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HomeMy WebLinkAbout112492 CC Agenda AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA COMMUNITY CENTER - 28816 Pujol Street NOVEMBER 24, 1992 - 7:00 PM At approximately 9:45 PM, the City .Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM 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 PM Next in Order: Ordinance: No. 92-18 Resolution: No. 92-85 CALL TO ORDER: Mayor Patricia H. Birdsall presiding Invocation Reverend Joan Rich Egea, Religious Science Church Flag Salute Cub Scout Pack 301, Webelos Den No. 3, Todd Thomas, Leader ROLL CALL: Lindemans, Moore, Mu~oz, Parks, Birdsall PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS Bicycle Safety Poster Contest Winners Presentation of Report on Upper Santa Margarita River Watershed (By Nature Conservancy) A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed 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 and address. For all other agenda items a "Request To Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. ~ 21ageride/'112492 I 11/i7/12 NOTICE TO THE PUBLIC All matters listed under Consent Cal/ndar 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. : CONSENT CALENDAR 1 2 3 4 Standard Ordinance Adootion 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 10, 1992. Resolution Aooroving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Liability Insurance Renewal RECOMMENDATION: 4.1 Approve renewal of the insurance policy with Insurance Company of the West for General liability, Excess Liability, and Public Officials Errors and Omissions coverage in the amount of $97,846. AoDroval of the SuoDlemental Agreement AonrovinQ the 18th Year (Fiscal Year 1992- 93) Community Develooment Block Grant Fundinc~ RECOMMENDATION: 5.1 Approve and execute the Supplemental Agreement for the use of Community Development Block Gram (CDBG) funds for City activities. 2 11 I17/92 2/agendd112492 6 7 8 Authorize Release of Security Amounts for Parcel MaD No. 22610 RECOMMENDATION: 6.1 Authorize the release of Street Improvement Faithful Performance Warranty Trust Deposit, and the Material and Labor Letter of Credit in Parcel Map No. 22610; 6.2 Direct the City Clerk to so notify the Clerk of the Board of Supervisors. Completion and' Acceptance of Sixth Street Improvements Proiect No. PW 92-02 RECOMMENDATION: 7.1 Accept the Sixth Street Road Improvements, Project No. PW 92-02, as complete and direct the City Clerk to file the Notice of Completion; Release the Performance Bond; Accept a one-year Maintenance Bond (10% of contract amount); Authorize the release of the construction retention thirty-five (35) days after filing of the Notice of Completion; Authorize the release of Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 7.2 7.3 7.4 7.5 Contract ChanQe Order No. 002 on Project No. PW 92-04. MarQarita Road Interim Improvements RECOMMENDATION: 8.1 Al~prove Contract Change Order No. 002 increasing the contract amount by $75,000 due to overexcavation of unsuitable subgrade materials in the fill areas; 8.2 Approve a transfer of $75,000 from the Measure "A" fund to the Capital Projects Account; 8.3 Appropriate $75,000 to Capital projects Account No. 210-165-606- 5804 from Unreserved Fund Balance. ~ 2legends/112492 3 11 I1 Contract ChanQe Order No. 003 for Additional Professional Services bv Law/Crandall Incorporated for Geotechnical Services on Margarita Road Extension Interim Imorovements Project. PW 92-04 RECOMMENDATION: 9.1 Approve Contract Change Order No. 003 increasing the contract amount $7,900 for additional Geotechnical Services; 9.2 Approve a transfer of $7,900 from the Measure "A" fund to the Capital Projects Account; 9.3 Appropriate $7,900 to Capital Projects Account No. 210-165-606-5804 from Unreserved Fund Balance. 10 Contract Change Order No. 004 for Additional Professional Services by Rick EnQineering ComDanv for Land Survevinq on Margarita Road Extension interim Improvements Project. PW 92-04 RECOMMENDATION: 10.1 Approve Contract Change Order No. 004 increasing the contract amount $4,000 for additional Land Surveying Services; 10.2 Approve a transfer of $4,000 from the Measure "A" fund to the Capital Projects Account; 10.3 Appropriate $4,000 to Capital Projects Account No. 210-165-606-5804 from Unreserved Fund Balance. 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. 2/eOenele/112492 4 11117/92 "~ Change of Zone No. 5724 and Tentative Tract MaD 25277 (Acacia Homes) (Continued from the meeting of 11/10/92) RECOMMENDATION: 11.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY BY APPROVING THE CHANGE OF ZONE APPLICATION NO. 5724 CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-1 (ONE FAMILY DWELLINGS) ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN 11.2 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5724 CHANGING THE ZONE FROM R-R · TO R-1 ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN 11.3 Adopt a resolution' entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4 TO SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE FAMILY LOTS AND 5 OPEN SPACE LOTS LOCATED AT THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF THE TEMECULA CREEK INN 11.4 Adopt Negative Declaration 'for Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4. ~ 21~end~/112482 6 11117/82 COUNCIL BUSINESS 12 13 14 15 Adootion of a Resolution Denvina Public Use Permit No. 5 - New Community Lutheran Church RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 27, UPHOLDING PLANNING COMMISSION'$ DECISION TO DENY PUBLIC USE PERMIT NO. 5 TO ALLOW CONSTRUCTION OF A WORSHIP CENTER AND A SUNDAY SCHOOL LOCATED ON THE SOUTHEAST CORNER OF YNEZ ROAD AND SANTIAGO ROAD Temporary Signs in Old Town Historic District -RECOMMENDATION: 13.1 Provide direction to City Staff on the implementation of temporary sign regulations in the Old Town Temecula Historic District. Temecula Film Commission RECOMMENDATION: 14.1 Direct staff to create an ordinance establishing an application procedure and associated fee. Resolution Suooorting the Western Riverside Council of' Governments ADDr0ach' to Integrated Air Quality Implementation Program RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO PARTICIPATE IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS INTEGRATED AIR QUALITY IMPLEMENTATION PROGRAM 21egende/1 t 2492 S 11 I11/92 Discussion of Rent Stabilization Reouest bv Residents of Heritaoe Mobile Home Park 17 18 (Placed on the agenda at the request of Councilmember Mu~oz) RECOMMENDATION: 16.1 Direct staff to explore the type of ,rent stabilization ordinance that would be in the best interest of mobile home residents of Temecula. Discussion of BoVs and Girls Club Grant Reouest RECOMMENDATION: 17.1 Review request for a grant and construction loan for construction of the Boys and Girls Club facility and direct staff to begin discussions with representatives of the Boys and Girls Club of Temecula. Maintenance of Streets Not Within Maintained .Road Svstem RECOMMENDATION: 18.1 Establish the TCSD as a potential financing mechanism that will finance the design and construction cost associated with the expense of upgrading non-maintained streets within the City to publicly maintained standards (paved); 18.2 Direct Staff to expand the TCSD Service Levels to include road maintenance for pre-existing roads that do not meet current standards for acceptance into the Maintained Road System; 18.3 Establish a policy requiring a signed petition by 50% of the property owners within a proposed Road Maintenance Service Level accepting the service rates, when established, prior to forming a new Road Service Maintenance Service Level; 18.4 Direct Staff to develop low volume, paved rural road standards similar to those currently existing in the Los Ranchitos Development for use in rural areas that have pre-existing roads that are not publicly maintained or are within a proposed Road Maintenance Service Level; 18.5 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR STREET AND PUBLIC UTILITY PURPOSES, BUT NOT ACCEPTING INTO THE CITY-MAINTAINED STREET SYSTEM, LIEFER ROAD 21eeende/112462 7 r 11111/I} 18.6 19 Authorize the Public Works Department to solicit informal bids for the construction of culverts on John Warner Road (5) and Liefer Road (1). The associated design and construction costs will be reimbursed to the City from the TCSD Road Maintenance Service Level or an Assessment District when they are formed. Consideration of Cancellation of December 22.1992 City Council Meeting DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next meeting: December 1, 1992, 7:00 PM, Temecula City Hall, Main Conference Room, 43174 Business Park Drive, Temecula, California. Next regular 'meeting: December 8, 1992, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 2/aGeride/112492 8 11 I19/92 '~, !:~**::*-*-::*:,:,**.~* *:,-**,~,.,,-e:.:***:,:, ,:,..:**** ,,, * .* .-*:* *"*:*.*:, ,:---~*.,:*.~:-:..*,:.,:,.e-e -~:' E~:~EMECULA~:CO'MMUNITY:::SERVICESDISTRICT~MEETING~::~(TO be'~heldata:00) :'~: :::: Next in Oraer: , - CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: President Ronald J. Parks Resolution: No. 92-10 DIRECTORS: Birdsall, Lindemans, Moore, Mu~oz, Parks Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of the meeting of November 10, 1992. 2 Loma Linda Park Site Project RECOMMENDATION: 2.1 Award contract of $40,050 to Walt Rankin and Associates, Inc. to purchase and install two (2) tot lots at the Loma Linda Park Site. 3 Reduction of Landscaoe Bonds for Tract 22716-0, 02, 03.04 - Vintage Hills RECOMMENDATION: 3.1 Authorize the reduction of Landscape Improvement Bond amounts for TCSD maintenance areas within Tract 22716-0, -2, -3 and -4. ~ 2Iceends/112492 9 11 I17/92 DISTRICT BUSINESS 4 Riverton Lane Park Site RECOMMENDATION: 4.1 Approve the Master Plan for :the :Riverton Lane Park Site; 4.2 Authorize the preparation of construction documents and release a formal public bid for the Riverton Lane Park Site. 5 Namina of Three City Park Sites RECOMMENDATION: 5.1 Consider and if desired, approve names for three (3) city park sites. GENERAL MANAGER'S REPORT - Dixon DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting December 8, 1992, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 21Nem~/112482 10 11117/12 ::~'!1i::!r¢1'~1"'1:1:,141'I::41':4l',#1 ,I, .# 44..41..# t-#.,1t 41,.#.41.,I.,l, #.1,1 # 41. tt 1.41.41,.l, 4(, Ill. Next in Order: Resolution: No. 92-08 CALL TO ORDER: ROLL CALL.: Chairperson J. Sal Mu~oz presiding AGENCY MEMBERS: Birdsall, Lindemans, Moore, Parks, Mur~oz PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. AGENCY BUSINESS I Minutes RECOMMENDATION: 1.1 Approve the minutes of November 10, 1992. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next regular meeting December 8, 1992, 8:00 Community Center, 28816, Temecula, California PMi Temecula 21agerd&'l 12492 11 11117/12 PROCLAMATIONS TO: FROM: FAX IOHN MEYER CITY OF TEMECULA l~rril~e Fellows The Nature Conservancy Telephone: (818) 40S-2965 Fax: (818) 405-2984 RECEIVED SEP 0 8 1992 bs'd ............ Mmuzgemea~ A~ena~ves /or the Upper Seam Mm~m'Un ~ver W~e~ed, ~~ of ~a P~ ~ ~e N~ Co~cy by ~c ~~ ~~ ~t of T~nds~ ~~m~, C~fo~ Poly~c U~v~, ~m~ Pursuant to a contract with Thc Nature Conservancy, three graduate students prepared a report focussed generally on the 'con~uence' area where the Murrieta, Temecula, ',nd Pechangs Creeks meet the Santa Margarita River. The report was intended to generate excitement about the planning possibilities currenUy offered to the City of Temecula. The report )royides both design and policy recommendations to meet thc demands and requircments of the expected growth in the area while being aware of the impact of any adopted policies on the Santo Margarita River. : Lisa Skillctt, onc of the student authors of the report would mate the presentation to the City Council. If possible, she would accompany her brief presentation (10 - 15 minutes. or less) with slide illustrations. lvis. Skillett would highlight the report's recommendations in tac fivc arcas of (i) a Regional Recreation Trail System. (ii) Regional Surface/Wastewater Marggement, (iii) Wildlife Corridors, (iv) Community Greenspace, and (v) Urban Crcck Dcvcbpment. Her slides would also familiarize the viewers with the important ecologic and recreaficnal resources offered by the Santa Margarita River. These recommendations encourage, for cxamplc, infdWation of stormwater at its point of origin. Such a policy would have benefits in addition to reducing the nccd for additional ;lood control. The report also urges preservation of existing wildlife corridors which may s~multaneously provide for urban greenspace and rccrcational trails, and may link with an inter)refive ccntcr to describe the area's important historic and archaeologic history. Thc report Eludes outstanding graphic depictions of community centers whict might take advantagc of the area' s natural riparian beauty. Finally, thc report also provides s*abstantial text describing the visual character of the watershed, its history, hydrology, geology. and wildlife and vegetative communities. ITEM NO. 1 ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA .CITY COUNCIL NOVEMBER 10, 1992 A regular meeting of the City of Temecula City Council was called to order Tuesday, November 10, 1992, 6:30 P.M., at the Temecula-Community Center, 28816 Pujol Street, Temecula, California. Mayor Patricia H. Birdsall presiding. PRESENT: 4 COUNCILMEMBERS: Lindemans, Muft0z, Parks, Birdsall ABSENT: I COUNCILMEMBERS: Moore Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. Mayor Birdsall declared a recess to an executive session pursuant to Government Code Section 54956.9 (a), (b) and (c) to discuss potential litigation. The meeting was reconvened at 7:10 P.M. in regular session by Mayor Patricia H. Birdsall. INVOCATION The invocation was given by Dr. Stephen P. Struikmans, Rancho Community Church. PLEDGE OF ALLEGIANCE The audience was led in the pledge of allegiance by Councilmember Mulloz. City Manager David F. Dixon introduced Woody Edvalson, the new Assistant City Manager of the City of Temecula. PRESENTATIONS/ ' PROCLAMATIONS Mayor Birdsall presented a Certificate of Appointment to Parks and Recreation Commissioner Henry Miller. Shawn Nelson presented the Council with the Inland Empire Division, 1992 Innovative City of the Year Award received from the League of California Cities, for the City's Teen Center program. Mayor Birdsall proclaimed November 12, 1992 as "Karel Lindemans Day", and presented the proclamation to Councilmember Lindemans. ,_... CCMIN11110192 -!- 11118/92 CITY COUNCIL MINUTE8 NOVEMBER 10, 1992 proclamation to Councilmember Lindemans. Councilmember Lindemans delivered a departing speech and thanked everyone for their support. PUBLIC FORUM None Mayor Birdsall advised that Item 18 has been continued .to November 24, 1992. Mayor Birdsall stated she received signed petitions from residents which are not dated and the cover letter contradicts the action requested by the petition. Mayor Birdsall advised that Consent Calendar Item No. 6 will be pulled for discussion and Public Hearing Item 15 will be taken before Item 14. Les Pitman, 29787 Dawncrest Circle, Temecula, and a property owner on Kahwea Road, Meadowview, advised he is the spokesperson for all the property owners on Kshwea Road and presented a petition to the City Council requesting the closure of Kahwea Road. Mr. Pitman stated that he will also present the petition to the Traffic and ,Transportation Commission. CONSENT CALENDAR Mayor Birdsall advised that Consent Calendar Item No. 7 is being pulled by staff. City Attorney Scott Field advised that the action of Item No. 11 will not be approving the actual expenditure of Redevelopment Agency Funds. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to approve Consent Calendar Items I - 5 and Items 8 - 13. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Muf~oz, Parks, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore 1. Standard Ordinance Adootion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions CCMIN11110/92 -2- 11118/92 CITY COUNCIL MINUTES NOVEMBcR 10. 1992 e e e e 10. Minutes 2.1 included in the agenda. Approve the minutes of October ,27, 1992. Resolution AoDrovina List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 92 - 83 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 Reoort as of Sereember 30. 199~ 4.1 Receive and file the City Treasurer's report as of September 30, 199'2. Balloon and Wine Festival Foundation Loan Re-Payment Terms 5.1 Approve the loan re-payment terms as proposed by the Temecula Valley Balloon and Wine Festival Board of Directors. Contract Chanc;e Orders No. 12-.~3 (PW 91-04) I-15 Off-Ramp at Rencho California Road Sionalization Project 8.1 Approve Contract Change Orders No. 12 through 23 as outlined in the staff report. 8.2 Advance $77,448.18 from the Development Impact Fund and appropriate $77,448.18 to Account No. 210-165-622-5804. Award of Bid for the Acauisition of Street Name Sions and Traffic sions 9.1 Award a bid to Central Cities Sign Service in the amount of $21,639.19 for new street name signs and traffic signs; 9.2 Accept the price proposal for replacement signs and related hardware from Safeway Sign Company until June 30, 1994; 9.3 Accept the price proposal for replacement signs and related hardware from Central Cities Sign Service until June 30, 1994. Installation of Thirty (30) "STOP" Sians ~ CCldlN11110/92 -3- 11118/92 CITY COUNCIL MINUTES 10.1 11. Consideration 11.1 11.2 11.3 11.4 12. Acceot Storm 12.1 NOVFMB~R 10.1999 Adopt a resolution entitled: RESOLUTION NO. 92 - 84 A RESOLUTION OF THE CITY- COUNCIL OF THE CITY OF TEMECULA ESTABLISHING 'STOP" SIGNS of Award of Contract for the Construction Portion of the Senior Center Approve an award of contract of ~534,648 (bid amount plus 10% contingency) to Concise Construction Corporation for the building construction portion of Project No. CSD92-03, the Temecula Valley Senior Center. Approve an award of contract of $348,032 (bid amount plus 10% contingency) to I.P.S. Services, Inc., for the grading and parking portion of Project No. CSD 92-03. Approve an advance of ~533,131 from the General Fund Capital Projects Fund for the Senior Center to be reimbursed with RDA bond proceeds. Appropriate $470,188 from Unreserved Capital Projects Fund Balance to Account No. 210-199-801-5804. Drain Imorovements in Parcel MaD No. ?~515 Accept the storm drain improvements in Parcel Map No. 22515, and direct the City Clerk to so advise the developer. SECOND READING OF ORDINANCES 13. Second Reading of Public/Traffic Safetv Ordinance 13.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 92 - 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 12.01 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A TEMECULA PUBLIC/TRAFFIC SAFETY COMMISSION AND REPEALING CHAPTER 11.01 OF THE TEMECULA MUNICIPAL CODE CCMIN11/10192 -4- 11 i1We2 ~ CITY COUNCIL MINUTES NOVEMBER 10. 1992 6. Purchase of City Vehicles City Attorney Scott Field advised that Consent Calendar Item 6 has been removed from the Consent Calendar for discussion because staff was contacted by Paradise Chevrolet and advised they had submitted a bic~ of $100.00 less than the bid that is being presented tonight. Mr. Field stated staff has never received the bid from Paradise Chevrolet and believing that all procedures were handled correctly, the contract should be awarded to Schumacher Auto Sales. Mayor Pro Tam Lindemans suggested there is always a possibility that errors are made and moved to reject the bid received by Schumachar Auto Sales and start the bidding process over. Mayor Birdsall seconded the motion for discussion. Mayor Birdsall stated she feels staff is very careful in handling the bid packages. She added the figures from Paradise Chevrolet did not come forward until after the bid prices from Schumacher were published. Councilmember Mur~oz expressed concern that the same problem could arise with future bids. It was moved by Councilmember Parks, seconded by Councilmember Muftoz to call for the question. The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Councilmember Muftoz to award the purchase of two vehicles to Schumacher Auto Sales. AYES: 3 COUNCILMEMBERS: Mufioz, Parks, Birdsall NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: I COUNCILMEMBERS: Moore Deoartment of Water Resources Urban Streams Restoration Grant for' the Restoration of Murrieta Creek. Director of Public Works Tim Serlet presented the staff report. Councilmember Parks volunteered to serve on the Committee for Sound Development of Murrieta Creek. It was moved by Mayor Pro Tam Lindemans, seconded by Councilmember Parks to approve staff recommendation and appoint Councilmember Parks to serve on the Committee. .,__ CCMIN 11 I10/92 -6- 11 ii 8/92 CITY COUNCIL MINUTES The motion carried by the following vote: AYES: 4 NOES: 0 ABSENT: I COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Mayor Birdsall declared a recess at 7:50 P.M. PUBLIC HEARINGS NOV~MB;R 10, 1992 Lindemans, Mufioz, Parks, Birdsall , None Moore The meeting was reconvened at 8:12 P.M. Mayor Pro Tam Lindemans stepped down due to e conflict of interest. 15. Aooeal No. 27. Aoolicant's Aooeal of Planning Commission Decision Denying Public Use Permit No. 5 - New Community Iutheran Church Planning Director Gary Thornhill presented the staff report. Councilmember Mu~oz questioned if the traffic study indicates there is currently a traffic problem on Sundays. Tim Serlet stated that the traffic counts are based on a worst case scenario and do not take Sundays into consideration. Councilmember Parks asked if the traffic study was generated using the ultimate build- out of the project. Tim Serlet advised the study was based on the portion of the project that is before the Council. Mayor Birdsall opened the public hearing at 8:30 P.M. Louis Todd, 30645 Southern Cross Road, Temecula, church member and co-chairman of the construction committee. Mr. Todd stated that New Community Lutheran Church made every attempt to work with the Los Ranchitos Homeowner's Association and met several times with the Board and the architectural committee to review the plans. Mr. Todd advised the staff report shows that each of the concerns have been addressed with measures to mitigate. Mr. Todd reviewed the criteria in which the Planning Commission based their denial and advised speakers were present to address each of the issues for denial. Mr. Todd presented a petition containing 726 signatures in support of New Community Lutheran Church. Paul Yeltin, 38088 Avenida Bravero, Temecula, gave a presentation on the church and its services. CCIdlN11 I10/92 -6- 11 I18/92 CITY COUNCIL MINUTES NOVEMBER 1 O, 1992 Vance Henrichs, Phoenix, Arizona, consultant specializing in locating church sites, advised that he was hired by New Community Lutheran Church to assist in finding a location for their new church. Sandy Wilson, 40390 Carmelita Circle, Teme~;ula, representing Red Carpet Realty, advised that extensive research was done and a feasibility study performed prior to the purchase of the site as the location of New Community Lutheran Church, school and day care facility. AI Mendonca, 45640 Corte Montero, Temecula, realtor, discussed present market values of homes listed in Los Ranchitos, foreclosures, etc. Chris Winther, 4180 La Jolla Village Drive, Suite 500, La Jolla, attorney representing New Community Lutheran Church, addressed the CC&R'a which were enacted in 1966 and included a provision which established an architectural committee. In 1967 an amendment was made which specifically allowed commercial uses on Lot 86 (proposed church site). In conformity with the CC&R's the church submitted the plans to the architectural committee, and pursuant to the CC&R's the architectural committee had thirty (30) days to respond to those plans. Since no response was ever received, Mr. Winther stated that legally approval has been granted by the action of the Los Ranchitos HOA architectural committee. Additionally, Mr. Winther stated the situation also deals with First Amendment rights and the Council, as well as the HOA, has an obligation to protect the First Amendment rights of the citizens. Mr. Winther concluded that the proposed use of the property is clearly in conformance with the actions of the HOA in the 1967 amendment. Mayor Birdsall declared a recess at 9:06 P.M. to change the tape. The meeting reconvened at 9:09 P.M. Gordon Brecken, a civil engineer representing New Community Lutheran Church, hired to review the negative impacts stated studies conducted indicated there would be no impacts from activities within the worship facility. Robert Con, traffic engineer, representing Wilbur Smith & Associates, advised that a traffic study was performed on seven intersections and all phases of the project. The studies showed that the intersections will operate at acceptable levels, however, one intersection will require a signal (Santiago Road and Front Street) as a result of impacts from several projects. Vince DiDonato, landscape architect representing The Alhambra Group, provided an overview of the landscape plan. Tim Holt, principal architect representing The Holt Group, provided an overview of the site plan and design elevations. ,---, CCMIN 11 I10/92 -7- 11 I18/92 CITY COUNCIl MINUTES NOVI:MBI:R 10, 1992 Reverend Kenneth Moinar, 31505 Avenide Del Reposo, pastor of New Community Lutheran Church, discussed the effects and purpose of the church and the services provided by the church. Pastor Molnar read a letter received from a Los Ranchitos property owner expressing support of the church. The following individuals expressed their support for Appeal No. 27: George Hrivnak, 30657 Sky Terrace, Temecula. Angie Rardon, 30361 Mira Loms Drive, Temecula. Helen Knapp, 2155 Calle Corredor, Fallbrook. Nicole Rardon, 30361 Mira Lome Drive, Temecula. Mary Waiters, 39798 Amberlay Circle, Temecula. Alan Cook, 30962 Sheba Circle, Temecula. Janice Duncan, 30890 White Rocks Circle, Temecula. Alberta Kovach, 15061 Zieglinde Drive, Lake Elsinore. Trudy Thomas, 41386 Magnolia, Murrieta. Noble Waite, 30907 Riverton Lane, Temecula. Tim Riter, 41768, Borealis, Temecula. Councilmember Parks moved to extend the meeting at 10:00 P.M. to 11:00 P.M. Mayor Birdsall declared a recess at 10:05 P.M. to change the tape. The meeting reconvened at 1 O: 10 P.M. Mayor Birdsall suggested continuing Items No. 14, 17, and 18. All individuals present to address Item No. 14 concurred with the oontinuance. Individuals representing Item No. 17 stated they preferred to have their proposal heard tonight. Mayor Birdsall declared a recess at 10:15 P.M. The meeting reconvened at 10:25 P.M. The following individuals expressed strong opposition to the proposed church end day care/school facility: Neyree Davis, 28895 Vellejo Avenue, Temecula, president of the Los Renchitos Homeowners Association, stated that a recent telephone survey indicates 83% of the Los Ranchitos homeowners reached are against the proposal. Jim Meyler, 29930 Santiago Road, Temecula. James Kevany, 29001 Ynez Road, Temecula. Michael Tremble, 28900 Vellejo, Temecule. Paul Principe, 28960 Ynez Road, Temecula. It was moved by Councilmember Parks, seconded by Councilmember Mu~ioz to extend the meeting to 11:30 P.M. The motion was unanimously carried with Mayor Pro Tem Lindemsns abstaining and Councilmember Moore absent. CCMIN 11 I10/92 -8- 11 I18/92 ~'~, CITY COUNCIL MINUTES NOVEMBER 10, 1992 Additional speakers in opposition to the proposed church and school facility were: Linda Campbell, 28750 Vallejo, Temecula. Chuck Allen, 28565 Vallejo, Temecula. Bobbie Principe, 28960 Ynez, Temecula. Terri Gassen, 44501 Verde Drive, Temacula. Don Rohrabacher, 49281 Floras, Temecula. Linda Biancur, 29710 Vallejo, Temecula. Lenny Pechner, 30000 Santiago Road, Temecula. John Pepe,' 28980 Vallejo, Temecula. The following concerns were expressed by the residents: traffic volumes, impacts created by noise, light and air pollution, loss of rural environment atmosphere, danger to equestrian community due to increased traffic, loss of property values, incompatible with surrounding land use, and concentration of institutional facilities currently existing in the area. It was moved by Councilmember Parks, seconded by Councilmember Mufioz to extend the meeting to 12:00 P.M. The motion was unanimously carried with Mayor Pro Tam Lindemans abstaining and Councilmember Moore absent. The following individuals were present in support of the denial however, waived their time to speak: Robert Burns, 30012 Santiago Road, Temecula. Dorothy Meyler, 29930 Santiago Road, Temecula. Bruce Davis, 28895 Vallejo, Temecula. Tim Delaney, 28850 Vallejo, Temecula. Jeanne Burns, 30112 Santiago Road, Temecula. Ralph Neimeyer, 29962 Santiago Road, Temecula. Sandra Allen, 28565 Vallejo, Temecula. · Lee Biancur, 29710 Vallejo, Temecula. Robert Campbell, 28750 Vallejo, Temecula. Norm Achen, 43805 Villa Del Sur Drive, Temecula. Jack Fox, Temecula. Peggy Gagnon, 28720 Vallejo, Temecula. Sue Neimeyer, 29962 Santiago Road, Temecula. Ruth Stockton, 28685 Vallejo, Temecula. Stan Stockton, 29685 Vallejo, Temecula. Ann Delaney, 28850 Vallejo, Temecula. Lyle Paterson, 30018 Mira Loma Drive, Temecula, pastor of Hope Lutheran Church and previous property owner of the proposed church site advised the Council that due to a change of land with Kaiser they moved to their present location, however if they had known the community would grow as it did, they would have built the church at the Los Ranchitos location. Pastor Paterson advised that Hope Community Church ..,,.. CCMIN11 I10/92 CITY COUNCIL MINUTES NOVI:MBER 10, 1992 considered property in Los Ranchitos in 1990 to build a new church. At that time church principals went door-to-door and presented an amendment to the CC&R's and received 44% approval of an amendment to the CC&R'S, 22% were not in favor and 34% were undecided or uncontacted. Louis Todd expressed to the Council that the' experts spoke in all their respective forums and have shown that the concerns are being mitigated. Mayor Birdsall closed the public hearing at 11:50 P.M. Councilmember Parks stated that in considering the location for a church, day care, school, etc., he does not feel that this is the best location for the ultimate proposed project and it might be better for the church to find a location within the community that is better suited to meet the demands of the project the wishes to see completed in several phases. Councilmember Mufioz stated he feels the project should be addressed as presented and he does not see the objective data indicating that the project is going to impact traffic. Councilmember Muf~oz added that he believes the CC&R's support the proposed use and therefore he would be in support of the use. Mayor Birdsall advised she has concerns regarding the traffic impacts. Mayor Birdsall stated that after meeting with the church group she advised them that she would only be able to support the church at this location and not the entire facility. It was moved by Councilmember Parks to direct staff to prepare a resolution of denial in support of the Planning Commission's decision. Mayor Birdsall seconded for discussion. Mayor Birdsall clarified her decision was one of the best land use and not based on the church use. The motion was carried as follows: AYES: 2 COUNCILMEMBERS: Parks, Birdsall NOES: 1 COUNCILMEMBERS: Mui~oz ABSENT: 1 COUNCILMEMBERS: Moore ABSTAIN: 1 COUNCILMEMBERS: - Lindemans Mayor Pro Tem Lindemans rejoined the Council. Councilmember Mufioz excused himself from the meeting at 12:10 P.M. due to illness. CCMIN11110/92 -10- 11118/92 ~ CITY COUNCIL MINUTES NOVFMBER 10. 1992 14. Chanae of 7one No. 57.~4 and Tentative Tract Mao ~5~77 (Acacia Homes) Mayor Birdsall opened the public hearing at 10:10 P.M. It was moved by Councilmember Mufioz, secoqded by Mayor Pro Tem Lindamans to continue Change of Zone No. 5724 end Tentative Tract Mao 25277 (Acacia Homes) to the meeting on November 24, 1992. The motion was unanimously carried with Councilmember Moore absent. COUNCIL BUSINESS 16. Appointment to the Public/Traffic Safetv Commission It was moved by Councilmember Mur~oz, seconded by Mayor Pro Tam Lindemans to re-appoint Commissioner Jerry Godnick to the Public/Traffic Safety Commission. The motion was unanimously carried with Councilmember Moore absent. 17. AOOrOvxl Of Temporary Outdoor Activity Permit for Old Town's Rod Run Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 12:20 P.M. Chuck Cena, 28795 Mesa Road, Temecula, representing the Old Town Temecula Merchants Association, advised that based on the fact this event has gotten a little out of control in the past, it has been proposed that a gate fee be charged to provide adequate security, toilets, clean-up, etc. Mr. Cena added that a majority of the merchants are in favor of the event however, some are against charging a gate fee. It was moved by Councilmember Parks, seconded .by Mayor Pro .Tam Lindemans to extend the meeting to 12:30 P.M. The motion was unanimously carried with Councilmembers Moore and Muftoz absent. Mike Keenan, 431 Tracy, Orange, representing the Early Times Car Club, advised that the proposal to gate and charge admission is to provide for an orderly event. Mr. Keenan added there would be no costs to the City or the merchants to carry the event. Jerry Regier, 42817 Agena, Temecula, representing K-Hi Radio, stated that he was in support of the annual Rod Run event. Mr. Regier expressed concern that the event gets larger every year and the potential for an incident in an uncontrolled event rises. Mr. Regier concluded by saying that he feels the principals have the City's best interest in mind in proposing that Old Town be closed and a fee charged for the event. ~ CCMIN 11 I10192 - 11 - 11 I18/92 CITY COUNCIL MINUTES NOVFMBFR 10. 1992 --~ Del Austin, 2298 Reservoir Drive, Norco, outlined the proposed event. Mr. Austin stated that Early Times Car Club would propose to close Old Town Saturday and Sunday to control traffic, protect display vehicles, and hold the entire event. Mr. Austin stated that he feels the gate is very necessary to control the crowd, decrease liability, and protect the cars from damage.- Marcy DiMasi, 30425 Del Rey Road, Temecula, representing the Rod Run Committee, discussed the results of the informational meeting and ballots received concerning charging for the Rod Run event. She presented the ballots to the City Clerk for the record. Mike Keenan discussed the proposed ticket pricing and special passes. Barbara Morgan, 40249 Main Street, representing Morgan's Antiques and 16 dealers who oppose gating Old Town and charging for the event. Ms. Morgan added that she circulated e petition through Old Town and the general consensus was that it would be okay to close on Sunday however, to close down the streets for the entire weekend would place a burden on every merchant in Old Town. Tom Smisck, 42030 Main Street, Temecula, expressed his support of the event, however is against gating of event and closing Old Town for two days. Mr. Smisck suggested a monetary donation on a volunteer basis rather than charging a pre- determined rate, Mr. Smisck concluded with his concerns that the votes taken for and against the gating of the event were not handled judiciously. Bill Hepburn, 3430 S. General Kearnery Road, Temecula, expressed his support for the Rod Run Event however, he feels that there are too many' people and too many cars involved in the event. Mr..Hepburn expressed concern that Fire, Ambulance and Police cars could not get into Old Town if necessary. Mayor Birdsall exWessed her dismay at the quarrelling between all the parties. She stated that if the Rod Run event is not brought under control, it .will have to be moved out of the Old Town area due to the size of the event. Councilmember Parks stated that he feels the complimentary tickets for the merchants is a great promotional program. He added that he would like to see both the'Rod Run group and the Old Town merchants work together and come up with a amicable solution. Mayor Pro Tem Lindemans stated that he has concerns with any organization taking over the City for a weekend. He added that he would like to see compensation to the merchants. Mike Keenan clarified that by gating the Old Town, Early Times Car Club is taking full financial responsibility for the event. Projected revenues to the Old Town Temecula Merchants Association is approximately $20,000 and Temecula Town Association CCMIN11110/92 -12- 11118/92 "'~, ~-_ CITY COUNCIL MINUTES NOVEMBI:R 10, 1992 approximately $5,000 with no responsibility or liability. Lucia Becker, 28657 From Street, Temecula, representing Becker Fine Art, advised the funds that would come back to the Old Town Temecule Merchants Association (OTTMA) would be used for improvements, in Old Town and support for the O.T.T.M.A. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to extend the meeting to 1:00 A.M. The motion was unanimously carried with Councilmember Moore and Mufioz absent. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to direct staff to work with the Old Town Merchants Association to issue a Temporary Outdoor Activity Permit authorizing the Annual Rod Run as a two-day gated event in Old Town Temecula. The motion carried as follows: AYES: 3 COUNCILMEMBERS: Lindemans, Parks, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: 'Moore, Mufioz 18. Discussion of Rent Stabilization Reouests by Residents of Heritage Mobile Home Park Staff recommended continuance to the meeting of November 24, 1992. CITY MANARFR REPORT None CITY ATTORNEY REPORT None COUNCIL REPORTS None ,---, CCMIN11110/92 -13- 11118/92 CITY COUNCIL MINUTES NOVI=Mle=R 10. 1992 ADJOURNMENT Mayor Birdsall adjourned to an Executive Session at 1:00 A.M. The meeting was reconvened at 1:33 A.M. with Councilmembers Moore and Mufioz absent. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lir)demans to adjourn at 1:34 A.M. to a meeting of the City of Temecula City Council to be held jointly with the City of Temecula Planning Commission, Wednesday, November 18, 1992, 6:30 P.M., Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. The motion was unanimously carried. The next regular meeting of the City of Temecula City Council will be held Tuesday, November 24, 1992, 7:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Patricia H. Birdsall ATTEST: City Clerk, June S. Greek CCMINI 1 I10/92 -1.4,. 11 I18/92 ITEM NO. 3 RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXIHRIT 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 have been audited by the City Manager, and that the same are hereby allowed in the amount of $476,846.74 SECTION 2. The City Clerk shah certify the adoption of this resolution. APPROV!~ AND ADOPTED, this 24th day of November, 1992. ATI'F.~T: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] ~ Resos 284 I STATH OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 92-xx was duly adopted at a regular meeting of the City Council of the City of Temecula on the 24th day of November, 1992 by the following roll call vote. 0 COUNCILMEMBERS: None NOES: 0 COUNCH.,MEMBERS: None ABSENT: 0 COUNCILMI~MBERS: None June S. Greek, City Clerk ,,_, Rcsos 284 2 CITY OF TEMECULA LIST OF DEMANDS '10/29/92 TOTAL CHECK RUN: 11/05/92 TOTAL CHECK RUN: 11/12/92 TOTAL CHECK RUN: 11113/92 TOTAL CHECK RUN: 11/24/92 TOTAL CHECK RUN: 11/05/92 PAYROLL: TOTAL LIST OF DEMANDS FOR 11/24/92 COUNCIL MEETING: $1,006.21 $127,556.25 186,048.90 135,097.4.9 $136,150.25 ILI0,987.64 1476,846.14 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL $198,042.73 100 GAS TAX FUND 178,207.5e 190 TP__.~D 144,881.98 210 CAPITAL IMPR. PROJ. FUND $5,853.95 250 CAPITAL PROJECTS-TC~D 188,893.70 280 REDEVELOPMENT Ai3ENCY-CIP 377, 11 3430 INSURANCE FUND Sl ,582.44 310 VEHICLE FUND 1r23.97 320 INFORMATION8 SYSTEMS $5,723.20 330 COPY CENTER FUND $11,572.43 PAYROLL: 00t GENERAL (PAYROLL) $8~,774.76 100 GAS TAX FUND (PAYROLL) 110,219.46 1 gO TCSD (PAYROLL) I18,0/2.84 300 INSURANCE FUND 1561.20 320 INFORMATION SYSTEMS (PAYROLL.) lit.76 330 COPY CENTER FUND (PAYROLL) Sl ,2g~.82 TOTAL BY FUND: PREPARED BY MICHELLE LARSON I, ~fet~,¢,,, ~//C/J~,,4.. A,,,I,,q,,/' ,HEI:EBY CERTIPY THAT THE FOLLOWINQ IS TRUE AND CORRECT. MAR~,~ItNE MCLAIstNBY, RNANCE OFF~ I, ~ , HEREBY CERTIFY THAT THE FOLLOWIN(3 18 TRUE AND COIqI:ECT. DAVE DIXON, FrY MANAGER VOUCNRE2 11/1..TII.~2 10:36 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COHNUNITY SERVICES DISTRICT TOTAL ANOUNT 473.35 4.30 528.56 1,006.21 VOUCHRE2 11/13/92 VOUCHER/ CHECK NUHBER 13113 13114 13116 13116 13116 13116 13116 13116 13116 13116 13116 13116 10:36 CHECK DATE 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 VENDOR NUMBER 000583 000594 000160 000160 000160 000160 000160 000160 000160 000160 000160 000160 VENDOR NAME RANCHO RUNNERS KRTM FM RADIO EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPt4ENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MESSENGER SERVICE; DAIL ADVERTISEMENT 3RD QTR UNEMP/TRAIN]NG 3RD QTR UNEMP/TRAXNING 3RD QTR UNEMP/TRAINING 3RD QTR UNEMP/TRAINING 3RD QTR UMENP/TRAINING 3RD QTR UMEHP/TRAINING 3RD GTR UNENP/TRAINING 3RD QTR UNEHP/TRAINING 3RD QTR UNENP/TRAIN[NG 3RD QTR UNENP/TRA[NING ACCOUNT NUMBER 001-140-999-5210 190-183-941-5300 001-2070 190-2070 190-2350 001-2350 100-2350 190-2350 001-2350 001-140-999-5109 001-110-999-5109 001-2070 ITEM AMOUNT 157.50 200.00 173.98 152.16 177.90 52.37 4.30 1.50- 11.99 .84- 93.10 14.75- PAGE 1 CHECK AMOUNT 157.50 200.00 (~.8.71 TOTAL CHECKS 1,006.21 VOUCHREZ 11/~13~92 11:14 VOUCHER/ CHECK CHECK VENDOR VENDOR NUNBER DATE NUNBER NAIqE 13265 11/13/92 0001/~ COSTCO ~HOLESALE 13266 11/24/92 000257 RANTEK 13266 11/24/92 000257 RAHTEK CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEH ACCOUNT DESCRIPTION NUHBER ENERSON TV/VCR 280-1~-~-5264 STREET NA]NTENANCE~ STR 100-164-~-5402 STREET HAINTENANCE, STR 100-164-~9~-5402 ITEN AMOUNT 377.11 1#487.98 33,232.40 PAGE 1 CHECK AHOUNT 377.11 34,720.38 TOTAL CHECKS 35,097.49 VOUCHRE2 11/1~d,~Z 11:14 *CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERICX)S PAGE FUND TITLE 100 GAS TAX FUND 280 REDEVELOPt4ENT AGENCY - CIP TOTAL AMOUNT 3~,720.38 377.11 35,097.49 VOUCHRE2 11/!}/-.~Z Q8:59 CITY OF TENECULA VOUCliR/CHECK REGISTER FOR ALL PERIODS PAGE FUND T Z TLE 001 GENERAL FUND 100 GAS TAX FUND 190. COll4UNITY SERVICE,~ DISTRICT 210 CAPITAL ZNPROVEJ~ENT PROJ FUND 250 CAPITAL PROJECTS - TCSO 300 lli~UitANCE FLIT) 330 COPY CENTER FUIID TOTAL 53,62T.56 ?.6,195.97 !1,89/,.79 1,650.00 38,693.70 931.86 3,153 .IT 136,150.25 VOUCHRE2 PAGE 5 11/1)..L92 16:20 VOUCHER/ CHECK NUHBER 13212 13212 13212 13212 13212 13212 13212 13212 13212 13212 13212 13212 13212 13212 13212 13213 13213 13214 13215 12""'~, 13217 13218 13218 13219 13220 13221 13222 13223 13226 13226 13225 13226 13227 13227 13228 CHECK DATE 11/12/92 11/12/92 11/12/92 11/12/92 11112192 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11112192 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11112192 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEH ACCOUNT ITEN NU!qBER NANE DESCRIPTION HUHHER ANOUNT 000430 000~30 0004,30 000430 000~30 000430 000~30 000/,30 000430 000~30 000430 000430 000430 000430 000~30 GROUP ANERICA INS, PREW NOV, 92 3p0-2360 GROUP ANERICA INS. PREN/NOV, 92 320-2360 GROUP ANERICA INS, PREN/NOV, 92 330-2360 GROUP ANERICA INS, PREN/NOV. 92 001-2380 GROUP ANERICA INS, PREN/NOV. 92 100-2380 GROUP ANERICA INS. PREN/NOV. 92 190-~0 GROUP ANERICA INS, PREN/NOV. 92 300-2380 GROUP ANERICA INS. PREN/NOV. 92 320-2380 GROUP AHERICA .INS, PREN/NOV, 92 330-2380 GROUP AHER]CA INS, PREN/NOV, 92 001-2500 GROUP ANERICA INS. PREN/NOV. 92 100-2500 GROUP ANER]CA INS, PREN/NOV, 92 190-2500 GROUP ANER]CA INS. PREN/NOV. 92 300-2500 GROUP ANERICA INS, PREN/NOV, 92 320-2500 GROUP A~ERICA INS, PREN/NOV, 92 330-2500 AGLOI4 PHOTOGRAPHY 5X5 PICTURES OF COUNCIL AGLO~ PHOTOGRAPHY TAX 000440 0004,60 001-110-999-5220 001-110-999-5220 000/,56 POULTER, ANBER 80~CONTRACT/$UPER SITT 1~0'183'843'5300 000457 iJE CAN DO 80/,CONTRACT CLASS 190-183-841-5300 000459 TUNILE JI. NBLE 80X CONTRACT/GYHNASTIC$ 1~)-183-802-5300 000663 POLLAND, DAN 80X CONTRACT/COUNTRY D 190-183-83~-5300 000467 000467 000470 000471 000509 000512 000521 000560 000560 00057'5 000583 TEtEOULA VALLEY TAEIGION TEFEOULA VALLEY TAEIGiON 80X CONTRACT/TAEIGiONDO 80~CORTRACT/TAEIG,IONDO GOVERNMENT FINANCE OFFI 10~ 1NFO. RPT. IEOE & CONPANY HUNT URECKING CADET UNIFOR!q STEi/ART, BRUCE N. HASTER ['9, INC. !~STER K'9, INC. APOLLO SUEEPING, INC. RANCHO RUNNERS LAB SAFETY SUPPLY, INC. LAB SAFETY SUPPLY, INC. 000592 000592 RECYC, INC. FLEXpLAN ADNIN./OCT. RBqOVAL OF ALL VEHICLES ENTRY RUG SERVICE: CITY OPEN PURCHASE ORDER FOR DOG FOaO FOR POLICE K-9 TAX CATCH BAS]N CLEANING C! HESSENGER SERVZCE; DAZL PRODUCT #1397-Y YELLOI4 FRE]GHT CUBID YARDS COMPOST 0OO604 190-183-807-53Q0 190-183-831-5300 001-140-999-5228 001-150-999-5230 001-162-999-5250' 001-199-999-5250 001-162-999-5250 001-170-~-5327 001-170-999-5327 100-16~-999-5401 001-140-999-5210 100-164-999-5600 100-164.-999-5600 190-180-999-5212 4.76 9.50 19.00 781.55 139.92 215.69 7.58 15.05 15.07 175.43 31.65 49.15 1.75 3.43 3.63 280.00 21.70 1~..00 172.80 584.80 200.00 392.00 160.00 26. O0 240.80 17,725.00 170.00 22.00 1.71 975. O0 165.00 418.60 8~.00 440.00 CHECK AHOUNT 2,237.48 301.70 14~.00 172.80 584.80 200.00 532.00 26.00 240.80 17,725.00 34.25 170.00 23.71 975. O0 165.00 507.40 VOUCHREZ 11/1~/.22 VOUCHER/ CHECK Nt. INBER 13228 13229 13229 13229 13230 13231 13232 13232 13233 13233 13233 13234 13235 13235 13236 13238 137.39 13240 13241 16:20 CHECK DATE 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 VENDOR NUNHER 000604 000616 000616 000616 000642 000651 000654 000654 000658 000658 000658 000659 000677 000677 000683 000690 00069'5 000694 000695 0006~6 VENDOR NAME RECYC, INC. U.S. DEPARTNENT OF'COIe~ U.S. DEPARTMENT OF CONN U.S. DEPARTNENT OF CONN CITY OF TENECULA - FLEX COMNUNITY NEk/S FISCHER'S FRANE-UP & GR FISCHER'S FRANE-UP & OR 14ALTER ii. CRIBBINS CONP 14ALTER 14. CRIBBINS CQNP 14ALTER 14. CRIBBINS CONP LIGHTFOOT PLANNING OROU RANCHO SIGN & $CREENPRI RANCNO SIGN & SCREENPRI SOUTHERN CALIF. BERGEN LEGGETT, HARK T I GER SOFTWARE INTERNAT]QNAL CITY/COUN INSTITUTE OF TRANSPQRTA BOY SCOUTS OF AMERICA CiTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ZTEN DESCR i PT I OR TAX PB87-199-576 SIC INDEX BILLING FEE FRE I GHT REIHB. FLEX. BENEFIT AC HAUNTED HOUSE AD; 4"X6" FRANE FOR PEG NOORE'S TAX HC8139; JR. CRINEFIGHTE FREIGHT TAX PROFESSIONAL SERVICES F 3' X ~0' DOUBLE FACED # TAX I,/ONKSHP REGISTRATION REINBUSEHENT FOR HEALS SOFTt~kRE UPGRADE ANNUAL NEHBERSHIP/93 HA NEMBERSHIP DUE$/92-9~ BOY SCOUT (EXPLORER) IN TOTAL CHECKS ACCOUNT NUNHER 1~;~0-180-~-5212 320-1~-~-5221 320-1~9-ggg-5221 320-1~-~-5221 001-1020 190-180-~-5254 001-100-~-5220 001-100-~-5220 001-170-~-5292 001-170-~9-5292 001-170-~-5292 190-180-~-5250 190-180-999-5244 190-180-~-52~. 001-150-~-5258 001-170-~-5258 320-1~-~-5221 001-110-~-5226 001-163-~-5226 001-170-~-5235 ITEN AMOUNT 34.10 195.00 7.50 3.00 7,060.31 126.00 55.48 4.30 150.00 3.42 11.63 700.00 858.00 66.50 80.00 65.59 77.85 518.68 163.50 121.50 PAGE CHECK AHOUNT 474.10 205.50 7,060.31 126.00 59.78 165.05 700.00 924.50 80.00 65.59 77.85 518.68 163.50 121.50 VOUCHRE2 'rwo~.,~. 14:47 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE FUND T|TLE 001 GENERAL FUND 100 GAS TAX FUND 190 COleeJNITY SERVICES DISTRICT 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORNATION SYSTEMS 330 COPY CENTER FUND TOTAL mT 84,3~8.15 9,917.~9 20,0~5.14 394.37 84~.85 7;578.32 127,556.25 VOUCHRE2 PAGE 2 11/05,'~. 14:47 VOUCHER/ CHECK NUMBER 13117 13118 13118 13119 113115 13125 13126 13126 13126 13127 13127 13128 13129 13130 13131 13131 13131 13131 13131 13131 13131 13131 13131 13131 13131 13131 13131 13131 13131 13131 13132 13132 13133 13133 13133 13133 13133 13133 CHECK DATE 11/03/92 11/03/92 11/03/92 11/03/92 11/10/92 11/05/92 11105192 11105192 11105192 11/05/92 11/05/92 11105192 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11105192 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 VENDOR NUMBER 000381 000238 000238 000~08 000123 000105 000114 000114 000114 000127 000127 000138 000154 000155 000155 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000178 000178 000180 000180 000180 000180 000180 000180 VENDOR NAME TIRITILL], STEVE J. FINAL TOUCH MARKETING FINAL TOUCH MARKETING AGRICREDIT ACCEPTANCE C BURKE W[LLIAMS & SORENS AEI SECURITY, INC. AT &T AT&T AT & T CALIFORNIAN CALIFORNIAN CITICORP NORTH AMERICA CSNFO DAVLIN DAVL]N GLENNIES OFFICE PRODUCT GLENNIES OFFICE PROOUCT GLENNIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENNIE$ OFFICE PROOUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PROOUCT GLENNIE$ OFFICE PRODUCT GLENHIES OFFICE PROOUCT GLENNIE$ OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENNIE$ OFFICE PROOUCT GLENHIES OFFICE PRODUCT GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GRAY BAR ELECTRIC GRAY BAR ELECTRIC GRAY BAR ELECTRIC GRAY BAR ELECTRIC GRAY BAR ELECTRIC GRAY BAR ELECTRIC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERZOOS ITEM DESCRIPTION NOVEMBER RENT/92 PR &ADM/N./NOV. 92 MEDIA PLACEMENT FEES/N TRACTOR LEASE/NOV. 92 PRO. SERV./SEPT. 92 ALARM NON%TOR%NG: NOV. TOLL FREE 800 CONSLIER TOLL FREE 800 BUSINESS FREIGHT CONTRACT ORDER FOR THE LEGAL ADVERTISING FY 92 NOV. PAYHENT/PHONE SYS MEMBERSHIP JAN 1,92'DEC DUPLICATION SERVICE AUOIO/VZDEO PRODUCTIOR J4-124-41 1~ DESK CA TAX EPSOM 02-8766 DFX-8000 ALPS 02-P40019A P2100 R NEON BANNER ROLL L5-573 NEON BANNER ROLL LS-ST3 TAX 5AJ3 E717-50 1993 CALEN 5AD$654YW 3")(3" POST-IT 5AD3356T;S 4"X6" RULED P 5ARBC]BBK: DESK TOP TAPE 5AJ47011-0 DESK TOP 199 5AJ4PN12-28 199~ WALL C 05-21104 MORKSTATION EA D [ SCOUNT TAX SCSI CONTROLLER CARD W/ TAX GNP P17077 - PLUG LINE FRE I GHT TAX ATBCLC 1000' SILVER SAT FRE I GHT TAX ACCOUNT NUMBER 001-100-9~-5411 001-100-~-5411 190-180-~9-5239 001-130-~-52~6 190-182-~-5250 320-199-~-5208 320-199-~-5208 320-1W-~-5208 001-161-~-5256 001-120-999-5256 320-1~-999-5;239 001-140-~-5226 001-161-~-5250 001-100-999-5250 001-161-9~9-5220 001-161-~9-5220 320-19f-~-5221 320-1~-~-5221 320-1~-9ff-5221 320-199-99~-5221 320-1~-~-5221 001-162-~-5220 001-162-~-5220. 001-162-~-5220 001-162-~-5220 001-162-~-5220 001-162-999-5220 001-162-~-5220 001-162-999-5220 001-162-9f9-5220 320-1~-~-5221 320-1~-~-5221 320-199-9f~-5221 320-1~-99~-5221 320-19f-~9-5221 320-1~-9~-5221 320-1~-9~-5221 320-19~-~-5221 ITEM AMOUNT 3,459.95 1,750.00 3,974.88 846.02 .2,748.36 35.00 29.85 44.85 18.0/. 55.75 66.60 1,427.57 85.00 165.:~ 700.00 5.14 .40 148.50 51.75 5.02 5.02 16.30 7.48 7.08 7.74 1.89 19.50 4.35 15.25 3.81 - 4.61 100.00 110.00 2.10 8.53 97.51 3.93 7.56 CHECK AMOUNT 3,459.95 5,724.88 846.02 2,748.36 35.00 92.74 122.35 1,427.57 85.00 865.34 296.22 107.75 229.(:3 VOUCHRE2 CZTY OF TEMECULA 11/05/92 14:47 VOUCHER/CHECK REGISTER FOP ALL PERZOOS PAGE VOUCHER/ CHECK CHECK VENDOP VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 131:~ 11/05/92 000184 GTE 7146941989/OCT. 92 001-1300 13134 11/05/92 000184 GTE 71~6961989/OCT. 92 0d1-1220 13134 11/05/92 000184 GTE 7166941989/OCT. 92 320-199-999-5208 13134 11/05/92 000184 GTE 7166953539/OCT. 92 320-199-999-5208 13134 11/05/92 000184 GTE 71~69923091 OCT. 92 320-199-999-5208 13135 11/05/92 000206 KINKO'S COPIES OPEN P,O. FOP MISC, SER 330-199-999-5590 13135 11/05/92 000206 KINKO'S COPIES GENERAL PLAN XEROXING 001-161-999-5220 13135 11/05/92 000206 KINKO'S COPIES OPEN P.O. FOP MiSt. SER 330-199-999-5590 173.50 233.83' 1,655.18 24.90 23.30 59.70 270.45 21.44 2,110.71 351.59 13136 11/05/92 000218 MAR]LYN'S COFFEE SERVIC COFFEE SERVICE; CiTY HA 001-199-999-5250 127.27 127.27 13137 11/05/92 000224 MELAD & ASSOCIATES PLAN CHECKS # 579 & 580 001-162-999-52~8 13138 11/05/92 000261 OPANGE SPORTING GOODS TC 12 DEBEER SOFTBALLS 190-18~-905-5300 13138 11/05/92 000241 ORANGE SPORTING C_a3OO_S TC 12 DEBEER SOFTBALLS 190-183-906-5300 13138 11/05/92 000241 ORANGE SPORTING GOOOS TC 12 DEBEER SOFTBALLS 190-183-907-5300 13138 11/05/92 000241 ORANGE SPORTING GO00S TAX 190-183-905-5300 13138 11/05/92 000261 ORANGE SPORTING GOOOS TAX 190-18~-906-5300 13138 11/05/92 000241 ORANGE SPORTING GCX:iOS TAX 190-183-907-5300 270.00 265.65 132.83 132.82 20.59 10.30 10.29 270.00 572.48 13139 11/05/92 000243 PAYLESS DRUG STOPE OPEN ACCOUNT FOP FILM 001-162-999-5222 45.23 45.23 13~.a 11/05/92 000266 PERS EMPLOYEES' RETIREM INS. PREH./NOV. 92 001-2090 13 11/05/92 000246 PER$ EMPLOYEES' RETIREM INS. PREM./NOV. 92 100-2090 13140 11/05/92 000266 PERS EMPLOYEES' RETIREM INS. PREM./'NOV. 92 190-2090 13140 11/05/92 000266 PERS EMPLOYEES' RETIREM INS. PREN./NOV. 92 300-2090 13140 11/05/92 000246 PERS EMPLOYEES' RETIREM INS. PREM./NOV. 92 330-2090 13140 11/05/92 0002~6 PERS EMPLOYEES' RETIREN INS. PREM./NOV. 92 001-1180 13160 11/05/92 000266 PERS EMPLOYEES' RETIREM ADMIN. FEES 001-150-999-5250 13140 11/05/92 0002~6 PERS EMPLOYEES' RETIREIq 000266 PER REDE 001-2130 13140 11/05/92 0002~6 PERS EMPLOYEES' RETIREH 0002~6 PER REDE 100'2130 13140 11/05/92 000246 PERS EMPLOYEES' RETIREM 0002~6 PERS RET 001-2590 13140 11/05/92 0002~6 PERS EMPLOYEES' RET[REH 0002~6 PERS GET 100'2390 13160 11/05/92 0002~6 PER$ EMPLOYEES' RET[REM 0002~6 PERS RET 190-2390 13140 11/05/92 0002~6 PER$ EMPLOYEES' RETIREN 0002/,6 PERS RET 300'2390 13160 11/05/92 000246 PERS EMPLOYEES' RETIREN 0002~6 PERS GET 320-2390 13140 11/05/92 0002~6 PER$ EMPLOYEES' RETIREN 0002~6 PER$ RET 330-2390 13160 11/05/92 0002~6 PERS EMPLOYEES' RETIREN 0002~6 SURVIVOR 001-2390 13140 11/05/92 0002~6 PERS EMPLOYEES' RETIREN 0002~6 SURVIVOR 100-2590 13140 11/05/92 000266 PER$ EMPLOYEES' RETIREM 0002~6 SURVIVOR 190-2390 13140 11/05/92 000246 PER$ EMPLOYEES' RETIREN 000246 SURVIVOR 300-2390 13140 11/05/92 000246 PERS EMPLOYEES' RETIRFJq 000246 SURVIVOR 320-2390 13160 11/05/92 000246 PER$ EMPLOYEES' RET]REN 000246 SURVIVOR 330-2390 13141 11/05/92 000269 PETTY CASH CASH REINB./CITY EMPLOY 190-183-941-5300 13141 11/05/92 000249 PETTY CASH CASH REIMB./CITY EMPLOY 190-180-999-5260 13141 11/05/92 000249 PETTY CASH CASH REIMB./C[TY EMPLOY 190-180-999-5263 13141 11/05/92 000249 PETTY CASH CASH REIMB./C[TY EMPLOY 190-180-999-5220 13142 11/05/92 000260 RAN-TEC RtiBER STAMP NF DESK NAMEPLATE 190-180-999-5220 13,189.65 3,466.21 6,531.73 142.48 583.05 161.62- 126.98 42.94 171.76 9,388.97 1,703.36 2,504.71 92.25 183.21 202.58 53.81 8.59 14.88 .47 .93 1.86 79.87 49.68 15.00 54.58 15.20 36,268.60 199.13 ~OUCHRE2 11/05/92 16 IOUCHER/ :HECK CHECK VENDOR 4UMBER DATE NUMBER 13142 11/05/92 000260 13143 11/05/92 000261 13143 11/05/92 000261 13143 11/05/92 000261 13146 11/05/92 000266 13144 11/05/92 000266 13145 11/05/92 000269 13145 11/05/92 000269 13145 11/05/92 000269 13145 11105192 000269 13145 11/05/92 000269 13165 11/05/92 000269 13146 11/05/92 000283 13146 11/05/92 000283 13166 11/05/92 000283 13146 11/05/92 000283 13146 11/05/92 000283 13146 11105192 000283 13146 11/05/92 000283 131.~,.,11/05/92 000283 131~ 1/05/92 000283 13166 11/05/92 000283 13146 11/05/92 000283 13166 11/05/92 000283 13147 11/05/92 000291 13148 11/05/92 000296 13168 11/05/92 000296 13148 11/05/92 000294 13148 11/05/92 000296 13168 11/05/92 13148 11/05/92 000294 13149 11/05/92 000307 13150 11/05/92 000325 13150 11/05/92 000325 13150 11/05/92 000325 13150 11/05/92 000325 13151 11/05/9Z 0003~2 13152 11/05/92 000345 13153 11/05/92 000377 VENDOR NAME RAN-TEC RUBBER STAMP MF TAX RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RIGHTklAY RIGHTHAY RIVERSIDE OFFICE SUPPLY RIVER$IDE OFFICE SUPPLY RIVERS]DE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY CITY OF TENECULA VOIJCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCR]PTIOR OPEN P.O. BLUEPRINTING OPEN P.O. BLUEPRINTING OPEN P.O. BLUEPRINTING 2 PORTABLE TOILETS; ZER REINSTATE AMOUNT; '*FULL VIS N425-12 BLACK NUNBE SkeI 11302; HEAVY DUTY S 4-DRAWER FILE CABINETS OXF 6210 1/'52 BLUE FOLD ACM 43118; 8" SCISSORS TAX SECURITY PACIFIC NATION 000203 FICA/NED SECURITY PACIFIC NATION 000283 FICA/NED SECURITY PACIFIC NATION 000283 FICA/MED SECtJRITY PACIFIC NATION 000283 FICA/NED SECURITY PACIFIC NAT]ON 000203 FICA/NED SECURITY PACIFIC NATION 000283 FICA/MED SECURITY PACIFIC NATION 000283 U$1T SECURITY PACIFIC NATION 000283 USlT SECURITY PACIFIC NATION 000283 USIT SECURITY PACIFIC NATION 000283 USIT SECURITY PACIFIC NATION 000283 USIT SECURITY PACIFIC NATION 000283 USIT SPEE DEE OIL CHANGE & T STATE CaeEN$ATION INS. STATE COMPENSATION INS. STATE COleEN$ATION INS. STATE COMPENSATION INS, STATE COMPENSATION INS, STATE COleENSATION INS, TENECULA TROPHY UNITED ~AY OF THE INLAN UNITED WAY OF THE ]NLAN UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN rINDSON PARTNERS - RANC XEROX CORPORATION BILLI BIRDSALL, PATRICZA REPAIR & NAINTENANCE;VE PAYlENT VORKERS' CONP. PAYMENT k'ORKERS" COMP. PA'rNENT IK)RKERS' COI4P. PAYlENT I,/ORKERS' COI4P. PAYMENT i, IQ~KERS' COHP. PAYMENT WORKERS' COMP. OPEN P.O. FOR TROPHY AW 0O0325 U~ 000325 UW 000~25 UM 000325 tN NOV. 92 RENT 5100 XERPX LEASE/NOV. 9 TRAVEL EXP. REINB. OCT. ACCOUNT NUMBER ,190;180-999-5220 190-180-999-5268 190-180-999-5268 190-180-999-5268 190-180-999-5238 190-180-999-5238 001-160-999-5220 001-160-999-5220 001-140-999-5220 001-160-999-5220 001-160-999-5220 001-160-999-5220 001-2077 100-2070 190-2070 300-2077 320-2077 330-2070 001-2077 100-2077 190-2070 300-2077 320-2077 330-2077 310-164-999-5216 001-2377 100-2370 190-2370 300-2377 320-2377 330-2370 190-182-999-5300 001-2120 100-2120 190-2120 300-2120 001-199-999-52.~ 330-199-999-5582 001-100-999-5258 ITEM AMOUNT 1,18 15.51 3.23 7.81 114.78 58.50 6.45 39.87 218.00 10.35 29.76 23.60 2,10~.83 360.00 ~2.7Q 19.33 37.30 60.77 8,850.90 1,630.78 2,195.30 73.57 208.36 57.25 32.14 6,0~3.07 2,158.88 2,510.41 45.46 128.64 260.88 67.75 8.00 16.00 1.25 29,118.71 2,345.00 29.39 PAGE CHECK AMOUNT 16.38 26.55 173.28 328.03 16,211.00 32.16 11,127.36 25.86 91.00 29,118.71 2,:~.5.00 29.39 VOUCHRE2 11/05J.92 VOUCHER/ CHECK NUMBER 13154 13154 13155 13156 13156 13156 13156 13156 13156 13156 13156 13156 13156 13156 13156 13157 13157 13158 13r' 13160 13161 13162 13163 13164 13165 13165 13165 13165 13166 13166 13166 13166 13166 13167 13168 13169 14:47 CHECK DATE 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/9Z 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 VENDOR NUMBER 000389 000389 000~03 000666 000666 000666 000666 000666 000~ 0006~6 000666 000~ OOO/:~ OOO~ 000666 ooo~70 ooo~/8 000692 000512 000557 000580 000581 000596 0006~ 000656 000656 000656 000656 000657 000657 000657 000657 000657 000661 000680 000681 VENDOR NAME USI:34 USCM $HAtt SCOTT POOL & SPA CITY OF TENECtJLA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTICIN 000389 PT RETIR 000.389 PT RETIR POOL SERVICE FOR OCT. 9 EMPLOYMENT DEVELOPMENT 0004~ CAIT EMPLOYMENT DEVELOPMENT 000&~, CAIT EMPLOYMENT DEVELOPfliNT 00046~ CAIT EMPLOYMENT DEVELOPMENT 000/~ CAIT EMPLOYMENT DEVELOPEWT 000/,4~ CAIT EMPLOYMENT DEVELOPtENT 0004/~ CAIT EMPLOYMENT DEVELOPNENT 0006/~ EMPLOYMENT DEVELOI~NT 000444 EMPLOYMENT DEVELOPMENT 000666 SDI EMPLOYMENT DEVELOPMENT 000666 $DI ENPLOYI4ENT DEVELOPMENT ~ SDI EMPLOYMENT DEVELOPRENT 000666 $01 FAST SIGNS FAST SIGNS HENRY, MARY JANE CADET UNIFORM JOHNSON REPEATER PHOTOgORKS NATURES RECIPE LEAGUE OF CA CITIES/LAF AMERICAN SOCIETY OF ClV TEMPLETON PLANNING GROO TEMPLETON PLANNING GROU TEMPLETON PLANNING GROU TEMPLETON PLANNING GROO LIBERTY AUTO LIBERTY AUTO LIBERTY AUTO LIBERTY AUTO LIBERTY AUTO CANAK$ DRYtdALL, INC. HEALTH WET SIGN TO CLOSE TOT AREA TAX TRAVEL EXP. REIMB. OCT. ENTRY RUG SERVICE: CITY PALOMAR BASE,MI3ILE/NO PRINTS ' TO - SLIDES OPEN P.O. FOR DOS FOOD; 92' FINANCIAL RAN. SERI D.S. MEMBERSHIP DUES 92 PROFESSIONAL SERVICES; DELIVERY MILEAGE REPROOUCTION PARTS $36.10 LABOR CHARGE OR REPAIRI LAiOR CHARGE ON PAINTIN EPA/VASTE DISPOSAL CHAR TAX STEEL SI'UO FRAHING DRY~ REPLENISH POSTAGE COBRA PHT/OCT. & NOV. ACCOUNT NUMBER 001-2160 196-216o 190-180-999-5212 001-2070 100-2070 190-2070 300-2070 320-207O 330-2070 001-2070 100-2070 190-2070 300-2070 320-2070 330-2070 190-180-999-5266 190-180-999-52~ 001-160-999-5258 001-199-999-5250 001-199-999-5209 190-180-999-5250 001-170-999-5327 001-160-999-5258 001-163-999-5226 . 001-160-999-5268 001-160-999-5268 001-160-999-5268 001-160-999-5268 310-163-999-5216 310-163-999-5216 310-163-999-5216 310-163-999-5216 310-163499-5214 190-183-961-5300 330-1~-~-5230 001-1180 ITEM AMOUNT 373.18 266.06 267.00 2,052.27 337.68 436.38 16.27 43.57 8.32 473.32 ?2.43 186.29 3.29 16.08 17.56 90.00 6.98 9.50 34.25 186.00 84.05 33 160.00 150.00 250 .OO 70.87 5.85 130.22 131.70 512.20 158.60 2.00 10.21 990.00 4,000.00 329.70 PAGE CHECK AMOUNT 639.24 247.00 3,~.46 96.98 9.50 36.25 186.00 86.05 33.9~ 160.00 150.00 656.96 816.71 990.OO 4,000.00 3Z9.70 VOUCHRE2 11/05,/,~. VOUCHER/ CHECK NUNBER 13170 13171 13172 14:47 CHECK DATE 11/05/92 11/05/92 11/05/92 VENDOR NLIHBER 000682 000683 000684 VENDOR NANE IOJPFERNAN# STEVE SOUTHERN CALIF. EHERGEN DIEHL, EVANS & CONPANY CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEH DESCRIPTION SEISIqIC/GEOLORIC SPEAKE REGIST. EARTHQUAKE t4ORK REG, TAX HORKSHOP/12/9 ACCOUNT NUNBER 001-170-~-5292 001-140-~<~-5258 001-140-99~-5258 ITEM AMOUNT 80.00 40.00 50.00 PAGE 6 CHECK AMOUNT 80.00 40.00 50.00 TOTAL CHECKS 127,556.25 VOUCHRE2 11/12//,~. 16:20 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 CONNUNITY SERVICES DISTRICT 210 CAPITAL INPROVENENT PROJ FUND 300 INSURANCE FUND 310 VEHICLES FUND 320 ]NFORHATION SYSTENS 330 COPY CENTER FUND TOTAL ANOUNT 59,59S.67 7,369.25 12,393.69 4,203.95 253.21 77.12 1,317.47 840.74 VOUCHRE2 11/12//92 VOUCHER/ CHECK NUMBER 13120 13173 13173 13173 13173 13173 13173 13173 13174 13174 1317~ 13174 1317~ 13174 13174 13174 13174 13174 13174 13174 13174 13175 13176 13177 13181 13182 13183 13183 13183 13183 13183 13184 1318~ 13185 13185 13186 13186 13186 13186 16:20 CHECK DATE 11/06/92 11/05/92 11/05/92 11105192 11105192 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/05/92 11/06/92 11/06/92 11/06/92 11/12/92 11112192 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 11/12/92 1i/12/92 11/12/92 VENDOR NUMBER 000499 000245 000265 0002/*5 000245 0002/*5 000245 0002/,6 000246 0002/*6 000246 0002/*6 0002/*6 ' 000246 0002/*6 000246 000246 000246 000266 000266 000266 000692 000691 00037~ 000100 000116 000116 000116 000116 000116 000127 000127 000136 000136 000137 000137 000137 000137 VENDOR NAME SCCCA PERS (HEALTH %NSUR.PREM PER$ (HEALTH INSUR.PREM PERS (HEALTH %NSUR.PREM PER$ (HEALTH INSUR.PREM PER$ (HEALTH INSUR,PREM PER$ (HEALTH INSUR.PREM PERS (HEALTH INSUR.PREM PERS EMPLOYEES' RETIREM PER$ EMPLOYEES' RETIREM PERS EMPLOYEES' RETZREM PER$ EMPLOYEES' RETIREN PERS EMPLOYEES' RETiREN PERS EMPLOYEES' RETIREM PER$ EMPLOYEES' RETIREM PERS EMPLOYEES' RETIREM PER$ EMPLOYEES' RETIREM PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RETIREM PER$ EMPLOYEES' RETIREM PER$ EMPLOYEES' RETIREH PERS EMPLOYEES' RETIREM MAURICE CARRIE VINERY WESCOR 92' DEAN DAVIDSON KNAPP, JANICE ALLIED BARRICADE CONPAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN CALIFORNIAN CALIFORNIAN CHESHIRE EHBROIDERY CHESHIRE EMBROIDERY CHEWOR U.S.A. INC. CHEVRON U.S.A. INC. CHEVEOR U.S,A, INC. CHEWOR U,$,A, INC, CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCR]PTZON ACCOUNT NUMBER CCAC MEETING/NOV. 20,14 [NSUEANCE PREM./NOV. 9 INSURANCE PREM./NOV. 9 INSURANCE PREM./NOV. 9 INSIJRANCE PREM./NOV. 9 INSURANCE PREM./NOV. 9 INSURANCE PREM./NOV. 9 INSURANCE PREM./NOV. 9 oo!-12o-~9-526o ool-2o9o 100-2090 190-2090 300-2090 330-2090 001-1180 001-150-999-5250 REG. EMPL. RETIR, P/R 1 REG, EMPL, RETIR, P/R 1 REG. EMPL. RETIR. P/R 1 REG, EMPL, RETIR, P/R 1 REG. ENPL, RETIR, P/R 1 REG. ENPL, RETIR. P/R 1 REG, ENPL, RETIR, P/R 1 REG, ENPL. RETIR.. P/R 1 REG, EMPL, RETIR. P/R 1 REG. EMPL. RETIR, P/R 1 REG, ENPL, RETIR, P/R 1 REG, EMPL, RETIR, P/R 1 REG, EMPL. RETIR, P/R 1 REG, EMPL, RETIR, P/R 1 001-2130 100-2130 001-2390 100-Z390 190-2390 300-2390 320-2390 330-2390 001-2390 · 190-2390 300-2]90 320-2390 330-2390 DEPOSIT/DEC. MEETING 001-1652 ELECTRONICS CONv. BOOTH 001-110-999-5204 ARCHITECTURAL & ENGINEE 210-199-801-5804 REFUND/CANCELLED CLASS 190-183-48~0 EMERGENCY SIGN SUPPLIES 100-166-999-52/~ . INS. PREM./NOV. 92 INS. PREM./NOV. 92 INS. PREH./NOV. 92 INS. PREM./NOV. 92 INS. PREM./NOV. 92 001-2310 100-2310 190-2310 300-2310 330-2310 CONTRACT ORDER FOR THE 001-161-999-5256 CONTRACT ORDER FOR THE 001-161-999-5256 6" CITY SEALS, EMBROIDE 001-110'~'5220 TAX · 001-110-~99-5220 CITY NARAEERS OFFICE GA 001-110-999-5263 POLICE GAS CARD 001-170-999-5262 O & S GAS CARD 001-162-999-5263 PLANNING GAS CARD 001-161-999-5262 ITEM AMOUNT 25.00 13,189.45 3,466.21 /*,531.73 142.48 585.05 161.62' 126.98 42.94 171.76 9,388.97 1,703.36 2,504.71 92.25 185.21 202.58 53.81 8.59 ,47 .93 1.86 250.00 3,097.00 /*,203.95 27.00 64.28 /*06.96 103.70 112.90 3.9/* 15.75 29 ./.3 32.52 300.00 23.25 ~.55 10.00 PAGE 2 CHECK AMOUNT 25.00 21,878.28 14,370.32 250.00 3,097.00 ,. 4,203.95 . 27.OO 64.28 643.25 61.95 323.25 206.44 VOUCHRE2 11/12~2 16:20 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PER]OOS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 13187 11/12/92 0001/.0 13187 11112/92 0001/.0 13187 11/12/92 0001/.0 13187 11/12/92 000140 VENDOR NAME COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLOR]AL LIFE & ACCIDEN ITEM DESCRIPTION INS, PREM./NOV. 92 INS. PREM./NOV. 92 INS. PREN,/NOV. 92 INS, PREN,/NOV. 92 ACCOUNT NUMBER 0~1-2330 100-2330. 190-2330 190-2500 ITEM AHOUNT 121.00 19.50 76.25 87.50 CHECK AMOUNT 304.25 13188 11/12/9Z 000155 DAVLIN AUDIO/VIDEO PROD./NOV. 001-161-~-5250 154.20 154.20 13189 11/12/92 000156 13189 11/12/92 000156 13189 11/12/92 000156 DENTICARE OF CALIFORNIA DENTICARE OF CALIFORNIA DENTICARE OF CALIFORNIA INS, PREN./NOV. 92 INS, PREM./NOV. 92 [MS. PREN./NOV. 92 001-2340 100-23~0 001-150-999-5250 27.90 27.90 15.00 70.80 13190 11/12/92 000165 FEDERAL EXPRESS EXPRESS PACKAGES/OCT. 001-163-gf9-5230 39.34 39 .:~ 13191 11/!2/92 000177 13191 11/12/92 000177 13191 11/12/92 000177 GLENMIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT OFFICE SUPPLIES OPEN ACCOUNT FOR OFFICE OPEN P.O, MISC. ITEMS; 001-110-999-5220 001-1/.0-999-5220 001-140-999-5220 333.38 81.82 93.82 509.02 13192 11/12/92 000180 GRAY BAR ELECTRIC 13192 11/12/92 000180 GRAY BAR ELECTRIC 13192 11/12/92 000180 GRAY BAR ELECTRIC 13192 11/12/92 000180 GRAY BAR ELECTRIC 13193 11~12/92 000184 GTE 13 11/12/92 000186 HANKS HARDVARE 13194 11/12/92 000186 HANKS HARDVARE 13194 11/12/92 000186 HANKS HARDMARE 13194 11/12/92 000186 RANKS RARDMARE 13194 11/12/92 000186 RANKS HARDMARE 13194 11/12/92 000186 HANKS HARDMARE 13194 11/12/92 OOO186 HANKS HARDMARE 13194 11/12/92 000186 HANKS HARDMARE 13194 11/12/92 00018& HANKS HARDMARE 13194 11/12/92 000186 HANKS HARDMARE 13194 11/12/92 000186 HANKS HAlE 13194 11/12/92 0OO186 HANKS HARDMARE 1319/* 11/12/92 00018~ HANKS HARDMARE 13194 11/12/92 000186 RANKS HARDMARE 13194 11/12/92 000186 HANKS HARDMARE 13194 11/12/92 00018~ HANKS HARDMARE 13194 11/12/92 000186 HARKS HARDMARE 13194 11/12/92 000186 HANKS HARDMNtE 13195 11/12/92 000193 ZCNA 13196 11/12/92 000206 KINKO'S COPIES 13197 11/12/92 000209 L & M FERTILIZER 13198 11/12/92 000211 STEVE LEE FRAMING 13198 11/12/92 000211 STEVE LEE FRAMING URBX - 3N BUTT CORNECTO IX ' 3N BRIDGE CORNEC FREIGHT TAX OCTOBER PHONE SERVICES OPEN P,O, TCSD NISC, IT MISC. INSPEC'TIOR SUPPL 2' CHAIN DMLS PLYMOOD CHICKEN MIRE 2X/*X8 BLACK SPRAY PAINT HASKING TAPE DUCK TAPE RAILS HAIqHERS SHALLBOX NAILS HINGES ROPE EXTRA ITEMS TAX INV. #18~821 ITEM#11 HI REINVENTING GOVN'HT BOO GENERAL PLAN XEROXING MISC. RAINTENANCE SUPPL FRAHEING FOR COUNCIL PH HAT #1 320-199-999-5221 320-199-999-5221 320-1~-999-5221 320-199-999-5221 320-199-999-5208 190-180-~99-5212 001-163-999-5218 190-183-9/,1-5300 190-183-9/.1-5300 190-183-941-5300 190;183-9/.1-5300 190-183-941-5300 190-183-9/.1-5300 190-183-961-5300 190-183-9/.1-5300 190-183-9/.1-5300 190-183-9/.1-5300 1~0-183-941-5300 190-183-9/.1-5300 190-183-941-5300 190-183-9/.1-5300 1~0-183-92,1-5300 1~0-183-941-5300 001 - 110-~-5228 001 - 161-999-5220 100-164-99~-5218 001-110-999-5220 001 - 110-~99-5220 11.12 12.81 2.10 1.86 555.93 209.32 86.3~ 3.16 2.90 155.88 17.89 8.64 16.76 11.98 7.9O 6.98 1.58 13.50 3.59 20.5/* 19.77 3.23- 24.50 29.95 25.80 318.00 164.00 27.89 555.93 587.88 29.95 25.80 VOUCHRE2 CITY OF TEMECULA 11/12~2 16:20 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUHBER DATE NUMBER NAHE DESCRIPTION NUHBER ITEM AMOUNT CHECK AMOUNT 13198 11/12/92 000211 STEVE LEE FRAHING GLASS 0~1-110-~-5220 13198 11/12/92 000211 STEVE LEE FRM4ING NOUNriNG 001-110-~-5220 13198 11/12/92 000211 STEVE LEE FRAHING FITTING 001-110-~-5220 13198 11/12/92 000211 STEVE LEE FRAMING TAX 001-110-~-5220 114.75 150.00 75.75 63.74 886.24 13199 11/12/92 000220 HAURICE PRINTERS OU]CK NEIGHBORHOOD WATCH NEWS 001-170-999-5222 13199 11/12/92 000220 HAUR]CE PRINTERS QUICK TAX 001-170-999-5222 176.00 13.64 189.64 13200 11/12/92 000226 MICRO AGE COIqPUTER CENT HIGH VOLTAGE POWER SUPP 320-199-~-5215 13200 11/12/92 000226 M]CRO AGE COMPUTER CENT LABOR CHARGE 320-199-~-5215 13200 11/12/92 000226 MICRO AGE COHPUTER CENT TAX 320-199-~f9-5215 170.00 55.00 13.18 238.18 13201 11/12/92 000238 FINAL TOUCH MARKETING 13201 11/12/92 000238 FINAL TOUCH HARKETING REIMB. FOR INTERN'L TRA 001-100-F~9-5260 REINB. FOR INTERN'L TRA 001"110-9~9-5260 59.00 59.00 118.00 13202 11/12/92 000243 PAYLESS DRUG STORE FILM PROCESSING SERVICE 190-180-9~-5250 26.85 26.85 13203 11/12/92 00025A PRESS ENTERPRISE GENERAL PLAN AD RUN FOR 001-161-~-5256 170.04 170.04 13204 11/12/92 000261 RANClIO BLUEPR]NT NISC. BLUEPRINTS, ETC. 001-163-999-5268 13204 11/12/92 000261 RANCHO BLUEPRINT MISC. BLUEPRINTS, ETC. 001-163-999-5268 13204 11/12/92 000261 RANCHO BLUEPRINT HISC. BLUEPRINTS, ETC. 001-163-999-5268 13204 11/12/92 000261 RANCHO BLUEPRINT NISC. BLUEPRINTS, ETC. 001-163-9~9-5268 1~ 11/12/92 000268 RIV. CO. HABITAT CONSER PYNT K-RAT/NOV. 92 001-2300 13206 11/12/92 000280 SC SIGNS POSTING OF PUBLIC HEARI 001-161-~-5256 2:54 5.39 6.34 1 1,000.00 315.00 15.67 1,000.00 315,00 13207 11/12/92 000291 SPEE DEE OIL CHANGE & T OIL & FILTER CHANGE 001-110-999-5263 13207 11/12/92 000291 SPEE DEE OIL CHANGE & T REPAIR & NAINTENANCE;VE 310-162-99~-5214 13207 11/12/92 000291 SPEE DEE OIL CHANGE & T REPAIR & NAINTENANCE;VE 310-162-999-5214 13207 11/12/92 000291 SPEE DEE OIL CHANGE & T REPAIR & HAINTENANCE;VE 310-164-~9-5214 22.49 32.14 22.49 22.49 99.61 13208 11/12/92 000307 TEMECULA TROPHY 13208 11/12/92 000307 TENECULA TROPHY 10'X8' PLAQUE FOR HEMOR 190'180'999"5212 TAX 190'180'999'5212 176.00 13.64 189.64 13209 11/12/92 000308 TENECULA TiE ASSOC[AT LOCKER RENTAL/NOV. 92 1~0-180-~-5238 13209 11/12/92 000308 TEMECULA TO~NE ASSOCIAT SET UP AND CLEANING/OCT 001-100-999-523~ 13209 11/12/92 000308 TEHECULA TOtlE ASSOCZAT FLOOR CARE/OCT. 92 001-100-~-523~ 15.00 90,00 75.00 13210 11/12/92 000326 UNITO6 RENTAL SERVICE 2-SETS OF UNIFORMS; CLE 100-164-~-5243 13210 11/12/92 000326 UNIT(X; RENTAL SERVICE RENTAL OF UNIFON4S AND 190-180-~-5243 13210 11/12/92 000326 UBITO6 RENTAL SERVICE 2-SETS OF UBIFORN$; CLE 100-164-~-5243 13210 11/12/92 000326 UNITOG RENTAL SERVICE 2-SETS OF UNIFORMS; CLE 100-164;~-5243 13210 11/12/92 000326 UNITOR RENTAL SERVICE RENTAL OF UBIFORNS AND 190-180-~-5243 11.50 .7.35 12.50 12.50 13.60 57.45 13211 11/12/92 000332 VANDORPE CNOU ASSOCIATI PLAN CHECKS FOR OCTOBER 001-162-999-5248 300.00 300.00 13212 11/12/92 000430 GROUP AMERICA INS. PREH/NOV. 92 001-2360 13212 11/12/92 000430 GROUP AMERICA INS. PREM/NOV. 92 100-2360 13212 11/12/92 000~30 GROUP AMERICA INS. PREM/NOV. 92 1~0-2360 515.36 87.88 161.50 VOUCHRE2 11/1~ VOUCHER/ CHECK NUMBER 13245 13245 13246 13246 13246 13246 13246 13246 13246 13246 13247 13267 13248 13268 13268 13248 13248 13248 13248 13248 13~'~ 132~8 13269 13250 13250 13250 13251 13251 13252 13253 13254 13254 13254 13254 13254 13255 13255 13255 13256 08:59 CHECK DATE 11/24/92 11/24/92 11/26/92 11/26/92 11/26/92 11/24/92 11/24/92 11/24/92 11/26/92 11/26/92 11/24/92 11/26/92 11/24/92 11/24/92 11/26/92 11/24/92 11/24/92 11/24/92 11/24/92 11/24/92 11/26/92 11/26/92 11/24/92 11/24/92 11/24/92 11/26/92 11/24/92 11/26/92 11/24/92 11/24/92 11/24/92 11/24/92 11/24/92 11/24/92 11/26/92 11/26/92 11/24/92 11/24/92 11/24/92 11/24/92 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER NAME DESCRIPTION NUMBER AMOUNT 000107 000107 000125 000123 000125 000125 000125 000125 000123 000125 000126 000126 000135 000135 000135 000135 000135 000135 000135 000135 000135 000135 000135 000143 000146 000146 000146 000173 000173 000210 000250 000257 OOO257 000257 000257 000257 000270 000270 000270 000271 ALHAMBRA GROUP ALHAMBRA GROUP MASTER PLAN;CONSTRUCTIO CONSULTING LANDSCAPE 92 BURICE UILLIAMS & SORENS PRO. SERV./SEPT. 92 BURKE VILLIAMS & SORENS PRO. SERV./SEPT. 92 BURKE VILLIAMS & SORENS PRO. SERV./SEPT. 92 BURKE UILLIAMS & SOltENS PRO. SERV./SEPT. 92 BURKE MiLLIAMS & SORENS BORDER PATROL/OVER BiLL BURKE UILLIAMS & SORENS PRO. SERV./SEPT. 92 BURKE MILLIAMS & SORENS PRO. FEES RENDERED SEPT BURKE VILLIAMS & SORENS PRO. SERV./SEPT. 92 CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE TO PAY CR. AUG. 92 PLACE HYDROSEED MIX ON CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER R'I 3'" 3 M HIGH iNT. uS g'57 30n X 15" SINGLE H W'17 36" X 36" STOP AHE W"53 24" X 24" NOT A TN ~'53A.36" X 36" NO OUTL H'7~6" X 36" T R'TA 24** X 18" KEEP RiG CARSONITES; MBITE/VHITE BOX; RIVETS; (1003 CENTRAL CITIES SIGN SER 30' ANCHORS CENTRAL CITIES SiGN SER TAX COPY LiNE CORPORATION SERVICE AGREEMENT FOR R COlJIlTS UNLIMITED COUNTS UNLIMITED COUNTS UNLIMITED ONE BZ-DIRECTIONAL TRAF 3'ONE-DIRECTIONS COUNTS TRAFFIC COUNTS PROGRAIl GENERAL BINDING GENERAL BINDING 500 KM; PUNCH & BIND HA TAX LEAGUE OF CAL/F.CITIES 1~3 MEMBERSHIP DUES NUNZ FINANCIAL SERVICES PREPARE,TRANSMIT FINAL RANTEN RAMTEN NANTEN RAIql'EK RANTEN STREET MAINTENANCE, STR STREET MAINTENANCE, STR DRAINAGE CLEANING FY 92 DRAINAGE CLEANING FY 92 STREET MAINTENANCE, $TR RJM DESIGN GROIJP RJN DESIGN GEOUP RJM DESIGN GROUP EXTRA VC)RK; RANCHO CALl EXTRA VORK; NANCHO CALl PREPANAT]ON OF CONCEPTU ROeERT BEiN, tl4 FROST & PROFESSIONAL SERVICES C 25p-1~0-136-5804 100-164-~-5248 001-130-~-5246 190-180-999-5246 001-130-~-5246 300-1~-~-5205 001-130-~9-5246 001-1280 001-130-99~-5246 001-130-~-5246 190-180-999-5250 100-164-~-5602 100-1~4-99~-5244 100-164-~-524.4 100-164-999-5244 100-164-~-5244 100-164-9~9-5244 100-164-~-5244 100-164-~-5244 100-164-~-5244 100-164-99~-5244 100-164-~-5244 100-164-999-5244 330-199-999-5590 001-163-~-5250 001-1/53-~-5250 001-163-~-5250' 330-199-999-5589 330-1~-~-5589 ' 001-100-~-5226 190-180-~-5250 100-164-999-5402 100-164-~-5402 100-164-~-5401 100-164-~-5401 100-164-~-54.02 250-190-129-5804 250-190-129-5804 250-1~0-129-5802 210-165-623-5806 6,540.45 2,032.40 3,150.00 533.80 22,450.30 934.86 11.40- 888.00 626.13 2,573.58 500.00 2,546.00 1,697. O0 77.50 241.30 122.80 122.80 216.00 92.10 1,400.00 30.00 393.75 360.48 1,758.00 75.00 150.00' 800.00 1,295.00 100.37 6,867.00 9,7~2.22 3,902.50 439.32 513.52 774.26 10,250.00 1,750.00 1,750.00 7,903.25 1,650.00 PAGE CHECK AMOUNT 8,572.85 31,145.27 3,046.00 4,733.73 1,758.00 1,025.00 1,395.37 6,867.00 9,7V2.22 15,879.60 11,40~.25 1,650.00 VOUCHRE2 11/1Tii-g2 08:59 VOUCHER/ CHECK CHECK VENDOR NLNBER DATE NUHBER 13257 1112~.192 000285 13257 11/2~./92 000285 13257 11/2~./92 000285 13257 11/24./92 000285 13257 11/2~./92 000285 13257 11/24./92 000285 13257 11/2~./92 000285 13257 11/2~./92 000285 13258 11/2~./92 00035~. 