Amd. #1 (R-1 Tract) 57.8 acres gross 141 Lots Total 138 Residential Lots 2.9 du/acre 7200 sq. ft. min. lot stze 12.c Agency Recommendations and Tract Data: Tract 21674 Amd. #1 (R-2 Tract) 44 acres gross 155 Lots Total 153 Residential Lots 3.47 du/acre 4500± sq. ft. min. lots size 12.d Agency Recomnendattons and Tract Data: Tract 21675 Amd. ~1 (R-1 Tract) 106.3 gross acres 325 Lots Total 321 Residential Lots 3 du/acre 7200 sq. ft. min. lot size 13. Letters: 14. Sphere of Influence: See letters dated: ROAD: HEALTH: FLOOD: F1 RE: WATER: LAND USE: 10-21-86 1-29-87 10-17-86 and 9-24-86 12-11-86 and 9-9-86 9-03-86 10-23-86 See letters dated: ROAD: 10-21-86 HEALTH: 1-28-87 FLOOD: 3-23-87 F! RE: 9-09-86 WATER: 9-03-86 LAND USE: 10-23-86 See letters dated: ROAD: 3-31-87 HEALTH: 1-28-87 FLOOD: 10-17-86 and 9-23-86 FIRE: 9-11-86 and 11-12-86 WATER: 0-03-86 LAND USE: 10-23-86 Opposing/Supporting: None as of this None ANALYSIS: The applicant ts proposing a change of zone from R-R ~o R-1 and R-2 and to subdivide 283 acres into 800 lots wtthtn Specific Plan 199, ~rgartta Village. Specific Plan 199 yes adopted by the Board of Supervisors on August 26, 1986. ~rgartta Village ts a 1275.5 acre project proposing the establishment of 3650 residential dwelling units incorporating a variety of housing types wtth mixed densities. The focus of the Spectftc Plan ~s the destgn of the housing contained within and the utilization of the existing topography coupled with creative terracing grading to produce the effect of natural barriers between separate "enclave" neighborhoods. The applicant has strived to meet this focus through the destgns of Tracts 21672, 21673, 21674, and 21675. CHARGE OF ZORE NO. 4742 TENTATIVE TRACT NOS. 21672 /~d. #1 thru 21675 ~nd. #1 Page 3 TENTATIVE TRACT 21672 Tentative Tract 21672 ts an R-2 proposal tn Planntng Areas 30 and 32 of the Spectftc Plan. Planntng Area 30 ts 1denttried as haytrig 'family oftented houstng' wtth 'medtum to low denstry' at a denstry range of 3 to 8 dwelling untts per acre. Planntng Area 32 ts 1denttried as medtum famtly residential wtth a denstry range of 8 to 14 dwelltng untts per acre. Planntng Area 32 ts encompassed enttrely by Lot 179 of the tentative tract. Both Planntng Areas a~e wtthtn Phase I of the Spectftc Plan. Tract 21672 proposed 174 residential lots. Lots 33 and 97 are tot lots. Lots 177 and 178 are open space lots. Lot 178 also tncludes a 10 feet ~ide horse trail as requtrecl under the Specific Plan. I~tvate common open space within each planning area as per the Spectftc Plan text ts devoted to passtve open space use. In the family oriented areas, this may tnclude facilities for picnictrig, children's play areas, and small lot sports such as volleyball or basketball. Exact destgn and layout of the open space facilities for Tract 21672 are requested as a part of the conditions of approval. As Indicated tn ttem 12a on the cover page, Tract 21672 proposes a mfnlmum residential lot stze of 4500t square feet and a dwelltng untt density of 3.45 untts per acre. The applicant ts proposing four d~fferent floor plans, with each plan having 4 elevations. The smallest house proposes square feet; and, the largest square feet. The project ts tn conformance with Ordinance 348 as tt rela.tes to development standards for restricted single famtly development tn the R 2 zone. The lots haytrig f~ontage on Rancho California Road and Iqargartta Road are conditioned for an acoustical study prtor to the tssuance of butldtng pe~mtts as per-condition number 10 of the Spectftc Plan. Staff reco~nends that Lots 33, 97, 177, and 178 be zoned R-$ to reflect their intended use; that lot 179 be zone R-2 to reflect the 143 dwelling units assigned to that planning area as per the Specific Plan; and, that the remaining lots be zoned R-2 to accommodate the proposed tract. TENTATIVE TRACT 21673 Tentative Tract 21673 ts an R-1 proposal covertng Planning Areas 28 of the Spectftc Plan. Planning Area 28 encompasses the 11.6 acre school administration center 1denttried as Lot 139 on the tentative tract. Planning Area 28 ts 1denttried wtth the same denstry range of 3 to 8dwelling units per acre as Planning Area 30; and tt ts also wtthtn Phase ! of the Specific Plan. Tract 21673 proposes 138 residential lots wtth a mtntmum lot stze of 7200 square feet; and, t~o open space lots, Lots 140 and 141. Lots 140 ts for slope maintenance along Rancho Vista Road; and Lot 141 covers the Municipal ~ter Otstrtct easement and Incorporates the 10 feet wide horse tratl requtred under C~ANGE OF Z~E RO. 474Z TEllTAT:lYE TRACT IIOS. 21672 t~ru 21675 /mi. tl Page 4 the Spectftc Plan. There are no parks or tot lots proposed for Tract 21673 but the Spectftc Plan states that tt should be emphasized that I~rgartta Vtllage is planned as a stngle tritegrated co,t~untty and that contnuntty wtde recreational facilities (tf publlc) wtll be available to all residents of Hargartta Village and the Rancho California Cornunity as a '~ole. "Therefore, future Individual tract approvals must recetve credtt for the overall project-~tde open space and recreation systems tn assessing open space and recreation factltty requirements · for each future Individual tract." Staff recon~nends that Lots 139, 140, and 141 be zoned R-5; and, the remainder to be zoned R-1 as requested. TENTATIVE TRACT 21674 Tentative Tract 21674 ts an R-2 proposal covertng Planntng Areas 21 and 24 of the Spectftc Plan. Both of these Planntng Areas are 1denttried wtth the same density range of 3 to 8 dwelltng untts per acre as Planntng Area 30; howdyer, they are wtthtn Phase I! of the 5pectftc Plan. The Spectftc Plan states that phases my overlap based on changtrig economtc and market trends. However, major publlc factlity and 1nlrastructure construction wtll be completed for each phase according to development requirements. Tract 21674 proposes 153 residential lots. Lots 88 and 155 are open space lots. Lot 88 is proposed for tot lot; and Lot 155 is an open space lot for drainage purposes and the 10 feet wide horse tratl as required under the Specific Plan. The horse trail requirement is also proposed to be met via easements along the rear yards.of Lots 5 through 21 and the side yard of Lot 1. Exact design and layout of the open space facilities are required as part of the conditions of approval. The project proposed a minimum lot size of 4500± square feet and a dwelling unit density of 3.47 units per acre. There are 4 different floor plans, with each plan having 3 elevations. The ~nallest house proposes 845 square feet; and, the largest 1527 square feet. The project is in conformance with Ordinance 348 as it relates to development in the R-2 zone. The lots having frontage on Rancho California Road and the Kaiser Parkway are conditioned for an acoustical study prior to the issuance of building permits as per condition number 10 of the Specific Plan. Staff recommends that lots 88 and 155 be zoned R-5 to reflect the intended open space use; and, the reminder of the tract to be zoned R-2 as requested. TENTATZVE TRACT 21675 Tract 21675 ts an R-1 proposal covertng Planntng Areas 20, 22, 23, and 25 in Phase Z! of the Spectftc Plan; and, Planntng Areas 26 and 27 in Phase I. All of the above Planntng Areas are 1dentilted wtth the same density range of 3 to 8 dwelltrig units per acre as Planning Area 30. C~gI~E OF ZOgE #0. TEgT~T~VE TRACT I~S. 2~672 ~d. #1 Pa9e $ The project proposes 32! residential lots wtth a mtntmum lot stze of 7200 square feet; t~o park lots, lot 57 and 211; and, t~o open space lots for slope maintenance along Katser Parkvray and Street A, Lots 324 and 325. Exact design and layout of the open space facilities are reclutred as part of the conditions of approval. Residential lots adjacent to the Katser Parkay are conditioned for an acoustical study prtor to the tssuance of a butldtng permit as per condition number 10 of the Spectftc Plan. Staff recommends that lots 57, 211, 324 and 325 be zoned R-5 to ~eflect their intended use. CONCLUSION: There are 786 residential lots proposed by the four tracts. The Spectftc Plan Planning Areas identify a d~elltng unit count of 763. The Specific Plan text handles the difference through its statement that 'ftnal development densfries shall be determined through the appropriate tract application, up to the maximum density identified for the Planning Area in questton as sho~n on Table I-2 based upon, but not 11mtted to the following: adequate availability of services; adequate access and circulation; sensitivity to land forms; innovation in housing types; adequate provision of recreational open space; sensitivity to neighborhood design through appropriate lot and street layouts; compatibility with surrounding off-site development, land uses and densities etc.. The target dwelltrig unit count for the areas identified as Medium to low density ts 102! homes. The total project count is consistent with that number. ENVZRONMENTAL CONCERNS All environmental concerns have been addressed thoroughly in the Environmental Impact Reports for the Rancho Villages Policy Plan and Margarita Village as well as in Environmental Assessment 30956 which is attached. All concerns are mitigated through the conditions of approval. FINDXNGS: 1. The applicant has submitted requests to subdivide 283 acres into 800 lots within Specific Plan 199, Margarita Villages. 2. Specific Plan 199 identifies the density for the subject area to be 3 to 8 dwelling units per acre. 3. The applicants combined proposals average 3.2 dwelling units per acre and range from 2.9 to 3.47 dwelling units per acre. 4. The applicant proposals provide for tot lots, open space and equestrian trails as outlined in the Specific Plan. CHANGE OF ZI)NE NO. 4742 TENTATIVE TRACT NOS. 21672 Amd. #1 thru 21676 Amd. #1 Page 6 5. The applicant has requested a change of zone from R-R to R-1 and R-2. 6. The proposed zoning meet the intent of the Specific Plan. CONCLUSIONS: 1. The requested zontng is Inconsistent with Specific Plan standards. 2. The proposed zontng ts consistent wtth the Spectftc Plan and the applicants request. 3. The tracts as designed are tn conformance wtth Specific Plan standards, Ordinance 460, and Ordinance 348. 4. The conditions of approval mtttgate any environmental concerns. RECOI~ENDATZONS: ADOPTION of the Negative Declaration for Environmental Assessment Number 30956 based upon the findings in the initial study and the conclusion that the proposed projects will not have a significant effect on the environment~ and, DENIAL of Change of Zone Case No. 4742 from R-R to R-1 and R-2; but, APPROVAL of Change of Zone Case No. 4742 from R-R to R-l, R-2, R-2-5000, and R-5 in accordance with Exhibit 45 and, APPROVAL of Tentative Tracts 21672 Amd. #1, 21673 Amd. #1, 21674 Amd. #1, and 21675 Amd. ~1 subject to the attached conditions and based upon the findings and conclusions in the staff report. DA3:me 12-18-86 t~ ~CZ 4742 ; VAC t V AC KAISER DEVEL~ I~ C V & C mAP i CZ 4742 oo C,Z 4742 / TR m*ra, ams, m'r4,ams :R.R · ~R-R ~,~::.:- KAISER D 'E~.LDI~Eh[T CCL ~:.~ ~' R-R TO .R-I,, R-~ & R-**S [1','~[ :.. ~ GAbIF. ./' R-R ~IMIMdJIffA · \ RXVERSIDE COUNTY PLANNING DEPARTMENT SUBDIVISION CONDITZONS OF APPROVAL TENTATIVE TRACT NO. 21675 AMD. #1 OA~: P~.CH ~;3, ~7 NtENDED NO. EXPTRES: PIARCH .~], .'1_0.~ STANDARD CONDITIONS The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A , unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Oeoartment of Building and Safety. The report shall address the soils stability and geological conditions of the site. If any grading is proposed, the subdivider shall submit one Drtnt of comprehensive grading plan to the Department of Building and Safety. The plan shall comply with the Uniform Building Code, Chapter 70, as amended by Ordinance 457 and as maybe additionally provided for in these conditions of approval. e A grading permit shall be obtained from the Department of Building and SAfety orior to commencement of any grading outside of county maintained road right of way. One mylar copy of the approved grading plan shall be submitted to the ?epartmant of Butldtnq and Safety for transmittal to the Road Department. ~eleted at Planning ConTn~ssion 1-7-87). Any delinquent property taxes shall be p~td Drtor to recordation of the final map. The subdivider shall comply with the street improvement recommendations outlined in the Riverside County Road Oeoartment's letter dated _~:~!-.,q7 a copy of which is attached. TENTATIVE TRACT NO. 21675 AMD. ~! Conditions of Approval Page -3- 17. d. Lots created by this subdivision shall be in conformance with the development standards of the R-1 zone. eo When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement. fe Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. Prior to ~ECORDATION of the final map the following conditions shall be satisfied: Prior to the recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met. County Fire Department County Health Department County Flood Control County Planning Department Santa Ana Regional Water Qualtiy Control Board Metropolitain Water District Rancho California Water District Prior to the recordation of the final map, Change of Zone No. 4742 shall be approved by the Board of Supervisors and shall be effective. Lots created by this land division shall be in conformance with the development standards of the zone ultimately applied to the property. The common open space area shall be shown as a numbered lot on the final map and shall be managed by a master property owners association or other appropriate authority as indent·fled in the specific plan. de If the open space lots and easements are to be maintained by a home owner association then a property owner's association with the un- qualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The association shall have the right to lein the property of the owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust provided such deed of trust is made in good faith and for value and is of record prior to the lien of the association. {Amended per Planning Commission 1-7-87}. TENTATIVE TRACT NO. 21675 AMD. #1 Conditions of Approval Page -7- lg. 3) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. 4) Where cut or fill slopes exceed 100 feet in horizontal length, the horizontal-contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. ge Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert or redirect grading activity to allow recovery of resouces. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: aJ In accordance with the written request of the developer to the County of Riverside, a copy of which is on file, and in furtherance of the agreement between the developer and the Elsinore Union High School and Temecula Union School District, no building permits shall be issued by the County of Riverside for any parcels within the subject tract until the developer, or the developer's successors-in-interest provides evidence of compliance with the terms of said agreement for between the developer and the School Districts. In accordance with the written request of the developer to the County of Riverside, a copy of which is on file, and in furtherance of the agreement between the developer and the County of Riverside, no building permits shall be issued by the County of Riverside for any parcels within the subject tract until the developer, or the developer's successors-in-interest provided evidence of compliance with the terms of said agreement for the financing of public facilities. {library) Prior to the issuance of building permits an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn along Kaiser Parway. {Amended per Planning Commission 1-7-87). TENTATIVE TRACT NO. 21675 AMD. #1 Conditions of Approval Page -8- Prior to the issuance of building permits; composite landscaping,. recreational, and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardent {Class A} roofs as approved by the County Fire Marshal. 