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AGENDA
TEMECULA CITY COUNCIL
AN ADJOURNED REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
DECEMBER '16, 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 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
City negot ators Nelson, Jim O'Grady, an
.~rence counsel
54956.9(a) to discuss the status of and =
Public Information concerning existing lift!
may be acqu red by reviewing the pub c documents he d
CALL TO ORDER:
Prelude Music:
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Mayor Jeff Stone
Eve Craig
Next in Order:
Ordinance: No. 2003-14
Resolution: No. 2003-176
Invocation: Pastor Todd Harvey of Sunrise Christian Fellowship
Flag Ceremony: Cub Scout Pack No. 301
ROLL CALL:
Comerchero, Naggar, Roberts, Washington, Stone
PRESENTATIONS/PROCLAMATIONS
Special RecoRnition
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
NOTICETO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2
Minutes
RECOMMENDATION:
2.1 Approve the minutes of October 28, 2003.
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2
Resolution approving 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 October 31, 2003.
Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 2003
RECOMMENDATION:
5.1 Receive and file the Comprehensive Annual Financial Statements, Auditor's Report,
and Management Discussion and Analysis (MD&A) for Fiscal Year ended June 30,
2003.
Third Amendment to a License Agreement with Temeka, Inc. for the administration,
marketing, and installation of the City's directional Kiosk Sign Program
RECOMMENDATION:
6.1
Approve a third amendment to the existing License Agreement between the City of
Temecula and Temeka, Inc. to increase the per panel charge and consideration to
the City for the administration, marketing, and installation of the City's Kiosk sign
program.
8
Consideration of Aqreement with Shute, Mihaly & Weinberger LLP for Legal Services
regardin.q Valley-Rainbow Line
RECOMMENDATION:
7.1 Approve an agreement with Shute, Mihaly & Weinberger LLP for legal services
related to continuing issues associated with the proposed Valley-Rainbow project.
Completion and Acceptance of Citywide Concrete Repairs FY2002/2003 - Project No.
PW03-03
RECOMMENDATION:
8.1 Accept the Citywide Concrete Repairs FY2002/2003 - Project No. PW03-03 as
complete;
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8.2
8.3
File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract;
Release the Materials and Labor Bond seven months after filing of the Notice of
Completion if no liens have been filed.
Purchase and Sale A,qreements for property located in Old Town
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED AT 41852 MAIN STREET (APN 922-041-008, 009
AND 010) IN THE CITY OF TEMECULA
9.2 Adopt a resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED AT 41863 MAIN STREET (APN 922-032-020) IN THE
CITY OF TEMECULA
9.3 Adopt a resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNTIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF MAIN AND
MERCEDES STREET (APN 922-032-015) IN THE CITY OF
TEMECULA
9.4 Adopt a resolution entitled:
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4
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED ON THE NORTHSlDE OF THIRD STREET, EAST OF
MERCEDES STREET (APN 922-041-014) IN THE CITY OF
TEMECULA
9.5 Adopt a resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF MERCEDES
AND SECOND STREET (APN 922-071-007) IN THE CITY OF
TEMECULA
9.6 Adopt a resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMEMCULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LCOATED AT 28674 MERCEDES STREET (APN 922-041-0tt
AND 012) AND AT 4'1871 THIRD STREET (APN 922-041-003) IN
THE CITY OF TEMECULA
9.7
Approve an appropriation from unreserved General Fund balance in an amount not
to exceed $1,683,500 for acquisition, escrow, closing costs, appraisal and soils
testing, relocation and related fees.
10 Tract Map No. 29305-1 (located north of Wolf Valley Road and east of Pechan,qa Parkway
RECOMMENDATION:
10.1 Approve the agreement to defer completion of conditions of approval until after
recordation of Final Map for Tract Map No. 29305-1;
10.2 Approve Tract Map No. 29305-1 in conformance with the conditions of approval.
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5
11 California State Library Grant Agreement
RECOMMENDATION:
11.1 Approve the agreement with the California State Library for grant funding for the
Temecula Public Library.
12 Cable Franchise Agreement Extension of Time
RECOMMENDATION
12.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA EXTENDING THE TERM OF THE CABLE
TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA
CABLE COMMUNICATIONS TO JUNE 30, 2004 TO
FACILITATE THE CITY'S NEGOTIATIONS WITH THE CABLE
OPERATOR REGARDING RENEWAL OF THAT FRANCHISE
AGREEMENT
13 Second Reading of Ordinance No. 03-12
RECOMMENDATION:
13.1 Adopt an ordinance entitled:
ORDINANCE NO. 03-12
AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA,
LEVYING A SPECIAL TAX TO FINANCE THE OPERATION,
MAINTENANCE, AND SERVICING OF PUBLIC PARKS AND
RECREATIONAL FACILITIES, RECREATIONAL AND
COMMUNITY SERVICES PROGRAMS, MEDIAN
LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC
SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE
ANNEXED TO THE CITY OF TEMECULA AS PART OF THE
REORGANIZATION DESIGNATED BY THE RIVERSIDE
COUNTY LOCAL AGENCY FORMATION COMMISSION AS
LAFCO 2003-26-03 SUBJECT TO A 'FWO-THIRDS VOTER
APPROVAL OF VOTERS WITHIN THE REDHAWK
ANNEXATION AREA
14
Second Readinq of Ordinance No. 03-13
RECOMMENDATION:
14.1 Adopt an ordinance entitled:
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6
ORDINANCE NO. 03-13
AN ORDINANCE OF THE CITY COUNCIL OF TEMECULA,
CALIFORNIA, APPROVING PLANNING APPLICATION PA02-
0522, AMENDMENT NO. 2 TO SPECIFIC PLAN NO. 263
(TEMECULA REGIONAL CENTER) AMENDING SECTION
III.C.1 TO ESTABLISH REGULATIONS RELATED TO
TEMPORARY USES FOR THE LAND AREA ENCOMPASSED
BY THE PROMENADE MALL AND SURROUNDING PARKING
LOTS INTERIOR OF THE LOOP ROAD LOCATED AT 40820
WINCHESTER ROAD
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT,
THE CITY OF TEMECULA REDEVELOPMENT AGENCY,
AND,
TEMECULA PUBLIC FINANCING AUTHORITY
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Next in Order:
Ordinance: No. CSD 2003-01
Resolution: No. CSD 2003-22
CALL TO ORDER:
President Jeff Comerchero
ROLL CALL:
DIRECTORS:
Naggar, Roberts, Stone, Washington, Comerchero
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item 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.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 25, 2003.
COMMUNITY SERVICES DISTRICT PUBLIC HEARING
Any person may submit written comments to the Temecula Community Services District
before a public hearing or may appear and may be heard in support of or in opposition to
the approval of the project(s) at the time of the hearing. If you challenge any of the
project(s) in court, you may be limited to raising only those issues you or someone else
raised at the public hearing or in written correspondence delivered to the City Clerk at, or
prior to, the public hearing.
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8
2 Vail Ranch Middle School Basketball Court Li,qhting Project
RECOMMENDATION:
2.1
Adopt the Negative Declaration with a De Minimus finding for the Vail Ranch
Middle School Basketball Court Lighting Project (EA-091).
2.2
Authorize the Mayor to sign the Certification of Exemption for HUD Funded
Projects;
2.3
Approve the Joint Use Agreement between the Temecula Valley Unified School
District (TVUSD) and the Temecula Community Services District (TCSD) for the
Vail Ranch Middle School Basketball Court Lighting Project;
2.4
Authorize the release of a formal public bid for the Vail Ranch Middle School
Basketball Court Lighting Project.
DISTRICT BUSINESS
3
Appointment of President and Vice President of the Community Services District
for Calendar Year 2004
RECOMMENDATION:
3.1 Entertain motions from the Board of Directors to appoint the President to preside
until the end of calendar year 2004;
3.2 Entertain motions from the Board of Directors to appoint the Vice President who will
assume the duties of the President in the President's absence and hold this office
until the end of calendar year 2004.
DEPARTMENTAL REPORT
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, January 13, 2004, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
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9
Next in Order:
Ordinance: No. RDA 2003-01
Resolution: No. RDA 2003-17
CALL TO ORDER: Chairperson Ron Roberts
ROLLCALL
AGENCY MEMBERS:
Comerchero,Naggar, Stone, Washington,
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.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 25, 2003.
Component Unit Financial Statements for Fiscal Year ended Jun 30, 2003
RECOMMENDATION:
2.1 Receive and file the Temecula Redevelopment Agency Component Unit
Financial Statements for Fiscal Year ended June 30, 2003.
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3
Third Amendment to the Exclusive Negotiating Agreement with ACK Group LLC
RECOMMENDATION:
3.1 Approve the third amendment to the Exclusive Negotiating Agreement between
Agency and ACK Group LLC.
4 Third Amendment to Agreement between the Redevelopment Agency of the City of
Temecula and Keyser Marston Associates, Inc. for the proposed Educational Facility
RECOMMENDATION:
4.1 Approve the third amendment to the Keyser Marston Associates, Inc. Agreement
for the Educational Facility for an additional amount of $20,000.00.
5 Conveyance of a Utility Easement to Southern California Edison
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA AUTHORIZING THE CONVEYANCE OF A
UTILITY EASEMENT OT SOUTHERN CALIFORNIA EDISON
FOR THE COMMUNITY THEATER PROJECT IN OLD TOWN
TEMECULA (APN 922-036-03t)
5.2 Authorize the City Clerk to record the easement deed.
AGENCY BUSINESS
6 Appointment of Chairperson and Vice Chairperson of the Redevelopment Agency for
Calendar Year 2004
RECOMMENDATION:
6.1 Entertain motions from the Agency Members to appoint the Chairperson to
preside until the end of calendar year 2004;
6.2 Entertain motions from the Agency Members to appoint the Vice Chairperson
who will assume the duties of the Chairperson in the Chairperson's absence and
hold this office until the end of calendar year 2004.
DEPARTMENTAL REPORT
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
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ADJOURNMENT
Next regular meeting: Tuesday, January 13, 2004, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
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12
CALL TO ORDER: Chairperson Jeff Stone
ROLL CALL AGENCY MEMBERS:
PUBLIC COMMENTS
Next in Order:
Ordinance: No. TPFA 2003-04
Resolution: No. TPFA 2003-31
Comerchero, Naggar, Roberts, Washington,
Stone
A total of 15 minutes is provided so members of the public may address the Temecula
Public Financing Authority 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.
