Loading...
HomeMy WebLinkAbout121499 CC AgendaIn comp}iance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 14, 1999- 7:00 P.M. 5:30 P.M. - Closed Session of the City Council and the Redevelopment Agency, in the Main Conference Room, pursuant to Government Code Section: t. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to on matter of existing litigation involving the City and/or the Agency. The following case/claim will be discussed: (a) City of Temecula v. Advanced Cardiovascular (Guidant). 2. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) and (c) with respect to two matters of potential litigation. With respect to such matters, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. At approximately 9:45 P.M,, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting, All meetings are scheduled to end at 10:00 P.M. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: No. 99-32 Resolution: No. 99-114 Eve Craig Pastor Robert Gonzalez of the House to House Ministry Councilman Naggar Comerchero, Naggar, Pratt, Roberts, Stone R:~Agenda\121499 1 PRESENTATIONS/PROCLAMATIONS The Golden Web Award PUBLIC COMMENTS 2 A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda. a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, then (10) minutes will be devoted to these reports. CONSENTCALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of November 9, 1999; 2.2 Approve the minutes of November 16, 1999. R:~Agenda\121499 2 4 5 6 Resolution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Financial Statements for the three months ended September 30, 1999 RECOMMENDATION: 4.1 Receive and file the financial statements for the three months ended September 30, 1999. Sierra Permit Computer System Conversion RECOMMENDATION: 5.1 Authorize the expenditure of $66,110 with a 10% contingency to Sierra Computer system, Inc. to perform database conversion necessary to convert the City's Sierra Permit Computer System from the DOS Version to the Windows Version and authorize staff to proceed with this work as soon as possible. Accept Substitute Agreements and Bonds for public improvements in Tract No. 24183-1 (located north of Campanula Wa,/, east of Meadows Parkway, west of Butterfield Staqe Road, and south of De Portola Road) RECOMMENDATION: 6.1 Accept Substitute Subdivision Improvement and Monument Agreements and securities for Faithful Performance, Labor and Materials, and Monumentation purposes in Tract No. 24183-1; 6.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation securities on file; 6.3 Direct the City Clerk to so notify the developers and sureties. Accept Substitute Aqreements and Securities in Tract No. 24185-F (located northwesterly of the intersection of Butterfield Stage Road at De Portola Road) RECOMMENDATION: 7.1 Accept the Substitute Subdivision Improvement and Subdivision Monument Agreements, and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities in Tract No. 24185-F; RAAgenda\121499 3 8 7.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities on file; 7.3 Direct the City Clerk to so notify the developers and sureties. Vacation of a portion of Restricted Abutters Riqht-of-Access per Parcel Map No. 19582-2 (located at the northwest corner of Winchester Road and Jefferson Avenue) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FIRST AMENDMENT TO DEDICATION OF ABUTTERS RIGHTS TO CITY OF TEMECULA FOR PARCEL MAP NO. 19582-2 Parcel Map No. 29470 (located east of MarClarita Road between Winchester Road and Verdes Lane) RECOMMENDATION: 9.1 Approve Parcel Map No. 29470 in conformance with the Conditions of Approval; 9.2 Approve Subdivision Monument Agreement and Monument Bond as security for the agreements. 10 Professional Services Aqreement -Aquilar Consultinq Enqineers Murrieta Creek Bridqe between Rancho California Road and Winchester Road - Rancho Way Aliclnment Study - Project No, PW99-14 RECOMMENDATION: 10.1 Approve the agreement with Aguilar Consulting Engineers to provide professional engineering services by doing a specific alignment study and determination for Rancho Way from Diaz Road to Margarita Road - Project No. PW99-14 - for an amount not to exceed $135,364.00 and authorize the Mayor to execute the agreement; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $13,537,00. R:~Agenda\121499 4 11 Approval of Cooperative Aqreement with the Redevelopment Aclenc¥ for Construction and Fundinq of Old Town Southside Parkinq Lots - Project No. PW98-16 RECOMMENDATION: 11.1 Approve an Agreement entitled Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Old Town Southside Parking Lots; 11.2 Authorize the Mayor to execute the Agreement on behalf of the City in substantially the form attached to the Agenda Report. 12 Approval of Cooperative aclreement with the Temecula Redevelopment Aqencv for Puiol Street Sidewalk Improvements - Project No. PW98-17 RECOMMENDATION: 12.1 Approve an Agreement entitled Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for Pujol Street Sidewalk Improvements; 122 Authorize the Mayor to execute the Agreement on behalf of the City Council in substantially the form attached to the Agenda Report. 13 Acceptance of Grant Deed for Temeku Hills Park: M-A Temeku Hills Development, LLC Temecula (located at the southwest corner of La Serena Way and Meadows Parkway} RECOMMENDATION: 13.1 Accept a grant deed from M-A Temeku Hills Development, LLC Temecula, for the dedication of Temeku Hills Park, an 11.43-acre park site within the Temeku Hills Development; 13.2 Authorize the City Clerk to record the grant deed. 14 Contract Inspection Services for Buildinq and Safety RECOMMENDATION: 14.1 Approve a First Amendment to an Agreement for Consultant Services with P & D Consultants in an amount not to exceed eighty thousand dollars ($80,000) to provide supplemental building inspection services to the Building and Safety Department. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:~Agenda\121499 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 99-01 Resolution: No. CSD 99-15 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Naggar, Pratt, Roberrs, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the reco.rd. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of November 16, 1999. 2 Financial Statements for the three months ended September 30, 1999 RECOMMENDATION: 2.1 Receive and file the financial statements for the three months ended September 30, 1999. R:~Agenda\121499 6 DISTRICT BUSINESS 3 Temecula Libran/Desjan Contract RECOMMENDATION: 3.1 Award a contract of $708,710 plus an additional $30,000 for reimbursabies to LPA for the schematic design, design development, and construction documents for the Temecula Library Project. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next adjourned regular meeting: January 11, 2000, scheduled to follow the City Council Consent CaLendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\121499 7 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 99-01 Resolution: No. RDA 99-24 CALL TO ORDER: Chairperson Ron Roberts presiding ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. VVhen you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of November 16, 1999. Approval of Cooperative Aclreement with the City for Construction and Fundinq of Old Town Southside Parkincl Lots - Project No. PW98-16 RECOMMENDATION: 2.1 Approve an Agreement entitled Cooperative Agreement between the City of of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Old Town Southside Parking Lots; 2.2 Authorize the Chairperson to execute the Agreement on behalf of the Agency in substantially the form attached to the Agenda Repod; R:~Agenda\121499 8 2.3 Authorize the budgeted expenditure of $900,000 by the Redevelopment Agency for the Agency's share of costs to date and project costs incurred as approved by the City or Agency. 3 Approval of Cooperative Aareement with the Temecula Redevelopment Aqencv for Puiol Street Sidewalk Improvement - Project No. PW98-17 RECOMMENDATION: 3.1 Approve an Agreement entitled Cooperative Agreement between the City of of Temecula and the Redevelopmerit Agency of the City of Temecula for Pujol Street Sidewalk Improvements; 3.2Authorize the Chairperson to execute the Agreement on behalf of the Agency in substantially the form attached to the Agenda Report; 3.3 Authorize the budgeted expenditure of $105,000 by the Redevelopment Agency for the Agency's share of costs to date and future project costs incurred as approved by the City or Agency. 4 Financial Statements for the three months ended September 30, 1999 RECOMMENDATION: 4.1 Receive and file the financial statements for the three months ended September 30, 1999. AGENCY BUSINESS 5 Rehabilitation of Old Town Plaza (Circle K) in Old Town RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND OLD TOWN PLAZA OWNERS DATES AS OF DECEMBER 14, 1999, FOR THE FA(;ADE IMPROVEMENTS TO THE OLD TOWN PLAZA WITHIN REDEVELOPMENT PROJECT NO. 1-1988 DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS R:~Agenda~121499 9 ADJOURNMENT Next adjourned regular meeting: January 11, 2000, at 7:00 P.M., scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\121499 10 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 15 Rancho Hiqhlands Drive General Plan Amendment (Planninq Application PA99-0451 ) RECOMMENDATION: 15.1 Approve a Negative Declaration for Planning Application PA99-0451; 15.2 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S PARCEL NOS. 944-330-019 (PLANNING APPLICATION NO. PA99-0451) 16 Plannine Application No. PA99-0266 (Minor Conditional Use Permit - Appeal) OIlie House Indoor Skateboard Park (located within an existinc~ buildincl at 43300 Business Park Drive) RECOMMENDATION: 16.1 Deny the appeal and uphold the approval by the Planning Commission of Planning Application No. PA99-0266 (Minor Conditional Use Permit); 16.2 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA99-0266 (MINOR CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020- 055 BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK R:~Agenda\121499 11 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next adjourned regular meeting: January 11, 2000, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\121499 12 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 9, 1999 Present: Absent: PRELUDE MUSIC The Open Session of the City Council meeting convened at 7:00 P.M. Councilmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Councilmember: None. The prelude music was provided by Jennifer Taft. INVOCATION The invocation was given by Pastor Tim Buttrey of Temecula Valley Christian Center. ALLEGIANCE The salute to the Flag was led by Councilman Roberts. PRESENTATIONS/PROCLAMATIONS Women's Club Million Dollar Goal A Certificate of Achievement was presented to the Women's Club, which was accepted by Ms. Terry Blanton, President of the Women's Club, who briefly reviewed the organizations 1999 accomplishments. Introduction of NakaVama Deleclates Mayor Ford introduced the Nakayama delegates and presented to each a remembrance from the City of Temecula. PUBLIC COMMENTS A. Although the Vail Ranch/Redhawk Annexation did not pass, Mr. Elton Ward. 45322 Callesito Burgos, relayed his dismay with the outcome but expressed appreciation to the City Council and City staff for the outstanding efforts put forth in order to apprise the residents of Vail Ranch and Redhawk of the annexation. Mr. Ward thanked those residents that voted in support of the annexation and extended a special thanks to the members of the Temecula Annexation Group for their efforts and devotion. B. Ms. CeCe Axton, 30619, Sierra Madre Drive, representing the Temecula Valley Council PTA, introduced the Council PTA members in attendance and thanked the City Council for its support. Referencing the City's generous contributions, Ms. Axton briefly highlighted the Council PTA's achievements and successes and extended appreciation to City staff for their continued assistance. On behalf of herself and the Council PTA, Ms. Axton thanked and R:\Minutes\l 10999 1 extended appreciation to Mayor Ford and Councilman Lindemans for their invaluable contributions to the City. At this time, Ms, Axton introduced Ms. Cheryl Eckhardt who, in turn, presented to the City a Certificate of Appreciation for its continued support. Councilman Lindemans suggested that the PTA Council explore the possibility of televising its Board meetings and encouraged the PTA Council to continue discussions with City staff regarding the installation of prefabricated overcrossings. Because of her devotion, Ms. Eckhardt informed the City Council that that PTA Council honored Ms. Axton with the National Continuing Service Award. C. Mr. Sam Pratt, 40470 Brixton Cove, relayed his support of the PTA as well as the installation of prefabricated overcrossings. Mr. Pratt expressed his opposition to the Johnson Ranch Project and encouraged the City Councilmembers to review relative information submitted. D. Mr. Chuck Blackedge, 40325 Windsor Road, owner of Balloons Galore, relayed his concerns with regard to Ordinance No. 98-10 which restricts the usage of balloons particularly as it pertains to height. Mayor Pro Tern Stone requested that the Council be provided a copy of this Ordinance and noted that Mr. Blackedge's concerns will be addressed. CITY COUNCIL REPORTS A. Councilman Roberts commended Councilman Lindemans on his perseverance with regard to the Overland Overcrossing and commented on the effectiveness of it. B. Advising that LAFCO has been contacted to discuss the possibility of solely proceeding with the annexation of Vail Ranch without the need for another election, Councilman Comerchero relayed his support of such action, if possible, and requested that the matter be agendized for the December 7, 1999, City Council meeting, C. In an effort to promote drive~public awareness, Councilman Comerchero advised that a group was formed to address this issue and that he will report to the City Council of the group's findings. D. Councilman Comerchero advised that the Temecula Valley School District recognized the City, at a recent football game, for its contribution to the Chaparral High School lighting project. E. From personal and recent experience, Councilman Lindemans encouraged all to get periodic health examinations. F. Echoing Councilman Lindemans' encouragement of periodic health examinations, Mayor Pro Tem Stone wished Mr. Lindemans a happy and healthy retirement. G. Commenting on the success of the City's Operation ERASIT Program, Mayor Pro Tem Stone commended the dedicated Police Officers on a job well done. H. Mayor Pro Tern Stone as well commended Councilman Lindemans on his perseverance with the Overland Overcrossing. Although recognizing the frustrations of the residents impacted by the construction of the Missing Link, Mr. Stone reminded the residents that although the City will assist with expediting the completion of this improvement, this project as well as the new Pala Bridge Project are being handled by the County. R:~vlinutes\110999 2 I. Mayor Pro Tem Stone advised of discussions with the City Manager, the Fire Department, and the County of permitting paramedics to perform the emergency procedure of a tracheotomy on an adult and/or child and that he will report to the Council of the outcome. J. Noting that the City had contributed $10,000 to Race for the Cure (Susan G. Komen organization), Mayor Pro Tem Stone encouraged the public to attend and advised that 75% of local monies raised will benefit the local arena. K. Mayor Pro Tern Stone requested that staff provide information with regard to student participation and potential continued City contributions and participation in the Teen Project program. L. To further address the expediency of the paramedic units, Mayor Ford requested that the use of Global Positioning System be immediately addressed. M. Reiterating Mayor Pro Tem Stone's earlier comments, Mayor Ford advised that the improvements at lower 79 South are being handled by the County of Riverside and that the City will assist the County, where possible, in order to assure expedient completion of the project. CONSENT CALENDAR 1 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of October 5, 1999. Resolution Aoorovin<3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of September 30, 1999 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of September 30, 1999. 2 R:\Minutes\110999 3 5 Liability Insurance Renewal 6 RECOMMENDATION: 5.1 Approve the City of Temecula Liability Insurance Policy Renewal with Insurance Company of the West in the amount of $81,650 for general liability and automobile physical damage insurance for the period of December 1, 1999, throu9h December 1, 2000. Extension of the prohibition on Consumption of Alcoholic Beveraaes to Bridlevale Homeowner's Association property pursuant to Temecula Municipal Code Section 9.14.030 RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 99-'103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE PROHIBITION ON CONSUMPTION OF ALCOHOLIC BEVERAGES TO BRIDLEVALE HOMEOWNER'S ASSOCIATION PROPERTY PURSUANT TO TEMECULA MUNICIPAL CODE SECTION 9.14.030 Aareement affectina Real Property at 28820 Sinelie Oak Drive, Temecula, providinq for Deferral of Development Impact Fee RECOMMENDATION: 7.1 Approve an agreement with Chemicon International, Inc. that provides for the deferral of Development Impact Fees over a five-year period. Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 23371-1 (located northwesterly of the intersection of Rancho California Road at Meadows Parkway) RECOMMENDATION: 8.1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities for public improvements for the interior streets in Tract No. 23371-1; 8.2 Direct the City Clerk to so notify the developer and the surety. R:\Minutes\110999 4 9 Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 23371-2 (located northwesterlv of the intersection of Meadows Parkwav at Rancho California Road) RECOMMENDATION: 9, 1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities for public improvements for the interior streets in Tract No. 23371-2; 9.2 Direct the City Clerk to so notify the developer and the surety. 10 Proposed State Sales Tax Shift (SMART Formula) RECOMMENDATION: 10.1 Approve and support the letter of opposition identifying the City's position to the proposed fiscal reform plan by the State Controller. Because of the negative impact this Formula would have on the City, Mayor Ford relayed the City's opposition. 11 Second Reading of Ordinance No. 99-27 RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 99-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND ELI LILLY AND COMPANY FOR PROPERTY GENERALLY LOCATED EAST OF YNEZ ROAD, WEST OF MARGARITA ROAD AND SOUTH OF OVERLAND DRIVE (PLANNING APPLICATION NO. PA99-0274) MOTION: Mayor Pro Tem Stone moved to approve Consent Calendar item Nos. 1-11. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. At 7:52 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. After a short recess, the City Council reconvened at 8:20 P.M., and resumed with regularly scheduled City Council business. R:\Minutes\110999 5 PUBLIC HEARING 12 Planning Application No. PA99o0285 (Amendment No. 7 to Specific Plan No. 219 - Paloma del Sol), Planning Application No. PA99-0283 (Development AGreement for the Villaqes at Paseo del Sol - Community Shopping CenterS, Planning Application No. PA99-0284 (Development Plan - Appeal) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431 -Appeal) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 99-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT NO ADDITIONAL ANALYSIS IS REQUIRED PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED AND THE GUIDELINES PROMULGATED THEREUNDER REGARDING PLANNING APPLICATION NOS. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219); PA99-0283 (DEVELOPMENT AGREEMENT FOR THE VILLAGES AT PASEO DEL SOL, COMMUNITY SHOPPING CENTER); PA99-0284 (DEVELOPMENT PLAN) AND PA99-0286 (TENTATIVE PARCEL MAP NO. 29431) 12.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 99-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219), WHICH AMENDS LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27 AND 36; AMENDS THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY BETWEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA I FROM 32.3 ACRES TO 35.0 ACRES; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO 34.3 ACRES; DIVIDES PLANNING AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, WITH A MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (12 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DU/AC, WITH A MAXIMUM OF 240 UNITS), RESULTING IN AN OVERALL REDUCTION OF DWELLING UNITS FROM 590 TO 508; AMENDS THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNITY WITHIN PLANNING AREA 8; AND AMENDS THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR AMENITIES; BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK R:\Minutes\110999 6 12,3 Read by title only and introduce an ordinance entitled ORDINANCE NO. 99-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED VILLAGES AT PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREAS l(a) & l(b) OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7 12.4 Deny the appeal of Planning Application No. PA99-0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431); 12.5 Uphold the approval by the Planning Commission of Planning Application No. PA99- 0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431); 12.6 Adopt a resolution entitled: RESOLUTION NO. 99-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA99-0284 (DEVELOPMENT PLAN) AND PLANNING APPLICATION NO. PA99-0286 (TENTATIVE PARCEL MAP NO. 29431), AND UPHOLDING THE APPROVAL OF THESE PROJECTS BY THE PLANNING COMMISSION, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT AND SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK Deputy City Manager Thornhill reviewed and clarified the detailed staff report (as per agenda materials); referenced staff's opinion that there is not a nexus between the Butterfield Stage Road Interceptor Channel and the four cases before the City Council this evening; advised that the Channel was to be constructed and funded through AD No. 159 and that Newland Communities has no control over the timing of this process; commented on the bonding capacity of the Assessment District; and noted that due the lateness in receiving Ms. Staples' fax, he has not had the opportunity to review the information (copies of which were provided to the Councilmembers). Mr. Thornhill relayed the Corona's concern that this project or any future project be approved without Newland Communities fulfilling its commitment to install the interceptor channel. Mr. Thornhill recommended denial of the appeal and approval of the remaining applications. City Attorney Thorson pointed out that because Mayor Ford does not own any properties within 2,500' of the subject site, because Mr. Ford's employer does not own any undeveloped property within the applicable 2,500' radius, and because of relationship of this project to AD No. 159, Mayor Ford may participate in the discussion and may vote with regard to this issue. In light of the lateness of some of these reports, City Attorney Thorson, for Mayor Pro Tem Stone, advised that staffs response to drainage issues on the appeal are summarized in the staff report; that the extensive Newland Communities submittal is summarized in a cover letter; and that the fax from Ms. Staples is, in large, summarized on pages 1 and 2 of the proposal. R:\Minutes\110999 7 In response to Mayor Pro Tem Stone, Deputy Director of Public Works Parks advised that the construction of Butterfield Stage Road by AD No. 159 and the raising of it by one or two feet was built according to plans and specifications and that the two 120" pipes do not adequately mitigate the concerns of both two basins. Councilman Lindemans referenced the May 26, 1988, (of record), particularly commenting, as per his interpretation, on the City's responsibility to ensure that the interceptor channel is constructed. By way of overheads, Mr. Barry Burnell, T&B Planning, 3242 Halladay, #100, Santa Ana, representing Newland Communities, reviewed the request; referenced and relayed his understanding of a letter dated May 26, 1988 (of record); and noted the following: · That the maximum bonding capacity is $4.9 million; That, as requested by the Flood Control District, a drainage structure was designed to intercept a large amount of off-site storm runoff that approaches the project from the east; That AD No. 159 was formed in 1988 with its own Environmental Impact Report (EIR) processed through the County; that a supplemental District formed in 1991 at which time the Butterfield Stage Road east interceptor channel was originally considered; That the assessment, at that time, was determined at $2.2 million in order to protect the 38 acres owned by the Coronas/Savalas; that the cost of such a facility escalated to $3.5 million (Alternative No. 1) which included a box culvert to protect future farming (38 acres); That the current proposal requests the protection of 202 acres, which encompasses the entire Corona, Savala, and Lumsdaine properties for $5.8 million; that this recent proposal cost has been increased to $6.2 million; · That the conditions of approval for the Vail Meadows Specific Plan never intended the protection of 202 acres; · That the Assessment District was approved and the EIR was adopted prior to the approval of the Vail Meadows EIR; · That the Assessment District listed the 38 acres as undeveloped/unplanned land and the 202 acres as agriculture land; That the construction of Butterfield Stage Road created an impact on approximately 5 to 6 acres of the Corona property; that such construction did not create flooding to the east of the Assessment District; that the interceptor channel was intended to mitigate concerns with regard to the 5 to 6 acres; · That the area to the east of the Assessment District (140 acres) has historically flooded. Mr. Rich Robato, representing Newtand Communities, further clarified the location and hydrology of the two existing basins and advised that the two 120" pipes were installed by Nelwand Communities to assist with the water flow for Basin No. 2; and that Newland R:\Minutes\l 10999 8 Communities has been assessed 82% of Basin No, 1. In closing, Mr. Robato noted that the Assessment District has failed to fulfill its function, Ms. Michelle Staples, 2100 SE Main Street, Suite 104, Irvine, representing the Coronas, reviewed the request; referenced and relayed her understanding of a letter dated May 26, 1988 (of record); commented on the Coronas' compromise (as per faxed material) which would allow the Home Depot project to proceed; and noted the following: · That a new flood hazard has been created at the commercial corner (79 South) as a result of the new building in and developing on the natural channel; That the City has never relieved the developer of the condition (as per the May 26, 1988, letter) to construct a permanent facility prior to development of the downstream areas; That it is a legal responsibility of this developer to construct a permanent facility; that any approval should be based on the construction of an interceptor channel before the issuance of development permits; · That the lateness of her faxed letter was as a result of waiting for information from the County, which was not received; · That the project cost of approximately $6.2 million (Alternative No. 3) does include the underground interceptor and the open channel to the east; That although only 5 to 6 acres of the Corona property are impacted as a result of the construction of Butterfield Stage Road, in order to construct facilities in a manner which will allow the Coronas to continue their current and future land uses of the property without further severance damages to them, the facility which was constructed in the middle of their property must be buried by 4'; it was suggested that a smaller facility be constructed in its place and that a larger facility be constructed to the east; Councilman Lindemans suggested that, in order to meet with the County and the developer, the matter be continued to the November 16, 1999, City Council meeting. Ms. Staples noted her concurrence with a continuance. Mr. Allan Davis, Del Sol Investment, Cadsbad, requested that the City Council take action as recommended by City staff. Mr. Sam AIhadeff, representing Newland Communities, 27555 Ynez Road, Suite 203, referenced and quoted City Condition No.27 on Map No. 24182, as follows: an interim detention basin has been constructed on the southern portion of Phase IV and the final phase of Tentative Tract No. 24182; the existing detention basin or an equivalent facility should remain in place until such time that upstream drainage facilities are constructed to convey off-site storm flows to an adequate outlet,' any revision to the existing detention basin and appurtenant drainage facilities should be approved by the City. Further addressing the matter before the City Council, Mr. AIhadeff noted the following: · That there is no nexus to the Corona property and Home Depot; · That there would be no objection to including Condition No. 27 (as noted above) with the approval of Home Depot. R:\Minutes\110999 9 · That the appeal be denied and that the remaining issues be approved with the imposition of Condition No. 27. Ms. Staples noted her opposition to the approval of Home Depot as well as any other approval under Specific Plan No. 219 without the imposition of a condition requiring the construction of the interceptor channel. She supported the approval of the Home Depot project contingent upon withholding building permits for Newland Communities. Mr. Bob Krieger, representing the Coronas, further commented on Alternative No. 3 (submitted to the County); addressed the water flow; the 2 120" pipes installed for Basin No. 2; and the construction of a facility upstream on the easterly portion of the Corona property. By way of overheads, Mr. Sam AIhadeff reiterated his request that the City Council deny the appeal due to lack of nexus and approve the project. At 10:05 P.M., the public hearing was closed and a recess was taken. The Council reconvened at 10:14 P.M. In light of this evening's discussion, Councilman Comerchero noted that the noted drainage issues will obviously not be resolved today and, therefore, suggested the following: · That the Home Depot project be approved; That all building permits for Map No. 24182 with the exception of Phases 1 and 2 be withheld until this issue is resolved or the matter is addressed by the City Council in a public hearing. City Attorney Thorson introduced and read by title only Ordinance No. 99-28 and Ordinance No. 99-29. MOTION: Mayor Pro Tem Stone moved to approve staff recommendation with amending the Specific Plan as it relates to Home Depot as follows: that Mayor Ford and Councilman Lindemans continue to serve on the subcommittee that is to meet with the proponents and opponents in an effort to create a reasonable compromise; that the City will have the ability to withhold approval of building permits within Tract No. 24182, with the exception of Phases I and 2, as identified by Deputy City Manager Thornhill; that once a reasonable compromise has been negotiated, the matter would be addressed at a City Council public hearing; and that the subcommittee will report to the City Council at its November 16, 1999, City Council meeting. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. For Ms. Staples, it was noted that Phases 3 and 4 of Tract No. 24182 would withhold approximately 400+ building permits. R:\Minutes\110999 10 13 Ptanninc~ Application No. PA98-0447 ('Tentative Tract Map) a reauest to subdivide 6.31 acres of land into twenty-four (24) residential lots and Planninc~ Application No. PA99- 0238 (Develol3ment AQreement) a rec~uest for a Development Aclreement to allow a minimum of five (5) foot side yard setback (for property located on the south side of Via La Vida between Marc~arita Road and Solana Way) RECOMMENDATION: 13.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND HIRAM-HILL LLC FOR TENTATIVE TRACT NO. 29036 (PARCELS t-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3) LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY 13.2 Adopt a resolution entitled: RESOLUTION NO. 99-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF PLANNING APPLICATION NO. PA98-0447 FOR TENTATIVE TRACT NO. 29036 (PARCELS t-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3) LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY Councilman Comerchero noted that he would be abstaining with regard to this issue. By way of overheads, Deputy City Manager Thornhill reviewed the staff report (as per agenda material). Mayor Ford opened the public hearing. An engineer (name inaudible and no speaker card submitted), representing the applicant, was present to concur with staff recommendation. Mayor Ford closed the public hearing. City Attorney Thorson introduced and read by title only Ordinance No. 99-30. MOTION: Mayor Pro Tem Stone moved to approve staff recommendation. The motion was seconded by Councilman Lindemans and voice vote reflected approval with the exception of Councilman Comerchero who abstained. R:Mvlinutes\l 10999 11 14 Development Aareement with Pala Rainbow LLC (for proPertY located near the intersection of Hiclhwav 79 South and Pala Road) RECOMMENDATION: 14.1 Adopt the Negative Declaration for Planning Application No. PA99-0273; 14.2 Introduce and read by title only an ordinance, ORDINANCE NO. 99-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79 SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) Deputy City Manager Thornhill reviewed the staff report (of record). Mayor Ford opened the public hearing. There being no public interest to speak, the public hearing was closed. City Attorney Thorson introduced and read by title only Ordinance No. 99-31, MOTION: Mayor Pro Tern Stone moved to approve staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. Councilman Lindemans thanked the Planning Commission for their expediency in addressing this issue. COUNCIL BUSINESS 15 1999-00 Community Service Fundinq Proqram Committee Recommendations RECOMMENDATION: 15.1 Review and approve the 1999-00 Community Service Funding Program requests per the table outlining the Committee's recommendations of 32 organizations totaling $102,000. Mayor Pro Tem Stone noted that he would be abstaining with regard to Escondido Community Health Center (No. 12). Finance Director Roberrs referenced the staff report (as per agenda material), briefly highlighting the various organizations as well as the Committee's (comprised of Mayor Pro Tern Stone and Councilman Comerohero) funding recommendation which totaled $102,000. Mr. Rick Schultz, 31905 Via Cordoba, Executive Director of the Boys and Girls Club, thanked the City Council for its continued support; referenced last year's funding from the City in the amount of $22,400; and requested that consideration be given to waiving the Club's $18,000 yearly building loan repayment to the City. R:\Minutes\110999 12 Finance Director Roberrs advised that the next CDBG funding cycle will be in January 2000 and that the Boys and Girls Club may participate in that process as well. MOTION: Councilman Lindemans moved to approve staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Pro Tem Stone who abstained with regard to No. 12 (Escondido Community Health Center). 16 Old Town Redevelopment Advisory Committee Appointment RECOMMENDATION: 16.1 Appoint two applicants to serve on the Old Town Redevelopment Advisory Committee each a four-year term to expire September 26, 2003. Mayor Pro Tem Stone noted that he would be abstaining with regard to this matter. City Clerk Jones briefly reviewed the staff report (of record). Councilman Comerchero suggested that consideration be given to requesting Court relief from the requirement that a member of this Committee must live and/or own a business in Old Town and requested that the matter be agendized for a future meeting. Councilman Roberts requested that the need for this Committee be determined. MOTION: Councilman Comerchero moved to appoint Mr. Arthur Yorke and to reappoint Committee Member Jenkins. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Pro Tem Stone who abstained. 17 Public Traffic Safety Commission Appointment RECOMMENDATION: 17.1 Appoint two applicants to serve on the Public/Traffic Safety Commission each a three-year term to expire October 10, 2002. City Clerk Jones briefly reviewed the staff report (of record). Mayor Ford extended appreciation to Mr. Markham for his years of service to the City. MOTION: Mayor Pro Tem Stone moved to appoint Mr. Mark Katan and to reappoint Commissioner Coe. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 18 Appointment of Representative and Alternate to the Riverside Transit Aqencv RECOMMENDATION: 18.1 Appoint a member of the City Council to serve as the representative for the Riverside Transit Agency; 18.2 Appoint Karel Lindemans to serve as alternate for the Riverside Transit Agency through December 31, 1999. R:\Minutes\l 10999 13 City Clerk Jones reviewed the staff report (as per agenda material). City Attorney Thorson advised that it is a requirement of the RTA to appoint a current City Councilmember. MOTION: Mayor Pro Tem Stone moved to appoint Councilman Lindemans as the City alternate to the RTA Agency until December 31, 1999, and to appoint Mayor Pro Tem Stone as the representative. The motion was seconded by Councilman Cornerchero and voice vote reflected unanimous approval. CITY MANAGER'S REPORT Because the Registrar of Voters will not be able to certify the November 2, 1999, election results until November 18, 1999, City Manager Nelson advised that an adjourned regular meeting has been scheduled for Monday, November 22, 1999, at which time the Mayor, Mayor Pro Tem, President of the Community Services District, and the Chairman of the Redevelopment Agency will be appointed. CITY ATTORNEY'S REPORT City Attorney Thorson advised that the City Council gave direction to staff with regard to the real property matter and as well provided direction to him as to the defense of the legal matter. ADJOURNMENT At 10:56 P.M., the City Council meeting was formally adjourned to Tuesday, November 16, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Steven J, Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] R:\Minutes\l 10999 14 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 16, 1999 The City of Temecula City Council convened in an adjourned regular meeting at 7:04 P.M., on Tuesday, November 16, 1999, in the City Council Chambers of Temecula City Hall, 43200 Business Park Ddve, Temecula. ROLL CALL Present: Councilmembers: Comerchero, Lindemans, Roberrs, Stone, and Ford. Absent: Councilmember. None. PRELUDE MUSIC The prelude music was provided by Aaron Breid. INVOCATION The invocation was given by Youth Pastor Scott Treadway of Rancho Community Church. ALLEGIANCE The audience was led in the Flag salute Mayor Pro Tern Stone. PRESENTATIONS/PROCLAMATIONS National Family Week Mayor Ford proclaimed November 21-27 to be designated as National Family Week. On behaff of all the families in the City of Temecula, Ms. Denise Ome accepted the award, noting that it would be placed on display at the Library. Certificate of Apl~reciation to AI Cdsl} and Larry Markham Presenting Permit Engineer Cdsp with a Certificate of Appreciation, Mayor Ford relayed the City's gratitude for Mr. AI Cdsp's dedicated service, aiding the City in establishing a foundation for the Public Works Land Development Division with his extensive engineering background. Mayor Ford presented Mr. Larry Markham with a Certificate of Appreciation for his three years serving as a Public/Traffic Safety Commissioner, notin9 that the City had greatly benefited from his invaluable service. For informational purposes, Mayor Ford relayed the success of the recent Race forthe Cure Event which was held in the City of Temecula for the purpose of raising monies for breast cancer research; noted the inspiring feats of various handicapped participants in the race; and displayed the crystal plate that was presented to the City denoting the 1999 Temecula Race forthe Cure Event. R:\Minutes\l 11699 1 PUBLIC COMMENTS Ms. Maryann Edwards. representing the Assistance League of the Temecula Valley, relayed the vadous activities of the organization, inclusive of the provision of clothing for children; flanked the City for their generous support; invited the public to the 2''~ Annual Holiday fundraiser, scheduled ~ be held on Sunday, November 21, 1999 from 4:00 P.M. to 7:00 P.M. at the Castaway's Thdft Shop located at 28720 Via Montezuma, Temecula; and commended Councilman Lindemans, and Mayor Ford for their dedication to the City, as Councilmen. The following individuals relayed their support of the proposed permanent Community Theatre: Ms. Bobbi Boes, Mr. Dan Stephenson, Ms. Patti Draw, Ms. Julie Pitruzzello representing the Theatre Foundation, representing the Theatre Foundation. representing the Temesula Valley Playhouse, representing the Temecula Valley Playhouse, 27740 Jefferson Avenue 27740 Jefferson Avenue 45680 Muirfield Drive not given The above-mentioned individuals relayed the following comments: Provided an overview of the proposal to construct the project in Old Town. Noted the commitment of a community group to fund a half million dollars of the project. Commended Councilman Lindemans, and Mayor Ford for their support. Relayed that the project would be a great asset in the community. Referenced the General Plan; and noted that the proposed project would fulfill the vision outlined in the goals. For Councilman Lindemans, Mr. Dan Stephenson confirmed that the preliminary plans were inclusive of utilization of the Mercantile Building in Old Town, and that the City had designated funding in the amount of a half million dollars for the proposed project. CITY COUNCIL REPORTS Updating the Council with respect to the Riverside County Transportation Committee (RCTC), Councilman Roberts provided information regarding his opposition to the recant proposal presented to the Committee proposing to utilize the Discretionary funds from the years 2000-2008 (totaling $58 million), to fund two Measure A Projects (associated with the 91 Freeway Improvement Project); relayed that Discretionary funds were the sole funds available for the southwest Riverside County area due to this particular area not being included in the Measure A Projects; noted that although approval of the proposal was recommended by staff, and the County Board of Supervisors, there was opposition from the Cities of Muftieta, Hemet, Temecula, and the majodty of the Desert cities; advised that the Committee denied the proposed funding; relayed that the Board of Supervisors then evoked the Division of the House Rule, voting (4-1) to approve the funding proposal, and thereby, rendered the issue mute; advised that it was agreed that in January there would be a Special Meeting scheduled to discuss the matter further; relayed additional information regarding the potential reduction in costs associated with the two Measure A Projects; advised that there was $67 million available in Rail funding which could potentially temporarily fund these two particular projects; noted that he would further update the R:\Minutes~l 11699 2 Council in January, 2000; and provided assurance that he would continue to oppose the utilization of the Discretionary funds for the funding of the previously mentioned projects. Councilman Roberts noted his disappointment with the press continually publishing negative comments regarding the traffic situation in the City of Temecula; relayed the kudos the City had received from the public regarding the recent road improvements (i.e., the Overland Bridge Project); and implored the press to acknowledge the improved circulation within the City of Temecula. Since Councilman Lindemans would be leaving his seat on the Council in November, he requested that staff and the Council pursue the following matters: The paving of the Poole parking lot located in Old Town. The design and production of a scale model of Old Town. The permanent Community Theatre Project (proposed to be in Old Town). The Sports Complex, relaying the monetary benefits for the City if the complex is managed by an aitemate entity. For informational purposes, Councilman Comerohero relayed that the San Diego Padres Sports Project was near completion; and noted that there would be a Dedication Ceremony held on Thursday, November 18, 1999 at 3:30 P.M. (located on fields 1, and 2 of the Sports Park), inviting the public to attend. Councilman Comerchero commended Mayor Ford for his excellent leadership skills exhibited while chaidng the Council; and relayed that he would greatly miss Councilman Lindemans, noting that his participation on the City Council had provided vision, contributing to the projects and policies of the City. With raspoct to the successful Race for the Cure Event racantly held in Temecula, Mayor Pro Tem Stone relayed kudos to the Pubic Works staff, and the Police Department for their diligent efforts associated with the activity. Commenting on the numerous improvements and the growth in the City of Temecula, Mayor Pro Tern Stone relayed that the success was greatly due to the assiduous efforts of staff, specifically, applauding Permit Engineer Crisp for his positive demeanor, and contdbutive achievement. With raspoct to Mayor Ford and Coundlman Lindemans leaving their Council seats on November 22.1999. Mayor Pro Tern Stone relayed that Councilman Lindemans' passion, devotion, and commitment to the City would be greatly missed; commended Mayor Ford for his excellent work as Mayor, consistently moderating the Council discussions without bias; relayed appreciation to Mayor Ford's wife, Ms. Mary Ford for her support; commented on the legacy that both Councilmen would leave, noting that the fruition of their accomplishments would continue. Regarding the proposed Sports Complex, Mayor Pro Tern Stone relayed that he looked fortNard to working with Mr. Lindemans as an advisory counsel associated with the project. Relaying his gratitude for the accolades, Mayor Ford noted that he would withhold his comments until the November 22, 1999 City Council meeting. R:~Minutes\l 11699 3 CONSENT CALENDAR I Standard Ordinance Adol~tion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution Aoorovin¢l List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 99-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Paramedic Pro~3rem - October Statistics RECOMMENDATION: 3.1 Receive and file the report. Consent Calendar Item No. 3 was pulled for separated discussion; see page 8. 4 Mar~ladta Middle School Sister City Tdl~ to Nakayama RECOMMENDATION: 4.1 Approve an expenditure of funds in the amount of $4,200 to provide twelve students and two adults traveling to Nakayama, Japan, $300 per traveler to offset the trip expenses. It was noted that the Recommendation associated with Agenda item No. 4 was amended. 5 Accel~tance of Public Streets into the City-Maintained Street System within Tract Nos. 23220 and 24232 (located northerly of the intersection of Calle Medusa at La Serena Way) RECOMMENDATION: 5.1 Adopt a resolution entitled: R:~Minutes~l 11699 4 6 7 8 RESOLUTION NO. 99-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NOS. 23220 AND 24232) Accept Public Improvements in Tract Nos. 23220 and 24232 (located northerly of the intersection of Calle Medusa at La Serana Way) RECOMMENDATION: 6.1 Accept the public improvements in Tract Nos. 23220 and 24232; 6.2 Authorize reduction in Faithful Performance secudty to the 10% warranty level and initiation of the one-year warranty pedod; 6.3 Direct the City Clerk to so advise the developer and surety. Authorize Temporan/Street Closures for Santa's Annual Christmas Liahts Parade on December 2, 1999, and deleaate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Enclineer RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 99-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM DEL RIO TO OVERLAND AVENUE FOR SANTA'S ELECTRIC LIGHTS PARADE ON DECEMBER 2, 1999, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES Deleaation of Authority to the Director of Public Works/City EnGineer to perform certain Administrative functions on behalf of the City Council RECOMMENDATION: 8.1 Adopt a resolution entitled: R:\Minutes\l 11699 5 RESOLUTION NO. 98-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DELEGATING TO THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER THE AUTHORITY TO ACCEPT PROJECTS AS COMPLETED, RELEASE PERFORMANCE WARRANTY SECURITIES FOR PUBLIC IMPROVEMENTS, AND RELEASE BONDS FOR SUBDIVISION MAPS ON BEHALF OF THE CITY OF TEMECULA 9 10 11 Amendment No. 3 to Electrical AGreement for Maintenance of SiGnal and LiGhtinG Systems on State HiGhways RECOMMENDATION: 9.1 Approve Amendment No. 3 to the Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways with the State Department of Transportation. First Amendment to Contract for RiGht-of-Way Weed Control Pre-EmerGent and Post Emement - Work Order No. 98-99-03 RECOMMENDATION: 10.1 Approve the First Amendment to the Contract with Pestmaster Services, Inc. for a pedod of three (3) years beginning November 16, 1999, in an amount of $75,000.00. Professional Services AGreement - Daniel, Mann. Johnson. & Mendenhall Paia Road Improvements - Phase II, State HiGhway 79 South to Pechanaa Road - Project No. PW99-11 RECOMMENDATION: 11.1 Approve the agreement with Daniel, Mann, Johnson, & Mendenhall (DMJM) to provide professional engineering and design services for the preparation of plans, specifications, and estimates to construct Pala Road Improvements - Phase II - State Highway 79 South to Pechanga Road - Project no. PW99-11 - for an amount not to exceed $579,600.00 and authorize the Mayor to execute the agreement; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract of $57,960.00; 11.3 Accelerate appropriation of budgeted funds in FY2000-01 to FY1999-00 in the amount of $250,000.00 to design Account No. 210-165-668-5802. 12 Completion and Acceptance of the City Hall Remodel Project - Phase II R:\Minutes\l 11699 6 RECOMMENDATION: 12.1 Accept the City Hall Remodel Project - Phase II; 12.2 File a Notice of Completion, release the Performance Bond, and accept a one-year (1) Maintenance Bond in the amount of 10% of the contract; 12.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 13 Second Readina of Ordinance No. 99-30 RECOMMENDATION: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 99-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND HIRAM-HILL, LLC FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3) LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY It was noted that Councilman Comerchero would be abstaining with regard to this issue. 14 Second ReadinQ of Ordinance No. 99-31 RECOMMENDATION: 14.1 Adopt an ordinance entitled: ORDINANCE NO. 99-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79 SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1-2 and 4- 14. The motion was seconded by Councilman Roberrs and voice vote reflected approval with the exception Councilman Comerchero who abstained with regard to Item No. 13. R:\Minutes\l 11699 7 Consent Calendar Item No. 3 was considered at this time. 3 Paramedic Pro{3ram - October Statistics RECOMMENDATION: 3.1 Receive and file the report. Providing an overview of the first six-week pedod of the Pammedic Program which began on September 15, 1999, City Fire Chief Brown presented the staff report (of record); specified that the average response time was 4 minutes, 54 seconds; advised that the program had been successful, providing improved emergency services for the City of Temecula; for Mayor Pro Tern Stone, relayed that a report had been submitted to staff, regarding the issue of trecheotomies, noting that this data would be presented to the City Council at a future point in time. Relaying that he had attended a ride-along with the paramedic team, Mayor Pro Tern Stone commended the paremedic staff for their diligent efforts associated with the emergency services; and with respect to the recent ballot vote (which did not pass), regarding the annexation of Redhawk, commented that the provision of these emergency services would have benefited the area. MOTION: Councilman Lindemans moved to approve staff recommendation, and that the informational data regarding the issue of trecheotomies be brought before the City Council within 30 days. Councilman Roberts seconded the motion. (This motion ultimately passed; see below.) Mayor Ford requested staff to continue investigating the matter of the Global Positioning System (GPS) for utilization in the paremedic squads. For Mayor Ford, City Manager Nelson relayed that staff would provide an update with respect to the GPS System within 30 days, in conjunction with the presentation of the trecheotomy data. At this time voice vote was taken reflecting unanimous approval. At 7:55 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:58 P.M. a short recess was taken and at 8:15 P.M., the City Council resumed with regularly scheduled City Council business. PUBLIC HEARINGS 15 Vacate portion of North General Keamy Road in Tract No. 3334 (located at the southeast comer of reaiiQned North General Kearny Road at Marqadta Road) RECOMMENDATION: 15.1 Adopt a resolution entitled: R:~Minutes\l 11699 8 RESOLUTION NO. 99-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA VACATING A PORTION OF NORTH GENERAL KEARNY ROAD FROM MARGARITA ROAD TO 800 FEET EASTERLY OF MARGARITA ROAD Director of Public Works Hughes provided an overview of the staff report (per agenda material.) Mr. Peter Stealing, 2398 San Diego Avenue, relayed concurrence with staff recommendation, requesting that the City Council approve the proposal to vacate the portion of North General Keamy Road (a portion of Lot "A" in Tract No. 3334.) At this time Mayor Ford closed the public hearing. MOTION: Mayor Pro Tem Stone moved to approve staff recommendation. Councilman Lindemans seconded the motion and voice vote reflected unanimous approval. COUNCIL BUSINESS 16 Oral Rel~ort from Subcommittee, Second Readincl of Ordinance No. 99-28 (Sl~ecific Plan No. 219~ and Ordinance No. 99-29 (Develooment Af3reement}- Home Deoot Project (located north of State Hi~lhwav 79 South, south of Montele.clro Way, east of Mar{~adta Road, and west of Meadows Parkway RECOMMENDATION: 16.1 Receive an oral report by Subcommittee Members Mayor Ford and Councilmember Lindemans; 16.2 Adopt an ordinance entitled: R:\Minutes\l 11699 9 ORDINANCE NO. 99-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219), WHICH AMENDS LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27 AND 36; AMENDS THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY BETWEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 1 FROM 32.3 ACRES TO 35.0 ACRES; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO 34.3 ACRES; DIVIDES PLANNING AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, WITH A MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (12 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DU/AC, WITH A MAXIMUM OF 240 UNITS), RESULTING IN AN OVERALL REDUCTION OF DWELLING UNITS FROM 590 TO 508; AMENDS THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNITY WITHIN PLANNING AREA 8; AND AMENDS THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR AMENITIES; BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK 16.3 Adopt an ordinance entitled: ORDINANCE NO. 99-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED VILLAGES AT PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREAS I(A) & I(B) OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7 MOTION: Mayor Pro Tem Stone moved to approve the Second Reading of Ordinance No. 98- 28 (Specific Plan no. 219) and Ordinance No. 99-29 (Development Agreement.) Councilman Roberrs seconded the motion and voice vote reflected unanimous approval. With respect to the dispute between the Corona Ranch properties and Newland Communities, Mayor Ford relayed that although there had been discussions, at this point in time no final agreement had been reached. Ms. Michele Staples, attomey for the Corona Ranch properties, specified the issues of dispute; relayed that the Corona family did not oppose the Second Reading of the Ordinances; and thanked Mayor Ford, and Councilman Lindemans for their assiduous efforts spent over the weekend, working with the parties in an attempt to reach an agreement. R:\Minutes\l 11699 10 Councilman Lindemans relayed that the Council had previously placed a hold on 218 lots in Tract 24182-3, and 4, associated with this preject; noted that due to this preperty currently being in escrow, Newland Communities had offered in its stead, Parcels 6 and 7, consisting of 508 multi-family units, requesting that there be a substitution of the parcels being held; and recommended that due to the situation, that the parcels be substituted. Mr. Alhadeff, representing Paseo Del Sol/Newland Communities, relayed gratitude to Mayor Ford and Councilman Lindemans for their time and consideration in attempting to aid the parties in the dispute; relayed that although there was no mandated requirement, Newland Communities had agreed to place a hold on the aforementioned properties in an attempt to be amenable with respect to settling the dispute; noted the specifications of the existing Development Agreement; reiterated Coundlman Lindemans' recommendation to substitute the held parcels; in response to Mayor Ford's comments, relayed assurance that if the City Council approved the proposed substitution of parcels, that there would be continued efforts to attempt to come to a resolution with the Corona Ranch properties; for Mayor Pro Tern Stone, specified that if the Council did not approve the substitution of holdings, that the property owner would not be able to sell the property; and noted that there was, additionally, a risk of a lawsuit. Ms. Staples relayed that the Corona family opposed the proposal to substitute the preperty holdings, providing the rationale for the opposition; and specified that the Brown Act regulations would prohibit a ruling on the matter at this time due to this meeting being a Special meeting. City Attomey Thorson offered the following ciadficetion: 1) noted that this was not a Special meeting, but an adjourned regular meeting, 2) relayed that the Agenda did specifically reference the project; 3) provided additional information regarding the Development Agreement; and 4) specified the Council's purview with respect to the releasing of the property hold at this time, and in the future, if requested. For Councilman Lindemans, Deputy City Manager Thornhill clarified that the rationale for the Condition restricting the parcels was to ensure that there would be attempts to resolve the issues of dispute; and relayed that the holding may not have been placed on the property if Newtand Communities had not been agreeable. MOTION: Councilman Lindemans moved to have the City, hereby, release the 218 lots in Tract 24182-3 and 4, as descdbed in the Conditions of Approval, approved by the City Council on November 9, 1999, and substitute, in its place, Planning areas 6A and 6B of Parcel Map 29431, Parcels 6, and 7, consisting of 508 multi-family units. Councilman Comerchero seconded the motion. (This motion ultimately passed; see page 12.) In response to Mayor Pro Tem Stone's querying, Ms. Staples relayed that her client would request a waek's time to consider the new proposal. Mayor Ford specified the location of the originally held propedies, and the properties proposed to be substituted; advised that since Newland Communities had offered the collateral on good faith at the time, and due to the substitution proposal still maintaining an equitable holding, which would continue to encourage eftotis to reach a settlement, recommended that the substitution proposal be approved. Recognizing the unusual circumstances of the matter, Councilman Comerchero reitereted that Newland Communities had offered the parcels currently being held; noted that at the time of R:\Minutes\l 11699 11 approval, the Coundl was not aware of the fact that the parcels wore in escrow; and recommended that the Council approve the substitution of the parcels. After furlher consideration of the matter, Ms. Staples relayed that the Corona family had no objection to the proposal to substitute the parcels. At this time voice vote was taken reflecting unanimous approval. In light of the time the Council that had devoted to the discussions, Mayor Ford implored the parties in dispute to make efforts to come to a resolution. For informational puq~oses, Councilman Lindemans relayed that after much deliberation, Newland Communities was willing to post a $3.5 million bond, noting the efforts to cooperate in reaching a resolution. 17 GST Fiber Ootics RECOMMENDATION: 17.1 Receiveand~leareportregardingGSTTelecom~beroptics. By way of overhead maps, Director of Public Works Hughes presented the staff report (of record) as an informational item par the City Council's and City Manager Nelson's request; specified the location of the telecommunication facilities installation; noted the concessions GST had made to mitigate the traffic impacts associated with the project; relayed that the City would be monitoring the installation project; and for Councilman Comerchero, advised that solely the area within the Commercial Distdct would have the installation postponed until January 3, 2000, (after the holiday season.) Mr. Joe Fen'ill. representing GST Fiber Optics, relayed for Councilman Comerchero, that the applicant would be willing te, additionally, delay the project in the southem area until January 3, 2000 if that was the desire of the Council; and in response to Mayor Ford's request that a minimum of two lanes of travel be open for vehicle traffic dudng installation, provided assurance that GST would adhere to all of the traffic guidelines dictated by the Department of Public Works, and the Council. For Councilman Roberts, Director of Public Works Hughes advised that although there wore no required cash deposits, or bend holdings, the City's standard encroachment permit specifies that the applicant would be held responsible for any damage to public proparty, private proparty, or any other utilities, relaying that the City would not be liable for the aforementioned damage. City Attorney Thorson relayed that the encroachment permit was inclusive of an insurance requirement, noting that the City would be made an additional insured. In response to Councilman Roberts' cencems with respect to adept flagmen, road closure guidelines, and severed telephone cables, Mr. Fen'ill reiterated that GST would stdctly adhere to the traffic guidelines provided by the City; noted that if necessary, the flagmen would be retrained to meet the City's specifications; and clarified the issue of the cut GTE cable in the City of Murdeta associated with their project. relaying that GTE had taken responsibility for the matter; and noted that GST would take every precaution to prevent the sevedng of utility lines. R:~Minutes\l 11699 12 Mayor Pro Tem Stone relayed that he could support the project due to the applicant's desire to cooperate with the City's guidelines, which was supported by staffs comments. Mayor Ford recommended that the concerns expressed by the Council be incorporated into the City's guidelines. MOTION: Mayor Pro Tem Stone moved to approve staff recommendation. Councilman Roberrs seconded the motion and voice vote reflected unanimous approval. 18 Murrieta Creek Multi-Pumose Trail/TEA Grant ADl~lication RECOMMENDATION: 18.1 Receive a report regarding our City's proposed Transportation Enhancement Act (TEA) Grant application for a Muftieta Creek Multi-Purpose Trail and authorize the Director of Public Works to submit said application on behalf of the City of Temecula. Reviewing the Mumeta Creek Multi-Purpose Trail Project, Director of Public Works Hughes appdsed the Council of the City's efforts to qualify for the Transportation Enhancement Act (TEA) Grant; noted that the plan would be inclusive of bicycle, pedestrian, and equestrian routes; and specified the location of the proposed trails, and the provision of connectivity to the Old Town area, the Commercial area, as well as, the Industrial Park areas the plan would provide. In light of the timeframe of the application due date on November 19, 1999, Councilman Comerchero relayed that it would have been more appropriate to incorporate suggested modifications into the project if it had been presented to the Council at an eadier date; noted that although the project was meritorious, as proposed, he recommended the addition of a bicycle trail from the residential areas (i.e., W~nchester Hills, Rodpaugh) to the sports park, due to the proximity of the sports park to the trail, and to provided access for children bicycling to the park. Noting that the plan appeared to have adequately met the qualifications of the grant, Councilman Roberts advised that the Council approve the proposal at this time, in light of the timeframe for the grant application deadline; relayed the feasibility of a multi-purpose trail along Temecula Creek, noting that there was an area in the proximity of the 1-15 which could provide a tie into the connector to Old Town; recommended that the plan be modified to provide additional access points, and that staff investigate the utilization of dedicated land in the southern area if it was determined that it would be needed for the future enhanced trail plan. In response to the Council's comments. Director of Public Works Hughes advised that the proposed plan would be supplemented with additional connection points; noted that at this point in time, staffs efforts were focused on meeting the cdteria for qualifying for this particular grant; and relayed that the Community Services Department would be conducting additional studies in an attempt to investigate the feasibility of a Citywide trail system, which would be incorporated into this particular project. Relaying concurrence with Councilmen Comerchero and Roberts, Mayor Ford advised that there be provision of additional connectors to the bicycle trails, and the creeks; noted that with the addition of a short route from the Ynez Road area to the Winchester Road area, the Santa R :\Min utes~l 11699 13 Gertrudis Creek could be utilized as a connector, and recommended amending the plan, suggesting that red dotted lines could be added to the proposed plan to denote the previously discussed extensions. For Mayor Ford, Director of Public Works Hughes relayed assurance that the connector routes would be denoted on this particular application. For informational purposes, City Manager Nelson relayed that $70,000 had been included in the Capital Improvement Plan (CIP) for the purpose of funding the trail's master plan, quenjing whether that should be included in this application's proposed plan to demonstrate the City's commitment to provide connectivity and trails within the City of Temecula. MOTION: Councilman Lindemans moved to receive, file, and endorse the proposed plan. Mayor Pro Tern Stone seconded the motion and voice vote reflected unanimous approval. DEPARTMENT REPORT No comments. CITY MANAGER'S REPORT City Manager Nelson noted that at the next regular adjoumed meeting which would be held on Monday, November 22, 1999 at 6:00 P.M. that the election results would be certified, the new Councilmen would be sworn in, and the following appointments would be made: the new Mayor, the Mayor Pro Tem, the President of the Temecula Community Services District, and the Temecula Redevelopment Agency President; and with respect to Mayor Ford, and Councilman Lindemans leaving their seats on the Council, relayed his appreciation for their support; and noted that the legacy that they have left through their accomplishments would provide the City of Temecula with continued benefits. ADJOURNMENT At 9:12 P.M., Mayor Ford formally adjourned the City Council meeting to an adjourned regular meeting on Tuesday, November 22, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:%Minutes\l 11699 14 ITEM 3 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $583,314.40. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 14th day of December 1999. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] Resos99- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 99- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of December 1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk Resos 99- 2 CITY OF TEMECULA LIST OF DEMANDS 12/02/99 TOTAL CHECK RUN: 12/14/99 TOTAL CHECK RUN: TOTAL LIST OF DEMANDS FOR 12/14/99 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERV1CE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ. FUND 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 iNFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 390 TCSD DEBT SERVICE TOTALBY FUND: PREPARED BY JADA YONKER, ACCOUNTING SPECIALIST SHAWN NELSON, CITY MANAGER 326,522.28 256,79212 583,314.40 174,955.51 20,98541 1.192.25 8,391.43 113.49 209,495.27 26,666,18 82,759,80 12,309.60 923.56 2,281.76 5,430.00 $ 583,314 40 $ 583,314.40 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 CiTY OF TEMECULA PA~ 11 12/02/99 12:18 VOUCHER/CHECK REGISTER FOR ALL PERIOOS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOU/MO0 SET ASZDE 190 COMMUNITY SERVICES DXSTRZCT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES FACILITIES 390 TCSD DEBT SERVICE AMOUNT 166,129.27 20,985.41 37,810.1~ 1,192.25 8,391.43 113.49 68,218.09 1,627.48 1,109.80 lZ,309.60 923.56 2,281.76 5,430.00 TOTAL 326,522.28 VOU_CHRE2 CITY OF TENECULA PAGE 1 99 12:18 VOUCHER/CHECK REGISTER FOR ALL pER%00S VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT 11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 26,123.95 11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 613.37 11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 ],871.78 11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 9.08 11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 363.06 11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 36.76 11108 12/01/99 00028] INSTATAX (IRS) 000283 FEDERAL 280-2070 210.79 11108 12/01/99 00028] INSTATAX (IRS) 00028] FEDERAL 300-2070 51.32 11108 12/01/99 000283 INSTATAX (IRS) 00028] FEDERAL 320-2070 1,004.67 11108 12/01/99 00028] INSTATAX (IRS) 000283 FEDERAL 330-2070 135.14 11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 554.00 11108 12/01/99 000283 1NSTATAX (IRS) 000283 MEDICARE 001-2070 5,712.68 11108 12/01/99 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 139.02 11108 12/01/99 000283 INSTATAX (IRS) 00028~ MEDICARE 190-2070 1,105.98 11108 12/01/99 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 2.51 11108 12/01/99 000283 INSTATAX (IRS) 000283 NEDICARE 193-2070 98.08 11108 12/01/99 000283 INSTATAX (IRS) 000285 MEDICARE 194-2070 10.21 11108 12/01/99 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 58.06 11108 12/01/99 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 23.60 11108 12/01/99 000283 %NSTATAX (IRS) 000283 MEDICARE ]20-2070 226.26 11108 12/01/99 000283 ]NSTATAX (IRS) 000283 MEDICARE 330-2070 42.38 °"q8 12/01/99 000283 ]NSTATAX (IRS) 000283 MEDICARE 340-2070 146.18 ~9 12/01/99 000444 INSTATAX (EDD) 000444 SDI 001-2070 49,00 11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 165-2070 2.52 11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 190-2070 46.04 11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 193-2070 1.56 11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 280-2070 ,56 11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 320-2070 15.04 11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 330-2070 1.76 11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 340-2070 4.52 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 001-2070 6,973.82 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 165-2070 173.50 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 190-2070 873.24 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 191-2070 1.58 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 193-2070 66.25 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 194-2070 5.97 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 280-2070 64.55 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 300-2070 16.30 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 320-2070 225.75 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 330-2070 32.33 11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 340-2070 119.91 59346 11/24/99 001159 CALIF DEPT OF JUSTICE 59346 11/24/99 001159 CALIF DEPT OF JUSTICE 59347 11/24/99 000684 DIEHL EVANS & COHPANY 59348 12/01/99 002578 TEMEKU HILLS REC LLC 12/02/99 003157 A M A I/KEYE PROOUCT]VI PROCESSING FEE:EMPLEE PRINTS PROCESSING FEE:EMPLEE PRINTS TAX SEMINAR:12/8/99:P.BROWN 001-150-999-5250 190-180-999-5250 001-140-999-5261 REFRESHMENTS:IO YR CELEBRATION 001-1990 WRITING POLICIES SEM:HP:1/12 190-180-999-5261 42.00 42.00 95.00 5,620.00 149.00 40,540.88 8,674.20 84.00 95.00 5,620.00 149,00 VOUCHRE2 12/02/99 12:18 VOUCHER/ CHECK NUMBER 59352 59353 59353 59354 59355 59355 59356 59356 59357 59358 59358 59359 59360 59361 59362 59363 59363 59363 59364 59365 59366 59367 59368 59369 59370 59371 59372 59372 59372 59373 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERZOOS CHECK VENDOR VENDOR ITEM ACCOUNT DATE NUMBER NAME DESCRIPTION NUMBER lZ/02/99 001700 A PLUS TEACHING NATERIA MISC. SUPPLIES FOR TINY TOTS 190-183-999-5320 12/02/99 000745 A T & T MIRELESS SERVIC NOV CELLULAR PHONE SVCS:P,D, 001-170-999-5208 12/02/99 000745 A T & T MIRELESS SERVIC CELLULAR PHONE SVCS:POLICE DPT 001-170-999-5208 12/02/99 002038 ACTION POOL & SPA SUPPL POOL HAINT,SUPPLIES/EGUIP:CRC 190-180-999-5212 12/02/99 001538 ALBERT GROVER & AGSOCIA OCT PROF.SVCS:SGNL TIME INPROV 001-16~-602-5412 12/02/99 001538 ALBERT OROVER & ASSOCIA TRAF.OPER.ANALYSIS:NWY 79/I-15 001"164-602-5248 12/02/99 ANDERSON, LISA 12/02/99 ANDERSON, LISA 12/02/99 003376 ARTS COUNCIL, THE 12/02/99 0036/,3 BIGSON ELECTRICAL 12/02/99 003643 BIGSON ELECTRICAL 12/02/99 000588 C C A P A 12/02/99 001260 C P R S 12/02/99 003979 CALVARY CHAPEL CHRISTIA 12/02/99 CARRASCO, JOHN 12/02/99 001249 CENTRE FOR ORG EFFECTIV 12/02/99 001249 CENTRE FOR ORG EFFECTIV 12/02/99 001249 CENTRE FOR ORG EFFECTIV 12/02/99 003047 CHAPARRAL HIGH SCHOOL 12/02/99 COLLINS, ELSA 12/02/99 000447 CONTRONZX OF HEMET 12/02/99 003315 COUNTRY REVIEW, THE 12/02/99 001629 CREATIVE HYDROSEED INC 12/02/99 003813 CUSTOM BUILT SOLUTIONS 12/02/99 001716 OANS ROOFING 12/02/99 003006 DEWITT CUSTOM PAINTING 12/02/99 002954 12/02/99 002954 12/02,~9 002954 12/02/99 003610 REFUND:SEC.DEPOSIT/ROOM RENTAL REFUND:SEC.DEPOSIT/ROON RENTAL qST QTR COMM. GRANT FUNDING REPAIR/MAINT.EQUIPMENT:PW SALES TAX LEGISLATIVE WKSHP:12/13:D.H. RECRUIT ADS:DEV.SVCS.ADMIN. TRANSPORTATION FEE:XNAS PARADE REFUND: MUSIC-PLAY BY EAR SEPT*NOV REG.NGMT ACADEMY:TM REG.OFFICE ACAD.:DL:10/26&11/3 REG.OFFICE ACAD.:KS:lO/26&11/3 TRANSPORTATION FEE:XMAS PARADE RFND:EXCURSION-BIRCH AQUARIUM 190'183-4990 190'2900 190-180'999~5286 001'164-601-5215 001-164'601-5215 001-161-999'5261 190-180-999-5254 190'183'999-5370 190-183~4982 001-140'999'5261 001-150-999-5261 280-199-999-5261 190-183-999-5370 190-183-4986 INSTALL DISTANCE MTR ON PW TRK 001-164-601-5214 OLD FASHIONED CHRISTMAS PRGN HYDROSEED ANPITHEATER SLOPE 3 YEAR ON-SITE COMP. WARRANTY RES,IMPROVEMENT PRGM:C.SENTLEY RES,IMPROVEMENT PRGN:L.ORTIZ DIAMOND GARAGE DOOR INC RES,IMPROVENENT PRGM:M,SAUCEDO DIAMOND GARAGE DOOR IMC RES.IMPROVENENT PRGH:R,WILSON DIAMOND GARAGE DOOR INC CREDIT:HOMEOWNER#S PMT PORTION DOMENOE, JiM REINS:PRINTER FOR MALL P.D.STN 280*199-999-5362 190-182-999-5212 320-1970 165'199'813-5804 165-199'813'5804 165'199'813'5804 165'199-813-5804 165'199'813-5804 001-170-999-5604 ITEM AMOUNT 50.44 131.36 17.43 26.93 2,180.00 2,280.00 35.00 100.00 10,000,00 557,10 31.55 55.00 110.50 300.00 25.00 1,750.00 239.00 239.00 300.00 10.00 397.71 250.00 400.00 3,502.00 150.00 1,500.00 760.00 422,00 125.00- 269.36 PAGE 2 CHECK AMOUNT 50.44 148.79 26.93 4,460.00 135.00 10,000.00 588.65 55.00 110.50 25.00 2,228.00 300.00 10.00 397.71 250.00 400.00 3,502.00 150.00 1,500.00 1,057.00 VO~2CHRE2 CITY OF TEMECULA PAGE 5 '99 12:18 VOUCHER/CHECK REGISTER FOR ALL PERKIOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT S9374 12/02/99 001669 DUNN EDWARDS CORPORATiO SUPPLIES FOR GRAFFITI REMOVAL 001-164-601-5218 47,95 47.95 59375 12/02/99 003572 EAGLE AERIAL PHOTOGRAPH CITY~IDE AERIAL PHOTO UPDATE 001-164-604-5250 59375 12/02/99 0035~2 EAGLE AERIAL PHOTOGRAPH FREIGHT 001-164-604-5250 59375 12/02/9{) 003572 EAGLE AERIAL PHOTOGRAPH SALES TAX 001-164-604-5250 1,539.90 75.00 89.12 1,704,02 S9376 12/02/99 002390 EASTERN MUNICIPAL ~ATER BLUEPR]HTS FOR ENGINEERING DPT 210-165-706-5801 17.93 17.93 59377 12/02/99 002060 EUROPEAN DELI& CATERIN REFRESHMENTS:OLD TOWN MTG:11/9 001-161-999-5260 94,86 94.86 59378 12/02/99 003958 EXCEL HARDWARE 59378 12/02/99 003958 EXCEL HARDMARE SUPPLiES:RELOC. MUG. ARTIFACTS 190-185-999-5212 SALES TAX 190-185-999-5212 131.71 10.21 141.92 59379 12/02/99 002037 EXPANETS 52 BUTTON SERIES PHONES (6) 320-199-999-5242 59379 12/02/99 002037 EXPANETS SALES TAX 320-199-~9-5242 1,502,16 113,00 1,615.16 59380 12/02/99 000478 FAST SIGNS OVERLAND BRIDGE BANNERS 210~165-604-5801 59380 12/02/99 000478 FAST SIGNS SALES TAX 210'165-604-5801 59380 12/02/99 000478 FAST SIGNS INSTALL VEH.