20. Prior to the ~ssuance of OCCUPANCY PERMITS the following conditions shall be satisfied: ae Prior to the final building inspection approval by the Building and Safety Department, a fencing plan along Rancho Vista road and Kaiser Parkway shall be submitted for Planning Director approval. All landscaping, irrigation and recreational facilities shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. Not withstanding the preceding condition% wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls s.hall be determined by the acoustical study where applicable. d. Concrete sidewalks shall be constructed throughout the subdivision in accordance with the standards of Ordinance 461. e. Street trees shall be planted throuqhout the subdivision in accordance with standards of Ordinance 460. f. Street lights shall be installed within the subdivision. CJC:bc 12/18/86 LeRoy D. Smoot COMMISSJOd~tl & COUNTY SUliYtYOe Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 OFFICE OF ROAD COM4AIIS.SIONER (; COL'NTY SURVEYOR March 31, 1987 Oet, ebeP-gJv-t986 Ladies and Gentlemen: Re: Tract Map 21675 - Amend tl Schedule A - Team 1 * Amended by Board March 31, 1987 With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvements and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as through occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Ccmnissioner's Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentra- tion of diversion of flow. Protection shall be provided by constructing adequate crainage facilities including enlarging existing'facilities or oy securing a drainage easement or by both. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills are allowed". The protection shall be as approved by the Road Depar~ent. The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner per~its the use of streets for drainage purposes. the provisions of Article XI of Ordinance No. 460 will apply. Should the ouantities exceed the street capacity or the use of streets be prohibited'for drainage purposes, the sub, iv,der shall provide adequate drainage facilities as approved by the Road Department. Tract ,l~ap 2)675 - Amend #1 Schedule A - Team ! tle~e~-~i~-~986 I~rch :31, 1987 Con'd i t t on s ,~ded by Board March 31, 1987 10. 11. ~jor drainage is involved on this landdivision and its resolution shall be as approved by the R~ad Department. ~aiser Parkway shall be improved within the dedicated right of way in accordance with County Standard No. 101, (38'/50'). Rancho Vista Road shall be improved within the dedicated right of way in accordance with County Standard No. 102, Section 32'/44'). Street 'A" shall be improved within the dedicated right of way in accordance with County Standard No. 103, Section A. (44'/66'). Streets "B", 'L" and "M" shall be improved within the dedicated right of way in accordance with County Standard No. 104, Section A. (40'/60'). Streets "C", "D", "F", "G", 'H', "I", 'J", "K", "N", "0" and shall be improved within the dedicated right of way in accorUance with County Standard No. 104, Section A. (36'/60'). Concrete sidewalks shall be constructed throughout the land division in accordance with County Standard No. 400 and 401 {curb sidewalk}. A primary and secondary access road to the nearest paved road maintained by the County shall be constructed within the public right of way in accordance with County Standard No. 106, Section B, (32'/60') at a grade and alignment as approved by the Road Commissioner. This is necessary for circulation purposes. Prior to the recordation of the final map, the developer shall deposit with the Riverside County Road Department a cash sum of $150.00 per lot as mitigation for traffic signal impacts. Should the developer choose to defer the time of payment~ he may enter into a written agreement with the County deferring said payment to the time of issuance of a building permit. No traffic signal mitigation will be required on open space lots 324 and 325. Tract Map 21675 - Amend tl Schedule A - Team 1 ~ebe~.~l~--19e6 March 31, 1987 Condi t't ons P'a~)e 3 Amended at Board I~rch 31, 1987 12. 13. 14. 15. 16. 17. 18. lg. 20. 21. 22. 23. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner. Completion of road improvements does not imply acceptance for maintenance by County. Electrical and communications trenches shall be provided in accordance with Ordinance 461, Standard 817. Asphaltic emulsion (fog. seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Sections 37, 39 and 94 of the State Standard Specifications. Standard cul-de-sacs and knuckles and offset cul-de-sacs shall be constructed throughout the landdivision. Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map and offered for dedication. Lot access shall be restricted on Kaiser Parkway & Rancho Vista Road and so noted on the final map... Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. The landdivider shall provide utility clearance from Rancho Calif. Water District prior to the recordation of the final map. The minimum centerline rmdii shall be 300' or as approved by the Road Department. The minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet. Street trees shall be planted in conformance with the provisions of Article 13a of Ordinance 460.53 and their location(s} shall be shown on street improvement plans. All driveways shall conform to the applicable Riverside County Standards and shall be shown on the street improvement plans.. ,'fact Nap 21675 - Amend tl ~chedule, A - Team 1 )c~vbr~ -~1-#-1a~6 Narch 31, 1987 :on~tti ans* ~age 4 ~nded by Board ~rch ~l, 1987 24. 25. * 26. 27. When blockwalls are required to be constructed on top of slope, & debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the Road Commissioner. The minimum garage setback shall be 30 feet measured from the face of curb. All centerline intersections shall be at 90° feet-o~-tan§en~-q~d-~t~e-~ew-~Me as approved by the Road Commi ss ioner. The street design and improvement concept of this project shall be coordinated with TR 21674 and TR 21673. GH:lh Very. truly yours, Gus Hughes Road Division Engineer * 26. All centerline intersections shall be at gO° as approved by the Road Con~nissioner. *Amended at Board March 31, 1987 CITY OF TEMECULA AGENDA REPORT AB#: ~ TITLE: DEPT HD ~ MTG: -~15tlo VACATION OF PORTION OF CITY ATTY DEPT:~,,~,.,~.~,~ MERCEDES STREET CITY HGR ~ RECOMMENDATION That the City Council vacate a portion of Mercedes Street subject to reservation of easements for public utility purposes, and further subject to obtaining an access easement from the State of California over the easterly half of Mercedes Street. DISCUSSION The intent to vacate the subject portion of Mercedes Street is to provide off street parking for the Sam Hicks Monument Park. The vacation of the street results in each half of the vacation street reverting to the respective frontage property owner. Thus the westerly half reverts to the park site as deeded by the Temecula Union School District, and the easterly half reverts to the state of California which owns the joint fire department's site. Fire department access is maintained with the street vacation but mutual ingress- egress easements over the vacated portions of the street would enhance and provide better vehicular and pedestrian movement in this mutual access and parksite parking area. STAFF CONCERNS Granting of mutual access easements will require State of California approvals at several levels and will not be accomplished shortly. We would therefore recommend that this street vacation be conditional and subject to obtaining these mutual access easements. FISCAL IMPACT The improvement costs for this parksite including the street improvements and parking area are estimated to be $41,000 by the design consulting engineer. The County is providing approximately $47.000 through CBDG funds. RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF MERCEDES THAT PURSUANT TO AUTHORITY PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE. WH~AS, it appearing to the satisfaction of the City Council of the City of Temecula, California, that a resolution of intention to vacate the hereafter portion of Mercedes Street was duly and regularly passed the City Council of the City of Temecula on the 14th day of June, 1990, and that said resolution was posted in three (3) public places pursuant to said Resolution No. 90-60, not more than fifteen (15) days from the date of passage or less than ten (10) days before the time of the hearing on the said proposed vacation; and that a "Notice of Public Hearing" was posted along the street to be considered for vacation in accordance with Chapter 3, Part 3, Division 9 of the streets and highways code and that said hearing on the proposed vacation having regularly come before the City Council for heating on the 3rd day of July, 1990, at the hour of 7:00 P.M. on said day, the City Council having found from all the evidence submitted that the hereinafter described portion of Mercedes Street is unnecessary for present or prospective sheet purpose. NOW THEREFORE, it is hereby ordered that the portion of Mercedes sheet shown and described on attachment "A" hereto is hereby vacated subject to condition: That a mutual ingress and egress easement be negotiated, executed, and approved by the City Council of the City of Temecula and the State of California over the portion of Mercedes Street to be vacated prior to certification and recording of this resolution. BE IT FURTHER RESOLVED that the City of Temecula does herewith reserve and except from the vacation above referred to, a permanent public service easement over and upon vacation of said portion of Mercedes Street to construct, place, operate, inspect, maintain, repair, replace and remove such public utility underground and overhead facilities as may be necessary upon over and across the said portion of Mercedes Street herein vacated. BE IT FURTHER RESOLVED that the City Clerk shall cause a certified copy of this resolution of vacation, attested by the City Clerk, to be recorded, when the condition herein set forth has been satisfied, without acknowledgement, certificate of acknowledgement or further proof in the office of the Recorder of the County of Riverside. 3/Res~78 APPROVED AND ADOPTED this 3rd day of July, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [ATTES~ 3/Resos78 ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 LEGAL DESCRIPTION ABANDONMENT MERCEDES STREET June 4, 1990 JN 26087-M1 Page 1 of 1 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Mercedes Street (60.00 feet wide) as shown on a map of the "Town of Temecula" filed in Book 15, Page 726 of Maps in the Office of the County Recorder of San Diego County, California, lying northerly of a line parallel and/or concentric with and 30.00 feet northerly from the following described line: BEGINNING at the centerline intersection of Moreno Road with Mercedes Street as shown on a map filed in Book 61, Page 14 of Records of Surveys in the Office of the County Recorder of said Riverside County; thence along said centerline of Mercedes Street South 72°51'02" East 31.50 feet to the beginning of a tangent curve in said centerline concave northerly and having a radius of 405.78 feet; thence along said curve and centerline easterly 134.62 feet through a central angle of 19°00'29"; thence tangent from said curve North 88°08'29" East 174.24 feet to the beginning of a tangent curve concave southwesterly and having a radius .of 150.00 feet, the southeasterly terminus of said curve being tangent to the centerline of said Mercedes Street (60.00 feet wide); thence along said curve southeasterly 121.30 feet through a central angle of 46°19'54" to said tangent intersection; thence tangent from said curve, along said centerline South 45°31'37" East 117.86 feet to the centerline of 6th Street. EXHIBIT "B" attached and by this reference made a part hereof. L.S. 3527 EXP. 6-30-92 Lawrence L. Bacon, L.S. 3527 co. R'. 800.0~' L ~ ~4.$$' EXHIBIT 'B' __ SKETCH TO ACCOMPANY LEGAL DESCRIPTION ,4~ANO~)iVMENT MERCEDES STBEE T OAIE I SCALE SHEET I OF / ~HEET ~bert c'~ei~z, fiT~illiam ~FrOst ~ ~ssociates PROFESSIONAL ENGINEERS, P~NNERS & SURVEYORS 2~765 SINGLE OAK DRIVE * SUITE 2~ · R~C~ ~IF~NIA, ~ ~ (714) 676.~42 · FAX (714) 676-7240 FIELD BOOK ~ JOB NO CITY OF TEMECULA AGENDA REPORT AB#: G TITLE: DEPT MTG: 'W'~l,~o OLD TOWN HISTORIC REVIEW CITY ATTY DEPT:q3k~, PROCEDURES AND RECOMMENDATIONS CITY NGR RECOMMENDATION The Planning Commission recommends that the City Council ADOPT the recommendations as delineated in the text of this report. BACKGROUND At the request of the City Council, the Planning Staff has investigated the procedures and evaluation criteria utilized by Riverside County in reviewing development proposals in the Temecula Historical Preservation District (Old Town). The results of our initial investigation were presented to the Planning Commission at their meeting on June 18. A copy of the staff report presented to the Planning Commission is attached for the Council~s review. Also attached is a map of the historic district boundaries and a copy of County Ordinance No. 578, which establishes historic district review procedures. In brief, the County's historic district ordinance established a five-member, local historic review board which makes recommendations to the Planning Director on development proposals within the historic district. The original board members were appointed by the Board of Supervisors in 1980. Due to resignations, only two board members remain: Doc Cummings and Bob Morris. The Planning Commission unanimously endorsed all of staff~s recommendations for incorporating historical review procedures into the City's development review process, with some added specificity. The Planning Commission's recommendations to the City Council are as follows: Review of development proposals and property alterations within the Temecula Historic Preservation District for historic appropriateness should be incorporated into the City's development review process as soon as possible. The City should re-establish full membership for the Temecula Historic Review Board through Council appointment of new members. Within the next two-month period, the City should establish interim review procedures and evaluation criteria for use in reviewing proposed projects in the Historic Preservation District. The City should investigate the possibility of expanding the boundaries of the Historic Preservation District. The City should initiate the formulation of permanent design guidelines and special development standards for the Historic Preservation District. The City should prepare a comprehensive, long-range strategy for the preservation and development of the Old Town area addressing such issues as land use, circulation, parking, public improvements, economic development, and urban design. If the Council is in agreement, staff requests authorization to initiate development of interim review procedures and evaluation criteria for the historic district. CITY OF TEHECUL~ PL~,h'NI N~ DE P~%RTI~ENT DATE: TO: FROM: SUBJECT: June 14, 1990 City of Temecula Planning Commission Ross Geller, Planning Director OLD TOWN HISTORICAL DISTRICT At the Commission's request, Staff has investigated the procedures and criteria which have been utilized by the County to review and evaluate development proposals in Temecula's Old Town District. In addition, recommendations have been formulated for incorporating similar procedures into the City's Development Review Process. In the late 1970's, members of the Temecula Historical Society and other local citizens urged County officials to establish some development controls which would help ensure the historic character of the Old Town area. In response, the County initiated a study of the General Plan and Zoning Ordinance for the purpose of establishing a historic preservation program for Temecula. The County's first action was the adoption of a Historic Preservation Element for the General Plan in early 1979. The Historic Preservation Element established a detailed policy framework for subsequent actions aimed at preserving historical resources throughout the County. In late 1979, the Board of Supervisors adopted Ordinance No. 578 which provided for the establishment of historic preservation districts and set up a process for local review of development proposals in such districts. The Temecula Historic District was established by the County in 1980. The historic district encompasses a 15-block area in downtown bounded by 6th Street to the north, River Street to the west, 2nd Street to the south, and Interstate 15 to the east. Originally, a much larger area was proposed to be included in the historic district, however, local opposition prevented this. Ordinance No. 578 states that if property owners of more than one-half of the total assessed valuation within the proposed district are opposed to the district, then the district may not be