CONSENT CALENDAR
1 Second Readin,q of Ordinance No. 03-03 (Harveston II)
RECOMMENDATION:
1.1 Adopt an ordinance entitled:
ORDINANCE NO. TPFA 03-03
AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING
AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA
PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 03-06 (HARVESTON II)
EXECUTIVE DIRECTOR'S REPORT
BOARD MEMBERS' REPORTS
ADJOURNMENT
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13
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public Hearing or
may appear and be heard in support of or in opposition to the Approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
15 Adoption of the Western Riverside County Multiple Species Habitat Conservation Plan
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING RESPONSIBLE AGENCY FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT
CONSERVATION PLAN/NATURAL COMMUNITY
CONSERVATION PLAN AND APPROVING THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN/NATURAL COMMUNITY
CONSERVATION PLAN AND IMPLEMENTING AGREEMENT,
ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS
15.2 Adopt a resolution entitled:
RESOLUTION NO. 03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE WESTERN RIVERSIDE
COUNTY MULTIPLE SPECIES HABITAT CONSERVATION
PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION
AUTHORITY IMPLEMENTING THE PLAN
15.3 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO ESTABLISH PROCEDURES AND
REQUIREMENTS FOR IMPLEMENTATION OF THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN
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14
15.4 Introduce and read by title only an ordinance entitled:
ORDINANCE NO, 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER t5.'10, MULTISPECIES
HABITAT CONSERVATION MITIGATION FEES, TO THE
TEMECULA MUNICIPAL CODE TO ESTABLISH A LOCAL
DEVELOPMENT MITIGATION FEE FOR FUNDING THE
PRESERVATION OF NATURAL ECOSYSTEMS IN
ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN
15.5 Authorize the Mayor to execute 25 copies of the MSHC Implementation Agreement.
16 Auto Mall Expansion Development A,qreement (PA03-0565)
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE NEGATIVE DECLARATION FOR
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND NORTH PLAZA, LLC REGARDING THE
AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03-
0565)
16.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY OF TEMECULA APPROVING
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND NORTH PLAZA, LLC REGARDING THE
AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03-
0565)
COUNCIL BUSINESS
17 Appointment of Mayor and Mayor Pro Tem for Calendar Year 2004
RECOMMENDATION:
17.1 Entertain motions from the City Councilmembers to appoint the Mayor to preside
until the end of calendar year 2004;
17.2 Entertain motions from the City Councilmembers to appoint the Mayor Pro Tem who
wiil assume the duties of the Mayor in the Mayor's absence and hold this office until
the end of calendar year 2004.
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15
18 Consolidation of City Council Elections in November of Even-Numbered Years
RECOMMENDATION:
18.1 Consider adoption of an ordinance to change the date for holding City Council
Elections to November of even-numbered years and if desired, read by title only and
introduce an ordinance entitled:
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REQUIRING THAT THE GENERAL MUNICIPAL
ELECTIONS OF THE CITY OF TEMECULA BE HELD ON THE
FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER
IN EACH EVEN-NUMBERED YEAR
19 Summarily vacate portion of Park Plaza Lane in Parcel Map No. 23496 (located within
Auto Mall Development at Ynez Road)
RECOMMENDATION:
19.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUMMARILY VACATING A PORTION OF PARK
PLAZA LANE IN PARCEL MAP NO. 23496
DEPARTMENTAL REPORTS
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular City Council meeting, Tuesday, January 13, 2004, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
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16
PROCLAMATIONS
AND
PRESENTATIONS
ITEM 1
ITEM 2
MINUTES OF AN ADJOURNED REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
OCTOBER 28, 2003
The City Council convened in Closed Session at 6:30 P.M. and in Open Session at 7:00 P.M.,
on Wednesday, October 22, 2003, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Present:
Councilmembers: Comerchero, Naggar, Pratt, and Stone
Absent:
Councilmember: Roberts
PRELUDE MUSIC
The prelude music was provided by Sheila Ryle.
INVOCATION
The invocation was given by Pastor Raisa Slagle of Harvester Church of Temecula.
ALLEGIANCE
The flag ceremony was presented by Councilman Comerchero.
PRESENTATION/PROCLAMATIONS
Advising that Councilman Roberts has been in Sacramento working on the Library Grant,
Assistant City Manager O'Grady, with extreme pride, announced that the City's Library Grant
application has been approved by the State Library Board in the amount of $8.5 million, noting
that the City will be matching the grant funds for a total library project amount of $14 to $15
million; that the design plans have been completed; that construction plans are nearly complete;
that once completed, the plans will be forwarded to the Office of the State Architect; that the bid
process should begin approximately May off 2004; that construction should begin approximately
August of 2004; and that the grand opening should be approximately June of 2006. In closing,
Mr. O'Grady extended his appreciation and commended all those involved with this grant
application process.
Ms. Grace Mellman, representing Friends of the Library, and Ms. Rosie Vanderhaak, Library
Manager, commended the City Council, staff, and the community for their efforts associated
with this library application; advised that the School District is in full support of this project; and
noted that the Friends have fundraised a total of $250,000 toward the library and that additional
funds will be raised. Ms. Mellman advised that the City of Murrieta as well received its Library
Grant.
Mayor Stone relayed his desire to have the Library constructed by Spring/Summer 2005.
At this time, Assistant to the City Manager Assistant to the City Manager Yates, Police Chief
Domenoe, and Fire Chief Windsor provided an update of activities/actions undertaken by the
City since the recent fires.
Having visited the shelter earlier in the day, Councilman Comerchero advised that only two
individuals were remaining; relayed his desire to take a more proactive approach in informing
R:\Minutes\102803 1
the community of potential emergency situations; and suggested the exploration of utilizing a
FM transmitter and emergency broadcast FM radio station.
Because the newly formed Citizen Corps organization is still in its infancy, Mayor Pro Tem
Naggar noted that this organization could as well be utilized, for future emergencies, to
distribute information to the community.
Presentation to School Resource Officer Dave Bailey
Thanking Officer Bailey for his coordinating efforts in alleviating traffic congestion at Temecula
Valley High School, Mayor Stone presented a Certificate of Appreciation to Mr. Bailey.
Certificate of Appreciation to Diane Robetcky
Recognizing Ms. Robetcky for her bright idea to alleviate traffic congestion at Temecula Valley High
School, Mayor Stone presented a Certificate of Appreciation to Ms. Robetcky.
Certificate of Appreciation to Scott Schaufele, Principal of Temecula Valley High School
As well thanking Principal Schaufele for his coordinating efforts in alleviating traffic congestion at
Temecula Valley High School, Mayor Stone presented at Certificate of Appreciation to Mr.
Schaufele.
Gift Giving Week Proclamation - United Wa,/and Community Health Charities
Proclaiming October 27 - October 31, 2003 as Gift Giving Week, Mayor Stone presented a
proclamation to Ms. Kari Hollis, representing United Way, and Mr. Ron Burrus, representing
Community Health Charities, who, in turn, thanked the City and its employees for its continued
support.
Certificate of Achievement to Michelle Arellano, Director of the Boys and Girls Club
Noting that without the continued support of the City Council, the Board of Directors, and the
community, Ms. Arellano relayed that she would not be receiving this appreciated Certificate.
PUBLIC COMMENTS
No comments.
CITY COUNCIL REPORTS
A. Councilman Pratt relayed his congratulation to all those who received a Certificate.
B. In light of the recent fires, Councilman Comerchero informed those in need of filing an
insurance claim to contact the State Office of the Insurance Commissioner at 1-800-927-help or
www.insurance, ca.qov.
Mr. Comerchere advised that the Blood Bank is in need of blood and thanked Fiscal
Services Manager Papagolos for his efforts in assuring meals were provided to those in the
shelter.
C. Having attended a recent TriTunnel Project presentation, Mayor Stone reiterated the
need of providing an east/west corridor to Orange County; advised that this project would be
environmentally sensitive and economically feasible and that the project would be financed
R:\Minutes\102803 2
through private entities. Mr. Stone suggested that the City Council and the Public Traffic Safety
Commission meet in a joint workshop in order to discuss this matter and a possible resolution of
support.
In response to Mayor Stone, Chairman Connerton (Public Traffic Safety Commission)
advised that the Commission had received an in-depth presentation regarding this matter.
In closing, Mayor Stone encouraged the residents of the City to vote on Tuesday,
November 4, 2003.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Resolution approving List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 03-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
3 Sixth Amendment to Aqreement for Law Enforcement Services
RECOMMENDATION:
3.1 Approve the sixth amendment to the agreement for law enforcement services
between the County of Riverside and the City of Temecula to include hiring two
additional motorcycle officers;
3.2 Approve an additional appropriation of $185,000 from General Fund undesignated
fund balance.
4 First Amendment to Agreement between City of Temecula and TremcoNVeatherproofin,q
Technologies, Inc.
RECOMMENDATION:
4.1 Approve the First Amendment with TremcoNVeatherproofing Technologies, Inc.
This amendment extends the term of the agreement and revises the scope of work
to include additional roof repairs and extra work services in the amount of $78,960.
R:'Wlinutes\102803 3
5 Parcel Map No. 31144 (located on the west side of Avenida De San Pasqual Cul-de-sac
Terminus and north of Santiago Road)
RECOMMENDATION:
5.1 Approve Parcel Map No. 31144 in conformance with the conditions of approval.
6 Tract Map No. 25004 (located northerly of Nicolas Road and east of Seraphina Road)
RECOMMENDATION
6.1 Approve Tract Map No. 25004 in conformance with the conditions of approval.
Acceptance of Certain Public Streets into the City-Maintained Street System within various
Tracts of the Chardonnay Hills Subdivision
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 03-'158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM {WITHIN
CHARDONNA¥ HILLS SUBDIVISION)
Amendment No. 1 to Professional Services Agreement - Rancho California Bridge Wideninq
Over Murrieta Creek - Project No. PW99-18
RECOMMENDATION:
8.1
Approve Amendment No. 1 to the Agreement with Kleinfelder, Inc., for geotechnical
and material testing and special inspection, in an amount not to exceed $34,845.00
for the Rancho California Bridge Widening over Murrieta Creek Project - Project No.
PW99-18;
8.2 Authorize the Mayor to execute the amendment.
Request that Governor-Elect Schwarzene,q,qer create a position of "Advisor for Municipal
Affairs"
(At the request of Councilman Comerchero,)
RECOMMENDATION:
9.1 Authorize the Mayor to sign a letter go Governor-Elect Schwarzenegger requesting
that he establish the position of "Advisor for Municipal Affairs";
9.2 Direct City Staff to request that the League of Cities endorse this request and urge
other cities to make a similar request.
R:\Minutes\102803 4
MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-9. The
motion was seconded by Mayor Pro Tern Naggar and voice vote reflected approval with the
exception of Councilman Roberts who was absent.
At 7:50 P.M., the City Council convened as the Temecula Community Services District, the
Temecula Redevelopment Agency, and the Temecula Public Financing Authority, the City
Council meeting resumed with regular business at 8:32 P.M.
PUBLIC HEARING
10 Vacation of a Roadway Easement over Murrieta Creek and adjacent to Rancho California
Road to the Riverside County Flood Control and Water Conservation District
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 03-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE VACATION OF A PORTION OF
RANCHO CALIFORNIA ROAD, IN THE CITY OF TEMECULA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS
SHOWN ON THE ATTACHED EXHIBITS A AND B
Public Works Director Public Works Director Hughes reviewed the staff report (as per agenda
material).
MOTION: Mayor Pro Tem Naggar moved to approve the staff recommendation. The motion
was seconded by Councilman Pratt and voice vote reflected approval with the exception of
Councilman Roberts who was absent.
COUNCIL BUSINESS
11 Presentation on the progress of Butterfield Stage Road Extension Beltway and the French
Valley Parkway/I-15 Overcrossin,q and Interchange Projects
RECOMMENDATION:
11.1 Receive and file report.
Public Works Director Hughes introduced Principal Engineer Attar and Principal Engineer
Butler.
