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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JANUARY 14, 2003 -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 11:00 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.
5:30 P.M. - Closed Session of the City Council and Redevelopment Agency pursuant
to Government Code Sections:
Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.8 regarding real property acquisitions, property located at
APN 921-020-039, generally located on Diaz Road at the intersection of Rancho
California Road at Vincent Moraga Drive. Under negotiation is the price and
terms of the real property interests. The negotiating parties are the City of
Temecula and Wilma M. Massie, property owner. The City negotiators are
Shawn Nelson and Bill Hughes.
Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.8 regarding real property acquisitions, property located at
APN 921-040-028, generally located on Diaz Road at the intersection of Rancho
California Road at Vincent Moraga Drive. Under negotiation is the price and
terms of the real property interests. The negotiating parties are the City of
Temecula and Jerry R. Morter and Linda C. Morter, property owners. The City
negotiators are Shawn Nelson and Bill Hughes.
Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(a) with respect to three matters of existing litigation
involving the City. The following case will be discussed: 1) City of Temecula
v. County of Riverside (Tucalotta Hills); 2) City of Temecula v. County of
Riverside (Domenigoni-Barton); and 3) City of Temecula v. Corona Family
Trust.
Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(b)(1) with respect to three matters of potential litigation.
With respect to such matter, 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 ~he 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.
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Next in Order:
Ordinance: No. 2003-01
Resolution: No. 2003-01
CALL TO ORDER:
Prelude Music:
Invocation
Flag Salute:
ROLL CALL:
Mayor Jeff Stone
Margaret Bird
Councilman Comerchero
Comerchero, Naggar, Pratt, Roberts, Stone
PRESENTATIONS/PROCLAMATIONS
Presentation of Gavel by out.qoinq Mayor Roberts to incomin.q Mayor Stone
Dr. John Husinq Presentation
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 no__t 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.
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2
6
Minutes
RECOMMENDATION:
2.1 Approve the minutes of October 22, 2002;
2.2 Approve the minutes of October 29, 2002 (RCIP Workshop);
2.3 Approve the minutes of October 29, 2002 (Joint City Council/Planning Commission);
2.4 Approve the minutes of November 12, 2002.
Resolution Approvin.q List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
City Treasurer's Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of November 30, 2002.
YMCA Ground Lease Aqreement
RECOMMENDATION:
5.1 Approve, in its substantial form, the Ground Lease Agreement between the City of
Temecula and the YMCA of Riverside City and County, Inc.
Community Development Block Grant Application Proposals for FY 2003/04
RECOMMENDATION:
6.1 Approve the Community Development Grant (CDBG) funding recommendation from
the Finance Committee and staff;
6.2 Authorize the Director of Finance to execute Sub-recipient Agreements and to
reprogram CDBG funds in accordance with the current budget resolution for general
administration of the Fiscal Year 2003/04 Community Block Grant Funds.
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7
Award of Contract for P.C. Workstations
RECOMMENDATION:
7.1 Award a contract for Pentium based computer workstations to Tech 101- Arcus,
Inc., of Irvine, California, in the amount of $92.000.70.
8
9
Records Destruction Approval
RECOMMENDATION:
8.1 Approve the scheduled destruction of certain City records in accordance with the
City of Temecula approved Records Retention Policy.
French Valley Parkway/I-15 Overcrossinq and Interchange Improvements- Project
Report Preparation - Proiect No. PW02-11 - and French Valley Parkway Interim
Southbound Off-Ramp to Jefferson Avenue - Phase I Consultant A,qreement
RECOMMENDATION:
9.1
Approve an agreement with Moffatt & Nichol Engineers in an amount not to exceed
$1,091,693.00 to provide the necessary design services needed to prepare a
Project Report (PR) and Environmental Documents (ED) for the French Valley
Parkway/I-15 Overcrossing and Interchange Improvements - Project No. PW02-11
- and Plans, Specifications and Estimate (PS&E) for the French Valley Parkway
Interim Southbound Off-Ramp to Jefferson Avenue - Phase I - and authorize the
Mayor to execute the agreement;
9.2
Authorize the City Manager to ap,')rove change orders not to exceed the
contingency amount of a $109,169.30 which is equal to 10% of the agreement
amount.
10
Completion and Acceptance of Citvwide A.C. Repair Program for FY02-03 - Proiect No.
PW02-04
RECOMMENDATION:
10.1 Accept the Citywide A.C. Repair Program for FY02-03 - Project No. PW02-04 - as
complete;
10.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract;
10.3 Release the Materials and Labor Bond seven months after filing the Notice of
Completion if no liens have been filed.
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11 Naminq a Desi,qnated Recipient (DR) of Federal Urbanized Area (UZA) Formula Funds -
Federal Transit Administration's (FTA) Section 5307 Pro,qram
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RECOMMENDING THAT THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) BE
IDENTIFIED AS THE DESIGNATED RECIPIENT (DR) OF
FEDERAL URBANIZED AREA (UZA) FORMULA FUNDS FOR
THE TEMECULA-MURRIETA URBANIZED AREA
12
Crowne Hill Park Joint Use A,qreement
RECOMMENDATION:
12.1 Approve the Crowne Hill Park Joint Use Agreement between the City of Temecula
(City) and the Temecula Valley Unified School District (TVUSD).
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
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TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALLTO ORDER: President Jeff Comerchero
ROLL CALL: DIRECTORS:
PUBLIC COMMENTS
Next in Order:
Ordinance: No. CSD 2003-01
Resolution: No. CSD 2003-01
Naggar, Pratt, Roberts, Stone, Comerchero
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 no.~t 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.
PRESENTATIONS/PROCLAMATIONS
Presentation of Gavel by outgoing President Stone to incominq President Comerchero
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of December 17, 2002.
2 Ratification of Election Results - Tract No. 23209
RECOMMENDATION:
2.1 Adopt a resolution entitled:
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RESOLUTION NO. CSD 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF TEMECULA COMMUNITY SERVICES DISTRICT,
RECITING THE FACT OF THE SPECIAL TEMECULA
COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT
ELECTION HELD ON JANUARY 6, 2003, DECLARING THE
RESULTS AND OTHER MATFERS AS PROVIDED BY LAW
3 Loma Linda - Tract Map Nos. 19872-1, -2, -3, -4, -5, and Final - Service Level C Rates
and Charqes
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
ACKNOWLEDGING THE FILING OF A REPORT WITH
RESPECT TO SERVICE LEVEL C RATES AND CHARGES FOR
THE LOMALINDA TRACT BEGINNING FISCAL YEAR 2003-
2004 AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING IN CONNECTION THEREWITH
DISTRICT BUSINESS
4 Wolf Creek Sports Complex Master Plan
RECQMMENDATION:
4.1 Approve, in its substantial form, the conceptual master plan for the 43-acre
Sports Complex in the Wolf Creek Development;
4.2 Award a contract of $621,500 to RJM Design Group for the preparation of
construction documents plus a 10% contingency of $62,150 for the project;
5.3 Authorize release of a formal public bid for the Sports Complex project.
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, January 28, 2003, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
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TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 2003-01
Resolution: No. RDA 2003-01
CALL TO ORDER: Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS:
Comerchero, Naggar, Pratt, Stone, Roberts
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. if you decide to speak to the
Board of Directors on an item no~t 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.
PRESENTATIONS/PROCLAMATIONS
Presentation of Gavel by out.qoin.q Chairperson Comerchero to incominq Chairperson Roberts
CONSENT CALENDAR
Minutes
RECOMMENDATION:
1.1 Approve the minutes of December 17, 2002.
RECONVENE THE CITY COUNCIL MEETING
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JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
Any person may submit written comments to the City Council/Redevelopment
Agency before a public hearing or may appear and be heard in support of or in
opposition to the approval of the project(s) at the time of hearing. If you challenge
any of the projects in courts, 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.
2 Corporation for Better Housin,q Senior Housin.q Project
RECOMMENDATION:
2.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND 28500 PUJOL STREET, A CALIFORNIA LIMITED
PARTNERSHIP
2.2 That the Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND
28500 PUJOL STREET, A CALIFORNIA LIMITED
PARTNERSHIP
2.3 That the Temecula Redevelopment Agency appropriate $200,000 from Senior
Housing Affordable Housing Fund.
RECESS THE CITY COUNCIL MEETING
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, January 28, 2003, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
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RECONVENE THE CITY COUNCIL MEETING
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)
3at 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.
13 Introduction of the Western Riverside County Transportation Uniform Mitiqation Fee
Proqram Ordinance
RECOMMENDATION:
13.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING PARTICIPATION IN THE
WESTERN RIVERSIDE COUNTY TRANSPORTATION
UNIFORM MITIGATION FEE PROGRAM AND ADDING
CHAPTER 15.08 TO THE TEMECULA MUNICIPAL CODE
14 Eli Lilly & Company General Plan Amendment (PA01-0418); Specific Plan Amendment
(PA02-0510); and Zone Chanqe (PA02-0509)
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 01-
0418, A GENERAL PLAN AMENDMENT ON THREE PARCELS
ON THE SOUTH SIDE OF OVERLAND DRIVE BETWEEN
MARGARITA AND YNEZ ROAD, AND GENERALLY KNOWN
AS LOTS 1, 2, AND 3 OF PARCEL MAP NO. 30107 AND A
SPECIFIC PLAN AMENDMENT ON LOT I OF PARCEL MAP
NO. 30107
14.2 Introduce and read by title only an ordinance entitled:
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ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC
PLAN (SP-7) TO REMOVE ONE PARCEL (LOT I OF PARCEL
MAP NO. 30107) FROM THE REGIONAL CENTER SPECIFIC
PLAN (SP-7), GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF OVERLAND DRIVE AND YNEZ ROAD
(PLANNING APPLICATION NO. 02-0510)
14.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP TO
CHANGE LOT I OF PARCEL MAP NO. 30107 FROM SP-7 TO
COMMUNITY COMMERCIAL, AND LOTS 2 AND 3 OF PARCEL
MAP NO. 30107 FROM BUSINESS PARK TO COMMUNITY
COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF OVERLAND DRIVE AND YNEZ ROAD
(PLANNING APPLICATION NO. 02-0509)
15 Valley Christian Fellowship General Plan Amendment and Zone Chanqe (PA02-0260)
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO DENY THE GENERAL PLAN LAND USE
AMENDMENT FOR A SITE LOCATED AT THE SOUTHWEST
CORNER OF DE PORTOLA AND MARGARITA ROADS
(ASSESSOR'S PARCEL NO. 959-150-050)
16 Corporation of Better Housinq Senior Housinq Proiect - Tax Exempt Fiscal Responsibility
Act (TEFRA) Public Hearinq Notice
RECOMMENDATION:
16.1 Continue the public hearing to the City Council meeting of January 28, 2003.
COUNCIL BUSINESS
17 Selection of City Council Committee Assiqnments
RECOMMENDATION:
17.1 Appoint a member of the City Council to serve as liaison to each of the City
Commissions and Committees and to the Pechanga Tribal Council:
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17.2
17.3
17.4
Commission Liaison (One Member)
Community Services Commission
Old Town Local Review Board
Old Town Redevelopment Advisory Committee
Planning Commission
Public/Traffic Safety Commission
Pechanga Tribal Council Liaison
Appoint two members of the City Council to serve on each of the following Advisory
Committees:
Advisory Committees (Two Members)
Community Service Funding Ad Hoc Committee
Economic Development/Old Town Steering Committee
Finance Committee
Joint City Council/TVUSD Committee
Library Task Fome
Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory
Committee
Public Works/Facilities Committee
Appoint member(s) of the City Council to serve on each of the following external
committees:
Representative Assignments (External Organizations)
City of Murrieta Liaison
County General Plan Update Committee - RCIP (attend meetings)
French Valley Airport Committee
League of Calif. Congress - 2003 Voting Delegates
Multi-Species Habitat Conservation Plan Committee (attend meetings)
Murrieta Creek Advisory Board
National League of Cities Annual Congress - 2003 Voting Delegate
Riverside County Habitat Conservation Agency
Riverside County Transportation Commission
Riverside Transit Agency Representative
Temecula Sister City Corporation Board of Directors
Trails Master Plan Development Committee
WRCOG Representative
Appoint member(s) of the City Council to serve on each of the following Council
Subcommittees:
Council Subcommittees
Animal Shelter Subcommittee
Chitdren's Museum Ad Hoc Subcommittee
Electrical Needs Ad Hoc Subcommittee
Homeless Programs & Services Subcommittee
Rancho Community Church Subcommittee
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18
Roripaugh Ranch Annexation Ad Hoc Subcommittee
SAF-T NET Subcommittee
Sports Park Ad Hoc Subcommittee
Temecula/Murrieta Subcommittee
Wall of Honor Ad Hoc Subcommittee
Water Park Subcommittee
Villages of Old Town Ad Hoc Committee
Consideration of adoption of Resolution of Necessity for the Acquisition in Eminent
Domain of property for street improvements and for temporary construction easements in
connection with the Diaz Road Realiqnment Project - Project No. PW95-27 (APN 921-
020-039) - Massie Property
RECOMMENDATION:
18.1
Open and conduct a hearing on the adoption of the proposed Resolution of
Necessity, receive from staff the evidence stated and referred to in this Report, take
testimony from any person wishing to be heard on issues A, B, C and D below, and
consider all the evidence to determine whether to adopt the proposed Resolution,
which requires a unanimous or 4/5ths vote;
18.2
If the City Council finds, based upon the evidence contained in and referred to in
this Report, the testimony and comments received in this hearing, that the evidence
warrants the necessary findings with respect to the proposed Resolution of
Necessity, then the staff recommends that the City Council, in the exercise of its
discretion, adopt proposed Resolution No. 2003- (which requires a 4/5ths vote of
the entire Council) and authorize that an eminent domain proceeding be filed to
acquire Certain Property Interests ("Subject Property Interest") in the real property
consisting of a fee simple as well as a temporary construction easement interest in a
portion of the real property commonly known as Assessor's Parcel No. 921-020-039
and more fully described in the attached Exhibits. Specifically, the legal description
of the acquisition of the fee simple interest sought to be acquired on portions of the
real property identified as Assessor's Parcel Number 921-020-039 is attached as
Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description
of the acquisition of the temporary construction easement interest is attached as
Exhibit "A-I" and depicted on maps attached as Exhibits "B-I", "C-1" and "C-2";
18.3 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ
ROAD REALIGNMENT PROJECT
18.4 As a resolution, if approved, approve a warrant payable to the Clerk of the Court,
Riverside County in the amount of $5,397.00 for deposit in court to obtain an order
of possession of the Wilma M. Massie property interests;
18.5 Authorize the City Manager to execute all necessary documents.
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19
Consideration of adoption of Resolution of Necessity for the Acquisition in Eminent
Domain of property for street improvements and for temporary construction easements in
connection with the Diaz Road Realignment Proiect - Proiect No. PW95-27 (APN 921-
040-028) - Morter Property
RECOMMENDATION:
19.1
Open and conduct a hearing on the adoption of the proposed Resolution of
Necessity, receive from staff the evidence stated and referred to in this Report, take
testimony from any person wishing to be heard on issues A, B, C and D below, and
consider all the evidence to determine whether to adopt the proposed Resolution,
which requires a unanimous or 4/5ths vote;
19.2
If the City Council finds, based upon the evidence contained in and referred to in
this Report, the testimony and comments received in this hearing, that the evidence
warrants the necessary findings with respect to the proposed Resolution of
Necessity, then the staff recommends that the City Council, in the exercise of its
discretion, adopt proposed Resolution No. 2003- (which requires a 4/5ths vote of
the entire Council) and authorize that an eminent domain proceeding be filed to
acquire Certain Property Interests ("Subject Property Interest") in the real property
consisting of a fee simple as well as a temporary construction easement interest in a
portion of the real property commonly known as Assessor's Parcel No. 921-040-028
and more fully described in the attached Exhibits. Specifically, the legal description
of the acquisition of the fee simple interest sought to be acquired on portions of the
real property identified as Assessor's Parcel Number 921-040-028 is attached as
Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description
of the acquisition of the temporary construction easement interest is attached as
Exhibit "A-I" and depicted on map attached as Exhibits "B-I" and "C";
19.3 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ
ROAD REALIGNMENT PROJECT
19.4 As a resolution, if approved, approve a warrant payable to the Clerk of the Court,
Riverside County in the amount of $129,190.00 for deposit in court to obtain an
order of possession of the Jerry R. Morter and Linda C. Morter property interests;
19.5 Authorize the City Manager to execute all necessary documents
CITY MANAGER'S REPORT
CITY ATrORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, January 28, 2003, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
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PROCLAMATIONS
AND
PRESENTATIONS
ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
OCTOBER 22, 2002
After the Closed Session that convened at 6:15 P.M., the City Council convened in Open
Session at 7:00 P.M., on Tuesday, October 22, 2002, in the City Council Chambers of
Temecula City Hail, 43200 Business Park Drive, Temecula, California.
Present:
Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts
Absent: Councilmember: None
PRELUDE MUSIC
The prelude music was provided by Amanda Madrid.
INVOCATION
The invocation was given by Pastor Gary Nelson of Calvary Church.
ALLEGIANCE
The flag ceremony was presented by Cub Scout Pack No. 337.
PRESENTATIONS/PROCLAMATIONS
Certificate of Achievement to Hillcrest Academy
Advising that the Academy will be celebrating its 25~h Anniversary, Saturday, October 26, 2002,
at the campus, 1:00 P.M. -4:00 P.M., Principal Maureen Manion invited the Council and public
to attend the celebration and thanked the City Council for its special recognition.
At this time, Hillcrest third graders and their teacher, Mrs. Tansley, performed for the City
Council.
Presentation of $51000 to the Fire Department for the purchase of a trailer
Ms. Susan Norton and Ms. Sandy Carlisle of Guidant Corporation presented a $5,000 check to
Fire Safety Specialist Horton and City Fire Chief Windsor, who, in turn, extended their
appreciation to Guidant Corporation and advised that the funds would be used for the purchase
of a Fire Prevention trailer for the enhancement of community information/education programs.
PUBLIC COMMENTS
A. Mr. Pat Vesey, 28192 Tierra Vista, representing the Drifters' Car Club, Veterans of
Foreign Wars, and P&R Productions, presented to the City Council a commemorative poster of
the Temecula Fall Rod Run Event and thanked the City for its support and advised that the
event raised over $19,000 for the Veterans of Foreign Wars.
B. Mr. Otto Baron, 28681 Pujol Street, referenced a citation which had been issued with
regard to his property and continued to explain to the City Council how his property rights have
been violated.
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1
C. Advising that she owns a shop in Old Town, Ms. Lorena Spencer, 43104 Agena Street,
expressed concern with the competition that the Farmers' Market has created for the Old Town
merchants, noting that Farmers' Market vendors are not required to pay taxes. Ms. Spencer, as
well, expressed concern with the lack of a sidewalk for those businesses located on Fifth Street.
Mayor Roberts advised that Councilman Naggar, at a previous meeting, had requested
that staff address the concern with regard to the Farmers' Market and noted that staff will
contact her with regard to the sidewalk issue.
D. Mr. Steve Chavez, 39810 Golden Rod Road, requested that Agenda Item No. 13 (All-
Way Stop Sign Installation [located at North General Kearny Road and Golden Rod Road]) be
continued.
CITY COUNCIL REPORTS
A. Councilman Naggar commented on the upcoming discussion of the Master Plan for the
Wolf Creek Sports Complex and advised that the Murrieta Creek Flood Control has requested to
make a presentation with regard to Creek area improvements including trails and recreation.
B. Having, in the past, spoken in opposition to City policies and having questioned staff's
judgment with regard to traffic and public transportation, Councilman Pratt clarified that his
questioning of staffs judgment and his speaking in opposition to staffs opinion by no means
would infer that staff would not be capable but merely that staffs opinion differs from his
opinion.
C. Commenting on this City's zero graffiti tolerance, Mayor Pro Tern Stone apprised the
Council that it has been brought to his attention that there may be a resurgence of graffiti and,
therefore, he requested that the City's existing graffiti ordinance be readdressed in order toe
educate the businesses of this community.
D. Advising that he attended a UCLA symposium entitled Tackling Traffic Congestion,
Mayor Roberts commented on the varies opinions and that he will share the information with his
fellow colleagues.
CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motionto waivethe mading ofthete~ ofallo~inances andresolutionsincludedinthe
agenda.
2
Minutes
RECOMMENDATION:
2.1 Approve the minutes of September 17, 2002.
(Councilman Naggar abstained with regard to this item.)
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2
3 Resolution Approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 02-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Community Service Funding Program
RECOMMENDATION:
4,1 Review and approve the 2002-03 Community Service Funding Program grants as
per the committee's recommendation of 42 organizations totaling $113,900.
(Pulled for separate discussion; see page 4; Mayor Roberts abstained with regard
to the Habitat for Humanity funding.)
5 Support of the Riverside County Board of Supervisors Rescission of Specific Plan No, 172
RECOMMENDATION:
5,1 Adopt a resolution entitled:
RESOLUTION NO. 02-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE COUNTY'S PROPOSAL TO
RESCIND SPECIFIC PLAN NO. 172 {WALKER BASIN) AND
DECREASE THE RESIDENTIAL DENSITY FROM FOUR (4)
DWELLING UNITS PER ACRE TO ONE DWELLING UNIT PER
FIVE (5) ACRES
6 Crowne Hill Parks Fee and Dedication Aqreement
RECOMMENDATION:
6.1 Approve the Parks Fee and Dedication Agreement between the City of Temecula
and Greystone Homes, Inc. (Tract Nos. 23143 and 26941);
6.2 Approve the First Amendment to Parkland/Landscape Improvement Agreement
Tract No. 23143 Park Site A;
6.3 Approve the First Amendment to Parkland/Landscape Improvement Agreement
Tract 23143 Park Site F.
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7
Purchase of Police Motorcycles
RECOMMENDATION:
7.1 Approve the purchase of two 2003 Police Road King motorcycles from Quaid Harley
Davidson for a total amount of $38,740.30
8 Second Readinq of Ordinance No. 02-05
RECOMMENDATION:
8.1 Adopt an ordinance entitled:
ORDINANCE NO. 02-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION PA00-
0"139, A CHANGE OF ZONE FROM PROFESSIONAL OFFICE
(PO) AND MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED
DEVELOPMENT OVERLAY (PDO), AND ADOPTING THE
STANDARDS AND REGULATIONS CONTAINED IN THE
ACCOMPANYING PDO DOCUMENT, GENERALLY LOCATED
SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC
ROAD AND EAST OF THE MORAGA ROAD INTERSECTION
OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS
PARCEL NO(S). 944-290-012, 013,014
MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 3 and 5 - 8
(Item No. 4 was pulled for separate discussion; see page below). The motion was
seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of
Councilman Comerchero who was absent, Councilman Naggar who abstained, with regard to
Item No. 2, and Mayor Roberts who abstained with regard to Habitat Humanity Funding with
regard to Item No. 4.
CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION
4 Community Service Fundinq Pro,qram
RECOMMENDATION:
4.1
Review and approve the 2002-03 Community Service Funding Program grants
as per the committee's recommendation of 42 organizations totaling $113,900.
Serving as a Board of Director, Mayor Roberts advised that he would be abstaining with regard
to the Habitat for Humanity funding ($5,000).
MOTION: Councilman Naggar moved to approve staff recommendation with regard to funding
for Habitat for Humanity. The motion was seconded by Councilman Pratt and voice vote
reflected approval with the exception of Mayor Roberts who abstained and Councilman
Comerchero who was absent.
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4
MOTION: Councilman Naggar moved to approve staff recommendation with the exclusion of
Habitat for Humanity. The motion was seconded by Mayor Pro Tern Stone and voice vote
reflected approval with the exception of Councilman Comerchero who was absent.
Highlighting the function of this program, Mayor Pro Tern Stone commented on the
subcommittee's recommendation to allocate $114,000, advising that additional monies were
available for emergency requests; thanked Subcommittee member Naggar for his time; and
thanked the City Council for its support of the subcommittee's recommendation.
At 7:46 P M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. After a short recess, the City Council Meeting resumed at 8:05
P.M.
PUBLIC HEARING
9 Adoption of California Buildin.q Codes
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 02-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SETTING FORTH THE LOCAL CONDITIONS
UPON WHICH A DETERMINATION HAS BEEN MADE BY THE
CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.04
OF THE TEMECULA MUNICIPAL CODE, AMENDING THE 200t
EDITION OF THE CALIFORNIA BUILDING CODE, THE 200t
EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2001
EDITION OF THE CALIFORNIA MECHANICAL CODE AND THE
2001 EDITION OF THE CALIFORNIA PLUMBING CODES; THE
1999 EDITION OF THE UNIFORM ADMINISTRATIVE CODE;
THE 2000 EDITION OF THE INTERNATIONAL CODE FOR
ABATEMENT OF DANGEROUS BUILDINGS; THE 200t
EDITION OF THE CALIFORNIA HOUSING CODE; AND THE
2000 EDITION OF THE UNIFORM SWIMMING POOL, SPA,
AND HOT TUB CODE ARE REASONABLE AND NECESSARY
TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE
9.2 Adopt an ordinance entitled:
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5
ORDINANCE NO. 02-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 15.04 OF THE TEMECULA
MUNICIPAL CODE TO ADOPT BY REFERENCE THE
FOLLOWING CODES WITH CERTAIN AMENDMENTS
THERETO: THE 2001 EDITION OF THE CALIFORNIA
BUILDING CODE; THE 200t EDITION OF THE CALIFORNIA
MECHANICAL CODE; THE 200'1 EDITION OF THE
CALIFORNIA PLUMBING CODE; THE 2001 EDITION OF THE
CALIFORNIA ELECTRICAL CODE; THE 1999 EDITION OF THE
UNIFORM ADMINISTRATIVE CODE; THE 2000 EDITION OF
THE INTERNATIONAL CODE FOR ABATEMENT OF
DANGEROUS BUILDINGS; THE 2001 EDITION OF THE
CALIFORNIA HOUSING CODE; AND THE 2000 EDITION OF
THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
ARE REASONABLE AND NECESSARY TO PROTECT THE
PUBLIC HEALTH, SAFETY AND WELFARE
9.3 Adopt an urgency ordinance entitled:
URGENCY ORDINANCE NO. 02-08
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AMENDING CHAPTER t5.04 OF THE
TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE
THE FOLLOWING CODES WITH CERTAIN AMENDMENTS
THERETO: THE 2001 EDITION OF THE CALIFORNIA
BUILDING CODE; THE 2001 EDITION OF THE CALIFORNIA
MECHANICAL CODE; THE 200t EDITION OF THE
CALIFORNIA PLUMBING CODE; THE 200'1 EDITION OF THE
CALIFORNIA ELECTRICAL CODE; THE 1999 EDITION OF THE
UNIFORM ADMINISTRATIVE CODE; THE 2000 EDITION OF
THE INTERNATIONAL CODE FOR ABATEMENT OF
DANGEROUS BUILDINGS; THE 2001 EDITION OF THE
CALIFORNIA HOUSING CODE; AND THE 2000 EDITION OF
THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
ARE RESPONSIBLE AND NECESSARY TO PROTECT THE
PUBLIC HEALTH, SAFETY AND WELFARE
Deputy Building Official Harold reviewed the proposed recommendation.
At this time, Mayor Roberts opened the public hearing. There being no public input, the public
hearing was closed.
MOTION: Councilman Naggar moved to approve staff recommendation 9.1 and 9.2. The
motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the
exception of Councilman Comerchero who was absent.
City Attorney Thorson read the Urgency Ordinance by title and advised that its adoption would
require a four-fifths vote.
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MOTION: Councilman Naggar moved to approve staff recommendation 9.3. The motion was
seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of
Councilman Comerchero who was absent.
10 Adoption of California Fire Codes
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO, 02-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SETTING FORTH THE LOCAL CONDITIONS
UPON WHICH A DETERMINATION HAS BEEN MADE BY THE
CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.16
OF THE TEMECULA MUNICIPAL CODE, AMENDING THE
CALIFORNIA FIRE CODE, CCR TITLE 24 PART 9, 2001
EDITION, ARE REASONABLE AND NECESSARY TO
PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE
10.2 Adopt an ordinance entitled:
ORDINANCE NO. 02-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING CHAPTER t5.16 OF
THE TEMECULA MUNICIPAL CODE BY ADOPTING BY
REFERENCE THE CALIFORNIA FIRE CODE VOLUME 1, CCR
TITLE 24 PART 9, 2001 EDITION AND THE UNIFORM FIRE
CODE STANDARDS VOLUME 2, 2000 EDITION
10.3 Adopt an urgency ordinance entitled:
URGENCY ORDINANCE NO. 02-09
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER
t5.16 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING
BY REFERENCE THE CALIFORNIA FIRE CODE VOLUME 1,
CCR TITLE 24 PART 9, 2001 EDITION AND THE UNIFORM
FIRE CODE STANDARDS VOLUME 2, 2000 EDITION
Fire Marshall McBride reviewed the staff report (as per agenda material).
At this time, Mayor Roberts opened the public hearing. There being no public input, the public
hearing was closed.
MOTION: Councilman Naggar moved to approve staff recommendation 10.1 and 10.2. The
motion was seconded by Mayor Pre Tern Stone and voice vote reflected approval with the.
exception of Councilman Comerchero who was absent,
City Attorney Thorson read the Urgency Ordinance by title and advised that its adoption would
require a four-fifths vote.
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7
MOTION: Councilman Naggar moved to approve staff recommendation 10.3. The motion was
seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of
Councilman Comemhero who was absent.
11 Development Aqreement with Advanced Cardiovascular Systems (ACS), Inc. a subsidiary of
the Guidant Corporation (Planning Application No. 02-0217)
RECOMMENDATION:
11.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 02-t0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR AND APPROVING THE DEVELOPMENT
AGREEMENT WITH ADVANCED CARDIOVASCULAR
SYSTEMS, INC., A SUBSIDIARY OF GUIDANT CORPORATION
(PLANNING APPLICATION NO. 02-0217)
Although Mayor Roberts owns limited stock in Guidant Corporation, City Attorney Thorson
advised that, under the requirements of the Political Reform Act, Mayor Roberts may participate
in the discussion and may vote with regard to this matter.
Assistant City Manager O'Grady reviewed the staff report (of record), highlighting the proposed
corporate expansion as well as the proposed Development Agreements. Commenting on the
efforts undertaken by many in order to accomplish this task, Mr. O'Grady recognized the efforts
of the Public Works Department, Fire Department, Building and Safety Department, Planning
Department, Mayor Roberts, Councilman Comerchero, the Redevelopment Agency/Economic
Development Subcommittee members, and as well commended the Guidant Corporation
development team on its cooperation.
As well commending all those involved in the process, Mayor Roberts commented on the
amount of time expended to accomplish this task.
At this time, Mayor Roberts opened the public hearing.
Mr. David Reynolds, representing Guidant Corporation - Director of Facilities and Site Services,
thanked those individuals involved from the City as well as his internal team for efforts
associated with this project and introduced Mr. Paul Dana.
Mr. Paul Dana, architect representing Guidant Corporation, provided an overview of the project,
noting/commenting on the following:
Site location
Project goals
o Building efficiency/flexibility
o Site plan flexibility/phasing
o Pedestrian-scaled campus
o Good neighbor
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8
Components of the Concept Plan
o Buildings
· Five locations
· Visually interesting
o Parking
· Accommodate 2,400 cars - 5 cars per 1,000 square feet of building which
exceeds the City's requirement for parking
· Ingress/egress-four points
o Landscape
· Parking areas
· Entry court
· Perimeter
· To ensure integration with City's guidelines
Pedestrian bridge · To create a sense of one campus
· Safe egress
· Clearance of 18'1/2"
· To mitigate potential traffic impact
· Private bridge
· ADA requirements
Councilman Pratt relayed his support of the pedestrian bridge. For Mr. Pratt, Principal Planner
Hogan advised that the graded property to the north of the subject site will not be a part of this
project, noting that the graded property to the north will probably be considered in the upcoming
General Plan Amendment as commercial land use.
For Councilman Naggar, Public Works Director Hughes noted the following:
· That the Solana Way access point will not be signalized
· That Solana Way will have a median requirement, limiting left-turn movements
· That the Development Agreement will require some improvements at the Margarita
Road/Solana Way intersection to ensure capacity will be maintained
· That traffic circulation for the site of discussion has been carefully reviewed
· That the signal at Margarita Road north of Solana Way will have dual left-turn
movements
· That there will be double left-turn movements from southbound to eastbound Solana
Way to assist with capacity at that intersection
· That there will be multiple site access points but that the primary access point will be oft
Ynez Road
· That a deceleration lane could be added along Margarita Road.
Assistant City Manager O'Grady advised that the Development Agreement does included a
requirement to widen Solana Way.
To ensure a safe environment, Mayor Roberts suggested the construction of a bus turnout lane
at Solana Way (westbound of Margarita Road).
Mr. Ken Carlisle, representing Guidant Corporation, thanked the City for its team effort as it
relates to this project.
Mayor Pro Tem Stone relayed his appreciation for having Guidant Corporation located in the
City.
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9
At this time, Mayor Roberts closed the public hearing.
Commending Guidant Corporation on its good neighbor attitude, Councilman Naggar spoke in
support of the expansion, commenting on the additional local jobs that will be created as a result
of this expansion and, thereby, further eliminating individuals from traveling on roads and
freeways.
City Attorney Thorson introduced and read by title only Ordinance No. 02-10.
MOTION: Councilman Naggar moved to approved the staff recommendation. The motion was
seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of
Councilman Comerchero who was absent.
City Manager Nelson commended Assistant City Manager O'Grady on his efforts associated
with this project.
COUNCIL BUSINESS
12 Pedestrian Bridge over Winchester Road at Nicholas Road
RECOMMENDATION:
12.1 Approve the recommendations of the Public Traffic Safety Commission to accept
the no-build alternative and direct the Public Works Department to pursue
intersection enhancements as recommended.
Public Works Director Hughes reviewed the staff report (of written material), advising that
because the existing signalized intersection adequately functions, Caltrans will not formally
support the construction of such a pedestrian bridge; that Caltrans would require the City to
impose a method to guarantee usage of such a pedestrian bridge; that ADA requirements would
be imposed; that the bridge would have to be 700' to 750' away from the intersection to
eliminate potential visibility impacts of the signal heads; and that an undercrossing of
Winchester Road to the north of this location is currently available (approximately 1,400' from
the school??). Further reviewing the background with regard to this location, Mr. Hughes noted
that the intersection of discussion was investigates three years ago in order to determine its
operation and advised that the investigation concluded that an issue which needed to be
addressed was the conflict with pedestrian on Winchester Road and, thereby recommending a
right-turn movement from Nicolas Road to Winchester Road; that staff worked with the School
District and Caltrans and that a driveway directly onto Winchester Road on the west side of the
student lot was constructed and, thereby, eliminating that conflict; and that although to no avail,
staff has been working with Caltrans in an effort to install solar-panel flashing lights at school
bell times. Mr. Hughes further highlighted alternate intersection enhancements (approved by
Caltrans), noting the following:
· Replacing the traditional signals - no walk/walk signs - with countdown pedestrian
signals and to include an education program with the school
· High visibility school zone signs/striping
Physical barriers near the AM/PM Store and Chaparral High School - raised concrete
bollards on the corners at the intersection to encourage students stand away from the
street curb
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· Message boards on timers at both ends of Winchester Road.
As a result of the possible development of Roripaugh Ranch, Public Works Director Hughes
noted that capacity improvements to Winchester Road and Nicolas Road and the construction
of a single left-turn lane from Nicolas Road onto Winchester Road may be forthcoming.
Mrs. Suzanne Cacaninion, 40312 Villa Vaneticia, the mother of Dylan Cacaninion who was
killed 17 months ago on Winchester Road, near Chaparral High School, stated that the alternate
intersection enhancements would not have prevented the death of her child or protect the future
of other children and that she will continue to address this issue.
In response to Mrs. Cacaninion, Councilman Naggar stated that the City Council initiated the
discussions with Caltrans for the construction of a pedestrian bridge; that ADA requirements
would result in constructing a bridge too far away from the location of need; that, therefore, the
use of a bridge could not be guaranteed without the removal of the existing pedestrian
crosswalk and pedestrian signal phase which, in turn, could create a dangerous situation. Mr.
Naggar promised Mrs. Cacaninion that he would further explore the ADA requirements to
determine whether these requirements could possibly be waived and, thereby, constructing a
bridge which would be closer to the site of discussion. In the meantime, Mr. Naggar requested
that the following be enforced:
· 25 m.p.h, schoolzone speed
· message boards installed
· bollards/countdown pedestrian signals installed
· read improvements associated with Roripaugh Ranch
· use of crossing guards
Councilman Pratt noted that the only solution to address the concern would be a pedestrian
bridge or a tunnel.
Stating that the City cannot be responsible for the personal responsibility of all individuals
driving through the City, Mayor Pre Tern Stone commented on the various City-enacted
programs in an effort to hold individuals accountable and to keep the community safe.
Recognizing how tragic it must be to loose a child, Mr. Stone noted that all circumstances must
be taken into account which tragically took Dylan's life. In light of the existing undercrossing,
Mr. Stone commented on the need to construct sidewalks to get to the undercrossing and
requested that staff initiate efforts necessary to ensure adequate ingress/egress to the
undercressing.
Although devices such as countdown pedestrian signal device and bollards are effective, Mayor
Roberts noted that the City cannot force individuals to use those measures; relayed his support
of Councilman Naggar's above-mentioned recommendations and, as well, suggested the
enforcement of the school zone speed limit by radar.
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11
MOTION: Councilman Naggar moved to approve the Public Traffic Safety Commission's
recommendation with the addition that funding for sidewalk improvements/signage to the
existing undercrossing be allocated; that speed control be enforced by radar; that a future
School Board Subcommittee meeting be scheduled in order to address the use of crossing
guards at the high school as well as the implementation of a public education program with
regard to the use of the countdown signals; and that, as per Mayor Pro Tern Stone, the existing
undercrossing be named Dylan's Undercrossing. The motion was seconded by Mayor Pro Tem
Stone and voice vote reflected approval with the exception of Councilman Comerchero who
was absent and Councilman Pratt who abstained.
Councilman Pratt reiterated his desire for the construction of a pedestrian bridge or a tunnel.
13 Ali-Way Stop Si,qn Installation (located at North General Kearny Road and Golden Rod
Road)
RECOMMENDATION:
13.1 Reject the Public Traffic Safety Commission's recommendation to establish an all-
way stop at the intersection of North General Kearny Road and Golden Rod.
MOTION: Mayor Pro Tem Stone moved to continue this item to the City Council meeting of
November 12, 2002. The motion was seconded by Councilman Naggar and voice vote
reflected approval with the exception of Councilman Comerchero who was absent.
14 Resolution establishin,q a Municipal Utility
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING THE CREATION
AND OPERATION OF A MUNICIPALLY OWNED UTILITY FOR
THE PURPOSE OF PROVIDING VARIOUS UTILITY SERVICES
AND AUTHORIZING THE TAKING OF CERTAIN OTHER
ACTION IN CONNECTION THEREWITH
Assistant City Manager O'Grady presented an overview of the recommendation (as per agenda
material), advising, for Mayor Pro Tern Stone, that because the Legislature is not in session, the
formation of the shell could be delayed.
Mayor Roberts advised that at the upcoming U.S, Conference of Mayors the matter of
discussion will be addressed.
Viewing the ability to provide electricity at competitive/reduced rates as not only an important
feature to attract businesses to the City but also as an essential feature to retain businesses,
Councilman Naggar noted that the proposed recommendation would only commit the City
Council, in the sense, that it would put in place the mechanism to implement, if so desired, such
action in the future. Mr. Naggar, as well, relayed the subcommittee's (comprised of
Councilmembers Comerohero and Naggar) desire to disseminate the information to the
Mayor/Council so that the review process of the City Council may begin.
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12
Councilman Pratt relayed his opposition to proceeding with this process.
Appreciating the efforts of the subcommittee, Mayor Pro Tem Stone relayed his opposition, at
this time, to proceeding with this process, noting that the City currently receives approximately
$1 million of revenue from the Franchise Agreement with Southern California Edison and stating
that the responsibility of generation and transmission of electricity should not be a City
responsibility.
In response to Mayor Roberts, City Attorney Thorson advised that the matter may be continued
off calendar and brought back and readdressed after the Mayor's Conference.
MOTION: Councilman Naggar moved to continue this matter off calendar pending a City
Council Workshop as well as the Mayor's Conference. The motion was seconded by Mayor Pro
Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero
who was absent and Councilman Pratt who abstained.
15 Award of Contract for Open Space Survey of Voters
RECOMMENDATION:
15.1 Approve a contract in the amount of $16,625 to Godbe Research & Analysis to
perform an Open Space Survey of Voters;
15.2 Appropriate $16,625 from the General Fund Open Space Reserves to fund this
contract.
Assistant City Manager O'Grady reviewed the staff report (as per agenda material), advising
that the matter may be placed on the election date of June 3, 2003 as well as a subsequent
election.
Although not pertaining to this matter, Mr. Greg Morrison, 31045 Oak Hill Drive, Member of the
Chamber Board, relayed his support of the Guidant Corporation expansion. As Chairman ofthe
Citizens Advisory Committee for General Plan Review, Mr. Morrison commended the City
Council on its community outreach program prior to approving such a precedent-setting
program, noting that the use of public tax dollars to purchase open space would be a major City
commitment and, therefore, the citizens' opinions with regard to this matter should be
determined. If the survey were to indicate that a majority of the citizens would support such a
program, Mr. Morrison suggested the following:
· Checks and balances
Not beneficial to the City/residents if such a program were to put too much of a
demand on City reserves at the detriment of other vital/important City-funded
programs
· Collaboration
o Riverside County
· Partnership
o Federal/State/independent agencies/organizations to identify additional funding
resources.
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13
As a subcommittee member, Mayor Pro Tem Stone concurred with Mr. Morrison in that the
creation of such a program should not negatively impact the City's General Fund at the expense
of public safety for conservation of land and stated that the proposed survey is to receive
guidance from the residents with regard to taxation and definition of open space.
In order for this matter to not be clouded by the political arena, Councilman Naggar relayed his
preference for the June 3, 2003, election date and reiterated his support of this action.
Supporting the June 3, 2003, election date, Councilman Pratt commented on the need to
allocate sufficient funds for public advertising.
MOTION: Councilman Naggar moved to approve the recommendation. The motion was
seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of
Councilman Comerchero who was absent,
16 Combined Traffic and Public Transportation Mitigation Program Report
(as requested by Councilman Pratt)
RECOMMENDATION:
16.1 Receive and file.
Although not viewing the imposition of a building moratorium as a solution, Councilman Pratt
noted that a moratorium would delay construction and, thereby, allow time to formulate
acceptable solutions. Mr. Pratt proposed the hiring of a Transportation Department Director;
requested that funding of this position be placed on the Council's next agenda; and advised that
this individual would be responsible for traffic mitigation and alternate choice of public
transportation projects and Capital Improvement/Circulation Projects.
MOTION: Mayor Pro Tem Stone moved to receive and file the item. The motion was seconded
by Councilman Naggar and voice vote reflected approval with the exception of Councilman
Comerchero who was absent and Councilman Pratt who abstained.
Councilman Pratt reiterated his desire that the matter of hiring and funding this position be
agendized for the next City Council meeting.
Councilman Naggar requested that Councilman Pratt provide more detailed information.
Mayor Roberts expressed concern with Councilman Pratt opposing the Measure A extension,
commenting on the financial impacts the denial of this Measure would have on the City.
DEPARTMENTAL REPORTS
Noadditionalcomments,
CITY MANAGER'S REPORT
City Manager Nelson noted that the appropriate time to discuss Councilman Pratt's matter
would be during the Annual Operating/Capital Improvement Program Budget processes. In
closing, Mr. Nelson briefly commented on the Open Space Survey as well as the updating of the
development impact fees.
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14
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson noted that there were no reportable
actions.
ADJOURNMENT
At 10:01 P.M., the City Council meeting was formally adjourned to Tuesday, October 29, 2002,
at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California,
for the purpose of a City Council Workshop regarding the RCIP and a joint City
Council/Planning Commission Workshop.
A'FFEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
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15
MINUTES OF AN ADJOURNED WORKSHOP MEETING
OF THE TEMECULA CITY COUNCIL
OCTOBER 29, 2002
The City Council convened in an adjourned workshop meeting at 6:07 P.M., on Tuesday,
October 29, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park
Drive, Temecula, California.
Present: Councilmembers:
Absent: Councilmember:
Comerchero, Naggar, Pratt, Stone*, and Roberts
None.
* - Mayor Pro Tem Stone arrived at 6:12 P.M.
FLAG SALUTE
The Pledge of Allegiance to the Flag was led by Councilman Naggar.
PUBLIC COMMENTS
There were no public comments.
CITY COUNCIL REPORTS
There were no City Council reports.
COUNCIL BUSINESS
1 Tenth Workshop for the Riverside County Integrated Plan (RCIP)
RECOMMENDATION:
1.1 Provide direction to staff regarding the proposed comments.
City Manager Nelson presented a brief overview of the upcoming agenda items, referencing the
City's letter to the County Planning Department (dated October 30, 2002) with regard to City
comments on the Riverside County Comprehensive General Plan Amendment (CGPA) and the
Southwest Area Plan (SWAP). After City Council review of the letter, Mr. Nelson advised that it
would be staffs intent to submit it to the County Planning Department.
Commenting on efforts undertaken with regard to the Community Environmental Transportation
Acceptability Process (CETAP), Public Works Director Hughes noted the following:
· Goal to establish corridors which will conserve futura Riverside County needs
· Alternative 7B (Winchester to Temecula Corridor) would be the City's preferred route
· Alternatives 5A and 5B - City continues to oppose these routes
· County continuing with regional planning efforts which include the Multi-Species Habitat
Conservation Plan (MSHCP), CETAP, and land use.
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In the letter that will be forwarded to the County Planning Department, Mayor Roberts prefaced
that it be stated that Anza Road be designated as a four-lane arterial.
Public Works Director Hughes advised that the County will be funding the expansion of
Winchester Road from a two-lane to a four-lane road through allocated Newport Road funding;
that back-up funding for Newport Road has been assembled; and that additional funding for
expanding Winchester Road from a four-lane road to a six-lane road has not been secured. Mr.
Hughes noted that the Newport Road connection will be an important connection to the City
because of the traffic it will detract from Winchester Road.
Expressing concern with the City's future intent to purchase open space, Councilman Naggar
requested that a map be forwarded to the City Council depicting the County's intent with regard
to land use changes in the Southwest Area Plan (SWAP).
2. Western Riverside County Transportation Uniform Mitigation Fee (TUMF)
RECOMMENDATION:
2.1 Receive and file.
By way of overheads, Mr. Rick Bishop, Executive Director for Western Riverside County Council
of Government (WRCOG), provided an update on the TUMF Program and apprised the City
Council of action taken by the WRCOG Board on September 30, 2002, noting/commenting on
the following:
· TUMF development process/timeline
· Identified system/associated costs/possible funding
· County growth
· Nexus study - determine to what extent new development will be responsible for
needed improvements to the regional system of highways and arterials
· Exemptions
o Churches are not exempt
· Transportation Strategic Plan
o Transit allocation- 3.8%
o Regional Network-96.2%
· 50% for backbone
· 50% return to Zone - development activity will be tracked to ensure
monies generated by the zones will be properly returned.
· No retroactive process on development for TUMF
City Manager Nelson referenced the County's five-year capital improvement program to ensure
the allocation of appropriate share of improvements.
Mayor Pre Tern Stone commented on the request which was made several years ago to impose
an interim TUMF Program. In response to Mr. Stone, it was noted that the County TUMF
Program should be adopted by February 2003. Mr. Stone suggested the adoption of an
Urgency Ordinance in order for the City to eliminate the continual loss of transit fees.
Mayor Roberts expressed concern with the nominal allocation of 3.8% toward transit to which
Mr. Bishop advised that 3.8% would be the maximum legal amount which may be set aside
based on the nexus study.
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Within the TUMF Administration Agreement, Mayor Roberts requested that the voting
mechanism for WRCOG remain the same (one vote) versus a Division of the House.
In response to Councilman Naggar, Mr. Bishop advised that for those cities choosing to not
participate in the TUMF Program, the ability to vote a WRCOG will be rescinded and if any of
those cities were to choose, at a later date, to participate in the program, retroactive fees would
be associated with such action.
In closing, City Manager Nelson advised that the matter would be addressed by the City Council
at its November 26, 2002, meeting and restated that the Council's direction to the Board of
Supervisors which included that churches with no schools be exempt from the program and that
the voting mechanism for WRCOG remain the same (one vote).
CITY MANAGER'S REPORT
No comments.
CITY ATTORNEY'S REPORT
Assistant City Attorney Curley advised that there were no items to report.
ADJOURNMENT
At 7:14 P.M., the City Council meeting was formally adjourned to Tuesday, October 29, 2002, at
7:15 P.M., in the City Council Chambers, of City Hall, 43200 Business Park Drive, Temecula,
California, for the purpose of a Joint City Council/Planning Commission Workshop.
Ron Roberts, Mayor
AI-I'EST:
Susan W. Jones, CMC
City Clerk
[SEAL]
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MINUTES OF AN ADJOURNED REGULAR
JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP
OCTOBER 29, 2002
CALL TO ORDER
The City Council and Planning Commission convened in an adjourned regular joint workshop at
7:30 P.M., on Tuesday, October 29, 2002, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula, California.
ROLL CALL
Present: Councilmembers:
Planning Commissioners:
Comerchero, Naggar, Pratt, Stone, and
Roberts
Guerriero, Mathewson, Olhasso, Telesio,
and Chiniaeff
Absent: None.
PUBLIC COMMENTS
No comments.
CITY COUNCIL/PLANNING COMMISSION REPORTS
No comments.
CITY COUNCIL/COMMISSION BUSINESS
1 General Plan Land Use Discussion
RECOMMENDATION:
1.1 Review the Land Use planning issues and provide direction.
Principal Planner Hogan introduced Mr. John Bridges, consultant from Cotton/
Bridges/Associates, who would present the General Plan Land Use Update.
The consultant provided a PowerPoint presentation reqardinq the update of the General Plan
Via a PowerPoint presentation, Mr. Bridges noted the designated Land Use Categories in
the updated proposed General Plan, as follows:
· Provided a detailed overview of the draft update to the Land Use component of the
General Plan (as per supplemental agenda material entitled Temecula General Plan
Update), highlighting development density, and the land use categories, noting that both
the rural, and vineyard/agriculture categories had been added during the update process.
· For Chairman Chiniaeff, relayed that neither the existing General Plan nor the updated
General Plan denoted Floor Area Ratio (FAR) for single-family attached housing
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Continuing the PowerPoint presentation (as per supplemental agenda material), Mr. Jeff
Goldman, consultant from Cotton/Bridges/Associates, relayed the following regarding
Land Use elements in the updated General Plan:
Highlighted the proposed Land Use Policy Map, the three types of land use focus areas,
i.e., mixed use overlay areas (additionally referencing the document entitled Land Use
Policy Working Paper), the rural preservation areas, and the future growth area; and
Requested input from the City Council and Planning Commission regarding whether
proposed designated rural areas should be categorized as such, advising that this
component was added due to input from the community and the Citizens Advisory
Committee (CAC).
The consultants and staff addressed the queries of the City Council and the Planning
Commission regarding Land Use, as follows:
For Councilman Naggar, Mr. Goldman provided additional information regarding the
denoted density ranges (per the table on page 5 of the document entitled Land Use Policy
Working Paper) for the Mixed Land Use Overlay designations, relaying that these were
feasible density ranges for the mixed-use housing development desired.
In response to Chairman Chiniaeff, Mr. Goldman noted that efforts were still in process
regarding the Circulation Element portion of the plan, confirming that the designated
densities would provide direct input into the Circulation Element.
For informational purposes, Mr. Bridges clarified that most of the area within the presented
Mixed Use Overlay Area locations were currently developed which would generally
preclude new development unless there was a strong incentive for developing mixed use;
relayed that with the proposed density designations, it was anticipated that no more than
forty percent (40%) of these mixed use overlay areas would have residential development
at a future point.
Commenting on the Mixed Use Overlay areas, Mayor Pro Tem Stone opined that
at the Palm Plaza location (at Winchester/Ynez Roads) future residential
development did not appear to be appropriate, whereas in the Target Shopping
Center (at Rancho California/Ynez Roads) consideration of this component
appeared to be beneficial, providing an economic stimulus.
For Councilman Comerchero, Mr. Goldman relayed that in the development of the density
ranges for the Mixed Use Overlay areas, discussions with the CAC and the need to satisfy
State regulations (in terms of the housing element) were taken into consideration,
confirming that every location would most likely not be developed at the higher density
range.
With respect to the Mixed Use Overlay area located south of Old Town, Deputy City
Manager Thornhill relayed, for Councilman Comerchero, that the previously considered
Specific Plan for this area was dormant at this time.
In response to Mayor Pro Tem Stone's and Councilman Comerchero's comments, Mr.
Goldman provided additional information regarding the Mixed Use Overlay Area located at
Winchester/Ynez Roads, noting that the center's proximity to the Guidant use aided in
providing attractive opportunities for mixed use; advised that with the development of
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mixes uses, typically public transit increased, advising that in the Circulation Element
portion of the plan, non-automobile traffic options would be incorporated; and expanded on
the relationship between higher densities and public transit.
Deputy City Manager Thornhill clarified that the Mixed Use Oveday Areas were not
expected to be developed for 10-15 years, advising that this concept was fairly well
established at this time in urban areas; and noted that the overlays provided opportunities
for the future in the City of Temecula.
In response to Mayor Roberts' queries, Principal Planner Hogan relayed that the Mixed
Use Overlay boundaries designated on the map were not final, confirming that the
boundary areas south of Old Town would most likely be revised, in particular the hillside
area not being included in the mixed use overlay boundary, confirming that this was the
appropriate time for input regarding the land use components of the plan.
Commenting on "Sprawl" (i.e., the recent use of the term in a newspaper article),
WRCOG, and State requirements as these items relate to density, Councilman
Naggar noted that while he coutd support the proposed higher densities at the
Jefferson Avenue location, he was reluctant to support establishing these four
Mixed Use Overlay Areas with the. proposed densities in the General Plan due to
the appearance of granted entitlement, recommending that the sites be
considered on a case-by-case basis, further commenting on the impacts of
developing mixed uses at the four designated overlay areas.
In response to Commissioner Guerriero's queries, Deputy City Manager Thornhill provided
additional information regarding the relationship between performance standards, (i.e.,
height, bulk, FAR), and the Mixed Use Overlay Areas.
Acknowledging the concern expressed regarding provision of needed infrastructure in
place prior to the development of the higher densities, Deputy City Manager Thornhili
reiterated that it was not probable that 30 units per gross acre along the entire Mixed Use
Overlay Areas would be developed; and recommended that there be consideration to
assign a maximum number of units to particular planning areas in additional to requiring
performance or environmental standards if this was the desire of the City Council and the
Planning Commission.
Further commenting, Mr. Bridges relayed that when traffic impacts for the updated General
Plan were analyzed, data would reveal areas where there would be additional capacity
which would allow for additional residential development, advising that the additional
permitted development would be limited to the capacity of the roadway system; concurred
that there should be a designated maximum number of units permitted; and additionally
noted that language could be added to the plan stating that the Mixed Use Overlay
Development could only be approved by the City wherein certain performance standards
were met, which would maintain the authority to determine whether the mixed use was
appropriate on a case-by-case basis.
Assistant City Attorney Curley provided additional information regarding performance
criteria being applied per State Law, which provided flexibility to the landowners as well as
control to the City.
Mr. Bridges relayed that language could be added to the plan stating that the Mixed Use
Overlay Areas would require a greater scrutiny of review for approval due to the nature of
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this type of development. Principal Planner Hogan noted that the designated Mixed Use
Overlay Areas would be for the purpose of demonstrating the potential for mixed-use
development, clarifying that the overlays would not provide a right to develop mixed use,
but that this type of development could be approved if certain criteria were met.
Responding to Councilman Naggar's queries, Deputy City Manager Thornhill specified that
including the Mixed Use Overlay in the General Plan would benefit the City due to the
following: the Mixed Use Development would introduce needed vitality into various
shopping centers, would promote future mass transit, would change traffic trip distribution,
and would aid the City in meeting State regulations regarding the Housing Element;
advised that there were safeguards which could be put in place to preserve the City's
authority regarding these areas if it was the City Council's and the Planning Commission's
desire to include these overlay concepts in the General Plan.
With respect to Palm Plaza being designated as a Mixed Use Overlay area,
Commissioner Olhasso relayed that while she would be reluctant to place
residential units in this area it was her recommendation that staff explore the
feasibility of a hotel use at this location; with respect to the Mixed Use Overlay
Area designated at Rancho California/Ynez Roads, noted her support of a mixed
use development at this location, specifically recommending that development of
subsidized senior housing be investigated.
Concurring that of the four designated Mixed Use Overlay Areas, the Target and
Tower Center could accommodate such, Commissioner Telesio relayed that the
overlays for the alternate centers may be premature; concurring with Councilman
Naggar's statement that there was a mechanism in place for reviewing and
approving a mixed use overlay currently, queried the purpose of placing the
overlays in the General Plan due to the potential for confusion regarding
entitlements and property rights.
Further commenting on the development of mixed use, Chairman Chiniaeff
recommended consideration of this type of development at the property located
at Overland Drive/Ynez Road; noted that it was his opinion that the Mixed Use
Overlay area designated on Jefferson Avenue was too elongated of a site with
too much property involved which could create a hodge-podge of development,
unless it was aggregated by the Redevelopment Agency; concurred that Tower
Plaza was more suited for mixed use development, recommending that since
Tower Plaza was within the Redevelopment Agency that aggregation be
explored as well as provision of incentives to create a mixed use development;
cited alternate areas which would be appropriate for mixed use development;
and concluded that with respect to the four recommended sites for mixed use
development, and that Area Nos. 1 and 2 be removed, recommending that there
be a focus on one or two locations in order to evaluate the success prior to
consideration of other areas, and that that an additional site be added (the
property across from Guidant at Overland Drive/Ynez Road).
o Councilman Pratt concurred with Commissioner Olhasso's recommendation to
investigate the deveIopment of senior housing at the Palm Plaza.
For Councilman Pratt, Deputy City Manager Thornhill clarified the relationship between the
Housing Element and the State requirements, noting the importance of the City providing
opportunities for specific types of development. Mr. Bridges advised that with respect to
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the regulations, it was vital that an adequate amount of land be made available for high
density development; and for Councilman Pratt, noted that it was anticipated that various
areas would be redeveloped to provide for affordable housing.
At this time Mayor Roberts invited the public to speak
Ms. Suzanne Zychowicz, 40242 Holden Circle, requested that the negative traffic impacts in the
northern portion of the City be addressed, specifically that the opening of the closed streets in
the Meadowview area be explored due to the likely significant improvement inn circulation;
recommended that there be funding provided to analyze the circulation in the Meadowview area
at this time; and requested that if the Meadowview area would continue to be closed for another
13 years, that she be notified.
Continuing the PowerPoint presentation (as per supplemental agenda material), Mr.
Goldman provided additional information regarding the updated General Plan as it
related to the designated Rural Preservation Areas, as follows:
· Specified the four locations designated for Rural Preservation.
Requested input from the Planning Commission and the City Council regarding the
designated planned land uses as it related to rural preservation;
Noted that the purpose of these designations was to reinforce that this rural development
was what all entities desired for these areas.
The consultants and staff addressed the queries of the City Council and the Planning
Commission regarding the designated Rural Preservation Areas, as follows:
For Mayor Roberts, Principal Planner Hogan provided the rationale for designating the
area within the wine country as a rural preservation area although portions of this property
were outside the City boundaries, noting the importance of documenting the City's vision
for this property, and in clarifying that the City has not addressed any unplanned growth,
Deputy City Manager Thornhill advising that the City planning document (e.g., the General
Plan) would reflect what the County has planned at this time, noting the importance of
memorializing this plan. Principal Planner Hogan relayed that the language used to
describe this area i.e., wine country, could be revised to reflect a broader phrase clarifying
the inclusion of the equestrian properties.
For Chairman Chiniaeff, Deputy City Manager Thornhill relayed that staff would send a
letter to the Temecula Band of Luiseno Mission Indians in order to encourage their
involvement in the Rural Preservation Designation No. 4 at Rainbow Canyon Road and
Golden Oak Ranch.
Chairman Chiniaeff concurred with the designated Rural Preservation areas,
recommending that although development should be discouraged in these areas,
circulation improvement projects should not be restricted due to the overall
benefit to the City.
For clarification, City Manager Nelson relayed that there was no recommendation to
expand the City of Temecula's sphere of influence in this area.
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It was the general consensus of the City Council and the Planning Commission to concur with
the designated rural preservation areas.
Continuing the PowerPoint presentation, Mr. Goldman relayed the designated Future
Growth Areas in the proposed updated General Plan, as follows:
· Noted that the proposed land use plan depicts the desires of the City of Temecula.
Specified the location of the Future Growth Area (i.e., the French Valley), which was east
of Winchester road, south of Keller Road, west of Washington Street, and north of the City
boundaries.
· Relayed the proposed land use designations for the growth area.
Councilman Naggar opined that there should be additional commercial
designated areas; and recommended further exploring adjacent land use
compatibility, particularly between the Industrial and the Low Medium
Residential.
Concluding the PowerPoint presentation, Mr. Goldman provided statistical data charts
denoting population and housing unit estimates and forecasts comparing that which was
currently in existence, that which the Southern California Association of Governments
(SCAG) had forecasted, that which was reflective of the existing General Plan, and that
which reflected the proposed updated General Plan (which would be decreased if several
of the proposed Mixed Use Overlay Areas were removed).
The consultants and staff addressed the queries of the City Council and the Planning
Commission regarding the updated General Plan, as follows:
For Mayor Roberts, Mr. Goldman relayed that the updating of the Circulation Element was
still in process.
In response to Councilman Naggar, Deputy City Manager Thornhill and City Manager
Nelson confirmed that the General Plan Circulation Study would include the Meadowview
area.
For informational purposes, Commissioner Olhasso relayed that SCAG
population estimates have been consistently Iow for the Inland Empire,
recommending that for more accurate information Dr. Husing's data be utilized.
Mr. Goldman thanked the City Council and the Planning Commission for their helpful comments
regarding the updated General Plan.
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ADJOURNMENT
At 9:18 P.M., Mayor Roberts formally adjourned the Joint City Council/Planning Commission
Workshop to the next City Council regular meeting on November 12, 2002, 7:00 P.M., City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Minutes\102902
7
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
NOVEMBER 12, 2002
After the Closed Session that convened at 6:00 P.M., the City Council convened in Open
Session at 7:00 P.M., on Tuesday, November 12, 2002, in the City Council Chambers of
Temecula City Hall, 43200 Business Park Drive, Temecula, California.
Present:
Absent:
PRELUDE MUSIC
Councilmembers: Comerchero, Naggar, Pratt, Roberts
Councilmember: Stone
The prelude music was provided by Andrea Grangruth.
INVOCATION
The invocation was given by Pastor Randy Ponder of Lamb's Fellowship.
ALLEGIANCE
The flag ceremony was presented by Councilman Naggar.
PRESENTATIONS/PROCLAMATIONS
Certificate of Achievement to Larry Sepulvea,~, Jr. for attaininq Eagle Scout rank
With appreciation, Larry Sepulveda, Jr. accepted the Certificate and briefly commented on his
Eagle Scout project.
In light of the number of Eagle Scout the City has produced, Mayor Roberts commended the
Scout Masters for their efforts.
National Hospice Month Proclamation
Extending their appreciation for the proclamation, Ms. Peggy Hopkins and Ms. Roxanne Sender
were in attendance to accept the proclamation.
Candleliqht Tribute Proclamation
Thanking the City for this special recognition, Ms. Linda Mejia, Ms. Karen Harkey, and Ms. Janie
Hogan were in attendance to accept the proclamation.
PUBLIC COMMENTS
A. Mr. William Harker 31130 - 85 General Kearny Road, representing the Temecula Valley
Historical Society, relayed the Society's dedication to ensuring that there will be a yesterday to
be remembered tomorrow and, as well, thanked the City Council for its continued support.
B. Mr. Billy Banks, 43359 Chico Court, representing the Temecula Chamber of Commerce,
apprised the City Council and the public of the Chamber's Shop Temecula First Campaign and
commented on the derived benefits to the entire community by shopping in Temecula.
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C. Requesting the City Council's assistance with regard to Code requirements as it relates
to signage, Ms. Lorne Spencer (Old Town merchant), 43104 Agena Street, as well, commented
on the lack of sidewalks on Fifth Street.
CITY COUNCILREPORTS
A. Councilman Comemhero thanked and commended the voters of Riverside County for
passing Measure A with a 69.2% of the vote, noting that its passage was vital to the future of
this County.
B. Echoing Councilman Comerchero's comment with regard to Measure A, Mayor Roberts
commented on future bonding efforts in 2003 and the prioritization of projects.
C. Addressing the increasing number of fatal automobile accidents, Councilman Pratt
commented on the billions of dollars allocated toward the Homeland Security Program while this
terror within is being ignored; therefore, Mr. Pratt advised of his efforts to complete a Security
First Ballot initiative Real Time Homeland Securityfor the November 2003 Election, proposing a
Department of Transportation Homeland Security with a goal to move the maximum number of
citizens within a minimum number of cars within City limits. In an effort to accomplish his goal,
Mr. Pratt suggested that a 35 m.p.h, speed limit be imposed throughout the City.
D. In light of Veterans' Day, Councilman Naggar honored those past and present Veterans
for their service.
CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motionto waivethereading ofthete~ofallordinancesandresolutionsincludedinthe
agenda.
2
Minutes
RECOMMENDATION:
2.1 Approve the minutes of September 24, 2002.
(Both Mayor Roberts and Councilman Naggar abstained with regard to this item.)
3
Resolution Approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
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RESOLUTION NO. 02-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of September 30, 2002.
5 Northeast Fire Station Construction Cost Aqreement between the City of Temecula and the
County of Riverside
RECOMMENDATION:
5.1 Approve the agreement between the City of Temecuia and the County of Riverside
for cooperatively sharing the construction cost for the Northeast Fire Station.
6 Acceptance of Grant Deed - Crowne Hill Park
RECOMMENDATION:
6.1 Authorize acceptance of the Grant Deed for Crowne Hill Park (located in the Crowne
Hill development) and direct staff to proceed with the necessary actions to cause the
deed to be recorded,
7 Cell Phone Contract
RECOMMENDATION:
7.1 Approve a two-year agreement with Sprint for City Cellutar Services.
8 Acceptance of a Drainaqe Easement located within Parcel No. 4 of Parcel Map No. 13889
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 02-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR A
DRAINAGE EASEMENT WITHIN PARCEL NO. 4 OF PARCEL
MAP NO. 13889
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9
Bicycle Transportation Account (BTA) Grant Application for FY 2003/04
RECOMMENDATION:
9.1 Receive and file the report regarding the Bicycle Transportation Account (BTA)
Grant Application for the development of the Santa Gertrudis Bicycle/Trail
Undercrossing at Margarita Road and authorize the Director of Public Works to
forward said application the California Department of Transportation (Caltrans)
Local Assistance Office;
9.2 Adopt a resolution entitled:
RESOLUTION NO, 02-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE APPLICATION TO THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR BICYCLE TRANSPORTATION ACCOUNT
FUNDS FOR THE DEVELOPMENT OF THE SANTA
GERTRUDIS BICYCLE/TRAIL UNDERCROSSlNG AT
MARGARITA ROAD
10 Diaz Road Realiqnment Proiect- Approval of Project and Negative Declaration (EA-68)
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO, 02-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A NEGATIVE DECLARATION AND
APPROVING THE DIAZ ROAD REALIGNMENT PROJECT -
PROJECT NO. PW95-27
11 French Valley Parkway Overcrossin,q and Interchange - Proiect No. PW02-11 - Acquisition
Aqreement between the City of Temecula and Michael Edwin Coleman
RECOMMENDATION:
11.1
Approve and execute in substantially the form hereto the Purchase and Sale
Agreement and Escrow Instructions between the City of Temecula and Michael
Edwin Coleman for the acquisition of certain real property in the amount of
$570,000.00;
11.2 Direct the City Clerk to record the document;
11.3 Adopt a resolution entitled:
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RESOLUTION NO. 02-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY
INTEREST IN OR EASEMENT UPON REAL ESTATE AS
PERMI'I-FED BY GOVERNMENT CODE SECTION 27281
12 Amendment No. 2 to Professional Services Aqreement with Michael Brandman Associates
for Pechanqa Parkway (formerly known as Pala Road) - Phase II Improvements - Project
No. PW99-11 - Environmental Study and Clearances
RECOMMENDATION:
12.1 Approve Amendment No. 2 to the agreement with Michael Brandman Associates to
provide professional engineering and design services for the Environmental Study
and Clearances for the Pechanga Parkway Phase II improvements - Project No.
PW99-11 - for an amount not to exceed $71,600.00 and authorize the Mayor to
execute the agreement.
13 Joint Community Facilities Agreement with Eastern Municipal Water District for the Shea
Homes - Serena Hills Development (Tract No. 23209)
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 02-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A JOINT COMMUNITY FACILITIES
AGREEMENT WITH THE EASTERN MUNICIPAL WATER
DISTRICT RELATING TO SERENA HILLS
14 Solicitation of Construction Bids for Pechanqa Parkway Soundwall Improvements - Proiect
No. PW99-11SW
RECOMMENDATION:
14.1 Approve the project plans and specifications and authorize the Department of Public
Works to solicit bids for the construction of the Pechanga Parkway Soundwall
Improvements- Project No. PW99-11SW.
15 Harveston Acquisition Aqreement for Offsite Riqht-of-Way
RECOMMENDATION:
15.1
Approve the Agreement pursuant to Government Code Section 66462.5 authorizing
the City to use the power of eminent domain for acquisition of offsite right-of-way to
provide the necessary right-of-way for widening of Winchester Road as required in
the conditions of approval for the Harveston Project.
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16 Second Reading of Ordinance No. 02-10 (Advanced Cardiovascular)
RECOMMENDATION:
16.1 Adopt an ordinance entitled:
ORDINANCE NO. 02-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR AND APPROVING THE DEVELOPMENT
AGREEMENT WITH ADVANCED CARDIOVASCULAR
SYSTEMS, INC., A SUBSIDIARY OF GUIDANT CORPORATION
(PLANNING APPLICATION NO. 02-0217)
MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 16.
The motion was seconded by Councilman Naggar and voice vote reflected approval with the
exception of Mayor Pro Tem Stone who was absent and Mayor Roberts and Councilman
Naggar who abstained with regard to Item No. 2.
At 7:24 P M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. The City Council Meeting resumed at 7:29 P.M.
17 Development Code Amendment (Planninq Application No. 02-0318)
RECOMMENDATION:
17.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 02-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING STANDARDS FOR MODULAR
STRUCTURES, ADOPTING CHAPTER 17.10 OF THE
TEMECULA MUNCIPAL CODE, AND MAKING OTHER MINOR
MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE
(PLANNING APPLICATION NO. 02-0318)
Deputy City Manager Thornhill reviewed the staff report (as per agenda material),
commenting on the proposed amendments, as follows:
· Modular Structure Standards
· Religious Institutions as Permitted Uses
· Incidental Retail Sales to Industrial Uses
· Nonprofit and Community Organization Facilities
· Sign Programs
· Typographic Changes
· Obsolete and Unused Definitions
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6
At this time, Mayor Roberts opened the public hearing
Pastor Skip McComas, 31400 Britton Circle, representing Hope Lutheran Church, relayed his
support of the proposed amendments.
Mayor Roberts closed the public hearing.
Commending Deputy City Manager Thornhill and the Planning Department staff, Councilman
Comerchero commented on the collaboration between staff and those associated with regard
to this item.
City Attorney Thorson introduced and read by title only Ordinance No. 02-11.
MOTION: Councilman Naggar moved to approve staff recommendation. The motion was
seconded by Councilman Comerchero and voice vote reflected approval with the exception of
Mayor Pro Tern Stone who was absent.
18 Large Family Day Care Home Facility Ordinance (Planning Application No. 99-0382)
RECOMMENDATION:
18.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 02-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 17 RELATING TO THE
STANDARDS FOR LARGE FAMILY DAY CARE HOME
FACILITIES (PLANNING APPLICATION NO. 99-0382)
Principal Planner Hogan reviewed the staff report (of record), clarifying that this ordinance would
pertain to large family, day care homes (6 to 12 children) and noting that the proposed
ordinance would not pertain to commercials facilities. Mr. Hogan advised that Code
enforcement issues with regard to such facilities would be handled through the City but that
operational issues would be handled through the State.
At this time, Mayor Roberts opened the public hearing. There being no public input, the public
hearing was closed.
City Attorney Thorson introduced and read by title only Ordinance No. 02-12.
MOTION: Councilman Naggar moved to approve the staff recommendation. The motion was
seconded by Councilman Comerchero and voice vote reflected approval with the exception of
Mayor Pro Tern Stone who was absent.
19 Appeal of Cinqular Wireless Telecommunication Facility at Chaparral Hiqh School -
Conditional Use Permit/Development Plan (PA01-0572)
RECOMMENDATION:
19.1 Adopt a resolution entitled:
R:\Minutes\l 11202
7
RESOLUTION NO. 02-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL OF THE PLANNING
COMMISISON'S DECISION TO APPROVE PLANNING
APPLICATION NO. 01-0572 - A CONDITIONAL USE
PERMIT/DEVELOPMENT PLAN TO DESIGN, CONSTRUCT,
AND OPERATE A TWENTY-SIX FOOT HIGH, FOURTEEN
FOOT WIDE UNMANNED WIRELESS TELECOMMUNICATION
FACILITY HOUSING SIX ANTENNAS AND ASSOCIATED
EQUIPMENT. THE SUBJECT PROPERTY IS GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF NICOLAS
ROAD AND WINCHESTER ROAD ON THE CHAPARRAL HIGH
SCHOOL CAMPUS ALSO KNOWN AS ASSESSOR'S PARCEL
NO. 961-080-007
Principal Planner Hazen reviewed and highlighted the staff report and recommendation (of
record), advising that because the proposed structure will not be educationally related, the City
does have jurisdiction over the construction of this use even though it is located on a school
site.
At this time, Mayor Roberts opened the public hearing.
Considering the height of the proposed structure and considering its location at a busy
intersection, Ms. Trisha Markey, representing Fountain Glen Properties (neighboring senior
housing project), expressed a concern with traffic visibility, marketing visibility, residents loss of
view (east side) and, therefore, suggested that an alternate location for this structure be
explored.
Recalling when the neighboring senior housing project was reviewed by the Planning
Commission, Councilman Naggar advised that he was a Planning Commissioner at the time
and that those concerns expressed by Ms. Markey were similar concerns expressed by
surrounding neighbors of the senior housing project. Mr. Naggar viewed the proposed
structure as appropriate and relayed support for approval.
In light of the need for this telecommunication structure, Councilman Comerchero commended
those involved with the development of this structure for its creativity and relayed his support of
the request.
Echoing Councilman Naggar's comments, Mayor Roberts noted that he had visited the location
of discussion and stated that there would be no to very limited view blockage as a result of this
structure and, therefore, relayed his opposition to the appeal.
Councilman Pratt expressed his support of the sign.
MOTION: Councilman Naggar moved to approve the request and, thereby, granting the permit
and denying the appeal. The motion was seconded by Councilman Comerchero and voice
vote reflected approval with the exception of Mayor Pro Tern Stone who was absent.
At 7:58 P.M., Mayor Roberts called a short recess and reconvened the meeting at 8:15 P.M.
R:\Minutes\111202
8
COUNCIL BUSINESS
20 All-Way Stop Si.qn Installation at North General Kearny Road and Golden Rod Road
RECOMMENDATION:
20.1 Adopt a resolution:
RESOLUTION NO. 02-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL
AT THE INTERSECTIONOF NORTH GENERAL KEARNY ROAD
AND GOLDEN ROD ROAD
Public Works Director Hughes reviewed the staff report (as per agenda material), noting that it
has been observed that this particular street is being used for recreational purposes (skate
boarding ramps, bike ramps, basketball courts, etc.)
In response to Councilman Naggar's concern as it relates to the differing speeds limits from
County roads to City roads, Public Works Director Hughes noted that, for area of discussion,
staff would be of the opinion that the existing traffic condition is working; that the width of North
General Kearny Road is 44' from curb to curb; and that this road has been designated as a
residential collector street.
Highlighting the Public Traffic Safety Commission's opinion with regard to this matter,
Commissioner Lanier advised that initially the matter was addressed as a speed issue but that
it evolved into more of a pedestrian safety issue. In response to Councilman Comerchero,
Commissioner Lanier explained the Commission's approval of the all-way stop control even
though it would deviate from the acceptable standards because of the length of North General
Kearny Road from Nicolas Road to the County and because of the expanded growth in the
area to the Murrieta side which would use Golden Road to access the area of discussion.
If the residents are desirous of a stop sign, Councilman Pratt relayed his support of the
installation of one.
Mr. Steve Chavez, 39810 Golden Rod Road, presented the neighbors' request for the
installation of a stop sign, highlighting the Commission's unanimous vote to install the sign and
reiterating that the issue of concern being pedestrian/bicyclist safety versus a speed limit
concern. In response to Councilman Naggar, Mr. Chavez acknowledged the residents'
awareness and acceptance of issues such as stacking/staging, loss of parking, difficulty
backing out, increased noise/pollution if this request were approved.
Commenting on the current false sense of security, Ms. Lisa Pidgeon, 39822 Golden Rod
Road, requested the ability to cross at a controlled intersection.
In light of the continued growth in the area of discussion, Mr. Johan Backlund, 39835 North
General Kearny, requested that the all-way stop control be approved, noting that the requested
signs are not solely for motorists but also for the safety of the pedestrians and bicyclists.
For the children's safety, Mr. Curtis Warrick, 39875 North General Kearny, requested the
approval of the all-way stop control.
R:\Minutes\l 11202
9
Considering the uniqueness of this situation (long stretch of road bordering County and the
growth in the area), Councilman Naggar reiterated the impacts to the residents associated with
the installation of such signs; stated that a street is not a place to let children play, noting that
this particular street has been designated as a residential collector road; and relayed his
support of the Commission's recommendation.
Concurring with Councilman Naggar's comment that children should not be playing in the
street, Councilman Comerchero stated that there is a need for pedestrians to cross the street.
In response to Councilman Comerchero, Mr. Chavez advised that there would be a general
agreement of those residents on North General Kearny to the installation of these signs,
advising that two individuals did not sign the petition and that all residents on Golden Rod
Road and Franciscan Court signed the petition.
In response to Councilman Comerchero, Public Works Director Hughes advised that although
staff does not survey the opinion of the residents once an unwarranted stop sign has been
installed but advised that actual feedback has been received from the residents and that those
responses vary. Mr. Hughes noted that the success with the installation of unwarranted stop
signs is that perception that something had been done. In closing, Mr. Hughes clarified that it
is the Public Works Department's responsibility to complete the technical analysis of a request
such as this and to provide, to the Council, the facts consistent with the guidelines set by the
State.
Councilman Comerchero relayed his desire to rather make an error on the side of safety for
the residents and, therefore, relayed his support of the request.
Advising that the City has installed other unwarranted stop sign because of safety concerns,
Mayor Roberts commented on the neighborhood's desire to have these signs installed;
addressed the continued growth in that area; and noted his support for the request.
MOTION: Councilman Comerchero moved to approve the installation of an All-Way Stop Sign
installation at North General Kearny Road and Golden Rod Road. The motion was seconded
by Councilman Naggar and voice vote reflect approval with the exception of Mayor Pro Tem
Stone who was absent.
21
Relinquishment of Caltrans Ri.qht-of-Wa¥ (State Routes 79 North and South)
(at the request of Mayor Roberts.)
RECOMMENDATION:
21.1 Direct the Public Works Department to proceed with the relinquishment process for
certain segments of State Route 79 South (SR 79S) and Winchester Road (SR 79N)
from the State of California to the City of Temecula;
21.2 Adopt a resolution entitled:
RESOLUTION NO. 02-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING ITS INTEREST TO ACCEPT
JURISDICTION OF THOSE SEGMENTS OF WINCHESTER
ROAD (SR 79N) AND STATE ROUTE 79 SOUTH (SR 79S)
EXTENDING FROM 1-15 TO THEI CITY LIMITS FROM THE
STATE OF CLAIFORNIA
R:\Minutes\111202
10
Reviewing the relinquishment process for SR 79S and Winchester Road (SR
79N), Mayor Roberts and Public Works Director Hughes commented on the
requirements and timeline and stated that the proposed resolution will begin the
process with no commitment on the City's part until all terms with the State have
been resolved.
Mr. Elton Ward, 39558 Freemark Abbey, relayed his support of the proposal to
relinquish.
Councilman Naggar commended Mayor Roberts for his initiation of this process.
MOTION: Councilman Naggar moved to approve staff recommendation. The
motion was seconded by Councilman Comerchero and voice vote reflected
approval with the exception of Mayor Pro Tern Stone who was absent.
22 Community Services Commission Appointments
RECOMMENDATION:
22.1 Appoint one applicant to serve a full three-year term on the Community Services
Commission through October 10, 2005.
Briefly reviewing the staff report (of record), Mayor Roberts advised that both subcommittee
members (Roberts/Stone) recommend the reappointment of James Meyler.
MOTION: Councilman Naggar moved to reappoint Mr. James Meyler. The motion was
seconded by Councilman Comerchero and voice vote reflected approval with the exception of
Mayor Pro Tem Stone who was absent.
23 Public/Traffic Safety Commission Appointments
RECOMMENDATION:
23.1 Appoint two applicants to serve on the Public/Traffic Safety Commission for full
three-year terms through October 10, 2005.
Briefly reviewing the staff report (of record), Mayor Roberts advised that both subcommittee
members (Roberts/Stone) recommend the reappointment of Mark Katan and the appointment of
Pete Ramos.
MOTION: Councilman Naggar moved to reappoint Mr. Mark Katan and to appoint Mr. Pete
Ramos. The motion was seconded by Councilman Pratt and voice vote reflected approval with
the exception of Mayor Pro Tem Stone who was absent.
Councilman Naggar, echoed by Councilman Comerchero, commended Mr. Charles Coe for his
years of service and requested that Mr. Coe receive the appropriate recognition.
R:\Minutes\l 11202
11
CITY MANAGER'S REPORT
City Manager Nelson commended the Public Works Department on its efforts associated with
the Ali-Way Stop Sign installation.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson noted that there were no reportable
actions with the exception that the City Council authorized the attorney to defend the City and
City Council in the Pratt v. City of Temecuta lawsuit and that the real property matter was
approved.
ADJOURNMENT
At 9:18 P.M., the City Council meeting was formally adjourned to Tuesday, November 26, 2002,
at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Minutes\111202
12
ITEM 3
RESOLUTION NO. 03-
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 $6,577,660.16.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 14th day of January, 2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos2003/Resos 03- I
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. 03- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 14th day of January, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos2003/Resos 03- 2
CITY OF TEMECULA
LIST OF DEMANDS
12/12/02 TOTAL CHECK RUN:
12/19/02 TOTAL CHECK RUN:
01/03/03 TOTAL CHECK RUN:
12/190/2 TOTAL PAYROLL RUN:
01/02/03 TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 01114~03 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND
130 OPEN SPACE
165 RDA DEV-LOW/MOD SET ASIDE
190 COMMUNFrY SERVICES DISTRICT
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
194 TCSD SERVICE LEVEL D
210 CAPFrAL IMPROVEMENT PROJ. FUND
261 CFD 88-12 ADMIN EXPENSE FUND
280 REDEVELOPMENT AG ENCY-CIP
300 INSURANCE FUND
310 VEHICLES FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
390 TCSD DEBT SVC
100 GENERAL FUND
165 RDA-LOW/NIOD SET ASIDE
190 COMMUNITY SERVICES DISTR~CT
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
194 TCSD SERVICE LEVEL D
280 REDEVELOPMENT AGENCY-CIP
300 INSURANCE FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
TOTAL BY FUND:
PREPARED BY JADA YONKER, ACCOUNTING SPECIALIST
GENIE ROBERTS, DIRECTOR OF FINANCE
SHAWN NELSON, CITY MANAGER
2,603,482.47
289,486.76 f
288,373.17J
2,961,051.61
16,625.00
32,968.04
230,922.55
41,542.95
57,459.67
1,611,722.82
526,751.11
1,180.68
35,731.40
284,731.42
83,827.19
68,083.26
20,720.40
22,332.13
4,150.00
9,743.02
102,254.60
214.95
9,875.36
1,458.63
4,213.81
1,975.15
19,790.30
4,511.49
12,563.39
$ 5,999,800.23
577,859.93 ~)
$ 6,577,660.16
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
CITY OF TEMECULA
LIST OF DEMANDS
12/12/02 TOTAL CHECK RUN:
12/19/02 TOTAL CHECK RUN:
01/03/03 TOTAL CHECK RUN:
12/190/2 TOTAL PAYROLL RUN:
01~3/03TOTAL PAYROLL RUN;
TOTAL LIST OF DEMANDS FOR 81114/03 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
130
165
190
192
193
194
210
261
280
300
310
320
33O
34o
39O
GENERAL FUND
OPEN SPACE
RDA DEV-LOW/MOD SET ASIDE
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
REDEVELOPMENT AGENCY-CIP
INSURANCE FUND
VEHICLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
TCSD DEBT SVC
100
165
190
192
193
164
280
3O0
32O
330
34O
GENERAL FUND
RDA-LOW/MOD SET ASIDE
COMMUNITY SERVICES DISTRI(~T
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
REDEVELOPMENT AGENCY-CIP
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
TOTAL BY FUND:
PREPS_ BY J,~A YO~,/~CCOU,~ING SPECIALIST
SHAWN NELSON, CITY MANAGER
$ 914,152.05
2,482,165.71
2,603,482.47
289,486.76
288,373.17
$ 6,577r660.16
2,961,051.61
16,625.00
32,968.04
230,922.95
41,542.95
57,459.67
526,791.11
1,180.68
35,731.40
284,731.42
83,827.19
68,083.26
20,720.40
22,332.13
411,259.23
9,743.02
102,254.60
214.95
9,875.36
1,458.63
4,213.81
1,975.15
19,790.30
4,511.49
12,563.39
$ 5,999,800.23
577,859.93
$ 6,577,660.16
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
apChkLst Final Check List Page: 1
12/12/2002 12:15:15PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81212 12/12/2002 004148 AT&T
81213 12/12/2002 005799 AAA
81214 12/12/2002 005058 ADAMS, AARON
Description
NOV:Long distance svcs: P.D.
Amount Paid
44.86
80.00
91.95
75.00
195.00
CPS Tech Cert:Police:SL/KJ/JJ/MK
Reimb.:Library Grant Lobby:12/02
81215 12/12/2002 003811 AMERICAN ASSN FOR STATE Membemhip:Museum Mgr:Ott, W.
81216 12/12/2002 000747 AMERICAN PLANNING ASSOCI APA Membership:Harris:Planning
81217 12/12/2002 000101 APPLE ONE, INC.
81218 12/12/2002 001323 ARROWHEAD WATER INC
81219 12/12/2002 003203 ARTISTIC EMBROIDERY
Temp Help:Kissam, N. PPE 11/16
Temp Help:Kissam, N. PPE 11/23
Temp Help:Kissam, N. PPE 11/02
Temp Help:Kissam PPE 11/30
Temp help:Hall, N. PPE 11/23
Temp Help:Kissam, PPE 11/02 & 11/
Temp Help:Schalk, B PPE 11/02
City Hall Drinking Water
Maint. Facility Drinking Water
CRC Drinking Water
T.V. Museum Drinking Water
Casual Day Shirts For Temecula Poli
780.00
770.25
520.00
312.00
260.00
149.50
104.00
695.46
581.22
98.57
23.48
416.99
81220 12/12/2002 001445 ASSISTANCE LEAGUE OF TEME 02-03 Corem Svc Funding Award
5,000.00
108.00
2,302.90
100.00
1,500.00
388.83
1,380.00
81221 12/12/2002
81222 12/12/2002
81223 12/12/2002
81224 12/12/2002
81225 12/12/2002
81226 12/12/2002
002648 AUTO CLUB OF SOUTHERN CA New Memberships:PW:Davis D./Rew,~
004778 BERRYMAN & HENIGAR INC
005795 BODMAN, EARLENE
004868 BOY SCOUTS OF AMERICA
005142 BUDKLEY, TIMOTHY
10/5-11/1 dsgn svcs:pavement mgmt
2nd Place in Mystery Writing Contest
02-03 Corem Svc Funding Award
Reimb:Comdex Conf: 11/18-21/02
004081 BUSINESS FURNtTURE GROUP Overhead cabinet repair - public works
Check Total
44.86
80.00
91.95
75.00
195.00
2,895.75
1,398.73
416.99
5,000.00
108.00
2,302.90
100.90
1,500.00
388.83
1,380.00
Page:l
apChkt-st
12/12/2002 12:15:15PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81227 12/12/2002 000674 CALIFCONTRACTClTIES
81228 12/12/2002
81229 12/12/2002
81230 12/12/2002
81231 12/12/2002
81232 12/12/2002
81233 12/12/2002
81234 12/12/2002
81235 12/12/2002
81236 12/12/2002
81237 12/12/2002
81238 12/12/2002
81239 12/12/2002
81240 12/12/2002
81241 12/12/2002
81242 12/12/2002
Final Check List
City of Temecula
(Continued)
Description
2002/03 City membership dues
000790 CALIF DEPT OF PESTICIDE Qual Applicator Cer~:Harrington
004971 CANON FINANCIAL SERVICES, I Copier Contract for City Facilities
004093 CARDIO CARE PLUS TCSD instructor earnings
003349 CAROUSEL FARM & CARRIAGE Carriage Rides:Dickens Christmas
005417 CINTAS FIRST AID & SAFETY First Aid Kit Supplies:City Hall
001193 COMP U S A INC Link Wireless Router:Info Sys
4pk Dvdr Media 4.7gb:lnfo Sys
computer supplies:Info Sys
CR:Restocking Fee:Ref. PO#473
003059 COSTCO WHOLESALE MEMBE Wholesale membership:Pelletier/Fi
Wholesale membership:Pelletier
005793 COVELLO, TONI Refund:Sports-BB Fund Beg 4082.204
001009 D B X INC Installation of Loop Detectors:Rancho
003272 DAISY WHEEL RIBBON COMPAI Plotter paper & ink:GIS
003006 DEWITT CUSTOM PAINTING Res Imp Prgm: Sell, Marcy-
Res Imp Prgm: Abalos, Ben & Delore
002701 DIVERSIFIED RISK Nov 02:Special Events Premiums
005794 DUNGEREAUX, ROSA PONCE 3rd Place in Mystery Contest
001669 DUNN EDWARDS CORPORATI Paint/Misc Supplies:Graffiti Removal:P
001380 E S I EMPLOYMENT SERVICES TEMP HELP - OFC ASST & BLDG IN
Bragg temp help PPE 11/15:CLP Div
TEMP HELP - OFC ASST & BLDG IN
Mar~inez temp help PPE11/29
Kanigowski PPE 11/29:GIS
Bragg temp help PPE 11/29:CLP Div
Amount Paid
560.00
30.00
6,727.20
374.40
650.00
86.74
683.63
163.54
80.78
-232.06
80.00
-35.00
30.00
580.00
465.81
2,200.00
1,200.00
555.72
50.00
122.57
2,188.16
1,559.25
1,240.80
1,235.20
987.28
935.55
Page: 2
Check Total
560.00
30.00
6,727.20
374.40
650.00
86.74
595.89
45.00
30.00
580.00
465.81
3,400.00
555.72
50.00
122.57
Page2
apChkLst Final Check List Page: 3
12/12/2002 12:16:15PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81243 12/12/2002 003223 EDAW INC
81244 12/12/2002 005052 EMCOR SERVICE
81245 12/12/2002 003171 EMPIRE ECONOMICS LLC
(Continued)
Description
Amount Paid
Nov prof svcs:Pala Rd Bridge
Nov prof svcs:Long Cyn Basin
City HalIHVAC Qrtly Prey Maint
Fire Stn #84:Replace Pully/Belt on HW
Market Absorption Study:Crowne Hill
677.39
163.23
1,986.00
82.16
12,500.00
Check Total
840.62
2,068.16
12,500.00
81246 12/12/2002
81247 12/12/2002
005251 EQUIPMENT REPAIR SERVICE
002060 EUROPEAN DELI & CATERING
Mobile Equip & Truck Repairs: PW Ma
Mobile Equip & Truck Repairs:PW Ma
12/05 EE Recognition Luncheon:HR
370.00
320.00
2,575.23
690.00
2,575.23
81248 12/12/2002
81249 12/12/2002 000478 FAST SIGNS
001056 EXCEL LANDSCAPE
spraying-Marg Prk Channel
install trees @ Butterfield Stage Pk
main line repair:Paloma Park
Main line repair:Medusa slope
S-18 TEMEKU HILLS INSTALL THRE
Main line repair:Vail Ranch Pkwy
main line repair:Paseo Park
Main line repair:Pavilion Pointe
Main line repair:Vail Ranch
replace Crape Myrtle @ Marg/Winch.
replace plant @ Marg Park
replace damaged tree:Temeku Hills
Replace batteries:Nada Lane
Field close signs:Sports parks
1,197.59
300.00
277.43
236.57
225.00
213.54
208.80
202.92
160.93
75.00
75.00
75.00
52.08
395.31
3,299.86
395.31
81250 12/12/2002 004310 FEDEX GROUND INC
Ground express package svcs
356.50
356.50
81251 12/12/2002
81252 12/12/2002
003347 FIRST BANKCARD CENTER
004944 FULLCOURT PRESS
xx-9277: Roberts:Conf/Prof Mtgs
xx-6165:Yates:Conf/Prof
xx-7824:Com erchero:Conf/Prof Mtgs
xx-2292:Roberts, G.:Conf/Prof Mtgs
xx-1143:Parker:Conf/Prof Mtgs
xx-1405:Ubnoske:Prof Mtgs/Publicat
xx-0432:EImo, A.:Team Bldg
CASH RECEIPT FORMS FOR CASHI
1,719.61
910.87
724.17
546.50
339.41
103.78
56.46
1,015.49
4,400.80
1,015.49
81253 12/12/2002 002528 GLASS BLASTERS INC
Recycling Calendar 2003 Awards:TCS
New EE Glass Mugs:HR
270.00
80.81
350.81
Page3
apChkLet Final Check List Page: 4
12/12/2002 12:15:15PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
81254 12/12/2002
81255 12/12/2002
000177 GLENNIES OFFICE PRODUCTS
003640 GRAYNER ENGINEERING
Description
Misc Office Supplies:Human Res
Misc Office Supplies:Finance
Misc Computer Supplies:iS Division
Misc Office Supplies:Records Mgmt
Misc Office Supplies:City Clerk
Misc Office Supplies:Planning
Misc Office Supplies:B & S
Misc Office Supplies:City Mgr
11/4-24 Eng svcs:Memantile bldg
Amount Paid
445.54
431.87
346.85
330.22
259.53
131.93
122.52
78.11
690.00
Check Total
2,146.57
690.00
81256 12/12/2002
81257 12/12/2002
000186 HANKS HARDWARE INC
005791 HEART FOR CHILDREN
Maint. Supplies:Various Sites:TCSD
Misc Supplies:PW Maint Div
Misc Maint Supplies:PW:OId Town
C.R.C. Maintenance Supplies
Maint. Supplies:T.V. Museum
City Hall Maintenance Supplies
West Wing Maint Supplies
Misc Supplies:PW Maint Div
Misc Supplies:IS Division
02-03 Corem Svc Funding Award
502.11
256.70
25~.10
129.14
83.37
76.05
31.22
28.50
18.31
500.00
1,374.50
500.00
81258 12/12/2002 005419 HOME IMPROVEMENT SOLUTI Res Imprv Prgm: Enriquez, Vincent
2,500.00
2,500.00
81259 12/12/2002 004833 IMPERIAL PAVING COMPANY I Street Repair:Via Puesta Del Sol @
15,930.00
15,930.00
81260 12/12/2002 005798 INSURANCE SERVICES OFFIC Fire Suppression Rating Schedule:Neu
59.26
59.26
81261 12/12/2002 001407 INTER VALLEY POOL SUPPLY I Aquatic Pool Sanitizing Chemicals
203.43
203.43
81262 12/12/2002 001186 IRWIN, JOHN
TCSD instructor earnings
64.00
64.00
81263 12/12/2002 002140 JAGUAR COMPUTER SYSTEMS Computer Repairs:Police Storefrents
192,70
192.70
81264 12/12/2002 003046 K F R O G 95.1 FM RADIO Advertising:Dickens Christmas 11/23/0
100.00
100.00
81265 12/12/2002 001667 KELLY TEMPORARY SERVICES Temp Help:Candido, A. PPE 11/24:1S
999.00
999.00
81268 12/12/2002 003986 KEVIN COZAD & ASSOCIATES I Design svcs:Pala Rd Ph 2
Topographic Survey:Winchester Rd
3,655.77
2,480.00
6,135.77
Page~
Final Check List Page: 5
City of Temecula
apChkLst
12/12/2002 12:15:15PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81267 12/12/2002 000205 KIDS PARTIES ETC
81268 12/12/2002
81269 12/12/2002
81270 12/12/2002
81271 12/12/2002
81272 12/12/2002
81273 12/12/2002
81274 12/12/2002
81275 12/12/2002
81276 12/12/2002
81277 12/12/2002
81278 12/12/2002
81279 12/12/2002
81280 12/12/2062
81281 12/12/2002
81282 12/12/2002
81283 12/12/2002
81284 12/12/2002
005803 LARSON, MICHELLE
005792 LEWIS, B~ ~ ¥
003726 LIFE ASSIST INC
(Continued)
Description
Party Jump Rental:Winter Wonderland
Rb:Namotic Officers Tm:l 1/23-25
Refund:Holiday Craft Fair
Paramedic Supplies:Fire
Paramedic Supplies:Fire
000220 MAURICE PRINTERS INC
001924 MAXIMUS INC
003800 MCLAUGHLIN ENGINEERING
002810 MCTRANS CENTER/UNIV OF F
003448 MELODYS AD WORKS
005684 MEREDITH, MARILYN
001905 MEYERS, DAVID WILLIAM
004013 M & M REFRIG., HEATING & A/C Res Imprv Pgrm:Talavera, M
003782 MAIN STREET SIGNS Var signs & supplies:PW Maint
Sign supplies for PW Maint
004141 MAINTEX INC C.R.C Custedial Supplies
001967 MANPOWER TEMPORARY SER temp help w/e 11/17 Dankworth
temp help w/e 11/24 Dankworth
000217 MARGARITA OFFICIALS ASSN Nov-Dec sports officiating svcs
CAFR tab dividers
CAFR report covers
Sep-Oct 02:Impact Fee Study
Credit:Overbilled reimb expenses
Prgs prat #1 :R.V. Drainage imprv
Data processing equip:PW Traf Div
Holiday promotions for Old Town
speaker @ Erie Stanley Gardner:Il/2
TCSD INSTRUCTOR EARNINGS
004894 MICHAEL BRANDMAN ASSOCIA 8/31-9/27 Prof svcs:Pala Rd ph2
9/28-10/25 Prof svcs:Pala Rd ph2
004002 MILNER SIGNS FAC IMP PRGM: MAINT STREET SU
Amount Paid
200.00
34.84
30.00
699.04
672.44
125.00
2,078.47
323.25
114.20
354.75
354.75
1,330.00
804.89
758.56
10,399.93
-60.69
27,816.00
260.00
2,686.50
200.00
376.00
1,019.70
808.45
2,924.73
Check Total
200.00
34.84
30.00
1,371.48
125.00
2,401.72
114.20
709.50
1,330.00
1,563.45
10,339.24
27,816.00
260.00
2,686.50
200.00
376.00
1,828.15
2,924.73
Page5
apChkLst Final Check List Page: 6
12/12/2002 12:15:15PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81285 12/12/2002
81286 12/12/2002
81287 12/12/2002
000437 MORELAND & ASSOCIATES
004508 NAGGAR, MICHAEL S.
002925 NAPA AUTO PARTS
81288 12/12/2002
81289 12/12/2002
81290 12/12/2002
81291 12/12/2002
81292 12/12/2002
81293 12/12/2002
81294 12/12/2002
81295 12/12/2002
81296 12/12/2002
81297 12/12/2002
81298 12/12/2002
81299 12/12/2002
81300 12/12/2002
81301 12/12/2002
000233 NELSON, SHAWN
002139 NORTH COUNTY TIMES- ATTN:
004191 NORTH COUNTY TIMES-PMT P
002292 OASIS VENDING
(Continued)
Description
Oct:temp help:Broadman
Reimb:Nat'l Energy Cf:l 1/17-19
ms vehicle parts/supplies
parts/supplies for PW Maint
Parts/supplies for PW Maint
Reimb:Library Lobby Trip:l 1/20
Nov Dickens holiday:Old Town
Nov recruitment ads for H.R. Dept
Nov Constr update ads for PW
12/22-6/21 Subscription:Finance Dept
City Hall Kitchen/coffee supplies
West Wing kitchen/coffee supplies
004473 OLDTOWNTEMECULAGUNFIG gunfightperlormance:OIdTown:10/4
002105 OLD TOWN TIRE & SERVICE City vehicle main+/repair svcs
City vehicle main+/repair svcs
City vehicle main+/repair svcs
001171 ORIENTALTRADINGCOMPANY Holiday supplies:TCSD/Sister Cities
002256 P & D CONSULTANTS INC
004520 PAINT CONNECTION, THE
004074 PARTY CITY OF TEMECULA IN
Nov temp bldg inspection svcs
interior painting @ Fire stn 84
supplies:ee recogn luncheon:12/5
003663 PECHANGA BAND OF LUISENO ee holiday party:12/7/02
000249 PETTY CASH Petty cash reimbursement
000580 PHOTO WORKS OF TEMECULA Nov photo dev/film:Museum
003200 PIN CENTER, THE City Seal pins:promos/sister city
Amount Paid
1,443.95
16.53
23.69
13.49
5.47
109.82
986.58
620.40
550.12
61.00
357.84
77.58
250.00
655.57
362.19
19.19
26.55
12,300.00
7,343.00
17.22
12,198.77
424.11
60.76
3,420.00
Check Total
1,443.95
16.53
42.65
109.82
2,157.10
61.00
435.42
250.00
1,036.95
26.55
12,300.00
7,343.00
17.22
12,198.77
424.11
60.76
3,420.00
Page~
apChkLst Final Check List Page: 7
12/12/2002 12:15:15PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81302 12/12/2002 001999 PITNEY BOWES
81303 12/12/2002 005800 PREINSBERGER, DUANE
(Continued)
Description
Jan-Mar postage meter rental
Writing Contest:Erie Stanely Gardner
81304 12/12/2002 000254 PRESS ENTERPRISE COMPAN Nov recruitment ads for H.R. dept
Nov var public ntcs:City Clerk
81305 12/12/2002 004529 QUAID HARLEY-DAVIDSON
81306 12/12/2002 004457 R J NOBLE COMPANY
mpair/maint of P.D. motomycles
Rel. Retention:Marg Rd. Ph 2
81307 12/12/2002 002176 RANCHO CALIF BUS PARK ASS Jan-Mar Assn Dues:Diaz
Jan-Mar Assn Dues:City Hall
81308 12/12/2002 000262 RANCHO CAL~FWATER DIST Various water meters
Various water meters
10/29-11/25 01-02-98010-0 Sin 84
11/1-12/2 01-08-38009-0 Stn 92
10/30-11/27 01-06-84860-5 Pujol St.
10/29-11/25 01-02-98000-0 Sin 84
Nov 01-06-55000-1 Main St
Nov 01-06-84900-1 Pujol St
Nov 01-06-96000-11 Pujol St.
Nov 01-06-96500-1 Pujol St.
Nov 01-06-99000-14 Pujol St
81309 12/12/2002 000947 RANCHO REPROGRAPHtCS
Dupl blueprints:Rnbw Cyn
81310 12/12/2002 004483 RECREONICS INC
GOLD MEDAL LAND LINE, 75 FEET, I
81311 12/12/2002 001500 REGIONALTRAINING CENTER- Team Bldg for B&S:12/10/02
81312 12/12/2002 000266 RIGHTWAY Equip rental- Riverton Park
equip rental - Veteran's Park
81313 12/12/2002 000418 RIVERSIDE CO CLERK & RECO[ Aperture card duplicates
81314 12/12/2002 000267 RIVERSIDE CO FIRE DEPARTM[ Apr-Jun 2002:fire services
81315 12/12/2002 000411 RIVERSIDE CO FLOOD CONTRfi Jul plan check fees:Pechanga Pkwy
81316 12/12/2002 000268 RIVERSIDE CO HABITAT Nov 2002 K-Rat payment
Amount Paid
309.52
200.00
3,920.73
205.57
166.30
13,734.57
2,176.46
1,582.88
10,927.95
1,699.63
202.60
51.22
45.11
9.74
1.44
1.44
1.44
1.44
1.44
45.72
2,303.10
450.00
77.94
54.39
14.45
606,200.20
286.96
500.00
Check Total
309.52
200.00
4,126.30
166.30
13,734.57
3,759.34
12,943.45
45.72
2,303.10
450.00
132.33
14.45
606,200.20
286.96
500.00
Page~
apChkLst Final Check List Page: 8
12/12/2002 12:15:15PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81317 12/12/2002 000406 RIVERSIDE CO SHERIFFS DEP
81318 12/12/2002 005073 ROCKYZHARP
Amount Paid
October 2002 Booking Fees
entertainment:Dickens Hol.:l 1/30
7,286.40
250.00
Check Total
7,286.40
250.00
81319 12/12/2002
81320 12/12/2002
81321 12/12/2002
81322 12/12/2002
002226 RUSSO, MARY ANNE
000277 S & S ARTS & CRAFTS INC
001942 S C SIGNS
000278 SAN DIEGO UNION TRIBUNE
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
Supplies for holiday events
Sept var public ntcs:City Clerk
Oct var public ntcs:City Clerk
Var recruitment ads for H. R.
700.00
700.00
57.56
260.00
260.00
1,399.99
1,400.00
57.56
520,00
1,399.99
81323 12/12/2002
81324 12/12/2002
81325 12/12/2002
81326 12/12/2002
81327 12/12/2002
81328 12/12/2002
004609 SHREDFORCE INC
Nov document shredding svcs
005801 SIMON, TODD
Refund:Eng Dep:31862 Camino Cielo
000645 SMART & FINAL INC
Supplies for holiday events
000722 SO CALF ASSN CODE ENF.OFF annualmbrshp:T. Cole
000537 SO CALIF EDISON
001212 SO CALIF GAS COMPANY
11/1-12/1 2-01-202-7603 var mtrs
11/1-12/4 2-02-351-5281 CRC
11/1-12/1 2-00-987-0775 var mtrs
Dec 2-05-791-8807 various mtrs
Dec 2-22-417-8772 Rancho Vista
11/1-12/4 2-06-105-0654 var mtrs
11/5-12/6 2-10-331-1353 Stn 84
Dec 2-10-331-2153 TCC
10/30-12/2 Front St Ped
Dec 2-20-798-3248 Childrens Mus
Nov 2-19-538-2262 various mtrs
Dec 2-23-693-2810 Pala Rd
Dec 2-23-548-1975 various mtrs
Dec 2-24-077-3069 Pala Rd
Dec 2-23-051-9399 Marg Ped
10/8-11/06 101-525-0950-0 TCC
110.00
995.00
86.95
50.00
13,744.19
5,290.58
5,177.26
3,990.52
3,232.74
2,819.28
953.31
789.23
597.43
151.89
110.25
56.54
44.78
42.52
16.02
25.56
110.00
995.00
86.95
50.00
37,016.54
25.56
81329 12/12/2002 000282 SO CALIF MUNICIPAL ATHLETI 2003 mbrshp dues:H. Parker
50.00
50.00
Page~
apChkLst Final Check List Page: 9
12/12/2002 12:15:15PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81330 12/12/2002 000519 SOUTH COUNTY PEST CONTR(~ Pest Control Srvcs: CRC
Amount Paid
312.00
81331 12/12,/2002
81332 12/12/2002
81333 12/12/2002
813-34 12/12/2002
81335 12/12/2002
000293 STADIUM PIZZA
004306 STENO SOLUTIONS
000465 STRADLEY, MARY KATHLEEN
001546 STRAIGHT LINE GLASS INC
000574 SUPERTONER
refreshments:wreath decorating
refreshments:float decorating
Oct transcription svcs:Police
Nov transcription svcs:Police
TCSD Instructor Earnings
TCSD Instructor Earnings
Res Imp Prgm: Gilkey
Res Imp Prgm-Lovell, Jacqueline
HP Printer Supplies
68.95
33.68
1,688.16
1,648.32
536.00
188.00
1,059.16
182.97
74.19
2,500.00
81336 12/12/2002 004972 T E A M COMMUNITY PANTRY FY 02/03 Comm Svc Funding Awrd
81337 12/12/2002
81338 12/12/2002
000305 TARGET STORE
000168 TEMECULA FLOWER CORRAL
Supplies for holiday parade
supplies for Winter Wonderland
supplies for Winter Wonderland
Sunshine Fund
167.32
83.11
35.44
125.96
81339 12/12/2002
81340 12/12/2002
81341 12/12/2002
81342 12/12/2002
003677 TEMECULA MOTORSPORTS LL
004541 TEMECULA RADiATOR/AUTO R
000307 TEMECULA TROPHY COMPAN
004274 TEMECULA VALLEY SECURITY,
P.D. motomycle repair/maint svcs
P.D. motorcycle repair/maint svcs
repair/maint:Fire Prey. vehicles
repair/maint:Fire Prey. vehicles
Perpetual Plaques:Team Pace events
Plaques:Turkey Trot Tournament
name plates:Moore/Brown/Pint
Award:Gift Giving Campaign
name plate:P. Ramos
Parks locksmith svcs
416.37
84.15
98.25
68.25
146.43
59.26
38.79
8.19
8.08
55.00
81343 12/12/2002 003140 TEMECULA VALLEY TAEKWON TCSD INSTRUCTOR EARNINGS
40.00
81344 12/12/2002 004477 TEMECULA VALLEY WOMANS £ FY 02/03 Corem Svc Funding Awrd
5,000.00
81345 12/12/2002
81346 12/12/2002
003598 TEMECULA VINTAGE SINGERS
000320 TOWNE CENTER STATIONERS
entertainment:Dickens Hol.:l 1/23
entertainment:Dickens Ho1.:12/1
Office supplies for Land Dev
200.00
200.00
1,062.62
Check Total
312.00
102.63
3,336.48
724.00
1,242.13
74.19
2,500.00
285.87
125.96
500.52
166.50
260.75
55.00
40.00
5,000.00
400.00
1,062.62
Page~
apChkLet Final Check List Page: 10
12/12/2002 12:15:15PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81347 12/12/2002 004435 U S CONFERENCE OF MAYORS MayorsCf:01/22-24/03:J. Stone
Amount Paid
450.00
3,751.19
54.00
81348 12/12/2002 002702 U S POSTAL SERVICE
Postage meter deposit
81349 12/12/2002 004981 UNISOURCE SCREENING & Nov 16-30 background screening svcs
81350 12/12/2002
81351 12/12/2002
005805 URISA
004504 VAIL RANCH SELF STORAGE
1/1-12/31/03 mbrshp dues:J.D.
1/1-12/31/03 mbrshp dues:K.B.
1/1-12/31/03 mbrshp dues:D.K.
Dec off-site record storage
132.00
132.00
20.00
30.00
81352 12/12/2002
81353 12/12/2002
81354 12/12/2002
81355 1W12/2002
004261 VERIZON CALIFORNIA
004279 VERIZON CALIFORNIA INC.
004789 VERIZON INTERNET SOLUTION
005804 WELLS FARGO BANK
NOV XXX-1408 P.D. SATELLITE STN
NOV XXX-5509 GENERAL USAGE
NOV XXX-9897 GENERAL USAGE
Nov xxx-1540 Old Town Prk Lot
NOV XXX-0049 GENERAL USAGE
NOV XXX-1289 PRATT
NOV XXX~5840 GENERAL USAGE
NOV XXX-5780 GENERAL USAGE
NOV XXX-2629 NAGGAR
NOV XXX-2730 ELEVATOR
NOX XXX-2670 911 AUTO DIALER
Nov access-CRC phone line
Nov access-rvsd co phone line
xx-0544:lntemet phone svcs
XX-741 l:lntemet phone svcs
Phone svcs/EOC backup @stn 84
Savings Bond:lst piace:E.S.G.
380.99
145.94
89.48
89.48
36.53
33.39
32.39
32.39
29.69
28.81
28.67
343.30
268.20
69.95
69.95
69.95
50.00
81356 12/12/2002 005804 WELLS FARGO BANK
Savings Bond:2nd place:E.S.G.
25.00
12.50
186.63
3,500.00
10.50
81357 12/12/2002 005804 WELLS FARGO BANK
Savings Bond:3rd place:E.S.G.
81358 12/12/2002 003835 WEST COAST SUPPLY COMPAI' Gas Sensor supplies:Catch Basins
81359 12/12/2002 004829 WILSON GROUP LLC, THE Dec legislative lobbyist svcs
81360 12/12/2002 005802 ZAVALA, ADRIANA
Refund:Breakfast with Santa
Check Total
450.00
3,751.19
54.00
284.00
30.00
927.76
611.50
209.85
50.00
25.00
12.50
186.63
3,500.00
lO.5O
Page:10
apChkLst Final Check List Page: 11
12/12/2002 12:15:15PM City of Temecula
Sub total for UNION BANK OF CALIFORNIA: 914,152.05
apChkt.st Final Check List Page: 12
12/12/2002 12:15:15PM City of Temecula
149 checks in this report.
Grand Total All Checks: 914,152.05
Page:12
apChkLst
12/19/2002 3:23:07PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
67 12/19/2002 000444 INSTATAX (EDD)
68 12/19/2002
69 12/19/2002
81361 12/16/2002
81362 12/17/2002
81363 12/19/2002
81364 12/19/2002
81365 12/19/2002
81366 12/19/2002
81367 12/19/2002
81368 12/19/2002
81369 12/19/2002
81370 12/19/2002
81371 12/19/2002
81372 12/19/2002
81373 12/19/2002
Final Check List
City of Temecula
000283 INSTATAX (IRS)
Description
Employees state pr taxes
Employees fed pr taxes
000246 PERS (EMPLOYEES' RETIREME ee pers retirement
004697 LOWES HIW INC
000249 PETTY CASH
005277 2 H CONSTRUCTION INC
004973 ABACHERLI, LINDI
005772 AMTEK INC
000101 APPLE ONE, INC.
001561 ARCH WIRELESS
005335 ARTIST TOUCH STUDIO
004855 BABER, GABRIELE
002541 BECKER CONSTRUCTION SRV
005707 BEDCO INC
003984 BENOIT, VINCENT H.
004262 BIO-TOX LABORATORIES
Gift Cert Hol. Lite/Fast. Site Contest
Petty cash reimbursement
#2:seismic retrofit:Mercantile Bldg
TCSD instructor eamings
Cell Accessories:IS Dept
Cell Accessories:IS Dept
Cell Accessories:IS Dept
Temp Help:Acosta, A. PPE 11/23
Tamp Help:Acosta, A. PPE 11/16
Tamp Help:Acosta, A. PPE 11/30
Temp Help:Kissam, N. PPE 12/7
Temp Help:Hall, N. PPE 11/30
Nov:Paging/Rental Svcs:lS
Framing svcs:Sister Cities
TCSD instructor earnings
Citywide AC Saw Cutting:PW Mntc
vehicle repair/maint:PW Maint
Santa Claus:Old Town:Nov-Dec
Support pmt
DUI/Drug/Alcoho[ Screening:Police
DUI/Drug/AIcohot Screening:Potice
Amount Paid
12,843.08
56,277.29
45,596.10
400.00
1,138.45
81,648.36
316.00
732.70
294.00
280.00
1,146.25
945.60
709.20
585.00
214.50
58.88
359.40
230.40
2,628.00
3,635.00
750.00
-281.25
728.70
160.30
Page: I
Check Total
12,843.08
56,277.29
45,596.10
400.00
1,138.45
81,648.36
316.00
1,306.70
3,600.55
58.88
359.40
230.40
2,628.00
3,635.00
468.75
889.00
Page:l
apChkLst Final Check List Page: 2
12/19/2002 3:23:07PM City of Temecuia
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81374 12/19/2002 004'!~.4 BLUE OCEAN SOF'rWARE INC TRACK IT SOFTWARE USER LIC
Amount Paid
4,141.00
Check Total
4,141.00
81375 12/19/2002 003126 BOOMGAARDEN, DENNIS TCSD instructor earnings
285.60
81376 12/19/2002 004899 BRIGANDI, PHIL
Contribution:High Country Magazine
81377 12/19/2002 004081 BUSINESS FURNITURE GROUP 4 Slack Stack Cheim:lS Mgr Ofc
258.60
258.60
81378 12/19/2002 003214 CAL MAT
Citywide AC Repairs:PW Matnt Div
1,428.58
81379 12/19/2002 004604 CALPELRA Membemhip:Yates, G.:HR
81380 12/19/2002 005314 CAROLINA EMBLEM COMPAI~Y Volunteer Patches for Temecula Pol~c
230.00
81381 12/19/2002 002534 CATERERS CAFE
81382 12/19/2002 003735 CINGULAR WIRELESS (EQUIP
Breakfast w/Santa:Winter Wonderland
Refreshments:Hol. Parade 12/13
cellphonebaffery
1,350.00
215.50
26.94
1,565.50
26.94
81383 12/19/2002 005447 CLEMENTS, BRIAN
Reimb:lCBO Certification
81384 12/19/2002 004017 COMERCHERO, JEFF
81385 12/19/2002 004405 COMMUNITY HEALTH CHARI
Reimb:Congress of Cities Cf:12/3-8
Reimb:Calif Leag. Conf:10/2-4
Rb:Steering Committee Cf:9/26-29
Reimb:National Energy Cf:l 1/17-19
Community Charity Contributions
17.33
14.00
13.54
11.08
141.50
55.95
141.50
81386 12/19/2002 002147 COMPLIMENTS COMPLAINTS & Entertainment:Old Town:Nov/Dec
Santa Suit Rental:Holiday Spec Event
Santa Suit Rentals:Wintar Wonderlan
81387 12/19/2002 000442 COMPUTER ALERT SYSTEMS Q~y Alarm Monitoring: TCC
Qrtly Alarm Monitoring:Children's Mus~
Qdly Alarm Monitoring:CRC
Maint/Repair Alarm Sys:Children's
Qrtiy Alarm Monitoring:City Hall
Qrtiy Alarm Monitoring:Senior Ctr
Qrtly Alarm Monitoring:Museum
Qrfly Alarm Monitoring:West Wing
Q~ldy Alarm Monitoring:Chapel
Qrtly Alarm Monltoring:6th St Prkg Lot
4~4.06
80.81
246.00
246.00
246.00
225.00
210.00
165.00
135.00
135.00
111.00
78.00
1,734.87
1,794.00
Page2
apChkLst Final Check List Page: 3
12/19/2002 3:23:07PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81388 12/19/2002 000447 COMTRONIXOFHEMET
Amount Paid
Radio Install:P.D. Motorcycles
2,498.18
Check Total
2,498.18
81389 12/19/2002 001009 D B XINC
Flashing Beacons:Meadows Pkwy
3,800.00
3,800.00
81390 12/19/2002 003272 DAISY WHEEL RIBBON COMPAI Plotter Paper & tnk:GIS Div
461.06
461.06
81391 12/19/2002
81392 12/19/2002
002900 DANIEL MANN JOHNSON
004569 DAVID TAUSSIG & ASSOCIATE
Prof Design Svcs:Pala Rd Improv:PH I
Prof Design Svcs:Pala Rd Improv:PH I
NOV:PROF SVCS:BUTTERFIELD ST
48,872.04
39,758.57
313.35
88,430.61
313.35
81393 12/19/2002 005774 DEANS WHOLESALE FLOWER FLOWERS FOR WINTER WONDERL
175.09
175.09
81394 12/19/2002 004450 DENNIS A HIBBERT PLUMBING Emergency Repair:Fire Station #84
195.00
195.00
81395 12/19/2002 005813 DOUBLETREE HOTEL- MONTE Htl:CAPPOCf:Vollmuth 01/21-22
297.14
297.14
81395 12/19/2002
81397 12/19/2002
81398 12/19/2002
004192 DOWNS COMMERCIAL FUELI
001380 E S I EMPLOYMENT SERVICES
000395 ECONOMIC DEVELOPMENT CO
Fuel for city vehicles:TCSD
Fuel for city vehicles:Planning/Police
Fuel for city vehicles:Public Works
Fuel for city vehicles:B & S
Fuel for city vehicles:PW
Fuel for city vehicles:PW
City Vehicle Fuel:B&S/Finance
Rosales tamp help PPE11/29
Rosales temp help PPE 11/15
Obmann temp help PPE 11/29
Obmann temp help PPE 11/15
Rosa temp help PPE 11/29
Montecino temp help PPE 11/29
Cammarota tamp help PPE 11/29
Cammarota tamp help PPE 11/15
EDC of SWRC Funding FY02-03
678.17
335.79
284.01
176.59
90.74
51.22
43.20
1,933.90
1,858.18
1,808.00
1,480.30
1,250.81
1,109.60
1,074.21
941.99
20,000.00
1,659.72
11,456.99
20,000.00
81399 12/19/2002
81400 12/19/2002
000161 EDEN SYSTEMS INC
000164 ESGIL CORPORATION
Inforum Gold Payroll/HR support
Inforum Gold software support
Nov:Plan Check Svcs:B & S
969.25
21.74
3,719.64
990.99
3,719.64
81401 12/19/2002 002060 EUROPEAN DELI & CATERING Rfrshmnts:treelighting:dck pnd
Prof Mtgs:City Council
972.44
203.22
1,175.66
Page3
apChkl-st Final Check List Page: 4
12/19/2002 3:23:07PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Venrfor
81402 12/19/2002
81403 12/19/2002
81404 12/19/2002
001056 EXCEL LANDSCAPE
002037 EXPANETS
000478 FAST SIGNS
81405 12/19/2002
81406 12/19/2002
81407 12/19/2002
002832 FENCE BUILDERS
001511 FIELDMAN ROLAPP & ASSOCIA
003747 FINE ARTS NETWORK DBA:TEN
(Continued)
Description
~ount Paid
Nov Ldscp Mntc Svcs Var. Sites
Sched A NEC 16 Port Analog Card:IS
Bannem:Winter Wonderland 12/7
Banner Santa Claus:Old Town
Teen Council Banner:TCSD
Lettering City SeaI:TCSD Vehicle #03-
Res Imp Prgm:CANO, Bernardino & F
Prof Svcs:Butterfield Stage Rd CFD
Prof Svcs:Crown Hill CFD 03-1
Entertainment:Dickens ho1.:12/8
94,013.00
1,205.01
402.75
177.83
118.56
78.23
3,000.00
1,780.00
1,393.90
100.00
Check Total
94,013.00
1,205.01
777.37
3,000.00
3,173.90
100.00
81408 12/19/2002
81409 12/19/2002
81410 12/19/2002
81411 12/19/2002
81412 12/19/2002
81413 12/19/2002
81414 12/19/2002
81415 12/19/2002
81416 12/19/2002
003347 FIRST BANKCARD CENTER
001135 FIRST CARE INDUSTRIAL MED (
005808 FRED LAMB DESIGN
003946 G T ENTERTAINMENT
005768 GLOBAL ELECTRIC MOTOR CA
004404 GODBE RESEARCH & ANALYS
000711 GRAPHICS UNLIMITED LITHOG
003640 GRAYNER ENGINEERING
001609 GREATER ALARM COMPANY I
xx-5288:Jones:Pmf Mtgs/Elect./Earth
xx-0902:O'Grady:Library Grant Lobby
xx-3083:Naggar:Con f/Prof Mtgs
xx-6702:Meyer:Prof Mtgs:Educ. Fac.
CR:xx-4117:Hughes:RS CalTrans Pub
xx-2576:Nelson:Libmry Lobby
EE Physical/Drug Screening:RJ/SL/N
EE Physical/Drug Screening:Knoll, R.
EE Physical/Drug Screening:Knoll, R.
Production:High Country Magazine
Parade Announcer Santa Impersonat
Entertainment:Breakfast w/Santa 12/7
6 Battery Replace.:GEM Vehicle:Poli
Open Space Survey:Tem. Voters
2003 Recycling Calendars:TCSD
Consult Svcs:Childmn's Museum
Consult Svcs:Children's Museum
Replace stand:P.D. Storefront Stn
1,171.98
1,142.50
519.90
120.76
56.36
52.22
255.00
169.10
162.45
800.00
300.00
250.00
703.85
16,625.00
11,390.25
833.75
776.25
85.00
3,063.72
586.55
800.00
550.00
703.85
16,625.00
11,390.25
1,610.00
85.00
Page~
apChkLst Final Check List Page: 5
12/19/2002 3:23:07PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81417 12/19/2002 000378 HAFELI, THOMAS
81418 12/19/2002 000186 HANKS HARDWARE INC
81419 12/19/2002 005748 HODSON, CHERYL A.
81420 12/19/2002 004217 HYDRO TEK COMPANY
(Continued)
Description
Amount Paid
Reimb:Comdex 2002:11/19-21
Misc Tools/Equipment:Fire Stn
Payroll Deduction
Misc Parts & Repairs:PW Maint Div
576.48
62.69
22.04
489.41
81421 12/19/2002 000194 ICMARETIREMENTTRUST45 Retirement Contributions
81422 12/19/2002 004833 IMPERIAL PAVING COMPANY I Street Repairs Var City Sites
81423 12/19/2002 001517 INTEGRATED INSIGHTS DBA: H ee assistanceprgm FY02-03
ee assistance prgm FY 02-03
81424 12/19/2002 003266 IRON MOUNTAIN OFFSITE City Backup Off-site Storage
TCSD instructor earnings
002140 JAGUAR COMPUTER SYSTEMS Network Client Services:IS Dept
Network Client Services:IS Dept
81425 12/19/2002 001186 IRWIN, JOHN
81426 12/19/2002
81427 12/19/2002
81428 12/19/2002
81429 12/19/2002
81430 12/19/2002
004912 JOHN LISEE PUMPS INC
002575 JONES, SUSAN W.
003046 K F R O G 95.1 FM RADIO
81431 12/19/2002
81432 12/19/2002
81433 12/19/2002
81434 12/19/2002
Remove/Repair CRC Pool Pump
Rb:New Law/Election Sem:12/11-13
Advertising:Dickens holiday
001667 KELLY TEMPORARY SERVICES Temp Help:Candido, A. PPE 12/01
001282 KNORR SYSTEMS INC
004062 KUSTOM SIGNALS INC
000210 LEAGUE OF CALIF CITIES SAC
004412 LEANDER, KERRY D.
Annual Maintenance:CRC Pool
Annual Maintenance:CRC Pool
Dual KA Antenna:Tern Police-
2003 Membership dues:City Mgr
TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
5,383.65
2,955.00
606.48
582.54
270.00
252.00
871.25
335.24
3,569.30
20.70
320.00
472.50
1,378.43
648.57
5,049.00
15,902.00
452.00
240.00
208.00
Check Total
576.48
62.69
22.04
489.41
5,383.65
2,955.00
1,189.02
270.00
252.00
1,206.49
3,569.30
20.70
320.00
472.50
2,027.00
5,049.00
15,902.00
900.00
Page5
apChkLst Page: 6
12/19/2002 3:23:07PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81435 12/19/2002 003726 LIFE ASSIST INC
81436 12/19/2002
81437 12/19/2002
81438 12/19/2002
81439 12/19/2002
81440 12/19/2002
81441 12/19/2002
81442 12/19/2002
81443 12/19/2002
81444 12/19/2002
81445 12/19/2002
81446 12/19/2002
81447 12/19/2002
81448 12/19/2002
81449 12/19/2002
81450 12/19/2002
81451 12/19/2002
005814 LOZANO, KlM
003782 MAIN STREET SIGNS
004141 MAINTEX INC
Final Check List
City of Temecula
(Continued)
Description
Misc Paramedic Supplies:Fire
Misc Paramedic Supplies:Fire
Misc Paramedic Supplies:Fire
Refund:Art-Creative Drawing 0220.206
Citywide street signs
West Wing Custodial Supplies
City Hall Custodial Supplies
001967 MANPOWER TEMPORARY SER temp help w/e 12/1 Dankworth
005816 MARAIA, LAURA J.
002693 MATROS, ANDREA
005817 MC CUSKER, JOHN
REFUND:FIELD RENTAL
TCSD INSTRUCTOR EARNINGS
Refund:43744 Calle De Velardo
001868 MIYAMOTO-JURKOSKY, SUSAN TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
001892 MOBILE MODULAR
000883 MONTELEONE EXCAVATING
002257 MOST DEPENDABLE FOUNTAI
Dec modular bldg rental:Fire Stn 92
Erosion ContmhLa Paz/79S
var parks drinking fountain parts
002727 MUNICIPALMGMTASSOCIATIO annualmbrshpdues:A.Adams
003039 MURRIETA VALLEY HIGH SCH Dickens hol. camling:12/7, 14
002925 NAPA AUTO PARTS pa~ts/supplies:Fim Prev vehicles
003964 OFFICE DEPOT BUSINESS SVS Office supplies for Planning
002105 OLD TOWN TIRE & SERVICE
City vehicle maint/repair svcs
City vehicle maint~repair svcs
City vehicle maint/repair svcs
City vehicle maint/repair svcs
Amount Paid
509.44
53.63
28.96
27.00
304.39
90.77
90.77
340.56
10.00
249.60
995.00
470.40
379.20
777.95
3,900.00
476.48
50.00
300.00
152.40
358.89
116.33
82.32
73.48
65.00
Check Total
592.03
27.00
304.39
181.54
340.56
10.00
249.60
995.00
849.60
777.95
3,900.00
476.48
50.00
300.00
152.40
358.89
337.13
Page~
apChkl..st Final Check List Page: 7
12/19/2002 3:23:07PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81452 12/19/2002
81453 12./19/2002
81454 12/19/2002
81455 12/19/2002
81456 12/19/2002
81457 12/19/2002
81458 12/19/2002
81459 12/19/2002
81460 12/19/2002
81461 12/19/2002
81462 12/19/2002
81463 12/19/2002
81464 12/19/2002
81465 12/19/2002
81466 12/19/2002
81467 12/19/2002
81468 12/19/2002
005819 ORANGE CO DA FAMILY SUPP
005656 PAPA
000359 PARKER, HERMAN
(Continued)
Description
Amount Paid
000253 POSTMASTER
000254 PRESS ENTERPRISE COMPAN
support pmt
Papa sem:D.Thurman:01/29
Reimb:NRPA Cf:10/15-19/02
001958 PERS LONG TERM CARE PROG ee long-term premium
Express mail & postal svcs
Nov Dickens holiday ads
Nov var public ntcs:Planning
004627 PUBLIC SAFETY TECHNOLOGIE Rad[orentals:WinterWonderland
281.25
55.00
38.96
227.08
89.35
1,893.50
467.12
215.46
004529 QUAID HARLEY-DAVIDSON
004453 R C ENTERPRISES
004457 R J NOBLE COMPANY
002072 RANCHO CALIF WATER DIST
000262 RANCHO CALIF WATER DIST
P.D. motorcycle repair/maint svcs
Self inking stamp:Finance
Rubber signature stamp:Finance
Prgs pmt #4:Pavement rehab:PW020
Reimb:aerial imagery/elevation data
Various water meters
1,491.11
25.86
15.09
42,693.38
157,300.00
3,903.76
002654 RANCHO FORD LINCOLN MERC 2003 FORD RANGER TRUCK~
2003 FORD RANGER TRUCK~
2003 FORD RANGER TRUCK~
2003 FORD RANGER TRUCK~
000947 RANCHO REPROGRAPHICS dupl blueprints:Pechanga Pkwy
dupi bluepdnts:Pechanga Pkwy
4" scale for CIP Div.
dupl blueprints:R.C. Rd Widening
005815 RB BACKHOE & DUMPTRUCK S Refund:40520 La Colima Rd
22,115.69
22,115.69
18,507.11
18,507.11
713.47
667.67
11.58
9.89
500.00
003591 RENES COMMERCIAL MANAGE Weed spraying on City properties
002110 RENTAL SERVICE CORPORATI equiprental:PWMaintDiv
5,310.00
210.35
Check Total
281.25
55.00
38.96
227.08
89.35
2,360.62
215.46
1,491.11
40.95
42,693.38
157,300.00
3,903.76
81,245.60
1,402.61
500.00
5,310.00
210.35
Page~
apChkLst Page: 8
12/19/2002 3:23:07PM
Bank: union UNION BANK OF CALIFORNIA
Check# Date
81469 12/19/2002
81470 12/19/2002
81471 12/19/2002
81472 12/19/2002
81473 12/19/2002
81474 12/19/2002
81475 12/19/2002
81476 12/19/2002 001097 ROADLINE PRODUCTS1NC
81477 12/19/2002 005227 SAN DIEGO COUNTY OF
81478 12/19/2002 000645 SMART & FINAL INC
Final Check List
City of Temecula
(Continued)
Vendor Description
002412 RICHARDS WATSON & GERSH£ Oct 2002 legal services
Oct 2002 legal services
Credit:no back-up documentation
000266 RIGHTWAY equip rental:Paseo Park
000267 RIVERSlDECOFIREDEPARTME Jul-Sept02:fireservices
000268 RIVERSIDE CO HABITAT May 2002 K-Rat payment
001592 RIVERSIDE CO INFO TECHNOL( Oct P.D. radio repair/maint svcs
staff trn:Excel 2:B. Obmann
staff trn:Word 4:B. Obmann
000955 RIVERSIDE CO SHERIFF SW ST Race for Cure patrol svcs:10/20
Tractor Race patrol svcs:10/5-6
000406 RIVERSIDE CO SHERIFFS DEP 9/19-10/16/02:lawenfomement
81479 12/19/2002 002536 SMITH, ZENAIDA B.
81480 12/19/2002 000374 SO CALIF EDISON
81481 12/19/2002 000537 SO CAL~F EDISON
81482 12/19/2002 001212 SO CALIF GAS COMPANY
81483 12/19/2002 000282 SO CALIF MUNICIPAL ATHLETI
parts/supplies:PW patch trk
support pmt
Supplies for Electric Light Parade
Rec. Supplies for High Hopes
Rec, Supplies for High Hopes
Reimb:CMBTA Cf:10/15-17/02
Install st. Fight glare shield:Fox Rd
11/1-12/1 2-01-202-7330 st. lamps
Nov 2-00-397-5059 various mtrs
Dec City facilities gas meters
Dec 095-167-7907-2 Stn 84
mbrshp dues:C. McCarthy:#1788
mbrshp dues:J. Pellet[er:#636
mbrshp dues;J. Willcox:#1792
Amount Paid
137,863.38
54.87
-75.68
60.78
613,742.13
13,380.00
954,88
130.00
130.00
6,200.96
5,594.48
652,631.57
263.32
107.00
233.23
145.31
110.27
20.12
219.14
36,302.96
8,723.86
3,163.09
163.85
50.00
50.00
50.00
Check Total
137,842.57
60.78
613,742.13
13,380.00
1,214.88
11,795.44
652,631.57
263.32
107.00
488.81
20.12
219.14
45,026.82
3,326.94
150.00
Pages
apChkLst Final Check List Page: 9
12/19/2002 3:23:87PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81484 12/19/2002 000519 SOUTH COUNTY PEST CONTR(~ CRC pest control svcs
Pest Control Svcs: Museum
Pest contml svcs:Fire Stn 92
Pest Control Svcs: Chapel
pest control svcs:caboose
81485 12/19/2002 004496 SPARKS EXHIBITS& ENVIRONk SEP PRGS PMT:CHILDREN'S MUSEI
OCT PRGS PMT:CHILDREN'S MUSE
81486 12J19/2002 004163 SPORTS CHALET P.D. bicycle repair/maint svcs
81487 12/19/2002 000574 SUPERTONER
81488 12/19/2002 000305 TARGET STORE
81489 12/19/2002 004397 TEMECULAAUTO BODY & PAl
HP Printer Supplies
HP Printer Supplies
HP Printer Supplies
Rec. Supplies for Sr Ctr
supplies for Winter Wonderland
City vehicle repair:Code Enf.
81490 12/19/2002 001672 TEMECULA DRAIN SERV & PLU Sr Ctr plumbing svcs
Sr Ctr plumbing svcs
81491 12/19/2002 000307 TEMECULA TROPHY COMPAN Awards for Sports Leagues
81492 12/19/2002 004274 TEMECULA VALLEY SECURITY, var parks lecksmith svcs
81493 12/19/2002 003598 TEMECULA VINTAGE SINGERS entertainment:Dickens hoL:12/21
81494 12/19/2002 003849 TERRYBERRY COMPANY
81495 12/19/2002 005812 THOREAU INSTITUTE, THE
81496 12/19/2002 005567 TOTLGEARLLC
81497 12/19/2002 000978 TRAUMA INTERVENTION PRG
ee service awards
EMPLOYEE SERVICE AWARDS (P
"Vanishing Automobile" CD
Awards for Sports leagues
2nd qtr emerg.response vol.prgm
81498 12/19/2002 003228 U S BANK TRUST NATIONALAS Trustee Admin Fees:2001 COP
81499 12/19/2002 001065 U S C M WEST (DEF COMP)
81500 12/19/2002 000389 U S C M WEST (OBRA)
ee deferred comp plan
P/T ee retirement
Amount Paid
84.00
42.00
42.00
32.00
29.00
73,027.00
30,715.00
19.37
2,326.86
222.56
48.49
73.81
30.76
578.16
65.00
65.00
96.98
44.57
200.00
2,667.97
167.44
15.95
249.98
1,920.00
4,150.00
17,305.49
2,304.78
Check Total
229.00
103,742.00
19.37
2,597.91
104.57
578.16
130.00
96.98
44.57
200.00
2,835.41
15.95
249.98
1,920.00
4,150.00
17,305.49
2,304.78
Page~
apChkLst
12/19/2002 3:23:07PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81501 12/19/2002 002065 UNISOURCE
81502 12/19/2002
81503 12/19/2002
81504 12/19/2002
81505 12/19/2002
81506 12/19/2002
81507 12/19/2002
81508 12/19/2002
81509 12/19/2002
81510 12/19/2002
81511 12/19/2002
81512 12/19/2002
Final Check List
City of Temecula
(Continued)
Description
paper supplies for central svcs
color paper for central services
003043 UNITED CHURCH OF THE VALL performances:DickenshoL:12/8, 15
004846 UNITED GREEN MARK INC
000325 UNITED WAY
004794 VALLEY WINDS COMMUNITY B entertainment:Dickenshol.:12/7
004261 VERIZON CALIFORNIA
slope irrigation supplies
Employee contributions
004200 VERIZON WIRELESS LLC
003730 WESTCOASTARBORISTS INC
005706 WESTERN PACIFIC SIGNAL LL
000621 WESTERN RIVERSIDE COUNC
003756 WHITE HOUSE SANITATION
005818 ZARATE, SALVADOR
Amount Paid
DEC XXX~5072 GENERAL USAGE
DEC XXX-0073 GENERAL USAGE
NOV XXX-5029 GENERAL USAGE
DEC XXX-1941 GENERAL USAGE
12/15-3/14/03 pager rental:Stone
Citywide Tree Trimming Svcs
Sales tax for inv# 3764
FY 02/03 Litter removal campaign
RESTROOM MAINTENANCE AT SR (
Cleaning svcs:Btrfld Stage R.R.
Refund:Sec deposit
461.74
370.14
400.00
130.10
250.80
150.00
6,281.30
1,666.57
687.11
56.79
39.27
4,743.20
43.09
5,000.00
295.00
50.00
100.00
Sub total for UNION BANK OF CALIFORNIA:
Page: 10
Check Total
831.88
400.00
130.10
250.80
150.00
8,691.77
39.27
4,743.20
43.09
5,000.00
345.00
100,00
2,482,165.71
Page:10
apChkLst Final Check List Page: 11
12/1912002 3:23:07PM City of Temecula
155 checks In this report.
Grand Total All Checks: 2,482,165.71
Page:l 1
apChkLst Final Check List Page: 1
01103/2003 3:03:47Piti City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
70 01/02/2003 000642 TEMECULACITY FLEXIBLE
71 01/02/2003
Description
Amount Paid
Employee contribution to flex
7,598.62
46,346.35
48,501.49
12,750.85
55,706.00
268,217.69
3,582.36
1,483.50
201.99
2,082.50
3,292.85
1,716.60
100.00
641.90
320.90
1,959.50
229.95
88.36
8,645.22
000246 PERS (EMPLOYEES' RETIREME ee Pets Retirement
72 01/02/2003 000245 PERS (HEALTH INSUR. PREMIU Jan ee health insurance
73 01/02/2003 000444 INSTATAX (EDD)
74 01/02/2003 000283 INSTATAX (IRS)
81513 12/30/2002 000128 CALSURANCEASSOClATES I
81514 01/02/2003 002185 POSTMASTER-TEMECULA
81515 01/03/2003 003552 A F LAC
81516 01/03/2003 000745 A T & T WIRELESS SERVICES
81517 01/03/2003 003304 ADAMS ADVERTISING INC
Employees state pr taxes
Employees fed pr taxes
Excess Liab/Muni Liab/Auto Phys
mai]ing:Wtr/Spr TCSD Brochures
Supplemental Std & Cancer Insurance
Dec:lP Address:iS
Billboard Rental:Old Town Temecula
81519 01/03/2003 005735 AEROSURF INC
81520 01/03/2003 005147 ALPHA OMEGA
81521 01/03/2003 002877 ALTA LOMA CHARTER LINES
81618 01/03/2003 003802 ADOLF KIEFER & ASSOCIATES Kiefer TOT Dock: Aquatics Pgrm
Wireless Svcs:RR/SP/JS/:IS
Ref:Cleaning Deposit:MS02-3309
Electric Light Bus Tour:12/15
Electric Light Bus Tour:12/11
81522 01/03/2003 002527 AMERICAN FLAG AND BANNER 3'x5' Flags:Old Town
81523 01/03/2003 004787 AMERIMARK DIRECT
81524 01/03/2003 005772 AMTEK INC
81525 01/03/2003
Pencils:Calendar participant recogn
Cell Accessories:IS Dept
002187 ANIMAL FRIENDS OF THE VALL Nov:Animal Control Svcs.
Check Total
7,598.62
46,346.35
48,501.49
12,750.85
55,706.00
268,217.69
3,582.36
1,483.50
201.99
2,082.50
3,292.85
1,716.60
100.00
962.80
1,959.50
229.95
88.36
8,645.22
Page:l
apChkLst Final Check List Page: 2
01/03/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81526 01/03/2003 000101 APPLE ONE, INC.
81527 01/03/2003 005590 ARMSTRONG & BROOKS
81528 01/03/2003 001323 ARROWHEAD WATER INC
(Continued)
Description
Temp Help:Acosta, A. PPE 12/14
Temp Help:Kissam PPE 12/14
Temp help:Kau, L. PPE 11/23
Temp help:Kau, L PPE 11/16
Temp Help:Atkinson, D. PPE 10/26
Temp Help:Acosta, A. PPE 12/07
Temp help:Kau, L PPE 11/30
Temp Help:Cole, P. PPE 12/14
Temp help:Kau, L. PPE 11/09
Eng Svcs:Vail Ranch Park Site C
Drinking Water:T.V. Museum
Drinking Water:City Hall
Drinking Water:Maint Facility
Drinking Water:CRC
81529 01/03/2003 002648 AUTOCLUB OFSOUTHERN CA renewACSC Mbrshp:Hudson, M.
81530 01/03/2003 004206 BANUELOS, TERESA
Nov:TOSD instructor earnings
81531 01/03/2003 002541 BECKER CONSTRUCTION SRV Emerg. Repair:Rnbw Cyn @ City Lira
81532 01/03/2003 005628 BIG CITY SIGNS
81533 01/03/2003 003817 BLUE RIDGE MEDICAL
81534 01/03/2003 005416 BOUNDTREE MEDICAL LLC
81535 01/03/2003 005828 BOYSCOUTSOFAMER]CA, TR
81536 01/03/2003 005827 BRATTON, CAROL S.
Fac Imp Prgm: Fuzzy Elephant:Gotes
Misc Paramedic Supplies:Fire
Triage Tarps:Medic Pgrm:OTS Grant
Ref:Sec Dep:CRC Rm Rental
Refund Sec Dep:CRC Rm Rental
81537 01/03/2003 004176 BROADWING TELECOMMUNICA Long Distance &Intemet Svcs:lS
81538 01/03/2003 002099 BUTTERFIELD ENTERPRISES Declease:restroom:OId Town
81539 01/03/2003 004248 CALIF DEPTOFJUSTICE/ACCT Fingerprint Info:New EE Recruitments
81540 01/03/2003 005830 CALIF STATE DEPT OF SOCIAL Ref:Sec Dep:CRC Rm Rental
Amount Paid
1,153,40
780.00
520.00
416.00
338.00
1,182.00
312.00
273.00
247.00
2,687.64
35.98
284.05
100.81
57.79
44.00
170.00
2,765.00
1,226.02
454.05
146.54
100.00
100.00
1,195.00
826.00
126.00
100.00
Check Total
5,221.40
2,687.64
478.63
44.00
170.00
2,765.00
1,226.02
454.05
146.54
100.00
100.00
1,195.00
826.00
126.00
100.00
Page2
apChkLst Final Check List Page: 3
01/03/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81541 01/03/2003 004228 CAMERON WELDING SUPPLY
Amount Paid
Helium tanks refill:TCSD
25.70
1,193.50
6,727.20
637.40
25.26
165.00
100.00
150.00
4,410.93
325.00
354.50
615.50
198.50
109.18
9,884.60
5,192.40
75.00
40.00
129.30
81542 01/03/2003 003554 CANADA LIFE ASSURANCE CO Life insurance pmmium
81543 01/03/2003 004971 CANON FINANCIAL SERVICES, I Jan:Canon Copier Svc:Fire Stn 83
81544 01/03/2003 000131 CARLWARREN & COMPANY I
81545 01/03/2003 002534 CATERERS CAFE
81546 01/03/2003 004381 CENTER FOR HEALTHCARE
81547 01/03/2003 005829 CHABADOFTEMECULAVALL
81548 01/03/2003 003047 CHAPARRAL HIGH SCHOOL
Nov:Claim Adjuster Svcs:Finance
Refshmnts:lnterview Panel:Fire
ACLS Instructor Cert:Bmndt, M.
Ref:Sec Dep:CRC Rm Rental
Entertainment Dickens Holiday 12/7
81549 01/03/2003 003021 CINGULARWIRELESS(CELLPi- 11/09-12/08 Cellular Phone Svcs
81550 01/03/2003 005836 CODY, JOSEPH
81551 01/03/2003 004626 COMFORT ZONE FURNITURE
81552 01/03/2003 003151 COMMERCIAL TRANSPORTATI
81553 01/03/2003 004405 COMMUNITY HEALTH CHARI
Refund:Admin Citation #21446
Recliner:Fira Station #92
12/10 CDL Wkshp Sem:JS/ML/AP,/RT:
EE Charities Contributions
81554 01/03/2003 004414 COMMUNITY WORKS DESIGN C- Oct:ProfLandscapeDesign:DiazRd
81555 01/03/2003 003739 COTTON BRIDGES ASSOCIATE 10/08-10/25 Prof Svcs:Tem Gen Plan
10/26-11/22 Prof Svcs:Tem Gert Plan
81556 01/03/2003 002631 COUNTS UNLIMITED INC
81557 01/03/2003 005834 CURTIS, BEVERLY
81558 01/03/2003 003561 DFMASSOCIATES
Pmf Svcs:Cit~vide Traffic Count Data
Ref:Museum Ex-Getty Museum
2003 CA Elections Code Bk:CClk
Check Total
25.70
1,193.50
6,727.20
637.40
25.26
165.00
100.00
150.00
4,410.93
325.00
354.50
615.50
198.50
109.18
14,877.00
75.00
40.00
129.30
Page3
apChkLst Final Check List Page: 4
01/03/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81559 01/03/2003 003272 DAISYWHEEL RIBBON COMPAr Plotter Paper & Ink:GIS
Amount Paid
105.93
Check Total
105.93
81560 01/03/2003 001233 DANS FEED & SEED INC PropaneGas:PublicWorksMaintDiv
22.55
22.55
81561 01/03/2003 004382 DEKRA LITE INC
Colored Lite Bulbs/Strands:HoL Tree
304.88
304.88
81562 01/03/2003 004450 DENNISA HIBBERT PLUMBING PLUMBING SRVCS:WEDDING CHAP
550.00
550.00
81563 01/03/2003
81564 01/03/2003
004294 DIVERSIFIED LANDSCAPE CO.
004192 DOWNS COMMERCIAL FUELI
Dec svcs:Pala Habitat Restoration
Landscape Mulch:l-15/Ranch CA Rd/7
Fuel for City Vehicles
3,600.00
960.00
599.49
4,560.00
599.49
81565 01/03/2003 001669 DUNN EDWARDS CORPORATI Paint/Misc Supplies Graffiti Removal:P
57.00
57.00
81565 01/03/2003
81567 01/03/2003
001380 E S I EMPLOYMENT SERVICES
002390 EASTERN MUNICIPAL WATER E
Montecino temp help PPE12/13
Bragg temp help PPE 12/13:CIP Div
Cammarota temp help PPE 12/13:HR
Martinez temp help PPE 12/13
TEMP HELP - OFC ASST & BLDG IN
Rosa tamp help PPE 12/13
Rosales temp help PPE 12/13
Obmann temp help PPE 12/13
Kanigowski temp help PPE 12/13
McClanahan/Ching tamp help PPE 11
TEMP HELP - OFC ASST & BLDG iN
Hansen temp help PPE 11/29
Hansen tamp help PPE 12/13
McClanahan/Ching temp help PPE 12
McCoy temp help PPE 12/13
Naaseh temp help PPE 11/29
McCoy temp help PPE 11/29
95366-02 Diego Dr Ldsc.
1,109.60
935.55
642.26
1,235.20
1,178.75
1,134.02
1,864.00
1,808.00
1,259.36
2,421.05
2,359.11
2,219.28
2,691.54
2,594.63
2,575.64
6,392.00
2,889.12
55.96
35,319.12
55.96
81568 01/03/2003
81569 01/03/2003
005052 EMCOR SERVICE
003665 EMERITUS COMMUNICATIONS
HVAC Repair:City Hall
HVAC Repair:City Hall
Nov:Long Distance Phone Svcs
211.25
65.00
540.29
276.25
540.29
81570 01/03/2003 003171 EMPIRE ECONOMICS LLC Consulting Svcs:Wolf Creek CFD
9,500.00
9,500.00
Page~
apChkLst Final Check List Page: 5
01/03/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81571 01/03/2003 005115 ENTERPRISERENTACARINC Van Rental:Holiday Lights Tour
81572 01/03/2003 005251 EQUIPMENT REPAIR SERVICE
81573 01/03/2003 001056 EXCEL LANDSCAPE
81574 01/03/2003 005586 FACTS
Mobile Equip/Truck Repairs:PW Maint
Mobile Equip/Truck Repairs:PW Maint
Irrigation Repairs:Winchester Creek
Irrigation Repairs:Overland
Irrigation Repairs:La Serena
Irrigation Repairs:Vail Ranch Pkwy
Irrigation Repairs:Var. Slope Sites
Ref:Sc=c Dep:CRC Rm Rental
81575 01/03/2003 000478 FASTSIGNS
81578 01/03/2003 005280 FEDERAL SIGNAL CORPORATI(
Banners Halloween Camiva110/26
Banner & VIP Signs for Parade
Vehicle No./City Seal install:#O3-088P
Stinger Spike System:Police
81577 01/03/2003 004310 FEDEX GROUND INC
81578 01/03/2003 002832 FENCE BUILDERS
Ground Express Pkg Svcs
Ground Express Pkg Svcs
Ground Express Pkg Svc
Res Imp Prgm:Coyle, Scott & Tami
81579 01/03/2003 005747 FIRE SERVICE SPECIFICATION AirbagCovers/RescuersGuide:Fire
81580 01/03/2003 000166 FIRSTAMERICANTITLECOMP,a
81581 01/03/2003 001135 FIRST CARE INDUSTRIAL MED (
Lot Book Reports:Res Imp/FTHB Pgr
Lot Book Reports:Res Imp/FTHB Pgr
pre-employment physicals
81582 01/03/2003 004239 FISHER MERRIMAN SEHGALY,~
81583 01/03/2003 003281 FOREMOST FIRE PROMOTION
81584 01/03/2003 000170 FRANKLIN QUEST COMPANY I
81585 01/03/2003 000795 FRED PRYOR SEMINARS/CARE
ARCHITECTUAL DESIGN:OLD TOW
ARCHITECTUAL DESIGN:OLD TOW
Public Educ Materials:Fire:truck
Public Educ Materials:Fire;cross
Daily Planners: B & S
Daily Planner Refill: B & S
Franklin Supplies:Planning
E.W. Reading Dyn:Obmann:01/23
81586 01/03/2003 004944 FULLCOURTPRESS
500 W-2 Forms & Env:Finance Dept
Amount Paid
284.18
526.85
337.00
182.21
152.43
79.34
246.30
186.57
100.00
589.85
292.29
66.59
454.49
190.57
122.13
248.36
4,383.00
2,192.71
1,050.00
450.00
85.00
18,900.00
264.77
293.62
292.24
240.69
53.34
51.68
149.00
357.17
Check Total
284.18
863.85
846.85
100.00
948.73
454.49
561.06
4,383.00
2,192.71
1,500.00
85.00
19,164.77
585.86
345.71
149.00
357.17
Page5
Final Check List Page: 6
City of Temecula
apChkLst
01/03/2003 3:03:47PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81587 01/03/2003 005821 GORDON, JOHANNA
81588 01/03/2003 002659 GOVERNING
81589 01/03/2003
81590 01/03/2003
81591 01/03/2003
81592 01/03/2003
(Continued)
Description
Ref Sec Dep:Gordon:MS02-2954
Annual Subscription:Thornhill:Plan
Amount Paid
005311 H20 CERTIFIED POOL WATER ,( CRC - Swimming Pool Maint Svc
100.00
16.00
1,200.00
761.66
100.00
004053 HABITAT WEST INC
005831 HADJIS, MARClNA
000186 HANKS HARDWARE INC
81593 01/03/2003 005826 HAUGHT, MIYUKI
81594 01/03/2003 000116 HEALTHNETDENTALANDVI
81595 01/03/2003 003106 HERITAGE SECURITY SERVIC
81596 01/03/2003 005833 HERMAN, DELOYCE
81597 01/03/2003 002107 HIGHMARK INC
81598 01/03/2003 005748 HODSON, CHERYL A.
LONG CYN DETENTION BASIN:MAI
Ref:Sec Dep:CRC Rm Rental
Misc Supplies:PW Maint Div
Misc Hardware Supplies:T.V. Museum
Misc Maint Supplies:CRC
Misc Tcols/Equip:Fira Stations
Misc Tecls/Equip:B & S
Misc Maint Supplies:Aquatics
Misc Supplies:PW Maint Div
Mntc supplies:var TCSD sites
Misc Maint Supplies:City Hail
Ref:Tennis-lntar/Adv Adult
19.06
12.31
3.61
76.56
33.34
30.81
456.55
206.15
104.83
60.00
Premium for EE vision plan
934.13
Security Guard Svcs:Special Events
Security/Patrol Svcs:Dirt Prkg Lot
Ref:Cleaning Dep:MS02-2958
98.00
62.50
100.00
Jan '03:City life ins policy hold
560.80
38.57
7,650.72
16,950.00
100.00
612.00
Payroll Deduction
81599 01/03/2003 000194 I C M A RETIREMENT TRUST 45 Retirement contributions
81600 01/03/2003 005683 I S G THERMAL SYSTEMS USA I Truck 73- Kg0 Fire Cam
81601 01/03/2003 004824 INFOPLACEUSA se of the year recogn, cert.
81602 01/03/2003 003670 INLAND OVERHEAD DOOR CON Garage Door Repair:Fire Stn 84
Check Total
100.00
16.00
1,200.00
761.66
100.00
943.22
60.00
934.13
160.50
100.00
560.80
38.57
7,650.72
16,950.00
100.00
612.00
Page~
Final Check List Page: 7
City of Temecula
apChkLst
01/03/2003 3:03:47PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81603 01/03/2003 005837 INNISS, JASMINE
81604 01/03/2003
81605 01/03/2003
81606 01/03/2003
81607 01/03/2003
81608 01/03/2003
81609 01/03/2003
81610 01/03/2003
81611 01/03/2003
81612 01/03/2003
81613 01/03/2003
81614 01/03/2003
81615 01/03/2003
81616 01/03/2003
81617 01/03/2003
81618 01/03/2003
81619 01/03/2003
(Continued)
Description
Ref:Dance-Ballroom
001407 INTER VALLEY POOL SUPPLY I Pool Sanitizing Chemicals:Aquatics
005822 INTERNET CORP LISTING SER¥ Annual Web Search Engine 01/03-12
000388 INTL CONFERENCE BLDG OFFI{ New ICBO Code Books: S & S
2001 Fire & Bldg Codes:Fire Prev
Uniform BIdg Code Pt 2 Vol I
002776 INTOUCH AMERICA Nov:Cellular Svcs:City Van
Nov:Cellular Svcs:Sr Van
005823 J C PENNEY Cert:EE of the Year Recogn:RP
002140 JAGUAR COMPUTER SYSTEMS Novell Netware Lic./Maint.
003046 K F R O G 95.1 FM RADIO Advertising for Dickens Holiday
Advertising for Dickens Holiday
Advertising for Dickens Holiday
005835 KAUFMANN, GEORGE Refund:Admin Citation #46344
005824 KB HOME COASTAL INC. Ref:Adv Energy Fee Overpayment
002424 KELLEY DISPLAY INC Banners:Rod Run:Econ Dev
001667 KELLY TEMPORARY SERVlCES TempHelp:R.FrancisPPE12/15
001091 KEYSERMARSTONASSOCIAT Nov:ProfSvcs:WeltyBIdgRehab.
Nov:Prof Svcs:Afford. Housing Dev.
001282 KNORR SYSTEMS INC Pool Maint Supplies/Equip:Aquatics
Annual Mainten;mce:CRC Pool
005825 LANGE, TODD & LORI Reimb:Res Improv Pgrm:Lange
005832 LAWTON, KATHY Ref:Cleaning Dep:MS02-3290
005846 LEAGUE OF CALIF CITIES, LLC I Annual City Membership Dues
Amount Paid
20.00
163.24
23.50
5,087.87
3,067.57
855.50
27.27
27.27
100.00
13,377.70
295.00
295.00
295.00
325.00
276.00
1,553.78
2,173.50
273.75
6,010.01
35.03
1,032.89
800.00
100.00
100.00
Check Total
20.00
163.24
23.50
9,010.94
54.54
100.00
13,377.70
885.00
325.00
276.00
1,553.78
2,173.50
6,283.76
1,067.92
800.00
100.00
100.00
Paget
apChkLst Final Check List Page: 8
01/03/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81620 01/03/2003 005838 LEONHART, DIANNE
81621 01/03/2003 003726 LIFE ASSISTINC
81622 01/03/2003
81623 01/03/2003
81624 01/03/2003
81625 01/03/2003
002664 MAR CO INDUSTRIES INC
005765 MATCH POINT OF SAN DIEGO
005855 MEIER, THOMAS
005841 MEN'S WAREHOUSE
81626 01/03/2003
81627 01/03/2003
81628 01/03/2003
81629 01/03/2003
81630 01/03/2003
81631 01/03/2003
81632 01/03/2003
81633 01/03/2003
81634 01/03/2003
81635 01/03/2003
81636 01/03/2003
(Continued)
Description
Ref:Cleaning Dep:MS02-3172
Paramedic Supplies:Fire
Paramedic Supplies:Fire
Paramedic Supplies:Fire
factory cat scrubber/batteries
Pala prk tennis court wind screens
Refund:Sec. Deposit:6/24/02
ee of the year mcogn award
Amount Paid
003076 MET LIFE INSURANCE COMPAN City dental insurance
004208 MILANOS Qtry PW mtg:12/11
100.00
353.43
118.19
8.41
1,278.49
2,592.00
100.00
100.00
001384 MINUTEMAN PRESS
005853 MOMS CLUB - SOUTH
004586 MOORE FENCE COMPANY
003974 MOTIF BARBERSHOP QUARTE
6,764.07
363.40
004002 MILNER SIGNS Fac imprv prgm:Jacks Gallery
003163 MINOLTA BUSINESS SYSTEMS copier svc/supplies:Cashier's office
freight charges for toner
copier svcs/supplies:Sr Ctr
Business Cards:P. Ramos
Business cards:W. Ott
Ref und:Sec. Deposit:12/18/02
Res Imp Prgm: Bevell
Entertainment Dickens Hol.:OId Town
002727 MUNICIPALMGMTASSOCIATIO membershipdues:G. Yates
001986 MUZAK INC Jan broadcast music:Old Town
002925 NAPA AUTO PARTS City vehicle parts/supplies
180.00
273.00
10.73
353.00
114.86
42.83
100.00
2,275.00
400.00
50.00
59.50
16.63
Check Total
100.00
480.03
1,278.49
2,592.00
100.00
100.00
6,764.07
363.40
180.00
636.73
157.69
100.00
2,275.00
400.00
50.00
59.50
16.63
Page~
apChkLst Final Check List
01/03/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81637 01/03/2003 002100 OBJECT RADIANCE INC
81638 01/03/2003 002105 OLD TOWN TIRE & SERVICE
81639 01/03/2003 002668 OMEGA LAKE SERVICES
81640 01/03/2003
81641 01/03/2003
81642 01/03/2003
81643 01/03/2003
81644 01/03/2003
81645 01/03/2003
81646 01/03/2003
81647 01/03/2003
81646 01/03/2oo3
81649 01/03/2003
Amount Paid
TCSD Instructor Earnings
TCSD instructor Earnings
TCSD Instructor Earnings
City vehicle maint/repair svcs
City vehicle maint/repair svcs
City vehicle maint/repair svcs
City vehicle maintJrepair svcs
City vehicle maint/repair svcs
TEMECULA DUCK POND WATER Q
001171 ORIENTALTRADINGCOMPANY Recreation Supplies for TCC
005152 PACIFIC PRODUCTS & SERVICE Sign Post Anchors:PW mtnc
004852 PACIFIC PROFILES GROUP
005850 PAISNER, WILLIAM
004538 PAULEY EQUIPMENT COMPAN
004805 PEACOCK ENTERPRISES INC
Nov mgmt training mtgs
Refund:Sec. Deposit: 12./08/02
Kawasaki mule rental:Hol. Parade
Viewsonic 18 Inch LCD
001958 PERS LONG TERM CARE PROG ee long term benefits
000249 PE3-rY CASH
000252 POLYCRAFT INC
005820 PRE-PAID LEGAL SERVICES I
Petty cash reimbursement
Qty 6 - 14" City Seal Decals~
ee pre-paid legal svcs
81652 01/03/2003 004529 QUAID HARLEY-DAVIDSON
81653 01/03/2003 000635 R & J PARTY PALACE
81650 01/03/2003 005075 PRUDENTIAL OVERALL SUPPL Uniforms:TCSD Maint Crews
Credit:Incorrect bill rate:C.H.
81651 01/03/2003 004627 PUBLIC SAFETY TECHNOLOGIE Radiorentals:Hol. parade:12/13
P.D. motorcycle repair/mntc svcs
equip:tree lighting ceremony:12/5
20 X 30 TENT FOR SANTA'S ELECTF
614.40
614.40
313.60
51.00
51.00
319.10
178,12
132.45
800.00
115.80
1,415.00
1,400.00
100.00
49.50
694.99
227.08
918.61
301.70
127.60
776.40
-14.00
377.09
32.77
1,203.10
464.50
Page: 9
Check Total
1,542.40
731.67
800.00
115.80
1,415.00
1,400.00
100.00
49.50
694.99
227.08
918.61
301.70
127.60
762.40
377.09
32.77
1,667.50
Page9
apChkLst Final Check List Page: 10
01103/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81654 01/03/2003 005563 R E FLEMING CONSTRUCTION I Childran's Mus. Bldg Shell Imprv
Amount Paid Check Total
81,407.74 81,407.74
81655 01/03/2003
81656 01/03/2003
000981 R H FINC
002612 RADIO SHACK INC
mpair/maint P.D. radar equipment
repair/maint P.D. radar equipment
rapair/maint P.D. radar equipment
repair/maint P.D. radar equipment
repair/maint P.D. radar equipment
repair/maint P.D. radar equipment
repair/maint P.D. radar equipment
repair/maint P.D. radar equipment
repair/maint P.D. radar equipment
repair/maint P.D. radar equipment
Misc Computer Supplies
163.04
100.00
50.00
50.00
50.00
50.00
81.09
55.26
50.00
259.14
58,98
908.53
58.98
81657 01/03/2003 005852 RAMONAVNA& HOSPICE Refund:Sec.Deposit:11/19/02
100.00
100.00
81658 01/03/2003 000262 RANCHO CALIF WATER DIST Various water meters
Dec 01-99-02003-0 Fioating mtr
Dec 02-79-10100-1 NW Sports Pk
81659 01/03/2003 005849 READY SET GROW PRESCHOO Refund:Sec. Deposit:11/27/02
5,084.00
377.38
71.93
100.00
5,533.31
100.00
81660 01/03/2003 003591 RENES COMMERCIAL MANAGE Citywide Channel weed spraying
3,450.00
3,450.00
81661 01/03/2003 002110 RENTAL SERVICE CORPORATI Equip rental for PW Mntc
Credit:sales tax chrgd:labor/frt
81662 01/03/2003 005854 REYES, IMELDAC. Refund:Sec. Deposit:12/14/02
396.16
-8.53
100.00
387.63
100.00
81663 01/03/2003 005844 REYNOLDS, REA
Refund:Art-Creative Drawing
27.00
27.00
81664 01/03/2003
81665 01/03/2003
000266 RIGHTWAY
000353 RIVERSIDE CO AUDITOR
equip rental:holiday parade: 12/13
equip rental:Lng Cyn Crk Prk
Oct parking citation assessment
524.40
54.39
2,645.00
578.79
2,645.00
81666 01/03/2003 003698 RIVERSIDE CO ECONOMIC FY 02/03 marketing agreement
37,500.00
37,500.00
81667 01/03/2003 000271 ROBERT BEIN WM FROST & A Oct feasibility study:l-15/SR79S
1,250.00
1,250.00
81668 01/03/2003 005842 RODECKER, ERIC
ee computer prgm
1,933.96
1,933.96
Page:lo
apChkLst Final Check List Page: 11
01/03/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81669 01/03/2003 001942 SCSIGNS
(Continued)
Description
Sept posting public ntcs:PIn dpt
Oct posting public ntcs:PIn dpt
Amount Paid
81670 01/03/2003 005227 SAN DIEGO COUNTY OF support prat
715.00
715.00
107.00
81671 01/03/2003 001919 SENIOR CITIZENS SERVICE CE FY 02/03 Corem Svc Fund Awrd
5,000.00
81672 01/03/2003 004609 SHREDFORCE INC
Dec document shredding services
110.00
81673 01/03/2003
81674 01/03/2003
81675 01/03/2003
81676 01/03/2003
000537 SO CALIF EDISON
002503 SOUTH COAST AIR QUALITY
000519 SOUTH COUNTY PEST CONTR£
005851 SOUTHWEST BIBLE COLLEGE
Dec 2-24-151-6582 Ovedand Td
Dec 2-22-496-3439 Winchester
Dec 2-22-057-2226 6th St
Dec 2.00-397-5067 various mtrs
Doc 2-18-937-3152 Museum
Dec 2-11-007-0455 6th St.