established. In order to overcome opposition from property owners outside the downtown core, the area of the historic preservation district was reduced. Ordinance No. 578 provided for the establishment of a local review board to oversee preservation activities and review development proposals in the historic preservation district. Page Two June 14, 1990 The local review is intended to be composed of five (5) members appointed by the Board of Supervisors. The board members are to serve staggered two-year terms without pay. One member is required to be knowledgeable in architectural and construction techniques. The board is required to hold regular meetings and is responsible for establishing its own rules and procedures. Specifically, Ordinance No. 578 provides the local review board with the following duties: Provide for pre-application conferences with individuals interested in constructing or altering property within the district. Recommend implementation guidelines and standards to be used in the review of the applications. Explore means for the protection, retention, and use of significant historic resources within the district. Serve as an advisory resource to County agencies in matters pertaining to the district. ® Render advice and guidance, upon request, to property owners and occupants within the district. Encourage public understanding and appreciation of the unique heritage of the community. The local review board does not have the authority to approve or deny proposed development projects or other property alterations. Instead, they serve in an advisory capacity to the planning director, who has the responsibility for issuing Certificates of Historic Appropriateness. Without such a Certificate, projects may not move forward. Applicants pay a fee to have their projects reviewed for historic appropriateness by the planning director. The planning director seeks advice from the local review board and other agencies or departments, who have 30 days to respond in writing. The planning director's decision may be appealed to the area planning council. Temecula's local review board refers to itself as the Historical Review Board. The original membership of the board has never been changed, although resignations, including two very recently, have left the Board with only two acting members, which is not enough for a quorum. In its ten-year history, the Board has reviewed an average of only one or two cases per year (according to one of its members), the most recent being earlier this year. It appears that neither the Board nor the County ever adopted any detailed design guidelines or evaluation Page Three June 14, 1990 criteria to guide its decisions on development proposals, although this is still being researched. The Board has worked to make projects conform to an 1890s theme of southwest architecture. The Board has worked to make projects conform to an 1890s them of southwest architecture. The Board has kept its procedures and meetings fairly informal. It appears that pre- application conferences with applicants, as described in Ordinance No. 578, rarely occurred. With the incorporation of the City of Temecula, the Temecula Historic Preservation District remains intact and Ordinance No. 578 is still technically in effect. The County's zoning and development standards are also still in effect. The County's development standards have always presented some difficulties in Old Town because they have not been customized to address the unique situations in this area and have not been designed to promote the historic preservation objectives of the district. In conclusion, staff recommends that the Planning Commission make the following recommendations to the City Council. Review of development proposals and property alterations within the Temecula Historic Preservation District for historic appropriateness should be incorporated into the City's development review process as soon as possible. The City should immediately establish its own historical review board for the Temecula Historic Preservation District. The Planning Commission may choose to take on these responsibilities itself or recommend the appointment of a separate board or committee advisory to the Commission and Council. The City should establish interim review procedures evaluation criteria for use in reviewing proposed projects in the Historic Preservation District. The possibility of expanding the boundaries of the Historic Preservation District should be investigated. The City should initiate the formulation of guidelines and special development standards Historic Preservation District. design for the The City should prepare a comprehensive, long-range strategy for the preservation and development of the Old Town area addressing such issues as land use, circulation, parking, public improvements, economic development and urban design. ORDINANCE NO. S78 AN ORDINANCE OF THE COUNTY OF RIVERSIDE PROVIDING FOR THE ES- TABLISHAAENT OF HIS- TORIC PRESERVATION DISTRICTS The Board ol Supervisors of the County at Riverside, State of California, do ordain as tallows: Section I. PURPOSE AND INTENT. It is hereby declared aS a moffer of DuOItc POlicy that the recognition, protea- lion, preservation, enhance- ment, perpetuation and use at sites and structures within the hC.o~.nt¥ of Riverside having ISTOrlC significance iS neces- sary and reauired in the inter- est of the health, safety, pros- parity and general welfare of the public.'The purpose of this ordinance is to: (o) Effect and occomolish the arasaction, enhancement and aerDetuation at such provemerits which reDresent or reflect signitJcc)nt ele- ments of the county's history: (hi Safeguard the countv's historicheritage, os em- bodied anal reflected in cifJcallv defined Historic Preservation Districts. Ic) StaOilize and ireDrove oroDertv value. (d) Protect and enhance the countv's attraction to residents. tourists and visi. tars, and serve as o support and stimulus to business and industry. (el Strengthen the economy of the county. if) PrOmote the use of His- toric Preservation Districts for the education, pleasure, arosoerlly and welfare of the peDDle at the county. Section 2. DEFINITIONS. In this ordinance, unless the con- text otherwise reouires, the following words shall hove the following meanings: (o) APPLICANT means onv Derson who aDolies for Certificate at Historic Ap- proofiDleness altecting prop- arty subject to thisordinance. (b) ALTERATION means: (I) any oct or arocess which changes or modifies one or more of the exterior archi- tectural features of an existing structure. within the boundaries of o HiSTOriC Preser- vation District includ- ir.~, Put not limited to, exterior changes to, or moditlcalion of structure, architec- tural details, or visual characteristics such as paint color and surfDoe texture; (2) the placement or re- moral of any exterior o~iects such as signs, pigDues, light fixtures, sireel turmture, walls, fences, sleds, plant- ings and landscoDe aC- Cessories atfecting the exterior visual auali- tJ~ at the GraDarty, or (3) any new construction that reauires o Dermis or entitlement of use from the County of Riverside. (C) BOARD means the Board of SuPervisors of Riv- erside County. (d) CERTIFICATE OF HISTORIC APPROPRIATE- NESS means o certificate is- suea by the Planning De- partmeat or, on aDocol, by the Area Planning Council having iurisdictlon, which approves Plans for the con- structie~ or alteration of an Improvement or o modifica- tion of use of a specific site or natural feature within the boundaries of a Historic Preservation District. (e) ELEVATIONS means the flo~ Scale orthooraanic orole~ed Growings of all ex- terior verHcal surfaces of a buildling. if) L~XTERIOR ARCHI- TECTURAL FEATURE means the architectural de- Sign, general arrangement and components of all of the outer surfaces of an im- provement, including, but not limited to, the king, color and texture of the building material and the type and style of oll windows, doors, lights, signs and other fix- tures apourtenont to such Imorovement. (g) FACADE means the front, side, rear or super- structure of o building, or any port of o building which is subject to view from a Public right of way. (h) HISTORICAL CDM- AAISSION means the River- side County Historical Commission. (i) HISTORIC PRESERVA- TION DISTRICT means any area designated by the Board of Supervisors os a historic area that Is su101ect to the provisions of this ordinance. IAAPROVEAAENT means any building, struc- ture, place, oarking facility, fence, gate. wall or other olD- 'leas constituting a physical betterment of real proDer/v, or any part of Such betterment. (k) PERSON means any person, firm, corporation or association. (I) PLANNING COAAAAIS- SION means the Riverside County Planning Commission. Section :3. ESTABLISH- MENT OF HISTORIC PRES- ERVATION DISTRICTS. (o) Any person may file 0 reauest that the Historical Commission study and make recommendations regarding the designation of certain areas of the County having Saeciol historical signifi- cance as Historic Preserva- tion Districts. All such re- Guests shall be filed with the Parks Director and shall be occomoonied by coates of Riverside County Assessor's moos clearly delineating the bounclaries of the oreo fo be considered as Historic Pres- ervation District along wHh o statement of Justification describing the historical sig- nificance of the oreo. (b) The Parks Director shall study the matter uOon comoleSion of the re- view, algae the reauest on the regular agenda of the Historical Commission for Its recommendation. (c) Uoon completion of its revmw, the Historical Com- mission shall make a recom- menEaSton on the proposal and tarward it to the Plan- ning Director. The Historical Commission shall reCOm- mend that an area be desig- nated as a Historic Preser- vation District only if It determines that there is a factual basis to make one or more of the findings Ilstea in sub-section :f) of this section. (d) Uoon receipt of o rec- ommendation from the His- torical Commission, the Planning Director shall re- view the molter and shall cause the prooasDi to be en- vironmentally assessed, in- cluding the oreooration of an environmental impact re- Dart, if required, and upon completion thereof shall set the matter for a DuDlie hear- ing before the Planning Commission. (e) The Planning Commis- sion shall hold o public hear. ing on the proposed Historic Preservation District and shall make a racommerida. lion to the BoarO of Supervl. sots as to whether the pro- Dosed district Is in conformity with the pur- poses and Criteria of the His- toric Preservation Element of The Riverslad County Gan. eral Plan and otherwise meets the crHerlo set forth in this ordinance for the es- tobllshment of a district in- Cluding its ~eco.mmendotlon radarElna the findings re- quired in sub-section if) of this section. Notice of the time and place of the public hearing before the Planning Commission, Including a general description of the oreo and exolonatlon of the matter to be considered shall be given at least 10 calendar days before the hearing by publication once In a news- pader of general circulation, published and circulated In the county and bY Dosting a notice In consolcuous places located within the bound- aries of the orooosed Histor- ic Preservation District not less than 10 days prior to the hearing. (f) UPon receipt of a recom- mendalan from the Planning Commission, the Clerk of the Board shall place the matter uoon the regular agenda of the Board of Sugarvisors for de- termination bv the Board as to whether It desires to Iqold a puOllc hearing on the matter. If the Board determines to hold o auGIlL hearing, not less than 14 daYS prior to the date of the hearing, the Clerk of the Board shall mall to every ooertv owner within the undarles of the proPascal Historic Preservation District, at the addresses shown on the last eauollze~ assessment Fall, O notice of hearing and shall file on affidavff In the pro- Dosed district file verifying that the mailing has been com- pleted. All Such notices shall Include the time and olace of the hearing, a Gescrlptlon of the oreo to be Included In the proposed district, an exolono- tlon of the ourDose of this district a brief description of the type of restrictions thor'will be plied to oil aroaertv In the dis- trict, and o statement that oral and written protests to the Dosed formation will be con- sidered at the hearing. After closing tl'~e public hearing, the Board shall make its decision regarding the formation of the proposed district within a rea- sonable time thereafter; pro- vided, however, o district shall be established only if the Board makes one or more at the following findings regard- Ing the area being considered: (1) The area exemplifies or reflects significant iects of the cultutah ticoh economic or Social history of the nation, state or county, or (2) The area is Identified with historic personages or with linoartant events In national, State or lOCal histor"v, or ~3) The area emb~lies the distinguishing charac- teristics of a significant architectural Period which is inherently valu- DOle for the study of ar- chitecture unlaue to the history of the county, state, or notion. (g) Notwithstanding the above, if the Board finds our. ing the p~OIIc hearings that orotests have ~ made bv the owners of real proDarty within the Proposed Historic Preservation District, the sessed value of which, shown by the last eauallzed as- sessment roll, constitutes more than one-half of the total assessed value of the real proDarty within the oro~osecl district, the proaee¢llngs shall be immediately terminated and the BoDrd shall not, for one year mereafter, com- mence any proceedings relat- Ing to the formation of a HIs- toric Preservatlo~ Oislrlct Involving any DartIon of the real oroDerty owned tw any Derson flung a protest. (hi All reauests to terminate, or modify the bounclorles of an established Historic Prmrvo- lion District Shell 0e made In writing directly to the Board of SuOervisors, stating the rea- sons therefor. The Board may accept or reject a request without any hearing thereon; provided, however, if o re- Guest. Is accepteel, the matter shall then be referred to the Parks Director for processing in the same manner as for the formation of a district. When- ever a reauest for modified* Ilon or termination of on es- ol~llshed district is acteDted bY the Board and Is ultimately set for hearing before the Board, Pursuant to sub-section If) of this section, every argo- · arty owner within the estob- Ilshecl district shall receive no- tice of the hearing on the maffer. SeCtIDa 4, L.OCAL. REVIEW BOARD. (o) E~.h historic Preserva- tion District that Is estat)- Ilshad shall have o local Re- view Board composed of $ members° ooDolntecl by the Board of Supervisors, who. shall serve without GaY. One member shall be knowledge- able In architectural and construction techniques and t~nll members shall exhibit an terest in and knowledge of the history and architecture of the Historic Preservation District. Members shall be ol~x)inted for terms of 2 eears, except that 2 roam- rs Initially oaDolnted to the Review Board shall be appointed for one-year terms so that the number of terms expiring [t any year shall not differ ov more than one from the number of terms expiring In any other year. (b) The local Review Board shall hold regular public meetings and establish such rules as may be o~roDriate or necessary for the GrEatly conduct of Its business. At its . first meeting, the appointed members shall elect officers who shall serve for terms of one year. Three members shall constitute a aUGrUm, and decisions of the Review Board shall be determined by malorltv vote of those members at any meeting. s~ac) The local Review Board II have the following er~ and duties In addition to those otherwise provided in this ordinance: (I) Provide /or ore-appli- cation conferences with individuals inter- estecl in constructing or altering proDarty within the Historic Preservation DIstrict. The purpose of these conferences shall be to familiarize the ODDti- tanS with the historic significance and relat- edcons/ruction theme of the district. (2) Recommend 'imple- mentation guidelines and standards to be used by the local Re- view Board In the re- view of am)Ucations, which shatl be sub- misted to the Plan- ning Director for a determination of con- slstencv with the His- toric Preservation