#/CiTY SEAL:PW VEH 001'163-999'5214 59380 12/02/99 OOO478 FAST SIGNS INSTALL VEH.#/CITY SEAL:PW VEH 001-165'999'5214 679.12 43.91 66.81 (~.80 856.64 ' '~81 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-110-999-5230 1 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-150-999-5230 ,61 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-140-999-5230 59381 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-162-999-5230 59381 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-161-999-5230 59381 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAiL SERVICES 001-162-999-5230 59381 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-165-999-5230 59381 12/02/99 000165 FEDERAL EXPRESS INC CREDIT: BiLLiNG ERROR 001-161-999-5230 14.95 11.73 23.75 113.97 10.12 33,96 10,12 10.12- 208.48 59382 12/02/99 002832 FENCE BUILDERS INSTALL GATES @ DUCK POND 190-180-999-5212 820.00 820.00 59383 12/02/99 003337 FENCE COMPANY, THE RES.iMPROVENENT PRGM:M.KAZEN 165-199-813-5804 59384 12/02/99 0001(~ FIRST AMERICAN TITLE CO LOT BK REPORT:31117 CAMINO VER 165-199-813-5804 59384 lZ/02/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPORT:30163 CUPENO 165-199-813-5804 59384 12/02/99 000166 FIRST AMERICAN TITLE CO LOT BK REPORT:31307 BOCAW CIR. 165-199-813-5804 59384 lZ/02/99 000166 FIRST AMERICAN TITLE CO LOT BK REPORT:31315 BOCAW CIR. 165-199-813-5804 3,200.00 150.00 150.00 150.00 150.00 3,200.00 600.00 59385 12/02/99 003347 FIRST BANKCARD CENTER XX-S288:SJ:SAN JOSE CONF. 001-120-999-5258 59385 12/02/99 003347 FIRST BANKCARD CENTER XX*SZ88:SJ:PROF. MEETING 001-100-999-5260 59385 12/02/99 003347 FIRST BANKCARD CENTER XX-5288:SJ:COWPUTER SVCS 320-199-999-5211 59385 12/02/99 003347 FIRST BANKCARO CENTER XX-5288:SJ:OFFICE SUPPLIES 001-120-999-5220 59385 12/02/99 005547 FIRST BANKCARD CENTER XX-1405:DU:PROF. MEETINGS 001-161-999-5260 59386 12/02/99 000170 FRANKLIN QUEST COMPANY DAY PLANNER SUPPLiES:PLANNING 001-161-999-5220 474,24 79.41 485.26 69.10 63,10 62.84 1,171.11 59387 12/02/99 000795 FRED PRYOR SEMINARS MICROSOFT SEM.~]110325:SW:1/26 001-162-999-5261 59.00 59.00 '~288 12/02/99 000184 G T E CALIFORNIA - PAYM NOV:909-197*OO74:GENERAL USAGE 320-199-999-5208 255.06 B 12/02/99 000184 G T E CALIFORNIA - PAYM NOV:909-506-2626:TEM.P.D. 001-170-999-5229 336.96 VOUCHRE2 CZTY OF TENECULA PAGE 5 '99 12:18 VOUCHER/CHECK REGISTER FOR ALL PERICX)$ VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 59408 12/02/99 000220 MAURICE PRINTERS INC SALES TAX 001-140-999-5222 3.10 59408 12/02/99 000220 MAURICE PRINTERS INC BLANK PAPER SUPPLY FOR CAFR 001-140-999-5222 131.00 59408 12/02/99 000220 MAURICE PRINTERS INC SALES TAX 001-140-999-5222 10,15 59408 12/02/99 000220 MAURICE PRINTERS INC 6/30/99 CAFR COVERS AND BACKS 001-140-999-5222 841.00 59408 12/02/99 000220 MAURICE PRINTERS INC SALES TAX 001-140-999-5222 65.18 59408 12/02/99 000220 MAURICE PRINTERS INC CAFR DIVIDER TABS 001-140-999-5222 986.00 59408 12/02/99 000220 MAURICE PRINTERS ]NC SALES TAX 001-140-999-5222 76.42 2,152.85 59409 12/02/99 000843 MCDANIEL ENGINEERING OCT PROF SVCS:PALA RD BRIDGE 210-165-631-5802 714.48 714.48 59410 12/02/99 001384 MINUTEMAN PRESS QTY 5000 WINDC)~ ENVELOPES 001-140-999-5222 262.22 59410 12/02/99 001384 MINUTEMAN PRESS SALES TAX 001-140-999-5222 20.32 282.54 59411 12/02/99 000230 MUNXFINANCIAL ARBITRAGE REBATE SVCS:TCSD 390-199-999-5248 1,250.00 1,250.00 59412 12/02/99 003039 MURRIETA VALLEY HIGH SC TRANSPORTATION FEE:XMAS PARADE 190-183-999-5370 300.00 300.00 59413 12/02/99 003139 NATIONAL COMMUNICATIONS INSTALL ANTENNAS:CRC/STN #84 320-199-999-5250 685.00 59413 12/02/99 003139 NATIONAL COMMUNICATIONS CABLE INSTALL @ SR CTR/STN #84 320-199-999-5250 1,520.00 2,205.00 59414 12/02/99 NATIONAL INFORMATION DA ZIP CODE DIRECTORY:TEM.P.D. 001-170-999-5228 46.90 46.90 12/02/99 001584 NEWPORT PRINTING SYSTEM QTY 350 W-2 FORMS #X41 001-140-999-5222 86.57 .j 12/02/99 001584 NEWPORT PRINTING SYSTEM QTY 150 W-2 ENVELOPES ~A)W2 001-140-999-5222 26.30 59415 12/02/99 001584 NEWPORT PRINTING SYSTEM QTY 250 1099 FORMS #TCM4 001-140-999-5222 58.98 59415 12/02/99 001584 NEWPORT PRINTING SYSTEM QTY 250 1099 ENVELOPES #DW19 001-140-999-5222 30.25 59415 12/02/99 001584 NEWPORT PRINTING SYSTEM FREIGHT 001-140-999-5222 10.00 59415 12/02/99 001584 NEWPORT PRINTING SYSTEM SALES TAX 001-140-999-5222 15.66 227.76 59416 12/02/99 002139 NORTH COUNTY TIMES - AT DISPLAY ADS:CIP CONST.UPDATES 001-165-999-5256 472.26 59416 12/02/99 002139 NORTH COUNTY TIMES - AT DISPLAY ADS:HALLOWEEN SPKTCLR 190-180-999-5254 177,07 59416 12/02/99 002139 NORTH COUNTY TIMES - AT DISPLAY ADS:HALLOWEEN SPKTCLR 190-180-999-5254 88,53 59416 12/02/99 002139 NORTH COUNTY TIMES - AT DISPLAY ADS:RDA ADVISORY COMM. 001-120-999-5254 160.68 898.54 59417 12/02/99 001710 NOVELL INC SUBSCRIPTION:APPNOTES:T.HAFELI 320-199-999-5228 89.00 89,00 59418 12/02/99 002292 OASIS VENDING KITCHEN SUPPLY/SERVICE:CITY HL 340-199-701-5250 515.92 515.92 59419 12/02/9<2 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & NL~INT 001-164-601-5214 96.64 59419 12/02/99 002105 OLD TC~4N TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 746.69 59419 12/02/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 95.92 939.25 59420 12/02/99 002668 OMEGA LAKE SERVICES DEC MAINT.SVCS:TEM.DUCK POND 190-180-999-5212 800.00 800.00 59421 12/02/99 003944 C~4NI CONCEPTS REPAIR/MAINT.SUPPLIES:CRC 190-182-999-5212 27.15 27.15 59422 12/02/99 002344 OSVOLD, HEIDA REINB:ICBO CERTIFICATION FEE 001-162-999-5261 170.00 170.00 59423 12/02/99 000667 P A P A PAPA CONF:I/20/OO:K.HARRZNGTON 190-180-999-5261 55.00 5Q~.73 12/02/99 000667 P A P A ANNUAL MEMBERSHIP:HARRINGTON 190-180-999-5226 27.00 82.00 VOUCHRE2 12/02/99 12:18 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS pAGr~ 6 VOUCHER/ CHECK CHECN VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 59424 12/02/99 003735 PACIFIC SELL SALES TAX ON 2 CELL PHONES 320-199-999-5242 23.10 23.10 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-100-999-5208 386.29 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-110-999-5208 178.98 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-150-999-5208 89.89 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-163-999-5208 655.96 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-164-601-5208 163.78 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-164-604-5208 57.45 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-165-999-5208 7'56.82 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-161-999-5208 110.53 59425 12/02/99 003021 PACIFIC BELL NONILE SER NOV CELLULAR PHONE SERVICES 001-162-999-5208 997.88 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 280-199-999-5208 138.02 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-120-999-5208 118.94 59425 12/02/99 003021 PACIFIC BELL MONILE SER NOV CELLULAR PHONE SERVICES 001-140-999-5208 54.54 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 190-180-999-5208 516.44 59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PRONE SERVICES 320-199-999-5208 296.85 4,502.37 59426 12/02/99 003510 PALOMA VALLEY HIGH SCHO TRANSPORTATION FEE:XNAS PARADE 190-183-999-5370 300.00 300.00 59427 12/02/99 003218 PELA OCT PLAN CHECK SVCS:PLANNZNG 001-161-999'5250 10,860.00 10,860.00 59428 12/02/99 002331 PEP BOYS INC MISC.SUPPLIES FOR PW MAINT.CRW 001-164-601-5218 32.31 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 59429 12/02/99 000246 PERS (EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES# RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS :EMPLOYEES' RETIRE PERS :EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES# RETIRE PERS (EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEESI RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEESf RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE 000246 PERS RET 001-2390 24,964.05 000246 PERS RET 165-2390 678.42 000246 PERS RET 190-2390 3,950.51 000246 PERS RET 191-2390 12.71 000246 PERS RET 193-2390 429.09 000246 PERS RET 194-2390 51.91 000246 PERS RET 280-2390 293.48 000246 PERS RET 300-2390 128.77 000246 PERS RET 320-2390 688.73 000246 PERS RET 330-2390 147.67 000246 PERS RET 340-2390 509.43 000246 PERS-PRE 001-2130 186.31 000246 PERS-PRE 190-2130 11.24 000246 PERS-PRE 191-2130 2.81 000246 PERS-PRE 193-2130 33.72 000246 PERS-PRE 194-2130 8.42 000246 SURVIVOR 001-2390 82.54 000246 SURVIVOR 165-2390 1.87 000246 SURVIVOR 190-2390 15.05 000246 SURVIVOR 191-2390 .05 000246 SURVIVOR 193-2390 1.80 000246 SURVIVOR 194-2390 ,22 000246 SURVIVOR 280-2390 .92 000246 SURVIVOR 300-2390 .46 000246 SURVIVOR 320-2390 1.86 000246 SURVIVOR 330-2390 .93 000246 SURVIVOR 340-2390 2.18 3Z,Zr ~ V~CHRE2 CITY OF TEMECULA PAGE 7 '99 12:18 VOUCHER/CHECK REGISTER FOR ALL PERIQOS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 59430 12/02/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180*999-5260 PETTY CASH PETTY CASH REIMBURSEMENT 190-2920 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5242 PETTY CASH PETTY CASH REIMBURSEMENT 001-2175 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 PETTY CASH PETTY CASH REIMBURSEMENT 190-18~-999-5320 PETTY CASH PETTY CASH REIMBURSEMENT 001-2640 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5220 PETTY CASH PETTY CASH REIMBURSEMENT 190-185-999-5220 PETTY CASH PETTY CASH REIMBURSEMENT 190-185-999-5220 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5262 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 PETTY CASH PETTY CASH REIMBURSEMENT 190-1990 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 PETTY CASH PETTY CASH REIMBURSEMENT 001-2175 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 PETTY CASH PETTY CASH REIMBURSEMENT 190-182-999-5212 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 I~/02/99 003831 PHILLIPS COMPANY, THE ASSORTED DISPLAY BOXES: MUSEUM 190-185-999-5250 59432 12/02/99 000254 PRESS ENTERPRISE CUMPAN PUBLIC NOTICE: PA98-0481 001-120-999-5256 59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0284 001-120-999-5256 59432 12/02/99 000254 PRESS ENTERPRISE CUMPAN PUBLIC NOTICE: PA99-0348 001-161-999-5256 59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PH 355 001'120°999-5256 59432 12/02/99 000254 PRESS ENTERPRISE CUMPAN PUBLIC NOTICE:PA99-0271 001-161-999-5256 59432 12/02/99 000254 PRESS ENTERPRISE CUMPAN PUBLIC NOTICE: PA99-0438 001-161-999-5256 59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE:PASEO DEL SOL 001-120-999-5256 59432 12/02/99 000254 PRESS ENTERPRISE CUMPAN PUBLIC NOTICE: HIRAM HILL 001-120o999-5256 59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0285 001-120-999-5256 59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0273 001-120-999-5256 59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: ORD.#99-E7 001-120-999-5256 59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0243 001-161-999-5256 10.00 13,99 18.89 27.21 50.00 29.50 49.44 4.29 10.76 34,48 32.27 7.00 35.25 31.94 16.49 21.40 16,26 8.30 30.62 16.95 2,380.00 25.25 22.25 19.50 16.75 21.25 20.25 6.50 7.75 15.00 6.75 9.00 25.50 480.04 2,380.00 195.75 59433 12/02/99 002776 PRIME MATRIX INC OCT CELLULAR PHONE SVCS:KL 001-100-999-5208 59433 12/02/99 002776 PRIME MATRIX INC OCT:5001377:SR VAN 190-180-999-5208 59433 12/02/99 002776 PRIME MATRIX INC OCT:5OO2330:CITY VAN 190-180-999-5208 34.50 39.85 25.35 99.70 59434 12/02/99 003621 Q WEST L C I INTL TELEC OCT LONG DISTANCE SVCS:CITY HL 320-199-999-5208 8.26 8.26 59435 12/02/99 003308 R D 0 RENTAL COMPANY MISC. RENTAL EQUIPMENT:PW 001-164-601-5238 782.27 782.27 59436 12/02/99 000981 R H F INC RADAR EQUIP REPAIR & HAINT 001-170-999-5215 103.06 103.06 59437 12/02/99 000728 RAMSEY BACKFLOU & PLUMB BACKFLOW DEVICE TESTING/REPAIR 193-180-999-5212 59437 IZ/02/99 000728 RAMSEY BACKFLOW & PLUMB BACKFLOW DEVICE TESTING/REPAIR 193-180-999-5212 30,00 30.00 60,00 12/02/99 000947 RANCHO BELL BLUEPRINT C MISC. SUPPLIES FOR PW ADMIN 001-164-604-5268 3.23 VOUCHRE2 CITY OF TENECULA PAGE~8 12/02/g9 12:18 VOUCHER/CHECK REGISTER FOR ALL PERIO)S VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT iTEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 59438 12/02/99 000947 RANCHO BELL BLUEPRINT C REPAIR LEVEL SURVEY EGUIP:CIP 001-165-999-5215 30.00 33.23 59439 12/02/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 190-180-999-5240 1,~1.41 59439 12/02/99 000262 RANCNO CALIF ~TER O1ST VARIOUS WATER METERS 191-180-999-5240 55.85 59439 12/02/99 000262 RANCNO CALIF WATER DIST VARIOUS WATER METERS 193-180-999-5240 6,369.91 59440 12/02/99 RANCHO-TENECULA AREA WO RFND:BANNER PERMIT:LD99-OOBSE 001-163-4380 50.00 8,107.17 50.00 59441 12/02/99 REEVESe MICHAEL C. TTEE REFUND: ENG.DEPOSIT:LD98'132GR 001-2670 995.00 59442 I?/02/99 000955 RIVERSIDE CO SHERIFF BI JUL BIKE PATROL SVCS 001-170-999-5326 3,500.25 3,500.25 594/+3 12/02/99 000406 RIVERSIDE CO SHERIFFS D CAL-ID FY 99-00 ASSESSMENT 001-170-999-5284 35,378.00 35,378.00 59444 12/02/99 002181 RIVERSIDE CONSTRUCTION OCT PRGS PMT~8:HARG/OVRLD:9707 210-165-681-580~ 17,724.44 59444 12/02/99 002181 RIVERSlOE CONSTRUCTION OCT C/O PMT#8:NARG/OVRLD:97-07 210-165-681-5804 27,160.00 59444 12/02/99 002181 RIVERSIDE CONSTRUCTION OCT C/O PMT~:MARG/OVRLD:97-07 210-165-~1-5804 7,515.00- 59444 12/02/99 002181 RIVERSIDE CONSTRUCT]ON RET.W/H PMT~:MARG/OVRLD:97-07 210-2035 3,7~6.94- 59444 12/02/99 002181 RIVERSIDE CONSTRUCTION OCT C/O PMT#B:WINCH/YNEZ:97-06 210-163-683-5804 8,335.13 59444 12/02/99 002181 RIVERSIDE CONSTRUCTION RET.W/H PMT#8:WINCH/YNEZ:97-06 210-2035 833.51- 59444 12/02/99 002181 RIVERSlOE CONSTRUCTION OCT PRGS PMT#22:R.C./I-15:9512 210-165-601-5804 750.00 59444 12/02/99 002181 RIVERSIDE CONSTRUCTION RET.W/R PNT#22:R.C./I-15:95-12 210-2035 37.50- 59444 12/02/99 002181 RIVERSIDE CONSTRUCTION APPLIED CREDIT ON INV# 990912 210-165-681-5804 7,515.00 59444 12/02/99 002181 RIVERSIDE CONSTRUCTION REVERSE RETENTION 210-2035 751.50- 48,6, 59445 12/02/99 003282 RIVERSIDE CONSTRUCTION- RETENTION TO ESCR~ ACCT 210-1035 37.50 37.50 59446 12/02/99 003743 ROBERT BYRD CONSTRUCTIO EC DEV ROOM RENOVATION CM AREA 001-111-999-5269 1,091.20 59446 12/02/99 003743 ROBERT BYRD CONSTRUCTIO EC DEV ROOM RENOVATION CM AREA 001-110-999-5601 668.80 59446 12/02/99 003743 ROBERT BYRD CONSTRUCTIO CONSTRUCT STORAGE CABINET CM 001-111-999-5269 620.47 59446 12/02/99 003743 ROBERT BYRD CONSTRUCTIO CONSTRUCT STORAGE CABINET CM 001-110-999-5601 380.28 59446 12/02/99 003743 ROBERT BYRD CONSTRUCTIO CREDIT:PENDING PURCHASE ORDER 001-111-999-5269 93.00- 59446 12/02/99 003743 ROBERT BYRD CORSTRUCTIO CREDIT:PENDING PURCHASE ORDER 001-110-999-5601 57.00- 2,610.75 59447 12/02/99 003001 ROSS FENCE COMPANY RES.IMPROVEMENT PRGM:R.NE~NAN 165-199-813-5804 4,290.00 4,290.00 59448 12/02/99 SALNI, SINA D. REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 59449 12/02/99 003843 SCREEN DOCTOR, THE RES.INPROVEMENT PRGN:NIDDLETOR 165-t99-813-5804 37q9.71 379.71 59450 12/02/99 002384 SECURE BUSINESS CONMUNI AUOIO/VIDEO MAINTENANCE 320-199-999-5250 600.00 600.00 59451 12/02/99 003506 SHIVELA MIDDLE SCHOOL B TRANSPORTATION FEE:XNAS PARADE 190-183-999-5370 200.00 ZO0.O0 59452 12/02/99 000645 SMART & FINAL INC NISC. SUPPLIES:SPECIAL EVENTS 190-183-999-5370 30.83 30.83 59453 12/02/99 000537 SO CALIF EDISON NOV:2-11-OO7-O455:6TN ST 001-16~-603-5240 354.69 59453 12/02/99 000537 SO CALIF EDISON NOV:Z-14-204-1615:FRON ST RDIO 340-199-701-5240 18.37 59453 12/02/99 000537 SO CALIF EDISON NOV:2-19-18A-1824:R.C. TC1 191-180-999-5319 163.51 59453 12/02/99 000537 SO CALIF EDISON NOV:2-19-525-2143:RNBW CYN TCl 191-180-999-5319 107.26 59453 12/02/99 000537 So CALIF EDISON NOV:2-18-937-3152:NORENO RD 190-185-999-5240 402.67 VQU~CCHRE2 CITY OF TEMECULA PAGE 9 '99 12:18 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 59453 12/02/99 000537 SO CALIF EDISON NOV:Z-19-111-4834:BEDFORD CT. 191-180-999-5319 75.76 59453 12/02/99 000537 SO CALIF EDISON NOV:2-O2-351-4946:SENIOR CTR 190-181-999-5240 722.81 59453 12/02/99 000537 SO CALIF EOISON NOV:2-OO-397-5067:VARIOUS MTRS 191-180-999-5240 14.26 59453 12/02/99 000537 SO CALIF EDISON NOV:2-OOo397-5067:VARIOUS MTRS 193-180-999-5240 814.14 59453 12/02/99 000537 SO CALIF EOISON NOV:Z-18-348-6315:NARG.RD.TC1 191-180-999-5319 106.68 59453 12/02/99 000537 SO CALIF EDISON NOV:Z-18-O49-6416:FRONT ST PED 001-164-603-5319 259.38 59453 12/02/99 000537 SO CALIF EDISON NOV:Z-19-321-6512:HWY 79 191-180-999-5319 144.28 59453 12/02/99 000537 SO CALIF EDISON NOV:2-18-SSS-7006:NORENO RD 191-180-999-5319 118.02 59453 12/02/99 000537 SO CALIF EDISON NOV:Z-18-799-7911:MORENO RD 191-180-999-5319 75.40 59453 12/02/99 000537 SO CALIF EDISON NOV:2-20-347-8409:MCCABE/TMS 190-180-999-5240 5,525.23 59453 12/02/99 000537 S0 CALIF EDISON NOV:Z-19-171-8568:WED.CHAPEL 190-185-999-5240 40.43 59453 12/02/99 000537 SO CALIF EDISON NOV:2-19-999-9442:VARIOUS MTRS 191-180-999-5319 302.49 59453 12/02/99 000537 SO CALIF EDISON NOV:2-19-999-9442:VARIOUS MTRS 193-180-999-5240 13.82 9,259.20 59454 12/02/99 000519 SOUTH COUNTY PEST CONTR NOV PEST CONTROL SVC:MAINT.FAC 340-199-702-5250 40.00 40.00 59455 12/02/99 000574 SUPERTONER NOV LASER PRINTER MAINTENANCE 320-199-999-5215 625.00 59455 12/02/99 000574 SUPERTONER HP TONER SUPPLIES 320-199-999-5221 281.83 906.83 59456 12/02/99 003449 T H E SOILS COMPANY SEP GEOTECH.SVCS:MARG/OVERLAND 210-165-681-5804 1,858.00 59456 12/02/99 003449 T H E SOILS COMPANY NOV PROF SVCS:WINCH/YNEZ:97-06 210-165-683-5804 850.00 2,708.00 12/02/99 003599 T Y LIN INTERNATIONAL OCT CONSTR.SUPPORT SVCS:OVRLND 210-165-604-5804 300.00 59458 12/02/99 003770 TAC PROFESSIONAL STAFFI TEMP HELP W/E 10/30 BRAGG 001-165-999~5118 907.20 59459 12/02/99 000305 TARGET STORE MISC. SUPPLiES:SPECIAL EVENTS 190-183-999-5370 78.74 300.00 907.20 78.74 59460 12/02/99 001672 TEMECULA DRAIN SERV & P T.V. MUSEUM PLUMBING SERVICE 190-185-999-5212 52.00 52.00 59461 12/02/99 000307 TEMECULA TROPHY COMPANY RETIREMENT PLAQUE:A.CRISP 001-163-999-5250 110.12 59461 12/02/99 000307 TEMECULA TROPHY COMPANY RECOGNITION PLAQUE:A.CRISP 001-150-999-5265 161.19 271.31 59462 12/02/99 000311 TEMECULA VALLEY HIGH SC TRANSPORTATION FEE:XMAS PARADE 190-183-999-5370 300.00 300.00 59463 12/02/99 TERRANOVA, LISA REFUND: ART/CRAFTS*CARTOONING 190-183-4982 20.00 20.00 59464 12/02/99 003545 THINK JACOBSON & ROTH C/O #1 PNT:DESIGN SVCS:MUSEUM 210-190-808-5804 7,250.00 7,250.00 59465 12/02/99 002766 THOMAS BROTHERS MAPS ANNUAL DATABASE LICENSE AGRMNT 001-161-610~5250 2,693.75 2,693.75 59466 12/02/99 003508 THOMPSON MIDDLE SCHOOL TRANSPORTATION FEE:XMAS PARADE 190-183-999-5370 200.00 200.00 59467 12/02/99 001483 TOM DODSON & ASSOCIATES OCT CONSULTING SVCS:IST ST BRG 280-199-807-5804 372.10 372.10 59468 12/02/99 003858 TOM RONEY ROOFING RES.IMPROVEMENT PRGM:B.KIZIK 165-199-813-5804 5,000.00 5,000.00 59469 12/02/99 003507 TOMAS RIVERA MIDDLE SCH TRANSPORTATION FEE:XMAS PARADE 190-183-999-5370 200.00 200.00 ~Q/-70 1Z/)2/99 003539 TOP GUN PAINTING RES.IMPROVEMENT PRGM:L.JIMENEZ 165-199-813-5804 1,800.00 1,800.00 VDUCHRE2 12/02/99 VOUCHER/ CHECIC NUMBER 59471 59472 59473 59473 5967~ 5947~ 59475 59476 59~77 12:18 CHECK DATE 12/02/99 12/02/99 12/02/99 12/02/99 12/02/99 12/02/99 12/02/99 12/02/99 12/02/99 12/02/99 12/02/99 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIOUS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 003228 U S 8ANK TRUST NATIONAL ANNUAL TRUSTEE ADMIN FEES:TCSD 001342 WAXZE SANITARY SUPPLY I CITY HALL MAINTENANCE SUPPLIES 001342 WAXIE SANITARY SUPPLY I CRC MAINTENANCE SUPPLIES 003730 WEST COAST ARBORISTS IN OCT CITYWIDE TREE TRIMMING SVC 003730 WEST COAST ARBORISTS IN TREE TRIMMING SVCS:SADDLEWO00 003730 WEST COAST ARBOR%STS IN TREE TRIMMING SVCS:VINEYARDS 003756 WHITE HOUSE SANITATION NOV RESTRC)C3N MAINT:BUTTERF[ELD 000345 XEROX CORPORATION BILL% OCT BASE CHARGE: 5343 COPIER 000345 XEROX CORPORATION BILLI OCT BASE CHRG:DC20 COPIER 003973 YATES & ASSOCIATES OCT LEGAL SERVICES 000348 ZIGLER~ GAIL ACCOUNT NUMBER 390-199-999-5227 190-182-999-5212 001-16/,-601-5402 193-180-999-5415 193-180-999-5415 190-180-999-5250 330-199-999-5217 001-171-999-5215 300-199-~99-5246 REIMB:CITY'S 10 YR CELEBRATION 001-100-999-5270 iTEM AMOUNT 4,180.00 209.25 266.54 7,107.00 112.00 28.00 50.00 242.77 148.70 887.35 84.83 PAG.E.~IO CHECK AMOUNT 7,247.00 50.OO 391.47 887.35 84.83 TOTAL CHECKS 326,522.28 VOIlCHRE2 CiTY OF TEMECULA PAGE 2 · 99 15:04 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 210 CAPITAL ZNPROVEMENT PROJ FUND 280 REDEVELOPRENT AGENCY - CIP INSURARCE FUND AMOUNT 8,826.24 141,277.18 25,038.70 81,650.00 TOTAL 256,792.12 VOUCHRE2 CITY OF TEMECULA PAc=- 1 12/02/99 15:04 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 59480 59481 59481 59481 59481 59482 59482 59482 59482 59483 59483 59484 59485 CHECX VENDOR VENDOR ITEM ACCOUNT DATE NUMBER NAME DESCRIPTION NUMBER 12/14/99 12/14/99 12114199 12/14/99 12/14/99 12/14/99 1Z/14/99 12/14/99 12/14/99 12/14/99 12/14/99 12/14/99 12/14/99 000128 CAL SURANCE ASSOCIATES RENEW ANN'L LIABILITY INS:C.H. 300-1655 003659 J K WEIGLE ENGINEERING REPLACE STREET SIGNS:CITYWiDE 210-165-613-5804 003659 J N WEIGLE ENGINEERING RET.W/H PMT#1:ST,SIGNS:98-18 210-2035 003659 J K WEIGLE ENGINEERING CREDIT:EXCEEDS CONTRACT AMOUNT 210-165-613-5804 003659 J K WEIGLE ENGINEERING REVERSE RETENTION 210-2035 000944 MCCAIN TRAFFIC SUPPLY I TRF.SGNL POLE/CNTRL:MARG/PAUBA 000944 NCCAIN TRAFFIC SUPPLY I SALES TAX 000944 NCCAIN TRAFFIC SUPPLY I TRF,SGNL POLES:MARG/PIO PICO 000944 MCCAIN TRAFFIC SUPPLY I SALES TAX 210-165-699-5804 210-165-699-5804 210-165-700-5804 210-165-700-5804 002993 PARSONS BRINCKERHOFF QU DESIGN SVCS:R.C./I15 OFF RAMP 001-165-999-5248 002993 PARSONS BRINCKERHOFF QU JUN*AUG DESIGN SVCS:WINCN.RAMP 210-165-697-5802 003829 SAFEWAY SIGN COMPANy MFG FRaY SIGN FOR OLD TO~N 280-199-829-5804 003545 THINK JACOBSON & ROTH DESIGN SERVICES:TEN.MUSEUM 210-190-808-5804 ITEM AMOUNT 81,650.00 40,611.30 4,061.13' .01 7,884.60 611.06 7,199.96 558.00 8,826.24 59,887.52 25,038.70 28,586.00 CHECK AMOUNT 81,650.00 36,550.04 16,253.62 68,713.76 25,038.70 28,586.00 TOTAL CHECKS 256,792112 ITEM 4 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberrs, Director of Finance December 7, 1999 Financial Statements for the Three Months Ended September 30, 1999 PREPARED BY: Tim McDermott, Assistant Finance Director William B, Pattison, Senior Accountant ~/! RECOMMENDATION: That the City Council receive and file the Financial Statements for the Three Months Ended September 30, 1999. DISCUSSION: The attached financial statements reflect the unaudited activity of the City for the three months ended September 30, 1999. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1999 Combining Balance Sheet (Internal Service Funds) as of September 30, 1999 Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) for the Three Months Ended September 30, 1999 Combining Balance Sheet (Community Facilities Districts) as of September 30, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance (Community Facilities Districts) for the Three Months Ended September 30, 1999 CITY OF TEMECULA Combining Balance Sheet as of September 30, 1999 and the Statements of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 1999 and the Statement of Revenues, Expenses and Changes in Retained Earnings For The Three Months Ended September 30, 1999 (Unaudited) Prepared by the Finance Department City of Temeeula CombinlnE Balance Sheet As of September 30, 1999 General Gas Tax R.C. Reimb Dev Impact CDBG Fund Fund Dislxict Fund Fund Assets: Cash and investments S 12,786,271 S 187,392 $ 6,436,753 Receivables 3,028,839 $ 80,392 136,629 Due from other funds 4,937 40,362 Advancea to other funds 1,187,081 Land held for resale 530,401 Total assets Liebilities and fund balances: Liabilities: Due to other funds Other current liabilities Defen~d revenue 100 17,537,529 $ 80,392 $ lg7,392 $ 6,613,744 $ 100 S 100 17,770 3,782,285 268,910 Total liabilities 4,068,965 1 O0 Fund balances: Reserved Designated Undesignated Total fired balances Total liabilities and fund balances 2,766,078 7,663,019 $ 80,392 3,039,467 187,392 $ 6,613,744 13,468,564 80,392 187,392 6,613,744 $ 17,537,529 $ 80,392 $ 187,392 $ 6,613,744 $ 100 Please note that these balances are unaudited City of Temecula Col~binin~ Balaftc~ Sheet As of Seplember 30, 1999 Cash and investments Receivables Due from other funds Advance~ to other funds Land held for resale Total sssets Liabilities and fund balnnces: Liabilities: Du~ to oth~ funds ~ ~utr~at liabilities I~f~ted revenu~ Total liabilities MargP, d 2766 M~asure *A" CIP Rdm Dist Fmld Fund Fund Fund Total 60,601 $ 2,177,834 $ g,475,738 $ 30,124,689 13,525 159,205 2,112,429 5,531,019 45;.99 1,1g7,0gl 530,401 74,126 $ 2,337,039 $ 10,588,167 $ 37,413,489 $ 40,362 $ 58,132 47;.17 $ 5,263,396 9,092,998 268,910 47,217 5;.63,396 40,362 9,420,040 Fund balances: Rescrged Designated UndesiEna~d Total fund balances Total liabilities and fund balances 8,806,635 11,572,713 74,126 2;.89,822 (3,481,364) 13,426,631 (40,362~ 2,999,105 74,126 2,289,822 5,324,771 {40,362.) 27,998,449 $ 74,126 $ 2,337,039 $ 10,588,167 $ 37,418,489 Please note that th~se balances are unaudited City of Temccula Statement of Revenues, ~Expenditures and Changes in Fund Balance - Budget and Actual ~ Fund '~',r the Three Months Ended Septemb~ 30, 1999 Sales tax $ 12,487,000 $ 3,017,018 Developmental services: Planning 409,000 150,480 Building &safety 1,762,500 649,190 Engjneenng 1,200,000 870,667 Fire plan ch~k and respection 220,000 129,2.88 Cn-ants 103,600 56,421 AB3229 (COPS) 106,000 108,643 Motor vehicle in lieu 2,127,000 604,975 P~ tax 1300,600 38,071 Properly Iransfer tax 295,000 35,202 Franchise fe~s 1,311,500 201,183 Transient occupancy ~ 1,036,000 284,930 Reimbursements 110,037 Reimbursements from TCSD 162,000 40,500 Reimbursements from RDA 125,000 31,250 Reimbursements from CIP 1,553,000 239,482 Investment interest 925,000 295,857 Bu.(mess licenses lgS,000 18,946 Vehicle code frees 170,000 89,944 scellaneous 35,000 10,235 .ds &proposals 20,000 2,644 Parking citations/impound fees 107,500 2 1,510 Operating transfers in 881,100 149,225 Total Revenues $ 26,521,800 $ 7,155,698 Percent of Budget 24% 37% (l) 37% (1) 73% (1) 59% (1) 54% (2) 102% (3) 28% 3% (4) 12% (5) 15% (6) 28% (7) 25% 25% 15% (8) 32% 10% (9) 53% (10) 29% 13% 20% 17% 27% Ci~ of Tesaec~a Slaunnent of Revenues, Expenditures and Changes in Fund Balance - Bratget and Actual Gas Tax Fund For the Three Months Ended Septt~nber 30, 1999 Section 2105~2107 Total Revenues Expenditures: Opetsting transfers out Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1999 Ending Fund Balance, September 30, 1999 Ann~ Amended YTD BudSet Activity $ 876,600 $ 228,531 4,500 1,086 881,100 229,617 881,100 149,225 80,392 S S 80,392 Total Activity $ 228,531 1,086 229,617 149,225 Pe~ent of Budget 26% 24% 26% 17% 5 CityofTengeula S~t of Reveaxu~, Expenditures and Changes in Fund Balan~ - Budget and Actual Rancho Califonua Road Reimbutmxxeat DisUict For the Thf~ Months Ended Sept~nber 30, 1999 Inveslment interest A~nu~ ~ YTD Bud~e~ Activity Total AcU~ity P~mx~ut of Budffet Revanu~ Over/COurier) Ex'lgnditures Be~inninE Fund Balance, July 1, 1999 Ending Fund Balance, September 30, 1999 $ 187,392 187,392 187,392 $ 187,392 City of Ternecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund cor the Three Months Ended September 30, 1999 Annual Amended YTD Budget Activity Public facilities $ 30,000 $ 294,348 Quimby 202~600 61,556 Street improvements 2~450,000 244,869 Traffic signals 420,900 51.176 Parks 1,004,700 365,463 Corporate facilities 296,800 80,965 Fire protection 731700 20,282 Library 217,400 73,669 Investment interest 75,427 Total Revenues 4,696, 100 1267,755 Expenditures: Operating transfers out 9,091,135 Encumbrance Total Activity $ 294,348 61,556 244,869 51,176 365,463 80,965 20,282 73,669 75,427 1,267,755 981% (I) 30% I0% (I) 12% 36% 27% 28% 34% 27% (2) Revenues Over/(Under) Expenditures (4,395,035) 1,267,755 ginning Fund Balance, July I, 1999 5,345,989 5345,989 Ending Fund Balance, September 30, 1999 $ 950~954 $ 6.613~744 Notes: (1) The variance is due to RSA and park fees that were required to be collected on a project. These fees were budgeted under the current development impact fee structure. (2) The variance in operating transfers out is due to the timing of when D1F funded CIP projects are started and costs are incurred. City of Tcmccuin St~t~z~lt ofRev~lu~, Expenditttres and Cha~es in Fund Balance - Budget and Actual Community Development Block Grant For ~he Three Month~ Endai Sept~nber 30, 1999 Annual Amended YTD Total Budget Activity Encumbr. Activit~ Grunt revenue $ ~56,600 Total Revenue~ 556,600 ExpendiUu~: Other outsid~ serfices 42,750 Operating Uansfers out 513,850 Total Expenditures 556,600 Revenues Over/(Undet) Expenditures Beginning Fund Balnnce, July 1, 1999 Ending Fund Balance, September 30, 1999 $ (1) The variance is due to the Pujol Street Sidewalk, Senior Center Ex'pan~ion, and Spor~ Park Tot Lot Upgrade projects not starting during the fffst quarter. Percent of Budget (i) (1) City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and A~tual AB 2766 Fund ~-- - she Three Months Ended September 30, 1999 Ann~ Amended YTD Budget Activity AB2766 $ 95,500 $ 13,0% Investment interest 1,226 Total Revenues 95,500 14,302 Expenditures: Operating transfers out 257,500 Total Expenditures 257,500 Revenues Over/(Under) Expenditures (162,000) 14,302 Beginning Fund Balance, July 1, 1999 59,824 59,824 Ending Fund Balance, September 30, 1999 $ ~102,176~ $ 74,126 Encumbr. Total $ 13,076 1226 14,302 Percent of Budget 14% (1) 15% (1) The variance in the AB2766 revenue is du~ to supplemental funding awarded to shc city that will bc received after the related project costs are cemplctc. 9 City of Ternecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 1999 Annual Amended YTD Budget Activity Measure "A" $ 1,101,400 $ 399,850 Investment interest 26,407 Total Revenues I, I 01,400 426,257 Expenditures: Debt service - principal 368,415 91,823 Debt service - interest 198,081 49.826 Operating transfers out 1,768,055 Total Expenditures 2,334,551 141,649 Revenues Over/(Undcr) Expenditures (1,233,151) 284,608 Beginning Fund Balance, July 1, 1999 2,005,214 2,005,214 Ending Fund Balance, September 30, 1999 $ 772,063 $ 2,289,822 Encumbr. Total Activity $ 399,850 26.407 426.257 9~.823 49,826 141,649 Percent of Budget 36% 39% 25% 25% 6% l0 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund %r the Three Months Ended September 30, 1999 Revenues:(l) Annual Amended YTD Budget Activity Operating transfers in $ I7,969.810 $ 2A25,000 Grants 7.454.600 Reimbursements 1,803,060 17,668 Investment interest 3,464 Article 3 (SB 821) 159,500 Total Revenues 27,386,970 2,146,132 Expenditures: ( 1 ) Rancho Ca Rd interchange Overland overcrossing Offramp widening at Rancho Ca Rd Intersection monitonng system Western bypass corridor Street sign replacement Traffic signals Bunerfield/Rancho Ca Pala Rd. bridge Diaz realignment ~ignal interconnect system Nement management ~ 15/79S interchange (ultimate) Pala Road improvements Flashing signals at schools Traffic signals Winchester/Enterprise Diaz road extension at Date street Margafita widening/Overland extension Ynez/Winchester improvements Winchester Rd. improvements Storm drain Overland/Marganta I 15/Winchester Road ramp improvements Traffic signals Margafita/Pauba Traffic signals Margarita/Pio Pico Traffic signals Pala/Loma Linda Butterfield Stage extension Date street/Cherry Ove~ass t 15/Santiago interchange Margarita improvements Pio Pico/79S Mumeta creek bridge R.C./~Vinchester Mum eta creek bridge N. Winchester Traffic signal controller upgrade Mumeta creek bridge widening R.C. 115/Rancho Ca. Road ramp improvements Traffic signal equipment installation Traffic signals Marganta/DePorto]a Traffic signals Margarita/Stonewood Dcalized storm drain improvements Nicholas road sidewalks (continued) 93.270 61,847 6.952,294 3,112.504 738.966 368,552 614,000 382 1,337 102,000 191 117,300 6,866,134 1,511.358 805,893 27 38,487 975,000 52,290 195,000 1,337 400,000 53 31,000 22,455 282 149,823 1,833.769 1,469,302 443,433 289.417 73,962 1,287 114,173 866,107 359,044 278,442 17,621 220,334 1,144 117,300 300,000 725.000 145.900 210.000 33.698 270,000 270,000 39,000 270,000 767,000 397.296 210.000 117.300 3,196 120,000 135,000 75,000 $ 47.516 2,314,077 193.885 44,672 3,345.542 38.487 152.197 142,292 22.173 286.393 72,675 414,754 157,934 117,405 25.923 167,442 233,379 15.834 Total Activity 2,125.000 17,668 3,464 2.146,132 109,363 5,426,581 562.437 382 1.337 44,863 4,856,900 27 38,487 204,487 143.629 53 22.455 1,755.695 300,623 73.962 114.173 773,798 175,555 118,549 25.923 201,140 630,675 19,030 Percent of Budget 12% I~ 117% (2) 78% 76% 0% 44% 71% 0% 100% 21% 74% 0% 100% 96% 68% 100% 100% 89% 63% 54% 18% 96% 82% 16% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Three Months Ended September 30, 1999 Annual Amended YTD Total Budget Activity Encumbr. Activity Percent of Budget La Serena housing lighting 45,000 31,296 31,296 Pujol st. sidewalk improvements 219.612 199 29 228 Old Town south parking lot 294,730 Margarita community park 12,537 12,537 12,537 Hintergardt park improvements 281,300 Duck pond park 107,088 29.474 19,091 48,565 Maintenance yard ADA sports park 95,000 3,705 3,705 Multi-trails system 345, 118 180,733 124,844 305,577 Winchester creek park 23,382 23.382 23,382 Community Recreation Center improvements 4,267 Sports park sidewalks 17,368 8,657 8,711 17.368 TVUSD tennis court lights 181,528 132,049 8,612 140.66 I Bike path construction - citywide 47,500 176 324 500 Maintenance facility modification 576,303 162,987 14,985 177.972 Rotary park improvements 29,103 22.485 7.357 29,842 Senior center expansion 83,000 100 6,000 6.100 Butterfield stage park improvements 43.735 168 2.557 2,725 Children's museum 217,300 Civic center 75,000 Community theater 160,000 Conference center 75,000 Calle Aragon park drainage 68,800 Chaparral HS swimming pool 2,000,000 Desiltation pond 167.500 Margarita community park fencing 79.200 Northwest sports complex 640,000 Sports park field lighting 425,000 Sports park parking lot rehabilitation 206,500 Trails master plan 70,000 Museum 249,969 36,812 148.320 I 85,132 City hall improvements 1.373 1,373 1.373 Library 984, 102 2,957 2,957 70% 0% 100% 45% 4% 89% I00% 100% 77% 1% 31% 103% (2) 7% 6% 74% 0% Total Expenditures (Excluding Transfers) 33,525.390 8.294,525 8,299,786 16.590.044 49e/o Revenues Over/(Under) Expenditures (6, 138,420) (6, 148,393) Operating Transfers Out 1,713,770 Revenues Over/(Under) Expenditures and Operating Transfers (7,852,190) Beginning Fund Balance, July 1, 1999 11,473,164 I 1,473,164 Ending Fund Balance, September 30, 1999 $ 5.334,744 $ 5,324,771 ( 1 ) The variances in CIP Fund revenues and in project expenditures are due to the timing of when the various projects are actually started and costs are incurred. (2) The variances are due to in house project administration costs incurred on projects carried over from the prior fiscal year (and not included in the current C1P budget). CiW of Temecula Stalen~mt of P,~venues, Expenditures end Chan~es in Fund Balance - Budget and Actual Marprim Road Reimbursement Distact '~or the Yhree Morttin Ended Sep~nnber 30, 1999 Total Revenues Total Expenditures Revenues Over/CUnder) Expenditures Beginning Fund Balance, July 1, 1999 Ending Fund Balance, September 30, 1999 Annual Amendai YTD Budget ActiviW 16,835 16,g35 $ (57,197) (57,197) $ (57,197) $ (40,362) To~I Perr~nt Encumbr. Activi~ of Buyer The dc~cit fund balance is being reduced by reimbunements paid by the Tomelax Hills development ,/hen building pernuts are issued. Reimbursements are expected h3 be completed within the next year. 13 lntemd Sn~i. ee F,"~, Comblnln8 Balance Sh~t As of.~-"l~mber 30, 1999 Cash end investments Receivables Prepaid assets Property, plent end equipment (net of accumulated depreciation) Total assets Liabilities and fund equity: Liabilities: CmTe~t liabilities Duc to othe~ funds Cnpital leases payable In~o~t~.~en Support Insurance Vehicles Syst*,n~ S4rvices Facilities Fund Fund Fund Fond Fund Total $ 1,209,920 $ 391,g46 S 190,618 S gg,58g $ 1,880,972 20,021 1,665 2,194 981 24,861 38,783 $ 12,097 50,880 369,974 556,091 128,020 1,054,085 1.268,724 $ 382,071 $ 949,602 $ 320,832 S 89,569 S 3,010,798 $ 270,519 $ 58,832 $ 62,124 $ 24,494 $ 14,879 $ 430,848 4,937 4,937 133,037 133,037 Total liabilities 270,519 63,769 62,124 157,531 14,879 568,822 Fund equity: Contributed capital 500,000 214,539 473,065 94,177 1,281,781 Retained earnings 498,205 103,763 414,413 69,124 74,690 1,160,195 Total fund equity 998,205 318,302 887,478 163,301 74,690 2,441,976 Total liabilities end fund equity $ 1,268,724 $ 382,071 $ 949,602 $ 320,832 $ 89,569 $ 3,010,798 Please note that these balences are uenudited. City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings 'ntemal Service Funds or the Three Months Ended September 30, 1999 tnfon'nation Support Insu~nce Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Charges for services $ 92,330 $ Investment interest 20.021 Operating transfer in Miscellaneous 1.389 Total Revenues I 13,740 Expenses: 38,815 $ 233,447 $ 51,822 $ 80.386 $ 496,800 1,665 2394 1,17t 25.051 233,000 233.000 135 1,524 38,815 468,247 54,016 81.557 756.375 Salaries &wages 7,406 44,715 18,492 40,850 I I 1,463 Operating expenses 99,211 1,296 89,284 191849 43,288 252,928 Interest 3.286 3,286 Loss on disposal of assets 176 176 Depreciation 31 ~050 83.500 12.195 126,745 Operating transfer out 400,000 400.000 Total Expenses 506,617 32346 217.675 53.822 84.138 894.598 4et Income (Loss) (392,877) 6,469 250.572 ] 94 (2,581 ) (138.223) Retained Earnings. July 1, 1999 891.082 97,294 163,841 68.930 77.271 1.298,418 RetainedEarnings, September30,1999 $ 498.205 $ 103.763 $ 414.413 $ 69,124 $ 74,690 $ 1,160.195 Community Facilities Distti~s Combining Balanc~ Sheet As of S~ptember 30. 1999 Cash and investmeets Reoeivables Deposits Total assets Liabilities and fund balances: Liabilities: Curt~t liabilities Toud liabilities Total fund balances Total liabilities and fund balances CFD 88-12 CFD 88-12 CFD 88-12 CFD 9801 CFD 98-01 C.~pitei Admin Debt Debt Admin Project Expense Ser~ce Service Expens~ Fund Fund Fund Fund Fund Total 3,180,797 $ 22,552 $ 2.137,066 $ 997,756 $ 6,338,171 104 322 6,335 4,253 $ 14 11.028 1,124,300 1,124,300 $ 4,305,201 $ 22,g74 $ 2,143,401 $ 1,002,009 $ 14 $ 7,473,499 $ 5,026 $ 2,143,401 $ 1,002,009 $ 14 $ 3,150,450 5,026 2,143,401 1,002,009 14 3,150,450 1,124,300 7,000 1,131,300 3,180,901 10,848 3,191,749 4,305,201 17,848 4,323,049 4,305,201 $ 22,874 $ 2,143,401 $ 1,002,009 $ 14 $ 7,473,499 Please note that these balances ate unaudited. 16 CFD88-12 CFD88-12 CFD88-12 CFD98-1 CFD98-1 Capital Admin Debt Dcbt Admln Pfoj~ts Expa~ S~rvic~ S~rvi~ Expens~ Fund Fund Fund Fund Fund Invcstmc~t intcrcst $ 23.695 $ Special assessments Total 322 $ 63,424 $ 15,465 $ 14 $ 102,920 1,391 1,391 Total Revenues 23,695 322 64,815 15,465 14 104,311 Expandimres: Legal services O~her outside services Debt service - principal I~bt service - int=rcst Total Expenditures Revenues Ovcr/(Undcr) Expenditures $ 1,345 $ 5,250 $ 4,125 $ 585,000 $ 85,000 471,625 394,778 1,345 5,250 585,000 471,625 6,595 1,056,625 469.778 4,125 1,537,123 23,695 (6;73) $ (991,810) $~$ (4,1111 $ 4,281,506 24.121 Beginning Fund Balance, July 1, 1999 Ending Fund Balancc, September 30, 1999 $ 4305,201 $ 17,848 (1,432.812) ITEM 5 TO: FROM: DATE: SUBJECT: APPROVAL CITYATTORNEY DIRECTOR OF FINANCE CITYMANAGER CITY OFTEMECULA AGENDA REPORT City Manager/City Council '~DDusan W. Jones, City Clerk/Director of Support Services ecember 14, 1999 Sierra Permit Computer System Conversion PREPARED BY: Ronald J. Parks, Deputy Director of Public Works RECOMMENDATION: That the City Council authorize the expenditure of $66,110, with a 10% contingency, to Sierra Computer System. Inc., to perform database conversion necessary to convert the City's Sierra Permit Computer System from the DOS Version to the Windows Version and authorize staff to proceed with this work as soon as possible. BACKGROUND: The Sierra Permit Computer Systems is the software that issues and tracks all City permits and applications. The conversion of the Sierra Permit Computer Systems from the DOS Version to the Windows Version has been planned for the past two years. Selected staff members from each department have committed a great deal of time towards the preparation of new format panels in an effort to make this conversion smooth and efficient. The Windows version has been installed and tested by key personnel. We could be ready to go online for new projects on Jan. 1, 2000. January 1St iS a logical time to make a break from the old system, since all the permit numbers will change at the Calendar Year. The conversion to a Windows based program is necessary since the City's operating system is Windows based and all DOS based programs are being phased out. Sierra is currently supporting the older DOS based program, but will not be continuing this support in the future. It will be necessary to run a dual system until the database from the DOS system is converted to the Windows version. Staff is prepared to do this, however, it will make it difficult to cross reference projects and to prepare monthly reports until the database is converted. We were aware of this problem a year ago and we solicited a proposal from Sierra to do the conversion for us. They estimated that it would take approximately 680 man-hours for a cost of approximately $65,000. At that time the amount seemed high and we thought our existing staff could convert the data. This did not happen due to the heavy workload of our staff and the special skills necessary to do this conversion. We explored hiring contract people to do the work, but people with these skills are in high demand are not interested in contract employment. Also there are no guarantees that the database would be properly converted using contract employees. Sierra will not take responsibility for any conversion work that is done by an outside contractor and refuses to certify their work. The Sierra database conversion is a time intensive, complicated process that requires special skills. Staff feels that Sierra would be most qualified and could get the conversion done in a time period of four to six months. If we were to attempt it with our current staff the time would probably double and other work would be delayed. I R:~agdrpt~99\1214~sierra It is staffs recommendation that Sierra Computer Systems, Inc. be hired to do the data conversion as quickly as possible and that we begin the New Year with the Windows version. This has recommended course of action has been reviewed and supported by the Management Information Systems Committee. A revised proposal was obtained from Sierra on Nov. 16, 1999. The estimated cost for services are $66,110. This is an estimated cost, therefore a 10% contingency is requested. FISCAL IMPACT: The data conversion costs will be funded by the information Systems Internal Service Fund. Adequate reserves are available to coverthe cost of these services. ATTACHMENTS: Revised Sierra Proposal 2 R:~agdrpt~99\1214~sierra November 16, ] 999 TO Knub~ly Kmgc~ City ofTeme, cula, CA FROM: Kathy Ream Sierra Computer Systems, Inc. Cost Est:mats for Additional Migration Sen'ices Ydmbc~y, ba,s~ on th~ information provided to the ma~tation team in Match 1999, followm~ is an updal~ cost estimat~ for Siena ad&tzonal migration s~ptic~s. This is based on the a~cnoy having 57 acuve compositions and 58 inactive oompositi~.s. Ra~ Dollars Budgeted 1. Travel to and from Agency Sits (3 visits) 30 $ ~2.00 $ 2,760.00 2. Deszgn/Rc~new Assistsnee 0 $ 92.00 0 3. Actzvity Dev. Assistan~ (Up to _ a~tzvlties) 0 $ 92.00 0 4. Proje,~ Management ] 20 $ 92.00 $11,040.00 5. AddiUonal Trammg (per clay) 0 $L10000 0 6. Workflow Assistenos 0 $ 92.00 0 7. DBMS Assistance 0 $ 14000 0 8. ODBC Dr~vers ,. N/A N/A 0 9. Document Assistance 150 $ 92.00 $13,800.00 10.Scnpt,s Assistance 300 $ 92.00 $27,600.00 l l.Reports Assistance 0 $ 92.00 0 12. SystemModifiamom 0 $ 92.00 0 13.EsLirnetes 0 $ 92.00 0 14.TravH Expenses (3 visaLs) N/A N/A $ 3,550.00 ]5.Rtm Time 80 $ 92.00 $ ?,360.00 Additional services (not includad as ps~ or th~ Basic MiEmtion S~vices) H~trs Budg~tsd TOTAL $66,110.00 NOTE: If a hack-~nd database (other than MS A~ess) is ssl~otsd, thee is an additional $3,00000 lioe~se f~e, an additional $3,000.00 annual support f~, spproxinmts|y 50 hours of conncouwty asszstsn~, and 40 additional hom~ of m-time. If Oracle is solceded. Metant drivers are required to rspla~ the Oracle drivers for p~fonnarn~ t~asons Th~ above ~stimates/quotss are bern8 ptopos,d as an anUrc proj~-'t The removal or chan~e of any zt4nns will affcot the entare bid The removal of any items will need to be tsvir. v~d by Sierra to determine th~ impa~ both financial and fi'om a proJect management view on the ent~*e proJecL These costs at~ valid for 90 days. This quote supctosd~s any p~-vao~s quotss for products and/or servaoss Doe to th~ levels of curr~n~y contractsd assismcs in the fourth qtmr~' of 1999, and the smplscauons for Y2K on behalf of our exssting climts. dchvcry timelth~s and dstss for the commencement of work on thas ~timate must ~ approv~ by Sierra prior to the commencement of work. Ps~e ] of 2 1731 W. WALNUT AVE,, V'ISALIA, CA 93277 E-MAIL-scsi~pemitsneLcom PHONE: 559.627.1959 FAX: 559,6:27.4906 INTERNET- ht~p://w~'w.permitsnet.com Sie~Ta's published hourly rates, effechve Ixme 1, 1998 (These rates ~re ~mmteBJ for ]2 months after contract execution) $14000Pe~Hom $110.00 PerHour $92 00 Pcr Hour $92 00 Per Hour $92.00 Per Hou~ $64 00 Per Hom $32.00 P~ Hou~ $1.100.00 P~' Day Overtime above g hours per day or 40 horns per week my be billed at I ~,~ times the prevailing rate. Kim~,.."fly. [x~camc Sierra. ic~d~f an A_*_..~._',.~.r's c~vmmn ~ uJ ~ M ~ of me ~1 ~plmc~ of 'P~I~' ~, ~ ~d ~ ~ f~ ~ ~ ~ ~ B~c ~on S~i~ for ~ ~ 'PE~!TS' ~s e. R~g S~ ~ ~e ~ is ~tly ~t~ ~e S~ ~, Si~ would ~ ~e 'PERM~S' ~-It m ~o1~. H~,plm~am~~ld~8~of~sm~m~.~ho~f~ ~f~. ~c m~ion ~m '~lTS' TM ~ 'PE~I~' ~ * ~11 ~ ~ ~ ~s~ S~ ~]c ~ mpm ~m 1~ · m ~e n~ for ~e ~lmcc ~, 'PE~ITB' ~4t TM ~ m ~ ~ =t of~] ,~ If you have any quest,ore, please contact me at (559)~27-1959 X) 02. Thntlk yotl, P~e2of2 Sierra Migration Referenca Please note that Si~rra's ~ inform-ton is confident~ This is necessary in order w protea the privacy of our dimre. City of Lee's Summit, MO (Migrated from PC) 207 S.W. Market St., L~'s Summit, MO 64063 Desiree Houringan, Applications Admin. (816) 969-7472 City of Louisville, CO (Migrat~l from PC) 749 Ma~n Sweet, Louisville, CO 80027 Chris Crrecnwald - (303) 666-6565 Suae of Michigan (Migrated from PC) 2501 Woodlake Circle, Okemos, MI 48864 Pamela Braatz, I.S. Analys~ - (517) 241-9345 City ofNovi, MI (Migrated from PC) 45175 W. Ten Mile Rd., MI 48375 Ot~ie Hubbs - (248) 347-0431 1731 W. WALNUT AVE., VISALIA, CA 932'7'7 E-MAIL-scsl~pemltsnetcom PHONE: 559.627.1959 FAX: 559,627.4906 I~TERNET- http://www.permltsnet.com ITEM 6 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDAREPORT City Manager/City Council /},jJ~/illiam G. Hughes, Director of Public Works/City Engineer December 14, 1999 Accept substitute agreements and bonds for public improvements in Tract No. 24183-1. (North of Campanula Way, East of Meadows Parkway, West of Butterfield Stage Road, and South of De Portola Road). PREPARED BY: Ronald J. Parks, Deputy Director of Public Works ,4Ff, Albert K. Cdsp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT substitute Subdivision Improvement and Monument Agreements and securities for Faithful Performance, Labor and Materials, and Monumentation purposes in Tract No. 24183-1. AUTHORIZE release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation securities on file. 3. DIRECT the City Clerk to so notify the developers and surities. BACKGROUND: The City Council approved Tract Map No. 24183-1 on September 14, 1999, and entered into Subdivision Improvement Agreements with: Newland Communities, LLC 9404 Genesee Ave, Suite 230 La Jolla, CA 92037 For the improvement of Street and Drainage. installation of Water and Sewer Systems, and Subdivision Monumentation. Accompanying the subdivision agreements were the following securities as posted by the American Insurance Company: Bond No. 111 4167 8091 in the total amount of $939,000 ($682,500, $154,000, and $102,500 for Street and Drainage, Water, and Sewer improvements, respectively) for Faithful Performance. Bond No. 111 4167 8091 in the total amount of $469,500 ($341,250. $77,000, and $51,250 for Street and Drainage. Water, and Sewer Improvements, respectively) for Labor and Materials. 3. Bond No. 167 69 72 in the amount of $11,437 for Subdivision Monumentation. 1 r:~agdrpt~9\1207%~lr24183-1 .sub Subsequent to recording the tract map, the project was sold to the new developer: Canada Development Company, LLC 11260 El Camino Real, Suite 200 San Diego, CA 92130-2647 The new developer submitted replacement agreement and securities for the contractual work. The substituted securities are surety bonds posted by Insurance Company of the West as follows: Bond No. 167 69 71 in the total amount of $939,000 to cover streets and drainage, and water and sewer improvements for Faithful Performance. Bond No. 167 69 71 in the total amount of $469,500 to cover streets and drainage, and water and sewer improvements for Labor and Materials. 3. Bond No. 167 69 73 in the amount of $11,437 for Subdivision Monumentation. The affected streets, although not completed or accepted are Festivo Street, Empezar Street, Semena Street, Parcela Court, Pensador Street, and portions of Meadows Parkway, Campanula Way, Via Destllo, Terraza Court, and De Portola Road. De Portola Road was accepted into the City- Maintained Street System at an earlier date. FISCAL IMPACT: None ATTACHMENTS: Vicinity Map Substitute Agreements and bonds. (on file) 2 r: 'agdrptLqg~1207~tr24183-1 .sub ... ,o s~ o,m:.o PROJECT VICINITY MAP I / / Tract No. 24183-1 Location MaD NOTE: MAPS NOT TO SCALE. ITEM 7 APPROVAL E'~ CiTY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council ,/~/~illiam G. Hughes, Acting Director of Public Works/City Engineer December 14, 1999 Substitute Agreements and Securities in Tract No. 24185-F (Northwesterly of intersection of Butterfield Stage Road at De Portola Road) PREPARED BY: Ronald J. Parks, Deputy Director of Public Works ~Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: ACCEPT the substitute Subdivision Improvement and Subdivision Monument Agreements, and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities in Tract No. 24185-F. AUTHORIZE release of the Faithful Performance, Labor and Materials, end Subdivision Monumentation Securities on file. 3. DIRECT the City Clerk to so notify the developers and sureties. BACKGROUND: The City Council approved Tract Map No. 24185-F on June 8, 1999, and entered into subdivision agreements with: Newland Communities, LLC 9404 Genesee Avenue, Suite 230 La Jolla, CA 92037 for the improvement of streets, installation of water and sewer systems, and subdivision monumentation. Accompanying the subdivision agreements were the following securities as posted by The American Insurance Company as follows: Bond No. 111 3341 3689 in the amount of $835,500 ($504,500, $170,000, and $161,000, respectively) to cover faithful performance for streets, water, and sewer improvements. Bond No. 111 3341 3689 in the amount of $418,000 ($252,500, $85,000, and $80,500, respectively) to cover labor and materials for streets, water, and sewer improvements. 3. Bond No. 111 4167 5196 in the amount of $23,600 to cover subdivision monumentation. 1 r: ~agdrpt~9~1207~tr24185-7.subagmt Newland Communities, LLC, has sold this project to the following developer. Tdmark Paci~c-Temecula 5000, LLC c/o Trimark Pacific Homes, LP 85 Argonaut, Suite 205 Aliso Viejo, CA 92656 The new developer has submitted replacement agreements and securities for the contractual work. The substituted securities are bonds posted by Frontier Pacific Insurance Company as follows: Bond No. SD00086584 in the amount of $835,500 to cover streets, and water and sewer improvements for Faithful Performance. Bond No. SD00086584 in the amount of $418,000 to cover streets, and water and sewer improvements for Labor and Materials. 3. Bond No. SD00086585 in the amount of $23,600 to cover Subdivision Monumentation. The affected public streets, although not completed or accepted are Abano Court, Cesana Street, Novara Court, Savona Street, Casala Court, and portions of Jerez Lane, Tirano Drive, and Sunny Meadows Drive. Butterfield Stage Road is already part of the City-Maintained Street System. FISCAL IMPACT: None. ATTACHMENTS: Location Map Subdivision Agreements (On file) Surety Bonds (On file) 2 r: 'agdrptLqg\1207~cr24185-7 ,subagmt VICINITY MAP / Tract No. 24185-F Location Map NOTE: MAPS NOT TO SCALE. ITEM 8 APPROVAi~~ CITY A'FrORNEY DIRECTOR OF FINANC CiTY MANAGER CITY OFTEMECULA AGENDA REPORT TO: FROM: City ManagedCity Council /'~J/tl/~William G. Hughes, Director of Public Works/City Engineer DATE: December 14, 1999 SUBJECT: Vaca~on ofa PoffionofRestdcted AbuSers Right-Of-Access Per ParcelMap No. 19582-2 PREPARED BY: Ali Moghadam, P.E., Senior Engineer - Traffic RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "FIRST AMENDMENT TO DEDICATION OF ABUTTERS RIGHTS TO CITY OF TEMECULA FOR PARCEL MAP NO. 19582- BACKGROUND: Per Parcel Map No. 19582-2 recorded on December 2, 1987, abutters access dghts to Jefferson Avenue were restricted from Parcels 14 and 15 except a 40 foot wide joint use access opening. Currently this driveway provides access to ARCO Service Station and John Burnham & Company located at the northwest comer of Winchester Road and Jefferson Avenue. The existing ARCO driveway on Jefferson Avenue is approximately 200 feet north of the Winchester Road intersection. Due to the proximity of this driveway to the intersection of Winchester Road and Jefferson Avenue, during peak hours. left-tum out of this driveway is very difficult. Therefore, the property owners have requested that the City consider allowing a second driveway at the northerly boundary of Parcel 14. The proposed driveway will be approximately 400 feet north of Winchester Road and Jefferson Avenue intersection and could provide an easier left-turn to northbound Jefferson Avenue. At the December 11, 1997 meeting of the Public/Traffic Safety Commission, the Commission reviewed this item and recommended that the City Council adopt a resolution vacating a portion of restricted access rights to Jefferson Avenue. The Commission also recommended that le~-tum out of the existing driveway at ARCO be restricted during the peak hours and the proposed driveway be radius type and 40 feet wide. The property owners have recently derided to pursue construction of the second driveway on Jefferson Avenue. I r:~agdrptL99~1214~jeffabutter agrmt FISCAL IMPACT: None ATTACHMENTS: 1, Resolution No. 99- 2. Exhibit "A' - First Amendment to Dedication 3. Exhibit ~B" - Legal Description of Property 4. Exhibit 'C" - Depiction of Revised Dedication of Abutters 5. Exhibit "D" - Location Map 2 r:~agdrpt~q9\1214~jeffabutter agrmt RESOLUTION NO. 99-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "FIRST AMENDMENT TO DEDICATION OF ABU 1 I I=RS RIGHTS TO CITY OF TEMECULA FOR PARCEL MAP NO. 19582- THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby approve that certain Agreement entitled "FIRST AMENDMENT TO DEDICATION OF ABUTFERS RIGHTS TO CITY OF TEMECULA FOR PARCEL MAP NO. 19582-2" and authorizes the Mayor to execute said agreement in substantially the form attached hereto as Exhibit "A". Section 2. The City Manager is hereby authorized to enter into, execute or otherwise approve any further agreements, certificates, escrow instructions, or other documents necessary or convenient to implement the Agreement approved by this Resolution. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 14th day of December, 1999. Jeffrey E. Stone, Mayor A'FI'EST: Susan W. Jones, CMC/AAE City Clerk 3 r:~agdrpt~99\1214',jeffabutter agrmt [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC,/AAE City Clerk of the City of Temecula, do hereby certify that the Resolution No. 99- was duly and regularly adopted by the City Coundl of the City of Temecula at a regular meeting thereof, held on the 14t day of December, 1999, by the following vote, to wit: AYES: 0 NOES: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS Susan W. Jones, CMC,/AAE City Clerk 4 r:~agclrpt~99~1214',jeffabutter agrmt EXHIBIT "A' RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Susan W. Jones, CMC/AAE City Clerk CITY OF TEMECULA P.O. Box 9033 Temecula, California 92589-9033 EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 FIRST AMENDMENT TO DEDICATION OF ABUTTERS RIGHTS TO THE CITY OF TEMECULA FOR PARCEL MAP NO. 19582-2 THIS AGREEMENT is made and entered into as of December 14, 1999 by and between the City of Temecula, a municipal corporation (the "City"), and Overlook Center, LLC (the ~Owner"). In consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each party acknowledges as true and correct: a. Owner is the owner in fee of the properly which is legally described on Exhibit "A', attached hereto and incorporated herein as though set forth in full (the "Property"). b. On December 2, 1987, Parcel Map No. 19582-2, which includes the Property, was recorded in the Official Records of Riverside County at 2:00 p.m. in Book 147 of Parcel Maps, at Page 3 - 6 at the request of the Clerk of the Board. c. On said Parcel Map, Owner's predecessors in interest dedicated to the County of Riverside the abutters rights of access along Jefferson Avenue fronting the Property, excepting the forty (40) foot wide access opening located on the Property along Jefferson Avenue as described on the Parcel Map and the County accepted the offer of dedication. d. The City of Temecula incorporated on December I, 1989 and succeeded to the interests of the County of Riverside. e. The Owner now desires to provide for an additional forty (40) foot wide access opening located as described and depicted on Exhibit 'B". City has no objection to the new access opening. 2. The parties hereto agree that the dedication of abutters rights of access for the Property as described on Parcel Map No. 19582-2, is hereby amended to provide that an additional forty (40) foot wide access easement to the Property is permitted at the location on the Property as shown on Exhibit "B". The City of Temecula accepts said modification of the dedication. 3. Owner hereby agrees that he will install (at a cost not to exceed $500) and maintain at his expense such signage as may bc required by the Director of Public Works of the City of Temecula restricting left turn movements from the existing access opening on Jefferson Avenue during cortain hours. The City. hereby agrees that owner shall not be responsible for enforcing the left-turn restrictive movements. 4. Except as specifically provided in this Agreement, all other terms of the dedication of abutters rights described on Parcel Map No. 19582-2 shall remain in full force and effect. 5. Exhibits "B" and 'C~ are attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and supersede all oral or wrinen negotiations and prior writing in respect to the subject matter hereof of this Agreement. IN ~t,VrrNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA Jeffrey E. Stone, Mayor AT'rEST: Susan W. Jones, CMC/AAE, City Clerk APPROVED AS TO FORM: OWNER: Overlook Center, L.L.C. 12555 High Bluff Drive, #160 San Diego, CA 92130 BY: Its Manager, Aspen Property Management, Inc. An Oregon corporation doing business in California as Oregon Aspen Property Management, Inc. Mark E. Nieol, President EXHIBIT "B' LEGAL DESCRIPTION OF PROPERTY EX}IIBIT LEGAL DESCRIPTION FOR RESTRICTED ACCESS VACATION FAGE I OF I !Ei:IG A 40.00 FOOT WIDE ACCESS EPENING kLONG THE SOUTHWESTERLY LiNE CF IEFFERSON AVENUE ON PARCEL 14 OF PkRCEL MAP 19582-2 i>i THE CiTY CF TEMECULA, COUNTY OF RI~i?.SiEE, STATE OF CALIFOP~NIA, AS FILED IN BOOK 147 AT PAGES 3 THRCUGH ~ iNCLUSiVE OF PARCEL :.L~S IN THE iFFICE OF THE COUNTY RECEP. iER OF SAID COLrNTY OF P. iVERSIDE, THE _'ENTERLINE OF SAID ACCESS iFL'iiNG BEING 182.00 FEET, MEASURED ALONG SAiD SOUTHWESTERLY LiNE CF SEERSON AVENUE, FROM THE MOST EASTERLY CDP/qER OF SAID PA/~CEL 14. SEE EXHIBIT ,,C. ATTACHED HERETO 12/31/99 No, 7161 __- Dcx~mmbev29.1997 EXHIBIT "C' DEPICTION OF REVISED DEDICATION OF ABUTTERS RIGHTS ,/ SCALE: "= 60' EXHIBT "C" ?A RcE,' -' "' ,',D ~0.,~9,55" E) _ / -( Pt~OPOSED ;::a 40' WIDE "' / ""' MAP :195B2~2 PAr, c'EL '--.. c,i EXISTING 40' WIDE DRIVE WAY ...\~x"%"----------~_~ PARCEL RESTRICTED ACCESS PER tD~ 147/J-6. DENOTES RECORD DATA PER PM 74.7/5-6. ,"= 6o' ~ a~ e~ TB a~n2/2a/971 RESTRICTED 50' SHEET ! OF ACCESS I W.O. VACATION EXHIBIT "B" LEGAL DESCRIPTION OF PROPERTY r%agdrptL99%1214~jeffabutter agrrnt EXHIBIT 'B" LEGAL DESCRIPTION FOR RESTRICTED ACCESS VACATION ?AGE i ~F 1 EEiNG A ~0.00 FOOT WIDE ACCESS YPENING ALONG THE SOUTHWESTERLY LiNE DE jEFFERSON AVENUE ON PARCEL 14 DF PkRCEL MAP 19582-2 iN THE CiTY CF TLu~_-CULA, COUNTY OF RIVERSIZE, STATE OF CALIFORNIA, AS FILED IN 50OK 147 AT PAGES 2 THROUGH 6 i~ICLUSiVE OF PARCEL :~3~?S IN THE DFFICE ~F THE COUNTY RECORDER 0F SAID COUNTY OF RIVERSIDE, THE CENTERLINE OF SAID ACCESS OPENING BEING 182.00 FEET, ME/SURED A.LONG SAID SSUTHWESTERLY LiNE OF jEFFERSON ~iJENIIE, FROM THE MOST EASTERLY CORNER iF SAID PARCEL 14. SEE EXHIBIT ~C- ATTACHED HERETO 12;31/99 No. 7161 __ EXHIBIT DEPICTION OF REVISED DEDICATION OF AB~ RIGHTS SCALE. 1" = 60' EXHIBIT "C" ?A~'CSL ~- o c' "I 14 PAn, n / r'-.~C,r'l PA,,-, ~=_ MAP P,M, '147/3-,6 ,.~txp. z/~ EXISTING 40' WIDE "" 48'08'53" ~7~EWA Y ~ ,,--,,,,,,. "1 z z z r ~ RESTRICTED ACCESS PER PM f' :: DENOTES RECORD DATA _ PER PM 14 7/J - PLAT IS SOLELY AN AID IN LOCAtiNG 1HE PARCEL{S) DESCRIBED IN ll-fE ATTACHED DOCUMENT, rT IS NOT PART Cr 'P~E W'RIrTE~N DESCRIPllON ll~EREIN. SCALE. "'= 60' I DRAWN BY T~ __ DATE"I 2/2.8/971 50' SHEET ! OF I I W.O. RESTRICTED ACCESS VACATION -1 EXHIBIT "D" - LOCATION MAP ITEM 9 CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council ,1.~William G. Hughes, Director of Public Works/City Engineer DATE: December 14, 1999 SUBJECT: Parcel Map No. 29470 east of Margadta Road between Wanchester Road and Verdes Lane PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Reza James, Assistant Engineer RECOMMENDATION: That the City Council approve: 1. Parcel Map No. 29470 in conformance with the Conditions of Approval 2. Subdivision Monument Agreement and Monument Bond as security for the agreements. BACKGROUND: Tentative Parcel Map No. 29470 was approved by the City of Temecula Planning Manager, Debbie Ubnoske, on November 18, 1999 and expiration date being November 18, 2001. The Developers, Lowe's HIW, inc and K.M,I. Real Estate Partners have met all of the Conditions of Approval. Parcel Map No. 29470 is a two (2) parcel commercial subdivision on 3.82 gross acres. This subdivision is located east of Margadta Road between Winchester Road and Verdes Lane. The site is currently vacant. Margarita Road and Verdes Lane have been fully improved, therefore improvement bonds will not be required. Tentative Parcel Map 29470 was approved with 3 parcels. Parcel Map 29470 combined two southerly parcels into one parcel since one building is proposed over both parcels. The map submitted herewith is considered to be in substantial conformance with Tentative Parcel Map 29470 considering that fewer parcels are created and that the conditions of approval are satisfied. The following fee has been deferred for Parcel Map No. 29470: Development Impact Fee due prior to issuance of a building permit. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4, Development Fee Checklist Fees & Securities Report Project Vicinity Map Parcel Map No. 29470 1 R:~AGDRPT~99\1214\PM29470,MAP.doC CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 29470 The following fees were reviewed by Staff relative to their applicability to this project. CONDITIONS OF APPROVAL FEE Development Impact Fee To be paid pdor to issuance of a building permit CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 29470 IMPROVEMENTS Street and Drainage Water Sewer TOTAL FAITHFUL PERFORMANCE SECURITY $ 0 $ 0 $ 0 $ 0 DATE: DECEMBER 14, 1999 MATERIAL & LABOR MONUMENT SECURITY SECURITY $ 0 $750.00 $ 0 $ 0 $ 0 $750.00 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. $ $ $ $ $ $ $ $ $ 0.00 Paid TBD* 103.00 8.00 790.00 25000 1,151.00 0.00 2 R :~AG D R PT~99\1214\PM29470.MAP .doc CITY OF TEMECULA ARCEL MAP NO. ~-~'~r~. VICINITY MAP NOT TO SCALE VICINITY MAP 29470 EXHIBIT A ITEM 10 ITY APPROVAL C ATTORNEY DIRECTOR OF FINANC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMi=CULA AGENDA REPORT City ManagedCity Council /}"J~illiam G. Hughes, Director of Public Works/City Engineer December 14, 1999 Professional Services Agreement - Aguilar Consulting Engineers Murdeta Creek Bddge Between Rancho California Road and W~nchester Road - "Rancho Way Alignment Study" - Project No. PW99-14 PREPARED BY: Amer Attar, Senior Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve the agreement with Aguilar Consulting Engineers to provide professional engineering services by doing a specific alignment study and determination for Rancho Way from Diaz Road to Margarita Road, Project No. PW99-14, for the not to exceed amount of $135,364.00, and authorize the Mayor to execute the agreement. Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $13,537.00. BACKGROUND: The project as described in the approved Capital improvement Program for Fiscal Years 2000 to 2004 consists of studying suitable locations for a new crossing, environmental studies, design, mitigation, new traffic signals and construction. There is a need for new bridge crossings over Murdeta Creek between Rancho California Road and Winchester Road to alleviate congestion and provide access to the new Ovedand bridge freeway overcrossing. The scope of work for this project includes the preparation of digital and mylar drawings, a technical report containing the project description, the three preliminary alternatives, summary of applicable environmental/regulatory permits and critical habitats, plans and profiles for the preferred alternative alignment, sight distance analysis and cost estimates to set the specific alignment and construct a four lane continuation of Rancho Way from Diaz Road to Margarita Road. Upon the conclusion of the study, the City will be able to adopt a specific alignment for Rancho Way and reserve the necessary Right of Way. The extended Rancho Way will serve as an additional connector road for the east and west sides of the City. 1 F:~DEpTS~PW~AGDRPT%99\1214\PW99-14.CIVIL.AGR.OOC City staff reviewed three proposals for providing professional consultant services as outlined in Request for Proposal (RFP) No. 079. The RFP was sent to seven firms and three proposals were received. The firms were ranked, and negotiations commenced with the highest ranked firm, Aguilar Consulting Engineers, known now as Aguilar Consulting Engineers. Aguilar Consulting Engineers, known now as Aguilar Consulting Engineers, performed a preliminary investigation for this project and supplied initial finding to the City. The subconsultants being utilized include T. Y. Lin/McDaniel Engineering for Bridge/Structural, LSA Associates. Inc for Environmental, and LIW Consultants for Photogrammetdc mapping. FISCAL IMPACT: The Murrieta Creek Bridge Between Rancho California Road and Winchester Road -"Rancho Way Alignment Study", PW99-14, is a Capital Improvement Project funded through Development Impact Fees - Street Improvements. Adequate funds are available in Account No. 210-165-710-5802 for the design amount of $135,364.00 plus the contingency amount of $13,537.00 for a total design cost of $148,901.00. ATTACHMENTS: 1. CIP Project Descdption 2. Agreement with Aguilar Consulting Engineers 3. Vicinity Map 2 F:~:)EPTS~PW~AGDRPT~gg\1214\PWg~-14.CIVIL.AGR.OOC CiTY OF TEMECULA AGREEMENT FOR ENGINEERING CONSULTANT SERVICES FOR MURRIETA CREEK BRIDGE BETWEEN RANCHO CALIFORNIA ROAD AND WINCHESTER ROAD (RANCHO WAY ALIGNMENT STUDY) PROJECT NO. PW99-14 THIS AGREEMENT, is made and effective as of December 14, 1999, between the City of Temecula, a municipal corporation ("City") and Aguilar Consulting Engineers, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on December 14, 1999, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 14, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thirty Five Thousand Three Hundred Sixty Four Dollars and No Cents ($135,364.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's wdtten authodzation is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Coundl. 