Dec 2-00-397-5042 City Hall
Dec 2-19-999-9442 vadous mtrs
Dec 2-14-204-1615 Front St fdic
Dec 2-21-911-7892 S.Side pk lot
Dec 2-21-981-4720 Hwy 79
Dec 2-19-171-8568 Wed Chapel
Dec 2-23-365-5992 Stn 92
Dec 2-22-891-0550 various mtrs
Dec 2-18-049-6416 Front St Ped
Dec 2-02-351-4946 Sr Ctr
Annual emissions fee:Fire Stn 84
renew generator op fees:Stn 84
Pest Control Srvcs: Sr Center
Pest Control Srvcs: City Hall
Pest Control Srvcs: West Wing
Refund:Sec. Deposit:9/09/02
12.96
58.73
54.80
864.38
551.70
338.86
5,828.60
2,304.41
17.30
150.34
69.02
60.07
298.11
247.63
218.04
825.05
75.00
195.89
29.00
56.00
40.00
100.00
81677 01/03/2003 004282 SOUTHWEST TRAFFIC SYSTE PW vehicle light bar/backup alarm
2,515.00
81678 01/03/2003 004420 STATE COMP INSURANCE FUN Dec workers' comp premium
18,927.68
81679 01/03/2003 004570 STEPHEN G WHITE, MAI Wolf Creek CFD appraisal svcs
5,850.00
81680 01/03/2003 005848 SUNRIDGE COMMUNITY CHUR( Refund:Sec. Deposit:9/28/02
116.00
Check Total
1,430.00
107.00
5,000.00
110.00
11,900.00
270.89
125.00
100.00
2,515.00
18,927.68
5,850.00
116.00
Page:11
apChkl, st Final Check List Page: 12
01/03/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81681 01/03/2003
81682 01/03/2003
81683 01/03/2003
81684 01/03/2003
81685 01/03/2003
005856 SUNSTONE AVIATION LLC
000574 SUPERTONER
005847 SUTI-ER, VICKIE
003599 TY LIN INTERNATIONAL
000305 TARGET STORE
81686 01/03/2003
81687 01/03/2003
81688 01/03/2003
81689 01/03/2003
000305 TARGET STORE
000305 TARGET STORE
001547 TEAMSTERS LOCAL 911
000309 TEMECULACOPIERS
81690 01/03/2003 001035 TEMECULA ENVIRONMENTAL
(Continued)
Description
Amount Paid
Refund:Temp Use Permit
Jan printer mtnc svcs
Refund:Sec. Deposit:l 1/02/02
Nov dsgn svcs:R.C. Widening
Winter Wonderland supplies
Rec class supplies for High Hopes
Winter Wonderland Supplies
Rec supplies for teen prgm
Office supplies for PW Dept
ee of the year recogn award
ee of the year recogn award
Employee's union
Dec mntc/usage costs:copiers
Jul-Dec 02 Trash hauling svcs
5.00
828.32
100.00
4,777.45
19.36
216.90
90.71
51.95
353.24
100.00
100.00
3,035.00
3,399.73
1,593,936.72
81691 01/03/2003 003677 TEMECULA MOTORSPORTS LL P.D. motorcycle repair/mntc svcs
81692 01/03/2003 005318 TEMECULA PLAY & LEARN SC Refund:Sec. Deposit:12/12/02
81693 01/03/2003 004541 TEMECULA RADIATOR/AUTO R maint/repair MS84 vehicle
81694 01/03/2003 000307 TEMECULA TROPHY COMPAN add'l plaques for hol. parade
plaques for team pace
ee recognition awards
medals/plaques for Explorer prgm
6 x 8 plaques for hol. lights
plaques:holiday parade:12/13
81695 01/03/2003 000957 TEMECULA VALLEY FILM COUN FY 02-03 funding
81696 01/03/2003 004873 TEMECULA VALLEY HISTORI FY 02/03 Comm Svc Fund Awrd
1,641.15
100.00
417.26
44.45
11.85
578.02
403.47
140.63
832.36
27,000.00
2,500.00
Check Total
5.00
828.32
100.00
4,777.45
732.16
100.00
100.00
3,035.00
3,399.73
1,593,936.72
1,641.15
100.00
417.26
2,010.78
27,00000
2,500.00
Page:12
apChkLst Final Check List Page: 13
01/03/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81697 01/03/2003 004873 TEMECULAVALLEY HISTORI
81698 01/03/2003 003862 THYSSENKRUPP ELEVATOR.
81699 01/03/2003 000319 TOMARK SPORTS INC
81700 01/03/2003 003366 TORAN DEVELOP. & CONSTRU
81701 01/03/2003 005857 TRUAX, GARY L.
81702 01/03/2003 004895 TUMBLES, J.W.
81703 01/03/2003 001065 U S C M WEST (DEF COMP)
81764 01/03/2003 000389 U S C M WEST (OBRA)
81705 01/03/2003 004981 UNISOURCE SCREENING &
81706 01/03/2003 000325 UNITED WAY
(Continued)
Description
Refund:Sec. Deposit:l 1/08/02
Dec City Hall elevator mtnc svcs
Credit:amount exceeds contract
Repair gym scoreboard @ CRC
Repair/Reseal O. T. Boardwalks
Credit:billed incorrectly
Refund:Sec. Deposit: 12/07/02
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
ee del comp plan
P/T ee retirement
recruits background checks
ee contributions
Amount Paid
100.00
834.00
-24.00
275.00
45,957.00
-400.06
100.00
64.00
172.80
57.60
128.00
64.00
64.00
17,333.23
1,769.18
325.99
320.31
Check Total
100.00
810.00
275.00
45,557.00
100.00
550.40
17,333.23
1,769.18
325.99
320.31
81707 01/03/2003 004819 UNUM LIFE INS. CO. OF AMERI Jan 03 eelong term disability
81708 01/03/2003 000332 VANDORPE CHOU ASSOCIATE Appl Dev. Svcs:B&S Dept
81709 01/03/2003 004261 VERIZON CALIFORNIA DEC XXX-2676 GENERAL USAGE
DEC XXX-3923 STONE
DEC XXX-3528 FIRE ALARM
DEC XXX-3564 ALARM
DEC XXX-8573 GENERAL USAGE
DEC XXX-0074 GENERAL USAGE
DEC XXX-1603 CITY HALL
DEC XXX-9897 GENERAL USAGE
81710 01/03/2003 004789 VERIZON INTERNET SOLUTION Dec intemet svcs
5,986.58
585.00
28.67
27.54
83.09
55.40
32.40
255.84
89.48
89.47
69.95
5,986.58
585.00
661.89
69.95
Page:13
apChkLst Final Check List Page: 14
01103/2003 3:03:47PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81711 01/03/2003 004848 VERIZON SELECT SERVICES I
81712 01/03/2003 005789 VITAL ASSETS INC
Amount Paid
Dec long distance phone svcs
Consulting svcs:Info Sys.
1,140.61
6,000.00
81713 01/03/2003
81714 01/03/2003
81715 01/03/2003
003730 WEST COAST ARBORISTS INC Citywide tree trimming mntc svcs
004268 WESTERN FIRE COMPANY
005845 WETTELAND, KARLA M.
fire sprinkler inspection @ Sr Ctr
Refund:Sec. Deposit
81716 01/03/2003 004774 WOODCREST UNIFORMS
81717 01/03/2003 000345 XEROX CORPORATION BILLIN
81718 01/03/2003 000348 ZIGLER, GAlL
uniforms:SET team
Nov base charge:5830 copier
Oct base charge:5830 copier
Reimb:hol. raffle gift certs.
10,482.80
85.00
100.00
192.87
80.31
80.31
260.00
Sub total for UNION BANK OF CALIFORNIA:
Check Total
1,140.61
6,000.00
10,482.80
85.00
100.00
192.87
160.62
260.00
2,603,482.47
Page:14
apChkLst Final Check List Page: 15
01/03/2003 3:03:47PM City of Temecula
211 checks In this report.
Grand Total All Checks: 2,603,482.47
Page:15
ITEM 4
CITY ATTORNEY
DIRECTOR OF FINAN~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
ClTY OFTEMECULA
AGENDA REPORT
City Manager/City Council ~
Genie Roberts, Director of Finance,~ ~
January 14, 2003
City Treasurer's Report as of November 30, 2002
PREPARED BY:
RECOMMENDATION:
Report as of November 30, 2002.
Karen Jester, Assistant Director of Financg..-~4~;~
Pascale Brown, Senior Accountant ~:~
That the City Council receive and file the City Treasurer's
DISCUSSION: Reports to the City Council regarding the City's investment
portfolio, receipts, and disbumements are required by Government Code Sections 53646 and 41004
respectively. Attached is the City Treasurer's Report which provides this information.
The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635
as of November 30, 2002.
FISCALIMPACT:
None
Attach ments:
1. City Treasurer's Report as of November 30, 2002
Cash Activity for the Month of November
City of Temecula
City Treasurer's Report
AS of November 29, 2002
Cash and Investments as of November 1,2002
Cash Receipts
Cash Disbursements
Cash and Investments as of November 30, 2002
Cash and Investments Portfogo:
Type of Investment
Peey Cash
General Checking
Sweep Account
(Money Market Account)
Flex Benefit Demand Deposits
Local Agency Investment Fund
Cer[ificate of Deposit
(Retention Escrow)
Checking Account
(Parking Citations)
Trust Accounts- CFD 88-12
(Money Market Account)
Delinq. Main. Reserve Account - CFD 88-12
(Investment Agreement)
Dstinq. Main. Reserve Account - CFD 88-12
(Money Market Account)
Reserve Account- CFD 88-12
(Investment Agreement)
Reserve Account- CFD 88-12
(Money Market Account)
Variable Bond Fund - CFD 01-2
(Money Market Account)
Interest Fund - CFD 01-2
(Money Market Account)
Interest Diffrntl Fund -CFD 01-2
(Money Market Account)
Delivery Cost Account-CFD 01-2
(Money Market Account)
Admin Acct -CFD 01-2
(Money Market Account)
Project Fund- TPFA Harveston CFD 01-02
(Money Market Account)
Trust Accoucts-RDA Refinance Bonds
(Money Market Account)
Project Account-RDA Refinance Bonds
(Money Market Account)
project Account-RDA Refinance Ponds
(Local Agency Investment Fund)
COl Accounts-RDA Refinance Bonds
(Money Market Account)
Trust Accounts-TCSD COPs
(Money Market Account)
Project Account-TCSD COPs
(Money Market Account)
Project Accouet-TCSD COPs
(Local Agency Investment Fund)
Delivery Cost Account-TCSD COPs
(Money Market Account)
Institution
City Hall
Union Bank
Union Bank
(Highmark U.S, Treasury)
Union Bank
State Treasurer-LAIF
Bank of Sacramento
Union Bank
U.S, Bank (First Am. Treasury)
CDC Funding Corp
U.S. Bank (First Am. Treasury)
CDC Funding Corp
U,S. Bank (First Am. Treasury)
U.S Bank
U.S. Bank
U.S. Bank
U.S. Bank
U,S. Bank
U.S. Bank
U.S. Bank
US. Bank (First Am. Treasury)
State Treasurer-LAIF
U.S. Bank (First Am. Treasury)
U.S. Bank (First Am. Treasury)
U.S. Bank (First Am, Treasury)
State Treasurer-LAIF
U.S. Bank (First Am Treasury)
First Am Treasu~)
First Am Treasury)
First Am. Treasury)
First Am. Treasury)
First Am. Treasury)
First Am. Treasury)
First Am. Treasury)
n/a
n/a
0.570 %
n/a
2.301%
n/a
n/a
0.850 %
5,430 % 9/1/2017
0.850 %
5,430 % 9/1/2007
0,910 %
0850 %
0.850 %
0850 %
0.850 %
0.850 %
0.850 %
0.870 %
0850 %
2.301%
0.850 %
0850 %
0.850 %
2.301%
0.850 %
(1)-This amount is net of outstanding checks
(2)-At November 30, 2002 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $5D,973,309,480.
The City's propodionate share of that value is $61,086,957.
All investments are liquid and currently available.
The City of Temecula*s portfolio is in compliance with the investment policy, Adequate funds will be available to meet
budgeted and actual e×penditures of the City of Temecula for the nexl six months.
$ 85,241,589
3,767,109
(6,490,101)
$ 82,518,687
PaflBook
Balance
$ 1,500
(1,228,876) (1)
1,301,000
9,315 (1)
60,781,829 (2)
2,722
156
500,000
426,857
1,531,469
4
2,726
213,259
130,105
449,504
50,108
25
30,395
218
2,965
2,722,447
6,464
$ 82,518,687
ITEM 5
A P P R.O~iAJ~//~
CITY ATTORNEY
FINANCE DIRECTOR_.~
CITY MANAGER /'~' '
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City Council
Herman D. Parker,
January 14, 2003
Director of Community Services~,
YMCA Ground Lease Agreement
RECOMMENDATION: That the City Council approve in its substantial form the Ground
Lease Agreement between the City of Temecula and the YMCA of Riverside City and County,
Inc.
BACKGROUND: In the Spring of this year, the local chapter of the YMCA approached
the City with an interest in leasing park ground to construct a 11,000 square foot or larger
community recreation center. After a review of several sites, staff determined that the southwest
corner of Margarita Community Park would be an appropriate site for such a facility. The 5-year
Capital Improvement Program identifies this location as a future site for a community center,
however at this time there is no funding for construction. Because the location is adjacent to an
elementary school, within a park and surrounded by high-density housing, it was staff's opinion that
a community center at this location would serve the City well. As a result, staff and the YMCA began
discussions related to the attached Ground Lease Agreement.
The attached Agreement would allow the YMCA to lease approximately one-half acre of the
Margarita Community Park to develop a YMCA center. The term of the agreement would be for 49
years with an option to renew the agreement for one additional 20 year term. The property would be
leased for $1 per year, payable on the first business day of each calendar year.
The Agreement contains two milestones that require the YMCA to provide evidence of financing or
ability to construct the facility. The YMCA would be required to provide proof that they have at least
$600,000 towards the construction of the facility by February 1, 2006. By February 1, 2008, the
YMCA must provide the City with proof that they have full funding to begin construction, or be under
construction. If either of these milestones are not met, the City has the right to terminate this
agreement. The YMCA would be required to maintain all related liability insurance and name the
City of Temecula as additional insured. They would also be required to pay all construction costs
and on-going maintenance and utility costs once the facility is completed. The YMCA will also
reimburse the City 50% of the cost associated with slurry seal and re-striping of the parking lot.
The agreement also requires the YMCA to ensure that at least 60% of their registered participants
and members are residents of the City of Temecula. This ensures that this facility will provide
quality services to the residents of the City of Temecula.
R:~IGLERG\REPORT~011403 CC YMCA GROUND LEASE.doc
This agreement was reviewed and approved by the Community Services Commission at their
December 9, 2002 Commission meeting.
FISCAL IMPACT: The project will have no fiscal impact to the City. The YMCA is
responsible for all design, construction, ongoing maintenance and utility cost. They will also pay the
City 50% of the cost to periodically slurry seal and re-stripe the parking lot.
R:~ZlGLERG~REPORT~011403 CC YMCA GROUND LEASE.doc
GROUND LEASE
THIS GROUND LEASE (the "Lease"), is made and entered into as of January 14, 2003,
by and between CITY OF TEMECULA, a municipal corporation ("City"), and YMCA OF
RIVERSIDE CITY AND COUNTY, INC., a California non-profit corporation ("Tenant"). In
consideration of the mutual covenants, conditions and agreements contained herein to be done,
kept and performed, City and Tenant do hereby agree as follows:
RECITALS
A. City is the owner of certain real property located in the County of Riverside, State
of California, known as the Margarita Community Park (the "Park") described on Exhibit A, and
Tenant desires to lease the portion of the Park legally described on Exhibit 13. (the "Premises")
and construct a YMCA building thereon (the "Building"). The Building, and all other structures
and fixtures on the Premises, or constructed on the Premises during the term of this Lease, are
collectively referred to herein as the "Improvements".
B. The Park has been used by the City for recreational, social and athletic activities
available to the public and, in order to meet the recreational and athletic needs of the City, City
desires to lease the Premises to a party willing to continue to use the Premises for recreational,
social and athletic activities available to the public in order to enhance the availability of such
activities to the residents of Temecula.
C. Tenant desires to lease the Premises subject to the terms of this Lease and for the
purposes of providing recreation activities for members of the public.
1. LEASE OF PREMISES.
a. Demise. City does hereby demise and lease the Premises to Tenant, and
Tenant does hereby lease the Premises from City upon and subject to the following terms and
conditions.
b. Parking Rights. The City will permit Tenant to use eighty (80) parking
spaces in the surface parking lot in the Park near the entrance to the facility that will be
constructed by Tenant on the Premises.
c. No Mineral Rights. Notwithstanding the definition or description of the
"Premises" herein, this Lease does not demise or lease to any oil, gas or minerals in place
undemeath the surface of the Premises or the right to extract and remove the same, which oil,
gas, minerals and right are reserved to, and retained by, City.
d. .Subdivision. If required under applicable law, Tenant shall obtain, with
City's reasonable cooperation (at no cost or expense to City), all requisite approvals to make the
Premises a separate legal parcel in compliance with the California Subdivision Map Act and all
applicable local and/or municipal subdivision regulations, subject to conditions of approval
RSZ1GLERG~XAGREEMN\YMCA Operating Agreement. DOC
reasonably acceptable to Tenant, and Tenant and City shall record a parcel map required by
applicable law.
2. TERM OF LEASE; EXTENSION OPTION.
The term of this Lease shall be for a period of forty-nine (49) years, commencing on
January 14, 2003 (the "Commencement Date"), unless sooner terminated pursuant to the terms
of this Lease. Tenant shall have the option to extend the initial term of this Lease for twenty (20)
years upon the following conditions: (i) Tenant shall deliver to City written notice (the
"Extension Notice") of Tenant's election to extend the term of this Lease on or prior to the date
that is one hundred and eighty (180) days prior to the expiration of the initial term, and (ii) as of
the date of the Extension Notice and as of the expiration of the initial term, no default (or event
or condition which with the passage of time or notice, or both, would constitute a default) exists
under this Lease.
3. CONDITION OF PREMISES.
a. As Is. Tenant acknowledges that it is sophisticated and knowledgeable
with regard to evaluating and leasing real property and that prior to the commencement of this
Lease, Tenant has had sufficient opportunity to investigate title to the Premises, obtain an ALTA
survey and ALTA title insurance, investigate whether the Premises complies with law (including,
without limitation, subdivision laws) and whether the uses desired by Tenant are permitted by
law, and enter the Promises to perform such tests and investigations as Tenant deems necessary
to satisfy itself as to the physical condition of the Premises (including, without limitation,
seismic, soils and geotechnical conditions and the existence or absence of Hazardous Materials).
Tenant has also reviewed and approved the access to the Premises and the feasibility and cost of
constructing utility lines and facilities and obtaining any necessary easements.
TENANT ACKNOWLEDGES AND AGREES THAT TENANT IS
LEASING THE PREMISES IN THEIR CURRENT, "AS IS" CONDITION,
WITH ALL FAULTS AND DEFECTS, WITHOUT ANY
REPRESENTATIONS OR WARRANTY OF ANY KiND WHATSOEVER,
EXPRESS OR IMPLIED, AND SUBJECT TO ALL MATTERS OF
RECORD AND ANY ADDITIONAL MATTERS THAT MAY HAVE BEEN
DISCLOSED TO TENANT.
b. General Release. Tenant and anyone claiming by, through or under
Tenant hereby waives its right to recover from and fully and irrevocably releases, discharges and
acquits City and City's employees, representatives, agents, advisors, servants, attorneys,
successors and assigns, and all persons, firms, corporations and organizations acting on City's
behalf (the "Released Parties") from any and all claims, responsibility and/or liability that Tenant
may now have or hereafter acquire against any of the Released Parties for any costs, loss,
liability, damage, expenses, demand, action or cause of action arising from or related to the
matters described in Section 3(a), above. This release includes claims of which Tenant is
presently unaware or which Tenant does not presently suspect to exist which, if known by
Tenant, would materially affect Tenant's release of the Released Parties. Tenant specifically
waives the provision of any statute or principle of law, which provides otherwise, including but
11086/0111/709744.5 -2-
not limited to any right Tenant and anyone claiming by, through or under Tenant may have under
Section 1542 of the California Civil Code ("Section 1542"), which reads:
'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.' BY INITIALING BELOW, TENANT HEREBY WAIVES
THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH
THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING
WAIVERS AND RELEASES.
Tenant's Initials:
c. Survival. This Section 3 shall survive the expiration and any earlier
termination of this Lease.
4. USE OF PREMISES; COMPLIANCE WITH LAW.
a. Use. Tenant shall use the Premises for athletic, social and recreational
activities available to the public, including, but not limited to fitness programs, handball,
racquetball, basketball, teen program, recreation classes and similar programs and for no other
purposes (except as may be expressly approved by City in its sole and absolute discretion).
Tenant shall in good faith and with reasonable diligence deyelop and offer programs that reflect
community needs with the mission and goals of the YMCA as parameters and shall cooperate
and consult with the City in the development of such programs. Tenant will not implement
youth soccer programs or youth baseball programs that ~vould, in the good faith judgment of
City, either conflict with any existing youth programs in the City of Temecula or which would
create excessive demand for use of the baseball fields in the City. The service level in any e~eut
shall not be less than the service level provided by other YMCA's in Riverside County. Tenant
may require persons using the facilities to be members of Tenant's organization, but such
memberships shall be open to all members of the public, subject to compliance with Tenant's
lawful rules and regulations, and Tenant shall at all times ensure that no less than sixty
percent (60%) of their program participation at the Premises are from residents of the City of
Temecula. In the month of January of each calendar year during the term of this Lease, Tenant
shall submit to City both: (i) reasonable evidence of Tenant's compliance with the preceding
sentence during the preceding calendar year; and (ii)an award program summary report
including program rosters for the preceding calendar year, descriptions of programs in place
during the preceding calendar year, and a description of changes to programs for the then-current
year, new programs and programs to be terminated in the then-current year.
b. No Nuisance or Waste. Tenant agrees not to conduct or permit to be
conducted any public or private nuisance on or from the Premises, or to commit or permit to be
committed any waste upon the Premises.
1086/0111/709744.5 -3-
c. Compliance with Law. Tenant shall comply with all laws, orders, rules,
regulations, ordinances, permits and requirements of governmental authorities with respect to the
Premises, the Improvements and Tenant's activities and operations on the Premises.
d. Signs. Tenant shall have the right to install signs subject to and in
accordance with the Temecula Municipal Code.
5. CONSTRUCTION OF IMPROVEMENTS.
a. Construction. Tenant shall not construct, place or use any temporary or
"modular" facilities on the Premises. Tenant shall construct the Building and Improvements in
accordance with plans and specifications reasonably approved by City, but Tenant acknowledges
and agrees that the Building must contain at least 11,000 usable square feet. Tenant's
construction of the Improvements shall be at Tenant's sole cost and expense. All of the work
shall be performed diligently, in a good and workmanlike manner, and in compliance with all
laws, ordinances and regulations applicable thereto, including all applicable provisions of state,
federal and local prevailing wage laws and public bidding requirements, and all zoning
requirements and building code requirements of the City of Temecula and any other
governmental agency having jurisdiction over the Premises. Tenant shall keep the Premises in a
neat and orderly condition, free of weeds, dust and debris during any construction, operation or
maintenance activities. Tenant shall protect all adjacent property against damage resulting from
the performance of the work on the Premises.
b. Evidence of Financing; City Termination Rights. If Tenant fails to deliver
to City on or before February 1, 2006, reasonable evidence that Tenant has raised and committed
at least Six Hundred Thousand Dollars ($600,000) for the construction of the Building, City may
terminate this Lease by written notice given on or before April I, 2006. If Tenant fails to deliver
to City on or before February 1, 2008, reasonable evidence that Tenant can finance the remainder
of the cost of the Building and related Improvements (such as a binding construction loan
commitment or executed loan documents covering such cost), or if Tenant fails to commence
construction of the Building in a material way on or before said date, then City may terminate
this Lease by written notice given on or before April 1, 2008.
c. Ownership of Improvements. The Building and other Improvements and
all related warranties and other rights against architect's contractors and other persons hired by
or on behalf of Tenant in connection with the Improvements), shall belong to Tenant during the
term of this Lease, but shall become the property of City upon the expiration or earlier
termination of that Lease. Trade fixtures and equipment installed by Tenant shall belong to
Tenant.
d. Other Alterations, Additions and Improvements. Tenant shall not make
any other alterations, additions or improvements to the Building or the Premises costing in
excess of $25,000 or that would affect the appearance of the Building or Premises without City's
prior written consent, but City shall not unreasonably withhold such consent.
e. Notice. At least thirty (30) days prior to the commencement of any work
to be constructed by Tenant on the Premises (whether or not City's consent is required), Tenant
11086/0ll 1/709744.5 -4-
shall submit to City a written notice specifying the nature and location of the intended work and
the expected date of commencement thereof and City may post notices of non-responsibility.
f. Mechanic's Liens. To the extent any work on the Premises is performed
by, on behalf of or for the benefit of Tenant, Tenant shall promptly pay or cause to be paid, all
money due and payable for and on account of the work, and shall indemnify and keep and hold
City free and harmless from any and all mechanic's and materialmen's design professionals and
site improver's liens arising from or growing out of the work. If Tenant shall in good faith
contest the validity of any such lien, claim, or demand, then Tenant shall, at its expense, defend
itself and City against the same and shall pay and satisfy any adverse judgment that may be
rendered thereon prior to execution thereof, and in the event of any such contest Tenant shall
provide City with a security bond in form and substance reasonably acceptable to City.
g. Bonds. In connection with the construction of the Building, and to the
extent Tenant performs any other work upon the Premises with a value in excess of twenty five
thousand dollars ($25,000), Tenant shall, at its sole expense, provide for City's benefit, labor,
material and performance bonds or other security approved by City.
6. RENT.
a. Annual Rent. Commencing with the year 2003, Tenant shall pay rent to
the City in the amount of one dollar ($1.00) per calendar year, payable on the first business day
of each calendar year.
b. Triple Net Lease. Tenant hereby acknowledges and agrees that this is a
so-called "TRIPLE NET LEASE" such that all costs and expenses arising out of the use and
occupancy of the Premises and Improvements, or the execution, delivery or recordation of this
Lease, including, but not limited to, ad valorem taxes, possessory interest taxes, and utility,
security, maintenance, and insurance costs, are payable by Tenant on and after the date on which
construction of the Building or other Improvements commences. It is the intention of City and
Tenant that from and after such date, the annual rent paid to City shall be absolutely net of all
costs and expenses relating to the Premises or Improvements.
7. TAXES AND ASSESSMENTS.
a. Payment of Taxes and Assessments. Upon and after the issuance of a
certificate of occupancy for the Improvements (the "CofO Date"), Tenant agrees to pay or cause
to be paid, before delinquency, any and all taxes, assessments, license fees and public charges
levied, assessed or imposed or which may become payable during the period from the CofO Date
to the expiration of the term hereof upon the Premises, the Improvements and all furnishings,
appliances, equipment and all other personal property installed or located on the Premises,
including, but not limited to, possessory interest taxes and other impositions, general or special,
ordinary or extraordinary, of every kind or nature, which may be levied, assessed or imposed
upon or with respect to the Premises, the Improvements or any part thereof, fixtures, equipment
or personal property of Tenant at any time situated thereon (including, but not limited to, any ad
valorem and inventory taxes), any transfer or conveyance tax arising out of this Lease
(collectively, "Taxes"). Tenant shall pay all such Taxes as they become due and payable and,
11086/0111/709744.5 -5-
upon request, shall provide City with appropriate evidence of their payment. At the CofO Date
and end of the Lease term, the taxes, assessments, and public charges to be paid by Tenant shall
be prorated. CITY HEREBY GIVES TENANT NOTICE, AND TENANT ACKNOWLEDGES
ITS RECEIPT OF SUCH NOTICE, AS REQUIRED PURSUANT TO SECTION 107.6 OF
THE CALIFORNIA REVENUE AND TAXATION CODE, THAT TENANT'S LEASEHOLD
INTEREST CREATED BY THIS GROUND LEASE MAY RESULT IN A POSSESSORY
INTEREST TAX BEING LEVIED AGAINST THE PREMISES, AND THAT IN SUCH
EVENT TENANT SHALL BE OBLIGATED TO PAY SUCH TAX.
b. Tenant's Right to contest Taxes. Without limiting the right of City to
contest any Taxes, Tenant shall have the right to contest Taxes, provided Tenant shall:
(i) deliver to City a bond or other acceptable security in the amount of one hundred ten percent
(110%) of the contested amount and (ii) in good faith and with due diligence, contest the same or
the validity thereof by appropriate legal proceedings which shall have the effect of preventing the
collection of the Tax and the sale or foreclosure of any lien for such Tax. Tenant shall have the
right, at its sole expense, to institute and prosecute, in it own name, any suit or action to contest
any Tax payable by Tenant or to recover the amount of any such Tax, but, in such event, Tenant
hereby covenants and agrees to indemnify and save City harmless from any and all costs and
expenses, including attorneys' fees, in connection with any such suit or action. Any funds
recovered by Tenant as a result of any such suit or action shall belong to Tenant except to the
extent any such recovery allocable to a period of time which is not part of the Term. Any part of
such recovery relating to a period not part of the Term shall be paid to City.
8. REPAIRS AND MAINTENANCE.
a. Upon and after the CofO Date (as defined in Section 7a.), Tenant shall, at
Tenant's sole cost and expense, repair, maintain and replace when necessary all portions of the
Premises and Improvements, including all structural components, all interior components and all
components of the grounds of the Premises, in good working order, condition and appearance in
order to support the professional programs of the Tenant. Upon and after the CofO Date, Tenant
will diligently maintain and care for the landscaping that is installed on the Premises in
accordance with the Plans approved by City, using generally accepted methods for cultivation
and watering. Upon and after the CofO Date, Tenant shall provide sufficient water to the
landscape to maintain it in a healthy, thriving condition, keep the irrigation system functioning
with no broken parts (subject to allowing reasonable time to repair broken parts of
malfunctioning systems), and shall keep the landscaping trimmed by removing dead wood from
trees and shrubs, trimming back foliage which has exceeded the landscape boundaries and
shaping the plants as necessary, and keeping turf mowed to a height of between two and three
inches and trimmed back from edges of the Improvements, and weeds, trash, debris and plant
material that has died or become unsightly shall be removed on a weekly basis.
b. Tenant shall also, at Tenant's sole cost and expense, obtain, repair,
maintain and replace as necessary, all equipment, fixtures and personal property used for the
professional programs of the Tenant.
c. City shal} not be obligated to make any repairs, replacements or renewals
of any kind, nature or description whatsoever to the Premises or (after the CofO Date) the
11086/0111/709744.5 -6-
Improvements, and Tenant hereby expressly waives all right to make repairs at City's expense
under sections 1941 and 1942 of the California Civil Code, as amended from time to time.
d. Tenant shall reimburse City, within ten (10) days after written demand
given from time to time, for fifty percent (50%) of all costs and expenses incurred by City to
slurry seal and re-stripe the surface parking lot in the Park. City estimates that such work will be
necessary every three (3) years, but City reserves the right to perform such work more often if
necessary in the good faith discretion of City.
9. CURE RIGHTS OF CITY.
If Tenant does not perform its obligations pursuant to this Lease within thirty (30)
days after notice from City (except that no notice or cure period shall apply to a failure to obtain
insurance) City may (but shall not be obligated to) perform any obligation of Tenant pursuant to
this Section at Tenant's cost and expense. Said election by City shall not constitute a waiver of
any fight or remedy for Tenant's default. Tenant shall reimburse City for the cost and expense it
incurred in the performance of Tenant's obligation within thirty (30) days after City's written
request for payment. Tenant shall also indemnify, defend with legal counsel approved by City
(approval by City shall not be unreasonably withheld) and hold harmless City and its officers,
employees, servants and agents from and against all claims, actions, liabilities, losses, damages,
costs, attorneys' fees and other expenses of any nature for loss or damage to property, or injury
to or death of persons, arising in any manner whatsoever, directly or indirectly, from City's
performance pursuant to this Section other than the City's gross negligence in performing the
work. The indemnification, defense and hold harmless provisions of this Section shall survive
the expiration or termination of this Lease.
10. USE OF HAZARDOUS MATERIALS.
Tenant's use of any pesticides, herbicides and other Hazardous Materials on the
Premises must comply with all applicable laws and' shall be limited to the use and storage of such
Hazardous Materials that are necessary and customary for the operation of a YMCA. Disposal
of all pesticides, herbicides, and other Hazardous Materials, and any containers, clothing,
equipment and other materials contaminated therewith, must also comply with law.
11. UTILITIES.
Commencing on the date on which construction of the Building or other
Improvements commences, Tenant shall pay when due, and to defend, indemnify, and hold City
harmless from and against any claims and liabilities for, charges for water, sewage, gas,
electricity and other utility services of every kind and nature supplied to or used on the Premises
or Improvements.
12. INDEMNIFICATION AND HOLD HARMLESS.
a. Tenant shall indemnify, defend (with legal counsel approved by City, such
approval by City shall not be unreasonably withheld) and hold harmless City and its
councilpersons, officers, employees and agents from and against all claims, actions, liabilities,
losses, damages, costs, attorneys' fees and other expense of any nature for loss or damage to
11086/0111/709744.5 -7-
property, or injury to or death of persons, arising in an manner whatsoever, directly or indirectly,
by reason of this Lease, the construction of the Building and other Improvements, or the use or
occupancy of the Premises or Improvements or Tenant's property by Tenant and its agents,
contractors, employees, invitees, representatives, sublessees and assignees (collectively "Claim")
(whether the Claim be made during the Lease term or thereafter), except such loss, damage,
injury or death caused by the gross negligence of City or any of its officers, employees or agents.
b. Additionally, Tenant shall indemnify, defend with legal cotmsel approved
by City (such approval shall not be unreasonably withheld) and hold harmless City and its
councilpersons, officers, employees and agents from and against any and all claims, actions,
liabilities, losses, damages, costs, including, without limitation, the cost of any required or
necessary repair, cleanup, or detoxification, and the preparation of any response, remedial,
closure or other required plans, attorneys' fees and other expenses of any nature including,
without limitation, all foreseeable and all unforeseeable consequential damages, directly or
indirectly arising out of the presence, use, generation, storage, release or disposal of Hazardous
Materials on the Premises or Improvements or Tenant's property, except for (i) those present on
the Premises as of the date of the this Lease, or (ii) those which may be placed on the Premises
by City or City's employees, agents or contractors after the date of this Lease. If Tenant receives
any notice, whether oral or written, of any inquiry, test, investigation, enforcement proceeding,
environmental audit or the like regarding any Hazardous Material on the Premises, Tenant shall
immediately notify City in writing of such notice.
c. As used in this Lease, the term "Hazardous Materials" means any
substance, product, waste or other material of any nature whatsoever which is or becomes listed,
regulated or addressed pursuant to (1) the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et seq. ("CERCLA"); the
Hazardous Materials Transportation Act, 49 U.S.C., Section 1801, et seq.; the Resource
Conservation and Recovery Act, 42 U.S.C., Section 6901, et seq.; the Toxic Substances Control
Act, 15 U.S.C., Section 2601, et seq.; the Clean Water Act, 33 U.S.C. Section 1251, et seq.; the
California Hazardous Waste Control Act, Health and Safety Code Section 25100, et seq.; the
California Hazardous Substance Account Act, Health and Safety Code Section 25330, et seq.;
the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section
25249.5; et seq. California Health and Safety Code Section 25280, et seq.; (Underground Storage
of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety
Code Section 25170.1, et seq. California Health and Safety Code Section 25501, et seq.
(Hazardous Materials Response and Plans Inventory);or the Porter-Cologne Water Quality
Control Act Water Code Section 13000, et seq., all as amended, (2) any other federal or state law
or any local law regulating, relating to, or imposing liability or standards of conduct concerning
any hazardous, toxic or dangerous waste, substance or material, as now is, or at any time
hereafter may be, in effect, and (3) any rule or regulation adopted or promulgated under or
pursuant to any of said laws.
d. The liability of Tenant under this Section and any other defense,
indemnity and hold harmless obligations under this Lease shall not be limited by the insurance
provisions of this Lease. The indemnification, legal defense and hold harmless provisions of this
Lease shall survive the expiration or termination of this Lease.
11086/0111/709744.5 -8-
13. INSURANCE.
a. Coverage. As to all activities hereunder, the following insurance shall be
obtained and maintained in force from the CofO Date (as defined in Section 7a.) until the
expiration of the Term (except as otherwise provided in Subsections 13 a.(1) and (4)):
(1)
Commercial General Liability. Commencing upon Tenant's entry
onto the Premises for any purpose and continuing until the latter of
(i) the date Tenant has permanently vacated the Premises, or (ii)
the expiration or earlier termination of this Lease, Tenant shall
carry and maintain in effect Commercial General Liability
insurance (including but not limited to, coverage for
premises/operations, excavation, collapse and underground
hazards, products/completed operations, broad form property
damage (including blanket contractual liability), acts of
independent contractors, and bodily injury and property dmnage)
providing for minimum limits of Two Million Dollars
($2,000,000.00) annually for bodily injury, including death, and
property damage, arising from any one occurrence, a Five Million
Dollar ($5,000,000.00) aggregate limit, and a deductible of not
greater than One Hundred Thousand Dollars ($100,000.00) per
loss.
(2)
Automobile Liability. Tenant shall carry and maintain in effect
Automobile Liability insurance covering all owned, non-owned
and hired automobiles with minimum insurance limits of One
Million Dollars ($1,000,000.00) for bodily injury and property
damage arising from any one occurrence with a deductible of not
greater than One Hundred Thousand Dollars ($100,000.00) per
loss and containing appropriate no-fault insurance provisions.
(3)
Workers' Compensation Insurance. Tenant shall carry and
maintain for its employees Workers' Compensation insurance in
accordance with State and Federal laws including statutory
California benefits and other states' endorsement, and benefits that
may fall under the jurisdiction of the U.S. Longshoremen's and
Harbor Worker's Act covering loss resulting from injury, sickness,
disability or death, if such exposure exists; and Employer's
Liability insurance with limits of not less than One Million Dollars
($1,000,000.00) each accident or disease or the minimum limit
necessary to meet the underlying requirements of the excess
liability carrier.
(4)
Builder's Risk/All Risk Insurance. Commencing with the
commencement of construction of Improvements by Tenant on the
Premises, Tenant shall, at its sole cost and expense, arrange for (A)
builders' risk insurance for the Building and other Improvements
11086/0111/709744.5 -9-
(5)
until the date that Tenant determines that the Building and other
Improvements are commercially operational on an "all risk basis"
in a completed value form with "extended coverage" and
appropriate sublimits providing (i) coverage for the Building and
other Improvements which insurance shall include coverage for
removal of debris (which debris arises as a result of an insured
loss), insuring the buildings, structures, boiler and machinery,
equipment, facilities, fixtures and other property constituting a part
of the Improvements, (ii) off-site coverage in an amount not less
than Five Hundred Thousand Dollars ($500,000.00), (iii)transit
coverage in an amount not less than Two Hundred Fifty Thousand
Dollars ($250,000.00) per conveyance per occurrence, provided,
however, Tenant shall obtain a rider increasing the transit coverage
for each piece of equipment to be shipped or otherwise delivered to
the Site with a value greater than Two Hundred Fifty Thousand
Dollars ($250,000.00) to an amount equal to the value of such
piece of equipment, (iv) coverage for operational testing, and (v)
coverage for collapse; all such policies may have a deductible of
not greater than One Million Dollars ($1,000,000.00) per loss; and
shall cover the cost to replace or repair the Building and
Improvements (except as otherwise provided in (iii) above) with
appropriate sublimits; and (B) after the date that Tenant determines
that the Building is commercially operational, an all-risk property
insurance policy providing coverage, in the minimum amount of
the full replacement cost of the Building and Improvements, with
appropriate sublimits, in respect of physical loss or damage to real
or personal property, and providing for business interruption
coverage in an amount each policy year equal to the reasonably
expected gross revenues for such year less reasonably expected
noncontinuing expenses for such year (which expected gross
revenues and noncontinuing expenses shall be annualized if such
policy year consists of less than twelve (12) months) with a
deductible of not mom than One Million Dollars ($1,000,000.00)
per occurrence for property damage and sixty (60) days for
business inteiruption coverage.
Boiler and Machinery Insurance. Tenant shall at its sole cost and
expense, arrange for Boiler and Machinery Insurance, if not
included in the all risk property insurance set forth in paragraph (e)
above, providing coverage for (a) direct physical damage arising
out of mechanical or electrical breakdown in a minimum amount
equal to fifty percent (50%) of the full replacement cost of the
Building with a deductible of not more than One Million Dollars
($1,000,000.00) per occurrence and (b) the business interruption
loss (if any) that ensues in an amount each policy year equal to the
reasonably expected gross revenues for such year less the
reasonably expected noncontinuing expenses for such year (which
11086/0111/709744.5 - 1 O-
expected gross revenues and noncontinuing expenses shall be
annualized if such policy year costs of less than twelve (12)
months), with a deductible of not more than sixty (60) days.
(6)
Policy Terms. Each liability policy described above: (i) shall be
primary, without right of contribution from any other insurance
which may be carried by a party, and (ii) shall name City and its
officers, agents, employees and volunteers, as an additional
insured. All property insurance coverage shall be on a "(other than
deductibles)/replacement cost" basis, and such insurance carried by
Tenant may name financial institutions providing financing for the
Building as loss payee.
b. Certificates. Prior to commencement of construction of the Building,
Tenant shall provide City with written evidence of the insurance required in Section 13a(1) and
(4) above in the form of appropriate insurance certificates specifying amounts of coverage and
expiration dates of all policies in effect. Said certificates shall indicate that no insurance will be
cancelled or materially changed during the term of this Lease without thirty (30) days (ten (10)
days prior written notice in the case of cancellation for non-payment of premiums) prior written
notice to City. Tenant shall not perform any act that would invalidate the policies which Tenant
is obliged to obtain hereunder, or would increase the premiums payable under such policies.
c. Cure Right. Should Tenant at any time neglect or refuse to provide any
insurance required hereunder, or should any insurance be cancelled, then City shall have the
right, but not the obligation, without giving Tenant notice or the opportunity to cure, to procure
insurance and the costs thereof (including, without limitation, premiums, payments under
deductibles, and defense costs associated with any loss of coverage) shall be reimbursed to City
by Tenant upon demand therefor.
Policy Review. Upon written request of either party, City and Tenant agree to review and
negotiate in good faith regarding the coverage amounts for all insurance policies specified in this
Section and to adjust coverages as determined to be commercially reasonable for a facility and
operation similar to the Building and Improvements operated on the Site and based on then-
current market and business conditions and common insurance industry practices.
Notwithstanding the foregoing, the failure of the parties to agree on any proposed changes to the
insurance requirements then in effect shall not excuse the parties' compliance with the insurance
requirements then in effect.
e. Waiver of Subrogation. All policies obtained hereunder shall have a
provision mutually waiving rights of subrogation by the insurer against the Parties hereto.
f. Reasonable Increases in Coverage. The amount of insurance coverage.
described in Section 13a shall be increased every three (3) years on the anniversary of the Lease
Commencement Date in such an amount as the City may reasonably determine based upon
inflation, increased liability awards, recommendations of professional insurance advisors and
other factors customarily used to determine appropriate levels of coverage of the insurance
required by this Lease. City shall provide written notice to the Tenant at least thirty (30) days
prior to the date of the proposed increase in insurance coverage requirements. If Tenant
11086/0111/709744.5 - 1 1 -
disagrees with City's determination of the increase in coverage, then City and Tenant shall meet
and confer in good faith with each other in order to resolve their disagreement and reach
agreement as to the increase.
g. Bonds for Deductibles and Self-Insurance Retentions. At the option of the
City, Tenant shall procure a bond guaranteeing payment of losses not covered by insurance due
to deductibles or self-insured retentions approved by City.
) h. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII that are authorized to do business in California.
14. ASSIGNMENT AND SUBLETTING.
Tenant shall not assign or sublet this Lease or the Improvements without the prior
written consent of City in its sole and absolute discretion. City may, in each case, determine, in
its sole and absolute discretion: (1)whether or not such an assignment or sublease will benefit
the City, its residents and users of the Premises and facd~t~es, (2) whether the specific proposed
use under the assignment or sublease will fulfill the public purposes of this Lease in providing
athletic, recreational and social activities for the people of the City of Temecula, and (3) whether
the proposed assignee or sublessee is sufficiently experienced and financially capable to fulfill
the purposes of this Lease.
15. MORTGAGES AND OTHER ENCUMBRANCES.
a. Tenant shall not mortgage, hypothecate or otherwise encumber its interest
in the Premises or the Improvements without the prior express written approval of the City,
which will not be unreasonably withheld. In deciding whether to approve any such mortgage,
hypothecation or encumbrance, the City may evaluate the purposes of the request, the uses to
which the funds will be put, and the effect of the encumbrance upon the use of the Improvements
for the purposes described in Section 4a. (including the effect of foreclosure thereof followed by
a further transfer of this Lease). It is expressly understood, acknowledged and agreed by Tenant
that City's interest in the Premises and this Lease shall no~t be subject in any way to the lien of
any Leasehold Mortgage (as defined below).
b. As used herein, the term "Leasehold Mortgage" shall mean any mortgage,
deed of trust or other security instrument, including, without limitation, an assignment of the
rents, issues and profits from the Premises, that is approved by City and that constitutes a lien on
Lessee's leasehold estate created by this Lease and/or the Tenant's interest in the Improvements,
and the term "Financing Party" shall mean the holder of such Leasehold Mortgage.
c. During the continuance of any Leasehold Mortgage and until such time as
the lien of any Leasehold Mortgage has been extinguished:
(1)
City shall not agree to any mutual termination nor accept any
surrender of this Lease, nor shall City consent to any amendment
or modification of this Lease without the prior written consent of
Financing Party (provided, however, that if Financing Party has
not replied to a notice request such consent within thirty (30) days
11086/0111/7097~1.5 -]2-
(2)
(3)
(4)
after the date of such notice, the Financing Party shall be deemed
to have given such consent).
Notwithstanding any default by Tenant in the performance or
observance of any agreement, covenant or condition of this Lease
on the part of Tenant to be performed or observed, City shall have
no right to terminate this Lease unless (A) an event of default shall
have occurred and be continuing; (B) City shall have given
Financing Party written notice of such event of default, and (C)
Financing Party shall have failed to remedy such default or acquire
Tenant's leasehold estate created hereby or commence foreclosure
or other appropriate proceedings in the nature thereof, all as set
forth in, and within the time specified by Section 15c.(4) below;
provided, however, that nothing contained in this Section 15c.(2)
shall prevent City from initiating the enforcement of its remedies
hereunder, subject, however, to the rights of any Financing Party
hereunder.
The Financing Party shall have the right, but not the obligation, at
any time prior to termination of this Lease and without payment of
any penalty, to pay all of the rents, charges and other obligations
due hereunder, to effect any insurance, to pay any Taxes to make
any repairs and improvements, to do any other act or thing required
of Tenant hereunder, and to do any act or thing which may be
necessary and proper to be done in the performance and
observance of the agreements, covenants and conditions hereof to
prevent termination of this Lease. All payments so made and all
things so done and performed by a Financing Party shall be as
effective to prevent a termination of this Lease as the same would
have been if made, done and performed by Tenant instead of by a
Financing Party.
Should any event of default under this Lease occur, Financing
party shall have thirty (30) days after receipt of notice from City
setting forth the nature of such event of default, and, if the default
is such that it cannot reasonably be remedied within such 30-day
period or if possession of the Premises or Building may be
reasonably necessary to remedy the default, a reasonable time after
the expiration of such thirty (30) day period not to exceed one
hundred twenty (120) days, within which to remedy such default,
provided that (A) the Financing Party shall have fully cured any
default in the payment of any monetary obligations of Tenant
under this Lease within such thirty (30) day period and shall
continue to pay currently such monetary obligations as and when
the same are due, and (B) the Financing Party shall have initiated
within such period the curing of any default that can be remedied
without taking possession of the Site and is diligently prosecming
11086/0111/709744.5 -1 3-
(5)
(6)
(7)
such cure, or, in the case of a default that cannot be cured without
taking possession of the Premises or Building, the Financing Party
shall have acquired Tenant's leasehold estate created hereby or
commenced foreclosure or other appropriate proceedings in the
nature thereof within such period, or prior thereto, and is diligently
prosecuting any such proceedings. All rights of City to terminate
this Lease as the result of the occurrence of any such event of
default shall be subject to, and conditioned upon, City having first
given the Financing Party written notice of such event of default
and the Financing Party having failed to remedy or commence the
remedying of such default or acquire Tenant's leasehold estate
created hereby or commence foreclosure or other appropriate
proceedings in the nature thereof as set forth in and within the time
specified by this Section 15c.(4).
If the Financing Party is prohibited by any process or injunction
issued by any court or by reason of any action by any court having
jurisdiction of any bankruptcy or insolvency proceeding involving
Tenant from commencing or prosecuting foreclosure or other
appropriate proceedings in the nature thereof, the times specified in
Section 15c.(4) above for commencing or prosecuting such
foreclosure or other proceedings shall be extended for the period of
such prohibition; provided that the Financing Party shall have fully
cured any default in the payment of any monetary obligations of
Tenant under this Lease and shall continue to pay currently such
monetary obligations as and when the same fall due.
Provided that the Financing Party has furnished to City a request in
writing for copies of default notices from City to Tenant, City shall
deliver to Financing Party a copy of any and all default notices
which City may from time to time give to Tenant pursuant to the
provisions of this Lease. No default notice by City to Tenant
hereunder shall be deemed to have been given unless and until a
copy thereof shall have been delivered to the Financing Party as
herein set forth.
Foreclosure of a Leasehold Mortgage, or any sale thereunder,
whether by judicial proceedings or by virtue of any power
contained in the Leasehold Mortgage, or any conveyance of the
leasehold estate created hereby from Tenant to the Financing Party
through, or in lieu of, foreclosure or other appropriate proceedings
in the nature thereof shall not require the consent of City or
constitute a breach of any provision of or a default under this
Lease, and upon such foreclosure, sale or conveyance and the
Financing Party's (or any other foreclosure sale purchaser's)
delivery to City of the Financing Party's (or any other foreclosure
sale purchaser's) written agreement, in form and substance
11086/0111/709744.5 -14-
(8)
acceptable to City, whereby the Financing Party (or any other
foreclosure sale purchaser) assumes the Tenant's obligations under
this Lease, City shall recognize the Financing Party, or any other
foreclosure sale purchaser, as Tenant hereunder provided,
however, that in the event there are two or more Leasehold
Mortgages or foreclosure sale purchasers (whether of the same or
different Leasehold Mortgages), City shall have no duty or
obligation whatsoever to determine the relative priorities of'such
Leasehold Mortgages or the rights of the different holders thereof
and/or foreclosure sale purchasers. In the event a Financing Party
becomes Tenant under this Lease or any new lease obtained
pursuant to Section 15c.(8), the Financing Party shall be personally
liable for the obligations of Tenant under this Lease or such new
lease only for the period of time that the Financing Party remains
the Tenant thereunder, and the Financing Party's right thereafter to
assign this Lease or such new lease shall be subject to the
applicable provisions of this Lease. In the event the Financing
Party subsequently assigns or transfers its ~nterest under this Lease
after acquiring the same by foreclosure or deed in lieu of
foreclosure or subsequently assigns or transfers its interest under
any new lease obtained pursuant to Section 15(c)(8), and in
connection with any such assignment or transfer the Financing
Party takes back a mortgage or deed of trust encumbering such
leasehold interest to secure a portion of the purchase price given to
the Financing Party for such assignment of transl~r, then such
mortgage or deed of trust shall be considered a Leasehold
Mortgage as contemplated under this Section and the Financing
Party shall be entitled to receive the benefit of and enforce the
provisions of this Section and any other provisions of this Lease
intended for the benefit of the holder of a Leasehold Mortgage.
Should City terminate this Lease by reason of any default by
Tenant hereunder, City shall, upon written request by the
Financing Party received within thirty (30) days after such
termination, the Financing Party execute and deliver a new lease of
the Premises to the Financing Party, for the remainder o1' the Term
of this Lease with the same agreements, covenants and conditions
(except for any requirements which have been fulfilled by Tenant
prior to termination) as are contained herein provided, huwcver,
that City's execution and delivery of such new lease of the
Premises shall be made without representation or warranty
regarding title to the Premises or any Improvements or the priority
of such new lease. Upon execution and delivery of such new lease,
the Financing Party, at its sole cost and expense, shall be
responsible for taking such action as shall be necessary to cancel
and discharge this Lease and to remove Tenant named herein and
any other occupant from the Premises. Tenant's obligation to enter
11086/0111/709744.5 - l 5-
into such new lease of the Premises with the Financing Party shall
be subject to the following conditions: (i) the Financing Party has
remedied and cured all monetary defaults hereunder and has
remedied and cured or has commenced and is diligently
completing the cure of all nonmonetary defaults of Tenant in
accordance with the terms of this Section, (ii) that if more than one
Financing Party requests such new lease City shall have no duty or
obligation whatsoever to determine the relative priority of such
Leasehold Mortgages held by such Financing Party, and, in the
event of any dispute between or among the Financing Parties, City
shall have no obligation to enter into any such new lease if such
dispute is not resolved to the sole satisfaction of City within ninety
(90) days after the date of termination of this Lease, and (iii) that
Financing Party pay all costs and expenses of City, including,
without limitation, reasonable attorneys' fees, real property
transfer taxes and any escrow fees and recording charges, incurred
in connection with the preparation and execution of such new lease
and any conveyances related thereto.
16. DAMAGE.
Should any Improvements be damaged or destroyed, Tenant shall diligently, but
subject to delays beyond the reasonable control of Tenant (excluding financial matters), repair
and/or rebuild the same to substantially the condition in which the same were immediately prior
to such damage or destruction.
17. DISCRIMINATION.
Tenant shall not discriminate in the use of the Premises or in its operations
thereon, including, but not limited to, membership, administration, and/or employment, against
any person or class of persons by reason of race, color, creed, national origin, religion, age or sex
or for any other reason prohibited by law.
18. CONDEMNATION.
a. Event of Condemnation. If, during the term of this Lease them is a taking,
or transfer of, or damage to all or any part of the Premises for a public use by any individual or
entity, public or private, possessing the power of eminent domain, whether by a condemnation
proceeding or otherwise, the rights and obligations of City and Tenant, with regard to such
taking, transfer or damage shall be governed by the provisions set forth in this Section.
b. "Date of Taking". As used in this Lease, the phrase "date of taking" shall
mean the earliest of the following dates:
the date, if any, after which the condemnor may take possession of
the Premises, as stated in an order authorizing the condemnor to
take possession;
11086/0111/709744.5 - 16-
(2) the date a final order of condemnation or final judgment is filed or
recorded, or the date a deed is recorded in the event of a transfer;
(3) the date that physical possession of the Premises is taken.
c. Termination. This Lease shall, as to the part transferred or taken,
terminate as of the date of taking. In the event only a portion of the Premises is taken or
transferred and the part remaining is not susceptible to the use to which Tenant had put the
Premises prior to such taking or transfer, or if no land is actually taken but the entire property is
damaged by reason of the taking of access rights so that the entire remainder is not susceptible to
such use, then this Lease may be terminated at the option of Tenant by written notice. Such
option to terminate must be exercised by written notice given within ten (10) business days after
the date of taking.
d. Abandonment. In the event the condemning agency shall abandon an
eminent domain proceeding after service of any notice of termination by Tenant, as provided for
in the next preceding section, then Tenant at its option, may revoke and cancel such notice by
notifying City, in writing, not more than thirty (30) days after there has been an abandonment, as
provided in Section 1268.610 of the California Code of Civil Procedure, or any amendment
thereof. Upon an abandonment, either party hereto shall have a right to contest the condemnor's
abandonment, and to recover its respective litigation costs, as provided for in California Code of
Civil Procedure, Section 1268.610 or any amendment thereof. If, after the condemnor takes
possession or Tenant moves from the property sought to be condemned in compliance with an
order of possession, the condemnor abandons the proceeding, s as to such property or portion
thereof, or if it is determined that the condemnor does not have authority to take such property or
portion thereof by eminent domain, and the condemnor is required by law to deliver possession
of such property or such portion thereof to the parties entitled to the possession thereof and pay
damages as are provided for in California Code of Civil Procedure, Section 1268.610, or any
amendment thereof, then City and Tenant shall equitably prorate the award of such damages and
Tenant shall retake possession of the Premises, and all the terms of this Lease shall remain in
operation as though never terminated.
e. Right to Awm'd. In the event that an award is made for an entire or partial
taking or for damages to the Premises or any interest therein in any action in direct or inverse
condemnation, the parties hereto agree that their respective rights to the award or the
compensation paid shall be as follows:
(1)
Tenant shall be entitled to such portion of the award as may be
allocated to the leasehold created by this Lease and the
Improvements;
(2)
City shall be entitled to that portion of the award allocated to the
Premises, exclusive of Tenant's Leasehold interest therein and
Tenant's interest in the Improvements;
11086/0111/709744.5 - 17-
(3)
Severance dmnages shall be provided between the parties in the
ratio in which they share the award as provided in (1) and (2)
above;
(4)
If there is an award made pursuant to a judgment, and neither party
can agree as to the values to be assigned to their respective
interests in such award, the values of these interests shall be
determined under a proceeding governed by the California Code of
Civil Procedures. Neither party will do any act or make any
agreement which will impair the legal obligation of the condemnor
to bear the costs of such proceedings. Both parties agree, however,
that in the event such a proceeding is used, the rights of the
respective parties hereto shall be governed by the formula set forth
herein;
(5)
Any interest paid on the award in condemnation shall be divided
between the parties in the same ratio as the award has been divided
under the terms of subparagraphs (1) and (2) above.
f. Right of Entry. Neither party hereto shall grant a right of entry to any
condemnor without the written consent of the other party hereto.
g. Notice of Action. In the event either party hereto receives actual or
constructive notice of an acts on the part of an entity possessing the power of eminent domain,
which would cause or allow any of the provisions hereof to be invoked, then and in that event,
such party shall immediately notify the other party, in writing, of such information.
19. DEFAULT.
a. Events of Default. The following events shall be deemed to be events of
default ("Events of Default") by Tenant under this Lease regardless of the pendency of any
bankruptcy, reorganization, receivership, ins$1vency or other proceeding which have or might
have the effect of preventing Tenant from complying with the terms of this Lease:
(1)
Failure to pay any payment required to be made hereunder
(whether to City or to any a third party), including taxes (unless
such taxes shall have been bonded and are being diligently
contested), within ten (10) days after the date the same is due.
(2)
Failure to comply with any term, provision or covenant of this
Lease, other than the payment of sums to be paid hereunder, after
written notice from City if Tenant (i) does not immediately
commence taking all necessary and app,ropriate actions to remedy
such failure, or (ii) does not thereafter diligently and continuously
pursue all such remedial actions, or (iii) does not fully cure such
failure within the minimum period of time reasonably required
under the circumstances to achieve a cure, which minimum period
shall be at least thirty (30) days after Tenant's receipt of City's
11086/0111/709744.5 - l 8-
written notice of such failure, in any event within ninety (90) days
after Tenant's receipt of City's written notice of such failure, time
being strictly of the essence; provided, however, that Tenant shall
not be entitled to cure the breach of any covenant that is non-
curable.
(3) Tenant abandons, vacates or surrenders the Building.
(4)
Any right or interest of Tenant is subjected to attachment,
execution, or other levy, or to seizure under legal process, which is
not released within thirty (30) days.
(5)
A receiver is appointed to take possession or control of the
Building, or Tenant's operations on the Premises for any reason,
including assignment for benefit of creditors or voluntary or
involuntary bankruptcy proceedings.
(6)
Tenant makes a general assignment for the benefit of creditors or a
voluntary or involuntary petition is filed by or against Tenant
under any law for the purpose of adjudicating Tenant a bankrupt,
or for extending time for payment, adjustment or satisfaction of
Tenant's liabilities, or for reorganization, dissolution or
arrangement on account of or to prevent bankruptcy or insolvency,
unless such assignment or proceeding, and all consequent orders,
adjudications, custodies and supervisions are dismissed, vacated or
otherwise permanently stayed or terminated within sixty (60) days
after such assignment, filing or other initial event.
b. Remedies. Upon the occurrence of any Event of Default, City may, at its
option, and in addition to and cumulatively of any other rights City may have at law or in equity
or under this Lease, terminate this Lease by notice to Tenant and in conformity with procedures
required hereby, or enforce, by all proper and legal suits and other means, its rights hereunder,
including the collection of sums due hereunder, without re-entering or resuming possession of
the Premises and Improvements, and without terminating this Lease, in which event City shall
have all remedies available at law or in equity, and should it be necessary for City to take any
legal action in connection with such enforcement, the Tenant shall pay City all reasonable
attorneys' fees so incurred, all without prejudice to any remedies that might otherwise be used by
City for recovery or arrearages of sums due hereunder, damages as herein provided, or breach of
covenant.
c. Waiver. A waiver by either party of any default or breach by the other
party of any provision of this Lease shall not constitute or be deemed to be a waiver of any
subsequent or other default or breach. No waiver shall be binding, unless executed in writing by
the party making the waiver; waivers on behalf of City must be given by resolution of the City.
No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give
the other any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of
rent pursuant to this Lease shall not constitute a waiver of any preceding default by Tenant other
11086/0111/709744.5 - 19-
than default in the payment of the particular rental payment so accepted, regardless of City's
knowledge of the preceding breach at the time of accepting the rent; nor shall acceptance of rent
or any other payment after expiration or termination constitute a reinstatement, extension, or
renewal of the Lease or revocation of any notice or other act by City.
20. HOLDING OVER.
If Tenant shall hold over on the Promises after the expiration of the term hereof,
with the consent of City, either express or implied, such holding over shall be construed to be
only a tenancy from month to month, terminable by either party upon thirty (30) days' prior
written notice to the other, and shall otherwise be subject to all the covenants, conditions and
obligations hereof, and Tenant hereby agrees to pay to City the same monthly rental as provided
in this Lease; provided, however, that nothing herein contained shall be construed to give Tenant
any rights to so hold over and to continue in possession of the Premises after the expiration of the
term hereof.
21. SIGNS.
Subject to compliance with applicable law and the City's reasonable approval,
Tenant may, at Tenant's cost, place a sign on the Premises in early 2003 indicating that a YMCA
will be built on the Premises.
22. ARBITRATION OF DISPUTES.
Any dispute regarding this lease or the enforcement or interpretation of this Lease
or whether a default has occurred shall be determined pursuant to the provisions of this Section,
except that City shall retain and have the right to conduct an action for unlawful detainer in the
event of a holding over by Tenant without the express written consent of City. Either City or
Tenant may initiate such proceedings by giving written notice to the other stating an intention to
arbitrate, the issue to be arbitrated, and the relief sought. Such arbitration shall be conducted
pursuant to the provisions of the laws of the State of California then in force, with the then-
existing rules of procedure to be those of the American Arbitration Association or its successor
insofar as said rules of procedure do not conflict with the laws of the State of California then in
force; except that the California Code of Civil Procedure with respect to the rules of discovery
shall apply to any arbitration undertaken pursuant to this Section. Once notice to arbitrate has
been given, City and Tenant shall jointly, within fifteen (15) days after such notice, select one (1)
arbitrator, or if they cannot agree on one (1) arbitrator then each shall select an arbitrator within
twenty (20) days after delivery of said notice, and the two (2) arbitrators selected shall designate
the third Arbitrator within twenty-five (25) days after delivery of said notice. The three (3)
arbitrators shall convene as soon as practicable and offer City and Tenant the opportunity to
present their cases. If any party to the arbitration, after being duly notified, fails to appear,
participate or produce evidence at an arbitration hearing, the arbitrator(s) may make an award
based solely on the evidence actually presented. The arbitrators shall, by majority vote, make
such award and decision as is appropriate, and in accord with the terms of this Lease and
applicable law, and such award shall be binding upon City and Tenant and enforceable in a court
of law. The cost of arbitration shall be borne by City and Tenant as determined by the
arbitrators. In the event either party fails to appoint an arbitrator or the two (2) arbitrators fail to
11086/0111/709744.5 -20-
select a third arbitrator within the time required by this Section, then upon application of either
party, the arbitrator shall be appointed by the American Arbitration Association, or if there be no
American Arbitration Association or it shall refuse to perform this function, then, at the request
of either City or Tenant, such arbitrator shall be appointed by the then presiding Judge of the
Superior Court of the State of California for the County of Riverside.
NOTICE: By initialing in the space below you are agreeing to have any dispute
arising out of the matters included in the "Arbitration of Disputes" provision decided by neutral
arbitration as provided by California law and you are giving up any rights you might possess to
have the dispute litigated in a court or jury trial. By initialing in the space below you are giving
up your judicial rights to discovery and appeal, unless those rights are specifically included in
this "Arbitration of Disputes" provision. If you refuse to submit to arbitration after agreeing to
this provision, you may be compelled to arbitrate under the authority of the California Code of
Civil Procedure. Your agreement to this arbitration provision is voluntary. We have read and
understand the foregoing and agree to submit disputes arising out of the matters included in the
"Arbitration of Disputes" provision to neutral arbitration.
City Tenant
23. GENERAL.
a. Attorneys' Fees. In the event that any arbitration is commenced for the
enforcement or declaration of any right or remedies in or under this Lease or for the breach of
any covenant or condition of this Lease then, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs from the other party.
b. Waiver. No waiver of any breach of any of the terms, covenants,
agreements, restrictions or conditions of this Lease shall be construed as a waiver of any
succeeding breach of the same or other covenants, agreements restrictions and conditions hereof.
c. Lease Binding on Successors and Assigns. Subject to Sections 14 and 15
above, covenants and conditions of this lease shall extend to and be binding on and inure to the
benefit of City, Tenant, and their respective successors and assigns.
d. Inspection. City and City's agents and representatives may enter upon the
Premises at any reasonable time for the purpose of attending to City's business, preserving City's
interests hereunder or inspecting the Premises or the Improvements.
e. Relationship of the Parties. The relationship of the parties hereto is that of
landlord and tenant, and it is expressly understood and agreed that City is not in any way, nor for
any purpose, a guarantor or partner of Tenant or a joint venturer with Tenant in the conduct of
Tenant's business, or otherwise.
f. Authority. The person(s) executing this Lease on behalf of Tenant hereby
represents and warrants that they are duly authorized by Tenant to do so and thereby bind Tenant
to the terms hereof, and that this Lease has been duly authorized and approved by Tenant.
11086/0111/709744.5 -21 -
g. Time of Essence. Time is expressly declared to be of the essence of this
h. · Quitclaim. At the expiration or earlier termination of this lease, Tenant
shall execute, acknowledge and deliver to City, within five (5) days after written demand from
City, a recordable quitclaim deed or other document deemed necessary or desirable by City's
counsel to eliminate Tenant's interest in the Premises and Improvements as a matter of public
record, and Tenant hereby appoints City as its attorney-in-fact to do so in the event Tenant fails
to do so.
i. Construction of Lease. This Lease shall not be constructed for or against
either City or Tenant, but shall be construed in accordance with the fair amending of the
language used in this lease. The captions in this Lease are for convenience only and shall not be
considered or referred to in resolving questions of construction.
j. Governing Law. This Lease shall be governed by the laws of the State of
California (without regard to conflict of laws rules).
24. SEVERABILITY.
If any provision of this Lease shall be adjudged to be invalid, void or illegal, it
shall in no way affect, impair or invalidate any other provisions hereof, the parties hereby
agreeing that they would have entered into the remaining portion of this Lease notwithstanding
the omission of the portion or portions adjudged invalid, void or illegal.
25. ENTIRE AGREEMENT/AMENDMENTS.
This Lease constitutes the entire agreement of the parties concerning the subject
matter hereof and all prior and counterperaneous agreements and understandings, oral or written,
are hereby merged herein. This Lease may not be modified or amended except in a writing duly
approved and signed by all of the parties hereto. Both parties agree that no estoppel argument an
be raised during legal proceedings in order to avoid the provisions of this Section.
26. MEMORANDUM OF LEASE.
City shall, upon written request of Tenant and simultaneously with the
commencement of the Lease term, execute, acknowledge and record in the office of the county
recorder of Riverside County, a memorandum of this Lease in the form attached hereto as
Exhibit C; however, failure so to do shall not affect the validity of this Lease.
27. NOTICES.
Any notice to be given or other document to be delivered by either party to the
other hereunder may be delivered in person to either party, or may be deposited in the United
States mail, in the State of California, duly registered or certified, with postage thereon fully
prepaid and addressed to the party for whom intended as follows:
11086/0t I t/709744.5 -22-
To City:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Attn: City Manager
To Tenant:
YMCA of Riverside City and County
26111 Ynez Road
Suite B~26
Temecula, CA 92591
Attn: Executive Director
Either party hereto may, from time to time, by written notice to the other party,
designate a different address which shall be substituted for the one above specified. If any notice
or other document is sent by registered or certified mail, as aforesaid, the same shall be deemed
served or delivered On the third business day after the mailing thereof, as above provided.
28. EXHIBITS.
The following Exhibits are attached hereto and incorporated herein by this
reference as though set forth in full:
Exhibit A
Description of Park
Exhibit B
Legal Description of Premises
Exhibit C
Form of Memorandum of Ground Lease
29. COUNTERPARTS. This Lease may be executed in separate counterparts, each
of which when so executed and delivered shall be an original, but all such cotmterparts shall
together constitute but one and the same instrument.
[The remainder of this page has been intentionally left blank]
11086/0111/709744.5 -23-
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and
year first above written:
CITY:
CITY OF TEMECULA
By:.
Jeffrey E. Stone, Mayor
ATTEST:
Susan Jones, City Clerk
Peter Thorson, City A~o nmmmmm~y
TENANT:
YMCA OF RIVERSIDE CITY AND COUNTY,
INC., a California non-profit organization
By:.
Name:
Title:
By:.
Name:
Title:
1 t086/0111/7097445 -24-
EXltlBIT A
Description of Park
(See attached diagram.)
11086/0tl 1/709744.5 A- l
ERhibit "A"
921- lO
7-10
? CO
rB.A.
0~$-004
015-057
9 1-$0
PAR, I
$.G4 AC. Nt
PAR. ~
PAR. 4
II. ~4 Ac. NI.
LOT 14
P. A4. GI/85-84
M B. 54/B5-
Parcel Map 11170
Tract No. $$$4
Exhibit "A" Continued
EXHIBIT B
Legal Description of Premises
11086/01111709744.5 B- 1
EXHIBIT -,'a',
LEGAL DESCRIPTION
GROUND LEASE EASEMENT
MARGARITA COMMUNITY PARK
THAT PORTION OF PARCEL 14 OF TRACT MAP 3334, AS SHOWN ON A TRACT
MAP ON FILE IN BOOK 54 AT PAGES 25 THROUGH 30, INCLUSIVELY OF
TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY MOST CORNER OF PARCEL 14 AS
SHOWN ON SAID MAP, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-
WAY OF MARGARITA ROAD;
THENCE SOUTH 34054'52'' WEST, 317.50 FEET ALONG THE WEST LINE OF
SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE OF SAID PARCEL 14, SOUTH 55°05 '08"
EAST, 166.50 FEET;
THENCE SOUTH 06024'52'' WEST, 49.50 FEET;
THENCE SOUTH 68024'52'' WEST, 179.50 FEET;
THENCE NORTH 55005'08" WEST, 91.05 FEET TO A POINT ON THE WEST LINE
OF SAID PARCEL 14;
THENCE NORTH 34054'52'' EAST, 193.18 FEET ALONG THE WEST LINE OF
SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING.
CONTAINING 28,799.55 SQUARE FEET OR .661 ACRES MORE OR LESS.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B"
AND THEREBY BEING MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION:
RONALD J. PARKS
DEPUTY DIRECTOR OF PUBLIC WORKS
REGISTERED CIVIL ENGINEER NO. 19744
EXPIRES 9-30-05
~ .-~/ '~ ~Y "OST CORNER OF
[2
/ LINE TABLE
NO. DIRECTION DISf~CE I
L1 S 55'05'08" E 166.50'
L2 S 624'52" W 49.50'
L~ S 6~24'52" W ~79.50'
L4 N 55'05'08" W 91.05'
APHT.,. PARCEL 921-300-006333414 L5 N 34'54'52" E 193.18' Il
M.D. 54/25-30 LEGEND JO
PORTmON BEmNG DESCR'SED
c rror
~~ ~X ~ OEPARFUENF OF PUBLIC ~ORKS
~ ~1Wo.]9~%~'~11 ~ I
CITY OF TEMECULA
PREPARED BY:
CITY OF TEMECULA
4J200 BUSINESS PARK DR,
[EMECULA. CA 92.590
(~o~) ~-6~n
NO. DIRECTION DISTANCE
L1 S 55'05'08" E 166.50'
L2 S 6'24'52" W 49.50'
L3 S 68'24'52" W 179.50'
L4 N 55'05'08" W 91.05'
L5 N 54'54'52" E 193,18'
EXHIBIT C
Form of Memorandum of Ground Lease
WHEN RECORDED RETURN TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MEMORANDUM OF GROUND LEASE
THIS MEMORANDUM OF GROUND LEASE ("Memorandum"), dated as of
January 14, 2003, is by and between the CITY OF TEMECULA, a municipal corporation (the
"City") and YMCA OF RIVERSIDE CITY AND COUNTY, 1NC., a California non-profit
corporation ("Tenant"). All capitalized terms used but not otherwise defined herein shall have
the meanings ascribed to them in the Lease (defined below).
W1TNESSETH:
That for value received, City and Tenant do hereby covenant, promise and agree as
follows:
1. Leased Premises and Date of Lease. City hereby leases to Tenant, and Tenant hereby
leases from City, for the Term (as hereinafter defined), certain real property and other property
which is described on the attached Exhibit A (the "Site"), pursuant to the terms of a Ground
Lease between City and Tenant dated as of January 14, 2003 (as may be amended, modified,
extended, supplemented, restated or replaced from time to time, the "Lease").
2. Term~ Renewal Option. The term of the Lease for the Site ("Term") commences on
January 14, 2003 and shall ~nd forty-nine (49) years thereafter, unless the Term is earlier
terminated in accordance with the provisions of the Lease. The Tenant has one (1) option to
extend the Term for twenty (20) years.
11086/0111/709744.5 C- 1
3. Effect of Memorandum. The purpose of this instrument is to give notice of the Lease
and its respective terms, covenants and conditions to the same extent as if the Lease was fully set
forth herein. This Memorandum shall not modify in any manner the terms, conditions or intent
of the Lease and the parties agree that this Memorandum is not intended nor shall it be used to
interpret the Lease and in the event of any conflict between the Lease and this Memorandum, the
Lease shall control.
1N WITNESS WHEREOF, the parties hereto have duly executed this instrument as of the
day and year first written.
CITY:
CITY OF TEMECULA
By:_
Jeffrey E. Stone, Mayor
ATTEST:
Susan Jones, City Clerk
APPROVED AS TO FORM:
Peter Thorson, City Attorney
TENANT:
YMCA OF RIVERSIDE CITY AND COUNTY,
INC., a California non-profit organization
By:
Name:
Title:
By:
Name:
Title:
11086/0ll 1/709744.5 C-2
STATE OF CALIFORNIA )
COUNTY OF )
On 2003, before me, the undersigned, a Notary Public in and for said
State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA )
COUNTY OF .)
On 2003, before me, the undersigned, a Notary Public in and for said
State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
11086/0111/709744.5 C-3
STATE OF CALIFORNIA )
COUNTY OF )
On 2003, before me, the undersigned, a Notary Public in and for said
State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA )
COUNTY OF .)
On 2003, before me, the undersigned, a Notary Public in and for said
State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the Within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
11086/0111/709744.5 C-4
STATE OF CALIFORNIA )
COUNTY OF _)
On 2003, before me, the undersigned, a Notary Public in and for said
State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
I 1086/0111/709744.5 C-5
Exhibit A to Memorandum of Ground Lease
Site Description
11086/0111/709744.5 C-6
EXHIBIT
LEGAL DESCRIPTION
GROUND LEASE EASEMENT
MARGARITA COMMUNITY PARK
THAT PORTION OF PARCEL 14 OF TRACT MAP 3334, AS SHOWN ON A TRACT
MAP ON FII.E IN BOOK 54 AT PAGES 25 THROUGH 30, INCLUSIVELY OF
TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY MOST CORNER OF PARCEL 14 AS
SHOWN ON SAID MAP, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-
WAY OF MARGARITA ROAD;
THENCE SOUTH 34054'52'' WEST, 317.50 FEET ALONG THE WEST LINE OF
SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE OF SAID PARCEL 14, SOUTH 55005'08''
EAST, 166.50 FEET;
THENCE SOUTH 06024'52'' WEST, 49.50 FEET;
THENCE SOUTH 68024'52'' WEST, 179.50 FEET;
THENCE NORTH 55005'08'' WEST, 91.05 FEET TO A POINT ON THE WEST LINE
OF SAID PARCEL 14;
THENCE NORTH 34054'52'' EAST, 193.18 FEET ALONG THE WEST LINE OF
SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING.
CONTAINING 28,799.55 SQUARE FEET OR .661 ACRES MORE OR LESS.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACI~D "EXHIBIT B"
AND THEREBY BEING MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION:
RONAI.D J. PARKS
DEPUTY DIRECTOR OF PUBLIC WORKS
REGISTERED CIVIL ENGINEER NO. 19744
EXPIRES 9-30-05
J. PARK~
No.
R:~C1P',PROJECTS~PW95LPW95 - 19X~LEGAL~Y3/ICA.doc
ITEM 6
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City ManagedCity Council
Genie Roberts, Director of Finance
January 14, 2003
Community Development Block Grant Application Proposals for FY 2003/04
PREPARED BY: Gus Papagolos, Fiscal Services Manager
RECOMMENDATION: That the City Council:
Approve the Community Development Block Grant (CDBG) funding recommendation from the
Finance Committee and staff.
Authorize the Director of Finance to execute Sub-Recipient Agreements and to reprogram
CDBG funds in accordance with the current budget resolution for general administration of the
Fiscal Year 2003-04 Community Development Block Grant Funds.
DISCUSSION: The CDBG program is a federal grant program administered by the
Department of Housing and Urban Development (HUD) in which funding is allocated to the City
annually through the Economic Development Agency (EDA) of Riverside County.
The application requests were also reviewed for eligibility for CDBG funding by our program
representative at the EDA and all of the applications are eligible for funding. In order for a project to
be considered for funding, it must meet one of the following national goals:
The activity benefits 51 percent Iow/moderate income persons; or,
The activity aids in the prevention or elimination of slums or blight; or,
The activity meets an emergent community development need.
A total of ten (10) applications were submitted to the City for consideration and all were determined to
be eligible for CDBG funding. The City's allocation for FY 03/04 is anticipated to be $386,964. CDBG
regulations impose a 15 percent cap from the total allocation for Public Services. The Finance
Committee is recommending a total expenditure of $58,044 for Public Services, which is within the
15% cap and the balance of $328,920 for public facilities and capital improvement project (refer to
table on the following page).
2003-04 CDBG Allocation - estimate $386,964
Less Public Services (15% CAP) -58,044
Project FUnding availabie fo~ PbbiiC F~ilities/infrastrUCtUre $32si920
Due to the possibility that the City's allocation may be reduced, it is recommended that all projects
be reduced equally, according to the percentage in allocation reduction. All projects are subject to
final approval at a future Riverside County Board of Supervisors meeting. The EDA will submit a
supplemental agreement to the City identifying the projects approved for funding in June 2003.
Also, for general information this FY 2003/2004 CDBG funding cycle begins the first year of a three-
year cooperation agreement with the County EDA. At the term of this agreement the City will review
the benefits for application of entitlement status with HUD.
The Finance Committee composed of Mayor, Jeff Stone, and Mayor Pro-Tern, Mike Naggar met on
December 17, 2002 and after thorough review, are proposing CDBG funding for seven (7) public
service organizations and one (1) City capital project as described in the attachment.
FISCAL IMPACT: The CDBG funds allocated to outside agencies have no impact on the City,
other than staff time needed to administer program requirements.
Attachments: 1. Finance Committee Recommendations
2. FY 03/04 CDBG Applications Funding Summary
FINANCE COMMITTEE FUNDING RECOMMENDATIONS
Prior Year Funding Finance Committee
Public Services Funding Requested Funding Recommendation
Boys & Girls Club of Temecula $11,000 $30,000 11,000
Emergency Food Aid 10,000 10,000 10,000
Alternatives to Domestic Violence 10,000 36,750 10,000
(ADV)
Operation School Bell 11,000 15,000 t 4,000
YMCA 4,500 10,000 7,500
Rape Crisis Center 4,000 5,000 4,000
Family Service Association of 0 10,000 0
Western Riverside County
Safe Alternatives for Everyone No Request 5,000 0
Court Appointed Special Advocates No Request 50,000 1,544
American Red Cross Riverside 2,393 0 0
County
Total Public Services Projects
($58,044) $ 52.893 $171.750 ~
Non-Public Service Projects Prior Year Funding Finance Committee
Facility Expansion Funding Requested Funding Recommendation
Old Town Gymnasium $ 249,730 $ 400,000 $ 328,920
RDA Pujol Street Sidewalk Phase II 50,000
Total Non-Public Service $ 299.730 $ 171.750 $ 328.920
Grand
(Total projected CDBG Al~ation
($386,964) 1
$ 571.7501
$ 386.964
City of Temecula
FY 03~04 CDBG Applications Funding Summary
FUND NG RY
^~r~, ,~ .... ......... ~,,~,~ QUAE F~ NG PRO~ECT SUMMA
Boys & Girls Club of Boys & Girls Public Service/ Scholarship program for Iow-
Temecula Club of $30,000 Low-Mod Income income families to participate
Temecula in AM/PM Camp activities &
transportation.
Emergency Food & Temecula Public Service/ Provide emergency food
Aid Senior Center $10,000 Limited Clientele distribution and limited utility
assistance to households
based on referrals from Social
Services and local churches.
Alternatives to Alternatives to Public Service/ Provide 24-hour crisis
Domestic Violence Domestic $36,750 Limited Clientele intervention, advocacy
Violence services, shelter, community
education and the Children's
Support Program.
Operation School Asst. League of Public Service/ Provide clothing to children
Bell Temecula $15,000 Low-Mod Income identified byTVUSD in need of
Valley clothing.
Public Service/ This program will provide
YMCA YMCA $10,000 Low-Mod Income scholarships to day camp for
under privileged children at
Temecula Elementary School.
Riverside County Local Rape Public Service/ This program provides
Rape Crisis Center Crisis Center $5,000 Low-Mod Income assistance to victims of
sexual assault in the
Temecula area at Rancho
Springs Medical Center.
Family Services Family Services Public Service/ Assist elementary youth,
Association of Association of $10,000 Low-Mod Income teachers and families to
Western Riverside Western reduce the risk of angry
County Riverside related behavior
County START)
Safe Alternatives for Safe Public Service/ Provide services for children,
Everyone Alternatives for $5,000 Low-Mod Income youth and families who have
Everyone experienced or are at risk of
(SAFE) abuse and violence.
City of Temecula
FY 03~04 CDBG Applications Funding Summary
~ ', ~=~ ',~ ~ .... QU~IE~I~G UMM~Y
~REQUES~ ~
Court Appointed Court Public Service/ CASA trains community
Special Advocates Appointed $50,000 .ow-Mod Income volunteers to se~e as cou~
of Riverside CounW Special advocates for
Advocates of abused/neglected children
Riverside who have been removed from
their homes in order to ensure
Coun~ (CASA) the child's safe~.
Old Town Temecula Temecula Design and construct an
Communi~ $400,000 Public Facili~ indoor Gymnasium in Old
Gymnasium Se~ices Town with approx 6,800 sq ff
District and spectator seating.
Estimated Cost to build is
$950K. The Ci~ will pa~ner
with the Temecula Boys &
Girls Club on this project.
2
ITEM 7
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Susan W. Jones, City Clerk/Director of Support Services
DATE:
Janua~ 14,2003
SUBJECT: Award of Contract for P.C. Workstations
Prepared by: Tim Thorson, Information Systems Manager ~
RECOMMENDATION: Award a contract for Pentium based computer workstations to Tech
101 - Arcus, Inc., of Irvine, California in the amount of $92,000.70.
BACKGROUND: On December 10th 2002, Mayor Pro Tern Stone made a motion to
continue the PC Workstation Upgrade Proposal pending further review of bid procedures. The City
Manager reviewed the bid process, and determined that 5 local Temecula firms received an RFP.
Of those 5 firms, only 1 firm made a bid, Tek Visions, which was $33,000 higher than the lowest bid.
Furthermore, after a thorough review of all the computer businesses that have a City business
license, it was evident that only a handful of local computer vendors are capable of building the
computers and supporting a three-year maintenance plan for the City. Because of the immediate
business need to purchase these computers, the City Manager recommends that the Council award
the current computer contract. Additionally, the City will take the following future steps:
1. Send notices to all computer businesses listed in the Temecula Business License Database, and
let them know about our future computer purchases.
2. Invite these businesses to meet individually with the City Information Systems Manager and the
Fiscal Services Manager to present the benefits of that particular company and be placed on the
bidder list.
3. Continue to consider the 1% local sales tax preference in selecting firms for computers.
This approach will increase the potential for local firms to compete for future computer bids. As a
result, this agenda item is being readdressed at this time.
FISCAL IMPACT: Adequate funds were appropriated in the 2002-03 Fiscal Year Budget for the
Information Services Internal Services fund.
ATTACHMENTS: Agenda Report dated December 10, 2002
EQUIPMENT PURCHASE AGREEMENT
BE'I'WEEN ClTYOF TEMECULA
AND TECH 101- ARCUS, INC.
This Purchase Agreement ("Agreement") is made as of January 14, 2003, by and
between the City of Temecula ("City"), a municipal corporation, and Tech 101 - Arcus, Inc.
("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties
agree as follows:
1. Purchase and Sale of Equipment. On and subject to the terms and
conditions set forth in this Agreement and the Contract Documents, Vendor agrees to sell and
deliver to City Personal Computer Workstations as more particularly described in Exhibit A,
Description of Equipment, attached hereto and incorporated herein as though set forth in full
(hereafter "Equipment").
2. Purchase Price. The Purchase Price which City agrees to pay to Vendor for
the Equipment is Ninety Two Thousand Dollars and Seventy Cents ($92,000.70) The Pumhase
Price is final and shall be paid by City to Vendor in accordance with the following schedule: Net 30
3. Representations and Warranties of Vendor. Vendor makes the following
representations and warranties to City:
a. Authority and Consents. Vendor has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement. No
approvals or consents of any persons are necessary in connection with Vendor's
execution, delivery and performance of this Agreement, except for such as have
been obtained on or prior to the date hereof. The execution, delivery and
performance of this Agreement by Vendor have been duly authorized by all
necessary action on the part of Vendor and constitute the legal, valid and binding
obligations of Vendor, enforceable against Vendor in accordance with their
respective terms.
b. Title and Operatin.q Condition. Vendor has good and marketable title
to all of the Equipment. All of the Equipment are free and clear of any restrictions on
or conditions to transfer or assignment, and City will acquire absolute title to all of the
Equipment free and clear of mortgages, liens, pledges, charges, encumbrances,
equities, claims, covenants, conditions and restrictions except for such as may be
created or granted by City. All of the Equipment are in good operating condition, are
free of any defects, and are in conformity with the specifications, descriptions,
representations and warranties set forth in the Contract Documents. Vendor is
aware that City is purchasing the Equipment for use as Computer Workstations on
the City's Wide Area Network consisting of both Microsoft NT and Novell Servers
and that City is relying on Vendor's warranties that the Equipment is fit for this
purpose and the ordinary purposes for which the Equipment is normally used.
c. Full Disclosure. None of the representations and warranties made by
Vendor in this Agreement contain or will contain any untrue statement of a material
fact, or omits to state a material fact necessary to make the statements made, in light
of the circumstances under which they were made, not misleading.
960829 11086-00001 sas 1480191 0
4. Time of Delivery. The date and time of delivery of the Equipment shall be on
or before February 3, 2003 with weekly deliveries of at least ten (10) per week through March 21,
2002.
5, Place of Delivery, The Equipment shall be delivered to this location: City of
Temecula, 43200 Business Park Drive, Temecula, CA 92590
6. Title and Risk of Loss. Title to and the risk of loss, damage and destruction
of the Equipment shall remain with the Vendor until after inspection and acceptance of the
Equipment by City.
7. Inspection and Acceptance. City shall inspect the Equipment at the time
and place of delivery. Such inspection may include reasonable tests and use of the Equipment by
City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY
MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the
Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the
date of receipt.
8. Reiection. In the event of such notice of non-conformity by City pursuant to
Section 7, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the
Equipment, or (3) accept any commercial unit or units of the Equipment and reject the remainder.
The exercise of any of the above options shall be "without prejudice" and with full reservation of any
rights and remedies of City attendant upon a breach. In the event of such notice and election by
City, City agrees to comply with ali reasonable instructions of Vendor and, in the event that
expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for
such expenses.
9. No Replacements of Cure. This Agreement calls for strict compliance.
Vendor expressly agrees that both the Equipment tendered and the tender itself will conform fully to
the terms and conditions of the Agreement on the original tender. In the event of rejection by City of
the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required
to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure
of the original tender by Vendor.
10. Maintenance. Vendor shall maintain the Equipment in accordance with the
terms of the maintenance schedule attached hereto as Exhibit D, and incorporated herein by this
reference as though set forth in full. In performing the maintenance of the Equipment, Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Vendor hereunder in meeting its maintenance
obligations under this Agreement.
11. Indemnification. Vendor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees, agents and volunteers from and against any and
all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its
officers, officials, employees, agents or volunteers 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 or from the
Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole
negligence of the City.
960829 11086-00901 sas 1480191 0 - 2 -
12. Contract Documents.
a. This Agreement incorporates by reference as if fully set forth herein
the following documents, (1) Request for Proposal dated November 7, 2002,
attached hereto as Exhibit A; (2) Vendor's response to the Request for Proposal
dated November 21,2002 attached hereto as Exhibit B.
b. In the event any term or condition of the Contract Documents conflicts
with or is contradictory to any term or condition of the Agreement, the terms and
conditions of this Agreement are controlling.
c. In the event of a conflict in terms between this Agreement, the RFP
and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP
and the Vendor's Response to the RFP, and the RFP shall prevail over the Vendor's
Response to the RFP.
13. Remedies. The remedies and rights conferred on the City by this Agreement
are in addition to and cumulative with all other remedies and rights accorded the City under law or
equity.
14. Survival of Representations and Warranties. All representations,
warranties, covenants and agreements of the parties contained in this Agreement shall survive the
execution, delivery and performance of this Agreement.
15. Leqal Responsibilities. The Vendor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect
the performance of its service pursuant to this Agreement. The Vendor 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 Vendor to comply with this section.
16. Assiqnment. This Agreement may not be assigned by Vendor without the
express written consent of City. This Agreement shall be binding on, and shall inure to the benefit
of, the parties to it and their respective heirs, legal representatives, successors and assigns.
17. Severabilit¥. If any provision of this Agreement is held invalid or
unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of
this Agreement be construed to remain fully valid, enfomeable, and binding on the parties.
18. PROHIBITED INTEREST. 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 contractor/consultant covenants and agrees to their knowledge that no board
member, office 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
960829 11086-00001 sas 1480191 0 - 3 -
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.
19. Entire A.qreement; Modification; Waiver. This Agreement, constitutes the
entire agreement between the parties pertaining to the subject matter hereof and thereof and
supersedes all prior and contemporaneous agreements, representations and understandings of the
parties, whether oral or written. No supplement, modification or amendment of this Agreement or
the Contract Documents shall be binding unless executed in writing byall the parties. No waiver of
any of the provisions of this Agreement or the Contract Documents shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a
continuing waiver. No waiver shall be binding unless executed in writing by the party making the
waiver.
20. Notices. All notices, requests, demands, and other communications under
this Agreement shall be in writing and shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third business day
after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or
certified, postage prepaid, or on the first business day after being deposited with an overnight carrier
for delivery the next business day, and properly addressed as follows:
To Vendor at: Tech 101- Arcus, Inc.
16812 Milikan Ave.
Irvine, CA 92606
To City at:
City of Temecula
43200 Business Park Drive
Temecula, California 92589
Attn: Tim Thorson
Any party may change its address for purposes of this paragraph by giving the other
parties written notice of the new address in the manner set forth above.
21. Effects of Headinqs. The subject headings of the sections and subsections
of this Agreement are included for convenience onty and shall not affect or be considered in the
construction or interpretation of any of its provisions.
22. GovernincI Law. This Agreement shall be construed in accordance with, and
governed by, the laws of the State of California as applied to contracts that are executed and
performed entirely in California.
////
960829 11086-00001 sas 1480191 0 - 4 -
IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on
the day and year first above written.
CITY OF TEMECULA
Jeffrey E. Stone, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
Tech 101-Arcus, Inc.
16812 Milikan Ave.
Irvine, CA 92606
960529 11086-00001 sas 1480191 0
EXHIBIT A
REQUEST FOR PROPOSAL DATED NOVEMBER 7, 2002
ATTACHED HERETO & INCORPORATED HEREIN.
960829 11086-00001 sas 1480191 0
-6-
EXHIBIT B
VENDOR'S RESPONSE TO THE REQUEST FOR
PROPOSAL DATED NOVEMBER 21,2002
ATTACHED HERETO & INCORPORATED HEREIN.
960829 11086-00001 sas 1480191 0 - 7 -
CITY
DIR. OF FINANCE~___~_~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Susan W. Jones, City Clerk/Director of Support Services
DATE:
December 10, 2002
SUBJECT: Award of Contract for P.C. Workstations
Prepared by: Thomas Hafeli, Information Systems Administrator
RECOMMENDATION: Award a contract for Pentium based computer workstations to Tech
101 - Arcus, Inc., of Irvine, California in the amount of $92,000.70.
BACKGROUND: The City recently completed a Request for Proposal (RFP) for the purpose to
select a qualified vendor to pumhase seventy-f'we (75) Pentium based computer workstations.
These computem will be replacing older systems that no longer meet the technical requirements
necessary to run the newer applications in use at the City. A total of twenty-three (23) proposals
were received and reviewed. The proposals ranged from a Iow of $92,000.70 from Tech 101 -
Arcus, Inc., of Irvine, California to a high of $177,222.13.
Vendor Name >C Unit Price rOTAL PRICE
Tech 101 - Arcus Inc 1,226.6~ 92,000.7(
Micml-ink 1,246.67 93,500.0t=
z'r Group Intil inc 1,262.4s 94,686.7,~
Custom Built Solutions Inc 1,306.6E 98,001.47
Shea PC 1,309.94 98,245.5C
Advanced Micro Systems Inc 1,311.5~ 98,369.21
Golden Star Technology 1,314.43 98,582.0~
Jaguar Computer Systems 1,345.8{3 100,934.81
Ar9entive 1,363.1G 102,232.5~
Dell Marketing LP. 1,378.12 103~359.1,q
www.acnt.com 1~394.15 104,561.41
Gateway Companies 1,407.22 105,541.13
CompuSource 1,412.80 105,959.9~3
Computer Masters 1,495.57 112,167.7,~
Communications Professionals 1,527.50 114,562.50
Sterling Computers 1,562.38 117,178.13
¥1arketware Technologies 1,603.80 120,285.37
E~ &L Computers 1,561.84 124,638.01
rek w~ns 1,678.02 125,851.31
3DW Government, Inc 1,700.94 127,570.78
ritan computer sen~ices 1,703.4( 127~759.51
)o It Smarter 1~822.6( 136~694.77
.3o D~[,ution 2,362.9( 177,222.t.~
Tech 101 -Arcus, Inc., of Irvine, California submitted the lowest qualified quote, meeting all the
technical specifications of the RFP.
FISCAL IMPACT: Adequate funds were appropriated in the 2002-03 Fiscal Year Budget for the
Information Services Internal Services fund.
Attachment: Request for Proposal Price Sheet - Tech 101 - Arcus Inc.
Equipment Purchase Agreement
EXHIBIT A
REQUEST FOR PROPOSAL DATED NOVEMBER 7, 2002
ATTACHED HERETO & INCORPORATED HEREIN.
960829 11086~0001 s~ 1480191 0 - 6 -
of Temecula
43200 Business Park Ddve- PO Box 9033 - Temecula, Callfomla 92689-9033
(909) 694-6444
FAX (909) 694-6498
November 7, 2002
REQUEST FOR PROPOSALS
The City of Temecula, hereinafter referred to as the City, is inviting proposals for seventy five (75)
Computer Workstations. The purpose of the Request For Proposal (RFP) is for the City to select a
qualified firm (hereinafter referred to as '~/endor'3.
Time Schedules:
The following is the City's tentative schedule for the selection of a Vendor:
1. Request For Proposal Mailed:
Thursday, November 7, 2002
2. Deadline for Filing RFP:
Monday, November 25, 2002, no later than 4.'00 PM
3. Staff Review of Proposals:
November 26 - December 10, 2002
4. Award of Contract:
Wednesday, December 11, 2002
Prior to 4:00 p.m., Monday, November 25, 2002, an o~cjinal and four (4) copies of the proposal (Exhibit
'A') shall be submitted in a sealed envelope to:
Via U.S. Mail:
Walk-in Delivery or Courier Service:
City of Temecula
Attn: City Clerk
P.O. Box 9033
Temecula, CA 92589-9033
City of Temecula
Attn: City Clerk
43200 Business Park Dr
Temecula, CA 92590
Please clearly identify the peckage- IS12-03 RFP PC Upgrade
Any questions pertaining to ~is Request For Proposal may be directed to Tim Thorson, Information
Systems Manager or Tom Hafeli at (909) 694-6444, FAX at (909) 694-6498.
Sincerely,
CITY OF TEMECULA
Gus Papagolos
Fiscal Services Manager
RFP PC workstations
1
CITY OF TEMECULA
REQUEST FOR PROPOSAL
PC Workstations
PART I: SELECTION CRITERIA
A final contract will be awarded to the Vendor who can best meet the requirements as specified;
and provide the highest quality and cost effective professional service to the City, as determined
by the City Council based on the following factors (which are listed without implication of
priority):
Information regarding the Vendor's experience and qualifications to successfully sell
generic PC Workstations.
The ability and willingness of the Vendor to meet all requirements as outlined in the
Specifications (see Exhibit "A").
Vendor's ability to supply copies of all current licenses and/or permits required by the
City and State of California, as applicable.
A list of client references and an outline of any experience the Vendor has had in
meeting the needs of other governmental organizations.
Name and references of any subcontractors who will be utilized to supply the services as
outlined in the Specifications (see Exhibit "B").
o
The thoroughness and conformity of the proposal package, cost of services to be
provided, and quality of parts and materials used.
Overall cost of the service to the City, including, but not limited to, pricing of the services,
delivery schedule, terms of payment.
Ability of Vendor to maintain adequate inventory of parts, equipment, and labor to
perform all work necessary to fulfill the contract.
Financial ability of Vendor to provide the services as outlined in the Specifications (see
Exhibit "A").
PART I1: INSTRUCTIONS, CONDITIONS, LEGAL REQUIREMENTS
Provide pricing on all requirements as outlined in Exhibit "A". If there are discrepancies
between services, labor, parts, materials, maintenance costs, unit prices and extensions.
The City reserves the right to clarify pricing with the affected Vendors.
A failure on a Vendor's part to list all cost comPOnents related to the service will not be
accepted by the City as an acceptable justification to re-quote the proposal. The City will
treat the original proposal and costs provided as final. However, Vendor has the option
of withdrawing a proposal at any time until a final contract Is executed.
Delivery schedules shall be a part of the consideration. Time of delivery must be Stated
in definite terms, and must be met. If time varies on specific items proposed, the Vendor
shall so state the specific schedule to those items in the proposal sheet (Exhibit "A").
Once a Vendor has been selected for award, the City reserves the right to renegotiate
delivery terms based on changing situations or the convenience of the City.
RFP PC workst~lons
Vendor shall provide an original and four (4) copies of the proposal upon submission.
Failure to provide four (4) copies may result in disqualification from consideration for
contract award,
The City of Temecula has outlined the requirements herein in as much detail as is
currently known. Please provide any exceptions, additional information, or suggestions
that will aid in the City's selection process (attachments are acceptable).
All services provided by the Vendor shall be performed in strict accordance with the
manufacturer's standards and State of California specifications.
Vendor will provide certification establishing that the Vendor is fully authorized by the
manufacturer for the sale, distribution, installation, and support of the equipment
required by this RFP.
The Vendor shall defend, indemnify, and hold the City of Temecula, its officers, agents,
volunteers, and employees free and harmless from any and all causes of action or
claims of damages arising out of or related to the Vendor's performance under this
contract.
Only complete proposals received from vendors by 4:00 p.m., Monday, November
25, 2002 will be considered.
10.
The City reserves the right to negotiate terms and specifications/scope of work with the
highest ranked Vendor. If an agreement cannot be negotiated the City reserves the right
to negotiate with any other Vendor,
11.
Vendor shall identify those services that will be out-sourced to a subcontractor or sub-
vendor. The Vendor will be responsible for verifying the qualifications and validity of all
licenses or permits for any out-sourced work to sub-vendors. The Vendor is also
responsible for paying ifs employees and any sub-vendors the Vendor hires.
12.
Selected Vendor is required to comply with all existing State and Federal labor laws.
Selected Vendor is also responsible for complying with all OSHA standards and
requirements. If Vendor outsourcas any work or job to a sub-vendor, it will be the prime
Vendors responsibility to ensure that all sub-vendors meet the requirements as stated in
this RFP.
13.
All work and deliverables described in Exhibit "A" must carry a three (3) year warranty
for labor and parts. Vendor agrees that any out-sourced work or jobs will carry the same
warranty. The Vendor warrants that all service performed shall be consistent with
manufacturers specifications. The Vendor shall also warrant that any failure of materials
or services within the warranty period that is traceable to materials or labor supplied
during the service, shall be replaced or repaired at no additional charge to the City.
14.
A contract will be awarded to the most competitively priced and qualified proposal.
Although price ia of prime consideration, It la not the sole determining factor. The
City reserves the right to select the appropriate firm based on the most qualified
proposal. The determination of the most qualified and most competitively priced
propoSal may involve all or some of the following factors: price, thoroughness of the
proposal package, previous experience and performance; conformity to specifications in
Exhibit UA"; financial ability to fulfill the contract; terms of payment; compatibility, as
required; number of sub-vendors the main Vendor may need to employ for out-sourcad
work; other costs; and other objective and accountable factors which are reasonable.
RFP PC v/o~
The City reserves the right to select a Vendor to perform all of the work identified in the
RFP, or only selected portions based on price and/or other factors.
15.
The successful Vendor shall be an independent contractor, and nothing shall be
construed to cause the Vendor to be deemed or represent itself as an agent or
employee of the City. The Vendor shall defend, indemnify, and hold the City of
'l'emecula, its officers, agents, volunteers and employees harmless from any and all
causes of action or claims of damages arising out or related to the Vendors performance
under this contract and shall execute the City's standard form of indemnity.
16.
The Vendor shall be excused from performance hereunder during the time and the
extent that he/she is prevented from obtaining, delivering, repairing, or performing in the
customary manner, by acts of God, fire, war, strike, and loss or shortage of
transportation facilities. Vendor shall provide the City satisfactory evidence that non-
performance is due to other than fault or negligence on the Vendors part.
17.
Any evidence of agreement or collusion among Vendors acting illegally to restrain
freedom of competition by agreement to propose a fixed price, or otherwise, will render
the proposal of such Vendors void.
18.
Vendor agrees that all service by the Vendor shall be to the satisfaction of authorized
City personnel. In the event that the Vendor defaults on performance of any of these
requiraments, then the City shall have the right to terminate this agreement upon thirty
(30) days written notice delivered to the Vendor by certified mail or courier. Termination
of the contract will not relieve the Vendor of any liability to the City for damages
sustained by the City because of any breach of contract by the Vendor, and the City may
withhold any payments to the Vendor until such time as the exact amount of damages
due the City from the Vendor is determined.
19.
The Vendor shall submit a list of at least five (5) references who have purchased similar
products or services from the Vendor. Vendor shall provide company name, contact
name and phone number for each reference.
20.
The contract between Vendor and the City is non-transferable. Vendor shall under no
circumstances assign the agreement without written permission of the City. Vendor shall
notify the City, in writing, of any change in shop ownership at least thirty (30) days prior
to said change.
21.
The Vendor's proposal shall include the price for the most up to date, high quality, and
state of the art Generic stand alone Personal Computer Workstation, as outlined in the
Specifications (Exhibit 'A').
22.
All of the equipment described in the Exhibit 'A' must carry a full three year warranty.
Vendor shall also fully describe the terms of all warranties received from the
manufacturer.
23.
The standard form of the City's Equipment Purchase Agreement is attached hereto as
Exhibit 'C'. The selected Vendor will be required to enter into this Agreement. By
submitting a Proposal, Vendor certifies to the City that h~she has reviewed the
Specifications of the RFP and the terms of the Agreement and has incorporated all direct
and indirect costs of complying with Specifications and the Agreement into its Proposal.
The City's terms for payment are net 30 upon receipt of invoice. Vendor shall submit
invoices between the first and fifteenth business day of each month for services provided
RFP PC workstations
4
25.
in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all undisputed fees.
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.
PART II1: GENERAL INFORMATION
Vendor is required to carefully and fully investigate all of the requirements of this RFP.
By submitting a Proposal, Vendor represents and certifies to the City that such
investigation has been completed and that it fully understands the Specifications.
The Specification Sheet (Exhibit 'A") shall be signed by an authorized official of the
company.
The City reserves the right to reject any and all proposals where deemed necessary in
City's sole discression.
The City will not reimburse Vendors for any costs involved in the preparation and
submission of proposals. Furthermore, this RFP does not obligate the City to accept or
contract for any expressed or implied services. Nothing herein shall be construed as an
offer.
The City reserves the right to request any Vendor submitting a proposal to clarify its
proposal or to supply additional material deemed necessary to assist in the selection
process.
If an Exhibit 'A" requirement cannot be met by a Vendor, then the Vendor should submit
a 'No Proposal" response for the items affected. Alternate or equivalent items may be
submitted for consideration by the City, unless otherwise specified.
All submitted proposals and information Included therein or attached thereto shall
become public records upon contract award.
Vendor is requested to provide any exceptions, additional information or suggestions
that will aid in the City's selection process.
The attached Exhibit "A" is a suggested list only. If Vendor needs to revlee or
make additions to the exhibit, computer or typed alterations are allowed as long
es the City format Is maintained.
10.
Any questions regarding this RFP should be referred to Mr. Tim Thorson, Information
Systems Manager, at (909) 694-6~.~.~., or emailed to thorsont@cityoftemecula.org.
Questions may also be mailed or delivered to the address stated herein.
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5
CITY OFTEMECULA
REQUEST FOR PRICE
PROPOSAL SHEET
EXHIBIT A
PART h EQUIPMENT SPECIFICATIONS
Qty Description Unit Price Extended
75 - Personal Computer Workstation
ATX Mid-Tower Case w/30OW/UL Power Supply
(Must comply with Part 15 of FCC Rules)
Intel Motherboard 845EBG2L,533MHz w/integrated audio/LAN
Intel Pentium4 2,40 GHz/533/512 Processor
512MB 184 Pin DDR PC2100 Memory
Western 40GB Hard Drive (Minimum 7200rpm)
3 ~ Teac Floppy Drive
Sony 16X DVD Drive
ATI Radeon 7500 64 MB DDR AGP Video Card
Genedc Speakers
75 - Microsoft Natural Keyboard Elite
75 - Logitech Wheel Mouse Optical
75- ViewSonic View Panel VE155
75 - Windows XP Professional
Three year on-site parts and labor warranty on all
Hardware
PART Ih PRICING
ITEM TOTAL
Equipment per specifications (PART I)
Delivery Charges
Sales Tax (Temecula 7.75%)
Other Costs (Please Identify)
TOTAL PRICE
Vendor Name:. Contact;
Address:. City/St/Zip:
Phone:. Fax:. Fed Tax ID:.
By signing this RFP, Vendor has read and will comply with all terms and conditions herein.
Signatura: Date:
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6
EXHIBIT B
STATEMENT OF QUALIFICATIONS
Attach a statement of qualifications outlining vendor's corporate profile and experience in
providing (insert requirement) required by this RFP.
2. Attach a list of client references, to include the following information for each reference:
Reference Company Name
Point of Contact
Company Street Address
City, State, Zip Code
Telephone Number
3. Attach a copy of all City, County, Federal and State licenses required, as applicable.
4. Early Pay Discount:
A __ % discount is offered for payment within __ days.
(Note: No less than 15 days will be considered for purpose of bid evaluation).
By signing this RFP, Vendor has read and will comply with all terms and conditions
herein.
Signature of Authorized Representative
Name and Title
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7
EXHIBITC
EQUIPMENT PURCHASE AGREEMENT
This Pumhaee Agreement ("Agreement") is made as of ,2002, by and
between the City of Temecula ("City"), a municipal corporation, and
("Vendor"). In consideration of the mutual covenants and promises contained herein, the
parties agree as follows:
1. Purchase and Sale of Equipment. On and subject to the terms and conditions set
forth in this Agreement and the Contract Documents, Vendor agrees to sell and deliver to City a
as more particularly described in Exhibit A,
Equipment Specifications, attached hereto and incorporated herein as though set forth in full
(hereafter "Equipment").
2. Purchase Price. The Pumhase Price which City agrees to pay to Vendor for the
Equipment is Dollars ($ .00) The Pumhase
Price is final and shall be paid by City to Vendor in accordance with the following schedule: · [Add additional language regarding unit pricing if applicable.]
3. Representations and Warranties of Vendor.
representations and warranties to City:
Vendor makes the following
a. Authority and Consents. Vendor has the right, power, legal capacity and
authority to enter into and perform its obligations under this Agreement. No approvals or
consents of any pemons are necessary in connection with Vendor's execution, delivery and
performance of this Agreement, except for such as have been obtained on or prior to the date
hereof. The execution, delivery and performance of this Agreement by Vendor have been duly
authorized by all necessary action on the part of Vendor and constitute the legal, valid and
binding obligations of Vendor, enforceable against Vendor in accordance with their respective
terms.
b. Title end Operating Condition. Vendor has good and marketable title to all of
the Equipment. All of the Equipment are free and clear of any restrictions on or conditions to
transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear
of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions
and restrictions except for such as may be created or granted by City. All of the Equipment are
in good operating condition, are free of any defects, and are in conformity with the
specifications, descriptions, representations and warranties set forth in the Contract Documents.
Vendor is aware that City is purchasing the Equipment for use as
and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the
ordinary purposes for which the Equipment is normally used.
c. Full Disclosure. None of the representations and warranties made by Vendor in
this Agreement contain or will contain any untrue statement of a material fact, or omits to state a
material fact necessary to make the statements made, in light of the circumstances under which
they were made, not misleading.
4. 'nme of Delivery. The date and time of delivery of the Equipment shall be on or before
5. Place of Delivery. The Equipment shall be delivered to this location: 43200 Business
Park Drive, Temecula, California 92590.
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8
EXHIBIT C
6. Title and Risk of Loss. Title to and the risk of loss, damage and destruction of the
Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment
by City.
7. Inspection and Acceptance, City shall inspect the Equipment at the time and place of
delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in
the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER
OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to
City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of
receipt.
8. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7,
City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the
Equipment, or (3) accept any commemial unit or units of the Equipment and reject the
remainder. The exemise of any of the above options shall be "without prejudice" and with full
reservation of any rights and remedies of City attendant upon a breach. In the event of such
notice and election by City, City agrees to comply with all reasonable instructions of Vendor
and, in the event that expenses are incurred by City in following such instructions, Vendor shall
indemnify City in full for such expenses.
9. No Replacements of Cure. This Agreement calls for strict compliance. Vendor
expressly agrees that both the Equipment tendered and the tender itself will conform fully to the
terms and conditions of the Agreement on the original tender. In the event of rejection by City of
the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not
required to, accept any substitute performance from Vendor or engage in subsequent efforts to
effect a cure of the original tender by Vendor.
10. Maintenance. Vendor shall maintain the Equipment in accordance with the terms of the
maintenance schedule attached hereto as Exhibit D, and incorporated herein by this reference
as though set forth in full. In performing the maintenance of the Equipment, Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged
in providing similar services as are required of Vendor hereunder in meeting its maintenance
obligations under this Agreement.
11. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the
City, its officers, officials, employees, agents and volunteers from and against any and all
claims, demands, losses, damages, costs and liability of any kind or nature which the City, its
officers, officials, employees, agents or volunteers 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 or
from the Equipment or Vendor's maintenance thereof, excepting only liability adsing out of the
sole negligence of the City.
12. Contract Documents.
a. This Agreement includes the following documents, which are by this reference
incorporated herein and made a part hereof: (1) Request for Proposal dated
., 2002, attached hereto as Exhibit B; (2) Vendor's response to the Request
for Proposal dated ., 2002, attached hereto as Exhibit C, except for
b. In the event any term or condition of the Contract Documents conflicts with or is
contradictory to any term or condition of the Agreement, the terms and conditions of this
Agreement are controlling.
RFP PC ~orkstaflons
9
EXHIBIT C
c. In the event of a conflict in terms between this Agreement, the RFP and/or the
Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's
Response to the RFP, and the RFP shall prevail over the Vendor's Response to the RFP.
13. Remedlee. The remedies and rights conferred on the City by this Agreement ara in
addition to and cumulative with all other remedies and rights accorded the City under law or
equity.
14. Survival of Representations and Warranties. All representations, warranties,
covenants and agreements of the parties contained in this Agreement shall survive the
execution, delivery and performance of this Agreement.
15. Legal Responsibilities. The Vendor shall keep itself informed of State and Federal
laws and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Vendor 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 Vendor to comply with this section.
16. Assignment. This Agreement may not be assigned by Vendor without the express
written consent of City. This Agreement shall be binding on, and shall inure to the benefit of, the
parties to it and their respective heirs, legal rapresentatives, successors and assigns.
17. Severability. If any provision of this Agreement is held invalid or unenforceable by any
court of final jurisdiction, it is the intent of the parties that all other provisions of this Agraement
be construed to remain fully valid, enforceable, and binding on the parties.
18. PROHIBITED INTEREST. 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 pmcaeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board
member, office 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 disslosura 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 T~tle I of the Government Code of the State of California.
19. Entire Agreement; Modification; Waiver. This Agreement, constitutes the entira
agreement between the parties pertaining to the subject matter hereof and thereof and
supersedes all prior and contemporaneous agreements, representations and understandings of
the parties, whether oral or written. No supplement, modification or amendment of this
Agreement or the Contract Documents shall be binding unless executed in writing by all the
parties. No waiver of any of the provisions of this Agreement or the Contract Documents shall
be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall
any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing
by the party making the waiver.
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10
EXHIBIT C
20. Notices. All notices, requests, demands, and other communications under this
Agreement shall be in writing and shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third business
day after mailing if mailed to the party to whom notice is to be given, by first class mail,
registered or certified, postage prepaid, or on the first business day after being deposited with
an overnight carrier for delivery the next business day, and properly addressed as follows:
To Vendor at:
To City at:
City of Temecula
43200 Business Park Drive
Temecula, California 92589
Attn: Information Systems
Any party may change its address for purposes of this paragraph by giving the other parties
written notice of the new address in the manner set forth above.
21. Effects of Headings. The subject headings of the sections and subsections of this
Agreement are included for convenience only and shall not affect or be considered in the
construction or interpretation of any of its provisions.
22. Governing Law. This Agreement shall be construed in accordance with, and governed
by, the laws of the State of California as applied to contracts that are executed and performed
entirely in California.
////
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EXHIBIT C
IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and
year first above wdtten.
CITY OF TEMECULA
Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
Vendor
Name
Address
Addmss
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12
EXHIBIT B
VENDOR'S RESPONSE TO THE REQUEST FOR
PROPOSAL DATED NOVEMBER 21,2002
ATTACHED HERETO & INCORPORATED HEREIN.
960829 11086-00001 sas 1480191 0 - 7 -
CITY OF TEMECULA
REQUEST FOR PRICE
PROPOSAL SHEET
EXHIBIT B
PART I: '. EQUIPMENT SPECIFICATIONS
Qb/ Description Unit Pdce Extended
75 - Personal Computer Workstation
ATX Mid-Tower Case w/30OW/UL Power Supply
(Must comply with Part 15 of FCC Rules)
Intel Motherboard'845EBG2L,533MHz w/integrated audio/LAN
Intel Pentium4 2.40 GHz/533/512 Processor
512MB 184 Pin DDR PC2100 Memory
Western 40GB Hard Ddve (Minimum 7200rpm)
3 ½ Teac Floppy Ddve
Sony 16X DVD Drive
ATI Radeon 7500 64 MB DDR AGP Video Card
Genedc Speakem $598.98 $44,923.50
75 - Microsoft Natural Keyboard Elite
$20.41 $1,530;75
75 - Logitech Wheel Mouse Optical
$12.25 $918.75
75 -ViewSonic View Panel VE155 .
$314.29 $23,571.7~
75 -Windows XP Professional
$137.76 $10,332.00
Three year on-site parts and labor warranty on all
Hardware $50.00 $3,750.00
PART Ih PRICING
i'1 EM TOTAL
Equipment per specifications (PART I) ;81,276,75
Delivery Charges N..ot~e: based: upon a s:i:nc/le .delivery'. $675.00 '
Sales Tax ('TemeculaT.75%) $ 6,298.95
Othe. r Costs (Please identify) -NON~-- -0-
TOTAL PRICE $92,000.7(3
Vendor Name: Tech .101 -Arcus t Inc.
Contam:Gregory L, Horn
Address: 16812 Millikan Ave. City/St/Zip: Irvine, CA 92606
Phone. 949-261-5141 Fax:.949-622-6649 FedTaxlD: 33-0743256
By signing th~e~d~o,r h~d will comply with all ten'ns and conditions herein.
Signature: Date:. 11/21/02
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6
ITEM 8
APPROVAL ,
FINANCE DIRECTOR
CITY MANAGER ~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Susan W. Jones, CMC, City Clerk
January 14, 2003
Records Destruction Approval
PREPARED BY: Gwyn R. Flores, Records Coordinator
RECOMMENDATION: Approve the scheduled destruction of certain City records in accordance
with the City of Temecula approved Records Retention Policy.
BACKGROUND: On March 22, 1992, the City Council approved Resolution No. 92-17 which
authorizes the destruction of certain City records which have become outdated, obsolete or are
excess documents, in compliance with State of California Government Code, Sections 34090
through 34090.7.
Attached Exhibit A, lists various records from the Building & Safety Department and has been
imaged and identified within Groups IV of the Records Retention Schedule as outlined in attached
Exhibit A. The imaging of these records complies with the requirements of Government Code
Section 34090.5.
The City Attorney has reviewed this request and has signed the Exhibits, as provided for in
Resolution No. 92-17.
ATTACHMENTS: Destruction of Records Request, Building & Safety Department
Exhibit A, List of Records recommended for destruction
TO:
FROM:
DATE:
SUBJECT:
Susan W. Jones, CMC, City Clerk
Gwyn R. Flores, Records Coordinator
January 14, 2003
Request for Destruction of Records
Attached Exhibit A is a listing of records maintained in the City's Building and Safety
Department. The documents identified in Group IV have been imaged into the City's
LaserFiche Imaging System and are eligible for destruction in accordance with the City of
Temecula's approved Retention Policy as outlined in "Exhibit 1", Schedule A, of
Resolution No. 92-17. The imaging of these records complies with the requirements of
Government Code Section 34090.5.
The undersigned have reviewed and approved this destruction request.
Pursuant to the requirements of Government Code Section 34090.5, I hereby give my
consent to the destruction of records under the direction of the City Clerk pursuant to the
City of Temecula's adopted Destruction of Obsolete Records Policy.
R: \ forms\desU'uct .rqs
EXHIBIT "A"
CITY OF TEMECULA
RECORDS MANAGEMENT
DESTRUCTION FILE REPORT
162 Vadous Building Building Plans 401-02/Group IV LaserFiche
Plans (See Attached List)
162 Various Boxes Residential & 805-07 LaserFiche
4,5,6,7, Commercial Building
21-33 Permits
(See Attached List)
Buildin~l Plans
31083 Avenida Buena Suede
27439 Boxtik Ct.
41915 Business Park Dr.
43210 Business Park Dr.
43385 Business Park Dr.
43397 Business Park Dr.
31777 Calle Chapos
43845 Calle De Velardo
44011 Calle De Velardo
31260 Calle Felicidad
30969 Calle Fiesta
40545 Calle Fiesta
30980 Calle Fuente
40300 Calle Torcida
40610 Calle Torcida
40517 Ca~elita Cr.
27690 Commerce Center Dr.
27705 Commerce Center Dr.
40761 County Center Dr.
40980 County Center Dr.
40980 County Center Dr.
30370 De Portola Rd.
27565 Diaz Rd.
41635 Enterprise Cimle
41635 N. Enterprise Cr.
30545/30555 Estero
41719 Fosse Way
28410 Front St.
28464 Front St.
28545 Front St.
24850 Hancock
31677 Highway 79 South
31693 Highway 79 South
31725 Highway 79 South
31789 Highway 79 South
31805 Highway 79 South
31829 Highway 79 South
31837 Highway 79 South
31845 Highway 79 South
31960 Highway 79 South
31990 Highway 79 South
31990 Highway 79 South
32110 Highway 79 South
32120 Highway 79 South
32130 Highway 79 South
33195 Highway 79 South
33195 Highway 79 South
33215 Highway 79 South
33293 Highway 79 South
31014 Jedediah Smith Rd.
27338 Jefferson Ave.
27470 Jefferson Ave.
27472 Jefferson Ave.
27622 Jefferson Ave.
28134 Jefferson Ave.
31211 Kahwea Rd.
29800 La Co[ima Rd.
40520 La Cotima Rd.
30445 La Presa Loop
39515 Leifer Rd.
42130 Lyndie Lane
41964 Main St.
27310 Madison
27310 Madison #101-104
31149 Mariposa PI.
40390 Margarita Rd.
41238 Margarita Rd.
42009 Margarita Rd.
41895 Motorcar Parkway
31087 Nicolas Rd.
33203 Old Kent Rd.
28693 Old Town Front St.
28964 Old Town Front St,
43795 Paulita Rd.
31705 Pio Pico
31720 Pio Pice Rd.
44501 Rainbow Canyon Rd,
44501 Rainbow Canyon Rd.
28751 Rancho Califomia Rd.
28751 Rancho California Rd.
29375 Rancho Califomia Rd.
29530 Rancho Califomia Rd.
29676 Rancho Califomia Rd.
29740 Rancho California Rd.
30000 Rancho California
30000 Rancho California Rd.
30100 Rancho California Rd.
30900 Rancho California Rd.
43191 Rancho Way
27413 Remington Ave.
42540 Rio Nedo
42620 Rio Nedo
42640 Rio Nedo
42685 Rio Nedo
42680 Santa Suzanne
29851 Santiago Rd.
29775 Santiago Rd.
41645 Sixth St.
4218O Sixth St.
42220 Sixth St.
44000 Vallejo Ave.
30095 Via De La Mesa
30098 Via Node
30575 Via Norte
30256 Via Val Verde
40150 Winchester Rd,
40275 Winchester Rd.
40285 Winchester Rd,
40285 Winchester Rd.
40295 Winchester Rd.
40335 Winchester Rd.
40355 Winchester Rd.
40365 Winchester Rd.
40390 Winchester Rd.
40405 Winchester Rd.
40412 Winchester Rd.
40435 Winchester Rd.
40458 Winchester Rd.
40665 Winchester Rd.
40705 Winchester Rd.
40705 Winchester Rd.
40720 Winchester Rd.
40758 Winchester Rd.
40780 Winchester Rd.
40810 Winchester Rd.
40810 Winchester Rd,, Bldg, B
40820 Winchester Rd.
40820 Winchester Rd.
40820 Winchester Rd.
40820 Winchester Rd., Suite
1960
40820 Winchester Rd., Suite
1010
40820 Winchester Rd., Suite
1850
40820 Winchester Rd. Suite
1940
40820 Winchester Rd. Suite
2270
40820 Winchester Rd. Suite
2330
40820 Winchester Rd, Suite
2710
40900 Winchester Rd.
41735 Winchester Rd.
41790 Winchester Rd.
42299 Winchester Rd.
42409 Winchester Rd.
42440 Winchester Rd.
43920 Windcrest Lane
32830 Wolf Store Rd.
32836 Wolf Store Rd. #2
26040 Ynez Rd.
26090 Ynez Rd.
26109 Ynez Rd.
26403 Ynez Rd.
20407 ~Ynez Rd.
26478 Ynez Rd.
26480 Ynez Rd.
26480 Ynez Rd.
26520 Ynez Rd.
26531 Ynez Rd.
26610 Ynez Rd.
26610 Ynez Rd.
26610 Ynez Rd.
26755 Ynez Rd.
26799 Ynez Rd.
26799 Ynez Rd.
27360 Ynez Rd.
27450 Ynez Rd.
27453 Ynez Rd.
27471 Ynez Rd.
27476 Ynez Rd.
27480 Ynez Rd.
27520 Ynez Rd.
27555 Ynez Rd.
27555 Ynez Rd., Suite 102
27644 Ynez Rd.
29999 Ynez Rd.
42000 Zevo Dr.
Tract 16178
Tract 19872
Tract 21430-1
Tract 21674-0
Tract 21818
Tract 22716
Tract 22915
Tract 22915-1
Tract 22916-1
Tract 23100-1
Tract 23100-3
Tract 23100-6,7,8
Tract 23100-8
Tract 23125
Tract 23125-3
Tract 23126
Tract 23143
Tract 23143
Tract 23143-1
Tract 23143-2
Bldg. Ptans
Page 1 of 2
Tract 23143-3
Tract 23143-3
Tract 23267
Tract 23267
Tract 23371-2
Tract 23371-2
Tract 23371-3
Tract 23371-5
Tract 23371-6
Tract 23371-6
Tract 23371-6
Tract 23371-9
Tract 23371-9
Tract 23583
Tract 24131-1
Tract 24131-1, -3
Tract 24131-2
Tract 24133
Tract 24133-5
Tract 24136-1
Tract 24182-1
Tract 24182-3
Tract 24182-3
Tract 24182-4
Tract 24183-1
Tract 24183-4
Tract 24184-1
Tract 24185
Tract 24186-I
Tract 24186-F
Tract 24188-1
Tract 26861
Tract 28482
Tract 28482-2
Tract 28482-3
Tract 28482-3
Tract 28510
Tract 28510
Tract 28510
Tract 28510-1
Tract 28510-1
Tract 28810
Tract 28810
Tract 28850
Tract 28850
Tract 29033
Tract 29033
Tract 29033
Tract 29286
Tract 32682
Mission V~llage Apartments
Temecula Museum
The Fountains Apartments
B~dg. Plans
Page 2 of 2
Box 4:
(Page 1 of 6)
39872 HARVESTON DR.
31333 HEITZ LN.
44115 HIGHLANDER DR.
30612 HOLLYBERRY LN.
41862 HUMBER DR.
42019 HUMBER DR.
31379 INVERNESS CT.
39721 JACARANDA CT.
43143 JAMARA CT.
433155 JAMARA CT.
43167 JA_MARA CT.
43179 JAMARA CT.
43191 JAMARA CT.
30623 JEDEDIAH SMITH RD.
27521 JIMSON CR.
32926 JOSHEROO CT.
31083 KAHWEA RD.
31124 KAHWEA RD.
31205 KAHWEA RD.
30835 KIOWA RIVER CT.
43026 KNIGHTSBRIDGE WY.
43040 KNIGHTSBRIDGE WY.
43084 K_NIGHTSBR]DOE WY.
39902 HARVESTON DR.
31389 HE1TZ LN.
40170 HOLDEN CR.
41780 HUMBER DR.
41954 HUMBER DR.
31369 INVERNESS CT.
30575 IRON BARK CT.
43132 JAMARA CT.
43144 jAMARA CT.
43156 JAMARA CT.
43168 JAMARA CT.
43180 JAMARA CT.
43192 JAMARA CT.
44040 JERAMIE DR.
43990 JOI-IN WARNER RD.
42110 KAFFIRBOOM CT.
31088 KAHWEA RD.
31160 KAHWEA RD.
45624 KIMO ST.
30882 KIOWA RIVER CT.
43037 KNIGHTSBRIDGE WY.
43053 KNIGHTSBRIDGE WY.
43110 KNIGHTSBRIDGE WY.
Box 4:
(Page 2 of 6)
43109 KNIGHTSBRIDGE WY.
39698 KNOLLRIDGE DR.
40520 LA COLIMA RD.
40702 LA COLIMA RD.
29800 LA CARONA CT.
30044 LA PRIMA VERA
31187 LAHONTAN ST.
31539 LAKFRIDGE CT.
31546 LAKERIDGE CT.
31557 LAKERIDGE CT.
31563 LAKERIDGE CT.
31569 LAKERIDGE CT.
31575 LAKERIDGE CT.
31581 LAKERIDGE CT.
31588 LAKERIDGE CT.
43105 LANCASHIRE COMMON
43145 LANCASHIRE COMMON
43158 LANCASHIRE COMMON
43174 LANCASHIRE COMMON
43190 LANCASHIRE COMMON
43885 LARINO CT.
42740 LAS VIOLETrAS CT.
30050 LAUREL CRF~K DR.
39622 KNOIJRIDGE DR.
39779 KNOIJ~RIDGE DR.
40720 LA COLIMA RD.
40756 LA COLIMA RD.
30043 LA PRIMA VERA ST.
30056 LA PRIMA VERA ST.
31200 LAHONTAN ST.
31545 LAKERIDGE CT.
31552 LAKERIDGE CT.
31558 LAKER1DGE CT.
31564 LAKERIDGE CT.
31570 LAKERIDGE CT.
31576 LAKERIDGE CT.
31582 LAKRRIDGE CT.
43102 LANCASHIRE COMMON
43135 LANCASHIRE COMMON
43150 LANCASHIRE COMMON
43168 LANCASHIRE COMMON
43182 LANCASHIRE COMMON
433198 LANCASHIRE COMMON
43938 LARINO CT.
30043 LAURFJ. CRRRK DR.
30051 LAUREL CRF. F.K DR.
Box 4:
(Page 3 of 6)
30059 LAURRI. CRRRK DR.
30075 LAUREL CRRI~.K DR.
38320 LIEFER RD.
39401 I,II~,FER RD.
39633 ! JEFER RD.
30835 LOLITA RD.
30980 LOMALINDA RD.
41480 LUIZ DEL SOL
31658 LOMALINDA RD.
31715 LOMALINDA RD.
31742 LOMALINDA RD.
39760 LONGLEAF ST.
39839 LONGLEAF ST.
39420 LONG RIDGE DR.
30021 LOS NOGAI,F,S RD.
32441 MAGENTA
42200 MAIN ST.
43017 MANCHESTER CT.
43046 MANCESTER CT.
43065 MANCESTER CT.
30067 MANZANITA CT.
33606 MAPLEWOOD CT.
43143 MARTINA CT.
30067 LAUREL CRR~,K DR.
30082 LAUREL CRRRK DR.
41601 LAUREL VALLEY RD.
39517 LIEFER RD.
30770 LINKS CT.
30941 LOMA LIN'DA RD.
39819 LONGLEAF ST.
31580 LOMALINDA RD.
31664 LOMALINDA RD.
31741 LOMA LIN-DA RD.
39657 LONG RIDGE DR.
39830 LONGLEAF ST.
39879 LONGLEAF ST.
29935 LOS NOGAI,ES RD.
41480 LUIZ DEL SOL
45346 MAGUEY CT.
27146 MAJELLO CT.
43030 MANCESTER CT.
43054 MANCESTER CT.
30037 MANZAN1TA CT.
43395 MANZANO DR.
43208 MATERA CT.
43150 MARTINA CT.
Box 4:
(Page ~ of 6)
43153 MARTINA CT.
43163 MARTINA CT.
43171 MARTINA CT.
43180 MARTINA CT.
43190 MARTINA CT.
43140 MARTINA CT.
43485 MEADOWS PKWY.
30834 MEDINAH WY.
30847 MF~DINAH WY.
30855 MEDINAH WY.
30864 IvY, DINAH WY.
30874 M~,DINAH WY.
30884 MEDINAH WY.
30894 M~,DINAH WY.
30903 Mg~DINAH WY.
30911 M~DINAH WY.
30919 MEDINAH WY.
30927 MEDINAH WY.
30943 lv~DINAH WY.
32004 MERLOT CREST
30266 MILANO RD.
30584 MILANO RD.
40191 MIMULUS WY.
43160 MARTINA CT.
43170 MARTINA CT.
43179 MARTINA CT.
43187 MARTINA CT.
43195 MARTINA CT.
3~3376 MEADOWS PKWY.
30797 M~DINAH WY.
30839 MF~DINAH WY.
30854/V~DINAH WY.
30863 IV~DINAH WY.
30871 IVlEDINAH WY.
30879 lv~DINAH WY.
30887 MEDINAH WY.
30895 MI=~DINAH WY.
30904 M~DINAH WY.
30914 MEDINAH WY.
30924 Mg. DINAH WY.
30935 MEDINAH WY.
30951 MEDRqAH WY.
30028 MILANO RD.
30536 MII,,MNO RD.
40153 MIMULUS WY.
40293 MIMULUS WY.
Box 4 .'
(Page 5 of 6)
29500 MIRA LOMA DR.
29870 MIRA LOMA DR.
30240 MIRA LLOMA DR.
31122 MIRA LOMA DR.
43327 MODENA DR.
43392 MODENA DR.
43462 MODENA DR.
43585 MODENA DR.
43562 MODENA DR.
41740 MONTEREY PL.
41752 MONTEREY PL.
41764 MONTEREY PL.
41776 MONTEREY PL.
41788 MONTEREY PL.
30656 MOONTIDE CT.
41915 MOTORCAR PKWY.
44900 MUIRFIELD DR.
43509 NANTES CT.
43539 NANTES CT.
43560 NANTES CT.
32860 NAPLES CT.
41707 NIBLICK RD.
27500 NEIJ JE CT.
29670 MIRA LOMA DR.
29910 MIRA LOMA DR.
30245 MIRA LOMA DR.
43302 MODENA DR.
43391 MODENA DR.
43432 MODENA DR.
43535 MODENA DR.
43542 MODENA DR.
41023 MONTELENA CR.
41746 MONTEREY PL.
41758 MONTEREY PL.
41770 MONTEREY PL.
41782 MONTEREY PL.
29705 MONTE VERDE RD.
41919 MORENO RD.
41925 MOTORCAR PKWY.
45014 MUIRFIELD DR.
43530 NANTES CT.
43559 NANTES CT.
43569 NANTES CT.
32865 NAPLES CT.
31177 NASSAU CT.
27505 NEII~IE CT.
Box 4:
· (Page 6 of 6)
27510NELLIECT.
27520NELLIECT.
27530NELLIECT.
27540NELLIECT.
27565NELLIECT.
27585NELLIECT.
41725NIBLICKRD.
33367 NICHOLAS COMMON
31895 NICOLAS RD.
33060 NICHOLAS COMMON
33399 NICHOLAS COMMON
29703NIGHTCREST CR.
43011NOBLECT.
43040NOBLECT.
43061NOBLECT.
43072NOBLECT.
27515NELLIECT.
27525NELl.m CT.
27535NFJJ.I~.CT.
27545NFJJ.mCT.
27580NELLIECT.
27590NELIII~.CT.
33359 NICHOLAS COMMON
33383 NICHOLAS COMMON
33340 NICHOLAS COMMON
33380 NICHOLAS COMMON
29700NIGHTCRF_3T CR.
43010 NOBLE CT.
43020NOBLECT.
43051NOBLE CT.
43064 NOBLE CT.
43957NORTHGATEAVE.
Page 1 of 6
39780 OAK CLIFF DR.
30969 OAK CLIFF DR.
31037 OAK HILL DR.
40168 ODESSA DR.
40208 ODESSA DR.
40233 ODESSA DR.
40268 ODESSA DR.
40283 ODESSA DR.
40293 ODESSA DR.
40388 ODESSA DR.
42001 ORANGE BLOSSOM DR.
42021 ORANGE BLOSSOM DR.
42121 ORANGE BLOSSOM DR.
29755 ORCHID CT.
29770 ORCFflD CT.
29779 ORCI-~D CT.
40919 OVERLAND DR.
42066 PACIFIC OROVE WY
42090 PACIFIC GROVE WY
44183 PARC~,A CT.
40250 PASEO DEL SOL
40396 PASEO DEL CIELO
Box 5
30964 OAK CLIFF DR.
31008 OAK l-m'.L DR.
31064 OAK HILL DR.
40203 ODESSA DR.
40228 ODESSA DR.
40263 ODESSA DR.
40273 ODESSA DR.
40288 ODESSA DR.
40328 ODESSA DR.
28635 OLD TOWN FRONT ST.
42011 ORANGE BLOSSOM DR.
42031 ORANGE BLOSSOM DR.
29750 ORCHID CT.
29763 ORCHID CT.
29771 ORCHID CT.
43200 ORMSBY RD.
42054 PACIFIC GROVE WY
42078 PACIFIC GROVE WY
45387 PALA RD.
45959 PARSIPPANY CT.
40350 PASEO DEL CIELO
40340 PASEO SERENO
Box 5:
(Page 2 of 6)
40165 PASEO SERENO
32795 PATERNO ST.
32894 PATERNO ST.
30470 PAUBA RD.
30652 PAUBA RD.
30300 PECHANGA DR.
32329 PENSADOR ST.
32389 PENSADOR ST.
30975 PESCADO DR.
42040 PINE NEEDLE ST.
41205 PINE TREE CR.
31540 PIO PICO RD.
31705 PIO PICO RD.
45485 PIUTE ST.
41308 PLACER LAFITE
30725 POINTWOODS CT.
30768 POINTWOODS CT.
43102 PRIMAVERA DR.
43118 PRIMAVERA DR.
41025 PROMENADE CHARDONNAY
41031 PROMENADE CHARDONNAY
41081 PROMENADE CHARDONNAY
41095 PROMENADE CHARDONNAY
40365 PASEO SERENO
32824 PATERNO ST.
32960 PATERNO ST.
31950 PAUBA RD.
43795 PAUL1TA RD.
32316 PENSADOR ST.
32332 PENSADOR ST.
30964 PESCADO DR.
31010 PESCADO DR.
42076 PINE NEEDLE ST.
41253 PINE TREE CR.
31690 PIO PICO RD.
31720 PIO PICO RD.
41253 PLACER LAFITE
41322 PLACER LAF1TE
30737 POINTWOODS CT.
30816 POINTWOODS CT.
43110 PRIMAVERA DR.
43159 PRIMAVERA DR.
41028 PROMENADE CHARDONNAY
41067 PROMENADE CHARDONNAY
41087 PROMENADE CHARDONNAY
41149 PROMENADE CHARDONNAY
Box 5:
(Page 3 of 6)
43051 PUDDING CT.
43132 PUDDING CT.
32463 PUERTO ORO ST.
32487 PUERTO ORO ST.
32511 PUERTO ORO ST.
32535 PUERTO ORO ST.
28801 PUJOL ST.
45004 PUTTING FIELD CT.
45494 RAINBOW CANYON RD.
27065 RAINBOW CREEK DR.
29745 RAMSEY CT.
42607 REMORA ST
43525 RIDGE PARK DR.
42029 ROANOAKE ST.
42181 ROANOAKE ST.
32476 VIA DESTELLO
32426 ROSA CT.
32435 ROSA CT.
32443 ROSA CT.
32451 ROSA CT.
32459 ROSA CT.
32467 ROSA CT.
32475 ROSA CT.
43104 PUDDING CT.
43133 PUDDING CT.
32475 PUERTO ORO ST.
32499 PUERTO ORO ST.
32523 PUERTO ORO ST.
28681 PUJOL ST.
29002 PUJOL ST.
27097 QUA[I. CRI~,IR, K CT.
27065 RAINBOW CREEK DR.
27195 RAINBOW CRF. EK DR.
30351 RED RIVER CT.
44870 REIN CT.
31085 RIVERTON LN
42084 ROANOAKE ST.
40180 RORIPAUGH RD.
32427 ROSA CT.
32434 ROSA CT.
32442 ROSA CT.
32450 ROSA CT.
32458 ROSA CT.
32466 ROSA CT.
32474 ROSA CT.
32482 ROSA CT.
Box 5:
(Page 4 of 6)
32483 ROSA CT.
32491 ROSA CT.
27439 ROSEBAY CT.
32891 ROVATO ST.
31361 ROYAL OAKS DR.
31367 ROYAL OAKS DR.
31373 ROYAL OAKS DR.
31615 ROYAL OAKS DR.
42079 RUBICON CR
41272 RUE JADOT
41288 RUE JADOT
41296 RUE JADOT
41304 RUE JADOT
41312 RUE JADOT
41347 RUE JADOT
41333 SALT RIVER CT.
30352 SAN PASQUAL RD.
31531 SANDIqTLI, LN.
31551 SANDHILL LN.
31571 SANDHII~L LN.
31591 SANDHILL LN
31601 SANDHILL LN.
31618 SANDI-Ill J. LN.
32490 ROSA CT.
32498 ROSA CT.
32821 ROVATO ST.
31358 ROYAL OAKS DR.
31364 ROYAL OAKS DR.
31370 ROYAL OAKS DR.
31376 ROYAL OAKS DR.
42038 RUBICON CR.
42177 RUBICON CR
41280 RUE JADOT
41291 RUE JADOT
41299 RUE JADOT
41307 RUE JADOT
41320 RUE JADOT
39802 RUSTIC GLEN DR.
41342 SALT RIVER CT.
30650 SAN PASQUAL RD.
31541 SAND/trILL LN.
31561 SANDI4~ J, LN.
31581 SANDHILL LN.
31600 SANDIq~ J~ LN.
31611 SANDHILL LN.
31621 SANDI-I~ I ~ LN.
Box 5:
(Page 5 of 6)
31628 SANDIqll J. LN.
31638 SANDI-Iil J, LN.
31648 SANDHII,I, LN.
31661 SANDI-m'L LN.
31782 SAN]DIll[ JL LN.
30030 SANTA CECILIA DR.
30250 SANTIAGO RD.
43845 SASSARI ST.
43511 SAVONA ST.
43594 SAVONA ST.
43620 SAVONA ST.
43628 SAVONA ST.
43644 SAVONA ST.
43660 SAVONA ST.
43676 SAVONA ST.
43684 SAVONA ST.
43697 SAVONA ST.
41224 SEA ISLAND CT.
31680 SEBASTIANI CR.
31439 SEMINOLE ST.
43175 SERENO DR.
39528 SHADOW VIEW CT.
31101 SHICALI CT.
31631 SANDI-m J. LN.
31641 SANDI-m J, LN.
31651 SANDI¥11 J, LN.
31671 SANDI-III'J~ LN.
31807 SANDHILL LN.
42836 SANTA SUZANNE PL.
30270 SANTIAGO RD.
43853 SASSARI ST.
43522 SAVONA ST.
43619 SAVONA ST.
43625 SAVONA ST.
43636 SAVONA ST.
43652 SAVONA ST.
43668 SAVONA ST.
43679 SAVONA ST.
43692 SAVONA ST.
43700 SAVONA ST.
31645 SEBASTIANI CR.
31369 SEMINOLE ST.
30392 SENELA CT.
44826 SHALE CR.
30465 SHENANDOAH CT.
31117 SHICALI CT.
Box 5:
~Page 6 of 6)
41875 SHOREWOODCT.
43127 SIENA DR.
43137 SIENA DR.
43147SIENADR.
43126 SIENADR.
43136 SIENADR.
43146 SIENA DR.
43156 SIENA DR.
Page 1 of 5
43157 SIENA DR.
43176 SIENA DR.
43186 SIENA DR.
43197 SIENA DR.
30549 SIERRA MADRE
30252 SILVER RIDGE CT.
41810 SKYWOOD DR.
27600 SONORA CR.
27636 SONORA CR.
27672 SONORA CR.
27602 STANFORD DR.
30591 SOUTHERN CROSS RD.
27410 STANFORD DR.
27433 STANFORD DR.
27449 STANFORD DR.
27457 STANFORD DR.
27470 STANFORD DR.
27480 STANFORD DR.
27488 STANFORD DR.
27496 STANFORD DR.
27504 STANFORD DR.
Box 6
43166 SIENA DR.
43177 SIENA DR.
43187 SIENA DR.
30262 SIERRA MADRE
30231 SILVER RIDGE CT.
30741 SKY TERRACE DR.
31431 SONOMA LN.
27624 SONORA CR.
27672 SONORA CR.
27691 SONORA CR.
31431 SONOMA LN.
42123 SOUTHERN I-m.l S DR.
27430 STANFORD DR.
27440 STANFORD DR.
27450 STANFORD DR.
27460 STANFORD DR.
27473 STANFORD DR.
27481 STANFORD DR.
27489 STANFORD DR.
27497 STANFORD DR.
27505 STANFORD DR.
"Box 6:
(Page 2 of~)
27512 STANFORD DR.
27520 STANFORD DR.
27528 STANFORD DR.
27536 STANFORD DR.
27544 STANFORD DR.
27552 STANFORD DR.
27560 STANFORD DR.
27465 STANFORD DR.
27570 STANFORD DR.
27580 STANFORD DR.
27590 STANFORD DR.
27600 STANFORD DR.
40109 STARLllNG ST.
42211 STONEWOOD RD.
31238 SUNNINGDAI JF, DR.
31322 SUNNINGDALE DR.
31346 SUNNINGDAI,E DR.
31502 SUN1NINGDAI~E DR.
31515 SUNNINGDAI,E DR.
31527 SUNNI~GDAI ~g. DR.
31539 SUNNINGDAI~M DR.
31551 SUNNINGDAI,E DR.
27496 SWA~,~ OW CT.
27513 STANFORD DR.
27521 STANFORD DR.
27529 STANFORD DR.
27537 STANFORD DR.
27545 STANFORD DR.
27553 STANFORD DR.
27561 STANFORD DR.
27569 STANFORD DR.
27577 STANFORD DR.
27585 STANFORD DR.
27593 STANFORD DR.
27641 STANFORD DR.
29683 STONEWOOD RD.
31117 SUNNINGDAI~ DR.
31245 SUNNIlqGDALE DR.
31334 SUNNINGDAI ~E DR.
31495 SUNN[NGDALE DR.
31514 SUNNINGDAL~ DR.
31525 SUNNINGDALE DR.
31538 SUNNI2qGDALE DR.
31550 SLrNNINGDALE DR.
27481 SUNNINGDAL~ DR.
27511 SWALI,OW CT.
Box 6:
~Page 3 of 5)
27576 SWAIJ~OW CT.
42017 SWEETSHADE LN.
40251 TANAGER CR.
32433 TARA ST,
32449 TARA ST.
32465 TARA ST,
42140 TEATREE CT.
43140 TERAMO ST.
43371 TERRA CT.
39527 TERRII J. CT.
28272 TIERRA VISTA RD.
43501 TIRANO DR.
43512 TIRANO DR.
43522 TIRANO DR.
43601 TIRANO DR.
43631 TIRANO DR.
43639 TIRANO DR.
43643 TIRANO DR.
43647 TIRANO DR.
43663 TIRANO DR.
33075 TIVOLI ST.
33081 TIVOLI ST.
33087 TIVOLI ST.
27587 SWA! J OW CT.
42120 SWEETSHADE LN.
32425 TARA ST.
32441 TARA ST.
32457 TARA ST.
41965 TEATRF~ CT.
41687 TEMEKU DR.
43209 TERAMO ST.
44024 TERRAZA CT.
45362 TESIBEN CT.
28368 TIERRA VISTA RD.
43511 TIRANO DR.
43521 TIRANO DR.
43591 TIRANO DR.
43611 TIRANO DR.
43635 TIRANO DR.
43640 TIRANO DR.
43647 TIRANO DR.
43651 TIRANO DR.
39540 TISCHA DR.
33076 TIVOLI ST.
33084 TIVOLI ST.
33090 TIVOLI ST.
Box 5:
(Page 4 of 5)
33093 TIVOLI ST.
33099 TIVOLI ST.
33107 TIVOLI ST.
33131 TIVOLI ST.
45526 TOURNAMENT LN.
30290 TRADEWATER CT.
29910 TRENTINO DR.
29930 TRENTINO DR.
43417 TYLMAN ST.
29702 VAIL BROOK DR.
33039 VALENCE CT.
40143 VAI,F, RIANA CT.
29775 VALLE OLVERA
41960 VARDON DR.
42010 VENETO DR.
42020 VENETO DR.
42030 VENETO DR.
42040 VENETO DR.
42050 VENETO DR.
42060 VENETO DR.
42070 VENETO DR.
42080 VENETO DR.
42114 VEl,lETO DR.
33096 TIVOLI ST.
33102 TIVOLI ST.
33115 TIVOLI ST.
33123 TIVOLI ST.
30250 TRADEWATER CT.
29900 TRENTINO DR.
29920 TRENTINO DR.
32748 TULLEY RANCH RD.
29680 VAIL BROOK DR.
32961 VAI,FNCE CT.
32627 VA!,F, NTINO WY.
40198 VAI,ERIANA CT.
41784 VARDON DR.
42005 VENETO DR.
42015 VENETO DR.
42025 VENETO DR.
42035 VENETO DR.
42045 VENETO DR.
42055 VENETO DR.
42065 VENETO DR.
42075 VENETO DR.
42112 VENETO DR.
42122 VENETO DR.
Box 6:
(Page 5 of 5)
42124 VENETO DR.
32845 VERONA CT.
41240 VIA AOUILA
41261 VIA AGUILA
43145 VIA ANGI~J
43177 VIA ANGELES
30151 VIA ARBOLEDA
32079 VIA BONILLA
30290 VIA BRISA
43510 VIA CANDEI,RDA
33240 VIA CHAPPARO
41154 VIA CIELITO
32212 VIA CORDARO
30095 VIA DE LA MESA
32~.~~. VIA DESTELLO
42182 VENETO DR.
32849 VERONA CT.
41261 VIA AGUILA
33266 VIA ALVARO
43175 VIA ANGELES
43307 VIA ANGELES
41860 VIA B A ! .DERAMA
32095 VIA BONILLA
31770 VIA CAMPANARIO
32125 VIA CESARIO
33245 VIA CHAPPARO
42312 VIA CONSUELO
30193 VIA CORSICA
32443 VIA DESTELLO
32451 VIA DESTELLO
Page 1 of 3
32452 VIA DESTELLO
32460 VIA DESTELLO
32468 VIA DESTELLO
32483 VIA DESTELLO
32491 VIA DESTELLO
32499 VIA DESTELLO
32507 VIA DESTELLO
32515 VIA DESTELLO
32523 VIA DESTELLO
32531 VIA DESTELLO
32539 VIA DESTELLO
32547 VIA DESTELLO
32563 VIA DESTELLO
32595 VIA DESTELLO
32611 VIA DESTELLO
32627 VIA DESTEI.I.O
32643 VIA DESTEI.I ~0
32659 VIA DESTELLO
41743 VIA EL GRECO
40935 VIA lV~,DIA
28720 VIA MONTEZUMA
29321 VIA NORTE
BOX 7
32459 VIA DESTELLO
32467 VIA DESTELLO
32475 VIA DESTELLO
32484 VIA DESTELLO
32492 VIA DESTELLO
32500 VIA DESTELLO
32508 VIA DESTELLO
32516 VIA DESTELLO
32526 VIA DESTELLO
32536 VIA DESTELLO
32546 VIA DESTELLO
32555 VIA DESTELLO
32587 VIA DESTELLO
32603 VIA DESTELLO
32619 VIA DESTELLO
32635 VIA DESTELLO
32651 VIA DESTELLO
32667 VIA DESTELLO
40940 VIA LOS ALTOS
30150 VIA MONTEREY
29025 VIA NORTE
29405 VIA NORTE
Box 7:
~l~age 2 of 3)
, )
29700 VIA NORTE
30145 VIA NORTE
30264 VIA NORTE
30645 VIA NORTE
41118 VIA PUERTA
43244 VIA SABINO
31839 VIA SALTIO
31919 VIA SALTIO
31974 VIA SALTIO
31692 VIA SAN CARLOS
30254 VIA VAL VERDE
41847 VIA VASQUEZ
33451 VICTORIA CT.
33461 VICTORIA CT
33471 VICTORIA CT.
30047 VIlJ.A ALTURAS DR.
30191 VIII~A ALTLrRAS DR.
42804 VILLA TERRACE CT.
28381 VINCENT MORAGA DR.
319030 VINEYARD AVE.
31665 WEIBEL CR.
30088 WILLOW DR.
41502 WII J~OW RUN CT.
29930 VIA NORTE
30230 VIA NORTE
30584 VIA NORTE
41110 VIA PUERTA
32035 VIA REINA
43250 VIA SABINO
31854 VIA SALTIO
31926 VIA SALTIO
31502 VIA SAN CARLOS
29510 VIA SERRITO
30318 VIA VAL VERDE
33450 VICTORIA CT.
33460 VICTORIA CT.
33470 VICTORIA CT.
29930 VIIJ.A ALTURAS DR.
30080 VILLA ALTURAS DR.
30246 VILLA ALTURAS DR.
42820 VILLA TERRACE CT.
28410 VINCENT MORAGA DR.
43155 VOLTERRA ST.
30927 WELLINGTON CR.
41422 Wll J OW RUN CT.
41452 Wll JDW RUN CT.
Box 7:
