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HomeMy WebLinkAbout072401 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 24, 2001 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 11:00 P.M. 6:00 P.M. - Closed Session of the City Council pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b)(1) with respect to two matters of potential litigation. With respect to such matters, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2001-07 Resolution: No. 2001-67 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Jennifer Taft Invocation: Pastor Sophia Sadler of Harvester Church of Temecula Flag Salute: Cub Pack No. 367 ROLL CALL: Naggar, Pratt, Roberts, Stone, Comerchero R:~Agenda\072401 1 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. if you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of June 26, 2001. Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:~Agenda\072401 2 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Financial Statements for the nine months ended March 31, 2001 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the nine months ended March 31, 2001. Purchase of City Vehicle RECOMMENDATION: 5.1 Approve the purchase of the Dodge Durango model year 2001 from Norm Reeves ChrysledJeep/Dodge in the amount of $29,576.63. Arts Council of Temecula Valley Concerts on the Green and Arts in the Country Festival Grant Aqreement RECOMMENDATION: 6.1 Approve a Special Event Community Grant Agreement between the City of Temecula and the Arts Council of Temecula Valley in the amount of $34,000. FY2001-02 Economic Development Operating Agreements RECOMMENDATION: 7.1 Approve the operating/marketing agreements with the Temecula Valley Chamber of Commerce, Economic Development Corporation of Southwest Riverside County, Temecula Valley Film Council, Inland Empire Economic Partnership, and Southwest Riverside County Economic Alliance; 7.2 Authorize the Mayor to execute the operating/marketing agreements for each of the organizations. 8 Award of Construction Contract for Starlight Ridge Southern Cross Road Sidewalk Project - Project No. PW00-22 RECOMMENDATION: 8.1 Award a construction contract for the Starlight Ridge Southern Cross Road Sidewalk Project - Project No. PW00-22 - to Elite Bobcat Service, Inc. in the amount of $51,790.00 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $5,179.00 which is equal to 10% of the contract amount. R:~Agenda\072401 3 9 Maintenance Aqreement - Habitat West, Inc. - Lon,q Canyon Detention Basin -- Project No. PW01-05 RECOMMENDATION: 9.1 Approve a five-year Maintenance Agreement with Habitat West, Inc. for a total amount not to exceed $26,140.00 and authorize the Mayor to execute the agreement. 10 Temecula Valley - La Serena Way Storm Drain - Stage 2 - Project No. 7-0-0315 - Tract Map No. 23371-11 - Cooperative Agreement RECOMMENDATION: 10.1 Approve the Margarita Road - Temecula Valley - La Serena Way Storm Drain - Stage 2 - Project No. 7-0-0315 - Tract Map No. 23371-11 - Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, the City of Temecula, and M.A. Temeku Hills Development, LLC; 10.2 Authorize the execution of such agreement in its final form by the Mayor, City Attorney, and City Clerk. 11 Tract Map No. 23143-5 - now in conformance with its original approval (located south of Pauba Road, east of Butterfield Stage Road, and north of De Portola Road) RECOMMENDATION: 11.1 Approve Tract Map No. 23143-51; 11.2 Approve the Subdivision Monument Agreement and accept the Monument cash deposit as security for the agreements; 12 State Transportation Improvement Program (STIP) Discretionary Fund Application - Cherry Street Southbound Off-ramp Improvement Project RECOMMENDATION: 12.1 Receive and file the report regarding the 2002 State Transportation Improvement Program (STIP) Discretionary Fund application for the Cherry Street Southbound Off-ramp Improvement Project and authorize the Director of Public Works to forward said application to the Riverside County Transportation Commission; 12.2 Adopt a resolution entitled: RESOLUTION NO, 0'1- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE CALTRANS APPLICATION TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR 2002 STATE TRANSPORTATION IMPROVEMENT PROGRAM STREET PROJECT R:~genda~72401 DISCRETIONARY FUNDS FOR THE CHERRY SOUTHBOUND OFF-RAMP IMPROVEMENT 13 Professional Services Agreement for Bioloqical Observations and Monitoring - Lon,q Canyon Detention Basin - Project No. PW01-05 14 RECOMMENDATION: 13.1 Approve a five-year Professional Services Agreement with EDAW, Inc. for a total not to exceed $58,539.00 and authorize the Mayor to execute the agreement. Professional Services Aqreement for design services for Wolf Creek Fire Station Site - Project No. PW01-11 RECOMMENDATION: 14.1 Approve an acceleration of $100,000 from the Capital Improvement Budget for FY2002-2003 to the current FY2001-2002 budget for the Wolf Creek Fire Station Site - Project No. PW01-11; 14.2 Approve a Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $159,500.00 to provide design services for the Wolf Creek Fire Station Site - Project No. PW01-11 - within the planned Wolf Creek Development and authorize the Mayor to execute the agreement; 14.3 Authorize the City Manager to approve amendments/change orders not to exceed the contingency amount of $15,950.00 which is equal to 10% of the agreement. 15 FY2000-2001 Slurry Seal Proqram - Project No. PW01-07 - Add Diaz Road RECOMMENDATION: 15.1 Authorize the City Manager to approve contract change orders with American Asphalt for an amount of $45,000 above the previously approved 10% contingency for the FY2000-2001 Slurry Seal Program - Project No. PW01~07. 16 Completion and Acceptance of Construction Contract for Old Town Southside Parkinq Lot - Project No. PW98o16 RECOMMENDATION: 16.1 Accept the Old Town Southside Park Lot Project - Project No. PW98-16 - as complete; 16.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 16.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. R:~Agenda\072401 5 17 18 19 Third Amendment to Law Enforcement Services A.qreement with County of Riversid,, RECOMMENDATION: 17.1 Approve the third amendment to the Law Enforcement Services Agreement between the County of Riverside and the City of Temecula to include the hiring of one lieutenant, one traffic/motorcycle officer, and one community service officer. Rodpau.qh Specific Plan - Status Report RECOMMENDATION: 18.1 Receive and file. Walker Basin Specific Plan No. 172 substantial conformance No. 1 and Tentative Tract _Map No. 29369 RECOMMENDATION: 19.1 Authorize the City Manager to prepare a letter in support of the 106-dwelling unit proposal developed by the Riverside County Planning Department staff for the Walker Basin Specific Plan. 20 .Woods de Homes Traffic Signal Reimbursement RECOMMENDATION: 20.1 Approve the refund of the Traffic Signal Development Impact Fees in the amount of $45,000.00 to Woodside Homes of California for 50% of the cost of Traffic Signal Improvements at Margarita Road and Verde Lane. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE INDUSTRIAL DEVELOPMENT AUTHORITY R:~,genda\072401 6 IEMECULA COMMUNITY SERVICES DISTRICT MEETIN~ CALL TO ORDER: President Jeff Stone Next in Order: Ordinance: No. CSD 2001-01 Resolution: No. CSD 2001-15 ROLL CALL: DIRECTORS: PUBLIC COMMENTS Comerchero, Naggar, Pratt, Roberts, Stone A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should ~e filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 2 1.1 Approve the minutes of June 26, 2001. Financial Statements for the nine months ended March 31,2001 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the nine months ended March 31, 2001. 3 Arts Council Community Grant A,qreement RECOMMENDATION: 3.1 Approve the Community Grant Agreement between the Temecula Community Services District(TCSD) and the Ads Council of Temecula Valleyin the amount of $40,000. R:~Agenda\072401 7 DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, August 14, 2001, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\072401 8 Next in Order: Ordinance: No. RDA 2001-01 Resolution: No. RDA 200%0,5 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS Comerchero, Naggar, Pratt, Stone, Roberts A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of June 26, 2001. Financial Statements for the nine months ended March 31, 2001 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the nine months ended March 31, 2001. DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS R:~Agenda\072401 9 ADJOURNMENT Next regular meeting: Tuesday, August 14, 2001, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\072401 10 INDUSTRIAL DEVELOPMENT AUTHORITY Next in Order: Ordinance: No. IDA 2001-01 Resolution: No. IDA 2001-01 CALL TO ORDER: Chairperson ROLL CALL AUTHORITY MEMBERS: Naggar, Pratt, Roberts, Stone, and Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Authority Members on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk prior to the Authority Members addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Authority Members should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and ~tate your name and address for the recorrt. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 2 1.1 Approve the minutes of January 13, 1998. Amendment of Documents related to industrial Development Revenue Bonds fo~ Tension Envelope Corporation RECOMMENDATION: 2.1 Adopt the resolution entitled: R:~Agenda~072401 11 RESOLUTION IDA NO. 01-. A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENTS TO DOCUMENTS RELATED TO INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR TENSION ENVELOPE CORPORATION EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBERS' REPORT,':; ADJOURNMENT R:~Agenda\072401 12 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 21 Harv~ RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMITS (PLANNING APPLICATION 00-0189) 21.2 Adopt a resolution entitled: RESOLUTION NO. 0l- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 99- 0419 (GENERAL PLAN AMENDMENT) FOR THE HARVESTON SPECIFIC PLAN AND THE TWO EXCLUDED PARCELS WITHIN THE SPECIFIC PLAN AND ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418) ON PARCELS TOTALING 650 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261-001, 910-261-002, 910-110-013, 910- 110-015, 910-110-020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-005, 910-120- 007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911- 640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023, AND 911- 180-028 R:~Agenda\072401 13 21.3 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 01t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE DEVELOPMENT CODE TO AMEND SECTION 17.16.070 TO INCLUDE HARVESTON SPECIFIC PLAN NO. 13 AND ADOPTING A PORTION OF CHAPTER 11 (DEVELOPMENT STANDARDS) ZONING STANDARDS CONTAINED THEREIN FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE HARVESTON SPECIFIC PLAN NO. 13, ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED ON THE EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910-261-002, 910-110- 013, 9 10-110-015, 9t0-110-020, 910-110-021,910-110-027, 910- 110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630-001, 911-630-002, 911-630-003, 911-640-001, 911-640- 002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911- 180-009, 911-180-015, 911-180-023 AND 9t1-180-02 (PLANNING APPLICATION 99-0418) 21.4 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ZONE CHANGE FOR THE AREA OF THE HARVESTON SPECIFIC PLAN AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA ON PARCELS TOTALING 550 ACRES LOCATED ADJACENT TO INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261-001, 910-261-002, 910-110-013, 910- 110-015, 910-110-020, 910-1t0-021, 910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-050-009, 910-120-003, 910-120- 007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911- 640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911- 180-028. (PLANNING APPLICATION 99-0245) 21.5 Introduce and read by title only an ordinance entitled: R:~Agenda\072401 14 ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNITIES (PLANNING APPLICATION NO. 99-0446)" 21.6 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00- 0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910- 261-001, 9t0-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910-100- 008, 910-060-009, 910-120-008, 911-630-001,911-630-002, 911- 630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180- 023 AND 911-180-028 21.7 Adopt a resolution entitled: RESOLUTION NO. 01-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-180-003, 911-180-004, 911-640- 001 AND 911-630~003 21.8 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL R:~,genda\072401 15 LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001, 910- 261-002, 91%180-002, 911-180-003, 911-180-004 AND 911-180- 015 21.9 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-630-001, 911- 630-002 AND 91t-180-015 COUNCIL BUSINESS 22 Compensation for Commission Membem (as requested by Mayor Pro Tem Roberts) RECOMMENDATION: 22.1 Consider amending Section 2.40.100 of the City's Municipal Code to provide compensation to Commission Members on a per-meeting basis and provide direction to staff. 23 Appointment of an Animal Shelter Subcommitton (as requested by Councilman Naggar) RECOMMENDATION: 23.1 Appoint a subcommittee to review the Animal Friends of the Valley proposed new shelter. DEPARTMENTAL REPORTR CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT R:~Agenda~072401 16 Next regular meeting: City Council, Tuesday, August 14, 2001, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\072401 17 ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 26, 200t The City Council convened in Closed Session at 5:30 P.M., on Tuesday, June 26, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session of the City Council meeting commenced at 7:00 P.M. Present: Councilmembers: Naggar, Pratt, Roberts, Stone, Comerchero Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Natalie and Tiffany Zita. INVOCATION The invocation was given by Councilman Naggar. ALLEGIANCE The salute to the Flag was led by Mayor Pro Tem Roberts. PUBLIC COMMENTS A. Addressing the Wolf Creek referendum, Mr. Chris Pedersen, 31052 Wellington Circle, questioned the City's position to file a brief in opposition to the motion and, thereby, in his opinion, arguing against the citizens of Temecula and questioned who is directing the City Attorney with regard to this issue. Noting that he does not recall providing direction to the City Attorney with regard to the Wolf Creek referendum, Councilman Naggar commented on the City's position with regard to this matter. In response to Councilman Naggar, Mayor Comerchero noted that, to his recollection, the matter is not one to be decided by the City Council. Further clarifying the issue, City Attorney Thorson advised that under the Elections Code, the City Clerk is the designated elections official and as well is required to make a decision as to whether or not the petition filed conforms to the requirements of the Elections Code; that the City Clerk performed those requirements based on his advise which was based on the Code and cases interpreting the Code; that at this point in time, the City Clerk is not only being sued by Mr. Pedersen but also by the developer; that the Court has ordered to allow the signatures to be counted by the Registrar of Voters in an effort to not impede the process of placing the matter on the November 6, 2001, ballot if it were determined that the referendum were valid; and that the Court has not ruled with respect to the merits. In response to Councilman Naggar, City Attorney Thorson advised that if the City were to withdraw its opposition at this point in time, the developer would continue to sue the City Clerk and the issue of the merits of the case would be decided. R:\Minutes\062601 1 B. Expressing their great sorrow with regard to the loss of their 8-year old son, Dylan, Mr. and Mrs. Lance and Suzanne Cacaninion, 40132 Villa Venecia, commented on their son's recent accident on Winchester Road at Nicolas Road and discussed the potential of constructing a pedestrian bridge on Winchester Road in an effort to prevent future tragedies such as theirs and thanked the City Council for forwarding the matter to the Public/Traffic Safety Commission for review. On behalf of the City Council, staff, and citizens, Mayor Comerchero relayed his deepest thoughts and prayers to the Cacaninion family and noted that if the City were able to obtain the approvals necessary to construct this bridge, he would request that the bridge be named Dylan's Bridge. Mr. and Mrs. Cacaninion voiced no opposition. CITY COUNCIL REPORTS A. Councilman Pratt requested that the following three items be agendized for the July 10, 2001, City Council meeting: Regional Transportation Model, Design and Construction of a new City Hall site, and City Council term limits. B. Having attended a recent Urban Storm Water Conference, Councilman Naggar requested that staff review the City's Best Management Practices and agendize the matter within the next 30 to 45 days. C. Councilman Naggar advised that Supervisor Buster, Councilman Pratt, Deputy Director of Community Services Ruse, and he had visited a transitional shelter in the City of Indio, noting that he was impressed with the operations of this facility. D. Mayor Pro Tem Roberts informed the City Council and viewing public that Mr. Randy Howe of Howe's Welding cleaned the brass work on the Old Town gateway arches, at no charge to the City, for the Fourth of July Celebration. Mr. Roberts extended his appreciation to Mr. Howe. E. Mayor Pro Tem Roberts apprised the public of the upcoming Summer Nights in O/d Town events, starting July 6, 2001, every Friday, 5:00 PM. to 9:00 P.M., through September 28, 2001. F. Advising that he is, through Riverside County Transportation Committee, participating in discussions with regard to Measure A Safes Tax Extension, Mayor Pro Tern Roberts noted that the Measure A Sales Tax expires in 2008 and that he would keep the City apprised of the outcome. G. Requesting that the Temeku Hills speed limit matter be agendized for an upcoming City Council meeting, Councilman Stone as well requested that prior to the City Council meeting, the Police Department place a traffic trailer at various sites in Temeku Hills. H. Appreciating the attendance of Mr. and Mrs. Cacaninion (Dylan's parents), Councilman Stone relayed his commitment to ensure everything possible will be undertaken to prevent a future calamity such as theirs. I. With regard to Councilman Pratt's request of agendized items, Councilman Stone noted the following: · Regional Transportation Model - suggested that the matter be agendized for Councilman Pratt's input after which City Council be given the opportunity to provide further direction as to whether or not to invest staff resources; R:\Minutes\062601 2 · City Hall site - no objection to agendizing the matter in order to receive Councilman Pratt's input but to not expend too much staff time until full direction of the City Council has been provided; · City Council term limits - no objection to agendizing the matter but would not support expending a significant amount of time on the issue until full direction of the City Council has been provided. Commenting on the positive effects of the newly opened Arizona crossing (Via Montezuma), Councilman Stone as well commented on the Overland Overcrossing, noting that traffic conveniences have been made for the community. J. Advising that as of July 1, 2001, the Vail Ranch residents will be part of the City, Mayor Comerchero invited the public to the Annexation Celebration on Sunday, July 1, 2001. K. Having had the privilege of representing the City of Temecula at the U.S. Conference of Mayors in Detroit, Mayor Comerchero commented on President Bush's clarification with regard to faith-based initiatives (proposing money allocated toward social services not religious services) and his request to Congress to allocate $8 million for such initiatives. In light of President Bush's clarification, Mayor Comerchero relayed support of the issue. CONSENTCALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes 3 RECOMMENDATION: 2.1 Approve the minutes of April 24, 2001; 2.2 Approve the minutes of May 15, 2001; 2.3 Approve the minutes of May 22, 2001. Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 0t-$8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\Minutes\062601 3 4 6 7 Upgrade of Financial Accounting Software RECOMMENDATION: 4.1 Approve a Software License and Use Agreement with Eden Systems, inc. in the amount of $144,050; 4.2 Authorize the City Manager to approve contract amendments in an amount not to exceed $14,405 which is equal to 10% of the contract amount; 4.3 Authorize the City Manager and City Attorney to execute all necessary agreements. Purchase of a Postage Meter Machine RECOMMENDATION: 5.1 Approve the purchase of Pitney Bowes Postage Meter in the amount of $14,670.00. Records Destruction Approval RECOMMENDATION: 6.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Riverside County Library Contract Amendment No. 4 RECOMMENDATION: 7.1 Approve Amendment No. 4 to the Agreement to provide Library Services (additional staff); 7.2 Authorize the expenditure of an amount not to exceed $150,000 to fund the Temecula Library Volunteer Coordinator half-time position and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions for fiscal year 2001-02. Second Amendment to the Uniforms, Floor Mats, Oust Mops, and Towels Service Agreement with AmeriPride Uniform Services - FY2001-02 RECOMMENDATION: 8.1 Approve Amendment No. 2 with AmeriPride Uniform Services which will exercise the City's option for a second one-year extension of the Agreement and, thereby, extending the Agreement through June 30, 2002; 8.2 Authorize the expenditure of funds in the amount of $10,550.00 for uniform, floor mats, dust mops, and towel services. R:\Minutes\062601 4 9 Third Amendment to the HVAC Preventative Maintenance Agreement with Kinetics Service Company for FY2001-02 RECOMMENDATION: 9.1 Approve Amendment No. 3 to the HVAC Preventative Maintenance Agreement with Kinetics Service Company to exercise the City's option for a one-year extension and, thereby, extending the Agreement through June 30, 2002; 9.2 Authorize the expenditure of funds in the amount of $30,640.00 for preventative maintenance services, repairs, and extra work items for Fiscal Year 2001-02. 10 Agreement for Weed Abatement Services between the City of Temecula and A.S.A.P. Services RECOMMENDATION: 10.1 Approve the contract with A.S.A.P. Services for Weed Abatement Services for a total of $26,250.00. 11 A.qreement for Weed Abatement Services between the City of Temecula and Rory Rieck and Chuck Maciel Weed Abatement RECOMMENDATION: 11.1 Approve the contract with Rory Rieck and Chuck Maciel's Weed Abatement for Weed Abatement Services for a total of $26,250.00. 12 A.qreement for Consu t n,q Services between the City of Temecula and PELA RECOMMENDATION: 12.1 Approve the contract with PELA for landscape plan check and inspection services in the amount of $98,500.00. 13 Authorize Temporary Street Closure of Old Town Front Street between Moreno Road and Second Street; Main Street from the brid.qe to Old Town Front Street; Second Street; Third Street; Fourth Street; Fifth Street; and Sixth Street for the Star Spangled Fourth of July Parade and delegate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Engineer RECOMMENDATION: 13.1 Adopt a resolution entitled: R:\Minutes\062601 5 RESOLUTION NO. 01-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND SECOND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET; SECOND STREET; THIRD STREET; FOURTH STREET; FIFTH STREET; SIXTH STREET FOR THE STAR SPANGLED FOURTH OF JULY PARADE AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 14 Authorize Temporary Street Closure of Pauba Road between Margarita Road and Ynez Road for the July 4th, 2001, Fireworks Show and delegate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Engineer RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 01-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD FOR THE JULY 4TM, 2001, FIREWORKS SHOW AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 15 Parcel Map No. 29438 (located at Enterprise Circle South) RECOMMENDATION: 15.1 Approve Parcel Map No. 29438 in conformance with the Conditions of Approval. 16 Acceptance of Offer of Dedication - Road Purposes on Western Bypass Corridor and Roick Drive per Tentative Parcel Map No. 28473 Conditions of Approval RECOMMENDATION: 16.1 Adopt a resolution entitled: R:'~linutes\062601 6 ITEM 3 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $3,009,550.08. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 24th day of July, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos2001/Resos 01- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 01 - was duly adopted at a regular meeting of the City Council of the City of Temecula on the 24th day of July, 2001 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2001/Resos 01- 2 CITY OF TEMECULA LIST OF DEMANDS 07/05/01 TOTAL CHECK RUN: 07/12/01 TOTAL CHECK RUN: 07/24/01 TOTAL CHECK RUN: 07/05/01 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 0712aj01 COUNCIL MEETING: DI8BURSEMENT8 BY FUND: CHECKS: 001 165 190 192 163 194 210 280 300 ~0 330 340 471 GENERAL FUND RDA-LOW/MOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND RDA-REDEVELOPMENT INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES CFD 98-1 ADMIN EXPENSE FUND 001 165 190 192 193 194 ?90 300 330 33O 340 GENERAL FUND RDA-LOW/MOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL S TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D RDA-REDEVELOPMENT INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST TIM~AS~AN C E DIRECTOR I ~'-~-~,[,~ I,~ ~ ! \ ~ ~. SHAW'J[/NELSON, CiTY MANAGER $ 228,277.23 556,967.27 1,985,879.91 238,435.67 $ 3,009,500.00 1,703,795.30 19,744.23 266,963.28 48.07 50,593.91 1,175.04 665,923.26 8,000.00 11,964.89 4,684.65 19,032.34 4,226.05 17,223.39 2,750.00 158,327.27 3,874.33 57,573.16 58.09 2,889.56 514.92 1,939.25 786.09 6,631.17 1,971.89 31869.94 $ 2,771,124.41 238,435.67 $_ 3,000,500.~ , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCNRE2 CITY OF TEMECULA PAGE 11 07/05/01 10:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA OEV- LO~/HOD SET ASIDE 190 COHMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IHPROVENENT PROJ FUND 280 REDEVELOPMENT AGENCY - 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 141,207.69 3,380.92 46,838.5? 47.01 2,379.58 427.28 10,108.48 2,871.59 420.14 5,940.27 1,351.93 13,303.TT TOTAL 228,2T/.23 VOUCHRE2 CITY OF TEMECULA 07/05/01 10:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION 38884 07/05/01 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 38884 07/05/01 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 38884 07/05/01 000246 PERS (EMPLOYEESf RETIRE 000246 PERS RET 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 PRES RET 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 38884 07/05/01 000246 PRES (EMPLOYEES~ RETIRE 000246 PERS RET 38884 07/05/01 000246 PRES (EMPLOYEES' RETIRE 000246 PERS-PRE 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38884 07/05/01 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 AETNA 58996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 AETNA 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 AETNA 38996 07/05/01 000245 PERS (NEALTR INSUR. PRE 000245 AETNA 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 AETNA 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 AETNA 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 38996 07/05/01 000245 PRES (HEALTH INSUR. PRE 000245 BLSHIELD 38996 07/05/01 000245 PRES (HEALTH INSUR. PRE 000245 CIGNA 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 KAISER 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 PACCARE 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 PACCARE 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 PACCARE 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 PACCARE 38996 07/05/01 000245 PERS (REALTR IRSUR. PRE 000245 PC 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 PRES DED 38996 07/05/01 000245 PERS (HEALTR INSUR. PRE 000245 PERS-ADM 38996 07/05/01 000245 PERS (HEALTH INSUR. PRE 000245 UNI ACCOUNT HUMBER 001-2390 165-2390 190-2390 192-2390 193-2390 194-2390 280-2390 300'2390 320-2130 320-2390 330'2390 340-2390 001-2130 001-2390 165-2390 190-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2090 165-2090 190-2090 280-2090 330-2090 340-2090 001-2090 190-2090 001-2090 001-2090 190-2090 193-2090 194-2090 340-2090 001-2090 001-2090 190-2090 193-2090 340-2090 001-2090 001-2090 190-2090 280-2090 001-2090 001-2090 001-2090 ITEM ,AMOUNT 26,286.82 651.49 4,887.42 11.61 415.42 101.44 282.59 131.68 26.51 1,083.44 206.19 589.34 182.91 95.66 1.87 19.07 .05 1.82 .36 .92 .46 3.72 1.39 2.65 3,042.39 254.63 1,142.00 84.87 97.00 244.06 1,594.12 468.53 926.50 4,806.83 1,438.36 59.18 29.59 768.95 2,847.96 4~638.41 958.01 244.62 144.45 738.00 4,051.47 3.82 1.15 977.11 7v866.63- 2,037.16 PAGE I CHECK AMOUNT 34,984.83 VOUCHRE2 CITY OF TEMECULA PAGE 2 07/05/01 10:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 38996 38996 38996 38996 38996 38996 38996 38996 38996 38996 38996 38996 38996 38996 38996 38996 38996 70084 70085 CHECK VENDOR VENDOR ITEM DATE NUMBER NAME DESCRIPTION 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 06/28/01 07/02/01 000245 PERS (HEALTH INSUR. PRE 000245 UNI 000245 PERS (HEALTH INSUR. PRE 000245 AETNA 000245 PERS (HEALTH INSUR. PRE 000245 AETNA 000245 PERS (HEALTH INSUR. PRE 000245 AETNA 000245 PERS (HEALTH IHSUR. PRE 000245 AETNA 000245 PERS (HEALTH INSUR. PRE 000245 AETNA 000245 PERS (HEALTH IRSUR. PRE 000245 SLSHIELD 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 000245 PERS (HEALTH IHSUR. PRE 000245 HELTHNET 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 000245 PERS (HEALTH INSUR. PRE 000245 HELTHMET 000245 PERS (HEALTH INSUR. PRE 000245 KAISER 000245 PERS (HEALTH INSUR. PRE 000245 PACCARE 000245 PERS (HEALTH INSUR. PRE 000245 PACCARE 000245 PERS (HEALTH INSUR. PRE 000245 PACCARE 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 000245 PERS (HEALTH INSUR. PRE 000245 PERS REV OLIVERA~S BAKERY 003710 RIVERA, FRED REFRESHMNTS:VAIL RANCH ANNEX. ENTERTAIRMERT:4TH OF JULY ACCOUNT NUMBER 190-2090 001-2090 165-2090 190-2090 280-2090 340-2090 001-2090 190-2090 001-2090 190-2090 340-2090 001-2090 001-2090 190-2090 340-2090 001-2090 001-2090 190-183-999-5370 190-183-999-5370 ITEM AMOUNT 166.98 158.61 123.68 119.00 41.22 8.14 55.47 54.51 140.69 31.23 .37 23.43 119.46 18.59 2.32 93.56 990.28~ 74.95 600.00 746919 07/05/01 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 25,301.53 746919 07/05/01 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 463.80 746919 07/05/01 000283 %NSTATAX (IRS) 000283 FEDERAL 190-2070 7,938.79 746919 07/05/01 000283 IRSTATAX (IRS) 000283 FEDERAL 192-2070 16.59 746919 07/05/01 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 355.89 746919 07/05/01 000283 ]HSTATAX (IRS) 000283 FEDERAL 194-2070 131.37 746919 07/05/01 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 183.16 746919 07/05/01 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 78.30 746919 07/05/01 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 1,160.54 746919 07/05/01 000283 ]NSTATAX (IRS) 000283 FEDERAL 330-2070 267.28 746919 07/05/01 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 450.60 746919 07/05/01 000283 INSTATAX (IRS) 000285 MEDICARE 001-2070 6,064.74 746919 07/05/01 000283 ]RSTATAX (IRS) 000283 MEDICARE 165-2070 151.04 746919 07/05/01 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 2,093.24 746919 07/05/01 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 2.62 746919 07/05/01 000283 IMSTATAX (IRS) 0002~3 MEDICARE 193-2070 102.74 746919 07/05/01 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 22.28 746919 07/05/01 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 68.95 746919 07/05/01 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 30.03 746919 07/05/01 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 281.42 746919 07/05/01 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 71.23 746919 07/05/01 000283 INSTATAX (IRS) 00028~ MEDICARE 340-2070 137.59 746991 07/05/01 000444 INSTATAX (EDD) 000444 SDI 746991 07/05/01 000444 IRSTATAX (EDD) 000444 SDI 746991 07/05/01 000444 INSTATAX (EDD) 000444 SDI 746991 07/05/01 000444 IRSTATAX (EDD) 000444 SD/ 746991 07/05/01 000444 INSTATAX (EDD) 000444 SDI 746991 07/05/01 000444 INSTATAX (EDD) 000444 001-2070 165-2070 190-2070 193-2070 280-2070 320-2070 103.27 3.66 301.06 2.24 .76 9.05 CHECK AMOUNT 23,899.52 74.95 600.00 45,373.73 VOUCHRE2 CITY OF TEMECULA PAGE 3 07/05/01 10:35 VOUCHER/CHECK REGISTER FOR ALL PEHIODS VOUCHER/ CHECK HUMBER CHECK VENDOR VENDOR DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION HUMBER AMOUNT AMOUNT 746991 07/05/01 000444 INSTATAX (EDD) 000444 SDI 330-2070 7.56 746991 07/05/01 000444 INSTATAX (EDD) 000444 SDI 340-2070 4.18 746991 07/05/01 000444 INSTATAX (EDD) 000444 STATE 001-2070 6,795.39 746991 07/05/01 000444 INSTATAX (EDD) 000444 STATE 165-2070 131.26 746991 07/05/01 000444 INSTATAX (EDD) 000444 STATE 190-2070 1,546.32 746991 07/05/01 000444 INSTATAX (EDD) 000444 STATE 192-2070 5.18 746991 07/05/01 000444 INSTATAX (EDD) 000444 STATE 193-2070 82.59 746991 07/05/01 000444 INSTATAX (EOD) 000444 STATE 194-2070 40.21 746991 07/05/01 000444 INSTATAX (EDD) 000444 STATE 280-2070 53.71 746991 07/05/01 000444 INSTATAX (EDD) 000444 STATE 300-2070 16.41 746991 07/05/01 000444 INSTATAX (EDD) 000444 STATE 320-2070 250.65 746991 07/05/01 000444 INSTATAX (EDD) 000444 STATE 330-2070 59.41 746991 07/05/01 000444 INSTATAX (EDD) 000444 STATE 340-2070 90.49 70088 07/05/01 003552 A F L A C 003552 CANCER 001-2330 357.70 70088 07/05/01 003552 A F L A C 003552 CANCER 190-2330 14.34 70088 07/05/01 003552 A F L A C 003552 CANCER 193-2330 14.34 70088 07/05/01 003552 A F L A C 003552 CANCER 194-2330 4.78 70088 07/05/01 003552 A F L A C 003552 CANCER 340-2330 14.34 70088 07/05/01 003552 A F L A C 003552 EXP PROT 001-2330 128.30 70088 07/05/01 003552 A F L A C 003552 EXP PROT 190-2330 55.80 70088 07/05/01 003552 A F L A C 003552 EXP PROT 320-2330 27.90 70088 07/05/01 003552 A F L A C 003552 HOSP IC 001-2330 17.50 70088 07/05/01 003552 A F L A C 003552 STD 001-2330 566.40 70088 07/05/01 003552 A F L A C 003552 STD 190-2330 155.20 70088 07/05/01 003552 A F L A C 003552 STD 193-2330 9.60 70088 07/05/01 003552 A F L A C 003552 STD 194-2330 3.20 70088 07/05/01 003552 A F L A C 003552 STD 340-2330 20.80 70089 70090 70091 70091 70091 70091 70091 70091 70091 70091 07/05/01 004148 A T & T 07/05/01 000745 A T & T WIRELESS SERVIC LONG DISTANCE CHARGES:POLICE 001-170-999-5208 CELLULAR PHONE SVCS:POLICE DPT 001-170-999-5208 70092 7O093 70093 70093 215.34 07/05/01 000116 A V P VISION PLANS 000116 AVP 001-2310 706.03 07/05/01 000116 A V P VISION PLANS 000116 AVP 165-2310 17.60 07/05/01 000116 A V P VISION PLANS 000116 AVP 190-2310 89.03 07/05/01 000116 A V P VISION PLANS 000116 AVP 193-2310 5.58 07/05/01 000116 A V P VISION PLANS 000116 AVP 194-2310 1.68 07/05/01 000116 A V P VISION PLANS 000116 AVP 280-2310 5.86 07/05/01 000116 A V P VISION PLANS 000116 AVP 330-2310 5.58 07/05/01 000116 A V P VISION PLANS 000116 AVP 340-2310 42.23 BILLBOARD SIGN:SUMMER NIGHTS 280-199-999-5250 BOTTLED WATER SVCS:MNTG FAC BOTTLED WATER SVCS:CRG BOTTLED WATER SVCS:CITY HALL 340-199-702-5250 190-182-999-5250 340-199-701-5250 07/05/01 003304 ADAMS ADVERTISING INC 07/05/01 001323 ARROWHEAD WATER INC 07/05/01 001323 ARROWHEAD WATER 07/05/01 001323 ARROWHEAD WATER INC 450.00 117.07 68.36 260.13 9,503.40 1,390.20 13.78 215.34 873.59 450.00 445.56 100.00 70094 07/05/01 BERNA, KELLI REFUND:SECURITY DPST MS01-0128 190-2900 100.00 70095 07/05/01 004040 BIG FOOT GRAPHICS LOGO FOR STAFF SWEATSHIRTS 190-180-999-5243 40.00 VOUCNRE2 CITY OF TEMECULA PAGE 4 07/05/01 10:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOURT 70095 07/05/01 004040 BIG FOOT GRAPHICS LOGO FOR STAFF SWEATSHIRTS 190-180-999-5243 600.00 640.00 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 70096 07/05/01 003553 C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA GNA C GNA C GNA 003553 LTD 001-2380 1,576.04 003553 LTD 165-2380 39.10 003553 LTD 190-2380 299.92 003553 LTD 192-2380 .71 003553 LTD 193-2380 26.38 003553 LTD 194-2380 6.08 003553 LTD 280-2380 17.29 003553 LTD 300-2380 7.99 003553 LTD 320-2380 66.99 003553 LTD 330-2380 13.45 003553 LTD 340-2380 37.67 003553 STD 001-2500 2,199.86 003553 STD 165-2500 54.57 003553 STD 190-2500 418.65 003553 STD 192-2500 .99 003553 STD 193-2500 36.81 003553 STO 194-2500 8.49 003553 STD 280-2500 24.15 003553 STD 300-2500 11.15 003553 STD 320-2500 93.49 003553 STD 330-2500 18.78 003553 STD 340-2500 52.59 5,011.15 70098 07/05/01 003549 CALIF ASSN OF MUSEUMS ANNUAL CONF:W.OTT:7/12-14/01 190-185-999-5258 310.00 310.00 70099 07/05/01 003549 CALIF ASSN OF MUSEUMS MEMBERSHIP: TEM VLLY MUSEUM 190-185-999-5226 100.00 100.00 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 001-2360 145.88 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 ADgD 165-2360 3.01 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 190-2360 30.76 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 192-2360 .08 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 193-2360 2.93 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 194-2360 .59 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 280-2360 1.49 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 300-2360 .74 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 320-2360 6.00 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 330-2360 2.25 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 340-2360 4.27 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 001-2360 632.13 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE IRS 165-2360 13.01 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 190-2360 133.26 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 192-2360 .33 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 193-2360 12.68 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE IRS 194-2360 2.59 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE IRS 280-2360 6.49 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE IRS 300-2360 3.24 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 320-2360 26.00 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 330-2360 9.75 70100 07/05/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 340-2360 18.52 1,056.00 VOUCHRE2 CITY OF TEMECULA 07/05/01 10:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 5 VOUCHER/ CRECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER 70101 07/05/01 004093 CARDIO CARE PLUS 70102 07/05/01 CENTER FOR TECHNOLOGY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 ANNUAL CONF:9/17-19/O1:DOMENOE 001-170-999-5261 ITEM AMOUNT 403.20 200.00 70103 07/05/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 001-2120 123.50 70103 07/05/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 190-2120 5.60 70103 07/05/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 193-2120 .60 70103 07/05/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 194-2120 .20 70103 07/05/01 004405 COMMUNITY HEALTH CNARIT 004405 CHC 330-2120 5.50 70103 07/05/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 340-2120 .60 70104 07/05/01 004250 CUSTOM GATE 70104 07/05/01 004250 CUSTOM GATE 70105 07/05/01 003272 DAISY WHEEL RIBBON COMP 70105 07/05/01 003272 DAISY WHEEL RIBBON COMP 70106 07/05/01 001393 DATA TICKET IN¢ 70107 07/05/01 001380 E S I EMPLOYMENT SERVIC 70107 07/05/01 001380 E S I EMPLOYMENT SERVIC 70108 07/05/01 001056 EXCEL LANDSCAPE 70108 07/05/01 001056 EXCEL LANDSCAPE 70108 07/05/01 001056 EXCEL LANDSCAPE 70108 07/05/01 001056 EXCEL LANDSCAPE 70108 07/05/01 001056 EXCEL LANDSCAPE 70109 07/05/01 000165 FEDERAL EXPRESS INC 70109 07/05/01 000165 FEDERAL EXPRESS INC 70109 07/05/01 000165 FEDERAL EXPRESS INC 70109 07/05/01 000165 FEDERAL EXPRESS INC 70109 07/05/01 000165 FEDERAL EXPRESS REPAIR:ENTRY GATE @ FIRE STN84 001-171-999-5212 REPAIR ENTRY CATE ~ STATION 84 001-171-999-5212 GIS PAPER/INK SUPPLIES GIS PAPER/INK SUPPLIES 001-161-610-5220 001'161-610-5220 001-170-999-5250 001~171-999-5118 001-171-999-5118 MAY PRKING CITATION PROCESSING TEMP HELP W/E 06/15 OBNANN TEMP HELP W/E 06/15 OBMANN APR LDSC IMPR:CTY HL/MNTC FAC 340-199-702-5415 APR LDSCP IMPR:DUCK POND SOD 190-180-999-5416 MAY LDSCP IMPR:MARTIHIQUE 190-180-999-5415 MAY LDSCP IMPR:SADDLEWOOD 190-180-999-5415 MAY LDSCP SVCS:OLD TWN PRKLOTB 001-164-603-5415 EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS NAIL SERVICES EXPRESS HAIL SERVICES XX-1405 UBNOSKE:PROF MTGS XX-1405 UBNOSKE:PROF MTGS 70110 07/05/01 003347 FIRST BANKCARD CENTER 70110 07/05/01 003347 FIRST BANKCARD CENTER 70111 07/05/01 002982 FRANCHISE TAX BOARD - W 002982 ST DED 70112 07/05/01 003640 GRAYNER ENGINEERING 001-140-999-5230 001-171-999-5230 001-162-999-5230 001-161-999-5230 001-150-999-5230 70113 07/05/01 004053 HABITAT WEST INC 001-161-999-5260 001-1990 190-2140 210-190-167-5802 210-165-631-5804 JUN SVCS:MERCANTILE BLDG FEB/MAR/APR PALA MNTC:PW97-15 HARDWARE SUPPLIES-PW MNTC HARDWARE SUPPLIES-TRAFFIC DIVI HARDWARE SUPPLIES:MUSEUM HARDWARE SUPPLIES:CRC HARDWARE SUPPLIES:TCSD MNTC HARDWARE SUPPLIES-BLDG&SAFETY HARDWARE SUPPLIES:SR CENTER HARDWARE SUPPLIES-PW MRTC 001-164-601-5218 001-164-602-5242 190-185~999-5212 190-182-999-5212 190-180-999-5212 001-162-999-5242 190-181-999-5212 001-164-601-5218 70114 07/05/01 000186 HANKS HARDWARE INC 70114 07/05/01 000186 HANKS HARDWARE 70114 07/05/01 000186 HANKS NARDWARE INC 70114 07/05/01 000186 HANKS HARDWARE INC 70114 07/05/01 000186 HARKS HARDNARE 70114 07/05/01 000186 HANKS HARDWARE INC 70114 07/05/01 000186 HANKS HARDWARE INC 70114 07/05/01 000186 HANKS HARDWARE INC 122.00 491.00 1,000.00 317.78 23.00 1,320.00 200.80 528.00 3,250.00 91.23 271.61 250.00 14.83 25.19 76.87 27.16 12.92 112.46 40.78 155.53 4,365.64 2,025.00 83,33 59.59 269.20 85.47 25.54- 428.25 32.11 83.99 CHECK AMOUNT 403.20 200.00 136.00 613.00 1,317.78 23.00 1,520.80 4,390.84 156.97 153.24 155.53 4,365.64 2,025.00 VOUCHRE2 CITY OF TEMECULA PAGE 6 07/05/01 10:35 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAHE 70114 07/05/01 000186 HANKS HARDNARE INC 70114 07/05/01 000185 HANKS RARD~ARE 70115 07/05/01 002107 NIGNMARK INC 70115 07/05/01 002107 HIGNMARK [NC 70115 07/05/01 002107 HIQHMARK 70115 07/05/01 002107 HIGHMARK INC 70115 07/05/01 002107 HIGNMARK 70115 07/05/01 002107 HIGHMARK 70115 07/05/01 002107 HIGHHARK INC 70115 07/05/01 002107 HIGHHARK INC 70115 07/05/01 002107 HIGH~L~RK 70115 07/05/01 002107 HIGHMARK INC 70115 07/05/01 002107 NIGHMARK 70115 07/05/01 002107 HIGHMARK INC 70115 07/05/01 002107 HIGHMARK 70115 07/05/01 002107 HIGNMARK INC 70116 07/05/01 004525 HUMAMSCALE 70117 07/05/01 000194 70117 07/05/01 000194 70117 07/05/01 000194 70117 07/05/01 000194 70117 07/05/01 000194 70117 07/05/01 000194 70118 07/05/01 70119 07/05/01 000750 70120 07/05/01 001186 70121 07/05/01 002140 ITEM DESCRIPTION HARDNARE SUPPLIES-PW INSPECTOR HARD~ARE SUPPLIES-LAND INSPECT 002107 VL ADVAN 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VL REVER 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE ERGONOMIC KEYBOARD/MOUSE C M A RETIREMENT TRUS 000194 DEF COMP C M A RETIREMENT TRUS 000194 DEF COHP C M A RETIREMENT TRUS 000194 DEF COMP C M A RETIREMENT TRUS 000194 DEF COMP C M A RETIREMENT TRUS 000194 DEF COMP C M A RETIREMENT TRUS 000194 DEF COMP INNOVATIVE CAMPER SNELL INTOXIMETERS INC IRWIN, JOHN JAGUAR COMPUTER SYSTEMS 70122 07/05/01 JATC 70123 07/05/01 000210 LEAGUE OF CALIF CITIES 70124 07/05/01 003726 LIFE ASSIST INC 70125 07/05/01 70126 07/05/01 000996 LOCAL GOVERNMENT PUBLIC 002693 MATROS, ANDREA 70127 07/05/01 MAY, MARJAMNA E. 2 SRELL DOOR LOCKS:PRMS02 REPAIR POLICE ALCO-SENSOR IV TCSD INSTRUCTOR EARNINGS NETWORK EQUIPMENT MNTC/REPA[RS ENERGY COMM WRKSHP:M.H.:7/9-10 LEAGUE CF:HP/COMHISSIONERS UNIVERSAL RAIN SHEETS:MEDIC BOOK: CALIFORNIA LAND USE 2d TCSD INSTRUCTOR EARNINGS ACCOUNT NUMBER 001-165-999-5242 001-163-999-5242 001-2510 001-2510 190-2510 193-2510 194-2510 300-2510 340-2510 001-2510 001-2510 190-2510 193-2510 194-2510 300-2510 340-2510 001-162-999-5220 001-2080 165-2080 190-2080 194-2080 280-2080 300-2080 190-180-999-5250 001-170-999-5215 190-183-999-5330 320-1~-999-5248 001-162-999-5261 190-180-999-5258 001-171-999-5311 001-161-999-5228 190-183-999-5330 REFUND:SEC.DEPOSIT:MS01-0937 190-2900 70128 07/05/01 003076 MET LIFE INSURANCE COMP 003076 DENTALML 70128 07/05/01 003076 MET LIFE INSURANCE COMP 003076 DEHTALML 70128 07/05/01 003076 MET LIFE INSURANCE COMP 003076 DENTALML 70128 07/05/01 003076 MET LIFE INSURANCE COMP 005076 DENTALML 001-2340 165-2340 190-2340 193-2340 ITEM AMOUNT 59.52 107.74 225.15 204.65 11.87 2.22 .74 .80 4.87 225.15- 204.65 11.87 2.22 .74 .80 4.87 362.30 2,485.05 445.85 508.34 16.50 163.54 49.99 28.82 257.67 392.00 1,017.27 100.00 1,725.00 102.37 99.54 326.40 100.00 4,251.81 200.93 687.56 61.12 CHECK AMOUNT 1,183.66 450.30 362.30 3,669.27 28.82 257.67 392.00 1,017.27 100.00 1,725.00 102.37 99.54 326.40 100.00 VOUCHRE2 CITY OF TEMECULA PAGE 7 07/03/01 10:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 70128 70128 70128 70128 70129 70129 70130 70131 70132 70133 70133 70133 70134 70135 70135 70135 70135 70136 70137 7O138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 70138 CHECK VENDOR VENDOR DATE NUMBER NAME ITEM DESCRIPTION 07/05/01 003076 MET LIFE ]NSURAMCE COMP 003076 DENTALML 07/05/01 003076 MET LIFE INSURANCE COMP 003076 DENTALML 07/05/01 003076 MET LIFE INSURANCE COMP 003076 DENTALML 07/05/01 003076 MET LIFE INSURANCE COMP 003076 DENTALML 07/05/01 001905 MEYERS, DAVID WILLIAM 07/05/01 001905 MEYERS, DAVID WILLIAM 07/05/01 MEYERS, MICHELE 07/05/01 001384 MINUTEMAN PRESS 07/05/01 OLOMI, GUILLERMINA 07/05/01 003762 P M X MEDICAL SPECIALTY 07/05/01 003762 P M X MEDICAL SPECIALTY 07/05/01 003762 P M X MEDICAL SPECIALTY 07/05/01 004520 PAINT CONNECTION, THE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REFUND:EXERCISE-BELLY DANCING ENVELOPES FOR MUSEUM REFUND:PICNIC SHELTER PARAMEDIC SQUAD SUPPLIES PARAMEDIC SQUAD SUPPLIES PARAMEDIC SQUAD SUPPLIES RES IMPRV PRGM: GRUNAVER 07/05/01 003955 PANE CONSULTING SERVICE BADGES-MUSEUM REC SUPPLIES 07/05/01 003955 PANE CONSULTING SERVICE ENGRAVING PLATE 07/05/01 003955 PANE CONSULTING SERVICE FREIGHT 07/05/01 003955 PANE CONSULTING SERVICE SALES TAX 07/05/01 001958 PERS LONG TERM CARE PRO 001958 PERB L-T 07/05/01 000247 PESTMASTER 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASR 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/05/01 000249 PETTY CASH 07/03/01 000249 PETTY CASH CITYWIDE R-O-W WEED SPRAYING PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT ACCOUNT NUMBER 194-2340 280-2340 330-2340 340-2340 190-183-999-5330 190-18~-999-5330 190-183-4982 190-185-999-5222 190-183-4989 001-171-999-5311 001-171-999-5311 001-171-999-5311 165-199-813-5804 190-185-999-5301 190-185-999-5301 190-185-999-5301 190-185-999-5301 001-2122 001-164-601-5402 190-184-999-5301 190-183-999-5370 190-180-999-5260 190-183-999-5370 190-183-999-5340 190-186-999-5301 001-164-601-5260 001-111-999-5260 190-180-999-5260 001-100-999-5260 190-185-999-5301 001-163-999-5261 001-164-601-5250 190-180-999-5261 001-164-601-5250 001-110-999-5260 001-171-999-5261 001-162-999-5261 001-111-999-5260 001-140-999-5260 001-140-999-5262 190-185-999-5301 ITEM AMOUNT 5.44 100.45 18.15 130.60 160.00 128.00 25.00 859.95 30.00 216.01 288.48 3,470.7'3 400.00 825.00 38.75 30.00 64.78 83.99 795.00 51.56 13.40 22.18 35.07 25.00 41.28 45.00 25.00 17.99 11.98 4.28 5.00 25.03 42.28 26.57 30.00 50.00 50.00 9.66 8.00 15.94 7.48 CHECK AMOUNT 5,456.06 288.00 25.00 859.95 30.00 3,975.22 400.00 958.53 83.99 795.00 VOUCHRE2 CITY OF TEMECULA PAGE 8 07/05/01 10:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS VODCHER/ CHECK NUMBER 70138 70138 70138 70138 70138 70138 70138 70138 70140 70141 70142 70142 70143 70143 70144 70145 70145 70145 70146 70146 70147 70147 70148 70148 70148 70148 70149 70149 70150 70150 70151 70152 70153 70154 70155 CHECK DATE 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/0t 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 07/05/01 VENDOR NUMBER 000249 000249 000249 000249 000249 000249 000249 000249 000254 003687 003687 000635 000635 002612 004494 004494 004494 002176 002176 000262 000262 002110 002110 002110 002110 000266 000266 000353 000353 000418 000411 002226 000403 000645 VENDOR NAME PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY DASH PETTY CASH PONDER, JAN PRESS ENTERPRISE COHPAN QUEST ENVIRONMENTAL QUEST ENVIRONMENTAL R & J PARTY PALACE R & J PARTY PALACE RADIO SHACK RAMONA TIRE INC RAMONA TIRE INC RAMORA TIRE INC RANCHO CALIF BUS PARK A RANCHO CALIF BUS PARK A RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RENTAL SERVICE CORPORAT RENTAL SERVICE CORPORAT RENTAL SERVICE CORPORAT RENTAL SERVICE CORPORAT R[GHTWAY RIGHTWAY RIVERSIDE CO AUDITOR RIVERSIDE CO AUDITOR RIVERSIDE CO CLERK & RE RIVERSIDE CO FLOOD DONT RUSSO, HARY ANNE SHAWN SCOTT POOL & SPA SMART & FINAL INC ITEM DESCRIPTION ACCOUNT NUMBER PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 190-183-999-5340 001-161-999-5260 190-183-999-5370 001-161-999-5222 001-162-999-5220 001-164-601-5250 001-140-999-5261 001-165-999-5220 REFUND:JULY 4TH VENDOR APPS 190-183-4992 RENEW ANNUAL SBSCRPTN:CTY CLRK 001-120-999-5228 REMOVAL OF RAZ-MAT MATERIALS REMOVAL OF HAZ-MAT MATERIALS 001-164-601-5430 001-164-601-5430 RENTAL EQUIP:JAZZ FEST:5/12-13 280-1~9-999-5362 RENTAL EQUIP:ST.PAINTING:6/2-3 280-199-999-5362 MISC COMPUTER SUPPLIES 320-199-999-5221 FIRE PREVENTION VEHICLE REPAIR 001-171~999-5214 FIRE PREVENTION VEHICLE REPAIR 001-171-999-5214 CREDIT:SALES TAX OVERCHARGED 001-171-999-5214 JUL-SEP BUS.PK ASSOC.DUES:DIAZ 001-164-604-5226 JUL-SEP BUS.PNK ASSOC.DUES:C.H 340-199-701-5226 JUN 01-99-02003-0 FLOATING HTR 001-104-601-5250 JUN 02-79-10100-1 NW SPORTS PK 190-1270 RENTAL EQUIP FOR PW MAINT CREW 001-164-601-5238 RENTAL EQUIP FOR PW MAINT CREW 001-164-601-5238 RENTAL EQUIPMENT FOR PW MAINT 001-164-601-5238 RENTAL EQUIP FOR PW MAINT CREW 001-164-601-5238 RENTAL EQUIP - SMART PROM RENTAL EQUIP - SMART PROM 190-183-999-5372 190-183-999-5372 MAy PARKING CITATION ASSESSMNT 001-2260 MAY PARKING CITATION ASSESSMNT 001-2265 MAY "NTC OF COMPLETION" COPIES 001-163-999-5250 PLAN CHECK FEES:MURRIETA CREEK 210-165-707-5804 TCSD INSTRUCTOR EARNINGS 190-183-999-5330 JUN POOL MAINTENANCE SVCS 190-186-999-5212 RECREATION SUPPLIES FOR TCC 190-184-999-5301 ITEM AMOUNT 75.00 15.00 49.83 7.23 2.96 3.00 20.00 3.21 140.00 143.02 170.00 700.00 746.30 420.28 269.27 652.07 421.00 1.35- 1,813.72 1,319.07 424.04 110.78 421.42 89.46 441.60 66.66 135.75 135.75 1,414.50 7-/0.00 12.00 3,717.84 700.00 ~4.00 143.20 CHECK AMOUNT 738.93 140.00 143.02 870.00 1,166.58 269.27 1,071.72 3,132.79 534.82 1,019.14 271.50 2,184.50 12.00 3,717.84 700.00 774.00 VOUCHRE2 02/05/01 10:35 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 70155 07/05/01 000645 SMART & FINAL 70155 07/05/01 000645 SHART & FINAL INC 70155 07/05/01 000645 SMART & FINAL 70156 07/05/01 000824 SO CALIF ASSN OF GOVERN 70157 07/05/01 000537 SO CALIF EDISON 70157 07/05/01 000537 SO CALIF EDISON 70157 07/05/01 000537 SO CALIF EDISON 70157 07/05/01 000537 SO CALIF EDISON 70157 07/05/01 000537 SO CALIF EDISON 70157 07/05/01 000537 SO CALIF EDISON 70157 07/05/01 000537 SO CALIF EDISON 70157 07/05/01 000537 SO CALIF EDISON 70157 07/05/01 000537 SO CALIF EDISON 70158 07/05/01 SONOLT, BOBBIKAY 70159 07/05/01 SOUTHWESTERN RIVERSIDE 70160 07/05/01 004247 STERICYCLE INC 70161 07/05/01 000465 STRADLEY, MARY KATHLEEN 70161 07/05/01 000465 STRADLEY, MARY KATHLEEN 70162 07/05/01 004565 TAOS INDIAN TRADING 70163 0~/05/01 000305 TARGET STORE 70163 07/05/01 000305 TARGET STORE 70163 07/05/01 000305 TARGET STORE 70163 07/05/01 000305 TARGET STORE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SUPPLIES FOR SMART PROGRAM SUPPLIES FOR 4TH OF JULY SUPPLIES FOR SMART PROGRAM ANNUAL MEMBERSHIP FOR FY 01-02 JUN 2-22-575-0876 O.T.FRONT ST JUN 2-20-792-2444 VARIOUS MTRS JUN 2-19-683-3263 FRONT ST PED JUN 2-22-496-3439 VARIOUS MTRS JUN 2-00'397-5042 CITY HALL JUN 2-00-397-5067 VARIOUS MTRS JUN 2-00-397-5067 VARIOUS MTRS JUN 2-02-502-8077 MAINT FAC JUN 2-18-528-9980 SANTIAGO RD REFUND:SUMMER DAY CAMP REFUND:SECURITY DEPOSIT MEDIC SQUAD MED WASTE DISPOSAL TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS SISTER CITIES VISITOR GIFTS REC SUPPLIES FOR SMART PRGM REC SUPPLIES FOR TCSD RECREATION SUPPLIES FOR TCSD REC SUPPLIES FOR TEEN PROGRAM ACCOUNT NUMBER 190-183-999-5372 190-183-999-5370 190-183-999-5372 001-100-999-5226 190-1990 190-180-999-5319 001-164-603-5319 190-180-999-5319 340-199-701-5240 190-180-999-5240 193-180-999-5240 340-1990 190-180-999-5319 190-182-4984 190-2900 001-171-999-5311 190-183-999-5330 190-183-999-5330 001-101-999-5280 190-183-999-5372 190-183-999-5320 190-183-999-5320 190-183-999-5320 ITEM AMOUNT 54.67 146.45 39.81 3,602.00 597.96 157.25 332.43 110.34 6,963.10 25.92 774.51 1,073.94 49.21 305.00 100.00 47.20 524.00 280.00 1,500.00 6.43 797.56 125.16 80.59 70164 07/05/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 001-2125 596.25 70164 07/05/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 190-2125 96.75 70164 07/05/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 193-2125 6.75 70164 07/05/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 194-2125 2.25 70164 07/05/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 320-2125 45.00 70164 07/05/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 330-2125 33.75 70164 07/05/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 340-2125 51.75 70165 07/05/01 000642 TEMECULA CITY FLEXIBLE 70165 07/05/01 000642 TEMECULA CITY FLEXIBLE 70165 07/05/01 000642 TEMECULA CITY FLEXIBLE 70165 07/05/01 000642 TEMECULA CITY FLEXIBLE 70165 07/05/01 000642 TEMECULA CITY FLEXIBLE 70165 07/05/01 000642 TEMECULA CiTY FLEXIBLE 70165 07/05/01 000642 TEMEOULA CITY FLEXIBLE 70165 07/05/01 000642 TEMECULA CITY FLEXISLE 70165 07/05/01 000642 TEMECULA CITY FLEXIBLE EMPLOYEE CONTRIBUTION TO FLEX 001-1020 EMPLOYEE CONTRIBUTION TO FLEX 165-1020 EMPLOYEE CONTRIBUTION TO FLEX 190-1020 EMPLOYEE CONTRIBUTION TO FLEX 194-1020 EMPLOYEE CONTRIBUTION TO FLEX 192-1020 EMPLOYEE CONTRIBUTION TO FLEX 193-1020 EMPLOYEE CONTRISUTION TO FLEX 280-1020 EMPLOYEE CONTRIBUTION TO FLEX 330-1020 EMPLOYEE CONTRIBUTION TO FLEX 340-1020 001-171-999-5214 70166 07/05/01 004541 TEMECULA RADIATOR/AUTO PARAMEDIC SQUAD VEHICLE REPAIR 4,424.10 225.00 534.00 3.75 1.25 9.75 75.00 466.66 11.25 128.55 PAGE 9 CHECK AMOUNT 384.13 3,602.00 10,084.66 305.00 100.00 47.20 804.00 1,500.00 1,009.74 832.50 5,750.76 128.55 VOUCHER2 CITY OF TEMECULA PAGE 10 07/05/01 10:35 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 70167 70168 70169 70170 70170 70170 7O17O 70170 70170 70170 70170 70170 70170 CHECK VENDOR VENDOR DATE NUMBER NAME 07/05/01 003140 TEMECULA VALLEY TAEKWON 07/05/01 000919 TEMECULA VALLEY UNIFIED 07/05/01 003366 TORAN DEVELOP. & CONSTR ITEM DESCRIPTION TCSD INSTRUCTOR EARNINGS MAINT/REPAIR PW MAINT VEHICLES EMERGENCY REPAIRS:OLD TOWN 07/05/01 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 07/05/01 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 07/05/01 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 07/05/01 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 07/05/01 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 07/05/01 001065 U S C M WEST (OEF COMP) 001065 DEF COMP 07/05/01 001065 U S C M WEST (OEF COMp) 001065 DEF COMP 07/05/01 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 07/05/01 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 07/05/01 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 70171 07/05/01 000389 U S C M WEST (OBRA) 000389 PT RETIE 70171 07/05/01 000389 U S C M WEST (OBRA) 000389 PT RETIE 70171 07/05/01 000389 U S C M WEST (OBRA) 000389 PT RETIE 70171 07/05/01 000389 U S C M WEST (OBRA) 000389 PT RETIE 70171 07/05/01 000389 U S C M WEST (OBRA) 000389 PT RETIE 70171 07/05/01 000389 U S C M WEST (OBRA) 000389 PT RETIE 70171 07/05/01 000389 U S C M WEST (OBRA) 000389 PT RETIE 70171 07/05/01 000389 U S C M WEST (OBRA) 000389 PT RETIE ACCOUNT NUMBER 190-183-999-5330 001-164~601-5214 001-164-603-5250 001-2080 165-2080 190-2080 192-2080 193-2080 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 193-2160 280-2160 320-2160 330-2160 340-2160 ITEM AMOUNT 62.40 129.~ 1,497.75 10,418.72 101.17 2,019.95 7.50 128.69 44.50 114.59 88.55 lw416.68 169.46 910.76 90.50 2,628.74 18.70 26.32 r5.42 63.00 34.90 70172 07/05/01 000325 UNITED WAY 000325 UW 001-2120 127.05 70172 07/05/01 000325 UNITED WAY 000325 UW 165-2120 8.75 70172 07/05/01 000325 UNITED WAY 000325 UW 190-2120 22.60 70172 07/05/01 000325 UNITED WAY 000325 UW 192-2120 .10 70172 07/05/01 000325 UNITED WAY 000325 UW 193-2120 2.20 70172 07/05/01 000325 UNITED WAY 000325 UW 194-2120 .50 70172 07/05/01 000325 UNITED WAY 000325 UN 280-2120 2.50 70172 07/05/01 000325 UNITED WAY 000325 UW 320-2120 5.00 70172 07/05/01 000325 UNITED WAY 000325 U~ 330-2120 5.00 70172 07/05/01 000325 UNITED WAY 000325 UW 340-2120 .60 70173 07/05/01 URISA 07/05/01 004261 VERIZON CALIFORNIA 70174 07/05/01 004550 WEST END UNIFORMS 07/05/01 004550 WEST END UNIFORMS 003756 WHITE HOUSE SANITATION 70175 70175 70177 70178 NEW MEMBERSRIP:BEAL/DEGANGE JUN XXX-9897 GENERAL USAGE TEMEGULA PD UNIFORM PATCHES SALES TAX JUN CLEANING SVC:BTRFLD STAGE REFUND:MUSIC-INSTANT PIANO REFUND:EXERCISE-BELLY DANCING REFUND:SUMMER DAY CAMP 07/05/01 07/05/01 WICKESw MICHELLE 001-161-610-5226 320-1990 001-170-999-5243 001-170-999-5243 190-180-999-5250 190-183-4982 190-183-4982 190-182-4984 07/05/01 WILEY, OLIVIA YOUNG-HOSEY, PAMELA 07/05/01 264. O0 75.92 2,280.00 171.00 50.00 20.00 25.00 CHECK AMOUNT 62.40 129.66 1,497.75 14,509.81 3,848,34 174.30 264.00 75.92 2,451.00 50.00 20.00 25.00 685.00 TOTAL CHECKS 228,277.23 VOUCHRE2 CITY OF TEMECULA PAGE 11 07/12/01 16:18 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COHMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 261 CFD 88-12 ADMIN EXPENSE FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 471 CFD 98-1ADMIN EXPENSE FUND AHOUNT 71,683.03 16,363.31 115,461.06 1.06 15,553.83 747.76 309,786.14 3,000.00 9,093.30 4,264.51 2,010.53 2,874.12 3,378.62 2,750.00 TOTAL 556,967.27 VOUCHRE2 CiTY OF TEMECULA PAGE 1 07/12/01 16:18 VOUCHER/CNECK REGISTER FOR ALL PERIOOS VOUCNER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRiPTiON NUMBER AMOUNT 70180 07/12/01 WILSHIRE ROYALE HOWARD 70181 07/12/01 000374 SO CALIF EDISON 70185 07/12/01 ADAMS, AARON 70186 07/12/01 001916 ALBERT A WEBB ASSOCIATE 70186 07/12/01 001916 ALBERT A WEBB ASSOCIATE HTL:CAM CONF:7/12-14/O1:W.OTT 190-180-999-5258 225.72 EMERG.POWER/IRRIG.SYS:PALA RD 001-165-999-5250 106.88 REIMB: LIBRARY BOND: 6/25/01 001-110-999-5260 90.50 CFD ~-12 CONSULTING SERVICES 261-199-999-5248 3,000.00 CFD 98-1 CONSULTING SERVICES 471-199-999-5248 2,750.00 70187 07/12/01 002527 AMERICAN FLAG AND BANNE SlX - CITY OF TEMECULA FLAGS 001-110-999-5250 395.01 70187 07/12/01 002527 AMERICAN FLAG AND BANNE SIX - CITY OF TEMECULA FLAGS 001-101-999-5280 395.01 70187 07/12/01 002527 /U4ERICAN FLAG AND BANNE SHIPPING PER FLAG 001-110-999-5250 5.25 70187 07/12/01 002527 M4ERICAN FLAG AND BANNE SHIPPING PER FLAG 001-101-999-5280 5.25 70187 07/12/01 002527 AMERICAN FLAG AND SANNE SALES TAX 001-110-999-5250 29.63 70187 07/12/01 002527 AMERICAN FLAG AND BANNE SALES TAX 001-101-999-5280 29.62 70188 07/12/01 004240 AMERICAN FORENSIC NURSE CITY LIMITS BLOOD DRAWS-PD/CNP 001-170-999-5328 84.00 70188 07/12/01 004240 AMERICAN FORENSIC NURSE CITY LIMITS BLOOD DRAWS-PD/CHP 001-170-999-5328 357.00 70188 07/12/01 004240 AMERICAN FORENSIC NURSE CITY LIMITS BLOOD DRAWS-PD/CHP 001-170-999-5328 105.00 70189 07/12/01 004446 AMERICAN SOCIETY OF CIV MEMBERSHIP DUES:HARVEY,SCOTT 001-165-999-5226 135.00 70190 07/12/01 003285 AMERIPRIDE UNIFORM SERV JUN ~L~T/TOWEL RENTAL:CITY HALL 340-199-701-5250 119.25 70190 07/12/01 003285 AMERIPRiDE UNIFORM SERV JUN ~LRT/TOWEL RENTAL:MNTC FAC 340-199-702-5250 42.75 70190 07/12/01 003285 AMERIPRIDE UNIFORM SERV JUN MAT/TOWEL RENTAL:CRC 190-182-999-5250 105.30 70190 07/12/01 003285 AMERIPRIDE UNIFORM SERV JUN MAT/TOWEL RENTAL:TCC 190-184-999-5250 46.20 70190 07/12/01 003285 AMERIPRIDE UNIFORM SERV JUN MAT/TOWEL RENTAL:MUSEUM 190-185-999-5250 39.55 70190 07/12/01 003285 AMERIPRIDE UNIFORM SERV UNIFORMS RENTAL:TCSO MNTC 190-180~999-5243 87.50 70190 07/12/01 003285 AMERIPRIOE UNIFORM SERV UNIFORMS RENTAL:PW MNTC 001-164-601-5243 115.10 70190 07/12/01 003285 AMERiPRiOE UNIFORM SERV dUN IL~T/T(R~EL RENTAL:SR CTR 190-181-999-5250 64.20 70191 07/12/01 003~5 ANDYS GLASS COMPANY RES IMPR PRGM:LUBNIEWSKI 165-199-813-5804 1,212.00 70192 07/12/01 000101 APPLE ONE, INC. TEMP HELP W/E 06/16 WYTRYKUS 001-162-999-5118 536.25 70192 07/12/01 000101 APPLE ONE, INC. TEMP HELP W/E 06/23 ~IYTRYI(US 001-162-999-5118 572.00 70192 07/12/01 000101 APPLE ONE, INC. TEMP HELP W/E 06/30 WYTRYKUS 001-162-999-5118 572.00 70193 07/12/01 003266 ARGUS DATA SECURITY OFFSITE RECORDS STORAGE 001-120-999-5277 145.50 70194 07/12/01 004561 AUDIO EVOLUTION RD9 ANTENNA-B&S VEHICLE 320-199-999-5242 94.00 70194 07/12/01 004561 AUDIO EVOLUTION RD9 ANTENNA-B&S VEHICLE 320-199-999-5242 94.00 70194 07/12/01 004561 AUDIO EVOLUTION RD9 ANTENNA-S&S VEHICLE 320-199-999-5242 94.00 70194 07/12/01 004561 AUDIO EVOLUTION SALES TAX:CITY VEHICLE ANTENNA 320-199-999-5242 6.54 70195 07/12/01 002713 BALLOONS GALORE BALLOONS-VAIL RANCH ANNEX FEST 190-183-999-5370 481.82 70196 07/12/01 000622 BANTA ELECTRIC-REFRIGER REPAIR POOL LIGHTS: CRC 190-182-999-5212 234.00 70196 07/12/01 000622 BANTA ELECTRIC-REFRIGER iNSTALL SENSOR GONTROLS:TCC 190-184-999-5212 245.00 70197 07/12/01 002541 BECKER CONSTRUCTION SRV R&R ~CX~DEN STREET SIGNS 001-164-601-5402 3,080.00 CHECK AMOUNT 225.72 106.88 90.50 5,750.00 859.7/ 546.00 135.00 619.85 1,212.00 1,680.25 145.50 288.54 481.82 479.00 3,080.00 VOUCHRE2 CITY OF TEMECULA PAGE 2 07/12/01 16:18 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMSER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 70198 07/12/01 BESWICK, STEVE REIMB:MEMBERSHIP DUES ASCE 001-165-999-5226 205.00 205.00 70199 07/12/01 BORTFELD, K.JENNIFER REFUND:TINY TOTS-CREATIVE BEG 190-183-4982 30.00 30.00 70200 07/12/01 CA ASSOC OF COOE ENFORC MEMBERSHIP:MARIANNE L. SALAZAR 001-161-999-5226 40.00 40.00 70201 07/12/01 000128 CAL SURANCE ASSOCIATES CITY HALL FIRE INSURANCE 300-199-999-5204 2,986.00 2,986.00 70202 07/12/01 004228 CAMERON WELDING SUPPLY RECREATION SUPPLIES:TCC 190-184-999-5301 25.70 25.70 70203 07/12/01 003940 CHESHERS CUSTOM EMBROID NAVY POLO SHIRTS FOR FINANCE 001-140-999-5260 400.00 70203 07/12/01 003940 CNESNERS CUSTOM EMBROID SALES TAX 001-140-999-5260 30.00 430.00 70204 07/12/01 000442 COMPUTER ALERT SYSTEMS FIRE ALARM SERVICE CALL-CRC 190-182-999-5212 65.00 65.00 70205 07/12/01 004123 D L PHARES & ASSOCIATES JULY RENT:POLICE STOREFRONT 70206 07/12/01 001233 DANS FEED & SEED INC PROPANE GAS FOR FIELD TANKS 001-170-999-5229 1,661.73 1,661.73 001-164-601-5218 11.12 11.12 70207 07/12/01 002990 DAVID TURCH & ASSOCIATE RETAIN ADVOCACY FIRM:FED FUND 001-110-999-5248 4,000.00 70208 07/12/01 70209 07/12/01 70209 07/12/01 70209 07/12/01 70209 07/12/01 70209 07/12/01 70209 07/12/01 70209 07/12/01 70209 07/12/01 70209 07/12/01 70210 07/12/01 70210 07/12/01 70210 07/12/01 70210 07/12/01 70210 07/12/01 70211 07/12/01 70211 07/12/01 002701 DIVERSIFIED RISK JUNE PREMIUMS:SPECIAL EVENTS 300-2180 1,017.59 004192 DOWNS COMMERCIAL FUELIN FUEL FOR CITY VEHICLES 001-163-999-5263 94.83 004192 DOWNS COMMERCIAL FUELIN FUEL FOR CITY VEHICLES 001-161-999-5263 240.59 004192 DOWNS COMMERCIAL FUELIN FUEL FOR CITY VEHICLES 001-1990 49.18 004192 DOWNS COMMERCIAL FUELIN FUEL FOR CITY VEHICLES 001-162-999-5263 191.36 004192 DOWNS COMMERCIAL FUELIN FUEL FOR CITY VEHICLES 001-120-999-5262 31.61 004192 DOWNS COMMERCIAL FUELIN FUEL FOR CITY VEHICLES 190-180-999-5263 12.00 004192 DOWNS COMMERCIAL FUELIN FUEL FOR CITY VEHICLES 001-165-999-5263 210.26 004192 DOWNS COMMERCIAL FUELIN FUEL FOR CITY VEHICLES 001-164-601-5263 883.57 004192 DOWNS COMMERCIAL FUELIN FUEL FOR CITY VEHICLES 001-164-604-5263 41.47 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 06/29 RUSH 001-161-999-5118 2,085.35 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 06/29 EBON 340-199-701-5118 853.80 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 06/29 EBON 340-199-702-5118 284.60 001380 E S I EMPLOYMENT SERVIC lIMP HELP W/E 06/29 DAVIS 190-186-999-5118 746.35 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 06/29 HEER 001-162-999-5118 1,143.20 004130 ELSIRORE ELECTRICAL SUP SPECIAL ORDER LIGHT FIXTURES 190-182-999-5212 190.33 004130 ELSINORE ELECTRICAL SUP SPECIAL ORDER LIGHT FIXTURES 190-185-999-5212 444.10 4,000.00 1,017.59 1,754.87 5,113.30 634.43 70212 07/12/01 002060 EUROPEAN DELI & CATERIN REFSHMNTS:PLANNING COMM MTGS 001-161-999-5260 190.44 190.44 70213 07/12/01 003959 EVERETT & EVERETT PAINT RES IMPR PRGM: JACOBS,BARBARA 165-199-813-5804 3,200.00 70214 07/12/01 70214 07/12/01 70214 07/12/01 70214 07/12/01 70214 07/12/01 001056 EXCEL LANDSCAPE JUN LDSCP IMPR:RIDGEVIEW 193-180-999-5212 450.00 001056 EXCEL LANDSCAPE JUN LDSCP IMPR:RIDGEVIEW 193-180-999-5212 315.00 001056 EXCEL LANDSCAPE JUN LDSCP IMPR:MARTINIQUE 193-180-999-5212 375.00 001056 EXCEL LANDSCAPE JUN LDSCP IMPH:WINCHESTER CRK 190-180-999-5416 75.00 001056 EXCEL LANDSCAPE JUN LDSCP IMPN:WINCNESTER CRK 190-180-999-5416 440.00 3,200.00 VOUCHRE2 CITY OF TEHECULA PAGE 5 07/12/01 16:18 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 7D214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70214 07/12/01 001056 EXCEL LANDSCAPE 70215 07/12/01 000478 FAST SIGNS 70215 07/12/01 000478 FAST SIGNS 70216 07/12/01 000165 FEDERAL EXPRESS 70216 07/12/01 000165 FEDERAL EXPRESS 70216 07/12/01 000165 FEDERAL EXPRESS 70216 07/12/01 000165 FEDERAL EXPRESS 70216 07/12/01 000165 FEDERAL EXPRESS INC 70216 07/12/01 000165 FEDERAL EXPRESS 70216 07/12/01 000165 FEDERAL EXPRESS 70216 07/12/01 000165 FEDERAL EXPRESS 70216 07/12/01 000165 FEDERAL EXPRESS INC 70216 07/12/01 000165 FEDERAL EXPRESS 70216 07/12/01 000165 FEDERAL EXPRESS INC ITEM DESCRIPTION JUN LDSCP IMPR:WINCHESTER CRK JUN LDSCP IMPR:MARGARITA PRK JUN LDSCP IMPR:MARGARTIA PRK JUN LOSCP IMPR:RANCHO VISTA RD JUN LDSCP IMPR:WINCNESTER CRK JUN LDSCP [MPR:WINCNESTER CRK JUN LDSCP IMPR:N1NCNESTER CRK JUN LDSCP IMPR:~INCHESTER CRK JUN LDSCP IMPR:~INCHESTER CRK JUN LDSCP IMPR:IHSTALL BUBBLER dUN LDSCP IMPR:INSTALL RURDLER JUN LDSCP IMPR:INSTALL BUBSLER dUN LDSCP IMPR:ROTARY PRN JUN LDSCP IMPR:CALLE ARAGON PK dUN LDSCP IMPR: CRC JUN LDSCP IMPR: CRC JUN LDSCP IMPR: CRC JUN LDSCP IMPR:JOHN RAGEE PRK dUN LDSCP IMPR:R.C.SPRTS PRK dUN LDSCP IMPR:OLD TUN REHA8 JUN LDSCP IMPR:RANCHO HGHLD JUN LDSCP IMPR:RANCHO HGHLD JUN LDSCP IMPR:RANCNO HGNLD JUN LDSCP IMPR:RANCNO HGHLD JUN LDSCP IMPR:VINTAGE HILLS JUN LDSCP INPR:RARGARITA dUN LDSCP IMPR:MEADONS PRICI~Y JUN LDGCP IMPR:MIRADA JUN LDSCP IMPR:RIVERTON PARK JUN LDSCP IMPR:PRESLEY COUNTRY JUN LDSCP IMPR:LOMA LINOA PRK dUN LDSCP IMPR:CRC PRKLOT JUN LOSCP IMPR:NOOOCREST JUN LDSCP IMPR:R.V.SPRTS PARK JUN LDSCP IMPR:SPORTS PARK JUN LOSCP IMPR:DE PORTOLA RD VAIL RANCH NELCOME BANNER SALES TAX EXPRESS MAIL SERVICES EXPRESS HAIL SERVICES EXPRESS RAIL SERVICES EXPRESS RAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES ACCOUNT NUMBER 190-180-999-5416 190-180-999-5416 190-180-999-5416 193-180-999-5415 190-180-999-5416 190-180-999-5416 190-180-999-5416 190-180-999-5416 190-180-999-5416 193-180-999-5212 193-180-999-5212 193-180-999-5212 190-180-999-5416 190-180-999-5416 190-182-999-5415 190-182-999-5415 190-182-999-5415 190-180-999-5416 190-180-999-5416 001-164-605-5416 193-180-999-5212 193-180-999-5212 193-180-999-5212 193-180-999-5212 193-180-999-5212 190-180-999-5212 193-180-999-5212 193-180-999-5212 190-180-999-5416 195-180-999-5415 190-180-999-5416 190-182-999-5415 193-180-999-5212 190-180-999-5415 190-180-~-5415 193-180-999-5212 190-183-999-5370 190-183-999-5370 001-162-999-5230 001-161-999-5230 001-171-999-5230 001-16~-604-5250 001-165-999-5230 001-163-999-5230 001-150-999-5230 001-162-999-5230 001-165-999-5230 001-171-999-5230 001-120-999-5230 ITEM AMOUNT 550.00 295.00 480.00 52.80 240.00 75.00 120.00 1,125.00 54.00 825.00 875.00 210.00 975.00 385.50 180.00 88.00 24.00 175.00 1,620.00 1,500.00 600.00 750.00 45.00 60.00 3,743.77 4,830.00 350.00 150.00 100.00 352.00 176.00 558.00 133.96 232.25 305.26 168.25 245.04 18.38 52.60 22.00 64.45 7.17 77.31 17.53 12.92 70.64 26.07 37.79 17.53 CHECK AMOUNT 24,058.79 263.42 VOUCHRE2 CITY OF TEMECULA PAGE 4 07/12/01 16:18 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM ACCOUNT ITEM DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 70216 07/12/01 000165 FEDERAL EXPRESS INC 70216 07/12/01 000165 FEDERAL EXPRESS INC 70216 07/12/01 000165 FEDERAL EXPRESS INC 70216 07/12/01 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES 001-162-999-5230 001-165-999-5230 001-163-999-5230 001-150-999-5230 172.62 29.39 11.00 12.92 631.94 70217 07/12/01 004310 FEDEX GROUND GROUND EXPRESS PACKAGE SERVICE 001-111-999-5230 28.87 28.87 70218 07/12/01 000166 FIRST AMERICAN TITLE CO 70218 07/12/01 000166 FIRST AMERICAN TITLE CO 70218 07/12/01 000166 FIRST AMERICAN TITLE CO PAUBA RO IMPR:LITIGATION PAUBA RD INPR:LITIGATION PAUSA RD IMPR:LITIGATION 210-165-606-5801 210-165-606-5801 210-165-606-5801 400.00 400.00 400.00 1,200.00 70219 07/12/01 003347 FIRST BANKGARD CENTER 70219 07/12/01 003341 FIRST BANKCARD CENTER 70219 07/12/01 003347 FIRST BANKCARD CENTER 70219 07/12/01 003347 FIRST BANKCARD CENTER 70219 07/12/01 003347 FIRST 8ANKCARD CENTER 70219 07/12/01 003347 FIRST BANKCARD CENTER 70219 07/12/01 003347 FIRST BANKCARD CENTER XX-7824 COHERGHERO:LEAGUE OF C 001-1990 XX-9277 R.ROSERTS:LEAGUE OF CI 001-1990 XX-2292 G.ROBERTS:CAMERA/CONF 001-140-999-5242 XX-2292 G.ROBERTS:CAMERA/CONF 300-1990 XX-2292 G.ROBERTS:CAMERA/CONF 001-1990 XX-6165 YATES:EMPLOYEE MEETING 001-150-999-5265 XX-1143 PARKER:OFF-SITE MTG 190-180-999-5260 1,229.64 1,089.87 249.93 249.92 333.00 390.93 174.00 3,717.29 70220 07/12/01 001937 GALLS INC TRIAGE DISASTER MGMT KIT:MEDIC 001-171-999-5311 341.83 341.83 70221 07/12/01 002528 GLASS BLASTERS CITY MUGS FOR NEW HIRES 001-150-999-5265 16.13 16.13 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 00017'7 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PROOUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70222 07/12/01 000177 GLENNIES OFFICE PRODUCT 70224 07/12/01 004019 GOLDEN STATE FENCE COMP 70224 07/12/01 004019 GOLDEN STATE FENCE COMP 70225 07/12/01 000711 GRAPHICS UNLIMITED LITH 70225 07/12/01 000711 GRAPHICS UNLIMITED LITH OFFICE SUPPLIES-CITY MGR 001-110-999-5220 OFFICE SUPPLIES-CITY MGR 001-110-999-5220 OFFICE SUPPLIES-CITY CLERK 001-120-999-5220 OFFICE SUPPLIES-COPY CENTER 330-199-999-5242 OFFICE SUPPLIES-FINANCE DEPT 001-140-999-5220 OFFICE SUPPLIES-HUMAN RESOURCE 001-150-999-5220 OFFICE SUPPLIES-DLDG & SAFETY OFFICE SUPPLIES-CRC LASER POINTERS:MUSEUM OFFICE SUPPLIES-SMART PRGM OFFICE SUPPLIES-TCSO OFFICE SUPPLIES:SR CENTER OFFICE SUPPLIES-CASH REGISTER OFFICE SUPPLIES-MUSEUM OFFICE SUPPLIES-TCSD OFFICE SUPPLIES-FIRE DEPT OFFICE SUPPLIES-FIRE DEPT OFFICE SUPPLIES-RDA:LOW/MOD OFFICE SUPPLIES-RDA:LOW/MOD OFFICE SUPPLIES-RECORDS MGMT 001-162-999-5220 190-182-999-5301 190-185-999-5301 190-183-999-5372 190-180-999-5220 190-181-999-5220 190-186-999-5220 190-185-999-5220 190-180-999-5220 001-171-999-5220 001-171-999-5220 165-199-999-5220 280-199-999-5220 001-120-999-5277 REL RETENTION:R.C. PVC FENCE 193-2035 REL RETENTION:PALA PARK FENCE 190-2035 CONCERT BROCHURE GRAPHIC DESGN 190-180-999-5250 CONCERT BROCHURE GRAPHIC DESGN 190-180-999-5222 246.01 404.65 351.50 432.65 378.91 61.28 172.88 182.07 81.47 241.22 99.73 87.46 1,139.42 18.81 6~8,79 400.00 66.07 4.03 4.03 301.00 2,500.00 357.30 198.63 1,000.00 5,321.98 2,857.30 1,198.63 70226 07/12/01 000186 HANKS HARDWARE INC HARDWARE SUPPLIES-FIRE DEPT 001-171-999-5212 38.57 VOUCHRE2 CITY OF TEMECULA PACE 5 07/12/01 16=18 VOUCNER/CNECK REGISTER FOR ALL PERIOUS VOUCRER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70226 07/12/01 000186 70227 07/12/01 70228 07/12/01 70228 07/12/01 70229 07/12/01 70230 07/12/01 70231 07/12/01 70232 07/12/01 70232 07/12/01 70232 07/12/01 70232 07/12/01 70232 07/12/01 70232 07/12/01 70232 07/12/01 70232 07/12/01 70233 07/12/01 70234 07/12/01 70235 07/12/01 70236 07/12/01 70237 07/12/01 70238 07/12/01 VENDOR NAME HANKS HARDWARE HANKS HARDWARE INC HANKS NARDWARE HANKS HARDWARE INC HANKS HARDWARE HANKS HARDWARE HANKS HARDWARE INC HANKS HARDWARE HANKS HARDWARE HANKS HARDWARE HANKS HARDWARE HANKS HARDWARE HANKS BARDWARE HANKS HARDWARE HANKS HARDWARE HANKS HARDWARE INC NANKS HARDWARE IRC RANKS HARDWARE HANKS HARDWARE 004242 HARMONY ARTISTS INC 001407 INTER VALLEY POOL SUPPL 001407 INTER VALLEY POOL SUPPL JOAN F. SPARKMAN ELEM. 003046 K F R 0 G 95.1 FM RADIO 002424 KELLEY DISPLAY INC 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE 001~7 KELLY TEMPORARY SERVICE 001667 KELLY TEMPOP~RRY SERVICE 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE 001091 KEYSER MARSTON ASSOCIAT 001085 L N CURT]S& SONS 000945 L P S COMPUTER SERVICE LAMONDE, BRIAN 000869 LAWRENCE WELK RESORT TN LENNAR HOMES-INLAND DIV ITEM DESCRIPTIOR HARDWARE SUPPLIES-TCSD REC HARDWARE SUPPLIES-CITY HALL CAN COMPACTORS:EXTREME RECYCLE SALES TAX HARDWARE SUPPLIES-TCSD MNTC TOOLS & EQUIP:TCSD MNTC TOOLS & EQUIP:TCSD MNTC TOOLS & EQUIP:TCSD MRTC HARDWARE SUPPLIES-TCC HARDWARE SUPPLIES-TCSD HARDWARE SUPPLIES-TCSD MNTC HARDWARE SUPPLIES-TCSD MNTC HARDWARE SUPPLIES-TCSD MNTC HARDWARE SUPPLIES-MUSEUM HARDWARE SUPPLIES-PW MNTC HARDWARE SUPPLIES*AQUATICS HARDWARE SUPPLIES-TCSD MNTC HARDWARE SUPPLIES-SPORTS PRGMS HARDWARE SUPPLIES:INFO SYS ENTERTAINMENT:JULY 4TH EVENT POOL SANITIZING CHEMICALS POOL SANITIZING CHEMICALS ACCOUNT NUMBER 190-183-999-5372 340-199-701-5212 194-180-999-5265 194-180-999-5265 190-180-999-5212 190-180-999-5242 340-199-701-5242 340-199-702-5242 190-184-999-5212 190-180-999-5212 190-180-999-5242 340-199-701-5242 340-199-702-5242 190-185-999-5212 001-164-603-5212 190-186-999-5301 190-180-999-5212 190-187-999-5301 320-199-999-5242 190-183-999-5570 190-186-999~5212 190-186-999-5212 REFUND:SECURITY DPST:MS01-0278 190-2900 HOT SUMMER BROADCAST SVCS 280-199-999-5362 JULY 4TH BANNERS CLEAN/SHIPPED 280-199-999-5362 TEMP HELP W/E 05/20 DANIELS TEMP HELP WE 05/20 DANIELS TEMP HELP W/E 05/27 OANIELS TEMP HELP W/E 06/03 DANIELS TEMP HELP W/E 06/03 HILNE TEMP HELP W/E 06/10 DANIELS TEMP HELP W/E 06/17 OANIELS TEMP HELP W/E 06/24 DANIELS JUN PROF SVCS:PUJOL ST DEVEL TOOLS & EQUIP FOR PARAMEDICS HP PRINTER SUPPLIES REFD:SPRTS-SKYRWK FLG FOOTBALL SR EXCURSION:SOUTH PACIFIC 001-161-999-5118 001-161-999-5118 001-161-999-5118 001-161-999-5118 001-140-999-5118 001-161-999-5118 001-161-999-5118 001-161-999-5118 165-199-999-5250 001-171-999-5311 320-199-999-5221 190-183-4982 190-183-999-5350 REFUND;OVRPMT PERMIT B00-2498 001-2290 ITEM AMOUNT 134.45 22.52 149.90 11.24 307.26 632.32 653.88 510.16 136.83 2.57 12.48 12.89 10.04 17.28 72.94 196.36 50.71 230.53 117.38 4,037.50 228.33 241,02 100.00 49.61 394.23 272.25 259.75 532.00 422.28 106.40 269.33 532.00 532.00 1,962.50 1,135.87 523.10 363.00 330.00 7.43 CHECK AMOUNT 3,320.31 4,037.50 469.35 100.00 49.61 394.23 2,926.01 1,962.50 1,135.87 523.10 363.00 330.00 7.43 VOUCHRE2 07/12/01 16:18 VOUCHER/ CHECK CHECK VENDOR HUMBER DATE NUMBER 70239 07/12/01 004087 70239 07/12/01 004087 70239 07/12/01 004087 70240 07/12/01 003428 70241 07/12/01 000217 70241 07/12/01 000217 70242 07/12/01 004107 70243 07/12/01 000944 70243 07/12/01 000944 70244 07/12/01 000437 70244 07/12/01 000437 70244 07/12/01 000437 70245 07/12/01 004522 70245 07/12/01 004522 70246 07/12/01 003707 70247 07/12/01 004390 70248 07/12/01 004512 70249 07/12/01 004199 70250 07/12/01 002139 70250 07/12/01 002139 70251 07/12/01 004152 70252 07/12/01 003964 70252 07/12/01 003964 70255 07/12/01 002105 70253 07/12/01 002105 70254 07/12/01 002652 70254 07/12/01 002652 70255 07/12/01 002297 70256 07/12/01 004520 70256 07/12/01 004520 70256 07/12/01 004520 70257 07/12/01 003955 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS VENDOR ITEM NAME DESCRIPTION LOWE'S LOWE~S LOWE~S M V P TEMEOULA SHUTTLE HARDWARE SUPPLIES:TCC HARDWARE SUPPLIES:SR CENTER HARDWARE SUPPLIES-TCSD REC SAN DIEGO SPORTS FIELDS TOUR MARGARITA OFFICIALS ASS SOFTBALL OFFICIATING SERVICES ~LRRGARITA OFFICIALS ASS ASSN FEE 10% OF GAME FEE MASSA-LAVITT, SANDRA MCCAIN TRAFFIC SUPPLY I MCCAIN TRAFFIC SUPPLY I MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES 6/25-6/29/01 CONSULTING SVCS TRAF SGNL MAINTENANCE TOOLS TRAF SNGL MAINTENANCE TOOLS ANNUAL CITY AUDIT FYO0-01 ANNUAL RDA AUDIT FYO0-01 ANNUAL RDA AUDIT FYO0-01 MULLIGANS FAMILY FUN CE DAY CAMP EXCURSION 6/21/01 MULLIGANS FAMILY FUN CE DAY CAMp EXCURSION 6/21/01 NATAL ASSN OF PURCHASIN MEMBERSHIP DUES:7/2001-7/2002 NATELSON COMPANY INC NINYO & MOORE NORTH COUNTY PUMP SERVI CONSULT SVCS:WATER PARK STUDY SOIL TESTING:40 ACRE PARK SITE REPAIR IRRIG.SYS PUMP a STN 84 NORTH COUNTY TIMES- ATT RECRUITMENT AD:LDSCP INSPECTOR NORTH COUNTY TIMES- ATT RECRUITMENT AD:MA]NT WORKER O~MALLEY ENGINEERING CO SURVEY SVCS:MARG RD WIDENING OFFICE DEPOT BUSINESS S OFFICE SUPPLIES-FINANCE OFFICE DEPOT BUSINESS S OFFICE SUPPLIES-FINANCE OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT OLO TOUN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT OSCARS RESTAURANT REFRESHMENTS-MGMT WRKSHP 6-28 OSCARS RESTAUILRNT SALES TAX PACIFIC RELOCATION CONS APR-MAY CONSULT SVC:CHLDRN MUS PAINT CONNECTION, THE PAINT CONNECTION, THE PAINT CONNECTION, THE PANE CONSULTING SERVICE FACADE IMPRV PRGM:THE STAMPEDE AOD~L WRK:FACADE IMPR:STAMPEDE 1ST DRAW:FACADE IMPR:CHAPARRAL SUPPLIES FOR CITY PROMO PRGM ACCOUNT HUMBER 190-184-999-5212 190-181-999-5212 190-182-999-5301 210-190-173-5802 190-187-999-5250 190-187-99~-5250 001-161-999-5248 001-164-602-5242 001-164-602-5242 001-140-999-5248 165-199-999-5248 280-199-999-5248 190-183-999-5340 190-183-999-5340 001-140-999-5226 210-190-170-5802 210-190-173-5802 001-171-999-5212 190-180-999-5254 190-180-999-5254 210-165-706-5804 001-140-999-5220 001-140-999-5220 190-180-999-5214 001-162-999-5214 001-150-999-5261 001-150-999-5261 210-190-165~5804 280-199-813-5804 280-199-813-5804 280-199-813-5804 001-111-999-5270 ITEM AMOUNT 311.56 107.47 253.40 612.00 2,100.OO 210.00 2,463.03 509.13 129.42 3,951.06 500.00 500.00 572.00 135.00 160.00 1,500.00 2,800.00 7~7.68 72.50 92.50 7'75.00 51.65 71.02 19.15 19,15 433.00 29.10 4,4~5.00 1,897.89 1,155.78 5,000.00 2,465.75 PAGE 6 CHECK AMOUNT 672.43 612.00 2,310.00 2,463.03 638.55 4,951.06 707.00 160.OO 1,500.00 2,800.00 165.00 775.00 122.67 38.30 462.10 4,475.00 8,055.67 2,465.75 VOUCHRE2 07/12/01 16:18 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 70258 07/12/01 000249 PETTY CASH 70258 07/12/01 000249 PETTY CASH 70258 07/12/01 000249 PETTY CASH 70258 07/12/01 000249 PETTY CASH 70258 07/12/01 000249 PETTY CASH 70258 07/12/01 000249 PETTY CASH 70258 07/12/01 000249 PETTY CASH 70259 07/12/01 000254 PRESS ENTERPRISE CONPAN 70259 07/12/01 000254 PRESS ENTERPRISE COMPAN 70260 07/12/01 001416 QUICK CRETE PROOUCTS IN 70260 07/12/01 001416 QUICK CRETE PROOUCTS IN 70261 07/12/01 004272 RANCHO ARMY NAVY 70261 07/12/01 004272 RANCHO ARMY NAVY 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70262 07/12/01 000262 70263 07/12/01 70263 07/12/01 7026~ 07/12/01 70265 07/12/01 70266 07/12/01 70267 07/12/01 70267 07/12/01 70268 07/12/01 70268 0~/12/01 70268 07/12/01 70268 07/12/01 70268 07/12/01 70268 07/12/01 RANCHO CALIF WATER DIST RANCMO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIBT RANCHO CALIF WATER DIBT RANCHO CALIF WATER OIST RANCHO CALIF WATER DIST RANCHO CAL1F WATER DIST RANCHO CALIF WATER DIST RANCHO CALIE WATER OIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST 000907 RANCHO CAR WASH 000907 RANCHO CAR WASH RANCHO ELEMENTARY SCHO0 RANCHO RUNNERS 003591 RENES COMMERCIAL MANAGE 002110 RENTAL SERVICE CORPORAT 002110 RENTAL SERVICE CORPORAT 004498 REPUBLIC ELECTRIC 004498 REPUBLIC ELECTRIC 004498 REPUBLIC ELECTRIC 004498 REPUBLIC ELECTRIC 004498 REPUBLIC ELECTRIC 004498 REPUBLIC ELECTRIC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PETTY CASH REINBURSEHENT PETTY CASH REIMBURSEMENT PETTY CASM REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT VARIOUS RECRUITMENT ADS FOR HR VARIOUS RECRUITMENT ADS FOR HR CONTAINERS:EXTRM.RECYCLING PRG SALES TAX 10X15 CANOPY FOR FIRE PREV.USE 10X10 CANOPY FOR FIRE PREV USE JUL 01'08-00035-0 HWY 79S JUL 01'08-00038-1 PALA RD dUN 01-06-8~860-5 PUdOL ST JUN 01-02-98000-0 STN ~ dUN 01-02-98010-0 STN ~ VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER BETERB VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING & GAS REFUND:SEC DEP MS01-0734 CITY ATTORNEY COURIER SVCS:7/3 WEED ABATEMENT:VARIOUS PARKS EQUIPMENT RENTAL-PW HAINT CREW EQUIPMENT RENTAL-PW MAINT CREW PRGS PMT:TRAF SGNL CONVERSION C/O PRGS PMT:TRAF SGNL CONVERS C/O PRGS PMT:LED CONVERSION RET.W/H PMT:LEO CONVERSION CREDIT:BILLING ERROR:PW01-03 REVERSE RETENTION FOR CREDIT ACCOUNT NUMBER 190-183-999-5320 190-183-999-5320 190-183-999-5340 190-183-999-5340 190-183-999-5370 190-187-999-5301 001-140-999-5250 190-180-999-5254 001-165-999-5254 194-180-999-5265 194-180-999-5265 001-171-999-5242 001-171-999-5242 001-165-999-5250 001-165-999-5250 280-199-807-5801 001-171-999-5240 001-171-999-5240 190-180-999-5240 190-181-999-5240 190-182-999-5240 190-184-999-5240 190'186-999-5240 193-180-999-5240 340-199-701-5240 190-185-999-5240 190-180-999-5240 193-180-999-5240 001-110-999~5214 001-110-999-5263 190-2900 001-110-999-5230 190-180-999-5250 001-16~-601-5238 001-164-601-5238 210-165-618-5804 210-165-618-5804 210-165-618-5804 210-2035 210-165-618-5804 210-2035 ITEM' AMOUNT 33.54 49.33 11.21 27.78 8.59 12.22 22.01 526.16 692.64 531.00 39.83 752.50 268.7~ 207.64 514.29 9.62 290.95 10,365.41 126.09 874.49 321.31 188.65 1,657.56 450,22 55.46 1,467.79 lf848.77 28.00 107.70 100.00 110.00 4,520.00 53.76 65.60 278,127.14 26,328.35 36,000.00 34,045.55- 9,141.94- 914.19 PAGE CHECK AMOUNT 164.68 1,218.80 570.83 1,021.23 18,420.98 135.70 100.00 110.00 4,520.00 119.36 298,182.19 VOUCBRE2 07/12/01 16:18 VOUCHER/ CHECK CHECK HUMBER DATE 70269 07/12/01 70270 07/12/01 70271 07/12/01 70272 07/12/01 702?3 07/12/01 7O2?3 07/12/01 70274 07/12/01 70274 07/12/01 70274 07/12/01 70274 07/12/01 70274 07/12/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NUMBER 000411 000268 001592 RIVERSIDE CO INFO TECHN 001309 RUSE, PHYLLIS VENDOR ITEM NAME DESCRIPTION RIVERSIDE CO FLOOD CONT APR PLAN CHECK FEES - PALA RD RIVERSIDE CO NAD[TAT JUNE 2001 K-BAT PAYMENT 4 NEW EMERG. RADIOS:P,D, RE/MB:LIB.BOND HEARING:6-25-01 000277 S & S ARTS & CRAFTS IRC TCSD RECREATION SUPPLIES 000277 S & S ARTS & CRAFTS INC MISC CRAFT SUPPLIES-CRC 001942 S C SIGNS JUN POSTING PUBL.NTCS:PLANNING 001942 S C SIGNS JUN NEW SIGN CONSTR-PLANNING 001942 S C SIGNS 001942 S C SIGNS 001942 S C SIGNS 70275 07/12/01 001288 70276 07/12/01 70276 07/12/01 70276 07/12/01 70276 07/12/01 70276 07/12/01 70276 07/12/01 JUN NEW SIGN CONSTR-CITY CLERK MAy POSTING PUBL NTCS:PLANNING MAY POSTING PUBL.NTCS:PLANNING SAN DIEGO BUSINESS JOUR ANNUAL SUBSCRIPTION:WOLNICK 004562 SCHIRMER ENGINEERING CO HAy PLAN CK SVCS:B01-0599 004562 SCNIRMER ENGINEERING CO HAY PLAN CK SVC$:PAO0-0417 004562 SCRIRMER ENGINEERING CO MAy PLAN CK SVCS:800-1084 004562 SCHIRMER ENGINEERING CO MAy PLAN CK SVCS:800-2200 004562 SCHIRMER ENGINEERING CO HAy PLAN CK SVCS:B00-2647 004562 SCHIRMER ENGINEERING CO MAy PLAN CE SVCS:B00-1922 70277 07/12/01 000697 70278 07/12/01 70278 07/12/01 SISTER CITIES INTERNATI CITY ANNUAL MBRSHP DUES 2001 70279 07/12/01 70279 07/12/01 70279 07/12/01 70279 07/12/01 70279 07/12/01 70279 07/12/01 7O279 07/12/01 70279 07/12/01 70279 07/12/01 70279 07/12/01 70279 07/12/01 7O279 07/12/01 70279 07/12/01 7O280 07/12/01 7O280 07/12/01 70280 07/12/01 70281 07/12/01 70281 07/12/01 000645 SMART & FINAL INC 000645 SMART & FINAL INC 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EOISON 000537 SO CAL[F EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDZSON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON RECREATION CLASS SUPPLIES RECREATION CLASS SUPPLIES JUL 2-17-214-0428 MEADOWS PKWY JUL 2-06-I05-0654 VARIOUS HTRS JUL 2-10-331-1353 STN ~ JUL 2-18-363-1902 PAUBA RD JUN 2'10-331-2153 TCC JUN 2-19~558-2262 VARIOUS MTRS JUN 2-20-798-3248 VARIOUS MTRS JUN 2-19-683-3255 FRONT ST PEO JUL 2-02-351-5281 CRC JUL 2-02-351-5281 CRC JUL 2-01-202-7330 VARIOUS MTRS JUL 2-01-202-7605ARTERIAL STLT JUN 2~05-791-8807 VARIOUS MTRS 000519 SOUTH COUNTY PEST CONTR CITY HALL PEST CONTROL SERVICE 000519 SOUTH COUNTY PEST CONTR CRC PEST CONTBOL SERVICES 000519 SOUTH COUNTY PEST CONTR MAINT FAC PEST CONTROL SVCS 004420 STATE CO~tP INSURANCE FU JUNE WORKERS~ COMP PREMIUM 004420 STATE COMp INSURANCE FU JUNE WORKERS~ COMP PREMIUM ACCOUNT NUMBER 210-165-605-5802 001-2300 001-170-999-5238 190-180-999-5260 190-183-~9-53~ 190'182-999-5301 001-161-999-5256 001-161-999-5256 001-120-999-5244 001-161-999-5256 001-161-999-5256 001-111-999-5228 001-171-999-5250 001-171-999-5250 001-171-999-5250 001-171-9~9-5250 001-171-999-5250 001-171-999-5250 001-101-999-5280 190'183-~9-5370 190'183-~-53~ 190-180-999-5319 190-180-999-5319 001-171-999-5240 190-180-999-5319 190-184-999-5240 190'180-999~5240 190-180-999-5240 001-164-603-5319 190-182-999-5240 190-186-999-5240 190-180-999-5319 190-180-999-5319 190-1~0 340'199-701-5250 190'182-999-5250 340-199-702-5250 001-2370 165-2370 ITEM AHOUNT 241.95 2,936,92 120.00 51.00 96.10 450.65 325.00 1,450.00 1,450.00 125.00 525.00 ~.00 200.00 300.00 200.00 400.00 400.00 400.00 380.00 253.93 27.84 43.61 2,101.57 1,520.25 27.27 1,319,60 89.41 216.05 459.60 6,024.59 1,845.34 33,434.18 13,468.50 137.33 56.00 90.00 40.00 5,392.49 134.78 PAGE CHECK AMOUNT 241.95 2,936.92 120.OD 51.00 546.73 3,875.00 79.00 1,900.00 380.00 281.77 60,687.30 186.00 VOUCHRE2 07/12/01 16:18 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION 70281 07/12/01 004420 70281 07/12/01 004420 70281 07/12/01 004420 70281 07/12/01 004420 70281 07/12/01 004420 70281 07/12/01 004420 70281 07/12/01 004420 70281 07/12/01 004420 70281 07/12/01 004420 70281 07/12/01 004420 70282 07/12/01 000305 70282 07/12/01 000305 70282 07/12/01 000305 70282 07/12/01 000305 70283 07/12/01 70284 07/12/01 70284 07/12/01 70284 07/12/01 70285 07/12/01 70286 07/12/01 70286 07/12/01 70286 07/12/01 70287 07/12/01 STATE COMP INSURANCE FU JUNE WORKERS~ STATE COMP INSURANCE FU JUNE WORKERS~ STATE COMp INSURANCE FU JUNE ~ORKERS~ STATE COMp INSURANCE FU JUNE ~ORKERS~ STATE COMP INSURANCE FU JUNE WORKERS~ STATE COMP INSURANCE FU JUNE ~ORKERS~ STATE COMP INSURANCE FU JUNE WORKERS~ STATE COMP INSURANCE FU JUNE WORKERS' STATE COMP INSURANCE FU JUNE WORKERS~ STATE COMP INSURANCE FU JUNE WORKERS~ COMP PREMIUM COMP PREMIUM COMP PREMIUM COMP PREMIUM COMP PREMIUM COMP PREMIUM COMP PREMIUM COMP PREMIUM COMP PREMIUM COMP PREMIUM TARGET STORE TARGET STORE TARGET STORE TARGET STORE 000168 TEMECULA FLOWER CORRAL TCSD RECREATION SUPPLIES MISC SUPPLIES FOR SMART PROM RECREATION SUPPLIES FOR TCC RECREATION SUPPLIES-AQUATICS SUNSHINE FUND 000307 TEMECULA TROPHY COMPANY MEMORIAL PLAQUE:D,NOGAN 000307 TEMECULA TROPNY COMPANY SALES TAX 000307 TEMECULA TROPHY COMPANY PLAQUES/RIBBONS:JUL 4TH PARADE 000306 TEMECULA VALLEY PIPE & VAR PARKS MAINTENANCE SUPPLIES 004274 TEMECULA VALLEY SECURIT EMERG LOCKSMITH SVCS FOR PARKS 004274 TEMECULA VALLEY SECURIT CRC LOCKSMITH SERVICES 004274 TEMECULA VALLEY SECURIT EMERG LOCKSMITH SVCS:K.H. PARK 003140 TEMECULA VALLEY TAERt~3N TCSD INSTRUCTOR EARNINGS 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70288 07/12/01 003633 70289 07/12/01 70289 07/12/01 70289 07/12/01 70289 07/12/01 TOLL ROADS, THE TOLL ROAOS, THE TOLL ROADS, THE TOLL ROADS, THE TOLL ROADS, THE TOLL ROADS, THE TOLL ROADS, THE TOLL RO~J)S, THE TOLL ROADS, THE TOLL ROADS, THE TOLL ROADS, THE TOLL ROADS, THE TOLL ROADS, THE TOLL ROADS, THE TOLL ROADS, THE TOLL ROAD USAGE TOLL ROAD USAGE TOLL ROAD USAGE TOLL ROAD USAGE TOLL ROAD USAGE TOLL ROAD USAGE TOLL ROAD USAGE TOLL ROAD USAGE TOLL ROAD USAGE TOLL ROAD USAGE FASTRAK USAGE FASTRAK USAGE FASTRAK USAGE FASTRAK USAGE FASTRAK USAGE 003858 TOM RONEY ROOFING 003858 TOM RONEY ROUFING 003858 TOM RONEY ROOFING 003858 TOM RONEY ROOFING CREDIT:HOMEOWNER'S PMT PORTION RES IMPRV PROM: MART RES IMPRV PRGM: JOHNSON RES IMPRV PRGM: VANCE ACCOUNT NUMBER 190-2370 192-2370 193-2370 194-2370 280-2370 300-2370 320-2370 330-2370 340-2370 001-1182 190-18~-999-5372 190-183-999-5372 190-184-99~~5301 190-186-999-5301 001-2170 190-180-999-5250 190-180-999-5250 190-183-999-5370 190-180-999-5212 190-180-999-5250 190-182-999-5212 190"180-999-5250 190-183-999-5330 001-171-999-5214 001-162-999-5214 001-140-999-5250 001-101-999-5280 001-110-999-5214 190-180-999-5214 001-161-999-5214 001-163-999-5214 001-120-999-5250 340-199-701-5214 001-120-999-5250 001-140-999-5250 190-180-999-5214 001-161-499-5214 340-199-701-5214 165-199-813-5804 165-199-813-5804 165-199-813-5804 165-199-813-5804 ITEM AMOUNT 2,041.41 1.06 91.72 15.79 49.03 11.00 127.54 25.29 312.26 63.59 130.69 146.00 26.77 153.56 164.32 246.00 18.45 686.47 67.41 26.32 65.00 68.81 436.80 10.20 7.50 4.50 3.50 1.00 18.55 16.65 1.25 10.30 8.25 5.10 8.28 6.50 4.75 2.00 75.00- 5,000.00 3,650.00 775.00 PAGE 9 CHECK AMOUNT 8,265.96 457.02 164.32 950.92 67.41 160.13 436.80 108.33 9,350.00 VOUCNRE2 CITY OF TEMECULA PAGE 10 07/12/01 16:18 VOUCRER/CNECK REGISTER FOR ALL PEHIOOS VOUCHER/ CHECK HUMBER 70290 7O291 70291 70292 70293 70294 70294 70294 70294 70294 70294 70295 70295 70296 70297 70298 70299 70299 70299 70299 CHECK DATE 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 07/12/01 VENDOR NUMBER 000320 004542 004542 VENDOR NAME TONNE CENTER STATIONERS TRUGREEN LAND CARE TRUGREEN LAND CARE VAIL ELEMENTARY PTA 000332 VANDORPE CHOU ASSOCIATE 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004279 VERIZON CALIFORNIA INC. 004279 VERIZON CALIFORNIA INC. 002658 VOLLNUTH, MARY 003730 WEST COAST ARBORISTS IN 002109 WHITE CAP INDUSTRIES IN 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION 81LLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI ITEM DESCRIPTION ACCOUNT NUMBER OFFICE SUPPLIES FOR B&S LDSCP MAINT. - LOHA LINDA PARK INSTALL 2 BKFLW ENCLOSURES-O.T REFUND: SEC DEP MS01-0912 001-162-999-5220 190-180-999-5416 001-164-603-5212 190-2900' PLAN CHECK SVCS VAN DORPE 001-162-999-5240 JUN XXX-1289 PRATT JUN XXX-1408 PD SATELLITE STN JUN XXX-2629 RAGGAR JUN XXX-2670 911 AUTO DIALER JUN XXX-3539 GENERAL USAGE JUN XXX-5509 GENERAL USAGE 320-199-999-5208 001-170-999-5229 320-199-999-5208 320'199-999-5208 320-199-999-5208 320-199-999-5208 JUL ACCESS-CRC OPEN PHONE LINE 320-199-999-5208 JUL ACCESS-RVSD CO OPEN LINE 320-199-999-5208 EMP PICNIC RECOGN AWARDS 001-150-999-5265 CITYWIDE TREE RAINT SERVICES 001-164-601-5402 SUPPLIES FOR PW MAINT CREWS 001-164-601-5218 JUN LEASE DCCS 50 COPIER 330-2800 JUN INTEREST DCCS 50 COPIER 330-199-999-5391 JUN DCCS 50 COPIER USAGE 330-199-999-5217 JUN ADD~L OCCS 50 COPIER USAGE 330-199-999-5217 ITEM AMOUNT 189.62 1,325.00 2,382.50 100.00 3,161.32 34.00 334.00 38.91 28.38 38.22 130.42 342.02 342.02 250.00 3,471.00 142.99 294.72 226.62 1,157.12 '~7.72 CHECK AMOUNT 189.62 3,707.50 100.00 3,161.32 603.93 684.04 250.00 3~471,00 142.99 2,416.18 TOTAL CHECKS 556,967.27 07/13/01 15:48 FUND TITLE 001 GENERAL FUND 190 COMMUNITY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 320 INFORMATION SYSTEMS 340 FACILITIES CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS AMOUNT 1,490,904.58 104,663.65 32,660.50 346,028.64 11,081.54 541.00 PAGE 3 TOTAL 1,985,879.91 VOUCRRE2 07/13/01 15:48 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 70302 07/24/01 000434 ACCELA.COM 70303 07/24/01 004547 ALLEN INSTRUMENTS & SUP 70304 07/24/01 003376 ARTS COUNCIL, THE 70304 07/24/01 003376 ARTS COUNCIL, THE 70305 07/24/01 000622 BANTA ELECTRIC-REFRIGER 70306 07/24/01 004294 DIVERSIFIED LANDSCAPE C 70306 07/24/01 004294 DIVERSIFIED LANDSCAPE C 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANOSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70307 07/24/01 001056 EXCEL LANDSCAPE 70308 07/24/01 70309 07/24/01 70310 07/24/01 70311 07/24/01 004019 GOLDEN STATE FENCE COMP 004540 KELLERS ELECTRIC 003286 LIBRARY SYSTEMS & SERVI 003253 PACIFIC TECHNICAL SERVI 70312 07/24/01 003218 PELA 70313 07/24/01 70313 07/24/01 004515 PLASTIC LUMBER COMPANY 004515 PLASTIC LUMBER COMPANY 70314 07/24/01 004457 R J NOBLE COMPANY 70314 07/24/01 004457 R J NOBLE COMPANY ITEM DESCRIPTION UORKFLCR~ MNTC:PERMIT PLUS GOLD SURVEY/MAPPING INSTRUMENT:GIB COMMUNITY GRANT AGREEMENT CREDIT:INVOICE EXCEEDS AGREMNT ACCOUNT NUMBER 320-199-999-5211 001-161-610-5604 190-180-999-5286 190-180-999-5286 REHAB RETROFIT LIGHTING:SR CTR 190-1990 RETENTION JUN SVC:PALA LDSCP JUN SVC:PALA BRDG LDSCP P~9715 JUN LDSCP IMPR:O.TWN PLANTING JUN LDSCP SVCS:NEIGHBORH~ PK JUN LDSCP SVCS:SPORTS PARK dUN LDSCP SVCS:MEDIANS dUN LDSCP SVCS:SOUTH SLOPES JUN LDSCP SVCS:NONTH SLOPES dUN LDSCP SVCS: CRC JUN LDSCP SVCS:SR CENTER JUN LDSCP SVCS:C.HALL/MNTC FAC JUN LDSCP SVCS: TCC JUN LDSCP SVCB: STATION 8/+ JUN LDSCP SVCS:OLD TUN PRKLOT JUN LDSCP SVCS:OLD TUN STRSCPE JUN LDSCP SVCS:MUSEUM JUN LDSCP SVCS=NEIGHBORHOOO PX JUN LDSCP SVCS:CHILDREN MUSEUM JUN LDSCP SVCS=PALA RD BRDG JUN LDSCP SVCS:OLD TUN PBXLOTB JUN LDSCP SVCS:NADA FLOOD CNTR MAY LDSCP SVCS:PALA RD BRIDGE INSTALL IRON FENCE:S.H]CK PARK TRAFFIC SIGNAL PUR BACKUP SYS JUN SVCS-LIBRJ~Ry SYSTEM AGRMT IRRIGATION EQUIPMENT:SPRTS PRK JUN PLANNING DPT PLAN CHECK SV STREET NAME SIGN REPLACEMENTS SALES TAX PRGS PMT#2:MARG RD IMPRV:99-01 RET.