1 r:~cip~projects',pw99-14~Aguilar agrmt/ajp b. Upon completion of, or in the event of termination or suspension of this Agreement, all odginal documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injudes or property damage resulting from the rouse of the design at a location other than that spedfled in Exhibit A without the wdtten consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, offidals, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to properly arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covedng Automobile Liability, code I (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Workers Compensation insurance as required by the State of Califomia and Employers Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Corninertial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: property damage. 3 $1,000,000 per accident for bodily injury and r:%cip~projects~hv99-14~Aguilar agrmt/ajp (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2.000,000) per claim and in aggregate. c. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability polides are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability adsing out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no spedal limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultanrs insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by cerlified mail, return receipt requested, has been given to the e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless othenNise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements, 4 r:~cip',projects'%ow99-14%Aguilar agrmUajp f. Verification of CoveraGe. Consultant shall furnish the City with odginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the Citys forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's pdor written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary' provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewdte said response. 5 r:~cip%projects~w99-14%Aguilar agrrnUajp 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in whting and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P,O. Box 9033 Temecula, California 92589-9033 43200 Business Park Ddve Temecula, California 92590 Attention: City Manager To Consultant: Aguilar Consulting Engineers 41750 Winchester Road, Suite N Temecula, California 92590 Attention: Greg V. Aguilar, P.E., Principal 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hemunder, without pdor wdtten consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreernent, only Greg V. Aguilar, P.E., Project Manager shall perform the services described in this Agreement. Greg V. Aguilar may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice pdor to the departure of Greg V. Aguilar from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times dudng the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the dghts, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating te :~':e obligations of the parties described in this Agreement. All prior or contemporaneous agreements .~nderstandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 r:%cip'%orojects',pwgcJ-14~guilar agrmt/ajp 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. CITY OF TEMECULA Jeffrey E. Stone Mayor Attest: Susan W. Jones, CMC/AAE, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Aguilar Consulting Engineers 41750 Winchester Road, Suite N Temecula, CA 92590 (909) 296-1143 Greg V. Aguilar, P.E., Principal By: Name: Title: (Signatures of two corporate officers required for Corporations) 7 r:~cip',projects'~v99-14~Aguilar agrmtjajp EXHIBIT A TASKS TO BE PERFORMED 8 r:',cip~projects~v99-14~Aguilar agrmt/ajp CITY OF TEMECULA RANCHO WAY ALIGNMENT STUDY PROJECT NUMBER 99-14 Printed On: December 1.1999 SECTION II. SCOPE OF WORK Section II. - Scope of Work Consultant shall perform engineering and environmental consulting services as identified within the City of Temecula's request lbr proposals dated September 15. 1999 and the tasks identified below. TASK 1 - RESEARCH EXISTING RECORDS Consultant will communicate and coordinate with City, Caltrans. Riverside County. Flood Control District and utility companies to research. investigate, and obtain available information. technical reports. and construction drawings relating to existing improvements - madway. freeway. drainage, signing and striping, and utilities. Utili.ty companies to include: · GTE Califomia · T.C.I. Cablevision · Eastern Municipal Water District · Southern Califomia Gas Company · Rancho California Water District · Southem California Edison TASK 2 - FIELD INVESTIGATION Consultant will conduct field investigations to determine the existing roadway geometrics. existing signing and striping, rights-of-way, utility locations. potential environmental issues. and other physical features. which may impact the proposed improvements. TASK 3 -- RIGHTS OF WAY RESEARCH Consultant will research existing rights of way for the proposed alignments. TASK 4 - HORIZONTAL LOCATION OF EXISTING FACILITIES Consultant will attempt to locate horizontall>' to 0. I+/- feet existing facilities which information was unavailable during collection of research data. TASK 5 - DEVELOP THREE PRELIMINARY AL TERNA TIVES The goal for development of the three preliminary alternatives will be to provide cost effective operationally satisfactory alternatives that minimize right-of-way and environmental impacts. Consultant will prepare preliminary plan. profile. and typical section drawings for each of the three proposed alignment alternatives based on existing Riverside County Flood Control District topographic maps. Consultant will review existing hydrology studies and related HEC studies for both Murrieta Creek and Empire Creek. This scope of work does not include performing new hydrology studies or flood plain studies for both Creeks, A6UILAR CONSUL r/NO ENOINEERS Page T.Y. Lin/McDaniel Engineering will evaluate the feasibility of the proposed structure work and suggest alignments to simplify structures for cost reductions. T.Y. Lin/McDaniel Engineering will prepare Preliminary Bridge Advance Planning Studies tbr the structures for each alternative alignment. Consultant anticipates that the bridge crossing at Murrieta Creek will be identical on all three alternatives. For each alternative. T.Y. Lin/McDaniel Engineering xvill provide cast-in- place and pre-cast options. T.Y. LirdMcDaniel Engineering will pertbrm all bridge-related tasks. Consultant shall analyze impacts to the proposed Rancho Way Extension Alignment and Project Cost Estimates of one additional lane each for both North-Bound and South-Bound lanes for 1-15 at Rancho Way Extension. Both City. and Consultant understand that the preliminary design for the Murrieta Creek Bridge is dependent on the outcome of current design efforts by the U.S. Army Corp of Engineers for Muftieta Creek channel and associated detention basins. Consultant shall use RCFCD's latest 100-Year Design Q Elevations for Murrieta Creek for bridge design purposes (without upstream detention basins condition). TASK 6- INVESTIGATE ENVIRONMENTAL/REGULATORY PERMITS LSA will conduct a general biological resources assessment of the three project alignments. The assessment will consist of a literature review, field visit, and preparation of a technical report. The literature review will include a review of the following sources: aerial photographs. California Natural Diversity database, Califomia Native Plant Electronic Inventory. Soil Survey, and other appropriate materials. During the field assessment, an LSA biologist will examine all three alignments to characterize habitat conditions, assess habitat suitability for threatened or endangered species. and to determine the potential extent of jurisdictional wetlands of waters of the U.S. LSA will prepare a technical report describing the habitat conditions and potential occurrence of threatened or endangered species. The report will also outline additional studies that may be required (i.e. focused wetlands delineation or focused surveys for endangered species), and describe permits and associated processes that would be necessary for compliance with applicable regulations from the following agencies: U.S. Army Corp of Engineers. U.S. Fish and Wildlife Service, California Department of Fish and Game. NPDES, and State of California Regional Water Quality Control Board. A draft version of the report will be submitted to the City and the project team for review and comment. Comments will be addressed and incorporated in the final report. TASK 7- IDENTIFY CRITICAL HABITATS LSA will identify in the technical report critical habitats protected under CEQA or NEPA for all three preliminary. alternatives. At~UILAR CONSUL rING ENGINEERS Page TASK 8 -- DEVELOP PROJECT COST ESTIMATES Consultant will prepare an overall project cost estimate for each design alternative. encompassing the entire cost (design. construction. right-of-way. inspection. contingency. and mobilization, etc. ). TASK 9 - CITY OF TESIECULA REVIEWS ALL THREE ALTERNATIVES TASK l 0 -- DEVELOP PREFERRED AL TERNA TIVE BASED ON INPUT FROM CITY Consultant will recommend the preferred alternative to the City and provide justifications or rationales for its choice and for not choosing the other alternatives. TASK 11 -- CITY OF TESIECULA REVIEWS PREFERRED AL TERNA TIVE FINDINGS TASK 12 - BASE MAP FOR THE PREFERRED ALTERNATIVE ALIGNMENT Consultant will set aerial targets and provide aerial photography, analytical bridging and digital photogrammetric mapping of the preferred alternative alignment at a scale of 1 "=40' with a contour interval of 1 foot. Consultant will also provide aerial photography. analytical bridging and digital photogrammetric mapping for the Via Montezuma Extension and the Avonida Alvarado Extension for future use by the City of Temecula. TASK 13- PLANS AND PROFILE FOR THE PREFERRED AL TERNA TIVE ALIGNMENT Consultant will prepare plans and profile (centerline only) at a scale of 1" -- 40' based on digital topographic mapping developed per Task 12. Consultant will prepare a general plan drawing showing the bridge plan view, an elevation view. and a typical section indicating the structure type, substructure type. foundation type, and structure depth. All plan and profile sheets shall be on City title blocks. The drawings for the preferred alternative will depict highway geometries. drainage features, cut and fill slopes, and existing and proposed right-of-way lines. Generally speaking, the drawings will show sufficient detail to permit development of cost estimates and identification of the scope of the project and its impacts on the surrounding environment. In addition. the drawings will show sufficient details to allow the City to adopt a specific alignment for Rancho Way between Diaz Road and Margarita Road. The specific alignment will be set as a four-lane ma. ior highway with a 100-foot full width right of way and xvill include crossings over Murrieta Creek and 1-15. A;UILAR CONSUL TING ENOINEERS Page TASK 14 - SIGHT DISTANCE A.NALYSIS Consultant will prepare sight distance analysis showing adequate sight distance along the pret~rred alternative alignment at new intersections. T4SK 15- CITY OF TEMECUL4 FIRST PLAN CHECK TASK 16 - REVISE PLANS AND PROFILE FOR THE PREFERRED ALTERNATIVE ALIGNMENT Consultant will revise plan and profile sheets addressing all City comments during first plan check. TASK 17 - DIGITAL AND MYL4R DRAWINGS, TECHNICAL REPORT CONTAINING PROJECT DESCRIPTION, THE THREE PRELIMINARY ALTERNATIVES, SUMMARY OF APPLICABLE ENVIRONMENTAL/REGULATORY PERMITS AND CRITICAL HABITATS, PLANS AND PROFILES FOR THE PREFERRED ALTERNATIVE ALIGNMENT, SIGHT DISTANCE ANAL YSIS AND PROJECT COST ESTIMATES Consultant will submit a 3 1/2 inch computer disk (AutoCAD. Version 14 format) with the project design files to the City along with one set of wet signed and stamped 24" X 36" mylars. Consultant will submit a Technical Report containing a project description. the previously analyzed three preliminary alternatives. a summary of applicable environmental/regulatory permits and analysis of critical habitats. plans and profiles for the preferred alternative. sight distance analysis and project cost estimates. TASK 18 - CITY OF TEMECULA 'S APPROVAL OF TASK 17 SUBMITTAL PACKAGE. AGZ/II,,AR CONSUL TIN4~ EN(~INWWRS Page EXHIBIT B PAYMENT RATES AND SCHEDULE 9 r ~cll:}~rojects~pw99-14',a&menglneering agrmt/ajp HOURLY FEE RATE SCHEDULE FOR THE CITY OF TEMECULA'S RANCHO WAY ALIGNMENT STUDY PROJECT January 1, 1999 The following hourly rates shall apply to services provided on a time-and-materials basis. CIVIL ENGINEERING AND SURVEYING SERVICES Project Manager Quality, Assurance/Quality Control Engineer Senior Project Engineer Survey Analyst Design Engineer CADD Designer Clerical/Miscellaneous Office Work 98.00 98.00 85.00 79.00 72.00 65.00 42.00 Planning Director $102.00 Senior Planner 85.00 Planner 72.00 Assistant Planner 63.00 Three Person Survey/GPS Crew Two Person Survey/GPS Crew One Person Survey/GPS Crew $ 180.00 155.00 127.00 OTHER SERVICES Litigation ConsultantjExpert Witness Computer Time $ 275.00 15.00 REIMBURSABLE EXPENSES The following services will be billed at cost plus 15%: Reproduction Services: Includes blueprinting, copying, printing, and plotting. In-house plots will be billed at $6.00 per sheet for each client set and for a final in-house review set. The client is welcome to contract directly with an outside reprographic firm for those services not provided in-house. Rental Equipment and Fees: Any equipment rental and any fees advanced by our firm including plan check and filing fees. Commercial Delivery Services: Including Express Mail. Federal Express, UPS. and independent courier services. In-House Pick-Up and Deliver-/Services: These services provided by our firm will be reimbursed at $30.00 per hour. In addition. mileage will be billed at $0.34 per mile with no markup. Travel Expenses: Mileage to and from the job site will be billed at a rate of $.34 per mile v, ith no markup and travel time will be billed at $75.00 per hour. per man. one-way. Airfare will be billed at cost plus 15%. Per Diem: Per diem tbr overnight stays will be billed at $127 per day, per man. NOTE: Invoicing will be submitted on a monthly. progressive cycle. ITEM 11 DIRECTOR Of FINANC r'~~----- CITY MANAGER ,/~.~' TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council ,~y,J/~.William G. Hughes, Director of Public Works/City Engineer December 14, 1999 Approval of Cooperative Agreement with the Redevelopment Agency for Construction and Funding of Old Town Southside Parking Lots Project No. PW98-16 PREPARED BY: Brian Gulllot, Assistant Engineer- Capital Projects RECOMMENDATION: That the City Council: Approve an Agreement entitled "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Old Town Southside Parking Lots. Authorize the Mayor to execute the Agreement on behalf of the City in substantially the form attached to the Agenda Report. BACKGROUND: The City's Capital Improvement Plan includes the construction of parking lots on the south side of Old Town. The project is located within the Project Area of the Temecula Redevelopmerit Project Area 1988-1, The Agency's planning also calls for this Project to be completely funded by the Agency. The Community Redevelopment Law, a Health and Safety Code Section 33220 authorizes and encourages cities and redevelopmerit agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopmerit projects. Sections 33220 (b) and (c) specifically authorizes such cooperative agreements allowing a city and a redevelopment agency to assist each other in the construction and installation of streets, roads, water, sewer, or drainage facilities. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds for construction within or benefiting the Project Area. Completion of this Project will promote the goals of redevelopmerit, as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Program. The Project will also induce private investment in, and promote expansion of the commercial/retail areas served by the parking lots within the Project Area through improved access, and promote expansion of employment opportunities within the commercial/retail areas served by the parking lots within the Project Area. r:\agdrpt\99\1214\Council rdacoop98-16 The attached Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of the Old Town Parking Lot improvements will implement the funding plans of the City and the Agency. FISCAL IMPACT: The Old Town Southside Parking Lot is a Capital Improvement Project funded through Redevelopment Agency Funds, A total of $900,000 has been budgeted by the Agency for this project. ATTACHMENT: Cooperative Agreement 2 r: \agd rpt%99\ 1214\Council rd ecoop98* 16 COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR THE OLD TOWN SOUTHSIDE PARKING LOTS PROJECT NO. PW98-16 THIS COOPERATIVE AGREEMENT made and effective as of December 14, 1999 by and between the City of Temecula, a municipal corporation ('City") and the Redevelopmerit Agency of the City of Temecula, a public body, oorporate and politic ('Agency"). In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each party finds and determines to be true and correct: a. The Community Redevelopmerit Law at Health and Safety Cede Section 33220 authorizes and encourages cities and redevelopmerit agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopmerit projects. Sections 33220 (b) and (c) specifically authorize such cooperative agreements between a city and a redevelopmerit agency to assist each other in the construction of parking lots on the south side of Old Town. b. The Re, development Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefiting the Project Area. c. The Old Town Southside Parking Lots, Project No. PW98-16 is a part of the City's Capital Improvement Program and is located within the Project Area of Temecula Redevelopmerit Project Area 1988-1. d. Completion of the Project will benefit the Project Area and will assist in the elimination of blight within the Project Area as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Program within the Project Area, induce private investment in and promote expansion of the commercial areas served by the interchange within the Project Area through improved freeway access, and promote expansion of employment opportunities within the commercial areas served by the interchange within the Project Area, among others. No other reasonable means of financing the improvements are available to the 2. The City and the Agency agree to cooperate and share responsibility for the design and construction of the Project in accordance with the terms of this Agreement. 3. The City shall undertake the following responsibilities with respect to the Project: a. Prepare the necessary engineering and environmental studies for the Project; b. design the necessary improvements for the Project; c. acquire necessary rights-of-way tbr the Pmiect; d. prepare necessary plans, specifications and bid documents for the Project; R:\cip~pro/ecls/pwggXpwgg-16\coop.rda/Ijp obtain all necessary permits and enlitlements from Caltrans and other public agencies; solicit bids and award construction contracts for the Project; and administer the construction contracts. 4. The Agency shall pay for all Project costs, except for such costs as the City is obligated to pay pursuant to this Agreement. City shall pay the costs of acquiring the right. of-way for the Project, which costs shall include the costs of title reports, appraisers, right-of-way agents, and attorneys. Agency shall, however, reimburse City for its payments made for the value of the right-of-way acquired. 5. The City Manager, upon the recommendation of the Director of Finance, shall determine the allocation of costs between the City and Agency pursuant to this Agreement and his or her determination shall be final. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA BY: Jeffrey E, Stone, Mayor Attest: Susan W. Jones, CMC/AAE, City Clerk REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA BY: Ron Roberts, Chairperson Attest: Susan W. Jones, CMC/AAE, Agency Secretary Approved As to Form: Peter M. Thorson, City Attorney/Agency General Counsel R:\cip~projects~pw98\pw98-16~eoop.rda/ajp 2 ITEM 12 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer December 14, 1998 Approval of Cooperative Agreement with the Temecula Redevelopment Agency for Pujol Street Sidewalk Improvements - Project No. PW98-17 PREPARED BY: Amer Attar, Senior Engineer - Capital Projects Hasib Baha, Assistant Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve an Agreement entitled "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for Pujol Street Sidewalk Improvements". Authorize the Mayor to execute the Agreement on behalf of the City Council in substantially the form attached to the Agenda Report. BACKGROUND: The City's Capital Improvement Program includes the construction of sidewalk, curb, gutter and pavement on Pujol Street from First Street to Sixth Street and a portion of the Sixth Street, Project No. PW98-17. This Sidewalk Improvement is located within the Project Area of the Temecula Redevelopment Agency Project Area 1988-1. The Agency's planning also calls for this Project to be funded partially by the Agency. The Community Redevelopment Law, a Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (c) specifically authorizes such cooperative agreements allowing a city and a redevelopment agency to assist each other in the construction and installation of streets, roads, water, sewer, or drainage facilities. The Redevelopment Plan for the Temecula Redevelopment Agency Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefiting the Project Area. r:lagdrpt\99%1214/Council rdacoop98-17/ajp 1 Completion of this Project will promote the goals of the redevelopment, as it will complete necessary public infrastructure improvements as detailed in the City's Capital improvement Program. The attached Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of the Pujol Street Sidewalk Improvements will implement the funding plans of the City and the Agency. FISCAL IMPACT: The Pujol Street Sidewalk Improvements is a Capital Improvement Project funded through Community Development Block Grant, AB 2766 and Redevelopment Agency funds. A total of $105,000 has been budgeted by the Agency, the total project cost is estimated at $225,000 for this project. ATTACHMENT: Cooperative Agreement r:\agdrpt%99\1214\Council rdacoop98-17/Np 2 COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR THE PUJOL STREET SIDEWALK IMPROVEMENTS PROJECT NO. PW98-17 THIS COOPERATIVE AGREEMENT made and effective as of December 14, 1999 by and between the City of Temecula, a municipal corporation CCityD and the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ( "AgencyD. In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each party finds and determines to be true and correct: a. The Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (c) specifically authorize such cooperative agreements between a city and a redevelopmerit agency to assist each other in the construction of sidewalk, curb, gutter and pavement on Pujol Street from First Slreet to Sixth Street. b. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefiting the Project Area. c. The Pujol Street Sidewalk Project, Project No. PW98-17 is a part of the City's Capital Improvement Plan and is located within the Project Area of Temecula Redevelopmerit Project Area 1988-1. d. Completion of the Project will benefit the Project Area and will assist in the elimination of blight within the Project Area as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Plan within the Project Area, induce private investment in and promote expansion of the commercial areas served by the interchange within the Project Area through improved freeway access, and promote expansion of employment opportunities within the commercial areas served by the interchange within the Project Area, among others. No other reasonable means of financing the improvements are available to the community. 2. The City and the Agency agree to cooperate and share responsibility for the design and construction of the Project in accordance with the terms of this Agreement. 3. The City shall undertake the tbllowing responsibilities with respect to the Project: a. Prepare the necessary engineering and environmental studies for the Project; b. design the necessary improvements for the Project; c. acquire necessary rights.-of-way for the Project; R:\c ip\prc~iects\pw98Xpw98-17\coop .rda/Ijp prepare necessary plans, specifications and bid documents for the Project; obtain all necessary permits and enti~ements from Callram and other public agencies; solicit bids and award construction contracts for the Project; and administer the construction contracts. 4. The Agency shall pay for all Project costs, except for such costs as the City is obligated to pay pursuant to this Agreement. City shall pay the costs of acquiring the right-of-way for the Project, which costs shall include the costs of title reports, appraisers, right-of-way agents, and attorneys. Agency shall, however, reimburse City for its payments made for the value of the right-of-way acquired. 5. The City Manager, upon the recommendation of the Director of Finance, shall determine the allocation of costs between the City and Agency pursuant to this Agreement and his or her determination shall be final. IN WITNESS WHEREOF the parties hereto have executed this Ageement as of the date first written above. CITY OF TEMECULA BY: Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC/AAE, City Clerk REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA BY: Ron Roberrs, Chairperson Attest: Susan W. Jones, CMC/AAE, Agency Secretary Approved As to Form: Peter M. Thorson, City Attorney/Agency General Counsel ITEM 13 APPROV,~ CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~..Herman D. Parker, Director of Community Services December 14, 1999 Acceptance of Grant Deed for Temeku Hills Park; M-A Temeku Hills Development. LLC Temecula (Southwest Comer of La Serena Way and Meadows Parkway) PREPARED BY: '~eryl Yasinosky, Development Services Analyst. RECOMMENDATION: That the City Council: Accept a grant deed from M-A Temeku Hills Development, LLC Temecula for the dedication of Temeku Hills Park, an 11.43-acre park site within the Temeku Hills Development. 2. Authorize the City Clerk to record the grant deed. BACKGROUND: On October 7, 1997, the City Council approved Amendment No. 3 to Specific Plan No. 199 and the Amendment and Restatement of Development Agreement No. 5 for Specific Plan No. 199, Village "A", more appropriately known as Temeku Hills. Pursuant to this agreement, the developer, M-A Temeku Hills Development, LLC is required to fully improve and dedicate a park to the City prior to the 608th building permit. As a result, M-A Temeku Hills Development, LLC has ful~lled this agreement and has completed the construction of an 11.43-acre park site. The park is located at the southwest corner of La Serena Way and Meadows Parkway. The park includes such amenities as day-use ball fields, soccer field overlays, restroom facilities, large tot lot, drinking fountains, covered picnic areas, barbecues, open grass areas, and parking lot areas. Temeku Hills Park has been inspected and approved by the TCSD Maintenance Superintendent. The enclosed grant deed and legal description has been reviewed by City staff to insure that all legal requirements have satisfied. A policy of title insurance will be provided by the developer to accompany the transfer of title to the City. The park will be officially opened to the public at a dedication ceremony scheduled for January 13, 2000 at 11:00 a.m. R:/yasinobk/agendaa/temekuhillspark.granKlee~ 121499 FISCAL IMPACT: Cost for maintaining Temeku Hills Park for the remaining portion of this fiscal year has been estimated at $31,500. This cost was budgeted within the City's Park/Street Lighting Tax for Fiscal Year 1999-2000. In accordance with Section 12.5 of the Amendment and Restatement of Development Agreement No. 5 for Temeku Hills, the developer is entitled to receive fee credits against the parks component of the City's Development Impact Fee (DIF) in an amount equal to the cost of constructing the park. Pursuant to this section, the park component of the DIF was eliminated for the first 608 building permits for an initial park construction credit of $1,077,436.80. In addition, park construction costs that exceed this initial amount will be eliminated for residential units constructed in excess of 608 units until such time as the park fee credits available to the developer have been exhausted. As a result, the developer has submitted a detailed summary of park construction costs, which is currently under review by City staff. Pursuant to the completion of this review, a staff report will be forwarded to City Council for approval to determine the remaining DIF credits that will be provided to the developer for the construction of Temeku Hills Park. ATTACHMENTS: 1. Vicinity Map 2. Copy of Grant Deed R:/yasinobk/agendaa/temekuhillspark,grantdeed 121499 RECORDING REQUESTED BY: FIRST AMERICAN TITLE WHEN RECORDED MAIL TO: City Clerks Office City of Temecula 43200 Business Park Drive Temecula~ CA 92589 FREE RECORDING This instrument is for the benefit of the City of Temecula and is entitled to be recorded without fee (Govt. Code 6103). 2139093-CG SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TKANSFER TAX S __ Computed on the consideration or value of property conveyed; OR __ Computed on the consideration or value less liens or encumbrances remaining at lhe time of sale. APN: TRjk: GRANT DEED Signature of Declarant or Agent determining tax- Firm Name FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, M-A TEMEKU HILLS DEVELOPMENT, LLC., a Delaware limited liability company hereby GRANT(s) to CITY OF TEMECULA, a body corporate and politic the real property in the City of Temecula, County of Riverside, State of California, described as follows: SEE ATTACHED EXHIBIT "A" INCORPORATED HEREIN. Dated: I Z l' I q '~ M-A TEMEKU HILLS DEVELOPMENT, LLC., a Delaware Limited Liability Company BY: McMILLIN-AMERICAN LLC., a Delaware limited liability company, Manager BY: McMILL1N COMPANIES, LLC., its: 'T BY: its: ~ MAIL TAX STATEMENTS TO ABOVE ADDRESS State of California · county of On ILi,i'I4 before me, DEIt~r3 5. t)"",,e~,lt~G,TZ..a N.O~'ttt, JP~bl#~, personally appeared perso y known to me (,,r p~'gv~d to me on th= barb of satisfactory svidsn~e) to be the person(s) whose name(s) i~are subscribed to the within instrument and acknowledged to me that Pd.,:,:ic/they executed the same in his.a~r/their authorized capacity(ies), and that by hi: ~..z.-/their signature(s) on the mstxument the person(s) or the entity upon behalf of which the person(s) acted, executed the mstrttment. WITNESS my hand and official seal. Signature d[{'`'~'~d'V~ ~'~ /T2,t~¢[y COMM.# 1125049 z (This area for official notarial seal) State of California County of On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) m be the person(s) whose name(s) is/are subscribed to the within insmament and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notanal seal) TEMEKU PARK SITE EXHIBIT "A" A portion of Parcel 4 per Amended Parcel Map 21884, as filed in Book 152 pages 22 through 31 inclusive, of Parcel Maps, Records of Riverside County, within the City of Temecula, County of Riverside, State of California, more particularly described as follows: All of that portion of said Parcel 4, per said Amended Parcel Map 21884, lying Northerly and Easterly &Tract 23371-11 as filed in Book 275, Pages 48 through 55 inclusive, of Maps, Records of said County. Containing 11.432 acres more or less. Robert A. Stockton, R.C.E. 33591 License Expires 6-30-2002 Date: F'x 13193\legalsx193sd.wpd CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THE WITHIN GRANT DEED TO THE CITY OF TEMECULA, A POLITICAL CORPORATION AND/OR GOVERNMENTAL AGENCY, IS HEREBY ACCEPTED BY ORDER OF THE CITY COUNCIL THE DATE BELOW AND THE GRANTEE CONSENTS TO THE RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER. DATE Susan W. Jones, CMC/AAE City Clerk ITEM 14 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony J. EImo, Chief Building Official.,//t'v' December 14, 1999 Contract Inspection Services for Building and Safety RECOMMENDATION: That the City Council approve a First Amendment to an Agreement for Consultant Services with P & D Consultants, in an amount not to exceed eighty thousand dollars ($80,000), to provide supplemental building inspection services to the Building and Safety Department. BACKGROUND: On July 27, 1999, the City of Temecula entered into an Agreement with P & D Consultants for sixty thousand dollars ($60,000). At this time further funds in the amount of twenty thousand ($20,000) are needed to complete inspections for the Mall project, the Power Center and the out lots. Additionally, the City of Temecula also used the services of JAS Pacific, Inc. to provide Contract Inspection Services. We are no longer using this Consultant and would like to transfer this amount on that Agreement, to P & D Consultants. DISCUSSION: Construction activity has continued to increase, with the construction of the mall and anchor stores, along with the level of residential construction, it is necessary to supplement the regular inspection staff, with contract building inspectors. P & D Consultants has provided resumes of certified building inspectors that staff feels possess the experience and qualifications to assist the regular inspection staff in maintaining the current level of service to the development community. FISCAL IMPACT: No fiscal impact. We request a transfer of the remaining amount on JAS Pacific, Inc. Purchase Order in the amount of approximately twenty thousand dollars ($20,000). No further appropriation of funds will be necessary for this purpose. F: \DEPTS\BLDGSAFE\BROCKMEI\AGENDA\P&D CONSULTANTS FIRST AMENDMENT.DOC I 12/1/99 FORM OF AMENDMENT TO CONSULTANT AGREEMENT FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND P & D CONSULTANTS THIS FIRST AMENDMENT is made and entered into as of December 14. 1999 by and between the City of Temecula, a municipal corporation ("City" and P & D Consultants, (Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 27. 1999 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services" ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 4a of the Agreement is hereby amended to read as follows: "The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Eighty thousand dollars ($80,000~00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement." 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. F UDEPTSIBLDGSAFE~BROCKMEIMGMTSIFIRST /L~IENDMNT P& D.DOC I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Shawn D. Nelson, City Manager ATTEST: BY: Susan W. Jones, CMC/AAE, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT BY: P & D Consultants CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 27, 1999, between the City of Temecula, a municipal corporation ("City") and P & D Consultants, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: I. TERM. This Agreement shall commence on July 27, 1999. and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Sixty thousand dollars ($60,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPEI,,,.,ION OR TERMINATION OF AGREE~,.-,IT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OFCONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with wdtten notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting pdnciples and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the dght to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable wdtten request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With resp,~ct to the design of public improvements, .ne Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum ScoPe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Emptoyer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability adsing out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be pdmary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior wdtten notice by certified mail, return receipt requested, has been given to the City. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraoe. Consultant shall furnish the City with odginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services heraunder for City. ,.4ty shall not be liable for compensat,., ~ or indemnification to Consultant for injury or sickness adsing out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its off~cers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control. direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Exprass, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589~9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: P & D Consultants 999 Town & Country Road 4t" Floor Orange, CA 92868 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 15. LICENS,-~. At all times during the term of this Ag~ ~ement, Consultant shall have in full fome and effect, all licenses required of it by law for the performance of the services described in this Agreement· 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the dghts, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consuitant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. CITY OF TE LA Bi ' dd · , Mayor i Peter M. Thorson, City Attorney CONSULTANT By P & D Consultants Joh , J~residenZ ~ C,,~ EXHIBIT A TASKS TO BE PERFORMED Perform combination building inspection on an as-needed basis. EXHIBIT B PAYMENTSCHEDULE For and in consideration of the Contractor's services, inspection services shall be provided at the rate of $45.00 per hour, plus $.30 per mile for each mile accumulated while performing inspection services for the City. Should the City provide vehicular transportation for Contractor's use, no fees shall be charge for mileage. TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT NOVEMBER 16, 1999 An adjoumed regular meeting of the City of Temecula Community Services Distdct was called to order at 7:55 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Ford, Lindemans, Roberts, Stone, and Comerchero. ABSENT: 0 DIRECTORS: None. Also present were General Manager Nelson, City Attomey Thorson. and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Temeku Hills - Tract Nos. 23371. 28482, 28526, and 29033 (all phases) Service Level C Rates and Chames (located at the northeast comer of Mamadta and Rancho Califomia Roads) RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. 99-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C RATES AND CHARGES FOR TEMEKU HILLS - TRACT NOS. 23371, 28482, 28526, AND 29033 (ALL PHASES) BEGINNING FISCAL YEAR 2000-2001 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 2 Completion and Acceptance of Temecula Valley Museum Construction RECOMMENDATION: 2.1 Accept the project Temecula Museum as complete; 2.2 File a Notice of Completion and release the Performance Bond and the Materials and Labor Bond 35 days after the filing of the Notice of Completion. if no liens have been filed. R:\Minutes\l 11699 1 MOTION: Director Stone moved to approve Consent Calendar Item Nos. 1-2. The motion was seconded by Director Roberrs and voice vote reflected unanimous approval. DEPARTMENTAL REPORT Inviting the public to attend, Director of Community Services Director of Community Services Parker relayed the following upcoming activities: · The San Diego Padres Ribbon Cutting Ceremony scheduled to be held at 3:30 P.M., on Thursday, November 18, 1999 at the Sports Park. · The annual Santa's Electric Light Parade scheduled to be held at 7:00 P.M., on Thursday, December 2, 1999, on Jefferson Avenue, progressing norlhedy from Del Rio Road up to Ovedand Ddve. DIRECTOR OF COMMUNITY SERVICES REPORT No comments. GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No comments: ADJOURNMENT At 7:57 P.M., the Temecula Community Services Distdct meeting was formally adjourned to Tuesday, November 22, 1999, City Council Chambers, 43200 Business Park Ddve, Temecula, California. ATTEST: Jeff Comerchero, President Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] R:~Minutes\l 11699 2 ITEM 2 CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: PREPARED BY: General Manager/Board of Directors Genie Roberts, Director of Finance December 7, 1999 Financial Statements for the Three Months Ended September 30, 1999 William B. Pattison, Senior t , file RECOMMENDATION: That the Board of Directors receive and Statements for the Three Months Ended September 30, 1999. the Financial DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the three months ended September 30, 1999. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1999 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of September 30, 1999 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 1999 (Unaudited) Prepared by the Finance Department Temecula Community Services Dis~et Coralfining Balance Sheet AsofSeptember 30, 1999 Parks & 5errice Service Service Recreation Level A Level B Level C Cash and invesunents $ 364,153 $ 8,052 $ 289,443 Receivables 11,687 140 $ 337 4,552 Due from other funds 21,054 Total assets $, 396,894 $ 8,192 $ 337 $ 293,995 Liabilities and fund balances: Liabilities: Due to other funds Other currant liabilities $ 3,284 $ 115,599 $ 8,065 $ 35,794 115,599 8,065 3,284 35,794 Fund balances: Reserved 436,649 14,800 217,384 Designated 40,817 Undesignated (1) (155,354) (14,673) (2,947) Total fund balances 281~295 127 {2,947) 258,201 Total liabilities and fund balanees $ 396,894 $ 8,192 $ 337 $ 293,995 (1) Undesignated deficits are a result of assessment~special m revenues that are not received until January and May each year. Please note Umt these balances are unaudited T~cula Community Services Dish-ict Comb'ruing Balanc~ Slu~t As of September 30, 1999 Cash and investments l~c~ivables Due from other funds To~alass~ts Servic~ S~n4c~ D~bt Level D Level R S~vic~ Total $ 196,375 $ 16,514 $ 852,675 $ 1,727,212 4,373 202 17,002 38,293 21,054 $ 200,748 $ 16,716 $ 869,677 $ 1,786,559 Liabilities and fund balances: Liabilities: Due t~ otha f~nds Other current liabilities Fund balances: Reserved Designated Undesignated ( 1 ) Total fund balances Total liabilities and fund balances $ 3,284 $ 195 159,653 195 162,937 602 $ 502,690 1,172,125 199,951 $ 16,716 366,987 624,471 (172,974) 200,553 16,716 869,677 1,623,622 $,,, 200,748 $ 16,716 $, 869,677 $, 1,786,559 Pless~ not~ fitat these balances ar~ uanudited Temecula Ccmmnmity Services District Parks and Recreation Statenk~t of Revenues, Expenditures and Change~ in Fund Balance - Budget and Amsl %r the Three Months Ended September ~0, 1999 Annual Amended YTD Budget Activity Total Activity Special tax S 2,395,240 TCSD allrain f~ eredirt'REST" 1,290,000 $ 322,500 ~on programs 480,490 167,803 invesuneat interest 30,000 10, 150 lviiscellnneous 113,330 4,900 322,500 167,803 10,150 4,900 Total Revenues 4,309,060 505,353 505,353 Expenditures: Parks and recreation Seniors Community Recreation Center (CRC) Recreation programs Temecula Commumty Center ('rcc) Museum Operating transfen out Percemt of Budget Total Expenditures (~) 25% 35% 34% 4% (2) Revenues Over/(Under) Expenditures 12% 'ginning Fund Balance, July 1, 1999 1,046,673 1,046,673 Ending Fund Balance, September 30, 1999 $ 989,727 '$ 281,295 Notes: (I) Special tax is primarily received in January and May each fiscal year. (2) The variance is primarily due to C]P reimbursements not being recorded during the furst quarter. (3) The variance is primarily due to encumbrances that are recorded for landscape nmintamnce services for the antire year. (4) The variance is primarily due to se,~sonal personnel costs for recreation programs. (56,946) (%5,378) 4,366,006 1,270,731 437,090 1,707,821 39% 2,676,511 617,561 $ 359,661 977,222 37% (3) 109,950 23,807 8,253 32,060 29% (3) 370,120 85,310 25,365 110,675 30% (3) 407,990 146,004 15,436 161,440 4(P,4 (4) 141,024 35,773 10,205 45,978 33% (3) 177,006 30,054 18,170 48,224 27o4 483,405 332,222 332,222 69% Tem~cula Community Sen'ices District Service Level A Arterial Street Lights and Median Mainte~mncc Sta~-ment ofRevcau~, Expcnditutc~ and Changes in Fund p_qlsncc - Budget and Actual Forthe Three Months Ended September 30, 1999 Annual Am~d~l YTD Total Budget Activity Encumbr. Activity Special lax $ 196,950 Inv~slraont int~st 100 $ 140 $ 140 TCSD admin fee oredit'~REST" 76,000 19,000 19,000 Slteet lighting fees 9,480 7,099 7,099 Miscellaneous 1S ,000 223 ToUtl Revenues 297,530 26,462 2&239 Expenditures: Salaries and wages 2,890 675 675 Street lighting 240,000 55,677 55,677 Landscape maintenance 24,000 3,600 $ 12,950 16,550 Other operating expenditures 31,500 5,680 5,680 Total Expendittues Revenues Over/(Under) ExpendiV. tres Beginning Fund Balonce, July 1, 1999 Ending Fund Balance, September 30, 1999 Perceat of Budget (~) 140% 25% 75% 23% 23% 69% (2) lg% 298,390 65,632 12,950 78,582 26% (g60) (39,170) 39,297 39,297 $ 38,437 $ 127 Notes: (1) Special tax is primarily received in January and May each fiscal year. (2) The variance is primarily due to oncumbranees that are recorded for landscape maintenance services for the entire year. Temecula Commumty Services District Service Level B Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund lhlaueo - Budget ~nd Actual For the Three Months Ended September 30, 1999 Assessments Investment interest Street lighting fees Miscellaneous Total Revenues Expenditures: SUeet lighting Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1999 Ending Fund Balance, September 30, 1999 Annual Amended YTD Budget Activity Encurabr. 321,900 1,000 $ 337 11,200 9,720 1,600 100 335,700 10,157 328,000 77,852 7,700 73 335,700 77,925 (67,768) 64,821 64,821 $ 64,821 $ (2,947) Total Activity Percent of Budget 337 9,720 100 10,157 77,852 73 77,925 (1) 34% 87% 6% 3% 24% 1% 23% (1) Special tax is primarily received in January and May each fiscal year. Tcmccula Community Services DisU~ct Service Level C Pcrimet~ Landm-s~ng and Slope Maintenance Ststcment of Revenues, Expenditures and Chnn~es in Fund Balan~ - Budget and Actual Fs the Three Months Ended September 30, 1999 Inv~sUncnt interest Total Revenues Expenditures: Annual Ame~l~ YTD Budget Activity $ 559,840 $ 100 14,000 4,552 20,000 11,140 1,000 100 Total Percent Encumbr. Activi~ of Budget 594,840 15,892 Salaries end wages 114,420 Landscape maink*mmee 299,320 Utilities 135,600 Other expenditures 82,180 Total Expenditm~s Revenues Oval(Under ) Expenditures Beginning Fund Balance, July 1, 1999 EndingFundBalance, September30,1999 $ 23,098 69,679 61,042 10,680 $ 264,777 631,520 164,499 (36,680) (148,607) 406,808 406,808 370,128 $ 258,201 100 0%(1) 4,552 33% 11,140 56% 100 15,892 23,098 274,456 61,042 10,680 3% 20% 92% (2) 45% (3) 13% 204,777 369,276 58% Notes: ( 1 ) Asse"~ments are primarily received in January and May each fiscal year. (2) The vm'iunce is primarily due to encumbrances that are recorded for landscape maintenance services for the entire year. (3) The variance is primarily due to the seasonal utility usage (water). Temecula Conunity Services Dis~ct Sen, ice Level D Refuse Collection, Recycling end Street Sweepin~ Statement of Revenues, Expenditmes and Chan~es in Fund Balance - Budget end Actual For she Three M~nh~s Ended September 30, 1999 .~se~,.sments Inveslment interest Total Revenues Expenditures: Salaries end wages Refuse hauling Other expenditures Total Expenditures Revenues Over/CUnder) Expenditures Beginning Fund Balence, July 1, 1999 Ending Fund Balance, September 30, 1999 Annual Amended YTD Budget Activity 2,310,410 14,000 $ 2,324,410 4,372 4,372 27,440 6;.49 2,310,410 11,110 2,348,960 6;.49 (24,550) (1,877) 202,430 202,430 177,880 $ 200,553 Total Percent Encumbr. Activity of Budget $ 4,372 $ 602 6O2 4,372 6;.49 602 6,851 (1) 31% 0% 23% (2) 5% 0% No~s: ( 1 ) Aestssanents are pfimm'ily received in January and May each fiscal year. (2) Refuse hauling payments are made semi-annually (in Januaxy end July). 7 Temecula Community S¢~ric, cs District Service Level R Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and A~tual For the Three Months Ended Sept~nbor 30, 1999 Assessments Investment interest Total Revenues Expenditures: Emergency street maintenance Other expenditures Tom[ Expenditures Revenues Ovor/(Under) Expenditures Beginning Fund Balance, July 1, 1999 Ending Fund Balance, September 30, 1999 $ 11,660 5~ S ~2 12,160 202 17,080 80 17,1~ (5,000) 202 16,514 16,514 $ 11,514 $ 16,716 ( 1 ) Assessments are primarily received in January and May each fiscal year. Perc, e~t of Budget 202 202 (1) 40% 2% Tane~ula Community Services District Debt Service Fund Stat~nent of Revenuea, Expenditm~s and Changes in Fund Balance - Budget and Actroll For the Three Months Ended September 30, 1999 Ann~ Amend~ Totnl Budget Activit~ Operating transfers in $ 464,670 $ 332,222 Investment interest 35,600 8,501 Total Revenues 500,270 340,723 Expe~ditttrea: Debt service - principal 200,000 Debt service - interest 293,970 Other expenditures 6,300 Total Expenditures 500,270 Revenues Over/(Under) Expenditures 340,723 Beginning Yund Balance, July 1, 1999 528,954 528,954 Ending Fund Balanee, September 30,1999 $ 528,954 $ 869,677 Percent of Budget 71% 24% 68% (1) (1) ( 1 ) Debt service payments are made in October and April each year. ITEM 3 ITY A'FI'OR~'~YPROVAL,~t~ ~,, TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. PankeG Director of Community Services December 14, 1999 Temecula Library Design Contract PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors award a contract of $708,710 plus an additional $30,000 for raimbursables to LPA for the schematic design, design development and construction documents for the Temecula Library Project. DISCUSSION: On May 12, 1998, the City Council awarded a design contract to LPA for the programming, preliminary conceptual planning, and site selection services for the proposed Temecula Library. On April 13, 1999, the City Council approved the conceptual plan and site for the new library. Upon this approval, the Council directed staff to negotiate with LPA for a scope of services and compensation for the completion of schematic design, design development, and construction drawings for the library facility. The conceptual planning phase consisted of consideration of building massing, open space requirements, pedestrian/vehicular circulation, parking and potential building expansion. Programming was included in this phase, defining departmental and common area space requirements, functional adjacencies and circulation needs, and operational and technological requirements. The final phase of the project was site evaluation. Several potential sites were identified and discussed with the project committee, comprised of comprised of City Council Members Ron Roberts and Jeff Stone, representatives from the County Library Commissioner, Friends of the Library, County library staff, City staff, other interested parties and the consultants. The project committee recommended a site on Pauba Road just west of Parkview Fire Station No. 84. This site was subsequently approved by the City Council as the location for the new Temecula Library. Staff has obtained an aerial survey of the site for use by LPA in the preparation of their scope of services for the second design phase. Staff has also entered into an agreement for geotechnical services, which will be necessary for final design of the facility. Staff has negotiated with LPA for the final design phase, consisting of schematic design, design development and construction documents. Upon completion of this design phase, the project will be ready to bid. No funding source has been identified for construction of this project at this time. However, a State \\TEMEC_FS101 ~VOL1 ~DeptS\CSD~RUSEP~AGENDAS~ibrary design bid docs-LPA-bod.doc bond issue for libra~ construction will be on the March, 2000 ballot. The City Council has already appropriated the requisite 35% matching funds necessary to meet the bond requirements. Staff is aware that there will be additional costs for such services as construction management and soils and material testing during construction. Additional funding is available in the capital improvement budget for this project to cover these costs. Staff is also working with the Temecula Valley Unified School District to establish collaborative library programs. Such programs will make a grant application for the potential bond funds more competitive. Completing the construction documents and having a shelf ready set of plans will place the City in a more competitive position to take advantage of this or any other grant funding that might become available in the future for the completion of this project. FISCAL IMPACT: Total cost of the Professional Services Contract is $708,710, plus an additional $30,000 for reimbursables. This project is funded by Development Impact Fees and Capital Projects Reserves and was approved in the City's Capital Improvement Program for FY 1999/2000 in account number 210-199-129-5802. To date, funds in the amount of $58,000 have been expended for the conceptual plan, leaving sufficient funds available for the remaining design phase. \\TEMEC_FSI01 ~VOLI~Depts\CSD~RUSEP~AGENDAS'.Jibrary design bid docs-LPA-bod.doc CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES (TEMECULA LIBRARY) THIS AGREEMENT is made and effective as of December 14, 1999, between the City of Temecula Community Services Distdct ("District") LPA ("Consultant"). In consideration of the mutual covenants and conditions set forth herain, the parties agree as follows: 1. TERM. This Agreement shall commence on December 14. 1999, and shall ramain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2001, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent. perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The District agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herain by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. This amount shall not exceed Seven Hundred Eight Thousand Dollars Seven Hundred Ten and Nol100 ($708,710) and an additional Thirty Thousand Dollars and No/100 ($30,000) for reimbursables for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in wdting by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time District's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the Distdct disputes any of consultant's fees it shall give wdtten notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. P~Agreements\Consultant 99 I 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any podion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Distdct shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Distdct pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactonJ performance. In the event that the Consultant fails to cure its default within such pedod of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses. receipts and other such information required by District that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be cleady identi- fied and readily accessible. Consultant shall provide free access to the representatives of Distdct or its designees at reasonable times to such books and records, shall give District the dght to examine and audit said books and records, shall permit District to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a pedod of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all odginal documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Distdct and may be used, reused or otherwise disposed of by the District without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the District, upon reasonable written request by the District, one (1) copy of computer drawing files on diskette(s) in a format (DGN, DWG or DXF) as determined by the District.. P~Agreements\Consultant 99 2 c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the District, its officere, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attomey fees and expert witness fees, or liability of any kind or nature which the District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons. or damage to property adsing out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the District. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scol3e of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code I (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Workers Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker*s Compensation as required by the State of California; Employers Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. P',Agreements~Consultant 99 3 a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications, 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultanrs exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Consultant shall not incur or have the power to incur any debt. obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for District. District shall not be liable for compensation or indemnification to Consultant for injury or sickness adsing out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The District, and its officers and employees. shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Distdct's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives District notice of such court order or subpoena. b. Consultant shall promptly notify District should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. Distdct retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Consultant. However. District's right to review any such response does not imply or mean the right by District to control. direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) P~Agreements\Consultant 99 5 (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, offdais, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) (2) (3) (4) (5) The District, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers. officials, employees or volunteers. For any claims related to this project. the Consultanrs insurance coverage shall be primary insurance as respects the District, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. The Consultanrs insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the District. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Besrs rating of no less than A:VII. unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of CoveraGe. Consultant shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by P%Agreements\Cortmjitant 99 4 delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To District: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, Califomia 92589-9033 43200 Business Park Drive Temecula, Califomia 92590 Attention: City Manager LPA 17848 Sky Park Circle lrvine, CA 92614 Attention: Jim Wirick 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Jim Wirick shall perform the services described in this Agreement. Jim Wirick may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide District fourteen (14) days' notice prior to the departure of Jim Wirick from Consultant's employ. Should he leave Consultant's employ, the District shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The District and Consultant understand and agree that the laws of the State of Califomia shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. P%Agreements\Consultant 99 6 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. CITY OF TEMECULA Jeff Comerchero, President Attest: Susan W. Jones, CMC/AAE, City Clerk P%Agreements\Consultant 99 7 Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT LPA By: Name: Title: By: Name: Title: (Signatures of two corporate officers required for Corporations) P%Agreernents%Consuitant 99 8 EXHIBIT A TASKS TO BE PERFORMED P%Agreements~Consultant 99 9 GENERAL During the proiect, certain activities occur in each phase. These activities, described below, are non-sequential and may not be appFicable to all phases of the project. These activities include: 0.1 EXHIBIT A 0.2 0.4 Project Administration services consisting of administrative functions including: .01 Preparation of compensation estimates and professional services agreement(s). .02 Project-related research. .03 Conferences. .04 Communications. .05 Travel time. .06 Progress reports. .07 Direction of the work of in-house personnel. Disciplines Coordination/Document Checking services consisting of activities for' .01 Coordination between LPA's work and tile work of engineering and other involved disciplines for the Proiect. .02 Review and checking of documents prepared for the Proiect. Agency Consulting/Review/Approval consisting of activities inciuding: services .01 Agency consultations. .02 Research of applicable regulations. .03 Preparation of written and graphic explanatory materials. .04 Appearances with City staff at agency and community meetings. .05 Planning boards. Owner-supplied Data Coordination services consisting of activities including: .01 .02 .03 Review and coordination of data furnished for the Project as a responsibility of the City. Assistance to the City in obtaining existing drawings and related data. Site photography. TEMECULA LIBRARY SCOPE OF BASIC SERVICES LPA Reference No. 98057.20 TASK 1.0 PROGRAMMING SERVICES Completed in 98057.10. TASK 2.0 MASTER PLANNING Completed in 98057.10 The following Basic Services would commence following the completion of the Programming and Master Planning Phase. TASK 3.0 SCHEMATIC DESIGN 3.1 Confirm the Project Budget and Project Schedule. 3,2 Prepare a slide presentation for the City of Temecula that will illustrate examples of design character, stimulate discussions and assist in setting a design direction. 3.3 Based on tile approved Building Program, Project Schedule and Project Budget requirements, LPA shall prepare Schematic Design documents consisting of the following drawings and documents illustrating the scale and relationship of project components. .01 A site plan showing the Library building, parking lot and access roads. .02 Landscape concept. .03 A Floor Plan listing each space designated in the Library Building Program and identified by the area/space name assigned m the Building Program. This plan shall also provide conceptual furnishings and equipment layout. .04 A tabulation of the square footage for each area called for in the final Building Program compared to the square footage shown oil the Floor Plan. .05 A tabulation of the number of books, magazines and audio-visual materials called for in the Building Program compared to the number of books, magazines, and audio- visual materials which can be housed given the proposed Furnishings and Equipment Plan. The tabulation will also provide the conversion factors utilized (books per double faced unit, or books per linear foot, etc.) .06 A tabulation of the number of reader's seats by area called for in the Building Program compared to the number of reader's seats shown on the Furnishings and Equipment Plan. .07 Exterior Elevations of all four sides of tile building showing general locations of openings, roof lines, grade lines, etc. LPA 3.6 3.7 3.8 .08 Two sections through the building, one longitudinal and one latitudinal. .09 Three sketch renderings; one interior, two exterior (Estimated value at $5000). Continue discussion regarding acoustics, technolo~Ry, security, and FF&E. Audio/visual systems to be discussed as required. LPA to develop a preliminary budget estimate based upon schematic design drawings. LPA shall assist the city staff in securing design approvals from the City of Temecula. TASK 4.0 DESIGN DEVELOPMENT 4.1 Based upon the approved Schematic Design documents and any adjustments authorized by City of Temecula in the Proiect Schedule or Project Budget, LPA shall prepare Design Development documents consisting of the following drawings and other documents to affix and describe the size and the character of the project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate: .01 Site Plan (within the Project Limits) showing all buildings on the site, access roads, parking, topography, survey control points, bench marks, drainage, roads and sidewalks, routing of sewer, water, gas and other utilities. .02 Architectural Floor Plan showing complete functional layout, room designations, major dimensions and furnishings and equipment. .03 A tabulation of the square footage for each area called for in the final Building Program compared to the square footage shown on tbe Floor Plan. .04 Reflected Ceiling Plan which indicates the lighting system proposed for the project. This lighting system plan shall be overlaid on the furnishings, equipment and signage plan. .05 Electrical and data distribution systems plan overlaid on the furnishings, equipment and signage plan. ,06 Dimensioned Exterior Elevations. .07 Two Building Sections indicating the relationship of various levels, floor to ceiling heights, construction systems and materials. .08 Signage Schedule. .09 Landscape Plan with plant material types, locations, lighting plan proposed site features and furnishings. TASK 5.1 5.2 5.3 .10 TEMECULA LIBRARY SCOPE OF BASIC SERVICES LPA Reference No. 98057.2_0 A color and materials sample board indk major interior and exterior colors and finishes. 5.0 CONSTRUCTION DOCUMENTS Based on the approved Design Development documents and any further adjustments in the scope or quality of the Project, or in the Project Budget, LPA shall prepare Construction Documents and Specifications setting forth, in detail, the requirements for the construction of the proiect, LPA to prepare preliminary budget estimate at 60% construction documents. LPA will assist City of Temecula in submitting any documents required for the approval of governmental authorities having jurisdiction over the Project. 5,4 Pre-Procurement Furniture Services: Meet with City of Temecula to finalize: Insurance & bonding requirements. Competitive bidding requirements. FF&E procurement terms and conditicms. Bidding procedures. Review existing group purchase agree including City agency agreements for possible application to the library project. Develop procurement strategies for each category of FF&E including dealer provided furnishings, and direct purchase items, Develop a master control list of all FF&E items indicating status of each item from award of bid through follow-up on corrective work. Provide monthly updates through installation. Based on outline specs and design documentation provided by LPA Basic Services, develop detailed furniture specs together with general conditions and performance requirements for bidding and negotiation by suppliers. LPA TASK 6.0 6.1 6.2 TASK 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7,10 7.11 7.12 BIDDING/NEGOTIATION LPA to submit one (1) set of reproducibJes for City to distribute to contractors. LPA to answer issues as they arise during bidding. 7.0 CONSTRUCTION ADMINISTRATION LPA will visit the site at intervals appropriate to the stage of construction. LPA will attend bi-weekly on-site scheduled meetings to discuss the status of the on-going construction for the agreed upon length of construction. (Assume 30 visits.) LPA will review and approve or take other appropriate action upon contractor's submittals such as shop drawings, product data and samples. LPA will provide input for City prepared Change Orders and Construction Change Directives with supporting documentation and data if deemed necessary. LPA will respond, in writing, to all requests for reformation statements (RFI's) issued by the col/tractor. Review contractor as-builts on monthly basis· LPA will coilduct a final walk through review of the construction project and note for submission to the Owner any deficiencies in the work. Review furniture storage, delivery, installation and moving alternatives and present recommendations for approval· Review potential suppliers of ancillary services including art, plants, refinishers, etc. and present recommendations for approval. Develop and distribute proposal requests to qualified suppliers, respond to questions and provide clarifications as necessary to secure comparable competitive bids. Upon receipt of FF&E bids, analyze for completeness; compare qualifications, services; and prices and make recommendations for approval. Notify selected FF&E suppliers and negotiate final terms. 7.13 7.14 7·15 7.16 TEMECULA LIBRARY SCOPE OF BASIC SERVICES LPA Reference No. 98057.20 Work with the City of Temecula to submit procurement documentation to suppliers. Follow-up during manufacture to monitor schedule and progress, answer questions and provide alternative selections as necessary. Review acknowledgements and update the master control list. Installation Administration Services: .01 Beginning one month from installation conduct weekly coordination meetings on-s~te to answer questions, finalize delivery dates and installation procedures, confirm building and parking availability and establish installation policies· .02 Assist with coordination of installers and move coordination provided by the City to scbedule and monitor FF&E installation, .03 Confirm completeness of installed FF&E items and develop a corrective work list of missing or corrective measures required. .04 Review payment requests and submit for payment· 7.17 Post Occupancy Follow-up: .01 Follow-up to conclusion of corrective work items. .02 Review final payment requests and submit for payment. 8.0 8.1 BASIC SCOPE OF SERVICES The following consultants are included in our basic scope: .01 Architectural. .02 interiors· 03 Signage and graphics. .04 Landscape (including design, as required). .05 Structural. ,06 Mechanical. .07 Plumbing. .08 Fire Protection (design-build). .09 Electrical. · 10 Acoustician .11 Computer/cabling. .12 Security .13 Audio/Visual (as required). .14 FF&E procurement. · 15 Library consultant. .16 Costestimator. irrigation, fountain LPA 8.2 The following consultants are contracted to the City directly: .01 Soils. .02 Testing and inspection, including: -Concrete, steel, glulam -Window wall -Roofing (as desired) -Waterproofing (if required) .03 Grading and staking verification (as required). 8.3 Additional services by LPA may include: .01 Assistance in fundraising activities. .02 Creation of promotional materials. TEMECULA LIBRARY SCOPE OF BASIC SERVICES LPA Reference No. 98057.20 Our base fee is 10% of the construction budget construction budget below). Please note that a separate agreement will apply to the off-site improvements when that scope has been determined. The percentage by phase breakdown is as follows: A. Masterplan/Programming: Programming - completed Master Planing - completed $34,000 $24,000 Completed under 98057.10 $58,000 B. Base Fee Please note that services will be billed on a monthly basis per percentage of completion of each phase. Schematic Design Design Development Construction Documents Bidding Construction Observation 106,307 177,177 262,223 21,261 141,742 Su btota I $ 708, 710 C. Reimbursables (estimated) D. Total this work $73c This fee is subject to change with changes in scope, schedule and budget. BASIC HOURLY RATES Principal $130.00 Senior Project Manager $115.00 Managing Professional $105.00 Senior Professional $ 95.00 Professional $ 85.00 Professional Staff $ 75.00 Intermediate Staff $ 65.00 Staff $ 60.00 Word Processor $ 50.00 Clerical Staff $ 45.00 Intern $ 40.00 Computer Aided Design and Drafting (CADD) $ 30.00 NOTE: These rates became effective February 1, 1998 and are subject to change annually. Reimbursables cover the following: · The expenses for reproductions of drawings, pl_.ans and construction documents, including C ~ vellum plotting, postage, deliveries. · Excludes professional models, renderings. · Excludes bid set and construction printing. LPA TCSD DEPARTMENTAL REPORT APPROVAL City ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: December 14, 1999 SUBJECT: Departmental Report PREPARED BY: Gail L. Zigler, Administrative Secretary The Santa Gertrudis Creek Trail undercrossing construction project is complete and is currently in use. This project will provide a safe link to the Santa Gertrudis Creek Trail, by undercrossing Winchester Road (State Highway 79 North). A ribbon cutting ceremony is scheduled for January 13, 2000. Staff released a Request for Qualifications (RFQ) for the design of an aquatic facility to be constructed at Chaparral High School. Four firms responded to the RFQ, and two firms were interviewed. A Scope of Services Agreement was approved by the Board of Directors on December 7, 1999, with the number one ranked firm, RJM Design Group. The Community Services Department has released a Request for Qualifications to do a feasibility study for the construction of a sports complex facility for the City of Temecula. The RFQ was sent to approximately 20 firms and the deadline for submitting was Friday August 20, 1999. Seven firms responded to the RFQ. Staff is reviewing the proposals at this time. Staff has negotiated a contract with LPA for the final construction documents and specifications for the Temecula Library, which will be coming forward to City Council on tonight's agenda. The first project committee meeting to determine the design detail elements will be scheduled for January 2000. The City Council recently awarded a contract to AMS Planning and Research to prepare the Children's Museum Feasibility Study. The first sub-committee meeting will be held on December 14, 1999. Following the meeting, the consultant will be conducting individual key informant interviews on December 14 and December 15, 1999. F:~DEFrS\CSD\ZIGLERGXXDEFFRFI'X9912 .doc On December 1, 1999, the City of Temecula celebrated their 10 year anniversary with a dinner dance at the Temeku Golf Course Ballroom. The event was attended by over 200 guests and the festivities included a buffet dinner, guest speakers, a video presentation, and Wall of Honor and Heritage Plaque awards presentation ceremony. On Thursday, December 2, 1999, the City held their 7t~ annual Santa's Electric Light Parade. This year's event had over 85 entries and was attended by approximately 25,000 spectators. Currently staff is coordinating the judging of entries in the annual Holiday Lights and Festive Sights entries. Saturday, December 11, 1999 the annual Breakfast with Santa and Winter Wonderland event was held at the Community Recreation Center. Following this event, there was an awards ceremony for the Santa's Electric Light Parade and the Holiday Lights and Festive Sights event. Finally, the City held a community wide birthday celebration at 2:00 PM. There was birthday cake, music and "Temmy" the Community Services Department mascot made a special appearance. On December 9, 1999, the Winter/Spring 1999-2000 issue of the Guide to Leisure Activities, was mailed out to Temecula residents. As with each edition of the recreation brochure, the Recreation Division has included new and exciting programs, along with our regular programs. The Maintenance Division continues to oversee the maintenance of parks and recreation facilities, as well as all other City owned public buildings and facilities. The Maintenance Division worked closely with staff to prepare for the City's 10 Year Anniversary Celebration, the Santa's Electric Light Parade, the Tree Lighting Ceremony in Old Town Temecula, and the Lighting of the Menorah at Sam Hicks Monument Park. F:\DEFrS\CSD\ZIGLERG~XDEFFRFl'\9912.do¢ D~mbef 9, 1999 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY NOVEMBER 16, 1999 An adjourned regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:57 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Ford, Roberrs, Stone, and Lindemans. ABSENT: 0 AGENCY MEMBER: None. Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Purchase and Sale Aareement for a residential site in the Puiol Area RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. RDA 99-2t A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED AT 28640 PUJOL STREET IN THE CITY OF TEMECULA MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 1. Agency Member Ford seconded the motion and voice vote reflected approval with the exception Agency Member Stone who abstained. DEPARTMENT REPORT No comments. EXECUTIVE DIRECTOR'S REPORT Executive Director Nelson commended Chairman Lindemans for his leadership with respect to the Temecuta Redevelopment Agency. AGENCY MEMBERS' REPORTS No comments. R:\Minutes\111699 t ADJOURNMENT At 7:58 P.M., the Temecula Redevelopment Agency meeting was formally adjoumed to an adjoumed regular meeting, November 22, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California. Karel Lindemans, Chairman ATTEST: Susan W. Jones, CMC/AAE City Clerk/Agency Secretary [SEAL] R:%Minutes\l 11699 2 ITEM 2 TO: FROM: DATE: SUBJECT: " APPROVAL EXECUTIVE DIR. CITY OF TEMECULA TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Agency Members ·/A/)XNilliam G. Hughes, Director of Public Works/City Engineer December 14, 1999 Approval of Cooperative Agreement with the City for Construction and Funding of Old Town Southside Parking Lots - Project No. PW98-16 PREPARED BY: Brian Gulllot, Assistant Engineer - Capital Projects RECOMMENDATION: That the Redevelopment Agency Board: Approve an Agreement entitled "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Old Town Southside Parking Lots. Authorize the Chairperson to execute the Agreement on behalf of the Agency in substantially the form attached to the Agenda Report. Authorize the budgeted expenditure of $900,000 by the Redevelopment Agency for the Agency's share of costs to date and project costs incurred as approved by the City or Agency. BACKGROUND: The City's Capital Improvement Program includes the construction of parking lots on the south side of Old Town. The project is located within the Project Area of the Temecula Redevelopment Project Area 1988-1. The Agency's planning also calls for this Project to be potentially funded by the Agency. The Community Redevelopment Law, a Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (c) specifically authorizes such cooperative agreements allowing a city and a redevelopmerit agency to assist each other in the construction and installation of streets, roads, water, sewer, or drainage facilities. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds for construction within or benefiting the Project Area. r: \agdrpt\99\ 1214\rdacoopg8-16 Completion of this Project will promote the goals of redevelopment, as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Program. The Project will also induce private investment in, and promote expansion of the commercial/retail areas served by the parking lots within the Project Area through improved access, and promote expansion of employment opportunities within the commercial/retail areas served by the parking lots within the Project Area. The attached Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of the Old Town Parking Lot improvements will implement the funding plans of the City and the Agency. FISCAL IMPACT: The Old Town Southside Parking Lot is a Capital Improvement Project funded through Redevelopment Agency Funds. A total of $900,000 has been budgeted by the Agency for this project. ATTACHMENT: Cooperative Agreement 2 r:\agdrpt%99%1214%rdacoop98-16 COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR THE OLD TOWN SOUTHSIDE PARKING LOTS PROJECT NO. PW98-16 THIS COOPERATIVE AGREEMENT made and effective as of December 14, 1999 by and between the City of Temecula, a municipal corporation ("Ci~'' ~ and the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ( 'Agency~ ). In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each part,/ finds and determines to be lrue and correct: a. The Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of re, development projects. Sections 33220 (b) and (c) specifically authorize such cooperative agreements between a city and a re, development agency to assist each other in the construction of parking lots on the south side of Old Town. b. The Redevelopment Plan for the Temecula Redevelopment Prc~iect Area 1988-I specifically authorizes the expenditure of Agency funds on road construction within or bene~ting the Project Area. c. The Old Town Southside Parking Lots. Project No. PW98-16 is a part of the City's Capital Improvement Program and is located within the Project Area of Temecula Redevelopment Project Area 1988-1. d. Completion of the Prqiect will benefit the Project Area and will assist in ,,he elimination of blight within the Project Area as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Program within the Project Area, induce private investment in and promote expansion of the commercial areas served by the interchange within the Prqiect Area through improved freeway access, and promote expansion of employment opportunities within the commercial areas served by the interchange within the Project Area, among others. No other reasonable means of financing the improvements are available to the commu~ty. 2. The City and the Agency agree to cooperate and share responsibility for the design and construction of the Project in accordance with the terms of this Agreement. 3. The City shall undertake the following responsibilities with respect to the Prqiect: a. Prepare the necessary engineering and environmental studies for the Pn~ject; b. design the necessary improvements filr the Project; c. acquire necessary rights~ot~way for the Project; d. prepare necessary plans, specification> and hid documents for the Proiect; oblain all necessary permits and endtlement~ from Caltrarts and other public agencies; solicit bids and award construction contracts for the Pr~iect; and administer the construction contracts. 4. The Agency shall pay for all Project costs, except for such cost~ as the Ci~ is obligated to pay pursuant to this Agreement. City shall pay the costs of acquiring ~he right-of-way for the Project, which costs shall include the costs of tide reports, appraisers, right-of-way agents. and attorneys. Agency shall, however, reimburse City for its payments made for the value of the right-of way acquired. 5. The City Manager, upon the recommendation of the Director of Finance, shall determine the allocation of costs between the City and Agency pursuant to this Agreement and his or her determination shall be final. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA BY: Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC/AAE, City Clerk REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA BY: Ron Roberts, Chairperson Attest: Susan W. Jones, CMC/AAE, Agency Secretary Approved As to Form: Peter M. Thorson, City Attorney/Agency General Counsel ITEM 3 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Agency Members William G. Hughes, Director of Public Works/City Engineer December 14, 1998 Approval of Cooperative Agreement with the Temecula Redevelopment Agency for Pujol Street Sidewalk Improvements - Project No. PW98-17 PREPARED BY: Amer Attar, Senior Engineer - Capital Projects Hasib Baha, Assistant Engineer - Capital Projects RECOMMENDATION: That the Redevelopment Agency Board: Approve an Agreement entitled "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for Pujol Street Sidewalk Improvements." Authorize the Chairperson to execute the Agreement on behalf of the Agency in substantially the fon'n attached to the Agenda Report. Authorize the budgeted expenditure of $105,000 by the Redevelopment Agency for the Agency's share of costs to date and future project costs incurred as approved by the City or Agency. BACKGROUND: The City's Capital Improvement Program includes the construction of sidewalk, curb, gutter and pavement on Pujol Street from First Street to Sixth Street and a portion of the Sixth Street, Project No. PW98-17. This Sidewalk Improvement is located within the Project Area of the Temecula Redevelopment Agency Project Area 1988-1. The Agency's planning also calls for this Project to be funded partially by the Agency. The Community Redevelopment Law, a Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevetopment projects. Sections 33220 (b) and (c) specifically authorizes such cooperative agreements allowing a city and a redevelopment agency to assist each other in the construction and installation of streets, roads, water, sewer, or drainage facilities. The Redevelopment Plan for the Temecula Redevelopment Agency Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefiting the Project Area. r: ~agdrpt~ 99\ 1214\rd acoop 98-1 Completion of this Project will promote the goals of the redevelopment, as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Program. The attached Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of the Pujol Street Sidewalk Improvements will implement the funding plans of the City and the Agency. FISCAL IMPACT: The Pujol Street Sidewalk Improvements Project is a Capital improvement Project funded through Community Development Block Grant, AB 2766 and Redevelopmerit Agency funds. A total of $105,000 has been budgeted by the Agency for this project. ATTACHMENT: Cooperative Agreement r:\egdrpt%99\l 214\rdacoop98-17/ajp 2 COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR THE PUJOL STREET SIDEWALK IMPROVEMENTS PROJECT NO. PW98-17 THIS COOPERATIVE AGREEMENT made and effective as of December 14, 1999 by and between the City of Temecula, a municipal corporation ("City") and the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ("Agency'). In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each party finds and determines to be true and correct: a. The Community Redevelopmerit Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planrang, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (c) specifically authorize such cooperative agreements between a city and a redevelopment agency to assist each other in the construction of sidewalk. curb, guRer and pavement on Pujol Street from First Street to Sixth Street. b. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefiting the Project Area. c. The Pujol Street Sidewalk Project, Project No. PW98-17 is a part of the City's Capital Improvement Plan and is located within the Project Area of Temecula Redevelopment Project Area 1988-1. d. Completion of the Project will benefit the Project Area and will assist in the elimination of blight within the Project Area as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Plan within the Project Area, induce private investment in and promote expansion of the commercial areas served by the interchange within the Project Area through improved freeway access, and promote expansion of employment opportunities within the commercial areas served by the interchange within the Project Area, among others. community. No other reasonable means of financing the improvements are available to the 2. The City and the Agency agree to cooperate and share responsibility for the design and construction of the Project in accordance with the terms of this Agreement. 3. The City shall undertake the tollowing responsibilities with respect to the Project: a. Prepare the necessary engineering and environmental studies for the Project; b. design the necessary improvements for the Project; c, acquire necessary rights--of-way tbr the Project; R:\cip/proiccts/pw98Xpw98-17\coop,rda/aip prepare necessary plans, specifications and bid documents for the Project; obtain all necessary permits and entitlemerits from Caltrans and other public agencies; solicit bids and award construction contracts for the Project; and administer the construction contracts. 4. The Agency shall pay for all Project costs, except for such costs as the City is obligated to pay pursuant to this Agreement. City shall pay the costs of acquiring the right-of-way for the Project, which costs shall include the costs of title reports, appraisers, right-of-way agents, and attorneys. Agency shall, however, reimburse City for its payments made for the value of the right-of-way acquired. 5. The City Manager, upon the recommendation of the Director of Finance, shall determine the allocation of costs between the City and Agency pursuant to this Agreement and his or her determination shall be final. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA BY: Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC/AAE, City Clerk REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA BY: Ron Roberts, Chairperson Attest: Susan W. Jones, CMC/AAE, Agency Secretary Apprnved As to Form: Peter M. Thorson, City Attorney/Agency General Counsel R:\cip\proiccls\pw98\pw9g-17\coop.rda/ajp 2 ITEM 4 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Genie Roberts, Director of Finance December 7, 1999 Financial Statements for the Three Months Ended September 30, 1999 PREPARED BY: Tim McDermott, Assistant Finance Director William B. Pattison, Senior Accountant ~ RECOMMENDATION: That the Agency Members receive and file the Financial Statements for the Three Months Ended September 30, 1999~ DISCUSSION: The attached financial statements reflect the unaudited activity of the Redevelopmerit Agency for the three months ended September 30, 1999. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 1999 TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of September 30, 1999 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 1999 (Unaudited) Prepared by the Finance Department Temeeula Redevelopmerit Agency Combining Balance Sheet As of Septt~nber 30, 1999 Assets: Cash and invcshnents Receivables Due from other funds Land held for resale Total as~ts Low/Mod CIP Debt Fund Fund Service Total $ 4,351,157 $ 896,965 $ 4,015,411 $ 9,263,533 1,576,535 414,014 133,459 2,124,008 362,064 362,064 2,103,053 2,103,053 $ 5,927,692 $ 3,414,032 $ 4,510,934 $ 13,852,658 Liabilities and fund balances: Liabilities: Other current liabilities Due io other funds Deferred revenue Total liabilities Fund balances: Reserved Designated Total fund bahraces Total liabilities and fend balances 23,545 $ 285,838 $ 58,918 $ 368,301 362,064 362,064 647,510 157,059 804,569 671,055 804,961 58,918 1,534,934 5,256,637 2,771,388 1,448,920 9,476,945 (162,317) 3,003,096 2,840,779 5,256,637 2,609,071 4,452,016 12,317,724 $ 5,927,692 $ 3,414,032 $ 4,510,934 $ 13,852,658 Please note that these balances arc unaudited City ofTemecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopmerit Agency Low/Moderate Income Housing For the Three Months Ended September 30, 1999 Annual Amended YTD Total Budget Activity Encumbr. Activity Property tax increment $ I, 159,000 Investment interest 110,000 $ 57,924 $ 57,924 Rental income 10,875 10,878 Miscellaneous 8,752 8,752 Total Revenues 1.269,000 77,551 77,551 Percent of Budget (I) 53% (2) 6% Expenditures: Salaries and wages 202,150 45,209 $ 2,007 47,216 Operating and adm inistra0 ve expenditures 261,120 48,999 18, 154 67, 153 Homebuyer programs 400,000 66,300 1,500 67,800 Residential rehabilitation programs 1,000,595 52,969 13, 151 66, 120 Housing development & acquisition 3,700,000 Affordable housing / future obligation 435,000 305,000 Total Expenditures 5,998.865 518.477 Revenues Over/(Under) Expenditures Beginning Fund Balance, July I, 1999 (4,729,865) (440,926) 5,697,563 5,697,563 Ending Fund Balance, September 30, 1999 $ 967,698 $ 5,256,637 23% 26% 17% 7% 305.000 70% (3) 34,812 553,289 9°/0 Notes: (I) Property tax imcrement is received in January and May each fiscal year. (2) The variance is due to a greater than anticipated cash balance at the beginning of the fiscal year (3) The variance is due to the annual payment to Temecula Gardens LP being issued in the first quarter. City ofTemecula Redevelopment Agency Statement of Revenues. Expenditures and Changes in Fund Balance ~ Budget and Actual Redevelopmere Agency-CIP F,- ' - Three Months Ended September 30. 1999 Annual Amended YTD Budget Activity Revenues: Invesnnent interest $ 97.000 $ 6.894 Rental income 25,655 Loan interest 16. I O0 2,747 Operating transfers in 3,702, 130 276350 Total Revenues 3,815 230 311,646 Encumbr. Total Activity $ 6.894 25,655 2.747 276.350 311.646 Capital Projects: ( 1 ) Winchester Road interchange 34.685 First Street bridge 4.499,862 Front Street widening I, 172 Old Town streetscape 198,790 Freeway signs Old Town 68,500 Old Town central parking 175,000 Operating transfers out 1,301.000 Operations and Maintenance: Salaries and wages 84,430 Operating and administrative expenditures 144,700 City admin charges 25,000 Consulting services 43,730 ' "~1 services 30,000 r participation agreements 3 I ~ .~ Fown plan implementation 22,854 Old Town development incentives 206,000 Old Town building facades 181,486 Banner program 22,000 Percent of Budget 7% 17~b 7% 8% $ 34,685 34,685 100% 14,981 142.733 157,714 4% 1,172 1.172 100% 32,873 165,917 198,790 100% 3L500 38.500 56% 18,093 142 18,235 22% 14,577 11,789 26,366 18% 6250 6.250 25% 801 13,608 14,409 33% 4~070 4,070 14% (2) 9,895 6,954 16.849 74% 22,048 34.090 56.138 31% Total Expenditures 7,349,209 123.588 449,590 573~ 178 8% Revenues Over/(Under) Expenditures (3,533,979) 188,058 2,421,013 2,421,013 $ (1.112,966) $ 2,609,071 Beginning Fund Balance. july 1, 1999 Ending Fund Balance, September 30, 1999 NOteS: ( 1 ) The variances in CIP project expenditures and operating transfers out are due to the timing of when the various projects are started. (2) The Costco owner participation agreement is not paid until April of each fiscal year. City of Temccula Redevelopmere Agency Statement of Revenucs~ Expenditures and Changes in Fund Balance - Budget and Actual Redevelopmerit Agency - Debt Scr'qice For the Three Months Ended September 30, 1999 Amended YTD Budget Activity. Property tax increment $ 4.636,000 Investment interest 170.000 $ 45,660 Advances from other funds 75,750 18,937 Deferred passthrough 896.820 Total Revenues 5,778,570 64,597 Expenditures: Passthrough agreements Debt serqice - principal Debt service - interest Trustees admin fees Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1999 Ending Fund Balance, September 30, 1999 3,422,000 690,000 992,320 7.500 1.988.360 7,100.180 (I,321,610) 5.067,289 $ 3.745,679 398,212 5,308 276,350 679.870 (615,273) 5.067,289 4,452,016 Percent of Budget 27% 25% (2) I% (2) 40% (3) 71% 14% 10% Notes: (I) Property tax increment is received in January and May each fiscal year. (2) Passthroughs are recognized when the property tax increment is received (see note I ). (3) Debt service payments on the tax allocation bonds are made in August and February each year. ITEM 5 TY TT APPROVAL Cl A ORNEY TEMECULAREDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: Executive Director/Agency Board John Meyer, Housing and Redevelopment Manage..C~L~ DATE: December 14, 1999 SUBJECT: Rehabilitation of Old Town Plaza (Circle K) in Old Town Prepared By: Joyce Powers, Senior Redevelopment Analyst RECOMMENDATION: Adopt a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND OLD TOWN PLAZA OWNERS DATED AS OF DECEMBER 14, 1999 FOR THE FACADE IMPROVEMENTS TO THE OLD TOWN PLAZA WITHIN REDEVELOPMENT PROJECT NO. 1-1988 BACKGROUND: The Old Town Plaza, adjacent to the north entry gateway arch, was built in the mid-1980's. As a result, it is inconsistent with the design guidelines of the Old Town Specific Plan, In addition, the Plaza has experienced many difficulties over the past several years and has fallen into a state of disrepair. The new ownership has met with staff to review its vision for the Plaza. Subsequently, a facade improvement proposal was submittad to the Agency, which was reviewed by the Agency Board in July 1999. The owners have estimated a construction budget of $105.500 to renovate the plaza in a manner consistent with the Old Town Specific Plan. The impmvaments include a complete stucco change, rock work and arches at all columns, redesigned parabet walls, lighting, signage and handicap accessibility improvements. DISCUSSION: Under the Facade Improvement Program parameters, the applicant would be eligible to receive $20,000 in grant funds. The parameters also allow the Agency Board to consider additional funding on a case by case basis. Bosad on eadier Board direction, staff has negotiated the following assistance package and prepared the appropriate documents: R :%p~wersj~staff reports~OId Town Plaza 12-14-99 Ownership Contribution: $ 25,000 Redevelopment Agency Grant: $ 25,000 Redevelopmerit Agency Loan: $ ,55,500 ProjedTotal: $105,500 The loan of $55,500 has a 13-year term and an interest rate of five percent (5%). Payments are deferred for the first three years, then fully amortized over the remaining ten years. A Deed of Trust will be recorded against the property to secure the loan. The current market value of the property exceeds the total of the first mortgage and the proposed Agency loan. The renovation of the Old Town Plaza is an important key to the overall revitalization of Old Town, perticulady due to its focal location. This project will also complement the streetscape improvements and the opening of the Ternecula Valley Museum. The proposed renovations will not only remove blight but will serve as a notable gateway into Old Town. FISCAL IMPACT: This project will be funded by the FaCAde Improvement Pmgrem, which is included in the FY 99-00 Capital Improvement Program (Account #280-199-813-5804). There are sufficient funds available for this project. ATTACHMENT: 1. Resolution 2. Owner Paffidpation Agreement R:~oowersj~staff repods~OId Town Plaza 12-I 4-99 2 ATTACHMENT NO. 1 RESOLUTION RESOLUTION NO. RDA 99- A RESOLUTION OF THE, BOARD OF DIRECTORS OF THE REDEVEL- OPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BE17~VEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECUIA AND OLD TOWN PLAZA OWNERS DATED AS OF DECEMBER 14, 1999 FOR THE FACADE IMPROVEMENTS TO THE OLD TOWN PLAZA WITHIN REDEVELOPMENT PROJECT NO. 1-1988 THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECUL~ DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Dire~ors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: a. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. b. On June 12, 1988, the Boaxd of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91 ~08, 91 - 11, 91 - 14, and 91 - 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopmere Agency of the City of Temecola assumed jurisdiction over the Plan as of july 1, 1991. c. The project proposed by OLD TOWN PLAZA PARTNERS, LLP, Richard G. Gabriel and Marilyn F. Gabriel Trustees of the Gabriel Trust, James N. Senechal, Trustee of the James N. Senechal Declaration of Trust, David L. Phares and Susie G. Phares, Thomas H. Maxwell and Janice M. Maxwell, and Wayne F. Whitehurst (collectively 'X)wner") pertains to property located at 28410 Front Street in the City of Tamecula ("Site"), which is within the Project Area. d. The Project to be developed on the Site pursuant to the Owner Participation Agreement ("Agreement") will ccnsist of facade improvements to the shopping center on the Site. e. The Agreemere is consLstent with the gedevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area adopted by the A~ency. f. The development of the Site as required by the Agreement will assist in the e'hmination of blight in the Project Area as identified in the proceed'rags establishing the Project Area in that development of project on the site would: (1) Provide for enhanced public service infrastructure, as identified in the proceedings; (2) promote the preservation and enhancement of the Old Town Area in accordance with the goals and objectives of the Plan and the Old Town Specific Plan; (3) promote the expansion of the Project Area's conunercial base and local employment opportunities to provide employment for the Old Town Area; (4) assist in the continued development of the Old Town Area as a tourist destination and enhancement of the tourist industry as a major force within the Community;, (5) encourage and provide for development of vacant properties in accordance with the Plan and the Old Town Specific Plan. g. The redevelopmerit of the Site as provided in the Agreement and Ground Lease is consistent with the City's General Plan and the Old Town Specific Plan. h. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requh ements. i. This Agreement pertains to and affects the ab'dity of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby ~rther finds, determines and declares that: a. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and c~nh~ied prior to adoption of the Plan. Additionally an environment review was completed and certified in 1994 for the adoption of the Old Town Spec'ific Plan. Since the preparation and certification of that Environmental Impact Report, subsequent changes have not been proposed in the subject project or in the amendment to the Redevelopment Plan which will require important revisions of the previous EIR due to the involvement of new si,,~,nificant environmental impacts which were not considered in the previous EIR. Additionally, substantial changes have not occurred with respect to the circumstances under which the Redevelopment Plan Amendment has been undertaken which would require important provisions in the previous EIR due to the involvement of significant environmental impacts not covered in R:~wersl'~sohli~31d Te~m Plaza 1 l- 14-99 the previous EI~ Finally, no new information of substantial importance to the amended area and the Environmental Impact Report prepared for that amended area has become available. Moreover, the mitigation measures proposed as part of the Environmental Impact Report for the Plan and the Specific Plan have been included, where applicable, in the Project, and such mitigation measures are feasible and further mitigation measures are not required to address concerns raised in the Environmental Impact Report for the Plan. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal. Admin. 15162 and 15180, a subsequent Environmental Impact Report for the subject project is not re- quired. b. Additionally, the Project is exempt f~om any environmental review pursuant to 14 Cat. Admin. Code Section 15301 as an minor alteration to an existing private structure for improvement of the building facade and involving no expansion of uses or floor area beyond that previously existing. Section 3. Based upon the findings set forth above, the Board of Directors of the Redevelopment Agency of City of Temecula heraby certifies and approves the Negative Declaration of Environmental Impact for the Project and directs the Executive Director to file a Notice of Determination with the County Clerk of the County of Riverside forthwith. Section 4. The Board of Directors of the Re, development Agency of the City of Temecula hereby approves that certain agreement entitled "Owner Participation Agreement" between the Redevelopment Agency of the City ofTnmecula, a public body corporate and politic, and OLD TOWN PLAZA PARTNERS, LLP, Richard G. Gabriel and Marilyn F. Gabriel, Trustees of the Gabriel Trust, James N. Senechal, Trustee of the James N. Senechal Declaration of Trust, David L. Phares and Susie G. Phares, Thomas H. Maxwell and Janice M. Maxwell, and Wayne F. Whitehum, dated as of December 14, 1999, with such changes in each document as may be mutually agreed upon by the Developer and the Agency Executive Director as are minor and in substantial conformance with the form of such Agreement as is on file in the Office of the Agency Secretary. The Chainperson of the Agency is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Agency Chairperson shall he placed on file in the Office of the Secretary of the Agency. Section 5. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agencys obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to, escrow metions, subordination agreemems, certificates of acceptance, and implementing agreements. Section 6. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOFrED by the Board of Directors of the Redevel- opmerit Agency of the City of Temecula on Dec, ember 14, 1999. RONROBERTS CHAIRPERSON ATTEST: SUSAN JONES, CMC/AAE AGENCY SECRETLY [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ) I, Susan Jones, CMC, Secretary of the ReAevelopment Agency of the City of Temecula, do hereby certify that the Resolution No. RDA 99- was duly end regularly adopted by the Board of Directors of the Rodevelopment Agency of the City of Tc-mecula at a regular meeting thereof, held on December 14, 1999, by the following vote, to wit: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: SUSAN JONES,CMC/AAE AGENCY SECRETLY ATTACHMENT NO. 2 OWNER PARTICIPATION AGREEMENT OWNER PARTICH*ATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT OF THE CITY OF TEMECULA AND OLD TOWN PLAZA PARTNERS, LLP, FOR FACADE IMPROVEMENT TO OLD TOWN PLAZA THIS OWNER PARTICIPATION AGREEMENT is made and entered into as of December 14, i 999, by and between, OLD TO~VIq PLAZA PARTNERS, LLP, Richard G. Gabriel and Maxilyn F, Gabriel, Trustees of the Gabriel Trust, James N. Senechal, Trustee of the James N. Senechal Declaration of Trust, David L. Phares and Susie G. Phares, Thomas H. Maxwell and Janice M. Maxwell, and Wayne F. Whiteburst (hereinafter collectively called "Participant"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (hercinafier called "Agency.") RECITALS A. Participant is the owner of real property, hereinat~er called the "Property," located in Redevelopment Project Area 1988-1 (the "Project Area") of the Redevelopmerit Plan City of Temecula.. The Property is located at 28410 Front Street, Temecula, California. The Redevelopmerit Plan for the Project Area was approved by the City Council of the City of Temecula by Ordinance Nos. 91-11 and 91- 15. The Property is legally described on Exhibit A. B. The purpose of this Agreement is to effectuate the Re, development Plan by providing for the facade improvement of the Property and the preservation of the existing commercial businesses conducted on the Property. This Agreement will benefit the Project Area by: Increas'mg private investment within the Project Area; removing blighting influences as identified in the Redevelopmerit Plan approvals; improving the appearance of buildings and structures; encouraging retail growth in the Project Area; encouraging the continuation and expansion of existing commercial uses which serve the needs of area residents; encouraging the upgrading and new development of uses within the Old Town Area; retaining businesses in the Project Area and the attraction of new businesses which provide jobs; ensuring that signage incorporated on privately-owned structures and sites is visually attractive and promotes a high quality image for the Project Area and the City, particularly the Old Town Area; enhancing the safety of buildings and structures; increasing and preserving employment opportunities within the Project Area; and promoting uses which complement each other. This Agreement is consistent with the Redevelopmerit Plan and the Implementation Plan for the Project Area. C. Participant and the Agency desire to rehabilitate existing improvements to the Property in accordance with plans approved by the Ageney's staff. Structures on the Property will receive facade or other exterior improvements. Such new improvements are described in Exhibit B ("Improvements"). Detailed architectural plans for the Improvements will be submitted to the Agency and the City of Temecula's Community Development Department for approval in accordance with this Agreement and the Temecula Municipal Code. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties agree as follows: I. PURPOSE OF THE AGREE The purpose of this Agreement is to provide for the rehabilitation of the Property as described in the Recitals, which are incorporated herein. PARTIES The Agency shall be represented by: John Meyer Housing and Redevelopment Manager Redevelopment Agency of the City of Temeeula 43200 Business Park Drive Post Office Box 9033 Temeeula, California 92589-9033 The Partialpant shall be represented by: David L. Phates D.L. Phares & Associates 27710 Jefferson Avenue, Suite 301 Temecula, Ca. 92590 Wherever the term "Participant" is used herein, such term shall also include any permitted assignees approved by the Agency in writing. C, Formal notices, demands and communications to be given hereunder by either party shall be made to the above-noted representatives in writing and may be effeeted by personal dellvevj or by registered or certified mail, postage prepaid, and return receipt requested, and shall be deemed communicated as of the date of mailing. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accordance with this section, within five (5) working days of the change. FINANCING OF AND PAYMENT FOR THE IMPROVEMENTS A. Financing 1. The estimated cost of the Improvements is one hundred five thousand five hundred dollars ($105,500.00). 2 Agency agrees to loan to Participant the sum of fifty five thousand five hundred dollars ($55,500.00) subject to the terms of this Agreement ('~boan"). The mount of the Loan shall be evidenced by a Promissory Note of the Participant in substantially the form of Exhibit C. ('~Note'). The Note shall bear simple interest at five percent per annum accruing from the date the Loan funds are disbursed. No payments on the Loan shall be required during the three (3) years following disbursement of the Loan Proceeds, however, interest shall accrue during this period. Thereafter, payments shall be made on the first day of the month for the nex~ ten (10) years in an amount based on a ten (10) year amort'h~ation of the Loan proceeds plus interest accrued during the deferrnl period. The entire Loan and accrued interest shall be due and payable upon the sale or conveyance of the Property within five (5) years from the date of the Note; provided, however, that the Participant may form a partnership, limited liability company, corporation or similar business entity if the partners, members or shareholders of the new entity are the same persons who have signed this Agreement as the owners of the Property and no additional persons are made pannets, members or shareholders. Additionally, within five (5) years from the date of the Agreement, Participant may retinanee the loan constitufmg the first trust deed on the property and the Loan descn~0ed in this section shall subordinate to the new obligation; provided, however, that the amount of the new obligation does not exceed the outstanding balance of the prior loan, plus the costs of refmancing. The Executive Director shall be authorized to enter into a subordination agreement with the new lender in substantial compliance with these terms. The Note and Participant' s obligations under this Agreement shall be secured by a Deed of Trust executed by the Participant, as Trustor, in favor of the Agency, as beneficiary C~)eed of Trust") in substantially the form attached hereto as Exhibit D. The proceeds of the Loan shall only be used for design and construction of the Improvements and for no other purpose. The proceeds of the Loan shall be disbursed on the day the Participant's share is deposited with the Agency pursuant to Section HI. A. 4. Prior to preparing and signing the Promissory Note the Deed of Trust and the Restrictive Covenant (described in Section VIII C,), Participant shall provide to the Agency evidence, satisfactory to the Agency in its reasonable discretion, of the condition of title to the Property, including, without limitation, the current vesting of the Prop~l i.y and all monetary liens encumbering the Property. The Agency shall have the right to terminate this Agreement without any liability or obligation to the Owner if the Agency disapproves the conditinn of title. Agency hereby grants to the Participant the sum of twenty five thousand dollars ($25,000.00) for the Improvements subject to the terms of this Agreement (Grant). The proceeds of the Grant shall only be used for design and construction of the Improvements and for no other purpose. Participant' s share of the costs of the Improvements shall be twenty five thousand dollars ($25,000,00) and any additional costs necessary to complete the 3 Improvements, whether or not such additional costs were anticipated. Participant shall deposit Partieipant's share of funds with the Agency no later than the date that the construction contract is signed. The Agency shall not be obligated to pay interest to Partialpant on any funds deposited by Participant. Both parties acknowledge that a remodeling project on an existing commercial structure can uncover the need for further work or unantieipated work necessary to complete the Improvements and that Ageney's financial assistance is limited to the Grant and the Loan. Therefore, Participant shall also provide evidence in a form satisfactory to the Executive Director of Agency, that Participant has the financial capacity to provide for contingencies in the amount of an additional twenty five thousand dollars ($25,000.00) The Loan proceeds, Grant and Participant's share of the costs shall be deposked into a Construction Account established by the Ageney's Director of Finance for payment of the Contractor' s invoices pursuant to Subsection B., below. Expenses for the Improvements shall be paid first from the Participant's share, then from the Agency Grant and then from the Loan proeeetis. If after completion of the Improvements and final payment to the contractor any money remains in the Construction Account, such money shall be credited as a payment of principle on the Loan. Payment to Contractor No disbursements shall be made to Contractor until the Promissory Note is signed and delivered by the Participant to the Agency, the Deed of Trust and the Covenant are recorded and the construction contract between the Participant and CoHh aetor is signed and delivered by the Participant to the Agency. Contractor shall request payment by submitting to Participant a description of the work performed, the time and materials used to date, conditional releases for progress paymems from contractor and its subcontractors and suppliers, hereinafier called the "Payment Request." Upon receipt of a complete Payment request, Participant shall review the Payment Request with Participant's architect/engineer. After their review, Participant shall promptly forward to the Agency the Payment Request with Participant's and Participant's architect/engineers recommendation for payment. Th.e Agency shall review the Payment Request and, upon determining that Paymere Request accurately reflects actual work performed and time and materials used to date, shall authorize payments from appropriate funds in the appruved amounts, less a ten percent ( 10% ) reteni~on. If, pursuant to an approved Participant/Contractor Agreement, the Contractor must pay liquidated damages for failure to complete the Improvements timely or 4 other breaches, both Participant and the Agency shall be entitled to a pro rata share of such liquidated damages. Such pro rata share shall bear to the total monies provided to fund the Improvements. Agency shall retain 10% of the payments to the Contractor until the final payment and said final payment shall not be until the occurrence of either (a) or (b) below: a. The expiration of 65 days from the date of recording by the Owner of a Notice of Completion fur all Improvements which the Owner agrees to record promptly within the times specified by law for the recording of such Notice of Completion, and the settlement and discharge of all liens and charges claimed by persons who supplied either labor or materials for the construction of the Improvements, provided, however, that if the Participant fails to record such Notice of Completion within twenty one days following substantial completion of the Improvements, Agency may record such Notice of Completion; or b. The expiration of 35 days from the date all of the following items are satisfied: (1) All relevant unconditional labor and material releases are submitted; (2) The contract work is complete and contract requirements have been fulfilled; (3) The invoice for the contract retention has been submitted and approved by the Agency; (4) Evidence that the contract work has been inspected and approved by the appropriate City agency; (5) No liens have been filed on the job by or against the particular contractor requesting payment of retention; and (6) An unconditional release upon final payment has been signed and delivered by the General Contractor; Conditional Grant. The Agency's advance of the Loan Proceeds and the Grant funds pursuant to Section III.A shall be repaid by the Participant (i) fithe Property is not maintained in accordance with the requirements of this Agreement and the Covenant, or (li) Participant is in breach of this Agreement and the breach is not cured within the time required by this Agreement, or (iii) if Participant sells or conveys the Property or portion thereof, or (iv) if Participant 5 shall change, damage or demolish the Improvemems, or permits same to be done, within a period commencing with the date hereof and ending on the date that is ten ( 10 ) years at~er the completion of the Improvements. FACADE IMPROVEMENT PLANS In accordance with the Schedule of performance, the Participant shall submit architectural plans for the Improvements to the Agency and the City Department of Community Development for review and approval and shall apply for all required City land use approvals and l~,i~,its. The Executive Director shall review and approve the proposed architectural plans on behalf of the Agency. The architectural plans and permit applications shall be reviewed and approved by the Community Development Department in accordance with the provisions of the Temeeula Municipal Code. The architectural plans approved or conditionally approved by the Agency and City shall be known as the '~lans". The Property shall be rehabilitated in conformance with the Plans. Participant's architect shall prepare plans and specifications and during construction the architect will have primary responsibility to review and approve work of the contractor, including review of shop drawings and weekly construction Property monitoring. Aside from the monetary assistance available from the Agency under the program formula grant, all costs incurred for the services of the Participant's architect shall be borne by the Participant. Changes to the architectural drawings and construction plans, if any, and specifications, once approved by Participant and the Agency, may not be made without mutual written consent of the Participant and the Agency. V, CONTRACTOR SELECTION Participant shall pay all the costs of construction, less the Ageney's maximum contribution as herein stated. The Improvements shall be constructed pursuant to a construction contract between the Participant and a licensed Contractor (the "Participant/Contractor Agreement"). Participant shall select a qualified Contractor for the construction of the Improvemems. Prior to the time the Agency executes this Agreement, Partieipam shall sign a Participara/Contractor Agreement with the Contractor. The Panicipartt/Contractor Agreement shall be in a form approved by the Agency. Contracts on unapproved forms shall not be recognized by the Agency for funding. Pursuant to Participant/Contractor Agreement, if Contra~tor's services are t~,dmated, the Participant shall indicate in writing its approval of a new Contractor. The Contract between the Participant and the Contractor shall provide for liability insurance with a policy limit of not less than one million dollars ($1,000,000.00) and a performance bond and a labor and materials bond in the amount of the contract, with an insurer and sureties approved by the Executive Director of the Agency. SCHEDULE OF PERFORMANCE The Irnprovemems shall be commenced and completed within the times specified in the Schedule of Performance, attached as Exhibit E to this Agreement and incorporated by reference herein. VII. PARTICIPANT COOPERATION Participant shall fully cooperate with the Coreractor, City and Agency including but not limited to: Signing all necessmy documents and obtaining required permits so that the Improvements can be completed in full compliance with all Federal, State and local laws; allowing access to the Property for construction of the Improvements; and taking any and all other actions necessary to cooperate with the Agency and the Contractor in completing the Improvements. The Agency and Participant hereby agree the Agency, Contractor and Architect (if applicable) shall have access to the Improvements to carry out their obligations with respect to the Property, including during all periods of planning and constmetion and for the purpose ofmaimenance after completion of construction. VIII. USE OF THE PROPERTY Participant covenants and agrees for itself, its successors, assigns and every successor in interest to the Property or any portion thereof, that during rehabilitation and thereafter, the Participant and Owner, such successors and assignees shall: Devote the Property to uses in conformante with the City of Temecula, (hereinafier the "City"), City zoning requirements, the Plans, the Redevelopment Plan for the Project Area, and this Agreement. Not discriminate upon the basis of race, color, ancestry, national origin, sex, sexual orientation, marital status, creed, religion, political affiliation or opinion, pregnancy or pregnancy related condition, or disability in the sale, lease or rental or in the use or occupancy of the Property, or any improvement erected or to be erected thereon, or any part thereof All subsequent deeds, leases or contracts shall contain the nondiscrimination or nonsegregation clauses comained in Section XV of this Agreement. This covenant shall run with the land and remain in perpetuity as required by Health & Safety Code Section 33436. B, C, Protect, preserve and maintain in good condition, and to the reasonable satisfaction of the Agency, the Property, the exterior facades, improvements and landscaping. Participant's maintenance shall be in conformanee and in compliance with Section IX of this Agreement, the City's maintenance standards, as established by the City's codes relating to property maintenance, and the Covenant set forth in Exhibit F. Participant agrees to maintain the Property in a commercially reasonable manner consistent with first class commercial shopp'mg centers. Participant shall sign a covenant to secure performance of the maintenance standards and to ensure nondiscrimination and nonsegregation in the use of the Property in a form substantially s'unilar to Exhibit F ("Covenant"). The Covenant shall be recorded by the Agency. COMPLIANCE WITH LAW Participant shall comply with all local, State and Federal laws and ordinances relafmg to the use of, or condition of, any and all improvements on the Property and the construction thereof, whether the improvements were constructed as part of the Improvements, are now existing at the Property, or as later may be constructed by Participant or any of Partidpant's lessees or agents. In connection with all improvements to the Property, including but not limited to the exterior building facade rehabilitation, landscaping and signage, the Contractor shall apply to City for issuance of all necessary permits. Participant acknowledges that neither City nor the Agency has investigated, nor do they have knowledge of, the condition of the existing building and structures for compliance with the City Municipal Code and Uniform Codes, e.g., Uniform Building Code. Participant acknowledges that by granting permits for facade rehabilitation, City and the Agency are neither approving, condoning or accepting any building or structural conditions, improvements or modifications which may exist, legally or illegally, on the Property; nor is City or the Agency approving any lot line or lot con~gnration. All exist'rag and .rumre improvements or construction, including but not limited to any and all exterior and interior alterations and the location of openings in any walls, is the liability and responsibility of Owner. NOTICE TO LESSEES OF OWNER Within ten (10) days after execution of this Agreement, Owner agrees it will immediately notify all presem lessees, if any, of the Property of the provisions, obligations and requirements of this Agreement which may in any manner affect such lessees. Owner shall not permit lessees to violate the provisions of this Agreement. Owner, and not Agency, shall be liable to lessees for any business interruption which may occur as a result of the construction of the Improvements. DEFAULTS AND WAIVER Failure or delay by any party to perform any term or provision of this Agreement constitutes a default under this Agreement. The aggrieved party shall give writtan notice of the default to the party in default as set forth in Section II hereof. The defaulting party must immediately commence to cure, correct or remedy such default and shall complete such cure, correction or remedy within thirty (30) days :from receipt of the written notice of default; and during such period of curing shall not be in default. If such cure, correction or remedy, other than the payment of monies due, by its nature cannot be effectuated within such thirty (30) day period, such cure, correction or remedy shall be diligently and continuously prosecuted until completion thereof, but in no event for a period longer than ninety (90) days. ff such defaulting party fails to cure the default within such time period, non-defaulting party may terminate this Agreement and exercise any rights or remedies it may have at law or in equity. In the event of a breach by Participant, the Agency may declare all sums advanced by the Agency, and/or the Promissory Note, pursuant to Section I]].A.2 immediately due and payable. In addition, the Agency may terminate this Agreement at any time if participant does not perform any obligation required by the Agreement by giving fifteen (15) days written notice to Participant. C, Upon termination, the Agency shall be authorized to withdraw any and the mount of the Loan and the Grant it deposited into the Construction Account, except for that mount necessary to pay the Contractor for work satisfactorily completed and in accordance with this Agreement. Upon termination, the Agency shall return to Participant any and all moneys it deposited into the Construction Account, less liquidated damages, if any. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise hereunder. The exercise of any remedy shall not preclude the exercise of other remedies any party may have in law or equity. The failure of any party to give notice of default shall not be deemed to be a waiver of the performance of any covenant, condition or promise. XII. MODIFICATION This Agreement may be modified only by subsequent mutual written amandmant executed by Participant and the Agency. In the event a change order is required to the Participant/Contractor Agreement which changes the scope, cost or time of the Improvements, a Contract Change Order shall be executed by Participant and the Agency. XIH. INDEMNIFICATION Participant shall indemnify, defend and hold the Agency and the City and their officers, agents, employees and attorneys harmless from all claims, damages or hability, including all reasonable attomey's fees and other costs incurred in defending any claims, arising out of or in connection with the activities performed under this Agreement and any activities occurring in, on or about the Property. Such indemnity shall extend, but nut be limited to claims, damages and liability aris'mg from personal injuries, death or real or personal property damages, provided that the obligation to indemnify shall not extend to claims, damages or liability arising solely from the willful misconduct of the City, the Agency or any of their officers or employees. X1V. ASSIGNMENT Participant shall not assign its rights or obligations hereunder without the Agency's prior written consent, which consent may be granted or withheld in the Agency's sole and absolute discretion; provided, however, that the Participant may form a partnership, limited liability company, corporation or similar business entity if the partners, members or shareholders of the new entity are the same persons who have signed this Agreement as the owners of the Property and no additional persons are made partners, members or shareholders. FORM OF NONDISCRIMINATION AND NONSEGREGATION CLAUSES (AS REOUIRED BY HEALTH AND SAFETY CODE SECTION 33436) Participant shall refrain from restricting the sale, lease, sublease, rental, transfer, use, occupancy, tenure or enjoyment of this Property (or any part thereof) on the basis of sex, sexual preference, marital slams, sexual preference, race, color, religion, creed, ancestry, disability or national origin of any person. All such deeds, leases or contracts pertaining thereto shall contain or be subject to substantially the following nonsegregation clauses: In deeds: "The grantee herein covenants by and for itself, ks successor and assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of sex, sexual preference, marital stares, race, color, religion, creed, national origin, disab'fiity or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall mn with the land." In leases: The lessee herein covenants by and for itself, its successor and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account 10 of sex, sexual preference, mari~ml status, race, color, religion, creed, national origin, disability or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number or occupancy of tenants, lessees, sublessees, tenants or vendees in the land herein leased." In contracts: "There shall be no discrimination against or segregation of, any person or group of persons on account of sex, sexual preference, marital status, race, color, religion, creed, national origin, disab'dity or ancestry in the sale, lease, sublease, rental, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." XVI. GENERAL PROVISIONS A. Notices, Demands and Communications Among the Parties. Written notices, demands and communications among the Agency and the Participant shall be sufficiently given by personal service or dispatched by first class mall, postage prepaid, remm receipt requested, to the principle offices of the Agency or the Participant described in Section II.A. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section XVI.A. Notwithstanding anything to the comrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via malt as provided herein shall be presumed to have been received on the second business day after deposit of same in the mad. B. Exhibits. The following exhibits are attached hereto and incorporated herein as though set forth in full: 8. Exhibit A. Legal Description of Property 9. Exhibit B. Description oflmprovements 10. Exhibit C. Form of Promissory Note I 1. Exhibit D. Form of Deed of Trust 12. Exhibit E, Schedule of performance 13. Exhibit F. Restrictive Covenant C. Conflicts of Interest. The Participant warrants that it has not paid or given and will not pay or give any officer, employee or agent of the City or the Agency any money or other consideration for obtaining this Agreement. its purpose. Interpretation. The provisions of this document shall be liberally construed to effectate E. Severability. Invalidation of any of the covenants, conditions, restrictions, or other provisions contained herein by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof; and the same shall remain in fidl force and effect. F. Headings. The headings to the various Articles and Sections of this Agreement have been inserted for convenient reference only and shall not to any extent have the effect of modifying, mending or changing the expressed terms and provisions of this Agreement. G. Non-Liability of Officials and Employees of the Agency. No member, official, agent, attorney, or employee of the Agency or the City shall personally be liable to the Participant or any successor in interest of the Participant pursuant to the provisions of this Agreement, nor for any default or breach by the Agency. H. Attorneys' Fees. In the event that suit is brought for the enforcement of this A~reement or as the result of any alleged breach thereof, the prevailing party or parties in such suit shall be entitled to recover their reasonable attorneys' fees from the losing party or parlies, and any judgment or decree rendered in such proceedings shall include an award thereof I. Time of Essence. Time is of the essence in the performance hereof J. Entire Agreement, Waivers and General. 14. This Agreement, together with all exhibits hereto, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof 15. All amendments hereto must be in writing executed by the appropriate authorities of the Agency and the Participant. K. Successors and Assigns. The provisions of this Agreement are expressly binding upon, and shall inure to the benefit ot~ the parties hereto and their successors in interest and assigns. //// IIII 12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year writtell above. OLD TOWN PLAZA PARTNERS, LLP By: Name: Richard G. Gabriel, Trustee Title: Owner By: Name: Marilyn F. Gabriel, Trustee Title: Owner REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic Ronald R. Robens Chairperson Attest: By: Name: James N. Senechal, Trustee Title: Owner Susan Jones, CMC Secretary By: Name: David L. Phases Title: Owner Approved as to Form: By: Name: Susie G. Phares Title: Owner Peter M. Thorson Agency Attorney By: Name: Thomas H. Maxwell Title: Owner By: Name: Janice M. Maxwell Title: Owner By: Name: Wayne F. Whitehurst Title: Owner 13 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: (APN 921-070-006| THAT PORTION OF LOTS 17 THROUGH 32, INCLUSIVE, TOGETHER WITH THE NORTHEASTERLY 10.00 FEET OF FRONT STREET ADJOINING SAID LOT 32, ALL IN BLOCK 23 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE , STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE 728 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; AND THAT PORTION OF LOT 6 OF BLOCK 2 AS SHOWN BY THE MAP OF SUBDIVISION OF PAUBA LAND AND WATER COMPANY, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 11 PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF FRONT STREET (88.00 FEET WIDE) AND THE CENTERLINE OF CONSTRUCTION OF MORENO ROAD (88.00 FEET WIDE) AS SHOWN ON THE MAP OF TRACT NO. 5790 ON FILE IN BOOK 81 PAGES 31 THROUGH 35, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE CENTERLINE OF FRONT STREET BEING A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,500.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 52" 47' 50" WEST; THENCE SOUTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 39' 16" AN ARC DISTANCE OF 69.49 FEET; THENCE RADIAL TO SAID CURVE, NORTH 50° 08' 34" EAST, 44.00 FEET TO THE NORTHEASTERLY LINE OF FRONT STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 5790 AND MORE SPECIFICALLY SHOWN ON RIGHT OF WAY MAP 802-V ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF RIVERSIDE COUNTY, BEING ALSO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE LEAVING THE NORTHEASTERLY LINE OF FRONT STREET, NORTH 06~' 12' 10" EAST 33.12 FEET TO THE SOUTHEASTERLY LINE OF MORENO ROAD AS SHOWN BY THE MAP OF SAID TRACT NO. 5759 AND RIGHT OF WAY MAP NO. 802-V; THENCE ON THE SOUTHEASTERLY LINE OF MORENO ROAD NORTH 52° 15' 45" EAST, 22.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 244.00 FEET; THENCE NORTHEASTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 18° 26' 38" AN ARC DISTANCE OF 78.55 FEET; THENCE NORTH 68° 52' 18" EAST, 26.42 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 435.78 FEET, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF MERCEDES STREET (60.00 FEET WIDE) AS DESCRIBED TO THE COUNTY OF RIVERSIDE IN A DEDICATION AND EASEMENT DEED RECORDED APRIL 22, 1969 AS DOCUMENT NO. 39504 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 13° 55' 28" WEST; THENCE EASTERLY ON THE SOUTHERLY LINE OF MERCEDES STREET, THROUGH A CENTRAL ANGLE OF 14° 51' 50", AN ARC DISTANCE OF 113.05 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA, BEING ALSO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE FOR MERCEDES STREET, RECORDED APRIL 15, 1976 AS DOCUMENT NO. 50513 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EASTERLY ON THE SOUTHERLY BOUNDARY OF SAID DEED AND CONTINUING ON SAID LAST MENTIONED CURVE. THROUGH A CENTRAL ANGLE OF 00° 56' 15" AN ARC DISTANCE OF 7.13 FEET; THENCE TANGENT TO SAID CURVE, NORTH 88° 07' 25"' EAST 196.65 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 17, IN BLOCK 23 OF THE TOWN OF TEMECULA, SAID POINT BEING SOUTH 44° 22' 13" WEST, 19.21 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT; THENCE SOUTH 44° 22' 13'' WEST ON THE SOUTHEASTERLY LINE OF LOTS 17 THROUGH 32, INCLUSIVE, IN SAID BLOCK 23 AND PROLONGATION THEREOF, TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 10.00 FEET OF FRONT STREET (80.00 FEET WIDE) AS SHOWN BY THE MAP OF THE TOWN OF TEMECULA, SAID 10.00 FEET OF FRONT STREET HAVING BEEN DESCRIBED IN RESOLUTION NO. 75-104 ABANDONING A PORTION OF FRONT STREET, RECORDED APRIL 23, 1975 AS DOCUMENT NO. 46491 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 45° 30' 01" WEST ON THE SOUTHWESTERLY LINE OF SAID ABANDANONED 10.00 FOOT STRIP, TO THE INTERSECTION THEREOF WITH SAID NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA; THENCE ON SAID BOUNDARY, NORTH 44° 25' 05" EAST TO THE NORTHWESTERLY LINE OF FRONT STREET (88.00 FEET WIDE) AS SHOWN BY SAID RIGHT OF WAY MAP 802-V, SAID NORTHWESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1,456.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 46° 57' 44" WEST; THENCE NORTHWESTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 10' 50" AN ARC DISTANCE OF 80.82 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITH THAT PORTION OF THE NORTHWEST HALF OF THE ALLEY IN SAID BLOCK 23 ABUTTING SAID LAND WHICH WOULD PASS BY OPERATION OF LAW WITH THE CONVEYANCE OF SAID LAND. Parcel 2: (APN 922-023-019) AN EASEMENT FOR ENCROACHMENT PURPOSES OVER THAT PORTION OF LOT 1, TRACT 23925 AS SHOWN BY MAP ON FILE IN BOOK 209 PAGES 21 THROUGH 23 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET AND 6TM STREET, AS SHOWN ON SAID MAP; THENCE NORTH 45° 30' 01" WEST ALONG THE CENTERLINE OF FRONT STREET, A DISTANCE OF 178.98 FEET; THENCE NORTH 44° 30' 50" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF FRONT STREET, (A 30 FOOT HALF WIDTH RIGHT OF WAY) SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 45° 30' 01" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1.00 FEET TO THE BOUNDARY LINE OF SAID LOT 1; THENCE NORTH 44° 25' 45" EAST ALONG SAID LINE A DISTANCE OF 393.96 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 120.0 FEET AND A RADIAL WHICH BEARS SOUTH 14° 50' 06" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID LOT LINE, SAID LINE BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF MERCEDES STREET THROUGH A CENTRAL ANGLE OF O0° 18' 06", AN ARC LENGTH OF 0.63 FEET; THENCE SOUTH 44° 21' 50" WEST, A DISTANCE OF 394.28 FEET TO THE POINT OF BEGINNING. THIS HEREIN DESCRIBED PARCEL CONTAINS 305.5 SQUARE FEET, MORE OR LESS. EXHIBIT B DESCRIYFION OF THE IMPROVEMENTS (Description of facade improvement and sign improvement work to be constructed, including line item budget) 11/29/99 llellB2 F_2(F!IR1T C FORM OF PROMISSORY NOTE 11/29/99 1481182 PROMISSORY NOTE SECURED BY DEED OF TRUST FOR VALE RECEIVED, the undersigned Old Town Plaza Partners, LLP, Richard G. Gabriel and Marityn F. Gabriel, Trustees of the Gabriel Trust, James N. Senechal, Trustee of the James N. Senechal Declaration of Trust, David L. Phares and Susie G. Phares, Thomas H. Maxwell and Janice M. Maxwell, and Wayne F. Whitehurst ("Maker"), hereby promises to pay to the order of the Redevelopmere Agency of the City ofTemecula, a public body, corporate and politic ("Holder"), at Temecula, California, without deduction or offset, the sum of Fifty.five thousand five hundred dollars ($55,500) (the "Loan'), together with s'nnple interest at the rate of five percent (5%) per annum, commencing on the date of dishursement in accordance with the terms of this Note, the Owner Participation Agreement between the Agency and Maker, dated as of December 14, 1999, and the Restrictive Covenant of even date herewith. 1. This Note is secured by that certain Deed of Trust and Assignment of Rents (the "Deed of Trust") of even date herewith executed by Maker for the benefit of Holder. In addition, Maker and Holder are concurrently emering into a Restrictive Covenant governing the real property (the "Property") encumbered by the Deed of Trust. 2. No payments on the loan shall be required during the thn~ (3) years following the first disbursement of the loan proceeds; provided, however, that interest shall accrue during this period. Thereafter, payments shall be made on the first day of the month for the next ten (10) years in an amount based on a ten (10) year amortization of the loan proceeds, plus interest accrued during the deferrat period. Any principal and accrued iracrest not paid shall he due and payable thirteen (13) years after the date of the first disbursement of the loan proceeds (the "Maturity Date"). 3. The entire Loan and accrued interest shall be due and payable upon the sale or conveyance of the property within five (5) years from the date of the Note; provided, however, that within five (5) years from the date of this Agreement, Participant may refmance the loan constituting the first trust deed on the property and the Loan described in this section shall be subord'mate to the new obligation; provided, however, that the amount of the new obligation does not exceed the outstanding balance of the prior loan, plus the costs of refinancing. The Executive Director of the Agency shall be authorized to enter into a subordination agreement with the new lender in substantial compliance with these terms. The proceeds of the Loan shall only be used for design and construction of the Improvements and for no other purpose. 4. Maker may prepay, without penalty or premium, all or any portion of the interest or principal due under this Note. Prepayments shall be credited first against accrued interest and the balance shall be credited to principal. 5. Should defauk be made by the undersigned in the performance of any of the covenants or agreements of the Maker contained in the Owner Participation Agreement, this Note, the Restrictive Covenant, or the Deed of Trust, and if such default is not cured within thirty (30) days from Holder's notice to Maker of such default (or such longer period as may be provided in the Owner Participation Agreement), then, at Holder's option, all sums owing hereunder shall immediately become R:XpowcrsjXfaera& improvcmenfiloan ck~sxlqotc,-Old Town Plaza due and payable. Thereafter, interest shall accrue at the maximum legal rate permitted to be charged by non-exempt lenders under the usury laws of the State of California. 6. If more than one person is signing this Note as Maker, then the obligations of the Maker shall be joint and several. 7. This Note shall be governed by and construed in accordance with the laws of the State of California. It. All parties who are obligated to pay any portion of the indebtedness represented by this Note, whether as principal, surety, guarantor or endorser, hereby waive presentment for payment, demand, protest, notice of protest and notice of dishonor, and all other notices to which they might otherwise be enti~ed, and further waive all defenses based on release of security, extension of time or other indulgence given in respect to payment of this Note, to whomsoever given, and further waive all defenses, generally, except the defense of actual payment of this Note according to its tenor. 9. The undersigned hereby covenants and agrees to pay all costs and expenses of collection, whether by suit or othenvise, at any time or from time to time incurred, including without limitation attome3/s fees and all costs and expenses actually incurred in connection with the protection or realization of the property secured by the Deed of Trust. 10. If Maker shall sell, lease, assign, convey, transfer, encumber, mortgage, hypothecate or alienate the Property, or any part thereof, or any interest therein, or shall be divested of their title in any manner or way, whether voluntarily or involuntarily, the indebtedness evidenced hereby, irrespective of the maturity date expressed herein, at the option of the Holder, upon demand, shall immediately become due and payable, except as permitted by Holder pursuant to the terms and conditions set forth in the Owner Participation Agreemere: provided, however, that within five (5) years from the date of this Agreement, Participant may retinanee the loan constituting the first trust deed on the property and the Loan described in this section shall be subordinate to the new obligation; provided, however, that the amoum of the new obligation does not exceed the outstanding balance of the prior loan, plus the costs ofre~nancing. The Executive Director of the Agency shall be authorized to enter into a sobordination agreement with the new lender in substantial compliance with these terms.. To this end, the Deed of Trust securing this Note provides as follows: If the Trustor shall sell, lease, transfer, assign, convey, encumber, mortgage, hypothecate or alienate the real property described herein, or any part thereof, or any interest therein, or shall be divested of title or any interest therein in any manner or way, whether voluntarily or involuntarily (except as l~H~fitted by Beneficiary pursuant to the terms and conditions set forth in the Owner Participation Agreement), or if Trustor shall fail to make any payments due under the note secured by this deed of trust, or fail to perform any other obligation under said Rest~ctive Covenant of even date herewith, the deed of trust or the note secured hereby, or any other deed of trust encumbering the subject properly, then Beneficiary shall have the fight, at its option, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due and payable. R:',t:owevsl~f~,~l- mlprovomenfiloan doesXNoto-Old Town Plaza 11. Subject to the foregoing the terms of this Note shall be binding upon and inure to the benefit, as the case or context may require, of the respective heirs, successors in interest and assigns of the undersigned and the Holder. 