13259 11/2~./92 000~.12 13260 11/2~./92 000~.3~. 13261 11/2~./92 0004,37 13261 11/2~./92 000~.37 13261 11/2~./92 000~.37 13262 11/2~./92 000535.. 13262 11/2~./92 000535 13262 11/2~./92 000535 1:57"' 1112~.192 000539 13264 11/2~./92 000678 VENDOR HAKE SiR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY RIVERSIDE COUNTY HEALTH WILLIAHS, KAY SZERRA COMPUTER SYSTEMS GELAND & ASSOCIATES HORELAND &ASSOCIATES MORELAND & ASSOCIATES ROYAL WHOLESALE ROYAL WHOLESALE ROYAL WHOLESALE WINNER YAMN)A ASSOCIATE RIVERSIDE CO. HEALTH SE CITY OF TEMEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 2000 BUSINESS LICENSE A 1000 BUSINESS LICENSE C TAX BUSINESS CARDS; 500/BOX BUSINESS CARDS; 500/BOX TAX 500 BUSINESS CARDS; TAX ANIMAL CONTROL SERV./S 80~ CORTRACT/NODELIHG PERMZT SOFTWARE PACKAGE CiTY AUDIT REDEVELOPHENT AGENCYAU SINGLE AUDIT TONAR HCDEL A1050-12 ST SHIPPING TAX CONTRACT FOR VIHHER YAH VECTOR CONTROL/NAY-SEP TOTAL CHECKS ACCOUNT NUHBER 003-1~.0-999-5220 001-14.0-9~9-5220 001-14.0-V99-5220 001-170-999-5222 001-170-~-5222 001-170-999-5222 1~0-180-99~-5220 190-180-~-5220 001-172-~-5255 190-183-817-5300 001-163-999-5660 001-1~.0-999-52~.8 001-1~.0-999-52~.8 001-1~.0-~-52~.8 100-164-999-52~.2 100-164-~-52~.2 100-164-999-52~.2 250-190-120-5802 001-162-99~-5250 iTEM AMOUNT 297.22 650.00 75.41 1,335.00 36.00 106.26 26.70 2.07 5,897.27 1,040.00 3,999.32 3,660.8~ 500.00 500.00 923 .~.0 9.28 71.56 20,750.00 1,003.63 PAGE CHECK AMOUNT 2,526.66 5,897.27 1,0~'0.00 3,999.32 20,750.00 1,003.63 136,150.25 .ITEM NO., 4 APPROV~T. ~~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: Prepared by: CITY OF TEMECULA AGENDA 'REP-OEr City Manager/City Council Mary Jane Henry, Finance Officer November 24, 1992 Liability Insurance Renewal Grant M. Yates, Senior Management Analyst RECOMMENDATION: That the City Council approve renewal 'of the insurance policy with Insurance Company of the West for General Liability, Excess Liability, and Public Officials Errors and Omissions coverage in the amount of ~97,846. DISCUSSION: The City's current insurance policy with the Insurance Company of the West for General Liability, ExCess Liability, and Public Officials Errors and Omissions coverage expires on December 1, 1992. Staff has been working with the City's broker, Mike Bush from CaI-Surance to obtain quotes from a number of carriers to cover the City for the upcoming plan year. In addition, staff has met with representatives from the Southern California Joint Powers Insurance Authority (SCJPIA) to discuss the possibility of obtaining coverage through that Insurance Pool. Mike Bush from CaI-Surance solicited quotes from a number of large insurance carriers including Cigna, Planet, Crum & Forester and Insurance Company of the West, to determine which carrier can provide the City with the best coverage at the lowest possible price. Based upon this research, staff is recommending that the City renew it's coverage with Insurance Company of the West at a total cost of $97,846. This renewal premium represents a reduction of $259 from the current premium. In addition, Insurance Company of the West has extensive experience insuring municipalities and they have provided the City with quality service over the past year. There are no changes in the policy which calls for coverage of $1,000,000 plus $4,000,000 in excess coverage. The policy is written on an occurrence form and includes a $50,000 Self-Insured Retention (SIR) level. Staff has also met with the SCJPIA to discuss the possibility of obtaining coverage through this insurance pool. This organization is a Joint Powers Authority that pools the insurance premiums and the associated risk from many cities throughout Southern California. However, the City was not able to obtain coverage through the SCJPIA because the City currently holds a contract with the County of Riverside for traffic signal maintenance which contains a hold harmless clause that releases the County from liability. The SCJPIA would not cover any claims relating to traffic signals which in effect prohibits the City from obtaining coverage through the SCJPIA. Fiscal Impact: Adequate funds to pay for the renewal have been budgeted in the Insurance Internal Service Fund. ITEM NO. APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mary Jane Henry, Finance Officer DATE: November 24, 1992 SUBJECT: Approval of the Supplemental Agreement Approving the 18th Year (Fiscal Year 1992-93) Community Development Block Grant Funding Prepared by: Grant M. Yates, Senior Management Analyst RECOMMENDATION: That the City Council approve and execute the Supplemental Agreement for the use of Community Development Block Grant (CDBG) funds for City activities. DISCUSSION: On March 24, 1992 the City Council unanimously approved the project application for the 18th year (FY 1992-93) CDBG Program. The CDBG Program is a federally funded program administered by the U.S. Department of Housing and Urban Development (HUD) through which projects at a local government level may be funded. This program is administered locally through the Economic Development Agency of Riverside County. ProjeCts are eligible for CDBG funding if one of the following criteria are met: a) Low/moderate income persons are primarily benefitted by the activity; or b) the activity aids in the prevention or elimination of slums or blight; or c) the activity meets an urgent community development need. The total amount of money the City is eligible for in the 18th year totals $132,083. In addition to this amount, $72,610 that was approved in the 17th year for the Sixth Street improvement project and $37,090 also approved in the 17th year for improvements to Sam Hicks Monument Park have been rolled forward into the 18th year and programmed into the Senior Center project. The timing of the Sixth Street project and the Sam Hicks project prohibited the usage of CDBG funds, therefore these projects were funded by Development Impact Fees. The following represents a summary of the 18th year projects, and the corresponding funding request, that the City forwarded to the County on March 24, 1992. APPROVAL OF FISCAL YEAR 1992-93 CDBG PROJECT APPLICATION PROJECT Senior Center Construction Provide funds for the design and rehabilitation of the 5,000 sq.ft. former school bus barn facility to serve as a fully operational City of Temecula Senior Center. Community Based Policing This program is to assign extra duty status police officers in the Old Town Temecula area for the provision of community oriented law enforcement 'services. This will be accomplished by police officers utilizing bicycles as their means of transportation. Old Town Temecul~ SI;)ecific Plan This study is to establish land use design standards and guidelines for development in Old Town Temecula. $30,000 was provided in lasts year's CDBG submittal for this project. The cost of this study is approximately $155,000 and the difference will be provided through redevelopment tax increment· Oner~tion School Rell This program is proposed by the Assistance Guild of Temecula and is designed to provide clothing for needy school children. The Assistance Guild request for this program was $7,500. CITY COUNCIL RECOMMENDED FUNDING $ 70,000 $ 10,000 $ 30,000 5,000 CDBG APPROVED FUNDING $ 91,700 (Excluding 17th year carry over) 10,000 5,000 25,383 APPROVAL OF FISCAL YEAR 1992-93 CDBG PROJECT APPLICATION PROJFCT CITY COUNCIL RECOMMENDED FUNDINn CDBG APPROVED FUNDING 5. Dr,9 Ab-se Proqr~m - Prevention. $ 5Q,O00 $ 0 Fducati0n. and Rehabilitation (DAPPER) The Finance Subcommittee has suggested that a drug abuse prevention program be initiated in the CDBG eligible area in the City of Temecula to provide pre- vention, education and rehabilitation services for youths. This program could be offered jointly through the Police. TOTAL $165.000 $13~.083 Fiscal Impact: To the extent that CDBG monies are allocated for City administered programs or services, monies will not be required to be allocated from other City funds, (i.e., Community Services District or Redevelopment Tax Increment). The approval of use of CDBG monies for outside entities will have no fiscal impact on the City as CDBG monies are received from an external funding source. In addition, CDBG approved funds are reflected in the City's five year Capital Improvement Program. By approving this agreement, CDBG monies will become available for the City to apply towards the above described programs and projects. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 File No: 1.TM005, 1.TM009, 1.TM010 & 1.TM011 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," and the City of Temecula, herein called "CITY," mutually agree as follows: 1. GRNRR~T.. COUNTY and CITY have executed a Cooperation Agreement dated August 28, 1990, whereby CITY elected to participate with COUNTY, which has qualified as an "Urban Countyet for purposes of receiving Community Development Block Grant (CDBG) funds, and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, as amended, hereinafter referred to as "Act". Said Cooperation Agreement dated August 28, 1990, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein. 2. PU~POSR. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $241~.783, CDBG Entitlement Funds, as specifically identified in Exhibits "A", "B", "C" and respectively, which are attached hereto and consists of threepages, and by this.reference are incorporated herein, for the projects: Operation School Bell ($5,0001, Old Town Temecula DeS~QT_ SDec~-mt~one ($~5.383~. Old Town Co__eeunitV Or{ented Po.l{ceProa~a~ ($10.000) and C~tv o~ Temecula Sen~or Center Pro~ect ($~0~.400). CITY shall obtain COUNTY's approval, through its Economic Development Agency, ofthe projects plans and specifications prior 1 1 2 3 4 5 6 7 8 9 .10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to CITY's construction of same. CITY promises and agrees to utilize and maintain the projects for a minimum period of five (5) years the life of the project, whichever is less. 3. T~RM OF AGReeMENT. The term of this Agreement for the projects shall be for a period of one (1) year commencing upon the date of the execution of this Agreement and proceed consistent with the completion schedule set forth in Exhibits "A", "B", "C" and If substantial compliance with the completion schedule, due to unforeseen or uncontrollable circumstances, cannot be met by CITY, the schedule for the projects may be extended. If substantial progress toward completion, as determined byCOUNTY, of the projects is not' made during the term of the Supplemental Agreement, the entitlement funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is given CITY. 4. DTRPOSTTTON OF FUNDS. COUNTY's Board of Supervisor~ shall determine the final disposition end distribution of all funds received by COUNTY under the Act consistent with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency, shall: (1) make payment of the grant :funds to CITY as designated in Exhibits "A", "B", "C" and "D", and (2) monitor the project activity to ensure compliance with applicable federal regulations and the terms of this Agreement. City shall comply with timely drawdown of funds by submitting monthly requests ! for reimbursement. All disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter identifying payments made and requestir~" 6 9 10 11 12 14 16 19 20 21 22 24 25 26 27 1 2 3 4 reimbursement. 5. COOPERATION WITH HOUSING ASSISTANCE ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing,. and shall assist COUNTY in carrying out its housing assistance plans and other requirements of the Community Development Block Grant Program. CITY shall adhere to Housing Policy as set forth in Exhibit "HP." 6. LE~D AG~CY FOR COMPLIANCE WITH THE C~v.TFOI~NIA ~NVTRON~NTAL OU~T.ITY ACT fCEOA). Pursuant to Section 15051(d) of Title 14 of the California Administrative Code, CITY is designated as the lead agency for the projects that are the subject matter of this Agreement. 7. HOT.D ~k~a~.ESS ~ND TND~MNTFICATTON. CITY shall comply with all applicable -laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY and its agency members and their respective agents, servants and employees of and from any and all liabilities, claims, debt, damages, d~mands, suits., actions. an~ causes of action of whatsoever kind, nature or sort including, but not by way of limitation, wrongful death, expenses Of the defense of said parties, and the payment of attorney's fees, arising out of oz in any manner connected with the performance by City under this Agreement. 8. RF-CORDS ~ND TNSP~.CTTONS. a. CITY shall establish and maintain records in accordance with 24 C.F.R. Part 570 and Part 85 and OMB Circular A-87 as applicable and as they relate to the acceptance and use of federal funds under this Agreement. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. CITY shall maintain a separate account for CDBG Entitlement funds received as set forth in Exhibits and "D", , C. CITY shall, during the normal business hours, make available to COUNTY and to the Department of Housing and Urban Development for examination and copying all of its records and other materials with respect to matters covered by this Agreement. d. CITY shall retain all program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the activity that is the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activity. 9. F~D~R~T. R~-OUI~4~NTS. CITY shall comply with the provisions of the Act and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to t~.~' Act.. More particularly,-CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circuler A-87, or any subsequent replacement.. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY en~ cited in the above-mentioned Cooperation Agreement. 10. TND~.PRND~NT CONTRACTOR. CITY and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be,. nor shall they in any manner be construed to be agents, officers or employees of the COUNTY. 11. T~fFNATTON. a. CITY. CITY may not terminate this Agreement 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 except upon express written consent of COUNTY. b. COUNTY. Notwithstanding the provisions of Paragraph 11a, COUNTY may suspend or terminate this Agreement upon written notice to CITY of action being taken and the reason for such action: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement l and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Paragraphs .1 and 2 above is terminated or otherwise becomes unavailable. c. Upon suspension of this Agreement, CITY agrees to return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or ~ause of action it may have against CITY for breac~h of this Agreement. d. Upon. suspension of this Agreement, CITY' agrees not to incur any additional cost with regard to the projects that are cited in the written notice as necessitating the suspensions. 12. NONDTSCRTMTNATTON. CITY shall abide by Section~ 510.601 and 510.602 of Title 24 of the Federal Co~e of Regulations which reguires that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded frOE participation in, be denied the benefits of, or be subjected to discrimination under any pr,ogram or activity funded in whole or in part with Community Development funds. 5 1 2 3 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI" and by this reference incorporated herein. b. CITY and its assigns, employees, agents, consultants, officers, and elected and appointed officials shall become familiar with and shall comply with Section A-11 of the County's CDBG Policy manual, attached hereto as Exhibit "CI" and by this reference incorporated herein. c. CITY understands and agrees that no waiver of exception can be granted to the' prohibition against conflict of interest except upon written approval of HUD pursuant to 24 ~ 570,611 (d). Any request by CITY for an exception shall first be reviewed byCOUNTY to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, COUNTYwill consider the factors listed in 24 CFR 570,611 (e). d. Prior to any funding under this Agreement, CITY shall provide COO~TY with a list of all employees, agents, consultants, officers and elected and appointed officials who ere in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities fundel under this Agreement. CITY shallalso promptly disclose to COUNTY any potential conflict, including even~the appearance of conflict, 6 1 2 3 4 5 6 7 8 9 10 11 12- 13 14 15 16 17 18 '19 20 21 22 23 24 25 26 27 28 that may arise with respect to the CDBG activities funded under this Agreement. e. Any violation of this section shall be deemed a material breach of this Agreement, and the Agreement shall be immediately terminated by the COUNTY. 14. PROJECT RI.IGIBTLITY. As to CITY. or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the Department of Housing and Urban Development or any other person or entity that CITY is or is not eligible under 24 C.F.R. Part 570 to receive CDBG funds. 15. ~qTTRR AGR~RMMNT. It is expressly agreed that this Agreement embodies the entire agreement of the parties in relation to the subject matter thereof, and that no other Agreement or understanding, verbal or otherwise, relative tothis subject matter, exists between the parties at the time of execution. 16. MINISTERIal. ACTS. The Director of the COUNTY's Economic Development Agency or his or her designee(s) are authorize~ to take such ministerial' actions as maybenecessary or appropriate to implementthe terms, provisions, and conditionsof this Agreement as it may be amended from time to time by COUNTY. // // // // // // // // 7 1 2 3 4 5 6 7 8 9 .10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 17. MODTFICATION OF AGRF. E~.NT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered. representative of COUNTY an~ CITY respectively. DATED: ATTEST: GERard A. MALONEY Clerk of the Board COUNTY OF RIVERSIDE Chairman, Board of Supervisors Deputy (Seal) DATED: ATTEST: CITY OF TEMECULA City.Clerk JOH:~:KLP:dlh (lst\tm\suppagr.005) // // // // // By: Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney 8 EXHIBIT A Page 1 Cooperative Agency: City SUPPLEMENTAT. AGREEMENT of Temecula Plannino Department FILE: 1.TM005 Address: 43174 Business Park Drive. Temecula Project Title: Old Town Temecula Design SDec.~f~cat.~ons Location: O.ld Town Temecula Description: Funds will be used to prepare design specifications for development within the "Old Town" area of Temecula. The specifications would identify appropriate architectural styles for this historical area of Temecula. In addition, it would contain specifications for landscaping, signage, walkways (including provision for handicapped access), curb and gutter design, public parking standards, and appropriate materials for construction. Project Budget: Cost CDBG ADdroved 1) Architect/EngineerDesign Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction .Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency $ 12.000 13.383 $ ~5,383 S 1).000 13.383 " 25.383 EXHIBIT A Page 2 File: 1.TM005 Timetable Implementation Schedule Milestone Start Date Completion Date Consultant Prepares Design Specifications Consultant submits Draft of Design Specifications Consultant Revises Design Specifications Consultant submits final Design Specifications Adoption of Specific Plan 7/1/92 Z2/Z5/92 2/Z5/93 4/Z/93 Z2/1/92 12/zs/s2 2/Z/93 2/z5/93 4/30/93 EXHIBIT A Page 3 File: 1.TM005 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMITY DEVELOPMENT PROGRAM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY FROM TO July 1, 1992 5. NAME OF PROJECT Old Town Temecula Design Specification 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-92-UC-06-0506 4. X Original (each year) Revision, Date June 30., 1993 Amendment, Date 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS 1.TM005 Categorically Excluded 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of Temecula. (714) 694-6400 10. DESCRIPTION OF PROJECT Funds will housed to prepare designspecifications for development within the "Old Town" area of Temecula. The specifications would identify appropriate architectural styles for this historical area of Temecula. In addition, it would contain specifications for landscaping, signage, walkways (including provision for handicapped access), curb and gutter design, public parking standards, and appropriate materials for construction. ELIGIBILITY: 570.201 (c) BENEFIT: 570.208 (a) (l) 11. CENSUS. TRACT(S)/ENUMERATION DISTRICT(S) CT 432 ED 713, 75.31% L/M 12. ANTICIPATED ACCOMPLISHMENTS This project will assist in the City's efforts to improve the infrastructure, a~economic viabilityof Temecula'$ Old Town area. Projectwill also in sure that i .ure development in Old Town area will maintain historical integrity and complement existing structures that meet a set of identified standards~ 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.] Renef.it Benef4t (a) (b) (c) (d) (e) $ $ $ Public Fac~3~ties & Tmprovements 25,383 14. TOtalS $ 25,383 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Colt~mns b and c) $ ~5.383 EXHIBIT B Page 1 FILE: 1.TM009 SUPPT.RMRNTAT. AGRRRMRNT Cooperative Agency: C~ty of Temecula Address: 43174 Bus.~ness P-rk Drive. Temecula Project Title: Operation School Rell Location: P.O. ROX l~l~. TAmeCUla. CA 92593 Description: The Assistance League of Temecula Valley operates the Operation School Bell program which provides proper school clothing to needy youth from qualified households attending schools in Tomecula, MurrietaandLake Elsinore. CDBG funds will be used to purchase enough clothing for approximately 150 children. This project serves' limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submittedto the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit indicating NO SERVICE~ Project Budget: Cost CDBG ~Dp~oved 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs S) Other Costs (purchase clothing supplies) 9) Operation/Maintenance # 10) Contingency TOTAL 5.000 S 5,000 S 5.000 $ 5.000 EXHIBIT B Page 2 File: 1.TM009 ~ ~etable Implementation Schedule Milestone Obtain bids for Clothing Purchase Clothing Submit Claim for Clothing to City Begin Distribution of Clothing Submit Status Report (clients served) Start Date ~/~/93 2/1/93 Completion Date nl~lg2 n/i5/92 1/~5/93 2/28/92 EXHIBIT B Page 3 File: 1.TM009 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMITY DEVELOPMENT PROGRAM FROM Julv 1. 1992 5. NAME OF PROJECT Operation School Bell PROJECT SUMMARY PERIOD OF APPLICABILITY TO 1. NAME OFAPPLICANT County of Riverside 2. APPLICATION/GRANT NUMB~ B-92-UC-06-0506 ) June 30. 1993 Original (each year) Revision, Date Amendment, Date 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS 1.TM009 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Assistance League of Temecula Valley (714) 677-8339 or (714) 677-4482 10. DESCRIPTION OF PROJECT The Assistance League of Temecula Valley operates the Operation School Bell program which provides proper school clothing to needy youth from qualified households attending schools in Temecula, MurrietaandLake Elsinore. CDBG funds will be used to purchase enough clothing for approximately 150 children. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to. be filled out and submitted to the County of Riverside EDA on a monthly basis· 'Should there be no services rendered, submit a form indicating NO SERVICE. ELIGIBILITY: 570.201 (e) SUEPIT: 570.208 (a) (2) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) Limited Clientele Activity 12. ANTICIPATED ACCOMPLISHMENTS Project intends to cloth approximately 150 eligible children during the coming school year. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMY. Fo~ HUD-7067.] Benefit Benefit' (a) (b) (c) (d) (e) S S S Public Service 5.000 14. Totals $ 5,000 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of COlumns b and c) $ 5.000 EXHIBIT C Page i FILE: 1.TMOIO SUPPLEMENTAT. AGREEMENT Cooperative Agency: City of Temecu]a Poli~e ~eDartment Address: 43172 Rus.iness Park Drive, Temecu]a Project Title: Old Town Commun.{ty Oriented Pol.~ce Proaram Location: City of Temec-]a Old Town area Description: Funds will be used to pay for the salaries of extra duty status police officers in the Old Town Temecula area for the purpose of providing community oriented patrols. These patrols will consist of two deputies working eighteen weekend shifts consisting of two days with two deputies working four hour shifts. The officers will conduct the patrols on bicycles in the low and moderate income neighborhoods in "Old Town" in an effort to reduce crime and improve community relations. P~roject Budget: Cost CDBG ADD~OVed 1) Architect/Engineer Design Costs $ 2) Administration Costs 10.000 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency S ~ O, 000 $ 10.000 $ 10,000 EXHIBIT C Page 2 File: 1. TM010 Timetable Implementation Schedule Milestone Begin Old Town Patrols Prepare Quarterly Report Complete Patrols Start Date 71~192 lo/15/92 Completion Date 6/S0/92 10/31/92 6/30/92 EXHIBIT C Page 3 File: 1.TM010 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY FROM TO July 1, 1992 5. NAME OF PROJECT Old Town Community Oriented Police Program 1. NAME OF APPLICANT County Of Riverside 2. APPLICATION/GRANT NUMBER B-92-UC-06-0506 June 30, 1993 X Original (each year) Revision, Date Amendment, Date 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS 1.TM010 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of Temecula Police Department (714) 696-3000 10. DESCRIPTION OF PROJECT Funds will be used to pay for the salaries of extra duty status pcliue officers in the Old Town Temecula area for the purpose of providing community oriented patrols· These patrols will consist of two deputies working eighteen weekend shifts consisting of two days with two deputies working four hour shifts. The officers will conduct the patrols on bicycles in the low and moderate income neighborhoods in "Old Town" in an effort to reduce crime and improve community relations· ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a) (1) 11. CENSUS TR~CT(S)/~TZON DZSTRZCT(S) CT 432 ED 713 75,31% L/M · ANTICIPATED ACCOMPLISHMENTS Officers will target the Old Town area to identify criminal activity and problem areas to reduce the high level of crime, with special emphasis on gang activity. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A,. COST Low/Hod Other Amount Source SUNMARY, Form HUD-7067.1 Renef~t Benef.~t (a) (b) (c) (d) (e) $ $ $ Fub]{c Serv{ce 10.000 14. Total s $ 10,000 $ $ I 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of ,.Columns b and c) $ 10.000 EXHIBIT D Page I FILE: 1.TM011 SUPPT .RM~NTi~T..AGRRN~4RNT Cooperative Agency: C{tv of Temecula Address: 43174 mum~ne~$ Psrk nr~ve. Temec-la Project Title: C.{ty of Temecu]a Sen{or Center Proiect Location: 6th Street. near Metcedes S~eet Old Town TAmec,,.la Description: The City of Temecula'has proposedthe construction of a new Senior Citizens Center in Old Town Temecula. CDBG funds will be used to pay for a portion of the construction costs of converting the former Temecula Valley Unified School District Bus Barn facility into a senior center facility offering recreation and human services program. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted tothe County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a for~' indicating NO SERVICE. Project Budget: Cost CDBG ApDroved 1) Architect/Engineer Design 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) ConstructiOn Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency Costs S S 201,400 201,400 $201,400 $20~,400 EXHIBIT D Page 2 File: 1.TMOll ~_aetable Implementation Schedule Milestone Prepare Bid Documents Advertise for Bid Bid Opening Award Contract Notice to Proceed Complete Construction Start Date xo/1/92 11/15/92 12/1/92 Completion Date 9/30/92 10131/92 XX/15/92 X2/1/92 4/30/93 EXHIBIT D Page 3 File: 1.TM011 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM PROJECT SUMMARY PERIOD OF APPLICABILITY TO Julv 1. !992 5. NAME OF PROJECT City of Temecula Senior Center Project 1. NAME OF APPLICANT CoUnty of Riverside 2. APPLICATION/GI~WT NI[MB' B-92-UC-06-0506 4. X Original (each year) Revision, Date June 30. 1993 Amendment, Date 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS 1.TM011 Under Review 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of Temecula (714) 694-6480 10. DESCRIPTION OF PROJECT The City of Temecula has proposed the construction of a new Senior Citizens Center in Old Town Temecula. CDBGfunds will beused to pay for a portion of the construction costs of converting the former Temecula Valley Unified School District Bus Barn facility into a senior center facility offering recreation and human services program. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. ELIGIBILITY: 570.201 (c) BENEFIT: 11. CENSUS TRACT(S)/ENUNRRATION DISTRICT(S) Presumed Benefit, Senior Citizen Clientele 570.208 (a) (2) 12. ANTICIPATED ACCOMPLISHMENTS Project will provide a facility where senior residents of Temecula can access coordinated senior services such as health, income tax, nutrition social end recreational services. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousends of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUNM~RY. Form'HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ S X:h'~hl 'i C Fac~ 1 .J t.~ es & TmD~ovements 201.400 14. Total s 8~-01.400 $ ~ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of'Columns b end c) $201.400 3499 TENTH STREET RIVERSIDE, CA 92501 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SELF CERTIFICATION FOR PUBLIC SERVICE AGENCY'S CLIENTELE CERTIFICATION AND FAMILY SIZE FAMILY SIZE FAMILY INCOME i $20,150 2 $23,050 3 '$25,900 4 $28,800 5 $31,100 6 $33,400 7 $35,700 8 $38,000 My present yearly family income is less than the income level shown above for a family the same size as my family. I understand this information is subject to verification by authorized government officials. Name: / (Print) (Signature) Address: City & State: 1). I am (circle one only) white, hispanic, black, asian or native american. 2) I consider myself in one of the following categories (please check if applicable): Senior Citizen Handicapped Person Migrant Farm Worker 3) My family size is:. The Agency or interviewer should complete the appropriate following statement: The person signing the above certification was interviewed for services on (date): . The person signing the above certification received (type of services provided): This certification form may be used to document a direct benefit claim on public service provided for the CDBG program. The family income levels shown in the above schedule are applicable to Riverside & San Bernardino Counties and all cities within those Counties as of December 1, 1991. 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O0 O0 O0 O0 O0 O0 O0 O0 0 0 0 I-., 14 I.-¢ I-¢ (- EXHIBIT HOUSING POLICY FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COUNTY OF RIVERSIDE The Housing and Community Development Act of 1974, as amended, encourages and supports the development of decent, safe, and sanitary housing within a suitable living environment that is affordable to. low and moderate income persons. The County is required under the Act to develop and implement an approved Housing Assistance Plan (HAP) as part of its Community Development Block Grant Application (Title 24) Code of Federal Regulations (Part 570.306). The Housing Assistance Plan serves as a measure of the conditions of the housing stock and the needs of low and moderate income persons for housing assistance. The HAP also serves to establish goals for assistance best suited to meet the identified needs and to further the revitalization of the community. The HAp must also provide general locations for assisted housing, which promotes a greater choice of housing opportunities and avoids undue concentrations of assisted persons in areas containing a high proportion of lower income persons, and which furthers fair housing and assures the availability of public facilities. In addition, all communities ere expected to share in providing expanded housing opportunities for lower income persons and to participate in area-wide solutions of housing problems through promotion of spatial deconcentration of housing opportunities for lower income persons. The County and its cooperating cities have reviewed and formally approved their respective Housing Assistance Plans. As such, the local jurisdictions are responsible for implementation of the Housing Assistance Plan in an expeditious manner. This includes the timely achievement of all goals fc~, assisted housing and particularly those which address the needs of familie~ and large families requiring rental assistance. Local jurisdictions may be expected to take any or all actions within their control to facilitate the implementation of an approved Housing Assistance Plan, including: , acquisition of sites and provision of site improvements for the development of assisted housing; adoption or modification of local ordinances and land use measures to facilitate the development of assisted housing,' including insti- tution of local referendum actions, where necessary; * issuance of appropriate zoning changes, building permits, utility connections and similar administrative requirements; * formation of a local housing authority or execution of an agreement with a housing authority having powers to provide assisted housing within the local jurisdiction; · removal of local residency preferences for assisted housing; promotional and assistance activities to encourage developers to initiate assisted housing or to allocate a portion of their planned unsubsidized developments for assisted housing, and to encourage own- ers to make units available for Section $ Housing Assistance Payments Program; measures to reduce the cost of housing development, such as tax abatement, deferral, waiver or deferral of fees and other admin- istrative costs. Exhibit Housing Policy for CDBG County of Riverside Page Two promotional and assistance activities to encourage developers to initiate assisted housing or to allocate a portion of their planned unsubsidized developments-for assisted housing, and to encourage own- ers to make units available for Section 8 Housing Assistance Payments Program; % measures to reduce the cost of housing development, such as tax abatement, deferral, waiver or deferral of fees and other admin- istrative costs. The County of Riverside requires all cities and sponsors to contribute to the implementation of the Housing Assistance Plan. Section I of the Sponsor's Agreement states that Community Development Block Grant funds are to be used to assist and undertake essential Community Development and Housing Assistance activities pursuant to the Housing and Community Development Act of 1974, as amended. Failure to comply with these provisions, specifically any action on the part of a cooperating city or sponsor taken to impede the development of publicly- assisted housing, may result in that City or sponsor not qualifying to receive Community Development Block Grant Funding. State law also requires local government action to produce housing. California Government Code, Section 65302 (c) requires that all jurisdictions in the State of California prepare a housing element which identifies existing and future housing needs, and develops plans for meeting such needs. Section 65008 of the California Government Code, as amended, prohibits, inter alia, any city or county from enacting or administering ordinances pursuant to Title 7 (Planning and Land Use, Government Code 65000 st. seq.) whichprohibit or discriminate against any residential development or project because of the method of financing or the race, sex, color,. religion, national origin, ancest.ry, lawful occupation, or age of the owners or intended occupants of the residential development. The Code further provides that "the Legislature'finds and declares ~hat discriminatorypractices which inhibit the development of'housing for persons and families of low, moderate, and middle income, or emergency shelters for the homeless, are a matter of statewide concern". Discrimination against housing for low, moderate and middle income persopJ, and especially families, is also a matter of local concern. Therefore, it is the policy of the County of Riverside that Community Development Block Grant funds shall be withheld from any sponsor or potential sponsor which discriminates against, or inhibits the development of housing for low end moderate income persons or families within its jurisdiction. Furthermore, each sponsoring entity shall take actions within its capabilities to the support of publicly-assisted housing., In addition to city and community support, special districts, including school districts, are expected to assist, contribute or set aside sufficient capacity where legally possible, to accommodate the development of low, moderate, and middle income housing within their jurisdictions. Prohibition Against Conflicts of Interest EXHIBIT CI , page 1 of 4 570.611 Conflict of interest. (a) Applicability. In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at S 570,204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to ~ 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to ~ 570.203, S 570.204 or ~ 570.455). (b) .Conflicts'prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain finside information with regard to such activities, max obtain a personal or financial interest or benefit from a CDBG assist, activity, or have an interest in any contract, subcontract or agreement wi~, respect thereto, orthe proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG .program, the above restrictions shall apply to all activities that ere a part of the UDAG project, and shall cover any such . interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. (d) Rxcept.4ons: ~b~emhola ~e~u{~ements. Upon the written request of the recipient, HUDmaygrant an exception to the provisions of paragraph (b) of this section on a case-by-case-basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature ofthe,conflict, accompanied by an assurance that there has bean public disclosure of the conflict and a description of how the public disclosure was made; and ProhibitionAgainst Conflicts of Interest EXHIBIT CI, page 2 of 4 (e) (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State or local law. Factors to be considered for exoept.~ons. In determining whether togrant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; Whether the person affected is a member of a group or class of low or moderate income persons intendedto be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (e) Whether undue hardship will result either to the recipient or'the person affectedwhen weighed against the public interest served by avoiding the prohibited conflict; end (7) Any other relevant considerations. Prohibition Against Conflicts of Interest Exhibit CI, page 3 of 4 '~ Community Dvlpmt. Block Grant Policy Manual I.D. #A-11 (pg. i of 2) TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 This Conflict of Interest Code is written to comply with Federal Regulations (24'CFRPart 85). These Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Fedorally Recognized Indian Tribal Governments- require that grantees and sub-grantees will maintain a written cede of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involve~'~ 2) Such a conflict will arise when: i) ii) iii) iv) The employee, officer or agent; Any member of the immediate family; .His/Her partners, or; An organization which employs, or is about to employ any of the above has a financial or other interest inthe firm's selection for award. 3) The grantee,s or sub-grantee,s officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub-agreements except as noted in Section 4. 4) A grantso's or sub-grantee,s officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: i) Any business entity in which th~ official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which th~ official has a direct or indirec~, interest worth one thousand dollars ($1,000) or more. Prohibition Against Conflicts of Interest Exhibit CI, page 4 of 4 TOPIC: DATE: iii) v) CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY Community Dvlpmt. Block Grant Policy Manual I.D. #A-11 (pg. 2 of 2) October 1989 Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollere ($250) or more in value provided to, received by or promised to the official within 12 months p~ior to the time when the decision is made. Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or bya business entity or trust in which.the official, the official's agents, spouse, and · dependent children own directly, indirectly, or beneficially a 10- percent interest or more. ITEM NO. 6 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /~'~Tim D. Serlet, Director of Public Works/City Engineer November 24, 1992 Authorize Release of Security Amounts for Parcel Map No. 22610 PREPARED BY: Albert A. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE the release of Street Improvement Faithful Performance Warranty Trust Deposit, and the Material and Labor Letter of Credit in Parcel Map No; 22610, and DIRECT the City Clerk to so notify the Clerk of the Board of Supervisors. BACKGROUND The County Surveyor and Road Commissioner, acting on behalf of the Board of Supervisors, approved the map for Parcel Map No. 22610 on February 25, 1988, and accepted the Subdivision Agreement submitted by: Rudy S. Berry, 41837 Calle Cedral, Temecula, CA 92592, for the improvement of streets. Accompanying the Subdivision Agreement were letters of credit for Faithful Performance and Materials and Labor securities ($8500 Faithful · Performance, $4250 for Materials and Labor, respectively). On September 10, 1991, the City Council .acknowledged the completion of the street improvements in Parcel Map No. 22610, and authorized the reduction of Street Improvement. Faithful Performance securities to the one-year warranty level of 10% ($850), with the Material and Labor Security maintained for the minimum period required by law. The warranty period has passed with no repairs/replacement required. In addition, no claims for either labor or material have been filed with the Clerk of the Board of Supervisors or with the City Clerk's files. Staff therefore recommends that these securities be released. FISCAL IMPACT: None. ATTACHMENT: Vicinity Map -1- pwO1'~.egdrpt~92~1124~em22610 1113e ITEM NO. 7 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPOR'P TO: FROM: City Council/City Manager -~ Tim D. Serlet, Director of Public Works/City Engineer DATE: November 24, 1992 SUBJECT: Completion and Acceptance of Sixth Street Improvements Project No. PW92-02 PREPARED BY: '<~'Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council accept the Sixth Street Road Improvements, Project No. PW92-02, as complete and direct the City Clerk to file the Notice of Completion, release the Performance Bond, accept a one-year Maintenance Bond (10% of contract amount), authorize the release of the construction retention thirty-five (35) days after filing of the Notice of Completion, and authorize the release of the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On August 11, 1992, the City Council awarded a construction contract to Ramtek Contractors Inc. for street and sidewalk improvements on Sixth Street (Project No. PW92-02) between Front Street and Mercedes Street, for the amount of ~41,326.30, plus 10% contingency, for a total of $45,458.93, from the Development. Impact Fund to the 'Capital Projects Account for Project PW92-02. The contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the City Engineer. FISCAL IMPACT: On August 11,1992, the City Council approved the appropriation of $41,326.30, plus a 10% contingency of $4,132.63, for a total of $45,458.93. The final project cost breakdown includes the contract bid amount of $41,326.30, relocation of Rencho California Water District facilities of $5,042.50 to be paid by R.C.W.D., and ~805.91 in additional quantities for a city project cost of $42,132.21. pwO4~agdrp~J2't1124%pw92-02 1113 ITEM NO. 8 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: -PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer November 24, 1992 Contract Change Order No. 002 on Project No. PW92-04, Margarita Road Interim Improvements ~'f~/Scott Harvey, Associate Engineer RECOMMENDATION: A. Approve Contract Change Order No. 002 consisting of the following: Increase in contract amount due to overexcavation of unsuitable subgrade materials in the fill areas. Increase -- $75,000. Approve a transfer of $75,000 from the Measure "A" fund to the Capital Projects Account. C. Appropriate $75,000 to Capital Projects Acct. No. 210-165-606-5804 from Unreserved Fund Balance· BACKGROUND: The Contract for Street Improvements on Margarita Road (Project No. PW92-04) was awarded on August 25, 1992 to R.J. Noble Company for $511,500 ($511,500, plus a 10% contingency of $51,150), and on October 27, 1992, City Council epproved C.C.O. No. 001 for overexcavation of unsuitable materials in fill areas for the amount of $70,000. Contract Change Order No. 002 consists of the following: Overexcavation of unsuitable materials in cut areas. While the approved extra work for the overexcavation was in operation for the project's fill areas due to the existing subgrade material being unsuitable (a porous colluvium material), it was determined that the existing subgrade material in the project's cut areas was also unsuitable porous colluvium material. At the recommendation of the -1 - pwO4~egdrpt~92~l 124~pw92-O4.002 1112 geotechnical firm, the materials will be overexcavated to remove, and then re- compact the unsuitable materials to alleviate future subgrade settlement. FISCAL IMPACT: On August 25, 1992, the City Council approved the appropriation of ~511,500, plus a 10% contingency of ~51,150, for a total of $562,650. T, hen on October 27, 1992, the City Council approved C.C.O. No. 001 in the amount of $70,000. The necessary work to be performed shall be at Force Account (time and materials) and is estimated at $75,000, therefore an additional appropriation of $75,000 for Contract Change Order No. 002 is required at this time to be appropriated from Measure "A" " funds to Capital Projects Acct. No. 210-165-606-5804. -2- pwO4%egdqu~92% 1124%pw92.-04.002 1112 ITEM NO. 9 APPROVAL CITY ATTORNEY FINANCE OFFICEFi CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ,,~ Tim D. Serlet, Director of Public Works/City Engineer November 24, 1992 Contract Change Order No. 003 for Additional Professional Services by Law/Crandall Incorporated for Geotechnical Services on Margarita Road Extension Interim Improvements Project, PW92-04 '~Scott Harvey, Associate Engineer RECOMMENDATION: A. Approve Contract Change Order No. 003 consisting of the following: Increase in contract amount for additional Geotechnical Services. Increase = ~7,900. Be Approve a transfer of $7,900 from the Measure "A" fund to the Capital Projects Account. Ce Appropriate $7,900 to Capital Projects Acct. No. 210-165-606-5804 from Unreserved Fund Balance· BACKGROUND: The Contract for Geotechnical Services for Margarita Road Extension Interim Project No. PW92-04 was awarded on September 8, 1992 to Law/Crandall Incorporated for $6,300. This amount was for approximately 90 man-hours to observe and provide soil testing for the original approved construction project. On October 27, 1992 City Council approved C.C.O. No. 001 for the general contractor R. J. Noble Company to overexcavate the unsuitable materials in the project's fill area. The proposed C.C.O. No. 002 for the general contractor R. J. Noble Company is a separate area to overexcavate the unsuitable materials in the project's cut area. Contract Change Order No. 003 consists of the following: 1. Additional Geotechnical Observation and Testino Services. Additional ol- PwO4~gdmt~92~3124~pwS2-04.003 ~112 Geotechnical Services are needed to provide for the Geotechnical Observation and Testing Services for Margarita Road Extension Interim Improvements Project PW92-04 two change orders (C.C.O. No. 1 and 2), so to insure a proper process of soil compaction and to provide · suitable subgrade. The estimated time to provide for the additional Geotechnical field observations and testing services is approximately 104 man-hours. FISCAL IMPACT: On September 8, 1992, the City Council-approved the appropriation of ~6,300 for the Geotechnical Services to Law/Crandall Incorporation. The necessary additional work to be performed shall be at Force Account (time and materials) and is estimated to $7,900, therefor an additional appropriation of $7,900 for Contract Change Order No. 001 is required at this time to be appropriated from Measure "A" funds to Capital Projects Acct. No. 210-165-606- 5804. -2- pwO4%egdrpt%92%l 124%pw92-04.00'3 1112 ITEM NO. 10 APPROVAL TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer November 24, 1992 Contract Change Order No. 004 for Additional Professional Services by Rick Engineering Company for Land Surveying on Margarita Road Extension Interim Improvements Project, PW92-04 PREPARED BY: Scott Harvey, Associate Engineer RECOMMENDATION: Ae Approve Contract Change Order No. 004 consisting of the following: 1. Increase in contract amount for additional Land Surveying Services. Increase = $4,000. Be Approve a transfer of $4,000 from the Measure "A" fund to the Capital Projects Account. Ce Appropriate $4,000 to Capital Projects Acct. No. 210-165-606-5804 from Unreserved Fund Balance. BACKGROUND: The Contract Land Surveying Services for Margarita Road Extension Interim Project No. PW92-04 was awarded on September 8, 1992 to Rick Engineering Company 'for $ 40,000. On October 27, 1992 City Council approved C.C.O. No. 001 for the general contractor R.J. Noble Company to overexcavate the unsuitable materials in the project's fill area. The proposed C.C.O. No. 002 for the general contractor R.J. Noble Company is a separate area to overexcavate the unsuitable materials in the project's cut area. Contract Change Order No. 004 consists of the following: Additional Land Surveying Services. Additional Land Surveying Services are needed to stake additional slope staking for the Margarita Road Extension -1- pwO4%egdrpt~92~1124%pw92-O4.004 1112 Interim Improvements Project PW92-04 two change orders (C.C.O. No. I and 2), so to provide the grading contractor with the proper area and depth to excBvBte. FISCAL IMPACT: On September 8, 1992, the City Council approved the appropriation of $40,000 for the Land Surveying Services to Rick Engineering Company. The necessary additional work to be performed shall be at Force Account (time and materials) and is estimated to $4,000, therefor an additional appropriation of $4,000 for Contract Change Order No. 001' is required at this time to be appropriated from Measure "A" funds to Capital Projects Acct. No. 210-165-606- 5804. -2- pwO4%egdrpt%92%l 124%pw92-04.004 1112 ITEM NO. 11 APPROVAL TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/~t~, ~Manager Gary Thornhiil ~rector Of Planning November 24, 1992 Change of Zone No. 5724 and Tentative Tract Map No. 25277, No. 4 Amendment Change of Zone No. 5724 and Tentative Tract 25277, Amendment No. 4 appeared on the City Councils agenda November 10, 1992. Due to a lengthy discussion of other public hearing items, this case was continued to the November 24, 1992 City Council meeting. vgw S%STAR:IqPT%5724.CC 1 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager November 24, 1992 Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 RECOMMENDATION: It is requested that the City Council: Read by title only and introduce an ordinance entitled: ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY BY APPROVING THE CHANGE OF ZONE APPLICATION NO. 5724 CHANGING THE ZONE FROM R-R {RURAL RESIDENTIAL) TO R-1 (ONE FAMILY DWELLINGS) ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5724 CHANGING THE ZONE FROM R-R TO R-1 ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4 TO SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE FAMILY LOTS AND 5 OPEN SPACE LOTS LOCATED AT THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF THE TEMECULA CREEK INN. S'tSTA~5724CZ-4.CC 1 Adopt Negative Declaration: NEGATIVE DECLARATION FOR CHANGE OF ZONE NO. 5724 AND TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4. BACKGROUND The Planning Commission approved Change of Zone No. 572'4 and Tentative Tract Map No. 25277, Amendment No. 4 on September 21, 1992 on a 5-0 vote. A number of homeowners surrounding the project site expressed their opposition to the project (see attached minutes and letters). Their concerns included: lack of provisions for handling first flush pollutants, traffic on Via Gilberto and Pala Road, noise and light pollution, impacts on wildlife, excessive grading, density, decrease in property values, safety of children on Via Gilberto, grading the site without construction for many years, the excessive number of homes approved already in the City, increased crime and pollution and the availability of secondary access. The Planning Commission felt the above concerns had been mitigated through staff's Conditions of Approval. The Planning Commission approved the project with the addition of a new condition 38.A. to read as follows:. 38 .A. Lots 1, 2 and 3 shall be eliminated and be replaced by open space lots. Similarly, lot 11 shall be replaced by an open space lot. These two open space lots shall be dedicated to the City as permanent open space. In addition, the Commission, amended Condition No. 18.F.(4) to read as follows: 18.F.(4) All graded slopes over three (3) feet high shall be planted with large shrubs and ground cover immediately after rough grading the site. A Performance Bond shall be secured prior to issuance of grading permits to insure installation of this landscaping. A one year Maintenance Bond will be required to insure maintenance and survival of this landscaping. Irrigation may be accomplished by permanent irrigation or using water trucks· FISCAL IMPACT None Attachments: 2. 3. 4. 5. 6. 7. Ordinance 92- for Change of Zone No. 5724 - page 3 Resolution 92- for Change of Zone No. 5724 - page 6 Resolution 92- for Tentative Tract Map No. 25277, Amendment No. 4 - page 11 Conditions of Approval - page 17 Planning Commission Minutes (September 21, 1992) - page 18 Planning Commission Staff Report (September 21, 1992) - page 19 Development Fee Checklist - page 20 S~STAFFRPT~5724CZ-4,CC 2 ATTACHMENT NO. 1 ORDINANCE NO. 92- S\STAFFRPT%5724CZ-4,CC 3 ---- ATTACHMENT NO. 1 ORDINANCE NO. 92- AN ORDINANCE OF TBT. CITY COUNCIL OF ~ CITY OF TEMEC~A, CALIFO~, 'AMENDING ~ OFFICIAL ZONING MAP OF SAm CITY BY APPROVING THY~ CHANGE OF ZONE APPLICATION' NO. 5724 CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-1 (ONE FAMILY DWELLINGS) ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TI~tECU'LA CREEK INN. TIlE CITY COUNCIL OF ~ CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findin~,s. That the Temecula City Council hereby makes the following findings: Public hearings have been heard before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temeeula. The application for the Change of Zone as shown on the attached exhibit is hereby approved and ratified as part of the Official Zoning map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in effect the zone or zones as described in change of Zone No. 5724 and in the above title, as shown on zoning map attached hereto and incorporated herein. Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this Ordinance and cause it to be posted in at least three public places in the City. Section 3. Taking Effect. This Ordinance shah be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of the Ordinance and cause copies of the Ordinance to be posted and published as required by law. SXSTAFFRPT\5724CZ4.CC 4 PASSEB, APPROVED AND ADOPTED this 24th day of November, 1992. ATTEST: PATRICIA H. BIRDSALL, MAYOR June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss C1TY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 92--- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of November, 1992, and that thereafter, said Ordinance was duly adopted and passed a regular meeting of the City Council on the __ day of , 199 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: ABSEI~FI': COUNCIL1ViE1ViBERS: COUNCIL1ViE~ERS: APPROVF~n AS TO FORM: June S. Greek, City Clerk Scott F. Field City Attorney S~STAFFFIF~5724CZ,.4.CC 5 ATTACHMENT NO. 2 RESOLUTION NO. 92- S%STAFFRPT%5724CZ4.CC 6 ATFACH]VI~-NT NO. 2 RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5724 CHANGING THE ZONE FROM R-R TO R-1 ON PROPERTY LOCATED ON THF~ SOUTHWESTERLY SIDE. OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. ~VHEREAS, Acacia Construction filed Change of Zone No. 5724 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; .WHEREAS, the Planning Commission considered said Change of Zone on September 21, 1992, at which time interested persons had an opportunity to testify either in support opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; WHEREAS, the City Council conducted a public hearing pertaining to said Change of Zone on November 24, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff ' Report regarding the Change of Zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Cede Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the S%STAFFRP~5724CZ4.CC 7 2. The planning agency fincls, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. Them is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecuh as · the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in approving the proposed Change of Zone, makes the following findings, to wit: 1. There is a reasonable probability that Change of Zone No. 5724 will be consistent with the City' s future General Plan, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the density of the project, 2.01 dwelling units per acre, is consistent with the Low Density Residential Land Use designation of the future General Plan. Furthermore, the proposed R-I zone will be consistent with the Low Density Residential Zoning District with a Planned Development Overlay Zone. 2. There is not a likely probability of substantial detriment to, or interference, with the future General Plan ff Change of Zone No. 5724 is ultimately inconsistent with the Phn, due to the fact that the project is consistent with the existing single family dwelling developments in the immediate vicinity and their unde~ying zones. 3. The project is compatible with surrounding land uses since this project is a single family dwelling development and the surrounding land uses are single family dwellings, a goff course and vacant land. 4. The proposal will not have an adverse effect on the environment since mitigation measures have been incorporated into the project design and Conditions of Approval to reduce the impacts to a level of insignificance. S~STAFFRFTt, S?24CZ'4-CC 8 D. The Change of Zone is compatible with the health, safety and welfare of the community. Section 2. l~-nvironmental Conlpliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures .in the Conditions of Approval have been added to the projbct, 'and a Negative Declaration, therefore, is hereby granted. Section 3. Conditions. That the City of Temecula City Council hereby approves Zone Change No. 5724 to change the zoning on 47.7 acres of land from R-R to R-1 on property located on the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED AND ADOPTED this 24th day of November, 1992. ATTEST: PATRICIA H. BIRDSALL MAYOR June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) S~STAFFRPT%B724CZ-4.CC 9 I HEREBY' CERTIFY that the foregoing Remlution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 24th day of November, 1992 by the following vote of the City Council: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBF/tS: COUNCILMEMBERS: JUNES. GREEK CITY CLERK $~$TAFFIqPT~5724CZ-4.CC I 0 ATTACHMENT NO. 3 RESOLUTION NO. 92- S'~$TAFFRPT~S724CZ-4.CC 11 ATTACHMENT NO. 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA At'PROVING TENTATIVE TRACT MAP NO. 25277, A_MENDMENT NO. 4 TO SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE FAMH~Y LOTS AND S OPEN SPACE LOTS LOCATED AT THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GH~RERTO AND THE EASTERLY SIDE OF WHEREAS, Acacia Construction filed Tentative Tract Map No. 25277, Amendment No. 4 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WItEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Tract Map on September 21, 1992 at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Tract Map; WHEREAS, the City Council considered said Tentative Tract Map on November 24, 1992, at which time interested persons had an opportunity to testify either in support-or opposition; WHEREAS, at the conclusion of the Council hearing, the Council approved said Tentative Tract Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Fmdin~.~. That the Temecula City Council hereby makes the following' findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: $~$TAm724CZ.,4.CC 12 general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a' reasonable ~robability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasbnable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. A. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. B. The proposed Tentative Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: plan. The city is proceeding in a timely fashion with a preparation of the general 2. The Planning Commission f'mds, in recommending approval of pwjects and taking other actions, including the issuance of building penits, pursuant to this title, each of the following: a. There is reasonable probability that Tentative Tract Map No. 25277, Amendment No. 4 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan ff the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complies with all other applicable requirements of state law and local ordinances. C. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: S\STAFFRPT~5724CZ-4.CC I 3 That the proposed land division is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. 3. That the site of the proposed l~md division is physically suitable for the type of development. 4. That the site of the proposed land division is physically suitable for the proposed density of the development. 5. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 6. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. 7. That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shah apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. D. The Council in approving of the proposed Tentative Tract Map, makes the following findings, to wit: 1. There is a reasonable probability that Tentative Tract Map No. 25277 will be consistent with the City' s future General Plan, which will be completed in a reasonable time and in accordance with State Law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project, 2.01 dwelling units per acre, is consistent with the future General Plan Land Use Designation of Low Density Residential. 2. There is not a likely probability of substantial detriment to, or interference with the City' s future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, a goff course and vacant land. 3. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). 4. The project as designed and conditioned will not adversely affect the public health or weftare since all impacts have been mitigated to a level of insignificance. S\STAFFRPT\5724CZ4.CC 14 5. The project is compatible with surrounding land uses since the proposed single family dwellings are consistent with the existing single family dwellings, the goff course and the vacant land surrounding the project. 6. The project as designed and conditioned will not adversely affect the built or natural environment' as determined in the Environmental Analysis for this project. 7. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and heroin incorporated' by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions. of Approval. 8. The City Council has considered the effect of its action upon the housing needs of the region and has tmhnced these needs against the public service needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 9. The proposed project wffi not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13000 et seq. of the California Water Code by requiring the project to comply with Eastern Municipal Water District's requirements. 10. The design of the ..subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1) by limiting the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. 11. The project has acceptable access by means of dedicated fight-of-way and has been conditioned to acquire the necessary fight-of-way for secondary access. E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. S%STAFFRPT\5724CZ..4.CC 15 section 3. Conditiom. That the City of Teme~ula City Council hereby approves Tentative Tract Map No. 25277, Amendment No. 4 for the subdivision of a 47.7 a~re parcel into 96 single family lots and 5 open space lots located at the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn and known as Assessor's Parcel No. 918-180-005 & 019 subject to the following conditions: A. Exhibit A, attached hereto. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED AND ADOFrED this 24th day of November, 1992. ATTEST: PATRICIA H. BIRDSALL MAYOR June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 24th day of November, 1992 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JUNE S. GREEK CITY CLERK mSTAFFRFnS?24CZ4.CC 16 ATTACHMENT NO. 4 CONDITIONS OF APPROVAL S~STAFFRFT\5724CZ..4.CC I 7 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Tract Map No: 25277, Amendment No. 4 Project Description: A request for approval of a subdivision to include 96 single family lots and 5 open space lots proposed on 47.7 acres Assessor's Parcel No.: 918-180-050, 019 PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460 unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration .date is e Any delinquent property taxes shall be paid prior to recordation of the final map. Subdivision phasing shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of both the comprehensive rough grading plan and the final precise grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to I and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes for structures shall be a minimum of one-half the slope height or as otherwise approved by the City Engineer. B. Be contour-graded to blend with existing natural contours. The applicant shall comply with the Army Corps of Engineers recommendations outlined in the letter dated March 6, 1992, a copy of which is attached. The applicant shall comply with the Rancho California Water District recommendations outlined in the letter dated March 4, 1992, a copy of which is attached. S\STAFFRFT\5724CZ.PC ~ Revieed October 30. 1992 2 1 11. 12. 13. 14. 15. 16. The applicant shall comply with the California Department of Fish and Game recommendation outlined in the transmittals dated July 9, 1991 and April 20, 1992, copies of which are attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated August 4, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Temecula Valley Unified School District's transmittal dated August 12, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Community Services Department transmittal dated July 7, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated January 28, 1991, a copy of which is.attached. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-1 zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following.shall be noted on the ECS: A. The Pechanga Creek is designated as a wildlife corridor. This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. S\STAFFRPT\5724CZ.PC Revised October 30, 1992 22 ~ _ 17. Prior to the issuance of GRADING PERMITS, the following conditions shall be satisfied: Prior to the issuance of grading permits, detailed landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. These plans shall be consistent with the conceptual landscape plan as required by Condition No. 18.F. The plans shall be certified by a landscape architect, and shall provide for the followiqg: (1) Automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. However, areas being retained in their native state shall not have permanent irrigation systems and should not be irrigated unless 'revegetation is required. (2) Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. (3) Front yards shall be landscaped including street trees. Typical front yard landscaping shall be included for interior lots, corner lots and cul-de-sac lots. (4) A wall and fencing plan shall be submitted for the project . Wooden fencing shall not be allowed on the perimeter of the project or the side yard of corner lots. This plan may be incorporated into the landscape plans. (5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. (6) Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way. (7) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. (8) Trails and picnic area facilities shall be depicted on the landscape plans. (9) All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. '(10) All street trees shall be a minimum of 15 gallon. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: (1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. S~,STAFFRPT%5724CZ.PC ~ Revieecl October 30, 1992 23 (2) ~ 18, Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. (3) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. (4) Where cut or fill slopes exceed 300 ~eet in'. horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by .the Habitat Conservation Plan as implemented by County ordinance or resolution. A qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts..Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. All manufactured slopes shall be planted with erosion control, low, fire resistant, native and drought tolerant landscaping. The temporary irrigation for these slopes shall be removed after plants have been established. The temporary irrigation shall be designed as not to damage the existing oak trees on the site. Prior to the approval of rough grading plans and recordation of the Final Map, a comprehensive rough grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Approximate time frames for grading and identification 'of areas which may be graded during the higher probability rain months of January through March. B. Preliminary pad and roadway elevations. C. Areas of temporary grading outside of a particular phase. S\STAFFRPT\5724CZ.PC Revised October 30, 1992 24 "' Oak tree preservation according to Condition No. 19. Grading on the open space lots shall be kept to a minimum to preserve the natural state of the environment. This condition applies to lots 97, 99 and 100. Prior to recordation of the final map, a conceptual landscape plan'shall be approved by the Director of Planning..Thq following shall be considered when preparing and approving this plan: ( 1 ) The preservation of the Oak trees is required by Condition No. 19. (2) The revegetation of the Pechanga Creek as required by Condition No. 29. (3) Using drought tolerant, fire resistant plant type for slope planting as required by Condition No. 20.G. (4) All slopos ovor throo foot high sholl bo irrigatod and Iondsoopod. All graded slopes over three (3) feet high shall be planted with large shrubs and ground cover immediately after rough grading the site. A Performance Bond shall be secured prior to issuance of grading permits to insure installation of this landscaping. A one year Maintenance Bond will be required to insure maintenance and survival of this landscaping. Irrigation may be accomplished. by permanent irrigation or using water trucks. (Amended by Planning Commission at the September 21, 1992 meeting). (5) Irrigated and non-irrigated areas shall be identified. (6) Trails, picnic areas and all associated signs within the open space areas shall be identified. (7) Typical front yard landscaping for interior, corner and cul-de-sac lots shall be included to include street trees, hydroseeding or sod, shrubs and ground cover. (8) Location of all walls and fences shall be identified. The perimeter of the project shall include decorative block wall, wrought iron or combination as specified in Condition No. 27. Corner lot side yards shall be decorative block wall. (9) Erosion control shall be consistent with Ordinance No. 457.75. (10) Timing of installation of all landscaping shall be specified on the plans. S%STAFFRPT\5724CZ.PC Reviled October 30, 1992 25 19. An oak tree protection and replacement program, prepared by a licensed arborist (oak tree specialist/biologist) shall be prepared prior to recordation of the final map and shall be implemented. This arborist/biologist shall be present on the site throughout all grading and construction activities which may impact the oak trees on the site. The program shall include but not be limited to the following components: A. Program Elements to be graphically depicteld on rough and precise grading plans: (1) The location of the trunk and extent of dripline for all trees within the project site and the type and location of any project fencing. The trees that will be saved, transplanted or eliminated shall be identified on these plans. Trees that are eliminated shall be replaced as specified on Condition No. 19.B.8. All the trees on the project site and within 75 feet of the centerline of the secondary access on the Querry property to the east (Tentative Tract Map No. 27473) or the extent of ground disturbance necessary for the construction of this road, whichever is more, shall be identified. (2) Construction envelopes shall be designated on all parcels located outside the driplines of all oak trees. All ground disturbances including grading shall be prohibited outside construction envelopes. (3) Equipment storage and staging areas shall be designated on rough and precise grading plans at least six (6) feet outside of dripline areas. (4) All replacement trees and transplanted trees may be used to revegetate the creek as specified in Condition No. 29. (5) Permanent tree wells or retaining walls shall be specified on precise grading plans. (6) Drainage plans shall be designed so that oak tree trunk areas are properly drained to avoid ponding. (7) All utilities shall be placed directly adjacent to roadways and driveways in order to minimize impacts to trees. All utilities shall be placed within construction envelopes. (8) The following bonds shall be secured by the developer, or his successors in interest: (A) Prior to issuance of grading permits: To preserve, transplant and replace the eliminated trees with new saplings in compliance with the conditions of approval during the grading, construction or any other related activity. S\STAFFRFT\S724CZ.PC Revieecl October 30, 1992 2 6 (9) (10) '(B) Prior to acceptance of the open space lots by the City: To ensure the long term survival of the transplanted trees and new saplings. (C) Prior to acceptance of the open space lot by the City: To ensure the "long term survival" of any tree that has been damaged as a result of construction activities. Long term survival shall mean a minimum of 10 years or if otherwise determined by the arborist and approved by the Planning Director. The amount of bonds shall be determined by the arborist and approved by the Planning Director. Sections B and C above shall not apply to trees within individual parcels. All oak trees within 25 feet of proposed ground disturbances shall be temporarily fenced with chain-link or other material throughout all grading and construction activities. The fencing shall be installed six feet outside the dripline of each oak tree, and shall be staked every 6 feet. No artificial surface, pervious or impervious, shall be placed within 6 feet of the dripline of any oak tree. If this is determined to be infeasib, le, the affected trees shall be transplanted. Program elements to be printed as conditions on final grading and building plans: (1) (2) (3) (4) (5) No grading or development shall occur within the driplines of oak trees which occur in the construction area. (6) No construction equipment shall be parked, stored or operated within 6 feet of any oak tree dripline. No fill soil, rocks or construction materials shall be stored or placed within six feet of the dripline of an oak tree. Any roots encountered that are one inch in diameter or greater shall be cleanly cut and sealed with a tree-seal compound. Any trenching required within the dripline or sensitive root zone of any oak tree shall be done by hand. Any oak tree roots greater than one inch in diameter exposed in any trench shall be cut and sealed with approved sealant immediately after the trench is excavated. Irrigation shall not occur within the dripline of any existing oak tree that has not previously been irrigated, except as otherwise recommended by the arborist. S\STAFFRPT\5724CZ,PC -"-- Revied October 30, 1992 27 (7) 'Only designated trees shall be transplanted and/or eliminated. 20. (8) Any oak trees which are eliminated and/or damaged (more than 40% of root zone disturbed) shall be replaced on a 10:1 basis with 10 gallon size saplings grown from locally obtained seed. Where necessary to remove a tree and feasible to replant, trees shall be boxed and replanted. A drip irrigation system with a timer shall, be installed as recommended by the arborist. Trees shall be maintained until' established (ten years or as determined by the arborist and approved by the Planning Director). The plantings shall be protected from predation by wild and domestic animals, and from human interference by the use of staked, chain link fencing and gopher fencing during the maintenance period. (9) Any unanticipated damage that occurs to trees or sensitive habitats resulting from construction activities shall be mitigated in a manner approved by the Planning Director.. This mitigation may include but is not limited to tree replacement as specified in Condition No. 19.B.8. The required mitigation shall be done immediately under the direction of the Planning Director prior to any further work occurring on site. (10) All trees located near proposed buildings shall be protected from stucco or paint during construction. ( 11 ) A Planning Director approved arborist shall be onsite throughout all grading and construction activities which may impact trees located on the site. C. Prior to issuance of grading permits, the applicant shall submit a copy of the precise grading plans to the Planning Department for review and approval. All aspects of the plan shall be implemented as approved. Monitorina: Planning Department shall conduct site inspection throughout all phases of development to ensure compliance with and evaluate all tree protection and replacement measures. Release of performance security requires Planning Staff signature. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. S\STAFFRPT\S724CZ.PC Revised October 30, 1992 21. 22. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class B) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. F-. All street side yard setbacks shall be a minimum of ten (10) feet. The precise grading plan shall be subject to the approval of the Fire Department. Minimum 30 foot rear and side yard setbacks shall be required for lots abutting (from the side or rear) the open space areas to minimize the fire hazards. The developer shall consider this condition when designing the units to ensure compliance with these setback adjustments. Native, drought tolerant and fire resistant landscaping shall be used to protect the slopes to further reduce the fire hazards, or other mitigation measures approved by the Fire Department. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation within each individual lot shall be installed in accordance with approved plans prior to the issuance of occupancy permit for that lot. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. All landscaping and irrigation outside individual lots shall be completed prior to issuance of the first occupancy permit. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 25277, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. S\STAFFRPT%5724CZ.PC ---- Revised October 30, 1992 29 24. 25. 26. 27. 28. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Within forty-eight (48) hours of the approval of th~ project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar (925.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted her. in shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). The following information shall be included with the White Report and be available to the prospective residents of the project at the time of initial marketing: A. A copy of the State Department of Agriculture Pamphlet, Living Among the Oaks. The back yard lighting for all lots abutting the Pechanga Creek shall be limited to a type that limits light pollution in the creek. The Pechanga Creek is designated as a wildlife corridor and using the trails after dark is discouraged. A combination of block wall (3 feet high) and wrought iron (3 feet high) fencing shall be constructed along the rear property lines of all lots abutting the Pechanga Creek. The same wall shall' be constructed along the side and rear property lines of all the lots that abut all the open space areas. The side yard fencing on all corner lots shall be a block wall. Signage shall be included for appropriate locations on the trails to inform all trail users of the potential presence of Mountain Lions after dark. The sign shall read "Warning, Mountain Lion Country, A Risk, There are Mountain Lions in this area, they are unpredictable and dangerous. Minors (under 18 years of age) may be attacked without warning, they must remain under direct adult supervision at all times." Signage shall be approved by the Director of Planning prior to issuance of Occupancy Permits. S%STAFFRPT\5724CZ ,PC Revised October 30, 1992 30 ~ 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. The creek shall be revegetated to enhance the wildlife corridor for wildlife movement. This revegetation shall be subject to approval of a qualified biologist/an arbor/st and a registered landscape architect. This plan shall be submitted for review and approval of the Planning Director prior to issuance of grading permits. Oak trees that need transplanting may be used to revegetate the wildlife corridor. A pamphlet shall be available to all trail users to providing tips in case of encountering Mountain. Lions (refer to Attachment "7" of the Staff Report). This pamphlet shall be available at all trail signs. No grading permits shall be issued until the precise grading plans and the ~inal landscape plans for the entire project is approved by the Planning Department. The applicant shall receive appropriate Fish and Game and Army Corps of Engineers permits prior to issuance of grading permits. A copy of clearances from these agencies shall be submitted to the Planning Department. The precise grading plan shall include the secondary access alignment through the Querry property to the east (Tentative Tract Map No. 27473). Trails and picnic areas shall be developed, completed and dedicated to the City prior to issuance of the first occupancy permit for the project. The applicant shall complete the annexation procedures to the Eastern Municipal Water District and Rancho California Water District and receive approval of the improvement plans for installation of all utilities prior to recordat/on of the Final Map. A historic site, CA-RIV-330-H, is located just outside the project boundary to the South of the southwest property line. This adobe wall shall be protected from grading and possible blasting even though it is outside the project boundary. Fencing shall be erected around the adobe walls to protect the structural integrity of the wall from equipment and grading. If blasting is required within the vicinity of the wall, acceptable mitigation measures shall be incorporated to protect the structures. The fencing shall be shown. on the grading plans. This fencing shall be at least four feet high and thirty feet in diameter surrounding the wall. With the incorporation of these mitigation measure, the impacts would be reduced to a level of insignificance. Heavy construction activity and deliveries shall be restricted to the hours of 7 a.m. to 7 p.m. on weekdays. A mitigation monitoring program shall be submitted to identify all environmental mitigation measures contained in the Conditions of Approval. This program shall identify the impacts the mitigation measures, the stage of the development the mitigation measures are to be enforced and the responsible party for monitoring the mitigation measures. All cost necessary to implement his program shall be the responsibility of the applicant. S\STAFFRPT~5724CZ.PC Revised October 30, 1992 3 1 Lots 1, 2 and 3 shall be eliminated and be replaced by an open space lot. Similarly, lot 11 shall be replaced by an open space lot. These two open space lots shall be dedicated to the City as permanent open space. (Added by Planning Commission at the September 21, 1992 meeting). DEPARTMENT OF PUBLIC WORKS The following are: the Department of Public Works Conditions of Approval fo~ this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 39. The Subdivider shall record a written agreement within 72 hours of approval of the Tentative .Map confirming an offer to waive the owner's rights as described in section 66462.5 of the Subdivision Map Act or this approval shall be revoked and deemed void. The Subdivider shall not request or require the City of Temecula to enter into condemnation proceedings to acquire any offsite right-of-way needed within Tentative Tract Map No. 27473 to comply with these conditions of approval. The Subdivider shall not record any phase of the approved tentative map until adequate right-of-way for secondary access' has been acquired at the owner's sole expense. Failure to acquire any offsite right-of-way shall not void or invalidate any condition of approval. 40. Subdivider shall not record any phase of this map until Tentative Map 27473 is approved showing a fixed alignment for the secondary access road, and a preliminary grading and construction analysis has been completed in complete compliance with CEQA requirements identifying all mitigation measures. 41. If Tentative Map 27473 is not approved prior to the Subdivider's request to record any phase of this map, the owner shall submit a revised Tentative Map to the City of Temecula for review and approval showing a fixed alignment for the secondary access road across the adjacent property, shall acquire the necessary right-of-way for roadway purposes at his sole expense, shall complete a grading and construction analysis, and shall be in complete compliance with CEQA requirements including mitigation measures. Subdivider shall pay all fees associated with the processing of a revised map and all associated studies. 42. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. S\STAFFRPT\5724CZ.PC Revieed October 30, 1992 3 2 ""' 43. 44.¸ 45. 46. 47. 48. 49. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control*District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; Metropolitan Water District; Temecula Community Services District; General Telephone; Southern California Edison Company; Southern California Gas Company; Army Corp of Engineers; and Department of Fish and Game AI.I road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Via Gilberto and Streets "A" through "J" shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). The Via Gilberto and Via Eduardo crossings at Pechanga Creek shall be improved with full width bridges consistent with the ultimate required road improvements, or bonds for the bridge improvements may be posted, within the dedicated right-of-way in accordance with applicable City, County and State Standards. A secondary access road with a minimum of 32 feet of AoC. paving shall be provided within a minimum of 45 feet of dedicated right-of-way, or bonds may *be posted, from Street "H" or Street "J" across the adjacent property (Tentative Tract Map No. 27473). The right-of-way shall be 60 feet in width with 32 feet minimum of A.C. paving from the terminus of Via Eduardo southwesterly to the boundary of Tentative Tract Map No. 27473. The existing cul-de-sac shall be reconstructed for through traffic and drainage. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements, when required for roadway slopes, recreational trails, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. S~STAFFRPT~S724CZ.PC /--' Revieed O~toloer 30. 1992 3 3 51. 52. 53. 54. 55. 56. 57. 58. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street and slopes) and erosion control. D. Sewer and domestic water systems. E. All trails, as required by the Temecula Community Services District. F. Undergrounding of proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. (Tentative Map No. 27473). Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 91-43 and as approved by the Department of Public Works. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the Building and Safety Department. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. S%STAFFRPT%5724CZ.PC Revieed October 30, 1992 34 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. Engineered improvement plans for the bridge crossings shall be included with the street improvement plans and shall be required for review and approval by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). , All driveways shall be located a minimum of two (2) feet from the' side property line. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A formal drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." A drainage easement shall be obtained from the affected property owners for the release · of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. If deemed necessary by the Department of Public Works, a copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for review. Slope protection shall be provided for all work performed within Pechanga Creek. All facilities shall conform to City of Temecula and Riverside County Flood Control standards. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. S\STAFFRFr%S724CZ.PC Revi~,ed October 30, 1992 72. 73. 74. PRIOR 75. 76. 77. The subdivider shall protect downstream properties from damages caused' by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A and is subject to flooding of undetermined depths. ,Prior to the approval of any plans, this project shall comply with Ordinance 91-12 of the City of Temecula and with the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. The developer 'shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain and any other development constraints. Prior to final map; the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. TO ISSUANCE OF GRADING PERMITS: Prior to issuance of a grading permit, developer must comply with the requirements of a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until a NPDES clearance is granted or the project is shown to be exempt. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. If blasting is to occur during the grading process, permits shall be obtained from the City of Temecula Police Department. Notice shall be given to all residents and property owners within 1000 feet of the project boundary at least 3 days prior to blasting. Blasting shall only be conducted between the hours of 10:00 AM and 4:00 PM, Monday through Friday except Federally recognized holidays. If an emergency situation related to safety or weather conditions should occur, blasting may occur outside of these hours. Blasting shall be performed in accordance with the following specifications, and in such a manner that noise, ground and air vibration, and dust are maintained .at levels which satisfy Federal, State, County and City standards: A. Blasting shall be conducted by a trained and licensed blaster. The explosive used for blasting work will be standard commercial products specifically designed for mine applications. C. Blasting shall be performed using electric or non-electric blasting systems. All blasts shall be detonated with a millisecond delay system to limit the quantity of explosive detonated per delay period and to provide for sequential control of the blast detonation. S\STAFFRPT~S724CZ.PC Revbed October 30, 1992 36 78. 79. 80. 81. 82. 83. 84. 85. Ee The explosives shall include bulk ANFO suitably primed for blast hole conditions, unless other more suitable materials are deemed appropriate by the blasting consultant. F. Water-resistant explosives shall be used where wet blast hole conditions exist. Explosive supplies shall be used in accordance with the technical recommendations of the manufacturer and the Institute of Makers of Explosives. All blast holes shall be carefully stemmed with inert granular material, and individual blast holes will be loaded with due recognition of instant rock fracture and burden conditions. Seismic monitoring of each blast shall be performed by an independent, qualified consultant. Prior to any work being performed within Pechanga Creek, a 404, 1603 and any other necessary permits shall be obtained from the appropriate agencies. (Army Corp of Engineers, Department of Fish and Game, San Diego Regional Water Quality Control Board, etc.) A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the Department of Public works. Erosion control and runoff mitigation plans shall be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. Erosion control and runoff mitigation shall be maintained at all times. All lot drainage shall be to the street-by side yard drainage swales independent of any other lot. If deemed necessary at the time of grading permit issuance, a flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If not deemed necessary or if the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. A letter of permission shall be required from all adjacent property owners for any grading work within their property. If necessary, a permit from the County Flood Control District is required for any work within their right-of-way. S\STAFFRFT%5724CZ.PC /'- Revieecl October 30, 1992 37 PRIOR 86. 87. 88. 89. PRIOR 90. 91. 92. TO BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. Prior to the issuance of any building permits, construction of the expansion, realignment or replacement of the Pala Road Bridge over Temecula Creek shall have begun. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved comprehensive rough grading plan. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post security to secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: Complete full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. A 32 foot wide secondary access road from Street "H" or Street "J" to Via Eduardo shall be completed within a recorded right-of-way for roadway purposes as approved by the Department of Public Works. Full width bridge crossings at Via Gilberto and Via Eduardo shall be completed within the dedicated right-of-way for roadway purposes to be acquired by the subdivider at his own expense. A minimum of 32 feet of A.C. paving within 60 foot right-of-way shall be completed to connect to the existing Via Eduardo cul-de-sac terminus to the northerly boundary of Tentative Map 27473. S%STAFFRPT~5724CZ,PC Revimed October 30. 1992 38 93. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. 94. No occupancy shall be granted until the expansion, realignment or replacement of the Pala Road Bridge over Temecula Creek has been coml~leted. Transoortation Enaineerina PRIOR TO RECORDATION OF THE FINAL MAP: 95. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works as directed by the Department of Public Works and shall be included in the street improvement plans. 96. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Via Gilberto at Pala Road and shall be included in the street improvement plans with the second plan check submittal. 97. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 98. A Transportation Demand Management program will be required. 99. Subdivider shall execute an agreement for the reimbursement of construction cost above his pro rata share of the improvements of the traffic signal at Via Gilberto and Pala Road from future development as determined by the Department of Public Works. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 100. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 101. All signing and striping shall be installed per the approved signing and striping plan. 102. The traffic signal at Via Gilberto and Pala Road shall be installed and operational per the special provisions and the approved traffic signal plan. 103. The subdivider shall provide "stop" controls at the intersection of local streets along Via Gilberto as directed by the Department of Public Works. 104. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. S\STAFFRFr~5724CZ.PC -'-- Revieed October 30, 1992 39 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES OISTRICT. CORPS OF ENGINEERS P,O. BOX 2111 LOS ANGELES, CALIFORNIA 30053-2325 March 6, 1992 RECEIVED i 1 MARIOBc,:j2 MMIUMM&ASSOCIATES TEMECULA. CA 92390 Acacia Construction c/o Markham and Associates 41750 WInchester Road, #N Temecula, CA 92590 Gentleman: It has come to our attention that you plan to construct a residential development (Tentative Tract Map No. 25277) in the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn Golf Course, Temecula, Riverside County, California. This activity may require a U.S. Army Corps of Engineers permit. A Corps of Engineers permit is required for: 1. Work or structures in or affecting the "navigable waters of the United States", including adjacent wetlands; construction of a pier, wharf, bulkhead or jetty, dredging, dredge disposal, filling and excavation are examples of work or structures affecting navigable waters; 2. The discharge of dredged or fill material into the "waters of the United States", including adjacent wetlands; placing bank protection, temporary or permanent stock-piling of excavated material, grading roads, any grading (including vegetative clearing operations) involving filling low areas or leveling the land, and'construction of weirs, diversions, approach fills or other structures involving the placement of fill material are examples of activities involving the discharge of dredged or fill material; 3. The transportation of dredged or fill material for the purpose of dumping it into ocean waters; 4. Any combination of the above. Enclosed you will find a permit application form and a pamphlet that describes our regulatory program. If you have any questions, please contact Robetry Smit~ of my staff at (213) 894- 5606. Please refer to this letter in your reply. Sincerely, Chief, South Coast Section Enclosures Board of Directors: Csabs F. Ko President Douglas V. Kulberg Sr, Vice President Ralph H. Daily Nancy K. Huffhes Jeffrey L. Minklet Lisa D. Peterson Richard D. Steffey O{fieers: John F. Hennigar General Manager Phillip L Forbe~ Director of Finance - Treasurer Thomas R. MeAljester Director oEOperatzons & Maintenance E. P. "Bob" Lemons D~rector of Enlmneenng Perry R, Louck Controller Linda M. Fregoso Dmtnct Secretan' McCormick. Kidman & Behrens Legal Counsel MAR March 4, 1992 City of Temecula Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Development Review Committee Agcnda Thursday, March 5, 1992 Item No. 1 Tentative Tract Map 25277 Attention: Matthew Fagan, Case Planner To Whom It May Concern: Rancho California Water District (RCWD) would like to provide comments relative to the above-referenced item scheduled for the March 5th Committee meeting. The property is not within RCWD's service boundaries. The proponent remitted an annexation processing deposit on February 27, 1990. However, the District placed the annexation on hold pending the completion of a special environmental assessment. Water service from RCWD would not be available to the property until the annexation process is completed. Recently, the processing time involved in completing an annexation has been approximately two years. if you have any questions or need additional information, please contact us. Sincerely, RANCHO CALIFORNIA WATER DISTRICT <-----~'x' -- - ~ " ""'- Laurie Witlianas Manager of Engineering Services LW:mc04/FEG Ranch. California Wsster District :2.~l)ell lhaz J(l~ed * I',NI ()fllt'c Ih,x;HII7 * Tcnlt.cul.t.l'idili,rntu;12.~;NlJ-!l, 17 · ,71 I,I;76-.1101 · I"A2'i,71 California Department of Fish and Game 330 Golden Shore, Suite 50 Lona Beach, CA 90802 RECEIVED /M R221gg2 April 20, 1992 Mr, Larry Markham 41750 Ninthester Road, Suite N Temecula, CA 92590 Dear Mr. Markham: I have reviewed the information which you provided on Tentative Tract 25277 and have the followira comments, Based on our discussions and review of the information it appears that many of the potenial impacts to the streams and oak trees have been avoided, Also, the plan could result in an enhancement of the wildlife values within that Portion PechanGa Creek which runs throuoh the pro.iect site, At this time I do not forsee. any problems with the Depertment'e execution of a SCreambed Alteration AGreement for this pro.ject, As soon as the project has completed the required compliance with the California Environmental 0uality Act and you have an aDproved plan you may request your Streambed Alteration Aoreement. The processira time for a Streambed Alteration Aoreement is approximately 30 days for when the Department receives a complete notification package. If you have any Guestions please call me at (71~) 924-2757. Sincerely ichael Giusti Environmental Specialist III Ration 5 STATE OF CALIFORNIA--THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 (213) 590-5113 PETE WILSON, Go~rnor July 9~ 1991 Mr. Scott Wright The City of Temecula 43180 Business Park Drive, Suite 200 Temecula, California 92390 Dear Mr. Wright: Tentative Tract 25277 (SCH 91062057) The California Environmental Quality Act and the California Endangered .Species Act require the lead agency to appropriately condition the project and fully implement the statutory mitigation and monitoring requirements to offset adverse impacts to the following resources which may be impacted by this project. Endanqered or threatened species of plant and animals. If the project would result in take, on or off project site, of any State-listed species or habitat essential to its continued existence, the applicant must obtain authorization from the DFG pursuant to Fish and Game Code Section 2081. Wetlands. Compliance with the DFG's Wetland Policy requires that there should be no net loss of wetland acreage or wetland habitat values, either on or off project site, due to project development. A mitigation and monitoring plan subject to DFG approval should be required for loss of sensitive habitats, including, but not necessarily limited to, freshwater marsh, riparian woodland, oak woodland, and riparian scrub vegetation. Watercourses. The DFG opposes the elimination of watercourses and/or their conversion into subsurface drains. All watercourses, whether intermittent or perennial must be retained and provided with setback buffers appropriate to preserve the riparian and aquatic habitat values. Earthen channels should be interconnected with adjacent large open space areas to increase their effectiveness as wildlife corridors in urban surroundings. The DFG has direct jurisdiction under Fish and Game Code sections 1601-03 in regard to any proposed activities that would divert or obstruct the natural flow or change the bed, channel, or bank of any river, stream, or lake. We recommend early consultation since modification of the proposed project may be required to avoid impacts to fish and wildlife resources. Scott Wright July 9, 1991 Page Two Formal notification (with fee) under Fish and Game Code Section 1603 should be made after all other permits and certifications have been obtained. Work cannot be initiated until a streambed alteration agreement is executed. The project sponsor is subject to the user fee provided by Fish and Game Code Section 711.4, and the fee is payable to the County Clerk at the time of or prior to filing the Notice of Determination by the lead agency. If a Negative Declaration is filed, the user fee is $1,250. If an Environmental Impact Report is filed, the fee is $850. It is our assessment that this project will result in cumulative loss of fish and wildlife resources and is not exempt from the user fee. In conclusion, if your analysis reveals that the above-mentioned concerns have been fully addressed throughout your decision-making process, we would not object to the project approval. However, we request that you provide us a copy of the final environmental document immediately upon approval and prior to filing the Notice of Determination. If you have any questions, please contact Kim McKee at the above address or by telephone at (213) 590-5137. Sincerely, Regional Manager Region 5 co: Office of Planning and Research Environmental Services Division 230 WEST SAN JACZN'ZO AVENUE * (/14) 657-3183 --~ ATTEN: RE: CITY OF TEMECULA PLANNING DEPARTMENT TRACT 25277 AUGUST 4, 1992 With respect to the review of the above referenced project, The site was previously designated Hazardous Fire Area by Riverside County due to the limited access, steep slopes and natural vege- tation. The hazardous designation expired when the city incorpo- rated. However, the threat from wildland fires is still a concern and should be taken into consideration in the design of the of the lots adjoining the open space and in the treatment and main- tenance of the open space lots. The project is proposing dead end cul-de-sacs that exceed ordinance lengths, the project should not be approved unless the developer can provide evidence that the off-site right-of-way can 'be acquired and that acceptable alter- nate or secondary .public access can be constructed to a location other then Via Silberto Road. The Fire Department recommends the following fire measures be provided in accordance with Temecula City and/or recognized fire protection standards. protection Ordinances 1. Schedule A fire protection approved standard fire hydrants, (6"x4"x2 1/2") located one at each street intersection and spaced no more than 350 feet apart in any direction, with no portion of any lot frontage more than 165 ft. from a hydrant. Minimum fire flow 'shall be 1000 SPM for 2 hours duration at 20 PSI. 2. Applicant/developer shall furnish one copy of the water plans to the Fire Department for review. Plans shall be signed be a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 3'/61) IZd~k,qkmmki&CJl~l (714) Z7~,-I.7'7'7 · FAX C/Ill .1~t.74~1 ~ ~'UvMJ.J.U.D. LVJ.~Li.m (6191 8634116 FiX (6111 Tract 25277 Cont. Aug. 4, 1992 5. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 4. Prior to recordation of the final map~ the applicant/developer shall provide the City Engineer with evidence that acceptable public secondary access can be constructed. 5. All buildings shall be constructed with class "B"roofing mate- rial as described in Section 5204 of the Uniform Building Code. Any wood shingles or shakes shall be approved by Building and Safety prior to installation. 6. Prior to the recordation of the final map, the developer shall deposit, with the City of Temecula, a cash sum of $400.00 per lot/unit, as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the County deferring said payment to the time of issuance of the first building permit. All questions regarding the meaning of conditions shall ferred to the Planning and Engineering Staff. be i'e- RAYMOND H. REGIS Chief Fire Department Planner Michael E. Gray,~ Fire Captain Specialist SUPPLEMENT 10/28/92 The primary concern of the Fire Department regarding building setbacks is to insure a minimum defensible space between improve- ments and the permanent natural open space areas within the project. On the lots that adjoin the open space on either a rear or side yard configuration defensible space should be a minimum 50 ft. setback landscaped and maintained by the homeowner. Pot lots where a 50 ft. sideyard setback would not be workable, the Fire Department would consider the use of alternative measures such as non-flammable construction or solid non-flammable walls along the common boundary. 2 TEMECULA VALLEY Unified School District SU~RINTENDENT PltrtCll 9, Novotney, Ed.D. BOAR,~ 01= -'DUCATION Dr. David Egr~cr. Ro~.~,~ Van~3erne Joan F. Sr, ar~man Welt SwiCl(le B;~tBara TOoker August 12, 1992 City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: Salad Naaseh Re: Acscia Construction Tract Map 2527? We would like to take this opportunity to state our position regarding the payment of school fees for the above referenced tract map. The Temecula Valley Unified School District will collect the amount in effect at the time that the building permit is applied for. Thank you for your time and cooperation concerning this matter. VerV truly yours, Temecula Valley Unified School District Lettie Boggs Coordinator, Facilities Planning 31350 Rancno vista Road .: Temecula, CA 92592 / (714) 676-2661 TO: FROM: DATE: REFERENCE: Saied Naaseh, Planning Department Beryl Yasinosky ~7 Senior Development Assistant July 7, 1992 Tentative Trnct No. 25277, Amended No. 4. 1989 The Temecula Community Services Department staff (TCSD) has reviewed the conditions as set forth in the City of Temecula Conditions of Approval' and recommends APPROVAL of Tentative Tract Map No. 25277, Amended No. 4, subject to the developer or his assignee conforming to the TCSD Quimby Ordinance No. 460.93 as follows: 1. Prior to recordation of the F'mal Map, the applicant or his assignee, shall offer for dedication lot numbers 97, 98, 99, 100, and 101, for park land and recreational trails and execute a Letter of Agreement with the City of Temecula, Community Services Department, to improve the proposed dedication areas in accordance with existing City standards. 2. Exterior slopes (as def'med as: Those slopes contiguous to public streets that have a width of 66' or greater) and/or slopes contiguous with proposed recreational trails, shall be offered for dedication to the City of Temecula for Maintenance purposes following compliance to existing City standards and completion of the application process. AH other' slopes and open space shall be maintained by the individual homeowners or an established Homeowner's Association (HOA). 3. All proposed slopes, open space, park land, and recreational trails intended for dedication to the City of Temecula shah be identified on the Final Map by numbered lot, with the square footage of said lot number indexed as a proposed City Maintenance area. 4. Access points for all proposed City Maintenance Areas shah be identified on the Final Map. All questions regarding the meaning of the conditions shall be referred to the Temecula Community Services Department. CC: Gary L. King, Development Services Administrator Debbie Ubnoske, Senior Planner January 28, 1991 RFCF. IVED JAN 2 9 1991 E,M,W,D. Mr. Sam Martinez County of Riverside Department of Health Post Office Box ]370 Riversides California 92502 Subject: Tentative Tract Pap 25277 - Supplemental SN~ 53 Information Dear Mr. Nartinez: This letter is in response to your request for Information describing Eastern Municipal Water District's (EMWD) service responsibility to the subject project· Please be informed that, according to our records, the subject project lies outside the EMWD's service area. In order to be eligible for service by EMWO, the subject property must annex to EMWD and Hetropolitan Water District of Southern California (MWD) For information regarding annexations, please contact the District's Customer S~rvtce Department at 714) ~66-1810. Assuming the subject project is annexed into EHWD and MWD, the following cor~ents regarding sanitary sewer and reclaimed water service may apply: Sanitary Sewer The anticipated daily wastewater flow from the subject project have been estimated as follows: Average Daily Flow (ADF): ADF - (lOS DU) (3,5 PERSONS/DU) (100 GPCD) - O.0368-HGD Peak Daily Flow (PDF): PDF - (2,5) (ADF) - 0,092 HGD The project Is located within the service area of the Otstrtct's Rancho California Regional Water Reclamation Facility (RCRWRF), located in Temecula. _. The RCRWRF presently has a treatment capacity of 5.0 MGD and an avirage daily flow of 3.5 MGD. The RCRWRF is being expanded to 6.25 MGD.- Availability of treatment capacity is dependent on the construction timing of the subject project. ' Mail To: Post Office lSo, 8.~00 · San.;,dnxo. Calif,,aniJ V2.~B.~.I.SUO · Tclcl,hnnc (714) 925-7f~7(, · Fa.-. (714) ~,'?.'.7-1',2.'.? Main Off,co: 2045 S. San Jacinto Street, San J~inm · customer ~nk~/Enlli~ting Am~x. 440 E Oakl. nd Avenue. Her..t.C.% ~IK. S~m t4artinez -2- January 26, 1991 TIme nearest available existing EMWD sanitary sewer pipeline to the subject project is a 12-inch diameter pipeline located along Rainbow Canyon Road at approximately Pechanga Creek. The cunflgura~ion of an onsite gravity flow sewer system shall allow for a connection in accordance with District standards to the existing sewer UescribeO in Item No. 4 above. it is considered the responsibility uf the developer to propose a plan of service that takes l'nto consider.atio, the subject project grading plan, any tributary flow to the project site, and any offsite .facilities required to make the proper connection to the existing sewer system. It would seem that a logical offsite sewer alignment. would parallel.the south stde of Pechanga Creek for an approximate distance a Construction of an approved plan of service will allow for the subject project to be connected to the existing and master-planned sewer collection system comprised of.~ combination of oravity flow and pressur~-d se~er pipelines, and treatment and disposal facilities. The disposal of treated wastewater will be accomplished by a combination of State approved beneficial use and parcelorion practices. Available sewer currently does not front the subject project. The developer is expected to propose onstte and offsite sewer plans that must be reviewed by and receive the proper ENWD Planning Department approvals. It must be understood that the available capacity of the Dlstrict's sewer system changes continuously due to development within the District. As such, service will be provided based on the timing of the subject project, the service agreement with the District, and the status of the District's permit to operate. Should you have any questions regarding these comments, please contact Ruth NewSham or me at (714) 766-1850. Very truly yours, H. A1 Director of Planning .~'V'HAS:RN:lp Cc: Joe Rlchards, Riverside County Planning Department John Fricker, EMWD 90-3418 WO#: 91-325 7/P ATTACHMENT NO. 5 PLANNING COMMISSION MINUTES SEPTEMBER 21, 1992 S",STAFFRPT~5724CZ-4.CC I 8 PLANNING COMMISSION MINUTES SEPTEMBER 21. 1992 Tentative Tract MaD No. 25277 and-ChanQe of Zone No. 5724 Saied Naaseh presented the staff report. Chairman Fahey opened the public hearing at 8:50 P.M. Larry Markham, Markham & Associates, 41750 Winchester Road, Temecula, representing the applicant, Acacia Construction, thanked staff for all their efforts. Mr. Markham advised that the applicant would concur with all the conditions except for Condition .No. 87 and Condition No. 94. Mr. Markham suggested alternative wording as follows, "Prior to the issuance of building permits, financing shall be in place for the construction of the expansion, realignment or replacement of the Pala Bridge over Temecula Creek." Rick Snyder, Acacia Construction, 22390 Mission Hills Lane, Yorba Linda, concurred with the statements made by Larry Markham and provided an overview of the project. The following individuals spoke in opposition to the request: Nancy Backstrand, P.O. Box 923, Fallbrook (representing Friends of the Santa Margarita River), expressed the following concerns: no mitigation was provided for handling first flush pollutants;. no provision for detaining excess water run-off so that it can recharge the basin; and the effects on wildlife. Andrew Hovanec, 31018 Shaba Circle, Temecula (Wolf Valley HO.A), expressed concerns regarding traffic, noise and light pollution. Coralyn Knopp, 41843 Shorewood Court, Temecula (representing U.R.G.E.), expressed concern for water run-off effects on the Murrieta Creek. Don White, 31109 Via Gilberto, Temecula (Wolf Valley HOA), expressed concern with the grading, density, traffic volumes along Via Gilberto and Pala Road and decrease in property values. Carol Poweli, 45884 Hopactong, Temecula (Wolf Valley HOA), concurred with Mr. Whites comments and added that the safety of children who play and pick-up school buses along Via Giiberto are concerns. ~ PCMIN9121192 -7- ~123/g2 PLANNING COMMISSION MINUTES SEPTEMBER 21, 1992 William Wilson, 45362 Tesiben Court, Temecula, expressed concern for mass grading with no development, opposed the density and construction on the mountain side. Fred Good, 45906 Hopactong, Temecula (Wolf Valley HOA), opposed the development due to the quantity of homes presently for sale in the City and the lack of demand for additional homes. ' ' Rick Tepalin, 31381 Pahuta Street, Temecule (Wolf Valley HOA), expressed concern for the safety of children along-Via Gilberto and Via Eduardo, traffic and wildlife habitat. Bob Oblachinski, 30154 Shaba Circle, Temecula (Wolf Valley HOA), expressed concern for the number of available homes in Temecula and the need for this developer to increase the quantity of homes in the development. Sharon Marshall, 31149 Via Gilberto, Temecula (Wolf Valley HOA|, expressed her concerns that the local economy would not support this project. AI Bobadilla', 31392 Via Eduardo, Temecula (Wolf Valley HOA), expressed concern for the. negative impacts to the mountain (which is part of the Santa Rosa Mountain Range) and wildlife. Miche!le Polley, 31234 Eona Circle, Temecula (Wolf Valley HOA), expressed opposition based on the noise' and traffic volumes along Via Gilberto and Pala Road. AI Cook, 30962 Shaba Circle, Temecula (Wolf Valley HOA), stated that it is his opinion that the placement of a traffic signal at Via Gilberto and Pala Road is not a solution to the problem but admission of a problem. Bobbie Hinker, 31163 Lahontan, Temecula (Wolf Valley HOA), expressed 'concern with the traffic volumes, noise, crime and pollution. Bernice Sarudi, Hopactong, Temecula (Wolf Valley HOA), opposed the development due to the increase in noise and pollution. Ray Crain, Mission Realty, 337 E. Mission Road, Fallbrook, questioned whether the developer had confirmed secondary access. Kevin Everett, representing the Querry Trust (property south of the proposed project), acknowledged an agreement to a conceptual easement with transfer to Acacia. Larry Markham stated that the developer is fully aware of what is being done with Murrieta Creek and the water shed, however there is no ordinance in the City requiring retention of first water run-off. Mr. Markham added that the project could not carry lower end housing with its conditioned improvements.' Commissioner Chiniaeff suggested the following 'modifications:'1 ) that Lots 1,2, 3 and PCMIN912 11g2 -8- 9123/92 PLANNING COMMISSION MINUTES SEPTEMBER 21, 1992 11 be part of the open space; 2)'the developer be required to plant the graded slopes with a substantial planting. Chairman Fahey stated she is concerned 'that none of the conditions addressed the issue of traffic volumes on Via Gilberto with driveways coming out on this street. Commissioner Blair stated that although the developer has done a excellent job responding to prior concerns, she is still concerned with mass grading, destruction of the hillside and the effect of the change of zone on the residents. Commissioner Hoagland stated he felt the developer has done a very good job of answering the Commission's concerns. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to close the public hearing at 10:10 P.M. and Recommend Adoption of Negative Declaration for Change of Zone No. 5724 and Tentative Tract Map No. 257-77 Amendment No. 4 and Adoot Resolution No. 92-Next) recommending Approval of Change of Zone No. 4 based on the Analysis and Findings contained in'the staff report; and subject to the artached Condition of Approval and adding conditions that delete Lots 1,2, 3, and 11 and require the installation irrigation and large trees on the slopes at the time of rough grading. Rick Snyder, representing Acacia Construction, concurred with the additional conditions. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ATTACHMENT NO. 6 PLANNING COMMISSION STAFF REPORT SEPTEMBER 21, 1992 S'~STAFFRFT\e724CZ4.CC I 9 ITEM #8 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 21, 1992 Case No.: Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 Prepared By: Saied Naaseh and Robert Righetti RECOMMENDATION: RECOMMFND Adoption of Negative Declaration for Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4; and ADOPT Resolution No. 92- recommending Approval of Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 based on the Analysis and Findings contained in the Staff Report; and subject to the attached Conditions of Approval APPLICATION INFORMATION APPLICANT: Acacia Construction REPRESENTATIVE: Markham and Associates PROPOSAL: A request for approval of a Change of Zone from Rural Residential (R-R) to One Family Dwellings (R-l) and Open Space (R-5) and a request for approval of a subdivision to include 96 single family lots and 5 open space lots proposed on 47.7 acres. LOCATION: Southwesterly side of Pechanga Creek between Via Gilbert0 and the easterly side of Temecula Creek Inn Golf Course. EXISTING ZONING: Rural Residential (R-R) SURROUNDING ZONING: North: South: East: West: Multiple Family Dwellings (R-2) County Rural Residential (R-R) Rural Residential (R-R) PROPOSED ZONING: One Family Dwellings (R-l) and Open Space (R-5) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: Wast: One Family Dwellings Vacant Vacant Golf Course PROJECT STATISTICS Number of lots 101 Single Family lots 96 Open Space lots 5 Total Area 47.7 Single Family lots (gross) 28.6 Single Family lots (net) 21.3 Open Space lots 19.0 Lot No. 98 (Pechanga Creek) 11.74 Average parcel size 9,665 Minimum lot size 7,200 Gross density (including the open space acreage) 2.01 Net density (not including the open space acreage) 3.36 Excavation 200,650 Excess 1,800 Total oak trees on site 297 Oak trees to be saved ~257 Oak trees to be transplanted 36 Oak trees to be eliminated 4 acres 8cres 8cras 8cres 8cres square feet square feet dwelling units per acre dwelling units per acre cubic yards cubic yards BACKGROUND Tentative Tract Map No. 25277, Amendment No. 4 and Change of Zone No. 5724 were originally submitted to the County of Riverside on February 16, 1990 and were transmitted to the City on April 30, 1990. The original map application proposed 137 residential lots. On August 1, 1990 it was redesigned to 105 residential lots and six (6)open space lots in order to preserve the oak trees. The map was further amended to reduce the number of residential lots to 102 in order to preserve more of the natural topography of the site and to provide public access to open space areas. This map with 102 residential lots and seven (7) open space lots, along with the change of zone request, was heard by the Planning Commission with e recommendation for denial from staff on July 1, 1991. The Planning Commission took testimony on the project from the adjacent neighborhood groups who were opposed to the project and continued the project off-calendar and directed staff and the applicant to address Commission's concerns. The issues and concerns expressed by the individual Commissioners included the following: 1. Excessive Grading and Clustering. 2. Preservation of Oak Trees. $~STAJ:RF~S724CZ.PC Fk~edr~te~b~r 17.1ee2 2 3. Traffic, Access, and Signalization of Via Gilberto and Pala Road Bridge Timing. 4. Appropriateness of the Change of Zone. 5. Wildlife Corridor. 6. Buffering the 10 Acre Lots to the South. 7. Requirement of a Specific Plan to include the Querry Property. 8. Lack of Coordination with Other Agencies. PROJECT DESCRIPTION The applicant is requesting approval for a zone change from Rural Residential (R-R) with minimum half acre lots to One Family Dwelling (R-1) with minimum 7,200 square foot lots and Open Space (R-5). In addition, the applicant is now requesting approval for a 96 single family lot subdivision with five (5) open space lots. The open space portion of the project is approximately nineteen (19) acres, all of which will be dedicated to the City for maintenance, including the 11.74 acre Pechanga Creek. The open space area, which includes the majority of the preserved and transplanted oak trees will be kept in a natural state and will include approximately 9,435 lineal feet of decomposed granite (D.G.) pedestrian trails and four picnic areas that could include tot lots, benches and barbecue amenities. The project's primary access will be provided from Via GilbertO with a bridge that will be constructed over Pechanga Creek to connect the existing street to the subject property with full paved access. The secondary 32 foot paved access will be provided through the adjacent property to the east (the Querry's property, Tentative Tract Map No. 27473) and the Wolf Valley Home Owners Association parcel which will connect the project site to Via Eduardo with a second bridge that will be constructed over Pechanga Creek (refer to Exhibit "F"). A portion of the property is currently located within the flood plain. The effected portion of the property will be raised above the flood plain with excess fill material from other portions of the site to satisfy the Federal Emergency Management Agency (FEMA) requirements. ANALYSIS This project has been redesigned several times and since the original design the total number of residential lots have been reduced from 137 to 96. The applicant has been working with staff to address all issues raised by the Planning Commission at the previous hearing on July 1, 1991. The following represents a summary of these issues and how they have been dealt with: Excessive Grading The Planning Commission suggested using a clustered development concept to preserve the hillside. This concept has been partially used within the project to preserve the open space area, which contains the oak trees, by further reducing the residential lots from 102 to 96. Fifteen percent of the site has been preserved as open space. If the Pechanga Creek is S%6TAFFIFT%S724CZ. PC Revieed Sel~tm 17, 1992 3 included within the open space area over 39 percent of the project has been retained as open space. Further clustering will reduce the grading impacts of the development. Staff has suggested to the applicant to eliminate lots 69 through 75 but the applicant has not been receptive to this idea. Staff has prepared a table (Table 1) which shows a lot by lot grading analysis of the project (refer to Attachment "5"). Table I identifies the following information for each lot: the highest and lowest points of the natural topography, the difference between the highest and lowest points of the natural topography, the pad elevation for each lot, the amount of cut or fill necessary for the high point and the low point to reach the proposed pad elevation. This ' table may be used to identify the lots that need the most amount of cut or fill to reach the pad elevation. Table 2 identifies four categories of cut and identifies the lots that fall under each category: Table 2 LOt Numbers 59, 60, 64, 66, 67, 76, 91, 92 61, 65, 69, 73, 74, 81,82 63, 70, 71,72, 80 62, 75, 79 : MaXimum:amount of vertical cut in ·feet .to the 'highest elevation of Number .': :the naturai:.'topography Within ;of Lots EeaCh lot.. :.." :. 8 15 - 20 7 21 - 25 5 26 - 30 3 31 + It should be noted that the numbers for the amount of cut are the worst case scenario for any lot since the highest point of the natural topography of each lot was used to calculate the amount of cut necessary to achieve the pad elevation. Drainage With the placement of fill within the existing floodplain area, some change to the limits of the area of flooding can be anticipated. A preliminary drainage analysis was prepared by the applicant and submitted to staff for review. This analysis shows that approximately 7250 cubic feet per second of stormwater will be conveyed within the creek during the 100 year storm event. Due to the limitations of the preliminary study provided, it is difficult to predict at this time what the stormwater impacts will be to the northwesterly side of the creek adjacent to the existing subdivisions. Slope protection will be required as determined by the Department of Public Works and final pad elevations for the lots adjacent to the creek will be determined when final detailed hydrologic studies are completed by the developer (refer to Condition Nos. 65 and 72). The developer will comply with.National Pollution Discharge Elimination System (NPDES) requirements to mitigate polluted storm runoff into the creek. S~STAFI:RPT'~5724,CZ.PC Revieed Sel~tembe 17. 1992 4 Preservation of Oak Trees By reducing the number of residential lots from 102 to 96, the number of Oak trees that need to be transplanted is reduced from 40 to 36. Furthermore, by minor adjustments of the lot lines, 28 Oak trees are now proposed to be located in the open space areas rather than within individual lots. These open space lots will be maintained by the City and no new non-native vegetation or irrigation will be introduced to these areas, thereby, increasing the trees chance of survival. Thirty-three (33) Oak trees will remain within individual lots. The future owners of these lots will be responsible for maintenance and survival of these trees. Staff is requesting that an information packet be distributed to the future owners of lots with Oak trees to inform them of the importance of Oak trees at the time of purchase and how to maintain them (refer to Condition No. "27"). However, the City would not have any control on their long term survival. It should be noted that 19 of these 33 Oak trees are within lots 1, 2 and 3 and the remaining 14 are within 12 different lots. Table 3 summarizes the inventory of the 297 Oak trees on the site identifying their status and the mitigation measures that will be imposed on them. Table 3 i::~!~i~i~! ~:i!i Status of:Oak ...... Trees Eliminated No. of Trees ~ Mitigation Measures 4 Transplanted 36 Condition No. 19 Saved 257 Located Within Individual Lots Located Within Open Space Lots 33 224 Access/Traffic Primary access to the site is provided from Via Gilberto to Pala Road. Secondary access is provided through the Quarry property to the east, (Tentative Tract Map No. 27473) and the Wolf Valley Home Owner's Association parcel across from Pechanga Creek. Tentative Tract Map No 25277 is conditioned to construct two bridges across the creek to Via Gilberto and Via Eduardo (refer to Condition Nos. 46 and 92). S~STAFFIFT%5724CZ.pC Primary Access: The primary access to the site is provided from Via Gilberto which is classified as a local street with a 60 foot right-of-way (ROW). Nineteen existing lots within Tract No. 19939 have direct driveway access to this street (refer to Exhibit "E"). The project will generate approximately 970 average daily trips which will utilize Via Gilberto and to a lesser extent, Via Eduardo. The increased traffic on Via Gilberto will warrant a traffic light at Pale Road. This traffic light will be designed and installed by the developer prior to issuance of the occupancy permit for the first dwelling unit (refer to Condition Nos. 16 and 102). This project will add to the existing congestion at the intersection of Pale Road and Highway 79. However, the future residents of this tract will be contributing to Assessment District 159, which now includes the new Pale Road bridge construction. It is anticipated that tha construction of the bridge will commence by the end of 1995. In order to avoid additional congestion especially during construction of the new bridge, Staff recommends to delaying the issuance of the first occupancy permit until this bridge is completed (refer to Condition Nos. 87 and 94). Secondary Access: Secondary access to the site will be provided by construction of 32 feet of A.C. paving within a 45 foot right-of-way (refer to Condition No. 47). This road will traverse the Quarry property and the Wolf Valley Home Owner's Association parcel east of the project site to connect with Via Eduardo, which presently terminates as a cul-de-sac at the northeast end of Pechanga Creek. A full 45 feet of right-of-way needs to be acquired by the applicant from the Querry's for this access. A 30 foot, half width, right-of-way currently exists along the easterly boundary of the Wolf Valley Home Owner's Association parcel from the terminus of Via Eduardo and continues southeasterly across the Quarry property. An additional 30 foot right- of-way must be acquired by the applicant from the Wolf Valley Home Owners Association (HOA) parcel to be added to the existing 30 foot right-of-way for the ultimate improvements along the extension of Via Eduardo over the creak. If the developer fails to acquire the additional 30 feet from the Wolf Valley. Home Owner's Association, he may request the City enter into the condemnation proceedings for that portion of the right-of-way from the terminus of Via Eduardo to tha northerly boundary of Tentative Tract Map No. 27473 at the developer's sole expense. The applicant has indicated that they are unable to acquire the necessary rights-of-way from the owner of the adjacent property (Tentative Tract Map No. 27473) prior to approval of the tentative map and have requested that they be conditioned to acquire it prior to recordation (refer to Condition No. 39). Per the Subdivision Map Act, Section 66462.5, "A city, county, or city and county shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition which requires the subdivider to construct or install offsite improvements on land in which neither the subdivider nor the local agency has sufficient title or interest, including an easement or license, at the time the tentative or final map is filed with the local agency, to permit the improvements to be made. In such cases, the city, county, or city and county shall, within 1.20 days of the filing of the final map, $~.ST~B724CZ.PC ~.d k,,,.,,~ 77. ~..~ 6 pursuant to Section 66457, acquire by negotiation or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including the proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Chapter 6 of such title. In the event a city, county, or city and county fails to meet the 120-day time limitation, the condition for construction of offsite improvements shall be conclusively deemed to be waived. Prior to approval of the final map the city, county, or city and county may require the subdivider to enter into an agreement to complete the improvements pursuant to Section 66462 at such time as the city, county, or city and county acquires an interest in the land which will permit the improvements to be made." The City has notified the applicant that it does not wish to enter into condemnation proceedings for secondary access right-of-way across the Querry property. Therefore, the applicant has offered to record an agreement waiving his rights per section 66462.5, as noted above, within 72 hours of this approval of Tentative Map 25277, Amendment No. 4 or this approval shall be void by reason of failure of compliance with development condition (refer to Condition No. 39). Said agreement shall stipulate the following: The applicant shall agree not to record any phase of this map until all secondary access right-of-way has been acquired. The applicant shall agree to waive their rights as granted by the Subdivision Map Act in Section 66462.5 in relation to the Querry property. e The applicant shall agree to not request or require the City to enter into condemnation proceedings against the Querry property owner for right-of-way or easements. The applicant shall agree to pursue at their own expense and costs the acquisition of any off-site right-of-way. The applicant shall agree that no condition of approval for off-site improvements shall be waived due to their failure to acquire any necessary off-site right-of-way. The applicant has also indicated that an alignment for the access road cannot be fixed at this time. Therefore, the applicant has agreed not to record any phase of Tentative Map 25277 until Tentative Map 27473 has been approved, a preliminary grading and construction analysis has been completed for the road and all environmental impacts have been identified and reduced to a level of insignificance by implementing the mitigation measures as required by CEQA. If Tentative Map 27473 is not approved, the applicant shall submit a revised map showing a fixed alignment for the access road across the adjacent property, shall obtain the right-of-way for roadway purposes, shall complete a grading and construction analysis, comply with all CEQA requirements including mitigation measures, and shall pay all fees associated with the processing of the revised map, right-of-way acquisition and all associated studies (refer to Condition Nos. 40 and 41 ). $~.STAR:RFT~5724(2.PC Revised S~memtw 17. 1992 7 Appropriateness of the Change of Zone The existing zoning on the site is Rural Residential (R-R) which allows minimum half acre lots. The total gross acreage of the site is 47.7 acres which includes the 11.74 acre Pechanga Creek. If the lots were designed with the current site coverage, (35.96 acres), up to 72 dwelling units would be allowed under the current zoning. Therefore, approval of the proposed zone change will increase the density of-the, site 33 percent. However, this zone change is consistent with the Draft Preferred Land Use Map of the future General Plan which designates the site as Low Density Residential, 0.5 to 2 dwelling units per acre with a target density of 1.3 per acre. The project density, which is 2.01, may exceed the target density only if the project provides some amenities that would not have been offered otherwise. This project provides approximately 19 acres of open space which includes the 11.74 acre Pechanga Creek. Additionally, the project will provide improvements to the open space area including trails, picnic areas, a tot lot and signage. These open space areas and their improvements exceed the minimum requirements for the Quimby Act, which requires dedication of only 1.24 acres or the dollar amount equivalent. Furthermore, when the City starts the consistency zoning to implement the General Plan, this property will be zoned Low Density Residential with Planned Development Overlay. The overlay district will be necessary since the Low Density Residential requires 0.5 acre minimum lots but the project provides an average lot size of 9,665 square feet. This overlay district will be appropriate for this site since the project meets the General Plan density requirement and smaller lot sizes were necessary to preserve the natural environment including the oak trees and the wildlife corridor. The Wildlife Corridor The Pechanga Creek has been identified as a wildlife corridor being used by Mountain Lions and other animal species. The Nature Conservancy, The Mountain Lion Foundation, end Preserve Our Plateau have expressed concerns regarding the preservation of this corridor and have expressed opposition to approval of this project (refer to Attachment No. 6). Staff has investigated their concerns by conducting a site inspection with a qualified biologist, Mr. Doug Padlay, who is considered one of two experts in Mountain Lion populations and their travel patterns in this area. According to Mr. Padley the project will not adversely impact the movement of Mountain Lions in this area as long as proper mitigation measures are incorporated into the project design (refer to Condition Nos. 18.F.2., 26.B., 26.C., 27, 28, 29 and 30). It should be noted that the Mountain Lions use this corridor very infrequently. The best estimates available to staff indicates that only six Mountain Lions use it every ten years. These mitigation measures deal with revegetation of the creekbed to encourage wildlife movement through the corridor, requirement of a combination of block wall and wrought iron fencing for the lots along the creek to discourage the potential conflict between pets in the backyards and the wildlife passing through, restricting the type of lighting in the backyards that abut the creek to provide a dark movement corridor which is preferred by the wildlife and the requirement of signage through out the trails to inform the users of the potential conflicts of humans, pets and wildlife after dark. S~ST~5724CZ.PC Pavised Sel~tembe 17, 1992 6 Buffedng the 10 Acre Minimum Lots to the South Although the Planning Commission expressed a concern relative to buffering the large lots to the south, the project is not proposing a buffer between the R-1 lots and the 10 acre minimum lots to the south. Requirement of a Specific Ran to Inducle the Querry Rroperty The applicant has not prepared a Specific Plan for this project. The Querry property to the east has filed for a tentative map which would have allowed a more comprehensive review of these two projects if the Querry map was at the same stage of development review process as Acacia. However, one of the benefits of the filing of the Querry map is that the alignment of the secondary access is known (refer to Exhibit "F"). Coordination with Other Agencies At the July 1, 1991 Planning Commission meeting, the School District expressed a concern regarding the lack of coordination between the project applicant and the School District. Moreover, there were also concerns regarding the availability of sewer and water services to the site. Both of these issues have been addressed as follows: The School District has issued a letter to the City conditioning the project to pay the applicable school fees. The project is outside the Eastern Municipal Water District (EMWD) and needs to be annexed to their existing boundary and receive approval of the Sewer Service Improvement Plans prior to recordation of the Final Map (refer to Condition Nos. 35 and 43). Pursuant to conversations and letters from EMWD,the applicant may be responsible for extending the existing sewer line on Rainbow Canyon Road approximately 3,000 feet to the project site. This line may have to go through the Temecula Creek Inn property, continue on the south side of the Creek and connect to the project site. The information received from EMWD indicates that the property owner of the golf course is not in favor of granting an easement to extend the sewer lines through their property. It is the responsibility of this applicant to acquire this easement. Other alternative alignments may be considered for design by EMWD and the City of Temecula prior to recordation of the Final Map and all off-site .improvements shall be designed and approved. Furthermore, the applicant will be responsible to annex the project to the existing boundary of the Rancho California Water District and receive approval of the water service improvement plans prior to recordation of the Final Map (refer to Condition Nos. 35 and 43). Further studies will be required to determine whether the existing water line on Via Gilberto contains sufficient pressure to serve the project. Otherwise, a larger diameter line needs to be installed by the applicant on Via Gilberto to connect it to the Pala Road main. In either case the line has to be extended over the creek either underground or through conduit in the bridge. ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY The zoning on the property is Rural Residential (R-R) which allows minimum half acre residential lot sizes and a variety of commercial uses. This project is proposing a zone change to One Family Dwellings (R-l) which allows +minimum 7,200 square foot residential lot sizes S~STAI:FFFT'%5724CZ. pC Revised ~eptembe 17, 1092 9 and Open Space (R-5). This zone change will increase the density of the site about 33 percent, The proposed project is consistent with the R-1 development standards. The future General Plan Draft Preferred Land Use Map designates the site as Low Density Residential (0.5 to 2.0 dwelling units per acre) with a target density of 1.3 dwelling units per acre. The project density may exceed the target density if certain amenities, such as open space, are offered by the project over and above the minimum requirement· This project is designed with-extensive open space and a trail system which exceeds the minimum requirements. The proposed density of this project is 2.01 dwelling units per acre which is consistent with the maximum density of 2.0 dwelling units per acre of the future General Plan. (For further. discussion on consistency with the Future General Plan, refer to the "Appropriateness of the Change of Zone" Section). The proposed project is consistent with SWAP, which designates the site as 2-5 dwelling units per acre. The site density is 2.01 dwelling units per acre. ENVIRONMENTAL DETERMINATION An Initial Study was prepared by Staff and no significant impacts are anticipated as a result of this project; therefore, a Negative Declaration has been recommended. The mitigation measures contained in the Conditions of Approval shall be implemented in order to reduce the impacts to an insignificant level. SUMMARY/CONCLUSIONS The proposed project has been red.signed several times during the past 3 years. following represents some of the positive aspects of the project: The The total number of residential lots have been reduced from 137 to 96 to reduce the impacts on the natural environment. 2. Only 4 of the 297 oak trees will be eliminated. 3. A traffic signal will be installed on Via Gilberto. A trail system and picnic areas will be installed in the open space areas to be used by the public. The project has been sensitive to the wildlife corridor (Pechanga Creek) within the site; and it will actually enhance this corridor by revegetation of the creek. The project design might not be the best example of hillside development, but is has come a long way from a flat land subdivision of 137 lots. It represent approximately three years of negotiations and improvements to the original design. FINDINGS Change of Zone No. 5724 There is a reasonable probability that Change of Zone No. 5724 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the density of the project, '2.01 dwelling units per acre, is consistent with the Low Density Residential Land Use designation of the future General Plan. Furthermore, the proposed R-1 zone will be consistent with the Low Density Residential Zoning District with a Planned Development Overlay Zone. e There is not a likely probability of substantial detriment to, or interference, with the future General Plan if Change of Zone No. 5724 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing single family dwelling developments in the immediate vicinity and their underlying zones. ¸3. The project is compatible with surrounding land uses since this project is a single family dwelling development and the surrounding land uses are single family dwellings, a golf course and vacant land. The proposal will not have an adverse effect on the environment since mitigation measures have been incorporated to the project design and Conditions of Approval to reduce the impacts to a level of insignificance. Tentative Tract Map No. 25277 There is a reasonable probability that Tentative Tract Map No. 25277 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law. The project, as condition. d, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project, 2.01 dwelling units per acre, is consistent with the future General Plan Land Use Designation of Low Density Residential. e There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, a golf course and vacant land. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). e The project as designed and conditioned will not adversely affect the public health or welfare since all impacts have been mitigated to a level of insignificance. e The project is compatible with surrounding land uses since the proposed single family dwellings are consistent with the existing single family dwellings, the golf course and the vacant land surrounding the project. S~.STAFr~S724CZ. PC The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and her. in incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. , The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 11. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13000 et seq. of the California Water Code by requiring the project to comply with Eastern Municipal Water District's requirements. 12. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1 ) by limiting the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. 13. The project has acceptable access by means of dedicated right-of-way and has been conditioned to acquire the necessary right-of-way for secondary access. STAFF RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4; and ADOPT Resolution No. 92- recommending Approval of Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 based on the Analysis and Findings contained in the Staff Report; and subject to the attached Conditions of Approval $1~I'AFFRFT~5724CZ.PC Attachments: 5. 6. 7. 8. Resolution No. 92- - blue page 14 Conditions of Approval - blue page 20 Exhibits - blue page 40 A. Vicinity Map B. SWAP C. Zoning D. Tentative Tract Map No. 25277, Amendment No. 4 E. Lots fronting on Via Gilberto F. Tentative Tract Map No. 27473 G. Zone Change No. 5724 Initial Study - blue page 41 Table 1 - blue page 59 Correspondence - blue page 60 What to do if you Encounter a Mountain Lion - blue page 61 Oak Tree Information - blue page 62 ~.STAR=RFT~5724CZ.I,C Revi~ed S~l~tembe 17. 1~2 13 ATTACHMENT NO. 1 RESOLUTIONS $~.STAFFFtPT%5724CZ. PC ATTACHMENT NO. 1 RESOLUTION NO. 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TI31ECULA RF~OMMENDING APPROVAL OF CHANGE OF ZONE NO. S724 TO CHANGE THE ZONING FROM R-R TO R-1 AND R-~, AND TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4 TO SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE FAMILY LOTS AND S OPEN SPACE LOTS LOCATED AT THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. WHEREAS, Acacia Construction filed Change of Zone No. 5724 and Tentative Tract Map No. 25277'; Amendment No. 4 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said applications wen processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on September 21, 1992, at which time interested persons had an opportunity to testify either .in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, THEREFORE, THE PLANNING COMMtc. SION 'OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the SXSTAFFRPT%5724CZ. PC 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of slate hw and local ordinances. B. The Rivehide County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecuh as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of said applications makes the following findings, to wit: Change of Zone No. 5724 1. There is a reasonable probability that Change of Zone No. 5724 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with Slate Law, due to the fact that the density of the project, 2.01 dwelling units per acre, is consistent with the Low Density Residential Land Use designation of the future General Plan. Furthermore, the proposed R-I zone will be consistent with the Low Density Residential Zoning District with a Planned Development Overlay Zone.' 2. There is not a likely probability of substantial detriment to, or interference, with the future General Plan. If Change of Zone No. 5724 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing single family dwelling developments in the immediate vicinity and their underlying zones. 3. The project is compatible with surrounding land uses since this project is a single family dwelling development and the surrounding land uses are single family dwellings, a golf course and vacant land. 4. The proposal will not have an adverse effect on the environment since mitigation measures have been incorporated to the project design and Conditions of Appwval to reduce the impacts to a level of insignificance. SITAFFRP~S724(2.PC ..,,rod s,.m..,,,b.. ,. '~.2 16 Tentative Tract Map No. 2~277 1. There is a reasonable probability that Tentative Tract Map No. 25277 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project, 2.01 dwelling units per acre, is consiitent'with. the future General Plan Land Use Designation of Low Density Residential. 2. There is not a lilzly probability of substantial detriment to, or interference with the City's future General Plan, ff the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, a golf course and vacant land. 3. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). 4. The project as designed and conditioned will not adversely affect the public health or welfare since all impacts have been mitigated to a level of insignificance. 5. The project is compatible with surrounding land uses since the proposed single family dwellings are consistent with the existing single family dwellings, the golf course and the vacant land surrounding the project. 6. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. 7. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. 9. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 10. The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. If the Planning Commission finds that the proposed waste discharge would result in or add to a violation of said requirements, the Planning Commission may disapprove the tentative map or maps of the subdivision (Gov. Code Section 66474.6). ~STAFFRF~6724CZ.FC nevia:; ~ ~7, 1002 17 11. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 3000 et seq. of the California Water Code by requiring the project to comply With Eastern Municipal Water District's requirements. 12. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opponunitie~ in' the subdivision (Gov. Code Section 66473.1) by limiting the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. 13. The project has acceptable access by means of dedicated right-of-way and has been conditioned to acquire the necessary right-of-way for secondary access. F. As conditioned pursuant to Section 3, the Tract Map proposed is compatible with the health, safety and welfare of the community. Section 2. F-nvironmentnl Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment with the incorporation of the mitigation measures into the project design, and a Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 5724, and .Tentative Tract Map No. 25277, Amendment No. 4 located at the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn subject to the following conditions: A. Attachment No. 2, attached hereto. Section 4. PASSED, APPROVED AND ADOPTED this 21st day of September, 1992. LINDA FAHEY CHAIRMAN 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 21st day of September, 1992 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING CONINIISSIONP_,RS: PLANI'M'ING CO1VIIVIISSIO~: PLANNING COMMISSIONERS: G~Y~ORNHIL SECRETLY S~STAFFFFT%5724CZ.PC R,,,~.~ S,~.,,,, '~7. '~w~ 19 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Tract Map No: 25277, Amendment No. 4 Project Description: A request for approval of a subdivision to include 96 single family lots and 5 open space lots proposed on 47.7 acres Assessor's Parcel No.: 918-180-050, 019 PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460 unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act arid City Ordinance, upon written request, if made 30 days prior to the expiration date· This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is e ® e e Any delinquent property taxes shall be paid prior to recordation of the final map. Subdivision phasing shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of both the comprehensive rough grading plan and the final precise grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to I and a maximum vertical height of thirty (30) feet· Setbacks from top and bottom of slopes for structures shall be a minimum of one-half the slope height or as otherwise approved by the City Engineer. B. Be contour-graded to blend with existing natural contours. The applicant shall comply with the Army Corps of Engineers recommendations outlined in the letter dated March 6, 1992, a copy of which is attached. The applicant shall comply with the Rancho California Water District recommendations outlined in the letter dated March 4, 1992, a copy of which is attached. 10. 11. 12. 13. 14. 15. 16. The applicant shall comply with the California Department of Fish and Game recommendation outlined in the transmittals dated July 9, 1991 and April 20, 1992, copies of which are attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated August 4, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Temecula Valley Unified School District's transmittal dated August 12, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Community Services Department transmittal dated July 7, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated January 28, 1991, a copy of which is attached. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-1 zone. Graded but undeveloped land shell be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following shall be noted on the ECS: A. The Pechanga Creek is designated as a wildlife corridor. This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. S%STAFFRPT'~5724CZ.PC 17. Prior to the issuance of GRADING PERMITS, the following' conditions shall be satisfied: Ae Prior to the issuance of grading permits, detailed landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. These plans shall be consistent with the conceptual landscape plan as required by Condition' No. 18.F. The plans shall be certified by a landscape architect, and shall provide for the following: (1) Automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. However, areas being retained in their native state shall not have permanent irrigation systems and should not be irrigated unless revegetation is required. (2) Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. (3) Front yards shall be landscaped including street trees. Typical front yard landscaping shall be included for interior lots, corner lots and cul-de-sac lots. (4) A wall and fencing plan shall be submitted for the project . Wooden fencing shall not be allowed on the perimeter of the project or the side yard of corner lots. This plan may be incorporated into the landscape plans. (5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. (6) Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way. (7) · Landscaping plans shall incorporate native and drought tolerant plants where appropriate. (8) Trails and picnic area facilities shall be depicted on the landscape plans. (9) All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. (10) All street trees shall be s minimum of 15 gallon. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: (1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. $%STAFRFT%5724(2.PC Revised September 17, 1992 23 18. (2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. (3) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. - , (4) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Ce The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. A qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontdogist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. All manufactured slopes shall be planted with erosion control, low, fire resistant, native and drought tolerant landscaping. The temporary irrigation for these slopes shall be removed after plants have been established. The temporary irrigation shall be designed as not to damage the existing oak trees on the site. Prior to the approval of rough grading plans and recordation of the Final Map, a comprehensive rough grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Ae Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. B. Preliminary pad and roadway elevations. C. Areas of temporary grading outside of a particular phase. $~TAFFRPT~5724CZ. PC ~ s......, ~7. ~.2 24 D. Oak tree preservation according to Condition No. 19. 19. Ee Grading on the open space lots shell be kept to a minimum to preserve the natural state of the environment. This condition applies to lots 97, 99 and 100. Fe Prior to recordation of the final map, a conceptual landscape plan shall be approved by the Director of Planning, The following shall be considered when preparing and approving this plan: (1) The preservation of the Oak trees is required by Condition No. 19. (2) The revegetation of the Pechanga Creek as required by Condition No. 29. (3) Using drought tolerant, fire resistant plant type for slope planting as required by Condition No. 20.G. (4) All slopes over three feet high shall be irrigated and landscaped. (5) Irrigated and non-irrigated areas shall be identified. (6) Trails, picnic areas and all associated signs within the open space areas shall be identified. (7) Typical front yard landscaping for interior, corner and cul-de-sac lots shall be included to include street trees, hydroseeding or sod, shrubs and ground cover. (8) Location of all walls and fences shall be identified. The perimeter of the project shall include decorative block wall, wrought iron or combination as specified in Condition No. 27. Corner lot side yards shall be decorative block wall. (9) Erosion control shall be consistent with Ordinance No. 457.75. (10) Timing of installation of all landscaping shall be specified on the plans. An oak tree protection and replacement program, prepared by a licensed arborist (oak tree specialist/biologist) shall be prepared prior to recordation of the final map and shall be implemented. This arborlet/biologist shall be present on the site throughout all grading and construction activities which may impact the oak trees on the site. The program shall include but not be limited to the following components: A. Program Elements to be graphically depicted on rough and precise grading plans: (1) The location of the trunk and extent of dripline for all trees within the project site and the type and location of any project fencing. The trees that will be saved, transplanted or eliminated shall be identified on these (2) (3) (4) (5) (6i (7) (8) plans. Trees that are .eliminated shall be replaced as specified on Condition No. 19.B.8. All the trees on the project site and within 75 feet of the centerline of the .secondary access on the Querry property to the east (Tentative Tract Map No. 27473) or the extent of ground disturbance necessary for the construction of this road, whichever is more, shall be identified. Construction envelopes shall be designated on all parcels located outside the driplines of all oak trees. All ground disturbances including grading shall be prohibited outside construction envelopes. Equipment storage and staging areas shall be designated on rough and precise grading plans at least six (6) feet outside of dripline areas. All replacement trees and transplanted trees may be used to revegetate the creek as specified in Condition No. 29. Permanent tree wells or retaining walls shall be specified on precise grading plans. Drainage plans shall be designed so that oak tree trunk areas are properly drained to avoid ponding. All utilities shall be placed directly adjacent to roadways and driveways in order to minimize impacts to trees. All utilities shall be placed within construction envelopes. The following bonds shall be secured by the developer, or his successors in interest: (A) Prior to issuance of grading permits: To preserve, transplant and replace the eliminated trees with new saplings in compliance with the conditions of approval during the grading, construction or any other related activity. (B) Prior to acceptance of the open space lots by the City: To ensure the long term survival of the transplanted trees and new saplings. (C) Prior to acceptance of the open space lot by the City: To ensure the "long term survival" of any tree that has been damaged as a result of construction activities. Long term survival shall mean a minimum of 10 years or if otherwise' determined by the arborist and approved by the Planning Director. S%STAFFRFT%S724CZ. PC The amount of bonds shall be determined by the arborist and approved by the Planning Director. Sections B and C above shall not apply to trees within individual parcels. (9) All oak trees within 25 feet of proposed ground disturbances shall be temporarily fenced with chain-rink,or other material throughout all grading and construction activities. The fencing shall be installed six feet outside the dripline of each oak tree, and shall be staked every 6 feet. (10) No artificial surface, pervious or impervious, shall be placed within 6 feet of the dripline of any oak tree. If this is determined to be infeasible, the affected trees shall be transplanted. Program elements to be printed as conditions on final grading and building plans: (1) No grading or development shall occur within the driplines of oak trees which occur in the construction area. (2) No construction equipment shall be parked, stored or operated within 6 feet of any oak tree dripline. (3) No fill soil, rocks or construction materials shall be stored or placed within six feet of the dripline of an oak tree. '(4) Any roots encountered that are one inch in diameter or greater shall be cleanly cut and sealed with a tree-seal compound. (5) Any trenching required within the dripline or sensitive root zone of any oak tree shall be done by hand. Any oak tree roots greater than one inch in diameter exposed in any trench shall be cut and sealed with approved sealant immediately after the trench is excavated. (6) Irrigation shall not occur within the dripline of any existing oak tree that has not previously been irrigated, except as otherwise recommended by the arborist. (7) Only designated trees shall be transplanted and/or eliminated. (8) Any oak trees which are eliminated and/or damaged (more than 40% of root zone disturbed) shall be replaced on a 10:1 basis with 10 gallon size saplings grown from locally obtained seed. Where necessary to remove a tree and feasible to replant, trees shall be boxed and replanted. A drip irrigation system with a timer shall be installed as recommended by the arborist. Trees shall be maintained until established (ten years or as determined by the arborist and approved by the Planning Director). The planrings shall be protected from predation by wild and domestic animals, S%STAFI:RPTt.5724CZ.PC ~- ~.~.d set.t. ~7. ~,~ 27 20. and from human interference by the use of staked, chain link fencing and gopher fencing during the maintenance period. (9) Any unanticipated damage that occurs to trees or sensitive habitats resulting from construction activities shall be mitigated in a manner approved by the Planning Director. This mitigation may include but is not limited to tree replacement as specified in Condition No. 19.B.8. The required mitigation shall be done immediately under the direction of the Planning Director prior to any further work occurring on site. (10) All trees located near proposed buildings shall be protected from stucco or paint during construction. (11 ) A Planning Director approved arborist shall be oneire throughout all grading and construction activities which may impact trees located on the site. Prior to issuance of grading permits, the applicant shall submit a copy of the precise grading plans to the Planning Department for review and approval. All aspects of the plan shall be implemented as approved. Monitorino: Planning Department shall conduct site inspection throughout all phases of development to ensure compliance with and evaluate all tree protection and replacement measures. Release of performance security requires Planning Staff signature. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class B) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. F. All street side yard setbacks shall be a minimum of ten (10) feet. S~STAFFRPT%5724CZ. PC Revised SeptenVoer 17. lee2 28 ""' 21. 22. 23. 24, 25, The precise grading plan shall be subject to the approval of the Fire Department. Minimum 30 foot rear and side yard setbacks shall be required for lots abutting (from the side or rear) the open space areas to minimize the fire hazards. The developer shall consider this condition when designing the units to ensure compliance with these setback adjustments. Native, drought tolerant and fire resistant landscaping shall be used to protect the slopes to further reduce the fire hazards, or other mitigation measures approved by the Fire Department. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation within each individual lot shall be installed in accordance with approved plans prior to the issuance of occupancy permit for that lot. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. All landscaping and irrigation outside individual lots shall be completed prior to issuance of the first. occupancy permit. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 25277, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City Of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility prorider. Telephone, cable 'IV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ( $1,275.00), which includes the One Thousend, Two Hundred, Fifty Dollars ( $1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($25.00) County administrative fee to enable the City to file 26. 27. 28. 29. 30. 31. 32. the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted her. in shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). The following information shall be included with the White' Report and be available to the prospective residents of the project at the time of initial marketing: A. A copy of the State Department of Agriculture Pamphlet, Living Among the Oaks. The back yard lighting for all lots abutting the Pechanga Creek shall be limited to a type that limits light pollution in the creek. The Pechanga Creek is designated as a wildlife corridor and using the trails after dark is discouraged. A combination of block wall (3 feet high) and wrought iron (3 feet high) fencing shall be constructed along the rear property lines of all lots abutting the Pechanga Creek. The same wall shall be constructed along the side and rear property lines of all the lots that abut all the open space areas. The side yard fencing on all corner lots shall be a block wall. Signage shall be included for appropriate locations on the trails to inform all trail users of the potential presence of Mountain Lions after dark. The sign shall read "Warning, Mountain Lion Country, A Risk, There are Mountain Lions in this area, they are unpredictable and dangerous. Minors (under 18 years of age)'may be attacked without warning, they must remain under direct adult supervision at all times." Signage shall be approved by the Director of Planning prior to issuance of Occupancy Permits. The creek shall be revegetated to enhance the wildlife corridor for wildlife movement. This revegetation shall be subject to approval of a qualified biologist/an arborist and a registered landscape architect. This plan shall be submitted for review and approval of the Planning Director prior to issuance of grading permits. Oak trees that need transplanting may be used to revegetate the wildlife corridor..' A pamphlet shall be available to all trail users to providing tips in case of encountering Mountain Lions (refer to Attachment "7" of the Staff Report). This pamphlet shall be available at all trail signs. No grading permits shall be issued until the precise grading plans and the final landscape plans for the entire project is approved by the Planning Department. The applicant shall receive appropriate Fish and Game and Army Corps of Engineers permits prior to issuance of grading permits. A copy of clearances from these agencies shall be submitted to the Planning Department. mSTAFFRP~S724CZ.PC 33. The precise grading plan shall include the secondary access alignment through the Querry property to the east (Tentative Tract Map No. 27473). 34. Trails and picnic areas shall be developed, completed and dedicated to the City prior to issuance of the first occupancy permit for the project. 35. The applicant shall complete the-annexation procedures to the Eastern Municipal Water District and Rancho California Water District and receive approval of the improvement plans for installation of all utilities prior to recordstion of the Final Map. 36. A historic site, CA-RIV-330-H, is located just outside the project boundary to the South of the southwest property line. This adobe wall shall be protected from grading and possible blasting even though it is outside the project boundary. Fencing shall be erected around the adobe walls to protect the structural integrity of the wall from equipment and grading. If blasting is required within the vicinity of the wall, acceptable mitigation measures shall be incorporated to protect the structures. The fencing shall be shown on the grading plans. This fencing shall be at least four feet high and thirty feet in diameter surrounding the wall. With the incorporation of these mitigation measure, the impacts would be reduced to a level of insignificance. 37. Heavy construction activity and deliveries shall be restricted to the hours of 7 a.m. to 7 p.m. on weekdays. 38. A mitigation monitoring program shall be submitted to identify all environmental mitigation measures contained in the Conditions of Approval. This program shall identify the impacts the mitigation measures, the stage of the development the mitigation measures are to be enforced and the responsible party for monitoring the mitigation measures. All cost necessary to implement his program shall be the responsibility of the applicant. DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 39. The Subdivider shall record a written agreement within 72 hours of approval of the Tentative Map confirming an offer to waive the owner's rights as described in section 66462.5 of the Subdivision Map Act or this approval shall be revoked and deemed void. The Subdivider shall not request or require the City of Temecula to enter into condemnation proceedings to acquire any offsite right-of-way needed within Tentative 40. 41. 42. 43. 44. Tract Map No. 27473 to comply with these conditions of approval. The Subdivider shall not record any phase of the approved tentative map until adequate right-of-way for secondary access has been acquired at the owner's sole expense. Failure to acquire any offsite right-of-way shall not void or invalidate any condition of approval. Subdivider shall not record any phase of this map until Tentative Map 27473 is approved showing a fixed alignment for the secondary access road, and a preliminary grading and construction analysis has been completed in complete compliance with CEQA requirements identifying all mitigation measures. If Tentative Map 27473 is not approved prior to the Subdivider's request to record any phase of this map, the owner shall submit a revised Tentative Map to the City of Temecula for review and approval showing a fixed alignment for the secondary access road across the adjacent property, shall acquire the necessary right-of-way for roadway purposes at his sole expense, shall complete a grading and construction analysis, and shall be in complete compliance with CEQA requirements including mitigation measures. Subdivider shall pay all fees associated with the processing of a revised map and all associated studies. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; Metropolitan Water District; Temecula Community Services District; General Telephone; Southern California Edison Company; Southern California Gas Company; Army Corp of Engineers; and Department of Fish and Game All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 45. 46. 47. 48. 49. 50. 51. 52. Via Gilberto and Streets "A" through "J" shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No, 104, Section A (60'/40'). The Via Gilberto and Via Eduardo crossings at Pechanga Creek shall be improved with full width bridges consistent with the ultimate required road improvements, or bonds for the bridge improvements may be posted, within the dedicated right-of-way in accordance with applicable City, County and State Standards. A secondary access road with a minimum of 32 feet of'A.C. paving shall be provided within a minimum of 45 feet of dedicated right-of-way, or bonds may be posted, from Street "H" or Street "J" across the adjacent property (Tentative Tract Map No. 27473). The right-of-way shall be 60 feet in width with 32 feet minimum of A.C. paving from the terminus of Via Eduerdo southwesterly to the boundary of Tentative Tract Map No. 27473. The existing cul-de-sac shall be reconstructed for through traffic and drainage. Corner property line cut off shall be required par Riverside County Standard No. 805. Easements, when required for roadway slopes, recreational trails, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication end conveyances shall be submitted and recorded as directed by the Department of Public Works. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street and slopes) and erosion control. D. Sewer and domestic water systems. E. All trails, as required by the Temecula Community Services District. F. Undergrounding of proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. (Tentative Map No. 27473). Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 91-43 and as approved by the Department of Public Works. 3. ~ 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shell be subject to the approval-of the Building and Safety Department. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. Engineered improvement plans for the bridge crossings shall be included with the street improvement plans and shall be required for review and approval by the Department of Public Works. All driveways. shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). All driveways shall be located a minimum of two (2) feet from the side property line. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with' the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A formal drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. S~STAI:FlleT%5724CZ. PC 66. 67. 68. 69. 70. 71. 72. 73. 74. PRIOR 75. 76. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. If deemed necessary by the Department of Public Works, a copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for review. Slope protection shall be provided for all work performed within Pechanga Creek. All facilities shall conform to City of Temecula and Riverside County Flood Control standards. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A and is subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Ordinance 91-12 of the City of Temecula and with the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain and any other development constraints. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to . Develop. Conduit shall be installed to CATV Standards at time of street improvements. TO ISSUANCE OF GRADING PERMITS:' Prior to issuance of a grading permit, developer must comply with the requirements of a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until a NPDES clearance is granted or the project is shown to be exempt. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 78. 79. If blasting is to occur during the grading process, permits shall be obtained from the City of Temecula Police Department. Notice shall be given to all residents and property owners within 1000 feet of the project boundary at least 3 days prior to blasting. Blasting shall only be conducted between the hours of 10:00 AM and 4:00 PM, Monday through Friday except Fed.rally recognized holidayS. If an emergency situation related to safety or weather conditions should occur, blasting may occur outside of these hours. Blasting shall be performed in accordance with the following specifications, and in such a manner that noise, ground and air vibration, and dust are maintained at levels which satisfy Federal, State, County and City standards: A. Blasting shall be conducted by · trained and licensed biastar. The explosive used for blasting work will be standard commercial products specifically designed for mine applications. C. Blasting shall be performed using electric or non-electric blasting systems. All blasts shall be detonated with a millisecond delay system to limit the quantity of explosive detonated per delay period and to provide for sequential control of the blast detonation. The explosives shall include bulk ANFO suitably primed for blast hole conditions, unless other more suitable materials are deemed appropriate by the blasting consultant. F. Water-resistant explosives shall be used where wet blast hole conditions exist. Explosive supplies shall be used in accordance with the technical recommendations of the manufacturer and the Institute of Makers of Explosives. He All blast holes shall be carefully stemmed with inert granular material, and individual blast holes will be loaded with due recognition of instant rock fracture and burden conditions. Seismic monitoring of each blast shall be performed by-an independent, qualified consultant. Prior to any work being performed within Pechanga Creek, a 404, 1603 and any other necessary permits shall be obtained from the appropriate agencies. (Army Corp of Engineers, Department of Fish and Game, San Diego Regional Water Quality Control Board, etc.) A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. $~STAFFRPT%5724CZ.PC 80. 81. 82. 83. 84. 85¸. PRIOR 86. 87. 88. 89. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the Department of Public works. Erosion control and runoff mitigation plans shall be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. Erosion control and runoff mitigation shall be maintained at all times. ~ All lot drainage shall be to the street by side yard drainage swales independent of any other lot. If deemed necessary at the time of grading permit issuance, a flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If not deemed necessary or if the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. A letter of permission shall be required from all adjacent property owners for any grading work within their property. : If necessary, a permit from the County Flood Control District is required for any work within their right-of-way. TO BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. Prior to the issuance of any building permits, construction of the expansion, realignment or replacement of the Pala Road Bridge over Temecula Creek shall have begun. Grading of the subject property shall be in accordance with the :Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved comprehensive rough grading plan. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post security to secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said S~STAF~5724CZ.PC Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. , PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 90. Complete full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 91. A 32 foot wide secondary access road from Street "H" or Street "J" to Via Eduardo shall be completed within a recorded right-of-way for roadway purposes as approved by the Department of Public Works. 92. Full width bridge crossings at Via Gilberto and Via Eduardo shall be completed within the dedicated right-of-way for roadway purposes to be acquired by the subdivider at his own expense. A minimum of 32 feet of A.C. paving within 60 foot right-of-way shall be completed to connect to the existing Via Eduardo cul-de-sac terminus to the northerly boundary of Tentative Map 27473. 93. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by s registered Civil Engineer. 94. No occupancy shall be granted until the expansion, realignment or replacement of the Pals Road Bridge over Temecula Creek has been completed. TransDortation Enaineerina PRIOR TO RECORDATION OF THE FINAL MAP: 95. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works as directed by the Department of Public Works and shall be included in the street improvement plans. 96. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Via Gilberto at Pals Road and shall be included in the street improvement plans with the second plan check submittal. 97. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. S%STAFFtqPT%5724CZ. PC Re~,d S~enbe ~7. ~ge2 38 "" Transportation Demand Management program will be required. 98. 99. PRIOR 100. PRIOR 101. 102. 103. 104. Subdivider shall execute an agreement for the reimbursement of construction cost above his pro rata share of the improvements of the traffic signal at Via Gilberto and Pala Road from future development as determined by the Department of Public Works. TO THE ISSUANCE OF ANY ENCROACHMENT RERMITS: A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. TO THE-ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plan. The traffic signal at Via Gilberto and Pala Road shall be installed and operational per the special provisions and the approved traffic signal plan. The subdivider shall provide "stop" controls at the intersection of local streets along Via Gilberto as directed by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. S~STA~724CZ. I~ DEPARTMENT OF THE ARMYF'" E C E I V E D Los A.GEL. O,S;;T',~:,O,~,,,. O,: E.G,.EE.S LOS ANGELES CALIFORNIA IQ053-2325 ~ Harch '6, 1992 MI~ I 0 1cJ92 REPLYTO ~l,j~l~litl~&i~:)C~TES A~NTI~OF: ~ICULA, CA92310 Office o~ ~e Ch~e~ Re~lato~ Branch Acacia Construction c/o Markham and Associates 41750 WInchester Road, #N Temecula, CA 92590 Gentleman: It has come to our attention that you plan to construct a residential development (Tentative Tract Map No. 25277) in the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn Golf Course, Temecula, Riverside County, California. This activity may require a U.S. Army Corps of Engineers permit. A Corps of Engineers permit is required for: 1. Work or structures in or affecting the "navigable waters of the United States", including adjacent wetlands; construction of a pier, wharf, bulkhead or jetty, dredging, dredge disposal, filling and excavation are examples of work or structures affecting navigable waters; 2. The discharge of dredged or fill material into the "waters of the United States", including adjacent wetlands; placing bank protection, temporary or permanent stock-piling of excavated material, grading roads, any grading (including vegetative clearing operations) involving filling low areas or level'ing the land, and construction of weirs, diversions, approach fills or other structures involving the placement of fill material are examples of activities involving the discharge of dredged or fill material; 3. The transportation of dredged or fill material for the purpose of dumping it into ocean waters; 4. Any combination of the above. Enclosed you will find a permit application form and a pamphlet that describes our regulato_ryprogram. If you have any questions, please contact Roberty Smkth of my staff at (213) 894- 5606. Please refer to this letter in your reply. Sincerely, ~/Chief, South Coast Section Enclosures March 4, 1992 City of Temecula Temecula Planning Deparunent 43174 Business Park Drive Temecula, CA 92590 Development Review Committee Agenda Thursday, March 5, 1992 Item No. 1 Tentative Tract Map 25277 Attention: Matthew Fagan, Case Planner To Whom It May Concern: Rancho California Water District (RCWD) would like to provide comments relative to the above-referenced item scheduled for the March 5th Committee meeting. The property is not within RCWD's service boundaries. The proponent remitted an annexation processing deposit on February 27, 1990. However, the District placed the annexation on hold pending the completion of a special environmental assessment. Water service from RCWD would not be available to the property until the annexation process is completed. Recently, the processing time involved in completing an annexation has been approximately two years. If you have any questions or need additional information, please contact us. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Laurie Williams Manager of Engineering Services LM:iacO~/FEG lilllH.ho l'alih,-ni. ~Yal¢.r I)i~l,'it't California Department of Fish and Game ~30 Golden Shore, Suite 50 Lona Beach, CA 90802 RECEIVED /M R221992 /EMECULA CA ADrit 20, 1992 Mr. Larr>/Markham 41750 Winchester Road, Suite N Temecula, CA 92590 Dear- Mr. Markham: I have reviewed the information which you provided on Tentative Tract 2.5277 and have the followinci comments. Based on our. discussions and review of the information it aDDears that many of the Do_tenial imDact. s to the streams and oak trees have been avoided. Also, the Plan could result in an enhancement of the wildlife values within that tortion PechanQa Cx'eek which r~u~s thPouc~h the Dro.iect site. At this time I do not forsee an>/problems with the DeDart. ment's execution of a Streambed Alteration Ac/reement for this Dro.}ect. As soon as the Dro.iect has completed the re~]uired compliance with the California Environmental {Dualit.>/Act. and you have an aDDroved plan you may request >/our Streambed Alt. er-ation Ac~reement.. The orocessin,~ time for. a Streambed Aiterat~on Aoreement ,s aDmroximatelv 30 da>/s fo~- when the Department re.z'e~vee. a .2omDlete not. i f~cation tackdole. If you have an>/auestzons Dieass call me at. (71~) 92~-2757. incer~ly · ~chae O~ust.~ Environmental S[ecialist III l~ec~ x or'~ 5 STAE OF CALIF~NIA--THE RESOURCES AGEN~ DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 (213) 590-5113 PETE WILSON, G0~ernor July 9,' 1991 Mr. Scott Wright The City of Temecula 43180 Business Park Drive, Suite 200 Temecula, California 92390 Dear Mr. Wright: Tentative Tract 25277 (SCH 91062057) The California Environmental Quality Act and the California Endangered Species Act require the lead agency to appropriately condition the project and fully implement the statutory mitigation and monitoring requirements to offset adverse impacts to the following resources which may be impacted by this project. Endanqered or threatened species of plant and animals. If the project would result in take, on or off project site, of any State-listed species or habitat essential to its continued existence, the applicant must obtain authorization from the DFG pursuant to Fish and Game Code Section 2081. Wetlands. Compliance with the DFG's Wetland Policy requires that there should be no net loss of wetland acreage or wetland habitat values, either on or off project site, due to project development. A mitigation and monitoring plan subject to DFG approval should be required for loss of sensitive habitats, including, but not necessarily limited to, freshwater marsh, riparian woodland, oak woodland, and riparian scrub vegetation. Watercourses. The DFG opposes the elimination of watercourses and/or their conversion into subsurface drains. All watercourses, whether intermittent or perennial must be retained and provided with setback buffers appropriate to preserve the riparian and aquatic habitat values. Earthen channels should be interconnected with adjacent large open space areas to increase their effectiveness as wildlife corridors in urban surroundings. The DFG has direct jurisdiction under Fish and Game Code sections 1601-03 in regard to any proposed activities that would divert or obstruct the natural flow or change the bed, channel, or bank of any river, stream, or lake. We recommend early consultation since modification of the proposed project may be required to avoid impacts to fish and wildlife resources. Scott Wright July 9, 1991 Page Two Formal notification (with fee) under Fish and Game Code Section 1603 should be made after all other permits and certifications have been obtained.' Work cannot be initiated until a streambed alteration agreement is executed. The project sponsor is subject to the user fee provided by Fish and Game Code Section 711.4, and the fee is payable to the County Clerk at the time of or prior to filing the Notice of Determination by the lead agency. If a Negative Declaration is filed, the user fee is $1,250. If an Environmental Impact Report is filed, the fee is $850. It is our assessment that this project will result in cumulative loss of fish and wildlife resources and is not exempt from the user fee. In conclusion, if your analysis reveals that the above-mentioned concerns have been fully addressed throughout your decision-making process, we would not object to the project approval. However, we request that you provide us a copy of the final environmental document immediately upon approval and prior to filing the Notice of Determination. If you have any questions, please contact Kim McKee at the above address or by telephone at (213) 590-5137. Sincerely, Regional Manager Region 5 cc: Office of Planning and Research Environmental Services Division TO: CITY OF TEMECULA KI ¥ .F,A-, LIJ t.)t2 .IN J. X IRE I)EPA._lt:I'MENT AUGUST 4, 1992 ATTEN: PLANNING DEPARTMENT RE: TRACT 25277 With respect to the review of the above referenced'project., The. site was previously. designated Hazardous Fire Area by Riverside County due to the limited access9 steep slopes and natural vege- tation, The hazardous designation expired when the city incorpo- rated, However9 the threat from wildland fires is still a concern and should be taken into consideration in the design of the of the lots adjoining the open space and in the treatment and main- tenance of the open space lots, The project is proposing dead end cui-de-sacs that exceed ordinance lengthS~ the project should not be approved unless the developer can proyide evidence that the off-site right-of-way can be acquired and that acceptable alter- nate or secondary'public access can be constructed to a location other then Via Gilberto Road, The Fire Department ~ecommends the following fire measures be provided in accordance with Temecula City and/or recognized fire protection standards, protection Ordinances 1, Schedule A fire protection approved standard fire hydrants~ (6"x4"x2 1/2") located one at each street intersection and spaced no more than 550 feet apart in any direction~ with no portion of any lot frontage more than 165 ft, from a hydrant, Minimum fire flow shall be 1000 GPM for 2 hours duration at20 PSI, 2, ADOlicant/developer shail furnish one copy of the water plans to ~he Fire Department for review, Plans shall be signed be a registered civil engineer~ containing a Fire Deoartment approval signature block~ and shall conform to hydrant type: location~ s~acing and minimum fire flow, Once plans are signed by the local water company~ the originals shall be presented to the Fire Department for signature, .1760 ilda Smam/Umslda, e---,A fiXIX (7141 ZTS.477'7 * FAX C7141.16t.7451 TJ:ZZ L-.zr~v,.,mJ.J,DI Tract 25277 Cont. Aug. 4, 1992 5. The required water system, including fire hydrants, shall be installed and accepted by.the appropriate wager agency prior to any combustible building material being placed on an individual lot. ' 4. Prior to..recordation of the final map, the applicant/developer shall' provide the City Engineer with evidence that acceptable public secondary access can be constructed. 5. All buildings shall be constructed with class "B"roofing mate- rial as described in Section 5204 of the Uniform Building Code. Any wood shingles or shakes shall be approved by Building and Safety prior to installation. 6. Prior to the recordation of the final map, the developer shall deposit, with the City of Temecula, a cash sum of $400.00 per lot/unit. as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the County deferring said payment to the time of issuance of the first building permit. All questions regarding the meaning of conditions shall ferred to the Planning and Engineering Staff. be re-- RAYMOND H. REGIS Chief Fire Department Planner b~ichae1 E./~~~ Fire Captain Specialist 2 TEMECULA VALLEY Unified Scheol District 6UPERINTENDENT P:trlCil B, N~vomey, Ed.D. BOAR,~ 01: -'_DUCATION f3:. David Eur'c' Joan F. ~,~irKman B;tfDara TOoker August 12, 1992 City of Temecula 43174 Business Perk Drive Ternecula, CA 92590 Attention: Salad Naaseh Re: Acacia Construction Tract Map 25277 We would like to take this opportunity to state our position regarding the payment of school fees for the above referenced tract map. The Temecula Valley Unified School District will collect the amount in effect at the time that the building Dermit is applied for. Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula Vatley Unified School District Lettie Boggs Coordinator, Facilities Planning 31350 Rancho Vista Road .' Temecula, CA 92592 / (714) 676-2661 TO: FROM: DATE: REFERENCE: Saied Nnn._~h, Planning Department Beryl Yasinosky ~y Senior Development Assistant July 7, 1992 Tentative Tract No. 25277, Amended No. 4. The Temecula Community Services DeparUnent sUtff (TCSD) has reviewed the conditions as set forth in the City of Temecula Conditions of Approval and recommends APPROVAL of Tentative Tract Map No. 25277, Amended No. 4, subject to the developer or his assignee conforming to the TCSD Quimby Ordinance No. 460.93 as follows: 1. Prior to recordation of the F'mal Map, the applicant or his assignee, shall offer for dedication lot numbers 97, 98, 99, 100, and 101, for park land and recreational trails and execute a Letter of Agreement with the City of Temecula, Community Services Department, to improve the proposed dedication areas in accordance with existing City standards. 2. Exterior slopes (as defmed as: Those slopes contiguous to public streets that have a width of 66' or greater) and/or slopes contiguous with proposed recreational trails, shah be offered for dedication to the City of Temecula for Maintenance purposes following compliance to existing City standards and completion of the application process. AH other slopes and open space shah be maintained by the individual homeowners or an established Homeowner's Association (HOA). 3. AH proposed slopes, open space, park land, and recreational trails intended for dedication to the City of Temecula shah be identified on the Final Map by numbered lot, with the square footage of said lot number indexed as a proposed City Maintenance area. 4. Access points for aH proposed City Maintenance Areas shah be identified _on the F'mal Map. All questions regarding the meaning of the conditions shall be referred to the Temecula Community Services Department. Gary L. ICing, Development Services Administrator Debbie Ubnoske, Senior Planner ]E:,.+jtcrrl ,/ unicipal lV at er District Mr. Sam Martinez County of Riverside Department of Health Post Office Box 1370 Riverside, California 92502 danuary 28, 1991 Subject: Tentative Tract Map 25277 - Supplemental SAN 53 Information Dear Mr. Marttnez: This letter iS in response-to your request for InfOrmation describing Eastern Municipal Hater District's (EMWD) service responsibility to the subject project. Please be informed that, according to our records, the subject project ltes outside the ERWD's service area. In order to be eligible for servtce bY EMWO, the subject property must annex to EHWD and Netropolitan Hater District of Southern California (MWD). For information re ardtng annexation please contact the District's Customer Service Department at ~714) f66-1810. s, Assuming the subject project is annexed into EMWD and MWD, toe following comments regarding sanitary sewer and reclaimed water service may apply: Sanitary_ Sewer The anticipated daily wastewater flow from the subject project have been estimated as follows: Average Daily Flow (ADF): ADF = (105 DU) (3.5 PERSONS/DU) (100 GPCD) · 0.0368 HGD Peak Daily Flow (PDF): PDF · (2.5) (ADF) · 0,092 NGD The project is located within the service area of the Distrtct's Rancho California Regional Water Reclamation Facility (RCRWRF), located in Temecula. The RCRWRF presently has a treatment capacity of 5.0 MGD and an average daily flow of 3.5 MGD. The RCRWRF is being expanded to 6.25 MGD. Availability of treatment capacity is dependent on the construction timing of the subject project. Mail To: Post O!fice Bar 8.~00 · SanJ,dnto. Calilu, nia 92.a,8.&-I.1LK) · Talcphone (714) 92$-?,;76 · Fax f'Tii) ).lain CH'fmcc: 2N5 S. San Jaclmo Street, San Jacilxo · (~sRmnler Servke/Enllineerln8 Annex. 440 P C)akl~nd Avenue. Hen',:.:. C..,~ ~Ir. Sam Harttnez January 28, 1991 The nearest available existing ENWD sent,dry sewer pipeline to the subject project is a 12-inch diameter plpeline located along Reinbov~ Canyon Ro~4 at approximately Pechanga Creek. The configuration of an onsite gravity flow sewer system shall allow for a connection in accordance with District standards to the ~xlStin~ sewe,- described in Item No. 4 above. It is considered the responsibility uf the developer to propose a plan of service that takes into consider.atton the subject project grading plan, any tributary flow to the project site, and any offsite facilities required to make the'proper connection to the existing sewer system. It would seem that a logical offsite sewer alignment would parallel the south side of Pechanga Creek for an approximate distance a Construction of an approved plan of service will allow for the subject project tO be connected to the existing and master-planned sewer collection system comprised of 4 combination of qravlty flow and presSUriT-d seWer pipelines. and treatment and d{sposal facilities. The disposal of treated wastewater will be accomplished by a combination of State approved beneficial use and percola,ion practices. Available sewer currently does not front the subject project. The developer is expected to propose onstte and offsite sewer plans that must be reviewed by and receive the proper ENWD Planning Department approvals. It must be understood that the available capacity of the D1strict's sewer system changes continuously due to development within the District. As such, service will be provided based on the timing of the subject project, the service agreement with the District, and the status of the Distrtct's permit to operate. Should you have any questions regarding these comments, please contact Ruth NewSham or me at (714) 766-1850. Very truly yours, H. A1 Spence Director of Planning 'u/HAS:RN:lp Cc: Joe Richardst RiverSide County Planning Department John Frtcker, EMWD 90-3418 WOI: 91-325 7/P ATTACHMENT NO. 3 EXHIBITS CITY OF TEMECULA I \\ CASE NO.: EXHIBIT: A P.C. DATE: September 21, 1992 Change of Zone No. ~724 & Tentative Tract Map No. 25:277, Amendment No. 4 VICINITY MAP S%STAFFRPT%5724CZ.PC Revised September 14, 1992 CITY OF TEMECULA 4 SITE Designation: 2-.5 Dwelling Units Per Acre Resideatiai ZONING - EXHIBIT C Case No.: P.C. Date: RIIR Designation: R-R Change of Zone No. ~724 & Tentative Tract Map No. 2~277, Amendment No. 4 September 21, 1992 S%STAFFRPT%5724CZ.PC ivied September 14, 1992 CITY OF TEMECULA 5n-,/ / CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXamIT: D TENTATIVE TRACT MAP NO. 25277, AMEND1VIF~NT NO. 4 P.C. DATE: September 21, 1992 S\STAFFRP'R5724CZ. pC Revised Septefttber 14, 1992 CITY OF TEMECULA .LLLjj. ,.i CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 2~277, Amendment No. 4 EXHIBIT: E TENTATIVE TRACT MAP NO. 27473 P.C. DATE: September 21, 19~2 S%STAFFRPT%5724CZ,PC Revised SeptN 14, 1992 CITY OF TEMECULA CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXHIBIT: F LOTS FRONTING ON VIA GILBERTO P.C. DATE: September 21, 1992 S%STAFFRPTX5724CZ.PC ivied Septeeqnber 14, 1992 CITY OF TEMECULA , / I / I \ GOLF COURSE REStlff, NT II II Illill-Ill I \ X X u · . , ,! ,,,,,, Pt &l. iJ114-85 i L,_._._A'! · , \ R/ POllIT F :- T£NTATiV~ TRACT, MAplilT3 ~ VACANT ~q/ VACANT / VACANT / VAC ANT CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXIIIRIT: G ZONE CHANGE NO. 5724 P.c. DATE: September 21, 1992 S\STAFFFIFT~,5724CZ. PC Revised hisember 14, 1992 ATTACHMENT NO. 4 INITIAL STUDY S~STAFFRP'Ft5724CZ.PC Revise September 17. 1992 41 CITY OF TE1VIECULA NEGATIVE DECLARATION __ Proposext X Final PROJECT: APPLICANT: LOCATION: DESCRIFrION: Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 (Acacia) Acacia Construction Located at the southweste~y side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn Golf Course in the City of Temecula, County of Riverside, California. Approval of a change of zone from Rural Residential (R-R) to one Family Dwellings (R-I) and approval of a subdivision to include 92 single family lots and 5 open space lots proposed on 47.7 acres. Based upon the information contained in the Initial Study prepared for this project, and pursuant to the requirements of the California Environmental Quality Act (CEQA), it has been determined that the above mentioned project will have no significant impact upon the environment. The City of Temecula X City Council Planning Commission Planning Director fmds that the project as proposed or revised will have no significant impact upon the environment, and recommends that a Negative Declaration be adopted. The mitigation measures for this project are contained in the Initial Study. Prepared by:~ Saled Naaseh, Associate Planner (Signature) (Name and Title) Approved by: Gary Thornhill. Director of Planning (Name and Title) Negative Declaration Adoption Date: November 24, 1992 S\STAFFRPT\5724CZ.NEI9 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY BACKGROUND 1. Name of Project: Acacia 2. Case Numbers: Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No.4. Location of Project: Southwesterly side of Pechanga Creek between Via Gilberto and easterly side of Temecula Creek Inn Golf Course e Description of Project: A request for approval of a zone change from Rural Residential (R-R) to Single Family Residential (R-l) and a subdivision to include 96 single family lots and 5 open space lots proposed on 47.7 acres. e Date of Environmental Assessment: August 17, 1992 6. Name of Proponent: · Acacia Construction e Address and Phone Number of Proponent: 8180 E. Kaiser Blvd., Suite 200 Anaheim Hills, CA 92808-2213 (714) 282-5800 ENVIRONMENTAL IMPACTS (Explanations to all the answers are provided in Section III) 1. Earth. Will the proposal result in: Yes Maybe No Unstable earth conditions or in changes geologic substructures? Disruptions, displacements, compaction, or overcovering of the soil? X ...x Ce Change in topography or ground surface'relief features? The destruction, covering or modification of any unique geologic or physical featureS? ..x X Yes Mavbq No ew Any increase in wind or water erosion of soils, either on or off the site? f- Changes in siltation, deposition or erosion? The modification of any wash, channel, creek, river, or lake? Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, liquefaction, or similar hazards? Any development within an Alquist-Priolo Special Studies Zone? Air..Will the proposal result in: Air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, temperature, or moisture or any change in climate, whether locally or regionally? Water. Will the proposal result in: Changes in currents, or the course or direction of water movements, in either marine or fresh waters? Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? c. Alterations to the course or flow of flood waters? de Change in the amount of surface water in any waterbody? Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow of ground waters? .X X .X .X .'X ...× $t,$TAFFRPT%5724CZ. pC Revised September 17, 1992 43 Yes Maybe NO he Change in the quantity of ground waters, either through direct additions, withdrawals, or through interception of an 'aquifer by cuts or excavations? Reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flooding? Plant Life. Will the proposal result in: ae Change in the diversity of species,or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? X X X X de 6. Noise. 8. S~STAFFRF~5724CZ.PC Reveed September 17. 1992 b. Reduction of the numbers of any unique, rare, threatened, or endangered species of plants? c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? d. Reduction in the acreage of any agricultural crop? Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (animals includes all land animals, birds, reptiles, amphibians, fish, shellfish, benthic organisms, and/or insects)? b. Reduction of the numbers of any unique, rare, threatened, or endangered species of animals? c. The introduction of new wildlife species into an area? A barrier to the migration or movement of animals? Deterioration to existing fish or wildlife habitat? Will the proposal result in: Increases in existing noise levels? 44 X X X X X X X Yes M_9,y_b_q, No ~ 9 , 10. 11. 12. b. Exposure of people to severe noise levels? c. Exposure of People to severe vibrations? Light and Glare. Will the proposal produce or result in new light or glare? Land Use. Will the proposal result in: a. Alteration of the present land use of an area? b. Alteration to the future planned land use of an area as described in a community or general plan? Natural Resources. Will the Proposal result in: ee An increase in the rate of use of any natural resources ? b. The depletion of any nonrenewable natural resource? Risk of Upset. Will the proposal result in: ee A risk of an explosion or the release of any hazardous substances in the event of an accident or upset conditions (hazardous substances includes, but is not limited to, oil, Pesticides, chemicals or radiation)? TIle use, storage, transport or disposal of any toxic or hazardous materials (including, but not limited to oil, pesticides, chemicals, or radiation)? . Possible interference with an emergency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? _ ..X ..X .X ,X S~,STAFFRF~5724 CZ. PC Revised September 17. 1092 45 Yqs Maybe No 13. 14. 15. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? , b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation systems, including public transportation? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? . f. Other governmental services: Libraries Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X X X X X X X X X X X X X S%,STAFFI:~5724CZ.PC Revise September 17. 1992 46 Yes M,,M_J,.y_b~ No --~ 16. 17. 18. 19. Utilities. Will the Proposal result in a need for new systems, or substantial alterations to any of the following utilities: a. Power or natural gas? b. Communications systems? c. Water systems? Sanitary sewer systems or septic tanks? Storm water drainage systems? Solid waste disposal systems? ge Will the proposal result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above? Human Health. Will the proposal result in: ae The creation of any health hazard or potential health hazard? The exposure of people to potential health hazards, including the exposure of sensitive receptors (such as schools and hospitals) to toxic pollutant emissions? Aesthetics. Will the proposal result in: ae The obstruction of any scenic vista or view open to the public? be The creation of an aesthetically offensive site open to public view? c. Detrimental visual impacts on the surrounding area? Recreation, Will the Proposal result in an impact upon the quality or quantity of existing recreational resources or opportunities? ..X ..X .X _ _ ..X _ .X -- -- .X -- _ X S~STAFFFe1~5724CZ. pC Revi,,d S.ptenew 17, 1992 47 Yes Maybe No 20. Cultural Resources. Will the proposal result in: The alteration or destruction of any paleontologic, prehistoric, archaeological or historic; site? X be Adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X Ce Any potential to cause a physical change which would affect .unique ethnic cultural values? X Restrictions to existing religious or sacred uses within the potential impact area? X III DISCUSSION OF THE ENVIRONMENTAL IMPACTS Earth 1 .a. Yes. Note: A geotechnical report for the project site .was prepared by Soil Tech, Inc. on June 21, 1989; an amendment was prepared on April 13, 1992. The proposed project will cause changes in the geological substructures which include alluvium to a depth of up to 31.5 feet, colluvium to a depth of up to 2 feet, sandstone and bedrock. These changes will be primarily caused by ripping and probably by blasting. Moderate to difficult ripping might be required in the sandstone and bedrock formations. Blasting might be required in the granitic unit and cuts deeper than 25 feet. The sandstone and bedrock formations cover over 50 percent of the site and are located to the southeast of the 1060 contour line. Lots 58, 63, and 64 are located on bedrock as identified in the Soils Report. It is difficult to predict the requirement of blasting at this stage; usually in the grading stage anything that is impossible to rip is blasted. Therefore, if in the grading stage blasting is required proper mitigation measures will be required acceptable to the Public Works Department, Planning Department, Police Department and Fire Department. Furthermore, the project will not cause unstable earth conditions. A slope stability report has been prepared. With the incorporation of the mitigation measures introduced in this report the significant impacts are reduced to a level of insignificance. 1 .b.c. Yes. The project will cause disruptions, displacements, compaction and overcovering of the soil and result in changes to the natural topography. The project design includes 200,650 cubic yards of excavation, 180,770 cubic yards S~STAFFRF~5724CZ.PC ReviMd Sel~tembe 17, 1992 48 1.d. 1.e. 1.f. 1.g. 1.h. 1.i. of embankment, 18,080 cubic yards of shrinkage and 1,800 cubic yards of excess. The difference between the highest and lowest points of the natural topography is 140 feet. Furthermore, the difference between the highest and lowest finished pad elevations is 94 feet. Since this grading will not cause any other environmental damage, i.e. disturbance of the oak trees, and mitigation measures such compaction of the soil, slope stability and erosion control have been incorporated into the conditions of approval, no significant impacts are anticipated. No. A sil~e inspection by Staff revealed no unique geologic or physical features on the site. Therefore, no significant impacts are anticipated. Yes. The project will increase wind and water erosion of the soil on a short term basis; however, standard mitigation measures such as spraying the graded areas and sand bagging during the grading operations will reduce the impacts to an insignificant level. The long term impacts will not be significant since slope planting will protect the slopes against erosion. Yes. The project will cause a change in siltation, deposition and erosion since the site will be covered with concrete, asphalt and landscaping. However, this impact is not considered significant since drainage facilities will direct the storm water into Pechanga Creek and ultimately to Santa Margarita River. Yes. The project will cause modification of the Pechanga Creek by filling the creek. bed to allow the construction of single family dwellings. No significant impacts are anticipated since the creek will still be able to carry the 100 year flood. Maybe. The project lies within an active area of faulting and seismicity within the Southern California region. This seismicity has included numerous earthquakes ranging in Richter magnitude from 4.0 to 5.0 within 30 miles of the site and have been recorded during the period of 1932 through 1972 according to the preliminary Geotechnical Investigation which included mitigation measures for soils compaction, foundation, and structural design to mitigate the impacts to a level of insignificance. These mitigation measures shall be monitored by the Building and Safety and Public Works Departments. Moreover, a portion of the project site is within liquefaction hazard areas. Mitigation measures in the Geotechnical Investigation shall be implemented by the Public Works Department to mitigate the impacts to an insignificant level. No. The project site is not within an Alquist Priolo special studies zone. Therefore, no significant impacts are anticipated. St. STAFFRFT%5724CZ.pC Revised September 17. 