~/H PMT#2:MARG RD IMPRV 210-2035 210-165-631-5804 001-164-603-5416 190-180-999-5415 190-180-999-5415 193-180-999-5415 193-180-999-5415 193-180-999-5415 190-182-999-5415 190-181-999-5415 340-199-701-5415 190-184-999-5415 001-171-999-5212 001-164-603-5415 001-164-603-5415 190-185-999-5415 190-180-999-5415 190-180-999-5415 190-180-999-5415 001-164-603-5415 190-180-999-5415 190-180-999-5415 190-180-999-5212 001-164-602-5412 00%101-999-5285 190-180-999-5610 001-161-999-5250 001-164-602-5412 001-164-602-5412 210-165-706-5804 210-2035 ITEM AMOUNT 11,081.54 16,497.70 10,002.00 8.00- 7,677.90 5,625.40- 56,254.00 5,419.20 11,635.00 25,325.00 1,975.00 13,375.00 8,878.00 1,444.00 361.00 541.00 193.00 400.00 250.00 987.00 285.00 1,000.00 155.00 150.00 250.00 165.00 150.00 6,954.00 24,596.00 10,549.30 15,401.25 5,410.00 12,081.60 906.12 328,222.26 32,822.22- CHECK AMOUNT 11,081.54 16,497.70 9,994.00 7,677.90 50,628.60 72,938.20 6,954.00 24,596.00 10,549.30 15,401.25 5,410.00 12,987.72 295,400.04 70315 07/24/01 000267 RIVERSIDE CO FIRE DEPAR 2ND QTR FYO0-01 FIRE SERVICES 001-171-999-5251 437,289.80 70315 07/24/01 000267 RIVERSIDE CO FIRE DEPAR 4TH QTR ESTIMATE FIRE SERVICES 001-171-999-5251 437,289.80 VOUCHRE2 CITY OF TEMECULA PAGE 2 07/13/01 15:48 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 7O315 70316 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70317 70318 70318 70318 70319 70319 70320 70320 CHECK VENDOR VENDOR DATE NUMBER NAME 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 07/24/01 000267 RIVERSIDE CO FIRE DEPAR 000955 RIVERSIDE CO SHERIFF SW 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 RIVERSIDE CO SHERIFFS D R]VERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERS[DE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SRERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D 004542 TRUGREEN LAND CARE 004542 TRUGREEN LAND CARE 004542 TRUGREEN LAND CARE 004368 VALI COOPER & ASSOCIATE 004368 VALI COOPER & ASSOCIATE 003730 WEST COAST ARSOR]STS IN 003730 NEST COAST ARBORISTS IN ITEM ACCOUNT DESCRIPTION NUMBER CRDT:4TH QTR ESTIMATE FYO0-01 001-171-999-5251 ST.PAINT FEST.PATROL SVC:6/2-3 001-170-999-5370 04/05-05/02/01 LAW ENFORCEMENT 001-170-999-5288 04/05-05/02/01 LAW ENFORCEMENT 001-170-999-5299 04/05-05/02/01 LAW ENFORCEMENT 001-170-999-5298 04/05-05/02/01 LAW ENFORCEMENT 001-170-999-5294 04/05-05/02/01 LAW ENFORCEMENT 001-170-999-5297 04/05-05/02/01 LAW ENFORCEMENT 001-170-999-5303 04/05-05/02/01 LAW ENFORCEMENT 001-170-999-5291 04/05-05/02/01 LAW ENFORCEMENT 001'170-999-5281 04/05-05/02/01 LAW ENFORCEMENT 001-170-999-5262 04/05-05/02/01 LAW ENFORCEMENT 001-170-999-5279 MAY 2001 BOOKING FEES 5/03-5/30/01 LAW ENFORCEMENT 5/03-5/30/01 LAW ENFORCEMENT 5/03-5/30/01 LAN ENFORCEMENT 5/03-5/30/01 LAW ENFORCEMENT 5/03-5/30/01 LAW ENFORCEMENT 5/03-5/30/01 LAW ENFORCEMENT 5/03-5/30/01 LAW ENFORCEMENT 5/03-5/30/01 LAW ENFORCEMENT 5/03-5/30/01 LAN ENFORCEMENT 5/03-5/30/01 LAN ENFORCEMENT 001-170-999-5273 001-170-999-5288 001-170-999-5299 001-170-99<2-5298 001-170-999-5294 001-170-999-5297 001-170-999-5303 001-170-999-5291 001-170-999-5281 001-170-999-5262 001-170-999-5279 CREDIT:BILLING ERROR:MARG PRK CREDIT:BILLING ERROR:MARG PRK MARG PARK CHANNEL CLEARING HAY TEMP INSPECT SVCS:HOFFMAN MAY TEMP INSPECT SVCS:HOFFHAN 190-180-999-5212 190-180-999-5212 190-180-999-5212 001-165-999-5118 001-165-999-5118 TREE MAINTENANCE SVCS:PARKS 190-180-999-5415 TREE MAINTENANCE SVCS:SLOPES 193-180-999-5415 ITEM AMOUNT 437,289.80- 5,004.60 238,180.80 82,791.60 20,905.60 10,723.40 16,003.20 20,905.60 13,680.00 39,402.56 24,216.87 9,206.95 10,819.20 235,012.69 83,455.30 20,905.60 10,441.88 16,003.20 20,905.60 12,996.00 40,234.16 21,833.18 6,610.62 5,000.00- 1,579.00- 20,900.00 1,272.86 14,756.39 9,452.50 8,432.50 CHECK AMOUNT 437,289.80 5,004.60 955,234.01 14,321~00 16,029.25 17,885.00 TOTAL CHECKS 1,985,879.91 ITEM 4 APPROVAL ~ CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance ~f~ July 24, 2001 Financial Statements for the Nine Months Ended March 31, 2001 PREPARED BY: Tim McDermott, Assistant Finance Director~''~ Pascale Brown, Senior Accountant ~ RECOMMENDATION: That the City Council receive and file the Financial Statements for the Nine Months Ended March 31, 2001. DISCUSSION: The attached financial statements reflect the unaudited activity of the City for the Nine months ended March 31, 2001. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31, 2001 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 2001 Combining Balance Sheet (Internal Service Funds) as of March 31, 2001 Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) for the Nine Months Ended March 31, 2001 Combining Balance Sheet (Community Facilities Districts) as of March 31, 2001 Statement of Revenues, Expenditures and Changes in Fund Balance (Community Facilities Districts) for the Nine Months Ended March 31, 2001 CITY OF TEMECULA Combining Balance Sheet as of March 31, 2001 and the Statements of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 2001 and the Statement of Revenues, Expenses and Changes in Retained Earnings For The Nine Months Ended March 31, 2001 (Unaudited) Prepared by the Finance Department City of Temeanla Combining Balance Sheet As of March 31, 2001 Cash and investments Receivables Due from other funds Advances to other funds Deposits Land held for resale Total assets Liabilities and fund balances: Liabilities: Due to other funds Other currant liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances State General Gas Tax Transportation Der Impact Fund Fund Fund Fund CDBG Fund $ 17,321,145 $ 388,602 $ 7,592,557 3,656,719 $ 101,742 5,289 176,437 7,987 2,721,917 19,256 530,401 24,249,438 $ 101,742 393,891 $ 7,776,981 19,220 5,520,134 444,938 5,984,292 78,450 78,450 4,065,804 9,378,766 $ 101,742 4,820,576 18,265,146 101,742 393,891 7,698,531 393,891 7,698,531 $ 24,249,438 $ 101,742 393,891 $ 7,776,981 City of Temecula Combining Balance Sheet As of March 31, 2001 Assets: Cash and investments Receivables Due from other funds Advances to other fimds Deposits Land held for resale Total assets Liabilities and fund balances: Liabilities: Due to other fimds Other current liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances Marg Rd AB 2766 Measure "A" C1P Reim Dist Fund Fund Fund Fund $ 24,621 $ 2,709,903 $ 13,177,645 $ 14,611 185,981 2,363,401 377,500 $ 39,232 $ 2,895,884 $ 9,282 $ 41,223,755 6,504,180 7,987 2,721,917 396,756 530~01 15,918,546 $ 9,282 $ 51,384,996 $ 7,987 $ 27,2O7 47,114 $ 3,474,{M8 1,295 9,042,591 523,388 47,114 3,474,048 9,282 9,593,186 $ 39,232 2,848,770 4,854,360 8,920,164 7,590,138 28,051,070 4,820,576 39,232 2,848,770 12,444,498 $ 39,232 $ 2,895,88~ $ 15,918,546 $ 41,791,810 9,282 $ 51,384,99~6 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Nine Months Ended March 31, 2001 Annual Amended YTD _ Budget Activity Sales tax Developmental services: $ 15,700,000 $ 12,044,339 Planning Building & safety 458,500 396,397 Land development 1,887,700 1,467,843 Fire 1,100,000 807,407 Grants 214,000 155,173 AB3229 (COPS) 167,868 168,593 Motor vehicle in lieu 116,900 116,791 Property lax 2,602,900 2,060,749 Property transfer tax 1,934,000 1,146,321 Franchise fees 385,000 267,506 Transient occupancy tax 1,367,000 795,313 Reimbursements 1,350,000 959,008 Reimbursements from TCSD 394,800 379,489 Reimbursements from RDA 162,000 121,500 Reimbursements from CI? 225,000 168,750 Investment interest 1,055,690 542,985 Business licenses 1,178,000 1,167,017 Vehicle code £mes 205,000 186,595 Miscellaneous 325,000 220,887 Parking citations/impound fees 70,000 42,945 Operating transfers in 90,300 75,630 1,015,700 669,632 Total Revenues $ 32,005,358 $ 23,960,870 Percent of Budget 77% 86% (1) 78% 73% 73% 100% 100% 79% 59% (2) 69% 58% (3) 71% 96% 75% 75% 51% (4) 99% (5) 91% (6) 68% 61% 84% 66% 75% City o£ Tcmccul~ Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Nine Months Ended March 31,2001 Annual Amended YTD Expenditures: Budget Activity City Council $ 282,210 Community Support 477,138 City Manager 619,731 Economic Development 805,580 City Clerk City Attorney 598,900 Finance 387,500 Human Resources 1,111,141 335,290 Planning 2,653,211 Building & Safety 1,788,990 Land Development 1,137,601 Public Works CIP Admln 4,172,119 Police 1,507,110 Fire Dept 7,440,135 Animal Control 2,581,576 110,000 Non-departmental 3,259,000 Total Expenditures (Excluding Transfers) Revenues Over/(Under) Expenditures Operating Transfers Out Revenues Over/(Under) Expenditures and Operating Transfers Beginning Fund Balance, July l, 2000 Ending Fund Balance, March 3 l, 2001 29,267,232 Eneumbr. YTD Activity + Eneurnbr $ 199,810 $ 1,205 $ 201,015 323,516 102,119 425,635 436,475 11,646 448,121 573,915 15,374 589,289 401,506 9,569 411,075 289,878 289,878 754,969 17,599 772,568 233,312 6,027 239,339 1,409,715 155,904 1,565,619 1,209,163 78,258 1,287,421 636,511 12,293 648,804 2,184,221 363,193 2,547,414 902,001 21,844 923,845 4,802,264 47,148 4,849,412 1,809,790 17,173 1,826,963 71;521 71,521 2,512,999 __ 2,512,999 18,751,566 859,352 . 19,610,918 2,738,126 5,209,304 4,087,200 4,055,000 (1,349,074) 1,154,304 -. 17,110,842 17,110,842 $ 15,761,768 $ 18,265,146 of Bud~ct 71% 89% 72% 73% 69% 75% 70% 71% 59% (7) 72% 57% (8) 61% 61% 65% 71% 65% 77% 67% (1) The variance in planning revenue is due mainly to several specific plans being processed during the current fiscal year. (2) Property tax revenue is received primarily in January and May each year. (3) The variance in franchise fee revenue is due to several entities that have annual payments due in the last quarter of the fiscal year. (4) The variance is due primarily to lower than anticipated costs being incurred for the administration of CIP projects. (5) The variance in investment interest is due to higher than anticipated cash and investment balances being maintained. (6) The variance in business license revenue is due to the annual renewal process which occurs in December and January each year. (7) The variance in Planning is due to the General Plan update which had not yet begun as of March 31. (8) The variance in Land Development is due to personnel cost savings. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget end Actual Gas Tax Fund For the Nine Months Ended March 31, 2001 Annual Amended YTD Revenues: Budget Activity Section 2105-2107 $ 1,008,200 $ 761,480 Investment interest 7,500 9,894 Total Revenues Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 Ending Fund Balance, March 31, 2001 1,015,700 771,374 1,015,700 669,632 101,742 $ $ 101,742 Total Percent Encumbr. Activity of Budget $ 761,480 9,894 771,374 669,632 76% 132% 76% 66% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual State Transportation Fond For the Nine Months Ended March 31, 2001 Amlual Amended YTD Revenues: Budget Activity Investment interest $ 10,000 $ 10,479 Traffic congestion relief 383,000 383,412 Total Revenues Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 Ending Fund Balance, March 31, 2001 393,000 393,891 393,000 393,891 393,000 $ 393,89~1 Total Percent Encumbr. Activity of Budget $ 10,479 383,412 393,891 105% 100% 100% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund For the Nme Months Ended March 31, 2001 Annual Amended YTD Budl~et Activity Quimby $ 81,900 $ 31,018 Street improvements 1,883,800 716,757 Traffic signals 341,800 147,345 Parks 1,059,800 920,950 Corporate facilities 313,300 249,148 Fire protection 103,800 63,577 Library 258,200 226,235 Public facilities 17,244 Investment interest 369,400 Total Revenues Expenditures: Operating transfers out 4,042,600 2,741,674 8,157,900 1,892,359 Revenues Over/(lJnder) Expenditures (4,115,300) 849,315 Beginning Fund Balance, July 1, 2000 6,849,216 .. 6,849,216 Ending Fund Balance, March 31,2001 $ 2,733,916 $ 7,698,531 Total Percent Encumbr. Activity of Budl~et $ 31,018 716,757 147,345 920,950 249,148 63,577 226,235 17,244 369,400 2,741,674 1,892,359 38% 38% (1) 43% (1) 87% 80% 61% (1) 88% 68% 23% (2) (1) The variance is due to the timing of fees collected on non-residential development, and due to fee credits given for assessment district improvements. (2) T;ar; .Vm72eC~ in °perating transfers out is due to the timing of when DIF funded projects are started and costs City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Grant For the Nine Months Ended March 31,2001 Grant revenue Total Revenues Expenditures: Annual Amended YTD Budget Activity $ 735,700 $ 7,709 735,700 7,709 Total Percent Encumbr. Activity of Budget $ 7,709 7,709 Other outside services Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginn/ng Fund Balance, July 1, 2000 Ending Fund Balance, March 31, 2001 45,700 686,300 7,709 732,000 7,709 3,700 $ 3,700 $ 7,709 7,709 (1) The variance is prflnarily due to the Senior Center Expansion project which has not yet been started, and the Sports Park Tot Lot Upgrade project for which the CDBG reimbursemant had not been received by March 31. 1% 0) 1% ]% (l) 1% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 2766 Fund For the Nine Months Ended March 31, 2001 AB 2766 $ 41,000 $ 42,497 Investment interest 1,715 Total Revenues 41,000 44,212 Expenditures: Operating transfers out 38,400 38,400 Total Expenditures 38,400 38,400 Revenues Over/(Under) Expenditures 2,600 5,812 Beginning Fund Balance, July 1, 2000 33,420 33,420 Ending Fund Balance, March 31,200I $ 36.020 $ 39,232 Annual Amended YTD Total Perceut Budget Activity Encumbr. Activity of Budget $ 42,497 1.715 44512 38,400 38,400 104% 108% 100% 100% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" For the Nine Months Ended March 31,2001 Annual Amended YTD Revenues: Budget Activity Encumbr. Total Activity Measure "A" $ 1,298,000 $ 1,280,137 Investment interest 104,020 Total Revenues 1,298,000 1,384,157 Expenditures: $ 1,280,137 104,020 1,384,157 Debt service - principal Debt service - interest Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 Ending Fund Balance, March 31,2001 382,036 285,566 183,344 138,460 2,501,000 5,000 3,066,380 429,026 (1,768,380) 955,131 1,893,639 1,893,639 $ 125,259 $ 2,848,770 285,566 138,460 5,000 429,026 Notes: (1) The variance in Measure "A" revenue is due to higher than anticipated per capita ~rowth in T as well as strong retail sales activity county-wide. _ _ emecula, (2) The variance in operating transfers out is due to the timing of when Measure "A" funded proiects are star~ed and costs are incurred. ~ Percent of Budget 99% (1) 107% 75% 76% 0% (2) 14% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Nine Months Ended March 31, 2001 Annual Amended YTD Revenues: ( 1 ) Budget Activit~ Operating transfers in $ 16,750,070 $ 6,163,469 Grants Reimbursements 1,384,970 304,062 Investment interest 3,927350 192,491 Article 3 (SB 821) 175,000 90,741 Total Revenues Expenditures: ( 1 ) Rancho Ca Rd interchange Murdeta creek bridge/Overland ext Pala Rd Interim improvements Overland overcrossing Offremp widening at Rancho Ca Rd Panba Rd Improvements 1I Intersection monitoring system Winchester Rd widening Median reimbursement Rainbow Canyon interchange Rancho Ca Rd wide/Ynez Rd Emergency generator Santa Grtrds creek bridge/I-I 5 Santiage/Ynez Int improvements Ynez Rd Interim improvements LED-Light emitting diodes Traffic signals Butterfield/Rancho Ca Pala Rd. bridge Diaz realignment Signal interconnect syst~n Pavement management Jefferson pavement improvement I15/79S interchange (ultimate) Pala Road Improvements Flashing beacons 2000 Flashing signals schools Mall Improvement Overland ext. Diaz road extension at Date street I15/Winchester Road ramp improvements Traffic signals Pala/Loma Linda Traffic signals Pala/Wolf Valley Date streetJCher~y Overpass I15/Santiago interchange Margarita improvements Pio Pico/79S Murrieta creek interim./Via Montezuma Traffic signal controller upgrade Mmrieta creek bridge widening R.C. Traffic signal equipment installation Traffic signals Margarita/DePortola Traffic signals Margarita/Stonewood (continued) - 22,237,490 - 6,750.763 29,051 29,051 210,000 29,641 $ 1,500,000 2,603 232,748 51,289 2,700 175,000 134,266 936,999 46,109 25,000 9,090 25,000 14,388 145,000 220,000 19~46 25,000 578,522 6~76 25,000 2,355 5~500 315,870 115,276 2,058 2,868,277 848,727 56,640 14,293 21,436 2,041,844 831,983 715,000 21,649 325,408 8,857 527,914 205,635 31,000 450 33,700 264 1,670,000 1,882 160,629 117,300 111,994 250,000 10,010 11,999 3,303 1,713,432 52,415 600,737 65313 39,000 25,570 500,000 81.215 210,000 118,519 ~418 5,306 4,906 Total Percent Encumbr. Acfivit~ of Budget $ 6,163369 304,062 192391 90,741 6,750,763 29,051 63,188 92,829 4,796 7,399 95,578 146,867 2,700 2,700 34,791 169,057 43,679 89,788 9,090 14,388 6,140 25,386 6,276 2,355 91,300 93,358 444,546 1,293,273 42,347 56,640 21,436 21336 11,391 843,374 336 21,985 23,323 32,180 265,391 471,026 3,500 3,764 1,882 160,629 160,629 4,500 14,510 8,696 11,999 1,416,498 1368,913 480379 545,892 2,179 2~749 296,177 37~392 2,252 9,670 400 5,306 37% 22% 5% 30% 100% 44% 0% 63% 100% 97% 10% 36% 58% 12% 1% 9% 81% 45% 100% 100% 41% 3% 10% 89% 11% O% 100% 6% 100% 86% 91% 71% 75% 8% 100% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Nine Months Ended March 31,200l Woodside landscaping Fiber optic conduits Date/Cherry Street S.B. offramp I- 15 unmmp widening @ Winchester Margarita/Winchester intersection imp. Pujol st. sidewalk improvements Old Town south parking lot Starlight Ridge sidewalk Murrieta Creek multi-purpose trail ADA sports park Multi-trails system Maintenance facility modification Maintenance facility parking lot Senior center expansion Children's museum Civic center Community theater Calle Aragon park drainage Chaparral HS swimming pool Desiltafion pond Margarita community park fencing Northwest sports complex Sports park field lighting Sports park parking lot rehabilitation Trails master plan Chaparral HS Stadimn track Sports park culvert design Museum City hall improvements Library Total Expenditures (Excluding Transfem) Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 Ending Fund Balance, September 30, 2000 Annual Amended YID Budget Activity Total Percent Encumbr. Activity of Budget 78,292 78,292 120,000 118,800 250,000 41,466 670,000 2,213 960 200,000 13,999 472 13,091 13,091 435,432 258,191 154,232 175,000 11,895 200,000 111,453 102,301 9,108 94,608 14 94,595 742,000 12,923 6,122 135,000 616,224 38,653 12,590 51,243 1,662,992 852,761 10,895 863,656 75,000 2,108,850 67,012 49,113 116,125 90,422 90,755 90,755 2,484,433 205,716 88,682 294,398 155,247 140,370 14,419 154,789 5,778 6,106 6,106 4,904,716 4,816 92,746 97,562 582,394 514,143 68,251 582,394 216,365 201,151 1,630 202,781 80,221 53,911 22,846 76,757 44,700 85,000 11.813 324 12,137 7,516 3,500 4,016 7,516 791 791 791 696,376 369,224 191,133 560,357 78,292 118,800 41,466 3,173 14,471 13,091 412,423 11,895 111,409 94,609 19,045 33,791,152 5,532,845 (11,553,662) 1,217,918 11,226,580 11~26,580 4,559,360 10,092,205 (327,082) $ 12,444,498 (1) The vahances in C1P Fund revenues and in project expenditures are due to the timing of when the various projects are actually started and costs are incurred. (2) Project administration costs exceeded budget by $328.00. 100% 99% 17% 0% 7% 100% 95% 7% 100% 10o% 3% 8% 52% 6% 100% 12% 100% 106% (2) 2% 100% 94% 96% 14% 100% 100% 8O% 30% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Margarita Road Reimbursement District For the Nine Months Ended March 31, 2001 Total Revenues Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 Ending Fund Balance, March 31, 2001 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ 15,572 15,572 (15,572) (15,572) (15,572) $ Internal Service Funds Combining Balance Sheet As of March 31, 2001 Assets: Cash and investments Receivables Prepaid assets ProperS, plant and equipment (net of accumulated depreciation) Total assets Liabilities and fund equity: Liabilities: Current liabilities Capital leases payable Total liabilities Fund equity: Contributed capital Retained earnings Total fund equity Total liabilities and fund equity Information Support Insm'ance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total $ 1,200,780 $ 33,631 $ 527,629 $ 186,944 $ 102,204 $ 2,051,188 17,256 690 5,488 2,343 974 26,751 152,433 4,320 156,753 502,694 556,115 146,419 1,205,228 $ 1,370,469 $ 541,33~5 $ 1,089,232 $ 335,706 $ 103,178 $ 3,439,920 449,767 $ 538 $ 61,489 $ 36,454 $ 30,882 $ 579,130 151,565 151,565 449,767 538 61,489 I88,019 30,882 730,695 500,000 214,539 473,065 94,177 1,281,781 420,702 326,258 554,678 53,510 72,296 1,427,444 920,702 540,797 1,027,743 147,687 - 72,296 2,709,225 1,370,469 $ 541,33~5 $~ 1,089,232 $ 335,706 $ I03,17~8 $ 3,439,920 Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Funds For the Nine Months Ended March 31,2001 Charges for services $ Investment interest Miscellaneous Operating transfer in Total Revenues Expenses: Salaries & wages Operating expenses Interest Depreciation Total Expenses Net Income (Loss) Retained Earnings, July 1, 2000 Retained Earnings, March 3l, 2001 $ Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total 163,868 $ 124,248 $ 805,989 $ 146,644 $ 262,041 $ 1,502,790 59,071 3,760 17,181 7,967 3,050 91,029 534 5,700 359 6,593 55,000 55,000 223,473 188,708 823,529 154,611 265,091 1,655,412 22,171 205,324 56,424 143~98 427,217 197,568 3,889 292,756 69,140 123,975 687,328 14,534 14,534 102,984 282,405 34,705 420,094 219,739 106,873 780,485 3,734 81,835 43,044 416,968 244,423 511,634 420,702 $ 326,25~85 554,678 $ 174,803 267~73 1,549,173 (20,192) (2,182) 106,239 73,702 74,478 1,321,205 53,510 $ 72,296 $ 1,427,444 Commtudty Facilities Districts Combining Balance Sheet As of March 31, 2001 Assets: Cash and investments Receivables Total assets Liabilities and fund balances: Liabilities: Current liabilities Total liabilities Fund balances: Reserved Designated Total fund balances Total liabilities and fund balances CFD 88-12 CFD 88-12 CFD 984)1 CFD 98-01 Admin Debt Debt Admin Expense Service Service Expense Fund Fund Fund Fund Total 53,813 $ 2,787,476 $ 1,106,871 7,345 34,727 21,843 61,158 $ 2,822,203 $ 1,128,714 14,505 $ 3,962,665 $ 178 64,1)93 $ 14,683 $ 4,026,75~ 8,204 $ 2,822,203 $ 1,128,714 $ 14,683 $ 3,973,804 8,204 2,822,203 1,128,714 14,683 3,973,804 52,954 52,954 61,158 $ 2,822,203 $ 1,128.714 52,954 52,954 $ 14,683 $ 4,026,758 Please note that these balances are unaudited. City of Temecula Statement of Revenuns, Expenditures and Changes in Fund Balance Community Facilities Districts For the Three Months Ended March 31,2001 Investment interest Reimbursements Special assessments Total Revenues Expenditures: Legal services Other outside services Debt service - principal Debt service - interest Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 Ending Fund Balance, March 31, 2001 CID 88-12 CFD 88-12 CFD 98-1 CFD 98-1 Admin Debt Debt Admin Expense Service Service Expense Fund Fund Fund Fund Total 1,736 $ 135,605 $ 55,250 $ 183 $ 192,774 12,606 12,606 45,000 833,153 428,147 18,400 1,324,700 59,342 968,758 483,397 18,583 1,530,080 6,438 37,280 43,718 15,624 $ 37,330 6,438 12,700 49,980 610,000 165,000 775,000 904,663 758,723, 1,663,386 1,514,663 923,723 12,700 2,494,804 (545,905) $~(440,326 $ ~5,88~35 (964,724) $ 52,954 17 ITEM 5 APPROVAL CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance July 24, 2001 Purchase Of City Vehicle Prepared by: Gus Papagolos, Fiscal Services Manager RECOMMENDATION:That the City Council approve the purchase of the Dodge Durango model year 2001 from Norm Reeves Chrysler/Jeep/Dodge in the amount of $29,576.63. DISCUSSION: On July 3, 2001, City staff met with the local dealerships to announce the Request for Proposal (RFP) for the purchase of a Sport Utility Vehicle (SUV). Five (5) local dealerships provided a bid response to the RFP. The specification called for a bid to be placed on a vehicle currently on the lot and/or in shipment to the dealership therefore, eliminating a 60 to 90 day delay for delivery. On July 11, 2001, vehicles meeting the specification from the local dealerships were test driven by the City Manager. As anticipated, a wide variety of questions were discussed and a visual inspection of each vehicle passenger cabin was completed. The Dodge Durango is the lowest bid vehicle and based on all considered factors it is believed that the Durango would best satisfy the vehicle requirements. Based on previously purchased vehicles the below bids are considered competitive. The following are the bid results: Oeale__r Norm Reeves Dodge Rancho Ford Paradise Chevrolet Carriage Motors Toyota ~od..,l_ Durango 4D 4WD SUV 2001 Expedition 4D 4WD SUV 2001 Tahoe 4D 4WD SUV 2001 Yukon 4D 4WD SUV 2001 Sequoia 4D 4WD SUV 2001 Pri~ $29,576.63 832,196.25 $32,625.00 $33,750.38 $36,773.60 As you know the purchase of the SUV is instrumental in the establishment and deployment of the Community Action Patrol (CAP) program, because, the current vehicle used by the City Manger has been programmed for use by the CAP volunteers. It is also important to understand that this vehicle will be designated and used by the City Manager during any deployment of the Emergency Operation Center (EOC). FISCAL IMPACT: purchase. Adequate funds are available in the Vehicle Internal Service Fund for this Attachment: Vehicle Vendor List Vehicle Vendor List Paradise Chevrolet 26845 Ynez Road Temecula, CA 92591 Rancho Fo~ 26895 Ynez Rd Temecula, CA 92591 Temecula Valley Toyota 26631 Ynez Road Temecula, CA 92591 Norm Reeves Super Group 26755 Ynez Road Temecula, CA 92591 Carriage Motor Company 41872 Motor Car Parkway Temecula, CA 92591 Nissan of Temecula 41895 Motor Car Parkway Temecula, CA 92591 ITEM 6 APPROVAL CITY ATTORNEY r DIRECTOR OF FINAN.~.~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Herman Parker, Director of Community Services ~ July 24, 2001 Arts Council of Temecula Valley Concerts on the Green and Arts in the Country Festival Grant Agreement PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council approve a Special Event Community Grant Agreement between the City of Temecula and the Arts Council of Temecula Valley'in the amount of $34,000. DISCUSSION: The Arts Council of Temecula Valley (Arts Council) has been sponsoring a Fall Concert on the Green and an annual Arts in the Country Festival for several years. The City has participated with the Arts Council in funding these two events in the amount of $22,000 in years past. Last year, the City Council provided an additional $12,000 in funding to enable the Arts Council to also present a Spring Concert on the Green. The additional funds were used to pay for the orchestra, advertising and promotion, printing, stage and lighting. The event was held on Mother's Day and was very successful. The Arts Council would again like to offer all three events to the community and is requesting that the City participate in this effort by providing a special event grant in an amount of $34,000. FISCAL IMPACT: The cost to co-sponsor the Spring and Fall Concerts on the Green and Arts in the Country Festival is $34,000. These funds are available in the Community Support Budget of the General Fund in account 001-101-999-5286. R:\RUSEPLAG~NDAS\2001-02 Arts Council Event G-ant Agreemer~t-CC.doc SPECIAL EVENT COMMUNITY GRANT AGREEMENT BETVVEEN THE CITY OF TEMECULA AND THE ARTS COUNCIL OF TEMECULA VALLEY THIS AGREEMENT is made by and between the City of Temecula ("City"), a municipal corporation, and the Arts Council of Temecula Valley, a non-profit corporation, and is dated as of July 24, 2001. In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each of the parties hereto acknowledge and agree to be true and correct: a. The Arts Council of Temecula Valley ("Arts Council") coordinates many programs for the cultural arts within the City of Temecula, which are not provided by the City's recreation and cultural arts program. b. The Arts Council warrants and represents to the City that it is a non-profit, tax exempt corporation under the tax laws of the United State and California, and agrees to continue in such status during the term of this Agreement. b. The City Council desires to award a special event community grant to the Arts Council in the amount of thirty-four thousand dollars ($34,000.00) for the purpose of continuing and enhancing its cultural arts programs within the City of Temecula. The City Council hereby allocates $12,000 to co-sponsor the costs of providing the Spring Concert on the Green, $12,000 for the Fall Concert on the Green, and $10,000 for the Arts in the Country Festival special events ("Events") to be presented by the Arts Council during fiscal year 2001-2002. c. This Agreement provides for the manner in which the grant will be paid to the Arts Council. 2. The City shall pay $34,000 to the Arts Council to promote and present the Events for the fiscal year ending June 30, 2002. Arts Council shall submit an invoice to the City prior to each event, which shall represent the City's sponsorship of each event as outlined in Section 1 .b. City shall pay the invoice or provide its written objections to it within thirty (30) working days following receipt by the City. 3. The term of this agreement shall be July 1, 2001 to June 30, 2002. 4. The City may at any time, for any breach of this Agreement, suspend or terminate this Agreement, or any portion hereof, by serving upon the Arts Council at least ten (10) days prior written notice. If the breach is corrected during this ten-day period, City may, in its sole and exclusive discretion, rescind the termination. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Arts Council shall make available to the City its books, records and financial documents in such form as to allow City to verify Arts Council's compliance with the terms of this Agreement. R:\RUSEP\CONTRACT~2001-02 Arts Council Community Special Event Grant Agreement.doc 5. The Arts Council agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, and employees from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Arts Council's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability attributable to the active negligence of the City. 6. Arts Council shall procure and maintain, or shall have provided on its behalf, for the duration of fiscal year 2001-2002 insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the activities of the Arts Council, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, including a non-owned auto endorsement. (2) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Workers Compensation Insurance shall not be required if the Arts Council has no employees. b. Minimum Limits of Insurance. Arts Council shall maintain limits on the policies described in Subsection a. of no less than the following amounts unless otherwise approved by the City Manager: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. (2) Workers' Compensation as required by the State; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-ln.~ured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City Manager. d. Other Insurance Provisions. The general liability policies shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Arts Council; premises owned, occupied or used by the Arts Council; or automobiles owned, leased, hired or borrowed by the Arts Council. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this Agreement, the Arts Council's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by R:\RUSEP\CONTRACT\2001-02 Arts Council Community Special Event Grant Agreement.doc the City, its officers, officials, employees or volunteers shall be excess of the Arts Council's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Arts Council's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested, has been given to the City. e. " . Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VlI, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Covera?. Arts Council shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Arts Council's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Arts Council is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Arts Council shall at all times be under Arts Council's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Ads Council or any of Arts Council's officers, employees or agents, except as set forth in this Agreement. Arts Council shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Arts Council shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 8. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. R:\RUSEP\CONTRACT~2001-02 Arts Council Community Special Event Grant Agreement.doc To City: To Arts Council: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager Arts Council of Temecula Valley P.O. Box 2337 Temecula, California 92593 Attention: Martha Minkler Executive Director 9. The Ads Council shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 10. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. R:\RUSEP\CONTRACT~.001-02 Arts Council Community Special Event Grant Agreement.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney ARTS COUNCIL OF TEMECULA VALLEY, a California non-profit corporation By: Name: Title: By: Name: Title: R:\RUSEP\CONTRACT~2001-02 Arts Council Community Special Event Grant Agreement.doc OF THE TEMECULA VALLEY POST OFFICE BOX 2337 ~ TEMECULA, CA 92593 ~ 909.695.2787 ~ FAX 909.695.9438 ~ email: temarts~pe.net BOARD OF TRUSTEES duly 10, 2001 Albert and Grace Ball Maryann and Tom Edwards Sally Haserot Barbara Keen Jon and Jane Laskin Teresa Lubrani Palricia Lusin Joan Lynn Dorothy Meyler Mark Mush Steve Phelps Bruce Singer Paula Stankovich Janet Toscbes Mr. Herman Parker, Director Community Services Department City of Temecula -Post Office Box 9033 Temecula, California 92589-9033 RE: RELEASE OF FUNDS FOR CONCERTS ON THE GREEN AND THIRTEENTH ANNUAL ARTS IN THE COUNTRY FESTIVAL Dear Herman, Thank you very much for including the Arts Council of Temecula Valley's spring and fall Concerts on the Green and the annual Arts in the Country Festival sponsorships in your budget. We are proud to produce these quality events and grateful for the City of Temecula's commitment to sponsoring them. Dr. Alan Winkelstein CONSULTANTS Funding for the spring and fall Concerts on the Green is $12,000 per concert or $24,000. Funding for the Arts in the Country Festival is $10,000. Total funding support is $34,000.00. Fred Lamb If yOU need additional information please feel Jim Meyltr 909.695.2787 or Email to: temarts(~,pe.net. Angels Morris Stewart M. Morris, Jr. Thank you, as always, for your help and support. Karen Parrott Sincerely, ) Martha IN. Minider Executive Director for The Board of Trustees free to call me at The Arts Council's Federal tax ID number is 33-0364524 The Arts Council is a 501 (c)(3) nonprofit California corporation. ITEM 7 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council James O'Grady, Assistant City Manager July 24, 2001 FY2001-02 Economic Development Operating Agreements Prepared by: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: 1. That the City Council approve the operating/marketing agreements with the Temecula Valley Chamber of Commerce, Economic Development Corporation of Southwest Riverside County, Temecula Valley Film Council, Inland Empire Economic Partnership and Southwest Riverside County Economic Alliance. 2. That the City Council authorize the Mayor to execute the operating/marketing agreements for each of the organizations. BACKGROUND: On February 21, 1995, the City Council adopted the City's Economic Development Strategic Plan. The General Plan's Economic Development Element includes the Marketing Plan and the participation/support of the various partners in economic development. The participation of the City's marketing partners and their roles in the plan is stated in this report. The City of Temecula's FY 2001-02 Operating Budget was approved by the City Council on Tuesday, June 12, 2001. The Economic Development Sub-committee, consisting of Mayor Jeff Comerchero and Mayor Pro Tern Ron Roberts, and Staff met with the City's marketing partners to discuss their funding and operations on Monday, April 9th. At that time representatives from each of the organizations made presentations and provided additional information to the Sub-committee members. Each organization has provided a summary of materials including their work plan, financials and services that they provide (see attachment A). Attached is also an operating agreement for each organization for the FY2001-02 term. Costs of each of their programs will be allocated as follows: Temecula Valley Chamber of Commerce Economic Development Corporation of Southwest Riverside County Temecula Valley Film Council Inland Empire Economic Partnership Southwest Riverside County Economic Alliance Total $148,000 $ 20,00O $ 27,000 $ 19,000 $ 75,000 $289,000 R:\Wolnickg~Agendareports~Fina12001-02 funding requests.doc The Economic Development Sub-committee supports these requests. Temecula Valley Chamber of Commerce The Chamber primarily supports the area's small business community, as well as provides walk-in visitor and tourist information. In addition, the Chamber responds to requests for tourism, relocation and business inquiries and sends corresponding information to prospective visitors, residents and potential businesses. The Chamber encourages existing businesses and residents to "Shop Temecula First" and provides avenues for businesses to promote their products and services. The Chamber serves as a representative for business legislative issues that affect the overall welfare of the Chamber Membership. In cooperation with the school district, the Chamber plans, coordinates and assists in programs that foster and encourage a viable working partnership among business, educators and students. The Chamber received $140,000 for FY 2000-01. The Chamber's request in the amount of $148,000 was budgeted in the FY 2001-02 Operating Budget. The increase in Chamber funding was based on the new business and tourism activity in Temecula, as well as the increase in population with the Vail Ranch annexation. Economic Development Corporation of Southwest Riverside County The EDCSWRC's main focus for the organization will be to expand on its successful business retention and expansion program for the sub-region including the Temecula, Murdeta, and Lake Elsinore communities. The partnership with the Southwest Riverside County Manufacturers' Council has furthered the efforts of the business retention and expansion program by developing relationships within the manufacturing community and providing forums for information gathering and sharing. The affiliation with the Manufacturer's Council has provided inroads for the EDCSWRC to work with our universities and community colleges on vocational training. In addition, the EDCSWRC works closely with City Staff and the County of Riverside to increase its business retention efforts as well. The EDCSWRC serves as an information source via its website providing such information as statistical data on the labor force, data on the area's industrial and manufacturing business base and outreach programs undertaken by the organization. The EDCSWRC hosts the Loopnet link to its website, which provides commercial property listings of available sites for lease or sale in Southwest Riverside County. The EDCSWRC received $20,000 for FY 2000-01. The EDCSWRC's request of $20,000 was budgeted in the FY 2001-02 Operating Budget. This will provide funding for the operations of the organization including business retention/development programs, a newsletter, and quarterly informational luncheon meetings. Temecula Valley Film Council "The purpose of the Temecula Valley Film Council is to attract and facilitate location production in the Temecula Valley by acting as a liaison between the film industry and the community. By actively seeking filming, video production, and still photography, direct economic benefit will be generated to the area through location fees and the purchase of goods, services and labor. Residual tourism benefits will adse from the area exposure in film, television and print." R:\Wolnickg~Agendareports~Final 2001-02 funding requests,doc The Temecula Valley Film Council (-I-VFC), has been in existence for nine years, and works in cooperation with the Inland Empire Film Commission (IEFC). Both organizations coordinate and follow-up on requests for locations in the Temecula area. All location scouting and filming in the Temecula area is reported monthly to the IEFC and is included in their report to the State Film Commission. The Film Council received $29,000 for FY 2000-01. The Film Council's request of $27,000 ($2,000 less than last year's funding request) was budgeted in the FY 2001-02 Operating Budget. This will provide funding for the operations of the organization, attendance at two trade shows, website maintenance, and development of an updated Production Guide. Inland Empire Economic Partnership "The Inland Empire Economic Partnership (IEEP) mission is to attract, create and retain business in order to increase the region's growth and economic output. This is achieved by providing superior services to members, clients and the communities in the Inland Empire. It is supported by IEEP's core values of regional teamwork, marketing focus, financial strength, integrity and professional excellence." Staff continues to work with the IEEP on a regional marketing effort. IEEP is the regional economic development organization covedng Riverside-San Bemardino Counties. IEEP programs include regional marketing, business development (recruitment and retention), Small Business Development, Film, Toudsm, High Technology Programs & Services, Workforce Development and Govemmental Affairs. The IEEP has provided more focus on the Temecula Valley area in their marketing efforts (i.e. media coverage, advertising, and hosting meetings). An IEEP satellite office is located in Temecula. It is not staffed full time, but the Inland Empire Film Commission is staffed there twice a week and the office is available for local meetings related to economic development. Also, the IEEP continues its focus on the high-tech industry and is expanding its high-tech program to include the High Tech Initiative. This initiative will allow IEEP staff to improve the awareness of technology-related programs and initiatives in the Inland Empire. The IEEP received $12,701 for FY 2000-01. The IEEP's request of $19,000 ($16,146 membership dues and $2,854 for the High Tech Initiative Program) was budgeted in the FY 2000-01 Operating Budget. This will provide funding for programs and services to attract, retain, and expand local business through seven different operating divisions benefiting Temecula. Southwest Riverside County Economic Alliance Agreement Since 1999, the cities of Temecula, Murrieta, Lake Elsinore and Riverside County have continued its pprtnership in marketing Southwest Riverside County through the Southwest Riverside County Economic Alliance. The Alliance provides marketing services to the member c. ities and unincorporated county area in an effort to enhance the image of this region and stimulate private investment and job creation to this economy. This business attraction partnership allows Temecula to leverage its funds with other agencies for this regional effort. Attached is an agreement that provides for a one-year extensiqppf this program. Under this concept, the marketing program will consist of advertising, business R:\Wolnickg~Agendareports~Fina12001-02 funding requests.doc .'~ attraction/retention, and trade shows. Other services also provided by Riverside County under this agreement would include: · One (1) County staff representative · Facility for representative · Equipment · Transportation · Supervision · Expertise in the marketing field Costs of this program will be allocated as follows: Riverside County City of Temecula City of Murrieta City of Lake Elsinore Total $135,000 (estimated value of staff, space and expenses) $ 75,000 $ 50,000 $ 25,000 ($10,000 in cash, balance in-kind services not to exceed $25,000) FISCAL IMPACT: Appropriate funding for the organizations is available in the FY 2001-02 Economic Development Department Operating Budget #001-111-999-5264. ATTACH M E N TS: lA Temecula Valley Chamber of Information 1B City/Chamber Operating Agreement Commerce Support 2A 2B Economic Development Corporation of Southwest Riverside County Support Information City/Economic Development Corporation of Southwest Riverside County Operating Agreement 3A 3B Temecula Valley Film Council Support Information City/Film Council Operating Agreement 4A Inland Empire Economic Partnership Support Information 4B City/Inland Empire Economic Partnership Marketing Agreement 5A 5B Southwest Riverside County Economic Alliance Support Information1 City/Southwest' Riverside County Economic Alliance Marketing Agreement R:\Wolnickg~Agendareports~Final 2001-02 funding requests.doc lA TEMECULA VALLEY CHAMBER OF COMMERCE SUPPORT INFORMATION Temecula Valley Chamber of Commerce Goals & Objectives 2001-2002 To encourage the growth of existing member industries and businesses. To assist any new legitimate firms or individuals seeking to locate in the Temecula Valley area. To serve as a responsible representative for all business legislation and activity that affects the overall welfare of our members. To promote, support, and assist the tourism industry in the Temecula Valley. To serve as an informational resource center for members and the community at large. Tourism · To continue providing professional services in response to tourism inquiries on behalf of the City of Temecula. · To continue to advertise the Chamber's phone number in the outreach tourism publications. · To publish an updated Visitors Guide. · To attend Trade Shows representing the City of Temecula. · To organize and host Fam Tours for the City of Temecula. · To assist City staff in organizing tourism presentations. Community Information · To continue to provide walk-in/telephone inquiries with the best possible service. · To continue to provide updated maps, demographics, relocation packets, housing and rental lists, calendar of events, organizations lists, senior packets, etc. · To provide updated information on the Chamber's website. City 'Promotions · To continue to promote the benefits of keeping tax dollars local through the semi-annual Shop Temecula First Campaign. · To continue to educate the business community by hosting events such as the Technology Expo, Business of the Month, Business Showcase, State of the City, Mystery Shopper Campaign, Marketing Seminars, Roundtables, etc. · To continue providing the City with two pages of space each month in the Chamber newsletter. The City has published articles such as Temecula City Council for 2000, Excellent Police Business Programs, Temecula in Review, Future Temecula Library and Partnership Strengthens City Marketing Efforts. · To further develop the new marketing program "Just Ask Us" for the community to contact the Chamber for all resources, such as plumbers, tailors, attorneys, etc. Education/Government · To continue to work in partnership with the City of Temecula and the Temecula Valley Unified School District. · To commence a Youth Job Fair to benefit the students of Temecula and the business community. · The Government Action Committee will continue to take a more active role in the City of Temecula and state legislative issues. · To provide our business members and community with educational information to help them prosper. Economic Development Marketing Campaign · To continue to serve on the City's Marketing Committee. · To provide information to each business interested in relocating to Temecula. · To continue to provide the City with letters of endorsement for grants and future proposals. · As part of the Welcoming Committee, continue to provide ribbon cuttings. City Contract Services Provided by The Temecula Valley Chamber of Commerce Projected Budget for July 2001-June 2002 Based on Temecula's Population Increase at 10% Services Provided Cost Tourism Walk-in/Telephone Traffic $30,567 Visitors Guides $1,760 Postage/Printing Materials $550 Internet-Tourism info $1,925 Weekend Visitors Center $3,300 Long Lead Event Calendar $711 Temecula-So. California Brochure $660 Trade Show Participation $550 Fam Tour Participation $550 Marketing Committee Participation $330 Temecula Talks in Chamber Newsletter $2,376 Tourism CD Rom $1,650 Email Response $743 Community Information Walk-in/Telephone Traffic $4,995 City Maps $1,320 Demographic Information $1,100 Relocation Packets $9,240 Housing/Apartment Listings $935 Special Events $2,365 Climate Listing $55 Calendar of Events $1,289 Internet-Relocation/Calendar/Schools/Organizations $2,646 Email Response $731 City Promotions 'Shop Temecula First Campaign (2) $1,100 Business of the Month Program $2,530 Internet-Local Business $1,540 Business Showcase $7,700 Technology Expo $11,253 Mystery Shopper Campaign $5,940 State of the City $17,600 Holiday Lights/4th of July Floats $2,420 Monthly Newsletter Articles (City) $8,580 Installation Dinner $1,100 Balloon & Wine Festival City/Chamber Booth $165 Education/Government Youth Job Fair $770 Issue Awareness $5,940 Candidate Forum $4,400 Good Morning Sacramento Forum $4,40(~ Good Morning Washington Forum $4,400 Economic Development Marketing Campaign Welcoming Committee (Ribbon Cuffings) $2,904 Business Inquiries $1,65C Provide support to existing Temecula business/Retention $1,430 Total for Services $156,170 (:3 0 0 8888888°°°°'8oooo 0 ooOO§§~ooooo~ooooo oo888888°°8oo 8 oooo~8~8°°°ooo 0 88' Z g ~ [, 8 o~ Temecula Valley Chamber of Commerce Balance Sheet February 28, 2001 Current Assets Checking - FNB 2172715 Scholarship Fund Money Market - FNB 2541281 Cap Impv Fnd - FNB 2545120 CO Pacific Trust CBT Business Moneyplus Pe[ty Cash Total Current Assets Property and Equipment Office Furniture & Equipment Construction in Progress Accum Depr- Off Fum & Equip Total Property and Equipment Other Assets Total Other Assets Total Assets ASSETS 16,497.09 12.02 564.94 8,555.49 80,449.10 3,720.44 200.00 109,513.73 199,090.89 <52,761.00> 109,999.08 255,843.62 0.00 $ 365,842.70 ;urrent Liabilities FUTA Tax Payable CA State Payroll Taxes Payable CA SUI Payable Health Ins - Employee W/H Retirement - Employee W/H Tota'l Current Liabilities Long-Term Liabilities Total Long-Term Liabilities Total Liabilities NET ASSETS Beginning Balance Net Income Total Net Assets Total Liabilities & Net Assets LIABILI~I'IES AND NET ASSETS 317.84 <174.48> 0.02 440.00 1,076.50 1,659.88 0.00 1,659.88 319,214.35 44,968.47 364,182.82 365,842.70 .cc o~o~oooooooooooooooooooooooo o ~o ~ o ooooo ~ooo~o o o ~ TOURISM The Chamber provides each caller, walk-in visitor or e-mail request with tourism information on local wineries, golf courses, Old Town, hotels, motels, and any other pertinent information. Since July 2000, 42,420 tourism inquiries were serviced by the Chamber through phone calls, mailings, walk-ins, Visitor Center walk-ins, and e-mail. Fam Tours for travel writers, tour operators, and hotel concierge personnel are organized by City and Chamber staffheld throughout the year to showcase Temecula's tourism sites. This year, the Mayor, City and Chamber staff met with the Director of Tourism for the State of California and representatives from the Office of Tourism from Japan, Australia, and Germany. The California Travel Market and Los Angeles Times Travel Show and various Trade Shows held throughout the year are staffed by City, Chamber, and Tourism Council members. Chamber staff works closely with the Inland Empire Tourism Council. Visitors Guides will also be published this year and will continue to be distributed and sent to visitors per their request. We have many bulk mailing and pick-up requests. The Tourism CD Rom Project developed by the City's Marketing Department will be reviewed by the Tourism Council and interlinked to the Chamber's website. Chamber staff assists with a follow-up survey to the businesses and visitors who attend the special events in Temecula. The Chamber's phone number is listed in the following publications for visitor information. · AAA Publications · Business Resource Guide · California 2000 (Visitor Guide) · City of Temecula User Guide · North County CONVIS Visitor Guide · San Diego Guest Informant · Inland Empire Regional Visitors Guide · San Diego CONVIS Visitors Pocket Guide · San Diegan · Tourism Newsletter · Welcome Guide to New Residents · Tourism articles that are submitted to the press, travel writers, etc. The mission of the Tourism Council is to work to develop and promote a healthy tourist industry in the Temecula Valley. The committee continues to seek out a broad diversity of interest from all tourism segments and has seen an increase in attendance of representation from the local wineries, Film Council, Old Town, hotels, etc. COMMUNITY INFORMATION Chamber Website - The website provides information on relocation, TVCC members (over 1,200 members), organizations, meeting facilities, tourism, recreation, and Shop Temecula First information. It is now linked with the City of Temecula, Temecula Valley Wine Growers Association, and the Weather Channel websites. Calendar of Events - The Calendar is currently updated on a weekly basis through the website, changes made in-house by Chamber staff. Calendars are distributed to visitors. An Organizations listing and the Calendar are enclosed in your packet. School Schedules and Statistical Reports - The Temecula Valley Unified School District provides the Chamber with the current schedules. Brochures are available for current residents and individuals seeking to relocate to Temecula. Maps - The Chamber has published 17,000 updated maps with over 300 additional new street names. Demographic packets - 2,585 packets have been distributed this past year. Relocation Packets - The relocation packet consists of the following information: local schools, utilities, city and government offices, law enforcement, hospitals, climate, history, and a community profile. The Chamber has serviced 8,380 relocation inquiries since July 2000 received through phone calls, mailings, walk-ins, Visitor Center walk-ins, and e-mails. New Housing and Rental Information Listings - provides relocation inquiries with information on locations, square footage, number of bedrooms, and price ranges. A staff member goes out into the community on a quarterly basis to update these lists. State of the City - On March 29, 2001, the Chamber hosted the State of the City Luncheon, with 350 guests in attendance. The Chamber will provide the City of Temecula with 20 complimentary tickets for the year 2002 event. Installation Dinner - This year's dinner hosted 530 guests. Next year's event is already in the planning stages and we look forward to another successful event. City Council Members will be provided with premier seating and receive complimentary reservations for themselves and a guest. CITY PROMOTIONS One of the most significant accomplishments the Chamber has experienced this year is the Temecula Today.t monthly newsletter. A newsletter sample is enclosed. There is more information on current legislation affecting the business community and educational information to help businesses succeed. The Chamber provides the City of Temecula with two full-pages of advertisement space in the Temecula Today.t newsletter. The section is headlined "News From The City" and has had feature articles such as, Temecula City Council 2000, Excellent Business Police Programs, Growth Management Strategies, City Budget ...Building on a Tradition of Success, Business Resource Materials are Now Available, and Partnerships Strengthen City Marketing Efforts. Shop Temecula First - Successful 'Shop Temecula First' campaigns are promoted, encouraging the community to 'Shop Temecula First' to keep tax dollars local. These successful campaigns will continue in June and November of this year. The committee is updating the logo and posters and anticipates 200 participants this year, which will contribute to local tax dollars. Marketing Seminars - The focus of the seminars is to educate the business community in marketing their business. Last year's seminar topic was "The Basics of Employment Law for Businesses of All Sizes". The "Just Ask Us" Marketing Program will encourage the community to contact the Chamber for all resources. Need a plumber, contractor, or attorney? "Just Ask Us"! The program will sport a new promotional brochure, as well as placed on the Chamber page in the local newspapers. EDUCATION AND GOVERNMENT The Education Committee will sponsor a Youth Job Fair with the Workforce Development Center's Hire-a-Youth Program and The Promenade in Temecula. The job fair is geared for the Temecula students, ages 16-18, who will be asked to attend workshops taught by teachers from the Regional Occupation Program. Participating employers must have job positions available. The Career Education Video Project is part of the business mentoring program. The committee has worked with the video production class at Chaparral High School, and to date, four businesses have been filmed for individuals seeking employment. The Chamber has taken a more proactive approach in taking positions on issues and educating the business community. The Chamber sent letters to the Governor's office and other agencies concerning the Energy Crisis and SB1637 (Burton) Property Tax Revenue Shifts: Limitation. A letter is now in development regarding redistricting of the Temecula and Murrieta supervisorial areas. The committee organizes Good Morning Sacramento, Good Morning Washington D.C., and will coordinate a City Council Candidates Forum in October 2001. Board members and Chamber staff will visit the State Capitol this month. ECONOMIC DEVELOPMENT MARKETING CAMPAIGN A Chamber executive staff member meets with each business inquirer interested in relocating or forming a new business in Temecula. This individual is introduced to the City and informed on the area. We provide three different types of demographic packets (City of Temecula, Community Economic Profile, and the Community Profile supplied by John E. Husing, Ph.D.), including housing, rentals, maps and business newsletters. The Chamber President/CEO is a member of the SWRCEDC Retention Committee. The Chamber is the small business advocate and works well with the City of Temecula in providing assistance to the business community when issues arise. The business community benefits from the Chamber, City, and other agencies by having a good working relationship. As part of the Welcoming Committee program, the Chamber has provided ribbon cuttings for 137 businesses since July 2000, which are highlighted monthly in the Temecula Today.t newsletter. IB CITY/CHAMBER OPERATING AGREEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CHAMBER OF COMMERCE This Agreement, made in triplicate, this 24th day of July, 2001, by and between the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the TEMECULA VALLEY CHAMBER OF COMMERCE, a California nonprofit corporation (hereinafter referred to as "CHAMBER") with reference to the following facts which are acknowledged by each party as true and correct: I. RECITALS A. The City is desirous of promoting its advantages as a business, industrial, and residential center; disseminating information relative thereto, and of propedy following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, and business interests. B. The Chamber has special knowledge, experience and facilities for disseminating information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its advantages. C. Such activities are recognized by law as being in the public interest and serving a public purpose. II. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. Chamber shall undertake, during the 2001-2002 fiscal year, to carry on promotional activities on behalf of City and to particularly render the following services: 1. To maintain suitable quarters and employ competent professional personnel to carry on the promotional activities herein stated. 2. To promptly answer all correspondence relative to the business, industrial, and residential advantages and opportunities in the City of Temecula, and to disseminate information by correspondence, newspaper public Agency and personal contacts favorably advertising such advantages and opportunities. 3. Respond to legislative issues through the Chamber's Government Action Committee. Organize a City of Temecula Council Candidates Forum inviting the membership and community. 4. To prepare a long lead event calendar. 5. Assist in trade show and Familiarization Tour participation. 6. Develop and execute marketing seminars. R:\Wolnickg\S ponsored Events\chamber agreement 200 l.doc 1 7. Coordinate the welcoming committee with the EDC. 8. To assist potential businesses in opening and relocating to Temecula. 9. To assist in the development and implementation of a city-wide marketing plan to promote toudsm and business expansion. 10. To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunities in Temecula. 11. To support the City in all ways possible in the furtherance of the activities of the City of Temecula. 12. To maintain a public office within the business area of City, easily accessible and fully equipped for the purpose of disseminating information and answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than eight hours a day, except Saturdays, Sundays, and holidays. Chamber shall employ a full time President/CEO, a portion of whose duties shall be to promote the welfare and activities of the City of Temecula; its industries, business activities and opportunities, residential advantages; and other matters of general public interest. 13. Retention Committee for community businesses to sustain and nurture existing businesses in Temecula. 14. Produce and update relocation packets for new residents. 15. Provide demographic information to interested individuals. 16. Organize events to promote goodwill in the City such as the Shop Temecula First Campaign, Technology Expo, Business Showcase, State of the City Luncheon (20 seats), Installation Dinner (20 seats) and parade participation. 17. Maintain and update Chamberweb-site. 18. Update and reprint Visitor Guide, which will include a detailed Old Town Temecula section. 19. Update and repdnt City Maps. B. That in consideration of the services to be performed by Chamber for City, as set forth in paragraph 1 hereof, City hereby agrees to pay Chamber, during the term of this Agreement, the sum of $148,000 for the fiscal year 2001-02, payable upon receipt of invoice quarterly beginning on execution of this Agreement. C. In the event the City of Temecula should desire any additional service, Chamber shall, upon request of City, furnish a proposal including an itemized statement of the estimated cost thereof, and the City of Temecula may modify or alter the proposal in its sole discretion or R:\Wolrfickg\Sponsored Events\chamber agreement 2001 .doc 2 the final approval of any such proposal and execution thereof, by the City of Temecula and the Chamber, as herein provided, the City will pay to Chamber the cost thereof, and the Chamber shall perform the work. All money due for carrying out said plan or proposal shall be supported by a detailed statement of Chamber showing the basis of said claims, and certified by proper officers of Chamber. Chamber shall not be entitled to receive any compensation for its normal services or expenses. D. The PresidentJCEO of the Chamber shall prepare and submit to the City Manager and Assistant City Manager a monthly written report specifying the activities of Chamber. Said report shall be prepared in a format acceptable to the City of Temecula and is requested by the second Friday of each month. E. Chamber agrees that it will defend, indemnify and hold the City and their respective elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Chamber's acts or omissions or those of Chamber's employees, officers, agents or invitees in connection with their services rendered hereunder to the maximum extent allowed by law. F. Chamber shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive automobile and workers' compensation and employees' Liability Insurance in which the City of Temecula is the named insured or is named as an additional insured with the Chamber and shall furnish a Certificate of Liability Insurance to the City of Temecula. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall; 1. Include the City of Temecula as the insured or named as an additional insured covedng the services to be performed under this Agreement against all claims arising out of, or in connection with, the Agreement. 2. Include the City of Temecula, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. 3. Provide the following minimum limits: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. R:\Wolnickg\Sponsored Events\chamber agreement 2001.doc 3 4. The insurer shall agree to waive all dghts of subrogation against the Agency, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 5. Bear an endorsement or shall have attached adder whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before. 6. Any deductible or self-insured retention must be declared to and approved by the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees; or the Chamber shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. G. Should any litigation be commenced between the parties hereto conceming the previsions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition any other relief to which it may be entitled. H. This Agreement shall be effective for the fiscal year commencing July 1, 2001, and terminating June 30, 2002. I. This Agreement may be terminated by either party upon thirty (30) days wdtten notice with any sums due and payable hereunder. R:\W olnickg\S ponsored Events\chamber agreement 200 l.doc 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. CITY OF TEMECULA TEMECULA VALLEY CHAMBER OF COMMERCE Jeff Comerchero, Mayor Tomi Arbogast Chairman of the Board ATTEST: Susan Jones, CMC City Clerk Alice Sullivan President/CEO APPROVED AS TO FORM: Ron Bradley Treasurer Peter Thorson, Agency Attorney Bonnie Renz-Hanna Secretary ARenc¥ Information Temecula Valley Chamber of Commerce 27450 Ynez Rd., Suite 124 Temecula, CA 92591 (909) 676-5090 R:\Wolnickg\Sponsored Events\chamber ag~eemeat 2001.doc 5 2A ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY SUPPORT INFORMATION OFFICERS C~ ¥~um~ms Coramuni~y Nations( ~k P~t D~vld Ph~res D~ Phis ~sso~t~ Phil Oberhansley~ Esq. Cann~ Par~ ~ Ob~aml~ SO~ Kei~ Johnson Mbs~m Oa~ Nat~nd ~nk DIRECTORS Marlene Best Ciff of Lake Ehinore Ron Bradley Temecula CONNECT Jeff Comerchero Mqyor - Ciy of Tememla Mike Doblado The promenade Mall Dennis Frank Univer~y of Cahfornia, Pdverside Darren Gill DOD Construction Fred Grimes W/estMar Commerdal Bmkerag6 Inc. Ted Hating Eastern Munia~al IVater District Ron H olliday ~y of Munleta Jim King Southern Ca~fornia Gas Company Dick Kurtz CDM Grou. O~ Inc. Michael Lewia I~v Offces of Mirau Edward Cannon HarUr ~ Lt~in Robert Lopez Southern California Edison Rob Moran Rluerdd~ Couny ED.4 Lod Moss James O'Grafly City of Teraeculu Bonnie Renz-Hanua Dimrsifieg The Staffing Solution David Rosenthal $outhvast R~vmi& County Manufact~rtrs' Coundl Al Sabsevitz Lorie Schule~berg Tammy Walsh lwke Eht~or~ Valle7 Chamber of Commerce EDCffi ~ Riversi~C~~un~ March 16, 2001 Jim O'Grady City of Temecula 43200 Business Park Drive Temecula, CA 92590 RECEIVED ?:.., RE: FUNDING REQUEST FOR FY 2001-02 Dear Jim: The Economic Development Corporation of Southwest Riverside County (EDCSWRC) is pleased to submit for your review the organization's draft operating budget for FY 2001-02, financial statements ending June 30, 2000, and Summary of Activities FY 2000-01. Our funding request in the amount of twenty thousand dollars ($20,000) is reflected in the draft budget as anticipated revenue from the City of Temecula. We hope to secure the funding in July 2001, which coincides with a planned membership campaign. There are no anticipated changes to the existing contract between the City and EDCSWRC. Scope of services will continue with business relations and development, community outreach, and education programs. Also, ongoing staff education in marketing and fund development will allow greater opportunity to advance the organization's mission. Thank you for considering this request. We look forward to meeting with the Economic Development Subcommittee in April. Respectfully, Diane Sessions Administrator cc: Gary Youmans, EDC President end.: Summary of Activity FY2000-01 Draft Operating Budget FY2001-02 Financial Statements ending June 30, 2000 Post Office Box 1388 · 27447 Enterprise CircleWest, Suite #101 · Temecula, CA 92593-1388 Office 909/6004064 · FAX 909/60045005 ° Email info@edc-swrc.org · www. edc-swrc.org ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY Implementation Plan 2001-2002 Executive Summary The Implementation Plan was put together from information that was developed in a series of discussion groups as well as input from the general membership. Information was solicited from economic development experts and provided during focused discussions. The plan will center on six key areas. The plan is not limited to the following and will have the ability to add or delete items as needed with Board approval. The key areas that will be part of the plan are as follows: 1. Retain and expand businesses in Southwest Riverside County. 2. Create a synergy between the business community, public agencies, education and training facilitators, and economic development organizations in the region. 3. Facilitate a streamlined environment where the public and private entities can work in partnership for the creation and retention of employment in the area. 4. Develop an information source via newsletters, luncheons, and seminar presentations to create a source of public education forums to assist all businesses. 5. Be a focal point of local efforts to promote and enhance a healthy economy. 6. Support a business environment that promotes economic growth and creates a desirable lifestyle in which members of the community and live and work. In order to reach these objectives, the EDC must continue to expand its membership to better fund the efforts outlined above. Membership expansion will also attract additional expertise that the EDC can draw from to meet goals. Currently, membership is centered in the Temecula area; further membership from Murfieta and Lake Elsinore will be needed to meet the regional goals that are a part of this organization. This expansion will include civic and trade organizations that also have the common goal of building a strong economic business community. Southwest Riverside County needs the EDC to be the organization that will take a leadership role, with its primary goal to develop quality jobs in the area. Successful facilitation of this plan will ensure that businesses in the area will expand, new businesses will be attracted to the area, and more jobs will be generated. With new jobs created, the over-50% commuter population within Southwest Riverside County may find work in the area. This will produce the perfect balance between an already desirable place to live and a business climate that will support its residents. EDC SOUTHWEST RIVERSIDE COUNTY OPERATING BUDGET JULY 1, 2001 TO JUNE 30, 2002 Revenue Membership - Cash $ 33,000.00 City Participation $ 30,000.00 County Participation $ 11,200.00 Special Event Revenue (golf) $ 18,800.00 Quarterly Luncheons $ 9,000.00 Interest Income $ 2,000.00 TOTAL REVENUE EXPENDITURES Total Personnel Services Direct Operating Expenses Advertising $ 200.00 Insurance $ 2,450.00 Office Supplies $ 1,500.00 Equipment repairs $ 100.00 Telephone $ 1,800.00 Postage $ 3,000.00 Printing/copying/binding $ 1,000.00 Dues/memberships $ 300.00 Conferenceftreining $ 1,500.00 Travel $ 500.00 Rent $ 11,200.00 Website $ 2,500.00 Taxes & License $ 150.00 Miscellaneous Expenses $ 100.00 Professional Fees $ 200.00 Total Direct Operating Expenses Direct Program Expenses Membership Drive Newsletter Expense Quarterly Luncheons Golf Tournament Total Direct Program Expenses $ 2,000.00 $ 2,000.00 $ 9,000.00 $ 9,000.00 $55,500.00 $26,500.00 $22,000.00 $ I04,000.00 TOTAL EXPENDITURES $104,000.00 EXCESS EXPENDITURES OVER REVENUE $ 0 ECONOMIC DEVELOPMENT COPRPORATION OF SOUTHWEST RIVERSIDE COUNTY SUMMARY OF ACTIVITY July 1, 2000 to June 30, 2001 _Business Dev~ · Responded to 29 leads generated by a variety of sources including the City of Temecula, City of Murrieta, existing businesses, commercial real estate brokers (local and out of area), developers, construction companies (local and out of area), and individuals. · Attended two site tours for companies looking to build a hotel and an arts/entertainment center. Business Retention/Expansion · As of March 1, 2001, the Business Relations Committee attended 8 monthly meetings and completed 29 visitations during FY 2000-0. Survey data was collected in person and by telephone. Year to date, committee members received and responded to 10 miscellaneous action items regarding workforce training, lending, property issues, technology, vendor referrals, and permits. · The EDCSWRC, in partnership with the cities of Lake Elsinore, Murrieta, Temecula, their respective Chambers of Commerce, Riverside County EDA, and SWRC Economic Alliance, helped prepare and distribute the SWRC Business Resource Guide. Riverside County Workforce Development Board funded the project through a business visitation grant. The guide is designed to assist new, expanding or relocating firms find the.resources they need to succeed in SW Riverside County. The guide is available for viewing on the EDCSWRC web site at www.edc-swrc.org. · Completed a website redesign that included a more professional representation of the EDCSWRC, state-of-the-art graphics, more links to various business resource sites, access to the Business Resource Guide, Business Census Survey, and EDC newsletters and updates. Upgrades are in progress to add a restricted page for members only. · EDCSWRC is a partner agency in the Temecula Workforce Development Center (WDC) and actively participates in events and workshops related to employee development. Other WDC partners include Employment Development Department, Riverside County EDA, SWRC Economic Alliance, Department of Rehabilitation, Office on Aging, Mt. San Jacinto College, Volunteer Center of Riverside County, Center for Employment Training, CalWorks/G.AI.N, and Kelly Services. Post Office Box 1388 · 27447 Enterprise Circle West, Suite vlOl· Temecula, CA 92593-1388 Office 909/600-6064 · FAX 909/600-6005 · Email info@edc-swrc.org · www. edc-swrc.org Summary of Activity July 1, 2000 - June 30, 2001 Page 2 of 4 Education/Marketing/Outreach Participated in 9 general meetings of the Southwest Riverside County Manufacturers' Council. Reciprocal board positions exist between the EDCSWRC and the Manufacturers' Council. Staff serves as an honorary board member of the Council. EDCSWRC helped coordinate the Manufacturers' Council's first quarterly luncheon held on February 23, 2001 at the Hemet WDC. Attended three Temecula CONNECT Links luncheons to date. Reciprocal memberships exist between the two organizations. Attended six Lake Elsinore Chamber of Commerce/EDC luncheons to date. Reciprocal memberships exist between the two organizations. Attended two Murrieta Brokers' meetings held at Murrieta Council Chambers. Attended three 3~d District Quarterly Workshops hosted by County Supervisor Jim Venable. Attendees are economic development partners (Chambers of Commerce, EDCs, city staff, etc.) representing Riverside County's third district. EDCSWRC will attend the upcoming quarterly workshop in April 2001. Attended four SWRC Economic Alliance meetings. EDCSWRC strongly supports the Alliance and works in partnership to help advance regional marketing efforts. Hosted four quarterly luncheons that provided topics on workforce development, technology programs offered through UC Riverside, economic forecast for the region, and higher education. The last quarterly luncheon for FY 2000-01 will be on April 26, 2001 and will provide information on corporate/technical recruitment and labor law updates. Partnered in the Business Resource Guide project. The comprehensive guide was designed to assist the business community with access to a collection of available resources. Mass distribution of the guide was completed in July 2001. Created a new marketing brochure used for membership solicitation, lead responses, business visitations and assistance, and general mailings. Redesigned the organization's newsletter. A first edition was printed in early March 2001, with production continuing on a quarterly cycle. Prepared and mailed 194 response letters and resource packets to Temecula business owners who responded to the business census survey. Each packet included information that was specifically requested by survey participants. Currently acts as lead agency for the SWRC Career & Manufacturers' Expo scheduled for April 21, 2001. In its third year, this annual event is hosted by The Press- Enterprise. Staff attended and/or participated in the following meetings/events: 0 Lake Elsinore City Council Meeting - Staff presented the City with the perpetual golf trophy for winning the City Showdown contest as best golfers in the EDC 6th Annual Golf Tournament. Summary of Activity July 1, 2000- June 30, 2001 Page 3 of 4 Temecula Valley Chamber of Commerce Mixer Murrieta Home-Based Business Survey presentation Murrieta State-of-the-City Address City of Temecula Marketing Meeting Murrieta Chamber of Commerce Mixer Vista Office Center open house event hosted by Nancy Austin of Coldwell Banker Ground-breaking event for Multi-Visual Products in Murrieta Temecula Mayor's Breakfast Meeting with Bob Dowden of Guidant to discuss employee retention strategies Inland Empire Economic Forecast Breakfast on December 8, 2000 California Bank & Trust holiday party Represented the EDCSWRC at the Murrieta Chamber's Business Showcase in Murrieta Represented the EDCSWRC at the Temecula Chamber's B2B Technology Expo under the hospice of the City of Temecula Organization / Administration As of February 22, 2001, EDCSWRC held eight general board meetings, and four various committee meetings. General board meetings are held monthly on the third Thursday at 9:00 a.m., in the Temecula Workforce Development Center. EDCSWRC is developing partnerships with various San Diego economic development agencies in San Diego. Board of Directors took action on the following: 0 Appointed new Director-at-Large to represent the SWRC Manufacturers' Council Submittal of a grant application for additional website enhancements Resolution//2000-02 - Support the Integrity of French Valley Airport 0 Resolution #2000-03 - Bank Accounts and Signatories of the Corporation 0 Resolution//2001-01 - Wolf Creek Specific Plan Referendum 0 Resolution //2001-02 - Proposed RCIP's Multi-Species Habitat Conservation Plan Affecting the City of Murrieta 0 Letter of Support to endorse SANDAG as the lead agency for the Interregional Partnership grant. O Letter of Support to endorse the City of Murrieta as lead agency for the Overall Economic Development Funds grant offered through HUD. Summary of Activity July 1, 2000 - June 30, 2001 Page 4 of 4 EDCSWRC staff attended and/or participated in the following meetings/events: WDC Partner meetings (3) WDC All-Staffmeetings (5) Riverside WDC All-Staff Meeting. Staff was invited to speak at the Riverside meeting on EDC activities and resource assistance. WDC Safety Team meetings (7). Staff is a committee member of the WDC Safety Team. Meeting with Kim Goodnough of Heritage Media to discuss marketing opportunities Meeting with Marilyn Ganly of Total Plan, Inc. to assist with networking opportunities Committee meetings for SWRC Career & Manufacturers Expo (4) Meeting with organizers of the City ofPerris EDC. Staffmet with Pen'is EDC members to assist with grass-roots organizational and marketing efforts. ECONOMIC DEVELOPMENT CORPORATION SOUTHWEST RIVERSIDE COUNTY BALANCE SHEBT JUNE 30, 2000 ASSETS CUP~NT ASSETS Cash in checking - Calif. Bank & Trust Money Market - Calif. Bank & Trust Prepaid expenses TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT Equipment Less: Accumulated depreciation NET PROPERTY AND EQUIPMENT $ (175) 63,300 2,134 16,076 (15,583) TOTAL ASSETS LIABILITIES AND FUND BALANCE $ 65,259 493 $ 65,752 FUND BALANCE Fund balance, beginning Excess (deficit) of revenues over expenses TOTAL FUND BALANCE TOTAL LIABILITIES AND FUND BALANCE $ 57,550 8,203 65,752 $ 65,752 See accountant's compilation report winifred A. Samstag, Certified Public Accountant Temecula, California ECONOMIC DEVELOPMENT CORPORATION . SOUTh"WEST RIVERSIDE COUNTY STATEMENT OF REVENUES AND EXPENSES FOR THE FISCAL YEAR ENDED JUNE 30, 2000 YEAR TO DATE REVENUES Memberships - cash City contract County contribution Special event revenue (golf) Quarterly luncheons Interest income TOTAL MEVENUES $ 39,328 26,500 25,000 17,474 4,049 2,005 114,355 EXPENSES PERSONNEL SERVICES Director - temporary services Director's medical reimbursement Secretary - temporary services consulting fees - Staff services TOTAL PERSONNEL SERVICES ADVERTISING~CONSULTING~INSURANCE Accounting Advertising Consulting fees - general consulting fees - Special Projects Insurance - general TOTAL ADVERTISING/CONSULTING/INSURANCE 48,311 333 7,145 38 55,827 1,500 195 490 7,086 2,213 11,484 DIRECT OPERATING EXPENSES office supplies Equipment repairs Telephone Postage Printing/copying/binding Dues/memberships/subscriptions Internet Website Conferences/training/workshops Travel Meals/entertainment Rent Taxes & licenses Legal fees Miscellaneous TOTAL DIRECT OPEPJ%TING EXPENSES 1,431 210 1,950 1,182 1,946 259 68 1,932 249 709 50 12,792 129 159 492 23,558 see accountant's compilation report Winifred A. Samstag, Certified Public Accountant Temecula, California ECONOMIC DEVELOPMENT CORPORATION SOUTHWEST RIVERSIDE COUNTY STATEMENT OF REVENUES AND EXPENSES FOR THE FISCAL YEAR ENDED JUNE 30, 2000 DIRECT pROGRAM EXPENSE Membership (drive, directory, plaques) Public relations/marketing Quarterly luncheons Golf tournament TOTAL DIRECT pROGRAM EXPENSE YEAR TO DATE 11 50 4,796 9,094 13,951 EQUIPMENT EXPENSE Depreciation TOTAL EQUIPMENT EXPENSE TOTAL EXPENSES EXCESS (DEFICIT) OF REVENUES OVER EXPENSES 1,332 1,332 106,153 $ 8,203 See accountant's compilation report Winifred A. Samstag, Certified Public Accountant Temecula, California ECONOMIC DEVELOPMENT CORPORATION STATEMENT OF CASH FLOWS FOR THE FISCAL yEAR ENDED JUNE 30, 2000 YEAR DATE NET CASH FLOW FROM OPERATING ACTIVITIES EXCESS (DEFICIT) OF REVENUES OVER EXPENSES $ 8,203 ADJUSTMENTS TO RECONCILE NET INCOME TO NET CASH pROVIDED BY OPERATING ACTIVITIES Depreciation and amortization (Incr.) decr. in prepaid expenses TOTAL ADJUSTMENTS NET CASH FLOW FROM OPERATING ACTIVITIES CASH FLOWS FROM INVESTING ACTIVITIES 1,332 (115) 1,217 $ 9,420 CASH FLOWS FROM FINANCING ACTIVITIES NET INCREASE (DECREASE) IN CASH AND AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS, BEGINNING CASH AND CASH EQUIVALENTS, ENDING $ 9,420 53,705 $ 63,125 See accountant's compilation report Winifred A. Samstag, Certified Public Accountant Temecula, california 2B ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY OPERATING AGREEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY REGARDING THE PROVISION OF ECONOMIC DEVELOPMENT SERVICES This Agreement, made in triplicate, this 24th day of July, 2001, by and between the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY, a California nonprofit corporation (hereinafter referred to as "EDCSWRC") with reference to the following facts which are acknowledged by each party as true and correct: RECITALS A. The City is desirous of promoting its advantages as a business, industrial, and residential center; disseminating information relative thereto, and of propedy following up and giving consideration to inquiries made relative to the vadous activities of City of Temecula ("City") and its possibilities as such to residential, industrial, and business interests. B. The EDCSWRC has special knowledge, experience and facilities for accomplishing economic development activities. C. The City now desires to retain the EDCSWRC to accomplish vadous economic activities and the EDCSWRC is willing to be so retained pursuant to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: OPERATIVE PROVISIONS 1. RESPONSIBILITIES OF THE EDCSWRC 1.1 The EDCSWRC shall undertake, dudng the 2001-02 fiscal year, to carry on the EDCSWRC's scope of services as listed in the attached executive summary (refer to Exhibit #1), which is attached to and made a part of this agreement. These services include business relations, business development, community outreach, and education programs. These duties may be adjusted from time to time as agreed upon by the EDCSWRC and the City. 1.2 The Administrator of the EDCSWRC shall prepare and submit to the City Manager and Assistant City Manager a monthly wdtten report specifying the activities of the EDCSWRC. Said report shall be prepared in a format acceptable to the City of Temecula and submitted to the City by the second Fdday of each month. ] R:\Wolnickg\Sponsorcd Events~EDCSWRC Agreement 2001 .doc 2. PAYMENT TO EDCSWRC 2.1 In consideration of the services to be performed by the EDCSWRC for the City as set forth in paragraph 1 hereof, the City hereby agrees to pay the EDCSWRC, the sum of $20,000. This shall be considered a payment for services rendered from July 1, 2001 through June 30, 2002. 