12. This note may be subject to Section 2966 of the California Civil Code, which provides that the Holder of this Note shall give written notice to Maker, or its successor in interest, of prescribed information at least sixty (60) and not more than one hundred and fifty (150) days before any balloon payment is due. 13. Time is of the essence with respect to each and every provision hereof. ffany provision hereof is found to be invalid or unenforceable by a court of compctent jurisdiction, the invalidity thereof shall not affect the enforceability of the remaining provisions of this Note. Old Town Plaza Partners By: Name: Richard G. Gabriel, Trustee Title: Owner By: Name: Marilyn F. Gabriel, Trustee Title: Owner By: Name: James N. Senechal, Trustee Title: Owner By: Name: David L. Phares Title: Owner By: Name: Susie G. Phares Title: Owner By: Name: Thomas H. Maxwell Title: Owner By: Name: Janice M. Maxwell Title: Owner By: Name: Wayne F. Whitehurst Title: Owner E~i~IRIT D FORM OF DEED OF TRUST 11/29/99 1481182 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Redevdopment Agency of the City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 ATTENTION: Agency Seercta~ No Recording Fee Required -- Government Code Section 6103 LONG FORM DEED OF TRUST AND ASSIGNMENT OF RENTS This Deed of Trust, made this 14th day of December, 1999, between Old Town Plaza Partners, LLP, Richard G. Gabriel and Marilyn F. Gabriel, Trustees of the Gabriel Trust, James N. Senechal, Trustee of the James N. Senechal Declaration of Trust, David L. Phares and Susie G. Phares, Thomas H. Max-well and Janice M. Maxwell, and Wayne F. Whitehum herein called Trustor, in favor of First American Title Insurance Company, as Trustee, for the benefit of the ]Kedevelopment Agency of the City of Temecula, a public body, corporate and politic, herein called Beneficiary, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property (the "Property") in Riverside County, California~ described as: That certain property described on Exhibit A attached hereto and incorporated herein by reference. TOGETHER WITH the rents, issues and profits thereof~ SUBJECT, HOWEVER, to the right, power and authority hereinaf[er given to and conferred upon Beneficiary to collect and supply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor herein contained. Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of fifty.five thousand five hundred dollars ($55,000.00) executed by Tinstot in favor of Beneficiary or order. 3. The rights of the Beneficiary s~t forth in that certain Owner Participation Agreement between the Trustor to Beneficiary dated as of December 14, 1999 and the Restrictive Covenant 1 R:~pow~rsj~fs~xloml do~Dt~l ofTn~-OId Tovm Phz, s between the Trustor and Beneficiary, dated and recorded concurrently herewith (collectively the "Agreements"). To Protect the Security of This Deed of Trust, Trustor Agrees: (1) To keep said Property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said Property, or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof, not to commit, suffer or permit any act upon said Property in violation of law; and to do all other acts which from the character or use of said Property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide or cause to provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary and any superior trust deed holder, as their interests may appear. The mount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire mount so collected or any pan thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the fights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney~s fees in a reasonable sum, in any such action or proceeffmg in which Beneficiary or Trustee may appear, and in any suit brought by Beoeficiar~ to foreclose this Deed of Trust. (4) To pay: at least ten days before ddinquency all taxes and assessments affecting said Property, including assessments on appunenant water stock; when due, all encumbrances, charges and liens, with interest, on said Property or any pan thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releas'mg Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof; Beneficiary or Trustee being authorized to enter upon said Property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, pumhase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the mount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in affect at the date hereof regarding the obligation secured 2 R:~po~sevsJ~fa~leXlo~n do~slk~d of True,Old Town Plan hereby any mount demand~l by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. (6) That any award of damages in connection with any condemnation for public use of or injury to said Property or any part thereof is hereby assigned and shall be paid to Beneficiary (and to any superior trust deed holder, as their interests may appear) who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (7) That by accepting payment of any sum secured hereby after ks due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (8) That at any time or ~'om time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said Property; consent to the making of any map or plat thereof, join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the Property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally enti~ed thereto." Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed of Trust (unless directed in such request to retain them). (10) That as additional security, subject to the rights of superior trust deed holders, as their interests may appear, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said Property, reserving unto Trustor the right, prior to any defauh by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said Property or any part thereof, in his own name sue for or otherwise collect such rants, issues and profits, iincluding those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attomey's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said Property, the collection of such rents, issues and profits and the apphcation thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (11 ) That upon default by Trustor in payment of any indebtedness secured hereby, or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of defanlt and demand for sale and of 3 R:~owessjX~sp~t~losa ds~:sxJ2k~ ofTrust-01d Town Plaza written notice of default and election to cause to be sold said Properly, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said Property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may datermine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinaRer defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of.' all sums expended under the terms bereot; not then repaid, with accrued interest at the mount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. ( 12 ) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneticia~y and duly acknowledged and recorded in the office of the recorder of the county or counties where said Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded and the name and address of the new Trustee. ( 13 ) That this Deed of Trust apphes to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Dc.~d of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (14) That Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. (15) fithe Trustor shall sell, lease, transfer, assign, convey, encumber, mortgage, hypothecate or alienate the real property described herein, or any part thereof, or any interest therein, or shall be divested of title or any interest therein in any manner or way, whether voluntarily or involuntarily (except as permitted by Benetieiary pursuant to the terms and conditions set forth in the Agreements), or if 4 R:~.w.:rsj~fs~qo.n docsXOeed of Tmsl-0id Town ~ Trustor shall fail to make any payments due under the note secured by this Deed of Trust, or fail to perform any other obligation under said Regulatory Agreement of even date herewith, this Deed of Trust or the note secured hereby, or any other deed of trust encumbering the subject Properly, then Beneficiary shall have the right, at its option, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due end payable. The restrictions contained in this paragraph shall atnomatically terminate if title to the Property is transferred by foreclosure or deed-in-lieu of foreclosure under a superior mortgage or deed of trust, or a prior mortgage or deed of trust is assigned to the United States Secretary of Housing and Urban Development. (16) Any breach or default under the Regulatory Agreement shall be deemed a breach of this Deed of Trust. Any breach of any of such covenants or agreements shall at the option of Beneficiary constitute a breach of this Deed of Trust. Trustor hereby agrees that Beneficiary shall have the fight, but not the obligation, to cure any breach of any such covenants or agreements, and that any expense, cost, fee or charge of any kind incurred by Beneficiary in curing such breach shall be added to the indebtedness owed to Beneficiary, shall bear interest ~'om the date of expenditure at the rate of 10% per annum, and shall be secured by this Deed of Trust. Any cure by Beneficiary of Trustor's breach of such covenants or agreements shall not be a cure of Tmstor's breach of this Deed of Trust. The undersigned Trustor requests that a copy of any Notice of Default end of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. Signature of Trustor Old Town Plaza Partners, LLC By: Name: Richard G. Gabriel, Trustee Title: Owner By: Name: Marilyn F. Crabriel, Trustee Title: Owner By: Name: James N. Senechal, Trustee Title: Owner By: Name: David L. Phares Title: Owner By: Name: Susie G. Phares 5 R:~pow~nj~fa~dexlo~n doc~k~d of Trial,Old Town Plaza Title: Owner By: Name: Thomas H. Maxwell Title: Owner By: Name: Janice M. Maxwell Title: Owner By: Name: Wayne F. Whitehurst Title: Owner 6 R:tn~wessj~fa~s~L*Xlosn do~Deed ofTntsl-OId To~m Plan State of California } } County of } On ,19 , before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaeity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 WITNESS my hand and official seal. Signature (sea ) EXHIBIT A LEGAL DESCRIPTION PARCEL 1: (APN 921-070-006) THAT PORTION OF LOTS 17 THROUGH 32, INCLUSIVE, TOGETHER WITH THE NORTHEASTERLY 10.00 FEET OF FRONT STREET ADJOINING SAID LOT 32, ALL IN BLOCK 23 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE , STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; AND THAT PORTION OF LOT 6 OF BLOCK 2 AS SHOWN BY THE MAP OF SUBDIVISION OF PAUBA LAND AND WATER COMPANY, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AS SHOWN BY MAP ON FILE tN BOOK 11 PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF FRONT STREET (88.00 FEET WIDE) AND THE CENTERLINE OF CONSTRUCTION OF MORENO ROAD (88.00 FEET WIDE) AS SHOWN ON THE MAP OF TRACT NO. 5790 ON FILE IN BOOK 81 PAGES 31 THROUGH 35, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE CENTERLINE OF FRONT STREET BEING A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,500.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 52° 47' 50" WEST; THENCE SOUTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 39' 16" AN ARC DISTANCE OF 69.49 FEET; THENCE RADIAL TO SAID CURVE, NORTH 50° 08' 34" EAST, 44.00 FEET TO THE NORTHEASTERLY LINE OF FRONT STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 5790 AND MORE SPECIFICALLY SHOWN ON RIGHT OF WAY MAP 802-V ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF RIVERSIDE COUNTY, BEING ALSO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE LEAVING THE NORTHEASTERLY LINE OF FRONT STREET, NORTH 06° 12' 10" EAST 33.12 FEET TO THE SOUTHEASTERLY LINE OF MORENO ROAD AS SHOWN BY THE MAP OF SAID TRACT NO. 5759 AND RIGHT OF WAY MAP NO. 802-V; THENCE ON THE SOUTHEASTERLY LINE OF MORENO ROAD NORTH 52° 15' 45" EAST, 22.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 244.00 FEET; THENCE NORTHEASTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 18° 26' 38" AN ARC DISTANCE OF 78.55 FEET; THENCE NORTH 68° 52' 18" EAST, 26.42 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 435.78 FEET, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF MERCEDES STREET (60.00 FEET WIDE) AS DESCRIBED TO THE COUNTY OF RIVERSIDE IN A DEDICATION AND EASEMENT DEED RECORDED APRIL 22, 1969 AS DOCUMENT NO. 39504 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 13° 55' 28" WEST; THENCE EASTERLY ON THE SOUTHERLY LINE OF MERCEDES STREET, THROUGH A CENTRAL ANGLE OF 14° 51' 50"', AN ARC DISTANCE OF 113.05 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA, BEING ALSO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE FOR MERCEDES STREET, RECORDED APRIL 15, 1976 AS DOCUMENT NO. 50513 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EASTERLY ON THE SOUTHERLY BOUNDARY OF SAID DEED AND CONTINUING ON SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 00° 56' 15" AN ARC DISTANCE OF 7.13 FEET; THENCE TANGENT TO SAID CURVE, NORTH 88° 07' 25" EAST 196.65 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 17, IN BLOCK 23 OF THE TOWN OF TEMECULA, SAID POINT BEING SOUTH 44° 22' 13" WEST, 19.21 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT; THENCE SOUTH 44° 22' 13" WEST ON THE SOUTHEASTERLY LINE OF LOTS 17 THROUGH. 32, INCLUSIVE, IN SAID BLOCK 23 AND PROLONGATION THEREOF, TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 10.00 FEET OF FRONT STREET (80.00 FEET WIDE) AS SHOWN BY THE MAP OF THE TOWN OF TEMECULA, SAID 10.00 FEET OF FRONT STREET HAVING BEEN DESCRIBED IN RESOLUTION NO. 75-104 ABANDONING A PORTION OF FRONT STREET, RECORDED APRIL 23, 1975 AS DOCUMENT NO. 46491 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 450 30' 01" WEST ON THE SOUTHWESTERLY LINE OF SAID ABANDANONED 10.00 FOOT STRIP, TO THE INTERSECTION THEREOF WITH SAID NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA; THENCE ON SAID BOUNDARY, NORTH 44° 25' 05" EAST TO THE NORTHWESTERLY LINE OF FRONT STREET (88.00 FEET WIDE) AS SHOWN BY SAID RIGHT OF WAY MAP 802-V, SAID NORTHWESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1,456.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 46° 57' 44' WEST; THENCE NORTHWESTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 10' 50" AN ARC DISTANCE OF 80,82 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITH THAT PORTION OF THE NORTHWEST HALF OF THE ALLEY IN SAID BLOCK 23 ABUTTING SAID LAND WHICH WOULD PASS BY OPERATION OF LAW WITH THE CONVEYANCE OF SAID LAND. Parcel 2: (APN 922-023-019) AN EASEMENT FOR ENCROACHMENT PURPOSES OVER THAT PORTION OF LOT 1, TRACT 23925 AS SHOWN BY MAP ON FiLE IN BOOK 209 PAGES 21 THROUGH 23 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET AND 6TM STREET, AS SHOWN ON SAID MAP; THENCE NORTH 45° 30' 01" WEST ALONG THE CENTERLINE OF FRONT STREET, A DISTANCE OF 178.98 FEET; THENCE NORTH 44° 30' 50" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF FRONT STREET, (A 30 FOOT HALF WIDTH RIGHT OF WAY) SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 45° 30' 01" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1.00 FEET TO THE BOUNDARY LINE OF SAID LOT 1; THENCE NORTH 44° 25' 45' EAST ALONG SAID LINE A DISTANCE OF 393.96 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 120.0 FEET AND A RADIAL WHICH BEARS SOUTH 14° 50' 06" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID LOT LINE, SAID LINE BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF MERCE~)ES STREET THROUGH A CENTRAL ANGLE OF 00° 18' 06% AN ARC LENGTH OF 0.63 FEET; THENCE SOUTH 44° 21' 50" WEST, A DISTANCE OF 394.28 FEET TO THE POINT OF BEGINNING. THIS HEREIN DESCRIBED PARCEL CONTAINS 305.5 SQUARE FEET, MORE OR LESS. DO NOT RECORD FOR RECONVEYANCE OR FORECLOSURE SEND TO THE NEAREST OFFICE OF THE FIRST AMERICAN i t i LE INSURANCE COMPANY OF CALIFORNIA REQUEST FOR FULL RECONVEYANCE To be used only when note has been paid. Dated TO Trustee: The undemigned is the legal owner and holder of all indebtedness secured by the wtffiin Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you herewith together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same. MAIL RECONVEYANCE TO (By) (By) Do not lose or deslroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. E,YI:IIBIT E SC~DULE OF pERFORMANCE 11/29/99 1481182 F~WrRIT F FORM OF RESTRICTIVE COVENANT 11/29/99 1481182 Recording Requested by and When Recorded Return Redevelopment Agency of the City of Temecula 43200 Bus'mess Park Drive Post Office Box 9033 Temecula, Ca. 92589-9033 Attention: City Clerk Exhibit F KESTRICTIVE COVENANT TH~S RESTmCTNE COVENANT is entered into by and betwean the REDEVELOPMENT AGENCY OF THE crrY OF TEMECUL& a pubBe body corporate and politic (hereina~er referred to as "Agency"), OLD TOWN PLAZA PARTNERS, LLP, Richard G. Gabriel and Marilyn F. Gabriel, Trustees of the Gabriel Trust, James N. Senechal, Trustee of the James N. Seneehal Declaration of Trust, David L. Phares and Susie G. Phares, Thomas H. Maxwell and ~'aniee M. Maxwell, and Wayne F. Whitehurst (hereinafter collectively referred to as "Participant") with reference to the following: Participant is the owner of real property located at 28410 Front Street, Temecula, California (hereinafier referred to as the "Property") and legally Exhibit "A," attached hereto and incorporated herein by this reference. The Property is subject to the provisions of the Redevelopment Plan 1988-1 (the "Redeveiopment Plan"), as amended from time to time. Participant and Agency have entered into that certain Owner Participation Agreement dated December 14, 1999 (hereinafier referred to as the "OPA"). The OPA sets forth in full all conditions and terms agreed to by the parties hereto for the improvements to the facade of the buildings on the Property and the t~.xss and conditions of the Agency's financial assistance for such work. NOW, THEREFORE, AGENCY AND PARTICIPANT AGREE AS FOLLOWS: This Agreement is in accordance with and subject to the Redevelopment Plan, which is a public record on file in the offices of the City Clerk of the City of Temecula (the "City") and the Secretary of Agency, and with the OPA. In the event of any conflict between the terms of this Agreement and the OPA, the tenus of the OPA shall prevail. R:Xx~owersJ~faggeX~gr~e~nents~Old To~n Plaza R~ltict Corm Participant hereby covenants and agrees for itself, its successors, assigns, and every successor in interest to the Property that the Participant such successors and such assigns, shall: (a) Develop and use the Property only for the development permitted and specified in the Redevelopment Plan and the OPA (the "Project"); (b) Keep the Property free ~'om any a~eumula~on of debris or waste materials; (c) Maintain the Property in a commercially reasonably manner consistent with first class commercial shopping centers. Prior to the completion of the improvements constituting the Project, Participant hereby covenants and agxees for itself, its successors, assigns, and every successor in interest to the Property, that: (a) Concurrently with the sale, assignment, conveyance, leasing or transfer of the Property, or any part thereof, Participant shall assign to the buyer, lessee, assignee, or transferee (as the case may be) all of Participanfs rights under (i) the OPA and (ii) the agreement with the contractor for the Project, and such buyer, lessee, assignee, or transferee (as the case may be) shall execute a docuraent, approved by Agency, whereby the buyer, lessee, assignee, or transferee assumes and agrees to perform all of Participant's obligations under the OPA and such agreement with the contractor. The Participam shall deliver a fully executed original of such instrument to Agency concurrently with such sale, assignment, conveyance, leasing or transfer. Participant acknowledges that the t~ms of the OPA provide that the Loan shall be repaid in full upon a conveyance of the property. (b) The provisions set forth in this Section 3 shall not be deemed to prohibit, prevent or regulate the following: (1) granting of easements or pertnits to facilitate the Project; (2) the lease or rental of space in the completed improvemems in the ordinary course of business to tenants thereof; or (3) the conveyance of a security iracrest in the Property which is allowed pursuant to the OPA. Participant covenants and agrees for itself, its successors, ks assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, reliSion, medical condition, sex, sexual orientation, marital stares, ancestry, national orion, political affiliation or opinion, pregtmacy or pregnancy related condition, age, or physical handicap, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall Participant or any person claiming under or through Participant establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Properly. Participant covenants and agrees for itself, its successors, its assigns, and every successor of interest to the Property that all deeds, leases or contracts relating to the sale, transfer or leasing of the Property or any interest therein, the Project, or any part thereof, shall contain or be subject to R:~wffsJ'~fn~ad~xagremm~sxl31d Tow~ Plan ~ Covm substantially the following non 'd~erimination or nonsegregation clauses as required by Health and Safety Code Section 33436: (a) In deeds: "The grantee herein covenants by and for itself, its successors and assigns, and all persons claimin~ under or through them, that there shall be no discrimination against or segregation of. any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin, age, physical handicap in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person cling under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed." (b) In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital stares, ancestry, national origin, age, physical handicap in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein, nor shall lessee itself, or any person claiming under or through it establish or permit such practice or practices of discrimination of segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herfin.' (C) In contracts relating to the sale, transfer or leasing of the Property or any interest therein: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin. age, physical handicap in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it establish or perix,it any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, soblessees or vendees of the land." If participant fails to maintain the Property as required by Section 2(c), above, then Agency may give Participant written notice of the failure, including a description of the reasons for the failure. Upon receipt of the notice, Participant must immediately commence to cure, correct or remedy such default and shall complete such cure, correction or remedy within thirty (30) days ~'om receipt of the written notice of default; and during such period of curing shall not be in default. If such cure, correction or remedy, other than payment of monies due, by its nature cannot be effectuated within such thirty (30) day period, such cure, correction or remedy shall be diligently and continuously prosecuted until completion thereof, but in no event for a period longer than ninety (90) days. If such defaulting party fails to cure the default within such time period, non- defaulting party may terminate this Agreement and exercise any rights or remedies it may have at law or in equity. In addition, the Agency may declare all sum the Loan and the Grant, immediately due and payable. 11/29/99 1481163 ' 3 ' lN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above. OLD TOWN PLAZA PARTNERS~ LLP Name: Richard G. Gabriel, Trustee Title: Owner By: Name: Marilyn F. Gabriel, Trustee Ti~e: Owner By: Name: James N. Senechai, Trustee Title: Owner By: Name: David L. Phares Title: Owner By: Name: Susie G. Phares Title: Owner By: Name: Thomas H. Maxwell Title: Owner By: Name: Janice M. Maxwell Title: Owner By: Name: Wayne F. Whitehurst Title: Owner 11/29/99 1481183 ' 5 ' REDEVELOPMF,.~IT AGENCY OF THg crrY OF TEM~CULA, a pubtic body, corporate and politic Ron Robeas Chairman Attest: Susan Jones, CMC/AAE Agency Secretary Approved as to Form: Peter M. Thorson Agency Attorney NOTE: THE PARTIES' EXECUTION OF THIS AGREEMENT MUST BE NOTARIZED BY A NOTARY PUBLIC 11/29/99 1481183 State of California } County of Riverside } On ,19 , before me, , a Notary Public, personally appeared · personally known to me (or proved to me on the basis of ~ti~actory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature State of Califomia } County of Riverside } On ,19 , before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature EXHIBIT A LEGAL DESCRIPTION PARCEL 1: (APN 921-070-006) THAT PORTION OF LOTS 17 THROUGH 32, INCLUSIVE, TOGETHER WITH THE NORTHEASTERLY 10.00 FEET OF FRONT STREET ADJOINING SAID LOT 32, ALL IN BLOCK 23 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE , STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; AND THAT PORTION OF LOT 6 OF BLOCK 2 AS SHOWN BY THE MAP OF SUBDIVISION OF PAUBA LAND AND WATER COMPANY, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 11 PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF FRONT STREET (88.00 FEET WIDE) AND THE CENTERLINE OF CONSTRUCTION OF MORENO ROAD (88.00 FEET WIDE) AS SHOWN ON THE MAP OF TRACT NO. 5790 ON FILE IN BOOK 81 PAGES 31 THROUGH 35, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE CENTERLINE OF FRONT STREET BEING A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,500.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 52° 47' 50" WEST; THENCE SOUTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 39' 16" AN ARC DISTANCE OF 69.49 FEET; THENCE RADIAL TO SAID CURVE, NORTH 50° 08' 34" EAST, 44.00 FEET TO THE NORTHEASTERLY LINE OF FRONT STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 5790 AND MORE SPECIFICALLY SHOWN ON RIGHT OF WAY MAP 802-V ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF RIVERSIDE COUNTY, BEING ALSO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE LEAVING THE NORTHEASTERLY LINE OF FRONT STREET, NORTH 06<' 12' 10" EAST 33.12 FEET TO THE SOUTHEASTERLY LINE OF MORENO ROAD AS SHOWN BY THE MAP OF SAID TRACT NO. 5759 AND RIGHT OF WAY MAP NO. 802-V; THENCE ON THE SOUTHEASTERLY LINE OF MORENO ROAD NORTH 52° 15' 45" EAST, 22.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 244.00 FEET; THENCE NORTHEASTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 18° 26' 38" AN ARC DISTANCE OF 78.55 FEET; THENCE NORTH 68° 52' 18" EAST, 26.42 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 435.78 FEET, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF MERCEDES STREET (60.00 FEET WIDE) AS DESCRIBED TO THE COUNTY OF RIVERSIDE IN A DEDICATION AND EASEMENT DEED RECORDED APRIL 22, 1969 AS DOCUMENT NO. 39504 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 13° 55' 28" WEST; THENCE EASTERLY ON THE SOUTHERLY LINE OF MERCEDES STREET, THROUGH A CENTRAL ANGLE OF 14° 51' 50", AN ARC DISTANCE OF 113.05 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA, BEING ALSO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE FOR MERCEDES STREET, RECORDED APRIL 15, 1976 AS DOCUMENT NO. 50513 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EASTERLY ON THE SOUTHERLY BOUNDARY OF SAID DEED AND CONTINUING ON SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 00° 56' 15" AN ARC DISTANCE OF 7.13 FEET; THENCE TANGENT TO SAID CURVE, NORTH 88° 07' 25" EAST 196.65 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 17, IN BLOCK 23 OF THE TOWN OF TEMECULA, SAID POINT BEING SOUTH 44" 22' 13" WEST, 19.21 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT; THENCE SOUTH 44° 22' 13" WEST ON THE SOUTHEASTERLY LINE OF LOTS 17 THROUGH 32, INCLUSIVE. IN SAID BLOCK 23 AND PROLONGATION THEREOF, TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 10.00 FEET OF FRONT STREET (80.00 FEET WIDE) AS SHOWN BY THE MAP OF THE TOWN OF TEMECULA, SAID 10.00 FEET OF FRONT STREET HAVING BEEN DESCRIBED IN RESOLUTION NO. 75-104 ABANDONING A PORTION OF FRONT STREET, RECORDED APRIL 23, 1975 AS DOCUMENT NO. 46491 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 45~ 30' 01" WEST ON THE SOUTHWESTERLY LINE OF SAID ABANDANONED 10.00 FOOT STRIP, TO THE INTERSECTION THEREOF WITH SAID NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA; THENCE ON SAID BOUNDARY, NORTH 44° 25' 05" EAST TO THE NORTHWESTERLY LINE OF FRONT STREET (88.00 FEET WIDE) AS SHOWN BY SAID RIGHT OF WAY MAP 802-V, SAID NORTHWESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1,456.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 46° 57' 44" WEST; THENCE NORTHWESTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 10' 50" AN ARC DISTANCE OF 80.82 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITH THAT PORTION OF THE NORTHWEST HALF OF THE ALLEY IN SAID BLOCK 23 ABUTTING SAID LAND WHICH WOULD PASS BY OPERATION OF LAW WITH THE CONVEYANCE OF SAID LAND. Parcel 2: (APN 922-023-019) AN EASEMENT FOR ENCROACHMENT PURPOSES OVER THAT PORTION OF LOT 1, TRACT 23925 AS SHOWN BY MAP ON FILE IN BOOK 209 PAGES 21 THROUGH 23 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET AND 6TM STREET, AS SHOWN ON SAID MAP; THENCE NORTH 45° 30' 01" WEST ALONG THE CENTERLINE OF FRONT STREET, A DISTANCE OF 178.98 FEET; THENCE NORTH 44° 30' 50" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF FRONT STREET, (A 30 FOOT HALF WIDTH RIGHT OF WAY) SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 45° 30' 01" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1.00 FEET TO THE BOUNDARY LINE OF SAID LOT 1; THENCE NORTH 44° 25' 45" EAST ALONG SAID LINE A DISTANCE OF 393.96 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 120.0 FEET AND A RADIAL WHICH BEARS SOUTH 14° 50' 06" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID LOT LINE, SAID LINE BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF MERCEDES STREET THROUGH A CENTRAL ANGLE OF O0° 18' 06", AN ARC LENGTH OF 0.63 FEET; THENCE SOUTH 44° 21' 50" WEST, A DISTANCE OF 394.28 FEET TO THE POINT OF BEGINNING. THIS HEREIN DESCRIBED PARCEL CONTAINS 305.5 SQUARE FEET, MORE OR LESS. RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT December 14, 1999 Monthly Departmental Report Attached for your information is the monthly report as of December 14, 1999 for the Redevelopment Department. HOUSING First Time Homebuyers Proclram Funding in the amount of $300,000 is available for FY 99-00. Six loans have been closed for $113,860 with one loan pending. Residential Iml~rovement Prowlrams For FY 99/00, thirty-five projects have been completed and six are in process. The program budget is $200,000 and $147,232 has been funded. The majodty of these projects are roof repairs, repainting and fence replacement. Affordable Rental Housin~l Projects Agency staff has the responsibility for monitoring all projects ob~,aining Agency assistance to rehabilitate existing affordable rental housing, as well as new construction. After completion, annual reporting is required to ensure all tenants continue to meet income criteria outlined in the Project Regulatory Agreement and that all rents charged are within established affordable limits. The audit for the Rancho West Apartments (150 units) has been completed. Mission Villacle Al~artments Rehabilitation of 38 distressed affordable housing units is underway, and construction of 38 new units has begun. All units will be occupied by very low and low-income families. Construction of the units is complete. All ddves and parking surface will be installed within two weeks. A grand opening celebration is scheduled for January 20, 2000. \\TEMEC_FSIOI\VOLI\DEPTS\REDEV\SYERSK\MONTHLLY\REPORT.decernber2.doc Habitat for Humanity Habitat has completed the family selection process and is preparing plans for submittal to Planning, Title to the property will be transferred to Habitat after construction plans are approved, Pujol Accluisitions for Affordable Housincl Staff has dosed escrow on three residential sites for the future development of affordable housing, Three additional owners of property sites in the same area have accepted the Agency's offers of the appraised value, and escrows are in process, Facade ImprovementJNon-Conforminc~ Sign Proclram The following facade improvement/sign projects have recently been completed: · Main Street Salon Signs · 28657**63 Front Street (Rocky Mountain House, et,al,) - extedor paint The following facade improvements are underway: · Second Street Automotive (Second and Mercedes) Complete Facade Renovation · Rancon Building (Front Street) Repaint Trim & Sign · The Temeku Market and Porch (Front Street) Fire Sprinklers · Palomar Hotel Plans have been submitted for the rehabilitation of the hotel and its conversion to a Bed and Breakfast. The Agency will provide financial assistance through the Fa~:ade Improvement Program, · Circle K Center in Old Town The Redeveiopment Agency has negotiated assistance for the rehabilitation of the center, Western-style architectural enhancements are included, R:\syersk\monthly\report. May 2 ITEM 15 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: PREPARED BY: RECOMMENDATION: City Manager/City Council Gary Thornhill, Deputy City Manager' December 14, 1999 Rancho Highlands Drive General Plan Amendment (Planning Application PA99-0451) David Hogan, Senior Planner The Planning Commission recommends that the City Council: 1. APPROVE a Negative Declaration for Planning Application PA99-0451; and, 2. ADOPT a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S PARCEL NOS. 944-330-019 (PLANNING APPLICATION NO. PA99-0451 ) BACKGROUND: The purpose of this amendment is to correct a mapping discontinuity between the Rancho Highlands Specific Plan and the General Plan Land Use Map. The General Plan Amendment, if approved, would change the designation on 1.4 acres of property from Open Space to Highway Tourist Commercial. This clean-up General Plan Amendment would apply to most of Lot 3 of Parcel Map 23624. This item was initially presented to the Planning Commission at their August 18, 1999 meeting. At that time, the Commission continued this General Plan Amendment off calendar to provide staff an opportunity to gather additional information about the original intent of the Rancho Highlands Specific Plan. Following this meeting, staff prepared additional information for the Commission. This additional information was presented to the Planning Commission at their December 8, 1999 meeting. The results of the Planning Commission's deliberations will be provided to the City Council dudng staffs presentation. \\TEMEG_FS101\VOL1%Depts%PLANNING%STAFFRpT~451pA99 CCI,doc 1 Rancho Hi~lhlands Specific Plan The Rancho Highlands Specific Plan was initially approved by the County of Riverside in 1984. Following the identification of the VVildomar Fault in the late 1980's, the Specific Plan was substantially amended in 1988 to remove development from the Alquist-Pdolo Special Study Zone. The AlquistoPdolo Special Studies Zone Act called for the identification of active fault zones throughout the State and required that all habitable structures be located at least 50 feet away from an identified fault zone. It is Staffs opinion that a landscaped and manufactured slope has been incorrectly identified as open space on the City General Plan. The issue of open space is discussed in four different areas of the Rancho Highlands Specific Plan. The four areas are as follows: Section III.A.2.d on page 16: The Open Space/Recreation discussion states that the 1988 amendments to the Specific Plan would reduce the amount of open space/major slopes within the project from 60.6 to 34.3 acres. The change represented a shift from away from non-usable slope areas toward more active recreation sites. The odginal Specific Plan had no park or recreation facilities shown on the plan. The key fact hera is that major slope areas were considered to be open space within the Plan. The definition of open space used in the Specific Plan is very differant from the definition commonly in use by the City of Temecula. The City Planning Department does not consider manufactured slopes to be open space since none of the underlying plant and animal resources remain after the grading and landscaping processes are completed. Section III.A.7 Open Space and Recreation Plan on pages 26 through 28: The open space issues are discussed in more detail in Section 7 of the Specific Plan. This section states that the Open Space and Recreation Plan includes natural open space, two lakes, and racreation centers (paragraph I on page 26). There is another reference to open space in Paragraph 3 that talks about the acreage of "open space/major slopes" within the project. Most of the rest of this section discusses the proposed recreation facilities. Figure 12 shows all the "Natural Open Space/Manufactured Slope" areas within the project. The area of the proposed General Plan Land Use Map change is shown on Figure 12 as a Natural Open Space/Manufactured Slope. Figure 13: The conceptual Grading Plan for the Rancho Highlands Specific Plan also provides information about future open space areas within the Plan. Specifically, the legend for the conceptual grading exhibit contains a listing for "Natural Open Space". When the exhibit is examined, no natural open space areas are actually shown on this Plan. Because natural open space is shown on the legend and not identified on the conceptual grading exhibit, staff believes that the open space areas in the odginal Specific Plan ware eliminated when the Specific Plan was amended in 1988. Based upon an evaluation of the Specific Plan, it is believed that the site had originally been envisioned to contain only manufactured landscaped slopes. These slopes were supposed to provide a transition area between two adjacent Planning Areas. However, the need for an extensive transition in this area was eliminated when the site was graded and used as a borrow site in the eady 1990s. %%TEMEC_FS101 ~VOL1 ~Depts~PLANNING%STAFFRPT~451PA99 CCI,doc 2 Figure 6, the Land Use Plan, has been prepared in a "bubble" style and is intended to show only the general development area for each particular Planning Area. As a result, staff believes that the "open space" area in question, was intended to depict a transition and slope area between Planning Area 2 (commercial) and Planning Area 6 (high density residential/commercial). Finally, the interpretation that Open Space had never been intended in this area is further supported by Riverside County's approval of Tentative Parcel Map 23624 in 1989. At that time, Planning Area 2 was subdivided into three commercial sites. None of the three parcels contained an identification that an undevelopable open space lot was being created. The other two commercial sites have already been developed with commercial uses. In conclusion, staff believes that this open space area within the Rancho Highland Specific Plan was never intended to be open space as we currently understand it. The Specific Plan, when taken as a whole, indicates that these areas were originally intended to represent a landscaped transition area between the different land use areas. As a result, it is recommended that the proposed clean-up amendment to the General Plan be approved. A copy of these various pages from the Rancho Highlands Specific Plan are in Attachment No. 3. ENVIRONMENTAL DETERMINATION: An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts or any impacts beyond those identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments would not result in impacts beyond those originally anticipated for the City General Plan. As a result, these potential increases are not considered significant and Planning Commission recommends that a Negative Declaration be adopted. FINDINGS To approve a General Plan Amendment, the following findings must be made: The amendments are compatible with the health, safety and welfare of the community. 2. The amendments are compatible with existing and surrounding uses. The amendments will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. ATTACHMENT: 2. 2. 3. 4. Resolution No. 99- - Blue Page 4 Dreff Planning Commission Resolution - Blue Page 7 Initial Environmentel Study - Blue Page 11 Selected pages from the Rancho Highlands Specific Plan - Blue Page 12 Exhibits - Blue Page 13 A. Location Map B Existing General Plan Map \\TEMEC_FS101 \VOL1 ~Depts~PLANNING~STAFFRPT~451PA99 CCI.d~c 3 ATTACHMENT NO. 1 RESOLUTION NO. 99-_ \~TEMEC_FS101\VOLI ~Depts~PLANNING~STAFFRPT%451 PA99 CCI.doc 4 ATTACHMENT NO. I RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S PARCEL NOS. 944-330-019 (PLANNING APPLICATION NO. PA99-0451) WHEREAS, the City of Temecula initiated Planning Application No. PA99-0451, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0451 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the Planning Commission considered Planning Application No. PA99-0451 on December 8, 1999, at a duly noticed public headng as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission headng and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA99- 0451; WHEREAS, the City Council conducted a public headng pertaining to Planning Application No. PA99-0451 on December 14, 1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. PA99- 0451; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA99-0451; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings The City Council, in approving Planning Application No. PA99- 0451 (General Plan Amendment) hereby makes the following findings: the community. These amendments are compatible with the health, safety and welfare of B. These amendments are compatible with existing and surrounding uses. C. These amendments will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. \\TEMEC_FS101\VOL1~DeptS~PLANNING~STAFFRP'I~I5tPA99 CCI.doc 5 Section 3. Amendments To The General Plan Land Use MaD The City Council hereby amends the General Plan Land Use Map for the parcels identified as APN 944-330-0219; change the Land Use Designation from Open Space to Highway Tourist Commercial. Section 4. Environmental Comcliance. An initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendment will not result in impacts beyond those originally anticipated for the City General Plan. As a result, the City Council determines that the potential impacts of this change was adequately addressed by the Final Environmental Impact Report for the City General Plan and that no further environmental analysis is required. Section 5. Severability The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining pads of this Resolution. Section 6. The City Clerk shall certify the adoption of this Resolution. Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of December, 1999. ATTEST: Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 9~._ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the __ day of 199 AYES: NOES: ABSENT: by the following vote, to wit: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: \%TEMEC_FS101\VOL1%DeptS%PLANNING%STAFFRPT%451PA99 CCI.doc 6 Susan W. Jones, CMC/AAE City Clerk ATTACHMENT NO. 2 DRAFT PC RESOLUTION NO. 99- \\TEMEG_FS101\VOLl%Depts%PLANNING%STAFFRPT~I51PA99 CCI,doc 7 ATTACHMENT NO. 2 PC RESOLUTION NO. gg-__. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S PARCEL NO. 944-330-019 (PLANNING APPLICATION NO. PA99-0451)" WHEREAS, the City of Temecula initiated Planning Application No. PA99-0451, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0451 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; WHEREAS, the Planning Commission considered Planning Application No. PA99-0451 on December 8, 1999, at a duly noticed public headng as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; and WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA99- 0451; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in recommending approval of this General Plan Amendment, make the following findings: A. The amendment is compatible with the health, safety and welfare of the community. B. The amendment is compatible with existing and surrounding uses. C. The amendment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. Section 3. Environmental Compliance. An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that the proposed General Plan Amendment would not result in impacts beyond those originally anticipated for the City General Plan. As a result, the \\TEMEC_FS101\VOLI~Depts~PLANNING\STAFFRpT~451pA99 CCI.doc 8 Planning Commission recommends that the City Council make a determination that the potential impacts of this change were adequately addressed by the Final Environmental Impact Report for the City General Plan and that no further environmental analysis is required. Section 4. The City of Temecula Planning Commission heraby recommends approval of Planning Application No. PA99-0451 (General Plan Amendment) and recommends that the City Council do the following approve a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S PARCEL NO. 944-330-019 (PLANNING APPLICATION NO. PA99-0451)" substantially in the form that is attached as Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED this 1999. day of Ron Guerriero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 8t" day of December, 1999 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary %%TEMEC_FS101~VOL1%Depts~PLANNING~STAFFRpT~51PA99 CCI.dOC 9 ATTACHMENT NO. 3 SELECTED PAGES FROM THE RANCHO HIGHLANDS SPECIFIC PLAN \\TEMEC_FS101%VOL1 ~Depts~c~LANNING~STAFFRpT~.451PA99 CCI.d~c 10 7. ODen SPace and Recreation a. Open Space and Recreation Plan The Open Space and Recreation Plan for Rancho Highlands includes natural open space, two lakes, and recreation cen- ters as shown on Figure 12. Open space continues to provide buffering from the freeway and Ynez Road. However, internal common open space has been minimized to a large extent due to the change in product mixture from higher density clustered development to medium (2-5 du/ac) density single-family detached dwelling units. The Amendment now shows a 7.8 acre community private recrea- tion park site in the east/central portion of the site (as noted in Section III.A.2., Land use and Density). That site will be used for more active participation recreational land uses than the open space which was provided on the approved Speci-fic Plan. Some uses which may be provided are a recreation building, tennis courts, volleyball courts, swimming pool, children's play area, ball fields, etc. In addition, private recreation centers will be provided in the very high density areas (Planning Areas 3, 6, and 7). The recreation center in Planning Area 6 will be available for use by the residents of both Planning Areas 4/5 and 6. If a recreation center is desired in Planning Area 4/5, then the recreation center in Planning Area 6 will be reduced in size accordingly. The County requirements relative to subdivision ordinance amendment number 460.76 (which implements the provisions of the Quimby Act), will be satisfied by the proposed recreational land and activities proposed. This Ordinance Amendment requires that three (3) acres of property for each 1,000 persons within the community be dedicated to neighbor- hood and community park and recreational purposes, for benefit of the residentis. Based on an estimated 2.8 persons per dwelling unit, population for the project should total 2,293 persons, which would require 6.5 acres of recreational land to satisfy proposed Ordinance requirements. The recreation facilities/park site (7.8 acres) more than meets that requirement. In addition, as noted, private recreational facilities will be provided in the very high density residential areas, and there are 32.5 acres of open space/major slopes. The equestrian trail in the western portion of the site has been eliminated. Since the conception of the original Rancho Highlands Plan, the Rancho California area has been in a state of land use transition from a predominantly rural to a more urbanized condition. Additionally, the equestrian trail did not connect to a major regional system and essentially ended in the northern reaches of the site. In the approved 26 plan, the trail provided access to the natural open space ad- jacent to the freeway. Because that open space has been reduced in favor of usable park and recreation area in the eastern portion of the site, the trail is no longer needed. b. Development Standards 1) The open space and recreation areas shown in Figure 12 shall be developed in accordance with the requirements and standards of the R-5 zone of Riverside County Ordinance No. 348, and the Specific Plan on a minimum of 50 acres as follows: O A master property owner's association shall be es- tablished to operate and maintain all open space areas and recreation facilities. C Vegetative stands shown in Figure 12 shall be pre- served within open space areas and maintained in a viable growth condition. Natural springs, ponds, water courses, and seeps, shall be preserved within open space areas to the greatest extent possible. Class I bike lanes, equestrian trails and hiking trails shall be constructed in accordance with Figure 12. Equestrian trails crossings shall be constructed across identified roadways and conveyed to the Master Homeowner's Association for maintenance. Class II bike lanes shall be constructed on all arterial and collector roadways Ynez Road, Santiago Road and Rancho California Road, as they border the Specific Plan site, and on "A" Street and "H" Street within the Specific Plan. 2) Community recreation center and neighborhood recreation centers shall be developed in accordance with Exhibit "D", and shall include the following: O The sites shall be fully landscaped with specimen trees, shrubs and ground cover. An automatic irrigation system shall be installed in a manner compatible with the natural character of the drainage course. O Maintenance of the recreation centers shall be the responsibility of the master property owner's association. 27 ·// c. Church Site The approved Specific Plan shows a 6.0 acre church site (Planning Area lS) in the southwest portion of the site. The size and location of Planning Area 18 remains intact with this Amendment. Depending on future demand, construction of one or more churches and church-related uses may occur in this area or in Planning Area 19. d. Open Space/Recreation The approved Specific Plan shows 60.6 acres devoted to open space/manufactured slopes. This Amendment proposes an open space/major slope category containing 34.3 acres, a reduc- tion of 26.3 acres from the approved plan. While there has been an overall reduction in open space, there is a shift towards more active participation recreation uses from the generally non-usable open space/slope areas. The approved Specific Plan provides a 2.3 acre private recreation site in the west/central portion of the site. This Amendment proposes a 7.8 acre recreational facili- ties/park site (Planning Area 10) in the east/central portion of the site. Some uses which may be provided are a recreation building, tennis courts, volleyball courts, swimming pool, children's play area, ball fields, etc. Please see Design Guidelines, Section IV., for design details for these facilities. 3. Housinq The proposed Specific Plan Amendment project includes sever- al housing products. Primary housing neighborhoods will include equestrian lots (low density), small and move-up single-family detached development (medium density), and apartments and condominiums (very high density). The approved Specific Plan included cluster attached projects in Planning Areas 13 and 14; and duplex units in Planning Areas 10 and 12. It has been determined that lower density dwellings are more appropriate and more marketable in this area than those previously approved cluster and duplex units. Therefore, single-family residential units are now depicted in those areas with the exception of Planning Area 10 which is now proposed to be developed with a park and recreational facilities. 16 Z ..I ,., Z ,( LU ATTACHMENT NO. 4 EXHIBITS %\TEMEC_FS101\VOL1~Depts%PLANNiNG%STAFFRPT%451PA99 CCLdoc 11 CITY OF TEMECULA CASE NUMBER: PA99-0451 EXHIBIT- A CITY COUNCIL DATE - DECEMBER 14, 1999 LOCATION MAP CITY OF TEMECULA CC CC .f Ht O 'C OS EXHIBIT B - GENERAL PLAN DESIGNATION CASE NUMBER: PA99-0451 CITY COUNCIL DATE - DECEMBER 14, 1999 ATTACHMENT NO. 5 INITIAL STUDY %\TEMEC_FS101\VOL1%Depts%PLANNINGVSTAFFRPT~451 PA99 OCI.dec City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Planning Application PA99-0451 - Rancho Highlands Ddve General Plan Land Use Map Amendment Lead Agency Name and Address Contact Person and Phone Number City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 David Hogan, Senior Planner (909) 694-6400 Project Location West of Rancho Highlands Ddve, immediately east of Interstate 15 in the City of Temecula. Project Sponsors Name and Address General Plan Designation City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Open Space Zoning Specific Plan (SP-2) ~escription of Project Surrounding Land Uses and Setting Other public agencies whose approval is required Amend the General Plan Land Use Map for a portion of the Rancho Highlands Specific Plan from Open Space to Highway Toudst Commercial to correct a mapping error from the eadlar adoption of the General Ran. The underlying Specific Plan land use and site development requirements are not being changed by this amendment. Any future development of the site will comply with the appropriate development and environmental review requirements. The site is located in the Rancho Highlands Specific Plan in an area identified for urban scale development. The current adjacent land uses are as follows: North: Commercial (the Embassy Suites Hotel) East Vacant South: Vacant West: Interstate 15 None. F:%Depts~PLANNING%CEQA~451PA99 IES.d~c 1 Environmental Factors Potentially Affected - The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use Planning Population and Housing Geologic Problems Water Air Quality Transportation/Circulation Biological Resources Energy and Mineral Resources Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will nor ~ a significant effect in this case because revisions in the project have been made by or agreed to by project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an eadier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the eadier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL iMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an eadier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required, Signature Date Pdnted name For F:~Depts~PLANNING\CEQA~I51PA99 IES.doc 2 I1. Land Use and Planning. Would the project: ~ Pgleni~lly Sig~,ficantUnlr~: L~Than .... · .... : .... Signirmnt Mitigation:::: ~ :Signlrx:~nl: NO a. Physically divide an established community?.(3) ,/ b. Conflict with applicable land use plan, policy, or regulation ,/ of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigation an environmental effect? (I) c. Conflict with any applicable habitat conservation plan or ,/ natural community conservation plan? (2) Comments: The proposal is intended to correct a mapping error that occurred dudng the odginal General Plan process. The site was inadvertently designated as open space when it was pert of Planning Area No. 2. The Open Space on the General Plan was, in Rancho Highlands Specific Plan, manufactured and landscaped slopes that were intended to rapresent a transition area between future commercial and residential areas. The Randno Highlands Specific Plan did not identify any environmental resources that would be protected. The project will not conflict with the applicable environmental plans or policies adopted by the agencies with jurisdiction over the project. The project will not divide an established community. The site is located in a commerdal area between Randno Highlands Ddve and Interstate 15. There is no established community on or near the site to be divided by this proposal. There are also no habitat conservation or natural community conservation plans applicable to the site. Therefore, no significant impacts will result from the proposed project. 2. POPULATION AND HOUSING. Would the project: Induce substantial population growth in an area, either ,/ directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, ,/ necessitating the construction of replacement housing elsewhere? (3) Displace substantial numbers of people. necessitating the ,/' construction of replacement housing elsewhere? (3) Comments: The project will not induce new population growth within the area and will not displace existing residential structures or area residents. The project is the correction of a mapping error for a commercial zone within an appreved specific plan. As a result, no population displacement or inducement impacts are associated with this proposal. F:~)epts~PLANN ING\CEQA~451 PAg9 IES.doc 3 3. GEOLOGY AND SOILS. Would the project? a. ii) iii) iv) b. C. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (1,2,3) Rupture of a known earthquake fault, as delineated on ,/ the most recent Alquist-Pdolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? ,/ Seismic-related ground failure, including liquefaction? ,/ Landslides? ,/ Result in substantial soil erosion or the loss of topsoil? ,/ Be located on a geologic unit or soil that is unstable, or ,/ that would become unstable as a result of the project, and potentially result in on- or off-site landslide, laterel spreading, subsidence, liquefaction or collapse? (3) Be located on expansive soil, as defined in Table 1801-B ,/ of the Uniform Building Code (1994), creating substantial dsks to life or property?. Have soil incapaNe of adequately supporting the use of ,/ septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: The project is a General Plan Land Use Map correction and will not expose people or structures to potential substantial adverse effects, Any spedtic development proposals will receive the appropriate environmental review when the detailed project is ready for consideration. The General Ran identifies significant seismic hazards near the project area. The General Plan EIR also identifies numerous mitigation measures that will be applied when development occurs. These measures have the ability to reduce the impacts from vadous seismic-related hazards. The project (a General Plan Land Use Map correction) has no potential for soil subsidence and slope instability. In addition, no onsita waste disposal is being proposed. As a result, no significant effects are anticipated as a result of this project. 4. HYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quality standards or waste discharge ,/ requirements? b. Substantially deplete groundwater supplies or interfere ,/ substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a Iowedng of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for FRDepts~PLANNING%CEQA~,51PA99 IES.doc 4 j, which permits have been granted)? (2) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or dver, in a manner which would result in substantial erosion or siltation on- or off-site? (3) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or dver, or substantially increase the rate or amount of surface ranoff in a manner which would result in flooding on- or off-site? (3) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (4) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (4) Expose people or structures to a significant dsk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (4) Inundation by seiche, tsunami, or mudflow?. (2,4) Comments: The proposed amendment will not alter or impact physicel areas where flood hazards have been identified within the City's boundaries and will not effect water quantity or quality. As a result, no significant impact have been identified. AIR QUALITY. Where available, the significance criteria established by the applicable quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? (1,2) b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting a substantial number of people? (2) F:~Depts~PLANNING~CEQA~451 PA99 IES.doc 5 Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (2,3) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: The site has already been graded and disturbed and contains no identifiable biologic resources. Pdor to the approval of any detailed development proposal, the potential impacts to on site biologic resources will be evaluated. As a result, no impacts are anticipated as a result of this project. 8. MINERAL RESOURCES. Would the project: Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (1,2) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: The project is a General Plan Land Use Map correction and will not impact mineral resources. In additjon, no mineral resources have been identified on the site. As a result, no impacts are anticipated as a result of this project. 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: ::: : : :/:: : : ~indSuppodhminfo~i~:: : : : ....... a. Create a signi~nt ha~rd to ~e public or ~e environment ~mugh ~e mu~ne ~anspo~ation, use, or disposal of hazardous materials? b. Crate a signifi~nt hazard to the public or the environment ~rough reasonably foreseeable upset and ac~dent ~nditlons involving the release of ha~rdous materials into ~e environmen~ F:~Depts~PLANNING~CEQA~451PA99 IES.doc 7 Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (1) For a project within the vicinity of a pdvate airstrip, would the project result in a safety hazard for people residing or working in the project area?(1) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant dsk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? NA NA ,f Comments: The proposed amendment, a mapping error correction to the General Plan Land Use Map will not cr a public hazard or result in a the discharge of hazardous material. The project is not located in a Io~ that would block or interfere with an emergency response plan. As a result, no significant impacts have been identified. 9.e,f The project is not located within the Airport Influence Area of the French Valley Airport, the dosest airport to the project site. Therefore, no significant impacts are possible. 9,g,h The site is also not expected to be affected by wildland fires. The site is located in an urban area. and Interstate 15 is between this site and the closest wildland fire area. As a result, no significant impacts have been identified. 10. NOISE. Would the project result in: Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (1,2) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (1,2) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (1,2) Po~enlially.. Si~li~centU~klss. LeesThan: . ,/ F:~Depts~PLANNING~CEQA~451 PA99 IES.~toc 8 A substantial temporary or pedodic increase in ambient noise levels in the project vicinity above levels existing without the project?. (1,2) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? NA NA Comments: 10. The project, a General Plan Land Use Map mapping error will not result in any noise impacts. Any future development on the site will consider these factors pdor to any approval. The project is not located within the Airport influence Area of the French Valley Airport, the closest airport to the project site. As a result, no significant impacts have been identified. 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered Government services in any of the following areas: ~ :: ! : :~ ;::i: !: ;:: L~ ::; ::: ~: L~i isignr.~a~Z: :Mli~=~;:;~!~ ZZiSigh~'~nl:.~Z !Zi!Z~i~ : !: :~: .... ~::;!!~i~S.,p~ti~gnfommtk;~r~::::: :~::! ::;: ~;;: :;:~:~::~;~ ~; ~::;~a~:;;;:;:;~:;;~ a. Would the project result in substantial adverse physi~l / impa~s associates wi~ ~e provisions of new or physi~lly altered governmental bcilities, need for new or physi~lly altered govemmen~l bcilities, the const~ction of ~ich could ~use signifi~nt environmental impa~s, in o~er to maintain accep~ble se~i~ ratios, ms~nse times or o~er peffo~an~ obje~ives for any of ~e public se~i~s? (1,2) b. Fire protection? ~ c. Poli~ protection? ~ d. Schools? / e. Pa~s? l f. Other public fa~lities? I Comments: 11 The project, a General Plan Land Use Map mapping error will not result in any impacts to public services. Any future development on the site will consider these factors prior to any approval. As a result, no impacts have been identified. 12. UTILITIES AND SERVICE SYSTEMS: Would the project: $ut~x~inglllfOm~anSaurae~: tinpad a. ~ceed wastewater treatment requirements of the appli~ble Regional Water Quali~ Control Board? b. Require or result in ~e ~nst~ion of new water or wastewater treatment facilities or expansion of existing facilities, the ~nstmction of ~ich could ~use signifi~nt F:%Depts%P LANN ING\CEQAV(51PAgg IES,doc b. Cause a substantial adverse change in the significance of ,,/ an archaeological resource pursuant to Section 1506.57 ;. Directly or indirectly destroy a unique paleontological ,/ resource or site or unique geologic feature? d. Disturb any human remains, including those interred ,/ outside of formal cemeteries? Comments: 14. The project, a General Plan Land Use Map mapping error will not result in any impacts to cultural resources. Any future development on the site will consider these factors pdor to any approval. As a result, no impacts have been identified. 15. RECREATION. Would the project: ::~mdS~ing:i~0~oui'~: i:~ : ~:: ;: ::: i:~:lmpact: :i: incorporated Impact: imped a. Would the project increase the use of existin9 neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ,omments: 15. The project, a General Plan Land Use Map mapping error will not result in any impacts to recreational facilities. Any future development on the site will consider these factors pdor to any approval. As a result, no impacts have been identified. 16. MANDATORY FINDINGS OF SIGNIFICANCE. F:~Depts~PLANNING\CEQA~51PA99 IES.doc ~: Polenti"!ly i~ :SiftillcsntUnlef& : Lee~Tl~n!!!i :!:!~;~!::!: Does the project have the potential to degrade the quality ,/' of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major pedods of California history or prehistory? Does the project have impacts that are individually limited, ,/' but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: 16. The project, a General Plan Land Use Map mapping error will not effect the environment or other important statewide resources. 17. EARLIER ANALYSES. Eadier analyses may be used where, pursuant to the tiedng, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an eadier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. Eadier analyses used. Identify eadier analyses and state where they are available for review. Impacts adequately addressed. Identify which affects from the above check list were within the scope of and adequately analyzed in an eadier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated." describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 17. This project, a General Plan Land Use Map mapping error, does not effect the previous analysis undertaken for the Rancho Highlands Specific Plan and the City General Plan. This proposal is consistent with both documents because the City General Plan was developed to incorporate the approved Specific Plan. In addition, the City zoning map indicates that the project area is zoned Specific Plan. As a result, proposal is consistent with all previous analyses. SOURCES 2. 3. 4. City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. Rancho Highlands Spec, jfic Plan and EIR, FEMA Flood Map: Map No. 060742 0005 B. F:'Z)epts%PLANNING\CEQA~451PA99 IES.doc 12 ITEM 16 TO: FROM: DATE: SUBJECT: CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manager December 14, 1999 Planning Application No. PA99-0266 (Minor Conditional Use Permit - Appeal) Ollie House Indoor Skateboard Park, Located Within an Existing Building at 43300 Business Park Drive Prepared by: John De Gange, Project Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 1. DENY the appeal and uphold the approval by the Planning Commission of Planning Application No. PA99-0266 (Minor Conditional Use Permit); and 2. ADOPT a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA99-0266, (MINOR CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-055 BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK BACKGROUND: This application was initially received on July 8, 1999 and a Development Review Committee (DRC) meeting was held on August 5, 1999. The project went to Planning Director's hearing on October 14, 1999. Concerns regarding land use compatibility were raised by representatives from International Recti~er, the Rancho California Business Park Association and other business owners in the vicinity at the October 14th Director's Hearing. As a consequence, the item was referred to the Planning Commission. After considering lengthy testimony both in F:\DEPTS\PLANNING\STAFFRPT\266pa99 .Appeal .CC.doc opposition and support of the project the Planning Commission approved Planning Application No, PA99-0266 (Minor Conditional Use Permit) at the November 3rd Planning Commission meeting by a 3-1 vote (Commissioner Fahey dissenting and Chairman Guerriero absent). On November 17, 1999 the City received an application from International Rectifier for an appeal of the Planning Commission's decision to approve Planning Application PA99-0266. PROJECT DESCRIPTION: The project is a request for a Minor Conditional Use Permit (CUP) to allow the operation of an indoor skateboard park within a 21,346 square foot unit located within an existing building at 43300 Business Park Drive. The proposed hours of operation for the project are Monday through Thursday from 2:00 PM to 9:00 PM, Friday 12:00 PM to 11:00 PM, Saturday from 9:00 AM to 11:00 PM, and Sunday from 10:00 AM to 9:00 PM. The number of employees needed for the operation ranges from 4 to 8. The anticipated number of parking spaces needed for this use is 26 spaces that can adequately be accommodated by the 227 spaces that are available in the center. DISCUSSION: The project site is located within a light industrial area with existing industrial uses currently in operation. The zoning for the area allows a variety of manufacturing and warehousing activities as permitted uses. In the past, two other similar uses within the vicinity of this project, a church and a day care, were approved by the City with separate CUP applications (day care uses, however, are no longer permitted in the Light Industrial (LI) zone). The site where the use is being proposed is located across Business Park Drive from International Rectifier (HEXFET) which transports, stores and utilizes hazardous chemicals as part of its operations. Throughout the process, including at the Planning Director's Hearing and at the Planning Commission meeting, concerns relative to land use compatibility have been expressed by representatives of International Rectifier, the Rancho California Business Park Association and other neighboring business in the vicinity. International Recti~er approached staff prior to the Planning Director's hearing with a series of concerns. These concerns were revisited at the Director's Hearing and at the Planning Commission and can be outlined as follows: 1 ) concerns with respect to safety in the event of a natural disaster, or an accident involving trucks transporting hazardous chemicals to and/or from their building; 2) concerns that the presence of this use would jeopardize their ability to expand due to scrutiny from regulating agencies (such as the South Coast Air Quality Management District [SCAQMD]); and 3) concerns of traffic hazards generated by incompatible uses and the different traffic patterns associated with the two different uses. The Rancho California Business Park Association has indicated that their board denied the applicant's request for this use at this location. This denial was based on a variety of concerns stemming from what they felt were land use incompatibility issues. Their land use incompatibility issues are based on a feeling that this use poses an unacceptable liability risk because it will attract a large number of children within an existing industrial area. They also expressed a concern that a recreational use such as a skateboard park would have a 'chilling" effect on the properties in the vicinity which would detract from the existing use's ability to operate or expand, or the business park's ability to attract new quality industrial uses. As mentioned above, the Planning Commission approved the project by a 3-1 vote. Commissioner Fahey indicated that she did not feel that this use was appropriate within a Light Industrial area, however, the general consensus from Commissioner's Naggar, Mathewson and Webster was that they were not convinced that this project would impact traffic, cause an unsafe interface with children and industrial truck traffic, or have an adverse effect on surrounding businesses. In addition, the consensus of the three Commissioners was that insufficient evidence was presented F:\DEIYrS\PLANN1NG\STAFFRPTX266pa99.Appeal .CC.doc 2 to substantiate the claim that the safety risk posed by the International Recti~er on this proposed use was a unique situation. It was stated that this risk currently exists for the existing and future uses in the area of influence of that operation. ANALYSIS OF THE APPEAL: The appeal submitted by International Recti~er requests that the City Council void the decision of the Planning Commission to approve Planning Application No. PA99-0266 or postpone the making a decision to approve or deny the CUP application until, in their opinion, the City complies with the provisions within CEQA. International Rectifier's appeal is based on three points. These points are listed below: 1) The Planning Commission wrongly approved the application for a CUP for a project that is inconsistent with zoning regulations. tt was determined by staff that the use proposed by the applicant fell under those uses which require a Conditional Use Permit pursuant to the Development Code. The project was reviewed under the guidelines within the Development Code for a conditionally approved uses. Staffs findings were presented to the Planning Commission at the November 3, 1999 meeting. The Planning Commission reviewed staffs findings, considered the testimony presented at the Planning Commission meeting and approved the project based on the findings within staffs report. 