1992 49 -~ 2.b. 2.c. 3.a.c.d. 3.b. 3.8. 3.f. Yes. The development of this project will cause air emissions and deterioration of ambient air quality. Short term impacts affecting the surrounding air quality would result from emissions generated by construction vehicles and dust generated during grading operations. These impacts are not considered significant because of their short term nature. According to the South Coast Air Quality Management District handbook the long term impacts of this project do not meet the threshold levels of significant air quality impacts. Therefore, no significant impacts are anticipated. No. The development of this project will not cause objectionable odors since these odors are not caused by residential projects. No significant impacts are anticipated. No. The development of this project will not cause alteration of air movement,temperature or moisture or any change in climate,whether locally or regionally since these impacts are not associated with this type of project. No significant impacts are anticipated. Maybe. The proposed project is going to allow filling the flood plain to permit the construction of dwelling units above the flood plain which may cause alteration of the course or flow of flood waters. Proper permits and agreements shall be secured with the affected Federal, State, and local agencies including the Army Corps of Engineers, FEMA, Fish and Wildlife, Fish and Game, Flood Control and Public Works Department prior to issuance of grading permits to reduce the impacts to an insignificant level. The applicant has consulted the Fish and Game and Army Corps of Engineers and has received preliminar. y clearances from these agencies. However, further permitting will be required from these agencies. No significant impacts are anticipated. Yes. The development of this project will cause changes in absorption rates, drainage patterns and the rate and amount of surface runoff; since it will introduce impervious surfaces that will direct the storm water to Pechanga Creek. This impact is not anticipated to be significant since the creek will be able to carry the storm water. No. significant impacts are anticipated. No. The development of this project will not cause a discharge into surface waters, nor alter the surface water quality. Storm water runoff and possibly irrigation runoff from the proposed project would ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those of urbanized areas, including motor oil, pesticides, herbicides and fertilizers. This impact will be mitigated by the clearance issued by the State Water Resources Control Board. This clearance will insure compliance with the National Pollutant Discharge Elimination System (NPDES). No significant impacts are anticipated. No. The runoff from the project is conveyed to Pechanga Creek and ultimately to Santa Margarita River which recharge the ground water in the Murrieta-Temecula basin. The runoff from this project is not anticipated to change the direction or rate of flow of ground waters. No significant impacts are anticipated. S~STAFFRPT~5724CZ,PC Revised September 17. 1992 50 3.g. 3.h. 3.i. 4.a.b. 4.c. 4.d. 5.8.C. 5.b. 5.d. No. The development of this project will not change the quality of ground waters,either through direct additions, withdrawals, or through interception of an aquifer by cuts or exaltations. The project site is not within the service area of Rancho Water District which will provide water services to the project. The. applicant will annex to the district. If the annexation is complete, direct withdrawal of ground water will be mitigated to a level of insignificance. No. If the project is annexed to Rancho Water District, there will be no substantial reduction in the availability of water. No significant impacts are anticipated. Maybe. A portion of the project site is within the flood plain. However, the pad elevations have been raised above the flood plain. The project has been conditioned to meet FEMA requirements and the Public Works Department prior to issuance of grading permits. No significant impacts are anticipated. Yes. The 48 acre site contains: (1) Non-native Grassland and Phase of the Valley and Foothill Grassland Natural Community, (2) the Southern Mixed Chaparral Phase of the Riparian Woodlands Natural Community. The Non-native Grassland and the Southern Mixed Chaparral will be mostly eliminated due to development. However, from the 297 Southern Oak Riparian Woodland 3 will be removed, 24 will be transplanted and the rest will be preserved. The project has been redesigned several times to preserve these trees. Proper mitigation measures have been included to Preserve, replace, and monitor the oak tree community within the project site to reduce impacts to a level of insignificance. Yes. The ultimate development of the project will Produce new non-native species of plants within the individual lots. However, the open space areas within the project which contain the oak trees will not be introduced to non-native plants. The slopes within these areas will be planted with native species and temporarily irrigated subject to approval of an Abrorist. No significant impacts are anticipated. No. The Project site is not currently being used for agricultural purposes; therefore, no significant impacts are anticipated. Maybe. The ultimate development of the project may eliminate some of the native animals on the site; however, some may survive in an urban environment. The only additions to the animal. life are expected to be household pets. No significant impacts are anticipated as a result of this project. No. The Biological Reports did not identify any Stephen's Kangaroo Rats, Gnatcatchers or any other endangered species present at the site. A Petition was filed with Fish and Wildlife to list the Mountain Lion on the Endangered Species list on February 1992; however, the petition has not been approved. No significant impacts are anticipated. Maybe. The Pechanga Creek has been used as a corridor for two Mountain Lion Communities located in the Palomar and the Santa Ana Ranges. The creek has S%STAFFRPT%S724CZ.pC Revised September 17, 1992 6.8. 6.b.c. 8.8. 8.b. 9.a.b. been left as open space to provide for a continued movement of wildlife which is between 200 and 300 feet in width. The project has been redesigned several times to provide open space corridors to the property to the south which is a mountainous area. The Pechanga Creek Corridor will be left as open space and additional open space will be provided to link the creek to the open space area to the south. This combination should be sufficient to preserve the wildlife corridor. Because of these mitigation measures no significant impacts .are anticipated. Yes. The development of this project will cause an increase to existing noise levels. The short term impacts are associated with the grading and construction of the project and the long term impacts will mostly result from the traffic generated by this project. Due to the size and location of this project these impacts are not considered significant. Maybe. If it is determined during the grading operation that blasting will be required, the grading stage of this project will expose people to severe noise levels and vibrations. Necessary mitigation measures shall be implemented to reduce the impacts. If no blasting is required, no significant impacts are anticipated. Yes. The project will result in an increase in the light and glare of the area. However, the project has been conditioned to comply with Mt. Palomar Observatory lighting requirements to reduce the impacts-. Furthermore, the Pechanga Creek is being used by wild life. This corridor will not be impacted since the lots will back- up to the creek. Substantial light and glare is not anticipated in the back yards and the street lights will be further away from the creek. Therefore, no significant impacts are anticipated. Yes. The existing zoning on the property is Rural Residential which will allow approximately 72 parcels on this site assuming the Pechanga Creek remains as open space. The proposed project which includes a change of zone to R-1 will create 96 residential lots. Therefore, this zone change will increase the density of the project by 33 percent. No significant impacts are anticipated from this increase. No. The Draft Preferred Land Use Plan designates the site as low density residential which allows a maximum density of 2 dwelling units per acre. The gross site area is 47.7 acres which makes it consistent with the General Plan. Therefore, no significant impacts are anticipated. No. The implementation of the proposed project would increase the rate of consumption of both renewable and non-renewable natural resources during construction and project operation. The oak trees present at the site will be preserved or transplanted. A monitoring program will insure their well being or they will be replaced with new trees. The Pechanga Creek is a natural resource being used as a wildlife corridor; therefore it is being preserved. The natural resources consumed during construction would be aggregate materials, timber, and energy resources for on-site construction equipment and for transport vehicles which would bring supplies to the site. At build out, energy resources required during project S~STAFFRPT~5724CZ.PC Revised Septerre 17, 1992 52 10.a.b. operation would include gasoline, natural gas for heating and cooling, electricity for lighting and appliances. As all of these resources are readily available commercially, the proposed project would not have a significant impact on natural resources. No. The project will not cause a risk in explosions in the event of an accident nor will it cause the use, storage, transport nor disposal of any toxic or' hazardous materials since the residential nature of the project does not necessitate the presence of explosives, and toxic or hazardous materials. No significant impacts are anticipated. 10.c. 11. No. The proposed project will not interfere with an emergency response plan or an emergency evacuation plan since a secondary access to the site will be provided through the proposed Tentative Tract Map No. 27473. This access is acceptable to the Fire Department and will only be used in the event of an emergency. Therefore, no significant impacts are anticipated. No. The ultimate development of the site will create 96 single-family dwelling units which will generate approximately 272 new residents. This increase could be in the form of out of town residents moving into the city, the relocation of Temecula residents in the area or a combination of the two. This impact is not expected to be significant. 12. 13.a.c. 13.b. 13.d. 13.e. Yes. This Proposal will add to the existing housing stock. It will result in construction of houses on vacant land which is used as an open space area by the neighborhood residents. However, this impact is not anticipated to be significant since the project site is zoned for residential. Moreover, trials and picnic areas have been incorporated into the project design to be used by the neighborhood residents. Maybe. The proposed project will generate aPProximately 960 trips per day which will be traveling through Via Gilberto and continue on to Pala Road. This impact is not anticipated to be significant since the trips will not affect the service level of Via Gilberto. However, it will increase the traffic on Via Gilberto to a point where a traffic signal will be warranted on Pala Road and Via Gilberto to mitigate the impacts of this project. With the incorporation of this mitigation measure impacts are reduced to a level of insignificance. No. The proposed project will not create additional demand on existing parking facilities since the proper number of parking spaces will be provided as garages. Therefore, no significant impacts are anticipated. No. The Proposed project will not adversely affect the present pattern of circulation or movement of People since it is being served by existing road systems. No significant impacts are anticipated. No. This project will not cause alterations to waterborne, rail, or air traffic due to the nature of the project, its geographic location, and local transportation system. Therefore, no significant impacts are anticipated. S%STAFFRPT%5724CZ.pC Revised Selotembe 17, 1992 53 13.f. 14.a. 14.b. 14.c. 14.d. 14.e. 14.f. 15.a.b. Maybe. 'Project-related traffic could create new traffic hazards to motor vehicles, bicyclists and pedestrians, both on and off the project site. Points of conflict would be created as a result of additional traffic on Via Gilberto and an increased number of left hand turns from Via Gilberto to Pala Road. Internal circulation within the subdivision could also result in potential hazards to pedestrians. Since Via Gilberto is now a barricaded street, traffic is now limited to residents and visitors to the tracts on either side of Via Gilberto. A traffic light will be installed at Pala Road and Via Gilberto to reduce these impacts to a level of insignificance. Therefore, no significant impacts are anticipated. Ye~. The proposed project will have an impact on fire protection. Mitigation fee of e400.00 per dwelling unit will be collected to mitigate the impacts of this development on Fire Services. The Fire Department has reviewed the project and has placed Conditions of Approval on the project to reduce the impacts of the project to an insignificant level. Yes. The proposed project will have an impact on police service. The City of Temecula is contracting through the Riverside County Sheriff's Department for law enforcement services. This contract provides for thirty-one sworn officers and seven non-sworn officers. Additional services are provided to the city through various divisions within the Sheriff's Department. The .average response time for priority one calls is 6.5 minutes which according to the Sheriff's Department is well within industry standards for adequate service levels. The City intends to maintain a ratio of 1 officer per 1,000 residents. No significant impacts are anticipated. Yes. The proposed project will have an impact on the schools; however, this impact will be mitigated by the payment of school fees. No significant impacts are anticipated. No. The project will have an impact on the existing recreational facilities. However, this impact is not significant since it proposes public open space area with trails and benches for the residents and Quimby fees will be collected to increase the number of parks in the City or develop the City owned parcels as parks. Yes. The project will cause increased traffic on existing city streets and will introduce new streets, both of which will increase the maintenance cost to the City. However, these impacts are not considered to be significant since the new homes and the new residents will generate additional revenue to the City to maintain streets. Maybe. The future projects residents will be using governmental services such as libraries, however, a $100.00 per dwelling mitigation fee imposed for this project will mitigate the impact. No significant impacts are anticipated. No. The implementation of the proposed project would increase the rate of consumption of fuel and other energy resources. During construction, construction equipment would be consuming energy resources. At buildout, energy resources $~STAFFRPT~5724CZ.PC Revised September 17, 1992 54 16.a.b. 16.c.d. 16.e. 16.f. 16.g. 17.a.b. 18.a.b.c. would be required during project operation, such as gasoline, natural gas, and electricity. However, the proposed project would not result in the use of substantial amounts of fuels or energy which are commercially abundant. No significant impacts are anticipated. Yes. These services will need to be extended to the project site upon the completion of an agreement between_ the applicant and the individual'utility companies; however, the impact is not anticipated to be significant. Yes. The sewer and water lines will need to be extended to the project site. The proposed project is outside the service boundaries of both the Rancho Water District and the Eastern Municipal Water District which provide the water and sewer services respectively. Annexations to their boundaries will be necessary to provide service to this project. The sewer lines from the Project will have to be extended to Rainbow Canyon Road where the existing sewer line is located. This connection line will be approximately 3,000 feet. No significant impacts are anticipated. Yes. The proposed project will cause a need for new storm water drainage systems. The storm water drainage system will be built on site and will direct the storm water to the Pechanga Creek and subsequently to the Santa Margarita River. No significant impacts are anticipated. Yes. The project will cause an increased demand for solid waste collection and disposal. The solid waste pick-up and disposal will be handled by the company under contract with the City and new residents will be assessed. No significant impacts are anticipated. No. All the services are within close proximity to the project site and could be available to the site upon arrangements with the individual utility companies. No significant impacts are anticipated. No. The nature of the proposed uses permitted on the project site is not such that they would create Potential health hazards. No significant impacts are anticipated. No. The proposed project will not result in the obstruction of any scenic vista, view open to the public, or detrimental visual impacts on the surrounding area. The residents abutting the north side of the creek have a view of the project site through their wrought iron fencing. However, this project will not block that view. No significant impacts are anticipated. 19. No. The proposed project will not result in impacts upon the quality or quantity of existing recreational resources or opportunities. The project will provide open space area to be used by the project residents and others in the neighborhood. These open space areas might include trails, benches and a tot lot. Furthermore, Quimby fees will be collected to further provide parks and open space and recreation S%STAFFRPT%5724CZ.pC Revised Septembe 17, 1992 5 5 20.a .c .d. 20.b. opportunities to the surrounding residents. Therefore, no significant impacts are anticipated. No. An Archaeological Assessment was prepared by Jean Keller which recommended no further research for resources is necessary within the boundary of the project. Furthermore, the San Bernardino County Museum had no recommendations regarding this project. NO significant impacts are anticipated. Maybe. A historic site, CA-RIV-330-H, is located just outside the project boundary to the south of the southwest property line. This adobe wall shall be protected from grading and possible blasting even though it is outside the project boundary. Fencing shall be erected around the adobe walls to protect the structural integrity of the wall from equipment and grading. If blasting is required within the vicinity of the wall, acceptable mitigation measures shall be incorporated to protect the structures. The fencing shall be shown on the grading plans. This fencing shall be at least four feet high and thirty feet in diameter surrounding the wall. With the incorporation of these mitigation measures the impacts are reduced to a level of insignificance. S%STAFFRFT~5724CZ.PC ~-- Revised September 17. 1992 56 IV MANDATORy FINDINGS OF SIGNIFICANCE Does the project have the potential to either: degrade the quality of the environment, substantially reduce the habitat of a fish, wildlife or bird species, cause a fish, wildlife or bird Population to drop below_self sustaining levels, threaten to eliminate a plant, bird or animal species, or eliminate important examples of the major periods of California history or prehistory? Does the Project have the potential to achieve short term, to the disadvantage of long term, environmental goals? (A short term impact on the environment is one which occurs in a relatively brief, definitive period of time while long term impacts will endure well into the future.) Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes ~ ~No _ X V DEPARTMENT OF FISH AND GAME "DE MINIMUS" FINDINGS Does the project have the potential to cause any adverse effect, either individually or cumulatively, on fish and wildlife resources? Wildlife is defined as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends on for it's continued viability" (Section 711.2, Fish and Game Code). Yes S~STAFFRP'~5724CZ. PC Revised September 17, 1992 57 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a signi(icant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because the Mitigation Measures described on the attached sheets and in the Conditions of Approval that have been added to the project will mitigate any potentially significant impacts to a level of insignificance, and a NEGATIVE DECLARATION will be prepared. X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared by: Signature Saied Naaseh, Associate Planner Name and Title August 17, 1992 Date S\STAFFRPT~5724CZ,PC Revised September 17, 1992 58 ATTACHMENT NO. 5 TABLE I S%STAFFRPT%5724CZ.PC Revise September 17. 1992 59 Lot # 1 2 3 4 5 6 7 8 9 10 ._,11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LOT BY LOT GRADING ANALYSIS FOR TRACT 25277 The mount of The amount of Elevation Cut (C)/Fill (F) Cut (C)/Fill (F) difference required for the required for the Pad between the high high point to low point to Lots high Lots low .elevation & low points of become the pad become the pad point-feet point-feet feet the lot-feet elevation elevation 1060 1052 1072 8 12 F 20 F 1060 1052 1072 8 12 F 20 F 1060 1052 1072 8 12 F 20 F 1076 1060 1065 16 11 C 5 F 1076 1064 1065 12 11 C 1 F 1072 1060 1063 12 9 C 3 F 1060 1056 1061 4 1 F 5 F 1060 1056 1060 4 0 4 F 1060 1056 1059 4 1 C 3 F 1056 1052 1058 4 2 F 6 F 1052 1048 1056 4 4 F 8 F 1052 1044 1055 8 3 F 11 F 1048 1044 1053 4 5 F 9 F 1048 1044 1051 4 3 F 7 F 1048 1044 1049 4 1 F 5 F 1048 1044 1048 4 0 4 F 1048 1044 1048 4 0 4 F 1048 1048 1048 0 0 0 1048 1040 1049 8 1 F 9 F 1046 1040 1049 6 3 F 9 F 1046 1040 1049 6 3 F 9 F 1044 1044 1049 0 5 F 5 F 1046 1046 ' 1050 0 4 F 4 F 1044 1044 1050 0 6 F 6 F 1044 1044 1050 0 6 F 6 F S\STAFFRFF~5277. FRM The amount of The amount of Elevation Cut (C)/Fill (F) Cut (C)/F~I (F) difference required for the required for the Pad between the high high point to low point to Lots high Lots low ~evation & low points of become the pad become the pad Lot # point-feet point-feet feet the lot-feet elevation elevation 26 1048 1046 1052 2 6 F 4 F 27 1048 1048 1052 0 4 F 4 F 28 1049 1049 1053 0 4 F 4 F 29 1050 1050 1054 0 4 F 4 F 30 1052 1052 1056 0 4 F 4 F 31 1052 1052 1058 0 6 F 6 F 32 1056 1056 1060 0 4 F 4 F 33 1060 1060 1064 0 4 F 4 F 34 1064 1060 1068 4 4 F 8 F 35 1076 1064 1073 12 3 C 9 F 36 1096 1076 1088 20 8 C 12 F 37 1096 1084 1084 12 12 C 0 38 1084 1076 1080 8 4 C 4 F 39 1076 1068 1076 8 0 8 F 40 1072 1060 1072 12 0 12 F 41 1060 1056 1064 4 4 F 8 F 42 1056 1056 1057 0 1F 1F 43 1056 1056 1056 0 0 0 44 1052 1052 1055 0 3 F 3 F 45 1050 1050 1054 0 4 F 4 F 46 1049 1048 1052 1 3 F 4 F 47 1049 1048 1054 1 5 F 6 F 48 1050 1050 1056 0 6 F 6 F 49 1052 1052 1062 0 10 F 10 F 50 1056 1056 1066 0 10 F 10 F 51 1056 1056 1073 0 17 F 17 F 52 1060 1056 1073 4 13 F 17 F $XSTAFFRPTX252~.FRM Pad Lots high Lots low elevation Lot # pointfeet point-feet feet 53 1060 1056 1074 54 1060 1056 1074 55 1060 1060 1076 56 1072 1064 1076 57 1084 1068 1078 58 1088 1064 1075 59 1096 1068 1080 60 1104 1084 1086 61 1112 1088 1090 62 1132 1092 1098 63 1132 1096 1106 64 1136 1104 1120 65 1144 1116 1123 66 1148 1136 1130 67 1152 1120 1134 68 1152 1128 1142 69 1152 1132 1127 70 1148 1128 1119 71 1144 1122 1115 72 1136 1096 1110 73 1132 1108 1108 74 1132 1100 1110 75 1144 1108 1112 76 1144 1140 1128 77 1144 1128 1130 78 1136 1128 1132 9 1132 1104 1098 h S~STAFFR~252~.FRM The mount of The amount of Elevation Cut (C)/Fill (F) Cut (C)/F~I (F) difference requked for the required for the b~ween the high high point to low point to & low points of become the pad become the pad the lot-fe~ elev~ion elevation 4 14 F 18 F 4 14 F 18 F 0 16 F 16 F 8 4 F 12 F 16 6 C 10 F 24 13 C 11F 28 16 C 12 F 20 18 C 2 F 24 22 C 2 F 40 34 C 6 F 36 26 C 10 F 32 16 C 16 F 28 21C 7 F 12 18 C 6 C 32 18 C 14 F 24 10 C 14 F 20 25 C 5 C 20 29 C 9 C 22 29 C 7 C 40 26 C 14 F 24 24 C 0 32 22 C 10 F 36 32 C 4 F 4 16 C 12 C 16 14 C 2 F 8 4 C 4 F 28 34 C 6 C Pad Lots high Lots low elevation Lot # point-feet point-feet feet 80 1120 1100 1090 81 1108 1092 1084 82 1104 1072 1080 83 1088 1060 1074 84 1064 1056 1067 85 1052 1048 1050 86 1052 1048 1054 87 1064 1056 1056 88 1072 1056 1058 89 1072 1060 1061 90 1072 1064 1063 91 1084 1068 1064 92 1084 1068 1066 93 1076 1074 1068 94 1080 1076 1070 95 1080 1076 1070 96 1076 1068 1072 97 Open Space 98 Open Space 99 Open Space 100 Open Space 101 Open Space Elevation difference between the high & low points of the lot-feet 20 16 32 28 8 4 4 8 16 12 8 16 16 2 4 4 8 The amount of Cut (C)/Fill (F) required for the high point to become the pad elevation 30 C 24 C 24 C 14 C 3F 2C 2F 8C 14 C llC 9C 20 C 18C 8C 10 C 10 C 4C 4 2 6 '6 6 4 The amount of Cut (C)/Fill (F) required for the-', low point to become the pad elevation 10 C 8C 8F 14F llF 2F 6F 0 2F 1F 1C C C C C C F S\STAFFRPTX25277. FRM ATTACHMENT NO. 6 CORRESPONDENCE S~STAFFRF~5724CZ.PC --- ReviNd S~teN~ ~7. ~992 60 RECE!V r), J U L 2 4 19S2 :/V[ O UNTAIN LION. Fo UN DATI ON PO. Box 1896 · SACRAMENTO, CA 95812 916-4J,2:2666 BOARD OF DIRECTORS' Hon. William Newsam presK;lent RoDDi JoseDh Hurwitz vice Pres~ent Bill Yeates Secretary ScOff HennessV Treasurer Gini Barret~ . Ilse BVrnes Don Dianda Steve Pratt Dani Rosensteel Ann Mar.~ Shanks John Taft susan de Treville M~rgaret Owings 'ent Ementus EXECUTIVE DIRECTOR Mark J. ,Palmet HONORARY BOARD ,?ooert Batem an 5 yDll BtonO Dor~s Day .on FreO Parr Mr & Mrs Go~on P Gem/ Marlan He~sl~elt Barn, LODeZ Peter Morthessen ,?de McCtonanon Dr RODeft Orr ,?ussetl Peterson Norrtor~el P Reed Dr George Scf~Ner Wallace Slegner Chnsr#ne Srevens Mrs James Stewoff Hen Russell Train A Non Profit Tax DeductiDle - ,C"" 'r'.zation. Mr. Saied Naaseh,-Associate City of Temecula 43174 Business'Park Dr. 'Temecula, CA 92590 July 20, 1992 Planner · FOR THE HEARING RECORD, AUGUST 3, 1992 ACACIA HOMES' DEVELOPMENT City of Temecula;.Planning Commission Dear Mr. Naaseh:' The Mountain Lion Poundation is very concerned about 'the loss of habitat and'movement corridors ("hab'itat linkages") for mountain-lions and other wildlife throughout California. The Mountain Lion Foundation has been. active in taking steps to preserve such habitat areas. Enclosed is"a copy of our report Preservina Cougar Country for land-use managers. A copy of our petition to list the Santa Ana Mountains population of mountain lions as endangered under the provisions of the federal Endangered Species Act is also included (See Figure 6 for a description o~ the Pechanga Creek wildlife corridor and mountain lion data from Dr.. Paul Beier). I have also enclosed a copy Of our letter to Mr. John Meyer of the City of Temecula' 'expressing our interest in working with the City of. Temecula as the General Plan is prepared. Relative to the proposal before the City of Temecula Planning Commission for the Aca'cia Homes Development, I would like to provide the following· comments for the hearing record: As noted in the enclosed Petition. prepared for the U.S. Fish and Wildlife Service on the status of the mountain lion in the Santa Ana Mountains'of southern California, this population is virtually isolated from. surrounding lion' populations. If completely isolated, over time we anticipate that. the population would-go extinct due to inbreedingproblems and a general decline in .the population. The.only viable wildlife corridor that could be used (or'is now being used) is'through Pechanga Creek, linking the Santa Ana Mountains with the Palomar Range. Other potential corridors pose serious barriersto the movement of mountain lions, according to Dr-. PaullBeier, who is conducting the Orange County Mountain Lion Survey on behalf of the Univ~rs'ity of California and'the Department.of Fish and Game. 'Not only iS the Pechanga Creek Wildlife corridor important for mountain lions~ other wildlife and'plant species benefit from uninterrupted corridors that link Populations, Preventing inbreeding and other disasters that may cause species extinction in the long run. From a planning standpoint, it is important to preserve the corridor now, in order to maintain the movements of mountain lions and other species, as well as to prevent development projects from running into conflicts with wildlife. For example, if the Pechanga Creek corridor is foreclosed to mountain'lion movements by the Acacia Homes Development, the U.S. Fish and Wildlife Service may conclude that the. Santa Ana Mountains population of mountain lions should be listed as an endangered species as there areno viable alternatives !for ProteCting the .Population. Listing would impede other development projects in the region that would have.to comply with the strict provisions of the federal Endangered Species Act. Another Potential problem is human and pet conflicts with mountain lions -- if 'planned correctly, the Acacia Homes Development can encourage mountain lion movements while discouraging interactions between pets and humans. Planning for-the wildlife corridor is important from the outset. = Indeed, since the Temecula area has been experiencing growth, some habitat for the mountain lion has been degraded along the Pechanga Creek watershed. Dr. Paul ' ' Beier has recommended taking steps to enhance the wildlife corridor (through planting of native shrubs, reducing lighting of the corridor while enhancing lighting in residential areas, restricting dogs, etc.) in order to increase the chances for mountain lions to move effectively between the Palomar Range and the Santa Ana Mountains. Certainly,.these Provisions for enhancing the wildlife corridor must be. included in any development Proposal like the Acacia Homes Development. AlSo, since mountain.lions~are secretive and generally shy animalS, the wildlife corridor could be used for open. space and recreational 'purposes (.hiking, biking,'nature study, horse-back riding, etc.) by'the residents,' as long as precautions are taken to reduce the chances of conflicts. Proper planning now can reduce these potential conflicts and ensure that the ~ildlife corridor is an 'asset to the community. We have recommenaed 'that the City of Temecula,~during the General Plan process, engage in a Coordinated Resource Management Plan process (CRMP) with other state and federal agencies, including.county land-use agencies, ~he U.S. Forest Service, the Department of Fish and Game, and. U.S. Fish and Wildlife Service. ThrOugh the CRMP process, all relavent government agencies will be involved, and.the'City'of Temecula will be able to coordinate activities so that the full wildlife corridor can be protected throughoutlits' length instead of on a piece-meal.basis. .Experts like Dr."Paul Beier and other interested organizations, like the National Audubon Society, Sierra Club, Nature Conservancy, and the Mountain Lion Foundation, can' also be involved in the CRMP process. Dr. Beier's report "Determining Minimum Habitat Areas and Habitat Corridors for Cougars" (copy enclosed).-provides much information on how to address the size and limits of the wildlife uorridor.. Beier notes that, based on his computer model, "if as few as 1-4 animals per decade could immigrate into a small population, the probability of population persistence.increased markedly. Thus a corridor for immigration would benefit a' small population in an area where further loss of habitat will occur." (.from Page 1, Abstract). Thus. only minimal'use by mountain lions is needed' for the corridor to prove viable for protecting the Santa Ana Mountains population from extinction. In conclusion, we urge the Planning Commission to: (1) Delay approval of the Acacia Homes Development.until ~he General Plan for the City of Temecula is approved; (2) Use the General Plan process to provide long-term protection to the Pechanga Creek wildlife corridor, with partiCUlar emphasis on maintaining and enhancing ~the corridor for use by mountain lions. while discouraging conflicts for the surrounding developed. areas; (3) Work with other state, federal and nonprofit conservation agencies to coordinate efforts to protect the mountain lions and the- Pechanga Creek wildli~e 'corridor in. perpetuity; .(4) Consult with Dr. Paul Beier and other mountain lion and wildlife 'experts on the most viable means.to enhance the Pechanga 'Creek' wildlife corridor for useby mountain lions and other wildlife;~and (5) Keep the Mountain Lion - Foundation informed of your actions on the Acacia Homes Development and the Pechanga Creek wildlife corridor. ]Should the Planning CommissiOn wish to proceed with the Acacia Homes"Development at this time, the Mountain Lion Foundationsfeels that a complete Environmental Impact Report (EIR)under the Provisions of the California Environmental Quality. Act is legally required. Please send us all. appropriate CEQA documents. for the Acacia .Homes Development at this time, and please include us on your list of. interested parties to recieve 'fUture notices and CEQA documents for review. Thank you for your consideration of our views' and concerns. We would be happy'to work with the City' of Temecula to seek protection for the Pechanga Creek wildlife corridor, mountain lions, and other wildlife. Sincerelyyours,' Mark J. Palmer, Conservation Director/CEO ENCLOSURES MOUNTAIN-LION FOUNDATION RO. Box 1896 · SACRAMENTO, CA 95812 916-442-2666 BOARD OF DIRECTOR5 Hon. William Newsore · PresiCent Rabbi Joseph Hurwitz vice FresK:~ent Bill Yeafes Secretorv Scott Hennessy TfeQsurer gini Barre~ Ilse BVrnes Don Dianda Sfeve Pratt Dqni Rosensteel Ann Mare Shanks John Taft Susan de Treville Ma aret C)wings l:~'~ ,~t Ementus EXECUTIVE DIRECTOR Mark J. Pairher HONORARY BOARD Rol3ert Bateman M~cl~oel Blal<e Doris HOn. freC Fort Mr & Mrs GotCon P Getty Mcr;cn 8crry CoDez Peter Mottr~essen Rue McCiononcln D~ RoDeft Russeft Peterson Natl'}ar~el P Reed Waitace 5tegnef ChnStlrle Ste~el~s Mr~ James Stewart Hon. Russell Train A Non Profit Tax Deductible OrP--~zation. July 20, 1992 Mr. John.Meyer City of Temecula 43174 Busines~ Park Dr. Temecula, CA 92590 CITY OF TBMECUIa GENERAL PLAN' Deer Mr. Meyer: The Mountain Lion Foundation is deeply concerned about the future of the mountai~ lion in California. In particular, We have been active.in seeking protection for habitat for mountain lions and other wildlife. The Mountain Lion Foundation was a major' sponsor .of Proposition 117 ("The Mountain Lion Initiative"), passed by California-voters in June 1990. Pro. position 117 prohibits trophy hunting of mountain lions and provides $30 million annually for the next 30 years for habitat acquisition and enhancement. The Mountain Lion Foundation further author~d the Petition to list the Santa And Mountains population of mountain lions as endangered under the provisions of the federal Endangered Species Act. A copy of the petition is enclosed'for your information. Also enclosed is a copy of our guide for local landuse managers: Preserving Cougar Country. We understand.that the City of Temecula is involved in developing a new General Plan. Dr. Paul Beier, conducting the Orange County Mountain Lion Survey for the University of California and the state Department of-Fish and Game, has identified Temecula Creek as an important wildlife corridor that can serve to allow movement of mountain lions between.the'Santa Ana Mountains and the Palomar Range. Without thi~ habitat link, the Santa And Mountains population would be isolated and Recyclecl paper 'Temecula. expected to die out due'to inbreeding and related. population deterioration over time. Therefore, the Mountain Lion Foundation urges the City of Temeculato include Protections for this wildlife corridor in 'the city General Plan. Movements for'mountain lions and other wildlife must be planned.in a~va~ce, both the protect and preserve our wildlife heritage and to minimize the conflict between'development and wildlife needs. Please addthe Mountain Lion Foundation to Yourlist of interested parties who receive notices of the process and drafts of'the General Plan. We are interested in-helping protect the corridor for the long term. As Protection of the mountain li0n involves other jurisdictionsbesidesthe City of Temecula (e.g. county property, National Forest lands,' and federal and state. wildlife agencies), may we suggest the. city take this opportunity to engage in a Coordinated Resource Management Plan process (CRMP) with appropriate state and.federal agencies? This process allows for coordination'to address resource issues, like wildlife Preservation, and will help spread the burden of planning and responsibility among several government agencies instead of solely the City of Thank you for your consideration of our comments. ENCLOSURES Sincerely yours, Mark J. Palmer, Conservation Director/CEO -- ".. .t-' ELK V E t.) U R .g LATEAU John Meyer, Senior Planner 43174 Business Park Dr. . Temecula, CA 92590 RE: General Plan preparation Dear Mr. Meyer: Thank you for this opportunity to make additional comments on the preparation of Temecula's new General Plan. Our grassroots citizens group of several hundred members is dedicated to the preservation of the Santa Rosa Plateau and its surrounding ecosystem. We urge 'you to incorporate provisions for wildlife movement corridors into the General Plan. Such early attention will undoubtedly avoid serious conflicts later on, such as the current California Dept. of Fish and Game lawsuit against the City of Anaheim over mountain lion corridors in Coal Canyon. Wildlife corridor planning should be done after consultation with expert biologists and focus on "habitat linkages" rather'than narrow corridors. In this way, we will preserve the viability of the natural world which the public cherishes while also siting appropriate development, Areas of particular concern at this time include Temecula Creek and Pechanga Creek, and we urge specific protection of these ripadan corridors in the General' Plan. Thank you very much for consideration of these additional comments. With best regards, Dan Silver, MD President Mailing address: 1422 N. Sweetzer Ave., #401 Los Angeles, CA 90069-1528 PRESERVE OUR PLATEAU Mr. Saied Naaseh, Associate Planner City of Temecula 43174 Business Park Dr. Temecula, CA 92590 August 7, 1992 RECEIVED AUG I O 1992 Im'd._ RE: Acacia Homes proposed development Dear Mr. Naaseh: Our grassroots citizens group of several hundred members is dedicated to the preservation of the Santa Rosa Plateau and the surrounding ecosystem. We believe that potential adverse impacts to the Pechanga Creek wildlife movement corridor from this proposed project are significant and require preparation of an Environmental Impact Report. For example, adverse effects on mountain lion populations would be of major significnace. Furthermore~ processing of this application should wait until the adoption of a General Plan in which these larger environmental constraints are considered. We urge you to. require protection for the Pechanga Creek habitat linkage and for other such critical areas. Please include this letter in the administrative record and put us on the mailing list for hearing notification and public documents under CEQA. Thank you very much. Sincerely, Dan Silver, MD President Mailing address: 1422 N. Sweetzer Ave., #401 Los Angeles, CA 90069-1528 PRESERVE OUR PLATEAU A~jgdst 25, 1992 RECEIVED AUG 2 8 1992 Mr. Saied Naaseh, Associate Planner City of Temecula 43174 Business Park Dr. Temecula, CA 92590 RE: Acacia Homes proposed development (Tentative Tract Map No. 25277, Change of Zone No. 5724, public hearing Sept. 21 ) Dear Mr. Naaseh: Our grassroots citizens group of several hundred members is dedicated to the preservation of the Santa Rosa Plateau and the surrounding ecosystem. We have reviewed the Initial Environmental Study and Environmental Determination for Acacia Homes and find them legally deficient in several aspects. As you know, the California Environmental Quality Act requires that if there are potentially significant impacts, an environmental impact report must be prepared. While you state that these potential impacts exist in many areas, it is erroneously concluded that they would be mitigated to insignificance by the findings in the attached Initial Environmental Study. Our comments are as follows: 1) No threshholds or standards are established for findings of insignificance. For example, what scientific standards did you use to conclude that impacts to the Pechanga Creek wildlife corridor will be insignificant? (5.d.) What threshholds for siltation, erosion, etc. were used to determine that impacts to Pechanga Creek would be insignificant? (1 .f., 1 .g.) 2) There is no reasoned analysis to support conclusions made. For example, in 1 .f., watershed impacts are noted, but the conclusory statement that these impacts are not significant "since drainage facilities will divert storm water into Pechanga Creek and ultimately into the Santa Margarita River" is circular: It is the impacts of these flood alterations on the creek and the river which are the very object of our concern. In 1 .g., it is noted that part of the creek bed will be filled. These multiple impacts are not adequately addressed by referring to only 100 year flooding capacity. In 3.b., the statement that increased runoff will be insignificant due to the fact that the creek "will be able to carry the storm water" is conclusory and not backed up by evidence. What about scouring, impacts to vegetation, and downstream impacts? In 3.e., the statement that water pollution impacts will be insignificant due to future permitting by the state or federal government does not ensure that impacts are reduced to insignificance, but only that conditions of a particular permit are to be met. According to CEQA, these measures need to be stated in advance, not deferred. 3) An adequate analysis of watershed mitigation alternatives was not undertaken. Alternative watershed management, Such as detention basins and dry wells, was not considered. These measures must be considered in order to reduce the impacts of direct stream discharge from increased impervious surface run-off and altered flow patterns. 4) Cumulative regional impacts on the watershed from increased flow velocities, runoff, erosion, etc. were not even considered let alone mitigated. It is the incremental effects of numerous small projects such as Acacia which cause significant long-term impacts to the Santa Margarita River system. These cumulative impacts must be adequately disclosed and mitigated. The current document does not provide decision-makers with adequate information and short-changes the public interest. We again ask that a full Environmental Impact Report be prepared to address these serious legal deficiencies or that further and sufficient analysis be undertaken in a new mitigated negative' declaration. The most important lesson of the Acacia experience is that only a comprehensive wildlife corridor and watershed management plan encompassing all past, current, and future development will successfully address cumulative impacts and preserve the vital public resources of the Santa Margarita River system. We would be happy to work with you to resolve these issues, particularly in the context of the new General Plan. Sincerely, Dan Silver, MD President Mailing address: 1422 N. Sweetzer Ave., #401 Los Angeles, CA 90069-1528 City Council John Meyer, Senior Planner Friends of the Santa Margarita River P.O. Box 923 Fallbrook, CA 92088 August 31, 1992 RECEIVED Ctn, OF rU F. CUU Mr. Saied Naaseh City of Temeeula Planning Department 43174 Business Park Drive Temecula CA 92590 Rc: Acacia Homes Review of Initial Study for Negative Declaration for Tentative Tract map # 25277 and Change of Zone # 5724. Dear Mr. Naaseh: The Friends of the Santa Margarita River is an organization of several hundred people dedicated to protecting and preserving the natural riparian environment of the Santa Margarita River and its tributaries. After a very, careful review of the above document we find we must disagree with its conclusion, that a negative declaration is sufficient for this project, and advise that a complete E.I.R. be undertaken. Although the scope of this project may seem small the impact of the cumulative effect of all possible projects along the tributaries of the Santa Margarita is far from insignificant. Historical!}' the Santa Margarita was a year round river supporting an indigenous population of steelhead. Increased use of the underground aquifcrs and imported water have significantly degraded this last free flowing 'river in southern California and fish populations are virtually nonexistent. Although there is no way that this river can be restored to its pristine historical condition the developer and the City of Tcmecula have a responsibility to those downstream to protect these waters from further degradation and whenever possible improve the quality of waters discharged into the Santa Margarita and its tributaries. 1 .f. - "Changes in siltation, deposition and erosion... since the site will be covered with concrete, asphalt and landscaping .... this impact is not considered significant since drainage facilities will direct the storm water into Pechanga Creek and ultimately to the Santa Margarita River." How much additional stom~ water run off will be generated through paving how many acres with asphalt and concrete? How much additional water added to irrigate landscape plants? What is the quality of this water? The TDS, the mount of added Phosphate and Nitrate fertilizers and pesticicles? None of these issues have been quantified. 1 .g. - "The project will cause modification of the Pechanga Creek by filling the creek bed.. No significant impacts are anticipated since the creek will still be able to carry the IO0 year flood." 3. b. - "...the creek will be able to carry the storm water..." Although Pechanga Creek may be able to handle 100 year floods at this time how well will it handle 100 year floods after this and other possible pro. frects x3fthis type are allowed to increase the rainfall runoff?. It is also important to look downstream. Historically the waters converging at Temecula Gorge backed up, creating cattail marshes along both sides of Temecula and Mumeta Creeks. Urban development with its houses, concrete and asphalt paving in the Santa Margarita watershed has increased rainfall runoff many times over, now even relatively minor storms create flooding problems. According to the Riverside County Flood Control District. as stated at a recent meeting with the Temecula City Council, the Temecula Gorge will not accept 100 year floodwaters and flood water will back up on both Temecula and Mumeta Creeks. They state that it will require significant alteration (blasting) to relieve this congestion. This winter's storms (a ten year event) created problems in many areas. What degree of flooding can the channel accept at this time? Western creek and river beds have evolved to handle large inundations, water meanders, changing course and slowing as it encounters native patches of vegetation. Projects of this type which fill in, straighten and narrow any portion of a historic stream channel decrease the soil surface available to absorb runoff, and hurry the water to the river where it piles up behind the Temecula Gorge. Recently the City of Temecula along with Union for River Greenbelt Environment (U.R.G.E.) was awarded an urban streams $50,000 grant to promote a river greenbelt through the City of Tcmecula. To allow projects such as the Acacia Homes to channelize "insignificant" portions of the tributary creeks is directly in opposition to the stated purpose of this grant which is to beautify and promote public uses of Temecula's river corridors. Continued acceptance of projects of this type will eliminate any possibility of avoiding a concrete channel through Oldtown. The City of Temecuia should allow no changes to the historic banks of the Santa Margarita and its tributaries, including Pechanga Creek, before a comprehensive plan for the Santa Margarita watershed is prepared. 3.e. - "Runoff pollutonts will be typical of those of urbanized areas... and will be mitigated by the clearance issued by the State Water Resources Control Board" This clearance will insure compliance with NPDES. " What are these conditions? According to the E.P.A. urban runoff, with its increased phosphates and nitrates, has resulted in a 60% algae gro%%~ on the surface and bottom of the Santa Margarita River and significant degradation of the estuary at Camp Pendleton, a condition they feel is unacceptable for the many rare and endangered species that rely on these waters. The developer and the City of Temecula should not defer responsibility to state and federal agencies whose inability to sufficiently review all projects has allowed the quality of the river and its estuary to degrade to their present conditions. 5. a. "Will the proposal result in changes in diversity of species or number of native species..." The answer "Maybe" is applied only to the project area and does not address the effects of cumulative altered water quality on downstream species. IV - 1 "Does the project have the potenaal to degrade the quality of the environment?" Yes. Without specific plans to catch and treat "tim flush" pollutants, and retention basins to allow for percolation of increased water runoff, it appears this project will significantly degrade the environment. Plans to deal with these problems should be undertaken at this time or a complete E.I.R. should be prepared detailing procedures to be taken to mitigate these problems. Although the conditions created by this project may seem insignificant, each new "insignificant" project adds to the cumulative total of decreased water recharge, increased runoff and increased pollution. It is the legal responsibility of the City of Temecula to protect the quality of the water discharged into the river for those downstream users, which includes the community of Fallbrook as well as the U.S. Marine base at Camp Pendleton. This application for tract approval and a negativc dcclaration relies upon thc State and Federal agencies and the Rancho Water District for their approvals on admitted environmental concerns, but does not supply these agencies with the data that supports their conclusions that these impacts are insignificant. It is the responsibility ofthc dcvcloper to quantify thesc conccrns and prove that they are in fact "insignificant." It should be the concern of the City of Temecula to address these concerns thoroughly since the city is legally responsible to downstream users for the quality and quantity of the water. 7. "Substantial light and glare is not anticipated in the back yards... This has nothing to do directly with water concerns, however, it is paramount to the continued usefulness of the planned wildlife corridor. Is them a CC&R regulating light sources within this development? If not, owners concerned about perceived dangerous wildlife are free to install wildlife disrupting light sources in their back yards. Friends of the .Santa Margarita River firmly believes that historic Pechanga Creek must be protected. By insuring no change in its historic banks, first flush pollution containment and on site water detention this can be achieved without significant sustained economic effect on the growth and development of the City of Temecula. We would be happy to work with the City of Temecula and the proponents.of Acacia Homes, or any other project, on issues that effect the Santa Margarita River watershed. Sincerely, Nancy H. Backstrand President 714/677-7341 Rainbow Canyon Village Homeowners Association P.O. Box 1675 Temecula, CA 92593 TO: FROM: SUBJECT: DATE: Saied Naaseh City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Rainbow Canyon Village Homeowners Association ZONE CHANGE ACACIA PROJECT August 31, 1992 The mitigation measures described with the initial environmental study will not mitigate potentially significant impacts to a level of insignificance. Page 13 states a traffic signal at Pala Road and Via Gilberto will'handle the traffic problem. Let me tell you Rainbow Canyon Villager is at the bottom of the ladder and will receive the full impact of the 960 trips per day this project will generate when trying to turn on to Pala Road. Gridlock and traffic hazards will increase at Rainbow Canyon Road and all other intersections on to Pala, when this project is complete. · · · · · Lack of a new bridge over Temecula Creek Lack of fire protection near 79S Lack of a traffic light at Rainbow and Pala Lack of a traffic impact for the proposed Pechanga Indian gaming house on Pala Lack of a traffic impact for the proposed water park on Rainbow Canyon Road Because of the above, all zone requests and others in this area should be denied until corrected. Sincerely, Eric Brown President - Rainbow Canyon Homeowners Association RECEIVED AUG 3, 1 1992 CITY OF TEMECULA ATTACHMENT NO. 7 WHAT TO DO IF YOU ENCOUNTER A MOUNTAIN LION AN ENCOUNTER OCCURS, HERE ARE SOMI~ TIPS: DON'T RUN! ' Don't crouch down; the lion has seen you long before you saw it. Hold your Found, wave your hands, shout! If the lion behaves aggressively, throw stones. Convince the lion that you are not prey and that you may be dangerous yourself. If you have little children with you, pick them up. Do all you can to appear larger. Report any mountain lion sightings, IN DETAIl,, to the City of Temecula Community Services Department as soon as possible. StP~(~MOIYNTAff, I.LON ~ ATTACHMENT NO. 8 OAK TREE INFORMATION S~STAI:FRPT%5724CZ.PC If you're lucky enough .to have a big oak tree How many atom houses have be~n designsd to f~atur~ a nativ~ oak, only to have the trce die a few yean later? And how many d~velopments named for a stand of oaks have any (or mot~ than a small handful) of the original tr~es r~naalning? Her~ are some facts of life about coexisting with nativ~ oaks. (For more on kceping native oaks healthy, g pa~ 190.) Oaks are highly adaptable. An acorn may tab toot on n dry hillside. n~xt to a er~k,/n a lawn, or in a ~ Individual adapt to sps~i~c conditions. But onco they adapt, survive,, and mature, their environmental toleran~ b~znne increasingly narrow. Dry-season irrigation of a tree that's bm~ome accus- tamed m a century of dry summers can actually cause its death. If yam mattst cA~mft sell levi tarowad a oak. use retaining walls to minimize ~otl movement an~ preserve orilinal Irade root zone, the Fade is alterre:!. Excavation potentially destroys or damages roots; adding soil reduces the amount of air cirou- lating in t,he coil and can promote root-destroying fungus. There is no guarantee that you can add fill around an oak without killing the tree. But if you must, take the following steps. First, at existing soil level, t~move grass, leaves, and other maturing that may form an air-and-water barrier. To aid air circulation, use ~ineh-diameter plastic drainage pipes on the original soil surface. Set them so they radiate out from the trunk, then rising to the now soil level near the tr~'s drip line. Use only porous topsoil as fill around tr~s, and he sure it slo!M:s away from the trunk TreatAlma, The need for this familiar construction process is often taken for granted. But under an oak's canopy, it can destroy a major portion of the tr~e's mats. 'l"hg best alternative to trenching is to bore through the soil. (Boring will contact and damage some roou--but fewer than trenching will.) Then install a oonduit pips large enough for all servk:es--water, electricity, whatever. If boring is not possible, dig only one trench and u~ a single oonduit for all serv/c~s. (It's not uncommon for each contractor to dig his own trench, multiplying the damage to the try.) Pawtag, Coyfling fig sou with any nonpmmu material blocks the circulation of air and water. Instend, pave with brick on a hed of and. You can also cover the am with rock, gravel, or mulch. AJly material that allows movement of air and water into the soil is acceptable,. Decking, Use large beams and few support piers to minimize digging. in situations where there will be a lot of foot eraaRc around the root zone, it's better to install an appropriately constructed dm:k than to do nothing. The decking k~'ps soii- rompacting footsteps off the root zone. Kcep in mind that native oaks dic slowly. it might take a decade or linger for an old trce to die after enduring construction around its bag. A success story based on one tree's survival for five years or so doeen't prove much. The most vulnerable parts of a mature oak are the root zone and the basc of the trunk. A native oak develops a dcep taproot urly in iu life,; later, the most important roots are relatively shallow, within the top 3 feet of soil. Figure that an oak's roots extend at least several yards beyond the outermost edge of the tr~'s foliage. Ideally, you should keep this entire aru free of disturbance. This menns no grading, digging, trenching, paving, landscaping, or summer irrigation; no construction equipment near, not ~v~n much foot traffic. If you compromise, auum¢ that the tr~'s long-term survival is at some risk. But you can still pregrve the root-zone area in as natural a condition as po~ible. Keep ground disturbanc~ to a minimum, and keep them as far from the trunk as you can. Preeautiosu to take when yon build around a native oak A mature tree i~ adapted to a specific balance of moisture, air, moil temperature. and nutrients. A change in any on~ factor can upset the balance and cause the tr~e to decline or even die. There is no one gcncral rule. The age, size, spcciu, Jocation, and health of the individual tree all figure in that tr~'s ability to tolerate change. Here arc eon~ of the communest onnstruction-relatmd ¢hai- leagas to native oaks, and some way~ to minimize the damage- (~rmde titantea- Any time you add or remove soil from an onk's M~aMAIM A.PLATII ATTACHMENT NO. 7 DEVELOPMENT FEE CHECKLIST S~,STAFFFI:q'~S724CZ.-4.CC 20 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of AoDroval Condition No. 17.D. Condition No. 11 Condition No. 89 Condition No. 53 Condition No. 20 Condition No. 9 Condition No. 83 $%STAFFRPT'~5724CZ4.CC 2 1 ITEM NO. 12 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: CiTY OF TEMECULA AGENDA REPORT City Manager/City Council FROM: City Attorney DATE: November 24, 1992 SUBJECT: Resolution of Denial - PUP No. 5 ~ New Community Lutheran Church RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 27 AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY PUBLIC USE PERMIT NO. 5 TO ALLOW CONSTRUCTION OF A WORSHIP CENTER AND A SUNDAY SCHOOL LOCATED ON THE SOUTHEAST CORNER OF YNEZ ROAD AND SANTIAGO ROAD BACKGROUND: At the City Council meeting of November 10, 1992, Council directed staff to prepare a resolution, including the necessary findings, denying Public Use Permit No. 5 and upholding the Planning Commission decision. The attached resolution addresses the Council's findings in Sections 1 and 2. FISCAL IMPACT: None ATTACHMENTS: Resolution No. 92- (Denying Appeal No. 27') SFF:jsg ATTACHMENT NO. 1 RESOLUTION NO. 92- A liESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 27 AND UPHOLDING THE PLANNING COMM[qSION'S DECISION TO DENY PUBLIC USE PERMIT NO. 5 TO ALLOW CONSTRUCTION OF A WORSHIP CENTER AND A SUNDAY SCHOOL LOCATED ON THE SOUTHEAST CORNER OF YNEZ ROAD AND SANTIAGO ROAD. WHEREAS, in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference, the New Community Lutheran Church filed Public Use Permit No. 5, proposing construction of a Worship Center and a Sunday School located at the southeasterly comer of Ynez Road and Santiago Road; WHEREAS, the proposed project is the fn'st phase of a multi-phase development. The first phase includes the Worship Center and Sunday School buildings and 86 parking spaces. The future phases may include a 500 seat sanctuary, a preschool with 100 students, a day school with Kindergarten through eighth grade plus related administration and storage space, a gymnasium and a total of 229 parking spaces including the 86 spaces in the first phase; WHEREAS, the proposed project is located in the Los Ranchitos neighborhood which is a unique, semi-rural area of the City, comprised of large lot residences, streets without sidewalks or sweet lighting, horse trails and equestrian facilities; WHEREAS, pursuant to Government Code Section 65360, a newly incorporated City shall adopt a General Plan within thirty (30) months following incorporation. During that 30- month period of time, the City is not subject to the requirement that a General Plan be adopted and that its decision be consistent with the General Plan if certain findings are made; WHEREAS, pursuant to Section 18.29 of Riverside County Ordinance No. 348, a public use permit must be denied unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Public Use Permit on September 21, 1992, at which time interested persons had opportunity to testify with either in support or opposition to said Public Use Permit and; WHEREAS, at the conclusion of the Commission hearing and after having considered all information presented, the Planning Commission denied said Public Use Permit; WI~REAS, the New Community Lutheran Church filed Appeal No. 27; WHEREAS, said Appeal application was processed in the time and manner prescribed by State and local law; and WlIF_,REAS, the City Council received a copy of the Staff Report regarding the Appeal; WRF. REAS, the City Council conducted a pi~blie hearing pertaining to said Appeal on November 10, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Appeal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Fmdin~. The Temecula City Council hereby denies Appeal No. 27 based upon the following findings: A. The appellant has failed to demonstrate the proposed project, including .the future phases, will not be detrimental to the health, safety and general welfare of the community. B. The General Plan proposal being considered designates the subject property as Very Low Density Residential (2.2 - 2.4 dwelling units per acre). The traffic impacts and non- residential intensity of development of the project (i.e., bulk of the buildings, parking areas, lighting, noise, etc.) will likely be inconsistent with to the land use element of the proposed General Plan. C. The proposed project, including the future phases, is not a proper use for the area because it will negatively impact traffic in the area as compared to the traffic impacts of developing the property are Very Low Density Residential. D. The intensity of development of the proposed project, including the future phases, is incompatible with the surrounding Los Ranchitos neighborhood. E. The proposed project, including the future phases, will' result in 'negative traffic impacts due to the cumulative number of non-residentiaYpublic uses in the immediate area. Section 2. lr. nvironmental Compliance. The City of Temecula City Council hereby denies certification of the Negative Declaration. The City Council further finds that the Initial Study for the pwject failed to address the project broadly enough to analyze the impacts resulting from future expansion of the project. For example, the Ixaffic analysis failed to address the cumulative impacts of the future phases of the project. I:~mwm~3M 2 ~'~ The City Clerk shall certify to the passage and adoption of this Section 3. Resolution. PASSED, APPROVED AND ADOPTEr}, by the City Council of the City of Temecula at a regular meeting held on the 24th day of November, 1992. Patricia H. Birdsall, Mayor ATTEST: June S. Greek City Clerk [SEAL] STATE OF CALIPORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA SS I, June S. Greek, City Clerk of the City of Temeeula, California, do hereby certify that Resolution No. 92- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 241h day of November, 1992, by the following vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ITEM NO. 13 TO: FROM: DATE: SUBJECT: APPRO~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning November 24, 1992 Temporary Signs in Old Town Historic District PREPARED BY: David W. Hogan, Associate Planner RECOMMENDATION: It is requested that the City Council provide direction to City Staff on the implementation of temporary sign regulations in the Old Town Temecula Historic District. BACKGROUND: Temporary sign regulations for Old Town were included in the Ordinance Regulating Temporary Signs. According to Ordinance in 578, all structures and signs in Old Town also need to conform to the requirements of Ordinance 578. In effect since 1980, Ordinance 578 established the Old Town Local Review Board and is intended to maintain the historic character of Old Town. The Ordinance Regulating Temporary Signs included a provision to address the need for consistency between the Historic Preservation District and Temporary Sign Ordinances. The City Council has provided direction to Staff to include provisions in the Temporary Sign Ordinance to delay enforcement of the temporary signs on private property for six-months. DISCUSSION: As with temporary signs citywide, no enforcement activities were conducted in Old Town during the past year. Staff has analyzed the historic consistency provisions of Ordinance 578, considered the instructions provided by the City Council concerning the enforcement of temporary sign regulations citywide, and is requesting addition direction from the City Council concerning the enforcement of temporary signs in Old Town. Based upon this analysis of these ordinances and the Council's previous direction, there appear to be three alternatives to address this issues. The alternatives for addressing the issue of historic consistency and temporary signs in Old Town Temecula are as follows: Six-Month Moratorium; discontinue the enforcement of the historic consistency' provisions of Ordinance 578 for temporary signs in Old Town for a six month period. Continue to enforce Ordinance 578; by requiring that all temporary signs in Old Town be reviewed and approved by the Local Review Board prior to their use, while grandfathering temporary signs on private property in Old Town in a manner consistent with the Ordinance Regulating Temporary Signs. SIGNCOIdM~OT11VI~GN.AR Ce Continue to enforce Ordinance 578 and enforce the provisions of the Ordinance Regulating Temporary Signs; by amending Section 5 of the proposed Ordinance to remove the grandfather provisions for temporary signs in Old Town, and by implementing the provisions of the Ordinance Regulating Temporary Signs in the Old Town Area. CONCLUSION: It is the opinion of City Staff that Alternative A, the six month moratorium on the enforcement of the historic consistency provisions as they relate to temporary signs on private property in Old Town Temecula is consistent with prior Council direction, and is the best alternative in this situation. The moratorium period will enable the Local Review Board and City Staff to finalize guidelines for temporary signage in Old Town, pursuant to the provisions of Section 19.10(B) of the proposed Ordinance Regulating Temporary Signs, will enable the consultant preparing the Specific Plan to address temporary signage in Old Town as part of the design guidelines in the Old Town Specific Plan, and will treat temporary signs in Old Town the same as they are being addressed citywide. RECOMMENDATION: Staff recommends that the City Council provide additional direction on the issue of temporary signs in Old Town and instruct Staff to implement Alternative A; the six-month moratorium on the enforcement of the Ordinance Regulating Temporary Signs in Old Town. SIGNCOMM~OTTMPSGN.AR 2 ITEM NO. 14 APPROVAL CITY ATTORNEY FINANCE OFFICER ~?]d CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department December 8, 1992 Temecula Film Commission PREPARED BY: Debbie Ubnoske; Senior Planner RECOMMENDATION: Direct staff to create an Ordinance establishing an application procedure and associated fee. BACKGROUND 'Recently, the Temecula Film Commission was established for the purpose of soliciting business from the film/television/video industry and providing liaison services between the local government, the community, and production companies. The Film Commission is currently comprised of volunteers whose job it is to serve as a clearinghouse for marketing coordination and location guidance to producers and production companies. Staff recommends the City assist the Temecula Film Commission by creating an application and procedure which will ensure timely processing of applications, as well as adopting a minimal fee. Currently, persons Wishing to film in the City for profit would be required to file for a Minor Outdoor Event permit. Staff suggests that a new application be created that would specifically address the unique issues of the film business. Additionally, it has been suggested by the City Manager that a fee similar to the City's business license fee ($35.00) be adopted. FISCAL IMPACT A number of states have established film commissions to enable them to attract the film/television/video industry. The Utah State Film Commission reported $20,248,000 was spent on Utah goods and services by out-of-state production companies during the fiscal year 1989-1990. The San Diego Motion Picture and Television Bureau reported for the fiscal year 1990-1991, total dollars spent in San Diego amounted to $11,000,269. They also reported over 3,000 local people were employed. The Phoenix Motion Picture Coordinating office reported for fiscal year 1990-1991, an estimated $16.8 million dollars was brought into the local economy. It is not known, at this time, what the fiscal impact will be to the City of Temecula. SU'tN~"O~._MCOMM. CC I Attachments: A. Economic Impact of Film Commissions in Other Cities - Page 3 B. San Diego Motion Picture and Television Bureau - Economic Impact Report - Page 4 S'tFq,,ANNI~G~-ILI~OI~M.CC 2 ATTACHMENT A ECONOMIC IMPACT OF FILM COMMISSIONS IN OTHER CITIES SM:~LANNING'~:ILMCOMM'CC 3 ECONOMIC IMPACT OF FILM COMMISSIONS IN OTIIER CITIES The film/television/video business is a non-polluting and lucrative industry which carries a prestigious reputatiou. The producing teain comes in and spends their dollars utilizing local personnel and facilities to produce their project. Below are some cities and the economic benefits they have reaped froin the film/television/video industry: TIle Utah State Film Commission reported $20,248,000 was spent on Utah goods and services by out-of-state production companies during the fiscal year 1989-1990. An additional $17,733 was spent by in-state companies for a total of $37,981,000. There were 1,323 production work days for Utah resideills and services. The Sail Diego Motion PiCture and Television Bureau, which is a division of tile Greater San .Diego Chamber of Commerce and supported by the City of San Diego reported that for the fiscal year July 1, 1990 thru June 30, 1991, total dollars spent in San Diego was $11,000,269.00 They also reported that over 3,000 local people were employed. The various productions that brought in these miiliong of dollars into the local Sall Diego economy included 6 feature fihns, 5 television movies, 25 television series episodes, 37 connnercials, 5 documentaries, 17 industrials, 73 still photography for Print and Catalogue advertising. The Central Utah Fihn Commission, just on its second year of operation reported a total of $1,986,050.00 spent by a combination of ot, i-6f-state and in-state production companies for the fiscalyear 1991. TIle San Jose Fihn and Video Commission reported all actual econolnic benefit of $8,000,000.00 for 1989-1990. In 1990-1991, the San Jose Film and Video Commission assisted 3 feature films and television movies, 26 television series and 20 commercials who fil,ned in Sail Jose and the surrounding area. These projects resulted in more than 10,000 room nights and $7.1 million to the local economy. The Phoenix Motion Picture Coordinating office reported that for tile fiscal year 1990-91, film and tape production brought an estimated $16.8 million into the local economy. This included 5 feature fihns, 9 television series and numerous national and local commercials. All tile figures were compiled from production s. rveys signed and returned by produ~:tion executives that have fihned in the different cities. No economic multipliers were applied in the figtires supplied for Sail Diego and Phoenix. ATTACHMENT B SAN DIEGO MOTION PICTURE AND TELEVISION BUREAU ECONOMIC IMPACT REPORT SMut'ANNING~/ILMCOMM*CC 4 SAN DIEGO MOTION PICTURE AND TELEVISION BUREAU A Division of the Greater San Diego Chamber of Commerce Supported by the City of San Diego ECONOMIC IMPACT REPORT FISCAL YEAR JULY 1, 1990 THRU JUNE 30, 1991 Production Breakdown FEATURES Total Features ................................................. 