2.2 In the event the City should desire any additional services, the EDCSWRC may, upon request of the City, furnish a proposal including, an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal, or may reject the proposal in its entirety at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof by the EDCSWRC and the City, as herein provided, the City will pay to the EDCSWRC the cost thereof and the EDCSWRC shall perform the services set forth in the proposal. All money due for carrying out said plan or proposal shall be supported by a detailed statement of the EDCSWRC showing the basis of said claims, and certified by proper officers of the EDCSWRC. 3. INDEMNIFICATION The EDCSWRC agrees that it will defend, indemnify and hold the City and its elected officials, officers, agents, and employees free and harmless from claims for damage to persons or property by reason of the EDCSWRC's acts or omissions or those of the EDCSWRC's employees, officers, agents or invitees in connection with their services rendered hereunder to the maximum extent allowed by law. 4. INSURANCE The EDCSWRC shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of workers compensation and employers' Liability Insurance in which the City is the named insured or is named as an additional insured with the EDCSWRC and shall furnish a Certificate of Liability Insurance to the City Manager of the City of Temecula before execution of this Agreement. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: 4.1 Include the City as the insured or named as an additional insured covedng the services to be performed under this Agreement against all claims adsing out of, or in connection with, the Agreement. 4.2 Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims adsing out of, or in connection with, the Agreement. Provide the following minimum limits: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 2 R:\Wolnickg\S ponsore d Eve~ts\EDCSWRC Agreement 200 l.doc Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. 4.3 The insurer shall agree to waive all dghts of subrogation against the City, its officers, officials, employees and volunteers for losses adsing from work performed by the Contractor for the City. 4.4 Bear an endorsement or shall have attached adder whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before. 4.5 Any deductible or self-insured retention must be declared to and approved by the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees; or the EDCSWRC shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. 5. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto conceming the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attomey's fees, in addition any other relief to which it may be entitled. 6. TERM This Agreement shall be effective for the fiscal year commencing July 1, 2001, and terminating June 30, 2002. 6.1 This Agreement may be terminated for any reason, by either party upon thirty (30) days wdtten notice with any sums due and payable hereunder for services actually performed. 7. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. R:\Wolnickg\Sponsored Evants\EDCSWRC Agreement 2001.doc CITY OF TEMECULA IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY Jeff Comerchero, Mayor Gary Youmans, President ATTEST: Susan W. Jones, CMC City Clerk Phil Oberhansley, Secretary APPROVED AS TO FORM: Peter Thorson, City Attorney Agency Information Economic Development Corporation Of Southwest Riverside County 27447 Enterprise Circle West, Suite 101 Temecula, CA 92593-1388 R:\Wolnickg\$ponsored Events~EDCSWRC Agreement 2001.doc 4 EXHIBIT #1 EDCSWRC's Scope of Services R:\Wolnickg\Slx~nsored Events\EDCSWRC A~ceement 2001.doc ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY Implementation Plan 2001-2002 Executive Summary The Implementation Plan was put together from information that was developed in a series of discussion groups as well as input from the general membership. Information was solicited from economic development experts and provided during focused discussions. The plan will center on six key areas. The plan is not limited to the following and will have the ability to add or delete items as needed with Board approval. The key areas that will be part of the plan are as follows: 1. Retain and expand businesses in Southwest Riverside County. 2. Create a synergy between the business community, public agencies, education and training facilitators, and economic development o[ganizations in the region. 3. Facilitate a streamlined environment where the public and private entities can work in partnership for the c[eation, and retention of employment in the area. 4. Develop an information sou/ce via newsletters, luncheons, and seminar presentations to create a source of public education forums to assist all businesses. 5. Be a focal point of local efforts to promote and enhance a healthy economy. 6. Support a business environment that promotes economic growth and creates a desirable lifestyle in which members of the community and live and work. In order to reach these objectives, the EDC must continue to expand its membership to better fund the efforts outlined above. Membership expansion will also attract additional expertise that the EDC can draw from to meet goals. Currently, membership is centered in the Temecula area; further membership from Murrieta and Lake Elsinore will be needed to meet the regional goals that are a pa~ of this organization. This expansion will include civic and trade organizations that also have the common goal of building a strong economic business community. Southwest Riverside County needs the EDC to be the organization that will take a leadership role, with its primary goal to develop quality jobs in the area. Successful facilitation of this plan will ensure that businesses in the area will expand, new businesses will be attracted to the area, and more jobs will be generated. With new jobs created, the over-50% commuter population within Southwest Riverside County may find work in the area. This will produce the perfect balance between an already desirable place to live and a business climate that will support its residents. 3A TEMECULAVALLEY FILM COUNCIL SUPPORT INFORMATION BUSINESS PLAN "The purpose of the Temecula Valley Film Council is to attract and facilita.t.e location production in the Temecula Valley by acting as a halson between the film industry and the community. By actively seeking filming, video production, and still photography, direct economic benefit will be generated to the area through location fees and the purchase of goods, services and labor. Residual tourism benefits will arise from area exposure in film, television and print." The Temecula Valley Film Council is devoted to making Temecula the "not so secret valley" where the future is happening. We are making every effort to tell the wodd that this is a truly viable film and photographic community. The Inland Empire Film Commission has noted a decrease in area service requests by major film companies and is attributing this decrease to the Canadian government's very generous new policies toward film companies filming in Canada. This influence has also been felt in Temecula. We are seeing the production end of the business moving out of Los Angeles and looking for more cost-effective environments, even out of the country. Computerization in the film industry is creating new companies, and technology is allowing them to look for new homes outside the Los Angeles/Hollywood area. Through our presence at trade shows and our year round marketing efforts, we can attract these businesses to our area. We are also putting forth a major effort to attract commercial filming and still photography to the Temecula area. We have been in existence for nine years. Once again, in cooperation with the Arts Council and Arts Fest 2001, we are producing the 12th Annual Talent Showcase and will continue our support of the City of Temecula's Tourism and Marketing programs and the Cultural Arts Plan. As agreed upon in the past, the Temecula Valley Film Council will no longer be responsible for the production of the Temecula Valley International Film Festival, but in a cooperative effort, we are working with Cinema Entertainment Alliance to facilitate the production of the Temecula Valley International Film and Music Festival 2001. Page 2 RECAP of TVFC ACCOMPLISHMENTS FY 2000-2001 TVFC was contacted by Eddie Hunt, who was looking for a warehouse to rent for interior filming. Stacy Sievek met with Mr. Hunt and was able to find a Temecula warehouse. Hunt's movie, "In My Blood" filmed in Temecula for approximately one week Jn February. Estimated spending in the area was $750 to $1000 a day. TVFC received a request for permitting information on night filming on the Overland Bridge. As this is a new venue, we are working with the City's Planning Department to develop new guidelines. 2 one-day shoots for commercials were completed. Both shoots were conducted on private property. Propaganda.films shot 2 days of commercials at Circuit City in the Promenade mall. Still photos of Temecula Valley historical sites were taken during the Temecula Valley Museum docent training tour. As some of the locations are on County property, those photos will be shared with the IEFC for their files. Large home properties were photographed in the DeLuz area for possible exterior locations and sent to the locations scout, Jennifer Scott. Locations scout, Billie Romery, requested an empty/closed automobile dealership for filming. Contacts were made with Paradise Chevrolet, Norm Reeves and Guidant (their parking lot is a closed automobile dealership), Paradise and Norm Reeves were unable to participate due to moving and renovations. Guidant was willing to help and Romery was able to contact them directly. We will follow up on this August filming. Locations were requested for private photo shoots with horses (engagement and wedding pictures.). Local "country" settings and the wineries information were provided Script supervisor and locations manager, Tom Martin, requested photo files of wineries, trees and mountain views. We were able to provide these locations and will follow up. Universal/3~ Line Productions was contacted by the Film Council during their shoot of the film "Redline" on county roads near Hemet and the new reservoir. They were given information about businesses, hotels, and restaurants in Temecula. Due to the filming location, Hemet was chosen for their production headquarters. This filming was supervised by the IEFC. The production company will be returning in late September or October. We have offered our services and will keep in contact. Page 3 RECAP (cont.) · Local filmmaker, Joe Azerelli, will be producing and directing a film in Temecula using a strip mall on Margarita Road. Production should begin in October. TVFC is working with Mr. Azerelli on a continuing basis. This project was extended and filming took place in January. · Representatives of a Texas business firm have shown interest in production in · Temecula:-With the help of the-EDC, we areproviding their representative with current information they have requested. · Interesting rock formations just outside of Temecula were used to film segments of"Sorority Girls Revenge". Ibex Productions filmed in our area for 3 days and stayed in Temecula. Four of the young ladies in the film were originally from the Temecula Valley area. · Ralph Coleman of Miramax Studios requested locations and information on local lakes with buildings near the water, specifically Elsinore and Skinner for filming in December and January, The Film Council was able to provide information and photographs including additional locations of Vail Lake and Lake Village. · Dudng the planning stages and throughout the Film Festival students from Chaparral High School have been filming interviews and production work of the Temecula Valley International Film Festival. They are currently in post- production work on this video film production about the making of a film festival. This is a school project and maybe entered into next year's festival in the Student Film category. Their teacher, Mark Jones, feels that this has been a great experience for the students. · Two filmmakers with entrees in this year's festival, Julie Stemock of Greenstemp Productions and Clifton Huang of Summertime Productions, have scripts they feel can be filmed in Temecula and have asked the Film Council to work with their Artistic Directors to break down the scripts and find possible locations in this area. · The Film Council received 4 telephone leads for unique location sites and we have made appointments to shoot these locations in October and add them to our locations file.. · Representatives of Cyclops Productions in New York requested location photos of Temecula Vineyards. Photos were sent overnight and follow up information was sent by regular mail. Cyclops confirmed that they received the photos. production is currently scheduled for Spring 2001 and no location has been chosen. We will stay in contact with Cyclops Productions. Page4 RECAP (cont.) · Jon Edwards took photographs of children enjoying the Temecula Valley Museum to accompany an article for Westways Magazine. · Locations request received for rolling hills area to land hot air balloons in a wedding scene. Asst. Production Manager, Michael Williams will be in Temecula in January to scout our suggested areas. Shooting would be 2 days with crew of 35 staying in Temecula · Jeannie Novak of indiespace, com, an independent music and film production company, has shown an interest in producing a world music festival in the Temecula area. Work is in progress. · Locations scout, James Woodward, requested current photos of vineyards for filming in the next 2 months. We indicated and he understood that the vineyards are out of season right now. File photos were provided and he indicated they would try again in the spring. Citrus groves were also suggested and photos were sent. · We received a referral from Dan Click of Sunrise Balloons for aerial filming to be done in February or March. We will be working closely to provide all services needed. This will include 2 nights stay for a crew of up to 35. · "Mountain Top" has received a script which is currently being researched for Temecula Valley production locations. TVFC is working closely to provided all the needed resources. · Responding to a City Council Meeting request by Councilman Sam Pratt for help in providing television coverage for Temecula Students of the Month presentations, TVFC contacted Sally Myers for details of their needs. She has provided us with a video copy of what is shown in Murrieta. We are arranging to have the presentations video taped and edited by film students at Chaparral High School We are contacting Adelphia Cable to work out television airing time. __ _The first, taping will be in February-March. · "Mountain Top" has received a script which is currently being researched for -Temecula Valley production locations. Temecula locations were acceptable but too expensive for production. CANADA has made an offer for locations and production crews which is unbeatable in the US. We are still in contact with the production company. · The first taping of the Temecula Students of the Month was done on February 26th. Unfortunately there were camera problems and only half of the tape was usable. The students from Chaparral High School will use this tape to practice editing for next time. The next filming will be on March 26· with the hopes of getting on TV the second week of April... RECAP (cont.) Page 5 · Dick Reed Photography of Phoenix shot film for two days in the Wine Country for Subaru Ads using points of interest in Southern California. Callaway, Wilson Creek and Palomar wineries were used. · Thanks to a referral from the Chamber of Commerce, TVFC coordinated with GPI Corporation from Toronto as they filmed in Hart Winery, the wine country and Old --Town: Wewere-able to arrange-for-the GPI film crew tomeetwith Councilman Jeff Stone for an on camera interview about what makes Temecula a great tourist destination. This film will be shown as part of GPI's television show "Distant Roads" which is directed at RV travelers and will be shown on the KPXN (PAX) cable network. Thank you to Councilman Stone who made an excellent presentation as usual. MARKETING Support production of the Seventh Annual Temecula Valley International Film Festival. Temecula Valley Film Council website (opened in September 2000) maintenance and linkage to local, state, national and international location film libraries and users. Trade Show and Film Festival attendance and participation. Show Biz Expo (Temecula Booth), AFCI-Locations 2000 & 2001 (Temecula booth), Palm Springs Film Festival, Hollywood Film Festival and any other geographically suitable expos or festivals. Participation and membership in the Association of Film Commissioners International. "Develop public awareness/ Encourage Temecula Valley community involvement in both Film Council promotions and Film Festival attendance through seminars, press releases and a speakers bureau. Page 6 OUTREACH At *Annual Regional GREAT TEMECULA SHOOTOUT (February 2001) In cooperation with local photography clubs and classes and with local sponsorship, our intent is to encourage location still photography in the Temecula ama through distribution.of disposable cameras to the public. TVFC will develop the film, pick appropriate photographs and produce a series of local POSTCARDS and a CALENDAR called "Temecula Through Our Eyes ". The postcards will be used for monthly contacts to film and photo production companies and the calendars will be sent toward the end of the year. Both items will be made available to retail businesses in Temecula, as there are virtually no current photos available for tourists. More photographs will be exhibited to the public, participants will be given title credit when their pictures are used, and this will enlarge and replenish the Film Council's locations photo library (negatives and images become the property of the Film Council). Production of Talent Showcases 2001 and 2002 in cooperation with the Arts Council and Ads Festival. Expanded Temecula area FAM tours in cooperation with the Inland Empire Film Commission and Tourism Council. Location scouts, producers, directors, cinematographers, writers, magazine editors and photographers and supporting staff will be taken on tours to explore the Temecula area and possible location sites for _film, television and commercial productions. Encourage film industry related businesses in the Temecula Valley in cooperation with the EDC and the City. Sponsor educational workshops about industry related issues. "What do I do when a film company wants to use my property?" "1 want to make a movie. Now what should I do?" What is a Film Festival and why should I care?" Page 7 OPERATIONS Expand and maintain Locations Photo Library. Increase still photo and video library and expand to include digital library. Update and maintain the Film Production Guide. This-is-an on going-project to-include all current businesses. Increase public awareness and support of the Film Council. Press releases, promotions and educational materials will be distributed through newspapers, magazines, trade journals, radio, cable TV and the Intemet. Develop committees and volunteer groups for year round activities and festival support. Publicize the Temecula area within the context of filmmaking activities and the opportunities and benefits presented to local merchants, businesses and local media support services through the production of a newsletter. Continue cooperation with the Arts Council and establish the role of the Film Council in Temecula's Cultural Arts Plan. Daily management of filmmakers' requests, and production and support service information to the industry. Ongoing education for local merchants of filmmaking opportunities. Promote relocation of film crews and film companies to the area to generate film activity and new jobs. GOALS Generate higher awareness of the Temecula area by targeting production companies through professional mailing materials, attendance at trade shows and film festivals, participation in industry organizations. Due to Canadian influences to the film industry, possible strikes, and physical changes in Temecula, there will be a new and very evident change in the focus of our efforts toward commercial and still photo production. We have and are finding greater success in these areas. Page 8 GOALS (cont.) 2. Support production of the annual Film Festival, Generate operating income through fund raising events such as the Talent Showcase, "Groat Temecula Shootout' postcards and calendars, ad sales in the Production Guide and community support. 4. Design and implement tracking systems for production in this aroa. With our recognized presence in the extremely competitive market of film production and the expanding numbers of film commissions world wide, the Temecula Valley Film Council has dedicated itself to the continuation of a high level of professionalism in providing its services to the Temecula aroa. GOALS AND OBJECTIVES · Maintain at least a pad-time Program Coordinator to manage the Temecula Valley FilmCouncil,which will provide a focal pointfor film related activities. · Respond to location requests from production companies and/or the Inland Empire Film Commission · Assist with location scouting when requested by the Production Company and/or the Inland Empire Film Commission. · Maintain a location library (including digital files); provide location images to the industry upon request, including Email requests. · Update and maintain, on an on going, basis the Temecula Valley Film Production Guide. · Market the Temecula Valley at industry trade shows including Temecula organizations such as the hotels/resorts, Film Festival and Chamber of Commerce/Tourism representatives. · Maintain the web site for the Film Council and establish important internet links. · Actively support the efforts of the organizers of the 2001 Temecula Valley International Film and Music Festival. These efforts will include but are not limited to the use of volunteers and providing speakers on behalf of the Film Festival for community organizations and groups within the Temecula Valley. · Encourage the establishment of film related businesses in Temecula. · Develop a core of film industry related production companies in the Temecula Valley area for referral and as examples of successful local industry business (EDC). · Host a series of educational seminars for the purpose of educating the community to the benefits of film production, how to become involved in the industry tocally, career opportunities, etc. FILMING IN TEMECULA... As the film liaison for the City of Temecula, the Temecula Valley Film Council offers free, dependable liaison and location services to filmmakers. There is no permit fee charged for filming in Temecula. The issuance of a Film in Permit however, is required. All permits for use of all our city and local county property, hiring of off-duty personnel and rental of city and county equipment are coordinated through this office. Locations usually require a 48-hour notice. Surrounding cities and unincorporated areas within the Temecula Valley have separate requirements, as do county roads, state highways and facilities. A certificate of insurance with a minimum orS1 Million of coverage is required. Proofoflnsurance fir property damage is also required for use of public and private property. The City of Temecula must be named as the primary insured or the additional insured. The Film Council will assist you schedule police, sheriff, highway patrol or fire personnel when needed. A 48-hour notice is required in order to guarantee available personnel. All merchants or residents who will be affected are to be contacted by the production company at least a week in advance, preferably in person, and given a written memo on the details of the production with the contact names and phone numbers. In the State of California, all' minors (under 18 yrs. of age) must have a work permit and minors under the age of 16 must have a studio teacher on the set. When filming on public property, a comprehensive shooting and location schedule and a list of contacts, in case of emergencies or conflicts, must be submitted to the Film Council. The shooting schedule must include the list of locations, times, and frequency of use, the activity taking place on the property and any anticipated public impact. Reasonable advance notice must be given when changing the shoot schedule on public property. If your production includes credits, a "Thank you to the Temecula Valley Film Council" is requested. 2002 OPERATIONAL BUDGET REVENUE City of Temecula* Fundraising (estimated) $27,000.00 650.00 TOTAL REVENUE $ 27,650.00 EXPENDITURES Direct Operating Expense Personnel Services (PT 20 hrs a week) Internet/Website* Consulting Fees Insurance Office Supplies Telephone/Fax Postage* Printing/copying* (Postcards/Newsletters) Office Rent $ 9000.00 $750.00 none $1300.00 $1200.00 $1000.00 $1000.00 $2500.00 free Total Direct Operating Expense $16,750.00 Direct Program Expense Trade Shows** ( 2 shows Temecula only) Membership/Dues FAM Tours/Scouting Production Guide* $6000.00 $ 600.00 $1300.00 $3000.00 Total Program Expense $10,900.00 Total Film Council Expenses $27,650.00 *Reduced from 2000-2001 request. **Notably increased from 2000-2001 request to allow Temecula only booths at 2 trade shows. Locations Expo costs were much greater than expected. Temecula only booths allowed much greater representation and also resort, winery and Chamber involvement in promoting the Temecula Valley. 2000 - 2001 Financial Statement Budget 2000-2001 Actual 2000-200t Revenue City of Temecula 29,000 29,000 Fundraising Unknown Unknown TOTAL Revenue 29,000 29,000 Expenditures Direct Operating Expense Personnel 8400 8400 (20 hrs a week) Internet/Web Site 1200 1260 Insurance 1200 2460 Office Supplies 1200 1175 Telephone 1000 1100 Postage 1500 750 Printing/Copying 5000 2500 TOTAL Operating Expense 19,500 17,645 Direct Program Expense Trade Shows 3000 5550 Memberships/Dues 500 700 Tours/Scouting/Promo 1000 1253 Production Guide 5000 2802 TOTAL Program Expense 9,500 10,305 TOTAL Expenses 29,000 27,950 3B TEMECULA VALLEY FILM COUNCIL OPERATING AGREEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY FILM COUNCIL This Agreement, made in triplicate, this 24th day of July, 2001, by and between the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the TEMECULA VALLEY FILM COUNCIL, a California nonprofit corporation (hereinafter referred to as "TVFC') with reference to the following facts which are acknowledged by each party as true and correct: 1. Recitals. The Parties hereto agree that this Agreement is entered into with respect to the following facts, which are acknowledged by each party as true and correct. A. The City is desirous of promoting its advantages as a desirable, cooperative, efficient and multi-faceted location destination for the film, television and advertising industry and disseminating information relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, and business interests. B. The TVFC has special knowledge, experience and facilities for disseminating information; and is organized for and equipped to carry on promotional activities on behalf of the City; and to publicize and exploit its advantages. C. Such activities are recognized by law as being in the public interest and servicing a public purpose. 2. Responsibilities of TVFC. TVFC shall undertake, dudng the 2001-02 fiscal year, to carry on promotional activities on behalf of the City; and to particularly render the following services. A. MARKETING 1. Support production of the Seventh Annual Temecula Valley International Film & Music Festival. 2. TVFC website maintenance and linkage to local, state, national and international location film libraries and users. 3. Trade Show and Film Festival attendance: Show Biz Expo (Temecula booth), AFCI-Locations 2001 (Temecula booth), Palm Spdngs Film Festival, Hollywood Film Festival and any other geographically suitable expos or festivals. 4. Participation and membership in the Association of Film Commissioners International. 5. Develop public awareness. Encourage Temecula Valley community involvement in both Film Council promotions and Film Festival attendance through press releases and a speaker's bureau. B. OUTREACH: 1. Annual Regional Great Temecula Shootout In cooperation with local photography clubs and classes and with local sponsorship, IEFC's intent is to encourage location still photography in the Temecula area, exhibit to the public, reward the participants and replenish the IEFC's locations photo library. 2. Production of Talent Showcases '01 and '02 in cooperation with the Arts Council and Arts Festival. Empire Film Commission. Expand Temecula area FAM tours in cooperation with the Inland 4. Encourage film industry related businesses in the Temecula Valley in cooperation with the EDCSWRC and the City. 5. Sponsor educational workshops about industry related issues. Possible topics include: '~Nhat do I do when a film company wants to use my property?" '1 want to make a movie. Now what should I do?" '~/Vhat is a Film Festival and why should I care?" C. OPERATIONS: 1. Update and maintain Film Production Guide 2. Expand and maintain Locations Photo Library Increase still photo and video library and expand to include digital library. 3. Increase public awareness and support of the Film Council. Press releases, promotions and educational materials will be distributed through newspapers, magazines, trade journals, radio and cable TV and the intemet. and festival support. Develop committees and volunteer groups for year round activities 5. Publicize the Temecula area within the context of filmmaking activities and the opportunities and benefits presented to local merchants, businesses and local media support services through the production of a newsletter. Continue cooperation with the Arts Council and establish the role of the Film Council in Temecula's Cultural Arts Plan. 6. Daily management of filmmakers' requests, and production and support service information to the industry. Ongoing education for local merchants of filmmaking opportunities. 7. Promote relocation of film crews and film companies to the area to generate film activity and new jobs. 3. Payment to TVFC. A. In consideration of the services to be performed by the TVFC for the CITY, as set forth in paragraph 2 hereof, the CITY hereby agrees to allocate $27,000 to fund the TVFC, which will be dispersed for the fiscal year of 2001-2002, payable on execution of this Agreement. B. In the event the City should desire any additional service, TVFC shall, upon request of the City, furnish a proposal including, an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal, or may reject the proposal in its entirety at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof, by TVFC and the City, as herein provided, City will pay to TVFC the cost thereof, and TVFC shall perform the services set forth in the proposal. All money due for carrying out said plan or proposal shall be supported by a detailed statement of TVFC showing the basis of said claims, and certified by proper officers of TVFC. TVFC shall not be entitled to receive any compensation for its services or usual expenses except by this agreement. 4. Monthly Report. The Executive Director of the TVFC shall prepare and submit to the City Manager and Assistant City Manager a monthly wdtten report specifying the activities of the TVFC, Said report will include but is not limited to contacts made upcoming events and current TVFC activities. The report shall be submitted by the second Fdday of each month. 5. Indemnification. TVFC agrees that it will defend, indemnify, protect and hold the City and its elected officials, officers, agents and employees free and harmless from all claims for damage to persons or property by reason of TVFC's acts or omissions of those of TVFC's employees, officers, agents or invites in connection with their services rendered hereunder to the maximum extent allowed by law. 6. Insurance. TVFC shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive automobile and workers; compensation and employees' Liability Insurance in which the City is the named insured or is named as an additional insured with the TVFC and shall furnish a Certificate of Liability Insurance to the City Manager before execution of this Agreement by the Agency. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: A. Include the City of Temecula, its elected officials, officers, agents and employees as the insurers or named as additional insurers covedng the services to be performed under this Agreement against all claims adsing out of, or in connection with, this Agreement. B. Provide the following minimum limits: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of Califomia and Employers' Liability limits of $1,000,000 per accident. R:\Wolnickg~S pon~ ored Event skFilm Council Agreement 200l.doc 2 C. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, agents and employees for losses adsing from work performed by the TVFC for the City. D. Bear and endorsement or shall have attached adder whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever the City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before date of expiration of cancellation is effective. E. Any deductible or self-insured retention must be declared to and approved by the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects to the City, its officers, officials, agents and employees; or the City shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. 7. Attorney's Fees. Should any litigation be commenced between the parties hereto concerning the provision of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. 8. Term. This Agreement shall be effective for the fiscal year commending July 1, 2001, and terminating June 30, 2002. 9. This Agreement may be terminated by either party upon thirty (30) days written notice and if terminated, TVFC shall pay to the City that portion of the fee, which has not actually been expended on the work described in Attachment 3. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first wdtten above. TEMECULA VALLEY FILM COUNCIL CITY OFTEMECULA Maggie Allen, Executive Director Temecula Valley Film Council 27740 Jefferson Ave., Suite 100 Temecula, CA 92590 Jeff Comerchero, Mayor ATTEST: Susan Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 4A INLAND EMPIRE ECONOMIC PARTNERSHIP SUPPORT INFORMATION The Numbers Are in] ... The Inland Empire Economic Partnership (IEEP) accounted for 87 leads and 1,625 inquiries which were pursued by the Business Development staff ... of which the estimated economic impact (with- out multipliers) is $123.9 million to our regional economy ... The staff also hosted 12 site tours of the region's industrial and commer- cial properties _. The Inland Empire Film Commission (IEFC) regis- tered 2,479 total days of film activity and 2,380 requests for loca- tions, with 115 permits issued in San Bernardino County, 63 issued in Riverside County, 158 issued for the Bureau of Land Management (BLM), and 2 for the U.S. Forest Service for an economic impact of $81.1 million ... The Inland Empire Small Business Development Center (IESBDC) reported the creation of 197 jobs and the retention of 129, for an economic impact of $19.4 million ... and its staff coun- seled 2,223 clients for 10,357 client hours, and conducted 132 training events for some 2,255 attendees, setting an all-time record. In recent years, the Inland Empire has become known as one of America's "fastest growing" regions based on significant increases in population, personal income, and real estate con- sumption. Today, at the start of the 21st Century, we can assert with pride that our region has earned yet another title, as the "Job Creation Leader" in the entire state of California. Last year we saw our region eclipse the "One Million Job" plateau, while a changing eco- nomic landscape continues to emerge and offer new challenges in areas such as high tech- nology, sustainable growth, and workforce development. IEEP anticipated these challenges and some time ago instituted programs to address them. Growth and change will no doubt continue to advance in every direction. As you know, the Inland Empire Economic Partnership (IEEP) brings together leaders from our region's business community, our cities, counties and educational institutions. Future prosperity is dependant upon our determination to foster a regionally competitive business climate, while maintaining the quality of life that we so much enjoy. We are proud of our accomplishments, and know that it has been possible only through your commitment and involvement. Together, we will make 2001 another banner year for Southern California's Inland Empire. Sincerely, Robert Robie 2000 IEEP Chairman Arnold Dickson 2001 IEEP Chairman Teri Ooms President & CEO, IEEP Inland Empire Economic Partnership Annual Report 2000 · Southern California's inland Empire, the region we call 'home,' continues to grow and improve, and is today one of the fastest-growing metropolitan areas in the country. It is California's leader in business development and job growth, and has outpaced every other region in the state, accounting for 275,900, or forty percent of California's new jobs during the last 10 years. This economic expansion of the region has been illustrated by a dynamic increase in population and personal income. The region's population, greater than that of 20 states, increased from 1.6 million in 1980 to 3.2 million in 2000, with another million expected by 2010. Total personal income has risen from $16.1 billion in 1980 to $66.4 billion in 1998, a figure greater than that of 18 states. The year 2000 also saw the Inland Empire surpass the "one million employee" milestone! Much of this economic growth has been augmented by the business development and marketing efforts of the Inland Empire Economic Pa~nership (IEEP), the region's only private, non-profit economic development organization. Our mission is to attract, create, incubate and retain business in order to increase the economic vitality and growth of the area, thus enhancing quality of life for all. The IEEP came into existence in 1993 as a result of a merger. Riverside County's economic development program, known as 'Keep Riverside Ahead', joined efforts with the San Bernardino County-based 'Inland Empire Economic Council' to form today's IEEP, -- an eco- nomic development company serving the entire 27,000 square mile region. The 180 public and private sector entities that constitute the membership of IEEP are united as a regional partnership, advancing goals and objectives that benefit the entire two-county region in areas such as business, government and education. IEEP's efforts to attract new businesses are grounded in the many attributes our region offers: Available land; Affordable Real Estate; Immediate access to the Pacific Rim, Asia, and Latin America; Favorable lease and operating costs; A sophisticated transportation infra- structure of air, road and rail transport; and some 27 colleges and universities (including seven research institutions) that produce a highly-skilled and educated work force. In the arena of business development, tEEP provides numerous services to both businesses and site selectors in the form of cost benefit analysis, economic indicators, site tours, competitor analysis, and relocation assistance plans. From initial contact through final move-in, IEEP professionals provide customized assistance to clients throughout the country who are considering the Inland Empire as the next step in their business success. January 2000 ,A,.nnual Inst,,allation event lea Star Wars theme tures NAF'fA Corridor Conference in Ontario Fishing Derby at Chino's Prado Dam Grant I~eceived from ARCO Foundation MO&M trade show in Anaheim inland Empire Economic Partnership Annual Report 2000 Our Ret]ion ,,. Our Partnership The Inland Empire has appropriately been referred to as "The Location for Innovation." The region that produced California's first hydroelectric plant in the San Bernardino Mountains in 1887 is today developing tech parks that will lead the region into the digital age. The rugged horse trails of the early 1800's have evolved into a complex transportation infrastructure of railways, freeways, airports, and cross-docking facilities, serving a vital role in domestic and international trade. The former Air Force bases that once trained our military have been converted to ports of business and commerce· The economy of the Inland Empire is undergoing a significant transformation within today's · changing economic landscape. Once dependant upon agriculture, national defense and heavy industry, the region's economy will soon be driven by telecommunications, internet engineering, biotechnology, advanced multimedia, and other forms of new technology. The emergence of high technology is illustrated by many area successes. These include: Environmental Systems Research Institute (ESRI), a Redlands company that is a global leader in geographic information systems; Optivus Technology of San Bernardino, which is marketing the world's only proton therapy particle accelerator (designed in conjunction with Loma Linda University Medical Center) for non-invasive cancer treatment; International Rectifier, a Temecula operation that designs and produces computer chips; I/O Software, a Riverside company that has developed recognition software for the next generation of computer ~;e,~/~,~z,)z~.~/ security systems; and Watson Pharmaceuticals, headquartered in ' ~~ '~,~ _'- '· ! Corona, which manufactures generic drugs and works closely with the ~~-~'~ -~ ~, faculty at UC Riverside· Among the panelists at the NAFTA Conference were (from left) Mexican Consul Juan Salgado, economist John Husing, Ph.D., and University of Redlands professor James Pick, Ph.D. While the IEEP's primary objective is business development, it is today managing other economy-enhancing activities such as education and workforce development (IEEIC), small business development (IESBDC), regional tourism, and the region's film commission (IEFC). The IEEP also takes positions on legislation and issues affecting the region, ranging from the preparation of our students for the digital economy, to transportation and international trade. Propositions 35 and 39 were among the measures supported by the IEEP Government Affairs Committee in 2000, and both were successful on the November ballot. Prop 35 authorizes the use of private sector engineers and architects on highway and rail transit projects, while the latter establishes a 55 percent voter approval for school construction bonds in the state. A conference on the NAFTA Corridor, co-sponsored by lEER examined the future of commerce between Mexico and the United States, and how it will affect the Inland Empire region. The ua 2000 t~ebr ~. o~source Center opens m Sen cARE Business ,,~ March 2000 Bernardino lEE? Sate ite Office Opens in lemecola W[5I[C Trade Show in NEPCON West trade show ~n Anaheim Los Angeles ions 2000 Global Expo in Los AngeleS Fishing Derby at Lake Locat. - cheon ~eatures Or. ?am Clute Gregory ,mbersh~p con ~eu Cp, on ~Educati°n~ 2 Inland Empire Economic Partnership Annual Report 2000 "NAFTA Corridor -- Building the Vision" conference featured experts and panel groups that addressed issues ranging from economic development and telecommunications to air quality and freeway maintenance. Panelists included representatives from SANBAG, the state Legislature, local universities, private business and the California Department of Transportation. The IEEP industry Breakfast Series made its debut in 2000. IEEP members, grouped by related industries, exchanged information on the challenges and advantages of doing business in the region. The meetings were instrumental in identifying issues that have been addressed in IEEP's strategic efforts for business attraction and retention. A pit row Terrace Suite at the California Speedway in Fontana proved to be a successful tool for membership development efforts during the NASCAR races in April, thanks to the Speedway administration. Potential clients were introduced to the bene- fits of membership while enjoying a spectacular view of the event. IEEP members participated in a Civic Entrepreneur Workshop in June, sponsored by Collaborative Economics and the lEER Participants discussed how they envisioned the region in twenty years, and a post-event survey found that emerging concerns included transportation, education, and economic development, while the greatest assets of the region appeared to be safety, health, and higher education. These priorities fit into the definition of "sustainability" -- an approach that balances the concerns for the economy, the environment, and social equity. The dialogue will provide the basis for a regional planning effort to coordinate, preserve, and enhance the area's many assets· IEEP Community Partners (from left) Bill Martinez of Creative Underground, Dolores Armstead of San Bernardino County, and Patricia Oakes-Melvin of Valley Economic Development Partnership (VEDC) par- ticipate in the Civic Entrepreneur Workshop. The IEEP Foundation presented the third annual Golf Classic in May at the Sierra Lakes Golf Club, a newly-opened, 18-hole, par 72 championship course in Fontana. Presented by Talbot insurance and Financial Service, the event garnered $10,000 for the non-profit IEEP Foundation, which relies on fundraising and special events to support the work of the lEER As a non-profit corporation representing the voice of economic development in Southern California's Inland Empire, the IEEP serves as a clearing house for regional economic thinking, networking and action· With the unified effort of our public and private sector members, the IEEP will continue to work on all fronts to ensure regional prosperity in the 21st Century. April 2000 Fishing Derby at Lake Silve~wood LeCture by Steven teV~, Ph.D., on GroWth & Land Use Site Se~eCtOTS hosted at California May 2000 Fabulous Fairs & Festivals of the Inland Empire event Annual IEEP Foundation Go f Classic at Sierra Lakes Golf Cub IESBDc is honored at SBA Awards Speedway Luncheon in Orange · eon [esen~ embe~sh~p LunCh P sses" Members · M ~ ~,~, "Business Succe ~z.~ h~P.Luncheon on Inland Empire Economic Partnership Annual Report 2000 Business Attractions, Expansions, Relocations Flavio Nunez and Linda Thompson of: Rancho Cucamonga were among the Community Partners who assisted at trade shows. · The Inland Empire Economic Partnership (JEEP) is committed to business attraction, expansion, relocation and incubation. Successful business attraction efforts by IEEP in the year 2000 resulted in several significant corporate relocations to the region. Among these are Nationwide Credit, Inc., a leader in accounts receivable management, which opened its new 50,000 sq. ft. Riverside facility, and Home Shopping Network (HSN) which anticipates opening its newly constructed 817,750 sq. ft. regional distribution center in Fontana within months. Ashley Furniture, the country's fifth largest furniture manu- facturer, is building a 831,000 sq. ft. distribution and manufacturing center in Cotton, projected for completion in May. Its $30 million capital investment will also include construction of an adjacent 70,000 sq. ft. retail facility. The IEEP Technology Coalition Roundtable engaged in successful retention efforts to ensure that Highland-based technolo§y company OmniVision maintained its operation in the Inland Empire. Similar retention efforts had a positive outcome with HD Plastics of Ontario, STC Plastics of Chino, American Maid of Corona, and EGR, an Australian-based manufacturer of automotive parts located in Ontario. The California Trade & Commerce Agency, Southern California Edison (SCE), San Bernardino County Jobs & Employment Services, the Small Business Development Center (IESBDC) and local cities such as Ontario, Riverside and Chino also participated in these successful retention efforts. Marketing Efforts... · Regional, national and international marketing efforts were utilized to create an awareness of Southern California's Inland Empire. IEEP's annual marketing campaign included print advertising, trade shows, an internet web site, a Fact Book and CD-ROM, and the Inland Empire Review which is sent by direct mail to national and international site selectors and corporate real estate professionals. Community Partners and IEEP staff participated in a trade show circuit that included the MD&M, NEPCON, WESTEC, High Desert Opportunity and WESCON events in Anaheim and Los Angeles. JEEP staff attended several symposiums, which attract real estate professionals from around the globe, and engaged in trade missions to Germany and the United Kingdom. . ~ Show OiamO , ~t ~'~ KVCR.~,. . Ontario ~e u0ng ,uncheon in~emecu'a ]t~:~:: p~_ ~ oeglns airing 0f 'lEc*~ ~ Venture forum u , ~ l~,~, a~ner lot Success" ~uc~ Your II c~i. ~ntrepreneUr Wor~Su°P _ I'~::~:~''SUStainable Co ..... ~ 1 ..... · - award at EADL ~'~; t announce ...... uu~ SU~ey resul 4 Inland Empire Economic Partnership Annual Report 2000 The business television program "Endeavors," dedicated to regional business development, aired two segments on local PBS station KVCR. IE£P's Fact Book received a 'Best of Class' award in the international marketing competition sponsored by the American Economic Development Council (AEDC) at its 75th annual conference in Dallas. Forbes Magazine will again highlight the merits of our region in a special advertising section scheduled to appear in the May 28, 2001 issue of Forbes and Forbes Global. The Forbes Investment Forum Breakfast & "Kickoff Event" in October garnered considerable attention from the news media, and encouraged area businesses and institutions to consider sponsorship in the supplement which will reach 5 million readers around the globe. Forbes Chairman Caspar Weinberger, former U,S. defense secretary, was the featured speaker at this successful event. Forbes Magazine Chairman Caspar Weinberger, guest speaker at the "Kickoff Breakfast," is joined by IEEP vice presidents Rhonda Whittaker (left), Dianna Skeens, and Sarah Miggins. [] The new economy of the Inland Empire is illustrated by the emergence of technology-based companies throughout the region. The newly developed Inland Empire High Technology Committee (IEHTC) has designated funding that will allow IEEP staff to improve the awareness of technology-related programs and initiatives in the Inland Empire. High Technology Growth... A trade show attendee tdes his putting skills at the IEEP booth, as Moreno Valley3 Jerry Conley looks on. IEEP will also continue its work with IEHTC to manage several strategies designed to strengthen communication between research universities and service providers in tt~e region. The project's objectives are to strengthen infrastructure and stimulate the attraction, growth and retention of technology clusters in the region. IEEP is also studying over 1,200 global companies in an effort to attract them to the region. Diamond Valley ~ese~oir~ Inland Empire Economic Partnership Annual Report 2000 5 Small Business Development... · An important component of a region's economic vitality is the cultivation of small business, and the Inland Empire Small Business Development Center (IESBDC) offers confidential one-on- one guidance and expertise in business planning, expansion strategies, marketing, and loan assistance to area residents. In 2000, the iESBDC broadened both its scope and its horizons! WF. LCOME 1'0 THE I ' LAND EMPIRE DiA/V?v i:; VENTURE FORUI Finalists of the IESBDC's annual Diamond Venture Forum made presenta- tions to 25 investors at Riverside's Mission Inn. The IESBDC established a full-time office and special technical assistance program in Riverside County's Desert Communities Empowerment Zone, and is preparing to open its fifth full-time office which will serve Ontario, Chino, Rancho Cucamonga, Upland, Montclair and Chino Hills. It also established the CARE Business Resource Center in San Bernardino, which serves as a resource location center for area small business owners and entrepreneurs. The debut of the Diamond Venture Forum luncheon programs was met with great enthusiasm. The June event, coined "The Gong Show," was held in Temecula, while the ,!uly event, "Who Wants to Fund a Future Millionaire," was held in Ontario. High tech companies from the region presented their business plans to a panel of venture capitalists and angel investors. The culmination of these events was the annual Diamond Venture Forum, held in October at Riverside's Mission Inn, where nine companies made presentations to some 25 investors. The premier of "Inland Empire SBDC, Your Partner for Success," began airing on KVCR local public television in July. The program continues to air throughout the region. Mike Stull, IESBDC director, was recognized by the Association of Small Business Development Centers (ASBDC) as California's "Star Performer" at their 20th anniversary celebration. Developing Tomorrow's Workforce ... · The inland Empire Economic Investment Collaborative (IEEIC) brings together leaders from business and education, and is committed to preparing students for the new economy. The iEEIC is a program that was conceived and created by Riverside Community College, Riverside County Economic Development Agency, Riverside County Department of Public Social Services, Riverside County Superintendent of Schools, San Bernardino County Jobs and Employment Services, and the San Bernardino County Superintendent of Schools. The IEEIC awarded $129,958 in grants to eight school districts in 2000 for programs that link education with 6 Inland Empire Economic Partnership Annual Report 2000 business, provide professional development, and introduce industry skill standards for future curriculum development. School districts receiving grants were Palm Springs Unified, Jurupa Unified, and Desert Sands Unified, in Riverside County, along with Apple Valley, Ontario-Montclair Unified, Victor Elementary Unified, and Hesperia Unified, in San Bernardino County. IEEIC's Staff Development Institute provided training in the amount of $24,000 to professionals working in education, economic and workforce development. "CallPoint," a one-stop service that helps local businesses find and train qualified employees, was also initiated in 2000. The new system simplifies the maze of current programs into a comprehensive, aligned system of services, and is co-sponsored by regional educational, employment, and economic development agencies. The CallPoint system can be activated by calling 1-800-941-8222. Representing school districts receiving Workforce Development grants from the IEEIC, with Program Manager Janice Moore (from left), are Ron William of SBCSS, DE Gall Zwart of RCC, Marc Christiansen of Riverside County EDA, and Ken Schmidt of RCOE. · The Inland Empire's diverse natural settings provide a multitude of unique film locations that have depicted everything from the Swiss Alps to the Sahara Desert in Hollywood features. Our region hosts more entertainment productions than any two-county region in the state except for Los Angeles and Ventura counties, producing an economic impact of $80 million peryea~ Film Entertainment Production,,. The Inland Empire Film Commission (IEFC) processes film and production permits for filming, television, commercials and music videos, and last year acquired responsibility for the County of Riverside, the Palm Springs Desert Resort Convention and Visitors Authority, the U.S. Forest Service and the Bureau of Land Management (BLM). Secretar~ of the Interior Bruce Babbitt named IEFC Director Sheri Davis to the BLM California Desert District Advisory Council, which represents over 10 million acres of public land. The IEFC participated in the Locations 2000 Global Expo in March, and The Film Commission the ShowBiz Expo 2000 in June. The IEFC hosted "Bearfest," the inaugural Big Bear Lake promoted the area's diverse sub regions with International Film Festival in September, where it presented the "Digital Bear~est" workshop, this unique airport set at The Film Commission also presented the annual "California On Location" Awards at the the Show Biz Expo 2000. November 2000 ~ ~r 2000 Long Beach .... e-tion at Mission ~nn / / ~ ~111~"~7~' 'ac / IEEP Annual Legislative .e~ v * Workshop on "~ax Exempt Bond ~ ~ ~ Inland Empire Economic Partnership Annual Report 2000 7 IE£C Director Sheri Davis was honored at the "California On Locations Awards." With her are staff members Rajan Shandil (left) and Scott McNauL Regional Tourism ... Queen Mary in Long Beach. The event recognizes the state's top film location professionals and production companies, and reinforced the theme of retaining film production in the state of California. Feature films produced in the Inland Empire, such as "Play it to the Bone," Space Cowboys," "Magnolia," "Dinosaur," and "Erin Brockovich" were among the movies that premiered to national audiences. Over 1073 productions for TV, movie, video and print were filmed and/or photographed in the region last year, for a total economic impact in excess of $55 million to the local economy (in spite of a six month SAG strike that deterred commercial production.) 2000 · As a component of the lEER the Inland Empire Tourism Council (IETC) carries out its mission of promoting regional tourism, which represents in excess of $5 billion annually to the region. The Inland Empire State Fair exhibit earned two Gold Medal Awards at the 147th annual California State Fair in Sacramento! The joint exhibit, developed by the IETC, featured natural resources and recreational activities of the Inland Empire North, Low Desert, Valley and Mountain sub-regions of the Inland Empire. As part of National Tourism Week, the IETC sponsored "The Fabulous Fairs & Festivals of the Inland Empire," which highlighted annual events such as the Riverside County Fair and National Date Festival, the Temecula Balloon & Wine Festival, the Route 66 Rendezvous, and the Renaissance Pleasure Faire. It sponsored tours of the region for travel writers, as well as fishing derbies in area lakes. The IETC also participated in the LA Times and Orange County Register travel shows, and produced a regional visitor's guide. Welcome New Members ... · IEEP Membership Development welcomed many new Partners during 2000! Congratulations to California Capital, Diversified Pacific, Salomon Smith Barney; UPS; Brickley Environmental Remediation, Native Building Corp., Citrus Medical Group, Inc., J.R. Freeman Co.; Troy Clarke Media; Creative Underground; PE.net; Redlands Centennial Bank; Rose Institute of State & Local Government; Independent Colleges of Southern California (ICSC), California Steel; California Private Transportation Co. (91 Express Lanes); Empire Expansion Management; URS Corp.; Apple One Employment Services; Southern California Housing Development Corp., San Bernardino International Airport & Trade Center; SYNAGRO; Uber Advertising & Public Relations; Paperless Access, Inc.; GYL Decauwer CPA's; and Southern California Logistics Airport. Membership Development also published a new IEEP 2000-2001 ;Membership Directory & Resource Guide featuring more categories and a user-friendly design that promotes member- to-member business transactions. When searching for business contacts to maintain your company's competitive edge, make the guide your first source of information! 8 Inland Empire Economic Partnership Annual Report 2000 2000 Activity Report · Companies that relocated to the Inland Empire: Home Shopping Network Ashley Furniture Nationwide Credit TRM Manufacturing Astro Fab Phillips Lighting Company Relocation / Expansion Assists: The Scotts Company The Attek Group Tellus Technologies Swiftcom Companies retained in the Inland Empire: AMA Plastics STC Plastics EGR HD Plastics Omnivision Ticomp American Maid Summary: Financial impact: $123,987,015 Jobs Created: 1,520 Jobs Retained: 595 Inland Empire Economic Partnership, Inc. ASSES Feature Film Activity · (Partial List for 2000) CHARLIE'S ANGELS Columbia Pictures Starring Drew Barrymore, Cameron Diaz, Lucy Liu, Bill Murray, Sam Rockwell, Crispin Glover, Tim Curry & Kelly Lynch. Filmed in Fontana BLOW New Line Cinema Starring Johnny Depp, Penelope Cruz, Jordi Molla & Franka Pontente Filmed in Ontario DR. T & THE WOMEN Artisan Entertainment Starring Richard Gere, Helen Hunt, Farah Fawcett, Laura Dern, Shelley Long, Tara Reid, Kate Hudson & Liv Tyler Filmed on Silurian Dry Lake, Baker area THE KID Chester Films Starring Bruce Willis, Spencer Breslin, Emily Mortimer & Lily Tomlin Filmed in Coachella Valley THIRTEEN DAYS Mutually Assured Productions Starring Bruce Greenwood, Steven Culp Filmed in Victorville THE FAST AND THE FURIOUS Third Time Productions/Universal Starring Vin Diesel, Paul Walker, Rick Yune & Jordana Brewster Filmed in Riverside County, San Bernardino RAT RACE Paramount Pictures Starring Brecklin Meyer, Amy Smart, Whoopi Goldberg, Vince Vieluf, Seth Green, Cuba Gooding, Jr. & Jon Lovitz Filmed in Death Valley area; El Mirage DR. DOOLII-FLE II 20th Century Fox Starring Eddie Murphy; Filmed in Big Bear JURASSIC PARK III Universal Pictures Starring Sam Neill, William Macy, Laura Dem Filmed in El Mirage PLANET OF THE APES 20th Century Fox Starring Mark Wahlberg, Kris Kristofferson, George Clooney, Tim Roth, Helena Bonham Carter & Michael Clark Duncan Filmed in Trona Inland Empire Economic Partnership Annual Report 2000 9 IEEP Officers, ]anuary 2001 Chairman: Arnold Dickson, The Gas Company First Vice Chairman: George Reyes, Best Best & Krieger LLP Second Vice Chair & Treasurer: Mark Ostoich, Gresham, Savage, Nolan & Tilden Secretary: Russ Moore, Community Bank Assistant Secretary: Marcia McQuern, The Press-Enterprise Past Chairman: Robert Robie EDUCATION Cai Poly Pomona California State University San Bernardino Independent Colleges of So. Calif. Ontario Christian School Rose Institute/Ciaremont McKenna College San Bernardino Valley College University of California, Riverside University of Phoenix University of Redlands FINANCE / PROFESSIONAL SERVICES The Altek Media Group AppleOne Employment Services Arrowhead Credit Union The Arrowhead Group Associated Engineers, Inc. Bank of America Best Best & Krieger, LLP Burgess Moving & Storage Burke, Williams, & Sorensen, LLP Business Bank of California CA Private Transportation Company California Capital Companies Citizens Business Bank City National Bank Community Bank Community Works Design Group Creative Underground Davis & Graeber insurance Services Economics & Politics, Inc. Empire Expansion Management Enterprise Funding Corporation Entrepreneurial Hospitality Corporation Ernst & Young LLP Geographies Southern California logistics Airport GY1 Decauwer CPAs Gresham, Savage, Nolan, & Ti]den Miller & Schroeder Financial, Inc, Olivewood Cemetery Paperless Access, Inc. PE.net Provident Savings Bank Redlands Centennial Bank Reid & Hellyer Riverside Personnel Service, Inc. Robert Half International Ross, Landis, & Pauw, LLP IEEP Membership Roster, January 2001 Salomon Smith Barney Soren McAdam Chdstenson LLP Southwest Airlines Strategic Communications Stoorza Communications, Inc. Swenson Corporation Talbot Insurance & Financial Services, Inc. Technical Computer Services Thomas, Bigbie & Smith Troy Clarke Media Uber Advertising and Public Relations Union Bank of California Varner, Saleson, & Dobler, LLP Wells Fargo Bank GOVERNMENT / UTILITIES AGRICULTURE I MINING Eastern Municipal Water District Inland Empire Utilities Agency Pacific Bell Pomona Valley Transportation Authority Riverside County Transportation Commission San Bemardino Associated 6overnments (SANBAG) San Bernardino County Community & Cultural Department San Bernardino International Airport & Trade Center Southern California Edison Southern California Gas Company Verizon HEALTH CARE Arrowhead Regional Medical Center Citrus Medical Group Loma Linda University Medical Center Raincross Medical Group Riverside Community Hospital COMMUNITY PARTNERS (Local Government) Riverside County San Bernardino County Banning Chino Colton Grand Terrace Hemet Lake Elsinore La Quinta Loma Linda Moreno Valley Murrieta Norco Ontario Palm Springs Rancho Cucamonga. Rialto Riverside San Bernardino Temecula Twentynine Palms Yucca Valley LOGISTICS California Private Transportation Co. Southern California Logistics Airport San Bernardino international Airport & Trade Center UPS MANUFACTURING I HIGH TECH California Steel Industries, Inc. Crown Printers I:SRI FPC Graphics Imperial Rubber Products Johnson Machinery Mitsubishi Cement Optivus Technology Riverside Scrap Iron & Metal Robertson's Ready Mix Synagro Watson Laboratories Wiiden Pump & Engineering INLAND EMPIKE ECONOMIC PAKTNERSHIP 301 E. Vanderbilt Way, Suite #100 San Bernardino, CA 92408 MEDIA The Business Press inland Valley Daily Bulletin KCXX-FM/KATY-FM KGGI/KKDD-FM KVCR-TV Los Angeles Times The Press Enterprise San Bernardino County Sun NON-PROFIT Children's Fund Employer's Group Inland Valleys Assn. of Realtors NAIOP do Harley Knox Assoc. Sol, rare Council of Southern California So. Cal. Housing Dev. Corp. REAL ESTATE / CONSTRUCTION WiBiam Austin Co. Brickley Environmental Remediation Brithinee Electric C. B. Richard Ellis Century 21 Lois Lauer Realty Collins Commercial Corporation Diversified Pacific First American Title Insurance Glenborough Corporation Trust Grubb & Ellis Roy O. Huffman Roof Co. Lee & Associates - Ontario Lee & Associates - Riverside Matich Corporation Native Building Corporation PCMI The Expert Choice URS Corporation William Austin Company RETAIL / LODGING I ENTERTAINMENT Alvarez Lincoln/Mercury California Speedway Center Chevrolet H, ilton San Bernardino J. R. Freeman Co. (Xerox) Mission Inn Ontario Airport Marriott Patton Sales Corp. phone: (909) 890-1090 · fax: (909) 890-1088 · email: tooms@ieep.com · web: wv~v. ieep.com IEEP Budget 2001 Private Investments Deferred Revenue (SCE) Reach City/County Sub-total New Memberships Sub-total Less: .Loss reserves Sub-total Interest Income Work Force Development Grant Administration Revenue SBDC Empowerment Zone Events -- Annual Dinned9 member events Film Revenue Tourism Revenue Sub-total Total Revenue Administration Regional Marketing/Econ Dev Film Work Fome Development Grant SBDC Empowerment Zone Foundation Tourism Total Expense Net Reserve/Loss Budget 2001 476,700 20,000 666,262 1,162,962 98,876 1,261,838 88,945 1,172,893 2,500 18,750 76,719 1,186,843 82,500 30,000 120,000 35,000 1,552,312 2,725,205 294,015 706,967 243,617 28,443 1,264,449 82,500 31,719 73,496 2,725,205 0 4B INLAND EMPIRE ECONOMIC PARTNERSHIP MARKETING PROGRAM AGREEMENT INLAND EMPIRE ECONOMIC PARTNERSHIP COMMUNITY PARTNERS MARKETING PROGRAM AGREEMENT This COMMUNITY PARTNERS MARKETING PROGRAM AGREEMENT ("Agreement") is made and entered into this 24th day of July 2001, by and between the Inland Empire Economic Partnership, a non-profit mutual benefit corporation (hereinafter referred to as "IEEP") and the City of Temecula (hereinafter referred to as "SPONSOR"). RECITALS WHEREAS, SPONSOR desires to obtain certain marketing services from IEEP and IEEP desires to provide certain marketing services on behalf of SPONSOR, WHEREAS, the marketing services to be provided by IEEP pursuant to this Agreement shall be hereinafter referred to and known as the "Community Partners Marketing Program" or "MARKETING PROGRAM;" WHEREAS, MARKETING PROGRAM is designed to emphasize the economic, demographic and life-style facts and images of those certain geographic areas included within the boundaries of San Bemardino and Riverside counties, including the five eastern-most cities of Los Angeles County, hereinafter collectively referred to as the "Inland Empire" in order to: (1) Increase information available in the finance and real estate industries about the Inland Empire economy; (2) Increase the potential pool of employers interested in locating in the Inland Empire. WHEREAS, SPONSOR recognizes the benefits it may obtain through the attraction of new business and investment to the Inland Empire; WHEREAS, SPONSOR recognizes the need to promote the Inland Empire as a positive business environment; and WHEREAS, IEEP desires to provide, and SPONSOR desires to fund the MARKETING PROGRAM in accordance with the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, IEEP and SPONSOR agree as follows: SECTIONI SERVICES OFIEEP;TERM 1.1 Community Partners Marketing ProRram. Dudng the term of this Agreement, IEEP shall furnish all technical and professional services, including labor, matedal facilities, equipment, transportation, supervision and expertise, necessary to fully and adequately perform the following services, which shall constitute the Community Partners Marketing Program (MARKETING PROGRAM): A. MARKETING PROGRAM for Finance and Real Estate Industries and Potential Employers. IEEP shall in good faith and based on its discretionary determination that the following persons or entities exhibit some potential for conducting business in the Inland Empire, use its best efforts to contact and provide information on the Inland Empire to: (1) finance and real estate industry executives, (2) Southern California and other regional businesses, and (3) executives of national and international corporations. B. Trade Shows. IEEP shall attend trade shows, conventions and other meetings directly related to the purposes of this Agreement. IEEP shall prepare, transport and staff, as required, a trade show exhibit promoting the advantages of the Inland Empire to select markets, companies and industries. C. Other Terms. IEEP shall generally prepare, acquire and/or disseminate information to promote the Inland Empire as a location for business and investment, and shall carry out such other activities as may be reasonably necessary to achieve the purposes of this Agreement. The frequency of materials provided and the specific individuals and entities to be targeted by MARKETING PROGRAM pursuant to this Agreement shall be subject to IEEP's sole and absolute discretion. Except as set forth above, the IEEP's marketing efforts will include display advertising materials in publications chosen at the discretion of the IEEP. D. Schedule of Services. IEEP shall devote such time to the performance of the services under this Agreement as may be reasonably necessary for the satisfactory and timely performance of IEEP's obligations hereunder. E. MARKETING PROGRAM Performance Measures. IEEP shall monitor and report the results of MARKETING PROGRAM in accordance with the standards set forth in Exhibit "A" (IEEP Marketing Plan) attached hereto and incorporated herein by this reference. 1.2 Term of Agreement. Subject to the terms and conditions set forth in this Agreement, the term of this Agreement shall commence on the date first set forth hereinabove and shall continue thereafter through and including June 30, 2002. From and after July 1, 2002, this Agreement shall terminate and the parties hereto shall have no further debt or obligation hereunder. 1.3 Representation. SPONSOR hereby grants to IEEP the dght to provide MARKETING PROGRAM on the terms and conditions set forth in this Agreement. IEEP, from time to time and pursuant to its sole and absolute discretion, may appoint and retain the services of employees and independent contractors, all at IEEP's cost and expense with funds provided by SPONSOR hereunder, to assist IEEP in the performance of its obligations under this Agreement. SECTION II COMPENSATION 2.1 Payments by Sponsor. IEEP shall receive compensation, for all services rendered under this Agreement. The total compensation shall not exceed nineteen thousand, ($19,000.00) without wdtten approval of SPONSOR's Representative ("Total Compensation"). The funding includes $16,146.00 membership dues and $2,854.00 for the High Tech Initiative Program. 2.2 Payment of Compensation. IEEP shall submit to SPONSOR an invoice pursuant to this Agreement. SPONSOR shall within thirty (30) days of receiving such invoice pay the Total Compensation indicated in Paragraph 2. I. 2.3 Additional FundinR. SPONSOR agrees that the IEEP is authorized to seek additional funding for MARKETING PROGRAM from other regional governmental bodies including, but not limited to, the San Bemardino Association of Governments, the Western Riverside Council of Governments, and the Inland Valley Development Agency. SECTION III GENERAL CONDITIONS 3.1 Sponsor's Representative. SPONSOR hereby designates James O'Grady, Assistant City Manager or his designee as SPONSOR's Representative to IEEP. SPONSOR's Representative shall have the authority to act on behalf of SPONSOR for all purposes under this Agreement and shall coordinate all phases of MARKETING PROGRAM on behalf of SPONSOR, including, without limitation, the delivery of materials requested by the IEEP for distribution to respondents in accordance with the terms of this Agreement. SPONSOR shall work closely and cooperate fully with IEEP's Representative and any other agencies, which may have jurisdiction over or an interest in MARKETING PROGRAM. SPONSOR's Representative shall be available to IEEP's staff at all reasonable times. SPONSOR shall notify JEEP in wdting of any substitution in SPONSOR's Representative. 3.2 IEEP's Representative. IEEP's President/Chief Executive Officer, or his or her designee, shall serve as IEEP's Representative and shall have the authority to act on behalf of IEEP for all purposes under this Agreement. 3.3 Oversight. To facilitate reasonable oversight of MARKETING PROGRAM by SPONSOR, IEEP agrees, dudng the term of this Agreement only, that SPONSOR shall be eligible to have representatives selected by the IEEP Board of Directors for membership on the IEEP Board of Directors. 3.4 Independent Contractor. SPONSOR retains IEEP on an independent contractor basis and IEEP is not an employee, agent or representative of SPONSOR. Any 3 personnel performing the services under this Agreement on behalf of IEEP shall at all times be under IEEP's exclusive direction and control. IEEP shall have the dght to appoint or otherwise designate suitable and desirable employees, agents, independent contractors and representatives to perform services under this Agreement ("IEEP's Representatives"). IEEP's Representatives shall be subordinate to IEEP and subject to each and all of the terms, provisions, and conditions applying to IEEP hereunder. IEEP shall pay all wages, salaries, and other amounts due IEEP Representatives in their performance of services under this Agreement and as required by law. IEEP shall be responsible for all reports and obligations respecting IEEP Representatives, including, but not limited to, social secudty taxes, income tax withholdings, unemployment insurance, and workers' compensation insurance. SPONSOR is interested only in the results obtained by IEEP and MARKETING PROGRAM, and the IEEP shall have sole control of the manner and means of performing its obligations under this Agreement. Except as expressly set forth herein, SPONSOR shall not have the dght to require IEEP to periodically report to SPONSOR, conform to any fixed or minimum number of hours devoted to IEEP's obligations hereunder, follow prescribed itineraries, keep records of business transacted, make adjustments, bind SPONSOR, conform to particular policies of SPONSOR, or do anything else which would jeopardize the relationship of independent contractor between SPONSOR and IEEP. SPONSOR shall have no dght or authority to commit IEEP in any matter, cause, or thing whatsoever, without the pdor written consent of IEEP either hereunder or otherwise, or to use IEEP's name in any way not specifically authorized by this Agreement. 3.5 Termination. IEEP and SPONSOR shall have the right to terminate this Agreement and suspend their performance hereunder upon the occurrence of any of the following events: A. Breach of Agreement. Breach or default by SPONSOR or IEEP of any of the matedal terms, obligations, covenants, representations or warranties under this Agreement which is not waived in wdting by the non-defaulting party. In such case, however, the non-defaulting party shall first notify the other of such alleged breach or default and provide the other party with a pedod of thirty (30) days to cure the alleged breach or default. If the breach or default is not capable of being cured within a thirty (30) day pedod, then the defaulting party must commence a reasonable good faith effort to cure such breach or default within the thirty (30) day pedod and shall thereafter diligently pursue such cure to completion. B. Bankruptcy or Insolvency. IEEP or SPONSOR is declared insolvent or bankrupt, makes an assignment for the benefit of creditors, has a receiver appointed or any proceeding is demanded by, for or against IEEP or SPONSOR under any provision of the federal Bankruptcy Act o~ any amendment thereof. 3.6 Continuation of Services to other Participating Agencies. In the event this Agreement is terminated in whole or in part as provided in paragraph 3.5, IEEP may continue, upon such terms and in such manner as it has or may determine appropriate, to provide services similar to those provided' tO other Participating Agencies. 3.7 Inderrlnificatiorl. Each party shall defend, indemnify and hold the other party, its officials, officers, ernp!oyB~s aq,d. '~gents free and harmless from any and all liability from loss, damage, or injury '~ prope~y or persons including wrongful death, in any manner adsing out o.f .or incident to its ~le~li~rtt a~F,' omissions or willful misconduct arising out of or in connection with its performance ~[ this Agl;eement, including without limitation the payment of afforneys, 'fees. Further, each pa~y!~ha ~'d~[end at its own expense, including attorneys' fees, the other party, its officials, officers, employees, and agents in any legal action based upon such negligent acts, omissions or willful misconduct. 3.8 Notices and Requests. Any notice, demand, or request required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly delivered and effective on the third business day after having been deposited in the United States mail, postage prepaid, registered or certified, and addressed to the addressee as set forth below. If delivered by facsimile machine to such addressee, such notice shall be deemed to have been duly delivered and effective on the date transmitted. If delivered via overnight courier to such addressee, such notice shall be deemed to have been duly delivered and effective on the next business day. Any party may change its address for purposes of this Agreement by written notice given in accordance herewith. IEEP: INLAND EMPIRE ECONOMIC PARTNERSHIP 301 East Vanderbilt Way, Ste. 100 San Bemardino, CA 92408 Attention: Ted Ooms Phone: 909-890-1090 Fax: 909-890-1088 SPONSOR: CITYOF TEMECULA P.O. Box 9033 Temecula, CA 92589 Attention: Jim O'Grady Phone: 909-694-6444 Fax: 909-693-3903 3.9 Assignment Without Consent Prohibited. The dghts or obligations of any of the parties hereto may not be assigned or delegated, respectively, without the pdor written consent of the other party hereunder, which consent may be withheld in such party's sole and absolute discretion. Any assignment by either party hereunder shall not release such party from any of its obligations hereunder. Except as specifically provided above, neither party to this Agreement may, voluntarily or by operation of law, assign or otherwise transfer any of its dghts or obligations under this Agreement. 3.10 Exhibit. Exhibit "A" attached hereto is hereby incorporated by reference in this Agreement. Nothing contained in any such exhibit shall supersede or annul the terms and provisions of this Agreement, unless the matter set forth in the exhibit shall explicitly so provide to the contrary. In the event of any ambiguity in meaning or understanding between the provisions of this Agreement and the appended exhibit, the provisions of this Agreement shall control. 3.11 Entire Agreement. This Agreement, including the exhibit attached hereto, shall constitute the entire Agreement between SPONSOR and IEEP concerning the subject matter hereof and shall supersede all pdor and contemporaneous Agreements between the parties. 3.12 No Joint Venture or Partnership. SPONSOR and IEEP shall not, by virtue of this Agreement, in any way or for any reason, be deemed to be or have become a partner of the other in the conduct of its business or otherwise, or a joint venture. $ 3.13 Gender and Number. The use herein of the neutered -gender includes the masculine and the feminine and the singular number includes the plural, whenever the context so requires. 3.14 Captions. The captions and headings provided in this Agreement are inserted for convenience of reference only and do not define, descdbe or limit the scope or the intent of this Agreement or any of the terms hereof. 3.15 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed a fully executed original. 3.16 Attorneys' Fees. In the event either party commences litigation for the judicial interpretation, enforcement, termination, cancellation or recision hereof, or for damages for the breach hereof, then, in addition to any and all other relief awarded in such litigation, the prevailing party therein shall be entitled to a judgment against the other for an amount equal to reasonable attomeys' fees and court and other costs incurred. 3.17 Choice of Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 3.18 Modification and Waiver. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in wdting and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is or may be sought. 3.19 Severability. In the event any term, covenant, condition, provision or agreement herein contained is held to be invalid, void or otherwise unenforceable by any court of competent jurisdiction, the fact that such term, covenant, condition, provision or agreement is invalid, void or otherwise unenforceable, shall in no way effect the validity or enforceability of any other term, covenant, condition, provision or agreement herein contained. 3.20 Binding Agreement. Subject to any limitation on assignment elsewhere set forth herein, all terms of this Agreement shall be binding upon, ensure to the benefit of and be enforceable by the parties hereto and their respective legal representatives, successors and assigns. 3.21 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.22 Prohibited Interests. A. Solicitation. IEEP maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for IEEP, to solicit or secure this Agreement. Further, IEEP warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for IEEP, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement For breach or violation of this warranty, SPONSOR shall have the dght to rescind this Agreement without liability. B. Conflict of Interest. For the term of this Agreement, no member, officer or employee of SPONSOR, dudng the term of his or her service with SPONSOR, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.23 Equal Opportunity Employment. IEEP represents that it is an equal opportunity employer and it shall not discriminate against any employee or applicant for employment because of race, religion, color, national odgin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above wdtten. INLAND EMPIRE ECONOMIC PARTNERSHIP CITY OF TEMECULA By: Teri Ooms President & CEO By: Jeff Comerchem Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson Agency Attomey 5A SOUTHWEST RIVERSIDE COUNTY ECONOMIC ALLIANCE SUPPORT INFORMATION Prepared by Stevie Hirdler Marketing Coordinator July 11,2001 ECQNO, M!C Plan S.W.R.C. ECONOMIC ALLIANCE Marketing Plan The cities of Lake EIsinore, Murrieta, Temecula and the County of Riverside, together, founded the Southwest Riverside County Economic Alliance in 1999. Due to positive results, the Southwest Riverside County Marketing for Business Attraction Agreement is being extended through June 31, 2002. The goal of the economic alliance is to stimulate economic development within the Southwest region. This marketing plan is designed to attract businesses and more specifically target bio-medical manufacturing, tele-communications and high-tech manufacturing businesses to the area. Some of the attributes of the Southwest Riverside County area are: a business friendly atmosphere, a high standard of living and high quality of life, a well educated work force, competitive housing prices, access to the major ports of Southern California, convenient freeway access, and close proximity to San Diego, Orange and Los Angeles counties. With this in mind, the marketing campaign will create greater recognition of the area outside the county limits and generate leads that will ultimately result in business start-ups and/or relocation to the area. Attract new business and investment to Southwest Riverside County as well as create new jobs in the region, targeting bio-medical and high tech manufacturing and tele- communications. Promote business development, economic opportunities, a skilled and educated work force as well as, quality of life of the region to business owners outside of the County's boundaries. Enhance the image of the Southwest Riverside County region and its abundant economic opportunities. Create a general awareness of the Southwest Riverside County region and its many benefits. Research/study demographics of commuter and labor market. Business owners and decision-makers in the high-tech manufacturing, tele-communications and bio-medical manufacturing fields. Executives of national and international corporations. Residents who commute outside the region to work. Venture Capitalists San Diego County Orange County Los Angeles County Nod[hem Califomia Printed Materials SWRC Economic/Demoqraphic Profile Cost: $3,500 Quantity: 5000 Date: August 2001 CD-ROMS Cost: $5,000 Quantity: 2500 (reprints) Date: TBD Brochures/presentation folders Cost: $5,000 Quantity: 2500 (reprint) Date: Fall 2001 Golf Bails Cost: $1,500 Quantity: 96 dozen (reprint) Date: Fall 2001 Advertising Radio Cost: $ 30,000 *Stations and Dates to be determined Newspaper/MaRazines* · Expansion Management Magazine Cost: $3, 800 *Currently researching other publications Television Cost: $35,000 *Stations and Dates to be determined Public Relations Regional Update Breakfasts Cost: $500.00 each Dates: February, June, September, December Business Visitation Cost: $0.00 (abso[bed in overhead) Dates: Ongoing Economic Development related meetinqs Cost: $ 0.00 (absorbed in overhead) Dates: Ongoing Trade shows · BIO 2001 Cost: $700.00 Dates: June 25-27, San Diego · Wescen Cost: $3,000 Dates: October 16-18, San Jose, CA Consultant Web-site Other · NACORE Cost: $1,600 Dates: September 22-25, Las Vegas, NV · Comdex Cost: $1,600 Dates: November 11-16, Las Vegas, NV Contract with Ron Nater for one year for consulting services Cost: $15,000 Dates: July 15, 01-June 30, 02 Update web-site to include GIS and Loop-net link specific to Southwest Riverside County Cost: $25,000 Date: TBD CommutedLabor Fome Study Cost: $0.00 - SANDAG grant Date: RFP release date in July MarketinR Campai,qn Timeline MarketinR Materials Development of marketing materials, to include demographic profile report specific for the Southwest Riverside County region, CD-ROM and promotional items. Targeted Completion Date- August 2001 Trade Show Attendance Attend industry specific trade shows throughout the contract year. Specific trade shows will be determined during on-going meetings with city and county representatives. Targeted Completion Date - Ongoing Print Media Advertisinq Development of targeted print media campaigns using publications that are industry specific. Advedising and press releases in local, regional and targeted area publications. Targeted Completion Date - Ongoing Multi-Media AdvertisinR CampaiRn Develop an industry specific campaign, such as the biomedical industry, high-tech manufacturing, tele- communications or another industry as determined by the parties hereto. Campaigns will include, but not be limited to, CD-ROM, billboards, radio, television, and direct mail and print media. Targeted Completion Date - Ongoing Business Visitation The county/city representatives and consultant will perform a minimum of eight (8) company visitations. This may include visits to Northern California or other locations as determined through on-going meeting with city and county representatives. Targeted Completion Date - Ongoing Public Relations The representative will attend various economic development related meetings that pertain to Southwest Riverside County. Targeted Completion Date - Ongoing Lead mana,qement The representative will respond to leads generated as a result of this marketing plan. It is the responsibility of the representative to send out identity package, conduct follow-up phone calls, schedule meetings with perspective businesses and assist businesses with the information needed in the expansion/relocation process. Targeted Completion Date - Ongoing Market Research/Survey Representative will research and study markets concerning economic development and marketing as it relates to Southwest Riverside County and develop an economic repod based upon these findings. Targeted Completion Date - Ongoing Proposed Budget Printed Materials $15,000 Consultant $15,000 Commuter/Labor Study* $18,000 *(due to grant approval, expenses unknovcn) Web-site $ 25,000 Advertising · Commercial $ 35,000 · Radio $ 30,000 · Magazines $12,000 Trade Shows $15,000 Promotional Items $ 1,500 Travel/Expenses $ 5,000 Misc. $ 8,500 Contingency Fund $ 28,548 Grand Total $208,548.00 This total includes the $ 73,548.17 rollover from the 00-01 fiscal year, which was allocated for a portion of the above expenses. 