Page 3 of 3
41532 WILLOW RUN CT.
41572 W~I,OW RUN CT.
29691 WINDWOOD CR.
41420 WINGED FOOT ST.
41433 WINGED FOOT ST.
41445 WINGED FOOT ST.
41455 WINGED FOOT ST.
41476 YANKI~ RUN CT.
41573 YANKF~ RUN CT.
40435 YARDLEY CT.
29999 YNEZ RD.
41308 YUBA CR.
41357 YUBA CR.
41549 WILLOW RUN CT.
41591 WnJOW RUN CT.
29729 WINDWOOD CR.
41421 WINGED FOOT ST.
41434 WINGED FOOT ST.
O
41446 WINGED FOOT ST.
41499 YANKg, g, RUN CT.
41547 YANKEE RUN CT.
41586 YANKF~ RUN CT.
28921 YNEZ RD.
41685 YORBA AVE.
41328 YUBA CR.
45323 ZUMA
26668 YNEZ RD. #B
26672 YNEZ RD.
26677 YNEZ RD.
26700 YNEZ RD.
26770 YNEZ RD.
26808 YNEZ RD.
26847 YNEZ RD. #H
26891 YNEZ RD.
27352 YNEZ RD.
27401 YNEZ RD.
27405 YNEZ RD.
27422 YNEZ RD.
27425 YNEZ RD.
27450 YNEZ RD.
27450 YNEZ RD.# 206
27450 YNEZ RD. # 104
27450 YNEZ RD.# 110
27450 YNEZ RD.#122
27450 YNEZ RD. #128
27450 YNEZ RD.# 212
27450 YNEZ RD.# 203
27450 YNEZ RD.# 222
27450 YNEZ RD.# 300
27450 YNEZ RD.# 316
27450 YNEZ RD.# 100
27453 YNEZ RD.
27454 YNEZ RD.
27468 YNEZ RD.# B-13
27468 YNEZ RD.# B-3
27468 YNEZ RD.# A-7
27468 YNEZ RD.# B-I
27468 YNEZ RD.#D-9
27469 YNEZ RD.
27473 YNEZ RD.
27476 YNEZ RD.
27479 YNEZ RD.
27480 YNEZ RD.
27483 YNEZ RD.
27488 YNEZ RD.
27491 YNEZ RD.
27495 YNEZ RD.
27499 YNEZ RD.
27503 YNEZ RD.#A-7
27507 YNEZ RD.# A
27510 YNEZ RD.
BOX # 21
26671 YNEZ RD.
26673 YNEZ RD. #C
26680 YNEZ RD.
26755 YNEZ RD.
26799 YNEZ RD.
26845 YNEZ RD.
26875 YNEZ RD.
26895 YNEZ RD.
27393 YNEZ RD.STE. 151
27403 YNEZ RD.
27418 YNEZ RD.
27423 YNEZ RD.
27438 YNEZ RD.
27450 YNEZ RD. #306
27450 YNEZ RD. # 300
27450 YNEZ RD.# 106
27450 YNEZ RD.#120
27450 YNEZ RD.# 124
27450 YNEZ RD.# 203
27450 YNEZ RD.# 228
27450 YNEZ RD.# 214
27450 YNEZ RD.# 226
27450 YNEZ RD.# 300
27450 YNEZ RD.# 318
27451 YNEZ RD.
27453 YNEZ RD.
27467 YNEZ RD. #2F
27468 YNEZ RD.# A-3
27468 YNEZ RD.# B-7
27468 YNEZ RD.# A-9
27468 YNEZ RD.# B-11
27468 YNEZ RD. #B-17
27471 YNEZ RD.
27475 YNEZ RD.
27477 YNEZ RD.
27479 YNEZ RD.
27481 YNEZ RD.
27485 YNEZ RD.
27489 YNEZ RD.
27493 YNEZ RD.
27497 YNEZ RD.
27501 YNEZ RD.
27505 YNEZ RD.#A
27509 YNEZ RD.#D-3
27511 YNEZ RD.
27513 YNEZ RD.#B
27517 YNEZ RD.
27520 YNEZ RD. C-1
27523 YNEZ RD.# C
27527 YNEZ RD.
27531 YNEZ RD.
27536 YNEZ RD.
27540 YNEZ RD.
27544 YNEZ RD.
27548 YNEZ RD.
27560 YNEZ RD.
27580 YNEZ RD.
27585 YNEZ RD.
27610 YNEZ RD.
27636 YNEZ RD.
27691 YNEZ RD.
28250 YNEZ RD.
29521 YNEZ RD.
41358 YNEZ RD.
42380 ZEVO DR.
41514 ZINFANDEL AVE.
27515 YNEZ RD.gB-3
27519 YNEZ RD.
27521 YNF~7~ RD. B-6
27525 YNEZ RD.
27529 YNEZ RD.
27535 YNEZ RD.
27537 YNEZ RD.
27541 YNEZ RD.
27546 YNEZ RD.
27555 YNEZ RD.
27576 YNEZ RD.
27576 YNEZ RD.
27589 YNEZ RD.
27630 YNEZ RD.
27644 YNEZ RD.
28921 YNEZ RD.
29445 YNEZ RD.
30088 YNEZ RD.
42301 ZEVO DR.
42382 ZEVO DR.
28601 FRONT ST.
28636 FRONT ST.
28656 FRONT ST.
28676 FRONT ST.
28690 FRONT ST. #300
28690 FRONT ST. g400
28693 FRONT ST.
28721 FRONT ST.
28781 FRONT ST.
28822 FRONT ST.
28860 FRONT ST.
28900 FRONT ST.
28936 FRONT ST.
28970 FRONT ST.
28999 FRONT ST.
29065 FRONT ST.
29105 FRONT ST.
29115 FRONT ST.
29217 FRONT ST.
29663 FRONT ST.
30027 FRONT ST.
29150 H~GHWAY 79 S.
31300 I-I~GHWAY 79 S.
31669 HIGHWAY 79 S.
31685 HIGHWAY 79 S.
31797 HIGHWAY 79 S.
31805 HIGHWAY 79 S. #D
31805 HIGHWAY 79 S. #D-3
31805 HIGHWAY 79 S. #D-7
31813 HIGHWAy 79 S.
31821 HIGHWAY 79 S. # C-9
31821 HIGHWAY 79 S. # C-1
31821 I-[IGHWAY 79 S. #C-7
31829 HIGHWAY 79 S. #B-1
31829 HIGHWAY 79 S. #B-5
31837 HIGHWAY 79 S. #A-3
31853 HIGHWAY 79 S.
31940 HIGHWAY 79 S. #C-2
31950 HIGHWAY 79 S. #B-1
31950 HIGHWAY 79 S. #B-5
31950 HIGHWAY 79 S. #B-9
31970 HIGHWAY 79 S.
BOX# 23
28635 FRONT ST.
28645 FRONT ST.
28657 FRONT ST.
28677 FRONT ST.
28690 FRONT ST. #370
28690 FRONT ST. #440
28718 FRONT ST.
28780 FRONT ST.
28800 FRONT ST.
28825 FRONT ST.
28897 FRONT ST.
28924 FRONT ST.
28950 FRONT ST.
28980 FRONT ST.
29000 FRONT ST.
29095 FRONT ST.
29107 FRONT ST.
29125 FRONT ST.
29635 FRONT ST. #B
30025 FRONT ST.
42050 FRONT ST. #D
30909 HIGHWAY 79 S.
31589 HIGHWAY 79 S.
31677 HIGHWAY 79 S.
31693 HIGHWAY 79 S.
31797 HIGHWAY 79 S.
31805 HIGHWAY 79 S.
31805 HIGHWAY 79 S.
31805 HIGHWAY 79 S.
31821 HIGHWAY 79 S.
31821 HIGHWAY 79 S.
31821 HIGHWAY 79 S.
31829 HIGHWAY 79 S.
31829 HIGHWAY 79 S.
31837 HIGHWAY 79 S.
31845 HIGHWAY 79 S.
31940 HIGHWAY 79 S.
31940 HIGHWAY 79 S.
31950 HIGHWAY 79 S.
31950 HIGHWAY 79 S.
31960 HIGHWAY 79 S.
33320 HIGHWAY 79 S.
#D-1
#D-5
#D-9
#C-5
#C
#C-3
#B-3
#C-3
#B -4
#B-6
41925 3r~ Street
41925 3~ Street
41845 6th Street
41920 6th Street
41920 6th Street, Suite A
32847 Abana Court
32872 Abana Court
32876 Abana Court
42033 Acacia Way
42074 Acacia Way
42093 Acacia Way
32879 Adelante Street
41915 3ra Street
32886 Adelante Street
33021 Adelante Street
32448 Angelo Drive
32456 Angelo Drive
32464 Angelo Drive
42060 Agena Street
42189 Agena Street
42445 Agena Street
42916 Agena Street
43655 Alcoba Drive
43659 Alcoba Drive
43844 Alcoba Drive
40028 Alexandria Drive
40088 Alexandria Drive
40965 Alton Court
40979 Alton Court
43695 Altamura Court
39821 Amberley Circle
39869 Amberley Circle
40037 Amberley Circle
40048 Amberley Circle
40049 Amberley Circle
30485 Anaconda Court
31900 Andrea Circle
31950 Andrea Circle
32424 Angelo Drive
32429 Angelo Drive
32432 ^ngelo Drive
32437 Angelo Drive
32440 Angelo Drive
32445 Angelo Drive
32453 Angelo Drive
32461 Angelo Drive
32469 Angelo Drive
32471 Angelo Drive
32472 Angelo Drive
32477 Angelo Drive
32480 Angelo Drive
32485 Angelo Drive
32488 Angelo Drive
32493 Angelo Drive
32499 Angelo Drive
41981 Avenida Vista
44641 Arbor Lane
Ladera
Box 24
43028 Argo Court
41468 Ashburn Road
41513 Ashburn Road
41523 Ashburn Road
31367 Ashmill Court
41841 Asteroid Way
41450 Avenida Barca
30860 Avenida Buena Suerte
31083 Avenida Buena Suerte
29893 Avenida Cima Del Sol
29753 Avenida de Calzada
41411 Avenida de La Reina
41465 Avenida de La Reina
30790 Avenida del Reposo
31159 Avenida del Reposo
31395 Avenida del Reposo
31400 Avenida del Reposo
29515 Avenida del Sol
31525 Avnida del Reposo
41055 Avenida Verde
41961 Avenida Vista Ladera
40704 Baccarat Road
40713 Baccarat Road
40834 Baccarat Road
40874 Baccarat Road
30904 Balata Drive
44829 Bananal Way
44877 Bananal Way
39771 Barberry Court
31334 Baret Court
43860 Barletta Street
43895 Barletta Street
43951 Barletta Street
43141 Barsanti Drive
43180 Bassano Drive
41450 Bellerive court
41460 Bellerive Court
41465 Bellerive Court
43112 Bellota Court
31066 Berkshire Lane
31082 Berkshire Lane
31074 Berkshire Lane
41622 Big Sage Court
30440 Bogart Place
32937 Bonita Mesa
41760 Brandeis Circle
41781 Brandeis Circle
30890 Branford Drive
30900 Branford Drive
30905 Branford Drive
30910 Branford Drive
30915 Branford Drive
30920 Branford Drive
30925 Branford Drive
30930 Branford Drive
30935 Branford Drive
30940 Branford Drive
30945 Branford Drive
30950 Branford Drive
43439 Brewster Court
30532 Bridgeview Circle
30552 Bridgeview Circle
31416 Britton Circle
43216 Brookway Drive
43224 Brookway Drive
43256 Brookway Drive
43263 Brookway Drive
43287 Brookway Drive
43185 Bellota Ct
41019 Burgess Ct
41043 Burgess Ct
43868 Butternut Drive
30030 Cabrillo
30105 Cabrillo Ave
30285 Cabrillo Ave
42926 Cala Rosso
42944 Cala Rosso
32203 Cala Torrente
43667 Calabro St
33298 Calle Alfredo
33354 Calle Alfredo
31009 Calle Aragon
32250 Calle Avella
32189 Calle Avella
32280 Calle Avella
32013 Calle Balareza
32014 Calle Balareza
32023 Calle Balareza
32024 Calle Balareza
32033 Calle Balareza
32034 Calle Balareza
32043 Calle Balareza
32044 Calle Balareza
32053 Calle Balareza
32054 Calle Balareza
32102 Calle Balareza
32115 Calle Balareza
32127 Calle Balareza
32139 Calle Balareza
32151 Calle Balareza
32187 Calle Balareza
32199 Calle Balareza
32211 Calle Balareza
31918 Calle Ballentine
43814 Calle Ballmex
44712 Calle Banuelos
43022 Calle Camellia
31993 Calle Caballos
43132 Calle Camellia
33261 Calle Cantu
33296 Calle Cantu
31777 Calle Chapos
28671 Calle Cortez
43422 Calle De Velardo
Box 24
Page 1 of 2
43422 Calle de Velardo
43528 Calle de Velardo
43845 Calle de Velardo
44011 Calle de Velardo
31976 Calle Espinoza
32000 Calle Espinoza
40473 Calle Fiesta
40545 Calle Fiesta
40570 Calle Fiesta
40572 Calle Fiesta
40628 Calle Fiesta
30969 Calle Fuente
30980 Calle Fuente
31605 Calle Girasol
30314 Calle Halcon
30325 Calle Halcon
30345 Calle Halcon
30346 Calle Halcon
Box 24
44701 Calle Hilario
43039 Calle Jeminez
40358 Calle Katerine
40481 Calle Katerine
33214 Calle Langarica
33241 Calle Langarica
42866 Calle Londe
42874 Calle Londe
31476 Calle los Padres
40495 Calle Madero
32038 Calle Marquis
40300 Calle Medusa
40372 Calle Medusa
40377 Calle Medusa
43379 Calle Morita
31986 Calle Novelda
29735 Calle Palmas
30960 Calle Pina Colada
31813 Calle Redondela
32156 Calle Resaca
32301 Calle Resaca
42952 Calle Reva
43017 Calle Reva
40300 Calle Torcida
40544 Calle Torcida
40610 Calle Torcida
43032 Calle Ventura
43033 Calle Ventura
43062 Calle Ventura
43081 Calle Ventura
43092 Calle Ventura
43099 Calle Ventura
43121 Calle Venture
31880 Calle Vimianzo
31965 Calle Vimianzo
Box 24
Page 2 of 2
31501 Champions Cr
32238 Cala Torrente
32102 Calle Balareza
40595 Calle FieSta
31963 Calle Novelda
43017 Calle Reva
43124 Calle Ventura
42835 Camino Alagon
44865 Camino Alamosa
44913 Camino Alamosa
43007 Camino Caruna
40281 Camino Campos Verdes
32082 Camino Caliari
32140 Camino Caliari
32150 Camino Caliari
32160 Camino Caliari
32198 Camino Caliari
40225 Camino Campos Verdes
40270 Camino Campos Verdes
40300 Camino Campos Verdes
43151 Camino Caruna
43295 Camino Caruna
41910 Camino Casana
41918 Camino Casana
42005 Camino Casana
41798 Camino De La Torre
31063 Camino Del Este
31235 Camino Del Este
31811 Camino Del Sol Drive
29845 Camino Del Sol Drive
44683 Camino Gonzales
32050 Camino Herenicia
32215 Camino Marea
42233 Camino Merano
42234 Camino Merano
42304 Camino Merano
42332 Camino Merano
42332 Camino Merano
31967 Camino MoLnar
31992
32271
33172
33420
27558
27587
32416
32428
32434
32466
32473
32474
32480
32481
32488
32489
32496
Camino MoLnar
Camino Nunez
Camino Piedra
Camino Piedra
Campana Cr
Campana Dr
Campo Drive
Campo Drive
Campo Drive
Campo Drive
Campo Drive
Campo Drive
Campo Drive
Campo Drive
Campo Drive
Campo Drive
Campo Drive
32497 Campo Drive
Box 25 '
32523 Campo Drive
32539 Campo Drive
32555 Campo Drive
32632 Campo Drive
32642 Campo Drive
32652 Campo Drive
32662 Campo Drive
40074 Cannes Ct
30858 Canterfield Drive
30258 Caprice Court
30286 Caprice Court
29493 Cara Way
31968 Corte Cardoza
31978 Code Cardoza
31988 Corte Carzona
43898 Carentan Drive
43846 Carini Ct
41777 Carleton Way
41907 Carleton Way
41910 Carlton Way
41914 Carlton Way
40346 Carmelita Cr
40427 Carmelita Cr
30165 Casa Chata PI
32955 Casala Ct
32448 Cassino Ct
44453 Cayenne Tr
32280 Cercle Beauregard
32305 Cercle Beauregard
32338 Cercle Beauregard
31827 Cercle Chambertin
31842 Cercle Chambertin
31915 Cercle Chambertin
32318 Cercle Latour
32956 Cesena St
32981 Cesena St
41720 Chablis Ct
31499 Champions Cr
31543 Champions Cr
31557 Champions Cr
31560 Champions Cr
31570 Champions Cr
31571 Champions Cr
40322 Chantemar Wy
40418 Chantemar Wy
40434 Chantemar Wy
40444 Chantemar Wy
40445 Chantemar Wy
40450 Chantemar Wy
40453 Chantemar Wy
40458 Chantemar Wy
40461 Chantemar Wy
40466 Chantemar Wy
40469 Chantemar Wy
40474 Chantemar Wy
40477 Chantemar Wy
40482 Chantemar Wy
40485 Chantemar Wy
40488 Chantemar Wy
40493 Chantemar Wy
40498 Chantemar Wy
40501 Chantemar Wy
40507 Chantemar Wy
40513 Chantemar Wy
40555 Chantemar Wy
40518 Chantemar Wy
40618 Chantemar Wy
32927 Charmes Ct
31369 Chemin Chevalier
31377 Chemin Chevalier
31395 Chemin Chevalier
31409 Chemin Chevalier
31434 Chemin Chevalier
41030 Chemin Coutet
41040 Chemin Coutet
41060 Chemin Coutet
41081 Chemin Coutet
41120 Chemin Coutet
41130 Chemin Coutet
41131 Chemin Coutet
41141 Chemin Coutet
27122 Cherrygrove Ct
27142 Cherrygrove Ct
42002 Chestnut Drive
42010 Chestnut Drive
42097 Chestnut Drive
42115 Chestnut Drive
42145 Chestnut Drive
42156 Chestnut Drive
43350 Chico Drive
43351 Chico Drive
43358 Chico Drive
43359 Chico Drive
43366 Chico Drive
43367 Chico Drive
43374 Chico Drive
43377 Chico Drive
45561 Classic Wy
46000 Classic Wy
40515 Clear Light Road
40521 Clear Light Road
32682 Clearvail Drive
44652 Clover Ln
44692 Clover Ln
45387 Clubhouse Drive
30320 Colina Verde
30321 Colina Verde
30345 Coina Verde
27521 Commerce Center
30410 Colina Verde
27562 Commerce Center
27562 Commerce Center Drive
27570 Commerce Center Drive
27570 Commerce Center Drive
Box 25
Page 1 of 2
27574 Commerce Center Drive
27576 Commerce Center Drive
27610 Commerce Center Drive
27620 Commerce Center Drive
27620 Commerce Center Drive
27637 Commerce Center Drive
31345 Congressional Drive
43801 Coronado Drive
43881 Coronado Drive
42940 Code Abanilla
31945 Corte Algete
43405 Code Almeria
43800 Code Amaya
31120 Code Anza
43185 Code Argento
31060 Code Arroyo Vista
43168 Code Astorga
41640 Code Balboa
45062 Code Bella Donna
45112 Code Bella Donna
33541 Code Bonilla
43370 Code Benavente
45029 Code Bravo
45056 Code Bravo
41764 Corte Camara
43115 Corte Calanda
45057 Code Camellia
32013 Code Canal
30161 Code Cantera
44668 Code CapiStrano
31969 Code Cardoza
31989 Code Cardoza
31998 Code Cardoza
31999 Code Cardoza
32008 Code Cardoza
32009 Code Cardoza
32079 Corte Cardoza
32018 Code Cardoza
32019 Code Cardoza
32029 Code Cardoza
32030 Code Cardoza
32039 Code Cardoza
32048 Corte Cardoza
32049 Code Cardoza
32059 Code Cardoza
32060 Corte Cardoza
32069 Code Cardoza
32070 Corte Cardoza
32079 Code Cardoza
32137 Code Carmona
32201 Code Carmona
32201 Code Carmona
45015 Code Carolina
45085 Code Carolina
30113 Code Carrizo
31977 Code Castro
30010 Code Coelho
30070 Code Coelho
30241 Code Coelho
30257 Code Coelho
30273 Code Coelho
30241 Code Coelho
30288 Code Coelho
32299 Code Coronado
32388 Code Coronado
30912 Code De Los Santos
30922 Code De Los Santos
32254 Code Del Cerro
33422 Code Ebano
33435 Code Ebano
33436 Code Ebano
31682 Code Encinas
31702 Code Encinas
31779 Code Encinas
29819 Code Faldas
29831 Code Faldas
32209 Code Florecita
43067 Code Fresca
43123 Code Fresca
43131 Corte Fresca
43131 Code Fresca
29824 Code Granada
41653 Code Higuera
32154 Code IIIora
41862 Code Lara
31830 Code Mendoza
31835 Code Mendoza
31901 Code Mendoza
28322 Code Ocaso
31698 Code Padrera
32350 Code Palacio
32397 Code Palacio
32285 Code Parado
41529 Code Pergamino
30145 Code Plata
30217 Code Plata
30220 Code Plata
31834 Code Pollensa
31839 Code Pollensa
31921 Code Pollensa
33511 CorSe Podirio
31475 code Rimola
31715 Code Rosario
31794 Code Rosario
31806 Code Rosario
31968 Code Ruiz
31972 Code Ruiz
31988 Code Ruiz
31810 Code Sagunto
31870 Code Sagunto
43105 Code Salamanca
30002 Code San Luis
30074 Code San Luis
44858 Code Sevrina
44853 Code Sierra
32124 Code Soledad
31489 Code Sonora
45112 Code Bella Donna
31579 Code Taquita
29950 Code Toiano
31752 Code Todosa
43185 Code Tolosa
31375 Code Tunas
32208 Code Utnehmer
32215 Code Utnehmer
32218 Corte Utnehmer
32225 Code Utnehmer
32226 Code Utnehmer
44615 Code Veranos
33309 Elizabeth Rd
45039 Code Valle
45078 Code Valle
43737 Corte Villena
43737 Code Villena
43740 Corte Villena
43747 Code Villena
43748 Corte Villena
43756 Code Villena
43757 Code Villena
43772 Code Villena
43777 Code Villena
43764 Code Villene
43767 Code Villena
43772 Code Villena
43780 Code Villena
43787 Code Villena
43788 Code Villena
43797 Corte Villena
43798 Code Villena
42401 Code Villosa
32265 Code Zamora
32340 Code Zamora
32370 Corte Zamora
45053 Code Zorita
Box 25
Page 2 of 2
Box 26
42231 Cosmic Drive
42298 Cosmic Drive
42353 Cosmic Ddve
42367 Cosmic Drive
40880 County Center Drive
40880 County Center Drive
40980 County Center Drive
41066 Cour Citran
41081 Cour Citran
41082 Cour Citran
41089 Cour Citran
29480 Courtney Place
39859 Creative Drive
45798 Creekside Way
30782 Crystalaire Drive
30794 Crystalaire Drive
30806 Crystalaire Drive
30812 Crystalaire Drive
30830 Crystalaire Drive
30835 Crystalaire Drive
30836 Crystalaire Drive
30836 Crystalaire Drive
30854 Crystalaire Drive
30886 Crystalaire Drive
30894 Crystalaire Drive
30906 Crystalaire Drive
30203 Cupeno Lane
41609 Cypress Point Wy
41615 Cypress Point Wy
41621 Cypress Point Wy
41624 Cypress Point Wy
41627 Cypress Point Wy
41630 Cypress Point Wy
41633 Cypress Point Wy
41639 Cypress Point Wy
41645 Cypress Point Wy
41651 Cypress Point Wy
41657 Cypress point Wy
42004 Dahlia Way
42012 Dahlia Way
30372 De Portola
42052 Dahlia Wy
42089 Dahlia Wy
27493 Dandelion Ct
27532 Dandelion Ct
32038 De Portola Rd
32089 De Portola Rd
30405 De Portola Rd
30655 De Portola Rd
29632 Deal Ct
29835 Del Rey Rd
29985 Del Rey Rd
30041 Del Mar Ct
29710 Del Rey Rd
29880 Del Rey Rd
30011 Del Rey Rd
30050 Del Rey Rd
30195 Del Rey Rd
30244 Del Rey Rd
30305 Del Rey Rd
30385 Del Rey Rd
30625 Del Rey Rd
31039 Del Rey Rd
31098 Del Rey Rd
42001 Delmonte St
42017 Delmonte St
42056 Delmonte St
42065 Delmonte St
42072 Delmonte St
42089 Delmonte St
42097 Delmonte St
42105 Delmonte St
42113 Delmonte St
42121 Delmonte St
42129 Delmonte St
42130 Delmonte St
42137 Delmonte St
42140 Delmonte St
42145 Delmonte St
42150 Delmonte St
42155 Delmonte St
42160 Delmonte St
42161 Delmonte St
42167 Delmonte St
42169 Delmonte St
42170 Delmonte St
42176 Delmonte St
42184 Delmonte St
42192 Delmonte St
42198 Delmonte St
39516 Diego Dr
43336 Dodaro Dr
43344 Dodaro Dr
43352 Dodaro Dr
43353 Dodaro Dr
43359 Dodaro Dr
43367 Dodaro Dr
43368 Dodaro Dr
43375 Dodaro Dr
43376 Dodaro Dr
43400 Dodaro Dr
43408 Dodaro Dr
43416 Dodaro Dr
43424 Dodaro Dr
43432 Dodaro Dr
43440 Dodaro Dr
43448 Dodaro Dr
43453 Dodaro Dr
43456 Dodaro Dr
43464 Dodaro Dr
43480 Dodaro Dr
43384 Dodaro Dr
43392 Dodaro Dr
43496 Dodaro Dr
43504 Dodaro Dr
43512 Dodaro Dr
43520 Dodaro Dr
Box 26
Page 1 of 3
43528 Dodaro Dr
43533 Dodaro Dr
43536 Dodaro Dr
43544 Dodaro Dr
43549 Dodaro Dr
43552 Dodam Dr
43560 Dodaro Dr
31114 Dog Leg Cr
31140 Dog Leg Cr
40233 Donomore Ct
41883 Driver In
42011 Dunes Ct
42019 Dunes Ct
42020 Dunes Ct
42027 Dunes Ct
42028 Dunes Ct
42035 dunes Ct
42036 Dunes Ct
42043 Dunes Ct
42044 Dunes Ct
42051 Dunes Ct
42052 Dunes Ct
42059 Dunes Ct
42060 Dunes Ct
42067 Dunes Ct
42068 Dunes Ct
42075 dunes Ct
42076 Dunes Ct
42027 Dunes Ct
31288 Durney Ct
41550 Eagle Point Way
41500 Eagle Point Wy
41501 Eagle Point Wy
41506 Eagle Point Wy
41577 Eagle Point Wy
41615 Eagle Point Wy
41621 Eagle Point Wy
41624 Eagle Point Wy
41627 Eagle Point Wy
41633 Eagle Point Wy
42960 El Domino PI
42977 El Domino PI
43973 El Lucern PI
31009 El Osito Ct
33269 Elizabeth Rd
33370 Elzabeth Rd
31210 Eona Cr
31234 Eona Cr
42526 Escolacata Dr
42547 Escolatcata Dr
30545 Estero St
30555 Estere St
43445 Fassano Ct
32645 Favara Dr
32565 Favara Dr
32575 Favara Dr
32655 Favara Dr
30615 Feather Ct
30635 Feather Ct
44844 Fern Cr
44015 Festivo St
44070 Festivo St
44225 Festivo St
31134 Firestone St
31158 Firestone St
31206 Firestone St
31216 Firestone St
31233 Firestone St
44031 Flores Dr
43901 Fondi Ct
43901 Fondi Ct
41719 Fosse Wy
41730 Fosse Wy
33075 Fox Rd
33140 Fox Rd
33317 Fox Rd
33211 Fox Rd
33366 Fox Rd
33375 Fox Rd
33402 Fox Rd
33426 Fox Rd
33614 Fox Rd
32920 Freesia Wy
23932 Freesia Wy
32932 Freesia Wy
32703 Gabbiano Dr
29843 Gateview Ct
29648 N. General Kearny
31135 S. General Kearny
39782 N. General Kearny
39822 N. General Kearny
39889 N. General Kearny
39940 N. General Kearny
29462 Georgetown Ln
29477 Georgetown Ln
31107 Gleneagles Dr
31115 Gleneagles Dr
31125 Gleneagles Dr
31135 Gleneagles Dr
31145 Gleneagles Dr
31155 Gleneagles Dr
31160 Gleneagles Dr
31165 Gleneagles Dr
31175 Gleneagles Dr
31180 Gleneagles Dr
31185 Gleneagles Dr
31195 Gleneagles Dr
31205 Gleneagles Dr
31215 Gleneagles Dr
31225 Gleneagles Dr
31265 Gleneagles Dr
3127§ Gleneagles Dr
31276 Gleneagles Dr
31288 Gleneagles Dr
45625 Gleneagles Dr
31546 Golden Lion Dr
41950 Green Tree Rd
41990 Green Tree Rd
27107 Greenstone St
30410 Guadalupe Ct
32564 Guevara Dr
32600 Guevara Dr
32672 Guevara Dr
Box 26
Page 2 of 3
31289 Heitz Ln
31235 Gleneagles Dr
32643 Hislop Dy
40237 Holden Cr
45906 Hopactong Dt
41762 Humber Dr
41798 Humber Dr
41899 Humber Dr
41910 Humber Dr
42074 Humber Dr
42121 Humber Dr
32456 Huppa Dr
32506 Hupa Dr
32514 Hupa Dr
32656 Hupa Dr
32773 Hupa Dr
32648 Hupa Dr
32869 Hupa Dr
31404 Inverness Ct
31437 Inverness Ct
30503 Iron Bark Ct
30509 Iron Bark Ct
30510 Iron Bark Ct
43191 Jamara Ct
30960 Jedediah Smith
31014 Jedediah Smith
31202 Jedediah Smith
31422 Jedediah Smith
31422 Jedediah Smith
45879 Jeronimo St
45916 Jeronimno St
39419 Jessie Cr
43563 John Warner
43991 John Warner Rd
27480 Jon Christian PI
27480 Jon Christian PI
27528 Jon Christian PI
27588 Jori Christian PI
27594 Jori Christian PI
32966 Josheroo Ct
33267 Kabian Ct
41935 Kaffirboom Ct
42040 Kaffirboom Ct
42095 Kaffirboom Ct
31091 Kahwea Rd
31107 KahWea Rd
31124 Kahwea Rd
31139 Kahwea Rd
31183 Kahwea Rd
31199 Kahwea Rd
31205 Kahwea Rd
31410 Kahwea Rd
31211 Kahwea Rd
43052 Kensington PI
43053 Kensington PI
31787 Klarer Ln
43109 Knightsbridge Wy
43123 Knightsbridge Wy
43152 Knightsbridge Wy
39530 Knollridge Dr
39811 Knollridge Dr
39845 Knollridge Dr
30610 Ko River Ct
Box 26
Page 3 of 3
45335 Clubhouse Dr
45338 Clubhouse Dr
45347 Clubhouse Dr
45356 Clubhouse Dr
45357 Clubhouse Dr
45367 Clubhouse Dr
45368 Clubhouse Dr
45377 Clubhouse Dr
45378 Clubhouse Dr
45387 Clubhouse Dr
45388 Clubhouse Dr
45398 Clubhouse Dr
45402 Clubhouse Dr
45414 Clubhouse Dr
44664 Clover Ln
44604 Clover Ln
44608 Clover Ln
44612 Clover Ln
44616 Clover Ln
44620 Clover Ln
44624 Clover Ln
44625 Clover Ln
44628 Clover Ln
44635 Clover Ln
44636 Clover Ln
44644 Clover Ln
44648 Clover Ln
44651 Clover Ln
44652 Clover Ln
44655 Clover Ln
44656 Clover Ln
44659 Clover Ln
44660 Clover Ln
44663 Clover Ln
44667 Clover Ln
44668 Clover Ln
44671 Clover Ln
44672 Clover Ln
44675 Clover Ln
44676 Clover Ln
Box 27
44679 Clover Ln
44680 Clover Ln
44683 Clover Ln
44684 Clover Ln
44687 Clover Ln
44688 Clover Ln
44692 Colver Ln
44696 Clover Ln
44700 Clover Ln
40464 Clear Light Rd
40467 Clear Light Rd
40475 Clear Light Rd
40483 Clear Light Rd
40491 Clear Light Rd
40499 Clear Light Rd
40507 Clear Light Rd
40515 Clear Light Rd
40521 Clear Light Rd
45701 Classic Wy
45711 Classic Wy
45712 Classic Wy
45726 Classic Wy
45737 Classic Wy
45738 Classic Wy
45749 Classic Wy
45750 Classic Wy
45770 Classic Wy
45771 Classic Wy
45786 Classic Wy
45787 Classic Wy
45800 Classic Wy
45801 Classic Wy
45820 Classic Wy
45821 Classic Wy
45840 Classic Wy
45841 Classic Wy
45860 Classic Wy
45861 Classic Wy
45880 Classic Wy
45881 Classic Wy
45900 classic Wy
45901 Classic Wy
45920 Classic Wy
45940 Classic Wy
45941 Classic Wy
45960 Classic Wy
45961 Classic Wy
45980 Classic Wy
45981 Classic Wy
45999 Classic Wy
46000 Classic Wy
30260 Churchill Ct
30261 Churchill Ct
30270 Churchill Ct
30273 Churchill Ct
30280 Churchill Ct
30283 Churchill Ct
30290 Churchill Ct
30300 Churchill Ct
30301 Churchill Ct
30310 Churchill Ct
30311 Churchill Ct
39320 Churchill Ct
30330 Churchill Ct
30333 Churchill Ct
30340 Churchill Ct
43300 Cielo de Azul
43318 Cielo de Azul
30904 Classic Wy
45504 Classic Wy
45514 Classic Wy
45520 Classic Wy
45521 Classic Wy
45528 Classic Wy
45535 Classic Wy
45536 Classic Wy
45544 Classic Wy
45545 Classic Wy
45552 Classic Wy
45553 Classic Wy
Page 1 of 2
45560 Classic Wy
45561 Classic Wy
45568 Classic Wy
45569 Classic Wy
45570 Classic Wy
45571 Classic Wy
45581 Classic Wy
45586 Classic Wy
45587 Classic Wy
45602 Classic Wy
45603 Classic Wy
45617 Classic Wy
45631 Classic Wy
45640 Classic Wy
45647 Classic Wy
45660 Classic Wy
45661 Classic Wy
45675 Classic Wy
45676 Classic Wy
45690 Classic Wy
45700 Classic Wy
41137 Chemin la Tache
41147 Chemin la Tache
32220 Chemin Luarent
32225 Chemin Laurent
32233 Chemin Laurent
32257 Chemin Laurent
41238 Chemin Margaux
38310 Cherrywood Dr
31611 Chelsea Wy
31615 Chelsea Wy
316'9 Chelsea Wy
31623 Chelsea Wy
31625 Chelsea Wy
31627 Chelsea Wy
31631 Chelsea Wy
31643 Chelsea Wy
31647 Chelsea Wy
31651 Chelsea Wy
31655 Chelsea Wy
31659 Chelsea Wy
31663 Chelsea Wy
31667 Chelsea Wy
41412 Chenin Blanc
41459 Chenin Blanc
41595 Chenin Blanc
41730 Chenin Blanc
41559 Chenin Blanc
32195 Chemin Clinet
32195 Chemin Clinet
40520 Chantilly Circle
40524 Chantilly Circle
40527 Chantilly Circle
40530 Chantilly Circle
40533 Chantilly Circle
40539 Chantilly Circle
40545 Chantilly Circle
40551 Chantilly Circle
40552 Chantilly Circle
40557 Chantilly Circle
40563 Chantilly Circle
40566 Chantitly Circle
40569 Chantilly Circle
32838 Charmes Ct
32848 Charmes Ct
40411 Chauncy Wy
40412 Chauncey Wy
40459 Chauncey Wy
40477 Chauncey Wy
41435 Chauncey Wy
49435 Chauncey Wy
32326 Circle La Tour
32334 Cercle La Tour
32335 Cercle Latour
32357 Cercle Latour
32365 Cercle Latour
32366 Cercle Latour
32373 Cercle Latour
32374 Cercle Latour
32380 Cercle Latour
31740 Cerritos Wy
41636 Chablis Ct
41652 Chablis Ct
41682 Chablis Ct
41721 Chablis Ct
41735 Chablis Ct
31003 Chaldron
31039 Chaldron
31044 Chaldron
31045 Chaldron
31057 Chaldron
39953 Chalon Ct
39965 Chalon Ct
39977 Chalon Ct
Page 2 of 2
45410 Masters Dr
45411 Masters Dr
45424 Masters Dr
45425 Masters Dr
45439 Masters Dr
45456 Masters Dr
45457 Masters Dr
45477 Masters Dr
45478 Masters Dr
45490 Masters Dr
45495 Masters Dr
45506 Masters Dr
45525 Masters Dr
45530 Masters Dr
45539 Masters Dr
45542 Masters Dr
45554 Masters Dr
45555 Masters Dr
45566 Masters Dr
45569 Masters Dr
45572 Masters Dr
45583 Masters Dr
45584 Masters Dr
45596 Masters Dr
45597 Masters Dr
45610 Masters Dr
45611 Masters Dr
45626 Masters Dr
45631 Masters Dr
45644 Masters Dr
45647 Masters Dr
45654 Masters Dr
45694 Masters Dr
45717 Masters Dr
45718 Masters Dr
32242 McCabe Rd
32008 McCabe Rd
32312 McCabe Rd
32250 McCabe Rd
Box 28
30860 Meade River Ct
30861 Meade River Ct
30871 Meade River Ct
30881 Meade River Ct
30890 Meade River Ct
30891 Meade River Ct
30901 Meade River Ct
30901 Meade River Ct
32014 Meadows Parkway
32025 Meadows Parkway
31552 Meadows Parkway
41045 Meadows Parkway
41588 Meadows Parkway
41628 Meadows Parkway
41755 Meadows Parkway
32025 Meadows Parkway
42075 Meadows Parkway
42993 Meadows Parkway
43059 Meadows Parkway
43157 Meadows Parkway
43853 Meadows Parkway
28661 Mercedes St
28690 Mercedes St
32004 Merlot Crest
32008 Merlot Crest
32011 Merlot Crest
32012 Merlot Crest
32016 Merlot Crest
32019 Merlot Crest
32020 Merlot Crest
32023 Merlot Crest
32024 Merlot Crest
32027 Merlot Crest
32028 Merlot Crest
32032 Merlot Crest
32036 Merlot Crest
32040 Merlot Crest
32044 Merlot Crest
32048 Merlot Crest
32051 Merlot Crest
32052 Medot Crest
32055 Merlot Crest
32056 Merlot Crest
32058 Merlot Crest
32060 Merlot Crest
30258 Merse f Ct
30259 Merse ~ Ct
30269 Merse ~ Ct
30268 Merse ~ Ct
30278 Merse ~ Ct
30288 Merse ~ Ct
30289 Merse ~ Ct
30301 Merse ~ Ct
30298 Merse f Ct
30367 Milky Way Dr
30393 Milky Way Dr
30561 Milky Way Dr
30367 Milky Way Dr
30463 Milky Way Dr
30660 Milky Way Dr
40257 Mimulus Wy
40175 Mimulus Wy
40183 Mimulus Wy
40288 Mimulus Wy
40293 Mimulus Wy
29700 Mira Loma Dr
29850 Mira Loma Dr
30006 Mira Loma Dr
30018 Mira Loma Dr
30030 Mira Loma Dr
30042 Mira Loma Dr
30053 Mira Loma Dr
30054 Mira Loma Dr
30066 Mira Loma Dr
30077 Mira Loma Dr
30078 Mira Loma Dr
30089 Mira Loma Dr
30096 Mira Loma Dr
Page 1 of 3
30110 Mira Loma Dr
30113 Mira Loma Dr
30124 Mira Loma Dr
30125 Mira Loma Dr
30137 Mira Loma Dr
30138 Mira Loma Dr
30173 Mira Loma Dr
30197 Mira Loma Dr
30200 Mira Loma Dr
30209 Mira Loma Dr
30216 Mira Loma Dr
30233 Mira Loma Dr
30240 Mira Loma Dr
30245 Mira Loma Dr
30258 Mira Loma Dr
30263 Mira Loma Dr
30277 Mira Loma Dr
30288 Mira Loma Dr
30291 Mira Loma Dr
30305 Mira Loma Dr
30318 Mira Loma Dr
30333 Mira Loma Dr
30334 Mira Loma Dr
30347 Mira Loma Dr
30375 Mira Loma Dr
30396 Mira Loma Dr
30403 Mira Loma Dr
30416 Mira Loma Dr
30417 Mira Loma Dr
30431 Mira Loma Dr
30445 Mira Loma Dr
31075 Mira Loma Dr
31085 Mira Loma Dr
43241 Modena Dr
43242 Modena Dr
43251 Modena Dr
43252 Modena Dr
43261 Modena Dr
43262 Modena Dr
43272 Modena Dr
43273 Modena Dr
43282 Modena Dr
43285 Modena Dr
43292 Modena Dr
43295 Modena Dr
43302 Modena Dr
43307 Modena Dr
43312 Modena Dr
43317 Modena Dr
43322 Modena Dr
43327 Modena Dr
43331 Modena Dr
43332 Modena Dr
43337 Modena Dr
43342 Modena Dr
43352 Modena Dr
43357 Modena Dr
43362 Modena Dr
43372 Modena Dr
43382 Modena Dr
43382 Modena Dr
43391 Modena Dr
43392 Modena Dr
43451 Modena Dr
43471 Modena Dr
31750 Monique Cr
31772 Monique Cr
31775 Monique Cr
31794 Monique Cr
31797 Monique Cr
31816 Monique Cr
31819 Monique Cr
31838 Monique Cr
31841 Monique Cr
31860 Monique Cr
31863 Monique Cr
31872 Monique Cr
31885 Monique Cr
31894 Monique Cr
31916 Monique Cr
31939 Monique Cr
31950 Monique Cr
30014 Milano Rd
30015 Milano Rd
30027 Milano Rd
30028 Milano Rd
30041 Milano Rd
30042 Milano Rd
30055 Milano Rd
30056 Milano Rd
30069 Milano Rd
30070 Milano Rd
30079 Milano Rd
30091 Milano Rd
30098 Milano Rd
30103 Milano Rd
30111 Milano Rd
30112 Milano Rd
30126 Milano Rd
30135 Milano Rd
30140 Milano Rd
30154 Milano Rd
30168 Milano Rd
30182 Milano Rd
30196 Milano Rd
30210 Milano Rd
30224 Milano Rd
30238 Milano Rd
30252 Milano Rd
30266 Milano Rd
30280 Milano Rd
30308 Milano Rd
30322 Milano Rd
30336 Milano Rd
30350 Milano Rd
30364 Milano Rd
30378 Milano Rd
30392 Milano Rd
30406 Milano Rd
30430 Milano Rd
30420 Milano Rd
30434 Milano Rd
30476 Milano Rd
Page 2 of 3
30488 Milano Rd
30512 Milano Rd
20500 Milano Rd
30524 Milano Rd
30536 Milano Rd
30548 Milano Rd
30560 Milano Rd
30572 Milano Rd
30584 Milano Rd
30596 Milano Rd
30608 Milano Rd
30620 Milano Rd
Page 3 of 3
42100 Southern Hills
42103 Southern Hills
42112 Southern Hills
42113 Southern Hills
42123 Southern Hills
42133 Southern Hills
42138 Southern Hills
42143 Southern Hills
42153 Southern Hills
42161 Southern Hills
42171 Southern Hills
42183 Southern Hills
30447 Spica ct
30563 Spica ct
30567 Spica ct
39322 Springtime dr
39332 Springtime dr
39998 Stamos ct
40010 Stamos ct
40022 Stamos ct
39998 Stamos ct
30225 Solana way
31423 Sonoma In
31431 Sonoma In
31435 Sonoma In
31443 Sonoma In
31436 Sonoma In
31446 Sonoma In
31451 Sonoma In
31452 Sonoma In
31459 Sonoma In
31460 Sonoma In
31467 Sonoma In
31468 Sonoma In
31475 Sonoma In
31476 Sonoma In
31483 Sonoma In
31484 Sonoma In
31491 Sonoma In
31491 Sonoma In
31492 Sonoma In
31499 Sonoma In
31500 Sonoma In
31507 Sonoma In
31508 Sonoma In
30507 Southern Cross
30510 Southern Cross
30513 Southern Cross
30541 Southern Cross
30557 Southern Cross
30507 Southern Cross
30570 Southern Cross
30591 Southern Cross
30630 Southern Cross
30645 Southern Cross
30673 Southern Cross
30682 Southern Cross
42019 Southern Hills
42022 Southern Hills
42023 Southern Hills
42031 Southern Hills
42040 Southern Hills
42041 Southern Hills
42051 Southern Hills
42058 Southern Hills
42068 Southern Hills
42071 Southern Hills
42078 Southern Hills
42083 Southern Hills
42088 Southern Hills
42093 Southern Hills
41929 Skywood dr
41930 Skywood dr
41939 Skywood dr
41940 Skywood dr
41949 Skywood dr
41950 Skywood dr
41810 Skywood dr
41850 Skywood dr
41859 Skywood dr
41860 Skywood dr
41869 Skywood dr
41870 Skywood dr
41879 Skywood dr
41880 Skywood dr
41889 Skywood dr
rd
rd
rd
rd
rd
rd
rd
rd
rd
rd
rd
rd
29600 Solana wy
29605 Solana wy
29700 Solana wy
29705 Solana wy
29720 Solana wy
29751 Solana wy
29755 Solana wy
29800 Solana wy
29805 Solana wy
29275 Solana wy
30175 Solana wy
30335 Silver Ridge ct
30340 Silver Ridge ct
30343 Silver Ridge ct
30348 Silver Ridge ct
30351 Silver Ridge ct
30358 Silver Ridge ct
30344 Sierra Madre dr
41003 Simi ct
41006 Simi ct
41011 Simi ct
41014 Simi ct
41019 Simi ct
41022 Simi ct
41027 Simi ct
41030 Simi ct
41038 Simi ct
30676 Sky Terrace dr
30679 Sky Terrace dr
30703 Sky Terrace dr
30711 Sky Terrace dr
30712 Sky Terrace dr
30730 Sky Terrace dr
30756 Sky Terrace dr
41800 Skywood dr
41820 Skywood dr
41829 Skywood dr
41830 Skywood dr
41839 Skywood dr
41840 Skywood dr
41849 Skywood dr
41890 Skywood dr
41899 Skywood dr
41909 Skywood dr
41910 Skywood dr
41919 Skywood dr
41920 Skywood dr
30172 Silver Ridge Ct
30180 Silver Ridge ct
30183 Silver Ridge ct
30188 Silver Ridge ct
30191 Silver Ridge ct
30196 Silver Ridge ct
30240 Silver Ridge ct
30207 Silver Ridge ct
30212 Silver Ridge ct
30220 Silver Ridge ct
30223 Silver Ridge ct
30228 Silver Ridge ct
30231 Silver Ridge ct
30236 Silver Ridge ct
30239 Silver Ridge ct
30244 Silver Ridge ct
30247 Silver Ridge ct
30252 Silver Ridge ct
30255 Silver Ridge ct
30260 Silver Ridge ct
30263 Silver Ridge ct
30268 Silver Ridge ct
30271 Silver Ridge ct
30276 Silver Ridge ct
30279 Silver Ridge ct
30284 Silver Ridge ct
30287 Silver Ridge ct
30300 Silver Ridge ct
30303 Silver Ridge ct
30308 Silver Ridge ct
30316 Silver Ridge ct
30319 Silver Ridge ct
30324 Silver Ridge ct
30327 Silver Ridge ct
30332 Silver Ridge ct
30505 Sierra Madre dr
30508 Sierra Madre dr
30513 Sierra Madre dr
30516 Sierra Madre dr
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30523 Sierra Madre dr
30526 Sierra Madre dr
30531 Sierra Madre dr
30538 Sierra Madm dr
30541 Sierra Madre dr
30544 Sierra Madre dr
30549 Sierra Madre dr
30558 Sierra Madre dr
30559 Sierra Madre dr
30567 Sierra Madre dr
30568 Sierra Madre dr
45261 Silverado In
45275 Silverado In
45276 Silverado In
45291 Silverado In
45300 Silverado In
45303 Silverado In
45314 Silverado In
45315 Silverado In
45325 Silverado In
45326 Silverado In
45337 Silverado In
45338 Silverado In
45349 Silverado In
45350 Silverado In
45361 Silverado In
45364 Silverado In
45373 Silverado In
45383 Silverado In
45395 Silverado In
45407 Silverado In
45419 Silverado In
45431 Silverado In
30151 Silver Ridge Ct
30156 Silver Ridge ct
30164 Silver Ridge ct
30167 Silver Ridge ct
30129 Sierra Madre dr
30201 Sierra Madre dr
30209 Sierra Madre dr
30214 Sierra Madre dr
30217 Sierra Madre dr
30222 Sierra Madre dr
30225 Sierra Madre dr
30203 Sierra Madre dr
30233 Sierra Madre dr
30238 Sierra Madre dr
30241 Sierra Madre dr
30246 Sierra Madre dr
30249 Sierra Madre dr
30254 Sierra Madre dr
30257 Sierra Madre dr
30262 Sierra Madre dr
30265 Sierra Madre dr
30270 Sierra Madre dr
30273 Sierra Madre dr
30278 sierra madre dr
30281 Sierra Madre dr
30286 Sierra madre dr
30289 Sierra Madre dr
30927 Sierra Madre dr
30304 Sierra Madre dr
30305 Sierra Madre dr
30311 Silver Ridge ct
30312 Sierra Madre dr
30313 Sierra Madre dr
30320 Sierra Madre dr
30321 Sierra madre dr
30328 Sierra Madre dr
30329 Sierra Madre dr
30336 Sierra Madre dr
30337 Sierra Madre dr
30345 Sierra Madre dr
30352 Sierra Madre dr
30353 Sierra Madre dr
30360 Sierra madre dr
30361 Sierra Madre dr
30368 Sierra Madre dr
30369 Sierra Madre dr
30376 Sierra madre dr
30377 Sierra Madre dr
30384 Sierra Madre dr
30385 Sierra Madre dr
30393 Sierra Madre dr
30394 Sierra madm dr
30402 Sierra madre dr
30403 Sierra Madre dr
30411 Sierra Madre dr
30412 Sierra Madre dr
30421 Sierra Madre dr
30422 Sierra Madre dr
30438 Sierra Madre dr
30439Sierra Madre dr
30447 Sierra Madre dr
30450 Sierra Madre dr
30457 Sierra Madre dr
3-465 Sierra Madre dr
30466 Sierra Madre dr
30475 Sierra Madre dr
30478 Sierra Madre dr
30479 Sierra Madre dr
30484 Sierra Madre dr
30485 Sierra Madre dr
30494 Sierra Madre dr
30495 Sierra Madre dr
30504 Sierra Madre dr
42202 Stonewood rd
42211 Stonewood rd
42212 Stonewood rd
42213 Stonewood rd
42214 Stonewood rd
42215 Stonewood rd
42216 Stonewood rd
42217 Stonewood rd
42218 Stonewood rd
42219 Stonewood rd
42220 Stonewood rd
42221 Stonewood rd
42222 Stonewood rd
42223 Stonewood rd
42224 Stonewood rd
42225 Stonewood rd
42226 Stonewood rd
42227 Stonewood rd
42228 Stonewood rd
42229 Stonewood rd
42230 Stonewood rd
42232 Stonewood rd
29210 Stonewood rd
29618 Stonewood rd
29619 Stonewood rd
29220 Stonewood rd
29630 Stonewood rd
29631 Stonewood rd
29642 Stonewood rd
29654 Stonewood rd
40085 Starling st
40093 Starli ~ng st
40115 Starling st
40125 Starling st
40141 Starling st
40147 Starling st
40156 Starling st
40156 Starling st
40153 Starling st
40164 Starling st
40173 Starling' st
40212 Starling st
40218 Starling st
40220 Starling st
42192 Stonewood rd
42194 Stonewood rd
42196 Stonewood rd
42198 Stonewood rd
42200 Stonewood rd
42204 Stonewood rd
42206 Stonewood rd
42208 Stonewood rd
42210 Stonewood rd
31249 Sierra Bonita
31265 Sierra Bonita
31275 Sierra Bonita
30113 Sierra Madre dr
30121 Sierra Madre dr
30129 Sierra Madre dr
30134 Sierra Madre dr
30145 Sierra Madre dr
30150 Sierra Madre dr
30153 Sierra Madre dr
30158 Sierra Madre dr
30161 Sierra Madre dr
30169 Sierra madre dr
30177 Sierra Madre dr
30137 Sierra Madre dr
30185 Sierra Madre dr
30193 Sierra Madm dr
30198 Sierra Madre dr
? o$~
Box 30
42018 Pacific Grove Way
41946 Pacific Grove Way
41958 Pacific Grove Way
41958 Pacific Grove Way
41970 Pacific Grove Way
41982 Pacific Grove Way
41994 Pacific Grove Way
42044 Pacific Grove Way
31367 Pahuta St
43444 Paisano Ct
43446 Paisano Ct
43447 Paisano Ct
43452 Paisano Ct
43455 Paisano Ct
43460 Paisano Ct
43463 Paisano Ct
43468 Paisano Ct
43471 Paisano Ct
43476 Paisano Ct
43479 Paisano Ct
43484 Paisano Ct
43487 Paisano Ct
43492 Paisano Ct
43495 Paisano Ct
46011 Pala Rd
44526 Pala Rd
46091 Pala Rd
32429 Palacio St
32437 Palacio St
32445 Palacio St
32453 Palacio St
32461 Palacio St
32469 Palacio St
32477 Palacio St
32485 Palacio St
32493 Palacio St
44143 Parcella St
44203 Parcella Ct
27560 Parkside Dr
31681 Paseo De las olas
31722 Paseo De las olas
40320 Paseo Del Cielo
40320 Paseo Del Cielo
40339 Paseo Del Cielo
40479 Paseo Del Cielo
31394 Paseo De Las Olas
31669 Paseo De Las Olas
40174 Paseo Sereno
40245 Paseo Sereno
40300 Paseo Sereno
40340 Paseo Sereno
40365 Paseo Sereno
40374 Paseo Sereno
30652 Pauba Rd
31950 Pauba Rd
32874 Paterno St
33010 Paterno St
31950 Pauba Rd
34815 Pauba Rd
30284 Pechanga Dr
30345 Pechanga Dr
30356 Pechanga Dr
31424 Pennant Ct
31437 Pennant Ct
31438 Pennant Ct
31443 Pennant Ct
31444 Pennant Ct
31449 Pennant Ct
31450 Pennant Ct
31456 Pennant Ct
31462 Pennant Ct
31467 Pennant Ct
31468 Pennant Ct
31473 Pennant Ct
31474 Pennant Ct
31479 Pennant Ct
31480 Pennant Ct
31485 Pennant Ct
31486 Pennant Ct
31491 Pennant Ct
31492 Pennant Ct
31497 Pennant Ct
31498 Pennant Ct
32319 Pensador St
32332 Pensador St
32390 Pensador St
32409 Pensador St
32429 Pensador St
32439 Pensador St
30975 Pescado Dr
43670 Piasano PI
42089 Pine Needle St
41233 Pine Tree Cr
41288 Pine Tree Cr
41374 Pine Tree Cr
41329 Pine Tree Cr
41334 Pine Tree Cr
41337 Pine Tree Cr
41342 Pine Tree Cr
41350 Pine Tree Cr
41358 Pine Tree Cr
41366 Pine Tree Cr
41371 Pine Tree Cr
41382 Pine Tree Cr
41390 Pine Tree Cr
41398 Pine Tree Cr
31580 Plo Pico Rd
31637 Pio Pico Rd
31720 Plo Pico Rd
43848 Pio Pico Rd
31720 Pio Pico Rd
32292 Placer Belair
31373 Placer Condrieu
31381 Pacer Condrieu
31389 Placer Condrieu
41274 Placer Lafite
41337 Placer Lafite
Box 30
Page 1 of 3
31372 Placer Lafite
31390 Placer Condrieu
41234 Placer Lafite
41242 Placer Lafite
41250 Placer Lafite
41253 Placer Lafite
41258 Placer Lafite
41266 Placer Lafite
41269 Placer Lafite
41274 Placer Lafite
41290 Placer Lafite
41298 Placer Lafite
41306 Placer Lafite
41314 Placer Lafite
41322 Placer Lafite
41330 Placer Lafite
41337 Placer Lafite
41170 Poco Via
43169 Primavera Dr
41025 Promenade Chardonnay
41081 Promenade Chardonnay
41087 Promenade Chardonnay
41149 Promenade Chardonnay
41194 Promenade Chardonnay
43067 Pudding Ct
32391 Puerto Oro St
32511 Puerto Oro St
29825 PueSta Del Sol
29845 PueSta Del Sol
28639 Pujol St
28790 Pujol St
45036 Putting Green Ct
30441 Red River Cr
30368 Red River Cr
30378 Red River Cr
30401 Red River Cr
44260 Redhawk PkVVy
32940 Regina Dr
33004 Regina Dr
44763 Rhiannon Wy
42070 Roanoake St
42113 Roick Dr
42113 Roick Dr
33050 Romero Dr
39749 Roripaugh Rd
39668 Roripaugh Rd
39784 Roripaugh Rd
32426 Rosa Ct
32458 Rosa Ct
32483 Rosa Ct
32500 Rosa Ct
32420 Rosado Ct
32421 Rosado Ct
32428 Rosado Ct
32429 Rosado Ct
32436 Rosado Ct
32437 Rosado Ct
32444 Rosado Ct
32445 Rosado Ct
32446 Rosado Ct
32452 Rosado Ct
32459 Rosado Ct
32460 Rosado Ct
32467 Rosado Ct
32468 Rosado Ct
32475 Rosado Ct
32476 Rosado Ct
32978 Rossman Cr
32989 Rossman Cr
33013 Rossman Cr
33037 Rossman Cr
33056 Rossman Cr
32751 Rovato St
32781 Rovato St
41473 Royal Dornoch Ct
31361 Royal Oaks Dr
31367 Royal Oaks Dr
31388 Royal Oaks Dr
31418 Royal Oaks Dr
41440 Royal Oaks Dr
41441 Royal Dornoch Ct
41450 Royal Dornoch Ct
41451 Royal Dornoch Ct
41460 Royal Dornoch Ct
41484 Royal Dornoch Ct
41461 Royal Dornoch Ct
41473 Royal Dornoch Ct
41485 Royal Dornoch Ct
41496 Royal Dornoch Ct
41497 Royal Dornoch Ct
31406 Royal Oaks Dr
31513 Royal Oaks Dr
31519 Royal Oaks Dr
31525 Royal Oaks Dr
31526 Royal Oaks Dr
31531 Royal Oaks Dr
31532 Royal Oaks Dr
31537 Royal Oaks Dr
31538 Royal Oaks Dr
31544 Royal Oaks Dr
31550 Royal Oaks Dr
31551 Royal Oaks Dr
31556 Royal Oaks Dr
41272 Rue Jadot
31089 Ruidosa St
39735 RuStic Glen Dr
32442 San Marco Dr
32642 San Marco Dr
30357 San Pasqual Rd
30652 San Pasqual Rd
30650 San Pasqual Rd
30700 San Pasqual Rd
41428 Sanborn Ay
31471 Sandhill Ln
31481 Sandhill Ln
31481 Sandhill Ln
31491 Sandhill Ln
31501 Sandhill Ln
31511 Sandhill Ln
31521 Sandhill Ln
31531 Sandhill Ln
31461 Sandhill Ln
31755 Sandhill Ln
Box 30
Page2of3
30096 Santa Cecilia 30440 Shenandoah Ct
30131 Santa Cecilia 30445 Shenandoah Ct
30138 Santa Cecilia 31275 Sierra Bonita
30350 Santa Cecilia 27605 Sierra Madre Dr
30366 Santa Cecilia 30249 Sierra Madre Dr
42680 Santa Suzanne PI 30360 Sierra Madre Dr
29777 Santiago Rd 30457 Sierra Madre Dr
29779 Santiago Rd 30478 Sierra madre Dr
30250 Santiago Rd 30485 Sierra Madre Dr
30682 Santiago Rd 30568 Sierra Madre Dr
31305 Santiago Rd 30657 Sky Terrace Dr
39548 Sarah Dr 30665 Sky Terrace Dr
42136 Sarah Wy 41526 Slice Wy
42148 Sarah Wy 41606 Slice Wy
42202 Sarah Wy 41616 Slice Wy
43522 Savona St 27615 Sonora Cr
43538 Savona St 27636 Sonora Cr
43557 Savona St 27679 Sonora Cr
43619 Savona St 27685 Sonora Cr
43697 Savona St 27697 Sonora Cr
41214 Sea Island Ct 32920 Sotelo Dr
42074 Selby Cr 32960 Sotelo Dr
31319 Seminole St 33077 Sotelo Dr
31421 Seminole St 33109 Sotelo Dr
31439 Seminole St 30612 Southern Cross Rd
27447 Senna Ct 30681 Southern Cross Rd
27486 Senna Ct 42112 Southern Cross Rd
39558 Seraphina Rd 30447 Spica Ct
31155 Saho Ct 27401 Stanford Dr
43136 Sereno Dr 27409 Stanford Dr
43175 Sereno Dr 27410 Stanford Dr
30959 Shaba Cr 27417 Stanford Dr
41883 Shorewood Ct 27420 Stanford Dr
27425 Stanford Dr
27430 Stanford Dr
27433 Stanford Dr
27449 Stanford Dr
27577 Stanford Dr
27521 Stanford Dr
27626 Stanford Dr
40257 Starling St
40267 Starling St
40277 Starling St
40287 Starling St
40297 Stading St
42166 Stonewood Rd
29682 Stonewood Rd
42211 Stonewood Rd
31140 Sunningdale Dr
31105 Sunningdale Dr
31190 Sunningdale Dr
31155 Sunningdale Dr
31221 Sunningdale Dr
31250 Sunningdale Dr
31269 Sunningdale Dr
31318 Sunningdale Dr
31334 Sunningdale Dr
31515 Sunningdale Dr
31527 Sunningdale Dr
42929 Sunny Meadows Dr
32493 Sunny Vail Cr
32565 Sunny Vail Cr
27440 Swallow Ct
27549 Swallow Ct
42125 Sweetshade Ln
Box 30
Page 3 of 3
Box 31
39055 Liefer Rd 44501 La Paz Rd
39275 Liefer Rd 44509 La Paz Rd
39515 Liefer Rd 44511 La Paz Rd
29520 Liefer Rd 44535 La Paz Rd
39613 Liefer Rd 44549 La Paz Rd
39650 Liefer Rd 44550 La Paz Rd
30791 Links Ct 44557 La Paz Rd
30691 Links Ct 44575 La paz Rd
30701 Links Ct 44606 La paz Rd
30709 Links Ct 44607 La Paz Rd
30722 Links Ct 44617 La Paz Rd
30725 Links Ct 44737 La Paz Rd
30730 Links Ct 44691 La Paz Rd
30733 Links Ct 40560 La Cadena St
30738 Links Ct 40565 La Cadena Ct
30739 Links Ct 40515 La Colima Rd
30746 Links Ct 40550 La Colima Rd
30743 Links Ct 40555 La Colima Rd
30749 Links Ct 40575 La Colima Rd
30753 Links Ct 40595 La Colima Rd
30754 Links Ct 40625 La Colima Rd
30761 Links Ct 40645 La Colima Rd
30762 Links Ct 40665 La Colima Rd
30770 Links Ct 40666 La Colima Rd
30771 Links Ct 40680 La Colima Rd
30781 Links Ct 40685 La Colima Rd
30791 Links Ct 40715 La Colima Rd
30798 Links Ct 40732 La Colima Rd
30801 Links Ct 40522 La Cadena Ct
30811 Links Ct 40545 La Cadena Ct
30820 Links Ct 40732 La Colima Rd
30822 Links Ct 40765 La Colima Rd
44220 La Paz Rd 40755 La Colima Rd
44290 La Paz Rd 29805 La Corona Ct
44650 La paz Rd 29915 La Corona Ct
44655 La Paz Rd 29855 La Corona Ct
44667 La paz Rd 29880 La Corona Ct
44679 La Paz Rd 31085 Lahontan
44330 La paz Rd 31088 Lahontan
31093 Lahontan St
31176 Lahontan St
31152 Lahontan St
31136 Lahontan St
31829 Corte Pollensa
30071 La Primavera St
30099 La Primavera St
30110 La Primavera St
30113 La Primavera St
30126 La Primavera St
30129 La Primavera St
30410 La Primavera St
30145 La Primavera St
30156 La Primavera St
30158 La Primavera St
30170 La Primavera St
39181 La Primavera St
30184 La Primavera St
30198 La Primavera St
30996 La Primavera St
28800 La Serena Way
20969 La Serena Way
30975 La Serena Way
31295 La Serena Way
31400 La Serena Way
31776 La Serena Way
41315 La Sierra
41320 La Sierra
41330 La Sierra
41342 La Sierra
41345 La Sierra
41360 La Sierra
41361 La Sierra
30660 La Sombra Ct
30680 La Sombra Ct
30700 La Sombra Ct
28690 Las Haciendas St
28710-B Las Haciendas St
28700 B Las Haciendas St
Box 31
Page 1 of 3
28710 Las Haciendas St
42701 Las Violettas Ct
42720 Las Violettas Ct
42721 Las Violetas Ct
42740 Las Violettas Ct
42741 Las Violettas Ct
42800 Las Violettas Ct
42801 Las Violettas Ct
43885 Larino Ct
43893 Larino Ct
43896 Larino Ct
43903 Larino Ct
43908 Larino Ct
43913 Larino Ct
43916 Larino Ct
43925 Larino Ct
43926 Larino Ct
43935 Larino Ct
43938 Larino Ct
43947 Larino Ct
43950 Larino Ct
43959 Larino Ct
43962 Larino Ct
43971 Larino Ct
43974 Larino Ct
43983 Larino Ct
43986 Larino Ct
30695 Lolita Rd
30984 Lolita Rd
30800 Lolita Rd
27495 Lark Ct
27510 Lark Ct
30130 Laurel Creek Dr
41584 Laurel Valley Cr
41593 Laurel Valley Cr
41601 Laurel Valley Cr
41602 Laurel Valley Cr
32138 Lenna Way
32562 Lenna Way
32634 Lenna Way
41609 Laurel Valley
39055 Lieffer Rd
39055 Liefer Rd
39055 Liefer Rd
30781 Links Ct
31675 Leigh Lane
31692 Leigh Lane
31711 Leigh Lane
31799 Leigh Lane
31871 Leigh Ct
31943 Leigh Lane
31944 Leigh Lane
30025 Levande PI
30090 Levande PI
3010 Levande PI
31430 Loma Linda Rd
30487 Loma Linda Rd
30612 Loma Linda Rd
30624 Loma Linda Rd
30631 Loma Linda Rd
30640 Loma Linda Rd
30648 Loma Linda Rd
30652 Loma Linda Rd
30660 Loma Linda Rd
30656 Loma Linda Rd
30676 Loma Linda Rd
30680 Loma Linda Rd
30688 Loma Linda Rd
30692 Loma Linda Rd
30693 Loma Linda Rd
30696 Loma Linda Rd
30697 Loma Linda Rd
30699 Loma Linda Rd
30700 Loma Linda Rd
30704 Loma Linda Rd
30703 Loma Linda Rd
30708 Loma Linda Rd
30712 Loma Linda Rd
30716 Loma Linda Rd
30720 Loma Linda Rd
30727 Loma Linda Rd
30731 Loma Linda Rd
30735 Loma Linda Rd
30739 Loma Linda Rd
30743 Loma Linda Rd
30747 Loma Linda Rd
30751 Loma Linda Rd
30755 Loma Linda Rd
30759 Loma Linda Rd
30763 Loma Linda Rd
30768 Loma Linda Rd
30775 Loma Linda Rd
30776 Loma Linda Rd
30779 Loma Linda Rd
30780 Loma Linda Rd
30783 Loma Linda Rd
30786 Loma Linda Rd
30791 Loma Linda Rd
30796 Loma Linda Rd
30800 Loma Linda Rd
30804 Loma Linda Rd
30808 Loma Linda Rd
30807 Loma Linda Rd
30811 Loma Linda Rd
30812 Loma Linda Rd
30815 Loma Linda Rd
30819 Loma Linda Rd
30820 Loma Linda Rd
30823 Loma Linda Rd
30824 Loma Linda Rd
30827 Loma Linda Rd
30828 Loma Linda Rd
30829 Loma Linda Rd
30832 Loma Linda Rd
30833 Loma Linda Rd
30836 Loma Linda Rd
30839 Loma Linda Rd
30840 Loma Linda Rd
30843 Loma Linda Rd
30847 Loma Linda Rd
30848 Loma Linda Rd
30852 Loma Linda Rd
30853 Loma Linda Rd
Box 31
Page 2 of 3
30856 Loma Linda Rd
30844 Loma Linda Rd
30857 Loma Linda Rd
30861 Loma Linda Rd
30862 Loma Linda Rd
30864 Loma Linda Rd
30865 Loma Linda Rd
30873 Loma Linda Rd
30877 Loma Linda Rd
30878 Loma Linda Rd
30885 Loma Linda Rd
30889 Loma Linda Rd
30893 Loma Linda Rd
30897 Loma Linda Rd
30901 Loma Linda Rd
30905 Loma Linda Rd
30961 Loma Linda Rd
30968 Loma Linda Rd
31424 Loma Linda Rd
31427 Loma Linda Rd
31433 Loma Linda Rd
31439 Loma Linda Rd
31442 Loma Linda Rd
31445 Loma Linda Rd
31451 Loma Linda Rd
Box 31
Page 3 of 3
Box 32
39250 Deputy Road
35540 Diego Drive
39444 Diego Drive
39456 Diego Drive
39468 Diego Drive
39480 Diego Drive
39483 Diego Drive
39492 Diego Drive
39493 Diego Drive
39504 Diego Drive
39509 Diego Drive
39516 Diego Drive
39523 Diego Drive
39528 Diego Drive
39535 Diego Drive
39545 Diego Drive
39552 Diego Drive
39559 Diego Drive
39564 Diego Drive
39571 Diego Drive
39576 Diego Drive
39583 Diego Drive
39588 Diego Drive
39597 Diego Drive
39600 Diego Drive
39607 Diego Drive
39612 Diego Place
39621 Diego Drive
39026 Diego Drive
39640 Diego Place
39654 Diego Drive
39656 Diego Drive
31147 Dog Leg Circle
31155 Dog Leg Circle
31157 Dog Leg Circle
31163 Dog Leg Circle
31171 Dog Leg Circle
31098 Dog Leg Circle
31106 Dog Leg Circle
31107 Dog Leg Circle
31114 Dog Leg Circle
31115 Dog Leg Circle
31122 Dog Leg Circle
31123 Dog Leg Circle
31131 Dog Leg Circle
31132 Dog Leg Circle
31139 Dog Leg Circle
31140 Dog Leg Circle
40210 Donomore Court
40216 Donomore Court
30691 Doral Court
30692 Doral Ct
30702 Doral Ct
30722 Doral Ct
30732 Doral Ct
41799 Driver Lane
41805 Driver Lane
41817 Driver Lane
41820 Driver Lane
41829 Driver Lane
41830 Driver Lane
41844 Ddver Lane
41845 Driver Lane
41853 Driver Lane
41858 Driver Lane
41863 Driver Lane
41873 Driver Lane
41877 Driver Lane
41879 Driver Lane
41883 Driver Lane
41887 Driver Lane
41895 Driver Lane
41898 Driver Lane
41901 Driver Lane
41905 Driver Lane
41911 Driver Lane
41919 Driver Lane
31001 Dulce Court
31005 Dulce Court
31008 Dulce Court
31017 Dulce Court
31293 Durney Court
31288 Durney Court
31296 Durney Court
31308 Durney Court
31309 Durney Court
30921 Eagle Court
30929 Eagle Court
30937 Eagle Court
30942 Eagle Court
30945 Eagle Court
30952 Eagle Court
30953 Eagle Court
30960 Eagle Court
30961 Eagle Court
30969 Eagle Court
30970 Eagle Court
30978 Eagle Court
42915 El Domino PI
42961 El Domino Pi
42976 El Domino PI
42946 El Domino PI
42943 El Domino PI
42990 El Domino PI
43675 El Faro PI
43688 El Faro PI
43932 El Lucero PI
31004 El Osito Ct
31005 El Osito Ct
31008 El Osito Ct
31009 El Osito Ct
31012 El Osito Ct
31013 El Osito Ct
31014 El Osito Ct
31017 El Osito Ct
31106 El Torito Ct
31124 El Torito Ct
Box 32
Page 1 of 2
31121 El Torito Ct
31109 El Torito Ct
31110 El Torito Ct
31113 El Torito Ct
31114 El Torito Ct
31117 El Torito Ct
31118 El Torito Ct
31125 El Torito Ct
31126 El Torito Ct
31129 El Torito Ct
31130 El Torito Ct
31202 Enfield Ln
31214 Enfield Ln
31239 Enfield Ln
31277 Enfield Ln
31309 Enfield Ln
31310 Enfield Ln
31331 Enfield Ln
31353 Enfield Ln
31397 Enfield Ln
31419 Enfield Ln
31431 Enfield Ln
31465 Enfleld Ln
31490 Enfleld Ln
31547 Enfield Ln
31575 Enfield Ln
40102 Elgin Ct
42103 Elgin Ct
42110 Elgin Ct
42111 Elgin Ct
42118 Elgin Ct
42119 Elgin Ct
42124 Elgin Ct
43910 El Lucero PI
43551 Elinda
43537 Elinda
31210 Eona Ct
31234 Eona Cr
31248 Eona Cr
27177 Equity Dr
45355 Escalante Court
45356 Escalante Court
45359 Escalante Ct
45360 Escalante Ct
45363 Escalante Ct
45364 Escalante Ct
45367 Escalante Ct
25368 Escalante Ct
45371 Escalante Ct
45372 Escalante Ct
45375 Escalante Ct
45376 Escalante Ct
45379 Escalante Ct
45380 Escalante Ct
45383 Escalante Ct
45384 Escalante Ct
42614 Escolacata Ct
45288 Esmerado Ct
45271 Esmerado Ct
45280 Esmerado Ct
45290 Esplendor Ct
45299 Esmerado Ct
45323 Esmerado Ct
45324 Esmerado Ct
45338 Esmerado Ct
27051 Falling Creek Ct
27091 Falling Creek Ct
43394 Fassano Ct
43395 Fassano Ct
43399 Fassano Ct
43400 Fassano Ct
43405 Fassano Ct
43408 Fassano Ct
43413 Fassano Ct
43414 Fassano Ct
43417 Fassano Ct
43419 Fassano Ct
43420 Fassano Ct
43421 Fassano Ct
43426 Fassano Ct
43429 Fassano Ct
43432 Fassano Ct
43433 Fassano Ct
43436 Fassano Ct
43437 Fassano Ct
43444 Fassano Ct
43445 Fassano Ct
43454 Fassano Ct
43455 Fassano Ct
43464 Fassano Ct
43474 Fassano Ct
43484 Fassano Ct
32369 Favara Dr
32381 Favara Dr
32395 Favara Dr
32409 Favara Dr
32423 Favara Dr
32437 Favara Dr
32451 Favara Dr
32565 Favara Dr
30600 Feather Ct
30605 Feather Ct
30610 Feather Ct
30615 Feather Ct
30625 Feather Ct
30635 Feather Ct
30645 Feather Ct
30655 Feather Ct
30660 Feather Ct
30665 Feather Ct
30670 Feather Ct
30675 Feather Ct
30680 Feather Ct
30690 Feather Ct
30695 Feather Ct
30700 Feather Ct
31225 Felicita Rd
31248 Felicita Rd
31265 Felicita Rd
31251 Felicita Rd
31268 Felicita Rd
31280 Felicita Rd
Box 32
Page 2 of 2
Box 33
29643 Ramsey Ct
29704 Ramsey Ct
28900 Rancho California Rd
29345 Rancho California Rd
29640 Rancho California Rd
29700 Rancho California Rd
29738 Rancho California Rd
29740 Rancho California Rd
29750 Rancho California Rd
30907 Riverton Ln
30937 Riverton Ln
31012 Riverton Ln
31171 Saho Ct
41343 Salt River
43370 San Fermin PI
43505 San Fermin PI
32707 San Marco Dr
32707 San Marco Dr
32727 San Marco Dr
30643 San Pasqual Rd
30145 Santa Cecilia Dr
42878 Santa Suzanne
30052 Santiago Rd
30151 Santiago Rd
31200 Santiago Rd
28559 Pujol St
28555 Pujol St
28552 Pujol St
28565 Pujol St
41126 Promenade Chardonnay
28550 Pujol St
41164 Promenade Chardonnay
41188 Promenade Chardonnay
41276 Promenade Chardonnay
41337 Promenade Chardonnay
29820 Puesta Del Sol
28497 Pujol St
28559 Pujol St
28681 Pujol St
28801 Pujol St
30911 Putter Cr
30996 Putter Cr
45243 Putting Green
27049 Quail Slope Dr
45510 Rainbow canyon
40083 Ram Ct
40083 Ram Ct
43380 Via Barrozo
41762 Via Balderama
32195 Via Cesario
32210 VGa Cesario
30130 Via De La Mesa
29797 Via Las Chacras
31800 Via Levantar
40820 Via Los Altos
44989 Via Lucia
29170 Via Norte
29385 Via Norte
29385 Via Norte
29657 Via Norte
29991 Via Norte
31365 Via Norte
29887 Via Puesta Del Sol
43244 Via Sabino
30049 Via Velez PI
29986 Villa Alturas Dr
41128 Vintage Cr
30530 Wailea Ct
30916 Wedge Wy
Vail Ranch Shopping Ctr a, d, & c
29962 Valle Olvera
29976 Valle OIvera
29715 Valle Verde
41777 Vardon Dr
41929 Vardon Dr
41935 Vardon Dr
41965 Vardon Dr
41968 Vardon Dr
41971 Vardon Dr
41975 Vardon Dr
41977 Vardon Dr
42506 Verdadero Pi
42920 Via Alhama
42960 Via Alhama
42971 Via Alhama
42896 Via Alhama
42904 Via Alhama
30270 Santiago Road
31380 Santiago Road
43821 Sassari St
31438 Santiago Road
31619 SebaStiani Cr
30172 Silver Ridge Ct
41003 Simi Ct
41011 Simi Ct
28765 Single Oak
42043 Southern Hills Dr
42115 Southern Hills Dr
42183 Southern Hills Dr
31073 Spoon Cr
43621 Sunny Meadows Dr
43799 Sunny Meadows Dr
43801 Sunny Meadows Dr
29113 Vallejo
Box 33
Page 1 of I
ITEM 9
APPROVAL ~..o~dT~
CITY ATTORNEY ~
DIRECTOR OF FINANC~
CITY MANAGER ~.~'/'
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Manager/City Council
"~-'~,j~Nilliam G. Hughes, Director of Public Works/City Engineer
January 14, 2003
SUBJECT: French Valley Parkway/I-15 Overcrossing and Interchange Improvements,
Project Report Preparation, Project PW02-11 & French Valley Parkway
Interim Southbound Off-Ramp to Jefferson Avenue - Phase I
Consultant Agreement
PREPARED BY/z~mer Attar, Principal Engineer
- ~)Scott Harvey, Associate Engineer
RECOMMENDATION: That the City Council:
Approve an agreement with Moffatt & Nichol Engineers in an amount not to exceed
$1,091,693.00 to provide the necessary design services needed to prepare a Project
Report (PR) and Environmental Documents (ED) for the French Valley Parkway/I-15
Overcrossing and Interchange Improvements, Project No. PW02-11, and Plans,
Specifications and Estimate (PS&E) for the French Valley Parkway Interim Southbound
Off-Ramp to Jefferson Avenue - Phase I, and authorize the Mayor to execute the
agreement.
Authorize the City Manager to approve Change Orders not to exceed the contingency
amount of $109,169.30, which is equal to 10% of the agreement amount.
BACKGROUND: The constant backup of vehicles on 1-15 at Winchester Road has become
a primary concern for officials from the cities of Temecula and Murrieta, the County of Riverside,
and Caltrans. As a result, these agencies have been exploring ways to construct a future
interchange on Interstate 15 between Winchester Road and the 1-15/I-215 split. Caltrans has
completed the Project Study Report (PSR) for the construction of a future two-quadrant
cloverleaf interchange and freeway overcrossing north of Winchester Road. Identified as the
future "French Valley Parkway Interchange," the project will border the cities of Temecula and
Murrieta. Both cities have identified the Interchange as an important traffic improvement on the
Circulation Element of their respective General Plans. The project represents a multi-
jurisdictional surface transportation improvement that will service regional, interstate and local
transportation needs and will alleviate significant congestion problems on the 1-15 Freeway and
on adjacent roads in each city, as well as the unincorporated areas of Riverside County.
The next step after the PSR in the Caltrans process is to develop a Project Report (PR) for both
Federal and State approvals for the French Valley Parkway/I-15 Overcrossing and Interchange
Improvements. A Request For Qualifications (RFQ) was advertised statewide and was posted
on the City's website. Also, on August 13, 2002, the City and Caltrans conducted a public
Project Presentation in the City of Temecula. Over 40 prospective consultants attended the
presentation. The City received five Statement of Qualifications (SOQ) from the following
consultants:
Firm Name
1. Dokken Engineering
2. Wildan, in partnership with HNTB
3. RBF Consulting
4. Moffatt & Nichol Engineers
5. URS Corporation
Submittin.q Office Location
San Diego
San Diego
Irvine
Ontario
Santa Ana
The City of Temecula, City of Murrieta, and Caltrans reviewed the SOQ's. To evaluate the
consultants further, the reviewers agreed to invite all consultants to interviews and have them
do an informational presentation on the firm, the project team, and their understanding of the
project and the work required.
On October 3, 2002, a seven-member panel consisting of the City of Temecula, City of Murrieta,
and Caltrans' personnel interviewed the five consultants and listened to their presentations.
After the conclusion of the process, the panel ranked the five firms as follows:
1. Moffatt & Nichol Engineers
2. RBF Consulting
3. Dokken Engineering
4, URS Corporation
5. Wildan, in partnership with HNTB
Moffatt & Nichol Engineers was deemed to be the most qualified firm based on the collective
evaluation of their SOQ, presentation, and interview. Moffatt & Nichol is a Southern California
based multi-discipline engineering firm providing a full range of services for transportation
projects. The firm offers specialized expertise in the planning and design of freeways,
interchanges, and highway structures. They have extensive experience and proven success in
completing Project Study Reports (PSR), Project Reports (PR), Environmental Documents (ED)
and Plans, Specifications and Estimates (PS&E) for state highway projects in California for
cities, counties, local agencies, and Caltrans. They are particularly experienced in analyzing
and laying out freeway-to-freeway interchange improvements that are intertwined with adjacent
interchanges approaching the freeway-to-freeway interchange (similar to the condition between
the existing 1-15/I-215 Freeway-to-Freeway Interchange, the new French Valley Parkway
Interchange, and the existing Winchester Road Interchange). Their experience over the past 55
years, since the firm's founding, includes more than 450 highway, interchange and bridge
projects.
Recently, Moffatt & Nichol competed two of the most challenging and complex multi-billion dollar
transportation projects in California - the San Francisco-Oakland Bay Bridge (completed the
design and the project is to be advertised for construction bids later this year) and the Alameda
Corridor (commenced operation in April 2002, completed on schedule and below budget). In
addition, Moffatt & Nichol is the designer for other significant freeway projects in Southern
California - State Route 30 Freeway Segment 3 in San Bernardino County, State Route 73
Widening in Orange County and State Route 90 Extension in Los Angeles County. The firm's
pool of experienced staff is readily available for assignment to the French Valley Parkway/I-15
Interchange Project. Moffat & Nichol have offices in Ontario, San Diego, Santa Aha, Long
R:'~AGENDA R EPO RTS',2003~011403~FrenchValley PR Design Consultant,doc
Beach, Carson, Oakland, San Fraqcisco, and Walnut Creek. City staff checked references on
Moffatt & Nichol with Caltrans and received positive responses.
The first phase for Moffatt & Nichol will be to prepare and complete the Project Report (PR).
This process include field surveys, preliminary engineering (including the study of alternatives);
environmental studies, documentations and approvals, right of way certifications, engineering
plans, estimates, advanced planning studies (APS), a Value Analysis (VA) study and report, a
Modified Access ReportJNew Connection Repod (MAR); public hearing coordination,
participation, and recording; and the daft and final Project Report (PR). The total not to exceed
fee to perform this work is $908,625.00.
As a measure to give immediate relief to southbound traffic just north of Winchester, the
agreement includes an optional task to prepare the design documents, Plans, Specifications
and Estimate, for an interim southbound exit ramp from 1-15 to Jefferson Avenue at the Cherry
Street intersection. Federal and State approvals are required to construct this isolated off-ramp
prior to constructing the entire interchange. Staff will be working diligently with Federal and
State officials to obtain this approval. In the event the approval is secured, the consultant will
work in tandem with the PR process to prepare the construction drawings for this interim
southbound off-ramp.
The not to exceed cost to prepare the Geometric Approval Drawings (GAD's) and final Plans,
Specifications, and Estimates (PS&E) for the design of the French Valley Parkway Interim
Southbound Off-Ramp to Jefferson Avenue - Phase I, is $183,068.00. This brings the total not
to exceed cost of this agreement to $t ,091,693.00.
The step that follows the approval of the PR is to prepare Plans, Specifications, and Estimate
(PS&E) for the construction of the entire French Valley Parkway/I-15 Overcrossing and
Interchange Improvements. The preparation of the PS&E is not a part of this agreement.
However, the agreement allows the City to contract with Moffatt & Nichol to prepare the PS&E
upon the satisfactory completion of the PR and City Council approval. This matter will be
brought back before the City Council for review at a future date.
FISCAL IMPACT: The City of Temecula has identified both the French Valley Parkway/I-15
Overcrossing and Interchange Improvements and the French Valley Parkway Interim
Southbound Off-Ramp to Jefferson Avenue - Phase I within its Capital Improvement Program
for FY2003-2007. Adequate funds are available in Account Nos. 210-165-726-5802 ($750,000),
210-165-719-6§02 ($400,000), and 210-165-719-5801($50,862.30) for the amount of
$1,091,693.00 plus the 10% contingency amount of $109,169.30, for a total contract amount of
$1,200,862.30.
ATTACHMENTS:
1. Project Descriptions
2. Project Locations
3. Professional Services Agreement
R?,AGEN DA REPORTS~0031011403\Frenc~hValley PR Design Consultant.doc
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CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE IMPROVEMEMT,
PROJECT PW02-11
&
FRENCH VALLEY PARKWAY INTERIM SOUTHBOUND OFF-RAMP TO JEFFERSON
AVENUE - PHASE !
THIS AGREEMENT, is made and effective as of January 14, 2003, between the City
of Temecula, a municipal corporation ("City") and Moffatt & Nichol Engineers, ("Consultant"). In
consideration of the mutual covenants and conditions set forth heroin, the parties agroe as follows:
1. TERM. This Agroement shall commence on January 14, 2003, and shall
romain and continue in effect until tasks described heroin aro completed, but in no event later than J
January 14, 2005, unless sooner terminated pursuant to the provisions of this Agroement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, "Tasks to be Preformed and Costs" and Exhibit C, "Statement of Work",
attached heroto 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 Exhibits A and C.
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 heroin. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as aro roquirod of Consultant herounder in meeting its
obligations under this Agroement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of Califomia, the City Council has obtained the general provailing 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 Diroctor of the
Department of Industrial Relations. These rates aro 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 provailing
wage rates to any staff or sub-contractor hirod, and shall pay the adopted provailing 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 provailing
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 million, Ninety-one
Thousand, Six-Hundred and Ninety-three Dollars and No Cents ($1,091,693.00) for the total
term of the Agreement unless additional payment is approved as provided in this Agreement. Also,
the amount of the agreement includes a salary increase to the consultant and sub
consultant's hourly rate, as of January 1, 2004. This increase shall equal the actual salary
increase or 5%, whichever is smaller.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement or $25,000.00, but in no event shall the total sum of the agreement (basic agreement
amount and contingency amount) exceed twenty-five thousand dollars ($25,000.00). Any additional
work in excess of this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all nondisputed fees. If the 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 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 wdtten notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without fudher
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 identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the 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 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
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, "Tasks to be Performed and Costa" and Exhibit C,
"Statement of Work", 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 adsing out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City. As to Consultant's design of the Project and any professional
services related thereto, the Consultant agrees to defend and indemnify indemnities from and
against any and all claims, demands liability for any damages costs including attorney's fees and
costs, to the extent caused by the Consultant's negligence.
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 covedng 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 pedorming 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 projectJlocation 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 Dollars ($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 adsing out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2)
For any claims related to this project, the Consultant's insurance
coverage shall be 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 previsions 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' pdor wdtten 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 Coverage. Consultant shall furnish the City with odginal
endorsements effecting coverage required by this clause. The endorsements ara 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 altemative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage raquirad 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 wdtten
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 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 Cityand to provide City with the opportunityto
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
party under this Agreement must be in wdting 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:
Moffatt & Nichol
415 N. Vineyard Avenue, Suite 200
Ontado, CA 91764
Attention: Dick Chan, Vice President
Phone: (909) 937-0125
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior 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 force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW; DISPUTES.
a. The City and Consultant understand and agree that the laws of the
State of California shall govern the dghts, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement.
b. Any disputes or claims adsing out of or relating to this Agreement shall
be submitted to non-binding mediation prior to the filing of litigation, unless the parties agree
otherwise. The parties shall mutually agree upon a mediator. In the event either party flies litigation
to resolve a dispute under this Agreement, the prevailing party in the litigation shall be entitled to
recover from the other reasonable attorney fees and litigation costs. The "prevailing party" means
the party determined by the court to have most nearly prevailed against the other, even if such party
did not prevail in all matters.
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, dudng 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 Temecuia 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 prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of 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.
21. CHANGES. The City, may at any time by written notification, make changes
in the Scope of Services to be provided hereunder. If such changes result in an increases or a
decrease in Services, the time required for performance thereof, or the compensation therefore, this
Agreement shall be modified accordingly in wdting in order for such changes to be valid. Under no
circumstances shall Consultant provide additional Services or incur expenses for which additional
compensation is to be charged without the express wdtten authorization of the City.
If such change causes an increase or decrease in any compensation or time required for the
performance of any part of the work under this Agreement, the City shall make an equitable
adjustment in the compensation or schedule or both. As a condition precedent to any equitable
adjustment.
The Consultant must noti~ the City in writing of any request for adjustment within twenty (20) days
from the date Consultant receives notice form City of a Change. Failure to agree to any adjustment
shall be a dispute under the Disputes clause of this Agreement. However, Consultant shall proceed
with the work as changed without interruption and without awaiting settlement of any such claim.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Jeffrey E. Stone, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Moffat & Nichol Engineers
415 N. Vineyard Ave., Suite 200
Ontado, CA 91764
(909) 937-0125
Shing-Ching R. than, P.E.
Principal-In-Charge
George R. Hale, P.E., Project Manager
(Signatures of two corporate officers required for Corporations)
EXHIBIT A
TASKS TO BE PERFORMED AND COSTS
]0
December 03, 2002
Mr. Scott Harvey, P.E.
City of Temecula
Public Works Department
43200 Business Park Drive
Temecula, CA 92589
MOFFATT & NICHOL
E N G I N E E R S
RECEIVED
DEC O4 ; 002
CITY OF TEMECULA
ENGINEERING DEPARTMENT
Subj.: French Valley Parkway/I-15 Overcrossing and Interchange Improvements Project, PW02-11 &
French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase 1
02339\C1TY-O2L
Dear Mr. Harvey:
Moffatt & Nichol Engineers has completed the Scope of Work and Cost Proposal for this project and incorporated the
comments you submitted to us in your letter dated November 5, 2002, our meeting of November 12, 2002, and
comments received by email on December 3, 2002. We have taken a hard look at each task required and are
confident that the attached Scope of Work provides only those tasks necessary to complete the Project Report and
Environmental Document (PR Phase) and prepare the PS&E for the Interim French Valley Parkway and Temporary
Southbound Offramp (Interim Design Phase). We are certain that we will deliver to the City a quality product able to
withstand scrutiny, on schedule, and within budget to your complete satisfaction.
A Scope of Work and Cost Proposal has been added to the draft submitted on October 23, 2002, for the design and
preparation of Plans, Specification and Estimates for an Interim French Valley Parkway between 1-15 and Jefferson
Avenue along with a temporary offramp in the southbound direction. This additional work, designated as the Interim
Design Phase, and adjustments to the PR Phase Cost Proposal are summarized as follows:
· PR Phase hours have been reduced from 7,085 to 6,405;
· PR Phase costs have been reduced from $1,064,417 to $908,625;
· Interim Design Phase hours and costs for the Interim French Valley Parkway are estimated to be 576 and
$71,837 respectively; and
· Interim Design Phase hours and costs for the temporary southbound off ramp are estimated to be 873 and
$111,231 respectively.
In preparing the Interim Design Phase Scope of Work and Cost Proposal, we assumed the PS&E would be prepared
following Caltrans standards for the off ramp and City standards for Interim French Valley Parkway. Attached to the
Cost Proposal is the list of drawings used to prepare the estimate for each facility.
We look forward to starting this exciting and challenging project with the City of Temecula. Please feel free to call us
should you have questions or concerns regarding the Scope of Work or Cost Proposal.
Sincerely,
Shin h~n R ' an,~P.E ~
Moffatt & Nichol Engineers
Enclosure (2)
415 North Vineyard Avenue, Suite 200, Ontario, California 91764 (909) 937-0125 FAX (909) 937-0199
French Valley Parkway/1-15 Overcrossing and
Interchange Improvements, Project PW02-11 & French
Valley Parkway Interim Southbound Off-Ramp to
Jefferson Avenue - Phase I
Cost Proposal for Project Report (PR) and Interim
Southbound Off-Ramp
TABLE OF CONTENTS ............................................................................................................................. I
FRENCH VALLEY PARKWAY/1-15 OVERCROSSING AND INTERCHANGE
IMPROVEMENTS, PROJECT PW02-11 & FRENCH VALLEY PARKWAY INTERIM
SOUTHBOUND OFF-RAMP TO JEFI~'ERSON AVENUE - PHASE I ................................................. 1
COST PROPOSAL FOR PROJECT REPORT (PR) AND INTERIM SOUTHBOUND OFF.RAMP 1
SCOPE OF WORK ...................................................................................................................................... I
1. GENERAL .......................................................................................................................................... 1
1.1. Work Phases ................................................................................................................................ 2
1.2. General Conditions and Requirements ........................................................................................ 2
2. REQUIRED SERVICES PERFORMED BY CONSULTANT FOR THE PR PH,~SE .......................................... 4
2.1. New Connection Report/Mndifed Access Report ........................................................................ 4
2.2. Traffic .......................................................................................................................................... 4
2.3. Surveys ........................................................................................................................................ 6
2.4. Geotechaical lnvestigation and Materials Report ....................................................................... 7
2.5. Preliminary Drainage Srudy, Brldge Hydraullcs, and Scour Analysis Report ............................ 8
2.6. PreliminaryUtilityBaseMapandCoordination ........................................................................ 9
2.7. Roadway and Structural Design ................................................................................................ 10
2.8. MITIGATED NEGATIVE DECLARATION/ENVIRONMENTAL ASSESSMENT ...................... 10
2.9. Project Report ........................................................................................................................... 22
2.10. Public Outreach ................................................................................................................... 24
2.11. Work Deferred into Other Phases, Nor Required, or Provided by Others ............................ 25
3. REQUIRED SERVICES PERFORMED BY CONSULTANT FOR THE INTERIM DESIGN PHASE ................... 26
3.1. Sur~eysandMapping ................................................................................................................ 26
$.2. Geotechnical lnvestigalion and Materials Report ..................................................................... 27
$.$. Utility Coordination and Plans ................................................................................................. 25
3.4. Roadway Desigr, ....................................................................................................................... 29
$.5. Structural Design ...................................................................................................................... 35
3.6. Drainage ................................................................................................................................... 33
3.7. Construction Bid Support .......................................................................................................... $4
$.8. Construction Support ................................................................................................................ 34
Scope of Work
1. General
The CONSULTANT shall pedorm professional and technical engineering and environmental
services to prepare professional engineering plans, estimates, environmental studies, advanced
planning studies (AP$), a value analysis study and report, the preparation of Draft and Final
Project Reports (PR), Modified Access Report/New Connection Report (MAR), and may be
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required to prepare the Plans, Specifications, and Estimates (PS&E) for the project as described
below. Final design support services to prepare the PS&E, referenced as "Final Design Phase"
below, is considered as additional work; the scope and fee for which is to be determined at a later
date as an amendment to this Agreement.
1.1. Work Phases
Work under this contract is divided into phases as follows:
1.1.1. PR Phase: Consists of the preparation of field surveys; technical studies;
designs; reports and documents for the project approval and environmental
clearance for the Project; Preliminary Engineering (including the study of
alternatives); environmental technical studies; a Value Analysis study and report;
Modified Access Report/New Connection Report; Draft and Final Project Reports;
and public hearing coordination, participation and record.
An Initial Study/Environmental Assessment (IS/F.A) will be prepared for the Project.
It is expected that the results of the IS/EA will lead to a Negative Declaration (ND)
and Finding of No Significant Impact (FONSI) per CEQA and NEPA requirements
as implemented through Caltrens and FHWA regulations.
1.1.2. Interim Design Phase: Consists of the preparation of Geometric Approval
Drawings (GAD's) and final design for the 1-15 southbound (SB) access to French
Valley Parkway and French Valley Parkway between 1-15 and Jefferson Avenue.
Northbound access to French Valley Parkway from 1-15 and access from French
Valley Parkway to I-15 in both the north and southbound directions are deferred to
the Final Design Phase. Work includes, but is not limited to; surveys, roadway
geometrics, grading, paving, drainage, structural design, traffic signing, delineation,
signalization, erosion control, and construction traffic control.
1.1.3. Final Design Phase: Consists of the preparation of GAD's and PS&E for the
Project from findings of the PR Phase. Work includes, but is not limited to; surveys,
roadway geometrics, grading, paving, drainage, structural design, traffic signing,
delineation, signalization, erosion control, and construction traffic control.
1.2. General Conditions and Requirements
1.2.1. All deliverables will be in metric, except where noted otherwise. CONSULTANT
will utilize the results of the Project Report as the basis for the PS&E.
1.2.2. CONSULTANT will prepare budgets for each task and milestone for the Project.
Such budgets will be entered into CONSULTANTS Management Information
System along with actual costs incurred, and used as a basis for cost monitoring
and control. CONSULTANT will prepare monthly reports of expenditures for the
Project by task and milestone. Expenditures will include direct labor costs, other
direct costs and sub consultant's costs. These reports will be included as
supporting data for invoices presented to the City of Temecula every month.
1.2.3. A PDM logic network and critical path design schedule representing all project
tasks, disciplines and work products will be established utilizing Microsoft Project
Software at the outset of the Project. This effort will ascertain the validity of each
task's time estimate, develop work task relationships, determine the amount of
"float" time throughout the various elements of the Project, and identify those
elements that are critical, or near critical, to expeditious project completion. Within
one (1) month from the Notice to Proceed (NTP), CONSULTANT will provide a
detailed project schedule that indicates milestones, major activities and
deliverables, to the CITY for review and comment. This schedule will reflect
assumed review times necessary by all of the agencies involved. Review of the
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schedule will occur at subsequent PDT meetings. Adjustments will be made, as
necessary, due to changing cimumstances.
1.2.4. Progress reports will be prepared in accordance with City of Temecula
guidelines. Reports will be required monthly and will be accompanied by an
invoice.
1.2.5. CONSULTANT will establish a quality control plan for this Project within two (2)
weeks following NTP.
1.2.6. CONSULTANT shall attend meetings of the Project Development Team (PDT)
established to guide the study. CONSULTANT shall serve as staff to the PDT in
arranging meetings, providing discussion material, and keeping meeting minutes.
PDT meetings will be held monthly to resolve issues and apprise the effected
agencies of progress on the Project.
1.2.7. CONSULTANT shall coordinate public and citizen contacts for the PR Phase of
the Project. CONSULTANT shall arrange and conduct open house meetings and
public hearings. CONSULTANT shall be responsible for providing technical
information, exhibits, and documentation of the meetings and hearings.
CONSULTANT shall prepare and place newspaper advertisements of public
hearings required for the environmental process.
1.2.8. CONSULTANT shall be responsible for reproduction, binding, circulation, and
distribution of all studies, documents, reports, and engineering drawings pursuant to
the requirements of this Statement of Work. At the conclusion of the PR Phase,
eight (8) bound copies of the final Project Report will be provided by CONSULTANT
to the CITY along with one (1) reproducible copy and one (1) electronic copy (in
Microsoft Word software for text, Intergraph Microstation and AutoCAD 2000 for
drawings, and Microsoft Project for schedules.)
1.2.9. All elements of the Project will be considered for Value Engineering studies. To
this end, CONSULTANT will examine the various design elements of the PR Phase
and submit an informal statement to the CITY where it appears that significant
savings can be realized. The statement shall be sufficiently informative to enable
the CITY to determine whether to undertake a detailed Value Assessment study or
initiate immediate design changes.
1.2.10. To ensure understanding of contract objectives, meetings between the CITY and
CONSULTANT will be held as often as deemed necessary by both parties. All work
objectives, the CONSULTANT's work schedule, the terms of the contract, and any
other related issues will be discussed and any issues or problems resolved.
1,2.11. Existing topographic mapping, photos, bridge reports, maintenance reports, right-
of-way maps, 'as-built" plans, record maps and surveys, study reports, assessor's
maps, contract documents, and any other pertinent data will be obtained and
reviewed by CONSULTANT with the assistance of the CITY.
1.2.12. Following the receipt of the NTP, CONSULTANT will submit an Encroachment
Permit application to the City of Temecula, the City of Murrieta and Caltrans to
allow field staff to conduct geotechnical sampling and surveys within the freeway
and city right-of-way. Concurrently, CONSULTANT will identify additional locations
outside the freeway ~ight-of-way where it may be necessary to obtain specific rights
of entry from affected property owners. The listing of the candidate locations will be
furnished to the CITY. The CITY shall obtain rights of entry for private properties.
1.2.13. In the event that non-standard features become apparent dudng the initial
design, CONSULTANT shall prepare the necessary Fact Sheets for Design
Exceptions following Caltrans guidelines.
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2. Required Services Performed by Consultant for the PR Phase
2.1. New Connection Report/Modified Access Report
CONSULTANT will prepare plans showing access control along with final reports, in
conformance with California Transportation Commission (CTC) and Federal Highway
Authority (FHWA) requirements, for the alignment selected to be advanced into the Final
Design Phase of the Project.
2.2. Traffic
The information in the Project Study Report (PSR) prepared by Caltrans will be used in doing
the work in the PR Phase of this project. The following work will form the basis for traffic
studies required for approval of the Project Report (PR):
2.2.1. Early Project Support and Data Collection
CONSULTANT will provide coordination with the Traffic Engineering staff for the City of
Temecula in the form of answering questions and offering general limited assistance on
all traffic engineering aspects of the project through meetings or phone calls. A status
report will be provided when required.
No new traffic d.ata is required for this study. The traffic information in the PSR is
adequate for use in the PR. There are a few locations missing from the PSR exhibits,
however, and it is presumed that Caltrans will be able to provide traffic turning
movements for interchange intersections, where movements are not shown on the PSR
exhibits.
CONSULTANT will review the Iccation and intersections in the field to observe and
inventory roadway geometrics, existing traffic operation, and relevant information during
peak hours,
2.2.2. Traffic Analysis for Project Report
CONSULTANT will prepare a Traffic Analysis and Report for inclusion in a Project Report
and an Environmental Impact Report (EIR). The study will, at a minimum, incorporate the
following:
la) Present existing conditions, including interchange spacing and configuration,
traffic volume data, weaving analysis, levels of service, and accident data.
(b) Forecast future volumes for each project alternative, and calculate 20-year
levels of service for each relevant location for each project alternative.
lc) Evaluate the adequacy of the alternative geometrics.
The Synchm program will be used to prepare a model of operational traffic flows and
evaluation of intersection traffic performance for project alternatives. Weaving analysis
will be evaluated by a method approved by Caltrans. There are numerous ramps and
weaves to be analyzed.
All traffic forecasts will be based upon information in the PSR and provided by Caltrans
and/or the CITY. These forecasts will require minor adjustment to analyze alternative
geometries for the PR.
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2.2.3. Geometric Refinement
CONSULTANT will suggest and review geometric drawings for the proposed
improvement and alternatives from a traffic operations standpoint. This will include a
review of the number of traffic and turn lanes, the length of lanes, weaving conditions and
other geometric features that relate closely to traffic operations.
2.2.4. Cost Estimates
Cost estimates for specialty traffic and electrical work will be provided for all alternatives.
These include, but not limited to, traffic signal installation/modification, ramp meter work,
freeway lighting and sign illumination, signing, pavement delineation, motodst information
and traffic operating systems. The estimates will be included with an appropriate
contingency factor applied.
2.2.5. Traffic Management Plan
A Traffic Management Plan (TMP) will likely be required as a mitigation measure for this
project upon completion of the environmental analysis. A TMP is a study document that
provides information and guidance to help the field Engineer and the Contractor to
minimize traffic impacts of construction.
CONSULTANT will prepare a Draft Traffic Management Plan for the project. The draft
TMP will propose specific measures that will be effective in reducing the impacts of
project construction for mainline and interchange traffic. The study will present the
following objectives:
(a) Brief assessment of existing traffic conditions;
(b) Brief assessment of construction related traffic impact potentials;
(c) Measures that can be implemented to maintain acceptable traffic flow;
(d) Strategies to limit times and circumstances of construction traffic impacts;
and
(e) Strategies to safely and clearly re-route motorists to avoid the construction
area,
The TMP is normally prepared concurrently with the PS&E; however, a preliminary TMP
will be prepared during the PR Phase sufficient to assist with the development of the
alternatives. The TMP will identify off-site mitigation measures that require physical
construction. The cost of construction of these facilities will be identified in the TMP.
2.2.6. Report Preparation
CONSULTANT will provide the traffic study to be used as a basis for the PR. The traffic
study will evaluate existing conditions and future conditions with the proposed project and
any alternatives. The study will present all information prepared including:
(a) Existing traffic conditions;
(b) Project need and purpose;
(c) Future traffic volumes;
(i) Future conditions without the Project;
(ii)Futura conditions with Project alternatives;
(d) Project alternatives;
(i) Analysis of existing and forecasted traffic;
(ii)Alternatives and analysis;
(iii) Evaluation of alternatives;
(iv) Traffic signal warrant analysis for proposed ramps;
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(e) System planning;
(f) Traffic Management Plan;
(g) Recommendations; and
(h) Conclusion.
Futura forecasts will be prepared according to a methodology that is mutually acceptable
to all agencies. The City of Tsmecula will provide CONSULTANT with futura traffic
volumes for use in preparing the traffic report. Justification (warrant studies) for new
traffic signals will be included in this document.
2.2.7. Additional Tasks
Tho project will require numerous Caltrans and FHWA approvals for work in the vicinity of
the freeway intemhange. Additional agencies may also be found to have jurisdiction over
portions of the project. This multi-agency project review will require processing,
furnishing special studies, addressing numerous comments, and resolving conflicting
comments. The following am additional analyses CONSULTANT is prepared to provide:
(a) Traffic Signal Synchronization Studies
(b) Signal Timing Charts and/or Time-Space Diagrams
(c) Multi-Agency Signal Operation
Them should not be any need for additional study and analysis of the items above to a
Project Report. However, due to the longevity of the project, new standards and policies
are likely. Therefore the costs associated with this task are excluded from the
estimated fee and will be billed on a time-and-material basis. Each task above will
require coordination meetings, discussion of need, and identification of forms to be filled
out according to the guidelines established by Caltrans.
The needs for any specific location am not predictable, but CONSULTANT must abide by
these procedures and requirements in processing. It Is not possible to assess the
resource requirements to meet Caltrans needs at this time and should Issues arise
that go beyond the normal scope of a PR traffic study, additional resources will
likely be required.
2.3. Surveys
Surveys and Mapping by CONSULTANT will include horizontal and vertical control for aerial
mapping, drainage review for Project Report, Design Surveys and right-of-way engineering.
2.3.1. Control Survey
(a) Coordinate with City of Temecula, City of Murrieta, and Caltmns.
(b) Receive control data from Caltmns survey department.
(c) Control monument recovery and verification.
(d) Survey Control Monument densification: Establish additional durable control
monuments in the project work ama to be used for all ongoing project survey
control
2.3.2. Aerial Topographical Mapping
CONSULTANT will obtain current aerial mapping in metric format for the Project. The
steps involved in preparing the aedal mapping are the following:
(a) Determine Mapping Limits
(b) Set Ground Control and Pmmarks (using Caltmns Requirements)
(c) Perform Aerial Photogrammetry
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(i) Calibrated cartographic camera with 6-inch total length lens
(ii) Fine grain black and white serial negative film
(iii) Photography will be taken at 1500 feet above mean elevation with
average scale of 1:3000
(iv) Digital topographic map compilation
(v) Map scale of 1:500 with 0.5-meter contour intervals
(vi) Drainage areas of Santa Gertrudis Creek and Warm Springs Creek will
be mapped at a scale of 1:1000 with 1 meter contour intervals
(vii) Final contours will be generated from the DTM
(viii) Map will adhere to Caltrans cartographic standards and project
specificstions
Deliverables:
· Finsl digital mapping files will be in accordsnce with Caltrans specifications and will
be delivered in 3-D MicroStation design (DGN) and DTM files
· Rectified 2D color aerial photo of project area as a TIF image
2.3.3.
(a)
Water Transmission Line Surveys and Mapping
Perform field surveys to locate and tie existing vslves and other sudace
features of the waterline only within the area of the proposed I-15 northbound
off ramp at French Valley Parkway
(b) Perform field surveys to locate and tie surface festures of utilities (sepsrate
from § 2.3.3(a) sbove) recognized as hsving potentisl impsct to the
development of slternstives. Surveys for such festures shall be decided on a
case by case basis by the CITY during the PR Phase of the Project. Costs for
performing this task are not included In the estimsted fee and will be
billed by CONSULTANT on e time end expense basis.
(c) Provide results as overlsy to project mspping
2.3.4.
(a)
(b)
(c)
(d)
Bridge Surveys for 1-15/215 Overcrossing & Winchester Road
Perform field surveys to tie existing bridge clearances
For 1-15/215 ovemrossing, tie all abutments, columns, bents, sofits
For Winchester Road ovemrossing, tie only west end and median abutments,
columns, bents, sofits
Provide results in 3D MicroStation DGN format
2.3.5.
(a)
(b)
(c)
(d)
Right of Way Data Sheets
Prepare a property base map based on County Assessor's Map information
Cost estimates for utility relocations (by others)
Prepare preliminary appraisal for right-of-way and easement acquisitions
Provide Right-of-Way Data Sheet in accordance with Caltrans'
Specifications. A maximum of 50 parcels Is assumed for this effort. This
effort Is not right of way plans thst will be required In the Final Design
Phase and the Interim Design Phase.
2.4. Geotechnical Investigation and Materials Report
The PR/ED normally provides preliminary geotechnical data, which include a summary of
local topography, geology, any data on local active earthquake faults, the maximum credible
earthquake on such faults, depth to groundwater, consequent potential for liquefaction and
any available data that characterize the local soils.
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To collect the geotechnical data for the PR/ED, CONSULTANT will conduct a site visit to
observe the topography and visualize the proposed improvements. CONSULTANT will
review the available Log-of-Test-Borings (LOTB) sheets for nearby structures to determine
soil type and strength, groundwater depth and any unusual subsurface conditions that may
impact the Project.
2.4.1. Preliminary Foundation Report (PFR) for Advanced Pianning
Studies (APS)
Preliminary foundation recommendations will be included in a PFR. Format of this PFR
will follow Caltrans Guidelines for Foundation Investigations and Reports, Version 1.2,
dated June 2002. No new soil bodngs will be performed during the PR Phase and LOTB
sheets from nearby existing structures will be used for the work. One PFR will be
required for each structure APS. Left and right structures with the same bridge number
will be included in one PFR; a total of nine PFR's are assumed.
2.4.2. Aerially Deposited Lead (ADL)
Testing and sampling for aerially deposited lead will be completed as part of the Final
Design Phase.
2.5. Preliminary Drainage Study, Bridge Hydraulics, and Scour
Analysis Report
Review of the flood plain map published by the Federal Emergency Management Agency
(FEMA) reveals that Warm Springs channel does not have the capacity to convey the 100-
year flow rate of approximately 10,200 ifa/sec beneath the freeway and, therefore, shows the
section of the freeway located across the creek to be inundated and contained within the
Zone "A" flood hazard area.
CONSULTANT will prepare an off-site preliminary drainage study in support of the proposed
freeway project. This analysis will utilize the hydrological, hydraulic and drainage design
information contained in the Riverside County Flood Control District's (RCFCD) Murrieta
Creek Master Drainage Plan (Murrieta Creek MPD).
The preliminary drainage study will focus on evaluating the impact to the existing flood plain
or channel water surface elevations and flow velocities for Warm Springs Creek and Santa
Gertrudis Creek due to the proposed freeway improvements. A preliminary floodplain and
design scour report will be prepared in support of the PR work phase. The floodplain study
will be performed using the HEC-RAS computer model. The preliminary design scour
analysis will be performed based upon the U.S. Army Corps of Engineers levee cutoff wall
depth versus flow velocity design chart.
2.5.1. Data Collection and Review (WBS 160.05.30)
CONSULTANT will research and validate that all of the relevant drainage information is
available for use. The information will be reviewed for its usability and an evaluation
whether additional preliminary drainage studies need to be performed will be completed.
2.5.2. Preliminary Flood Plain and Design Scour Report (WBS
160.10.25)
CONSULTANT will prepare a flood plain report in support of the preliminary bridge
design over Warm Springs Creek and Santa Gertrudis Creek. The purpose of this report
is to determine the design parameters for the proposed bridge structures and to evaluate
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the potential impact of those bridges to the existing and established design flood plain
elevations, widths, and flow velocities,
The scope of the study includes the following:
(a) Determination of the design flow rates for Warm Springs Creek and Santa
Gertrudis Creek.
(b) Development of the preliminary flood plain models for the existing (pre-bridge
improvements) and proposed (post-bridge improvements) conditions utilizing
the HEC-RAS computer program. Proposed floodplain studies based upon a
maximum of two (2) Bridge design alternatives for each of the streams will be
prepared. It is anticipated that a flood plain study for a study reach of
approximately 8,000 feet for Warm Springs Creek will be provided. The study
reach for Santa Gertrudis Creek is estimated to be approximately 3,000 feet.
The stream cross sections will be developed using the HEC-RAS Boss
computer model.
(c) Determination of the preliminary design scour for the two streams utilizing the
U.S. Army Corps of Engineers levee cutoff wall depth versus fi(~w velocity
design chart.
(d) Preparation of the flood plain and preliminary design scour report. This
report will include a narrative, backup calculations and exhibits.
2.5.3. Agency Processing (WBS 180.05.05)
CONSULTANT will update the floodplain and preliminary scour report as needed to
obtain City, RCFCD, and Caltrans approval.
2.5. 4. Meetings and Coordination
CONSULTANT estimates approximately 60 hours of meeting and coordination time with
the City of Temecula, Riverside County Flood Control District, and CALTRANS will be
required to provide this work.
2.6. Preliminary Utility Base Map and Coordination
CITY is considered the "Utility Coordinator" for the Project. CONSULTANT will assist the City
of Temecula with meetings and correspondence to the utility companies affected by the
Project. These utility companies include, but are not limited to, the Rancho California Water
District (RCWD), Metropolitan Water District (MWD), the Eastern Municipal Water District
(EMWD), Southern California Gas Company (SCG), Southern California Edison (SCE),
telephone franchises, Riverside County Flood Control & Water Conservation District
(RCFC&WCD), the City of Temecula, the City of Murrieta, Adelphia Cable, Verizon, and
Caltrans. To acknowledge and track the status of notifications and communications with the
numerous utility providers, CONSULTANT will prepare a spreadsheet that will be frequently
updated with current information.
From record utility information provided by the various utility owners, CONSULTANT will
create a utility base map. Existing information will be converted from Imperial to Metric units
of measure for the map.
Potential conflicts between the Project and existing utilities will be identified and potholes to
verify horizontal and vertical field locations will be suggested. Performing the potholes,
however, is reserved for the Final Design Phase and the Interim Design Phase of this
agreement.
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2.7. Roadway and Structural Design
2.7.1. Right of Way Maps
Preliminary right of way requirement maps will be prepared for each alternative to
evaluate respective right of way costs. These maps will include the right of way needed
for the Poject as well as temporary and permanent easements.
2. 7.2. Roadway Coordinate Geometry
Roadway calculations will be performed using COGO PC, InRoads, Geopak, or Road
Calc.
2.7.3. StructuralAnalysis
Structural analysis will be performed using STADTIII, GTSTRUDL, SEISAB, PCBRIDGE,
PCYIELD, PCFOOT, PCBENT, and PCABUT programs. Data files and results will be
submitted to CITY on diskettes along with one (1) paper copy.
2.7.4. Computer Aided Drafting and Design (CADD)
All drawings will be prepared using Intergraph Microstation IGDS format in conformance
with the current edition of the Caltrans CADD Users Manual and Caltrans Drafting and
Plans Manual. CONSULTANT will provide CITY converted Microstation files into
AutoCAD format,
2.8. MITIGATED NEGATIVE DECLARATION/ENVIRONMENTAL
ASSESSMENT
This scope of work assumes a California Environmental Quality Act (CEQA) and National
Environmental Policy Act (NEPA) analysis in the form of an Initial Study (IS)/Mitigated
Negative Declaration (MND) and an Environmental Assessment (EA)/Finding of No
Significant Impact (FONSI).
2.8.1. Environmental Requirements
In accordance with the City of Temecula Request for Proposal (RFP), a scope of work is
included for an IS/MND for compliance with CEQA and an EA and FONSI for compliance
with the NEPA. It is assumed that these will be a joint document receiving concurrent
reviews by the CITY and Caltrans.
The purpose of the CEQA/NEPA environmental documentation is to provide decision
makers with a thorough understanding of the proposed project alternative(s) and the
environmental implications of each. CITY will obtain right-of-entry permits to allow the
necessary technical studies and environmental evaluation to be conducted. Throughout
the sub-tasks that follow, a number of meetings are identified. It is assumed that many of
these will be in the form of Project Development Team meetings.
(a) Perform Environmental Scoping and Select Alternatives for Study (WBS
165.05):
CONSULTANT will meet and coordinate with the City of Temecula to discuss
the project and the proposed scope of work. This coordination effo~l is
proposed to ensure that the CITY concurs with the scope of work, studies to be
completed, and appropriate environmental documentation for the project. This
document also provides the opportunity for the CITY to provide input on the
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anticipated community reaction to the proposed project. If there are available
resource documents related to the proposed project or other projects in close
proximity to the project site, CONSULTANT would need to obtain a copy of
these documents at this meeting. This would include any information on status
of entitlements for the Harveston Specific Plan.
Based on the results of the initial meeting, this scope of work will be modified, if
necessary, and presented to Caltrans at a subsequent meeting. The need for
scoping meetings, and if necessary, meeting format should be discussed at
this meeting. The Project Study Report indicates that there is no known public
opposition to the project. Given the limited extent of the anticipated impacts
and lack of public controversy no public scoping meeting is assumed to be
necessary for this project. The outcome of this meeting will be documented
and CONSULTANT will move forward with preparing the agreed upon analysis.
Deliverable:
· Attendance at two project meetings
· Documentation of communication with responsible agencies
Perform General Environmental Studies (WBS 165.10):
For each technical report, four versions are assumed. This will allow a
preliminary review of the document by the CITY. The comments by the CiTY
will be incorporated prior to submittal of the second version of the report to
Caltrans and the CITY for review. A third version will incorporate Caltrans
comments for their review. A final fourth version of the report is assumed as
an approval version. If additional versions of the reports are required, a
scope amendment will be negotiated. These technical studies will be
summarized in the environmental document. Copies of the final technical
reports will be available for review with the environmental document.
(i) Noise - CONSULTANT will perform an acoustical study for the subject
project that complies with all of the procedures outlined in the "Traffic
Noise Analysis Protocol" developed by Caltrans, and the requirements
outlined in Request for Qualifications No. 002 developed by the City of
Temecula Department of Public Works. The study will entail identifying
noise-sensitive land uses and appropriate noise measurement locations
within the project area. These will be subject to the review and approval of
Caltrans, the City of Temecula, and the City of Murrieta. Concurrent traffic
counts will be obtained with the noise measurements in order to calibrate
the Sound32 computer model to existing conditions. Using the calibrated
model, CONSULTANT will analyze the future noise environment in the
study area without the project. Additional analysis will be undertaken with
the Sound32 model to estimate the future noise environment that will
occur if the alternative interchanges being considered is constructed. If
the future project noise levels exceed the Caltrans noise abatement
criteria, CONSULTANT will analyze alternative methods of mitigating the
impacts. For every soundwall considered in the study, a feasibility and
reasonableness analysis based on Caltrans procedures will be conducted.
A draft report of findings will be submitted for review and comment.
Comments will be addressed in a final report. Throughout the project
CONSULTANT will attend meetings as necessary to support the project.
(ii) Air Quality - CONSULTANT will estimate construction and operational
emissions using South Coast Air Qualify Management District (SCAQMD)
~ Consultation with responsible and trustee agencies will be conducted informally and documented for the
files. Should public opposition develop or other public concern surface, scoping meetings are
recommended. Scoplng meetings and the record of scoplng are an out of scope Item.
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(iii)
1)
2)
emission generation factors. Analyses will be consistent with procedures
and significance thresholds contained in the SCAQMD CEQA Handbook
and Caltrans protocol. Principal impacts will be from construction. Peak
day and quarterly impacts will be identified and mitigation will be proposed
to reduce impacts to less than significant levels. Based on information
developed by the traffic consultant, emissions from changes in regional
and local traffic will be assessed to determine the extent of both negative
and positive impacts on air quality. These changes will be compared to
existing air quality. Mitigation measures will be proposed for any impact
found to be significant. It is understood that the project does include
federal money and, therefore, a conformity statement will be prepared in
compliance with Caltrans and Environmental Protection Agency (EPA)
requirements. Mitigation measures will be identified as necessary.
Preliminary Site Investigation - The objectives of the PR Phase Initial
Site Assessment for the properties proposed herein is to:
evaluate the potential for hazardous materials on the site based upon
readily discemible and/or documented present and historic uses of the
properties and uses immediately adjacent to the sites, and
generally characterize the expected nature of hazardous materials
that may be present as a result of such uses, within the limits imposed
by the scope of the assessment.
These assessments are not intended to provide specific qualitative or
quantitative information as to the actual presence of hazardous materials at
the site, but to merely identify the potential presence based on available
information. The following procedures and methods will be employed in
preparing the assessment:
Title Search - If provided by the City or Caltrans, CONSULTANT will
review chain-of-title documents regarding the real property, including
all deeds, easements, leases, restrictions, and covenants along the
proposed alignment. CONSULTANT will report on any documents that
may indicate a basis for inferring potential contamination of the subject
site by hazardous substances.
Ae~fal Photographs - CONSULTANT will obtain available (no less than
four) historic aedal photographs from governmental or other sources.
The photographs will be reviewed to determine the past use(s) of the
subject site and adjacent properties. A detailed discussion of
identifiable site characteristics including, but not limited to, areas of
dumping, solid waste, surface spills, stained soils or pavement, fill or
other visible signs of potential contamination; the presence of above
ground storage tanks and the presence of associated fill pipes; the
presence of power line transformers, electrical substations or other
electrical equipment; railroad spurs; surface impoundment or holding
ponds; apparent wetlands; and surface water drainage
pattems/stormwater runoff, pits, ponds, or lagoons; and stressed
vegetation, will be provided.
Subject Site - CONSULTANT will observe, inspect, and report on the
subject site. Obviously stressed vegetation, evidence of waste
discharge or collection, fill materials, sink holes, wells, etc, will be
identified. A series of site representative photographs will be taken at
the time of the site visit and included in the assessment.
CONSULTANT will obtain or draft a representative map and/or
schematic to scale of the subject site for inclusion in the assessment.
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It should be noted that the site inspection specifically excludes any
subsurface investigation including, but not limited to, sampling and/or
laboratory analysis.
Adjacent Property - During the site inspection, a preliminary visual
examination of immediately adjacent property conditions
(approximately 0.25 mile from the subject site) and their general nature
will be conducted.
Review of Public Records- Based on an Environmental Data
Resoumes, Inc. (EDR) database search, CONSULTANT will review
the existing federal, state and local agency records regarding known
hazardous material sites/handlers. All identified sites, typically within a
one-mile radius, will be listed within the PR Phase Initial Site
Assessment.
Contacting Agencies - CONSULTANT will mail or deliver a letter to
each appropriate regulatory authority, in the Freedom of Information
Act (FOIA) format if required, to determine whether:
· there has been any notice of violation, cease and desist order,
memorandum of understanding, or injunction issued with respect
to the subject properties;
· the subject properties or any facilities thereon are presently
under investigation for violation of any environmental laws,
regulations, or standards;
· the subject properties are listed on any Environmental Protection
Agency databases, including but not limited to, CERCLIS, RCRA
notifiers, SARA Title Ill, inventory of open dumps, PCB notification
records, or similar State law lists or databases, including but not
limited to, state-permitted landfills, solid waste disposal sites, or
Underground Storage Tank notification records;
· there have been any reported violations or registered complaints,
that the subject properties or any facilities thereon are not in
compliance with environmental laws, regulations, or standards;
and
· there is any other pertinent information relating to the subject
properties or neighboring properties in the files of the regulatory
authority.
2.8.2. Initial Site Assessment Report
CONSULTANT will complete the standard Caltrans ISA Checklist. This will be
supplemented with the findings, conclusions, and recommendations for future work
based on the information obtained from the above research.
Deliverables:
· Six (6) copies of each technical study for City team review (18 total reports)
· Ten (10) copies of each technical study for City and Caltrans review (30 total reports)
· Ten (10) copies of each revised technical study for City and Caltrans review (30 total
repons)
· Five (5) copies of each the approval technical study for City and Caltrans review (15
total reports)
· Six meetings with Caltrans and City staff to discuss technical studies (2 meetings per
report)
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2.8.3. Perform Biological Studies (WBS 165.15)
The same review process assumed for the technical studies would apply to the biological
study.
(a) Biological Assessment~ - A literature review will be conducted to determine
what species have been identified as special status by state, federal, and local
resoumes agencies and organizations and have the potential to occur within
the project site or its immediate vicinity. Soumes to be reviewed include: 1)
special status species lists from the California Department of Fish and Game
(CDFG), U.S. Fish and Wildlife Service (USFWS), and California Native Plant
Society (CNPS); 2) the most recent Federal Register listing package for each
federally listed Endangered or Threatened species potentially occurring within
the project site; 3) the CDFG Annual Report on the status of California's listed
Threatened and Endangered plants and animals; and 4) other biological studies
conducted in the vicinity of the project site.
A description of the existing quality and species composition of the vegetation
types on the project site will be compiled based upon observations and field
notes taken during the survey. Vegetation types identified on the site, including
any special status vegetation types, will be mapped to descdbe their extent and
distribution on the project site. The Project Study Report (PSR) identified that
there were no wetlands within the study area; however, the project does cross
Warm Springs Creek and Santa Gertmdis Creek. CONSULTANT believes that
during review of the environmental document, Caltrans would determine that a
wetlands delineation study would be required. Therefore, this scope assumes
completion of jurisdictional studies for Army Corps of Engineers and California
Department of Fish and Game (task described below).
A general walk-over survey, that will include an assessment of the potential for
special status plant and wildlife species that may be present, will be conducted
tO identify and document existing plant and wildlife use on the project site. This
survey will be conducted simultaneously with vegetation mapping. A
compendia of plant and wildlife species observed during field surveys on the
project site will be developed based on observations from field notes. The
compendia will be included with the documentation for the project site
discussed below. This scope does not Include any directed surveys for
plant or wildlife species, Concurrence on this approach should be
confirmed with Caltrens and the resource agencies early In the process,
so If it Is determined that surveys are required that they can be
programmed to comply with survey protocol (I.e,, If the surveys need to
be done In spring that the window of opportunity Is not missed).
(b) Wetlands - CONSULTANT will perform a jurisdictional delineation to
determine jurisdictional "waters of the United States", including wetlands (if
present), located within the boundaries of the proposed project. It is assumed
that delineation work will be required at Warm Springs Creek and Santa
Gertrudis Creek. The delineation will result in a determination of the ordinary
high water mark(s) (OHWM) within the project site and indicate the existence of
any adjacent wetlands not within the jurisdictional ordinary high water mark.
The actual presence or absence of wetlands onsite will be verified through the
determination of the presence of hydrologic conditions, hydrophytic vegetation,
and hydric soils pursuant to the 1987 Army Corps of Engineers (Corps)
Wetland Delineation Manual.
= The Biological Assessment is a general evaluation of biotic resources and is not to imply a Biotogical
Assessment used to obtain a Biological Opinion used for a Section 7 or lO(a) permit.
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(c)
(d)
Using detailed mapping of the project area, CONSULTANT shall prepare a
jurisdiction delineation map and report detailing the results of the field
delineation. CONSULTANT will provide an assessment of acreage considered
by the ACOE and the CDFG to be jurisdictional "waters of the United States".
Resource Agency Coordination - CONSULTANT shall coordinate an onsita
meeting with the Corps of Engineers, the CDFG, and the Regional Water
Quality Control Board (RWQCB) at the appropriate time to discuss potential
permitting strategies available for the proposed project, including mitigation
expectations. The actual permit applications are assumed to be Included
In the Final Design Phase of the project and have not been included In
this scope of work.
Natural Environmental Study - A Natural Environmental Study (NES),
pursuant to Caltrens guidelines, will be developed based upon the results of the
various biological surveys, analyses, and data compilation described above.
The report will describe: a) the methodology used to conduct the biological
surveys; b) a detailed description of the existing vegetation types and
associated wildlife resoumes identified on the project site; c) potential impacts
from project development; and d) recommended mitigation measures to reduce
identified impacts to less than substantial levels. The consistency and
compatibility of the project with the draft Multi-Species Habitat Conservation
Plan (MSHCP) will be evaluated. This would include an evaluation of policies,
as well as reserve design. Given that the MSHCP is still in draft format, the
processing of an amendment or modification to the plan is not assumed should
a project incompatibility be identified. The results of the NES would be the
basis of the biological resources discussion in the IS/EA.
Deliverables:
· Six (6) copies of the NES for City team review
· Ten (10) copies of the NES for City and Caltrans review
· Ten (10) copies of the revised the NES for City and Caltrans review
· Five (5) copies of each the approval NES for City and Caltrens review (15
total reports)
· Two (2) meetings with the City and Caltrans for review of the NES.
2.8.4. Perform Archaeological Survey (WBS 165.20.05)
The same review process assumed for the technical studies would apply to the
Archaeological Survey,
(a) Area of Potential Effect Maps - CONSULTANT will prepare Project Location
and Project Vicinity maps for Section 106 documentation in Caltrans-
recommended format. CONSULTANT will prepare a scaled engineering
drawing of the proposed project electronically to which the boundaries of the
Area of Potential Effects (APE) and other details may be applied. The APE
Map will be prepared according to specifications in Appendix G of the Caltrans
Section 106 Consultant Guidance Handbook. This task includes one meeting
with Caltrans District 8 staff to ensure compliance with APE Map requirements
and specifications.
(b) Perform Records and Literature Search - CONSULTANT will obtain a full
cultural resources records search from the Eastern Information Center (EIC) at
the University of California, Riverside. The records search will provide
information on previously recorded cultural resources in the project vicinity and
previous cultural resources investigations. The Historic Resource Inventory
(HRI) for Riverside County will also be consulted. The HRI contains listings for
the National Register of Historic Places (NRHP), Califomia Register of Historic
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C:~TEMP~cogc of Work Rcv.doc
(c)
(d)
Resoumes (CRHR), California Historical Landmarks (CHL), and California
Points of Historical Interest (CPHI). The Native American Heritage Commission
(NAHC) will be contacted and asked to check the Sacred Lands File and
provide a list of Native Americans who may have knowledge of resoumes in the
area. Local historical societies, as available, will be contacted regarding
potential historic structures or other resoumes in the project vicinity.
Conduct Field Survey - A field survey of the project study area, as defined by
the APE maps, will be conducted by a qualified amhaeologist.
Amhaeological Survey Report - An Amhaeological Survey Report (ASR) will
be prepared according to the Caltrans Section 106 Consultant Guidance
Handbook. The ASR will describe: 1) the reseamh methods used in compiling
the inventory of amhaeological identified; 2) the existing archaeological
resoumes in the project vicinity; and 3) the potential of the project to impact
amhaeological resoumes. The APE maps will be attached to the ASR.
Negative Findings for the ASR is assumed for this scope of work.
Deliverables:
· Submittal of two (2) sets of draft APE maps for review by the City and
Caltrans
· Submittal of re¥ised APE maps for approval by Caltrans
· Six (6) copies of the ASR for City team review
· Ten (10) copies of the ASR for City and Caltrans review
· Ten (10) copies of the revised the ASR for City and Caltrans review
· Five (5) copies of each the approval ASR for City and Caltrans review
(15 total reports)
· Three meetings with City and Caltrans staff, one meeting for the APE
and two for review of the ASR,
2.8.5. Prepare and Process Cultural Resource Compliance Documents
(WBS 165.20.25)
(a) Prepare Historic Pro~3erty Survey Report - CONSULTANT will prepare a
Historic Property Survey Report (HPSR) according to the Caltrans Section 106
Consultant Guidance Handbook. The HPSR will be prepared by a qualified
amhaeologist and will involve a field survey of the project site. The reports will
describe: 1) the reseamh methods used in compiling the inventory of
archaeological and historic resources identified; 2) the existing archaeological
and historic resources in the project vicinity; and 3) the potential of the project
to impact amhaeological or historic resoumes. The final APE maps wile be
attached to the HPSR. Negative Findings for the HPSR are assumed for this
scope of work. This task includes two meetings with Caltrans District 8 staff to
ensure compliance with Section 106 requirements. No Historical
Architectural Survey Report (HASR) Is deemed necessary because of the
undeveloped and newly developed nature of the atudy area. Should a
closer evaluation of the study area, Identify resources, a scope
amendment would be required.
Any work necessary beyond what Is shown for the above tasks on this
scope of work will be billed on a time and materials basis after prior
approval. At this time, It Is uncertain If an archaeological data recovery
plan or memorandum of agreement with the State Historic Preservation
Officer is required, therefore, these Items are not included in the scope of
work.
Deliverables:
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· Submittal of two (2) sets of final APE maps for review by the City and
Caltrans
· Submittal of revised APE maps for approval by FHWA
· Six (6) copies of the HPSR for City team review
· Ten (10) copies of the HPSR for City and Caltrans review
· Ten (10) copies of the revised the HPSR for City and Caltrans review
· Five (5) copies of each the approval HPSR for City and Caltrans review (15
total reports)
· Two meetings with City and Caltrans staff for review of the HPSR.
2.8.6. Prepare and Approve Draft Environmental Document (WBS
165.25)
(a) Prepare Draft Environmental Document (DED) - In compliance with Section
15063 of the CEQA Guidelines, and with the Caltrans Environmental
Handbook, the IS/EA will contain a description of the project, including the
location of the project; a discussion of the environmental setting; an
identification of environmental effects; and a discussion of mitigation measures.
The discussion of environmental setting will be based on a review of existing
literature and a site visit. The discussion of environmental effects will follow the
State CEQA environmental checklist form unless the CITY or Caltrans requests
another format. In compliance with NEPA, the impacts associated with all
project alternatives will be assessed at the same level of detail. This scope of
work assumes a maximum of three alternatives will be evaluated in the IS/EA.
It is assumed that the three alternatives will be developed from data in the
Project Study Report and through collaboration with the City and Caltrans.
In compliance with the Sundstrom vs. Mendocino case (1988), an explanation
for all checklist answers will be included to provide the City of Temecula and
Caltrans with an understanding of how the IS/FA conclusions were reached.
Mitigation measures will be clearly identified to facilitate the development of the
mitigation monitoring and reporting program. Following is a description of the
work effort for assessing potential environmental effects relative to each topical
issue.
(i) Land Use and Planning - CONSULTANT wilt conduct a site visit to
document existing land uses surrounding the project site and will review
existing planning documents relevant to the project area. It is assumed
that access to the properties within the project study area (Caltrans, as
well as private property) will be coordinated through the CITY.
Environmental documentation previously prepared for the project vicinity
will also be reviewed. A discussion of the project compatibility with
surrounding existing and planned land uses, and consistency with
applicable planning documents, will be provided. Since the project is not
bisecting an established community, no community impact study is
anticipated. Mitigation measures will be provided as necessary.
(ii) Socioeconomics - It is assumed that minimal right-of-way takes will be
required to implement the project and that potentially several structures
would be displaced. Significant socioeconomic impacts would not be
expected because there would be ample opportunity for these uses to
relocate in the area and implementation of standard conditions (i.e.,
relocations assistance) would compensate for the potential losses to the
building owner and business owner. Additionally, there is undeveloped
area that could be built to accommodate these uses, if necessary. The
socioeconomic implications of acquiring the necessary right-of-way will be
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C:\IEMPkScope of Work Rev.doc
discussed under the land use section. There will be a general discussion
of relocation opportunities, however, no separate aocloeconomlc Impact
study or relocation Impact document are assumed In this scope of
work. Should it be determined that the uses to be displaced have unique
characteristics that would make relocation exceptionally difficult, separate
technical studies may be required. Technical studies are also not
anticipated to address growth inducing impacts because the project is
intended to serve existing and planned growth in the study area and
region. Though potentially growth facilitating, the project would not
provide sufficient new capacity to be considered growth inducing. This will
be addressed in the environmental document. No separate technical
report on growth inducement will be provided.
(iii) Geologic Factors - CONSULTANT will summarize geotechnical
information and information available through the General Plan. This
scope of work assumes that the information provided would be sufficient to
address the questions in the CEQA checklist and that mitigation measures
will be identified as necessary.
(iv) Water - CONSULTANT will summarize any available site drainage
information. This scope of work assumes that the information available
will be sufficient to address the questions identified in the CEQA checklist.
(v) Air Quality - CONSULTANT will summarize the technical study prepared
for air quality.
(vi) Transportation/Cimulation - CONSULTANT will summarize data
regarding traffic operations with and without the project. It is assumed that
the technical report would provide sufficient detail for providing a
comparison analysis of each of the alternatives and for conducting the air
quality and noise evaluation.
(vii) Biological Resoumes - CONSULTANT will summarize the NES prepared
for the project.
(viii) Energy and Mineral Resoumes - CONSULTANT will prepare a
qualitative discussion of potential effects related to energy and mineral
resoumes. The energy evaluation would be based on the number of
vehicle miles traveled on a regional basis for each alternative and
reference to level of service. No quantification of energy usage is
assumed The California Department of Mines and Geology data will be
used for the evaluation of mineral resources.
(ix) Hazards - CONSULTANT will summarize the technical study prepared
for hazardous materials. It is assumed that there would not be any design
issues that would result in a hazardous condition. Mitigation will be
described as necessary.
(x) Noise - The noise technical study will be summarized.
(xi) Public Services and Utilities - CONSULTANT will assess potential
impacts to public services and utilities, including the following: police, fire,
water, sewer, schools, electricity, and natural gas. CONSULTANT will
coordinate with utility and service purveyors, as necessary, to complete
this analysis. It is assumed that no impacts will occur to police, fire, and
schools; appropriate documentation will be provided to confirm this
assumption. Mitigation will be provided as necessary.
(xii) Aesthetics - CONSULTANT will assess potential visual changes
resulting from implementation of the project. The analysis will utilize cross
sections and will focus on sensitive viewsheds from nearby residential
Pag~ 18
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(b)
(c)
(xiii)
(xiv)
areas. A Visual Impact Study and simulations are assumed not to be
necessary because of the limited number of view sensitive uses in the
area. The construction of the intemhange would change the visual
character immediately adjacent to the project; however, the overall
character of the study area would not be substantially altered because the
1-15 corridor is such a prominent feature. The approved Harveston
Specific Plan assumed the ultimate construction of the French Valley
Parkway intemhange and has planned land uses accordingly. Mitigation
will be recommended as necessary.
Cultural Resoumes - The ASR and HPSR will be summarized in the
DED.
Recreation - There are no recreational resoumes that would be affected
by the proposed project. This will be documented in the IS/EA, It is
assumed that no analysis pursuant to Section 4(0 of the Department of
Transportation Act will be required for this analysis.
The City of Temecula will review the first or screencheck version of the
document. Following review of the screencheck, a second version (DED) will
be prepared for review by the City of Temecula and Caltrans District 8.
Environmental PEER & Other Review - It is assumed that the Caltrans'
district unit review and the "peer review~ will be done concurrently, rather than
two separate versions of the document. Once comments are received,
revisions to the DED will be made and the document will be sent with the Draft
Project Report to the District Director for cover sheet signature (third version of
the DED). CONSULTANT will revise the document to address the comments
and suggested revisions provided.
Obtain Approval to Circulate - A fourth version of the document is for
submittal to the Federal Highway Administration (FHWA). It is assumed that
the district and region will look at the document concurrently. The fifth and final
version is the approval to circulate version sent to FHWA. It is recognized that
minor comments may be received on this version of the document; however, it
is anticipated that these would be minor edits and transmittal of another version
of the document to FHWA is not required.
Deliverables:
· Attendance at three meeting pertaining to the DED
· Eight (8) copies of the screencheck IS/EA
· Eighteen (18) copies of the DED for Caltrans and the City
· Fifteen (15) copies of the revised DED for Caltrans and the City
· Sixteen (16) copies of the pre-approval DED for FHWA, Caltrans, and the
C~ty
· Twelve (12) copies of the approval DED for FHWA, Caltrans, and the City
2.8. 7. Circulate Draft Environmental Document (WBS 175.05)
(a) Master Distribution List - CONSULTANT will work with the City of Temecula
and Caltrans to develop a distribution list. The distribution list will be submitted
to both the City team and Caltrans for review and comment. Revisions and
additions will be made accordingly.
(b) Notices - CONSULTANT will prepare the Notice of Availability and the Intent
to Adopt a Negative Declaration. The format of the notice will be coordinated
with the City and Caltrans. Often the Notice of Availability also can serve as a
public hearing notice. If it is determined that the notice should be published in a
newspaper of general readership, the publication will be done by the City or
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lc)
Caltrans. If a public meeting during the public review period is held, this is
provided below as one of the public hearings/meetings.
Publish and Cimulate DED - CONSULTANT will be responsible for the
printing and distribution of the IS/EA. It is assumed that a maximum of 80
copies will be distributed to the public, with an additional 40 copies printed for
distribution to the Planning Commission and City Council, city staff, and
Caltrans staff.
Deliverables:
· Five (5) copies of a draft distribution list.
· Three (3) copies of the final distribution list.
· Five (5) copies of a draft Notice of Availability
· Three (3) copies and a master copy of the Notice of Availability.
· Eighty (80) copies of the DED.
2.8.8. Prepare for and Hold Public Hearings (WBS 175.10)
la) Determine Need for Public Hearing Process - CONSULTANT will participate
in discussions with Caltrans and the City of Temecula on the need for a public
hearing during the public review period for the DED. It is assumed that no
public hearing is required, however, it may be desired to meet with a Planning
Commission or City Council workshop. It is assumed that up to three public
meetings will be required. This would allow for a Caltrans workshop during the
project open house, a Planning Commission hearing, and a City Council
meeting.
lb) Public Hearing Logistics - If a separate meeting during the public review
period is requested, CONSULTANT will assist in setting up for the meeting.
Caltrans and City staff will make recommendations on the best location for the
meeting. If the location is not at a City facility, it is assumed that the City or
Caltrens will reserve the space. Additionally, if it is determined that a court
reporter is required to make document the public hearing, CONSULTANT can
make the arrangements; however, the fee for the court reporter Is not
Included In the project budget.
lc) Hold Public Hearings - CONSULTANT would attend the public hearings. It is
assumed that the Principal-in-Charge, the Project Manager and two technical
staff would attend the hearings.
(d) Record of Public Hearing - CONSULTANT would prepare a record of the
public hearing. If a cour~ reporter makes a transcript of the hearing, this would
be an attachment. Other items included in the report would be the sign-in
sheets, photographs of all the display graphics and hand-outs, and a summary
of the issues raised. A draft of the public hearing record would be submitted to
the City and Caltrans for review and comment. Revisions to incorporate
comments would be made. The record of the public hearing would be
incorporated into the final environmental document.
Deliverables:
· Three (3) display graphics
· Ten (10) copies of draft of public hearing hand-out for review by City and
Caltrans
· Five (5) copies of revised public hearing hand-out for approval
· Sixty (60) copies of a public hand-out for public meetings
· Ten (10) copies of draft of public hearing record for review by City and
Caltrans
· Five (5) copies of revised public hearing record for approval
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CATEMPXScope of Work Rev.floc
2.8.9. Respond to Public Comment and Correspondence (WBS 175.15)
Once the MND/EA review period has ended, CONSULTANT will review the comments
received and develop an approach to responding to any comments. Responses to
comments are not required for the MND, but they are recommended to assist the lead
agency in the decision making process. Additionally, they would be required as part of
the preparation of the FONSl for FHWA approval. Topical responses, with a brief
summary of the response and reference back to the larger response, will be used if
multiple comments are received on the same issue. This will allow a more complete
response without undue repetition. The draft responses to comments will be submitted to
the City for review. Any revisions to the responses to comments will be made and the
responses to comments will be submitted to Caltrans for review. A total of 90 hours of
technical staff time, and associated support staff time, are assumed for the
preparation of responses to comments. This provides for 50 hours for tho Initial
responses to comments and a total of 40 hours responding to both the City and
Caltrens comments on the responses (three sets of revisions). Should extensive
comments be received or new technical analysis Is required, a scope amendment
would be required. Additionally, three meetings are assumed through the
response to comments process,
Deliverables:
· Five (5) copies of draft responses to comments for City
· Ten (10) copies of draft responses to comments for City and Caltrans
· Ten (10) copies of the revised draft responses to comments for City and Caltrans
· Three (3) meetings to discuss responses to comments
2.8.10.Prepare Final Environmental Document (WBS 180.10)
(a) Prepare and Approve FED - Once Caltrans has agreed to the approach used
in the responses to comments, the final environmental document will be
prepared. This involves modification to the document cimulated for public
review to incorporate any new information or changes as a result of public
comments. Three versions of the final environmental document are
anticipated. The first would be for a concurrent City and Caltrans review, the
second would be transmitted to FHWA, and the third would be a FHWA
approval document. It is assumed that the Final Environmental Document
would be sent to responsible agencies and commentors on the document.
(b) Notice of Determination - Following adoption of the MND by the City of
Temecula, CONSULTANT will prepare the Notice of Determination (NOD) to be
filed with the County Clerk and the Governor's Office of Planning and
Reseamh. CONSULTANT will coordinate the necessary NOD filings on behalf
of the City; however, any filing fees will be paid directly by the City. A copy of
the NOD will also be sent to Caltrans. Since the project involves a new
connection, the California Transportation Commission will need to take action
on the project, necessitating that the CTC also file a NOD.
(c) Mitigation Monitoring and Reporting Plan - To comply with Public Resources
Code 21081.6, CONSULTANT will prepare a mitigation monitoring and
reporting plan (MMRP) for adoption with the MND. The MMRP is required to
ensure compliance with adopted mitigation requirements during project
implementation. The program will be prepared in matrix format and will provide
the timing and responsibility for each mitigation measure. A draft copy will be
submitted for review by the City of Temecula. Revisions will be made
accordingly. Since this is a CEQA requirement and the City is the lead agency
for CEQA, Caltrens review is not deemed to be necessary.
Dellverebles:
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· Ten (10) copies of revised Final Environmental Document
· Twelve (12) copies of draft Final Environmental Document
· Twelve (12) copies of approval Final Environmental Document
· Forty (40) copies of the Final Environmental Document
· Draft Notice of Determination (2 copies)
· Revised Notice of Determination (2 copies)
· Five copies of the draft MMP (City review)
· Twenty-five (25) copies of the final MMP (staff and decision-makem)
2.9. Project Report
A Project Report (PR) will be developed following Caitrens procedures and criteria outlined in
the Caltrans Project Development Procedures Manual. The Project Report and Project
Approval Report will be submitted to Caltrens and the CITY for review and approvals.
The Project Report will provide project background and address deficiencies and needs. It
will include the alternatives developed in the Project Study Report (PSR) phase, screened for
further study, along with one new alternative developed by CONSULTANT. The PR will
evaluate these alternatives and recommend a preferred alternative to be advanced to PS&E.
2.9.1. Alternatives
CONSULTANT will develop three build alternatives and one no-build alternative.
Advantages and disadvantages will be identified for each alternative.
2.9.2. Drawings
Base plan and profile drawings will be developed from aerial topography sheets.
Preliminary horizontal and vertical roadway alignments for each alternative will be
generated for review by the City of Temecula, the City of Murrieta, and Caltrans.
2.9.3.
(a)
(b)
Preliminary Bridge Design
One Advanced Planning Study (APS) will be prepared for the preferred
alignment at each of up to ten structures. It is anticipated that the ten
structures will include:
(i) Warm Springs Creek Bridge Right (Widen)
(ii) NB On Ramp From Winchester Rd over Santa Gertrudis (Widen)
(iii) SB On Ramp From French Valley Parkway
(iv) Santa Gertrudis Creek Bridge Right
(v) Warm Springs Creek Widen Left
(vi) Winchester Road SB Off Ramp over Santa Gertrudis Creek
(vii) French Valley Parkway O.C.
(viii) French Valley Parkway NB Off Ramp
(ix) Winchester Retaining Walls Left
(x) 1-15 SB French Valley Parkway Off Ramp Retaining Walls (if required)
The existing bridges consist in general of slab bridges supported on driven
pile bents. It is anticipated that the majority of the bridge widenings and creek
crossings may be of similar construction. The main overcrossing (French
Valley Parkway) may be a prestressed concrete box girder bridge. The APS
will determine a feasible type of structure for each site, a preliminary estimate
of probable construction cost, and construction restrictions at each site such as
scour, wildlife corridors and traffic staging.
Each Bridge APS will include the following level of effort:
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(i) Data Collection and Review
(ii) Review of the road plans for the preferred alignment
(iii) Review of the preliminary geotechnical report
(iv) Review of the preliminary hydraulic report
(v) Review of the preliminary environmental document
(vi) Review of the right of way plans
(vii) Review the utility and drainage plans
(viii) Review the as-built plans
(ix) Review the maintenance reports for the existing bridges
(c) Prepare Advance Plan on 11 inch x 17inch format (Caltrans Memo to
Designers 1-8) including:
(i) Structure type
(ii)Structure depth
(iii) Length, width, and type
(iv)Falsework clearance
(v) Falsework openings
(vi)Railings
(vii) Column types
(viii) Foundation
(ix)Aesthetics
(x) Lane widths
(xi)Cut and fill slopes and slope paving
(xii) Retaining walls
(xiii) Bridge removal
(xiv) Approach slabs
(xv)Show potential seismic retrofit
(xvi) Show required maintenance items
(d) Prepare Planning Study Estimate (Caltrans Bridge Design Aids 1 1-4
(e)
(i)
(ii)
(iii)
(iv)
(v)
(i)
(ii)
(iii)
(iv)
Prepare preliminary quantities
Use Caltrans Coded Item List
Use Caltrans Historical Cost Data books for unit prices
Adjust unit prices based on site conditions i.e. widening, stage
construction and restricted construction season. Document all
adjustments to standard unit prices. Separate out maintenance, smsmic
retrofit and barrier upgrade costs.
List all assumptions/limitations on plan
Project Coordination/Quality Control
Design Engineer will attend up to 6 team meetings
Review all advance plans, quantities, estimates, and structure clearance
calculations
Submit Advance Planning Studies
Submit revised Advance Planning Studies and letter of response.
2.9.4. Right of Way
CONSULTANT will develop sketches and exhibits for right of way limits, potential
acquisitions and temporary construction easements required for each alternative. A
rough preliminary estimate of right of way costs will be prepared.
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2.9.5. lnitial Facility Cost Estimate and Schedule
CONSULTANT will prepare an initial rough order magnitude construction cost estimate
and rough schedule for each proposed alternative. The cost estimate will be based only
on the major construction items. A project schedule will be developed for the design and
construction utilizing Microsoft Project for the preferred alternative. The project schedule
will indicate anticipated durations for general task items.
2.9.6. Value Analysis
A value analysis will be undertaken as early as practicable during the development of the
Project Report. This effort will involve review by CONSULTANT senior staff members
along with the CITY, Caltrans and other agency staff.
2.10. Public Outreach
One open house meeting will be held to receive public input. The CITY will provide final
approval on all public information and distribution strategies. All public material for this
project should also be posted to the City's website by the CITY. The following specific
methodology is recommended for implementation of the Outreach Program: Public hearing
should be held only as legally required for completion of the technical work.
2.10. l. Community Data Base
CONSULTANT will research all local contacts and databases to form the outreach
database for this project. Existing contacts with the CITY will provide a starting point,
including elected officials, and key community and business stakeholders. In addition,
the CITY should consider including all property owners within a ~A-mile radius of the
project, The community database will be updated on an ongoing basis and will be
maintained on Microsoft Access (convertible to Microsoft Excel),
2.10.2.0pen House
An Open House is recommended for public input into the French Valley Parkway
Interchange project. The open house should be held at a key project milestone and as
project information has been developed with new information to present to the public. In
support of the open house, CONSULTANT will be responsible for:
(a) Development of open house notice. The public notice will be produced and
distributed to the community database as well as through existing methods,
including City Council, City Commissions, Project Advisory Committees, public
schools, Temecula Chamber of Commeme, local newspaper, and any other
proven methods of communication.
(b) Confirmation and scheduling.of the open house date and time.
(c) Full open house logistical support, including agenda, sign-in desk and staff,
note taking, meeting refreshments, directional signs, open house set-up/break-
down, and follow-up meeting notes.
Deliverable: Community Database
2.10.3.Schedule
CONSULTANT will work in accordance with the overall project schedule for the
completion of the public outreach and participation task. A minimum of six weeks is
required in advance of each public workshop date for maximum public notification and
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outreach support. The first open house meeting will need to be noticed immediately upon
project commencement.
Deliverable:
· Event planning documents
· Notices
· Agenda
· Sign-in sheets, directional signs
· Meeting notes
· Public transcript (for public hearing only)
2.11. Work Deferred into Other Phases, Not Required, or Provided
by Others
The following items of work are assumed to be part of the Final Design Phase with a scope
and fee to be negotiated at a later date, or will be provided by others, or not required for this
Project altogether. Should any of these items need to be made a part of the PR Phase,
scope and fee can be added as a contract addendum.
2.11.1. The Geometric Approval Drawings for the PS&E are deferred to the Final Design
Phase except for that portion of the Project as described in § 3. Reouirod Services
Performed by Consultant for the Interim Desi(3n Phase. below.
2.11.2. This proposal assumes that the published design 100-year flow rates for Warm
springs Creek and Santa Gertrudis Creek of 10,200 ft3/sec and 11,300 ft3/sec,
respectively, are acceptable to the City, RCFCD and Caltrans.
2.11.3. This proposal assumes that no debris production studies and/or debris bulking
analysis will be required.
2.11.4. Detailed design scour analyses for the proposed bridge structures utilizing the
Federal Highway Administration HEC-18 and HEC-20 methodology and the U.S.
Army Corps of Engineers HEC-6 computer program is not a part of this proposal. It
is assumed that this work will be performed under the Final Design Phase - Plans,
Specifications and Estimates work phase.
2.11.5. It is assumed that evaluation for long-term scour will be pertormed under the
Final Design Phase - Plans, Specifications and Estimates work phase. This work is
generally performed using the following design criteria:
(a) Determination of the stream characteristics and flooding history.
(b) Assessment of long-term streambed aggradation and degradation potential.
(C) Analysis of lateral stream stability.
(d) Analysis of local vertical stability.
(e) Determination of general stream response during the design event.
(f) Assessment of hydraulic regime.
(g) Evaluation of bed and bank material.
(h) Analyses of local scour potential.
(i) Assessment of total scour and/or deposition potential.
Specific analytical tools that are available for scour stability are based upon the Federal
Highway Administration Hydraulic Engineering Circular Nos. 18 and 20.
2.11.6. Preparation of the Conditional Letter of Map Revision (CLOMR) report for
submittal to Riverside County Flood Control District and FEMA. It is assumed that
a CLOMR will not be required under the PR Phase - PR work phase.
2.11.7. Preparation of the Letter of Map Revision (LOMR) report for submittal to
Riverside County Flood Control District and FEMA. Approval of the LOMR will
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revise the current FEMA flood plain map based upon the new bridge. It is assumed
that a LOMR will not be required under the PR Phase - PR work phase.
3. Required Services Performed by Consultant for the Interim
Design Phase
3.1. Surveys and Mapping
3.1.1. Design Data Surveys
CONSULTANT will perform field surveys to collect street cross sections at minimum 15
meter intervals from proposed R/W to proposed R/W, and will include all existing
topographic features, and sudace features of utilities (manholes and inlets will be tied
and dipped) within the following limits:
(a) Madison Avenue (proposed cul-de-sac) - 100m
(b) Jefferson Avenue - proposed intersection with the interim Roadway - 200m
3.1.2. Pavement Elevation Surveys
CONSULTANT will perform field surveys to collect outside edge of traveled way (ETW)
elevations at 20 meter intervals and median ETW elevations at 100 meter intervals;
include ties to drainage features, major signs, trees, etc. from outside shoulder to R/W
fence. Aisc includes encroachment permit and traffic control for shoulder closures.
(a) Southbound 1-15 mainline - from 100m north to 100m south of proposed
southbound exit ramp for French Valley Parkway - 300m
Deliverables:
· Final digital mapping files will be in accordance with Caltrans specifications and
will be delivered in 3-D MicroStation design (DGN), DTM and ASCII files in
project datums.
3.1.3. Right of Way Engineering
CONSULTANT will perform land title reseamh and field surveys to locate and map
property boundaries of affected paresis and identify required acquisition parcels from
approved right of way rsquirsment maps. Prepare and file Corner Records for monument
preservation. Work will include:
(a) Research survey record
(b) Obtain title reports (provided by City)
(c) Perform landnet survey
(d) Prepare ties and file monument preservation Corner Records
(e) Perform property boundary analysis
(f) Compute and map acquisition parcels
(g) Prepare Hardcopy Map of affected parcels
(h) Prepare Right of Way Appraisal Maps
(i)Prspare legal descriptions, deeds, Resolution of Necessity
Deliverable:
· Hardcopy map, Right of Way Maps, Acquisition Documents, Record of Survey
CONSULTANT assumes the following:
(a) CITY will provide CONSULTANT with all necessary Title Reports
(b) Nine affected paresis have been assumed for this agreement
(c) One Resolution of Necessity will be required for the Interim Design Phase
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(d) Jefferson Avenue will not be widened as part of the Interim Design Phase
3.2. Geotechnlcal Investigation and Materials Report
3.2.1. Field Investigation
A total of eight borings are proposed to be drilled. Six of the borings will be extended to a
depth of about 2.5 m to collect soil samples for pavement design and the remaining two
borings will be drilled to a maximum depth of about 10 meters to collect samples for both
pavement design and embankment evaluation. A field visit will be performed to
understand the visible site conditions, stake the boring locations and obtain utility
clearance for the boring locations.
The exploratory borings will be drilled using a truck-mounted drill rig equipped with 200-
mm diameter hollow-stem augers. Bulk and relatively undisturbed ring samples will be
collected for laboratory testing. Subsurface soils and conditions will be logged during
drilling. A split-spoon sampler will be used at 1.5-meter intervals (smaller interval near
the ground surface), alternating between a Califomia Drive sampler and a Standard
Penetration Test (SPT) sampler.
3.2.2. Laboratory Testing
The field boring logs will be reviewed and analyzed to select representative bulk and ring
samples for laboratory testing. Results of the laboratory tests will be used for
engineering analyses to develop design and construction recommendations for the
proposed improvements. The following soil tests are anticipated for the proposed project:
· In-situ moisture content and density
· Sieve analysis
· No. 200 Wash
· Maximum density
· Direct Shear
· Corrosivity
· R-Value
Additional tests may be necessary depending on subsurface conditions. Tests will be
conducted in accordance with Caltrans Test Methods or American Society for Testing
and Materials (ASTM) standards.
3.2.3. Geotechnical Analysis
Results obtained from the field investigation and laboratory tests will be used to develop
idealized soil profile(s) and design soil parameters for pavement design and embankment
evaluation. In addition to pavement evaluation, analyses anticipated for the proposed
project include seismicity, liquefaction potential, seismically induced settlement, and
slope stability analyses.
Grading recommendations will bo provided including overexcavation depths, fill
placement requirements, compaction requirements, and trench backfill requirements. If
site soils ara found to be corrosive to structural materials, appropriate remedial
recommendations will be provided.
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3.2.4. Report
A draft Geotechnical Design Report (GDR) providing the findings, conclusions, and
pavement recommendations will be generated. The report will include results obtained
from the field investigation, laboratory test, and engineering analyses. The report will
also contain boring logs. The draft report will be submitted to the CITY and Caltrans for
distribution and nview. Review comments will be incorporated into final report.
The following assumptions have been made for this work:
· No other encroachment permit is required except from Caltmns and there is no permit
fee.
· No investigation of hazardous materials; if hazardous material is encountered during the
field exploration, we will terminate our work immediately and notify you for further
instructions.
· Traffic control is not required and then is no time restriction for drilling.
· Recommendations for both pavement and embankment will be included in the GDR.
Separate Materials Report will not be prepared.
3.3. Utility Coordination and Plans
3.3.1. Coordination
CONSULTANT will assist the CITY with meetings and correspondence to the utility
companies affected by the Project3. CONSULTANT will prepare utility plans, in metric
units, from the utility base map created during the PR Phase4, for the PS&E construction
contract. Potential conflicts will be identified and Utility Conflict Maps prepared showing
those portions of utilities that require potholing. Utility Conflict Maps shall provide the
geometric layout for the Interim Design Phase with the existing utility locations. Each
conflict with the Project will be labeled. Each utility will include a callout giving the owner
and disposition of the line(s).
A narrative description listing each utility that is in conflict with the Project will accompany
the Maps. The description will include the owner and disposition of the utility, the
potential or actual conflict that will occur due to the Project, and a reference for each
conflict to the location on the Conflict Maps.
Each conflict will be potholed to verity horizontal and vertical locations. Since It Is
Impossible to know the extent of this effort at this time, a contract amendment will
be required for utility potholing once conflicts have been identlfted.
3.3.2. Utility Sheets
Utility location sheets showing all known existing utilities within the Interim Design Phase
Project limits, above and below ground, will be made a part of the PS&E. The plans shall
show the disposition of each known utility. The disposition shall include the utility owner,
original location, proposed location, and responsible party for the relocation.
~ See § 2.6 Preliminary Utility Base Map and Coordination for known utility owners potentially affected by
the Project.
4Id.
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3.3.3. Utility Relocation Plans
Utility relocation plans for water and sanitary sewer plans, owned and operated by the
City of Temecula and the City of Murdeta, requiring relocation by this phase of the
Project, will be prepared to the standards required by the owner and made a part of the
PS&E. Plans will be prepared in Caltrans format including Metric units and scale. Dual
units showing Imperial and Metric nomenclature, if required, will be provided. However,
fee for providing Imperial unlta will be negotiated as a contract amendment and no
fee la Included at this time. It Is assumed that the various other utility owners will
perform the respective designs for their utility as may be necessitated by the
Project and no fee is estimated in this agreement. Additional utility relocation
plans, for temporary or permanent work, required of CONSULTANT will be
negotiated with CITY as a contract amendment prior to performing the work.
3.4. Roadway Design
CONSULTANT shall prepare and deliver to CITY all plans, specifications, and estimates for
roadway construction for that portion of westbound French Valley Parkway between I-15 and
Jefferson Avenue (Interim Roadway), southbound off ramp connecting 1-15 to the Interim
Roadway, and those improvements to southbound 1-15 made necessary to accommodate the
Interim Roadway and the off ramp as described. The Interim Roadway shall consist of two
lanes with temporary shoulders and drainage facilities. The off ramp shall consist of a slip
ramp functional as a temporary off ramp yet compatible with the ultimate Project build-out.
The northerly limit of the proposed temporary off ramp is the south side of Warm Spdngs
Creek. The Interim Design Phase improvements shall be compatible with the preferred
alternative in the PR and waste shall be minimized. New or widened bridge structures are
not included in the Interim Design Phase.
3.4.1. Geometric Approval Drawings
CONSULTANT shall prepare geometric drawings of French Valley Parkway, as shown in
the selected alternative within the PR, extending from east of 1-15 to Jefferson Avenue,
along with a temporary southbound 1-15 off ramp. The geometric drawings shall be
compatible with the selected alternative from the PR, including accommodations for the
ultimate intemhange build out. These plans, prepared at a 1:1000 metric scale, will
include typical cross sections and profiles. The design will be established as a
preliminary phase for the full build-out of the preferred alternative. The drawings will
reflect Caltrans standards and criteda for freeway facilities as described in Chapter 200 of
the Caltrans Highway Design Manual and local standards and cdteria for French Valley
Parkway and the new intersection with Jefferson Avenue. The Geometric Approval
Drawings will be submitted to Caltrans and the CITY for review and approval.
Deliverable:
· GAD's
· GAD Checklist
· Design Exception Reports and/or Fact Sheets
· Traffic Analyses
3.4.2. Right of Way Requirement Plan Maps
CONSULTANT will prepare Right of Way Requirement Plan Maps (RE Sheets) from the
Project layout sheets. The limits required for the ultimate roadway operation (the "fee"
area), limits required for related facilities including drainage and utilities (easement
areas), and limits required in excess of the fee and easement areas for construction of
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the Project (temporary construction easements), will be identified in the RE Sheets. In
addition, access control limits will be identified where applicable.
RE Sheets shall reference the layout lines for the freeway and local roads as well as
property lines with station and offset callouts. At a minimum, the Maps shall include:
(a) Layout lines and canterlines of roadways and drainage facilities;
(b) Layout lines of retaining walls and sound walls;
(c) Tops and toes of slopes;
(d) Edge of traveled way, edge of shoulder, curb and gutter, sidewalks, and
other roadway appurtenances; and
(e) Existing bridges.
3.4.3. Plans, Specifications, and Estimates
All plans, specifications, quantity calculations, and estimates shall conform to Caltrans
requirements and shall be made available to the City of Temecula, the City of Murrieta,
and Caltrans for review and approval at stages specified in the Milestone Schedule and
upon request.
(a) All title, index, sections, layouts, profiles, quantities, construction details, and
other related plan sheets shall be provided to the City of Temecula, the City of
Murrieta, and Caltrans on Caltrans 'ffull size" sheets at the 100% submittal only.
CONSULTANT shall also provide 11"x17" reduced copy of the plan sets for all
submittals.
(b) CONSULTANT shall design the roadway sections for French Valley
Parkway, 1-15, and the southbound off ramp from I-15 to French Valley. The
Traffic Index (TI) shall be provided to CONSULTANT by the CITY for French
Valley and by Caltrans for 1-15 and the off ramp for use in designing the
pavement sections. The R-value to be used for the design of the pavement
sections shall be submitted by CONSULTANT to the CITY and Caltrans for
approval prior to final design of the pavement sections.
Life cycle costs and alternative analysis for pavement sections are not
Included In this scope of work and corresponding fee.
(c) CONSULTANT shall update right of way requirement layouts as part of the
roadway design. CONSULTANT shall coordinate with CITY and Caltrans on
changes to right of way requirements.
(d) CONSULTANT shall deliver the following plan packages to the City of
Temecula, the City of Murrieta, and Caltrans. The number of sets of each plan,
estimate or report shall be determined prior to submittal.
(i) 35% Plans
1 ) Title Sheet
2) Typical Cross Sections
3) Key Map & Line Index
4) Layout Plans
5) Profile Plans and Superelevation Diagrams
6) Drainage Plans, Profiles and Details
7) Conceptual Stage Construction Stdp Map
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(ii) 65% Plans
1) Title Sheet
2) Typical Cross Sections
3) Key Map & Line Index
4) Layout Plans
5) Profile Plans and Superelevation Diagrams
6) Construction Details
7) Contour Grading and Drainage Plans, Profiles, Details, and
Quantities
8) Edge Drain Plans and Quantities
9) Utility Plans
10) Traffic Handling Plans and Quantities
11 ) Detour Plans and Quantities
12) Construction Area Signs Plans and Quantities
13) Summary of Quantities Plans
14) Pavement Delineation Plans, Quantities and Details
15) Sign Plans, Quantities and Details
16) Electrical Lighting, Details and Quantities
17) Traffic Signal, Details and Quantities
18) Special Provisions
19) Construction Cost Estimate
20) Permit Applications
21 ) Right of Way, Access Control, and Temporary Construction
Easement Requirements
(iii) 95% Plans
1) Title Sheet
2) Typical Cross Sections
3) Key Map & Line Index
4) Layout Plans
5) Profile Plans and Superelevation Diagrams
6) Construction Details
7) Contour Grading and Drainage Plans, Profiles, Details, and
Quantities
8) Edge Drain Plans and Quantities
9) Utility Plans and Details
10) Traffic Handling Plans and Quantities
11 ) Construction Area Signs Plans and Quantities
12) Summary of Quantities Plans
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(iv)
13) Pavement Delineation Plans, Quantities and Details
14) Sign Plans, Quantities and Details
15) Electrical Lighting, Details and Quantities
16) Traffic Signal, Details and Quantities
17) Special Provisions
18) Construction Cost Estimate
19) Right of Way, Access Control, and Temporary Construction
Easement Requirements
100% Plans
1) Final PS&E (all items listed in § 3.4.3(c)iii, 95% Plans, above)
2) Grid Grades (if required)
3) Quality Control Statement
4) Electronic files as described in § 1.2.8 above
5) Resident Engineer's File
6) Surveyor's File
3.4.4. Traffic Management Plan
CONSULTANT shall provide a traffic management plan that consists of the following:
(a) CONSULTANT shall prepare traffic handling plans that indicate lane
closures, detours and number of available lanes. Included in these plans are
signing and striping.
(b) CONSULTANT shall update the right of way requirements to incorporate
temporary and permanent construction easements.
(c) It is enticlpetad that the Interim Design Phase will be constructed In one
stage and, therefore, stage construction plans are not included in this
phase of the agreement,
3.4.5. Signing Plans
CONSULTANT shall prepare final plans, specifications, and estimates for signing plans
including layouts showing the locations of roadside signs, special sign details, lighting,
and structural or foundation requirements in accordance with applicable standards and
design criteria. Any requirements for electrical service shall be coordinated with the local
electric utility by CONSULTANT.
3.4.6. Pavement Delineation Plans
CONSULTANT shall prepare final plans, specifications, and estimates for pavement
delineation in accordance with applicable standards and design criteria.
3.4.7. Traffic Signal Plans
CONSULTANT shall prepare final plans, specifications, and estimates for traffic
signalization at the intersection of the Interim Roadway and Jefferson Avenue.
CONSULTANT shall determine levels of service, warrants and propose any needed
improvements. The signal design for the Interim Design Phase shall accommodate the
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Interim Roadway and be expandable, minimizing waste, for French Valley Parkway as
described in the selected alternative in the approved PR.
3.4.8. Electrical Plans
Lighting is anticipated at the off ramp and Interim Roadway/Jefferson Avenue
intersection only. CONSULTANT shall prepare final plans, specifications, and estimates
for electrical plans including layouts showing lighting standard and conduit locations,
other lighting appurtenances, and any structural or foundation requirements in
accordance with applicable standards and design criteria.
3.5. Structural Design
Bridge design is not required for the Interim Design Phase as the off ramp and that portion of
French Valley Parkway are proposed to avoid existing bridge structures and river crossings.
3.5.1. Retaining Walls
CONSULTANT shall prepare retaining wall plans needed for the Interim Design Phase
construction. The plans shall include wall location, height, typical sections, log of test
borings, and material and cost estimate calculations. The extent of retaining wall
construction shall be determined during development of the PS&E for the Interim Design
Phase. Since the need for retaining walls cannot be forecasted at this time, estimated
fee for this task Is not Included. Should retaining walls be found necessary for the
Interim Design Phase, a contract amendment will be negotiated prior to performing any
design on this task.
All retaining walls are anticipated to be standard type Caltrans walls found in Caltrans
standard plans. Non-standard walls for this phase of the Project. shall be brought to the
attention of the CITY and Caltrans by CONSULTANT immediately upon discovery.
3.6. Drainage
CONSULTANT is responsible for the design, including hydrologic modifications of on-site
drainage report necessary to provide adequate drainage of the Interim Design Phase
improvements including pavement drainage, runoff generated within the Interim Design
Phase Project area, and interim drainage during construction.
3.6.1. On-Site Hydrology Report
CONSULTANT shall prepare an on-site hydrology report for the Interim Design Phase
portion of the Project. Layout plans identifying the location of existing and proposed
drainage facilities shall be included within the report.
3.6.2. Drainage Report and Plans
CONSULTANT shall perform hydraulic analysis for all the drainage facilities on the
Interim Design Phase portion of the Project. The corresponding drainage report shall be
prepared in metric units and shall incorporate updated hydrology calculations. Where
proposed improvements modify flows to existing drainage facilities within the Interim
Design Phase Project area, the hydraulic analysis report submitted for these facilities will
be modified to reflect the changed conditions.
Drainage plans and profiles of proposed drainage facilities shall be included within the
report. Modifications to existing facilities shall be identified on the plans.
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3.7. Construction Bid Support
Bidding procedures ara the rasponsibility of the CITY. All questions concerning the intent of
design elements raised during that period when the PS&E is being advertised shall be
referred to the CiTY for resolution, in the event that any items requiring interpratation of the
drawings or specifications ara discoverad during the bidding period or bid opening, said items
shall be analyzed by CONSULTANT for decision by the CITY as to the proper rasponse.
Corractive action taken will either be in the form of an addendum prepared by CONSULTANT
and issued by the CITY, or by change order following award of a construction contract.
3.8. Construction Support
Construction support eervlces provided by CONSULTANT are not a part of this
agreement. A contract amendment for construction support will be negotiated once
the PS&E has reached substantial completion and the Project to be constructed Is
defined.
Page 34
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
11
R:~C11~PROSECTS~PWO2~PW02-11 French Valley Parkway Interchange, Project Repor~Consultant agreement M&N wmod 120902.doc
Section 8 - POte Schedule
~ll~lk ~ MOFFATT & NICHOL
RATE SCHEDULE FOR PROFESSIONAL SERVICES
Effective July 1,2002 Until Revised
CLASSIFICATION HOURLY RATES
PROFESSIONALS
TECHNICIANS
Supervisory Engineer/Scientist
Senior Engineer/Scientist
Engineer/Scientist III
Engineer/Scientist II
Engineer/Scientist I
Staff Engineer/Scientist
$ 163.00
$ 152.00
$ 137.00
$ 124.00
$ 105.00
$ 86.00
Senior Technician $ 122.00
Designer $ 115.00
CADD II $ 95.00
CADD I $ 75.00
CLERICAL Word Processing $ 68.00
General Clerical $ 62.00
SPECIAL Principal Engineer/Scientist $ 185.00
Court Appearances $ 250.00
REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement)
Subcontracts or Outside Services Cost +15%
Reproductions
-In House
Mylar Plots (B/W) $2.00/SF
Color Plots $4.00/SF
Vellum Plots (B/W) $1.00/SF
Bond Plots (B/W) $0.50/SF
Drawing Reproduction Cost +15%
Document Reproduction $0. I O/sheet
Travel
-Outside Reproduction
Cost +15%
Company Auto $0.365/mile
Rental Vehicle Cost
Air fare Cost
Meals and Lodging Cost
Katz, Okitsu & Associates
Traffic Engineers and Transportation Planners
General Provisions
Billing Rate Summary
Effective July 1, 2002
Classification Rate
Expert Witness Testimony
Firm Principal
Senior Transportation Engineer
Senior Planner
Senior Signal Timing Analyst
Associate Engineer
Associate Designer/Design Engineer
Associate Planner
Assistant Transportation Engineer
Assistant Transportation Planner
Draf[sman
CAD Technician
Administrative Assistant
Messenger/Intern
$220/hour
$135/hour
$125/hour
$125/hour
$100/hour
$95/hour
$90/hour
$90/hour
$80/hour
$80/hour
$75/hour
$60/hour
$45/hour
$35/hour
Telephone, equipment, and fax are normally included in above hourly costs. Direct expenses including mileage,
printing, blueprinting, commemial CAD plotting, subcomultant expense, issuance of specially endorsed insurance
certificate, and direct costs, are billed at cost plus 5% unless stated otherwise in the proposal. Public meetings and
public hearings are normally excluded from any proposal, but will be billed as extra work at the rates above.
There is a four-hour minimum for nighttime public hearings. There is a three-hour minimum for expert witness
testimony in court or at depositions.
Annual adjustments in these fees of approximately 5% will be request for each 12-month period following
authorization. If the governing Agency prefers a constant hourly cost for a multi-year contract, a 10% increase
from the fees indicated above will be requested.
685 E. Carnegie Drive, Suite 125
San Bernardino, C~4 92408
Tek (909) 890-9693 * Fax: (909) 890-9694 * www. katzokitsu, corn
Inc.
Geo~hnical and Earthquake Eng,~
2002 PROFESSIONAL FEE SCHEDULE
Professionals (per hour) Cost
Principals .................................................................................................................. $175.00
Principal Engineers/Geologists .................................................................................. 148.00
Senior Engineers/Geologists ....................................................................................... 112.00
Project Engineers/Geologists ........................................................................................ 88.00
Staff Engineers/Geologists ............................................................................................ 65.00
Support Staff (per hour)
Senior Technicians .................................................................................................... $ 90.00
Technicians ................................................................................................................... 65.00
Project Administrators .................................................................................................. 65.00
Clerical .......................................................................................................................... 47.00
Ass___ociated Engineers__, !nc.
3311 E. sHELBY STREET, CA 91764-4872
CONSULTING CIVIL ENGINEERS
HOURLY RATES
(Effective 10/5/02)
OFFICE TIME
Principal Registered Civil Engineer / CEO
Principal Registered Civil Engineer
Principal Licensed Land Surveyor
Principal Construction Administrator
Senior Construction Administrator
Civil Engineer
1. Project Manager
2. Senior
3. Associate
Assistant Engineer
Junior Engineer
Utility Coordinator-1
Utility Coordinator-2
Chief of Surveys
Licensed Land Surveyor
Land Survey Technician
Cadd Technician
Engineering Aide
Senior Administrator
Accounting Coordinator
Administrative Assistant
FIELD TIME
4-Man Survey Party
3-Man Survey Party
2-Man Survey Party
1-Man Survey Party
Flagman
Senior Staff Inspector
Staff Inspector
Travel Time - 3-Man Survey Party
Travel Time - 2-Man Survey Party
(909) 980-1982 FAX (909) 941-0891
$140.00 per hour
$130.00 per hour
$130.00 per hour
$130.00 per hour
$115.00 per hour
$110.00 per hour
$100.00 perhour
$90.00 per hour
$85.00 per hour
$72.00 per hour
$80.00 per hour
$75.00 perhour
$80.00 perhour
$98.00 per hour
$72.00 perhour
$66.00 per hour
$48.00 per hour
$90.00 per hour
$48.00 per hour
$38.00 perhour
$260.00 )er hour
$220.00 )er hour
$175.00 )er hour
$130.00 )er hour
$48.00 )er hour
$85.00 )er hour
$65,00 )er hour
$100.00 )er hour
$75.00 )er hour
Above schedule is for straight time only. Overtime requested by client will be at 1-1/2 times the rates shown and
Sundays/Holidays at 3 times the rates shown. These hourly rates do not include printing costs, foes paid to
Governmental agencies or other reimbursable expenses. These expenses are billed at cost + 10%.
Above schedule subject to change based on annual increases to direct labor rates.
Travel time rates will be billed for those hours in excess of 8 hours per day.
LANDSCAPE ARCHITECTS
A CALIFORNIA CORPORATION
2002 FEES
RATE CLASSIFICATION SCHEDULE
HOURLY RATES:
Principal in Charge:
Project Manager:
Irrigation Designer:
Landscape Amhitect:
Senior Staff:
Intermediate Staff:
Administration:
Computer use charges are included.
* Overtime subject to client's authorization.
REIMBURSABLE EXPENSES:
re~ularfees
$115.00
$98.00
$92.00
$87.00
$81.00
$75.00
. $45.00
Plotting $30.00/sheet
Digital Photographs $25.00/disk
Color Printouts $5.00/printout
Photocopies $0.10/sheet
Lazer Plotting $2.00/sheet
Bluelines $2.50/24x36 sheet
3.5" Disks $2.00/disk
Mileage $0.325/mile
CD Rom $5.00/each
These rates remain in effect through December 31, 2002. Project escalation estimate 4% for 2003.
Contract limits all out-of-pocket expenses such as filing fees, printing and reporduction.
Reimbursable expenses are invoiced as direct costs, plus 10%
CONSULTING
2002 FEE SCHEDULE
PROFESSIONAL CLASSIFICATION
HOURLY BILLING RATE
Principal
Biological/Environmental Manager
Senior Planner
Senior Environmental Planner
Senior Ecologist/Restoration Ecologist
GIS Specialist
Senior Biologist
Planner/Assistant Project Manager
Ecologist
Environmental Planner
Project Assistant
Graphic Artist
Administrative Assistant
$130-175
110-130
100-115
90-110
80-110
70-90
80-90
65-80
50-70
60-70
55-65
65-80
55-65
Reimbursable Costs
Mileage
Copying/Reprographics
Delivery/Overnight Mail
Other out-of-pocket expenses
Subconsultants
$ 0.35 per mile
cost plus 10%
cost plus 10%
cost plus 10%
cost plus 10%
151 Kalmus Drive- Suite E-200 Costa Mesa, CA 92626 (714) 444-9199 (714) 444-9599 FAX
AEI.CASC ENGINEERING
HOURLY FEE RATE SCHEDULE
January 1, 2002
The following rates shall apply to services provided on a time-and-materials basis. Rates reflected are
hourly.
CIVIL ENGINEERING AND SURVEYING SERVICES
President/Principal $131.00
Engineering Director 119.00
Senior Project Manager/Project Manager 113.00
Assistant Project Manager/Senior Project Engineer 97.00
Senior Designer/Project Engineer/Calculator/Survey Analyst 90.00
Design Engineer/Designer 86.00
CADD Designer 78.00
Senior CADD Drafter 73.00
CADD Drafter 56.00
Clerical/Miscellaneous Office Work 51.00
Resident Engineer $105.00
Assistant Resident Engineer 97.00
Senior Field Inspector 87.00
Field Inspector 77.00
Planning Director $113.00
Senior Planner 97.00
Planner 85.00
Assistant Planner 74.00
Three Person Survey/GPS Crew $ 205.00
Two Person Survey/GPS Crew 176.00
One Person Survey/GPS Crew 147.00
OIHER SERVICES
Litigation Consultant/Expert Witness $ 288.00
Computer Time 20.00
REIMBURSABLE EXPENSES
The following expenses will be billed at cost plus 15%:
Reproduction Services: Includes blueprinting, copying, printing, and plotting. In-house plots will be billed
at $6.00 per sheet for each client set and for a final in-house review set. The client is welcome to contract
directly with an outside reprographie firm for those services not provided in-house.
Rental Equipment and Fees: Any equipment rental and any fees advanced by our firm including plan check
and filing fees.
Commercial Delivery Services: Including Express Mail, Federal Express, UPS, and independent courier
services.
In-House Pick-Up and Delivery Services: These services provided by our firm will be reimbursed at $34.50
per hour. In addition, mileage will be billed at $0.36 per mile with no markup.
Travel Expenses: Mileage to and from the job site will be billed at a rate of $.36 per mile with no markup and
travel time will be billed at $75.00 per hour, per man, one-way. Airfare will be billed at cost plus 15%.
Per Diem: Per diem for overnight stays will be billed at $127 per day, per man.
Waiver of Subrogation: If the client requires a Waiver of Subrogation the client will be required to pay the
additional insurance premium for this request. The approximate amount for the waiver is $250.00.
NOTE: Invoicing will be submitted on a monthly, progressive cycle.
ARELLANO ~ ~$SOCIL~,TES
A\
Staff Hourly Rate*
Genoveva L. Arellano $130.00
Pr/ncipal
Chester K. Bdtt $110.00
Sen/or Associate
Laura J. Muna-Landa $95,00
Sen/or Associate
Eisa L Argomaniz $75.00
Assodate
Jeannie Chavira $40.00
Adm/n/strat/ve Ass/stant
* ~ndude~ 100% overhead costs.