6 Shooting Days ................................................ 62 Hotel Room Nights 428 Police Fees .............................................. $10,168 Local Crew &Talent -" .......................................... 350 Total Dollars ........................................... $1.945.000 TV MOVIES Total TV Movies ................................................ 5 Shooting Days ................................................ 68 Hotel Room Nights .......................................... 3,505 Police Fees ............................................... $5,008 Local Crew and Talent ......................................... 282 Total Dollars ................................ ' ........... $2.361.513 TV SERIES Total TV Series ...................................... · ...' ...... 25 Shooting Days 124 Hotel Room Nights .......................................... 1,995 Police Fees ............................................... $5,490 Local Crew and Talent ......................................... 951 Total Dollars ........................................... $2.050,600 COMMERCIALS Total Commercials ............................................. 37 Shooting Days ................................................ 91 Hotel Room Nights 1,249 Police Fees .............................................. $27,642 Local Crew and Talent ......................................... 69'1 Total Dollars ' ' ........................................... $1.737.800 DOCUMENTARIES Total Documentaries ............................................. 5 Shooting Days ................................................ 12 Hotel Room Nights ............................................ 18 Police Fees ............................................... $1,337 Local Crew and Talent .......................................... 35 Total Dollars ............................................. $72,500 INDUSTRIALS Total Industrial ............................................... 17 Shooting Days ................................................ 57 Hotel Room Nights ........................................... 278 Police Fees ............................................... $5,247 Local Crew and Talent ......................................... 247 Total Dollars .................................. - ........... $425.900 STILL PHOTOGRAPHY (Print and Catalog Advertising) Total Stills ................................................... 73 Shooting Days ............................................... 481 Hotel Room Nights .......................................... 6,057 Police Fees .............................................. $15,348 Local Crew and Talent ......................................... 540 Total Dollars ........................................... $2.149.592 STUDENT FILMS Total Productions ............................................... 2 Shooting Days . .. .............................................. 27 Local Crew and Talent ........................................... 0 Total Dollars .............................................. OTHERS (Music Videos. Educational etc.) . Total Productions .............................................. 23 Shooting Days ...................................... · ..........48 Hotel Room' Nights ........................................... 310 Police Fees ............................................... $1,372 Local Crew and Talent .......................................... 94 Total Dollars ............................................. $258.6,,t0 TOTAL FOR FISCAL YEAR 1989 · $11,006 267 00 ITEM NO. 15 TO: FROM: DATE: SUBJECT: APPROV CITY ATTORNEY \ ~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Plannin November 24, 1992 Resolution supporting the Western Riverside Council of Governments approach to Integrated Air Quality Implementation Program PREPARED BY: David W. Hogan, Associate Planner RECOMMENDATION: It is requested that the City Council: Adopt a resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO PARTICIPATE IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS INTEGRATED AIR QUALITY IMPLEMENTATION PROGRAM". BACKGROUND: The Clean Air Act requires that any area of the country which does not meet national ambient air quality standards be designated a nonattainment area for those pollutants. Nonattainment areas are required to prepare air quality management plans to improve regional air quality and meet the national ambient air quality standards. The City of Temecula is a located within the South Coast Air Basin. The South Coast Air Basin has been designated a nonattainment area for Ozone (03), Carbon Monoxide (CO), and Particulate Matter (PM~o). Because of the air basin's nonattainment status, the South Coast Air Quality Management District has prepared an Air Quality Management Plan (AQMP) to improve regional air quality.' Some of the measures in the AQMP require local governments and major employers to make changes to their traditional mode of operation to reduce the amount of vehicle trips and miles and associated air pollutants which are they are responsible for. A local government is presumed to be responsible for all air quality emissions generated by people who live, work or visit the community. DISCUSSION: The adoption of the AQMP created the need for both the public and private sectors to become involved in improving regional air quality. While the AQMP has created a number of measures and consistency requirements, the precise mechanism for local government reporting and involvement were left undefined. Since the adoption of the AQMP there has been a lot of discussion as to how local government measures and regional monitoring requirements should be done. In response to the AQMP, the Western Riverside Council of Governments (WRCOG) and it's member agencies have developed a sub-regional approach to air quality HOGAND~AQRESO.AR implementation programs. The WRCOG approach, which is gaining acceptance throughout the region, calls for the Cities and County to undertake a six-point air quality implementation process. The six points of the WRCOG sub-regional approach are as follows: Adopt a resolution supporting the sub-regional approach and WRCOG's air quality activities by December, 1992; Enact a transportation demand management ordinance to meet the. requirements of the Congestion Managemen~ Program and the AQMP by December, 1992; e Promote voluntary programs to meet air quality and congestion management goals; Agree to participate in the future development of specific subregional strategies and action plans; 5. Develop appropriate trip reduction programs for local employees; and, e Agree to maintain the reporting mechanisms to provide the appropriate information to WRCOG to document sub-regional implementation of air. quality measures. The attached resolution represen:ts the first point in WRCOG's sub-regional ai~ quality implementation program. The second point in the program, the transportation demand management ordinance, is currently being developed by the Public Works Department. The programs in the third-point are addressed in the .goals, policies and programs contained General Plan. The City has already instituted a trial program to test the fifth point in the City. An alternative work schedule to reduce work related trips for local government employees has showed positive results. CONCLUSION: The proposed Resolution is consistent with the Goals and Policies contained in the Draft General Plan. The Resolution is consistent with General Plan Goals 2 and 4, and supports the City's efforts to implement the air quality actions described in the Implementation Program of the Air Quality Element. Adoption of this resolution is not a project which could have an adverse impact on the environment as described in the California Environmental Quality Act and is exempt from environmental review. Therefore, staff recommends that the City Council adopt the attached Resolution entitled "A Resolution of the City Council of the City of Temecula to participate in the Western Riverside Council of Governments integrated Air Quality Implementation Program." FISCAL IMPACTS: None. ATTACHMENTS: 1. A Resolution Supporting the WRCOG Air Quality Implementation Program - Page 3 ATTACHMENT NO. 1 RESOLUTION ~ HOGAND~AQRESO.AR 3 ATTACHMENT NO. 1 RESOLITHON NO. 92- A RESOLUTION OF ~ CITY COUNCIL OF ~ CITY OF TEMECULA TO PARTICIPATE 'IN ~ WESTERN RIVERSIDE COUNCIL OF GOVERNMF~NT INTEGRAIT~D AIR QUALITY IMPLEM~NTATION PROGRAM WFwREAS, Riverside County Transportation Commission (RCTC) has been designated the Congestion Management Agency responsible for the preparation of the CMP for Riverside County; and WHEREAS, State and Federal transportation agencies require expeditious implementation of regional Air Quality Management Plan Transportation Control Measures (TCM's) as prescribed by law; and WtIEREAS, Wester Riverside Council of Governments (WRCOG) has been working with local governments within the WRCOG Region to develop a model Air Quality Implementation Program (AQIP) and TCM Action Plan; and WItEREAS, LoCal governments must promote or enact measures which meet air quality and congestion management objectives to preserve local autonomy and land use authority; and WHEREAS, Cooperative public/private programs designed to meet air quality and congestion management goals on a voluntary basis are preferable to federal, state and regionally mandated programs; and WItE~, It is beneficial and desirable for all agencies to work together in a cooperative and beneficial manner for' the public, in achieving unified transportation and air quality policies; and WltF-REAS, A commitment by Cities and the County to participate in development of specific subregional implementation strategies or action plans to meet CMP and AQMP objectives is 'critical to the interests of the WRCOG Region. NOW, ~RE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETER_MINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula agrees to promote public/private voluntary programs designed to meet regional air quality and congestion management objectives. Section 2. The City of Temecula commits to developing trip reduction program(s) for City employees. HOGAND'~QRE$O.AR 4 Seaion 3. The City of Temecula endorses the Subregional Air Quality Policies established in the WRCOG Air quality Implementation Program. Seaion 4. The City of Temecula commits to maintaining the appropriate reporting mechanisms needed to support future air quality conformity findings for the WRCOG Region. Seaion 5. The City of Temecuh commits t6 adOpting an appwpriate TDM ordinance which implements local government responsibilities under the provisions of the current State Implementation Plan for Air Quality by December, 1992. Seaion 6. 'The City of Temecuh agrees. to consider adoption of other air quality ordinances contained within the WRCOG Air Quality Implementation Program by December, 1992. Seaion 7. The City of Temecuh agrees to participate in the development of an integrated Air Quality Implementation Program and Transportation Control Measure Action Plan for the WRCOG Region. Seaion 8. The City Clerk of the City of Temecuh is hereby directed to transmit certified copies of this resolution to the Riverside County Transportation Commission and the Western Riverside Counc~ of Governments. Seaion 9. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPT~.D, this day 241h day of November, 1992. PATRICIA H. BIRDSALL MAYOR ATTEST: June S. Greek, City Clerk [SEAL] HOGAND~AQR~$O.AR 5 ITEM NO. 16 APPROVAT. CITY ATTORNEY FINANCE OFFICER CITY MANAGER- CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Councilmember Muf~oz DATE: November 24, 1992 SUBJECT: Discussion of Rent Stabilization Requests by Residents of Heritage Mobile Home Park RECOMMENDATION: Direct staff to explore the type of rent stabilization ordinance that would be in the best interest of mobile home residents of Temecula. DISCUSSION: Members of the Heritage Mobile Home Park have submitted petitions with over 100 names requesting that the Council explore and establish some form of rent stabilization program for the City. (Petitions have been submitted tO the City Clerk.) A couple of months ago, at the request of some residents of the Park, I went out to the Park and made a presentation to a group of approximately 50 residents on the highlights of the current County Ordinance 606.4 and other city rent control ordinances such as that of the City of Riverside. The majority of residents are currently under a five year lease, now entering the last year of that lease. The Park owners have offered a new five year lease to the residents with the incentive of foregoing any rent increases for the last year of the old lease if they sign the new lease before November 16, 1992. (Originally the deadline was November 6, 1992. I requested an extension of 30 days, but received only a 10 day extension to November 16, 1992.) Some residents feel pressured and uncertain of what to do. Some issues that I feel the Council should examine are: 1. What are the concerns that are making some Heritage residents insecure? 2. Can we mediate concerns between the owners and residents? 3. Do we need a rent stabilization ordinance for Temecula? ATTACHMENTS: Current lease Correspondence from Park owners to residents. Resident Reporter Ordinance of City of Escondido California Civil Code Provisions EXHIBIT "A" Re: ATTACHMENT "A" New Lona-term Lease August 17, 1988 As many of you are aware, I presented a draft of a new long-term lease during a meeting at the Park clubhouse on July 27, 1988. This new lease resulted from-discussions I had had with numerous Park residents. After our meeting of July 27, 1988, many residents requested that we finalize the new lease and make it available for signature to the Park residents. Accordingly, the final leaseis attached hereto for your consideration and execution if you choose to accept the lease. Both during and after our meeting of July 27, 1988, I received many comments and suggestions from Park residents. I have attempted to respond to most of these comments and suggestions in the final new lease. The changes to the draft lease are summarized below: --Terms of Lease: By far the most requested change was to make the lease term five years rather than four years. Given the generally positive acceptance of the draft lease at our meeting, I consulted with the Park Owner and we have agreed to extend the term of the lease to five (5) years. --Normal Droperty tax increases: We have changed the lease to provide that there would not be any additional rent adjustment for normal Park property tax increases which do not exceed two percent per year. --Uninsured losses: We have changed the lease to provide that any rent adjustments for uninsured losses would be prorated over a period of at least twelve months and would therefore not be payable in a lump sum. We have also provided a list of the types of insurance coverage which the Park currently maintains. --Increases on resale of mobilehomes: We have indicated again that there will'De no rent increases solely on the account of a sale of your mobilehome. We hope these changes are responsive to your concerns. The New Lease Packaae: Attached hereto is the new lease. On the back side of this letter is an instruction guide which tells you what you must do to execute the new lease and make it effective. This package contains the following: three identical copies of the 3- page Lease Summary (one for you the Homeowner, one for the Park Office and one for Vedder Park Management) and the Standard Terms and Conditions of the Lease, which is attached to the Homeowner copy of the Lease Summary. Please note that the Lease Summary contains your new space rent which will be effective December 1, 1988. If you have any guestions concerning the new lease, please contact your Park Manager. 00434 Director of Operations INSTRUCTION GUIDE FOR SIGNING NEW LEASE Your new lease package should contain the following documents: 3-page "Park Office" copy of Mobilehome Space Lease Summary; 3-page "Vedder Park Management" copy of Mobilehome=Space Lease Summary; 3-page "Homeowner" copy of Mobilehome Space Lease .Summary attached to a copy of the Standard Terms and Conditions which also contains Exhibits A through F. If your package is incomplete, please contact the Park Manager. Please note that we (the Park Owner) have already signed all three copies of the Lease Summary. If you wish to sign the new lease and make it effective for the five-year term from December 1, 1988 through November 30, 1993, you must do the following: Please fill in the information about your mobilehome in the space provided on page 1 of each copy of the 3-page Lease Summary. If your mailing address is different from your address at the Park space where you live, please fill out your mailing address on page 2 of each copy of the 3-page Lease Summary. Each Homeowner should sicn and date page 3 of all t.hree copies of the Lease Summary. After you have completed steps 1-3 above, please return to the Park Manager, the completed, signed and dated copies of the Lease Summary marked "Park Office" and Vedder Park Management." You should keep (as your copy of your lease) the Lease Summary marked "Homeowner" with the attached Standard Terms and Conditions and Exhibits A through F. IMPORTANT: Your lease will not become effective until you return to the Park Manager the completed, signed and dated Lease Summaries marked "Park Office" and "Vedder Park Management." 00434 Homeowner 00266 8/5/88 THIS IS A LEGALLY BINDING CONTRACT PLEASE READ IT CAREFULLY BEFORE SIGNING MOBILEHOME SPACE £EASE Notice This Lease will be exempt from any ordinance, resolution, rule, regulation, initiative measure or other governmental act of any local governmental entitV which establishes a maximum amount that a landlord may charge a tenant for rent (includin~ the rent a park owner may charge a park resident or homeowner). Lease Summary Mobilehome Park Heritage Mobile Home Estates Space No. Homeowner Mobilehome: Mfr. Serial No. State No. Lease Term 5 yrs. 0 mos. (Paragraph 2) Commencement Date December 1, 1988 (Paragraph 2) Expiration Date November 30, 1993 (Paragraph 2) Initial Monthly Rent (Paragraph 4) Annual Adjustment The annual percentage change in the Los Angeles/ Anaheim/Riverside Area Consumer Price Index--All Urban Consumers (CPI-U) for the twelve (12) month period ending in August of each year, plus one (1.0) percent. [For Example, if the oercentaqe change in the CPI-U was 4.0%, then the annual rent adjustment would be five (5) percent (4.0 + 1.0 z 5.0)]. Notwithstandin~ the foregoing, no annual rent adjustment shall be less than four (4) percent, nor greater than nine (9) percent. (Paragraph 5)° Increase Upon Sale or Assignment None (Paragraph 11) Security Deposit 100.00 (Paragraph 25) Addresses: Park Owner Heritaae Mobile Estates, Ltd. 31130 General KearneV Road Rancho California, CA 92390 Homeowner (Please fill in mailing address only if different from your Park address.) The Homeowner(s) named above ("Homeowner") agrees to lease the Space Number identified above (the "Space") at the Mobilehome Park described above (the "Park") from the owner named above (the "Park Owner") for a term beginning on the Commencement Date.and ending on the Expiration Date. Homeowner agrees to pay the rent and other charges described by this Lease (the "Lease"), to perform the other obligations stated in the Lease; and to obey the Rules and Regulations of the Park (the "Rules") and all applicable laws and regulations. This Lease consists of this Lease Summary, the attached Standard Terms and Conditions, and the following Exhibits: Rules and Regulations of the Park. California Mobilehome Residency Law Park Facilities and Services Assignment and Assumption Agreement Estoppel Certificate Land Use Information about the Park If this Summary and its addenda, if any, are in any way inconsistent with the Standard Terms and Conditions, the former shall control. Dated /~".~ /-~ , 19 ~ ~' Homeowner Park Owner Addendum: ParaOraoh 6(a) is amended to exclude any real property tax increases not exceeding two (2) percent per year. Paragraph 6(c) is deleted. Paragraph 6(d) is amended to provide that any pass-throughs for uninsured losses shall be amortized over a period of not less than twelve (12) months. The Park currently maintains the following policies of insurance: package property and liability; excess liability; park vehicle; earthquake and flood; boiler and machinery; group health (Park Managers); and workers compensation. The Park Owner agrees that, during the Term of'this Lease, the Park shall maintain such policies of insurance as are standard and customary in the California mobilehome park ownership business. ParaqraDh 6(e) is amended to read as follows: "Increases in Park Owner's operating expenses, to the extent that those expenses exceed the corresponding change in the CPI-U, plus one (1) percent, for any 12 month period ending 3 months before the anniversary date for annual automatic rent adjustments." Paraqraph 6: The last paragraph of Paragraph 6 is amended to provide that all amortized costs hereunder shall be deleted from the rent statement at the end of the appropriate amortization period. Paragraph ll(b) is deleted. There will be no rent adjustments upon the sale of Homeowners' mobilehome during the Term of this Lease. Exhibit A (Rules and Regulations of the Park): By executing this Lease, Homeowner acknowledges prior receipt of the Park's Rules and Regulations and all amendments thereto. Exhibit B (California Mobilehome Residency Law): By executing this Lease, Homeowner acknowledges prior receipt of the current version of the California Mobilehome Residency Law. 8/5/8S STANDARD TERMS AND CONDITIONS CONTENTS Page 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Term.......................................... Rent ' Initial Mon Ren~ .......................... Annual Adjustment ............................. Pass-Throughs ................................. Utilities ..................................... Abandonment ................................... Park Owner's Right of Entry ................... Attorneys' Fees, Court Costs .................. Sale of Homeowner!s Mobilehome ................ Subletting .................................... Removal of Mobilehome-Cancellation of Lease... Waiver ...................... .................. Holding Over .................................. Homeowners-Park Meetings ...................... Park Owner's Rights ........................... Estoppel Certificates ......................... Time .......................................... Acknowledgements .............................. Mobilehome Residency Law ...................... Severability .................................. Force Majeure ................................. Right to Performance .......................... Security Deposit .............................. Notices ....................................... 5 5 6 6 6 7 8 9 9 9 9 l0 11 ll ll 12 12 13 13 13 14 14 14 15 15 16 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Rules and Regulations of the Park California Mobilehome Residency Law Park Facilities and Services Assignment and Assumption Agreement Estoppel Certificate Land Use Information about the Park I. Space Park Owner le~ses She Space identified in the Lease Summary. (=he 'Summary") to Homeowner, for the term of ~his Lease, and s. ubjec% to its conditions, for placement of Homeowner's mobilehome, identified on =he Summary (the 'Mobilehome"), and residential use by Homeown.er and Homeowner's immediate family or such other person(s) as may be authorized by law. Homeowner agrees to sa=isfy the reasonable landscape and maintenance requirements of the Rules. Park Owner agrees to maintain the Park's physical imp. rovements and common facili=ies in good working order and condition. Park Owner also agrees to provide the physical improvements and/or services listed upon attached Exhibit C. Homeowner may replace ~he Mobilehome with another mobilehome, if (i) the other mobilehome complies wish the Rules and (ii) Homeowner notifies the Park Owner of i~s identification number. Should Homeowner make use of the Park's.addi=ional services, Homeowner agrees to pay the ~harges and periodic increases fixed by the Park Owner for-those services, such as s~orage of recreational vehicles, a second automobile, or a bo'a=~ and use of any special pe= facilities. 2. Term This Lease shall be for the ~erm s=ated on the Summary (the "Term"), beginning on the Co~encement Date, and ending on the Expira=ion Da=e. The Lease may be termina=ed before the 5 Expiration Date in the manner described by paragraph 13, below, or as provided by law. 3. Ren~ Homeowner agrees to pay Park Owner, as rent, the Initial Monthly Rent stated in .the Summary, .plUs the Annual Adjustment described by paragraph 5, and any pass-Throughs imposed under paragraph 6. Rent shall be paid monthly in advance, on the 1st day of each month. If rent is not paid in full by the 5th day of each month, or Homeowner's check is returned unpaid, Homeowner shall pay the late charge specified by the Rules, as amended from time to time. Park Owner reserves its right to pursue other remedies, .including, among others, eviction in the manner provided 'by law. Homeowner understands that this lease is, by state law, exempt from any local ordinance, regulation, initiative or other measure restricting rents for mobilehome spaces. 4. Initial Monthly Rent For the twelve month period beginning on the Commencement Date, Homeowner shall pay the Initial Monthly Rent specified by the Summary,-plus any Pass-Throughs allowed under paragraph 6. 5. Annual Adjustment Monthly rent for the Space shall be increased 'annually, on December 1 of each calendar year, by the amount stated in the Summary. 6. Pass'Throughs Homeowner agrees to pay, as ten=, i=s propor=icnal share of the following: (a) Increases in =axes and o=her charges, fees and assessments of all'kinds (other th~ federal end California income taxes) paid to any public agency by the Park or P~rk Owner. (b) Costs of any new or addi=ional services tha= the Park may be required to provide to residents by any state, federalor local law or regulation. (These costs include payments to private contractors for those required services.) (c) Costs of capi=al improvemen=s and replacements- These costs include all expenditures tha= the Park Owner t=eats as capital items,-rather than deductible business expenses for income =ax purposes; plus costs of finencing those improvemen=s and replacements- (If the Park Owner advences funds for improvements and replacements, the Park Owner shall be entitled ~o interest upon those funds at a commercially reasonable rate.) Expenditures.for capital improvements end replacemen=s shall be passed through on a propor~ionaI basis as described below. (d) Uninsured losses for damage to or destruc=ion of proper%y or injury ~o persons. (Pass-Throughs for uninsured losses may, at Park Owner's option, be passed ~hrough 7 in a single lump sum, or be amortized .over a period of not more than 12 months.) (e) Increases in Park Owner's operating expenses, to the extent that those expenses exceed the corresponding change in the CPI-U for any 12 month period ending 3 months before the anniversary date for Annual automatic Rent Adjustments. Unless otherwise noted above, pass-throughs for subparagraphs (a), (b), (d) and (e) above shall be amortized over a twelve (12) month period. Pass-throughs for subparagraph (c) above shall be amortized over the lessor of (i) five (5) years or (ii) such period as is allowed by the Internal Revenue Code or regulations thereunder, and (iii) separately stated as rent on bills to Homeowner. (Pass-Throughs.are excluded from the monthly rent figure used to calculate Annual Adjustments under paragraph 5.) The Park Owner agrees to give Homeowner 60 days' notice of all Pass-Throughs. Such notice may be given at any time, and Pass- Throughs may or may not coincide with the Annual Adjustments. 7. Utilities Homeowner agrees to pay, in addition to the rent, all utilities that are or may be separately metered to the Space including, among others, gas, electricity, water, sewage and trash collection. If other utility service should be separately metered during the term of this Lease, Park Owner agrees to give Homeowner 30 days' written notice. After any utilities are submetered, Homeowner's monthly rent shall be reduced by the allocable monthly 8 cost Of submetered utilities, as reasonably determined by the Park Owner · 8 - Abandonment If Homeowner vacates, abandons, or surrenders the Space during the Term, Park Owner 'may treat Homeowner's coach and other personal property as abandoned proper*-y, ~nd dispose of i= in the manner permitted by law. 9- Park Owner's Right of Entry The Park Owner's agents and employees may enter ~,he Space at any reasonable time for the purpose of inspection, maintenance of utilities, maintenance of the Space when Homeowner fails to do so in accordance with the Rules, or in order to post notices- The Park Owner's agents and employees may also enter the Space and Homeowner's mobilehome at any time in case of emergency or abandonment · 10. Attorneys' Fees, Court Costs If either party takes legal action under =his Lease, the prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs from the other party, in addition to its damages- 11. Sale of Homeowner ' s Mobilehome (a) Homeowner may sell the Mobilehome in place in accordance with the provisions of the California Mobilehome Residency Law. In connection with such a sale, Homeowner may assign its rights and interests in this Lease to the buyer of the Mobilehome 9 (=he "Buyer"), if ~he Park Owner firs=: (i) Approves Buyer's financial responsibi!i=y~ (ii) Determines ~ha= Buyer will comply with the Rules~ and (iii) Buyer agrees in.wri=in~ to assume all of Homeowner's obligations under this Lease by signing an agreement in substantially ~he form at=ached as ELhibit D. Homeowner shall remain fully liable under this Lease until all three of the preceding conditions are satisfied. Assignment of Homeowner's rights in accordance wi~h this paragraph 11 does not extend ~he Term, (b) Upon the-first such sale during the term of this Lease, ~he monthly rent payable under paragraph 3, above, shall increase in the amount specified by the Summary for increases upon sale or assignment- Upon any subsequent sale during the term of this Lease, Owner shall have the right to increase the monthly rent to a market rate, as determined by Owner in its reasonable judgment- 12. Subletting Homeowner may not sublet the Space, or assign this Lease, (except in accordance with the preceding paragraph 11 upon sale of ~he Mobilehome) without the Park Owner's prior written consent, which the Park Owner may withhold in its sole discre=ion- 10 13- Removal of Mobilehome - Cance!la=!on cf Lease If Homeowner removes theMobilehome from ~he Park, either party may cancel the lease by giving ~he other party 60 days' written no=ice. 14. Waiver If Homeowner violates any term of ~his Lease, or of the Rules, and the Park Owner fails to exercise any of its rights under ~his Lease or applicable laws, Park Owner's failure shall not waive or otherwise excuse that violation, or any other violation- For example, acceptance of a rent payment after i= is due shall no~ excuse that late payment, waive any of Park Owner's rights, or' justify any other viola=ion of the Lease or Rules. 15. Holding Over If Homeowner, with the Park Owner's consent, remains in possession of ~he Space after expiration of the Term, Homeowner shall be a month-to-month tenan~ Monthly rent shall be the monthly rental (including all adjustments and pass-~hroughs) for the las~ mon~_h of the Term~ and may be increased upon 60 days' notice in accordance with the California Mobilehome Residency Law- Limitations upon rent increases contained in this~ Lease do not apply to month-to-month tenancy- 11 16. Homeowners - Park Mee~inus Homeowners at the Park periodically elec: a Committee of Homeowners for the purpose of meeting with ~he Park management to discuss questions of mutual concern and interest concerning the Park, its facilities, and operations- M&etings are requested from ~ime to time by the committee or the Park management. Representatives of the Park's management shall meet with the Committee within a reasonable time af%er receiving a request for a meeting- Park Owner's Rights (a) The Park Owner reserves the righ% to borrow money upon the Park. The Park Owner may, among o~her things, refinance, place liens upon, encumber, mortgage or convey by deed of trust the Park or a portion of it. (b) P~k Owner also reserves the right to sell the Park, and in connection with any sale, Homeowner shall sign whatever documents that Park Owner or the buyer of the Park may reasonably require to confirm the terms of this Lease. Park Owner has the right to assign all of its rights under this Lease to a buyer of the Park. · (c) In the circumstances described by ~he preceding subparagraphs, Homeowner agrees to sign: (i) whatever agreements that Park Owner or its lenders may reasonably require to subordinate 12 Homeowner's rights under =his Lease ,,o --heAr righzs; and (ii) a sta,,emen= in subs=an=ia!ly ,,he form attached as Exhibi,, E, confirming the effectiveness of this Lease (an "Es=oppel Ce~,i~ica=e")- (Any purchaser of the Park, and any lender shall be en,,i=led ,,o rely upon such a 18. Es,,o_mpel Certifica,,e Homeowner shall a= any --ime, upon request, sign and deliver ,,o Park Owner a written s=aUemen= (an "Estoppel Certificate") in substan,,ially the form at=ached as Exhibi,, E- Failure ,,o sign and re=urn an Estoppel Cer=ifica,,e within 30 days after Park Owner's reques-- shall waive any claims or other matters =ha,, Homeowner m~gh= otherwise have asserted. 19. Time Time is of the essence of this Lease. S~rict compliance with all time, limits is therefore required- 20. Acknowled_~nents Homeowner acknowledges that: (a) Park Owner has given Homeowner wri,,=en no=ice of land use information on at=ached Exhibit F, of the Park's zoning, the ,,erm of any conditional use permit issued =o the Park for its opera--ion, and the ,,erm of any ground lease. 13 (b) Homeowner has receieed, read and underszood a complete copy of the Rules (which are at=ached as Exhibit A.) Homeowner understands =ha= viola=ions cf =he Rules are violations of the Lease. (c) This Lease contains the ~n=ire agreement be=wean Homeowner and Park Owner, and supersedes all prior negotiation, agreements and understandings, whether wri~=en or oral. (The parties may amend this Lease by writ=an agreement-) (d) Homeowner has read and understood each and every paragraph of this Lease- 21. Mobilehome Residency Law This Lease is subject to the terms of ~he California Mobilehome Residenc~ Law, as it may be amended from ~me to time. A copy of 'the Mobilehome Residency Law is at=ached as Exhibit B. 22. Severability If any term or ~rovision of ~his Lease is invalid, or par%ially invalid, such invalidity shall no~ affect the validity of any other term or provision of this Lease- 23. Force Majeure Park Owner shall have no responsibility or liability to Homeowner arising from any fire, earthquake, explosion, inclemen~ weather, acts of God or the. public enemy, civil disorder, vandalism, nuclear accident, chemical or other contamination, 14 criminal or other malicious misconduct, labor disputes, governmental act or regulation, shortage of. fuel or materials, or other circumstances beyond the reasonable control of Park Owner. 24. Right to Performance Homeowner shall perform its obligations under this Lease at its own expense- If Homeowner fails to pay any sum required by this Lease, or fails to perform any of its other obligations, and any such failure continues for 10 days after notice (except in cases of emergency, when no notice shall be required) Park Owner may correct the failure and charge Homeowner with all associated costs- Those costs shall bear interest at the maximum lawful rate of interest from the date of payment by Park Owner, and shall be payable upon demand. Homeowner agrees to pay all such sums and interest as additional rent- Park 0wner's remedies under this Lease are cumulative, and ezerci~e of Park Owner's rights under this paragraph shall not relieve Homeowner of any obligation, or waive any right or claim that Park Owner may otherwise have- 251 Security Deposit Homeowner has paid to Park Owner the Security Deposit stated on the Summary, as security for Homeowner's performance- The Security Deposit is neither an advance payment of rent, nor an agreed measure of damages if Homeowner defaults- If Homeowner fails to' perform any obliganion under this Lease, Park Owner may 15 (without prejudice to any other remedy) use the Security Deposit to the extent necessary to pay any unpaid 'rent or other sums, or cure any other breach of this Lease. Thereafter, Homeowner shall, upon demand, pay to Park Owner all amounts necessary to restore the Security Deposit to its original ~mount. Following termination or expiration of this Lease, Park Owner shall return any remaining balance to Homeowner, after first determining whether and to what extent Homeowner has fulfilled its obligations, and making all appropriate deductions from the Security Deposit. Unless required by applicable law, Park Owner · shall have no obligation to maintain the Security Deposit in any separate account, or to pay or accrue interest thereon- 26. Notices All notices and demands that may be given shall be sufficient if given in writing .and either actually delivered to the other par~y at the Park office or the Mobilehome, as appropriate, or if mailed, certified or registered, postage prepaid, and addressed to the parities at their respective addresses stated in the Summary, or such o~her addresses as either par~y may from time to time designate in a not_ice'to the other party- 16 Exhibi~ ~ Park Rules and Regula=ions. of the Park Homeowner acknowledges prior receip= of the Park's Rules and Regulations and all amenamen=s thereto. Exhibit B California Mobilehome Residency Law Homeowner acknowledges prior receipt of the current version of the California Mobilehome Residency Law. Exhibit C FACILITIES & SERVICES 1. During the Term of this Lease, the .Park Owner shall provide the following facilities: clubhouse, swimming pool, spa, shuffleboard court, paved streets, street lighting and parking. areas, landscaping of common areas, and other facilities presently in use. 2. During the Term of this Lease, the Park Owner shall provide the following services without any charge (other than the normal rent, annual adjustments and pass-throughs): maintenance of the facilities listed above, water and trash pick-up. 3. During the Term of this Lease, Park Owner agrees to rent the following facilities to ~omeowner, for the monthly charges indicated: Service Initial Fee Initials Storage of (check as appropriate) Car to be parked $ 15.75 in storage Boat $ 15.75 Recreational Vehicle $ 15.75 Pet Facilities $ None These monthly charges may be increased annually by the'same percentage as the Annual Adjustments in paragraph 5. 4. The Pa:k 0wne: reserves the righ= =o change any of foregoing seTvices or facili=ies (including =he righ= ~o ~iscon=inue any service or close'or remove any facili=y) in accordance wi~h ~he rules and ~he Mobkl&hOme Residency Law. EX_=IB IT D ASSIGNMENT AND ASSUMPTION ~obi!ehome Park: Homeowner(s): Buyer(s): Space No: Lease Commencement Date: , 19 Lease Expiration Date: , 19 Current Monthly Rent: The Homeowner(s) named above have agreed to sell their · mobilehome to the Buyer(s) named above. Homeowner(s) therefore assign all of their rights, title and interest under the Lease identified above to Buyer(s). Buyer(s) intending to be legally bound, agree to assume and perform each and every obligation of the Lease, as though ~hey were the original signatories to the Lease. Buyer(s) acknowledge that ~he Lease consists of a Summary, Standard Terms and Conditions, and various Exhibits, including, among others, the Rules and Regulations of the Mobilehome Park named' above (the "Rules"), and. the California Mobilehome Residency Law. Buyer(s) also acknowledge that they have read and understood all provisions of.the Lease, including the Rules. Approved: Homeowner(s) Authorized Represenna=ive Buyer(s) Mobilehome Park: Homeowner: Lease Date: EXHIBIT E ESTOPPEL CZRTI[ICATE SpaCe No.: The undersigned Homeowner(s) hereby certify to the owners of the Mobilehome Park named above ("Park Owner"), and/or any buyer or lender who may receive =his Certificate that: 1. H0meowner's Lease is in full force and effect. 2. At this time, to the best of Homeowner's knowledge and belief, neither Homeowner nor Park Owner has violated the Lease. 3. .At this time, Homeowner has not.paid any rent more than months in advance of the due date. 4. At this time, to the best of Homeowner's knowledge and belief, Homeowner has no claim under the Lease or otherwise, for any reduction in rent for any reason. Dated: , 19 NOTICE OF APPLICABLE ZONING, CONDITIONAL USE PERMIT AND LEASE STATUS Section 798.27 of the California Mobilehome Residency Law, requires ~hat residents and prospectiv~ residents be notified of: 1) the nature of the zoning under which the park operates; 2) the date of expiration of the conditional use permit under which the park operates; and 3) the duration of any lease of the mobilehome park in which the management is the lessee. Pursuant to these requirements, notice is hereby given that HERITAGE MOBILE HOME ESTATES 31130 GENERAL KEARNEY ROA~, RANCHO CALIFORNIA, CALIFORNIA is operated pursuant to CU %1090 conditional use permit is due to expire on · This NO EXPIRATION DATE · The mobilehome park property is currently zoned RR There is no lease of the mobilehome park 'in which the management is the lessee· If any change in ~he status of the above-described zoning or conditional use permit occurs, residents will be notified within thirty (30) days. EXHIBIT "F" EXHIBIT "B" HERITAGE mobile home estates ...... _.,~m. _ 31730 Generlt Keamey Road Temecula. C/litomia 92591 (714) 676-5113 Re: ATTACHMENT "B" September 21, 1992 Recreational Vehic'le Storage Area Dear Resident: The monthly charge for renting a space in the Park's recreational vehicle storage area will be adjusted to $16.00, effective December 1, 1992. Very truly yours, ~l~am C. Sch~ D~rector of 09era~ons moOlie home esm[es 31130 General Keamey Road Temecula, Calom~a 92591 (7141 6T6-5113 Re: September 21, 1992 December 1992 Rent, Adjustments; Offer of Amendment to Park Lease Dear Resident: As you are aware, virtually all residents are parties to the Park's long-term Lease which is scheduled to expire on November 30, 1993. Under the Lease, annual rent adjustments are based on the relevant change in the Consumer Price Index ("CPI") plus 1.0 percent. This year the relevant change in the CPI was 3.7%. Accordingly, the rent adjustment will be 4.7% (3.7% plus 1.0% equals 4.7%). Therefore, pursuant to the Mobilehome Residency Law, this letter will serve as your sixty days written notice that your monthly rent for space number will be adjusted by 4.7% to $ , effective December 1, 1992. For a variety of factDrs, including the fact that the Park is very well maintained and well managed both at the Park and off- site, we are in a unique position this year to offer you an Amendment to your current Lease which will provide as follows: 1. The Amendment will extend the term of your Lease from November 30, 1993 for an additional five (5) years to November '30, 1998. 2. Other than extending the term of the Lease, all other Lease provisions will remain in effect, except for the following: Your current Lease provides for a minimum annual rent adjustment of four (4) percent. Under the Lease Amendment, we are lowering'the minimum annual adjustment to three (3) percent. Under the Lease Amendment, if you decide to sell your mobilehome in place in the Park, you will be required to provide the Park with at least ten business days advance written notice of the fact that you'are going to offer your mobilehome for sale and the proposed sale price. 3. The very good news is that if you decide to accept the Lease Amendment we will agree to waive the annual 4.7% rent adjustment effective in December 1992 and your monthly rent will remain at its current rate effective in December 1992. WRITTEN ACKNOWLEDGEMENT OF RIGHT OF INSPECTION AND RIGHT OF CANCELLATION HERITAGE MOBILE HOME ESTATES Section 798.17 of the California Mobilehome Residency Law requires the homeowner or prospective homeowner to provide the management of the mobilehome park ~ith written acknowledgement of the right to inspect, for no less than 30 days, any rental or lease agreement having a term in excess of 12 months. This Section further requires the homeowner or prospecti-ve homeowner to provide management with written acknowledgement of the right to cancel such agreement within 72 hours after execution by notifying the management in writing. Accordingly, you hereby acknowledge the following rights: 1. THE PERSON(S) ORIGINALLY EXECUTING A RENTAL OR LEASE AGREEMENT HAVING A TERM IN EXCESS OF 12 MONTHS (NOT ASSIGNEES) SHALL HAVE AT LEAST 30 DAYS TO INSPECT IT; YOU MAY ACCEPT THIS AGREEMENT WITHIN SUCH 30-DAY PERIOD IF YOU WISH. 2. ADDITIONALLY, THE PERSON(S) ORIGINALLY EXECUTING A RENTAL OR LEASE AGREEMENT HAVING A TERM IN EXCESS OF 12 MONTHS (NOT ASSIGNEES) MAY CANCEL AND ANNUL'SUCH AGREEMENT WITHIN 72 HOURS AFTER EXECUTING IT, BY NOTIFYING MANAGEMENT IN WRITING. In light of these requirements, you also acknowledge the requirements of the Mobilehome Residency Law providing that approval of tenancy can be withheld if the prospective homeowner refuses the rental or lease agreement or fails to have agreed to the terms of a rental or lease agreement. Please see Civil Code Section 798.75. Accordingly, you agree that your escrow for the purchase of the mobilehome, or your completion of the purchase of the mobilehome (if no escrow is to be used), shall not take place for a period of at least 72 hours after the execution of the rental or lease agreement by you and the other members of your household. I/WE HAVE READ, UNDERSTOOD, AND HEREBY ACKNOWLEDGE THE FOREGOING DISCLOSURES AND REQUIREMENTS. Date: Date: Date: 01003 Prospective or Actual Homeowner Prospective or Actual Homeowner Prospective or Actual Homeowner Page 3 In summary, the annual rent adjustment in December'1992 will be 4.7% and the separate rental charge of $2.39/month will be adjusted to $2.96/month because of increased CSD assessments. The Park is offering a Lease Amendment which generally extends the term of your current Lease from November 30, 1993 to November 30, 1998. If you accept the Lease Amendment,-the Park will waive the December 1992 annual rent adjustment of 4.7%. Very truly yours, Director of Operations PARK OFFICE COPY Heritage Lease Amendment Space No. Dec. 1992 Rent THIS IS A LEGALLY BINDING DOCUMENT PLEASE READ IT CAREFULLY ,BEFORE SIGNING MOBILEHOME PARK LEASE AMENDMENT NOTICE THIS LEASE TO WHICH THIS AMENDMENT APPLIES WILL BE EXEMPT FROM ANY ORDINANCE, RESOLUTION, RULE, REGULATION, INITIATIVE MEASURE OR OTHER GOVERNMENTAL ACT OF ANY LOCAL GOVERNMENTAL ENTITY WHICH ESTABLISHES A MAXIMUM AMOUNT THAT A LANDLORD MAY CHARGE A TENANT FOR RENT (INCLUDING THE RENT A PARK OWNER MAY CHARGE A PARK RESIDENT OR HOMEOWNER). This Mobilehome Park Lease Amendment amends that certain Lease between Heritage Mobile Home Estates ("Park Owner") and Homeowner(s) (with a Commencement Date of December 1, 1988 and original Expiration Date of November 30, 1993) by amending the Paragraphs of said Lease in the following respects: LEASE SUMMARY, page 1, Expiration Date, is amended to read as follows: "Expiration Date November 30, 1998 (Paragraph 2)" LEASE SUMMARY, page 1, Annual Adjustment, is amended to read as follows: "Annual Adjustment The annual percentage change in the Los Angeles/Anaheim/Riverside Area Consumer Price Index --All Urban Consumers (CPI-U) for the twelve (12) month period ending in August of each year, plus one (1.0) percent. [For Example, if the percentage change in the CPI-U was 4.0%, then the annual rent adjustment would De five (5) percent (4.0 + 1.0)]. Notwithstanding the foregoing, no annual rent adjustment shall be less than three (3) percenz, nor greater than nine (9) percent. (Paragraph 5)" -1- STANDARD TERMS AND CONDITIONS, pp. 9-10, Sale of Homeowner's Mobilehome is amended by adding the following subparagraph (c) at the end of Paragraph 11: "(c) At least ten (10) business days prior to the time Homeowner offers Homeowner's mobilehome for sale to any third party, Homeowner shall notify the Park Owner in writing of the fact that Homeowner will offer Homeowner's mobilehome for sale and the proposed sales price for Homeowner's moSilehome." ALL OTHER TERMS AND CONDITIONS OF YOUR LEASE REMAIN IN EFFECT. Dated: , 1992. Homeowner (s) Heritage Mobile Home Estates Park Owner By William C. Director of Operations 01003 -2- EXHIBIT "C" Resident Reporter Practical Information for Mobilehome Park Residents July 1992- Vol. IX, No. 4 Mobilehome inspectio,,e -- are you ready? The mobilehome park inspection program, which became effective in 1991, has been In full swIng for many months. This program requires all mob.flehgmes and mobilehome parks in California to be inspected and brought into compliance with California laws and regulations withAn five years. The inspections are done either by a local enforcement agency or the state Department of HousIng and Community Development (HCD). Many mobilehome park residents have already gone through this process. For those mobilehome owners who have not, HOD has a booklet available that explains how to prepare for them. The following are some excerpts from that booklet, called "Mobilehome Park Inspection - Resident Information Booklet." This information applies to mobilehomes inspected by local agencies as well. Notice of planned h, mpection -- Prior to an inspection, a notice of planned inspection will be posted In a conspicuous location on each mobilehome lot. The inspection will then be conducted within 60 days of the date posted on the notice. At this time, mobilehome residents may be given a copy of the resident information booklet. Interior tnapeCtAOraa -- Under normal circumstances, an inspector,will not enter your home during an inspection. He will request it only if he suspects a problem. Ye6 have a right to deny entry into your home, but the inspector may seek a search warrant if he deems It necessary. Preparing for ~,,epection -- Before your mobilehome is inspected, you should take the following steps: 1. Display current registration on the exterior of your home. 2. Fix all leaky plumbing. 3. Fix damaged awning structures. 4. Remove unapproved electrical wiring. 5. Remove all debris, rubbish and combustible material stored around or under your home. 6. Review the booklet for other commonly found violations. Notice of violation -- If an inspector discovers a violation on your lot .requiring correction, you will receive a notice of violation. You will then have 30 days to correct most violations, five days if it poses an imminent health and safety hazard. The agency will reinspect to verify compliance. Inspector identification -- HCD inspectors will be wearing blue vests bearing the Department logo. They will also carry identification cards: you may request to see their identification when they enter your mobilehome lot. Legalactions -- Legal action can be undertaken ff there is a failure to comply with a notice of violation. The benefits of long-term leases ,,, The advantages of long-term leases are many. Long-term leases 'that are well-written create stability for both the mobilehome owner and the park owner.. The long-term lease usually includes certain standard features discussed below. ,,' Assumption- Leases should allow the mobilehome owner to sell his or her lease along with the (continued on next page ) Published by Weslern Mobilehome Association · 1760 Creekside Oaks Drive. Suite 200 · Satramenlo. CA 95833 I N D U S T R Y N Mobilehome park residents fight GSMOL by Edward C. McDonald. Jr.. Esq. tulicltlf... eveill ()L'ctlrrc(J ill flit.' AJul)/--a gritup ed' rcsitlcllls I'r,l)l a m~'~hilell~mle park induNIr). · ~eni,r nlohilchemlc park filed .~uil again~l Ihe (}~dden Slalc M~hili,,nc I~'1~.~ G~MOI. ,~1. 'llr I~j(~lll~' hlw- ;NIc'IIII~I h~ hlli,lkl;tlt. Iht':ll jlllc~ ('~lG;,hl C',vL. M~d~ilt'll~,lK. ()wlK'r~ hx';d (;~M()I. droplet. The rc~idcnl ~r;}t;p c'c)ll~i~l~ ~)f'~5 adtlll rc~ide,l~ -r(';~r:ad, C~wc. h~,lcd i, I hill' ~vcr a (jSM()L Ic~i~h, ivc a~cml,. 'l'hi~ a~cud, i,c'ludc~ passaic s}r and rcfll c{,llH~l m'tJjllmlcc~. The dispute ~Ban duri,~ ,c~tiati~m~ r~r a I-,~-Icrm Ica~c al Ihc park. Al- llingual1 :llt~l f'csjdenl~ were ~alisl'icd with the Jcase. the h~cal GSMOL mp~selila- lives tried to quash these ncBolialio,s. ~e lawsuit alleBes that GSMOL. wilh the CaBada Cove Mobilehint Owne~ A~s~ialiml. upset Ihe lease I~;olialion~ h)' pursuinF Ihc foliowine aBenda. Over the ehi~li{,!~ ~r m~l park ~sidenl~ a,d ~c park owner. GS MOL breed a c,nver- ~;~m ~rdi,ancc Ihr{~,8h I1~ Hair Bay Cil~ Cramell. GSMOL next pro~sed rent conlrtd br the ~rk. GSMOL t~n us~ ~a~ taclics I~ hn~w~al p~trk rc~idcnl~ i,I, Rtlp~rl- i,~ rcm t'cmlr~d. '11~ fc~ic~ll ~r,up d;:im~ ihal ( ;SM( )1. afKI Ihc {~lhcr dcl~mlam~ jfllcilli~mallv sti~d up mmmNl~ i, lie ~. '11~ lieve GSMOL u~d rear a;~ imimi~lkm ro~ park ~si~nls I, ~1 tl~ ~a~ Ihal I~ ~ c~wf~r c~ffe~l. lawsuit al~Bes h~l GSMOL lives spread fal~ m:~ a~t I~ iml~tct a~ le8alif~ or Ihe p~ IcmJ-lem~ ka~. AI~. a ~nl ~d Iu ~ a n~n~r in B~ stabinS with GSMOL to ~nici- pall: ill hell,t.',wlicrN' aNNeK'ialiial i'ql.V,i- IIC~N Ihal al'l~'L'lt'd Ihc illlcl'e~l~ (tl' pilrk Iea~c i~ia, clTt'clivcly wa~ hh~'kcd. (;S M( )i. and lhc p;~rk I,a,e~wne~' asse~- ci,lil,~ Iried I~t I~rt'c a rt'~H t'emlr, I ¢~rdi- ilalK-e. hi i'c~l~tll~e I¢~ !he ~ll'ltllg-arlllcd laCljL'~ ~tl' GSM()[.. a ~r¢!tlp ¢t[ cmK'emed park rc~idc,l~ hallded Ict~elhcr I, pro,era a emilied ,itlNtNili,, v,it't.. The). ~ht. ie t'lh,l~ wet,hi tNd~lt.r Ihe h,gc. hill ~jlt'lll. pllttllt ,1' i~llk It'NjtlCIIIN Wlle~ were I~N~ jmimidaled h~ reNlNmd I, (i~M()I.. ~l~.~lljl. A!tltill.elll Jy' Ihe illel e rlllllltr mq~'mlinp h~wN, il led h~ (;~M()1. II;IIIL'L'. fibril'try IlXthilt'iH,l~ i~ll'k livi,~. i, I1~ INlt- CC~. il ha~ di~nqtlt. d IlK. liven ,[ many ('a~ada C~tvc ~v~ide,l~ arid ,ut¢~ C'¢tvc UHalll~tcljve lit Ixtlc;tlial nN~bileiNetle htlycf~. ltci~lc ~ty~. / and hllilllidali~m has c~alcd a 'war xone' wilhin Ihe park." Aay~ Bei~le. "~:e almm E W c ~phere hart lieell lelL.¢c. Sctllle h..'ai rc-*llhlr~ have decided e:tt~ Io lake a,y new li~li,~ ill Ihc park ullljl Rcigle helieve~ Ihal "GSM()L, Ihl'tttlgh its h~'al rcp~sclllillivc~. i~ Ir)'illg ,t inlimidale residem~ {tf CaFmda C,ve inl(~ su~tning I~ir agc,da a[ lhe park. 'il~is uge,da d~s nol serve Ihe ~,1 inler- esl5 {tr our residenls. wlmm GSMOL t'lamt~ I, ~p~enl." IIt. i~lt.'~ Nlalt'lllelll t. alHiHt.~ Ihe t'~- NUIK'C ~tl' Ihc re~i(iclll~' hiw~ilil--whelhcr (i~M()I. aclually rcltrc~cm~ Ihe ~1 ilt- lere~l~ ,[ Iht. ml~jl~rily it[ mld~ileh~mte I~WlIUI'N Itr whelhcr il iN mtlhi,g Himt. Ihall , mim~rily ~!~.cial imcm~l gr(mp lhal ha~ (xlllive(I il~ pu~tNe. ~1, 'm'~l Me (llhlrll(.t. it'llll Lf I 'lerrtllll~. the' ~ 'h(l~rlllllll ~' ,,d,,' J~,' W~A .f~minur3. I!i.~ I,'m't Cm't rt. fid~,l Rrmtp in it.~ ~,'time ~X~i,.,t (;.~MOL. I1~ rm~ ht r~urle,i ,~l ~ht ~,. ()~r~.f ~( E~i~s'u~d C. McD~mdld. Jr.. 272 N. S~,,e Cr,z Are.. ~ Gates. CA ~.~().~- 72 2~ : 408/.?~- 7777. WMA REPORTER. Seplemher 1992 >,? EXHIBIT "D" (F_.ff'ec~ve 718/88 ) AN ORDINANCE OF THE CITY OF ESCONDIDO ESTABLISHING MOBILEHOME RENT PROTECTION Definitions. For ~e purposes of this ordinance, the following worda, tams, and phrases shall be defined as follows: (a) Board ~hall mean the Mobilehome Park Rental Review Board of the City of Escondido. (b) (C) Capial improvement shall mean the ins~n,Hnn of new i.m~wgv~ts and facilities and/or the x~placcmcut or rcconslremion of c3dsdng improvements and facilities which consist of mox~ than oxxtinx~ maint~-ncc and/or repairs. * Dep~u~ent shall mean the Community Development Deparumut of the City of Escortdido. (d) (C) (f) Mobilehome shall mean a vehicle dcsilp~cd and eqaipped for b-m,q h,~-Hon and which is used as the principal place of habiuuion for the occupants thereof. Mobilehome park shall mean any area of land within the City of Escondido where two (2) or more mobilehome spaces are rened, or held out for rent, to accommodate mobilehomes used for human habitation. Mobilehome space shall mean the site within a mobilehome paxt intended, designed, or used for the location or accommodaHon of a mobilehome and any accessory su'uctttres or appurtenances attached therelo or used in conjunction (g) (h) (i) Owner shall mean the owner or operator of a mobilehome park or an agent or representaxive authorized to act on said owner's or opentor's behalf in connection with the maintenance or operation of such park. Rehabilitation work shaii mean any renovation or xt'pair work complexed on or in a mobilehome park which was performed in order 1o comply with the direction or order of a publiC agency, or to repair ci~msge tesulling from fire, earthquake, or other casualty. Rent shall mean the considention paid for the use or occupancy of a mobilehome space. * For clari~cadon. Rent Review is administered by the Cornrnnni~Cy Sa"vices ]:)epBz1zn~lt ILgd 8~] questions should be dircacd m them. AN ORDINANCE OF THE CITY OF ESCONDIDO ESTABLISHING MOBILEHOME RENT PROTECTION Permin~ Rent Incren~s n~u.t-/i Upon an Application Al;q~ov,-tl by the nc~d (a) (b) An owner may file with the Depa, h,,ent a rent increase application for one or more mobilehome spaces for approval by the Board. An application for a rent increase pursuant to this section shall be ~ed upon a form prescribed by the Department and shah be accompanied by the payment of a fee wMch will be determined by the Board; provided, however, that no fee shall be charged for applications filed within the first one h.undred eighty (180) days after the effective date of this Ordinance. -Said application shall specify the address of th~ mobilehome park, the space number or numbers for which rent is requested to be increased, the amount of the requested rent increase, and the facts supporting the requested increase. The applicant shah produce at the request of the Depm, tment any records, receipts, reports, or other documents that the Department my deem necessary for the Board to make a detevnination whether to approve a rent increase. The application shall be rr,,,d? under penalty of perjury and supporting documents shah be certified or verified as requeszd by the Department. (C) (d) (e) Upon receipt of a rent increase application, the Dcpa, ttucnt shatl mail a notice to the affected tenants at the mobilehome spaces designated in the application, informing them of the receipt of such application, the amount of the requested rent increase, a brief sum,nary of the owner's justification for the request, any supporting documents which may be inspected at the City Hall, the tenant's right to submit written statements, photographs or other documents relating to the application within thirty (30) days after the date the notice is mailed, and the addre~ where such statements or documents my be mailed or delivered. The Department shah determine within thirty (30) days after receipt of a rent increase application whether said application is complete. If the Department determines that said application is not complete, it shall notify the applicant in writing as to what additional information is required. . A copy of each rent increase application shall be provided to each member of the Board after such application is determined to be complete. The Board shall holda hearing on said application within sixty (60) days after such determination is made except as provided in subsection (i). Notice of the time, date, and place of the hearing shall be mailed to the applicant and the affected tenants at the mobilehome spaces designated in the application at least ten (10) days prior to the hearing. 3 AN ORDINANCE OF THE CITY OF ESCONDIDO ESTABLISI. HNG MOBILEHOME RENT PROTECTION (8) (9) (10) Changes in reasonable operating and main~enanee expenses. The need for repairs caused by ci=:umstances other than ordinary wear and tear. The amoum and quality of s~rvices provided by the applican~ to the (11) Any existing wrinen lease lawfully entered into between the applicant and the affected tenant (h) (i) (j) (k) The Board may provide that an increase in rent or a penion of an increase in rent granted by the Board be limited to the length of ~ necessary to allow the park owner m reasonably axntrdze the cost of a capital i,mptovement, including interest. Such increag granted as a result of the capital improvement shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement. Nodce of the Board's determination shall be mailed to the applicant and all affected tenants at the mobilehome spaces designated in the application. The determination of the BOard shall be final In the event that the Board is unable m act and make its final determination on a cornpitted rent increase application within the time limitations prescribed by subsection (d)-(f) of this Section, and after the thirty (30) days for the tenant to file statements or docunznts in opposition to the application under subsection (c) shall have expired, the Board may approve such interim increase for the mobilehome space or spaces specified in said application which clearly appears' to be warranted when the factors set forth in subsection (g) of this Section are considered, based upon the facts stated in the application, any written statements or doannents filed with the Department by the affected tenants, and any other facts known to the Board. An approved interim rent increase shall expire on either (1) the last day of the month within which the .Board makes its final determination disapproving a rent increase, or (2) the effective date of a rent increase which is approved by a final det~udnation of the Board. The me within which the Board may conduct a hearing as provided in subsection (c) or make its deternmunion as provided in subsection (f) my be extended 5 AN ORDINANCE OF THE CITY OF ESCONDIDO ESTABLISHING MOBILEHOME RENT PROTECTION (b) The owner gives each proposed tenant whose tenancy will commence within twelve (12) months of the proposed change written notice thereof prior to the incel}tion of his tenancy/,. (b) Notice of termmarion or refusal to renew must be given in writing in the manp. m' ,prescribed by Section 1162 of the Code of Civil Procedure at least sixty (60) days prior to the termination date of the tenancy... Said notice shall slate the elsie the tenancy terminates, the reason for the 'termination or refusal to renew, and the specific facts upon which the owner is relying. Refusal of Tenant to Pay DiegO| Rent. A tenant may refuse to pay any rent in excess of the maximum rent pertrotted by this Ordinance. The fact that such unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a mob~chomc space for nonpayment of rent or to collect the illegal rent Remedies. (a) Any person who demands, accepts or retains any payment of rent in violation of the provisions of this Ordhance shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for dsamaSes in the Sum Of three (3) times the mount by which the payment or payments rJemsanderJ, accepted, or retained exceed the maximum rent which could be hwfully demandcd, accepted, or retained together with reasonable attorney's fees and costs as det~,, u~ined by the Court. (b) Any person violating any of the provisions of this Ordinance. shall be guilty-of a misdemeanor and shall be punishable in the manner provided by Section 1-13 of · the Escondido Municipal Code. Severabilil~,. If any section, subsection, sentence, clause, phrase or portion of this ~ce is for any reason held invalid or unconstitutional by any court of coalpotent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof. EXHIBIT "E" Article 1. 79x 798. I 798.2 798.3 798.4 798.6 798.7 798.8 798.9 798.10 798. I I 798.12 .2..9.8.14 X"~"jcle 2."' -- 798.15 798.16 798.17 798.18 798.19 798.20 798.22 798.24 Article3, 798.25 798.26 798.27 798.28 79829 Afficle 4. 798.30 798.31 798.32 798.33 798.34 798.35 798.36 798.37 798.38 798.39 798.40 798.41 798.42 798.43 Article 4.5 798.45 Article 5. 798.50 California Civil Code Provisions Mobilehome Residency Law (Effective January 1, 1992) ,~ 1992 ~ Western Mobdenome Assoc ration CONTENTS General (italian and Applicallon of Chapler Applicauon of Definition,, Management Mobilehome Mobi lehome Park Park New Construction Rental Agreement Homeowner Change of Use Resident Tenancy Notices: Delivery Rental Agreement Required Contents: Writing: Copies of MRL to Homeowners Inclusion of Other Provistons Long-Term Agreement: Exemption from Rent Regulation Period of Written Agreement: Comparable Monthly Charges for One Year as for Momh-to- Month Tenancy .Winvet of Rights: Public Policy Discrimination Recreational Vehicles: Designated Areas' Common Area Faci lilies: Hours of Operation Rules and Regulations Amendments: Notification to Homeowners Right of Entry by Management Zoning or Use Permits: Leases: Notification to Homeowners Name, Business Address & Phone of Mobilehome Park Owner: Disclosure Mobilehome Ombudsman: Name. Addres~ & Phone: Posting of Sign Fees and Charges Notice ot' Rent Increase Authorized Fees Charges for Uniisted Services: Notice Pets Guests: Sensor Caregivers Immediate Family Rule Enforcemere: Maintenance of Premises Emr.',. Installation or Hookup Fees: Landscaping and Maintenance Chanzes Utility Meter Service: Billing: Rate ichedule Securit) Deposits Security Liens; Mutual Agreement: Separate Statements Separately Stated Utility Services: Exemption from Rent Control: Reduction in Rent Violations of MRL: Fines: Penalizes: Prohibitions from Passing Through Master-metered Utllmes: Use of Homeowner's Meter for Common Area Rent Control Exemption: New Conslruction Horneowner Communications and Meetings Statement of Legislative Intent 798.51 798.52 Article 5.5 798.53 Article 6. 798.55 798,56 7qS,56a 798,57 798.58 798.59 798.60 798.61 Article7. 798.70 798.71 798.72 798.73 798.74 798.75 798.76 798.77 798.78 798.79 798.80 798.81 ArticleS. 798.84 798.85 798.86 798.87 798.88 Article 9. 799 799.~ 79~.2 799.3 799.4 799.5 799.6 Renlal Agreernenl,,/Ruje~: Proh~bnmn,,: %leeh IIIgN: Public Ol/'iclal,,: Can~,u,,,, and Pellllon, Homeo~, ner/Ressdenh: Actran, Homeowners Meetings with Management Management: ,%leeling,, ,.,, llh Ht>lnct}v, ncr~. Request: Mauer,. h}r Di,,cu,,,,~on; Termination of Tenancy Proleclion from Actual or Corhlructi,.e E'.~L'- lion: Terrainanon or Refusal to Renev,: Rea- sons: Notice: Time Aulhorized Reasons 16r Terminalran: Copes to Legal Owners Righis & Responsibililies of Legal Owners Slatemenl of Reasons in Notice Termination to Make Space for Bu~.er of Mobilehome from Park Owner Prohibited Notice by Homeowner: Time Application of Other Laws Abandoned Mobilehomes; Disposition Transfer of Mobilehome or Mobilehome Pork Advertising Listing or Showing Mobilehome by Park O~ her or Manager: Written Authorization': Prohibitions Transl~'r or Selling Fee: Request for Service: Prohibilions Removal Upon Sale to Third Party: Conditions Prior Approval of Purchaser: Grounds t~r Withholding: Inibrming Homeowner: Financial Report/Refund: Time-Frame for Approval Sale or Transfer of Mobilehome to Remain in Park: Required Documents: Unlawful Occupanls Purchaser: Compliance with Adults Only Rule Waiver of Rights: Public Policy Rights/Responsibilities of Heir or Joinl Tenant of Owner Foreclosure of Mobilehome: Sale Io Third Pan)' Sale of Park: Listing: Nolice to Re~idents Sale or Listing 0f Used Mobilehome: Probib- ned Acts of Management Actions. Proceecling$, an{:l Penalties Notice of Impending Action by Homeowners to Park Management Attorney's Fees and Costs Willful Violation by Park Owner: Addilional Penally Public Nuisance Rule Violalions; Injunclion $ubalvlsion,t, Cooperatives, and Cor~lominiums Definmons Advertising Lssung or Showing Mobilehome by Ownership or Management; Written Aulhorizalion Sale to Third Party: Prohibition Againsl Required Removal Prior Approval of Purchaser: Grounds for With- holding Purcha~,er: Compliance with .Adults Only Rule Waiver of Rights: Public Policy ,3 . Tnc nomeo~ner snail have al leasl 3(1 dav~ from Ihe dale lhe renlal agreemenl is firsl offered to lhe ~omeowner to accepl or reject the agreemere. ~4~ The homeowner who executes a rental a,..reemeni offered pursuant lo this section ma.~ void the ren~'al agree- mere by nolifying the mana,_,emem ,n wrilin~ within 72 hours of lhe homeowner'~ execul~on of the rental aszreemem. ~c) The homeowner shall have Ihe optio~ Io reject the offered rental agreement and instead accept a rental agree- ment for a term of 12 monlhs or less from !he dale lhe offered rental agreemenl begins. In the event the homeowner elecls to have a rental agreement lbr a term of 12 monlhs or less. including a month-to-month rental agreemenl. the rental agreement shall contain ihe same "remal charges" terms and conditions as the offered rental agreement during ~he first 12 months. except for options contained in Ehe offered rental agreement to extend orrenew the rental agreement. (d~ Nothing in subdivision (c) shall be construed to pro- hibit managemere from offering gifts of value. other than rental rate reductions. to homeowners who execfitei'a"'~ent~i' agreement pursuant to this section. (el With respect to any space in a mobilehome park which is exempt under subdivision (a) from any ordinance. rule. regulation. or initiative measure adopted by any local gov- ernmental entitv thai establishes a maximum amount that a landlord may charge a tenant for rent, the mobilehome park shall'be exempt from any fee or other exaction imposed pursuant to such an ordinance. rule, regulation. or initiative measure or imposed for the purpose of defraying the cost of administration thereof. If) At the time the rental agreement is first Offered to the homeowner. the management shall provide written '~otice to the homeowner of the h.omeowner's right ( 1 ) to have at least 30 days to inspect the rental agreement. and ~ 2 ~ to void the rental agreement by notifying management in writing within 72 hours of the acceptance of a rental agreement. The failure of the management to provide the written notice shall make the rental agreement voidable at the homeowner's option upon the homeowner's discoy- ery of the failure. The receipt of any written notice pro- vided pursuant to this subdivision shall be acknowledged in writing by the homeowner. (g~ This section does not apply to or supersede other provisions of this par~ or other state law. 798.18. ~a~ A homeowner shall be offered a rental agree_ ment for ( I ) a term of 12 months. or(2 ~ a lesser period as the homeowner may request, or (3) a longer period as mutually agreed upon by both the homeowner and management. (bl No such agreement shall contain any letins or condi- lions with respect to charges for rent. utilities. or incidental reasonable service charges thai would be different during the first 12 months of the agreement from the ~on-es!