5B SOUTHWEST RIVERSIDE COUN'rY ECONOMIC ALLIANCE MARKETING AGREEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 COUNTY OF RIVERSIDE SOUTHWEST RIVERSIDE COUNTY MARKETING FOR BUSINESS ATTRACTION AGREEMENT This MARKETING PROGRAM AGREEMENT ("Agreement") is made and entered into this day of 2001, by and between the Cities of Temecula, Murrieta, and Lake EIsinore (hereinafter referred to as "Cities") and the County of Riverside (hereinafter referred to as "County") for marketing and business attraction services for the Southwest Riverside County region. RECITALS WHEREAS, Cities desire to obtain certain marketing services from County, and County desires to provide certain marketing and business attraction services on behalf of Cities, WHEREAS, the marketing and business attraction services to be provided by County pursuant to this Agreement shall be hereinafter referred to and known as the "Marketing Program," WHEREAS, Marketing Program is designed to emphasize the economic, demographic, and lifestyle facts and images of those certain geographic areas included within Southwest Riverside County bounded by the unincorporated communities of Temescal Canyon, Winchester, French Valley, Rancho California, and the Wine Country, as well as the Cities of Lake Eisinore, Murrieta and Temecula (hereinafter collectively referred to as "Southwest Riverside County") in order to: 1. Enhance the image of the Southwest Riverside County region as an area with abundant economic opportunities and quality of life; and 2.Stimulate private investment and job creation in the Southwest Riverside County economy; and 3. Attract new businesses to Southwest Riverside County, targeting bio-medical and high-tech manufacturing and tele-communications industries. -1- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Cities and County recognize the benefits they may obtain through the attraction of new business and investment to Southwest Riverside County; WHEREAS, Cities and County recognize the need to promote Southwest Riverside County as a positive business environment; and WHEREAS, County desires to provide, and the Cities to fund, the Marketing Program in accordance with the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Cities agree as follows: SECTION 1 BUSINESS ATTRACTION SERVICES AND MARKETING PROGRAM 1.1 County Services. During the term of this Agreement, County shall provide one County staff representative, facilities for the County staff representative, equipment, transportation, supervision and expertise necessary to fully and adequately perform the following services including, handle procurement process of contracts and execute agreements on behalf of the Alliance., for Southwest Riverside County, which shall constitute the Marketing Program: A. Marketinq Proqram. County shall, in good faith and based on its discretionary determination that the identified person(s) or entity(ies) exhibit potential for conducting business in Southwest Riverside County, use its reasonable and best efforts to contact and provide information on the finance, real estate, manufacturing, and various other industries in the Southwest Riverside County economy to the following areas/individuals: (1) Southern California; (2) Northern California; and (31 executives of national and international corporations. The Marketing Program will consist of those items shown in Exhibit, "A" which is attached hereto and made a part hereof. -2- 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 1.2 B. Other Terms. County shall generally prepare, acquire and/or disseminate information to promote Southwest Riverside County as a location for business and investment, and shall carry out such other activities as may be reasonably necessary to achieve the purposes of this Agreement as identified in the Marketing Plan which has been attached hereto and made part hereof. The frequency of materials provided and the specific individuals and entities to be targeted by the Marketing Program pursuant to this Agreement have been identified by the parties hereto. C. Marketinq Proqram Performance Measures. County shall provide information to Cities outlining the results of the Marketing Program. Said information may include the following: number of business visitations, number of jobs created, number and description of business expansions/attractions, number and description of trade shows and conferences attended, description of media campaigns, description of training/employment links, and description of curriculum development. D. City Contacts. Each City member shall designate a liaison to work with the County in the implementation of the Marketing Program. The parties to this Agreement shall meet on a regular basis to review the marketing program. E. Business Retention. Business retention shall be the responsibility of the individual parties to this agreement. The Marketing Program shall be coordinated with these business retention efforts. Term of Aqreement. The term of this Agreement shall commence on the date first set forth herein above and shall end on June 30, 2002. From and after July 1, 2002, this agreement shall terminate and the parties hereto shall have no further debt or obligation // -3- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 2 3 4 5 2.1 2.2 2.3 hereunder unless agreed upon by the padies hereto at which point the Marketing Program and funding levels will be reviewed and agreed upon by the parties hereto. SECTION II COMPENSATION Payments by Cities. County shall receive compensation for all services rendered under this Agreement from the Cities in the amount of One Hundred Thirty Five Thousand Dollars ($135,000), which shall be divided by the Cities in the following quantities: a) City of Temecula $75,000 b) City of Murrieta $50,000 c) City of Lake EIsinore $10,000' *City of Lake Elsinore will provide additional in-kind services not to exceed an additional $15,000. County will use the funds for the direct marketing activities listed in the Marketing Program under Attachment "A". County will not use funds for overhead expenses (valued at $135,000) such as those listed in Section 1.1 County Services. Funds not expended shall be refunded to cities on a pro-rata share or if agreement is extended funds shall be carried over to the new agreement period. Payment of Compensation. County shall receive two equal payments from Cities for total compensation shown in Section 2.1. First payment shall be provided to County within 30 days of execution of Agreement. Second payment shall be paid no later than January 31, 2002. County shall submit an invoice to Cities for both payments. Additional Fundinq. Cities agree that the County is authorized to seek additional funding for Marketing Program from other parties including, but not limited to, local utilities, State, and private entities. // // // -4- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 3.1 4 5 3.2 SECTION III GENERAL CONDITIONS Indemnification. Each party shall defend, indemnify and hold the other party, its officials, officers, employees and agents free and harmless from any and all liability arising out of or incident to its negligent acts, omissions, or willful misconduct arising out of or in connection with its performance of this Agreement, including without limitation the payment of attorneys' fees. Further, each party shall defend at its own expense, including attorneys' fees, the other party, its officials, officers, employees, and agents in any legal action based upon such negligent acts, omissions, or willful misconduct. Notice and Requests. Any notice, demand, or request required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly delivered and effective on the third business day after having been deposited in the United States mail, postage prepaid, registered or certified, and addressed to the addressee as set forth below. If delivered by facsimile machine to such addressee, such notice shall be deemed to have been duly delivered and effective on the next business day. Any party may change its address for purposes of this Agreement by written notice given in accordance herewith: Partners: City of Temecula Attn: Jim O'Grady 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Phone (909) 506-5100 Fax (909) 694-6499 City of Lake Elsinore Attn: Marlene Best 130 S. Main Street Lake Elsinore, CA 92530 Phone (909) 674-3124 Fax (909) 674-2392 City of Murrieta Attn: Lori Moss 26442 Beckman Court Murrieta, CA 92562 Phone (909) 461-6002 Fax: (909) 698-9885 County: County of Riverside Attn: Stevie Field 27447 Enterprise Circle, West Temecula, CA 92590 Phone (909) 600-6066 Fax: (909) 600-6005 -5- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF SUPERVISORS By: Jim Venable, Chairman ATTEST: By: Deputy APPROVED AS TO FORM: COUNTY COUNSEL By: CITY OF MURRIETA By: Kelly Seyarto, Mayor ATTEST: APPROVED AS TO FORM: CITY ATTORNEY By: II II CITY OF TEMECULA By: Jeff Comerchero, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: CITY ATTORNEY By: CITY OF LAKE ELSINORE By: Robert L. Schiffner, Mayor ATTEST: By: APPROVED AS TO FORM: CITY ATTORNEY By: -6- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 2 2. 3. 4. 5. Attachment "A" Implementation Plan Marketin.q Materials Development of marketing materials, to include demographic profile report specific fo~ the Southwest Riverside County region, CD-ROM and promotional items. Targeted Completion Date- August 2001 Trade Show Attendance Attend industry specific trade shows throughout the contract year. Specific trade shows will be determined during on-going meetings with city and county representatives. Targeted Completion Date - Ongoing Print Media AdvertisinR Development of targeted print media campaigns using publications that are industr~ specific. Advertising and press releases in local, regional and targeted area publications. Targeted Completion Date - Ongoing Multi-Media Advertising CampaiRn Develop an industry specific campaign, such as the biomedical industry, high-tech manufacturing, tele-communications or another industry as determined by the parties hereto. Campaigns will include, but not be limited to, CD-ROM, billboards, radio, television, and direct mail and print media. Targeted Completion Date - Ongoing Business Visitation The county/city representatives and consultant will perform minimum of eight (8) company visitations. This may include visits to Northern Californi or other locations as determined through on-going meeting with city and count~ representatives. Targeted Completion Date - Ongoing // // -7- 1 6. 2 3 4 7, 5 6 8. 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Public Relations The representative will attend various economic development relateC meetings that pertain to Southwest Riverside County. Targeted Completion Date - Ongoing Lead manaqement The representative will respond to leads generated as a result ol this marketing plan. It is the responsibility of the representative to send out identity package, conduct follow-up phone calls, schedule meetings with perspective businesses and assist businesses with the information needed in the expansion/relocation process. Targeted Completion Date - Ongoing Market Research/Survey Representative will research and study markets concerning~ ! economic development and marketing as it relates to Southwest Riverside County andl develop an economic report based upon these findings. Targeted Completion Date - Ongoing // // // // // // // // // // // // // // // -8- ITEM 8 APPROVAL CITY ATTORNEY ~ DIRECTOROF FI NAN ~E__.~[~=~: CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Director of Public Works/City Engineer July 24, 2001 Award of Construction Contract for Starlight Ridge Southern Cross Road Sidewalk Project - Project No. PW00-22 PREPARED BY: Amer Attar, Senior Engineer Bruce Levy, Assistant Engineer RECOMMENDATION: That the City Council: Award a construction contract for the Starlight Ridge Southern Cross Road Sidewalk Project - Project No. PW00-22 to Elite Bobcat Service, Inc. in the amount of $51,790.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $5,179.00, which is equal to 10% of the contract amount. BACKGROUND: On June 12, 2001 the City Council authorized the Public Works Department to solicit Construction bids. The project will include the installation of permanent sidewalks on the north side of Southern Cross Road between Rancho Vista Road and Margarita Road. This project will facilitate pedestrian safety and accessibility, especially for children and residents in the surrounding areas to walk to and from existing parks, schools and retail shops. The sidewalk will benefit pedestrian safety, encourage the use of alternate modes of transportation, and complete missing links in existing sidewalk improvements. In addition to the City, local area residents and the Temecula Valley Unified School District (TVUSD) are in support of this project. The engineer's estimate for this project was $58,680.00. Four bids were publicly opened on July 11,2001, and the results for the bid are as follows: 1. Elite Bobcat Service, Inc. $51,790.00 2. Cunningham-Davis Corporation. $61,450.00 3. S. Parker Engineering, Inc. $69,100.00 4. J.D.C., Inc. $79,220.00 1 R:'~AGDRPT~2001~0724\PW00-22.Awd. DOC Staff has reviewed the bid proposals and found Elite Bobcat Service, inc. to be the lowest responsible bidder for this project. Staff has contacted references and determined that Elite Bobcat Service, Inc. has satisfactorily performed similar type of work in the past. The specifications allow thirty (30) working days for the completion of this project. Work is expected to begin in August 2001 and be completed by early September 2001. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: The Starlight Ridge Southern Cross Road Sidewalk Project is a Capital Improvement Project funded by $40,160 of SB821 funds with the balance to be funded by the City through Capital Project Reserves. A transfer of Capital Project Reserves from the Date/Cherry Street Improvements from Murrieta Hot Springs Road to Margarita Road - Phase V project is necessary to cover the total construction cost of $56,969.00, which includes the contract amount of $51,790.00 plus the 10% contingency amount of $5,179.00. ATTACHMENT: 1. Location Map 2. Project Description 3. Contract 2 R:'~.G D R PT~2001\0724'~PW00-22.Awd,DOC CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PWO0-22 STARLIGHT RIDGE SOUTHERN CROSS ROAD SIDEWALK PROJECT THIS CONTRACT, made and entered into the 24th day of July, 2001,by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Elite Bobcat Services, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW00-22, STARLIGHT RIDGE SOUTHERN CROSS ROAD SIDEWALK PROJECT, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW00-22, STARLIGHT RIDGE SOUTHERN CROSS ROAD SIDEWALK PROJECT. Copies of these Standard Specifications are available from the publisher: Building New, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW00-22, STARLIGHT RIDGE SOUTHERN CROSS ROAD SIDEWALK PROJECT. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 R:~dp~projects~O0-22~Co ntract The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO, PW00-22, STARLIGHT RIDGE SOUTHERN CROSS ROAD SIDEWALK PROJECT All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: FIFTY ONE THOUSAND SEVEN HUNDRED NINETY DOLLARS and NO CENTS ($51,790.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. CONTRACT CA-2 R:~d p\proj~%'ts~#00-22~Conbact The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a cedificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000 0 $75,000 RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,00- $500,000 180 days $2,250 + 2% ofamountin excess of $75,000 Over $500,000 One Year $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.65, CONTRACTOR agrees to forfeit and pay to CITY the sum of One thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. CONTRACT CA-3 R:~cip~p rojec~,~00-22~Contract 10. 11. 12. 13. 14. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACT CA..4 R:~cip~projecls~0-22~Co nffact 15. 16. 17. 18. 19. 20. 21. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicaP. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractodconsultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with CONTRACT CA-5 R:~cip~projects~0-22\Contra cl 22. 23. Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA~ R:/cip~orojects~pw~0-22~Co ntract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Elite Bobcat Service, Inc. 1320 E. Sixth St., 100 Corona, CA 92879 909-279-6869 By: Joe Nanci, CEO DATED: CITY OFTEMECULA APPROVED AS TO FORM: By: Jeff Comerchero, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-7 R:~cip~p rojects~OO-22~Cont~act ITEM 9 APPROVAL ~]/~z,.~.-~ CITYATTORNEY ~ DIRECTOROFFINANCE_.~__,Z_ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council ,'~/{/Villiam G. Hughes, Director of Public Works/City Engineer July 24, 2001 Maintenance Agreement - Habitat West, Inc. Five-year maintenance of the Long Canyon Detention Basin Project No. PW01-05 PREPARED BY: Greg Butler, Senior Engineer- Capital Projects RECOMMENDATION: That the City Council approve a five (5) year Maintenance Agreement with Habitat West, Inc. for a total not to exceed amount of $26,140.00 and authorize the Mayor to execute the agreement. BACKGROU ND: In October of 1999, the City entered into an agreement with Woodside Homes to accept the 5-year maintenance and monitoring requirements of the Long Canyon Detention Basin environmental mitigation area. The mitigation area was set up to satisfy the conditions of the Army Corp of Engineers permit issued for the Campos Verdes Development. The City maintenance staff does not have the expertise needed to maintain the native plant species and assure they meet the success criteria included in the Army Corp permit. Therefore informal bids were solicited from three (3) landscape contractor's specializing in this work. Of the three (3) contractors solicited, Habitat West, Inc. was the Iow bidder. Habitat West has done similar work for the City relating to the Pala Road Bridge Replacement project. Because the Army Corp permit requires the mitigation site to be maintained for a period of 5-years, Habitat West has prepared cost estimates to complete the entire 5-year maintenance obligation. The total cost has been broken down to the cost for the construction period and then costs for each of the 5- years required by permit. This initial contract will cover the construction inspection work necessary for the actual construction of the mitigation site as well as the first year's maintenance. Amendments to this original contract will be brought to council annually for the remaining four years. The total cost of the 5-year maintenance obligation will be $26,140.00. FISCAL IMPACT: Adequate funds are available in the Public Works FY2001-2002 Operating Budget in Account, No. 001-164-601-5275 for the first year of this agreement in the amount of $10,840.00. Subsequent fiscal appropriations will be necessary for each of the following four (4) years. ATTACHMENT: Agreement I R:~AGDRP~2001 ~0724\Habitat West Long Cyn Agree,DOC CITY OF TEMECULA CONTRACT AGREEMENT FOR MAINTENANCE OF THE Environmental Habitat Created within the Long Canyon Detention Basin PROJECT NO. PW01-05 THIS CONTRACT, made and entered into as of July 24, 2001 by and between the City of Temecula, and Habitat West, Inc.("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor shall complete all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Scope of Work") and shall provide and furnish all the labor, materials, necessar7 tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the ti me set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City of Temecula. a. TERM. This Agreement shall commence on July 24, 2001, and shall remain and continue in effect until June 30, 2007, unless sooner terminated pursuant to the provisions of this Agreement. 2. COST OF WORK. For the Work described in Section 1 of this Agreement Contractor shall receive the sum of Twenty six thousand one hundred forty dollars and no cents ($26,240.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The Payment Schedule is attached hereto and incorporated herein as Exhibit B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement that ara in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed by the City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty-five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. 3. PAYMENT. Contractor will submit invoices monthly, or at another agreed to interval, for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE, Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. I R:\C[P~PROJECTS~PW0 BPW01-05\0105Main~agrmt.dec 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. CHANGE ORDERS. The City Manager may approve additional payment not to exceed 10% of the Agreement. Change orders exceeding these limits shall be approved bythe City Council. 7. WAIVER OF CLAIMS. On or before making final request for payment under Paregraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the previsions of 1775 of the Labor Code, Contractor shall for-reit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. Payroll records shall be submitted to the City with each pay request. Progress payments will be withheld pending receipt of any outstanding reports. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor wiII submit an invoice to the City pursuant to Section 3. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the previsions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's contrel, and without fault or negligence of the Contractor, it shall not be considered a default. 2 R:\CIP~PROJECTS~PW0 i~PW01 ~5\0105Maintagrmt.doc b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. IN DEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contrector shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 3 R:\CIP~PROJECTS~PW01 ~PW01-05\0105Maintagrmt.doc d. Other Insurance Provisions. The general liability and automobile liability policies ara to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraqe. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the previsions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. TIME OF THE ESSENCE. Time is of the essence in this Contract. 14. INDEPEN DENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and 4 R:\CIP~PROJECTS~PW01 ~PW01-05\0105 Maintagrmt.doc control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations that in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 22. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R:\CIP~PROJECTS~PW01WW014)5\0105Maintagrmt.doc 23. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Habitat West, Inc. 938 S. Andreasen Dr., Suite F Escondido, CA 92029 (760) 735-9378 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force a nd effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attomey fees and litigation costs incurred in the litigation. 27. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractodconsultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 28. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further force or effect. Each party is entedng into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. R:\CIP~PROJECTS~PW01 ~PW01-05\0105Maintagrmt.doc 29. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITN ESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OFTEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR HABITAT WEST, INC. 938 S. Andreasen Dr., Suite F Escondido, CA 92029 (760) 735-9378 By: Gigi Hurst, President, CEO 7 R:~CIP~PROJECTS~PW01 ~PW01-05\0105Maintagrmt.doc MAINTENANCE OF THE Environmental Habitat Created within the Long Canyon Detention Basin PW01-05 EXHIBIT A SCOPE OF WORK MAINTENANCE SERVICES A. General: Contractor shall maintain all plants in a vigorous, thriving condition bywatedng, weeding, cultivating, and any other necessary operations during the entire period of installation and until final acceptance by the Owner as advised by the Project Biologist. Improper maintenance that may cause the poor condition of planted material at termination of the scheduled contract period shall cause postponement of final acceptance of work. Payment for annual maintenance activities shall be made monthly in accordance with the annual bid amount. Upon termination of maintenance activities the Contractor shall be paid the pro rata amount for the year in which the contract is terminated. The Owner shall pay for metered water used for watering landscape materials. B. Weeding: 1. Weeds shall be removed by the Contractor at lease once a month dudng the first two years, once every four months for years three and four, and twice a year during year five. More frequent monitoring will be preformed as necessary or as recommended by the Project Biologist to keep weeks at manageable levels. A licensed Pest Control Advisor shall be consulted if specific pest control recommendations are required. 2. Weeds and their root systems shall be removed completely, and watering shall precede weeding if necessary to facilitate root removal. Manual weed removal is preferred and herbicides, applied by a licensed professional, shall only be used as approved by the Project Biologist. C. Pest Control: 1. Insect infestations and plant diseases will be monitored by the Project Biologist and reported to the owner. The Contractor shall consult a licensed Pest Control Advisor for any extensive pest control measures. 2. Pesticide and herbicide use beyond that approved for weed eradication is strictly prohibited unless authorized by the Project Biologist. Biological control agents, such as insect predators, may be used at the discretion of the Project Biologist and as approved by the Owner. 3. Common pests and diseases that occur naturally in the environment and are not harmful to plants shall be identified as tolerated and no cultural treatments shall be allowed. D. Herbivory: The Contractor shall monitor for herbivory of plants and shall inform the Project Biologist within 24 hours of discovery, who shall then prescribe remedial actions. Any remedial actions, such as fencing, shall be provided at Owner's expense. 8 R:\CIP~PROJECTS~PW01 ~PW01 d)5\0105Maintagrmt.doc EXHIBIT A SCOPE OF WORK E. Leaf Drop and Organic Debris: Leaf and branch drop shall be retained unless specially required to be removed for brush management purposes as directed by the Project Biologist. F. Debris Removal: The Contractor shall remove and dispose off site all non-organic debris. Removal of trash and litter shall continue on a regular basis during the establishment maintenance period. Organic debris created from the weeding of annual grasses may be left on site if the Project Biologist determines that it will not affect the establishment of native seedlings. However, noxious weed debris shall be disposed of off-site to avoid further introduction of undesirable exotic seed or propagules. G. Erosion Control: 1. Throughout the project installation, establishment and long-term maintenance periods, the Contractor shall monitor for erosion within revegetation areas and shall prohibit gullies, rill and sheet erosion, bare soil areas and silt deposition from occurring. 2. The Project Biologist shall prescribe erosion control procedures, at the expense of the Owner, after evaluation of potential and existing erosion problems on a case-by-case basis. 3. Erosion control shall emphasize prevention. If needed, however, repair shall include redirection or dissipation of the water source and recontouring of soil, followed by seeding, mulching, or planting. In some cases, straw mulching (with weed-free straw) is sufficient to stabilize the soil. Strategically placed and secured hay bales or sand bags may be used to dissipate water sources. 4. If required, the Project Biologist shall prescribe seeding of eroded areas. The plant palette and installation treatments employed in the restoration program shall dictate species selection. The use of invasive exotic species for erosion control shall not be allowed. 5. Erosion control prescribed during the long term maintenance period will be the responsibility of the Owner. I. Replanting and Reseeding: 1. The Contractor shall procure replacement planting stock in advance to ensure that replacement of dead container plants shall not be delayed during the plant establishment and maintenance periods. Additional container plants shall be added if a bare spot of twenty-five square feet or greater exists in the revegetation area following 120 days after planting and if the Project Biologist determines it is necessary for erosion control purposes. 2. Any plants not achieving the success criteria of the CDFG and ACOE permits following the long term maintenance period shall be removed and replaced bythe Contractor. Plants shall be replaced in kind, as specified in the plant palettes, or with appropriate replacement species that have shown success in that specific area, as determined by the Project Biologist. Any species substitutions shall require the approval of the Project Biologist. 9 R:\CIP~PROJECTS~PW01 ~PW01-05\0105Maintagnnt.doc EXHIBIT A SCOPE OF WORK 3. If certain plant species are failing in an area, plant species substitutions might be needed to achieve a greater success rate. No substitutions shall be made unless the owner and the Project Biologist approve the species substitution to achieve a greater success rate. Approved plant substitutions shall consist of only native plant material, and only local native genetic stock shall be used. PERFORMANCE STANDARDS FOR THE CREATION SITE DURING LONG-TERM MAINTENANCE PERIOD A. First Year Performance Standards: 1. Seeded Plants: Sixty (60) percent cover of native seeded species within 120 days after seeding. 2. Container Plants: Ninety (90) pement survival of all tree and shrub plantings. If 90 pement survival has not been achieved, replanting necessary to achieve this standard shall be performed 120 days after planting. 3. If pement survival has not been achieved, replanting in-kind and/or re-seeding may be required. 4. Listed exotic weed species shall account for less than five percent cover and no mature specimens shall be present. B. Second Year Performance Standards: 1. Seeded Plants: Coverage sufficient to prevent back erosion and flood damage, recommended at sixty-five (65) percent. 2. Container Plants: Ninety (90) percent survival of all tree plantings and eighty (80) percent survival of all shrub plantings. If the percent survival has not been achieved, any replanting necessary to achieve this standard shall be performed. If an acceptable growth rate in height has not been achieved, the Project Biologist may recommend additional remediation measures. 3. Achieve at least five percent natural recruitment of native plants (either at least five species present or five percent cover from volunteers). If this is not achieved, the Project Biologist may require remedial grading to divert more floodwater on site to promote natural recruitment or not re-seeding sparse cover areas. 4. Listed exotic weed species shall account for less than five percent cover and no mature specimens shall be present. C. Third Year Performance Standards: 1. Seeded Plants: Coverage sufficient to prevent bank erosion and flood damage, recommended at seventy (70) percent. 10 R:\CIP~PROJECTS~PW01 ~PW01-05\0105Maintag~mt.doc EXHIBIT A SCOPE OF WORK 2. Container Plants: Ninety (90) percent survival of all tree plantings and eighty (80) pement survival of all shrub plantings. Seventy (70) pement cover of all tree and shrub plantings including volunteers. Replanting shall be performed as necessary to achieve these standards. All one-gallon cottonwood plantings shall achieve a height of at least ten feet. All willow species (excluding Salix exigua) shall achieve a height of at least seven feet, and Salix exigua shall achieve a height of at least four feet. If the minimum heights are not met, the Project Biologist may recommend additional fedilizer. D. Fourth Year Performance Standards: 1. Seventy-five (75) percent coverage of hydroseeded groundcovers. 2. Container Plants: Ninety (90) percent survival of all tree plantings and eighty (80) percent survival of all shrub plantings. Seventy-five (75) percent cover of all tree and shrub plantings including volunteers. Replanting shall be performed as necessary to achieve these standards. All one-gallon cottonwood plantings shall achieve a height of at least 13 feet. All willow species (excluding Salix exigua) shall achieve a height of at least nine feet, and Salix exigua shall achieve a height of at least five feet. If the minimum heights are not met, the Project Biologist may recommend additional fertilizer. E. Fifth Year Performance Standards: 1. Seeded Plants: Eighty (80) percent coverage. 2. Container Plants: Ninety (90) percent survival of all tree plantings and eighty (80) percent survival of all shrub plantings. Eighty (80) percent cover of all tree and shrub plantings including volunteers. Replanting shall be performed as necessary to achieve these standards. All one-gallon cottonwood plantings shall achieve a height of at least 16 feet. All willow species (excluding Salix exigua) shall achieve a height of at least 11 feet, and Salix exigua shall achieve a height of at least six feet. If the minimum heights are not met, the Project Biologist may recommend additional fertilizer. 11 R:\CIP~PROJECTS~PW01 ~PW01-05\0105Maintagnnt.doc EXHIBIT B PAYMENT SCHEDULE MAINTENANCE OF THE Environmental Habitat Created within the Long Canyon Detention Basin PW01-05 Exhibit B Payment Schedule Construction Inspection $1,700.00 Maintenance Year 1 $9,140.00 Maintenance Year 2 $6,700.00 Maintenance Year 3 $5,400.00 Maintenance Year 4 $2,600.00 Maintenance Year 5 $600.00 Total: $26,140.00 12 R:\CIP~PROJECTS~P W01 ~PW01-05\0105 Maintagrmt.dec ITEM 10 TO: FROM: DATE: SUBJECT: APPROVAL ~'~//, ,..~"~ CITY ATTORNEY ~ DIRECTOR OF FINANCE.,..¢:~_ CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT City Manager/City Council /~,,~AWilliam G. Hughes. Acting Director of Public Works/City Engineer July,24 2001 Temecula Valley - La Serena Way Storm Drain, Stage 2, Project No. 7-0- 0315, Tract Map No. 23371-11 - Cooperative Agreement PREPARED BY: 1~7 Ronald J. Parks, Deputy Director of Public Works --Gerald L. Alegria, Senior Engineer RECOMMENDATION: That the City Council: Approve the Margarita Road - Temecula Valley - La Serena Way Storm Drain, Stage 2, Project No. 7-0-0315, Tract Map No. 23371-11- Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, the City of Temecula, and M.A. Temeku Hills Development LLC. Authorize the execution of such agreement in its final form by the Mayor, City Attorney, and City Clerk. BACKGROUND: Tract Map No. 23371-11 is located at the southwest corner of La Serena Way and Meadows Parkway, a portion of the Temeku Hills Development. As a condition of approval, the developer must construct certain flood control storm drain facilities in order to provide flood protection for this planned development. The required facilities to be constructed include approximately 450 lineal feet of underground concrete pipe as shown on Exhibit "A". Pursuant to the Cooperative Agreement, the developer will construct said facilities, and the County Flood Control District will assume ownership and maintenance responsibility of mainline storm drain improvements. Furthermore, in accordance with the cooperative agreement, County Flood Control District will review and approve all construction plans associated with the storm drain improvements, inspect the construction of the project (County and City Inspectors will have indirect contact with the contractor via District Inspectors), and accepts ownership and responsibility for the operation and maintenance of La Serena Way Storm Drain, Stage 2 after construction. Participation by the City includes the review and approval of plans and specifications prepared by the Developer, granting permission to the County Flood Control District to inspect, operate and maintain La Serena Way Storm Drain, Stage 2 within City rights of way, and acceptance of the operation and maintenance of all inlets and connector pipes located within City rights of way. 1 R:'~AGDRP~2001\O724~TR23371olICOOP.AGR.doc The City will accept and hold Faithful Performance and Labor and Material Bonds for the storm drain improvements. Following City Council adoption of the Cooperative Agreement, it will be sent to the County Flood Control District and County of Riverside Board of Supervisors for their approval. FISCAL IMPACT: None Attachments: 1. Location Map (Exhibit "A") 2. Cooperative Agreement (4 copies) 2 R:~,GDRPT~20OI~0724\TR23371-I I COOP.AGR.dcc 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 FLOOD ADDENDUM TO AGREEMENT This Addendum to the Agreement, by and between the RIVERSIDE COUNTY CONTROL AND WATER CONSERVATION DISTRICT, hereinafter called "DISTRICT", the CITY OF TEMECULA, hereinafter called "CITY" and M-A TEMEKU HILLS DEVELOPMENT LLC, a Delaware limited liability company, hereinafter called "DEVELOPER", is hereby made and entered into as follows: RECITALS A. On November 14, 1989 the DISTRICT, the COUNTY OF RIVERSIDE, hereinafter called "COUNTY" and MARGARITA VILLAGE DEVELOPlvlENT COMPANY, a California Venture, by The Buie Corporation, a California corporation, hereinafter called "BUIE" entered into a certain Agreement, hereinafter the "AGREEMENT", under which as a condition of approval for Tract No. 23371, BUIE was to construct cer~aln flood control facilities; and to deposit funds with DISTRICT to cover the costs of plan review, construction inspection, and operation and maintenance of said facilities; and DISTRICT was to provide plan review and approval, construction inspection and to also operate and maintain said facilities; and B. On April 18, 1996, the United States Bankruptcy Court Central District of California pursuant to Case No. SB94-26832-MG, issued an order giving notice of the "Sale Order" entitled "Order Approving Debtor's Motion To Sell Real Property Free And Clear Of Liens And Interests; And Order Approving Mutual Release And Settlement Agreement." The Order provided for, among other things, the sale of certain real property owned by BUIE, together with a leasehold interest, for Tract Numbers 23371-1, 23371-2, 23371-3, 23371-4 and 23371-5 to McMillin Project Services, Inc., or its assignee, all on the terms, covenants and conditions set forth in the Sale Order. McMillin then named Temeku Hills Development Partners, L.P., (TEMEKU) a California limited partnership as its assignee and the party to which -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 title to the Real Property was to be conveyed. On March 19, 1999, TEMEKU merged and became M-A Temeku Hills Development LLC, a Delaware limited liability company; and C. CITY incorporated on December 1, 1989 and therefore by operation of law, CITY is the successor of the obligations and commitments of COUNTY; and D. The parties hereto desire to enter into this Addendum to AGREEMENT in order to provide for the construction, operation and maintenance of approximately 450 lineal feet of additional underground concrete pipe, as shown in concept in blue on Exhibit "A",-page 2 of 2, attached hereto and made a part hereof. Hereinafter the additional underground concrete pipe is included in and added to "STORM DRAINS"; and E. On August 16, 1999, DEVELOPER obtained an Entry Permit from the Metropolitan Water District of Southern California, hereinafter "MWD", for constructing a portion of STORM DRAINS on MWD property; and F. DISTRICT, DEVELOPER and LENNAR LAND PARTNERS II, a Florida general partnership, hereinafter called "LENNAR" executed a Right of Entry and Inspection Agreement on August 17, 1999 for construction of the additional 450 lineal feet of STORM DRAINS by DEVELOPER, and construction of La Serena Way Storm Drain Stage 3 by LENNAR. NOW, THEREFORE, in consideration of the promises, and mutual covenants and conditions hereinafter set forth, said AGREEMENT executed on November 14, 1989, is hereby amended as follows: 1. Paragraph "B" of the AGREEMENT RECITALS is changed to read: B. The required facilities include two underground concrete pipe storm drain systems, hereinafter called "STORM DRAINS", as shown in red -2- 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 and in blue on Exhibit "A" attached hereto and made a part hereof; and 2. Exhibit "A", page 2 of 2, attached hereto is hereby added to Exhibit "A" of the AGREEMENT. 3. Exhibit "B", page 5 of 5 attached hereto and by reference incorporated herein is hereby added to Exhibit "B" of the AGREEMENT. Except to the extent specifically added to, modified or amended hereunder, all of the terms, covenants and conditions of AGREEMENT dated November 14, 1989, shall remain in full force and effect between the parties hereto. // // 1N WITNESS WHEREOF, the parties hereto have executed this Addendum to Agreement on (to be filled in by Clerk of the Board) RECOMMENDED FOR APPROVAL: By DAVID P. ZAPPE General Manager-Chef Engineer APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel JOE S. RAI~K' Assistant County Counsel Dated '~ [! ~- 10 I RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By. JAMES A. VENABLE Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: GERALD A. MALONEY Clerk of the Board By Deputy (SEAL) -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 RECOMME]NI~ED FOR APPROVAL: By~_d& WILLIAM HUGHES Public Works Director APPROVED AS TO FORM: By PETER M. THORSON, City Attorney AAM:DVA:mcv PC\60141 02/28/2001 CITY OF TEMECULA By SHAWN D. NELSON, City Manager ATTEST: By. SUSAN W. JONES, CMC/AAE, City Clerk M-A TEMEKU HILLS DEVELOPMENT LLC, a Delaware limited liability company By: McMILLIN-AMERICAN LLC, a Delaware limited liability company, Its Managing Member By: McMILLIN-COMPANIES, LLC, a Delaware limited liability company Its Managing Member Title ,._~m,~ot~ ~,'. /9. -4- EXHIBIT "A" 2OF2 EXHIBIT "B" 5OF5 :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ personally appeared'~-~ 0 ¥~'.-, ~ersonally known to me [] proved to me on the basis of satisfactory evidence (~ ~"*-: ,~NOTARY PUBLIC-CALIFORNIA · :"~-'&-~ SAN DIEGO COUNTY to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. Signature'of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document.. Title or Type of Document: t~/~[. I ~,~/~/,_ ~....~. T~a?,~O"7'/ Document Date; Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer is Representing: Top of thumb here ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE~_. CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council "~William G. Hughes, Director of Public Works/City Engineer July 24, 2001 Tract Map No. 23143-5, now in conformance with its original approval, Located South of Pauba Road, East of Butterfield Stage Road, and North of De Portola Road PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Ward B. Maxwell, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve Tract Map No. 23143-5 Approve the Subdivision Monument Agreement and accept the Monument cash deposit as security for the agreements. BACKGROUND: Vesting Tentative Tract Map No. 23143-5 was originally approved by the Riverside County Board of Supervisors on August 16, 1988. The map has been extended five times. The Planning Director approved the Second Extension of Time on July 16, 1992, the Third Extension of Time on September 17, 1998, and the Fourth Extension of Time on September 13, 2000. The Fifth and final extension of time was approved on February 15, 2001 by the Planning Director, expiration date being August 18, 2001. The Developer has met all of the Conditions of Approval. This final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State law. Final Tract Map No. 23143-5 is a nineteen-acre property with a school site, park site, and open space area. The tract is located South of Pauba Road, East of Butterfield Stage Road, and North of De Portola Road. The site is currently undeveloped. Old Kent Road runs along the northwesterly portion of Tract Map No. 23143-5. A separate bond for the construction of Old Kent Road in the amount of $194,000.00 has been posted as security for street, drainage, and water improvements. This Bond was accepted during the April 26, 2001 council meeting associated with the park improvement requirements within the Crowne Hill Development. A separate cash deposit for the street and map monumentation in the amount of $5,125.00 has been posted. These bonds will not be released until all improvements and monumentation have been accepted. The following fees have been deferred for Tract Map No. 23143-5: Riverside County Flood Control District (ADP) Fee due prior to issuance of Building Permit. Development Impact Fee due prior to issuance of Occupancy. 1 r:~agdrpt~O01 \0724~23143-5 FISCAL IMPACT: None ATrACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 23143-5 2 r:~agdrpt~001\0724~3143-5 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23143-5 DATE: July 17, 2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR MONUMENT SECURITY SECURITY SECURITY Streetand Drainage $ 155,500 $ 77,750 Water $ 38,500 $ 19,250 Sewer $ N/A $ N/A TOTAL $ 194,000 $ 97,000 $ 5,125 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. * To be paid prior to Building Permit ** To be paid prior to Occupancy $ 0.00 $ TBD* $ TBD** $ 104.00 $ 8.00 $ 810.00 $ 256.25 $ 1178.25 $ o 3 r:~.gd rpt~001~0724~3143-5 eE~ E~ 'ON 1:~¥~1 Z I,I 909~"?'~7240 R.B.F, '~ p'~d JUL ,tg ',~.L CITY OF TEMECULA SUBDIVISION MONUMENT AGREEMENT DATE OF AGREEMENT: NAM.EOF SUBDIVII)ER: ~__~.~.~,~C (referrext to as "SUBDIVIDER") (referrexi to as .SUBDIVISION") TP,.ACT NO.: TENTATIVE MAP P,.ESOLUTION OF APPROVAL NO,: (referred to ~s "Resolution of Approval") ESTIMATED TOTAL COST OF IMPROVEMENTS: ESTI1MATED TOTAL COST OF MONUMENTATION: COMPLETION DATE: ] - c5 / -~J 3 NAME OF SURETY AND BOND NO. FOR SUBDIVISION MONUlViENT BOND: SUBDIV~$10N ~ONUMI~NT A~RE~VL~NT This agreement is made and entered into by and between the City ofTemecula, Ca.~ifomia, a Municipal Corporation of the State of California, hercinaher referred to as CITY, and the SD'BDIMrlDER. P~CrrALS SUBDIVID~has presented to CITY for approval and recordation, a ritual subdivision map of a proposed subdivision pursuant to provisions of thc Subdivision Ivl~p Act of tho 8Uat¢ of California and the CITY ordinances and regulations relating to th~ ~ling, approval and recordation of subdivision maps. The Subdivision Map Act and tha CITY ordinmccs and r,gulations relating to the filing, approval and recordation of subdivision amps are collect/rely referred to in this agreement as the "Subdivision Laws". A tentative map of the SUBDMSION has been approved, subject to frae Subdivision Laws and to the requkements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is imcorporated into this agreement by reference. Thc Subdivision Laws establish as a condition precedent to the appr0v~al of a final map that sUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the impr<>vemants and land development work required by the Subdivision Laws and the Rcsolutioaa of Approml or, ('b) have entered into a secured agreement with CITY ~o complete the improvements md land development within a period of time specified by CITY. In consideration of approval of a final map for the SUBDFVISION by the City Cotmoil, SUBDIVIDER desires to enter into this agreement, wher,by SUBDrVIDER promises to install and complete, at SUBDIVIDER'S own expense, all monumentati~a required in cormcotion with the proposed subdivision. SUBDIVIDER. hz ~ecuco:l this agreement by improvement security required by the Subdivision Law~ and approved 'by the City Attorney. For the purpose of this agreement, the only improvements that remain to be completed for this unit is installation of thc subdivision monumentation, md Aimprovemauts as usedthroughom this agreement implies said monumental/on. An estimate of the cost of the Subdivision Monumentation, has been m~ade and have been approved by the Cit? Engineer. The estimated amount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit "A" TO this agreement. SUBDIVIDER recognizes that by approval of the Mal map for SUBDMSION, CITY has conferred substantial fights upon SUBDIVIDER, melucling the right to ~eI1, lease, or finance lots within the SUBDMSION, and has taken the final act necessm3, to s~bdivide the property within the SUBDIVISION. As a result, CITY will be damaged to th,'- extent of the cost of installation of the improvements by SUBDIVIDER'S failure to perfoma it~ obligations under this agreement, including, but not limited to, SUBDIVIDER*S obligation to complete installation of the Subdivision Monamentation by the time established in this agreement. CITY shall be entitled to all remedies available to it pursuant to ~is agreement md the Subdivision Laws in the event ora default by SUBDIVIDER. It is specifically recognized that the detem'dnation of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SU'BDIVIDF.[R shall be within the sole discretion of CITY. 90~6767240 R.B.F. ?20 P~4 JUL lB '01 13:15 SUBDIVISION MONUMENT AGI~£M'ENT NOW, TI-IER_EFORE, in considerafion of the spproval and recordation by lhe City Council of the final map of thc SUBDMSION, SUBDIVIDER and CITY agree ~s follows; 1. SU]~IDJVII)ER'S Ob[i.gations tO Construct Ir~rovcments- SUBDIVIDIER shall: a. Install all SUBDMSION monuments required by ]aw within etighteen (18) months of the date ofthi~ agreement, Nothing in this Section 1 shall be construed as authorizing or granting an ex'tension oft/me to SUBDIVIDEtC ~ SUBDIVIDER shill at all times guarantee SUBDIVIDER'S performance of this agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes amd in the amounts as follows: Good and sufficient security in the amount o.f 100% of the estimated cost of setting subdivision monuments as stated preViOUSly in this agreement. The securities required by this agreement shall be kept on file with the City Clerk. The xerms &the s~curity documentS referenced on Page 1 of this agreement are incorporated into this agreement by this reference. If any security is replaced by another approved security, the replaeemem shall be filed w/tin the City Clerk and, upon filing, shall be deemed to have been made apart of and incorporated into this agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 3. InSpection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the monumentation by CITY inspecaor. Upon completion of the work the SUBDIVIDER my request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determine that the work has been completed in accordance with this agreement, then the City Engineer shall certify the completion of the monumentation to the City Council- SUBDIVIDER shall bear all costs of inspection and certification. 4. Release of Securities. Subject to approval by the City Council of CITY, the securities ~-equired by this agreement shall be released as follows: a. Security given for installation of the Subdivision Monuments.rich shall be released upon the final completion and acceptance of the act or work. 5. .Injury to Public Improv_,,~ne~tx, ]public PmnelW or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the c.ase may be, all public improvements, public utilities facilities and surveying or subdivision monuments which arc destroyed or damaged as a result of any work under this agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this agreement, whether such property is owned by the United States or any agency thereof, or tho State of Cahfomia, or any agency or political subdiVision thereof, or by the CITY or any px~blic or private utility corporation or by any combination of such owners. Any repair or repl~cement shall be m the satisfaction, and subject to the approval, of the City Engineer. 909~767~40 R.B. F~ ?~ p~ JUL lJ ' ~1 l J: iJ SUBDIVISION MONUM.~.NT ACREEMI~NT , 6. Pc----~ts' SL~BDIVIDER shall, at s~D~ER'S ~xpens~, ob~n all p~u~ats ~d licenses for ~e ~ns~on ~d in~Mlafion of the improvements, ~ve all necessa~ notices and pay all fees and t~cs required by law. Def~.ull of S~.YBDIVIDER. Default of SUBDIVIDER shal! include, but not be hraited to, SUBD1VIDER'S failure to timely commence consl~uetion of this agreement; SUBDIVIDER'S failure to timely ccmple~;e installation of the monumentation. SUBDIVIDER'S insolvency, appointment cfa receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDI'VIE)ER fails to discharge within thi;ty (30) days; the corFu~eneem~t of a foreelosurc~ action against the S~,FBDIVISION or a portion thereof, or any conveyance in lieu or in avoiflanee of foreclosure; or $1.YBDIVIDER'S failure to perform any other obligation under this agreement. The CITY reserves to itsetf all remedies available to it at law or in equity for breach of SUBDiVIDEK'S obligations under this agreement. 'lhe CTTY shall have the right, subject to this section, to draw upon or utilize the appropnat~ security to mitigate CITY damages in event of default by SUBDIVIDER- The right of CITY to draw upon or utilize the security is additional to and nol in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costS and security amounl.~ may not reflect the actual cost of installation of the improvemunt~ and, therefore, CITY damages for SUBDI~rIDEK'S default shall b~ measured by thc cost of completing the required nnprovementS. The surr~ provided by the improvement security may be used by CITY for the completion of the public improvements in accordance w~th the final map and specifications eonlained b. ercin. In the event of SUBDIV1DER'S default under this agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after nxailing written notice of default to SUBDI~ER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such peribrmance by CITY. CITY may take over the work ~nd prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of gUBDIVIDEK, and SUBDIVIDER'S Surety shall be liable to CITY for an)' excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such matehals, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work, Failure of SUBDIVIDER to comply with the terms of this ag-reement shall constitute consent to the filing by CITY of a notice of violauon againsl all the Iota in the SUBDIVISION, or to ~eseind the approval or otherwise rev~.'ta the sUBDIVISION to acreage. The remedyprovided by this Subsection c is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of C1TY. In the ~vent that sUBDIVIDER fails to perform any obligation hereundeT, SUBDIVIDER agrees to pay sfi costs and expenses incurred by CITY in securing performance of such obligationS, including costs of suit a.r~d reasonable attorney's SI. IBDIVISION MONUMENT AGREEMENT 10. 11. 12. 13. g. The failure of CITY to take an enforcement action with re.erSt to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. SUBDIVEDER Not Agent of CITY. Neither SUBDIVIDER nor any ef SLIBDIV[DER'S agents or contractors are or shall be considered to be agents ofCl Y in connection with thc performance of SI.~3DIVIDER'S obligations under this agreement. Ini.u._ry to Work. Umil such time as the improvements are accepted by C 1TY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the installed improvements. Llntil such ti me as all improvements required by this agreement are fully completed and accepted by CITY, SIH3DIVIDER will be responsible for the care, maintenance of, and any damage to such improvement. CITY shall not, nor shall any officer or employee thereof, be liable or responsible lbr any accident, loss or damage, regardless of cause, happening or occarring to the work or improvements specified in this agreement prior to the completion and acccptmacc of the work or improvements, Ali such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER, Otb. er Agreements, Nothing contained in this agreement shall preclude <:ITY from expending monies pursuant to agreements concurrently or previously executed between the pm-ties, or from entenng into agreements with other subdividers for the apportionxnent of costs of water arid sewer mains, or other improvements, pursuant to the prOViSions t~f the CITY ordinance providing therefore, nor shall anything in this agreement commit ClTY of any .~uch apportionment. F~inal Ag,e_entance of Work~. Acceptance of the work on behalf of CIT'~ shall be made by City Council upon recommendation of the City Engineer afl.er final compl~mion and inspection of all monamentation. The City Council shall act upon the Enl~neer's rc:cnmmcndation within thirty (30) day~ from the date the City Engineer certifies that the 'work has been finally ct~mpleted, as provided in Paragraph 3. lnde~_nn!ty/Hold Harmless. CITY or any officer or employee thereof shall not be liable any injury to persons or property occasioned by reason of the acts or omissitms of SLIBDIVIDER, its agents or employees in the performance of this agreement. SLIBDIV [DER further agrees lo protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising om of, acts or omissions of SUBDIVIDER, its agents or employees in the perfunnance of this agreement, including all claim~, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the installatiOn or review of the improvemencq- Provisions oft}lis paragraph shall remain in full force and effect for ten years f~allowing the acceptance by the CITY of improvements- It is the intent of this section that SUBDIVI'DER shall bc responsible for all liabili~ for installation and inspection of the improvements installed or work done pursuant to this agreement and that CITY shall not bc liable for any negligence, nonfeasance, misfmsance or malfeasance in approving reviewing, checking, or corr~eung any map or specifications or in appromng, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph: Sa)e or Disposition of SUBDI'V'ISION~;. Sale or other disposition of thi~ property will not relieve SUBDIVIDER from the obligations set forth herein. If SIlBDIVIDER sells the properly or any por~ion of the property within the SIJBDIVISIONI to any other person, the SUBDIVIDER may request a novation of this agreement and a subslilution of security. Upon ~UB~]VI$1ON MONUM~31~qT ~(~RE~M!~NT 18. ~ The provisions o£this agreement are severable. ~f ~.ny po~on of this agreement is held invalid by a court of eompeten~ jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual eonsem of the parties. 19. Captions___~. The captions of this agreement are for convenience and refer~mce only and shall not define, explain, modify, bruit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this agreement. 20. Litigation or A~'bitration. In the event that suit or arbitration is brought to enforce the terms of this conUaet, lhe prevailing party shall be entitled to litigation costs and r~asonable attorneys' fees. 21. Incorporation of Re~i~]s, The Recitals to this agreement are hereby incorporated into the terms of this agreement, 22. l~nfire~Agreement This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives oft.he pm'ties. In the ease of the CITY, the appropriate party shall be the City Manager. SUBDIVISION MONUMENT AGREEMENT approval of the novation and substitution of securities, the SUBDINIIDER may request a release or reduction of the securities required by this agreement. Nothing in the novation shall reheve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 14. Time of the Essence. Time is of the essence of this agreement. 15. Time for Completion of Work/Time Extensions. SUBDIVIDER shall complete conslruction of the improvements required by this agreement within eighteen (18) months of this agreement. In the event good cause exists as determined by the City Eragineer, the time for completion of the improvements hereunder may be extended. The extensSon shall be made by writing executed by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's Surety and shall not affect the validity of this agreement or release the Surety or Sureties on any security given for this agreement. The City Engineer ~hall be the sole and final judge as to whether or not good cause has been shown to entitle ~LrBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasoraable foreseen, or by storm or inclement weather which prevent the conducting of work, and wlaich were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Eragineer may require SUBDIVIDER to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any in¢lease in cons~uction costs as deterrmned by the City Engineer. 16. No Vesting of Rights. Performance by SUBDIVIDER of this agreement shall not be construed to vest SUBDIVIDER'S fights with respect to any change in amy zoning or building law or ordinance. 17. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if rraailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: William G. Hughes, Director of Public Worlds/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: 6 SUBDrV1SIqN MONUMENT AGREEMENT IN WITNESS WHEREOF, this agr¢om~nt is exocut6d by CITY, by and througi~ its Mayor. SUBDMDER__ ~ Z- ~, ~,/-~7-z~ CITY OF TEMECULA B. ~La~o ~ ~y: ..... Jeff Comerchero, Mayor' Ti.e: ~ ?z~,,; ~ "~ ,~e ,,a_,~ e,-,~,~ ~- By: Name: Title: (Proper Notarization of SUBDIVIDER's signature is r~quired and shall be attached) RECOMMENDED FOR APPROVAL: William O. Hu~hcs, Direc. tor of Publ~e Worl~lCtty Engineer APPROVED AS TO FORM: By: P~ter M. Thorson, 6"/ty AttornO: ATTEST: Susan W. Jones, CMC City Clerl~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca lifo, rNa Countyo, _~!V~ personally appeared Place Noim7 Seal Above [] proved to me on the basis of satisfactory evidence to be the person(¢ whose name(~ is/a)~ subscribed to th~~ within instrumebt and acknowledged to me ~hat ~/she/th~ executed the same in h~her/th~ authorized capacity(i~, and that ~ ~/her/th~ signature(~n the instrument the pe/~son~,~r the entity upon behalf of which the person~ acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descripti°n of Attached Dd~;~rr)e~/'~/' / * '"'~ ~' '^ ~ % Title or Type of Document: ~, J)~[ J(/t L¥ [~_! L)[! ///~(//~;¢¢"~_',~'J{'- Document Date: "'~ ~( ('~ Number of Pages: ~ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner-- E] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1997 National Notary Asscciation - 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 Prod No. 5907 Reorder: Call Toll-Free 1~00-876~827 ITEM 12 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~ I DIRECTOR OF FINANCE ~ I CITY MANAGER ~ I CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Director of Public Works/City Engineer July 24, 2001 State Transportation Improvement Program (STIP) Discretionary Fund Application - Cherry Street Southbound Off Ramp Improvement Project PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: Receive and file this report regarding our 2002 State Transportation Improvement Program (STIP) Discretionary Fund application for the Cherry Street Southbound Off Ramp Improvement Project and authorize the Director of Public Works to forward said application to the Riverside County Transportation Commission. 2. Adopt a Resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE APPLICATION TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR 2002 STATE TRANSPORTATION IMPROVEMENT PROGRAM DISCRETIONARY FUNDS FOR THE CHERRY STREET SOUTHBOUND OFF RAMP IMPROVEMENT PROJECT BACKGROUND: The State Transportation Improvement Program (STIP) is a multi-year capital improvement program of transportation projects on and off the state highway system, funded with revenues from the State Highway Account and other funding sources. Last month, the Riverside County Transportation Commission approved the release of a Call for Projects to be funded by 2002 STIP dollars. The Public Works Department has prepared a grant application request that we believe meets the goals of the STIP funding program. Our grant application seeks $750,000.00 in STIP funds to construct a new off ramp that will allow southbound traffic to exit Interstate 15 directly onto Jefferson Avenue, north of Winchester Road. The Cherry Street Southbound Off Ramp Improvement Project would be the first phase of the ultimate interchange improvements and ramp modifications associated with the future Date/Cherry Street Interchange and the existing Winchester Road Interchange. The project will also include the construction of curb and gutters, pavement, sidewalks and a new traffic signal at Jefferson Avenue. R:\agdrpt\01\0724\STIP2002.grantsupport 1 If our grant application is successful, the Cherry Street Southbound Off Ramp Improvement Project will facilitate cooperative efforts between the City of Temecula, Caltrans and the City of Murrieta to reduce traffic congestion, enhance safety conditions and provide access and infrastructure improvements necessary to support future development along Jefferson Road and the 1-15 corridor. FISCAL IMPACT: The City of Temecula has identified the proposed Cherry Street Southbound Off Ramp Project improvements within it five-year capital improvement program for FY 2002-2006. Development Impact Fees and Capital Project Reserves in the amount of $3.9 million have been identified to fund the cost of administration, design and construction of this project. If our STIP grant application is successful, $750,000.00 in capital reserve funds could be used for the remaining project phases associated with the long-term interchange improvements and ramp modifications proposed in this area. ATTACHMENTS: 1. Resolution No. 2001- 2. SiteNicinity Map R:\agdrpt\01\0724\STIP2002.grantsupport 2 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE APPLICATION TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR 2002 STATE TRANSPORTATION IMPROVEMENT PROGRAM DISCRETIONARY FUNDS FOR THE CHERRY STREET SOUTHBOUND OFF RAMP IMPROVEMENT PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The State Transportation Improvement Program (STIP) is a multi-year capital improvement program of transportation projects on and off the state highway system, funded with revenues from the State Highway Account and other funding sources; and Section 2. Approximately $18 million in STIP funds is estimated to be available for jurisdictions having eligible transportation projects within Riverside County; and Section 3. The existing southbound off ramp at Winchester Road does not adequately handle current traffic levels, nor will it acceptably serve future demands; and Section 4. The proposed Cherry Street Southbound Off Ramp Improvement Project represents the first phase of ultimate interchange improvements and ramp modifications planned in the area; and Section5. The construction of the Cherry Street Southbound Off Ramp Improvement Project will provide significant safety and operational improvements for southbound traffic exiting Interstate 15, and promote economic viability along Jefferson Avenue and the Interstate 15 corridor; and Section 6. The Cherry Street Southbound Off Ramp Improvement Project is estimated to cost $3.9 million. Development Impact Fees and Capital Project reserves reduce the City's STIP funding request to $750,000.00; and Section 7. The City Council of the City of Temecula hereby endorses and supports the application to the Riverside County Transportation Commission for the construction of the Cherry Street Southbound Off Ramp Improvement Project to relieve traffic congestion, enhance safety conditions and provide improved access and infrastructure to support economic development along Jefferson Avenue and the 1-15 corridor. Section 8. Resolution. The City Clerk shall certify to the passage and adoption of this PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 24~ day of July 2001. Jeff Comerchero, Mayor R:~agdrpt\01\0724\STIP2002.grantsupport 3 ATTEST: Susan W. Jones, CMC City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 24th day of July, 2001 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Susan Jones, CMC City Clerk R:\agdrpt\01\0724\STIP2002.g rantsupport 4 ITEM 13 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council ~fl/_.)/~,William G. Hughes, July 24, 2001 APPROVAL~'~,,~"'-" CITYATTORNEY DIRECTOROFFINANCE~ CITY MANAGER Director of Public Works/City Engineer Professional Services Agreement - EDAW. Inc. Biological Observations & Monitoring - Long Canyon Detention Basin Project No. PW01-05 PREPARED BY: Greg Butler, Senior Engineer- Capital Projects RECOMMENDATION: That the City Council approve a five (5) year Professional Services Agreement with EDAW, Inc. for a total not to exceed amount of $58,539.00 and authorize the Mayor to execute the agreement. BACKGROUND: In October of 1999, the City entered into an agreement with Woodside Homes to accept the 5-year maintenance and monitoring requirements of the Long Canyon Detention Basin environmental mitigation area. The mitigation area was set up to satisflj the conditions of the Army Corp of Engineers permit issued for the Campos Verdes Development. The City does not have a staff biologist to complete the necessary monitoring, plant surveys and reporting to the Army Corp. Therefore RFP102 was issued to solicit proposals from qualified Environmental/Biological consultants. Of the five (5) consultants solicited, EDAW was the only firm to respond to the City's RFP. EDAW, formerly KEA Environmental, has done similar work for the City relating to the Pala Road Bridge Replacement project. The negotiated fee is consistent with the amounts charged for the Pala Road Bridge Project. Because Woodside Homes will begin work on the environmental mitigation site mid July 2001 there is insufficient time to solicit additional proposals. Because the Army Corp permit requires the mitigation site to be monitored for a period of 5-years, EDAW has prepared cost estimates to complete the entire 5-year monitoring obligation. The total cost has been broken down to the cost for the construction period and then costs for each of the 5- years required by permit. This initial contract will cover the biological observation work necessary for the actual construction of the mitigation site as well as the first year's monitoring and reporting. Amendments to this original contract will be brought to council annually for the remaining four years. The total cost of the necessary biological monitoring and reporting to the Army Corp. over the 5 year period will be $58,538.00. FISCAL IMPACT: Adequate funds are available in the Public Works FY2001-2002 Operating Budget in Account, No. 001-164-601-5275 for the first year of this agreement in the amount of $18,246.00. Subsequent fiscal appropriations will be necessary for each of the following four (4) years. ATTACHMENT: Agreement 1 R:~AGDRPT~2001\0724\EDAW Long Cyn Agree. DOC CITY OF TEMECULA PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL OBSERVATIONS & MONITORING LONG CANYON DETENTION BASIN THIS AGREEMENT, is made and effective as of July 24, 2001, between the City of Temecula, a municipal corporation ("City") and EDAW, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 24, 2001, and shall remain and continue in effect until June 30, 2007, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Eight Thousand Five Hundred Thirty Eight Dollars and No Cents ($58,538.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. I r:~a_qrrnr~MISCAGRMT~EDAW Lon~ Canyon a{:ln-nt b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which am in addition to those set forth herein, unless such additional services are authorized in advance and in writing bythe City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's wdtten authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum (basic agreement amount and contingency amount) exceed twenty-five thousand dollars ($25,000.00). c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any mason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. r;,~aarrnt~41SCAGRMT~EDAW Lono Canyon aormt 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a pedod of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the wdtten consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability adsing out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. r:~arrnt\MI$CAGRM'r~EDAW Lena Canyon aorrnt (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities per[ormed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, headng or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's dght to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: EDAW, Inc. 1420 Kettner Boulevard, Suite 620 San Diego, California 92101 Attention: Jack L. White, Vice Prasident/Principal 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All pdor or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OFTEMECULA Jeff Comemhero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT EDAW, Inc. 1420 KeEner Boulevard, Suite 620 San Diego, CA 92101 (619-) 233-1454 Jack L. White, Vice President/Principal By: Name: Title: (Signatures of two corporate officers required for Corporations) 8 r:~a~rmt'dvtlSCAGRMT~EDAW LonQ CanYon a(~rmt EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE 9 r:~agrmt\MISCAGRM'r~EDAW Long Canyon agrmt EDAW INC 1420 KETTNER BOULEVARD SUITE 620 SAN OIEGO CALIFORNIA 92101 TEL 619 233 1454 FAX 619 233 0952 www.edaw.com UNITED STATES EUROPE AUSTRALIA ASIA June 26, 2001 Mr. Greg J. Buffer, P. E City of Temecula Department of Public Works 43200 Business Park Drive Temecula, California 92590 Subject:. Environ.mental Monitoring for the Long Canyon Detention Basin- Submittal of Scope and Cost Proposal Dear Mr. Butler: In response to the City of Temecula's (City) Request for Proposal (RFP) No. 102 dated May 23, 2001, EDAW, Inc. (EDAW) submitted a proposal to the City dated June 5, 2001 with estimated man-hours, certificate ot insurance and other requested information. We were pleased to receive your e-mail message on June 8, 2001 indicating we have been selected to perform the environmental monitoring and reporting for the 3.12-acre mitigation site. In response to your request, herein is a follow-up detailed scope and cost proposal. Scope of Work EDAW will provide qualified restoration ecologists to perform monitoring and reporting services described in the Habitat MJtl'gab~n and Mozfftoring Plan - Camyoos Verdes Development Project and Mutrieta .rl Project (Robert Bein, Frost & Associates 1997) and listed under Scope of Services in the City's RFP No. 102. EDAW will furnish all materials and equipment necessary to perform the environmental monitoring services (e.g., vehicles, video camera, and flagging). Based on our understanding of the project, our services will be required between the later half of 2001 through 2007. Within this proposal, the scope of work is divided between two prLmary tasks: Task 1: Pre-Construction Conference and Installation/Establishment Monitoring and Task 2: Five Years of Monitoring and Reporting. Task 1: Pre-Construction Conference and Installation/Establishment Monitoring EDAW shall attend a pre-construction conference to review the project schedule, expectations, and communication protocols. The primary components that will be monitored as part of project implementation include exotic species removal native plant installation, and installation of the irrigation system. EDAW shall video and still photograph construction progress; perform on site observations as a basis of determining that the project is proceeding in accordance with project permit conditions; make recommendations in writing regarding requests of the installation/maintenance Contractor for modifications in the plans and DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE Mr. Greg J. Butler, P. E City of Temecula Department of Public Works June 26, 2001 Page 2 specifications; prepare and submit to the Contractor a list of items requiring correction and verify that each correction has been made prior to the commencement of the plant establishment period (PEP); perform observations during and at the end of the PEP; and recommend that the City accept the site once all necessary items have been addressed. Our review of the Habitat Mitigation and Monitoring Plan - Campos VeJ'des Develqoment Project and Murdeta IIProject did not reveal the length of the PEP or how many environmental monitoring visits are expected during this period. Based on our experience with similar projects, we assume the PEP will be scheduled for 120 days and once installation is considered complete, environmental monitoring will be required on average on a monthly basis. Task 2: Five Years of Monitoring and Reporting At part of this task, EDAW will perform required horticultural and botanical monitoring; prepare five (5) annual reports; and communicate with the Army Corps of Engineers (ACOE) to help facilitate sign-off of the ACOE permit at the successful completion of the mitigation program. Horticultural monitoring assessing weeds, erosion, soil moisture and plant health will be performed twice a year for each of the five years. In accordance with the project's Mitigation and Monitoring Plan, permanent plots will be established in the site to collect data on native and non-native plant cover and survivorship of the container plants. Annual photographs will be taken of these plots. In accordance with the plan, during each year one sampling will occur in late spring (May or June) to collect cover data and one sampling will be done in the fall (November) to determine plant survival rates and additional planting needs. Annual monitoring reports will be prepared that will present horticultural and botanical monitoring results, photographs, an assessment of mitigation site progress relative to the project success standards, and any necessary remedial measures (e.g., replacement planting) to ensure the mitigation is successful. A draft of the annual report will be submitted to the City for review and comment, before it is finalized and submitted to ACOE. EDAW will coordinate with the City and communicate with ACOE to help facilitate sign-off of the ACOE permit when the mitigation is complete. Once project success standards have been achieved, EDAW will send a notice of completion to ACOE. As part of this scope, EDAW is available to meet onsite with ACOE to help obtain permit sign-off. Mr. Greg J. Butler, P. E City of Temecula Department of Public Works June 26, 2001 Page 3 Assumptions The scope of work will be completed prior to 2008. Monitoring and reporting beyond five years after installation (and the PEP) that may be necessary because of site neglect by the maintenance contractor or acts of nature, will constitute out of scope work. Copies of all relevant project background material (e.g., permits, aerial photographs, topographic base maps, landscape plans and specifications, etc.) will be provided to EDAW. 3. EDAW willbe granted unrestricted access to the site (e.g., keys to any gates). Cost Estimate We propose to perform the project and a Time-and-Materials basis, not exceed $58,538 without written authorization from the City. If there a significant change in site conditions that requires additional environmental monitoring oversight or a change in scope, EDAW will negotiate with the City for additional funds to cover these out of scope items. Attached is our 2001 Schedule of Fees. Due to the length of the project, we propose a 5 percent annual increase in our labor rates. The cost estimate herein reflects this annual labor rate increase. Task 1: Pre-Construction Conference and Inst~llation/Establishment Monitoring $7,007 Task 2: Five Years of Monitoring and Reporting Year One $11,239 Year Two $9,914 Year Three $8,986 Year Four $10,104 Year Five $11,288 Subtotal $51,531 Total $58,538 DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE Mr. Greg J. Butler, P. E City of Temecula Department of Public Works June 26, 2001 Page 4 If you have any questions concerning this proposal, please contact Jim Prine at (619) 233-1454. We assume for these services you would like to execute a City of Temecula contract. If you would like to execute an EDAW contract, we can forward you the terms and conditions for your review. Sincerely, Attachment: Current Billing Rate Schedule EDAW tNC 1420 KETTNER BLVD SUITE 620 ASIA SCHEDULE OF FEES Environmental Services Principal Senior Associate Senior Project Manager Senior Environmental Engineer Environmental Engineer Senior Environmental Specialist Senior Environmental Planner Environmental Project Manager Environmental Specialist Environmental Analyst Environmental Monitor Environmental Technician Bioloeical Resource Services Senior Biologist III $125 Senior Biologist 1I $100 Senior Biologist I $90 Biologist III $75 Biologist II $65 Biologist I $50 Biological Monitor $60 Biological Technician $40 Cultural Resource Services Principal Archaeologist $150 Senior Associate Archaeologist $110 Senior Archaeologist Il $105 Senior Archaeologist I $85 Project Archaeologist $75 StaffArchaeologist li $65 Staff Archaeologist I $60 Senior Architectural Historian $95 Historian $75 Crew Chief $55 Archaeological Monitor $55 Archaeological Technician II $50 Archaeological Technician I $45 Support Services $150 Administrative $65 · $130 Technical Editor $65 $110 Senior (3IS Specialist $90 $125 GIS Specialist $65 $85 (3raphic Artist $65 $100 Word Processor $55 $100 Clerical $45 $95 lntern $30 $75 $70 General Terms $60 EDAW 4x4 Vehicle Use $95.00 daily $40 $2,200 monthly EDAW Automobile Use $50.00 daily GPS System Use $75.00 daily ATV Use $30.00 daily Rangefinder Use $15.00 daily Binocular Use $15.00 daily Camera Use $15.00 daily Film Charge $5.00 per roll Cellular Phone $0.60 per min. Facsimile $0.50 per page Field Radio Use $15.00 daily Office Xerox Copies $0.10 per page Color Reproductions 8-1/2 x 11 $0.85 each 11 x 17 $1.15 each Color Plots 18 x 24 $8.00 each 24 x 36 $12.00 each 36 x 48 $16.00 each Other reimbursable expenses and subconsultants will be billed at cost plus 10%. Invoices will be submiRed monthly for work in progress unless otherwise agreed. Invoices are due and payable within 30 days after invoice date. DESIGN. PLANNING AND ENVIRONMENTS WORLDWIDE ITEM 14 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council APPROVAL ClTYATTORNEY ~ II DIRECTOR OF FINAR_C~ II CITY MANAGER /~/~J~William G. Hughes, Director of Public Works/City Engineer July 24, 2001 Professional Services Agreement for Design Services Fire Station Wolf Creek Site, Project No. PW01-11 PREPARED BY: Greg Butler, Senior Engineer - CIP RECOMMENDATION: That the City Council: Approve an acceleration of $100,000 from the Capital Improvement Program Budget for FY2002-2003 to the current FY2001-2002 budget for the Fire Station Wolf Creek Site, Project No. PW01-11. Approve a Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $159,500.00 to provide design services for the Fire Station Wolf Creek Site, Project No. PW01-11, within the planned Wolf Creek Development and authorize the Mayor to execute the agreement. Authorize the City Manager to approve amendments/change orders not to exceed the contingency amount of $15,950.00, which is equal to 10% of the agreement. BACKGROUND: The current CIP budget indicates an expenditure over a two (2) fiscal year period. In order to award the design contract for the Wolf Creek Fire Station, in the full contract amount plus have funds available for the contingency, and adequately provide for administration costs in this fiscal year, staff is requesting that the City Council accelerate the $100,000 obligation of Administration funds from Fiscal Year 2002-2003 to Fiscal Year 2001-2002 for a total of $105,730.00. In order to maintain the City's goal of a maximum 5-minute response time for emergencies, a new Heavy Urban Fire Station is needed in the southern portion of the City. The Wolf Creek development has been conditioned to provide the land for the planned Fire Station, with the City being responsible for the completion of the design and construction. Design, construction and occupancy of this new Fire Station has been placed on a fast track, high priority schedule in an effod to provide a permanent Fire Station to serve the Vail Ranch portion of the City and the future Wolf Creek development. For this reason the City has elected to utilize STK to complete the design of the new station. STK has been selected by Riverside County Fire as the best qualified firm to complete the design of the last 6 fire Stations. They will be able to make minor modifications and adapt their existing Riverside County Fire Department Standard Heavy Urban Fire Station design to the Wolf Creek site. 1 R:~AGDRPT~.001/0724\PW01-11STKagr. DOC FISCAL IMPACT: The Fire Station Wolf Creek Site is a Capital Improvement Project funded through Development Impact Fees - Fire, Public Facilities & Public Service. The acceleration of funds from the Capital Improvement Budget FY2002-03 to the current FY2001-02 is necessary to cover administrative costs and the professional design services agreement and administration costs in the amount of $159,500.00, plus the contingency amount of $15,950.00, for a total amount of $175,450.00. ATTACHMENTS: Project Location Project Description Professional Services Agreement 2 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE WOLF CREEK FIRE STATION PROJECT NO. PW01-11 THIS AGREEMENT, is made and effective as of July 24, 2001, between the City of Temecula, a municipal corporation ("City") and STK Amhitacture, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 24, 2001, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2002, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described.herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One hundred fifty nine thousand five hundred Dollars and no Cents ($159,500.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. I R:\CIP\PROJECTS\PWOI',PWO 1-1 I\STK A~reernnt.doc c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services previded in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice prevides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pureuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, previded that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the previsions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such pedod of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall previde free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained fora period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall submit electronic copies of the designs in AutoCAD® 2000 format. All word processing files shall be submitted in Microsoft Word format, all spreadsheets shall be submitted in Microsoft Excel format. Any other electronic files submitted shall be submitted in industry standard formats, subject to the approval of the City. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. The City shall indemnify and hold the consultant harmless when any material from this scope of work is re-used without the consultant's permission. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability adsing out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4 R:~CIP~PROJECTS\PW0 I\PW01-11~1'~ Anr~mnt dnn e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's pdor written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the dght, but has no obligation, to represent Consultant and/or be present at any deposition, headng or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewdte said response. 14. NOTICES. Any notices which either party may desire to give to the other pady under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Attention: City Manager Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 Street Address: 43200 Business Park Drive Temecula, California 92590 To Consultant: STK Architecture, Inc. 2575 South San Jacinto Ave. San Jacinto, CA 92583-5318 Attention: G.V. Salts 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor wdtten consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full rome and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enfome its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All pdor or contemporaneous agreements, understandings, representations and statements, oral or wdtten, ara merged into this Agreement and shall be of no fudher force or effect. Each party is entedng into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 R:\CIP\PROJECTS\PW01 \PW01-11\STK Aoreemnt.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ClTY OFTEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT STK Architecture, Inc 2575 San Jacinto Ave. San Jacinto, CA 92583-5318 By: Name: Title: By: Name: Title: (Signatures of two corporate officers required for Corporations) 8 R:\CIP~PROJECTS\PWOI\PW01-1 I\STK A(3reemnt.doc EXHIBIT A TASKS TO BE PERFORMED 9 R:\CIP\PROJ ECTS\PWO I\PWO 1-11 ~RTK Anm~mnf dn~ 4 June 2001 Greg Butler, Senior Engineer Department of Public Works CITY OF TEMECULA 30650 Pauba Road Temecula, California 92592 RE: PROPOSAL FOR ARCHITECTURAL SERVICES FOR FOR 3-BAY HEAVY-URBAN PLAN, RFQ NO. 101 WOLF CREEK FIRE STATION Mr Butler: We appreciate the opportunity to work with the City of Temecula. In order to be clear about our effort, and based on our experience, the following tasks are necessary to accomplish your goals. 