EXHIBIT C
STATEMENT OF WORK
12
R:ICIP~PRO.rECTS~PW02~PW02-11 French Valley Parkway Interchange, Project Report~Consultant agreement M&N wmod 120902.dcc
STATEMENT OF WORK
TABLE OF CONTENTS
GENERAL ........................................................................................................................................... 1
A. GENERAL DESCRIPTION OF REQUIRED SERVICES ..................................................... 1
B. GENERAL CONDITIONS and REQUIREMENTS ...............................................................2
REQLqRED SERVICES PERFORMED BY CONSULTANT .......................................................... 6
A. MAPPING ................................................................................................................................ 6
B. SURVEYS ................................................................................................................................ 6
C. GEOTECHNICAL INVESTIGATION and MATERIALS REPORT .................................... 9
D. UTlLITY COORDINATION ................................................................................................ 12
E. ROADWAY DESIGN .............................................................................................................. 13
F. STRUCTURAL DESIGN ...................................................................................................... 18
G. NOISE STUDY ........................................................................................................................ 23
H. RETAINING WALLS ........................................................................................................... 24
I. DRAINAGE ........................................................................................................................... 24
J. TRAFFIC ENGINEERING ................................................................................................... 26
CONSTRUCTION BIDDING PHASE ............................................................................................. 27
CONSTRUCTION SUPPORT PHASE ............................................................................................. 28
WORK TO BE PERFORMED BY CALTRANS ............................................................................. 29
WORK TO BE PERFORMED BY THE CITY OF TEMECULA .................................................... 29
APPLICABLE STANDARDS ........................................................................................................... 30
COORDINATION ............................................................................................................................. 33
QUALITY ASSURANCE ................................................................................................................. 34
PROJECT PROGRESS ...................................................................................................................... 35
EXHIBIT "C" i
GENERAL
STATEMENT OF WORK
A. GENERAL DESCRIPTION OF REQUIRED SERVICES
The CONSULTANT shall perform professional and technical engineering and
environmental services to prepare preliminary engineering plans, estimates,
environmental studies, advanced planning studies (APS), a value analysis study and
report, Modified Access Report (MAR) to the FHWA, the preparation of Draft and Final
Project Reports (PR), and Plans, Specifications and Estimates (PS & E) for the Project in
compliance with the requirements set forth in the PSR/PDS, and as described below.
The Project Report and Environmental Documents will be used by the CITY OF
TEMECULA and CALTRANS to secure project approval and environmental clearance
for the Project. The PS & E will be used by the CITY OF TEMECULA and
CALTRANS to advertise, award and administer a construction contract to build the
Project.
1. Project Location, Description and Purpose
Construct a new interchange, which will be located on Interstate 15 from 1.6 km
South of Winchester Road Interchange to 0.30 km North of 1-15/I-215 Junction.
The purpose of the project is to address projected capacity and operational
deficiencies due to increased traffic demand from the accelerated growth and
development that is taking place in surrounding coramunities. A Braided Partial
Cloverleaf Interchange configuration is recommended to separate conflicting traffic
movement.
2. Work Phases
Work to be performed shall consist of two phases:
Phase I: consists of, but is not limited to, the preparation of field surveys; technical
studies, designs, reports and documents for the project approval and environmental
clearance for the Project; Preliminary Engineering (including the study of
alternatives); environmental technical studies; a Value Analysis study and report;
Modified Access Report/New Connection Report (MAR), Draft and Final Project
Reports; and public hearing coordination, participation and record.
An Initial Study/Environmental Assessment (IS/EA) shall be prepared for the
Project. It is expected that the results of the IS,tEA will substantiate the CITY OF
TEMECULA and CALTRANS' determination that will lead to a Negative
Declaration (ND) and Finding of No Significant Impact (FONSI) per CEQA and
NEPA requirements as implemented through CALTRANS and FHWA regulations.
Upon completion of Phase I work, the CITY OF TEMECULA and CALTRANS will
evaluate the Phase I work products, and reserve the right to terminate this
Agreement, or has the option to retain the CONSULTANT to perform work for
EXHIBIT "C" 1
STATEMENT OF WORK
Phase II, identified below, which may consist of a revised scope of work and cost
proposal to accommodate changes made necessary by the results and work products
of Phase I. It is anticipated that Phase li shall begin just prior to or immediately after
the completion and approval of Phase I. Under no circumstances shall the
CONSULTANT proceed with Phase II without the express written approval of
the CITY OF TEMECULA and CALTRANS.
Phase II: consists of, but is not limited to, the preparation of Plans, Specifications
and Estimates (P S & E) for the design of a new interchange and the necessary
improvements, from findings of Phase I. Work includes, but is not limited to
surveys, highway geometrics, grading, paving, drainage, structural design, traffic
signing, delineation, and signalization, erosion control, and construction traffic
control.
B. GENERAL CONDITIONS AND REQUIREMENTS
All deliverables shall be in metric, except where noted. CONSULTANT will utilize
the results of the Project Report and the approved general Geometric Approval
Drawings (GAD's) as the basis for the PS&E. Any changes proposed by the
CONSULTANT shall be brought to the attention of the CITY OF TEMECULA and
CALTRANS.
CONSULTANT shall carry out the instructions as received from the CITY OF
TEMECULA and CALTRANS and shall cooperate with the CITY OF TEMECULA,
CALTRANS, FI-BVA and any other consultants working on the Project.
CONSULTANT shall be a member of, and attend meetings of, the Project
Development Team (PDT) and PDT Subcommittee established to guide the study in
accordance with CALTRANS' Project Development Procedures Manual (PDP).
CONSULTANT shall serve as staff to the PDT in arranging meetings, providing
discussion material, and keeping minutes.
CONSULTANT shall handle public and citizen contacts as needed in conformance
with normal CALTRANS' study procedures. CONSULTANT shall arrange for and
conduct open houses and public hearings. CONSULTANT shall be responsible for
providing technical information, exhibits, documentation of the hearing in
recordings, transcripts of court reporter's notes and reports, and providing reports on
open houses. CONSULTANT shall prepare and place newspaper advertisements of
the public heating, the CITY OF TEMECULA and CALTRANS will review and
approve newspaper advertisements.
CONSULTANT shall hold open houses as needed throughout the preliminary
engineering and environmental document phases of the Project. CONSULTANT
shall hold the first of these meetings within one (1) month of initiation of studies.
Remaining open houses will be conducted as needed. These open houses will be
conducted to identify areas of interest and economic, social and environmental issues
as perceived by the citizens in the area, and shall be held at accessible locations and
at times convenient for the interested parties. CONSULTANT shall notify interested
EXHIBIT "C" 2
go
STATEMENT OF WORK
parties of the open houses through press releases and direct mailing to area property
owners. CONSULTANT will review and obtain approval from the CITY OF
TEMECULA and CALTRANS prior to press releases and the direct mailing.
CONSULTANT may establish direct contact with governmental regulatory and
resource agencies, including, but not limited to: the U.S. Department of Agriculture
Soil Conservation Service; Department of the Interior; Reclamation Boards
(CALTRANS or Federal); U.S. Fish and Wildlife Service; California Fish and Game
Resource Protection; Regional Water Quality Control Board; Department of Health
Services; and U.S. Army Corps of Engineers, for the purpose of obtaining
information, expertise and assistance in developing baseline data and resource
inventories. CONSULTANT shall maintain a record of all such contacts and shall
transmit copies of the contacts and records promptly to the CITY OF TEMECULA
and CALTRANS on regular basis. The CITY OF TEMECULA and CALTRANS
will participate in and/or provide prior approval for any and all intra-agency scoping
meetings, or meetings to assess resource significance, or to discuss or develop
assessment strategies or mitigation proposals. CONSULTANT shall not commit the
CITY OF TEMECULA and CALTRANS to any mitigation measures or mitigation
compensation.
The CITY OF TEMECULA and CALTRANS will retain responsibility for all final
consultation, both formal and informal, with local, CALTRANS and Federal
agencies regarding project mitigation and compensation proposals. CONSULTANT
will be available to provide advice and to participate in such consultations at the
request of the CITY OF TEMECULA and CALTRANS.
CONSULTANT shall be responsible for reproduction, binding, circulation, and
distribution of all studies, documents, reports, and engineering drawings pursuant to
the requirements of this Statement of Work. CONSULTANT shall prepare
newspaper advertisements as required by CALTRANS' environmental process.
°
It is not the intent of the foregoing paragraph to relieve the CONSULTANT of his
professional responsibility during the performance of this contract. In those
instances where the CONSULTANT believes a better design or solution to the
problem is possible, he shall promptly notify the CITY OF TEMECLrLA and
CALTRANS of these concems, together with reasons therefore.
10. CONSULTANT has total responsibility for the accuracy and completeness of the
plans and related designs, specifications and estimates prepared for the Project and
shall check all such material accordingly. CONSULTANT shall independently
check and identify the engineer and checker for all such material prior to any
submittal. The CITY OF TEMECULA and CALTRANS will review the
environmental document for conformity with CALTRANS' environmental
requirements, the California Environmental Quality Act (CEQA), NEPA, PSE
review, and the CITY OF TEMECULA and CALTRANS for conformity with the
Project Report (PR), constructibility, and consistency with adjacent highway
segments. Reviews by the CITY OF TEMECULA and CALTRANS do NOT
include detailed review or checking of the design of major components and related
EXHIBIT "C" 3
STATEMENT OF WORK
details or the accuracy with which such designs are depicted on the plans. The
responsibility for accuracy and completeness of such items remains solely that of the
CONSULTANT. The CONSULTANT or his sub-consultants shall not incorporate
in the design, any materials or equipment of sole source origin without written
approval of the CITY OF TEMECULA and CALTRANS.
Il. The plans, designs, specifications, estimates, calculations, reports and other
documents fumished under this Statement of Work shall be of a quality acceptable to
CALTRANS. The criteria for acceptance shall be a product of neat appearance,
well-organized, technically and grammatically correct, checked and having the
maker and checker identified. The minimum standard of appearance, organization
and content of the drawings shall be that of similar types produced by CALTRANS.
12. A Value Analysis Study shall be performed prior to PA & ED to explore new project
alternatives to be included in the PR
13. The CONSULTANT shall throughout the life of the contract retain within
CONSULTANT's firm, or through qualified sub-consultants, a staff qualified to
perform each of the tasks listed in this RFQ. Any changes to Consultant staff
assigned to this project are subject to approval by the CITY OF TEMECULA and
CALTRANS.
14. The page identifying preparers of engineering reports, the title sheet for
specifications and each sheet of plans, shall bear the professional seal, certificate
number, registration classification, expiration date of the certificate, and signature of
the professional engineer(s) responsible for their preparation.
15. The CONSULTANT shall maintain a set of project files that are indexed in
accordance with CALTRANS' Project Development Uniform File System and hand
over all project files in duplicates to the CITY OF TEMECULA and CALTRANS at
the completion of the project.
16. the CITY OF TEMECULA reserves the right to approve all project scope of services
changes. Any changes resulting from the addition, deletion, or revisions to the
Statement of Work will not be made without prior written approval from the CITY
OF TEMECULA. The CONSULTANT shall not be compensated for making any
changes to the Statement of Work other than those approved in writing by the CITY
OF TEMECULA.
17. CONSULTANT shall provide the services for the Project in close liaison with the
CITY OF TEMECULA and CALTRANS. If CONSULTANT fails to submit the
required deliverables set forth herein, the CITY OF TEMECULA shall have the right
to withhold payment, and/or terminate this agreement.
18. To ensure understanding of contract objectives, meetings between the CITY OF
TEMECULA, CALTRANS and the CONSULTANT will be held as often as deemed
necessm'y. All work objectives, the CONSULTANT's work schedule, the terms of
EXHIBIT "C" 4
STATEMENT OF WORK
the contract and any other related issues will be discussed and any issues or problems
resolved.
19. CONSULTANT shall not suspend performance of this contract during the
negotiations of any change in scope of work except as they may be directed by the
CITY OF TEMECULA and CALTRANS. CONSULTANT shall perform all
changes in accordance with the terms and conditions of this contract.
20. CONSULTANT shall obtain, at its expense, all applicable CALTRANS Manuals
and Standard Plans.
21. In the event that non-standard features become apparent during the initial design,
CONSULTANT shall prepare the necessary Fact Sheets for Design Exceptions
following CALTRANS' guidelines.
22. CONSULTANT shall employ risk management techniques that identify potential
risks and uncertainties related to construction of the Project. Risks that may be
encountered include, but are not limited to, soil conditions, constructibility, factors of
safety, impacts to adjacent properties, public safety, and environmental
considerations. If at any time during the performance of this Statement of Work,
CONSULTANT observes, encounters, or identifies any circumstance that could pose
potential risk, CONSULTANT shall notify the CITY OF TEMECULA and
CALTRANS.
23. CONSULTANT shall comply with OSHA regulations regarding safety equipment
and procedures, safety instructions issued by the CITY OF TEMECULA and
CALTRANS, and the safety provisions included in CALTRANS' Safety Manual.
All personnel of CONSULTANT shall wear white hard hats and orange safety vests
while working on the job site. CONSULTANT shall provide safety training for its
employees.
24. Any existing landscaping that is displaced by the project will be replaced.
CONSULTANT shall incorporate replacement plantings into the PS&E package as
required: CONSULTANT shall inform the CITY OF TEMECULA and
CALTRANS of any impacts to the existing landscaping.
25. Project aesthetics and landscaping shall adhere to the standard details provided by
the CITY OF TEMECULA and CALTRANS.
26. Where CONSULTANT is required to prepare and submit studies, reports, plans, etc.,
to the CITY OF TEMECULA and CALTRANS as required by this Statement of
Work, these shall be submitted in draft as scheduled, and the opportunity provided
for the CITY OF TEMECULA and CALTRANS to direct revisions, prior to final
submission.
27. All studies, plans reports, data, manuals, electronic software developed, databases,
spreadsheets and intellectual properties developed during the life of this contract
shall become the property of the CITY OF TEMECULA and CALTRANS.
EXHIBIT "C" 5
STATEMENT OF WORK
REQUIRED SERVICES PERFORMED BY CONSULTANT
Ae
MAPPING
The CONSULTANT shall obtain and evaluate the available existing improvement,
utility and topographic mapping of the Project area.
The CONSULTANT shall provide additional surveying as necessary to supplement the
available mapping. The topographic mapping shall be prepared in metric units.
CONSULTANT shall also furnish a digital terrain model (dtm) of the area covered by
existing topographic mapping.
SURVEYS
General Requirements
CONSULTANT shall designate a Surveys Manager who will coordinate the
CONSULTANTs surveying operations. The Surveys Manager shall be responsible
for all matters related to the CONSULTANT's surveying operations, but shall work
and coordinate through the CONSULTANT's Project Manager.
Surveys performed by the CONSULTANT shall conform to the requirements of the
Land Surveyors Act and CALTRANS' Surveys Manual. In accordance with the Act,
"responsible charge" for the work shall reside with a pre-January I, 1982, Registered
Civil Engineer or a Licensed Land Surveyor, in the State of Califomia.
CONSULTANT shall perform all surveys, necessary to complete the PS&E.
CONSULTANT shall review the available data and recommend additional design
surveys required for the design of the Project.
Field and office surveys not covered by the current CALTRANS' Surveys Manual
shall be performed in accordance with accepted professional surveying standards
including requirements of current editions of the State of Califomia Professional
Engineer's Act and Professional Land Surveyor's Act. In accordance with the Act,
"responsible charge" for survey services shall reside with a State of California
Licensed Land Surveyor or Registered Civil Engineer (prior to January 1, 1982).
CALTRANS will designate the horizontal and vertical control monuments that are to
be the basis of all CONSULTANT performed surveys. CALTRANS will provide
the California Coordinate System values and/or elevation values for these
monuments.
CALTRANS has designated that the NAD '83 Califomia Coordinate System datum
will be used for horizontal coordinate values.
f. All survey information developed by CONSULTANT shall be in metric units.
g. CONSULTANT shall not be required to perform any Right of Way mapping or
appraisal tasks under this survey scope of work.
EXHIBIT "C" 6
STATEMENT OF WORK
h. CONSULTANT may be required to use methods that have the least impact on the
traveling public.
Permits
CONSULTANT shall obtain applicable encroachment permits prior to beginning any
field investigation. Additionally, if a traffic control plan is required,
CONSULTANT shall prepare the plan. Such documents shall be forwarded to
CALTRANS for review and concurrence prior to beginning any field investigation.
Design Surveys to be performed by CONSULTANT
CONSULTANT shall identify required design surveys and provide a work plan to
the CITY OF TEMECULA and CALTRANS. With CALTRANS' concurrence,
CONSULTANT shall perform design surveys per the work plan. CONSULTANT
surveys may include, but are not limited to, the following:
a. Surveys for detailed design of roadway, retaining walls, bridge, drainage, and
utilities.
b. Survey control for geotechnical investigation, if required.
c. Supplemental surveys for preparation of cross-sections.
Utility Location Surveys
Utility Location Surveys will be furnished by CONSULTANT for existing utilities.
CONSULTANT shall prepare Utility Conflict Maps as identified in Section 335. All
potholing and related survey work shall be performed the CONSULTANT. Pothole
information shall be provided by the CONSULTANT to CALTRANS and the CITY
OF TEMECULA.
Deliverables
The deliverables shall conform to the following:
a. Survey points, lines, and monuments shall be established, marked, identified and
referenced, as required to complete the work and in accordance with the
requirements herein.
b. Survey notes, electronic files, drawings, calculations, and other survey
documents/materials shall be completed as required to complete the work and in
accordance with the requirements herein.
c. Copies, except as otherwise specified herein, of all original survey documents
resulting from this Statement of Work (including original field notes, adjustment
calculations, final results, electronic files and appropriate intermediate
documents) shall be delivered in duplicates to the CITY OF TEMECULA and to
CALTRANS. Said documents shall then become the property of the CITY OF
TEMECULA and CALTRANS. CONSULTANT shall retain the original survey
documents for future reference.
EXHIBIT "C" 7
STATEMENT OF WORK
d. When the survey is performed with a Total Station Survey System, the original
field notes shall be a legible hard copy listing of the data (observations) as
originally collected and submitted by the survey party. CONSULTANT's party
chief shall sign the listing.
e. The final results of all surveys, as required, shall be delivered in duplicates to the
CITY OF TEMECULA and CALTRANS in the format specified below:
Horizontal Control. Alpha/numeric hard copy point listing with adjusted
California Coordinate System northings and eastings and appropriate
descriptions based on NAD '83 datum. (Spacing and density of horizontal
control monuments shall be in accordance with CALTRANS' Surveys
Manual, Chapter 11-02.)
ii.
Vertical Control. Alpha/numeric hard copy benchmark listing with adjusted
elevations on the 1929 NGVD and appropriated descriptions. (Spacing and
density of vertical control monuments shall be in accordance with
CALTRANS' Surveys Manual, Chapter 11-02.)
iii.
Topography. Alpha/numeric hard-copy listing, hard-copy drawings and
electronic files. Additions or modifications to the delivered topographic
mapping and its symbology shall conform to current version of CALTRANS'
Drafting and Plans Manual.
iv.
Terrain. For each cross-section: an alpha/numeric listing, hard-copy
drawing and computerized formatted file that is compatible with
CALTRANS' computerized design systems. Computerized formatted cross-
sections shall be provided on magnetic tapes, cassettes, or disks compatible
with CALTRANS' computer systems.
f. Construction Control Survey Map
i. CONSULTANT shall provide a Construction Control Survey Map for the
Project. The map may include the following items:
· Centerline alignment data for all Project improvements and existing
street centerlines
· Control points identified in plan (horizontal, vertical, horizontal and
vertical, and cadastral monuments)
· Tabulated control point listing with full descriptions
· Tabulated cadastral monument listing with full descriptions
· Horizontal and vertical control bases
· Survey data sources
EXHIBIT "C" 8
STATEMENT OF WORK
ii.
CONSULTANT shall provide a CALTRANS Plane Coordinate Control Data
List. The list shall include all geodetic control data used for the Project,
including geodetic data provided by CALTRANS. The list shall include
station name, latitude, longitude, northing, easting, elevation, etc. If
available, data shall also include a full description of all photo control points
used for topographic mapping within the project.
iii.
CONSULTANT shall provide a CALTRANS Plane Coordinate ASCII point
file for all calculated points. CONSULTANT shall provide full descriptions
of all monuments, set or found.
iv. CONSULTANT shall provide centerline alignment files for all permanent
and temporary features.
Information to be provided by CALTRANS
Metric Control Diagram Maps
C. GEOTECHNICAL INVESTIGATION AND MATERIALS REPORT
General Requirements
a. CONSULTANT shall perform all field exploration required to complete the PS&E.
All field explorations shall meet CALTRANS requirements.
b. CONSULTANT shall provide experienced personnel, equipment, and facilities to
perform soil sampling and testing.
All reports and plans shall bear the Seal of a California Certified Engineering
Geologist or Registered Professional Registration Seal with the signature, license
number and registration certificate expiration date of the geologist or engineer
responsible for the preparation of the report. The geologist or engineer responsible
for the preparation of the reports shall be competent in geotechnical engineering.
In the event the existence of hazardous materials is discovered by CONSULTANT,
CONSULTANT shall be required to immediately notify the CITY OF TEMECULA
and CAI,TRANS.
In case of future construction claims against the CITY OF TEMECULA and/OR
CALTRANS, the CITY OF MURRIETA, CONSULTANT shall be retained by the
CITY OF TEMECULA and CALTRANS to provide expert testimony regarding
CONSULTANT services.
f. All reports shall be prepared in metric units.
1. Permits
a. CONSULTANT shall provide necessary applications for Encroachmem permits
onto the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS
EXHIBIT "C" 9
STATEMENT OF WORK
properties. A Traffic Control plan, when required, shall be delivered to the CITY
OF MURRIETA, the CITY OF TEMECULA, and CALTRANS for review.
b. CONSULTANT shall identify all private property requiting Rights of Entry.
CALTRANS will provide all Ri§hts of Entry for access on private property.
c. CONSULTANT shall obtain all other encroachment permits.
Geotechnical Services to be provided by CONSULTANT
a. Geotechnical Design Report (GDR)
CONSULTANT shall prepare a GDR for the Project in conformance with the
CALTRANS Guidelines for Geotechnical Design Reports. The GDR shall
provide, but is not limited to, the following:
ii. Determination of ground water conditions and impacts on design and
construction.
iii. Determination of subsurface conditions and subsoil properties relating to
settlement.
iv. Determination of impacts of geologic/geotechnical conditions on construction
and recommended mitigation measures.
v. Identification and recommendations for geologic/geotechnical constraints.
v. Analysis for potentially liquefiable or collapsible soils and corresponding
recommendations for design or mitigation measures.
vi. Engineering analyses and calculations required to provide design parameters
for static and pseudo-static analysis for slope stability and settlement.
vii. Site seismicity studies and peak ground acceleration evaluations to provide a
basis for estimating seismic design parameters for use in embankment design.
viii. A listing of soil samples obtained from the field exploration program, which
have been tested in CALTRANS certified laboratories to evaluate the
controlling engineering properties of the encountered sub-soils. Assuming that
the soil samples are free of contamination, laboratory testing may include, but
is not limited to:
Moisture and Density
- Shear Strength
- Expansion Index
- Sand Equivalent
- Soluble Sulfate and Chlorides
R-Value
Maximum Density
Sieve Analysis
Plasticity Index
Resistivity, Ph
Consolidation/Collapse
EXHIBIT "C" I0
STATEMENT OF WORK
b. Materials Report
CONSULTANT shall prepare a materials report for the project. Report shall
comply with Topic 114, "Materials Report" of the Highway Design Manual. The
Materials report should include pavement structural section recommendations or
pavement studies, culverts or drainage materials, corrosion studies, and materials
or disposal sites.
3. Deliverables
a. Field Exploration Map
CONSULTANT shall prepare a map detailing the field exploration plan. The
map shall provide the following:
Location of each proposed boring. Include depth of boring and the proposed
finished surface elevation. Exploratory borings using hollow-stem auger drill
rig or trenches will be performed for evaluation of pavement structural
section and to collect subsurface data for foundation design of the retaining
walls and bridge. Borings will be drilled to collect subsurface data for R-
value testing and foundation design. Backhoe trenches can be used in some
areas in lieu of the soil borings. The maximum boring depth will be about 15
meters below the ground surface.
i. Geometric layout provided from preliminary engineering.
i. Information regarding property owner impacted by each particular boring, if
available.
the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS will
review and approve the field exploration map prior to application for
encroachment permits. All encroachment permits and rights of entry shall be
obtained prior to scheduling of any field explorations.
b. Geotechnical Design Report
CONSULTANT shall submit a draft Geotechnical Design Report in duplicates to
the CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS for
review. Comments from the review will be submitted to CONSULTANT for
incorporation into the final report. The number of copies of each report shall be
determined prior to submittal.
c. Materials Report
d. Foundation Reports
i. The CONSULTANT shall prepare and deliver a Preliminary Foundation
Report with the Advanced Planning Study Submittal and with the Type
Selection Submittal.
EXHIBIT "C" 11
ii.
iii.
iv.
STATEMENT OF WORK
CONSULTANT shall prepare foundation reports and Log of Test Boring
Sheets for the bridge site and, where required, retaining wall locations. This
report shall recommend structure foundation types and footing elevations.
The reports shall include, but not be limited to, information on the design of
embankment foundations, ground water conditions, allowable bearing
capacities, seismic data, and other information needed to evaluate the chosen
foundation.
The reports shall also address anticipated fill settlement and recommended
duration for settlement periods to prevent excessive differential settlement
between the structure and adjacent roadway approaches.
The reports and Log of Test Boring Sheet(s) shall be prepared in accordance
with the CALTRANS' Bridge Design Aids Manual, the Office of Special
Funded Projects (OSFP) Information and Procedure Guide, and CALTRANS'
Guidelines for Foundation Recommendations and Reports.
D. UTILITY COORDINATION
1. General Requirements
CONSULTANT shall prepare utility plan sheets for the PS & E package in
metric units. CONSULTANT shall he responsible for all conversion of utility
record plans from imperial to metric units for incorporation on the utility plan
sheets.
CONSULTANT shall update right of way requirements impacted by the
relocation of utilities, the CITY OF TEMECULA, the CITY OF MURRIETA,
and CALTRANS shall coordinate with utility owners to determine right-of-way
requirements for relocation of utilities.
2. Coordination
The CITY OF TEMECULA shall be considered the "Utility Coordinator" for the
Project. CONSULTANT shall assist the CITY OF TEMECUAL with meetings
and correspondence to the utility companies affected by the Project.
CONSULTANT shall coordinate with the CITY OF TEMECULA to assist in the
proper protection or relocation of affected utilities. Utility owners will prepare
utility relocation plans. CONSULTANT shall provide appropriate Project plans
that may assist the affected utility owner in the development of relocation plans.
CONSULTANT shall review relocation plans prepared by utility owners to
verify compatibility with the Project, as well as other utility plans.
CONSULTANT shall respond in writing to the CITY OF TEMECULA and
CALTRANS either confirming conformance of the relocation plans to the
Project or non-conformance to the Project and reasons therefore.
EXHIBrr "C" 12
STATEMENT OF WORK
3. Utility Plans
CONSULTANT shall update the utility plans to show the disposition of each utility
on the Project. Disposition shall include, but not be limited to, the utility company
name, original location, proposed location, and responsible party for relocation.
4. Deliverables
a. Utility Conflict Maps
CONSULTANT shall submit utility conflict maps in duplicates to the CITY OF
TEMJECULA, the CITY OF MURRIETA and CALTRANS. The maps shall
provide the following:
i. Geometric layout of the Project with the existing utility locations.
i. Highlight and label each utility that conflicts with the Project.
ii. Existing utility callouts shall include the owner and the disposition of the
lines.
iii.
Narrative descriptions shall accompany the utility conflict maps. These
narratives shall list each utility that is in conflict with the Project.
Information shall include, but not be limited to, the following:
Conflict label and drawing reference number for the utility conflict map
on which the utility is highlighted and labeled.
Description, owner, and disposition of the utility.
Description of the potential or actual conflict that will occur due to the
Project.
The utility conflict maps will be used by the CITY OF TEMECULA, the CITY OF
MURRIETA, and CALTRANS to establish which utility companies are affected by
the Project and need to be relocated. CONSULTANT shall identify those portions of
utilities that require potholing. All potholing should be performed by the
CONSULTANT or his qualified subconsultant even if it is out of the existing
CALTRANS right-of-way.
Following the submittal of the utility conflict maps, the CONSULTANT shall inform
the CITY OF TEMECULA and CALTRANS in writing of any changes in the
Project design that alter the utility conflict locations indicated on the maps.
E. ROADWAY DESIGN
1. General Requirements
CONSULTANT shall prepare and deliver to the CITY OF TEMECULA, the CITY
OF MURRIETA, and CALTRANS all plans, specifications, and estimates for
roadway construction. Except where specified herein, all CONSULTANT prepared
EXHIBIT "C" 13
STATEMENT OF WORK
plans, specifications, quantity calculations, and estimates shall be prepared in metric
units.
2. Geometric Approval Drawings
1. General
CONSULTANT shall prepare Geometric Approval Drawings (GADs) for the
Project in accordance with CALTRANS' standards as described in Chapter 200
of the Highway Design Manual. Traffic volumes provided by CALTRANS will
be used as the basis for any traffic analysis.
CONSULTANT shall prepare necessary Design Exception Reports and/or Fact
Sheets if any deviation from mandatory design criteria applies.
2. Deliverables
CONSULTANT shall deliver the following plan packages to the CITY OF
TEMECULA, the CITY OF MURRIETA and CALTRANS. Actual plan
packages, as determined by CALTRANS, may vary in quantity and content per
submittal. The number of sets of each plan, estimate or report shall be
determined prior to submittal.
the CITY OF TEMECULA, the CITY OF MURRIETA, and CALTRANS will
review the plans after each submittal and transmit review comments to
CONSULTANT. A comment review meeting may be scheduled between the
CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS, and
CONSULTANT, where responses to the plan comments will be presented.
The GAD submittal will include the following:
GADs
GAD Checklist
Design Exception Reports and/or Fact Sheets
Traffic Analyses
3. Right-of-Way
1. General
CONSULTANT shall prepare Right-of-Way Requirement Plan Maps utilizing
the Project layout sheets as a basis. CONSULTANT shall identify the limits
required for the ultimate roadway operation of the Project (the "fee" area), limits
required for related facilities such as drainage or utilities (easement areas), and
limits required in excess of the fee and easement areas for construction of the
Project (temporary construction easements). CONSULTANT shall identify
access control limits where applicable.
EXHIB1T "C" 14
EXHIBIT "C"
STATEMENT OF WORK
Requirements shall reference the freeway centerlines (station and offsets) or,
where appropriate, centerlines of local roads or property lines. At minimum, the
background elements on the Maps will include:
i. Station lines and centedines of roadways and drainage facilities.
ii. Layout lines of walls.
iii. Tops and toes of slope.
iv. Edge of travel way, edge of shoulder, curb and gutter, sidewalks, and other
roadway appurtenances.
v. Existing Bridges.
2. Deliverables
CONSULTANT shall deliver the following Right-of-Way Requirement Plan
Maps and coordinate geometry files to a location determined by the CITY OF
TEMECULA and CALTRANS. Actual plans and files, as determined by the
CITY OF TEMECULA and CALTRANS, may vary in quantity and content per
submittal. The number of sets of each plan shall be determined prior to
submittal. All Maps will have appropriate signature blocks for the CALTRANS'
oversight engineer or the CITY OF TEIVIECULA's City Engineer (different from
PS&E), and if necessary, appropriate revision blocks.
The CITY OF TEMECULA and CALTRANS will review the plans after each
submittal and transmit review comments to CONSULTANT. A comment review
meeting may be scheduled between the CITY OF TEMECULA and
CALTRANS, and CONSULTANT, where the responses to the plan comments
will be presented.
R/W requirements are required shortly after GAD approval.
In addition to the Right of Way Requirement Plan the CONSULTANT shall research
and prepare all necessary legal descriptions, plats, maps and any other miscellaneous
services required by any and all agencies to secure all rights of way, temporary
construction easements, slope easements and any other legal instrument necessary to
secure land rights or access for the completion of the entire interchange and each
phase of construction.
4. Plans, Specifications, and Estimates
1. General
All plans, specifications, quantity calculations, and estimates shall conform to
CALTRANS' requirements and shall be made available to the CITY OF
TEMECULA and CALTRANS for review and approval at stages specified in the
Milestone Schedule and upon request.
2. Roadway Design
All title, index, sections, layouts, profiles, quantities, construction details, and
other related plan sheets shall be provided on CALTRANS' standard "full
15
ii.
iii.
iv.
STATEMENT OF WORK
size" sheets for the CITY OF TEMECULA and CALTRANS Office Engineer
review at the 95% submittal. CONSULTANT shall also provide 11" x 17"
reduced copy of the plan sets for all submittals.
The CONSULTANT shall design the roadway structural section. The Traffic
Index (TI) shall be provided to CONSULTANT by the CITY OF
TEMECULA and CALTRANS for use in the design of the roadway structural
section. The R-value to be used for the design of the roadway structural
section shall be submitted by CONSULTANT to the CITY OF TEMECULA
and CALTRANS for approval prior to final design of the structural section.
The design of the roadway structural section shall involve alternative analysis
including estimate of life cycle costs. The design of the structural section shall
be submitted to the CITY OF TEMECULA and CALTRANS for review and
approval.
CONSULTANT shall prepare and update right of way requirement layouts
and files as part of the roadway design. CONSULTANT shall coordinate with
the CITY OF TEMECULA and CALTRANS Right-of-Way Engineering on
changes to fight-of-way requirements.
CONSULTANT shall prepare a Project Narrative, which provides a general
overview of the Project. CONSULTANT shall also discuss significant design
features and/or design exceptions related to the Project.
Before beginning the structural design, the CONSULTANT shall prepare and
deliver 2 copies of the completed Bridge Site Data Submittal Package for each
structure to the CITY OF TEMECULA, the CITY OF MURRIETA and the
CALTRANS District Project Manager. The Bridge Site Data Submittal forms
are available on the OSFP Web Site and information regarding the Bridge Site
Data Submittal can be found in OSFP Information & Procedures Guide. The
District Project Manager will review and comment within 4 weeks of receiving
the submittal. Final concurrence will occur after resolution of any comments.
3. Deliverables
CONSULTANT shall deliver the following plan packages to a location
determined by the CITY OF TEMECULA, the CITY OF MURRIETA and
CALTRANS. Actual plan packages, as determined by the CITY OF
TEMECULA, the CITY OF MURRIETA and CALTRANS, may vary in
quantity and content per submittal. The number of sets of each plan, estimate or
report shall be determined prior to submittal.
The CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS will
review the plans after each submittal and transmit review comments to
CONSULTANT. A comment review meeting may be scheduled between the
CITY OF TEMECULA, the CITY OF MURRIETA and CALTRANS, and
CONSULTANT, where responses to the plan comments will be presented.
EXHIBIT "C" 16
STATEMENT OF WORK
i. 35% Submittal.
Title Sheet
Typical Cross-Sections
Key Map & Line Index
Layout Plans
Profile Plans, and Superelevation Diagrams
Drainage Plans, Profiles & Details
Conceptual Stage Construction Strip Map
Construction Cost Estimate
ii. 65% Submittal
Project Narrative
Title Sheet
Typical Cross-Sections
Key Map & Line Index
Layout Plans
Profile Plans, and Superelevation Diagrams
Construction Details
Contour Grading Plans
Drainage Plans, Profiles, Details and Quantities
Edge Drain Plans and Quantifies
Utility Plans
Stage Construction Plans & Quantities
Detour Plans & Quantities
Construction Area Signs Plans & Quantities
Summary of Quantities Plans
Pavement Delineation Plans, Quantities and Details
Sign Plans, Quantities & Details
Retaining Wall Plans and Details
Sound Wall Plans and Details
Noise Assessment
Electrical Lighting, Details and Quantities
Electrical Ramp Metering, Details and Quantities
Special Provisions
Construction Cost Estimate
Permit Applications
Right of Way, Access Control, and Temporary Construction Easement
Requirements
iii. 95% Submittal.
Project Narrative
Title Sheet
Typical Cross-Sections
Key Map & Line Index
Layout Plans
Profile Plans, and Superelevation Diagrams
17
STATEMENT OF WORK
Construction Details
Contour Grading Plans
Drainage Plans, Profiles, Details, and Quantities
Edge Drain Plans and Quantities
Utility Plans and Details
Stage Construction Plans and Quantities
Traffic Handling Plans
Detour Layouts
Construction Area Signs
Summary of Quantities Plans
Pavement Delineation Plans, Details, and Quantities
Sign Plans, Details, and Quantities
Retaining Wall Plans, Details, and Quantities
Sound Wall Plans and Details
Noise Assessment
Electrical Lighting, Details and Quantities
Electrical Ramp Metering, Details and Quantities
Special Provisions
Construction Cost Estimate
Construction Schedule
Right of Way, Access Control, and Temporary Construction Easement
Requirements
iv. 100% Submittal.
CALTRANS shall prepare order forms for all State furnished materials and
signs.
Final PS&E (all items listed in 95% submittal, final plans shall be
submitted on full sized wet signed mylars)
Grid Grades
Quality Control Statement
Electronic files
Resident Engineer's File
Surveyor's File
F. STRUCTURAL DESIGN
1. General Requirements
CONSULTANT shall prepare and deliver to the CITY OF TEMECULA, the
CITY OF MURRIETA, and CALTRANS' DIVISION OF STRUCTURES
(DOS) for their review and approval, all plans, specifications, and estimates for
the structures on the Project. All CONSULTANT prepared plans, specifications,
quantity calculations, and estimates shall be prepared in metric units and conform
to CALTRANS' requirements.
EXH]BrF "C" 18
STATEMENT OF WORK
A qualified engineer who is registered in the State of California shall
independently check each design. Each plan sheet shall show the name of the
engineer who performed the independent check.
The calculations for both the design and the independent design check shall be
submitted as part of the PS & E Submittal. The respective calculations shall bear
the State of California Registered Professional Engineer registration seal with the
signature, license number and registration certificate expiration date of the design
engineer and independent check engineer.
The instructions contained in this scope of work for structures will take
precedence over any conflicting instructions found in the Bridge Memos to
Designers Manuals.
2. Preliminary Design Review
a. CONSULTANT shall obtain and review the as-built drawings of all existing
bridge structures within the project vicinity.
CONSULTANT shall perform site surveys as necessary to determine existing
conditions and topography and also to establish or verify construction survey
controls.
3. Plans, Specifications, and Estimates
a. General
All plans, specifications, quantity calculations, and estimates shall conform to
CALTRANS requirements and shall be made available to the CITY OF
TEMECULA and CALTRANS for review and approval upon request or either
the CITY OF TEMECULA or CALTRANS.
Plans for each design shall be prepared on ESC formatted plan sheets. Current
Bridge Standard Details Sheets (XS-Sheets) and current Standard Plans shall be
incorporated into the Contract Plans where applicable. Each plan sheet shall
show the name and address of CALTRANS, the CITY OF TEMECULA, and the
CONSULTANT in the blocks provided below the Engineer's signature and
registration stamp. Each plan sheet shall show the name of the engineer who
prepared the design.
b. Special Provisions
CONSULTANT shall prepare project specific Structure Special Provisions in
accordance with CALTRANS' Plans, Specification and Estimates Guide and the
OSFP Information & Procedures Guide. The Structure Special Provisions shall
bear the State of California Registered Professional Engineer registration seal
with the signature, license number and registration certificate expiration date of
the Engineer who prepared the special provisions or the Engineer under whose
direction they were prepared. A list of contract items with item descriptions,
EXHIBIT "C" 19
STATEMENT OF WORK
item numbers, units of pay, and item pay codes, but without quantities or
estimated unit costs, shall be included in the front of the special provisions.
Estimate
CONSULTANT shall prepare quantity calculations and develop unit costs for
items that are applicable to this project and shall prepare the bridge cost estimate,
utilizing CALTRANS' Quantity Summary and Estimate Forms. Quantities for
all contract items, including cost of lump sum items, shall be substantiated by
calculations. Quantity calculations shall be neat and orderly and shall show all
sketches, diagrams and dimensions necessary to allow them to be independently
used by field engineers. All quantity calculations shall be independently checked
and substantiated with independent calculations.
d. Bridge Design
Construction details for each design shall be prepared on CALTRANS'
Department of Structures (DOS) format plan sheets. DOS will provide blank
reproducible sheets. Where specified in this Statement of Work, or as
directed by the CITY OF TEMECULA and CALTRANS, CONSULTANT
shall also provide 11" x 17" reduced copy of the plan sets.
ii.
The CONSULTANT shall acquire the needed standard drawings as shown in
Section 20 of the Bridge Design Details Manual and the current Standard
Plans. The Bridge Standard Design Detail Sheets shall be prepared in metric
units by CONSULTANT for the contract plans. The standard drawings and
standard plans shall be incorporated into the Structure PS&E where
applicable.
e. Deliverables
As required, the following submittals shall be delivered to the CITY OF
TEMECULA, the CITY OF MURRIETA, and CALTRANS. The specific
number of plans, estimates, and reports shall be determined prior to submittal.
i. Advanced Planning Study
The CONSULTANT shall prepare the Advanced Planning Study submittal
for all project and structure alternatives before inclusion of the Advanced
Planning Study in the Project Report. The Advanced Planning Study and it's
submittal shall be prepared in accordance with the OSFP Information &
Procedures Guide and the Memo to Designers.
Advanced Planning Study Submittals
- 6 copies of the Advanced Planning Study
- 2 copies of the Preliminary Foundation Report
- 2 copies of the Preliminary Hydraulics Report
- 6 copies of Consultant Prepared Structure Advanced Planning Study
Checklist
EXItlBIT "C" 20
- 6 copies of the Design Memo
- 2 copies of the Cost Estimate
- 1 copies of the Draft Project Report
- 2 copies of the Final Approved Project Report
STATEMENT OF WORK
ii. General Plan/Type Selection
CONSULTANT shall review the Bridge Site Data Submittal form, including
attachments, and complete the Draft Foundation Plan Sheet. This will lead to
the submittal and presentation for review and approval of a Type Selection
Report for the structure. All studies, reports, plans, specifications, estimates
and other documents shall be delivered to the CITY OF TEMECULA, the
CITY OF MURRIETA and CALTRANS' Engineering Service Center (ESC),
Office of Special Funded Projects (OSFP). This process will be considered
the "Structure Type Selection" process and no further design work will be
performed until written approval of the structure type is received from OSFP.
A Type Selection Review Meeting will be held in Sacramento, in which
CONSULTANT shall be prepared to discuss and provide information on
foundation requirements, hydrological requirements, falsework requirements,
seismic and aesthetic considerations, traffic handling, construction cost, and
other pertinent information that is needed to determine the proper structure
type.
A Type Selection Review Meeting will be scheduled a minimum of 2 weeks
following receipt of the Type Selection Report. The report shall include the
following: Type Selection Memo, Vicinity Map, General Plan, General Plan
Estimate, Project Seismic Design Criteria, and Preliminary Foundation
Recommendations. The report should follow the format described in the
Memo to Designers.
The results of the meeting will be summarized in writing to the
CONSULTANT within 2 weeks following the meeting. Within 2 weeks after
receiving written approval of the proposed General Plan and structure type,
the CONSULTANT shall furnish OSFP with 40 reduced (279 x 431 mm)
copies of the approved General Plan, 2 copies, Type Selection Memorandum
and 2 copies, General Plan Estimate.
General Plan/Type Selection submittals:
15 copies of Type Selection Report
1 copy, approved Bridge Site Data Submittal form and attachments
for each bridge
1 copy, General Plan (electronic .DGN file)
2 copies of Draft Foundation Plan
4 copies of Final Hydrology/Hydraulics Report
4 copies of Preliminary Foundation Report
2 copies, Type Selection Meeting Summary
EXHIB1T "C" 21
STATEMENT OF WORK
40 copies of Approved General Plan
2 copies, Type Selection Memorandum
2 copies, General Plan Estimate
iii. Unchecked details submittal:
6 copies, unchecked structure plans
1 electronic copy of the unchecked structure plans (.dgn file)
4 copies, Draft, Final Foundation Report
4 copies, Draft Road Plans
OSFP will review and comment on the unchecked structure plans within 3
weeks of receipt.
iv. Initial Bridge PS&E (Checked Details Stage)
12 sets Structure Plans
1 Structure Plans (electronic .DGN file)
1 copy of Design Calculations
1 copy of Check Calculations
5 copies Structure Special Provisions
1 copy Structure Special Provisions (electronic file)
2 copies Cost Estimate
2 copies, Quantity Calculations & Summary Sheets
2 copies Working Day Schedules
4 copies of Final Hydraulics Report
5 copies of Final Foundation Report
5 copies of complete Road Plans and Special Provisions
1 copy Quality Control Checklist
OSFP will review and comment on the Initial PS & E Submittal within 6
weeks of receipt of the complete package.
v. Intermediate PS & E Submittal (if required):
Same as the Initial PS & E Submittal or as otherwise requested by
OSFP.
OSFP will review and comment on Intermediate PS & E submittal within 4
weeks of receipt of the complete package.
vi. Final PS&E Submittal
5 copies Final Structure Plans
1 copy, Signed Structure Plans (electronic .DGN file)
1 copy, full size, wet signed mylars of Final Structure Plans
2 copies, Final Structure Special Provisions
1 copy, Final Structure Special Provisions (electronic file)
2 copies, Cost Estimate
EXIqlBIT "C" 22
STATEMENT OF WORK
2 copies, Quantity Calculation (estimator/checker)
2 copies, Working Day Schedules
I copy of complete Road Plans and Special Provisions (electronic
file)
RE Pending File (structure related information as discussed in "OSFP
Information and Procedures Guide").
1 copy, 1:50 Deck Contour Plot (Full Scale reproducible)
2 copies, 1:50 Deck Contour Plot (Full Scale Print)
G. NOISE STUDY
1. Noise Study
CONSULTANT will prepare a traffic noise report for the project. The noise analysis
will be based on Federal Highway Administration (FHWA) and CALTRANS'
criteria, policies and guidelines for traffic noise analyses. The report will also
address any local noise standards applicable to the project. CONSULTANT will
perform the following tasks for completion of the traffic noise study:
CONSULTANT will identify existing noise-sensitive land uses and undeveloped
land for which development is planned, designed and programmed, that may be
affected by the project. A location map will be prepared to show relevant noise
receptors and will be submitted for review and approval by CALTRANS.
CONSULTANT will conduct traffic noise level measurements and concurrent
traffic counts at representative noise-sensitive receiver locations throughout the
project area. CONSULTANT will seek the CITY OF TEMECULA and
CALTRANS' concurrence on the sufficiency of the noise monitoring locations
prior to actual fieldwork.
CONSULTANT shall identify existing no build noise levels, and predict future
peak hour noise levels without mitigation, and future peak hour noise levels with
mitigation. An acceptable software program that may be used for the analysis is
SOUND 32 PC (microcomputer version of STAMINA 2.0) or an approved
equivalent. Calculated peak-hour noise levels will then be compared to
FI-IWA'S and CALTRANS' noise abatement criteria to determine noise impacts.
If noise impacts exist, CONSULTANT will evaluate mitigation measures in the
form of sound walls. Detailed information related to locations and heights of
required sound walls will be developed and submitted on strip maps or other
layout plans. CONSULTANT will also provide a discussion of alternative noise
mitigation measures.
CONSULTANT will conduct a feasibility and reasonableness analysis based on
feasibility guidelines and reasonableness allowance figures developed by
CALTRANS. For this effort, the number of existing and permitted noise-
sensitive receivers benefiting from prospective sound walls will be considered in
combination with barrier costs. Based on the results of this analysis,
EXHIBIT "C" 23
STATEMENT OF WORK
CONSULTANT will submit information pertaining to feasibility and
reasonableness of constructing sound walls.
CONSULTANT will prepare a draft report for review by the CITY OF
TEMECULA, the CITY OF MURRIETA, CALTRANS and FHWA. Upon
receipt of review comments on the draft report, CONSULTANT will address all
review comments in a final noise study report submitted to the CITY OF
TEMECULA and CALTRANS.
2. Sound Wall Plans
For fee estimating parposes, it is assumed that the Noise Study to be performed
under Section 350, Item A, will identify that a maximum of 1000 meters of sound
wall will be required along the project limits. It is assumed that the maximum
height of this sound wall will be 4.9 m, and it is also assumed that this sound wall
will not require any special design and a standard CALTRANS sound wail design
can be utilized.
H. RETAINING WALLS
CONSULTANT shall be required to prepare all retaining wall plans. Said plans
shall include wall location, height, typical sections, log of test borings, material and
cost estimate calculations, and any wall aesthetic treatments. The extent of retaining
wall construction shall be determined during the development of the PS & E.
2. CONSULTANT shall update right of way requirements, as needed to incorporate
temporary construction easements for retaining walls.
All required retaining walls are anticipated to be standard type CALTRANS walls
found in CALTRANS' Standard Plans. CONSULTANT shail notify the CITY OF
TEMECULA and CALTRANS immediately upon determination that any other non-
standard retaining walls will be required for the Project. All non-standard retaining
walls shail be designed in accordance to the provisions in "F. Stmcturai Design."
I. DRAINAGE
1. General Requirements
CONSULTANT shall be responsible for the design, including hydrologic
modifications of ail drainage reports necessary to provide adequate drainage of
the Project, including pavement drainage, runoff generated within the Project
Area, inflows from watersheds beyond the Project, and interim drainage during
construction. Except where specified herein, all plans, specifications, quantity
calculations, estimates, and reports shall be in metric units and conform to
CALTRANS' requirements. Where conflicts in methodology occur,
CONSULTANT shall notify the CITY OF TEMECULA and CALTRANS
immediately for resolution.
EXHIBIT "C" 24
STATEMENT OF WORK
All reports shall be prepared by a qualified Civil Engineer who is registered in
the State of California, and shall bear the State of California Registered
Professional Engineer registration seal with his signature, license number, and
registration certificate expiration date of the Engineer responsible for the
preparation.
2. Permits
CONSULTANT will prepare exhibits required to assist the CITY OF TEMECULA,
the CITY OF MURRIETA and CALTRANS in obtaining any permits and
construction/maintenance agreements.
3. Hydrology Reports
a. Off-site Hydrology Report
CONSULTANT shall prepare an off-site hydrology report for the Project by
supplementing existing drainage reports as required. The report shall be
prepared in metric units and conform to CALTRANS' standards.
ii. Layout plans identifying the location of existing and, if necessary, proposed
drainage facilities shall be included within the report.
iii.
The report shall be submitted to the CITY OF TEMECULA, the CITY OF
MURRIETA, and CALTRANS for review. Comments generated from this
review will be returned to CONSULTANT for incorporation into the final
plan. The number of copies of the report shall be determined prior to
submittal.
b. On-site Hydrology Report
CONSULTANT shall prepare an on-site hydrology report for the Project by
supplementing existing drainage reports as required. The report shall be
prepared in metric units and conform to CALTRANS' standards.
ii. Layout plans identifying the location of existing and, if necessary, proposed
drainage facilities shall be included within the report.
iii.
The report shall be submitted to the CITY OF TEMECULA, the CITY OF
MURRIETA and CALTRANS for review. Comments generated from this
review will be returned to CONSULTANT for incorporation into the final
plan. The number of copies of the report shall be determined prior to
submittal.
4. Reports and Plans
a. General
EXHIBIT "C" 25
STATEMENT OF WORK
CONSULTANT shall update fight of way requirements as needed to
incorporate drainage and temporary construction easements for drainage
facilities.
ii. Conflicts with other utilities, including other drainage facilities, shall be
identified in plan and profile.
b. Drainage Report and Plans
Following the review of the off-site and on-site hydrology reports, the
CONSULTANT shall perform hydraulic analysis for all of the drainage
facilities on the Project. The corresponding drainage report shall be prepared
in metric units and shall incorporate updated hydrology calculations. Where
proposed improvements modify flows to existing drainage facilities within
the project, the hydraulic analysis report submitted for these facilities will be
modified to reflect the changed conditions.
ii.
Drainage plans and profiles of proposed drainage facilities shall be included
within the report. Modifications to existing facilities shall be identified on
the plans.
iii. The drainage report shall be submitted to the CITY OF TEMECULA, the
CITY OF MURRIETA, and CALTRANS for review.
c. Edge Drains
CONSULTANT shall add edge drain designs to the contour grading plans.
J. TRAFFIC ENGINEERING
CONSULTANT shall prepare the necessary traffic handling plans showing long-term
closure of lanes, local road and highway detours, and number of available lanes.
Included in these plans are stage construction, construction traffic handling and detours,
signing, striping, lighting, and signal modifications as presented below:
1. Stage Construction
CONSULTANT shall prepare stage construction plans. Plans shall reflect the
construction of all improvements identified on the plans. The plans shall include
existing roadbeds, construction to be performed in the stage shown, traffic direction,
number of lanes and future construction. CONSULTANT shall continually evaluate
and update the stage construction plans during all phases of design.
2. Construction Traffic Handling Plans and Detours
a. Traffic Management Plan
i. CONSULTANT shall prepare a Traffic Management Plan. The plan should
conform to CALTRANS' standards.
EXHIBIT "C" 26
STATEMENT OF WORK
ii. The Traffic Management Plan shall be submitted to the CITY OF
TEMECULA, the CITY OF MURRIETA and CALTRANS for review.
Comments generated from this review will be returned to CONSULTANT
for incorporation into the final plan. The number of copies of the plan shall
be determined prior to submittal.
iii. Lane closure charts used during construction are to be approved by Caltrans.
b. CONSULTANT shall prepare traffic handling plans, which show long-term
closure of lanes, demurs and number of available lanes. Included in these plans
are signing, striping, and modifications, and temporary traffic signals, if
necessary. CONSULTANT shall continually evaluate and update the traffic
handling plans during the design process.
c. CONSULTANT shall update right of way requirements as needed to incorporate
temporary construction easements for traffic detours.
3. Signing Plans
CONSULTANT shall prepare final plans, specifications, and estimates for signing
plans including layouts showing the locations of roadside and overhead signs, special
sign details, lighting, and any structural or foundation requirements in accordance
with applicable standards and design criteria. Any requirements for electrical service
shall be coordinated with the local electric utility by CONSULTANT.
4. Pavement Delineation Plans
CONSULTANT shall prepare final plans, specifications, and estimates for pavement
delineation in accordance with applicable CALTRANS' standards and design
criteria.
5. Traffic SignaiPlans
CONSULTANT shall prepare final plans, specifications, and estimates for traffic
signalization as required for the Project. CONSULTANT shall determine levels of
services, warrants and propose any needed improvements.
6. Electrical Plans
CONSULTANT shall prepare final plan, specifications, and estimates for electrical
plans including layouts showing lighting standard and conduit locations, other
lighting appurtenances, and any structural or foundation requirements in accordance
with applicable standards and design criteria. Any requirements for electrical service
shall be coordinated with the local electric utility by CONSULTANT.
CONSTRUCTION BIDDING PHASE
Bidding procedures will be the responsibility of either the CITY OF TEMECULA or
CALTRANS. While the PS&E construction package is being advertised for bids, all
EXHIBIT "C" 27
STATEMENT OF WORK
questions concerning the intent shall be referred to either the CITY OF TEMECULA or
CALTRANS for resolution. In the event that any items requiring interpretation in the
drawings or specifications are discovered during the bidding period or bid opening, said
items shall be analyzed by CONSULTANT for decision by either the CITY OF
TEMECULA or CALTRANS as to the proper procedure required. Corrective action taken
will either be in the form of an addendum prepared by CONSULTANT and issued by either
the CITY OF TEMECULA or CALTRANS, or by a covering change order after the award
to the construction contract.
CONSTRUCTION SUPPORT PHASE
CONSULTANT shall attend the pre-construction meeting with the successful
construction contractor upon notification by either the CITY OF TEMECULA or
CALTRANS.
CONSULTANT will receive written notification of the award of a construction contract.
Upon such notification, CONSULTANT will proceed with the services required by this
contract, and will continue to provide these services through Construction Contract
Acceptance (CCA).
CONSULTANT shall develop the Resident Engineer's (RE) File related to the design of
the Project. Although the RE File is identified as a deliverable during the final stages of
design, CONSULTANT shall update the RE file for the duration of this Statement of
Work. CONSULTANT shall provide the CITY OF TEMECULA and CALTRANS with a
written log of significant items that are added to the RE File. The RE File shall be
available for either the CITY OF TEMECULA's or CALTRANS' review at any time
during the performance of this Statement of Work.
During construction, CONSULTANT shall furnish all necessary drawings for
corrections and change orders required by errors and omissions of CONSULTANT. The
original tracing(s) of the drawings and contract wording for change orders shall be
submitted to the CITY OF TEMECULA or CALTRANS for duplication and
distribution.
CONSULTANT shall review and approve submittals and shop plan drawings submitted
by the construction contractor. CONSULTANT shall complete shop plan review within
two (2) weeks of receipt. Contract Change Order reviews shall be completed within two
(2) working days of receipt.
Drawings and change orders required due to actions of either the CITY OF TEMECULA
or CALTRANS, which are beyond the scope of CONSULTANT's responsibilities, shall
be considered extra services.
CONSULTANT shall be available to visit the job site for on-site review of construction,
as requested, by either the CITY OF TEMECULA or CALTRANS, to resolve
discrepancies in the contract documents. CONSULTANT shall bring to the attention of
the Resident Engineer any defects or deficiencies in the work by the construction
contractor, which CONSULTANT may observe. CONSULTANT shall have no
EXHIBIT "C" 28
STATEMENT OF WORK
authority to issue instructions on behalf of either the CITY OF TEMECULA or
CALTRANS, or to deputize another to do so. All agreements shall be between the
awarding agency and its construction contractor. These provisions shall not be
construed as making CONSULTANT responsible for failure of the awarding agency's
construction contractor to carry out the work in accordance with the contract documents
nor the construction means or methods or techniques, sequences, procedures, or safety
programs in connection with the work.
CONSULTANT shall (using marked prints from the Resident Engineer) prepare and
deliver to either the CITY OF TEMECULA or CALTRANS, within two months of
completion of Project construction, the final "As-Built" plans in both hand drawn and
electronic format.
MATERIALS FURNISHED BY CALTRANS or the CITY OF TEMECULA
Disposition of materials furnished by CALTRANS will be at the discretion of CALTRANS'
contract manager. These items may include, but not limited to:
1. Copies of "As-Built" plans
2. Drafting Standards (CTCELL 18) for electronic plan preparation
3. Existing Materials Data
4. Blank reproducible sample DOS structure plan sheets
5. Standard Special Provisions (SSP's) in Microsoft Word
6. Existing Right of Way Maps
7. Survey Control Data
8. Aerial Photos
9. Blank CALTRANS' plan sheet
10. Existing traffic counts, accident records and data
11. Project Study Report and other planning study data
12. Pertinent correspondence
WORK TO BE PERFORMED BY CALTRANS
Liaison with FHWA
Provide primary survey controls necessary for design surveys
WORK TO BE PERFORMED BY THE CITY OF TEMECULA
Leads in public involvement and distribution of public information
Utility coordination
Right of Way negotiations
EXHIBIT "C" 29
APPLICABLE STANDARDS
STATEMENT OF WORK
The PS&E shall be prepared in accordance with current the CITY OF TEMECULA, the
CITY OF MURRIETA and CALTRANS' regulations, policies, procedures, manuals, and
standards including compliance with Federal Highway Administration (FHWA)
requirements. The following documents shall be used in the production of this Contract.
The documents listed are not all-inclusive, but are intended only to illustrate types of
sources:
O
O
0
0
EXHIBIT "C"
AASHTO Policy on Geometric Design of Highways and Structures (AASHTO
1990)
Caltrans Highway Design Manual
Metric Highway Design Standards
Standards for Metric Plans
Metric Standard Specification
Local Assistance Procedures Manual
Caltrans Traffic Manuals
Manual of Uniform Traffic Control Devices
Caltrans Project Development Procedures Manual
FHWA Environmental Guidelines & Manuals
Caltrans Plans Preparation Manual
Caltrans CADD Users Manual
Environmental Handbook, Volumes 14
Guidance for Consultants: Procedures for the Protection of Historic Properties
Section 106 Process, and Guidance for Consultants: Procedures for Completing the
Natural Environment Study and Related Biological Reports.
Safety Manual
Right of Way Manuals
Construction Staking Handbook
Project Plan Preparation Manual of Instructions
Standard Plans
Standard Specifications
Standard Special Provisions
Caltrans Plans, Specifications and Estimate Guide
Guide to Caltrans Capital Outlay Support Work Breakdown Structure (WBS)
Bridge Design Specifications Manual
Bridge Design Details Manual
Bridge Design-Aids Manual
Bridge Memos to Designers
Bridge Standard Details Sheets
Bridge Detail Decals
· CALTRANS Seismic Design Criteria
· OSFP Information & Procedures Guide
Policy on High and Low Risk Underground Facilities within Highway Rights of
Way
Formatted Highway Plan Sheets
Formatted Bridge Plan Sheets
Surveys Manual
30
STATEMENT OF WORK
o State Manual of Test
Roadway design shall be in accordance with the current edition of CALTRANS'
Highway Design Manual, the Metric Highway Design Standards, Standards for
Metric Plans, Metric Standard Specification.
Basic design shall be in accordance with the existing approved general GAD's and the
Final Supplemental Project Report.
Plans shall be prepared in conformance with the current editions of CALTRANS' Plans
Preparation Manual and the CADD Users Manual and the following:
All CADD work shall be in compliance with CALTRANS' CADD Users Manual.
CADD work shall also incorporate, as deemed necessary by the Task Manager, any
revisions to the CADD Users Manual that are made during the course of the contract.
b)
Consultants shall obtain and use the latest versions of the CADD files in order to
conform to CALTRANS' graphics and plotting standards. Files needed include, but
are not limited to: cell libraries for highways and structures, font resources, color
tables, and graphics seed files. These files are provided only in Microstation format
(.dgn) format and can be obtained electronically from CALTRANS' Internet site at:
http://www.dot.ca.gov/hq/esc/Engineering_Technology/DevelopmentBranch/cell
ibs/
(click on ct-libs.exe to download file)
c)
All CADD graphics files submitted to CALTRANS shall be two-dimensional (2-D)
graphics files in Mircostation format (.dgn). All graphics files submitted must
display and plot properly on the District's plotting system. Effective October 1,
1992, in accordance with the CADD Users Manual, submitted CADD plan sheet
files should not contain any referenced data. All drawing data and features relating
to a CADD plan sheet file shall be fully contained in that CADD file.
d)
CONSULTANT shall submit all plans on CD ROM using MicroStation (.dgn) file
format in accordance with CALTRANS' standards and submit a copy of all plans
to the CITY OF TEMECULA on CD Rom converted to AutoCAD, Release 14
(.dwg). In the event the conversion does not produce usable AutoCAD files the
CITY OF TEMECULA will require to CONSULTANT to provide the CITY
OF TEMECULA with the software, new registered to the CITY OF
TEMECULA, required to utilize the electronic files in their original format.
The electronic files shall include the engineer's electronic signature and seal.
CONSULTANT shall verify the latest version of software used prior to submittal.
CONSULTANT will also provide plot parameter (.par) files in accordance with I-
Plot standards.
Diskettes are not acceptable to CALTRANS. Any translation effort necessary to
obtain these formats shall be the responsibility of the Consultant at no extra cost to
CALTRANS.
EXH~B1T "C" 31
STATEMENT OF WORK
e)
CONSULTANT requests for applicable CITY OF TEMECULA or CALTRANS
CADD copies of plans or topographic maps to complete the task shall be made in
writing to the Project Manager at least two weeks prior to their need. The request
shall be specific as to what is needed and the reason for this information. The
Project Manager will review the request and only forward request of information that
is deemed necessary by the Project Manager. Requests for additional CADD copies
of information previously provided to CONSULTANT by the CITY OF
TEMECULA or CALTRANS shall be at CONSULTANT's expense, with no extra
cost to the CITY OF TEMECULA or CALTRANS. CADD files associated with
another project (past or present) will not be released without prior written
authorization from the Project Manager responsible for the other project.
CONSULTANT shall be responsible to convert and/or modify any CADD graphics
to current standards. If CADD copies are not available, CONSULTANT will have to
convert what is available to meet current CADD submittal standards.
As part of the services involved in the preparation of the plans, specifications, and
estimates, CONSULTANT shall prepare and furnish Special Provisions for all items
included in the plans which are not covered in the Standard Plans and Standard
Specifications or require more detail than is presented on the Project plans. The
CONSULTANT shall acquire the Special Provision's standard format on
microcomputer disks in Microsoft Word. CONSULTANT shall edit and prepare
Special Provisions specific to the Project using the latest version of Microsoft Word.
Plans, specifications, and estimates shall be prepared in conformance with the current
editions of CALTRANS' Plans, Specifications, and Estimates Guide.
Bridge plans, specifications, and calculations shall be in accordance with CALTRANS'
Division of Structures Bridge Design Details Manual, Bridge Design Aids Manual,
Bridge Memos to Designers, Bridge Design Specifications, and CALTRANS' Seismic
Design Criteria.
All surveys shall conform with the current CALTRANS' Surveys Manual.
All phases of design of improvements which impact existing or proposed underground
utilities shall conform to CALTRANS' Policy on High and Low Risk Underground
Facilities Within Highway Rights of Way.
Design of the Project shall be performed in accordance with CALTRANS' standards and
practices. Any exceptions to applicable design standards shall be approved by
CALTRANS and the Federal Highway Administration via the process outlined in
CALTRANS' Project Development Procedures Manual and applicable memorandums
and design bulletins published by CALTRANS.
The structure design, plans, calculations, reports, special provisions, estimate and quality
control shall conform to CALTRANS' OSFP Information and Procedures Guide and the
requirements in this Statement of Work. The requirements in this Statement of Work
EXHIBIT "C" 32
STATEMENT OF WORK
shall take precedence over any conflicting instructions found in the Bridge Memos to
Designers manual.
CONSULTANT shall obtain, at its expense, all applicable CALTRANS' Manuals and
Standard Plans. Manuals and documents that are not available from the CALTRANS'
Publication Distribution Center are available from the CALTRANS' Intemet web site at:
http:llcaltrans-opac.ca, govlpublicat.htm.
Since manuals, guidelines, standards, etc., are dynamic documents, it will be the
responsibility of the CONSULTANT to verify that the latest version or update has been
received.
COORDINATION
Coordination with the CITY OF TEIVIECULA, CALTRANS, other Consultants and
other involved agencies may be required to achieve compatible designs, phasing of
construction with existing or designed conditions, and timely delivery of this contract
PS&E. Coordination may include, but is not limited to, coordination with CALTRANS,
local agencies, US Forest Service, National Park Service, State Department of Parks and
Recreation, Native American tribal govemments, and other agencies.
The Project Manager will decide the manner in which the coordination of individual
matters are undertaken. At the Project Manager's option they may be performed by the
CONSULTANT's direct contact, by the CONSULTANT acting through the CITY OF
TEMECULA, CALTRANS or by the CITY OF TEMECULA only. When coordination
efforts require agreements, such agreements shall be obtained through the CITY OF
TEMECULA.
For contract work on property not owned or controlled by the CITY OF TEMECULA,
all permits, agreements, and permissions will be obtained by the CITY OF TEMECULA
in the advance of CONSULTANT's activities, however;
. a)
The CONSULTANT shall not enter upon property or facilities not owned by the
CITY OF TEMECULA or CALTRANS without prior permission or permit obtained
through the CITY OF TEMECULA or CALTRANS.
b)
The CONSULTANT shall notify the CITY OF TEMECULA and CALTRANS, in
writing, two weeks in advance of their need to enter upon said property or facility to
perform work.
c) The CONSULTANT's notice shall specify the date, purpose, duration, location, and
the time of day of the CONSULTANT's activities.
d) The CONSULTANT shall comply with all conditions imposed by the Project
Manager and requirements set forth in the permission, permit, or agreement.
EXItlBIT "C" 33
STATEMENT OF WORK
QUALITY ASSURANCE
CONSULTANT has total responsibility for the accuracy and completeness of the plans,
calculations, and related documents furnished under this Statement of Work, and shall meet
that responsibility through the implementation of a Quality Assurance Plan.
CONSULTANT's Quality Assurance Plan shall be in effect throughout the entire Contract
and, at minimum, shall establish the process necessary to ensure the following:
a. All design is done in accordance with good engineering practice and all design meets
the standards set forth herein.
The quality control plan shall establish a process whereby all plans and calculations
are independently checked, corrected and back-checked, in accordance with accepted
practice, by a qualified engineer, registered in the State of California. All job related
correspondence and memoranda are routed and received by affected persons and
then bound in appropriate job files. All original drawings and calculations shall be
maintained for the duration of the design Contract and submitted to the CITY OF
TEMECULA at the completion of the Project.
Coordination and checks are provided on those drawings that show different work in
the same area (i.e. plans coordinated with specifications), to see that conflicts and
misalignment do not occur between plan sheets, and between the plans and
specifications.
do
CONSULTANT shall verify the constructibility of the plans in relation to
CALTRANS Standard Plans and Standard Specifications, and the Project Special
Provisions, and shall adhere to Caltrans Constructability Review Guidelines..
Delivery of plans and computations must be accompanied by supporting
documentation that demonstrates CONSULTANT is following its Quality Assurance
Plan. The documentation may include copies of appropriate lists of deliverables,
tables, plan sheet punch lists, etc., which show columns for checking, revising, back-
checking, and quality control reviews. Design review submittals not accompanied
by sufficient verification of quality control procedures will be returned to
CONSULTANT. Documentation of quality assurance procedures is considered to be
a requisite element of each review submittal.
CONSULTANT shall be required to include Quality Control Statements with the
65% and 95% Roadway submittals and Initial Structures PS&E submittal. The
statements shall include checklists for those pertinent items that are required for the
timely, uninterrupted processing of submittals within CALTRANS.
Prior to the Final Design Submittal, CONSULTANT shall be required to perform an
internal quality control and constructibility review with engineers experienced in the
appropriate discipline(s). CONSULTANT shall identify personnel responsible for
EXHIBIT "C" 34
STATEMENT OF WORK
this review, prior to the review. CONSULTANT shall provide review results to the
CITY OF TEMECULA and CALTRANS.
CONSULTANT shall submit to the CITY OF TEMECULA within 30 calendar days
after receipt of Notice to Proceed two copies of their Quality Assurance Plan. The
CITY OF TEMECULA and CALTRANS will review the plan established by
CONSULTANT to determine if quality assurance procedures are adequate and
appropriate to the complexity of the project requirements. Concepts to include axe
the Designability , Constructability, and Maintainability of the project being
prepared by the Consultant. Review comments will be returned to CONSULTANT
within 14 calendar days. If appropriate, the revised plan, which incorporates the
comments of the CITY OF TEMECULA and CALTRANS, should be resubmitted
within seven calendar days of receipt of comments.
Evidence that the Quality Assurance Plan is functioning will be periodically
confirmed by the CITY OF TEMECULA and CALTRANS. Deliverables that do not
conform to the approved plan will be returned to CONSULTANT without review by
the CITY OF TEMECULA and CALTRANS.
PROJECT PROGRESS
A. GENERAL
CONSULTANT shall establish internal accounting methods and procedures
acceptable to the CITY OF TEMECULA and CALTRANS for documenting and
monitoring Contract costs.
CONSULTANT shall give written notice to the CITY OF TEMECULA and
CALTRANS within seven (7) working days after CONSULTANT knows or should
know of any cause or condition which might, under reasonable foreseeable
circumstances, result in delay for which CONSULTANT may request an extension
of time to complete Services.
CONSULTANT shall report in a timely manner, through correspondence or progress
reports, whenever it appears that approved schedules will not be met, whether or not
the reasons are within the CONSULTANT's control. In the event the Scope and
Schedule of the Services are modified, and the modified Schedule is approved by the
CITY OF TEMECULA and CALTRANS, CONSULTANT shall submit a revised
Milestone Schedule. CONSULTANT shall perform the Services in accordance with
the latest approved revised Milestone Schedule.
Within 15 working days of the introductory meeting, the CONSULTANT shall
submit to the CITY OF TEMECULA and CALTRANS for review, a Bar Chart
Schedule showing the Critical Path and Logic Network Schedule, and identifying all
project development activities and milestones. The CITY OF TEMECULA and
CALTRANS will review these documents and return them to CONSULTANT with
notes and comments as soon as possible in order to validate the planning and cost
control procedures within the first calendar month of performance period.
EXHIBIT "C" 35
STATEMENT OF WORK
CONSULTANT shall submit to the CITY OF TEMEUCLA and CALTRANS within
30 calendar days after receipt of Notice to Proceed, two copies of their Quality
Assurance Plan. The CITYOF TEMECULA and CALTRANS will review the plan
established by CONSULTANT to determine if quality assurance procedures are
adequate and appropriate to the complexity of the Project requirements. Review
comments will be returned to the CONSULTANT within 14 calendar days. If
appropriate, the revised plan, which incorporates the comments of the CITY OF
TEMEUCLA and CALTRANS, should be resubmitted with seven calendar days of
receipt of comments.
MONTHLY PROGRESS REPORTS
On a monthly basis, CONSULTANT shall prepare and submit to the CITY OF
TEMECULA and CALTRANS a monthly status report that indicates the work
progress achieved during the period. The report shall summarize the actual work
progress compared with estimated progress and will identify problem areas, provide
evaluations, recommendations and an outline on the process which CONSULTANT,
the CITY OF TEMECULA and CALTRANS will follow to rectify the problem(s).
The progress report shall be submitted with the monthly invoice. Progress reports
shall include the total number of hours worked by the CONSULTANT's and sub-
consultant's personnel by the CALTRANS' Work Breakdown Structure (WBS) level
element(s). Invoices shall be submitted showing the CALTRANS' Work
Breakdown Structure (WBS) level element for each billable hour increment. The
most current version of the standard CALTRANS' WBS is available on the Intemet
at: http://www.dot.ca, gnv/hq/proimgmt/pm scope.htm
As a minimum, the monthly report should address the following specific areas:
a. Time related project status via a bar chart schedule
b. Physical progress
c. Amendment summary history
d. Narrative status report
e. Earned Value Report
f. Graphical comparisons for actual progress vs. earned and planned progress for:
physical (%complete), performance (hours complete) and cash flow.
A Progress Meetings between CONSULTANT, the CITY OF TEMECULA, the
CITY OF MURRIETA, and CALTRANS shall be held as required by the Project
Manager to discuss the design progress, potential problems, plans for the next period,
and other progress issues. The CITY OF TEMECULA will establish with
CONSULTANT the dates and times of these meetings. Three calendar days prior to
each progress meeting, CONSULTANT shall provide the CITY OF TEMECULA,
the CITY OF MURRIETA and CALTRANS with a typewritten agenda for the
meeting. CONSULTANT shall prepare typewritten meeting minutes and submit
them to the CITY OF TEMECULA, the CITY OF MLR~rI~TA, and CALTRANS
within seven calendar days after the meeting. The minutes shall indicate issues
discussed and the resolution or action required to resolve any issues.
EXHIBIT "C" 36
STATEMENT OF WORK
CONSULTANT shall submit at each Progress Meeting, a four-week horizon
schedule to be used in monitoring the progress of the work.
Project Coordination Meetings may be called by the CITY OF TEMECULA,
CALTRANS or the CONSULTANT at any time that any party requires discussion of
Project issues. CONSULTANT shall prepare minutes of the meeting and submit
them to the CITY OF TEMECULA and CALTRANS.
EXlt/BIT "C" 37
ITEM 10
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAI~CE~___
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Manager/City Council
~William G. Hughes, Director of Public Works/City Engineer
Janua~ 14,2003
SUBJECT: Completion and Acceptance Citywide A.C. Repair Program for FY02-03
Project No. PW02-04
PREPARED BY: ~'~2 Greg Butler, Principal Engineer
Eric Weck, Assistant Engineer
RECOMMENDATION: That the City Council:
Accept the project "Citywide A.C. Repair Program for FY02-03, Project No. PW02-04", as
complete; and
File a Notice of Completion, release the performance Bond, and accept a one (1) year
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 27, 2002, the City Council awarded the contract to All
American Asphalt, Inc. for an amount of $169,169.00. The project included a contingency amount
of $16,916.90.
The Asphalt Repair Project for FY2002-2003 is part of the Annual Street Maintenance Program.
The program involves repairing portions of street that require removal and replacement of small
areas of the roadway and replacing the associated striping and legends.
The roads included in this project are as follows: Margarita Road, La Colima Road, Front Street,
Overland Trail and Pujol Street.
The Contractor has completed the work within the allotted contract time, and in accordance with the
approved plans, specifications and contract change orders, and 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,
1
R:~AGENDA REPORTS',2003~11403\PW02-04,ACC.DOC/
FISCAL IMPACT: This Citywide A.C. Repair Program is funded by the Public Works Department
Routine Street Maintenance account. These funds have been appropriated in Account No. 001-
164-601-5402. The original contract amount for this project was $169,169.00. Final quantity
adjustments and two contract change orders brought the final cost of the project to $141,167.58.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit
2
R:~,AGENDA REPORTS~2003~011403",PW 02-04.ACC. DOC/
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest
Vendee Under Contract.
92590.
The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California
3. A Contract was awarded by the City of Temecula to All American Asphalt, P.O. Box 2229,
Corona, CA 92878-2229 to perform the following work of improvement:
Citywide A.C. Repairs FY02-03
Project No. PW02-04
4. Said work was completed by said company according to plans and specifications and to the
satisfaction of the Director of Pubiic 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 January 14, 2003. That upon said
contract the Fidelity and Deposit Company of Maryland 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:
Citywide A.C. Repairs FY02-03, Project No. PW02-04
6. The location of said property is: Various Citywide Streets, Temecula, California
Dated at Temecula, California, this 14th day of January, 2003.
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 14th day of January, 2003.
Susan W. Jones CMC, City Clerk
R:\CIP\Projects\PW02-04\StafANotice of Completion
'BOND NO. 08.5 97 494
~lr=~" IN"['~.(2) PAI~S
ALL ANE~CAN ASRt~,T, PO B3X 2229, CCXKX~, CA. 928?8-2229
F~,~ ~ ~IT ~ OF ~
2~ ~. ~ ~, $~, ~, ~. 91101
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ~t
County of O?.ANGB .~ ss.
On ... 12-'~U-U2
personally appeared
, before me,.
II
personally known to me
to be the per~on(~) whose namelY) la~
subscribed to the within Instrument and
acknowledged to me that he/~lgl~exe~uted
the same In hl./~ll~:]~ authorized
capoclty(~l~, end that by
slgnatum(~ on the Instrument the pemon(X), or
the en~ty upon behalf of which the pemon~
OPTIONAL
Though lhe lnfmzna~t lx~low ~ r, ot mqulmd by lm~ ~ mey pmve valuable to ~ ~ ~ ~ d~men!
end ~u~d l~e~'d fm~,enf remm~ end melf~hrnerd ~ lh~ ~om~ ~o ena~l~r ~£
Desk,Ion ~ A~ch~ D~u~ '
~eor~D~m~t: ~r~ ~ ~; 085 97 494
~mnt Dale: 12-3~2 Num~r M P~: ~ ( 2 ).
Capacity(lee) Claimed by 81gner
Signer's Name:..
D Coqx~mte C)fli~er ~ Tttte(8):
· 0 Pe~lner -- 0 Umlted O General
](]0C Attorney In Fact
(::] Trustee
r-I Guara~n or Coneewator
.~Signerls RepmsenUng: FIDI~r.z'I~' AND DI~OSI"I
Power of Attomey
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BAL'I1MORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the Stale of
Maryland, by C. M. PECOT, J~.., Vice-Presidant, and C. W. ROBBINS, Ass'~.ant Secrelaxy, in pursuance of anthority craned by Article
VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby ce~ified to be in full force
it~ act and d~l:
A'~e'lh'~~~ng upon said Company, as fully and
~lected officers of the Company
The said Assistant Secretary docs hereby certif~ exWact ~ ' on the reverse side hereof ~ a ~ue copy of Article VI, Section
2, of the By-Laws of said Company, and is n?~Torce. _6 ~
IN WITN~r~$ WHEREOF, th~ said Vice-P6~lent and ~ Secretary have hereunto subserihed their names and affixed the
Corporate Seal of thc said FIDELITY AND~I~SIT COMI~OF MARYLAND, this__ 22nd day of
July , A.D. 19.93~ ~.. '~
COUNTY OF BALTIMORE
SS:
On this 22nd day of July , A.D. 1993 ~ before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice-Presidcot and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF IVlARYLAND, to me personally known to be the individuals and officers described in and who executed the
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they arc the said officers of the Company aforesaid, and that the seal aff~xed to the preceding instrumem is the Corporate
Seal of said Company. and that the said Co~0orate Seal and their signatures as such officers were duly affixed and subecdbed to the said
instrument by the authority and direction of the said Corporation.
IN TEST/MONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
My Commi~ion Expires Au_gusl 1, 1906
Cl~RfU~llCATI~
I, the undersigned. Assistant Secrcta~7 of the FIDEI~fY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Auora~y of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;
I do further certif~ that the Vice-President who cxecut~ the said Power of Attorney was one of the additional Vice-Presidants specially
authorized by the Board of Directors to appoint any Attorr~y-in-Fact as provided in Article VI, Section 2, of the By-Laws of
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That lhe facsimile or mechanically r~reduc~ signature of any Assist~t Secretary of the Company, whether mada beretoforc
or hereaf~r, wherever appoaring upon a certified copy of any power of at~mey issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN T~. IMONY WHEREOF, I have bereunto subscrib~ my name and affixed thc corporate ~ of the said Company, this .~ ~-~
u4~-012- 6160
CITY OF TEMECULA, PUBUC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW02-04
ClTYWlDE A,C. REPAIRS FY02-03
to the City of Temecula, under oath, that he/sHe/it has paid in tull for all materials, supplies, labor,
services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents, employees or Subcontractors used or in contriOution to the
execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, er repalr of that certain work of improvement known as PROJECT NO.
ClTYWIDE A,C. REPAIRS FY02-03, siluated in the City of Temecu~a. State of California, more
particularly dec-,cribed as follows:
INSERT Al)DRESS OR DESCRIBE LOCATION OF WORK
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitule grounds for any third party to claim a Stop Notice against ct any
unpaid sums owing to the CONTRACTOR.
Further, in connection with the final payment of the Contract, the CONTRACTOR hereby
disputes the following amounts:
Description
Dollar Amount to Dispute
Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and
acquit the City el Temecula anO all agents arK:l employees Of the City, and each of them, teem any
and all c~aims, debts, demanOs, or cause Of action which ex;st er might exist in favor of the
CONTRACTOR by reaSOn of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputeO above.
Signature
~ ~t~..ASE R-1 R~CIP~ROJ ECTSTW(~W,~-(~ AC P~ p~p~c~Spoc~
ITEM 11
APPROVAL .
CITY A'I-FORNEY
DIRECTOR OF FINANCE.._,~___
CiTY MANAGER ~"-'f I
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
wCity ManagedCity Council
illiam G. Hughes, Director of Public Works/City Engineer
January 14, 2003
Naming a Designated Recipient (DR) of Federal Urbanized Area (UZA)
Formula Funds - Federal Transit Administration's (FTA) Section 5307
Program
PREPARED BY:
RECOMMENDATION:
1.
Julie Dauer, CIP Specialist
That the City Council:
Adopt a Resolution entitled:
RESOLUTION NO. 2003 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RECOMMENDING THAT THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
BE IDENTIFIED AS THE DESIGNATED RECIPIENT (DR) OF
FEDERAL URBANIZED AREA (UZA) FORMULA FUNDS FOR
THE TEMECULA-MURRIETA URBANIZED AREA
BACKGROUND: Annually, the Federal Transit Administration (FTA) distributes
federal operating and capital block grant funds to urbanized areas (UZA) through its Section
5307 Program. Section 5307 provides grants to urbanized areas and states for transit-related
purposes. Funding is apportioned on the basis of legislative formulas. For areas with
populations of 200,000 and more, the formula is based on a combination of bus revenue vehicle
miles, bus passenger miles, fixed guideway revenue vehicle miles, and fixed guideway route
miles as well as population and population density.
On May 1, 2002, the Bureau of the Census released the UZA designations for the 2000 Census.
As a result, the Temecula-Murrieta urbanized area was established with a population count of
229,810. Cities included in the new Temecula~Murrieta UZA ara Canyon Lake, Lake Elsinore,
Murrieta, Perris and Temecula. The Riverside Transit Agency (RTA) serves as the primary
transit operator for these cities. Based on the population exceeding 200,000 the Temecula-
Murrieta UZA is considered a large UZA. Therefore, according to Titles 23 & 49 of the United
States Code (23 U.S.C. 134 (i), and 49 U.S.C. 5303, respectively), the Secretary of
Transportation is required to designate urbanized areas with a population over 200,000 as
Transportation Management Areas (TMA).
R:~AGENDA REPORTS~003\011403\UZA-Designated Recipient.jcd.doc
As a potential applicant for Section 5307 funds, in an urbanized area with a population over
200,000, the City of Temecula must identify a Designated Recipient (DR) to receive and
dispense funds. In addition to the Governor, the Metropolitan Planning Organization, the County
Transportation Commission, and the affected public transit operators, all cities located within
each of the areas must concur with the selection of the DR. On November 13, 2002, the Board
of Commissioners of the Riverside County Transportation Commission (RCTC) unanimously
approved a resolution that the Southern California Association of Governments (SCAG) be
named as the DR for the newly established urbanized area. However, in order to continue this
process, each city in the new UZA will also need to approve SCAG as the DR. The Riverside
Transit Agency (RTA) is in process of insuring that each city within our designated UZA will
comply with the procedures necessary to ultimately utilize Section 5307 funds for future
projects.
Identifying SCAG as the DR for the newly established Temecula-Murrieta UZA will continue to
foster an effective planning process that promotes an efficient overall transportation investment
strategy. The role of the DR includes preparing a Long Range Transportation Plan, such as the
Regional Transportation Plan that SCAG currently prepares and files.
FISCAL IMPACT:
None
ATTACHMENTS:
1. Resolution No. 2003-
R:~AGENDA REPORTS~2003\011403\UZA-Des[gnated Recipient.jcd.doc
RESOLUTION NO. 2003 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RECOMMENDING THAT THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
BE IDENTIFIED AS THE DESIGNATED RECIPIENT (DR) OF
FEDERAL URBANIZED AREA (UZA) FORMULA FUNDS FOR
THE TEMECULA-MURRIETA URBANIZED AREA
THE CITY .COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
WHEREAS, on May 21, 2002, the Bureau of the Census released the urbanized area
(UZA) designations for the 2000 Census; and
WHEREAS, the Federal Transit Administration (FTA) uses this data to allocate federal
funds from its Urbanized Area Formula Fund program; and
WHEREAS, the Temecula-Murdeta UZA has been created; and
WHEREAS, federal regulations require that a statewide or regional agency responsible
under state law for financing, construction, or operating directly, by lease, contract, or otherwise
of public transit services be named by the Governor, responsible local officials, and providers of
publicly owned transit services as the Designated Recipient for the purposes of receiving and
dispensing FTA Urbanized Area Formula Funds in accordance with the provisions of 49 U.S.C.
5303-5306; and
WHEREAS, the Southern California Association of Governments (SCAG) currently
serves as the Designated Recipient for FTA Urbanized Area Formula Funds for the Riverside-
San Bernardino UZA; and
WHEREAS, the naming of SCAG as the Designated Recipient of FTA Urbanized Area
Formula Funds for the Temecula-Murrieta UZA would foster an effective planning process that
ensures connectivity between modes, and promotes efficient overall transportation investment
strategies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows:
Section 1. Approves the resolution recommending that the Southern California
Association of Governments (SCAG) be identified as the Designated Recipient (DR) to receive
and dispense funds for the Temecula-Murrieta Urbanized Area (UZA).
R:~AGENDA REPORTS\2003\011403\UZA-Designated Recipient.jcd,doc
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 14th day of January 2003.
Jeffrey Stone, Mayor
A'CrEST:
Susan W. Jones, CMC, City Clerk
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do
hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council
of the City of Temecula at a regular meeting thereof held on the 14th day of January, 2003, by
the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS
COUNCILMEMBERS
COUNClLMEMBERS
R:~AGENDA REPORTS~003\011403\UZA-Designated Recipient.jcd.doc
ITEM 12
APPROVAL
CITY ATTORNEY
FINANCE DI RECTO R~(;~=t~
CITY MANAGER /
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
Herman D. Parker, Director of Community Services
January 14, 2003
Crowne Hill Park Joint Use Agreement
PREPARED BY: ~(~'~" Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve the Crowne Hill Park Joint Use
Agreement between City of Temecula (City) and the Temecula Valley Unified School District
(TVUSD).
BACKGROUND: The Crowne Hill Development is conditioned to develop and dedicate
two parks to the City of Temecula. The first park, known as Crowne Hill Park, has been completed
and the Grant Deed was accepted by the City Council on November 12, 2002. The park site is
adjacent to a future elementary school site, which will be developed in the near future by the
TVUSD.
At the time the school site was originally approved, requirements for State funding of elementary
schools mandated that sites be at least 10 acres in size. Since that time, the requirement has been
increased to twelve acres. The site available to the TVUSD is 10 acres in size. No other adjacent
land is available for acquisition by the school district to increase the school size to the required
twelve acres.
The Temecula Community Services Department (TCSD) and the TVUSD have negotiated the use of
two acres of open turf area in the newly constructed Crowne Hill Park site F for use as additional
recreational space for the elementary school. A Joint Use Agreement (the "Agreement") has been
prepared to clearly define the responsibilities and use of the joint use portion of the park. The term
of the agreement is forty (40) years. The Agreement provides for the TCSD, through the developer,
to construct the park. Upon completion of the park and approval of the Agreement, the TVUSD shall
install and maintain fencing and gates around the two-acre portion of the park to ensure safety of
students. This area will provide space for school children to play games and sports for physical
education purposes during school hours. During non-school hours, the joint use portion of the park
shall be considered public park and open to the general population.
Approval of this Agreement will provide the additional two acres of land needed by the TVUSD in
order for the elementary school site to be eligible for State funding. The Agreement has been
considered and approved by the Temecula Valley Unified School District Board and the Temecula
R:\RUSEP~AGENDAS\crowne hill joint use agmt-cc,doc
Community Services Commission,
FISCAL IMPACT: The Crowne Hill Park was constructed by the developer through the
use of Development Impact Fee credits and dedicated to the City. The Community Services
Department will be responsible for annual operations and maintenance costs of the park estimated
at $24,500. The TVUSD will be responsible for the installation and maintenance of appropriate
fencing and gates. The City will incur no additional costs associated with this joint use agreement.
ATrACHMENT: Crowne Hill Joint Use Agreement
R:\RUSEP~AGENDAS\crowne hill joint use agmt-csd.doc
AGREEMENT BETWEEN THE CITY OF TEMECULA AND
TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR
THE JOINT USE OF A PORTION OF
CROWNE HILL PARK IN TRACT NO. 23143
THIS AGREEMENT is made and entered into as of May 7, 2002 by and
between the City of Temecula, a municipal corporation ("City"), and the Temecula
Valley Unified School District ("District"). In consideration of the mutual promises and
covenants contained herein and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
1. Recitals. This Agreement is entered into with respect to the
following facts and for the following purposes, each of which is acknowledged as true
and correct by the parties:
a. Chapter 10 of Division 1 of the Education Code, commencing with
Section 10900, authorizes public school districts and cities to cooperate with one
another for the purpose of authorizing, promoting and conducting programs of
community recreation which will contribute to the attainment of general
recreational and educational objectives for children and adults of the State. In this
regard, school districts and cities may enter into agreements with each other to aid
and cooperate in carrying out these objectives;
b. Upon construction and dedication to City by the developer of Tract
23143, City will become the owner of certain real property within the City of
Temecula, known as the site for proposed Park in Tract 23143, preliminarily
referred to as Crowne Hill Park, located on the future Old Kent Road, being
constructed as part of Tract 23143 in Temecula California, directly adjacent to the
futura elementary school preliminarily referred to as Crowne Hill Elementary
School Site;
c. District and City desire to jointly develop and utilize a portion of
Crowne Hill Park for park, recreational and educational purposes benefiting the
citizens of Temecula, and for educational purposes benefiting the students of
Crowne Hill Elementary School; and
d. The portion of Crowne Hill Park to be developed and used for
these joint purposes is an approximately Two (2) acre tuff playfield with
perimeter concrete sidewalks and fences located on the Crowne Hill Park
property and is depicted on Exhibit A., attached hereto and incorporated herein by
this reference (hereafter the "Property").
2. Use of Property as a School Facility. City hereby grants to
District a license to use the property as a school facility in accordance with the terms and
restrictions as set forth in this Agreement and the ordinances, rules and regulations of the
Temecula Valley Unified School District governing the use of school facilities for
education purposes. :
3. Term of Agreement. The term of this Agreement shall be for a
period of forty (40) years beginning May 7, 2002 and shall terminate April 30, 2042;
provided, however, that this Agreement may be amended at any time by mutual consent
of both parties.
4. Apportionment of Use of Property by City and District. The
Property shall be used for Crowne Hill Elementary School's purposes by the District
during the hours of 8:00 a.m. to 3:30 p.m., Monday through Friday except on School
Holidays, and during such other hours as are required to carry out normal school
purposes, including activities scheduled pursuant to the District's calendar of events,
which calendar shall be prepared and sent to the City prior to the beginning of each
school year. At all other times, the Property shall be used for public park proposes by the
City and subject to such park roles and regulations for the use of the park as the City may
enact. Because of the elevation constraints of the Crowne Hill Elementary School site,
the school's fields, hardcourt play areas, and parking lot areas will not be available for
public park purposes. City will limit public park activities at Crowne Hill Park to only
those activities which can reasonably be supported within the Crowne Hill Park facilities
and parking alone.
5. Improvement of the Property. The City will construct and install
the turf and concrete areas on the Property at it's sole cost and expense. In constructing
such facilities City shall comply with all applicable federal and state laws in connection
with its construction and installation of the improvements, including the California
Environmental Quality Act. The turf and concrete areas are exempt from the provisions
of the Field Act under Education Code Section 17368. The District will construct and
install all fencing and gates (of a type and location to be approved by the City's Director
of Community Services) which may be required by the District for student security
purposes during periods of the school's use of the Property.
6. City Maintenance Responsibilities. During the term of this
Agreement, the City shall, at its sole expense, perform all maintenance on the Property
and the improvements which are to be constructed upon the Property pursuant to the
terms of this Agreement (except for the fencing and gates installed by the District), in
accordance with reasonable maintenance standards and schedules approved by the City's
Director of Community Services and the District's Director of Maintenance and
Operations. The fencing and gates installed by the District shall be maintained by the
District at its sole expense.
7. Not Used
8. Indemnification
a. City agrees to hold harmless, defend, and indemnify District
against all actions, claims, or demands for injury, death, loss or damages,
-2-
regardless of fault or cause, by anyone whomsoever (except where such injury,
death, loss, or damage was solely due to the negligent acts or omissions of
District, its agents, servants, or employees), whenever such injury, death, loss or
damage is a consequence of, or arises out of, or is incidental to, the use or
maintenance of the Property by City or any .other persons or parties (other than
District) authorized to so use or maintain the Property by City pursuant to this
Agmement.
b. District agrees to hold harmless, defend, and indemnify City
against all actions, claims, or demands for injury, death, loss, or damages,
regardless of fault or cause, by anyone whomsoever (except where such injury,
death, loss, or damage was solely due to the negligent acts or omissions of City,
its agents, servants, or employees), whenever such injury, death, loss, or damage
is a consequence of, or arises out of, or incidental to, the use of the Property by
District or any other persons or parties (other than City) authorized to so use the
Property by District pursuant to this Agreement.
9. Defaults and Remedies
a. Subject to the extensions of time as approved in writing by a party,
failure or delay by either patty to perform any term or provision of this
Agreement constitutes a default under this Agreement. A party claiming a default
(claimant) shall give written notice of default to the other party, specifying the
default complained of.
b. The claimant shall not institute proceedings against the other party
nor be entitled to damages if the other party within fourteen (14) days from
receipt of such notice immediately, with due diligence, commences to cure,
correct or remedy such failure or delay and shall complete such cure, correction or
remedy within thirty (30) days from the date of receipt of such notice. Such cure,
correction and remedy shall include payment of any costs, expenses (including
attorney fees) or damages incurred by the non-defaulting party resulting from the
default or during the period of default.
c. Except as otherwise expressly stated in this Agreement, the rights
and remedies of the parties are cumulative, and the exercise by either party of one
or more of such fights or remedies shall not preclude the exercise by it, at the
same or different times, of any other fights or remedies for the same default or
any other default by the other party.
d. Any failure or delays by either party in asserting any of its rights
and remedies as to any default shall not operate as a waiver of any default or of
any such rights or remedies, or deprive either such party of its right to institute
and maintain any actions or proceedings which it may deem necessary to protect,
assert or enforce any such rights or remedies.
-3-
e. If a default is not fully cured by the defaulting party as provided in
this Paragraph, the defaulting party shall b~ liable to the other party for any
damages caused by such default, and the nondefaulting party may thereafter (but
not before) commence an action for damages against the defaulting party with
respect to such default.
f. If a default under this Agreement is not fully cured by the
defaulting party as provided in this Section, the nondefaulting party at its option
may thereafter (but not before) commence an action for specific performance of
terms of this Agreement.
g. In the event 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 attorney fees and litigation
expenses for the relief granted.
10. Force Ma[eure. Except as otherwise expressly provided in this
Agreement, if the performance of any act required by this Agreement to be performed by
either District or City is prevented or delayed by reason of any act of God, strike, lockout,
labor trouble, inability to secure materials, restrictive governmental laws or regulations,
or any other cause (except financial inability) not the fault of the party required to
perform the act, the time for performance of the act will be extended for a period
equivalent to the period of delay and performance of the act during the period of delay
will be excused. However, nothing contained in this Section shall excuse the prompt
payment by a party as required by this Agreement or the performance of any act rendered
difficult or impossible solely because of the financial condition of the party required to
perform the act.
11. Notices to Parties. Written notices, demands and communications
among the District and City, shall be sufficiently given by personal service or dispatched
by registered or certified mail, postage prepaid, return receipt requested, to the principal
offices of the District or City as follows:
District:
Temecula Valley Unified School District
31350 Rancho Vista Road
Temecula, California 92592
Attention: Superintendent
City:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
-4-
Such written notices, demands and communications may be sent in the same manner to
such other addresses as either party may from time to time designate by mail as provided
in this Section.
12. Agreement Binding on Successors. This Agreement shall be
binding on and shall inure to the benefit of the successors and lawful assigns of the
parties hereto.
13. Assignment. Neither Party shall assign or transfer this Agreement
or any portion thereof without the prior written consent of the other party; provided,
however, that City may assign all or part of the benefits and obligations of this
Agreement to the Temecula Community Services District withou[ further consent of the
District.
14. Sole and Only Agreement. This Agreement constitutes the sole
and only agreement between District and City respecting the joint use of the Property for
school and park purposes. Any agreements or representations, either oral or written,
respecting the matters discussed in this Agreement pertaining to the Property which are
not expressly set forth in this Agreement are null and void.
15.
of this Agreement.
Time of Essence. Time is expressly declared to be of the essence
16. Authority to Execute. EaCh person executing this agreement
expressly warrants and represents that he or she has the authority to execute this
Agreement on behalf of his or her governmental entity and warrants and represents that
he or she has the authority to bind his or her entity to the performance of its obligations
hereunder.
17. Insurance. Each party to this Agreement shall carry public
liability insurance in a reasonable amount satisfactory to the other party to protect itself
and the other party, its officers, agents, servants, and employees, against claims for
damage to persons and/or property, including death, arising from that party's use of the
Property as provided in this Agreement. The form of the insurance shall be satisfactory
to the other party and may include self-insurance at levels reasonably acceptable to the
other party.
-5-
IN WITNESS WHEREOF this Agreement has been executed by the
authorized representatives of the parties hereto.
TEMECULA VALLEY UNIFIED
SCHOOL DISTRICT
President of School Board
Attest: ~z'
S~ry to the School Board
CITY OF TEMECULA
Jef~'e~ E: Stone
Mayor
Attest:
Susan Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorsen //
City Attorney
-6-
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
DECEMBER 17, 2002
A regular meeting of the City of Temecula Community Services District was called to order at 7:16
P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President
Stone presiding.
ROLL CALL
PRESENT: 4 DIRECTORS: Comerchero, Naggar, Pratt, Stone
ABSENT: 1 DIRECTORS: Roberts
Also present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of December 10, 2002.
2 Financial Statements
RECOMMENDATION:
2.1 Receive and file the Financial Statements for the three months ended
September 30, 2002.
MOTION: Director Comerchero moved to approve Consent Calendar Item Nos. 1 and 2. The
motion was seconded by Director Pratt and voice vote reflected approval with the exception of
Director Roberts who was absent.
DEPARTMENTAL REPORT
No additional comments.
DIRECTOR OF COMMUNITY SERVICES REPORT
No comment.
Minutes.csd\121702 I
GENERAL MANAGER'S REPORT
General Manager Nelson commended the Community Services Department on a job well done.
BOARD OF DIRECTORS' REPORTS
No additional comments.
ADJOURNMENT
At 7:16 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, January 14, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park
Drive, Temecula, California.
Jeffrey E. Stone, President
A'I-I'EST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
Minutes.csd\121702 2
ITEM 2
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC~?~_
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Shawn D. Nelson, General Manager
Susan W. Jones
City Clerk/Director of Support Services
January 14,2003
Ratification of Election Results - Tract No. 23209
PREPARED BY: Cheryl Domenoe, Administrative Secretary
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. CSD 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY
OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING
THE FACT OF THE SPECIAL TEMECULA COMMUNITY
SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON
JANUARY 6, 2003 DECLARING THE RESULTS AND SUCH
OTHER MA'FI'ERS AS PROVIDED BY LAW
BACKGROUND: At the meeting of November 12, 2002, the Board of Directors adopted
Resolution No. CSD 02-10, which called for a Special Election to be held among the property
owners of the parcels within Tract No. 23209. The purpose of this election was to establish Service
Level B, Service Level C, and Service Level D rates and charges for fiscal year 2003-04.
This election was conducted by mail with a final date for acceptance of ballots to be no later than
3:30 p.m. on January 6, 2002. At 4:00 p.m. on that date, the City Clerk acting in her capacity as the
City's Election Official and as the Secretary of the Board of Directors of the Temecula Community
Services District declared the receipt period for receiving ballots closed. At 4:00 p.m., the Elections
Canvassing Board duly appointed and consisting of City Clerk Susan Jones, Deputy City Clerk
Michaela Ballreich and Administrative Secretary Cheryl Domenoe, conducted the canvass of the
results. The results of the votes cast, returned within the time allowed and publicly counted, are
included within the body of the proposed resolution.
Staff recommends adoption of the resolution ratifying the results of this election.
Agenda Reporls\Election CSD Tract 23209 I
FISCAL IMPACT:
election results.
There is no direct fiscal impact as a consequence of the ratification of the
ATTACHMENTS:
Resolution No. CSD 03-
Official Tally of the Votes
Vicinity Map
Agenda Reports\Election CSD Tract 23209 2
RESOLUTION NO. CSD 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE
FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES
DISTRICT MAIL-IN BALLOT ELECTION HELD ON JANUARY 6,
2003 DECLARING THE RESULTS AND SUCH OTHER MA'I-I'ERS
AS PROVIDED BY LAW
WHEREAS, a Special Mail-in Ballot Elect[on was held and conducted in the City of
Temecula, California, on January 6, 2003, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law;
that the special election was for the purpose of obtaining approval by property owners within Tract
No. 23209, for establishment of the annual levy of TCSD Rates and Charges for each affected
parcel as follows: Service Level B, $25.68 per residential parcel; Service Level C, $200.00 per
residential parcel; and Service Level D, $172.56 per occupied residential parcel was properly
established; that election officers were appointed and that in all respects the election was held and
conducted and the votes were cast, received and canvassed and the returns made and declared in
time, form and manner as required by the provisions of the Elections Code of the State of California;
and
WHEREAS, pursuant to Resolution No. CSD 02-10, adopted November 12, 2002, the ballots
were returned to the office of the City Clerk/Secretary of the Temecula Community Services District;
the results were received, canvassed in public and are herein set forth in Section 2.
NOW THEREFORE, THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY
OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the whole number of ballots cast in the homeowners election was one (1)
and the whote number of provisional ballots cast in the election was none (0).
Section 2. That the whole number of ballots cast for establishment of the annual levy for
Service Level B rates and charges at $25.68 per residential parcel; Service Level C rates and
charges, $200.00 per residential parcel; and Service Level D rates and charges, $172.56 per
occupied residential parcel identified on the ballot were as follows:
No Incomplete
0 0
Section 3. The Board of Directors of the Temecula Community Services District does
declare and determine that as a result of the election, a majority of the voters voting on the measure
relating to the establishment of Service Level B, Service Level C and Service Level D Rates and
Charges for Fiscal Year 2003-04 pursuant to Article XIIID, Section 6 of the California Constitution,
did vote in favor of the measure and that the measure was carried, and shall be deemed adopted
and ratified.
R:Resos.CSD'~esos 2003~3- 1
Section 4. The City Clerk/Secretary of the Temecula Community Services District (TCSD)
shall enter in the minutes of the TCSD Board of Directors, a statement of the result of the election,
showing: (1) The whole number of ballots cast in the City; (2) The votes in favor, (3) The votes in
opposition and (4) Those received incomplete.
Section 5. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 14th day of January, 2003.
ATTEST:
Jeff Comerchero, President
Susan W. Jones, CMC
City Clerk/Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk/District Secretary of the Temecula Community Services
District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 03-__ was duly adopted at a
regular meeting of the Temecula Community Services District on the 14th day of January, 2003, by
the following roll call vote.
AYES:
NOES:
ABSENT:
DISTRICT MEMBERS:
DISTRICT MEMBERS:
DISTRICT MEMBERS:
Susan W. Jones, CMC
City Clerk/District Secretary
R:Resos.CSD'~Resos 2003\03- 2
OFFICIAL TALLY OF THE VOTES FOR
TCSD LEVY/SPECIAL TAX
TRACT NO. 23209
BEGINNING FISCAL YEAR 2003/04
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVEL B, PROPOSED RESIDENTIAL STREET LIGHTING
RATES AND CHARGES
Yes No
TOTAL
TOTAL
ELECTION BOARD
Michaela A. Ballreichy~eputy City Clerk
Election Officer
·
Cheryl Dothen~e, Administrative Secretary
Election Officer
R:~ELECTION~ELECTION - GENERAL\CANVASS.DOC
VICINITY MAP
Tract No. 23209
Not to Scale
PROJECT·
SITE
AHERN
HEI'
ITEM 3
APPROVAL~
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
TEMECULA COMMUNITY SERVICES DISTRICT
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Herman D. Parker, Director of Community ServicesJ~-~
Janua~ 14,2003
Loma Linda - Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final -
Service Level C Rates and Charges
PREPARED BY:
Barbara Smith, Management Analyst ~-~-
RECOMMENDATION:
Adopt a resolution entitled:
RESOLUTION NO. CSD 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF
A REPORT WITH RESPECT TO SERVICE LEVEL C RATES AND
CHARGES FOR THE LOMALINDA TRACT BEGINNING FISCAL YEAR
2003-2004 AND SE'I'rING A TIME AND PLACE FOR A PUBLIC HEARING
IN CONNECTION THEREWITH
BACKGROUND: The Temecula Community Services District (TCSD) operates under
the authority of Community Services District Law and provides residential street lighting, perimeter
and slope landscaping maintenance and trash/recycling collection services to numerous residential
subdivisions within the City of Temecula through Service Level "B", Service Level "C" and Service
Level "D'. The boundaries of the TCSD are coterminous with the City, and the City Council also
serves as the Board of Directom of the TCSD.
Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final are a current residential development with 420
residential lots. The development is located on the south side of Pechanga Parkway between Loma
Linda Road and Via Gilberto in the southern section of the City. This development does not have a
Homeowners Association to oversee perimeter landscaping along Pechanga Parkway (formally Pala
Parkway) and on the west side of Via Gilberto. As a result the landscaping standards are varied
along these slope areas.
Due to the construction of a sound wall along Pechanga Parkway and the request of residents to
provide more consistent landscaping along the parkways the City has responded by initiating the
steps to bring the parkways into the TCSD Landscape Maintenance District. These parcels are
currently in Service Level B (Residential Streetlights) and Service Level D (Trash/Recycling
Collection Services). This action in the first step in enrolling this residential development into
Service Level C (Perimeter Landscaping).
R:~smithbkElectionskPeclmaga Parkway~Staff-Notice of Heas~g 14)2.doc 0110312003
The installation of the new landscaping and sound wall along Pechanga Parkway is scheduled to be
completed in January 2004. The annual cost to maintain this landscaping is estimated at $20.00 per
pamel per year. As a result of this schedule the TCSD proposes to assess property owners within
Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final for one half of their annual landscape maintenance
cost for the six (6) months of maintenance services in Fiscal Year 2003-2004. The full landscape
maintenance costs of $20.00 will be assessed beginning Fiscal Year 2004-2005.
Fiscal Year 2003-2004
Service Level C
$10.00 per residential parcel
Fiscal Year 2004-2005
Service Level C
$ 20.00 per residential parcel
Pursuant to the provisions of Proposition 218, the TCSD is required to hold a public hearing and
obtain property owner approval in order to establish certain new rates and charges. In addition, a
report must be prepared and filed with the Secretary/City Clerk which identifies all of the affected
parcels and the amount of the proposed rates and charges. A notice is mailed to all owners of
assessable parcels identifying the proposed rates and charges and date of the Public Headng. The
Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and
charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot
proceeding not less than 45 days after the public hearing. The proposed rates and charges for
Service Level C cannot be imposed unless the new charges are approved by a simple majority of
the returned ballots.
Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report
on the proposed perimeter landscaping and slope maintenance services rates and charges for Tract
Map Nos. 19872-1, -2, -3, -4, -5 and Final beginning in Fiscal Year 2003-2004 and schedule a public
headng concerning this issue for March 11,2003. Staff will then proceed with noticing the owners of
the assessable parcels within Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final regarding the
proposed rates and charges and the public hearing date. If there is no majority protest against the
rates and charges on March 11, 2003 staff will then proceed with the mailed ballot process for
Service Level C.
FISCAL IMPACT: If voter approved the proposed rates and charges of $20.00 per parcel
will generate an annual levy of $8,400.00 for the Service Level C. Actual costs for providing long-
term perimeter landscaping and slope maintenance services within Tract Map Nos. 19872-1, -2, -3, -
4, -5 and Final will be absorbed into Service Level C upon installation of said improvements. The
mailing costs associated with the public notices and ballots, approximately $650.00, and staff time to
complete the election will be absorbed through the TCSD budget.
ATFACHMENTS:
2.
3.
4.
Lorea Linda Tract
TCSD Landscape Maintenance Area
Resolution of Intention
Notice of Public Hearing
R:~mithbkElections~Pechanga Parkway~Staff-Noficc of Hearing 1-02.doc 01103/2003
Loma Linda Tract
Tract 19872
100 0 100 200 Feet
RESOLUTION NO. CSD 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A
REPORT WITH RESPECT TO SERVICE LEVEL C RATES AND CHARGES FOR
THE LOMALINDA TRACT BEGINNING FISCAL YEAR 2003-2004 AND SE'I'TING
A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE
DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS
FOLLOWS:
Section 1. Upon incorporation of the City of Temecula, effective December 1,1989, votem
approved the formation of the Temecula Community Services District ("TCSD"), to provide specified
services to properties within its jurisdiction.
Section 2. The TCSD provides long-term perimeter landscaping and slope landscape
maintenance services in numerous residential developments within the City of Temecula. Pursuant
to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected
rates and charges perimeter landscaping and slope maintenance (Service Level C) services
furnished by it, and has elected to have these rates and charges collected on the tax roll in the same
manner, by the same persons, and at the same time as, together with and not separately from, its
general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6,
inclusive.
Section 3. The TCSD hereby initiates proceedings to provide perimeter landscaping and
slope maintenance services to the lots and pamels shown on Tract Maps Nos. 19872-1. -2.-3, -4, -
5, and -Final (collectively, the "Loma Linda Tract") beginning Fiscal Year 2003-2004. A map
showing the boundaries of the Loma Linda Tract is attached hereto as Exhibit A and incorporated
herein by reference. Pursuant to Government Code Section 61621.2, the TCSD has caused a
written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report
contains a description of the real property and the proposed amount of the Service Level C rates
and charges required for perimeter landscaping and slope maintenance services to be provided to
each lot and parcel within the Loma Linda Tract beginning fiscal year 2003-2004. The TCSD
proposes to collect the rates and charges at the same time, in the same manner, by the same
persons and together with and not separately from, the property taxes collected within the TCSD.
These rates and charges shall be delinquent at the same time and thereafter be subject to the same
delinquency penalties as such property taxes. All laws applicable to the levy, collection, and
enforcement of property taxes, including, but not limited to, those pertaining to the matters of
delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and
charges, except for California Revenue and Taxation Code Section 4831. However, if for the first
year the charges are levied, the real property to which the charge relates has been transferred or
conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has
been created and attaches thereon, prior to the date on which the first installment of such taxes
appear on the roll, then the charge shall not result in a lien against the property, but instead shall be
transferred to the unsecured roll for collection.
Section 4. The Board of Directors hereby acknowledges the filing of the Report, and
appoints the day of March 11,2003 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the
City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the
time and place for the public hearing on the Report and the proposed Service Level C rates and
charges. At the public hearing, the Board of Directors will hear and consider all objections or
pretests, if any, to the Report or to the proposed rates and charges. The Board may continue the
hearing from time to time.
Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the
Report and of the time and place of hearing on the Report pursuant to the requirements of
Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution.
Section 6. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community
Services District this January 14, 2003.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk/District Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTYOF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk/District Secretary for the Temecula Community Services District, do
hereby certify that Resolution No. CSD 03- was duly and regularly adopted by the board of
Directors of the Temecula Community Services District at a regular meeting thereof held on January
14, 2003.
AYES:
BOARD MEMBERS
NOES:
BOARD MEMBERS
ABSENT: BOARD MEMBERS
Exhibit A
CITY OF TEMECULA
LOMALINDA TRACT
TRACT MAP NO. 19872-1, -2, -3, -4, -5 and -FINAL
Loma Linda Tract
Exhibit B
INITIAL LEVY REPORT
Service Level C
Temecula Community Services District (TCSD)
Commencing Fiscal Year 2003-2004
INTENT MEETING:
PUBLIC HEARING:
January 14, 2003
March 11, 2003
INTRODUCTION:
A. The TCSD
Since December 1, 1989, the Temecula Community Services District ('°TCSD") has
provided residential street lighting, perimeters landscaping and slope maintenance, trash
and recycling collection and other services to properties within its jurisdiction. The
boundary of the TCSD is coterminous with the boundary of the City of Temecula ("City").
To fund its services and maintain improvements within its boundaries, the TCSD collects
rates and charges ("Charges"). The TCSD was formed, and Charges are set and
established, pursuant to the Community Services District Law, Title 6, Division 3 of the
California Government Code.
Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed,
revised and collected rates and charges for residential street lighting (Service Level B),
perimeter landscaping and slope maintenance (Service Level C), trash/recycling collection
(Service Level D), and road improvement and maintenance (Service Level R) services
furnished by the TCSD, and has elected to have these rates and charges collected on the
tax roll in the same manner, by the same persons, and at the same time as, together with
and not separately from, its general taxes in the manner prescribed by Government Code
Sections 61765.2 to 61765.6, inclusive. As required by these sections of the Government
Code, the TCSD Board approves an Annual Levy Report each year describing the
proposed rates and charges for that year.
B. This Report
This Initial Levy Report ("Report") is prepared and presented to the Board pursuant to
Section 61621.2 of the Government Code to prescribe Rates and Charges for Service
Level C beginning in FY 2003-2004 for the lots and parcels within the territory known as
the Loma Linda Tract. This territory includes all lots and parcels shown on Tract Map
Nos. 19872-1, -2, -3, -4, -5 and Final.
The Loma Linda Tract includes 443 parcels, 420 of which are residential parcels. This
development is located on the south side of Pechanga Parkway between Loma Linda Road
and Via Gilberto.
PLANS AND SPECIFICATIONS
A. Period Covered By Report
This Report describes rates and charges to be imposed for Fiscal Year 2003-2004.
B. Parcels Affected By This Report
C.
The rates and charges set forth in this Report shall affect all parcels in the Loma Linda
Tract. Such parcels include all parcels shown on the following tract maps:
Tract Map No. 19872-1, Recorded in the Office of the Recorder of Riverside County as
Document No. 261746 in Book 154 of Maps at Pages 7-12.
Tract Map No. 19872-2 Recorded in the Office of the Recorder of Riverside County as
Document No. 261747 in Book 154 of Maps at Pages 13-18.
Tract Map No, 19872-3 Recorded in the Office of the Recorder of Riverside County as
Document No. 273510 in Book 173 of Maps at Pages 80-83.
Tract Map No. 19872-4 Recorded in the Office of the Recorder of Riverside County as
Document No. 273511 in Book 173 of Maps at Pages 84-88.
Tract Map No. 19872-5 Recorded in the Office of the Recorder of Riverside County as
Document No. 105652 in Book 215 of Maps at Pages 19-22.
Tract Map No. 19872- Recorded in the Office of the Recorder of Riverside County as
Document No. 105654 in Book 215 of Maps at Pages 23-27.
Description of Service Levels
Service Level C, perimeter landscaping and slope maintenance services will be provided
to lots and parcels in the Loma Linda Tract in addition to the Service Level B, residential
street lighting and Service Level D, trash/recycling collection services already provided to
these parcels by the TCSD. This report does not detail, and does not affect, existing
Service Level B and D services and rates and charges.
Service Level C, Perimeter Landscaping and Slope Maintenance - includes all developed
single family residential parcels and residential vacant parcels for which the TCSD
provides on-going servicing, operation, and maintenance of perimeter landscaped areas
and slopes within the public fight-of-ways and dedicated easements adjacent to and
associated with each development. The landscaped areas associated with this particular
development include, but are not limited to, perimeter slope and landscaping, as follows:
Within Tract Map Nos. 19872-2, -4 and Final the area within the right-of-way on the
north side of Via Gilberto from Pechanga Parkway to the end of the street adjacent
to Lot 32 within Tract 19872-Final. The District will also maintain the parkway
along the south side of Pechanga Parkway from Loma Linda Road to Via Gilberto.
This is within Tract Map Nos. 19872-1 and -2 and is currently private property.
This area will requke the acquisition by the TCSD of dedicated landscape easements
from the property owners as indicated below:
Tract 19872-1 Lots 1, 5-7, 28-35 (12 lots)
Tract 19872-2 Lots 8, 9, 27, 28, 38 -50 (17 lots)
The cost of providing these services for these areas of slopes and landscaping is estimated
to be $8,400.00 per year.
METHOD OF APPORTIONMENT
The cost to provide services within the Loma Linda Tract wilt be fairly distributed among
each assessable property by the same methods and formulas applied to all parcels within
the various Service Levels of the TCSD.
Thc following is the formula used to calculate each property's TCSD charges and is
applied to Service Level C (Perimeter Landscaping and Slope Maintenance).
Total Balance to Levy/Total Parcels (in Service Level) = Parcel Charge
The following table reflects the levy calculation for each Service Level.
TABLE I
Proposed Service Level Charges
For Loma Linda Tract
Estimated Budget and Charges
SERVICE LEVEL Total Levy Planned Charge Per
Budget Levy Units Levy Unit
Service Level C:
Local Landscaping and
Slopes $8,400.00 420 $20.00*
Rate Level ~ (C-9)
The following shows the methodology used to compute the levy for each parcel affected by this
Report.
A charge is imposed on all residential parcels, whether developed or undeveloped. Parks, open
space areas, easements and non-buildable parcels are not charged.
TABL~ 1I
Parcel Charge Calculation for
Service Level C
Parcel
Property Type Charge Multiplier
Single family residential $20.00* Per Parcel
Single family vacant $20.00* Per Parcel
* Note: For Fiscal Year 2003-2004 only, services will be provided for only six months.
Therefore, the Fiscal Year 2003-2004 levy will be at half of the rate shown.
APPENDIX A - PARCEL LISTING (FY 2003-2004)
The actual parcels subject to rates and charges for Service Level C beginning Fiscal Year
2003-2004 shall be those parcels within the Loma Linda Tract identified on the Riverside
County Secured Roll at the time all TCSD rates and charges are submitted to the County
Auditor/Controller for inclusion on the tax roll for that fiscal year.
The rates and method of apportionment outlined in this Report are consistent with the
rotes and methods previously approved by the TCSD Board of Directors for each
applicable Service Level contained herein. However, all rates and methods described in
this Report are subject to revision and modification within the prescribed parameters of
the law. The actual rates and charges applied on the tax roll each fiscal year shall be
apportioned and submitted according to the rates and method described in the final TCSD
Annual Levy Report presented and approved by the Board of Directors at an annual Public
Hearing.
The following pages encompass a complete listing of all parcels within the Loma Linda
Tract subject to the TCSD Service Level C rates and charges beginning Fiscal Year 2003-
2004. This listing shows the rate and charge that will be charged to each parcel based on
development with a single-family residential unit. The rates and charges applied to each
newly subdivided residential parcel will reflect the services provided and the development
of each respective parcel at the time the rates and charges are applied.
Parcel Listing
Tracts 19872-1, -2, -3, -4, -5 and Final
Fiscal Year 2003-2004
Sewice Fiscal Yr
Lot Number Level C 2003-2004
3 20.00 10.00
4 20.00 10.00
5 20.00 10.00
6 20.00 10.00
7 20.00 10.00
8 20.00 10.00
9 20.00 10.00
10 20.00 10.00
11 20.00 10.00
12 20.00 10.00
13 20.00 10.00
14 20.00 10.00
15 20.00 10.00
16 20.00 10.00
17 20.00 10.00
18 20.00 10,00
19 20.00 10.00
20 20.00 10.00
21 20.00 10.00
22 20.00 10.00
23 20.00 10.00
24 20.00 10.00
25 20.00 10.00
26 20.00 10.00
27 20.00 10.00
28 20.00 10.00
29 20.00 10.00
30 20.00 10.00
31 20.00 10.00
32 20.00 10.00
33 20.00 10.00
34 20.00 10.00
35 20.00 10.00
36 20.00 10.00
37 20.00 10.00
38 20.00 10.00
39 20.00 10.00
40 20.00 10.00
41 20.00 10.00
42 20.00 10.00
43 20.00 10.00
44 20.00 10.00
45 20.00 10.00
01/03/2003
Parcel Listing
Tracts 19872-1, -2, -3, -4, -5 and Final
Fiscal Year 2003-2004
46 20.00 10,00
47 20,00 10.00
48 20.00 10.00
49 20.00 10.00
50 20.0~ 10.0~
51 20.0~ 10.0~
52 20.0~ 10.0~
53 20.0~ 10.00
54 20.0~ 10.00
55 20.0(; 10.0~
56 20,0C 10.0~
57 20.0C 10.0C
58 20.0(; 10.0(;
59 20.0(; 10.OC
60 20.0C 10.0C
61 20.0( 10.0(
62 20.0( 10.0(
63 20.0( 10.0(
64 20.0( 10.0(
65 20.0( 10.0(
66 20.0( 10.0(
67 20.00 10.0(
68 20.00 1
69 20.00 10.00
70 20.00 10.00
71 20.00 10,00
72 20.00 10.00
73 20.00 10.00
74 20.00 10.00
75 20,00 10.00
76 20.00 10.(30
77 20.00 10.00
78 20.00 10.00
79 20,00 10.00
80 20.00 10.00
81 20.00 10.00
82 20.00 10.00
83 20.00 10.00
84 20.00 10.00
85 20.00 10.00
86 20.00 10,00
87 20.00 10.00
88 20.00 10.00
89 20.00 10,00
90 20.00 10.00
91 20.00 10.00
92 20,00 10,00
93 20.00 10.00
94 20.00 10.00
95 20.00 10.00
96 20.00 10.00
97 20.00 10.00
98 20.00 10.00
99 20,00 10.00
100 20,0~ 10.00
101 20.00 10.00
102 20.0(~ 10.0~
103 20.00 10.00
2 01/03/2003
Parcel Listing
Tracts 19872-1, -2, -3, -4, -5 and Final
Fiscal Year 2003-2004
I 20.0C 10.0(
2 20.0C 10.0(
3 20.0C 10.0C
4 20.0C 10.0C
5 20.0C 10.0C
6 20,0C 10.0C
7 20.0C 10.OC
8 20.0C 10.0C
9 20.0C 10.0C
10 20.0C 10.OC
11 20.0C 10.0(
12 20.0C 10.0C
13 20.0( 10.OC
14 20.0C 10.0(
15 20.0C 10.OC
16 20.0C 10.00
17 20.0C 10.00
18 20.0C 10.00
19 20.0C 10.00
20 20.0C 10.00
21 20.0( 10.00
22 20.0C 10.00
23 20.0C 10.00
24 20.0C 10.00
25 20.0( 10.00
26 20.0( 10.00
27 20.00! 10.00
28 20,00 10.00
29 20.00 10.00
30 20.00 10.00
31 20,00 10.00
32 20.00 10.00
33 20.0C 10.00
34 20.00 10.00
35 20,00i 10.00
36 20.00 10.00
37 20.00 10.00
38 20.00 10.00
39 20.00 10.00
40 20.00 10.00
41 20.00 10.00
42 20,00 10.00
43 20.00 10,00
44 20.00 10.00
45 20.00 10.00
46 20,00 10.00
47 20.00 10.00
48 20.00 10.00
49 20.00 10.00
3 01/03/2003
Parcel Listing
Tracts 19872-1, -2, -3, -4, -5 and Final
Fiscal Year 2003-2004
50 20.0C 10.0(
51 20.0C 10.00
52 20.0( 10.00
53 20.0( 10,00
54 20.0C 10.00
55 20.0( 10.00
56 20.0( 10.00
57 20.0( 10.00
58 20.00~ 10.00
59 20.00 10.00
60 20.00 10.00
61 20.00 10.00
62 20.00 10.00
63 20.00 10.00
64 20.00 10.00
65 20.00 10.00
66 20.00 10.00
67 20.00 10.00
68 20.00 10.00
69 20.00 10.00
70 20.00 10.00
71 20.00 10.00
72 20.00 10.00
73 20.00 10.00
74 20.00 10.00
75 20.00 10.00
76 20.00 10.00
77 20.00 10.00
78 20.00 10.00
79 20.00 10.00
80 20.00 10.00
81 20.00 10.00
82 20.00 10.00
83 20.00 10.00
84 20.00 10.00
85 20.00 10.00
86 20.00 10.00
4 01/03/2003
Parcel Listing
Tracts 19872-1, -2, -3, -4, -5 and Final
Fiscal Year 2003-2004
1 20.0(3 10.0C
2 20.0(3 10.0~
3 20.00 10,0C
4 20.00 10.0(~
5 20.00 10.0C
6 20.00 10.0{~
7 20.00 10.0(~
8 20.00 10.0(~
9 20.00 10.0(~
10 20.00 10.0(3
15 20,00 10.0(~
16 20.00 10.0~
17 20.00 10.0~
18 20.00 10.0~
19 20.00 10.0~
20 20.00 10.0~
21 20.00 10.0~
22 20.00 10,0~
23 20.00 10.0(3
24 20.00 10.00
25 20.00 10.0~
26 20.00 10.0(3
27 20.00 10.00
28 20.00 10.00
29 20.00 10.0(3
30 20.00 10.00
31 20.00 10.00
32 20.00 10.0(3
33 20.00 10.00
34 20.00 10.00
35 20.00 10.00
36 20.00 10.00
37 20.00 10.0(3
38 20.00 10.00
39 20.00 10.00
40 20,00 10.00
41 20.00 10.00
42 20.00 10,00
43 20.00 10.00
44 20.00 10.00
48 20.00 10.00
49 20.00 10.00
50 20.00 10.00
51 20.00 10.00
52 20,00 10.00
53 20,00 10.00
54 20.00 10.00
55 20.00 10.00
56 20.00 10.00
57 20.00 10.00
58 20.00 10.00
59 20.00 10.00
60 20.00 10.00
5 01/03/2003
Parcel Listing
Tracts 19872-1, -2, -3, -4, -5 and Final
Fiscal Year 2003-2004
1 20.0( 10.00
2 20,0( 10.0(
3 20.0( 10.O0
4 20,0( 10.00
5 20.0( 10.00
6 20,0( 10.00
7 20,0( 10.00
8 20.0( 10.00
9 20,0( 10.00
10 20.0( 10.0(
11 20.0( 10.00!
12 20.0C 10.00!
13 20.0( 10,0(
14 20.0( 10,0(
15 20.0( 10.0(
16 20.0( 10.0(
17 20.0( 10.0C
18 20.0( 10.0C
26 20.0( 10.0(
27 20.0( 10.0C
28 20.0C 10.0C
29 20.0C 10.0C
30 20.0C 10.0C
31 20.0( 10.0(
32 20.0C 10.0(
33 20.0( 10.0(
34 20.0( 10.0(
35 20.0( 10.0C
36 20.0( 10.0~
37 20,0( 10.0C
38 20,0( 10.0(
39 20,0(; 10.0(
40 20.0 10.OC
41 20.0C 10.0C
6 01/03/2003
Parcel Listing
Tracts 19872-1, -2, -3, -4, -5 and Final
Fiscal Year 2003-2004
43 20.0(; 10.0(
44 20.0~ 10.0(
45 20.0~ 10.0(
46 20.0C 10.0(
47 20.0C 10.0(
52 20.(~ 10.0(
53 20.0~ 10.0(
54 20.0C 10.0(
55 20.0C 10.0(
56 20.0C 10.0(
57 20.0( 10,0(
58 20.0( 10,0(
59 20.0( 10.0(
60 20.0( 10.0(
61 20.0( 10.0(
64 20.0(; 10.0(
65 20.0( 10.0(
66 20.0( 10.0(
67 20.0( 10,0(
68 20,0( 10,00
69 20,0( 10.00
70 20.0( 10.00
71 20.0( 10,00
72 20.0( 10.00
73 20.0( 10.00
74 20.0( 10.00
75 20.0( 10.00
76 20.0( 10.00
77 20.0( 10.00
78 20.0( 10.00
7 01/03/2003
Parcel Listing
Tracts 19872-1, -2, -3, -4, -5 and Final
Fiscal Year 2003-2004
2 20.0C 10.00~
3 20.0C 10.00
4 20.0C 10.00
5 20.0C 10.00
6 20.0C 10.00
7 20.0C 10.00
8 20.0C 10.00
9 20.0( 10.00
10 20.0C 10.00
11 20.0( 10.00
12 20.0 10.00
13 20,0( 10.00
14 20.0( 10.00
15 20,0( 10.00
16 20.0C 10.00
17 20.00 10.00
18 20.00 10.00
19 20.00 10.00
20 20.00 10.00
21 20.00 10.00
22 20.00 10.00
23 20.00 10.00
24 20,00 10,00
25 20.00 10,00
26 20.00 10.00
27 20.00 10.00
28 20.00 10.00
29 20.00 10.00
30 20.00 10.00
31 20.00 10.00
32 20.00 10.00
33 20.00 10.00
34 20.00 10.00
35 20.00 10.00
36 20.00 10.00
37 20.00 10.00
38 20,00 10.00
39 20.00 10.00
40 20.00 10.00
41 20.00 10.00
42 20.00 10.00
43 20.00 10.00
44 20.00 10.00
45 20.00 10.00
46 20.00 10.00
47 20.00 10.00
48 20.00 10.00
49 20.00 10.00
50 20.00 10.00
51 20.00 10.0~
52 20,00 10,0~
53 20,00 I0,0(~
54 20.00 10,0(~
55 20.00 10,0(~
56 20.00 10.00
57 20,00 10,OC
58 20.00 10,0C
59 20.0(~ 10.0C
60 20.00 10.0C
8 01/03/2003
Parcel Listing
Tracts 19872-1, -2, -3, -4, -5 and Final
Fiscal Year 2003-2004
I 20.00 10.00
2 20.00 10.0(~
3 20.00 10.00
4 20.00 10.0~
5 20.00 10.OC
6 20.00 10.OC
7 20.00 10.0~
8 20.00 10.00
9 20.00 10.0~
I0 20.00 10.0(~
11 20.00 10.0(~
12 20.00 10.0(~
13 20.00 10.0(~
14 20.00 10.0(~
15 20,00 10.0(~
16 20.00 10.0(~
17 20.00 10.0(~
18 20.00 10.0~
19 20.00 10.0(~
20 20.00 10.0(~
21 20,00 10,0~
22 20,00 10.0(~
23 20.00 10.0(~
24 20.00 10,0(~
25 20.00 10.0(~
26 20,00 10,0(~
27 20.00 10,0(~
28 20,00 10.0(~
29 20,00 10.0(~
30 20.00 10.0~
31 20.00 10.0~
32 20.00 10.0(~
33 20.00 10.0(~
34 20.00 10.OC
35 20.00 1
36 20.00 10.0¢
37 20.00 10.0~
38 20.00 10.OC
39 20.00 10.OC
40 20.00 10.0(~
41 20,00 10.0(~
42 20.0(3 10.0(~
43 20.00 10.0~
44 20.0(3 10.0(~
45 20.00 10.0(~
46 20.00 10.0(~
47 20.00 10.0(~
48 20.00 10.0(~
49 20.00 10.0(~
50 20.00 10.0(~
51 20.0(3 10.0(~
52 20.00 10,0(~
53 20.00 10.OC
54 20.1~ 10.0C
55 20.0~ 10.0~
9 01/03/2003
NOTICE OF PUBLIC HEARING
TEMECULA COMMUNITY SERVICES DISTRICT
PROPOSED ESTABLISHMENT OF SERVICE LEVEL C RATES AND CHARGES AGAINST
RESIDENTIAL LOTS AND PARCELS FOR PERIMITER LANDSCAPING AND SLOPE MAINTENANCE
LOMALINDA TRACT
The Temecula Community Services District (TCSD) has initiated proceedings to establish rates
and charges for perimeter landscaping and slope maintenance services (Service Level C) proposed to be
provided to residential parcels in the area commonly known as the Loma Linda Tract. If these rates and
charges are adopted, each residential parcel in the located in the area shown on the reverse side of this
notice will be subject to annual rates and charges in an amount not to exceed $20.00 per year. These
rates and changes will be collected annually along with property taxes and are in addition to any rates and
charges currently levied by the TCSD.
The purpose of the rates and charges will be to finance the operation, maintenance, utility costs,
improvements, and administration of perimeter landscaping and slope maintenance areas to be acquired
by the TCSD along Pechanga Parkway and Via Gilberto. The annual charge will be calculated by dividing
the total estimated cost of these services by the number of residential lots and parcels subject to the rate
and charge. Because services will not be previded until the second half of fiscal year 2003-2004, it is
proposed that, in that initial year, the rates and charges not exceed $10.00 per year per parcel.
In accordance with Section 61621.2 of the California Government Code, the TCSD has caused a
written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a
description of the parcels that will be subject to the rate and charge and the proposed amounts of the
annual rates and charges for such parcels. For more information about the proposed rates and charges,
and about the proposed services to be provided, reference is made to the report, which may be viewed
during the business day at the Office of the City Clerk, City Hall, 43200 Business Park Drive, Temecula,
California, 92590.
The TCSD Board of Directors will conduct a public hearing at the following date, time and location
on the Report and the proposed imposition of rates and charges:
Date:
Time:
Location:
March 11, 2003
7:00 p.m.
City Council Chambers
City Hall
43200 Business Park Drive
Temecula, California 92590
At the public hearing, the City Council and TCSD Board of Directors will hear and consider all
objections or protests, if any, to the Report and to the proposed rates and charges. Any property owner
may file with the City Clerk a written protest against the rates and charges at any time prior to the
conclusion of the public hearing.
If you have any questions about this notice or the proposed rates and charges, please do not
hesitate to contact the TCSD at (909) 694-6480.
R:\smitkb\Elections\Pechanga Parkway\Notice of Public Hearing 2.DOC
Loma Linda Tract
ITEM 4
APPROVAL
CITY A'I-I'ORN EY
DIRECTOR OF FIN,~C:~E
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
Board of Directors
Herman D. Parker, Director of Community Services~
January 14, 2003
Wolf Creek Sports Complex Master Plan
PREPARED BY:
Cathy McCarthy, Development Services Administratorc/-,''~
RECOMMENDATION: That the Board of Directors:
1. Approve in its substantial form the conceptual master plan for the 43 acre Sports
Complex in the Wolf Creek Development.
2. Award a contract of $621,500 to RJM Design Group for the preparation of construction
documents plus a 10% contingency of $62,150 for the project.
3. Authorize release of a formal public bid for the Sports Complex project.
BACKGROUND: On May 23, 2000 the Board of Directors awarded a contract to
RJM Design Group to develop a conceptual master plan for the Northwest Sports Complex. At
this time the City owned property on Diaz Road and Dendy Parkway, which was the location for
the proposed park site. Through negotiations with the developer of the Wolf Creek project, this
park site eventually moved to the Wolf Creek Development and expanded from 32 acres to 40
acres. After further negotiations with the developer in 2001, an additional 3 acres was added for
a total of 43 acres. The current location for the facility is at the corner of Pechanga Parkway
and Deer Hollow Road.
RJM Design Group led a design committee through a series of workshops, tours and community
input process to develop a concept for the sports park master plan. The committee consisted of
Council Members Jeff Stone and Jeff Comerchero, Community Services Commissioners Tom
Edwards and Janet York, Presidents of Little League, Pony Colt, Pop Warner Football, Youth
Soccer and staff. In addition, a community workshop was held on April 7, 2001 and the entire
community was invited to provide input and suggestions regarding the amenities to be included
in this facility.
At the conclusion of this design process, the design committee is recommending that the facility
include 4 lighted ball fields; 4 lighted soccer fields; 4 lighted basketball courts; concession stand;
restrooms; maintenance building; tot lot/playground; approximately 460 parking spaces; picnic
areas; barbecues; benches; drinking fountains and walkways. Staff has also explored the
possibility of installing synthetic tud on the four soccer fields. This concept was met with great
support from our local soccer officials. It would be our intent to install a high quality synthetic
turf on these fields, which would provide a soccer complex like no other in the State of
California.
This project was included in the environmental impact analysis contained in the Wolf Creek
Environmental Impact Report and is consistent with the conceptual plan contained in the Wolf
Creek Specific Plan. Pursuant to Section 15162(a) of the CEQA Guidelines, once the impacts
of a project have been evaluated in a certified environmental impact report, no additional
analysis is necessary unless the project has substantially changed or impacts not previously
known are identified.
Staff has worked closely with the Temecula Valley Unified School District to ensure that the
facility interfaces well with the adjacent proposed high school, which is located on the south side
of Deer Hollow Road. We have also discussed with the school district a joint use agreement for
parking and athletic facilities.
In conclusion, staff, the design committee and the consultant feel we have designed an
outstanding sports complex that would serve the residents of Temecula for many years.
FISCAL IMPACT: This project is approved in the current Capital Improvement Program with
funding totally $13,963,370. The contract for design development, which is attached, is
$621,500 plus a 10% contingency. The amount allocated for construction is $11,960,000, which
includes $2,500,000 for the synthetic turf soccer fields.
A'I-rACHMENTS:
1. Sports Park Master Plan
2. Sports Park Perspective Illustration
3. Consultant Services Agreement and Scope of Work
RESIDENTIAl.
ILLUSTRATIVE PLAN
SPORTS P~ ~STER PLAN
CITY OF TE~CULA
~RJM
DESIGN GROUPj INC
AGREEMENT
FOR CONSULTANT SERVICES
SPORTS COMPLEX PROJECT
THIS AGREEMENT is made and effective as of January 14, 2003, between the City
of Temecula Community Services Department ("TCSD") and RJM Desi,qn Group, Inc.
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the padies
agree as follows:
1. TERM. This Agreement shall commence on January 14~ 2003, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
June 30, 2005, unless sooner terminated pursuant to the previsions 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
B.
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 TCSD, 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 TCSD 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 Six Hundred
Twenty-One Thousand Five Hundred Dollars and No/100 (~;621,500) plus Sixty-Two Thousand
One Hundred Fifty Dollars and No Cents (~62,150) as a 10% contingency for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time TCSD's written authorization is given to Consultant for the
performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement or $25,000.00, but in no event shall the total sum of the agreement (basic agreement
amount and contingency amount) exceed twenty -five thousand dollars ($25,000.00). Any additional
work in excess of this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all nondisputed fees. If the TCSD 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 TCSD may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the TCSD 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 TCSD
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 TCSD. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the TCSD 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, TCSD 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 TCSD 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 TCSD that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
Uod~ted 212101
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of TCSD or
its designees at reasonable times to such books and records, shall give TCSD the right to examine
and audit said books and records, sha~l permit TCSD 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, sha~l be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the TCSD
and may be used, reused or otherwise disposed of by the TCSD without the permission of the
Consultant. With respect to computer files containing data generated for the work, Consultant shall
make available to the TCSD, upon reasonable written request by the TCSD, 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 written consent of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the TCSD, 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 TCSD, its officers, agents and employees
may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of
or in any way related to the performance or non-performance of this Agreement, excepting only
liability arising out of the negligence of the TCSD.
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.
(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.
Uodeted 212101
(4)
Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
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:) One million dollars ($1,000,000) per
claim and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the 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 TCSD, 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 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 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 TCSD, 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 TCSD, its
officers, officials, employees and volunteers. Any insurance or self-
insured maintained by the TCSD, its officers, officials, employees or
volunteers shatl 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 TCSD, its officers, officials, employees or volunteers.
lJodaled 2/2/01
(4)
(5)
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.
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 TCSD.
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 TCSD. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the TCSD 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 TCSD. All endorsements are to be received and approved by the TCSD
before work commences. As an alternative to the TCSD'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.
41. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the TCSD 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 TCSD
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 TCSD. Consultant
shall not incur or have the power to incur any debt, obligation or liability whatever against TCSD, or
bind TCSD 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, TCSD shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for TCSD. TCSD 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 TCSD, 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.
53. 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 TCSD'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
Undated 2/2/01
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 TCSD. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives TCSD notice of such court order or subpoena.
b. Consultant shall promptly notify TCSD should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena1 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 TCSD. TCSD retains the
right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with TCSD and to provide TCSD with the
opportunity to review any response to discovery requests provided by Consultant. However, TCSD's
right to review any such response does not imply or mean the right by TCSD to control, direct, or
rewrite said response.
64. 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 TCSD:
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:
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
75. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior wdtten consent of the
TCSD. 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.
87. GOVERNING LAW. The TCSD 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
Uodaled 2/2/01
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 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 TCSD 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 TCSD in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA TCSD
Jeff Comerchero, President
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
RJM Design Group, Inc.
Robert J. Mueting
President
Larry P. Ryan
Secretary
Updated 2/2/01
EXHIBIT A
TASKS TO BE PERFORMED
Updated 2/2/01
~xulBIT A
RJM
DESIGN GROUP, INC.
PLANNING AND LANDSCAPE ARCHITECTURE
I of 8
January 6, 2003
Mr. Herman Parker,
Director of Community Se~wice
CiTY OF TEMECULA
43200 Business Park Drive
Temecula, CA 92589-9033
Re:
City of Temecula - Sports Complex
Design Development & Construction Documents
PROPOSAL FOR PROFESSIONAL DESIGN SERVICES
Dear Herman:
We have prepared a scope of work and fee proposal for the City of Temecula - Sports Complex,
approximately 43-acres on Pechanga Parkway, to include Design Development and Construction
Documents. As you review the enclosed, please do not hesitate to call should additional
intbrmation or clarification be required.
it is our understanding that the proposed Sports Complex Master Plan will have the following
goals, progran-t and uirection:
This project will be constructed on the existing 43-acre vacant parcel on Pechanga
Parkway in the City of Temecula.
This proposal includes providing preliminary design, preparation of Design Development
Plans, and preparation of Construction Documents based upon approved Master Plan
dated September 19, 2002.
The specific program elements for the base bid will include:
E.
F.
G.
H.
I.
J.
(1) Championship Ballfield
(3) Ballfields
(4) Soccer Fields to include rough grading only (construction document for
artificial turf to be a separate design / build process to be completed by others)
Sport Field Lighting (Ballfields and Soccer)
Restroom / Concession Building
Mainteoance Office and Yard
Playground at the Soccer Fields
Picnic Areas
Parking Lots
Walkways
31591 CAMINO CAPISTRANO · SAN JUAN CAPISTRANO, CALIFORNIA 92675 · (949) 493-2600 · FAX (949) 493-2690
2398 FAIR OAKS BLVD., SUITE lB · SACRAMENTO, CALIFORNIA 95825 · (916) 974-7050 · FAX (916) 974-7049
2of8
Mr. Herman Parker
Page Two
January 6, 2003
Bid Alternate Items will include:
(4) Lighted Basketball Courts
Picnic Shade Structure at Soccer Fields
Bleacher Shade Structures at Ballfields
Cast-In-Place Concrete Scorer's Table
Thank you again for the opportunity to continue working with you, the rest of your staff, and the
City of Temecula, on this important contribution to the commmfity's recreational amenities.
With Best Regards,
Robert Mueti,,ffg, AIA, ASI~A
3of8
TEMECULA SPORTS COMPLEX
PART 1: CONSTRUCTION DOCUMENTS
PHASE 1.0 - PRELIMINARY DESIGN
Kick-offmeeting with City staffto review approved Master Plan and coordinate off-site
utility connections.
Review all base information previously provided by the City. Prepare base plan from
aerial topographic survey at 1" = 20' scale with 1' contour intervals. (Title report /
boundary survey to be provided by the City)
Prepare preliminary architectural design for restroom/concession building and
maintenance building. Preliminary design will include schematic design layout for
potential future full service kitchen. Should the City decide to provide a full service
kitchen facility (not m current budget) we will provide a separate proposal to include
preparation of design development/construction documents and Health Department plan
check submittal.
Review site plan and Preliminary Grading Concept prepared previously for entire Master
Plan area.
Meet with City representatives to review Master Plan grading concept, architectural
design for restroom/concession building and maintenance building, and preliminary
statement of probable construction costs.
MEETINGS: (1)- Kick-offmeeting
(1)- Meeting to review preliminary design
PRODUCTS: Aerial topography survey; preliminary architectural design for restroom /
concession building and maintenance building; preliminary statement of
probable construction costs
PHASE 2.0 - DESIGN DEVELOPMENT
Prepare all Design Development Plans and cost analysis based upon the approved Master Plan
and preliminary design documents in order to fix and describe the scope and character of the
entire Project, including landscape architectural, architectural, civil, structural, and electrical
systems, materials and such other elements as may be appropriate. Consideration shall be given
to availability of materials, equipment and labor, construction sequencing and scheduling,
economic analysis of construction, user safety and maintenance requirements, and energy
conservation. Final selection of materials, textures, and colors shall occur.
Prepare design development plans relative to tire site, architectural, structural, electrical,
and civil engineering associated with the proposed project to include site and floor plans,
exterior elevations and facilities.
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B. Prepare conceptual grading, drainage, sewer, and utilities.
C. Update earthwork take offs.
D. Prepare probable estimates of construction costs per square foot.
E. Conduct staff meeting to review design development prior to construction drawings.
MEETINGS: (1)- Meeting to review design development package
PRODUCTS: Design development plans; materials and color samples; building floor
plans and elevations; grading, drainage, sewer, and utility plans; earthwork
calculations; design development statement of probable construction costs
PHASE 3.0 - CONSTRUCTION DOCUMENTS
This phase of the project consists of the preparation of the construction documents to
include final drawings, specifications, calculations, and final cost estimates. Our proposal
includes complete landscape, architectural and engineering services required to execute the
project. Construction drawings will be submitted at 50% complete lbr review, revised, submitted
again at 90% complete for review, revised, and finally 100% complete construction drawings
will be submitted for city review and approval. At each step of construction drawing submittal, a
revised cost estimate will also be submitted. Upon approval of construction drawings, the
consultant will provide the city with original reproducible wet signed mylars of the approved
construction drawings.
Specifically, we have included the following disciplines.
A. Landscape Design/Documentation
Services during the Construction Documents Phase consist of preparation of
drawings and specifications based on approved Design Development Documents,
setting forth in detail the landscape requirements for the project including:
1. Site Construction/Layout Plans
2. Landscape Construction Details
3. Planting Plans
4. h-rigation Plans
B. Civil Design/Documentation
Services during the Construction Document Phase consist of preparation of final
civil engineering calculatioos, Drawings and Specifications based on approved
Design Development Documents, setting forth in detail the civil construction
requirements for the Project.
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1. Prepare precise grading plans.
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2
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2. Prepare earthwork quantity calculations and cost estimate. Calculations to
include remedial grading quantities, bulking and shrinkage as recommended
by soils engineer. (structural soils report to be provided by the City).
3. Prepare on-site area drain plan for nuisance flows.
4. Prepare erosion control plan.
5. Prepare on-site sewer system and water system plans.
6. Prepare on-site hydrology analysis and mapping.
7. Prepare horizontal control plan.
8. Prepare final quantities and earthwork calculations.
Electrical Design/Documentation
Final drawings and specifications shall be completed at the contract documents
phase. All power, lighting and control schemes, complete with diagrams and
details shall be finalized including:
1. Electrical load calculations.
2. Coordination with power, telephone, and CATV companies.
3. Electrical drawings and specifications including the tbllowing:
a. Lighting for all sports fields- 8 total (layouts and photometrics by
Musco).
b. Walkway, parking, monument sign, and security lighting systems.
c. Electrical provisions for electronic scoreboards and irrigation
controllers.
d. Electrical service and distribution.
~. Electrical systems for Maintenance Facility and Restroom/Concessions
Buildings.
f. Electrical design and plans for basketball courts alternate- 4 courts
total.
4. Title 24 lighting calculations.
Architectural Design/Documentation
This scope shall be limited to the design and detail of an approximately 2,000
square foot restroom/concession building for pre-packaged food service, and a
700 square foot maintenance office. This proposal assumes the maintenance
building will be a garage type facility with no divided rooms. Area will provide
space for a small office desk, equipment storage, and maintenance cart parking.
Building facilities will not include mechanical systems, i.e. air conditioning or
heating.
Structural Design Documentation
Services during the Construction Docmnents Phase consist of preparation of final
structural engineering calculations, Drawings and Specifications based on
approved Design Development Documents, setting forth in detail the structural
construction requirements for the Project.
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F. Mechanical Design Documentation
Final completion of all drawings, specifications and Title 24 documentation for
complete HVAC and plumbing systems for restroom building.
1. Gas Service
G. Technical Specifications
Technical specifications for each of the above disciplines will be incorporated
into the project manual. Site work construction will be prepared utilizing the
'Green Book' format. Architectural specifications will be prepared in C.S.I.
format. City to provide Notice Inviting Sealed Bids, Instructions to Bidders,
lnfbrmation required by Bidders, Bid Form, Bid Bonds, Agreement, Performance
Bond, Payment Bond, Insurance Documents, General Provisions,
General/Supplementary Conditions, and General Requirements.
H. Statement of Probable Construction Cost
Statement of Probable Construction Cost services during the Construction
Documents Phase consist of advising the City of any adjustments, and, when the
Construction Documents are approximately 90 percent complete, updating of the
Statement of Probable Construction Cost of the Project, taking into account:
1. Changes in materials, systems or details of construction which have occurred
during preparation of the Construction Documents.
2. Known changes in the cost of materials, labor and services since preparation
of the previous Statement of Probable Construction Cost.
3. Adjustments for known or anticipated changes in the bidding market relative
to the Project.
PHASE 4.0 - BIDDING
A. Bidding Procedures
The Consultant shall assist the City with the Bidding Phase of the project. Questions,
clarifications, or conflicts arising out of the bidding process will be resolved by addenda
prepared by the Consultant. Addenda to the contract for construction shall be prepared in
writing to document any clarification or modification made to the contract documents. In
addition, the consultant shall attend a pre-bid conference, if required, and assist the city in
awarding the construction contracts.
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TEMECULA SPORTS COMPLEX
PART 1I: CONSTRUCTION ADMINISTRATION
PHASE 5.0 - CONSTRUCTION OBSERVATION/ADMINISTRATION
The Consultant Design Team shall attend job site meetings as requested by the City for an
anticipated 9 month construction period to generally review and evaluate the construction
schedule, monitor perfornmnce, review quality control standards, and provide assistance for any
clarification or revision to the contract for construction. Shop drawings and related submittals
shall be reviewed and returned to the consultant for appropriate action. The Contractor's requests
for infom~ation, proposal requests, and related communications shall be attended to on a regular
basis. Assist the City in review of contractor's pay requests on a monthly basis in accordance
with the amount of work completed and in accordance with the contract documents.
During the Construction Administration Phase of the project, the following services shall be
furnished:
A. Pre-construction Conference
A pre-construction conference shall be organized and conducted to brief all parties
concerned with general and special requirements of the contract for construction.
Procedural matters, routing of information, and project representatives shall be defined.
Attendees shall include representatives fi'om the City's staff, the Consultant, the
Contractor, and all major subcontractors.
B. Job Site Meeting
Consultant shall attend a maximum of 20 bi-weekly job site meetings, as requested by the
City. Scheduling, coordination, requests for inforn~ation, and changes to the contract for
construction are routinely monitored. The Consultant shall publish and distribute a field
report for each job site meeting, documenting the progress of construction, and
specifically noting current and delinquent action items.
C. Submittal and Shop Drawing Review
The Consultant shall review all required shop drawings and related submittals as required
by the contract documents.
D. Quotation Requests / Change Orders
Services consisting off
i. Preparation and distribution of Drawings and Specifications to describe
Work to be added, deleted, or modified.
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ii. Review 0 f proposals l¥om Contractor(s) for reasonableness of quantities
and costs of labor and materials.
iii. Review and recommendations relative to changes in time for Substantial
Completion.
iv. Coordination of communications, approvals, notifications and record-
keeping relative to changes in the work.
E. ProiectClose-Out
At the completion of the Construction Phase a final job site meeting and review of the
entire facility shall be conducted. A final punch list will be published and distributed by
the Consultant to all parties concerned, specifically noting required corrections, non-
confbnning work, and work remaining to be completed. A second walk-through shall be
conducted when all punch list items have been corrected, at which time a Final Notice of
Completion shall be filed by the City.
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
[Jod~led 212101
Ex~[BIT B 1 of 4
TEMECULA SPORTS COMPLEX
FEE PROPOSAL
BASIC SERVICES
It is the objective of our Design Team to provide the most comprehensive, yet efficient,
approach to the development of the Temecula Sports Complex. This fee includes all costs
to be incurred by RJM Design Group, Inc. with the exception of selected supplemental
services. Fees for the work are as follows:
PART l: CONSTRUCTION DOCUMENTS
Phase 1.0- Preliminary Design
Phase 2.0- Design Development
Phase 3.0- Construction Documents
Phase 4.0- Bidding
$ 38,000
$116,400
$305,700
$ 24,200
PHASE 11: CONSTRUCTION ADMINISTRATION
Phase 5.0- Construction Observation / Administration
$ 80,700
Subtotal
Reimbursable Allowance
$565,000
$ 56,500
Total Professional Fees
$621,500
Note: This fee summary represents our current understanding of the project scope and
complexity for Temecula Sports Complex Master Plan. We would welcome the opportunity to
meet with you to discuss our approach to this Scope of Work and revise it as necessary to more
accurately meet the needs of the City of Temecula.
REIMBURSABLE EXPENSE ALLOWANCE
All reimbursable costs including printing, reproduction, photo and delivery will be
billed to the City in addition to the basic fee at cost plus 15%. To avoid an
allowance for reimbursable printing, we suggest that the City open an account with a
local blueprinting company which would save the City dollars allotted to consultant
administration and mark up.
When inculTed, the tbllowing project expenses will be billed at cost plus 15% handling
fee:
· All consultant reproduction
· Printing, plotting, copying, photography, graphic expenses, special delivery and
handling of documents, and shipping
Permits, plan check, and inspection fees
Soils testing
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2o£4
PAYMENTS
Payments will be due and payable on a monthly basis following the completion of any
substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing
date are charged at 1-1/2% of the amount due, compounded monthly.
ASSUMPTIONS
The above fee proposal is based upon the following assumptions:
Assume sewer connection for restrooms is a private system from existing sewer in
adjacent street. Excludes any sump pumps or special studies.
Assume onsite water system is private and building can be served from adjacent
lines in the street. Domestic meter, landscape meter, and fire connection will be
shown on Water Plan. Assume on-site fire system is "design build." Excludes any
capacity or pressure studies.
Excludes "pot holing" of existing utilities.
Surface drainage and minor on-site storm drain only. Includes on-site Hydrology
Study. Excludes oft-site storm drain rerouting and off site hydrology. Available
drawings, studies, and site conditions will be evaluated in the Hydrology Study.
Any off-site hydrology required by the City or County will be considered additional
services. Excludes design of adjacent flood control charmel or special pennits
associated with this facility.
Excludes any special manholes, retention basins, and/or pump systems to retain
initial storm runoff on-site.
Assume on-site drainage treatment by flow filters to meet SUSMP. Excludes
additional mitigation including additional storm drain facilities/on-site detention
resulting from Regional Water Quality Control Board requirements and/or the
SUSMP. Assumes Contractor provides SWPPP.
Assume off-site street plans are not required. Driveways shown on the Grading
Plan.
All on-site Storm Drain will be shown on Precise Grading Plan in plan view only.
All drawings of existing on-site and off;site facilities and utilities shall be made
available to the Consultant where these drawings are lacking; the City of Temecula
shall provide adequate information regarding existing conditions. The Consultant
shall rely upon the accuracy of such information for his work.
ADDITIONAL SERVICES
The following services will be perfbrmed at your request, and shall be considered additional
services to the above, reimbursable on an hourly basis:
Additional meetings and construction site visits beyond those identified as
authorized by the City of Temecula.
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3of4
B. Exhibit preparation beyond that identified in the Scope of Services.
Revisions to the work following authorization by client to proceed with working
drawings, changes in scope or modifications of the project, design of and/or
participation in work beyond the designated site.
D. Preparation of mitigated negative declaration and/or special studies.
RJM shall provide the necessary objective plan check revisions requested by the City
for two plan check reviews. All subsequent changes shall be done in accordance with
the attached Standard Hourly Fee Schedule.
If it is in the interest of the project to engage or retain the services of any other
consultants (graphic/sign designer, environmental engineer, mechanical engineer,
etc.), then upon Client's written authorization, RJM Design Group, Inc. may engage
or retain any such consultant, and the engagement of each consultant shall be an
expenditure reimbursable to RJM Design Group, Inc., plus a 15% coordination fee.
Should the services of geologist, or soils engineer be required, the Client shall select,
retain, or engage such consultant directly.
H. Preparation of SUSMP, WQMP, or SWPPP reports.
L
Construction survey to verify contractors' grade elevations, certifications,
inspections, or administration.
Preparation of legal descriptions/exhibits, any land subdivision, ALTA Survey,
and/or additional boundary survey.
CONSULTANTS STANDARD HOURLY FEE SCHEDULE
No special consulting services other than those identified are included as part of the professional
services. Compensation lbr supplemental services will be on an hourly basis at our standard
rates as follows:
RJM DESIGN GROUP~ INC.
PRiNCIPAL LANDSCAPE ARCHITECT
ASSOCIATE LANDSCAPE ARCHITECT
PROJECT LANDSCAPE ARCHITECT
CADD OPERATOR
DRAFTSPERSON
WORD PROCESSOR
MCE CONSULTING
PRINCIPAL
PROJECT MANAGER
PROJECT ENGiNEER
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$130- $150. per hour
$120- $110. perhour
$95. per hour
$75. per hour
$65. per hour
$50. per hour
$120. perhour
$100. per hour
$90. per hour
4of4
PROJECT SURVEYOR
DESIGN ENGINEER
ASSOCIATE ENGINEER
PROJECT ASSISTANT
3-MAN SURVEY CREW
2-MAN SURVEY CREW
$90. perhour
$80. per hour
$50. perhour
$40. per hour
$210. perhour
$170. per hour
WLC ARCHITECTS~ INC.
PRINICIPAL
ASSOCIATE PRINCIPAL
ASSOCIATE COORDINATOR
SEN1OR PROJECT ARCHITECT
SENIOR PROJECT MANAGER
PROJECT ARCHITECT
PROJECT MANAGER
TECHNICAL LEVEL 1
TECHNICAL LEVEL II
TECHNICAL SUPPORT
$170. per hour
$140. per hour
$125. per hour
$120. perhour
$110. per hour
$105. perhour
$100. perhour
$ 75. per hour
$ 65. per hour
$ 60. per hour
GLP KARJALA / KULONIS~ INC.
PRINCIPAL/VICE PRESIDENT
ASSOCIATE
PROJECT MANAGER
DESIGNER
CAD DRAFTER
TECHNICAL TYPIST
CAD PLOTTING
$115. perhour
$95. perhour
$90. perhour
$75. per hour
$60. per hour
$40. perhour
$30. persheet
SWEENEY & ASSOCIATES, INC.
PRINCIPAL
AUTOCAD DESIGNER
DESIGNER/DRAFTER
CLERICAL
$100. per hour
$75. perhour
$65. per hour
$40. per hour
Billings for all time and materials and contract extension work shall be in accordance with the
level of work performed and will be broken into the categories listed above.
Fees will be escalated each August 1 st in accordance with any increase in the Consumer's Price
Index or other mutually agreed upon cost index, beginning with August 1, 2003
All provisions for fee escalation pertain to all contract extensions and additional work.
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10
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
DECEMBER '17, 2002
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:17
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLLCALL
PRESENT:
4 AGENCY MEMBERS: Comerchero, Pratt, Stone,
and Naggar
ABSENT: 0 AGENCY MEMBER: Roberts
Also present were Executive Director Nelson, City Attorney Thorson, and Deputy City Clerk
Ballreich.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of December 10, 2002.
2 Financial Statements
RECOMMENDATION:
2.1 Receive and file the Financial Statements for the three months ended
September 30, 2002.
MOTION: Agency Member Naggar moved to approve Consent Calendar Item Nos. 1 and 2.
The motion was seconded by Agency Member Stone and voice vote reflected approval with the
exception of Agency Member Roberts who was absent.
DEPARTMENTAL REPORT
No additional comments.
EXECUTIVE DIRECTOR'S REPORT
No comment.
AGENCY MEMBERS' REPORTS
No comments.
R:'~vlin utes.rda\121702 1
ADJOURNMENT
At 7:17 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, January 14, 2003, in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Jeff Comerchero, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:~vlinutes,rda\121702 2
ITEM 2
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA/TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
DATE:
TO:
FROM:
SUBJECT:
January 14, 2003
Executive Director/City Manager
Agency Members/City Councilmembers
John Meyer, Redevelopment Director ~,,~v \
Corporation for Better Housing Senior Housing Project
RECOMMENDATION: That the City Council:
Adopt a Resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DISPOSTION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND 28500 PUJOL STREET, A CALIFORNIA LIMITED
PARTNERSHIP
That the Temecula Redevelopment Agency adopt a Resolution entitled:
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA APPROVING A DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE
AGENCY AND 28500 PUJOL STREET, A CALIFORNIA
LIMITED PARTNERSHIP
That the Temecula Redevelopment Agency appropriate $200,000 from Senior Housing
Affordable Housing Fund.
R:\Housing 2002\CBHDDAStaffReport11403.doc
BACKGROUND:
Per Agency Board direction, staff has negotiated a Disposition and Development Agreement
(DDA) with the Corporation for Better Housing (CBH) to develop an affordable Senior Housing
Project within the Pujol neighborhood.
Affordable Housing Goals
The Temecula Redevelopment Agency has been engaged in the development, rehabilitation and
preservation of affordable housing since 1995. The Agency's Housing goals include:
· Increasing, improving and preserving the supply of affordable housing
· Upgrading the physical appearance of Project Area neighborhoods
· Establishing new standards for the private development within
neighborhoods
Project Area
Project Description
Corporation for Better Housing (CBH) is proposing to develop a 66-unit affordable senior housing
project on the east side of Pujol, south of 6th Street, behind the Habitat for Humanity homes. The
project will be two-story garden-style apartments and project amenities, which will include a
community room, and swimming pool. The project is proposed to be all one-bedroom units.
Estimated rents for the project will be $414 for 13 units reserved at very Iow income and $500 for the
53 units reserved at Iow.
Agency Involvement
The proposed project represents the first affordable senior housing development in the Project Area
or City. As with all the projects receiving Agency assistance, this project would not be economically
viable without the Agency's involvement.
Agency Assistance
Over the past several months, Agency Staff has been working with CBH on determining the amount
of Agency assistance needed to develop this project. The amount of assistance is a function of
agreeing on the project's costs and the project's rent revenue. In order to assist the evaluation of
these costs and revenues, Agency Staff contracts with Keyser Marston Associates Inc. ("KMA") as a
third party analyst to assist in reviewing the developer's construction and rent estimates.
The total cost of the proposed project is just over $6.3 million or $95,500 per unit. Through KMA's
analysis, it has been determined that the project will need Agency assistance of just over $2.6
million or just under $40,000 per unit. This assistance will come in the form of free land, valued at
$434,000 and $2,181,000 financial contribution.
Sources of Financing
In addition to the Agency's contribution, CBH is proposing to use tax exempt bonds and the 4%
Low-Income Tax Credit. These are the same financing mechanisms used for Mission Village. Tax-
exempt bonds used to finance the project will be issued by the California Statewide Communities
Development Authority (California Communities). California Communities is a statewide joint-
powers authority sponsored by the California State Association of Counties and League of California
R:\Housing 2002\CBHDDAStaffReport 11403.doc
Cities. Tax credit income results from the sale of federally approved tax deductions to private
investors who benefit from them.
The bonds are expected to raise $2 million for the project and the tax credits an additional $1.5
million. The bonds are secured by the property and repayment is the obligation of the developer
with no risk to the City or Agency. Lastly, CBH has agreed to defer 30% or $213,000 of its
developer fee.
In total, the proposed financing sources are as follows:
· Bond Amount $2,038,000
· TaxCredits $1,470,000
· Deferred Developer Fee $ 213,000
· Agency Loan $2,615,000
$6,336,000
Disposition and Development Agreement/Project Deal Points
in order to facilitate the proposed project, the Agency and CBH will need to enter into the Disposition
and Development Agreement (DDA) to establish the terms and conditions surrounding the
development of the project.
The following is a breakdown of the key deal points within the DDA:
Agency Assistance - Because of the regulation regarding the use of tax credits, the
Agency is required to structure the $2,615,000 contribution as a loan, rather than a grant.
Therefore, the DDA will establish the Agency contribution as a loan to the project, secured
by a "soft" second deed of trust. As is typical for these transactions, the Agency may never
fully recover its principal and interest. Additionally, CBH will then reimburse the Agency
$434,000 for the value of the property.
Developer Fee - The tax credit regulations provide for the developer to receive a fee equal
to 15% of the eligible development costs (e.g. non-land cost). The total developer fee for
this project of $710,000 is in the opinion of KMA fair and equitable and consistent with other
developer fees for similar projects.
Surplus Cash Flow - After the loan payments and repayment of the deferred developer's
fee, there will be surplus revenue from the project's operation in future years. The DDA will
contain language that requires CBH to split this remaining revenue equally with the Agency.
Surplus cash flow is not anticipated for approximately ten-years, that is, once the deferred
developer fee has been repaid. The amount anticipated to be split starts at $37,000 in year
10 and increases approximately 3.5% annually. This revenue source will motivate CBH to
professionally manage and maintain the property into the future.
CONCLUSION
This is an attractive project for the Agency. In addition to providing affordable senior housing in
proximity to the Mary Philips Senior Center, this project will further stabilize the north end of the Pujol
neighborhood and continue to set high standards for all new development in the area.
R:\Housing 2002\CBHDDAStaffReport11403.doc
FISCAL IMPACT: As outlined in the body of the report, the Agency's total contribution for the
project is $2,615,000. In addition to land, the Agency will contribute $2,181,000. The 2002-2003
Capital Improvement Program budget contains $2,000,000 for senior housing. Therefore, an
additional appropriation of $200,000 will be necessary.
Attachment:
Conceptual Site Plans
Council Resolution No. 02-__
Agency Resolution No, 03-__
Disposition and Development Agreement
Estimate of Re-Use Value Report
KMA Summary Report
CIP Project Sheet
R:~lousing 2002~CBHDDAStaffRepo~t 11403.doc
iI ii
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA APPROVING A
DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE AGENCY AND 28500 PUJOL STREET, A
CALIFORNIA LIMITED PARTNERSHIP
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby finds, determines and declares that:
A. The Redevelopment Agency of the City of Temecula ("Agency") is
a community redevelopment agency duly organized and existing under the
Community Redevelopment Law ("CRL"), Health and Safety Code Sections
33000 et seq. and has been authorized to transact business and exemise the
powers of a redevelopment agency pursuant to action of the City Council of the
City of Temecula.
B. On July 12, 1988, the Board of Supervisors of the County of
Riverside adopted Ordinance No. 658 adopting and approving the
"Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1"
(hereafter the "Plan") in accordance with the provisions of the CRL. On
December 1, 1989, the City of Temecula was incorporated. The boundaries of
the Project Area described in the Plan are entirely within the boundaries of the
City of Temecula. On April 9, 1991, the City Council of the City of Temecula
adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the
Redevelopment Agency of the City of Temecula and transferring jurisdiction over
the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-
15, the City of Temecula and the Redevelopment Agency of the City of Temecula
assumed jurisdiction over the Plan as of July 1, 1991.
C. The Disposition and Development Agreement ('Agreement")
approved by this Resolution is intended to effectuate the Redevelopment Plan for
the Agency's Redevelopment Project Area No. 1988-1, as amended, by
contributing certain real property and providing financial assistance to be used by
the Developer to develop a multi-family rental project within the Pujol
neighborhood located on the 28500 Pujol Street, Temecula, consisting of sixty
six (66) senior units for persons of Iow, very Iow, and moderate income as
defined in Section 50093 of the California Health and Safety Code (i.e. to families
earning up to 120% of Riverside median income) (collectively the "Project").