By way of a PowerPoint presentation, Principal Engineer Attar provided an overview of the
French Valley Interchange, noting that this project had been previously referred to the
Date/Cherry Interchange and highlighting the following:
Goals
· Safety
· Operation of freeway and interchange
R:\Minutes\102803 5
· Improve capacity between Winchester and Interstate 15/215 split
Project Status
· Completed project study report- has been adopted by Caltrans and Federal Highway
Administration
· Working on the project report/environmental documentation
· Right-of-way acquisition is underway under the Protection Acquisition Federal
Guidelines
Estimated Proiect CostJFundinR Resources
· $63-$79 million
· Transportation Uniform Mitigation Fee
· MeasureA Bond Proceeds
· City Capital Project Reserves
· Development Impact Fees
· Harveston Community Facilities District
· Unspecified Funds - Federal Administration Highway Funds)
Schedule
· Complete the project report in 2004
· Development of construction drawing in 2006
· Construction in 2007
· Completion in 2009
In response to City Council comments, Principal Planner Attar responded as follows:
· That the benefit of this collector distributor system will assist with freeway capacity,
merging movements of the main line system, access to the local system, and add
capacity to Interstates 15/215
· That this project will be connected with Diaz Road at a future point
· That this project would as well benefit Murrieta residents traveling to and from the
French Valley area
· That the City's goal would be to provide the network of transportation roads which have
been planned in the City's General Plan to ensure buses/cars/and other modes of
transportation can affectively operative.
R:\Minutes\102803 6
At this time, by way of a PowerPoint Presentation, Principal Planner Butler presented an
overview of the implementation of the Butterfield Stage Road, noting the following:
Goals
To provide capacity for anticipated growth both within the City of Temecula and within
the outlining areas of the County
· To provide another north/south corridor in an effort to provide relief from existing
overburdened roads
Proiect Traffic Volumes
· In 2007 - 9,000 to 11,000 trips per day
· At buildout, 32,000 to 48,000 per day
Project
· A 2.5-mile arterial highway, four-lane road, raised medians, limited access (major
feeding streets)
· At Roripaugh Ranch project, conditioned to provide six lanes of traffic to mitigate
impacts
Project limits
· Extend from Rancho California Road on the south
· Connection near Chardonnay Hills Development (Chemin Clinet)
Connect La Serena
Calle Chapos will be extended and Nicolas Road
Roripaugh Ranch development will extend to Murrieta Hot Springs Road
Cost
$22.3 million
100% developer funded (Roripaugh Ranch Community Facilities District, Shea Homes
Development/Serena Hills Community Facilities District, and Transportation Mitigation
Fees)
Status
· Right-of-way for road - 90% in place
· Dedication in place- 100%
· Environmental clearance - City Council has adopted an Environmental Impact Report
(EIR) for Roripaugh Ranch in December of 2002; that EIR included Roripaugh Ranch as
well as off-site improvements such as Butterfield Stage Road
R:\Minutes\102803 7
Plans and Specifications
· Developer project
· Developer's consultants are completing the design
Schedule
· Design should be completed within a few months
· Construction schedule is developer driven - Development Agreement is in place
· Murrieta Hot Springs Road/Rancho California Road connection to be completed by mid
2005.
In response to City Council comments, Principal Planner Butler noted the following:
That the project will include six lanes from Nicolas Road up to Murrieta Hot Springs
Road; demand and traffic volumes do not necessitate the extended capacity beyond this
area; that the City's Circulation Element anticipated the need of four lanes of capacity for
Butterfield Stage Road; that the development impacts were learned with the
environmental analysis of the Roripaugh Ranch project, determining that additional lanes
would we necessary in this particular area; that the two added lanes would be properly
transitioned; that these added lanes will ensure a Level of Service D or better
· That the rights-of-way necessary to expand to six lanes have been attained; that no
rights-of-way have been attained south of Nicolas Road
· That this alternate north/south route will draw trips away from Rancho California
Road/Nicolas RoadNVinchester Road/Margarita Road.
Commenting on the additional capacity that will be provided through these projects, Councilman
Comerchero referenced the benefits and efforts undertaken to work with the developers,
through a negotiation process, to ensure mitigation of potential impacts.
There being no objection, this item was received and filed.
12 Boys and Girls Club Ground Lease Aqreement
RECOMMENDATION:
12.1 Approve the Boys and Girls Club Ground Lease Agreement in its substantial form.
Community Services Director Parker presented the staff report (of record).
On behalf of the Boys and Girls Club, Mr. Don Lewis, Murrieta, thanked the City Council for the
opportunity to expand, commenting on location as well as the Club's goals.
Mayor Stone commended Mr. Terry Gilmore on his fundraising efforts.
Apprising the public of an upcoming fundraiser OurKids Rock on November 22, 2003, Mayor
Pre Tem Naggar commended the Club on an outstanding job and offered the following motion:
R:~Minutes\102803 8
MOTION: Mayor Pro Tem Naggar moved to approve the staff recommendation. The motion
was seconded by Councilman Comerchero and voice vote reflected approval with the
exception of Councilman Roberts who was absent.
13 Cable, Video, and Telecommunications Ordinance
RECOMMENDATION:
13.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-'11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REGULATING CABLE, VIDEO, AND
TELECOMMUNICATIONS SERVICE PROVIDERS, AND
AMENDING IN ITS ENTIRETY CHAPTER 5.'12 OF TITLE 5 OF
THE TEMECULA MUNICIPAL CODE
Briefly summarizing changes made, through the City Council subcommittee/staffNerizon
representative, since the last City Council meeting, Assistant City Manager O'Grady noted that
the changes primarily deal with regulation of rights of way and that the changes met the needs
of Verizon.
At this time, Assistant City Attorney Curley introduced and read by title only Ordinance No. 03-
11.
MOTION: Mayor Pro Tern Naggar moved to approve the staff recommendation. The motion
was seconded by Councilman Comerchero and voice vote reflected approval with the
exception of Councilman Roberts who was absent.
14 Appointment to Public/Traffic Safety Commission
RECOMMENDATION:
14.1 Appoint one applicant to serve on the Public/Traffic Safety Commission for a full
three-year term through October 10, 2006.
City Clerk Jones reviewed the staff report (as per agenda material), noting that the City Council
Subcommittee has recommended to reappoint of Mr. Scott Lanier.
MOTION: Mayor Pro Tem Naggar moved to approve the reappointment of Mr. Scott Lanier to
the Public Traffic Safety Commission. The motion was seconded by Councilman Comerchero
and voice vote reflected approval with the exception of Councilman Roberts who was absent.
15 Appointment to Community Services Commission
RECOMMENDATION:
15.1 Appoint two applicants to serve full three-year terms on the Community Services
Commission through October 10, 2006.
R:\Minutes\102803 9
City Clerk Jones reviewed the staff report (as per agenda material), noting that the City Council
Subcommittee has recommended to reappoint of Mr. Tom Edwards and to appoint Ms.
Charlotte Fox.
Thanking Mr. Edwards for his years of service, Councilman Comerchero, echoed by
Councilman Pratt, commented on the difficulty, in light of the qualified applicants, of choosing a
newly appointed Commissioner, noting that Ms. Fox will be the first individual, representing the
Vail Ranch Community, to be appointed to a City Commission.
MOTION: Councilman Comerchero moved to approve the reappointment of Mr. Tom Edwards
and the appointment of Ms. Charlotte Fox. The motion was seconded by Mayor Pro Tern
Naggar and voice vote reflected approval with the exception of Councilman Roberts who was
absent.
DEPARTMENTAL REPORTS
Noadditionalcomments.
ClTY MANAGER'S REPORT
Assistant City Manager O'Grady commended Principal Engineers Attar and Butler as well
others associated with the City's ambitious Capital Improvement Program; thanked the Fire and
Police Departments for their efforts with the recent fires; and recognized and thanked the Red
Cross and the School District for its efforts associated wit the opening of the shelter, extending
special appreciation to Assistant to the City Manager Yates, Fiscal Services Manager
Papagolos, Recreation Superintendent Pelletier, and Maintenance Superintendent Harrington.
In closing, Mr. O'Grady reiterated his delight with the City receiving the Library Grant.
CITY ATTORNEY'S REPORT
Assistant City Manager Curley advised that there were no reportable actions to report under the
Brown Act.
ADJOURNMENT
At 9:38 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting
on Tuesday, November 18, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business
Park Drive, Temecula, California.
Jeffrey E. Stone, Mayor
A'i-I'EST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Minutes\102803
10
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 $3,982,850.11.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 16t~ day of December, 2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos 2003/Resos 03- 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 03-168 was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 16th day of December, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos 2003/Resos 03- 2
CITY OF TEMECULA
LIST OF DEMANDS
11/20/03 TOTAL CHECK RUN:
11/25/03 TOTAL CHECK RUN:
1~04~3 TOTALCHECK RUN:
11/20/03
TOTALPAYROLLRUN:
1~04~3
TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 12/16103 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
120
165
190
192
193
194
210
280
300
310
320
33O
340
39O
GENERAL FUND
DEVELOPMENT IMPACT FUND
RDA-LOW/MOD INCOME HOUSING
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
CAPITAL IMPROVEMENT PROJ. FUND
RDA-REDEVELOPMENT
INSURANCE
VEHICLES
INFORMATION SYSTEMS
SUPPORT SERVICES
FACiLITiES
RDA DEBT SERVICE
$ 1,541,197.90
6,401.06
10,068.27
166,135.16
174.79
64,954.38
1,328.68
1,398,514.21
12,848.29
6,010.50
20,427.05
63,218.37
12,719.23
17,300.43
3,850.00
$ 2,308,716.09
12,250.76
1,004,181.47
324,607.43
333,094.36
$ 3,982,850.11
$ 3,325,148.32
001
165
190
192
193
194
280
300
32O
330
340
GENERAL FUND
RDA-LOW/MOD INCOME HOUSING
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
RDA-REDEVELOPM ENT
iNSURANCE
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
TOTAL BY FUND:
PREPARED BY RETA WESTON. ACCOUNTING SPECIALIST
SHAWN NELSON, CITY MANAGER
463,597.12
10,821.44
107,608.67
173.68
9,792.43
1,337.37
4,823.73
2,049.16
41,114.68
5,583.08
t 0,800.43
657,701.79
$ 31982,850.11
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
apChkLst Final Check List Page: 15
12/04/2003 11:32:04AM CITY OF TEMECULA
199 checks in this report.