2) The Planning Commission wrongfully approved the application for the CUP without making the necessary findings required by the Temecula Municipal Code in that there is no substantial evidence in the record establishing that the proposed use is compatible with adjacent uses and will not adversely affect the adjacent uses and there is substantial evidence in the record that the proposed use is not compatible with the adjacent uses and will adversely affect the adjacent uses. The Planning Commission reviewed the findings and analysis contained in staffs report, and carefully considered the testimony presented at the Planning Commission meeting. With all the information presented them, the Planning Commission determined that the use was compatible with existing uses within this zoning district and within the vicinity of the project. On this basis the appropriate findings were made and the project was approved. 3) The Planning Commission wrongly determined that approval of a CUP for the proposed use was exempt from review under CEQA. This project was reviewed under the criteria established within the California Environmental Quality Act (CEQA) Guidelines. It was determined by staff that though application is considered a project under Section 15601of CEQA, it meets all the criteria within Section 15301to be categorically exempt because this application represents a minor alteration of an existing facility involving a negligible expansion of the use beyond that previously existing. The Planning Commission reviewed staffs findings and considered the testimony presented at the Planning Commission and with the approval of the project determined that the project is a categorical exemption pursuant to Section 15301, and that the application of that exemption is not barred by one of the exceptions set forth in Section 15300.2 F:',DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc 3 FISCAL IMPACT: This project will have no tangible fiscal impacts on the City. ENVIRONMENTAL DETERMINATION: It is anticipated that an additional Notice of Exemption (NOE) will be filed for Planning Application No. PA99-0266 pursuant to the California Environmental Quality Act Guidelines, Section 15601 and 15301 (a NOE was filed when the project was originally approved by the Planning Commission, but because the project is being appealed, new documentation will need to be filed if the City Council approves this project). It has been found that the project qualifies as a categorical exemption pursuant to Section 15301, and that the application of that exemption is not barred by one of the exceptions set forth in Section 15300.2. Section 15301 Class 1 (b) applies to Existing Facilities. This project falls within this category because it is a minor alteration of an existing facility, which involves a negligible expansion of the use beyond that previously existing. The proposed project meets all the criteda under this category, and therefore the project is eligible for a CEQA exemption pursuant to Sections 15061 and 15301 of the CEQA Guidelines. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The project has been reviewed for consistency with these documents and Staff has determined that the project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. The proposed conditional use as conditioned can be considered compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed use will not adversely affect the adjacent uses, buildings, or structures, because there a similar uses within the vicinity (a church and day care) and because the proposed hours of operations do not conflict with the hours of operations for the light industrial uses in the area. The use is proposed to be located in a portion of an existing at 43300 Business Park Ddve. The proposed project is located within an area of existing industrial uses which also includes a church. The site for the proposed conditional use is adequate in size and shape to accommodate the project. Staff has reviewed the project and has determined that the project is consistent with the standards of the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are is not detrimental to the health, safety and general welfare of the community. Compliance with these documents will assure this is achieved. F:\DEPTS\PLANNlNG\STAFFRFr\266pa99.AppeaI.CC.doc 4 Attachments: 3. 4. 5. 6. 7. City Council Resolution No. 99- approving Planning Application No. PA99-0266 (Minor Conditional Use Permit) - Page 6 Exhibit A- Conditions of Approval - Page 10 Planning Commission Staff Report from the November 3, 1999 Meeting - Page 16 Minutes From the November 3, 1999 Planning Commission Meeting - Page 17 Staff Report and Minutes from the October 14, Directors Hearing - Page 18 Information Packet Submitted by International Recti~er as Part of their Appeal - Page 19 Letters Received Regarding Project- Page 20 F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.dOC A"R'ACHMENT NO. I CITY COUNCIL RESOLUTION NO. 99- F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.dOC RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA99-0266, (MINOR CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-055 BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK WHEREAS, the Ollie House Inc., filed Planning Application No. PA99-0266 (Minor Conditional Use Permit) which is in accordance with the City of Temecuia General Plan and Development Code; WHEREAS, Planning Application No. PA99-0266 (Minor Conditional Use Permit) was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission approved Planning Application No. PA99-0266 (Minor Conditional Use Permit) on November 3, 1999 at a duly noticed public hearing as prescribed by law, at which time the City staff and interested ~ersons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission approved Planning Application No. PA99-0266 (Minor Conditional Use Permit); WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA99-0266 on December 14, 1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. PA99-0266; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA99-0266; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. That the City of Temecula City Council, in approving Planning Application No. PA99-0266 (Minor Conditional Use Permit), hereby makes the following findings as F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc 7 required in Chapter 17.04: A. The proposed conditional use is consistent with the General Plan and the Development Code. The project has been reviewed for consistency with these documents and Staff has determined that the project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. B. The proposed conditional use as conditioned can be considered compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed use will not adversely affect the adjacent uses, buildings, or structures, because there a similar uses within the vicinity (a church and day care) and because the proposed hours of operations do not conflict with the hours of operations for the light industrial uses in the area. The use is proposed to be located in a portion of an existing at 43300 Business Park Drive. The proposed project is located within an area of existing industrial uses which also includes a church. C. The site for the proposed conditional use is adequate in size and shape to accommodate the project. Staff has reviewed the project and has determined that the project is consistent with the standards of the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are not detrimental to the health, safety and general welfare of the community. Compliance with these documents will assure this is achieved. Section 3. Environmental Compliance. The project qualifies under the California Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible expansion of use beyond that previously existing. Section 4. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA99-0266 (Minor Conditional Use Permit) to allow the operation an indoor skateboard park within a 21,346 square foot portion of a building within an existing business park. Section 5. The City Clerk shall certify the adoption of this Resolution. Section 6. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this fourteenth day of December, 1999. Jeff Stone, Mayor ATTEST: F: \DEPTS\PLANNING\STAFFRPT\266pa99 .Appeal. CC .dec 8 Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City CLerk of the City of Temecuta, California, do hereby certify that Resolution No. 99-~ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the fourteenth day of December, 1999, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE CityClerk F:\DEPTS\PLANNING\STAFFRPTX266pa99.AppeaI.CC.doc 9 EXHIBIT A CONDITIONS OF APPROVAL F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0266 (Minor Conditional Use Permit) Project Description: Development Impact Fee: Assessor's Parcel No.: Approval Date: Expiration Date: A Conditional Use Permit to permit the operation of an indoor skateboard park. None 921-020-055 November 17, 1999 November 17, 2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements The developedapplicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA99-0266 (Minor Conditional Use Permit). City shall promptly notify the developer/applicant of any claim, action, or proceeding for which indemnification is sought and shall further cooperate fully in the defense of the action. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by the approval. The conversion of use shall conform substantially with Exhibit "A" (Site Plan) and Exhibit "B" (Floor Plan) approved with Planning Application No. PA99-0266, or as amended by these conditions. However, any improvements noted as future tenant Improvements on these plans are for information only and are not part of the Minor CUP at this time. 5. Noise levels generated by the project shall not exceed the standards set forth in the Noise F:\DEPTS\PLANNING\STAFFRPT\266pa99.Appeal. CC.doC Element of the General Plan or the environmental performance standards of the Development Code. Prior to issuance of a certificate of occupancy, a security plan shall be prepared and submitted to the Police Department for review and approval. Said plan shall include, but not be limited to staffing, security rules and regulations, operating policies, emergency protocols and twenty-four hour contact personnel. The project shall comply with Conditions of Approval of all underlying maps, development plans or Conditional Use Permits that may apply to the project site. DEPARTMENT OF PUBLIC WORKS - The Department has no conditions of approval for this case. FIRE DEPARTMENT Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 10. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-Ill-B-1. A combination of on-site and off-site super fire hydrants (6" x 4" x 2°2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2,903.4.2, and Appendix Ill-B) 11. As required by the California Fire Code, when any portion of the building(s) is in excess of 150 feet from a water supply on a public street, on site fire hydrants are required. For this project on site fire hydrants are required. (CFC 903.2) 12. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 13. 14. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building. The numerals shall be minimum twelve (12) inches in height for buildings and six (6) inches for suite identification on a contrasting background. In strip centers, businesses shall post the suite address on the rear door(s). (CFC 901.4.4) F:\DEPTS\PLANN1NG\STAFFRPT\266pa99.AppeaI.CC.doc 12 15, Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 16. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laborator,/listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 17. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. The Knox-Box shall be supervised by the alarm system. (CFC 902,4) 18. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) DEPARTMENT OF BUILDING AND SAFETY - 19. Comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 20. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 21. Obtain all building plans and permit approvals prior to commencement of any construction work. 22. The Occupancy classification of the proposed buildings shall be B/A-2.1. 23. Provide Occupancy approvals for all existing buildings (i.e. finale building permits or Certificate of Occupancy) 24. All building and facilities must comply with applicable disabled access regulations, Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 25. Provide van accessible parking located as close as possible to the main entry. 26. Show path of accessibility from parking to furthest point of improvement. 27. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code. 28. Provide an approved automatic fire sprinkler system. 29. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc 30. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 31. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 32, Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. TEMECULAPOLICE DEPARTMENT 33. Applicant shall ensure all landscaping surrounding the building are maintained at a height no greater than thirty-six (36) inches, 34. Applicant shall ensure all trees on the property are maintained away from the building so as to deter roof accessibility for suspect(s). 35. Additionally, plants, shrubbery and trees will be maintained in areas not designated for foot traffic. These areas will maintained so as to have clear visibility by patrons and prevent concealment by suspect(s) to hide themselves both day/night time hours. 36, Light fixtures shall be installed to illuminate all parking areas, driveways, and pedestrian walkways. these areas shall be lit with a minimum maintained one (1) foot candle of light at ground level, evenly dispersed across the surface, eliminating all shadows. All exterior light fixtures shall be vandal resistant and positioned so as not to produce glare. the installation of all exterior lighting shall be in compliance with the Mt. Palomar Lighting Ordinance. 37. Vandal resistant light fixtures shall be installed above all exterior doors and loading dock areas around the building. These light fixtures shall illuminate the doors surface with a minimum maintained one (1) foot candle of light at ground level, evenly dispersed. All lights shall be in compliance with the Mt. Palomar Lighting Ordinance. 38. All exterior lighting shall be controlled by timers or other means that prevent the lights from being turned off by unauthorized persons. 39. Upon completion of the re-modification of the building, a monitored alarm system shall be installed to deter unauthorized entry/burglary and to notify the Police Department of unauthorized intrusion. 40. All doors, windows locking mechanisms, hinges, and other miscellaneous hardware shall be of commercial or institutional grade. 41. All exterior public pay telephones for this facility shall be placed in a well-lighted, highly visible area, and installed with a "Call-Out Only" feature to deter loitering. 42. Street address shall be posted in a visible location, minimum 12 inches in height, on the street side of the building with a contrasting background. 43. All roof hatches shall be painted "International Orange." 44. Provide building address on roof, 48" high numerals, 9" wide strokes, traffic paint, color to contrast with roof surface orientation as shown parallel to and facing primary street. F\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc 45. In accordance with City Ordinance 97-07, the sale. use or possession of any type of alcoholic beverage is prohibited unless a special permit is issued by the Alcoholic Beverage Control (ABC). OTHER AGENCIES 46. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated July 20, 1999, a copy of which is attached. 47. The applicant shall comply with the recommendations outlined in the Riverside County Department of Environmental Health transmittal dated July 26, 1999, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date F:\DEPTS\PLANNING\STAFFRPT~66pa99.App~aLCC.doc 15 ATTACHMENT NO. 3 Planning Commission Staff Report (Nov. 3, 1999) F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.dOC STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Ot?IGINAL November 3, 1999 Planning Application No. PA99-0266 (Minor Conditional Use Permit) Prepared By: John De Gange, Project Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT a Notice of Exemption for Planning Application No. PA99-0266; ADOPT Resolution No. 99- approving Planning Application No. PA99-0266 (Minor Conditional Use Permit) based upon the analysis and the Findings contained within the staff report and subject to the attached Conditions of Approval; or ADOPT Resolution No. 99- denying Planning Application No. PA99-0266 (Minor Conditional Use Permit) based upon the analysis and the Findings contained within the staff report APPLICATION INFORMATION APPLICANT: OIlie House Inc. (Rohn Korman) PROPOSAL: To operate an indoor skateboard park in a 21,346 square foot portion of a building within an existing business park. 43300 Business Park Drive BP Business Park (subject and surrounding) LI Light Industrial (subject and surrounding) LOCATION: GENERAL PLAN: ZONING: LAND USE: Subject: North: South: East: West: Industrial Building Complex Industrial Building Complex International Rectifier City Hall Industrial Building Complex \\TEMEC_FSI01\VOLI\DEPTS\PLANNING\STAFFRPT~.66pa99.pc.doc BACKGROUND An application was received on July 8, 1999 with a Design Review Committee (DRC) meeting held on August 5, 1999. At the DRC meeting the Building and Fire Departments expressed some concerns relative to the construction of the skateboard ramps and how they would comply with Fire and Building codes and the anticipated occupancy loads associated with the use. Once these issues were resolved, the project was scheduled for a Director's Hearing on October 14, 1999. At the October 14th Director's Hearing, representatives from International Rectifler, the Rancho California Business Park Association and an individual building owner within the business park raised concerns with respect to the compatibility of this use with existing and permitted uses within the vicinity of this project. As a consequence of the concerns raised by these parties, the action taken at the Director's Hearing was that the item was to be referred to the Planning Commission, pursuant to Section 17.03 of the Development Code. A copy of the staff report, proposed Conditions of Approval and the minutes from the October 14th Director's Hearing are attached for your review. PROJECT DESCRIPTION This project is a request for approval of a Minor Conditional Use Permit to permit the operation of an indoor skateboard park. The applicant proposes to construct an indoor skateboarding facility in an 21,346 square foot unit located within an existing building at 43300 Business Park Drive. The proposed hours of operation for the project are Monday through Thursday from 2:00 PM to 9:00 PM, Friday 12:00 PM to 11:00 PM, Saturday from 9:00 AM to 11:00 PM, and Sunday from 10:00 AM to 9:00 PM. The number of employees needed for the operation ranges from 4 to 8. The anticipated number of parking spaces needed for this use is 26 spaces. The center which this proposed use is located within has 227 spaces. ANALYSIS The center in which this project is being proposed would appear to have ample parking for this use with 26 spaces required and 227 being provided. In addition, the hours of operation and the anticipated peak hours for the use generally would not conflict with other uses currently in the vicinity. Land Use Compatibility Issues The project site is located within a light industrial area with existing industrial uses currently in operation. The zoning for the area allows a variety of manufacturing and warehousing activities as permitted uses. Because this project deviates from the anticipated uses within this zone a conditional use permit is required for this use. The project site is across Business Park Ddve from International Recti~er (HEXFET) which transports, stores and utilizes hazardous chemicals as part of its operations. Staff met with representatives from International Rectifier just prior to the October 14th Director's Hearing. At this meeting and at the headng, their representatives expressed concerns with the compatibility of the two uses and urged the City to deny this request. They outlined their concerns as: 1 ) safety concerns in the event of a natural disaster, or an accident involving trucks transporting hazardous chemicals to and/or from their building; 2) concerns that the presence of this use would jeopardize their ability to expand due to scrutiny from regulating agencies; 3) concerns of \\TEMEC_FSI01\VOLI\DEPTS\PLANNINGL~TAFFP2T,266pagg.pc.dOC 2 traffic hazards generated by incompatible uses and the different traffic pattems associated with the two different uses. A copy of their correspondence is being provided for your consideration. Concerns were also raised by the Rancho California Business Park Association. The Association also met with staff prior to the Director's Hearing. The Association indicated that their board had already denied this applicant's application for Association approval. This denial was based on a variety of concerns stemming from what they felt were land use incompatibility issues which included unacceptable liability risks associated with having a use which attracts a large number of children within an existing industrial area, and the effect that a recreational use such as a skateboard park would have on properties' in the area ability to operate or expand existing uses, and/or attract new quality industrial uses. Staff explained to the association that CC & R's regulating uses were a private matter and could not be used by staff to either support or deny this project. The applicant and other proponents of the project have responded to these concerns by pointing out that currently there are existing uses within the vicinity of the project which should pose the same or similar concerns to International Rectifier and the Association. In the past, two other similar uses within the vicinity of this project, a church and a day care, were approved by the City with separate CUP applications (day care uses, however, are no longer permitted in the Light Industrial (LI) zone). In addition, the property which the project is being proposed adjoins the rear of the parcel in which City Hall is located. In addition, the applicant pointed out that the building size requirements and the parking demands for this use dictates that this project should be located within an industrial area where large buildings are available, rents are low and sufficient parking is provided. ENVIRONMENTAL The project qualifies under CEQA for a Categorical Exemption under Section 15301 Existing Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible expansion of use beyond that previously existing. SUMMARY/CONCLUSIONS Significant issues have been raised relative to the compatibility of this use with the uses that exist or that will ultimately be permitted i,~ the vicinity of the proposed project. As a consequence, staff has referred this item to the Planning Commission for determination. It is recommended that the Planning Commission consider the testimony provided by both the proponents and opponents of this application and evaluate the analysis contained within this report. Findings for both approval and denial are being provided. In addition, if the Planning Commission decides to approve the project, proposed Conditions of Approval are attached. FINDINGS (for Approval) The proposed conditional use is consistent with the General Plan and the Development Code. The project has been reviewed for consistency with these documents and Staff has determined that the project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. \\TEMEC_FS101\VOLI\DEPTSXPLANNINGXSTAFFRp'/~266pa99.pc.doc 3 The proposed conditional use as conditioned can be considered compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed use will not adversely affect the adjacent uses, buildings, or structures, because there a similar uses within the vicinity (a church and day care) and because the proposed hours of operations do not conflict with the hours of operations for the light industrial uses in the area. The use is proposed to be located in a portion of an existing at 43300 Business Park Drive. The proposed project is located within an area of existing industrial uses which also includes a church. The site for the proposed conditional use is adequate in size and shape to accommodate the project. Staff has reviewed the project and has determined that the project is consistent with the standards of the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are is not detrimental to the health, safety and general welfare of the community. Compliance with these documents will assure this is achieved. FINDINGS (for Denial) The proposed conditional use is not entirely consistent with the General Plan and the Development Code. The project has been rewewed for consistency with these documents and Staff has determined that the project is not entirely consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. The proposed conditional use is not considered to be compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed use could be adversely affected by the adjacent uses, buildings, or structures. The use is proposed to be located in a portion of an existing at 43300 Business Park Drive. The proposed project is located within an area of existing industrial uses, some of which utilized and transport hazardous chemicals. The site for the proposed conditional use is adequate in size and .~hape to accommodate the project. Staff has reviewed the project and has determin.~d that the project is consistent with the standards of the Development Code with respect to the characteristics of the building and the lot it is located on. The nature of the proposed conditional use could potentially expose people to uses within the vicinity of this project that could be detrimental to their health, safety and general welfare. The project is not entirely consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are is not detrimental to the health, safety and general welfare of the community. This project potentially would not be able to comply with these documents. \\TEM EC_FS 101 \VOL 1 \DEPTS\PLANN 1NG\STAFFRPT~266pa99.pc.dOC 4 A'R'ACHMENTS: 2. 3. 4. 5. 6. 7. PC Resolution (for approval) 99- - Blue Page 6 PC Resolution (for denial) 99- - Blue Page 9 Exhibit A Conditions of Approval - Blue Page 12 Staff Report for the October 14, 1999 Director's Hearing - Blue Page 18 Minutes from the October 14, 1999 Directors Hearing - Blue Page 19 Correspondence (letters of opposition) - Blue Page 20 Exhibits - Blue Page 21 A. Vicinity Map B. General Plan Map C. Zoning Map \\TEM EC_FS I 01 \VOL 1 \DEPTS~PLANN [NG~STAFFRPTx2.66pa99.pe.dOC 5 A'I'I'ACHMENT NO. 1 PC RESOLUTION NO. 99- /\TEMEC_FSI01\VOLI\DEpTS~PLANNING~STAFFP, YT~.66pa99.pc.doc 6 PC RESOLUTION NO. 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0266, (MINOR CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-055 WHEREAS, the Ollie House Inc.. filed Planning Application No. PA99-0266 (Minor Conditional Use Permit) which is in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0266 (Minor Conditional Use Permit) was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA99-0266 (Minor Conditional Use Permit) on November 3, 1999 at a duly noticed public headng as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission approved Planning Application No. PA99-0266 (Minor Conditional Use Permit); NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. That the Temecula Planning Commission, in approving Planning Application No. PA9c~-0266 (Minor Conditional Use Permit), hereby makes the following findings as required in Ci~apter 17.04: A. The proposed conditional use is consistent with the General Plan and the Development Code. The project has been reviewed for consistency with these documents and Staff has determined that the project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. B. The proposed conditional use as conditioned can be considered compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed use will not adversely affect the adjacent uses, buildings, or structures, because there a similar uses within the vicinity (a church and day care) and because the proposed hours of operations do not conflict with the hours of operations for the light industrial uses in the area. The use is proposed to be located in a portion of an existing at 43300 Business Park Drive. The proposed project is located within an area of existing industrial uses which also includes a church. \\TEMEC_FSI01\VOLI\DEPTS\PLANNING~STAFFKPTx266pa99.pc.doc 7 C. The site for the proposed conditional use is adequate in size and shape to accommodate the project. Staff has reviewed the project and has determined that the project is consistent with the standards of the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are not detrimental to the health, safety and general welfare of the community. Compliance with these documents will assure this is achieved. Section 3. Environmental Compliance. The project qualifies under the California Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible expansion of use beyond that previously existing. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA99-0266 (Minor Conditional Use Permit) to allow the operation an indoor skateboard park within a 21,346 square foot portion of a building within an existing business park. PASSED, APPROVED AND ADOPTED this 3rd day of November, 1999. Ron Guerriero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 3rd day of November, 1999 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary \\TEM EC_FS I 01 \VOL I \DEPTS~PLA NN I NG~STAFFP, PT~266p~99.pc .doc 8 ATTACHMENT NO. 2 PC RESOLUTION NO. 99- \\TEMEC_FSI01\VOLI\DEPTS\PLANNING~STAFFRPT~7.66pa99.pc.doc 9 PC RESOLUTION NO. 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA99-0266, (MINOR CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-055 WHEREAS, the Ollie House Inc. filed Planning Application No, PA99-0266 (Minor Conditional Use Permit) which is in accordance with the City of Temecuta General Plan and Development Code; WHEREAS, Planning Application No. PA99-0266 (Minor Conditional Use Permit) was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA99-0266 (Minor Conditional Use Permit) on November 3, 1999 at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an oppodunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission denied Planning Application No. PA99-0266 (Minor Conditional Use Permit); NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. That the Temecula Planning Commission, in denying Planning Application No, PA99-0266 (Minor Conditional Use P3rmit), hereby makes the following findings as required in Chapter 17.04: A. The proposed conditional use is not entirely consistent with the General Plan and the Development Code. The project has been reviewed for consistency with these documents and Staff has determined that the project is not entirely consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. B. The proposed conditional use is not considered to be compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed use could be adversely affected by the adjacent uses, buildings, or structures. The use is proposed to be located in a portion of an existing at 43300 Business Park Drive. The proposed project is located within an area of existing industrial uses, some of which utilized and transport hazardous chemicals. \\TEMEC_FS101\VOLI\DEPTS~PLANNINGXSTAFFRPTx266pa99.pc.doC 10 C. The site for the proposed conditional use is adequate in size and shape to accommodate the project. Staff has reviewed the project and has determined that the project is consistent with the standards of the Development Code with respect to the characteristics of the building and the lot it is located on. D. The nature of the proposed conditional use could potentially expose people to uses within the vicinity of this project that could be detrimental to their health, safety and general welfare. The project is not entirely consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are is not detrimental to the health, safety and general welfare of the community. This project potentially would not be able to comply with these documents. Section 3. Environmental ComDliance. The project qualifies under the California Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible expansion of use beyond that previously existing. PASSED, APPROVED AND ADOPTED this 3rd day of November, 1999, Ron Guerriero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 3rd day of November, 1999 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary \\TEMEC_FSI01\VOLI\DEPTS\PLANNING~STAFFR~T~266pa99.pc.doc I1 EXHIBIT A CONDITIONS OF APPROVAL \\TEM EC_FS 101 \VOL 1 \DEPTS\P LANNINGXSTAFFRP'[~266pa99.pc.doc CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0266 (Minor Conditional Use Permit) Project Description: Development Impact Fee: Assessor's Parcel No, Approval Date: Expiration Date: A Conditional Use Permit to permit the operation of an indoor skateboard park. None 921-020-055 November 3, 1999 November 3, 2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA99-0266 (Minor Conditional Use Permit). City shall ~romptly notify the developer/applicant of any claim, action, or proceeding for which indemnification is sought and shall further cooperate fully in the defense of the action. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by the approval. The conversion of use shall conform substantially with Exhibit "A" (Site Plan) and Exhibit "B" (Floor Plan) approved with Planning Application No. PA99~0266, or as amended by these conditions. However, any improvements noted as future tenant Improvements on these plans are for information only and are not part of the Minor CUP at this time. \\TEM EC~FS 101 \VO L 1 \DEPTS~PLA NN [NG~STAFFP, PT~.66pa99.pc.doc 13 Noise levels generated by the project shall not exceed the standards set forth in the Noise Element of the General Plan or the environmental performance standards of the Development Code. Pdor to issuance of a certificate of occupancy, a security plan shall be prepared and submitted to the Police Department for review and approval. Said plan shall include, but not be limited to staffing, security rules and regulations, operating policies, emergency protocols and twenty-four hour contact personnel. The project shall comply with Conditions of Approval of all underlying maps, development plans or Conditional Use Permits that may apply to the project site. DEPARTMENT OF PUBLIC WORKS - The Department has no conditions of approval for this FIRE DEPARTMENT Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix Ill,A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau, The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 10. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-Ill-B-1. A combination of on-site and off*site super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be loCated on Fire Department access roads and adjPcent public streets. Hydrants shall be spaced at 500 feet apart and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrede of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) 11. As required by the California Fire Code, when any portion of the building(s) is in excess of 150 feet from a water supply on a public street, on site fire hydrants are required. For this project on site fire hydrants are required. (CFC 903.2) 12. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (2~- feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6)inc;~es. (CFC 902.2.2.1) 13. Prior to issuance of a '3erti~Cate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) \\TEM EC_FS I 01 \VOL 1 \DEPTS\PLANN INGXSTAFFRPTX266pa99.pc.doc 14 14. 15. 16. 17. 18. Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building. The numerals shall be minimum twelve (12) inches in height for buildings and six (6) inches for suite identification on a contrasting background. In strip centers, businesses shall post the suite address on the rear door(s). (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. The Knox-Box shall be supervised by the alarm system. (CFC 902.4) All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) DEPARTMENT OF BUILDING AND SAFETY - 19. Comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 20. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 21. Obtain all building plans and permit approvals prior to commencement of any construction work. 22. The Occupancy classification of the proposed buildings shall be B/A-2.1. 23. Provide Occupancy approvals for all existing buildings (i.e. finale building permits or Certificate of Occupancy) 24. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 25. Provide van accessible parking located as close as possible to the main entry. 26. Show path of accessibility from parking to furthest point of improvement. \\TEM EC_FS 101 \VO L l \DEPTS',PLANN INGXSTA FFRPTx2.66pa99.pc.doc 15 27. Restroom fixtures, number and type, to be in accordance with the ~rovisions of the 1998 edition of the California Building Code. 28. Provide an approved automatic fire sprinkler system. 29. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 30. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 31. A pre-construction meeting is required with the building inspector prior to the start of the building construction, 32. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. TEMECULAPOLICE DEPARTMENT 33. Applicant shall ensure all landscaping surrounding the building are maintained at a height no greater than thirty-six (36) inches. 34. Applicant shall ensure all trees on the property are maintained away from the building so as to deter roof accessibility for suspect(s). 35. Additionally, plants, shrubbery and trees will be maintained in areas not designated for foot traffic. These areas will maintained so as to have clear visibility by patrons and prevent concealment by suspect(s) to hide themselves both day/night time hours. 36. Light fixtures shall be installed to illuminate all parking areas, driveways, and pedestrian walkways. these areas shall be lit with a minimum maintained one (1) foot candle of light at ground level, evenly dispersed across the surface, eliminating all shadows. All exterior light fixtures shall be vandal resistant and positioned so as not to produce glare. the installation of all exterior lighting shall be in compliance with the Mt. Palomar Lighting Ordinance. 37. Vandal resistant light fixtures shall be installed above all exterior doors and loading dock areas around the building. These light fixtures shall illuminate the doors surface with a minimum maintained one (1) foot candle of light at ground level, evenly dispersed. All lights shall be in compliance with the Mt. Palomar Lighting Ordinance. 38. All exterior lighting shall be controlled by timers or other means that prevent the lights from being turned off by unauthorized persons. 39. Upon completion of the re-modification of the building, a monitored alarm system shall be installed to deter unauthorized entry/burglary and to notify the Police Department of unauthorized intrusion. 40. All doors, windows locking mechanisms, hinges, and other miscellaneous hardware shall be of commercial or institutional grade. %\TEMEC_FSI01\VOLI',DEPTS\PLANNING~STAFFRPT~.66pa99.pc.doc 16 41. All exterior public pay.telephones for this facility shall be placed in a well-lighted, highly visible area, and installed with a "Call-Out Only" feature to deter loitering. 42. Street address shall be posted in a visible location, minimum 12 inches in height, on the street side of the building with a contrasting background. 43. All roof hatches shall be painted "International Orange." 44. Provide building address on roof, 48" high numerals, 9" wide strokes, traffic paint, color to contrast with roof surface orientation as shown parallel to and facing primary street. 45. In accordance with City Ordinance 97-07, the sale, use or possession of any type of alcoholic beverage is prohibited unless a special permit is issued by the Alcoholic Beverage Control (ABC). OTHERAGENCIES 46. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated July 20, 1999, a copy of which is attached. 47. The applicant shall comply with the recommendations outlined in the Riverside County Department of Environmental Health transmittal dated July 26, 1999, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. ~ further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date \\TEM EC_FS I 01 \vO L 1 \DEPTS\P LANN ING~STAFFRPTx266pa99 .pc .doc EXHIBITS F:~X'p~PLANNING~TAFFRFI~66pa~.p~:.~oc 21 CITY OF TEMECULA CASE NO, - PA99-0266 EXHIBIT - A PLANNING COM MISSION DATE - NOVEMBER 3, 1999 F:~De~P~G~STAFFRP"F~66t~99.pc.~o¢ 22 CITY OF TEMECULA EXHIBIT B - ZONING MAP DESIGNATION - LI LIGHT INDUSTRIAL 0000( ,OOOOO EXHIBIT C-GENERALPLAN DESIGNATION - BP BUSINESS PARK CASE NO. - PA99-0266 PLANNING COMMISSION DATE -NOVEMBER 3, 1999 23 ATTACHMENT NO. 4 Minutes from the Nov. 3, 1999 Planning Commission Meeting F:~DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.dOC MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 3, 1999 CALLTO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:01 P.M., on Wednesday November 3, 1999, in the City Council Chambers of Temecula City Hall, 43200 Business Park Ddve, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Commissioner Webster. ROLL CALL Present: Commissioners *Fahey, Mathewson, Naggar, and Webster. Absent: Chairman Guerriero. Also Present: Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attorney Cudey, Senior Planner Fagan, Senior Planner Hogan, Project Planner DeGange, and Minute Clerk Hansen. *(Commissioner Fahey arrived at 6:03 P.M.) PUBLIC COMMENTS No cornmerits. COMMISSION BUSINESS 1. Approval of Aqenda It was noted that Commissioner Fahey arrived at 6:03 P.M. MOTION: Commissioner Mathewson moved to approve the agenda. The motion was seconded by Commissioner Webster and voice vote reflected approval with the exception of Chairman Guerdero who was absent. 2. Approval of Minutes-October 6, 1999 MOTION: Commissioner Webster moved to approve the minutes, as written. The motion was seconded by Commissioner Mathewson and voice vote reflected approval with the exceDtion of Chairman Guerdero who was absent. PUBLIC HEARINGS 3. Planninq Application No. PA97-0307 {Tentative Tract Map No. 28627) Request to subdivide an approximately 37-acre parcel in 10 commercial lots and one open space lot. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission continue the request. Planning Manager Ubnoske relayed staffs recommendation to continue this Agenda Item to the December 1, 1999 Planning Commission meeting. MOTION: Commissioner Fahey moved to continue Agenda Item No. 3 to the December 1. 1999 Planning Commission meeting. The motion was seconded by Commissioner Webster.(This motion was ultimately amended. See page 9.) For Commissioner Mathewson, Planning Manager Ubnoske confirmed that staff would be working with the applicant in the intedm pedod in order to address traffic issues and the environmental assessment At this time voice vote was taken reflecting approval with the exception of Chairman Guerdero who was absent. Development AQreement between Pala Rainbow LLC and the City of Temecula {Planninq Application No. PA99-0273} Request to approve a Development Agreement with Pala Rainbow LLC. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. Apprising the Commission of the recent revisions to the proposed Agreement, Senior Planner Hogan presented the staff report (of record); relayed the proposed modification with respect to Section 1.15, entitled Project (per agenda material), speci~ing that the following additional uses would be permitted as general merchandise/retail store uses: camera shops, clothing sales, computer sales and service. furniture sales, and hardware stores, additionally. specifying that one of these general merchandise/retail uses would be permitted to be as large as 20,000 square feet; noted that the Agreement would prohibit restaurant uses (referencing Exhibit G of the staff report) in the Professional Office (PO) zoned parcel. west of Pala Road; for Commissioner Webster, advised that the area at the southwest comer of Pala Road and Cupeno Lane would not be included in the Development Agreement, noting that this particular parcel was owned by the City; and confirmed that the parcel line would end on the east side at the extension of Jedediah Smith Road. At this time Vice Chairman Naggar opened the public headng. Mr. Phil Oberhansley, representing the applicant, provided the rationale for the proposed revisions associated with the previously restricted uses; and clarified that solely drive- through restaurant uses would be restricted, and not restaurants in general, in the above-mentioned PO Zone (Via Exhibit G of the agenda material.) At this time Vice Chairman Naggar closed the public hearing. Commissioner Mathewson relayed that due to the additional uses added to the general merchandise/retail as permitted uses via this particular Agreement, that at a future point in time the City may be restricted from prohibiting these particular uses; and recommended that staff investigate the issue of including a general merchandise/retail store included in the Development Code. MOTION: Commissioner Fahey moved to adopt Resolution No. 99-045 recommending approval of Planning Application No. PA99-0273 based upon the Analysis and Findings contained in the Staff Report, and subject to the attached Conditions of Approval; and to adopt the Negative Declaration for Planning Application No. PA99-0273. PC RESOLUTION NO. 99-045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79 SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) The motion was seconded by Commissioner Mathewson and voice vote reflected approval with the exception of Chairman Guerriero who was absent. 5. Plannincl ADDlication No. PA99-0266 (Minor Conditional Use Permit) Request to operate an indoor skateboard park within a 21,346 square foot portion of a building within an existing business park. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission consider the applicant's request (Pursuant to Section 17. 03 of the Development Code. The Director of Planning has referred this item to the Planning Commission). Clarifying the rationale for this particular proposal being brought forward to the Planning Commission, Project Planner DeGange provided an overview of the staff report (per agenda material); relayed that significant issues had been raised with respect to the compatibility of this use with the existing adjacent uses; specified the expressed concerns of International Rectifier (a use in the vicinity of the proposed use which transports. stores and utilizes hazardous chemicals) as follows: 1) safety concerns with respect to the impact of a natural disaster, or an accident involving trucks, transporting hazardous materials, 2) the proposed use would restrict their ability to expand, and 3) traffic hazards due to the variant traffic patterns associated with the two alternate uses; relayed the Business Park Association's concerns with respect to the following: 1) incompatibility issues and 2) liability risks; noted the applicant's response that there have been, and currently are similar uses located in this particular business complex (i.e., church, daycare.) Project Planner DeGange addressed the concerns of the Commission, as follows: For Commissioner Mathewson, relayed that the existing skate park use in Temecula had not had significant issues raised with respect to noise impacts, or Police incidents; and advised that the Police Department was contacted relative to this particular application, noting that no issues of concern had been raised. For Vice Chairman Naggar, noted that the previously cited daycare use no longer existed at this particular Business Park, noting that the use would no longer be permitted per Development Code standards; and with respect to the type of disaster event raised as a concern by International Rectifier, specified the issues expressed were an 8.0 earthquake, or an explosive fire. Mr. Steven Graft, attorney for the applicant, submitted for the Commission's information that this proposed project would not have an adverse impact on the community; addressed the issues of concern, as follows: with respect to the issue raised regarding a liability risk, advised that the proposed use would maintain security personnel inside and outside of the skateboard park, restricting children from skateboarding outside of the use, noting that the patrons would be paying for their use of the skateboard park, and would be unlikely to utilize the exterior area; with respect to the issue of safety, relayed the recent approval of a skateboard park on Rio Nedo which generated a higher generation of traffic; with respect to the issue of incompatibility, noted the existence of an adjacent church use; advised that the alternate previously approved skateboard park (on Rio Nedo) was located in a higher concentration of industrial uses; with respect to the issue of the impact of a natural disaster, (i.e., an 8.0 earthquake) advised that an earthquake of that magnitude would adversely affect the residents of Temecula, regardless of the location of a skateboard park; with respect to the potential of a hazardous disaster, noted the location of a 30,000-gallon propane tank in close proximity to the location of the Rio Nedo skateboard park (recently approved by the City); relayed that due to the existing type of uses in the vicinity of this particular business park location (i.e., church, City Hall), the risk factors have been proven to be at acceptable limits. For clarification purposes, Planning Manager Ubnoske relayed that the previously approved skateboard park on Rio Nedo was approved via a Director's Hearing, and not by the Planning Commission. Via overhead photographs, Mr. Rohn Korman, the applicant, provided an overview of the project. highlighting site location, and the parking facility of this particular proposal; via photographs at vadous times of day, relayed that there was no utilization of on-street parking at this particular location; relayed the comparison of the numerous vehicles utilizing on-street parking at the Rio Nedo Business Park (the location of a previously approved skateboard park); highlighted the amenities proposed for this particular project; noted the alternate existing uses, inclusive of the associated activities for women and children; advised that he had provision of a five-hour videotape which had been directed towards International Recti~ers receiving and shipping entrance, demonstrating five truck deliveries during a five-hour period; relayed that in his opinion, the skateboard park would be an asset to the City of Temecula, noting that the applicant would cooperate fully to ensure compatibility; for Vice Chairman Naggar, provided the hours of operation (of record); confirmed that there would be security personnel on duty Fridays, Saturdays, and Sundays; specified the distance between the area of storage of hazardous materials at the International Rectifier use and this particular use as approximately 1100 feet, noting the similar proximate location of the Boys and Girls Club, the Captain's Cabin Restaurant, and two church uses. For informational purposes, Planning Manager Ubnoske clarified that there was a Condition of Approval that required the applicant to prepare a security plan which would be reviewed by the Police Department. The following individuals spoke in opposition to the project, as proposed: [] Mr. Dan Dierken [] Mr. Jeff Leque n MS. Kelley Dresler [] Mr. Dennis Burke [] Mr. Roy Millendaer representing International Recfi~er representing International RecU~er representing Endar Corporation representing Rancho California Business Park Association representing Chemicon InternaUonal The above-mentioned individuals spoke in opposition to the project for the following reasons: Incompatible with adjacent uses ./ Lack of sidewalks for children's utilization Potential for truck accidents due to the presence of children This particular use would restrict the permitting process for International Rectifier Safety hazard for children due to the proximate location of chemical storage ./ Hazard with respect to numerous truck deliveries Referenced a similar use in the City of Vista, recently closed due to the skateboard park not adhering to the stipulated regulations Additional generation of traffic · / Unsupervised youth For Commissioner Mathewson, Mr. Dietken clarified the issue regarding this proposed use jeopardizing International Rectifier's ability to expand, and to process permits due to the regulating agencies' determination that children are sensitive receptors; and provided additional information regarding the company's Risk Management Plan. In response to Commissioner Webster's querying with respect to the Risk Management Plan, specifically, the Offsite Consequences Analysis, Mr. Leque provided additional information; noted the concern with respect to the storage of hazardous chemicals, in light of the wind conditions at the site, and the presence of numerous children, if this project was approved; and for Commissioner Fahey, advised that a quick evacuation in the event of an emergency would be restricted due to the children being dropped off at the skateboard park with no means of immediate transport. For Commissioner Webster, Mr. Burke advised that the Board of Directors for the Rancho California Business Park would maintain their determination that this project was incompatible with the existing uses, and would not allow this type of use in the business park; and relayed that permitting the church use was a mistake, noting that similar uses are no longer allowed. The following individuals spoke in favor of the project, as proposed: Pastor Buttrey Mr. Paul Akian Ms. Suzanne Green Mr. Eric Green representing Valley Christian Center owner of the property 40142 Patchwoffi Lane 37241 Floral Creek The above-mentioned individuals were proponents of the project for the following reasons: Recommended relocating any facility that poses a great safety hazard to a more remote area due to this particular area being heavily populated ., Opposed restricting the property owner of this business from allowing a use that meets the requirements for a Conditional Use Permit The use was consistent with the General Plan ./ Relayed the historical behavior of Mr. Korman's activities with children, noting that the patrons of the skateboard park would be well-supervised Compatible with the existing uses (i.e., church) The need for this type of facility in the City of Temecula Patrons would remain in the skateboard park due to the fee paid for the use Noted the pdde of ownership Mr. Korman had displayed with respect to his home and business, relaying that the facility would be well-maintained In response to the expressed concerns, Mr. Korman relayed the data of the truck delivery surveillance he had conducted which resulted in the viewed generation of a total of 32 trucks within a six-hour period (between the hours of 2:00 P.M. and 6:00 P.M.); provided additional information received via contact of the California Highway Patrol regarding the safety of these particular type of trucks in the event of an accident; and relayed the favorable aspects of locating the skateboard park at this site with regard to safety and compatibility, in compadson to the previously appreved skateboard park on Rio Nedo. The Commission relayed their concluding remarks, as follows: While acknowledging the need for a skateboarding facility in the City of Temecula, and while noting her own son's enjoyment of the activity, Commissioner Fahey relayed her concern with respect to the location of this particular project; reconnoitered the past event at which time the City flooded, and children had to be evacuated via helicopter transport at the roller-skating facility; and noted that due to this project being proposed in a Light Industrial area, she could not support the project. Commissioner Mathewson relayed his comments, as follows: with respect to children accessing the site via pedestrian use, advised that due to the remote location of the site, children would most likely be accessing the site via vehicle transport; regarding the safety issues associated with the proximate storage of hazardous chemicals, noted that the area was currently heavily populated with community members due to that vast number of employees frequenting the area; with respect to International Rectifiers ability to expand, advised that this particular facility would not preclude the business from expansion; with respect to vandalism issues, noted that in light of the COA requiring that the applicant submit a security plan, this issue would be adequately addressed; with respect to the noise impact, compared the noise impact of operating heavy manufacturing equipment and truck transport, with the noise of children, advising that the impact of children' noise would not adversely affect the businesses in the area; and relayed his support of the project. · With respect to conformance with the General Plan in the Development Code, Commissioner Webster relayed that this activity was allowable within this zoning district as a Conditional Use Permit, as long as the Commission could make the findings; advised that the issue of truck traffic would not substantiate a denial of this project; with respect to children skateboarding outside of the facility, relayed that this was a Police enforcement matter, noting that the COAs within this Planning Application adequately addressed this issue; regarding safety issues, advised that there were no State or Federal regulations which would restrict uses adjacent to facilities with a Risk Management Plan; with respect to the adjacent companies' desire for the facility to be prohibited due to the existing uses safety concerns, noted that this rationale would be denote adverse condemnation; while acknowledging that the matter of children being sensitive receptors could be a substantial issue, noted the lack of evidence presented as to whether this particular use would qualify as a sensitive receptor, and what the potential affect would be on the existing and future businesses; with respect to traffic issues, relayed the this particular facility would be a point of destination use; with respect to CEQA issues, relayed that the negative environmental impact associated with this use was not substantiated; with respect to the Business Park Association's determination to prohibit this particular use, noted that this was a separate issue; and in concurrence with Commissioner Mathewson. relayed his support of this Planning Application. · Vice Chairman Naggar relayed his comments, as follows: with respect to the fear of children darting in and out of traffic, advised that the security plan (required per the Conditions of Approval), and the hiring of official security personnel would adequately mitigate this concern; concurring with the previous Commission comments, relayed that in his opinion, this particular project would not inhibit International Rectifier's ability to expand; advised that the project conforms to the General Plan under the Development Code; noted that the traffic associated with this proposed project would not adversely affect the existing uses; and relayed his support of the project, MOTION: Commissioner Mathewson moved to approve Planning Application No. PA99- 0266, (This motion was amended.) MOTION: Commissioner Mathewson moved to approve Planning Application No. PA99- 0266, and to adopt a Notice of Exemption for Planning Application No. PA99-0266. PC RESOLUTION NO. 99-046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0266, (MINOR CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-055 The motion was seconded by Commissioner Webster and voice vote reflected approval with the exception of Chairman Guen'iero who was absent and Commissioner Fahey who voted n__o. PLANNING MANAGER'S REPORT With respect to the criteda for Findings for Convenience or Necessity for alcoholic establishments, Planning Manager Ubnoske relayed that the issue would be brought forward to the Planning Commission in December 1999. Noting the cancellation of the November 13, 1999 Design Review Workshop which had been scheduled to be held from 9:00 A.M. to 3:00 P.M., Planning Manager Ubnoske advised that the workshop would be rescheduled for the beginning of 2000. Per Commission request, Planning Manager Ubnoske relayed that the issues related to the Traditional Neighborhood Design would be brought forward to the Commission. advising that a workshop schedule would be presented at an upcoming Commission meeting. D= For informational purposes, Planning Manager Ubnoske relayed that the Cosco project would be presented to the Commission at the first December Planning Commission meeting. Attomey Curley advised that staff was requesting that the Commission make motion for reconsideration of the action with respect to Agenda Item No. 3, due to the December 1 Planning Commission meeting potentially being rescheduled due to the City's ten-year Anniversary Celebration being held on December 1.1999. ATTACHMENT NO. 5 Minutes and Staff Report from the Oct. 14, 199 Planning Director's Meeting F:/,DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc MINUTES OF A REGULAR MEETING · OF TBE CITY OF TEMECULA PLANNING DIRECTOR OCTOBER 14, 1999 A regular meeting of the City of Temccula Planning Director was called to order on Thursday, October 14,1999 at 1:30 PM, at the City of Temccula Main Conference Room, 43200 Business Park Drive, Temecula, California. Senior Planner Matthew Fagan presiding. Also present were Project Planner John DeGange and Minute Clerk Cathy Davis. Senior Planner Matthew Fagan opened the public hearing for items not listed on the agerids at 1:32 PM. There were no requests to speak. 1. Planning Application No. PA99-0266 (Minor Conditional Use Permit) Project Planner John DeGange presented the staff report for planning Application PA99- 0266 to operate an indoor skateboard park located at 43300 Business Park Drive. Senior Planner Matthew Fagan opened the public hearing at I :34 PM. Applicant Ron Korman, 40137 Patchwork Lane, Murrieta, CA, spoke in favor of the project. He feels his project would be good for the youth of the community. Them is already a church with a youth group in the same center. This is a $300,000 project with $170,000 of tenant improvements. It will be one of the top skate parks in the country. There are 160 skate parks in America and 140 of them are in light industnaI zones. Any problems with International Rectifier should have been raised when the church was allowed to come in. This location has good parking and their business is primarily at 5:00 PM and will not cause any additional traffic. Dan Dierken, International Recti~er, 41915 Business Park Drive, Temecula, CA 92590 spoke in opposition to the project. He is concerned because international Recti~er must account for all individual within 1,000 feet of their facility for safety reasons. He is concemed of a safety risk to the children using the skateboard park. He is also concerned with traffic. He also expressed the concern mat International Rectifier has future plans for expansion, which may be affected by the skateboard park. He feels that the site is not an appropriate place for the skateboard park. Dave Beckman, 28835 Single Oak Drive, Temecula, CA 92590 spoke in opposition to the project. He is concerned with the increased traffic and an increase in night-time activity. He feels that it is not an acceptable use for the location and it is an area not conducive to having children around. Dennis M. Burke, Rancho Califomia Business Park Association, 6670 Alessandro Boulevard, Suite B, Riverside, CA 92506 spoke in opposition to the project. He stated the Association had rejected this use. There is an unacceptable liability risk and it will interfere with the ability to attract quality tenants or business for the vacant land within the industrial park. He feels the project's location is not appropriate for the use. F:\DePts\PLANNING'~DIRKF, ARXMINUTE~\I999\I0*I4-99.mm~.doc 1 · Mark Illsley, 41820 Rio Grande, Temecula, CA 92591 spoke in favor of the project. He told his children about the project and they were very excited. There is nowhere for the kids to go to skate fight now. He was also concerned if International Rectifier is so dangerous then need to look at the risk as a community. He also wanted to know if this location is not appropriate, where do you put skate parks. David G. Bailey, 38300 Mesa, Temecula, CA 92590 spoke in favor of the project. He is a Police Officer for the City of Temecula and he sees the damage skateboarders cause to the commumty. He stateed the skateboards need someplace to go and that we are limiting their skateboarding to the streets. Applicant Ron Korman, 40137 Patchwork Lane, Murrieta, CA concurred with the Conditions of Approval. Senior Planner Matthew Fagan closed the public hearing at 2:05 PM. Senior Planner Matthew Fagan referred Planning Application PA99-0266 to the planning Commission for their consideration. The project will be re-noticed for a planning Commission Hearmg. The meeting was adjourned at 2:10 P.M. F:\D~tsXPLANNING\DIR.HEAR\MINU'rF~\I999XI0.1~.~.mitm~.doc 2 PLANNING APPLICATION NO. PA99-0266 (Minor Conditional Use Permit) Planning Application No. PA99-0266 (Minor Conditional Use Permit) is a request for approval to permit the operation of an indoor skateboard park. In a_cc_~_rdance with the Citys Development Code, Rohn Korman of the Ollie House Inc. has applied for a Minor Conditional Use Permit to allow an indoor skateboarding fadlib/within a 21,346 square foot unit located at 43300 Business Park Drive. The project qualifies under CEQA for a Categorical Exemption under Section 15301 Existing Facilities, Class I (b), because it is a minor alteration of an existing fadlib/, involving negligible expansion of use beyond that previously existing. No structural changes to the exterior of the building are being proposed as a result of this project. All previous Conditions of Approval under which the building that this fadlib/will be located was constructed shall apply to this application. Future tenant improvements are noted on the floor plans and will require separate building. The parking requirements were reviewed for this proposal with the determination that the amount of parking required for this project and the parking available for the center which the project is located is sufficient. Staff has received four letters expressing concams with the proposed project. In addition, staff met with representatives from Intemational Rectifier and members of the board goveming the business association for the center which this project is located. The board indicated that when this project was presented to them for approval, it was denied. The other City departments have reviewed the project and have included Conditions of Approval. Planning Staff recommends that the Planning Director not take action on Planning Application No. PA99-0266 (Minor Conditional Use Permit), but instead forward this item to the Planning Commission for consideration. If the Planning Director dec~des to approve the project Findings for approval Conditions of Approval have been included. This concludes Staffs presentation. Staff is available to answer any questions. Planning Application No. PA99-0266 (Minor Conditional Use Permit) FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The project has been reviewed for consistency with these documents and Staff has determined that the project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. 2. The proposed conditional use as conditioned can be considered compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed use will not adversely affect the adjacent uses, buildings, or structures. The use is proposed to be located in a portion of an existing at 43300 Business Park Drive. The proposed project is located within an area of existing industrial uses which also includes a church. 3. The site for the proposed conditional use is adequate in size and shape to accommodate the project. Staff has reviewed the project and has determined that the project is consistent with the standards of the Development Code. 4. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are is not detrimental to the health, safety and general welfare of the community. Compliance with thes documents will assure this is achieved. F:\DepU%PLANNING',,qTAFFRPT~266pa99.DI-I.do~; CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0266 (Minor Conditional Use Permit) Project Description: A Conditional Use Permit to permit the operation of an indoor skateboard park. Development Impact Fee: None Assessor's Parcel No. 921-020-055 Approval Date: October 14, 1999 Expiration Date: October 14, 2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashiers check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality theroof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA99-0266 (Minor Conditional Use Permit). City shall promptly notify the developer/applicant of any claim, action, or proceeding for which indemnification is sought and shall further cooperate fully in the defense of the action. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year pedod which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by the approval. The conversion of use shall conform substantially with Exhibit "A" (Site Plan) and Exhibit "B" (Floor Plan) approved with Planning Application No. PA99-0266, or as amended by these conditions. However, any improvements noted as future tenant Improvements on these plans are for information only and are not part of the Minor CUP at this time. F:\DepM'~PLANNING~STAFFRFT'~266pa99.DH .doc 2 Planning Application No. PA99-0266 Conditions of Approval Page 2 Noise levels generated by the project shall not exceed the standards set forth in the Noise Element of the General Plan or the environmental performance standards of the Development Code. Prior to opening for business, a security plan shall be prepared and submitted to the Police Department for review and approval. Said plan shall include, but not be limited to staffing, secudty rules and regulations, operating policies, emergency protocols and twenty-four hour contact personnel. The project shall comply with Conditions of Approval of all underlying maps, development plans or Conditional Use Permits that may apply to the project site. DEPARTMENT OF PUBLIC WORKS - The Department has no conditions of approval for this case. FIREDEPARTMENT Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), Califomia Fire Code (CFC), and related codes which are in force at the time of building plan submittal. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel o,' construction of all commercial buildings per CFC Appendix Ill.A, Table A-Ill-A-1. Th~ developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with a 2 hour duration. The required fire flow may be adjusted dudng the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 10. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-Ill-B-I. A combination of on-site and off-site super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart and shall be located no more than 250 feet from sny point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) 11. As required by the California Fire Code, when any portion of the building(s) is in excess of 150 feet from a water supply on a public street, on site fire hydrants are required. For this project on site fire hydrants are required. (CFC 903.2) 12. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 13. Pdor to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) F:\Depta%PLANNING~TAFFRFl~266pa99.DH.doc 3 14. 15. 16. 17. 18. Pdor to issuance of a Cedificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building. The numerals shall be minimum twelve (12) inches in height for buildings and six (6) inches for suite identification on a contrasting background. In stdp centers, businesses shall post the suite address on the rear door(s). (CFC 901.4.4) Pdor to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire spunkier system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Pdor to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval pdor to installation. (CFC Article 10) Pdor to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. The Knox-Box shall be supervised by the alarm system. (CFC 902.4) All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) DEPARTMENT OF BUILDING AND SAFETY - 19. Comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 20. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 21. Obtain all building plans and permit approvals prior to commencement of any construction work. 22. The Occupancy classification of the proposed buildings shall be B/A-2.1. 