1.0 Research 1.1 Review available Wolf Creek Design Guidelines. 1.2 Verify on-site field conditions. (STK to provide site Topo and preliminary Soils Report 1.3 Establish exact design (based on Development Guidelines), and utility program requirements. 2.0 Schematic Design 2.1 Clearly develop exterior elevations and site pan consistent with Wolf Creek Development Guidelines. Provide colored elevations, a rendering, and material sample boards. 2.2 Meet with City of Temecula and Fire Department. 2.3 Prepare exterior elevations, rendering, floor plan, site plan, and landscape planting concept plan for DRC. 3.0 Design Development: 3.1 3.2 Meet with City of Temecula and Fire Department to review and adjust design as needed. Develop Document Package and Cost Estimate. ARCHITECTURE INTERIOR DESIGN PLANNING CONSTRUCTION MANAGEMENT 2575 South San Jac]nto Ave,, San Jacinto, California 92553-5318 Phone: 909/925-2504 Fax: 909/925-0244 E-Maih 5tk@stkinc.com Greg Butler, City of Temecula Wolf Creek F.S. Proposal 4 June 2001 Page 2 4.0 Construction Documents: 4.1 Develop plans and specifications for final Construction Package, based on direction approved by City of Temecula in 3.0 above. 4.2 Complete all Construction drawings & specifications, and submittal forms for Plan Check submission to City of Temecula Building & Safety. 4.3 Incorporate City of Temecula Building & Safety comments into plans for approved Permit Set. 4.4 Submit one (1)set of drawings (mylar) and one (1)set of specifications to the City for bidding. 5.0 Bidding: 5.1 Assist contractor (or contractors) with bidding questions, clarifications, addenda, etc. 5.2 Assist City of Temecula in making final contractor selection. 5.3 Provide Addenda as required. 6.0 Construction Support: 6.1 Review submittals and shop drawings. 6.2 Complete on-site observations by the Design Team, on a bi-monthly (every two weeks) basis. 6.3 Answer questions, provide clarification sketches, issue Change Orders, approve Pay Applications, etc, throughout construction. 6.4 Prepare "punch list" of final corrections at construction completion, and review their incorporation. 6.5 Prepare "As-Built" plans (mylar), and provide on disk as well. The Fee reflects the following assumptions: 1. The Station is to be a site adaptation/reuse of the RivCo heavy urban 3-Bay Fire Station to conform to the Developer's architectural requirements. 2. The Fee includes complete plans and specifications as approved by the Fire Department and the City of Temecula. 3. The Consultants provided within this scope to include Soils Engineering (Preliminary Soils Report), Civil Engineer Topo Survey and (on-site grading plan), Structural, Mechanical, Electrical Engineering, and Landscape Architecture. 4. Our scope of work for site plan is to develop a design incorporating the Fire Station, access (ingress and egress), parking, trash enclosure, fuel storage tanks, hose drying ramp, CMU walls, etc. Greg Butler, City of Temecula Wolf Creek F.S. Proposal 4 June 2001 Page 3 5. Included are anticipated meetings between the Architect, Fire Department, and the City of Temecula. EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:\ClP~PROJECTS\PW01 \PW01-1 I\STK Aoreemnt.doc We propose to provide Architectural Services for 7.1% of the "on-site" construction cost. Estimated cost of "on-site" construction $ 2,000,000 (Construction cost within the property lines of the site) x 7.1% Contract "A" (Percentage of Construction Cost) ± $ 142,000 Contract "B" Estimate (Hourly for coordination of all "off-site work) ± $ 15,000 This Fee does not include the following: A. Any Permit, Development, Utility, or Processing Fees. B. Miscellaneous reimbursable expenses for printing, mailing, travel, etc. (Estimated amount to be $2,500.) C. Geotechnical and material testing during construction phase. D. Street design or utility extension plans. E. Specialty Consultants (i.e. Deputy/Special Inspectors, Hazardous Waste, Traffic, Archeological, etc) The Fee will be broken down into the following Phases: Research/Base Plans/Schematics (15%) Design Development (15%) Construction Documents (50%) Bidding (5%) Construction Support (15%) = $ 21,300 = 21,300 = 71,000 = 7,000 = 21,300 $142,000 Total The Fee will be invoiced monthly, based on the percentage of work completed, plus any reimbursable expenses. All such expenses are billed at cost, and with supporting docu- mentation attached. Any invoices unpaid 45 days after the invoice date will bear interest at the rate of 1% per month, or 12% per year. STK Inc assumes the contract will be executed on a standard City of Temecula Contract, edited to suit the project specifics. Please also note, that STK Inc carries $2,000,000 of Professional Liability coverage. (Note: STK can provide all the insurance requirements requested.) If Extra Services are required, and approved by the City of Temecula, the following rates would apply: Greg Butler, City of Temecula Wolf Creek F.S. Proposal 4 June 2001 Page 4 Principal $135/Hr Associate 85/Hr Project Manager 70/Hr Senior Draftsman 60/Hr Junior Draftsman 55/Hr Clerical 35/Hr Consultants Cost x 1.15 Reimbursables Cost x 1.0 Reimb. Agency Fees Cost x 1.05 We look forward to the opportunity of our Team working with your Company'. Should you have any question, or wish to discuss this Proposal, please give me a call. Sincerely, STK A~CHITECTU~E, INC G.V. Salts, Architect Principal GVS/pma Enc's: Gross Project Cost Estimate; Consultants Hourly Rates ITEM 15 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ?r---~-- II DIRECTOR OF FINANCE..,~L---II CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer July 24, 2001 FY2000-2001 Slurry Seal Program, Project No. PW01-07 Add Diaz Road PREPARED BY: Greg Butler, Senior Engineer - Capital Projects RECOMMENDATION: That the City Council authorize the City Manager to approve contract change orders with American Asphalt for an amount of $45,000 above the previously approved 10% contingency for the FY2000-2001 Slurry Seal Program, Project No. PW01-07. BACKGROUND: On May 22, 2001 the City Council awarded a construction contract to American Asphalt Repair and Resurfacing, Inc. in the amount of $277, 465.50 for said project and authorized the City Manager to approve change orders not to exceed a 10% contingency. The work of the slurry seal project entails cleaning the streets, cleaning and sealing cracks in the pavement and then applying a rubberized asphalt slurry over the entire roadway. During the course of the work a single $5,000 contract change order was issued to cover some added crack sealing on streets identified as needing this preventive maintenance. Because Diaz Road has been identified as needing extensive maintenance, which per the city wide pavement management system is not scheduled to be completed for 2-3 years, staff is recommending that American Asphalt's contract be extended to include preventive maintenance measures that will include application of the rubberized asphalt slurry seal. American Asphalt has reviewed the condition of Diaz road and have submitted a work plan and cost proposal to complete the necessary repairs. The cost of the proposed repairs exceed the project's remaining contingency and the City Manager's approving authority by approximately $45,000. The preventive maintenance being completed at this time is a cost effective means of extending the life of the existing street surface until such time as permanent repairs and reconstruction can be completed as prioritized in the pavement management system. FISCAL IMPACT: This project is funded with Public Works Department Routine Street Maintenance Funds. Adequate funds are available in Account 001-164-601-5402. ATTACHMENTS: Contract Change Order Summary Page 1 of 1 Change Order Summary/Contingency Balance FY2000-2001 Slurry Seal Program PW01-07 CCO 1 I Added crack seal $ 5,315.00 $ 5,315.00 CCO 2 I Add Diaz Road $ 2 $ 64,375.00 $ 64,375.00 CCO 3 1 $ Total Chan~le Orders $ 69,690.00 Contract Item Overage/underage Various (See attached) Total Amount $ Beginning Contingency (10%) $ 27,746.55 Additional Allocation (pending) $ 45,000.00 Adjusted Balance $ 72,746.55 Contract Change orders $ 69,690.00 Item Over/underruns $ Contin~lency Remainin~l $ 3,056.55 Sheet 1 as of: 11:39 AM 0107Contingency 07/12/2001 ITEM 16 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: ,~ity Manager/City Council FROM: .'~-J/(/~/illiam G. Hughes, Director of Public Works/City Engineer DATE: July 24, 2001 SUBJECT: Completion and Acceptance of Construction Contract for Old Town Southside Parking Lot, Project No. PW98-16 PREPARED BY: Ward Maxwell, Associate Engineer- Capital Projects Julie Dauer, CIP Specialist RECOMMENDATION: That the City Council: Accept the project, "Old Town Southside Parking Lot, Project No. PW98-16 ", as complete; and File a Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On August 8, 2000, the City Council awarded the construction contract to TruGreen Landcare, LLC of Anaheim, California, in the amount of $335,175.00 for said project and authorized the City Manager to approve change orders that are within the 10% contingency. The total cost of the project including authorized contract change orders and quantity adjustments was $327,838.18. This project consisted of rehabilitation of the existing asphalt pavement; miscellaneous colored concrete curb and gutter; new parking lot striping; new irrigation and landscaping; and the installation of a new parking lot lighting system utilizing Old Town Streetscape standards. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: The Old Town Southside Parking Lot project was funded by Redevelopment Agency funds. Contract Change Order No. 1 was approved by the City Manager in the amount of ($1,854.32). The total cost of the project including the authorized contract change order and quantity adjustments was $327,838.18. 1 r:~agd rpt~2001\0724~w98-16.acc ATrACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit 2 r:~gdrpt~001\0724~w98-16.acc .RECORDING RE UQ..~.~TED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecu[a, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to TruGreen LandCare to perform the following work of improvement: Old Town Southside Parking Lot 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on July 24, 2001. That upon said contract the Travelers Casualty and Surety Company of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT NO. PW98-16. 6. The street address of said property is: West of Old Town Front Street at the intersection of Second Street. Dated at Temecula, California, this 24th day of July, 200'1. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 24a day of July, 2001. Susan W. Jones CMC, City Clerk CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND ]~nd Nc,. 10326590300116-00l PROJECT NO. PW98-16 OLD TOWN SOUTHSIDE PARKING LOT KNOW ALL PERSONS BY THESE PRESENT THAT: TruGreen LandCare, a General Partnership~ 8618 Haskell Avenua~ Sepulveda, CA 93143 NAME AND ADDRESS CONTRACTOR'S a General Partnership (fill in whether a Corporation, Partnership or individual) , hereinafter called Principal, and Travelers Casualty and Surety Company of America, 215 Shunan Blvd,~ Naperville, IL 60563 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Thirty Two Thousand Seven Hundred EiKhty Three DOLLARS and Sixty One CENTS ($ 32r783.61 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 15ch day of Au~st , 2000, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW98- 16, OLD TOWN SOUTHSlDE PARKING LOT. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the pedod of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on July 10, , ~ 200l. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred' by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAINTENANCE BOND M-1 R:~cip~projects~w98-16',bid-al'Dc old town prkmg The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 26th day of Jtme ,2~O0~L 2001. (Seal) SURETY Travelers Casualty and Surety Conpany PaulaHall (Name) Attorney-in-Fact (T~le) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL TruGreen LandCare, a General Partnership William Wainscott (Name) Director-Risk Mmn~ m=~ent (TiUe) By: (Name) (Title) MAINTENANCE BOND M-2 R :~cip~p~ojecls~pw98-16~d-doc old town prklng DESIGNATION OF REPRESENTATIVE I, Joseph B. Hanks, Vice President and Secretary of TruGreen LandCare L.L.C., partner of TruGreen LandCare, a California general partnership ("Company"), do hereby authorize and direct William Wainscott, Director of Risk Management, 860 Ridge Lake Blvd., Memphis, TN 38120, to represent the Company to execute any and all bonds issued on behalf o£.the Company. TRUGREEN LANDCARE, a California general partnership By: TruGreen LandCare L.L.C., partner Dated: 3 lo* IN WITNESS WHEREOF, TRAVELERS CASUALTY AND 'SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this iusu'ument to be signed by their Senior Vice President, and their co;porate seals to 10c hereto affixed this' 13th day of March, 2000· STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD eeee TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SlJRETY COMPANY FARM]~GTON CASUALTY COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF George W. Thompson Senior Vice President On this 13th day of March, 2000 before me ~rsenally came GEORGE W. TBOMPSON to mc lmown, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF n.I.INOIS, the corporations described m and which excented the above instrument; that he/she knows thc seals of said corporations; that thc seals afftxcd to the said in.Va'unmnt are such corporate seais; and that he/she executed thc said instrmnent on behalf of thc corporations by authority of his/her office under thc Standing Resolutions thereof.. State of TENNESSEE County of SI~ELBY On this ~ day of ~-~f~et~ , 2001, before me person , known to me to be the Attorney-in-Fact of FIREMAN'S FUND IN~, t .h_~co[~poration that executed the within instrnment, and acknowledged to me that such cor~~'h~ame. ~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my the certificate first above written. aforesaid county, the day and year in this offi _.,~.,~. ffice (Notary Public) Assistant Secretary, Bond TRAVELERS CASUALTY AND SURETY COMPANY OF AlV[ERICA TRAVELERS CASUALTY AND SURETY COMPANY FARM]~GTON CASUALTY COlVlPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY ~ SURETY. COlVII)ANY OF II.{'.U',{'OiS Neperville, l]linois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (h~reinaffer the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: William Wainscott, Norton Cronin, Kareu M. Crawford, Victoria L. Carroll or Paula Hall * * of Memphis, TN, their true and lawfifl Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United Slates, or, ffthe following line be filled in, within the area there designated the following instrument(s): by Ms/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto not exceeding the sum of ONE MILLION ($1,000,000,00) DOLLARS per bond and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Kesolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chainnaa, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant SecreUu3, may appoint Attemeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority raay prescribe to sign with the Company's name and seal with the Company's seal bonds, recogulzances, contracts of indemnity, and other writings obligatory in the nature ora bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. .. VOTED: That thc Chairman, the Prasidant~ any Vice Ghamnm~ any Executive Vice Prasidant,.any Seninr Vice President or any Vice President may delegate all or any part of the foregoing authority to.one or more officers or employees of this Gompany; provided that each such delegatien is. in writing and a copy thereof is filed in the office of the Secretary. VOIt~D: That any bond, recognizance, contract of indemXaty, or writing obligatory in the nature of a bond, recogni?.ance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretmy and duly attested and sealed with the Company's seal by a Secretsxy or Assistant Secretary, or Co) duly executed (under seal, if required) by one or,~nore Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their ceCdficates of authoriV] or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That thc signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretsry, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of execuling and attesting bends and undertakings and other writings obligatory in the nature th~eof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (8-9'0 cITYOF TEMECULA, PUBLIC WORKS DEPARTMENT CONTF~ACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW98-'I 6 OLD TOWN $OUTHSIDE PARKING/CT This is to ce~fy thatTruGreen LandCar,e(hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills ¢~ntracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in c~ntdbution to the exeCution of it's c~ntract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain wod~ of improvement known as PROJECT NO. PW98-16. OLD TOWN SOUTHSIDE PARKING LOT, situated in the City of Temecula, State of California, more particularly described as follows: OLD TOWN SOUTHSIDE PARKING LOT The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Fur,her, in connection with the final payment cf the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute -0- Pursuant to Pul~lic Contracts Code §7200, the CONTRACTOR Goes hereby fully release and acquit the City of Temecula and ail agents and employees of the City. and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the Cit7 of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: 6/29/01 CONTRACTOR. Signature Mark Wesel, Regional Operations Print Name and Title Manager RELEASE LOCPTION:909 693 3929 RX TIME 06/25 'C'l 16:38 ITEM 17 APPROVAL CITY ATTORNEY DIR.OFFINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim Domenoe, Chief of Polic~)¢~ July 24, 2001 Third Amendment to Law Enforcement Services Agreement with County of Riverside RECOMMENDATION: That the City Council approve the third amendment to Law Enforcement Services Agreement between the County of Riverside and the City of Temecula to include the hiring of one lieutenant, one traffic/motorcycle officer, and one community service officer. BACKGROUND: The City of Temecula has contracted with the County of Rivemide Sheriff's Department for law enforcement services since incorporation. On July 25, 2000 the City Council approved the existing five-year contract for law enforcement services with the County of Riverside. On November 14, 2000 the City Council approved the first amendment to the contract to address field-training costs associated with the addition of new officers. On February 27, 2001 the City Council approved the second amendment to the contract to provide for the addition of five patrol officers as a result of the Vail Ranch annexation. Temecula Police Department staffing levels are driven by a target ratio of one sworn officer for every one thousand residents. In an effort to maintain this ratio, two City-paid sworn positions were approved in the FY 2001-02 operating budget in addition to the five sworn positions added as a result of the Vail Ranoh annexation. The FY 2001-02 operating budget reflected the fact that 11 new sworn positions were added. This contract amendment reflects only seven positions, which means Temecula is receiving the benefit of 11 positions for the price of seven. The additional four positions consist of two investigators, one sergeant and one lieutenant. The following contract modifications are requested in order to meet the needs of our growing City and to ensure sufficient staffing resources to provide appropriate response times to calls for service. One dedicated lieutenant will be added to the Police Department's staff. The new lieutenant will be a dedicated liaison with city executive staff and will provide management oversight for the many special team programs currently in existence and provide additional management of the many city- dedicated functions. One motorcycle officer will be added to supplement the existing complement of five motorcycle officers. One of these motorcycle officers is dedicated to the Neighborhood Enforcement Team (NET), which provides dedicated traffic enforcement to the many neighborhoods in Temecula. The additional motorcycle officer would also be dedicated to the NET program and will enhance the ability of the police department to respond to the many requests for service within the city, including the newly incorporated Vail Ranch area. One Community Service Officer will be added to staff the future Vail Ranch Police Storefront facility. Currently the Police Department operates two full service storefronts that are staffed with a full time Community Service Officer as well as a part-time project employee. This new Community Service Officer is required to adequately staff the future facility and will be added later in the fiscal year, as the storefront location is identified and opened. FISCAL IMPACT: The cost of the three positions that will be added as a result of this contract amendment is approximately $337,000 per year at the current contract rates. Adequate funds have been included in the FY 2001-02 operating to cover staffing and other costs related to these positions. A'I-rACHMENT: Third Amendment to Agreement for Law Enforcement Services between County of Riverside and City of Temecula. ORIGINAL THIRD AMENDMENT TO AGREEMENT FOR ~AW ENPORCE~ENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula, approved by the Board of Supervisors on December 19, 2000, for services effective July 1, 2000 through June 30, 2005, as amended December 19, 2000 and March 27, 2001, is hereby amended in the following respects only: 1. Attachment A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 132 supported hours per day. (Approximate equivalent of twenty-seven (27) Deputy Sheriff positions @ 1,780 annual productive hours per position standard.) Dedicated Positions One (1) Sheriff's Lieutenant Two (2) Sheriff's Sergeant positions Two (2) Deputy Sheriff (fully supported) positions-Special Enforcement Team Six (6) Deputy Sheriff (fully supported) positions-Community Policing Team Nine (9) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team One (1) Deputy Sheriff (fully supported) position-K-9 Deputy Two (2) Deputy Sheriff (unsupported) positions-School Resource Officers (year-round) Eleven (11) Community Service Officer II positions One (1) Community Service Officer I position 1 IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF TEMECULA Dated: By:. ATTEST: Name Title By:. Susan W. Jo,nes, CMC City Clerk Mayor Jeff Comerchero APPROVED AS TO FORM: Peter M. Thorson, City Attorney COUNTY OF RIVERSIDE Dasd: By: Chairman, Board of Supervisors ATTEST: Gerald A. Maloney Clerk of the Board By: Deputy FORM APPROVED COUI~f~OUNSEL J U L/"~5 ~00~ ITEM 18 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCit~4~ouqcillM! Debbie Ubnoske;L~,recor o anning July 24, 2001 Roripaugh Specific Plan - Status Report PREPARED BY: Saied Naaseh, Project Planner RECOMMENDATION: Receive and File DISCUSSION: On July 17, 2001, the City Council and Planning Commission held a workshop on this project. The City Council and Planning Commission directed staff to form a Committee consisting of Mayor Comerchero, Council member Roberts, Planning Commissioner Chiniaeff, Planning Commissioner Telesio, and interested residents surrounding the site to address outstanding issues. This committee will meet initially on July 20th with subsequent meetings scheduled as necessary. Staff will provide an oral update of the Committee's recommendations at the City Council meeting. FISCAL IMPACT: N/A R:~S P\Roripaugh Ranch SP\new\CC status Report July 24.doc 1 ITEM 19 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Deputy City Manager July 24, 2001 Walker Basin Specific Plan No.172 Substantial Conformance No.1 and Tentative Tract Map 29369 PREPARED BY: Stephen Brown, Senior Management Analyst RECOMMENDATION: Authorize the City Manager to prepare a letter is support of the 106 dwelling unit proposal developed by the Riverside County Planning Department Staff for the Walker Basin Specific Plan. BACKGROUND: The Walker Basin Specific Plan was first adopted in 1984 with a proposal for 1631 residential units and a golf course on 573 acres. This plan was later amended in 1988 to 1,444 dwelling units along with the original golf course concept. Considerable time passed before there was any progress. The golf course was recently completed and the developer is now in the process of gaining approval of a Tentative Tract Map. The current map that went forward to the Riverside County Planning Commission on July 11,2001 proposed 761 to 925 dwelling units. The 761 units reflect the number of single-family detached residential lots and the remaining 164 units would be an attached residential product such as apartments. The Riverside County Board of Supervisors directed the Planning Department to prepare a new residential development plan for Walker Basin at their meeting of May 1, 2001. The County Planning Staff examined the project site in an effort to propose a development concept that achieved the following Board directives: · Prepare a development plan that would not require the introduction of urban services, sewer infrastructure, or major road improvements. · Demonstrate compatibility with the surrounding rural large lot development. · Permit the developer to realize a fair economic return and realistically, achievable project. · Minimize the impacts on the natural features so the site such as wate~'courses, oak trees, and wildlife corridors. R:~BROWNS~agency review\Walker Basin cc stafrpt 7-24-01.doc 1 The County Planning Staff developed a concept that would institute lot sizes ranging from 2 to 5 acres. This proposal would allow the elimination of curbs and gutters as well as permitting a reduced width paved roadway. Also, many miles of streets could be potentially eliminated or down sized, including th(~ construction of De Luz Road. County Planning Staff suggested the larger lots could support the use of septic systems thus eliminating the need for sewer extension to the area. FISCAL IMPACT: None ATFACHMENTS: None R:~BROWNS~agency review~Walker Basin cc stafrpt 7-24-01.doc 2 ITEM 20 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE '~/''~''~' II C'TYMANAGER ~' II TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManageflCity Council William G. Hughes, Director of Public Works/City Engineer July 24, 2001 Woodside Homes Traffic Signal Reimbursement PREPARED BY: Ronald J. Parks, Deputy Director of Public Works RECOMMENDATION: That the City Council approve the Refund of Traffic Signal DIF Fees in the amount of $45,000.00 to Woodside Homes of California for 50% of the cost of Traffic Signal Improvements at Margarita Road and Verde Lane. BACKGROUND: Planning Application No. PA 98-0323 (Tentative Tract Map No. 28510) was conditionally approved by the Planning Commission on February 3, 1999. The controlling condition was that the General Plan and Specific Plan had to be amended to conform to the revised land uses and densities. Planning Application Nos. PA99~0015 (Amendment No. 1 to Campos Verdes Specific Plan) and PA99-0016 (General Plan Amendment) were presented to the City Council on March 23, 1999, and the Ordinance was adopted on April 13, 1999 confirming these changes. One of the Conditions of Approval of the Tentative Map stated that the Developer"install a traffic signal at the intersection of Margarita Road and Verde Lane" and that the "Developer is eligible for DIF Credit for 50% cost of design and construction" for that signal. While such reimbursement is not typical for this type of traffic signal, in view of the improvements provided on Margarita Road and other public infrastructure related to the Promenade Mall, staff recommended this Condition. This Condition was subsequently approved bythe Planning Commission and made a part of the final Conditions of Approval for this project. Woodside Homes had taken the lead for the developers on the east side, funded 100% of the cost of $90,000 and installed the traffic signal. Lowe's Home Improvements has agreed to reimburse Woodside their half of the eastside cost which amounts to $22,500. Woodside Homes is requesting a refund of 50% of the total cost from the City in the amount of $45,000. They have submitted paid invoices that identify the cost of the signal to be in excess of $90,000. Woodside Homes, in addition to their participation, has paid in excess of $26,000 in Traffic Signal DIF fees. The DIF Refund would be consistent with the Conditions of Approval placed on both Planning Applications and as understood by the developers. There would be no further Traffic Signal DIF Credits available to any developers on these parcels. 1 R:~AGDRPT~2001\0724\Woodside Homes signaLDOCWoodside Homes Signal FISCAL IMPACT: There would be a reduction of the Traffic Signal component of the DIF fees collected for these projects in the amount of $45,000. ATTACHMENTS: 2. 3. 4. 5. Letter from Woodside Homes dated Mamh 16, 2001 Invoice from Woodside Homes Conditions of Approval of Tentative Tract 28510 dated Feb. 3, 1999 Conditions of Approval of Tentative PM 29175 Conditions of Approval for Lowe's Home Improvements 2 R:~AGDRpT~200 l~0724~Woodside Homes signaI,DOCWoodside Homes Signal Woodside^A 8irnpl~ The Best...B~ Design Woodside Homes of California, Inc. 23121 Antonio Parkway, Suite 120 Rancho Santa Margarita, CA 92688 Phone: 949-858-4980 Fax: 949-858-4984 March 16, 2001 Mr. Ron Parks Public Works Department P.O. Box 9033 Temecula, CA 92589-9033 Fax (909) 694-6475 RECEIVED MAR 2 9 2001 CiTY OF TEMECULA ENGINEERING DEPARTMENT Dear Mr. Parks: As we discussed, with this letter I request that the City of Temecula reimburse Woodside Homes for 50% of the traffic light that was installed in the Lowes Shopping Center at Margarita Road and Verde Lane. Per our agreement, Lowes will pay 25%, Woodside 25%, and the City 50%. I have enclosed an executed contract for $90,000. The City's portion of this is $45,000. Please send payment to my attention at the address above. Please contact me if you have any questions. Thank you for your assistance. Sincerely, Scott~.~G ale/~ Project Manager Woodside^A 8irnpl~ The Best...B~ Design Woodside Homes of California, ]:nc. 23121 Antonio Parkway, Suite 120 Rancho Santa Margarita, CA 92688 Phone: 949-858-4980 Fox: 949-858-4984 INVOICE Date: To: March 28, 2001 City of Temecula Attention: Ron Parks P.O. Box 9033 Temecula, CA 92589-9033 Quantity Description Cost 1 Reimbursement for 50% of the cost of traffic light $45,000 installed in Lowes Shopping Center at Margarita Road and Verde Lane. Total $45,000 Please remit payment immediately to: Attention: Scott Gale Woodside Homes 23121 Antonio Parkway, Suite 120 Rancho Santa Margarita, CA 92688. Thank you. Please contact me at (949) 858- 4980 ext. 232 if you have any questions. - City of Temecula 43200 Business Park Drive · PO Box 9033 · Temecula · California 92589-9033 (909) 694-6400 ·FAX (909) 694-6477 % , February 5, 1999 Mr. Nate Pugsley Woodside Homes 30211 Banderas, Ste. 130 Rancho Santa Margarite, CA 92688 SUBJECT: Planning Commission Conditional Approval and Final Conditions of Approval for Planning Application No. PA98-0323 (Tentative Tract Map 28510) and recommendation of approval to the City Council for Planning Application PA99- 0016 (General Plan Amendment) and Planning Application No. PA99-0015 (Amendment No. 1 to Campos Verdes Specific). Dear Mr. Pugsley: On February 3, 1999, the City of Temecula Planning Commission conditionally approved Planning Application No. PA 98-0398 (Tentative Tract Map 28510) subject to the enclosed Conditions of Approval, and recommended the City Council approve Planning Application No. PA99-0016 (General Plan Amendment) and Planning Application No. PA99-0015 (Amendment No. 1 to Campos Verdes Specific). Please review the final conditions of approval for the Tentative Tract Map and return a wet signed copy within three (3) working days of the receipt of this letter. Please be sure to sign both the Conditions of Approval of the Development Plan. As stated in the Conditions of Approval, the Tentative Tract Map's approval is subject to receiving approval of the General Plan Amendment and Specific Plan Amendment by the City Council. The Tract Map will have no force and effect until the related amendments are approved and adopted by the City Council. The conditional approval of the Tentative Tract Map is effective until February 3, 2001 (assuming approval and adoption of the corresponding amendments are received), unless extended in accordance with the City's Subdivision Ordinance. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. R:\planning\323pa98apr .doc If you have any further questions regarding this subject or this approval, please contact me at (909) 694-6400. Sincerely, Patty Anders Assistant Planner CCi Run Parks, Department of Public Works Anthony Elmo, Building & Safety Department Herman Parker, Temecula Community Services District Phil Albanese, Riverside County Fire Department Rancho California Water District Temecula Valley Unified School District Riverside County Flood Control Riverside County Health Department Temecula Police Department Eastern Municipal Water District Southern California Gas Company Southern California Edison Company Caltrans General Telephone Company Mr. Bill Green RBF 27555 Ynez Road, Suite 400 Temecula, CA 92591-4679 R:~planning\323pa98apr.doc 28. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 29. 30. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 31. Pdor to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 32. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water Distdct Riverside County Flood Control and Water Conservation District City of Temecula Fire Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services Distdct General Telephone Southern California Edison Company Southern California Gas Company Fish & Game Army Corps of Engineers 33. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: Improve Verde Lane (Principal Collector Highway Standards - 78' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). bo Improve Streets A, B, C, D, E, F, G, H, I, J, K, Camino Campos Verdes, Sanderling Way and Stading Street (Local Road Standards - 60' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Install a traffic signal at the intersections of Margarita RoadNerde Lane and R:~STAFFRPT~323pa98pc..doc 4O North General Kearny Road/Camino Campos Verdes to include signal interconnect with the signal(s) at the intersection(s) of Margarita Road, North General Kearny Road. Design shall also include a warrant analysis for the signals and if warrants are met, shall be installed by the Developer. The Developer is eligible for .Development Impact Fee Cr;~ii~for 50% cost of design and construction of the traffic-signal at Margarita RoadNerde Lane. A School Zone signing and stdping plan, per Caltrans standards, shall be designed by a registered Civil Engineer for the school site within this project and included with the street improvement plans for the project. Design shall also include a warrant analysis for a flashing yellow beacon and if warrants are met, shall be installed by the Developer. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: ao Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. Street lights shall be installed along the public streets shall be designed in accordance with Ordinance No. 461. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. eo Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centedine radii shall be in accordance with City standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. Landscaping shall be limited in the comer cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301. I. All utility systems including gas, electric, telepl~one, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where R:~STAFFRPT'~323pa98pc..doc 41 Department of Public Works. Prior to Issuance of Building Permits 43. 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. 44. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the .grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 45. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. Prior to Issuance of Certificates of Occupancy 46. Upon the first Certificate of Occupancy, the Developer shall design and install a fully actuated 8-phase traffic signal at the intersection of Margarita Road and Verde Lane in accordance with City Standards. This signal shall be coordinated with the existing traffic signal at the intersection of Winchester Road and Margarita Road and the proposed traffic signal at the intersection of Margarita Road and North General Keamey Road. The developer shall also be responsible for installation of interconnect conduits, cable and timing plans. 47. The Developer is eligible to receive credits for the Traffic Signals and Traffic Control Systems component of the Public Facilities Development Impact Fee for 50% of the ultimate cost for the design and installation of the traffic signal at the intersection of Margarita Road and Verdes Lane. 48. 49. Upon the first Certificate of Occupancy, the existing Memorandum of Understanding between the City and Caltrans dated October 13, 1995 shall be amended to allow a dght in/right out vehicular movement onto Winchester Road. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District c. Department of Public Works d. Caltrans 50. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. R:~STAFFRPTX67 PA99(PM)DH.doc 8 88. The Developer shall pay to the City the Public Facilities Development ImP~ required by, and in accordance with, Chapter 15.06 of the Temecula Municipal~ic. inal C-~dA "~tCode and all Resolutions implementing Chapter 15.06. Prior to Issuance of a Certificate of Occupancy 89. Design and install a fully actuated 8-phase traffic signal at the intersection of Margarita Road and Verde Lane in accordance with City Standards. This signal shall be coordinated with the existing traffic signal at the intersection of Winchester Road and Margarita Road and the proposed traffic signal at the intersection of Margarita Road and North General Kearney Road. The developer shall also be responsible for installation of interconnect conduits, cable and timing plans. (Added by the Planning Commission on April 7, 1999). 90. The Developer is eligible to receive credit for the Traffic Signals and Traffic Control Systems component of the Public Facilities Development Impact Fee for 50% of the ultimate cost for the design and installation of the traffic signal at the intersection of Margarita Road and Verdes Lane. (Added by the Planning C. ommission on April 7, 1999). 91. Improve Campos Verdes Lane (Principal Collector Highway Standards - 78' R/W) to include dedication of half-width street right-of-way plus six feet, installation of half-width street improvements plus six feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). (Added by the Planning Commission on April 7, t999). 92. The existing Memorandum of Understanding between the City and Caltrans dated October 13, 1995 shall be amended to allow a right in/right out vehicular movement onto Winchester Road. 93. As deemed necessary by the Depadment of Public Works, the Developer shall receive. written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 94. Corner property line cut off shall be required per Riverside County Standard No. 805. 95. All public improvements, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 96. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. R:\STAFFRP'r~38pa99(recvd )STAFF REPORT,doc 22 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JUNE 26, 200t A regular meeting of the City of Temecula Community Services District was called to order at 7:37 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: ABSENT: 0 DIRECTORS: Comerchero, Naggar, Pratt, Roberts, Stone None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of April 24, 2001; 1.2 Approve the minutes of May 15, 2001; 1.3 Approve the minutes of May 22, 2001. 2 Completion and Acceptance of Rancho California Sports Park Field Liqhting - Proiect No. PW00-19CSD RECOMMENDATION: 2.1 Accept the project Rancho California Sports Park Field Lighting - Project No. PW00-19CSD as complete; 2.2 Authorize the Clerk to file the Notice of Completion; 2.3 Accept the Maintenance Bond in the amount of 10% of the contract. (Director Naggar abstained with regard to this matter.) Minutes.csd\062601 1 3 4 Award of Construction Contract for the Mary Phillips Senior Center Expansion Project - Project No. PW99-19 RECOMMENDATION: 3.1 Award a contract for the Mary Phillips Senior Center Expansion Project - Project No. PW99-19 - to R. Moody Construction for $508,500.00 and authorize the President to execute the contract; 3.2 Authorize the General Manager to approve Change orders not to exceed the Contingency amount of $50,850.00 which is equal to 10% of the contract amount; 3.3 Approve the project plans and specifications. First Amendment to the Restroom Maintenance Services Contract with Self's Janitorial Service for Fiscal Year 2001-02 RECOMMENDATION: 4.1 Approve Amendment No. 1 to the Restroom Maintenance Services Contract with Self's Janitorial Service to extend the Agreement to June 30, 2002; 4.2 Authorize the expenditure of funds in the amount of $48,720.00 for restroom cleaning services and park gazebo cleaning services; 4.3 Approve a contingency of 10% in the amount in the amount of $4,872.00 for extra work items. In response to Director Stone's request to ensure a comprehensive participation of all maintenance companies, the contract was approved on a month-to-month basis and that staff proceed with a RFP process. 5 Acceptance of Offers of Dedication from Temeku Hills Properties, LLC, and Mc Millin Companies, LLC, for maintenance of slopes and perimeter landscaping within Tract Nos. 23371-9 and 23371-10 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 0t-t4 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING THE OFFERS OF DEDICATION FROM TEMEKU HILLS PROPERTIES, LLC, AND MC MILLIN COMPANIES, LLC, FOR EASEMENTS FOR MAINTENANCE OF SLOPES AND PERIMETER LANDSCAPING IN TRACT NOS. 23371-9 AND 2337'1-10 Minutes.csd\062601 2 6 Agreement for Softba Officiating Serv ces RECOMMENDATION: 6.1 Approve the agreement between the City of Temecula and the Margarita Officials Association for providing City softball league officiating services from July 1, 2001, through July 30, 2005, with a fifth-year option to renew. 7 Professional Services Agreement for TCSD Landscape Plan Check and Inspection Services RECOMMENDATION: 7.1 Approve a Professional Services Agreement with PELA, a landscape architectural firm, for TCSD landscape plan check and inspection services in the amount of $80,000 and authorize the Board President to execute the agreement; 7.2 Authorize the General Manager to approve additional services not to exceed the Contingency amount of $8,000 which is equal to 10% of the agreement amount. It was noted that, as per supplemental material, Section 9 b. (4) of this agreement should amended to reflect $1 million professional liability coverage per claim and in aggregate versus $2 million. MOTION: Director Comerchero moved to approve Consent Calendar Item Nos. 1-7 (Item No. 4 as amended). The motion was seconded by Director Roberts and voice vote reflected approval with the exception of Director Naggar who abstained with regard to Item No. 2. DISTRICT BUSINESS 8 Naming of the Paseo del Sol Park Site RECOMMENDATION: 8.1 Approve the name Meadows Park as recommended by the Community Services Commission as the name for the five-acre park site located on Meadows Parkway in the Paseo del Sol Development. Development Services Administrator McCarthy provided the staff report (as per agenda material), noting that this would be park no. 27 for the City. MOTION: Director Comerchero moved to approve staff recommendation. The motion was seconded by Director Roberts and voice vote reflected unanimous approval. 9 Naminq of the Temecula Children's Museum RECOMMENDATION: 9.1 Approve Imagination Workshop as the name for the new Temecula Children's Museum. Minutes.csd~062601 3 Community Services Director Parker presented the staff report (of record). Director Comerchero relayed his and the Children's Museum Project Design Committee's delight with the proposed name of Imagination Workshop the Temecula Children's Museum as well as the overall project. MOTION: Director Naggar moved to approve staff recommendation. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. 10 Water Park Feasibility Study RECOMMENDATION: 10.1 Receive and file the findings of the Water Park Feasibility Study. Development Services Administrator McCarthy highlighted the staff report (as per agenda material) and introduced Mr. Roger Dale of Natelson Company who proceeded with an overview of the findings of the feasibility study for a water park in the City of Temecula and advised that the Natelson Company was retained to complete the feasibility study of such a park, not to design the facility or to depict specific site locations, commenting on the following: · Potential size and preferred components · Estimated construction development costs · Potential on-going Operations and Maintenance costs/revenue · Operational structure (public/private/public land) · Community SurveyNVorkshop · Hypothetical concepts In closing, Mr. Dale expressed appreciation to the Project Committee (comprised of Directors Comerchero and Naggar) for their efforts and noted that, to his knowledge, there are approximately 1,000 water park in the United States; that approximately 50~50 are public/private ownership; and that liability insurance is approximately 10% of the annual operating cost. Commenting on the citizens' desire for such a water park facility, Director Naggar thanked the City Council for authorizing the completion of this feasibility study and noted that he will continue to explore the potential of such a facility in the City. MOTION: Director Roberts moved to receive and file the report. The motion was seconded by Director Naggar and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No additional input. Minutes.csd\062601 4 DIRECTOR OF COMMUNITY SERVICES REPORT Welcoming the community, including the City's new Vail Ranch residents, Community Services Director Parker invited the public to the Annexation Celebration on Sunday, July 2, 2001, at 2:00 P.M. to 5:00 P.M. at the Vail Ranch Middle School. Mr. Parker as well invited the public to the upcoming Fourth of July Festivities. GENERAL MANAGER'S REPORT General Manager Nelson noted that information with regard to Annexation Celebration as well as the Fourth of July Festivities are on the City's Website. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:03 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 10, 2001, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\062601 5 ITEM 2 APPROVAL CITY ATTORNEY CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: General Manager/Board of Directors Genie Roberts, Director of Financ~'~ July 24, 2001 Financial Statements for the Nine Months Ended March 31, 2001 PREPARED BY: Tim McDermott, Assistant Finance Director;~ Pascale Brown, Senior Accountant %~ RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the Nine Months Ended March 31, 2001. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the Nine months ended March 31, 2001. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31, 2001 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 2001 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of March 31, 2001 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 2001 (Unaudited) Prepared by the Finance Department Temecula Community Services District C oral,ming Balance Sheet As of March 31, 2001 Cash and investments Receivables Due fi.om other funds Total assets Parks & SerYlce Ser~me Service Recreation Level A Level B Level C 742,277 12,230 19,220 $ 25,459 $ 312,001 541 4,650 $ 773,727. $ $ 26,000 $ 316,651 Liabilities and fund balances: Liabilities: Other currant liabilities Fund balances: Reserved Designated Total fund balances Total liabilities and fund balances $ 132,056 132,056 337,963 303,708 63 $ 38,280 63 38,280 641,671 $ 773,727 $ 105,111 25,937 173,260 25,937 278,371 $ 26,000 $ 316,651 Please note that these balances are unau~Yxted Temecula Community Services District Combining Balance Sheet As of March 31, 2001 Assets: Cash and investments Receivables Due from other funds Total asse~ Service Service Debt Level D Level R Service Total 236,189 $ 15,487 $ 623,175 $ 1,954,588 2,978 242 20,641 19,220 239,167 $ 15,729 $ 623,175 $ 1,994,449 Liabilities and fund balances: Liabilities: Other current liabilities Fund balances: Reserved Designated Total fund balances Total liabilities and fund balances $ 1,341 . $ 171,740 1,341 171,740 150 965 502,690 946,879 237,676 14,764 120,485 875,830 237,826 15,729 623,175 1,822,709 $ 239,167 $ 15,729 $ 623,175 $ 1,994,449 Please note that these balances are unaudited Temecula Community Services District City~ide Operations Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 2001 Annual Amended YTD Budget Activity Total Percent Encumbr. Activity of Budget Special tax $ 2,486,100 $ 1,221,810 TCSD admin fee credit/"REST" 1,729,000 1,296,750 Recreation programs 536,700 357,689 Investment interest 40,000 35,024 Miscellaneous 168,900 100,134 Operating transfer in 44,200 39,343 Total Revenues 5,004,900 3,050,750 Expenditures: $ 1,221,810 1,296,750 357,689 35,024 100,134 39,343 3,050,750 Parks, medians and arterial street lighting 3,237,601 2,060.302 287,385 2,347,687 Seniors 146,800 77,056 3,798 80,854 Community Recreation Center (CRC) 345,670 234,267 12,505 246,772 Recreation programs 327,210 194,144 8,029 202,173 Temecula Community Center (TCC) 143,780 81,910 6,002 87,912 Museum 176.300 110,488 6,193 116,681 Aquatics 249,380 139,153 7,305 146,458 Sports 169,230 86,669 6,746 93,415 Operating transfers out 568,000 567,182 567,182 Total Expenffltures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 49% (1) 75% 67% 88% 59% 89% 61% 73% 55% (2) 71% 62% 61% 66% 59% (3) 55% (3) 100% 5,363,971 3,551,171 337,963 3,889,134 73% (359,071) (500321) 1,142,092 1,142,092 Ending Fund Balance, March 31, 2001 $ 783,021 $ 641,671 Notes: (1) Special tax revenue is primarily received in January and May each fiscal year. (2) The variance is due to savings in personnel costs and fac'flity rehabilitation costs. (3) The variances are due to seasonal program activity. Temecula Community Services District Service Level A Arterial Street Lights and Median Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 2001 Special tax Miscellaneous Total Revenues Expenditures: Operating Transfers Out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 Ending Fund Balance, March 31, 2001 Annual Amended YTD Budl~et Activity Encumbr. Total Activity $ 44,200 $ 39,343 44,200 39,343 (44,200) (39,343) 39,343. 39,343 $ (4,857) 5; Percent of Budget 39,343 39,343 Note: All activity in Service level A is now recorded in the Ciiywide Operations Fund. Temecula Community Services District Service Level B Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 2001 Annual Amended YTD Budl~et Activity Assessments $ 348,400 $ 180,723 Investment interest 2,000 1,412 Street lighting fees 15,600 11,370 Miscellaneous I2,000 500 Total Revenues 378,000 194,005 Expenditures: Salaries & wages 3,150 1,846 Street lighting 345,000 262,063 Miscellaneous 19,700 2,233 Total Expenditures 367,850 266,142 Revenues Over/(Under) Expenditures 10,150 (72,137) Beginning Fund Balance, July 1, 2000 98,074 98,074 Ending Fund Balanec, March 31,2001 $ 108,224 $ 25,937. Eneumbr. Total Activity $ 180,723 1,412 11,370 500 194,005 1,846 262,063 2,233 266,142 of Budg~ 52% 71% 73% 4% 51% 59% 76% 11% 72% (1) Notes: (1) Special tax revenue is primarily received in January and May each fiscal year. Temecula Community Services District Service Level C Perimeter Landscaping end Slope Maintenence Statement of Revenues, Expenditures end Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 2001 Annual Amended YTD Total Budget Activity Encumbr. Activity Assessments $ 559,800 $ 289,004 $ 289,004 Investment interest 19,000 14,492 14,492 Plan check and inspections 25,000 11,610 11,610 Miscelleneous 12,000 500 500 Total Revenues 615,800 315,606 315,606 Expenditures: of Budget 52%(1) 76% 46% 4% 51% Salaries and wages 120,820 68,464 68,464 57% Landscape maintenance and rehab 360,900 247,426 91,337 338,763 94% (2) Utilities 138,100 95,556 95,556 69% Other expenditures 85,330 26,776 13,774 40,550 48% (3) Total Expenditures 705,150 438,222 105,111 543,333 77% Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 Ending Fund Balance, March 31, 2001 (89,350) (122,616) 400,987 400,987 $ 311,637 $ 278,371 (1) Assessments are primarily received in January and May each fiscal year. (2) The variance is primarily due to enncumbrences that are recorded for lendscape maintenance services for the entire year. (3) The variance is primarily due to lower than anticipated slope repair and maintenence costs being incurred. Temecula Community Services District Service Level D Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 2001 Annual Amended YTD Total Budget Activity Enenmbr. Activity Assessments $ 2,597,960 $ 1,319,307 Grants 14,300 14,279 Investment interest 19,000 11,799 Miscellaneous 5,000 5,000 Total Revenues 2,636,260 1,350,385 Expenditures: Salaries and wages Refuse hauling Other expenditures Total Expenditures Revenues Over/(Under) Expenditures (20,900) 42,313 Beginning Fund Balance, July 1, 2000 195,513 195,513 Ending Fund Balance, March 31,2001 $ 174,613 $ 237,826 $ 1,319,307 14,279 11,799 5,000 1,350,385 24,990 16,058 16,058 2,597,960 1,275,218 1,275,218 34,210 16,796 $ 150 16,946 2,657,160 1,308,072 150 1,308,222 P~cunt of Budget 51%0) 100% 62% 100% 51% 64% 49% (2) 50% 49% Notes: (1) Assessments are primarily received in January and May each fiscal year. (2) Refuse hauling payments are made semi-annually (in Januau and June). Temecula Community Services District Service Level R Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 2001 Annual Amended YTD Budget Activity Assessments $ 11,600 $ 6,420 Investment interest 500 777 Total Revenues 12,100 7,197 Expenditures: Emergancy street mffmtenance 17,080 9,035 $ Other expenditures 80 47 Total Expenditures 17,160 9,082 Revenues Over/(Under) Expenditures (5,060) ( 1,885) Beginning Fund Balance, July 1, 2000 17,614 17,614 Ending Fund Balance, March 31.2001 $ 12,554 $ 15,729 Encumbr. Total Activity of Budget $ 6,420 55% 777 155% 965 7,197 965 10,000 47 10,047 59% 59% 59% 59% (1) Notes: (1) Assessments are primarily received in Janua~ and May each fiscal year. Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 2001 Operating transfers in Investment interest Total Revenues Expenditures: Debt service - principal Debt ser~ce - interest Other expencYatures Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 Ending Fund Balance, March 31, 2001 Annual Amended Total Budl~et Activity $ 463,000 $ 462,182 35,600 8,773 498,600 470,955 210,000 210,000 281,700 143,983 6,300 5~65 498,000 359~48 600 111,507 511,668 511,668 $ 512~68 $ 623,175 Percent of Budget 100% 25% (1) 100% 51% 87% 72% (2) (1) The variance is due to semi-annual interest on the reserve fund investment agreement that is paid in October & April each year. (2) Semi-annual debt senSce paymets are made in October and April each year. 9 ITEM 3 AP PROVAI-~I~,,.~ CITY ATTORNEY FINANCE DIRECTO R_.~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Service~-~.. July 24, 2001 Arts Council Community Grant Agreement PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors approve the Community Grant Agreement between the Temecula Community Services District (TCSD) and the Arts Council of Temecula Valley in the amount of $40,000. BACKGROUND: The Arts Council of Temecula Valley has been providing a variety of arts and cultural activities in the City of Temecula for several years. Some of their events include the annual Arts Festival and also the Concert on the Green program. The Arts Council worked extensively with City staff and AMS Planning and Research in the development of the City's Cultural. Arts Master Plan. By way of this agreement, the Arts Council commits to continue the implementation process for the Cultural Arts Master Plan. TCSD staff and the Arts Council have agreed upon goals and objectives that the Arts Council will implement by the end of this fiscal year as part of this agreement. Some of these goals include: providing opportunities for arts education in the schools and the overall community, generating a general awareness and participation in arts and cultural programs through media and promotional materials, and also encouraging and fostering cooperation among cultural organizations and individual artists in Temecula. This agreement provides $40,000 in funding for the purpose of continuing and enhancing cultural arts programs in the City of Temecula. The Arts Council will submit an invoice to the TCSD at the end of each calendar quarter for the actual costs of personnel, which will be accompanied by appropriate documentation. FISCAL IMPACT: Funding in the amount of $40,000 is appropriated in the TCSD budget for FY 2001-02 for the Arts Council program. These funds are available in account 190-180-999- 5286. R:\RUSEP~AGENDAS~2001-02 Arts Council G-ant Agreement.doc COMMUNITY GRANT AGREEMENT BETVVEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE ARTS COUNCIL OF TEMECULA VALLEY THIS AGREEMENT is made by and between the Temecula Community Services District (TCSD), a municipal corporation, and the Arts Council of Temecula Valley, a non-profit corporation, and is dated as of July 24, 2001. In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each of the parties hereto acknowledge and agree to be true and correct: a. The Arts Council of Temecula Valley ("Arts Council") coordinates many programs for the cultural arts within the City of Temecula, which are not provided by the TCSD's recreation and cultural arts program. b. The Arts Council warrants and represents to the TCSD that it is a non-profit, tax exempt corporation under the tax laws of the United State and California, and agrees to continue in such status during the term of this Agreement. b. The Board of Directors desires to award a community grant to the Arts Council in the amount of forty thousand dollars ($40,000.00) for the purpose of continuing and enhancing its cultural arts programs within the City of Temecula. The Board of Directors hereby allocates $40,000 for the costs of personnel working for the Arts Council for fiscal year 2001-2002. c. This Agreement provides for the manner in which the grant will be paid to the Arts Council. 2. The TCSD shall pay to the Arts Council on a quarterly basis, an amount equal to the actual costs for employees of the Arts Council for the preceding quarter, not to exceed $10,000.00 per quarter or $40,000.00 for the fiscal year ending June 30, 2002. Arts Council shall submit an invoice to the TCSD at the end of each calendar quarter for the actual costs of personnel, which shall be accompanied by such documentation as reasonably required by the Director of Finance to establish that such costs were incurred by the Arts Council. TCSD shall pay the invoice or provide its written objections to it within thirty (30) working days following receipt by the TCSD. 3. The term of this agreement shall be July 1, 2001 to June 30, 2002. 4. The Arts Council and TCSD staff have developed goals and objectives which are set forth in Exhibit A. The Arts Council is committed to implementing these Goals and Objectives and assisting the TCSD in implementing the City's Cultural Arts Master Plan. 5. The TCSD may at any time, for any breach of this Agreement, suspend or terminate this Agreement, or any portion hereof, by serving upon the Arts Council at least ten (10) days prior written notice. If the breach is corrected during this ten-day period, TCSD may, in its sole and exclusive discretion, rescind the termination. If the TCSD suspends or R:\RUSEP\CONTRACT~2.001-02 Ar~s Council Community Grant Agreement.doc terminates a podion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Arts Council shall make available to the TCSD its books, records and financial documents in such form as to allow TCSD to verify Arts Council's compliance with the terms of this Agreement. 6. The Arts Council agrees to defend, indemnify, protect and hold harmless the City, TCSD, its officers, officials, and employees from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Arts Council's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability attributable to the active negligence of the City. 7. Arts Council shall procure and maintain, or shall have provided on its behalf, for the duration of fiscal year 2001-2002 insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the activities of the Arts Council, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, including a non-owned auto endorsement. (2) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Workers Compensation Insurance shall not be required if the Arts Council has no employees. b. Minimum Limits of Insurance. Arts Council shall maintain limits on the policies described in Subsection a. of no less than the following amounts unless otherwise approved by the City Manager: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. (2) Workers' Compensation as required by the State; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentir~n,s. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. d. Other Insurance Provisions. The general liability policies shall contain, or be endorsed to contain, the following provisions: (1) The City, TCSD, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Arts Council; premises owned, occupied or used by the Arts Council; or automobiles owned, leased, hired or borrowed by R:\RUSEP\CONTRACT~2001-02 Arts Council Community Grant Agreement.doc the Arts Council. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this Agreement, the Arts Council's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Arts Council's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Arts Council's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) ' Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested, has been given to the City. e. " . Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. - ' . Arts Council shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Arts Council's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 8. Arts Council is and shall at all times remain as to the City and TCSD a wholly independent contractor. The personnel pert'orming the services under this Agreement on behalf of Arts Council shall at all times be under Arts Council's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Arts Council or any of Arts Council's officers, employees or agents, except as set forth in this Agreement. Arts Council shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Arts Council shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 9. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice R:\RUSEP\CONTRACT~2001-02 Arts Council Community Grant Agreement.doc shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To Arts Council: Arts Council of Temecula Valley P.O. Box 2337 Temecula, California 92593 Attention: Martha Minkler Executive Director 10. The Arts Council shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City or TCSD. 11. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agi-eements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. R:\RUSEP\CONTRACT~2001-02 Arts Council Community Grant Agreement.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Jeffrey Stone, President Temecula Community Services District Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney ARTS COUNCIL OF TEMECULA VALLEY, a California non-profit corporation By: Name: Title: By: Name: Title: R:\RUSEP\CONTRACT\2001-02 Arts Council Community Grant Agreement.doc OF THE TEMECULA VALLEY POST OFFICE BOX2337 ~ TEMECULA, CA 92593 ~ 909.695.2787 ~ FAX 909.695.9438 ~ email:temarts~pe.net BOARD OF TRUSTEES July 1, 2001 Albert and Grace Ball Maryann and Tom Edwards Sally Haserot Barbara Keen Teresa Lubrani Patricia Lusln Joan Lynn Dorothy Meyler Mark Mush Steve Phelps Bruce Singer Paula Stankovich Janet Tosches Dr. Alan Winkelsteln CONSULTANTS Fred Lamb Jim Meyler Angels Morris Stewart M. Morris, Jr. Karen Parrott Aliceu Wong EXECUTIVE DIRECTOR Martha N. Minkler Mr. Herman Parker, Director Community Services Department City of Temecula Post Office Box 9033 Temecula, California 92589-9033 RE: MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE ARTS COUNCIL OF TEMECULA VALLEY AND THE CITY OF TEMECULA FOR PHASE THREE OF IMPLEMENTATION OF CULTURAL ARTS MASTER PLAN Dear Herman, The Arts Council of Temecula Valley has accepted the responsibility given to it by the City of Temecula to implement the Cultural Arts Master Plan. Working cooperatively with the City of Temecula, the Arts Council is positioned to move forward during fiscal year 2001-2002 to continue implementing additional objectives of five of the goals outlined in the Cultural Arts Master Plan. The Council, having facilitated the formation of the Temecula Valley Historical Society, will continue to assist the newly formed Society with preserving the historic legacy of Temecula Valley. The six goals, as outlined by the Plan, include providing opportunities for arts education in schools and the community, generating greater awareness and participation in arts and cultural programs, enhancing the community through art in public places, assisting encouraging and fostering cooperation among cultural organizations and individual arts in Temccula Valley, developing performing and visual arts facilities, and preserving the historic legacy of Temecula Valley. GOALS: ARTS IN EDUCATION: TO PROVIDE OPPORTUNITIES FOR ARTS EDUCATION IN SCHOOLS AND THE OVERALL COMMUNITY. OBJECTIVES: A. Coordinate efforts with Temecula Valley Unified School District to provide an after school arts program at a local middle school. 1. Continue researching public and private monies to fund the program. 2. Program operational by Spring of 2002. B. Work with local parents interested in forming ~booster' clubs for the arts in local schools. Clubs would help fund arts opportunities for local students. C. Write grant requests to private Foundations and corporations to underwrite fifth annual Youth Summer Art Institute at Temecula Valley High School. Institute provides individual instruction for up to 120 students, nominated by school district art teachers, for four one-week sessions dur/ng the summer. Goal is to increase space availability so more children can participate. Requests completed by December 2001. D. Distribute information from regional, state or national programs which would encourage local students to showcase their talent either in a competition or recognition venue. E. Co-sponsor with Temecula Valley Unified School District, third annual Youth Art Exhibition. F. Research proposal of school district music teacher to start an all-City youth band. G. Research organizing and sponsoring arts camps for children in summer of 2002. II. PUBLIC INVOLVEMENT: TO GENERATE GREATER AWARENESS AND PARTICIPATION IN ARTS AND CULTURAL PROGRAMS. TCSD DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINAI~E_ CITY MANAGER , Yf¢,,,,,,,,,,,,,,,~ ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: Board of Directors Herman D. Parker, Director of Community Service~ July 24, 2001 SUBJECT: Departmental Report PREPARED BY: Gall L. Zigler, Administrative Secretary On December 1, 1999, staff released a Request for Qualifications (RFQ) for a Citywide Multi-Trail System. Interviews were held on February 14, 2000 and the committee selected KTU& Associates as the top ranked firm. The Board of Directors awarded a contract to KTU&A on Mamh 28, 2000. A trails questionnaire was mailed out to the residents in mid-September with approximately 450 responses returned. Staff is currently reviewing draft document. Staff released a Request for Qualifications (RFQ) for the design of an aquatic facility to be constructed at Chaparral High School. The Board of Directors approved a Scope of Services Agreement on December 7, 1999, with the number one ranked firm, RJM Design Group. The architect and project design committee has completed the schematic design of the project. The Board of Directors approved the Master Plan on June 27, 2000, and awarded a contract to RJM Design Group on July 11,2000, for the Phase II of the Design Contract. A bid opening was held on July 3, 2001 and City Council awarded a contract to California Commercial Pools on July 10, 2001. A pre-construction meeting is scheduled for July 24, 2001 and staff anticipates construction to begin in early August. Staff released a Request for Qualifications (RFQ) for the design of a sports complex to be constructed in the City. Statements of Qualifications were received on February 16, 2000, and interviews were held of the four top ranked firms on March 28, 2000. A design contract was awarded to RJM Design Group at the May 23, 2000, Board of Directors meeting. The first sub- committee was held on November 7, 2000. With the adoption of the Wolf Creek Specific Plan at the January 23, 2001 City Council meeting, it has been determined the 40 acre sports park will be located in the Wolf Creek development. A community workshop was held on April 7, 2001, and the architect is drafting a plan based on the information compiled from the workshop and the sports league questionnaires. A committee meeting was held on July 10, 2001 to review the final conceptual plan. The Master Plan will go forward to the Community Services Commission and the City Council. R:~ZIGL ERG~(DEPTRPT~0701 .do~ July 19, 2001 The Master Plan for the Temecula Public Library was adopted at the September 26, 2000 City Council Meeting. Staff has negotiated a contract with LPA for the final construction documents and specifications for the Temecula Public Library. LPA submitted the construction documents for second plan check. Staff released an RFQ for the children's museum interior space planning, exhibit design, fabrication, construction and installation. Interviews were held of the four top ranked firms on October 17, 2000. Staff began negotiations with the top ranked firm, Sparks Exhibits and Environments. The Agreement and Scope of Services was approved by the City Council on December 12, 2000. The committee has been meeting and has proposed naming the facility "Imagination Workshop, The Temecula Children's Museum". A staff report went forward to the Community Services Commission on May 14, 2001, and they unanimously approved a recommendation to the City Council to name the facility. A meeting was held on July 5, 2001 to review the preliminary conceptual plans. A new storyline was presented and well received by all present. Design is underway for this new concept. The Development Services Division continues to participate in the development review for projects within the City including Wolf Creek, Roripaugh and Harveston, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling and assessment administration. The Maintenance Division continues to oversee the maintenance of parks and recreation facilities, as well as all other City owned public buildings and facilities. In addition, the Maintenance Division assists in all aspects of Citywide special events. The Recreation Division successfully coordinated several special events this past month. On July 1, 2001 the Vail Ranch Annexation Celebration was held at Vail Ranch Middle School. The festivities included guest speakers, free food, live entertainment, jolly jumps, and rock climbing. Representatives from all City departments were present to meet, greet and answer questions of the Vail Ranch residents. On July 4, the Community Services Department held their annual 4th of July festivities including the annual parade through Old Town and the fireworks festivities at the Rancho California Sports Park. The TCSD is currently operating their annual summer swim lessons and public swim program, summer day camp program, the Rec Rocks program and the S.M.A.R.T. program. The S.M.A.R.T. program has been very well received by the community and staff continues to receive many positive comments from those families who are participating in the program. The Recreation Division is currently planning the free August Summer Concert Series to be held Thursday evenings at the Community Recreation Center's Thomas H. Langley Amphitheater. A variety of bands will be playing every Thursday during the month of August from 6:30 - 8:00 pm. R:~Z [GLERG'Off)EPTRPT~0701 .doc July 19, 2001 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JUNE 26, 200t A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:04 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comercherol Naggar, Pratt, Stone, Roberts ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of April 24, 2001; 1.2 Approve the minutes of May 15, 2001 1.3 Approve the minutes of May 22, 2001 MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Naggar and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No additional input. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. R:\Minutes.rda\062601 1 ADJOURNMENT At 8:04 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 10, 2001, in the City Council Chambers, 43200 Business Park Drive, Temecuta, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.rda\062601 2 ITEM 2 APPROVAL CITY ATTORNEY FINANCE DIRECTO~~ CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Genie Roberts, Director of Finance ~ July 24, 2001 Financial Statements for the Nine Months Ended March 31, 2001 PREPARED BY: Tim McDermott, Assistant Finance Director~t~'' Pascale Brown, Senior Accountant ~ RECOMMENDATION: That the Agency Members receive and file the Financial Statements for the Nine Months Ended March 31, 2001. DISCUSSION: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the Nine months ended March 31,2001. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31, 2001 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 2001 TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of March 31, 2001 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 2001 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of March 31, 2001 Assets: Cash and investments Receivables Land held for resale Low/Mod Redevelopment Debt Fund Fund Service Total $ 4,853,831 $ 2,025,610 $ 2,006,312 $ 8,885,753 1,795,271 361,887 133,738 2,290,896 2,103,053 2,103,053 Total assets $ 6,649,102 $ 4,490,550 $ 2,140,050 $ 13,279,702 Liabilities and fund balances: Liabilities: Other current liabilities $ 51,266 $ 649,185 $ 1,250 $ 701,701 Deferred revenue 845,405 162,059 1,007,464 Total lial/flitias 896,671 811,244 1,250 1,709,165 Fund balances: Reserved 5,752,431 3,279,758 $ 1,448,920 10,481,109 Designated 399,548 689,880 1,089,428 Total fired balances 5,752,431 3,679,306 2,138,800 11,570,537 Total liabilities and fund balances $ 6,649,102 $ 4,490,550 $ 2,140,050 $ 13,279,702 Please note that these balmtces are unaudited City of Temecula Redevelopment Agency Statement of Revanues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Nine Months Ended March 3l, 2001 Annual Amended YTD Budget Activity Property tax increment $ 1,765,000 $ 894,406 Investment interest 280,000 202,040 Rental income 2,000 6,042 Miscellaneous 7,200 7,378 Total Revenues 2,054,200 1,109,866 Total Percent Encumbr. Activity of Budget $ 894,406 202,040 6,042 7,378 1,109,866 51% (1) 72% 302% 102% 54% Expenditures: Salaries and wages 215,320 Operating and administrative expenditures 295,460 Homebuyer programs 300,000 Residential rehabilitation programs 1,058,680 Housing development & acquisition 4,000,000 Affordable housing / future obligation 305,000 Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2000 Ending Fund Balance, March 31, 2001 119,146 119,146 130,985 $ 31,934 162,919 24,000 24,000 165,870 18~42 184,312 36,549 36,549 305.000 305,000 55% 55% (2) 8% 17% 1% (3) 100% 6,174,460 781,550 50,376 831,926 13% (4,120,260) 328,316 5,424,115 5,424,115 $ 1,303,855 $ 5,752,431 Notes: (1) Property tax increment revenue is received in January and May each fiscal year. (2) The variance in operating and administrative expenditures is primarily due to lower than anticipated legal and consulting costs being incurred. (3) Minimal costs have been incurred to date on the Senior Housing and Pujol Neighborhood Housing projects. City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency- Redevelopment For the Nine Months Ended March 31, 2001 Annual Amended YTD Budget Activity Investment interest $ 140,000 $ 131.698 Rental income 64,000 78,393 Loan interest 15,200 11,755 Reimbursements 1,392,316 587,988 Operating transfers in 955,000 955,000 Total Revenues 2,566,516 1,764,834 Total Percent Encumbr. Activity of Budget $ 131,698 78,393 11,755 587,988 955,000 1.764,834 Capital Projects (4): Public Restrooms Adjacent to O.T. First Street bridge Front Street widening Old Town streetscape Old Town central parking lot Operations and Maintenance: Salaries and wages Operating and administrative expenditures Owner participation agreements Old Town plm~ implementation Old Town development incentives Old Town building facades 25,000 5~00,647 3,551,398 $ 935,985 4,487.383 850 850 850 3,100 3,100 3.100 175,000 74,750 50,646 50,646 304,230 143,56l 23,250 166,811 310,000 63350 54,685 2,248 56,933 200,000 299,399 48,819 25,881 74,700 Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1. 2000 Ending Fund Balance, March 31, 2001 6,656,426 3,849,109 991,314 4,840,423 (4,089,910) (2,084275) 5,763,581 5,763,581 $ 1,673,671 $ 3,679,306 94% (1) 122% (2) 77% 42% 100% 69% 86% 100% 100% 68% 55% (3) (4) 90% (5) 25% 73% Notes: (1) The variance in investment interest is due to higher than anticipated cash balances being maintained during the fiscal year. (2) The variance is due to the renewal of the Reeves lease. (3) The variance in operating and administrative expenditures is due primarily to lower than anticipating legal, consulting, and other outside services costs being incurred. (4) The payment to Costco under the terms of its OPA is not made until the last quarter of the fiscal year. (5) No costs have yet been incurred for providing development incentives in Old Town. City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency - Debt Service For the Nine Months Ended March 3 l, 2001 Annual Amended YTD Budget Activit7 Revenues: Property tax increment $ 7,061,000 $ 3,577,623 Investment interest 150,000 122,205 Advances from other fimds 75,750 53,024 Deferred passthrough 1,831,000 915,500 Total Revenues 9,117.750 4,668,352 Expenditures: Passthrough agreements Debt service - principal Debt service - interest Miscellaneous Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fm~d Balance, July 1, 2000 Ending Fund Balance, March 31, 2001 5,241,000 2,706,301 1,244,000 725,000 1,040,050 774,314 7,500 5,953 2,184,270 1,070,000 9,716,820 5,281,568 (599,070) (613,216) 2,752,016 2,752,016 $ 2,152,946 $ 2,138,800 of Budget 51% (l) 81oA 70% 50% (2) 51% 52% (2) 58% 74% 79% 49% 54% (1) Property tax increment revenue is received in January and May each fiscal year. (2) Passthrough amounts are recogmZed as property tax increment is received January & May. RDA DEPARTMENTAL REPORT TO: FROM: DATE: SUBJECT: APPROVAL ClTY ATTORNEY DIRECTOR OF FINANC~,~ CITYMANAGER /~/ TEMECULAREDEVELOPMENTAGENCY AGENDA REPORT Executive DirectodRedevelopment Agency Members John Meyer, Redevelopment Director//~v I July 24, 2001 Monthly Departmental Report Attached for your information is the monthly report as of July 24, 2001 for the Redevelopment Department. First Time Homebuyers Pro,qram Funding in the amount of $200,000 is available for FY 01-02. Residential Improvement Programs The program budget for FY 01/02 is $250,000 and $11,800 has been funded. Affordable Housing Two projects have been submitted for preliminary review. One project is from the Agency's development partner, the other from a property owner who is also interested in developing affordable housing. Staff is analyzing these proposals. Senior Housing Agency staff is negotiating with a development partner to rehab 96 units for affordable senior housing. A senior housing demand study is being conducted. Old Town Community Theater The Redevelopment Agency Board approved the Community Theater's Master Plan at its meeting of April 24, 2001. The Architect has begun the next Phase of the design, which includes design development and construction drawings. R:~SYERS K~IONTH LLYVeport j uly01 .doc Facade Improvement/Non-Conformin~ Si~n Pro_qram The following facade improvement/sign projects have recently been completed: · The Old Tin Box Signs · Waves of Beauty Signs · The Stampede Paint Exterior The following facade improvements are underway: · M & M Art and Frame Signs · Y's & O's Signs · Old Town Plaza Shopping Center Refinish Exterior and Signs for all units · Chaparral Building Stain Exterior · Times of Our Lives Signs · The Country Porch Interior Fire Suppression System Old Town Promotions/Marketing Hot Summer Nights began July 6 featuring a variety of live entertainment and crafts and will run through September 28, 2001. The Agency is also sponsoring several other events over the next few months. The events include Howl-o-ween in Old Town featuring pumpkin carving contests, a craft fair and live entertainment, Christmas in Old Town featuring strolling carolers, live entertainment, pictures with Santa and a craft fair. R:~SYERSK'.MONTHLLY~report.july01 .doc INDUSTRIAL DEVELOPMENT AUTHORITY ITEM 1 MINUTES OF A MEETING OF THE TEMECULA INDUSTRIAL DEVELOPMENT AUTHORITY JANUARY 13, 1998 A meeting of the City of Temecula Industrial Development Authority was called to order at 8:42 P.M., atthe City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Roberts presiding. PRESENT: 5 AUTHORITY MEMBERS: ABSENT: 0 AUTHORITY MEMBERS: None. Comemhem, Fo~,Lindemans, Stone, and Roberts. Also present were Executive Director Bradley, City Attorney Thorson, and City Clerk Greek. Public Comments None given. Authority Business 1. Resolution of Industrial Development Authority Declaring the Intention to Issue Bonds 1.1 Adopt a resolution entitled: RESOLUTION NO. IDA 98-0t A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA DECLARING THE INTENTION TO ISSUE BONDS FOR NASCAL INTERPLEX, INC. FACILITY Redevelopment Director McLarney presented the staff report (as per agenda material). MOTION: Authority Member Lindemans moved to concur with staff recommendation. The motion was seconded by Authority Member Stone and voice vote reflected unanimous approval. Executive Director's Report None given. Authority Members' Repods None given. Minutes. IDA~011398 1 Adioumment At 8:45 P.M., the Temecula Industrial Development Authority meeting as formally adjourned. Ron Roberts, Chairperson ATTEST: Susan W. Jones, CMC Acting City Cler~Distri~ Secreta~ [SEAL] Minutes.lDA~011398 2 ITEM 2 CITY ATTORNEY AP ~)P~ DIR.OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA AGENDA REPORT Industrial Development Authority of the City of Temecula Genie Roberts, Director of Finance July 24, 2001 Amendment of Documents Related to Industrial Development Revenue Bonds for Tension Envelope Corporation RECOMMENDATION: entitled: That the Industrial Development Authority adopt the resolution RESOLUTION NO. IDA A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENTS TO DOCUMENTS RELATED TO INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR TENSION ENVELOPE CORPORATION BACKGROUND: On August 16, 1994, the Industrial Development Authority (the "IDA") issued $5,625,000 principal amount of Industrial Development Authority of the City of Temecula Industrial Development Revenue Bonds (Tension Envelope Corporation Project) (the "Bonds"). The proceeds of the Bonds were loaned to Tension Envelope Corporation (the "Company") to acquire and furnish an envelope manufacturing facility located in Temecula. The Company is responsible for the repayment of the loan, with its loan payments being the source of funds to repay the Bonds. The Bonds are not general obligations of the IDA and neither the IDA nor the City of Temecula has any responsibility for the payment of the Bonds. When issued, the payment of debt service on the Bonds was secured by a letter of credit provided by the Company, which letter of credit was issued by Boatman's First National Bank of Kansas City ("Boatman's"). The Company has advised City Staff that Boatman's, through a series of acquisitions by larger banks, has been merged into Bank of America, N.A. ("Bank of America"), which is the bank that is providing the letter of credit that currently secures the repayment of the Bonds. The Company has stated that the current letter of credit for the Bonds expires in August of this year and that Bank of America does not want to renew the letter of credit. The nonrenewal of the Letter of Credit will, under the terms of the Bonds, result in a mandatory redemption of the Bonds on August 1, 2001. The Company has informed City Staff that it has begun negotiations with General Electric Capital Corporation ("GE") to provide for the refunding of the Bonds by means of direct placement of The Company has informed City Staff that it has begun negotiations with General Electric Capital Corporation ("GE") to provide for the refunding of the Bonds by means of direct placement of refunding bonds with GE. However, the proposed refunding bond transaction will take a few more months to complete, and the current Letter of Credit for the Bonds expires in August. Once the Bonds are redeemed, they will not be able to be refinanced at a later date with tax-exempt bonds, so that the lower-cost tax-exempt financing for the Company will be lost. In order to preserve the Company's ability to refinance the current Bond issue on a tax-exempt basis, and yet avoid any need to have the Company bear the cost to renew or replace the Letter of Credit while it finishes its negotiations with GE, the Company has proposed that the Bond documents be amended to allow the Company to purchase the Bonds in lieu of their redemption, and to hold the Bonds pending their refinancing through GE. The proposal allows for the Bonds to be called for redemption, the amounts due to the current Bondowners to be paid in full, but, rather than the Bonds be retired, the Company would be allowed to purchase the Bonds and hold them until the refunding bond transaction can be completed. The requirement for a Letter of Credit would be terminated while the Company holds the Bonds. The proposed amendments to the Bond documents provide that the Bonds are nontransferable while they are held by the Company, and are subject to final payment and redemption if the Company has not completed the refunding bond transaction with GE by February 1, 2002. The Company is obligated to pay all costs of the IDA under the Bond program, and to indemnify the IDA for all actions taken by the IDA to implement the Bond program, and has agreed in a letter to the City to pay all costs related to the amendment of the Bond documents and other actions necessary to allow the Company to maintain the Bond program. Once the Company concludes its negotiations with GE, it is contemplated that there will be presented to the IDA for its consideration documents that will provide for the issuance of refunding bonds, to be placed with GE, the proceeds of which would then retire the Bonds. The documents for any such refunding transaction will clearly provide that neither the City nor the IDA will, in any event, be liable for payment of the Bonds or any refunding bonds from their own funds. While the IDA is not obligated to amend the Bond documents or, in the future, issue refunding bonds as described above, the Company, in the current circumstances, cannot maintain the lower cost tax-exempt financing for its plant in Temecula without assistance from the IDA. City Staff and consultants have reviewed the Company's proposal and believe that it is reasonable, and will not subject the City or the IDA to any risk or liability because the Company has agreed to pay all costs related to the proposal and to indemnify the City and the IDA from any liability related thereto. Staff recommends adoption of the resolution approving the amendments to the Bond documents. SPECIFIC ACTIONS: In order to preserve the ability to refund the Bonds at a later date, the IDA will consider the adoption of a resolution approving amendments to the Bond documents to allow the Company to purchase the Bonds in lieu of their redemption. FISCAL IMPACT: The Company has agreed to pay all-out-of-pocket expenses incurred relative to the proposed amendments. The Bonds are not general obligations of the IDA or the City, but are limited obligations of the IDA, payable solely from amounts paid by the Company to repay the Bond loan. Attachments: Resolution (1) First Supplemental Indenture First Amendment to Loan Agreement Letter of Tension Envelope Corporation requesting amendments -2- RESOLUTION NO. IDA A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENTS TO DOCUMENTS RELATED TO INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR TENSION ENVELOPE CORPORATION WHEREAS, on August 16, 1994, the Industrial Development Authority of the City of Temecula (the "Authority") issued its Industrial Development Authority of the City of Temecula Industrial Development Revenue Bonds (Tension Envelope Corporation Project) (the "Bonds"), in a principal amount of $5,625,000 to finance the costs of an envelope manufacturing facility located in the City of Temecula; WHEREAS, the Bonds were issued pursuant to an Indenture of Trust (the "Indenture"), between the Authority and U.S. Bank Trust National Association, as trustee (the "Trustee"), and the proceeds of the Bonds were loaned (the "Loan") by the Authority to Tension Envelope Corporation (the "Company") pursuant to a loan agreement (the "Loan Agreement") between the Authority and the Company; WHEREAS, the Company has requested that the Indenture and the Loan Agreement be modified to permit the Bonds to remain outstanding, following a call for redemption of the Bonds in respect of an expiring letter of credit securing the Bonds, in order to allow the Company time to arrange for the issuance of refunding bonds; WHEREAS, the Company has agreed to pay all costs of the Authority related to the modifications and to indemnify the Authority and the City of Temecula (the "City") for actions taken by them in respect of any amendments to the Indenture and the Loan Agreement necessary to implement the actions requested by the Company; and WHEREAS, there have been presented to the Authority at this meeting proposed amendments to the Indenture and the Loan Agreement and the Authority now desires to approve the amendments and to authorize their execution and delivery. NOW, THEREFORE, BE IT RESOLVED by the Industrial Development Authority of the City of Temecula, that: Section '1. and correct. The Authority hereby finds and declares that the above recitals are true Section 2. The First Supplemental Indenture, in the form on file with the Secretary, is hereby approved. The Executive Director of the Authority is hereby authorized and directed to execute and deliver the First Supplemental Indenture in said form, together with such additions thereto or changes therein as are recommended or approved by the Executive Director of the Authority upon consultation with the City Attorney and Bond Counsel to the Authority, including such additions or changes as are necessary or advisable in accordance with Section 4 hereof, the approval of such changes to be conclusively evidenced by the execution and delivery of the Indenture by the Authority. Section 3. The First Amendment to Loan Agreement, in the form on file with the Secretary, is hereby approved. The Executive Director of the Authority is hereby authorized and directed to execute and deliver the First Amendment to Loan Agreement in said form, together with such additions thereto or changes therein as are recommended or approved by the Executive Director of the Authority upon consultation with the City Attorney and Bond Counsel to the Authority, including such additions or changes as are necessary or advisable in accordance with Section 4 hereof, the approval of such changes to be conclusively evidenced by the execution and delivery of the First Amendment to Loan Agreement by the Authority. Section 4. All actions heretofore taken by the officers and agents of the Authority with respect to the indenture, the Loan Agreement, the Bonds and the Loan are hereby approved, confirmed and ratified, and the proper officers of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority, (a) to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the amendments to the Indenture and the Loan Agreement contemplated by the First Supplemental Indenture and the First Amendment to Loan Agreement, respectively, in accordance with this Resolution, including but not limited to any certificates, agreements and documents described in the First Supplemental Indenture and the First Amendment to Loan Agreement, and (b) to take all actions and execute any and all documents necessary or desirable to complete the purchase in lieu of redemption of the Bonds permitted by the First Supplemental Indenture. Section 5. The law firm of Quint & Thimmig LLP is hereby designated as bond counsel to the Authority, and the firm of Fieldman, Rolapp & Associates is hereby designated as financial advisor to the Authority, in each case with respect to the Bonds, the amendments to the documents related to the Bonds and any bonds that may in the future be issued by the Authority to refund the Bonds. The Executive Director is authorized and directed to enter into agreements with said firms for their services in forms acceptable to the Executive Director and the City Attorney, provided that any and all compensation to such firms is to be paid by the Company. Section 6. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Industrial Development Authority of the City of Temecula, at a regular meeting held on the 24~" day of July, 2001. ATTEST: Jeff Comerchero, Chairperson Susan W. Jones, CMC Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Industrial Development Authority of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. __ was duly adopted at a regular meeting of the Board of Directors of the Industrial Development Authority of the City of Temecula on the 24th day of July, 2001, by the following roll call vote: AYES: NAYS: ABSENT: ABSTAINED: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: Susan W. Jones, CMC Secmtary FIRST SUPPLEMENTAL INDENTURE This First Supplemental Indenture, dated as of July 31, 2001 (this "Supplement"), is by and between the Industrial Development Authority of the City of Temecula (the "Authority"), and U.S. Bank Trust National Association, successor to Bank of America National Trust and Savings Association, as trustee (the "Trustee"). RECITALS: WHEREAS, the Authority and the Trustee are parties to an Indenture of Trust, dated as of August 1, 1994 (the "Original Indenture"), pursuant to which the Authority has issued its $5,625,000 principal amount of its Industrial Development Authority of the City of Temecula Industrial Development Revenue Bonds (Tension Envelope Corporation Project) (the "Bonds"); and WHEREAS, the Authority made a loan (the "Loan") of the proceeds of the Bonds to Tension Envelope Corporation (the "Borrower") pursuant to a Loan Agreement, dated as of August 1, 1994 (the "Loan Agreement"), between the Authority and the Borrower; and WHEREAS, the Original Indenture and the Bonds provide that the Bonds are subject to redemption upon the expiration of the letter of credit (the "Letter of Credit") which secures the repayment of the Bonds, and the Loan Agreement provides that the Loan is subject to prepayment in connection with any such redemption; and WHEREAS, the Borrower has requested that the Original Indenture and the Loan Agreement be amended to allow the Bonds to be purchased in lieu of redemption and remain outstanding upon the expiration of the Letter of Credit to allow for time for the Borrower to arrange for a refinancing of the Loan; and WHEREAS, Section 13.01 of the Original Indenture provides that the Original Indenture may be amended by a supplemental indenture, without the consent of the owners of the Bonds, in connection with any amendment of, or supplement to, the Loan Agreement, and to make changes which do not materially adversely affect the rights of any Bond owners; and WHEREAS, the Authority is willing to amend the Original Indenture to allow for a purchase in lieu of redemption of the Bonds, and as otherwise set forth in this Supplement, and has requested that the Trustee execute and deliver this Supplement, so that the Borrower may have time to arrange for a refinancing of the Loan; and WHEREAS, the Authority and the Borrower are amending the Loan Agreement to permit the purchase in lieu of redemption of the Bonds, and the Authority has, as expressed below, found and determined that the amendments to the Original Indenture in this First Supplement do not materially adversely affect the rights of the Bond owners. AGREEMENT: NOW, THEREFORE, in consideration of the premises and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: Section 1. Amendments. (a) Section 2.03(d) of the Original Indenture is hereby amended by adding thereto, as a new second paragraph thereof, the following: "Notwithstanding anything to the contrary in this Indenture, if the Bonds become subject to redemption pursuant to the preceding paragraph, the Bonds shall be purchased in lieu of redemption as follows: (i) the redemption price of the Bonds shall be paid to the owners of the Bonds on the scheduled redemption date from the proceeds of a draw on the Letter of Credit as provided in Sections 5.05 and 5.07 hereof, (ii) the Bonds shall not be redeemed but shall be purchased in the name of the Borrower, shall be registered by the Trustee in the name of the Borrower and shall be held by the Trustee for the benefit of the Borrower, and (iii) following the receipt by the Trustee of the proceeds of the draw on the Letter of Credit and the payment to the Bond owners described in the preceding clause (i), the Trustee shall surrender the Letter of Credit to the Bank, and shall remit to the Bank any amounts on deposit in the Bond Fund in respect of a reimbursement of such draw on the Letter of Credit, up to the amount of such draw. The date on which the transactions referred to in the preceding sentence occur is hereby designated as the "Purchase Date," and, from and after the completion of such transactions the Bonds shall be subject to the provisions of Article XVII hereof." (b) The Original Indenture is hereby amended by adding thereto, as a new Article XVII thereof, the following: "ARTICLE XVII PROVISIONS IN EFFECT COMMENCING ON THE PURCHASE DATE Section 17.01 Provisions Applicable to the Bonds Commencin,q on the Purchase Date. Notwithstanding any other provision of this Indenture, on the Purchase Date (as defined in Section 2.03(d)), immediately following completion of the transactions described in clauses (i), (ii) and (iii) of the first sentence of the second paragraph of Section 2.03(d), the following provisions shall apply and any shall prevail over any conflicting provisions of this Indenture: (a) the Bonds shall be subject to optional redemption in whole on any date, at the written request of the Borrower delivered to the Trustee, at a redemption price equal to the then Outstanding principal amount of the Bonds plus accrued interest to the redemption date, without premium; (b) the Bonds shall be subject to mandatory redemption, in whole, on February 1, 2002, at a redemption price equal to the then Outstanding principal amount of the Bonds, plus accrued interest to the redemption date, without premium; (c) no notice on any redemption described in the preceding clauses (a) or (b), or in Section 2.03, need be given; (d) there shall be no requirement for a Letter of Credit, and all references to the Bank, the Letter of Credit and the Letter of Credit Fund herein shall be of no further force and effect (including but not limited to any provisions relating to any requirement to maintain a Letter of Credit, any provisions relating to drawings on the Letter of Credit, any requirement for payments or notice to, or the consent of, the Bank, and the provisions of Sections 5.07, 6.01, 6.02 and 13.04); (e) the Bonds shall not be subject to transfer under Section 2.07 or exchange under Section 2.08; (f) clause (1) of the term "Available Moneys" in Section 1.01 shall be amended to include the following: "and any moneys remitted by the Borrower to the Trustee;" and (g) no further notices need be given to Standard & Poor's Ratings Group under Section 15.05." Section 2. Findings and Determinations. The Authority hereby finds and determines that the amendments to the Original Indenture in Section 1 above do not materially adversely affect the rights of any of the Bond owners. -2- Section 3. Affirmation. Except as amended pursuant to Section 1 above, the terms and provisions of the Original Indenture are here affirmed. Section 4. Effective Date. This Supplement shall become effective upon the execution hereof by the Authority and the Trustee, and the execution of the consents of the Bank and Borrower (as such terms are defined in the Indenture) hereto as set forth below. Section 5. Interpretation. In the event of any conflict between the provisions of the Original Indenture and the provisions of this Supplement, the provisions of this Supplement shall control. Any reference in this Supplement to a Section, without further qualification (such as, by way of example, "of this Indenture") shall mean the specific section of the Original Indenture, as amended and supplemented by this Supplement. All references to the Original Indenture in the Loan Agreement or any other document executed in connection with any of the foregoing shall refer to the Original indenture as amended by this Supplement. Section 6. Execution in Several Counterparts. This Supplement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same instrument. -3- IN WITNESS WHEREOF, the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA has caused this Supplement to be signed in its name and U.S. BANK TRUST NATIONAL ASSOCIATION, has caused this Supplement to be signed in its name, all as of the day and year first above written. INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA By: Jeff Comerchero, Chairperson U.S. BANK TRUST NATIONAL ASSOCIATION, as Trustee The undersigned hereby consent to the foregoing First Supplemental Indenture BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION By: Authorized Officer By: Authorized Officer TENSION ENVELOPE CORPORATION By: Its: -4- FIRST AMENDMENT TO LOAN AGREEMENT THIS FIRST AMENDMENT TO LOAN AGREEMENT dated as of July 31, 2001 (the "First Amendment") is by and between the Industrial Development Authority of the City of Temecula (the "Authority"), and Tension Envelope Corporation (the "Borrower"). RECITALS: WHEREAS, the Authority and the Borrower are parties to a Loan Agreement, dated as of August 1, 1994 (the "Original Loan Agreement"), pursuant to which the Authority has made a loan (the "Loan") to the Borrower to finance the acquisition and furnishing of an envelope manufacturing facility in the City of Temecula; and WHEREAS, the Loan was made from the proceeds of the Authority's Industrial Development Revenue Bonds (Tension Envelope Corporation Project) (the "Bonds") which were issued by the Authority pursuant to an Indenture of Trust, dated as of August 1, 1994 (the "Indenture"), between the Authority and U.S. Bank Trust National Association, successor to Bank of America National Trust and Savings Association, as trustee (the "Trustee"); and WHEREAS, the Indenture and the Bonds provide that the Bonds are subject to redemption upon expiration of the letter of credit which secures the repayment of the Bonds (the "Letter of Credit"), and Section 8.01 of the Original Loan Agreement provides that the Loan is subject to mandatory prepayment upon a failure to replace an expiring or terminating Letter of Credit; and WHEREAS, the Borrower has requested that the Authority amend the Indenture to permit a purchase in lieu of redemption of the Bonds so that the Bonds may remain outstanding under the Indenture in order to allow the Borrower time to arrange for a refinancing of the Loan; and WHEREAS, the Authority is willing to assist the Borrower and to that end will execute and deliver, at the same time that the Authority executes and delivers this First Amendment, a First Supplemental Indenture (the "First Supplement") which amends the Indenture to allow for a purchase in lieu of redemption of the Bonds; and WHEREAS, Section 9.04 of the Original Loan Agreement permits the amendment of the Original Loan Agreement by a written instrument executed by the Authority and the Borrower, and consented to by the Bank, as such term is used in the Loan Agreement, in connection with any authorized amendment of the Indenture, and this First Amendment is being executed and delivered by the Authority and the Borrower in connection with the First Supplement which the Authority represents is an authorized amendment to the Indenture. AGREEMENT: NOW, THEREFORE in consideration of the premises and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: Section 1. Amendment. The Original Loan Agreement is hereby amended by adding thereto, as a new Article X thereof, the following: "ARTICLE X PROVISIONS IN EFFECT COMMENCING ON THE PURCHASE DATE Section 10.01 Provisions Applicable Commencing on the Purchase Date. Notwithstanding any other provision of this Agreement, on the Purchase Date (as defined in Section 2.03(d) of the Indenture, as amended by the First Supplemental Indenture, dated as of July 31, 2001 (the "First Supplement"), between the Authority and the Trustee) immediately following completion of the transactions described in clauses (i), (ii) and (iii) of the first sentence of the second paragraph of Section 2.03(d) of the Indenture, as amended by the First Supplement, the following provisions shall apply and shall prevail over any conflicting provisions of this Agreement: (a) the repayment of the Loan required by clause (ii) of Section 8.01 of the Original Loan Agreement in connection with the actions under Section 2.03(d) of the Indenture shall be deemed to be an advance against, and not a prepayment of, the Loan, and the Loan shall remain outstanding on the Purchase Date in an amount equal to the then Outstanding principal amount of the Bonds; (b) the Loan shall be subject to mandatory prepayment in full, with accrued interest, on any redemption date described in Section 17.01 of the Indenture, as amended by the First Supplement; (c) the Loan shall be subject to optional prepayment in full on any date without premium and without prior notice; and (d) there shall be no requirement to provide or maintain a Letter of Credit, and all references to the Bank and the Letter of Credit herein shall be of no further force and effect (including but not limited to those in Sections 5.09, 9.01, 9.03 and 9.04). Section 2. Affirmation. Except as amended pursuant to Section 1 above, the terms and provisions of the Original Loan Agreement are hereby affirmed. Section 3. Payment of Costs, Indemnity. The Borrower hereby agrees to pay, promptly following written demand therefor, all costs and expenses of the Authority, the City of Temecula and the Trustee related to the First Supplement, this First Amendment, the purchase in lieu of redemption of the Bonds as contemplated by the First Supplement, and the implementation of the other provisions of the First Supplement and this First Amendment; and the Borrower hereby acknowledges that the provisions of Section 4.09 of the Original Loan Agreement apply to any and all actions by the Authority and/or the Trustee in any way related to this First Amendment or the First Supplement, and the Borrower hereby agrees that all references to the Authority in said Section 4.09 shall include the City of Temecula. Section 4. Effective Date. This First Amendment shall become effective upon the execution hereof by the Authority and the Borrower, and the execution of the consent of the Bank hereto as set forth below. Section 5. Execution of Counterparts. This First Amendment may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. -2- IN WITNESS WHEREOF, the parties hereto have executed this First Amendment, all as of the date first above written. INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA By: Jeff Comerchero, Chairperson TENSION ENVELOPE CORPORATION The Bank, by its execution below, hereby consents to the foregoing First Amendment to Loan Agreement BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION By: Its: By: Authorized Officer -3- co VOe, x °N June 26, 2001 City Council City of Temecula 43200 Business Park Drive Temecula, California 92590 Re: Industrial Development Authority of the City of Temecula Industrial Development Revenue Bonds (Tension Envelope Corporation Project) Dear Councilmembers: In August of '1994, the Industrial Development Authority of the City of Temecula issued tax-exempt bonds to finance the acquisition and development of an envelope manufacturing plant for Tension Envelope Corporation (the "Company") in the City of Temecula. The financing was successful, and the Company's plant in Temecula currently has over 129 full-time employees. The Company is responsible for the payment of all of the debt service on the bonds. The payment of debt service on the bonds was initially secured by a letter of credit provided by Boatman's First National Bank of Kansas City. Boatman's, through a sedes of acquisitions by larger banks, has been merged into Bank of America, N.A., which is the bank that is providing the letter of credit that currently secures the repayment of the bonds. The current letter of credit for the bonds expires in August of this year. Bank of America has informed the Company that, due to changing business plans (and not in any way related to the current credit of the Company), while it may be willing to extend its Letter of Credit for a limited period of time, it does not want to renew the Letter of Credit that secures the bonds on a long-term basis. The nonrenewal of the Letter of Credit will, under the terms of the bonds, result in a mandatory redemption of the bonds on August 1, 2001 and a corresponding loss of the lower interest rate tax-exempt financing for the Company's plant in Temecula. The loss of the tax-exempt financing will increase the Company's costs in an already extremely competitive market, and could adversely impact the Company's operations in Temecula. City Council City of Temecula June 26, 2001 Page 2 of 2 The Company has begun negotiations with General Electric Capital Corporation to provide for the refunding of the bonds by means of direct placement of refunding bonds with GE. However, the proposed refunding bond transaction will take a few more months to complete, and the current Letter of Credit for the bonds expires in August. As an interim measure, to allow Bank of America to cancel its Letter of Credit, yet allow the bonds to eventually be refinanced by refunding bonds to be placed with GE, your Bond Counsel, Quint & Thimmig LLP, has recommended that the current bond documents be revised to (i) permit the bonds to be called for redemption on August 1st, (ii) allow the Company to purchase the bonds, with its own funds, in lieu of redemption, and (iii) allow the bonds to remain outstanding, registered in the Company's name, until the refunding bond transaction with GE can be consummated. This plan will allow the Company to preserve the tax-exempt financing for the Temecula plant, without any dsk or cost to the City of Temecula or the IDA. We respectfully request that the City Council, as the governing body of the Industrial Development Authority take the actions necessary to implement the plan, including the adoption of a resolution at its July 2~th meeting approving necessary amendments to the current bond documents. The current documents for the bonds, including a Loan Agreement between the Company and the City's Industrial Development Authority, provide for the Company to pay all of the costs of the Industrial Development Authority to administer the bonds, and the Loan Agreement contains a provision whereby the Company indemnifies the Industrial Development Authority for any liability, cost or expense related to the administration of the bond program. We hereby acknowledge that the foregoing covenants apply fully to any actions by the Industrial Development Authority to amend the bond documents and assist us in implementing the plan described above, such that the Tension Envelope Company affirms its obligation to pay all costs of the Industrial Development Authority related to the plan and the bonds and to indemnify the Industrial Development Authority for any liability, cost or expense related to the plan and the bonds. We hereby agree that the foregoing covenant and indemnity shall also apply to the City of Temecula. We agree to pay all such City and Industrial Development Authority costs and expenses promptly following receipt of a wdtten request for payment. Thank you for your consideration of this request, and we look forward to working with City Staff and the City's consultants to implement the plan and thereby help us to maintain the financial competitiveness of the Company's Temecula plant. Very truly yours, Tension Envelope Corporation Larry R. Denton Vice President - Finance ITEM 21 APPROVAL CITY ATTORNEY DIRECTOR OF FII~IA~ CITY MANAGER,/ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill,'"i~eeputy City Manager July 24, 2001 Harveston Specific Plan and Related Applications Prepared by: Patty Anders, Project Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 1. ADOPT a resolution entitled: RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMTS (PLANNING APPLICATION 00-0189) 2. ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 99-0419 (GENERAL PLAN AMENDMENT) FOR THE HARVESTON SPECIFIC PLAN AND THE TWO EXCLUDED PARCELS WITHIN THE SPECIFIC PLAN AND ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418) ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261-001,910-261-002, 910-110-013, 910- R:\S P~Harvcston SPeCify Council~STAFFRPT 7-24-01.doc 110'015, 910-110-020, 910-110-021,910'110'027, 910'110-076, 910-100- 007, 910-100-008, 910'060'009, 910'120'005, 910'120-007, 910-120-008, 911-630-001,911-630-002, 911 '630-003, 911-640-001,911-640-002, 911 - 180-002, 911-180'003, 911-180-004, 911-180-008, 911-180-009, 911-180- 015, 911-180-023, AND 911-180-028 3. READ by title only and introduce an ordinance entitled: ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE DEVELOPMENT CODE TO AMEND SECTION 17.16.070 TO INCLUDE HARVESTON SPECIFIC PLAN NO. 13 AND ADOPTING A PORTION OF CHAPTER 11 (DEVELOPMENT STANDARDS) ZONING STANDARDS CONTAINED THEREIN FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE HARVESTON SPECIFIC PLAN NO. 13, ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED ON THE EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASS ESSO R PARC EL NOS. 910-261-001,910-261-002, 910-110-013, 910- 110-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100- 007, 910-100-008, 910-060-009, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911 - 180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AN D 911 - 180-02 (PLANNING APPLICATION 99-0418) 4. READ by title only and introduce an ordinance entitled: ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ZONE CHANGE FOR THE AREA OF THE HARVESTON SPECIFIC PLAN AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA ON PARCELS TOTALING 550 ACRES LOCATED ADJACENT TO INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261-001, 910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910- 110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120- 003, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911- 180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028. (PLANNING APPLICATION 99-0245) 5. READ by title only and introduce an ordinance entitled: ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND R:\S P\Harveston SP~City CounciI\STAFFRPT 7-24-01.doc 2 LENNAR COMMUNITIES (PLANNING APPLICATION NO. 99-0446)" ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910- 110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630- 001,911-630-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911 - 180-023 AND 911-180-028 ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911- 180-003,911-180-004, 911-640-001 AN D 911-630-003 ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL N OS. 910-261-001,910-261-002, 911-180-002, 911 - 180-003, 911-180-004 AN D 911-180-015 R:\S I~Harveston SPxCity CounciI\STAFFRPT 7-24-01.doc 3 9. ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-630-001,911-630-002 AND 911-180-015 BACKGROUND: City staff has been working with Lennar Communities since last year to create a plan for a high quality community to implement the General Plan. The project area is approximately 550 acres and proposes to develop 1,921 dwelling units and over 100 acres of service commercial property. The project includes an 8-acre lake component (the surrounding park will be open to the public), community park, elementary school, a riparian habitat restoration area, in addition to various project and community amenities. A more detailed description of the project is contained in the June 20, 2001 Planning Commission staff report that is contained in Attachment No. 11. Prior to the project being finalized, the Planning Commission held three workshops which reviewed the overall plan and focused on the following areas: Open SpaceJillage Green, Residential Design Guidelines and Architecture, and Traffic Impacts and Circulation. In addition, two community workshops were held at Chaparral High School for local residents to learn about the project, ask questions, and share comments and concerns. The public's reaction to the project at the workshops was very positive expressing little or no opposition. The project was heard by the Planning Commission on June 20, 2001 and July 12, 2001. The project before the City Council includes the following items. · · · · · · · · Cer[ification of the EIR and Mitigation Monitoring Program General Plan Amendment Specific Plan Zoning Map Amendment Development Code Amendment Development Agreement Master (Financing) Tract Map 3 Tentative Tract Maps Planninq Commission Hearinqs At the June 20, 2001 Planning Commission hearing, several members of the public attended the meeting and addressed the Commission. Three people spoke in support of the project and one spoke in opposition. The three people who spoke in favor of the project all lived in the Winchester Creek subdivision, which is northeast of the site. In addition, Ed Burke representing Channell Commercial also told the Commission about his land use compatibility concerns with the community park. James Miller, representing the City of Murrieta, expressed concerns that the Cherry Street alignment may not be the best place for the interchange and that the funding may not be available in the future. The Cherry Street alignment is the alignment currently shown on the City of Murrieta's Circulation Element Map. R:\S P\Hm vcston SFSCity CounciI\STAFFRPT 7-24-01 .doc 4 At the July 12, 2001 Planning Commission hearing, two individuals spoke in support of the project and four individuals spoke against the project, none of these speakers lived adjacent to the project site. Dave Gallaher with the Temecula Valley Unified School District (TVUSD) also answered questions from the Planning Commission about how TVUSD provides school facilities. The Planning Commission staff reports for the June 20th and July 12Ih public hearings are contained in Attachments 11 and 12, respectively. Draft minutes for these meetings will be provided under separate cover. Two topics of discussion at both hearings were the mitigation of school impacts and the liability issue associated with requiring public access to the lake. Information relating to the mitigation of school impacts and lake liability issues are contained in Attachment Nos. 18 and 19. After considering the information and the testimony, the Commission determined that requiring public access to the lake was not reasonable or necessary and that Lennar has fully mitigating their school facility impacts. During the Planning Commissioner's discussion, the Commission discussed the Plan and made the following recommended changes to the Draft Specific Plan: Required architectural diversity by limiting the repetition of any one architectural style to no more than 20% of the total single family units in the project; · Required all residential product reviews to be approved by the Planning Commission; Required that all minor modifications to the development standards be approved by the Planning Commission; Required the focal point element in the roundabout (between the Village Core and Elementary School) to be something other than just a flag pole; and, · Required that the focal point element be approved by the Planning Commission. The Commission also accepted staff's other clarifications and corrections. A combined list of the Planning Commission's recommended changes to the Draft Specific Plan is in Attachment No. 13. The recommended modifications will not require changes to the tract maps that accompany this proposal. Copies of the correspondence received on this project are located in Attachment No. 16. The applicant is also proposing a Community Mobility Enhancement Plan (CMEP) to further address mobility and circulation issues with the Harveston Specific Plan. The CMEP proposes to integrate alternate approaches to travel, including foot, bicycle, and public transportation into the future development of the Specific Plan. A copy of the Community Mobility Enhancement Plan is located in Attachment No. 20. Interchanqe Location One of the remaining issues to be finalized is the ultimate location of the interchange and the associated alignments for Date/Cherry Street and Ynez Road. Staff is working with Caltrans to get a Project Study Report (PSR) approved by Caltrans. The PSR would determine the location for the future interchange of Cherry Street and Interstate 15. Once the location of the interchange is known, then the preliminary layout and dedication area for the future interchange can be determined. This determination will then allow the City to set the future alignments for both Cherry Street and Ynez Road. These determinations will enable development to occur on the western half of the project site. R:\S P~Harveston SPxCity CounciI\STAFFRPT 7-24-01.doc 5 The Draft Specific Plan and Final EIR considered both alignments. At this time, staff is recommending that the City Council approve the concept of the Cherry Street Alignment in both the Specific Plan and Environmental Impact Report. As a result, staff has included a condition of approval in the Specific Plan (and the master tract map) to make minor modifications to the Plan to reflect these final changes. The minor adjustments could include changes to the Exhibits, planning area boundaries, and planning area sizes and unit calculations consistent with the adopted CEQA Alternative. The total development potential for the Harveston Specific Plan would not be increased with these adjustments. No development would be allowed on the western portion of the site until these alignments are determined and the modifications are made to the Specific Plan. The alignment uncertainty will also affect the future zoning for the two out-parcels. While the future zoning designations may be ultimately determined by the final alignment of Ynez Road, there is a need to assign non-specific plan zoning on the properties. As a result, the Planning Commission is recommending that these two sites be designated as Low Medium Density Residential to ensure future land use compatibility. In addition, a small portion of the site, immediately north of Channel Commercial and south of the anticipated right-of-way for Ynez Road is proposed to be designated at Light Industrial to ensure an appropriate land use designation in this area. Tract Maps Accompanying the Specific Plan and EIR are the first 4 tract maps to implement the Harveston Specific Plan. Tentative Tract Map 29639 will create 91 larger parcels to facilitate future development. The parcels being created in the residential portion of the project will, in most cases, be re-subdivided to create specific building site parcels. The lots in the service commercial area, once finalized, could be proposed for future development without the need for any subsequent tentative map approval. The resolution and conditions of approval for this map are located in Attachment No. 6. Tentative Map 29928 would create 140 single family and 21 open space lots within Planning Area 7 near the intersection of Date Street and Margarita Road. The map contains the design features and elements required by the Harveston Specific Plan. Planning Area 7 has a Low Medium designation and requires an average lot size of 5,000 square feet and sets the minimum lot size at 4,000 square feet. The actual lot sizes being proposed range from 6,000 square feet to 14,000 square feet. The resolution and conditions of approval for this map are located in Attachment No. 7 Tentative Map 29929 would create 118 single family and 3 open space lots within Planning Areas 3 and 4 around the elementary school. The map contains the design features and elements required by the Harveston Specific Plan. Planning Area 3 has a Medium 2 designation and requires an average lot size of 2,500 square feet and sets the minimum lot size at 2,000 square feet. Lots in this area range from 2,715 square feet to 4,529 square feet. Planning Area 4 has a Low Medium designation and requires an average lot size of 5,000 square feet and sets the minimum lot size at 4,000 square feet. The actual lot sizes being proposed range from 4,675 square feet to 9,621 square feet. The resolution and conditions of approval for this map are located in Attachment No. 8. Tentative Map 30088 would create 38 single family and 8 open space lots within Planning Area 4. The map contains the design features and elements required by the Harveston Specific Plan. Planning Area 4 has a Low Medium designation and requires an average lot size of 5,000 square feet and sets the minimum lot size at 4,000 square feet. The actual lot sizes being proposed range from 5,440 square feet to 10,326 square feet. The resolution and conditions of approval for this map are located in Attachment No. 9. R:\S P\Hal vcston S[~\City CouIlciI\STAFFRPT 7-24-01 .doc 6 DEVELOPMENT AGREEMENT On July 12, 2001, the Planning Commission reviewed the Development Agreement and made no substantial changes to the proposed Deal Points in the Development Agreement. A copy of the draft Development Agreement is contained in Attachment No. 10. Staffand both applicants, Lennar and Winchester Hills, are in complete agreement on all the Deal Points. The major Deal Points have been outlined below: · A 10 year Development Agreement term with Lennar for the residential portion; · A 10 year Development Agreement term with Winchester Hills for the commercial portion but the applicant is requesting 15 years; · Formation of a Community Facilities District (CFD) to fund all the agreed upon improvements; · Completion of on-site road improvements (refer to Attachment 5 of the Development Agreement); of the 1 buddmgpermitforthe · Completion of off-site road improvements prior to issuance st · . project (refer to Attachment 5 of the Development Agreement); · Conveyance of the Cherry/Date interchange right-of-way prior to January 1, 2003; · Payment of the Public Art/Open Space/Conservation fee of $200 per residential unit; · Contribution of $150,000 towards the purchase of fire department equipment prior to issuance of the 1st building permit; · Credits for Street Improvements and Traffic Signal components of the DIF, future TUMF, and Development Agreement fees for the commercial portion; · Credits for Street Improvements, Park and Recreation, and Traffic Signal components of the DIF, future TUMF, and Development Agreement fees for the residential portion; · Payments of the Fire and Corporate Facilities components of the DIF for the commercial portion; · Payments of the Fire, Library, and Corporate Facilities components of the DIF for the residential portion; · Completion of the 16.5 acre Community Park prior to the issuance of the 1st building permit for Phase II; · Public access to the Lake Park; and, · A Transit Component consisting of funding for $300,000to utilize for transit purposes. FISCAL IMPACT: In addition to the Development Impact Fees (DIF), this project will be paying a Development Agreement Fee and a fee for purchase of open space/habitatJpublic art. The developers have received credits in exchange for land dedications and improvements for many aspects of the project. The following summarizes these fees and credits: R:\S P\Harveston SP\City CounciI\STAFFRPT %24-01.doc 7 Development Impact Fees · RESIDENTIAL DIF (LENNAR) o Street Improvement Component- 100% credit for the $547.70 per attached unit and $781.35 per detached unit fee. o Traffic Signal Component - 100% credit for the $82.53 per attached unit and $116.82 per detached unit fee. o Park and Recreation Component - 100% credit for the $1295.83 per attached unit and $1726.71 per detached unit fee. o Corporate Facilities Component - Payment of the $126.47 per attached unit and $237.94 per detached unit fee. o Fire Protection Facilities Component - Payment of the payment of the $45.02 per attached unit and $56.95 per detached unit fee. o Libraries Component- Payment of the $167.21 per attached unit and $222.94 per detached unit fee. · COMMERCIAL DIF (WINCHESTER HILLS) Office Street Improvement Component - 100% credit for the $1.954 per square feet fee. Traffic Signal Improvement Component - 100% credit for the $0.298 per square feet fee. Fire Protection Facilities Component - Payment the $0.267 per square feet fee. Corporate Facilities Component - Payment of the $0.102 per square feet fee. Retail Commercial Street Improvement Component - 100% credit for the $6.031 per square feet fee. Traffic Signal Improvement Component - 100% credit for the $0.919 per square feet fee. Fire Protection Facilities Component - Payment of the $0.048 per square feet fee. Corporate Facilities Component - Payment of the $0.252 per square feet fee. Service Commercial o Street Improvement Component - 100% credit for the $3.017 per square feet fee. o Traffic Signal Improvement Component - 100% credit for the $0.458 per square feet fee. o Fire Protection Facilities Component- Payment of the $0.038 per square feet fee. o Corporate Facilities Component - Payment of the $0.14 per square feet fee. Business Park/Institutional Street Improvement Component - 100% credit for the $1.429 per square feet fee. Traffic Signal Improvement Component - 100% credit for the $0.219 per square feet fee. Fire Protection Facilities Component - Payment of the $0.033 per square feet fee. Corporate Facilities Component - Payment of the $0.085 per square feet fee. R:\S P\Harvestoa SP\City CounciI\STAFFRPT 7-24-01.doc 8 Development Aqreement Fees · Development Agreement Fee - 100% credit for the Development Agreement fee towards the improvements and the conveyance of the right-of-way for the interchange. · Open Space/Habitat/Public Art - Payment of the $200 per residential unit fee. ENVIRONMENTAL IMPACT REPORT The Draft Environmental Impact Report was cimulated from November 1,2000 to December 18, 2000. Comments were received and the responses to these initial comments are contained in the Final EIR. The City's responses to the comments to the EIR are contained in the Final EIR documents that has been provided to the Council. The Planning Commission is also recommending that a minor correction be made to the land use acreage summary on Exhibit 12, Existing General Plan Land Use Designations. This very minor correction involves a shift of 29.4 acres from the Low Medium to the Medium Density category for the current General Plan. This adjustment is being recommended to ensure that accurate before and after comparison is shown in the EIR document. The adjustment does not change the future project or the overall accuracy of the EIR. A copy of the corrected Exhibit 12 is contained in Attachment 12. Subsequent project letters, and the City response to Channelt Commemial's concerns are contained in Attachment Nos. 16 and 17, respectively. The Council has previously received copies of both the Draft and Final Environmental Impact Report. The approval of this project will require the adoption of a Statement of Overriding Considerations for air quality impacts (short-term, long-term and cumulative). The Planning Commission is recommending that the City Council adopt the Cherry Street Interchange Alternative as part of the Harveston Specific Plan. Attachments: City Council Resolution No. 01 -__ Certifying the Environmental Impact Report and Mitigation Monitoring Program (Planning Application No. 00-0189) for the Harveston Specific Plan - Blue Page 11 Exhibit A - Mitigation Monitoring Program City Council Resolution No. 01 Approving the General Plan Amendment (Planning Application 99-0419) and Specific Plan (Planning Application 99-0418)--Blue Page 12 Exhibit A - General Plan Land Use Map Exhibit B - Specific Plan 13 (Previously Provided) Exhibit C - Conditions of Approval for Specific Plan 13 Exhibit D - General Plan Consistency Analysis City Council Ordinance No. 01- Adopting the Harveston Specific Plan Development Code Amendment and Zoning Standards for the Harveston Specific Plan (Planning Application No. 99-0418)--Blue Page 13 Exhibit A - Harveston Specific Plan Exhibit B - Specific Plan and Zoning Standards City Council Ordinance No. 01- Adopting the amendment to the Official Zoning Map of the City of Temecula (Planning Application 99-0245) --Blue Page 14 Exhibit A - Revised Zoning Map R:\S PXHarveston SPXCity CounciI\STAFFRPT 7-24-01.dcc 9 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. City Council Ordinance No. 01- Approving the Development Agreement (Planning Application 99-0446) with Lennar Communities--Blue Page 15 Exhibit A - Copy of Development Agreement (located in Attachment 10 of this Agenda Report) City Council Resolution No. 01 - Approving Tentative Tract Map 29639---Blue Page 16 Exhibit A- Conditions of Approval for Tentative Tract Map City Council Resolution No. 01 - Approving Tentative Tract Map 29928--Blue Page 17 Exhibit A - Conditions of Approval for Tentative Tract Map 29928 City Council Resolution No. 01- Approving Tentative Tract Map 29929 Blue Page 18 Exhibit A - Conditions of Approval for Tentative Tract Map 29929 City Council Resolution No. 01 - Approving Tentative Tract Map 30088--Blue Page 19 Exhibit A - Conditions of Approval for Tentative Tract Map 30088 Development Agreement and Attachments--Blue Page 20 Planning Commission Staff Report dated June 20, 2001--Blue Page 21 Planning Commission Staff Report dated July 12, 2001--Blue Page 22 Modifications to the Draft Plan being Recommended by the Planning Commission--Blue Page 23 Proposed Land Use Plan for the Harveston Specific Plan --Blue Page 24 General Plan Land Use Acreage Comparisons and Corrected EIR Exhibit 12--Blue Page 25 Correspondence received by the Planning Commission --Blue Page 26 City Response Letter to Channell Commercial - Blue Page 27 Material and Letters concerning School Impact Mitigation-Blue Page 28 Materials and Letters concerning Lake Liability-Blue Page 29 Community Mobility Enhancement Plan - Blue Page 30 R:\S P~Harveston SPxCity CounciI\STAFFR PT 7-24-01,doc 10 A'I'I'ACHMENT NO 1 DRAFT RESOLUTION CERTIFYING THE EIR AND APPROVING THE MITIGATION MONITORING PROGRAM RSS PkHarveston SP~City CounciI\STAFFRPT 7-24411.doc 11 ATI'ACHMENT NO. 1 RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMTS (PLANNING APPLICATION 00-0189) Statement of Findings of Fact Pursuant to CEQA Guideline Section 15091 For the Harveston Specific Plan WHEREAS, the Harveston Specific Plan and related actions ("Specific Plan"), initiated and prepared on behalf of the City of Temecula. The Harveston Specific Plan proposes the development of a 549.5-acre planned community in the City of Temecula. The Project site is located adjacent to and east of Interstate 15 Freeway (I-15) in the City of Temecula, California, in southwest Riverside County, south of the City of Los Angeles and north of the City of San Diego. From the 1-15, direct access to the project site is provided by Winchester Road (Highway 79 North) and Ynez Road, both located near the southern boundary of the site, and Margarita Road, which runs along the eastern boundary of the site. Winchester Road runs near the southern edge of the project site and continues north adjacent to Chaparral High School. The proposed Specific Plan is divided into 12 planning areas in an effort to create a distinct cluster of future uses/activities and to identify potential time frames for individual project development to occur in a timely manner, within the overall Specific Plan concept. The Harveston Specific Plan proposes a maximum of 1,921 dwelling units (1,621 single family and 300 multi family rental units). The project will consist of 150.9 acres of Iow medium density residential (3-5 du/acre), 79.1 acres of medium 1 density residential (5-7 du/acre), 60.0 acres of medium 2 density residential (7-13 du/acre), and 16.8 acres of high-density residential (13-20 du/acre). Other components of the project include a 13-acre mixed-use zone overlaying area designated as village center, which allows uses such as retail, restaurant, office, daycare, worship, and private clubhouse; a 112.5-acre service commercial area; a 16.5-acre community park, a 12.0-acre elementary school; a 17.3-acre lake/lake park; a 1.8-acre village green; 60.2- acre of major streets and slopes, and two 1.3 and 2.5-acre excluded parcels (Specific Plan, p. 3-5 through 3-10). WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the Specific Plan as the public agency with both general governmental powers and the principle responsibility for implementing the Specific Plan; and, WHEREAS, a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR") was issued on April 1, 1999, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines section 15082; and, 1 R:\S P'xHarveston SPeCify CounciruRESO CC EIR Findings.doc WHEREAS, written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and, WHEREAS, a Draft EIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyze potential adverse environmental impacts of Specific Plan implementation pursuant to CEQA; and, WHEREAS, upon completion of the Draft EIR dated November 2, 2000, the City initiated a 45- day public comment period by filing a Notice of Completion with the State Office of Planning and Research in November 2, 2000; and, WHEREAS, the City also published a Notice of Availability for the Draft EIR in a newspaper of general cimulation. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft EIR in public libraries in Riverside County and made copies available for review at City offices; and, WHEREAS, during and before the official public review period for the Draft EIR, the City received 14 written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"); and, WHEREAS, on November 1, 2000, December 20, 2000, January 17, 2001, and January 31, 2001, Planning Commission workshops and on January 24, 2001 and January 27, 2001, Community Workshops were conducted to provide information about the Specific Plan; and, WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided its responses to all commentors on February, 2001; and, WHEREAS, Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR; or, (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR; and, 2 R:~S P'xHarveston SP',City CouncilR~,ESO CC EIR Findings.doc WHEREAS, Section 15093 of the State CEQA Guidelines requires that if the Specific Plan will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts; and, WHEREAS, environmental impacts identified in the Final EIR which the Planning Commission finds are less than significant and do not require mitigation are described in Section 2 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant, but which the Planning Commission finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and Specific Plan and set forth herein are described in Section 3 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 4 hereof, and, WHEREAS, alternatives to the Specific Plan that might eliminate or reduce significant environmental impacts are described in Section 5; and, WHEREAS, a discussion of Specific Plan benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section 6 hereof; and, WHEREAS, Public Resources Code section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures; and, WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The Final EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Specific Plan and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring cimulation or additional environmental review of the Final EIR under CEQA, nor do the minor modifications to the Final EIR require additional public review because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby determines the following: Section 1. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the Harveston Specific Plan will have a less than significant impact through the Initial Study: 3 R:~S P~-Iarveston SP~City Council~F. SO CC EIR Findings.doc A. Agricultural Resources. According to the General Plan, the project site is considered farmland of local importance; however, it is not considered prime or unique farmland, or farmland of Statewide Importance pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. The site currently is not zoned for agriculture use, is not under a Williamson Act Contract, nor is it located within an Agricultural Preserve. None of the surrounding properties support long-term productive agricultural activities (Initial Study, p. 5). B. Mineral Resources. No mineral resources are known to occur within the project boundaries (Initial Study, p. 10). C. Population/Housing/Employment. The buildout of the Harveston Specific Plan is accounted for in the General Plan and future growth scenarios for the City. However, there will be extensions of infrastructure associated with this project. The project will serve as an attractor for additional growth in the local area or region. Population The proposed project will provide a maximum of 1,921 new housing units in the City of Temecula. Based on the current population generation factor (Temecula Subdivision Ordinance) of 2.85 persons per single family unit and 2.43 persons per multi-family unit, the project is expected to generate a residential population of 5,349 new residents (Draft EIR, p. 5- 164). The proposed project is consistent with the regional population projections of the Southern California Association of Government (SCAG) and does not exceed the 6,205 persons forecasted by SCAG for the project, as set forth in the Regional Comprehensive Plan and Guide and the Subregional Comprehensive Plan prepared by the Western Riverside Council of Governments (WRCOG) (Final EIR, p. 2-20). According to the General Plan, at buildout, the area within the City limits will have 39,658 dwelling units and a population of 112,254 persons. By providing 5,349 persons, the project will enable the City to provide housing to meet the needs of this expected population growth. Therefore, the level of population generation is consistent with the General Plan and is not considered significant. Housing The project will add 1,921 dwelling units to the City's existing housing stock. The project is consistent with the City's land use policies contained in the City of Temecula General Plan. The project proposes single family and multi-family units with a range of different densities, which will provide housing opportunities for a range of people. The provision of housing of this type is consistent with the City's objective to encourage the provision of adequate sites for housing (City of Temecula, 1994-1999 Housing Element, p. 4-42). In addition, the development of the housing units proposed in the project would help the City to achieve its 1998-2005 Regional Housing Needs Assessment (RHNA) number as determined by SCAG and WRCOG. The RHNA is a key tool for SCAG and WRCOG to plan for projected growth in the region. As specified by the RHNA, the City of Temecula has a projected housing need for 7,798 housing units during the 1998-2005 period (WRCOG, July 23, 1999). Since the project is consistent with the Temecula General Plan City land use policies, impact will be less than significant (Final EIR, p. 2-20). 4 R:\S P~Harveston SP\City Council~RESO CC EIR Findings.doc Employment In a regional context, the Harveston site lies within the WRCOG Subregion, which is defined by SCAG to be housing-rich and jobs-poor (Regional Comprehensive Plan and Guide, SCAG, 1994). SCAG projects a jobs/housing ratio of 0.99 for the year 2015. The project is expected to create 1,400 jobs in the service commemial and neighborhood mixed uses (i.e., retail, restaurant, etc.) within the Mixed Use Village Center. Although the project will result in the development of residential units in an already housing-rich subregion, SCAG projects a housing-rich ratio for the subregion in 2015. Therefore, the project is is not in conflict with the SCAG projections. Additionally, SCAG's regional growth management policies are based on the adopted General Plan development projections. As discussed above, the Harveston project is consistent with the City of Temecula General Plan. Furthermore, according to the General Plan EIR, the jobs/housing balance is measured on a citywide basis rather than a project specific basis, and as a whole, Temecula's land use policy works toward achieving regional jobs/housing goals (City of Temecula General Plan EIR, p. 199). Implementation of the Specific Plan project would be growth-inducing in terms of a localized employment increase. However, the increase in local employment is a major goal of the City's General Plan (Draft EIR, p. 7-1). Section 2. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the Harveston Specific Plan will have a less than significant impact through the EIR and therefore do not require the imposition of mitigation measures: A. Land Use Compatibility. The 549.5-acre site currently consists of vacant land once used for cattle and sheep grazing. The proposed Harveston project site is surrounded by existing and proposed/approved developments (Draft EIR, p.5-3). The proposed project will result in the development of single family residential, multi family residential, service commercial, retail commemial, community park, lake, lake park, trails, and school site, which will establish new land use relationships with adjacent land uses. These uses proposed are consistent with the density and intensities of the City of Temecula General Plan Land Use Plan (Draft EIR, p.5-14). Due to the overall design of the proposed Harveston project, no significant impact, including on- and off-site land use relationships, were identified in this area (Draft EIR, p. 5-15 and 5-18). The proposed project will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. Additionally, no impacts to the City of Temecula Development Code are anticipated (Draft EIR, p. 5-19 through 5-23). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will incrementally contribute to the cumulative impact of development in the area. However, the proposed project is consistent with the City of Temecula General Plan, City Development Code and Subdivision Ordinance and Citywide design guidelines. Therefore, no significant cumulative land use consistency impacts are anticipated. (Draft EIR, p. 5-3). 5 R:~S P~Flarveston SP\City Councir,,RESO CC EIR Findings.doc B. Transportation and Circulation - Emergency Access and Parking Emergency Access The proposed project will improve local circulation (including emergency access) as well as access to nearby uses by providing needed roadway and intersection improvements. The circulation portion of the Specific Plan will help provide adequate access for local residents and emergency vehicles. Parking The proposed public facilities (e.g., parks, schools) will provide adequate onsite parking, so no offsite parking should be impacted. The circulation portion of the Specific Plan will provide for adequate parking both in terms of numbers of spaces and location. There will be no construction parking on adjacent streets; therefore, offsite parking impacts would not be significant. C. Air Quality. Construction activities generate evaporative emissions of volatile organic compounds (VOC) from paints, solvents, asphalt, roofing tar and other coatings. Through compliance with SCAQMD regulations on paint volatility, and with the anticipated rate of project completion, ROGNOC emission impacts will be less than significant (Draft EIR, p. 5- 98). Through compliance with SCAQMD regulations on paint volatility, and with the anticipated rate of project completion, the project's incremental contribution to ROG / VOC emission impacts will be less than significant (Draft EIR, p. 5-103). D. Noise. The project noise impact study indicated that off-site noise impacts will be individually and cumulatively less than significant. Additionally, the noise impacts on the site from the French Valley Airport are considered to be less than significant (Draft EIR, p. 5-120). E. Biological Resources. 1. Potential Project Impacts to Biological Resources (General Impacts). Implementation of the proposed project would not remove or alter any significant natural or native vegetation formations on the property because they do not currently exist on site. The site contains no natural wetland habitat or other sensitive natural assemblages. No natural plant communities or natural populations of native species would be affected, directly or indirectly, by the proposed development. The project would generate no direct significant adverse impacts to natural wildlife habitats on a local or regional scale (Draft EIR, p. 5-155). At least one native raptorial bird species, the red-tailed hawk, uses the site as foraging habitat. However, foraging habitat for raptor species is not regionally unique, therefore the loss of this resource would not be considered a significant impact (Draft EIR, p. 5-156). 2. Impacts to Sensitive Species. No sensitive (rare or endangered) plant, invertebrate, fish, amphibian, reptile, bird or mammal species are known or expected to reside within, or occur in a resource-dependant relationship with, any portion of the overall site. Although the proposed project occurs within the SKR Habitat Conservation Plan Area, this species is highly unlikely to occur onsite and implementation of the SKR mitigation fees will reduce potential impacts to a level less than significant. Additionally, the focused survey for the QCB revealed that there are no QCB occurring on this parcel and therefore no impacts from development would occur (Draft EIR, p. 5-156). 6 R:XS P~larveston SPXCity Council",RESO CC EIR Findings.doc The proposed project will not result in impacts to sensitive (rare or endangered) plant or animal species as none has been identified as occurring onsite (Draft EIR, p.5-157). F. Cumulative Impacts (Land Use, Aesthetics and Geology) The Temecula General Plan EIR examined impacts associated with build out within the corporate city limits, its sphere of influence, and a larger "area of interest." The Harveston Specific Plan is accounted for within the total unit count. Regional growth plans were also examined in evaluating cumulative impacts on a regional basis (Final EIR, p. 2-20). The General Plan policies and standards which serve as mitigation measures for the potential cumulative effects of all development under the General Plan have been applied to the Harveston Specific Plan whenever applicable. Among the many General Plan policies applied to the Harveston Specific Plan are the following (Final EIR, p. 2-20 and Specific Plan, Appendix A): Incorporating the village concept into large master-planned developments; Providing development standards that ensure high quality design; Incorporating pedestrian and bicycle trails into project design; Providing adequate circulation improvements to support the level of development proposed; and Establishing setbacks along AIquist-Priolo Special Studies zones; The incorporation of the General Plan policies and standards in the Specific Plan from the start have ensured that land use, aesthetic and geology cumulative impacts associated with the development are less than significant (Specific Plan, Appendix A). Land Use The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will incrementally contribute to the cumulative impact of development in the area. The potential development of the project is consistent with the City of Temecula General Plan, City of Temecula Development Code and Subdivision Ordinance and Citywide Design Guidelines. No significant cumulative land use consistency impacts are anticipated (Draft EIR, p. 5-23). Aesthetics The project in conjunction with other proposed or on-going projects occur within an urbanizing area. The City of Temecula General Plan designates the area for urban uses. Development will result in changes to the appearance of the landscape as viewed from public roads. Proposed cumulative development will also contribute to cumulative night lighting and daytime glare and reflective impacts. Because the proposed development is a master planned community with detailed Specific Plan Design Guidelines and is anticipated by the General Plan, and it is a continuation of existing land use patterns, the project's incremental cumulative aesthetic impact is not considered significant (Draft EIR, p. 5-31) 7 R:XS l:~I-Iarveston SP',City Council~RESO CC EIR Findings.doc Geology and Soils Generally, geotechnical issues are sit-specific and will be limited to within the development boundaries of the Specific Plan site; therefore, no cumulative geotechnical impacts are anticipated (Draft EIR, p. 5-131). Section 3. The City Council hereby finds that mitigation measures outlined in the Draft EIR have been incorporated into the Harveston Specific Plan that avoid or substantially lessen the following potentially significant environmental impacts identified in the Specific Plan Draft EiR to a less than significant level. The potentially significant project impacts and the mitigation measures which have been adopted to mitigate them to a less than significant level are as follows: A. Aesthetics / Light and Glare 1. Potential Significant Impact. The project site is currently undeveloped. Implementation of the Harveston project will alter the aesthetic character of the area. The project's development could potentially degrade the existing visual character or quality of the site and its surrounding; however, the proposed project includes features, which help avoid potential aesthetic impacts. These features include consideration of residential planned development with comprehensive landscaping plans, and other site design proposals (i.e., expanded landscaped parkways along the perimeter roadways and aesthetically pleasing wall treatments) which will minimize the aesthetic impacts of the project (Draft EIR, p.5-30). Aesthetic compatibility and light pollution are potentially significant impacts. While the Specific Plan includes provisions to ensure quality design and compatibility, ongoing review and monitoring will be required to avoid potential impact. The proposed community park will include ball fields and lighting associated with sporting activities. The "sky glow" condition emanating from the proposed development may impact the Mount Palomar Observatory. A potential exists for a significant aesthetic impact if the project results in substantial light and glare (Draft EIR, p. 2-3,4) 2. Findings. Implementation of the following mitigation measures will reduce potential aesthetic impacts to a less than significant level: a. During development plan review process, all architectural and landscape design plans and plant palettes shall be reviewed and approved by the City. (Draft EIR, p.5-32) b. Prior to the issuance of building permits for Phase 2, the community park lighting shall be reviewed and approved by the Community Services Director as part of the review process of the construction plans. (Draft EIR, p. 5-32) c. The Master Developer shall provide the prospective homebuyers a notice that the 16-acre community park will include sports field lighting for evening use. Proof of this notification shall be provided to the Planning Director prior issuance of building permits. (Draft EIR, p.5-32) d. In order to mitigate potential impacts to the Mt. Palomar Observatory, all lighting shall be reviewed by the City to assure utilization of Iow pressure sodium vapor lamps; shielding to prevent upward illumination; and compliance with the Ordinance No. 655. (Draft EIR, p.5-32) R:~ P~Harveston SP\City Council~RESO CC EIR Findings.doc 3. Supporting Explanation. The following details from the Draft EIR and Specific Plan illustrate that the project will not have any significant impact upon aesthetics and that any potential aesthetic impact will be reduced to a less than significant level through requirements and standards in the Specific Plan and the mitigation measure identified above: The proposed Harveston project shall comply with the applicable codes and standards including the California building Code, Uniform Fire Code, etc. Compliance with the City's standards shall assure safe utilization of the facilities at night by the public (Draft EIR, p. 5-32). With implementation of the above mitigation measures, no significant impacts related to aesthetics and light and glare are anticipated (Draft EIR, p. 5-32). B. Transportation / Circulation 1. Potentially Significant Impact Phase I -2002 Scenario: Under this scenario there will be an increase in traffic levels. At Phase I buildout the project is anticipated to generate approximately 12,515 trips per day (Draft EIR, p. 5-43). When project-related traffic is added to the 2002 background traffic, all of the study intersections are found to operate at Level of Service D or better except for the two intersections, Winchester Road/Ynez Road and Winchester Road/Margarita Road. This is considered a significant impact. Intersection improvements have been identified that would allow Level of Service D or better to be maintained at both intersections and reduce this impact to a less than significant level. The additional left-turn opportunity would also improve the current operation of both intersections. Please refer to Mitigation Measure 1 below in Section 3.2.2, which requires the project's implementation of these intersection improvements (Draft EIR, p.5-45). In addition to improvements proposed at the two intersections mentioned above, the Phase I project traffic generated by the Harveston project would require additional intersection and roadway improvements in order to achieve acceptable service levels. The onsite roadway improvements (see Mitigation Measures 2a and 2b) are part of the Harveston project's Circulation Plan (Draft EIR, P. 5-50). Project Buildout - 2005 Scenario: Under this scenario there will be an increase in traffic levels. Based on the assumed land uses, the entire project (both components) would generate approximately 41,767 daily vehicle trips. It should be noted that at project buildout the residential planned community component of the Specific Plan generates 17,678 daily trips or 42% of the total 41,767 daily trips and the service commercial component generates 24,089 daily trips or 58% of the total daily trips (Draft EIR, p. 5-41). The HCM analysis indicates that with the project, a total of ten off-site intersections would result in a level of Service F during one or both of the peak hours. Since the project's traffic contributes incrementally to this cumulative impact, it will be responsible for its fair-share of the improvements. With the implementation of Mitigation Measure 3 below in Section 3.2.2, the project's incremental impact can be reduced to a less than significant level (Draft EIR, p. 5-60). In addition to the off-site intersection improvements, the 2005 with project build-out scenario will require the additional intersection and roadway improvements in the immediate project vicinity to accommodate project traffic access and to achieve acceptable service levels. The on-site roadway improvements (see Mitigation Measures 4a and 4b) are part of the Harveston project's Cimulation Plan (Draft EIR, p. 5-74). The impact is mitigated with project improvements and mitigation measures (Mitigation Measures 3 through 5) (Draft EIR, p.5-82 and 83). R:~S PXHarveston SP\City CouncilW. ESO CC EIR Findings.doc Additionally, the currently adopted Temecula Circulation Plan is no longer consistent with the adopted City of Murrieta Circulation Plan which shows a Cherry Street alignment. Although the project site plan evaluated in this Traffic Impact Analysis proposes a circulation system, which is consistent with the currently adopted Circulation Plan for Temecula, the onsite circulation could be easily modified to accommodate and facilitate implementation of the Alternative Draft Proposed Circulation Plan if it is adopted. The modifications necessary to provide consistency with the Draft Circulation Plan would not measurably alter the offsite impacts and improvement needs that have been identified in the EIR Traffic section. Because the adoption of the City's Draft Proposed Circulation Plan may occur subsequent to the City's action on the proposed project, Mitigation Measure 6 has been proposed to ensure that the Harveston project's implementation would not prevent implementation of the City's Draft Circulation Plan (Draft EIR, p. 5-77). Traffic Demand and Systems Management The existing site does not now provide alternative transportation opportunities for area residents. The circulation portion of the Specific Plan will provide for alternate transportation opportunities. The project site does not presently provide access for pedestrians or bicyclists due to its unimproved condition and isolated location. The circulation plan of the Specific Plan provides both pedestrian and bicycle circulation for area residents as well as project visitors. This proposed network of sidewalks and trails will provide non-vehicular access to the service commercial area, onsite and offsite schools, the extensive park and recreation system and the mixed use Village Center. The proposed sidewalks and Class II bike lanes on Margarita Road will eventually allow non-vehicular access offsite, and will tie into trails along Santa Gertrudis Creek. A separate transit plan, bicycle plan and open space / recreation plan (which includes trails) have all been included in the Specific Plan. Mitigation Measures 7 through 9 will help reduce vehicle trips and traffic congestion (Draft EIR, p. 5-76). 2. Findings. Implementation of the following mitigation measures will reduce Phase I project traffic impacts to a less than significant level: Phase 1 Scenario - Year 2002 a. Prior to issuance of Ist occupancy permit for Phase I Residential and 1st occupancy permit for Phase I service commercial, the developer(s) shall implement the improvements for intersections 28, 29, 30A, 30B and 31 outlined in Table 6, Exhibits 26A-26C of this EIR, and listed below. Prior to issuance of 326th occupancy permits for the Phase I Residential and more than 8 acres of Phase I Service Commercial development (i.e. the southern portion of Planning Area 12), the developer(s) shall implement the improvements for intersections 4 and 5 outlined in Table 6, Exhibits 26A-26C of this EIR, and listed below. City may review and adopt a funding mechanism for the improvement costs above the Project percentage for 'lair share" consistent with Section 12.3 of the Specific Plan, the "Financing Mechanism". 10 R:~S PXHarveston SP~City Council~ESO CC EIR Findings.doc Intersection Improvement Needs 2002 With Project Phase I ID No. [ Intersection I Improvements I Project % Prior to issuance of 1st Occupancy Permit for Phase I Residential and lS' Occupancy Permit for Phase I Service Commercial 28 Rustic Glen Dr @ (1 ) Add EB Left Turn Lane Margarita Rd (2) Add EB Shared Through and Right Turn Lane (3) Add NB Left Turn Lane (4) Add NB Through Lane (5) Modify WB Right Turn Lane to Shared Through 100% and Right Turn Lane (6) Add SB Through Lane (7) Add SB Right Turn Lane (8) Modify Signal to Accommodate New EB Approach 29 Margarita Rd @ (1) Add NB Left Turn Lane South Project (2) Add SB Right Turn Lane Residential (3) Add EB Left Turn Lane 100% (4) Add EB Right Turn Lane (Dual) (5) Install Traffic Signal 30A South Project (1) Add EB Through Lane Residential Access Rd Inbound @ Internal (2) Add NB Left Turn Lane 100% Loop Access Rd (3) Add NB Right Turn Lane (4) Add WB Through Lane (5) Install Traffic Signal 30B South Project (1) Add EB Through Lane Residential Access Rd Outbound @ Internal (2) Add EB Right Turn Lane Loop Access Rd (3) Add WB Through Lane 100% (4) Add WB Right Turn Lane (5) No Intersection Controls Needed 31 East Project (1) Add NB Through Lane Residential Access Rd @ Internal Loop (2) Add NB Right Turn Lane Access Rd (3) Add WB Left Turn Lane 100% (4) Add WB Right Turn Lane (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Signs on WB Approach Prior to issuance of 326tn Occupancy Permit for Phase I residential and more than 8 acres of Phase I Service Commercial 4 Winchestbr Rd @ (1) Modify Signal to Provide NB Right Turn Ynez Rd Overlap Phase (2) Modify Signal to Provide SB Right Turn 45% Overlap Phase (3) Add EB Through Lane 5 Winchester Rd @ (1) Modify Signal to Provide SB Right Turn 51% Margarita Rd Overlap Phase (2) Add EB Left Turn Lane H R:',S P'xHarveston SP~City CouncilXRESO CC EIR Findings.doc b. Prior to issuance of occupancy permits for Phase I, the developer(s) shall implement the Roadway Improvement Needs identified below. Exhibit 10, Development and Roadway Phasing Plan identifies the proposed timing for on-site Roadway Improvement Needs. A program for the improvements listed below with an ..... shall be completed to the satisfaction of the City and the developer (Draft EIR, p.5-81). Complete 4-lane widening of Margarita Road to Arterial highway standards between Santa Gertrudis Creek and Date Street.* The proposed South Residential Access Road and Loop access Road will be constructed to provide adequate access to the first phase of the Harveston project. This will include at a minimum, the following key on-site circulation components: South Residential Access Road, which provides two lanes in each direction with provisions for a median left-turn lane at the intersection with Margarita Road. East Residential Access Road (i.e., extension of Rustic Glen), which provides one lane in each direction with provisions for a median left turn lane at margarita Road and the internal Loop Access Road. Loop Access Road, which provides a single lane in each direction with a center two-way left-turn lane. Additionally, turn lanes may be needed at key intersections (refer to Exhibits 26A-26C). Curbside parking should not generally be provided along the internal Loop Access Road except where required by the City of Temecula. The provision of curb parking should consider sight distance limitationS, which may occur along the interior of the Loop Access Road. Bike lanes shall be provided on the three principal on-site roadway described above. c. Prior to issuance of occupancy permits for Phase I, the developer(s) shall pay the City's established DIF, less any DIF credits applicable to the project. In lieu of the DIF payment, at the City's discretion, the developer(s) may implement the off-site Improvement Needs identified previously in Mitigation Measures 1 and 2a above (Draft EIR, p.5- 82). 3. Findings. Implementation of the following mitigation measures will reduce project Build-Out traffic impacts to a less than significant level: Proiect Build-Out Scenario - Year 2005 a. Prior to the issuance of occupancy permits for the Phase II build- out of Residential (i.e., beyond 476 single family units and 346 multi-family units) and Service Commercial (i.e., beyond 20 net acres in Planning Area 12), and Village Center neighborhood commercial (i.e., beyond 8,000 square feet), the developer(s) shall pay their fair-share improvement costs for the intersection improvements outlined in Table 8 of this EIR and listed below. The specific timing of project 2005 build-out improvements (Phase 2 through Phase 4) shall be consistent with the Traffic Mitigation Monitoring Program (TMMP), as required in Mitigation Measure 5 below. 12 R:~S P~Harveston SP~City Council~ESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. IIntersection Improvements Project % 1 Winchester Rd @ (1) Add EB Right Turn Lane Jefferson Ave (2) Add NB Right Turn Lane (Dual Right) (3) Add Southbound Left Turn Lane 16% (4) Convert SB Right Turn Lane to Shared Through and Right Turn Lane 2 Winchester Rd @ (1) Add EB Right Turn Lane 1-15 Southbound (2) Add SB Dedicated Left Turn Lane (Dual Left) and 23% Ramp Widen Off Ramp to Accommodate the Added Lane 4 Winchester Rd @ (1) Add EB Left Turn Lane (Dual Left) Ynez Rd (2) Add EB Through Lane (3) Modify NB Through Lane to Shared Through and Left Turn Lane (4) Modify Signal to Provide NB Right Turn Overlap 62% Phase (5) Split NB and SB Signal Phases (6) Add WB Through Lane (7) Add SB Shared Through and Right Turn Lane 5 Winchester Rd @ (1) Modify Signal to Provide SB Right Turn Overlap Margarita Rd Phase (2) Modify Signal to Provide NB Right Turn Overlap 42% Phase (3) Add EB Left Turn Lane (Dual) 10 Murrieta Hot Springs (1) Add WB Left Turn Lane (Dual) Rd. @ Jefferson Ave (2) Channelize NB Right Turn Lane to Allow Free 4% Right Turn Movement 12 Murrieta Hot Springs (1) Add WB Right Turn Lane Rd @ Alta Murata Dr (2) Modify WB Shared Through and Right Turn Lane 21% to Through Lane 13 Murrieta Hot Springs (1) Modify EB Through Lane to Shared Through and Rd @ Margarita Rd Right Turn Lane (2) Modify NB Through Lane to Shared Through and 43% Left Turn Lane 18 Overland Dr @ (1) Modify Signal to Provide WB Right Turn Overlap Jefferson Ave Phase (2) Modify Signal to Provide NB Right Turn Overlap 14% Phase (3) Split NB and SB Signal Phases (4) Add EB Right Turn Lane 19 Overland Dr @ (1 ) Add WB Right Turn Lane Ynez Rd (2) Modify WB Shared Through and Right Turn Lane to Through Lane 27% (3) Modify Signal to Provide WB Right Turn Overlap Phase (4) Modify Signal to Provide SB Right Turn Overlap Phase 26 Overland Dr @ (1) Modify NB Through Lane to Shared Through and Margarita Rd Left Turn Lane 100% (2) Split NB and SB Signal Phases 13 R:\S PLHarveston SP\City CouncilhRESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Project % 28 Rustic Glen Dr @ (1 ) Add EB Left Turn Lane Margarita Rd (2) Add EB Shared Through and Right Turn Lane (3) Add NB Left Turn Lane (4) Add NB Through Lane (5) Modify WB Right Turn Lane to Shared Through 100% and Right Turn Lane (6) Add SB Through Lane (7) Add SB Right Turn Lane (8) Modify Signal to Accommodate New EB Approach 30A South Project - (1) Add EB Through Lane Residential Access (2) Add NB Left Turn Lane Rd Inbound @ (3) Add NB Right Turn Lane 100% Internal Loop Access (4) Add WB Through Lane Rd. (5) Install Stop Signs on EB and WB Approaches 30B South Project Resi- (1) Add EB Through Lane dential Access Rd. (2) Add EB Right Turn Lane Outbound @ Internal (3) Add WB Through Lane 100% Loop Access Rd (4) Add WB Right Turn Lane (5) No Intersection Controls Needed 31 East Project (1) Add NB Through Lane Residential Access (2) Add NB Right Turn Lane Rd. @ Internal Loop (3) Add WB Left Turn Lane Access Rd (4) Add WB Right Turn Lane 100% (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Sign on WB Approach 32 Date St @ Ynez Rd (1 ) Add 3 EB Through Lanes (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane 42% (7) Add 2 WB Through Lanes (8) Add 2 WB Left Turn Lanes (Dual Left) (9) Add WB Right Turn Lane (10) Add 2 SB Through Lanes (11) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal 33 Date St @ Service (1) Add NB Through Lane Commercial Access I (2) Add NB Right Turn Lane (3) Add WB Left Turn Lane (4) Add WB Right Turn Lane 100% (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Signs on NB and SB Approaches 14 R:~ l:~Harveston SP~City CouncilLRESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Project % 34 Date St @ North (1 ) Add 2 EB Through Lanes Project Residential (2) Add EB Left Turn Lane Access Rd (3) Add EB Right Turn Lane (4) Add NB Shared Through and Left Turn Lane (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane 76% (7) Add 2 WB Through Lanes (8) Add WB Left Turn Lane (9) Add WB Right Turn Lane (10) Add SB Shared Through and Right Turn Lane (11) Add SB Left Turn Lane (12) Install Traffic Signal 35 North Project (1) Add EB Through Lane Residential Access (2) Add EB Left Turn Lane Rd. Internal Loop (3) Add WB Through Lane Access Rd (4) Add WB Right Turn Lane 100% (5) Add SB Left Turn Lane (6) Add SB Right Turn Lane (7) Install Stop Signs on EB and WB Approaches 36 Ynez Rd @ (1 ) Add EB Through Lane Service Commercial (2) Add EB Right Turn Lane Access II (3) Add NB Left Turn Lane (4) Add NB Right Turn Lane 100% (5) Add WB Through Lane (6) Add WB Left Turn Lane (7) Install Stop Signs on EB and WB Approaches 37 Ynez Rd @ (1) Add EB Right Turn Lane Service Commercial (2) Add 2 NB Through Lanes Access III (3) Add NB Left Turn Lane 77% (4) Add 2 SB Through Lanes (5) Add SB Right Turn Lane (6) Install Stop Sign on EB Approach 38 Ynez Rd @ (1) Add EB Shared Through and Right Turn Lane Service Commemial (2) Add EB Left Turn Lane Access IV (3) Add 2 NB Through Lanes 86% (4) Add NB Left Turn Lane (5) Add NB Right Turn Lane (6) Add WB Shared Through and Right Turn Lane (7) Add WB Left Turn Lane (8) Add 2 SB Through Lanes 86% (9) Add SB Left Turn Lane (10) Add SB Right Turn Lane (11) Install Traffic Signal 15 R:\S P~Harveston SP~City Council~RESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Project % 39 Date St @ (1 ) Add EB Shared Through and Left Turn Lane Margarita Rd (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane (7) Add WB Shared Through and Right Turn Lane 37% (8) Add WB Left Turn Lane (9) Add SB Through Lane (10) Add SB Shared Through and Right Turn Lane (11 ) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal b. Prior to issuance of occupancy permits for the build-out of residential and service commercial (Planning Area 12), the developer(s) shall implement the Roadway Improvement Needs identified below. Exhibit 10, Development Phasing Plan identifies the proposed timing for On-site Roadway Improvement Needs. A fair-share program for the improvements listed below with an * may be completed to the satisfaction of the City and the developer (Draft EIR, p.5-85, 86). Construct Date Street between the Service Commercial Access Driveway and Margarita Road as a 6-lane restricted access Urban Arterial. The exact alignment of Date Street (or Cherry Street) needs to be coordinated with study efforts related to the proposed future Date Street (or Cherry Street) interchange. · Realign and extend Ynez Road from current terminus to just south of Date Street as a 4- lane Major. · Construct Ynez Road from the northern project boundary to just south of Date Street as a 4-lane Arterial. Construct the North Residential Access Road between Date Street and the internal Loop Access Road as a 4-lane road with provisions for a median left-turn lane at the intersection with Date Street. Construct the internal Loop Access road as a two-lane roadway with center two-way left turn lane. Curbside parking shall not generally be provided along the Loop Access Road except where required by the City of Temecula. The provision of curb parking shall consider right distance limitations that may occur along the interior side of the Loop Access Road. · Bike lanes shall be provided along the Loop Access Road and all three project access roads from Date Street and margarita Road. 16 R:~S P~Harveston SP~City Councirug, ESO CC EIR Findings.doc c. Prior to issuance of occupancy permits for the build-out of residential and service commercial (Planning Area 12), the developer(s) shall pay the City's established DIF, less any available DIF credits. In lieu of the DIF payment, at the City's discretion, the developer(s) may implement the off-site Roadway Improvement Needs identified previously in Mitigation Measures 3 and 4a above (Draft EIR, p.5-86). d. Prior to the recordation of the first map or the approval of the first development application in Planning Area 12, whichever occurs first, the land area required for the future interchange (approximately 10 acres) shall be dedicated to the City of Temecula. e. Consistent with the City's Circulation Element policies, the Harveston project shall implement a Traffic Mitigation Monitoring Program (TMMP) related to the project's traffic impacts. This program would include a series of focused traffic studies that address the potential incremental traffic impacts and roadway system needs associated with subsequent development phases of the project. The EIR traffic study has identified the project- related traffic impacts and roadway system improvement needs at both build-out of the project and for Phase 1 of the project. This traffic study also provides a measure of the overall project's mitigation responsibilities. The intent of the Traffic Mitigation Monitoring Program is not to re- define mitigation responsibility, but rather to assist in the refinement of area improvement needs and the timing of these improvements (Draft EIR, p.5-86). The Traffic Mitigation Monitoring Program proposes that a focused traffic study be prepared prior to occupancy of development included in each of the future development phases (e.g., 2, 3, and 4). The focused traffic study would: 1) document ambient traffic volumes conditions; 2) estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the focused traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area should include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide access to the new development. Critical intersections / roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion (at the time the focused traffic study is to be performed) and/or those roadways that are part of the General Plan arterial road network. City in proactively planning for area roadway improvements (Draft EIR, p.5-86). f. Prior to approval of the Final Map, the developer(s) shall demonstrate to the satisfaction of the City's Department of Public Works that the project will allow for the facilitation of the City's ultimate Circulation Plan (Draft El R, p.5-86). Traffic Demand and Systems Manaqement Measures: In addition to the previously roadway and/or intersection improvements identified in Mitigation Measures a through f above, the following transportation system management / transportation demand management (TSM / TDM) measures are recommended to help reduce vehicular trips and traffic congestion: g. Prior to the approval of a tentative map or development plan, the developer will forward tract maps to the Riverside County Transit Agency (RTA) for review and comment regarding bus turnouts, shelters, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City and the RTA (Draft EIR, p.5-86). 