Grand Total All Checks:
1.004.181.47
Detail
12/04/2003
001 431,592.03
120 i 11.00
165 4,983.97
190 110,499.40
192 91.76
193 23,401.85
194 786.90
210 348,171.17
280 7,201.83
300 844.11
310 787.46
320 45,940.00
330 11,893.94
340 14,126.05
390 3,850.00
1,004,181.47
Page:15
apChkLst Final Check List Page: 1
12/04/2003 11:32:04AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
217 12/04/2003
218 12/04/2003
219 1 2/04/2003
220 12/04/2003
221 12/04/2003
222 12/04/2003
223 12/04/2003
000245 PERS (HEALTH INSUR. PREMIU
001065 NATIONWIDE RETIREMENT SO
000283 INSTATAX (IRS)
000444 INSTATAX (EDD)
000246 PERS (EMPLOYEES' RETIREME
000389 U S C M WEST (OBRA},
000642 TEMECULA CITY FLEXIBLE
Description
Blue Shield HMO Payment
Nationwide Retirement Payment
Federal Income Taxes Payment
State Disability Ins Payment
PERS ER Paid Member Contr Payme
OBRA - Project Retirement Payment
Employee contribution to flex
Amount Paid Check Total
49,827.26 49,827.26
19,588.64 19,588.64
62,810.24 62,810.24
16,174.85 16,174.85
59,538.41 59,538.41
2,226.30 2,226.30
8,162.71 8,162.71
88287 12/04/2003 003552 AFLAC
AFLAC Cancer Payment
1,470.70 1,470.70
88288 12/04/2003 004229 ACTION APPLIANCE INC
Decon Washing Machine: Stn 84
549.95 549.95
88289 12/04/2003 004240 AMERICAN FORENSIC NURSES
88290 12/04/2003 006463 AMERICAN LANDSCAPE
88291 12/04/2003 000747 AMERICAN PLANNING ASSOCl
DUI Drug & Alcohol Screening
DUI Dmg & Alcohol Screening
Oct Idscp svcs: Sport Parks
Oct Idscp svcs: N.Slopes
Oct Idscp impr: Tem Sprts Prk
Oct Idscp impr: Slopes
Oct Idscp impr: Slopes
Oct Idscp impr: Tern Sprt Prk
Oct Idscp impr: Tern Sprt Prk
Membership: Dan Long 145698
260.25
240.00 500.25
25,645.82
15,533.00
524.80
209.36
196.80
189.49
134.53 42,433.80
210.00 210.00
88292 12/04/2003 005772 AMTEK INC
Cell Phone car charger: IS
22.63 22.63
88293 12/04/2003
000101 APPLEONE, INC.
Temp help PPE 11/08 Delarm
Temp help PPE 11/08 Lee
Temp help PPE 11-15 Delarm
Temp help PPE 11/15 Wills
Temp help PPE 11/08 Wills
Ternp help PPE 11/15 Lee
Temp help PPE 11/08 Hare
624.00
520.00
499.20
457.60
457.60
416.00
207.35
3,181.75
Page:l
apChkLst Final Check List Page: 2
12/04/2003 11:32:04AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
88294 12/04/2003 002648 AUTO CLUB OF SOUTHERN CA
88295 12/04/2003 007137 AYRESHOTEL
88296 12/04/2003 002848 BADGER, THE
88297 12/04/2003
88298 12/04/2003
88299 12/04/2003
88300 12/04/2003
88301 12/04/2003
88302 12/04/2003
88303 12/04/2003
88304 12/04/2003
88305 12/04/2003
88306 12/04/2003
88307 12/04/2003
88308 12/04/2003
88309 12/04/2003
88310 12/04/2003
88311 12/04/2003
004778 BERRYMAN & HENIGAR INC
005712 BINKY PATROL
006721 BOISE CASCADE OFFICE
007134 BONNAND, LAURIE
007128 BRIERLEY, KATHLEEN
006908 C C & COMPANY INC
000154 CSMFO
000154 CSMFO
004038 CAD ZONE INC, THE
001159 CALIF DEPT OF JUSTICE
007120 CALIFORNIA CONSTRUCTION
001655 CAMERON WELDING SUPPLY
003554 CANADA LIFE ASSURANCE CO
004971 CANON FINANCIAL SERVICES,
000131 CARL WARREN & COMPANY I
Amount Paid Check Total
Membership: Ladonna Sullens 94109
Membership: Juan Jaime 56845565
Htl:Mentoring for Law Enfome:12/8-9
CDF fire prevention stickem
Oct design svcs: R.C.Rd Widening
03/04 Comm Svc Funding Award
44.00
44.00 88.00
386.40 386.40
342.20 342.20
10,093.73 10,093.73
1,500.00 1,500.00
Office Supplies: Planning
Misc office supplies: Finance
Refund: Arts/Crafts Childmns
Refund: cleaning deposit
Entertainment: Amazing Dana
438.50
61.34 499.84
5.00 5.00
100.00 100.00
112.50 112.50
Membemhip: Karin Landfried-Grance
CAFR Awd Pgm Application Fee
Site license for Crashzone software
Oct fingerprinting Srvcs: Police
Refund:Grading Depst Rycrest Dr
Welding supplies for Public Works
Mandatory Life Insurance Payment
Dec lease prat for City Copiers
Dec lease pmt for stn 73 copier
Jul-Sept Claim adjuster services
50.00 50.00
35.00 35.00
2,515.00 2,515.00
542.00 542.00
495.00 495.00
127.64 127.64
2,458.75 2,458.75
6,727.20
328.63 7,055.83
178.59 178.59
Page2
apChkLst Final Check List Page: 3
12/04/2003 11:32:04AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88312 12/04/2003 004161 CD TOONS
(Continued)
Description
Entertainment:Ho~iday Party 12/7/02
Amount Paid
650.00
17,411.61
100.00
266.66
340.00
173.50
247.52
88313 12/04/2003 002358 CERTIFIED FOLDER DISPLAY Ad in Tourism brochure
88314 12/04/2003 003047 CHAPARRAL HIGH SCHOOL Entertainment: Old Town Event 12/13
88315 12/04/2003 000137 CHEVRON U S A INC
Fuel expense for city vehicles
88316 12/04/2003 000912 CITYCLERKS ASSN OF CALIF Membership: C. Domenoe/G.FIores
88317 12/04/2003 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment
88318 12/04/2003 001193 COMP U S A INC
Misc. Computer Supplies: IS
88319 12/04/2003
88320 12/04/2003
002147 COMPLIMENTS COMPLAINTS & Entertainment:Old Twn Event 11/29
Entertainment: Old Twn Event 11/29
Entertainment:Old Twn Event 12/20
Entertainment:Old Twn Event 12/21
Entertainment:Old Twn Event 12/14
Entertainment:Old Twn Event 12/07
Entertainment:Old Twn Event 11/30
Entertainment:Old Twn Event 11/23
Entertainment: Old Twn Event 11/23
Entertainment: Old Twn Event 11/30
Entertainment:Old Twn Event 12/06
Entertainment:Old Twn Event 11/22
Entertainment:Old Twn Event 11/22
000442 COMPUTER ALERT SYSTEMS Rewire council panic button
325.00
325.00
275.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
125.00
125.00
125.00
75.00
88321 12/04/2003 007124 CORCORAN, KAREN
Refund: Electric Light Parade
20.00
90.00
2,019.87
270.00
417.72
88322 12/04/2003 003059 COSTCO WHOLESALE MEMBE Wholesale mbshp 000111667050820
88323 12/04/2003 004123 D L PHARES & ASSOCIATES Dec Lease/Maint:Police Satellite
88324 12/04/2003 004436 DANA WHARF SPORTFISHING Dept:Team building: 4/2/04
88325 12/04/2003 005766 DATA BUSINESS SYSTEMS INC Financeforms-W-2 & 1099MIS
Check Total
650.00
17,411.61
100.00
266.66
340.00
173.50
247.52
2,350.00
75.00
20.00
90.00
2,019.87
270.00
417.72
Page3
apChkLst
12/0412003 11:32:04AM
Bank: union UNION BANK OF CALIFORNIA
Check# Date
88326 12/04/2003
88327 12/04/2003
88328 12/04/2003
88329 12/04/2003
88330 12/04/2003
88331 12/04/2003
88332 12/04/2003
88333 12/0412003
88334 12/04/2003
88335 12/04/2003
88336 12/04/2003
88337 12/04/2003
88338 12/04/2003
88339 12/04/2003
88340 12/04/2003
88341 12/04/2003
Final Check List
CITY OF TEMECULA
(Continued)
Vendor Description Amount Paid
002990 DAVID TURCH & ASSOCIATES Dec Federal lobbyist svcs
003625 DAVIS, JOHN TCSD instructor eamings
000684 DIEHL EVANS & COMPANY LLP 02/03 Audit svcs: RDA
007125 DOHERTY, CYNTHIA Refund: Financially Fit Teens
004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343
001380 ESIEMPLOYMENTSERVICES TemphelpPPE11/14Heer
Temp help PPE 11/14 Rush
Temp help PPE 11/14 Jones
Temp help PPE 11/14 Cammarota
Temp help PPE 11/14 Kanigowski
Temp help PPE 11/14 Novotny
Temp help PPE 11/14 Seng
Temp help PPE 11/14 Montecino
Refund:Grading Depst Pauba Rd 3193
Mrkt absorption study: Wolf Creek
Vehicle rental for sister city
Oct plan check svcs:B&S Dpt
Museum Volunteer Brunch 11/9
Refreshments:M.Mgmt Qtrly Mtg
West Wing telephone cabling
Repair City Hall telephone equip
004464 EXXONMOBIL CARD SERVICES Fuel expense for City vehicles
007108 EGAN, TIM
003171 EMPIRE ECONOMICS LLC
005115 ENTERPRISE RENT A CAR INC
000164 ESGIL CORPORATION
006487 EUROPEAN CAFE & VINEYARD
002037 EXPANETS
000478 FAST SIGNS
000165 FEDERAL EXPRESS INC
002832 FENCE BUILDERS
Christmas Banner: TCSD
Express mail services
Express mail services
Res Imp Prgm: Sieveke, Debie
3,000.00
380.00
1,400.00
32.00
622.68
2,580.90
1,975.79
1,477.60
1,312.19
1,293.60
1,266.27
1,222.50
1,141.20
995.00
7,250.00
280.15
10,180.54
555.58
414.84
4,203.00
24.00
372.16
26.40
188.36
156.09
72.00
Page: 4
Check Total
3,000.00
380.00
1,400.00
32.00
622.68
12,270.05
995.00
7,250.00
280.15
10,180.54
970.42
4,227.00
372.16
26.40
344.45
72.00
Page~
apChkLst Final Check List Page: 6
12/04/2003 11:32:04AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
88342 12/04/2003 001511 FIELDMAN ROLAPP & ASSOClA Financial analysis:Harveston II CFD
Amount Paid
2,574.54
721.93
88343 12/04/2003
88344 12/04/2003
88345 12/04/2003
005747 FIRE SERVICE SPECIFICATION Holmatm Airbag cover: Medics
003347 FIRST BANKCARD CENTER
007028 AMERICAN AIRLINES
000596 LEAGUE OF CALIF CITIES
007129 SONY
002652 PAT & OSCARS RESTAURANT
005750 IRON WOK CHINA BISTRO
007045 GOURMET ITALIA
000747 AMERICAN PLANNING ASSOCI
Airfare: Windsor, H.