Element of the River- side Courtly General Plan. The oDorarea guidelines shall be used by the local Re- view Board anci the Planning Depot truant OS the basis of OD- Droving or denying applications tar a Certificate of Historic Appropriateness. The joldellnes shall con- in drawings and pt'totngraphs or ductIons thereof, In- zlUC~ing a standard- easurvev of historic sites and I~tructures which will serve os general guides of ac- ce~tae)le construction within the district. (3) Explore means for the protection, retention, and use of any signifi- cant structures, natu- ral features, sites and areas In the district in- cludlng, but not limit- ed to, appropriate leg- Islation and financing by indeemndent fun~ ing organizations, or other private, local, state, or federal assistance. (4) Serve as an advisory resaurce._to 011 agen- cies of Tno county in matters oarlathing to the district, and to en- courage efforts by, ~ cooaeration with, Individuals, private organizations and oth- er governmental agen- cies concerned with preservation of the dJslrlct's architectur- al, environmental, and cultural heritage. (5) Render advice and guidance, UPOn re- guest of the oroDer'ty owner or occupant re- gardtng construction, restoration, alter. allan, decoration, landscaping, ~r main- tenanco of any struc- ture, natural feature, site, or area within the district. (6) To encourage public unaerstandlng and Oreclarion of the unique architectutah environmental, and cultural heritage of the community through educational and inter- pretative programs. Section $. BUILDING PER- MITS; PROHIBITION (a) Withtn the boundaries of an adootecl Historic Pres- ervation District, no building or structure shall be con- structed or altered and no building permit, excegt for permits for gemgillian of a building, shall be issued by the Director of Building and $afe~ unless a Certificate of Historic ADproorloteness is first issued by the Planning Director or granted on Deal by an Area Planning Council. (b} Within the boundaries of on oclooted Historic Pres- ervation District, no person ~ehall alter. or cause to be ai- red, construct, or cause to be constructed, any building or structure, excegt in strict comallaoce with the plans aDoroved in coniunction with · the ISSUance of a Certificate of HIstoric Aoorooriateness. (c) Nothing in this section shall be construed so as to exempt any person from complying .with any other' provision o[ Iffi. SeCIIQn 6. APPLICATION FOR CERTIFICATE OF HIS- TORIC APPROPRIATENESS. An aoplicatlon for a Certifi- cate of Historic Aoaropriate- hess, authorizing the construc- tion or alteration of o building .or structure within o Historic Preservation District, shall be made in accordance with the following ~rocedure: (a) Any owner, or Derson authorized by the owner, of a oarcol of argoarty, Imoroved or unimm'oved. may request the Issuance of o Certificate of Historic APProPriateness bv filing with the Planning Director on aoolication for a certificate on the form fur- hisheel bY the Planning De- Partment. NO aoolicatton shall be accoatoLl bv the Planning Director for pro- cessing unless m:comDanied by a filing fee of $100, sucn dafo and other Information as is required by the Plan- ning Director, including any required environmental umentatlon, ancI drawings slgne~l bY any architect re- tS~ sib~le for the construc. alteration of the building or structure. The drawings must be In suffi- cient detail to meaningfully show, insofar as they relate to exterior aOoearonces, the grolx~ea archilec/ural sl~n, incIu~lioa elevations, pr --~,M~I robSerials, t. ex- lures, and COlors, Inclualng samales of materials or col. ors and the plot Dion or site layout, inclucling all Ira. Drovemerits affecting Dearantes, such as walls, walks, terraces, plantings, accessory buildings, signs, lights, and other elements. lb) UPon receipt of a cam- Dieted application, the Plan. ning Director shall transmit a coov of the agpllcation to the local Review Board, the Historical Commission and any other aeaartment or agency deemed necessary by the Director, each of which shall have 30 days to submit written comments to the Planning Director. (c) The Planning Director shall aDorove or deny an ao- Dlication for a certificate within 30 days after the expi- ration of time for written comments and shall give no- lice of the decision, by mall, to the applicant, together with any required conditions of oDoroval. The Planning Director shall also mail a co~v thereof to the Historical Commission, the local ,view Board and all persons and organizations that have tiled on annual written re- guest to be notified of any such decisions within a specified Historic Preserva- tion District and who have paid on annual fee to cover the costs involved. (d) No aPPliCatIon for o Certificate of Historic AD- prooflateness shall be proved unless the Planning Director, or on agpeol, the Area Planning Council hav- Ing lurlsdlctlon, finds that the Proposed construction or alteration is consistent with and conforms to the lives and design criteria Set forth in the H~storlc Preset* varian Element of the River- side Count~ General Plan and the guidelines and stan- dards of the local Review"- Board that relate to the soe- elf to Historic Preservation District In which the Dosed construction Is located. Seelion 7. APPEALS. The goaliconS, or any Inter- ested person mov aPPeal tO the Area Planning Council having lurisdlCtlon over the DartIon of the county where rne project is located, any fi- nal decision of the Planning Director to grant or deny on oogllcatlon for a Certificate of Historic Aporoprlateness. All oogeols must be filed within 15 days after the Planning Dlrec. tar has Issued a decision, must be in writing on the forms pro- vlded by the Planning Pegart- mens and must be occomoo- nled bv a filing fee of S60. Upon receipt of a completed aDocol, the Area Planning Council Secretary shall set the molter for hearing before the Area Planning Council not less than 10 days nor more than 3S days thereafter and shall give written notice of the hearing to the ODDaligns, the applicants, the local Review Board and oil ~orSOns and organizations who ve filed an annual written request to be notified at any oDDaais within o specified His- toric Preservation District and who have paid the fee to cover the costs involved. The Area Planning Council shall render Its decision within 35 days fol- lowing the close of the hearing on the Sectloft I. SEVERABILITY. If any section, suP-section, paragraph, sentence, clause or phrase of this ordinance Is for any reason held to Oe Invalid or unconstitutional, such Inva- lidity or unconstltutlonalltv shall not affect the validity or constitutionality of the re. maintrig oortlo~s of this oral- nonce, it Peing expressly clarea'that this oralnonce and each section, sub-section, Doragraph, sentence, clause onO phrase thereof waula have been adoglad, Irresoeclive of the fact that one or more other section, suP-section, para- graph, Sentence, clause or phrase be declared Invalid or unconstitutional. Section f. LEGAL PROCE- DURE; PENALTY FOR VIOLATION. (a) Any bullall'rig or struc- ture constructed or altered contrary to the gravisloftS of this ordinance shall be, and the some Is here~w daclared to be, unlawful and a public ' nuisance and the District At- tamer shall Immediately commence action or actions, proceeding or proceedings for the abatement, removal and enloinment thereof, In the manner provided by law; and shall take sucfi other stoa, s, and shall apgl¥ to SUCh court or courts as may have lurlsdictlan to. grant such relief as will agate or remove such building, struc* Sure or use and restrain and ertlgin any oarson from set- ting Ha, erecting or main- talnlng such building or structure, or using any grog- arty contrary to the Provi- sions of this ordinance. (b) All remedies Provided for herein shall be ~dmulQ- tire and not exclusive. The conviction and Punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited condi- tions or removing prohibited buildings, structures or Im- provements, nor prevent the enforced correction or re- moval thereof. (c) Any person, firm or cor- poration violating any of the provisions of this ordinance or of any permit or exception granted hereunder shah be deemed guilty of a misde- meanor and upon conviction thereof, shall I~e Punishable bv a fine not to exceed /~00.00 or by Imprisonment in the County Jailnot to ex- ceed six months, or by both Such fine and Impfigment. Section 10. This ordinance shall take ef- fect 30 days after the dote of Its adoorion. BOARD OF SUPERVISORS OF THE COUNTY OF RIV- eRSlOE, STATE OF ALIFORNIA B~hWALT ABRAHAM airman ATTEST: DONALD D. SULLIVAN Clerk By DeWana Waples Deputy I HEREBY CERTIFY that a! o regular meeting of the board of SuPorvlsors of said county held on October 23, 1979, the foregoing ordinance consisting of Ten (10) seelions was aclooted by said ~oard by the following vote: AYES: Supervisors Record, McCandless0 Younglava and Abraham. NOES: None, ABSENT: SuPervisor ~[~L°~or' DATED: October 23, 1979 DONALD O. SULLIVAN Clerk of the Board BV DeWaria W~les Oeautv !1/6 Temecula Historic District" ~ no scale BOUNDARY EXCLUDED AREA CITY OF TEMECULA AGENDA REPORT AB#: HTG: 7~'3~90 DEPT: TITLE: Bister Cit~ Pro~ra~ DEPT HD CITY ATTY CITY HGR RECOI~ENDiITTON: 1. Appoint a chairperson for a Sister City Committee· Invite interested individuals to participate on this committee to explore the possibility of affiliating with Sister Cities, International. BACEGROUND: City Council has asked staff to research ways in which Temecula can become involved in a "Sister City Program". Included with this staff report is information on the Sister Cities International organization. FIBC~L II~PACT: Should the Council choose to affiliate with this organization the fees, based on population, range from $100 to $925. JSG " TF ITIES sister THE U.S. SIS ORGANIZATI0 , PURPOSE: Sister Citi~ International (principal program of the ~own Affiliation Association of th~ U.S., Inc.) is dedicated to the goal of fu~be~ng ~obal understandin~ Dy encouraging and ~sisi'~g U.S~ co~Gnities and their cit~¢ns to l~k with si~lar eommu~tim ~roughout the world. An ~liation d~wlo~ when an American community of whatever size or character officially links with a ~ommunity in anotber nation. ~c goal for the communities involved is to learn more about each other an~ to dewlop I~ting and mcanin~ul cxch~g~. ~ ideal affiliation involves a large number of citizens and organizations in Doth communities cnga~ng ~ cxch~ of ~ople, idc~ and cultures on a long-term, continuin~ D~is. ~ national ~s~iation provides a mechanism for U.S. communities to enter this program Dy assisting them in the press of linking ~th a community in another country. It acts ~ a coordinator and cat~yst to cncourag¢ v~ons ty~s of sister ~ti~ ~ti~ti~ ~d se~es as a clearinghouse to gather, anMyze and share i~ormation, research and know]edge. HISTORY: Affiliations between cities in the United States and other countries began shortly after 1945, but no real national focus was realized until 1956 when President Dwight D. Eisenhower initiated the People-to-People Program at the White House. Out of this grew Sister Cities International which has assisted more than 870 U.S. cities and counties, representing over 125 million Americans, establish links with some 1,400 communities in 92 other nations of the world. MEMBERSHIP: Sister Cities International is a tax-exempt, non-profit organization incorporated in the District of Columbia in 1967. The association has five categories of membership: Government member, Ambassador Association, Individual member, Service/Institutional member, and Corporate Sustaining member. Association activities are also supported by private contributions, foundation grants and by funding support from the U.S. Information Agency and the U.S. Agency for International Development. LEADERSHIP: A 34 member board of directors governs Sister Cities International with assistance from an international executive board. The board of directors is composed of 24 elected members; six directors appointed by the president, with the approval of the board; one director elected each year by the National Youth Program Assembly to serve as the youth representative and the dean of the Ambassador Association who serves for a one year term on the board. There are 1 ! officers- a president, a chairman of the board, a chairman of the executive committee, six vice-presidents, a secretary and treasurer. The 24 elected directors are elected at-large by and from the membership of the association at the annual business session -- eight directors each year for three-year terms. A nation-wide system of state coordinators and state level management teams provides services to member cities throughout the United States and coordinates workshops to assist in training programs. State coordinators are appointed by the SCI board of directors. ACTIVITIES: In addition to policy, program development and member services, the organization coordinates and facilitates several major activities. They are: technical assistance programs with developing nations; youth and education programs; special conference programs; assistance in formalizing new affiliations; research and information service; the annual Eisenhower International Golf Classic and Eisenhower Scholarship Program; the Reader's Digest annual awards program; the Kanazawa Scholarship Program for entrepreneurial and practical trainee exchange; and leadership development training programs. MEETINGS: The association holds an annual conference in the summer which focuses on national and international issues. The annual conference alternates between East and West of the United States. In addition, state and regional workshops and training seminars are held to increase program skills at other times of the year. Sister Cities International 120 South Payne Street Alexandria, VA 22314 For ft~rlhcr illl'Orlllillioll coiltact: Telephone: !-703-836-3535 ~ Facsimile: 1-703-836-4815 Telex: 40 ! 565 Easylink: 62885879 The Sister City Concept "The Sister City Program is an important re- source to the negotiotions o.f 9overnments in letting the people themselues giue expression to their common desire for .friendship, good will, and cooperation .for a better world.for all" --President Dwight D. Eisenhower Town affiliations between the Untied ,Stales and olher countries began shortly after World War I1, and soon became popularly known as Sister Cities. The program became a national effort when President Eisenhower proposed the People-to-People program at a White House Conference in 1956. His idea was to involve people and organized groups at all levels of our society in personal diplomacy. One of the groups formed as a result of the People-to-People concept was the Civic Com- mittee, established to promote Sister City relations on a national scale. At the request of the Civic Committee, the National League of Cities, representing more than 15,000 cities, towns, and villa~s in the U.S., agreed to serve as a clearinghouse in expanding the Sister City concept among its members. In the first few years of the prog~,m~, a dozen active affiliations were started. In the early 1960's, the number of city affiliations began to increase rapidly and it became clear that a qew national organization devoted exclusively to lhe support of the Sister City program was needed. In 1965, delegates to a Western Regional Sister City Conference in Portland, Oregon, unanimously supported the establishment of a national organization. The League of California Cities and the League of Oregon Cities adopted resolutions supporting the idea. The Executive Committee of the National League of Cities followed suit at its meeting late in 1965. In response, the Town Affiliation Association of the United States, Inc., was officially incorporated on June 12, 1967, as a non-profit corporation in the District of Columbia, de- fined in its articles of incorporation as a "membership organization to foster better international understanding and cooperation through Sister City relationships." The Town Affiliation Association (TAA) is governed by a board of twenty-five directors elected by the membership. Voting member- ship in the Association is held by cities, state associations of municipalities, the National League of Cities, other units of local govern- ments and local Sister City Committees which pay annual dues and are responsible for carm- ing out an affiliation with a foreign community. Sister Cities International (SCI) has evolved as the principal program of the Town Affiliation Association. Although the TAA title is still used on corporate documents, Sister Cities Inter- national is the name now widely used and recogNzed as descriptive of the Sister City concept. SCI program development is handled by a professional staff with years of service in other nations and the Sister Cities movement. The Washington headquarters is directed by an executive vice president, and sector directors are responsible for specific program develop- rnent. A network of SCl representatives and regional vice presidents provide close contact and advice to local programs. They are avail- able to assist any individual, organization, or community wishing to join the program. How To Build A Sister Cities Program In Your Community What Is A Sister City? When an American community of whatever size or charac- ter joins with a community in another nation to learn more about the other and to develop friendly and meaningful exchanges, the two may propose a formal affiliation. The ideal affiliation involves a large number of dtizens and organi- zations in both communities engaged in continuing projects of mutual interest. This interchange helps to further international understand- ing at all levels of the community on a continuing long-term ~-~asis. Within the program dries and their citizens exchange .