~nding terms or conditions that would be offered to the homeowners on a month-to-month basis. 798.19. No rental agreement for a mobilehome shall comain a provision by which the homeowner waives his or her righis under the provisions of Articles I to 8. inclusive, of this chapter. Any such waiver shall be deemed contrary to public policy and void. 798.20. Membership in any private club or organization which is a condition for tenancy in a park shall not be denied on the basl,, of' race. color. religion. ,,c\. ilatlt~tlai ancestD.. or marital statu~. 798.22. (a~ in an~ ne~ mobilehome park Thai ~, oped at'let Januan 1.1~82. mobilehome ,pace, ,hall nt~l renied for the acconlmodation o1' recrcatumal ~chsc'tc~ defined by Section 79~.24 unle~ the mobilehome park ha~ specificall} de~ignaled area ~ilhln the park/or recr¢atstm~l vehicles. ~'hich i~ ~eparate and apart trom the area designated l~r mobilehome~. Recrealional veh~cle~ may ~ located in the specificall)' designated area. (b) Any new mobilehome park that i~ develo~d after Janu- a~ I, 1982. is not subjecl io Ihe provi~ion~ of [hn~ ~ecln~n 75 ~rcedt or' the space~ have Nen reined for the fir~[ lime. 798.24. Each common area factlily ~hall ~ open available to residents at all reasonable h~urs and the hour~ the common area l~cility shall be posted al the A~icle 3. Rules and Regul~ions 79~.25. A rule or'regulation ot'lhe park may ~ amended at any time with the consent of a homeowner. or ~'ithout hi~ or her consent upon written notice to him or her of nol le~ than six monthS, except for regulations applicable to recrea- rionat facilities which may ~ amended without hi~ or her consent upon written notice to him or her of not le~s than days. Written notice to a new homeowner. who~e tenanc~ commences within the required period of nolice. of a posed amendment shall constitute compliance with Ibis ~ec- lion where the written notice is given to him or her before inception of his or her tenancy. _7~8.2~, (a) Except as provided in su~ivision (b). and notwithstanding any o/he~p~ovision of law to the contrary. the ow~hip or m~ag~ent ofa ~, su~ivision. ctx~mti~Te. orcondominium for mobilehomes shall have no r~gh~ ofentrx to a mobileho~e without the prior ~r~en consenl of .resideqt. Such consent may ~ revoked in writin~ by the resident at any time. The ownership or managemere '~hall have a right ofenlry upon the land upon which a mobilehome is situated for maimenance of utilities. for maintenance of ihe premises in accordance with the rules and regulations of the park when th~ homeowner or resident t~ils to so maintain the premises, and protection of the mobilehome park. su~ivi- sion. cooperative, or condominium at any reasonable time. but not in a manner or at a !.ime which w~uld interfere with th$ resident's quiet enjoyment. -_ _ ' (b) ~e ownership or m~agemem of a p~k. su~ivision. ~rative. or condominium t~r mobilehomes may enter a mobilehome without the prior wnnen con~nl of the ;e~idenl in case of ~ emergency or when t~ ~sident h~s ab~doned the mobil~0~e. ~' 7~.27. ~a) The management shall give written notice to all homeowners and pros~ctive homeowners concerning the following matters: ( 1 ~ the nature of the zoning or use petit under which the mobilehome park o~rates. If the mobile- home park is operating pursuant to a petit subject to a rene~ al or expiration date, the relevant initiation and date~ ~hall be included in the notice. (2) The duration of any lea~e of the mobilehome park, or any portion thereof. in which the management is a lessee. ( b ) I f a change ~curs conceming the zoning or use ~rmit under which ~he park o~rales or a lease in which the man- agement is a lessee. all homeowners s~ll ~ given written nolice within 30 days of that change. Notification regarding moOlienome. v, hJchever occurs earher. mana_oemenE shall. upon the receipt of a written request from the~homeowner. refund to the homeowner the amount of the security deposit within 30 days lollowing the end of the 12 consecuti~'e month period of the prompt payment or the date of the resale of the mobilehome. Ic~ In the event that the interest in the mobilehome park is transferred to an,.' other pan>' or entity. the successor in interest shall have the same obligations of management con- tained in this section with respect to the security deposit. id~ The management shall not be required to place any security deposit collected in an interest-bearing account or to provide a homeowner with any interest on the security de- posit collected. (e~ This section applies to all security deposits collected on or after January 1, 1989. However. any security deposit collected on other than initial occupancy from a homeowner between January 1, 1988. and'the effective date of this section shall be refunded on or before January 3I. 1989. 798.40. The management shall not acquire a lien or security interest. other than an interest arising by reason of process issued to enforce a judgment of any court. in a mobilehome located in the park un~S mulually agreecl..u~o"~by both the home- owner and'manag~ment."~ billing and payment upon the obligation shah be kept separate from current rent. 798.41. (a) Where a rental agreement. including a rental agreement specified in Section 798.17. does not specifically provide otherwise. the p. ark management may elect to bill a homeowner separatel'y:~"'~~ervice fees and charges assessed by the__._utility for services provided to or for spaces in__ the park. Any S~'~rately billed utility fees and charges shall not be deemed to be included in the rent charged for those spaces under the rental agreement. and shall not be deemed to be rent or a rent increase for purposes of any ordinance. rule. regulation. or initiative measure adopted or enforced by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. provided that at.the. time of the initial separate billing of anv utility fees and charges the rent chargeable under the rental agre.emenl oE t._h_e b_a_se rent ~:hargeable under the terms of a local rent control provision is simultaneously reduce$1b_~y an amount equal to the fees and charges separately biiled~- ! Utility services to which this section applies are natural gas or liquid propane gas. electricity. water. cable television. 'garbage or refuse service. and sewer service. (b) This section does not apply to rental agreements en- tered into prior to January 1.1991. until extended or renewed on or after that date. ---'-- ' (c~ Nothing in this section shall require rental agreements to provide for separate billing to homeowners of fees and charges specified in subdi~ -ion (a). 798.42. (a) The manag,~ment shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management of any fine. forfeiture. penalty. or fee assessed by a court of law against the management for a violation of this chapter. including any attorney's fees and c~osts incurred by the management in connection therewith. (b) A court shall consider the remoteness in time of the assess_me_nt.agamst the management of-any fine._f_oJ:f-eiture. pe.n_alt_.y_. or fee in determining whether the horridowner has 'me. Ls, k,~ourden of proof that the fee or increase in rent is in violation of lhis seCtiOn. 79g.:E'C lal ExcelSt as provided m ,,ubdl~ ~slon ~b.,. ~hen- ever a homeowner is responsible for payment of gas or electric utility service. management shall disclose to the homeox~ner any condition by which a gas or eiecmc meter on the home- owner's site measures gas or elecmc service for common area facilities or equipment. including lighting. provided that man- agement has knowledge of the condition. Management shall disclose this information prior to the inception of the tenancy or upon discover,., and shall com- plete either of the following: ( ! ) Enter into a mutual written agreement with the home- owher for compensation by management for the cost of the portion of the service measured by the homeowner'~ meter for the common area facilities or equipment to the extent that this cost accrues on or after January I. 199 I. (2) Discontinue using the meter on the homeowner's site for the utility service to the common area facilities and equipment. ( b ) If the electric meter on the homeowner' s site measures electricity for lighting mandated by Section 18602 of the Health and Safety Code and this lighting provides lighting for the homeowner's site. management shall not be required to comply with subdivision (a). Article 4.5. Rent Control -- 798.45. Notwithstanding Section 798.17. "new construc- tion" as defined in Section 798.7. shall be exempt from any ordinance. rule. regulation. or initiative measure adopted by any city, county. or city and county. which establishes a maximum. amount that a landlord may charge a tenant for rent. Article 5.- Homeowner Communications :. and Meetings · 798.50. It is the intent of the Legislature in enacting this article to ensure that homeowners and residents of mobile- home parks have the right to peacefully assemble and freely communicate with one another and with others with respect to mobilehome living or for social or educational purposes. 798.5 I. No provision contained in any mobilehome park rental agreement. rule. or regulation shall deny or prohibit the right of any homeowner or resident in the park to do any of the following: (a) Peacefully assemble or meet in the park. at reasonable hours and in a reasonable manner. for any lawful purpose. Meetings may be held in the park community or recreation hall or clubhouse when the facility is not otherwise in use. and. with the consent of the homeowner. in any mobilehome witbin the park. .(b) invite public officials. candidates for public office. or representatives of mobilehome owner organizations to meet with homeowners and residents and speak upon matters of public interest, in accordance with Section 798.50. ( c ) Canvass and petition homeowners and residents for non- commercial purposes relating to mobilehome living. election to public office. or the initiative. referendum, or recall processes. at reasonable hours and in a reasonable manner. including the distribution or circulation of information. 798.52. Any homeowner or resident who is prevented by management from exercising the rights provided for in Sec- tion 798.51 may bring an action in a court of law to enjoin entercement of any rule. regulation. or other policy which tll IDYll e',el~i lilt nlana.~ement ~,hali .~l~,e ~.rltten floilce |O the homeowner ~n the manner prescribed by Section I 162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days. which period shall be specified in the notice. A cop)' of this notice shall be ~ent to the legal owner. each junior lienholder. and the registered owner of the mobilehome. if other than the home- owner. as specified in paragraph Ib)of Section 798.55. b.~ certified or registered mail return receipt requested within 10 days alter notice is sent to the homeowner. ' (fl C~_d~mnation of'the' park... 'rg~ Cha~g'~T'fise oUihe park or any portion thereof, provided: (1 ~ The management gives the homeowners at least 15 days' written notice that the management will be appe~i~ng befor~'T~'[6~a'I gc~vernmehtal board, commission, or body to request permits for a change of use of the mobilehome park. (2 ~ After all required permits requesting a change of use have been approved by the local governmental board, com- mission. or body. the management shall give the homeowners six months' or more written notice of termination of tenancy. If the change of use requires no local governmental per- mils. then notice,shallhe.g,L~n 12 months or more prior to the management's determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use. (3) The management gives each proposed homeowner written notice thereof prior to the inception of his or her tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted. (4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs. (5) A notice of a proposed change of use given prior to January I. 1980. which conforms to the requirements in effect at that time shall be valid. The requirements fora notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given. {h) The report required pursuant to subdivisions (b) and {i ) of Section 65863.7 of the Government Code shall be given to the home0wners or residents at the same time that notice is required pursuant to subdivision (g) of this section. 798.56a. (a) Within 60 days following receipt, or no later than 65 days after the mailing. of the notice of termina- tion of tenancy for nonpayment of rent or other charges. the legal owner and each junior lienholder shall notify the man- agement in writing of at least one of the following: (I) hs offer to sell the obligation secured by the mobile- home to the management for the amount specified in its written offer. In that event. the management shall have 15 days following receipt of the offerto accept or reject the offer in writing. If the offer is rejected, the person or entity shall have l0 days in which to exercise one of the other options contained in this section and shall notify management in writing of its choice. / (2) Its intention to foreclose on its security interest in the mobilehome. (3) Its request that the management pursue the termination of tenancy against the homeowner and its offer to reimburse managemen| for the rea~o~aDle at|omen. '`` lee', and cour~ costs incurred by the management in that actR~n. {hi In the event that the legal owner or junket henholder exercises any option described in paragraph ~2~ or 13 ~ subdivision ~ah and has the right to sell the mobilehome ~.ithin the park Io a lhird party in accordance with this article. Ihal person or entily shall have !he righl Io keep mobilehome on the si~e wilhin lhe mobilehome park unlil is resold a~ long as Ihe ~rson or emily perl'o~ all of l~llowing acts: ( I ) (A) Satisfies. within the time ~riod s~cified in sub- division {a). all of the homeowner's responsibilities and liabilities owing ~o the management lbr the 90 days preceding the mailing of the notice of temination of tenancy and then continue to satisfy them as they accrue from the date of the mailing of that notice until the date the mobilehome is resold. (B) Pe~rmance under this paragraph d~s not cure the default of the homeowner. (C) For pu~oses of this paragraph. the "homeowner's responsibilities and liabilities" means all rents. utilities. rea- sonable maintenance charges of the mobilehome and its premises. and re~onable maintenance of the mobilehome and its premises pursuant to existing park rules and regula- tions. (2) Within the time ~ri~ specified in suMivision ~a~. commences all repairs and necessary co~ective actions so that the mobilehome complies with park rules and reoulations ~n exsstence at the time the notice of te~ination of tenancy was given as well as the health and safety standards s~cified in Sections 18550. 18552. and 18~5 of the Health and Safety Code. and completes these repairs and comelive actions within 90 calendar days of that notice. or ~fore the da~e the mobilehome' is ~soid. whichever is earlier. (3) Complies with the requi~ments of Article 7 (com- mencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party. (c) In the event t~ legal owner or junior lienholder d~s not respond to the notice provided by management by noti- fying management in writing of its election puBuant to suMivision (a). or d~s not satisfy the requirements of sub- division (b). that ~rson or entity shall have no rights to sell the mobilehome within the park to a third party. (~) In the event the homeowner files for bank~ptcy, ihe periods set forth in this section are tolled until the mobilehome is released from bankruptcy. " <e ~ Not withstanding any other provision of law. including. but not limited to. Section 18~9.5 of the Health and Safety Code. in the event neither the legal owner nor a junior lienholder. if any. notifies the management of its decision pursuant to suMivision (a) within the ~n~ allowed, or peffo~s as agreed within 30 days, the management may either remove the mobilehome from the p~mises ~d place ~Tin storage or sto~ it on its site. In th~ c~se. notwithstanding any other provision of law. the management shall have a warehouseman's lien in accordanc~ S~Uon 72~ of the Commercial Code against the mobilehome for the costs of dismantling and moving. if appropriate, ~ well as storage. which shall ~ su~rior to all other liens. except the lien provided for in Section 18116.1 of the Health and Safety C~e. and may enforce the lien pursuant to Section 7210 of the Commercial C~e. ocn,:c ~ the sale. :,~ ~nall De ~,pecHled b~ tl~e State Depart- ment of Housing and Communn.~ Development er the De- partment of Motor Vehicles. which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof. The sate shall pass title to the mobilehome to the purchaser free of any prior interest. including any securit~ roterest or lien. except Ihe lien provided br in Sectio~ 18116.1 of the Health and Safety' Code. in the abandoned mobilehome. Article 7. Transfer of Mobilehome or Mobilehome Park 798.70. A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death. or the agent of any such person. may advertise the sale or exchange of his or her mobilehome. or. if not r~ibited by the terms of an agreement.with the manage- rfient. ma~"fid~'~rtise the rental of his or'her mobilehome, by displaying a sign in the windowof the mobilehome. or by a sign poste~ on the side of the mobilehome fa~ing"'~t e'h'i~'t/~et."iT'g~ng that the mobilehornS' ~s-for sale or exchange or. if not prohibited. for rent by the owner o_f the mobilehome or his or her agent. ~ee~igr~'l state'the naffteZ~'ddfeSs, and telephone number of the owner of the mobilehome or his or her agent and shall not exceed 24 inches in width and 18 inches in height. 798.71. (a~ The management shall not show or list for sale a manufactured home or mobilehome without first ob- tainin,, the owner's written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. Ib) The management shall prohibit neither the listing nor the sale o'f'a manufactured home or mobilehome within the park by the homeowner. an heir. joint tenant, or personal representa- tire of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death. or the agent of any such person offier than the manage- ment. nor require the selling homeowner, or an heir, joint tenant. or personal representative of-tht~estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was. a home- owner at the time of his or her death, to authorize the management to act _as t..he_. ag_ent in the sale of a manufactured home or mobilehome as a condhion of management's approval or' the buyer or prospective homeowner for residency in the park. Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobi lehome salespersons or dealers. 798.72. (a) The management shall not charge a home- owner. a~n' h._e_ir, joint tenant. or personal re~ve of the estate who gains ownership of a mobilehome in the mobile- home park through the death of the owner of the mobi lehome who was a homeowner at the time of his or her death. or the agent of any such person a transfer ot selling fee as a condition of a sale of his mobilehome within a park tinless the management performs a service in the sale. The manage- ment shall not perform any such service in connection with - the sale unless s9 req._.uested~, in writing. by the homeowner, an heir. pint tenant. or per,.onal repre~entatl,.c or me e,,tatc who ga.ns ownership of a mobilehome m the mobdehome park through the death or' the owner or' the mohi lehome v. ho was a homeowner al the time of his or her death. or the agent or' any such person. ~b~ The management ~ot ch~.ge..a prospecnve home- owner or his or her agent. tipon purchase of a mobilehome. a fee~S.~condit ion of approval Yor r~"~dei'icv in a park unle,,, the management performs a specific service in the sale. The . management shall _nOt i.___._mpose a fee. other than for a credit oheck in accordance with sh~'~;on lb~ of Sectio'n 798.74. for an interview of a prospective homeowner.' 798.7;3..The management shall not require the removal of a mobilehome from the park in the event of' its, sale to a third party during the term of the homeowner's rental a,.zree- ment. However. in the event of a sale to a third party. in ~rder to upgrade the quality of the park. the management max' require that a mobilehome be removed from the park where: '~a) h is not a "mobil?~ham,~" w. ithin the meaning of (b) h is more than 20 years old. or more than 25 years old if manufactured afterSel~tember 15. 197 I. and is 20 ?eel wide or more. and the mg~bi lehnme does n'~"'~c~'r~'ply with the health and safety'Si~t~'/i~r'ds provided in Sections 18550. 18552. and 18605 of the Health and Safety Code and the regulations established/hereunder, as determined following an inspec- lion by the appropriate enf6¥~e'm~iit' agency. as defined iw'~'ction 18207 of the Health and Safetv Code. fc) The mobilehome is more than 17 v~ars old. or more than 25 years old if manufactured after S~ptember 15. 197 I. and is re'~' th'Fr-20 feet' ~ide, and the mobilehome does not comply '~$t'W'i~"~iS~[ruc'~i'6rr and safety standards under Sections 18550. 18552. and 18605 of the Health and Safety Code and the regulations established thereunder. as dete/- mined following an inspection by the appropriate en- forcement agency, as defined in Section 18207 of the Health and Safety Code. ~d) It is in a significantly rundown condition or in disrepair. as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public. exc_i~sive 9f_!t..s..ag.e_.. The management' shall u~e reasonable discretio_n_ in determining the general condition of the mobilehome and its accessory structures. The management shall bear the burden of dern~nstratlng"i~fit the mobilehome is in a significantly rundown condition or in disrepair:. .... 798.74. (a~ The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before --',~he close of the sale/' Approval cannot be withheld if the ;' purchaser has the financial ability to pay the rent and charges of the park unless the manageme.nt reasonably determines that. based on the purchaser's prior tenancies. he or she will not comply with the rules and regulations of the park. In determining whether the purchaser has the financial ability to pay the rent and charges of the park. the management .shall n~ r.~.ui.re the purchaser to submit copies of a~'.~' personal ~,. income tax returns in order to obtain approval for reside.,._nc_,v ~n the park. However. management may require the ~ c"haser~.B~ocument the amount and source of his.0r_h_e_r..g~s m_onthly income or mean~'~T"fffiancia!.suppo__.__n.. ~ d, ',~li 1~'~', Ell-Hi .~t dd~, ', II(tF I11~)1'~ [11~11 L)IiL' prior Io ~n owner ct'~ mobilehome p~rk ~nlerm~ inig ~ wrYlien li~ljn~ ~r¢¢menl wilh ~ lic¢n~ed ~1 ¢~l~1~ broker. ~ defined in Article I Icommencin~ wjJh S¢cnon I(}1~0~ ol'Ch~pler 2 or P~ I of Division 4 of t~e Bu~ne~ and Prol~ion~ G~c. IOr the ~alc ot the park, or ol'lcrm~ [o ~¢11 the park Io an) pan~, the o~ner ~hall provide wri~en n~l~ce ol' hi~ or her intention I;~ ~ell the mobilehome park by l'ir%~-cla~ mail or by ~'r~onal deliveO Io lhe pre~iden[, %ecretXO.' and ~rea~urer of an~ re~idem oruani- zalion t~ed by homeo~ne~ m ~he mobi/ehon~e park'a~ a nonprofil cobra!ion. ~!~'k c~ralive corralion, or olher enmv l~r pu~e~ of convenin~ ihe mobilehome park c'ondominium or ~l~'k c~ralive ownership inlere~!~ ~d pucc~sin~ [he mobilehome park from lhe muna~emenl of ihe mobilehome park. An otter ~o sell a park shall no~ ~ construed as an ot't~r under lhi~ ~u~ivision unles~ ii i~ inilia~ed by lhe pa~ owner or a~en[. Ib) An owner of a mobilehome park shall no~ ~ required ~o comply wi~h su~ivision la~ unless ~he l~llowin~ condi- !ion~ are reel: (I) The resident or~anizalion has firs[ l'umished lh¢ park owner or park manager a writlen ~OljCe OJ' lhe name and address of lhe presidenl. secretary, and Ireusurer of lhe resi- dem or~anizalion Io whom lhe nolice of sale shall ~ ~iven. (2) The residem organization has ~rs~ nodfled lhe park owner or manager in wrilin~ lhal lhe park residems are inleresled in purchasin~ lhe park, The initial nmice by residem orBanizafion sh~ll ~ made prior ~o ~ wrinen li~in~ or offer ~o sell ~he park by ~he park owner, and ~he residem organization sh~ll ~ive subsequenl nolice once each ~ear lhereafier lha lhe park residem~ are inleres~ed in purchasin8 lhe park. (3) The re~idenl or~anizalion has furnished :he park owner or park manager a wrinen nmice. wilhin five da~s, any chan~e in lhe name or addre~ o1' lhe officers or' lhe re~idem organization ~o whom the nolice of sale shall it> No~hin~ in [hi~ seelion drivels lhe validilv of lille !o real property ~ransl~ed in violation of lhi~ seen~n. ahhou~h a violation ~hall ~ubjec~ lhe seller ~o civil uclion pursuam io Article ~ I commenein~ wilh Seelion 79~.~4) by homeowner resideins of ~he park or ~he re~idem or~anizaiGn. ~d) No~hin~ in ~his secdon at'fec~ lhe ability of a licensed real eslale broker. a~ defined in Article I Ico~mencin~ wilh Section 10130) of Chapter 3 of Pan I of Division 4 ~t' ~he Business and Protections Code, Io coileel a commission pur~uam Io an execuled conlracl ~[ween Ihe broker and lhe mobilehome park o~'ner. (e ~ Subdivision (a) does no[ appl~ ~o any of ~he l~llowin~: (1) Any sale or older lransl~r by a park owner who natural person ~o an~' relalion specified in Seelion ~01 or ~02 of lhe Probale ~ode. ~ 2 ) Any ~ransfer by raft, devise. or operation of law. (-t ~ An~' lransfer b~'; co~oralion Io an affiliae. As u~ed in [his paragraph, "affiliate" means any ~hareholder ot' ~he ~ransfemn~ coloration, an~ co~orali~n or enmv owned or Coreroiled. direell~ or indireell~. b~ ~he zransl~rri~ colora- non. or ~n~ olher co~oralion or enmy conlrolled. direellv or indirecll~, b~ an~ shareholderoflhe lranst~in~ coloralien. (4) Any ~ransfer b~ a p~nnership !o ~ of ils panners. (5) ~ convenice ~suhin~ from ~he judicial or nonjudi- II cl.H It~FCClt~,,UrC OIa nlor[~a~e (}r deed ol [ru,q L'I1CUIllDCI'iR,, a mobilehome park or any deed ~ven m lieu OI ~uch lOreclo~um. 16} Any sale or [r~st~r ~Iween or ~on~ .joinl [enanl~ ~r ~enams in common ownin~ a mobilehome park, 171 The purchase ol'a mobilehome park b) a ~overnmenlal enlilv under il~ ~wer~ of eramere domain. (f} Thi~ ~eelion ~hall remain in elfeel onh' unlil Januan 1.19~5. and as oF lhal dale is repealed, unles~a bier enacle~ ~lalule. which i~ enacled before January 1. 1995. delete~ or ex~ends lhal dale. 79~.~1. ~ m~a~emen[ ( I ) shall nol pmhibi~ lhe lis~in~ or sale ol'a~d mobilehome wi~in ~e p~ by the homeowne~ heir. joim lenai. or ~rsonal represen~a{ive of ~he es~a~e who ~ain~ ownership of ~ mobilehome in lhe mobilehome park lhmu~h lhe dea~ of lhe owner of lhe mobilehome who was a homeowner al lhe lime of his or her dea~. or lhe a~en~ of av such ~rson olher [h~ ~e m~emenl. (2) nor requi~ lh~ se!iin~ horncower 1o ~u~o~ze ~e m~aSemenl ~o de: as lhe agem in ~e ~le oF a mobilehome ~ a condition of a~mval of lhe ~yer or pms~live ho~o~er for ~sideney in l~ p~. A~icle ~. Actions, Proceedings, and Pena~ies 79~.~4. {a) No ~c~ion ~d u~n ~h~ m~n~m~nC~ ~lleged t~ilure t~mazntain the physical i~e~ts i~ the common faciliti~~ working order'~b~di;ion or a~e~~n of se~ice may ~ commenced bv~ h~e- ~' unl~ss'/~~~~en given a~ ~st 30 ~ays' priornotic~ ~ me Intention to commence me action. ' (~l 'l he n~ce s~all ~ ~n writing, signe~~me~ owner or homeownen m~ing the allegations. and shall notify the management of the basis of the claim. the s~cific allegations. and the ~medies ~quested. A notice bv one h~meowner shall ~ deemed to ~ suf~ci~m n6t'i~e'~'~h~ a~egation to the manageme~V P~~(~ll of e homeo~~~ '- --. ~c~ The notice may ~ se~ed in the manner prescribed in Chapter 5 ~commencing with Section 1010) of Title 14 of Pan 2 or' the Code of Civil Procedu~. ~d~ For pu~o~s of this ~ction. management shall ~ deemed to ~ notified of an alleged failu~ to maintain the ph>~ical improvements in the common facilities in go~ working order or condition or of an alleged ~duction 01' ~ervices upon substantial compliance by the homeowner or homeowners with the provisions of suMivisions (b) and ~c). or when management has ~en notified of the alleged t~i lure to maintain or the alleged reduction of seaices by a state or local acehey. ~e~ If the notice is ~ed within 30 ~ys of ~e expiration the applicable statute of limitations, the time for ~e commence- mere oF the action shall ~ extended 30 ~ys from the se~ice of the notice. ~l'~ This section d~s not apply to actions for ~rsonal injury or wrongful death. 798.85. In any action arising out of the provisions of this chapler the prevailing party shall ~ entitled to reasonable attomey's l~es and costs. A party shall k deemed a prevail- mg pan>' for the pu~ses of this section if the judgmem is rendered in his or her favor or whe~ the litigation is dis- missed m his or her favor prior to or during th~ trial. unless ITEM 17 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council David F. Dixon City Manager November 24, 1992 Item No. 17 - Boys and Girls Club City Clerk June S. Greek BACKGROUND: The staff will finalize a staff report on this item and forward it to you under separate cover. JSG ITEM NO. 18 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer November 24, 1992 Maintenance of Streets Not Within the Maintained Road System RECOMMENDATION: Staff recommends that the City Council: Establish the TCSD as a potential financing mechanism that will finance the design and construction cost associated with the expense of upgrading non-maintained streets within the City .to publicly maintained standards (paved). Direct Staff to expand the TCSD Service Levels to include road maintenance for pre- existing roads that do not meet current standards for acceptance into the Maintained Road System. Establish a policy requiring a signed petition by 50% of the property owners within a proposed Road Maintenance Service Level accepting the service rates, when established, prior to forming a new Road Service Maintenance Service Level. Direct Staff to develop low volume, paved, rural road standards similar to those currently existing in the Los Ranchitos Development for use in rural areas that have pre-existing roads that are not publicly maintained or are within a proposed Road Maintenance Service Level. Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR STREET AND PUBLIC UTILITY PURPOSES, BUT NOT ACCEPTING INTO THE CITY-MAINTAINED STREET SYSTEM, LIEFER ROAD. Authorize the Public Works Department to solicit informal bids for the construction of culverts on John Warner Road (5) and Liefer Road (1). The associated design and construction costs will be reimbursed to the City from the TCSD Road Maintenance Service Level or an Assessment District when they are formed. - 1 - pw01 \agdrpt\92~l 124~maintnon.mrs 1117B BACKGROUND: The City has a requirement that all new developments install curb, gutter, sidewalk and pavement as a condition of approval. The streets are dedicated to the City for public street purposes and accepted for maintenance once the improvements are installed. The initial cost of the improvements are paid by the property owners, as part of the purchase price of the home or building. The costs to maintain the streets in perpetuity are the City's. The higher the standards for new installation of street improvements, the lower will be the ongoing cost of maintenance. The City has a number of private and publicly dedicated streets which are unpaved and have not been accepted for maintenance. Many of these streets were graded to provide access to large, rural-type lots. Areas with larger lots usually generate less traffic. Also, larger lots typically have more street frontage, resulting in greater street improvements costs per individual lot. This combination of low traffic volumes and relatively high individual lot street improvements costs, along with the desire by some property owners to maintain a rural · lifestyle, has resulted in many unimproved rural roadways. The City has received a number of requests from residents in rural areas to maintain their streets. The incidence of maintenance calls is especially high during periods of rainy weather when the streets become muddy and nearly impassable because of floodwaters flowing across the streets at low points. These conditions have also made it difficult for emergency vehicle access when needed. Liefer Road and John Warner Road are two of the roadways that fit this category. Gas tax funds cannot be used to maintain private streets. The use of general funds to maintain private streets can be considered a gift of public funds and therefore not lawful. One solution is to accept private streets as public streets. Another possibility is to accept the dedication of the streets, but not to accept them into the City-Maintained Road System and instead, establish a maintenance district which would assess the property owners for the cost of the level of maintenance they request. Once the funding for road maintenance is established, the remaining issue is determination of the acceptable level of improvements, and the funding of those improvements. There are various levels of street improvements ranging from a graded, dir~ street section, considered a minimum, to streets composed of curb, gutter, sidewalk and asphaltic or concrete pavement. The various types of roadways with associated characteristics are as follows: -2- pw01 \agdrpt~92~l 124\maintnon.mrs 1117B TYPE GRADED DIRT (28' roadway w/4' shoulders) GRAVEL SURFACE (28' roadway w/4' shoulder) ASPHALTIC CONCRETE - See City Std #111 (Los Ranchitos) (28' roadway w/4' shoulder) CHARACTERISTICS Graded, level, native materials; dusty, highly erodible, peor , in rainy weather. Graded, level area with suitable granular aggregate material as a wearing surface; dusty, erodible, suitable in rainy weather. Asphaltic concrete on aggregate base; hard surface, impermeable, long- lasting. PROBABLE MAINTENANCE COST PER 100 FEET OF LOT FRONTAGE/PER YEAR $600 $1,800 $205 CURB, GUTTER, SIDEWALK AND AC PAVEMENT - See City Std. # 104 (40' curb-to-curb) Same as asphalt concrete above, plus improved drainage. $133 The most important factor affecting the serviceability of a roadway is water. Water saturating the area beneath the road lubricates the underlying soils and causes them to lose their stability. Crack-sealing and proper drainage minimize water penetration and are priorities in any road maintenance program. This is also the reason why the road surfaces listed above which do not have an asphalt or concrete surface require more frequent maintenance. The above probable costs for non-paved surfaces were based on grading twice a year. However, this could rise significantly depending on the number and intensity of winter storms. FUNDING: As indicated previously, road maintenance of improved streets is a City responsibility. There are a number of state statutes that can provide a mechanism to install street improvements and assess the cost upon the adjacent property owners. There are also statutes that would allow the assessment of street maintenance costs upon the lots which benefit from such maintenance. It would seem appropriate that if the residents along an unimproved roadway were to install paved roadways through an Assessment District process, that the City would assume the maintenance responsibility once the improvements are installed, similar to all new development. However, for those residents who would like other options, they should be allowed appropriate choices. The following are available options: -3- pw01 \agdrpt~92\l 124\maintnon.mr$ 1117B TYPE OF ROADWAY Graded Dirt Gravel Surface Asphaltic Concrete COST OF INSTALLATION Property Owners Property Owners Property Owners COST OF MAINTENANCE. Property Owners Property Owners City Staff has investigated the statutes involving Community Service Districts and found that the proposed improvements are within the powers of a Community Service District. Since the Community Service District is already formed, the expense associated with establishing an Assessment District or Community Facilities District can be spared. The implementation of rural standards will allow property owners to choose the level of maintenance or improvement cost they wish to bear. If the property owners do not wish to participate in an on-going maintenance cost, they may elect to use the financing mechanism of the TCSD to install the minimum improvements that the City will accept for maintenance and fund it through their annual service rate assessment. The City will then maintain the road and the road will be eliminated from the maintenance zone once the property owners have paid the improvement lien. If the property owners do not wish to participate in either option, the City may vacate the maintenance responsibility at the same public hearing that service rates are established. However, it should be noted that it may be difficult to vacate the maintenance responsibilities once they have been accepted. FISCAL IMPACT: The residents along John Warner have submitted the attached petition indicating a willingness to share in the cost of improving their road. However, the residents along Liefer have submitted no formal petition and many of them have indicated any cost is too high. Both areas consist of several large vacant lots with the Liefer Road area also having mobile homes located on some of the parcels. If proposed Maintenance Zones were established, as shown on Exhibits 3 and 4, with the minimum improvements as shown, the following costs per parcel could be anticipated. If the roads were to be improved to a graded dirt road standard with culverts installed, the residents could anticipate the following costs: Liefer Rd.: Grade and compact sub-base, install 2 - 24" culverts, and stabilize with Calcium Chloride 2,000 (Culverts Only - $ 5,000) John Warner Rd.: Grade and compact road, install 5 culverts along with grouted rip-rap $50,000 (Culverts Only - $45,000) -4- pw01 \agdrpt\92\ 1124\meintnon.mrs 1117B Liefer Rd.: John Warner Rd.: PROBABLE NUMBER PROBABLE CONSTRUCTION ANNUAL MAINT. OF CONSTRUCTION COST PER COST PER PARCELS COST PARCEL PARCEL 50 $12,000 $240 $564 39 $50,000 ' $1,282 $376 The above analysis was simply based on cost per parcel. The formation of a Service Level would most likely consider items such as front footage and direct access when spreading the benefit, and may result in lower cost to some parcels· The initial cost could be amortized over five years. In an effort to provide some assistance to the residents of these areas during times of flooding, the Council may wish to consider installing only culverts within the existing street right-of-way and not accept the street for maintenance. This would involve accepting the existing offers of right-of-way along Liefer Road and obtaining drainage easements from all property owners within the affected drainage areas. The cost of the improvements and associated maintenance will then be reimbursed to the City as a condition of any future Assessment District or TCSD Service Level. This does not remove the desert crossing at Liefer and does not include emergency maintenance costs. A petition from the residents adjacent to John Warner Road indicating their support for culverts is attached. A proposed questionnaire of property owners in each proposed Maintenance Zone is enclosed for your review· If the Council chooses to install only minimal drainage improvements, funds are available in the Public Works Drainage Facilities Maintenance Account No. 100-164-999-5401. Attachments: 2. 3. 4. 5. 6. 7. Resolution No. 92- Petition from John Warner Road Residents Map of Proposed Liefer Road Maintenance Zone Map of Proposed John Warner Maintenance Zone Mail Survey Form GFB Letter Community Service District Code; Section 61600 (j)(k) -5- pwO1\agdrpt~92~l 124\maintnon.mrs T117B RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR STREET AND PUBLIC UTILITY PURPOSES, BUT NOT ACCEPTING INTO THE CITY-MAINTAINED STREET SYSTEM, LIEFER ROAD. The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, Liefer Road as depicted in Exhibit "A" attached hereto, has been offered for dedication to the City; WHEREAS, the legal description for Liefer Road is set forth in Exhibit "B", attached hereto; WHEREAS, Liefer Road has not been accepted as a public street and .the City desires that the offers of dedication be accepted; WHEREAS, Liefer Road has not been constructed to City standard at this time; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula accepts the offers of dedication of Liefer Road. Section 2. That City of Temecula does not accept Liefer Road into the City- maintained street system at this time. 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 at a regular meeting held on the day of , 1992. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] p:aycncilqider.m - 6- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Tem~ula, California, do hereby certify that the foregoing Resolution No. 92- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of , 1992, by the following yore: AYP, S: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: pw01 ~egdrpt~92H 124\maintnon.mre 1117B /!-rr A c . l EXHIBIT EXHIBIT "B" TO RESOLUTION NO. 92- Offers of Dedication and Declarations of Dedication, recorded but not accepted by the Riverside County Board of Supervisors, referenced on the following Parcel Maps:' Offer of 66 ft. Road and Public Utilities easement as recorded as Instrument No. 119016, recorded December 5, 1968 as shown on Parcel Map per Book 1, pages 44 to 46 of Parcel Maps. Declaration of Dedication of 66 ft. road and utilities easement as recorded as Instrument No. 18940, recorded February 18, 1975 as shown on Parcel Map No. 6276, recorded in Book 17, page 9 of Parcel Maps. Road and Public Utility easements per deeds recorded as Instruments No. 19223 and No. 16042, recorded February 27, 1969, and February 6, 1973 respectively, as shown on Parcel Map No. 6568, recorded in Book 26, pages 34 and 35 of Parcel Maps. Declaration of Dedication of 66 ft. road and public utilities easement recorded as Instrument No. 66342, recorded June 6, 1975, as shown on Parcel Map No. 6791, recorded in Book 25, pages 59 and 60 of Parcel Maps. Public road and public utility easement as recorded as Instrument No. 18940, recorded February 18, 1975, as shown on Parcel Map No. 7822, recorded in Book 29, pages 60 and 61 of Parcel Maps. Offers of dedication for road and public utility purposes made on Parcel Maps, but not accepted by The Riverside County Board of Supervisors: Lots "E" and "F" on Parcel Map No. 6568, recorded in Book 26, pages 34 and 35 of Parcel Maps. Lot "B" on Parcel Map No. 6791, recorded in Book 25, pages 59 and 60 of Parcel Maps. Lot "B" on Parcel Map No. 7822, recorded in Book 29, pages 60 and 61 of Parcel Maps. Lots "A" and "B" on Parcel Map' No. 7979, recorded in Book 33, pages 73 and 74 of Parcel Maps. Lot "A" on Parcel Map No. 10426, recorded in Book 57, page 84 of Parcel Maps. Lots "G" and "H" on Parcel Map No. 10838, recorded in Book 56, page 42 of Parcel Maps. p:c~c~f~r.nm -9- pw01%agdrpt\92\1124\maintnon.mrs 1117B Lot "C" on Parcel Map No. 13049, recorded in Book 95, page 35 of Parcel Maps. Lots "A" and "B" on Parcel Map No. 13261, recorded in Book 70, page 6 of Parcel Maps. Offers of dedication for street and public utility purposes, accepted by the Riverside County Board of Supervisors for vesting purposes but not as a part of the road-maintained system, as indicated on the following Parcel Maps: Lots "C", "D", and "E" on Parcel Map No. 18022, recorded in Book 112, pages 28 and 29 of Parcel Maps. Lot "A" on Parcel Map No. 18510, recorded in Book 109, pages 86 and 87 of Parcel maps. Lots "A", "B", and "C" on Parcel Map No. 19826, recorded in Book 124, pages 32 and 33 of Parcel Maps. Lots "A" and "B" on Parcel Map No. 21051, recorded in Book 137, pages 44 and 45 of Parcel Maps. All recording data refers to Riverside County Recorder's Office. p:aymcil%liefer.m - 1 O- pw01 ~,agdrptX92%1124%maintnon.mrs 1117B 7 .... '7-..(~CJ/'4'II' ............... . . ~- \ / / \~-~ FUTURe CULV~'I' .... Pi~OPOSEP !~OAP MAINTE_-NANC~' I! I ': : !/ ,/. // /// /' II I I II ,I I , 7 ,__--Jr I il II II II II II II I1 · / H' II dl LOCATION MAP TCSD PROPOSED ROAD LIEFER RIO, OF PARCg'L~: MAINTENANCE ZONE ROAD STREET LENGTH: z'/'~70O' i LEgeND Q-B.vrU/~E CULVERT · CROSSIN6 " Location Map N. T. S. .... FIfOPOSED ROAP ~ / ~A/NTEJ~d~IGE ZONE -- 50UNDARY - .- ~ PETITIONE'~ (q~ Teed PROPOSED R~D MAINTENANC~ ZONE OONN WA RNER ROAD ~0. OF FARCES: City of Temecula 43174 Bus~ness Park Dnve · Temecula, California 92590 (909) 694-1989 · FAX (909i 694-1999 November 17, 1992 Dear Property Owner: The past several rainy seasons have resulted in erosion damage to Liefer Road, making this road inaccessible during and following rainstorm runoff. Although this street is not a part of the City-maintained street system, some of your neighbors have requested that the City of Temecula consider the installation of drainage facilities and road grading to form a two-lane .rDadway in Liefer Road. One of the considerations for performing this work is the willingness of the benefited property owners to participate in the funding for the initial construction and for annual maintenance COSTS. The estimated maintenance costs average $600 per year for a 100-foot frontage. Parcels gaining the benefit of the Liefer Road roadway improvement, but not directly fronting on Liefer Road, would be participating in the construction and maintenance costs as well. The initial costs to the property would be higher due to the inclusion of the construction expense, however this amount could be amortized over a 3 - 5 year period. We have included a stamped postcard for your response to the following questions: 1. I (we) do not wish to participate at all. I (we) are willing to accept an assessment between $0 and $600 per year for road purposes. I (we) are willing to accept an assessment between $600 and $1000 per year for road purposes. We would appreciate your response by December 1, 1992. Should you require additional information or clarification, please call Scott Harvey at (909) 694-6411. Sincerely yours, Tim D. Serlet, Director of Public Works/City Engineer Enclosures: Postcard and Exhibit "A" pw01 \agdrpt~92\l 124\lieferJtr 111792 PROPOSED ROAD MAINTENANCE ZONE LIB:I~ ROAD IPlease return by December 1, 1992) Per the enclosed letter sad map regarding the Proposed Road Maintensace Zone ("PRMZ") area, please indicate your preference of participation for the PRMZ: 1. I (we) do not wish to participate at all. 2. I (we) ere wling to accept sa assessment between $0 to $600 per year for road purposes. 3. I (we) ere willing to accept sa assessment between $ 600 to $1,000 per year for road purposes. Please indicate your preference number (1, 2 or 3) from above: Comments: {Name-Please Print) (Addtees) (Signature) pw01 \agdrpt%92\l 124%liefer.ltr C GFB & ASSOCIATES, INC. Land Development Consultants November 5, 1'992 City of Temecula P.O. Box 3000 Temecula, Ca. 92390 Attn: Mr. Tim Serlet, RE: City Engineer ' Interim De-Silting Basins Tom Simm's Property-Santiago Road Engineering Planning Surveying JN: R567-0101 ..... : NOV!3 I ENGL'.jEE~h,j.G :3EPARTn~tENT Dear Tim: Our Client, Mr. Tom Simms, was very pleased to cooperate with the City by allowing the placement of desilting basins in the natural drainage course which passes through his property parallel with the Santiago Road frontage. We understand upstream erosion, resulting from the wash out of unimproved Santiago and John Warner Roads, creates flooding problems downstream because the silt fills up the downstream storm drains. C Mr. Simms has personally spent over $50,000.00 trying to form an assessment district to improve Santiago and John-Warner Roads, without success, which would probably solve the erosion problems currently being addressed. Mr. Simms has addressed a letter to the City Manager and Council regarding his concerns about the public health and safety risk associated with the lack of pavement and drainage improvement of Santiago and John Warner Roads. Perhaps our letter could also be shared with the City Council which demonstrates Mr. Simm's cooperation and concerns about his neighbors. Yours very truly, GFB & ASSOCIATES, INC. resident CC: Mr. Tom Simms Mr. Hal Hefner GFB:sm -C 6809 INDIANA AVENUE, SUITE 201 · RIVERSIDE, CA 92506 · {714) 781-0811 ."'T;'-' " ¢...r."' .le 6 :tlon :600 .605 .610 627 650 710 20.1 720 7.01 740 742 or- es. cy ns n- DiV. 3 See. 61601.95. PURPOSES § 61600 Lake Arrowhead community service district; collection, treat- ment, etc. of sewage and wahte ~ater of inhabitants outside its boundaries; conditions. 61601.10. El Doraelo Hills Community Services District; enforcement of tract covenants, conditions and restrictions; architect- ural control committee duties. 61601.11. E1 Dorado Hills Community Services District; electrical en- ergy supply works and services; acquisition from utilities; revenue bonds; surplus works or energy. 61601.12.. Additional purposes; submission of proposition of additional powers to voters. 61602. Divestiture of powers. Ol~apten' 1 wo~ added b~l Brats.1955, c. 1746, p. 821S, § 8. ~ee Histo~cal Note usu~r Div~on l~eading preced~n4 § 61000. § 61600. n erauo- of purpo__ A district formed under this law may exercise the powers herein- after granted for such of the following purposes as have been desig- nated in the petition for formation of such district and for such oth- ers of the following purposes as the district shall adopt as hereinafter provided: (a) To supply the inhabitants of the district with water for do- mestic use, irrigation, sanitation, industrial use, fire protection, and recreation. (b) The collection, treatment or disposal of sewage, waste and storm water of the district and its inhabitants. (c) The collection or disposal of garbage or refuse matter. (d) Protection against fire. (e) Public recreation by means of parks, including, but not lim- ited to, aquatic parks and recreational harbors, playgrounds, goff courses, swimming pools or recreation buildings. (f) Street lighting. (g) Mosquito abatement. (h) The equipment and maintenance of a police department or other police protection to protect and safeguard life and property. (i) To acquire sites for, consU'uct, and maintain library build- ings, and to cooperate with other governmental agencies for library service. · (J) The opening, w~.dening, extending, straightening, surfacing, and maintaining, in whole or part of any street in such district, .sub- 377 § 61600 COMMUNITY SERVICES DISTRICTS Title 6 ject to the consent of the governing body of the county or city in which' said improvement is to be made. (k) The construction and improvement' of" bridges, culverts, curbs, gutters, drajxm, and works incidental to the purposes specified in subdivision (j) , subject to the consent of the governing body of the county or city in which said improvement is to be made. (Z) The conversion of existing overhead electric and communica- tion facilities to underground locations, which facilities are owned and operated by either a "public agency" or a "public utility" as de- fined in Section 5896.2 of the Streets and Highways Code, and to t~ke proceedings for and to finance the cost of such conversion in accord- ance with the provisions of Chapter 28 (commencing with Section 5896.1) of Pan 3 of Division 7 of the Streets and Highways Code, subject to the consent of the public agency or public utility responsi- ble for the owning, operation and maintenance of such facilities. Nothing herein contained shall be construed as giving a district formed under this la"~; the. power to install, own or operate such facil- ities as are described in this subdivision. (m) To contract for ambulance service to serve the residents of the district as convenience requires, if a majority of the voters in the district, voting in an election thereon, approve. (n) To provide and maintain public airports and landing places for aerial traffic. (o) To provide transportation services. (Added by Stars.1955, c. 1746, p. 3213, § 3. Amended by State.1955,. c. 1487, p. 2699, § 2; Slats.1955, c. 1577, p. 3012, § 2; Stat~.1957, c. 66, p. 637, § 11; State.1957, c. 1265, p. 2569, § 1; Slats.1959, c. 653, p. 2629, § 1; State.1959, c. 1600, p. 3970, § 1; Stars.1963, c. 2067, p. 4315, § 6; Slats. 1968, c. 338, p. 723, § 1; State.1971, c. 182, p. 249, § 2, elf. June 25, 1971; Stars.1972, c. 258, p. 508, § 1; State.1979, c. 157, p. 352, § 2, elf. June 27, 1979; Slats.1980, c. 296, p. 622, § 2.) Historical Note The 1955 amendments added subds. (i), (j) and (k) [see 1957 amendments note]- Slats.1955, c. 1487, p. 2699, § 3, pro- vided as follows: "Section 2 of this act [amendjtng this section] shall become operative only i~ Senate Bill No. 1714 of the 1955 General Session [Stats~1955, c. 1746, p. 3204] is enacted into law and in such case at the same time as said Senate Bill No. 1714 takes effect: at which fixne Section 1 (amending forme~, §60600] of tl~.is act ~s repealed." Slats.1955, e. 1677, p. 3013, § 3, pro- vided as follows: "Section 2 of title act [amending this section] shall become operative only t~ Sentate Bill No. 1714 of the 1955 General Session [Sta~sJ955, c. 1746, p. 3204] is enacted into law and in sucit case at the same time as said Senate Bill No. 1714 takes effect; at which time Section 1 of this act [amending former § 6~00] is re- pealed." The 1957 amendments added a new subd. (l), relating to libraries; and deleted former subds. (i), (j), and (k), relating to water tor irrigation, street improve- 378 Div. 3 men~, a: ly. The If ing aqua ]Dora" tO and (k). and miec lion and The 1[ fimited ! (e). Californl Cornsun Content: County ~ Flood cc Garbage Improve Irrigatic biosquit, Permiss~ Police p: Power o Recreat! Sanitary -~ewer n' Street li Vector t Munic~ CJ.S. seq. Ijbrar Airport Ere Land Urban Water Water Water FIre Police Water I. Com the fo DEPARTMENTAL REPORTS TO: FROM: DATE: SUBJECT: APPROVAL: CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony Elmo, Chief Building Official November 24, 1992 Building and Safety October Activity Report RECOMMENDATION: Receive and File DISCUSSION: Building permit activity continues to fluctuate from month to month. Building related permits totaled 453 as compared to 324 in September representing building construction valuation of approximately $8,562,769. There were 80 new housing starts for the month. New housing starts for this Fiscal Year thus far totals 245. The Department collected revenue totaling $214,017. Enforcement of illegal subdivision sign installations began October 15, 1992, in conjunction with the kiosk directional sign program along with enforcement of illegal weekend sign installations. The following is an update of projects of special note that staff is currently involved with and/or recently completed: New Construction Percent Completed Rancho California Water District Headquarters Tamura Corporation Danny's Carwash Chili's Restaurant Pep Boys Carl's Jr. 40% 100% 100% 3O% 30% 70% V:%WP%Agenda. Rep%CCCMOct. Rpt This Month . _aNS ut~CE~u: 5 Residential Commercial 5 Indus t /Warehse Others 15 TOTAL: 25. O0 PERMITS ISSUED: Value CITY OF -,-a?IECITLA DEPArtMENT OF BEFILDZNG AMD SAFETY Noz~thl y A~ti vi L-y aeport For: October, · ~Last = ~ i!~ This Last Month ' =Fiscal ~Yr/Da~te ~ Year ' 10 36 18 15 34 4 8 29.00 78.00 171 108 538 8,562,769 8,971,993 34,245,858 1992 '~=] Last This Calendar Calandar ~ Yr/Da te Yr/Da te 33 46 17 78 86 1 5 6 1'0 40 136 46. O0 156. O0 274. O0 414 1,350 1318 22,161,632 93,039,351 74,497,177 Fees 185,873 ELECTP, ZCAL 127 Fees 9,483 PLUMBING 62 Fees 12, '891 NNC3aaNICAL 93 Fees 5,770 TOTAL PEEMITS : 453. O0 ~TEAL FEES: 214,017 THIS ~B. EOzrz~:iS NO. OF BLDG PE~NIrTS : P~EP, MITS SINGLE FAMILY 80 DUPr. fT tfiJL TZ - FAMIL Y ~CIAL 2 IMDUSTR. LAL MELOCATE/DMMO SWIBIZrNG POOLS 7 SIGNS 15 OTwR~ 42 ALTEr/ADD TO DBeTnT. TNG 14 TO C61~IE~CI4~L 11 TOTAL: 171 This Fiscal Year to DaCe: Last Fiscal Year to Date: 51,743 340,968 118,477 445,237 565,032 83 452 278 .887 1,055 7,684 33,028 25,181 78,295 82,898 68 273 200 673 694 9,832 28,153 24,338 79,101 96,174 65 304 152 550 713 5,221 21,032 i1,487 36,215 47,298 324.00 1,567.00 1,044.00 3,460.00 3,780.00 74,480.00 423,181.00 179,483.00 638,848.00 791,402.00 245 17,823 170,106 14 2,361 3,344 1 27 613 1,029 47 359 962 136 1,638 2,699 32 36 1 539.00 34,245.858 22,161,632 551 1,624 2,403 6,109 25,748. O0 185,873. O0 187,929.00 6,905,226 0.00 0.00 5,705.00 809,740 0.00 0,00 1,642. O0 71,725 1,321 . 00 21,841 4,337.00 167,667 2,175.00 Ill, 756 8,512. O0 474,814 0.00 211,621.00 8,562,769 This Calendar Year to Date: 74,497,177 Last Calendar Year to Date:. 93,039,351 3J emilme 20 MONTH REPORT Oi',,S INSPECTIONS 1,400 .......................................... , ......~~.`....~~.~..~~.....~.~..........~~....~~~~....~~.~..~~.................~.~.~~.~.~~..~.~...~.........~......~`..~~.....~..~~`~~~........~~....~...~~~.``.~.~~~.~~~~..~.~..~.~......~~.~....~.....~.......~.~.~...~..~~~~.~...~~. 1,200'. ...................................'.F. 1,000 ......... I',: 800i--' ~' I I I I t. 600] - I 400i · , 200 ~i 0 MAMJ J ASOND'J FMAMJ J ASO' · ~ Series 1 MONTHS FROM MARCH 1991 TO OCTOBER 1992 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECU,LA AGENDA REPORT City Manager/City Council Gary Thornhill, Director of Planning November 24, 1992 Monthly Report RECOMMENDATION: Receive and File Discussion: The following is · summary of the Planning Department's caseload and project activity for the month of October, 1992: Caseload Activity: The department received applications for 22 administrative cases and 7 public hearing cases. The following is a breakdown of case type for public hearing items: * Development Agreement 1 * Revised Permit 1 * Extensions of Time 4 * Parcel Map I Onaoina Projects: General Plan: Public Hearings were held before the Planning Commission on October 19 and November 2, 1992. The Planning Commission reached · consensus on the Public Safety, Noise, Air Quality, Community Design, Economic Development, Growth Management/Public Facilities. The open space/conservation element received lengthy public testimony and was continued to the November 2, 1992 meeting. At that meeting, the Commission directed Staff to remove the draft recreation trails exhibit from the Open Space/Conservation Element. The Commission then reached · consensus on the Open Space/Conservation, Housing and Circulation elements. At the November 23rd meeting, Staff will bring back additional analysis for the Commission regarding North General Kearney's inclusion in the Circulation Plan. In addition, the Commission will review the Land Use Element. S~IONTHLY. RIrI~1992~OCI'.92 vgw A General Plan meeting has been scheduled for December 7, 1992 to complete the Land Use Element, as necessary, discuss the Environmental Impact Report and take formal action on the draft General Plan. Old Town Master Plan: The Old Town Steering Committee (OTSC) met on October 15, 1992, and developed the preferred Land Use Plan and the Recommended circulation alternative for. Old Town. The preferred land use and circulation plans will be presented to the City Council and Planning Commission at a November 18, 1992 meeting. · French Valley Airoort: City Staff sent a comment letter to the ALUC on October 7, 1992, stating the City's concerns on the draft Comprehensive Land Use Plan. Temecula Regional Center Soecific Plan and Environmental Imoact Reoort: This Specific Plan was presented at a Planning Commission Workshop on May 4, 1992. The Commissioners gave direction to the applicant and staff. This Specific Plan is currently undergoing revisions in preparation for a Planning Commission hearing. Winchester Hills and Camoos Verdes Soecific Plans and Environmental Imoact Reoorts: These Specific Plans were discussed at a Planning Commission Workshop on May 4,. 1992. The Commissioners gave direction to the applicant and staff. The Notice of Completion for the Campos Verdes EIR went to State Clearinghouse July 10, 1992. Both of these Specific Plans are currently undergoing revisions in preparation for a Planning Commission hearing. Rorioaugh Hills Specific Plan: This Specific Plan has not yet been filed with the Planning Department. The plan proposes to develop 800 acres at an overall density of 3 units per acre and will contain approximately 30 acres of open space, neighborhood commercial and two elementary schools. A pre- 'application workshop on this Specific Plan was held at the July 6, 1992 Planning Commission meeting. Murdv Ranch Specific Plan and Environmental Impact RepOrt: This Specific Plan was presented to the Planning Commission at a Workshop on April 6, 1992. The Commission provided Staff and the applicant direction relative to design issues. The applicant has incorporated these changes into the Specific Plan. This Specific Plan will be scheduled for a Planning Commission meeting upon completion of the Development Agreement and the Congestion Management Plan. Johnson Ranch Soecific Plan: The Johnson Ranch Specific Plan is a mix of residential land uses and a mixed-use "resort village" core area on 1,765 acres located adjacent to Anza Road and Borel Road, north of Rancho California Road. This Specific Plan was submitted in early March. The Notice of Preparation was submitted to State Clearinghouse on April 17, 1992. A DRC meeting was held for this Specific Plan on May 14, 1992. A subsequent DRC date has not yet been set. S~IONTHLY.RPT%1992~)CT.92 vgw 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ,,~ Tim D. Serlet, Director of Public Works/City Engineer November 24, 1992 Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Report for October, 1992. pwO 1%egdrpt~92~1124~moeetrpt. 10 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT NOVEMBER 10, 1992 A regular meeting of the City of Temecula Community Service District was called to order Tuesday, November 10, 1992, 8:05 P..M., Temecula C.ommunity Center, 28816 Pujol Street, Temecula. President Ronald J. Parks presiding. PRESENT: 4 DIRECTORS: Birdsall, Lindemans, Mur~oz, Parks ABSENT: 1 DIRECTORS: Moore Also present were City Manager David F. Dixon, City Attorney Scott F. Field and City Clerk June S. Greek. PUBLIC COMMENT None CONSENT CALENDAR It was moved by Director Birdsall, 'seconded by Director Lindemans to approve Consent Calendar Item No. 1. The motion carried as follows: AYES: 4 NOES: 0 ABSENT: 1 DIRECTORS: Birdsall, Lindemans, Mu~oz, Parks DIRECTORS: None DIRECTORS: Moore Minutes 1.1 Approve the minutes of October 27, 1992. GENERAL MANAGERS REPORT None """ CSDMIN11110/92 -1- 11118/92 COMMUNITY SERVICES DISTRICT MINUTES DIRECTOR OF COMMUNITY SERVICES REPORT None BOARD OF DIRECTORS REPORT None NOVI:MBER 1 O, 1992 ADJOURNMENT It was moved by Director Birdsall, seconded by Director Muftoz to adjoum at 8:10 P.M. The next regular meeting of the City of Temecula Community Services District, November 24, 1992, 8:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California. ATTEST: City Clerk June S. Greek President Ronald J. Parks CSDMIN11110/92 -2- 11118/92 ITEM NO. 2 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY · FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REI~O,RT BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER NOVEMBER 24, 1992 LOMA LINDA PARK SITE PROJECT PREPARED BY: (~ GARY L. KING, DEV. SERVICES ADMINISTRATOR RECOMMENDATION: That the Board of Directors: Award contract of $40,050 to Walt Rankin and Associates, Inc. to purchase and install two (2) tot lots at the Loma Linda Park Site. DISCUSSION: The City's Capital Improvement Program for Fiscal Year 1993-97 budgeted $200,000 for improvements to the Loma Linda Road Park Site. These improvements include the installation of two (2) tot lots complete with play equipment and provisions for handicapped access. In accordance with the City's purchasing ordinance, staff released requests for qualifications (RFQ's) to several manufacturers specializing in playground equipment. · These firms provided an oral presentation to a selection committee comprised of City Staff. The firms were evaluated based upon the safety, reliability, warranty and cost of the playground equipment. As a result of this selection process, staff is recommending that the Board of Directors award the purchase and installation of the two (2) tot lots to Walt Rankin and Associates, Inc. FISCAL IMPACT: The total cost of purchase and installation of the two sets of play equipment is $40,050. Funds for this purchase are budgeted CIP account 250-190-134-5804. Z Z LOMA LIND'A i CITY 0 F TEME CULA CD066~0 SEPTEMBER 24, i 992 CYC, ONE SUOE:: GROUND SPACE -- PROTECTIVE AREA = ] 7' X 33' X SCOPE OF WORK Installation of play ground (tot lot) equipment and Play Safe Poured Surfacing per manufacturers specifications at two (2) separate location as specified in the Loma Linda Road Park Site Master Plan and further identified in the Loma Linda Road Park Site Design Plans and Specifications on file With ,~he City of Temecula, Community Services Department. NOT TO EXCEED COST 1. Play equipment 2. Play Safe Poured Surfacing Total (2 Tot Lots) 25,660.40 14,390.00 $400,050.40 SUPPLIER/INSTALLER Walt Rankin & Associates, Inc. P.O. Box 2156 La Mesa, California 92044 (619)460-4624 ITEM NO. 3 APPROVAL ~ CITY ATTORNEY FINANCE OFFICE CITY MANAGER TO: CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS FROM:. DAVID F. DIXON, CITY MANAGER DATE: NOVEMBER 24, 1992 SUBJECT: REDUCTION OF LANDSCAPE BONDS FOR TRACT 22716- 0,-2.-3,-4 - VINTAGE HILLS PREPARED BY: ,~.~,l~i/ RECOMMENDATION: BERYL YASINOSKY, SENIOR DEVELOPMENT ASSISTANT That the Board of Directors: Authorize the reduction of Landscape Improvement Bond amounts for TCSD maintenance areas within 22716-0,-2,-3, and -4 - Vintage Hills. DISCUSSION: On November 29, 1988, Landscape/Erosion Control Agreements and Surety Bonds for the above referenced development were posted with the County of Riverside Building and Safety Department by: TayCo, a .Calif. General Partnership 3991 MacArthur Boulevard, Suite 300 Newport Beach, CA 92660 The developer has since entered into new landscape agreements with the City and riders have been attached to the original bonds which change the obligee from the County of Riverside to the City of Temecula. The surety bonds were issued by American Home Assurance Company and are identified as follows: 1. Tract No. 22716-0; Bond No. PB 194 85 in the amount of $39,500. 2. Tract No. 2271 6-2; Bond No. PB 194 82 in the amount of $75,500. 3. Tract No. 22716-3; Bond No. PB 194 83 in the amount of $38,000. 4. Tract No. 22716-4; Bond No. PB 194 84 in the amount of $48,500. Agenda Report November 24, 1992 Page 2 On May 26, 1992, the City Council, acting on behalf of the Board of Directors, approved the request of Community 'Services Department to accept these tracts located in Vintage Hills for landscape mainta_nan~e purposes. Beginning with the Fiscal Year on July 1, 1992, the TCSD assumed those maintenance responsibilities from the developer. The TCSD landscape areas within these tracts have been constructed per the approved plans and inspected and approved by the City's Maintenance Superintendent. A substantial conformance letter has been issued by the original landscape architect for the project which identifies the TCSD maintenance areas and Homeowner Lot Areas. Planning Department staff has inspected the landscaping for these areas and · recommends a landscape bond reduction for Tracts 22716-0, -2, and -4. Since Tract 22716-3 has been completed and the last certificate of occupancy has been issued, staff is recommending a total exoneration of the landscape bond for this tract. Therefore, it is appropriate to reduce the Landscape Bonds to the following amounts: Tract No. 22716-0: Tract No. 2271 6-2: Tract No. 22716-3: Tract No. 22716-4: $3,950 $7,550 $-0- $4,850 Pending all final clearances, the remaining bond amounts for TCSD maintenance areas will be released approximately one year from the date of acceptance. ATTACHMENTS: 1. Riders and Landscape Bonds/Agreements 2. Staff Report, 5/26/92 RIDER Of Riverside Building & Safety AUG 12 1992 ZZ71~-"V To be attached to Bond No. PB I 94 85 ADMINISTRATION issued by AMERICAN HOME ASSURANCE COMPANY (As Surety) in the amount of THIRTY-NINE THOUSAND: FIVE HUN01~ED tANO NO/1OOTHS (S 39,500.00 ) Dollars, effective the ON BEH-A-.LP OF TAYC0 12TH clay of OCTOBER ,19 88 FAVOR OFCOUNTY OF R I VERS I DE In consideration of the premium charged for the attachedbond, it is mutually understood argiagreedby the Principal and the Surety that: NAME OF OBLIGEE IS HEREBY CHANGED FROM: COUNTY OF RIVERSIDE T0: CITY OF TEMECULA AJl other items, limitations and conditions of said bond except as herein expressly modified shall remain unchanged. This .rider shall be effective as of the 22NO day of JULY , 19 92 ' Signed, sealed and dated this the 22N0 day of JULY , 19 92 · CERTIFICATE OF ACKNOWLEDGMENT_ "ALL IN ONE" CAL-42 ..... ,--- . -:~ ~ "° "' - °" ;~""-I ?, ~ ,~?-j;';;::":':'~;':"~-~-:.:-:--~-::-:.:..: ~'(~~: name o rson or fxons I ,,if i couvrf ," ' ,a ~o P ~ j xe ' ' ' (), r the emily upon behalf of · an~ s Stgna[~t ' ' :' ~"-':-' : ';."-' : ": ? ._. : . : . : . : , ._. : . : . .:. . ._. : . ; ~ . . .' ....... ....... ?--?-_..~._,.2.2:.:.:.;.?._.:.._.???._.?._.???~.; ;an. Home Assnrance Company POWER OF ATTORNEY .ml Union Fh-~ Insnrance Company of Pittsbtu'gh, PL · Bond ~ 70 Pine ,Sent. t, ~ York. N,Y. 10270 No. (13-B-01001 V ALL MEN BY THESE PRESENTS: Amcriau Home Am~,,~r_ Company, · l~w York mrlnmtlom, asl Na~mal Urn. iota Fsr~ lmsru~ Comps=y o/Pimburlh. p~, · Pe. msytvsnia wrporsliou, ur.h herr, by rppoint _Ri,-l,,,,'d IL Hert~rg,, N. 0wens, I. iT, a l.~don, Brisn E. GaS~n: olS~n Frucis~ C. alifornia-- o~lipwry h ~ mtus~ fiw:rm:~.. ~ in the cuetee of ira busimms, axi um bind the IN WITNESS WHEREOF, Ams,icu STATE OF NEW YORK } COUI~ OF NEWYORK}M. JOS!tff I. NO~ZC:l,lO Nemmm,~ .e~d;c. 9msm e| New Y~ Me, ,.., ,..,,. ,., ~~ CERTIFICATE May la, 1~7~ RESOLYED, that t~ Chairm~ ~ tM 9es..t, tM rrmldear, ot at/Vk, rn=ident be, ~ N I~-'~%'ESS WHEREOF, Elizab~Lh,M. Turk, Se..cr~tarv FAITHFUL PERFORNANCE BOND FOR EROSION CONTROL AND LANDSCAPE IMPROVEMENTS COUNTY OF RIVERSIDE STATE OF CALIFORNIA For: Erosion Control Landscape and Irrigation Tract No. 22716 Parcel Map No. Bond No. PB19485 Surety American Home Assurance Comoanv Address 3 Embarcadero Center City 'San Francisco, CA 94111 Premium $395.00--- Principal TAYCO Address 4921 Birch St., Suite 110 Ctty Nevport Beach, CA 92660 Whereas, the County of Riverside, State of California, and TAYCO (hereinafter designated as "Principal") has entered · into, or is about to enter into, the attached Agreement whereby Principal agrees to install and complete the above-designated erosion control, landscape and irrigation improvements, relating to Tr22716 , which Agreement is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said Agreement to furnish a for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company as surety, are held and firmly bound unto the County' of Riverside, in the penal su~ of Thirty Nine ThousendFiveHundred ....... Oollars ($39,500.00 ) lawful money of' the United States for the payment of which sum well and truly to be made, we bind ourselves our heiTs successors executors and administrators jointly 'and severally, firmly by ~hese presents. ' . ' - The condition of this obligation is such that if the above :bonded' Principal his or its heirs, executors administrators successors or assigns shall in all things stand to and abide by, and' well and truly 'keep and perform the c~venants, conditions and pro- visions in the said Agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the same time and in the manner therein specified, and in' all respects according to their true intent and meaning and shall idemnify and save harmless the County of Riverside, its officers agents an~ employees, as therein stipulated then this obligation shall become null ~nd void- otherwise it shall be and remain in'full force and effect. ' As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing such obligation, all to be taxed as costs and included in any Judgemerit rendered. 