17 R:~S P'~Harveston SP~City CouncilXRESO CC EIR Findings.doc h. Prior to the approval of a tentative map for individual planning areas or development plan, the developer and City staff will review plans, specially for multi- family housing areas, commercial uses, and parks for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities (Draft EIR, P.5-86, 87). i. During the development plan review, major employers (i.e., more than 250 employees) who locate their business within the project shall prepare Transportation Demand Management (TDM) plans in accordance with the Riverside County Council of Governments (RCTCANRCOG) guidelines (Draft EIR, p.5-87). 4. Supporting Explanation. In order to lessen the need for vehicle trips and to facilitate pedestrian and bicycle movement throughout the Project, the Specific Plan provides a system of bikeway and pedestrian pathways. These amenities will be provided along Margarita Road, Ynez Road, Santa Gertrudis Creek, Date Street and Loop Access Road (Draft EIR, p. 5-76). With the implementation of the project as proposed, including the Specific Plan Circulation Element and Mitigation Measures (including recommended roadway and intersection improvements), no significant traffic impacts will result from the proposed project under the Phase I - 2002 and Full Build-Out 2005 Scenarios (Draft EiR, p. 5-87). The main objective of the Circulation Plan is to provide direct and convenient access to individual residential enclaves, employment and service land uses through a safe and efficient network including arterial, secondary, collector, and local roadways, and a pedestrian trail/sidewalk system. The Loop Road, which will be the primary circulation route through Harveston, is envisioned as a landscaped parkway, with a right-of-way width of 66-feet. This accommodates a 44-foot road width, with wide parkway strips on either side (Draft EIR, p. 5-74 - 75). Roadways adjacent to the site will be improved to provide efficient access. Ail other residential roads, cul-de-sacs, and alley designs will be developed in conjunction with tentative tract maps for individual planning areas (Draft EIR, p. 5-74 - 75). C. Noise 1. Potential Significant Impacts. Construction activities, especially heavy equipment, will create short-term noise increases near the project site. With little development on the project site, initial heavy construction will not have significant noise impact potential. Such impacts may however, become important if construction occurs near already completed residential uses during later phases of project development (Draft EIR, p. 5-108). Upon completion, project-related traffic will cause an incremental increase in areawide noise levels throughout the Temecula area. Traffic noise impacts are generally analyzed both to insure that the project does not adversely impact the acoustic environment of the surrounding community, as well as to insure that the project site is not exposed to an unacceptable level of noise resulting from the ambient noise environment acting upon the project (Draft EIR, p. 5- 108). 2. Findings. The following Mitigation Measures will be implemented to reduce potential noise impacts to a less than significant level 18 RSS PkHarveston Sl~City CouncilLRESO CC EIR Findings.doc Short-term construction impact The following measures are required to reduce short-term construction noise impacts: a. As specified in City of Temecula Ordinance No. 94-25, no construction may occur within one-quarter (1/4) of a mile of any occupied residence during the following hours (Draft EIR, p. 5-119): 6:30 p.m. to 6:30 a.m., Monday through Friday. Before 7:00 a.m. or after 6:30 p.m., Saturday. At any time on Sunday or any nationally recognized holiday. b. All construction equipment shall use properly operating mufflers, and no combustion equipment such as pumps, generators or motors shall be allowed to operate within one quarter (1/4) mile of any occupied residence from 6:30 p.m. to 6:30 a.m. unless such equipment is surrounded by a noise protection earthen berm or solid barrier (Draft EIR, p. 5- 119). c. All construction staging shall be performed as far as possible from occupied dwellings (Draft EIR, p. 5-119). Long-term noise impact The following measures are required to achieve compliance with City standards for land use compatibility with respect to interior and exterior noise: d. A noise mitigation analysis shall be performed, at the final map stage (for individual planning areas), for all future project noise-sensitive uses potentially exposed to noise levels in excess of 60dB CNEL to verify that planned noise protection will meet City of Temecula standards (Draft EI R, p. 5-119, 120). Exterior recreational areas shall be protected to achieve noise levels of less than 65 dB CNEL. Interior living areas shall be protected to achieve noise levels of less than 4 dB CNEL. Substantial perimeter walls separating rear yards from the roadway right-of way along Date Street are anticipated to be necessary. Precise wall geometrics shall be determined once exact setbacks and building pad grades are established. Moderately upgrading window treatments shall be necessary along Date Street in upstairs bedrooms closest to the roadway. Minor acoustical upgrades shall be needed along Margarita or Ynez beyond simply closing windows to shut out roadway noise. The building code requires that supplemental fresh air ventilation be provided in rooms where window closure for traffic noise protection is necessary. A detailed noise attenuation evaluation shall be conducted in a supplemental acoustical study to be submitted when the tract map is filled with the appropriate agency. 19 R:\S PXHarveston SPXCity CouncilXRESO CC EIR Findings.doc 3. Supporting Explanation. The proposed Harveston project shall comply with the applicable codes and standards. Compliance with the City's standards shall assure regulations of nuisance noise during all phases of construction and operation of the project (Draft EIR, p. 5-119). Implementation of mitigation measure 4 and the rear yard perimeter protection for usable outdoor space (yard, patio, spa, etc.) for proposed homes along Date Street, Ynez Road, and Margarita Road will reduce the impacts to less than significant. In addition, implementation of mitigation measures 1-3 listed above, for temporary noise impacts emanating from construction activities, will reduce the short-term impacts to a level of less than significant (Draft EIR, p. 5- 120). D. Geology and Soils 1. Potential Significant Impact. The proposed project may introduce potential impacts related to seismic activity and other soils and geologic hazards (i.e., liquefaction, lateral spreading, earth-quake induced flooding, expansive soils, permanent cut slopes, surficial slopes instability, shrinkage and subsidence, and soil corrosivity) (Draft EIR, p. 2-18). Generally, geotechnical issues are site-specific and will be limited to within the development boundaries of the specific Plan site; therefore, no cumulative geotechnical impacts are anticipated (Draft EIR, p. 5-131). 2. Findings. The following Mitigation Measures will be implemented to reduce potential project geology and soils impacts to a less than significant level: a. During staff review of the tentative map for individual planning areas, an updated geotechnical/geologic report shall be prepared to include any necessary revisions to earthwork, foundation, design, and construction recommendations (Draft EIR, p. 5- 132). b. Prior to the issuance of a grading permit, the recommendations contained in section 6.0 of the geotechnical study, located in Appendix E of the Draft EIR shall be incorporated into the earthwork activities of the proposed project to the satisfaction of the City Engineer. Earthwork activities include grading removals, subdrains, permanent slopes, temporary slope excavations, utility trench backfill, and site drainage. Additional recommendations are presented to mitigate the potential impacts related to liquefaction, expansive soil potential, and shrinkage and subsidence (Draft EIR, p. 5-132). c. Prior to the issuance of a building permit, the recommendations contained in Section 7.0 of the geotechnical study, located in Appendix E of this document, shall be incorporated into the structural design of the proposed project to the satisfaction of the Chief Building Official. Structural design activities include: foundation design; retaining walls; slabs- on-grade; and appurtenant facilities (Draft EIR, p. 5-132). d. Prior to issuance of a building permit, it shall be proven to the Department of Building and Safety that al structures shall be designed in accordance with the seismic design provisions of the California Building Codes or Structural Engineering Association of California to promote safety in the event of an earthquake (Draft EIR, p. 5-132, 133). 3. Supporting Explanation. Application of the following standard conditions and uniform codes will reduce a number of potential impacts to a level of less than significant (Draft EIR, p. 5-131,132): 20 R:~ P~Harveston SP~City CouncilkRESO CC EIR Findings.doc · UBC, City Building Codes, and applicable seismic standards will reduce ground-shaking and related seismic effects to a level of less than significant. UBC, City Building Codes, and geotechnical report requirements will reduce impacts related to liquefication and seismically related soil conditions to a level of less than significant. City grading and Building Codes will reduce impacts related to disposal of excavated material, to a level of less than significant. · UBC or City grading and Building Codes will reduce impacts related to unstable cut and fill slopes to a level of less than significant. · Cai OSHA Construction Safety Orders and City grading and Building Codes will reduce impacts related to trench wall stability to a level of less than significant. · City grading and Building Codes will reduce impacts related to erosion of graded areas to a level of less than significant. · City grading and Building Codes will reduce impacts related to alteration of runoff, to a level of less than significant. · City grading and Building Codes will reduce impacts related to unprotected drainage ways to a level of less than significant. · City grading and Building Codes will reduce impacts related to increased impervious surfaces to a level of less than significant. With implementation of the mitigation measures listed above and compliance with standard federal, state, and local building codes, potential project impacts associated with seismic activity and other soil / geologic hazards will be reduced to levels less than significant (Draft EIR, p. 5- 133). E. Hydrology and Drainage 1. Potential Significant Impact. The proposed project has the potential to result in a long-term impact on water quality due to the addition of pollutants typical of urban runoff. Additionally, the proposed project has the potential to increase impervious surfaces, leading to increased runoff. The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in a cumulative impact related to hydrology and drainage issues (i.e., water quality impacts, erosion, down stream siltation). The project's incremental contribution to this impact can be mitigated to a level less than significance. Water runoff will cumulatively increase due to the introduction of impervious surfaces. The proposed mitigation measure will reduce the project's incremental cumulative impact to a level less than significant (Draft EIR, p. 5-146). 2. Findings. The following Mitigation Measures will be implemented to reduce potential hydrology and drainage impact to a less than significant level: 21 R:\S PLqarveston SP\City CouncilLRESO CC EIR Findings.doc a. Prior to issuance of any grading permits for any areas larger than 5 acres in size, the developer shall submit a "Notice of Intent" (NOI), along with the required fee to the applicable Regional Water Quality Control Board or the State Water Resoumes Control Board to be covered under the State national Pollutants Discharge Elimination System (NPDES) General Construction permit and provide the City with a copy of the written reply containing the developer's identification number (Draft EIR, p. 5-146). b. Prior to the issuance of the grading permits, the developer shall provide a Water Quality Management Plan showing conformance to all NPDES requirements (enacted by the Environmental Protection Agency (EPA) and Regional Water Quality Control Board, San Diego Region) for review and approval by the City Engineer. The plan shall reduce the discharge of pollutants to the maximum extent practical using best management practices, erosion control techniques and systems, design and engineering method and such other provision which are appropriate (Draft EIR, p. 5-147). Storm Water Quality Alternatives c. Catch Basin Filters: Storm water runoff may contain quantities of oil and grease from the use of vehicles. Catch basin filters could be installed on the on-site catch basins to absorb these contaminants before they get into the storm drain system. Catch basin filter is a filter which utilizes a natural absorbent material called Amorphos Alumina silicate (Fossil Rock) to filter out oil and grease and also maintain sufficient flow rate. Exact design of the filters may vary according to the characteristics of the proposed catch basins. A maintenance program would need to be developed, if possible to make this practice practical. Such a program typically includes periodic inspections, debris removal, local area cleanup, and replacement of filter absorbent material. An entity would need to be identified to carry out the maintenance program (Draft EIR, p. 5-147). d. Catch Basin Cleaninq: Cleaning of catch basin would be performed regularly to remove debris and reduce pollutant concentrations before first flush during storm seasons. Cleaning would also minimize clogging of the catch basin filter and underground drainage system. This catch basin cleaning practice should be at minimum provided once a year before the wet season to eliminate debris accumulated during the summer (Draft EIR, p. 5-147) e. Storm Drain System Siqnaqe: The Standard "No Dumping" signs would be posted at all the catch basin on-site (Draft EIR, p. 5-147) f. Household Hazardous Waste Collection and Education: Information regarding the City's or County's mobile collection program, or a stationary collection site if the City or County has one in the area, or businesses in the area certified to take in such waste could be given to new home buyers by the homebuilder at the time of new home purchase. If a homeowners association (HOA) is formed for this development, similar information could be disseminated on a regular basis (newsletters, billings, etc.) through this organization. The HOA and homebuilder could obtain information on programs from and coordinate with the City's Community Services Department (Draft EIR, p. 5-147). 3. Supporting Explanation. All construction activity will comply with NPDES requirements, as implemented and enforced by the California Regional Water Quality Control Board, San Diego Region. Also, all commercial development will comply with NPDES requirements for stormwater runoff control, as implemented and enforced by the California Regional Water Quality Control Board, San Diego Region. Prior to the issuance of occupancy 22 R:~S P~larveston SP\City Council~RESO CC EIR Findings.doc permits, the City will ensure that any required permanent facilities are in place. Compliance with these standard requirements will be mandated for the project (Draft EIR, p. 5-146). With implementation of proposed Mitigation Measure 1, the potential impacts to drainage will be reduced to a level less than significant (Draft fIR, p. 5-147). With implementation of proposed Mitigation Measure 1, the potential impacts associated with flooding will be reduced to a level less than significant (Draft fIR, p. 5-147). With implementation of proposed Mitigation Measures 2 and 3, the potential impacts to water quality will be reduced to level less than significant (Draft EIR, p. 5-147). Implementation of proposed Mitigation Measures 1 through 3 will reduce the project's contribution to potential cumulative drainage, flooding, and water quality impacts to a level less than significant (Draft EIR, p. 5-147). Incorporation into the Specific Plan of these mitigation measures will result in changes or alterations to the Specific Plan that will reduce hydrology and drainage impacts to a less than significant level. F. Biological Resoumes 1. Potential Significant Impacts. Impacts to Sensitive Species Although the proposed project occurs within the SKR Habitat Conservation Plan Area, this species is highly unlikely to occur onsite, and implementation of the SKR mitigation fees will reduce potential impacts to a level less than significant. Impacts to Jurisdictional Areas The proposed project will impact approximately 2.86 acres of '~Naters of the United States." No wetlands or riparian plant communities will be effected by the proposed project. The project has obtained a 404 permit from the Army COE and a 1603 Agreement from the CDFG. Mitigation for these impacts includes avoidance and habitat creating. With the implementation of the 404 and 1603 permit conditions, no significant impacts to Jurisdictional Waters are anticipated (Draft EIR, p. 5-156). 2. Findings. The following Mitigation Measures will be implemented to reduce potential biological resources impact to a less than significant level a. Prior to the issuance of a grading permit, the developer shall provide proof to the Department of Public Works and planning that the conditions of 404 and 1603 permits pertaining to the arroyo Park restoration have been bonded for and shall be implemented consistent with the timing requirements of the permits (Draft EIR, p. 5-157). b. Prior to the issuance of a grading permit, the developer shall pay applicable SKR mitigation fees in accordance with Chapter 8.24 (Habitat Construction) of the Temecula Municipal Code (Draft fIR, p. 5-157). 3. Supporting Explanation. Although no impact has been identified to SKR, implementation of the above standard condition will ensure that any potential impact to SKR regionally is mitigated to less than significant level. The proposed project will impact R:~S P~-[a~'~¢ston SP\C[t~ Council~,ESO CC fIR Findings.doc approximately 2.86 acres of "waters of the United States." No wetlands or riparian plant communities will be effected by the proposed project. Lennar Homes has obtained a 404 permit from the army COE and a 1603 Agreement from the CDFG. Mitigation for these impacts includes avoidance and habitat creation. Mitigation Measure I requires implementation of conditions of 404 and 1603 regarding restoration of the Arroyo Park, which will reduce impacts to levels of insignificance. The project, in conjunction with other past, present, and reasonably foreseeable future projects, will incrementally contribute to the cumulative loss of biological resources. The project's incremental contribution to this impact will be mitigated to a less than significant level (Draft EIR, p. 5-157). G. Public Services and Utilities 1. Potential Significant Impact. The proposed project will create increased demand for public services and utilities on a local and regional basis (Draft EIR, p. 2-22). Fire According to the Temecula Fire Services and Riverside County Fire Department, future development of the project site will not create a need for expansion of facilities or addition of staff nor will it adversely impact the level of Service presently provided. Because the proposed project is located within City limits, the Fire Services Fees are included in the City's Development Impact Fees (DIF). With implementation of Mitigation Measures 1-4, potential impacts would be mitigated to less than significant levels (Draft EIR, p. 5-163). Police Development within the project area will adversely impact the level of police services presently provided. Calls for service will increase, requiring additional staff and office time to manage the project area. According to the City of Temecula Police Department, development of the project site will create the need for an additional storefront field office facility to support walk-in type "Calls for Service" (Draft EIR, p. 5-163). The proposed project would also create the need for additional staff. Presently, there is no revenue budgeted for such an expansion (Draft EIR, p. 5-163). Schools The development of 1,921 new residential units would generate 787 additional elementary school students, 337 middle school students, and 244 high school students. A new elementary school site would be needed since the school currently serving the area in no longer able to expand on the existing site. Additionally, expansions to Day Middle School and Chaparral High School would be required to house new students. Additional staff would also be required to serve the students (Draft EIR, p. 5-164). Parks and Recreation The proposed project would create additional demands on existing recreation facilities and service related programs. Implementation of the Harveston Specific Plan will create an additional demand for parks and recreation facilities. Additional staffing would be anticipated to fulfill these needs in concurrence with project development (Draft EIR, p. 5-164). 24 R:kS PkHarveston SP~City Council\RESO CC EIR Findings.doc Library The development of 1,921 new houses will generate additional patrons and will ultimately create a need for additional library staff, space, and additional resources. Additionally, the proposed project will create an increase in traffic though the library. The project will pay library fees, which are included in the City's DIR Fees to offset the project's effect on library facilities. The annual special tax paid by property owners helps offset library operations and maintenance. With implementation of Mitigation Measure 12, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-165). Public Transportation The proposed project is anticipated to result in an increased demand for extended service to cover the project site. The project will create a need to expand coverage of the current TemeculaJMurrieta routes. Additional buses are also needed to meet demands for increased service. Bus turnouts and shelters to serve future residents shall be provided as required and established by the City Engineer, director of Planning, and the RTA (Draft EIR, p. 5-165). Water Implementation of the proposed project would result in development of land uses that may impact existing water services and facilities. Although the Rancho California Water District foresees no problems serving the proposed project, construction of Winchester Reservoir No. 2 by RCWD will occur on an as-needed basis as water demands increase in the 1380 Pressure zone (Draft EIR, p. 5-165). Sewer Implementation of the proposed project may result in additional demand on the existing sewer system from increased sewage flows, but will not adversely impact the level of service presently provided (Draft fIR, p. 5-166). Harveston Specific Plan area is located within the sewer service boundaries of Eastern Municipal Water District (EMWD). According to the Eastern Municipal Water District, the existing facilities can accommodate this increased demand. Expansion of facilities and additional staff will be required over time (Draft fIR, p. 5-166). Storm Drainaqe / Flood Control The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in a cumulative impact related to hydrology and drainage issues. The project's incremental contribution to this impact can be mitigated to a level less than significance. Water runoff will cumulatively increase due to the introduction of impervious surfaces. The proposed mitigation measure will reduce the project's incremental cumulative impact to a level less than significant (Draft EIR, p. 5-146). Natural Gas Southern California Gas Company (SCG) indicated that gas service could be provided in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. With implementation of Mitigation Measure 13, potential significant impacts would be mitigated to less than significant levels (Draft fIR, p. 5-171). 25 R:~S P~-Iarveston SP~City Council\RESO CC EIR Findings.doc Electricity Southern California Edison Company (SCE) does not anticipate any significant impacts in providing the project site with electrical power. SCE stands ready to install distribution facilities for the project site. With implementation of Mitigation Measure 14, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-171). Solid Waste Project implementation will increase the amount of solid waste generated in the region, which in turn will increase the demand upon services of waste haulers in the project area. In addition, the construction phase of the development will also produce on-site solid waste (Draft EIR, p. 5- 171). There appears to be adequate landfill space for the present and immediate future, and the City participates in solid waste management activities through its SRRE. Based on this information, no significant solid waste utility impacts are expected with the implementation of Mitigation Measure 15 through 19. The project will be consistent with the goals of the General Plan related to utility systems after implementation of the proposed Mitigation Measures 15 through 19 (Draft EIR, p. 5-172). 2. Findings. The following Mitigation Measures will be implemented to reduce potential public services and utilities impact to a less than significant level: Fire a. Prior to the issuance of building permits, developer of individual projects shall pay the Development Impact Fee - Fire Protection Facilities Component per dwelling unit and per square foot of commercial spaces as adopted by the City of Temecula (Draft EIR, p. 5-176). b. Prior to issuance of building permits, the developer will demonstrate that all structures on-site shall be constructed with fire retardant roofing material as described in section 3202 of the California building Code. All roof materials shall be a class "B' rating and shall be approved by the Fire Department prior to installation (Draft EIR, p, 5-177). c. Prior to the issuance of building permits, the developer will demonstrate that all water mains and fire hydrants provide required for flows and shall be constructed in accordance with the appropriate sections of the Temecula Municipal Code Ordinance No. 99-14 and No. 99-23, subject to approval by Temecula Fire Service during design review (Draft EIR, p, 5-177). d. Prior to the issuance of building permits, the developer will demonstrate compliance with fire flow, street width, and design requirements as established by the City and County departments, as appropriate (Draft EIR, p, 5-177). Police e. Prior to the approval of development plans, the developer shall incorporate the following crime prevention measures within the detailed design plans for each tract map submitted to the City for review. The City of Temecula, Crime Prevention Officer shall review detailed plans for proposed residential and commercial uses in order to insure incorporation on these measures (Draft EIR, p, 5-177): 26 R:~S P'd-Iarveston S~City Council~RESO CC EIR Findings.doc · On-site street, walkways and bikeways shall be illuminated in order to enhance night time visibility; · Doors and windows shall be visible from the street and between buildings in order to discourage burglaries and potential suspect hiding places; · Fencing heights and materials utilized are intended to discourage climbing; · The numbering identification system utilized on-site shall be visible and readily apparent in order to aid emergency response agencies in quickly finding specific locations; and Walls along backbone streets will utilize graffiti resistant materials in their construction. In addition, shrubs, vines and espaliers shall be planted along the outside of these walls in order to provide coverage thereby further discouraging graffiti and climbing. Schools f. The project developer has entered into a Mitigation Agreement with the Temecula Valley Unified School District to insure the provision of adequate facilities at the time of project occupancy. The developer has been required to provide a school site and/or pay school fees pursuant to the agreement. (Draft EIR, p, 5-177). g. The conveyance of the elementary school site has occurred in accordance with District policies in effect at the time of development. The agreement regarding conveyance shall be provided to the City prior to the recordation of the tentative tract map for Phase 1 (Draft EIR, p. 5-177, 178). Parks and Recreation h. Prior to tentative map approval for individual planning areas, all recreational facilities shall be reviewed and approved by the Temecula Community Services Department (TCSD) and the Planning Department, to ensure that said facilities are in accordance with the City of Temecula standards (Draft EIR, p, 5-178). i. Prior to the approval of the final map for individual planning areas, the developer will dedicate land or contribute to the City's in lieu park fees in accordance with the City of Temecula Subdivision Ordinance (Draft EIR, p, 5-178). j. Prior to final map approval for individual planning areas, the developer will certify that ownership and maintenance of all open space/conservation areas will be the responsibility of a private entity and/or the Temecula Community Services Department, as determined by the Temecula Community Services Department (Draft EIR, p, 5-178). k. Prior to the issuance of building permits for Phase 2, specified in the Specific Plan, the 16.5-acre Community Park shall be completed per TCSD requirements and conveyed by grant deed to the City of Temecula (Draft EIR, p. 5-178). Library Prior to the issuance of building permits, developer of individual projects shall pay the Development Impact Fee - Libraries Component (Draft EIR, p, 5-178). 27 R:\S P~CIarveston SP\City CouncirtRESO CC EIR Findings.doc Public Transportation impacts are addressed in Section 5.3 of the Draft EIR. Please refer to Mitigation Measures 6 through 8 in Transportation / Circulation Section of this Mitigation Monitoring Program (Draft EIR, p, 5-178). Water Because implementation of the project as proposed, including the Specific Plan master utility plans, standard conditions, and uniform codes, is not expected to produce any significant impacts on water, no mitigation measures are necessary (Draft EIR, p, 5-178). Sewer Because implementation of the project as proposed, including the Specific Plan master utility plans, standard conditions, and uniform codes, is not expected to produce any significant impacts on sewer, no mitigation measures are necessary (Draft EIR, p. 5-179). Storm Drainage / Flood Control Please refer to Hydrology and Drainage Section of this Mitigation Monitoring Program for a discussion of impacts related to storm drainage (Draft EIR, p. 5-179). Natural Gas m. Prior to issuance of building permits, The Gas Company or designated natural gas provider shall be consulted with during the building design phase for further energy conservation measures (Draft EIR, p. 5-179). Electricity n. Prior to issuance of building permits, Southern California Edison (SCE) shall be consulted with during the building design phase for further energy conservation measures (Draft EIR, p. 5-179). Solid Waste o. Prior to the issuance of occupancy permits, the developers will inform all refuse generators within the project site, in writing, about opportunities for recycling and waste reduction (i.e., buy-back centers, curbside recycling, etc.). The use of such facilities will be encouraged by the developer, through information (e.g., materials accepted, location, etc.) provided in sales literature (Draft EIR, p. 5-179). p. Prior to the issuance of building permits, the developer will provide adequate areas for collecting and loading recyclable materials (recycling areas) in the commercial and multi-family residential areas. This will help the City comply with the California Solid Waste Reuse and Recycling Access Act of 1991 (AB 1327). The developer will also demonstrate compliance with established standards for design, siting, and operation of recycling areas and programs (Draft EIR, p. 5-179). 28 R:\S P~Harveston SP\City Council'tRESO CC EIR Findings.doc q. All residential units within the Harveston Specific Plan shall participate in the City's three (3) bin recycling system for the collection of solid waste, recyclable, and green waste materials (Draft EIR, p. 5-179). r. All multi-family, commercial, and industrial waters shall be processed at the material Recovery Facility in the City of Perris or similar recovery facility (Draft EIR, p. 5-179). s. Proof shall be provided to TCSD that, construction debris, including but not limited to lumber, asphalt, concrete, sand, paper, metal, etc. shall be recycled (Draft EIR, p. 5-179). 3. Supporting Explanation. All utility and public services improvements proposed as part of the Harveston Specific Plan/EIR will meet applicable City of Temecula, County of Riverside, and uniform codes (i.e., plumbing, fire, building) including potable water and sewer pipelines, electrical cables and writing, and natural gas lines. The proposed improvements will go through City's development review process and construction inspection program to ensure proper compliance with these standards and codes (Draft EIR, p. 5-176). The proposed project will create increased demand for public services and utilities on a local and regional basis. After mitigation, potential project impacts are reduced to a less than significant level. Additionally, the project, in conjunction with other past, present and reasonably foreseeable future projects, will create an increased demand on fire, police, schools, parks and recreation, library, public transportation, water, sewer, storm drainage/flood control, natural gas, electricity, and solid waste services and facilities. Implementation of mitigation measures will reduce each incremental cumulative impact on the associated public services and/or utilities to a level less than significant (Draft EIR, p. 5-180). P. Cultural Resources 1. Potential Significant Impact. Pursuant to Section 15064.5 of the CEQA Guidelines, the proposed project would not result in substantial adverse change in the significance of a historic or archaeological resource; however, it may directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. According to the General Plan, the project site does not contain areas of sensitivity for archaeological resources, but it does contain areas considered to be high in sensitivity for paleontological resources. RMW Paleo Associates prepared a cultural resource study for the Specific Plan area, which consisted of a literature review and records search and a walkover survey (Initial Study, p. 7). 2. Findings. a. Inspection personnel will monitor onsite grading, including excavated soil stockpiles, especially in areas where Pauba or unnamed Sandstone formations are disturbed, for evidence of paleontological, archaeological, or historical artifacts (e.g., shells, fossils, bones, pottery, charcoal deposits, arrowheads, etc.). If any artifacts are discovered during grading, work will be halted and qualified personnel will be retained to examine, evaluate, and determine the most appropriate disposition of the resource(s) (Draft EIR, p. 8-21 ). 3. Supporting Explanation. According to the study, no archaeological sites were found on the project site. Although paleontological sites were not found on the site, according to the study, project implementation could expose fossils through grading and other 29 R:~S P~larveston SP\City Council",RESO CC EIR Findings.doc development activities. Implementation of the above mitigation measure ensures that exposure of cultural resources during grading/construction does not occur (Initial Study, p. 7). Section 4. The City Council hereby finds that, despite the incorporation of mitigation measures outlined in the Draft EIR, the following impacts cannot be fully mitigated to a less than significant level, and a Statement of Overriding Considerations is therefore included herein: A. Air Quality (Short-term Construction Related and Long-term) 1. Potential Significant Impact. The proposed project will have a short-term impact on air quality from construction activities. The grading of the project site, the construction of the buildings, and construction worker trips will create temporary emissions of dust, fumes, equipment exhaust, and other air contaminants throughout the project construction period. Pollutant emissions can vary substantially from day to day, depending on the level of activity, the specific operations, and the prevailing weather (Draft EIR, p. 5-97). Additionally, the proposed project will result in short-term air quality impact by daily exceeding the threshold for NOx. It will also add emissions to a non-attainment air basin causing significant impact, which cannot be mitigated (Draft EIR, p. 2-12). The proposed project will also result in long-term air quality impact by daily exceeding the threshold for CO, NOx, PM~0 and ROG. The proposed project will add emissions to a non- attainment air basin, causing significant impact (Draft EIR, p. 2-15). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will result in significantly cumulative long-term impacts to air quality (Draft EIR, 2-16). 2. Findings. Implementing the following mitigation measures will reduce long-term air quality impacts to the extent feasible: a. Prior to grading and construction, the developer shall be responsible for compliance with the following (Draft EI R, p. 5-101): i. During clearing, grading, earth moving, or excavation, maintain equipment engines in proper tune, ii. After clearing, grading, earth moving, or excavation: 1) Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up be the wind. 2) Spread soil binders; and 3) Implement street sweeping as necessary. iii. During construction: 1) Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; 2) Wet down areas where vehicles move damp enough to prevent dust raised when leaving the site; 3) Use Iow sulfur fuel (.05% by weight) for construction equipment. iv. Discontinue construction during second stage smog alerts. 3O RSS l:~Harveston SP~City CouncilLRESO CC EIR Findings.doc b. Prior to grading and construction, the developer shall be responsible for compliance with the following (Draft EIR, p. 5-101,102): i. Require a phased schedule for construction activities to minimize daily emissions. ii. Schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. iii. Treat unattended construction areas with water (disturbed lands which have been, or are expected to be unused for four or more consecutive days). iv. possible on construction sites. at construction sites. Require the planting of vegetative ground cover as soon as Install vehicle wheel-washers before the roadway entrance Wash off truck leaving sites. Require all truck hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. viii. Use vegetative stabilization, whenever possible, to control soil erosion from storm water especially on super pads. ix. Require enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials. x. Control off-road vehicle travel by posting driving speed limits on these roads, consistent with City standards. xi. Use electricity from power poles rather than temporary diesel or gasoline power generators. c. Prior to grading and construction, the developer shall be responsible for the paving of all access aprons to the project site and the maintenance of the paving (Draft EIR, p. 5-102). d. Prior to issuance of grading permits, the developer shall be responsible for assuring that construction vehicles be equipped with proper emission control equipment to substantially reduce emissions (Draft EIR, p. 5-102). e. Prior to issuance of grading permits, the developer shall be responsible for the incorporation of measures to reduce construction related traffic congestion into the project grading permit. Measures, subject to the approval and verification by the Public Works Department, shall include, as appropriate (Draft EIR, p. 5-102): i. Provision of rideshare incentives. 31 R:~S I~Harveston SP\City Council~RESO CC EIR Findings.doc ii. Provision of transit incentives for construction personnel. iii. Configuration of construction parking to minimize traffic interference. iv. Measures to minimize obstruction of through traffic lanes. v. Use of a flagman to guide traffic when deemed necessary. f. Prior to the building/construction operations, individual contractors will commit in writing to the following (Draft EIR, p. 5-102): i. Scheduling receipt of construction materials to non-peak travel periods (i.e., 7:30 - 8:30 AM and 4:00 - 6:00 PM); ii. Routing construction traffic through areas of least impact sensitivity; and iii. Limiting lane closures and detours to off-peak travel periods. g. Prior to the approval of tentative maps and/or development plans, developers will submit tract maps and/or street improvement plans to the RTA for review and comment regarding bus turnouts, shelter, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City. City staff will focus of the review plans for commercial uses to provide transit related features (Draft EIR, p. 5-102). h. Prior to the approval of a development plan, City staff will review plans, especially for commercial and park uses, for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities (Draft EIR, p. 5-103). i. Prior to the approval of a development plan, City staff will review plans for all service commercial uses to encourage the provision of park and ride facilities (Draft EIR, p. 5-103). j. Prior to the issuance of building permit, the developer shall provide proof to the City's Traffic Engineer that the project has contributed its fair-share towards regional traffic improvement systems (i.e., traffic impact fees) for the area. This shall include efforts to synchronize traffic lights on streets impacted by project development (Draft EIR, p. 5- 103). k. Prior to the issuance of building permits, the developer shall provide proof that energy saving features will be installed in project homes as required by the California Building Code. Features may include: solar or Iow-emission water heaters, solar roof tiles, energy efficient appliances, dual paned windows, Iow-pressure sodium parking lights, etc. Additionally, residential products constructed by the home building division of Lennar shall incorporate "Comfort Wise" energy-efficiency features (Draft EIR, p. 5-103). 32 R:\S P'fflarveston SP\City Council\RESO CC EIR Findings.doc 3. Supporting Explanation. The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels for construction activities. Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measure 1 though 6 are proposed to reduce this impact (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future project, will result in a short-term air quality impact due to construction activities. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. The project's incremental contribution to this impact will be reduced by Mitigation Measures 1 through 6. The project's incremental impact, after mitigation, remain significant (Draft EIR, p. 5-103). The City of Temecula requires all projects within its jurisdiction to conform with SCAQMD Rule 403.2 and other applicable SCAQMD regulations regarding grading and construction. The SCAQMD Rule 403.2 includes standard conditions for construction activities to minimize the production of air pollutants including fugitive dust (Draft EI R, p. 5-101). The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels for CO, NOx, PM10 and ROC. The daily exceedance of the thresholds for CO, NOx, PM10 and ROC is a long-term air quality impact. Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measure g and k are proposed to reduce this impact. This impact even with proposed mitigation cannot be reduced to a level less than significant (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measures g through k will reduce the proposed project's incremental contribution to this impact by reducing the proposed project's mobile and stationary source emissions. The project's incremental impact, after mitigation, remains significant (Draft EIR, p. 5-103). Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant after mitigation (Draft EIR, p. 5-103). B. Cumulative Impact on Air Quality 1 Potential Significant Impact. The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in a short-term air quality impact due to construction activities. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be an impact (Draft EIR, p. 5-100). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be an impact. The project's incremental impact cannot be reduced to a level less than significant (Draft EIR, p. 5-100). 2. Findings. The same mitigation measures identified in Section 4.1 above will help to slightly lessen the cumulative air quality impacts. Yet, no feasible mitigation measures exist which would reduce the cumulative impact of average daily pollutant emissions to a less than significant level. 33 R:~S PkHarveston SP\City Council'uRESO CC EIR Findings.doc 3. The City of Temecula requires all projects within its jurisdiction to conform with SCAQMD Rule 403.2 and other applicable SCAQMD regulations regarding grading and construction. The SCAQMD Rule 403.2 includes standard conditions for construction activities to minimize the production of air pollutants including fugitive dust (Draft EIR, p. 5-101). The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels for CO, NOx, PM10 and ROC. The daily exceedance of the thresholds for CO, NOx, PM10 and ROC is a long-term air quality impact. (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measures g through k will reduce the proposed project's incremental contribution to this impact by reducing the proposed project's mobile and stationary source emissions. The project's incremental impact, after mitigation, remains significant (Draft fIR, p. 5-103). Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant after mitigation (Draft EIR, p. 5-103). Section 5. Alternatives. The City Council hereby declares that it has considered the alternatives identified in the Draft EIR as described below. CEQA requires that an EIR evaluate a reasonable range of alternatives to a Project, or to the location of the Project, which: (1) offer substantial environmental advantages over the Project proposal, and (2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved. An EIR must only evaluate reasonable alternatives to a Project which could feasibly attain most of the Project objectives, and evaluate the comparative merits of the alternatives. In all cases, the consideration of alternatives is to be judged against a "rule of raason." The lead agency is not required to choose the "environmentally superior" alternative identified in an EIR if the alternative does not provide substantial advantages over the proposed Project and (1) through the imposition of mitigation measures the environmental effects of a Project can be reduced to an acceptable level, or (2) there are social, economic, technological or other considerations which make the alternative infeasible The City's General Plan identifies goals and policies that are relevant to the Specific Plan and the City as a whole, which are to provide for the orderly development of Temecula, in general, and also specifically for the Harveston site. A. Land Use Alternative 1. Description. The "Business Park Land Use" alternative proposes 30-acre of Business Park within southern portion of Planning Area 12 which under the proposed project is designated as Service Commercial. Please note that the proposed alternative described herein would be designated as "Business Park" in the City of Temecula General Plan and would be similar to the "Light Industrial" under the City of Temecula Development Code. The advantage of this alternative is to create a better transition between the Service Commercial within the Specific Plan area (remaining 82.4 acres of the proposed Service Commercial) and the existing adjacent Business Park/Light Industrial uses to the south. Additionally, while creating a more compatible use with the existing surrounding uses to the south, the addition of 34 R:~ PkI-Iarveston SP\City Council~RESO CC EIR Findings.doc this use diversity within the overall Specific Plan area. It introduces new uses within the Business Park designation which otherwise would not be permitted within the Harveston Specific Plan. Depending on the final location of the interchange, the Business Park alternative may constrain the ability to implement commercial uses south of Date Street. If the alternative Cherry Street alignment is selected, the exact business park area would be somewhat modified but would remain roughly the same size (Final EIR, p. 6-2). This alternative is to be consistent with the Rate and Method of Apportionment adopted as part of Community Facility District 98- 01. 2. Finding. The Planning Commission finds that the environmental impacts for this alternative would remain the same as the original proposed project, except for transportation/circulation impacts, which are reduced from the proposed project. The reduction of traffic under this alternative resulting in reduced transportation/circulation impacts would also be carried through to air quality and noise impacts (Draft EIR, p. 6-2). 3. Supporting Explanation. This alternative is feasible. While it meets the City's objectives, it does not meet the developer's objective to maximize future potential property values. This alternative does not require any additional land that would not be under the City or developer's ownership. This alternative reduces overall traffic by reducing total ADT by (6%). This reduction would also create less long-term air quality and noise impacts compared to the original proposed land use plan. It introduces better compatibility with the existing uses to the south and creates more diversity within the Specific Plan area. This alternative should remain under consideration (Draft EIR, p. 6-4). B. City-Wide Build-Out Circulation Alternatives 1. Description. As indicated in the April 1999, Notice of Preparation for this project and within Section 5.3 of this EIR, the City of Temecula's Circulation Element Update is currently in progress (Draft EIR, p. 6-5). The proposed Land Use Plan (Exhibit 4 in Section 3.0) identifies proposed land uses, as well as a proposed Circulation Plan that would accommodate the City's Citywide transportation needs. The Date Street Connection (as shown on Exhibit 4) is identified on the City's Existing Circulation Element. As identified within Section 5.3 of this EIR, under the City's Ultimate Build-Out Traffic Scenario, significant cumulative build-out impacts (i.e., LOS D or greater) occur along several roadways in the project vicinity (refer to Exhibit 44). The following circulation alternatives were analyzed in the EIR (Draft EIR, p. 6-5). Alternative 1 - Cherry Street Interchange Alternative The current Draft Proposed Circulation Plan that refers to a Cherry Street Connection (Over- crossing / Interchange Alternative) is consistent with the recently adopted Circulation Plan roadway configuration within the City of Murrieta. The objectives of this alternative Circulation Plan were: 1) to conform to the General Plans for the Cities of Temecula and Murrieta, 2) to maintain the Cherry Street Connection and any associated improvements wholly within the Temecula City Limits, and 3) maintain an alignment, which is consistent with City Traffic Engineer Design Standards. Alternative 2 - Date Street Over-Crossing Alternative This roadway configuration alternative proposes a Date Street over-crossing, which has been incorporated into the build-out model network component. A build-out traffic analysis was performed for this alternative (Draft EIR, p. 6-8). 35 R:~S P~l-larveston SimCity CouncilkRESO CC EIR Findings.doc Alternative 3 - Cherry Street Over-Crossing Alternative This roadway configuration alternative proposes a Cherry Street over-crossing, which has been incorporated into the build-out model network component. A build-out traffic analysis was performed for this alternative (Draft EIR, p. 6-8). 2. Finding. The City Council finds that because the three (3) above described circulation alternatives would essentially include the same quantity of development (i.e., 1,921 dwelling units and _+ 112 acres of Service Commercial). The majority of environmental issue impacts associated with the circulation alternatives would essentially be similar to the impacts identified in the EIR (i.e., biology, geology, etc). Aside from the differences in the long-term City-wide traffic impacts, the Cherry Street Connection Circulation Alternatives would result in a slightly larger Arroyo Park (+ 1.5 acres) and the Cherry Street Interchange alternative would require the acquisition of additional property not currently under the developer's or City's ownership. Both the Date and Cherry Over Crossing Only Alternatives would result in greater long-term Citywide circulation impacts (Draft EIR, p. 6-8). Therefore, the City Council hereby adopts the Cherry Street Interchange Alternative. 3. Supporting Explanation. The above discussed circulation alternatives are feasible. The Cherry Street Connection Alternatives would require land not currently under the City or developer ownership. The Draft Circulation Plan Alternative with a Cherry Street Interchange does reduce long-term Citywide circulation impacts over the existing adopted City's Circulation Element. It should be noted that the Draft Circulation Plan Alternative with a Date Street Interchange would result in similar Citywide circulation improvements beyond the City's existing Circulation Element. Both the Date and Cherry Over-crossing Alternatives would result in greater long-term Citywide circulation impacts (Draft EIR, p. 6-12). C. Community Park Design Alternatives 1. Description. The five (5) Community Park design alternatives were developed in response to suggestions / input from Temecula Community Services Department (TCSD) and the City of Temecula Planning Department, following their review of the original Conceptual Community Park Plan (Draft EIR, p. 6-14). Aside from the variation in the layout of park facilities (which do not change the impacts analysis results), the five (5) proposed park design alternatives incorporate the following modifications: 1) the realignment of Equity Drive, and 2) the utilization of the 1.25-acre out parcel in Alternatives 1 through 4. The rational for these modifications are: 1) the Equity Drive realignment provides for greater buffer / separation of the proposed park from the existing Winchester Highlands Business Park uses (i.e., Channel Commercial), and 2) the utilization of the 1.25-acre excluded parcel allows for a more balanced park parcel configuration, which result in a greater efficiency of park facility layout. The discussion below summarizes each design alternative. It should be noted that the key difference between these alternatives for CEQA analysis purposes is the Equity drive interface and how the excluded-pamel issue is addressed (Draft EIR, p. 6-14). Alternative I - Equity Drive Realiqnment and Use of Excluded Parcel This alternative includes all the TCSD required facilities. Although the ballfields meet the TCSD dimension criteria, there is some overlap in centerfield of the baseball / softball fields. This alternative requires approximately 12 light poles for the athletic fields. (Draft EIR, p. 6-14). 36 R:~S P~Harveston SP\City CouncilXRESO CC EIR Findings.doc Alternative 2 - Equity Drive Realignment and Use of Excluded Parcel This alternative is a slight variation of the alternative 1 layout with the parking lot off Equity Drive shifting below the picnic area. The snack facility was also moved in this alternative. This alternative includes all the required TCSD facilities; however, in an effort to reduce the ballfield overlap, the 2 softball fields were reduced to 260' from 300'. The 2 baseball fields still remain at 300'. Additionally, 4 basketball courts (not a TCSD required facility) were provided in this plan. This alternative requires approximately 11 light poles for the athletic fields (Draft EIR, p. 6-15). Alternative 3 - Equity Drive Reali.qnment and Use of Excluded Parcel This alternative is a further variation of the alternative 2 layout with the parking lot, picnic area, and snack facility remaining in the same location as alternative 2. However, the ballfields are laid out in a different manner with the diamonds side by side and the bleachers back to back. This configuration is the most efficient from a facility standpoint, and allows a direct path from the bleachers to the snack facility. This alternative includes all the TCSD required facilities; however, in an effort to reduce the ballfield overlap, the 2 softball fields were reduced to 260' from 300'. The 2 baseball fields still remain at 300'. Additionally, 4 basketball courts (not a TCSD required facility) were provided in this plan. This alternative requires approximately 11 light poles for the athletic fields (Draft EIR, p. 6-15). Alternative 4 - Equity Drive Realiqnment, But No Use of the Excluded Parcel This alternative is a partial variation of the alternative 1 layout with the parking lots, picnic area, and tot lot/play area occurring in a similar location to that of alternative 1. The layout of the fields is however, modified from alternative 1 to be more efficient. The baseball / softball diamonds and bleachers are all back to back with the snack facility centrally located between the four fields. This alternative includes all the TCSD required facilities; however, in an effort to reduce the ballfield overlap, the 2 softball fields were reduced to 260' from 300'. This alternative requires approximately 12 light poles for the athletic fields (Draft EI R, p. 6-15). Alternative 5 - Equity Drive Realiqnment, But No Use of the Excluded Parcel This alternative is a slight variation of alternative 3 with the exception that the parking lot at Equity Drive and a smaller picnic area is shifted to allow for the excluded parcel to remain. The basketball courts provided in alternative 3 are eliminated in this alternative. The ballfields area laid out in the same manner as alternative 3 with the diamonds side by side and the bleachers back to back. This configuration is the most efficient from a facility standpoint, and allows a direct path from the bleachers to the snack facility. This alternative requires approximately 11 poles from the athletic fields (Draft EIR, p. 6-15). 2. Finding. The Planning Commission finds that because all of the above described park alternatives are the same size (i.e., approximately 16.5 acres) and essentially occur in the same location as the original Community Park Plan, the environmental issue impacts associated with the park alternatives would essentially be similar to the impacts identified in the EIR. The following are the major differences and issues, which may affect the feasibility of the alternatives (Draft EIR, p. 6-20): · The alternatives would require acquisition of additional property not currently under the developer's or City's ownership (alternatives I through 5 would require land for the Equity Drive realignment, and alternatives 1 through 4 would require excluded parcel acquisition). 37 R:~S P~Harveston SP\City Council~.RESO CC EIR Findings.doc · The alternatives do provide a greater buffer between the Community Park and existing Channel Commercial. · The alternatives 1 through 4 do provide for a more efficient park parcel with a greater amount of useable area. 3. Supporting Explanation. These alternatives are typically feasible. They also meet the City and project developer objectives; however Alternatives 1-3 would require land not currently under City or developer ownership. Because Alternatives 1-3 require land not currently under City or developer ownership and could potentially impede the development of the Community Park, they are not the preferred alternatives and should be rejected from further consideration. All of these alternatives do not substantially reduce impacts associated with the original Plan, although they do provide for a greater buffer and more efficient park layouts. Alternatives 4 and 5 should remain under consideration (Draft EIR, p. 6-21 ). D. CEQA Alternatives 1. Descriptions> Alternative 1 - No Project / No Development An evaluation of a "No Project/No Development" alternative is required by CEQA Guidelines Section 15126(d)(2). Under this alternative, the proposed project would not be implemented and the site would remain in its current undeveloped state (Draft EIR, p. 6-21). 2. Finding. The Planning Commission find that the "No Development" Alternative fails to address many of the Goals identified in the City's General Plan. The No Project/No Development alternative would restrict development of the project site by not allowing the construction of the uses proposed as a result of the Specific Plan. Land uses within the project area would remain as they are currently and no development identified in the specific Plan would occur (Draft EIR, p.6-21). Based on the above rationale, it is determined that the proposed Harveston project would already be creating less impacts compared to the General Plan buildout assumptions. The City of Temecula has become more urbanized, potential sites appropriate for development of specific plan projects have become more scarce. Currently, the proposed Harveston project site is one the last remaining pieces of undeveloped land proposed for a specific plan (Draft EIR, p. 6-24). 3. Supporting Explanation. The assumption that no development at all would occur within the project boundary is an unlikely outcome based on existing zoning and the existing General Plan Land Use designations. This alternative does not meet the Project developer's objectives such as provision of residential, park/recreational and public/institutional (i.e., school) uses. Nor does it meet the City's objectives for the site such as (Draft EIR, p. 6- 23): 38 R:~S P~Harveston SP\City CounciruRESO CC EIR Findings.doc · Provide a variety of housing types and opportunities for all economic segments of the community; · Develop new residential housing, which is compatible with the character of existing individual neighborhoods and minimizes land use incompatibility; · Encourage the use of Specific Plans in the undeveloped areas of the community; and · Ensure that a full range of public facilities and services are provided to meet the needs of the community. · Provide a complete and integrated mix of residential, service commercial, recreation, public and open space land uses. · Provide a land use pattern and intensity of development that encourages alternative modes of transportation, including transit, bicycling, and walking. Ensure that right-of-way dedication is provided to meet the City's long-term circulation goals and needs as identified in the Circulation Element of the General Plan. It is, however, environmentally superior to the proposed project and remains under consideration (Draft EIR, p. 6-23). E. Other Alternatives Not Analyzed Alternative 2 - Development Under Existinq General Plan/Zoning The Harveston project proposes 1,921 dwelling units, which is below the general plan buildout of 39,658 dwelling units. Additionally, the proposed number of vehicle trips from the Specific Plan is lower compared to the buildout of the General Plan. The site has a SP zoning designation and has been analyzed as a Specific Plan area under the General Plan EIR. The currently proposed Specific Plan has made minor changes to existing General Plan land use configurations by shifting certain uses around. The following lists the major differences in the Harveston Specific Plan (Draft EIR, p. 6-24): Location of the community park has changed from a more internal location to be moved adjacent to the service commercial (across and adjacent to Ynez Road) to provide more Citywide visibility of the park. · The currently proposed specific plan includes more open space and recreation facilities than depicted on the General Plan land use map for the site. A riparian habitat is proposed, as an Arroyo Park to preserve and enhance the US waters and Fish and Game streambed. The Arroyo Park contains an area of 13.8 acres and is located across Date Street, within Planning Areas 10 and 11. 39 R:~S P~Harveston SP~City CouncilhRESO CC EIR Findings.doc Development under existing General Plan/Zoning would not be an environmentally superior alternative because the environmental impacts would be more significant than the proposed project. No further analysis is warranted (Draff EIR, p. 6-24). Alternative 3 - Alternative Location This alternative considers locating the proposed project at a different site. This alternative is required by CEQA and is intended to evaluate the option of the development of the proposed project at another site. Pursuant to CEQA Guidelines, any alternative site evaluated herein must have similar characteristics as the project site including size, landform, and amenity opportunities. Development would include the same type of use, density, and intensity as the proposed project site (Draft EIR, p. 6-24). With regard to alternative locations for a Project, the CEQA Guidelines state that such analysis should be performed if "significant effects of the Project would be avoided or substantially lessened by putting the Project in another location" (Section 15126[d][5][B]). This EIR does not consider an alternative site for the following reasons: (a) Since the Project covers such a large area (549.5 acres), a similar site with existing infrastructure improvements, and one that is not already master planned for urban development, does not exist within the City of Temecula; and (b) Locating the same project at another site would not avoid or lessen the identified unavoidable significant (i.e., air quality) of the project; (c) the project proponent could not reasonably acquire an alternative site (Draft EIR, p. 6-24). Due to the fact that the City does not have a comparable area within its jurisdiction, the alternative location would not be a viable option. No further analysis is warranted (Draft EIR, p. 6-24). Section 6. Project Benefits and Statement of Overriding Considerations Pursuant to State CEQA Guidelines section 15093, the City Council must balance the benefits of the Specific Plan against any unavoidable environmental impacts in determining whether to recommend approval of the Harveston Specific Plan. If the benefits of the Specific Plan outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City Council hereby finds that the Draff EIR has identified and discussed significant effects that will occur as a result of the Specific Plan. With the implementation of the mitigation measures discussed in the Draft EIR and Specific Plan, these effects can be mitigated to a less than significant level except for the unavoidable significant impacts as discussed in Section 4 of these Findings. The City Council declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Specific Plan. The City Council finds that to the extent any mitigation measures recommended in the Draft EIR and/or Specific Plan could not be incorporated, such mitigation measures are infeasible because they would impose restrictions on the Specific Plan that would prohibit the realization of specific economic, social, and other benefits that this Planning Commission finds outweigh the unmitigated. The City Council declares that, having reduced the adverse significant environmental effects of the Specific Plan to the extent feasible by recommending adopting of the proposed mitigation 4O R:~S PkHarveston SP~City Council'xRESO CC EIR Findings.doc measures, having considered the entire administrative record on the Specific Plan, and having weighed the benefits of the Specific Plan against its unavoidable adverse impacts after mitigation, the Planning Commission has determined that the following social, economic, and environmental benefits of the Specific Plan outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: The Specific Plan will allow the orderly, well planned development of the Harveston site, providing a range of housing types complementary to existing development in the City (Specific Plan, p. 3-1 & -5). The Specific Plan introduces a "unified project design" with standards and requirements for architectural forward residential development (Specific Plan, p. 10-68). The Specific Plan will provide for the development of a Village Center concept that centralizes activities, consistent with General Plan policy (Specific Plan, p. 3- 1). The Specific Plan will provide over 75 acres of active and passive recreational park space (i.e., the lake as a central theme) (Specific Plan, p. 3-1, -6 & -7). The park recreation and open space provided by the Specific Plan is in excess of twice the open space uses provided for in the existing General Plan. The Specific Plan will integrate into the community an open space network comprised of parks, paseos, and connecting pedestrian/bicycle routes (Specific Plan, p. 3-6). The Specific Plan will include a 16.5-acre Community Park with four lighted 300' baseball/softball field with 2 full size soccer field overlays; 100 parking spaces within the park off Equity Drive; 25 parking spaces within the park off the Loop Road; large snack bar/restroom facility (1,800 square feet); small restroom adjacent to tot lot and picnic areas; and ball field and park lighting to be approved by the City. The Specific Plan will provide for the development of neighborhood and community commercial centers to provide needed services and reduce the number of cars traveling across the City for these services (Specific Plan, p. 3-5 & -6). The Specific Plan will provide housing to meet anticipated population growth throughout the Temecula Valley (Specific Plan, p. 3-1 & -5). The Specific Plan has provided for a new elementary school site prior to the construction of the first dwelling unit (Specific Plan, p. 3-6). 10. The Specific Plan will provide for the improvement of currently inadequate regional flood control facilities to provide 100-year storm protection (Specific Plan, p. 5-1). 11. The Specific Plan has provided in accordance with CFD 98-01 roadway improvements consistent with the General Plan Circulation Element and Specific 4! R:~S P~Harveston SP\City Councir,,RESO CC EIR Findings.doc Plan 3-7. 12. The Specific Plan accomplishes and implements the Temecula General Plan goals and policies (Specific Plan, p. 2-2 & 3-9). 13. During the life of the project, the Harveston Specific Plan will pay approximately 27 million in special tax pursuant to CFD 98-01 to finance the design and construction of public improvements currently serving the City in areas adjacent to the Harveston Specific Plan. 14. The proposed General Plan Land Use Designations allocated a total of 53.7 acres of open space compared to the existing General Plan Land Use Designations which allocated 25.4 acres of open space. The proposed general plan land use designations exceed the existing general plan land use designation of open space by 28.3 acres. The City Council finds that the foregoing benefits provided to the public through approval and implementation of the Specific Plan outweigh the identified significant adverse environmental impacts of the Specific Plan which cannot be mitigated. The Planning Commission further finds that each of the Specific Plan benefits outweighs the unavoidable adverse environmental effects identified in the Draft EIR and therefore finds those impacts to be acceptable. Each of the benefits listed above, standing alone, is sufficient justification for the Planning Commission to override these unavoidable environmental impacts. The City Council finds that it has reviewed and considered the Final EIR in evaluating the Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with the CEQA, State CEQA Guidelines and the City's local CEQA Guidelines and that the Final EIR reflects the independent judgment of the Council. The City Council hereby certifies the Environmental Impact Report based on the following findings and conclusions: A. Findings. The following significant environmental impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of this Resolution but cannot be mitigated to a level of insignificance: long-term and short-term project and cumulative air quality impacts. B. Conclusions 1. All significant environmental impacts from implementation of the Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 above. 2. Other reasonable alternatives to the Specific Plan, which could feasibly achieve the basic objectives of the Specific Plan, have been considered and rejected in favor of the Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Specific Plan override and make infeasible any alternatives to the Specific Plan or further mitigation measures beyond those incorporated into the Specific Plan. 42 R:~S P'xI-Iarveston SP~City Council~°.ESO CC EIR Findings.doc Section 7. Selection of Project Alternatives The City Council hereby adopts Circulation Alternative 1 - Cherry Street Intemhange and directs that the final Harveston Specific Plan be modified to reflect this selected alternative. Section 8. Adoption of Recommendation for the Adoption of a Mitigation Monitoring and Reporting Program The City Council hereby adopts the Mitigation Monitoring and Reporting Program in Section 8.0 of the Final EIR and attached to this Resolution as Exhibit A. Exhibit A is attached hereto and incorporated herein by this reference as though set forth in full. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. Section 9. Location of Records The documents and materials that constitute the record of proceedings on which these Findings have been based are located at the City of Temecula, 43200 Business Park Drive, Temecula, California 92590. The custodian for these records is the City of Temecula Planning Director. This information is provided in compliance with Public Resources Code section 21081.6. Section 10. Effective Date The Resolution shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 24th day of July 2001. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 43 R:\S P\Harveston SP\City CouncilXP, ESO CC EIR Findings.doc I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 24th day of July, 2001, by the following vote: AYES: 0 COUNCILMEMBERS None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk 44 R:\S P\Harveston SP\City Council\RESO CC EIR Findings.doc EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM 45 R:~S P'd-larveston SP\City Council'uO, ESO CC EIR Findings.doc Z 0 Z 0 Z © © Z 0 Z 0 Z 0 Z 0 [.. Z © Z 0 Z 0 Z © z ~ . 0 .~ 0 .. Z 0 © 0 z 0 Z 0 .< Z 0 Z 0 Z © Z 0 Z © 0 ATFACHMENT NO 2 DRAFT RESOLUTION APPROVING THE GENERAL PLAN AMENDMENT AND THE SPECIFIC PLAN R:\S P~Harveston SPxCity CounciI~STAFFRPT 7-24-01.doc 12 Attachment No. 2 RESOLUTION NO. 01~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 99-0419 (GENERAL PLAN AMENDMENT) FOR THE HARVESTON SPECIFIC PLAN AND THE 'TWO EXCLUDED PARCELS WITHIN THE SPECIFIC PLAN AND ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418) ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL N OS. 910-261-001,910-261-002, 910-110-013,910- 110-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100- 007, 910-100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001,911-640-002, 911 - 180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180- 015, 911-180-023, AND 911-180-028 WHEREAS, Lennar Communities filed Planning Application Nos. PA00-0419 and PA99- 0418 (the "Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered the Application on June 20, 2001 and July 12, 2001, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on July 24, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report, made all required findings and determinations relative thereto and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. R:\S PXHarveston SPeCify CouncilkRESO CC GPA SP.doc Section 2. Findings. That the City Council, in approving the Application, hereby makes the following findings: A. The project as proposed and conditioned is compatible with the health, safety and welfare of the community. The project has been reviewed and determined to be in conformance with the City's General Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The two excluded parcels not under the applicant's ownership that are located within the Specific Plan shall hereby be re-designated to become compatible with the surrounding land uses of the Harveston Specific Plan. The City hereby finds it necessary to change the Land Use Designation of the two excluded pamels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing the requirement for a separate Specific Plan. B. The project is compatible with surrounding land uses. The project proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods, with interface buffers and full roadway improvements. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The Service Commercial is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. C. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The project does not represent a significant change to the planned land uses for the site. The General Plan Amendment is a relocation and reallocation of existing land use designations that conforms to the design of the specific plan. Section 3. Findings. That the City Council, in approving the Application, hereby makes the following findings as required in Chapter 17.16 of the Temecula Municipal Code: A. The proposed specific plan is consistent with the General Plan, as it is proposed to be amended, and compatible with the Development Code. The findings of General Plan consistency are attached as Exhibit D and incorporated herein as though set forth in full. The proposed Specific Plan is consistent with the goals and policies of the general plan. The Specific Plan is a reallocation and redistribution of the majority of the existing Land Use Designations and serves as an implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is consistent with the general plan, as it is proposed to be amended, and development code. B. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed Specific Plan has been reviewed and determined to be in conformance with the City's General Plan (as it is proposed to be amended), and Growth Management Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan is a master planned community with specific design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, as proposed, conditioned and designed, the Specific Plan is compatible with the health, safety and welfare of the community. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the site which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the proposed Specific Plan land uses are consistent with the land uses of the General Plan and will serves as the tool to regulate and implement the goals and policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps which indicate that the site is physically suitable for the land uses and development proposed in the Specific Plan. R:~S PXHarveston SP~City Council~RESO CC GPA SP.doc 2 D. The proposed project shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The project proposes similar residential land uses adjacent to the existing surrounding neighborhoods, with extensive landscape buffers and interfaces. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The proposed Service Commercial land uses west of Ynez Road, adjacent to Interstate 15 where similar commemial and retail uses currently exist along the Interstate corridor. The Specific Plan took under consideration the existing developments and surrounding zoning classifications to ensure development that will be complementary and compatible with the surrounding neighborhood. Section 4. Environmental Compliance. The City Council of the City of Temecula has certified the Final Environmental Impact Report, made all required findings and determinations relative thereto and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan, as amended, for the Harveston Specific Plan in order to approve the Application. Section 5. General Plan Amendment. The City Council of the City of Temecula hereby approves the Application changing the General Plan Land Use Designations on 550 acres on property located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City, and known as Assessor Parcel Nos. 910-261-001,910-261-002, 910- 110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910- 100-008, 910-060-009, 910-120-003, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911 - 630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911 - 180-009, 911-180-015, 911-180-023, and 911-180-028, to reflect the land uses contained in the approved Harveston Specific Plan, as contained in Exhibit A. Exhibit A is attached hereto and incorporated herein by this reference as though set forth in full. Section $. Specific Plan. The City Council of the City of Temecula hereby approves mixed use specific plan known as the Harveston Specific Plan (SP No. 13), on property located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City, and known as Assessor Parcel Nos. 910-281-001,910-261-002,910-110-013, 910-110-015, 910- 110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-080-009,, 910- 120-008, 911-630-001,911-830-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911- 180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023, and 911-180-028 as contained in Exhibit B, the Harveston Specific Plan (SP13) and subject to that Conditions of Approval included in Exhibit C. Exhibit B is on file in the Official Records of the City Clerk and is expressly incorporated herein by this reference as though set forth in full. Exhibit C is attached hereto and incorporated herein as though set forth in full. R:~S P~Ha~veston SPXCity Council',RESO CC GPA SP.doc 3 Section 7. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 24th day of July 2001. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001 - was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 24th day of ,~uly, 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:~S P~-larveston SIACity CounciI~RESO CC GPA SP.doc 4 EXHIBIT A GENERAL PLAN LAND USE MAP R:\S P~Harveston SP~Cii7 Council~RESO CC GPA SP,doc 5 /? EXHIBIT B SPECIFIC PLAN 13 (On file in the Official Records of the City Clerk) RSS P~Harveston SPxCity CounciBRESO CC GPA SP.doc 6 (The Harveston Specific Plan has been previously provided under separate cover.) R:\S PxHarveston SPeCify CounciI~RESO CC GPA SP.doc 7 EXHIBIT C CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 13 R:\S P%larveston SPXCity Council\RESO CC GPA SP.doc 8 EXHIBIT C CiTY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0418 (Specific Plan) - Harveston Specific Plan No. 13 Project Description: A Specific Plan consisting of approximately 550 acres that proposes 1,921 residential units with a variety of residential product types and lot sizes; a 12 acre elementary school site; a 7 acre lake with a 6.9 acre lake park; a 16.5 acre community park; a 13.8 acre arroyo open space park; a Mixed-Use Overlay zone (Village Green) which may be as large as 13 acres; and 112.5 acres of Service Commercial land adjacent to Interstate 15. Assessor's Parcel Nos. 910-261-001, 910-261-002, 910-110-013, 910-110-015, 910-110- 020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910- 100-008, 910-060-009, 910-120-008, 911-630-001, 911-630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180- 003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911 - 180-023 AND 911-180-028. Approval Date: July 24, 2001 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Nine Hundred Twenty-Eight Dollars ($928.00) which includes the Eight Hundred and Fifty Dollar ($850.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21151 and California Code of Regulations Section 15904. if within said forty-eight (48) hour period the Applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements The permittee/applicant shall indemnify, defend with counsel of City's own election, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, er any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. R:\S P~-Iarveston SP~PC Docs\COA-SP.doc The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. All development within this site shall be in accordance with the requirements of all City ordinances, except as expressly modified herein or by development agreement, and State laws, and shall conform with the approved Specific Plan. Regulations or procedures not covered by the Specific Plan or appur[enant documents shall be subject to the City ordinances in effect at the time entitlement is required. Approval of this Specific Plan is contingent upon and shall not become effective nor shall it vest until a General Plan Amendment (GPA) and Zone Change are approved by the City Council, and an Environmental Impact Report (EIR) or any other environmental review under the provisions of the California Environmental Quality Act (CEQA) are certified by the City Council. Nothing in this approval, as memorialized in this Resolution, shall require or be interpreted to require the City of Temecula to fund or cause to be funded the development of any facilities or improvements, including but not limited to infrastructure improvements, which are necessary or convenient to cause, allow or further the development of the subject Specific Plan, except as may be expressly agreed to by the City of Temecula." Notwithstanding any of the conditions contained herein, the Developer and the City may enter into a development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding or construction of public improvements; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Once the Project Study Report (PSR) conducted by Caltrans is completed, the road alignments affecting the individual planning areas (i.e. Ynez Road and Cherry/Date Street) may be altered or modified to implement the PSR. The alternation or modification of the roads will not require a Specific Plan Amendment; however, all applicable text, sections, figures and exhibits in the Specific Plan shall be modified to reflect the actual roadway alignments as determined in the PSR subject to the approval of the Director of Planning and Public Works Director. Within thirty (30) days of approval of the Specific Plan, the applicant shall submit a final copy reflecting all the changes necessary to make the document consistent with City Council's final action. The final Specific Plan shall be reviewed for consistency and approved by the Planning Director. The applicant shall comply with all applicable mitigation measures contained in the adopted City of Temecula General Plan and the Harveston Environmental Impact Report. R:\S P\Harveston SP~F'C Docs\COA-SP.doc 2 10. A detailed noise mitigation analysis shall be performed, at the final map stage (for individual planning areas) for all future project noise-sensitive uses potentially exposed to noise levels in excess of 60 dB CNEL to verify that planned noise protection will meet City of Temecula standards. A. Exterior recreational areas shall be protected to achieve noise levels of less than 65 dB CNEL. B. Interior living areas shall be protected to achieve noise levels of less than 45 dB CNEL. Substantial perimeter walls separating rear yards from the roadway right-of-way along Date Street area are anticipated to be necessary. Precise wall geometrics shall be determined once exact setbacks and building pad grades are established. Moderately upgrading window treatments shall be necessary along Date Street in upstairs bedrooms closest to the roadway. Minor acoustical upgrades shall be needed along Margarita or Ynez beyond simply closing windows to shut out roadway noise. The building code requires that supplemental fresh air ventilation be provided in rooms where window closure for traffic noise protection is necessary. A detailed noise attenuation evaluation shall be conducted in a supplemental acoustical study to be submitted when the tract map is filed with the appropriate agency. 