Financial Mgmt Sem:12/3-5:GR
Repair digital camera: Planning
Refreshments: Planning Comm. Mtg
Refreshments: Inten/iew Panel 2nd Ro
Refreshments: Intarveiw Panel Financ
Pub:Making Places Special
007061 BANK OF MEXICAN FOOD, THE Refreshments:Planning Comm. Mtg
004492 SIZZLER RESTAURANT Refreshments:Planning Comm Mtg
000733 PARTY PZAZZ White linen rentaE Planning
006439 FISCHER, CYNTHIA Refund: Kitchen Survival
466.50
395.00
176.00
137.24
112.78
76.57
59.95
29.70
24.53
9.50
6.00
88346 12/04/2003
88347 12/04/2003
000170 FRANKLIN QUESTCOMPANY I
007135 FRAZIER, LINDA
Day Timer supplies: Planning
Day timer supplies - Eco Devel
Refund:Breakfast with Santa
1,061.65
42.01
14.00
88348 12/04/2003 007131 FRYE, JAMIE
Refund: Kitchen Survival
6.00
88349 12/04/2003 004944 FULLCOURT PRESS
Business License Certificates
390.72
88350 12/04/2003
88351 12/04/2003
000177 GLENNIES OFFICE PRODUCTS
005947 GOLDEN STATE OVERNIGHT
Office Supplies: TCSD
Office Supplies: Fire Dept
Office supplies: TCSD
Express Mail Service: Fire Dept
1,096.13
870.54
690.84
23.64
88352 12/04/2003 004607 GRACE BUILDING
Oct Custodial svcs for park restrooms
4,315.00
88353 12/04/2003 001609 GREATER ALARM COMPANY I Dec - Feb Alarm Srvcs: Storefmnt
66.00
Check Total
2,574.54
721.93
1,487.77
6.00
1,103.66
14.00
6.00
390.72
2,657.51
23.64
4,315.00
66.00
Page5
apChkLst Final Check List Page: 6
12/04/2003 11:32:04AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88354 12/04/2003
88355 12/04/2003
88356 12/04/2003
88357 12/04/2003
88358 12/04/2003
007123 GRIFFITH, RASCHELLE
88359 12/04/2003
88360 12/04/2003
88361 12/04/2003
88362 12/04/2003
88363 12/04/2003
88364 12/04/2003
88365 12/04/2003
88366 12/04/2003
88367 12/04/2003
88368 12/04/2003
88369 12/04/2003
88370 12/04/2003
88371 12/04/2003
007130 GUZON, SUSAN
005311 H20 CERTIFIED POOL WATER
004053 HABITAT WEST INC
000186 HANKS HARDWARE INC
(Continued)
Description
Amount Paid Check Total
Refund: Sign Language-Tots
Refund: Security Deposit
October pool svcs
Pool sanitizing chemicals
Oct Lg Cyn Basin Mntc
Hardware supplies: City Hall/TCSD
Hardware supplies: CRC
Hardware supplies: Sr Center
000116 HEALTH NET DENTAL AND VI Health Net DentalNision Plan Paymen
002107 HIGHMARK INC Voluntary Supp Life Insurance
002126 HILLYARD FLOOR CARE SUPPL CRC gym floor refinishing supplies
005748 HODSON, CHERYLA.
003198 HOME DEPOT, THE
Support Payment
Dewalt Cordless Saw: Stn 84
000194 ICMARETIREMENTTRUST45 ICMARetirementPayment
006057 IKON OFFICE SOLUTIONS, INC
004833 IMPERIAL PAVING COMPANY I
006713 INTEGRATED MEDIA SYSTEMS
004862 INTL PAVEMENTSOLUTIONS I
007126 KENT, KELLY
006302 KIDZ LOVE SOCCER, INC
003631 KLEINFELDER INC
Budget document consulting svcs
Asphalt repaim to Pechanga Pkwy
Chambers Upgrade Audiovisual
Rel Retention: R.C. Sprts Prk PW02-
Refund: Gymnastics:Early Tumbling
TCSD instructor earnings
Oct Geotech svc: R.C. Rd Bridge
27.50 27.50
100.00 100.00
1,700.00
325.41 2,025.41
504.16 504.16
289.74
104.08
83.95 477.77
1,071.73 1,071.73
624.90 624.90
153.53 153.53
22.70 22.70
269.32 269.32
10,324.18 10,324.18
1,000.00 1,000.00
82,732.00 82,732.00
24,000.00 24,000.00
3,326.08 3,326.08
55.00 55.00
3,542.00 3,542.00
23,382.00 23,382.00
Page:6
apChkLst
12/04/2003 11:32:04AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88372 12/04/2003 001282 KNORR SYSTEMS INC
88373 12/04/2003
88374 12/0412003
88375 12/04/2003
88376 12/04/2003
88377 12/04/2003
88378 12/04/2003
88379 12/04/2003
88380 12/04/2003
88381 12/04/2003
88382 12/04/2003
Final Check List
CITY OF TEMECULA
(Continued)
Descrip6on
Pool sanitizing chemicals
Blower muffler for Stn 84
001085 L N CURTIS & SONS
002512 LA MASTERS OF FINE JEWELR Mayor's pin: Jeffrey E. Stone
Amount Paid
006744 LAMAR CORPORATION, THE
000869 LAWRENCE WELK RESORT TH
003975 LAWRENCE, JEFF
007109 LESSARD, LEON
269.55
66.93
498.88
450.0O
559.00
399.99
995.00
Billboard chg out:Old Town Events
Sr Excursion:Musical Christmas 12/16
EE Computer pumhase prgm
Refund:Grading Depst Del Rey Rd.
004905 LIEBERT, CASSIDY&WHITMOR OctHRiegalsvcsforTE060-~9008
Oct HR legal svcs for TE060-#O0001
003782 MAIN STREET SIGNS Hardware Supplies for Street Signs
000394 MAINTENANCE
004141 MAINTEX INC
432.00
144.00
840.45
PW Supervision II Tmg:01/14/04
200.00
Custodial Supplies:TCSD
Custodial Supplies:CRC
Custodial Supplies:City Hall
Custodial Supplies:TCC
Custodial Supplies:Museum
Custodial Supplies:St Orr
Custodial Supplies:City Hall
Custodial Supplies Retumed:C.H.
88383 12/04/2003 001967 MANPOWERTEMPORARY SER Temp Help w/e 11/09 Dankworth
Temp Help w/e 11/16 Dankworth
88384 12/04/2003 000217 MARGARITA OFFICIALS ASSN Nov Softball Officiating Svcs
341.70
318.30
271.34
180.89
157.02
87.01
55.67
-30.60
658.40
526.72
1,645.00
88385 12/04/2003 000220 MAURICE PRINTERS INC Printing Svc:Tem. Business Brochures
3,819.74
88386 12/04/2003
003800 MCLAUGHLIN ENGINEERING
Prgs Pmt #2:John Wamer Rd
Prgs Pmt #1:John Warner Rd
Credit:C/O #2 not approved
Credit:C/O #3-5 not approved
181,853.10
48,717.90
-350.50
-36,397.65
Page: 7
Check Total
269.55
66.93
498.88
450.00
559.00
399.99
995.00
576.00
840.45
200.00
1,381.33
1,185.12
3,819.74
193,822.85
Page2
apChkLst Final Check List Page: 8
12/04/2003 11:32:04AM CITY OF TEMECULA
Bank: union UNION BANK OFCALIFORNIA
Check # Date Vendor
88387 12/04/2003 003076 MET LIFE INSURANCE
88388 12/04/2003 004208 MILANOS
(Continued)
Description
Amount Paid
Check Total
MetLife Payment
Rfmhmnts:Council Joint Mtg:l 1/25
7,953.42
403.10
7,953.42
403.10
88389 12/04/2003 001384 MINUTEMAN PRESS
88390 12/04/2003 006897 MISS SUE'S DANCE
City Seal Window Envelopes:Finance
ENVELOPES/STATION ERY:PLANNI
Business Cards:K, Grace
Business Cards:C.Washington
Business Cards:C.Fox
Business Cards:H.Parker
Business Cards:Grove/Parker
Business Cards:Officer Simmons
Business Cards:C.Adkission
TCSD Instructor Earnings
808.39
678.70
114.86
114.86
114.86
114.86
85.66
42.83
42.83
224.00
2,117.85
224.00
88391 12/04/2003 004534 MOBILE SATELLITE VENTURES Dec EOC satellite stn phone svcs
70.81
88392 12/04/2003 004128 MORAMARCO, ANTHONY J. TCSD Instructor Earnings
288.00
288.00
88393 12/04/2003
88394 12/04/2003
006094 MORENO VALLEY, CITY OF
002257 MOST DEPENDABLE FOUNTAI
Joint Audit Svcs:Adelphia Fran. Fees
Addtl audit srvcs:Adelphia MOU
Parts for Drinking Fountains:Var. Park
3,577.00
1,021.00
569.00
4,598.00
569.00
88395 12/04/2003 001986 MUZAKINC
Dec Music Broadcast:Old Town
59.50
59.50
88396 12/04/2003 000915 NATIONAL NOTARY ASSOCIATI Notary Supply Package:M.A.:ClP Div
239.74
239.74
88397 12/04/2003
88398 12/04/2003
002139 NORTH COUNTY TIMES- ATTN:
002105 OLD TOWN TIRE & SERVICE
Oct TCSD Halloween Ads
City vehicle maint/repa~r svcs
City vehicle maint/repa~r svcs
City vehicle maintJrepa~r svcs
City vehicle maintJrepalr svcs
City vehicle main~repa~r svcs
City vehicle maint/repa~r svcs
City vehicle maintJrepa~r svcs
City vehicle maint/mpalr svcs
City vehicle maint/mpa~r svcs
City vehicle maintJrepa~r svcs
1,507.69
387.36
324.58
322.51
256.25
211.72
164.28
66.60
50.00
38.21
19.19
1,507.69
1,840.70
Pages
apChkLst
12/04/2003 ~1:32:04AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
88399 12/04/2003
88400 12./04/2003
88401 12/04/2003
88402 12/04/2003
88403 12/04/2003
88404 12/04/2003
88405 12/04/2003
88406 12/04/2003
88407 12/04/2003
88408 12/04/2003
88409 12/04/2003
88410 12/04/2003
88411 12/04/2003
88412 12/04/2003
88413 12/04/2003
88414 12/04/2003
Final Check List
CITY OF TEMECULA
(Continued)
Vendor Description
001171 ORIENTAL TRADING COMPANY TCSD Dec Holiday Supplies
Tiny Tots Supplies
000733 PARTY PZAZZ Equip Rental:O.T. Dickens Holiday
Equip Rental:O.T. Dickens Horiday
004538 PAULEY EQUIPMENT COMPAN Parts for Equipment:Parks
Labor to Repair Equipment:Parks
003218 PELA Aug/Oct Ldscp Pin Ck Svc:Comm. Th
001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment
000249 P~-~ IYCASH
007132 PHIPPEN, KERi
006480 PIERRE SPRINKLER &
005539 PINKHAM, ROCHELLE
001999 PITNEY BOWES
005939 POMMER, APRILI.
002185 POSTMASTER - TEMECULA
002185 POSTMASTER - TEMECULA
005820 PRE-PAID LEGAL SERVICES I
000254 PRESS ENTERPRISE COMPAN
Petty Cash Reimbursement
Refund:Arts/Crafta-Childrens
Ldscp Imprv:V.R.Pkwy Medians
Replace Regulatar:Cinon Dr.
Ldscp Imprv:R.C.Rd. Medians
Ldscp Imprv:V.R.Slopes
Ldscp Imprv:Meadows Pkwy
Refund:Teen-Kitchen Survival
Postage Meter Rental:Jan-Mar '04
TCSD Instructor Earnings
Citywide Mailing of Qtrly Newsletter
Postage:Survey in Qtdy Newsletter
Prepaid Legal Services Payment
Oct Recruitment Ads for H.R. Dept
Credit:Billing Error:Ad #5297746
003697 PROJECT DESIGN CONSULTAN 6/30-9/28/03 Svcs:SR79 Medians
Credit:Mileage Reimb not per Agrmnt
Amount Paid
443.30
18.85
339.47
72.34
642.06
445.50
344.00
227.08
431.30
5.00
1,364.00
657.00
490.00
210.00
196.00
6.00
309.52
96.00
3,704.40
1,000.00
127.60
2,539.34
-5.82
50,649.80
-159.77
Page: 9
Check Total
462.15
411.81
1,087.56
344.00
227.08
431.30
5.00
2,917.00
6.00
309.52
96.00
3,704.40
1,000.00
127.60
2,533.52
50,490.03
Page9
apChkLst Final Check List Page: 10
12/04/2003 11:32:04AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
88415 12/04/2003 004529 QUAIDTEMECULAHARLEY-DA
88416 12/04/2003
8~417 12/04/2003
88418 12/04/2003
88419 12/04/2003
88420 12/04/2003
88421 12/04/2003
88422 12/04/2003
001364 R C P BLOCK & BRICK INC
004457 R J NOBLE COMPANY
004863 R M S FOUNDATION
002612 RADIO SHACK INC
000262 RANCHO CALIF WATER DIST
000947 RANCHO REPROGRAPHICS
006210 REDHAWK AUTO SPA
88423 12/04/2003
88424 12/04/2003
88425 12/04/2003
88426 12/04/2003
88427 12/04/2003
007122 REDHAWK COMMUNTIES, INC.
000266 RIGHTWAY
606124 RIVERSIDE BLUEPRINT
000352 RIVERSIDE CO ASSESSOR
000418 RIVERSIDE CO CLERK &
88428 12/04/2003 000418 RIVERSIDE CO CLERK &
88429 12/04/2003 004773 RIVERSIDE CO SHERIFFS
Amount Paid
Repair/Maint:Police Motorcycles
Repair/Maint:Police Motorcycles
Repair/Maint:Police Motorcycles
Repair/Maint:Police Motorcycles
Repair/Ma[nt:Police Motorcycles
Graffiti Removal Supplies:PW Maint
Prgs Pmt #1:R.C.Rd. Widening
HtI:CAPPO Cf:M.Volrmuth:l/27-28/04
Misc Computer Supplies:l.S.