23. Provide Occupancy approvals for all existing buildings (i.e. finale building permits or Certificate of Occupancy) 24. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 25. Provide van accessible parking located as close as possible to the main entry. 26. Show path of accessibility from parking to furthest point of improvement. 27. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code. F:~DepI~PLANNING~TAFFRFTt266pa99.DH.doc 4 28. Provide an approved automatic fire sprinkler system. 29. Provide appropriate stamp of a registered professional with odginal signature on plans submitted for plan review. 30. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 31. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 32. Trash enclosures, patio covers, light standard and any block wails if not on the approved building plans, will require separate approvals and permits. TEMECULA POLICE DEPARTMENT 33. Applicant shall ensure all landscaping surrounding the building are maintained at a height no greater than thirty-six (36) inches. 34. Applicant shall ensure all trees on the property are maintained away from the building ~o as to deter roof accessibility for suspect(s). 35. Additionally, plants, shrubbery and trees will be maintained in areas not designated for foot traffic. These areas will maintained so as to have clear visibility by patrons and prevent concealment by suspect(s) to hide themselves both day/night time hours. 36. Light fixtures shall be installed to illuminate all parking areas, driveways, and pedestrian walkways. these areas shall be lit with a minimum maintained one (1) foot candle of light at ground level, evenly dispersed across the surface, eliminating all shadows. All exterior light fixtures shall be vandal resistant and positioned so as not to produce glare. the installation of all exterior lighting shall be in compliance with the Mt. Palomar Lighting Ordinance. 37. Vandal resistant light fixtures shall be installed above all exterior doors and loading dock areas around the building. These light fixtures shall illuminate the doors surface with a minimum maintained one (1) foot candle of light at ground level, evenly dispersed. All lights shall be in ccmplianca with the Mr. Palomar Lighting Ordinance. 38. All exterior lighting shall be controlled by timers or other means that prevent the lights from being fumed off by unauthorized persons. 39. Upon completion of the remodification of the building, a monitored alarm system shall be installed to deter unauthorized entry/burglary and to notify the Police Department of unauthorized intrusion. 40. All doors, windows locking mechanisms, hinges, and other miscellaneous hardware shall be of commercial or institutional grade. 41. All exterior public pay telephones for this facility shall be placed in a well-lighted, highly visible area, and installed with a "Call-Out Only" feature to deter loitering. 42. Street address shall be posted in a visible location, minimum 12 inches in height, on th~ street side of the building with a contrasting background. F:\Dcpts~PLANNING~STAFFRPT~266pa99.DH.doc 45. All roof hatches shall be painted "International Orange." Provide building address on roof, 48" high numerals, 9" wide strokes, traffic paint, color to contrast with roof surface orientation as shown parallel to and facing primary street. In accordance with City Ordinance 97-07, the sale, use or possession of any type of alcoholic beverage is prohibited unless a special permit is issued by the Alcoholic Beverage Control (ABC). OTHER AGENCIES 46. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated July 20, 1999, a copy of which is attached. 47. The applicant shall comply with the recommendations outlined in the Riverside County Department of Environmental Health transmittal dated July 26, 1999, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicanrs Signature Date F:XDep~x, PLANNING\STAFFRF'I~266ps99 .DH 6 Wmr July 20,1999 John DeGange, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY PARCEL NO. 3 OF PARCEL MAP NO. 20873 APN 921-020-055 PLANNING APPLICATION NO. PA99-0266 Dear Mr. DeGange: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT /- d/'~ ~_% Steve Brannon, P,E. Development Engineering Manager 99~SB:mc186FO12-T5~FCF c: Laurie Williarns, Engineering Services Supervisor TO: FROM RE: County of Riverside DEPARTMENT OF ENVIRONNIENTAL HEALTH CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONAL USE PERMIT NO. PA99-0266 DATE: July 26 ~ The Department of Environmental Health has reviewed the Conditional Use Permit No. PA99- 0266 and has no objections. Sanitary sewer and xvater services may be available in this area. PRIOR TO ANY PLAN CHECK SUBMITTAL tbr health clearance. the following items are required: a) "Will-serve" letters ~'om the appropriate water and sewering agencies. b) Three complete sets of pitms tbr each food establishment (to include rending machines l will be submitted. including a fixture schedule. a finish schednle. and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific retirenee. please contact Food Facility Plan examiners at (909) 694-5022). c) A clearance letter fi'om the Hazardous Services Materials Management Branch (909) 694 will be required indicating that the project has been cleared tbr: · 13nderground stomge tanks. Ordinance # 617.4. · llazardous Waste Generator Services. Ordinance ~ 615.3. · IZmergency Response Plans Disclosure ~in accordance with Ordinance ~ 651.2.) · Waste reduction management. d) ..\ letter t?om the Waste Eegulation Branch (Waste Collccdon/LEAL CH:dr ~909) 955-8980 NOTE: Any current additional requirements not covered. can be applicable at time of Building Plan review Ibr linal Departn~ent of Environmental Health Clearance. Doug Thompson. Hazardous Materials ,t;mdjbl TT' ATTACHMENT NO. 6 Information Packet Submitted by International Rectifier F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc A Appeal Form Attachment Paragraph h Planning Application No. PA99-0266 (Minor Conditional Use Permit) Paragraph 2: Temecula Planning Commission, November 3, 1999 Paragraph 3: 1. Decision of the Planning Commission approving Planning Application No. PA99-0266 (Minor Conditional Use Permit) proposed to be issued to Ollie House Indoor Skateboard Park, located at 43300 Business Park Drive, Temecula, CA. 2. Finding by the Planning Commission that the proposed skateboard park is exempt from CEQA per Section 15301. Paragraph 4: International Recti~er Corporation ("Appellant") asks the City Council of Temecula to set aside and void the decision of the Planning Commission to grant a Conditional Use Permit ("CUP") for the Ollie House Indoor Skateboard Park (Planning Application No. PA99-0266). In support of its request, the Appellant incorporates by reference the attached letters dated October 13, 1999 and November 3, 1999 submitted by Appellant to Planning Manager Debbie Ubnoske (Exhibits A and B). As stated in those letters, and enumerated below, Appellant believes that a number of issues were wrongly determined by the Planning Commission. As a preliminary matter, however, Appellant asks the City Council to note several procedural difficulties that have arisen concerning this appeal. First, Appellant is submitting this appeal within 15 days of the Planning Commission decision which was allegedly made on November 3, 1999. Appellant was told by the Planning Department on two separate occasions that an appeal of the November 3, 1999 decision had to be made within 15 days of the approval - i.e., on or before November 18, 1999.t However, under Section 17.03.090(E)ofthe Temecula Municipal Code ("Municipal Code"), the appeal does not have to be filed until 15 days after the written notice of decision has been served.2 The written notice of decision is to be filed within 15 days after the close of the public hearing.3 Appellant did not receive a notice of decision from the i Telephone conversation with the Planning Department, 11/16/99 (information provided by Valefie Wimberly), and telephone conversation with the Planning Deparwaent 11/16/99 (information provided by John DeGange). : Temecula Municipal Code section 17.03.090(E) states in relevant part that: "[a] notice of an appeal by any individual who is aggrieved by or dissatisfied with a decision on an application made by him or in his behalf, or with any action, order, requixement, decision or detemunation, shall not be acted upon unless filed within fifteen days after service of wnnen notice of decision." 3 Section 17.03.040(E) of the Temecula Municipal Code states that: "[t]he planning comnussion or director of planning shall hear relevant testimony from interested persons and shall make its decision within fifteen days after the close of the public hearing. Notice of the decision shall be filed by the director of planning with the city clerk, together with a report of the proceedings, not more than fifteen days after the decision. A copy of the notice of decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision." LA3 907q996 li<t7/99 Planning Department, nor did Appellant review any such notice of decision in the record file, obtained from the Planning Department on November 16, 1999. Because the Municipal Code does not require the Planning Commission to prepare a notice of decision until 15 days after it has made its decision, it is likely that no such notice of decision has yet been prepared. Appellant's ability to bring a meaningful appeal is severely limited by the Planning Department's requirement that Appellant file its appeal before a written notice of decision has been made available, because Appellant has not been able to verify the actual findings made by the Planning Commission. This appeal is based, therefore, upon evidence in the record file and the proposed findings of the Planning Commission written by the Planning Commission staff ("Planning Staff'). In the event that facts come to Appellant's attention after filing this notice of appeal indicating that new or additional information is available, Appellant asks that the City · Council grant Appellant future leave to amend this notice, if and when new information comes to light. In addition, it has come to Appellant's attention that the Planning Manager filed a Notice of Exemption under CEQA for the proposed skateboard park with the County Clerk and Recorders Office for the County of Riverside on November 9, 1999. It is Appellant's view that this Notice of Exemption was filed prematurely before Appellant had a chance to exhaust its administrative remedies and bring this appeal. As such, it is Appellant's belief that the CEQA statute of limitations is tolled by this appeal, or alternatively, that the November 9, 1999 Notice of Exemption is invalid. In support of its appeal, Appellant believes that the following issues were wrongly determined by the Planning Commission. 1. The Planning Commission wrongly approved the application for a Conditional Use Permit ("CUP") for a project that is inconsistent with the City's zoning regulations. The Planning Commission wrongly decided to approve the CUP application for a project that is inconsistent with the City of Temecula's zoning ordinances. The proposed location of the skateboard park is zoned Light Industrial. (See map Exhibit C). Section 17.08.030 of the Municipal Code sets forth the land uses that are permitted in each commercial zoning district. Section 17.08.(B0 does not specifically list "skateboard park" uses. Of the uses listed in Section 17.08.030, those most analogous to skateboard park uses are: (i) recreational uses for children and teenagers, such as bowling alleys, arcades, teen clubs, and movie theaters, and (ii) recreational exercise uses, such as health and exercise clubs, aerobics studios, and martial arts studios. All of these uses are prohibited in light industrial areas under Section 17.08.030 of the Municipal Code, indicatin~ the City's determination that teena~e recreational use is not appropriate in such areas. Although Section 17.08.030 includes a general reference that sports and recreational facilities are allowed in light industrial areas by conditional use permit, the Municipal Code's more specific prohibition on teenager recreational and exercise uses in light industrial areas supercedes the general permission to consider certain sports and recreational uses and ts binding on the Plam~mg Commission. Appellant urges the City LA3:907999 6 I 1/17/99 2 to comply with its own zoning ordinances and require the Planning Commission to deny issuance of the CUP. 2. The Planning Commission wrongfully approved the application for the CUP without making the necessary findings required by the Temecula Municipal Code. In order to grant a CUP, the Planning Commission must make a series of findings set forth in Section 17.04.010(E)( 1 )(a)-(e) of the Municipal Code demonstrating that ~'the use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare." Under Section 17.04.010(E)(1)(b), the Planning Commission must find that "the proposed conditional use is compatible with th.e nature, condition and development of adjacent uses, buildings and structures and that proposed conditional use will not adversely affect the adjacent uses, buildings or structures." The findings made by the Planning Commission to support issuance of the CUP must be supported by substantial evidence in the record as a whole, pursuant to Section 17.04.010(E)( 1 )(e) of the Municipal Code. In this case, information available in the Planning Commission's file did not include any findings made by the Planning Commission. Nor did the Planrang Staff recommend that, based on the evidence in the record, the Planning Commission should make the findings required for approval of a CUP. Instead, in the Staff Report dated November 3, 1999, members of the Planning Staff referred the decision on the CUP to the Planning CommiSsion because "significant issues have been raised relative to the compatibility of [the skateboard park] with the uses that exist or that will ultimately be permitted in the vicinity of the proposed project." I_d. at 3. Instead of identifying evidence supporting findings for approval or denial of the CUP, the Planning Staff provided two inconsistent sets of findings that would support a decision of the Planning Commission either to approve or deny the CUP approval.4 The fact that these sets of findings are entirely inconsistent indicates that taking the record as a whole, the Planning Staff did not find substantial evidence to support a finding of approval of the CUP. Clearly, the Planning Commission is not free to simply select one of two inconsistent, result-oriented findings For example, Finding No. 4 (for Approval) states that: "[t]he nature of the pwposed conditional use is not dentmental to the health, safety and general welfare of the community. The project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are is [sic] not den'imental to the health, safety and general welfare of the community. Compliance with these documents will assure this is achieved." Id. at 4. In contrast, Finding No. 4 (for Denial) states that: "It]he nature of the proposed conditional use could potentially expose people to uses within the vicinity of this project that could be demmental to their health, safety and general welfare. The project is not entirely consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are is [sic] not delnmental to the health, safety and general welfare of the community. This project potentially would not be able to comply with these documents." Id. LA3 907999 6 11/17/99 3 drafted by the Planning Staff, but must rest its decision on substantial evidence in the record. Assuming the Planning Commission adopts the Plarming Staffs set of findings that supports approval of the CUP, Appellant believes that the Planning Commission's decision is not supported by the record for the following reasons: a. There is no substantial evidence in the record establishing that the proposed skateboard park use is compatible with adjacent uses and will not adversely affect such adjacent uses. We have reviewed the information available in the Planning Commission's files with respect to the Planning Commission's determination to approve the issuance of a CUP. As indicated above, this did not include a written notice of decision issued by the Planning Commission. Although the file contains a letter from the applicant advocating the project and several individuals including the applicant spoke in favor of the project at the hearing, there is no evidence in the file establishing compatibility of use or lack of adverse affects. In their~ndings ofappmval, the Plarming Staffstated that the proposed use is compatible with adjacent uses and will not adversely affect adjacent uses "because there are similar uses in the vicinity (a church and day care) and because the proposed hours of operations do not conflict with the hours of operation for the light industrial uses in the area." The first statement is conclusory and irrelevant to a finding of compatibility, and the second statement is simply incorrect. The fact that there happens to be a non- conforming use in the area does not constitute evidence that supports a finding that a newly proposed non-conforming use will not have adverse impacts on adjacent uses. In fact, it increases the possibility that cumulative impacts from all of these incompatible uses will be more serious than anticipated. In addition, the proposed hours of operation at the skateboard park in no way alleviate or mitigate the concerns of Appellant that the skateboard park will create traffic problems, increase traffic hazards, and introduce an influx of teenagers skating, skateboarding, or bicycling to the area in a manner that is inconsistent with heavy industrial truck traffic. International Rectifier's facilities in the business park operate 24 hours a day, and may receive truck deliveries at any time during the 24 hnur period. For facilities that do not operate at night or on the weekends, allowiug unsupervised children and teenagers to the area increases the risk of vandalism in an industrial area where hazardous chemicals are used and transported. There is no evidence that the conditions of approval proposed by the Planning Staff and other agencies to be imposed on the applicant will effectively eliminate these concerns. As indicated in International Recti~er's letters, a busy industrial park (with its manufacturing, hazardous chemical storage and use, and heavy equipment and trucks) poses obvious risks to children and teenagers entering the park to engage in skateboarding. The evidence in the record does not provide a sufficient basis for the Planning Commission to conclude that the proposed project will eliminate such risks to the youths, as well as the attendant liability concerns for the City and adjacent industrial businesses. LA3:907909 11/17/99 b. There is substantial evidence in the record that the proposed skateboard park use is no__3t compatible with adjacent uses and ~vill adversely affect such adjacent uses. In May 1999, before the applicant submitted an application for a CUP to the Planning Commission, the Rancho Business Park Association (the "Association") was requested by the applicant to approve the development of a skateboard park in the Rancho California Business Park. The Association evaluated whether the proposed skateboard park use was compatible with existing uses, and ultimately concluded that such a use was not consistent with the existing industrial uses. As explained in more detail below, this independent assessment by the Rancho California Business Park constitutes substantial evidence that the proposed skateboard park use is not consistent with adjacent uses and will have an adverse effect on such uses. The skateboard park is proposed to be located on a parcel within the Rancho Califomia Business Park that is subject to land use covenants, conditions, and restrictions set forth in the Declaration of Protective Covenants for Rancho California Business Park (recorded in the Official Records of Riverside County, Book 1984, Page No. 237558, November 2, 198,$) ("Declaration") (the relevant sections of,the Declaration are set forth in Exhibit D). The Declaration creates an Association, which is comprised of representatives of each owner of property within the Rancho California Business Park. The Declaration generally restricts land uses within the business park to engineering, office, light manufacturing, warehousing, and related uses. However, the Association is charged, among other things, with the responsibility of approving or disapproving proposed commercial or retail uses "based upon consideration of the effect of such operations or uses on other property subject to this Declaration and upon the occupants thereof." As the representative of the owners of businesses in the Rancho California Business Park, the Association is best situated to make an assessment as to whether the proposed skateboard park use is compatible with the existing operations in the Rancho California Business Park or would have an adverse affect. In a letter dated June 1, 1999 (Exhibit E), the Association disapproved the proposed skateboard park use of property within the Rancho California Business Park based on its determination that such a use was not consistent with adjacent uses and would have an adverse affect on such uses. After full review of the matter, the Association determined that the use of the vacant building for teenage recreational purposes was not consistent with the surrounding industrial purposes. Among other issues, the letter expressed concerns about the hazard of having unsupervised youth in an industrial park, as well as concerns about problems with trash, use of common areas by skateboarders, and traffic problems. The Association's assessment of the proposed skateboard park use and decision to disapprove the proposed use is substantial evidence that the proposed use is not compatible with the nature, condition and development of adjacent uses, buildings and LA3:907909 6 I 1,17,99 5 will have an adverse impact on, adjacent uses. Therefore. approval of the CUP application by the Planning Commission should be set aside or voided. The Planning Commission wrongly determined that approval of a CUP for the proposed skateboard park was exempt from review under the California Environmental Quality Act ("CEQA"). The Planning Commission wrongly determined that approval of the CUP for the proposed skateboard park was exempt from CEQA review under the "existing facilities" categorical exemption set forth in Section 15301 of Title 14 of the California Code of Regulations. Section 15301 provides that projects which involve the "operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures... involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination" do not have a significant effect on the environment and are exempt from CEQA review. The proposed project involves the alteration of a structure that was vacant and unused at the time of the Planning Commission's determination, into a skateboard park facility for skateboarding use by children and teenagers. This change of a vacant unused building to a building used for recreational skateboarding by children and teenagers is a complete change and major expansion in use from that existing at the time of the Planning Commission's determination. The Planning StafFs statements that no structural changes to the exterior of the building will occur and that all previous conditions applicable to the existing building will apply do not support use of this categorical exemption for the current proposal, in which an unused, vacant building will be completely transformed into a skateboard park. Because the complete change in use of the building from its current use constitutes more than a "negligible" expansion of use. the categorical exemption in Section 15301 is inapplicable to the proposed project. Even if the exemption were applicable, use of a categorical exemption for the proposed project would be barred by the exceptions to categorical exemptions listed in Title 14 California Code of Regulations section 15300.2. This section provides that a categorical exemption may not be used "where there is a reasonable possibility that the activity will have a significant effect on the environment" due to special or unusual circumstances. T~e inappropriate location of the skateboard park in an industrial area and the potential for the project to create significant impacts on traffic, public safety and services, and noise all constitute circumstances which make the use of a categorical exemption improper. Because the Planning Commission's finding that the Ollie House Indoor Skateboard Park project was categorically exempt from CEQA was improper. the Planning Commission is required to begin preparation of an initial study7 to determine whether to prepare a negative declaration, mitigated negative declaration, or an environmental impact report 7 An "initial study" is a preliminary analysis prepared by the City used to determine if the project will have a significant effect on the environment. 14 Cal. Code Regs. § 15063. LA3 907090 6 CEIR").s In its letter of November 3, 1999, Appellant set forth a number of potential environmental impacts that could occur from approving the skateboard park as proposed. Potential impacts include, but are not limited to, impacts on traffic, public services, and noise, and these areas of concern must receive further study. Additionally, feasible alternative sites that are more appropriate for the proposed use must be explored. The evidence in the record prepared by the Planning Staff is simply inadequate to uphold the finding of exemption against the arguments raised by Appellant and others. Through the research required as pan of the initial study process, information on these and other potential environmental impacts of the proposed project will be developed. As required under CEQA, the Planning Commission will then be able to reach a reasoned decision on whether a negative declaration, mitigated negative declaration, or an EIR is appropriate in light of evidence regarding impacts and information gained through the public comment process. The Planning Commission must comply with its legal obligation under CEQA to take these steps. Paragraph 5: Appellant respectfully requests the Temecula City Council to set aside or void the decision of the Planning Commission and immediately deny the application for the skateboard park CUP. In the alternative, Appellant requests that the City Council instruct the Planning Commission to postpone making a decision to approve or deny the CUP until it has complied with its CEQA obligations by beginning preparation of an initial study and subsequent CEQA documentation for the proposed skateboard park. s Based on the initial study, if the City determines that there is substantial evidence in the record that the project may have a significant effect on the environment, the City must prepare an EIR. 14 Cal. Code Regs. § 15064( f)( 1 ). If the City determanes that there is substantial evidence in the record that the project may have a significant effect on the environment but the City determines that revisions in the project plans or proposals made by, or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur and there is no substantial evidence in light of the whole record before the City that the project, as revised may have a significant effect on the environment. then a negative declaration shall be prepared. 14 Cal. Code Regs. § 15064(0(2). If the lead agency determines there is no substantial evidence that the project may have a significant effect on the environment, the lead agency shall prepare a negative declaration. 14 CaL Code Regs. § 15064(t")(3). LA3:907909 6 [ 1/17/99 8 List of Exhibits 1. Exhibit A: Letter from Dan Dierken, Facilities Director, Hexfet America, International Rectifier, to Debbie Ubnoske, Planning Manager, City of Temecula, dated October 13, 1999. 2. Exhibit B: Letter from Dan Dierken, Facilities Director, Hexfet America. International Rectifier, to Debbie Ubnoske, Planning Manager, City of Temecula, dated November 3, 1999. 3. Exhibit C: City of Temecula Zoning Map. 4. Exhibit D: Declaration of Protective Covenants for Rancho Califomia Business Park, Article 8. Recorded in the Official Records of Riverside County, Book 1984, Page No. 237558, November 2, 1984. 5. Exhibit E: Letter from J.B. "Pete" Olhasso, at the Direction of the Board of Directors, Rancho California Business Park Association, to Matt Greenberg, Westmar Commercial Real Estate, dated June 1, 1999. 6. Exhibit F: Letter from Dennis M, Burke, Fiore, Racobs & Powers on behalf of the Rancho California Business Park Association, to Planning and Directors Hearing, City of Temecula, dated October 14, 1999. LA3:c~07999 6 I 1/17/99 9 ExK ,bd' - lntemational Rectffier HEXFET America Facility: 41915 Busir~ess Par~ Drive f~ Temecula [] CA 92590 [] Phone 909-676-7500 [] Fax 909-676-9154 November 3, 1999 Debbie Ubnoske Planning Manager City of Temecula Dear Ms. Lronoske, We appreciate the opportunity to submit our comments concerning your proposed issuance of a Conditional Use Permit (CUP) for a children's skateboard park located adjacent to International Rectifier's HEXFET America facility in the Rancho California Business Park in the City of Temecula {City). International P, ecti~er is extremely concerned about the potential impacts of the skateboard park in the location in which it is proposed. International Rectifier urges the City to deny issuance of a CUP for the skateboard park in its proposed location for the following reasons: (1) the proposed use is incompatible with surrounding uses, (2) the proposed use is a violation of private land use restrictions, and (3) the proposed project involves significant impacts under the California Environmental Quality Act {CEQA), for which further study is required. These concerns are discussed in more detail below. 1. A CUP Should Not Be Issued because the Proposed Use Is Incompatible With Surrounding Uses Siting a skateboard park in an industrial business park is inconsistent with the City of Temecula's zoning regulations and standards for issuance of a CUP. The Kancho California Business Park is properly classified as a light industrial district (LI) under the Temecula Municipal Code zoning ordinance, because ks owners and tenants engage in uses such as manufacturing, compounding of materials, processing, assembling, packaging, treatment or fabrication of materials, and products which require frequent truck activity or the transfer of heavy or bulky items. TIle Temacula zoning ordinances appropriately prohibk uses which might accommodate children ~uch as day care centers, candy sales, health and exercise clubs, ice cream parlors, hotel/motels, movie theaters, and fast food restaurants from being sited in a light industrial district, because such child-oriented activities are incompatible with light industrial activities. (Although the zoning ordinance permits sports and recreatior.~; facilkies to be sited in a light industrial zone through the issuance of a conditional use permit, k is understood that such uses are typically for the purpose of accommodating personnel of the industrial park, not to attract children to industrial parks.) The reasons for disallowing uses that accommodate children in a light industrial park are applicable to the Rancho California Business Park, and the City should not deviate from the decisions embodied in its zoning ordinance to grant a CLIP for a skateboard park in the proposed location. ltgU:I:T. IIII.:IIID1 Ms. Debbio Ubnoske I 1 I/3/99 Notwithstanding that the Temecula zoning ordinances do not allow a skateboard park to be sited in an area zoned light industrial, the City is being requested to grant a CUP for this child-oriented use. In order to grant a CUP, the City must find that "the proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures." [Temecula Municipal Code Section 17.04.010(E)(1X a)]. Under this standard, the CUP for the proposed skateboard park must be denied because the skateboard park is not compatible with adjacent uses and will have an adverse effect on such adjacent uses. a. A skateboard park is an incompatible use in a light industrial park The use of a facility as a skateboard park is not compatible with the intended uses of an industrial Park which are designed to accommodate manufacturing uses in an area separate ~'om neighborhoods where recreational activities are likely to be conducted. As you are aware, the property proposed for the skateboard park is located in a busy indusU'ial park where industries including International Recti~er and Chemicon conduct manufacturing operations, use heavy equipment, generate noise levels appropriate for an industrial park, and use and store hazardous chemicals and gases. Although International Recti~er has operated internationally for over 50 years without a material safety or environmental incident, we are aware that even the safest of manufacturing and industrial operations could experience an accident or unplanned release under certain circumstances, such ~ a natural disaster scenario. The well-established noise control procedures and safety systems used in industrial parks are not intended for the protection of childv in adjacent playgrounds. Simatlng a skateboard park in the vicinity of industrial operations poses unnecessary and inappropriate risks to the youngsters who will use it and raises unacceptable liability concerns For the adjacent industrial businesses and the city of Temecula. b. A skateboard park will have an adverse effect on adjacent uses because it will chill economic development in the light industrial park Locating a recreational activity intended for children in a busy industrial park will also have an adverse impact on the development of industrial uses in this area. International Rectifier currently employs over 600 people in the Temecula area, and our site in the Business Park often opportunities w expand operations and create more jobs. Approval of the Skateboard Park would throw up serious roadblocks to our possible future expansion in Temecula, because expansions that are safe and appropriate in an industrial area would receive greater scrutiny in an area used for child recreation purposes. This adverse impact on development would have a chilling effect on the development plans of other businesses in the area as well as International Rectifier. Because a skateboard park is an incompatible use and will have an adverse effect on surrounding uses, the City should deny the application for a CUP. Companies such as International Pegdrier have developed their businesses and invested in the community over the long term based on the understanding that incompatible uses would be pwhibited by applicable regulatory requirements and other private development restrictions placed on the parcels. Approval of the CUP is inconsistent with the City's standards and the land use decisions documented in the zoning ordinances. 2. The Proposed Use Is a Violation of Private Land Use Restrictions The proposed skateboard park is located within the Rancho California Business Park Association (Association). Private land use covenants, conditions, and restrictions for the Rancho Califorma Business Park are set forth in the Declaration of Protective Covenants for P~ancho Califurma Business Park, recorded in the Official Records of Kiverside County, Book 1984, Page No. 237558, November 2, 1984 (Declaration). Article 8 Section 8.1.1 of the Declaration defines permitted uses, and states that: "the improvement, operation and use of a Lot shall be restricted to engineering, research, office, warehousing and distribution, and light manufacturing oper~on and accessory uses incidental thereto, and such retcal and commercial operations, e~ressly approved by the Committee m writing, as may be of service to, and in harmony with, a quality inctustrial park development." (emphasis added) As stated in a letter dated October 14, 1999 submitted by Dennis M. Burke at the Planning and Director's Hearing (the October 14, 1999 letter), the Association has denied the property owner' s application for approval of the skateboard park. The Association's denial of approval of the skateboard park was proper because the skateboard park will create an unreasonable ha,ard and interference with the primary purpose of the light industrial park. As stated in the October 14, 1999 letter, owners in the industrial park have already complained that the skateboard park would limit their ability to develop their property and/or atta~t tenants, and chill the ability of the owners to expand existing uses. This outcome is not "of service to, and in harmony with, a quality industrial park development." International P, ecti~er fully supports the Association's reasons for opposing the CUP stated in the October 14, 1999 letter. The Declaration is a binding legal restriction on uses of the industrial park property. Imernational Rectifier does not believe that the City should approve a use in an area subject to private land use restrictions that has reasonably been deemed incompatible by the representative association of the light industrial park ownen, lessees, tenants, etc. Nor is it appropriate for the City to assist the project proponent in its efforts to avoid the legally binding covenants that apply to the property. Occupants of the Rancho California Busincas Park such as International Recti~er operate in compliance with the conditions set forth in the Declaration, and have the fight to rely on these conditions to preserve public safety, economic interests, and the quality of the commercial environment at the Business Park. The Proposed Project Will Lead to Significant Environmental Impacts Requiring Review Under the California Environmental Quality Act (CEQA) CEQA requires a public agency to prepare a detailed Environmental Impact Report (EIR) as opposed to a less comprehensive Negative Declaration if there is substantial evidence in the record that the project may have a significant effect on the environment, 14 Cal. Code Regs, §15064(f)(1). As indicated above, there are many significant adverse impacts that potentially could result fi'om allowing a skateboard parlc to operate adjacent to an industrial park. For example, the project could create adverse noise impacts that are incompatible with a business enviromnent. Industrial noises may have an inapproptiate impact on children, and the screams and shouts of children may be distncting to industrial business worken. The presence of children darting in and out of traffic could lead to an increase in emergency incidents. that could negatively impact public services. Traffic impacts are also of great concern. As stated in our letter of October 13, 1999 the location of the skateboard park in the proposed area would be incompatible with the traffic patterns in the business park. The roads within the Rancho California Business Park are curren~y heavily used by l&rge trucks; for example, more than 40 trucks per day use Business Park roads to service International Recti~er alone. The heavy traffic by these large industrial vehicles is incompatible with use by inexperienced young driven and children who would be in the area on foot, bicycles, and skates. In addition to increasing tra~c hazards, we believe that adding the traffic associated with a recreational attraction to the business park' s roads would Eve a detrimental impact on the Rancho California Business Park's already heavy traffic patterns. Based on the evidence before the City, a "fair argument" exists that the project may have a significant effect on the environment, and thus the City is required to prepare an Environmental Impact Report (EIP,) for the project. 14 Cal. Code Regs.§ 15064(0(1). Preparing an EIR will ensure not only that significant impacts and potential mitigation measures are studied and identified, but will also ensure that alternatives to the skateboard park - such as more approptiate locations - are considered. CEQA provides that no public agency shall approve projects as proposed "if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of soch projects." Public Resources Code § 21002. It is our understanding that a potentially feasible alternative site for the skateboard park exists at a nearby mall across the fleeway from the Business Park Since the proponents of the skateboard park have stated that the purpose of the park is to provide entertainment to children while ~neir parents are shopping at the mall, it would be far more appropriate to site such a skateboard park at the mail, as opposed to in an industrial park across a freeway. International Recti~er urges the City to fully comply with its obligations under CEQA, including preparation of an ElK, which will help maintain standards of sensible development that promote public safety and wall-planned economic growth. For all of the reasons discussed above, we strongly urge the City of TeFnecula to deny the application for a conditional use permit. Although International Kecti~er supports the children in this area through many activities, including our annual scholarship program, we think it is important to provide recreational opportunities for children in places that provide an approptiata and safe environment. A light industrial park is not a proper environment for such activities. The proposed skateboard park would constitute a use that is incompatible with the private and public purposes for which the P, ancho California Business Park was designed. Thank you for the opportunity to address this serious issue. Sincerely, Dan Dierken F~cilities Director Hex~et America, International Recti~er Ms. Debbie LPonaske 5 11/3/99 Re~ordin~ r~ques~ed by and when recorded return Kaiser Development Company 27405 Ynez Road / Temecula Rancho California, CA 92390 Ag=n.: Legal Depar=men= Exh~b,4-- C -DECLkRATION OF PROTECTIVE COVINANTS FOR RANCliO CALIFORNIA BUSHUS PARK An Industrial/Commercial Business Park DEE101884/CCR$3 (15) days following any request from any Owner or Lessee, the Committee shall certify in writing whether any amounts are due and osring pursuant to this paragr- ' ~ich respect co the real property of any such Owner or the leasehold interest of such Lessee. The remedy set forth he=sin shall noc be exclusive but may be utilized in conjunction with ocher remedies permitted by law, including, bur noc limited co, eviction proceedings, injunction, restraining orders, foreclosure or actions to quiet title to enforce =he provisions of this Declare=ion. In the event any such actions are instituted, the prevailing parry as determined by the trial of the case, shall be entitled to reasonable attorney fees, legal costs and expenses. ARTICLE 8 LA~ CLASSIFICATION, PERMITTED USES AND RESTRICTIONS 8.1 Permitted Uses; Nuisances. 8.1.1 Permitted Opera=ions and Uses. The improvement, operation and use of a Lot shall be restricted to engineering, research, office, gatehousing and distribution, and light manufacturing operations and accessory uses incidental thereto, and such retail and commercial operations, expressly approved by the Committee in writing, as may be of service to, and in harmony rich, a quality industrial park development, all of such nature and type as st//1 not create or e offensive, hazardous or excessive qua=cities of dust, dirt, fly ash, smoke, noise, fumes, odors or vibrations, or create fire, explosion or other hazards. There shall be no usage of hazardous and/or toxic chemicals and/or waste upon or within the improvement, operation or use of a Lot unless =he use and disposal of said hazardous and/or tort= chemicals and/or waste is approved by the appropriate governmental and'/or non-governmental agency regulXting such use and disposal of said hazardous and/or toxic cb*m~cals and/or waste and that the use and disposal does not cause ground ar ground water contsm~nation. Upon written request thereof, ~hs Commi~t~e shall be provided with evidence that proper controla~ measures, or devices will be provided to insure and protect the interest, safe=7, and general welfare of other occupants of the Park from any end all such nuisances or hazards. All applicable local, County, State or Federal laws, codes or ordinances shall be complied with. 8.1.2 Prohibited Uses. The following operations and uses shall no= be permitted"on any property subJec~ co these Declarations: 1. Residential (including caretakerzs quarters); 2. Camping; 3. ~bile Home sales and storage yards or ~railer or DEE081684/CC~3 -24- rec=ea~ional vehicle courts or sales facili:fes; 4. .Labor camps; 5. Junk yards and auEo dismantling opera=ions; 6. Dis=illaEion of bones; 7. Dumping, disposal, incineraEion or reducEion of garbage, sevage, dead animals, refuse or silage; 8. Say or placing mills; 9. HanufacEuring or production of cemenE, lime asphalE, gIpsum, fireworks, wood pulp or the like; 10. Production of fish produces, sauerkraut, vinegar or the 11. Fac rendering; 12. SEockyard or slaughtering of animals; 13. Surface mining operations; 14. Smelcing'of iron, Eln, zinc or ocher ores; 15. Cemeteries; Tent shelters or storage facilities; 17. Processing of sugar beets; 18. Gasoline service stations, garages and auco repair, automotive paine and body shops; 19. Drilling for and/or nhe removal of oil, gas or oEher hydrocarbon substances. 20. Refining of peEroleum or ocher hydrocarbon produces or by-producEs or Ehe storage of such produces and by-producEs; 21.' Minufa~cu~ing or distillation of chemicgls ocher operation involving offensive odors, noise levPls or air pollution or such ocher operation or use wttich is deemed by the ComEtee in iEs sole and absolute discretion co be dangerous, unsafe, offensive or harmful Eo the senses or vhich is deemed =o consciEuce a nuisance; 22. Jail or deEenticE facilities; and 23. ~ gatehouses such as public storage faclliEles. 24. Truck Terminals DEE08168&/CCRS3 -25- The aforementioned prohibited uses are not intended ~o be all inclusive and no LoC shall be utilized by a purchaser for an activity or puTpose consider L~ nhe CommiEcee Co be objectionable as an intrusion into the environment of sound, ~ odor, visual effect or physical impact which in its opinion will disturb or rend co .-~ disturb the ocher Owners of Lots in the Park or which is deemed ~o cons~icuce a nuisance; provided chac the approval of The Committee co any use shall noC be unreasonably or arbitrarily withheld. 8.1.3 Specially Pemicred ~era=ions and Uses. ~eracions and uses which are neicher specifically prohibi~ed nor specifically auchorized by Declaracionuy be pe~CCed in a specific case if approved in~iCin~ by ~he Comic=ee. ~proval or disapproval sh~l be bued upon consideration of the effect of such operations or uses on ocher property subject co this Declaration ~d upon =he occupants Chereof. 8.1.~ Nuisances. No ~er, Lessee, Licenses or Occup~c shall create nuis~ce co the Park or ocher proper=~ in the ~c~iC7 of the Park. No ~bbish or debris of any kind shall be placed or pe~cced co acc~lace upon or adjacent ~y Loc, includin~ cons=~ccion seaSin~ areas, ..... arise therefrom so.as =o.render any Lo= or portion thereof uusa~ca~, unsiKhcly, o~fensive or decr~encal co any proper~y in the vicinity thereof or co the occu~ chefsol durinS che inl=l~ cons=mcCion or operacion of the ~rovemencs~ No us operation shall be conducced in che Park which is ~reasonably no~ous, 'objectionable, unsightly or decr~en=al co ochers in ~y ----er ~d due ~o an~ cause, such as, buc noc l~ced ~o, vibracion, s~d, elecCr~e~ical disturbances, eleccro~ecic dis=urbances, radiation, air or racer po~u=ion, dust or e~ssion of odorous ~oxic ~dnon-co~c ~ccers. 8.2 Variances. The Ct~--4~cee is hereby authorized and ~red co grant variances for commercial or retail uses eriCbin che Park in addition co chose listed in Paragraph 8.1.1 and Co further grant reasonable variances from the provisions of chis DeclaraCion, or any portion hereof, in order Co overcome practical difficulties and co prevent unnecessaz7 hardship in the applicaCion of the provisions contained herein, PROVIDED, HO~EVEa, chaC said variances shall noc materially injure any of the property or Improvements in the Park, and shall ochersrise be subject co all applicabl~' laws, ordinances, rules and re~ula=lons of any governmental agency or political entity having Jurisdiction over the Park. No variance granted pursuant co the authority granted herein shall constitute a waiver of any ocher provision of this Declaration as applied =o any person or real property. DEE081684/CCRS3 -26- 2548| r6kN(:~,O c,AJ.~. T~. $UITI lot C~ ~ (~ 67~1~ June 1, 1999 Eqmty MANAGEMENT Mat~ Greenberg Wes'oTtar Commercial Real Estate 27311 Jefferson Avenue #103 Temecula CA 92590-5601 S~bjec'c Rancho California Business Park Association Your May 18, 1999 Letter Concerning 43300 Business Park Drive Dear Mlt~: This let'tar is a follow-up To our conversation held May 26, 1999. The Board of Directors is in receipt of your le~ar regarding The proposed, indoor skatepark at the above noted property. After fully reviewing ~e matter the Board of Directors daniel your request To install an indoor skatelark: per Article 8.1.3 of me CC&Rs. The Board of Directors is colteemed thet a skatepark will mot youths to the. indus'=lal park. The induatrlaJ park is neither de, signed for, nor ;.,ianded for use by youths. The indo~x skatspark is not consis~ with The CC&Rs or ~e sun'ound'mg indus~isl usages. Of major concern TO the Board is the poleffial fo~ rash, etc. To be sl~ead from the N,'ffing lot throughout the en~re park thereby creating an unsigrm'y mess to ~e Association's su~ounding Woperfies and common are-__-; Youths on skates/~ards WiG find 'every set of steps, slom, handrails, etc. on which To skate. It is imma~tle for the operators of the indoor skae~m To conlzol aclivffies outside the skatepark. The Board of Directors is funt~r concerned about the resultant traffic problems and the inability require parems to drive into tte skatepark To pick up and drop off their chfidran. Unsuparvised youths within an indusffiai pafi~ is not consistent with the Assodation's CC&Rs. The CC&Rs are designed TO p,v~ct and enhance an industrial park, not protect and enhance the activities of yotmhs. Should you have any questions, pieMe feel free to g;ve me a ceil. Sincerely, At the Oirec'cion of the Boare JBO/db co NM I Corre/Mlsc CORRS\PRORSKATE. RRp FIORE. R~COBS & POWERS , RIV~R~IDE. CALIFQRNIA i2~OH3|0 pDnnlng Slid Directors Hearing City of Temecula Ocwber 14, 1999; 1:30 p.m. Subject: AFplicadon for a Conditional Use Permi~ for Skar:board Park ObjecUons of Rancho Cali/ornia Business Park Association The undersi~n~d represents the Rancho California Business Park Association ("Association"). The site for The proposed skateboard park is located with;- the Association. The AssociaIion h~, already denied the property ow~er's application for Association approval for The skateboard park. For the reasons set forth below, the Association opposes is;,.nce of a conditional use permit f,~r the proposed slateboard park and reques5 thai the CiTy deny the same. I. Unacceptable Liability. Risk It is inevitable that a skaxeboard park will scraci ~hildren on skateboards. Those children will be riding their skaleboards m and from .,~d around the facility. Every nearby curb, driveway, sidewalk; plan~ or bump in the road will be incorporaled inrn a skaleboard trirlr or jtlBlp, Children on skaleboards will be dar~_~ in and out of the stre~ (Business Park Drive) and surro,,-~i-~ properties during die daytlule and ~veuing. Business Park Drive is already a heavily used avenue for wacks and large commercial vehicles. Tzucics will be making deliveries and pickups for rJae existin~ indusu-hl uses within the project. The indusu-ial use across The s~en from the proposed skateboazd ranch site informs the Association tint up to 40 u'ucks a day visit ils site. That is at least 80 rack ulps pss~ the sPareboard park from that one use alone. AUnC'TinS children on skateboards m such a lumvily usmi sxreet is a recipe for disaster. It will only be a ma,er of rime before a child darts out in front of and is hit by a truck or car. A mote likely scenario is a nrar miss, where a u'uck or car swerves into opposing traffic w avoid sulking a ct~ld. ATTACHMENT NO. 7 Letters Received Regarding Project F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc 20 AUGUST 2, 1999 Mr. John DeGange City Planner City Of Temecula P. O. Box 9033 Temecula, CA 92589-9033 ph. 694-6444 fax 694-1999 2 De~ Sir, It has been brought to our attention that there is a proposed indoor skateboard facility looking to take occupancy of the office/warehouse space next door to our place of business at 43300 Business Park Drive in Temeeula. As per the telephone conversation between you and our office. this letter is sent in hopes of voicing my concerns and possibly stopping this ~'om taking place. With expensive manufacturing machinery, inventory, and computer systems on the premises, our concern is security and the possibility of vandalism. Our business hours are Monday through Friday 7:00 a.m. to 5:00 p.m., leaving our business unattended until the closing hours of the proposed skate park on weekdays and all day Saturdays and Sundays. Another concem is parking and traffic. Our business ships and receives continuously throughout the day and it is mandatory that the semi trucks have access to our building. With the existing Church traffic in the complex being very heavy. at times. combining this with the additional traffic the skatepark will generate is more than the complex was designed for. Also with this added traffic comes safety issues. large trucks and forklilts in the best of circumstances don't mix with children and open the door for possible law suites. Along with noise.trash and loitering as possible problems we feel that the proposed use of this light manufacturing space is unreasonable and not a good fit for this complex. John Salzbrunn resident Northstar Tools Inc. 43300 BUSINESS PARK DR. SUITE A104. TEMECULA. CA 92590 PHONE 909-695-7008 FAX 909-695-7010 '=JanTel ~ O R P O R A T I O N 43300 Business Park 0r. Ste. A-101 Temecula, CA 92590 Phone: 98g.308.1111 Fax: 909.506.9452 hltp:/www. bamel.com NCR Authorized Distributor and Service Center August 2"a 1999 ,Vd'. John DeGange City. Planner City. of Temecula P.O. Box 9033 Tomecula. CA 92589-9033 Thank you for taking the time to consxder my letter regarding the proposed skatetx~u.d park at 43300 Business Park Drive. We have recen~y met uqth our propon).. manager. various tenanLs of our office complex and the gendeman pwposing the buildout of a ,i,a~eboard I:mk next door to our office and warehouse. We have serious resev.'ations regarding this project and we would lik~ to detail just a few of them below. prior to the public heanng which we are told is imminent · Noise: We feel the close pro.,arm.ty of this proposed park to our offices. meeting and confenmce room will gready impact our abili.ty to conduct business in a re~ and quiet fn,mhiOn. · Business Reputation: Our customers visit us daily. they. include Presidents. Chairman of the boards and CEO's of national banking institutions in the 2 billion dollar range and higher. · Security and Safety: Our mghmme and weekend secretarial s'taft have voiced gnve concerns regarding potential altorcauons and n~u~lts in the proposed shared parking areas. · Parking: Currently tunce a week our buszness neighbor the Temecula Valley. Christm Center puts on wonderful youth night services. Our proicing lot f~is to overflowing i~.' 2:00 PM How will the skateboard park alfea our abili.ty to park receive customers and · Litter: We have read the ackiitionai terms proposed bS.' the pmporty mnn~ger and we do v.~t feel it is as comprehensive as should be rcqtured to keep our area · Chemicni, Biological or Hazardous Material Evacuation: Within our business complex are compames thnt store and sell every disease known to man. as well as reputed biologycut %~ffare agents. Additionally. we have manthractunng conglomerates that recewe hazardous material shipments daily. Have the ev-ncuatlon and trenune~t plans of these compm'ues been probefly evuluated as to that effecuveness regarding "200 a day. or more" skateboarding youths directly across the stt~et ? or downwind from their stol'nge fatill.W? · Current Zoning Regulatsons: This industrial comptex is just that a light industrial office park, not avenue for paints to have their youths bebysat as the organizer of this park has mentioned. I am sul'e there are locations far beller stated for this v,. 'pe of rccrearwn and far safer for all concerned than 43000 Bunness Patio [n closing let me say that l do not feel this proposed skateboard park is in the besl intvesl of the corninanity. the business community and their ability to nonduet business. 1 311o do Itot feel the sa~e.~ of the childsen has been properly considereeL Let me add that should this park. at this Iocauon. become a possibility. 1%%qll do all that ~s m my power to tully public oplmon aBainst it. ATM's are our Business Sincereh'. Vice President BanTel Comornt~on BanTel CORPORATION AuSu~3d 1999 43309 Business Palit Dr. Ste. A-101 Temecula, CA 92590 Phone: g09.308.1111 Fat 909.506.9452 http:/www,banteLcom NCR Authorized Distributor and Service Center P.O; .]~a: 9033 Te~=:tda. CA 92589-9033 While act~8 on the behalf of the Pn:idcst of BaaTd Cozl~ora~ion~ ~. 1~ ~ w~ b ~t~ hi~g ~ ~ ~ m you a ~ oN~;-g m ~pm~,~e-~on~2~of~_ ~t~ch~. S~s' ~at~~inb~rof~~d p~b.~ ~ ~e ~ ~i~ ~vc fo~ ~ to ~ ~ 1~ of ~j~ Imu~m~w, for tt~ record, retract that lctter ofobjection_ The positio~ofk Cmlxu'afionand it'sPnsidentwhileunciearatthemon=mwillb~sdidified~,/ Mr. Saputos' ~ to the 5:~t~ and I am cottdazt be will ma~c his lotown to you pe.~omdJy. Whether for or againsl this projecL I would l[kc to apologize for am/confusion this may have caused you. Vice Pr~id-~ BanTel Corpora~on ATM's are our Business BanTel 0 R P 0 R A T I 0 N August 4m 1999 Mr. John DeGange City. Planner City of Temecula P.O. Box 9033 Temecula. CA 92589-9033 43300 Business Park Dr. Ste. A-101 Temecula, CA 92590 Phone: 909,308.1111 Fax: 909,506.9452 http:/www. bantel.com NCR Authorized Distributor and Service Center Dear Mr. DeGange, Let me introduce myself, my name is Joe Saputo. I am the Presidem and CEO of BanTel Corporation. I have only returned late last night from two w~ks in Europe. In my absence, my second in command, Mr. Chet Gorman was instruetec by me to record our disapproval of the skate board park slated for our light industrial and manufacturing office complex. On the 2"~ of this month Mr. Gorman sent you a letter detailing our objections. The afternoon of the 2"" Mr. Gorman received a threatening call from the buildin owner, a Mr. Paul Akian. Mr Akian unequivocally told Mr. Gormaa that if he did not retract our letter of objection immediately that our lease would not be re~ewef this coming December and we would be forced to relocate our offices. Not wanting to be responsible for our eviction, Mr. Gorman retracted his letter of objection. This is expressly against my wishes. I am emphatically opposed to this lunacy of locating a skate.board park in this area. The original letter of objection sent to you should be placed in the official record as to our feelings regarding this issue. Mr. Gorman will be present at the hearings to state our feelings in person. Let me also state for the record that threats and underhanded business practices will not sway us from our decision. If objecting to this skate board park and stating the facts as we see them should cause us to lose our lease. so be it! The safe .ty of the children and our employees comes tim. ATM's are our Business SincereLy, /, .,7,_.T~.osep~h / d- ~ S to 'l~esident, CEO BanTel Corporation xc- :lntemational Rectifier HEXFETAmerica I"acaitv: 41915 Business Park Drive _' Ternecula C, CA 92590 C_ Phone 909-676-7500 _' Fax 909-676-9154 October 13, 1999 Ms. Debbie Ubnoske Planning Manager, City of Temecula. 43174 Business Park Drive Temecula, CA 92590 Dear Ms. Ubnoske It has come to International Recti~er's attention that the City of Temecula is considering an application for a Conditional Use Permit to allow property located adjacent to our manufacturing facility in the Kancho California Business Park to be used for a children's skateboard park. We urge the City of Temecula to deny this Conditional Use Permit application because the proposed use of the property for a skatehoard park is not compatible with the adjacent industrial park uses. Industrial parks were established to separate manufacturing operations from neighborhoods and are generally considered incompatible with recreational activities such as a skateboard park. As you are aware, the property proposed for a skateboard park is located in a busy industrial park where industries conduct manufacturing operations use heavy equipment, generate noise levels appropriate for an industrial park, and use and store hazardous chemicals and gases. Although International Rectifier has operated internationally for over 50 years without a safety or environmental incident, we are aware that even the safest of manufacturing and industrial operations could experience an accident or unplanned release under certain circumstances, such as a natural disaster scenario. The well established noise control procedures and safety systems used in industrial parks are not intended for the protection of children in adjacent playgrounds. Situating a skateboard park in the vicinity of industrial operations poses unnecessary and inappropriate risks to the youngsters who will use it and raises unnecessary liability concerns for the adjacent industrial businesses. The City should also consider that locating a recreational activity intended for children in a busy industrial park will also have an adverse impact on the development of industrial uses in this area. International Rectifier currently employs over 600 people in the Temecula area, and our site in the Business Park offers opportunities to expand operations and create more jobs. Approval of the skateboard park would create serious roadblocks to our possible future expansion in Temecula, because expansions that are safe and appropriate in an industrial area would receive greater scrutiny in an area used for child recreation purposes. This adverse impact on development would have a chilling effect on the development plans of other businesses in the area as well as International Rectifier. It'.:XFP. iJII.:IIIft MANUFACTURING FACILITIES UNITED STATES CANADA GREAT J~RITA~N INDIA ITALY AND MEXICO WITH SALES OFFICES/~ND OISTRIBUTORS IN MAJOR CIIIES THROUGHOUT THE WORLD Page (2) Debbie Ubnoske Finally, the location of the skateboard park in the proposed area would be incompatible with the traffic patterns in the Business Park. The roads within the Business Park are currently heavily used by large trucks. For example, more than 40 trucks per day use Business Park roads to service International Recti~er alone. The heavy traffic by these large industrial vehicles is incompatible with use by inexperienced young drivers and children who would be in the area on foot, bicycles, and skateboards. Moreover, we believe that adding the ti'affic associated with a recreational attraction to the Business Park' s roads would have a detrimental impact on our already heavy traffic patterns. In this regard, we are concerned that the City of Temecula has not adequately studied the environmental impacts of this additional traffic, and we believe the City should do so before making a determination on the Conditional Use Permit. The City of Temecula should also consider the economic consequences of permitting this incompatible use in the Business Park. The current industrial occupants of the Business Park contribute greatly to Temecula's economy. International Rectifier alone has a $:29 million payroll, and last year paid $1.6 million in local taxes and generated business for dozens of local businesses. As mentioned above, the addition ofa children's attraction to this area would both chill further expansion, encourage companies currently operating in the Business Park to consider relocating, and discourage other companies from moving into the area. We believe the Business Park' s contribution to Temecula's quality of life and economy far outweigh any hoped-for benefit from a skateboard park that would be far better situated outside the Business Park. In summary, we urge the City of Temecula to deny the application for a Conditional Use Permit because the City cannot reasonably find that the proposed use will not adversely affect existing uses in the Business Park. Although International Recti~er supports the children in this area through many activities (including our Annual Scholarship Program, Summer Intern Program, Toys for Tots, United Way, etc.), we think it is important to provide recreational opportunities for children in areas that provide an appropriate and safe environment, without adding liability risk for the companies in the Business Park. Thank you for the opportunity to address this serious issue. Sincerely, Dan Dierken Facilities Director HEXFET America, International Recti~er RICHARD S. FiGRE PETER E RACOBS JANET L S ROWERS ER~N A MALO NEy WILFRED J SCHNEIDER, JR CHESTER A PUCHALSKI C MARK HORKINS MARGARET G WANGLER JAMES C HARKINS. IV * DENNIS M BURKE CHRISTOPHER M JOHNSON MICHAI~L R PERRY THOMAS L. BOSWORTH F'tORE, RACOBS & POWERS 6670 ALESSANDRO, SUITE B RIVERSIDE. CALIFORNIA 92506-63 I 0 TELEPHONE (909) 789~8100 FAX (909) 789-8105 WORLD WIDE WEB SITE htt0://www fiorellew Corn ORANGE COUNTY OFFICE 38 TECHNOLOGY DRIVE, SUITE 250 Planning and Directors Hearing City of Temecula October 14, 1999; 1:30 p.m. Re: Subject: Application for a Conditional Use Permit for Skateboard Park Objections of Rancho California Business Park Association The undersigned represents the Rancho California Business Park Association ("Association"). The site for the proposed skateboard park is located within the Association. The Association has already denied the property owner's application for Association approval for the skateboard park. For the reasons set forth below, the Association opposes issuance of a conditional use permit for the proposed skateboard park and requests that the City deny the same. 1. Unacceptable Liability Risk It is inevitable that a skateboard park will attract children on skateboards. Those children will be riding their skateboards to and from and around the facility. Every nearby curb. driveway, sidewalk, planter or bump in the road will be incorporated into a skateboard trick or jump. Children on skateboards will be darting in and out of the street (Business Park Drive) and surrounding properties during the daytime and evening. Business Park Drive is already a heavily used avenue for trucks and large commercial vehicles. Trucks will be making deliveries and pickups for the existing industrial uses within the project. The industrial use across the street from the proposed skateboard ranch site informs the Association that up to 40 trucks a day visit its site. That is at least 80 truck trips past the skateboard park from that one use alone. Attracting children on skateboards to such a heavily used street is a recipe for disaster. It will only be a matter of time before a child darts out in front of and is hit by a truck or car. A more likely scenario is a near miss, where a truck or car swerves into opposing traffic to avoid striking a child. 00130123 WPD Although the child's life may be ~pared, the victims of the resulting traffic accident may not be as lucky. In the event one or more of the vehicles involved in such an incident have a payload of chemicals or other volatile material, a spill or rupture could threaten everyone in the vicinity. If so, there will be no safe or sane way to evacuate the children from the skateboard park. 2. Chilling Effect on Existing and Proposed Uses A more subtle, but important, side effect of allowing the skateboard park would be the resulting chilling effect on the ability to operate existing uses, expand existing uses and attract new, high quality light industry. The presence of large numbers of children in the industrial park will impose significant and additional burdens upon the ability to operate an industrial use within the industrial park. Children are highly sensitive recepturs. As a result, emissions standards for uses within the park will tighten, thereby increasing the cost of operation. The presence of children nearby will result in increased internal and external mitigation measures from a host of permitting agencies, including the City, once again increasing the cost of operation. Finally, the increased liability risk discussed above will drive away otherwise attractive uses. The Association has already seen evidence of this chilling effect. Owners have called the Association to complain that allowing the skateboard park will limit their ability to develop their property and/or attract tenants. Other owners have reported to the Association that the presence of the skateboard park will limit their ability to expand existing uses because of the increased regulatory burden. In short, the light, clean industry and resulting employment so desired by the City and its residents will turn away because of the demonstrated problems and difficulties of attempting to operate a business in close proximity to a use heavily visited by children. 3. Conclusion The proposed use is simply incompatible with the existing uses. Under no set of circumstances does it make sense to insert a magnet for unaccompanied and unsupervised children into the heart of an industrial park. No amount of mitigation measures can reduce the liability risk to an acceptable level. Allowing the skateboard park to be installed in the proposed location will drive away existing and potential business and industrial uses. The resulting increase in liability and loss of business if the skateboard park is allowed will be a net loss for the city and its residents. Respectfully submitted by FIORE, RACOBS & POWERS Dennis M. Burke On behalf of Rancho California Business Park Association 00130123 WPD DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY DIRECTOR OF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony J. Elmo, Chief Building Official December 14, 1999 Departmental Report November 1999 PREPARED BY: Carol Brockmeier, Administrative Secretary TOTAL NUMBER OF PERMITS ISSUED ...................................................................188 NSFR ..................................................................................................................56 NCOM .................................................................................................................20 TOTAL VALUATION .....................................................................................$13,680,327 TOTAL NUMBER OF INSPECTIONS PERFORMED (excluding the Mall) ...............491 CODE ENFORCEMENT ACTIONS ...........................................................................1250 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Pete Labahn, Chief of Police December 14. 1999 Monthly Depadmental Report RECOMMENDATION: Attached for City Council's review and filing is the Police Department's Monthly Activity Report for the month of November, 1999. CITY OF TEMECULA POP TEAM MONTHLY ACTIVITY REPORT TO: Lt. Domehoe, cc: Lt. Bates DATE: December 1, 1999 FM: Sgt. Mitch AIm STATION: Southwest (Temecula) FOR MONTH OF: November 1999 Number of Personnel Assigned: 06 Number of Personnel in Training (FTO): 0 Number of Personnel in Program: 06 (6 Officers/1 Community Service Officer) Activity: Number of program Meetings: 24 Number ofselfinitiated calls: 103 Number of felony arrests: 04 Number of assigned calls: 55 Number of citations issued: 96 Number of Misdemeanor arrests: 57 Summary of program activity: 1. Temecula A~ainst Graffiti Program (T.A.G.I: One program was completed on November 12, 1999. Six Volunteers assisted both POP Officers. Results of the program included: No arrests, 0 citations, 06 vehicle checks and 08 pedestrian checks. A new program was initiated to enhance the arrests for vandalism. Use of a billboard, strategically placed by Pubtic Works at key areas for monitoring by POP Team during programs. Two graffiti arrests were made during other other shift hours. 2. Crime Free Multi-Housing Prosram: One complex, Tuscanny Ridge Apartments was certified in November 1999. 16 out of the 24 (66%) city- wide complexes are certified as CFMH. No Annual Re-Certifications were completed in November 1999. Two complexes are in the final stages of the certification process. 3. Proactive Vehicle Enforcement Program: One program was completed on November 18, 1999. Results included: 37 citations, 04 towed vehicles, 14 juveniles contacted/cited for 308b PC. 4. Off-Road Vehicle Enforcement Program 529 CO.: Two programs were completed in November 1999 concentrating on Butterfield Stage, the Silverhawk and Pauba/Anza. Participants included, 02 Reserve Officers, 04 Posse Members and one POP Officer. Results: 02 cites for 529 Co., 03 parking cites and 22 warnings. 