~ople, ideas and culture in a variety of educational institu- aonal, munidpal, professional, technical and youth projects. The Sister City program as a national concept was launched at the White House in 1956 when President Dwight D. Eisenhower called for massive exchanges between Amer- icans and the peoples of other lands. Hundreds of American dries responded and today are carrying out meaningful exchanges with their affiliates in 86 nations of the world. Why Have A Sister City? A Sister City program helps the dtizens of both com- munilies become directly involved in international relations in unique and rewarding exchanges which benefit everyone. it enables all who participate to: · Exchange ideas and develop friendship with their coun- terparts in another culture on a direct personal basis. · Establish an idenlity as members of tbe family of man involved in the constructive process of building world peace. · Develop a way for the many and diverse elements of every community to come together to enjoy and profit fi'om a cooperative program. Open new dialogues with the people of another culture to find unique solutions to improving the quality of urban life. Participate in a program with a real partner in another country so all members of the community can feel they are contributing to intemational understanding in a direct personal way. · Better understand their own community by interpreting their way of life to the people of another culture. What To Do First? Hundreds of U.S. communities of all sizes have discovered the rewards of participating in an international program where each and every member can and does realize deep personal satisfaction. Your community can join this growing movement, but first you have to develop support for the idea in your own community. This can be easy and fun. And, you will have a lot of help from Sister Cities International- the national organization of Sister Cities in the U.S.- as well as from hundreds of volunteer leaders throughout the country who are available to share their experiences with you based on their own par- ticipation in the program. The Sister City concept, like all good programs, must have broad support and understanding if it is to succeed. If your community understands the program, it can succeed and the rewards will be well worth the effort. No catalog could possibly list all the ways in which Sister Cities operate because the variety of exchanges possible are only limited by the imagination and resources of the two communities. Two principal objectives to keep in mind when planning your activites are: · You don't establish and maintain friendships by a single effort. It requires continuing activity. · You do establish such continuity by a broad base of activity in which many people and organzations partici- pate. 'The .Steps In Building A Sister Cities Program Discuss the sister city idea with friends and community leaders, then call a meeting of those in- terested. The key to a successful Sister City program is broad local support and this logically comes from community organizations and institutions. "i ;2. After you have determined local interest, ask your commu- nity leaders to inform their organi- zations about the idea. They should discuss the program at their own meetings and assess the kind of activity their organizations could support. For example, edu- cational representatives might agree to develop a school-to- school program. 3. After the initial meetings, re- .guest that your mayor and council ~port a proposal to establish an ~,~iliation with a community in another nation. Form a commit- tee to include the broadest possi- ble community representation. Appoint a chairperson who is knowledgeable and active in local affairs. An ad hoc group should be ~stablished to study possible sister city choices. 4. The process of determining where in the world to seek a sister city is very important and de- serves careful attention from you and your committee. The more people who participate in the selection process, the more who will actively support the relation- ship. Sister Cities International (SCI) maintains a list of cities around the world that have ex- --~essly asked for a U.S. sister city ;[ will fo~vard that information to you. If any of the cities on the list is of interest to your communi- ty, contact SCI and any additional available information on that city will be forwarded to you to assist you in making the final decision. If no listed city seems to be an appropriate match for your com- munity, SCI will forward infor- mation on your city to one of its many counterpart organizations abroad, depending on which re- gion of the world is of interest to your city. A potential sister city may then be located by advertis- ing your city directly to foreign cities in contact with their counter- part organizations. 5. The process of forming a sister affiliation can take anywhere from six months to two years. Com- munications, development of a local program, involvement of municipal officials--these are some of the many factors which affect the length of the affiliations process. Avoid premature public- ity because if publicized arrange- ments fail to work out, enthusiasm is likely to dissipate. 6. During this interim stage- your committee should consider establishing itself as a private, non-profit organization and apply- ing for a 501(c) (3) status from the Internal Revenue Service. This will help ensure program continuity and will assist your committee in raising funds necessary to conduct the Sister City program. 7. When you have selected a city as a possible candidate and you are ready to invite that city to be- come your sister city, you should send an exploratory letter to elicit the feeling in that city about a rela- tionship with your community. SCI will forward to you a sample letter of invitation and a city coun- cil resolution supporting the pro- posed affiliation. You should adapt these documents to state your city's reasons for entering the program and for choosing the foreign city. You should state your goals and proposed activities for the program and should ask the foreign city to do the same. An invitation for community leaders to visit your city would be well received if included in the letter. A visit by citizens from your city to the prospective sister city dur- ing this stage could expedite the process. It is advisable to send any correspondence in both English and the language of your poten- tial sister city. 8. Send the letter of invitation and supporting resolution to your prospective sister city along with informational material that will properly introduce your commu- nity to the foreign city and convey a sense of what your community has to offer in a sister city relation- ship. Send copies of these letters to Sister Cities International, to the U.S. Embassy in that country and to the foreign embassy in Washington, D.C. SCl will write an offidal letter supporting the af- filiation once copies of the mayor's letter has been received. SCI can also use diplomatic ser- vices for communications pur- poses if there is a problem estab- lishing and receiving correspon- dence from the sister city. Once acceptance letters and council re- solutions have been exchanged with your sister city, send copies to SCI. Upon receipt of these documents, SCI will then list the affiliation as official and add it to the SCI Directory of Sister Cities by State and Country. SCI char- ters will be sent to you recognizing your new affiliation, which can be exchanged with your sister city. "Everyone Can Participate Nearly every member of the community, young or old, belongs to some kind of organization or another. Nearly - ~one has a hobby, goes to school, belongs to a service ~ofessionai society, works tn a business or industry, vol- unteers his or her time'in any number of local organizations which can be linked to counterparts in another country. Thus, the finking of ski~s, crafts and interests of people and organizations in both dries can open new avenues of program adventure. The concept is simple once two titles have taken the initial step of actually affiliating as sister dries. A catalog of organi- zations should be developed which will give you an idea of the potential areas of exchange possible. Don't forget to include your schools, hobby groups, business and profes- sional organizations, scouting groups, service clubs, etc. This list can then be sent to your affiliate to determine what organi- zations they have in their community to match yours. !n some cases, a similar organization won't exist. Perhaps you can start one. After comparing lists, the way is open for club and organizational affiliations which work to get the largest number of people Involved in a relatively short period of time and help spread the word about your international involvement to virtually all segments of your community. It may be helpful to have each organization extend an invitation to ils counterpart organization through the adoption of a formal resolution of affiliation. Each affiliated organization carries out its own program within the sister dty framework and with guidance by the overall Sister City Commiffee, thus allowing each proson to individually become a part of a pel~son-to-person... organization-to-organization... city-to- approach to international diplomacy. IIIIII1! Above all, remember that the uniqueness of the Sister City Program is that it is two-way. The give and take is shared by both communities through planned and continu- ous contact. Projects You Can Do Sister City programs and projects are developed.. out of mutual desires and interest. There is no cut-and-dried pat- tern. Projects are limited only by the imagination and re- sources of the communities. Through visits and exchange of correspondence, cities discuss the types of projects they would like to carry out. When one or more projects are agreed upon, the program is carried out by the dtizens on both sides. !n beginning the program, a community may wish to start by sending a group of 8 x 10 inch photographs or slides, of its city along with background material. Remember, language barriers can be overcome by various visual presentations. The affiliate may want to publish these in the local news- paper. You should ask for photos and news of the dry so your local newspaper can acquaint your own dtizens with your sister city. The following are some of the types of projects which have been carried out successfully by other communities. The projects you decide on may be more comprehensive than this brief list, depending upon your community re- sources and ingenuity. · Exchanges of visitors, offdais, prominent dtizens, musi- dans, students, teachers, professionals, news reporters, radio and 'IV, labor, etc. · Organized tours. Hospitality and ceremonies for visiting groups. · Club affiliations. Development of relations between such groups as Lions, Rotary, Boy Scouts, Girl Scouts, women's clubs, and hobby clubs, etc., with their counterparis in the sister city. · Letter writing. When exchanging correspondence with a community that speaks another language, a Language Re- source Committee is essential. Other than face-to-face visits, one of the most important ways of exchanging ideas with overseas contacts is through the personal letter. · School affiliations can be a stimulating activity if organized within your educational system. They can be a strong adjunct to your school's language, history, cultural and other prog- rams. There is no end to the fascinating projects young people can engage in to enlarge their horizons of learning. · Technical and professional exchanges can have benefits to both communities far in excess of the limited costs in- volved. Many U.S. dries and their affiliates have exchanged experts in transportation, housing, medical systems, etc. · Radio contacts between sister cities can be made by amateur radio operators. Spedai broadcasts on records or tape can be made for use abroad. · Art exhibits. Both school children and members of local art clubs exchange art work with their overseas counterparts. The material is often exhibited in public buildings and mer- chants' windows in both communities. · Photo exhibits. Camera clubs exchange collections of stills, slides and documentary motion pictures. · Sending of mementos, not on a charitable basis, but of mutual interest and respect. Gifts are generally modest ones. · Exchange of music, recordings and plays. · Publications and preparation of food recipes from the foreign country. The Role of Sister Cities International Sister Cities International (SCl) the principal program of the Town Affiliation Association of the U.S., Inc., a tax- exempt, non-profit organization, headquartered in Alexan- dria, Virginia, fosters international cooperation and under- standing through Sister City relationships between cities in the United States and other nations. SCI was created by participating U.S. cities to provide a forum through which its membership could express their concerns and actively work to meet the challenge of bettering international relations in the wodd today. Sister Cities International gives the community a central clearing point to which It can turn to obtain assistance and information about programs. It provides direct contact with embassies, government agencies and organizational re- sources in the United States and throughout the world. SCI can assist you to start your program and help you carry out the many exchanges possible by providing you with information and advice when needed. A single commu- nity trying to do the job alone does not have the resources, but in cooperation with many communities, and with the resources of the national association, these goals can be accomplished. .-- Sister Cities International is a membership organization d charges a minimum fee to cover the expense of publi- ~ons and consulting senaces to assist U.S. communities that are forming new affiliations. Membership dues are usu- ally paid by the city, the Chamber of Commerce or the local sister cities committee. A dty pays half of the annual dues as a service fee during the initial stage of program formation. The remainder is paid once the affiliation has been finalized. SCI maintains a schedule of dues based on population, rang- ing from $100 to $925. For further information or assistance, contact: sister 120 South Payne Street Alexandria, Virginia 22314 Tel.:' (703) 836-3535 The new headquarters building of Sister Cities International in Alexandria, Virginia. (Detach and return to Sister Cities International, 120 South Payne Street Alexandria, VA 22314) Yes, I would like more Information on how our city can get involved in the Sister Cities program. Send to: Name Title Address City State Room or No. Zip 7o help us help you, please complete this portion: Population of your city Economic Base City or countn7 where you might be interested in forming a link CITY OF TEMECULA AGENDA REPORT AB#: ) TITLE: DEPT HD HTG: 3 DEPT~!M! ~0 Oenerml Services &greement CITY ATTY CITY HGR RECO~!