11. During staff review of any tentative map, an updated geotechnical/geologic report shall be prepared to include any necessary revisions to earthwork, foundation, design, and construction recommendations. 12. On residential streets that generate less than 250 vehicular trips, the road (curb to curb) shall be thirty-six feet (36') with a parkway separating the sidewalk from the curb. 13. Du ring the development plan review, major employer (more than 250 employees) who locate their businesses within the project shall prepare Transportation Demand Management (TDM) plans in accordance with the Riverside County Transportation Commission/Western Riverside Council of Governments (RCCTCNVRCOG) guidelines. 14. Prior to the approval of a development plan or tentative map for individual planning areas, the developer and City staff will review plans, especially for multi-family housing areas, commercial uses, and parks for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities. 15. Prior to the approval of a development plan, City staff will review plans, especially for commercial and park uses, for the provision of appropriate, necessary and adequate pedestrian and bicycle facilities. 16. Prior to the approval of a development plan, City staff will review plans, for all service commercial uses and shall encourage the provision of park and ride facilities. 17. Prior to approval of any development projects, appropriate clearances, conditions and approvals from all agencies with jurisdiction on project review shall be obtained by the developer. These agencies shall be determined by the Director of Planning and the City Engineer. 18. The developer or the developer's successor-in-interest shall be responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. R:\S P\Harveston SP\PC Docs\COA-SP.doc 3 19. Prior to approval of any development projects, the developer shall investigate the feasibility of a reclaimed water system, to irrigate landscaping within the roadway medians, parkways, drainage channel, schools, the community park, the paseo park, neighborhood parks, and other common open space areas. The developer shall provide evidence that compliance with this condition is in accordance with Senate Bill 2095. 20. The Master Developer shall provide the prospective home buyers a notice that the 16.5-acre community park will include sports field lighting for evening use. Proof of this notification shall be provided to the Planning Department and included in the Master Covenants, Codes and Restrictions (CC&R's) prior to the recordation of the first Final Map. 21. All lighting shall be reviewed by the City to assure compliance with the Ordinance No. 655. 22. The lake park, but not the surface of the lake, shall be open to the public. 23. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. In addition to the foregoing, in the event a Development Agreement is entered into that supercedes or alters these conditions of approval and the applicant causes a default or terminates by conduct the Development Agreement, then the City shall immediately consider the revocation of the approval granted by this Resolution. Prior to the Issuance of Grading Permits 24. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. 25. The developer shall provide a Water Quality Management Plan showing conformance to all NPDES requirements (enacted by the Environmental Protection Agency (EPA) and Regional Water Quality Control Board, San Diego Region) for review and approval by the City Engineer. 26. The developer shall provide proof to the Department of Public Works and Planning that the conditions the 404 and 1603 permits pertaining to the Arroyo Park restoration have been bonded for and shall be implemented consistent with the timing requirements of the permits. 27. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Planning Department for their flies. Prior to the Issuance of Building Permits 28. The developer shall provide proof to the City's Traffic Engineer that the project has contributed its fair-share towards regional traffic improvement systems (i.e., traffic impact lees) for the area through a Development Agreement or other agreement. This shall include efforts to synchronize traffic lights on streets impacted by project development. 29. Prior to the approval of a development plan or tentative map, staff shall forward the proposed application to the Riverside County Transit Agency (RTA) for review and comment regarding bus turnouts, shelters, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City and RTA. R:\S P~Harveston SP\PC Docs\COA-SP.doc 30. The developer shall provide proof that energy saving features will be installed in project homes as required by the California Building Code. Features may include: solar or Iow- emission water heaters, solar roof tiles, energy efficient appliances, dual parted windows, Iow pressure sodium parking lights, etc. Additionally, residential products constructed bythe home building division of Lennar shall incorporate "Comfort Wise" energy-efficiency features. 31. Landscaping design and water conservation devices that conform to the California Model Water Conservation Ordinance shall be required, such as Iow flow toilets, faucets and showerheads, shade tree selection and placement. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission will subject the project to further review and may require revision. GENERAL CONDITIONS 32. All utility systems such as electric, including those which provide direct service to the project site and/or currently exist along public rights-of-ways adjacent to the site (except electrical lines rated 33 ky or greater), gas, telephone, water, sewer, and cable TV shall be placed underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. 33. Prior to the issuance of any grading permit, as deemed necessary by the Department of Public Works, the Developer shall consult with the State of California Department of Fish and Game, U.S. Army Corps of Engineers, and U.S. Fish and Wildlife Service to determine if permits or approvals are necessary from such agencies for any action contemplated by this proposal. Such consultation shall be in writing, and copies of said correspondence, including responses from agencies, shall be submitted to the City. Where appropriate, the terms, conditions, and recommendations of the noted agencies shall be incorporated as Conditions of Approval into the areas of development. 34. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency 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. 35. Landscaping and permanent irrigation facilities shall be installed with all street improvements on and off-site grading. Perimeter walls, where required, shall be treated with graffiti- resistant coating and shall be installed adjacent to street improvements within each phase. 36. A phasing plan addressing the schedule of necessary infrastructure requirements shall be approved by the Department of Public Works and the Planning Director prior to approval of any subsequent application. 37. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06, unless otherwise provided for by a written agreement between the City and the Developer. 38. The Developer shall make a good faith effort to acquire the required real property interests necessary to carry out these conditions, and if he or she should fail to do so, the Developer R:\S P\Harveston SP\PC Docs\COA-SP.doc 5 shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the real property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. CIRCULATION 39. Prior to Final Map recordation, the Developer is responsible to bond for or construct the traffic signals at the project's accesses, as required, including the associated street improvements, based on traffic signal warrants analysis relative to subsequent tentative maps and/or development applications. 40. Adequate primary and secondary access shall be provided for each phase of development as approved by the Department of Public Works. Access to office and commercial areas shall be reviewed by the Department of Public Works at the time of submittal of individual tentative maps and/or development applications. Additional rights-of-way at entries to the aforementioned sites may be required to provide for turning lanes as directed by the Department of Public Works. 41. The exact location and number of access points shall be subject to review and approval by the Department of Public Works upon future tentative map and/or development plan approvals. 42. All street sections shall correspond with Typical Roadway Cross Sections and requirements of the Circulation Element of City's General Plan, City ordinances and standards or as approved with the Harveston Specific Plan. 43. All intersection intervals shall comply with City standards and requirements. 44. The Developer shall provide bus bays and shelters within the Specific Plan. Location and number of bus bays shall be subject to approval of the City and Riverside Transportation Agency (RTA). Additional rights-of-way dedications associated with bus bays shall be provided by the Developer. 45. Necessary improvements have been/will be conditioned based on the project traffic studies and the conceptual phasing plan shown on Section 12 of the Specific Plan. Any substantive rephasing of the development must be approved by the Planning and Public Works Director through a rephasing application. Prior to the issuance of occupancy permits within any phase, all on and offsite improvements as referred to in the Traffic Reports and subsequent addenda along with additional requirements set herein, or as set by conditions on individual tracts, must be constructed and/or bonded as required by the Department of Public Works. 46. Ensuing Traffic Reports, analyzing traffic impacts associated with subsequent development stages of the Specific Plan, shall be submitted to identify implementation and timing of the necessary improvements to mitigate cumulative traffic impacts. TRAFFIC MITIGATION MONITORING PROGRAM 47. The Traffic Mitigation Monitoring Program proposes that a traffic study be approved prior to the issuance of first occupancy permit in each additional phases of the development. The R:\S P\Harveston SP\PC Docs\COA-SP.doc 6 intent of the Traffic Mitigation Monitoring Program is not to re-define mitigation responsibility, but rather to assist in the refinement of area improvement needs and the timing of the improvements. The traffic study would: 1 ) document ambient traffic volumes conditions; 2) estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area should include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide primary access to the new development. Critical intersections / roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion (at the time the traffic study is to be pedormed). The traffic study findings would assist the City in proactively planning for area roadway improvements. DRAINAGE 48. Drainage and flood control facilities shall be provided in accordance with the requirements of the City and/or Riverside County Flood Control and Water Conservation District (RCFC&WCD). 49. Prior to approval of any subsequent development applications, the Developer shall submit the master drainage plan to the City and RCFC&WCD to review the adequacy of the proposed and existing downstream drainage facilities. 50. Drainage facilities within each phase shall be constructed immediately after the completion of the site grading and prior to or concurrently with the initial site development within that phase. 51. All drainage facilities shall be designed to convey 100-year storm flows, subject to the approval of the Department of Public Works and RCFC&WCD, as applicable. 52. The Developer shall construct the proposed on and offsite drainage facility improvements and the interim detention basin provision as recommended in the Specific Plan and Drainage Study documents and/or as directed by the Department of Public Works and RCFC&WCD, as applicable. 53. As required by the Department of Public Works, additional Hydrology and Hydraulic Reports shall be submitted with subsequent tentative maps and/or development applications to study the drainage impacts and analyze necessary measures to mitigate the runoff created as part of the development of this project. 54. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. 55. The Developer 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 drainage easements. WATER AND SEWER 56. Water and sewer facilities shall be installed in accordance with the requirements and specifications of the City, Rancho California Water District (RCWD), and Eastern Municipal R:\S P~Harveston SP\PC Docs\COA-SP.doc 7 57. 58. Water District (EMWD). Such requirements shall be applied at the subdivision or plot plan stages of the development. Prior to the approval of subsequent development applications, the Developer shall submit the master water plan to RCWD to check for adequacy of the proposed water facilities. The Developer shall obtain written approval for the water system from RCWD. Prior to the approval of subsequent development applications, the Developer shall submit the master sewer plan to EMWD to check for adequacy of the proposed sewer facilities. The Developer shall obtain written approval for the sewer system from EMWD. GRADING 59. No grading shall be permitted for any development area prior to tentative map or plot plan approval and issuance of grading permits for the specific area of development. 60. Grading plans and operations shall be in accordance with the Uniform Building Code, City Grading Standards, the recommendations contained in the Geotechnical Report, or any subsequent reports prepared for the project, the conditions of the grading permit, and accepted grading construction practices and the recommendations and standards specified in the Specific Plan and Environmental Impact Report (EIR) document. 61. Prior to issuance of any grading permit, erosion control plans shall be prepared in conformance with applicable City Standards and subject to approval by the Department of Public Works. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements. 62. The Developer shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit regulated bythe State Water Resources Control Board, and the Storm Water Pollution Prevention Plan (SWPPP) implemented by the San Diego Regional Water Quality Control Board. 63. Each subsequent application for a phase of development shall include a conceptual grading plan to indicate at a minimum: a) Preliminary quantity estimates for grading. b) Techniques and methods which will be used to prevent erosion and sedimentation during and after the grading process in compliance with the City Standards and NPDES requirements. c) Preliminary pad and roadway elevations. d) Designation of the borrow or stockpile site location for import/export material. e) Approximate time frames for development including the identification of areas which will be graded during the rainy months. f) Hydrology and hydraulic concerns and mitigations. 64. Major grading activities shall be scheduled during the dry season wherever possible, or as otherwise approved by the Department of Public Works. 65. Soils stabilization, which may include revegetation of graded areas, shall occur within 30 days of completion of grading activities as directed by the Department of Public Works. 66. The site shall be watered during grading operations to control dust. R:\S P\Harveston SP\PC Docs\COA-SP.doc 8 67. Temporary drainage and sediment control devices shall be installed as directed by the Depadment of Public Works. 68. An import/export route shall be submitted to the Department of Public Works prior to issuance of any grading permit. The plan shall include limitation to the duration of the grading operation and construction activities, a Traffic Control Plan, and a daily time schedule of operations. 69. Prior to issuance of any grading permit, a soils repods shall be submitted to the Department of Public Works for review and approval, to address engineering, geologic, seismic, and soils engineering concerns for each tentative map or commercial parcel map for each phase of proposed development. 70. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 71. All public streets shall be maintained and cleaned if necessary on a daily basis during grading operation and construction activities. Cash deposit, letter of credit or posting of bond to guarantee maintenance of all public rights-of-way affected by the grading operations and construction activities, shall be posted prior to issuance of grading permits. 72. If subsequent Geotechnical and Soils Reports determine that dewatedng of the site is necessary during construction, necessary permits (ie. in compliance with NPDES permit) shall be obtained from appropriate agencies prior to approval of the grading plans. PHASING 73. Construction of the development permitted by the Specific Plan, including recordation of final subdivision maps, may be carried out in stages provided that, adequate vehicular access is constructed for all dwelling units in each stage of development and further provided that such development conforms substantially with the intent and purpose of the Specific Plan Phasing Plan. 74. Development applications shall be submitted for each planning unit in each phase. Total acreage and land uses within each phase shall be substantially in accordance with the specifications of the Specific Plan. 75. The Developer shall be permitted to seek a reimbursement agreement for qualifying facilities and improvements, as the same are authorized in Condition 6 of the Resolution. The City and the Developer shall proceed in good faith to allocate appropriate reimbursements to the Developer pursuant to the City's then enforceable ordinance applicable to such reimbursement. 76. PHASE 1 a. CIRCULATION The following improvements shall be completed as part of Phase 1 and prior to 1st building permit in Phase 2. i. Improve Date Street from Margarita Road to the Major Entry at Date Street (Urban Arterial Highway Standards - 134' R/W) to include dedication of half- R:\S P\Harveston SP\PC Docs\COA-SP.do¢ 9 iv. width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median ii. Improve the Major Entry at Date Street from Date Street to Loop Road (Modified Major Highway Standards - 100' R/W) to include dedication of full- width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median iii. Improve the Loop Road from Major Entry at Date Street to School Site Modified Collector Road Standards - 66' R/W) to include dedication of full- width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) iv. Improve northbound Margarita Road from Santa Gertrudis Creek to the southerly boundary of Tract Map No. 21340 (Arterial Highway Standards - 110' R/W) to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. CIRCULATION The following improvements shall be completed prior to the first occupancy permit in Phase I i. Improve the Loop Road from the Major Entry at Margarita Road to the westerly boundary of Planning Area 5 ( Modified Collector Road Standards - 66' R/W) to include dedication of full-width right-of-way, installation of full- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) 1. Provide an Eastbound Free Right Turn Lane from the Loop Road onto the Major Entry at Margarita Road ii. Improve Southbound Margarita Road from Santa Gertrudis Creek to Date Street (Arterial Highway Standards - 110' R/VV) to include dedication of half- width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. iii. Improve the Major Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 106' RNV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 20 foot wide raised landscaped median Improve the Minor Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 82' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and R:\S P\Harveston SP\PC Docs\COA-SP.doc 10 sewer) v. Improve the Village Center Road from the Loop Road to the Major Entry at Margarita Road (Modified Street Section per the Specific Plan - 63' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) The following improvements shall be completed prior to the first occupancy permit in Phase 1 of the Service Commercial area vi. Improve Ynez Road from the southerly Specific Plan boundary to Equity Drive (Arterial Highway Standards - 110' R/W) to include dedication of half- width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. vii. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: (i) approximately twenty (20) contiguous acres in area; (ii) identified and defined by the City Engineer of City of Temecula; (iii) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real properly shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real properly shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1, 2003. OFFSITE CIRCULATION Prior to issuance of 326th occupancy permit for the Phase 1 Residentia~ and more than 8 acres of Phase 1 Service Commercial development (southern portion of Planning Area 12), the developer(s) shall implement the improvements for the following: i. Improve the intersection of Winchester Road at Ynez Road 1. Add Eastbound Through Lane 2. Add Southbound Right Turn Overlap Phase 3. Modify Signal to Provide Northbound Right Turn Overlap Phase R:\S P\Harveston SP\PC Docs\COA-SP.doc 11 ii. Improve the intersection of Winchester Road at Margarita Road 1. Add Right Turn Lane and Modify Signal to Provide Southbound Right Turn Overlap Phase 2. Add Eastbound Left Turn Lane (Dual Left) TRAFFIC SIGNALS i. Prior to the first occupancy permit or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 1. Margarita Road and Major Entry at Margarita Road 2. Major Entry at Margarita Road and Loop Road 3. Margarita Road and Date Street 4. Date Street and Major Entry at Date Street 5. Modify the existing traffic signal at the intersection of Margarita Road and Rustic Glen Drive DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements 77, PHASE 2 a. CIRCULATION The following improvements shall be completed as part of Phase 2 and prior to first building permit in Phase 3. i. Improve Date Street from the Major Entry at Date Street to the westerly boundary of Planning Area 3 (Urban Arterial Highway Standards - 134' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. ii. Improve the Loop Road from Major Entry at Date Street to the westerly boundary of Planning Area 5 (Modified Collector Road Standards - 66' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). iii. Improve Ynez Road from Equity Drive to Service Commercial Access Ill (Arterial Highway Standards - 110' R/VV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities R:\S P~Harveston SP~F'C Docs\COA-SP.doc iv, (including but not limited to water and sewer) and a 14 foot wide raised landscaped median. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: a) approximately twenty (20) contiguous acres in area; b) identified and defined by the City Engineer of City of Temecula; c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. Improve Equity Drive from County Center Drive to the new Ynez Road (Modified Principal Collector Road Standards - 78' RNV) to include to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) OFFSITE CIRCULATION Prior to the issuance of occupancy permits for the Phase II build-out of Residential (defined as issued building permits in excess of 476 for single family detached units and 346 for attached multiple family units) and Service Commercial (defined as development that involves real property that in the aggregate exceeds twenty (20) net acres of real property within Planning area 12) apd Village Center neighborhood commercial (beyond an aggregate of eight thousand (8000) square feet of developed area) the improvements generally described hereafter shall have been completed to the reasonable satisfaction of the City and the Developer shall be authorized to seek a reimbursement agreement as provided for in condition 6, unless waived pursuant to condition 6. 1. 2. 3. R:\S P\Harveston SP\PC Docs\CQA-SP.doc Winchester Road at Jefferson Avenue Add Eastbound Right Turn Lane Add a Southbound Left Turn Lane (Dual Left) Convert Southbound Right Turn Lane to Shared Through and Right Turn Lane 13 4. Add Northbound Right Turn Lane (Dual Right) ii. Winchester Road at 1-15 Southbound Ramp 1. Add Eastbound Right Turn Lane 2. Add Southbound dedicated Left Turn Lane (Dual Left) and widen off ramp to accommodate the added lane iii. Winchester Road at Ynez Road 1. Add Eastbound Left Turn Lane (Dual Left) 2. Add Eastbound Through Lane 3. Add Northbound Left Turn Lane (Triple Left) 4. Modify Signal to provide Northbound Right Turn Overlap Phase 5. Split Northbound and Southbound Signal Phases 6. Add Westbound Through Lane 7. Add Southbound Shared Through and Right Turn Lane (300' Minimum) iv. Overland Drive at Jefferson Avenue 1. Modify Signal to Provide Westbound Right Turn Overlap Phase 2. Modify Signal to Provide Northbound Right Turn Overlap Phase 3. Split Northbound and Southbound Signal Phases 4. Add Eastbound Right Turn Lane v. Overland Drive at Ynez Road 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Through Lane 3. Modify Signal to Provide Westbound Right Turn Overlap Phase 4. Modify Signal to Provide Southbound Right Turn Overlap Phase vi. Overland Drive at Margarita Road 1. Modify Northbound Through Lane to Shared Through and Left Turn Lane 2. Split Northbound and Southbound Signal Phases vii. Winchester Road at 1-15 Northbound Ramp 1. Add Westbound right turn lane (Dual right) CITY OF MURRIETA CIRCULATION A fair-share contribution shall be made to the City of Murrieta prior to the first occupancy permit in Phase 2 to improve the intersection of: i. Murrieta Het Springs Road at Jefferson Avenue 1. Add Westbound Left Turn Lane (Dual Left) 2. Channelize Northbound Right Turn Lane to Allow Free Right Turn Movement R:\S P~larveston SP\PC Docs\COA-SP.doc 14 ii. Murrieta Hot Springs Road at Alta Murrieta Drive 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Right Turn Only Lane iii. Murrieta Hot Springs Road at Margarita Road 1. Modify Eastbound Through Lane to Shared Through Lane/Right Turn Lane 2. Modify Northbound Through Lane to Shared Through Lane/Left Turn Lane TRAFFIC SIGNALS i. Prior to the first occupancy permit, or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 1. Date Street and Major Entry at Date Street DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements, 78. f. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements. PHASE 3 a. CIRCULATION The following improvements shall be completed as part of Phase 3 and prior to the first building permit in Phase 4: i. Improve Date Street from the westerly boundary of Planning Area 3 to Ynez Road (Urban Arterial Highway Standards - 134' R/VV) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median 1. Provide Eastbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 2. Provide Westbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 ii. Improve Ynez Road from Service Commercial Access III to Date Street (Arterial Highway Standards - 110' FINV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median 1. Provide Southbound Right Turn Lane onto Date Street per EIR ID. No. 37 R:\S P\Harveston SP\PC Docs\COA-SP.doc 15 iii. 2. Provide Northbound Right Turn Lane onto Date Street per EIR ID. No. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: a) approximately twenty (20) contiguous acres in area; d) identified and defined by the City Engineer of City of Temecula; 79. c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements. PHASE 4 a. CIRCULATION The following improvements shall be completed as part of Phase 4. i. Improve Date Street from Ynez Road to Interstate 15 (Urban Arterial Highway Standards - 134' R/VV) to include dedication of full-width right-of- way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median ii. Improve Ynez Road from Date Street to the northerly Specific Boundary (Arterial Highway Standards- 110' R/VV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median iii. All necessary right-of-way in Planning Areas 8 and 12, including slope areas R:\S P\Harveston SP\PC Docs\COA-SP.doc 16 for the Date/Cherry Intemhange shall be granted free and clear of encumbrances in fee title. The location and limits of the right-of-way shall be as approved by the City and the California Department of Transportation. DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula c. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this Specific Plan. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 80. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 81. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 82. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B 83. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 G PM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 84. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) R:\S P~larveston SP\PC Docs\COA-SP.doc 17 85. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 88. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 87. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 88. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 89. Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1). 90. Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including parking with Fire Prevention approval on a map by map basis. 91. Cul-de-sacs with planters must maintain 24 foot clear unobstructed travel width around the planters, not including parking. Hardseape areas are permissible provided that they meet the 80,000 lb. Icad requirements and are at road level. 92. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 93. All traffic calming devices that could impede or slow emergency vehicle access are prohibited, except those approved individually on a map by map basis when they maintain the required travel widths and radii. 94. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) 95. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 96. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building R:\S P\Harveston SP\PC Docs\COA-SP.doc 18 materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) 97. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 98. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 99. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for all apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 100. Prior to issuance of Certificate cf Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 101. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 102. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 103. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 104. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 105. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. (CFC Article 81) R:\S P~-Iarveston SP\PC Docs\COA-SP.doc 19 106. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) 107. Prior to the issuance of a Certificate of Occupancy or building final, the developedapplicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) Special Conditions 108. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland- vegetation interface. (CFC Appendix II-A) 109. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) 110. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau for some commercial occupancies. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 111. Prior to issuance of a building construction in each phase a simple plot plan or map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 112. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 113. The appricant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) TEMECULA COMMUNITY SERVICES DEPARTMENT General Requirements: 114. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedent. 115. The current park dedication requirement (Quimby) shall be satisfied with the 16.5 acre community park, the existing Winchester Creek Park and the HCA owned and maintained R:\S P\Harveston SP\PC Docs\COA-SP.doc 2O recreational areas identified in the Harveston Specific Plan including the 6.9 acre Lake Park, the 1.8 acre Village Green, the 2 acre Village Club and the mini parks totaling 1.5 acres. 116. The actual design of the 16.5 acre community park in Planning Area 1 shall be in substantial conformance with the conceptual designs and guidelines identified within the Specific Plan. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided on site. Construction plans and specifications must be approved bythe Director of Community Services. 117. All park and slope/landscape plans submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and the Park Land and Landscape Dedication Process. 118. The design of the community park in Planning Area 1 shall provide for pedestrian circulation and access for the disabled throughout the park. 119. Construction of the 16.5 acre community park site and proposed TCSD landscape maintenance areas shall commence pursuant to a pre-job meeting with the developer and TCSD Maintenance Superintendent. Failure to complywith the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 120. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the park sites and slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD. 121. The 16.5 acre community park shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall also be provided with the conveyance of the property. 122. All perimeter slope/landscape areas adjacent to roadways with a 66 foot right of way or larger adjacent to single family residential development shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of the application process. All other landscape areas, entry monumentation, signage, pedestrian portals, bus shelters and walls shall be maintained by the Homeowners Association (HCA), private maintenance association or property owner. 123. A ten (10) foot wide multi-use trail will be constructed around the Lake Park. An 8' paseo will be constructed within the Paseo Park and along the outside of the Loop Road. 124. Class II bicycle lanes will be included on both sides of Ynez Road, Date Street (within the project area), the Loop Road and the three entrance roads, and the adjacent portions of Margarita Road and Date Street (bordering the County line). Class II bike lanes shall be constructed in concurrence with the street improvements. 125. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park in Planning Area 1. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. 126. The 16.5-acre community park in Planning Area 1 shall be constructed, including the 90-day R:\S P\Harveston SP\PC Docs\OOA-SP.doc 21 maintenance and establishment period, and the conveyance accepted by the City Council prior to the issuance of the first residential building permit in Phase 2 (excluding models). Notwithstanding the foregoing, if the completion of the 16.5 acre Community Park is delayed because the final and permanent alignment of Ynez Road has not been determined which prevents the designation of the boundaries of the subject park, the City may, in the reasonable discretion of the City Manager and which shall not be unreasonably withheld, continue to issue building permits during the term of such uncertainty. The City Manager may require, and the Owner or Developer shall provide, the provision of notice to potential purchasers of the scope of improvements intended to occur within the subject park, including, but not limited to, lighted athletic fields. Notice, as required by the City Manager, may include, but is not limited to, signage (both on and off the anticipated park site), letters, displays or handbills. Prior to Approval of the Final Map: 127. The developer, or his assignee, shall offer for dedication, enter into an agreement and post security with the TCSD to improve the proposed parkland located in Planning Area 1 in accordance with the City standards, prior to the approval of the respective final map. 128. All areas intended for dedication to the TCSD for maintenance shall be identified on each final map by numbered lots and indexed to identify said lots numbers as a proposed TCSD maintenance areas. 129. All TCSD slope/landscaping maintenance easements shall be offered for dedication on each final map. 130. Construction drawings for all landscape medians and proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services prior to the approval of each final map. 131. The subdivider shall post security and enter into an agreement to improve all landscape medians and proposed TCSD maintenance areas prior to the approval of each final map. 132. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the TCSD maintenance program prior to approval of each final map. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits: 133. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy: 134. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 135. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. R:\S P~Harveston SP\PC Docs\COA-SP.doc 22 OUTSIDE AGENCY LE'rI'ERS 136. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District transmittal dated March 31, 1999, a copy of which is attached. 137. The applicant shall comply with the recommendations set forth in the Rancho Water transmittals dated November 9, 1999 and September 8, 2000, a copy of which is attached. 138. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health transmittal dated February 1,2000, a copy of which is attached. 139. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control and Water Conservation District transmittal dated January 1,2000, a copy of which is attached. I40. The applicant shall comply with the recommendations set forth in the Department of Transportation transmittal dated November 15, 1999, a copy of which is attached. 141. The applicant shall comply with the recommendations set forth in the Eastern Information Center, Department of Anthropology transmittal dated November 3, 1999, a copy of which is attached. 142. The applicant shall comply with the recommendations set forth in the Temecula Valley Unified School District transmittal dated November 5, 1999, a copy of which is attached. 143. Comply with the terms and conditions of the U.S. Fish and Wildlife and Army Corps of Engineer permits obtained for this project. 144. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31,2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name R:\S P\Harveston SP\PC DOCS\COA-SP.doc 23 Board of Directors President David J. Slawson ~ce President Clayton A. Record, Jr. Marion V. Ashley Richard R. Hall Rodger D. Sierns Board Secretary Mary C, White General Manager John B. Brudin Director of the Metropolitan Water District of So. Calif. Clayton A. Record, Jr. Treasurer Joseph J. Kuebler. CPA Legal Couttsel Redwine and Sherri{l October 4, 2000 County of Riverside Environmental Health Department P.O. Box 1206 Riverside, CA 92502 Dear Colleague: SAN83-Sewer Will Serve 1,921 Units, Located west of Margarita Rd., north of Date St. in the County of Riverside. EMWD is willing to provide water and/or sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. The arrangements may include plan check, facility construction, annexation, payment of financial participation charges, coordination with a sub-agency, reclaimed water facilities and other requirements. The developer should contact EMWD's New Business Development Department early in the process to determine the necessary arrangements for service. EMWD's ability to serve is subject to limiting conditions, such as water shortages, regulatory requirements, legal issues, or conditions beyond EMWD's control. Thank you for your cooperation in serving our mutual customers. questions, please call me at (909) 928-3777, ext. 4518. Civil Engineering Assistant New Business Development If you have any MHS/ C: Ms. Patty Anders City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Mailing .4ddress: \ \ fpsnts2\ J_\WORDPROC\WORD\NEW_BUS[. 11 \Wil 1 Serve\Year2000\marg&datest. doc Post Office Box 8300 Pen'is, CA 92572-8300 Telephone: (909) 928-3777 Fax: (909) 928-6177 £ocation: 2270 Tremble Road Perris, CA 92570 ltan V/mr Board of Directors: Ralph lt. Daily Pmsident Doug Kulberg Sr. Vice President Lisa D. Herman Csaba F. Ko Scott A~ McIntyre Jeffrey L. Minkler George M. Woods John F. Heonigar General Manager Phillip L. Forbes November 9, 1999 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY SWEETWATER SPECIFIC PLAN ASSESSMENT DISTRICT NO. 161 VARIOUS ASSESSOR'S PARCEL NUMBERS PLANNING APPLICATION NO. PA99-0418 AND PA99-0419 Dear Ms. Anders: Please be advised that the above-referenced development is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner along with the construction of any required on-site and/or off-site water facilities. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 99~S B:mc303',F012-T1 ~FCF Rancho California Water District September 8, 2000 Patty Anders, Case Planner City of Temeeula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY HARVESTON SPECIFIC PLAN Dear Ms. Anders: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. RCWD has reviewed the Specific Plan for the Harveston development. As stated above, RCWD will provide water service to this project. The proposed demands have been incorporated into both the RCWD Water Resource Master Plan and Water Facilities Master Plan. These plans have been reviewed and adopted by the District's Board of Directors. The review of the above-referenced documents affirms that the water demand for Linda M. Fregoso Distxiet Secretary/Admlnistrative th~s area was evaluated and incorporated into the RCWD Master Plans. Services Manager C. Mich~el Cowett Also, please refer to our letter of August 23, 2000 (copy enclosed) concerning the Best Best & Krieger LLP Gene~Co,~, proposed lake. RCWD highly recommends that the issue of utilizing reclaimed water be completely addressed in the site master plan and specific plan. Ify0u have any questions, please do not hesitate to call. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager Enclosure SEP 1 1 2000 By TO: FROM: RE: County of Riverside HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH CITY OF TEMECULA PLANNING DEPARTMENT ATTN: Patty Anders GREGOR DELLENBACH, Interim Supervisor SWEETWATER SPECIFIC PLAN DATE: February 1,2000 The Sweetwater Specific Plan dated September 1999 has been received and reviewed. Will-serve letters from the water and sewering agencies will be required and the use of reclaimed water on all parklands and other greenbelt zones and other landscaped zones is highly recommended. in order to serve domestic water and provide sanitary sewer service to the project area, "will-serve" letters from Rancho California Water District (RCWD) and Eastern Municipal Water District (EMWD) respectively will be required. Domestic water demands are calculated to be 2.02 MGD and wastewater flows to be 0.723 MGD. The report advises that RCWD and EMWD can handle those demands. The report identifies that 254.7 acres of park, open space and school sites that should be eligible to receive reclaimed water. These irrigation systems should be designed to accommodate a reclaimed water system. The concerns regarding re-claimed water have not been addressed in the docmnent reviewed. Sincerely, Gregor e enbach, Interim Supervisor GD:dr (909) 955-8980 DAVID P. ZAPPE General !Vlanagcr-Chict' Enginccr RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: F/I:~W ~/ ~ ~'t'~) ~/~.~ - Ladies and Gentlemeh: Re: 1995 MARKET STREET RIVERSIDE. CA 92501 909.955.1200 909.788.9965 FAX The D strict does not norma y recommend cond t OhS for land divisions or other land use cases in incorporated cities. The D strict also does not plan check city land use cases, or provide State D v s on of Real Estate letters or other f cod hazard reports for such cases Distnct comments/recommendations for such cases are normally limited to terns of specific ~nterest to the District includ ng D strict Master Drainage Plan facilities, other regional flood control and dra nage fac t es which ecu d be cons dered a logical componenfor extens on of a master plan system, and District Area Drainage Plan fees (development m t gation fees). In add t on, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This pro ect involves District Master Plan facilities. The D str ct w accept ownership of such facilities on written request of the City. Fac t es must be constructed to District standards and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. v'/" Th s prelect may propose channe s, storm drains 36 riches or larger in diameter, or other facilities that co Id be corlsidered regional in nature and/or a Logical extension of the adopted ~'~l~¢,.&l~;TA Lj.C.~F,-. Master Draina~te Plan. ~Th~..District.would co, nsi.d_er. ownership ct such fac tes on wrtten request of me City. hacflltles [nust Be cons[ructeu..)u _ standards, and District plan check and inspection will be required for District acceptance. Ftan checK, inspection and administrative fees will be required, v/' Th s project is located within the mts of the District's ~tJR.SJS,1A ~F-..Ir-/fiCfJgg/~'ti Drainage Plan for which dra nage fees have been adopted applicable tees thou d be paid by ca~hier s check or money order only to t~e Flood Centre D strict prior to issuance of bu ding or grading permits, whichever comes first. Fees to be paid should be at the rate in effect at the t me of issuance of~he actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elim nat on System (NPDES) permit from the State Water Resources Control Board, C earance for grading, recordation or other final ~approva/should not be given until the City has determined that ~he project has been granted a perrn t or is shown to ue exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require tf~e applicant to provide al studies caculations plans and other nformation required to meet FEMA requirements, and shou d further require that the applicant obta n a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Rev s on (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these ag, encies ' ' ' e ro'ect is exemet from these requ rements. A Clean Water Act Section 401 Water Quality Certification indcatngth p ,~- ~ ~¢ ,~e ~onal Wa er Qua t ControlBoard r, or to ,ssuance of the Corps'~04 may be required from ,,,e ,o~al Ca.i,or..i- .. g' ' Y P: : permit. Very truly yours, STUART E. MCKIBBIN Senior Oivil Engineer Date: STATE OF CALIFORNIA--BUSINESS, AND HOUSING AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8 464 W Fourth Street, 6th Floor MS 726 San Bernardino, CA 92401-1400 PHONE (909) 383-6327 FAX (909) 383-6890 November 15, 1999 08-Riv-79-R3.300 Ms. Patty Anders Assistant Planner PO Box 9033 Temecula, CA 92589-9033 Dear Ms. Anders: NOV 1 7 1999 3y Sweetwater Specific Plan The City of Temecula should ensure that the applicant complies with the current Congestion Management Program in place as defined by the Riverside County Transportation Commission (1997). Please forward all future plans and documents to this office regarding this proposal. If you have any questions, please contact Jim Belty at (909) 383-4473 or FAX (909) 383-6890 Sincerely, LINDA GRIMES, Chief Office of Forecasting/ IGR/CEQA Review c: Mosle Boyd, State Clearinghouse ~999 11:26eat o- Page2] SENT BY:UGH 3-gg ;11:07A# ; /~CH 90969454~;# 2 ALIFORNIA tlISTORICAL I ESOURCES iNFORMATION YSTEM Eastem Information Center Department of Anthropology University of C;d~nla Riverside, CA 9282T-0415 Phone (g09) 787-5745 Fax (~) 7a?.s4o9 DATE: 11~: C~se Transmltt~! RM'e~0nco DesJ~ion: ~1 Recor~ at the Eam-ero laformatioa Ceat, er of lhe Califor lxeea reviewed to determine ifthb project would ~lve~se~ __ A Vha~ 1 e~,~ral mmm~ ,mx;IX (MF ,f )id~! Tho Jubu~uion of i infirm'al reloUrca auu:mgenu~a ty~pod, b l~o~o~ld~a~et Repom pt~imredbythc C~li~=i~ Off d(a). Dooembar 19~9. Pb~e Il ]q~e II1 COMMENT~: if you have ~my questlom, please contact u~, RCE t Historical Resources Iuformatlon System have affect prehistoric or h~odc cultural reaou~ce~: ~somms ~M ooutsJm or b &~,-~-~ m lua~wu ou]tu~d mthd ~or ~ ~ulluml r~u.*-q~m. A ~ I Itud)' oukund ~oun~a. Howevor, duo to th= nature of Ul~ o1' Hi~orio Pr~czv~n, 7'r~ Plmm~lA* ~B-~-~ ~utt,~lt:ioo in i~e, o~ & oombla~tlon of tim two.] Esstern Information Center November 5, 1999 TEMECULA VALLEY Unified School District Dav,dB.^,mB. NOV 1 6 1999 By BOARD OF EDUCATION Patti Smith Richard Sharer Ed Eider Jerry Hobbs Member Barbara Tooker Ms. Patty Anders City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: PA99-0419 (Sweetwater) Dear Ms. Anders: Temecula Valley Unified strongly supports the inclusion of a twelve-acre elementary school within the proposed Sweetwater Specific Plan. An elementary school within the community will be vital to serve the students generated by the homes there, as well as other City of Temecula residents. There is a need to open this school as early as August of 2000. As was discussed in an earlier meeting with City Manager Shawn Nelson, and Deputy City Manager, Gary Thomhill, this may require an acceleration of the school site portion of the specific plan. Lennar Communities has worked closely with the school district in establishing the location and configuration of the school site shown in the proposed plan. The District encourages an expeditious approval of that aspect of the plan as shown. Sincerely, I Temecula Valley Unifie/d)Sc~ool District 1/Coordinator of Facilities Services Cc: Dave Gallaher, Director of Facilities Services 31350 Rancho Vista Road / Temecula, CA 92592 / (909) 676-2661 RTfl ID:9096841007 MflY 31'01 9:14 No.O01P.02 May 31,2001 Riverside Transit Agency 1825 Third Street P.O. BOX 59968 Riverside, CA 92517 Phone: (909) 684-0850 Fax: (909) 684-1007 City of Temccula Planning Dcpartanent 1 met recently with Matt Fagan to discuss the H'arveston Specific Plan. It appears that all attempts havc been made to design thc pmjcct in a transit-friendly mazmcr, including thc open-ended clustering otresidentlal units. The mixed.uses in the Village Green Center are also conducive to transit usage.. We hope to jointly design a pilot program to encourage transit usage and thc usc of other alternatives to 1he single occupancy vehicle. It would be beneficial for the community to provide transit access lo adjacent areas, sudt as thc Promenade Mall, middle and high schools and local employment centers. Please continue to keep us posted so we can maximize coordination ofp)anning efforts. Thm~k you for the opportunity to comment on this project. Cis LeRoy ~ Planning Dir¢cto-"f'-" EXHIBIT D GENERAL PLAN CONSISTANCY ANALYSIS R:\S P~Harveston SP~Ciiy CouncilXRESO CC GPA SP.doc 9 GENERAL PLAN CONSISTENCY GENERAL PLAN CONSISTENCY The Specific Plan is consistent with the General Plan and serves to implement all aspects of the General Plan relevant to the designated area. A Specific Plan is a plan adopted either by ordinance or resolution for a particular area of land. A Specific Plan may contain its own development standards (zoning), and thus provides greater flexibility in the distribution of the land uses. The Harveston Specific Plan is intended to be supportive of, and consistent with, the goals and policies of the Temecula General Plan. It has been written to implement the Specific Plan designation assigned to Harveston Specific Plan area by the General Plan, updated on November 9, 1993. The purpose of this section is to ensure that the Specific Plan is consistent with the goals and policies of the City of Temecula's General Plan as required per Government Code Section 65454. The following are the ten elements included within the Temecula General Plan: 1. Land Use Element 2. Circulation Element 3. Housing Element 4. Open Space/Conservation Element 5. Growth Management/Public Facilities Element 6. Public Safety Element 7. Noise Element 8. Air Quality Element 9. Community Design Element 10. Economic Element The goals and policies for each General Plan element have been evaluated in the following pages. Following each goal of the General Plan elements, specific policies are laid out. Following each goal and policy, a statement is made in italics, indicating how the Specific Plan is consistent with that goal and/or policy. Ln some cases, it is indicated that the specific goal or policy is not applicable to the Specific Plan. The following sections list the applicable goals and policies of the above elements of the General Plan. FEBRUARY 2001 LAND USE ELEMENT LA~O USE ELEMENT Goal 1: A complete and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. Discussion: The proposed Harveston Specific Plan has been prepared in conformance with the City of Temecula General Plan and is consistent with the City of Temecula's zoning code and General plan densities and intensities. The Specific Plan Project seeks to create a community character and quality that compliments the surrounding area. The proposed plan contains a variety of housing products and designs, which would cater to different groups of home buyers/renters in the Oty of Temecula. Additionally, development of the service commercial component of the Specific Plan will provide opportunities for the region and Harveston area. The Plan also includes a generous amount of open space and recreational opportunities _~ 70 acres), and more than adequate public facilities and services. Policies 1.1 Review all proposed development plans for consistency with the commumty goals, policies and implementation programs of this General Plan. The proposed Harveston Specific Plan has been prepared in conformance with the City of Temecula General Plan and is consistent with community goals, policies, and implementation programs outlined in the General Plan. 1.2 Promote the use of innovative site planning techniques that contribute towards the development of a variety of residential product styles and designs including housing suitable to the community's labor force. The proposed plan contains a variety of housing products and innovative site planning designs (see Section 3.0, Land Use Plan and Section 10.0, Design Guidelines), which would cater to different groups of home buyers/renters in the City of Temecula` 1.3 Require the development of unified or clustered community-level and neighborhood-level commemial centers and discourage development of strip commercial uses. The Harveston Specific Plan proposes a Mixed Use Village Center, which would include uses such as retail, restaurant, office, daycare, worship, and a private club facility and fitness center. Additional commercial uses are located in the Service Commercial area of the Specific Plan. The Specific Plan does not encourage development of strip commercial uses. 1.4 Consider the impacts on surrounding land uses and infrastructure when reviewing proposals for new development. The proposed plan is consistent with the City of Temecula general plan densities and intensities and seeks to create a community character and quality that reflects the surrounding area. The Harveston E1R provides an analysis of the project's impacts on surrounding land uses and infrastructure. Infrastructure is consistent with the General Plan requirements and will be installed concurrently with development. FEBRUARY 2001 2 p:~oo~Nt~z~pco~stsr~c~oc LAND USE ELEMENT 1.5 1.6 1.7 1.8 1.9 1.10 Support the development of light industrial, manufacturing, research and development, and office uses to diversify Temecula's economic base. 7he Harveston Specific Plan proposes a l l2.4-acre service commercial area that includes a mixture of uses that could serve or expand upon the adjacent business park development. This service commercial component of the Specific Plan will provide employment opportunities and needs for the region and Harveston area. Provide well-defined zoning and development standards and procedures to guide private sector planning and developmem. The Harveston Specific Plan creates development standards consistent with the philosophy of the City of Temecula Development Code. Detailed development standards for the Specific Plan have been prepared (see Section 1LO, Development Standards) to manage implementation of general or unique conditions in each Planning Area. Require the preparation of specific plans as designated on the Specific Plan Overlay to achieve the comprehensive planning and phasing of development and infrastructure. The Harveston Specific Plan has been prepared in order to achieve comprehensive planning and phasing of development and infrastructure. Consider taking the lead on preparing specific plans for areas designated on the Land Use Plan that have multiple landowners. This policy is not applicable, because it is a City directed policy. However, the subject site is designated Specific Plan on the General Plan Land Use Map. Encourage flexible zoning techniques in appropriate locations to preserve natural features, achieve innovation site design, achieve a range of nansifion of densities, provide open space and recreation facilities, and to provide necessary amenities and facilities. The Harveston Specific Plan includes components that achieve many innovative site designs and a range of densities within the proposed residential development and the mixed use Village Center. The plan also provides for a variety of open space and recreation facilities including a Lake, a Lake Park, Paseo Park, Arroyo Park, and three mini park, a comprehensive trail system and bike paths. Pursue oppommities to locate higher density housing with supporting commercial and public uses on the west side of 1-15. This policy (locating higher density housing with supporting commercial and public uses on the west side of 1-15) is not the responsibility of the Harveston development. This development is located on the east side of l-15. Although the Specific Plan area is located east of l-15 it does include higher density housing and supporting commercial and public uses. FEBRUARY 2001 3 LAND USE ELEMENT Goal 2: A City of diversified development character where rural and historical areas are protected and co-exist with newer urban development, Discussion: The Harveston Specific Plan has been designed with sensitivity to its surrounding uses and seeks to conform to the overall character of the arec~ However, Harveston Specific Plan area is not located within a historical or rural area of the City. Policies 2.1 Provide physical and visual buffer areas to create a transition between rural residential and agricultural areas and commercial, industrial and other higher density residential development. The proposed plan includes extensive uses of paseos and landscaping setbacks/buffers to create physical and visual buffers to create appropriate transitions within the different types of development. 2.2 Apply rural development standards to specified areas of the City to maintain the rural character of those areas. The policy is not applicable because the rural development standards do not apply to this project. The proposed project is in an area adjacent to existing development and the 1-15 Freeway and has been designated for mixed use development by the City's General Plan. 2.3 Define the rural and historical areas of the community to be conserved, and establish a procedure for adding areas or altering boundaries as necessary. This policy is not applicable to the Harveston project. It is the responsibility of the City of Temecula to define the rural and historical areas of the community to be conserved and establishing a procedure for ~,dding or altering the boundaries if necessary. The City has already defined rural areas within the community and assigned L (.5-2 dwelling units per acre), VL (.2-.4 dwelling units per acre) and HR (0-. 1 dwelling units per acre)residential designation on the General Plan Land Use Map. In addition, the City has adopted the Old Town Specific Plan which has defined a historical area of the community to be conserved. 2.4 Require the use of landscaped, open space buffers along roadways in-lieu of residential subdivision walls where feasible in light of noise and other constraints. The Harveston Specific Plan Design Guidelines (Section 10.0) has incorporated the use of landscape and open space buffers along the roadways in-lieu of residential subdivision walls where feasible in light of noise and other constraints. Figure 10.4 (Community Fencing and Walls Plan)presents a variety of wall and fence types within Harveston to meet the intent of this General Plan Policy. The project perimeter walls are required for noise mitigation; however, they will be planted with vines to create a green wall. The interior of the project will allow a variety of walls, fences and landscaping that will be well landscaped. FEBRUARY 2001 4 ~,:e~o~ss~coss~rresc~voc LAND USE ELEMENT Goal 3: A land use pattern that will protect and enhance residential neighborhoods. Discussion: The design of the Harveston Specific Plan is sensitive to and compatible with the surrounding uses and takes into account existing conditions and natural features. While the plan seeks to create a distinguishable character for the Harveston Specific Plan area, it will be compatible with and will enhance the adjacent uses. Policies 3.1 Consider the compatibility of proposed projects on surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, preservation of existing vegetation and landform, the location of access routes, noise impacts, traffic impacts, and other environmental conditions. The design of the Harveston Specific Plan is sensitive to and compatible with the surrounding uses and takes into account existing conditions in terms of the size and configuration of buildings, use of materials and landscaping, the location of access routes, noise impacts, traffic impacts and other environmental conditions. Specific Plan Land Use designations are consistent with the General Plan Land Use designations. The General Plan designations were reviewed for consistency and compatibility with adjacent development. The Specific Plan land uses have been developed to be complimentary to and compatible with the surrounding uses. Residential designations have been appropriately located next to those of like intensity. The Community Park has been situated to provide a buffer to the existing light industrial uses. The Service Commercial area has been located adjacent to 1-15 and west of Ynez Road. In addition, Design Guidelines and Development Standards within the Specific Plan assure the appropriate use of color, materials, architectural styles, landscaping, etc., to ensure compatibility with surrounding uses. 3.2 Provide infill development incentives in the residential sections of the Old Town area through the Old Town Specific Plan. The policy is not applicable because this is a City directed policy and the proposed project is not located in Old Town. 3.3 Require parcels developed for commercial or industrial uses to incorporate buffers that minimize the impacts of noise, light, visibility of activity and vehicular traffic on surrounding residential uses. Location of the service commercial uses with their lack of direct roadway access to the residential uses and special features such as landscape buffers, incorporated into the design of the service commercial, will minimize the impacts on surrounding residential uses. 3.4 Protect single-family residential areas from encroachment by commercial uses. The Harveston Specific Plan proposes a service commercial area (adjacent to the existing business park) away from existing residential and the proposed residential planning areas. Landscape buffers will provide separation between the Service Commercial and residential uses. FEBRUARY 2001 5 ,:~o~s~oozarcoNstovec~voc LAND USE ELEMENT 3.5 3.6 3.7 Additionally, the Specific Plan area consists of distinct planning areas with specific development standards thai will prevent any encroachment by the commercial uses into residential areas. Obtain aviation easement as required by the Comprehensive Land Use Plan for the French Valley Airport to ensure that landowners acknowledge the impacts associated with aircraft. This policy is not applicable because the Harveston Specific Plan area is not within the Comprehensive Land Use Plan for the French Valley Airport, and therefore, no aviation easement is required for the project. Require proposed development to evaluate the incremental traffic impacts on local roads throughout the proposed project phasing in order to ensure that any adverse impacts to local roads in residential areas are avoided or adequately mitigated. A Traffic Analysis for this project was prepared by Wilbur Smith Associates (dated July 19, 2000) and reviewed and approved by the City's Traffic Engineer. According to the Analysis, impacts from the project at opening year (2002) and at project buildout (2005) result in a minimum Level of Service D at all critical intersections within the vicinity of the project provided that certain transportation improvements are made by the project. These improvements have been identified and included as mitigation measures within the project's Environmental Impact Report. The project has already paid approximately 2.5 million and 1.8 million into Assessment Districts 156 and 161 (respectively), which contributed to improvements on Ynez, Winchester and Margarita Roads. In addition, the project wdl pay its fair share of Development Impact Fees (DIF); implement all recommendations contained within the Traffic Analysis for traffic improventents; as well us support the City's efforts to design and secure jurisdictional approval for the construction of a new interchange at 1-15 at Cherry and/or Date Street. Require proposed development to evaluate the incremental traffic impacts on local roads throughout the proposed project phasing in order to ensure that any adverse impacts to local roads in residential areas are avoided or adequately mitigated. Please see consistency analysis for Policy 3.6, above. Goal 4: A development patterns that preserve and enhance the environmental resources of the Study Area. Discussion: The Harveston Specific Plan has taken into consideration the natural and man-made opportunities and constraints in determining its land use designations and their intensities. Except for the preservation and enhancement of the Arroyo Park in its natural state, there are no other natural features/hazards that would affect the land use designation within the project site. FEBRUARY 2001 6 LAND USE ELEMENT Poficies 4.1 Enforce hillside grading standards to naturalize the effects of grading, requixe the preservation of unique natural features and to encourage a bread range of hillside architectural and site planning solutions. The project site will be mass graded and will result in a balance of cut and fill materials on the site. The project will be graded in a manner which is similar to the other specific plans in the City of Temecula (Paloma del Sol, Margarita Village, Roripaugh Estates, Campos Verdes, Rancho Highlands) and surrounding Riverside County (Warm Springs, Vail Ranch, Red Hawk). The grading will result in modifications to the natural terrairr This type of grading is necessary to achieve the General Plan/Specific Plan land use designations for the site. Hillside grading standards are more appropriately applied in the areas designated L (.5-2 dwelling units per acre) , VL (.2-.4 dwelling units per acre) and HR (0-.1 dwelling units per acre) on the General Plan Land Use Map. 4.2 Consider the constraints of natural and man-made hazards in determining the location, type and intensities of new development. The Harveston Specific Plan takes into consideration the natural and man-made realities and constraints in determining its land use designations and their intensities. Except for preservation of the Arroyo Park in its natural state, there are no other natural features/hazards that would affect the land use designation within the project site. Man-made hazards such as existing and future roadways have been also considered Additionally, the proposed project incorporates contour grading techniques in grading the site in order to maintain the integrity of the natural setting. 4.3 Cooperate with other agencies to develop Multi-species Habitat Conservation Plans in western Riverside and northern San Diego Counties. This policy is not applicable, because it is a City directed policy, and it is the responsibility of the City of Temeculc~ 4.4 Work with the utility districts to develop a trail system and enhance the natural resources along the San Diego Aqueduct, creeks, and other utility easements where feasible. The proposed Specific Plan area is not in the vicinity of the above aqueduct, however, the Specific Plan provides a comprehensive trail system with connection point to the off-site trails along Santa Gertrudis Creek. The project also proposes enhancement and preservation of a 13.8-acre Arroyo Park consistent with U.S. Army Corps and Fish and Game guidelines. The Arroyo Park includes a nature trail system. 4.5 Work with the Riverside County Flood Control District and other responsible agencies on the design of the flood control project for Mardeta Creek, Temecula Creek, Pechanga Creek, and other waterways in the City. The Specific Plan preparation has included contact with the Riverside County Flood Control and other responsible agencies on the issue of waterways and flood control in the City of Temecula. FEBRUARY 2001 7 p:~Oa~N~2~eCONStSr~c~ooC LAND USE ELEMENT 4.6 4.7 Consider alternative flood control methods to reduce capital and maintenance costs and provide recreational and open space opportunities. Section 5.0, Infrastructure Plan, of the Specific Plan includes the proposed drainage plan, which incorporates existing drainage courses into recreational open space areas (£e., lO.5-acre Arroyo Park and 2.5-acre Paseo Park). Conserve the resources of Pechanga, Temecula and Murrieta Creeks through appropriate densities of development, setbacks, landscaping, and site design of surrounding projects. This policy is not applicable, because it is a City directed policy. The project is however consistent with the General Plan density designations for the property. Goal 5: A land use pattern and intensity of development that encourages alternative modes of transportation, including transit, bicycling, and walking. Discussion: The Harveston Specific Plan includes a transit plan, which provides for alternative mode of transportation. The transit plan has been developed with input provided from the Riverside Transit Authority (RTA) and incorporates the service needs of the RTA. The Village Center, High- density residential (13-20 dwelling units/acre) and the M2 (Medium-density residential 7-13 dwelling units/acre) are located at the "core' of the project to provide the critical density needed to support public transit. Bus turnouts and shelters are included, as required by the RTA and approved by the Department of Public Works. Additionally, the Harveston Specific Plan includes a comprehensive paseo and trail system providing the project's residents the opportunity'to walk, jog, or bike around the entire community. Bike trails and transit facilities will also be provided along the project roadways. The Specific Plan includes a Mixed Use Village Center, which consists of a mixture of compatible uses such as retail, restaurant, office, daycare, worship, and a private club facility and fimess center. The Mixed Use Village Center creates an environment where walking is encouraged. For ease of access this "core area" is connected to various residential areas within the development via walking and biking trails. Policies 5.1 Include in the Development Code and through other ordinances a package of incentives to encourage development to include: 2. 3. 4. 5. 6. 7. 8. Additional active parkland Development of parkland and ~ails Preservation of historic buildings or sites Additional open space Preservation and enhancement of natural habitat Additional public or community facilities Additional or improved public spaces or plazas for community use Additional amenities in multifamily developments FEBRUARY 2001 8 p:UOOO~N~Oz~pCONStrr~CrVOC LAND USE ELEMENT 10. 11. Transit facilities and/or additional tight-of-way along future transit corridors Housing that meets the needs of very low and low income households. Provision of cultural facilities. The Harveston Specific Plan has included many of these items. This is further discussed below. Additional Active Parkland. The project provides 57.4 acres of parkland/recreation facilities (including the Winchester Creek Park). This figure does not include the 15.9 acres within the LDZ's, which brings the total to 73.3 acres. Development of Parkland and Trails. The parkland acreage is discussed above. The Open Space and Recreation Plan (Figure 6.1 of the Specific Plan) and Bicycle Plan (Figure 4.8 of the Specific Plan) depict the open space/recreational opportunities within the Plan, as well as comprehensive walking and bicycle network within the project. A ten foot (10') wide trail easement along the western perimeter of the project. In addition to providing opportunities within the project, these networks also tie into the existing City wide bicycle plan. Further, it is anticipated that these systems will ultimately become a component of the City's Trails Master Plan (currently under development). · Preservation of Historic Buildings or Sites. There are no known historic buildings or sites at the project location. Additional Open Space. As discussed above, the project is providing 57.4 acres of recreation facilities. Based upon the requirements of the City of Temecula Community Services Department, 26. 75 acres or parkland is required. The project exceeds this amount by 30.65 acres. Preservation and Enhancement of Natural Habitat. As part of the Environmental Impact Report, a biological assessment was prepared for the project site. No sensitive or endangered species were identified on-site. The project will impact 2.86 acres of "waters of the United States." As mitigation for this impact, the creation of 8 acres of a riparian corridor must be created on-site. The Arroyo Park has been developed to serve as this mitigation and will encompass 13.8 acres. This is greater than what was required by the United States Army Corps of Engineers for mitigatiov~ In addition, should the Cherry Street interchange be approved for this project, this acreage may be subject to an increase. Additional Public or Community Facilities. Public and Community facilities are included within many of the recreation facilities within the project. It is anticipated that people residing within the project and those within the vicinity of the project will use those facilities. These include the elementary school, the Lake, Lake Park, Paseo Park, Village Green as well as the Community Park. In addition, private facilities will be provided to serve the Harveston residents. Additional or Improved Public Spaces or Plazas for Community Use. These have been listed above. In addition, public and quasi-public spaces will be provided within the Village Center. Also, mini-parks are included within most of the residential neighborhoods. FEBRUARY 2001 9 p:e~oz~vcoNs~sravczooc LAND USE ELEMENT 5.2 5.3 5.4 Additional Amenities in Multifamily Developments. It is anticipated that the multifamily component of the project will contain amenities, which are typically found within these types of development. The multi-family development is centrally located adjacent to the Village Center and within immediate proximity of the project's recreation facilities. Transit Facilities and/or nd~litional right-of-way Along Future Transit Corridors. The transit plan has been developed with input provided from the Riverside Transit Agency (RTA). Potential Transit Routes & Stops have been developed for current and.future transit needs, with input from RTA. · A transit station is planned within the Village Center and will be integrated into the design of the streetscape. The transit station will be installed when adjacent development occurs, in accordance with the requirements of the RTA. It is anticipated that the buses will initially make a small loop through the project, entering the site from Margarita Road, passing by the Elementary School, Lake and Lake Park, Village Green and Village Center and exiting the site via Margarita Road. Future transit stops will be provided within the project, along the Loop Road. Transit stops are also proposed on the perimeter of the project, along Date Street, Ynez Road and Margarita Road. In addition, transit stops will be provided in key locations within the Service Commercial portion of the project. All of the transit stops are anticipated to connect to the current and future major transit hubs within the area, including the Promenade Mall. Housing That Meets the Needs of Very Low and Low Income Households. The project includes a variety of housing types, which will provide a wide array of housing opportunities for both owners and renters. It is not anticipated that Harveston will provide housing that meets the needs of very Iow and low income households. Provision of Cultural Facilities. These are discussed above in the recreation facilities. Require the provision of pedestrian and bicycle linkages from residential areas to open space/recreation facilities, commercial and employment centers. The Harveston Specific Plan includes a comprehensive paseo and trail system providing the project's residents the opportunity to walk, jog, or bike around the entire community. Bike trails and transit facilities will also be provided along the project roadways. (See Figures 4.8, Bicycle Plan and 11.5, Mixed Use Vehicular Circulation and Parking). Encourage variety in the design of sidewalks and trails with respect to alignment and surface materials to provide a convenient and enjoyable experience for the users. The sidewalks and paseos included in the proposed plan incorporate unique design features, landscaping, and amenities offering users a variety of different recreational experiences. Many of the proposed paseos will meander through the adjacent landscape. Provide grade separated bike paths along major arterials where feasible. Ensure that non-grade separated bike paths are designated for safety. The proposed Specific Plan includes Class II bike lane along Margarita Road, consistent with the City of Temecula General Plan (see Figure 10.1-4, Margarita Road). FEBRUARY 2001 10 p:~ooo~oza~coNst~r~c~c LAND USE ELEMENT 5.5 5.6 5.7 5.8 5.9 5.10 Designate Mixed Use Village Centers on the Land Use Plan to provide areas within the community that are urban in character, contain a mixture of compatible uses, and are designed to reduce or eliminate the need for the automobile in traveling to or within Mixed Use Village Centers. The Specific Plan includes a Mixed Use Village Center, which consists of a mixture of compatible uses such as retail, restaurant, office, daycare, worship, and a private club facility and fitness center. The Mixed Use Village Center creates an environment where walking is encouraged. For ease of access this "core area" is connected to various residential areas within the development via walking and biking trails. Encourage higher density residential, mixed use development, and support'mg public and community facilities within Mixed Use Village Centers. The Mixed Use Village Center proposed within the proposed Harveston plan includes mixed use development, public and community facilities, and higher density residential uses. Establish design guidelines, development standards, and incentive programs for uses within Mixed Use Village Centers. The proposed plan establishes guidelines, development standards, and incentive programs for Mixed Use Village Center uses. (See Section 11.4.7, Mixed Use Overlay Zone). Develop a plan to link Mixed Use Village Centers by lxalls and potential transit systems including bus, shuttle and light rail. The Harveston Specific Plan includes extensive system of paseos and potential transit facilities that link the Mixed Use Village Center to the remainder of the community. (See Figure 11.15, Mixed Use Vehicular Circulation and Parking). Ensure that architecture, landscape design, and site planning within Mixed Use Village Centers emphasizes a pedestrian scale and safe and convenient access between uses. The Mixed Use Village Center is pedestrian oriented and facilitates access between uses within the Village. Walking and biking trails are provided to connect the Mixed Use Village Center to other areas within the Specific Plan. (See Figure 11.16, Mixed Use Village Center Pedestrian Circulation). Ensure that adequate public gathering areas or plazas are incorporated within Mixed Use Village Centers to allow for social interaction and community activities. The Mixed Use Village Center propased within the Harveston Specific Plan allows for gathering areas and plazas. Additionally, the Village Green creates a public gathering place, which will encourage social interaction and community activities, such as concerts or farmers markets. 5.11 Discourage the development of strip commercial centers that increase automobile dependency. FEBRUARY 2001 11 LAND USE ELEMENT The Harveston Specific Plan does not propose the development of strip commercial uses within the Specific Plan aret~ Its objective is to create a pedestrian friendly environment where the use of the car is not encouraged. Goal 6: A plan for Old Town Temecula that enhances economic viability, preserves historic structures, addresses parking and public improvement needs, and establishes design standards to enhance and maintain the character and economic viability of Old Town. This goal is not applicable because the Specific Plan is not located within the Old Town area of the City of Temecula. This goal is not applicable because it is a City directed goal. Goal 7: Orderly annexation and development of unincorporated area within Temecula's Sphere of Influence. This goal is not applicable because the Harveston Specific Plan is not located within the unincorporated areas of Temecula's Sphere of Influence. Goal 8: A City that is compatible and coordinated with regional land use patterns. Discussion: The Specific Plan land uses have been laid out consistent with the City of Temecula General Plan, which takes into account larger regional goals and policies. Additionally, the Specific Plan was coordinated with the U.S. Army Corps of Engineers and the State Department of Fish and Game, which take a more regional and comprehensive approach. Policies 8.1 Provide a pattern of land uses that maintain and enhance the viability of neighboring communities including the City of Murrieta, and the counties of Riverside and San Diego, through compatible uses and linkages. The compatibility between the Harveston project and the adjacent developments has been discussed in Policy 3.1. The architectural styles, design guidelines and development standards will create a development that will maintain and enhance the viability of neighboring communities including the City of Murrieta and the Counties of Riverside and San Diego. Compatible uses and linkages have been provided throughout the project. 8.2 Provide a system of open space that is coordinated with regional open space uses to comprehensively address the management and conservation of resources. The Arroyo Park open space proposed within the Harveston Specific Plan was coordinated with the United States Army Corps of Engineers and the California Department ofFish and Game as FEBRUARY 2001 12 LAND USE ELEMENT 8.3 8.4 a mitigation measure to address the management and conservation of resources. The Harveston Open Space and Recreation Plan (Figure 6.1) provides a system of open space that is coordinated with the City-wide and regional system. The project will tie into the Santa Gertrudis Trail System, as well as provide a 10' wide easement along the western project boundary for regional trial systems. Participate with the Airport Land use Commission in the planning process in the preparation of the Comprehensive Land use Plan for the French Valley Airport, to the extent feasible. The policy is not applicable because the Harveston Specific Plan is not within the Comprehensive Land Use Plan for the French Valley Airport. Continue to paxticipate with the Western Riverside Cotmcil of Governments in the preparation of plans and programs addressing regional issues, including the Growth Management Strategy, Comprehensive Transportation Plan, Water Resources S~'ategy, and School Facilities Plan. This Policy is the responsibility of the City of Temecula and not that of the Harveston project. The project will be reviewed for consistency with the City of Temecula Growth Management Program Action Plan. In addition, transportation items have been ,~trlressed above (see Policy 3.3). Water resources and project impacts have been discussed and mitigated as necessary in the project's Environmental Impact Report. An elementary school site is currently under construction on the project site and sufficient resources are available to accommodate the middle and high school students generated by the project. FEBRUARY 2001 13 ~:~ooo~v~o~a~coNsts~vc~voc CIRCULATION ELEMENT C/RCULATION ELEMENT Goal 1: Strive to maintain a Level of Service "D" or better at all intersections within the City during peak hours and Level of Service "C" or better during non-peak hours. Discussion: A Traffic Analysis for this project was prepared by Wilbur Smith Associates (dated July I9, 2000) and reviewed and approved by the City's Traffic Engineer. According to the Analysis, impacts from the project at opening year (2002) and at project buildout (2005) result in a minimum Level of Service D at all critical intersections within the vicinity of the project provided that certain transportation improvements are made by the project. Ten intersections have been identified as needing improvements (2005 with 2 of the 10 requiring improvements at year 2002). These improvements are located at the following intersections: · Winchester & Ynez Roads; · Winchester Road & 1-15; · Winchester Road & Jefferson Avenue; · Winchester & Margarita Road; · Overland Drive & Margarita Road; · Overland Drive & Ynez Road; · Overland Drive & Jefferson Avenue; · Murrieta Hot Springs & Margarita Roads; · Murrieta Hot Springs & Alta Murrieta Roads; · Murrieta Hot Springs & Jefferson Avenue. Overall project impacts (percentage) to these intersections have been identified in the EIR. Mitigation measures have been included within the project's Environmental Impact Report to ensure that this Goal is met. Policies 1.1 Establish street standards and all new roadway facilities shall be constructed or upgraded to meet City standards where feasible. The proposed Specific Plan includes a Circ{dation Plan and standards, which will dictate construction and upgrade of the roadway facdities consistent with City standards. All roadway and intersection designs will comply with City standards providing safe and efficient traffic patterns and circulation. 1.2 Require an evaluation of potential u'affic impacts associated with new development prior to project approval, and require adequate mitigation measures prior to, or concurrent with, project development. Please see consistency analysis for Goal I, above. 1.3 Use the Circulation Element Roadway Plan to guide detailed planning and implementation of the City's roadway system. FEBRUARY 2001 14 r:uooo~m~oz~coNstrr~c~voc CIRCULATION ELEMENT 1.4 1.5 The Circulation Plan within the Harveston Specific Plan has been produced based on the City's Circulation standards. Pursue trip reduction and transportation systems management measures to reduce and limit congestion at intersections and along streets within the City. Please see consistency analysis for Goal 1, above. Trip reduction measures include: · Transit provisions · Location of housing near employment areas · An extensive bicycle path network · An extensive walking/pedestrian network. Transportation System Management measures include (General Plan): · Adding turn lanes or restricting turning movements during peak traffic periods at congested intersections · Widening of intersection approaches to accommodate additional through movement lanes or to improve visibility · Installation of bus turnout bays · Pavement marking modifications/improvements · Completion of "missing links" in the roadway network Update every three years, or as needed, "build-out" traffic forecasts to monitor the impact of development approvals and the adequacy of the Circulation Element Roadway Plan. The policy is not applicable because it is a City directed policy. Goal 2: Enhance traffic safety on City streets. Discussion: The Circulation Plan within the Harveston Specific Plan minimizes traffic conflicts and promotes safe traffic circulation within the Specific Plan area. A Loop Road is included within the circulation plan for ease of access to different residential planning areas, reducing undesirable through traffic within the residential areas. The Circulation Plan encourages safety for all pedestrian traffic by separating vehicular and pedestrian traffic, especially in commercial and high-density areas. As such, the plan includes a safe and efficient paseo, urban trail and sidewalk network, providing pedestrian and bicycle circulation in conjunction with the roadway network. Policies 2.1 The City shall enforce speed restrictions throughout the City. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 15 CIRCULATION ELEMENT 2.2 2.3 2.4 2.5 Require that future roads and improvements to existing roads be designed to minimize traffic conflicts such as those which result from curb parking maneuvers and uncontrolled access along heav