Misc Computer Supplies:l.S.
Credit:Items Retumed:l.S.
Nov 01-99-02003-0 Floating Mtr
Nov 02-79-10100-1 NW Sprts Comple
DupL Blueprints:Winchester Rd.
Blueprint Supplies for CIP Div.
City Vehicle Detailing Svcs
City Vehicle Detailing Svcs
City Vehicle Detailing Svcs
City Vehicle Detailing Svcs
City Vehicle Detailing Svcs
Refund:Appl. fees:43648 Ridge Prk
Equip Rental - Various Park Sites
Toner for OCE Eng Copier
Assessors Maps for B&S Dept
Nrc/Exemption Fee:F.V.Pkw¥/r-15
Release DIF Pub. Fac. Lien:Heiserma
Oct 2003 Booking Fees
3,102.32
3,078.48
363.47
357.50
12.78
911.57
65,162.25
288.96
60.32
21.53
-25.54
521.90
94.41
26.38
8.24
174.81
116.69
21.98
21.98
17.94
714.00
296.15
285.42
21.00
64.00
11.00
10,488.00
Check Total
6,914.55
911.57
65,162.25
288.96
56.31
616.31
34.62
353.40
714.00
296.15
285.42
21.00
64.00
11.00
10,488.00
Page:10
apChkLat Final Check List Page: 11
12/04/2003 11:32:04AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88430 12/04/2003
88431 12/04/2003
88432 12/04/2003
88433 12/04/2003
88434 12/04/2003
88435 12/04/2003
88436 12/04/2003
88437 12/04/2003
88438 12/04/2003
88439 12/04/2003
88440 12/04/2003
000873 ROBERTS, RONALD H.
007110 RODRIGUEZ, LIDIA
007121 ROTELL, JOE
006365 RUBIN, STEVEN P.
002226 RUSSO, MARYANNE
000277 S & S ARTS & CRAFTS INC
005227 SAN DIEGO COUNTY OF
006815 SAN DIEGO, COUNTY OF
004609 SHREDFORCE INC
003804 SKYHAWKS SPORTS ACADEM
000645 SMART& FINALINC
88441 12/04/2003 002536 SMITH, ZENAIDA B.
88442 12/04/2003 000537 SO CALIF EDISON
88443 12/04/2003 000282 SO CALIF MUNICIPAL ATHLETI
88444 12/04/2003 000519 SOUTH COUNTY PEST
(Continued)
Description
Amount Paid
Reimb:Library Bond Mtg:10/27-28
Reimb:RCTC Bond:l 1/2-4
Refund:Sec. Deposit: 12/27-C RC
Refund:Permit Fees:39633 Liefer Rd.
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Holiday Supplies
Support Payment
Support Payment
Nov Doc. Shred Svcs:Rcrds Mgmt
TCSD Instructor Earnings
TCSD Holiday Supplies
High Hope Prgm Supplies
High Hope Prgm Supplies
Reimb:CMRTA Conf:10/14-17/03
40.00
25.00
301.00
15.80
560.00
700.00
672.00
46.90
132.00
12.50
110.00
6,160.00
193.26
189.12
109.49
15.54
Nov 2-00-397-5042 City Hall
City Facilities Electric Meters
Nov 2-00-397-5067 Various Mtrs
Various Electric Meters
Nov 2-22-891-0550 Various Mtrs
Various Electric Meters
Nov 2-20-817-9929 P.D. Front St. Stn
Nov 2-18-528-9980 Santiago Rd
SCMAF A & I: C. McCarthy
Sports Park Pest Control Svcs
Pest Control Svcs:West Wing
Pest Control SVCS:CRC
Fire Stn 84 Pest Control Svcs
5,905.27
1,502.55
797.32
678.21
256.66
181.43
163.99
80.30
15.00
136.00
120.00
90.00
80.00
Check Total
65.00
301.00
15.80
560.00
1,372.00
46.90
132.00
12.50
110.00
6,160.00
491.87
15.54
9,535.73
15.00
426.00
Page:11
apChkLst
12/04/2003 11:32:04AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88445 12/04/2003 004282 SOUTHWEST TRAFFIC SYSTE
88446 12/04/2003 004163 SPORTS CHALET
88447 12/04/2003 005786 SPRINT
88448 12/04/2003
88449 12/04/2003
88450 12/04/2003
88451 12/04/2003
88452 12/04/2003
88453 12/04/2003
88454 12/04/2003
88455 12/04/2003
88456 12/04/2003
88457 12/04/2003
88458 12/04/2003
88459 12/04/2003
Final Check List
CITY OF TEMECULA
(Continued)
Description
Purchase/Install:Light Bars-B/U Alarm
Credit:Installation Not Complete
Police Bicycle Repair/Maint
10/15-11/14/03 Cell Phone Svcs
Nov Acct Level Charges
000293 STADIUM PIZZA Rfrshrsnts:Fioat Decorating:Il/19
004420 STATE COMP INSURANCE FUN Noversber workers' corsp prersium
007127 STATE LAND DIVISION
006700 STEWART, MARGARET
000465 STRADLEY, MARY KATHLEEN
002224 SYNDISTAR INC
003599 T Y LIN INTERNATIONAL
000305 TARGET STORE
001547 TEAMSTERS LOCAL911
006914 TEMECULA COPIERS INC.
003677 TEMECULA MOTORSPORTS LL
000307 TEMECULATROPHY COMPAN
Refund:Security Deposit
Refund:Teen-Kitchen Survival
TCSD Instructor Earnings
TCSD Instructor Earnings
Fire Pray. Public Educ. Materials
9/27-10/31 Svcs:R.C.Bridge
TCSD Holiday Supplies
TCSD Holiday Supplies
TCSD Holiday Supplies
Aquatics Program Supplies
TCSD Holiday Supplies
Union Dues Payment
Oct copier usage chrgs: City Hall
Repair/Maint:Police Motorcycles
Repair/Maint:Police Motorcycles
Recogn Plaque for MPSC
Recogn. Plaque for Sam Pratt
Plaques for Nakayama Visit
88460 12/04/2003 007144 TEMECULA VALLEY POPWARN Community Service Funding Award
88461 12/04/2003 005753 TEMECULA VLY HARLEY Community Service Funding Award
Amount Paid
4,382.00
-850.00
2.90
6,328.99
34.02
106.40
32,665.04
100.00
6.00
560.00
356.00
1,225.00
1,459.85
189.18
116.23
97.20
47.50
44.19
3,483.00
3,844.21
47.19
41.50
96.98
77.26
28.50
1,800.00
1,000.00
Page: 12
Check Total
3,532.00
2.90
6,363.01
106.40
32,665.04
100.00
6.00
916.00
1,225.00
1,459.85
494.30
3,483.00
3,844.21
88.69
202.74
1,800.00
1,000.00
Page:12
apChkLst
12/04/2003 11:32:04AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88462 12/04/2003
88463 12/04/2003
88464 12/04/2003
88465 12/04/2003
003849 TERRYBERRY COMPANY
88466 12/04/2003
88467 12/04/2003
88468 12/04/2003
88469 12/04/2003
88470 12/04/2003
88471 12/04/2003
88472 12/04/2003
88473 12/04/2003
88474 12/04/2003
88475 12/0412003
88476 12/04/2003
000668 TIMMY D PRODUCTIONS INC
003031 TRAFFIC CONTROL SERVICE I
006192 TRISTAFF GROUP
007111 UNIFORM FIRE CODE ASSN
000325 UNITED WAY
004819 UNUM LIFE INS. CO. OF AMERI
004368 VALI COOPER & ASSOCIATES I
004261 VERIZON CALIFORNIA
Final Check List
CITY OF TEMECULA
(Continued)
Description
EE Recogn. Service Award
DJ Svcs:Teen Dance:l 1/21/03
Flagging Classes:D.Davis: 12/10-11
Temp Help w/e 11/09 Bradley
Temp Help w/e 11/23 Bradley
Temp Herp w/e 11/16 Bradley
003228 U S BANK TRUST NATIONAL AS Trustee admin fees TCSD COP 2001
Fire Cede CD ROM/Manual/Tabs
United Way Charities Payment
Longterm Disability Payment
Oct Ccnstr. lnspection Svcs:M.Macon
Nov xxx-2626 P.D.Storefront Stn
Nov xxx-9897 general usage
Nov xxx-3526 Fire Alarm
Nov x.xx-2676 general usage
004789 VERIZON INTERNET SOLUTION Intemet svcs:xxO544
Internst svcs:xx7411
003730 WEST COAST ARBORISTS INC Citywide Tree Trimming Svcs
007133 WILCOXEN, JANET
004829 WILSON GROUP LLC, THE
006754 YARGER, KlM
88477 12/04/2003 003434 Z E P MANUFACTURING
88478 12/04/2003 007141 ZIGLER, GAlL L
Ref und:Ar~s/Crafts-Child tens
Reimb Expenses:Mtg w/Alpert/Corbett
Refund:Creative Beg's Mom & Me
Maintenance Supplies:PW Maint
TCSD Instructor Earnings
Amount Paid
504,40
350.00
35.00
520.00
520,00
416.00
3,850.00
290.13
318.30
6,411.56
4,000.00
214.32
90.48
85.52
29.50
69.95
69.95
4,410.00
5.00
299.59
20.25
260.13
768.00
Page: 13
Check Total
504.40
350.00
35.00
1,456.00
3,850.00
290.13
318.30
6,411.56
4,000.00
419.82
139.90
4,410.00
5.00
299.59
20.25
260.13
768.00
Page:l 3
apChkLst Final Check List Page: 14
12/04/2003 11:32:04AM CITY OF TEMECULA
Sub total for UNION BANK OF CALIFORNIA: 1,004,181.47
Page:14
apChkl.st Final Check List Page: 2
11125/2003 9:10:39AM CITY OF TEMECULA
6 checks in this report.