~END~.TION: Authorize the Mayor to enter into an agreement with the County of Riverside to provide General Services as required by the City. BACKGROUND~ The County of Riverside has provided the City with a General Services Agreement, which allows the City to contract for a number of services with the County on an as-needed basis. This agreement has been approved by County Counsel and City Attorney Field as to form. Fiscal Impact would be determined at the time specific services are requested by the City Council. JSG WILLIAM C. KATZENSTEIN COUNTY COUN.~EL OFFICE OF THE COUNTY COUNSEL RIVERSIDE COUNTY 3535 TENTH STREET, SUITE 300 RIVERSIDE, CALIFORNIA 9;:'501-3674 TELEPHONE (714) 787-E421 June 21, 1990 Scott Field, City Attorney City of Temecula City Attorney Office 43172 Business Park Drive Temecula, California 92390 RE: General Services Agreement Dear Mr. Field: We are forwarding the attached agreement for execution by the City Council. It is our intent to place this on the Board of Supervisors Agenda as soon as possible after receipt. Subsequent to approval of this agreement, it may be appropriate to discuss individual agreements for one/some of the services to be rendered. Please let us know if we can be of any further assistance in initiating this relationship. Very truly yours, WILLIAM C. KATZENSTEIN County Counsel Joe S. Rank Deputy County Counsel JSR:st 2511it cc: Ken Mohr, Administrative Office 2 3 4 General Services Aqreement 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 JILL1AM C, KATZENSTEIN COUNTY COUNSEL SUITE 300 3S35. 10TH STREET RIVERSIDE, CALIFORNIA THIS AGREEMENT is made and entered into on between the COUNTY OF RIVERSIDE, herein called "County", and the CITY OF TEMECULA, herein called "City", that for and in consideration of the mutual promises and covenants herein contained, and of Article I, Chapter 1, Part 2, Division 1, Title 5 of the Government Code, County agrees, through its respective officers and departments, to perform all functions of City relating to or performed for County by said officers or departments, respectively, as hereinafter provided for, except as to any service which is now or may hereafter be made the subject of a separate contract with City and for which other provisions are in such contract made, or which is performed pursuant to other provisions of law not involving a contract. The following terms and conditions shall govern the performance of all municipal functions performed hereunder: 1. By reason of the limitations upon the expenditure of County funds provided for in Section 6 of Article XVI of the Constitution of California, City shall pay to County the entire cost to County of performing each such function, including salaries and wages of all employees engaged therein, all supervision over such employees while so employed, a prorate of all departmental overhead, clerical work, office supplies, depreciation on machinery and equipment, traveling expenses, including mileage of employees, and all other cost and expense incidental to the performance of each of such functions, as determined by County. The cost of each function may be recomputed annually and the charge revised accordingly thereafter. In computing the cost of the use of machinery and equipment, the full cost to County of rented machinery and equipment and any operator furnished therewith, and a reasonable rental rate on County-owned machinery and equipment shall be included. 2. No County officer or department shall perform for City any function not coming within the scope of the duties of such officer or department in performing services for County. 3. No service shall be performed hereunder unless City shall have available funds previously appropriated to cover the cost thereof. 4. No function or service shall be performed hereunder -1- 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VILLIANI C. KATZENSTEIN COUNTY COUNSEL SUITE 300 ~ - IOTH STREET RIVERSIDE, CALIFORNIA by any County officer or department unless such function or service shall have been: a. requested in writing by City on order of the City Council thereof or such officer as it may designate; and b. approved by the Board of Supervisors of County, or such officer as it may designate; and c. written evidence of the request and approval exchanged. Each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations. 5. All persons employed in the performance of such services and functions for City shall be County employees, and no City employees as such shall be taken over by County, and no person employed hereunder shall have any City pension, civil service, or other status or rights. For the purpose of performing such services and functions, and for the purpose of giving official status to the performance thereof, every County officer and employee engaged in performing any such service or function shall be deemed to be an officer or employee of City while performing service for City within the scope of this agreement. 6. City shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any County personnel performing services hereunder for City, or any liability other than that provided for in this agreement. Except as herein otherwise specified, City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. 7. County, its officers, agents, and employees, shall not be deemed to assume any liability for the negligence of City, or of any officer, agent or employee thereof, nor for any defective or dangerous condition of the streets or property of City, and City shall indemnify and hold County and its officers, agents and employees harmless from, and shall defend said County and the officers, agents and employees thereof against, any claim or suit for damages resulting therefrom. 8. Each County officer or department performing any service for City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County-owned machinery and -2- 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jil I JAM C. KATZENSTEIN COUNTY COUNSEL SUITE ~0 ~ - lOTH STREET RIVERSIDE, CALIFORNIA equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. 9. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by City from its funds to insure payment for work, services and materials provided hereunder. Each County officer or department performing any service hereunder shall render to City at the close of each calendar month an itemized statement covering all services performed during said month, and City shall pay County therefor promptly after receipt of such statement. 10. This agreement shall take effect as of July 1, 1990, and shall run for a period ending June 30, 1995. At the request of the City Council of City, with the consent of the Board of Supervisors of County, this agreement may be extended for an additional period of five years. In the event City desires to renew this agreement for said five-year period, the City Council shall not later than December 31, 1994, notify the Board of Supervisors of County, in writing, that it wishes to renew the same, whereupon the Board of Supervisors, not later than April 1, 1995, shall notify the City Council, in writing, that the Board of Supervisors accepts or rejects such renewal. Notwithstanding the foregoing, either party may terminate this agreement as of the first day of July of any year upon notice in writing to the other party of not less than two calendar months prior to the date of such termination. 11. This agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Riverside and the various departments thereof. In event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contrast with respect to specific services shall be controlling as to the duties and obligations of the parties I!1 /// III II! -3- -- 1 2 3 4 5 6 ? 8 9 10 11 12 13 .... 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 t'ILLIAM C. KATZENSTEIN COUNTY COUNSEL SUITE 300 3535 · 10TH $TRFFT RIVERSIDE, CALIFORNIA anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference. Dated ATTEST: Donald D. Sullivan, Clerk By Deputy (SEAL) ATTEST: By City Clerk JSR:st 2381it 062090 COUNTY OF RIVERSIDE City of By Chairman, Board of Supervisors By Mayor -4- CITY OF TEMECULA AGENDA REPORT. AB#: 9 TITLE: DEPTHO HTG: ~.s-?a CITY ATTY DEPT: ¢. ~. S~EET ~Z~J~E~eE CITY HGR RECOl~END~,TlON That Council approve agreement with Riverside County Road Department for street maintenance services. BACKGROUND City has budgeted funds for maintaining City streets. This agreement provides that County Road Department will do the work as requested by the City. County will bill City monthly for the hourly cost of labor, equipment and materials. Road Department is sending a schedule of rates and charges which will be billed by the county. The City has the option to call for bids for.any of the maintenance activities and utilize other contractors 9f desired. The agreement may be terminated on 90 days notice. FISCAL IMPACT City budget provides $240,000 for routine maintenance, $141,000 for special maintenance (chip seal), and $1 million for major maintenance and overlay projects on selected streets. ~ ~---~ OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR ROAD CX~qMZ~iON~ & COU),~ ~URVEYOR June 18, 1990 COUNTY ADMINISTRATIVE C[NTr~ HAILING ADDR,ICS~: P.O. BOX 1090 IUVICRSED£, CALgORIqlA 92502 (714) 787-6554 Frank Aleshire City Manager City of Temecula P.O. Box 3000 Temecula, CA 92390 RE: AGREElENT TO PROVIDE STREET MAINTENANCE SERVICES IN THE CITY OF TEMECULA Dear Mr. Aleshire: Enclosed is an Agreement between the City and the County for street maintenance services in the City of Temecula. Please have the City Council approve the agreement and have the Mayor execute it on behalf of the City. Please return all four copies of the Agreement to this office for submittal to the Board of Supervisors. After Board approval, we will return a fully executed copy to you. Very truly yours, Acting Road Conmnissioner and County Surveyor IFT:hn Enclosures cc: Cooper McKenzie/Russell COLTNTY ADI~INISTRATWE CENIZR · 4080 LEMON STREET · RWICRSIDIr, CALIFORNIA 92501 AGREEMENT TO PROVIDE STREET MAINTEN~/~CE SE~%_'ICES IN THE _C~ITY OF TEMECULA THIS AGREE.W~%T between the COUNT~.. OF RIVERSIDE, herein called "COUNTY" and the CITY OF ~CULA, her~.in called "CITY". WITNESSETH.' That for and in consideration of the mutual promises and covenants herein contained, and of Article I, Chapter 1, Part 1, Division 1, Title 5 of the Government Code "commencing with S~cticn 50001), COUNTY agrees., through its Transpor~-ation D_=partm~.nt, to perform. all functions of City relating to or pe~?formsd for COUNTY by said Departmez~t, as h.=reinafter provided for, excep% as to any service which is now or m~y hereaf. Ter be made the subject of a separate contract witk City and. ior whick other provisions are in such contract ~de, or w.hich is perfor~.v~.d pursuant to other provisions of la%: not involving a contract. The follo;;ing 'te~ and conditions shall gove£n tke performance of all municipa] functions performed hereunde'r.. 1. By reason of the limitations upon the expendJ.t~:re of CO.~f~Y fund-'-'. provided fc.r in S~ction 6 of ~..rticle X~I o'f Lhe Constitution of California, City shall pay to County the 6r~tire cost to County of performing each function, inc]'uding salaries and wages of all employees engsged the_rein, all supervi~'ion over such employees while so employed, a prorate of all departmental overhead, clerical work, office supplies, depreciation on machinery and e~rui~ment, traa:eling expenses, including mileage employees and all other cost and expense incidental to '~he perfoxmance of each of such functions, as detexunined by The cost of any function may be recomputed annually and the 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 15 19 2O 21 22 23 24 25 26 27 charge revised accordingly thereafter. In computing the cost of the use of machinery and equipment, the f=ll cost to COUNTY of rented machinery and equipment and any operator furnished therewith, and a reasonable rental rate on County-owned machinery and equipment shall be included. COUNTY has estimated the City's costs for routine maintenance services under this Agreement at $240,000.00 for the period from July 1, 1990 through June 30, 1991. CITY shall include within its budget a sufficient appropriation of funds for such services. following: a. b. f. g. h. J. ke Routine maintenance services would include the Pothole patching~ Skin patches and maintenance overlays (not capital projects or seal coats); Shoulder grading~ Clean culverts and drainage structures in road right-of-way~ Weed spraying~ Minor tree trimming for traffic safety~ Replacement of traffic signs~ Painting traffic stripes~ Painting traffic legends; Litter clean up (trash illegally dumped on road right-of-way); Storm damage signing and barricading~ Storm damage repair~ Storm debris removal; Guardrail repair~ - 2 - 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o. Minor construction (install small culvert) p. Minor sidewalk or curb repair; q. Emergency call out; r. Supervision of crews; s. Provide equipment and material to perform above work. 2. No County officer or employee shall perform for City any function not coming within the scope of the duties of such officer or employee in performing services for COUNTY. 3. No service shall be performed hereunder unless City shall have available funds previously appropriated to cover the cost thereof. 4. a. No function or service shall be performed hereunder by any County officer or employee unless such function or service shall have been included among the services described in this Agreement. b. Each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations. 5. All persons employed in the performance of such services and functions for City shall be County employees, and no City employees as such shall be taken overbyCounty, and no person employed hereunder shall have any City pension, civil service, or other status or rights. For the purpose of performing such services and functions, and for the purpose of giving official status to the performance thereof, every County officer and employee engaged in performing - 3 - ! any such services or function shall be deemed to be an officer or 2 employee of City while performing service for City within the scope 3 of this agreement. 4 6. City shall not be called upon to assume any liability for 5 the direct payment of any salary, wages, or other compensation to any 6 County personnel performing services hereunder for City, or any liability ? other than that provided for in this agreement. 8 Except as herein otherwise specified, City shall not be liable 9 for compensation or indemnity to any County employee for injury or 10 sickness arising out of his employment. 1! 7. CITY and COUNTY covenant and agree that, except as otherwise 12 expressly set forth herein, COUNTY makes no representation or warranty 13 of whatsoever kind, nature or sort, either express or implied, concerning 14 the goods and services to be furnished hereunder, AND COUNTY DOES HEREBY 15 OISCLAIM ANY AND ALL SUCH WARRANTIES, INCLUDING SPECIFICALLY ANY IMPLIED 16 WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE 17 CONCERNING ANY SUCH GOODS OR SERVICES. 18 8. The city shall indemnify, defend, save and hold harmless 19 the COUNTY, its officers, agents, servants, and employees of and from 20 any and all liabilities, claims, demands, debt, damages, suits, actions 2! and causes of action of whatsoever kind, nature or sort, including, 22 but not by way of limitation, wrongful death, personal injury or damage 23 to property, the expenses of the defense of said parties and the payment 24 of attorneys fees in any such claim or action, arising out of or in 25 any manner connected with the performance of services and the furnishing 26 of goods or materials by COUNTY hereunder. 27 / / / ~)4) / / / -4- 1 $ 7 9 10 11 15 16 17 19 ~0 ~5 ~7 2~ 9. Each County officer or employee performing any service for City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County-o~ned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by County, reasonable handling charges, and all additional items of expense incidental to the performance of such function of service. lO. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost and an amount 10% in excess of the estimated cost must be reserved by City from its funds to insure payment for work, services and materials provided hereunder. Each county officer or department performing any service hereunder shall render to City on a biweekly basis an itemized statement covering all services performed during said two week period, and City shall pay County therefore within thirty {30) days after receipt of such statement. 11. This agreement shall take effect as of July 1, 1990, and shall run for a period ending June 30, 1991. At the request of the City Council of City, with the consent of the Board of Supervisors of County this agreement may be extended for an additional period of one (1) full year; provided that City shall give County notice in writing /// 1 $ $ ? 9 10 11 12 15 16 17 19 ~0 ~5 ~7 of its request to extend this agreement for an additional period of one (1) full year before April l, 1991. Notwithstanding the foregoing, either party may terminate this agreement upon notice in writing to the other party of not less than ninety days prior to the date of such termination. /// -6- 0§/24/90 1 6 ? 8 9 10 11 12 15 16 17 19 ~0 91 ~6 27 12. ~OTICES Any notices sent or required to be sent to either party shall be mailed to the following addresses: COUNTY OF RIVERSIDE P.O. Box 1090 Riverside, CA 92502 Dated: CITY OF TEMECULA P.O. Box 3000 Temecula, CA 92390 RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE APPROVED AS TO FORM: BILL ~ZENSTEIN Chairman, Board of Supervisors ATTEST: GERALD A. MALONEY Clerk of the Board By (SEAL) CITY OF TEMECULA Attest: Mayor Cit2 Clerk CITY OF TEMECULA AGENDA REPORT AB#: HTG: DEPT: C .r~ TITLE: HAH HICKS PARK DEPT HD CITY ATTY CITY HGR RECOMMENDATION Direct City Attorney to prepare a lease for Old Town Temecula Foundation in Sam Hicks Park. BACKGROUND The City has been offered title to Sam Hicks Park. TCSD has budgeted funds to maintain the park. County has budgeted funds to make improvements to the park. The Old Town Temecula Museum Foundation has a lease on a portion of the park. They intend to raise funds to build and operate a museum. City Council needs to review and approve the plans for this project and approve a lease agreement. CITY OF TEMECULA AGENDA REPORT AB#: /o TITLE: DEPT HD HTG: ~-$-9,~ &CCE?TANCE OF D~e~eDB CITY ATTY DEPT: zc.m. FO~ BAil HZCKB PARK CITY HGR Reco~endetion That the Council accept grant deeds from the Sam Hicks Monument Park Foundation for the Sam Hicks Monument parksite. Discussion The Sam Hicks Monument Park Foundation and the City of Temecula desire to maintain the Sam Hicks Monument Park theme and assure Continuity in construction and maintenance of the parksite. Annexation of these parcels was originally proposed to County Service Area #143 prior to incorporation of the City. Staff Concerns Staff recommends that an agreement be drawn up at a later date which incorporates the elements of the lease agreement between the Park Foundation and the Old Town Temecula Museum and considers the conditions reflected in the letter to Supervisor WaltAbraham dated January 31, 1989. RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ACCEPTING GRANT DEEDS FOR PARK PURI~SES FOR THE SAM HICKS MONUMENT PARKSITE. WHEREAS, The Sam Hicks Monument Park Foundation has offered grant deeds for two parcels comprising the Sam Hicks Monument Parksite as set forth on the exhibits attached hereto: W!:!'ERF~AS, The Foundation desires the City Council to accept said offer of grant deeds; NOW THEREFORE, The City Council of the City of Temecula does resolve as follows: SECTION 1. That the grant deeds as offered by the Grantor are hereby approved by said City. SECTION 2. That the grant deed is accepted conditioned by the requirement that an agreement be formed and executed between the Foundation and City Council setting forth terms of acceptance of this grant deed. SECTION 3. That the said agreement shall be executed and approved by the City Council prior to recording of the subject deed and this resolution. SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof but shall not record until conditions set forth in Section 3 (above) arre met. PASSED, APPROVED AND ADOPTED this 3rd day of July, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEALI Scott Field, City Attorney SAM HICKS MONUMENT PARK FOUNDATION P.O. Box 539 · Ternecula, CA 92390 (714) 676-3060 .-;.. · ?.-;.. '...'7~- - January 31, 1989 Supervisor Walt Abraham County Administrative Center 4080 Lemon Street Riverside, CA 92501 Dear Supervisor Abraham: At the regular meeting of our Board of Directors on November 8, 1988, it was voted to annex the property known as Sam Hicks Monument Park (see exhibit A) to the CSA District 143 with the following stipulations: 1, The name of the park and any land annexed to it shall remain SAM HICKS MONUMEN~ PARK. The location of the "THEY PASSED THIS WAY" monument is to remain the same unless the change of location is approved by the Hicks family, namely Nancy Hicks Maurice and Linda Hicks Radich, or heirs thereof. 3. The lease we have with the OLD TOWN TEMECULA MUSEUM will be honored. (Attached Exhibit B) The TEMECULA LIONS CLUB TOT LOT is to be continued but can be relocated· The Tot Lot is to be an Old West Theme· It is also n6ted the the SAM HICKS MONUMENT PARK FOUNDATION has a $750.00 donation from GTE and the TENECULA LIOBS CLUB has an additional $750.00 in donations that has been earmarked for more playground equipment. The C.S.A. DISTRICT is to continue to maintain landscaping and trash pick-up. Additional landscaping should be implemented - peripheral flower 9ardens and herb gardens should be added in such a way as to not diminish the usable footage of the park. The existing MEMORIAL TREES can be moved and.others not yet planted are to be added. The C.S.A. 143 DISTRICT is to place plaques on granite cemented into the ground· (see attached Exhibit C for a list of MEMORIAL TREES donated) Curbs, gutters and sidewalks are to be placed around the Park on Moreno Road and Mercedes Ave. Lighting of the Park is to be done using the old time fixtures as used in OLD TOWN TEMECULA. -MORE- Hicks Monument Park - page 2 At all times the overall landscaping and buildings are to reflect the 1890 theme of the TEMECULA HISTORICAL OVERLAY. All of these stipulations are to be carried forth to any proposed park expansion. (SEE Exhibit D) 10. The C.S.A. 143 DISTRICT is to incorporate recommendations of the TEMECULA COMMUNITY PLAN TASK FORCE in the planning for the park· 11. In the event C.S.A. 143 DISTRICT and/or any future City of County government for whatever reason, decides that they no longer want to maintain SAM HICKS MONUMENT PARK in its entirety as a park, the land will revert back to the SAM HICKS MONUMENT PARK FOUNDATION. Evely~Harker President Encl. 5 LA~ LEASE ~lCl~ MOND!~ENT PA~K ~OUNDATION, a California ncn-p~ofit ~blic benefi~ corporation, be~e~a~ta= calle~ 'Lessor" and O~ TO~ · .fornia ncn-p=.~fit ~blic benefit co,potation, heteinaft~r called "Lessee", NOW, THEREFOR~, hereinafter mentioned, in'consider,ties of covenants and promises the partlea, 5esscr and Lessee, agree as 1. DESC~IPTiO.'~ OF ?tE:~.iSE$. Less.or here~7 I$~$e~ so Leases, and Lessee here~y hi,es an~ ~kes from b~.~sor, ~he pre~i~es ~o be ,,ned as that le~d to be occupied ty ~% mu~eu~ as per -].. a~tach d pi~= plan ~xhibi~ ".~" ~==ached hereto) located on Moreno Road, Teaecu!a, California, here!na~ter ca,led ~e "premises". 2. TE~. The te:'m of ~his Lease shall b~ fo~ a period of fozt2 (40) years, c~mencing on August i, 1988, ~4 ending on April 30, 2028~ unless sooner ~ermlnated pursuant to any provision hereof. The term may be ext,nded as set forth in paragraph four (4} of ~his A~reement. 3. RENTAL. Lessee shall pay as re.-.tal for the demised p:smises the sum of ONE DOLLAR ($i.00) for each year 'there,fro.-, for the ~erm hereof, payable In advance on the first (let) day of August of each year commencing with the date hereof. If Lessee renew~ the term of this Lease a~ provided paragraph four (A), the Lea~e shall continue fo~ the same rental r ate. Rent shall be payable in l~wful money cf the United States to Leimor at the add~e8~ stated herein or to such other persons OC at such other places as Lessor may d~ignate in writing. 4. OPTION TO RENEW, As part of the consideration for the option to extend and renew this Lease for another forty-?--at term, u~on the same ~e:ms an~ col~dftions hereof. The option to renew and ex~end said L~aae must be exercised, if at all, by p~lO~ tO the expiration of the iaitlal t~rm. · 5, USE OF THE ~P.Z}~ISZ$. The ~re.-..,isss shall be us~.d excluaive'l'~-fo~ the const:uction and o~ation of a museum and ~ annex building of 10,000 ~quare feet, including public rest rooms. Sai~ const~uction shall be of a design 'approved by Lessor ~ee agrees to comply with all applicable laws, rule~, requlations, and o~dlnancas of every governmental body or agency whcse autho~ity %xtend~ to the leased pzoperty, of to the business conducted upon the lease~ premi~e~. 1 6~ ~LTERATIONS AND REPAIRS. Lessee ~ay nc~ make any al=e:ations (other .than insu~.etantial o~es~ ~o th~ leased p~emiae~ w~hou~ p~!o~ written consent of 5eseor. Lessee accepts p~emises as be!n~ in ~ood ~epai~ ~d ~ond~!on~ and Lessee the p~emises ~n good repai~ ~d con~l~!cn. ~essee, furnl;h labor o~ Mto.~AAi to or for %he benefit of ~he furnish labor or materials to or for ~he benefit of th~ leased proper ty. 8. .OESTR~jCTION OF PRZMISES, Should any buildings or improvements on the leased poemisis be damage~ of destroyed by fire, so ~Afty ~ ~cen~ (50%) of the replacemen~ cos~ of all buiw~'--- and improvements %o be located on ~he l~ased p~emi~e~, Lessee and ~aa~o~a required to be made by Lessor excepted. i0. L'~ILITZES. Lessee ag:..=.~ to pay, b, fore delinquency, all charges far water, ga~, electricity, and any and all othe~ service~ · -' which ~y be used ~n or u;.o:~ the leased n. TAXES. Lessee shall pay not late.- than fiftee~ (15] days bigots they become d~iinquent all taxes and asses~mants of every nature levied or assessed du~Ing Lessee'~ tenancy on the leased premises or on any flztures, located on ~he leased p~em~sma, e~cep~ as set forth herein. Lessee shall furnish Lessor with proof of such payment not later than five (5) days before any such tax o= a~sas~ment becomes delinquent. Lessor leased premises. 3~7~ Of ~he ~ ~ vi mad Lessee shall not use ot S~mlt the u~a of s~i~ p~emis~ fo~ any unlawful 5ea~ or aublea~e all o~ a 2oftton of t}',o p~emlse~ withou~ liability undm~ the terms of this Lea me. f~om any ac~, oralssion or negligence of Lessee, or its and agains~ all costs, ex;enses and liab!ii~ies incuc:ed in o: in connection w!~h any auch el~im o~ p~oeeed!ng brought thereon, tnciu~in~ bu~ go~ !~Ited to, cou~t costs and reasonable Lessee shall ~'aintain in ~ull fo~c. du~in,; the te~m of this ~ar~ons occu~r~n-~ I~ o~ a~ou~: the i~em~aea. The amount of such fequl re mor~ ~han TWO HUNDRED FIFTY THOUSAND ~LLARS nor more than ~IFTY TI~O~3S~D DOLlaRS ~$50.000.~O) for pro~e:ty damage. feemee agra,-, to name Lesao~ as an addi~.onal insured and shall furnish a cer~if!ca~e of insurance. damage to ~ · premises, ~n th~ amount cf the full replacement value thereof, a~ the ~ame may exist f{cm time to time, which ~ep!a~ememt value Is app~oximatlly ~100,000.00~ but in no event leas than the total amount required by lende~ havin~ liens on the poemiaea, agains~ all pe~1Is Included within ~lassi~lca%ion of fica, ext.nde4 cove~a~, ,~andali~m, malicious el,chief, flood, theft, and apse!31 e.<tanded perils {'all as such term lm ~JS~d i~: t:.e insurance Industry] Said insurance ~hall ~covide fo: pay~.~:.t of lo~a thefeud, der to ~eseoc or ~o the holde:m o~ mort~aq~e o: deed~ of t:,~sc on th~ premises., shall, in addition, obtain and keep in ~orae durir~g the term of this Lease a pc!icy c~ ~ntal valu,~ !n~urance ccvering a period of one yesr, ',ith loa~ payable to Les~o:, which insurance shall also :~ve~ all ~ea:. ,s~a~e tsx~s and insurance co~ts for said pe:iod. Xf the Lesse~ .,hall fall to procu~ and m~intain said 3 and ~lnt:ln ~h~ ~ but ~t ~he ex~enee o~ ~e~ee~. i~ auch fo: s~ch deductible amount. a~ sam ~ea~cnable fine for ~h~ purpose o~ laapect~n~ the leased p~ope~ty. "~.easonabla time' ~hel! ~e define~ aa dur~n~ normal ope~a~ing 16. ~Al~K.%UPTC¥ '' the teases aha~i t~-aome inselves~ or ~ake an aasl~n~en~ fez ~he bena~i~ of c~edito~, o~ ~ile a ..~ of any b~kruptcy. composition o~ insolvtncy lay oc ac~ o~ If the Leases shall be ad~udqed baak~upt, o~ If a recelv~[ o: t=us=ee ~f the property of ~he Leases s~all be appointed, or ~his Lease shall by o~at~cn o~ law devolve upon or pass ~o any person o~ persona other than the Lessee, ~hen An each ,uch case :he Lessor a~a!! have khe righ~ ~d opti~n to terminate ~his Lease at any time, ~nd with or wlt~,cu~ demand cz no~ice and with o: without legal p~ocess enter in~o t~e d~mlae~ p~emises and tak~ ~snesaion thereof and may use all fo~ce neceasacM ~o effect s~ch entr2 oc to hold such ~oa~ea~ion o~ to cemove the Lessee o~ any person o~ any p~cpe~ty f~cm ~he demised p~emleea. 17. WAIVER OF B~.ZACH. The waiver by o~ any p~cviaion of ~hls Lease shall no~ constitute a eontlnuin~ waiver or a waiver of any eubae~uen~ br~ach of the same or a hereto. ON SUCCESSORS. The Drcvisions of ~his Lease upoa and mheil Inu=e to the benefit of the seal.Ins end legal :ep~sen=atives of the 4 P.O. Box $3g Temecula, CA 92390 the Leases at, P.o. aox 792 Ternsouls, CA 92390 payments are that Lease, and poe:age party may change auch addzess :egis~eted mail to ~he other patty. 20. DEFA:~LTI ~O?ZC?., O? OEf'AULT; ~R~ACH, A default in the ~etfct~anee of any pcomlea of, o: o~ any ebb fashion imposed upon Lease unleal ~he pat~? in de~aul~ fa~l~ ~o cute ~uch within ~h~tty (30) days a~er tha wct~ten noSice o~ default has bear ae:ve~, excep~ that faiiuce Ce cute a ~e!ault in the o~ tens shall constitute a breach o~ this Lease !~ such de:aul~ ia not cuted within ~ive (S~ days a~tet ~tt~ten notice o~ ~efaul': has been served. Zf either patty beeaches this Lease, the other pat~y shall be enti~:ad to pursue every legal and ~uitable eetm~na~e this ~eane and :he :~h: to recover acctue~ ~en~, paid in advance. ~ssor, in addition ~o other r~me~iea i~ may have, shall have 2he lmmadta2e ~igh~ ko :eenLry, and ~y remove all geesone and property ~rom ~h, ~:ami.ea~ ~uch proFerry may be m~ote~ at ~he coe~ of Lessee. The p:evailin~ pac~y abel! be rmA~u~ae~ attorney's fees. day and year ~irat a~ve written. SAM gICKS MONb~NT ?RP, X FOUNDATION, Cal!fofnia non-~rofit benefit ¢or~oratlon President OLD TO;w~ T~F. COLA MUSEUM a California non-profit public b~n~fik~ocporaticn HELGA"BERGBR ~..' President KXHIBI~ "A" OeactLptton: In the unlnco:porated a:e of the State of ¢aiifo£nia, County of Riverside, described as follows= The portion of Lot 6, and o[ the unnamed road in Block 2 as shown by Map of Subdivision cf the Pauba Land and Water Company, In the County of Riverside, State of California, as shown by Map on fLle in Book 11 Page $07 of Maps, Records Of San Diego County, Califoria, described as follows1 Beginning at the most westerly corner of Lot 32, Block l, of the Town of Tamecula as shown by Map on file }n Book 15 Page 726 of Maps, Records of San Olego County, California; thence south 44 digcasa 25' 05" west, along ~he northwesterly boundary of said town o~ ?emacvia, a distance o6 141.45 feet to a poin~ on the northerly ~lgh~ of way ~tne of an unnamed road (60 ~eet wide) as described in dedication and easement deed to the County of River- side by dled recorded April 22, 1969 as ~n&tcument No. 39504 of Offioisl Rageida of Riverside County, California; ?hence south 88 degrees 07' 25" west~ along said northerly line~ ?hence westerly continuing a~ong said northerly line being the a;o oi a tangent curve concave northerly and having a radius of 375.~$ feet through a cent;a1 angle o~ ~ deg;ees Ol'l?", a dis- tance of 124,?$ ~eet; Thence notth 17 deg£se; 08'42" east, along the easterly line o~ said unnamed road a di;t~cca of 290.~? ~aet; ?hence south 4~ degrees 02'36" eas~, a di&tance of 2;1.16 ~eeC to the point of beginning. ppi~G ~ MOTS,. 6 ~~ SAM HICKS · POST PARK FIRE STATION OFFICE UNDER CONSTRUCTION i ,,. % \ To: PRELIMINARY REPORT TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 3880 LEMON STREET RIVERSIDE, CALIFORNIA 92501 (714) 686-4180 (800) 442-4970 May 30, 1990 City of Temecula Attn: Frank Aleshire 43172 Business Park Drive Temecula, CA 92390 Your Reference: Park Site Our No. : C519611 In response to the above referenced application for a Policy of Title Insurance, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this report. This Report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested. . Dated as of May 21, lggO, at 7:30 a.m. .