5. Every 15 Minutes Prod, ram: Program dates have been set for March 1 and 2, 2000. Location will be the Temecula Valley High School. Cooperation and approvals have been gained with ABC, TVUSD, Temecula City Hall, CDF, AMR, Inland Valley regional Hospital, RSO Coroners Office, Mercy Air and Embassy Suites Hotd of Temecula. Event committees have been formed and are proceeding with individual goals. Summary of projected programs for next month: 1. T.A.G. / 529CO. / Proactive Vehicle Enforcement Program: Scheduled for December 1999. 2. Mall Bike Decoy Program: Scheduled for December 10, 1999. Reviewed by , Station Commander I APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mike Brown, City Fire Chief December 14, 1999 Monthly Departmental Report RECOMMENDATION: Attached for City Council's review and filing is the Fire Department's Monthly Activity Report for the month of November, 1999. Temecula Fire Services Monthly Activity Statistics Emergency Activity Structure Fires Vehicle Fire Vegetation Fires Other Fires Medical Aids Traffice Collisions False Alarms Fire Menace Standbys Public Service Assists Assists and Covers Totals: Month: November Year: 1999 Sta. 12 Sta. 73 Sta. 83 Sta. 84 Total 12 10 7 4 33 3 0 2 I 6 9 4 1 3 17 4 9 3 4 20 54 58 40 51 203 16 0 5 19 40 15 10 1 8 34 8 1 1 2 12 2 4 5 6 17 6 11 2 10 29 129 107 67 108 411 Fire Prevention Community Activities School Programs Fairs and Displays Company Inspections LE-38 Doeryard Inspections Fire Investigations Burning Permits issued Preplans Totals: Sta. 12 Sta. 73 Sta. 83 Sta. 84 150 10 11 171 0 5 23 1 0 29 Total 0 0 5 173 10 0 12 0 200 By: H. Windsor Date: 12/06/99 Form B15~1 (4/99) Temecula Fire Services MEDIC SQUAD 84 MONTHLY RESPONSE SUMMARY November 1999 Total Runs for the month: 192 · Medical Aids 127 · Traffic Collisions 35 · Public Service Assists 4 · Fire Menace Standby's 1 · Stnmce Fires 12 · Ringing Alarms 10 · Vegetation Fires 1 · Vehicle Fires 2 Average response time 5.47 minqtes Longest response time 11 minutes Medic Squad Canoeled Prior to Patient Contact: 69 (46 times en-route, 23 times on-scene) Medical Aid Responses with Medic Squad 84 on scene prior to AMR: 48 times Performed Advanced Life Support prior to the arrival of AMR: 17 times Public Education Programs Medic Squad 84 helped instruct the second C.E.R.T. Program at Guidant. Comments: The Medic Squad responded to a total of 192 calls in the month of November. The following information pertains only to calls that were medical aids or traffic collisions, The Medic Squad responded to a total of 162 medical aid and tra~sc collision calls in the month of November. Of calls of those two natores, the Medic Squad was cancelled 58 times, or of the time~ The Medic Squad arrived on-seene prior to AMR 48 times or 29% of the time, Of those calls, AI~ interventions were initiated 17 times. AMR typically arrived on-scene within 3.8 minutes after the arrival of the Medic Squad. On 2 instances AMR arrived more than 10 minutes after the Medic Squad had made patient contact. The Medic Squad has had 6 responses greater than or equal to 10 minutes. The longest of these responses was 11 minutes. These times are still consistently occurring on ruponses into the areas served by Stations 73 and 83. There was a generalized decrease in call volume in the mouth of November and a s~ght overall increase in response time~ This, and all other variations from the data complied in October, does not appear to be statistically sigRificonL APPrOVAl CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council December 14, 1999 Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of November, 1999. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report November/December 1999 Submitted by: William G. Hughes Date: December 14, 1999 PROJECTS UNDER CONSTRUCTION 1. 1-15 Southbound Auxiliary Lane at Winchester Road Construction on this project is complete. Final walkthough was done on December 8, 2. 1-15 Southbound Auxiliary Lane at Rancho California Road Construction on this project is complete. Final walkthough was done on Decereber 8. 3. 1-15/Overland Drive Overcrossing Improvement The Overland Bridge is now open for through traffic. Stage 3 of Jefferson Avenue improvements ks about 99% complete. Work remaining includes minor irrigation & landscaping and change order work. Southem California Edison will mobilize to coreplete the steel pole installation the second week of Deenreber. 4, Paia Road Bridge The placement of the underground utilities in Stage 1 is complete. Construction of the bridge is also complete. The construction of the barriers and the sidewalk continue. A proposed sewer line for the Pechanga Development Corporation has been included in the construction adding a month to the schedule. Bridge opening is expected in mid February. 5, Traffic Signals Installation on Margarita Road at Pio Pico Road and at Pauba Road Conswuctiun on these two signals has started. Lane widening on Pauba Rd. completed. Remaining traffic signal work nearing completion, Turn on for the Panba Road signal is scheduled for December 16, 1999. Underground work on Pio Pico will begin upon completion of work at Pauba. Completion is scheduled for January 2000. 6. Santa Gertrudis Creek Bike Trail Underflossing at Winchester Road (Hwy. 79 North) Constxuction on this project is complete. The missing link of the bike path at Winchester road has been constructed. A bike path undercrossing (under Winchester Road) is in place now'. 7. Street Name Sign Replacement - Phase I Work on this project is complete. A punchlist was given to the contxaetor and he has completed 80% of it. Therest of the punchlist items should be completed by the second week of Daccmber. 8. Butterfield Stage Park Improvements Construction is almost complete. The remaining work consists of the placement of the backboard and net, along with court striping. PROJECTS IN DESIGN 1. Pavement Management System This project will provide street rehabilitation of Jefferson Avenue from the northerly City limits to Rancho California Road and on Winchester Road from Jefferson Avenue to Diaz Road. This project will also include the installation of streetlights along the entire length of Jefferson Avenue. Staff has determined that the rehabilitation of Winchaster Road, fxom Jefferson Avenue to Diaz Road een be done as a separate pmjea. Work on Jefferson would be delayed until construction of Ove~end is complete. The specifications to rehabilitate Winchester Road is complete and the project is ready to be advertised for bids. Caltrans approval the project and funds were appropriated on Nov. 22, 1999. In addition, a geotechnieal firm is being hired to perform limited soils testing to determine if extensive pavement removal and replacement would be required. The Winchester portion of this project is in the process of being advertised for bids. 2. Old Town Southside Parking Lots This project consists of two proposed parking loB. One will be located on the west side of Front Street just north of Second Street, and the other lot is located on the south side of Fourth Street wast of Front Street. The project is currently being designed in-house. A landscape architect and an electrical consultant are being utilized to do the specialty work. The design for the Second Street parking lot is being fmalized. Design for Fourth Street Parking Lot is on hold. 3. Diaz Road Realignment The consultant presented to the City two different alignments for Diaz as it is approaching Rancho California Road. Staff reviewed the available three alignment choices (one from a previous study) and gave the consultant direction on the preferred alternative. The consultant submitted 30% completed plans the week of November 8m based on staff direction. Staff is currently reviewing the preferred alignment for traffic circulation end fight-of- way impacts. 4. Margarita Road Widening, Pauba Road to Dartolo Road Staff received 30% completed plans late October. A number of issues were addressed with the consultent The design is moving forward. A second submittal for plan checking is scheduled for December 20, 1999. 5. Santa Gertrudis Bridge Widening at 1-15 This is Phase I1 of the Southbound Auxiliary Lane at Winchester Road project. This project will widen the 1-15 southbound off-ramp at the Santa Gertrudis Creek Bridge to provide for an additional lane from the fleeway to just north of Winchester Road. The design consultant expects to submit 1~t plan check by mid December. 6. Traffic Signals Design at Pala Road and Loma Linda and at Pain Road and Wolf Valley A contract with the consultant has just been approvet[ The design of the two signals will be completed in January. 7. Pala Road Improvements - Phase II (79 South to Pechanga Road) An agreement with DMJM for the design of this project was approved by the City Council at the November 16, 1999 meeting. A kick off meeting is being scheduled. 8. North General Kearney ~ La Colima Sidewalk, Curb & Gutter Street Improvements This project will install approximately 600' of curb, gutter and sidewalk at the westerly comer of North General Keamcy and La Colima. 9. Avenida De La Reina Drainage Improvements ~ Carte Aragon Park Staff is investigating alternatives to fix a drainage problem at this location. A cost estimate will be calcul~t__-cl_ for each alternative and the most appropriate solution will be designed and implemented. 10. Sports Park Tot Lot Equipment Replacement This project will replace the tot lot eqt~pment at the Rancho California Sports Park. Preliminaxy Plans have been reviewed by staff and the consultant will be submitting the final Plans, Specifications and Engineces Cost Estimate. Project will be advertised and bid in January 2000. 4 R:~ion~lyActivityRepoft\CIP\99~Novemb~r TO: FROM: ~/1 DATE: SUBJECT: MEMORANDUM Bill Hughes, Director of Public Works/City Engineer Brad Buron, Maintenance Superintendent December 6, 1999 Monthly Activity Report - November, 1999 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of November, 1999: SIGNS A. Total signs replaced 7 B. Total signs instafied 36 C. Total signs repaired 8 II. TREES A. Total trees tdmmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C, repairs B. Total Tons 7~029 96 IV. VI. CATCH BASINS A. Total catch basins cleaned RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. STENCILING A. 178 New and repainted legends B. 255 L.F. of new and repainted red curb and striping 8 46,074 31 2,001 Also, City Maintenance staff responded to 40 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter ramoval, and catch basin cleanings. This is compared to 39 service order requests forthe month of November, 1999. The Maintenance Crew has also put in 131 hours of overtime which indudas standby time, special events and response to street emergendes. The total cost for Street Maintenance performed by Contractors for the month of November. 1999 was $31~286.00 compared to $86~138.58 for the month of October. t999. Account No. 5402 $ t2,60t.00 Account No. 5401 $ 24,685.00 Account No. 999-5402 $ - 0 - Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer - (CIP/Traffic) Greg Butler. Senior Engineer - (Capital Improvements) Amer Attar, Senior Engineer - (Capital Improvements) Jerry Alegda, Senior Engineer - (Land I::)evelopment) °°~ °°8 °8 ~ ~°~8 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of November, 1999 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR: Date: 11/01/99 # 5401 BECK~R ENGINEERING JOHN WARNER ROAD AT CABPJLLO AVENUE IMPROVEMENTS TO EXISTING DRAINAGE STRUCTURE Date: 11/17/99 # 5402 CITYWIDE TOTAL COST $24,685.00 SAW CUTTING FOR CITY CREW A.C. PATCH TRUCK CONTRACTOR: Date: 11/99 # 5402 WEST COAST ARBORISTS CITYWIDE R.O.W. TREE TRIMMING TOTAL COST TRIMMED 252 R.O.W. TREES REMOVED 3 R.O.W. TREES $4,990.00 Date: TOTAL COST $ 7,611.00 TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT 099-5402 TOTAL COST $ 24~685.00 $12~601.00 DATE 11/05/99 11/05/99 11/05/99 11/08/99 11/15/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF NOVEMBER, 1999 LOCATION 45520 CLASSIC WAY 43090 CORTE SALAMANCA 42195 ROANOAKE STREET SOUTHERN CROSS AT MOONTIDE COURT RANCHO CALIFORNIA ROAD AT YNEZ ROAD WORK COMPLETED CLEANED & CHECKED 1 CATCH BASINS CLEANED & CHECKED 1 CATCH BASINS CLEANED & CHECKED 2 CATCH BASINS CLEANED & CHECKED 2 CATCH BASINS CLEANED & CHECKED 2 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 8 DATE 11/02/99 11/08/99 11/08/99 11/09/99 11/18/99 11/18/99 I 1/29/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF NOVEMBER, 1999 LOCATION /EFFERSON STREET NORTH OF RANCHO CALIFORNIA ROAD SOUTHERN CROSS AT MOONTIDE COURT 31373 PASEO GOLETA VIA VELEZ PUJOL STREET CITY LOT PURBA ROAD AT LA PRIMAVERA RANCHO VISTA AT AVENIDA DE LA REINA WORK COMPLETED TRI/VlMED 27 R.O.W. TREES TRIMMED 1 R.O.W. TREES TRIIVl]VlED 2 R.O.W. TREES TRIMMED I R.O.W. TREES TRIMMED 1 R.O.W. TREES TRIIvhMED 1 R.O.W. TREES TRIMMED I R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 34 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF NOVEMBER 1999 DATE 11/02/99 11/08/99 11/15/99 11/22/99 11/29/99 LOCATION JEFFERSON AVENUE NORTH OF RANCHO CALIFORIA ROAD ABATED 44823 TROTSDALE DRIVE ABATED RANCHO CALIFORNIA ROAD ABATED MARGARITA ROAD AT BUTTERFIELD STAGE ROAD ABATED JEFFERSON AVENUE NORTH OF RANCHO CALIFORNIA ROAD ABATED WORK COMPLETED 400 S.F.R.O.W. WEEDS 160 S.F.R.O.W. WEEDS 10 S.F.R.O.W. WEEDS 17,844 S.F.R.O.W. WEEDS 27,660 S.F.R.O.W. WEEDS TOTAL S.F. R-O-W WEEDS ABATED 46~074 i DATE 11/03/99 11/04/99 11/08/99 11/09/99 11/10/99 11/15/99 11/16/99 11/17/99 11/18/99 ' 8/99 t ~/18/99 11 / 18/99 11/18/99 11/23/99 11/29/99 11/30/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DMSION ASPHALT (POTHOLES) REPAIRS MONTH OF NOVEMBER, 1999 LOCATION SCOPE OF WORK RAINBOW CANYON ROAD MARGARITA ROAD AT DE PORTOLA MARGARITA ROAD AT DE PORTOLA MARGARITA ROAD AT DE PORTOLA MARGARITA ROAD AT DE PORTOLA 42277 AGENA STREET RANCHO CALIFORNIA ROAD AT BAHIA VISTA CABRILLO AT JOI-rN WARNER CABRILLO AT JOHN WARNER CABRILLO AT JOHN WARNER DIAZ ROAD AT RIO NEDO DIAZ ROAD AT SARAH NEDO 27711 DIAZ ROAD 150' SOUTH OF WINCHESTER JOHN WARNER ROAD 30260 CABRILLO RAINBOW CANYON ROAD OVERLAY A.C. R&R A.C. R&R A.C. OVERLAY A.C. OVERLAY A.C. R&R A.C. R&R A.C. AC FLOW LINE AC FLOW LINE AC BERM TEMP. AC POTHOLE TEMP. AC POTHOLE TEMP. AC POTHOLE A.C. BERM R&R A.C. OVERLAY A.C. S.F. 840 241 198 1,056 862 418 175 1320 562} } 210 LF} 2 4 6 229 362 544 TOTAL TONS 3.5 3.5 5.5 4.5 5.5 11.5 6.5 20.5 17.5 6 6 5.5 TOTAL S.F. OF REPAIRS TOTAL TONS 7,029 96 DATE 11/01/99 11/01/99 11/01/99 11/01/99 11/02/99 11/04/99 11/04/99 11104199 11/05/99 I 1/08/99 11/08/99 11/09/99 I 1/09/99 11/09/99 11/09/99 11/09/99 I I / 10/99 I l / 10/99 11/10/99 I 1/10/99 1 l/I 2/99 I 1/12/99 I 1/14/99 l 11599 I l/l 5/99 11/16/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITIREMOVAL MONTH OF NOVEMBER, 1999 LOCATION VIA LA VIDA AT VIA RENATE 29764 VIA LA VIDA VIA LA VIDA AT SOLANA WAY 30151 RANCHO VISTA ROAD RANCHO VISTA AT VIA TORENO DE PORTOLA AT VIA SABINO DE PORTOLA AT BUTTERFIELD STAGE ROAD MERVYN'S FELIX VALDEZ AT ANTIQUE STORE PUJOL AT SIXTH STREET 28790 PUJOL WINCHESTER ROAD AT SANTA GERTRUDIS VONS ON WINCHESTER ROAD PUJOL AT MAIN STREET PUJOL AT BOYS & GIRLS CLUB SPORTS PARK MARGARITA AT OVERLAND 41975 4TM STREET 28581 OLD TOWN RANCHO VISTA ROAD EAST OF MIRA LOMA SPORTS PARK VIA LA VIDA AT RENATE MARGARITA ROAD AT OVERLAND DRIVE YNEZ ROAD AT TOWN CENTER AVENIDA DE MISSIONS AT VIA RIO TEMECULA 6TM AT MERCEDES WORK COMPLETED REMOVED 4 S.F. OF GRAFFITI REMOVED 4 S.F. OF GRAFFITI REMOVED 4 S.F. OF GRAFFITI REMOVED 450 S,F. OF GRAFFITI REMOVED 4 S.F. OF GRAFFITI REMOVED 5 S.F. OF GRAFFITI REMOVED 8 S.F. OF GRAFFITI REMOVED 20 S.F. OF GRAFFITI REMOVED 78 S.F. OF GRAFFITI REMOVED 84 S.F. OF GRAFFITI REMOVED 72 S.F. OF GRAFFI' ~' REMOVED 8 S.F. OF GRAFFIIi REMOVED 33 S.F. OF GRAFFITI REMOVED 8 S.F. OF GRAFFITI REMOVED 7 S.F. OF GRAFFITI REMOVED 56 S.F. OF GRAFFITI REMOVED 2 S.F. OF GRAFFITI REMOVED 28 S.F. OF GRAFFITI REMOVED 31 S.F. OF GRAFFITI REMOVED 375 S.F. OF GRAFFITI REMOVED 9 S.F. OF GRAFFITI REMOVED 40 S.F. OF GRAFF1TI REMOVED 6 S.F. OF GRAFFITI REMOVED 4 S.F. OF GRAFFITI REMOVED 184 S.F. OF GRAFFF REMOVED 85 S.F. OF GRAFFI't DATE 11/17/99 11/24/99 11/24/99 11/24/99 I 1/29/99 LOCATION 79 SO. 500' SOUTH OF BUTTERFIELD STAGE ROAD MEADOWS AT WINCHESTER ROAD 27250 MADISON MAIN STREET BRIDGE 29740 RANCHO CALIFORNIA ROAD WORK COMPLETED REMOVED REMOVED REMOVED REMOVED REMOVED 25 S.F. OF GRAFFITI 65 S.F. OF GRAFFITI 10 S.F. OF GRAFFITI 290 S.F. OF GRAFFITI 4 S.F. OF GRAFF1TI TOTAL S.F. GRAFFITI REMOVED 2,007 TOTAL LOCATIONS 31 < <> z I- s + .( DATE 11/01/99 11/02/99 11/09/99 11/10/99 11/16/99 11/30/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF NOVEMBER, 1999 LOCATION AREA #2 SAM HICKS PARK AREA #2 AREA #2 RANCHO CALIFORNIA ROAD ~ 1-15 30300 CABRILLO WORK COMPLETED REPAINTED REPAINTED REPAINTED REPAINTED PAINT DOUBLE YELLOW & HASH MARKS INSTALLED 60 LEGENDS I0 LEGENDS 70 LEGENDS 36 LEGENDS 255 LN. FT. 2 LEGENDS TOTAL NEW & REPAINTED LEGENDS 178 NEW & REPA1NTED RED CURB & STRIPING L.F. 255 DATE RECEIVED 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 11/02/99 11/02/99 11/02/99 I I/02/99 11/02/99 11/03/99 11/03/99 11/03/99 11/03/99 11/04/99 11/05/99 I 1/05/99 11/08/99 11/08/99 11/09/99 11/09/99 11/12/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF NOVEMBER, 1999 LOCATION REQUEST RUNNING WATER POTHOLES STANDING WATER PIPE EXPOSED FOUL SMELL CATCH BASIN CLEANING CATCH BASIN CLEANING POTHOLE FOUL SMELL DUST CONTROL SIGN MISSING CHANNEL CLEANING TREE TRIMMING TREE TRIMMING TREE DYING DUST CONTROL A.C. BERM REPAIR POTHOLES TREE TRIMMING DEBRIS PICK-UP TREE TRIMMING DRAINAGE CONCERN GRAFFITI SIGNAL REPAIR SKATEBOARD RAMP 30964 LOMA LINDA 39195 LIEFER ROAD 44534 LA PAZ 29001 YNEZ 42721 LAS VIOLETTAS COURT 45520 CLASS1C WAY 43090 CORTE SALAMANCA 30089 MIRA LOMA LA PAZ AT HWY 79 SO. 31073 DEL REY ROAD WINCHESTER ROAD AT YNEZ ROAD 40501 CALLE MEDUSA 45344 TOURNAMENT LANE 45292 TOURNAMENT LANE 33439 CORTE MANGARINO 32259 VIA FLORE 40517 CARMELITA CIRCLE 44780 CUPA LANE 45571 CLASSIC WAY PAUBA ROAD V1A VELEZ AT VIA ALTURUS 42176 LYNDIE LANE 38581 OLD TOWN FRONT STREET RANCHO CALIFORNIA ROAD AT GARDEN APTS. 27050 FALLING CREEK COURT DATE WORK COMPLETED 11/01/99 11/01/99 11//01/99 11/01/99 11101/99 11/05/99 11/05/99 11/02/99 11/02/99 11/02/99 11/02/99 11/02/99 11/02/99 11/03/99 11/03/99 11/03/99 11/03/99 11/04/99 11/05/99 11/05/99 11/08/99 11/08/99 11/09/99 11/09/99 11/12/99 DATE RECEIVED 1 / 15/99 11/16/99 11/17/99 I 1/17/99 11/17/99 11/19/99 11/19/99 I 1/22/99 11/23/99 I 1/23/99 11/2999 11/29/99 11/29/99 I 1/29/99 f ,11/30/99 LOCATION 6rd AT MORENO 32928 PATEMO STREET 45571 CLASSIC WAY BUTTERFIELD STAGE AT RANCHO CALIFORNIA PASEO BRILLIANTE AT VIA PUESTA DEL SOL VIA RAMI AND VIA CAMPANARIO 45362 ZUMA DRIVE 43085 SHOWWALTER ROAD 31005 DEL REY 29800 CAMINO DEL SOL 31622 LOMA LINDA ROAD 27503 SENNA COURT 31320 VIA EDUARDO 43185 CORTE ALMONTE SOUTH GENERAL KEARNY ROAD REQUEST TREE TRIMMING TREE TREE DEBRIS STREET NAME SIGN STREET SIGN REPAIR TREE TRIMMING GRADING CONCERN SWEEPER CONCERN SWEEPER CONCERN TREE REMOVAL TREE REMOVAL USA MARKING TREE TRIMMING DRAINAGE CONCERN DATE WORK COMPLETED 11/15/99 11/17/99 11/17/99 11/18/99 I I/18/99 11/19/99 11/19/99 11/22/90 I 1/23/99 I I/23/99 11/29/99 11/29/99 11/29/99 11/29/99 11/30/99 TOTAL SERVICE ORDER REQUESTS 4O DATE 11/02/99 11/04/99 11/04/99 I I/08/99 11/08/99 11/09/99 11/12/99 11/12/~) 11/12/99 11/16/99 11/17/99 11 / 18/99 11/18/99 11/18/99 11/18/99 11/22/99 11/24/99 11/29/99 I 1/29/99 11/30/99 11/30/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF NOVEMBER, 1999 LOCATION RANCHO CALIFORNIA ROAD AT 1-15 BRIDGE MARGARITA AT NORTH GENERAL KEARNY RANCHO VISTA ROAD AT SOUTHERN CROSS RANCHO CALIFORNIA RD. AT FRONT STREET MARGARITA AT SANTIAGO MARGARITA AT SANTIAGO VIA LA VIDA AT MARGARITA OVERLAND - YNEZ TO/EFFERSON PUJOL AT 6TM MARGARITA SO. OF MORAGA (TUSCANY APTS) PALA ROAD SOUTH OF 79 SO. VIA CUESTA AL SOL AT VIA PUESTA DEL SOL PASEO BRILLANTE AT VIA PUESTA DEL SOL AVENIDA SONOMA AT CORTE SAN LUIS CABRILLO AT JOHN WARNER ROAD PAUBA AT VIA RAMI RANCHO CALIFORNIA ROAD AT TEMECULA GARDEN APARTMENTS VIA RAMI AT VIA CAMP RANClIO CALAIFORNIA ROAD AT YUKON 30300 CABRILLO FIRE STAT1ON #12 INSTALLED INSTALLED INSTALLED REPLACE INSTALLED INSTALLED INSTALL REMOVE INSTALL INSTALL INSTALL INSTALL STRAIGHTEN INSTALL INSTALL REPLACED REPLACED REPLACED REPLACED INSTALLED INSTALLED WORK COMPLETED R-17 &R-34 R-7 TYPE N, TYPE K 2 R~2-25 R-10 "T.C." TYPE "P" 2 CARSONITES 3 CARSONITES NAME SIGNS R-20B-(2), R-31 (4) NO TRESPASSING SIGNS (11) TEMECULA CRIME FREE SIGNS R-61-9 (I) BLUE RPM (1) STREET NAME SIGN (2) BLUE REM (1) BLUE RPM (1) R-26 T.C. 2 TYPE P R-I T.C. R-7 TYPE "K' T.C. 2 R-2 "35" 2 SPECIALTY SIGNS TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED 7 36 8 ITY APPRO~2/'~ C ATTORNEY DIRECTOR OFFIN CITYMANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Gary Thornhill, Deputy City Manager DATE: December 14, 1999 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department in the month of November, 1999. CURRENT PLANNING ACTIVITIES New Cases The Division received 39 new applications for administrative, other minor cases and home occupations and 3 new applications for public hearings during the month of November. The new public hearing cases are as follows: General Plan Amendment 1 Development Plan 2 Pre-appfications JD Imports - To build a 18,360 square foot industrial building located at 42409 Winchester Road. Received in October, 1999. A pre-application meeting was held on November 18, 1999. Retail Speculative Building - To build a 8,240 square foot retail speculative building located on Parcel R on Ynez Road in the Promenade Mall. A pre-application meeting was held on November 18, 1999. Hometown Buffet - To build a 8,356 square foot restaurant located on the northeast corner of Margarita Road and Campos Verdes Lane. Received in November, 1999. Pre~ application meeting was held on December 2, 1999. St. Thomas Episcopal Church - Proposed church with parish hall and classrooms totaling 22,557 square feet located on the southeast corner of Rancho Vista and Ynez Road. Received in November, 1999. A pre-application meeting will be held in December, 1999. \\TEMEC_FS101~VOL1\DEPTS\PLANNING\MONTHLY.RpTH999~november 99.doc 1 Status of Fast Track Proiects The City's award-winning Fast Track process provides a way for major businesses relocating to or expanding in Temecula to get their facilities constructed and occupied in the shortest possible time. The current Fast Track projects are as follows: Burkey Machine & Tool - Development Plan for new 16,000 square feet machine and tool facility with 27 employees at the northeast comer of Winchester Road and Colt Court. The project is nearing completion. Status of Maior Proiects Staff is working with project applicants to address any remaining issues and get the following cases ready for public hearing before the Community Development Director or Planning Commission: Rancho Community Church expansion on Vallejo Avenue. The project is still on hold, as the applicant is looking at other options for their development. The applicant will be meeting with staff in early Decamber to discuss potential options. Tentative Parcel Map 28627, the Margarita Canyon Property. Planning Commission hearing was scheduled for October 20, 1999, and continued to the November 3, 1999 Planning Commission meeting. The project was continued to the December 8, 1999 Planning Commission meeting. Wolf Valley Specific Plan and Environmental Impact Report - A community meeting was held on August 17, 1999. A Planning Commission Workshop was held on September 1, 1999. The EIR was circulated for public review and comment in the month of October, 1999. Tentative Planning Commission date is February, 2000. Rodpaugh Ranch Specific Plan and Environmental Impact Report: A Planning Commission Workshop was held on June 30, 1999. Project is on hold pending review and report by the Ad-hoc Committed appointed by the City Council. The Ad Hoc committee met on November 16, 1999 and determined that more information regarding the formation of an Assessment District was needed. Tentative Parcel Map 29162 - Subdivide 48 acres into eight industrial parcels and one open space lot located at Winchester Road and Dendy Parkway. Development Review Committee meeting was held June 10, 1999. Awaiting revised traffic study and resubmittal. Temecula Valley RV - Conditional Use Permit for Recreational Vehicle, Truck and Auto Sales and Rentals located at 27941 Jefferson Avenue. Approved at Director's Hearing on November 4, 1999. Tentative Tract Map 29286, General Plan Amendment and Zone Change - Subdivision of 9.75 acres into 40 single family residential lots and two open space lots, a General Plan Amendment to change the current land use classification of "SP" (Specific Plan) to LM (Low Medium Density Residential) and a zone change to change the zoning classification from "SP" (Specific Plan) to LM (Low Medium Density Residential) located on the southeastcorner of Margarita Road and Date Street. Development Review Committee meeting was held on July 15, 1999. Planning Commission date is December 8, 1999. David Smith, DDS - A request for the development of a 9,983 square foot medical office complex capable of being converted to medical office condo units located on the south side \\TEMEC_FS101\VOL1~DEPTS\PLANNING'~IONTHLY,RP'i~1999~nOvember 99.doc 2 'k of Roripaugh Road, west of Winchester Road. Development Review Committee meeting was held on August 12, 1999. Approved at Director's Hearing on November 24, 1999. Tim Shook Company, Inc. (PA99-0277) - The design, construction and operation of a 13,064 square foot speculative commercial building on the north side of Buecking Drive, approximately 150 feet west of the intersection of Madison Avenue and Buecking Drive. Development Review Committee meeting was held on August 12, 1999. Staff is reviewing re-submittal. Planning Commission pending in January, 2000. Tim Shook Company, Inc. (PA99-0278) - The design, construction and operation of a 13,064 square foot speculative commercial building on the north side of Buecking Drive, approximately 150 feet west of the intersection of Madison Avenue and Buecking Drive. Development Review Committee meeting was held on August 12, 1999. Staff is reviewing re-submittal. Planning Commission pending in January, 2000. Meadowview Golf Course - The design, construction and operation of an 18 hole public golf course with clubhouse, cart barn, maintenance and other accessory buildings and an equestrian trail park located on 297 acres south of Nicolas Road, north of Del Rey Road, east of Margarita Road and west of Calle Medusa, within the Meadowview Community. Development Review Community. Development Review Committee meeting was held on August 19, 1999. Staff is awaiting additional studies and plan re-submittal. Temecula Village - The proposal is for a General Plan Amendment, Planned Development Overlay zone and Parcel Map for 23 acres located on the south side of Rancho California Road, between Moraga Road and Cosmic Drive. Staff is awaiting re-submittal. Temecula Ridge Apartments - The design and construction of 266 apartment units on 22.21 acres on the south side of Rancho California Road, east of Moraga Road. Staff is awaiting re-submittal. Temecula Gas Station and Car Wash - To construct and operate a self-serve gas station and drive-thru car wash facility located on the southwest corner of the intersection of the proposed Western Bypass and Front Street. Project is on hold pending outcome of Margarita Canyon Map. Del Taco - The design and construction of a Del Taco Restaurant with drive~thru services in the Winchester Meadows Center on the northeast corner of Winchester Road and Margarita Road. Director's Hearing is pending for December, 1999. Quaid Harley Davidson -The design, construction and operation of a 17,371 square foot Harley Davidson motorcycle dealership with sales and repairs located on the north side of Front Street, approximately 1,800 feet west of the Interstate 15 Freeway on-ramp. Staff is awaiting re-submittal, Costco Relocation - The design, construction of a 152,000 square foot wholesale retail warehouse and associated gasoline station situated on a 16.24 acre site located on the northeast comer of Ovedand Drive and Ynez Road. DRC meeting was held on October 6, 1999. Approved by the Planning Commission on November 17, 1999. Christ the Vine Church - To design, construct and operate a 6,258 square foot church, 643 square foot two car garage, 7,499 square foot day school and 5,628 square foot fellowship \\TEMEC_FS101\VOL1\DEPTS\PLANNING\MONTHLY.RPT~1999~november 99.doc 3 hall on 2.62 net acres located on North General Keamy Road and Margadta Road. Second DRC meeting was held on October 7, 1999. Access issues to be resolved. Awaiting re- submittal. Pad D Retail Building (Mall Outlot) - To design, construct and operate a 6,744 square foot retail building for multiple tenants on the south side of Winchester Road, east of Ynez Road on Outlot D of the Promenade Mall. DRC meeting was held on October 7, 1999. Staff is awaiting re-submittal. Pad C Retail Building (Mall Outlot) - To design, construct and operate a 15,783 square foot retail building for multiple tenants on the south side of Winchester Road, east of Ynez Road on Outlot C of the Promenade Mall. DRC meeting was held on October 7, 1999. Staff is awaiting re-submittal. Saturn - To construct new car dealership on 2.61 acres on the east side of Ynez Road, south of Solana Way. DRC meeting was held on October 7, 1999. Planning Commission is scheduled for December 15, 1999. Ultra Mar Gas Station - To build a 5,000 square foot gas station and convenience store with fast food located on pad "E" along Winchester Road, east of Ynez Road on Outlot E of the Promenade Mall. DRC meeting was held on October 21, 1999. Staff is awaiting re- submittal. Provident Savings Bank - To construct and operate a 3,000 square foot Provident Savings Bank with ddve-thru services in the Winchester Meadows Shopping Center located on the northeast corner of Winchester Road and Margarita Road. DRC meeting was held on October21, 1999. Staff is awaiting re-submittal. Hunco Development - To develop a 1.02 acre site in the Light Industrial Zone with a one story, 18,080 square foot, tilt-up concrete speculative industrial building located at 42655 Rio Nedo. DRC meeting was held on October 21, 1999. Staff is awaiting re-submittal. 79 South Medical Plaza, LLC - To develop 2.28 acres of vacant land in the Highway Tourist Commercial (HTC) zone with a 21,151 square foot medical office building located on the north side of Highway 79, west of the intersection of Margadta Road and Highway 79. DRC meeting was held on October 28, 1999. Staff is awaiting re-submittal. 79 South Medical Plaza, LLC - To subdivide 3.42 acres of vacant land in the Highway Tourist Commercial (HTC) zone into two parcels located on the north side of Highway 79, west of the intersection of Margadta Road and Highway 79. DRC meeting was held on October 28, 1999. Staff is awaiting re-submittal, Car Spa - To build a car wash tunnel with attached retail store and post wash canopy, an open pit designed for oil changes and a fueling station with canopy located at the southwest entrance of the Promenade Mall on Ynez Road. DRC meeting was held on October 28, 1999. Staff is awaiting re-submittal. Childtime Children's Center - To develop a .978 acre of vacant land within the C-A zone with a 8,000 square foot building to be utilized as a child care center located at the northeast comer of the intersection of Margadta Road and Verdes Lane. DRC meeting was held on October 28, 1999. Parking requirements need to be addressed. Staff is awaiting re-submittal. \\TEMEC_FS101~VOL1\DEPTS\PLANNING'JVlONTHLY.RP~1999~nOvember99.doc 4 Davcon Development - To operate a motorcycle sales, service and assembly establishment in an existing 16,840 square foot building located at 42265 Winchester Road. Approved at Director's Headrig on November 24, 1999. Hilton Garden Hotel - To construct a 100 unit hotel on 1.38 acres located on the westerly side of Rancho Highland Drive, westerly of Ynez Road. DRC meeting was held on November 4, 1999. Staff is awaiting re-submittal. Holiday Inn Express - To construct a 137 room hotel located on the northeast quadrant of Jefferson Avenue and Rancho Calfornia Road. DRC meeting was held on September 23, 1999. Planning Commission is scheduled for December 15, 1999. Small Business Assistance Captain's Cabin Restaurant Expansion: Advised owner, Mr. Don Manderscheid, of planning approvals and building permits required for new outside seating and patio area Old Town Plaza: Briefed owners of property on what options are available to them for removal and replacement of diseased trees. Reported on findings of landscape architect Mike Elliott who made a site visit to this shopping center. Dr. Farrod Ahmad: Helped this tenant improvement applicant for a dental office in the Zonos Center with plan check timelines and procedures. Intervened on his behalf in obtaining EMWD clearance and completing requirements for his building permit. Mad Madeline's: Expedited application for expansion of an outside patio dining area and remodel of a bathroom. Downs Oil Company: Completed research and had consultations with the City Attorney in order to help applicant obtain desired signage for his new business. Palomar Inn Bed and Breakfast: Planning and Redevelopment staff met with the architects of this project regarding preliminary building elevations, site plans and sign designs, Arce Gas Station Signs: Provided information to the architectural firm handling the new sign program for these businesses, Conducted research regarding past approvals. Special Events Permits Inland Empire Race for the Cure: Staff helped applicant obtain a Special Event Permit for road closures necessary for this event to be held at the Promenade Mall on November 13th. Meetings were held with the organizers, Public Works, Police and Fire in order to iron out all the details. Sports Chalet: Aided applicant in obtaining clearances from City of Temecula departments for a Temporary Use Permit (grand opening event) in less than two weeks. Spin City Records: Held preliminary discussions pertaining to future outdoor concerts. Advised owners of concerns expressed by the City of Temecula Police Department. \\TEMEC_FS101WOL1\DEPTS\PLANNING\MONTHLY.RPT~1999~Ovember 99.doc 5 Special Projects & Long Range Planning Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities are as follows: Housing Element Update: The City has received a draft of the City's Regional Housing Need Assessment obligations and staff has provided corrections to the text.. The consultant is making the corrections and will report back to staff with the final draft results of where the City stands in relation to the programs contained within the existing Housing Element. A preliminary meeting date in January is planned to inform the City Council of the results. Subsequent Environmental Impact Report for the City Redevelopment Plan: The consultant has gathered much of the information needed to begin preparation of the Draft EIR. The Circulation Element traffic study was transmitted to the consultant for use in completing the Draft EIR. General Plan Circulation Element Update: The revised traffic study has been received and will be circulated to the Subcommittee members for their final comments once staff has had a chance to perform a final check. Preparation of the draft environmental impact report is being finalized. Public consideration before the Traffic & Safety and Planning Commissions should begin in January. Traditional Neighborhood Development Ordinance: Final changes are being made prior to scheduling this item for a Planning Commission workshop. Vail Ranch Annexation Study: Following the election, a number of residents from the Vail Ranch area contacted the City and requested that their area be annexed to the City. Staff has contacted the City Attorney and LAFCO about this issue and is awaiting a response. Surface Mining Ordinance: The staff and City Attorney are making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. -k Geographic Information System (GIS): A major focus of the GIS program has been finalization of the base data for the MapObjects program, This information was provided to ESRI this month. Recent products include updated conflict of interest maps for the new Council members and the digitized version of the General Plan Land Use Map. The GIS staff continues to update the database and previously completed maps and reports. Antenna Ordinance: Staff met with a group of wireless communication industry representatives on November 4, 1999. Based upon their comments, staff has revised the draft ordinance and forwarded it to the City Attomey for his review and comment. After the City Attomey's review another meeting with the industry representatives will review the final product. Coordination with the Bureau of Census. Staff continues to work with the Bureau to ensure an accurate and complete count for the 2000 census. Staff is monitoring the County Complete Count Committee process and will be preparing a plan to coordinate the City's public education efforts. \\TEMEC_FS101\VOL1~DEPTS\PLANNING\MONTHLY.RPT~1999~november 99.doc 6 , Application Fee Study: Staff recently received a study from the consultant and has provided information to the consultant and Finance Department about which applications should not be charged the full-cost of processing. Hillside Development Policy: The policies are being discussed intemally by City staff in an effort to create fair and useable development policies, Multi-species Habitat Conservation Planning Efforts for Western Riverside County: Staff is attending committee meetings and monitoring the process of determining conservation reserve needs and will report back to the Council when a draft plan is available, Large Family Day Care Home Facility Ordinance: Staff is preparing an amendment to the Code to revisit these regulations, It will be scheduled for the Planning Commission in January 2000, Citywide Sign Inventory: The arduous process of inventorying signs continues. Hotel Conference Center Feasibility Study Addendure: A draft of the study was received and reviewed by staff. This item will be presented to the Convention Center Subcommittee in January after new Subcommittee members are appointed. County Project Reviews: Staff is currently reviewing a Specific Plan and EIR located in the County adjacent to the City's Sphere of Influence in the Vail Ranch area. The Morgan Hill Specific Plan proposes 1,436 dwelling units on 478 acres. Staff will complete the review by January 2000. \\TEMEG_FS101\VOL1\DEPTS\PLANNING'~VIONTHLy. RpT~1999~nOvember 99,doc 7 APPROVA/AALE/~ CITY ATTORNEY f DIRECTOR Of INA E CITY MANAGER , CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council SUBJECT: Economic Development Monthly Departmental Report Prepared by: Gloda Wolnick, Marketjng Coordinator The following are the recent highlights for the Economic Development Department for the month of November 1999. Economic Deloartment Meetinfls On November 3~, Shawn Nelson, Jim O'Grady, Gary Thornhill and Grant Yates met with representatives of the Eastside Reservoir Project to discuss recreational amenities of the Reservoir as well as traffic concerns associated with this development. Staff attended and participated at the Manufacturers' Council EXPO at Temeku Hills on November 4~'. The EXPO went quite well and it was a good opportunity for networking with our businesses. There were approximately 50 vendor booths and several hundred people in attendance. The event did conflict with an event at the Mumeta Chamber so them were not as many people from the general public. The Manufacturers' Council was most appreciative of Temecula's support for the event and presented the City with a plaque. A debriefing meeting will be held in December to look at ways to enhance and expand the EXPO for next year. Staff artended the Southwest Riverside County Manufacturer's Council Meeting on Wednesday. November 16e. On November 4t~ Jim O'Grady met with Marty Smith and Allen Nunez of Coldwell Banker Commercial regarding a proposed hotel/restaurant franchise from Northem California. Gloda Wolnick attended the November 17~ EDCSWRC Board Meeting. The following people were elected officers for the upcoming year. Gary Youroans - President, Chuck Washington - Vice President, Phil Oberhansley - Secretary, and Dennis Frank - Treasurer. The following people were elected board members: Fred Gdmes (Westmar), Bonnie Hanna (Diversified Temporary Sendoas), Ted Hadng (EMWD), Jim King (Gas Co.), Dick Kurtz (Westmar), Bob Lopez (Edison), Kathleen Newton (Press-Ente~dse), Phil Oberhansley (Lorenz, Alhedeff et al.), Tammy Walsh (Lake Elsinore Chamber), and Randy Willlares (Barney & Barney). The firm of Keebler, Thomas & Co. was selected to assemble the Finandal Review for the EDCSWRC. Work is expected to be complete by the end of the year per City requirements. Jim O'Gredy was appointed the EDCSWRC Program Committee Chairman and will develop programs with committee members, David Phares, Dick Kur'tz, Bonnie Hanna, and Diane Sessions for the upcoming year. A lunch meeting was held with this group on November 30th to discuss program topics. City staff and Diane Sessions of the EDCSWRC met with a consultant~ Strategic Development Services, to look at business planning for the EDCSWRC organization. Two meetings for Temecula Connect ware held in November. Mark Fauci of OmniCorder made a "Springbeard" presentation. OmniCorder is a new company that is looking to establish a sales and service office center in this area, with manufactudng possibly later. They manufacture a new device that can detect the onset of breast cancer up to eight years before it is detected by a mammogram. There was also discussion of financing for his company. Jeff Stone end Jim O'Grady attended a meeting at Callaway WLnery on November 12e. Congressman Ken Calvert and Congresswoman Mary Bono announced that over $300,000 in Federal Funds would be given to combat the Glassy Winged Sharpshooter. Jim O'Grady met with the cities of Lake Elsinore, Murdeta and the EDCSWRC on November 22"d to discuss the results of the Business Survey that was completed by the Business Resource Group. The survey is expected to be published in January 2000. Jim O'Grady attended the EDCSWRC Executive Board Meeting on November 22"d. The board discussed the relocation of the EDCSWRC office and approved participation in the One Stop Center. Jim O'Gredy, Bill Hughes and Matthew Fagan met with representatives of Milgard Windows on November 22"d regarding City permitting requirements for their possible expansion. Jim O'Grady and Aaron Abams attended the Westaide Business Center Open House on November 23'd. This open house introduced Phase 3 of the Westside Business Center to brokers and the development community. Jim O'Grady, Matthew Fagan and Carol Donahee attended the Power Center Grand Opening in mid-November. Shawn Nelson, Jim O'Grady, Genie Robarts and ~Phyllis Ruse met with representatives of the Big League Dream Sports Park on November 23 regarding a possible facility in Temecula. Jim O'Grady and Gloda Wolnick met with Kathleen Newion, EDCSWRC, Cities of Murdeta and Lake Elsinore to discuss the content of the Business Resource Guide on Nov. 34. The Resource Guide is expected to be published in the spdng of 2000, Gloda Wolnick attended the Riverside County EDA marketing meeting on Nov. 17~ in MufTieta. Them was discussion of the recruitment of the County marketing person, the County EDA office at the One Stop Center, the name and logo of the organization, and the scheduling of regular marketing meetings. The Economic Development Staff Breakfast Meeting was held on Nov. 2"d & 30~' to discuss marketing items, leads inquiries and development projects. On November 30a', Jim O'Grady and Gloda Wo~nick met with John Stading and Melody Brunstjng to discuss some concerns regarding City sponsorship of the Rod Run and other City sponsored TTA events. There was also a Rod Run meeting coordinated by Staff to discuss the police, tire, and public works support of the event. Staff prepared the script for the Temecula section on the IEEP CD-Rom. Staff is working with the Altek Group on the production. The Inland Empire Economic Partnership is updating their pdnt Fact Book and will be supplementing their publication with an interactive multi-media video Fact Book CD-Rorn. Filming is set for December. Leads & Inquiries In the month of November, the City responded to 4 leads and 3 inquiries. On November 246`, Jim O'Gredy, Tony Elmo and Debbie Ubnoske met with a Southern California precision metal and plastic fabrication manufacturing company looking to possibly relocate to Temecula. The company is a supplier to Guidant and other companies in the area. The Border Patrol is considedng on expanding which would include a 20,000 sq. ft. building plus 10 acres. Staff is following up with this lead. Note: Information on Fast Track, Expansion, Relocetion and Speculative Building can be found in the Community Development Department report. Business Retention Visits and Meetinas In the month of November, the City participated in 3 retention visits. On Tuesday, November 23'", Grant Yates and Aaron Adams met with Mike Au, Plant Manager of Isomedix, and Dick Kurtz on an EDC Retention Visit. Isomedix, is owned by the Steds Corporation and is located on Business Park Ddve. This company sterilizes medical devices and provides services pdmadly to Maxxjm Medical of Temecula. They employ approximately 25 employees and operate 24 hour days, seven days a week. Gary Thornhill and Grant Yates met with representatives of International Rectifier for a site tour and lunch. Dan Dierken (Plant Manager), Jeff Laquoia (Safety Manager) and Hasib Nagib (VP of Operations) gave staff a tour of the plant. Staff discussed with IR to consider providing apprenticeship opportunities for local students and to offer the CERT Program (Emergency Response Training) to them through the Fire Department. Staff will give IR copies of TCSD's Recreation Brochure to help them see the recreation opportunities that are available for their employees. Jim O'Grady and members of the EDC Business Retention Committee attended a site visit with Channell Commercial on November 126`. Staff is following up on questions relating to reimbursement of fees and plans for the apparent "Sweetwater' development. At the November 46` Business Retention Meeting John Meyer spoke on Redevelopment, which was well received. Jim O'Grady and Grant Yates also attended. On November 10th, Steve Ford, Karal L.indemans, Shawn Nelson, Jim O'Grady, Gary Thomhill and Grant Yates met with the Temecula Auto Dealers as part of the Mayor's Business Roundtable Program. The auto dealers brought up issues that they would like to see the City address including allowing dealers to change the access to improve their security. Planning has 3 approved this. Also, they would like the City to explore off-site parking for their employees. Staff is investigating this request. Staff wrote an article for the Chamber of Commerce Monthly Newsltter entitJed "Temecula Celebrates 10 Years of Progress & Prosperity". The City thanked the citizens and businesses of the Temecula Valley for their continued support and partidpation in making what our community is today and highlighted some of the City's major achievements. Toudsm On Nov. 9th staff sent slides, a press kit and letter to writer Keith Antigiovanni. He is writing an article for a senior publication, which is part of the Beach & Bay Press in La Jolla. This is a Coastal Region publication targeted to the senior market and is one of six newspapers published by the Beach & Bay Press, Staff is administering advertising placement, ad development, editorials, press releases and media promotions for the Old Fashioned Christmas in Old Town Temecula. See attached. Gloda Wolnick attended the Chamber Tourism Committee Meeting on November 4"". She shared the recent media coverage Temecula received in several toudsm publications, the La Jolla Light publication and San Diego CONVIS Holiday Planning Brochure, as well as placements that are in progress including the North County CONVIS 2000 Visitor Guide and the Califomia Division of Toudsm newsletter "What's New in Califomia". In addition, the Old Town Holiday entertainment lineup, tree lighting ceremony was shared and flyere for the opening of the Temecula Valley Museum were distributed. Tanya Rogers, General Manager of Embassy Suitas, will be joining the City's Marketing Committee beginning January 2000. The first marketing meeting of the new year will be scheduled in February. Attachments: Temecula Valley Chamber of Commerce Activities Repert Economic Development Corporation of Southwest Riveraide County Adivities Report Temecula Valley Film Council Activities Report Old Town Holiday Clippings IFriday December 3, 1999 9:2z>am -- Page 2~ Dec-O3-99 08: 19A P.O2 PHONE CALLS TOURISM TOURJSM REFERRALS C. alencla~ of Events Special Events General Infornation TOTAL TOURISM CALLS RELOCAT1ON DEMOGRAPHICS CHAMBER MISCR i ANEOUS TOTAL PHONE CALLS · CHAMBER REFERRALS WALKJNS TOURISM CALENDAR OF EVENTS SPECIAL EVENTS GENERAL INFORMATION RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL WALK-INS MAILINGS TOURISM RFJ_OCATION DEMOGRAPHICS TOTAL MAILINGS E-MAIL TOURISM RELOCATION MISCELLANEOUS TOTAL E-MAIL WEB PAGE USER SESSIONS GRAND TOTALS PHONE CALLS WALK-INS MAILINGS E-MAIL ~-WEB PAGE USER SESSIONS fCHAMBER REFERRALS TEMECULA VALLEY CHAMBER OF COMMERCE MONTHLY ACTNITY REPORT FOR NOVEMBER, 1999 Chanter V'm. Center This Monffi This Total Year-To-Date 292 127 168 753 1,340 4677 1201 5470 t2,173 25,802 134 66 1 ,:342 105 2,987 12,040 155 116 31 550 120 626 66 1,752 t73 35 7 150 1 0 2 2O 388 3,442 1250 8,836 1789 663 9,751 775 27.477 82 75 72 229 1612 1028 1047 3,687 79 2.342 THIS MONTH 2,987 1,752 229 79 2,342 12.040 22t 199 63O 1,050 29,788 YEAR-10-DATE 34,~04 27,477 3.687 1.050 29.788 83.435 December 3, 1999 Jim O'Grady Assistant City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 RE: Activity Summary- November 1999 Activities of the EDC during the month of November are as follows: Business Development The EDC did not respond to any direct requests received from DEEP during the month. It is no longer receiving the requests, as they are forwarded to the EDC through the City of Temecula. No inquiries were forwarded in November. The EDC did not receive any lead requests from Business Facilities and Site Selection magazines. Marketin~ Outreach Sessions attended the following events: · November 2, 1999 - TeamCalifornia Marketing Taskforce Committee Meeting in Corona. (See attached for notes on topics, discussion and updates.) · November 3, 1999 - Workforce Development Center - A meeting with Rob Moran, Mark Christiansen, and Rosa Lazenby, all of the EDA, to discuss the terms and conditions of the offer to occupy a designated office space in the WDC. · November 3, 1999 - Business Resource Group in Murrieta. Committee members reviewed the draft Business Resource Guide. Pending items for inclusion are cities and county pages (4 per agency), revisions, graphics and formatting. The timeline for print is targeted for mid- January. Kathleen Newton will continue to act as project consultant through completion. · November 4, 1999 - EDC Business Relations Committee Meeting at Rancho Springs Medical Center in Murrieta. (See Business Relations for details.) · November 4, 1999 - Southwest Riverside County Manufacturers' Council Expo The Expo was held at the Temeku Hills Golf & Country Club in Temecula and displayed approximately 39 booths by local manufacturers, utility companies, and Southwest County municipalities and chambers. · November 9, 1999 - California Bank & Trust Annual Holiday Party in Temecula. Invited customers and guests attended the elegantly catered event. · November 10, 1999 - Workforce Development Center Orientation - Orientation included partner introductions and overviews of each WDC agency and services, a site tour, and training relative to security, information technology, telephones, office equipment, and facilities management. The WDC was prepared for occupancy on November 12, 1999. Jim O'Grady City of Temecula December 3, 1999 Page 2 of 4 · November 10, 1999 - A meeting with Charles Stein of Strategic Development Services. Mr. Stein proposed consulting services that would provide leadership assessment and strategic development to the EDC. The proposal was forwarded to Board Chairman Gary Youmans, who will be contacted directly by Mr. Stein. · November 15, 1999 - Temecula Connect Spring Board Presentation for OmniCorder Technologies in Temecula. Mark Fauci presented the high-tech OmniCorder, an innovative medical device that is used to screen patients for early detection of breast cancer. A panel review and feedback session by medical and industry peers followed the presentation. · November 17, 1999 - Temecula Chamber of Commerce Mixer hosted by San Diego County Credit Union in Temecula. · November 18, 1999 - Workforce Development Center Partner Meeting held at the WDC in Temecula. This was the first monthly meeting of WDC partners. The purpose of the meetings is to share ideas relative to the promotion of the WDC and to set continuous operating standards for the benefit of all panners and clients. · November 18, 1999 - Lake E!sinore Valley Chamber of Commerce/EDC Connections Luncheon held at the L.E. Outlet Center. Chamber members and government representatives shared information relative to the economic development Southwest Riverside County. Guest speaker Tony Bishop of Murrieta shared his experiences in business ethics. EDC-SWRC staff was requested to share EDC updates at future luncheons. · November 18, 1999 - Business Relations Visit to Southern California Hydroseed & Hydromulch at 42396 Rio Nedo, Temecula. (See Business Relations for details) · November 22, 1999 - 1999 Business Survey Committee Meeting held at the Murrieta Chamber of Commerce. The meeting was facilitated by Lisa Sato of The Resource Group. Attendees reviewed the draft copy of the survey and made revisions. Survey data and formulas were discussed. · November 30, 1999 - EDC Programs Committee Meeting - Staff and EDC committee members met to discuss topic ideas for the next four quarterly luncheons. Ideas were submitted and Jim O'Grady volunteered to take the lead with staff for the next quarterly luncheon in late January. Business Relations · The Business Relations Committee met on November 4, 1999. A visit with Gary Baker, CFO of Channel Corporation, was conducted. Discussions of past issues related to city fees and an anticipated letter from the city were addressed. Jim O'Grady to follow up. There are 400 employees throughout several corporate locations. Growth of 100 additional employees is expected next year. Expansion to approximately 56,000 square feet is anticipated. Items of concern are residential zoning of adjacent properties and freeway signage. It was suggested that the City of Temecula make a presentation to Chanell employees to establish good-will relations and encourage participation in city planning. · Excel Manufacturing, a manufacturer of device and fiber optic cabling originally from Orange County, employs up to eight employees. Items of concern are regulations and taxes that stifle growth. Jim O'Grady City of Temecula December 3, 1999 Page 3 of 4 · Isomedix provides gas sterilization for medical and other industries that require equipment and product sterilization. There are twenty-two employees housed within 45,000 square feet. Business is steady with no plans to expand. Much of the product is shipped to the plant for sterilization and then shipped back to its origin. · Sessions and Hanna made a visit to Southern California Hydroseed and Hydromulch. Owners Mike and Carolyn Santoro have been in the landscape/hydroseed business in Temecula for 15 years. Sales are up in recent years due to a strong economy. Skilled work force, quality of life, beauty of area, community resources, air quality public safety, and traffic all rank very important for their satisfaction in Temecula. Their complaint was the pending change of phone numbers after 15 years. · Studio Magic, a privately-held corporation, employs four and is a full-production film facility. They have been in Temecula for four years and in Los Angeles for nineteen years. Item of concem is that local government should support local businesses. · AWSM, Inc., a privately-owned corporation that represents manufacturing businesses, has been in business for six years in Temecula. It is owner operated with no employees. · P&G Precision, inc. is a supplier of medical screws. Primary customers are located in Carlshad and Colorado. There are twenty employees of this female-owned corporation in Murrieta. P&G have been in business for three years in Southwest Riverside County and six years total in operation. Items of concern are skilled labor, high taxes, and low wages (cannot pay higher than larger shops). · Attempts were made with Artesia Implements and Head To Toe. Follow-up on both companies is scheduled. · Goal Progress Report Annual Goal (as of July 1999) 27 Visits 33 Phone Interviews (3 points) (1 point) 60 Total ( 114 points) YTD Visits Phone Points Actual 8 9 33 Goal 11 13 46 Variance -3 -4 - 13 · Action items were reported on the Manufacturers' Council Presentation which is targeted for mid-January, Hudson RCI's expansion is in progress, the report on a visit to Hydro Flow is scheduled for the next meeting, OmniCorder was presented at Temecula Connect Spring Board - funding is still not established, and the regional business survey and Resource Guide is in its completion stages. · Jim O'Grady, Marlene Best, and Tammy Walsh presented City and Chamber news. A request to visit Quality Control (?) was noted. · Next Business Relations Meeting scheduled for January 6, 2000. TEAMCALIFORNIA MEETING - NOVEMBER 2, 1999 Publications Work Group Update 1. Web site: www.teamcalifornia.org (800) 326-2606 2. Return the "New Facilities & Expansions" form to Conway Data, Inc. by December 1. 3. Outlook and Expansion magazines include a matrix as part of TC - can be viewed online 4. Discussion held regarding sponsorship drive through regional visits to local businesses 5. Can pull various ads used in publications from TC web site 6. Discussion held regarding placement of demographic information for California on collateral material to compliment IMAX film - to be used as a handout 7. Discussion held regarding formation of committee to contact Calif. legislators via letters series to fund TeamCalifornia projects that promote business expansion in California - Mary Jane Ohlasso to spearhead 8. TC offered to place every panner's newsletters, etc., on the TC web site - email newsletter text to TC Tradeshows Work Group Update 1. Generic update on booth design and show schedule 2000 - next show in Las Vegas - date ? TeamCalifornia On-Line Community 1. Can complete application to join TC on-line through web site 2. Generic update on status, content and launch - visit web site Update on Statewide Marketin~ Camoai~ns 1. California Tomorrow Today Campaign - can obtain collateral material from TC - will send any quantity for your local use Strategic Marketin~ Plan for 2000 1. Handout - reviewed 2. Suggestion by Ron Bradley to add a vision section (examples: California Marketing, concrete visions for next five years) Legislative activities, TEMECULA VALLEY FILM COUNCIL ACTIVITIES REPORT November 1999 Members of the Temecula Valley Film Council are Maggi Allen, President; Sunny Thomas, Vice-President; Judi Staats, Treasurer; Steve Phelps, Secretary; Brian Padberg, Sheri Davis, Stacy Sievek, Penny Rivera, Joe Hem berg and Patty Slayton. The Business of the Film Counc~ · This month we received 32 phone calls 3 - Film Festival, 8- locations and information requests, 21- council business. · The Production Guide Review committee is continuing to call local businesses to add to and update information for reprint. · Photo files and negatives are being reviewed. The Board approved the purchase of an external rewritable CD ROM drive to create and store our locations photo library. New photos are being gathered · TVFC will continue to support the Chamber and the City's Tourism Committees. We are still planning to have our website ready in early 2000 with online access to our location photo library. Filming in Temecula · We were contacted by DensuTech, a marketing firm for Japanese automobiles, to supply several on road photo locations - roads by a river, by a lake, straight roads, winding roads, in mountains, by cliffs and over a bridge. New photos were taken and sent to DensuTech. They will be contacting us in January. · IEEP Film Commission referred a request for a two-story deserted or seemingly deserted farmhouse. Possible photo locations were faxed at their request~ · The City of Temecula forwarded a request for permitting and fee infoimation to the TVFC. Stacey Sievek is working with the production people to meet their needs. ADVERTISING SUPPLEMENT Tile II'I~.~.NTEI/I'ItlSE Bl. day, November 261 1999 Santa's Toy Bag Gift ideas for children Touches stuffer ideas Wrapped Up oughtful, creative gifts Yuletide Treats Goodies to give as gifts OLD FASHXON HOLIDAY FUN IN OLD TOWN TEMEC1"\ ve~ ~ekend. Nov. 27 through feature holiday shopping. fine dining and fesftvmes. Old Town's lineup ~,.~fl include strolling carolers. holiday-themed characters. marionettes. live entertain- ment. horse-driven carnage and trol- Icy tides. plus the holiday lights A special holiday treat is Santa Claus. who will be on hand at Butterfield Square to listen to chddren's w~shes The recently renovated Old Town District is a shopper's delight with convement parling. wooden board. walks and a variety of restaurants. Old Town Temecuh as known for its many antique shops (more than 640 dealers). one-of-a-kind boutiques art galleries. crafts and Old West charm. · The Temecula Valley Museum Gift Shop offers a large vanet'/of book~ on the h~story of the Tcmecula valley and related subiects. children's items (from fun to educat:onal), col- leciibles. clothing and accessories, many thereed to the western flavor of the museum. Take ,me out to explore the city's treasures throughout the new 7,000- Shopping in Old Town Temecula is a real experience with over 640 different dealers offering one of a kind boutiques, antiques and crafts. Diego off the 1-15 t?eeway CHRISTMAS Continued from Gunfighters having a shoot out down Main Street at noon. Louis Cdan and Joyce Zelenz will do story telling at 1 p.m. in the chtidren's tent, which is at Front and Sixth streets. Sunday's events will include a performance by the University of Temecula Dance Academy at 1 r T.E PIII-:~,~EXTERPRISE. Friday, November 26, 1999. B-3,_ p.m. on the main stage at Front and Fourth streets. Sltuffiay I Old Town Temecula Farmers Market fea- tunng handmade Crafts, fresh fruit, vegeta- bles and flowers ~s from 8 a.m. to neon at the Transportabort Center, Sixth an~gont ' streets. · Author Jane Coscarelh will reacl from her new children's picture book, "The Pinata l The Califomaa Knifemakers ASSOcklt~On wr~ have its third annual knife show. 10 a,m, ~o 4 p.m. at the Embassy Suites on Rancho,L Cahfomja Road in Temecula. (909) 302- 0267. · Christmas tree I~ghbng ceremony. 5:30 p.rn. at Tower Plaza Center on Ynez I~aQ--- in Temecula. Santa will arnve in a horse- drawn sleigh and elves wfli stag Cr~nstmasz,- carols. make barleon animals and paint ..~ faces. · Sunday · The CaJffom~a Knifemakers Asseo~atson ~HI,~ have ~ts third annual knife show, 10 a.m. to 4 p.m. at the Ernl~assy SuRes On Rancbuu Ce~ifc~ta R~a~ ~n Temecula. 0267 ORTH D_ COU SPECIAL PULLOUT SECTION Light~ are the first thing tha~ should go on the tree ~ wtaFe them in and out of the branchts. Next, think about choosing a unifying theme for your tree decora- tions, like old- fashioned Santa orna- ments. Copley Services Decorating ideas for trimming the tree ver't year, while stripping the tree of tinsel and white lights, you tell yourseft nex~ year E wii] be different. There will be more lights. more ghrter, more organization. Your Christmas tree will look like something out of House BeautiM rather than a "Peanuts" comic strip. You brave the post-holiday sales rush and buy extra setsoflights, packing them up for theglo- 'ous year to come. But then, as the day ,proaches. 11 months later, you find yourseft scurrying around again, telling yourself you'll be satisfied ff the tree gets up at all. Stop and take a deep breath. Even if you haven't fuily orgamzed a plan in your head. you can still create a beautiful ttte that the whole famdy can be proud of. Trees The first step is to measure your ceiling height and determine how big of a tree you should get. Keep in mind, 'The taller the trte, the wider the base," said Pat Quillman, owner of Pat's Pickin's in Elgin, ill. If you're not using an artificial tree, decide winch type of tree to buy. Some are bushy and full with green-blue needles. Others are narrow and nearly symmetrical with gray-blue needles. The Balsam fir. for ey~mple, has short, fiat needles with rounded tips. Its widely spaced branches can be decorated with many hanging ornaments. The Scotch pine, on the other hand, requires linle ornamentation because of iu bushy fu~ness. The dense Norway spruce also needs little ornamentation as the branches sweep gracefully upward. ~g it a good candidate because of their rigl~L'~.'e branches. 'They're bener,foH~acorafing; she said. After setting th~ ti'~ up fnd making sure it's straight, take time to~lkh~pe r. he_br~nches. Bend the tips slightly upwa~;inc~easing the angle as you move up the tree~*" LIghtS ~ ': Weave lights m and out 9f the tree. starting at the trunk. Never jump to the nm layer of See Merry on page NC-2 I B ow-Out Sale They offe~ a variety of unique 'The Best little Sewmi $hi~ii'ii4'ihe Sewing has become a craft and 2h2'C27=7:7::'° cla~s find ideas. educateon and a Our friendly, helpful servige is almost enough to make you forget XL tON '3,499 Multi-Hoop Prorammin~ vnffi X&Y Axis a~knvs Hoop Size ~o 12" x 24" Autoffiread Cu~ter PC Compaoble 6 MONTHS-NO PAYMENT ml/em · NO INTERESTIoAcl i Bakers Sewing Center Pfaff 7570 Creat~Ye 112 N. Kalm~St,.Escondi~o Authonzed Pfaff Dealer Sirlce1949 (7so)745-4 t 40 ........................ ~ you're getting a one-of-a-kind phone. digital two-way radio feature. minute on all cellular calls. on the Nextel National Network. · Nextel Na.onal Nem'ork. The largest guaranteed all-digital national wireless network personali~'edd~s '-Calen NEXTEl.: How business gets done.-- Quintex wIRELEss Serving You Stnce 1988 Comer Auto park Way anti Anclreasen m432-800~ 800-8g-CELLULAR and Computer Clubs are a great Check out Bakers Sewing Center tmn Bakers Sewmg Cenler ~ Ret:reshments will be served, s21f , come see them in our store Del Mar Off'ice Products (858) 4814808 315 S. Hwy 102 · Solaria Beach m. de~.com Danceworks Ballet Theatre PRESENTS · .,.-i.u the Nutcracker Suite 1999 s..,f,,~, December 11 ATTHE December 2:00 & 7:00 CARESBAD CULTURAL ARTS CENTER 2:00 TICKETS: $8.00 Group $12.00 reserved $14.00 At The door  JOIN US FOR A SUGAR PLUM DELIGHT f Sunday Dec. 12lh at 2:00 · Tickets $15 (Resen'ed Center .seating. To,r qf Back~tage. F Refreshments. Mee~ the Dancers) LL November 26.1999 publication of The Rancho News F.day. NoRmme 26.1999 s",','~ OLD TOwN TEMECU[A CALENDAR OF EVENTS wiH perform Nov. 27 and 28. Saturday, Nov. 27 · Mickey the Chimney sweep Mime noon-4 p.m. I~ Children's Tent and S{rolling · Santa ~ Bunerfield Square noondip.re. · Story telling -- Lewis Crane 1-2 p.m. Ca, Children's Tent · MaRhew Fagan fin er-style guitanst 2-Sp.m. ~ the Oak ~ree (Next to Grange I1 on front Street) John Laskin (pictured) Jazz Duo with Brian Otto will perform Dec. 5 and 19, Sunday, Nov. 28 · Mickey the Chimney sweep Mime noon-4 pro. r. Children's Tent and Strolling · Santa {f, Buneff~eld Square noon-4p.m. · University of Temecula Dance Academy 1-2 p.m. <l~ The Stage · Matthew~agan finger-style guitarist 2-Sp.m. ~, the Oak Tree Friday, Dec.3 ® Third Annual Tree Lighting Ceremony 6p.m. (a Sam Hicks Monument park Chaparral high School will perform Refreshmentg will be served Saturday, Dec. 4 · M ckev the Chimney sweep MIme noon-4 p.m ,, Chilaren s Tent and Strolling · Santa (- Burteffield Square noon-4p.m. · Vail Ranch Middle School Jazz Rand 1-2 p.m. Ih The Stage Sunday, Dec. 5 · Dynamite Dave the Giant Elf noon-4 p.m. i~ Children's Tent and Strolling · Santa (,, Bunerfield Square noon-4p.m. · Simple Elegance 1-4 p.m. Strolling Old Town · John Laskin Jazz Duo Band with Brian Otto 1-3 p.m. ~ The Stage Saturday, Dec. I 1 · Freckles the Elf noon-4 p.m. (~ Children's Tent and Strolling · Santa (~' Butterfield Square noon4p.m. · Robert Bacock playing a Hammered Dulcimer 2-3 p.m. ~ The Stage · Franklin Hayes Marionettes 1-2:30 p.m. (Two performances) · Mun~eta Valley High Schoo Choir 3-4 p.m. @ The Stage · Chaparral High School Choir 4-5 p.m. @ The Stage Tree Lighting Ceremony will take place Dec. 3 Sunday, Dec. 12 · Dynamite Dave the Giant Elf noon-4 p.m. ~ Children's Tent and Strolling · Santa 17., Buuerfield Square noon-4p.m. ® Olde English Caro ers 2-4 p.m. Strolling Old Town · percusnon Drum Circle 1-3 p.m. i~, Children's Tent (Public is'encouraged to participate) · Hope Lutheran Bell Ensemble & Joy Ringer Groups 1-3 p.m. at The Stage Saturday, Dec. 18 · Mickey the Chimney sweep Mime 1-5 p.m. ~ Children's Tent and Strolling · Santa (h Bunerfield Square noon-4p.m. · Story telling -- Lewis Crane 1-2 p.m. lil Chddren's Tent Sunday, Dec. 19 · Dynamite Dave the GIant Elf noon-4 p.m. ~, Children's Tern and Strolling · Santa i,, Bur~erfield Square noon-4p.m · John Laskln Jazz Duo Band with Brlan Otto noon-2 p.m. <,, The Stage · Musicians Workshop Chddren's Chotr 1-3 p.m. at The Children's Stage Simple Elegance will perform Dec.5 Cover design by Dave Coffman Olae qtle · in (~09) 506-6335 Gary Denny 6766692 IL%PPT IIIII,II),%T~ Tax Preparation Talcott Co. · Income Tzx · Pa)Toll AR'F & FRAME oni ex~eat rpage,' ' THE ,.aoo* f. Old-fashion holiday in Old Town OLD TOWN TEMECULA -- Lively :i sounds of the sea- Jon, will draw crowds to an Old-Fashion Christ- mas in Old Town Nov. 27 through Dec. 19. Holiy wreaths and colodul lights serve to greet those visiting the mty's historic sector. while a brigade of holi- day-themed characters and talented carolers stroll abo~c the friendly streets -- spreading cheer and merriment to the young and young-at- heart Matthew Fagan opens the live entertain- ment segment of the extravaganza from 2 to 5 p.m. Nov. 27 and 28 under the old oak tree near Old Town Front and Main streets. His recent- ly released CD, Mind- ,dtarist/eongwriter Nlatthew Fagan, Simple Elegance took first-place honors at Ner- vous Novice -- Sweet Adelines Regional Competition recently, scapes. is receiving rave reviews from guitar fanciers and cdtics alike. On Dec. 3, celebrate the Third Annual Tree Lignbng at 6 p.m. at Sam Hicks Monument Park, 41970 Moreno Drive. ChaOarral High School Choir will sing enchanting melodies. The award-winmng Vail Ranch Middle School Jazz Band siz- zles from I to 2 p.m. Dec. 4 and Simple Elegance -- an out- standing female baroar- shop quartet -- harmo- nizes from 1 to 4 p.m, Dec. 5. Santa Claus visits children from noon to 4 p.m. every weekend through Dec. 19 in But- tertield Square, Award-winning Vail Ranch Middle School "Bull- dog" Jazz Bend. Ride a horse-drawn carnage through town, shop for unique gifts, dine out at fine eateries. Look to Roundup's Calendar pages for com- plete listing of entertain- call (888) TEMECULA filAT SPi:iXL WAilIll UP YGI~ ilOLBIAY SliOPPiilG DANCINg CATOil HOT SAUI: S ENTERTAII~MENTROUNDUP 9 Gramma Audrey's Antiques & Collectibles 28635 Old Town Front St. Old Town Tcmccula (909) 699-9139 · (909) 699-9338 SILVER SPOON RESTAURANT Breakfast and Lunch Daily specials Enjoy our charming dining room or patio garden LIVE ENTERTAINMENrF Noon to 3 p.m. every Sunday 1997 Small Business Serving the community of the Year nominee for more than 12 years 28690 Old 'lbwn Front St. Old Town Temecula (909) 699-101 5 OLO TOWN POTS Clay Potter), · Bird Baths Garden Sanctuary · Antiques Water Fountains Wrought Iron Patio Furniture attd Accessories JACK GREEN. PROPRIETOR 42061 Main St. · Old Town Temecula (909) 676-3370 F iK AE FA$1 !JO! EDD) fiOVF,~BF.~ Zl - DECF, Fii~ER Zq} Wiffi over ~0 dHtem of andquH, g~ a~ ~l~b~ you're sum ~ find just ~at you're I~ br. And mile you're shoppi~, enjoy the s~lling ~m~m, homed~ ~m~e fide, ~liday light, I~e ente~in~t, fine dining, Sam Claus and much mom~ A Lr~IWE liOUDAI EXPF..EIEHCE FOR THE WHOLE FA!~LYl 3rd Annual Tree Lighting Ceremony Dec. 3rd at 6:00 pm Sam Hicks Monument Pank Feat ride, luring out to Patdcia Lange, 2, of Temecula receives candy from Santa Claus (VInce Benojt) in Old Town Temecela on Sunday after telling him what she wants for Chds'unas. Weekend events will ha held until the holiday.