D. The Agreement is also intended to effectuate the objectives of
the Agency and the City of Temecula (the "City") in complying with their
obligation to provide Iow and moderate income housing pursuant to the Health
and Safety Code of California and the goals of the City's Housing Element to the
Temecula General Plan. The Developer's development of the Project and the
R:'~l'-Iousing 2002~TRDA CBH Res approve DDA.DOC
fulfillment generally of this Agreement are in the best interest of the City and the
welfare of its residents, and in accordance with the public purposes and
provisions of applicable federal, state, and local laws and requirements.
E. Pursuant to the provisions of Health & Safety Code Sections
33430, 33431 and 33433, on January 14, 2003 the Agency duly noticed and held
a joint public hearing before the Board of Directors of the Redevelopment Agency
of the City of Temecula and the City Council of the City of Temecula concerning
the approval of the proposed Disposition and Development Agreement with
Developer.
F. Pursuant to the requirements of Health & Safety Code Section
33433, a comprehensive report summarizing and analyzing the proposed
Disposition and Development Agreement. The report specifically contains the
information required by Section 33433 and has been prepared within the time
limit set forth therein and made available for public review from the date of the
first publication of the notice of public hearing.
G. The conveyance of the property as proposed by the Disposition
and Development Agreement is at less than fair market rental value based on the
Agency's real estate analysis. Therefore, the Agency Board specifically finds in
accordance with the authority of Health & Safety Code Section 33433 that: (1)
the sales price is not less than the fair reuse value of the Site; and (2) said
difference is necessary to effectuate the provisions of the Plan and to allow
development and housing opportunities to come to the City and Project Area and
increase employment opportunities within the City and the Project Area.
H. The development of the Project as required by the Agreement will
assist in the elimination of blight in the Project Area as identified in the
proceedings establishing the Project Area in that development of Project on the
Site will: (1) Establish development standards and the rehabilitation and
improvement of obsolete, deteriorating, and inappropriate buildings and housing
stock; (2) consolidate irregular parcels into a site appropriate for development;
(3) encourage and provide for development of vacant properties in accordance
with the Plan and the Old Town Specific Plan; and (4) preserve, improve, and
expand housing opportunities for Iow and moderate income residents.
I. The Agreement is consistent with the Redevelopment Plan and
the Implementation Plan adopted by the Agency for the Project Area adopted by
the Agency.
J. The redevelopment of the Project site as provided in the
Agreement and is consistent with the City's General Plan and the Old Town
Specific Plan.
K. The Agency is specifically authorized by Health & Safety Code
Sections 33430, 33431 and 33433, and other applicable law, to enter into the
Disposition and Development Agreement.
L. The Agency Board has duly considered all terms and conditions of
the proposed Agreement and believes that such agreement is in the best
R:~-lousing 2002~TRDA CBH Res approve DDA,DOC 2
interests of the Agency and City and the health, safety, and welfare of its
residents, and in accord with the public purposes and provisions of applicable
State and local law requirements.
M. This Agreement pertains to and affects the ability of all parties to
finance and carry out their statutory purposes and to accomplish the goals of the
Plan and is intended to be a contract within the meaning of Government Code
Section 53511.
Section 2. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby further finds, determines and declares that:
A. Section 33334.2, et seq. of the CRL authorizes and directs the
Agency to expend a certain percentage of ali taxes which are allocated to the
Agency pursuant to the CRL Section 33670 for the purposes of increasing,
improving and preserving the community's supply of housing available at afford-
able housing costs to persons and families of Iow to moderate income, including
lower income and very Iow income households.
B. Pursuant to the CRL, the Agency has established a Low and
Moderate Income Housing Fund (the "Housing Fund").
C. Pursuant to the CRL Section 33334.2(e), in carrying out its
affordable housing activities, the Agency is authorized to provide subsidies to or
for the benefit of very Iow and lower income households, or persons and families
of Iow or moderate income to the extent those households cannot obtain housing
at affordable costs on the open market.
D. Developer proposes, with the assistance of the Agency, to
develop the Project and upon completion to make available for the longest
feasible period of time all of the housing units in the Project at affordable rents to
Iow to moderate income households.
E. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the
Agency may accept financial or other assistance from any public or private
source, for the Agency's activities, powers, and duties, and expend any funds so
received for any of the purposes of the CRL.
F. The expenditures from the Housing Fund as contemplated by the
Agreement approved by this Resolution will directly and specifically increase,
improve, and preserve the community's supply of Iow and moderate income
housing within the meaning of Health and Safety Code Section 33334.2 and will
be of benefit to the Project Area by providing new housing which restricted so as
to be affordable for occupancy by very Iow income, lower income and median
income households.
G. The California Legislature declares in Health and Safety Code
Section 37000, et seq., that new forms of cooperation with the private sector,
such as leased housing, disposition of real property acquired through
redevelopment, development approvals, and other forms of housing assistance
may involve close participation with the private sector in meeting housing needs,
R:~-Iousing 2002~TRDA CBH Res approve DDA.DOC 3
without amounting to development, construction or acquisition of Iow rent
housing projects as contemplated under Article XXXIV of the State Constitution
and that the Agreement approved hereby is not subject to the provisions of said
Article XXXIV.
Section 3. The Agency hereby finds and determines that the lien of the
covenants required pursuant to the Agreement may be subordinated to financing for the
Project because an economically feasible alternative method of financing the Project on
substantially comparable terms and conditions, but without subordination, is not
reasonably available.
Section 4. While the Agency determines that participation in the feasibility
analysis, financing, and development of the Project does not constitute development,
construction or acquisition of a Iow-rent housing project within the meaning of Article
XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval
within the meaning of Health and Safety Code Section 37001.5 of a proposal which may
result in housing assistance benefiting persons of Iow income.
Section 5. The approval of this Agreement by the Agency constitutes an
action by the Agency to implement an adopted Housing Assistance Plan by acquiring
interests in housing units to assure they are affordable to persons of Iow and moderate
income. Therefore, the Project is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14
of the California Code of Regulations), Additionally, the Project is: (1) consistent with
the applicable General Plan designation and all applicable General Plan Policies as well
as with applicable zoning designation and regulations; (2) the Project occurs with in the
city limits of the City of Temecula on a project site of less than five acres substantially
surrounded by urban uses; (3) the Project site has no value as habitat for endangered,
rare, or threatened species; (4) approval of the Project would not result in any significant
effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be
adequately served by all required utilities and public services. Therefore, the Project is
and "in-fill project" and is exempt from the provisions of the California Environmental
Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California
Code of Regulations). The Executive Director of the Agency is directed to file a Notice of
Exemption of this action as required by CEQA and the CEQA Guidelines.
Section 6. The Board of Directors of the Redevelopment Agency of the City
of Temecula hereby approves that certain agreement entitled "Disposition and
Development Agreement" by and Between Temecula Redevelopment Agency and
28500 Pujol Street, a California Limited Partnership with such changes in such
document as may be mutually agreed upon by the Developer and the Agency Executive
Director as is in substantial conformance with the form of such Agreement which on file
in the Office of the Agency Secretary, The Chairperson of the Agency is hereby
authorized to execute the Agreement, including related exhibits and attachments on
behalf of the Agency. A copy of the final Agreement when executed by the Agency
Chairperson shall be placed on file in the Office of the Secretary of the Agency.
Section 7. The Executive Director of the Agency (or his designee), is hereby
authorized, on behalf of the Agency, to take all actions necessary and appropriate to
carry out and implement the Agreement and to administer the Agency's obligations,
responsibilities and duties to be performed under the Agreement and related documents,
R:~-Iousing 2002~TRDA CBH Res approve DDA.DOC 4
including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement,
acceptances, escrow instructions, certificates of completion and such other
implementing agreements and documents as contemplated or described in the
Agreement.
Section 8.
Resolution.
The Secretary of the Agency shall certify the adoption of this
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Redevelopment Agency of the City of Temecula on January 14, 2003.
ATTEST:
Ron Roberts, Chairperson
Susan Jones, CMC
Agency Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
SS
I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of
Temecula, do hereby certify that the Resolution No. RDA 03- was duly and
regularly adopted by the Board of Directors of the Redevelopment Agency of the City of
Temecula at a regular meeting thereof, held on .,
2003, by the following vote, to wit:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
ABSTAIN: BOARDMEMBERS:
SUSAN JONES, CMC
SECRETARY
R:~Housing 2002~TRDA CBH Res approve DDA. DOC 5
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING A DISPOSTION
AND DEVELOPMENT AGREEMENT BET~NEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND 28500 PUJOL STREET, A
CALIFORNIA LIMITED PARTNERSHIP
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines
and declares that:
A.. The Redevelopment Agency of the City of Temecula ("Agency") is
a community redevelopment agency duly organized and existing under the
Community Redevelopment Law ("CRL"), Health and Safety Code Sections
33000 et seq. and has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City Council of the
City of Temecula.
B. On July 12, 1988, the Board of Supervisors of the County of
Riverside adopted Ordinance No. 658 adopting and approving the
"Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1"
(hereafter the "Plan") in accordance with the provisions of the CRL. On
December 1, 1989, the City of Temecula was incorporated. The boundaries of
the Project Area described in the Plan are entirely within the boundaries of the
City of Temecula. On April 9, 1991, the City Council of the City of Temecula
adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the
Redevelopment Agency of the City of Temecula and transferring jurisdiction over
the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-
15, the City of Temecula and the Redevelopment Agency of the City of Temecula
assumed jurisdiction over the Plan as of July 1, 1991.
C. The Disposition and Development Agreement
("Agreement") approved by this Resolution is intended to effectuate the
Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988-1,
as amended, by contributing certain real property and providing financial
assistance to be used by the Developer to develop a multi-family rental project
within the Pujol neighborhood located on the 28500 Pujol Street, Temecula,
consisting of sixty six (66) senior units for persons of Iow, very Iow, and moderate
income as defined in Section 50093 of the California Health and Safety Code (i.e.
to families earning up to 120% of Riverside median income) (collectively the
"Project").
D. The Agreement is also intended to effectuate the objectives of the
Agency and the City of Temecula (the "City") in complying with their obligation to
R:~Housing 2002~TRDA CBH City Res approve DDA,DOC
provide Iow and moderate income housing pursuant to the Health and Safety
Code of California and the goals of the City's Housing Element to the Temecula
General Plan. The Developer's development of the Project and the fulfillment
generally of this Agreement are in the best interest of the City and the welfare of
its residents, and in accordance with the public purposes and provisions of
applicable federal, state, and local laws and requirements.
E. Pursuant to the provisions of Health & Safety Code Sections
33430, 33431 and 33433, on January 14, 2003 the Agency duly noticed and held
a joint public hearing before the Board of Directors of the Redevelopment Agency
of the City of Temecula and the City Council of the City of Temecula concerning
the approval of the proposed Disposition and Development Agreement with
Developer.
F. Pursuant to the requirements of Health & Safety Code Section
33433, a comprehensive report summarizing and analyzing the proposed
Disposition and Development Agreement. The report specifically contains the
information required by Section 33433 and has been prepared within the time
limit set forth therein and made available for public review from the date of the
first publication of the notice of public hearing.
G. The conveyance of the property as proposed by the Disposition
and Development Agreement is at less than fair market rental value based on the
Agency's real estate analysis. Therefore, the City Council concurs in the Agency
Board' finding that in accordance with the authority of Health & Safety Code
Section 33433 that: (1) the sales price is not less than the fair reuse value of the
Site; and (2) said difference is necessary to effectuate the provisions of the Plan
and to allow development and housing opportunities to come to the City and
Project Area and increase employment opportunities within the City and the
Project Area.
H. The development of the Project as required by the Agreement will
assist in the elimination of blight in the Project Area as identified in the
proceedings establishing the Project Area in that development of Project on the
Site will: (1) Establish development standards and the rehabilitation and
improvement of obsolete, deteriorating, and inappropriate buildings and housing
stock; (2) consolidate irregular parcels into a site appropriate for development;
(3) encourage and provide for development of vacant properties in accordance
with the Plan and the Old Town Specific Plan; and (4) preserve, improve, and
expand housing opportunities for Iow and moderate income residents.
I. The Agreement is consistent with the Redevelopment Plan and
the Implementation Plan adopted by the Agency for the Project Area adopted by
the Agency.
J. The redevelopment of the Project site as provided in the
Agreement and is consistent with the City's General Plan and the Old Town
Specific Plan.
R:~lousing 2002~TRDA CBH City Res approve DDA.DOC
K. The Agency is specifically authorized by Health & Safety Code
Sections 33430, 33431 and 33433, and other applicable law, to enter into the
Disposition and Development Agreement.
L. The Agency Board and City Council have duly considered all
terms and conditions of the proposed Agreement and believes that such
agreement is in the best interests of the Agency and City and the health, safety,
and welfare of its residents, and in accord with the public purposes and
provisions of applicable State and local law requirements.
M. This Agreement pertains to and affects the ability of all parties to
finance and carry out their statutory purposes and to accomplish the goals of the
Plan and is intended to be a contract within the meaning of Government Code
Section 53511.
Section 2. The City Council of the City of Temecula hereby further finds,
determines and declares that:
A. Section 33334.2, et seq. of the CRL authorizes and directs the
Agency to expend a certain percentage of all taxes which are allocated to the
Agency pursuant to the CRL Section 33670 for the purposes of increasing,
improving and preserving the community's supply of housing available at afford-
able housing costs to persons and families of Iow to moderate income, including
lower income and very Iow income households.
B. Pursuant to the CRL, the Agency has established a Low and
Moderate income Housing Fund (the "Housing Fund").
C. Pursuant to the CRL Section 33334.2(e), in carrying out its
affordable housing activities, the Agency is authorized to provide subsidies to or
for the benefit of very Iow and lower income households, or persons and families
of Iow or moderate income to the extent those households cannot obtain housing
at affordable costs on the open market.
D. Developer proposes, with the assistance of the Agency, to
develop the Project and upon completion to make available for the longest
feasible period of time all of the housing units in the Project at affordable rents to
Iow to moderate income households.
E. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the
Agency may accept financial or other assistance from any public or private
source, for the Agency's activities, powers, and duties, and expend any funds so
received for any of the purposes of the CRL.
F. The expenditures from the Housing Fund as contemplated by the
Agreement approved by this Resolution will directly and specifically increase,
improve, and preserve the community's supply of Iow and moderate income
housing within the meaning of Health and Safety Code Section 33334.2 and will
be of benefit to the Project Area by providing new housing which restricted so as
to be affordable for occupancy by very Iow income, lower income and median
income households.
R:~--Iousing 2002~TRDA CBH City Res approve DDA. DOC
G. The California Legislature declares in Health and Safety Code
Section 37000, et seq., that new forms of cooperation with the private sector,
such as leased housing, disposition of real property acquired through
redevelopment, development approvals, and other forms of housing assistance
may involve close participation with the private sector in meeting housing needs,
without amounting to development, construction or acquisition of Iow rent
housing projects as contemplated under Article XXXIV of the State Constitution
and that the Agreement approved hereby is not subject to the provisions of said
Article XXXIV.
Section 3. The City Council concurs in the finding that the lien of the
covenants required pursuant to the Agreement may be subordinated to financing for the
Project because an economically feasible alternative method of financing the Project on
substantially comparable terms and conditions, but without subordination, is not
reasonably available.
Section 4. While the Agency determines that participation in the feasibility
analysis, financing, and development of the Project does not constitute development,
construction or acquisition of a Iow-rent housing project within the meaning of Article
XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval
within the meaning of Health and Safety Code Section 37001.5 of a proposal which may
result in housing assistance benefiting persons of Iow income.
Section 5. The approval of this Agreement by the Agency constitutes an
action by the Agency to implement an adopted Housing Assistance Plan by acquiring
interests in housing units to assure they are affordable to persons of Iow and moderate
income. Therefore, the Project is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14
of the California Code of Regulations). Additionally, the Project is: (1) consistent with
the applicable General Plan designation and all applicable General Plan Policies as well
as with applicable zoning designation and regulations; (2) the Project occurs with in the
city limits of the City of Temecula on a project site of less than five acres substantially
surrounded by urban uses; (3) the Project site has no value as habitat for endangered,
rare, or threatened species; (4) approval of the Project would not result in any significant
effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be
adequately served by all required utilities and public services. Therefore, the Project is
and "in-fill project~ and is exempt from the provisions of the California Environmental
Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California
Code of Regulations). The Executive Director of the Agency is directed to file a Notice of
Exemption of this action as required by CEQA and the CEQA Guidelines,
Section 6. The City Council of the City of Temecula hereby consents to the
Agency approval that certain agreement entitled "Disposition and Development
Agreement" by and Between Temecula Redevelopment Agency and 28500 Pujol Street,
a California Limited Liability Company, with such changes in such document as may be
mutually agreed upon by the Developer and the Agency Executive Director as are in
substantial conformance with the form of such Agreement which is on file in the Office of
the Agency Secretary.
Section 8. The City Clerk shall certify the adoption of this Resolution.
R:~Housing 2002~TRDA CBH City Res approve DDA,DOC
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula on January 14, 2003.
ATTEST:
JEFFREY E. STONE, MAYOR
SUSAN JONES, CMC
SECRETARY
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
SS
I, Susan Jones, CMC, Secretary of the City Council of the City of Temecula, do
hereby certify that the Resolution No. 03-. was duly and regularly adopted by
the City Council of the City of Temecula at a regular meeting thereof, held on
., 2003, by the following vote, to wit:
AYES:
COUNClLMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
SUSAN JONES, CMC
CITY CLERK
R:~Housing 2002\TRDA CBH City Res approve DDA.DOC
CBH
FINAL
DDA
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA"), dated as of
2003, is entered into by and between the TEMECULA REDEVELOPMENT
AGENCY, a public body, corporate and politic (the "Agency"), and 28500 PUJOL STREET, L.P., a
California limited partnership ("Developer").
RECITALS
This Agreement is entered into with reference to the following facts:
A. The purpose of this DDA is to effectuate the Redevelopment Plan for Redevelopment
Project Area No. 1988-1 (as amended) of the Agency, in the City of Temecula, California, by facilitating
construction of Low and Moderate Income Housing within the Project Area.
B. The Agency is a public body, corporate and politic, exercising governmental functions
and powers, and organized and existing under the Community Redevelopment Law of the State of
California.
C. The principal objective hereof is to create an affordable housing inventory available to be
leased to persons who are of very low or low income who but for this program might not be able to
obtain housing at affordable cost, and to reach that objective the parties hereto will require an
extraordinary level of cooperation with each other, which level of effort the parties hereto covenant to
provide.
D. To accomplish the foregoing objective, the Agency is willing to sell the property
described on Exhibit A (the "Property") to the Developer and make a loan to Developer secured by said
Property, and in consideration therefor the Developer is willing to construct on the Property 65 senior
garden apartment units and one manager's unit, all of which (except for the manager's unit) shall be
available to persons of very low or low income. All such development as herein described is
collectively referred to in this DDA as the "Project." Greater detail of the Project is set forth in the
Scope of Development, attached hereto as Exhibit B.
E. The Developer intends to obtain an award of tax exempt private activity bonds from the
California Debt Limit Allocation Committee and an award of 4% tax credits from the California Tax
Credit Allocation Committee and to transfer such tax credits to equity investors in order to assist in
financing the development of the Project.
F. Development of the Project will assist in the elimination of blight in the Project Area,
provide affordable housing, provide additional jobs, and substantially improve the economic and
physical conditions in the Project Area in accordance with the purposes and goals of the Redevelopment
Plan.
G. The Agency has determined that the land uses specified in this DDA and the provisions
relating to development of the Project specified in this DDA are consistent with the provisions of the
Redevelopment Plan and each of its applicable elements.
H. Construction of the Improvements (as hereinafter defined) constituting the Project
pursuant to this DDA is in the best interests of the Agency, and the health, safety and welfare of the
11087~0001W13019.3
residents and taxpayers of the Project Area, and is in accord with the public purposes and provisions of
applicable state and local laws.
I. A material inducement to the Agency to enter into this DDA is the agreement by the
Developer to construct the Improvements within a limited period of time, and the Agency would be
unwilling to enter into this DDA in the absence of an enforceable commitment by the Developer to
construct the Improvements within a limited period of time.
NOW, THEREFORE, the Parties agree as follows:
ARTICLE 1. DEFINITIONS.
Section 1.1. Definitions. The following terms as used in this DDA shall have the meanings
given unless expressly provided to the contrary:
1.1.1. Agency means the Temecula Redevelopment Agency, a public body, corporate
and politic, exercising governmental functions and powers, and organized and existing under the
Community Redevelopment Law of the State of California, with full power and authority to execute this
DDA. The principal office of the Agency is located at 43200 Business Park Drive, Temecula, California
92589.
1.1.2 Agency Loan means the loan made by Agency to Developer pursuant to Section
5.2 of this DDA, including but not limited to any loan by the Agency refinancing a prior Agency Loan.
1.1.3 Certificate of Completion means a certificate in the form attached hereto as
Exhibit I, to be provided by the Agency to the Developer upon satisfactory completion of the
Improvements on the Property.
1.1.4 City means the City of Temecula, California.
1.1.5 Closing has the meaning defined in Section 2.3.2.
1.1.6 Closing Date means the date upon which the Agency and Developer enter into the
DDA and the Regulatory Agreement.
1.1.7 Construction Contract has the meaning defined in Section 4.3.
1.1.8 DDA means this Disposition and Development Agreement.
1.1.9 Debt Service means the total of the payments of principal and interest due and
actually made by the Developer during a period on a specified loan, and does not include prepayments.
IA.10 Default has the meaning defined in Section 6.1.
1.1.11 Developer means 28500 Pujol Street, L.P., a California limited partnership. The
principal office of the Developer for purposes of this DDA is 15490 Ventura Blvd. #210, Sherman Oaks,
California 91403.
1.1.12 Environmental Laws means all federal, state, local, or municipal laws, rules,
orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority
11087~0001\713019.3 2
regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Material,
or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational
health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Materials on, under, or
about the Project), occupational or environmental conditions on, under, or about the Project, as now or
may at any later time be in effect, including without limitation, the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS 88 9601 et seq.]; the
Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS 88 6901 et seq.]; the Clean Water
Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS 88 1251 et seq.]; the
Toxic Substances Control Act (TSCA) [15 USCS 88 2601 et seq.]; the Hazardous Materials
Transportation Act (HMTA) [49 USCS 88 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7
USCS 88 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS 88 6901 et seq.];
the Clean Air Act {42 USCS 88 7401 et seq.]; the Safe Drinking Water Act [42 USCS 88 30Of et seq.];
the Solid Waste Disposal Act [42 USCS 88 6901 et seq.]; the Surface Mining Control and Reclamation
Act [30 USCS 88 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS
8811001 et seq.]; the Occupational Safety and Health Act [29 USCS 88 655 and 657]; the California
Underground Storage of Hazardous Substances Act [H & S C 88 25280 et seq.]; the California
Hazardous Substances Account Act [H & S C 8§ 25300 et seq.]; the California Hazardous Waste
Control Act [H & S C 88 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement
Act [H & S C 88 24249.5 et seq.]; and the Porter-Cologne Water Quality Act [Water Code 88 13000 et
seq.], together with any amendments of or regulations promulgated under the statutes cited above and
any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted that
pertains to occupational health or industrial hygiene, and only to the extent that the occupational health
or industrial hygiene laws, ordinances, or regulations relate to Hazardous Materials on, under, or about
the Project, or the regulation or protection of the environment, including ambient air, soil, soil vapor,
groundwater, surface water, or land use.
1.1.13 Escrow means the escrow created under Section 2.3.
1.1.14 Escrow Holder means First American Title Insurance Company. The office of the
Escrow Holder for purposes of this DDA is 3625 Fourteenth Street, Riverside, California 92501 (Attn:
Debbie Newton, Escrow Officer; 909/787-1700).
1.1.15 General Contractor has the meaning defined in Section 4.3.
1.1.16 Gross Income means all revenues or income collected by the Developer or its
Affiliates, successors or assigns from the Project, including but not limited to sums paid by all
subtenants, licensees and concessionaires. Gross Income shall be determined on a cash basis during any
pertinent or applicable period, but shall not include security deposits until and unless such security
deposits have been forfeited by tenants. Gross Income also includes laundry income (except such
portion retained by the vendor) and income from operating cable television, recreation facilities, and any
other services at the Project. Gross Income shall not, except for loss of rent insurance proceeds which
shall be included, include insurance or condemnation proceeds, or the proceeds from any sale or
refinancing of the Project or any part thereof.
1.1.17 Hazardous Materials includes without limitation:
(i) Those substances included within the definitions of hazardous substance,
hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant in
CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law;
11087~001w13019.3 3
(ii) Those substances listed in the United States Department of Transportation
(DOT) Table 49 [CFR § 172.101], or by the Environmental Protection Agency (EPA), or any successor
agency, as hazardous substances [40 CFR Part 302];
(iii) Other substances, materials, and wastes that are or become regulated or
classified as hazardous or toxic under federal, state, or local laws or regulations; and
(iv) Any material, waste, or substance that is (1) a petroleum or refined
petroleum product, (2) asbestos, (3) polychlorinated bipbenyl, (4) designated as a hazardous substance
pursuant to 33 USCS § 1321 or listed pursuant to 33 USCS § 1317, (5) a flammable explosive, or (6) a
radioactive material.
1.1.18 Improvements means the improvements to be constructed by the Developer
pursuant to this DDA, as more fully described in the Scope of Development.
1.1.19 Mortgagee means a mortgagee of a mortgage, beneficiary of a deed of trust, or the
secured party under any other financing device encumbering the Property or the Project.
1.1.20 Operating Expenses means for any period the sum of the following expenses
reasonably incurred and actually paid during that period: (i) actual, reasonable and customary costs, fees
and expenses directly attributable to the operation, maintenance, taxes and management of the Project,
expressly including, without limitation the following (all of which must be customary and reasonable):
onsite administrative costs (including materials and labor); payments to an operating reserve account;
payments to a replacement reserve account, not to exceed $200 per unit per year, subject to annual
increases by the annual percentage increase in the CPI, not to exceed 3.5% per year; painting, cleaning,
repairs and alterations; landscaping; utilities; rubbish removal; certificates, permits and licenses; sewer
charges; real and personal property taxes and assessments; insurance; security; advertising, promotion
and publicity; office, janitorial, cleaning and building supplies; cable television, satellite and similar
facilities; recreational amenities, supplies and services; a property management fee, not to exceed five
percent (7%) of Gross Income; purchase, repair, servicing and installation of appliances, equipment,
fixtures and furnishings (other than from reserves); and fees and expenses of accountants, attorneys,
consultants and other professionals, including annual audits and tax return preparation costs payable to a
third party; and the deferred portion of the Developer's fee, which deferred portion is $212,000 (without
interest); an annual $5,000 asset management fee payable to the tax credit investor, which may be
increased annually by the annual percentage increase in the CPI, but which may only be paid for 17
years following the issuance of a Certificate of Completion. Notwithstanding the foregoing, Operating
Expenses shall not include: (i) non-cash expenses, including without limitation, depreciation; (ii)
payments made from insurance or condemnation proceeds or any costs or expenses paid or reimbursed
by others; (iii) funds expended from replacement reserves; (iv) the initial cost of constructing the
Improvements or any expansion or replacements thereof; (v) any penalties or interest resulting from the
Developer's failure to pay when due any sums that the Developer is obligated to pay to third parties
(e.g., penalties and interest for late payment of real property taxes); (vi) debt service or other payments
in connection with financing; (vii) any asset management fee, syndications management fee or similar
fee paid to any tax credit equity investor (except for the annual $5,000 asset management fee payable to
the tax credit investor, which may be increased annually by the annual percentage increase in the CPI).
1.1.21 Party means any party to this DDA. The "Parties" shall be all parties to this
DDA.
11087~001W13019.3 4
1.1.22 Plans and Specifications means the plans prepared by Danielian Associates, dated
October 2002, and any other plans or specifications required for construction of the Project.
1.1.23 Primary Loan means the construction loan or the permanent loan obtained by
Developer and approved by Agency for the purpose of financing the cost of constructing the
Improvements that is not financed with the Agency Loan.
1.1.24 Proiect means the construction of the Improvements on the Property in
accordance with the Plans and Specifications and the Scope of Development, including the construction
of 66 senior apartment units, together with ancillary improvements (including a community room and
55 surface parking spaces), on the Property.
1.1.25 Proiect Area means Project Area No. 1988-1 of the Agency.
1.1.26 Property means the parcel of real property located at 28500 Pujol Street,
Temecula, California, and legally described on Exhibit A, attached hereto and incorporated by reference
herein.
1.1.27 Redevelopment Plan means the Redevelopment Plan for the Project Area
approved by the City Council of the City of Temecula. This DDA shall be subject to the provisions of
the Redevelopment Plan which are incorporated herein by this reference and made a part hereof as
though fully set forth herein.
1.1.28 Regulatory Agreement means an agreement executed by the Developer in favor of
the Agency, in the form attached hereto as Exhibit E, on terms and conditions acceptable to Agency,
restricting the leasing of the Project and the units therein to persons or households one member of which
must be at least 55 years of age and of very low and low income, as defined in the California Health and
Safety Code, and which agreement meets the requirements of California Health and Safety Code
Sections 33334.2, et seq., and 33418, and all regulations implementing such statutes. The Regulatory
Agreement shall also address such matters concerning the operation and maintenance of the Project as
the Agency shall reasonably require.
1.1.29 Residual Receipts means for any period the amount of Gross Income for that
period, less Operating Expenses and Debt Service on the Primary Loan for that period.
1.1.30 Schedule of Performance means the schedule attached hereto as Exhibit C to this
DDA, which is incorporated herein by this reference. The Schedule of Performance is subject to the
force majeure provisions of Section 7.12 hereof.
1.1.31 Scope of Development means the description of the Improvements, attached
hereto as Exhibit B.
1.1.32 Site Plans means the preliminary Site Plan for the Project, which Site Plans have
been prepared by Danielian & Associates, dated October 2002, and which has been approved by the
Agency and the Developer.
1.1.33 TCAC Regulatory Agreement means a regulatory agreement meeting the
requirements of the California Tax Credit Allocation Committee.
11087\000B713019.3 5
ARTICLE 2. ACQUISITION OF THE PROPERTY; CLOSING OF LOAN
Section 2.1. Escrow. Substantially concurrently with the execution of this DDA, Developer
and Agency shall open an escrow with the Escrow Holder to implement both the sale of the Property by
Agency to Developer and a loan by Agency to Developer upon the terms and subject to the conditions
set forth herein.
Section 2.2. Pumhase and Sale. Upon the Close of Escrow (defined in Section 2.3.2), Agency
shall convey the Property to Developer by grant deed (the "Grant Deed") for the purchase price of
$434,000, which shall be paid with a portion of the proceeds from the Agency's Loan to Developer.
Section 2.3. Details of Escrow.
2.3.1. Escrow Instructions. The Parties shall deposit with the Escrow Holder a fully
executed duplicate original of this DDA, which shall serve as escrow instructions for the Escrow. The
Escrow Holder is authorized to act under this DDA, and to carry out its duties as the Escrow Holder
hereunder.
2.3.2. Close of Escrow. "Close of Escrow" or "Closing" means the date Escrow Holder
causes the Deed, the Regulatory Agreement and the Agency Deed of Trust to be recorded in the Official
Records of the County of Riverside. Escrow shall close upon satisfaction of all conditions precedent set
forth in Section 2.6, below. Either Paxty shall have the right to terminate this DDA if the Closing has
not occurred prior to the earliest of: (i) 30 days after the date that Developer receives notice that
Developer has been awarded a tax credit allocation; (ii) the date that Developer or any Affiliate of
Developer is assessed negative points for failure to meet deadlines in connection with its tax credit
application; (iii) Developer's failure to obtain a tax credit allocation during the tax credit application
period ending June 15, 2003, or either of the two immediately succeeding tax credit application periods.
2.3.3. Other Documents. The Agency and the Developer shall execute such reasonable
and customary documents, including necessary escrow instructions, as required to close the transactions
described in this DDA.
Section 2.4. Condition of Title; Title Insurance.
2.4.1. At the Close of Escrow, the Developer shall receive a fee simple interest in the
Property. The Regulatory Agreement shall be subject and subordinate to the TCAC Regulatory
Agreement (if the Developer obtains tax credits and if the TCAC Regulatory Agreement is available at
the Close of Escrow). The Agency Deed of Trust shall be subject to and subordinate to the TCAC
Regulatory Agreement and subordinate to the Construction Deed of Trust and Permanent Lender's Deed
of Trust.
2.4.2. At the Closing, Escrow Holder shall cause to be issued to the Agency and the
Developer, at the Developer's sole cost and expense, ALTA Extended Coverage Title Insurance
policies, issued by First American Title Company insuring that title is free and clear of all liens,
easements, covenants, conditions, restrictions, and other encumbrances of record, except as permitted in
Section 2.4.1, and insuring in favor of the Agency (in the amount of the Agency Note) the recorded
priority of the Regulatory Agreement, the Agency Deed of Trust and the Agency's rights hereunder,
together with such endorsements as Agency or the Developer (as applicable) shall reasonably request
(the "Title Insurance").
11087~0001\713019.3 6
Section 2.5. Escrow and Title Charges. The Developer shall be solely responsible for all
survey costs, title insurance premiums, recording fees, documentary and local transfer taxes, and escrow
fees and charges arising hereunder.
Section 2.6. Conditions to Closing. The rights and obligations of the Developer and the
Agency to close the Escrow and to sell and purchase the Property, respectively, are subject to the
satisfaction or waiver of each of the following conditions:
2.6.1. The Developer shall have submitted to the Agency, and the Agency shall have
approved a detailed construction budget and a schedule of values/cost breakdown reasonably acceptable
to the Agency, and a construction schedule satisfactory to the Agency, showing estimated dates of the
initiation and completion of each major phase of the construction of the Project.
2.6.2. The Agency shall have approved all financing commitments and equity
commitments described in Section 5.1.
2.6.3. The Agency shall have approved (i) the Construction Contract for the Project, as
described in Section 4.3; and (ii) the Plans and Specifications (but such approval does not constitute any
representation or warranty, express or implied, regarding the Construction Contract or the Plans and
Specifications).
2.6.4. The Agency shall have received satisfactory evidence that the insurance required
by Section 7.1 of this DDA shall be in effect.
2.6.5. Escrow Holder shall be committed to issue the Title Insurance.
2.6.6. The Developer shall have executed and delivered the Regulatory Agreement in
form and substance approved by the Agency.
2.6.7. The construction loan financing described in Section 5.1 shall close concurrently
with the Closing, and the intercreditor agreement described in Section 5.2.2 below shall have been
executed and delivered.
2.6.8. The Developer shall have executed and delivered to the Escrow Holder all
documents required by the Agency to evidence and secure the Agency Loan.
2.6.9. The Developer shall have delivered to Escrow Holder the amounts described in
Section 2.5.
2.6.10. The permits for the construction of the Project shall have been issued and copies
thereof shall have been delivered to the Agency.
2.6.11. All other conditions to closing in Section 5 of the Loan Agreement shall have
been satisfied.
Section 2.7. Escrow Holder
2.7.1. At the Closing, Escrow Holder is authorized to:
11087Xl}00B713019.3 7
(a) Pay and charge the Developer for any fees, charges and costs payable
under this Article. Before such payments are made, the Escrow Holder shall notify the Agency and the
Developer, and receive the Developer's approval of, the fees, charges, and costs necessary to Close the
Escrow; and
(b) Record the Grant Deed, the Regulatory Agreement, a memorandum of this
DDA and the Agency Deed of Trust, and deliver the other documents to the parties entitled thereto.
2.7.2. If the Escrow is not in condition to close before the outside date for closing set
forth in the Schedule of Performance, then either party who then shall have fully performed the acts to
be performed hereunder may, in addition to all other legal or equitable remedies, in writing, terminate
this DDA in the manner hereinafter set forth, and demand the return of its money, papers or documents.
Thereupon all obligations and liabilities of the parties under this DDA shall cease and terminate in the
manner hereinafter set forth. If neither the Agency nor the Developer shall have fully performed the acts
to be performed in the Schedule of Performance, no termination or demand for return shall be
recognized until ten (10) days after Escrow Holder shall have mailed copies of such demand to the other
Party. If any objections are raised within the ten-day period, Escrow Holder is authorized to hold ail
papers and documents with respect to the Property Purchase until instructed in writing by both the
Agency and the Developer or upon failure thereof by a court of competent jurisdiction. If no such
demands are made, the Escrow shall be closed as soon as possible.
2.7.3. Any amendment of these escrow instructions shall be in writing and signed by
both the Agency and the Developer. At the time of any amendment, Escrow Holder shall agree to carry
out its duties as escrow holder under such amendment.
2.7.4. All communications from the Escrow Holder to the Agency or the Developer
shall be directed to the addresses and in the manner established in Section 7.3 of this DDA for notices,
demands and communications between the Agency and the Developer.
2.7.5. The liability of the Escrow Holder under this DDA is limited to performance of
the obligations imposed upon it under this Article 2, and any amendments hereto agreed upon by Escrow
Holder.
ARTICLE 3. REGULATORY AGREEMENT
3.1. Use: The Property shall be used solely for the construction, operation and maintenance of
the Project, and for no other purpose. Thirteen (13) of the units shall be rented exclusively to persons or
families of very low income whose incomes do not exceed fifty percent (50%) of area median income,
and the remainder of the units (other than the manager's unit) shall be rented exclusively to persons or
families of lower income whose incomes do not exceed 60% of area median income. All of the units
(other than the manager's unit) shall be rented to Senior Citizens.
3.1.1 "Persons or families of very low or low income" means persons whose income do
not exceed the amounts set forth in California Health and Safety Code Sections 50105 (very low
income), 50079.5 (lower income) and 50093 (moderate income), for persons and families who have
incomes not greater than the applicable percent of the area median income (adjusted for family size as
appropriate for the Unit) for the very low or lower income categories.
11087~001\713019.3 8
3.1.1.1 "Area median income" shall mean the area median income for Riverside
County as published by the Department of Housing and Community Development pursuant to California
Health and Safety Code Section 50093.
3.1.1.2 "Affordable rent (including a reasonable utility allowance) for very low or
lower income person" means the rent determined under California Health & Safety Code
Section 50053(b) based upon area median income (adjusted for family size appropriate for the Unit) for
the very low or lower income household, as amended from time to time.
3.1.1.3 The terms defined in this Subsection are further defined in Title 25 of the
California Code of Regulations Section 6910, et seq., as from time to time amended, and any successor
regulations thereto. The terms and provisions of California Health and Safety Code Sections 50093,
50105, 50079.5, and 50053 and Title 25 of the California Code of Regulations Section 6910, et seq., as
amended, and any successor statutes or regulations thereto, are incorporated herein by this reference.
3.1.2 Annual Reports: the Developer will be required to provide annually to the Agency
(i) an audited annual financial statement of the operations of the Project; and (ii) a rent roll and income
recertification of all residents.
3.1.3 Budgets: the Developer will be required to obtain the Agency's approval, not to
be unreasonably withheld, of the annual operating budget for the Project;
3.1.4 Senior Citizen: shall mean a person who shall be at least 55 years of age at the
time of leasing of the unit.
3.1.5 Reserves: the Developer will be required to maintain replacement reserves
satisfactory to the Agency, and will not be permitted to withdraw funds from the reserves without the
Agency's approval, not to be unreasonably withheld;
3.1.6 Management: the Developer will be required to obtain the approval of the
Agency, not to be unreasonably withheld, to the operating management of the Project, including the
Developer.
3.1.7 Maintenance: the Developer will maintain the Project in good condition;
3.1.8 Costs of Operation: the Developer will be responsible for all costs of operating
and maintaining the Project, including but not limited to taxes, insurance and utilities.
3.1.9 Insurance: the Developer will be required to maintain insurance coverage
satisfactory to the Agency and naming the Agency as an additional insured.
3.1.10 Nondiscrimination: Provisions substantially the same as Sections 7.18 and 7.19
of this DDA.
Section 3.2. Regulatory Agreement. The Regulatory Agreement shall include at least the
following:
3.2.1 Term: 55 years
11087/,0001\713019.3 9
3.2.2 Use: The Property shall be used solely for the purposes described in Subsection
3.1. This covenant shall run with the land for the benefit oftbe Agency and the Project Area for the
purpose of protecting the interest of the community, and shall be binding on the Developer and all
successors in interest of the Developer. This covenant shall run in favor of the Agency without regard to
whether the Agency has been, or is a holder of any land or interest in the Project Area. The Agency
shall have the right, if such covenants are breached, to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceedings to enforce the curing of such
breaches to which it or any other beneficiaries of such covenants may be entitled, including, without
limitation, specific performance, damages, and injunctive relief. The Agency shall have the right to
assign all of its rights and benefits hereunder to the City.
3.2.3 Annual Reports: the Developer will be required to provide annually to the Agency
the reports required under Subsection 3. !.2.
3.2.4 Budgets: the Developer will be required to obtain the Agency's approval, not to
be unreasonably withheld, of the annual operating budget for the Project;
3.2.5 Reserves: the Developer will be required to maintain operating and replacement
reserves satisfactory to the Agency, and will not be permitted to withdraw funds from the reserves
without the Agency's approval, not to be unreasonably withheld;
3.2.6 Management: the Developer will be required to obtain the approval of the
Agency, not to be unreasonably withheld, to the operating management of the Project, including the
Developer.
3.2.7 Maintenance: the Developer will maintain the Project in good condition;
3.2.8 Nondiscrimination: Provisions substantially the same as Sections 7.18 and 7.19
of this DDA.
Section 3.3. Condition of the Property. The Property shall be sold by the Agency to the
Developer in "as is" condition, without representation or warranty, express or implied, and the
Developer hereby releases the Agency from any and all liability or responsibility for the physical
condition of the Property or any portion thereof, including without limitation any liability or costs that
might be incurred by the Developer by reason of the presence of Hazardous Materials on the Property.
If the Property is not in a condition suitable for its intended use or uses, then it is the sole responsibility
and obligation of the Developer to take such action as may be necessary to place the Property in a
condition suitable for development of the Project thereon. Without limiting the generality of the
foregoing, THE AGENCY AND THE CITY MAKE NO REPRESENTATION OR WARRANTY AS
TO THE MERCHANTABII.ITY OR FITNESS FOR PARTICULAR USE OF ANY OF THE
PROPERTY BEING TRANSFERRED PURSUANT TO THIS AGRF~lvIENT. The Developer
acknowledges that the Agency has made all disclosures and provided all notices to the Developer in
accordance with Health and Safety Code Section 25359.7.
ARTICLE 4. DEVELOPMENT OF THE PROPERTY
Section 4.1. Development of the Project. The Developer shall construct the Improvements
constituting the Project in accordance with the Scope of Development, any conditions of approval
required by the City, the Plans and Specifications, the approved budgets and schedule of values, and all
11087X0001\713019.3 10
terms, conditions and requirements of this DDA, including the Schedule of Performance, it being agreed
that construction of the Project in accordance with the Scope of Development and ail conditional use
permits, conditions of approval, and all terms hereof, is of the essence of this DDA in view of the need
for such Improvements within the City. In connection with such construction, the Developer shall
comply with ail requirements of the City's Municipal Code, and any and all applicable federai, state and
local laws, roles and regulations. Such construction shall be undertaken and completed within the time
parameters set forth in the Schedule of Performance.
Section 4.2. Cost of Construction. The cost of the Project shall be borne solely by the
Developer.
Section 4.3. Local, State and Federal Laws. The Developer shall carry out the
development of the Project in conformity with all applicable laws, including ail applicable federal and
state occupation, safety and health standards, including prevailing wage laws.
Section 4.4. City and Other Governmental Agency Permits and Approvals. The Developer
shail (at the Developer's expense) secure, or cause to be secured, any and ail permits which may be
required by the City or any other governmental agency having jurisdiction over such construction or
development.
Section 4.5. Anti-discrimination During Construction. Throughout the Developer's
ownership of the Property and the development of the Project, the Developer, for itself and its
successors and assigns, agrees that it shail not discriminate against any employee or applicant for
employment because of age, sex, marital status, race, handicap, color, religion, creed, ancestry, or
nationai origin in any manner connection with the ownership, leasing or improvement of the Project.
Section 4.6. Construction Schedule
4.6.1. Subject to the provisions of Section 7.12, the Developer shail begin and complete
all construction within the times specified in the Schedule of Performance or such reasonable extension
of said dates as may be granted by this DDA or by the Agency. The Schedule of Performance is subject
to revision from time to time as mutuaily agreed upon in writing between the Developer and the Agency.
4.6.2. During the period of construction, the Developer shall submit to the Agency, from
time to time, upon receipt of request from the Agency, written reports of the progress of the
construction. The reports shall be in the same form and in the same detail as normally prepared for
intemai reports of the Developer or for reports from the Developer's general contractor to the
Developer.
Section 4.7. Agency Sign Rights. Throughout the course of development of the Project, the
Developer shail place a temporary sign on the Property, in a form approved by the Agency, indicating
the Agency's participation in the development of the Property including individuai names of members of
the Temecula Redevelopment Agency Board and Executive Director.
Section 4.8. Rights of Access During Construction. For the purpose of assuring compliance
with this DDA, representatives of the Agency shail have the reasonable right of access to the Property,
without charges or fees, at normal construction hours during the period of construction for the purposes
of inspecting the work being performed by the Developer in constructing the improvements. Such
representatives shall comply with all safety roles and shail not interfere with or delay the construction of
11087~0001w13019.3 11
the Project. The Agency shall hold the Developer harmless from any injury or damages arising out of
the activities of the Agency as referred to in this Section.
Section 4.9. Certificate of Completion.
4.9.1. After completion of construction and development by the Developer of the
Improvements on any Property, the Agency shall, promptly following written request by the Developer
therefor, furnish the Developer with a Certificate of Completion. The Agency shall not unreasonably
withhold the Certificate of Completion. Such Certificate of Completion shall be, and shall so state that
it is, conclusive determination of satisfactory completion of all of the construction required by this
DDA.
4.9.2. If the Agency refuses or fails to furnish a Certificate of Completion after written
request from the Developer, the Agency shall, within thirty (30) days after the written request, provide
the Developer with a written statement of the reasons the Agency refused or failed to furnish a
Certificate of Completion. The statement shall also contain the Agency's opinion of the action the
Developer must take to obtain a Certificate of Completion. If the reason for such refusal is confined to
the immediate availability of specific items or material for non-material punch list items, and if the
certificate of occupancy has been issued by the City, and if the costs of completion does not exceed
$25,000.00, then the Agency will issue its Certificate of Completion upon the posting by the Developer
with the Agency of a bond or other collateral in an amount representing the cost of completing the work
not yet completed.
4.9.3. Such Certificate of Completion shall not constitute evidence of compliance with
or satisfaction of any obligation of the Developer to any holder of a mortgage, trust deed or other
security instrument. Such Certificate of Completion shall not be construed as a notice of completion as
described in California Civil Code Section 3093.
Section 4.10. Limitation As To Transfer of the Property and Assignment of Agreement. The
Developer acknowledges that the identity of the Developer's general partner is of particular concern to
the Agency, and it is because of the such general partner's identity that the Agency has entered into this
DDA with the Developer. No voluntary or involuntary successor in interest of the Developer's general
partner shall acquire any rights or powers under this DDA without the consent of Agency.
Except as expressly set forth herein, Developer shall not, until the expiration of 55 years
after the issuance of the last Certificate of Occupancy for the Project, transfer its fee simple interest in
the Property, the Project, this DDA or any of the Developer's rights hereunder, or any interest in the
Property or in the improvements thereon, directly or indirectly, voluntarily or by operation of law, nor
shall the Developer's general partner transfer or encumber, voluntarily or by operation of law, its
interest in the Developer without the prior written approval of Agency; however, Developer may enter
into space leases for Units. In considering whether it will grant approval to any transfer by Developer,
Agency shall utilize its sole reasonable discretion, consider factors such as (i) whether the completion of
the Project is jeopardized; (ii) the financial strength and capability of the proposed transferee to perform
Developer's obligations hereunder; and (iii) the proposed transferee's experience and expertise in the
planning, financing, development, ownership, and operation of similar real estate developments. It shall
be deemed reasonable for the Agency to refuse to consent to a transfer based on any of the above
referenced reasons. This prohibition on transfers shall not be deemed to prevent the (i) granting of
easements or permits to facilitate the development of the Property, or (ii) any mortgage or deed of trust
permitted by this DDA.
11087q}001\713019.3 12
In the event that this Section 4.10 is violated, the Agency shall have the cumulative
options to terminate this DDA, and additionally to seek all remedies available at law or equity.
4.10.1. Transfer Without Consideration. Notwithstanding the provisions of Section 4.10,
the Agency agrees it shall not unreasonably withhold consent to any transfer made by the Developer to a
limited pannership in which David A. Ferguson and Corporation for Better Housing, are the general
par'reefs, or a limited liability company in which David A. Ferguson and Corporation for Better Housing,
is the managing members; provided, however, if such transfer occurs prior to the issuance of the
Certificate of Completion, the Developer shall remain jointly and severally liable with such transferee
for the performance of the Developer's obligations set forth in this DDA, and provided, further, that the
transferee executes and delivers to Agency a written assumption of Developer's obligations to Agency
under this DDA which is acceptable to Agency.
Section 4.11. Security Financing; Rights of Mortgagees.
4.11.1. No Encumbrances Except Mortgages, Deeds of Trust, Conveyances or Other
Conveyance for Financing Development.
4.11.1.1. Notwithstanding Section 4.13 or any other provision herein to the
contrary, the TCAC Regulatory Agreement, if applicable, and mortgages required for any reasonable
method of construction and permanent financing are permitted to encumber the Property, but only with
the prior written approval of the Agency (which approval shall not unreasonably be withheld), and only
for the purpose of securing loans of funds to be used for financing the direct and indirect costs of the
Project (including reasonable and customary developer fees, loan fees and costs, and other normal and
customary project costs).
4.11.1.2. The words "mortgage" and "deed of trust" as used herein include ail
other appropriate modes of financing commonly used in real estate acquisition, construction and land
development.
4.11.2. Notice of Default to Mortgagees; Right to Cure. Whenever the Agency shall
deliver a notice or demand to the Developer with respect to any breach or default by the Developer in
completion of development of the Project, the Agency shall at the same time deliver a copy of such
notice or demand to the Mortgagee of any first mortgage, deed of trust or other security interest
authorized by this DDA who has previously made a written request to the Agency for special notice
hereunder. No notice of default to the Developer shall be effective against any such Mortgagee unless
given to such Mortgagee. Such Mortgagee shall (insofar as the rights of the Agency are concerned)
have the right, at its option, within 30 days after receipt of the notice, to cure or remedy any such default
and to add the cost thereof to the security interest debt and the lien of its security interest. If such default
shall be a default which can only be remedied or cured by the Mortgagee upon obtaining possession,
such Mortgagee shall seek to obtain possession with diligence and continuity through a receiver or
otherwise, and shall remedy or cure such default within a reasonable period of time as necessary to
remedy or cure such default of the Developer.
4.11.3. Noninterference with Mortgagees. The provisions of this DDA do not limit the
right of Mortgagees to foreclose or otherwise enforce any mortgage, deed of trust, or other security
instrument encumbering the Property and the improvements thereon, or the right of Mortgagees to
pursue any remedies for the enforcement of any pledge or lien encumbering the Property; provided,
however, that in the event of a foreclosure sale under any such mortgage, deed of trust or other lien or
11087~0001\713019.3 13
encumbrance, or sale pursuant to any power of sale contained in any such mortgage or deed of trust, the
purchaser or purchasers and their successors and assigns, and the Property, shall be, and shall continue
to be, subject to all of the conditions, restrictions and covenants of this DDA and all documents and
instruments recorded pursuant hereto.
4.11.4. Right of Agency to Cure Mortgage Default. In the event of a default or breach by
the Developer of any mortgage, deed of trust, lease-back or other security instrument prior to the
completion of the Improvements, the Agency may cure the default prior to completion of any
foreclosure or other proceedings by which any other security interest is retained. The Agency shall be
entitled to reimbursement from the Developer of alt costs and expenses incurred by the Agency in curing
the default, including costs and expenses for the Agency's and the City's personnel. Such
reimbursement obligation shall be added to the sums secured by the Deed of Trust. Any such lien shall
be subject to mortgages, deeds of trust, or other security instruments executed for the sole purpose of
obtaining funds to construct the Improvements and to finance such costs as authorized herein. Such lien
may be foreclosed in the fashion provided by California Civil Code Section 2924e. The Agency's rights
under this Section are in addition to and not in lieu of its other rights and remedies under this DDA.
ARTICLE 5. FINANCING
Section 5.1. Equity Commitments and Construction Loans. On or before the date set forth
therefor in the Schedule of Performance, and as a condition precedent to the Agency's sale of the
Property to the Developer, the Developer shall submit to the Agency, for approval by the Agency's
Executive Director, evidence of financing for the Project. Evidence of financing shall include, at a
minimum, evidence of a preliminary reservation for an allocation of tax credits from the California Tax
Credit Allocation Committee and the commitment of investors to the Project in consideration for the
Developer's transfer of such tax credits to the investors, the Developer's proforma and line-item budget
showing that estimated development costs match adequate financing (including the source of financing),
a copy of a commitment obtained by the Developer for a mortgage loan or loans to assist in financing
the hard and soft costs of constructing the Improvements, and other evidence satisfactory to the Agency
of sources of loans or capital, sufficient to demonstrate that the Developer has adequate funds to cover
development and construction costs of the Project (including hard and soft costs), or to cover the
difference, if any, between the amount of the development and construction costs and the amount of
construction loan financing authorized by a mortgage loan. The terms and conditions of such
commitments, and the identity of the construction lender, shall be subject to approval by the Agency's
Executive Director, which approval may be granted or withheld in the Executive Director's reasonable
discretion. In particular, the construction loan commitment shall provide for a sufficient term of the loan
necessary for development of the Project consistent with the Schedule of Performance, plus additional
time for reasonable delays, and shall not have discretionary contingencies, nor shall it contain an
appraisal contingency, but it may include customary contingencies outside the lender's or the
Developer's control (such as a contingency of the provision of the funds for the take-out loan or
purchase commitment). The agreements with the investors may not provide for an initial fee payable to
the agent or representative of the investors, but may provide for an annual asset management or
comparable fee not greater than $5,000 per year, plus yearly adjustments for inflation, that does not
continue for longer than 15 years from the date of the issuance by the Agency of a Certificate of
Completion for the Project.
Section 5.2. Agency Loan.
11087X~001\713019.3 14
5.2.1 General Terms. As a portion of the permitted financing, the Agency shall lend up
to $2,615,000 (the "Agency Loan") to the Developer. The Agency Loan shall be evidenced by a loan
agreement in the form of Exhibit D (the "Loan Agreement"), a promissory note in substantially the form
attached hereto as Exhibit F (the "Agency Note") and secured by a deed of trust (the "Agency Deed of
Trust"), in the form attached hereto as Exhibit G encumbering the Developer's interest in the Project,
and other security instruments in the form and substance required by the Agency. The Loan Agreement,
the Agency Note, the Agency Deed of Trust and the Regulatory Agreement are referred to herein as the
"Agency Loan Documents".
5.2.2 Disbursement Procedures. As provided in an intercreditor agreement
between the Agency and the primary construction lender, approved by the Developer, the proceeds of
the Agency Loan shall be disbursed to a construction account in trust at such construction lender, which
shall disburse the Agency's funds for construction costs in accordance with good construction practices
and pursuant to a mutually acceptable cost breakdown.
5.2.2.1 The project construction shall be deemed complete when the
developer shows evidence of the following:
(i)
That Developer or the contractor shall have recorded a statutory
Notice of Completion;
(ii) That all claims for labor and material have been paid, all
mechanics lien releases received, and all warranties obtained;
(iii) That no claims have been presented to Developer or Agency by
any person, based upon any act or omission of the contractor;
(iv) Thirty-five (35) days shall have lapsed since the recording of the
Notice of Completion, and no mechanics liens or stop notices to withhold shall have been filed against
said work or property prior to the expiration of such period, or such liens or notices shall have been
released. In lieu of the latter, contractor may supply a bond, satisfactory to Agency, protecting
Developer against any possible lien or stop notice;
(v) That all work requiring a City building permit has a permit on file
and has been inspected and signed-off by a City Building Inspector; and
. (vi) That Developer and Agency shall have signed a Certificate of
Completion indicating all work has been satisfactorily completed.
Section 5.3. Subordination. The Agency agrees to subordinate the Regulatory Agreement and
the Agency Loan to a construction loan and a permanent loan, on the following terms and conditions:
5.3.1. Construction Loan. The Construction Loan shall have the following terms:
5.3.1.1. the original principal amount (not including interest that may accrue
thereon) shall be not less than $3,200,000.00.
5.3.1.2. interest shall accrue thereon at a rate that does not exceed a
commercially reasonable rate, and loan fees and costs shall be commercially reasonable;
11087~0001W13019.3 15
5.3.1.3. the Construction Loan shall be provided by Bank of America, or
another institutional lender;
5.3.1.4. the term of the Construction Loan shall be for at least twelve (12)
months (exclusive of the Lender's right to accelerate the maturity in the event of a default);
5.3.1.5. the Construction Loan shall be secured by a first lien on the Property
interest, which first lien shall be in the form and substance as required by the Construction Loan Lender;
and
5.3.1.6. the Construction Loan shall have such other terms and conditions as
are required by Lender making the Construction Loan and approved by the Agency's Executive
Director.
5.3.2. Permanent Loan. The Permanent Loan shall have the following terms:
5.3.2.1. unless approved by the Agency Board in writing, the principal amount
of the Permanent Loan shall not exceed the outstanding balance of the Construction Loan plus the
Developer's equity, plus the commercially reasonable costs of originating the loan;
5.3.2.2. The Permanent Loan shall be provided by an institutional lender;
5.3.2.3. the original principal balance (exclusive of any interest accrued
thereon) shall be not more than 95% of the fair market value of the Improvements as determined by the
Lender making the Permanent Loan;
5.3.2.4. interest shall accrue thereon at a rate that does not exceed a
commercially reasonable rate, and loan fees and costs shall be commercially reasonable;
5.3.2.5. the net operating income of the Property, as defined by the Lender
making the Permanent Loan, will be equal to at least 1.15 times the scheduled debt service of the
Permanent Loan, unless such loan is not available without the payment of fees, or points or without the
establishment of reserves or the delivery of guarantees or other security other than such property, in
which event such lower debt service coverage ratio, as permitted by the Lender making the loan, may be
used;
5.3.2.6. the term of the Permanent Loan shall be for at least seventeen (17)
years, with an amortization period of no fewer than thirty (30) years (exclusive of the Lender's right to
accelerate the maturity in the event of a default);
5.3.2.7. the Permanent Loan shall be amortized over a period of not less than
25 years, provided however that the term of the Permanent Loan may expire prior to the full
amortization of the Permanent Loan with a lump sum payment for the unpaid principal balance due at its
maturity;
5.3.2.8. the Permanent Loan shall have such additional terms and conditions as
are required by the Lender making the Permanent Loan and approved by the Agency's Executive
Director.
11087~0001\713019.3 16
Section 5.4 Developer Fee. In no event shall Developer pay to itself or receive, directly or
indirectly, a developer fee in excess of $706,000 for or in connection with the Project, whether from
loan funds or otherwise.
Section 5.5. TCAC Regulatory Agreement. If the Developer is obtaining investors through the
sale of low income tax credits, then the Agency agrees to subordinate the Regulatory Agreement and the
Agency Loan to a TCAC Regulatory Agreement on customary terms as approved by the Agency's
Executive Director. The Regulatory Agreement shall be subordinate to the TCAC Regulatory
Agreement, and compliance with the TCAC Regulatory Agreement shall be deemed compliance with
the Regulatory Agreement to the extent the TCAC Regulatory Agreement is more restrictive than the
Regulatory Agreement. In case of conflict between the Regulatory Agreement and the TCAC
Regulatory Agreement, the Developer shall comply with the more restrictive terms.
ARTICLE 6. EVENTS OF DEFAULT, REMEDIES AND TERMINATION
Section 6.1. Defaults--Definition.
Occurrence of any or all of the following shall constitute a default ("Default") under this
DDA:
6.1.1. The Developer's failure to commence construction of the Improvements, or to
complete construction of the Improvements in accordance with the time parameters set forth in the
Schedule of Performance, subject to Section 7.12 hereof; or
6.1.2. A violation of Section 4.10 of this DDA; or
6.1.3. The suspension of work on the Improvements, for a period a period of 15
consecutive days, subject to Section 7.12 hereof; or
6.1.4. The Developer's neglect, failure or refusal to keep in force and effect any permit
or approval with respect to development of the Project or any policy of insurance required hereunder,
and the Developer's failure to cure such breach within 10 days after written notice from the Agency of
the Developer's breach;
6.1.5. Filing of a petition in bankruptcy by or against the Developer or appointment of a
receiver or trustee of any property of the Developer, or an assignment by the Developer for the benefit
of creditors, or adjudication that the Developer is insolvent by a court, and the failure of the Developer
to cause such petition, appointment, or assignment to be removed or discharged within 90 days;
6.1.6. Subject to the provisions of Section 7.12 hereof, the Developer's failure to
perform any requirement or obligation oi~ Developer set forth herein or in the Schedule of Performance
not heretofore described on or prior to the date for such performance set forth herein or in the Schedule
of Performance, and the failure of the Developer to cure or perform such obligation or requirement
within 15 days after written notice of such delinquency.
6.1.7. A "default" by Developer occurs under the Loan Agreement.
11087K~001\713019.3 17
Section 6.2. Remedies in the Event of Default.
6.2.1. Remedies. In the event of a Default under this DDA, the non-defaulting Party
shall, have the right to terminate this DDA by delivering written notice thereof to the defaulting Party
and to Escrow Holder, and the non-defaulting Party may seek against the defaulting Party any available
remedies at law or equity, including but not limited to the right to receive compensatory damages or to
pursue an action for specific performance.
6.2.2. Liberal Construction. The rights established in this Article are to be interpreted in
light of the fact that the Agency will convey the Property to the Developer for development and
operation of the Project thereon and not for speculation in undeveloped land or for construction of
different improvements. The Developer acknowledges that it is of the essence of this DDA that the
Developer is obligated to complete all Improvements comprising the Project.
Section 6.3. No Personal Liability. No representative of the Agency shall personally be liable
to the Developer, or any successor in interest of the Developer, in the event of any Default or breach by
the Agency, or for any amount which may become due to the Developer, or any successor in interest, on
any obligation under the terms of this DDA.
Section 6.4. Legal Actions.
6.4.1. Institution of Legal Actions. Any legal actions brought pursuant to this
DDA must be instituted in the County of Riverside, State of California.
6.4.2. Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this DDA.
6.4.3. Acceptance of Service of Process. If any legal action is commenced by
the Developer against the Agency, service of process on the Agency shall be made by personal service
upon the executive director or secretary of the Agency, or in such other manner as may be provided by
law. If any legal action is commenced by the Agency against the Developer, service of process on the
Developer shall be made by personal service upon the Developer, or in such other manner as may be
provided by law, whether made within or without the State of California.
Section 6.5. Rights and Remedies are Cumulative. Except as otherwise expressly stated in this
DDA, the rights and remedies of the pmties are cumulative, and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same time or different times,
of any other rights or remedies for the same default or any other default by the other party.
Section 6.6. Inaction Not a Waiver of Default. Except as expressly provided in this DDA to
the contrary, any failures or delays by either Party in asserting any of its rights and remedies as to any
default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either
such pazty of its rights to institute and maintain any actions or proceedings which it may deem necessary
to protect, assert or enforce any such rights or remedies.
ARTICLE 7. GENERAL PROVISIONS
Section 7.1. Insurance.
11087X0001\713019.3 18
7.1.1. Throughout development of the Project, the Developer shall take out and
maintain, at no cost or expense to the Agency, with a reputable and financially responsible insurance
company reasonably acceptable to the Agency, comprehensive broad form general public liability
insurance, insuring the Developer and the Agency against claims and liability for bodily injury, death, or
property damage arising from the use, occupancy, condition, or operation of the Property and the
Improvements thereon, which insurance shall provide combined single limit protection of at least
$4,000,000, and include contractual liability endorsement. Such insurance shall name the City and the
Agency and their members, officers, employees, and servants, as additional insureds.
7.1.2. Before commencement of any demolition or construction work on the Property, or
any portion thereof, the Developer shall also procure or cause to be procured, and shall maintain in force
until completion of said work (i) "all risk" builder's risk insurance, including coverage for vandalism
and malicious mischief, in a form and amount and with a company reasonably acceptable to the Agency,
and (ii) workers' compensation insurance covering all persons employed in connection with work on the
Property, or any portion thereof. Said builder's risk insurance shall cover improvements in place and all
material and equipment at the job site furnished under contract, but shall exclude contractors',
subcontractors', and construction managers' tools and equipment and property owned by contractors'
and subcontractors' employees.
7.1.3. The Developer shall also furnish or cause to be furnished to the Agency evidence
satisfactory to the Agency that any contractor with whom it has contracted for the performance of work
on Property or otherwise pursuant to this DDA carries workers' compensation insurance as required by
law.
7.1.4. With respect to each policy of insurance required above, the Developer shall
furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on the
insurance carrier's form setting forth the general provisions of the insurance coverage. The required
certificate shall be furnished by the Developer prior to commencement of development of the Project.
7.1.5. All such policies required by this Section shall be nonassessable and shall contain
language to the effect that (i) the policies cannot be canceled or materially changed except after thirty
(30) days' written notice by the insurer to the Agency, and (ii) the Agency shall not be liable for any
premiums or assessments. All such insurance shall have deductibility limits reasonably satisfactory to
the Agency. Agency shall be named as loss payee on all casualty insurance.
Section 7.2. Indemnity. The Developer shall indemnify, defend, protect, and hold harmless
the Agency and the City and any and all agents, employees and representatives of the Agency and the
City, from and against all losses, liabilities, claims, damages (including consequential damages),
penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs
and reasonable attorney's fees) and demands of any nature whatsoever, related directly or indirectly to,
or arising out of or in connection with:
(i) the Property;
(ii) any breach or Default of the Developer hereunder,
(iii) any of the Developer's activities on the Property (or the activities of the Developer's agents,
employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or
11087x1~01\713019.3 19
independent contractors on the Property), including without limitation the construction of any
Improvements on the Property, or
(iv) any other fact, circumstance or event related to the Developer's performance hereunder, or
which may otherwise arise from the Developer's ownership, use, possession, improvement, operation or
disposition of the Property, regardless of whether such losses and liabilities shall accrue or are
discovered before or after termination or expiration of this DDA, except to the extent such losses or
liabilities are caused by or contributed by the negligent or intentionally wrongful act of the Agency.
Section 7.3. Notices. All notices and demands shall be given in writing by certified mail,
postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered
given upon the earlier of (a) personal delivery or (b) two (2) business days following deposit in the
United States mail, postage prepaid, certified or registered, return receipt requested. A copy of all
notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective
party; provided that if any party gives notice in writing of a change of name or address, notices to such
party shall thereafter be given as demanded in that notice:
Agency:
with a copy to:
Developer:
Redevelopment Agency of City of Temecula
43200 Business Park Drive
Temecula, California 92589
Attn: Redevelopment Director
John R. Meyer AICP
(Telephone: (909) 694-6412)
(Fax: (909) 693-3903)
Richards, Watson & Gershon
A Professional Corporation
333 South Hope Street, 38th Floor
Los Angeles, California 90071
Attention: Peter Thorson
(Telephone: 213-626-8484)
(Fax: 213-626-0078)
(e-mail: pthorson@rwglaw.com)
David Ferguson and
Corporation for Better Housing
15490 Ventura Blvd. Suite 210
Sherman Oaks, California 91403
Attention: David A. Ferguson
(Telephone: 818-905-2430)
(Fax: 818-905 -2440)
(e-mall: kavigem@aol.com)
11087~0001\713019.3 20
Escrow Holder:
First American Title Insurance Company
3625 Fourteenth Street
Riverside, California 92501
Attention: Debbie Newton, Escrow Officer
(Telephone: 909-787-1700)
(Any e-mail addresses set forth above are for convenience only and notices shall not be deemed
delivered if sent by e-mail only.)
Section 7.4. Construction. The Parties agree that each Party and its counsel have reviewed and
revised this DDA and that any rote of construction to the effect that ambiguities are to be resolved
against the drafting Party shall not apply in the interpretation of this DDA or any amendments or
exhibits thereto.
Section 7.5. Limitation on Applicability of this DDA to the City and the Agency. The
Developer acknowledges and agrees that the City shall be bound hereby only to the extent any
obligations specifically name and refer to the City, and the City shall not be liable for any breach or
default of the Agency in the performance of the Agency's obligations hereunder. Moreover, the
Developer acknowledges and agrees that the Agency shall not be liable for any breach or default of the
City in the performance of any obligations specifically naming and attributable to the City hereunder.
The obligations of the City and the Agency are several.
Section 7.6. Agency's Warranties. The Agency warrants and represents to the Developer as
follows:
7.6.1. The provisions hereof applicable to the Agency constitute the valid and binding
agreement of the Agency and are enforceable in accordance with their terms.
7.6.2. The Agency is a redevelopment agency duly formed and in good standing and has
full power and authority to execute and enter into this DDA and to consummate the transactions
contemplated hereunder. Neither the execution nor delivery of this DDA, nor the consummation of the
transactions covered hereby, nor compliance with the terms and provisions hereof, shall conflict with, or
result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement
or instrument to which the Agency is a party.
Section 7.7. Developer's Warranties. The Developer warrants and represents to the City and
the Agency as follows:
7.7.1. That Corporation for Better Housing is a 501(c) 3 not for profit corporation and
that it and Developer are duly formed and in good standing and have full power and authority to execute
and enter into this DDA and to consummate the transactions contemplated hereunder. This Agreement
constitutes the valid and binding agreement of the Developer, enforceable in accordance with its terms.
Neither the execution nor delivery of this DDA, nor the consummation of the transactions covered
hereby, nor compliance with the terms and provisions hereof, shall conflict with, or result in a breach of,
the terms, conditions or provisions of, or constitute a default under, any agreement or instrument to
which the Developer is a party.
11087~0001\713019.3 21
7.7.2. The Developer has inspected the Property and is familiar with all aspects of the
Property and its condition, and accepts such condition.
7.7.3. The Developer has not paid or given, and will not pay or give, to any third person,
any money or other consideration for obtaining this DDA, other than normal costs of conducting
business and costs of professional services such as architects, engineers and attorneys.
7.7.4. No commission or fee whatsoever is payable to any person, firm, corporation,
partnership or other entity in connection with the transactions contemplated by this DDA due to the acts
of the Developer. The Developer has used no broker, agent, finder or other person in connection with
the transaction contemplated hereby to whom a brokerage or other commission or fee may be payable.
Section 7.8. Interpretation. In this DDA the neuter gender includes the feminine and
masculine, and singular number includes the plural, and the words "person" and "party" include
corporation, partnership, firm, trust, or association where ever the context so requires.
Section 7.9. Time of the Essence. Time is of the essence of this DDA.
Section 7.10. Attorneys' Fees. ff any Party brings an action to enfome the terms hereof or
declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable
attorneys' fees to be paid by the losing Party as fixed by the court. If either the City or the Agency,
without fault, is made a party to any litigation instituted by or against the Developer, then the Developer
shall defend the City and the Agency against and save the City and the Agency harmless from ail costs
and expenses including reasonable attorney's fees incurred in connection with such litigation.
Section 7.11. Memorandum of Agreement. This Agreement shall not be recorded. A
memorandum of this DDA, in the form attached hereto as Exhibit H shall be recorded with the County
Recorder of the County of Riverside.
Section 7.12. Force Majeure. In addition to specific provisions of this DDA, delay in
performance by either party hereunder shall not be a Default where delays or defaults are due to war;
insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the
public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; severe
weather; or any other causes beyond the control or without the fault of the party claiming an extension
of time to perform. An extension of time for any such cause shall only be for the period of the enforced
delay, which period shall commence to run from the time of the commencement of the cause, if the party
claiming such extension gives notice of the delay within 10 days after the commencement of the cause.
If, however, the party claiming such extension fails to give such notice within 10 days after the
commencement of the cause, the period shall commence to run only 10 days prior to the giving of such
notice. Times of performance under this DDA may be extended in writing by the Agency and the
Developer.
Section 7.13. Inspection of Books and Records. The Agency shall have the right at all
reasonable times to inspect the books and records of the Developer pertaining to the Project as pertinent
to the purposes of this DDA.
Section 7.14. Plans and Data. If the Developer does not proceed with the acquisition of the
Property or development of the Project or if this DDA is terminated for any reason, the Developer shall,
subject to any rights provided by the Developer to its construction lender, deliver to the Agency, without
11087~0001\713019.3 22
cost or expense to the Agency, copies of any and all maps, architecture, engineering, subdivision
approvals, permits, entitlements, rights, contracts, plans, drawings, studies, designs, reports, surveys, and
data pertaining to the Project and their development (collectively, "Site Designs") which are in the
possession of the Developer, together with a Bill of Sale therefor, which Site Designs shall, subject to
any rights thereto provided by the Developer to its construction lender, thereupon be the sole property of
the Agency and may be used by the Agency, free of all claims or interests of Developer or any other
person, other than the interest therein held by Developer's construction lender, whose interest shall be
superior to that of Agency in the Site Designs; and which Agency may use, grant, license or otherwise
dispose of to any person for development of the Project or any other purpose.
Section 7.15. Developer's Private Undertaking. The development covered by this DDA is a
private undertaking. It is hereby acknowledged that the relationship between the Agency and the
Developer is not that of a pannership, joint venture, or any form of business organization, and that the
Agency and the Developer shall not be deemed or construed for any purpose to be the agent of the other.
Section 7.16. Entire Agreement, Waivers and Amendments. This Agreement, together with all
attachments and exhibits hereto, constitutes the entire understanding and agreement of the parties. This
Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and
supersedes all negotiations or previous agreements between the parties with respect to the subject matter
hereof. No subsequent agreement, representation or promise made by either Party hereto, or by or to
any employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing
and executed by the Party to be bound thereby. No person is authorized to make, and by execution
hereof the Developer and the Agency acknowledge that no person has made, any representation,
warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or
promise made by any such person which is not contained herein shall be valid or binding on the
Developer or the Agency.
Section 7.17. Severability. Each and every provision of this DDA is, and shall be construed to
be, a separate and independent covenant and agreement. If any term or provision of this DDA or the
application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this DDA,
or the application of such term or provision m circumstances other than those to which it is invalid or
unenforceable, shall not be affected hereby, and each term and provision of this DDA shall be valid and
shall be enforced to the extent permitted by law.
Section 7.18. Obligation to Refrain from Discrimination. The Developer covenants and agrees
for itself, its successors and assigns, and for every successor in interest to the Property or any part
thereof, that there shall be no discrimination against or segregation of any person, or group of persons,
on account of sex, marital status, age, handicap, race, color, religion, creed, national origin or ancestry in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, and the
Developer (itself or any person claiming under or through the Developer) shall not establish or permit
any such practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property or any
portion thereof.
Section 7.19. Form of Nondiscrimination and Nonsem'e~,ation Clauses. The Developer shall
refrain from restricting the rental, sale or lease of the Property or any portion thereof, on the basis of sex,
age, handicap, marital status, race, color, religion, creed, ancestry or national origin of any person. All
deeds, leases and contracts relating to the sale or transfer of the Property or any interest therein, shall
contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
11087~0001\713019.3 23
1. In deeds: "The grantee herein covenants by and for himself, his heirs, executors,
administrators and assigns, and ail persons claiming under or through them, that there shail be no
discrimination against or segregation of, any person or group of persons on account of sex, marital
status, race, age, handicaps color, religion, creed, national origin or ancestry in the saie, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself
or any person claiming under or through him, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing
covenants shall run with the land.
2. In leases: ''The lessee herein covenants by and for himself, his heirs, executors,
administrators and assigns, and all persons claiming under or through him, and this lease is made and
accepted upon and subject to the following conditions:
'That there shall be no discrimination against or segregation of any person or group of persons
on account of sex, maritai status, race, age, handicap, color, religion, creed, nationai origin or ancestry,
in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased, nor shail the lessee
himself, or any person claiming under or through him, establish or permit any such practice or practices
of discrimination or segregation with reference to the selection, location, number, use or occupancy, of
tenants, lessees, sublessees, subtenants or vendees in the land herein leased.'"
3. In contracts relating to the sale or transfer of the Property or any interest therein: 'Where
shail be no discrimination against or segregation of any person or group of persons on account of sex,
marital status, race, age, handicap, color, religion, creed, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shail the transferee himself or
any person claiming under or through him, establish or permit any such practice or practices of
discrminafion or segregation with reference to the selection, location, number, use or occupancy, of
tenants, lessees, subtenants, sublessees or vendees of the land."
Section 7.20. Effect and Duration of Covenants. Following construction of the Project in
accordance with this DDA, each of the rights, duties and obligations of the Developer and the Agency
shail be deemed to have been satisfied under this DDA, and the Developer and its successors in interest
to the Property shail have no further obligations with respect to the matters provided for in this DDA
with the exception of (i) the indemnity obligation of Developer hereunder; and (ii) the following, each of
which shall be set forth in particularity in any document of transfer or conveyance by the Developer:
(1) The Redevelopment Plan, which shall remain in effect until expiration of the
Redevelopment Plan, as the same may be extended from time to time;
(2) The obligations of the Developer under the Regulatory Agreement and the
Agency Loan Documents;
(3) The anti-discrimination and nonsegregation requirements set forth in Sections
7.18 and 7.19, which shall remain in effect in perpetuity; and
(4) Easements to the Agency, City or other public agencies for utilities existing as of
the execution of this DDA, which shail remain in effect according to their terms.
11087~0001\? 13019.3 24.
Section 7.21. Survival. The provisions hereof shall not terminate but rather shall survive any
conveyance hereunder and the delivery of all consideration.
IN WITNESS WHEREOF, the Parties have entered into this agreement as of the day and
year first above written.
28500 PUJOL STREET, L.P.,
a California limited partnership ("Developer")
By:
David A. Ferguson,
an individual, its Administrative General Partner
By: Corporation for Better Housing,
a California corporation, its Managing General Partner
By:
Charles Bmmbaugh
Executive Director
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and politic ("Agency")
ATTEST:
By:
Ron Roberts, Chairperson
Susan Jones, CMC
Agency Secretary
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter M. Thorson, Agency Counsel
11087~0001~713019.3 25
EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Legal Description -- the Property
Scope of Development
Schedule of Performance
Form of Loan Agreement
Form of Regulatory Agreement
Form of Agency Note
Form of Agency Deed of Trust
Form of Memorandum of Agreement
Form of Certificate of Completion
11087~0001\?13019.3 26
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
[Attached.]
11087~0001\713019.3
A-1
ORDER NO 10212831-9
EXHIBIT "A"
PARCEL 1:
THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT
TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF
WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED
RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1,
27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15
OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
IN BLOCK
PAGE 726
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID
MAP;
THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPT THE NORTHWESTERLY 70 FEET.
ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE
SOUTHWESTERLY LINE OF RIVER STREET.
PARCEL 2:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF
THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
--4--
ORDER NO 10212831-9
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP;
THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
PARCEL 3:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF
THE FOLLOWING DESCRIBED PARCEL:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY
CORNER OF LOT 22, BLOCK 25 ON SAID;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
-5-
ORDER NO 10212831-9
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
2.
3.
4.
NO TAXES DUE
NO TAXES DUE
NO TAXES DUE
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75)
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT
AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT
MAPS OR NOTICES FILED BY SAID DISTRICTS.
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN
BY THE PUBLIC RECORDS.
THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT
EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO
CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS
INSTRUMENT NO. 92330, OFFICIAL RECORDS.
EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN
KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT
WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS
EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE,
BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY
7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS
OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY
OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE
IMMEDIATELY FOR FURTHER REVIEW.
-6-
ORDER NO 10212831-9
10.
WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE
EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER
MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT
WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS
OR ENCUMBRANCES THEREON.
PARTIES:
ALL PARTIES TO THIS TRANSACTION
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO
COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS
ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED
BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF
INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF
CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN
FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE
ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND
WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.)
-7-
EXHIBIT B
SCOPE OF DEVELOPMENT
[Attached.]
11087~0001\713019.3
B-1
EXHIBIT "B"
SCOPE OF DEVELOPMENT
(PUJOL STREET SENIOR HOUSING;
TEMECULA)
The Development comprises 65 units of affordable housing for seniors and one
manager's unit. The one-bedroom units are organized in approximately 6 two-story
buildings. The project will include a community/recreation room, a swimming pool, on-
site office and landscaped grounds, security gates; block walls and a retaining wall will
enclose the site. Forty-seven parking spaces are provided for the use of residents and
their guests. A centrally located trash pick-up area is provided. An existing blue water
channel which traverses the site will be rerouted in a concrete drainage pipe to discharge
towards the river. The rear yard areas to the habitat for humanity neighboring homes will
be donated to those properties and a lot line adjustment will be processed. The buildings'
aesthetic includes stucco and wood siding and asphalt shingle roofs. Private balconies or
patios with storage closets are included. The Development will be financed with low
income housing tax credits, a City of Temecula low interest "Residual Receipts" loan and
conventional construction and permanent financing. The approximately 2.5 acre site will
be conveyed to the Developer following approval by the Agency of the DDA on
January 14, 2003 (and upon completion of due diligence and other conditions as provided
in, and subject to, the DDA).
11087~000B717501.1
EXHIBIT C
SCI4F. DULE OF PERFORMANCE
[Attached.]
11087~0001\713019.3
C-1
Project Development Schedule
Corporation for Better Housing
2.
3.
4.
5.
6.
7.
8.
9.
ACTION
Execution of Redevelopment Agreements
Submission of Plans for City Approval
Demonstrate Evidence of Construction Financing
Close Escrow on Property
Close Construction and Bond Financing
Receive Building Permits
Commence Construction
Commence Marketing
Receive Release of Utilities for all Units
DATE
On or Before January 14, 2003
On or Before June 30, 2003
On or Before July 15, 2003
On or Before July 25, 2003
On or Before July 25, 2003
On or Before July 31, 2003
On or Before August 1, 2003
On or Before November 1, 2003
Within Eight Months (8) of
issuance of building permits
R:~Housing 2~02\CBHProject Development Schedule.doc
EXHIBIT D
FORM OF LOAN AGREEMENT
[Attached.]
11087~0001\713019.3
D-1
CONSTRUCTION LOAN AGREEMENT
This CONSTRUCTION LOAN AGREEMENT (this "Loan Agreement") is made
and entered into effective as of the day of ,2003 (the "Effective Date"), by
and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public
body, corporate and politic ("Agency"), and 28500 PUJOL STREET, a California limited
partnership ("Borrower").
RECITALS
A. Pursuant to that certain Disposition and Development Agreement dated
,2003 between Agency and Borrower (the "DDA"), Agency has agreed to convey to
Borrower that certain real property at 28500 Pujol Street located in the Temecula Redevelopment
Project Area No. 1988-1 (the "Project Area"), in the City of Temecula, County of Riverside,
State of California, and more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Property").
B. The purpose of this Loan Agreement is to further the Agency's affordable housing
goals in the City of Temecula (the "City") by facilitating the construction of sixty-six (66) one-
bedroom senior garden apartments (each, a "Unit" and collectively, the "Units") on the Property
and thereby increase the supply of affordable housing in the City (the "Project").
C. The Agency desires to lend and the Borrower has agreed to borrow from the
Agency the sum of up to $2,615,000.00 for construction of the "Improvements" (as defined
below) that will be part of the Project described herein.
D. The Project is in the best and vital interests of Agency and the City, and the
health, safety and welfare of the residents and taxpayers in the City, and is in accord with the
public purposes and provisions of applicable state and local laws. Completion of the Project will
eliminate significant blight in the community as required by the Housing Element of the General
Plan and the Redevelopment Implementation Plan for the Project Area.
NOW, THEREFORE, THE AGENCY AND THE BORROWER AGREE AS
FOLLOWS:
1. Fundamental Provisions.
(a) Amount of Loan: $2,615,000.00.
(b) Borrower's Address for Notices:
c/o Corporation for Better Housing
15490 Ventura Boulevard, Suite 210
Sherman Oaks, California 91403
Attention: David A. Ferguson
Telephone: (818) 905-2430
Telecopier: (818) 905-2440
11087M)001\715149.3 -1-
2. Loan Agreement.
(a) Agency hereby agrees to lend to Borrower, and Borrower agrees to
borrow, on the terms and conditions set forth herein, the amount set forth in Section 1.(a), above
(the "Loan"). The Loan may also include any additional advances of the Agency in excess of the
amount set forth in Section 1 (a) above. The Loan to Borrower shall be evidenced by and
conditioned upon Borrower's execution of: (i) this Loan Agreement; (ii) a promissory note in
form and substance acceptable to the Agency in the Agency's sole and absolute discretion (the
"Promissory Note"); (iii) a Regulatory Agreement; (iv) a Deed of Trust, Security Agreement and
Fixture Filing (with Assignment of Rents); and (v) such other documents as the Agency may
require in the Agency's sole and absolute discretion (collectively, the "Loan Documents").
(b) The Loan shall be non-interest bearing until the issuance of a
Certificate of Occupancy for the Project, at which time interest at the rate of three percent (3%)
per annum (the "Interest Rate"), compounded, will accrue on the principal under the Promissory
Note. Notwithstanding any other provision to the contrary herein, the entire outstanding
principal balance shall be due and payable upon the fifty-fifth (55th) anniversary of the date of
the Promissory Note. Fifty percent (50%) of all Residual Receipts (as defined in the DDA) for
each calendar month shall be paid to Agency on the day of the following calendar month
for application first to accrued interest (if any) then to principal under the Loan. Any interest
that is not paid shall accrue and all accrued interest shall be added to principal on each
anniversary of the Promissory Note and shall thereafter bear interest at the Interest Rate. In the
event of any inconsistency between the terms of this Loan Agreement and the terms of the
Promissory Note, the terms of the Promissory Note shall control.
(c) The Loan may be prepaid, in whole or in part, without penalty.
Borrower shall have no right to re-borrow any such prepaid amounts.
3. Use of Proceeds. Borrower shall use Loan proceeds for the sole purpose
of paying the $434,000 purchase price for the Property and for the cost of developing and
constructing the improvements (the "Improvements") described in Exhibit "B" attached hereto
and incorporated herein by this reference (the "Scope of Development").
4. Cost Breakdown. On or before , Borrower shall deliver to
Agency a cost breakdown for the Improvements ("Improvements Cost Breakdown") showing the
costs of the Improvements for which the Agency's Loan will be used ("Improvement Costs").
Borrower shall fuaher identify whether any funds will be used for the payment of architects fees,
labor, materials, subcontracts, or other services to principals or affiliates of Borrower. For
purposes hereof, "Affiliates of Borrower" shall include, without limitation, the principals,
members and partners of the Borrower, their respective shareholders and family members, and
any other entity controlled by, controlling or under common control with the Borrower.
Borrower shall also deliver to the Agency a cost breakdown for the entire Project (the "Cost
Breakdown"). Borrower shall further d~liver to the Agency copies of plans and specifications in
sufficient detail to allow the Agency to confirm that the funds available for construction of the
Improvements (whether from the Agency or the Borrower's other construction lender) are
sufficient to complete the Project and the Improvements.
11087~0001\715149.3 -2-
5. Conditions to Closing. As a condition precedent to the Agency's
obligation to disburse Loan funds, Borrower shall hand the Agency the following documents,
items and funds, together with any additional documents, instruments and funds necessary to
comply with this Loan Agreement. Borrower shall:
(a) execute and deliver all Loan Documents;
(b) present satisfactory proof of necessary insurance as more fully
described in Section 22 of this Loan Agreement;
(c) present satisfactory proof of adequate financing commitments for
the development and construction of the Improvements constituting the Project;
(d) deliver to Agency copies of plans and specifications and permits
for the Project, which plans and specifications shall be subject to Agency's review to confirm
adequacy of financing for completion of the Improvements;
(e)
not otherwise be in breach of Borrower's obligations to the
Agency;
(f) cause First American Title Insurance Company (the "Title
Company") to issue at Borrower's cost an ALTA lender's policy of title insurance in the amount
of the Loan, insuring the lien of the Deed of Trust, in such form and with such endorsements and
title exceptions as shall be reasonably acceptable to Agency.
(g) satisfy all other conditions to closing in Section 2.6 of the DDA.
6. Disbursement Procedures. Agency, or its authorized agents, shall
distribute the Loan proceeds to the Borrower's construction lender pursuant to an intercreditor
agreement acceptable to and executed by the Agency which provides for distribution of the
proceeds of the Agency Loan and the senior construction loan to Borrower's contractors subject
to normal construction disbursement conditions.
7. Construction Reports. Borrower agrees monthly to deliver or cause to be
delivered to Agency and any party designated by the Agency a project summary report detailing
the status of the Project, including percentage of completion by phase and budget category,
pementage of funds expended to date (including sums for which reimbursement is being sought),
description of third party defaults, and any deviations in budget or time schedules.
8. Completion of Construction.
(a) Borrower agrees to commence and complete construction of the
Project in accordance with a schedule of performance (the "Schedule of Performance") which is
reasonably approved by the Agency. Within thirty (30) days after the Effective Date [?], the
Borrower shall provide the Agency with a proposed Schedule of Performance. Upon the
Agency's receipt of the Schedule of Performance, the Agency shall have thirty (30) days to
approve or object to the same. Upon the Agency's written approval of the Schedule of
Performance, the Agency and the Borrower shall attach the Schedule of Performance to this
11087~0001\715149.3 -3-
Loan Agreement as Exhibit "D." Any prevention, delay or stoppage in the work resulting from
acts of God, war, inclement weather or other matters or causes beyond the control of Borrower
shall extend the time in which this Loan Agreement requires certain acts to be performed (but not
acts requiring the payment of money or the obtaining of financing) for a period or periods equal
to any such prevention, delay or stoppage, provided that Borrower provides written notice to the
Agency describing the force majeure event causing the delay, but in no event shall the amount of
all extensions exceed one hundred twenty (120) days in the aggregate.
9. Management of Property
(a) Manager. The Property shall at all times be managed by an
experienced manager (the "Manager") reasonably acceptable to the Agency, with demonstrated
ability to operate residential common interest developments like the Property in a manner that
will provide decent, safe, and sanitary housing, all pursuant to the Management Plan. The
Management Plan shall be complied with for the term of the Loan. The Borrower shall submit
for the Agency's approval the identity of any proposed Manager. The Borrower shall also
submit such additional information about the background, experience and financial condition of
any proposed Manager as is reasonably necessary for the Agency to determine whether the
proposed Manager meets the standard for a qualified Manager set forth above. If the proposed
Manager meets the standard for a qualified Manager set forth above, and the Agency approves
the Management Plan, the Agency shall approve the proposed Manager by notifying Borrower in
writing.
(b) Performance Review. The Borrower shall cooperate with the
Agency in an annual review of management practices, in connection with which the Agency
shall have the right to review and approve the annual operations and management budget;
provided, however, that the Agency reserves the right to conduct reviews more frequently at its
sole discretion. The purpose of each annual review will be to enable the Agency to determine if
the Property is being operated and managed in accordance with the requirements and standards
of this Agreement.
(c) Replacement of Manager.
(i) If, as a result of the annual review, the Agency determines
in its reasonable judgment that the Property is not being operated and managed in accordance
with any of the requirements and standards of this Loan Agreement, the Agency shall deliver
notice to the Borrower of its intention to cause replacement of the Manager. Within fifteen (15)
days of receipt by the Borrower of such written notice, the Agency and the Borrower shall meet
in good faith to consider methods for improving the financial and operating status of the
Property, including, without limitation, replacement of the Manager.
(ii) If, after such meeting, the Agency elects to proceed with
the replacement of the Manager, the Agency shall so notify the Borrower in writing within
fifteen (15) days following the meeting. Thereupon, the Borrower shall promptly dismiss the
then Manager, and shall appoint as the Manager a person or entity meeting the standards for a
Manager set forth in this section and approved by the Agency pursuant to this section. Agency
shall have the right to disapprove the replacement Manager within thirty (30) days, and in such
11087~0001W15149.3 4-
case Borrower shall promptly dismiss the replacement Manager, and Agency may, at its option,
appoint the Manager.
(iii) Any contract for the operation or management of the
Property entered into by the Borrower shall provide that the contract can be terminated as set
forth above. Nothing contained herein shall be construed as a limitation on any other provision
herein entitling Agency to replace the Manager under any other cimumstances.
(d) The Borrower agrees that the improvements situated on the
Property shall be preserved and maintained throughout the term hereof in good condition and
repair so as to provide decent, safe, and sanitary housing, and in conformance with all applicable
ordinances, statutes and regulations promulgated by any governmental entity having jurisdiction
over the Property.
10. Mechanic's Liens. In the event of the filing of a lien notice or the
recording of a mechanic's lien pursuant to applicable law of the State of California relating to
works of improvement upon mai property, Agency may summarily refuse to honor any requests
for payment pursuant to this Loan Agreement until Borrower furnishes to Agency either a release
or a bond causing such notice or lien to be released. If the Borrower falls to deliver such release
or bond within ten (10) days of notice from Agency to do so, such failure shall at the option of
Agency constitute a default under the terms of this Loan Agreement.
11. Stop Notices. In the event of the filing with the Agency of a stop notice or
the recording of a mechanic's lien pursuant to Title 15, Part 4, Division 3 of the Civil Code of
the State of California relating to works of improvement upon real property, the Agency may
withhold from any disbursement pursuant to this Loan Agreement an amount equal to one and
one-half times the amount of the stop notice or lien until such time as Borrower furnishes the
Agency a bond causing such notice or lien to be released.
12. Diligence in Construction. Borrower shall diligently pursue the
completion of the Improvements and the Project in accordance with the plans and specifications
therefore in a good and workmanlike manner, and with all requirements of all governmental
authorities having or asserting jurisdiction with respect thereto, and shall pay the cost thereof.
Borrower shall comply with all applicable federal, state and local laws, statues, rules and
regulations in connection with construction of the Improvements.
13. Construction Compliance. The construction and completion of the
Improvements shall be in substantial accordance and compliance with all plans and
specifications approved pursuant to this Loan Agreement (including the Schedule of
Performance, the Scope of Development, and all plans and specifications approved by the
Agency pursuant thereto), and shall comply with all applicable governmental restrictions and
covenants, conditions, restrictions and easements of record. The Agency and the Agency's
agents shall have the right at all times to enter upon the Property during the period of
construction to inspect the Project, and, if the Agency reasonably determines that the work is not
in conformance with the plans and specifications and the terms of this Loan Agreement, the
Agency shall have the right to stop the work and order its replacement whether or not the
unsatisfactory work has theretofore been incorporated in the Improvements, and to cause the
11087~0001\715149.3 -5-
construction lender to withhold all further disbursements until such work is satisfactory; and if
the work is not made satisfactory to the Agency within fifteen (15) calendar days from the date
of stoppage by the Agency, such failure to do so shall constitute a default by the Borrower under
the terms of this Loan Agreement; provided, however, that if the nature of the correction is such
that correction requires more than fifteen (15) calendar days to correct, then no default shall exist
if, within such 15-day period, Borrower commences such correction and pursues correction
diligently to completion thereafter. Borrower agrees that the Agency is under no obligation to
construct or supervise construction of the Improvements and that any inspection by the Agency
of the Improvements is for the sole purpose of protecting the Agency and is not to be construed
as an acknowledgment, acceptance or representation by the Agency that there has been
compliance with any plans approved pursuant to this Loan Agreement, or that the Improvements
are free of defects or of faulty materials or workmanship. Borrower shall make or cause to be
made such other inspections as Borrower may desire for Borrower's own protection.
14. Agency's Remedies. If the Agency should, pursuant to any express
provision of the Loan Documents, if any, or in the exercise of the Agency's rights provided by
law, cure any default of a mortgage, pay any taxes that are delinquent, or expend any other sums
to protect the Agency's security interest in the Property, as provided in the Loan Documents,
such expenditures shall at the Agency's option be charged against the Agency's disbursement
obligations as advances on the Loan, or shall be considered additional advances thereunder.
15. Notice of Completion. Borrower shall, upon the reasonable request of the
Agency, sign and file for record any notices of completion, notices of cessation of labor or any
other notice or written document that the Agency may deem necessary to file or record to protect
the Agency's security or interests hereunder.
16. Non-liability to Contractors. The Agency shall in no way be liable for any
act or omission of Borrower, the architect, general contractor, any subcontractor, any agent of
any of them, or any person furnishing labor and/or materials used in or related to such
construction. The Borrower shall indemnify, defend, protect and hold harmless the Agency on
account of any claims that may be made against the Borrower by the architect, general
contractor, any subcontractor, any agent of any of them, or any person furnishing labor and/or
materials used in or related to such construction, or any third party on account of any work
performed or materials provided by any of them.
17. Failure to Complete Construction. Should Borrower fail to complete
construction of the Improvements in accordance with this Loan Agreement, then the Agency
may, at the Agency's option, notify Borrower that the Agency intends to declare Borrower in
default hereunder, and if Borrower has not cured such matter with fifteen (15) calendar days,
then such failure to proceed diligently shall, without further notice, constitute a non-curable
default. Thereafter, and during the continuance of such default, the Agency may, at the
Agency's option, enter into contracts for or proceed with the completion of construction of the
Improvements and pay the cost thereof, plus a fee for supervision of construction equal to fifteen
pement (15%) of the amount expended, disbursing ail or any part of the Loan for such purposes;
and should the cost of completion of construction of the Improvements plus such fee amount to
more than the undisbursed balance of the Loan and the construction loan, then such additional
costs may be expended by the Agency, in which event the additional costs shall be deemed to be
11087~0001\715149.3 -6-
an additional Loan to Borrower and the repayment thereof, together with interest thereon at the
rate of eight pement (8%), shall be secured by the Loan Documents and shall be repaid by
Borrower within ten (10) days after the completion of the Improvements. Borrower further
hereby authorizes the Agency at the Agency's option at any time, after a default, and during the
continuance of same, either in the Agency's own name or in the name of Borrower, to do any
and all the things necessary or expedient in the opinion of the Agency to secure the performance
of the construction contracts and to secure the erection and completion of the Improvements
substantially in accordance with the plans and specifications therefor, and to do any and every
act or thing pertaining to or arising out of the construction or completion of the Improvements or
any contract therefor, disbursing all or any part of the Loan proceeds for such purposes. In
addition to the specific fights and remedies hereinabove mentioned, the Agency shall have the
right to avail itself of any other rights or remedies to which the Agency may be entitled under
any existing law or laws.
18. Preliminary Notices. Borrower agrees that copies of all preliminary
notices delivered pursuant to Section 3097 of the California Civil Code (a) to Borrower and (b)
to the Property, addressed to the Temecula Redevelopment Agency, the City of Temecula,
"Lender," or "Construction Lender," shall be promptly delivered to the Agency. Borrower
further agrees that the Agency and the Agency's agents shall have the right at all times to enter
upon the Property and post such notices and other written or printed material thereon as the
Agency may deem necessary or desirable for its protection as a lender.
19. Hazardous Materials. Borrower shall not release or permit the release of
any Hazardous Material into, onto, beneath or from the Property, and any such release of any
Hazardous Material into, onto, beneath or from the Property shall be a default hereunder. The
Agency shall have the fight to suspend any disbursement of Loan proceeds hereunder upon a
reasonable belief of such a present release by, or permitted by, Borrower, of any Hazardous
Material into, onto, beneath or from the Property. The Agency may, upon reasonable notice,
enter and inspect the Property for the purpose of determining the existence, location, nature and
magnitude of any past or present release of any Hazardous Material into, onto, beneath or from
the Property upon a reasonable belief of the existence of a past or present release or threatened
release of any Hazardous Material into, onto beneath or from the Property. Hazardous Materials
are defined in Exhibit "E" attached hereto and incorporated by reference herein.
20. Insurance.
(a) Throughout the term of the Promissory Note, Borrower shall
obtain and maintain, at no cost or expense to Agency, with a reputable and financially
responsible insurance company reasonably acceptable to Agency, commercial broad form
general public liability insurance, insuring Borrower against claims and liability for personal
injury, death, or property damage arising from the use, occupancy, condition, or operation of the
Property and the Improvements thereon, which insurance shall provide combined single limit
protection, including contractual liability, of at least Three Million Dollars ($3,000,000.00).
Such insurance shall name the City and Agency and their respective officers, directors, members,
agents, employees, representatives and servants (collectively "Representatives"), as additional
insurers thereunder.
11087~0001\715149.3 -7-
Co) Throughout the term of the Promissory Note, Borrower shall
provide Agency with evidence that Borrower maintains in force a policy of fire and extended
coverage insurance, covering loss or damage to the Property, including all Improvements
thereon, in the amount of the full replacement value thereof, as the same may exist from time to
time, but in no event less than the replacement value of all Improvements on the Property or the
outstanding principal balance of the Loan, whichever is greater. During construction of the
Improvements Borrower shall maintain a policy of builder's risk insurance acceptable to
Agency. Borrower shall name Agency as loss payee on all such policies. So long as Borrower is
not in default under this Loan Agreement, Agency shall disburse to Borrower, in accordance
with the procedures established by this Loan Agreement, any insurance proceeds so received, on
the condition that such insurance proceeds, together with any additional funds deposited with
Agency by Borrower, are sufficient to restore and rebuild the Project.
(c) Borrower shall also furnish or cause to be furnished to Agency
evidence satisfactory to Agency that any contractor with whom Borrower has contracted for the
performance of work on the Property or otherwise pursuant to this Loan Agreement carries
workers' compensation insurance as required by law.
(d) With respect to each policy of insurance required above, Borrower
shall furnish a certificate of insurance countersigned by an authorized agent of the insurance
carrier on the insurance carrier's form setting forth the general provisions of the insurance
coverage. These countersigned certificates shall name Agency, the City and their
Representatives as additional insureds under those policies. The required certificates shall be
furnished by Borrower prior to commencement of construction of the Improvements.
(e) All such policies required by this Section shall be nonassessable
and shall contain language to the effect that (i) the policies are primary and noncontributing with
any insurance that may be carried by Agency, the City, or both, (ii) the policies cannot be
canceled or materially changed, or the scope or amount of coverage thereunder reduced, except
after thirty (30) days written notice by the insurer to Agency and the City, and (iii) neither
Agency nor the City shall be liable for any premiums or assessments. All such insurance shall
have deductibility limits reasonably satisfactory to Agency and shall contain cross liability
endorsements.
21. Representations and Warranties. Borrower makes the following
representations and warranties as of the date of this Loan Agreement and agrees that such
representations and warranties shall survive and continue after the Loan is paid:
(a) Authority. Borrower has complied with all laws and regulations
concerning Borrower's organization, existence and transaction of business. Borrower has the
right and power to own and develop the Property and Improvements thereon as contemplated in
the Loan Documents. Borrower has, or at all appropriate times shall have properly obtained, all
permits, licenses and approvals necessary to construct, occupy and operate the Improvements on
the Property and in so doing has, or shall have (as appropriate), substantially complied with the
plans and specifications for construction and all other applicable statutes, laws, regulations and
ordinances.
11087X0001\715149.3 -8-
(b) Enfomeability. Borrower has full right, power and authority to
execute and deliver the Loan Documents and to perform the undertakings of Borrower contained
in the Loan Documents. The Loan Documents constitute valid and binding obligations of
Borrower which are legally enfomeable in accordance with their terms, subject to the laws of
bankruptcy, creditor's rights exceptions, and equity.
(c) No Broach. To the best of Borrower's knowledge, none of the
undertakings of Borrower contained in the Loan Documents violates any applicable statute, law,
regulation or ordinance or any order or ruling of any court or governmental entity, or conflicts
with, or constitutes a broach or default under, any agreement by which Borrower is, or the
Property and Improvements thereon are, bound or regulated.
(d) Financial Information. To the best of Borrower's knowledge, all
financial information delivered to the Agency by Borrower, including, without limitation,
information relating to Borrower, the Property, and the Improvements thereon, fairly and
accurately represents such financial condition. No material adverse change in such financial
condition has occurred.
(e) Proceedings. To the best of Borrower's knowledge, Borrower is
not in violation of any statute, law, regulation or ordinance, or of any order of any court or
governmental entity. Borrower has no actual knowledge of any claims, actions or proceedings
pending or threatened against Borrower or affecting the Property or Improvements that are not
covered by insurance, other than those disclosed to the Agency in writing.
(f) Accuracy. To the best of Borrower's knowledge, all documents,
reports, instruments, papers, data, information and forms of evidence delivered to the Agency by
Borrower with respect to the Loan are accurate and correct, are complete insofar as completeness
may be necessary to give the Agency true and accurate knowledge of the subject matter thereof,
and do not contain any material misrepresentation or omission. The Agency may rely on such
reports, documents, instruments, papers, data, information and forms of evidence without any
investigation or inquiry, and any payment made by the Agency in reliance thereon shall be a
complete release in the Agency's favor of all sums so paid.
(g) Adequacy of Loan Funds. The sum of the Loan, combined with
the additional construction financing which Borrower is obligated to obtain from a commercial
lender and/or reserves, is not less than the amount necessary to complete the Improvements.
(h) Taxes. Borrower has filed all federal, state, county and municipal
tax returns required to have been filed by Borrower and has paid all taxes which have become
due pursuant to such returns or to any notice of assessment received by Borrower. Borrower has
no knowledge of any basis for additional assessment with respect to such taxes.
(i) Utilities. To the best of Borrower's knowledge, all utility services
necessary for the development and the occupancy of the Property, including without limitation
gas, water, sewage, electrical and telephone, are available at or within the boundaries of the
Property or all steps necessary to assure that such utility services will be available upon
completion of the Improvements have been taken by Borrower.
11087~0001\715149.3 -9-
O) Impairment of Security. No materials, equipment, fixtures,
carpets, appliances, or any other part of the Improvements shall be purchased or installed under
conditional sales agreements, leases, or under other arrangements wherein the fight is reserved or
accrues to anyone to remove or to repossess any such items. This paragraph shall not be
construed to prohibit the leasing of tools used for construction of the Improvements.
22. Default of Borrower.
(a) Events of Default. The occurrence of a breach and the expiration
of any applicable notice and cure period provided below shall constitute a "default" by Borrower
hereunder. Upon written notice to Borrower (except for the occurrence of any of the events
described in Subsections 22(a)(iv), 22(a)(v) and 22(a)(vi), in which event no notice shall be
required and the cure period shall apply), the occurrence of any one or more of the following
shall constitute a default under this Loan Agreement:
(i) If Borrower fails to pay by the due date any sums or
amounts due the Agency under this Loan Agreement, the Promissory Note, the Deed of Trust, if
any, or any other security document;
(ii) If Borrower breaches any warranty or representation
hereunder or fails to comply with, perform or observe any of the covenants made by Borrower in
this Loan Agreement or the other Loan Documents;
(iii) If Borrower should commit a breach or default under any of
the Loan Documents;
(iv) If Borrower admits in writing Borrower's inability to pay
Borrower's debts when due; or makes an assignment for the benefit of creditors; or applies for or
consents to the appointment of any receiver, trustee or similar officer for Borrower, for all or any
substantial part of Borrower's property; or institutes (by petition, application, answer, consent or
otherwise) any bankruptcy, insolvency, reorganization, arrangement, readjustment of debts,
dissolution, liquidation, or similar proceedings relating to Borrower;
(v) If a receiver, trustee or similar officer is appointed for
Borrower and for all or any substantial part of Borrower's property without the application or
consent of Borrower, and such appointment continues undischarged for a period of sixty (60)
days; or any bankruptcy, insolvency, reorganization, arrangements, readjustment of debt,
dissolution, liquidation or similar proceedings is instituted (by petition, application or otherwise)
against Borrower and remains undismissed for a period of sixty (60) days; or
(vi) If Borrower transfers or encumbers the Property, or if the
general partner transfers or encumbers its general partnership interest in Borrower, in violation of
the Deed of Trust or Note.
(b) Except for the defaults described in Subsection 22(a) and except
for any default specifically setting forth its own cure period in any other section of this Loan
Agreement, any default is curable and shall be deemed cured, if:
11087X0001W15149.3 -10-
(i) as to any default that is not curable by the payment of
money, Borrower cures such default within thirty (30) days after written notice of such default
from the Agency, or if the cure of such default reasonably requires more than thirty (30) days to
complete, if Borrower diligently commences to cure said default within thirty (30) days after
receipt of the Agency's notice of default and thereafter diligently prosecutes such cure to
completion in a reasonable time; provided, further, that the default must be cured, in any event,
within ninety (90) days of receipt of such notice of default; and
(ii) as to any default that is curable by the payment of money,
Borrower cures said default within five (5) calendar days after receipt of the Agency's notice of
default.
(c) If Borrower defaults with regard to any of the provisions of the
Loan Documents, or any other agreement between Agency and Borrower with respect to the
Property and/or the Improvements, then Agency shall serve written notice of such default upon
Borrower. In such event, if Borrower is in default, in addition to any other remedies available to
Agency at law and equity: (i) Agency may terminate this Loan Agreement; (ii) Borrower shall be
liable to Agency for any damages caused by such default, and Agency may thereafter commence
an action for damages against Borrower with respect to such default; (iii)Agency may, at
Agency's option, thereafter commence an action for specific performance of the terms of this
Loan Agreement or any other agreement between Borrower and Agency pertaining to such
default; (iv) all sums disbursed or advanced by Agency shall, at the option of Agency,
immediately become due and payable; and/or (v) Agency may, at the option of Agency,
terminate this Loan Agreement and the Agency shall be released from any and all further
obligations to Borrower under the terms of this Loan Agreement. Agency's rights and remedies
under this Loan Agreement include, without limitation, recovery of improper disbursements and
overpayments, or reduction of payments and termination of this Loan Agreement.
(d) Except as otherwise expressly provided in this Loan Agreement,
any failure or delay by Agency in asserting any of Agency's rights or remedies as to any default
shall not operate as a waiver of any subsequent default or of any such rights or remedies or
deprive Agency of Agency's right to institute and maintain any actions or proceedings which
Agency may deem necessary to protect, assert or enforce any such rights or remedies.
(e) The laws of the State of California shall govern the interpretation
and enforcement of this Loan Agreement. Any action must be instituted in either the Superior
Court of the County of Riverside, State of California, or in an appropriate court in that County.
(f) Except as otherwise expressly stated in this Loan Agreement, the
rights and remedies of Agency are cumulative, and the exercise by Agency of one or more of
such rights or remedies shall not preclude the exercise by Agency, at the same time or different
times, of any other rights or remedies for the same default or any other default by Borrower.
23. No Waiver; Remedies Cumulative. No disbursement of Loan proceeds
shall constitute a waiver of any conditions to the Agency's obligation to make further
disbursements nor, in the event Borrower is unable to satisfy any such conditions, shall any such
waiver have the effect of precluding the Agency from thereafter declaring such inability to
11087~001\715149.3 - l ! -
constitute a default under this Loan Agreement. No disbursement of proceeds based upon
inadequate or incorrect information shall constitute a waiver of a right to receive a refund
thereof. No failure or delay on the part of the Agency in the exercise of any power, right or
privilege hereunder or under any of the other Loan Documents shall impair such power, right or
privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any
single or partial exercise of any such power, right or privilege preclude any other or further
exercise thereof or of any other right, power or privilege. All rights and remedies existing under
this Loan Agreement or the other Loan Documents are cumulative to and not exclusive of any
rights or remedies otherwise available. The Agency's acceptance of less than the entire amount
due for any payment on the Promissory Note shall not constitute a waiver by the Agency to
thereafter demand the entire amount due.
24. Disbursements in Excess of Maximum Loan Amount. In the event the
total disbursements by the Agency exceed the maximum Loan amount, the total of all
disbursements shall be secured by the applicable Loan Documents.
25. Empowerment of Agency. Borrower does hereby irrevocably appoint,
designate, empower and authorize the Agency as Borrower's agent, coupled with an interest, to
sign and file for record any notice or written document that the Agency may deem necessary to
file or record to protect the Agency's security or interests hereunder.
26. Borrower's Indemnity of Agency and City. Borrower hereby agrees to,
and shall defend (with counsel approved by the Agency), indemnify and hold Agency, the City
and their Representatives harmless from and against all liabilities, losses, damages, costs,
expenses, or liabilities, including attorneys' fees and court costs, arising from, in connection
with, or in any way resulting from (i) Borrower's breach of this Loan Agreement or any of the
Loan Documents, (ii) Borrower's negligence or intentional misconduct with respect to the
Property or the Improvements or the subject matter hereof, or (iii) the construction of the
Improvements, including without limitation, any act or omission of Borrower, the general
contractor, the architect, any agent of any of them, or any person furnishing labor and/or
materials used in or related to such construction. Agency shall have no liability whatsoever for
any acts or omissions of Borrower or its architects, contractors, or agents, or any one of them, or
any other person furnishing services, labor and/or material to Borrower in connection with the
Property.
27. Assignment of Agreement and Transfer. No assignment or transfer,
voluntary or involuntary, may be made of this Loan Agreement or of any right hereunder, and no
attempted transfer shall be binding upon or in any way affect the Agency without the Agency's
prior written consent, which may be withheld in the Agency's sole and absolute discretion.
Borrower acknowledges that the identity of Borrower is of particular concern to Agency, and it is
because of Borrower's identity that Agency has entered into this Loan Agreement with
Borrower. No voluntary or involuntary successor in interest of Borrower shall acquire any rights
or powers under this Loan Agreement. In the event of an assignment or transfer that is not
approved by the Agency, the Agency shall have the right to declare the entire principal balance
of the Loan and all accrued interest, if any, immediately due and payable.
11087~0001\715149.3 -12-
28. Obligation to Refrain from Discrimination.
(a) There shall be no discrimination against or segregation of any
person, or group of persons, on account of sex, marital status, age, handicap, race, color, religion,
creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Property, and Borrower (itself or any person claiming under or through
Borrower) shall not establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees, or vendees thereof or any portion thereof.
(b) Borrower shall refrain from restricting and shall cause each Unit
owner to refrain from restricting the rental, sale or lease of the Property or any portion thereof,
on the basis of sex, age, handicap, marital status, race, color, religion, creed, ancestry or national
origin of any person. All such deeds, leases or contracts shall contain or be subject to
substantially the following nondiscrimination or nonsegregation clauses which shall be recorded
as covenants, conditions and restrictions of the Property:
(i) In deeds: "The grantee herein covenants by and for
himself, his heirs, executors, administrators and assigns, and all persons claiming under or
through him, that there shall be no discrimination against or segregation of, any person or group
of persons on account of sex, marital status, race, age, handicaps color, religion, creed, national
origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of
the land herein conveyed, nor shall the grantee himself or any person claiming under or through
him, establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the
land."
(ii) In leases: ''The lessee herein covenants by and for himself,
his heirs, executors, administrators and assigns, and all persons claiming under or through him,
and this lease is made and accepted upon and subject to the following conditions:
'That there shall be no discrimination against or segregation of any
person or group of persons on account of sex, marital status, race, age,
handicap, color, religion, creed, national origin or ancestry, in the leasing,
subleasing, transferring, use, or enjoyment of the land herein leased, nor
shall the lessee himself, or any person claiming under or through him,
establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or
occupancy, of tenants, lessees, sublessees, subtenants or vendees in the
land herein leased.'"
(iii) In contracts relating to the sale or transfer of the Property
or any interest therein: ''There shall be no discrimination against or segregation of any person or
group of persons on account of sex, marital status, race, age, handicap, color, religion, creed,
national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the land, nor shall the transferee himself or any person claiming under or through
11087X0001\715149.3 -13-
him, establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy, of tenants, lessees, subtenants,
sublessees or vendees of the land."
29. Severability. If any term or provision of this Loan Agreement or the
application thereof shall to any extent be held to be invalid or unenforceable by a court of
competent jurisdiction, the remainder of this Loan Agreement, or the application of such term or
provision to circumstances other than those to which it is held invalid or unenforceable, shall not
be affected thereby, and each term and provision of this Loan Agreement shall be valid and shall
be enforced to the extent permitted by law.
30. Notices. All notices, demands or other communications under this Loan
Agreement and the other Loan Documents shall be given in writing by certified or registered
mail, postage prepaid, and return receipt requested, by personal delivery or by a nationally
recognized overnight courier, addressed to the parties as follows (provided that if any party gives
notice in writing of a change of name or address, notices to such party shall thereafter be given
as demanded in that notice):
To Agency:
Temecula Redevelopment Agency
43200 Business Park Drive
Temecula, CA 92590
Telephone: (909) 694-6~.~.~.
Telecopier: (909) 694-1999
Attention: Executive Director
With a copy to:
Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-3101
Attention: Peter M. Thorson, Esq.
Telephone: (213) 626-8484
Telecopier: (213) 626-0078
To Borrower:
At the addresses set forth in Section l(b), above.
Notices shall be considered given upon the earlier of (a) personal delivery; (b) two (2) business
days following deposit in the United States mail, postage prepaid, certified or registered, return
receipt requested; or (c) one (1) business day following deposit with a nationally recognized
overnight courier.
31. Litigation. If Agency shall be or shall become a party to any legal
proceedings instituted in connection or arising out of the Improvements and/or the Property, or in
the event of any dispute between the parties hereto arising out of this Loan Agreement in which
Agency is the prevailing party, Borrower agrees to pay to Agency all sums paid or incurred by
Agency as costs and expenses in the legal proceedings, including but not limited to actual
attorneys' fees and costs incurred by Agency.
32. Successors and Assigns. Subject to the terms and conditions of Section 27
hereof, this Loan Agreement shall be binding upon the parties hereto, their heirs, successors and
11087~0001\715149.3 - 14-
assigns, and may be amended, altered, revoked, modified or waived, in whole or in part, only by
an instrument in writing signed by Borrower and Agency. If more than one person executes this
Loan Agreement as Borrower, the obligations of each of such persons hereunder shall be joint
and several obligations.
33. General. Time is of the essence of this Loan Agreement and of each and
every provision hereof. The waiver by Agency of any breach or default herein shall not be
deemed, nor shall it constitute, a waiver of any subsequent breach or breaches. No disbursement
of proceeds of the Loan shall constitute a waiver of any rights of Agency and shall not preclude
Agency from thereafter declaring a default due to a breach by Borrower hereof.
34. Warranty Against Payment of Consideration for this Loan Agreement.
Borrower warrants that Borrower has not paid nor given, and will not pay nor give, any third
party any money or other consideration for obtaining this Loan Agreement.
35. Nonliability of Agency Officials and Employees. No member, official or
employee of Agency shall be personally liable to Borrower or any successors in interest in the
event of any default or breach by Agency or for any amount which may become due to Borrower
or Borrower's successors or on any obligations under the terms of this Loan Agreement.
36. No Third Party Beneficiaries. This Loan Agreement is made for the sole
protection of Agency and Borrower and their respective permitted successors and assigns, and no
other person or persons shall have any right of action hereon, nor should any laborer,
materialman, subcontractor, or other third party rely upon the funds deposited hereunder as a
source of payment for work done or labor and/or materials supplied in respect to the
Improvements contemplated hereunder or otherwise, notwithstanding any representation to the
contrary made by Borrower, the general contractor or any other person. This Loan Agreement
and the other Loan Documents contain all of the terms and conditions agreed to by Borrower,
and no other agreement regarding the subject matter of this contract, unless it is in writing and
signed by Agency and Borrower, shall be deemed to exist or to bind any party hereto.
37. Agency Approval. Unless specifically provided for herein, the Agency's
approval, including, without limitation, approval of the form of the Loan Documents and of
amendments to this Loan Agreement, shall be satisfied by the approval of the Agency's
Executive Director.
[remainder of page intentionally left blank]
11087X0001\715149.3 -15-
IN WITNESS WHEREOF, the parties hereto have entered into this Loan
Agreement as of the day and year first above written.
Attest: Agency:
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and politic
Print Name:
Title:
Print Name:
Title:
APPROVED AS TO FORM
Richards, Watson & Gershon,
a professional corporation
Brace Galloway
Assistant Agency Attorney
Borrower:
28500 PUJOL STREET,
a California limited partnership
By: Corporation for Better Housing,
a
General Partner
By:.
Name:
Title:
11087~0001\715149.3 -16-
Exhibit "A"
LEGAL DESCRIPTION
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE,
CITY OF TEMECULA, DESCRIBED AS FOLLOWS:
11086\0111\717510.1 Old: 714393.2/New: 714393.3
A-1
ORDER NO 10212831-9
EXH~'B~'T "A"
PARCEL 1:
THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT
TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF
WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED
RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1,
27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15
OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
IN BLOCK
PAGE 726
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID
MAP;
THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPT THE NORTHWESTERLY 70 FEET.
ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE
SOUTHWESTERLY LINE OF RIVER STREET.
PARCEL 2:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF
THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
--4--
ORDER NO 10212831-9
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP;
THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
PARCEL 3:
THE LAND REFERRED TO IN
OF TEMECULA, COUNTY OF
IS DESCRIBED AS FOLLOWS:
THIS POLICY IS SITUATED IN THE CITY
RIVERSIDE, STATE OF CALIFORNIA, AND
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF
THE FOLLOWING DESCRIBED PARCEL:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY
CORNER OF LOT 22, BLOCK 25 ON SAID;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
-5-
ORDER NO 10212831-9
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
1. NO TAXES DUE
2. NO TAXES DUE
3. NO TAXES DUE
4.
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75)
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT
AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT
MAPS OR NOTICES FILED BY SAID DISTRICTS.
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN
BY THE PUBLIC RECORDS.
THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT
EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO
CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS
INSTRUMENT NO. 92330, OFFICIAL RECORDS.
EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN
KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT
WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS
EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE,
BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY
7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS
OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY
OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE
IMMEDIATELY FOR FURTHER REVIEW.
-6-
ORDER NO 10212831-9
10.
WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE
EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER
MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT
WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS
OR ENCUMBRANCES THEREON.
PARTIES:
ALL PARTIES TO THIS TRANSACTION
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO
COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS
ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED
BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF
INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF
CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN
FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE
ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND
WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.)
-7-
State of Califomia }
}
County of }
On ., 2003, before me, , a Notary Public,
personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of Califomia
County of }
On ., 2003, before me, , a Notary Public,
personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(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.
WITNESS my hand and official seal.
Signature
(seal)
I ! 086\0 ! 11\7175 ! 0. I Old: 714393.2 / New: 714393.3
Recording Requested by:
Redevelopment Agency of the
City of Temecula
And when recorded return to
and mail tax statements to:
Corporation for Better Housing
15490 Venture Blvd., Suite 210
Sherman Oaks, CA 91403
Attn: David A. Ferguson
Assessor's Parcel Map No.:
Exempt from Recording Fees Pursuant to G.C. 6103
GRANT DEED
The undersigned grantor(s) declare(s):
Documentary transfer tax is $0.00.
Exempt from Documentary Transfer Taxes Pursuant to R & T Code Sections 11911 and
11922
FOR A VALUABLE CONSIDERATION, receipt o£ which is hereby acknowledged,
The REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and
politic,
hereby GRANTS to
28500 PUJOL STREET, L.P.: a California limited partnership
the following described real property located in the City of Temecula,
County of Riverside, State of California:
See Exhibit "A" attached hereto and incorporated by reference herein.
11086\0111\717510.1 O[d: 714393.2 / New: 714393.3
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth
below.
Dated as of ,2003
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA
By:
Name:
Title:
Attest:
11086\0111\717510.1 Old: 714393.2 / New: 714393.3
-2-
Exhibit "A"
LEGAL DESCRIPTION
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE,
CITY OF TEMECULA, DESCRIBED AS FOLLOWS:
11086\01 ! 1 \717510. ! Old: 714393.2 / New: 714393.3
A-1
ORDER NO 10212831-9
EXHIBIT "A"
PARCEL 1:
THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT
TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF
WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD COMPANY, CONVEYED TO No R. VAIL, ET AL, BY DEED
RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, IN BLOCK
27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE 726
OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID
MAP;
THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPT THE NORTHWESTERLY 70 FEET.
ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE
SOUTHWESTERLY LINE OF RIVER STREET.
PARCEL 2:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF
THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ORDER NO 10212831-9
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP;
THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
PARCEL 3:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF
THE FOLLOWING DESCRIBED PARCEL:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY
CORNER OF LOT 22, BLOCK 25 ON SAID;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
-5-
ORDER NO 10212831-9
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
2.
3.
4.
NO TAXES DUE
NO TAXES DUE
NO TAXES DUE
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75)
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT
AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT
MAPS OR NOTICES FILED BY SAID DISTRICTS.
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN
BY THE PUBLIC RECORDS.
THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT
EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO
CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS
INSTRUMENT NO. 92330, OFFICIAL RECORDS.
EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN
KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT
WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS
EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE,
BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY
7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS
OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY
OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE
IMMEDIATELY FOR FURTHER REVIEW.
-6-
ORDER NO 10212831-9
10.
WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE
EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER
MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT
WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS
OR ENCUMBRANCES THEREON.
PARTIES:
ALL PARTIES TO THIS TRANSACTION
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO
COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS
ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED
BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF
INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF
CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN
FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE
ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND
WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.)
-7-
State of California )
)
County of }
On ,2003, before me, _, a Notary Public,
personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of California }
County of }
On ,2003, before me, , a Notary Public,
personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
11086\0111\717510.1 Old: 714393.2 /New: 714393.3
EXHIBIT E
FORM OF REGULATORY AGREEMENT
[Attached.]
11087X0001\713019.3
E-1
Recording Requested By
and when recorded return to:
Redevelopment Agency of
the City of Temecula
Post Office Box 9033
Temecula, California 92589-9033
Attention: City Clerk
Exempt from recording fees pursuant to Government Code Sec. 6103 and 27383
REGULATORY AGREEMENT
THIS REGULATORY AGREEMENT (this "Agreement"), is entered into as of
,2003, by and between 28500 PUJOL STREET, a California limited partnership
(hereinafter "Owner"), and the REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, a public body, corporate and politic (hereinafter the "Agency").
RECITALS
A. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted
Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County
Redevelopment Project No. 1o1988" (hereafter the "Plan") in accordance with the provisions of
the Community Redevelopment Law. On December 1, 1989, the City of Temecula was
incorporated. The boundaries of the Project Area described in the Plan are entirely within the
boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula
adopted Ordinance Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency
of the City of Temecula and transferring jurisdiction over the Plan from the County to the City.
Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment
Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1,1991.
B. Agency desires to effectuate the provisions of the Housing Element of the General
Plan of the City of Temecula by providing funds to expand the supply of housing affordable to
very low and lower income people.
C. The Agency has agreed to convey to Owner that certain real property (the
"Property") described in Exhibit A, attached hereto and incorporated by reference herein,
pursuant to that certain Disposition and Development Agreement dated as of ,2003
("DDA").
D. Owner intends to develop and operate on the Property 66 one-bedroom senior
garden apartment units which shall be leased only to very low or lower income households. To
help finance the development of such improvements, Owner has applied to Agency for a loan
(hereinafter the "Loan") for the development of the Property and, pursuant to that certain Loan
Agreement dated as of ,2003 (the "Loan Agreement"), Agency has agreed to lend
Owner the sum of $2,615,000. Such Loan will be evidenced and secured by a loan agreement,
promissory note and deed of trust (the "Loan Agreement", "Promissory Note" and "Deed of
11087~0001\714383.3
Trust") to be executed by Owner in favor of Agency. The Note, Deed of Trust and Loan
Agreement are hereinafter collectively referred to as the "Agency Loan Documents."
E. The proposed development of the Property will effectuate the Plan.
F. As an inducement to Agency to enter into the DDA and the Loan Agreement,
Owner bas agreed to enter into this Agreement and has consented thereby to be regulated and
restricted by Agency as provided herein and in the DDA which, inter alia, contains on-going
"use" restrictions which are incorporated herein.
NOW, THEREFORE, Agency and Owner mutually agree as follows:
1. Recitals. The foregoing recitals are a part of this Agreement.
2. Term. The term of this Agreement (the "Term") shall commence on the
date of recordation of this Agreement, and shall continue in full force and effect until the 55th
anniversary of the recordation hereof in the Official Records of the Riverside County Recorder
(the "Expiration Date").
3. Nature of Covenants, Reservations and Restrictions.
(a) Owner hereby subjects the Property to the covenants, reservations
and restrictions set forth in this Agreement. During construction and thereafter for the Term set
forth in Section 2 hereof, Owner, such successors and assigns shall devote the Property only to
the uses specified in the DDA and this Agreement. Each and every contract, deed or other
instrument hereafter executed covering or conveying Owner's interest in the Property, or any
portion thereof, including, without limitation, any leases, shall conclusively be held to have been
executed, delivered and accepted subject to such covenants, reservations and restrictions,
regardless of whether such covenants, reservations and restrictions are set forth in such lease,
assignment, contract, deed or other instruments.
(b) Owner covenants by and for itself, its representatives, its
successors and assigns and every successor in interest to the Property or any part thereof, that
during construction of the improvements on the Property and thereafter Owner shall not use or
permit the use of the Property in violation of the Redevelopment Plan. Owner further covenants
and agrees to comply in all respects with the terms, provisions, and obligations of Owner set
forth in the DDA and the Agency Loan Documents. Owner further covenants and agrees for
itself, and its successors and its assigns, that Owner, such successors, and such assignees shall
use the Property and every part thereof only for the construction and operation of a low income
housing project affordable to persons of very low or lower income, as further provided herein.
Owner further covenants and agrees that upon completion of the project described in the DDA
and as further described in the Scope of Development attached to the DDA (the "Project"),
Owner shall maintain the Property (including landscaping) in the manner of first class residential
planned developments, as further described herein and in the DDA and the Agency Loan
Documents.
4. Use and Rental of the Property. Owner covenants and agrees for itself, its
successors, assignees, and every successor in interest that the units comprising the Project (the
11087XOOOB714383.3 2
"Units") and the Property shall be restricted as provided in this Section 4 for the Term set forth
in Section 2 hereof.
(a) Units Restricted to Persons or Families of Very Low or Lower
Income. All of the Units, but in no event less than 66 Units, shall be rented exclusively to Senior
Citizens (as hereinafter defined) who are persons or families of very low or lower income, in
accordance with the table set forth below, and only for use by such persons or families as their
principal residence. Owner shall not permit any transient use, or permit any commercial use, of
the Property except as approved by Agency in writing. Only such persons or families of very
low or lower income (as applicable) shall be entitled to occupy the Units.
13 of the Units shall be rented to very low income households whose incomes do
not exceed 50% of area median income
The remaining Units shall be rented to lower income households whose incomes
do not exceed 60% of area median income
Occupancy levels will comply with those specified by the State of California Tax Credit
Allocation Committee rules and regulations, and such other regulations as may exist pertaining
to any tax exempt bond financing applicable to the Project.
(b) Maximum Rents. Owner shall rent the Units at a rent that does not
exceed the maximum "affordable rent" (as defined below) (including a reasonable utility
allowance) that may be charged for very low or lower income persons under California Health &
Safety Code Section 50053(b) (as amended from time to time), for very low or lower income
persons or households, as applicable for the household occupying the Unit. Owner shall be
entitled to increase rents one time per year to an amount equal to the maximum amount of
"affordable rent" (including a reasonable allowance for utilities) that may be charged for very
low or lower income persons under California Health & Safety Code Section 50053(b) (as
amended from time to time), as applicable to the Unit. Owner shall submit a request for an
increase in rents to Agency for review and approval sixty (60) days prior to each yearly
anniversary of the initial occupancy of the Project and each year thereafter. Agency shall review
Owner's request and notify Owner of either of the following actions within thirty (30) days after
submission: (i) Owner shall be allowed to increase the then current rental rate of the Units as
requested, or (ii) the requested increase exceeds the maximum amount permitted under Health &
Safety Code Section 50053(b) (as amended), in which case the rental shall be adjusted
downwards to such maximum amount.
(c) Definitions.
(i) "Persons or families of very low or lower income" means
persons whose income do not exceed the amounts set forth in California Health and Safety Code
Sections 50105 (very low income) and 50079.5 (lower income) for persons and families who
have incomes not greater than the applicable percentage of the area median income (adjusted for
family size as appropriate for the Unit) for the applicable very low or lower income categories.
(ii) "Area median income" shall mean the area median income
for Riverside County as published by the Department of Housing and Community Development
11087~0001\714383.3 3
pursuant to California Health and Safety Code Section 50093, or the most closely related
successor thereto.
(iii) "Affordable rent (including a reasonable utility allowance)
for very low or lower income person" means the rent determined under California Health &
Safety Code Section 50053(b) based upon area median income (adjusted for family size
appropriate for the Unit) for the very low or lower income household, as amended from time to
time.
(iv) "Principal residence" means the principal dwelling place a
person uses as such person's usual place of return and occupancy. If a person fails to reside in
and return to such person's unit for at least four (4) days per week for a period of at least nine (9)
months out of any twelve (12) month period, it will be presumed that the Unit is not the principal
residence of that person.
(v) "Senior Citizen" shall mean a person who shall be 55 years
of age at the time of leasing of the Unit.
The terms defined in this Subsection 4(c) are further defined in Title 25 of the
California Code of Regulations Section 6910, et seq., as from time to time amended, and any
successor regulations thereto. The terms and provisions of California Health and Safety Code
Sections 50093, 50105, 50079.5, and 50053 and Title 25 of the California Code of Regulations
Section 6910, et seq., as amended, and any successor statutes or regulations thereto, are
incorporated herein by this reference.
5. Rights of Agency. Prior to the rental of any Unit, Owner shall obtain from
the proposed tenant a completed income computation and certification form, in such form as may
be approved by the Executive Director of the Agency, and shall verify the income of the
proposed tenant. Owner shall verify the proposed tenant's income by standard and customary
income verification procedures and practices used for determining eligibility for income
qualifying housing. Agency shall have the continuing right during the Term hereof to verify that
the restrictions, limitations and requirements of Section 4 are being complied with and to
establish and/or continue a very low and lower income (as defined in California Health and
Safety Code Section 50093) housing program at the Property.
6. Covenants and Obligations.
(a) Insurance. Owner covenants to keep all improvements from time
to time existing on the Property insured against perils included within the general classifications
as "fire," "extended coverage," "vandalism," "malicious mischief," and "special extended
perils," and all such insurance shall be evidenced by a standard fire and extended coverage
insurance policy or policies in an amount not less than the full replacement cost of the
improvements (not including the costs of foundation concrete and excavation that would not
have to be incurred upon replacement of the improvements). In addition, Owner shall maintain
and have in full force and effect, during the term of this Agreement, a "Broad Form Commercial
General Liability" insurance policy in a combined single limit of $3 million dollars. Such
policies shall be endorsed with a standard mortgagee clause listing Agency as loss payee (in the
11087~0001\714383.3 4
case of the extended coverage insurance) and an additional insured (in the case of the liability
insurance). A copy of any insurance binders or certificates of insurance shall be provided to
Agency in conjunction with the accounting described in Section 10(b) herein. Said policies shall
provide that they cannot be canceled or terminated without thirty (30) days prior written notice to
Agency. To the extent that the provision hereof are inconsistent with the insurance requirements
of the Agency Loan Documents, the provisions of the Agency Loan Documents shall control.
(b) Compliance with Building and Health and Safety Codes. Owner
covenants that the Property shall be maintained in conformance with applicable health, building,
and safety codes. Owner further covenants that any construction, renovation, repair or
rehabilitation of the improvements shall be undertaken in compliance with all building codes of
the City of Temecula applicable at the time of such construction, renovation, repair or
rehabilitation.
(c) Obligation to Refrain from Discrimination. Owner covenants that
there shall be no discrimination against any person, or group of persons, on account of sex,
marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, and Owner (or
any person or entity claiming under or through Owner) covenants and agrees not to establish or
permit any such practice or practices of discrimination with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants or sublessees of the Property or any part
thereof. Owner also agrees to refrain from any form of discrimination as set fo~h above
pertaining to deeds, leases or contracts.
(d) Form of Nondiscrimination and Non-segregation Clauses. Owner
covenants that Owner, its successors and assigns, shall refrain from restricting the rental, sale or
lease of the Property, or any portion thereof, in any deed, lease or contract of sale, on the basis of
sex, marital status, race, color, religion, creed, ancestry or national origin of any person. Any
such deed, lease or contract shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
1. In deeds: "The grantee herein covenants by and for itself, his heirs, executors,
administrators and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on
account of sex, marital status, race, color, religion, creed, national origin, or ancestry in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein
conveyed or the improvements thereon or to be constructed thereon, nor shall the grantee
itself or any person claiming under or through the grantee, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees
in the land herein conveyed or such improvements. The foregoing covenants shall run
with the land."
2. In leases: "The lessee herein covenants by and for himself, his heirs, executors,
administrators and assigns, and all persons claiming under or through him, and this lease
is made and accepted upon and subject to the following conditions:
11087X0001\714383.3 5
That there shall be no discrimination against or segregation of any person or
group of persons on account of sex, marital status, race, color, religion, creed, national
origin or ancestry, in the leasing, subleasing, transferring, use, or enjoyment of the land
herein leased or the improvements thereon or to be constructed thereon, nor shall the
lessee himself, or any person claiming under or through the lessee, establish or permit
any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants
or vendees of the land herein leased or such improvements."
3. In contracts of sale: "There shall be no discrimination against or segregation of,
any person, or group of persons on account of sex, marital status, race, color, religion,
creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land or the improvements thereon or to be constructed
thereon, nor shall the transferee himself or any person claiming under or through the
transferee, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees of the land or such improvements."
(e) Duration of Covenants and Obligations. The covenants and
obligations contained in Sections 6(a) and 6(b) shall remain in effect until the expiration of the
Term provided for in Section 2 hereof, and the covenants against discrimination provided for in
subsections 6(c)) and 6(d) shall remain in perpetuity.
7. Management of the Property
(a) Operation, Maintenance and Repair. Owner shall have full
responsibility for the operation and maintenance of all improvements on the Property throughout
the duration of the Term. Owner shall, upon completion of the Project maintain in the manner of
first class residential apartment projects, in a first class, neat, clean, safe and sanitary condition
and repair, the improvements comprising the Project and all landscaping within the public rights
of way which may abut the Property throughout the Term of this Agreement without expense to
Agency, and shall perform all repairs and replacements necessary to maintain and preserve said
improvements and landscaping in a first class, neat, clean, safe, sanitary and healthy condition in
a manner reasonably satisfactory to Agency and in compliance with all applicable laws, and in
compliance with all applicable laws, the DDA, and the Agency Loan Documents.
The Agency shall have the right to approve the property manager(s) for the
Project, but will not unreasonably withhold its approval.
If the improvements constituting the Project are destroyed or substantially
damaged, Owner shall, subject to any applicable provisions of the Agency Loan Documents,
repair, replace, or restore such improvements. Following any casualty resulting in damage to or
destruction of the Project, the complete work of any reconstruction or replacement shall be at
least equal in value, quality and utility to the condition of the Project or landscaping before the
event giving rise to the work.
11087~0001\714383.3 6
(b) Leasing and Occupancy. The leasing and occupancy of the Units
shall be in accordance with the management plan hpproved pursuant to the DDA. Any
modifications or changes to the management plan shall be submitted to the Executive Director of
Agency for approval. The management plan shall include the tenant selection criteria,
procedures for tenant selection and the establishment and maintenance of waiting lists, the lease
and rental agreement, a copy of the "House and Ground Rules" adopted for the Property and all
policies and procedures to be used to ensure compliance with the age, income, and any other
requirements set forth as conditions for eligibility or occupancy in the Property and shall be
consistent with the terms and conditions of this Agreement. The Units shall be leased under
rental agreements substantially in a form approved by the Executive Director of Agency, and as
othenvise provided in the DDA. Any modifications or changes in the rental agreements shall be
submitted to the Executive Director of the Agency for approval.
Agency shall review and approve all policies and procedures established for the
successful management of the Property. Subject to the rights of the occupants of the Units,
Agency shall have the right to perform an annual on-site inspection of the units, common areas
and grounds and to perform an annual tenant file review to ensure that Owner is managing the
Property in accordance with the eligibility requirements set forth herein for occupancy.
(c) Pre-Leasing. Owner shall perform all advertising and related pre-
leasing work as set forth in the approved management plan.
(d) Annual Budget. Owner shall submit or shall cause its Property
Manager to submit to the Agency's Executive Director on or before , and
each anniversary thereof, an annual budget for the ongoing operation of the Project for approval
by Agency, which will not be unreasonably withheld. At the Agency's request, delivered within
30 days after receipt of the budget, each of Owner and the Agency shall cause its respective
representative(s) to meet within thirty (30) days following the receipt of request to review the
budget; such review is without obligation to either party to propose or agree to any modification
of permitted Operating Expenses.
(e) Management of Property. Owner shall be completely responsible
for the management, administration and operation of the Property including, but not limited to
the hiring and discharge of employees, salaries and all other related Property expenses,
maintenance and repairs, including capital expenditures, the financial operations of the Property,
the rental and re-rental of the apartment units in accordance with the occupancy requirements set
forth in this Agreement and all operational, maintenance and management responsibilities of an
owner in a typical multi-family residential housing project.
(f) .Reserves. The Owner will maintain operating and replacement
reserves satisfactory to the Agency and will not withdraw funds from such reserves without the
consent of the Agency, which will not be unreasonably withheld.
(g) Management Agency's Failure to Perform. In the event the
management agency appointed by Owner for management of the Project fails to perform the
obligations imposed upon Owner by this Section 7, such failure shall constitute a default under
Section 11 hereof, and if Owner shall fail to cure such default as provided in Section 11 hereof,
11087X0001\714383.3 7
then Agency shall have the right, in addition to any other remedies of Agency, to require Owner,
upon 30 days prior written notice, to appoint a substitute management agency, reasonably
acceptable to both Agency and Owner.
8. Indemnification. Owner shall defend, indemnify, assume all responsibility
for and hold Agency, and its respective elected and appointed officers and employees, harmless
from all costs (including attorneys' fees and costs), claims, demands, liabilities, or judgments for
injury or damage to property and injuries to persons, including death, which may be related to
the Property or caused by any of Owner's activities under this Agreement, whether such
activities or performance thereof be by Owner or anyone directly or indirectly employed or
contracted with by Owner and whether such damage shall accrue or be discovered before or after
termination of this Agreement. This indemnity includes, but is not limited to, any repair,
cleanup, remediation, detoxification, or preparation and implementation of any removal,
remedial, response, closure or other plan (regardless of whether undertaken due to governmental
action) concerning any hazardous substance or hazardous wastes including petroleum and its
fractions as defined in the Comprehensive Environmental Response, Compensation and Liability
Act ["CERCLA"; 42 U.S.C. Section 9601, et secl.], the Resource Conservation and Recovery Act
["RCRA"; 42 U.S.C. Section 6901 et sea.] and California Health and Safety Code Section Code
Section 25280 et sea. on the Property or at any place where Owner owns or has control of real
property pursuant to any of Owner's activities under this Agreement. The foregoing indemnity
is intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and California
Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify Agency
from liability. This indemnity shall survive the termination of this Agreement for any reason.
This indemnity shall not be construed in any way to be a limitation on Owner's indemnity
obligations under the DDA.
9. Compliance with Local, State and Federal Laws. Owner shall carry out
the provisions of this Agreement and own and operate the Project in conformity with all
applicable local, state and federal laws and regulations including, without limitation, all
regulations and conditions of funding with respect to the issuance of the Note (including a
regulatory agreement required in connection with the issuance of the tax credits to Owner), and
Housing Set Aside Funds under Health and Safety Code Section 33334.2 (as amended from time
to time).
10. Accounting to Agency.
(a) The books and accounts of the Property shall be kept in conformity
with generally accepted accounting practices.
(b) Owner shall submit to Agency annually, on or before
of each calendar year, a report setting forth the rental rate of all Units and the
income and number of known occupants of all Units. The income information required by this
Section shall be supplied by the tenants of the Units in a certified statement on a form from time
to time provided by Agency.
(c) Owner shall provide Agency audited financial statements of the
operations of the Project showing the rents and periods of time each Unit was rented. The first
11087XOOOIW14383.3 8
accounting period for which such statements shall be provided shall end on the last day of the
month in which all of the Units have been initially rented to the first occupants, the accounting
shall be made to Agency within 30 days of such date, [but need not be audited]. Thereafter,
annual audited financial statements shall be made within 30-days of the yearly anniversary of the
end of the month for which the first accounting report was made. [TIMING?]
(d) Owner shall maintain a complete and accurate rent roll listing all
Units, with the very low and lower income Units listed separately, and the names of all tenants,
the dates of their tenancies and the amounts of rents and security deposits charged and collected.
(e) Agency, its agents and employees, shall have the right, after
reasonable notice, to review and inspect, at reasonable times during business hours, the books,
records and accounts of Owner specifically regarding the Property, from and after the date of the
recordation of this Agreement and until the expiration of this Agreement.
(f) Owner shall retain all documents and records pertaining to the
rents charged, income of tenants and all matters relating to Owner's obligations under Section 4
of this Agreement for a period of 3 years and make shall them available to Agency on 5 business
days' prior notice, provided however that if the provisions of any federal or state law or
regulation requires a longer period of retention, Owner shall comply with such period or
retention.
(g) Agency may conduct audits of the rents charged, income of tenants
and all matters relating to Owner's obligations under this Agreement and within 3 years from the
date of the applicable period with respect to which such records relate, and Owner shall
cooperate with the Agency's auditors in conducting the audit. Such audits shall not occur more
frequently than once each fiscal year. Agency shall pay for the costs of the audit unless the audit
reveals that Owner did not materially comply with the provisions of this Agreement, in which
case, Owner shall pay all costs of the audit.
11. Violation of Regulatory Agreement And/or Loan Documents by Owner.
(a) Owner shall perform each and every obligation set forth in this
Agreement and the DDA and Agency Loan Documents between Owner and Agency respecting
the Property.
(b) In the event of the violation by Owner of any of the provisions of
this Agreement or the DDA or the Agency Loan Documents, then Agency shall give written
notice thereof to Owner by registered mail addressed to Owner at the address stated in this
Agreement, or to such other address as may have been designated by Owner. If such violation is
not cured to the satisfaction of Agency within the time period specified in the DDA or the
Agency Loan Documents (or if no period is specified, within 30 days after the date such notice is
received, or if such violation is a non-monetary obligation that cannot reasonably be cured within
such 30 day period, then if Owner fails to commence to cure such violation within said 30 day
period and fails diligently to prosecute such cure to completion as soon as reasonably possible
but, in not event, no later than 3 months after receipt of notice of such violation), then Agency
may without further notice, declare in writing a default under this Agreement effective on the
11087~0001\714383.3 9
date of such declaration of default, and upon any such declaration of default Agency may apply
to any court, State or Federal, for specific performance of this Agreement; for an injunction
against any violation by Owner of this Agreement or of the DDA or the Agency Loan
Documents, and for the appointment of a receiver to take over and operate the Property in
accordance with the terms of this Agreement or the DDA or the Agency Loan Documents, or for
such other relief as may be appropriate, including without limitation damages, and the cost to
Agency in enforcing the terms of this Agreement (including the reasonable time expended by
Agency staff, consultants, auditors, attorneys and other personnel involved in such enforcement).
(c) The remedies of Agency herein, or under any other instrument
providing for or evidencing the financial assistance provided herein, are cumulative, and the
exercise of one or more of such remedies shall not be deemed an election of all remedies and
shall not preclude the exercise by Agency of any one or more of its other remedies.
(d) Agency shall provide by mall copies of any notice of any violation
to all other lien holders who have delivered a request therefor to the Agency and have also
recorded a Request for Special Notice in accordance with California Civil Code Section 2924e
(as amended), at the address for notices most recently provided by Owner or such lien holders
for such notices, and such parties shall have the same right to cure Owner's defaults hereunder
on behalf of Owner.
12. General Provisions.
(a) The covenants which have been established pursuant to this
Agreement shall be deemed to be covenants running with the land for the benefit of the Project
Area and Agency in carrying out its statutory responsibilities under California Redevelopment
Act (Health and Safety Code Sections 33000 et seq.) to implement the Redevelopment Plan and
to provide for the development of low and moderate income housing in the community. The
covenants hereof shall be binding upon the Property and run for the benefit of the Project Area
and Agency and its successors and assigns, and such covenants shall run in favor of Agency for
the entire period during which such covenants shall be in force and effect, without regard to
whether Agency is or remains an owner of any land or interest therein to which such covenants
relate. Agency is deemed the beneficiary of the terms and provisions of this Agreement and of
the covenants running with the land, for and in its own fights and for the purposes of protecting
the interests of the community and other parties, public or private, in whose favor and for whose
benefit this Agreement and the covenants running with the land have been provided. Only
Agency and its successors in interest may enforce this Agreement; nothing herein is intended to
create any third party beneficiaries to this Agreement, and no person or entity other than Agency
or Owner, and the permitted successors and assigns of either of them, shall be authorized to
enforce the provisions of this Agreement. Not by way of limitation of the foregoing, the tenants
of the Property are not intended to be third party beneficiaries hereunder.
(b) This Agreement and the covenants reservations, restrictions and
agreements contained herein shall be a burden upon the Property and shall bind Owner, its
successors and assigns with respect to the Property. Owner may not assign any of the benefits of
this Agreement, or delegate any of Owner's obligations hereunder, voluntarily or by operation of
/aw, without the prior written approval of Agency.
11087~)001\714383.3 10
(c) Agency and its successors and assigns, and Owner and its
successors and assigns as holders of the ground leasehold interest in the Property, shall have the
right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants,
reservations and restrictions contained in this Agreement.
(d) This Agreement represents the entire agreement of the parties
hereto with respect to the subject matter hereof and may not be altered or amended except by
writing executed between the parties to be charged.
(e) In any action between the parties to interpret, enforce, reform,
modify, rescind, or otherwise in connection with any of the terms or provisions of this
Agreement, the prevailing party in the action shall be entitled, in addition to any other relief to
which it may be entitled, reasonable costs and expenses including, without limitation, litigation
costs and reasonable attorneys' fees.
(f) If any term, covenant, condition or provision of this Agreement, or
the application thereof to any circumstance, shall, at any time or to any extent, be determined by
a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this
Agreement, or the application thereof to circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected thereby and each term, covenant, condition and
provision of this Agreement, shall be valid and enforceable, to the fullest extent permitted by
law.
(g) The use of the plural in this Agreement shall include the singular
and the singular shall include the plural, and the use of one gender shall be deemed to include all
genders.
(h) Time is of the essence hereof.
(i) No waiver by Agency of any breach of or default under this
Agreement shall be deemed to be a waiver of any other or subsequent breach thereof or default
hereunder.
(j) This Agreement and all related documents shall be deemed to be
contracts made and delivered in the State of California and shall be governed and construed and
interpreted in accordance with the laws of said State. Headings and titles herein are for
convenience only and shall not influence any construction or interpretation.
(k) Any notice required to be given hereunder shall be given by
certified or registered mail, postage prepaid, return receipt requested, at the addresses specified
below, or at such other addresses as may be specified in writing by the parties hereto as follows:
If to Agency:
Redevelopment Agency of the City of Temecula
Post Office Box 9033
Temecula, California 92589-9033
Attention: Executive Director
11087~}001\714383.3 11
and to:
Redevelopment Agency of the City of Temecula
43200 Business Park Drive
Temecula, California 92589-9033
Attn.: Executive Director
Tel.: (909) 694-6~.n.~,
Fax: (909) 694-1999
With a copy to:
Richards, Watson & Gershon
333 South Hope Street, 38th Floor
Los Angeles, California 90071
Attn.: Peter Thorson
Tel.: (213) 626-8484
Fax: (213) 626-0078
If to Owner, to:
c/o Corporation for Better Housing
15490 Ventura Boulevard, Suite 210
Sherman Oaks, California 91403
Attn: David A. Ferguson
Tel: (818) 905-2430
Fax: (818) 905-2440
(1) This Agreement may be simultaneously executed in multiple
counterparts, all of which shall constitute one and the same instrument, and each of which shall
be deemed to be an original.
[remainder of this page intentionally left blank]
11087~0001\714383.3 12
IN WITNESS WHEREOF, the parties hereto have entered into this Regulatory
Agreement as of the day and year first above written.
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA, a public body,
corporate and politic
28500 PUJOL STREF~T,
a California limited partnership
By:. By:
Chairperson
Corporation for Better Housing,
a , General Partner
By:
Name:
Title:
Attest:
Secretary
"Agency"
"Owner"
Approved as to Form:
RICHARDS, WATSON & GERSHON, a
professional corporation
Agency Counsel
By:.
11087~0001\714383.3 13
Exhibit A
Legal Description
EXHIBITS
11087~0001W14383.3 14
ORDER NO 10212831-9
EXHIBIT "A"
PARCEL 1:
THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT
TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF
WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED
RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, IN BLOCK
27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE 726
OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID
MAP;
THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPT THE NORTHWESTERLY 70 FEET.
ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE
SOUTHWESTERLY LINE OF RIVER STREET.
PARCEL 2:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF
THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
-4-
ORDER NO 10212831-9
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP;
THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
PARCEL 3:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF
THE FOLLOWING DESCRIBED PARCEL:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY
CORNER OF LOT 22, BLOCK 25 ON SAID;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
-5-
ORDER NO 10212831-9
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
2.
3.
4.
o
o
NO TAXES DUE
NO TAXES DUE
NO TAXES DUE
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75)
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT
AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT
MAPS OR NOTICES FILED BY SAID DISTRICTS.
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN
BY THE PUBLIC RECORDS.
THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT
EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO
CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS
INSTRUMENT NO. 92330, OFFICIAL RECORDS.
EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN
KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT
WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS
EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE,
BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY
7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS
OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY
OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE
IMMEDIATELY FOR FURTHER REVIEW.
-6-
ORDER NO 10212831-9
10.
WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE
EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER
MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT
WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS
OR ENCUMBRANCES THEREON.
PARTIES:
ALL PARTIES TO THIS TRANSACTION
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO
COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS
ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED
BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF
INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF
CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN
FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE
ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND
WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.)
-7-
State of Califomia }
}
County of }
On ,2003, before me, , a Notary
Public, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of California }
}
County of }
On ,2003, before me, , a Notary
Public, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
(seal)
11087~0001\714383.3
State of California }
}
County of }
On ,2003, before me, , a Notary
Public, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of California }
}
County of }
On ,2003, before me, , a Notary
Public, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
(seal)
11087~0001\714383.3
EXHIBIT F
FORM OF AGENCY NOTE
[Attached.]
11087~0001\713019.3
F-1
PROMISSORY NOTE SECURED BY DEED OF TRUST
$2,615,000.00
Date: ,2003
Temecula, California
1. Basic Terms.
For value received, the undersigned ("Developer") promises to pay to the order of
the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA (the "Agency") at Post
Office Box 9033, 43200 Business Park Drive, Temecula, California 92589-9033, or at such other
place as Agency may from time to time designate in writing, a principal amount of up to Two
Million Six Hundred Fifteen Thousand Dollars ($2,615,000.00) or so much thereof as shall from
time to time be disbursed hereunder, with interest from and after the date on which a Certificate
of Occupancy is issued by the appropriate governmental authority for the Project (as defined in
that certain Disposition and Development Agreement dated ,2003 between Agency and
Developer, hereinafter referred to as the "DDA") equal to THREE PERCENT (3%) per annum.
All accrued but unpaid interest shall be added to principal on each anniversary of this Note and
shall thereafter bear interest at the interest rate specified in this Note.
2. Maturity Date and Payments.
All unpaid principal and accrued interest under this Note shall be due and payable
on the date that is fifty-five (55) calendar years after the date of this Note or such earlier date on
which the principal and interest under this Note are accelerated pursuant to the terms of this Note
(the "Maturity Date").
Prior to the Maturity Date, Developer shall pay to Agency on the of every
calendar month, fifty percent (50%) of all Residual Receipts (as defined in the DDA) for the
preceding calendar month period.
3. Prepayment.
Developer may prepay the outstanding principal balance under this Note, in whole
or in part, and other sums owed to Agency under this Note, at any time without penalty.
4. Lawful Money.
All amounts shall be payable in lawful money of the United States of America.
5. Applications of Payments; Late Charges.
a. Any payments received by Agency pursuant to the terms hereof shall be
applied first to sums, other than principal, due Agency pursuant to this Note, next to the payment
of interest, if any, due Agency pursuant to this Note, then to reduce principal.
11087X0016\714400.2
b. If any payment is not received by Agency within ten (10) days following
the due date thereof, then in addition to the remedies conferred upon Agency pursuant to Section
9 hereof and the other Agency Loan Documents (as defined in the DDA), a late charge of five
percent (5%) of the amount due and unpaid shall be added to the delinquent amount to
compensate Agency for the expense of handling the delinquency, computed from the date on
which the amount was due and payable until paid. Without prejudice to the rights of Agency
hereunder or under any of the other Agency Loan Documents, Developer shall indemnify
Agency against, and shall pay Agency on demand, any expense or loss which it may sustain or
incur as a result of the failure by Developer to pay when due any installment of interest and/or
principal, fees, or other amounts payable to Agency under this Note or any other Agency Loan
Document, to the extent that any such expense or loss is not recovered pursuant to such
foregoing provisions.
6. Security.
This Note is secured by a Deed of Trust and the other Agency Loan Documents,
which instruments create a lien on certain real and personal property described therein.
7. Acceleration by Reason of Transfer or Financing.
Prior to the repayment in full of this Note and the full release and reconveyance of
the Deed of Trust, the Developer shall not assign or attempt to assign the DDA or any right
therein, nor make any total or partial sale, transfer, conveyance or assignment of the whole or
any part of the Property, the Project thereon, or any portion thereof or interest therein, and the
general partner of the Developer shall not assign, encumber or transfer its partnership interest in
Developer, without the prior written consent of the Agency except as otherwise expressly
permitted in the DDA.
In the event of a violation of the preceding paragraph, Agency may declare the
outstanding principal amount of this Note and the interest accrued thereon, and ail other sums
secured hereby, to be due and payable immediately.
8. Events of Default. The occurrence of a "default" by Borrower under the DDA,
the Loan Agreement or the Regulatory Agreement shall constitute an "Event of Default" under
this Note.
9. Remedies.
Upon the occurrence of an Event of Default, at the option of Agency, the entire
balance of principal with all accrued interest thereon, together with other amounts owed by
Developer to Agency under this Note and the Deed of Trust, shall, without demand or notice,
immediately become due and payable. No delay or omission on the part of Agency in exercising
any right under this Note or under any of the other Agency Loan Documents shall operate as a
waiver of such right. Upon the occurrence of any Event of Default (and so long as such Event of
Default shall continue), the entire balance of principal together with other amounts owed by
Developer to Agency under this Note and the Deed of Trust shall bear interest at the then
applicable interest rate set forth in this Note plus five percent (5%) (the "Default Rate"). No
11087~0016\714400.2 -2-
delay or omission on the part of Agency in exercising any right or remedy shall operate as a
waiver of such right or remedy.
10. Waiver.
Developer hereby waives diligence, presentment, protest and demand, notice of
protest, dishonor and nonpayment of this Note, and expressly agrees that, without in any way
affecting the liability of Developer hereunder, Agency may extend any maturity date or the time
for payment of any installment due hereunder, accept additional security, release any party liable
hereunder and release any security now or hereafter securing this Note. Developer further
waives, to the fullest extent permitted by law, the right to plead any and all statutes of limitations
as a defense to any demand on this Note, or on any deed of trust, security agreement, guaranty or
other agreement now or hereafter securing this Note.
11. Attorneys' Fees.
If this Note is not paid when due or if any Event of Default occurs, Developer
promises to pay all costs of enforcement and collection, including but not limited to reasonable
attorneys' fees, whether or not any action or proceeding is brought to enforce the provisions
hereof.
12. Severability.
Every provision of this Note is intended to be severable. In the event any term or
provision hereof is declared by a court of competent jurisdiction to be illegal or invalid for any
reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and
provisions hereof, which terms and provisions shall remain binding and enforceable.
13. Number and Gender.
In this Note the singular shall include the plural and the masculine shall include
the feminine and neuter gender, and vice versa, if the context so requires.
[remainder of page intentionally left blank]
11087X0016\714400.2 -3-
14. Inconsistency with DDA.
In the case of any inconsistency between the provisions of this Note and the
DDA, the provisions of this Note shall prevail.
"DEVELOPER"
28500 PUJOL STREET, a California limited
partnership
By: Corporation for Better Housing,
a corporation, its General
Partner
By:
Name:
Title:
11087~0016\714400.2 4-
EXHIBIT G
FORM OF AGENCY DEED OF TRUST
[A~ached.]
11087X0001\713019.3
G-1
RECORDING REQUESTED BY
AND W-I-IEN RECORDED MAIL TO
Redevelopment Agency of the City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Clerk
Exempt from recordin~ fees pursuant to Gov. Code Sec. 6103 & 27383
(Space Above This Line for Recorder's Use)
DEED OF TRUST,
SECURITY AGREEMENT AND FIXTURE FILING
(WITH ASSIGNMENT OF RENTS)
This Deed of Trust, Security Agreement and Fixture Filing (With Assignment of Rents)
is made as of ,2003, by 28500 PUJOL STREF. T, a Califomia limited
partnership (hereinafter referred to as "Trustor"), whose address is c/o Corporation for Better
Housing, 15490 Ventura Blvd., Suite 210, Sherman Oaks, California 91403, Attn: David A.
Ferguson, to First American Title Insurance Company (hereinafter called "Trustee"), for the
benefit of the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body,
corporate and politic (hereinafter called "Beneficiary"), whose address is Post Office Box 9033,
43200 Business Park Drive, Temecula, California 92589-9033; Telephone: (909) 694-6444; Fax:
(909) 694-1999.
The Trustor grants, transfers and assigns to the Trustee in trust, upon the covenants,
conditions and agreements and for the uses and purposes hereinafter contained, with power of
sale, and right of entry and possession, all of its right, title and interest in that certain real
property (the "Site") in the City of Temecula, County of Riverside, State of California, described
in Exhibit A attached hereto and incorporated herein by this reference.
Together with the Trustor's interest in all buildings, structures and improvements of
every nature whatsoever now or hereafter situated on the Site; and
Together with the rents, issues and profits thereof; and together with all buildings and
improvements of every kind and description now or hereafter erected or placed thereon, and all
fixtures, including but not limited to all gas and electric fixtures, engines and machinery,
radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers,
stoves, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and
other plumbing and heating fixtures, mantles, cabinets, refrigerating plant and refrigerators,
whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings,
screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings
shall to the extent permitted by law be deemed to be permanently affixed to and a part of the
realty; and
11087'~016\714397.2
Together with all building materials and equipment now or hereafter delivered to said
premises and intended to be installed therein; and
Together with all plans, thawings, specifications, etc., and articles of personal property
now or hereafter attached to or used in and about the building or buildings now erected or
hereafter to be erected on the Site which are necessary to the completion and comfortable use
and occupancy of such building or buildings for the purposes for which they were or are to be
erected, including all other goods and chattels and personal property as are ever used or
fumisbed in operating a building, or the activities conducted therein, similar to the one herein
described and referred to, and all renewals or replacements thereof or articles in substitution
therefor, whether or not the same are, or shall be attached to said building or buildings in any
manner.
To have and to hold the property hereinbefore described (including the Site and all
appurtenances), all such property being referred to collectively herein as the "Property," to the
Trustee, its successors and assigns forever.
FOR THE PURPOSE of securing (1) payment of indebtedness of the Trustor to the
Beneficiary in the principal sum of Two Million Six Hundred Fifteen Thousand Dollars
($2,615,000.00), as evidenced by a promissory note of even date herewith between the Trustor
and the Beneficiary ("Note"); (2) the performance of each agreement of the Trustor in this Deed
of Trust, the Note and that certain Construction Loan Agreement dated of even date herewith
between Trustor and Beneficiary (the "Loan Agreement"); (3) the performance of each
agreement of the Trustor under that certain Disposition and Development Agreement, dated as of
,2003, by and between the Trustor (the "Developer" therein) and the Beneficiary
("Agency" therein), on file in the Office of the Beneficiary (the "Agreement"); and (4) all
extensions, amendments, modifications or renewals of the Note, the Loan Agreement or the
Agreement, however evidenced, and additional advances evidenced by any note reciting that it is
secured hereby. The Agreement, the Loan Agreement, the Note and this Deed of Trust are
referred to collectively as the "Agency Documents."
AND TO PROTECT THE SECURITY OF THE DEED OF TRUST, THE TRUSTOR
COVENANTS AND AGREES:
1. That it will pay the Note at the time and in the manner provided therein;
That it will not permit or suffer the use of any of the Property for any purpose other than
the use set forth in the Agreement;
That the Note and Agreement are incorporated herein and made a part of this Deed of
Trust. Upon default under the Note or this Deed of Trust or upon violation of the
Agreement, the Beneficiary, at its option, may declare the whole of the indebtedness
secured hereby to be due and payable;
That all rents, profits and income from the Property covered by this Deed of Trust are
hereby assigned to the Beneficiary for the purpose of discharging the debt hereby
secured. Permission is hereby given to the Trustor, so long as no default exists
hereunder, to collect such rents, profits and income;
11087~0016\714397.2 -2-
o
10.
That upon default under any of the Agency Documents, the Beneficiary shall be entitled
to the appointment of a receiver by any court having jurisdiction, without notice, to take
possession and protect the Property described herein and operate same and collect the
rents, profits and income therefrom;
That the Trustor will keep the improvements now existing or hereafter erected on the
Property insured against loss by fire and such other hazards, casualties and contingencies
as may be required in writing from time to time by the Beneficiary, and all such
insurance shall be evidenced by standard fire and extended coverage insurance policy or
policies. In no event shall the amounts of coverage be less than one hundred percent
(100%) of the replacement cost of the improvements on the Property. Such policies shall
be endorsed with standard mortgagee clause with loss payable to the Beneficiary, and
certificates thereof together with copies of original policies shall be deposited with the
Beneficiary;
To pay, at least ten (10) days before delinquency, any taxes and assessments affecting
said Property when due, all encumbrances, charges and liens, with interest, on said
Property or any part thereof which appear to be prior or superior hereto, all costs, fees
and expenses of this Trust;
To keep said Property in good condition and repair, and not to remove or demolish any
buildings thereon (except for the remodeling of three existing homes); to complete or
restore promptly and in good and workmanlike manner any building which may be
constructed, damaged, or destroyed thereon and to pay when due all claims for labor
performed and materials furnished therefor (unless contested in good faith if the Trustor
provides security satisfactory to the Beneficiary that any amounts found to be due will be
paid and no sale of the Property or other impairment of the security hereunder will
occur); to comply with all laws affecting said Property or requiring any alterations or
improvements to be made thereon; not to commit or permit waste thereof; not to commit,
suffer or permit any act upon said Property in violation of law and/or covenants,
conditions and/or restrictions affecting said Property; not to permit or suffer any
alteration of or addition to the improvements hereafter constructed in or upon said
Property without the consent of the Beneficiary;
To appear in and defend any action or proceeding purporting to affect the security hereof
or the rights or powers of the Beneficiary or the Trustee, and to pay all costs and
expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in
any such action or proceeding in which the Beneficiary or the Trustee may appear;
Should the Trustor fail to make any payment or do any act as herein provided, then the
Beneficiary or the Trustee, but without obligation so to do and without notice to or
demand upon the Trustor and without releasing the Trustor from any obligation hereof,
may make or do the same in such manner and to such extent as either may deem
necessary to protect the security hereof. The Beneficiary or the Trustee being authorized
to enter upon said Property for such purposes, may commence, appear in and/or defend
any action or proceeding purporting to affect the security hereof or the rights or powers
of the Beneficiary or the Trustee; may pay, purchase, contest or compromise any
11087\0016\714397.2 -3-
encumbrance, charge, or lien which in the judgment of either appears to be prior or
superior hereto; and, in exemising any such powers, may pay necessary expenses, employ
counsel, and pay its reasonable fees;
11.
The Beneficiary shall have the fight to pay tim and other property insurance premiums
when due should the Trustor fail to make any required premium payments. All such
payments made by the Beneficiary shall be added to the principal sum secured hereby;
12.
To pay immediately and without demand all sums so expended by the Beneficiary or the
Trustee, under permission given under this Deed of Trust, with interest from date of
expenditure at the highest rate of interest permitted by law, after an Event of Default;
13.
That the loan evidenced by the Note is in consideration for Tmstor's agreement to use the
Property in accordance with the Agency Documents; and upon the failure of the Trustor
to keep and perform all the covenants, conditions and restrictions of any of the Agency
Documents, the principal sum and all other charges provided for in the Note shall at the
option of the Beneficiary become due and payable, anything contained herein to the
contrary notwithstanding;
14.
The Trustor further covenants that it will not voluntarily create, suffer or permit to be
created against the Property subject to this Deed of Trust any lien or liens except as
authorized by the Beneficiary and further that it will keep and maintain the Property free
from the claims of all persons supplying labor or materials which will enter into the
construction of any and all improvements now being constructed or to be constructed on
the Property;
15.
That any and all improvements made or about to be made on the Property, and all plans
and specifications, shall comply with all applicable municipal ordinances and regulations
and all other regulations made or promulgated, now or hereafter, by lawful authority, and
that the same will upon completion comply with all such municipal ordinances and
regulations and with the rules of the applicable fire rating or inspection organization,
bureau, association or office;
16.
The Trustor herein agrees to pay to the Beneficiary or to the authorized financial
servicing representative of the Beneficiary a charge not to exceed $15.00 for providing a
statement regarding the obligation secured by this Deed of Trust as provided by Section
2954, Article 2, Chapter 2, Title 14, Division 3 of the California Civil Code,
IT IS MUTUALLY AGREED THAT:
17.