___~' Iob'Arnette/lc, Title Officer The form of Policy of Title Insurance contemplated by this Report is: { ) ALTA Residential Policy (6-1-87) ( ) ALTA Loan Policy {10-21-87) with ALTA Endorsement Form i Coverage (X) CLTA Standard Coverage Policy - 1988 ( ) ALTA Owner's Policy (10-21-87) () The estate or interest in the land hereinafter described or referred to covered by this report is a fee. - 1- C519611 Title to said estate or interest at the date hereof is vested in: Sam Hicks Monument Park Foundation, a non-profit corporation At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy form would be as follows: 1. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 1A. General and special taxes for the fiscal year 1990-1991, a lien not yet payable. IB. General and special taxes for the fiscal year lgSg-lggO, First Installment : $1,707.73, now delinquent to which a penalty must be added Penalty : $170.77 Second Installment : $1,707.73, now delinquent to which a penalty and advertising cost must be added Penalty Advertising Cost Tax Code Tax Parcel No. Exemption Affecting : $170.77 : $10.00 : 094-088 : 921-070-016-4 : None : Said land 1C. Defaulted general and special taxes and subsequent delinquencies for the Fiscal Year : 1989-1990 Taxing Authority: County of Riverside Parcel Number : 921-070-016-4 Amount to Pay : $2,068.62 Prior to : June 30, lggO Affecting : Said land 1D. Supplemental taxes for the fiscal year 1988-198g, assessed pursuant to the provisions of Chapter 3.5 (co~mnencing with section 75) of the Revenue and Taxation Code of the State of California: Tax Code Tax Parcel No. Assessment No. First Installment Second Installment Penalty Advertising Cost 094-022 921-070-016-4 050470867-5 $1,596.59, Paid $1,596.$g, now delinquent to which a penalty and advertising cost must be added $15g.65 $10.00 2. An easement in favor of the public over any portion of the herein described property included within public roads. C519611 3. Covenants, conditions and restrictions in an instrument Recorded : April 25, 1973 as Instrument No. 52863 Restrictions, if any, based upon race, color, religion or national origin are deleted. 4. The terms, covenants, conditions, and restrictions, contained in an instrument entitled "Agency Agreement", executed by and between Kacor Realty, Inc., a California corporation, and Rancho California Water District, a public corporation, dated March 29, 1979, and recorded May 7, 1979 as Instrument No. 92330. - 3- C519611 DESCRIPTION The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows: That portion of Lot 6, and of the unamed road now known as Moreno Road in Block 2, as shown by Map of Subdivision of the Pauba Land and Water Company, in the County of Riverside, State of California, as per map recorded in Book 11, Page 507 of Maps, in the Office of the County Recorder of San Diego County, California, described as follows: Beginning at the most Westerly corner of Lot 32, Block 1, of the Town of Temecula as shown by Map on file in Book 15, Page 726 of Maps, Records of San Diego County, California; thence South 44°25'05" West, along the Northwesterly boundary of said Town of Temecula, a distance of 141.45 feet to a point on the Northerly right of way line of an unnamed road now known as Mercedes Street (60.00 feet wide) as described in Dedication and Easement Deed to the County of Riverside by deed recorded April 22, 1969 as Instrument No. 39504 of Official Records of Riverside .County, California; thence South 88o07'25" West, along said Northerly line, a distance of 55.58 feet; thence Westerly continuing along said Northerly line being the arc of a.tangent curve concave Northerly and having a radius of 375.78 feet through a central angle of 19°01'17", a distance of 124.75 feet; thence North 17o08'42" East, along the Easterly line of said unnamed road a distance of 290.87 feet; thence South 45%2'38" East, a distance of 271.16 feet to the point of beginning. NOTE THE FOLLOWING Note 1: Pursuant to Sections 480.3 and 480.4 of the Revenue and Taxation Code, the County Recorder's office will levy an additional $20.00 recording fee upon all documents that are not in compliance with said code. To avoid being assessed the additional fee, please have the buyer or transferee complete the preliminary change of ownership report and attach to the appropriate document. - 4- C519611 Note 2: It appears that the company may be requested to insure or otherwise pass on the validity of certain documents executed by a corporate entity. If this is correct such documents should be executed by either the chairman of the board of directors, the president, or any vice president and by either the secretary, any assistant secretary, chief financial officer or the assistant treasurer. If such documents are not so executed, we will require an approved resolution of the board of directors of such corporation authorizing such execution. Note 3: The charges for this title report are for services to date only. Any additional work requested in regards to this report will incur additional. charges as appropriated. Note 4: California "Good Fund" Law All title insurance co~anies, controlled escrow companies and underwritten title companies will be affected by a new law which becomes effective on January 1, 1990. Assembly Bill 512 (Chapter 598, Statutes of lg89), which added Section 12413.1 to the' Insurance Code of the State of California is effective January 1, 1990. Except for funds deposited by cash or by electronic payment, this law prohibits a title insurance company from disbursing funds from an'escrow account, until the day these funds are made available to the depositor pursuant to Part 229 of Title 12 of. the Code of Federal Regulations, (Reg. CC). Under Reg. CC, items such as CASHIER'S CERTIFIED or TELLER'S CHECKS may be available for disbursement on the business day following the business day of deposit; however, other forms of deposits may cause extended delays in the closing of the escrow. Ticor Title Insurance will not be responsible for accruals of interest resulting from compliance with the disbursement restrictions mandated by this law. If you choose to wire transfer funds to our company in order to avoid any delays in closing, please use the following format; *Wire Instructions: Citibank, Delaware One Penn's Way New Castle, Delaware ABA t03110020g Credit: Ticor Title Ins. of CA. - Riverside Account t38150936 Reference - Escrow/Title Officer's name Bob Arnette Order Number C519611 IMPORTANT It is imperative that the wire text be exactly as indicated above. Any extraneous or missing information may cause unnecessary delays in confirming the receipt of funds. - 1'O3131 C~-PII 3 I10-81) PRELIMINARY REPORT COVER' Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy form recite thlt you are not insured against Iaaa. costs. attorneys' 1~, ~ eml)~ resulting from: I Gove..no,.! ,d~. ;o.or. ~,d the e~ae~e or ~o~, of any ~ or ~.~f,.~nt ~lgulation. This includes building and zoning · lend use · improvem~ms o~ the land · lind 'd~ision This exclusion dolls not ~ to violations or the enforcemere of these matter~ which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered 1'We Risks. 2 The right to take the land by condemning it. unless: · a notice of exercising the right aepesrs in the public records on the POl~y ~ · the taking i~ prior to the Policy Date and is binding on you if you _~__,,,.~t the land without knowing of the taking 3 Title Risks: · that are =reetad. allowed. or agreed to by you · that are known to you. but not to us. on the POlicy Date -- unless the~ ~a*~,e~__-red in the public records · that resuh in no loss to you · that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 6 of Covered Title Risks 4 Failure to pay value for your title. S L~ck of a right: · to any land outside the area specifically described and referred to in Item 3 of Schedule A · in streets. alleys. or waterways that touch your land This exclusion does not limit the access coverage in hem 5 of Covered Title Risks. ~'-~l~d Exct131To n~ (a) Any rights, interests or claims of parties in possession of the land not shO~Nn by the public records. lb) Any easements or liens not shown by the public records. This ck)es not limit the lien coverage in hem 8 of the Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 1 2 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. ALTA LOAN POLICY (10-21.87) wrrH ALTA ENDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attorneys' fees or expenses which arise by reason of: I (e) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting. regulating. prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which Ihe land is or was a part; or (iv) environmental protection. or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation ar alleged violation affecting the land has been recorded in the public records at Date of Policy. re) Any governmental ix)lice Ix)war not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or orlcumlxanoa resulting from a violation or ellaged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without know~. 3 Defects. liens. encumbrances. edvefee claims or other matters: (a) =reeted. sofiared. assumed or agreed to by the insured claimant; re) not kno~m to the Cem11~ny. not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the irmured cla',T~nt prior to the date the insured claimant became an insured under this policy; {c) rseulting in no loss or damage to the insured claimant; kl) attaching or created sobsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any matutah/lien for sen,~:es. ~ or ramariel. or to the extent insurance is afforded herein as to assessments for street improvements (a) resulting in loss ar damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Unonforselbility of the lien of the insured m=rtgege because of the inability or failure of the insured at Date of Policy. or the inability or failure of am/subaequent owner of the indebtedness. to comply with epldicable doing business laws of the state in which the land is situated. S Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based UlX)n ueury or any consumer =redit protection or truth in landing law. 0 Any statutoq, lien tot services. labor ar materials (or the claim of priority of any statutory lien for services. labor or materials over the lien of the insured mort0age) arising from an improvement at work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to ~dvance. (Exceptions and Exclusions Continued on Reverse Side) CLTA STANDARD COVERAGE POUCY--I~8 The Exclusim~ tram Cew,lge of Ihe CLTA StondaKI Cowwage Policy fixm rec~es that the following matters ~re expresMy excluded from the cm'er~e of thi ~m~icf ~M the C(m~p~ wM n~ ~Y Mes or Mm~ge~ c~m~' Mton~Ys~ fees or es~enses wh~ ~ ~ ~ M: 1. (~) Any Imp. ,~limmm or B~ ,...~:v-' r~ulm~on (including but n~ limited to buikling M zoning law~. ordinances. or IS) the oatepancv. ~ er eawimtem d the load: (ii) the dmrlclM, ,' .~_, #u~ m kx:Mio~ M lay i,,~.o.~.,~;.,~t now f hereMMit Mlclld Mt the laird; (i) l 11; ? 4lion in ownml~ip m e chlnll M the=' i ,l~M or MII of the ilnd er lny W of which the lind il or wll I pert; or (M environmtntll Prolection, M lhl M M MYI W M these laws, ordinMtgel or e t_ (.,~i~IM tlB~ttant em~lM Io the oxtont tbat n nmim M the ~.~,u ...rd theruM or. amice of. dafact. lien or emmmbrMK~ $ from . violMion or Miaged Molltio~ Mfacting the land W baen W in the puldic record~MDIteMPoficy. lb)Any g_.~ ~_.~..~.! W power nm esoluded by (a) above. · amice of · defect. lien or erictmtMince resulting from a Molation M Mlaged W I~ the lend his been reconMd in me pubtic i1gords m Dim M Po#cy. 2. RMh~ of eminent dmnlin unlaes riMice of the exercise thereof bas been rmm~led in me public recorM m Dine of Policy, bm not excluding from coverage any toking which Ms occun'ed Prior to Dine of Policy which would ba binding on the rights of a 3. Dnfest~. liens. encumbrances. ~ claims or other matters: (i) whethM or not rtceded in thl I)d)lic re~rda at Date of Policy. but created. suffered. Illumed or Igreed to by the insured claimant; (!)) nM know~ to the Coml~ny. nM ~ in the public records at Date of Policy. but known to the insured claimant and not di~doled in ~l~Titing to the Company by the insured claimant prier to the date the insured cllimant _M~__-_me an insured under (c) re~Jlting in no loss or damage to the insured claimant; Id! attaching or CTeated subesquam tO Date of Policy: or (e) resulting in Io~ or damage which would not have been lustlined if the insured claimint had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the in~ured at Date of Policy. or the inebifity or failure of any subsequent owner of the indebtedness. to comply with the NNMicabie doing businees laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof. which erases out of the transaction evidenced bythe insured mortgage and is based upon usury or any consumer ?edit prmection or truth in lending law. Schedule B of !he CLTA Stmtd~d Cov~lge Policy form recites that this policy nm pay co~s, laerneys' Mes or expense~l w~ich arise by teeson of: 1. Trams or !ftlfi ,..~1~ which Ire nm shown Is existing liens by the records of ~ny toxing authority that levies taxes or Proc~idings by a Iwbtic ~ which may result in taxes or sssess~ms, er nonces of such Presidings, whether or not 2. Any facts. H~hts. imerests or claims which ere not shown by the pubtic nlsmdl bm which coofd be secef~ined by an inNruction of the land or which ram/be W by ~ in poesession 3. Esls.,,~,d~. ~ or Wnoes, or claims thereof, which are does not insure against loss or damage (and the Company will Disore~ancies, conflicts in boundary lines, shortage in area, er~roechmems, or any M~r f~ ~h I ~ su~y ~uld · ~, a~ ~h are ~t sh~ ~ t~ ~M~ r~rds. 5. (e) U~tom~ mini~ Mires; (b) ~M~ns ~ exitions in ~ems ~ in ~s I~ t~ i~ul~ ~f; (c) water r~hts, ~aims ~ t~ to ~m. ~r ~ ~t the ma~ers ~ u~ (~). (b) ~ (c) ere ~ ~ t~ p~ic r~. 6. Any f~s. r~h~. im~ ~ ~i~ ~h am not s~n by t~ ~ r~ ~ ~ ~u~ ~ I~i~ ~ making i~uiw ~ t~ ~ in t~ ~ ~ ~ ~i~ ~ r~err~ to in ~ A. 7. T~ ~ ~ any failure to ~ ~h t~ torres, ~nants a~ ~s ~ t~ I~ ~ ~ ~ ~ r~err~ to ~~A. ALTA OWNER'S POLICY (10-21-8T) The Exclus~ns from Coverage of the ALTA Owner's Policy form recites that the following n'lltters are ex~rees]y excluded from the coverage of this policy lad the Comperly will nM ply k~s or damage. colts. attorneys' fees or expenses which arise by reason of: 1. (I) Any law. ordinm~ or B" .trr, h~Mal ragulmion (including but not limited to buiMing and sorting laws. ordinances. or regulations) restricting. renulatin& Wing or relating to (i) the occuplncy. use. or enjoymere of the land; (iS) the character. dintensions or location of any improvement now or horeofter erected on the land; (iii) a sepMItion in ownership or a change in the dimensions or Ires of the land or any parcel of which the land is or wes I ~ or (iv) anviror,,cntM I)rMe~ion. or the effect of any violation of these laws. ordinances or governmental regulations. exc~X to the extem theta amice of the aMMc;..,,:nt thMeof or I notice of a defect. lien or encumbrance resulting fTom a viofatimt or altered violltkm effectlag the land has been recorded in the public recon:k It Date of Policy. lb) A~/Bx[ ,,,J.~'-' ixdice Ixwmr nM excluded by (a) Ibove. esce~ to the extent that a amice of the exercise thereof or a notice of a defect. ~ or ~ resulting from I violation or Mleged violation eftacting the land has been recMdad in the I)UMic records at Date of ~-y. 2. Rights of eminent di)mMn unless amice of the exercise thereof his been recorded in the public records at Date of Policy. but not excluding from coverage any tlAing which has _M~__,_,rred prior to Date of Policy which would be binding on the rights of a purchaser for value without in w~'Wng to the Conigeny by the inswed claimant prior to the date the insured clainmnt became an insured under this policy; {c) resulting in no Iml or Ik,m~e to the imbed cllimlm; (d) m~(~ing or creMed ~ ia qusM to Dato of PMicIc or (e) resulting ii~ Io~ or ~ which we~ld nM haw been Wined if the insured claimant had paid value for the estate or interest insured 6300 Wilshire Boulmmrd. P.O. Box 92792. Los Angeles, ~fornis'90(O9