Grand Total All Checks: 12,250.7~
Detail
11/25/2003
001 1,753.79
190 1,331.47
193 7,966.40
280 650.00
320 549.10
12,250.76
Page2
apChkLst Final Check List Page: 1
11/25/2003 9:10:39AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check# Date
88281 11/25/2003
88282 11/25/2003
Vendor Description
003349 CAROUSEL CARRIAGE COMPA Home-Drawn Sleigh/Trolley:Old Town
007115 LIGHTHOUSE LODGE, THE
88283 11/25/2003 000262 RANCHO CALIF WATER DIST
88284 11/25/2003 007114 SAN JOSE STATE UNIV
88285 11/25/2003 000537 SO CALIF EDISON
88286 11/25/2003 004261 VERIZON CALIFORNIA
Amount Paid
650.00
Htl:Financial Crimes Cf:12/1-5:WR/W 572.00
Various Water Meters 9,283.20
Financial Crimes Cf:12/1-5:W.R./W.M. 860.00
Nov 2-23-365-5992 Stn 92 321.79
Nov 2-24-151-6582 Overland Trl 14.67
Nov xxx-0074 General Usage 261.91
Nov ~.x-5473 General Usage 230.18
Nov xxx-3564 Alarm 57.01
Sub total for UNION BANK OF CALIFORNIA:
Check Total
650.00
572.00
9,283.20
860.00
336.46
549.10
12,250.76
Page:l
apChkLst Final Check List Page: 12
11/2012003 11:50:11AM CITY OF TEMECULA
156 checks In this report.
Grand Total All Checks:
2.308.716.09
Detail
11/20/2003
001 1,107,852.08
120 6,390.06
165 5,084.30
190 54,304.29
192 83.03
193 33,586.13
194 541.78
210 1,050,343.04
280 4,996.46
300 5,166.39
310 19,639.59
320 16,729.27
330 825.29
340 3,174.38
2,308,716.09
Page:12
apChkLst
11/20/2003 11:50:11AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
212 11/20/2003 000283 INSTATAX (IRS)
213 11/20/2003
214 11/20/2003
215 11/20/2003
216 11/20/2003
88130 11/20/2003
88131 11/20/2003
88132 11/20/2003
88133 11/20/2003
88134 11/20/2003
88135 11/20/2003
88136 11/20/2003
Final Check List
CITY OF TEMECULA
Description
Federal Income Taxes Payment
000444 INSTATAX (EDD) State Disability Ins Payment
001065 NATIONWIDERETIREMENTSO Nationwide Retirement Payment
000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pmt
000389 U S C M WEST (OBRA),
004973 ABACHERM, LINDI
001916 ALB~:RT A WEBB ASSOCIATES
004022 AMERICAN MINI STORAGE, TE
003520 AMERICAN SOCIETY OF
004777 ANYTIME ICE COMPANY, INC
000101 APPLEONE, INC.
88137 11/20/2003
88138 11/20/2003
88139 11/20/2003
88140 11/20/2003 004778 BERRYMAN & HENIGAR INC
88141 11/20/2003 004262 BIO-TOX LABORATORIES
OBRA - Project Retirement Payment
TCSD Instructor Earnings
Admin srvcs:CFD 03-1 Crowne Hill
004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening
B109 Dec storage unit lease prat
F105 Dec storage unit lease pmt
1/03-12/03 License Agreement
Snow for Winter Wonderland 2003
Ternp help PPE 11/01 Delarm
Ternp help PPE 11/01 Hare
Temp help PPE 11/01 Wills
Temp help PPE 10/25 Wills
Temp help PPE 11/01 Lee
001445 ASSISTANCE LEAGUE OF 03/04 Comm Svc Funding Award
002648 AUTO CLUB OF SOUTHERN CA Membership: Anthony Rew 96406135
Membership: David Davis 65120445
002541 BECKER CONSTRUCTION SRV Export soils from Humber[ St to Prk
Oct temp inspector help: Grance
DUI Drug/Alcohol Screening
DUI Drug/Alcohol Screening
Amount Paid
58,922.82
15,064.82
18,057.86
57,813.15
2,201.90
389.60
2,125.00
124.30
153.00
144.00
510.00
902.50
624.00
572.00
572.00
457.60
420.88
5,000.00
44,00
44.00
435.00
15,052.56
459.40
109.10
Page: I
Check Total
58,922.82
15,064.82
18,057.86
57,813.15
2,201.90
389.60
2,125.00
124.30
297.00
510.00
902.50
2,646.48
5,000.00
88.00
435.00
15,052.56
568.50
Page:l
apChkLst Final Check List Page: 2
11/2012003 11:50:11AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88142 11/20/2003
88143 11/20/2003
88144 11/20/2003
88145 11/20/2003
88146 11/20/2003
88147 11/20/2003
88148 11/20/2003
88149 11/20/2003
88150 11/20/2003
88151 11/20/2003
88152 11/20/2003
88153 11/20/2003
88154 11/20/2003
88155 11/20/2003
88156 11/20/2003
88157 11/20/2003
88158 11/20/2003
88159 11/20/2003
006721 BOISE CASCADE OFFICE
007082 BOUCHARD, TRACIE
004380 BOY SCOUTS OF AMERICA
003724 C A P P O CONFERENCE
(Continued)
Description
36" Wide Filing Cabinet: Finance
Office Supplies: Code Enforcement
Refund: Photographing your kids
03/04 Comm. Svcs Funding Award
87th Annual Conf:Vollmuth:1/26-30
004248 CALIFDEPTOFJUSTICE/ACCT DUI Drug & Alcohol Screening
DUI Drug & Alcohol Screening
Amount Paid
1,389.98
21.11
55.00
1,500.00
400.00
70.00
35.00
000131 CARL WARREN & COMPANY I
007106 CENTISKE, JOSEPH
007084 CERNOUSEK, PETER
003775 CHAPARRAL HIGH SCHOOL
006166 CHAPARRAL HIGH SCHOOL
004405 COMMUNITY HEALTH CHARI
004405 COMMUNITY HEALTH CHARI
006553 COMMUNITY NATIONAL BANK
001193 COMP U S A INC
000442 COMPUTER ALERT SYSTEMS
002990 DAVlDTURCH &ASSOCIATES
006535 DAVIS, TYRELL
003383 DEAMERAPPLIANCE SERVICE
Jul-Sept Claim adjuster services
Release all claims on file # 2003-416
Refund:Weed Abatement
03/04 CSF Award: Educ. Foundation
03/04 CSF Award: Grad Night
City Hall Charity fundraiser
Community Health Charities Payment
Release to Escrow Acct:05802220
Misc. Computer Supplies: IS
Secudty system battery:Skate Prk
Nov federal lobbyist services
Reimb: Paramedic Certification fee
Repair ice machine: Fire Sin
3,746.85
848.08
238.80
5,000.00
5,000.00
1,340.78
173.50
52,408.65
70.39
43.05
3,000.00
50.00
525.00
Check Total
1,411.09
55.00
1,500.00
400.00
105.00
3,746.85
848.08
238.80
5,000.00
5,000.00
1,340.78
173.50
52,408.65
70.39
43.05
3,000.00
50.00
525.00
Page2
apChkLst Final Check List Page: 3
11/20/2003 11:50:11AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88160 11/20/2003
007107 DONALDSON, PAUL
88161 11/20/2003 001669 DUNN EDWARDS CORPORATI
88162 11/20/2003 001380 E S I EMPLOYMENT SERVICES
88163 11/20/2003
88164 11/20/2003
88165 11/20/2003
88166 11/20/2003
88167 11/20/2003
88168 11/20/2003
0023g0 EASTERN MUNICIPALWATER
002079 ELIZABETH HOSPICE
003665 EMERITUS COMMUNICATIONS
003171 EMPIRE ECONOMICS LLC
005251 EQUIPMENT REPAIR SERVICE
000166 FIRST AMERICAN TITLE
(Continued)
Description
Reimb:Disabled Access tmg:11/07
Supplies for graffiti removal
Supplies for graffiti removal
Supplies for graffiti removal
Temp help PPE 10/31 Rush
Temp help PPE 10/31 Novotny
95366-02 Diego Dr Ldscp
03/04 Comm Svc Funding Award
Oct long distance phone svcs
Mrkt Absorption Analysis:Sutterfield
Mobile Equip Repair Svcs:PW Mntc
Lot Book Report: Jacques
Lot Book Report: Lovell
Lot Book Report: Draper
Lot Book Report: Richardson
Amount Paid Check Total
182.00 182.00
263.21
180.31
3.88 447.40
2,000.80
1,132.56 3,133.36
253.92 253.92
1,000.00 1,000.00
66.77 66.77
1,000.00 1,000.00
670.00 670.00
150.00
150.00
150.00
150.00 600.00
Page3
apChkLst Final Check List Page: 4
1112012003 11:50:11AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88169 11/20/2003 003347 FIRST BANKCARD CENTER
RENAISSANCE
SOUTI-IVV EST AIRLINES
HYATT
HANDSPRING
PARADIGM IMAGING GROUP
OFFICE DEPOT BUSINESS SVS
SOUTHWEST AIRLINES
SOUTHWEST AIRLINES
PALISADES RESEARCH
IRON WOK CHINA BISTRO
FRANKLIN QUEST COMPANY I
STENO DOCTOR, THE
COUNTRY GARDEN RESTAURA
URBAN LAND INSTITUTE
TEMECULA TRAVEL
EARTHLINK INC
TARGET STORE
OFFICE DEPOT BUSINESS SVS
LUXOR CAB CO
ONTARIO AIRPORT
SCOMA'S
RED ROBIN
JOHN'S GRILL
CLAIM JUMPER RESTAURANT
JILLIAN'S
TEMECULA CAR WASH
WALK~VIRE, LLC
NEWSLIBRARY
(Continued)
Description
JM:HtI:ULI Fall Mtg:10/28-11/1:JM
SN: Air:Library Hearing:10/27-28: AA
SN: Htl: Library Hearing:10/27-28:AA
'Cl':Treo 600 Cell phone for RR
TT:Vidar scanner parts: IS
TT:HP5150 Printer & Toner:City Clerk
JO: AirFare:Library Mtg:O'Grady:10/24
JO: AirFara:Library Mtg:Ruse:10/24
TT: Vidar scannar repairs: IS
SJ:Refreshments: Council Mtg
S J: Day timer supplies - City Clerk
S J: Minute clerk Stano machine
WH:PW mntc staff mtg & pdt updates
JM; Reg:03 ULi Fall Mtg:10-28-11/01
SN: Trvl agnt;Library Hear[ng:10/27-28
S J: Council members internet svcs
SJ:Commissioner's dinner table suppl
3-1-: IPAC Memory Card: IS
JM:ULI Fall Mtg:10/28-11/1
JM: Ovrngt Prkg: ULI Mtg:10/28-11/1
JM: MeaI:ULI Fall Mtg:10/28-11/1
TT: Refreshment: Staff Team Bldg
JM:MeaI:ULI Fall Mtg:10/28-11/1
SN: Business Lunchon mtg
JM: MeahULI Fall Mtg:10/28-11/1
MN: Car wash svcs for Naggar
JM: Htl broadband data port svcs
JO:Newspaper article archive svcs
Amount Paid
1,429.69
842.00
572.34
439.09
314.85
213.95
210.50
210.50
194.29
180.10
177.68
150.00
132.10
125.00
100.00
75.85
75.28
64.63
50.00
48.00
45.00
43.18
42.00
30.21
27.00
10.76
8.18
2.95
Check Total
5,815.13
Page~
88171 11/20/2003
88172 11/20/2003
88173 11/20/2003
88174 11/20/2003
apChkLst
11/20/2003 11:50:11AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88170 11/20/2003 007068 FROST, RACHAEL