If the construction of any improvements as herein referred to shall not be carded on with
reasonable diligence, or shall be discontinued for more than fourteen (14) days for any
reason other than strikes or lockouts, the Beneficiary, after due notice to the Trustor or
any subsequent owner, is hereby vested with full and complete authority to enter upon the
Property, employ watchmen to protect such improvements from depreciation or injury
and to preserve and protect the personal property therein, and to continue any and all
outstanding contracts for the erection and completion of said building or buildings, to
make and enter into any contracts and obligations wherever necessary, either in its own
11087\0016\714397.2 -4-
18.
19.
20.
name or in the name of the Trustor, and to pay and discharge all debt, obligations and
liabilities incurred thereby. All such sums so advanced by the Beneficiary (exclusive of
advances of the principal of the indebtedness secured hereby) shall be added to the
principal of the indebtedness secured hereby and shall be secured by this Deed of Trust
and shall be due and payable on demand with interest at the highest rate of interest
permitted by law;
Should the Property or any part thereof be taken or damaged by reason of any public
improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any
other manner, the Beneficiary shall be entitled to ail compensation, awards, and other
payments or relief therefor, and shail be entitled at its option to commence, appear in and
prosecute an its own name, any action or proceedings, or to make any compromise or
settlement, in connection with such taking or damage. All such compensation, awards,
damages, rights of action and proceeds, including the proceeds of any policies of fire and
other insurance affecting said Property, are hereby assigned to the Beneficiary. After
deducting therefrom all its expenses, including attorneys' fees, the balance of the
proceeds shall be applied to the amount due under the Note secured hereby. No amount
applied to the reduction of the principal shall relieve the Trustor from making additional
payments as required by the Note;
Upon default by the Trustor under the Loan Agreement, the Beneficiary may declare ail
sums secured hereby immediately due and payable and may exercise its rights and
remedies under the Agency Documents and applicable law, including, without limitation,
delivery to the Trustee of written declaration of default and demand for sale, and of
written notice of default and of election to cause the Property to be sold, which notice the
Trustee shall cause to be duly filed for record;
Beneficiary's remedies shall include, without limitation, after the lapse of such time as
may then be required by law following the recordation of said notice of default, and
notice of sale having been given as then required by law, the right to cause the Trustee,
without demand on the Trustor, to sell said Property at the time and place fixed by it in
said notice of sale, either as a whole or in separate parcels, and in such order as it may
determine at public auction to the highest bidder for cash in lawful money of the United
States, payable at time of sale. The Trustee may postpone sale of all or any portion of
said Property by public announcement at the time and place of sale, and from time to
time thereafter may postpone the sale by public announcement at the time fixed by the
preceding postponement. The Trustee shall deliver to the purchaser its deed conveying
the property so sold, but without any covenant or warranty, express or implied. The
recitals in the deed of any matters or facts shall be conclusive proof of the truthfulness
thereof. Any person, including the Trustor, the Trustee or the Beneficiary, may purchase
at the sale. The Trustee shall apply the proceeds of sale to payment of: (a) the expenses of
such sale, together with the reasonable expenses of this trust including therein the
Trustee's fees or attorneys' fees for conducting the sale, and the actuai cost of publishing,
recording, mailing and posting notice of the sale; (b) the cost of any search and/or other
evidence of title procured in connection with such saie and revenue stamps on the
Trustee's deed; (c) all sums expended under the terms hereof, not then repaid; (d) ail
11087\0016\714397.2 -5-
21.
22.
23.
26.
27.
28.
other sums then secured hereby; and (e) the remainder, if any, to the person or persons
legally entitled thereto;
The Beneficiary may from time to time substitute a successor or successors to the Trustee
named herein or acting hereunder to execute this Deed of Trust. Upon such appointment,
and without conveyance to the successor trustee, the latter shall be vested with ail title,
powers, and duties conferred upon the Trustee herein named or acting hereunder. Each
such appointment and substitution shall be made by written instrument executed by the
Beneficiary, containing reference to this Deed of Trust and its place of record, which,
when duly recorded in the proper office of the county or counties in which the Property is
situated, shall be conclusive proof of proper appointment of the successor trustee;
The pleading of any statute of limitations as a defense to any and all obligations secured
by this Deed of Trust is hereby waived to the fullest extent permissible by law;
At such time as the Note is paid in full or otherwise canceled pursuant to the Note or the
Agreement, the Beneficiary may submit a written request stating that all sums secured
hereby have been paid or forgiven pursuant to the Note or Agreement, and upon
surrender of this Deed of Trust and the Note to the Trustee for cancellation and retention
and upon payment of its fees, the Trustee shall reconvey, without warranty, the property
then held hereunder. The recitals in such reconveyance of any matters of fact shall be
conclusive proof of the truthfulness thereofi The grantee in such reconveyance may be
described as "the person or persons legally entitled thereto;"
The trust created hereby is irrevocable by the Trustor;
This Deed of Trust applies to, inures to the benefit of; and binds all parties hereto, their
heirs, legatees, devisees, administrators, executors, successors and assigns. The term "the
Beneficiary" shall include not only the original Beneficiary hereunder but also any future
owner and holder, including pledgees of the Note secured hereby. In this Deed of Trust,
whenever the context so requires, the masculine gender includes the feminine and/or
neuter, and the singular number includes the plural;
The Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged,
is made public record as provided by law. Except as otherwise provided by law the
Trustee is not obligated to notify any party hereto of pending sale under this Deed of
Trust or of any action or proceeding in which the Trustor, the Beneficiary, or the Trustee
shail be a party unless brought by the Trustee;
The Trustor agrees at any time and from time to time upon receipt of a written request
from the Beneficiary, to furnish to the Beneficiary a detailed statement in writing of
income, rents, profits and operating expenses of the Property, and the names of the
occupants in possession, together with full information regarding all purchase and sale
and occupancy agreements, and such other information regarding the Property and its use
as may be requested by the Beneficiary;
The Trustor shall permit the Beneficiary and its agents or representatives to inspect the
Property at any and all reasonable times with or without advance notice. Inspections
11087\0016\714397.2 -6-
29.
30.
shall be conducted so as not to interfere with the occupants' use and enjoyment of the
Property;
The sums secured hereby shall be subject to the restrictions set forth in the Agency
Documents, and the Trustor hereby consents to such restrictions and agrees to be bound
thereby. Such restrictions shall be in addition to and not in limitation of the rights of the
Beneficiary expressly set forth in this Deed of Trust;
For purposes of this Deed of Trust, "Hazardous Materials" shall mean any substance,
chemical, compound or mixture which is (or contains or is the decomposition product of
any substance, chemical compound, or mixture which is):
(a)
a "Hazardous Substance," "Hazardous Material," "Hazardous Waste," or "Toxic
Substance" under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, 42 II.S.C. §§ 9601, et sea., the Hazardous Materials
Transportation Act, 49 U.S.C. §§ 1801, et seq., or the Resource Conservation and
Recovery Act, 42 U.S.C. §§ 6901, et seq.;
(b)
an "Extremely Hazardous Waste," a "Hazardous Waste," or a "Restricted
Hazardous Waste," under §§ 25115, 25117 or 25122.7 of the California Health
and Safety Code, or is listed or identified pursuant to §§ 25140 or 44321 of the
California Health and Safety Code;
(c)
a "Hazardous Material," "Hazardous Substance," "Hazardous Waste," "Toxic Air
Contaminant," or "Medical Waste" under §§ 25281, 25316, 25501, 25501.1,
25023.2 or 39655 of the California Health and Safety Code;
(d)
"Oil" or a "Hazardous Substance" listed or identified pursuant to § 311 of the
Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other
hydrocarbonic substance or by-product;
(e)
listed or defined as a "Hazardous Waste," "Extremely Hazardous Waste," or an
"Acutely Hazardous Waste" pursuant to Chapter 11 of Title 22 of the California
Code of Regulations;
(f)
listed by the State of California as a chemical known by the State to cause cancer
or reproductive toxicity pursuant to § 25249.9(a) of the California Health and
Safety Code;
(g)
a material which due to its characteristics or interaction with one or more other
substances, chemical compounds, or mixtures, damages or threatens to damage,
health, safety, or the environment, or is required by any law or public agency to
be remediated, including remediation which such law or public agency requires in
order for the Property to be put to any lawful purpose;
(h)
any material whose presence would require remediation pursuant to the guidelines
set forth in the State of Califomia Leaking Underground Fuel Tank Field Manual,
11087\0016\714397.2 -7-
31.
whether or not the presence of such material resulted from a leaking underground
fuel tank;
(i)
pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act,
7 U.S.C. §§ 136 et seq.;
(J)
asbestos, PCBs, and other substances regulated under the Toxic Substances
Control Act, 15 U.S.C. §§ 2601 et seq.;
(k)
any radioactive material including, without limitation, any "source material,"
"special nuclear material," "by-product material," "low-level wastes," "high-level
radioactive waste," "spent nuclear fuel," or "transuranic waste," and any other
radioactive materials or radioactive wastes, however produced, regulated under
the Atomic Energy Act, 42 U.S.C. §§ 2011 et seq., the Nuclear Waste Policy Act,
42 U.S.C. §§ 10101 et seq., or pursuant to the California Radiation Control Law,
California Health and Safety Code §§ 25800 et seq.,
(1)
regulated under the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq.,
or the California Occupational Safety and Health Act, Califomia Labor Code §§
et seq.; and/or
(m) regulated under the Clean Air Act, 42 U.S.C. §§ 7401 et seq. or pursuant to
Division 26 of the California Health and Safety Code;
In addition to the general and specific representations, covenants and warranties set forth
in the Deed of Trust or otherwise, the Trustor represents, covenants and warrants, with
respect to Hazardous Materials, as follows:
Neither the Trustor nor, to the best knowledge of the Trustor, any other person,
has ever caused or permitted any Hazardous Materials to be manufactured,
placed, held, located or disposed of on, under or at the Property or any part
thereof, and neither the Property nor any part thereof or any property adjacent
thereto has ever been used (whether by the Trustor or, to the best knowledge of
the Trustor, by any other person) as a manufacturing site, dump site or storage site
(whether permanent or temporary) for any Hazardous Materials;
bo
The Trustor hereby agrees to indemnify the Beneficiary, its officers, employees,
contractors and agents, and hold the Beneficiary, its officers, employees,
contractors and agents harmless from and against any and all losses, liabilities,
damages, injuries, costs, expenses and claims of any and every kind whatsoever
paid, incurred or suffered by, or asserted against the Beneficiary, its officers,
employees, contractors or agents for, with respect to, or as a direct or indirect
result of, the presence or use, generation, storage, release, threatened release or
disposal of Hazardous Materials on or under the Property after the date hereof or
the escape, seepage, leakage, spillage, discharge, emission or release of any
Hazardous Materials from the Property after the date hereof (including, without
limitation, any losses, liabilities, damages, injuries, costs, expenses or claims
asserted or arising under CERCLA, any so-called "Superfund" or "Superlien"
11087~0016\714397.2 -8-
32.
law, or any other federal, state or local statute, law, ordinance, code, rule,
regulation, order or decree regulating, relating to or imposing liability or
standards of conduct concerning any Hazardous Materials), regardless of whether
or not caused by, or within the control of the Trustor;
Co
The Tmstor has not received any notice of: (i) the happening of any event
involving the use, spillage, discharge or cleanup of any Hazardous Materials
("Hazardous Discharge") affecting the Trustor or the Property; or (ii) any
complaint, order, citation or notice with regard to air emissions, water discharges,
noise emissions or any other environmental, health or safety matter affecting the
Trustor or the Property ("Environmental Complaint") from any person or entity,
including, without limitation, the United States Environmental Protection Agency
("EPA"). If the Trustor receives any such notice after the date hereof, then the
Trustor shall give, within seven (7) business days thereafter, oral and written
notice of same to the Beneficiary;
Without limitation of the Beneficiary's rights under this Deed of Trust, the
Beneficiary shall have the right, but not the obligation, to enter onto the Property
or to take such other actions as it deems necessary or advisable to clean up,
remove, resolve or minimize the impact of, or otherwise deal with, any such
Hazardous Materials or Hazardous Discharge upon its receipt of any notice from
any person or entity, including without limitation, the EPA, asserting the
existence of any Hazardous Materials or an Environmental Complaint on or
pertaining to the Property which, if true, could result in an order, suit or other
action against the Trustor affecting any part of the Property by any governmental
agency or otherwise which, in the sole opinion of the Beneficiary, could
jeopardize its security under this Deed of Trust. All reasonable costs and
expenses incurred by the Beneficiary in the exercise of any such rights shall be
secured by this Deed of Trust and shall be payable by the Trustor upon demand,
together with interest thereon at a rate equal to the highest rate payable under the
Note secured hereby;
The foregoing representations, covenants, indemnities and warranties shall be
continuing and shall be true and correct for the period from the date hereof to the
date of the full release and reconveyance of this Deed of Trust (whether by
payment of the indebtedness secured hereby or foreclosure or action in lieu
thereof), and these representations, covenants, indemnities and warranties shall
survive such release and reconveyance.
Prior to the repayment in full of the Note and the full release and reconveyance of this
Deed of Trust, the Trustor shall not assign or attempt to assign the Agreement or any
right therein, nor make any total or partial sale, transfer, conveyance or assignment of the
whole or any part of the Property, any improvements thereon, or any portion thereof or
interest therein, and the general partner of Trustor shall not assign, encumber or transfer
its partnership interest in Trustor, without the prior written consent of the Beneficiary,
which consent may be withheld in the sole and absolute discretion of the Beneficiary,
except as otherwise expressly permitted in the Agreement. In the event of a violation of
11087\0016\714397.2 -9-
33.
this Section, Beneficiary may declare the outstanding principal amount of the Note and
all other sums secured hereby to be due and payable immediately.
All expenses (including reasonable attorneys' fees and costs and allowances) incurred in
connection with an action to foreclose, or the exemise of any other remedy provided by
this Deed of Trust, including the curing of any Event of Default, shall be the
responsibility of the Trustor.
TRUSTOR
28500 PUJOL STREET, a California limited
partnership
By: Corporation for Better Housing, a
corporation, its General
Partner
By:
Name:
Title:
11087\0016\714397.2 - 10-
EXHIBIT A
LEGAL DESCRIPTION
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE,
CITY OF TEMECULA, DESCRIBED AS FOLLOWS:
11087~0001\714383.3 A-1
ORDER NO 10212831-9
EXHIBIT "A"
PARCEL 1:
THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT
TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF
WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED
RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, IN BLOCK
27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE 726
OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID
MAP;
THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPT THE NORTHWESTERLY 70 FEET.
ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE
SOUTHWESTERLY LINE OF RIVER STREET.
PARCEL 2:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF
THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
--4--
ORDER NO 10212831-9
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP;
THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
PARCEL 3:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF
THE FOLLOWING DESCRIBED PARCEL:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY
CORNER OF LOT 22, BLOCK 25 ON SAID;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
-5-
ORDER NO 10212831-9
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
2.
3.
4.
NO TAXES DUE
NO TAXES DUE
NO TAXES DUE
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75)
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT
AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT
MAPS OR NOTICES FILED BY SAID DISTRICTS.
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN
BY THE PUBLIC RECORDS.
THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT
EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO
CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS
INSTRUMENT NO. 92330, OFFICIAL RECORDS.
EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN
KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT
WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS
EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE,
BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY
7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS
OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY
OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE
IMMEDIATELY FOR FURTHER REVIEW.
-6-
ORDER NO 10212831-9
10.
WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE
EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER
MATTERS WHICH DO HOT SPECIFICALLY DESCRIBE SAID LAND, BUT
WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS
OR ENCUMBRANCES THEREON.
PARTIES:
ALL PARTIES TO THIS TRANSACTION
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO
COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS
ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED
BY NA/4E ONLY, AND HAVING A COMPLETED STATEMENT OF
INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF
CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN
FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE
ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND
WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.)
-7-
EXHIBIT H
FORM OF MEMORANDUM OF AGREEMENT
[A~ached.]
11087~0001W13019.3
H-1
Recording Requested By
and when recorded retum to:
Redevelopment Agency of
the City of Temecula
Post Office Box 9033
Temecula, California 92589-9033
Attention: City Clerk
Exempt from recording fees pursuant to Government Code Sec. 6103
MEMORANDUM OF DISPOSITION
AND DEVELOPMENT AGREEMENT
THIS MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT (this
"Memorandum") is dated as of ,2003, and is entered into between the
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA (also known as the City of
Temecula Redevelopment Agency), a public body corporate and politic (the "Agency") and
28500 PUJOL STREET, L,P,, a California limited partnership (the "Developer").
Recitals
A. On or about ., 2003, Agency and Developer entered into a Disposition
and Development Agreement ("DDA'), pursuant to which Agency conveyed to Developer the
property more described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property").
B. The DDA contains provisions which specify and restrict the development and use
of the Property and impose certain obligations on Developer with respect to the development and
use of the Property.
C. Agency and Developer desire to execute this Memorandum to provide
constructive notice to all third parties of the DDA.
NOW, THEREFORE, Agency and Developer mutually agree as follows:
1. DDA. The terms of the DDA are incorporated herein by reference.
2. Assignment. Except as expressly provided in the unrecorded DDA to the contrary,
Developer's rights and obligations under the DDA shall not be assigned without Agency's prior
written consent, which consent may be granted or withheld in Agency's sole and absolute
discretion, and any assignment without such consent shall be void.
11086\0111\717516.1 Old: 714386.2 / New: 714386.3
3. Successors and Assigns. This Memorandum and the DDA shall bind and inure to the
benefit of the parties hereto and their respective heirs, successors, and assigns, subject, however,
to the provisions of the DDA on assignment.
4. Governing Law. This Memorandum is govemed by California law.
5. Execution in Counterparts. This Memorandum may be executed in two or more
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
1N WITNESS WHEREOF, the undersigned have executed this Memorandum at
Temecula, California, as of the date first written above.
Developer:
28500 PUJOL STREET,
a Califomia limited partnership
By:
Corporation for Better Housing,
General Partner
By:.
Name:
Title:
REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA, a public body, corporate and
politic
By:.
Chairperson
Attest:
Secretary
11086\0111 \717516.1 Old: 714386.2 / New: 714386.3
-2-
Exhibit "A"
Legal Description
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE,
CITY OF TEMECULA, DESCRIBED AS FOLLOWS:
11086\0111\717516.1 Old: 714386.2 / New: 714386.3
A-1
ORDER NO 10212831-9
EXHIBIT "A"
PARCEL 1:
THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT
TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF
WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED
RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, IN BLOCK
27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE 726
OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID
MAP;
THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPT THE NORTHWESTERLY 70 FEET.
ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE
SOUTHWESTERLY LINE OF RIVER STREET.
PARCEL 2:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF
THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
--4--
ORDER NO 10212831-9
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP;
THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
PARCEL 3:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF
THE FOLLOWING DESCRIBED PARCEL:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY
CORNER OF LOT 22, BLOCK 25 ON SAID;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
-5-
ORDER NO 10212831-9
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
1. NO TAXES DUE
2. NO TAXES DUE
3. NO TAXES DUE
4.
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75)
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT
AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT
MAPS OR NOTICES FILED BY SAID DISTRICTS.
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN
BY THE PUBLIC RECORDS.
THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT
EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO
CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS
INSTRUMENT NO. 92330, OFFICIAL RECORDS.
7. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
8. AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN
KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT
WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS
EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE,
BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY
7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS
OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY
OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE
IMMEDIATELY FOR FURTHER REVIEW.
-6-
ORDER NO 10212831-9
10.
WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE
EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER
MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT
WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS
OR ENCUMBRANCES THEREON.
PARTIES:
ALL PARTIES TO THIS TRANSACTION
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO
COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS
ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED
BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF
INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF
CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN
FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE
ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND
WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.)
-7-
State of Califomia }
}
County of }
On ., 2003, before me, , a Notary Public,
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of California }
}
County of }
On ,2003, before me, ., a Notary
Public, personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
11086\0111\717516.1 Old: 714386.2 /New: 714386.3
State of Califomia }
}
County of }
On _, 2003, before me, ., a Notary
Public, personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of California }
County of }
On ,2003, before me, ., a Notary
Public, personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(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.
WITNESS my hand and official seal.
Signature
(seal)
11086\0111\717516.1 Old: 714386.2 /New: 714386.3
EXHIBIT I
FORM OF CERTIFICATE OF COMPLETION
[Attached.]
11087\0001\713019.3
I-1
Recording requested by, and
when recorded, return to:
Temecula Redevelopment Agency
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
Exempt from Recording Fees in accordance with Section 6103 of
the California Government Code
TEMECULAREDEVELOPMENT AGENCY
CERTIFICATE OF COMPLETION
WHEREAS, the TEMECULA REDEVELOPMENT AGENCY, a public body, corporate
and politic (the "Agency"), and 28500 PUJOL STREET, L.P., a California limited partnership
("Developer"), have entered into that certain Disposition and Development Agreement dated as of
,2003 (the "DDA"), concerning certain real property situated in the City of
Temecula, California, described in Exhibit A, which is attached hereto and incorporated herein by
this reference (the "Site"); and
WHEREAS, as contemplated by the DDA, the Agency is to furnish the Developer with a
Certificate of Completion upon the completion of construction of the improvements to be completed
by the Developer under the DDA, which Certificate of Completion is to be in such form as to permit
it to be recorded in the Official Records of Riverside County; and
WHEREAS, the Developer completed the construction of the improvements.
NOW, THEREFORE, THE AGENCY CERTIFIES AS FOLLOWS:
1. The Agency does hereby certify that the construction of the improvements has been
fully and satisfactorily performed and completed.
2. This Certificate shall not constitute evidence of compliance with or satisfaction of any
obligation of the Developer to any holder of a mortgage or any insurer of a mortgage, securing
money loaned to finance the improvements or any part thereof.
3. This Certificate is not a Certificate of Completion as referred to in Section 3093 of the
California Civil Code.
IN WITNESS WHEREOF, the Agency has executed this Certificate as of
., 200__.
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and politic
By:
Executive Director
11087X0001~715195.1
-2-
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On ,200 , before me,
Notary Public, personally appeared
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Seal
Signature of Notary Public
EXHIBIT A
LEGAL DESCRIPTION
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE,
CITY OF TEMECULA, DESCRIBED AS FOLLOWS:
11087~0001\714383.3 A-1
ORDER NO 10212831-9
EXHIBIT "A"
PARCEL 1:
THE NORTHWESTERLY 170 FEET OF THE NORTHWESTERLY HALF OF THAT
TRACT OF LAND, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, FORMERLY USED AS A RAILROAD RIGHT OF
WAY AND STATION GROUNDS OF THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD COMPANY, CONVEYED TO N. R. VAIL, ET AL, BY DEED
RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, IN BLOCK
27, AS SHOWN BY MAP OF TEMECULA ON FILE IN BOOK 15 PAGE 726
OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1 IN BLOCK 36 AS SHOWN BY SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, IN BLOCK 37, AS SHOWN ON SAID
MAP;
THENCE NORTHEASTERLY, IN A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22 IN BLOCK 25, AS SHOWN ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPT THE NORTHWESTERLY 70 FEET.
ALSO EXCEPT THE NORTHEASTERLY 125 FEET AS MEASURED FROM THE
SOUTHWESTERLY LINE OF RIVER STREET.
PARCEL 2:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 255 FEET OF
THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
--4--
ORDER NO 10212831-9
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY, ON A STRAIGHT LINE, TO THE MOST
WESTERLY CORNER OF LOT 22, BLOCK 25 AS SHOWN BY SAID MAP;
THENCE SOUTHEASTERLY, IN A STRAIGHT LINE TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
PARCEL 3:
THE LAND REFERRED TO IN
OF TEMECULA, COUNTY OF
IS DESCRIBED AS FOLLOWS:
THIS POLICY IS SITUATED IN THE CITY
RIVERSIDE, STATE OF CALIFORNIA, AND
THE SOUTHEASTERLY 85 FEET OF THE NORTHWESTERLY 340 FEET OF
THE FOLLOWING DESCRIBED PARCEL:
THE NORTHWESTERLY HALF OF THAT TRACT OF LAND FORMERLY USED
AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N. R. VAIL
ET AL BY DEED RECORDED JUNE 11, 1940 IN BOOK 464 PAGE 505 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID
NORTHWESTERLY HALF BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27,
AS SHOWN BY MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN ON SAID MAP;
THENCE NORTHWESTERLY, IN A STRAIGHT LINE, TO THE MOST
NORTHERLY CORNER OF LOT 10, BLOCK 37 AS SHOWN ON SAID MAP;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO THE MOST WESTERLY
CORNER OF LOT 22, BLOCK 25 ON SAID;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE, TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THOSE PORTIONS IN RIVER AND PUJOL
STREETS, AS SHOWN BY SAID MAP.
-5-
ORDER NO 10212831-9
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
2.
3.
4.
o
NO TAXES DUE
NO TAXES DUE
NO TAXES DUE
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75)
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT
AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT
MAPS OR NOTICES FILED BY SAID DISTRICTS.
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN
BY THE PUBLIC RECORDS.
THE TERMS, COVENANTS AND PROVISIONS OF THE INSTRUMENT
EXECUTED BY AND BETWEEN KACOR REALTY, INC. AND RANCHO
CALIFORNIA WATER DISTRICT, RECORDED MAY 7, 1979 AS
INSTRUMENT NO. 92330, OFFICIAL RECORDS.
EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
AN AGENCY AGREEMENT DATED MARCH 29, 1979 BY AND BETWEEN
KACOR REALTY INC. AND RANCHO CALIFORNIA WATER DISTRICT
WHEREIN IT IS AGREED THAT SAID DISTRICT IS DESIGNATED AS
EXCLUSIVE AGENCY FOR THE EXTRACTION, DIVERSION, STORAGE,
BLENDING AND DISTRIBUTION OF ALL LOCAL WATER, RECORDED MAY
7, 1979 AS INSTRUMENT NO. 92330 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS
OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY
OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE
IMMEDIATELY FOR FURTHER REVIEW.
-6-
ORDER NO 10212831-9
10.
WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE
EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER
MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT
WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS
OR ENCUMBRANCES THEREON.
PARTIES:
ALL PARTIES TO THIS TRANSACTION
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO
COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS
ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED
BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF
INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF
CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN
FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE
ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND
WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.)
-7-
KEYSER MARSTON
ASSOCIATES INC.
San Diego
Gerald M, Trimble
Paul C, Marra
To:
MEMORANDUM
Mr. John Meyer, AICP, Redevelopment Director
City of Temecula
From: KEYSER MARSTON ASSOCIATES, INC.
Date: December 30, 2002 Kate E.r~e
Subject: 28500 Pujol Street - Estimate of Re-Use Value Robert I. Wetraore
Los Angeles
Calvin E. Hollis, ll
Kathlecn H. Head
James A. Rabc
PaulC. Anderson
Gregory D, Soo-Hoo
A. Introduction
Keyser Marston Associates, Inc. (KMA) has been requested to review the proposed
development transaction between the Temecula Redevelopment Agency (Agency) and 28500
Pujol Street (Developer). The proposed transaction is detailed in the draft Disposition and
Development Agreement (DDA) dated December 27, 2002. The Developer intends to build a
65-unit senior apartment complex affordable to seniors at very Iow and Iow-income levels, and
one manager's unit (Project). The Project will be constructed on an approximate 2.2-net-acre
site (Site) on the east side of Pujol Street south of Sixth Street within the Pujol neighborhood
of Old Town Temecula. The Agency acquired the parcels that comprise the Site in October
1999. Under the terms of the DDA, the Agency will convey the Site to the Developer.
B. Summary of Findings
KMA's principal conclusions are summarized as follows:
· The estimated re-use value of the interest to be conveyed is negative $2,215,000.
· The estimated value of the compensation to be received by the Agency is negative
$1,829,000.
· The estimated fair market value at highest and best use is $660,000.
02529mm
To: Mr, John Meyer, AICP, Redevelopment Director December 30, 2002
Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 2
C. Background
The Riverside County Board of Supervisors adopted Redevelopment Project No. 88-1 in July
1988. The Project Area includes approximately 1,635 acres of land within four sub-areas, all
located west of Interstate 15. The Site lies within Sub-Area 2, which is generally situated
between First and Sixth Streets. The blighting conditions that were identified at the time of
plan adoption consisted of the following:
· Age, obsolescence, deterioration, mixed character, or shifting of uses.
· Subdividing and sale of lots of irregular form and shape, and inadequate size, for proper
usefulness and development.
· Existence of inadequate public improvements, public facilities, open spaces, and utilities,
which cannot be remedied by private or governmental action without redevelopment.
· The prevalence of depreciated values, impaired investments, and social and economic
maladjustments.
The Agency has been engaged in the development, rehabilitation, and preservation of
affordable housing since 1995. The Agency's affordable housing goals include:
· Increasing, improving, and preserving the supply of affordable housing;
· Upgrading the physical appearance of Redevelopment Project Area neighborhoods; and
· Establishing new standards for private development within the Redevelopment Project
Area neighborhoods.
Community Overview
Over the past several years, the Agency has been actively pursuing and achieving its
affordable housing goals. Itemized below are three examples of Agency assisted housing
projects.
In 1996, the Agency sponsored the rehabilitation of the 150-unit Rancho West Apartments
as an affordable housing project. More recently, the Agency assisted the Affirmed Housing
Group with the acquisition and rehabilitation of the Pujol and Sherwood Apartment
complexes, and construction of 38 new in-fill apartments to form the 76-unit Mission Village
Apartments. Opened in February 2000, Mission Village is located across from the subject
Site.
02529mm
To: Mr. John Meyer, AICP, Redevelopment Director
Subject: 28500 Pujol Street- Estimate of Re-Use Value
December 30, 2002
Page 3
Approved in February 2002, the Cottages of Old Town will consist of three rehabilitated
homes, and 14 new homes, along Sixth Street. This project will include four floor plans
ranging from 1,220 square feet (SF) to nearly 1,800 SF. This development is unique in
that it is set in an untested location for detached for-sale housing. The Cottages of Old
Town are being developed by the Affirmed Housing Group.
The Agency is preparing to sell a development site to Habitat for Humanity for the
development of six single-family houses on approximately one acre at the northwest corner
of Pujol Street and First Street. Each home will consist of approximately 1,900 SF, three
bedrooms, and an attached two-car garage.
Proposed Development
The Agency is proposing to partner with the Developer to establish an affordable senior
apartment complex. The Site is generally located on the east side of Pujol Street south of
Sixth Street, and lies just west of the Old Town commercial district. The entire Site consists of
approximately 96,000 SF. The surrounding area is characterized by open space and a mix of
commercial, industrial, and residential land uses.
As described in Table 1, the developer plans to construct 65 affordable senior apartments, and
one manager's unit, in a two-story, garden-style format. The proposed Project will be
comprised entirely of one-bedroom units averaging 580 SF. The Project will also include a
community room, swimming pool, and 47 parking spaces.
Based on the Project's proposed affordability restrictions, the Project is eligible to receive a
Density Incentive. The incentive allows affordable housing projects a density bonus up to a
maximum of 50% of the target density in the planning area. The Site falls within the
boundaries of the Old Town Specific Plan with a zoning and land use designation of High
Density Residential (HDR). The HDR designation allows for a maximum density of 13 to 20
units per acre. Assuming application of a density bonus, the Project is allowed an increase in
density to a range of 20 to 30 units per acre. The proposed Project has a density of 30 units
per acre.
D. Proposed Transaction Terms
This section summarizes the salient aspects of the proposed business terms contained in the
draft DDA.
The Agency will convey to the Developer fee simple title to the Site in an "as-is" condition
for $434,000. The Site was purchased by the Agency in October 1999. The Agency
acquired the Site at a cost of $434,000.
02529mm
To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002
Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 4
The Agency will contribute a total of $2,615,000 in the form of a construction loan. This
amount will be deposited with the Developer's construction lender simultaneous with the
issuance of the tax-exempt bonds. The construction lender will administer the
disbursement of all construction funds.
The Developer will construct 65 one-bedroom senior apartments that will be made
available to very Iow- and iow-income seniors, and one manager's unit. The income mix
will consist of 20% of the units rented at 50% of Area Median Income (AMI), and 80% of
the units rented at 60% AMI as required by the Low Income Housing Tax Credit (LIHTC)
program.
The Developer will receive a fixed developer overhead fee that will not exceed 15% of
eligible development costs (eligible basis). The Developer agrees to defer 30% of this fee
and apply it as a funding source for the Project.
The Project will remain affordable for a term of 55 years. The Developer will not transfer
its fee simple interest in the Project until this term expires.
Commencing with Certificate of Occupancy, the Agency's loan will bear a compounding
annual interest rate of 3.0%. The Developer agrees to pay to the Agency 50% of the
residual receipts (as defined in the DDA) toward repayment of the $2,615,000 in Agency
assistance. Any unpaid pri.ncipal and accrued interest will become due and payable at the
end of the 55-year affordability term.
Table 2 presents KMA's estimate of Agency compensation from the Project's annual cash
flow. As indicated in Table 2, the Agency shall receive 50% of the Project's annual cash flow
with the outstanding loan balance to be paid from the Project's net sales proceeds, to the
extent available. Based on a discount rate of 8.0%, this revenue stream is estimated to have
a net present value of approximately $352,000.
Conclusion
Under the terms of the DDA, KMA estimates that the effective compensation to the Agency is
negative $1,829,000, estimated as follows:
Total Agency Assistance
Add: Land Purchase Price
Add: NPV of Residual Receipts to Agency
Net Effective Compensation to Agency
($2,615,000)
$434,O0O
$352,OO0
($1,829,000)
02529mm
To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002
Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 5
E, Estimate of Fair Re-use Value
Re-use value is defined as the highest price in terms of cash or its equivalent which a property
or development right is expected to bring for a specified use in a competitive open market,
subject to the covenants, conditions, and restrictions imposed by the DDA.
There are two fundamental approaches to establish re-use value:
The first is an analysis based on the sale of comparable properties or development rights.
When comparable transactions exist and when relatively few adjustments are required to
adjust the comparables to the subject, the approach based on comparable transactions
can yield the most reliable indicator of value.
The second method is an analysis based on the anticipated income characteristics for a
specific project. Often the income approach, also termed the residual value approach,
proves more useful than the comparable sales approach due to the unique market setting,
project characteristics, and specific requirements of the Agency which make the approach
based on comparable transactions difficult or unfeasible to implement.
With this approach, the residual value is established as the amount that a developer can
feasibly afford to pay for a property or development dght, alter taking into account the
development costs funded by the developer, the quantity and quality of the income stream
from the project, and the market-based return on invested capital.
Comparable Sales Approach
KMA reviewed recent residential land sales in the City of Temecula and Riverside County. A
review of comparable transactions suggests that they are of minimal relevance in establishing
fair re-use value for the Site due to the extensive adjustments of the comparables that would
be required. The factors that would require adjustment in establishing comparability include
the following:
· The Project will receive tax-exempt bond financing and tax credits. Both of these sources
impose specific covenants and restrictions.
· Based on the proposed affordability restrictions, the Project is entitled to receive a density
bonus of up to 50% of the target density in the planning area.
· The Project will be restricted to very Iow and Iow-income households for 55 years.
· The Project will be restricted to persons 55 years of age or older.
0252gram
To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002
Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 6
Therefore, the comparable sales approach is not deemed relevant to this analysis.
Residual Value Approach
KMA solved for residual value based on the terms of the DDA, absent any contribution of
Agency subsidy. Tables 3 to 5 present KMA's residual value analysis for the proposed
Project.
Development Costs
Table 3 summarizes development costs for the Project. KMA has reviewed the Developer's
cost estimates and evaluated them in comparison to similar residential projects in Southern
California with which we are familiar. Based on this review, KMA finds the cost estimates, as
described below, to be reasonable,
Total development costs for the Project are $5,878,000, or $122 per SF of gross building area
(GBA), which equates to about $89,000 per dwelling unit. Total development costs consist of
the following:
· Direct construction costs, such as site work, shell construction, and contractor fee costs.
The total direct costs are estimated to be $4,087,000, or $85 per SF GBA,
Indirect costs, such as amhitecture, engineering, public permits and fees, legal and
accounting, taxes and insurance, developer fee, marketing, and contingency. These are
estimated to be $1,301,000, or 31.8% of direct costs.
Financing costs, including interest during construction, loan fees, TCAC/syndication costs,
and operating/lease-up reserves. These costs are estimated to total $490,000, or 12.4%
of direct costs.
Net Operating Income
Table 4 presents an estimate of Net Operating Income (NOI) for the Project. As presented in
the table, Gross Scheduled Income (GSI) for the newly constructed apartment complex is
projected to be $385,000. This revenue projection includes the following:
Monthly maximum rents for the units restricted at 50% of AMI have been set at $414
(2002). Monthly maximum rents for units restricted at 60% AMI have been set at $500
(2002). These rents reflect an allowance for utilities as provided by the Housing Authority
of the County of Riverside. Based on these assumptions, total rental income amounts to
$377,000 annually.
02529mm
To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002
Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 7
· Additional income of $10 per unit.
· A vacancy factor of 5.0%.
· Total expenses have been estimated at $3,000 per unit per year. These consist of
operating expenses and replacement reserves. The Project will be exempt from property
taxes.
Based on these assumptions, NOI for the proposed Project at stabilization is estimated at
$167,000.
Residual Land Value
Table 5 presents KMA's estimate of residual land value. The residual land value can be
estimated as the difference between total available funding sources and total development
costs. KMA estimates total available funding sources of $3,663,000, comprised of the
following:
· A tax-exempt bond in the approximate amount of $1,970,000 issued by the California
Statewide Communities Development Authority.
· An estimated equity investment from the tax credits of $1,479,000.
· Deferral of a portion of the developer fee, in the amount of $214,000.
The comparison of total funding soumes ($3,663,000) and total development costs
($5,878,000) yields a residual land value of negative $2,215,000.
Conclusion
Based on the foregoing analysis, KMA concludes that the fair re-use value of the Site is
negative $2,215,000.
F. Fair Market Value at Highest and Best Use
Section 33433 of Califomia Redevelopment Law requires that prior to selling or leasing real
property, redevelopment agencies estimate the fair market value of the interest to be
conveyed at its highest and best (most profitable) use.
Typically, the analysis of the fair market value at highest and best use does not consider the
specific Agency/Developer transaction or development concept, but rather the most profitable
02529mm
To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002
Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 8
use that is consistent with the Redevelopment Plan or other governing land use regulations.
The purpose of the analysis is to estimate the maximum compensation that the Agency could
achieve if it were to offer the subject property or development right on the open market.
The highest and best use of the Site is the use that generates the highest property value. By
definition, the highest and best use is that use which is physically possible, financially feasible,
and legally permitted. The Old Town Temecula Specific Plan (1994) governs the zoning and
land uses for the Site. The subject Site lies within the zoning and land use designations of
HDR - High Density Residential, The HDR designation allows for a maximum of 13 to 20
dwelling units per acre, and is intended to provide for the development of attached residential
units, such as townhouses, condominiums, and conventional and garden apartments.
Based on these considerations, KMA finds that the highest and best use of the Site is garden-
style apartments. This use is consistent with the current zoning and land use designations, as
well as the existing character of Pujol Street. Based on KMA's experience with similar
development and review of multi-family land sales in the Temecula Valley, KMA concludes
that the Site, if offered on the open market, could yield values, on average, of approximately
$15,000 per achievable dwelling unit. Given the maximum allowable density on the Site of 20
units per acre, this translates to a land value of approximately $7 per SF, or say, $660,000.
Conclusion
On this basis, then, KMA concludes that the highest and best use of the Site is multi-family
housing. Therefore, the fair market value of the Site at its highest and best use is $660,000.
G. Limiting Conditions
The estimates of re-use value and fair market value at the highest and best use contained in
this memorandum assume compliance with the following assumptions:
1. There are no soil or subsoil problems, including toxic or hazardous conditions, on the Site
that need to be remediated in order to develop the Site.
2. The ultimate development will not vary significantly from that assumed in this Re-Use
Analysis.
3. The title of the property is good and marketable; no title search has been made, nor have
we attempted to determine the ownership of the property. The value estimates are given
without regard to any questions of title, boundaries, encumbrances, liens or
encroachments. It is assumed that all assessments, if any, are paid.
4. The Site will be in conformance with the applicable zoning and building ordinances.
02529turn
To: Mr. John Meyer, AICP, Redevelopment Director December 30, 2002
Subject: 28500 Pujol Street- Estimate of Re-Use Value Page 9
Information provided by such local sources as governmental agencies, financial
institutions, realtors, buyers, sellers, and others was considered in light of its source, and
checked by secondary means.
6. Neither the local nor national economy will experience a major recession. If an unforeseen
change occurs in the economy, the conclusions contained herein may no longer be valid.
7. The Project will adhere to the schedule of performance described in the DDA.
8. Both parties are well informed and well advised and each is acting prudently in what
he/she considers his/her own best interest.
attachments
02529mm
SUMMARY REPORT
PERTAINING TO THE SALE OF REAL PROPERTY
(California Community Redevelopment Law Section 33433)
PURSUANT TO A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT
Between:
TEMECULA REDEVELOPMENT AGENCY
And:
28500 PUJOL STREET
Prepared by:
KEYSER MARSTON ASSOCIATES, INC.
For:
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
Date:
December 30, 2002
SUMMARY REPORT
PERTAINING TO THE PROPOSED SALE OF REAL PROPERTY
I. INTRODUCTION
The Temecula Redevelopment Agency (Agency) is considering the sale of real property
to 28500 Pujol Street (Developer) pursuant to a Disposition and Development
Agreement (DDA) between the Agency and the Developer.
This Summary Report is prepared in accordance with Section 33433 of the California
Community Redevelopment Law. This summary consists of six additional sections, as
follows:
· Section II, Description of the Proposed Project
· Section III, Estimated Costs to be Incurred by the Agency under the Proposed DDA.
· Section IV, Estimated Value of the Agency Property at the Highest and Best Use.
· Section V, Estimated Fair Re-Use Value of the Interest to be Conveyed.
· Section VI, Purchase Price the Developer will be Required to Pay.
· Section VII, Explanation Why the Sale of the Property will Assist in Elimination of
Blight.
Summary Report Pertaining to the Proposed Sale of Real Property December 30, 2002
28500 Pujol Street Page 1
02528rnrn
II. DESCRIPTION OF THE PROPOSED PROJECT
A. Proposed Transaction
The Developer intends to construct a 65-unit senior apartment complex affordable to
seniors at very-low and Iow-income levels, and one manager's unit (Project). The
Project will be constructed on an approximately 2,2-net-acre site on the east side of
Pujol Street south of Sixth Street, within the Pujol neighborhood of Old Town Temecula.
The Agency proposes to convey the entire Site to the Developer as part of the
agreement between the Agency and the Developer,
The proposed transaction is detailed in the draft Disposition and Development
Agreement (DDA) dated December 27, 2002. The DDA governs the relationship
between the Agency and the Developer with respect to the proposed development of the
Site, the schedule of performance, and the method of financing. Key terms of the DDA
are summarized below,
B. Agency Responsibilities
The Agency will convey to the Developer, fee simple title to the Site in an "as-is"
condition for $434,000. The Site was purchased by the Agency in October 1999.
The Agency acquired the Site at a cost of $434,000.
The Agency will contribute a total of $2,615,000 in the form of a construction loan.
The Agency's contribution will be deposited with the Developer's construction lender
simultaneous with the issuance of tax-exempt bonds. The construction lender will
administer the disbursement of all construction funds.
C. Developer Responsibilities
The Developer will construct 65 one-bedroom senior apartments that will be made
available to very Iow- and Iow-income seniors, and one manager's unit. The income
mix will consist of 20% of the units rented at 50% of Area Median Income (AMI), and
80% of the units rented at 60% AMI.
· The Developer will receive a fixed developer overhead fee that will not exceed 15%
of eligible development costs (eligible basis).
· The Project will remain affordable for a term of 55 years. The Developer will not
transfer its fee simple interest in the Project until this term expires.
Summary Report Pertaining to the Proposed Sale of Real Property December 30, 2002
28500 Pujol Street Page 2
02528rnm
· The Developer agrees to defer 30% of this fee and apply it toward funding of the
proposed Project.
Commencing with Certificate of Occupancy, the Agency loan will bear a
compounding annual interest rate of 3.0%, The Developer agrees to pay to the
Agency 50% of the residual receipts (as defined in the DDA) toward repayment of
the $2,615,000 in Agency assistance, Any unpaid principal and accrued interest will
become due and payable at the end of the 55-year affordability term.
Summary Report Pertaining to the Proposed Sale of Real Property December 30, 2002
28500 Pujol Street Page 3
02528rnrn
ill. ESTIMATED COST TO BE INCURRED BY THE AGENCY UNDER THE
PROPOSED AGREEMENT
Costs to the Agency related directly to development of the Site are as follows:
Additional Agency Assistance
Miscellaneous/Other Consultants (1)
Total Agency Costs
$2,615,000
$26,000
$2,641,000
(1) Estimated costs to the Agency for legal and economic consultants.
Summary Report Pertaining to the Proposed Sale of Real Property December 30, 2002
28500 Pujol Street Page 4
02528mm
IV. ESTIMATED VALUE OF THE SITE AT THE HIGHEST AND BEST USE
This section presents an analysis of the fair market value of the Site at the highest and
best use of the property. In appraisal terminology, the highest and best use is that use
of the property, which generates the highest property value and is physically possible,
financially feasible, and legally permitted. Therefore, value at highest and best use is
based solely on the value created and not on whether or not that use carries out the
redevelopment goals of the City of Temecula.
The Old Town Temecula Specific Plan (1994) governs the zoning and land uses for the
Site. The Agency Property lies within the zoning and land use designations of HDR -
High Density Residential.
The HDR designation allows for 13 to 20 dwelling units per acre, and is intended to
provide for the development of attached residential units, such as townhouses,
condominiums, and conventional apartments.
Based on these considerations, KMA finds that the highest and best use of the Agency
Property is multi-family housing. This use is consistent with the current zoning and land
use designations, as well as the existing character of Pujol Street. Based on KMA's
experience with similar developments and review of multi-family land sales in the
Temecula Valley, KMA concludes that the Site, if offered on the open market could yield
values averaging $15,000 per dwelling unit. Given the allowable densities on the
property, this translates to a land value of approximately $7 per SF, or say $660,000.
Summary Report Pertaining to the Proposed Sale of Real Properly December 30, 2002
28500 Pujol Street Page 5
02528rnm
V. ESTIMATED FAIR RE-USE VALUE OF THE INTEREST TO BE CONVEYED
This section presents an analysis of the fair re-use value of the interest to be conveyed
to the Developer subject to conditions, covenants, and restrictions contained in the
proposed DDA. In estimating the fair re-use value ofthe Site, KMA has reviewed the
requirements that set specific conditions with respect to scope of development, the
schedule of performance, and method of financing.
It is the KMA conclusion that analysis of comparable transactions does not provide a
useful or valid approach for valuating this development opportunity due to extensive
adjustments that would be required in respect to the strength of the development
opportunity, specific affordability covenants and restrictions, and other factors.
Therefore, reliance has been placed upon the income, or the residual land value
approach, which is a recognized method for valuing real property.
Analysis of the development economics of the Site, reported separately to the Agency by
KMA, indicates that pursuant to the terms and conditions under which the Agency
Property will be conveyed, the fair reuse value of the Agency Property is estimated to be
negative $2,215,000.
Summary Report Pertaining to the Proposed Sale of Real Property December 30, 2002
28500 Pujol Street Page 6
02528mm
VI. PURCHASE PRICE WHICH THE DEVELOPER WILL BE REQUIRED TO PAY
Under California Community Redevelopment Law, the Agency is obligated to publicly
disclose information sufficient for a comparison of the pumhase price contained in the
proposed DDA with the estimated fair re-use value.
The Agency will convey the Agency Property to the Developer for a purchase price of
$434,000. The Agency will provide $2,615,000 in financial assistance to the Project.
The Agency is entitled to participate in 50% of residual receipts as repayment toward the
Agency's assistance. Based on a discount rate of 8.0%, this revenue stream is
estimated to have a net present value of approximately $352,000.
On this basis, then, KMA concludes that the effective compensation to the Agency is
negative $1,829,000, as summarized below:
Total Agency Assistance
Add: Land Purchase Price
Add: NPV of Residual Receipts to Agency
Net Effective Compensation to Agency
($2,615,000)
$434,000
$352,000
($1,829,000)
Summery Report Pertaining ~o the Proposed Sale of Reel Property December,30, 2002
28500 Pujol Street Page 7
02528mm
VII. EXPLANATION WHY SALE OF THE PROPERTY WILL ASSIST IN THE
ELIMINATION OF BLIGHT
The Project Area is characterized by an array of blighting factors, including:
· The age, obsolescence, deterioration, mixed character, or shifting uses of existing
buildings.
· The subdividing and sale of lots of irregular form and shape, and inadequate size, for
proper usefulness and development.
· A prevalence of depreciated values and impaired investments.
· The defective design in character or physical condition of existing buildings.
Not all of these conditions are present throughout the Project Area. The Agency's
redevelopment efforts have helped to alleviate blighting conditions in the Project Area,
However, many of these conditions are still apparent in the area surrounding the subject
Site. Implementation of the proposed development can be expected to assist in the
alleviation of blighting conditions through the following:
· Consolidation of irregular parcels into a site appropriate for development.
· Elimination of conditions of economic dislocation such as fragmented ownership
patterns.
· Installation of new public improvements and community amenities.
· Creation of housing opportunities for very-low and Iow-income residents.
Summary Report Pertaining to the Proposed Sale of Real Property December 30. 2002
28500 Pujol Street Page 8
02528mm
TABLE1
PROJECT DESCRIPTION
CBH SENIOR APARTMENTSIPUJOL STREET SITE
CITY OF TEMECULA
I. Site Area (1)
II. Gross Building Area
Residential Ama
Community Room
Common Areas
Total Gross Building Area
III. Number of Units
One Bedroom
Manager's Unit
Total Number of Units
IV. Average Unit Size
V. Density
VI. Parking
Total Parking - Surface
Parking Ratio
2.2 Acres
95,832 SF
38,280 SF 79%
1,200 SF 2%
8,8O4 SF 18%
48,284 SF 100%
65 Units
I Units
66 Units
580 SF
30 Units/Acm
47 Spaces
0.7 Spaces/Unit
(1) Net site area, per Agency staff.
Prepared by: Keyser Marston Associates, Inc.
ooo~
TABLE 3
DEVELOPMENT COSTS
CDH SENIOR APARTMENTS/PUJOL STREET SITE
CITY OF TEMECULA
Development Costs Totals Per Unit
I. Direct Costs (1)
Off-Site Costs $35,000 $530
On-Site Costs(2) $287,000 $4,348
Parking/Landscaping $192,000 $2,909
Shell Construction $2,825,000 $42,803
Sprinklers $90,000 $1,364
Community Room $84,000 $1,273
FF&E $25,000 $379
General Conditions/Contractor Fee $354,000 $5,364
Contingency $195.000 $2.955
Subtotal Direct Costs $4,087,000 $61,924
II. Indirect Costs
Architecture & Engineering $225,000 $3,409
Permits & Fees $148,894 $2,256
Legal & Accounting $57,500 $871
Taxes & Insurance $82,000 $1,242
Developer Fee $714,000 $10,818
Marketing/Lease-Up $30,000 $455
Contingency $44,000 $667
Subtotal Indirect Costs $1,301,394 $19,718
III. Financing Costs
Loan Fees $241,000 $3,652
Interest During Construction $152,000 $2,303
TCAC/Syndication Costs $45,000 $682
Operating/Lease-Up Reserves $31,891 $483
Miscellaneous/Consultants $20,000 $303
Subtotal Financing Costs $489,891 $7,423
IV. Total Development Costs $5,878,285 $89,065
Or Say (Rounded) $5,878,000
Comments
$0.37 Per SF Site Area
$3 Per SF Site Area
$2 Per SF Site Area
$60 Per SF GBA-Res./Comm.
$2 Per SF GBA-Res./Comm.
$70 Per SF GBA- Comm. Room
$1 Per SF GBA
10.0% of Above Directs
5.0% of Above Directs
$85 Per SF GBA
5.5% of Directs
$3 Per SF GBA
1.4% of Directs
2.0% of Directs
18.0% of Directs
Allowance
3.5% of Above Indirects
31.8% of Directs
See Worksheet A
See Worksheet A
1.1% of Directs
0.8% of Directs
0.5% of Directs
12.4% of Directs
$122 PerSF GBA
(1) Does not reflect payment of prevailing wages.
(2) Includes liquefaction and grading.
Prepared by: Keyser Marston Associates, inc.
Filename: i:Ternecula\Pujol St Site_devil-7-02;12/30/2002;4:14 PM;wcl
WORKSHEET A TO TABLE 3
FINANCING COSTS
CBH SENIOR APARTMENTS/PUJOL STREET SITE
CITY OF TEMECULA
I. Interest During Construction
Eligible Basis
Add: Land
Aggregate Basis
Minimum Required Tax-Exempt Bond @
Proposed Tax-Exempt Bond @
B, Loan Amount
Interest Rate
Term (Months)
Average Balance Out
Interest During Construction
II. Interest Earnings During Construction
Loan Amount
Average Balance Invested
Interest Rate
Term (Months)
Interest Eamings During Construction
Interest Paid During Construction
(Less) Interest Earnings
Net Interest Dudng Construction
III. Loan Fees
Loan Amount
Loan Points
Loan Fees
50.0%
55.0%
$5,475,109
$5,475,109
$2,738,000
$3,011,000
$3,011,000
6.25%
12
100.0%
$188,000
$3,011,000
40.0%
3.0%
12
$36,000
$188,000
($36,000)
$152,000
$3,011,000
8.0
$241,000
Prepared by: Keyser Marston Associates, Inc.
Fi[ename i:Temecula\Pujot St Site_devil-7-02;12/30/2002;4:14 PM;wcl
TABLE 4
NET OPERATING INCOME
CBH SENIOR APARTMENTS/PUJOL STREET SITE
CITY OF TEMECULA
Net Operatlnq Income
I. Gross Scheduled Income
One Bedroom @ 50%
One Bedroom (~ 60%
Manager's Unit
Total/Average
Add: Other Income
Gross Scheduled Income (GSI)
II. Effective Gross Income
(Less) Vacancy
Effective Gross Income (EGI)
III. Expenses
(Less) Operating Expenses
(Less) Replacement Reserves
(Less) Property Taxes(2)
Total Operating Expenses
IV. Total Net Operating Income
Average # of Monthly Annual
Unit Size Units Rent (1) RenUSF GSI
580 13 $414 $0.71 $64,627
580 52 $500 $0.86 $312,000
580 ! $0 $o.oo $o
580 66 $476 $0.82 $376,627
$10 /UniFMonth $8,000
$384,627
5.0% of GSI ($19.231)
$365,396
$2,800 /Unit ($184,800)
$200 /Unit ($13,200)
$0 /Unit $0
$3,000 /Unit ($198,000)
54.2% of EGI
$167,396
(1) Based on 2002 TCAC maximum rents for Riverside County, less utility allowance as calculated by the Housing
Authority of the County of Riverside. Utility allowance is assumed to total $63, consisting of gas space heating
($21); gas cooking ($3); electric lighting ($20); gas water heating ($9); and electdc air conditioning ($10),
(2) Project assumed to be exempt fi'om 1% property tax.
Prepared by: Keyser Marston Associates, Inc.
Filename: i:Ternecula\Pujol St Site_devil-7-02;12/30/2002;4:14 PM;wcl
TABLE 5
RESIDUAL LAND VALUE
CBH SENIOR APARTMENTS/PUJOL STREET SITE
CITY OF TEMECULA
I. Sources of Funds
Supportable Debt (1)
Market Value of Tax Credits (2)
Deferred Developer Fee(3)
I1. Total Warranted Investment
(Less) Development Costs
IlL Residual Land Value
Total
$1,970,000
$1,479,000
5214,000
$3,663,000
(55,878.0001
($2,215,000)
Per Unit
$29,848
$22,409
53,242
$55,500
($89.0611
(S33,561)
(1) SuDDortable Debt
NOI
Interest Rate
Term
Debt Coverage
Annual Debt Service
Supportable Debt
(2) Low Income Housino Tax Credits
Threshold Basis Limits
One Bedroom 65 Units ~ $101,810
Two Bedroom 0 Units @ $122,785
Subtotal Threshold Basis Limit
Estimate of Elioible Basis
Total Development Costs
(Less) Ineligible Costs
Eligible Basis
Maximum Eligible Basis
Tax Credit Qualified Units
Impacted Bonus Factor
* Tax Credit Rate
Total Tax Credits
Limited Partner Share
Present Market Value
· KMA tax c~edit rate based On November 2002 Novogradac rate.
(3) Est[mate of Deferred Develoeer Fee
Eligible Basis
(Less) Developer Fee
Unadjusted Eligible Basis
Total Developer Overhead Fee
Maximum Developer Overhead Fee
Devetaper Overhead Fee
Portion Deferred
Total Deferred Developer Overhead Fee
100.0%
100.0%
3.38%
10
99.9%
80.0%
15.0%
$167,396
6.25%
30
1.15
$145,561
$1,970,000
$6,617,650
$6,617,650
$5,878,00O
($402,891)
$5,475,109
$5,475,109
$5,475,109
$5,475,109
$185,059
$1,850,587
$1,848,736
$1,479,000
$5,475,109
($714,000)
$4,761,109
$714,000
$1,200,000
$714,000
30.0%
$214.000
Prepared by: Keyser Marston Associates, inc.
Filename: i:Temecula\Pujol St Site_devl 1-7-02;12/30/2002;4:14 PM;wcl
ITEM 13
CITY ATTORNEY
DIRECTOR OF FINANCE
CitY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City Manager/City Council
,'~A~illiam G. Hughes, Director of Public Works/City Engineer
January 14, 2003
Introduction of the Western Riverside County Transportation Uniform
Mitigation Fee Program Ordinance
PREPARED BY: Beryl Yasinosky, Management Analyst
RECOMMENDATION: That the City Council:
1. Introduce and read by title only an Ordinance entitled:
ORDINANCE NO, 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING PARTICIPATION IN THE WESTERN
RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION
FEE PROGRAM AND ADDING CHAPTER 15.08 TO THE
TEMECULA MUNICIPAL CODE
BACKGROUND: Western Riverside County is growing at a pace exceeding the financial
resources to meet increasing demand for transportation infrastructure. With the population of
this region expected to double in the next 25 years, this challenge is especially critical for
regional arterial roadways since traditional sources of transportation funding (such as the
gasoline tax and local general funds) will not be sufficient to fund the needed improvements.
While local development fee programs and county funding sources (i.e., Measure A funds) exist
to mitigate the impacts of new development on the transportation system in specific areas, only
a small portion of these revenues are for regional arterial roadway improvements.
The Western Riverside Cities, as members of the Western Riverside Council of Governments
(WRCOG), have participated in the development of a plan to establish a new comprehensive
funding source for regional transportation improvements known as the Transportation Uniform
Mitigation Fee (TUMF). Based upon a Nexus Study, developed by Parsons Brinckerhoff Quade
& Douglas, Inc. for WRCOG, the total cost of improving the TUMF system is estimated at $3.24
bi,ion. Existing funding obligated for improvements to the TUMF system, including the
improvements generated by existing development, represent approximately $435 million of the
total cost. The balance of the unfunded TUMF system improvement needs (approximately
R:\agdrpt\2003\011403\TUMF.flrstread
1
$2.81 billion) is attributable to the mitigation of future development and will be captured through
the TUMF program.
Based on the Nexus Study, the proposed TUMF Ordinance establishes a fee of $6,650 per
Single Family Residential Unit and $4,607 per Multi-Family Residential Unit. For non-residential
development, the TUMF provides two methods to apply the fee, per square foot of gross floor
area or a fee per acre. To remain consistent with our existing mitigation fee programs for non-
residential development, the City of Temecula proposes to establish a fee based on the square
footage of gross floor area of the non-residential project, or $1.45 per square foot for Industrial
Projects; $7.81 per square foot for Retail Commercial Projects; and $4.84 per square foot for
Service Commercial Projects.
For residential construction, the fees are proposed to take effect beginning on March 31, 2003.
For non-residential uses, the fees will be phased in over a two-year period beginning July 1,
2004, reaching 100% of the applicable fees beginning July 1, 2006. The respective fees
allocable to future new residential and non-residential development in the City of Temecula are
summarized in the following tables:
TRANSPORTATION UNIFORM MITIGATION FEE (TUMF)
FOR THE CITY OF TEMECULA
FEE PER DWELLING UNIT
RESIDENTIAL SECTOR
Single-Family Residential $6,650
Multi-Family Residential $4,607
FEE PER SQUARE FEE PER SQUARE FEE PER SQUARE
NON-RESIDENTIAL FOOT OF GROSS FOOT OF GROSS FOOT OF GROSS
SECTOR FLOOR AREA FLOOR AREA FLOOR AREA
(100% of TUMF)
7/1/04 - 6130/05 7/1/05 - 6/30106 7/1/06
Industrial $0.48 $0.96 $1.45
Retail $2.60 $5.20 $7.81
Service $1.61 $3.23 $4.84
As proposed, all the Western Riverside Cities and the County of Riverside must adopt the
uniform fees so that the regional transportation improvements identified in the Nexus Study can
be financed and constructed. The Riverside County Board of Supervisors formally adopted the
County's TUMF Ordinance on December 10, 2002 and the Western Riverside Cities are
expected to follow through with their own ordinances. Cities that do not take the appropriate
steps to implement the fees will lose their Measure A allocation as set forth in the new Measure
A program.
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2
The TUMF program is intended to provide a new revenue source that ensures future
development will contribute toward addressing the impacts of new growth on the regional
transportation infrastructure. These funds will be used to construct transportation improvements
such as arterial highway lanes, freeway interchanges, railroad grade separations and new
regional express bus services that will be needed to accommodate future travel demand in
Western Riverside County. The City is currently updating its Development Impact Fees (DIF) to
avoid any duplication of fees associated with the City's DIF program and the proposed TUMF
program.
Staff has reviewed the proposed Ordinance for compliance with the California Environmental
Quality Act (CEQA). The proposed TUMF program improvements represent components of the
adopted General Plan that have already received the appropriate review when the project was
approved. Based upon this review, staff is recommending that the Council make a finding that
the project is exempt from further review pursuant to CEQA Guideline Sections 15162(a) and
15061(b)(3). Section 15162 states that when an EIR has been certified for a project, no
additional environmental review is required. The Final EIR for the City General Plan was
certified on November 9, 1993. Furthermore, specific projects covered by this program will
receive environmental review prior to their commencement.
FISCAL IMPACT:
None.
ATTACHMENTS:
Ordinance No. 03-
R:\agdrpt~003\011403~TUMF.firstread
3
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING PARTICIPATION IN THE WESTERN
RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION
FEE PROGRAM AND ADDING CHAPTER 15.08 TO THE
TEMECULA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1: Title This Ordinance shall be known as the "Western Riverside County
Transportation Uniform Mitigation Fee Program Ordinance" and shall be added as Chapter
15.08 of the Temecula Municipal Code.
Section 2: Findings
The City Council of the City of Temecula hereby finds and declares:
A. The Board of Supervisors has been informed and advised, and has found, that
future development within Western Riverside County and the cities therein will result in traffic
volumes exceeding the capacity of the Regional System of Highways and Arterials (the
"Regional System") as they presently exist. A map depicting the boundaries of Western
Riverside County and the Regional System is attached hereto as Exhibit "A" and made a part
hereof.
B. The Board of Supervisors has been further informed and advised, and has found,
that if the capacity of the Regional System is not enlarged, the result will be substantial traffic
congestion in alt parts of Western Riverside County, with unacceptable Levels of Service
throughout Western Riverside County by 2025.
C. The Board of Supervisors has been further advised, and has found, that funds
will be inadequate to fund construction of the Regional System needed to avoid unacceptable
levels of traffic congestion and related adverse impacts. Absent a Transportation Uniform
Mitigation Fee (TUMF), existing and known future funding sources will be inadequate to provide
the necessary improvements to the Regional System, resulting in an unacceptably high level of
traffic congestion with and around the City and within Western Riverside County.
D. The County is a Member Agency of the Western Riverside Council of
Governments (WRCOG), a joint powers agency consisting of the County of Riverside, and
fourteen other cities situated in Western Riverside County. Acting in concert, the Member
Agencies of WRCOG developed a plan whereby the shortfall in funds needed to enlarge the
capacity of the Regional System could be made up in part by a Transportation Uniform
Mitigation Fee on future residential, commercial and industrial development. As a Member
Agency of WRCOG, the County participated in preparation of that certain "Western Riverside
County Transportation Uniform Mitigation Fee Nexus Study", dated October 18, 2002, and
prepared pursuant to Government Code Section 66000 et. seq., the Mitigation Fee Act (the
"Nexus Study").
E. The Board of Supervisors has reviewed the Nexus Study, and has found that
future development within the County of Riverside and the cities will substantially adversely
R:\agdrpt\2003\011403\TUMF.flrstread
4
affect the Regional System, and that unless such development contributes to the cost of
improving the Regional System, the System will operate at unacceptable Levels of Service.
F. The Board of Supervisors has found and determined that the failure to mitigate
growing traffic impacts on the Regional System within Western Riverside County will
substantially impair the ability of public safety services (police and fire) to respond. The failure
to mitigate impacts on the Regional System will adversely affect the public health, safety and
welfare.
G. The Board of Supervisors has found and determ'ined that there is a reasonable
and rational relationship between the use of the TUMF and the type of development projects on
which the fees are imposed because the fees will be used to construct the transportation
improvements that are necessary for the safety, health and welfare of the residential and non-
residential users of the development projects on which the TUMF will be levied.
H. The Board of Supervisors has found and determined that there is a reasonable
and rational relationship between the need for the improvements to the Regional System and
the type of development projects on which the TUMF is imposed because it will be necessary
for the residential and non-residential users of such projects to have access to the Regional
System. Such development will benefit from the Regional System improvements and the
burden of such development will be mitigated in part by the payment of the TUMF.
I. The Board of Supervisors has found and determined that the cost estimates set
forth in the Nexus Study are reasonable cost estimates for constructing the Regional System
improvements, and that the amount of the TUMF expected to be generated by new
development will not exceed the total fair share cost to such development.
J. The City Council of the City of Temecula has independently reviewed all the facts
and evidence in the record and hereby finds and declares that they concur with and adopt the
findings made by the Board of Supervisors as set forth above.
K. The fees collected pursuant to this Ordinance shall be used to help pay for the
construction and acquisition of the Regional System improvements identified in the Nexus
Study. The need for the improvements is related to new development because such
development results in additional traffic, thus creating the demand for the improvements.
L. By notice duly given and published, the City Council set the time and place for a
public hearing on the Nexus Study and the fee proposed thereunder, and at least ten (10) days
prior to the hearing, the City made the Nexus Study available to the public.
M. At the time and place set for the hearing, the City Council duly considered that
data and information provided by the public relative to the cost of the services for which the fees
are proposed and all other comments, whether written or oral, submitted prior to the conclusion
of the hearing.
N. The City Council finds that the Nexus Study proposes a fair and equitable
method for distributing a portion of the unfunded costs of improvements to the Regional System.
O. The City Council hereby adopts the Nexus Study, which Study is attached hereto
as Exhibit "B" and incorporates it herein as though set forth in full.
R:~agdrpt~2003\011403\TU MF.firstread
5
Section 3: Definitions For the purpose of this Ordinance, the following words, terms and
phrases shall have the following meanings:
A. "Development Project" or "Project" means any project undertaken for the
purpose of development including the issuance of a permit for construction.
B. "Gross Acreage" means the total property area as shown on a land division
map of record, or described through a recorded legal description of the property. This area shall
be bounded by road right-of-way and property lines.
C. "Gross Floor Area" means the sum of the gross horizontal areas of the several
floors of a building or habitable structure from the exterior face of exterior walls, or from the
centerline of a wall separating two buildings.
D. "Industrial Project" means any development project, at the time of issuance of
any building permit, in where manufacturing, assembly, processing, packaging, or storage of
products takes place and as further defined by the following zoning designations identified in the
Light Industrial and Business Park Zones or within a similarly defined planning area within an
adopted specific plan, as defined in Title 17 of the Temecula Municipal Code.
E. "Low Income Residential Housing" means residential units in publicly
subsidized projects constructed as housing for Iow-income households as such households are
defined pursuant to Section 50079.5 of the Health and Safety Code. "Publicly subsidized
projects," as the term is used herein, shall not include any project or project applicant receiving
a tax credit provided by the State of California Franchise Tax Board.
F. "Multi-Family Residential Unit" means a development project that has a
density of greater than six (6) residential dwelling units per acre.
G. "Non-Residential Unit" means each square foot of gross floor area (or fraction
thereof) of retail, commercial and industrial development, which is designed primarily for non-
dwelling use, but shall include hotels and motels.
H. "Residential Dwelling Unit" means a building or portion thereof used by one (1)
family and containing but one (1) kitchen, which are designed primarily for residential occupancy
including single-family and multi-family dwellings. "Residential Dwelling Unit" shall not include
hotels or motels.
I. "Retail Commercial Project" means any development project in a commercial
zone at the time of issuance of any building permit that is not defined as a Service Commercial
project shall be subject to the Retail Commercial fee; and as further defined by the following
zoning designations identified in the Neighborhood Commercial, Community Commercial,
Highway Tourist Commercial, and Service Commercial Zones or within a similarly defined
planning area within an adopted specific plan, as defined in Title 17 of the Temecula Municipal
Code.
J. "Service Commercial Project" means any development project that is
predominately dedicated to business activities associated with professional or administrative
services, and typically consist of corporate offices, financial institutions, legal and medical
offices, and as further defined in the Professional Office Zone or within a similarly defined
R:\agdrpt\2003\011403\TUMF.firstread
6
planning area within an adopted specific plan, as defined in Title 17 of the Temecula Municipal
Code.
K. "Single-Family Residential Unit" means each residential dwelling unit in a
development that has a density of six (6) units to the acre or less.
Section 4: Establishment of the Transportation Uniform Mitigation Fee
A. Adoption. There is hereby adopted the following schedule of fees:
$ 6,650 per Single-Family Residential Unit
$ 4,607 per Multi-Family Residential Unit
$1.45 per Square Foot of Gross Floor Area of an Industrial Project
$ 7.81 per Square Foot of Gross Floor Area of a Retail Commercial Project
$ 4.84 per Square Foot of Gross Floor Area of a Service Commercial Project
B. Fee Calculation.
i. For non-residential projects, the fee rate utilized shall be based upon the
predominated use of the building or structure identified in the building permit as further specified
in the TUMF Administration Plan.
ii. For non-residential projects, the fee shall be calculated on the total
square footage of the gross floor area of the building or structure identified in the building permit
and as further specified in the TUMF administration plan.
C. Fee Adjustment. The fee schedule may be periodically reviewed and the
amounts adjusted by the WRCOG Executive Committee. By amendment to this Ordinance, the
fees may be increased or decreased to reflect changes in actual and estimated costs of the
Regional System including, but not limited to, debt service, lease payments and construction
costs. The adjustment of the fees may also reflect changes in the facilities required to be
constructed, in estimated revenues received pursuant to this Ordinance, as well as the
availability or lack thereof of other funds with which to construct the Regional System. WRCOG
shall review the TUMF program within two (2) years of the effective date of this Ordinance and
no less than every five (5) years thereafter.
D. Purpose. The purpose of the TUMF is to fund those certain improvements to the
Regional System depicted on Exhibit A and identified in the Nexus Study, Exhibit B.
E. Applicability. The TUMF shall apply to all new development within the existing
and future City boundaries, located within the County of Riverside, as identified by Exhibit C,
unless otherwise exempt hereunder.
F. Exemptions. The following new development shall be exempt from the TUMF:
i. Low-income residential housing.
ii. Government/Public buildings, public schools and public facilities.
iii. The rehabilitation and/or reconstruction of any legal, residential structure
and/or the replacement of a previously existing dwelling unit.
R:\agdrpt~003\011403\TUMF.flrstread
7
iv. The rehabilitation and/or reconstruction of any non-residential structure
where there is no net increase in square footage. Any increase in square footage shall pay the
current applicable rate.
v. Development Projects, which are the subject of a Public Facilities
Development Agreement entered into pursuant to Government Code, Section 65864 et. seq.
prior to the effective date of this Ordinance, wherein the imposition of new fees are expressly
prohibited provided that if the term of such a Development Agreement is extended after the
effective date of this Ordinance; the TUMF shall be imposed.
vi.
Guest Dwellings as defined in Chapter 17.06 of the Temecula Municipal
Code.
vii. Additional single-family residential units located on the same parcel
pursuant to the provisions of any agricultural zoning classifications as defined in Title 17 of the
Temecula Municipal Code.
viii. Kennels and Catteries established in connection with an existing single-
family residential unit as defined in Title 17 of the Temecula Municipal Code.
ix. Detached Second Units and Attached Second Units pursuant to Chapter
17.06 of the Temecula Municipal Code.
x. The sanctuary building of a church or other house of worship, eligible for
a property tax exemption.
xi. Residential projects that have been issued a building permit prior to the
effective date of this Ordinance.
xii.
June 30,2004.
Non-Residential projects that have been issued a building permit prior to
G. Credits. Regional System improvements may be credited toward the
TUMF in accordance with the TUMF Administration Plan and the following:
Regional Tier
i. Arterial Credits: If a developer constructs arterial improvements
identified on the Regional System, the developer shall receive credit for all the costs associated
with the arterial component based on approved unit cost assumption for the Regional System.
ii. Other Credits: In special circumstances, when a developer constructs
off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall
be determined by WRCOG and the local jurisdiction in consultation with the developer.
iii. The amount of the development fee credit shall not exceed the maximum
amount determined by the most current unit cost assumption for the Regional System or actual
costs, whichever is less.
R:\agdrpt~2003\011403\TUMF.flrstread
8
Local Tier
iv. The local jurisdictions shall compare facilities in local fee programs
against the Regional System and eliminate any overlap in its local fee program except where
there is a recognized benefit district established.
v. If there is a recognized benefit district established, the local agency may
credit that portion of the facility identified in both programs against the TUMF.
Section 5: Reimbursements:
Should the developer construct network improvements in excess if the TUMF fee
obligation, the developer may be reimbursed based on actual costs or the approved unit cost
assumptions, whichever is less at the time of the agreement. Reimbursements shall be enacted
through a three party agreement including the developer, WRCOG and the local jurisdiction,
contingent on funds being available. In all cases, however, reimbursements under such special
agreements must coincide with construction of the transportation improvements as scheduled in
the fiver-year Capital Improvement Program adopted annually by WRCOG.
Section 6: Procedures for the Levy, Collection and Disposition of Fees
A. Authority of the Building Department. The Director of Building & Safety, or
his/her designee, is hereby authorized to levy and collect the TUMF and make all
determinations required by this Ordinance.
B. Payment of the fees.
i. The fees shall be paid at the time a building permit is issued for the
Development Project.
ii. For non-residential projects the fees shall be phased in as follows:
From July 1, 2004 to June 30, 2005, the fee schedule shall be:
$0.48 per Square Foot of Gross Floor Area of an Industrial Project
$2.60 per Square Foot of Gross Floor Area of a Retail Commercial Project
$1.61 per Square Foot of Gross Floor Area of a Service Commercial Project
From July 1, 2005 to June 30, 2006, the fee schedule shall be:
$0.96 per Square Foot of Gross Floor Area of an Industrial Project
$5.20 per Square Foot of Gross Floor Area of a Retail Commercial Project
$3.23 per Square Foot of Gross Floor Area of a Service Commercial Project
On July 1, 2006 and thereafter, the fee schedule shall be:
$1.45 per Square Foot of Gross Floor Area of an Industrial Project
$7.81 per Square Foot of Gross Floor Area of a Retail Commercial Project
$4.84 per Square Foot of Gross Floor Area of a Service Commercial Project
iii.
of payment.
The fees required to be paid shall be the fee amounts in effect at the time
R:\agdrpt~2003\011403\TUMF.firstread
9
iv. If all or part of any development project is sold prior to payment of the fee,
the property shall continue to be subject to the requirement for payment of the fee, accordingly,
the fees shall run with the land.
v. Fees shall not be waived.
C. Disposition of Fees. All fees collected hereunder shall be transmitted to the
Executive Director of WRCOG within thirty (30) days for deposit, investment, accounting and
expenditure in accordance with the provisions of this Ordinance and the Mitigation Fee Act.
D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions
of the TUMF Administration Plan. Appealable issues shall be application of the fee, application
of credits, application of reimbursement, application of the legal action stay and application of
exemptions.
E. Reports to WRCOG. The Director of Building & Safety, or his/her designee,
shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be
established under Section 8 of this Ordinance.
Section 7: Effect of Legal Action on Non-Residential Projects.
If a legal action, including a referendum, is filed prior to the effective date of this
Ordinance or during the phase in period of the fee program, and the legal action seeks to set
aside, void or annul the City's approval of a non-residential project, the phasing schedule set
forth in Section 6 shall be stayed. The stay shall only remain in effect for a period of 18 month
from the time the legal action was filed, or until a final, non-appealable order is issued by the
court or a settlement agreement is executed, whichever come first. Once the stay is no longer
in effect, the period remaining in the phasing schedule shall again commence to run.
Section 8: Appointment of TUMF Fund Administrator
WRCOG is hereby appointed as the Administrator of the Transportation Uniform
Mitigation Fee Program. WRCOG is herby authorized to receive all fees generated from the
TUMF within the County, and to invest, account for and expend such fees in accordance with
the provision of this Ordinance and the Mitigation Fee Act. Detailed administrative procedures
concerning the implementation of this Ordinance shall be set forth in a resolution adopted by
WRCOG.
WRCOG shall expend only that amount of the funds generated from the TUMF for staff
support, audit, administrative expenses, and contract services that are necessary and
reasonable to carry out its responsibilities and in no case shall the funds expended for salaries
and benefits exceed one percent (1%) of the annual net amount of revenue raised by the
TUMF.
Section 9. Severability
If any one or more of the terms, provisions or sections of this Ordinance shall to any
extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of
competent jurisdiction, then each and all of the remaining terms, provisions and sections of this
Ordinance shall not be affected thereby and shall be valid and enforceable.
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10
Section 10. Environmental Review
The potential improvements to be funded through the TUMF program represent
components of the adopted General Plan that has already received the appropriate review when
the General Plan was approved. Based upon this fact, the City Council hereby finds that the
adoption of this ordinance is exempt from fudher review pursuant to CEQA Guideline Sections
15162(a) and 15061(b)(3) of the CEQA Guidelines. Section 15162 states that when an EI R has
been certified for a project, no additional environmental review is required unless there is
substantial evidence that the project has changed. The Final EIR for the City General Plan was
certified on November 9, 1993.
Section 11. Effective Date
This Ordinance shall take effect on the 61st day following its enactment.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula the 14~h
day of January 2003.
ATTEST:
Jeffrey Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do herby certify that the
foregoing Ordinance No. 03- was duty adopted and passed at a regular meeting of the City
Council on the 14th day of January 2003 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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11
ITEM 14
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY ~"/-~/~"~
DIRECTOR OF FINA~_,E ~-.
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Debbie Ubnoske, Director of Planning
January 14, 2003
Eli Lilly & Company General Plan Amendment (PA01-0418); Specific Plan
Amendment (PA02-0510); and Zone Change (PA02-0509)
PREPARED BY:
Emery Papp, Associate Planner
RECOMMENDATION: That the City Council:
Adopt a Resolution entitled:
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 01-0418, A
GENERAL PLAN AMENDMENT ON THREE PARCELS ON THE
SOUTH SIDE OF OVERLAND DRIVE BETWEEN MARGARITA AND
YNEZ ROADS, AND GENERALLY KNOWN AS LOTS 1, 2 AND 3 OF
PM 30107 AND A SPECIFIC PLAN AMENDMENT ON LOT I OF PM
30107.
Introduce and read by title only an Ordinance entitled:
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC PLAN
(SP-7) TO REMOVE ONE PARCEL (LOT I OF PM 30107) FROM THE
REGIONAL CENTER SPECIFIC PLAN (SP-7), GENERALLY LOCATED
AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ
ROAD (PLANNING APPLICATION NO. 02-0510).
3. Introduce and read by title only an Ordinance entitled:
ORDINANCENO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP TO CHANGE
R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc
1
LOT I OF PARCEL MAP 30107 FROM SP-7 TO COMMUNI'FY
COMMERCIAL, AND LOTS 2 AND 3 OF PARCEL MAP 30107 FROM
BUSINESS PARK TO COMMUNITY COMMERCIAL, GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE
AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0509).
BACKGROUND:
The application for the General Plan Amendment (GPA), Specific Plan Amendment (SPA) and
Zone Change (ZC) was originated by Eli Lilly & Company. According to the November 9, 1999
Development Agreement (DA) (Attachment 6), the City agreed to consider an application to
amend the General Plan land use designations and zoning classifications on the Eli Lilly
properties south of Overland Drive.
Eli Lilly believes that the best use for Lots 1, 2, and 3 of Parcel Map 30107 is Community
Commercial (CC). Initially, staff had concerns about CC uses on Lot 3 (southwest corner of
Overland Drive and Margarita Road) because of proximity to adjacent residences. Staff
preferred to see Professional Office designations for Lot 3. However, Eli Lilly agreed to certain
restricted uses (Attachment 5) on Lot 3, and staff now supports CC designations on all three
lots.
Lot 1 of Parcel Map 30107 is located at the southeast corner of Overland Drive and Ynez Road
and is currently within the Regional Center Specific Plan (SP-7). This lot also comprises all of
Planning Area 3 of SP-7. The Commission is recommending that the Council remove the
subject parcel from SP-7 project, and apply the CC General Plan land use and zoning
requirements. As a result, all references to Planning Area 3 in the SP-7 document have been
removed from the text and exhibits (Attachment 4). On November 20, 2002, the Planning
Commission held a public hearing and recommended that the City Council approve the project.
The Commission expressed no concerns with the proposed changes.
DISCUSSION:
Staff reviewed the General Plan to assess the consistency of the proposed amendment with the
adopted Goals and Policies. The analysis focused on the Land Use, Noise, Circulation, and
Community Design Elements. After examining these Elements, the Commission felt that the
proposed change is consistent with the existing land uses along Margarita Road, Ynez Road,
and Overland Drive. An Element-by-Element analysis of the key General Plan issues can be
found in the November 20, 2002 Planning Commission Agenda Packet (Attachment 7).
The existing Zoning surrounding the project site is Business Park, Commercial, and High
Density Residential. The Commission felt that the proposed change is consistent with the
existing Zone classifications in proximity to the project site.
Environmental Determination
This project is not exempt from CEQA and a Negative Declaration was prepared. No significant
impacts were identified and no mitigation measures are proposed. The public review period for
the Negative Declaration was from October 31, 2002 to November 19, 2002. At the time this
report was prepared, no comments had been received.
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FISCAL IMPACT:
No fiscal impact is anticipated.
ATTACHMENTS:
1. Vicinity Map, General Plan Map, Zoning Map - Page 4
2. City Council Resolution of Approval - Page 5
3. City Council Ordinance authorizing the Specific Plan Amendment- Page 8
4. City Council Ordinance authorizing the Zone Change - Page 12
5. Amended Regional Center Specific Plan - Page 15
6. Operating Memorandum List of Restricted Uses for Lot 3 - Page 16
7. Development Agreement November 9, 1999 - Page 19
8. Planning Commission Agenda Packet November 20, 2002 - Page 20
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ATTACHMENT NO. 1
VICINITY MAP, GENERAL PLAN MAP, ZONING MAP
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CITY OFTEMECULA
CASE NO. - PA NO. 01-0418, PA NO. 02-0509, PA NO> 02-0511
EXHIBIT 6A- VICINITY MAP
PLANNING COMMISSION DATE - November 20, 2002
CITY OFTEMECULA
I"1 LIIly_parcels.sh~
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05-~
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EXHIBIT 6B - ZONING MAP
DESIGNATION - SP-7 to Community Commercial~ Business Park to Community Commercial
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EXHIBIT 6C.- GENERAL PLAN
DESIGNATION - From Business Park to Community Commercial
CASE NO. - PA NO. 01-0418, PA NO. 02-0509, PA NO. 02-0510
PLANNING COMMISSION DATE - November 20, 2002
ATTACHMENT NO. 2
CITY COUNCIL RESOLUTION 2003-
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RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 01-
0418, A GENERAL PLAN AMENDMENT ON THREE PARCELS
ON THE SOUTH SIDE OF OVERLAND DRIVE BETWEEN
MARGARITA AND YNEZ ROADS, AND GENERALLY KNOWN
AS LOTS 1, 2 AND 3 OF PM 30107 AND A SPECIFIC PLAN
AMENDMENT ON LOT 1 OF PM 30107.
WHEREAS, Section 65300 of the Government Code requires that cities adopt a
comprehensive, long-term General Plan for the physical development of the jurisdiction as well
as any adjacent areas which, in the judgment of the city, bears a relationship to its planning; and
WHEREAS, the Applicant submitted an Application for a General Plan Amendment on
August 24, 2001; and
WHEREAS, the Planning Commission held duly noticed public hearing on November 20,
2002, and recommended that the City Council approve the attached amendments to the
General Plan Land Use Map; and
WHEREAS, the City Council has held a duly noticed public hearing on January 14, 2003
to consider the proposed General Plan Amendment; and
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. Amendments to the General Plan Land Use Map. The City Council
hereby amends the General Plan Land Use Designations for the City of Temecula for the area
identified as Lots 1, 2, and 3 of Parcel Map 30107 from Business Park to Community
Commercial.
Section 2. Specific Plan Amendment. Modify SP-7 to remove all references to
Planning Area 3 from the text as well as the acreage tabulations and exhibits.
Section 3. Environmental Review. The City Council, based upon the information
contained in the Initial Environmental Study and Negative Declaration prepared for this project,
finds that the impacts of the proposed amendment is accurately described and discussed and
hereby adopts a Negative Declaration.
Section 4. Severability. The City Council hereby declares that the provisions of this
Resolution are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect
the validity of the remaining parts of this Resolution.
Section 5. The City Clerk shall certify the adoption of this Resolution.
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Section 6. PASSED, APPROVED AND ADOPTED this __th day of
2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan Jones, CMC, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council
of the City of Temecula at a regular meeting thereof, held on the day of
,2003 by the following vote of the Council:
AYES: 0
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan Jones, CMC, City Clerk
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ATTACHMENT NO. 3
CITY COUNCIL ORDINANCE 2003-_
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ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC
PLAN (SP-7) TO REMOVE ONE PARCEL (LOT 1 OF PM 30107)
FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7),
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
OVERLAND DRIVE AND YNEZ ROAD (PLANNING
APPLICATION NO. 02-0510).
WHEREAS, the Applicant submitted an Application for a Specific Plan Amendment on
August 24, 2001; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November
20, 2002, and recommended that the City Council approve the attached amendments to the City
Zoning Map; and
WHEREAS, this Ordinance complies with all the applicable requirements of State law
and local ordinances; and,
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, local newspaper, and the project site; and,
WHEREAS, the City Council held a duly noticed public hearing on January 14, 2003 to
consider the proposed amendments to the Regional Center Specific Plan.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Amendments To The Reqional Center Specific Plan (SP-7). The City
Council hereby amends the Regional Center Specific Plan (SP-7) for the City of Temecula for
the parcel identified as Lot 1 of Parcel Map 30107 by removing all references to Planning Area 3
of the Specific Plan from all text and exhibits as identified in Exhibit A (Attached).
Section 2. Environmental Review. The City Council, based upon the information
contained in the Initial Environmental Study and Negative Declaration prepared for this project,
finds that the impacts of the proposed amendment is accurately described and discussed and
hereby adopts a Negative Declaration.
Section 3. Severabilit¥ The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 4. Notice of Adoption The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
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Section 6. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and circulated
in said City.
Section 7. PASSED, APPROVED AND ADOPTED this day of ,2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 03- was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the --th day of ~, 2003 and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the
th day of ., 2003, by the following vote:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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EXHIBIT A
The following pages of the Regional Center Specific Plan have been changed to remove all
references for Planning Area 3 from all text, graphics, and acreage tabulations:
· Page ii of the Table of Contents (not numbered)
· Page v of the Table of Contents (not numbered)
· Pages 11-2 & 11-3
· Pages 111-3 & 111-4
· Page 111-10
· Page 111-16
· Pages 111-18 & 111-19
· Page 111-22
· Page 111-25
· Pages 111-29 & 111-30
· Page 111-34
· Pages 111-47through 111-62
· Page 111-65
· Page 111-70
· Page IV-2
· Pages IV-42 through IV-44
Copies of these pages (Redline/Strikethrough) are attached to this Exhibit on the following
pages:
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IV.
7. Project Phasing Plans ......................................................................... 111-27
a. Project Phasing Plan Description ........................................... lTL27
b. Project Phasing Standards ...................................................... tiT-27
8. Maintenance Plan ............................................................................... 111-30
a. Master Regional Center Association ...................................... Iii-30
b. Project Roadways ................................................................... ITT-30
PLANNING AREA DEVELOPMENT STANDARDS ................................ I!I-31
1. Planning Area ! .................................................................................. 1TI-32
a. Descriptive Summary ............................................................. 111-32
b. Land Use Development Standards ......................................... 111-41
c. Planning Standards ................................................................. 111-41
2. Planning Area 2 .................................................................................. ITT-43
a. Descriptive Summary ........................................... ; ................. 111-43
b. Land Use Development Standards ......................................... 111-43
c. Planning Standards ................................................................. ITI-43
3. ~:~ ^~" 3 m ~.5
a. De~..~. ........... ~ ............................................................. ~I 45
c .......... ~, ........................................................................ ~.5
zoNING ORDINANCE ................................................................................ I~-47
1. Uses Permitted .................................................................................... I~-47
2. Development Standards ...................................................................... 111-57
3. Exceptions to Development Standards ............................................... 111-65
DESIGN GUIDELINES ............................................................................................ IV-1
A. PURPOSE AND INTENT ............................................................................... IV-1
B. LANDSCAPE GUIDELINES .......................................................................... IV-1
1. Landscape Architectural Guidelines ..................................................... IV-1
a. Introduction .............................................................................. IV-1
b. Streetsccnes .............................................................................. IV-4
c. Entry Monuments ................................................................... IV-13
d. Mall Option - Landscape Requirements ................................. IV-22
e. Commercial/Hotel/Office Landscape Requirements
Excluding Mall Landscape/Institutional ................................ IV-23
f. Maintenance Responsibility ................................................... IV-23
2. Plant Material Guidelines ................................................................... IV-23
a. Introduction ............................................................................ IV-23
b. Landscape Development Zone Tree Palette ........................... IV-24
Co
Community Plant Palette ........................................................ 1V-25
Planting Time ......................................................................... IV-29
General Landscape Requirements .......................................... IV-29
Climate Constraints ................................................................ 1V-30
Horticultural Soils Test Requirements ................................... IV-31
Irrigation ................................................................................. IV-31
LIST OF FIGURES
NO. FIGURE PAGE
lA Regional Map .......................................................................................................... II-21B1B
Aerial Photograph ............................................................................................................ II-3
2 Vicinity Map .................................................................................................................... II-4
3 Specific Land Use Plan ................................................................................................... 11I-3
4 Circulation Plan .............................................................................................................. 11I-9
5A Roadway Cross Sections ............................................................................................... Ill-12
5B Roadway Cross Sections ............................................................................................... 111-13
6 Drainage Plan ................................................................................................................ 111-15
7 Water Plan ..................................................................................................................... 111-17
8 Sewer Plan: ................................................................................................................... Iii-18
9 Grading Concept ........................................................................................................... lII-21
10 Landscaping Plan .......................................................................................................... III-24
11 Conceptual Phasing Plan ............................................................................................... ILL29
12A Planning Area 1 ............................................................................................................. 111-33
12B Illustrative Site Plan - Main Street Concept .................................................................. 111-34
12C Main Street Concept.(Detail) ..................................................................................... ;..I11-35
12D Planning Area 2 ............................................................................................................. Iii 44
13 Conceptual Landscape Plan ........................................................................................... IV-2
14 Major Community Streetscene Winchester Road Section ............................................. IV-5
15 Major Community Streetscene Winchester Road Plan View ........................................ IV-6
16 Major Community Streetscene Ynez Road Section ....................................................... IV-8
17 Major Community Streetscene Ynez Road Plan View .................................................. IV-9
18 Major Community Streetscene Margarita Road Section ............................................. IV-11
19 Major Community Streetscene Margarita Road Plan View ......................................... IV-12
20 Minor Community Streetscene Overland Drive Section ............................................. IV-14
21 Minor Community Streetscene Overland Drive Plan View ......................................... IV-15
22 Regional Center Monumentation Plan View ............................................................... IV-17
23 Major Entry Monumentation Plan View ...................................................................... IV-18
24 Major Entry Monumentation Elevation ....................................................................... IV-19
25 Minor Entry Monumentation Plan View ..................................................................... IV-20
26 Minor Entry Monumentation Elevation ....................................................................... IV-21
26A Site Coverage ................................................................................................................ IV-34
26B Building Setbacks ......................................................................................................... IV-35
26C Site Section ................................................................................................................... IV-36
26D Service Area and Refuse Collection Area Section ........................................................ IV-39
27A Illustrative Site Plan (Alternative 1) ............................................................................ IV-42
27B Illustrative Site Plan (Alternative 2) ............................................................................ 1V-43
27C Illustrative Site Plan (Alternative 3) ............................................................................. IV-44
iVIC1NI.TY MAP
27555 Ynez Road, Suite 202, Temecula, Ca. 92591
TEMECULA
REGIONAL CENTER
FIGURE 2
TABLE I
DETAILED LAND USE SUMMARY
I~'~XED USE ! .25-1.0
RETAIL COMMERCIAL CORE/SUPPORT RETAIL
2 .25-1.0
?,0 !.0
ROADS: Major roadways totaling 26.04+ acres will be implemented in conjunction with the
proposed project. The Riverside County Master Plan of Streets and Highways, as utilized by the City
of Temecula, will adequately serve traffic volumes for both the site and region. The project will
ultimately be bordered to the east by Margarita Road, an Arterial roadway (110' R.O.W.), and to the
north and west by Winchester and Ynez Roads, Urban Arterials (134' R.O.W.). Site traffic will be
handled by a hierarchial roadway system consisting of Arterial, Major, Secondary, Collector and
Local Roadways. Internal, on-site traffic will be handled by a flexible private roadway system
designed to adequately handle the traffic created by the project. Loop Street "A", a special project
· roadway will provide interior traffic to higher traffic carrying Major and Arterial Roadways. (See
Figures 4, 5A, and 5B, Master Circulation Plan and Roadway Cross-Sections.) Class II bicycle
trails will be provided along Ynez Road, Margarita Road, and Winchester Road.
WINCHESTER ROAD TRANSPORTATION CORRIDOR: A 25-foot-wide transportation corridor' shall be
provided adjacent to the Winchester Road right-of-way. This corridor is intended to provide
undetermined future opportunities for transportation uses including Light Rail Transit (LRT), bus-
only lanes and High Occupancy Vehicle (HOV) lanes. If this corridor is not developed with
transportation uses, then it shall be preserved along with 12 feet within the Winchester Road right-
Range of allowable level of development for individual planning areas within the Specific Plan area.
HI-4
m
4~
m
ITl
8
m
0
m
0
Z
m
NOTE: A 25-foot-wide Transportation
Corridor will be provided adjacent
to the Winchester Road right-of-way.
* circled numbers reference Figure
numbers where treatment occurs.
2
LANDSCAPING
PLAN
TEMECULA
REGIONAL CENTER
27555 Yne~ Road, Suite 202, Temecula, Ca. 92591
I~-25
FIGURE 10
TABLE II
DEVELOPMENT PHASING
Commercial Core/Shopping Re-
tail
2 I.25-1.0
Mixed Use 1 .25-1.0 71.97
~ g .~.n~ !.~ 5?.9
Range of allowable level of development for individual planning areas.
These dates reflect estimated consh~'uction commencement but may vary significantly.
Roads will be phased incrementally as necessary to adequately serve the project.
111-29
Ii
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ITl
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133 133 133
Z Z Z
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1II-48
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C. ZONING ORDINANCE
The following regulations shall apply in the Mixed Use Zone of Planning Area 1, and the
Commermal/Support Commercial Zone of Planmng Area 2 ................................... ~,
1. Uses Permitted
The following uses are permitted in the Mixed Use Zone of Planning Area 1, and th~~
Commercial/Support Commercial Zone of Planning Area 2, and ~.,e Eugene:: Par!: Z~ne cf P!anr2ng
Ar-oa-3, provided a development plan has been approved pursuant to City Ordinances. Where
indicated with a letter "P" the use shall be a permitted use. Where indicated with a "X", the use is
prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to
the approval of a Conditional Use Permit.
TABLE IIA
SCHEDULE OF PERMITTEO USES
Planning Areas
Planning Area
DESCRH'TION OF USE
Aeroblcs/Dance/lazzercise/Martial
Arts Studios
(less than 5,000 sq. ft.) P P G
Aerobics/Dance/Jazzercise/Martial
Arts Studios
(5,000 sq. fl. and greater) P P G
Alcoholism or Drag Abuse
Recovery or Treatment Facility (six
or fewer) P X
Alcoholism or Drag Abuse
Recovery or Treatment Facility
(seven or more) X X
Ambulance Services P P
Animal Hospital/Shelter C C
Antique Restoration C C
Antique Sales P P
III-50
TABLE IIA
SCHEDULE OF PERMITTED USES
Pla g Areas 1 d 2
nnin ~ an
Planning Area
DESCRIPTION OF USE
1
Apartment Houses, Stacked Flats
and Multiple-Family Dwellings,
including Stacked Flats built over
or in conjunction with Commercial
or Office Uses. P X
Appliance Stores, Household P P G
Art Supply Shops an~t Studios P P
Auction Houses P P G
Auditoriums and Conference
Rooms P P
Automobile Parts and Supply
I Stores P P
AUtomobile Repair Garages, not
including Body and
Fender Shops or Spray Painting C P
Automobile Repair Garages with
Body and Fender Shops or Spray
Painting C C
Automobile Sales and Rental
Agencies C P
Bakery Goods, Distribution P P
Bakery Retail P P
Banks and Financial Institutions P P P
Barber and Beantv Shoos P P
Bars and Cocktail Lounges, not
including Establishments with Live
Entertainment C P
III-51
TABLE
SCHEDULE OF PERMITTED USES
Planning Areas 1~ and 2
Planning Area
DESCRIPTION OF USE
1 2
Bars and Cocktail Lounges when C C
Associated with Live
Entertainment
Bicycle Sales and Rentals P P
Billiard and Pool Halls C P
Blueorint and Duolicatin~ and p p ia
Boat and Other Mari6e Sales X P
Book Stores and Binders P P
Boarding. Rooming, and Lodk, in~, X X
Bowling Alleys P P
Building Materials Sales Yards C C ·
Car Washes P P
Carpet and Rug Cleaners X X G
Catering Services P P ia
Ceramic Sales and Manufacturing
for on-site sales, provided the total
volume of kiln space does not
exceed 16 cubic feet. C C
Chumhes, Synagogues and Other
Similar Religious Structures and
Facilities including Incidental Uses
such as Assembly, Work Rooms,
Living Quarters of a Priest,
Minister or Family, and Day Care
and Educational Facilities C C G
Cleanin~ and Dveim, Shoos P P
Clothim, Sales P P
III-52
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 17 and 2
DESCRIPTION OF USE Planning Area
1
Communications and Microwave X X
Installations
Computer and Typewriter Sales
and Rental, including Incidental
Repairs P P
Confectionery or Candy Stores P P
Convenience Stores, not including
the Sale of Motor Vehicle Fuel P P
Convenience Stores, including the
Sale of Motor Vehicle Fuel C C
Costume Design Studios P P
llli
Dance Halls C C
Day Care Centers and Facilities P P
Delicatessens P P
Department Stores P P
Discount Stores and Membership
Warehouse Clubs C P
Drive-In Movie Theaters X C
Drag Stores and Pharmacies P P G
Dry Cleaners p p ia
Dry Goods Stores P P
Educational Institutions (Public) C C
Educational Institutions (Private) C X G
III-53
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas
Planning Area
DESCRIPTION OF USE
1 2
Electrical Substations C C
Employment Agencies P P
Entertainment Lounges C C
Equipment Rental Services,
including Rototillers, Power
Mowers, Sanders, Power Saws,
Cement and Plaster ~ixers not
exceeding 10 cubic feet in
capacity, and Other Similar
Equipment C C
Escort Bureaus C C
Exercise, Health and Fitness
Centers P P
Facilities for the Mentally
Disordered, Handicapped or
Dependent or Neglected C~ildren
(six or fewer) P X
Facilities for the Mentally
Disordered, Handicapped or
Dependent or Neglected Children
(seven or more) X X
Feed and Grain Sales P P
Fire and Police Stations P P Ia
Florist Shops P P
Fortune Telling, Spiritualism or
Similar Activity C C X
Furniture Transfer and Storage X X ia
III-54
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 1~ and 2
Planning Area
DESCRIPTION OF USE
I 2
Gasoline Service Stations, not
including the concurrent sale of
beer and wine for off-premises
consumption P P
Gasoline Service Stations,
including the concurrent sale of
beer and wine for off, premises
consumption C C
Gift Shops P P
Golf Cart Sales and Service P P
Hardware Stores, including not
more than 1,000 sq. ft. of Outside
Storage P P
Hardware Stores, with more than
1,000 sq. ft. of Outside Storage C C
Heliports C C G
Hobby Shops P P
Hotels, Resort Hotels and Motels P P G
Household Goods Sales, including
but not limited to New and Used
Appliances, Furniture, Carpets,
Draperies, Lamps, Radios and
Television Sets, including Repair
Thereof P P G
Ice Cream Parlor P P
Interior Decorating Service P P
III-55
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas
Planning Area
DESCRIPTION OF USE
I 2 3
Jewelry Stores, including
Incidental Repairs P P
KennelIxlxl
Labor Temples p p ia
Laboratories, including but not
limited to Film, Dental, Medical,
Research or Testing P P ia
Laundries, Drycleaners and
Lanndromats P P
Leather Goods Stores P P
Liquid Petroleum Service Stations,
not including the concurrent sale of
beer and wine, provided the total
capacity of all tanks shall not
exceed 10,000 gallons P P
Liquid Petroleum Service Stations,
including the concurrent sale of
beer and wine for off-premise
consumption, provided the total
capacity of all tanks shall not
exceed 10,000 gallons C C
Liquor Stores P P
Locksmith Shops P P
Mail Order Businesses P P ia
Manufacturer's Agents P P
III-56
TABLE IIA
SCItEmJLE OI~ PERMITTEO USES
Planning Areas 1~ and 2 ann.. 3
Plaoning Area
DESCRIPTION OF USE
1 2 3
Manufacturing of products similar
to, but not limited to, the
following:
X X tl
Custom-made product, processing,
assembling, packaging, and
fabrication of goods within
enclosed building, such as jeweh3',
furniture, art objccts,'clothing,
labor intensive manufacturing,
assembly, and repair processes
which do not involve frequent
truck traffic.
Markets, including but not limited
to Food, Wholesale, Produce, Fruit,
Vegetable, Fish, and Poultry and
Meat .Markets, but not including
Slaughtering P P X
Massage Parlors~ Turkish Baths
and Similar Personal Service
Establishments C C ;g
Mini-Storage or Mini-Warehouse C C G
Mobilehomes, provided they are
kept mobile and licensed pursuant
to State law, used for sales office
on mobilehome sales lots;
construction offices and caretaker's
quarters on construction sites for
the duration of a valid building per-
mit, provided they are
inconspicuously located; or
caretakers or watchmen and their
families, provided no rent is paid,
where a permitted and existing
commercial use is established. Not
more than one mobilehome shall be
allowed for a oarcel of land or a C C X
II1-57
TABLE HA
SCHEDULE OF PERMITTED USES
Planning Areas 1~ and
Planning Area
DESCRIPTION OF USE
shopping center complex
Multiple Family Residences P X
Music Stores P P
Musical and Recording Studio P P
News Stores P P
Notions or Novelty Stores P P
Nurseries and Garden Supply
Stores C C
li[0~
Offlc~
Equipment/Supplies/Sales/Services P P P
Offices, including but not limited
to Business, Law, Medical, Dental,
Veterinarian, Chiropractic,
Architectural, Engineering,
Community Planning and Real
Estate, and Insurance P P
Paint and Wallpaper Stores, not
including Paint Contractors P P
Parcel Delivery Services X X
Parking Lots and Parking
Structures C C
Pawn Shops C C
Pest Control Services X X
Pet Shoos and Pet Suoolv Shoos
III-58
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 1~ and 2
Planning Area
DESCRIPTION OF USE
1 2
and Pet Grooming P P
Photocopying Services and Stores P P P
Photography Shops and Studios
and Photo Engraving P P
Plumbing Shops, not including
Plumbing Contractor, s P P
Postal Services P P P
Printers or Publishers P P
Public Uses and Buildings
including City Halls, Civic Cen-
ters, Police Stations, Paramedic
Facilities, Libraries, Court Houses
and other similar Public Facilities P P
Public Utility Buildings and
Structures, not including Outside
Storage C C G
I I I
Radio, Microwave and Television
Receiving Antennas, Dish
Antennas and Flag Poles P X
Radio and Television Broadcasting
Studios C C G
Recreational Vehicle Trailer, and
Boat Storage
(within an enclosed building) X X t~-
Recreational Vehicle Trailer, and
Boat Storal~e X X
III-59
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 1; and 2 ~'n2 ~
Planning Area
DESCRIPTION OF USE
1 2
(exterior yard)
Recycling Collection Facilities P P ~;
Residential Care Facilities for the
~ Elderly (six or fewer) P X ~
Residential Care Facilities for the
! Elderly (seven or more) P X ~g
Restaurants and Other Eating
Establishments, not including
Drive-in or Drive-thru Restaurants
or Restaurants with Bars/Cocktail
Lounges that Offer Live
Entertainment P P G
I Restaurants and Other Eating
Establishments with Drive-ins or
Drive-thrus or Bar/Cocktail
Facilities that Offer Live
Entertainment C C ~
Retail Support Use (up to 15% of
total development square footage) NA NA
Sale, Rental, Repair or
Demonstration of Motorcycles,
Scooters and Motorbikes C C ;~
Schools, Business and
Professional, including but not lim-
ited to An, Barber, Beauty, Dance,
Drama, Music and Swimming P P
Shoe Shine Stand P P
Shoe Stores and Repair Shops P P
Signs, On-site Advertising P P
Ili-60
TABLE IIA
SCHEDULE OF PERMITrED USES
Planning Areas 1~ and 2 and
Planning Area
DESCRIPTION OF USE
1 2
Sporting Goods Stores P P
Sports and Recreational Facilities,
not including Motor Drive
Vehicles and Riding Academies,
but including Archery Ranges,
Athletic Playgrounds, Sports
Arenas, Skating
Rinks, Stadiums and Commercial
Swimming Pools C C
Stationer Stores p p St
Stations, including Bus, Light Rail,
Trolley and Taxi P P
Swap Meets C C
Tailor Shops P P
Telephone Exchanges P P
Theaters, not including Drive-ins P P
Tire Sales and Service, not
including Recapping P P
Tobacco Shops p p ia
Tourist Information Centers P P la
Toy Shops P P
Travel Agencies p p ia
Truck Sales and Services C P
Upholstery Shop ixlxl~
III-61
TABLE IIA
SCltEOULE OF PERMITTED USES
Planning Areas
Planning Area
DESCRIPTION OF USE
I I I
Watch Repair Shops P P
Wedding Chapels C C
Wholesale Businesse~ with
samples on the premises, but not
including Storage P P
I I I
I
LEGEND
P = Permitted Use
C = Conditional Use
X = Prohibited Use
NA = Use Not Applicable to Planning Area Indicated
Any use that is not specifically listed in Table IIA, above, may be considered a permitted use
provided that the Planning Director finds that the proposed use is substantially the same in
character and intensity as those listed in the designated subsection. Such a use is subject to the
permit process which governs the category in which it falls.
Accessory Uses. An accessory use to a permitted use is allowed provided the accessory use is
incidental to, and does not alter the character of, the principal permitted use, including, but not
limited to: Limited manufacturing, fabricating, processing, packaging, treating and incidental
storage related thereto, provided any such activity shall be in the same line of merchandise or
III-62
PLANNING AREA 1 ONLY
For apartment houses, stacked fiats and multiple-family residential uses, including stacked fiats over
office or commercial uses, automobile space in Planning Area 1 shall be provided as follows:
Such spaces shall be located within two hundred feet (200') of the building to be served by these spaces. A minim~unofone
(1) covered parking space shall be provided per dwelling unit.
PLANNING AREAS 1~ &2~:2
Shared parking for developments with a combination of uses such as office, mixed-use, multiple-family
residences, apartments or fiats will be permitted in all planning areas within the Temecula Regional
Center Specific Plan provided a share-parking study is prepared for the uses and approved by the City of
Temecula.
Automobile Loading. The number of loading and unloading spaces required are indicated on th9
following table.
7,499 s.f. or less
7,500 - 14,999 s.f.
15,000 - 24,999 s.f.
25,000 - 39,999 s.f.
40,000 - 59,999 s.f.
60,000 - 79,999 s.f.
80,000 - 100,000 s.f.
For each additional 100.000 s.f.. above
Ill-65
(7)
project into the public right-of-way or interfere with efficient operations of
emergency vehicles.
(c) Signs which prevent free access to or from any fire escape, door, window or exit,
or access to any standpipe.
(d) Signs which project above a parapet or roofline or which are located upon or
affixed to the roof of a building.
(e) Signs or graphics painted directly on the exterior facades of buildings.
(f) Landscaping or the use of annual or ornamental flowers that form a sign or
message.
(g) Signs where the entire face of the sign is illuminated rather than just the graphics,
except for hotel-related signage which may be fully illuminated.
(h) Graphics painted on or adhered to trash bins or their enclosures.
(i) Sign cabinets with entire faces of plexiglass.
(,j) Any sandwich board "A" frame sign or other portable sign.
(k) Signs which identify or advertise a product or service not available on the
property.
(t) Any sign placed or displayed on vehicles parked primarily for the purpose of
displaying the sign.
(m) Temporary signs beyond the period of display approved by City Ordinance.
6¢neral Sign Specifications (for all types of si~nage in all areas)
(a) All building-mounted signs shall meet or exceed all applicable city, state, and
federal codes.
(b) All signs containing electrical components shall be conform to the Uniform
Lighting Code.
(c) No on-site sign shall be affixed on, above or over the roof of any building, and
no on-site sign shall be affixed to the wall of a building so that it projects above
the parapet of the building. For the purposes of this section, a mansard style roof
shall be considered a parapet. :
III-70
1
2
Circled numbers reference
Figu~*e numbers where treatment
CONCEPTUAL
LANDSCAPE
PLAN
TEMECULA
REGIONAL CENTER
K.C.D.C.
27555 Ynez Road, Suite 202, Temecula, Ca. 92591
IV-2
FIGURE 13
ILLUSTRATIVE
SITE PLAN
'ALTERNATIVE
TEMECULA
REGIONAL CENTER
K.C.D.C.
27555 Y#ez Road, Suite 202, Temecula, Ca. 92591
IV.42
FIGURE 27A
ILLUSTRATIVE
SITE PLAN
ALTERNf4-TIVE 2
K.C~.C. 27555 Yne: Road, Suite 202, Temecula, Ca. ~2591
This slle plan b prodded for #lusr[a~ate purposes only. Aotu;J site plan
=onltllun~on and building layouts will be determined ([luring Devek~nent
Plan Review.
TEMECULA
REGIONAL CENTER
FIGURE'27B
]V-43
,ILLUSTRATIVE
SITE PLAN
ALTERNATIVE 3
~ _ 'This site plan Is provided fro'illustrative purposes only. ActuaJ s~ plan
cof~figuratlon and 1:4Jlldlng layout~ will bo dototmh~] dTning Development
Plan Review.
TEMECULA
REGIONAL CEi~ER
K.C,D.C, 27555 Ynez Road, Suite 202, Temeeula, Ca. 92591
FIGURE 270
ATTACHMENT NO. 4
CITY COUNCIL ORDINANCE 2003-
R:\G P A\PA01-0418 Eli Lilly~Agenda Repor~ CC 01-14-03.doc
12
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP TO
CHANGE LOT I OF PARCEL MAP 30107 FROM SP-7 TO
COMMUNITY COMMERCIAL, AND LOTS 2 AND 3 OF PARCEL
MAP 30107 FROM BUSINESS PARK TO COMMUNITY
COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF OVERLAND DRIVE AND YNEZ ROAD
(PLANNING APPLICATION NO. 02-0509).
WHEREAS, the Applicant submitted an Application for a Zone Change on August 24,
2001; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November
20, 2002, and recommended that the City Council approve the attached amendments to the City
Zoning Map; and
WHEREAS, this Ordinance complies with all the applicable requirements of State law
and local ordinances; and,
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, local newspaper, and the project site; and,
WHEREAS, the City Council has held a duly noticed public hearing on January 14, 2003
to consider the proposed amendments to the City Zoning Map.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ~EREBY ORDAIN AS
FOLLOWS:
Section 1. Amendments to the Official Zoninq Map. The City Council hereby amends
the Official Zoning Map for the City of Temecula for the area identified as Lot 1 of Parcel Map
30107 by changing the zoning designation from SP-7 to Community Commercial, and the
parcels identified as Lots 2 and 3 of Parcel Map 30107 from Business Park to Community
Commercial.
Section 2. Environmental Review. The City Council, based upon the information
contained in the Initial Environmental Study and Negative Declaration prepared for this project,
finds that the impacts of the proposed amendment is accurately described and discussed and
hereby adopts a Negative Declaration.
Section 3. Severability The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 4. Notice of Adoption The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
R:\G P A\PA01-0418 Eli Lilly\Agenda Report CC 01-14-03.dcc
13
Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 6. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and cimulated
in said City.
Section 7. PASSED, APPROVED AND ADOPTED this day of
,2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 03- was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the __th day of ,2003 and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the
th day of_ ., 2003, by the following vote:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\G P A~PA01-0418 Eli Lilly\Agenda Report CC 01-14-03.doc
14
A'I-FACHMENT NO. 5
AMENDED REGIONAL CENTER SPECIFIC PLAN (SP-7)
R:\G P A\PA01-0418 Eli Liliy~Agenda Report CC 01-14-03.doc
15
Screencheck S.P./E.I.R.: 8-22-90
Second Screencheck Submitted: 1-11-91
Draft S.P./E.I.R. Submitted: 5-30-91; Rev. 1-21-92; 12-15-92; 1-27-93; 3-5-93; 2-1-94
Planning Commission Approval: 7-18-94
City Council Approval: 10-11-94
TEMECULA REGIONAL CENTER
DRAFT SPECIFIC PLAN NO. 263 AND EIR NO. 340
Developed by:
KEMPER COMMUNITY DEVELOPMENT COMPANY (K.C.D.C.)
27555 Ynez Road, Suite 202
Temecula, California 92591
(714) 694-0666
Contact Person:
Dennis Chiniaeff
Prepared by:
T&B PLANNING CONSULTANTS, INC.
3242 Halladay
Suite 100
Santa Aha, California 92705
(714) 662-2774
Contact Person:
Barry Bumell
In Association with:
Wilbur Smith Associates, Traffic Engineering
NBS/Lowry, Civil Engineering
Callison Parmership, Architecture
HRP LanDesign, Landscape Architecture
Highland Geotechnical, Geotechnical
Douglas Wood & Associates, Environmental Analysis
Natelson, Levander & Whitney, Fiscal Analysis
Lead Agency: City of Temecula
Contact Planner: Debbie Ubnoske
(714) 694-6400
Adopted on October 11, 1994
(As Amended November 2002)
TABLE OF CONTENTS
NO. SECTION PAGE
INTRODUCTION I-1
A. DOCUMENT PURPOSE .................................................................................... I-1
1. Environmental Procedures ...................................................................... I-1
2. Format ..................................................................................................... I-1
3. Discretionary Actions and Approvals ..................................................... I-2
4. Effects Found Not to be Significant ........................................................ I-2
B. CEQA TOPICS LOCATION .............................................................................. I-3
Il.
SUMMARY .................................................................................................................. IL1
A. PROJECT DESCRIPTION ............................................................................... II-1
1. Location and Site Description ............................................................... II-1
a. Existing On-Site Land Uses and Zoning Designations ............. II-I
b. Surrounding Land Uses ............................................................. II-1
2. Land Use Plan ....................................................................................... 1I-5
3. Project Objectives ................................................................................. II-5
4. Project Phasing ...................................................................................... II-6
B. EIR MATRIX - SUMMARY FOR TEMECULA REGIONAL CENTER ......... 11-7
IlL
SPECIFIC PLAN ....................................................................................................... m-1
A. DEVELOPMENT PLANS AND STANDARDS ............................................ m-1
1. Specific Land Use Plan ........................................................................ m-2
a. Project Description ................................................................... 111-2
b. Land Use Development Standards ........................................... 11I-5
2. Cimulation Plan .................................................................................... 111-8
a. Plan Description ....................................................................... m-8
b. Circulation Plan Development Standards ................................ 11I-8
3. Drainage Plan ..................................................................................... 111-14
a. Plan Description ..................................................................... 111-14
b. Drainage Plan Development Standards .................................. m-14
4. Water and Sewer Plans ....................................................................... Jill-16
a. Water and Sewer Plan Description ......................................... 111-16
b. Water and Sewer Plan Development Standards .....................111-19
5. Grading Plan ....................................................................................... flI-20
a. Grading Plan Description ....................................................... 111-20
b. Grading Plan Development Standards ................................... m-20
6. Landscaping Plan ............................................................................... m-23
a. Plan Description ..................................................................... 111-23
b. Landscaping Plan Development Standards ............................ 111-23
IV.
Co
7. Project Phasing Plans ......................................................................... III-27
a. Project Phasing Plan Description ........................................... 111-27
b. Project Phasing Standards ...................................................... 111-27
8. Maintenance Plan ............................................................................... 111-30
a. Master Regional Center Association ...................................... m-30
b. Project Roadways ................................................................... m-30
PLANNING AREA DEVELOPMENT STANDARDS ................................ III-31
1. Planning Area 1 .................................................................................. 111-32
a. Descriptive Summary ............................................................. 111-32
b. Land Use Development Standards ......................................... I11-41
c. Planning Standards ................................................................. 111-41
2. Planning Area 2 .................................................................................. 111-43
a. Descriptive Summary ............................................................. 11143
b. Land Use Development Standards ......................................... 111-43
c. Planning Standards ................................................................. m-43
'~ P! ~ g A 3 11/45
~. ann n rsa ..................................................................................
ZONING ORDINANCE ................................................................................ 111-47
1. Uses Permitted .................................................................................... m-47
2. Development Standards ...................................................................... m-57
3. Exceptions to Development Standards ............................................... m-65
DESIGN GUIDELINES ............................................................................................ IV-1
A. PURPOSE AND INTENT ............................................................................... IV-1
B. LANDSCAPE GUIDELINES .......................................................................... IV-1
1. Landscape Architectural Guidelines ..................................................... IV-1
a. Introduction .............................................................................. 1V-1
b. Streetscenes .............................................................................. IV-4
c. Entry Monuments ................................................................... IV-13
d. Mall Option - Landscape Requirements ................................. IV-22
e. Commercial/Hotel/Office Landscape Requirements
Excluding Mall Landscape/Institutional ................................ IV-23
f. Maintenance Responsibility ................................................... IV-23
2. Plant Material Guidelines ................................................................... IV-23
Introduction ............................................................................ IV-23
Landscape Development Zone Tree Palette ........................... IV-24
Community Plant Palette ........................................................ IV-25
Planting Time ......................................................................... IV-29
General Landscape Requirements .......................................... IV-29
Climate Constraints ................................................................ IV-30
Horticultural Soils Test Requirements ................................... IV-31
Irrigation ................................................................................. IV-31
SITE PLANNING GUIDELINES .................................................................. 1V-32
1. Site Planning Concept ........................................................................ IV-32
2. Site Coverage ..................................................................................... IV-32
3. Winchester Road and Ynez Road Setbacks ....................................... IV-32
4. Secondary Street Setbacks .................................................................. IV-33
5. Side Yard and Rear Yard Setbacks .................................................... IV-33
6. Building Locations ............................................................................. IV-33
7. Access and Driveways ........................................................................ IV-33
8. Entry Sequence ................................................................................... IV-37
9. Parking Requirements ........................................................................ IV-37
10. Service, Loading and Special Equipment Areas ................................ IV-38
11. Exterior Walls and Fences .................................................................. IV40
ARCHITECTURAL GUIDELINES .............................................................. IV-41
1. Architectural Concept ........................................................................ IV-41
2. Architectural Character ...................................................................... 1V-41
3. Building Site Planning ....................................................................... IV~41
4. Skyline ................................................................................................ IV-52
5. Building Heights ................................................................................ IV-52
6. Facade Articulation and Building Detail ............................................ IV-52
7. Building Base (Multi-Story Office & Business Park Dev.) ............... IV-52
8. Color ................................................................................................... IV-52
9. Materials ............................................................................................. IV-53
10. Roofs, Penthouses and Mechanical Screens ....................................... IV-53
11. Service Areas ...................................................................................... IV-53
12. Ancillary Buildings ............................................................................ IV-54
13. Parking Structures .............................................................................. IV-54
14. Energy Considerations ....................................................................... IV-54
15. Street/Plaza Furniture and Bus Shelters ............................................. IV-54
SIGNAGE GUIDELINES .............................................................................. IV-55
1. Commercial Core Signage .................................................................. IV-55
a. Major Site Identity Sign ......................................................... IV-55
b. Primary Entrance Sign ............................................................ IV-55
2. Retail Commercial Signage ................................................................ IV-55
a. Primary Tenant Monolith ....................................................... IV-55
b. Secondary Tenant Monolith ................................................... IV-57
c. Tenant Building Identification ............................................... 1V-57
d. Shop Tenant Fascia Identification ......... : ................................ IV-61
e. Tenant Window Identification ................................................ IV-61
f. Temporary Window Signs ...................................................... IV-61
g. Under Canopy Hanging Sign .................................................. 1V-61
h. Banners, Pennants and Awnings ............................................ IV-65
3. Office/Hotel/Institutional & Business Park Signage .......................... IV-65
a. Site Identification Signs ......................................................... 1V-65
b. Site Identification, Street Frontage ......................................... 1V-65
c. Building Identification Signs .................................................. 1V-65
d. Ground Floor Commercial Tenants and Restaurants ............. 1V-66
4. Theaters and Special Event Facilities ................................................. IV-66
5. Building Address ................................................................................ IV-66
6. Vehicular and Pedestrian Signs .......................................................... IV-66
7. Directory Signs ................................................................................... IV-67
8. Parking Signs ...................................................................................... 1V-67
a. Directional Signs .................................................................... 1V-67
b. Restrictive Signs ..................................................................... 1V-67
9. Temporary Signs ................................................................................ 1V-67
t0. Future Facilities Signs ........................................................................ 1V-67
11. Leasing Signs ..................................................................................... IV-68
a. Regulations ............................................................................. IV-69
b. Compliance ............................................................................. IV-69
12. Signs Not Permitted ........................................................................... IV-69
13. General Sign Specification ................................................................. IV-70
LIGHTING GUIDELINES ............................................................................. IV-72
2.
3.
4.
5.
6.
7.
8.
Lighting Concept ................................................................................ IV-72
Street Lighting .................................................................................... IV-73
General On-Site Lighting Parameters ................................................ IV-73
Vehicular Circulation and Parking Area Lighting .............................. IV-73
Pedestrian Area Lighting .................................................................... IV-73
Architectural Lighting ........................................................................ 1V-74
Service Area Lighting, ........................................................................ IV-74
Accent Lighting .................................................................................. IV-74
GENERAL PLAN/ENVIRONMENTAL ANALYSIS ............................................ V-1
Note: Chapter V - General Plan~Environmental Analysis is bound separately from
Chapters I through IV of the Temecula Regional Center Specific Plan. See Volume 11
of the three volume set that contains the complete text of the Specific Plan, E1R,
Technical Appendices, and other assorted documents for Chapter V.
LIST OF FIGURES
NO. FIGURE PAGE
lA Regional Map .......................................................................................................... II-21B1B
Aerial Photograph ............................................................................................................ 1I-3
2 Vicinity Map .................................................................................................................... 11-4
3 Specific Land Use Plan ................................................................................................... I11-3
4 Circulation Plan .............................................................................................................. 111-9
5A Roadway Cross Sections ............................................................................................... 111-12
5B Roadway Cross Sections ............................................................................................... 111-13
6 Drainage Plan ................................................................................................................ 111-15
7 Water Plan ..................................................................................................................... m- 17
8 Sewer Plan .................................................................................................................... m-18
9 Grading Concept ........................................................................................................... 111-21
10 Landscaping Plan .......................................................................................................... 111-24
11 Conceptual Phasing Plan ............................................................................................... 111-29
12A Planning Area 1 ............................................................................................................. 111-33
12B Illustrative Site Plan - Main Street Concept .................................................................. 111-34
12C Main Street Concept (Detail) ........................................................................................ 111-35
12D Planning Area 2 .................... .~ ................ :. ..................................................................... m
13 Conceptual Landscape Plan ........................................................................................... IV-2
14 Major Community Streetscene Winchester Road Section ............................................. IV-5
15 Major Community Streetscene Winchester Road Plan View ........................................ IV-6
16 Major Community Streetscene Ynez Road Section ....................................................... IV-8
17 Major Community Streetscene Ynez Road Plan View .................................................. IV-9
18 Major Community Streetscene Margarita Road Section ............................................. IV-11
19 Major Community Streetscene Margarita Road Plan View ......................................... 1V-12
20 Minor Community Streetscene Overland Drive Section ............................................. IV-14
21 Minor Community Streetscene Overland Drive Plan View ......................................... 1V-15
22 Regional Center Monumentation Plan View ............................................................... IV-17
23 Major Entry Monumentation Plan View ...................................................................... IV- 18
24 Major Entry Monumentation Elevation ....................................................................... IV-19
25 Minor Entry Monumentation Plan View ..................................................................... IV-20
26 Minor Entry Monumentation Elevation ....................................................................... IV-21
26A Site Coverage ................................................................................................................ IV-34
26B Building Setbacks ......................................................................................................... IV-35
26C Site Section ................................................................................................................... IV-36
26D Service Ama and Refuse Collection Area Section ........................................................ IV-39
27A Illustrative Site Plan (Alternative 1) ............................................................................ IV42
27B Illustrative Site Plan (Alternative 2) ............................................................................ IV43
27C Illustrative Site Plan (Alternative 3) ............................................................................. IV-44
NO. FIGURE PAGE
27D
27E
27F
27G
27H
27I
27J
27K
27L
27M
27N
270
27P
27Q
27R
Illustrative Site Rendering ............................................................................................ IV-45
Illustrative Site Rendering ............................................................................................ IV-46
Illustrative Site Rendering ............................................................................................ IV47
Illustrative Site Rendering ............................................................................................ IV-48
Illustrative Site Rendering ............................................................................................ IV49
Illustrative Site Rendering ............................................................................................ IV-50
Illustrative Site Rendering ............................................................................................ IV-51
Primary Tenant Sign Monolith ..................................................................................... IV-56
Secondary Tenant Sign Monolith ................................................................................. IV-58
Typical Anchor Tenant ................................................................................................. IV-59
Typical Minor Tenant ................................................................................................... IV-59
Shop Tenant Fascia ....................................................................................................... IV-60
Sample Sign Detail at Fascia ........................................................................................ IV-62
Wall Sign ...................................................................................................................... IV-63
Under Canopy Hanging Sign ........................................................................................ 1V-64
Note: Figures 28A through 47 may be found in Chapter V - General
Plan~Environmental Analysis which is bound separately from Chapters I through IV.
Chapter V is located in Volume H of the three volume set that contains the complete
text of the Temecula Regional Center Specific Plan, EIR, Technical Appendicies, and
' other assorted documents.
LIST OF TABLES
NO.
TABLE PAGE
Detailed Land Use Summary ..................................................................................... 1114
Development Phasing .............................................................................................. 111-28
Note: Tables II1 through XVIII may be found in Chapter V - General
Plan/Environmental Analysis which is bound separately from Chapters I through
IV. Chapter V is located in Volume II of the three volume set that contains the
complete text of the Temecula Regional Center Specific Plan, EIR, Technical
Appendicies, and other assorted documents.
I. INTRODUCTION
A. DOCUMENT PURPOSE
This document has been prepared for the purpose of delineating a multiple-use land development
plan and evaluating potential environmental impacts resulting from implementation of the plan as set
forth in this document. The development proposal, called the Temecula Regional Center Specific
Plan, encompasses 201.3+ acres of land located within the recently incorporated City of Temecula
within Riverside County, California.
1. Environmental Procedures
The Environmental Impact Report (EIR) portion of this document (Section V) has been prepared in
accordance with the Califomia Environmental Quality Act (CEQA) of 1970, as amended (Public
Resources Code Section 15000, et seq.
An Environmental Assessment (E.A.) of the project has been prepared by the County of Riverside
and utilized by the City of Temecula. A Notice of Preparation (NOP) for an EIR and a description of
potential adverse impacts has been distributed to the State Clearing House, responsible agencies and
other interested parties on August 30, 1989. An EIR Scoping meeting was held by the City of
Temecula on July 26, 1990 at the City offices to solicit input from responsible agencies and
interested parties. The objective of distributing the NOP and holding the Scoping meeting has been
to identify and determine the full range and scope of environmental issues of concern so that these
issues might be fully examined in the EIR. Comments received during the NOP process have been
addressed in Section V.C, V.D, AND V.K. The E.A. and NOP distribution list and comments
resulting from distribution are contained in Appendix A.
2. Format
The format of this document is designed to be a combination Specific Plan and Environmental
Impact Report. The Specific Plan portion of the document is encompassed in Section m and IV.
The EIR portion of this document is encompassed in Section I, II, and V. Sections I and 1I cover the
summary requirements of CEQA by providing a project description, Environmental Impact Report
summary, and Environmental Impact Report Mitigation Monitoring Program. Due to the
unavailability of a general plan from the recently incorporated City of Temecula, Section V follows
the format of the Riverside County Comprehensive General Plan (General Plan) and its various
elements. General Plan consistency is assessed utilizing the Riverside County General Plan Land
Use Determination System. Land use appropriateness, General Plan land use consistency and
community plan consistency is discussed under Sections V.A and V.C.
Issues identified in the E.A., prepared by the County of Riverside and utilized by the City of
Temecula, are discussed in Section V.C and V.D, of the document and are formatted under two
I-1
elements of the Environmental Hazards and Resources and Public Facilities and Services. Under
each issue, an analysis is performed to determine the amount and degree of impact associated with
the project. For all significant negative impacts, mitigation are delineated to reduce the impact to a
level of insignificance.
Analysis of impacts and mitigation set forth are derived through technical reports and information
which are submitted as an appendix to the document. In conjunction with this analysis, consistency
with the General Plan is also determined through the relationship between project design and
proposed mitigation and General Plan standards delineated for each issue.
3. Discretionary Actions and Approvals
This EIR will be used by the following public agencies in connection with the following decisions:
City of Temecula Planning Commission
a. Recommendation to the City of Temecula City Council (the Council) as to EIR
certification.
b. Recommendation to the Council regarding adoption of the Specific Plan by
resolution.
c. Recommendation to the Council regarding approval of the change of zone to Specific
Plan (SP).
City of Temecula City Council
a. EIR certification.
b. Adoption by resolution of the Specific Plan.
c. Approval of the change of zone to Specific Plan (SP).
4. Effects Found Not to be Significant
The Environmental Assessment (E.A.) prepared by the County for the City, determined that certain
environmental effects will not be significant and, therefore, are not discussed in an EIR level of
detail. The effects found not to be significant as recognized by the County E.A. are wind erosion and
blowsand, mineral resources, and airports. A brief discussion of these issues and why the effects are
not considered to be significant is contained in Section V under the respective issues.
I-2
II. SUMMARY
A. PROJECT DESCRIPTION
1. Location and Site Description
The Temecula Regional Center Specific Plan project site is comprised of 201.3+ acres and is located
south and east of the Winchester Road & Ynez Road intersection, in the City of Temecula,
California, within Riverside County. (See Figure lA, Regional Map, and Figure lB, Aerial
Photograph, and Figure 2, Vicinity Map). Surrounding ongoing uses in the project area include
residential, commercial, open space, school/park, and business park.
a. Existing On-Site Land Uses and Zoning Designations
The project site is characterized by generally flat (0-10%) alluvial plains with some moderate slopes
along the south-eastern property boundary. These moderately steep slopes generally fall within the
10-25% slope category. Site drainage is to the southwest. The project site is located in an area
designated as Land Use Category 1 (Heavy Urban) by the Riverside County Comprehensive General
Plan. The existing zoning of the site is Rural Residential (R-R) for the northern two-thirds of the
project and Heavy Agriculture (A-2-20) for the southern portion.
The Southwest Area Plan (SWAP) designates this site as commercial. The Southwest Area Plan is
intended to provide additional land use goals and policies that address the unique concerns and needs
which exist in the SWAP area. The SWAP area is generally located north of the San Diego County
line, east of Cleveland National Forest, south of Keller Road and west of the Riverside Extended
Mountain Area Plan (REMAP) boundaries.
The project site has most currently been used for dry land farming, and in the past once used as
pasture. In surrounding areas, there are several foundations from raised buildings and an abandoned
horse track associated with a previous ranch.
b. Surrounding Land Uses
The Temecula Regional Center site is bordered on the north by Winchester Road on the east by
Margarita Road, on the west by Ynez Road, and generally on the south by Overland Drive.
The Temecula Regional Center site is located in an area which supports several Specific Plans. To
the northwest of the project site is the Winchester Hills Specific Plan (S.P 255), a 569 acre project
which is currently being reviewed by the City for approval, combining residential, commercial,
business park, school/park sites, greenbelt/paseos, and an extensive circulation network. Just north
of Winchester Road, 24 acres of vacant land are currently under City review and consideration for a
retail commercial center development project. Northeast of Temecula Regional Center lies the
II-1
B. CEQA TOPICS LOCATION
The table below provides a quick reference in locating the CEQA required sections within this
document.
CEQA TOPICS LOCATION
TOPICS
Environmental Procedures
Effects Found Not to be Significant
Environmental Impact Report Summary
Interdisciplinary Summary
Cumulative Impact Analysis
Growth Inducement
Alternatives to the Proposed Project
Unavoidable Adverse Impacts
'Fhe Relationship Between Short-Term Uses
of the Environment and Maintenance/
Enhancement of Long-Term Productivity
Irreversible/Irretrievable Commitment of
Energy Supplies and Other Resources
Organizations, Persons and Documents
Consulted
LOCATION
Section I, A, 1
Section I, A, 4
Section Il, B
Section V, C & D
Section V, H, 1
Section V, H, 4
Section V, H, 3
Section V, H, 2
Section V, H, 5
Section V, H, 6
Section V, H, 8
1-3
Lake
Elsinore
PROJECT SITE
TEMECULA ·
To .e~
Lake
.~,.eo~~ Skinner
· MURRIETA
REGIONAL MAP
K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591
~-2
TEMECULA
REGIONAL CENTER
FIGURE lA
AERIAL PHOTOGRAPH
TEMECULA
REGIONAL CENTER
K.C.D.C.
27555 Ynez Road, Suite 202, Temecula, Ca. 92591
II-3
FIGURE lB.
'VICINITY MAP
TEMECULA
K.C.D.C. ' 27555 Ynez Road, Suite 202, Temecula, Ca. 92591
FIGURE 2
Campos Verdes Specific Plan (S.P. 1). This 135-acre project is currently being reviewed by the City
for a Change of Zone 5617. Upon approval, the Change of Zone will permit a range of residential
densities as well as limited commercial and office uses. The Campos Verdes site exists as a large
vacant area zoned Rural Residential (R-R) and Heavy Agriculture (A-2-20).
Existing land use development in the area is limited with most of the nearby development occurring
in the Ynez Road corridor. This development includes a mix of light manufacturing, auto sales and
service, office and retail centers.
2. Land Use Plan
The proposed Temecula Regional Center Specific Plan project development requests approval of
Specific Plan No. 263, and Change of Zone No. 5589 from R-R and A-2-20 to "Specific Plan Zone".
Approval of these development requests will establish the instruments for implementation of the
comprehensive development proposal. The Temecula Regional Center Specific Plan combines retail,
office, hotel, regional mall or retail commercial core, institutional, mixed use residential and
business park uses with a road network in a comprehensive plan. The Temecula Regional Center
will be a quality mixed-use commercial center, designed to reflect a mixed concept responding to
urban trends in the Temecula and neighboring Rancho California areas. The Temecula Regional
Center will be constructed in compliance with a site design that is consistent with applicable City of
Temecula Ordinances, development standards and policies. The Specific Plan is designed to
consider access links, compatible land use 'transitions with neighboring properties, views and
landform relationships.
As indicated on Figure 3, Specific Land Use Plan, a total of 201.3+ acres are proposed for
development.
3. Pro,iect Ob, iectives
It is the intent of the Temecula Regional Center Specific Plan to be unified in overall theme, but
varied in individual character and to provide complimentary land uses. Specific objectives are as
follows:
Consider topographic, geologic, hydrologic and environmental opportunities and constraints
to create a design that generally conforms to the character of the land by retaining and
utilizing basic existing landform as much as possible.
* Establish a development that results in logical coordinated growth.
Provide backbone infrastructure systems and public facilities to support development in an
efficient and timely manner.
Reinforce the community identity of the project vicinity through control of project design
elements such as architecture, landscaping, site planning, color, paving, walls, fencing,
signage, and entry treatments and through a viable circulation network.
II-5
* Provide commercial, office, business park, and institutional uses that will strive to accommo-
date an appropriate share of the projected community and regional work force.
Develop an environment that is visually attractive and efficiently and effectively organized,
including a pleasing landscape palette.
Maintain consistency with the City's/County's Noise Element by properly mitigating noise
generating uses that exceed the maximum suggested dBa level.
Respond to the rapidly growing office, retail, and shopping center market demand with a
strong commercial and office program, including major regional shopping, highway, mixed
use and community shopping areas, including potential hotel or restaurants to serve both the
local and visitor population.
Attract commercial uses that will serve community needs and the needs of the surrounding
area while supplying an employment base for local residents of Temecula and Riverside
County, conveniently located to minimize commuting distances.
4. Pro, iect Phasing
The entire Temecula Regional Center is projected to be developed within an approximated ten-year
period. Future area demographics and market trends would have significant influence on actual
project development completion. Preliminary scheduling for the commercial core portion of the
project calls for its completion within a five to seven year period.
Specific plan phasing will guide the timing and sequencing of development in accordance with
grading, infrastructure requirements and infrastructure availability.
The thrust of the phasing program is to provide flexibility in order to deal effectively with dynamic
market trends and conditions.
In that development within each phase is infrastructure dependent, development within phases can
occur concurrently or consecutively, providing adequate consideration for infrastructure has been
given.
II-6
III. SPECIFIC PLAN
A. DEVELOPMENT PLANS AND STANDARDS
PLANNING OBJECTIVES
This Specific Land Use Plan is being prepared within the framework of a detailed and comprehen-
sive multi-disciplinary planning program. In addition to considering issues such as engineering
feasibility, market acceptance, economic viability, development phasing and local community goals,
certain planning objectives were targeted to assure the environmental compatibility, aesthetic
satisfaction and functional integrity of the Specific Plan as a whole. With these goals and objectives
in mind, the Temecula Regional Center Specific Plan:
Considers topographic, geologic and hydrologic environmental opportunities and constraints
to create a design that generally conforms to the character of the land by retaining and
utilizing basic existing landform as much as possible.
Reflects anticipated marketing needs and public demand by providing a range of commercial
mixed-uses which will be marketable within the developing economic profile of the
Temecula area, as well as the County of Riverside generally.
Provides a variety of commercial development, such as office, institutional, retail, and hotel
uses along with an efficient pedestrian and automobile circulation network in a convenient
and effigient manner.
Provides direct access to future subdivisions via Interstate 15 and Winchester Road and
provides planning provisions for a safe and efficient circulation system composed of a
network of planned local roadways designed for appropriate traffic and user needs.
Constructs all required on-site and off-site infrastructure improvements in order to provide a
coordinated development schedule consistent with surrounding land uses and in accordance
with requirements and needs of local utility and service districts.
Creates a safe and attractive central community development, designed to enhance public
interaction that will be an asset to the City of Temecula and the Rancho California
community. Flood control improvements will be installed, and sound structural design
practice and energy conservation measures will be encouraged.
llI-1
B. EIR SUMMARY MATRIX
The EIR Summary Matrix for the Temecula Regional Center has been incorporated into the
Mitigation Monitoring Program for the project and may be found following the gMitigation
Monitoring Program$ divider in this volume (i.e., Volume I).
11-7
1. Specific Land Use Plan
a. Project Description
Temecula Regional Center is envisioned as a high quality, commercial center, offering the
convenience of retail, office, business park, institutional, mixed use residential and hotel uses, along
with a well planned circulation system, pedestrian walkways to generate accessibility in a convenient
and efficient manner. Through a strong cohesive design, the Temecula Regional Center will provide
regional commercial opportunities to residents of the Temecula community.
The Temecula Regional Center property will be identified and unified through design elements such
as architecture, signage, landscaping, color, walls, fencing and entry treatments consistent with
themes already established in the area. Variability of design will be allowed, so that individual
development areas will be identifiable and compatible with the overall project and will be able to
establish their own individual design character.
The plan is illustrated in Figure 3, Specific Land Use Plan, and is summarized on Table I, Detailed
Land Use Summary. For specific information regarding the Planning Areas, please refer to Section
re.B, Planning Area Development Standards and Zoning Regulations.
The proposed land uses within the Specific Plan include:
RETAIL COMMERCIAL CORE: The Retail Commercial Core will add an additional 1,375,000 square
feet of gross leasable floor area, and will become a significant landmark for Temecula and Riverside
County. Due to future market trends, land uses within this document referring to "Retail
Commercial Core", may possibly be developed as either a "Regional Mall", or as more traditional
commercial "Power Centers".
RETAIL-' Detached clusters of retail uses will comprise approximately 298,000 square feet of gross
leasable floor area throughout the entire site.
OFFICE/INSTITUTIONAL/BUSINESS PARK: Office, business park, and institutional uses will consist
of approximately 810,000 square feet of gross leas able floor area. Institutional uses envisioned may
include quasi-public agencies, local, state, or federal offices (i.e. postal service, economic
development, social services, museum, library, etc.).
RESIDENTIAL: Residential uses will be limited to Planning Area 1 only and shall be implemented as
freestanding multi-family residential development and/or mixed use residential flats over office or
commercial uses.
HOTEL: The project proposes one or more hotels with a total of 375 rooms and possible conference
facilities.
11I-2
TABLE I
DETAILED LAND USE SUMMARY
MIXED USE 1 .25-1.0 71.97
RETAIL COMMERCIAL CORE/SuPPORT RETAIL 2 .25-1.0 97.80
ROADS -- I -- 26.04
ROADS: Major roadways totaling 26.04+ acres will be implemented in conjunction with the
proposed project. The Riverside County Master P1an of Streets and Highways, as utilized by the City
of Temecula, will adequately serve traffic volumes for both the site and region. The project will
ultimately be bordered to the east by Margarita Road, an Arterial roadway (110' R.O.W.), and to the
north and west by Winchester and Ynez Roads, Urban Arterials (134' R.O.W.). Site traffic will be
handled by a hierarchial roadway system consis[ing of Arterial, Major, Secondary, Collector and
Local Roadways. Internal, on-site traffic will be handled by a flexible private roadway system
designed to adequately handle the traffic created by the project. Loop Street "A", a special project
roadway will provide interior traffic to higher traffic carrying Major and Arterial Roadways. (See
Figures 4, 5A, and 5B, Master Circulation Plan and Roadway Cross-Sections.) Class li bicycle
trails will be provided along Ynez Road, Margarita Road, and Winchester Road.
WINCHESTER ROAD TRANSPORTATION CORRIDOR: A 25-foot-wide transportation corridor shall be
provided adjacent to the Winchester Road right-of-way. This corridor is intended to provide
undetermined future opportunities for transportation uses including Light Rail Transit (LRT), bus-
only lanes and High Occupancy Vehicle (HOV) lanes. If this corridor is not developed with
transportation uses, then it shall be preserved along with 12 feet within the Winchester Road fight-
I Range of allowable level of development for individual planning areas within the Specific Plan area.
IH-4
b. Land Use Development Standards
In order to ensure orderly and sensitive development, the specific land uses described above will
require infrastructure, public services, and facilities and special techniques or mitigation in each
Planning Area to accommodate the uses proposed and provide adequate transportation to
neighboring uses. Project-wide development standards have been prepared to manage implementa-
tion of general or unique conditions in each Planning Area. General standards are listed below. For
specific Planning Area standards, see Section m.B.
1) The total Specific Plan shall be developed on 201.3+ acres, as illustrated on Figure 3, Specific
Land Use Plan. Generally, the uses permitted shall include retail commercial, office, business
park, institutional, mixed use, and multi-family residential dev, elopment.
2)
Uses and development standards shall be in accordance with the zoning regulations
established for this Specific Plan as well as the Planning Area Development Standards, Sec.
BI.B, and shall be defined by Specific Plan objectives, future detailed tract maps,
development plans and potential conditional use permits as appropriate.
3)
The development of the property shall be in accordance with the mandatory requirements of
all Temecula City Ordinances and state laws and shall conform substantially with approved
Specific Plan No. 263 as filed in the office of the City of Temecula Planning Department,
unless otherwise amended.
4)
Prior to issuance of a building permit for construction of any use contemplated by this
approval, the applicant shall first obtain clearance form the City of Temecula Planning
Department that all pertinent conditions of approval have been satisfied implementing cases
of the Specific Plan for the phase of development in question.
5)
An environmental assessment shall be conducted for each tract, development plan, Specific
Plan Amendments or any other discretionary permit required to implement the Specific Plan.
At a minimum, the environmental assessment shall utilize the evaluation of impacts
addressed in the EIR prepared for this Specific Plan.
6)
Parcels created pursuant to this Specific Plan and tentative maps shall be in conformance with
the development standards of the "SP" zone applied to the property through implementation
of this Specific Plan.
7)
A City change of zone application, which would constitute a Specific Plan Amendment, may
be required, as determined by the Planning Department with a subsequent development
application if the proposed use varies substantially from the use(s) provided for by the zoning
standards established by this Specific Plan.
8)
Design features such as special architectural treatment, perimeter and interior landscaping,
should encourage public gathering places, plazas, sitting areas and areas for public art and
11I-6
9)
11)
12)
13)
water elements, and buffering of parking lot/loading zone areas will be incorporated into
project design to minimize any potential conflict between business park/office/institut-
ional/commercial uses.
Passive solar heating techniques will be employed wherever possible within the project.
Passive solar systems do not utilize sophisticated hardware. Passive systems involve orienting
buildings properly, adequate insulation, and simple heat storage systems, including such
elements as dual-paned windows.
Roadways, infrastructure, flood control improvements areas and other public facilities
features may be coordinated by and paid for through an assessment or community services
district or area to facilitate construction, maintenance and man, agement.
Final development intensities for each Plan. ning Area shall be determined through the
appropriate development application up to the maximum intensity identified based upon, but
not limited to the following:
a) Adequate availability of service;
b) Adequate access and circulation;
c) Sensitivity to landforms;
d) Innovation in building types, design, conservation or opportunities, and
e) Sensitivity to design through appropriate parcel and street layouts.
Prior to the issuance of building permits, improvement plans for developed common open
space areas, including construction, planting and irrigation plans, shall be submitted for
Planning Department approval for the stage of development in question. These landscape
improvement plans shall be prepared and reviewed for substantial conformance by a licensed
Landscape Amhitect.
For the security and safety of future users the applicant and/or developer shall incorporate the
following design concepts into site plans for individual planning area:
a) Circulation for pedestrians, vehicles, and police patrols;
b) Lighting of streets, walkways, and commercial areas;
c)
Visibility of plazas, building entrances, pedestrian walkways and windows from the
street and between buildings; and
d) Fencing heights and materials including landscaping that serve security needs.
15)
16)
Comrnon areas identified in the Specific Plan may be owned and maintained by permanent
master maintenance organizations, to assume ownership and maintenance responsibilities for
all common areas, circulation systems, and landscaped areas. The organizations may be
public or private. The maintenance organizations if established, shall be established prior to
or concurrent with recordation of the first land division, or issuance of any occupancy permits
for any approved development permit.
Maintenance associations, if formed, will be established as follows:
The master commercial property owners' association (sometimes known as Reciprocal
Easement Agreement) shall be charged with the unqualified fight to assess their own
individual owners who own individual parcels for reasonable Ilaaintenance and management
costs which shall be established and continuously maintained. The property owner's associa-
tion shall be responsible for private roads, parking, open space areas, signing, landscaping,
irrigation, common areas and other responsibilities as necessary.
Mitigation measures for environmental msoumes (paleontology and biology studies, etc.)
shall be implemented as identified in the Environmental Impact Report, in applicable
Planning Areas.
Specific Plan 263 is located within thirty (30) miles of Mount Palomar Observatory. Light
and glare may adversely impact operations at the Observatory. Outdoor lighting shall be from
low pressure sodium lamps that are oriented and shielded to prevent direct illumination above
the horizontal plane passing through the laminar.
111-8
2. Circulation Plan
a. Plan Description
Figure 4, Circulation Plan, illustrates the project roadway concept, based on the City of Temecula
Master Plan of Highways, input from the City Public Works Department and the project Traffic
Analysis (including subsequent Addenda) prepared by Wilbur Smith & Associates (see Section
VI.F., Technical Appendices). The main objective of the Circulation plan is to provide direct and
convenient access to individual planning areas through a safe and efficient network of roads~'
including Arterial, Secondary, Collector and Local Roadways. Typical roadway cross-sections are
shown on Figures 5A and 5B.
The project Traffic Analysis estimates that 64,850 vehicle trips per 'day will be generated by the
project (Please refer to Section V.D.).
b. Circulation Plan Development Standards
1)
The proposed project includes an efficient and safe circulation design that will accommodate
traffic from land uses as well as public safety, security and public transportation needs. The
Master Circulation Plan outlined in the project Traffic Analysis (see Section VI.F. Technical
Appendices) will serve as the composite Circulation Plan for the Temecula Regional Center
Specific Plan. All on-site roadway improvements illustrated will be phased in accordance
with this plan.
2)
Major roadways should be implemented as non-access roadways, with smaller collector
streets serving the commercial clusters.
Provisions will be made for a safe and efficient urban trail and sidewalk network, providin~
pedestrian and bicycle cimulation in conjunction with the roadway network. A sidewalk
system will be developed along Winchester Road, Margarita Road, Ynez Road Overland
Drive and along Collector Streets. Pedestrian traffic should be separated from vehicular
traffic. The pedestrian sidewalk network within each planning area shall provide easy access,
and convenience, linking commemial nodes and public gathering places.
4)
The subdivision shall comply with the street improvement recommendations/mitigation
outline in the project Traffic Analysis (See Section V.D).
5) Specific roads (shown in Figure 4) will be constructed as:
Urban Arterial (134' ROW) - Winchester Road, Ynez Road
Arterials (110' ROW) - Margarita Road
Major Road (100' ROW) - Overland Drive
6)
7)
8)
9)
10)
11)
13)
The Temecula Regional Center project shall be required to provide for internal cimulation
within and through the project site. This may be accomplished by implementing either one of
the following cimulation options, or a combination of certain aspects of both options.
Regardless of which circulation design concept is applied, primary circulation aisles should
be designed with a high degree of access control to reduce vehicle conflicts and maintain
positive flow characteristics. Parking shall also be restricted along primary circulation aisles.
a)
Perimeter Ring Road Option. This circulation option is commonly used for
traditional regional mall layouts and provides an on-site access restricted circular'
road near the outer perimeter of the project site. The ring road, which generally
surrounds the mall core and adjacent parking areas, distributes traffic to and from
principal access points on the site rather than along the arterial streets.
b)
Radial Road Option. This circulation option provides for on-site traffic distribution
within large commercial centers where a traditional mall-type core does not exist
(e.g., Promotional Centers, Power Centers, etc.). In this option, a radial network of
on-site roads distribute traffic to a number of smaller clusters of commercial nodes.
Landscaping requirements will be determined based on street width. (See Figures 14 through
21, which depict various roadway landscape requirements.)
Major roadway improvements may be managed through an assessment district or similar
financing mechanisms.
Class II bike lanes will be provided per City standards on Winchester, Margarita, and Ynez
Roads.
All roads shall be constructed to City standards, as a requirement of the implementin~
subdivisions for the Specific Plan, subject to approval by the City Public Works Department.
The project shall comply with the conditions and requirements set forth by the City Public
Works Department.
Upon preparation and submittal of detailed site plans, tract maps or intemai circulation plans,
it may be necessary and/or desirable to make minor modifications to access driveway
locations, and specific operational characteristics (e.g., restricted movements) at potential
access driveways. Such design issues would have to be reevaluated based on more detailed
development plan and prevailing traffic conditions. Minor deviation from anticipated
roadway characteristics within this Specific Plan will not require an amendment of this plan,
and are encouraged to provide the most safe and efficient circulation solution.
This Specific Plan proposes five crossings through the Winchester Road transportation
corridor. Two of these crossings would be located at major intersections. The remaining
m-il
three minor crossings would provide right-turn-only access into Planning Areas 1 and 2 (see
Figure 4, Circulation Plan). This proposal does not comply with the current Memorandum of
Understanding (MOU) between the City of Temecula and Caltrans as to the location and
spacing of minor access points along Winchester Road. However, the MOU did not
necessarily consider a complete range of mitigating access design solutions; therefore, all
minor roadway crossings and minor access points across the Winchester Road transportation
corridor proposed for the Temecula Regional Center must be approved by both Caltrans and
the City of Temecula before being implemented.
14) Bus turnouts will be provided at appropriate locations within the Temecula Regional Center
subject to approval by the City of Temecula and, if necessary, the Riverside Transit Agency
(RTA). These turnouts shall be constructed to City standards, provision of bus turnouts will
change the location of the street curb face. This will decrease the landscape width at bus
turnout locations within the Landscape Development Zones (LDZ's) proposed in this Specific
Plan (see Section IV. for Specific Design Guidelines). No increase in LDZ width shall be
required at bus turnouts.
111-12
/
134'
URBAN- ARTERIAL
~(Winchester Road)
:~.'::':="1~._~ _.-... ....... : ...... :..... ..... .~. .......:....:.%._~-~, .............,~ ...= ... =.. .....
£!:.. :'.':,:;:~...:- ,. :., ;T:-'_.~.", ·: .:-..' .*,' ::' :.'.'...': .'*:' :..'.'. ..... ""' ":.~::...7:..:.-...:.'.'. ..... :7.:.. '.~ ~.'.'.o' .:,.::,..:-:.:-.::.'.,.~.~..: ·
12''~ 46' '~' 10' ~' 46' 'al' 12'
134'
URBAN -"ARTERIAL
(Ynez Road)
R OA D WA Y
CROSS. SECTIONS
TEMECULA
REGIONAL CE1WCER
K.C.D.C.
27555 Ynez Road, Suite 202, Temecula, Ca. 92591
I]I-13
FIGURE 5A
110'
ARTERIAL'
(Margarita Road)
100'
. .MAJOR
(Overland Drive)
ROADWAY
CROSS SECTIONS
K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591
111-14
TEMECULA
REGIONAL CENTER
FIGURE 5B
3. Drainage Plan
a. Plan Description
This site is within the boundaries of the Riverside County Flood Control and Water Conservation
District's Murrieta Creek Area Drainage Plan. Assessment District 161 has planned improvements
for the Santa Gertrudis Creek Channel. The first phase of these improvements has been completed.
The proposed Drainage Plan in Figure 6, utilizes the project streets, parking lots and storm drains to
conduct storm water. A storm drain system is proposed to carry storm water that exceeds the streev-
capacity. The actual size and location of the drainage system will be determined at the tract map
stage of development per the requirements of the Riverside County Flood Control District. No
diversion of drainage is contemplated.
The pipe sizes noted on the Drainage Plan are based upon the hydrologic analysis and are
preliminary.
b. Drainage Plan Development Standards
1)
Drainage and flood control facilities and improvements including necessary channelizations
shall be provided in accordance with Riverside County's Flood Control and Water
Conservation District and City Public Works requirements.,
2)
It is anticipated that major backbone drainage/flood control facilities will be maintained by
the County Flood Control District.
3)
Based upon the F.E.M.A. maps dated May 1, 1984, the 100-year floodplain extends
southward from Santa Gertrudis Creek to, and in some areas south, of Winchester Road.
Upon completion of the AD-161 improvements to the Santa Gertrudis Creek, the City shah
request that the F.E.M.A. maps be modified to remove these areas from the floodplain.
4)
All drainage facilities for this project shall conform to the requirements and standards of the
Riverside County Flood Control and Water Conservation District.
5)
The project developer shall pay drainage fees in accordance with the Murrieta Creek Drainage
Plan.
6)
Erosion control measures shall be implemented during construction in order to prevent
exposed soils from erosion during periods of heavy rainfall. Soil on graded slopes shall be
strengthened by planting to reduce the potential of erosion. During the interim period before
the ground cover takes hold, straw, wood chips and plastic (visqueen) can be used as
stabilizing agents.
HI-15
d
4. Water and Sewer Plans
a. Water and Sewer Plan Description
The Temecula Regional Center Specific Plan area is located within the Rancho Califomia Water
District (RCWD) water service area. RCWD has indicated that adequate water service can be
provided for the proposed project with the existing facilities (wells and storage tanks) and the
extension/addition of water mains.
The proposed regional water distribution and storage system improvements for the project area are
shown on Figure 7, Water Plan. The plan for providing water service to the area is based on
RCWD's existing facilities and is compatible with future upgrades/extensions. Figure 7 shows
proposed water distribution lines for the project.
Eastern Municipal Water District is in the process of Master Planning a District-wide reclaimed
water system, although no reclaimed water lines or facilities currently are available in the project
area. EMWD will require the project to construct reclaimed water lines on-site so that when the
regional system is complete, the project can ultimately utilize reclaimed water for certain types of
irrigation.
The Temecula Regional Center Specific Plan area is located within the Eastem Municipal Water
District 0EMWD) which is the governing agency with regard to the sewer services. EMWI) has
indicated that adequate sewer service can be provided for the proposed project with the existing
sewer lines and extension of the sewer facilities.
Sewage generated from the Temecula Regional Center Specific Plan area will be treated at the
EMWD Temecula Valley Regional Water Reclamation Facility. The treatment plant currently has a
capacity of 3.4 million gallons per day (Mgd) with an expansion to 4.2 Mgd currently under
construction. The plant is in the planning stages to expand to 6.5 Mgd.
The proposed regional wastewater collection facilities which will serve the project area are shown on
Figure 8, Sewer Plan. The proposed facilities are in accord with current EMWD master planning.
Proposed on-site facilities are also shown on Figure 8.
Per the EMWD design guide, the average sewage generated for commercial developments is 3,000
gallons per day per gross acre, with a peaking factor of 2.0.
This project will be served by the existing 15" sewers in Winchester Road and Ynez Road, and new
10" sewers in Margarita Road. New 10" and 15" sewer lines will be installed in Overland Drive and
other new sewer lines will be installed on the site in the approximate locations shown on Figure 8.
III-17
1)
2)
3)
4)
5)
6)
Water and Sewer Plan Development Standards
All water and sewer lines shall be placed underground.
All lines will be designed per the Eastern Municipal Water District's and Rancho California
Water District's requirements.
The infrastructural system will be installed to the requirements of the Eastern Municipal
Water District and Rancho California Water District. '= ~
Water and sewerage disposal facilities shall be installed in accordance with the requirements
and specifications of the Riverside County Health Department,.
The project will comply with EMWD requirements for installment of on-site reclaimed water
lines, as required.
Please refer to Sec. V.D.2, Public Facilities and Services, of EIR No. 340, for related issues
and mitigation.
IlI-20
5. Grading Plan
a. Grading Plan Description
The Temecula Regional Center Grading Plan, as shown on Figure 9, reflects the conceptual approach
to be utilized as a basis for Tract Map development. It is intended that the proposed site slope from
the northeast to the southwest to facilitate drainage flows to the double 7'x5' reinforced concrete box
(see Figure 9, Grading Concept).
According to NBS[Lowry, the project civil engineer, the project site design will utilize as much as
1.6 million cubic yards of import from the adjacent development project to the east, referred to in
this document as Campos Verdes. This figure may vary significant, ly as final grading plans are
developed based on land use. The Grading Concept establishes a basis for appropriate treatment of
drainage requirements and accommodates a street system that meets City of Temecula standards for
acceptable grades.
b. Grading Plan Development Standards
1)
All grading activities shall be in substantial conformance with the overall Grading Concept
plan (Figure 9), and shall implement any grading-related mitigation measures outlined in:
Seismic Safety (Sec. V.C. 1.), Slopes and Erosion (Sec. V.C.2.) and Preliminary Geotechnical
Investigations (Sec. VI.B.).
2)
Prior to any development within any area of the Specific Plan, an overall Conceptual Grading
Plan for the portion in process shall be submitted for Planning Department approval. The
Grading Plan for each area shall be used as a guideline for subsequent detailed grading plans
for individual stages of development within that area, and shall include: Techniques
employed to prevent erosion and sedimentation during and after the grading process';
approximate time frames for grading; identification of areas which may be graded during
higher probability rain months (January through March), and preliminary pad and roadway
elevations.
3) All streets shall have a gradient not to exceed 15%.
4)
Slopes exceeding five feet (5') in vertical height shall be hydromulched, prior to final
acceptance and prior to the beginning of the rainy season (October - March).
5)
Prior to initial grading activities, a soils report and geotechnical study shall be performed that
further analyze on-site soil conditions and include appropriate measures to control erosion
and dust. (See Preliminary Geotechnical Investigations, Section VI.B.).
Ill-21
6)
Where cut and fill slopes are created higher than three feet (3'), detailed landscaping and
irrigation plans shall be submitted to the Planning Department when grading plans are
submitted for approval. The plans shall be reviewed for type and density of ground cover,
shrubs and trees.
7) Graded slopes shall be oriented to minimize visual impacts to surrounding areas.
8)
The overall shape, height and grade of any cut and fill slope shall be developed in concert
with the existing natural contours and scale of the natural terrain of a particular site. '~"
9)
Potential brow ditches, terrace drains or other minor swales, determined necessary at future
stages of project review, shall be lined with concrete.
10) Graded, but undeveloped land shall be maintained weed-free and planted with interim
landscaping within 90 days of completion of grading, unless building pen-nits are obtained.
Cut and fill slopes shall be constructed at inclinations of not steeper than two (2) horizontal
feet to one (1) vertical foot unless otherwise approved by the City.
12)
Grading shall not be permitted prior to approval of grading permits for the development area
in question.
~3)
If any historic or prehistoric remains are discovered during grading, a qualified archaeologist
should be consulted to ascertain their significance.
14)
Prior to any on-site grading, artifacts occurring at site (Sec. V.C. 15., Archaeology of EIR)
should be collected.
III-23
6. Landscaping Plan
a. Plan Description
As illustrated on Figure 10, Landscape Plan, project landscaping will play an important role in
maintaining project design themes, while emphasizing community continuity.
It should be noted that this Section, Landscaping Plan, is general in scope and detail. Furthermore,
detailed landscaping concepts and plans are included within the Design Guidelines portion of thi's"
text (Section IV.E, Landscape Guidelines).
Entry monumentation will provide initial definition for the site,, and will be viewed when
approaching the site from Winchester Road, Margarita Road, Ynez Road, and Overland Drive. Once
within the site, entry monumentation will continue to be present at all key intersections. That
monumentation will be developed in a hierar~:hical format consisting of Regional Center
Monuments, Major Entry Monuments, Minor Entry Monuments, Commercial Core Entry
Monuments and Secondary Office/Hotel Entry Monuments which will provide initial identification
for each commercial planning area.
Landscaping within the project site itself will articulate community design elements. Individual
commercial areas of development enclaves will also be distinguished by varied planting themes.
Special treatments, including land use transition areas, will be provided between certain planning
areas identified in Planning Area Development Standards (Section III.B0.
Landscaping will be used to identify the hierarchy of the street system, from major access roads to
interior streets, creating definite landscaped corridors. This is accomplished by careful consideration
of the relationship between street and plant materials characteristics, such as size, form, texture and
color. Specific arrangement of plant materials creates a definite feeling of character which reinforces
this identity. (See Figures 14 through 21.)
Plant materials utilized along the roadways have been chosen to enhance the image of the area as a
whole. The species chosen, as identified in Landscape Guidelines & Planting Guidelines (Section
IV.E.), will adapt well to dry environments.
b. Landscaping Plan Development Standards
1)
All detailed landscaping programs for planning areas and roadways will be prepared by a
qualified landscape architect for review by City staff as part of the development plan review
process.
2)
Project entry statements have been designed with landscaping and architectural treatments
that project a high quality image for the Regional Center development.
III-24
NOTE: A 25-foot-wide Transportation
Con'idor will be provided adjacent
to the Winchester Road right-of-way.
Circled numbers reference Figure
numbers where treatment occurs.
2
LANDSCAPING
PLAN
TEMECULA
REGIONAL CENTER
27555 Ynez Road, Suite 202, Temecula, Ca~ 92591
III-25
FIGURE 10
3)
4)
5)
6)
7)
8)
9)
Special treatment areas will be designed to provide definition to certain Planning Areas as
identified in Section IV.E.
Major entrance roads into the Temecula Regional Center Specific Plan area will have planted
medians and landscaped shoulders to define the project's design concept. The introductory
landscape theme will include elements such as tree clustering to reinforce the project theme
and character.
Planted raised medians (according to Ordinance 461 Standard No. 113) may be establishtd'-
within any roadway right-of-way as long as access and safety criteria can be met.
Developments surrounded by walls or fences extending more, than 100 feet along a public
thoroughfare shall screen those walls or fences with appropriate plantings. Fencing and wall
design will be closely controlled and will be complemented with landscaping.
The landscaping design for the site will include trees, berms, shrubs, turf and ground cover
compatible with natural vegetation on-site, where feasible.
Prior to issuance of building permits, improvement plans for the respective landscaped areas
or plans to mitigate an environmental impact for that stage of development shall be submitted
to the City Planning Department and the TCSD for approval. The improvement plans shall
include, but will not be limited to, the following:
Final grading plan.
Irrigation plans.
A landscaping plan with seed mixes for mulching and staking methods; locations,
type, size and quantity of plantings.
A hardscaping plan with location and type and quantity of potential recreational
amenities/facilities (in medium, medium-high density areas).
Fence treatment plans.
Special treatment/buffer area treatment plans.
At the time of recordation of any final parcel map which contains common greenbelt or open
space areas, the Parcel Map shall have those common areas conveyed to the master property
owners association or appropriate private maintenance entity (either in fee title or as an
easement).
The applicant and/or developer shall be responsible for maintenance and upkeep of all slope
planting, common landscaped areas and irrigation systems until such time as these operations
are the responsibility of other parties.
III-26
If the 25-foot-wide Winchester Road transportation corridor is not developed with
transportation uses, then the entire 37-foot-wide area extending from the curb of Winchester
Road to the outer edge of the transportation comdor right-of-way shall be developed as a
Landscape Development Zone (LDZ). The LDZ shall be privately maintained.
111-27
7. Project Phasing Plans
a. Project Phasing Plan Description
The Temecula Regional Center will be phased over a 10-year period or longer, in response to market
demands, according to a logical and orderly extension of roadways, public utilities and infrastructure.
(See Figure 11, Conceptual Phasing Plan, and Table Il, Development Phasing.)
Due to changing market demands and evolving economic development strategies, this phasing plan'
is developed only as a guideline for City review and monitoring. Future market demands may
appropriately dictate varying approaches to phasing, which shall be reviewed by the City for
consistency with overall City and Specific Plan goals for a logical extension of development in the
area.
b. Project Phasing Standards
1)
Prior to issuance of building permits, improvement plans for the respective landscaped areas,
or plans to mitigate an environmental impact for that stage of development, shall be
submitted to the City Planning Department for approval. The improvement plans shall
include, but are not limited to the following:
Final grading plan.
Irrigation plans.
A landscaping plan with seed mixes for mulching and staking methods, locations,
type, size and quantity of plantings.
Fence~eatment plans.
Special treatment/buffer area treatment plans.
2)
The phasing sequence shown is conceptual, based on current market demand. Certain
planning areas may be developed out of the expected sequence, as long as the required
infrastructure and services are provided at the time of development.
in-28
TABLE II
DEVELOPMENT PHASING
I
Commercial Core/Shopping Re- I 2
tail
I
.25-1.0
97.80
~Mixed Use I gl ] ?.0'25-1!.0'0
71.97
5/19
Range of allowable level of development for individual planning areas.
These dates reflect estimated construction commencement but may vary significantly.