284-44-1 The Surety hereby stipulates and agrees that no change, extension of time, altera' '~ or addition to the terms of the Agre~nent or to the work to be Performed thereunder or the specifications accompanying the same shall in any way affect 'its obligation on 'this bond, and it does hereby waive notice of any such change, extension of time, alteration addition or to the terms of the Agreement or to the work or to the specifications. Surety further stipulates and agrees that the Provisions of Section 2845 of the Civil Code are not a condition precedent to the Surety's obligations hereuhder and are hereby waived by the Surety. When the work covered by the Agreement is ~onfl~lete and the final planting inspection has been approved by the Building Director, the amount of the obligation of this bond is reduced- by_9o% with the.ramai._ntn__9_lOZ held as_s_e_c_u_rtty until the structure is occupied. CAT. NO, NN0~___'~_ TO 21054 CA (143) (Corpontion u · ~ of · hnaenkip) TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF Oranee ctpal and Surety f On October 28, 1988 b~m me, the ~der~med, a Noisy hbUc in ~d for ~ SQ2, ~~ ~ David B. Jackson ~ ~y ~ to ~ or ~ m me on ~ ~ of ~~ ~ m ~ ~e ~n ~o ; ~e~b~~tu~ Vice- ~m~J~( ) Ym)~vym~ym m ral Partner ............. - _, ~ ........... ': ...._ 7i ...... ' ' Fttle Fitle ~ P~,'rn,,-nh~p. the pmnmi~ that executed the within inmrunsmt, and acknowledged to me that rich corpontion executed the same u md~ parmet and that uch pannenhip exe,~t~l the eme., · iAAS~n rare IAJ j o l%- ,// { OFRCIAL SEAL DONNISE CLEMMONS '; Notary Ptitc-C~lfomtl =,::=, of Gen. Par: Id · M J · · i //~ . '~OTARY PUBLIC · (Tbb au~ fm off'~'kl ~oratbi eed) within instrument and acknowledged that he exe- cured the same. WITNESS my hand and official seal ..7:..,, ,0TARy,~B~i~.,~AL~iFORNiM ;. TYANDCOUNTY~SAN~.ANCI~COj~ My Commasstun exl~res M~y 15. 1~I) - andknow~m nt on behaff of o me that such ~ey-in-Fact o[ ; unde~slSned, ally appeared '~. XN~lI;l'l: -- I! fl me~ iCIAL SEAL ' m ARV ~LI~IF~NIA~ = O~N~ COUNTY ~ HY C). EXP. DEC, 2, 19~ 1' I :111:I~:.1_ _!7 !_el_!' , personally known to me or proved co me on the basis of satisfaaory evidence to be the person__ whose name is subscribed to the CAT. NO. NN00627 TO 1944 CA (7--82) Jm~TITLE INSURANCE · -: . . 'i~! ' (lndividu. I) AND TRUST . .t STATE OF CALIFORNIA . } COUNTY OF Orange SS. ' . . " On October 31, 1988 bcforc me, the undersigned, a Nottry Public in and for s~id Sure. person~ily ~pparcd 1Ltchard E. Pope ;. Pfi/ICipo! Bond. Office. 70 P|ne Street. New York, N.Y. 10270 POWER OF ATTORNEY No. 03-B-01001 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company. a New York corporation. and National Union Fire Insurance Company of Pittsburgh. Pa.. a Pennsylvania corporation. does each hereby appoint ---Pierre LeCompce, N. O~ens, Renee C. Bassell: of San Francisco, California--- its true and lawful Attorney(s)-in-Fact. wiffi full authority to execute on its behalf bonds. undertakings. recognizances and other contracts of indemnity and writings obligatory in the nature thereof. issued in the course of its busin,s. and to bind the respective company thereby. IN WITNESS WHEREOF. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh. have each executed these ants Pras idenc CERTIFICATE Exoerpts of Resolutions adopted by me Boards of Directors of American Home Assurance Cornmy and National Union Fie Insurance Company of Pittsburgh, Pa, on May 18, 1976: .~'RESOLVED. that the .Chairmen of the BaBe. the President. or tony Vice Presidefit ferment mcI act for end on behalf of the Company K) axecue txmclk undlrtlkingk rlcoFtiaaflclil led other colltrlctl of iillm~iW Mid wridell oedi~aterV ~ eta eamm themr. rand to ~tlmch thereto the cmrl~m reel of N Campany, in N wNaettion of is surety iMim; "RESOLVED, that the qnaNm amcl attestations of math ofrm ~cl the Nd of the ComeeW mmt I~ aftmad m any mch Power of Attorney et tO my mficlW relating NretO kN facsimile, and any mch Power of Attorney or certificate beeriq Inch foaimib lignamrel or facsimile md dtdl vliid and bifiding uDon the Carolany when so affixed MIh reelact 10 my bond, underraking, mcognilm or other central of inclemnlW or wridlll {d)iigetee? M the eattam theetof; "RESOLVED. that enV inch Attefney-imFeCt dillvetN · mid 41rtificetion thlt the forl~oieI felelutiORI radII be M effm may ieert b Bah mrtifieatien me ekte thereof, mid date m be net leer thee the ate of deliverf thetool by Nch Attorney-ie-Fact," I, Maureen P. Tully, SacraTify of American Home Auurlnce Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions aclo4~ted by the Boards of Directors of these corlxxt- tions, Ind the Powers of Attorney issued pursuant thereto. are true and correct. and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of eech corporation thisl2Ch day of . Occobe= · 8_.8. AGREE1V~NT FOR PLANTING, WALL AND/OR FENCE INIPROVEIV~NTS This Agreement, made and entered into by and between the City of Tcmecula, State of California, hereinaftcr called City, and TayCo, hereinaftcr called Contractor. FIRST: Contractor, for and in consideration of the issuance of building permits in the development of that certain land division known as Tract 22716-0 agrees, at Contractor's own cost and expense, to furnish all labor, equipment and material necessary to perform and complete in a good and workmanlike manner, all planting, wall and/or fence improvements in accordance with the approved plans in the development of said land division which have been approved by the City Building Director, and are on file in the Office of the City of Tcmccula Building and Safety Department and to do all work incidental thereto in accordance with the standards set forth in Riverside CoUnty Ordinance No. 348, as amended, which arc expressly made a part of this Agreement. All of the above required work shall be done under the inspection of and to the satisfaction of the City Building Director and shall not be deemed complete until approval of the final planting inspection is made by the Building Director. Contractor further agrees to maintain the above required improvements foilowing the approval of its installation for one year and during this period to restore, repair or replace to the satisfaction of the Building Director any defective work or labor done or defective materials furnished. The estimated cost of said work and improvements is the sum of Thirty-nine Thousand, Five Hundred Dollars r$39,500.00). ""~COND: Contractor agrees to pay to the City the actual cost of such inspections of the works and improvements as may be required by the Building Director. Contractor funher agrees that if suit is brought upon this Agreement or any bond guaranteeing the completion of the planting, wall and/or fence improvements, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Contractors including reasonable attorney's fees, and that upon entry of judgment such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the works specified in. this Agreement prior to the completion of approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Contractor, his agents or employees in the performance of the work, and all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of or arising out of the acts of omissions of Contractor, his agents and employees, in the performance of this Agreement, or arising out of the use of any patent or patented article in the performance of this Agreement. FOURTH: The Contractor hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the lands of the above referenced land division for the purpose of completing the improvements. This permission shall terminate in the event that the Contractor has completed the work within the time specified or any extension thereof granted by the Building Director. .FTH: Contractor agrees at all times, up to the completion and approval of the final planting inspection by the Building Director, to give good and adequate warning to the traveling public of each add every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such defective or dangerous conditions. SIXTH: The Contractor, his agents and employees, shall give notice to the Building Director at least 48 hot' ~" before beginning any work and shall furnish said Building Director all reasonable facilities for obtaining fun information respecting the progress and manner of work. SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the sf}eeified time, or within such extension of time as have been granted by the Building Director, or if the Contractor violates, neglects, refuses or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this Agreement and notice in writing of such default shall be served upon him. The Building Director shall have the power to terminate all rights of the Contractor because of such default. The determination by the Building Director of the question as to whether any of the terms of the Agr~ment or specifications have been violated or have not been performed satisfactorUy shah be conclusive upon the Contractor and any and all parties who may have an~ interest in the Agreement or any portion thereof. The foregoing provisions of this section shall he in addition to all other rights and remedies available to the City under law. EIGHTH: The Contractor agrees to file with City prior to the date fixis Agreement is executed a good and sufficient improvement security in any mount not less than the estimated cost of the work and improvements for the faitlLf'ul perfOrmanCe Of the terms and conditions of this Agreement, and Contractor further agrees that if the improvement security is a bond and, if the sureties on the faithful performance bond or the amount of said bonds in the opinion of the Building Director becomes insufficient, Contractor agr~s to *renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten days after being notified by the Building Director that the sureties or amounts are insufficier~ Notwithstanding any other provision herein, if Contractor fails to take such action as is necessary to .comp}~''- with said notice, he shall be in default of this Agreement unless all requix~ improvements axe completed withh. 90 days of the date on which the Building Director notified the Contractor of the insufficiency of the sureties or the amount of the bonds or both. NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement that, in the event it is deemed necessary to extend the time of completion of the work contemplated. to be done under this Agreement extensions of time may be granted from time to time by the Building Director either at his own option or upon request of the Contractor, and such extension Shall in no way affect the validity of this Agreement or release the surety or sureties on said bonds. Contractor further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein. TENTH: It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the fights and obligations of the parties shall be constructed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. g:r-gVENTH: Any notice or notices requix~ or permitted to be given pursuant to this Agreement shall $XFORMSXA(~R- 1 -2 - served on the other party by mail, postage prepaid, at the following addresses: TWELFTH: This agreement shall supersede that agreement entitled: Agreement for Erosion Control and 'andsape Improvements between The County of Riverside, and TayCo, dated 11/29/88. City: Contractor: Director of Building & Safety City of Temecuh 43180 Business Park Dr., Suite 200 Temecuh, CA 92390 TayCo, a Callf. General Partnership 3991- FieArthur 'Boulevard "Suite 300 - Newport Beach, CA 92660 IN WITNESS WI4h'rREOF Contractor has affixed his name, address and seal. Dated: ~] {'L, (1~['v Title: STATE OF CALIFORNIA, ) ) SS. ) me, ~e un~ni~, a No~ hbHc h nd for , personally appeared s~id , ~own W me W ~ ~e Co~mfion ~at ex~u~ ~e wi~ ~ment, ~own to me w ~ ~e ~mn who ex~u~ ~ wi~ hs~ment, on ~ of ~e Co~~, them~ nm~, nd ac~owl~e to me ~t such Co~mfion ex~ut~ ~e he. S~FORMS~AGR- 1 -3- WI'l~my hand and official, seal. d for said State  OFFICIAL NOTARY ~SEAL I, AURALCYHARA RIDER RE4 ED BL~c~nX & Safer7 AUS 1 ~ 1991E To be attached to Bond No. PBI 94 82 AMER I CAN HOME ASSURANCE COMPANY (As Surety) in the amount of SEVENTY-FIVE THOUSAND Dollars, effectiTe the ADMINISTRATION FIVE HUNDRED AND NO/IOOTHS (s '/5,500. O0 12TH day of OCTOBER' ,19, S8 issued b ON B12..HAL12 012 TAY CO IN 12AVOR 012COUNTY OF R I VERS I DE In consideration of thepremium charged for the attachedbond, it is mutually underst_N~ai__snd a~eedby the Principal and t Suretythat: NAME OF OBLIGEE IS HEREBY CHANGED FROM: COUNTY OF RIVERSIDE TO: CITY OF TEMECULA All other items, limitations and conditions 'of said bond except as herein expressly modified shall remain unchanged. This rider shall be effective ,e of the 22NO day of JULY ,19 g2 Signed, sealed and dated this the 22NO day of JULY ,19 02 CERTIFICATE OF AC TAYC0 ' :~'~;,l,~,~,~,".,,,. , ,, KNOWLE ped a C. IA ~ m .!~ ,,,,, 0, ~,,0;;;: ....; :- .; : - -; .; .; .; .; '.?.?~-~_ ; ':,, , ,- ,~ o,,~..· - . (a~e ' omia, PersonalXy aPPeared z · and for ~e n i basis of sads[,...l~eG~~ ,...., ......., '.:::,,., ,0 .. : (h~heth--~r7 cu~ed the same in . Notary Seal: q~4 ~."'~'~ "-, ~.:. ............ :~ l~oed Offsz: 19 !'tin: ~ New York. N.Y. 1.O~ No. 03-B=01001 '~ ALL MEN BY THESE PRESENTS: .,R.i,'",,'d R. H~.rtzberg, N. C)w~ Lisa I~ngdon, Brian E. Gaw,, of San Franci.zo,.Callfornia-- iw n'~e and lawful AX'tm'ne~s~in.-Faa, wi,h full authority m e=~eut~ m its be. haft bonds, ~ rt. ec~.~,,,.~ and other ~tmu'a~s ~ indemnity and ~itinp · . in na ,' in ' ' androb' · . STATE OF NEW' YORK COUNTY OF NEWYORI}M. · On this , 7 day er aunm , ~ .ranam Company and Na6onal Union Fu~ Imuranam Company JOSB,~ I. NOlO N~m".r PuN;c, S~000 el Ntw Ycrk No, 01-NC)~S2~'Sdl O,,.',.e ,,, W..-,.. ~ on May It 197~: · RF.,SOL~D, mat tM Cm,~-znaa ol ug ~ ~ ~n~ ~ ~ v~ P~I ~ ~ ~ ~ au~ m a~t A~ ~F~ m ~ md and m ,~ ~m ~ ~g ~ ~ ~ ~y. ~ ~ t~ ~ im ~,~ ~ ~g ~m ~ f~ ~ ~ ~ ~ ~ A~ ~~ ~ ~ f~ ~ ~ f~ ~ ~ ~ ~ ~ b~ u~ ~ WrrNESS WHEREOF, ~fi-~beth M. Tuc. k, Se, crctaz7 · ~ational Union Fire Inm~ance Comi of Pittsburgh, Pa. InCiPll lone O!flte. 70 Pine Street. New York, N.Y. 10770 POWER OF ATTORNEY No. 03-B-OlO01 KNOW ALL MEN BY THESE PRESENTS: ~' That American Home Assurance Cornpiny, l New York corporation. and National Union Fire Insurance Company of Pittsburgh. Pa.. a Pennsylvania corporation, does each hereby appoint ---Pierre LeCompte, N. Ovens, Renee G. BasseL: I of San Francisco, California--- its true and lawful Atto~ney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the naNre ~ereof, ironed in the cotam of its business, and To bind the respective commy thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insure Company of Pittsburgh, Pa. have each execute these presents Edvtrd J. Fr~mch, Vice President COUNTY OF NEW YORK '} o-e/, 6 ~ee Nay- A~/~f~m me ~ante the alxxee framed offitef ~a C~ny ~ Nat~ Un~ Fire In~a~ ~y ~E~ L D ~ ~r mriad Min, ~ gk~-As& d Wt ~ uG~ ee ~. 03-475t3 ' f~q im~t ~ 8ffbN me ""'" """ "'= CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Coralany and National union Fie Insurance Coralany of Pittsburgh, P& on May 18, 1976: j"RESOLVED, that the Claim me of the leeel. the Presidefit. et e~v Vice President be, led hereby ik authorized to elkPolar Attce,jyl in-Flit to · riprecent IfXcl ect for and on behalf of the Cornpiny to execute bona, undertakings, rlcognillnell led other co~trlcls of Jndlmnity end 1nildell oldignite/in ehe f~Nm ~mreof, taxi to leech roefete me ewearea eed ef the Camlacy, in me Ireneeerier ef ia sureW Ixasmeel; "RESOLVED, thee the Nitsturns and atlaltieas ef eaeh offieers eed the seat ef the CamOeny reef I;e affixed to ey Nch Proear ef Attemef er t9 my mfk=lw relatinf theret~ ~ fro:simile, e~l arty Nch Peer Of Ate ot certificate beerie~ Nch feb lilaetum er flclimile led Ihlll lie vetid led Illiadiq Upon the CenNleny whefi le I~iaed e alpact ~ Iny bo~. unde'lkinl, e~nilam er ~her eefitre=t ~f bdefmiW ~' wrtdel "RESOLVED. that say inch Attenef-imFl~t dativerag I mwisi mifkafi~ that N foelgoifi~ relc~uliom Itill bl ia efflct mill iellrt in ~ mrttfketiee me date roereef, said dew m be e~t l~mr men me dam of {teliverf thereof tW Nch Atterney-ie-Fa=t" I, Mlureen P. TulIV, Secretary of American Home Assurance Company and of National Union FiN insurmca Company of Pitaburgh, Pa. do hereby certihf that the foregoing excerpts of Resolutions adopted by the Boards of Directors of thee corgora- tiora, and the Powers Gf Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powere ef Attarnay are in furl form and effe=t, IN WITNESS WHEREOF, I hee hereunto set my hand and affixed the facsimile seal of em:h corporation ~3240 Maureen P. TuIIy, Secre~ry ~ mis12:hday~ .October .198.8__~. I- + r I: II .,,I · · The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect 'its obligation on ~his bond, and it does hereby waive notice of any such change, extension of time, alteration Dr addition to the terms of the Agreement or to the work or to the specifications. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to the Surety's obligations hereuhder and are hereby waived by the Surety. TICOR TITLE INSURANCE CAT. NO, NN00636 TO 21954 CA (1--83) (Corporadon as a Partner of z Partnership) STATE OF CALIFORNIA COUNTY OF Orange On October 28, 1988 before me, the undersigned, a Notary PubLic in and for said State, penorally appeared David B. Jackson petionally known to me or proved to me on the ba.~is of u~efaaory evidence to be the person who executed the within insu'lh-nent as the Vice- President, ]lm4,m~l!lw,x~1,z.m,zl~1ym,x, myym,rmymymv ............... 'P' .... '$"--.- '~' ~, :'TIt :""-Sa.,mkekgk ...... :,kmimlmlmmn,i~mm Costsin Home.q The, the corpora ion that execu .e(l the with' ' ent behalf of ~ayCo, a Ca~zfornia ~enem~ra on P;T'i'ne~'eh~p, the Ixrme=mbip that executed the within instrument, and acknowtedBed to me that such corporation executed the .sttl)e ss such partne~ and that such pannership executed the same, WITNESS m ' an an~ o s ' , SigllattJre ~Ak 17~~A~/'~# · -- ,/,-,<atom, -- m · CAT. NO. NN00627 TO 194,4 CA (Individual) ,d~'m'RmX, XmXm'rm~mXmX'mXXmXm=Ge.~,m.a,_,~ of ;~4yf.,unm. be. Mer. 9. 1gg0 (This Lees for otFzcjd notmid reed) A.~mmmcememmmff STATE OF CALIFOIUqlA } S$. COUNTY OF OrRnFe On October 31, 1988 before me, the undersiLreed, a Notan/Public in and for tLtchard E. Pope s21d State, personally appeared , penonally known to me or proved to me on the basis of $arj~fac~on/evidence to be the petson__whose name is subscribed to the within insttument and acknowledged ti~t he exe- cuted the same. WITNESS my hand and official (This mrr~ for of~cisl notadm.I me`i) ing inspection of this bond is occupied. pal and 'Surety L Mgr. nf :le ;le :le unden Sned, Uy appured -'y-in-Fact o~ N. UWFNS NOTARY PUBLIC CALIFORNIA ':- CITY AND COUNTY OF SAN FRANCISCO ~ My ~ ex;res May 15, 1990 Fm ,dllelllltltlllllllllllelellstllllllllllllllllllllllll,m, MA-m.e~ REO lees) 1U .... , and known to .... .~ u,= person who executed the said ins)t on beha~ o~ the Corporation thereto named, and acknowledged to me that such Corporation executed the same. NOTARY PUBUC the Building Director, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such defective or dangerous conditions. SIXTH: The Contractor, his agents and employees, shall give notice to the Building Director at least 48 hot ~ before beginning any work and shall furnish said Building DirecWr all reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the s/~cified time., or within such extension of time as have been granted by the Building Director, or ff the Contractor violates, neglects, refuses or fails to perform satisfactorily any of the provisions of the plans and stP~ifications, he shall be in default of this Agreemere and notice in writing of such default shall be served upon him. The Building Director shall have the power to terminate all fights of the Contractor becaus~ of such default. The determination by the Building Director of the question as to whether any of the terms of the Agreement or specifications have been violated or have not been performed satisfactorily shall be conclusive upon the Contractor and any and all paxties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the City under hw. EIGHTH: The Contractor agrees to file with City prior to the date this Agreement is executed a good and sufficient improvement security in any mount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and Contractor further agrees that · if the improvement security is a bond and, if the sureties on the faithful performance bond or the mount of said bonds in the opinion of the Building Director becomes insufficient, Contractor agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the mount of said bonds, or both, within ten days after being notified by the Building Director that the sureties or mounts are insufficier Notwithstanding any other provision herein, if Contractor fails to take such action as is necessary to comp~' with said notice, he shall be in default of this Agreement unless all required improvements are completed within 90 days of the date on which the Building Director notified the Contractor of the insufficiency of the sureties or the amount of the bonds or both. NINTH: It is funher agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement extensions of time may' .be granted from time to time by the Building Director either at his own option or upon request of the Contractor, and such extension shall in no way affect the validity of this Agreement or release the surety or sureties on said bOnds. Contractor further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein. TENTH: It is understood and agreed by the parties hereto that if any pan, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the paxties shall be constructed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. ~-wv'BN'I'H: Any notice or notices requh'ed or permitted to be given pursuant to this Agreement shall $\FORIVI~XAGR-1 -2- AGREEM'E~ FOR PLANTING, WALL AND/OR FENCE IMPROVEMY~NTS This Agreement, made and entered into by and between the City of Temecula, State of California, hereinafter called City, and TayCo, hereinafter'called Contractor. WITNESSETH FIRST: Contractor, for and in consideration Of the issuance of building permits in the development of that certain land division known as Tract 22716-2 agrees, at Contractor's own cost and expense, to furnish all labor, equipment and material necessary to perform and complete in a good and workmanlike manner, all planting, wall and/or fence improvements in accordance with the approved plans in the development of said land division which have been approved by the City Building Director, and are on f~e in the Office of the City of Temecula Building and Safety Department and tO do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 348, as mended, which are expressly made a part of this Agreement. All of the above recluixcd work shall be done under the inspection of and to the satisfaction of the City Building Director and shall not be deemed complete until approval of the final planting inspection is made by the Building Dir~tor. Contractor further agrees to maintain the above required improvements following the approval of its installation for one year and during this period to restore, repair or replace to the satisfaction of the Building Director any defective work or labor done or defective materials furnished. The estimated cost of said work and improvements is the sum of Seventy-five Thousand, Five HUndred DollarS t$75,500.00). "ECOND: Contractor agrees to pay to the 'City the actual cost of such inspections of the works and . improvements as may be required by the Building Director. Contractor further agrees that if suit is brought upon this Agreement or any bond guaranteeing the. completion of the planting, wall and/or fence improvements, all costs and reasonable 'expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Contractors including reasonable attorney's fees, and that upon entry of judgment such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. THIRD: City shall not, nor shah any officer or employee of City, be liable or responsible for any'accident, loss or damage happening or occurring to the works specified in this Agreement prior to the completion of approval hereof, nor shah City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Contractor, his agents or employees in the performance of the work, and all of said liabilities arc assumed by Contractor. Contractor agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of Or arising out Of the acts Of omissiOnS Of Contractor, his agents and employees, in the performance of this Agreement, or arising out of the use of any patent or patented article in the performance of this Agreement. FOURTH: The Contractor hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the lands of the above referenced land division for the purpose of completing the improvements. This permission shall terminate in the event that the Contractor has completed the work within the time specified or any extension thereof granted by the Building Director. IFTH: Contractor agrees at all times, up to the completion and approval of the final planting inspection by R.rDER , be attached to Bond No. PB I 94 83 4ER I CAN HOME ASSURANCE COMPANY Surety) in the amount of TH I RTY-E I GHT THOUSAND AND NO I 100THS Building & Safety AUG 12 1992 ADMINISTRATION issued by ($ 38 000. O0 ) ,liars, effective the 12TH day of OCTOBER ,19 88 - ,~ BEHAI, POP TAYCO PAVOR OPCOUNTy OF R t VERS 1 DE co~ideration of the premium chargedMr the attached b on& it is mutually understood anda~eedby the Principal and the retythat: NAME OF OBLIGEE IS HEREBY CHANGED :OM: COUNTY.OF .RIVERSIDE !: CITY OF TEMECULA I other items, limitations and conditions of said bend except as herein expressly modified shall remain unchanged. ~s rider shall be effective as of the 22ND day of JULY , 19 92 · :ned, sealed and dated this the ..... ,t,_ ., :RTIFICATE OF ACKNOWLEDGMENT - "ALL IN ONE" ' ,, ,-, _ _ _ _c~_,42 On ""~XL'~(d~ate<E) IctC{~ before me, a Notary Public in and for the State of California I t~f~, iname of person ¢;r peons) ~l,personally known to me, or F'I proved to me on the basis of satisfactory , ~;)AC~ ~I'I1H ~ evidence to be the petson(s) whose name(s) is/are subscribed to the within .... , instrument and acknowledged to me that _he_ executed the same in , ture(s) on the instrument the person(s) .or the entity upon behalf o ~ _1:19q5 ~ '. which the person(s) acted, ex. ecuted th; instrument- Notary Seal: ry's Signature r, ~ ,~I t.gmm. [x,.|rrs April I. i796;' /, ~/~ ,-,r-- / / -,,.,sNt.<4.t '# r~ mSlsfiiSNtHeeSnlHSistalUSlStllSUSUstsSlllnsUsitsl . NOTARY/~jBUC sex~ed on the other party by mail, postage prepaid, at the following addresses: TWELFTH: This agreement shall supersede that agreement entitled: Agreement for Erosion Control and andscape Improvements between The County of Riverside, and TayCo, dated 11/29/88. City: Contractor: Director of Building & Safety City of Temecuh 43180 Bumass Park Dr., Suite 200 Temecula, CA 92390 TayCo, a Calif. General Partnership 3991 MacArthur Boulevard "Suite 300 Newport Beach, CA 92660 IN WITNESS ~OF Contractor has aftheed his name, address and seal. Dated: STATE OF CAIiFO~, ) TrY oF ) SS. ) ON C)(~.-h~Of (n ,19qS:~,-before me, ~e undeni~, a No~ ~b~e ~ nd for said State, personally appeared , ~own to me m ~ ~e Co~on ~ ex~ut~ ~e wi~ hmm~t, ~own W me W ~ ~e ~n who exut~ ~e wi~ hmment, .~ ~ of ~e Co~~, · e~ nm~, ~d ~owl~ge W me ~ ~ch Co~m~on ex~ut~ ~e ~e. WH'N~S my hand and official seal. Pub d foF ~ State , OFSOM~HOTARYSF. AL , S~FOPJAS~AGR- 1 -3 - For: FAITHFUL PERFORHANCE BOND FOR EROSION CONTROL AND LANDSCAPE IMPROVEMENTS COUNTY OF RIVERSIDE STATE OF CALIFORNIA Erosion Control - Landscape and Irrigation $ 38,000.00 Tract No. 22716-3' Parcel Map No. Bond No. PB19483 Premium $380.00--- Principal TAYC0 ' Address 4021 Birch St., Suite 110 City Newport Beach, CA 92660 Surety American Home Assurance Company Address 3 Embarcadero Center City San Francisco, CA 94111 Whereas, the County of Riverside, State of California, and TAYCO. (hereinafter designated as "Principal") has entered into, or is about to enter into, the attached Agreement whereby Principal agrees to install and complete the above-designated erosion control, landscape and irrigation improvements, relating to Tract22716-3 , which Agreement is beret' referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said Agreement to furnish a bond for the faithful Performance of said Agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company as surety, are held and firmly bound unto the County of R~verslde, in the penal su~ of Thirty Eiqht Thousand--- Dollars ($ 38,000.00 ) lawful money of the-United 5tares, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,-jointly and severally, firmly by these presents. - . The cunditton of this obligation is such that if the above bonded Principal his or its heirs, executors administrators successors or assigns, shall in all things stand to and abide by, and' well and-truly 'keep and perform the covenants, conditions and pro- visions in the said Agreement and any alteration thereof made as therein provided, .on his or their part to be kept and performed at the same time and in the manner therein specified, and in' all respects according to their true intent and meaning, and shall idemnify and save harmless the County of Riverside, its officers, agents and eBq~loyees, As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be tncluded costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing such obligation all to be taxed as costs and included in any Judgemerit rendered, ' 284-44-1 ,n,Home Assurance Company ! Union FLr~ In-~urnnce Compel, of Pittsburgh, PL ~sd OFF,,'," 70 Pis~Sa~t, New Ymt, N-Y. 102~ POWER OF No. ALL MEN BY IHF_,SE PRESENTS: Amtrican Home Aa~rsnc= Company, · ~ York ozp~ralion, and ~ U~ F~ hc~ ~t -Ri-~,-d IL Hcd~er& N. Owean, Lisa ~ --gdon, Brlan E. Gagan: d San Fiancis~ California-- .liptory in tl~ natu~ tlgn~of, issmsd ia tl~Rmx~oeim bmim~, mad m bind fig g nxnlznY tb~- j. TATE OF NEW YORK } 'OUN'I~ OF NEWYORI}M. On ~ 7 4ay of Autust , ~ :for~ . tang the abo~ nanssd o4fzn~ o~ ~ Homc .~urtmz Company and National Union Fu~ Insuran~ Compsmy ; Pitt.~urgh, Pa=, to n~ l~rstmally known to b~ th~ individual and ;ricer d~scn'b~ her~in, and admowt~dg~ ~at !g e.m~uted ~ ~r~loing instrungnt tad a/farad ths seals d said mqmmtioes :~z~to by authority of his ca's~ Mark ~g~~or Vic~ Prcdch:nt JOS!tM !. NoIII lLd~c, guM' et New No. CERTIFICATE ~rpts d gtsotutions sdoptsd by fig BonnIs d Dimtin d Amrkma Hom~ Amrzmz C. anpuy and Naticsal Unk~ Fh-~ .Innan= Company d Pira~utlh, Pa. a May 1~, 1~76: ,~ESOLVED, that 0g C:aaimaa dug ~ rig Pmi~at, or a~ v'~= ~t be~ and ~ i,. muthoriald to al~:a)int AmnueTt,'~Faa to t~ptusat and :t for tnd oa b~half o~ fig Company m mrs bonds, uslsnakin~ nsopinnns ~ otlgt ctmtnns of iml~mmty amt wdH,,p ~iiptm7 in the namm the~d, nd to att~h tlgmm tls et~tsta~ ~ d tls Coralany, ia ~ tnnsankm e~ im mint7 :lating thereto by fs:simile, and any such Pes~t d Am:ms,7 or ~zz~Lrnm bearing such fm:simi~ signat'rims ot fanimPs se. tl &ha~ b= valid md bindinS ulxz ~mpany wtgn so alrm:d witk nsp~t Io any bond, gn6cr~ m:z~'-"'-- ot otlM'r cmtrm d lade, realty o¢ m-itin{ obli~toO, ha fig natur= RE.SOLVED, that any s~h ~Fact 6eliv~ring a Kn~mrial n. rtit'ntion that t~ fof~-going mtlut/oos still b= in e. tr~t may ~ in nu:h ~-tit'a=tion the · ~.-beth i~ Tudm, Sa:~aO, of/uncdmn Hom~ ~ Com!~ay ud d Na~:mai Unioa Fm~ lamun,s~ Camptony ~ Pinsm. m-l~, Pg- do ~ ~ that ~m= on~ ~,d t~at b,xh tb~ibst~ued~ns a~d'm"'P~n of/mong'y. ga~in fuU f~mad dfmn~i- m~t~is y'ds ~ ,19_._. y of ittsburgh Bond Office. ?0 Pine Biteel. New Yolk, N.Y. 10210 POWER OF ATTORNEY No. 03-8--0 XO0 1 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh. Pa., a Pennsylvania corporation, does each hereby appoint ---Pierre LeCompte, N. O~ens, Renee C. BUse~l:: of San Francisco, California--- its TNe and I~wful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, PB. have each executed these presents this 6 day of }lay EdvL"rd' 3. Fr~eh, Vice President STATE OF NEW YORK l, ,~~~ COUNTY OF NEW YORK } t,. D4/~, ~ On mi~ 6 ear d Hay - . IS 87 , e~ befm me came ~e above named officer el Ameeieee Home MINDAN e. Di offiBM deecribed neeBiB, led ackn~il~d that be execvt~l N Ne. 03-475~da3 theeso by euthoriW of hi effi~ Cmee~,~-- h,~es kay 3L lgll CERTIFICATE Exeerlm of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurenee Company of Pittsburgh. P& on May 18, 1976: .~"RESOLVED, that the .Chiemen of the Board. the Preeideet, ee any Vke President be, end befitIV is, euthodled to ellpoint Attte,~;Vi i~Flet · raiNslatE IR¢I act fee NMI On behalf of N ~Y so axecue bondl. undwlskiell, recognizenoel end otl~er ¢oeuegts of indentmW led ;t'-%l m'lf in N nature. ~ereol, end so ettsd, mso ~e emlxmts ,eel el em CameBoW, in N tmme~.m of its NeeW Ixasim: "REIOLVED, thet ebb elgnaNe~ ~nd attestsliens d sugh offm and ~he ~ of the Compeny may be ef~xed to Bey Neh Peeee e4 AlsoruBy BAy Wtifats rdl~ieg dterB~l) by fNmknile. Bad 8ny Nch Power of Ate or eortifieete beeeiq inch femimile signaNme er feb sad Bell be vBlid eegl bierling upon N Cemlxny whee so eftbed with rmpect so ewe, heed, underl king, eecegeiam or o~er ceeu~ct Of indemedW 'RESOLVED, etet Bey ead~ AttoreeV-ie-Feet dltWq · secr~lrist eerttf~etio~ Nt the foel~oq mlok~doel still be in effect mey mrttfiemiem N dew Iheeef, mid ate to be net btsr ~ N dots ot delivery thereof by suc~ I, Maureen P. Tully, Secretary of American Home Assurance Company and of National .Union Fire Insurance Coralany of Pimburt. Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of 1tree corlxxa- tions, and the Powers of ATtorney issued pursuant thereto, are true and correct, and thBt bOth the Resolutions and the Powers of Attorney are in haiti force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile sad of each corlxxation thbl2th drf of .October tdauteen P. Tally, L~IfY ~ The Surety hereby stipulates and agres that no change, ·:tension of 'time, alterati) or addition to the terms of the Agr~ment or to the work to be Performed thereunder or the specifications accompanying the same .shall in any way affect 'its obligation on Surety further stipulates and agrees that the rot e work or to the specifications. When the work covered by the Agreement is complete and the final planting inspection' has been approved by the Building Director, the .mount of the obligation of this bond is reduced by 90% with the remaining lO~ held as security until the structure is occupied. In witness whe_repf. this tnstrua~nt has been duly executed by the Principal and Surety CAT. NO. NN00636 .................. . ........... TO 219N. CA (1-.~3l of. TICOR TITLE INSURANCE ' STATE OF CALIFORNIA t said State, penonly appeared David B. J:2k~o~the undex~,~ed, · Notary Public in mad for ; .... - -::'E--_''""""""'""'""""""""""""- the corpo ' n ~ ae . · . . ...... x ...... -- . . f : · I. Pa"rn,.-nh4p, time pmnaermhip that executed the within insmnnnent, and acknowledged to me tlmt such eorporltion executed the Igmne a$ Itmdl pgrtlet grid that *ch ptrtnaship ~lzd the same. .TNESS my.. _hand and -'f~t .~ Siftnature ~~ |.A J ~ jj CAT. NO. NN00621 TO 1944 CA (7--82) (lndividuaJ) OFFICIAL SEA!~ ' ' DONNISE CLEMMONS ' Notary Pub~.-Cm~oma, (This an, f~ official noudal meal) 'itle ann .ATTllp. N!r.v,T~N~F, AC_T.' .. STATE OF CALIFORNIA COUNTy OF Orange On October 31. 1988 before me, the undersigned. a Notary Public in and for said State, personally appelred Rlc hard E. PoPe , persoNlly known to me or proved to me on the basis of satisfactory evidence to be che person__ whose nune is subsc?ibed to the within instrument a~d acknowledged that ~ exe- cuted the same. WITNESS my hand and official se~l. · ~.A-C~iO~ REO (5411M (This a~a for official nonrim/seal) : undersigned, ally appeared mey-i~Fact o/ and known to nt on behaff d D me that such NOTARY PUBUC condition caused by the construction of the improvements, and to protect the traveling public from such defective or dangerous conditions. SI~I'H: The Contractor, his agents and employees, shall give notice to the Building Director at least 48 houx_ before beginning any work and shall furnish said Building Director all reasonable facilities for obtaining fu TM information respecting the progress and manner of work. SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the _st~ed time, or within such extension of time as have been granted by the Building Director, or if the ContraCtor' violates, neglects, refuses or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this Agreement and notice in writing of such default shall be served upon him. The Building Director shall have the power to terminate all rights of-the Contractor because of such default. The determination by the Building Director of the question as to whether any of the terms of the Agreement or specifications have been violated or have not been performed satisfactorily shall be conclusive upon the Contractor and any and all panics who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the City under law. EIGHTH: The Contractor agrees to f~e with City prior to the date this Agreement is executed a good and sufficient improvement security in any mount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and Contractor further agrees that if the improvement security is a bond and, if the sureties on the faithfill performance bond or the amount of said bonds in the opinion of the Building Director becomes insufficient, Contractor agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten days after being notified by the Building Director that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if Contractor fails to take such action as is necessary to compl. ~ with said notice, he shall be in default of this Agreement unless all required improvements are completed withia 90 days of the date on which the Building Director notified the Contractor of the insufficiency of the sureties or the amount of the bonds or both. NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement extensions of time may be granted from time to time by the Building Director either at his own option or. upon request of the Contractor, and such extension shall in no way affect the validity of this Agreement or release the surety or sureties on said bonds. Contractor further agrees to' maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein. TEN'II-I: It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the fights and obligations of the parties sha[l be constructed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. m-~FENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall served on the other party by mail, postage prepaid, at the following addresses: S\FORMS%AORol -2- AGREEIVlF..NT FOR PLANTING, WALL AND/OR FENCE IMPROVEMF. NTS This Agreement, made and entered into by and between the City of Temecula, State of California, hereinafter called City, and TayCo, hereinafter called Contractor. WITNESSETH FIRST: Contractor, for and in consideration of the issuance of building permits in the development of that certain land division known as Tract 22716-3 agrees, at Contractor's own cost and expense, to furnish all hbor, equipment and material necessary to perform and complete in a good and workmanlike manner, all planting, wall and/or fence improvements in accordance with the approved plans in the development of said -land division which have been appwved by the City Building Director, and are on file in the Office of the City of Temecuh Building and Safety Department and to .do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 348, as amended, which are expressly made a part of this Agreement. All of the above required work shall be done under the inspection of and to the satisfaction of the City Building Director and shall not be deemed complete until approval of the final planting inspection is made by the Building Director. Contractor further agrees to maintain the above required improvements following the appwval of its installation for one year and during this period to restore, repair or rephce W the satisfaction of the Building Director any defective work or hbor done or defective materials furnished. The estimated cost of said work and improvements is the sum of Thirty-eight Thousand Dollars ($38,000.00). _,ECOND: Contracwr agrees to pay to the City the actual cost of such inspections of the works and mprovements as may be required by the Building Director. Contractor funher agrees that if suit is bwught upon this Agreement or any bond guaranteeing the completion of the planting, wall and/or fence improvements, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Contractors including reasonable attorney's fees, and that upon entry of judgment such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. TKIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the works specified in this Agreement prior to the completion of approval hereof, nor shall City or any officer or employee thereof be liable for .any persons or property injured by reason of the acts or omissions of Contractor, his agents or employees in the performance of the work, and all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of or arising out of the acts of omissions of Contractor, his agents and employees, in the performance of this Agreement, or arising out of the use of any patent or patented article in the performance of this Agreement. FOURTH: The ContracWr hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the lands of the above referenced land division for the purpose of completing the improvements. This permission shall terminate in the event that the Contractor has completed the work within the time specified or any extension thereof granted by the Building Director. ~"IFTH: Contractor agrees at all times, up to the completion and appwval of the final planting inspection by ~ .e Building Director, to give good and adequate warning to the traveling public of each and every dangerous AUG 12 1992 ADMINI$TRATION To be attached to Bond No. PB I 94 84 Dollars, effective the issuc~l by AMERICAN HOME ASSURANCE COMPANY C...~.s Surety) in the amount of FORTY-EIGHT THOUSAND FIVE HUNOF~EO '~NO NO ! I OOTHS ($ 48. 500. O0 ) 12TH clay of OCTOBER ,19 88 ON BBHA.LP OP TAYCO ZN PAVOR OFCOUNTY OF R I VERS I OE h consideration of the premium charged for the attached bond, it is mutually understood and agreecl by the Principal and the Surety that: NAME OF OBL I GEE 1S HEREBY CHANGED FROM: COUNTY OF RIVERSIDE TO: C I TY OF TEMECULA All other items, limitations and conditions of said bond except u herein expressiy modified shall remain unchanged. This rider shall be effectlYe u of the 22NO day of JULY ,19 ..9.Z_ · Signed, seiled and dated this the 22ND day of JULY , 19 92 · : CERTIFICATE OF ACKNOWLEDGMENT- "ALL IN ONE" CAL-42 .;;. ;.;,,-. ,; .'.;. :..-. ;...'~..,-. ;.~. ;. ;. ;.;. ;..-..". ;.;,',, ;,;, ;. ;. ;, ;, ;, ;. ;. :. ;..'-. ;. ;. ;. ;..:.-. ;..':;.:.;.;.;.;.;..-. Stateof California· - On _\uLu lqq7 before me. a Notary Public in and for the · - { ate ~ (n~me of person or · · personally known to me, or F'I proved to me on the basis of satisfactory : dence to be the person(s) whose name(s) is/are subscibed to the within ii Notary Seal' ry's Signature ~- ;:;. -_- ._- -_.~. '-: ~:..: .: : -;- ._. -2 ._-_._. ._- -: ._- .: .:;:: ~' - -': ' : "-":; : ": '-"-""-"-": '-L,";; ? ': ? '-' ~":;~'?~'~'':':~';':~'' TWI:.I .Frr'H: This agreement shall supersede that agreement entitled: Agreement for Erosion Control and Landscape Improvements between The County of Riverside, and TayCo, dated 11/29/88. City: Contractor: Director of Building & Safety City of Temecuh 43 180 Business Park Dr., Suite 200 Temecuh, CA 92390 J IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: By: TayCo, a Calif. General Partnership 3991 MacArthur'Boulevard Suite 300 Newpon Beach, CA 92660 STATE OF CATI~ORNIA, ) ) SS. CITY OF ~'~O ~o(~- ~e.ne F~ ) ON [c , m_q_ before me, the undersigned, a Notary Public in and for said State, personally appeared , known to to be the ofthe 'C,--.-1, cv ~'~,C4-Y-,e4~c~,~(, e ' the Corporation th~ executed the within instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledge to me that such Corporation executed the same. ~Public in ~nd for said State ' ~ OI~NOTARY~,- 4 I,,AUI=IAL,,O'I'I~qA , ,4 MlCemm. Ellilm AUGOI.IBg8 . S~FORM$~ACiR-I -3- · fee FAZTHFUL PERFORMANCE BOND FOR EROSION CONTROL AND LANDSCAPE IHPROVElqENTS COUNTY OF RIVERSIDE STATE OF CALIFORNIA For: Erosion Control - Landscape and Irrigation $ Tract No. 22716-2 Parcel Hap No. Bond No. PB19482 Surety American Eome ,Assurance Company Address 3 Smbarcadero Center City San Francisco, CA 94111 Premium $755.00--- Principal TAYCO Address 4921 Birch So., Suite Ctty NeVporC Beach, CA 92660 Whereas, the County of Riverside, State of California, and TAYCO · (hereinafter designated as 'Principal") has entered into, or is 'about to enter into, the attached Agreement whereby Principal agrees to. install and co,~lete the above-designated erosion control, landscape and irrigation improvements, relating to Tract22716-2 , which Agreement is hereb referred to and made a part hereof; and WHEREAS, said principal is required under the. terms of said Agreement to furnish a bond for the faithful performance of said Agreement; ' NOW, THEREFORE, we, the Principal and American Home Assurance Company as surety, a~8 held and firm'ly bound unto the County of Riverside, in the penal su; of Seventy Five ~hoJsandFiveHundred ....... -Dollars (S 75,500.00 lavful money of the United ) States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jotntly and severally, firmly by these presents. · The condition of this obligation is such that if the above bonded Prtnct al' h~s or ) aid Agreement and any alteration thereof made as therein provided on s or their part, to be kept and performed at the same time and in the manner th;r~in specified, and tn all respects according to their true intent and meanin and shall I sh 1 'n in'full force and gerr ume null and void; otherwise tt ~ d effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing such obligation, all to be taxed as costs and included tn any Judgement rendered. 284-44-1 DW 4i,L MEN BY THESE PRESEN'IZS: ~m~_,,~ Hom~ ~ Company, a Nest Yolt wrporalion, ~ ~ U~ F~ ~ ~Y d ~u~ P~ a Pe~ ~o~ : ptu~nt~ Mark _--~/~.~or Vic= President '~ OF NEW YORK )UNT~ OF NEWYORK)M. JOS!I~ I. NOZZ, QUO N~lul"v l~d;c,. $1,mm el New Ycrk CERTIFICATE May 18, 1976: ~SOLVED, that tlg C~ c~ tJg lkm.'d, the Ptui~nt, ot any V'g pr~t~l~ut be.. and Igr~ ~, authorized m i~.~t A~Fm m r~pr~.nt and for and on ~ of tl~ Company to rote bond~ und~tUlr. logr. m:Df~ and o0gr ~tmm of indc~nnity and wtit~up ~lilatm"Y in tig natur~ tlicr~oi, ;el to attach th~t~m t~ mqmral~ ar. al ol' fig Company, in L!~ tranr, K'6on o~ its surlty b~aioms~ tur~s snd ancstat3oM ofsuch otT~rsand tl~s~al~U~C''~'nymeybealTugdt°~~d~~m~~tc >,F.,SOLYED, that rig sipa ' · mru or fa:simi~ ~ rdufi bc wild mad binding upon ~ting thcr~to b~/fscsimil~ gad uy mob poe~r of Anomcy or certif'~ca Ixm'ing ' ' oreparty wh~ mo mtTtmm~d witk r~[m~ m rummy ~,~,~, und~ .ns:s~n~ s migt motfact o( iodco~i~ ot ~'iting obtiptoty in tig nmtus tbmm;~ .~,SOLYED, thmt rummy m:h ~Fm dcli~immg · mm~m'iml crtifkm~m ~mat t~ fm~-%,aing mmcdutkms ~ b~ in ~ffm may imcrt in mudm m.-.m~mti~ am theFoot', said ~mm m Ix not [az~r than fig datm o~ deli~!? ~ ~ mud~ AfiongT-in-FMz-* orrc~odtbatlx~tl~llzw~v~x~aadt~cPow~mo[AR°m~mi°fvl]f°~gaad~ ',N WITNESS WHEREOF, Elizalx:th M. Tuck, Sr, czcr. ary FAZTHFUL PERFORMANCE BOND FOR EROSZON CONTROL AND LANDSCAPE/HPROVEMENTS COUNTY OF RZVERSZDE STATE OF CALZFORNZA For: Erosion Control - Landscape and Zrrtgation $ 48.500.00 Tract No. 22.716-4 Parcel Map No. Bond No. PB19484 SuretyAmerican Home Assurance Company Address 3 ~;mbarcadero Center City San Francisco, CA 94111 Premium $485.00-- Principal TAYCO Address 4921 Birch St., Suite 110 Ctty NevporC Beach, CA 92660 Whereas, the County of Riverside, State of California, and TAYCO (hereinafter designated as "Principal") has entered .into, or is about to enter lnto, the attached Agreement whereby Principal agrees to tnsta11 and complete the above-designated erosion control, landscape and irrigation improvements, relattng to Tr22716-4 , which Agreement is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms 'of said Agreement to furnish a bonf'~ for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and ~Jaerican Home Assurance Company , as surety, are held and firmly bound unto the County of Riverside, in the penal sum of ~rtv Ei~htThousandFiveHund~ed ..... Dollars ($48;5(:D.00' ) 1awl money of the United 5tares, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above'.bonded Principal his or its heirs, executors administrators successors or assigns shall in all things stand to and abide by, and' well and truly 'keep and perform the c;~enants, conditions and pro- visions in the said Agreement and any alteration thereof made as therein provided on his or their part to be kept and performed at the same time and in the manner th;rein specified, and in' all respects according to their true intent and meaning and shall tdemnify and save harmless the County of Riverside, its officers agents an~ employees, as therein stipulated then this obligation shall become null ~nd void- otherwise it shall be and remain in'full force and effect. ' As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcihg Such obligation, all to be taxed as costs' and included in any Judgement rendered. 284-44-1 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terns of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect 'its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement'or to the work or to the specifications. Surety further stipulates and agrees that the provisions of Section 21)45 of the Civil Code are not a condition precedent to the Surety's obligations hereuhder and are hereby. waived by the Surety. When the work covered by the Agreement is Cmpiete and the final planting inspection has been approved by the Building Director, the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security until the structure is occupied· CAT. NO. TO 21OH CA (torporsdon as s Parma of · Psrmas~p) STATE OF CALIFORNIA COUNTY OF Oranee On October 28, 1988 TICOR TITI. INSURANCE before me, the underdined, · Notmzy Pubtic in and for said Stse, personaUy sppesn~ David B. Jackson personsHy known to me or proved to me on the barn of ssmfsctory cv~ence to be the penon who executed the W'~T..h~ ~t If the V i C · - Ptclide~lt, 'm'mw4'ie"kqe'w-ZwmvmlrffleZitv,VIRv,ZRt,tfeqj~vmv .......... ~ .... ~J :' lxm~-Lira -~--tMmemu~dmm m,:dm~m,,.~ ...._,ekmmmm':--' t, ....":-~.-...x...x-.,, ' _ . )m ........... ~"'X'"X",&lc",lU,,mm('----'im'Lm,F Of Cost~(n gnmpR Tn~. P~rr'nprnh~p, the pmnenhip that executed the within instrument, and scknowledZed to me thst such M W & m- I :tpal and Surety ) ca1 Partner itle L N r. of Gen. Part it~ itle CAT. NO. NN00627 TO 1944 CA (7--82) (Individuai) STATE OF CALIFORNIA COUNTY OF Orange On October 31, 1988 said St·re, personally appeired P~chard E. (Thb ass for offidd notadd seed) JTITLE INSURANCE AND TRUST AlII~R~EMPkIff itle r before me, the undersigned, a NoraN Pub,it in ·nd for Pope , personally known to me or proved to me on the basis of satisfzaory evidence to be the person__ whose name :Ls subscribed to the within instrument and acknowledged that he exe- cuted the ~rnc. WITNESS my hsnd znd offic~ai seal. ~ %LfiGE COUNTY %,, - Y PU3L|C-CALIFORNIA~ MY CDI~. EXP. DrC ~ lggO (This mm for official notarid reed) CiTY ,~NO COUNTY OF SAN FRANCISCO; My Comh,:s~on exmres May [5, l~O -. "' / ~0001mtIImIIteIImIItIiIIiSSISmem~tmItIIIIlIIeHIIN4NNNK{ ' ~ · &A-(30-9C22 REO (~ 1M he undemgned, znally appeared mey-in-Fact o/ t, and known to ent on behalf of to me that such · NOTARY PUBUG '~r~C:ican Home Assurance Compl · ariDhal Union Fire Insurance Coel~V of Pittsburgh. x 'PfI~ClOtl aoncl Office. 10 Pine Sirell. New YOrl[ N.Y. 10210 2 ' POWER OF ATTORNEY No. 03-B-OlO01 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Pierre LeCompce, N. Ovens, Renee G. Basse~Z:; of San Francisco, California--- its true and lawful Attorney(s)-in-Fact. with full authority to execute on its behalf bonds. undertakings. recognizances and other contracts of indemnity and writings obligatory in the nature thereof. issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insure Company of Pittsburgh, Pa. have each executed these presents this 6 dsy of gdv~rd J. Fr~-~ch, Vice President COUNTY OF NEW YORK on e~ 6 a, CERTIFICATE Excerpts of Resolutions adopted by ~e 8oerds of Directors of American Home Assurance Company and National Uniet Fire Insurance Company of Pitlsbuslh, PL on May 18, 1976: ~I"RESOLVED, that the .Chainnee of the lid, the President or my Vie President be, end he~ il, luth~ to 14~ Attofeeye4e-Flet to mOlliefit md eft for and De beNIf of 1he ComlMny lo ~llmls befall. underllkinl, recagnizameel md other co~trec~ of k14NmNW end writkle oblilltoe~ in the nature ~, led to attach diefew the mNINlrlle 1oil of the Centpiny, in the taleseem of is surely INSiRe,; my wdlkam rdati~g INrelo by facsimib, anti any Mh Poemr of Ate Or certifkate bearje~ NCh flctimib signiNto er fmimile Mel Ihetl be valid end binding eeo~ the Camlay whe~ m affixed with rmlMct to any bond. unCleraking, elcognizance or olher coalrot of imlemnliv or wrking "RESOLVED. that any Nch Attorney-M-Fact dllivefieg · ~ecretebl cardfie that the foregoq remludoe~ still be in effm may ielert M lath certificetioel the Clare theelof, INd dee to be not Islet thet Name of delivery thereof by mad1 Atte'eef-in-Fl~.- I, Maureen P. Tully, Secrataty of Americsn Home Assurance t;ompany and of National Union Fie Insurance Cornpiny of Pittsburgh. PL do hereby certify that the foragoing excerl=ts of Resolutions adopted by the Boerds of Directors of these ~ tions, and the Powers of Attorney issued pursusnt thereto, Ire true and correct, and that both the Resolutions and the Po~erl of Attorney are in full force and effect IN WITNESS WHEREOF, I have hereunto tot my hand and sffixed the fscsimile seal of esch corporltion Meureen P. TuIIy, Secretary ~ thisl2th dey of .October .19 8_2. AGREEIV~,~ FOR PLANTING, WALL AND/OR FENCE IMPROVEM'RNTS This Agreement, made and entered into by and between the City of Temecula, State of California, heroinafter called City, and TayCo, hereinafter called Contractor. W1TNESSET~ FIRST: Contractor, for and in consideration of the issuance of building permits in the development of that certain land division known as Tract 227164 agrees, at Contract0r's own cost and expense, to furnish all labor, equipment and material necesssry to perform and complete in a good and workmanlike manner, all planting, wall and/or fence improvements in accordance with the approved plans in the development of said land division which have been allproved by the City Building ~or, and are on fie in the Office of the City of Temeeula Building and Safety Department and to do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 348, as amended, which are expressly made a pan of this Agreement. All of the above required work shall be done under the inspection of and to the satisfaction of the City Building Director and shall not be deemed complete until approval of the final planting inspection is made by the Building Director. Contractor further agrees to maintain the above required improvements following the approval of its installation for one year and during this period to restore, repair or replace to the satisfaction of the Building Director any defective work or labor done or defective materials furnished. The estimated cost of said work and improvements is the sum of Forty-eight Thousand, Five Hundred Dollars r$48,500.00). 'ECOND: Contractor agrees to pay to the City the actual cost of such inspections of the works and improvements as may be required by the Building Director. Contractor further agrees that ff suit is brought upon this Agreement or any bond guaranteeing the completion of the planting, wall and/or fence improvements, all costs and reasonable expenses'and fees incurred by the City in successfully enforcing such obligations shall be paid by Contractors including reasonable attorney's fees, and that upon entry of judgment such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage hal~ning or occurring to the works specified in this Agreement prior to the completion of approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Contractor, his agents or employees in the performance of the work, and all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of or arising out of the acts of omissions of Contractor, his agents and employees, in the performance of this Agreement, or arising out of the use of any patent or patented article in the performance of this Agreement. FOURTH: The Contractor hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the lands of the above referenced land division for the purpose of completing the improvements. This permission shall terminate in the event that the Contractor has completed the work within the time specified or any extension thereof granted by the Building Director. 2FrH: Contractor agrees at all times, up to the completion and approval of the fmal planting inspection by the Building Director, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such defective or dangerous conditions. SIXTH: The Contractor, his agents and employees, shall give notice to the Building Director at least 48 hem before beginning any work and shall furnish said Building Director all reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: ff the Contractor, or his agents or employees, _neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extension of time as have been granted by the Building Director, or ff the Contractor violates, neglects, refuses or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this Agreement and notice in writing of such default shall be served upon him. The Building Director shall have the power to terminate all rights of the Contractor because of such default. The dete~on by the Building Director of the question as to whether any of the terms of the Agreement or specifications have been violated or have not been performed satisfactorily shall be conclusive upon the Contractor and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the City under law. EIGHTH: The Contractor agrees to file with City prior to the date this Agreement is executed a good and sufficient improvement security in any amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and Contractor further agrees that if the improvement security is a bond and, if the sureties on the faithful performance bond or the amount of said bonds in the opinion of the Building Director becomes insufficient, Contractor agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten days after being. notified by the Building Director that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if Contractor fails to take such action as is necessary to compl3 "' 'with said notice, he shall be in default of this Agreement unless all required improvements are completed within 90 days of the date on which the Building Director notified the Contractor of the insufficiency of the sureties or the amount of the bonds or both. NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on .the bonds securing this Agreement that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement extensions of time may be granted from time to lime by the Building Director either at his own option or upon request of the Contractor, and such extension shall in 'no way affect the validity of this Agreement or release the surety or sureties on said bonds.. Contraaor further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein. TENTH: It is understood and agr~ by the parties hereto that if any pan, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the paxties shall be contacted and enforced as if the Agreement did not contain the particular pan, term or provision held to be invalid. ELEVENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be "" $XFORM~XAGR-I -'7- APPROVAL CITY ATTORNEy FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON DATE: MAY 26,1992 SUBJECT: ACCEPTANCE OF EASEMENT DEEDS FOR SLOPE MAINTENANCE - VINTAGE HILLS PREPARED BY: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: 1. Accept Easement Deeds for the TCSD to provide slope maintenance services. e Appropriate $4,800 to account #019-193-999-42-5250 to process legal documents required for dedication purposes. DISCUSSION: The enclosed easement deeds have been reviewed by staff to ensure that legal and landscaping requirements have been satisfied· The slope landscaping areas have been inspected by our Maintenance Superintendent and are acceptable to our standards. Copies of the site plans for TCSD landscape maintenance areas are also attached for your review. The following tracts are being recommended for acceptance: Tract No. 22715-0, 1, 2. Tract No. 22716-0, 1, 2, 3, 4. Tract No. 22915-0, 1, 2, 3. FISCAL IMPACT: The City collected $4,800 from the applicant to cover the cost of processing the dedication. Therefore, it is necessary to appropriate $4,800 for outside services - account #019-193-999-42-5250. Cost to maintain the slope landscaping areas will be included in the annual rates and charges associated with the FY 1992-93 TCSD Assessments -Service Level C. served on the other party by mail, postage prepaid, at the following addresses: TWh"t-FTH: This agreement shah supersede that agreement entitled: Agreement for Erosion Control and Landscape Improvements between The County of Riverside, and TayCo, dated 11/29/88. .., City:- Contractor: Director of Building & Safer. City of Temecula 43180 Business Park Dr., Suite 200 Temecula, CA 92390 TayCo;'a Calif. General Partnership 3991 MacArEhur' Boulevard Suite 300 Newport Beach, CA 92660 IN WITNESS '~OF Contractor has affixed his name, address and seal. Title: STATE OF CATII~ORNIA, ) CITY OF (~), ,-,~-, e~ ) SS. .) oN Oc,bh f "(o ,xgqz.,befo, me, the undersigned, a Notary Public in and for sash 2~aje, personally appeared' , known to me W be the of the ~ ct , ~ t r~ ~5 fj,'f" ~1' c, j~ ~ ~ the ' Corporation that executed the within i6strument, known w me w be the person who executed' the within Instrument,' on behalf of the Corporation, therein named, and acknowledge W me that such Corporation executed the same. WrFNBSS my hand and official seal. ~ NOTARY 8EAL MV(~mm.E, allm AUG01.1~ S~FORM$~AGR-1 '3- ITEM NO., 4 TO: FROM: DATE: SUBJECT: A~PROV/~ ~. CITY ATIX)~Y FINANC~ OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER' NOVEMBER 24, 1992 RIVERTON LANE PARK SITE PROJECT PREPARED BY: ~G~ARY L. KING, DEV. SERVICES ADMINISTRATOR RECOMMENDATION: That the Board of Directors: 1. Approve the master plan for the Riverton Lane Park Site. Authorize the preparation of construction documents and release a formal public bid for the Riverton Lane Park Site Project. DISCUSSION: On May 22, 1991, the Board of Directors, as a condition for the approval of Tract Map No. 18518, accepted the dedication of approximately five (5] acres of land for a proposed park site. On September 22, 1992, the Board of DirectOrs awarded a contract to the Alhambra Group to develop a master plan, prepare construction documents, and provide construction administration services for the development of this park site. The Parks and Recreation Commission reviewed and approve the master plan for this park site on November 9, 1992. If this master plan is approved by the Board, staff will proceed with the development or construction documents for the formal bid process. A presentation will be made by Vince Didonero of the Alhambra Group concerning the master plan for the park site, FISCAL IMPACT: A budget of $200,000 was epproved for this project in the City's Capital Improvement Program for Fiscal Year 1993-97. 0 0 ITEM NO. 5 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA RERORI BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER NOVEMBER 24, 1992 NAMING OF THREE CITY PARK SITES PREPARED BY: (~ RECOMMENDATION: GARY L. KING, DEV. SERVICES ADMINISTRATOR That the Board of Directors: Consider and if desired, approve names for three (3) city park sites. DISCUSSION: On September 8, 1992, the Board of Directors adopted Resolution No. CSD 92-08 for naming parks and recreation facilities. As part of that policy, the Parks and Recreation Commission was given the responsibility to consider names for City park sites during a Commission meeting under Commission business. On November 9, 1992, the Parks and Recreation Commission approved for recommendation to the Board of Directors, names for two (2) neighborhood park sites and one (1) community park site (see attached location maps). They are as follows: 1. RIVERTON PARK (5 acre neighborhood park) · 2. LOMA LINDA PARK (3 acre neighborhood park) 3. RAWHIDE PARK (28.6 acre community park) The Board of Directors may approve these recommended names or consider any other names desired. FISCAL IMPACT: None "" la~teemlm~mmdpr. age ll/If/r4 RESOLUTION NO. CSD 92-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEHE~A COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACHATIES ~~kS, on April 23, 1991, the Board of Directors (the "Board") adopt~ a policy for naming park3 and recreation facilities; and WI~'~, the Community 3ervice~ DisU'ict and the Parks and Recreation Commission requests that the afo~menfloned policy be adoprod by resolu~on; NOW, THEREFORE, ~ BOARD OF DIRECTORS OF T!:rw. TEHECULA COMMUNITY SERVICES DISTRICT DOES .I~ri~Y,P~'-~OLVE, DETER~IINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit 'A' is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. Ronald J. Park.s, President A'ITEST: STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TENIECULA ) I, June S. Greek, City Clerk of the City of Temecula, HERF-RY DO CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting Of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vote. AYES: 5 DIRECTORS: Birdsall, Moore, Lindemans, Mu~oz Parks, NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None EXhibit "A" TENIECULA CONnVIUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be 'responsible for encouraging citizens and.community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a m~nimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a .name which might be perceived as controversial by the community. All names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the'park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall.'be named for a person, except where anlindividual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community. j RESPONSIBILITY ACTION Department Parks and Recreation Commission Department Acquires a new park or recreation facility. Solicits possible names from community. Forwards suggested names to the Parks and Recreation Commission for consideration. Receives any additional community input. Selects a name for the new park or recreation facility· Forwards name ratification. to City Council for Installs the appropriate naming sign or plaque. ..-/ C tI i,- DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON, CITY MANAGER DATE: NOVEMBER 24,1992 SUBJECT: DEPARTMENTAL REPORT PREPARED BY: '~-~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR Staff has held three (3) Project Committee meetings concerning the Pala Road Park Site. The Project Committee consisted of Ron Parks and Peg Moore from the Board of Directors; Jeff Nimeshein' and Dee Hillin from the Parks and Recreation Commission; and members from the Sports Council. This committee forwarded a final recommendation concerning the master plan design of the park site to the Parks and Recreation Commission. On November 13, 1992, the Parks and Recreation Commission held a special meeting to review the design of this park site. After discussion, it was recommended by the Parks and Recreation Commission to approve and recommend to the Board of Directors to approve the master plan design for the Pala Road Park Site. This item will be considered by the Board of Directors on December 8, 1992. After a second meeting with the Parks and Recreation Master 'Plan Committee was held on Tuesday, September 29 at City Hall, staff attended the Planning Commission meeting on November 2 concerning the Open Space Element of the General Plan. The Planning Commission recommended that the trails plan for the Open Space Element be deferred to the Parks and Recreation Master Plan. Staff then met with representatives from the Meadowview Homeowners Association to review an alternate equestrian route that would not transverse their association. This alternate route was supported by the Meadowview Homeowners Association and the Rancho California Horsemens Association. The Parks and Recreation Master Plan was reviewed by the Parks and Recreation Commission on November 9, 1992, and was unanimously approved. The master plan will be forwarded to the City Council once the General Plan process is completed. Staff has also been developing conditions for the Winchester Hills and Campos Verde Specific Plans. A part of these discussions include the possibility of providing a neighborhood park that would benefit both Winchester Hills and the residents of Winchester Creek. These negotiations will provide a north park adjacent to the Winchester Creek homes once the specific plans are approved. Both developments will create an important impact on the community in terms of parks and recreation facilities. Staff is in the process of receiving quotes to instal!, new ballfield fencing on the North and South fields in Sports Park. This is required to improve the safety of the youth and adults that participate on these fields. Also, staff has begun the renovations to the playground area in Sports Park. The playground area will be closed for approximately two (2) weeks during the construction. Staff has begun improvements to the Loma Linda Park Site, and the concrete walking paths are installed. Irrigation improvements will be .completed in the next two (2) weeks. Further improvements will include hydroseeding and landscaping improvements, tot lots, picnic tables, barbecues, and passive open space. This park is scheduled to be completed within ninety (90) dayS. Staff will proceed with the master planning of Sam Hicks Monument Park once the Old Town Specific Plan is completed (February, 1993). The improvements to Sam Hicks Monument Park and whether the museum should be located in the park will depend on the recommendations from the Old Town Specific Plan. Parks in both the Paloma Del Sol development (9 acres) and the Presley development (9 acres) are scheduled to be completed by June 30, 1992. These parks were conditioned by staff to meet a portion of the Quimby requirements of their respective developments. TEMECULA REDEVELOPMENT AGENCY AGENDA MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA REDEVELOPMENT AGENCY NOVEMBER 10, 1992 A regular meeting of the City of Temecula Redevelopment Agency was called to order Tuesday, November 10, 1992, 8:10 P.M., Temecula COmmunity Center, 28816 Pujol Street, Temecula, California. The meeting was called to order by Agency Member Parks. PRESENT: ABSENT: 4 AGENCY MEMBERS: Birdsall, Lindemans, Parks, Mu~oz 1 AGENCY MEMBERS: Moore Also present were City Manager David F. Dixon, City Attorney Scott F. Field and City Clerk June S. Greek. PUBLIC COMMENT None e AGENCY BUSINESS 1. Minutes It was moved by Agency Member Birdsall, seconded by Agency Member Lindemans to approve the minutes of October 27, 1992. The motion carried as follows: AYES: 4 AGENCY MEMBERS: Birdsall, Lindemens, Parks, Mu~oz NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Moore Aooroval of Fund Transfers In Accordance with the Caoital Improvement ProQram It was moved by Agency Member Birdsall, seconded by Agency Member Lindemans to approve staff recommendation as follows: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 92 - 07 A RESOLUTION OF THE REDEVELOPMENT AGENCY TEMECULA DECLARING OF THE CITY OF CERTAIN FINDINGS REGARDING CITY RDAMIN 11 /10192 * 1 - 11 I18/92 REDEVELOPMENT AGENCY MINUTES NOVEMBER 10, 1992 EXPENDITURES IN CONNECTION WITH THE CONSTRUCTION OF A SENIOR CENTER AS REQUIRED BY UNITED STATES DEPARTMENT OF THE TREASURY REGULATIONS (SECTION 1.103-18) The motion carried as follows: AYES: 4 NOES: 0 ABSENT: 1 AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Birdsall, Lindemans, Parks, Mur~oz None Moore EXECUTIVE DIRECTOR'S REPORT None AGENCY MEMBER'S REPORTS None ADJOURNMENT It was moved by Agency Member Birdsall, seconded by Agency Member Muf~oz to adjourn at 8:12 P.M. The motion was unanimously carried with Agency Member Moore absent. The next regular meeting of the City of Temecula Redevelopment Agency will be November 24, 1992, 8:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California. Chairperson J. Sel Muf~oz ATTEST: City Clerk June S. Greek RDAMIN11110192 -2- 11118/82