Roads will be phased incrementally as necessary to adequately serve the project.
m-29
8. Maintenance Plan
Successful operation of maintenance districts and associations are important in maintaining quality
in the project area. It is anticipated that maintenance responsibilities for common project facilities in
the Temecula Regional Center will be conducted by a Master Business Park Association or similar
entity. This decision regarding maintenance assessment will be made at a futura stage of project
design and review in concert with City agencies.
a. Master Regional Center Association
All common areas identified in the Specific Plan shall be owned and maintained by a permanent
private master business park association which shall assume qwnership and maintenance
responsibility for all internal circulation systems and landscaped areas.
b. Project Roadways
All public roadways within the Temecula Regional Center will be designed and constructed to
standards acceptable to the City of Temecula and will therefore be entered into the City system of
roadways for operation and maintenance.
III-31
B. PLANNING AREA DEVELOPMENT STANDARDS
Development standards and zoning regulations for the Temecula Regional Center have been
established at three levels: General Development Provisions, which were addressed in Sec. ]]~;
Design Guidelines, provided in Sec. IV; and Planning Area Development Standards to which this
section is devoted.
Planning Areas were selected on the basis of logical, separate units of development. Criteria
considered in this process included uniformity of use as it pertains to zoning and relationship to:'
adjoining development and surrounding topography.
The Planning Area graphics for this section (Figures 12A-E) were derived from the Landscape Plan
(see Figure 10). Although development may conform closely to some elements of the illustrative
plans provided in Section IV, it is anticipated that actual site planning will not be determined until
the Tract Map stage or Development Plan stage.
The Specific Plan Zoning Ordinance is contained in Section m.c of this Specific Plan document.
The zoning provisions within the Ordinance establish use restrictions for each Planning Area. The
zoning provisions should be used in conjunction with the planning standards for each respective
Planning Area.
Prior to approval of any Development Plan within a Planning Area, a Design Manual for the
Planning Area or Sub-Area shall be submitted. The Design Manual shall be processed with a
Development Plan and approved at public hearing by the Planning Commission. As a minimum, the
Design Manual shall contain all of the design criteria normally required to be submitted in
conjunction with Development Plan Review and shall consider and integrate the design elements
listed for each Planning Area.
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1. Planning Area 1
a. Descriptive Summary
Planning Area 1, as depicted in Figure 12A, consists of 71.97 gross acres, devoted primarily to
mixed uses including retail, office, hotel, institutional, and residential uses. The commercial, office,
and institutional development within this planning area will serve the needs of area residents, while
maintaining compatibility with a residential environment. A maximum of 300 multi-family dwelling
units shall be permitted in Planning Area 1. These dwellings may either be constructed as free~"
standing structures or integrated into the same building with office and commercial uses.
1) Mixture of Uses
It is the intent of the mixed use development in Planning Area 1 of the Temecula Regional
Center to allow for a mixture of commercial/office/institutional and residential uses. The
mixed use development is designed to encourage active street frontages and a comfortable,
human-scaled environment that creates a fully functioning shopping street complex (i.e., a
"Main Street"). This Main Street will be integrated into the overall mixed use development in
Planning Area 1 and will be connected by both streets and pedestrian walkways to the
planned retail development in Planning Area 2. The Main Street will be an easy and quick
walk away from offices and residences in the Temecula Regional Center, allowing both
workers and residents to take advantage of the convenient, locally available shopping
opportunities. A conceptual illustrative site plan depicting the Main Street concept in
Planning Area i is shown in Figure 12B. A detailed view of the Main Street is illustrated in
Figure 12C.
While retail development may be the primary land use in Planning Area 1, it is envisioned
that this planning area will also include additional employment opportunities such as office~
and personal service shops and businesses. Institutional and hotel uses may be integrated
physically into mixed use structures or constructed as separate buildings.
Residential uses may be integrated into the same structure as non-residential uses.
Residential uses and entries should constitute not more than 30% of the ground floor of any
of these buildings. In areas which do not directly face onto the shopping street(s),
freestanding residential buildings may be constructed. It is also anticipated that some free-
standing residential structures will also be erected in Planning Area 1.
III-33
~z<o
uJ
plaza
focal point
MAIN STREET
CONCEPT
(DETAIL)
K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591
storefront areas
pedestrian orientation
TEMECULA
REGIONAL CENTER
FIGURE 12C
I~-36
pl~za
focal poim
MA~N STREET
CONCEPT
(DETAIL)
K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591
1II-36
storefront areas
pedeslrian orientation
TEMECULA
REGIONAL CENTER
FIGURE 12C
In planning for mixed use development, consideration shall be given to joint use of parking,
common areas, landscaping, specific types of uses, housing types and sizes of units, and
overall architectural design.
111-37
Planning Area 1 development is proposed
as a logical extension of the central com-
mercial corn activity in Planning Area 2,
and a transition between Planning Area 2
and the adjacent residential property to the
east. Institutional uses to be encouraged
within Planning Area 1 include local, state
or federal level services (i.e., postal ser-
vice, economic development, social ser-
vice, library, museum, etc.), if there is a
need or demand for such uses.
Pedestrian connection to adjacent
Temecula Regional Center uses and
D
2) Building Scale and Planning Area Design
Development in Planning Area 1 should
not resemble a typical suburban shopping
center or strip commercial plaza. The
retail and office uses in Planning Area 1
may be arranged in a "U"-shaped configu-
ration around a public green similar to
traditional public greens, or in a linear
fashion to form a "Main Street" with shops
and offices oriented directly onto the
street.
Internal roadway circulation (which may
be implemented by a perimeter ring road
or other similar roadway configuration)
will be provided around the Main Street
area to facilitate traffic flow in and through
Planning Area 1. The internal roadway
system will distribute traffic to and from
principal access points on the site
~ 4 - lane capacity (typ.)
m-38
rather than on nearby arterial streets. This ring road may also connect Planning Area 1 with
Planning Area 2.
Limited on-street parking may be provided on portions of the internal roadway system, but in
areas where the roadways cross parking areas, no on-street parking shall be allowed. The
primary internal access roadway system will most likely be four lanes in width. The Main
Street, on the other hand, will be limited to two through lanes (one in each direction) in order
to foster a pedestrian scale.
Individual buildings within Planning Area 1 may range in height up to 120 feet, provided that
building setbacks and configurations for all structures in excess of 50 feet in height shall be
determined by the City during Development Plan Review to en,sure that adequate light access
and air is available to adjacent structures. Typically, buildings should maintain a pedestrian
scale adjacent to the shopping street. For example, the portion(s) of a building that abuts a
public street may be two or three stories in height. Additional building stories could
progressively step back as the building height and number of stories increases. Not only will
such architectural design permit light and air access to surrounding areas and ensure a
pedestrian scale near ground level, but the massiveness of the building will be substantially
reduced.
Separate building entrances shall be required for commercial/office/institutional and
residential uses when occupying the same structure; provided that this provision does not
preclude internal connections between residential and non-residential uses.
3) Intensification
In order for the concept of a "Main Street" to truly function, development of a certain density
and intensity is necessary. Greater intensification of land use in this planning area provider
the opportunity for innovative architectural design and landscaping. The higher concentra-
tions of people will also increase the feasibility of mass transit to serve the site.
Residential uses will be limited to free-standing buildings containing single family attached or
multi-family homes or vertically integrated buildings containing residential units over office
and/or commercial uses. Because of the increased residential density in this area, it is
important that recreational amenities be provided for residents. Freestanding residential
structures, in particular, should contain recreational facilities such as spas, swimming pools,
basketball courts, and weight rooms. These facilities may be provided within buildings or, if
provided outside, may be arranged in interior courtyards or in walled-in enclosures in interior
parking lots. Special consideration should be given to locating facilities with respect to the
noise, activity, and light that they will generate.
111-39
freestanding multi-family ·
with internalized parking
commercial/offieef~nstitufional
uses (typ) with optional
residential on upper story
4)
Parking Design
Limited on-street parking may be provided in Planning Area 1, particularly along the "Main
Street." On-street parking spaces are intended for people running errands and are "short-
term" spaces. These spaces may be metered to discourage people from parking in them for
longer than an hour or two. Parking lots should be placed in the interior of individual parcels
so that the appearance of the development from the street is of buildings and plazas, not
111-40
5)
6)
parking lots (see Figure 12B). These interior parking lots are intended for "long term"
parking.
The parking facilities should not be the dominant visual image of the project. Vast expanses
of paving for parking, without the visual relief of landscaping, are highly discouraged. Joint-
parking arrangements between commercial, office, and institutional uses are encouraged to
minimize the number of parking spaces required to serve the development and avoid
proliferation of parking lots. In addition, completely separate parking areas should be
provided for residences. ~
Incentives for Innovative Design
Up to 300 multi-family dwellings can be erected in this planning area to provide housing
opportunities for employees of the various businesses within the Temecula Regional Center
Specific Plan. Conversely, the planned commercial uses will enable project residents to do
their shopping by foot. The mixture of residential and non-residential land uses are designed
to decrease the traffic generated by project development.
The pedestrian scale of the project will be enhanced by plazas, courtyards, sidewalk cafes,
public mini-parks, pedestrian easements, and overall project landscaping. Pedestrian linkages
will be provided between uses within Planning Area 1 and between Planning Area 1 and the
larger retail uses in Planning Area 2.
Retail and service commercial uses could predominate on the first floor of the buildings, with
offices and/or residential uses concentrated on the upper floors or behind the commercial
uses. Vertically-integrated buildings offer the opportunity to provide affordable housing.
Pedestrian-Oriented Design
The small size of Planning Area 1 will encourage pedestrian movement between uses, while
de-emphasizing automobile use. Retail uses are encouraged on street level to provided
streetscape contiguity and visual interest for pedestrians. Continuous expanses of blank walls
or sharp unbroken vertical surfaces create an uncomfortable atmosphere for the pedestrian.
The mixed use area should incorporate the following elements of good pedestrian-oriented
design:
Pedestrian Circulation: Link interior parking areas and lots to city streets, city-wide
open spaces (e.g., plazas, mini-parks, pedestrian malls, etc.) and the City's trail
system to facilitate travel by walking, biking, or other non-motorized means.
Building Facades: The design of building facades, particularly those facades that
face public streets, should be architecturally interesting and in scale with the
pedestrian. Storefront windows are encouraged in retail shops and, in most cases,
should begin within 18" to 24" of the pavement. Typically, storefront windows help
m-41
7)
to entice customers into stores, stimulate visual interest, create "defensible space" by
enhancing public views of store interiors and streets, and establish a predictable
rhythm for passers-by. The scale and width of each storefront should be limited to
establish an intimate scale that is more conducive to the pedestrian and cyclist than to
the automobile. In general, storefront widths should relate to a human scale. Where
storefronts must be large to accommodate specific uses, the building facades could
be articulated with windows, insets, pillars, columns, arcades or other decorative
architectural features to maintain the overall intimacy of the shopping street.
Signage: A coordinated signage plan for development can facilitate pedestrian and
vehicular movement throughout the planning area, without "visually assaulting" the
senses. Signage should be designed at a scale that i$ not overpowering from the
pedestrian's perspective. For example, small signs with a unique texture, shape, or
interesting features can be more effective than large, massive, or glaring signs. This
Temecula Regional Center Zoning Ordinance contains comprehensive signage
criteria for uses within Planning Area 1 (see Section III.C.1. in this Specific Plan).
Streetscape Design: To encourage human activity and movement, streets should be
designed with the pedestrian in mind. Continuity in landscape design, placement of
street furniture, sitting areas, covered arcades for shelter against the sun and
inclement weather, lighting, and paving patterns all contribute to creating a rich,
functional, and aesthetically pleasing environment for pedestrians.
Pedestrian Plazas: All areas of Planning Area 1, and the Main Street in particular,
should be designed with pedestrian gathering spots and should include plazas and
pocket parks for resting, eating, conversing, and people watching. Pedestrian plazas
that are effectively placed within retail and office districts can be pleasant spaces for
resting or having lunch between shopping trips or errands. Placement of pedestrian
plazas must be carefully planned to assure their most effective use. For this reason,
consideration must be given to the location of plazas relative to the pedestrian
circulation patterns, sunlight conditions, wind patterns, and the selection of building
and landscape materials.
Organization of Activities: The most important element in creating viable pedestrian
spaces has little to do with the actual physical design of the space; if a space is to be
conducive to pedestrian activity, there must be opportunities for pedestrian events
and activities. Therefore, efforts to planning and organizing festivals, events, special
sidewalk sales, entertainment, and cultural displays should be made to help create
desired pedestrian activity. Private marketing efforts should be encouraged to
promote these types of community events.
Signage
III-42
This Specific Plan includes a comprehensive signage program for the mixed use develop-
ment. The program includes retail commercial entry monumentation, building identification
signage, marquee signage, and directional signage. Although the signage criteria contained in
the Zoning Ordinance in this Specific Plan includes maximum permitted sign sizes, the
individual sign that identifies a given use should be consistent with the scale and mass of the
building on which it is located or which it identifies. Specific signage materials should be
uniform throughout each individual development within Planning Area 1.
8) Transit Alternatives/Options
9)
One of the primary objectives of establishing mixed use development within the Teinecula
Regional Center Specific Plan is the creation of a density threshold and a mixture of uses that
is capable of supporting transit alternatives to the automobile. Bus turnouts shall be provided
at appropriate locations within Planning Area 1, subject to approval by the City of Temecula
and, if necessary, the Riverside Transit Agency. Additional transit corridor right-of-way
adjacent to Winchester Road on the western edge of the planning area will allow space for
development of a mass transit system (e.g., light rail, etc.) should such a system ever be
constructed.
Village CenterRvlain Street Development Area
The Village Center/Main Street concept shall apply to between 10 to 15 acres within Planning
Area 1. Blocks within the Main Street area shall be defined by a public street grid system.
The remainder of the planning area could be developed in a conventional fashion pursuant to
market demand if a continuation of this concept is determined to be infeasible by the City.
b. Land Use Development Standards
Please refer to the Zoning Ordinance in Section m.c of this Specific Plan.
c. Planning Standards
1)
In compliance with the goals and policies of the City's General Plan, Village Center Overlay
and Land Use Element Goal 5 - Policies 5.5 through 5.10, it is important to create a quality
environment which establishes a sense of place through careful consideration and integration
of the following design elements:
a) Pedestrian orientation.
b) Pedestrian linkage.
c) Narrow streets and driveways with pedestrian paseos and wide sidewalks.
111-43
d)
e)
g)
h)
Features such as paseos, arcades, plazas, courtyards, squares, galleries and outdoor
cafes to encourage gathering.
Gathering places such as pavilions, parks and bandstands. Festivals, entertainment,
street vendors, outdoor markets and other special events should be encouraged.
Incorporation of fountains and water bodies.
Unique architectural and landscape architectural themes for identity. ' ....
Careful parking orientation.
m-44
2)
4)
5)
6)
8)
It is important to note that not all uses allowed in Planning Area 1 are necessarily expected to
occur. For this reason, some of the above design features may not be appropriate nor
economically feasible. For this reason, only the concept of a "Main Street" is discussed in
depth above. Additional options for possible development in Planning Area 1 are discussed
in Section IV, Design Guidelines, in this Specific Plan.
Access into Planning Area 1 will be provided from Margarita Road, Overland Drive, and
Winchester Road.
One (1) minor entry crossing is proposed through the Winchester Road transportation corridor
into Planning Area 1. This minor crossing would provide right-mm-only access into this
Mixed Use Planning Area (see Figure 12A). This proposal s~all comply with the current
Memorandum of Understanding (MOU) between the City of Temecula and Caltrans as to the
location and spacing of minor access points along Winchester Road.
Special roadway landscape treatments, as those depicted in Figures 14, 18, and 20, Landscape
Architecture Guidelines (Sec. IV.E.) shall be provided along Winchester Road, Margarita
Road, and Overland Drive.
Major Entry Monumentati0n as depicted in Figure 23, Landscape Architectural Guidelines,
shall be provided at the intersections of Winchester Road and Margarita Road, and Margarita
Road and Overland Drive, and along Margarita Road and Winchester Road.
Minor Entry Monumentation, as depicted in Figure 25, Landscape Architectural Guidelines,
shall be provided along Winchester Road, Margarita Road, and Overland Drive.
Please refer to Sec. IV. for Specific Design Guidelines and other related design criteria.
Please refer to Sec. I]I.A. for the following Development Plans and Standards that apply site-
wide:
III.AA - Specific Land Use Plan
II~.A.2 - Circulation Plan
IlI.A.3 - Drainage Plan
lil. A.4 - Water and Sewer Plans
III.A.5 - ProjectPhasingPlan
lll. A.6 - Grading Plan
III.A.7 w Landscaping Plan
]]I.A.8 - Maintenance Plan
III-45
2. Planning Area 2
a. Descriptive Summary
Planning Area 2, as depicted in Figure 12D, consists of 97.80 gross acres of vacant land proposed as
the central commercial core of the Temecula Regional Center. This development area has the
greatest visual and circulatory access from the 1-15 freeway, and has been assembled as a key
element to the Land Use Plan. The land uses envisioned for this Planning Area include, but are not
limited to either a regional mall or more traditional commercial power center, and support retail uses.
b. Land Use Development Standards
Please refer to the Zoning Ordinance in Section m.c of this Specific Plan.
c. Planning Standards
1)
Access into Planning Area 2 will be provided from Winchester Road, Overland Drive, and
Ynez Road.
2)
Two (2) minor entry crossings are proposed through the Winchester Road transportation
corridor into Planning Area 2. These minor crossings would provide right-turn-only access
into this Planning Area (see Figure 12D). This proposal does not comply with the current
Memorandum of Understanding (MOU) between the City of Temecula and Caltrans as to the
location and spacing of minor access points along Winchester Road. However, the MOU did
not necessarily consider a complete range of mitigating access design solutions; therefore, the
minor roadway crossings into Planning Area 2 across the Winchester Road transportation
corridor must be approved by both Caltrans and the City of Temecula before being
implemented.
3)
Special roadway landscape treatments, such as those depicted in Figures 14, 16 and 20,
Landscape Architecture Guidelines (Sec. IV.E.) shall be provided along Winchester Road,
Ynez Road, and Overland Drive.
4)
Major Entry Monumentation, as depicted in Figure 23, Landscape Architectural Guidelines,
shall be provided along Winchester Road and Ynez Road.
5)
Minor Entry Monumentation, as depicted in Figure 25, Landscape Architectural Guidelines,
shall be provided along Winchester Road, Overland Drive, and Ynez Road.
6) Please refer to Sec. IV. for Specific Design Guidelines and other related design criteria.
7)
Please refer to Sec. m.A. for the following Development Plans and Standards that apply site-
wide:
III.AA - Specific Land Use Plan
m.A.2 - Circulation Plan
m.A.3 ~ Drainage Plan
III. AA - Water and Sewer Plans
Ill. A.5 - Project PhasingPlan
II/.A.6 - Grading Plan
m.A.7 - Landscaping Plan
III.A.8 - Maintenance Plan
Ill-46
Z
o
m-48
=o~
C. ZONING ORDINANCE
The following regulations shall apply in the Mixed Use Zone of Planning Area 1, and the
of Planning Area 2 ..................................... t,
Commercial/Support Commercial Zone ' ~_.~ .~.~ D,,~ .... D~V 7 .... ~m~
1. Uses Permitted
The following uses are permitted in the Mixed Use Zone of Planning Area 1, and the
Commercml/Support Colnmerc~al Zone of Planmng Area 2,. .................................. ~,
A~ea~3, provided a development plan has been approved pursuant to City Ordinances. Where
indicated with a letter "P" the use shall be a permitted use. Where indicated with a "X", the use is
prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to
the approval of a Conditional Use Permit.
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 1~ and 2 and 2
Planning Area
DESCRIPTION OF USE
Aerobics/Dance/Jazzercise/Martial
Arts Studios
(less than 5,000 sq. ft.) P P G
Aerobics/Dance/Jazzercise/Martial
Arts Studios
(5,000 sq. ft. and greater) P P G
Alcoholism or Drag Abuse
Recovery or Treatment Facility (six
or fewer) P X X
Alcoholism or Drag Abuse
Recovery or Treatment Facility
(seven or more) X X X
Ambulance Services P P g
Animal Hospital/Shelter C C (3
Antique Restoration C C G
Antique Sales P P X
III-50
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas IT and 2 and 2
Planning Area
DESCRIPTION OF USE
1 2 3
Apartment Houses, Stacked Flats
and Multiple-Family Dwellings,
including Stacked Flats built over
or in conjunction with Commercial
or Office Uses. P X X
Appliance Stores, Household P P G
Art Supply Shops and Studios p p ia
Auction Houses P P G
Auditoriums and Conference
Rooms P P la
Automobile Parts and Supply
Stores P P ~
Automobile Repair Garages, not
including Body and
Fender Shops or Spray Painting C P ~
Automobile Repair Garages with
Body and Fender Shops or Spray
Painting C C X
Automobile Sales and Rental
Agencies C P :X
Bakery Goods, Distribution P P la
Bakery Retail P P G
Banks and Financial Institutions P P la
Barber and Beauty Shoos P P la
Bars and Cocktail Lounges, not
including Establishments with Live
Entertainment C P G
III-51
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 17 and 2
Planning Area
DESCRIPTION OF USE
I 2
Bars and Cocktail Lounges when C C
Associated with Live
Entertainment
Bicycle Sales and Rentals P P
Billiard and Pool Halls C P X
Blueprint and Duplicating and p p ia
Boat and Other Marine Sales X P
Book Stores and Binders P P
Boarding, Rooming and Lod~,ing X X
Bowling Alleys P P
Building Materials Sales Yards C C
Car Washes P P
Carpet and Rug Cleaners X X G
Catering Services P P ia
Ceramic Sales and Manufacturing
for on-site sales, provided the total
volume of kiln space does not
exceed 16 cubic feet. C C
Churches, Synagogues and Other
Similar Religions Structures and
Facilities including Incidental Uses
such as Assembly, Work Rooms,
Living Quarters of a Priest,
Minister or Family, and Day Care
and Educational Facilities C C G
Cleaning and Dveine Shops P P
Clothing Sales P P X
III-52
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 17 and 2 and
Planning Area
DESCRIPTION OF USE
1 2
Communications and Microwave X X
Installations
Computer and Typewriter Sales
and Rental, including Incidental
Repaks P P
Confectionery or Candy Stores P P
Convenience Stores, not including
the Sale of Motor Vehicle Fuel P P X
Convenience Stores, including the
Sale of Motor Vehicle Fuel C C
Costume Design Studios P P
Dance Halls C C
Day Care Centers and Facilities P P
Delicatessens P P
Department Stores P P
Discount Stores and Membership
Warehouse Clubs C P
Drive-In Movie Theaters X C
Drag Stores and Pharmacies P P
Dry Cleaners P P
Dry Goods Stores P P
Educational Institutions (Public) C C
Educational Institutions (Private) C X
III-53
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 1~ and 2 an~ 2
Planning Area
DESCRIPTION OF USE
1 2 3
Electrical Substations C C G
Employment Agencies P P Ia
Entertainment Lounges C C ~
Equipment Rental Services,
including Rototillers, Power
Mowers, Sanders, Power Saws,
Cement and Plaster Mixers not
exceeding I0 cubic feet in
capacity, and Other Similar
Equipment C C ~
Escort Bureaus C C X
Exercise, Health and Fitness
I Centers P P G
Facilities for the Mentally
Disordered, Handicapped or
Dependent or Neglected Children
(six or fewer) P X ~
Facilities for the Mentally
Disordered, Handicapped or
Dependent or Neglected Children
(seven or more) X X X
Feed and Grain Sales P P X
Fire and Police Stations P P t
Florist Shops P P X
Fortune Telling, Spiritualism or
Similar Activity C C X
Furniture Transfer and Storage X X Ia
III-54
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 17 and 2 and 2
Planning Area
DESCRIPTION OF USE
1 2
Gasoline Service Stations, not
including the concurrent sale of
beer and wine for off-premises
consumption P P ~
Gasoline Service Stations,
including the concurrent sale of
beer and wine for off-premises
consumption C C ;g
Gift Shops P P ~
Golf Cart Sales and Service P P ~
Hardware Stores, including not
more than 1,000 sq. ft. of Outside
Storage P P
Hardware Stores, with more than
1,000 sq. ft. of Outside Storage C C
Heliports C C
Hobby Shops P P
Hotels, Resort Hotels and Motels P P
Household Goods Sales, including
but not limited to New and Used
Appliances, Furniture, Carpets,
Draperies, Lamps, Radios and
Television Sets, including Repair
Thereof P P
Ice Cream Parlor P P
Interior Decorating Service p p
Ii
III-55
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas
Planning Area
DESCRIPTION OF USE
1 2
Jewelry Stores, including
Incidental Repairs P P
Labor Temples P P
Laboratories, including but not
limited to Film, Dental, Medical,
Research or Testing P P
Launddes, Drycleaners and
Laundromats P P
Leather Goods Stores P P
Liquid Petroleum Service Stations,
not including the concurrent sale of
beer and wine, provided the total
capacity of all tanks shall not
exceed 10,000 gallons P P
Liquid Petroleum Service Stations,
including the concurrent sale of
beer and wine for off-premise
consumption, provided the total
capacity of all tanks shall not
exceed 10,000 gallons C C
Liquor Stores P P
Locksmith Shops P P X
Mail Order Businesses P P la
Manufacturer's Agents P P la
III-56
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 1~ and 2 an~ 2
Planning Area
DESCRIPTION OF USE
1 2
Manufacturing of products similar
to, but not limited to, the
following:
X X
Custom-made product, processing,
assembling, packaging, and
fabrication of goods within
enclosed building, such as jewelry,
furniture, art objects, clothing,
labor intensive manufacturing,
assembly, and repair processes
which do not involve frequent
track traffic.
Markets, including but not limited
to Food, Wholesale, Produce, Fruit,
Vegetable, Fish, and Poultry and
Meat Markets, but not including
Slaughtering P P
Massage Parlors, Turkish Baths
and Similar Personal Service
Establishments C C
Mini-Storage or Mini-Warehouse C C
Mobilehomes, provided they are
kept mobile and licensed pursuant
to State law, used for sales office
on mobilehome sales lots;
construction offices and caretaker's
quarters on construction sites for
the duration of a valid building per-
mit, provided they are
inconspicuously located; or
caretakers or watchmen and their
families, provided no rent is paid,
where a permitted and existing
commercial use is established. Not
more than one mobilehome shall be
allowed for a oarcel of land or a C C
1II-57
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas IT and 2 an~ ~
Planning Area
DESCRIPTION OF USE
I 2 3
shopping center complex
Multiple Family Residences P X ~
Music Stores P P ~
Musical and Recording Studio P P Ia
News Stores P P Ia
Notions or Novelty Stores P P ~
Nurseries and Garden Supply
Stores C C ~
Office
Equipment/Supplies/Sales/Services p p ia
Offices, including but not limited
to Business, Law, Medical, Dental,
Veterinarian, Chiropractic,
Architectural, Engineering,
Community Planning and Real
Estate, and Insurance P P Ia
Paint and Wallpaper Stores, not
including Paint Contractors P P ~
Parcel Delivery Services X X ia
Parking Lots and Parking
Structures C C ia
Pawn Shops C C X
Pest Control Services X X ia
Pet Shops and Pet Sul~t~lv Shops
III-58
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas
Planning Area
DESCRIPTION OF USE
1 2
and Pet Grooming P P
Photocopying Services and Stores p p ia
Photography Shops and Studios
and Photo Engraving P P
Plumbing Shops, not including
Plumbing Contractors P P
Postal Services P P ia
Printers or Publishers p p ia
Public Uses and Buildings
including City Halls, Civic Cen-
ters, Police Stations, Paramedic
Facilities, Libraries, Court Houses
and other similar Public Facilities P P ia
Public Utility Buildings and
Structures, not including Outside
Storage C C
Radio, Microwave and Television
Receiving Antennas, Dish
Antennas and Flag Poles P X
Radio and Television Broadcasting
Studios C C
Recreational Vehicle Trailer, and
Boat Storage
(within an enclosed building) X X ia
Recreational Vehicle Trailer, and
Boat Storage X X
1II-59
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas 1~ and 2 an~ 2
Planning Area
DESCRIPTION OF USE
1 2
(exterior yard)
Recycling Collection Facilities P P G
Residential Care Facilities for the
Elderly (six or fewer) P X X
Residential Care Facilities for the
Elderly (seven or more) P X X
Restaurants and Other Eating
Establishments, not including
Drive-in or Drive-thru Restaurants
or Restaurants with Bars/Cocktail
Lounges that Offer Live
Entertainment P P G
Restaurants and Other Eating
Establishments with Drive-ins or
Drive-thins or Bar/Cocktail
Facilities that Offer Live
Entertainment C C X
Retail Support Use (up to 15% of
total development square footage) NA NA
Sale, Rental, Repair or
Demonstration of Motorcycles,
Scooters and Motorbikes C C X
Schools, Business and
Professional, including but not lim-
ited to Art, Barber, Beauty, Dance,
Drama, Music and Swimming P P
Shoe Shine Stand P P
Shoe Stores and Repair Shops P P X
Signs, On-sita Advertising P P
III-60
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas ls and 2 and
Planning Area
DESCRIPTION OF USE
I 2
Sporting Goods Stores P P
Sports and Recreational Facilities,
not including Motor Drive
Vehicles and Riding Academies,
but including Archery Ranges,
Athletic Playgrounds, Sports
Arenas, Skating
Rinks, Stadiums and Commercial
Swimming Pools C C G
Stationer Stores P P
Stations, including Bus, Light Rail,
Trolley and Taxi P P
Swap Meets C C
Tailor Shops P P
Telephone Exchanges p p
Theaters, not including Drive-ins P P
Tire Sales and Service, not
including Recapping P P
Tobacco Shops P P
Tourist Information Centers P P
Toy Shops P P
Travel Agencies P P
Track Sales and Services C P
Ixlxl
III-61
TABLE IIA
SCHEDULE OF PERMITTED USES
Planning Areas
Planning Area
DESCRIPTION OF USE
Watch Repair Shops p p
Wedding Chapels C C
Wholesale Businesses with
samples on the premises, but not
including Storage P P
LEGEND
P = Permitted Use
C = Conditional Use
X = Prohibited Use
NA = Use Not Applicable to Planning Area Indicated
Any use that is not specifically listed in Table IIA, above, may be considered a permitted use
provided that the Planning Director finds that the proposed use is substantially the same in
character and intensity as those listed in the designated subsection. Such a use is subject to the
permit process which governs the category in which it falls.
Accessory Uses. An accessory use to a permitted use is allowed provided the accessory use is
incidental to, and does not alter the character of, the principal permitted use, including, but not
limited to: Limited manufacturing, fabricating, processing, packaging, treating and incidental
storage related thereto, provided any such activity shall be in the same line of merchandise or
III-62
services as the trade or service business conducted on the premises and provided any such activity
does not exceed any of the following restrictions:
The maximum gross floor area of the building permitted to be devoted to such accessory
use shall be twenty-five percent (25%).
(2)
(3)
The maximum total horsepower of all electric motors used in connection with such
accessory use shall be five horsepower (5 hp).
The accessory use shall be so conducted that noise, vibration, dust, odor, and all other
objectionable factors shall be reduced to the extent that there will be no annoyance to
persons outside the premises. Such accessory use shall be located not nearer than fifty
feet (50') to any residential zone.
(4) Accessory uses shall be conducted wholly within a completely enclosed building.
2. DEVELOPMENT STANDARDS
The following standards of development shall apply in the Mixed Use Zone of Planning Area 1,
Commercial/Support Commercial Zone of Planning Area 2, and the Business Park Zone of Planning Area
3:
a. Lot Area: There is no minimum lot area requirement.
b. Setbacks:
Where the front, side or rear yard adjoins a street, the minimum building setback shall be
twenty-five feet (25') from the right-of-way line. A minimum of ten feet (10') of this
setback adjoining the street shall be landscaped. The minimum building setback from
streets and the landscaping requirement may be reduced or eliminated on a case-by-ca_se
basis by either the Planning Director or an appropriate hearing body as part of the
Development Plan Review process. Where the front, side or rear yards of interior parcels
adjoin residential uses, such parcels shall be subject to Development Plan Review.
(2)
Where the side or rear yard adjoins a lot with a use other than those specified in
paragraph "(1 )" above, there is no minimum setback.
(3)
Setback areas may be used for driveways, parking and landscaping, except parking is not
allowed within the 25-foot-wide Transportation Corridor.
Height Requirements: The height of all structures, including buildings, shall not exceed one
hundred twenty feet (120'); provided, however, that building setbacks and configurations for all
structures in excess of fifty feet (50') in height shall be determined by the City during
Development Plan Review to ensure that adequate solar access, as well as light and air, is
available to adjacent structures.
II1-63
Masonry Wall: Prior to occupancy of any use permitted in this Ordinance, a minimum six foot
(6') high solid masonry wall or combination landscaped earthen berm and masonry wall shall be
constructed on each property line that adjoins any parcel specifically zoned for residential use;
provided, however, that no wall or berm shall be required if a mixed-use development is planned
such as stacked flats over commercial or office uses.
Landscaping:
(1)
A minimum of fifteen percent (15%) of the site proposed for development shall be..
landscaped and irrigated. Landscaping in setback areas shall count towards the fifteen
percent (15%). Landscaping in the transportation corridor shall count toward the fifteen
percent (15%) in Planning Areas 2 n~ 2
(2) Not less than ten feet (10') of the front yard setback shall be landscaped.
(3) Parking lot landscaping and shading shall conform to applicable City Ordinance.
Automobile Storage
PLANNING AREAS 1 AND 2
Retail Uses including: power centers, community
retail and neighborhood shopping centers, including
those with restaurants and cinemas
Regional Shopping Centers
Hotels and Motels
Offices including Financial Institutions
Five (5) spaces per 1,000 square feet of gross
leasable floor area
4.5 per 1,000 square feet of gross leasable area
One (1) space for each room and two (2) spaces for'
the resident manager
Four (4) spaces per 1,000 square feet of gross
leasable floor area.
III-64
PLANNING AREA 1 ONLY
For apartment houses, stacked fiats and multiple-family residential uses, including stacked fiats over
office or commercial uses, automobile space in Planning Area 1 shall bc provided as follows:
* Such spaces shall be located within two hundred feet (200') of the building to be served by these spaces. A minimum of one
(1) covered parking space shall be provided per dwelling unit.
PLANNING AREAS 17 & 2 & 3
Shared parking for developments with a combination of uses such as office, mixed-use, multiple-family
residences, apartments or flats will be permitted in all planning areas within the Temecula Regional
Center Specific Plan provided a share-parking study is prepared for the uses and approved by the City of
Temecula.
g. Automobile Loading. The number of loading and unloading spaces required are indicated on th.e
following table.
7,499 s.f. or less
7,500 - 14,999 s.fi
15,000 - 24,999 s.L
25,000 - 39,999 s.f.
40,000 - 59,999 s.fi
60,000 - 79,999 s.f.
80,000 - 100,000 s.f.
For each additional 100.000 s.f.. above
III-65
I 100,000 s.f. I I additional space I
Trash Collection Areas: Trash collection areas shall be screened by landscaping or architectural
features in such a manner as not to be visible from a public street or from any adjacent residential
area with the use of a six foot (6') high solid wall trash enclosure.
Mechanical Equipment: All roof mounted mechanical equipment shall be screened from the
ground elevation view to a minimum sight distance of one thousand three hundred twenty feet
(1,320% Screening shall be incorporated into the architecture with similar materials and finishes:'
Recycling Facilities:
(1) Recycling collection facilities shall be contained within a §tincture that is compatible with
surrounding structures in the area and with the architecture of the building or center in
which it is located.
(2) Recycling collection facilities shall be located at least one hundred feet (100') from any
residential uses; provided, however, that recycling processing facilities shall not abut any
existing or planned residential properties.
(3) Recycling collection facilities should not significantly decrease required parking or
disrupt parking lot cimulation. Sufficient drop-off sphce shall be provided around the
collection facility to accommodate the users.
(4) A trash receptacle of sufficient size must be provided for disposable containers in which
recyclable materials are brought to the collection facility, in order to minimize litter in the
area.
(5) Signing for recycling facilities shall conform to all applicable City roles and policies. '
(6) Space shall be provided on-site for the anticipated peak load of customers to cimulate,
park, and deposit recyclable materials.
Lighting:
(1) All lighting fixtures, including spot lights, electrical reflectors and other means of
illumination for signs, structures, landscaping, parking, loading, unloading, and similar
areas shall be focused, directed and arranged to prevent glare or direct illumination on
streets or adjoining property.
(2) The level of on-site lighting, as well as lighting fixtures, shall comply with all applicable
requirements of the City of Temecula and Mount Palomar Observatory, except as
otherwise permitted in Specific Plan No. 263.
(3) The maximum height for parking lighting fixtures shall not exceed forty feet (40').
On-Site Signs:
III-66
(1)
(2)
Retail Commercial Entry Monumentation
(a)
Primary entry monumentation signage is intended to identify anchor tenants and
shall not exceed an area of sixty-eight (68) square feet, nor shall the sign exceed
twelve feet (12') in height. The maximum sign area per tenant is forty-two (42)
square feet. Letter type styles and colors shall be reviewed and approved by the
City during the Development Plan Review process. Primary entry
monumentation signage shall be limited to major and minor entry points ....
(b)
Planning Area 2 Only: Primary entry monumentation signage shall be limited to
major and minor entry points; provided, however, that no more than one (1)
primary entry monument sign with a maximum height of thirty-six feet (36') may
be erected pursuant to approval by the Planning Commission.
(c)
Maximum tenant sign area for secondary tenant monumentation shall be equal
for each tenant and shall not exceed fifteen (15) square feet with a total tenant
signage area not to exceed sixty (60) square feet, nor shall the sign exceed six
feet (6') in height. Secondary tenants shall be defined as bt~sinesses with less
than 20,000 square feet of gross leasable area. Colors and letter type styles shall
be reviewed and approved by the City during the Development Plan Review
process. Freestanding monument signs shall have a minimum separation of two
hundred feet (200').
(d)
All monument signs shall include the address of the site. Numerals shall be no
larger than ten inches (10") and no smaller than six inches (6") in height. The
address shall not be calculated as sign area.
Retail Commercial Building Identification Signage
(a)
The surface area of building identification signage for anchor tenants shail not
exceed ten percent (10%) of the surface area of the front and side walls of the
building. Maximum letter height shall not exceed five feet (5') unless approved
by the City during the Development Plan Review process.
(b)
The surface area of building identification signage for anchor tenants shall not
exceed five percent (5%) of the surface area of the rear face of the building.
Maximum letter height shall not exceed five feet (5') unless approved by the City
during the Development Plan Review process.
(c)
Signage area for major and minor tenants (i.e., tenants with less than 20,000
square feet of gross leasable area) shall be limited to ten percent (10%) of the
surface area of the front and side walls of the building, and five percent (5%) of
the surface area of the rear building wall. Maximum letter height shall not
exceed forty-eight inches (48") and the maximum sign depth for major and
minor tenants shall not exceed five inches (5"), unless approved by the City
during the Development Plan Review process.
II1-67
(3)
(4)
(d)
All on-building fascia signage shall be coordinated with other signage within the
center. Letter height for shop and pad building tenants of zero to ten thousand (0
- 10,000) square feet of gross leasable area shall not exceed thirty-six inches
(36") in height and sign depths shall not exceed five inches (5"), unless approved
by the City during the Development Plan Review process.
(e)
Tenant Window Identification. Store identity, graphics, typography and/or
company logo may be silkscreened or etched on the tenant's window. Th_e.
maximum square foot graphic area allowed per window shall not exceed four (4)
square feet; provided, however, that in-store neon signage shall not exceed eight
(8) square feet in size. Signs will not be permitted on doors.
(0
Hanging Signs. No more than one hanging sign shall be erected per commercial
tenant. The maximum size for hanging signs, not including banners, pennants
and awnings, shall be four (4) square feet with four-inch (4") tall letters maxi-
mum.
(g)
Banners, Pennants and Awnings. Banners, pennants and awnings, or a
combination of the same, shall be permitted; provided, however, that such signs
are compatible in form, style and color with the design character of the
architecture. These signs shall be considered as building identification signage
and shall therefore be calculated as the allowed signage per frontage.
Office/Hotel/Institutional and Business Park Signage
(a)
Site identification signage shall be limited to identifying the complex, building,
or company occupying the site and shall be limited to one sign for every four
hundred (400) linear feet of street frontage, although one sign may be permitted
per minor or major entry.
(b)
Fully illuminated sign cans for office and institutional use signage shall not be
permitted, although signage may be illuminated by halo lit individual letters,
concealed ground level flood lights, or back cut letter signs in a metal can. Hotel
uses may utilize fully illuminated sign cans.
(c)
Signage for building addresses shall be provided on every main building,
preferably as close to the main entrance as possible. Numerals shall be no larger
than twelve inches (12") and no smaller than eight inches (8") in height. In no
event shall the numerals appear to be the dominant graphic device on the facade
of any building.
Leasing, Temporary and Directional Signage
(a)
Leasing, temporary, and future facilities signage shall be permitted provided the
maximum area does not exceed thirty-two (32) square feet, nor shall the height of
the sign exceed eight feet (8') above finished grade.
III-68
(5)
(6)
(b)
Multiple tenant directory signs and parking directional signage shall be permitted;
provided, however, that the maximum sign area does not exceed forty (40) square
feet or six feet (6') in height.
(c)
Temporary signs are those signs which advertise or promote a special event, such
as an opening, or offering of a new product or service and are easily removed.
Temporary window signs are allowed provided they meet the following criteria:
# Sign graphics of any nature painted directly on a window shall not be
considered a temporary window sign.
A window sign advertising or promoting,any product or service offered
on a regular basis or at a regular price shall not be considered a
temporary window sign.
Temporary window signs shall not be illuminated, shall be limited to
twelve percent (12%) of the tenant's storefront glass area, and shall be
displayed no more than fourteen (14) days.
# Flashing or moving signage is prohibited.
(d)
Directional signage shall be permitted; provided, however, that the maximum
sign area does not exceed six (6) square feet with an overall height not exceeding
three feet (3') above finished grade.
Marquee Signage
(a)
Permanent signage for all theaters, hotels, and special event facilities shall be
permitted and may be provided in the form of either theater monument signs
and/or marquee signs. These signs, if provided, shall consist of a permanent
portion displaying the name of the theater, auditorium, hotel or other special
event facilities and, if desired, may also include a changeable section
accommodating program information. These signs may be attached directly onto
the building; provided, however, that in no case, shall these signs extend above
the height of the predominant roofline of the building.
Prohibited Signage
The following forms and types of signage shall not be permitted within the Specific Plan
(a)
Signs which incorporate any manner of mechanical movement, audible elements,
flashing or intermittent lighting, and/or moving or otherwise animated forms.
(b)
Signs which interfere with or conflict with any traffic control device, create a
safety hazard by obstructing the clear view of pedestrian or vehicular traffic,
Ill--69
(7)
project into the public right-of-way or interfere with efficient operations of
emergency vehicles.
(c) Signs which prevent free access to or from any fire escape, door, window or exit,
or access to any standpipe.
(d) Signs which project above a parapet or roofline or which are located upon or
affixed to the roof of a building.
(e) Signs or graphics painted directly on the exterior facades of buildings.
(f) Landscaping or the use of annual or ornamental flowers that form a sign or
message.
(g) Signs where the entire face of the sign is illuminated rather than just the graphics,
except for hotel-related signage which may be fully illuminated.
(h) Graphics painted on or adhered to trash bins or their enclosures.
(i) Sign cabinets with entire faces of plexiglass.
(j) Any sandwich board "A" frame sign or other portable sign.
(k) Signs which identify or advertise a product or service not available on the
property.
(1) Any sign placed or displayed on vehicles parked primarily for the purpose of
displaying the sign.
(m) Temporary signs beyond the period of display approved by City Ordinance.
r~x Planning 2.rca 3 ~'" ~ ........ : ......~' ~ '~ ...... :~n ...... ~ ~^. ~ .... &
General Sign Specifications (for all _types of signage in all areas)
(a) All building-mounted signs shall meet or exceed all applicable city, state, and
federal codes.
(b) All signs containing electrical components shall be conform to the Uniform
Lighting Code.
(c) No on-site sign shall be affixed on, above or over the roof of any building, and
no on-site sign shall be affixed to the wall of a building so that it projects above
the parapet of the building. For the purposes of this section, a mansard style roof
shall be considered a parapet.
III-70
3. EXCEPTIONS TO DEVELOPMENT STANDARDS. The development standards contained herein,
except lot size, setbacks and height, may be waived or modified by either the Planning Director or an
appropriate hearing body as part of the development plan or conditional use permit process if it is
determined that the standard is inappropriate for the proposed use, and that waiver or modification of the
standard will not be contrary to the public health and safety.
III-71
IV. DESIGN GUIDELINES
A. PURPOSE AND INTENT
The Design Guidelines for Temecula Regional Center Specific Plan are designed to serve
as a method of achieving a high quality, aesthetically cohesive environment for the land uses
that will develop within Temecula Regional Center.
More specifically, the objectives of the Design Guidelines are:
To provide the City of Temecula with the necessary assurance that the Specific Plan
area will develop in accordance with the quality and character proposed in this
document.
To provide guidance to developers, builders, engineers, architects, landscape
architects and other professionals in order to maintain the desired design quality.
To provide guidance to City staff, the Planning Commission and the City Council in
the review of future development projects in the Specific Plan area.
To provide guidance in formulating Covenants, Conditions and Restrictions for the
use of land in the Specific Plan area.
- To provide guidance in formulating concise development plans for the various
planning areas within the Specific Plan boundaries.
The Design Guidelines document is intended to be flexible and is therefore illustrative in
nature. As a living document, the Guidelines can, over time, accommodate unanticipated
conditions, such as changes in lifestyles, economic conditions, community desires and the'
overall marketplace.
B. LANDSCAPE GUIDELINES
1. Landscape Architectural Guidelines
a. Introduction (See ~gure 13)
Temecula Regional Center complex image envisioned is that of a suburban/urban village
core. Landscape character is the most easily recognizable visual element for establishment
of Temecula Regional Center's image. This landscape character will be adaptable for the
various land uses such as office, retail, institutional and hotel. Therefore, overall goals
guiding this landscape development character are as follows:
1
2
Circled numbers reference
Figure numbers where treatment
Occurs.
CONCEPTUAL
LANDSCAPE
PLAN
TEMECULA
REGIONAL CENTER
K.C.D.C.
27555 Ynez Road, Suite 202, Temecula, Ca. 92591
IV-2
FIGURE 13
* Provide a distinctive landscape setting both complementing and contrasting with
surrounding land uses.
* Create a sense of arrival through use of entry monuments/gateways,
streetscenes/urban boulevards and medians.
* Define and facilitate both pedestrian and vehicular circulation.
* Allow for good vis~ility of businesses and retailers.
* Development of an environment visually attractive and efficiently organized.
* Buffer, through natural and man-made features retail/office/business uses from
nearby mixed density residential uses.
* Encourage and allow for pedestrian promenades and people places.
* Provide for thematic continuity through consistent use of contemPorary materials,
forms, signs and other graphic elements.
* Present a strong identity compatible with the Southern California environment;
climate, soils and horticulture.
Adherence to the landscape development character goals will establish the suburban/uthan
village core character of the Regional Center.
The landscape development character can be divided into five main landscape design areas
as follows: Streetscenes; Entry Monuments; Mall Option - Landscape Requirements; and
Commercial/Hotel/Office/Institutional Landscape Requirements. These five landscape'
design areas will be further discussed at greater length within the Landscape Architectural
Guidelines section with written summaries and graphic exhibits.
Within the Landscape Architectural Guidelines, streetscenes form the basic framework for
the landscape development character. With this in mind, generous Landscape Development
Zones (LDZ) are planned along all major and minor Regional Center Streetscenes. An
expanded landscape development zone allows for creation of the grand boulevard design,
an enhanced pedestrian circulation feeling, and for an. urban landscape treatment
articulating the distinctiveness of the Regional Center. In addition, streetscenes may also
act as a boundary, or a parkway buffer, or may transition between land uses.
Entry monuments are addressed in terms of hierarchy, location and specific application of
hardscape design configuration and landscape treatment within the Landscape Architectural
Guidelines.
IV-3
The above Landscape Architectural concepts will be subject to change based upon
marketing criteria and further design refinement during the Preliminary and final Landscape
Development Document process. Prior to recordation of the final map, all landscape plans
for construction, installation and completion of landscape improvement will be prepared by
the developer and approved by the Director of Community Services.
b. Streetscenes
Generous Landscape Development Zones (l.r)z) are proposed along all major and minor_.
Regional Center streetscenes. Landscape development created for Winchester Road, Ynez
Road, and Margarita Road, has an urban pattern which articulates land uses and forms a
dramatic visual framework for proposed offices and businesses and which clearly delineates
these as major circulation route sl~eetscenes. Reinforcing the hierarchy of streetscenes,
Winchester Road and Ynez Road design intent is to create the feeling of a grand boulevard.
Overland Drive contains elements of the major streetscenes, but has been simplified and
is denoted as a minor Regional Center streetscene. In addition, great care was exercised
in preserving the vis~illty of individual businesses along all perimeter streetscenes.
1) Winchester Road (See Figures 14 and 15)
The City of Temecula has adopted the County of Riverside's Southwest Area
Community Plan. This plan requires a twenty-five foot (25') wide Transportation
Corridor Easement along Winchester Road as a provision for future transportation
needs. This Transportation Corridor Easement will begin at the edge of the
Winchester Road right-of-way.
In addition, the California Depa, h~ent of Transportation (Caltrans) has designated
Winchester Road as a State Highway. Caltrans requires a thirty foot (30') ~ree
setback zone for large trees exceeding their specific tree size standards. One of
these standards states that only small trees with a four inch (4") trunk diameter at
a four foot (4') height may be planted within thirty feet (30') of the nearest travel
lane or within median islands. In addition, all landscape development shall conform
to Caltrans standards and be approved by Caltrans prior to implementation.
IV-4
PRIVATELY
EDGE OF
DRIVE LANE
m
Winchester Road will continue the grand boulevard thematic landscape treatment
proposed along the adjacent Temecula Regional Center, as Winchester Road is the
main freeway access to the project. A thirty-sevan foot (37') wide area shall be
reserved for the Transportation Corridor and parkway adjacent to the Winchester
Road curb. In the event that the City elects not to implement the Transportation
Corridor, a minimum thirty-seven foot (37') wide LDZ (as measured from the curb
of Winchester Road) shall be required. The landscape development associated with
the commercial land use strcetscene on Winchester Road consists of:
Formal linear backdrop of boulevard theme trees on forty foot (40') on center
spacing.
Random clustering of flowering parkway accent trees averaging at forty foot
(40') spacing.
Major monumentation.
Linear sidewalk paralleling the street.
Variable width turf or ground cover parkway.
Class II bike trail.
Twenty-five foot (25') Caltrans Regional Transportation Corridor (within a
portion of the thirty-seven foot (37') wide LDZ).
- Three-foot (3') high shrub screen at parking lots.
- Hardscape median island.
The Landscape Development Zone (LDZ) for Winchester Road street.scene shall
consist of a thirty-seven foot (37') landscape zone measured from the edge of the
curb. The LDZ incorporates an eight foot (8') turf parkway, a six foot (6') concrete
sidewalk paralleling the street, a seventeen foot (17') turf planting a. rea, and a six
foot (6') wide, three foot (3') minimum high, shrub screen along parking lots. Shrub
screen height will be optional at building locations. Parkways and LDZ's shall be
privately maintained. The median island shall be T.C.S.D. maintained.
2) Ynez Road (See Figures 16 and 17)
Secondary in importance only to Winchester Road, Ynez Road is also considered a major
Regional Center Streetscene where a high degree of visfoility is afforded of the Regional
Center and significant access points may be reached. The landscape development associated
with the Ynez Road streetscenes consists of:
Formal linear backdrop of boulevard theme trees.
Random clustering of flowering parkway accent trees averaging a 40' spac'mg.
Hierarchy of entry monumentafion.
Linear sidewalk at curbside paralleling the street.
PRIVAI~LY
MO~ ,0~ ~
Standard width turf or ground cover parkway
Three-foot (3') high shrub screen or three-foot (3') landscaped 4:1 berm along
parking lots - optional except when adjacent to parking areas.
Accent trees, accent shrubs and ground cover median island planting.
Variable width landscape buffer.
Class II Bike Trail
The Ynez Road thirty-two-foot (32') LDZ reflects s six-foot (6') concrete sidewalk at curb face
paralleling the street. There is a twenty-foot (20') width turf or ground cover parkway with'-a
six-foot (6') shrub and ground cover planting completing the thirty-two-foot (32') minimum
LDZ requirements. In lieu of the three-foot (3') high shrub screen, an option is for the twenty-
foot (20') turf and ground cover area to be increased to twenty-six feet (26') wide with a
landscaped berm attaining a three-foot (3') screen height along pa~king lots. All turf areas shall
not exceed a 4:1 slope ratio.
Shrub planting and parkway berms shall have a three-foot (3') minimum screen height along
parking lots, but screen heightwill be optional at building locations. Parkways and LDZ's shall
be privately maintained, with the median island being maintained by T.C.S.D.
3) Margarita Road (See Figures 18 and 19)
Margarita Road is the easternmost boundary of the Regional Center and is a major arterial
highway connecting various other "villages". In order to retain the continuity of the existing
Margarita Road streetscene; transition between a potential residential land use adjacent to the
Regional Center; allow visibility; and highlight the distinctiveness of the Regional Center; the
Landscape Development Zone associated with Margarita Road is as follows:
Formal triangular spaced street trees.
Sidewalks paralleling the street
Three-foot (3') high minimum shrub or three-foot (3') landscaped berm screen
along parking lots - optional except when adjacent to parking areas.
Accent trees, accent shrubs and ground cover landscaped median where it occurs.
Hierarchy of entry monumentation.
Uniform spacing of flowering median island accent trees.
Continued use of existing streetscene plant materials.
Class II Bike Trail
Margarita Road streetscene Landscape Development Zone (LDZ) is a minimum thirty-two feet
(32') wide which is consistent with the existing Margarita Road LDZ, This LDZ width may
increase when, or if, slopes adjoin these streetscenes. Parkway and median landscape
development zones will duplicate, except for tree palette and pattern,, those landscape
development zones described on Ynez Road. Parkways and LDZ's shall be privately
maintained with the median island being maintained by T.C.S.D.
IV-10
PRIVATELY
PRIVATELY OR
T.¢.S.D. UAINTAJNED
DEPENDINO ON
I. AND USE
4) Overland Drive (See Figures 20 and 21)
The landscape development treatment on Overland Drive will echo and retain some
common streetscene features found along the major streetscenes, thereby visually
completing the landscape framework surrounding the Regional Center. The landscape
development associated with Overland Drive will be as follows:
- Random clustering of street trees averaging a 40' spacing.
- Hierarchy of entry monumentation.
- Linear sidewalk at carbside paralleling the street.
- Standard width tuff or ground cover parkway.
- Three-foot (3') high shrub screen or three-foot (3') landscaped berm along parking
lots -optional except where adjacent to parking areas.
- All turf areas shall not exceed a 4:1 edge ratio.
The actual parkway landscape development zone along Overland Drive, excluding the tree
palette and pattern overstory, duplicates the parkway landscape development zone described
for Ynez Road. Parkways and LDZ's shall be privately maintained.
c. Entry Monuments
Regional Center entries consist of a thematic blend of consffuc~ion features, landscape
features, center identity signage and specialty lighting that conveys the urban village image
of the Temecula Regional Center. Entry monumentation shall be required at key focal
points throughout the Regional Center for consistent visual identity. EnUy monument
elements, including foreground planter walls, backdrop walls and theme tower or focal
sa'uctures, shall be optional items to be used in an appropriate, manner consistent with
building, architecture and signage, and subject to City staff review at the Plot Plan stage..
All entry monuments shall be privately mainta'med.
A hierarchy of center entries reinforces this unique thematic image throughout the project.
This hierarchy consists of the following:
Regional Center Monument
Major Entry Monuments
Minor Entry Monuments
Please refer to the Conceptual Landscape Plan (Figure 13) for specific locations.
IV-13
PRIVATE~.Y
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1) Regional Center Monument (See Figure 22)
The Regional Center Monument occurs at the junction of Winchester Road and Ynez
Road. Specialized design attention has been focused upon this location with the intent of
quickly establishing the unique image of the Regional Center. The unique image of the
Regional Center will be created with a thematic blend of hardscape and softscape features
such as:
Rolling turf grass foreground introducing the streetscene treatment.
Optional foreground planter wall for the presentation of the Temecula
Regional Center logo and graphic siguage.
Rolling earth mounds recalling the heritage of the ,surrounding countryside.
Optional backdrop wall
Formal backdrop of intersection theme trees.
Flowering blend of vines, shrubs, ground cover and annual color.
2) Major Entry_ Monument (See Figures 23 and 24)
These Major Regional Center entries occur at comer intersections of Winchester Road and,
Margarita Road. Major Regional Center Entries also occur at signalized Retail/Office and
Business Park entries along Winchester Road and Ynez Road.. The overall sense of entry
monumentation is created by a harmonious blend of thematic features occurring in a formal,
symmetrical configuration on both sides of the roadway, such as:
Seventy-five foot (75') radius comer cut-off landscape threshold.
Optional freestanding Regional Center identification sign wall.
Two (2) formal curvilinear planting rows of intersection theme trees.
Accent trees, accent shrubs and ground cover in median island - where occurs..
Turf grass threshold introducing the street.scene treatment and creating a
park-like threshold.
Formal shrub row treatment - minimum three-foot (3') high.
3) Minor Entry Monument (See Figures 25 and 26)
Minor entries occur on all streets associated with the Temecula Regional Center. These
entries have been scaled down, yet still retain many of the key elements found in common
to all the Regional Center entries. Common thematic elements features at Minor Entry
Monuments are such as:
Forty-five-foot (45') convex radius comer cut-off landscape threshold.
One (1) row of flowering accent lrees.
IV-16
WINCHESTER ROAD
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Optional freestanding wall or retail/office identification sign wall.
Turf grass streetscene threshold.
Formal shrub row treatment - minimum three-foot (3') high.
d. Mall Option - Landscape Requirements
Temecula Regional Center Mall Option landscape development area is composed of entry
roads, pedestrian promenades, parking lots and mall pedestrian entry thresholds. Each of
these forms an integral part in establishing the "Mall" sense of place should a "Mall" Option
Land Use Plan be developed.
1) Parking Lot Landscape Requirements
Temecula Regional Center Mall Option parking lot landscape development will allow for
a high degree of visibility necessary for marketing requirements of a Regional Center
shopping complex. This high degree of visibility is necessary for ease in aiding the shoppers
to their destination within the Mall Complex. In addition, landscape development at the
Mall Option entry roads and pedestrian promenades will direct vehicular and pedestrian
activities, as well as frame-on-site Mall focal points.
Parking Lot Landscape Requirements shall comply with the City of Temecula's Parking Lot
Landscape Requirements, as stated below.
Percent of Total Parking Area
Parking Stall/Space Area Required to be Shaded
a) Mall Parking Lot - 50% Minimum Average Actual Parking Stall (Space) Area
All other landscape requirements for the Mall parking lot landscape development
shall be consistent with the City of Temeeula's Parking Lot Landscape Requirements.
2) Pedestrian Promenades
A Pedestrian promenade is planned bisecting the site in a east/west direction, This
promenade will facilitate pedestrian circulation to the land uses both within the Regional
Center project area and at surrounding off-site business park and offices land uses.
Pedestrian promenades shall be considered in the site planning for future implementing
projects (plot plans).
Landscape development associated with this promenade will frame on-site focal points. In
addition, the pedestrian promenade will recall Regional Center thematic hardscape
elements, emphasize pedestrian entry functions, serve as a cool place to rest and break-up
the large expanses of parking lot.
IV-22
e. Commercial/Hotel/Office/Institutional Landscape Requirements - Excluding Mall
Landscape
1) General Re~_uirements
Office, commercial, institutional and hotel landscape development shall be in keeping with.
the urban village landscape theme established for the Regional Center streetscenes.
2) Parking Lot Landscape Requirements
Except for those standards indicated within the adopted SpeCific Plan Zone Ordinance No.
263, all parking lot requirements listed in the City of Temecula Land Use Ordinance No.
348, Section 18.12 shall be the same for commercial/hotel/office/institutional and business
park parldng lot landscape development.
f. Maintenance Responsibility
Maintenance of common areas and street.scenes within the Regional Center may be
provided in one of three ways by the individual property owner, by the R.E.A. or per the
C.C.& R.~
T.C.S.D. will maintain medians only, aH other common areas and streetscenes shall be
maintained as described above. However, on Winchester Road the median island, parkway
and LI~Z will be T.C.S.D. maintained.
2. Plant Material Guidelines
a. Introduction
It is the intent of these guidelines to provide flexibility and diversity in plant material
selection, while maintaining a limited palette in order to give greater unity and thematic
identity to the Regional Center. The plant material lists have been selected for their
appropriateness to the projeCt theme, climatic conditions, soil conditions and concern for
maintenance.
A limited selection of materials utilized in simple, significant composition complimentary
to adjacent common landscape areas while reinforcing the individual architectural and site
setting is encouraged. Wherever poss~le, overall plant material selection for given project
areas, shah have compatible drought-resistant characteristics. Irrigation programming can
then be designed to minimize water application for the entire landscape setting.
The limited plant material selection for common landscape areas associated with the
Temecula Regional Center, as descrl"oed in the text, is contained in the following plant
palette. Plant sizes and species shah be exactly determined at the Plot Plan stage and shall
be acceptable to the City Planning staff. In addition, a wider variety of plant materials
compatible with project theme and setting are listed for use by adjoining commercial
developments within the Temecula Regional Center.
The above Plant Material Guidelines will be subject to change based upon the actual use
and further design refinement during the preliminary and final landscape development
document process. As these plans are prepared, the preliminary and final landscape
development documents will be submitted to the City of Temecula for approval.
b. Landscape Development Zone Tree Palette - Recommended but not limited to:
a)
b)
c)
2)
3)
4)
Botanical Name
Boulevard Theme Tree
Winchester Road:
Leriodendron tulipifera
Ynez Road:
Platanus aeerifolia
Margarita Road:
Sehinus molle
parkway Accent/Median Accent Tree
*Callistemon citrinus
Lagerstroemia indica
'Watermelon Red'
Prunus cerasifera
Intersection Theme Trees
Phoenix canariensis
Street Trees
Brachyehiton populneus
Koelreuteria bipinata
Leriodendron tulipifera
Magnolia grandiflora
Common Name
Tulip Tree
London Plane Tree
California Pepper Tree
Lemon Bottlebrush
Crape Myrtle
Purple Loaf Plum
Canary Island Palm
Bottle Tree
Chinese Flame Tree
Tulip Tree
Southern Magnolia
IV-24
Botanical Name
Pinus eldarica
Platanus acefifolia
Sapium sebiferum
Schinus Molle
5)
6)
7)
Ce
Minor Ent~ Accent Trees
Callistemon citrinus
Lagerstroemia indica
Platanus acerifolla
Prunus cerasifera
Boulevard Theme Shrubs
Ligustrum japonicum "Texanum"
Photinia fraseri
Euonymous japonica
'Aureo - variegata'
Raphiolepis indica
Median Accent Shrubs
Raphiolepis indica
Leptospermum scoparium
Abelia grandiflora
'Edward Goucher'
Trachelospermum jasminoides
Community Plant Palette
Trees - Evergreen
Brachychiton populneum
Eucalyptus polyanthemos
Eucalyptus sideroxylon 'Rosea'
Eucalyptus viminalis
Eucalyptus rudis
Laurus nobilis
Magnolia grandiflora
Olea europaea 'Fruitless'
Pinus canariensis
IV-25
Common Name
Mondell Pine
London Plane Tree
Chinese Tallow Tree
California Pepper Tree
Lemon Bottlebrush
Crape Myrtle
London Plane Tree
Purple Leaf Plum
Gold Spot Euonymous
Fraser's Photinia
Gold Spot Euonymous
India Hawthorn
India Hawthorn
New Zealand Tree
Glossy Abelia
Star Jasmine
Bottle Tree
Red Box Gum
Red Iron Bark
White Gum
Desert Gum
Sweet Bay
Southern Magnolia
Fruitless Olive
Canary Island Pine
2)
Botanical Name
Pinus halepensis & eldarica
Pinus pinea
Podocarpus gra¢ilior
Quercus agrifolia
Quercus ilex
Sehinus molle
Ulmus parvifolia 'Drake'
Umbellularia californica
Trees - Deciduous
Albizia julibrissin
Alnus cordata
Alnus rhombifolia
Betula alba
Fraxinus velutina
Fraxinus uhdei 'Tomlinson'
Gingko biloba species
(Male Variet~ Only)
Koelreuteria bipinnata
Koereuteria pannicalata
Lagerstroemia indica
Liquidambar styraciflua
Malus floribunda
Morns alba 'Fruitless'
Nyssa sylvatica
Pistacia chinensis
Platanus acerifolia
Platanus racemosa
Prunus cerasifera
Pyrus calleryana
Pyrus kawakamii
Robinia ambigua 'Idahoensis'
Salix baylonica
Sapium sebiferum
Sophora japonica
Quercus coccinea
Zelkova serrulata
Common Name
Aleppo Pine
Italian Stone Pine
Fern Pine
California Live Oak
Holly Oak
California Pepper
Evergreen Elm
California Bay
Mimosa Tree
Italian Alder
White Alder
White Birch
Modesto Ash
Tomlinson Ash
Maidenhair Tree
Chinese Flame Tree
Golden Rain Tree
Crape Myrtle
Sweet Gum
Japanese Flowering Crabapple
Fruitless Mulberry
Sour Gum
Chinese Pistache
London Plane Tree
California Sycamore
Purple Leaf Plum
Ornamental Pear
Evergreen Pear
Idaho Locust
Weeping Willow
Chinese Tallow Tree
Japanese Pagoda Tree
Scarlet Oak
Sawleaf Zelkova
IV-26
Botanical Name Common Name
3)
4)
Palms
Brahea edulis
Brahea armata
Chamaerops humilis
Phoenix canariensis
Washingtonia filifera
Washingtonia robusta
Shrubs
Abelia grandiflora (S, SH)
'Edward Goucher' (S)
*Acacia ongerup (S)
*Acacia redolens (S)
Berberis species (SH)
Camellia species (SI-I)
Cocculus laurifolius (S)
Cotoneaster species (S)
Elaeagnus pungens (S)
*Escallonia exoniensis (S, SH)
'Fradesii'
*Escallonia compacta
Euonymus formnei (S)
Euonymus japonica (S)
Feijoa sellowiana (S)
Ilex species (SH)
Leptospermum scoparium (S)
Ligustrum japonicum (S, SH)
Myrtus communis
Nandina domestica and
'Compacta' (S, SH)
Osmanthus frangrans (S, SH)
Photinia frazeri (S)
Pittosporum tobira and
'Wheeler's Dwarf (S, SH)
Podocarpus macrophyllus (S, SH)
Prunus caroliniana (S)
Prunus ilicifolia (S)
Guadalupe Palm
Mexican Blue Palm
Mediterranean Fan Palm
Canary Island Date Palm
California Fan Palm
Mexican Fan Palm
Fxlward Goucher
Abelia
No Common Name (N.C.N.)
No Common Name (N.C.N.)
Barberry)
Camellia
Snailseed
Cotoneaster
Silver Berry
Eseallonia
Compact Escallonia'
N.C.N.
Evergreen Euonymus
Pineapple Guava
Holly
New Zealand Tea Tree
Japanese Privet
Myrtle
Heavenly Bamboo
Sweet Olive
Photinia
Mock Orange
Yew Pine
Carolina L~urel Cherry
Hollyleaf Cherry
IV-27
Botanical Name
Common Name
Pyracantha species (S, SH)
Raphiolepis indica species (S, SH)
Hebe coed (S, SH)
Ternstroemia gymnanthera (SH)
Viburnum tinus species
Xylosma congestum (S)
Firethorn
Pink India Hawthorn
Veronica
N.C.N.
Viburnum
Xylosma
5) Sub-Shrubs
*Agapanthus africanus (S, SH)
Arctostaphylos species (S)
Erica dearleyensis (S, SH)
(S, SH)
*Escallonia 'Newport Dwarf (S, SH)
Hemerocallis species (S)
Hypericum calycinum
Juniperus species (S)
Lonieera japonica 'Halliana' (S)
Moraea bicolor (S)
Trachelospermum jasminoides (S, SH)
Lily of the Nile
Manzanita
Heath
Escallonia
Day. Lily
Aaron's Beard
Juniper
Hall's Honeysuckle
Fortnight Lily
Star Jasmine
6) Vines
Ampelopsis veitchi (SH)
Bignonia chere (S)
Doxantha unguis-cati (S)
Ficus pumila (S, SH)
Gelseminm sempervirens (S)
Grewia caffra (S)
Jasminum mesyni (S)
Jasminum polyanthum (S)
wisteria floribunda (S)
Boston Ivy
Blood Red Trumpet Vine
Cat's Claw Vine
Creeping Fig
Carolina Sasmine
Lavendar Star Vine
Primrose Jasmine
N.C.N.
Wisteria
7) Ground Covers
Baeeharis pilularis 'Twin Peaks' (S)
Hedera helix (SH)
Hypericum calycinum (S)
Coyote Brush
English Ivy
Aaron's Beard
IV-28
g)
Botanical Name
Common Name
Duchesnia indica (S)
Fragaria chiloensis (SH)
Myoporum parvifolium (S)
Potentilla verna (SH)
Rosemarinus officinalis 'prostratus' (S)
Indian Mock Strawberry
Wild Strawberry
Myoporum
Spring Cinquefoil
Rosemary
Will freeze in unprotected exposure area, but will generally rejuvenate from
undamaged parts. Use with caution.
(S) - Tolerates sun in this planting zone.
(SH) - Tolerates shade in this planting zone.
Turf Grass - Seed
Year-round Turf Grass Mix:
Southland Sod - Marathon or Marathon II
Pacific Sod - Medallion or Ecalibur
or Equal
d. Planting Time
Due to the climate extremes of the Temecula Regional Center area, the installation of plant
materials during the coldest winter months (December through March) and the hottest
summer/fall months (July through September) can be difficult. Container plant materials
not acclimated to the area can easily suffer from damage or sun/heat exposure resulting in
partial or entire foliage loss even though such materials are perfectly suited to the
temperature ranges once established. If planting must be done during these difficult
periods, plant establishment may be difficult and require a prolonged period of lime.
e. General Landscape Requirements
All areas required to be landscaped shall be planted with turf, ground cover, shrub or tree
materials selected from the plant palette contained in these guidelines.
Planting shall commence as soon as slopes are completed on any portion of the site and
shall provide for rapid short term coverage of the slope as well as long-term establishment
cover per City standards. The developer shall provide a landscape bond to the City at the
time that the landscape plan is approved. The bond is to guarantee the installation of
interim erosion control planting in the event that the grading operation is performed and
building construction does not commence within ninety (90) days.
IV-29
The owners of parcels which require landscape development shall assess any existing
common landscape areas adjoining their property. Where feasible, landscape development
shall reinforce or be compatible with such existing common area setting.
Cut slopes and fill slopes equal to or greater than three feet (3') in vertical height shall be
planted with a ground cover to protect the slope from erosion and instability. Slopes
exceeding fifteen feet (15') in vertical height shall be planted with shrubs, spaced not more
than ten feet (10') on center or trees spaced not to exceed twenV/feet (20') on center or
a combination of shrubs and trees at equivalent spacings, in addition to the ground cover.
The plants selected and planting methods shall be suitable for the soil and climatic
conditions. Refer to the plant materials palette for the list of community-wide slope erosion
control plants.
Reference should be made to the City of Temecula standards for erosion control methods
for slopes and other landscaped areas.
f. Climate Constraints
Plant material palettes for the Temecula Regional Center contained herein are compatible
with the climatic setting of the area. The utilization of some materials, depending upon
their site location, exposure and relationship to other influential factors may not be
appropriate.
1) Temperature
Generally, the extreme summer temperature is 110 to 115 degrees Fahrenheit and generally
the minimum winter temperature is 10 to 15 degrees Fahrenheit. The average summer
daytime temperature is 90 degrees Fahrenheit with the average nighttime temperature being
58-1/2 degrees Fahrenheit. The average winter daytime temperature is 65 degrees
Fahrenheit with an average nighttime temperature of 38 degrees Fahrenheit.
2) Wind
The prevailing summer wind direction is northwest at an average mean of five knots and
an extreme mean of 43 knots.
The prevailing winter wind direction is northwest at an average mean of four knots and an
extreme mean of 49 knots.
Extreme seasonal wind velocities may exceed 50 knots at peak gust periods.
IV-30
3) Rain
Average annual rainfall ranges from 12 to 18 inches per year.
g. Horticultural Soils Test Requirements
Soil characteristics within the Temecula Regional Center project may be variable. The
owners of parcels which require landscape development shall procure a horticultural soils
report in order to determine proper planting and maintenance requirements for proposed
plant materials. Such a soils test shall be performed by a qualified agricultural laboratory
and shall include a soil fertility and agricultural suitability analysis with pre-planting and
post-planting recommendations.
h. Irrigation
The irrigation system shall be designed to conform to the State's Water Conservation
Assembly Bill 325 and City of Temecula Water Conservation Ordinances in effect.
All landscaped areas shall be watered with a permanent underground irrigation system.
Irrigation systems which adjoin a separate maintenance responsibility area shall be designed
in a manner to insure complete water coverage between the areas.
Proper consideration of irrigation system design and installation in the climate extremes of
the Temecula Regional Center area is critical to the success of the landscape inveslment.~
In particular, the combined summer elements of heat and wind must be carefully considered
in proper irrigation design and equipment selection.
Irrigation systems shall be designed with head to head 100 percent double coverage at a
minimum.
The Regional Center is located in Eastern Municipal Water District's (EMWD) jurisdiction.
The project will use reclaimed water for irrigation purposes as it is made available by
EMWD.
Water saving irrigation equipment may include flow sensors, moisture sensors, and irrigation
programs utilizing CIMIS (California Irrigation Management Information System) data.
IV-31
C. SITE PLANNING GUIDELINES
1. Site Planning Concept
The site planning concept for Temecula Regional Center was formulated to maintain visual
consistency throughout the development and to create an enhanced environment. The goals of the
Site Planning Guidelines are to control building placement, establish setbacks that create an
integrated, yet distinctive appearance, optimize solar orientation, enhance major entries, and lessen
the impact of disruptive elements such as service areas.
To reinforce a consistent theme, buildings are to be sited to create an orderly plan. Each site is to
have optimum visibility, street identity and appropriate access.
Figures 27A, 27B, and 27C provide illustrative site plan concepts that could be applicable to the
Regional Center. Clearly, a variety of site planning options are possible depending on market
demand, futura tenant criteria and intelligent urban design responses. These illustrative concepts are
intended to give decision-makers an idea of how the project can be implemented. They also provide
future designers a starting point from which actual site designs should proceed.
2. Site Coverage
Site coverage, as illustrated on Figure 1V-26A, is a vital component in creating a distinctive
commercial environment. By limiting the area on which development may occur, a portion of each
site can be devoted to formalized landscaping, compatible with the overall landscape program for
Temecula Regional Center. Adequate parking and service areas are to be provided in a consistent
manner throughout the project.
The total building ground contact area divided by the total gross lot area should not exceed 32
percent. The total building ground contact area plus parking structures and ancillary structures
divided by the total gross lot area should not exceed 50 pement. This criterion in not intended to
influence allowable floor area ratio.
3. Winchester Road and Ynez Road Setbacks
Building and landscape setback areas are necessary along street frontages and along interior and rear
parcel lines. Landscape setbacks are also necessary between parking areas and buildings or property
lines.
A minimum building setback of 45 feet is required from the face of the curb on Ynez Road. A
minimum building and parking setback of 37 feet is required from the face of the curb on Winchester
Road. A minimum parking setback of 32 feet is necessary from the face of the curb on all other
public streets shown on Figure 4, Circulation Plan. These setback areas shall be fully landscaped
per Temecula Regional Center Landscape Guidelines. However, on-site driveways may be allowed
IV-32
minor departures into the 32-foot-wide landscape zone. Building setbacks and a site section
illustrated on Figures 26B and 26C.
4. Secondary Street Setbacks
A minimum building setback of 40 feet is necessary from the face of the curb on all interior project
streets with fights-of-way widths of 88 feet or wider. However, no such streets have been identified
at this time. If, in the future, any streets with right-of-way widths of 88 feet or wider are proposed
within the Temecula Regional Center, then these roads shall be required to comply with this
standard. Within this setback, a minimum landscaped area of 32 feet from the face of the curb is to
be provided. This area is to be fully landscaped per Temecula Regional Center Landscape
Guidelines. Parking is permitted behind the landscape setback. The minimum building setback from
streets and the landscaping requirement may be reduced or eliminated by either the Planning Director
or an appropriate hearing body as part of the Development Review process for appropriate Design
Manuals.
5. Side Yard and Rear Yard Setbacks
A minimum building setback of 10 feet is necessary. A minimum 5 feet of landscaped area is
required between all interior property lines and parking areas or access drives. When two lots are
combined under one ownership or development agreement and are planned as a single site, the 5-foot
landscape setback and minimum building setback between property lines can be eliminated.
6. Building Locations
The placement of buildings on individual lots should take into account visibility, skyline and
building massing effects throughout Temecula Regional Center. Building locations shall optimize
off-site and on-site views. Solar orientation should be considered for natural lighting. Buildings
shall be positioned on lots to avoid a haphazard appearance. Parking areas shall be discretely
positioned and screened to minimize adverse visual impact.
7. Access and Driveways
Access driveways to individual development parcels shall be designed to enhance traffic flow and
reduce the interruption of landscaping and medians. Individual or shared driveways alone shall be
coordinated with median openings. Where median openings are not available, driveways will be
designated "right-turn-only." Driveways along secondary streets shall align with access points to
neighboring properties across the street whenever practical. Driveways and parking areas shall be
designed to incorporate provisions for sufficient vehicle stacking during peak periods, based on a site
specific traffic analysis.
IV-33
PROPERTY LINE
PER
LANDSCAPE
CRITERIA
PARKING '
PER PARKING CODE
INCLUDING STRUCTURED
PARKING GROUND CONTACT AREA'
(50% MAXIMUM)
Site Coverage
BUILDING AND PARKING STRUCTURE
IGROUND CONTAOT AREA ONLY, DOES NOT
MPACT F.A.R.)
PROPERTY LINE
SURFACE PARKING
PER PARKING CODE
LANDSCAPE PER
LANDSCAPE
CRITERIA
BUILDING
GROUND
CONTACTAREA
32% MINIMUM
site Coverage
BUILDING ONLY
(GROUND CONTACT AREA ONLY, DOES NOT
IMPACT F.A.R.)
[V-34
FIGURE 26A
FACE OF CURB
LANDSCAPE PER LANDSCAPE CODE
45'
SETBACK
MINIMUM
10' MINIMUM SETBACK
~7'MINIMUM BUILDING
SETBACKAT
WINCHESTER ROADONLY
Bu'~in Setbacks
building only
FIGURE 26B
I
I
I
I
Z
U~
FIGURE 26C
8. Entry Sequence
The main entry to each site shall be planned to create a distinct entry statement. A landscape
corridor and a separate drop-off area shall be developed to accent and introduce each building to
visitors before entering the parking lot. The entry sequence shall incorporate monument signage, a
landscaped corridor, visitor parking and drop-off areas, where applicable secondary access points
may be planned, if required, for service and emergency purposes.
9. Parking Requirements
Sufficient on-site parking shall be provided to accommodate all vehicles associated with the use of
each site. No on-street parking shall be permitted.
Designated spaces shall be provided in convenient locations for handicapped, cmpool, motorcycle
and bicycle parking, as required by the State of California and the City of Temecula.
Compact car parking is limited to 25% of the total number of parking stalls.
Parking areas for motorcycles and bicycles shall be designed in an orderly uncluttered manner.
Bicycle parking areas shall be provided with racks and locking capabilities.
Parking areas shall be screened from view from public streets by means of landscaping and/or
grading. Parking areas shall be landscaped to provide a shade canopy and pleasant appearance.,
Planters within parking areas shall be large enough to avoid crowding of plant material and damage
by vehicles. See Landscape Guidelines for further information. Protected, landscaped pedestrian
paths shall be provided through large parking areas to building entrances.
Any parking beneath buildings or in parking structures shall be softened or partially screened by
architectural design or landscaping.
Parking requirements per use are as follows:
All retail uses including power center, community retail and neighborhood shopping centers,
including those with restaurants and cinemas: five (5) spaces per 1,000 square feet of gross
leasable floor area.
2. Regional shopping centers: 4.5 spaces per 1,000 square feet of gross leasable area.
3. Hotels and motels: one (1) space for each room and two (2) spaces for the resident manager.
Offices including financial institutions: four (4) spaces per 1,000 square feet of gross
leasable floor area.
1V-37
Unless stated above, all other parking reqmrements shall comply w~th the C~ty of Temecula s Parki g
Requirements.
10. Service~ Loading and Special Equipment Areas
Service areas (including storage, special equipment, maintenance and loading areas) shall be
screened with landscaping and architectural elements. The purpose is to screen these areas from
adjacent buildings and streets. All service and loading areas shall be positioned so that service
vehicles will not disrupt traffic flow to or from the site. Service and refuse collection areas are
illustrated on Figure 26D.
Loading areas are to be entirely on-site. Off-site vehicle loading shall not be permitted. Loading and
service areas shall not be visible from the street except for a regional center, service areas must be
located on interior building side or rear yards and concealed or screened from public view.
Utility equipment and comanunication devices located on the grounds or roofs shall be screened so
that the site will appear reasonably free of all such devices from nearby streets and parking areas.
Utility lines for water, gas, sewage, electrical lines and communication shall be installed
underground.
Refuse collection areas shall be visually screened whenever possible with a solid perimeter wall
using materials and colors compatible with those of the adjacent buildings. Except for a regional
center, Refuse collection areas shall be located on an interior building side or rear yard whenever
possible.
Service, storage and maintenance areas shall be appropriately mitigated in conjunction with approval
of City staff at the Development Plan stage of review. Suggested construction and maintenance
mitigation measures include the following criteria:
No materials, supplies or equipment, including trucks or other motor vehicles, shall be stored
on-site except inside a closed building or behind architectural screening, to prevent visibility
from neighboring property and streets.
All storage areas shall be screened whenever possible by walls and, except for a regional
center/mall facility, shall be located on the side or rear portions of buildings.
Architectural screening shall be constructed of materials and finishes compatible with the
adjacent building, and shall be designed and placed to complement the building design.
4. No service, storage, maintenance or loading area will extend into a setback area.
IV-38
lANDSCAPE g ECTION I SERVICE YARD
SERVICE AREA
')
$OIJD WALL
LANDSCAPE ~CREEN I ENCLOSURE
$~0~' REAR yARD
REFUSE COLLECTION AREA
I~o39
FIGURE 26D
11. Exterior Walls and Fences
Walls and fences am to be integrated with and complementary to the building architecture. No walls
may be constructed within areas reserved for street side landscaping. Walls between the landscape
setback area and building frontages may not exceed a height of 3 feet. Walls shall be designed as an
integral part of the overall site design. They will be constructed with materials that are
complementary to the style of adjacent buildings and inconporate compatible finishes and colors.
Walls will be permitted along lot lines. Walls shall not exceed a height of 6 feet, however, walls
proposed greater than 6 feet in height may be permitted, provided that they are used in an appropriate
manner subject to City staff review at the Development Plan stage.
1V-40
D. ARCHITECTURAL GUIDELINES
The following architectural guidelines are intended to be flexible and therefore illustrative in nature.
Architectural design shall be in substantial conformance to this Specific Plan; however, actual
building design and other elements related to design character shall be reviewed for approval by City
staff at the Development Plan stage. Illustrative drawings in Figures 27D-27J depict possible
architectural information of certain key locations within the Temecula Regional Center.
1. Architectural Concept
The primary objective of this section is to establish guidelines which will influence the creation of a
very unique, recognizable and consistent architectural character for the Temecula Regional Center.
These guidelines are intended to encourage buildings to express their own individuality and still
maintain a sense of overall harmony with each other. Buildings should be designed to project an
image of permanence, charm, integrity and harmony. The architectural guidelines define how
buildings will complement each other through aesthetic coordination of size and spatial relation-
ships, materials, colors and exterior articulation.
2. Architectural Character
The architectural character for the Temecula Regional Center shall be responsive to the surrounding
geographical and topographical environment. The spectacularly rugged hills and lush green valley.~,
form a very dramatic backdrop for the development. This natural setting shall influence architectural~
design. Buildings shall relate to human scale as much as possible, especially at ground floor building
elevations and at pedestrian entries. Efforts shall be made to visually break up the mass of large or
massive buildings wherever practical.
Other elements of great importance to design character are solar and climatic conditions, freeway and
vehicular orientation and pedestrian circulation. Architectural character shall be fresh and
innovative, but with some reference to traditional design elements. Strict historical reproduction and
high-tech modernism shall both be avoided.
3. Building Site Plannim,
Building forms shall be designed to create and define visually attractive and functional exterior
spaces. Buildings shall be arranged in coordination with one another to create an overall sense of
unity. Buildings shall be sited in a manner that is sensitive to surrounding roads and public spaces,
optimizing solar orientation. Random building relationships which create "residual" or ill-defined
exterior spaces shall be avoided. (See Figure 27A, 27B & 27C, Illustrative Site Plan Alternatives.)
IV-41
ooo
~T~is site plan is Ixovlded fo~ illus~'a~ve purpoae~ only. AcluaJ site plan configure-
and building layoula will be de~ermined during Developmen! Plan Review.
ILLUSTRATIVE
SITE PLAN
ALTERNATIVE I
TEMECULA
REGIONAL CENTER
27555 Ynez Road, Suite 202, ~'emecula, C~ 92591
IV-42
FIGURE 27A
ILLUSTRATIVE
SITE PLAN
ALTERN~4~TIVE 2
This site p~an is Ixovlded kx ~]lustrath/e purpo~,es mY. ~ual s~ I~an
co~flgura~on and IxJ~ing layouts will be determined during Oeveeoprnent
Plan Review.
TEMECULA
REGIONAL CENTER
K.C.D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591
FIGURE ~27B
IV..43
ILLUSTRATIVE
SITE PLAN
ALTERNATIVE 3
This s~ plan i~ I~ded ~r illu~r~ve ~rposes only. Aotual site plan
configuration and building layouls will be delermined duflng {:)eve~pmefll~
Plan Revlew~
TEMECULA
K.C.D.C. 27555 ¥n¢~ Road, Suite 202, Temecula, Ca. 92591
FIGURE 27C
This rendering is provided for illus~'ative purposes only. Actual buIIdln
and elevations will be determined during Development Plan Review.
ILLUSTRATIVE SITE RENDERING
'~T~lq'I~F. ~ 7D
This rendering is provided for illesb'atlve purposes only. ACtUal building
designs end elevations will be determined during Development Plan
Review.
ILLUSTRATIVE SITE RENDERING
FIGURE 27E
J
This mnderir~ is Ixovlded for illus~'alNe purposes only. AcluaJ building designs
and elevations will be determined during Development Plan Review.
W-47
ILLUSTRATIVE SITE RENDERING
FIGURE 2~F
'~'hls rendering Is provided for illustrative purposes only. Actuaj building
designs and e.~vations will be determined during Development Plan Review.
IV-48
ILLUSTRATIVE SITE RENDERING
FIGURE 27G
his rendering is provided for illustrate purposes only. Actual building designs
and elevations Nil be determined during Developn~ant Plan Review.
]Fv'-49
ILLUSTRATIVE SITE RENDERING
FIGURE 27H
11~is rendering is provided for illusl~aflve purposes only. Actu~buIIding designs
and elevations w~ll be determined during Development Plan Review. T~.
ILLUSTRATIVE SITE RENDERING
FIGURE 27I
This rendering is provided for illustrative purposes only. AcZuaJ butldlng designs
and elevalJons will be determined during Development Plan Review.
ILLUSTRATIVE SITE RENDERING
FIGURE 27J
4. Skyline
Building elements shall be organized in a manner that will result in a harmonious, yet distinctive
skyline. Buildings and building complexes shall include a variety of heights to avoid monotony and
add interest wherever possible.
5. Building Heights
Building heights shall be sensitive to environmental and site planning concerns. Heights shall be
determined by building use, building area/parking ratio, and setback requirements. Maximum
building height for any use shall not exceed 120 feet.
6. Facade Articulation and Building Detail
Facades shall be designed to convey a sense of order and enrichment through the interplay of light,
shadow and texture. Facade articulation shall reinforce a sense of quality and integrity. Building
proportions and fenestration details shall be carefully refined.
Variety shall be emphasized both in building massing and fenestration, the goal being to create a rich
vocabulary of architectural elements in harmony with each other. Decorative feature elements such
as moldings, arches, deeply recessed glass lines, wainscots, grillwork, railings, pilasters, etc. are
encouraged. Large glass curtain wall elements or other large uninterrupted masses are generally
discouraged.
7. Building Base (Multi-Story Office and Business Park Development)
The ground floor shall reflect a scale and character that identifies with the pedestrian and with
building entrances. The ground floor shall contain distinctive architectural elements that are
differentiated from a building's upper stories. Variations in materials, surface textures, height,
colors, openings and recesses that create light and shadow are encouraged to enhance visual interest.
The use of architectural elements that define and organize space at the ground plane, such as
arcades, colonnades and covered walkways are encouraged.
Continuous building cladding which extends all the way to grade without transition, is not desirable.
Flush wall surfaces at ground level, and building facades at ground level which are the same as those
at the upper stories shall be avoided.
8. Color
Building colors (base wall colors, as opposed to accent colors) shall always be subtle, warm earth
tones in a light to medium range. These colors may typically include off-whites, tans, grays, browns,
golds, peaches, and other similar hues. Innovative color combinations are encouraged.
IV-52
Accent colors and subtle changes in wall color may be utilized to add interest and to identify specialt
areas or architectural elements, such as mullions, reveals, or special features. They shall not be'~'
painted directly on wall surfaces or used as wide bands.
9. Materials
Materials shall be used to enrich the building and to enhance the architectural character objectives
outlined in the preceding sections.
Materials to be encouraged are stucco, stone veneers, heavy timber woods, clear and tinted glass for
windows. Other materials which may be considered for approval are limited use of brick, precast
concrete with appropriate detailing, wood used for decorative purposes, and painted metal.
Reflective glass, glass curtain wall, and wood siding are discouraged.
10. Roofs~ Penthouses and Mechanical Screens
Roof types generally permitted include two-piece, terra cotta clay tile, flat composition roofs, and a
combination of sloping clay tile and flat roof. Roof shapes and elements shall be visually integrated
into the overall architectural concept. Roof-hat penthouses are not allowed. Roof-mounted
mechanical equipment shall be screened on all sides. Mechanical screens and penthouses shall be
integrated with the building facade whenever possible and constructed of compatible materials.
Screens shall be continuous and solid. All rooftop mechanical installation locations shall be noted
on the architectural plans.
Building shall not be visually cluttered with utility and communication devices. Satellite dishes and
antennas shall not be roof-mounted unless technically necessary and such installations should be
screened from view from pedestrian areas and adjacent streets.
11. Service Areas
Service areas shall be simple and efficient. They shall not interfere visually or physically with other
building operations.
Service areas Or trash storage bins shall be screened from view with doors, walls or landscaping.
(See Site Planning Guidelines.)
Screening of ground equipment in service areas shall be by solid walls that are compatible with
adjacent architecture and materials. Service elements, such as truck docks and loading doors, shall
be arranged in an organized manner. These elements shall be integrated with the building design.
Cluttered service areas and unscreened mechanical equipment are not permitted.
IV-53
12. Ancillary Buildings
All major and minor structures shall share a common architectural theme and design character to
provide an architectural unity for the entire project. Secondary buildings that are detached shall
relate in a coherent, positive manner. Architectural expression should be consistent in color,
materials and design. Conflicting building forms and images may not be permitted.
13. Parking Structures
Parking structures where required shall be designed and constructed according to the highest
standards of quality to ensure consistency with the architectural character planned for Temecula
Regional Center. Parking structures shall be as unobtrusive as possible.
Pedestrian and vehicular entrances shall be clearly identified and easily accessible to minimize
pedestrian/vehicle conflict. The use of special architectural features and details shall be encouraged
to provide the entrance with character and protection from weather.
Sloped ramps must be designed to conceal their appearance from exterior walls. Parking levels may
be stepped or terraced to visually soften the overall mass of the structure. Spandrels must be level
and uniform.
Rooftop parking shall be visually organized to provide a clear, orderly appearance for views from
other buildings in the vicinity of the project. Rooftop lighting, landscaping, and screening of
mechanical equipment shall be required.
Materials and colors used in parking structures shall be consistent with the adjacent buildings which
they serve.
14. Energy Considerations
Buildings shall meet state energy efficiency and conservation guidelines for commercial
construction. The use of passive and active devices and techniques is advocated to improve building
energy performance. Use of systems which shift utility demand to off-peak hours is encouraged.
Acceptable shading devices and techniques include recessed windows, overhangs and interior
shading devices such as blinds and drapes. Rooftop solar collectors are allowed if they are visually
screened from view and integrated into building design.
15. Street/Plaza Furniture and Bus Shelters
Street, bus and plaza furniture and ornamentation, as well as bus shelters, located within the
Temecula Regional Center shall be designed to coordinate in design, style and color with the
principal architectural themes and/or architectural details of the primary buildings in the project, as
appropriate.
IV-54
E. SIGNAGE GUIDELINES
Signage is an important element contributing to the identity of Temecula Regional Center. The
following guidelines are intended to produce a consistent signage design that reinforces the collective
image of Temecula Regional Center as a superior retail and business location, while maintaining
opportunities for individual identity of each parcel. All signs shall be designed and constructed in
conformance with these guidelines. Signage design as well as location, size and number of signs
shall be subject to review and approval by City of Temecula for conformance to these guidelines.
This will be done in conjunction with development plan submittals for individual projects.
1. Commercial Core Signage
The commercial core will become a significant landmark for Temecula and Riverside County; the
signage shall, therefore, reinforce this landmark image. Many different levels of signage are required
for a commercial core, each part of a cohesive graphics program. The following types of signage are
allowed:
a. Major Site Identity Sign
This type of sign may be part of a freestanding architectural element. Its chief objective is to identify
the center as a whole from as far away as possible. Distinctive graphics, materials, colors, and
lighting devices shall be used to incorporate this sign into the overall design theme of the Center.
This sign shall particularly be read from Ynez, Margarita, Overland and Winchester Roads.
anchor tenants and project name shall be identified on this signage element.
b. Primary Entrance Sign
Identifies primary project driveway entrances, includes project name and logo symbol.
2. Retail. Commercial Signage
a. Primary Tenant Monolith (refer to Figure 27K)
Identifies anchor tenants. Signs of this type shall be limited to major and minor entry points.
Internally illuminated sign structure with pierced typography. Tenant identity must fit within graphic
area as specified on Figure 27K. Sign area per tenant is forty-two (42) square feet. Anchor tenant
letter type and colors may be allowed, subject to approval by the City. Total tenant signage area not
to exceed sixty-eight (68) square feet.
IV-55
PALM PLAZA*
PRIMARY TENANT SIGN MONOLITH
TYPICAL FIGURE 27K
~V-56
b. Secondary Tenant Monolith (refer to Figure 27L)
Identifies tenants of shop buildings of the commercial center or as site design warrants. Design
guidelines are shown on Figure 27L. Each tenant sign area shall be equal and will not exceed fifteen
(15) square feet. Total tenant signage area not to exceed sixty (60) square feet. The colors shall
match or be complimentary with the following colors: Teal Blue 2457, Yellow 2325, Blue 2050,
Red 2793, White and Black or as specified by retailer as part of identity logo and advertising
program. All colors are subject to review by the City through the Development Plan Review
process.
c. Tenant Building Identification (refer to Figures 27M, 27N, 270)
Anchor tenants shall be defined as those of twenty thousand (20,000) square feet gross leasable area
and above. Major tenants shall be defined as those between twenty thousand (20,000) and ten
thousand (10,000) square feet. The sign area allowed for primary identification affixed to a building
including logo and letters shall be as follows:
I) Anchor Tenants
Front wall of building - the surface area of the sign shall not exceed 10% of the surface area
of the front face of the building. Side walls of a building - the surface area of sign shall not
exceed 10% of the surface area of the side face of the building. Rear wall of a building - the~
surface area of the sign shall not exceed 5% of the surface area of the rear face of the~
building. Letter height shall not exceed five feet (5'), unless approved by the City. (See
Figure 27M)
2) Maior and Minor Tenants
Sign area shall be limited to 10% of the tenant's building fascia and as described in Figure
27N, attached heroin. Rear building signage area not to exceed 5%. Side wall signage area
shall not exceed 10% of surface area of side wall.
Wall tenant signage (refer to Figure 27P) on buildings shall be individual channel letters or a
compatible design. Maximum letter height shall not exceed forty-eight inches (48") and the
maximum sign depth for all signs shall not exceed five inches (5") unless approved by the
City during the Development Review process. Sign face colors shall match or be
complimentary with one of the following colors: Teal Blue 2457, Yellow 2325, Blue 2050,
Red 2793, White, and Black. Up to two colors per sign face allowed. Anchor, major, and
minor tenant letter type and colors may be allowed. All anchor and major tenants allowed
rear and side building signage in conformance with above standards.
IV-57
MEI~.V~N,S
.SECONDARY TENANT SIGN MONOLITH
FIGUI{E
27L
IV-$8
d. Shop Tenant Fascia Identification (refer to Figures 270, 27P, 27Q)
All on-building fascia signage shall be coordinated with other signage within the center. Letter
height for shop and pad building tenants of zero to ten thousand (0-10,000) square feet shall be
thirty-six inches (36") maximum subject to approval by the City. (See Figures 270, P, and Q) Sign
depth not to exceed five inches (5"). Sign faces shall match or be complimentary with the following
colors: Teal Blue 2457, Yellow 2325, Blue 2050, Red 2793, Orange, White, and Black, or as
specified by retailer's requirements.
e. Tenant Window Identification
Store identity, graphics, typography and/or logo may be silkscreened or etched on the tenant's
window in white only. The maximum square foot graphic area allowed per window is four (4)
square feet; provided, however that in-store neon type signage shall not exceed eight (8) square feet
in size. No graphic signs will be allowed on the doors.
Window signs are any signs permanently adhered directly to the window. Window signs shall not be
internally illuminated. A neon sign shall be permitted subject to approval by the City.
f. Temporary Window Signs
Temporary window signs are allowed if they follow the following criteria: Temporary window signs
are those signs which advertise or promote a special event, such as an opening, or offerin
product or service, and are easily removed.
1)
Sign graphics of any nature painted directly on a window shall not be considered a
temporary window sign.
2)
A window sign advertising or promoting any product or service offered on a regular
basis or at a regular price shall not be considered a temporary window sign.
3)
Temporary window signs shall not be illuminated, shall be limited to 12% of the
tenant's storefront glass area, and shall be displayed no more than 14 days.
4) Flashing or moving signage is prohibited.
g. Under Canopy Hanging Sign (refer to Figure 27R)
Each tenant may have one hanging sign per building. Shop sign consists of a standard frame unit
attached onto truss or trellis. Tenants are required to custom design a sign within the standard frame
unit, four-foot (4) maximum square footage, four-inch (4") tall letters maximum. Materials shall
coordinate with overall building architecture and may be metal, painted plexiglass
1V-61
FIGURE 27P
wOOD FASCIA
WOOD S11J~
C~,.,,~R SILICON SF. AI~NT
,', T ALL PEN~I'T~A TIONs
PLEXICLAS FACE
:,- NON-S'I'AININC; SHJNI
LIMIT'PENETRATION TO
REVEAL
WOOD STUD
P-~.- HOUSINC
ER AND
WI]~'~IC SHEA THINC
SIGN CDNTR^CTO;
-'BOX ~Y SLDC. CONTR^CT~R
L, ACC."~S PANEL
B~PLE SIGN DETAIL AT FASCIA
INDIVIDUALLY ILLUMINA TED
CHANNEL LETTERS
W/ PLEXIC;LA$ FACt
ZV-62
WALL SIGN
FIGURE 27Q
Vunut, iuna
SILHOUETTE UGHTED
INDIVIDUAL LETTERS
FACADE
ME'TAL L=. ~ 1 ERS
LIGHTING
LE,'r'i'ER HGT AND ARE.:
AS SPECIFIED S"r' TENANT
SIGN CRITERIA ABOVE
lrV-63
UNDER CANOPY HANGING SIGN
FIGURE 27R
or other compatible high-quality materials. Colors shall match or compliment the following colors
Teal Blue 2457, Yellow 2325, Blue 2050, Red 2793, White, and Black.
h. Banners, Pennants and Awnings
Banners, pennants and awnings are allowed and shall be compatible in form, color and style with the
design character of the architecture.
3. Office/Hotel/Institutional and Business Park Signage
a. Site Identification Signs
Site identification signs are limited to identifying the complex, building, or company occupying the
site. Site identification signs are limited to one per street frontage for frontages under 400' in length.
An additional site identification sign may be allowed for every 400' of additional street frontage or at
each entry and at each minor or major entry.
b. Site Identification, Street Frontage
Street frontage signs shall be located within the street side landscaping zone and should be
perpendicular to the street. Signs shall not be located within vehicular sign distance zones for
intersections and entry drives. Landscaping adjacent to these signs shall be coordinated with the~
requirements of the Landscape Guidelines. This sign type may be illuminated by halo lit individual~
letter, concealed ground level flood lights, or back cut letter signs in a metal can. No fully
illuminated sign cans are permitted, except for hotel-related uses.
Design form, materials and colors shall relate to building design guidelines criteria. Special
allowances may be made for signs which incorporate architectural elements complementing the
building design and architectural character of the development.
c. Building Identification Signs
Building identification signs are limited to identifying major occupants, ground floor retail tenants
and restaurants, hotels, theaters, special events facilities, building addresses and operating hours.
Building identification graphics should consist of individually fabricated letters and/or symbol or
back cut letter signs in a metal can. Enclosed sign forms are generally not acceptable. The graphics
for these signs may be constructed of aluminum, bronze, brass, or stainless steel unless otherwise
approved by Temecula Regional Center, or its designee. Colors should be harmonious with the
architectural colors or white.
Any applied graphics must be attached to the building without the use of visible attachments, the
building wall materials and sign attachments shall be designed to withstand the weight of the
graphics and shall be able to accommodate changing of graphics when tenant changes occur.
IV-65
Building signs are limited to one sign per street frontage. Either a building-mounted sign or a
ground-level monument sign may be used on the same street, but not both.
d. Ground Floor Commercial Tenants and Restaurants
This wall sign type is reserved for commercial tenants and restaurants requiring special ground floor
recognition.
Special signing treatments on entrance awnings or canopies are allowed.
4. Theaters and Special Event Facilities
Identification and program information for theaters and special event facilities may be provided by
theater monuments and/or marquee signs. These signs, if provided, shall consist of a permanent
portion displaying the name of the theater, auditorium, hotel or special event facilities and, if desired,
may also include a changeable section accommodating program information. These signs may be
either attached directly to the building or erected as free-standing signs. These signs shall not extend
above the height of the predominant roofline of the building if attached directly to the building.
Freestanding signs cannot exceed a maximum of twelve feet (12') in height. These signs may be
illuminated internally, however, the permanent portion must have an opaque background, with only
the message portion illuminated.
5. Building Address
Building address numbers shall be displayed on every building at or as close as possible to the main
entrance. The numerals shall face the street, access road or the approach walkway, as necessary.
The address numbers may be non-illuminated and of a material and form consistent with other
building identification signing used on the same structure or with materials listed in previous
sections. Number height shall be no larger than 12" and no smaller than 8". The numbers may not
appear to be the dominant graphic device on the facade of any building.
6. Vehicular and Pedestrian Signs
Vehicular and pedestrian signs provide information, directions and regulations for exterior parking
and circulation on site. To keep their number to a minimum, vehicular and pedestrian signs shall be
placed only where information is required. The use of symbols to reinforce information (such as no
parking, loading zone and handicapped parking) is encouraged. Wording shall be kept to a
minimum.
The signs may be constructed of aluminum, fiberglass, stone or concrete. Stucco is an unacceptable
material. Colors for the sign shall harmonize with project architectural colors and include white.
Color, style and letter height of all copy on the same sign shall be coordinated and consistent with
IV-66
building design. All copy will be silk-screen painted or vinyl die cut. Height and size of letters andl~I
graphics are subject to approval of the Temecula Regional Center, or its designee. Lighting for this~
sign type is not allowed.
7. Directory Signs
Multiple tenant directory signs shall be located on-site or in the street parkway landscaping zone
adjacent to the site entry. This sign shall be designed to be compatible with other signage within
Temecula Regional Center, but may consist of a painted metal portion containing replaceable tenant
sign panels, and a natural concrete base. Tenant lettering may be routed into the metal sign panel.
The building address may be attached or incised into the concrete base.
If located in the street parkway, the metal sign shall be painted the same color as street frontage
monument sign panels. This sign may be lit with concealed ground level or internal illumination.
8. Parkine Signs
a. Directional Signs
Parking directional signs are to provide directional information to, from or through a project. The
information provided shall be kept to a minimum (e.g., visitor parking, monthly parking) and should
use directional arrows where appropriate.
b. Restrictive Signs
Parking restriction signs are used to provide restrictive information (e.g., no parking, permit only,
and handicapped only).
9. Temporary Signs
Temporary signs for Temecula Regional Center are limited to future facilities, leasing, directional,
and construction fence signs. All construction and marketing signing must be contained on one of
these sign types. No other necessary temporary signs are allowed. All signs are to be designed and
built according to specific coordinated requirements for dimensions, materials and colors provided
by the Temecula Regional Center, or its designee. All temporary signs require design and location
approvals from both the Temecula Regional Center and the City of Temecula.
10. Future Facilities Signs
This sign type serves only to identify the future site, project, or company facilities under
development.
IV-67
Information on this sign is limited to:
For Sale, For Lease, Futura Home of, etc.
Type of name of development
Type and area of space available
Major tenant or developer
Financial institution
General Contractor
Amhitect
Leasing Agent
Occupancy Date
Phone Number
Optional Rendering
The sign shall consist of:
A major information panel
2-8 rider panels
An optional phone number panel
Signage design shall be compatible with Regional Center Tenant monolith signs.
These signs may be single or double-faced and parallel or perpendicular to the roadway.
This sign type may be displayed until the building is 90 percent occupied or until 12 months after
initial occupancy, after which they must he replaced by leasing signs.
11. Leasing Signs
This sign type serves only to identify sales or leasing opportunities for completed buildings after
initial occupancy.
Information on this sign is limited to:
For Sale, For Lease, etc.
Type and area of space available
Leasing agent
Phone Number
The sign should consist of:
A major information panel
An optional phone panel
IV-68
A base
Primary information should be given on the major panel, secondary information on the rider panels.
Basic sign design shall be compatible with Regional Center Tenant monolith signs. These signs may
be single or double-sided and parallel or perpendicular to the roadway. Locations and setbacks must
be approved by the Temecula Regional Center or its designee and the City.
a. Regulations
This section establishes guidelines to control and ensure the quality of ail signs within Temecula
Regional Center. Included are compliance requirements, general design and construction
specifications, and signs which are not allowed.
b. Compliance
No person, firm or corporation shall erect, construct, enlarge, alter, rebuild, move, improve, convert,
demolish, or remove any sign, sign structure, or banner standard; nor shall they paint a wail sign; nor
shall they cause or pen'nit the same to be done, except upon approvai.
Any non-conforming or unapproved signs must be removed or brought to compliance at the sole
expense of the persons responsible for their installation, within 30 days of issuance of notice of non-
conformity.
12. Signs Not Permitted
Signs which incorporate any manner of mechanical movement, audible elements, flashing, or
intermittent lighting and/or moving or otherwise animated forms.
Signs which interfere with or conflict with any traffic control device, create a safety hazard
by obstructing the clear view of pedestrian or vehicular traffic, project into the public fight-
of-way or interfere with efficient operations of emergency vehicles.
Signs preventing free access to or from any fire escape, door, window or exit or access to any
standpipe.
Signs which project above a parapet or roofline or which are located upon or affixed to the
roof of a building.
Off-premise signs, including signs or graphics applied to parked vehicles for nearby vendor
identification.
f. Signs or graphics painted directly on exterior of buildings.
g. Landscaping that becomes a sign or message.
IV-69
Signs where the entire face of the sign is illuminated rather than just the graphics.
Graphics painted on or adhered to trash bins or their enclosures.
Sign cabinets with entire faces of plexiglass.
Any sandwich board "A" frame sign or other portable sign.
Signs which identify or advertise a product or service not available on the property.
Any sign placed or displayed on vehicles parked primarily for the purpose of displaying the
sign.
Temporary signs beyond approved period of display.
General Sign Specification
All permanent signs should be designed, spefified and fabricated to have a life expectancy of
at least ten years.
All sign design should be approved by the Temecula Regional Center or its designee, for
design, color, sign layout, location, and size.
All signs being attached to the building facade, parapets, etc. should be reviewed by the
building architect.
All building-mounted signs should be compatible in size, material, and color with the
architecture of the building to which they are attached.
All materials should be a top quality that will not face, delaminate, distort, and/or deteriorate
within ten years.
All signs must meet or exceed all applicable codes (i.e., electrical, mechanical structural,
ctc).
The area of sign with individually applied letters and/or symbol may be measured by a
rectangle around the outside of the letters and/or symbol.
No junction boxes or exposed conduit may be permitted on the exterior face of a sign or
building.
No exposed raceways will be permitted under any circumstances.
IV-70
All raceways, transformers, or electrode boxes or other wiring should be located in f
ceiling spaces or behind walls or sign background.
All signs, bolts, fastenings, and clips of all types should be hot dipped galvanized iron,
stainless steel or brass. No black iron materials of any type will be permitted.
The disconnect switch will be concealed within the sign or in an appropriate place that is out
of view.
All signs containing electrical components will be U.L. approved.
Access hatches should be concealed from view and designed as an aesthetic part of the sign.
Access hatches should be waterproof and lightproof.
All identification labels, except labels that are required by code, should be concealed.
Required labels should be minimum contrast and placed where they are not a dominant
feature of the sign.
Fabricator identification or advertising labels and plates are strictly forbidden.
Except as noted otherwise, surfaces which are intended to be flat shall be without bulges, oil..~
canning or other physical deformities.
All welded seams on the sign face should be finished smooth and not be visible.
Signing should meet all requirements of the City of Temecula. City sign permits must be
obtained as required.
W-71
F. LIGHTING GUIDELINES
1. Lighting Concept
As with landscape and signs, lighting is also an important element contributing to the identity and
unity of Temecula Regional Center and its place in the City of Temecula.
All streets and commercial developments in Temecula Regional Center shall have uniform lighting
standards with regard to style, materials and colors in order to ensure consistent visual environment
and the appropriate architectural theme. All lighting fixtures in the Temecula Regional Center
project area shall comply with the following regulations and provisions. Lighting design shall be
reviewed by City staff for approval at the Development Plan stage.
The level of on-site lighting, as well as lighting fixtures, shall comply with any and all
applicable requirements and policies of the City of Temecula and Mount Palomar
Observatory, except that the maximum height for parking lighting fixtures shall not exceed
forty feet (40'). Energy conservation, safety, and security should be emphasized when
designing any lighting system.
All outdoor lighting, including spotlights, floodlights, electrical reflectors and other means of
illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas
shall be focused, directed, and arranged to prevent glare and illumination on streets or
adjoining property. Low-pressure sodium, low intensity, energy conserving night-lighting is
preferred.
Co
All exterior lights shall be shielded and focused to minimize spill light into the night sky or
adjacent properties per applicable Mount Palomar and City ordinances.
Lights shall be of unbreakable plastic, recessed, or otherwise designed to reduce the
problems associated with damage and replacement of fixtures. Fixtures shall be vandal
proof, yet should not look institutional.
All exterior lighting designs shall develop a sense of hierarchy by varying fixtures. Proper
lighting helps to define the organization of streets and plazas; and also distinguishes
vehicular and pedestrian circulation pattems. Entry areas (both pedestrian and vehicular),
public plazas, community facilities, and highly used recreation areas shall be creatively lit to
develop a sense of place and arrival.
All exterior lighting designs shall address the issue of security. Parking lots, pedestrian
walkways, and building entrances shall be well lighted for security reasons.
IV-72
Service area lighting shall be contained within the service yard boundaries and enclosure~
walls. Minimal light spillover should occur outside the service area. The light sources is not~'
to be visible from the street.
The lighting concept of the entry monumentation features is to illuminate the sign graphics
and to gently wash the walls and pilasters with light. Trees and other landscape features will
be illuminated by ambient light bouncing off the entrance walls.
2. Street Lighting
Street lighting shall be coordinated throughout Temecula Regional Center and shall complement the
architectural and design themes for the project. Lighting design shall comply with all applicable City
of Temecula and Mount Palomar lighting standards, as well as the guidelines set forth in this
Specific Plan.
3. General On-Site Lighting Parameters
To ensure consistency throughout the Temecula Regional Center, on-site lighting must conform to
the overall lighting parameters for the Temecula Regional Center, including the following:
On-site lighting includes lighting for parking areas, vehicular and pedestrian circulation,
building exteriors, service areas, landscaping, security, and special effects.
All exterior on-site lighting shall be shielded and confined within site boundaries.
rays or glare are permitted to shine onto public streets or adjacent lots.
c. Lighting fixtures are to be of clean, contemporary design.
The location and design of all lighting shall be approved by the Temecula Regional Center,
or its designee.
4. Vehicular Circulation and Parkine Area Li~,hting
All vehicular circulation and parking lot lighting shall be zero cut-off fixtures.
Pole footings in traffic areas shall be above grade. They may be round or square.
Fixture orientation shall be parallel or perpendicular to parking or driveway alignments. Skew
angles shall be permitted.
To achieve accurate landscape rendering, the luminaries shall be metal halide.
IV-73
5. Pedestrian Area Lightino
Walkway lighting will be zero cut-off fixtures mounted at a uniform height no more than 8' above
the walkway.
Building entries shall be illuminated with soffit, bollard, step, or comparable lighting.
Step or bollard lighting will be used to clearly illuminate level changes and handrails for stairs and
ramps.
Courtyards, arcades and seating areas shall be lighted to promote pedestrian use and safety. A
variety of lighting will be used to create interest and special effects in coordination with the character
and function of the area.
Bollards may be used to supplement and enhance other pedestrian area lighting. Bollard height may
not exceed forty-two inches (42").
6. Architectural Lighting
Architectural lighting effects are encouraged to promote nighttime identity and character.
All exterior architectural lighting shall utilize indirect or hidden light soumes. However, dramatic
specialty lighting such as exposed neon or "Tivoli" lighting are appropriate. Acceptable lighting
includes wall washing, overhead lighting, and interior lighting that spills outside.
7. Service Area Lightim,
Service area and security lighting must be visible only within the limits of the service area.
Lighting may be zero cut-off fixtures. "Wall-Pak" type fixtures will be used only in service areas and
only when direct visibility is confined to these areas.
Service area and security lighting will not be substituted for pedestrian, architectural, or parking area
lighting.
Freestanding fixtures shall be painted the same as parking area fixtures. Any wall-mounted fixtures
shall be compatible with adjacent wall materials.
8. Accent Li~,htin~,
Unique lighting may be used to feature architectural elements, landscaping, entries, and pedestrian
areas, provided it is compatible with other lighting. Accent lighting used in landscaping and
pedestrian areas shall employ light sources such as metal halide or memury lamps in order to
accurately render plants, lawns, and skin colors.
1V-74
ATrACHMENT NO. 6
OPERATING MEMORANDUM LIST OF RESTRICTED USES FOR LOT 3
R:\G P A~PA01-0418 Eli Lil[y~Agenda Report CC 01-14-03.doc
16
List of Uses Exclusions for Lot 3
(October 15, 2002)
The followinq uses shall not be allowed:
1. Alcoholism or drug treatment facilities
2. Alcoholism or drug treatment (outpatient)
3. Auditoriums and conference facilities
4. Automobile sales (brokerage) - showroom only (new and used) - no outdoor storage
5. Automobile repair services
6. Automobile service stations, with or without an automated car wash
7. Automobile oil change/lube services with no major repairs
8. Automobile service stations selling beer and/or wine
9. Building material sales
10. Car wash, full service
11. Community care facilities
12. Congregate care housing for the elderly
13. Convenience market (ie. a mini mart and similar styles of C-store)
14. Dry cleaning plant
15. Funeral parlors, mortuary
16. Health care facility
17. Kennel
18. Liquor stores
19. Mini-storage or Mini-warehouse facilities
20. Nightclubs/taverns/bars/dance club/teen club
21. Pawnshop
22. Pest control services
23. Restaurant, drive-in/fast food
24. Taxi or limousine service
25. Wedding chapel
R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc
17
The followinq uses are further limited or clarified
1. Grocery store, retail - is clarified to include specialty markets and smaller full service
markets and stores.
2. Equipment sales and rental (no outside storage) - excludes heavy machinery and
equipment, and trucks.
3. Floor covering sales - showroom facilities only with no outside storage.
4. Guns and firearm sales - shall be allowed as accessory of a larger sporting good or
general merchandise store.
R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc
18
ATTACHMENT NO. 7
DEVELOPMENT AGREEMENT NOVEMBER 9, 1999
R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc
19
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into
as of the 9thday of November, 1999 ("Agreement Date"), by and between ELI LILLY
AND CO,, (hereinafter ,OWNER,'), and the CITY OF TEMECLrLA, a municipal
corporati°n, orga~zed and existing ~der the laws of the State-of Califon~ia (hereihaft~r
"CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the California
Government Code (the "Development Agreement Legislation") and Article XI, Section 2
of the California Constitution~
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize certain capitalized terms which are '
defined in this Agreement. The parties intend to refer to those definitions in conjunction
with the use thereof in these Redtals.
B. The Development Agreement Legislation authorizes CITY to enter into
binding development agreements with persons having legal or equitable interests in real
property for the development of such property in order to, among other matters: ensure
high q~iality devel°Pment in accordance with comprehensive plans; provide certainty.in
the approval of development projects so as to avoid the waste of resources and the
escalation in the cost of housing and other development to the consumer; provide
assurance to the applicants for development projects that they may proceed with their
projects in accordance with existing policies, rules and regulations and subject to
conditions of approval, in order to strengthen the public planning process and encourage
private participation in comprehensive planning and reduce the private and public
economic costs of development; and provide for economic assistance to OWNER for the
entitlements authorizing development related improvements.
C. oWNER.is the Owner of certain real property within the County of
Riverside, State of California (the "Property"), as more particularly describedin Exhibit
"A" attached hereto and made a part hereof. OWNER desires to develop the Property in
accordance with the provisions of this Agreement, the applicable regulations 0fthe City .
of Temecula and those regulations of other agencies exercising jurisdiction upon the
project. The Scope of Development of the Property as ~ontemplated by this Agreement is
described in the Agreement in Section 1.15.
L\TEMECULA'~,ELILILLY~DEVAGR 3D/99 I
D. OWNER has applied for, and. CITY has granted this Agreement in order to
create a beneficial project and a physical environment that will conform to and
complement the goals of CITY,'create a development project sensitive to human needs
and values, facilitate efficient traffic circulation, and develop the Property. As part of the
process of granting this entitlement, the City Council of CITY (hereinafter the "City
CounCil'') has [equired the preparation of an environmental review and has issued a
Negative Declaration .as regards any significant effects arising from the Project and has
otherwise carried out all requirements of the California Environmental Quality Act
CCEQA") of 1970, as amended.
Project:
The following actions were taken with respect to this Agreement and the
1. On .9/20/99 , following a duly noticed and conducted
public hearing, the City Planning Commission recommended that the City Council
approve this Agreement;
2. On ,a/~ 0/00_ , after a duly noticed public heating and
pursuant to CEQA, the City Council adopted.the Negative Declaration for this Agreement
and the project;
3.' On .10/10/99 , after a duly noticed public hearing, the City
Council determined that the provisions of this Agreement are consistent with the General
Plan of the CITY;
4. On 10/19/99 , after a duly noticed public heating, the;City
Council introduced Ordinance No. 90-27 . approving and authorizing the execution of
this Agreement and on ' 11/9/99 a the City Council adopted the Ordinanee~ a copy
0f Which is on file in the Development Services Department at the CITY, and adopted the
findings and conditions pertaining thereto, including those relating to the environmental
documentation for the Project.
F. The CITY has engaged in extensive studies and review of the potential
impacts of the Project as well as the various potential benefits to the CITY by the
development of the Project and concluded that the Project is in the best interests of the
City.
G. In Consideration of the substantial public improvements and benefits to be
provided by OWNER and the Project, and in order to strengthen the public financing and
planning process and reduce the economic costs of development, by this Agreement,
CITY intends to give OWNER assurance that OWNER can proceed with the
development of the Project for the Term of this Agreement pursuant to the terms and
L\TEMECULAkELILILLY~DEVAGR 3D/99 '9
conditions of this Agreement and in accordance with CITY's General Plan, ordinances,
policies, roles and regulations existing as of the Effective Date. In reliance on CITY's
covenants in this Agreement concerning the Development of the Property, OWNER has
and will in the future incur substantial costs in site preparation and the cons~'Uction and
installation of major infrastructure and facilities in order to make the Project feasible.
H. Pursuant to Section 65867.5 of the Development Agreement Legisiati°n,'
the City Council has found and determined that: (i) this Agreement and the Existing
ProjeCt Approvals implement the goals and policies of CITY's General Plan, provide
balanced and diversified land uses and impose appropriate standards and requirements
with respect to land development and usage in Order to maintain the overall quality of life
and the environment within CITY, (ii) this Agreement is in the best interests of and not
detrimental to the public health, safety and general welfare of CITY and its residents; (iii)
adopting this Agreement is consistent with CITY's General Plan and constitutes a present
exercise of the CITY's police power; and (iv) this Agreement is being entered into
Pursuant to and in compliance with the requirements of Section 65867 of the
Development Agreement Legislation.
I. CITY and OWNER agree that it maY:be beneficial to enter into additional
agreements or to modify this Agreement with respect to the implementation of the
separate components of the Project when more information concerning the details of each
component is available, and that this Agreement should expressly allow for such
contemplated additional agreements or modifications to this Agreement.
NOW, THEREFORE, pursuant to the authority contained in the
Development Agreement Legislation, as it applies to CITY, pursuant, to Article XI,
Section 2 of the California Constitution, and in consideration of the foregoing recitals of
fact, all of which are expressly incorporated into this Agreement, the mutual covenants
set forth in this Agreement and for the further consideration described in this Agreement~
the parties agree as follows:
1. Definitions.
The following words and phrases are used as defined terms throughout this
Development Agreement and each defined term Shall have the meaning set forth below.
1.1. Authorizine Ordinance. The "Authorizing Ordinance" means Ordinance
No. 99-27 approving this Agreement.
1.2. · CITY. The "CITY" means the City of Temecula, California a municipal
corporation, duly Organized and existing under its charter and the Constitution and laws
of the State of California, and all of its officials, employees, agencies and departments.
L'~TEMECULA~ELILILLY~DEVAGR 3/9/99 3
1.3. City_ Council. "City CoUncil" means the duly elected and constituted city
coUncil of the CITY.
1.4. ]Development. "Development'' means the improvement of the Property
for purposes consistent with the Project's land use authorization, including, without
limitation: grading, the construction of infrastructure and public facilities related to the
Off-site Improvements and on-site Improvements, the construction Of structures and
buildings and the installation 0f landscaping.
1.5.. Development Agreement Legislation. The "Development Agreement
Legislation" means Sections 65864 through 65869.5 0fthe California Govemment Code
as it exists on the Effective Date.
1.6. Development Fees. "Development Fees" means development impact and.
processing fees imposed on the Development as conditions of development and limited as
more particularly set forth in Section 4.3.
1.7. Development Plan. The "Development Plan" consists' of this Agreement,
the Existing Regulations, and those Future Devtlopment Approvals, if any, contemplated,
necessary~ and requested by OWNER to implement the land uses author[zed by the
Project.
1.8. ~. "EffeCtive Date" means the date the Authorizing
Ordinance becomes effective.
1.9. ~lg2~allalio~. "Existing Regulations" means those ordinances,
roles, regulations, policies, requirements, guidelines, constraints or other actions of the
CHOY, other than site-specific Project Approvals, which purport to affect, govern or applY
to the Property or the implementation of the Development Plans in effect on the Effective
Date. Existing Regulations shall also include the text of the zoning district designations
of any combination of Community Commercial, Service Commercial, Office Professional
or High Density Residential for the site of the Project.
1.!0. Future Development Approvals. "Future Development Approvals"
means those entitlements and approvals contemplated, necessary, and requested by CITY
or OWNER to develop the Property subsequent to completion of the Project and
approved by the City currently upon or after the Effective Date. The parties hereto
expressly anticipate Owner will institute mixed uses on the property that may include
some combination of Business Park-Light Industrial, Office Professional, Residential. and
Commercial uses. The CITY shall cooperate with OWNER, pursuant to Section 3.1.3., if
OWNER Undertakes to implement a Planned Development Overlay zoning district for the
purposes of authorizing the intermixing of these uses.
L\TEMECULK~ELILILLY~DEVAGR 3/9/99 4
1.11. Off-site Improvements. "Off-site Improvements" means physical
infrastructure improvements or Facilities which are not and will not be located on the
Property.
1.12. On-site Improvements, "On-site Improvements" means physical
infrastructure improvements or facilities that are or will be located on the Property.
1.13. OWNER. "OWNER" is initially ELI LILLY AND COMPANY., an
Indiana corporation.
1.14. nh' ' ' . "Planning'Commission" means the duly
appointed and constituted planning commission of CITY.
1.15. Pro_iect. "Project" means changes in General Plan Land Use and City
Zoning Map designations, as well as any associated specific plan amendments and
environmental review for the approximately 37.4 acres located generally north of Solana
Way, west of Margarita Road, south of Overland Drive; and east of Ynez Road as
depicted on Exhibit "B", that are necessary to allow some combination of Business Park,
Light Industrial, Office Professional, High Density Residential, and/or Commercial uses
thereon: This Agreement envisions that the following changes will be made so as to
encourage a high quality development that enhances the City's economic base,
'complements other developments in the vicinity, responds, to market demands as seen by
OWNER, and that is compatible with the Surrounding area. These changes could include
the following:
1. That the southerly +/-20.7 acres may be redesignated to primarily
High Density Residential.
2. That the western half of the northerly +-16.7 acres may be
redesignated to either Service or Community Commercial.
3. That the castem half of the northerly +-16.7 acres may be
redesignated to eiiher Community Commercial or High Density Residential.
1.6 Pro_iect Approval. "Project Approval" means the accomplishment of the
legislative land use amendments as described in Section 1.15.
L\TEMECULA~EL1LILL3t~DEVAGR 3/9/99 5
2. (~neral Provisions.
2.1. ~lJag~dllll~. The provisions of this Agreement to the extent
permitted by law shall constitute covenants which shall mn with the Property for the
benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the
benefit of the p~gties and all successors in interest to the parties hereto~
2.2. Interest of OWNER. OWNER represents that OWNER has a legal
interest in the Property.
2.3. Term. The term (hereinafter called "Term") of this Agreement shall
commence on the Effective Date and shall extend for a period of twenty (20) years
thereafter terminating at the end of the day preceding the twentieth (20th) anniversary of
the Effective Date, subject to specific extensions, revisions and termination provisions of
this Agreement.
2.4. Termination. This Agreement shall be deemed terminated and of no
further effect upon the occurrence of any of the following events:
2.4. 1. If termination occurs pursuant to.any specific provision of this
Agreement;
2.4.2. Completion of the total build-out of the Deve. lopment pursuant to
the terms of this Agreement and the CITY's issuance of all required occupancy permits
and acceptance of all dedications and improvements required'to complete Development;
or
2.4.3. Entry after all'appeals have been exhausted of a final judgment or
· issuance of a final order directed to the CITY as a result of any lawsuit filed against the
CITY to set aside, withdraw, or abrogate the approval of the City Council of this
Agreement for any part of the Project.
The termination of this Agreement shall not affect any right or duty arising
independently from entitlements issued by CITY or other land use approvals approved
prior to, concurrently or subsequent to the approval of this Agreement.
2.5. Transfers and Assignments.
.2.5.1. ]gJghI..t_o_~.~. OWNER shall have the right from time to time
and on such number of occasions as it chooses to sell, assign or otherwise txansfer all or
any portion ofits interests in the prOperty together with all its right, title and interest in.
this Agreement, or the portion thereof which is subject to transfer (the "Transferred
L\TEMEcuLA~ELIL1LLY~DEVAGR 3/9/99 6
Property") to any person or entity at any time during the Term of this Agreement;
Provided, however, that any such transfer or assignment must be pursuant to a sale,
assignment or other'transfer of the interest of OWNER in the Property, or a portion
thereof. In the event of any such sale, assignment, or other transfer, (i) OWNER shall
notify CITY within twenty (20) days of such event of the name of the Ixansferee, together
.with the c0rresP0ndigg emitlemems b_eing t~ansferrec[.t0, spch transfer9~ and (ii). the
ag~eement between OWNER and such'txansferee pertaining to such tmnsf~r Shall provide
that either OWNER or the transferee shall be liable for the performance oi'those
obligations of OWNER under this Agreement which relate to the Transferred Property, if
any.. Each transferee and OWNER shall notify cITY in writing which entity shall be
liable for the performance of each respective obligations.
2.5.2. Rights of Successors and Assigns, Any and all successom and
assigns of. OWNER shall hav. e all.of the same rights, benefits and Obligations of OWNER
under this Agreement.
2.6. Amendment Of Development Agreement.
2.6.1. Initiation of Amendment. Either party may propose an
amendment to 'this Agreement and both parties agree that it may be beneficial to enter
into additional agreements Or modifications of this Agreement in connection with the
· implementation o.fthe Separate components of the Project.·
2.6.2. Procedure. Except as set forth in Section 2_:6.4 below, the
procedure£or proposing and adopting an.amendment to.this Agreement shall be the same
as the procedure required for entering into this Agreement in the first instance.
2.6.3. Consent. Except as expressly provided in this Agreement, any
amendment to this Agreement shall require the written consent of both parties. No
amendment to all or any provision of this Agreement shall be effective unless set forth in
writing and signed by duly authorized representatives of each of the parties.
2.6~4. l~ll.~l~llllram~. The parties acknowledge that
refinements and further development of the Project may demonslxate that changes are
appropriate with respect to the details and'porformance of the parties Under this
Agreement. The parties desire to retain a certain degree of flexibility with respect to the
details of the Development and with respect to those items covered in general terms under
this Agreement. If and when the parties mutually find that changes, adjustments, or .
clarifications are appropriate to further the intended purposes of this Agreement, they
may, Unless otherwise required by law, effectuate such changes, adjustments, or
clarifications without amendment to this Agreement through operating memoranda
mutually approved by the parties, which, after execution, shall be attached hereto as
L\TEMECUI~ELI LILLY~DEVAGR 3/9/99 7
addenda and become a part hereof and may be further changed and amended from time to
time as necessary, with further approval by City Manager, on behalf of the CITY and by
any corporate Officer or other person designated for such purpose in a writing signed by a
corporate officer on behalf of OWNER. Unless otherwise required by law or by the
Project Approvals, no such changes, adjustments, or clarifications shall require prior
notice or heari_ng.
3. Description of Development.
3.1. Development and Control of Development.
3.1.1. Pro_iect. While this Agreement is in effect, OWNER shall have'
the vested right to implement the Development authorized by the Project pursuant to this
Agreement and the Project Approvals and CITY shall have the right to control the'
Development in accordance with the terms and conditions of this Agreement. Except as
otherwise specified in this Agreement, theExisting Regulations Shall control the.design
and Development, Future Development 3/pprovals and all On-Site Improvements and
Off-Site Improvements and appurtenances in connection therewith.
3.1.2. Timing of Development. Regardless of any future enactment, by
initiative, or otherwise, OWNER shall have the discretion to develop the Future
Development in One phase or in multiple phases at such times as OWNER deems
appropriate within the exercise of its subjective business judgment. Specifically, CITY
agrees that OWNER shall be entitled to apply for and receive permits, maps, occupancy
certificates and other entitlements fo develop and use the Property at any time, provided
that .such-application is made in accordance with this Agreement and the Existing
Regulations.
Thc parties hereto expressly reject the holding
Company v. Ci_ty of camarillo, 37 Cal. 3d 465 (!984) as regards any authOrity regulating '
the phasing of the Development.
3.1.3. ~ntitlements. Permits and Approvals - Cooperation. CITY
shall accept and timely process, in the normal and legal manner for processing such
matters, all applications for Future Development Approvals anticipated under this
Agreement. CITY shall not withhold any building permit, final inspection or certificate
of occupancy from OWNER if OWNER has satisfied all conditions and requirements of
this Agreement and the Future Development Approval. In regards to the Project
Approvals, CITY shall have the sole responsibility to apply for, if necessavd, a revision to
the City of Temeeula General Plan, a change 0fzone from Business Park to any .
combination of Community Commercial, Service Commercial, Office-Professional or
High Density Residential to facilitate the Project and necessary specific plan revisions.
C)
L\TEMECULA~ELILILLYkDEVAGR 3/9/99 8
CITY shall commit an amount, not to exceed Fourteen Thousand Dollars ($14,000.00), to
pay its own processing and application fees needed to accomplish these revisions.
OWNER shall bear no cost for any such application but shall have the right to participate
in all stages of the consideration of such revisions. All other entitlements, permits, or
approvals shall be obtained by OWNER at its own s01e cost and expense.
........................ ............
Completion of the Project, cITY shall be responsible for the satisfaction of any mitigation
measures that do not depend on, act upon, or relate to Future Development Approvals. In
connection with the issuance of any Future Development Approvals which are subject to
review under CEQA, unless required under CEQA, the CITY shall not impose any
environmental land use alternatives or mitigation measures in addition to those referenced
in the Project Approvals or deemed reasonably necessary in light of the development
activity proposal.
3.1.3.2. Other Permits. CITY also agrees to assist and
cooperate with OWNER in securing any County, State and Federal permits or
authorizations which may be required in connec!ion with development of the Project.
· 3.2. Rules. Regulations and Official Policies. ·Except as otherwise specified
in this Agreement and the Project Approvals, thc rules, regulations and official policies
governing the permitted uses of the Property, the density and intensity of use of the
· Property, the'provisions for reservation or dedication of land for. public purposes and the
design, improvement and construction standards and specifications applicable to
Development of the Property shall be the Existing Regulations. In connection with any
subsequent approval or action which CITY is permitted or has the right to make under
this Agreement relating to the Project, CITY shall exercise its discretion or take action in
a manner which complies and is consistent with this Agreement, the Existing Regulations
· and such other standards, terms and conditions contained in this Agreement.. An
overview and non2exhaustlve llst of Existing Regulations is listed in Exhibit "C". CITY
has certified two copies of each of the documents listed on Exhibit "C". CITY has
retained one set of the certified docnmcuts and has provided OWNER with the second
set. :
3.3. Reserved Authori _ry.
3.3:1. Uniform Codes. This Agreement shall not prevent CITY from
applying new roles, regulations and policies relating to uniform codes adopted bythe
State of California, such as the Uniform Building Code, National Electrical Code,
Uniform Mechanical 'C0de or Uniform Fire Code, as amended, and the application of the
aforementioned uniform codes is hereby approved including as the same may be amended
by CITY from time to time.
L\TEMECUI.~ELI L1LLY~EVAGR 3D/99 9
3.3.2. $ta~e and Federal Laws and Regulations..In the event that State
or Federal laws or regulations prevent or preclude compliance with one or more of the
provisions of this Agreement, such provisions of this Agreement shall'be modified or
suspended as may be necessary to comply with such state or federal laws or regulations;
provided, however, that this Agreement shall remain in full force and effect to the extent
................... ~t_is_.n_gt. inconsist_e.p_t..__w~_'~_s_u_ch__la_w_ s~or re~gulations_._ap__d_ t~o ~e_e_x_t_e_nt~suc~h la~_w__s.._o.~ :.
regulations do not render such remaining provisions .impractical to enforce.
Notwithstanding the foregoing, CITY shall not adopt or undertake any regulation,
program or action, or fall to take any action which is inconsistent or in conflict with this
Agreement until CITY makes.a finding that such regulation, program action or inaction is
required (as.opposed to permitted) to comply with such State and Federal laws or
regulations after taking into consideration all reasonable alternatives.
3.3.3. Regulation for Health and Safety_. Notwithstanding anything to.
the contrary in this Agreement, CITY shall have the right to apply CITY regUlations
(including amendments to the Existing Regulations) adopted by the CITY after the ·
Effective Date, in connection with any Future DeVelopment Approvals, or deny, or
impose conditions of approval on, any Future Development Approvals in CITY's so!e.
discretion if such application is requked to protect the physical health and safety of
existing or future occupants of the Property,.or any portion theregf or anY lands adjacent ' (
thereto.
3.4; 3Lett.O.l!J. ghI. By entering into this Agreement and relying thereupon,
OWNER is obtaining vested rights to proceed with the Development anticipated by the
Project in accordance with the terms and conditions of this Agreement, and in accordance
with, and to the extent of, the Proj&ct Approvals. By entering into this Agreement and
relying thereupon, CITY is securing certain public benefits which enhance the public
health, safety and welfare, a partial listing of which benefits is set forth in Section 4.1.
CITY therefore agrees to the following:
3.4.1. No Conflicting Enactments. Except as provided in section 3.3 of
this Agreement, neither the City Council nor any other agency of CITY.shall enact a~ rule;
regulation, ordinance or other measure (collectively "law") applicable to the Property
which is inconsistent or in conflict with this Agreement. Any law, whether by specific
reference to the Development Agreement or otherwise, shall be considered to conflict if it
has any of the following effects:
(i) Limits or reduces the density or intens!ty of the.
Development as regulated by the Existing Regulations or otherwise requires'any
reduction or increase in the number, size or square footage of lot(s), structures, buildings
or other improvements; or
L\TEMECUI~.~ELILILLY~DEVAGR 3/9/99 10
(ii) Applies to the Property, but is not uniformly applied by the
CITY to all substantially similar development within the CITY.
The above list is not intended to be comprehensive or to limit the types of action that
would conflict with Existing Regulations and this Agreement.
3.4.2. ~. By way
limitation, the following types of enactments shall be considered consistent with this
Agreement and Existing Regulations and not in conflict:
(i) Relocation of structures within the Property:pursuant to an
application from OWNER; and.
(ii) Changes in the phasing of the development pursuant'to an
application from OWNER.
3.4.3. Initiative Measures. In addition to and not in limitation of the
foregoing, it is the intent of OWNER and CITY that no moratorium or other limitation
(whether relating to the development' of all or any part of the Project and whether enacted
by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting
tentative or final), site development permits, precise plans, site development plans,.
building permits, occupancy certificates or other entitlements to use approved, issued or
granted within cITY, or portions of CITY, shall apply to the Project to the extent such
moratorium or other limitation would restrict OWNER's fight to develop the Project in
-such order andat such rate as.OWNER, deems appropriate. CITY agrees to cooperate
with OWNER in all reasonable manners in order to keep this Agreement in full force and
effect. In the event of any legal action instituted by a third party or other governmental
entity or official challenging the validity of any provision of this Agreement, the parties
hereby agree to cooperate in defending such action. In the event of any litigation
challenging the effectiveness oft}ds Agreement, or any portion hereof, this Agreement
shall remain in full force and effect while such litigation, including any appellate review,'
is pending.
3.4~4. Consistency Between This Agreement and Current'Laws.
CITY represents that there are no rules, regulations, ordinances, policies or other
measures of the CITY in force as of the Agreement Date that would interfere with
Development and use of all or any part of the Property according this Agreement.
L\TEMECULA~LILILLYR)EVAGR 3/9/99 11
3.5. Future Amendments to Development Plan. The folloWing rules apply to
future amendments to the Development Plan:
3.5.1. OWNER's Written Consent. Any Development Plan
amendment to which oWNER does not agree in writing shall no~ apply to the Property or
the Project while this A~__e_ement is in effect. '
3.5.2. Concurrent Develonment A~reement Amendment. Any
Development Plan amendment requiring amendment of this Agreement shall be
processed concurrently with an ameridment to this Agreement.
3.5.3. e o d . Except as expressly set forth within this
Agreement, a Development Plan amendment Will not alter, affect, impair or otherwise
impact the fights, duties and obligations of the parties under this Agreement.
4. Obligations of the Parties.
4.1. ~. The direct and indirect benefits CITY (including,
without limitation the existing: and future residents of CITy) will receive pursuant to the
implementation 0fthe Agreement include, but are not limited to, the folloWing:
4.1.1. Comprehensive Planning. Providing a comprehensive planning
effort;
4.1.2. Short Term Employment. Creating Substantial employment
oppommities'through the construction and development phase;
4.1.3 Long Term Employment. creating substantial employment
opportunities subsequent to the Development;
4.1.4 Improvements. The development of the Property, including
0ffsite infrastructure improvements; and
4.15 Settlement of Litigation. The adoption of this Agreement shall
result in the settlement of an eminent domain action between the parties.
4.2, Limitation on Development Fees. Certain presently undefined
development impact and processing fees Will be imposed on the Development as
conditions of approval. In addition to the account described in Section 3;1,3, CITY shall
establish an account in the full sum of SeventY-eight Thousand Four Hundred Fifty
Dollars ($78,450.00) to be used, from time to time, to satisfy the development impact and
processing fees attributed to the Development or any portion thereof. Such account shall
L\TEMECULA~ELILILLY~DEVAGR 3/9/99 12
not accrue interest and shall not be subject to reimbursement to OWNER as to any .
unexpended sums. This principal sum reflects an mount that CITY would otherwise
have transferred to OWNER as consideration for certain land acquisition necessary for
CITY right-of-way.
4.3. Dedications and Exactions. At the apj~r_op~ate_points in the
Development of the Property, OWNER shall irrevocably offer for dedication or reserve
for acquisition by City or its designee the streets, rights-of-way, parkland and other areas
as more fully set forth in the Future Development Approvals. In addition to and not in
limitation of the foregoing, CITY sh~ll not levy or require any further dedications on or
along Margarita Road or Overland Drive, nor shall CITY levy or require any exactions in
connection with Project Approvals or Future Development Approvals Which would
directly limit access t° the Property. Notwithstanding the foregoing, Future Development
Approvals will be reviewed in a manner consistent with the general review procedures of
the CITY accorded the particular type of Future Development Approval being sought and
necessary conditions imposed in a manner consistent with this Agreement.
4.4. Public Improvement Districts. CITY agrees not to, on its .own initiative,
undertake to include the Property in any public improvement district, assessment district
and/or community facilities district (collective "Districts") which Dislrict is not intended
to have a city-wide or substantially city-wide effect. A substantially city-wide effect shall
mean the District is applicable to not less than sixty pement (60%) of the land or owners
within the City.
...... 4.5 Existing Community ]Facilities District Assessments.. CITY agrees to
use its reasonable best efforts to maintain the level of the current tax rate and amount of
outstanding bonded indebtedness. CITY shall, at all times, conduct its deliberations with
the goal of satisfying the highest levels of benefit to CITY as a Whole and shall base its
decision on the best interests of CITY as a whole. Nothing herein shall require CITY to
challenge, in any manner, deelsions of superior levels of government that may affect the
tax levels on .the Property.
4.6 Termination of Eminent Domain Action. In addition to the other
compensation in this Agreement, the entire deposit in the eminent domain action
(Riverside County Superior Court Case No. RIC 314613, referred to in the rest of this
section as the "Action") of Ninety-six Thousand Five Hundred Fif~y-six Dollars
($96,556.00), plus any interest that accrued on the deposit, shall be immediately Yeleased
to OWNER. If other person(s) claim any part of the d~posit, CITY shall instead pay
OWNER Ninety-six Thousand Five Hundred Fifty-six Dollars ($96,556.00) by check.
Once OWNER receiYes such funds, OWNER shall, at CITY's option, either (a) stipulate
to a final order of condemnation for the "subject property" defined in the Complaint in
L\TEMECULA~ELILILLY~DEVAGR 3/9/99 13
Eminent Domain in the Action, or (b) sign and deliver a deedtransferdng said "subject
Property" to CITY, with CITY then dismissing OWNER from the Action.
5. FUrther Assurances ~o OWNER Re~,ardin~, Exercise of ReserVed Authori _ry.
5.1. Adoption of General Plan and Granting of'Other Pro!eot Approvals.
granting the other Project Approvals, CITY will consider the health, safety and welfare of
the residents of CITY2
5.2. A~surances to OWNER..The parties further acknowledge that the public
benefits to be provided by OWNER to CITY pursuant to this Agreement a~e in
· consideration for and r61iance upon assurances that thePropetty Can be developed in
accordance with the Project Approvals and .this Agreement. Accordingly, while
recognizing that the Development of the Property may be affected by exercise of the
authority and rights reserved and excepted as provided in Sections 3.3.1 and 3.3.2.
("Reserved Authority-") or this Agreement, OWNER is concerned that normally the
judiciary extends to local agencies significant deference in the adoption of land use
regulations which might permit CITY in violation of the Reserved Authority, to attempt
to applY regulations which are inconsistent with the Project Approvals pursuant ~o the
exercise of the Reserved Authority. Accordingly, OWNER desires assurances that CITY
shall not and CITY agrees that it shall not further restrict or limit the development of the
Property in violation of this Agreement except in strie[ accordance with the Reserved
Authority.
..5,_3. Judicial Review. B~sed .on the foregoi~3g, jn.~he event OWNER judicially
(including by way of a reference proceeding) challenges the application ora future land
use regulation a~ being in violation of this Agreement and as not being a land USe
regulation adopted· pursuant to the Reserved Aut.hority~ OWNER shalt-beae the .burden of
proof in establishing that such nde, regulation dr policy is inconsistent with the Existing .
Regulations and the Project Approvals and CITY shall thereafter bear the burden of proof
in establishing that such regulation was adopted pursuant .to and in accordance with the
Reserved Authority and was not applied by CITY in violation of this Agreement.
6. ~. ·Except to the extent of the negligence or willful misconduct of
the Indemnified Parties(as defined below), OWNER, and with respect to the portion of
the Property transferred to them, the transferee agrees:
(i) to indemnify, defend, and hold harmless the Indemnified Parties from and
against each and every claim, action, proceeding, cost, fee, legal cost; damage, award or
· liability of any nature arising from'alleged damages caused to third parties and alleg!ng
that CITY is liable therefor as a direct or indirect result of CITY's approval of this
L\TEMECULA~ELIL1LLYXDEVA GR 6/1/99 14
Development Agreement. OWNER's duties under this Section 6(i) are solely subject to
and conditioned up°n the Indemnified Parties' written request to OWNER to defend
and/or indemnify CITY. Without in any way limiting the provisions of this Section 6(0,
the parties hereto agree that this Section 6(i) shall be interpreted in accordance with the
provisions of California Civil Code Section 2778 in effect as of the Agreement Date.
(ii) during the term of this ii}i .........................
contractors, attorney, and employees (the "Indemnified Parties") from and against any
claims or proceeding against the Indemnified Parties to set aside, void or annul the
approval of this Development Agreement. CITY shall retain settlement authority with
respect tO any matter provided that prior to settling any such lawsuit or claim, OWNER
shall provide CITY with a minimum ten (i0) business days written notice of its intent to
settle such lawsuit or claim. If CITY0n its reasonable discretion) does not desire to settle
such lt/wsnit or claim, it may notify OWNER of the same, in which event OWNER may
still elect to settle the lawsuit or claim as to itself, but CITY may elect to continue such
lawsuit, but at oWNER's cost and expense, so long as the CITY's decision is predicated
upon a legitimate and articulated threat to either the exercise of its police powers or a risk
of harm to those present within the CITY.
7. Relationship of Parties. The Contractual relationship between CITY and
OWNER is such that OWNER is an independent contractor .and not the agent or
employee 0f CITY. CITY and OWNER hereby renounce the exiStence of any form of
joint venture Or partnership between them, and agree that nothing contained in this
Agreement or in any document executed in connection with the Project shall be construed
as making CITy_and O~qER joint venturers or parmers.
8. ' Amendment or Cancellation of Agreement. This Agreement may be amended
or canceled in whole or in part only by mutual consent of the parties inthe manner
· provided for in. Government Code Section 65868. No amendment or modification of this
Agreement or any provision hereof shall be .effective unless set forth in writing and
signed by duly authorized representatives of each party hereto. This provision shall not
limit CITY's or owner remedies as provided by Section 10.
9. Periodic Review of Compliance with Agreement.
9.1. Periodic Review. CITY and OWNER shall review this Agreement at
least once every 12-month period from the date this Agreement is executed. CITY shall
notify OWNER in writing of the date for review at least thirty (30) days prior thereto.
Such Periodic review shall be Conducted in accordance with Government Code Section
65865.1.
L\TEMECULA~EL1 LILLY~DEVAGR 319/99 15
9.2. Good-Faith Compliance. During each periodic review, OWNER shall be
required to demonstrate good faith compliance with the terms of this Agreement.
OWNER agrees to' furnish such reasonable evidence of good faith compliance as CITY,
in the exercise of its reasonable discretion, may require. If requested by OWNER, CITY
agrees to provide to OWNER, a certificate that OWNER or a Development Transferee is
all reasonable and direct costs and fees incurred by CITY with respect thereto~
9.3. Failure to Conduct Annual Review. The failure of the CITY to conduct
the annual review shall not bean oWNER default. Further, OWNER shall not be
entitled to any remedy for CITY failure to conduct this annual review.
9.4. Initiation of Review by City_ Council.' In addition to the annual review,
the CIT~, Council may at any time initiate a review 0f this Agreement by giving written
notice to OWNER. Within thirty (30) days following receipt 0f such notice, OWNER
shall submit evidence to the CITY Council of oWner's good faith compliance with this
Agreement and sUCh review and determination shall proceed in the same manner as
provided for the annual review. The City Council shall initiate its review pursuant to this
Section 9.4 only if it has probable cause to believe the CITY's general health, safety Or
welfare is at risk as a result of specific acts or failures to act by OWNER.'
9.5 Administration of Agreement. Any decision by CITY staff concerning
the inteipretation and administration of this Agreement and Development of the Property
in accordance herewith may be appealed by OWNER to the City Council} provided that
any such appeal shall be filed with the City Clerk within ten (10) days after OWNER
receives notice of the staff decision. The City Council-shall render, at a noticed public
hearing, its decision to affirm, reverse or modify the staff decision within thirty (30) days
after the appeal was filed.
9.6. Availabill _fy of Documents. If requested by OWNER, CITY agrees to
provide to OWNER copies of any documents, reports or other items reviewed,
accumulated or prepared by or for CITY in connection with any periodic compliance.
review by CITY, provided OWNER reimburses CITY for all reasonable and direct COsts
and fees incurred by CITY with respect thereto, ciTY shall respond to oWNER's
request on or before ten (10) business days have elapsed fr0m. CITY'S receipt of such .
request.
10. Events of Default Remedies and Termination. Unless amended or canceled as
provided in Section 8, or modified or suspended pursuant to Government Code'Section
65869.5 or terminated pursuant to this Section 10, this Agreement is enforceable by either
party hereto. ·
L\TEMECULA~ELI LILLY~DEVAGR 3/9/99 16
( ~
10.1. l~t~lll~t~)3~. If CITY determines on the basis of a
prePonderance of the evidence that OWNER has not complied in good faith with the
terms and conditions of this Agreement, CITY shall, by written notice to OWNER,
specify the manner in which OWNER has failed to so comply and state the steps
OWNER must take to bring itselfinto compliance. If, within sixty (60) days after the
so comply, OWNER does not commence all steps reasonably necessary fo bring itself
into compliance as reituired and thereafter diligently pursue such steps to completion,
then OWNER shall be deemed to be in default under the terms of this Agreement. CITY
may terminate this Agreement pursuant to Government Code Section 65865.1. OWNER
agrees that its default hereunder is a conclusive rePresentation that it is consenthig to the
cancellation of this Agreement. ' In event of default by OWNER, except as provided in
Section 10.3, CITY's sole remedy for any breach of this Agreement by OWNER Shall be.
CITY's right to terminate this Agreement.
10.2. Defaults by CITY. If OWNER determines on thc basis ora
preponderance of the evidence that CITY has not complied in good faith with the terms
and conditions of this Agreement, OWNER shall, by written notice to CITY, specify the
manner in which CITY has failed to So comply and state the steps CITY 'must take to
bring itself into compliance. If, within sixty (60) days after the effective date of notice
from OWNER specifying the manner in which CITY has failed to so comply, CITY does
not commence all steps.reasonably necessary to bring itself into compliance as required
and thereafter diligently pursue such steps to completion, then CITY shall be deemed to ·
be in default under the terms of this'Agreement and OWNER may terminate this .
Agreement and, in addition, may pursue any other remedy available at law or equity,
including specific performance as set forth in Section 10.3.
10.3. Specific Performance Remedy. Due to the size, nature and scope of the
Project, it will not be practical or possible to restore the Property to its natural condition
once implementation of this Agreement has begun. After such implementation, OWNER
may be foreclosed from other choices it may have had to utilize the Property and provide
for other benefits. OWNER has invested significant time and resources and performed
extensive planning and processing of the Project in agreeing to the terms Of this
Agreement and Will be investing even more significant time and resources in
implementing the Project in reliance up°n the terms of this Agreement, and it is not
possible to determine the sum of moneY which would adequately compensate OWNER
for such efforts. For the above reasons, CITY and OWNER agree that damages would
not be an adequate remedy if CITY fails to carry out its obligations under this Agreement
and that OWNER shall have the right to seek and obtain specific performance as a
remedy for any breach of this Agreement. CITY and OWNER further acknowledge that,
if OWNER fails to carry out its obligations under this Agreement, CITY shall' have the
right to refuse to issue any permits or other approvals which OWNER would otherwise
L~TEMECULA~ELILILLY%DEVA OR 3/9/~9 17
have been entitled to pUrSUant to this Agreement. Therefore, CITY's remedy of
terminating this Agreement shall be sufficient in most circumstances if OWNER fails to
carry out its obligations hereunder. Notwithstanding the foregoing, if CITY. issues a
permit or other approval pursuant to this Agreement in reliance (explicitly stated in
writing) upon a specified condition being satisfied by OWNER in the future, and if
OWNER then falls to satisfy such condition, CITy shall be entitled to sPecific
..... i~e~formaii'ee' ~6~ 'th~ ioi-dpurpos~ b~ ~-aii~ ~h-g- O~R- i'6 ' ~'iiii b)' ~iioli'~ndiiibn. - CITY'S
right to specific performance, shall be limited to those circumstances set forth above, and
CITY shall have no fight to seek specific performance to cause OWNER to otherwise
proceed with the Development of the Project in any manner,
10.4. Institution of Legal Action. In addition to any other rights or remedies,
OWNER or CITY may institute legal action to cure, correct or remedy any default, to
cnforee any covenants or agreements herein, to enjoin any threatened or attempted'
violation hereof to recover damages for any default, or to obtain any other remedies
consistent with the purpose of this Agreement Such legal action shall be heard by a
reference from the Orange County Superior Court pursuant to the reference procedures of
the California Code of Civil Procedure Sections 638, et seq. OWNER and CITY shall
agree upon a single referee who shall then try all issues, whether of fact or law, and report
a finding and judgment thereon and issue all legal and equitable relief appropriate under
the circumstances of the controversy before him. If OWNER and CITY are unable to
agree on a referee within ten (10) days of a written request to do so by either party hereto,
either party may seek to have one appointed pursuant to the California Code of Civil
Procedure Section 640. The cost of such proceeding shall initially be borne equally by
thc parties. Any referee selected pursuant to this Section 10.4 shall be consi~lered a
temporary judge appointed pursuant to Article 6, Section '21 of the California
Constitution.
10.5. ~ll~:lffi~l~l. Either party may at any time deliver written nOtice
to the other party requesting an estoppel certificate (the "Estoppel Certificate") stating:
10.5. 1. The Agreement is in full force and effect and is a binding
obligation of the parties.
· 10.5.2. The Agreement has not been amended or modified either orally or
in writing or, if so amended, identifying the amendments.
10.5.3. No default in the performance of the requesting party's Obligations
under the Agreement exists or, ifa default does exist, the nature and amount of any .
default. A party receiving a request for an Estoppel Certificate shall provide a signed
certificate to the requesting party within thirty (30) days after receipt of the request. The
City Manager or any person designated by the City Manager may sign Estoppel
L\TEMECULA'~ELILILLY~,DEVAGR 3/9/99 18 '
Certificates on behalf of the CITY. Any officer of OWNER may sign On behalf of
· OWNER. An Estoppel Certificate may be relied on by assignees and mortgagees.
10.5.4. In the event that one party requests an Estoppel Certificate from
the other, the requesting party shall reimburse the other party for all reasonable and direct
~°StS ag_a .~e$ ..i_n~t~.e_d _b)~ s?¢h par t ~ ?~i:t)..r?_spe~_t .t~e_[~_t?.: ...... .
11. Waivers and Delays.
11.11 N° Waiver. Failure by a party to insist upon the strict performance of any
of the provisions of this Agreement bythe other party, and failure by a party to exercise
its rights upon a default by the other party hereto, shall not constitute a waiver of such.
party's right to demand strict compliance by such other party in the future.
11.2. Third Parties. Non-performance shall not be excused because of a failure
ora third person, except as provided in Section 11.3.
11.3. Force Ma_ieurc. OWNER shall not be deemed to be in default where
failure o[ delay in performance of any of its obligations under this Agreement is caused
by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes
and other labor difficulties beyond OWNER control, government regulations (including,
without limitation, local, state and federal environmental and natural resource
regulations), voter initiative or referenda, moratoria (including, without limitation, any
"development moratorium" as thai term is applied in Government Code Section 66452.6)
or judicial, decisions.
11.4. Extensions. The Term of this Agreement and the time for performance by
oWNER or CITY of any of its obligations hereunder or pursuant to the Project
Approvals shall be 'extended by the period of time that any of the events described ~n
Section 11.3 exist and/or prevent performance of such obligations. In addition, the Term
Shall be extended for delays arising from the following events for a time equal to the
duration of each delay which occurs during the Term:
11.4.1. LJligat~. The period of time after the Effective Date during.
which litigation related to the Project Approvals or having the actual effect of delaylng
implementation of the Project is pending, including litigation pending on the Effective
Date. This period shall include any time during which appeals 'may be filed or are
pending.
11.4.2. ~. Any delay resulting from the acts or
omissions of the CITY or any other governmental agency or public utility and beyond the
reasonable control of OWNER.
LXTEMECUI~.~ELILILLY~DEVAGR 3/9/99 19
11.5. Notice of Delay. OWNER shall give notice to CITY of any delay which
OWNER believes to have occurred as a result of the occurrence of any 0fthe events
described in Section 11 ;3. For delays of six months or longer, this notice shall be given
within a reasonable time after OWNER becomes aware that the delay has lasted six
months or more. In no event, however, shall notice of a delay of any length be given later
whichever comes first.
12. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person or sent by certified mail, postage prepaid, return receipt
requested. Notices required to be given to CITY shall be addressed as follows:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
Attn.: City Planner
With a copy to:
Richards, Watson & Gershon
Thirty-Eighth Floor
333 SOUth Hope Street
Los Angeles, California 90071 - 1469
Atm.: Peter M. Thorson, City Attorney
Notices required to be given to OWNER shall be addressed as follows:
Eli Lilly and Company
Lilly Corporate Center .
'Indianapolis, Indiana 46285'
Attention: John J. Crisel
Manager, Strategic Real Estate
· With acopy to:
Hect, Solberg, Robinson & Goldberg, LLP
600 West Broadway, 8th Floor
San Diego, Calif0mia 92101
Attention: Paul E. Robinson
L\TEMECLq.~A'~EL1LI LLY~DEVAGR 3/9/99 20
Any notice given as required herein shall be deemed given only if in writing and upon
delivery personally or by independent courier service. A party may change its address for
notices by giving notice in writing to the other party as required herein and thereafter
notices shall be addressed and transmitted to the new address.
!3 Attorneys' Fees_;_l.f_le_ga_l.:~9~_og_i_s_b_rg~ug~_.[by_~!_th_~rR~ aggn_s .g _o_.th_e_r.! or.
breach of this Agreement, including actions derivative from the performance of this
Agreement, or to compel performance under this Agreement, the prevailing party shall be
entitled tO an award of its costs, including reasonable attorneys' fees~ and shall also be
entitled to recover its contribution for the costs of the referee referred to in' Section 10.4
above as an item of damage and/or recoverable costs..
14. Recording. This Agreement and any amendment or cancellation hereto shall be
recorded, at no cost to CITY, in the Official Records of Riverside County by the City
Clerk within the period required by Section 65868.5 of the Government Code.
15. ~Effect of Agreement on Title.
15.1. ~. oWNER and CITY agree that this Agreement shall not .
continue as an encumbrance against any portion of the Property as to which'this
Agreement has terminated.
15.2. Encumbrances and Lenders' Rights. oWNER and CITY hereby agree
that this Agreement shall not prevent or limit any owner of any interest in the Property, or
· any portion thereof, at any time. or.tim time to time inany_manner, at its or their sole ..........
discretion, from encumbering the Property, the improvements thereon, or any portion
thereof with any mortgage, deed of tmst' sale and leaseback arrangement or other security
· device. CITY acknowledges that any Lender (as hereinafter defined) may require certain
interpretations of or modifications to the Agreement or the project and .City agrees, upon
· request, from time to time, to meet with the property owner(s) and/or representatives of
such Lenders to negotiate in good faith any such request for interpretation or
modification. CITY further agrees that it .will not unreasonably withhold its consent to
any such requested interpretation or modification tO the extent such interpreta!ion or
modification is consistent with the intent and purpose of this Agreement. A default under
this Agreement shall not defeat, render invalid, diminish or impair the lien 6f any Lender.
The mortgagee ora mortgage or beneficiary of a deed oflxust or holder of
any other security interest in the Property or any portion thereof and their successors and
assigns, including without limitation the'purchaser at a judicial or non-judicial
foreclosure sale or a person or entity which obtains title by deed-in-lieu of foreclosure
("Lender") Shall be entitled to receive a copy of any notice of Default.(as defined in
Section 10.1 hereof) delivered to OWNER and, as a pre-condition to the institution of
L\TEMECULA~EL1LILL~I~DEVAOR 3/9/99 21
legal proceedings or termination proceedings, the CITY shal! deliver tO all such Lenders
written notification 0fany default by oWNER in the performance of'its obligations under
this Agreement which is not creed within sixty (60) days (the "Second Default Notice'')
and shall allow the Lender(s) an opportunity to cure such defaults as set forth herein. The
Second Notice of Default shall specify in detail the alleged default and the suggested
......... _me~_s_tq c_.~..ejt. Afl~r_r_e_ceip__t_of_~_e._~c_~_n_c[D_e_f_~t__No~tj_c~, egchsu~hLender S!~!!~have
.......................... the nght,~ .......... at Its' .............. sole option,'- ........ w~thin~-':- -ninety' ................. (90) days to cure ~i-~li d~f~iult or, if such ~tefault
cannot reasonably be cured within that ninety (90) day period, to commence to cure such
default, in which case no default shall exist and the City shall take no further action.
Notwithstanding the foregoing, if such default shall be a default which can only be
remedied by such Lender obtaining possession of the Property, or any portion thereof,
and such Lender seeks to obtain possession, such Lender shall have until ninety (90) days
after the date obtaining such possession to cure or, if such default cannot reasonably be
cured within such period, then to commence to cure such default. Further, a Lender shall
not be required to cure any non-curable default of.oWNER, and any such default shall be
deemed cured if any lender obtains possession.
16. ~.g~l~ly~tLI.~l~. If any term, provision, covenant or condition of this
Agreement shall be determined invalid, void or tinenforceable, the remainder of this
Agreement shall not be affected thereby if the' tribunal finds that the invalidity was not a
material part of consideration for either party. The covenants.contained herein are mutual
covenants. The covenants contained herein constitute conditions to the concurrent or
subsequent performance by the party benefited thereby of the covenants to be performed
hereunder by such benefited party.
17. -. -Subsequent Amendment to Authorizing Statute. This Agreement has been
entered into in reliance upon the provisions of the Development Agreement Legislation in
effect as of the Agreement Date. Accordingly, subject to Section 3.3.2 above, to the
extent that subsequent amendments to the Government Code would affect the provisions
of this Agreement, such amendments shall not be applicable to this Agreement unless
necessary for this Agreein~nt to be enforceable or required by law or unless this
Agreement is modified pursuant to the provisions set forth in this Agreement'and
Government Code Section 65868 as in effect· on the Agreement Date.
18. Rules of Construction .and Miscellaneous Terms.
18.1. Interpretation and Governing Law. The language in all parts of this
Agreement shall, in all cases, be conslmed as a whole and in accordance with its fair
meaning. This Agreement and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws of the State of California. The parties understand
and agree that this Agreement is not intended to constitute, nor shall be construed to
constitute, an impermissible attempt to contract away the legislative and govermhental
L\TEMECULA~_,LILILL'~DEVAGR 3/9/~9 22
functions of the CITY, and in particular, the CITY's police powers.. In this regard; the
Parties understand and agree that this Agreement shall not be deemed to constitute the
surrender or abnegation of the ciTY's governmental powers over the Property.
18.2. ~. All.section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this
18.3. Gender. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, "may" is permissive.
18.4. No Joint and Several Liability_. At any time that there is more than one
OWNER, no breach hereof by an OWNER shall constitute a breach by any other
OWNER. Any remedy, obligation, or liability, including but not limited to the
obligations to defend and indemnify CITy, arising by reason of such breach shall be
applicable solely to the OWNER that committed the breach. However, CITy shall send a
copy of any notice of violation to all OWNERS, including those not in breach.
18.5. Time of Essence. Time is of the essence regarding each provision of this
Agreement of which time is an element.
18.6. Recitals. All Recitals set forth herein are incorporated in:tiffs Agreement
as though fully set forth herein:
18.7. Entire Aereement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and the Agreement
supersedes all previous negotiations, discussion and agreements between the parties, and
no parol evidence of any prior or other agreement shall be permitted to contradict or vary
the terms hereof.
19. Extension of Maps. In accordance with Government Code Section 66452.6(a), ..
any tentative map approved which relates to all or a portion of the Property shall be
extended.for the greater of (i) the Term of the Agreement or (ii) expiration'of the tentative
map pursuant to Section 66452.6.
20. Not for Benefit of Third Parties. This Agreement and all provisions hereof are
for the exclusive benefit of CITY and OWNER and its Development Transferees and
shall not be construed to benefit or be enforceable by any third party.
L\TEMECULAkELILI LLY~DEVAGR 3/9/99 23
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year dated below.
· Dated:~, 199~_
"CITY"
CITY OF TEMECULA,
ATTEST:
a municipal corporation
~ ~- City Clerk
Susan W. g.o, nes, 'CblC/AAE
APPROVED AS TO FORM:
t~/~ City' y
l~ Peter M. Thor, on
Dated: .June 9 ~ 1999
"OWNER"
ELi LILLY AND cO., a corporation
By:
Its: Vice President - 1/anufacturtng
By:
Its:
L\TEMECULA~ELILILLY~DEVAGR 3OD9 24
State of California )
· ' )SS
County o f~j.~
........... p ers o n all y_ app_ear edf_~.dJ_~tyy'31/~'j[/..~:) , t~tsonally_kn o3¥n _to~ m~
or proved to me on th~'b/~qs of satisfactory evidence to be the person(s) whose name(s)
is/ar-~subscribed to the within instrument and acknowledged to me that he/she4~hey
executed the same in his/t~4heir authorized capacity(ies), and that by his/lmq4~ir
signature(s) on the instrument the person(s), or the entity uPon behalf of which the
person(s) acted, executed the instrument.
Wimess my hand and official seal.
~ion # 1167659
7<_ ~g~'~ No'2ry Public -California
-Signature c(-~Notary
State of California )
.:, ) ss
County of k~U~a~d~
personally appeared-f~r~,,jaa~.t'o,_/d].~/Llt~',:A ,.ta:/~,~-~,,~, , tf~}rsonally known to me
or proved to me on the basis of satisfactory evidence m be th~-person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that lmtshe/they
executed the same in h/~her/their authorized capacity(ies), and that by h'or~,~cr/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
~igniture
( t
L\TEMECULA~E LILILLY~DEVAGR 3/9/99 25
State of California )
) ss
County of )
On 'before me, ,
.tm:son--ed , ,Personally known to me
or proved to me on the baSis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within insmunent and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the insmunent.
Witness my hand and official seal.
Signature of Notary
State of Eatifrm~ )
) ss
County of f~o_r;m )
On ~or~* 01 ! qq q before me,'Z4o, e.~. 5. ~lxorr~ ,
personally appeared t'Otclm,..I /.. ~a~[q. , personally known to me
or proved to me 'on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument.the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
L\TEMECULA~ELILILLY~DEVAGR 3/9/99 26
ATTACHMENT NO. 8
PLANNING COMMISSION AGENDA PACKET NOVEMBER 20, 2002
R:\G P A\PA01-0418 Eli Lilly~Agenda RepoR CC 01-14-03.doc
20
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
November 20, 2002
Planning Application No. 01-0418 - General Plan Amendment (GPA), Planning Application
No. 01-0509 - Specific Plan Amendment(SPA), and Planning Application No. 01-0510
Zone Change (ZC)
Prepared By: Emery Papp, Associate Planner
RECOMMENDATION:
The Community Development Department - Planning Department
Staff recommends the Planning Commission:
'1.
ADOPT a Negative Declaration for Planning Application Nos. 01-04i 8, 01-0509 and
01-0510;
2. ADOPT a Resolution entitled:
PC RESOLUTION NO. 2002-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
APPROVE PLANNING APPLICATION NO. 01-0418, A GENERAL
PLAN AMENDMENT TO CHANGE THE LAND USE
DESIGNATIONS FROM BUSINESS PARK (BP) TO COMMUNITY
COMMERCIAL (CC) ON THREE PARCELS; PLANNING
APPLICATION NO. 01-0509, A SPECIFIC PLAN AMENDMENTTO
REMOVE ONE PARCEL FROM THE REGIONAL CENTER
SPECIFIC PLAN (SP-7); AND PLANNING APPLICATION NO. 01-
0510, A ZONE CHANGE FROM BP TO CC ON TWO PARCELS;
AND FROM SP-7 TO CC ON ONE PARCEL GENERALLY
LOCATED ON THE SOUTH SIDE OF OVERLAND DRIVE
BETWEEN MARGARITA AND YNEZ ROADS, AND GENERALLY
KNOWN AS LOTS 1, 2 AND 3 OF PM 30107.
APPLICATION INFORMATION
APPLICANT:
PROPOSAL:
Eli Lilly & Company
Change the General Plan Land Use Designations from
Business Park (BP) to Community Commercial (CC) on
three parcels; and
· Amend the Regional Center Specific Plan to remove Lot 1
of TPM 30107 from the Specific Plan; and
· Change the Zoning Designations from SP-7 to CC on one
parcel, and from BP to CC on two parcels.
R:\G P A~PA01-0418 Ell Lilly~PC Staff Report 11-20-02 Eli Lilly.doc
1
LOCATION: South side of Overland Drive between Margarita and Ynez ~ t
Roads
GENERAL PLAN DESIGNATION: Business Park
EXISTING ZONING:
Business Park and SP-7
SURROUNDING ZONING:
North: SP-7
South: Light Industrial (LI) and BP
East: High Density Residential (H)
West: LI
EXISTING LAND USE:
vaCant
SURROUNDING LAND usEs:
North:
South:
East:
West:
Costco and Bel Villaggio II Projects
Guidant Parking Lot and Vacant Land
Multi-Family Residential
Guidant
LOT AREA (gross):
Acres: 18.11
BACKGROUND
The application for the General Plan Amendment (GPA), Specific Plan Amendment (SPA) and Zone
Change (ZC) was submitted to the City on August 24, 2001. This GPA, SPA and ZC was orig!nated
by Eli Lilly & Company, resulting from a Development Agreement (DA) reached between Eli Lilly &
Company and the City on November 9, 1999. The DA became necessarywhen the City constructed
O~,erland Drive, which bisected Eli Lilly property. According to the DA (see Attachment No. 3), the
City agreed to consider an application to amend the General Plan land use designations and zoning
classifications.
General Plan Amendment and Zone Change
Eli Lilly & Company believes that the best use for the site is Community Commercial (CC). Staff
supported most of this request but has concerns about allowing Community Commemial uses at the
southwest corner of Overland Drive and Margarita Road, and initially preferred to see this pamel
given Professional Office designations. In negotiations between Eli Lilly and the City, staff now
recommends that all three pamels receive CC designations, with restricted uses at this comer. The
mechanism for creating the restricted uses is an Operating Memorandum under the current
Development Agreement (Attachment No. 3). A Negative Declaration was prepared for this project
and circulated for public review and comment from October 31,2002 to November 19, 2002. Eli
Lilly intends to sell off these pamels and has no current proposal to build on the site. Land use
compatibility issues will be addressed when a development proposal is submitted.
Regional Center Specific Plan (SP-7) Amendment
The parcel located at the southeast comer of Overland Drive and Ynez Road is currently within the
Regional Center Specific Plan. Staff had two altematives for amending the land use and zoning
designations for this parcel. The first alternative was to leave the pamel within the SP-7 project area
R:\G P A~PA01-0418 Eli Lilly~PC Staff Report 11-20-02 Eli Lilly.doc
2
and amend the plan text and exhibits to change the land use, zoning and schedule of permitted
uses. Doing so would have involved a lengthy and complicated process of amending SP-7. The
favored amendment option is to remove the subject parcel from the SP-7 project area, and to apply
the existing CC General Plan land use provisions and existing CC zoning requirements found in the
Development Code. The amended text for SP-7 can be found as Attachment No. 5 of the staff
report.
ANALYSIS
In reviewing the application for a General Plan Amendment and Zone Change, staff has focused
on the following issues:
· General Plan Conformity/Consistency
· Land Use Compatibility
· Environmental Determination
General Plan Conformity/Consistency
Staff has reviewed the General Plan to assess the potential consistency of the proposed
amendment with the adopted Goals and Policies. Staff carefully examined the Land Use, Noise,
Cimulation, and Community Design Elements. After examining these Elements, the opinion of staff
is that the proposed change is logical, and is consistent with the existing land uses along Margarita
Road, Ynez Road, and Overland Drive for the following reasons:
· Projected noise levels along the artedal roads adjacent to the project site are within
allowable levels for commercial uses in the future. The CC designation allows for exterior
noise levels up to 70 decibels CNEL
· Traffic Level of Service will be within thresholds of significance as defined by the Circulation
Element at Level of Service D or better at all intersections during peak hours, and at Level of
Service C or better during non-peak hours
· General Plan Goals and Policies will ensure that appropriate transitioning and buffering will
be incorporated into the site design
A more detailed Element-by-Element discussion is detailed below:
LAND USE ELEMENT. Goal No. 1 requires "A Complete and integrated mix of residential,
commercial, industrial, recreational, public and open space land uses." The discussion following
this goal states, "A well-balanced community provides a broad range of land uses that are planned
in desirable patterns and intensities. The two policy statements that follow apply to this project:
· 1.4
· 1.5
"Consider the impacts on surrounding land uses and infrastructure when reviewing
proposals for new development."
"Support the development of light industrial, manufacturing, research and
development, and office uses to diversify Temecula's economic base."
The proposed land use change from Business Park to Community Commercial will have positive
impacts on surrounding land uses. Area residents will be within walking distance of shopping and
dining opportunities as the project site develops. The future development of the project site will also
have beneficial impacts on area residents by providing jobs. Future sales tax revenues will add to
the vitality of Temecula's economy.
R:\G P A~PA01-0418 Eli Lilly,PC Staff Report 11-20-02 Eli Lilly.doc
3
Goal No. 3 requires "A land use pattern that will protect and enhance residential neighborhoods."
The discussion following this goal states, "Future residential and non-residential development
should be compatible with the natural features of the site and the adjacent uses." The three policy
statements that follow apply to this project:
· 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."
,, 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."
· 3.6. "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."
Note: There are two Policies numbered "3.3" under Goal 3 of the Land Use Element. The
citation above is the first "3.3"on the list.
The Land Use Element Goals and Policies discussed in this section can be implemented through
the design process. The Development Review Committee (DRC) will ensure that a future
Development Plan submittal for this site will address these policies to further minimize potential land
use conflicts. With respect to policy statement 3.6, the traffic study discussion in the prior
Circulation Element section indicates that no mitigation will be req~Jired for traffic impacts.
NOISE ELEMENT. Goal No. I requires "Land use planning that provides for the separation of
' significant noise generators from sensitive receptor areas." The discussion following this Goal
states "Noise hazard areas will be considered to include locations within the 65 CNEL [Community
Noise Equivalent Level] contour of master planned roadways, railroad corridors, aircraft flight paths,
and industrial facilities." The two policy statements that follow apply to this project:
· 1.1
"Discourage noise sensitive land uses in noisy exterior environments unless
measures can be implemented to reduce exterior and interior noise to acceptable
levels. Alternatively, encourage less sensitive uses in areas adjacent to major noise
generators but require appropriate interior working environments."
1.8 "Minimize noise conflicts between land uses and the cimulation network."
Furthermore, Section 4.A. Table 8-4 of the General Plan Noise Element indicates that exterior noise
levels in commercial areas should not exceed 70 decibels. Table 8-3 in Section 2.D.1. indicates that
future noise levels on Margarita Road will be in the range of 61.1 to 67.6 decibels at 100 feet from
the centerline of the street, and future noise levels on Ynez Road will be in the range of 60.2 to 70.7
decibels at 100 feet from the centerline of the street. Overland Drive did not exist at the time the
General Plan was prepared and, therefore, is not denoted on this Table. It would be reasonable to
assume that future noise levels on Overland Drive would be similar to the ranges for Margarita and
Ynez Roads.
The proposed Community Commemial use allows exterior noise levels up to 70 decibels, which is
higher than the projected noise level at the 100-foot noise contour for Margarita Road, is right at the
projected noise range for Ynez Road, and within the anticipated range for Overland Drive. The traffic
noise from these roads would not significantly impact Community Commercial uses on the site,
allowing buildings to be located at or near their front setbacks.
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4
Residents of the Solana Ridge apartments on the east side of Margarita Road across from the
project site should not be affected by noise from additional vehicle trips in the area because of the
noise attenuation measures required as mitigation for the construction of the apartment complex.
One factor in recommending approval of the land use and zone change' is the protection of residents
from excessive noise levels, and compliance with the aforementioned goal and policies.
CIRCULATION ELEMENT. Goal No. 1 states that the City will "Strive to maintain a Level of Service
"D' or better at all intersections during peak hours and Level of Service "C" or better during non-
peak hours." To evaluate the General Plan level impacts concerning cimulation, staff deferred to
Policy No. 1.2 that states "Require an evaluation of potential traffic impacts associated with new
development prior to project approval, and require adequate mitigation measures prior to, or
concurrent with, development."
The applicant submitted a traffic study for the project in January 2001 that discusses trip generation
equivalency at the General Plan level. The traffic study indicates that average dailY trip generation
will be within Level of Service "D" during peak periods, and Level of Service "C" or better during non-
peakperiods as required by the City's General Plan and Growth Management Action Plan.
The average daily trip counts for the intersections affected by this project at the time the traffic study
was prepared, are as follows:
INTERSECTION AVERAGE DAILY TRIP CONDITIONS WITHOUT' PROJECT
INTERSECTION Peak Hour LOS
AM C
Margarita Rd. at Overland Dr ....... ~,, ~, ·
AM C
Ynez Rd. at Overland Dr. ~ ~
The traffic study also identifies the impacts to the affected intersections at project buildout. The
traffic counts shown in the Table below incorporates trip counts from the project.
INTERSECTION AVERAGE DAILY CONDITIONS WITH PROJECT
INTERSECTION Peak Hour LOS
AM C
Margarita Rd. at Overland Dr.
AM C
Ynez Rd. at Overland Dr. ~.~ !~C~)~:~:~~
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The results of the study indicate that impacts to cimulation are within the goals established by the
City's General Plan, and conform to policies contained in the City's Growth Management Action
Plan· The study has been reviewed and accepted by the Public Works Department. No new
impacts are anticipated as a result of this project.
COMMUNITY DESIGN ELEMENT. Goal No. 3 suggests "Preservation and enhancement of the
positive qualities of individual districts or neighborhoods." Because no development plan has been
submitted with this application, it is difficult to address issues of community design. The discussion
following Goal 3 of the Communit/Design Element states, '~Vhile there is a major concern about the
overall city-wide character of Temecula, it is also important to preserve and enhance the character
and identity of neighborhood areas or special districts of the community." Because a high density
residential apartment complex is across the street from the project and also to the south, it is
important to achieve a balance between availability of services (convenience) and design. It is for
this reason that the parcel at the south west comer of Overland Drive and Margarita Road will have
restricted uses. Staff feels the proposed change of land use is appropriate, that vehicular traffic will
not be significantly impacted, and that design issues can be addressed with a subsequent
Development Plan that conforms to the policies of the Community Design Element. The following
General Plan Community Design Element policies may apply:
· 3.1
· 3.3
"Improve the appearance of neighborhood areas and the "edges" between
neighborhoods through landscaping, location of open space buffers, and special
landscape features"
"Encourage the use of creative landscape design to create visual interest and reduce
conflicts between different land uses."
Goal 7 of the Community Design Element requires "Community gathering areas which provide for
the social, civic, cultural and recreational needs of the community." The discussion that follows this
goal can be summarized as follows: q'he design of projects should encourage pedestrian activities
· ·. that further enhance Temecula's sense of place." The following General Plan Community
Design Element policies may apply:
· 7.1 "Encourag(.~ the development of public spaces and plazas within commercial
developments that can accommodate cultural and social events and function as community
gathering areas."
· 7.3 ~Encourage the development of a range of uses within commercial developments
that provide for day and evening activities.
The Community Design Element Goals and Policies discussed in this section can be implemented
through proper planning and the design process. The Development Review Committee will ensure
that a future Landscape Plan submittal for this site will address these policies to further minimize
potential land use conflicts. The DRC will also consider building mass, building orientation, site
layout, ingress and egress, and buffering in determining compliance with these goals and policies.
Land Use Compatibility/Zoning
Staff has reviewed the Zoning Map and Development Code to assess the potential consistency of
the proposed land use change. The existing designations between Margarita Road and Ynez Road
along Overland Drive are either Commercial or Business Park. The land uses surrounding the
project site are either Commercial of High Density Residential. It is the opinion of staff that the
proposed change is logical, and is consistent with the existing General Plan land use designations
and Zone classifications in proximity to the project site for the following reasons:
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· The Community Commercial (CC) zone will provide an appropriate transitional buffer
between the future Guidant expansion area (south of project site) and Overland Drive
· The site is adjacent to three major arterials and non-residential land uses are appropriate for
the traffic circulation and ambient noise levels in the vicinity of the project area
· The project site is within walking distance of two high density residential projects and
Community Commercial uses may influence pedestrian activity in the project area
· The parcel located at the south west corner of Overland Drive and Margarita Road will have
restricted uses that will exclude among other uses: all drive-through type uses, service
stations, and car washes
· Land use compatibility issues will be further addressed through proper site design at the
time a development plan is submitted
Per the Development Code, the most significant changes in development standards would affect lot
coverage and floor area ration (FAR) requirements. The changes, however, will be beneficial in
terms of intensity of development. The existing BP designation has a target FAR of 0.40, whereas
the proposed CC designation has a target FAR of 0.30. Similarly, the existing BP designation has
maximum lot coverage of 40%, whereas the proposed CC designation has maximum lot coverage of
30%. Both zones allow a maximum height of 50 feet. Other differences refer to minimum lot size
and setbacks, which are less for the proposed CC designation than the existing BP designation, and
the percent of required landscaping, which is less for the proposed CC designation. These
standards are not significantly different and will not lead to future design conflicts with adjacent uses.
The General Plan Community Design Element goals and policies will prevail when a future
Development Plan is submitted.
Environmental Determination
This project does not qualify for an exemption from CEQA and an initial environmental assessment
was prepared. The initial environmental assessment for this project identified no potentially
significant impacts and a Negative Declaration was prepared. Issues related to Traffic/Circulation
were identified with a "No Impact" designation because daily vehicle trips would increase but would
remain at Levels of Service within thresholds of significance determined by the City's General Plan
Circulation Element, and the City's Growth Management Action Plan. Also, the EIR for the City's
General Plan considered the impacts on the roadways under buildout conditions with the current
General Plan land use and zoning designations. The proposed change of uses will not significantly
affect the number of daily vehicle trips anticipated in the General Plan EIR.
In terms of Biological Resources, the applicant has already mitigated potential impacts to burrowing
owls by relocating their dens. A report filed by the project biologist indicates that there are no
immitigable impacts to burrowing owls as a result of the relocation. Mass grading has already
occurred on the site per approval of Tentative Map 30107. Per Condition of Approval No. 14 for
TPM 30107, the applicant will obtain clearance from the Department of Fish and Game concerning
the presence of Riverside Fairy Shrimp in the drainage channel that runs through the westerly
portion of the site, prior to obtaining precise grading permits.
It should be noted that the site has already been disturbed and that approval of the General Plan
Amendment, Specific Plan Amendment, and Zone Change will not directly lead to development of
the site. No new impacts are anticipated as a result of this project. The public review period for the
Negative Declaration was from October 31,2002 to November 19, 2002. At the time this rePOrt was
prepared, no written comments had been received.
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7
SUMMARY/CONCLUSIONS
Staff has determined that the project as proposed is consistent with the General Plan and Zoning.
Staff recommends that the Planning Commission adopt a Resolution recommending that the City
Council approve the Negative Declaration and the General Plan Amendment, the Specific Plan
Amendment and the Zone Change.
FINDINGS
To recommend approval of the General Plan Amendment, the following findings must be made:
1. The amendment is compatible with the health, safety and welfare of the community.
The proposed amendment meets the goals and policies of the General Plan, and is
consistent with the anticipated impacts of the Final Environmental Impact Report (EIR) for
the General Plan and the guidelines of the Development Code. Any future development of
the site will be subject to the City's General Plan, Development Code and Design Guidelines
to ensure the public health, safety and welfare of the community is maintained when the site.
is developed.
2. The amendment is compatible with existing and surrounding uses.
There are existing parcels designated Community Commercial and Professional Office along
the north side of Ovedand Ddve, High Density residential parcels along the east side of
Margarita Road, and Light Industrial and Service Commercial on the west side of Ynez Road
adjacent to the site. Therefore, the proposed amendment will be compatible with future uses
in the surrounding area.
The amendment will not have an adverse effect on the community and is consistent with the
goals and policies of the adopted General Plan.
The proposed land use map amendments will not conflict with the existing zoning or land
uses and will result in more compatible potential land uses as there is existing commercial
property across from the site on Ovedand Ddve, High Density residential along the east side
of Margarita Road, and Light Industrial and Service Commercial on the west side of Ynez
Road adjacent to the site. Therefore, the proposed amendment will result in compatible
development, which is a goal of the General Plan.
To recommend approval of the Specific Plan Amendment, the following findings must be made:
The proposed amendment is consistent with the land use designation in which the use is
located, as shown on the General Plan Land Use Map.
The proposed Specific Plan Amendment is consistent with the General Plan of the City of
Temecula if the proposed amendment is processed concurrently with the proposed General
Plan Land Use Amendment.
The proposed Specific Plan Amendment is in conformance with the goals, policies,
programs and guidelines of the elements of the General Plan.
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8
The proposed Specific Plan Amendment conforms to the General Plan and will result in
more compatible potential land uses as there is existing commercial property across from
the site on Ove#and Drive and Ynez Road, and the subject site is currently adjacent to High
Density Residential development on the east side ef Margarita Road. Therefore, the
proposed amendment will result in compatible development, which is a goal of the General
Plan.
To recommend approval of the Zone Change, the following findings must be made:
The proposed Zone is consistent with the land use designation in which the use is located,
as shown on the Land Use Map.
The proposed change of zone is consistent with the General Plan of the City of Temecula if
the proposed Zone Change is processed concurrently with the proposed General Plan Land
Use Amendment.
The proposed use is in conformance with the goals, policies, programs and guidelines of the
elements of the General Plan.
The proposed change of zone conforms to the General Plan and will result in more
compatible potential land uses as there is existing commercial property across from the site
on Overland Drive and Ynez Road, and the subject site is currently adjacent to High Density
Residential development on the east side of Margarita Read. Therefore, the proposed
amendment will result in compatible development, which is a goal of the General Plan.
R:\G P A'~°A01-0418 Eli Lilly~PC Staff Report 11-20~02 Eli Lilly.doc
9
Attachments'
1. PC Resolution - Blue Page 11
A. PC Resolution (General Plan Amendment and Environmental Determination,
Specific Plan Amendment, and Change of Zone)
B, CC Resolution (General Plan Amendment and Environmental Determination)
C. CC Ordinance (Specific Plan' Amendment)
D. CC Ordinance (Change of Zone)
2. Initial StUdy - Blue Page 20
3, Development Agreement - November 9, 1999 - Blue Page 42
4. Operating Memorandum - October __, 2002 - Blue Page 43
5. Specific Plan Amendment - Blue Page 46
6. Exhibits - Blue Page 47
A. Vicinity Map
B. General Plan Map
C, Zoning Map
R:\G P A'~PA01-0418 Eli Ully~PC Staff Report 11-20-02 Eli Lilly.doc
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ATrACHMENT NO. 1
pC RESOLUTION NO. 2002- .
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11
ATTACHMENT NO. lA
PC RESOLUTION NO. 2002-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
APPROVE PLANNING APPLICATION NO. 01-0418, A GENERAL
PLAN AMENDMENT TO CHANGE THE LAND USE
DESIGNATIONS FROM BUSINESS PARK (BP) TO COMMUNITY
COMMERCIAL (CC) ON THREE PARCELS; PLANNING
APPLICATION NO. 01-0509, A SPECIFIC PLAN AMENDMENT TO
REMOVE ONE PARCEL FROM THE REGIONAL CENTER
SPECIFIC PLAN (SP-7); AND PLANNING APPLICATION NO. 01-
0510, A ZONE CHANGE FROM BP TO CC ON 'I'~VO PARCELS,
AND FROM SP-7 TO CC ON ONE PARCEL GENERALLY
LOCATED ON THE SOUTH SIDE OF OVERLAND DRIVE
BETWEEN MARGARITA AND YNEZ ROADS, AND GENERALLY
KNOWN AS LOTS 1, 2 AND 3 OF PM 30107.
WHEREAS, Eli Lilly & Company filed Planning Application Nos. PA01-0418, 02-0509, and
02-0510 (the "Application"), in a manner in accord with the City of Temecula General Plan and
Development Code; and
WHEREAS, the Application was processed including, but not limited to public notice, in the
time and manner prescribed by State and local law; and
WHEREAS, the Planning Commission considered the Application on November 20, 2002, 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; and
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended the City Council approve of the Application after finding
that the project proposed in the Application conformed to the City of Temecula General Plan;
NOW, THEREFORE, 'FHE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findin.qs. The Planning Commission in recommending approval of the
Application, makes the following findings:
A. The proposed amendment would not adversely impact area wide traffic circulation;
B. The proposed amendment would not be contrary to the goals and policies contained
in the adopted General Plan; and,
C. The proposed amendment would not be inconsistent with the other Elements of the
adopted General Plan.
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Section 3. Environmental Compliance. An Initial Study prepared for this project indicates
that the proposed project would not create any significant impacts on the environment. As a result,
the Planning Commission recommends that the City Council adopt a Negative Declaration for this
project.
Section 4. Recommendation. That the citY of Temecula Planning Commission hereby
recommends that the City Council approve the Application to amend the adopted General Plan Land
Use for the City of Temecula from Business Park to Community Commercial; and Official Zoning
Map for the City of Temecula by changing the designations on the property from Business Park and
SP-7 to Community Commercial for three parcels identified as lots 1,2, and 3 of Parcel Map 30107;
and amend the Regional Center Specific Plan by removing all reference to Planning Area 3 (Lot 1 of
Parcel Map 30107).
Section 5. PASSED, APPROVED AND ADOPTED this 20th day of November 2002.
Dennis Chiniaeff, Chairperson
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
(STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
· I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat
PC Resolution No. 2002- was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 20~ day of November 2002 by the
following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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AI-rACHMENT NO. lB
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE crrY OF
TEMECULA RECOMMENDING THE CITY COUNCIL APPROVES
PLANNING APPLICATION NO. 01-0418, A GENERAL PLAN
AMENDMENT TO CHANGE THE LAND USE DESIGNATIONS
FROM BUSINESS PARK (BP) TO COMMUNn'Y COMMERCIAL
(CC) ON THREE PARCELS AND ADOPT A NEGATIVE
DECLARATION FOR THREE PARCELS GENERALLY LOCATED
ON THE SOUTH SIDE OF OVERLAND DRIVE BETWEEN
MARGARITA AND YNEZ ROADS, AND GENERALLY KNOWN AS
LOTS 1, 2 AND 3 OF PM 30107.
WHEREAS, Section 65300 of the Government Code requires that cities adopt a
comprehensive, long-term General Plan for the physical development of the jurisdiction as well as
any adjacent areas which, in the judgment of the city, bears a relationship to its planning; and
WHEREAS, the Applicant submitted an Application for a General Plan Amendment on
August 24, 200; and
WHEREAS, the Planning Commission held duly noticed public hearing on November 20,
2002, and recommended that the City Council approve the attached amendments to the General
Plan Land Use Map; and
WHEREAS, the City Council has held a duly noticed public hearing on
consider the proposed General Plan Amendment; and
,2002 to
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. Amendments to the General Plan Land Use Map The City Council hereby
amends the General Plan Land Use Designations for the City of Temecula for the parcels identified
as lots 1, 2, and 3 of Parcel Map 30107from Business Park to Community Commercial.
Section 2. Specific Plan Amendment. Modify SP-7 to remove all references to Planning
Area 3 from the text as well as the acreage tabulations and exhibits.
Section 3. Environmental Review. The City Council, based upon the information
contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds
that the impacts of the proposed amendment is accurately described and discussed and that the
Mitigated Negative Declaration accurately reflects the impacts of the amended General Plan on the
City of Temecula and its surrounding areas.
Section 4. Severability. The City Council hereby declares that the provisions of this
Resolution are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the
validity of the remaining parts of this Resolution.
Section 5. The City Clerk shall certify the adoption of this Resolution.
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Section 6. PASSED, APPROVED AND ADOPTED this __th day of ,2002. (~-)
ATTEST:
Ron Roberts, Mayor
Susan Jones, CMC, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of
the City of Temecula at a regular meeting thereof, held on the day of
AYES: 0
NOES: 0
ABSENT: 0
,2002bythefollowingvoteoftheCouncih
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNClLMEMBERS:
Susan Jones, CMC, City Clerk
R:\G P A~PA01-0418 Eli Litly~PC Staff Report 11-20-02 Eli Lilly.doc
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ATTACHMENT NO. 1C
ORDINANCE NO. 02-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC
PLAN (SP-7) TO REMOVE ONE PARCEL (LOT 1 OF PM 30107)
FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7),
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
OVERLAND DRIVE AND YNEZ ROAD, AND GENERALLY
KNOWN AS LOTS 1 OF PM 30107 (PA NO. 02-0510).
WHEREAS, the Applicant submitted an Application for a Specific Plan Amendment on
August 24, 2001; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 20,
2002, and recommended that the City Council approve the attached amendments to the City Zoning
Map; and
WHEREAS, this Ordinance complies with all the applicable requirements of State law and
local ordinances; and,
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library,
local newspaper, and the project site; and,
WHEREAS, the City Council has held a duly noticed public hearing on
consider the proposed amendments to the City Zoning Map.
,2002to
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Amendments To The Reqional Center Specific Plan (SP-7). The City Council
hereby amends the Regional Center Specific Plan (SP-7) for the City of Temecula for the parcel
identified as Lot I of Parcel Map 30107 by removing all references to Planning Area 3 of from
Section III.B. of theSpecific Plan from all text and exhibits.
Section 2. Environmental Review. The City Council, based upon the information
contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds
that the impacts of the proposed amendment is accurately described and discussed and that the
Negative Declaration accurately reflects the impacts of the amended Specific Plan on the City of
Temecula and its surrounding areas.
Section 3. Severability The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 4. Notice of Adoption The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
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16
after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of
this Ordinance to be posted in three designated posting places.
Section 6. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and cimulated in
said City.
Section 7. PASSED, APPROVED AND ADOPTED this day of
,2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, OMC
CityClerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 02- was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the ._th day of , 2002 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the th
day of ,2002, by the following vote:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT: 0 COUNCiLMEMBERS:
Susan W. Jones, CMC
City Clerk
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17
ATTACHMENT NO. 1D
ORDINANCE NO. 02-
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP TO
CHANGE LOT I OF PARCEL MAP 30107 FROM SP-7 TO
COMMUNITY COMMERCIAL, AND LOTS 2 AND 3OF PARCEL
MAP 30107 FROM BUSINESS PARK TO COMMUNITY
COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PA NO. 02-
0509).
WHEREAS, the Applicant submitted an Application for a Zone Change on August 24, 2001;
and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 20,
2002, and recommended that the City Council approve the attached amendments to the City Zoning
Map; and
WHEREAS, this Ordinance complies with all the applicable requirements of State law and
local ordinances; and,
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library,
local newspaper, and the project site; and,
WHEREAS, the City Council has held a duly noticed public hearing on
consider the proposed amendments to the City Zoning Map.
,2002to
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Amendments to the Official Zonin.q Map. The City Council hereby amends the
Official Zoning Map for the City of Temecula for the parcels identified as Lot 1 'of Parcel Map 30107
by changing the zoning designation from SP-7 to Community Commercial, and the parcels identified
as Lots 2 and 3 of Parcel Map 30107.
Section 2. Environmental Review. The City Council, based upon the information
contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds
that the impacts of the proposed amendment is accurately described and discussed and that the
Negative Declaration accurately reflects the impacts of the amended Zoning Map on the City of
Temecula and its surrounding areas.
Section 3. Severability The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 4. Notice of Adoption The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
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Section 5. Effective Date. This Ordinance shall be in full fome and effect thirty (30) days
after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of
this Ordinance to be posted in three designated posting places.
Section 6. This Ordinance shall be in full fome and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and cimulated in
said City.
Section 7. PASSED, APPROVED AND ADOPTED this day of
,2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
· I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 02- was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the __th day of ,2002 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the th
day 0[ ,2002, by the following vote:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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ATTACHMENT NO. 2
INITIAL STUDY
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20
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
~'~ Environmental Checklist
Project Title Planning Application No. PA01-0418, General Plan Amendment
Planning Application No. PA01-0510, Specific Plan Amendment
Planning Appiication No. PA01-0509, Zone Change
Lead Agency Name and Address City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Contact Person and Phone Number Emery J. Papp, Associate Planner
(909) 694-6400
Project Location West side of Margarita Road, south side of Overland Drive and north
of Solana Way (Lot Nos. 1,2, and 3 of TPM 30107 see attached
map)
Project Sponsor's Name and Address Excel Engineering
440 State Place
Escondido, CA. 92029
General Plan Designation Business Park (BP)
Zoning BP and SP-7 (Temecula Regional Center, SP-7)
Description of Project PA01-0418 is a request to change the General Plan Land Use
designations from Business Park (BP) to Community Commemial (CC).
PA01-0510 is a request to change the Regional Center Specific Plan
(SP-7) by removing Planning Area No. 3 from SP-7. PA01-0509 is a
request to change Zoning from SP-7 to CC on one parcel, from BP to
~' CC on two parcels.
-~urrounding Land Uses and Setting North: SP-7; Costco retail store and vacant land
East: High Density Residential (H); Solana Ridge Apartments
South: H and Service Commercial (SC); Acacia Park Resort
Apartments and Paradise Chevrolet
West: LI and SC; Guidant Corporation building and parking lot, and
Norm Reeves overflow parking lot and vehicle repair building
Other public agencies whose approval
is required
Approach to Analysis General Plan/Zoning Level Project
General Plan/Zoning Level Analysis
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!
Environmental Factors Potentially Affected (~)
The environmental factors checked below would be potentially affected by this project, involving at least one impa
that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use Planning
Population and Housing
Geologic Problems
Water
Air Quality
Transportation/Circulation
Biological Resources
tEnergy and Mineral Resources
Hazards
Noise
Public Services
Utilities and Service Systems
Aesthetics
Cultural Resources
Recreation
Mandatory Findings of Significance
None
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE
DECLARATION will be prepared
I find that although the proposed project could have a significant effect on the environment, there will net
be a significant effect in this case because revisions in the project have been made by or agreed to by the
A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ~
ENVIRONMENTAL IMPACT REPORT is required ~
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless
mitigated" impact on the environment, but at least one effect 1 ) has been adequately analyze~J in an
earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the ear er aha ys s as descnbed on attached sheets, f the effect ~s a potent ally
significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT
uired, but it must analyze only the effects that remain to be addressed. **
I find that although the proposed project could have a significant effect on the environment, because all
y significant effects (a) have been analyzed adequately in an earlier EIR or NEGATI~/E
;LARATION pursuant to applicable standards, and (b) have been avoided or mitigated pu!suant to
that earlier EIR er NEGATIVE DECLARATION, including revisions or mitigation measures that are
nothing further is required.
Signature Date
Printed name For
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1. Land Use and Planning. Would the project:
'~'~'~ ~ ..... SSues and~S~P'bA ng~lnf~a~ on~Soumes:~ ~ ~" -
a. Physically divide an established communi~?
b. Conflict with applicable land use plan, policy, or regulation of
an agency with jurisdiction over the project (including, but
not limited to the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of
avoiding or mitigation an environmental effect?
c. Conflict with any applicable habitat conse~ation plan or
natural communi~ conse~ation plan?
Comments:
The project site is vacant and is surrounded by SP-7 (Temecula Regional Center Specific
Plan) zoned properties to the north that include a Costco retail store and vacant land, High
Density Residential (H) zoned property to the east that includes the Solana Ridge
Apartments, H and Service Commercial (SC) zoned properties to the south that contain the
Acacia Park Resort Apartments and Paradise Chevrolet, and LI and SC zoned properties to
the west that include the Guidant Corporation building and parking lot, and a Norm Reeves
OVerflow parking lot and vehicle repair building. The development of this site will be
consistent with the commercial land use patterns found in the surrounding properties. No
impacts are anticipated as a result of this project.
The project will not conflict with applicable General Plan designations, environmental plans
or policies adopted by agencies with jurisdiction over the project. Impacts from all General
Plan land use designations were analyzed in the Environmental Impact Report (EIR) for the
General Plan. Agencies with jurisdiction within the City commented on the scope of the
analysis contained in the EIR and how the land uses would impact their particular agency.
Mitigation measures approved with the EIR will be applied to this project where necessary.
Further, all agencies with jurisdiction over the project are also being given the opportunity to
comment on the project, and it is anticipated that they will make the appropriate comments
as to how the project relates to their specific environmental plans or policies. The project
site has been previously graded and services are available into the area. There will be no
impacts on adopted environmental plans or policies.
The proposed project will not conflict with any applicable habitat conservation plan or natural
community conservation plan. The site has been graded and continuously grubbed for weed
abatement and fire protection. This site is not within any applicable habitat conservation
plan or natural community conservation plan. Therefore, no impacts are anticipated as a
result of this project.
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2. POPULATION AND HOUSING. Would the project:
ssUes an'd Suppo~mg~l~i~S~Sgr.ce~ ;~,!~
a. Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c. Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
Comments:
The project is consistent with the City's General Plan Community Commercial land use
designation, and the proposed zoning designations. No new impacts are anticipated as a
result of this project.
The project will not displace substantial numbers of people or existing housing as the site is vacant
and has non-residential General Plan Land Use designations. The site is zoned for
industrial and commemial development. No impacts are anticipated as a result of this
project,
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3. GEOLOGY AND SOILS. Would the project?
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction?
iv) Landslides?
b. Result in substantial soil erosion or the loss of topsoil?
c. Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
do Be located on expansive soil, as defined in Table 1801-B
of the Uniform Building Code (1994), creating substantial
risks to life or property?.
~. Have soil incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
Comments:
3.a.i. - a.iv. The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State
Geologist for the area shows that there are no faults through this property; therefore, no
impacts are anticipated as a result of this project,
3. b,c,d,e. The approval of the GPA, the SPA and the ZC are actions that will not directly
lead to development. Consequently, there will be no impacts to geology and soils.
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4. HYDROLOGY AND WATER QUALITY. Would the project:
' . SSuos and Suppo~ting~lhl=or~tn'&ziOh~b,r~'?;~
a. Violate any water quality standards or waste discharge
requirements?
b. Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been granted)?
c. Substantially alter the existing drainage pattern of the site
· or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d. Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding
on- or off-site?
e. Create er contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
polluted runoff? '
f. Otherwise substantially degrade water quality?
g. Place housing within a lO0-~ear flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h. Place within a lO0-year flood hazard area structures
which would impede or redirect flood flows?
i. Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j. Inundation by seiche, tsunami, or mudflow?
Comments:
These actions will not create a need for additional water supplies, nor will they impact issues
of quality, drainage, or flood zones. No new impacts are anticipated as a result of this
project.
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AIR QUALITY. Where available, the significance criteria established by the applicable quality
management or air pollution control district may be relied upon to make the following determinations.
Would the project:
a. Conflict with or obstruct implementation of the applicable
air quality plan?
bo Violate any air quality standard or contribute substantially
to an existing or projected air quality violation?
c. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors?
d. Expose sensitive receptors to substantial pollutant
concentrations?
e. Create objectionable odors affecting a substantial number
Of people?
Comments:
Approval of these actions will not conflict with applicable air quality plans nor violate air quality or
pollution standards. No new impacts are anticipated as a result of this project.
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6. TRANSPORTATION/TRAFFIC. Would the project:
a. Cause an increase in traffic which is substantial in relation
to the existing traffic Icad and capaci~ of the street
system (i.e., result in a substantial increase in either the
number of vehicle trips, the volume to capaci~ ratio on
roads, or ~ngestion at intersections?
b. Exceed, either individually or cumulatively, a level of
sewice standard established by the coun~ congestion
management agency for designated roads or highways?
c. Result in a change in air traffic pa~erns, including either
an increase in traffic levels or a change in location that
results in substantial safe~ Hsks?
d. Substantially increase hazards due to a design feature
(e.g., sha~ cuwes or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e. Result in inadequate emergency access?
f. Result in inadequate parking capaci~?
g. Conflict with adopted policies, plans, or programs
suppoAing alternative transpoAation (e.g., bus turnouts,
bicycle racks?
Comments:
Approval of these actions will not conflict with applicable transportation or cimulation plans or
standards. A traffic study was prepared for this project in January 2001 that discusses trip
generation equivalency at the General Plan level. The traffic study indicates that average daily trip
generation will be within Level of Service "D" during peak periods, and Level of Service "C" or better
dudng non-peak pedods as required by the City's General Plan and Growth Management Action
Plan.
The average daily trip counts for the intersections affected by this project at the time the traffic study
was prepared, are as follows:
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INTERSECTION AVERAGE DALLY TRIP COUNTS
- EXISTING PEAK HOUR CONDITIONS -
NORTH SOUTH EAST W EST
BOUND BOUND BOUND BOUND
INTERSECTION Peak L T R L T R L T R L T R LEVEL OF
Hour SERVICE
AM 38 58 0 0 75 19 80 0 78 0 0 0 C
Margarita Rd. at 6 7 4 2
AM 16 47 45 50 47 29 38 16 85 46 37 10 C
Ynez Rd. at Overland 4 8 6 I 7 9'
The traffic study also identifies the impacts to the affected intersections at project buildout. The
traffic counts shown in the Table below incorporate trip counts from two additional pamels related to
the future development of the site but are not included as part of the General Plan Amendment,
Specific Plan Amendment, or Zone Change. The average daily trip count takes into consideration
the proposed land use changes for the parcels on the south side of Overland Drive between
Margarita and Ynez Roads, and the parcels north of Solana Way and west of Margarita Road.
Because the traffic study takes a larger project area into consideration, it is important to note that the
traffic impacts created by the proposed land use and zone change will be less than the cumulative
impacts identified for the future development of this site. The peak hour traffic analysis for the
intersections affected by the project at the time the traffic study was prepared are summarized as
follows:
INTERSECTION AVERAGE DAILY TRIP COUNTS
- PEAK HOUR CONDITIONS WITH PROJECT -
LEVEL
INTERSECTIO NORTH BOUND SOUTH BOUND EAST BOUND. WEST BOUND OF
N Peak L T R L T R L T R L T, R SERVIC
Hour E
AM i 411 598 0 0 924 221 156 0 101 0 0 0 C
Margarita
Rd.
AM 193 509 77 188 529 29 38 228 108 46 406 174 C
Ynez Rd. at
The results of the study indicate that impacts to circulation are within the goals established by the
City's General Plan, and conform to policies contained in the City's Growth Management Action
Plan. The study has been reviewed and accepted by the Public Works Department. No new
impacts are anticipated as a result of this project.
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7. BIOLOGICAL RESOURCES: Would the Project:
· ' .
Issues and Supporting.Information Sources~.
a. Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified as
a candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
b. Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
c. Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filing, hydrological
interruption, or other means?
d. Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
f. Conflict with the provisions of an adopted habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Comments:
The area is located within the Stephen's Kangaroo Rat Habitat Fee Area. However, habitat
Conservation fees will not be required to mitigate the effect of cumulative impacts to the species
from urbanization occurring throughout western Riverside County because this project is an
administrative approval only. Future development of the site will require these fees to be paid.
The applicant has already mitigated potential impacts to burrowing owls by relocating their dens. A
report filed by the project biologist indicates that there are no immitigable impacts to burrowing owls
as a result of the relocation. Mass grading has already occurred on the site per approval of
Tentative Map 30107. Per Condition of Approval No. 14 for TPM 30107, the applicant will obtain
clearance from the Department of Fish and Game concerning the presence of Riverside Fairy
Shrimp in the drainage channel that runs through the westedy portion of the site, pdor to obtaining
precise grading permits.
It should be noted that the site has already been disturbed and that approval of the General Plan
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MINERAL RESOURCES. Would the project:
a. Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
b. Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
genera p an, spec fic plan or other land use plan?
Amendment, Specific Plan Amendment, and Zone Change will not directly lead to development
of the site, No new impacts are anticipated as a result of this project.
Comments:
The project will not result in the loss of available, known mineral resources or in the loss of an
available, locally important mineral msoume recovery site. The State Geologist has classified the
City of Temecula a classification.of MRZ-3a, containing areas of sedimentary deposits, which have
the potential for supplying sand and gravel for concrete and crashed stone for aggregate. However,
these areas are determined as not containing deposits of significant economic value based upon
available data in reports prepared in accordance with the Surface Mining end Reclamation Act
(SMARA) of 1975. No impacts are anticipated as a result of this project.
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9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
ssues ano~buppen rig' mermat on~oumes,. -.
a. Create a significant hazard to the public or the
environment through the routine transpodation, use, or
disposal of hazardous materials?
b. Crate a significant hazard to the public or the en~ronment
through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials
into the environment?
c. Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or acutely haza~ous
materials, substances, or waste within one-qua~er mile of
an existing or proposed school?
d. Be located on a site which is included on a list of
ha~rdous materials sites ~mpiled pumuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
e. For a project located within an ai~o~ land use plan or,
where such a plan has not been adopted, within ~o miles
or a public ai~o~ or public use ai~0d, would the project
result in a safe~ hazard for people residing or working in
the project area?
f. For a project within the vicini~ of a pdvate airstrip, would
the project result in a safe~ hazard for people residing or
working in the project area?
g. Impair implementation of or physically intedere with an
adopted emergency response plan or emergency
evacuation plan?
h. Expose people or structures to a significant risk or loss,
inju~ or death involving wildland fires, including where
wildlands are adjacent to u~anized areas or where
residences are intermixed with wildlands?
Comments:
These actions are for the future development of commemial and office buildings. No hazardous
materials or other risks to health will occur as a result of this project. When an application is made
for future development proposals, a Statement of Operation and a Business Plan will be required
that will be reviewed by the City's Fire Department. Therefore, no impacts are anticipated as a
result of this project.
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L~0. NOISE. Would the project result in:
"~'~ ·-"-'
a. Exposure of people to severe noise levels in excess of
standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
b. Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
c. A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
d. A substantial temporary or pedodic increase in ambient
no se eve s n the project vicinity above levels existing
without the project?
e. For a project located within an airport land use plan or,
where such a plan has not been adopted,.within two miles
of a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive noise levels?
[~. For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
project area to excessive noise levels?
Comments:
This project site is currently designated for the development of industrial or business park
buildings. The site is vacant and development of the land logically will result in increases to
noise levels during construction phases as well as increases to noise in the area over the
long run. However, the proposal to change the General Plan Land Uses and Zoning will not
create noise. Therefore, no impacts will result from this project.
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(
11. PUBLIC SERVICES: Would the proposal hsve sn effect upon, or result in e need for new or
altered Government services in any of the following areas:
a. Would the project result in substantial adverse physical
impacts associates with the provisions of new or
physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction
of which could cause significant environmental impacts, in
order to maintain acceptable service ratios, response
times or other performance objectives for any of the public
services?
b. Fire protection?
c. Police protection?
d. Schools?
e. Parks?
fo Other public facilities?
Comments:
The project will have no impact on, or result in a need for new or altered fire, police,
recreation or other public facilities. The future development of this site will incrementally
increase the need for these services. However, no impacts will result from this project.
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~'~2. UTILITIES AND SERVICE SYSTEMS: Would the project:
a. Exceed wastewater treatment requirements of the
applicable Regional ,Water Quality Control Board?
b. Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c. Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
d. Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
e. Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
i) demand in addition to the provider's existing
commitments?
f. Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
g. Comply with federal, state, and local statutes and
regulations related to solid waste?
Comments:
The project will have no impact on, or result in a need for new water, wastewater, storm
drains or other public infrastructure. The future development of this site will incrementally
increase the need for these services. However, no impacts will result from this project.
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13. AESTHEllCS. Would the project:
ssues and SupPort ng Mfo'i~m~h S~ur~§.
b. Substantially damage scenic resources, including, but not
limited to, trees, rock outcropping, and historic building
within a state scenic highway?
c. Substantially degrade the existing visual character or
quality of the site and its surroundings?
d. Create a new source of substantial light or glare which .,j
would adversely affect day or nighttime views in the area?
Comments:
The project will not affect a scenic vista or scenic highway. The project is not located in an
area where there is a scenic vista. The City does not have any designated scenic highways.
No impacts are anticipated as a result of this project.
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14. CULTURAL RESOURCES. Would the
project:
4
a. Cause a substantial adverse change in the significance of
a historical resource as defined in Section 1506.5?
b. Cause a substantial adverse change in the significance of
an archaeological resoume pursuant to Section 1506.57
c. Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d. Disturb any human remains, including those interred
outside of formal cemeteries?
Comments:
The southeast portion of the project site is located in an area of sensitivity for amhaeological
resoumes pursuant to the General Plan (Figure, 5-6). The Eastern Information Center of the
University of California at Riverside (UCR) states in its response dated April 9, 2001 that a
previous Phase I cultural resoumes study (MF#4924) identified no cultural resoumes.
However, there will be no grading resulting from this action, therefore, no impacts are
anticipated as a result of this project.
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15. RECREATION. Would the project:
. ~. ~ ssu~s~and
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b. Does the project include recreational facilities or require
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
Comments:
The project will have no impact on the demand for neighborhood or regional parks or other
recreational facilities, or affect existing recreational opportunities. No impacts are
anticipated as a result of this project.
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L~6. Agricultural Resources. Would the project:
issues ana ~uppo~mg. ~me~ma~!qn.~qurces? ~.~
· - .-
a. Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the Oalifornia Resources Agency, to non-
agricultural use?
b. Conflict with the existing zoning for agricultural use, or a
Williamson Act contract?
c. Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
farmland, to non-agricultural use?
The project site is not currently in agricultural production, does not have an agricultural
zoning designation, and the site is not regulated by a Williamson Act contract, in addition,
this property is not considered prime or unique Farmland of statewide importance pursuant
to the Farmland Mapping and Monitoring Program of the California Resoumes Agency or the
City of Temecula's General Plan. Therefore, there are no impacts related to this issue.
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17. MANDATORY FINDINGS OF SIGNIFICANCE.
a. Doss the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number of
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history or prehistory?
b. ~ Does the project have impacts that are individually limited,
but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
! project are considerable when viewed in connection with
the effects of past projects, the effects of other current
I projects, and the effects of probable future projects?
c. Does the project have environmental effects which will
, cause substantial adverse effects on human beings,
either directly or indirectly?.
Comments:
17.a. This site has been previously graded and is surrounded by industrial, commercial and high
density residential development and does not contain any viable habitat for fish or wildlife
species. This is an action that will lead to an in-fill development project and it does not have
the potential to: degrade the quality of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important examples of the major periods of
California history or prehistory. Unless impacts are anticipated as a result of possible future
spring USFWS protocol surveys for the QCB, California Gnatcatcher, or the Rivemide Fairy
Shrimp, and if such surveys do not detect the presence of such species on the project site,
no further mitigation is necessary, and therefore the proposed project would not have an
impact on fish and wildlife species.
17.b. The cumulative effects from the project are not considered significant because the subject
site will be developed in conformance with the City of Temecula's General Plan and
Development Code. All cumulative effects for the various land uses of the subject site as
well as the surrounding developments were analyzed in the General Plan Environmental
Impact Report. Given the project's consistency with the General Plan and Development
Code, the cumulative impact related to the future development of the site will not have a
significant impact.
17.c. The parcel map and the future development of industrial lots or buildings will not have
environmental effects that would cause substantial adverse effects on human beings,
directly or indirectly. .The site will be designed and developed consistent with the
Development Code and General Plan. No significant impacts are anticipated as a result of
this project.
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~-~7. EARLIER ANALYSES. Earlier analyses may be used where,'pursuant to the tiering, program EIR,
r other CEQAprocess, one or more effects have been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets.
a. Earlier analyses used. Identify earlier analyses and state where they are available for re'view.
b. Impacts adequately addressed. Identify which affects from the above check list were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and
the extent to which they address site-specific conditions for the project.
SOURCES
City of Temecula General Plan.
City of Temecula General Plan Final Environmental Impact Report.
South Coast Air Qualify Management District CEQA Air Qualify Handbook.
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ITEM 15
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
ECTOR OF FINANCE_,.-~ /EX
CITY MANAGER ~ '
V
CITY OF TEMECULA
AGENDA REPORT
City Manager/Cij~cil
Debbie Ubnosk~, Director of Planning
January 14,2003
Valley Christian Fellowship General Plan Amendment and Zone Change (PA02-
0260)
PREPARED BY:
Emery Papp, Associate Planner
RECOMMENDATION: That the City Council:
1. ADOPT. a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO DENY THE GENERAL PLAN LAND USE
AMENDMENT FOR A SITE LOCATED AT THE SOUTHWEST
CORNER OF DEPORTOLA AND MARGARITA ROADS
(ASSESSOR'S PARCEL NUMBER 959-150-050).
BACKGROUND:
The application for the General Plan Amendment (GPA) and Zone Change (ZC) was originated
by Valley Christian Fellowship. It is their belief that the site is unsuitable for construction of a
single-family residence and that Professional Office (PO) is a more appropriate use for the site.
The church is not proposing to build on the site. After consideration of the item on two
occasions, the Planning Commission, having heard evidence in support of and in opposition to
the proposed change, has recommended denial of the application as a separate action and that
it be re-considered as part of the upcoming comprehensive General Plan update.
DISCUSSION:
Applicant Proposal/Concerns
The subject property has been on the market for more than two years. The existing land use
and zoning designations are Very Low Density Residential (VL). The applicant feels that
existing designations on this parcel are undesirable and have impeded their ability to sell the
property. The applicant also feels that changing the designations from VL to PO would make
the parcel more desireble to would-be buyers, and is consistent with adjacent land uses.
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1
Community Concerns
The subject parcel is located within the Los Ranchitos Homeowners Association (LRHOA). The
LRHOA Board is opposed to the land use and zoning designation changes. Several letters from
the LRHOA Board were submitted to the Planning Commission on November 20, 2002
(Attachment 3). The LRHOA Board is concerned that the proposal would create incompatible
land uses, would allow additional "zoning creep" into the LRHOA boundary, and increase traffic
on DePortola Road west of Margarita Road.
Staff Analysis
Staff reviewed the General Plan to assess the potential consistency of the proposed
amendment with adopted Goals and Policies. Staff examined the Land Use, Noise, Circulation,
and Community Design Elements and feels the proposed change is consistent with the General
Plan and the existing land uses along Margarita Road. An Element-by-Element analysis of key
General Plan issues can be found in the attached Planning Commission Agenda Packet.
The existing designations between DePortola Road and Highway 79 South along Margarita
Road are for commercial and office uses, except for the parcel considered under this
application. The parcel is bounded by two major roads and by parcels designated as PO and
VL. The owner of the only residential parcel adjacent to the subject site supports the proposed
change (Attachment 4). It is the opinion of staff that the proposed change is consistent with the
existing zoning along Margarita Road, south of DePortola Road.
Planning Commission Comments
The Commission had mixed views about the application. Commissioner Guerriero was
concerned about setting a precedent for other parcels in proximity to the intersection.
Commissioner Matthewson was not convinced that the PO designation is the best use for the
site. Commissioner Telesio concurred with the proposal and felt that design issues could be
adequately addressed when a development application is submitted. Chairman Chiniaeff was
not opposed to the change, but felt it would be more appropriate to incorporate the proposed
change into the City's Comprehensive General Plan Update. Commissioner Ohlasso was
absent. A motion recommending denial of the application without prejudice was made and
passed 4-0-1. Minutes of the November 20, 2002 PC meeting were not available at the time
this report was prepared.
Due to the lack of a majority vote and the comment made by Chairman Chiniaeff that this
change might be more appropriately incorporated into the City's General Plan Update, the
Council may wish to defer this request to the General Plan Land Use Element Update.
FISCAL IMPACT:
No fiscal impact is anticipated.
ATTACHMENTS:
1. City Council Resolution of Denial - Page 3
2. Planning Commission Agenda Packet November 20, 2002 - Page 6
3. Information Packet from Los Ranchitos Homeowners Association - Page 7
4. Support Letter from adjacent Residential Owner - Page 8
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ATrACHMENT NO. 1
CITY COUNCIL RESOLUTION OF DENIAL 2003-
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CC RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA NOT AMENDING THE GENERAL PLAN LAND
USE MAP FOR A SITE LOCATED AT THE SOUTHWEST
CORNER OF DEPORTOLA AND MARGARITA ROADS
(ASSESSOR'S PARCEL NUMBER 959-150- 050)
WHEREAS, Section 65300 of the Government Code requires that cities adopt a
comprehensive, long-term General Plan for the physical development of the jurisdiction as well
as any adjacent areas which, in the judgment of the city, bears a relationship to its planning; and
WHEREAS, the property owner has determined the existing land use on the subject
parcel is "undesirable;" and
WHEREAS, the Applicant submitted an Application for a General Plan Amendment on
May 20, 2002; and
WHEREAS, the Planning Commission held duly noticed public hearing on November 20,
2002, and recommended that the City Council deny without prejudice the attached amendments
to the General Plan Land Use Map; and
WHEREAS, the City Council has held a duly noticed public hearing on January 14, 2003
to consider the proposed General Plan Amendment; and
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. Amendments to the General Plan Land Use Map. The City Council
hereby denies without prejudice the proposal to change the General Plan Land Use Designation
for the parcel identified as APN 959-050-007 from Very Low Density Residential (VL) to
Professional Office (PO).
Section 2. Severability. The City Council hereby declares that the provisions of this
Resolution are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect
the validity of the remaining parts of this Resolution.
Section 3. The City Clerk shall certify the adoption of this Resolution.
Section 4. PASSED, APPROVED AND ADOPTED this 14th day of January, 2003.
Jeffrey E. Stone, Mayor
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ATTEST:
Susan Jones, CMC, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council
of the City of Temecula at a regular meeting thereof, held on the 14th day of January, 2003 by
the following vote of the Council:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan Jones, CMC, City Clerk
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ATTACHMENT NO. 2
PLANNING COMMISSION AGENDA PACKET NOVEMBER 20, 2002
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STAFF REPORT- PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
November 20, 2002
Continued from August 21, 2002
Planning Application No. 02-0260 - General Plan Amendment & Zone Change
RECOMMENDATION:
Prepared By: Emery Papp, Associate Planner
The Community Development Department - Planning Division
Staff recommends the Planning Commission:
1. ADOPT a Negative Declaration for Planning Application No. 02-0260;
2. ADOPT a Resolution entitled:
PC RESOLUTION NO. 2002-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL
APPROVES PLANNING APPLICATION NO. 02-0260, A
GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE
DESIGNATION FROM VERY LOW DENSITY RESIDENTIAL TO
PROFESSIONAL OFFICE AND A ZONE CHANGE FROM VERY
LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE ON
2.75 ACRES, GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF DEPORTOLA AND MARGARITA ROADS, AND
GENERALLY KNOWN AS ASSESSORS PARCEL NO~ 959-050-
007.
APPLICATION INFORMATION
APPLICANT:
VALLEY CHRISTIAN FELLOWSHIP
PROPOSAL:
A proposal to change the General Plan and Zoning
designations from Very Low Density Residential to
Professional Office on a 2.75-acre pamel.
LOCATION:
Southwest corner of DePortola and Margarita Roads
GENERAL PLAN DESIGNATION: Very Low Density Residential
EXISTING ZONING:
Very Low Density Residential
SURROUNDING ZONING:
North:
South:
East:
West:
Very Low Density Residential
Professional Office
Neighborhood Commemial (SP-4
Sol)
Very Low Density Residential
Paloma del
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1
EXISTING LAND USE:
Vacant
SURROUNDING LAND USES:
North:
South:
East:
West:
Vacant
Counseling Center
Legal Non-Conforming Single-Family Residence
Single-Family Residence
LOT AREA (gross):
2.75 Acres
BACKGROUND
This General Plan Amendment (GPA) and Zone Change (ZC) was originated by Vailey
Christian Fellowship. It is their belief that the site is unsuitable for construction of a single-family
residence (Attachment No. 4) and that Professional Office is a more appropriate use for the site.
The church is not proposing to build on the site. The application for the GPA and ZC was
submitted to the City on May 20, 2002. A Negative Declaration was prepared for this project
and circulated for public review and comment from July 29, 2002 to August 19, 2002.
The parcel is located within the Los Ranchitos Homeowner's Association. The Applicant sent a
survey to residents and property owners within the HOA. The survey asked whether they were
in favor of the proposed change, against the proposed change, or needed additional
information. The results are mixed (15 for, t 1 against, and 6 needed more information) with no
group being significantly represented. No adjacent property owners responded to the survey.
In conversation with staff, the President of the Los Ranchitos Homeowner's Association
expressed opposition to the project. The Los Ranchitos Homeowners Association President
also indicated that they would not be opposed to the change if the owner were conditioned to
construct a block wall to separate the parcel from adjacent residences and restricted the access
to Margarita Road only. However, there is no mechanism on which to attach conditions at this
time because there is no specific development proposal with this application. Land use
compatibility issues would be addressed when a development proposal is submitted.
The item was brought before the Planning Commission on August 21, 2002. When the meeting
was opened for public hearing, the project was opposed by the Los Ranchitos Homeowner's
Association, who challenged the adequacy of the Negative Declaration with respect to the traffic
analysis conducted by staff. The President of the Los Ranchitos HOA (Larry Markham)
requested, and was granted, a 90-day continuance to discuss the issues with the members of
the HOA at a regularly scheduled HOA meeting. As of the date this staff report was prepared,
the Los Ranchitos HOA had submitted nothing to staff.
ANALYSIS
In the original staff report (August 21, 2002) for the proposed General Plan Amendment and
Zone Change, staff had focused on the following issues:
Land Use Compatibility
· General Plan Conformity/Consistency
· Environmental Determination
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For this staff report, only those issues that were disputed during the public headng on August
21,2002 are considered. The analysis from the prior staff report (Attachment No. 2) may still be
discussed if the Commission so desires.
TRAFFIC ANALYSIS FROM 08/21/02 STAFF REPORT
CIRCULATION ELEMENT. Goal No. 1 states that the City will "Strive to maintain a Level of
Service "D' or better at all intersections during peak hours and Level of Service "C" or better
during non-peak hours." To evaluate the General Plan level impacts concerning cimulation,
staff deferred to Policy No. 1.2 that states "Require an evaluation of potential traffic impacts
associated with new development prior to project approval, and require adequate mitigation
measures prior to, or concurrent with, development." Using the General Plan Traffic Study
(Table 2 - Land Use Trip Generation Factors), staff has determined that the overall number of
vehicle trips that will potentially be generated by this site could increase from 10 trips (using Low
Density Residential) up to a maximum of 600 trips per day (using Commercial Office). Trip
counts taken at the intersection of DePortola and Margarita Roads in July/August 2001 indicate
the following number of daily trips:
AVERAGE DAILY TRIPS
INTERSECTION/ROAD SEGMENT CURRENT BUILDOUT LEVEL OF
(2001 ) FORECAST SERVICE "D"
Margarita Road at Highway 79 South 20,339 17,900 37,800
Margarita Road at Jedediah Smith 15,000 20,700 37,800
DePortola Road east of Margarita Road 1,574 15,400 36,000
DePortola Road west of Margarita Road 4,452 3,100 28,800
The proposed land use change has the potential to create additional vehicle trips when the site
develops. However, the Level-of-Service at this intersection would remain LOS-A with the
addition of 600 daily vehicle trips on any segment of either road. Staff has determined the
additional vehicle trips would be a less than significant impact. When a future development
application is received and processed, the intensity of the use will be determined and, if
necessary, mitigation measures will be implemented. This project, as proposed, is consistent
with the Goals and Policies of the Circulation Element.
TRAFFIC ANALYSIS UPDATE
At the August 21, 2002 Planning Commission, Mr. Markham indicated that the Los Ranchitos
HOA would challenge the adequacy of the Negative Declaration that was prepared by staff for
this project. The point of contention was the traffic analysis. Staff per[ormed a General Plan
level traffic analysis for this project that considered ultimate or ~Buildou~' conditions as required
by the City's Growth Management Action Plan. The Table above identified the most recent (at
the time the report was prepared) daily trip counts for DePortola Road west of Margarita Road,
and the ultimate capacity of this segment of roadway when developed to its designed width.
These figures indicated that even if all of the vehicle trips created by the future development of
the site were diverted onto this segment of DePortola, Level of Service would remain at LOS A.
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The General Plan Cimulation Element identifies the ultimate classification of this roadway as a
4-Lane Secondary Highway, capable of carrying up to 29,000 vehicles a day at LOS D. Mr.
Markham's challenge to the Negative Declaration is that staff did not consider the fact that this
segment of DePortola Road was not considered at its current pavement width in the traffic
analysis. This segment of DePortola Road is currently +/-40 feet wide, allowing for two lanes of
moving traffic and parking on the sides of the roadway. At the time the Negative Declaration
was prepared, staff did not feel it was necessary to look at the current conditions of this
segment of roadway because the daily vehicle trip count was very Iow.
In response to Mr. Markham's comments, staff now offers the following additional information:
FACT
Per the Public Works Department, DePortola Road west of Margarita Road is currently
+/- 40 feet wide (this is equivalent to a standard General Plan collector street),
Per the Public Works Department, more recent daily trip counts taken in August 2002
are now available and indicate that current average daily trip counts have increased
slightly to approximately 5,000 trips per day on this roadway segment.
Per the Public Works Department, the current width of this segment of DePortola Road
should classify it as a Collector Road, capable of carrying approximately 12,000 vehicle
trips per day.
This equates to a current condition of Level of Service A. (Level of Service can be
expressed as a pementage of the number of daily vehicle trips divided by the roadway
capacity. LOS A.= 60% or less of capacity, LOS B = greater than 60% and less than or
equal to 70%, LOS C = greater than 70% and less than or equal to 80%, LOS D =
greater than 80% and less than or equal to 90%, LOS E = greater than 90% and less
than or equal to 100%).
FINDING
Dividing 5,000 daily vehicle trips by 12,000 vehicle trips (current roadway capacity)
yields a pementage of 41.67%, or a current LOS ^ for this segment of DePortola Road,
If all 600 daily vehicle trips potentially generated by the development of this site were
diverted onto this segment of DePortola Road without road improvements, 5,600 daily
vehicle trips divided by 12,000 vehicle trips yields a percentage of 46.67%, or a potential
LOS A for this segment of DePortola Road,
Based on this analysis, the potential impacts of the future development of the site as a
Professional Office use will not significantly impact this segment of DePortola Road,
o
Staff can update the Negative Declaration to include these findings, if so directed by the
Commission, and per the provisions of CEQA, it is not necessary to re-circulate the
revised document for public comment.
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FATAL ACCIDENT AT INTERSECTION OF DEPORTOLA AND MARGARITA ROADS
During the Commission's discussions after the Public Hearing was closed, the subject of a fatal
traffic accident in July 2002 at the intersection of DePortola and Margarita Roads was
discussed. The item came up in relation to the discussion of traffic impacts on the segment of
DePortola Road west of Margarita Road.
Staff reseamhed the accident. A 50-year-old Temecula resident lost her life after her vehicle
struck an SUV that had ran a red light. The man who was driving the SUV is a resident of
Solana Beach and was in Temecula to visit his grandmother. The accident was unfortunate, but
also could have happened at any intersection in the City at any time. This accident in particular,
and many other accidents that have occurred in the City recently are the result of ddver
negligence, and not because of adverse traffic conditions. Staff feels that the unfortunate
accident at this intersection should not be considered grounds to deny this application.
Environmental Determination
This project does not qualify for an exemption from CEQA and an initial environmental
assessment was prepared. The initial environmental assessment for this project identified no
potentially significant impacts and a Negative Declaration was prepared. The public review
period for the Negative Declaration was from July 29, 2002 to August 19, 2002.
At the 08/21/02 Planning Commission meeti'ng, the Los Ranchitos HOA President challenged
the adequacy of the Negative Declaration, faulting the traffic analysis conducted by staff. It is
important to note that the HOA had the opportunity to respond during the public review period
but did not. Instead, the HOA's challenge was submitted verbally at the public hearing. Per the
request of the HOA, the item was continued for 90 days until November 20, 2002. At the time
this report was prepared, no written comments had been received from the Los Ranchitos HOAo
Staff feels that the verbal challenges made concerning traffic impacts have been adequately
addressed, have been further clarified in this staff report, and staff stands by its analysis and the
previously prepared Negative Declaration.
SUMMARY/CONCLUSIONS
Staff has determined that the project as proposed is consistent with the General Plan and
Zoning. Staff recommends that the Planning Commission adopt a Resolution recommending
that the City Council approve the Negative Declaration and the General Plan Amendment and
Zone Change.
FINDINGS
To recommend approval of the General Plan Amendment, the following findings must be made:
1. The amendment is compatible with the health, safety and welfare of the community.
The proposed amendment meets the goals and policies of the General Plan, and is
consistent with the anticipated impacts of the Final Environmental Impact Report (EIR)
for the General Plan and the guidelines of the Development Code. Any future
development of the site will be subject to the City's General Plan, Development Code
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and Design Guidelines to ensure the public health, safety and welfare of the community
is maintained when the site is developed.
2. The amendment is compatible with existing and surrounding uses.
There are existing pamels designated Professional Office along Margarita Road,
adjacent to the site, that are also adjacent to Very Low Density Residential Housing.
Therefore, the proposed amendment will be compatible with, and will provide a buffer for
existing and future uses in the surrounding area.
The amendment will not have an adverse effect on the community and is consistent with
the goals and policies of the adopted General Plan.
The proposed land use map amendments will not conflict with the existing zoning or land
uses and will result in more compatible potential land uses as there is existing
commercial property across from the site on Margarita Road, and the subject site is
currently adjacent to Professional Office zoned property to the south. Therefore, the
proposed amendment will result in compatible development, which is a goal of the
General Plan.
To recommend approval of the Zone Change, the following findings must be made:
The proposed Zone is consistent with the land use designation in which the use is
located, as shown on the Land Use Map.
The proposed change of zone is consistent with the General Plan of the City of
Temecula if the proposed Zone Change is processed concurrently with the proposed
General Plan Land Use Amendment.
The proposed use is in conformance with the goals, policies, programs and guidelines of
the elements of the General Plan.
The proposed change of zone conforms to the General Plan and will result in more
compatible potential land uses as there is existing commercial property across from the
site on Margarita Road, and the subject site is currently adjacent to Professional Office
zoned property to the south. Therefore, the proposed amendment will result in
compatible development, which is a goal of the General Plan.
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Attachments:
1. PC Resolution - Blue Page 8
A. CC Resolution (General Plan Amendment and Environmental Determination) -
Blue Page 11
B. CC Ordinance (Change of Zone) - Blue Page 14
2. Planning Commission Staff Report 08/21/02 - Blue Page 17
3. Planning Commission Minutes 08/21/02 - Blue Page 25
4. Initial Study - Blue Page 31
5. , Exhibits - Blue Page 43
A. Vicinity Map
B. General Plan Map
C. Zoning Map
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PC RESOLUTION NO. 2002-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING APPROVAL OF
PLANNING APPLICATION NO. 02-0260, A GENERAL PLAN
AMEN~DMENT TO CHANGE THE LAND USE DESIGNATION
FROM VERY LOW DENSITY RESIDENTIAL TO
PROFESSIONAL OFFICE AND A ZONE CHANGE FROM VERY
LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE ON
2.75 ACRES, GENERALLY LOCATED ON THE SOUTH WEST
CORNER OF DEPORTOLA AND MARGARITA ROADS, AND
GENERALLY KNOWN AS ASSESSOR PARCEL NO. 959-050-
007.
WHEREAS, Valley Christian Fellowship filed Planning Application No. PA02-0260 (the
"Application"), in a manner in accord with the City of Temecula General Plan and Development
Code; and
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law; and
WHEREAS, the Planning Commission considered the Application on November 20,
2002, 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; and
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission recommended approval of the Application after finding that the
project proposed in the Application conformed to the City of Temecula General Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findinqs. The Planning Commission in recommending approval of the
Application, makes the following findings:
circulation;
The proposed amendment would not adversely impact area wide traffic
B. The proposed amendment would not be contrary to the goals and policies
contained in the adopted. General Plan; and,
C. The proposed amendment would not be inconsistent with the other Elements of
the adopted General Plan.
Section 3. Environmental Compliance. An Initial Study prepared for this project
indicates that the proposed project would not create any significant impacts on the environment
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9
and therefore, the Planning Commission recommends the City Council adopt a Negative
Declaration.
Section 4. Recommendation. That the City of Temecula Planning Commission
hereby recommends that the City Council approve the Application to amend the adopted
General Plan Land Use and Official Zoning Map for the City of Temecula by changing the
designation on the property identified as Assessor's Parcel Number 959-050-007 from Very Low
Density Residential to Professional Office.
Section 5. PASSED, APPROVED AND ADOPTED this 20th day of November, 2002.
Dennis Chiniaeff, Chairperson
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2002- was d.u. ly and regularly adopted by the Planning Commission
Of the City of Temecula at a regular meeting thereof, held on the 20th day of November, 2002 by
the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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ATTACHMENT NO. lA
CC RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE GENERAL PLAN LAND USE
MAP FOR A SITE LOCATED AT THE SOUTHWEST CORNER
OF DEPORTOLA AND MARGARITA ROADS (ASSESSOR'S
PARCEL NUMBER 959-150- 050)
WHEREAS, Section 65300 of the Government Code requires that cities adopt a
comprehensive, long-term General Plan for the physical development of the jurisdiction as well
as any adjacent areas which, in the judgment of the city, bears a relationship to its planning; and
WHEREAS, the property owner has determined the existing land use on the subject
pamel is "undesirable;" and
WHEREAS, the Applicant submitted an Application for a General Plan Amendment on
May 20, 2002; and
WHEREAS, the Planning Commission held duly noticed public hearing on November 20,
2002, and recommended that the City Council approve the attached amendments to the
General Plan Land Use Map; and
WHEREAS, the City Council has held a duly noticed public hearing on
2002 to consider the proposed General Plan Amendment; and
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. Amendments to the General Plan Land Use Map The City Council hereby
amends the General Plan Land Use Designation for the pamel identified as APN 959-050-007
from Very Low Density Residential (VL) to Professional Office (PO).
Section 2. Environmental Review. The City Council, based upon the information
contained in the Initial Environmental Study and Negative Declaration prepared for this project,
finds that the impacts of the proposed amendment is accurately described and discussed and
that the Mitigated Negative Declaration accurately reflects the impacts of the amended General
Plan on the City of Temecula and its surrounding areas.
Section 3. Severability. The City Council hereby declares that the provisions of this
Resolution are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect
the validity of the remaining parts of this Resolution.
Section 4. The City Clerk shall certify the adoption of this Resolution.
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Section 5. PASSED, APPROVED AND ADOPTED this _th day of
2002. '
ATTEST:
Ron Roberts, Mayor
Susan Jones, CMC, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council
of the City of Temecula at a regular meeting thereof, held on the day of
,2002 by the following vote of the Council:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan Jones, CMC, City Clerk
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13
ATTACHMENT NO. 1B
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA FOR A SITE LOCATED SOUTHWEST
CORNER OF DEPORTOLA AND MARGARITA ROADS
(ASSESSOR'S PARCEL NO. 959-050-007) CHANGING THE
ZONING CLASSIFICATION FROM VERY LOW DENSITY
RESIDENTIAL (VL) TO PROFESSIONAL OFFICE (PO)
WHEREAS, the property owner has determined the existing land use on the subject
pamel is "undesirable;" and
WHEREAS, the Applicant submitted an Application for a General Plan Amendment on
May 20, 2002; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November
20, 2002, and recommended that the City Council approve the attached amendments to the City
Zoning Map; and
WHEREAS, this Ordinance complies with all the applicable requirements of State law
and local ordinances; and,
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, local newspaper, and the project site; and,
WHEREAS, the City Council has held a duly noticed public hearing on
2002 to consider the proposed amendments to the City Zoning Map.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Amendments To The City Zoninq Map The City Council hereby amends
the Zoning Map for the City of Temecula for the parcel identified as APN 959-050-007 by
changing the Zoning designation from Very Low Density Residential (VL) to Professional Office
(PO).
Section 2. Environmental Review. The City Council, based upon the information
contained in the Initial Environmental Study and Negative Declaration prepared for this project,
finds that the impacts of the proposed amendment is accurately described and discussed and
that the Mitigated Negative Declaration accurately reflects the impacts of the amended General
Plan on the City of Temecula and its surrounding areas.
Section 3. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
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Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 5. ~ Effective Date. This Ordinance shall be in full fome and effect thirty (30)
days after its passage. 'The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 6. This Ordinance shall be in full fome and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and circulated
in said City.
Section 7.
2002.
PASSED, APPROVED AND ADOPTED this day of
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 02-__ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the __th day of ,2002 and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the
th day of ,2002, by the following vote:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNClLMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMO
City Clerk
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STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
August 21, 2002
Planning Application No. 02-0260 - General Plan Amendment & Zone Change
RECOMMENDATION:
Prepared By: Emery Papp, Associate Planner
The Community Development Department - Planning Division
Staff recommends the Planning Commission:
1. ADOPT a Negative Declaration for Planning Application No. 02-0260;
2. ADOPT a Resolution entitled:
PC RESOLUTION NO. 2002-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING APPROVAL OF
PLANNING APPLICATION NO. 02-0260, A GENERAL PLAN
AMENDMENT TO CHANGE THE LAND USE DESIGNATION
FROM VERY LOW DENSITY RESIDENTIAL TO
PROFESSIONAL OFFICE AND A ZONE CHANGE FROM VERY
LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE ON
2.75 ACRES, GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF DEPORTOLA AND MARGARITA ROADS, AND
GENERALLY KNOWN AS ASSESSORS PARCEL NO. 959-050-
007.
APPLICATION INFORMATION
APPLICANT:
PROPOSAL:
LOCATION:
EXISTING ZONING:
SURROUNDING ZONING:
GENERAL PLAN DESIGNATION:
EXISTING LAND USE:
VALLEY CHRISTIAN FELLOWSHIP
A proposal to change the General Plan and Zoning
designations from Very Low Density Residential to
Professional Office on a 2.75-acre pamel.
Southwest corner of DePortola and Margarita Roads
Very Low Density Residential
North:
South:
East:
West:
Very Low Density Residential
Professional Office
Neighborhood Commercial (SP-4 Paloma del Sol)
Very Low Density Residential
Very Low Density Residential
Vacant
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SURROUNDING LAND USES:
North:
South:
East:
West:
Vacant
Counseling Center
Legal Non-Conforming Single-Family Residence
Single-Family Residence
LOT AREA (gross):
2.75 Acres
BACKGROUND
This General Plan Amendment (GPA) and Zone Change (ZC) was originated by Valley
Christian Fellowship. It is their belief that the site is unsuitable for construction of a single-family
residence (Attachment No. 4) and that Professional Office is a more appropriate use for the site.
The church is not proposing to build on the site. The application for the GPA and ZC was
submitted to the City on May 20, 2002. A Negative Declaration was prepared for this project
and circulated for public review and comment from July 29, 2002 to August 19, 2002.
The parcel is located within the Los Ranchitos Homeowner's Association; The Applicant sent a
survey to residents and property owners within the HOA. The survey asked whether they were
in favor of the proposed change; against the proposed change, or needed additional
information. The results are mixed (15 for, 11 against, and 6 needed more information) with no
group being significantly represented. No adjacent property owners responded to the survey.
In conversation with staff, the President of the Los Ranchitos Homeowner's Association
expressed opposition to the project. The Los Ranchitos Homeowners Association President
also indicated that they would not be opposed to the change if the owner were conditioned to
construct a block wall to separate the parcel from adjacent residences and restricted the access
to Margarita Road only. However, there is no mechanism on which to attach conditions at this
time because there is no specific development proposal with this application. Land use
compatibility issues would be addressed when a development proposal is submitted.
ANALYSIS
In reviewing the application for a General Plan Amendment and Zone Change, staff has focused
on the following issues:
· Land Use Compatibility
· General Plan Conformity/Consistency
· Environmental Determination
Land Use Compatibility
Staff has reviewed the Zoning Map and Development Code to assess the potential consistency
of the proposed land use change. The existing designations between DePortola Road and
Highway 79 South along Margarita Road are either commercial or office uses, except for the
parcel that is being considered under this application. The land uses north of DePortola Road
on the west side of Margarita Road are Very Low Density Residential. It is the opinion of staff
that the proposed change is logical, and is consistent with the existing zone classifications along
Margarita Road for the following reasons:
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· The Professional Office (PO) zone is the least intrusive commemial zone (offices are
quiet uses)
· The site is adjacent to a major artedal and PO is a more desirable land use than single-
family residential uses
· A non-residential land use would insulate the existing residential area from traffic and
noise impacts
· Potential land use compatibility issues can be addressed through proper site design
Per the Development Code, the most significant changes in development standards would
affect lot coverage and height requirements. The Very Low Density Residential zone allows
maximum lot coverage of 20% and a maximum height of 35 feet. The Professional Office
designation allows a maximum lot coverage and Floor Area Ratio (FAR) of 50% and a
maximum height of 75 feet. While these standards are significantly different and could lead to
design conflicts with adjacent uses, the General Plan Community Design Element goals and
policies will prevail when a future Development Plan is submitted.
The Development Code also addresses this issue. The Development Code requires a minimum
25-foot setback adjacent to residential property. As a result, the closest a future non-residential
building could be located from a future residence would be 35 feet (25+10). Using the FAR,
typical development could result in a one-story building covering half of the site, or a two-story
building covering one quarter of the site. These policy-related issues are addressed in the
General Plan Conformity section of this report.
General Plan Conformity/Consistency
Staff has reviewed the General Plan to assess the potential consistency of the proposed
amendment with the adopted Goals and Policies. Staff carefully examined the Noise,
Circulation, Land Use and Community Design Elements. After examining these Elements, the
opinion of staff is that the proposed change is logical, and is consistent with the existing land
uses along Margarita Road for the following reasons:
· Projected noise levels along Margarita Road may exceed allowable levels for residential
uses in the future. PO allows a higher exterior noise level
· Traffic Level of Service will remain unchanged at LOS-A
· General Plan Goals and Policies will ensure that appropriate transitioning and buffering
will be incorporated into the site design
NOISE ELEMENT. Goal No. 1 requires "Land use planning that provides for the separation of
significant noise generators from sensitive receptor areas." The discussion following this Goal
states "Noise hazard areas will be considered to include locations within the 65 CNEL
[Community Noise Equivalent Level] contour of master planned roadways, railroad corridors,
aircraft flight paths, and industrial facilities." The two policy statements that follow apply to this
project:
· 1.1
"Discourage noise sensitive land uses in noisy exterior environments unless
measures can be implemented to reduce exterior and interior noise to acceptable
levels. Alternatively, encourage less sensitive uses in areas adjacent to major
noise generators but require appropriate interior working environments."
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2O
· 1.8 "Minimize noise conflicts between land uses and the cimulation network."
Furthermore, Section 4.A. Table 8-4 of the General Plan Noise Element indicates that exterior
noise levels in residential areas should not exceed 65 decibels. Table 8-3 in Section 2.D.1.
indicates that future noise levels on Margarita Road will be in the range of 61.1 to 67.6 decibels
at 100 feet from the centerline of the street. The parcel is a rectangular shaped lot that fronts
DePortola Road with the longer side fronting on Margarita Road. The approximate dimensions
of the parcel are 277 feet by 450 feet. Margarita Road is classified as a 110 foot-wide Arterial
Roadway, with a curb-to-curb dimension of 86 feet. Therefore, the 65-decibel noise contour
would encroach at least 57 feet into the pamel along Margarita Road, rendering at least 0.59-
acres of the site "undesirable" for residential development.
The proposed Professional Office use allows exterior noise levels up to 70 decibels, which is
higher than the projected noise level at the 100-foot noise contour for Margarita Road. The
traffic noise from Margarita Road would not as significantly impact Professional Office uses on
the site, allowing buildings to be located closer to Margarita Road and further away from existing
residents. One factor in recommending approval of the land use and zone change is the
protection of residents from excessive noise levels, and compliance with the aforementioned
goal and policies.
CIRCULATION ELEMENT. Goal No. 1 states that the City will "Strive to maintain a Level of
Service "D" or better at all intersections during peak hours and Level of Service "C' or better
during non-peak hours." To evaluate the General Plan level impacts concerning cimulation,
staff deferred to Policy No. 1.2 that states "Require an evaluation of potential traffic impacts
associated with new development prior to project approval, and require adequate mitigation
measures prior to, or concurrent with, development." Using the General Plan Traffic Study
(Table 2 - Land Use Trip Generation Factors), staff has determined that the overall number of
vehicle trips that will potentially be generated by this site could increase from 10 trips (using Low
Density Residential) up to a maximum of 600 trips per day (using Commemial Office). Trip
counts taken at the intersection of DePortola and Margarita Roads in July/August 2001 indicate
the following number of daily trips:
AVERAGE DAILY TRIPS
INTERSECTION/ROAD SEGMENT CURRENT BUiLDOUT LEVEL OF
(2001) FORECAST SERVICE "D~
Margarita Road at Highway 79 South 20,339 17,900 37,800
Margarita Road at Jedediah Smith 15,000 20,700 37,800
DePortola Road east of Margarita Road 1,574 15,400 36,000
DePortola Road west of Margarita Road 4,452 3,100 28,800
The Proposed land use change has the potential to create additional vehicle trips when the site
develops. However, the Level-of-Service at this intersection would remain LOS-A with the
addition of 600 daily vehicle trips on any segment of either road. Staff has determined the
additional vehicle trips would be a less than significant impact. When a future development
application is received and processed, the intensity of the use will be determined and, if
necessary, mitigation measures will be implemented. This project, as proposed, is consistent
with the Goals and Policies of the Circulation Element.
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LAND USE ELEMENT. Goal No. 3 requires "A land use pattern that will protect and enhance
residential neighborhoods." The discussion following this goal states "Future residential and
non-residential development should be compatible with the natural features of the site and the
adjacent uses." The three policy statements that follow apply to this project:
· 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."
· 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."
· 3.32 "Protect single-family residential areas from encroachment by commercial uses."
Note: There are two Policies numbered "3.3" under Goal 3 of the Land Use Element
The Land Use Element Goals and Policies discussed in this section can be implemented
through the design process, The Development Review Committee (DRC) will ensure that a
future Development Plan submittal for this site will address these policies to further minimize
potential land use conflicts,
COMMUNITY DESIGN ELEMENT. Goal No. 3 suggests "Preservation and enhancement of the
positive qualities of individual districts or neighborhoods." Because no development plan has
been submitted with this application, it is difficult to address issues of community design. The
discussion following Goal 3 of the Community Design Element states, "Of particular importance,
is the preservation of the character of the single family neighborhoods and their protection from
intrusions from buildings that ara "out of scale," incompatible land uses, and excessive vehicular
traffic." Staff feels the change of land use is appropriate, that vehicular traffic will not be
significantly impacted, and that design issues can be addressed with a subsequent
Development Plan that conforms to the policies of the Community Design Element. The
following General Plan Community Design Element policies may apply:
· 3.1
· 3;2
· 3.3
"Improve the appearance of neighborhood areas and the "edges" between
neighborhoods through landscaping, location of open space buffers, and special
landscape features"
"Preserve the scale and character of residential development by creating
appropriate transitions between lower density, rural areas, and higher density
development."
"Encourage the use of creative landscape design to create visual interest and
reduce conflicts between different land uses."
The Community Design Element Goals and Policies discussed in this section can be
implemented through proper planning and the design process. The Development Review
Committee will ensure that a future Landscape Plan submittal for this site will address these
policies to further minimize potential land use conflicts. The DRC will also consider building
mass, building orientation, site layout, ingress and egress, and buffering in determining
compliance with these goals and policies.
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Environmental Determination
This project does not qualify for an exemption from CEQA and an initial environmental
assessment was prepared. The initial environmental assessment for this project identified no
potentially significant impacts and a Negative Declaration was prepared. Issues related to
Traffic/Circulation and Hazards were identified with a "Less Than Significant Impact" designation
because daily vehicle trips could increase but would remain at a Level of Service "A;
In the Environmental Assessment checklist, items a. and c. in Section 9 Hazards were given a
"Less Than Significant Impact" designation. They were checked because the potential increase
of vehicle trips in proximity of the site could result in an increased risk of a vehicular accident
fronting the site. Until the site develops, however, there will be no additional exposure to
hazards resulting from the approval of this application. The public review period for the
Negative Declaration was from July 29, 2002 to August 19, 2002. At the time this report was
prepared, no written comments had been received.
SUMMARY/CONCLUSIONS
Staff has determined that the project as proposed is consistent with the General Plan and
Zoning. Staff recommends that the Planning Commission adopt a Resolution recommending
that the City Council approve the Negative Declaration and the General Plan Amendment and
Zone Change.
FINDINGS
To recommend approval of the General Plan Amendment, the following findings must be made:
1. The amendment is compatible with the health, safety and welfare of the community.
The proposed amendment meets the goals and policies of the General Plan, and is
consistent with the anticipated impacts of the Final Environmental Impact Report (EIR)
for the General Plan and the guidelines of the Development Code. Any future
development of the site will be subject to the City's General Plan, Development Code
and Design Guidelines to ensure the public health, safety and welfare of the community
is maintained when the site is developed,
2. The amendment is compatible with existing and surrounding uses.
Them are existing pamels designated Professional Office along Margarita Road,
adjacent to the site, that are also adjacent to Very Low Density Residential Housing.
Therefore, the proposed amendment will be compatible with, and will provide a buffer for
existing and future uses in the surrounding area.
The amendment will not have an adverse effect on the community and is consistent with
the goals and policies of the adopted General Plan.
The proposed land use map amendments will not conflict with the existing zoning or land
uses and will result in mom compatible potential land uses as there is existing
commercial property across from the site on Margarita Road, and the subject site is
currently adjacent to Professional Office zoned property to the south. Therefore, the
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proposed amendment will result in compatible development, which is a goal of the
General Plan.
To recommend approval of the Zone Change, the following findings must be made:
The proposed Zone is consistent with the land use designation in which the use is
located, as shown on the Land Use Map.
The proposed change of zone is consistent with the General Plan of the City of
Temecula if the proposed Zone Change is processed concurrently with the proposed
General Plan Land Use Amendment.
The proposed use is in conformance with the goals, policies, programs and guidelines of
the elements of the General Plan.
The proposed change of zone conforms to the General Plan and will result in more
compatible potential land uses as there is existing commercial property across from the
site on Margarita Road, and the subject site is currently adjacent to Professional Office
zoned property to the south. Therefore, the proposed amendment will result in
compatible development, which is a goal of the General Plan.
Attachments:
PC Resolution - Blue Page 8
A. CC Resolution (General Plan Amendment and Environmental Determination)
B. CC Ordinance (Change of Zone)
2. Initial Study - Blue Page 15
Exhibits:
A. Vicinity Map - Blue Page 16
General Plan Map - Blue Page 17
D. Zoning Map - Blue Page 18
Letter from Valley Christian Fellowship to Los Ranchitos Residents - Feb. 17, 2002 -
Blue Page 19
5. Survey Results (Returned Cards) - Blue Page 20
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MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
AUGUST. 21, 2002
(Excerpts pertaining to PA 02-0260)
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on
Wednesday, August 21, 2002, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
ALLEGIANCE
The audience was led in the Flag salute by Commissioner Olhasso,
ROLL CALL
Present:
Commissioners Guerriem, Mathewson, Olhasso, Telesio, and
Chairman Chiniaeff.
Absent: None.
Also Present:
Director of Planning Ubnoske,
Assistant City Attorney Curley,
Redevelopment Director Meyer,
Development Services Administrator McCarthy,
Deputy Director of Public Works Parks,
Principal Planner Hogan,
Associate Planner Papp,
Associate Planner Rush,
Associate Planner Thornsley,
Project Planner McCoy, and
Minute Clerk Hansen.
At'this time the Commission resumed the regular order of the agenda, considering Item
No. 4.
Plannin.q Application No. PA02-0260 A proposal to chanqe the General Plan and Zoninq
desiqnations from Yew Low Density Residential to Professional Office on a 2.75-acre
Darnel. located Southwest corner of De Portola and Mar,qarita Roads - Emery Papp,
Associate Planner
RECOMMENDATION:
4.1 Adopt a Negative Declaration for Planning Application No. 02-0260;
4.2 Adopt a resolution entitled:
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PC RESOLUTION NO. 2002-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING APPROVAL OF
PLANNING APPLICATION NO. 02-0260, A GENERAL PLAN
AMENDMENT TO CHANGE THE LAND USE DESIGNATION
FROM VERY LOW DENSITY RESIDENTIAL TO
PROFESSIONAL OFFICE AND A ZONE CHANGE FROM VERY
LOW DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE ON
2.75 ACRES, GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF DE PORTOLA AND MARGARITA ROADS, AND
GENERALLY KNOWN AS ASSESSORS PARCEL NO. 959-050-
007.
Associate Planner Papp provided an overview of the staff report (of record), highlighting the
rationale for the request to change the General Plan and Zoning designations on this pamel;
advised that the Los Ranchitos Homeowners Association (HOA) was opposed to the proposed
change; provided the results of the traffic and noise analysis associated with the proposed
change, advising that the amendment would result in lesser impacts in terms of noise, and the
traffic generated would enable the roadway at the intersection to remain at a Level of Service A;
and provided additional information with respect to the proposed amendment being consistent
with the City's Growth Management Plan.
In response to Commissioner Guerriero's queries regarding the HOA's concern regarding the
desire that the applicant install block wall, Associate Planner Papp noted that staff could not
make a recommendation regarding this issue without a proposed development plan, advising
that once a plan was submitted, this issue could be addressed; for Chairman Chiniaeff, noted
that environmental restraints could be imposed on the amendment proposal if it had been
determined that the traffic impacts would be significant, which was not determined, Principal
Planner Hogan providing additional information regarding imposing environmental restraints,
advising that if it was determined in the Negative Declaration that there was the potential for
land use incompatibility, then as a mitigation measure a wall could have been required along the
western property line. Deputy Director of Public Works Parks noted that with this amendment an
environrnental restraint map would not be required since there was no proposal for a subdivision
of land.
Associate Planner Papp relayed that there would be a required 25-foot setback adjacent to
residential areas, advising that the General Plan does not require that any future development
application for this parcel implement a significant transitional buffer.
For Chairman Chiniaeff, Assistant City Attorney Curley provided additional information regarding
the restrictions, which could be imposed on this proposal.
In response to Commissioner Telesio, Associate Planner Papp specified the boundaries of the
HOA.
Associate Planner Papp noted the location of the alternate parcels in this area, which had been
changed to Professional Office, advising that there had been no requirement to construct a
buffer wall.
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Mr. Mike McNeff, Pastor representing Valley Christian Fellowship, the owner of the pamel,
concurred with staff that discussion regarding installation of a block wall would more
appropriately be addressed at the time a Development Plan was submitted; for the record,
submitted the signatures of all the adjacent property owners who border this parcel, specifying
the location of these particular parcels; and for Commissioner Telesio, provided additional
information regarding the adjacent property owners' support of the request to re-zone this
particular property.
The following individuals spoke in support of the proposed revised general land use designation
at this particular site:
· Ms. Nancy Austin
Mr. Kevin Johnson
· Mr. Guy Romero
· Ms. Claire Johnson
Mr. Jim Shuntz
· Mr. Vicente Gchaerria
Real Estate agent for the applicant
30707 Centaur Court
41685 Hawthorne Murrieta
30707 Centaur Court
30800 La Ray Lane
31775 De Portola road
The above-mentioned individuals spoke in support of the proposal, relaying the following
comments:
o The marketing efforts revealed that the proposed zone change would be the best use for
this parcel;
o This property was not well-suited for residential;
With the zoning as Office Professional, the City would have more control over development
of the parcel;
o Since the parcel would remain within the Los Ranchitos HOA boundaries, the HOA would
have input on future development of the property;
o The church, which was the property owner, would be able to find a parcel for the future
development of a church use with this zone change since this parcel could be more easily
sold;
o Advised that if the parcel was viewed in relationship to the surrounding area, the rezoning
appeared to be more appropriate; and
o Noted opposition to the construction of an 8-foot wall (which was a recommendation of the
HOA~)
Mr. Larry Markham, representing the Los Ranchitos HOA, via distributed supplemental agenda
material, specified the concern of the HOA with this proposal, in particular the impact the
proposed rezoning would have on De Portola Road and the next properties to the west,
specifically the potential for additional zone changes; provided a history of nearby properties
which have had zoning changes; additionally noted concern with regard to various permitted
uses within Professional Office zones; advised that the HOA had specified that with the
installation of a block wall, and restricted access to De Portola Road (i.e., the parcel taking
access off of Margarita Road) the HOA supported the proposed change; with respect to the
environmental document, relayed that the traffic impacts of this zone change would be
significant, advising that in his opinion the CEQA document was inadequate and that he would
provide these points of concern in writing; recommended that concurrent to the processing of
the zoning change, a dedication of access restriction on De Portola Road should be processed,
suggesting that the applicant's previous offer of payment be replaced with an offer to pay for the
cost of a block wall; recommended that this item be continued for 60 to 90 days; for
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Commissioner Mathewson, specified previously referenced residential properties which take
access off of Margarita Road, confirming that the parcel on the adjacent side of De Portola was
a vacant parcel; specified the boundaries of the HOA pamels; for Chairman Chiniaeff and
Commissioner Mathewson, reiterated that the HOA would be agreeable to the applicant
installing a block wall along De Portola Road and the property line in lieu of the monies offered
to the HOA, specifying that the wall would not need to be installed until the parcel was
developed, reiterating that with this requirement and the dedication of access restriction the
HOA would be supportive of the zone change.
Additional discussion ensued regarding the discussions between the applicant and the HOA.
For Chairman Chiniaeff, Assistant City Attorney Curley relayed that if this matter was forwarded
to the City Council, the City Council would most likely be addressing CEQA issues (based on
comments expressed at this hearing), advising that at that time the Council could either take
action, or send the matter back to the Planning Commission for review of the CEQA issues;
noted that if it was the Planning Commission's desire that accommodation be provided to the
HOA's concern that there could be language indicating this desire in the recommendation to the
City Council; noted that it was the Planning Commission's charge in this matter to review the
request and determine whether this request was consistent with the fundamental planning
documents of the City, i.e., the General Plan and zoning; and confirmed that any issue between
the private parties was external to the Planning Commission's jurisdiction.
Deputy Director of Public Works Parks provided additional information regarding the access
issue, advising that it would be more appropriate to consider access being revised at the time a
development plan was submitted.
In response to additional comments, Mr. Markham specified the environmental concerns of the
HOA's traffic, and public safety, noting the need for additional mitigation.
In response to queries, Deputy Director of Public Works Parks relayed that staff would desire
the opportunity to further explore the environmental issues of concern.
In response to Commissioner Mathewson's queries as to why the HOA had not specified its
concerns during the comment period, Mr. Markham relayed that as a Board, the month of July
was dark, and the mail was received at a Post Office box, advising that at the August Board
meeting eight out of nine Board Members had voted to oppose the zone change, as proposed,
For Chairman Chiniaeff, Mr. McNeff advised that the HOA would be able to maintain certain
control over the property based on the CC&R's which was a separate issue from the rezoning
issue; provided additional information regarding the discussions between the HOA and the
applicant; while noting that it would be the applicant's preference to move forward with the
HOA's support, relayed the HOA had had ample time to address its queries during the public
comment period of the environmental process; and advised that full disclosure would be
provided with a new property owner.
Commissioner Guerriero advised that it would be more prudent for the Planning Commission to
make a recommendation after receiving all the associated information including the documents
the HOA would be submitting regarding environmental concerns.
')
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29
MOTION: Commissioner Guerriero moved to continue this item to the November 20, 2002
meeting. The motion was seconded by Commissioner Mathewson. (Ultimately this motion
passed; see below.)
Commissioner Telesio relayed that the issues of concern presented at this hearing would be
more appropriately addressed during review of a future development plan, and not during the
request for rezoning due to the lack of a nexus.
Director of Planning Ubnoske relayed that staff was unaware of outstanding CEQA issues,
having first heard these concerns at tonight's hearing; and advised that it would be appropriate
to continue this item in order to obtain the information from Mr. Markham and for staff to analyze
this issue.
Assistant City Attorney Curley provided additional information regarding the benefit of the
Planning Commission obtaining additional information regarding the potential environmental
impacts.
Chairman Chiniaeff commented on the types of conditions which could be placed in the
development plan for this parcel when presented, recommending that this item be moved
forward to the City Council.
In response, Commissioner Guerriero reiterated his desire for the Planning Commission to have
all of the information prior to making a recommendation to the City Council.
At this time voice vote was taken reflecting approval of the motion with the exception of
Chairman Chiniaeff and Commissioner Telesio who voted n._~o.
For Mr. McNeff, Director of Planning Ubnoske relayed that at the November 20~h hearing the
applicant did not need to provide additional information, but that the Planning Commission was
interested in obtaining and reviewing additional information regarding the assertion that there
would be an increase in traffic.
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3O
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Project Title
Lead Agency Name and Address
Contact Person and Phone Number
Project Location
Project Sponsor's Name and Address
General Plan Designation
Zoning
Description of Project
Surrounding Land Uses and Setting
Valley Christian Fellowship
(Planning Application 02-0260)
City of Temecula
P.O. Box 9033 Temecula, CA 92589-9033
Emery J. Papp, Associate Planner (909) 694-6400
Southwest corner of De Portola and Margarita Roads
Pastor Mike McNeff, Valley Christian Fellowship
45627 Clubhouse Drive, Temecula, CA 92589-9033
Existinq: Very Low Density Residential (VL)
Proposed: Professional Office (PO)
Ex!stin.q: Very Low Density Residential (VL)
Proposed: Professional Office (PO)
A proposal to change the General Plan and Zoning designations
from Very Low Density Residential to Professional Office on a 2.75-
acre pamel located at the southwest corner of De Portola and
Margarita Roads in the City of Temecula.
North: Very Low Density Residential (VL)
South: Professional Office (PO)
East: Neiqhborhood Commercial (NC)
West: Very Low Density Residential (VL)
Other public agencies whose approval None
is required
Vicinity Map
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32
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use Planning
Population and Housing
Geologic Problems '
Water
A!r Quality
Transporta!ion/Circulation
Biol.ogical R.esources
Energy and Mineral Resources
Determination
On the basis of this initial evaluation:
Hazards
Noise
Public Services
Utilities and Service Systems
Aesthetics
Cbltural Resources
Re(~reation
Mandatory Findings of Significance
None
I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE
DECLARATION will be p[epared
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required
proposed project MAY have a significant effect(s) on the environment, but at least one
effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,
and 2) has been addressed by mitigation measures based on the earlier analysis as described on
attached sheets, if the effect is a 'potentially significant impact" or "potentially significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects
that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
ect.
Signature Date
Printed Name for
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33
1. LAND USE AND PLANNING. Would the proposal:
1 .a. Conflict with general plan ~,
designation or zoning? (1,3)
1 .b. Conflict with applicable
environmental plans or policies ,/
adopted by agencies with
jurisdiction over the project? (1,2)
1 .c. Be incompatible with existing land ,/
use in the vicinity? (1.)
1.d. Affect agricultural resources or
operations (e.g. impacts to soils or ,/
farmlands, or impacts from
incompatible land uses)? (2)
1.e. Disrupt or divide the physical
arrangement of an established /
community (including Iow-income
or minority community)? (1)
Comments
1 .all This project will involve no construction. The land will remain vacant and the proposed
land use change is compatible with existing adjacent land uses. At the time a
development application is applied for and approved, the identification of mitigation
measures will be possibl~.
2. POPULATION AND HOUSING. Would the proposal:
2.a. Cumulatively exceed official
regional or local population ,/
projects? (1,2)
2;b. Induce substantial growth in an
area either directly or indirectly
(e.g. through project in an ~'
undeveloped area or extension of
major infrastructure)? (1,2)
2.c. Displace existing housihg,
especially affordable housing? ~'
(1,2,3)
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34
Comments
2.all This project will not create a demand for additional housing or cause an increase in
population. This project will not significantly replace or reduce opportunities for
affordable housing. The existing zoning would allow only one residence to be
constructed on the parcel.
3, GEOLOGIC PROBLEMS. Would the proposal result In or
Expose people to potential impacts involving?
3.a. Fault rupture? (1,2)
3.b. Seismic ground shaking? (1,2)
3.c. Seismic ground failure, including
liquefaction? (1~2)
3.d. Seiche~ tsunami, or volcanic
hazard? (1,2)
3.e. Landslides or mudflows? ( 1,2)
3.f. Erosionl changes in topography or
unstable soil conditions form
excavation~ grading or fill? (1,2)
3.g. Subsidence of the land? ( ! ,2)
3.h. Expansive soils? (2)
.3;i. Unique geologic or'physical
features? (2)
. Comments
3.all The proposal to change the General Plan and Zoning designations from Very Low
Density Residential to Professional Office could potentially expose more people to risk
than the existing VL designation. However, the applicant does not currently propose to
develop the site, therefore, no persons will be exposed to geologic problems as a result
of the change.
4. WATER. Would the proposal result in:
4.a. !Changes in absorption rates,
drainage patterns, or the rate and
mount of surface runoff?
4.b. Exposure of people or property to
water related hazards such as
flooding? (2)
4.c. Discharge into surface waters or
other alteration of surface water
quality (e.g. temperature,
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35
dissolved oxygen or turbidity)?
Changes in the amount of surface
water in any water body?
Changes in currents, or the
course or direction of water
Movements?
Change in the quantity of ground
waters, either through direct
additions or withdrawals, or
through interception of an aquifer
by cuts or excavations or through
substantial loss of groundwater
Altered direction or rate of flow of
roundwater?
iroundwater ~
Substantial reduction in the
amount of groundwater.
Otherwise available for public
Comments
4.all The parcel will remain vacant and undisturbed. Groundwater and surface runoff will not
be affected by the !and use change. No impacts are anticipated.
5. AIR QUALITY. Would the proposal:
Violate any air quality standard or
contribute to an existing or
projected air quali_ty violation?
Expose sensitive receptors to
pollutants? (2)
Alter air movement, moisture or
temperature, or cause any change
in climate? (2)
Create objectionable odors? (2)
Comments
5.all The applicant does not currently propose to develop the site and, therefore, the change
of land use will haye no immediate impacts on air quality.
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36
6. TRANSPORTATION/CIRCULATION, Would the proposal result in:
6.a. Increase vehicle trips or traffic
congestion? (2,3)
6.b. Hazards to safety from design
features (e.g. sharp curves or
dangerous intersections or
incompatible uses)? (2)
6.c. Inadequate ~mergency access or
access to nearby uses?
6.d. Insufficientparking capacity on-
site or off-site? (3)
6.e. 'Hazards or barriers for ,/
pedestrians or bicyclists?
6.f. Conflicts with adopted policies
supporting alternative
transportation (e.g. bus turnouts,
bicycle racks)?
6.g. Rail, waterborne or air traffic
impacts?
Comments:
6.a The land use change has the potential to create additional vehicle trips in the future as
the site develops. Using the General Plan Traffic Study (Table 2 - Land Use Trip
Generation Factors), staff has determined that the overall number of vehicle trips that
will potentially be generated by this site could increase from 10 trips (using Low Density
Residential) up to 600 trips (using Commemial Office) per day. Trip counts taken at the
intersection of DePortola and Margarita Roads in July/August 2001 indicate the
following number of daily trip counts:
Margarita Road northbound at Highway 79 South: 20,339
Margarita Road southbound at Jedediah Smith: 15,000
DePortola Road eastbound at Margarita Road: 1,574
DePortola Road westbound at Margarita Road: 4,452
The Level-of-Service at this intersection would remain LOS-A with the addition of 600
daily vehicle trips on any segment of either road. Staff has determined the additional
vehicle trips would be a less than significant impact. When a future development
application is received and processed, the intensity of the use will be determined and, if
necessary, mitigation measures will be implemented.
6.b- The appiican{ does not currently propose development of the site and, therefore this
g. project will not cause an increase in vehicle trips or impact the amount of existing
parking.
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37
7. BIOLOGICAL RESOURCES: Would the proposal result in impacts to:
7.a. Endangered, threatened or rare
species or their habitats
(including but not limited to plants,
fish, insects, animals
and birds)?
7.b. Locally designated species (e.g.
herite:ge trees)? (1,2)
7.c. Locally designated natural
communities (e.g. oak forest,
Coastal habitat~ etc.)?
7.d. Wetland habitat (e.g. marsh, ,,,
riparian and vernal pool)?
7.e. Wildlife dispemal or migration
corridors?
Comments;
7.all The project site is within an area of the city that is urbanized. There are no known
sensitive species or habitat in the vicinity. Furthermore, the applicant does not currently
pmP0se to develop the site and, therefore, no impacts to biological resources are
anticipated.
8. ENERGY AND MINERAL RESOURCES. Would the proposal:
8.a. Conflict with adopted energy
conservation plans? (1)
8.b. Use non-renewal resources in a
wasteful and inefficient manner?.
i(1,2)
8.C. Result in the loss of availability of
a known mineral resource that
would be of future value to the ,/
region and the residents of the
State? (1,2)
Comments:
8.all I This p~'oject will not consume energy or non-renewable resources.
9. HAZARDS. Would the proposal involve:
9.a. A risk of accidental explosion or
release of hazardous substances
(including, but not limited to: oilp
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38
· ,. , : ~, ,¥'~.,,~?~,~.~..~:. ~.,...,~]~.
(1,2)
9.b.Possible interference with an
emergency response plan or
emergency evacuatiOn plan?
9.c.The creation of any health hazard
or potential health hazard?
9.d.Exposure of people to existing
sources of potential health
hazards?
9.e.Increase fire ha~rd in areas with
flammable brush, grass, or trees?
(1)
Comments:
9.all The subject site is at the corner of a busy inters~tion. Changing the land use from VL
to PO will have the futura potential for increased vehicle tdps and, therefore, the
increased probabili~ of a vehicular accident fronting the site. However, this proposal
only involves changes in zoning and general plan designations. The land will remain
vaunt under this proposal and, therefore, there will be no additional exposure to
hazards resulting from this proj~t.
10. NOISE. Would the proposal result in:
10.a. Increase in existing noise levels?
10.b; Exposure of people to'severe
noise levels?
Comments:
10.all ~ This proje~ will not contribute to existing noise levels. Ambient noise levels in the
I
vicini~ of the project site are ~thin acceptable levels.
11. PUBLIC SERVICES: Would the proposal have an effect
upon, or result in a n~d for new or altered government
Semites in any of the following areas:
11.a. Fire protection?
1 ~.b. Police protection?
11.c. Schools?
11.d. Maintenance of public facilities,
inciudin~ roads?
11.e. Other governmental se~ices?
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39
Comments:
11 .all I This project will not have an impact on any public services.
12. UTILITIES AND SERVICES SYSTEMS: Would the proposal
Result in a need for new systems or supplies, or substantial
Alterations to the following utilities:
12.a. Power or natural gas? ,/
12.b. Communications systems? ,/
12.c,' Local or regional water treatment
or distribution facilities?
12.d, Sewer or septic tanks?
12.e. Storm water drainage?
12.f. Solid waste disposal?
12.g. Local or regional water supplies?
Comments:
12.all I This project will not have an impact on any utilities or service systems.
13. AESTHETICS, Would the proposal:
13.a. Affect a scenic vista or scenic
highway? (1,2)
13.b. Have a demonstrable negative v'
aesthetic affect?
13.c. Create light or glare?
Comments:
13.all This project will have no negative impact on scenic vistas or visual corridom. Future
development of the site will impact views in this area,
14, CULTURAL RESOURCES. Would the proposal:
14.a. Disturb paleontological
resources? (1,2)
14.b. Disturb archaeological resources?
(t ,2)
14,c. Affect historical resources? (1)
14.d. Have tl~e potential to cause a
physical change which would
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4O
affect unique ethnic cultural
values? (1)
14.e. Restrict existing religious or
sacred uses within the potential
impact area? (1)
Comments:
14.all There will be no excavation or grading activity associated with this project that could
uncover paleontological, cultural or historical resources. No resources will be disturbed
or changed as a result of this project.
15. RECREATION. Would the proposal:
15.a. Increase the demand for
neighborhood or regional parks or
other recreational facilities? (1,2)
t5.b. Affect existing recreational
opportunities?
Comments:
15.all I This project will create not impact opportunities for recreation.
16, MANDATORY FINDINGS OF SIGNIFICANCE,
16.a. Does the project have the
potential to degrade the quality of
the environment, substantially
reduce the habitat of a fish or
wildlife species, cause a fish or
Wildlife population to drop below
self-sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of
the major periods of California
history or prehistory?
16.b. Does the project have the
potential to achieve short-term, to
the disadvantage of long-term,
environmental goals?
16.c. Does the project have impacts
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41
that ara individually limited, but
cumulatively considerable?
('Cumulatively considerable"
means that the incremental
effects of a project are
considerable when viewed in
connection with the effects of past
projects, the effects of other
current projects, and the effects of
probable future projects).
16.d. Does the project have
environmental effects which will
cause substantial adverse effects v'
on human beings, either directly
or indirectly?
Comments: This project will have no impacts on the immediate surrounding area, or to the City
as a whole. Futura development of the site may have some impact on the surrounding araa, but
those potential impacts will be discussed or mitigated as those applications are raceived.
EARLIER ANALYSES.
SOURCES
City of Temecula General Plan.
City of Temecula General plan Final Environmental Impact Report.
City of Temecula Development Code and Official Zoning Map
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42
CITY OF TEMECULA
N
CASE NO. - PA02-0549
EXHIBIT - A - VICINITY MAP
PLANNING COMMISSION DATE - November 20, 2002
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44
CrFYOFTEMECULA
C-en_plan_cltyl .shp
Gen_plan_cityl.shp~ HR ~ M ~ . PO
O BP (~ HTC ~ NC O SC
(~ CC G L ~ OS O Vt.
CASE NO. - PA02-0549
EXHIBIT - B - GENERAL PLAN MAP
PLANNING COMMISSION DATE - November 20, 2002
N
S
200 400 600 Feet
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45
CITY OF TEMECULA
Zoning.shp
Zoning.shp ~ . ~ LM ~ PI
2OO 0
20O 4O0
60O Feet
CASE NO. - PA02-0549
EXHIBIT - C - ZONING MAP
PLANNING COMMISSION DATE - November 20, 2002
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46
ATFACHMENT NO. 3
INFORMATION PACKET FROM LOS RANCHITOS HOA
R:\G P A~002\02-0260 Valley Christian Fellowship~Agenda Report CC 01-14-03.doc
7
Los Ranchitos Homeowners Association
P.O. Box 471
Temecula, CA 92563
November 20, 2002
Dennis Chiniaeff, Chairman
City of Temecula Planning Commission
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92593-9033
Subject:
Los Ranchitos Homeowners Association
PA 02-0260
11/20/02
Dear Dennis,
The Los Ranchitos Homeowners Association (LRHOA) spoke with the church representative at
the conclusion of the 8-21-02 heating and reiterated that we would provide conditional support
of the CC&R amendment and would send out a ballot within a week if the church concurred.
I finally heard from Pastor Neff on 10-21-02, with a letter of 10-24-02 (see attached) and a
further follow up letter on 11-15-02 (see attached), which misstated the LRHOA conditions.
Our position remains the same. No access to De Portola Road and an 8' wall along De Portola
and the west property line!
The access restriction can be addressed by the applicant dedicating the abutters rights of access
to the City of Temeod~, by separate instrument, to be processed by Council before the Council
action on the General Plan Amendment (GPA) and Change of Zone (CZ). This same provision
can be included in the CC&R amendment.
The security for the wall could be provided by the cash payme, nt proposed to the LRHOA of
$15,000.00, to be paid upon approval of the GPA and CZ to be held in trust until the CCSR
balloting is completed.
We had not responded, hoping that the church would come fonvard to creatively resolve the
situation - they have not!
I will address the staff comments:
Land Use Comuatibilitv:
The LRHOA conditions will address this issue with the retention of the parcel within the
LRHOA and architectural control of the ultimate development.
Trafllc Anabsis:
The traffic analysis provides only a comparison to build out numbers and assuminu buildout
improvements constructed. If you will note the existin~ traffic exceeds the bulldout projection
without the increase of 590 trips (De Portola west of Margarita).
Also, the intersection was recently improved along with only a short portion of De Portola being
widened to 64'. The road then narrows to existing condition. The roadway in the existing
condition does not meet Collector status (i.e., 44' of pavement).
There are several other areas of concern including increased impacts from acoustic sources,
water quality, air quality, health hazards, utilities, and aesthetics.
These all combine to present a potentially si/niflcant impact unless mitigation is specified to
address the impacts now and not deferred!
I would like to address several issues from the 8-21-02 meeting namely;,
(1) Staff states:
The chan~e is consistent with the Mnrsarita Land Uses.
LRIIOA response:
Agreed, then limit this parcels* access to be the same as the Margarita Land Uses, i.e., no access
to De Portola.
Staff states:
A survey was sent to the LRHOA.
LRHOA response:
The survey was only sent to selected residents and included the provision for a cash payment to
LRI-IOA, thus skewing the results.
(3) Staff states:
Professional Office (PO) least intrusive (offices are quiet uses)
LRltOA response:
There are several other uses that are far more intrusive! (see attached)
(4) ~,taff~tates:
PO is more desirable adjacent to major arterial
LRHOA response:
Agreed - with access to Margarita only.
(~ Staff states:
Non-residential land use would insulate existing residential uses fi.om traffic/noise.
LRHOA response:
Assumes this insulation is from Margarita Road, that may be true but the impacts from the actual
use may be far greater.
(6) Staff states:
That Floor Area Ratio (FAR) is the most significant change and then cites a one or two floor
building while 75' is allowed in PO or approximately 5 to 6 floors with a 35' setback.
Noise Element:
(7) Staff states:
0.59 acres unusable for residential (i.e., first 57')
LRHOA response:
Remainder could be built, as have both parcels at intersection ofPio Pico & Margarita in last 12
months. One house is at same relative elevation.
Land Use Element:
(8) Staff states:
3.3~ "incorporate buffers" 3.32 "protect single family residential".
LRHOA response:
Neither has been accomplished, need to add open space buffer along north and west property
lines.
Community Desien Element:
(9) Staff States:
LRHOA, these have been ignored in total, the time to provide mitigation is now not in the
future.
Additionally, it was brought to the LRHOA Board on 11-18-02 that all properties east of Pio
Pico and south of Margarita had received and/or accepted offers from the same real estate broker
that represented the hospital in order to gain access to De Portola.
This is exactly the scenario that I proposed was the fear of LRHOA at the g-21-02, i.e., growth
inducing impact.
I would propose several potential course of actions should the Commission choose to move
forward;
B.
Request the applicant b6ng forward a Planned Development Overlay with this GPA to
address the General Plan buffeting issues, with design standards.
Defer the application be brought forward as a part of the Citywide General Plan Update.
Defer the application be brought forward with a Development Plan and a Parcel Map
ond/or dedication of abutters rights of access, with LRHOA concurrence.
Defer the application to be brought forward with a comprehensive Development Plan for
any proposed hospital usage on the existing hospital ownership.
Any of these applications shah be accurately and truly assessed for current and future
environmental impacts with adequate mitigation measures and broad based community input
along the lines of the effort put forward by Rancho Community Church.
If you should have any questions or require further clarification on any of these issues, please
feel ~ee to call me.
S'mcerely,
President
Los Ranchitos Homeowners Association
Valley Christian Fellowship
P.O. Box 891556
Temecula, CA 92589
(909) 676-2550
Fax: (909) 695-2937
vcf@temecula.eom
Mike McNeff: Pastor-
RECEIVED
~T ~ 8 ~1~
MDMG, iNC.
Oct. 24, 2002
MDMG
41635 Enterprise Cir.
Temecula, CA 92590
Dear Mr. Markham,
I wanted to thank you for the time you spent on the phone with Guy Romero, the
chairman of our property committee, on Tuesday Oct. 22. We appreciate your time and
are hoping to resolve the issues concerning our property.
Thanks Again,
Sincerely,
November 13, 2002
Los Ranchitos HOA
C/O Larry Markham
MDMG, Inc.
41635 Enterprise Circle N.
Temecula, CA 92590
RECEIVED
NOV 15 2002
MOMG, INC.
Dear Larry:
As you are aware, Valley Christian Fellowship is the current owner of the 2.75 acre
parcel #959-050-007 on the Sou~west comer of Margarita and De Portola.
On October 21, 2002 we hada telephone conversation regarding our application for a
zone change to Professional Office. You suggested specific conditions that you would
present to the Board and encourage their support of the rezoning efforts. These are
essentially the same items originally suggested to us when we opened escrow March 26,
2001 at EBR Escrow #5312-01 with Craig Pena and Firas Naber (Van Avery Schools) to
purchase the 2.75 acres.
After three meetings betWeen the seller, buyer, and HOA, a £mal list of conditions was
presented to the buyer. This'list outlined expanded conditions under which the HOA
board would support the efforts of the seller and buyer for rezoning and development of
the 2.75 acres (attached). The single land use resfficfion and no access from De Portola
would have placed unreasonable restrictions on the land development, thereby causing
the buyer to cancel escrow in late June, 2001.
We do not currently have the land in escrow and without a bdyer to define their needs it
is not prudent for us to attach any conditions of development on the property at this time.
We do however, support your current suggestion of right-in-fight-out access on Be
Portola and a reasonable buffer between any development and those properties
within the ltOA affected by any such development.
We sincerely hope that you will understand our current position and will support the
rezoning to Professional Office. Thank you in advance for your cooperation.
Mike McNeff
Property Committee · .. Pastor
Cc: . l~mery,P, app,'Ci~ ~fTem~cula '"'~"~.' '~:: '
iJenm ~ al n, t-jannm~'" ' 's ~'hin ;e~;~' ~ ' g Commission -
NOV. 13.~I~O~ 4:15PI4 CDM GROUP Il'lC.
Imm 21, 2001
do Nan~ Austin
ColdwdlBank~
41730 W'md~r~ Road, its 1'
T~m~cula. CA 92590
The I. ll.HOABoard oflY~'S ~'"
01, received the prope~ owu,wa: ~
APN # 959-050-007
2. Ow~z I
3. Land uses shell be ~
4.
ofl~ sezvi~s to
LRHOA
LRHLOA Board m ...v. bets
SOUTHWEST LAND BRO~EI~AGE (~.,~..'. /f-'? '~ ?
A DIVI$ON OF THE'I952 CORPERATION
................................................
Phone (909) 295-8324 Fax (909) 461-1230
31415DePo~olaRcod
TemeeulnCalifomin, 92592
My mine is Dan Wnlsh and l'ra a real estate ngent working in Temec.ln One of my
clients has expres~d inmmst in you property on De Portola and ll~kl~d Ii~ to SHl~l~il an
offer to pm'clmse. These are viable buyers and as you will ~ee in the offer ll~y will pay
all cash with li~e or no coi~s-~g~mcy. If you coold please review th~ enclosed pm~.hase
offer and contact me at yom' earliest convenience I wouk~, appreciate it t will be happy to
assist yo~ any way I can, I look ~urward to your call.
I~PV~/caw
I'd ¥S89-g0~-60~ snu~Poo.~N a;I-~e~43 dSt,:~O ~0 6~- ~oO
To:
City of Temecula
Planning Commission
City Council
8/20/2002
Re: Change of zoning at Margarita and DePortola
To Whom It May Concern:
It is our understanding that your body is considering a proposal to change
the zoning of the property located at the SW Corner of Margarita and
DePortola from Residential to Commercial. As residents of Temecula and
members of the Los Ranchitos Homeowner's Association, we strongly
oppose this change.
When the current owners purchased this property, they were well aware of
the existing zoning, as well as the restrictions placed upon the property by
the Los Ranchitos CC&R's. Despite this, as a good faith effort, the
Association Board has offered to support creative solutions that would
accommodate both the current owner's desired use of the property as well
as preserve the integrity of our community. The owners however have
chosen to ignore 'these facts and go directly to the Commission and the
Council to impose their desires on the rest of the community.
One of their arguments is that Margarita is ill-suited for residential use.
This contention is easily refuted by the existence of beautiful homes just
up the street in the Santiago Estates and Santiago Ranchos communities.
We strongly urge you not to support this requested change and to ask the
current owners to work within the established framework of the community
they chose to join.
Than~
From: Neal and Julia Ziff
43801 Coronado Dr.
Temecula CA 92592
(909) 676 - 5690
8/2012002
To:
City of Temecula
Planning Commission
City Council
Re: Change of zoning at Margarita and DePortola
To Whom It May Concern:
It is our understanding that your body is considering a proposal to change
the zoning of the property located at the SW Corner of Margarita and
DePortola from Residential to Commercial. As residentS of Temecula and
members of the Los Ranchitos Homeowner's Association, we stronglY
oppose this change.
When the current owners purchased this property, they were well aware of
the existing zoning, as well as the restrictions placed upon the property by
the Los Ranchitos CC&R's. Despite this, as a good faith effort, the
Association Board has offered to support creative solutions that would
accommodate both the current owner's desired use of the property as well
as preserve the integrity of our community. The owners however have
chosen to ignore these factS and go directly to the Commission and the
Council to impose their desires on the rest of the community.
One of their arguments is that Margarita is ill-suited for residential use.
This contention is easily refuted by the existence of beautiful homes just
up the street in the Santiago Estates and Santiago Ranchos communities.
We strongly urge you not to support this requested change and to ask the
current owners to work within the established framework of the community
they chose to join.
Thank you,
Neal and Ju, lYa Ziff
Tp:
City of Temecula
Planning Commission
City Council
8~20~2002
Re: Change of zoning at Margarita and DePortola
To Whom It May Concern:
It is our understanding that your body is considering a proposal to change
the zoning of the property located at the SW Corner of Margarita and
DePortola from Residential to Commercial. As residents of Temecula and
members of the Los Ranchitos Homeowner's Association, we strongly
oppose this change.
When the current owners purchased this property, they were well aware of
the existing zoning, as well as the restrictions placed upon the property by
the Los Ranchitos CC&R's. Despite this, as a good faith effort, the
Association Board has offered to support creative solutions that would
accommodate both the current owner's desired use of the property as well
as preserve the integrity of our community. The owners however have
chosen to ignore 'these facts and go directly to the Commission and the
Council to impose their desires on the rest of the community.
One of their arguments is that Margarita is ill-suited for residential use.
This contention is easily refuted by the existence of beautiful homes just
up the street in the Santiago Estates and Santiago Ranchos communities.
We strongly urge you not to support this requested change and to ask the
current owners to work within the established framework of the community
they chose to join.
Thank you,
To:
City of Temecula
Planning Commission
City Council
8/20/2002
/.-k,-,',~( (_..,, ,....&
Re: Change of zoning at Margarita and DePortola
To Whom It May Concern:
It is our understanding that your body is considering a proposal to change
the zoning of the property located at the SW Corner of Margarita and
DePortola from Residential to Commercial. As residents of Temecula and
members of the los Ranchitos Homeowner's Association, we strongly
oppose this change.
When the current owners purchased this property, they were well aware of
the existing zoning, as well as the restrictions placed upon the property by
the Los Ranchitos CC&R's. Despite this, as a good faith effort, the
Association Board has offered to support creative solutions that would
accommodate both the current owner's desired use of the property as well
as preserve the integrity of our community. The owners however have
chosen to ignore 'these facts and go directly to the Commission and the
Council to impose their desires on the rest of the community.
One of their arguments is that Margarita is ill-suited for residential use.
This contention is easily refuted by the existence of beautiful homes just
up the street in the Santiago Estates and Santiago Ranchos communities.
We strongly urge you not to support this requested change and to ask the
current owners to work within the established framework of the community
they chose to join.
Thankyou,
From:
To:
City of Temecula
Planning Commission
City Council
8120/2002
Re: Change of zoning at Margarita and DePortola
To Whom It May Concern:
It is our understanding that your body is considering a proposal to change
the zoning of the property located at the SW Corner of Margarita and
DePortola from Residential to Commercial. As residents of Temecula and
members of the Los Ranchitos Homeowner's Association, we strongly
oppose this change.
When the current owners purchased this property, they were well aware of
the existing zoning, as well as the restrictions placed upon the property by
the Los Ranchitos CC&R's. Despite this, as a good faith effort, the
Association Board has offered to support creative solutions that would
accommodate both the current owner's desired use of the property as well
as preserve the integrity of our community. The owners however have
chosen to ignore these facts and go directly to the Commission and the
Council to impose their desires on the rest of the community.
One of their arguments is that Margarita is ill-suited for residential use.
This contention is easily refuted by the existence of beautiful homes just
up the street in the Santiago Estates and Santiago Ranchos communities.
We strongly urge you not to support this requested change and to ask the
current owners to work within the established framework of the community
they chose to join.
Thank you,
From:
DAVID M. LEAC~
29232 YNEZ RD.
Tr=I~ULA, CA 92592-2329
8/20/2002
To:
City of Temecula
Planning Commission
City Council
Re: Change of zoning at Margarita and DePortola
To Whom It May Concern:
It is our understanding that your body is considering a proposal to change
the zoning of the property located at the SW Corner of Margarita and
DePortola from Residential to Commercial. As residents of Temecula and
members of the Los Ranchitos Homeowner's Association, we strongly
oppose this change.
When the current owners purchased this property, they were well aware of
the existing zoning, as well as the restrictions placed upon the property by
the Los Ranchitos CC&R's. Despite this, as a good faith effort, the
Association Board has offered to support creative solutions that would
accommodate both the current owner's desired use of the property as well
as preserve the integrity of our community. The owners however have
chosen to ignore 'these facts and go directly to the Commission and the
Council to impose their desires on the rest of the community.
One of their arguments is that Margarita is ill-suited for residential use.
This contention is easily refuted by the existence of beautiful homes just
up the street in the Santiago Estates and Santiago Ranchos communities.
We strongly urge you not to support this requested change and to ask the
current owners to work within the established framework of the community
they chose to join.
Thank you,
ATTACHMENT NO. 4
SUPPORT LETTER FROM ADJACENT RESIDENTIAL OWNER
R:\G P A~002\02-0260 Valley Chdsfian Fellowship~Agenda Report CC 01-14-03.doc
8
Aug. 14, 2002
To the City of Temecula Planning Commission,
I/We are in support of the efforts of Valley Christ/an Fellowship to have the property on the
Southwest comer of Margarita and DePortala (AP # 959-050-007) rezoned from Low Density
Residential to Professional Office.
Sincerely,
Signature
Name(s) Printed
Address
ITEM 16
APPROVAL
CITYATTORNEY
DIRECTOROFFINANCE~
CITY MANAGER
CITY OFTEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Council/City Manager ~ql, ~
John Meyer, Housing and Redevelopment Directo
January 14, 2003
SUBJECT: Corporation of Better Housing Senior Housing Project - Tax Exempt Fiscal
Responsibility Act (TEFRA) Public Hearing Notice
RECOMMENDATION: That the City Council:
1. Continue this public hearing to the City Council meeting of January 28, 2003.
BACKGROUND: Because of procedural issues identified by Bond Counsel, this item has been
renoticed and will be considered by the City Council at its January 28, 2003, meeting.
FISCAL IMPACT: None.
Agenda Reports\Building Codes 1
ITEM 17
APPROVAL ,=,, ? ~ ~/'-)
CITY ATTORNEY
DIRECTOR OF F~AN~I~_~.._
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Manager/City Council
usan W. Jones, City Clerk/Director of Support Services
January 14, 2003
SUBJECT: Selection of City Council Committee Assignments
PREPARED BY: Cheryl Domenoe, Administrative Secretary
RECOMMENDATION:
Appoint a member of the City Council to serve as liaison to each of the City Commissions
and Committees and to the Pechanga Tribal Council:
Commission Liaison (One Member)
Community Services Commission
Old Town Local Review Board
Old Town Redevelopment Advisory Committee
Planning Commission
Public/Traffic Safety Commission
Pechanga Tribal Council Liaison
Appoint two members of the City Council to serve on each of the following Advisory
Committees:
Advisory Committees (Two Members)
Community Service Funding Ad Hoc Committee
Economic Development/Old Town Steering Committee
Finance Committee
Joint City Council/TVUSD Committee
Library Task Force
Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory Committee
Public Works/Facilities Committee
Agenda Reports/Committee Assignments 2003 1
3. Appoint member(s) of the City Council to serve on each of the following external committees:
Representative Assiqnments (External Organizations)
City of Murrieta Liaison
County General Plan Update Committee - RCIP (attend meetings)
French Valley Airport Committee
League of Calif. Congress - 2003 Voting Dotegates
Multi-Species Habitat Conservation Plan Committee (attend meetings)
Murrieta Creek Advisory Board
National League of Cities Annual Congress - 2003 Voting Delegate
Riverside County Habitat Conservation Agency
Riverside County Transportation Commission
Riverside Transit Agency Representative
Temecula Sister City Corporation Board of Directors
Trails Master Plan Development Committee
WRCOG Representative
Appoint member(s) of the City Council to serve on each of the following Council
Subcommittees:
Council Subcommittees
Animal Shelter Subcommittee
Children's Museum Ad Hoc Subcommittee
Electrical Needs Ad Hoc Subcommittee
Homeless Programs & Services Subcommittee
Rancho Community Church Subcommittee
Roripaugh Ranch Annexation Ad Hoc Subcommittee
SAF-T NET Subcommittee
Sports Park Ad Hoc Subcommittee
Temecula/Murrieta Subcommittee
Wall of Honor Ad Hoc Subcommittee
Water Park Subcommittee
Villages of Old Town Ad Hoc Committee
BACKGROUND: The City Council has established the policy of appointing one of its members
to serve as liaison to each of the City commissions and committees. This policy also included
appointing councilmembers to serve as the Council's representatives to external organizations and
on a number of Council ad-hoc sub-committees. These members will serve through Calendar Year
2003. Attached for your convenience is a list of the Committee Assignments for 2002.
ATTACHMENTS: 2002 Committee Assignments List
Agenda Reports/Committee Assignments 2003 2
TEMECULA C!TY COUNCIL
2002 Committee Assiqnments
Revised 8/14/02 from meeting of 8/13/02
Commission Liaison (One Member)
Community Services Commission
Old Town Local Review Board
Old Town Redevelopment Advisory Committee
Planning Commission
Public/Traffic Safety Commission
Pechanga Tribal Council Liaison
Stone
Pratt
Roberts
Naggar
Roberts
Comerchero, Roberts
Advisory Committees (Two Members)
Community Service Funding Ad Hoc Committee
Economic Development/Old Town Steering Committee *
Finance Committee *
Joint City Council/TVUSD Committee *
Library Task Force
Old Town Temecula Community Theater Ad Hoc Committee/Theater
Advisory Committee
Public Works/Facilities Committee *
* These meetings must be noticed at least 72 hours in advance.
Naggar, Stone
Roberts, Comerchero
Naggar, Stone
Naggar, Roberts
Roberts, Stone
Comerchero, Pratt
Roberts, Stone
Representative Assiqnments (External Organizations)
City of Murrieta Liaison
County General Plan Update Committee - RCIP (attepd meetings)
French Valley Airport Committee
League of Calif Congress - Voting Delegates
Multi-Species Habitat Conservation Plan Committee (attend meetings)
Murrieta Creek Advisory Board
National League of Cities Annual Congress - 2001 Voting Delegate
Riverside County Habitat Conservation Agency
Riverside County Transportation Commission
Riverside Transit Agency Representative
Temecula Sister City Corporation Board of Directors
Trails Master Plan Development Committee
WRCOG Representative
Council Subcommittees
Animal Shelter Subcommittee
Children's Museum Ad Hoc Subcommittee
Electrical Needs Ad Hoc Subcommittee
Homeless Programs & Services Subcommittee
Rancho Community Church Subcommittee (Naggar alternate)
Rodpaugh Ranch Annexation Ad Hoc Subcommittee
SAF-T NET Subcommittee (also Connerton)
Spods Park Ad Hoc Subcommittee
TemeculaJMurrieta Subcommittee
Wall of Honor Ad Hoc Subcommittee
Water Park Subcommittee
Villages of Old Town Ad HOC Committee
Roberts, Stone
Comerchero
Naggar, Pratt
Roberts, (Alternate Stone)
Naggar
Pratt, (Alternate Stone)
Roberts, (Alternate Stone)
Naggar
Roberts, (Alternate Comerchero)
Comerchero, (Alternate Pratt)
Roberts
Naggar, Stone
Comerchero, (Alternate Roberts)
Naggar, Roberts
Comerchero, Roberts
Comerchero, Naggar
Naggar, Pratt
Roberts, (Alternate Naggar)
Roberts, Comerchero
Stone
Stone, Comerchero
Roberts, Comerchero
Stone, Comerchero
Naggar, Comerchero
Naggar, Roberts
Lists\City Council Committee Assignments for 2002
ITEM 18
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OFTEMECULA
AGENDA REPORT
City Manager/City Council
A~"~William G. Hughes, Director of Public Works/City Engineer
January 14, 2003
Consideration of Adoption of Resolution of Necessity for the Acquisition in
Eminent Domain of Property for Street Improvements and for Temporary
Construction Easements in Connection with the Diaz Road Realignment
Project, Project No. PW95-27. APN 921-040-028 - Morter Property
RECOMMENDATION:
That the City Council:
Open and conduct a hearing on the adoption of the proposed Resolution of Necessity,
receive from staffthe evidence stated and referred to in this Report, take testimony from any
person wishing to be heard on issues A, B, C and D below, and consider all the evidence to
determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths
vote.
If the City Council finds, based upon the evidence contained in and referred to in this Report,
the testimony and comments received in this hearing, that the evidence warrants the
necessary findings with respect to the proposed Resolution of Necessity, then the staff
recommends that the City Council, in the exercise of its discretion, adopt proposed
Resolution No. 2003- (which requires a 4/5ths vote of the entire Council) and authorize
that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject
Property Interest") in the real property consisting of a fee simple as well as a temporary
construction easement interest in a portion of the real property commonly known as
Assessor's Parcel No. 921-040-028 and more fully described in the attached Exhibits.
Specifically, the legal description of the acquisition of the fee simple interest sought to be
acquired on portions of the real property identified as Assessor's Parcel Number 921-040-
028 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal
description of the acquisition of the temporary construction easement interest is attached as
Exhibit "A-I" and depicted on map attached as Exhibits "B-I" and "C".
I
R:agdrptL2003\011403/PW95-27.Reso_Morter
3. Adopt a resolution entitled:
RESOLUTION NO. 2003-
A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD
REALIGNMENT PROJECT
As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside
County in the amount of $129,190.00 for deposit in court to obtain an order of possession of
the Jerry R. Morter and Linda C. Morter property interests.
5. Authorize the City Manager to execute all necessary documents.
BACKGROUN D: The Diaz Road Realignment project consists of the realignment of Diaz Road
to the intersection of Rancho California Road at Vincent Moraga Drive. Improvements will include
approximately 4200 feet of four-lane roadway, with traffic signals at the new intersection as well as
at Diaz Road and Rancho Way.
The purpose of the Project is to improve the area circulation west of Murrieta Creek and to alleviate
peak hour congestion at Rancho California Road west of Jefferson Avenue. Relocation of the signal
to Vincent Moraga Drive is necessary to achieve sufficient stacking room west of the signalized
intersection at Old Town Front Street during PM peak hours and to allow for more efficient use of the
intersections west of Old Town Front Street. In addition, the proposed signal at Vincent Moraga
Drive is needed as part of the Phase I for the Western Bypass and for anticipated future
development in the Old Town area and the County.
The Subject Property Interest is sought for a public purpose, namely to obtain additional right-of-way
along Diaz Road north of Rancho California Road necessary to accommodate the new road
alignment, and all purposes necessary and convenient thereto pursuant to Government Code
Sections 37350, 37350.5, 37351,37353, 40401 and 40404 and California Code of Civil Procedure
Sections 1240.010 through 1250.050 and 1240.110, 1240.120, 1240.150, 1240.160, 1250.510,
1240.610, 1240.650, and other provisions of law.
The Subject Property Interest is located in the City of Temecula, County of Riverside, California.
This Subject Property Interest is a portion of the real property commonly known as Assessor's
Parcel No. 921-040-028, and more fully described in the attached Exhibits. Specifically, the legal
description of the acquisition of the fee simple interest sought to be acquired on portions of the real
property identified as Assessor's Parcel Number 921-040-028 is attached as Exhibit "A" and
depicted on the map attached as Exhibit "B". The legal description of the acquisition of the
temporary construction easement interest is attached as Exhibit "A-I" and depicted on maps
attached as Exhibits "B-I" and "C".
2
R:agd~t~2003\011403/PW95-27.Reso_Morter
The potential environmental impacts of the Project have been studied and analyzed bythe City. On
November 12, 2002, the City of Temecula approved a Negative Declaration regarding the
construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof
(Negative Declaration EA-68).
Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal
of the Subject Property Interest, set just compensation in accordance with the appraised fair market
value and extended a written offer letter to the record title owner of the subject property, Jerry R.
Morter and Linda C. Morter, on November 25, 2002. A true and correct copy of the offer letter is on
file with the City. To date however, no negotiated purchase has been consummated, and the
schedule for the proposed Project requires that the City Council consider the proposed Resolution of
Necessity at this time.
To adopt the proposed Resolution of Necessity, the City Council must find and determine that:
A. The public interest and necessity require the project;
B. The project is planned or located in the manner that will be compatible with the
greatest public good and least private injury;
C. The Subject Property Interest described in the Resolution of Necessity is necessary
for the Project;
D. The fair market value offer required by Section 7267.2 of the Government Code has
been made to the owner of record of the property sought to be acquired.
This hearing relates to Issues A, B, C and D above.
A. The Public Interest and Necessity Require the Project
Due to increased traffic volumes, the current location of the signalized intersection at Diaz Road and
Rancho California Road no longer allows sufficient stacking room distance west of Old Town Front
Street. The close proximity of the two intersections inhibits adequate traffic access to Rancho
California Road from Diaz Road resulting in excessive congestion at the current intersection during
PM peak hours. As a result, the City is proposing to relocate the current Diaz Road intersection to
Vincent Moraga Drive located west of the current Diaz Road location to increase traffic stacking
room and to allow signalized access to Rancho California Road at Vincent Moraga Drive.
The Project is Planned or Located in the Manner that will be Compatible with the
Greatest Public Good and Least Private Injury
The Project has been planned and located to alleviate the growing traffic congestion west of
Murrieta Creek along Rancho California Road and to improve access to Rancho California Road
(and the freeway) for the business park properties located west of the Creek including the subject
property. The proposed signal at Vincent Moraga Drive is also necessary to accommodate future
traffic generated by the Phase I of the Western Bypass and for anticipated development in the Old
Town area and the County.
3
R:agdrpt~2003\011403/PW95-27.Reso_Morter
The City's design has configured the realigned roadway to minimize the impact on the subject
property while at the same time achieving a new roadway configuration that meets design speed
requirements for a Major Highway classification (Diaz Road).
The Subject Property Interests Described in the Resolution of Necessity are
necessary for the Project
The proposed acquisition of the subject property interests described in the Resolution is necessary
for the Project as planned and designed. These interests include acquisitions in fee simple for the
right-of-way and temporary construction easements. Although the majority of the new right-of-way
required by the project is located within City-owned property, additional property for right-of-way is
required for constructing roadway curves necessary to connect the existing Diaz Road to the new
intersection.
D=
The Offer Required by Section 7267.2 of the Government Code has been made to the
Owner of Record of the Property Sought to be Acquired
Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal
of the Subject Property Interest, set just compensation in accordance with the appraised fair market
value, and extended a written offer letter to Jerry R. Morter and Linda C. Mot[er, the owner of record
of the Subject Property Interests on November 25, 2002. A true and correct copy of the offer letter is
on file with the City. The owner of record has not formally responded to the City's offer. To date, no
negotiated purchase has been consummated and the schedule for the proposed project requires
that the City Council consider the proposed Resolution of Necessity at this time.
Adoption of the Resolution of Necessity requires at least a four/fifths (4~5) vote of the City Council.
FISCAL IMPACT: The right-of-way acquisition for the Diaz Road Realignment Project is funded
by Capital Project Reserves, Measure A Funds and Developer Impact Fees. Adequate funds are
available in Account No. 210-165-632-5804 for the deposit amount of $129,190.000.
ATTACHMENTS:
2.
3.
4.
Resolution No. 2003-
Exhibits "A" and "B"- Right-of-Way
Exhibits "A-I", and "B-'I" - Temporary Construction Easements
Exhibits "C" - TCE Construction Area
4
R:agdrpt~2003\011403/PW95-27.Reso_Morter
RESOLUTION NO. 2003-
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE DIAZ ROAD
REALIGNMENT PROJECT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City of Temecula is a municipal corporation in the County of
Riverside, State of California.
Section 2. The property interests described generally in Section 3 of this Resolution
and more particularly described in Exhibits A, B, ^-1 and B-1 of this Resolution ("Subject Property
Interests"), are to be taken for a public use, namely for the Diaz Road Realignment Project,
construction of said project, and all purposes necessary or convenient thereto, pursuant to the
authority conferred on the City of Temecula by eminent domain by California Constitution Article I
Section 19, and California Government Code Sections 37350, 37350.5, 40401,40403 and 40404
and California Code of Civil Procedure Sections 1240.010 through 1240.050; and 1240.110,
1240.120, 1240.150, 1240.160, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of
law.
Section 3. The Subject Property Interests sought to be taken are located in the City
of Temecuta, County of Riverside, State of California, and are portions of a larger parcel identified
by Assessors Parcel Number 921-040-028. The Subject Property Interests sought to be taken are
more particularly described in Exhibits A, B, A-l, and B-1 to this Resolution, which are incorporated
by this reference.
Section 4. The City Council of the City of Temecula finds and determines that:
A. The acquisition of the Subject Property Interests is required for the Diaz Road
Realignment Project ("the Project"). A general description of the Project is set forth in the Agenda
Report dated January 14, 2003.
B. The potential impacts of the acquisition of the Subject Property Interests were
analyzed in connection with the analysis of the construction of the Diaz Road Realignment Project.
On November 12, 2002, the City of Temecula approved a Negative Declaration regarding the
construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof
(Negative Declaration EA-68).
Section 5. The City Council of the City of Temecula hereby finds and determines
that:
A. The public interest and necessity require the proposed project;
B. The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
5
R:agdrptL2003\011403/PW95-27.Reso_Mormr
C. The property interests described in Exhibits A, B, A-l, and B-1 are necessary
for the proposed project; and
D. The offer required by Section 7267.2 of the Government Code has made to
the owners of record.
Section 6. The findings and declarations contained in this Resolution are based on
the record before the City Council on January 14, 2003 when it adopted this Resolution, including
the Agenda Report dated January 14, 2003, all documents incorporated in the Agenda Report, the
testimony at the hearing, the records and documents prepared in connection with the Project, the
testimony and evidence presented at hearings related to the Project, and the public records of the
City pertaining to the Project, all of which are incorporated in this Resolution by this reference.
Section 7. The City of Temecula hereby authorizes and directs Richards, Watson &
Gershon, as City Attorney, to take all steps necessary to commence an action in a court of
competent jurisdiction to acquire by eminent domain the property interests described in this
Resolution.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
this 14th day of January, 2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 2003-__ was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 14th day of January, 2003, by the following vote:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSTAIN: 0 COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
R:agd~tX2003\011403/PW95-27.Reso_Morter
EXHIBIT
LEGAL DESCRIPTION
FOR RIGHT-OF-WAY DEDICATION
DIAZ ROAD
BEING A PORTION OF BLOCK 2 OF THE PAUBA LAND AND WATER COMPAN~S SUBDMSION OF THE
TEMECULA RANCHO IN THE CITY OF TEMECUI.A, COUNTY OF RIVERSIDE, STATE OF CAUFORN[A, AS
SHOWN BY MAP ON FILE IN BOOK 11, PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY,
CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580, AS SHOWN ON A
MAP FILED IN BOOK 154 AT PAGES 92 THROUGH 96, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,
~SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD;,
THENCE SOUTH 47°01'03' WEST, 134.57 FEET ALONG THE NORTH UNE OF SAID PARCEL 1 TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 800.00 FEET, A
RADIAL UNE THROUGH SAID POINT BEARS SOUTH 76°19~9" FAST;
THENCE 'NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°06'51 ', AN ARC LENGTH
OF 448.40 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-VVAY OF DIAZ ROAD, A RADIAL ENE
THROUGH SAID POINT BEARS NORTH 71°33'39' EAST;
THENCE SOUTH 18°26'21- EAST, 369.39 FEET ALONG SAID WESTERLY RIGHT-OF-WAY OF DIAZ ROAD TO
THE POINT OF BEGINNING.
CONTAINING 13,363.433 SQUARE FEET OR 0.307 ACRES MORE OR LESS.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED 'EXHIBIT B' AND THEREBY BEING MADE A
PART HEREOF.
PREPARED UNDER MY SUPERVISION:
BRIAN D~ O~
PROFESSIONAL I.AND SURVEYOR NO, 7171
EXPIRES 12-31-~'003
Page I c~ 1
Apd116. 2002
BY: R. Pisa
CK'D BY: B. Fox
f-C:IM'/Docume~ts~egaN:)iaz Roa~
SCALE IN FEET
1" = 200' \
43200 BUSINESS PARK DR.
TEMECUI.A, CA 92590
(909) 694-6411
JOHN &: MARILYN HAMPTON
2352 CAS~TAS DEL SOL
~*AI ~ ~ROOK, CA 92028
760) 451-0421
EXHIBIT "B"
LECEND
AREA=O.~07 ACRES.
UO~ OR LESS
/
/APN 921-O40-028
'tX, PAUBA LAND &: WA'IER
CO. SUB, U.EL 11/507
PREPARED BY:
151 Sout~ Girord Street · Hemet. Ca 92544 (909) 652-445
FAX (909) 766-8942 E-MAIL kbcozod.com
EXHIBIT "A-I"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
DIAZ ROAD
BEING A PORTION OF BLOCK 2 OF THE PAUBA LAND AND WATER .
COMPANY'S SUBDIVISION OF THE TEMECULA RANCHO IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FI] .E IN BOOK 11, PAGE 507 OF MAPS, RECORDS OF SAN DIEGO
COUNTY, CAI.lgORNIA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL
MAP 19580, AS SHOWN ON A MAP FII.F.D 1N BOOK 154 AT PAGES 92
THROUGH 96, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT
BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD;
THENCE SOUTH 47°01 '03" WEST, 134.57 FEET ALONG THE NORTH LINE OF
SAID PARCEL 1 TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
TO THE WEST, HAVING A RADIUS OF 800.00 FEET, A RADIAL LINE THROUGH
SAID POINT BEARS NORTH 76019'29'' WEST, SAID POINT BEING THE TRUE
POINT OF BEGINNING;
THENCE NORTH 76019'29'' WEST, 40.25 FEET ALONG SAID RADIAL LINE TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING
A RADIUS OF 760 FEET, THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 17°20'59'', AN ARC LENGTH OF 225.74
FEET. THENCE ALONG A RADIAL LINE BEARING NORTH 86019'32'' EAST,
40.00 FEET TO A POINT ON SAID CURVE HAVING A RADIUS OF 800.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE HAVING A RADIUS OF 800.00
FEET THROUGH A CENTRAL ANGLE OF 17020'59TM, AN ARC 1 .ENGTH OF
242.25' FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 9,359.67 SQUARE FEET OR .215 ACRES MORE OR LESS.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B-I"
AND THEREBY BEING MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION:
RONALD J. PARKS
DEPUTY DIRECTOR OF PUBLIC WORKS
REGISTERED CIVIL ENGINEER NO. 19744
EXPIRES 9-30-05
EXHIBIT "B 1"
LINE TABLE
NO. DIRECTION DISTANCE
L1IN1~1972:', E 40.00'
L2 IS 76'1929 E 40.25'
CURVE TABLE
INO.I DELTA I I~OIUS l u~
JERRY R. MORTER AND
UNDA C. MORTER
CiTY OF TEMECULA
4-$200 BUSINESS PARK DR.
TEMECUI.A, CA 92590
(909) 694--6411
SCALE IN FEET
1" = 200'
/ APN 921-040-028
/
~,..~ POR110N BLOCK 2
PAU~A LAND &
CO. SUB. M.B. 11/507
~%¥'- x
.P,
LECEND
-- POKqlON BEING D[SCRIBED
AREA = 9~9.67 Sq~ FEET
OR .215 ~, MORE OR LESS
-P.O.B.
CITY OF TEMECULA
EXHIBIT FOR:
TEMPORARY CONSTRUCTION EASEMENT
2807,5 DIAZ ROAD
0
0
ILl
i (~n0~vs) nv
ON¥ IN3~-~ NI
ITEM 19
APPROVAl
ClTYATTORNEY
DIRECTOR OF FINANCE_~_.~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City ManagedCity Council
t~/~William G. Hughes, Director of Public Works/City Engineer
January 14, 2003
Consideration of Adoption of Resolution of Necessity for the Acquisition in
Eminent Domain of Property for Street Improvements and for Temporary
Construction Easements in Connection with the Diaz Road Realignment
Project, Project No. PW95-27. APN 921-020-039 - Massie Property
RECOMMENDATION:
That the City Council:
Open and conduct a hearing on the adoption of the proposed Resolution of Necessity,
receive from staff the evidence stated and referred to in this Report, take testimony from any
person wishing to be heard on issues A, B, C and D below, and consider all the evidence to
determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths
vote.
If the City Council finds, based upon the evidence contained in and referred to in this Report,
the testimony and comments received in this hearing, that the evidence warrants the
necessary findings with respect to the proposed Resolution of Necessity, then the staff
recommends that the City Council, in the exemise of its discretion, adopt proposed
Resolution No. 2003- (which requires a 4/5ths vote of the entire Council) and authorize
that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject
Property Interest") in the real property consisting of a fee simple as well as a temporary
construction easement interest in a portion of the real property commonly known as
Assessor's Parcel No. 921-020-039 and more fully described in the attached Exhibits.
Specifically, the legal description of the acquisition of the fee simple interest sought to be
acquired on portions of the real property identified as Assessor's Parcel Number 921-020-
039 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal
description of the acquisition of the temporary construction easement interest is attached as
Exhibit "A-I" and depicted on maps attached as Exhibits "B-I", "C-1" and "C-2".
R:agdrpt~2003\011403~PW95-27.Reso_Massie
3. Adopt a resolution entitled:
RESOLUTION NO. 2003-
A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD
REALIGNMENT PROJECT
As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside
County in the amount of $5,397.00 for deposit in court to obtain an order of possession of
the Wilma M. Massie property interests.
5. Authorize the City Manager to execute all necessary documents.
BACKGROUND: The Diaz Road Realignment project consists of the realignment of Diaz Road
to the intersection of Rancho California Road at Vincent Moraga Drive. Improvements will include
approximately 4200 feet of four-lane roadway, with traffic signals at the new intersection as well as
at Diaz Road and Rancho Way.
The purpose of the Project is to improve the area circulation west of Murrieta Creek and to alleviate
peak hour congestion at Rancho California Road west of Jefferson Avenue. Relocation of the signal
to Vincent Moraga Drive is necessary to achieve sufficient stacking room west of the signalized
intersection at Old Town Front Street during PM peak hours and to allow for more efficient use of the
intersections west of Old Town Front Street. In addition, the proposed signal at Vincent Moraga
Drive is needed as part of the Phase I for the Western Bypass and for anticipated future
development in the Old Town area and the County.
The Subject Property Interest is sought for a public purpose, namelyto obtain additional right-of-way
at the northwest comer of Rancho California Road and Business Park Drive necessary to
accommodate the new road alignment, and all purposes necessary and convenient thereto pursuant
to Government Code Sections 37350, 37350.5, 37351, 37353, 40401 and 40404 and California
Code of Civil Procedure Sections 1240.010 through 1250.050 and 1240.110, 1240.120, 1240.150,
1240.160, 1250.510, 1240.610, 1240.650, and other provisions of law.
The Subject Property Interest is located in the City of Temecula, County of Riverside, California.
This Subject Property Interest is a portion of the real property commonly known as Assessor's
Parcel No. 921-020-039, and more fully described in the attached Exhibits. Specifically, the legal
description of the acquisition of the fee simple interest sought to be acquired on portions of the real
property identified as Assessor's Parcel Number 921-020-039 is attached as Exhibit "A" and
depicted on the map attached as Exhibit "B". The legal description of the acquisition of the
temporary construction easement interest is attached as Exhibit '%-1" and depicted on maps
attached as Exhibits "B-I", "C-1" and "C-2".
The potential environmental impacts of the Project have been studied and analyzed bythe City. On
November 12, 2002, the City of Temecula approved a Negative Declaration regarding the
construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof
(Negative Declaration EA-68).
2
B.:agdrpt~2003\0 ] ] 403~PW95-27.Rcso_Massi¢
Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal
of the Subject Property Interest, set just compensation in accordance with the appraised fair market
value and extended a written offer letter to the record title owner of the subject property, Wilma M.
Massie, on November 25, 2002. A true and correct copy of the offer letter is on file with the City. To
date however, no negotiated pumhase has been consummated, and the schedule for the proposed
Project requires that the City Council consider the proposed Resolution of Necessity at this time.
To adopt the proposed Resolution of Necessity, the City Council must find and determine that:
A. The public interest and necessity require the project;
B. The project is planned or located in the manner that will be compatible with the
greatest public good and least private injury;
C. The Subject Property Interest described in the Resolution of Necessity is necessary
for the Project;
D. The fair market value offer required by Section 7267.2 of the Government Code has
been made to the owner of record of the property sought to be acquired.
This hearing relates to Issues A, B, C and D above.
A. The Public Interest and Necessity Require the Project
Due to increased traffic volumes, the current location of the signalized intersection at Diaz Road and
Rancho California Road no longer allows sufficient stacking room distance west of Old Town Front
Street. The close proximity of the two intersections inhibits adequate traffic access to Rancho
California Road from Diaz Road resulting in excessive congestion at the current intersection during
PM peak hours. As a result, the City is proposing to relocate the current Diaz Road intersection to
Vincent Moraga Drive located west of the current Diaz Road location to increase traffic stacking
room and to allow signalized access to Rancho California Road at Vincent Moraga Drive.
The Project is Planned or Located in the Manner that will be Compatible with the
Greatest Public Good and Least Private Injury
The Project has been planned and located to alleviate the growing traffic congestion west of
Murrieta Creek along Rancho California Road and to improve access to Rancho California Road
(and the freeway) for the business park properties located west of the Creek including the subject
property. The proposed signal at Vincent Moraga Drive is also necessary to accommodate future
treffic genereted by the Phase I of the Western Bypass and for anticipated development in the Old
Town area and the County.
The City's design has configured the realigned roadway to minimize the impact on the subject
property while at the same time achieving a new roadway configuration that meets design speed
requirements for a Major Highway classification (Diaz Road).
3
R:agdrpt~2003\0 ] 1403~PW95-27.Rcso_Massie
The Subject Property Interests Described in the Resolution of Necessity are
necessary for the Project
The proposed acquisition of the subject property interests described in the Resolution is necessary
for the Project as planned and designed. These interests include acquisitions in fee simple for the
right-of-way and temporary construction easements. Although the majority of the new right-of-way
required by the project is located within City-owned property, additional property for right-of-way is
required for constructing roadway curves necessary to connect the existing Diaz Road to the new
intersection.
The Offer Required by Section 7267.2 of the Government Code has been made to the
Owner of Record of the Property Sought to be Acquired
Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal
of the Subject Property Interest, set just compensation in accordance with the appraised fair market
value, and extended a written offer letter to Wilma M. Massie, the owner of record of the Subject
Prepedy Interests on November 25, 2002. A true and correct copy of the offer letter is on file with
the City. The owner of record has not formally responded to the City's offer. To date, no negotiated
purchase has been consummated and the schedule for the proposed project requires that the City
Council consider the proposed Resolution of Necessity at this time.
Adoption of the Resolution of Necessity requires at least a four/fifths (4~5) vote of the City Council.
FISCAL IMPACT: The right-of-way acquisition for the Diaz Road Realignment Project is funded
by Capital Project Reserves, Measure A Funds and Developer Impact Fees. Adequate funds are
available in Account No. 210-165-632-5804 for the deposit amount of $5,397.00.
ATTACHMENTS:
2.
3.
4.
Resolution No. 2003-
Exhibits "A" and "B" - Right-of-Way
Exhibits "A-I", and "B-I" - Temporary Construction Easements
Exhibits "C-1" and "C-2" - TCE Construction Areas
4
R:agdrpt~2003\011403~PW95-27.Reso_Massie
RESOLUTION NO. 2003-
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE DIAZ ROAD
REALIGNMENT PROJECT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City of Temecula is a municipal corporation in the County of
Riverside, State of California.
Section 2. The property interests described generally in Section 3 of this Resolution
and more particularly described in Exhibits A, B, A-1 and B-1 of this Resolution ("Subject Property
Interests"), are to be taken for a public use, namely for the Diaz Road Realignment Project,
construction of said project, and all purposes necessary or convenient thereto, pursuant to the
authority conferred on the City of Temecula by eminent domain by California Constitution Article I
Section 19, and California Government Code Sections 37350, 37350.5, 40401,40403 and 40404
and California Code of Civil Procedure Sections 1240.010 through 1240.050; and 1240.110,
1240.120, 1240.150, 1240.160, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of
law.
Section 3. The Subject Property Interests sought to be taken are located in the City
of Temecula, County of Riverside, State of California, and are portions of a larger parcel identified
by Assessors Parcel Number 921-020-039. The Subject Property Interests sought to be taken are
more particularly described in Exhibits A, B, A-l, and B-1 to this Resolution, which are incorporated
by this reference.
Section 4. The City Council of the City of Temecula finds and determines that:
A. The acquisition of the Subject Property Interests is required for the Diaz Road
Realignment Project ("the Project"). A general description of the Project is set forth in the Agenda
Report dated January 14, 2003.
B. The potential impacts of the acquisition of the Subject Property Interests were
analyzed in connection with the analysis of the construction of the Diaz Road Realignment Project.
On November 12, 2002, the City of Temecula approved a Negative Declaration regarding the
construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof
(Negative Declaration EA-68).
Section 5. The City Council of the City of Temecula hereby finds and determines
that:
A. The public interest and necessity require the proposed project;
B. The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
5
R:agdrpt~2003\011403~PW95-27.Reso_Massie
C. The property interests described in Exhibits A, B, A-l, and B-1 are necessary
for the proposed project; and
D. The offer required by Section 7267.2 of the Government Code has made to
the owners of record.
Section 6. The findings and declarations contained in this Resolution are based on
the record before the City Council on January 14, 2003 when it adopted this Resolution, including
the Agenda Report dated January 14, 2003, all documents incorporated in the Agenda Report, the
testimony at the hearing, the records and documents prepared in connection with the Project, the
testimony and evidence presented at hearings related to the Project, and the public records of the
City pertaining to the Project, all of which are incorporated in this Resolution by this reference.
Section 7. The City of Temecula hereby authorizes and directs Richards, Watson &
Gershon, as City Attorney, to take all steps necessary to commence an action in a court of
competent jurisdiction to acquire by eminent domain the property interests described in this
Resolution.
PASSED, APPROVED, AND ADOPTED, bythe City Council of the City of Temecula
this 14th day of January, 2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 2003-__ was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 14th day of January, 2003, by the following vote:
AYES: 0
NOES: 0
ABSTAIN: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
R:agdrptX2003\0l 1403~PW95-27.Reso_Massie
EXHIBIT
LEGAL DESCRIPTION
FOR RIGHT-OF-WAY DEDICATION
THAT PORTION OF PARCEL 1 OF PARCEL MAP 19580-1, AS SHOWN ON A PARCEL MAP ON FILE IN BOOK
125 AT PAGES 1 THROUGH 6 INCLUSIVELY OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNI~ BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE CENTERUNE INTERSECTION OF RANCHO CALIFORNIA ROAD AND BUSINESS PARK
DRIVE AS SHOWN ON SAID MAP, SAID POINT BEING MARKED BY A 1 Yz4NCH BRASS DISK STAMPED LS.
3103, FLUSH, PER SAID MAP;
THENCE NORTH 06°56'07' WEST, 67.00 FEET ALONG THE CENTERLINE OF BUSINESS PARK DRIVE TO
~THE BEGINNING OF A TANGENT CURVE IN THE CENTER OF BUSINESS PARK DRIVE;
THENCE SOUTH 83°03'03- WEST, 39.00 FEET TO THE NORTHERLY CORNER-CUTBACK CORNER AS
SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 39°1~01' WEST, 3324 FEET ALONG SAID CORNER CUT-BACK TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD;,
THENCE SOUTH 83°03'53' WEST, 8.99 FEET ALONG THE NORTHERLY RIGHT- OF- WAY OF RANCHO
OAUFORNIA ROAD;,
THENCE LEAVING &ND RIGHT OF WAY NORT~i 42°01'33" EAST, 32.75 FEET ~0 THE BEGINNING OFA
CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 900.00 FEET, A RADIAL UNE THROUGH SAID POINT
BEARS SOUTH 87'31'33' WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°3ff23", AN ARC LENGTH
OF 55.08 FEET TO A POINT ON THE WE~/P. RLY RIGHT OF WAY OF BUSINESS PARK DRIVE, SAiD POINT
ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF
611.00 FEET, A RADIAL UNE THROUGH SAID POINT BEARS NORTH 78°03'53' EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°0fi00', AN ARC LENGTH
OF 53.32 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 432.508 SQUARE FEET OR 0.010 ACRES, MORE OR LESS.
THE DESCRIFr[1ON ALSO BEING SHOWN ON THE ATTACHED 'EX~IIBIT B' AND THEREBY BEING MADE A
PART HEREOF.
PREPARED UNDER MY SUPERVISION:
BRIAN D.
PROFESSIONAL LAND SURVEYOR NO. 7171
EXPIRES 12-31-2003
Page 1 of 1
Ap~119, 2002
BY: I~ Pisa
CK'D BY: B. Fox
f~:UVly Documents~eg al~Rancho Califomi&d~c
EXHIBIT "B"
DIAGRAM
(Right of Way)
5
EXHIBIT "B"
.,~ ~ SCALE IN FEET
1' = 100'
DELTA ~ .E]I~ NO. DIREC11ON [:X~-'TN~ICI~
O.~..xO'~Y* 900.00'55.08' U S ~9*n'OP W ~1.~4~
05'eo'eo" 6u.oo' ,~3'Z L~ S 8.7~,~*W &~9*
~CO,'D ·
0.010 ACRES,
I,(Ol~: (~ LESS
45200 BUSINESS PARK DR.
TEMECULA, CA 92590
(909) 694-6411
~LMA M. MASS~E
31,.~)5 CANIERBURY COURT
I'EM£CUI_A, CA 92591
(909) 695-2485
PREPARED BY:
.su~v~YmS/~S
151 South Oirord Street HemeL C~ 92544 (909) 652-445*
FAX (909) 766-8942 E-MAIL kbcozod.com
EXHIBIT "A-I"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BUSINESS PARK DRIVE
THAT PORTION OF PARCEL 1 OF PARCEL MAP 19580-1, AS SHOWN ON
PARCEL MAP ON FII.E IN BOOK 125 AT PAGES 1 THROUGH 6 INCLUSIVELY
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
P,.i-v~RS~E COi. J-N~--I'~ CALIFORNIA, BEINO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL A
BEGINNING AT THE CENTERI JNE INTERSECTION OF RANCHO CAI JFORNIA
ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT
BEING MARKED BY A 1 'A-INCH BRASS DISK STAMPED L.S. 3163, FLUSH, PER
SAID MAP;
THENCE NORTH 06056'07'' WEST 67.00 FEET ALONG THE CENTERLINE OF
BUSINESS PARK DRIVE TO THE BEGINNING OF A TANGENT CURVE IN THE
CENTER OF BUSINESS PARK DRIVE;
THENCE SOUTH 83003'53'' WEST, 39.00 FEET TO THE NORTHERLY CORNER-
CUTBACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT
BEING ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE, SAID
POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 611.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 27'44'58", AN ARC LENGTH OF 295.92 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 54042'54'' WEST, 20.00 FEET
TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS
OF 588.94 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 10042'40'', AN ARC LENGTH 110.10 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF SINGLE OAK DRIVE, SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A
RADIUS OF 533.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00037, 17", AN ARCH LENGTH OF 5.78 FEET TO THE NORTHERLY CORNER-
CUT BACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP;
THENCE SOUTH 89046'27" EAST, 20.07 FEET ALONG SAID CORNER CUT-
BACK TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK
DRIVE;
THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY OF BUSINESS
PARK DRIVE THROUGH A CENTRAL ANGLE OF 09°18'31'', HAVING A RADIUS
OF 611.00 FEET, AN ARC LENGTH OF 99.27 FEET TO THE TRUE POINT OF
BEGINNING;
CONTAINING 1,061.69 SQUARE FEET OR .0244 ACRES MORE OR LESS.
PARCEL B
BEGINNING AT THE CENTERLINE INTERSECTION OF RANCHO CALIFORNIA
ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT
BEING MARKED BY A 1 ~-INCH BRASS DISK STAMPED L.S. 3163, FLUSH, PER
SAID MAP;
THENCE NORTH 06o56'07'' WEST 67.00 FEET ALONG THE CENTERLINE OF
BUSINESS PARK DRIVE TO THE BEGINNING OF A TANGENT CURVE IN THE
CENTER OF BUSINESS PARK DRIVE;
THENCE SOUTH 83o03'53'' WEST, 39.00 FEET TO THE NORTHERLY CORNER-
CUTBACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT
BEING ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE, SAID
POINT ALSO BEING TH]~ BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 611.00 FEET;
THENCE NORTHERLY AI.~NG SAID CRUVE THROUGH A CENTRAL ANGLE
OF 05000'00'', AN ARC LENGTH OF 53.32 FEET; TO THE BEGINNING OF A
CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 900.00 FEET, A RADIAL
LINE THROUGH SAID POINT BEARING SOUTH 87°31 '33" WEST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
03030'23" AN ARC LENGTH OF 55.08 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 42°01'33" WEST 32.75 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF RANCHO CAI JFORNIA ROAD;
THENCE SOUTH 83o03'53'' WEST, 25.00 FEET ALONG THE NORTHERLY
RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD;
THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 06o56'07'' WEST, 26.92 FEET;
THENCE NORTH 83o03'53'' EAST, 50.14 FEET TO A POINT ON SAID CURVE
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 00020'45'', AN ARC LENGTH OF 5.44 FEET TO THE TRUE POINT OF
BEGINNING;
CONTAINING 2,109.98 SQUARE FEET OR .0484 ACRES MORE OR LESS.
COMBINED AREA FOR PARCEL A AND PARCEL B: 3,171.67 SQUARE FEET.
TBE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B-I"
AND THEREBY BERqG MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION:
RONAI.D J. PARKS
DEPUTY DIRECTOR OF PUBLIC WORKS
REGISTERED CIVIL ENGINEER NO. 19744
EXPIRES 9-30-05
EXHIBIT "B 1"
SC~L~ m F~
1" = 100'
L1
PAR. "B"
-- ALIFORN/A
ROAD
UNE TABLE CURVE TABLE
NO. DIRECTION DIST~CE NO. DELTA RN)IUS I.DIGIIJ
L1 S 89'46'2T' E i20.07' Cl 00'37'17" 533.00' 5.78'
1_2 S 54'42'54" W 20.00' C2 i09'18'31" !611.00' 99.2T'
1.3 S 06'56'0T' E !26.92' C3 10'42'40" 588.94' 110.1(
L4 N 8YOY5Y' E 50.14' C4 00'20'45" ;900.00' 5.44'
1.5 N 42'01'3Y' E 132.75' C5 05'00'00" 611.00' 53.32'
L6 N 8YOY53" £ i25.00' C6 )3'09'3T' 900.00' 49.64-'
C7 22'44'58" 611.00' 242.6C
TOTAL AREA = 2lOg.g8
~ .0484 ACRES, uORE OR
fill .0214 ~ ~
I.P.O.B. P~CE/ ^
'.O.B. PARCEL B
P.O.B.
I-1/2" BRASS DISC STA~IPEO LS. 3163
FLUSH PER P.M. 125/1-6
WILklA M. MASSIE
,:31305 CANTERBURY COURT
TEMECULA, CA 92591
{:909) 695-2483
CITY OF TEMECULA
45200 BUSINESS PARK DR.
TEMECULA. CA 92590
(909) 694,-6411
CITY OF TEMECULA
EXHIBIT FOR:
TEMPORARY CONSTRUCTION EASEMENT
43445 BUSINESS PARK DRIVE
O30
O4O
~3dVl ~
1~ ,00'~
20+
SEE
ECR'