001937 GALLS INC
007078 GIRL SCOUTS OF AMERICA
000177 GLENNIES OFFICE PRODUCTS
005947 GOLDEN STATE OVERNIGHT
88175 11/20/2003 007080 GONZALEZ, MARIA
88176 11/20/2003 003820 GREYBAR PRINTING SERVICE
88177 11/20/2003
88178 11/20/2003
88179 11/20/2003
88180 11/20/2003
88181 11/20/2003
88182 11/20/2003
88183 11/20/2003
88184 11/20/2003
88185 11/20/2003
006569 GREYSTONE HOMES
000520 H D L COREN & CONE INC
000378 HAFELI, THOMAS
007097 HAGAN, RANDY
004811 HEWL~ i PACKARD
005748 HODSON, CHERYL A.
007105 HUDAK, ROBERT
Final Check List
CITY OF TEMECULA
(Continued)
Description
Reimb:Binding/Printing Annual Rept
Security Cabinet:Police K-9
Refund: CRC 10/04 mom rental
Office Supplies: Bldg & Safety
Express Mail Service: Fire
Refund: Security Deposit
Patient Care Repts for Paramedics
Refund:Plan Ck Voided:TR23143-6
Refund:Plan Ck Voided:TR23143-6
Oct-Dec Property Tax Consulting Srvc
Reimb. VCR & Cables for Chamber
Refund: Admin Cite 0800
Docking Stn& Adapters: Medics
Support Payment
Refund: Bldg permit outside city limits
Amount Paid
000194 ICMARETIREMENTTRUST45 ICMARetirementPayment
001517 INTEGRATED INSIGHTS DBA: H EEassistancepregram
88188 11/20/2003 001407 INTERVALLEYPOOLSUPPLyI Pool Sanitizing Chemicals
88187 11/20/2003 007098 INTERNATIONALRIGHTOFWA Membership:MarilynAdarbeh67356
75.21
408.24
90.00
105.08
47.75
100.00
619.56
4,236.34
4,099.78
2,400.00
218.70
50.00
966.52
45.40
33.80
6,453.80
678.30
271.31
170.00
Page: 5
Check Total
75.21
408.24
90.00
105.08
47.75
100.00
619.56
8,336.12
2,400.00
218.70
50.00
966.52
45.40
33.50
6,453.80
678.30
271.31
170.00
Page5
apChkLst
11120/2003 11:50:11AM
Bank: union UNION DANK OF CALIFORNIA
Check # Date
88188 11/20/2003
88189 11/20/2003
88190 11/20/2003
88191 11/20/2003
88192 11/20/2003
Vendor
003571 INTL ASSN OF PLUMBING AND
007077 JOHNSTON, SIMONE
Final Check List
CITY OF TEMECULA
(Continued)
Description
Membemhip: Anthony EImo 91674
Refund: Magic Mountain excursion
004481 KIMLEY HORN & ASSOCIATES I Aug-Sept Design: Multi-Purpose Trail
Amount Paid
250.00
5.00
14,405.00
Page: 6
Check Total
250.00
5.00
14,405.00
000206 KINKOS INC
003631 KLEINFELDER INC
Stationery paper/misc supplies
Jul-Aug Svcs: Pavement Rehab Prjt
10.95
2,358.80
10.95
2,358.80
88193 11/20/2003 007087 LA QUINTA RESORT & SPA
88194 11/20/2003 006744 LAMAR CORPORATION, THE
88195 11/20/2003
88196 11/20/2003
88197 11/20/2003
003902 LANGLEY, THOMAS H.
002863 LAWSON PRODUCTS INC
003726 LIFE ASSIST INC
88198 11/20/2003
88199 11/20/2003
88200 11/20/2003
006182 M C M CONSTRUCTION, INC.
003782 MAIN STREET SIGNS
004141 MAINTEX INC
88201 11/20/2003 004068 MANALILI, AILEEN
88202 11/20/2003 001384 MINUTEMAN PRESS
88203 11/20/2003 001892 MOBILE MODULAR
88204 11/20/2003 007096 MUSICIANS WORKSHOP
HtI:NASRO Conf:DeLuna:l 1/30-12/1
Nov Old Town Billboard lease
FY 02/03 CFD 88-12 reimbursement
Misc. Supplies for Public Works
Paramedic Squad Supplies
Paramedic Squad Supplies
Paramedic Squad Supplies
Oct R.C. Bridge Widening pmt #4
Various signs for PW Maint Div.
Custedial Supplies:Parks
Custodial Supplies:Museum
Custodial Supplies:City Hall
Custodial Supplies:City Hall
TCSD Instructor Earnings
Generic Bus. Cards:P.D.Storefront Stn
Nov modular bldg rent~l:Stn 92
Community Service Funding Award
277.62
2,500.00
4,080.78
400.19
1,520.02
343.08
108.59
383,045.00
495.65
170.85
170.85
170.85
30.51
475.75
85.66
832.40
5,000.00
277.62
2,500.00
4,080.78
400.19
1,971.69
383,045.00
495.65
543.06
475.75
85.66
832.40
5,000.00
Page~
apChkLst Final Check List Page: 7
11/20/2003 11:50:11AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88205 11/20/2003
88206 11/20/2003
002925 NAPA AUTO PARTS
000727 NATIONAL FIRE PROTECTION
(Continued)
Description
Amount Paid
Check Total
Medic Squad Pads/Supplies
renew membership thru Jan '05:Wind
28.32
135.00
28.32
135.00
88207 11/20/2003 002139 NORTH COUNTY TIMES- ATTN: Oct Public Ntcs: City Clerk
Oct Recruitment Ads: H.R. Dept
Oct Constr. Update Ads :PW
003964 OFFICE DEPOT BUSINESS SVS Office Supplies:P.D. Stomfront Stn
002105 OLD TOWN TIRE & SERVICE
88208 11/20/2003
88209 11/20/2003
88210 11/20/2003
88211 11/20/2003
88212 11/20/2003
88213 11/20/2003
City vehicle maintJrepair svcs
City vehicle maint/repair svcs
003218 PELA Oct Plan Check Svcs:TCSD
001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment
000249 P~ ~YCASH PettyCash Reimbursement
006480 PIERRE SPRINKLER & Oct Ldscp Maint Svcs:Medians
Express mail & postal svcs
Oct Constr. Update Ads: PW
11/13/03-11/10/04 Subscr:l.S.
005075 PRUDENTIAL OVERALL SUPPL Oct Uniforms/Fir Mats/Twl Rentals
Credit:Over Billed/ref # 0706516
007093 PYLE, ANITA Reimb:Batteries for Digital Cameras
88214 11/20/2003 000253 POSTMASTER
88215 11/20/2003 000254 PRESS ENTERPRISE COMPAN
88216 11/20/2003 000254 PRESS ENTERPRISE COMPAN
004318 R J BULLARD CONSTRUCTION
004029 R J M DESIGN GROUP INC
004457 R J NOBLE COMPANY
000262 RANCHO CALIF WATER DIST
88217 11/20/2003
88218 11/20/2003
88219 11/20/2003
88220 11/20/2003
88221 11/20/2003
88222 11/20/2003
Prgs Pmt #7:Pechanga Soundwall
Sept Dsgn Svcs:W.C. Sports Complex
Prgs Pmt #3:Pavement Rehab Prjt
5% Retention Adj for Prgs Pmt #3
Various water meters
Various water meters
571.56
546.88
268.18
126.47
581.84
30.83
7,630.00
227.08
578.13
31,835.00
83.00
1,491.75
154.44
759.72
-8.53
140.05
471,677.85
95,629.89
17,561.03
1,808.21
8,608.86
499.00
1,386.62
126.47
612.67
7,630.00
227.08
578.13
31,835.00
83.00
1,491.75
154.44
751.19
140.05
471,677.85
95,629.89
19,369.24
9,107.86
Paget
Final Check List Page: 8
CITY OF TEMECULA
apChkLet
11120/2003 11:50:11AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88223 11/20/2003 002654 RANCHO FORD LINCOLN
88224 11/20/2003
88225 11/20/2003
88226 11/20/2003
88227 11/20/2003
(Continued)
Description
2004 Ford Ranger Truck;Fire
Reirnb:Small Tools for MS73
City Hall Electrical Supplies
Amount Paid
005062 RAWLINGS, PHIL
004584 REGENCY LIGHTING
003742 REHAB FINANCIAL CORPORATI Oct RDA Loan Collections
003591 RENES COMMERCIAL MANAGE Citywide R-O-W W.Abate/Debris rmvl
19,639.59
489.03
95.04
8.00
10,000.00
88228 11/20/2003 006483 RICHARDS, TYREASHA I.
88229 11/20/2003 005785 RIVERSIDE CO EMS
88230 11/20/2003 001592 RIVERSlDE CO INFO
88231 11/20/2003 000406 R~VERSIDE CO SHERIFFS DEP
88232 11/20/2003 000815 ROWLEY, CATHY
88233 11/20/2003
88234 11/20/2003
88235 11/20/2003
88236 11/20/2003
88237 11/20/2003
005944 SALING, SHANTASA
005227 SAN DIEGO COUNTY OF
000278 SAN DIEGO UNION TRIBUNE
006815 SAN DIEGO, COUNTY OF
007059 SANDELL, DAVID C.
88238 11/20/2003 004872 SANTA MARGARITA
88239 11/20/2003 007081 SCHIEFFER, DENISE
TCSD Instructor Earnings
Paramedic Rece~tification:H.Bolowich
Sept lease emerg, radios:P.D.
Aug Radio Bandwidth Usage:P.D.
Sep Radio Bandwidth Usage:P.D.
9/18-10/15/03:Law Enforcement
TCSD Instructor Eamings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
Support Payment
Oct Recruitment Ads for H.R. Dept
Support Payment
Provided Sound - E.S.G.@ Starnpede
Community Service Funding Award
Refund:Sec. Deposit:l 1/08/03
344.00
50.00
1,193.60
302.97
206.03
753,982.57
576.00
216.00
72.00
72.00
32.00
132.00
1,699.52
12.50
150.00
2,500.00
100.00
Check Total
19,639.59
489.03
95.04
8.00
10,000.00
344.00
50.00
1,702.60
753,982.57
936.00
32.00
132.00
1,699.52
12.50
150.00
2,500.00
100.00
Page~
apChkLst Final Check List Page: 9
11/20/2003 11:50:11AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88240 11/20/2003 007074 SERVIN, DAVID
(Continued)
Description
Refund:Sec. Deposit:l 1/08/03
88241 11/20/2003
88242 11/20/2003
88243 11/20/2003
007075 SEVERNS, JO ANNE
000645 SMART & FINAL INC
007079 SMITH, DAWN
Refund: Excursion-Magic Mtn/Manger
Refund:Excursion-Magic Mtn/Sevems
Supplies for Family Fun Nights
Recreation Supplies for MPSC
Refund:Picnic Shelter:l 1/02/03
88244 11/20/2003 000537 SO CALIF EDISON
88245 11/20/2003 001212 SO CALIF GAS COMPANY
88246 11/20/2003 000519 SOUTH COUNTY PEST
88247 11/20/2003 005906 STANDIFIRD, SHIRLEY
Nov 2-00-397-5059 Various Mtrs
Nov 2/19-999-9442 Various Mtrs
Nov 2-10-331-1353 Fire Stn 84
Nov 2-25-393-4681 T.E.S. Pecl
Nov 2-24-817-8717 Old Kent Park
Nov 2-24-628-8963 Btdld Stage
Nov City Facilities Gas Metem
Nov 095-167-7907-2 Fire Stn 84
Sports Park Pest Control Svcs
Pest Control Svcs:Fire Stn 92
TCSD Instructor Earnings
88248 11/20/2003 003000 STATE WATER RESOURCES Waste Discharge Requirements Fee
88249 11/20/2003 001546 STRAIGHT LINE GLASS INC Res Imp Prgm: Vargas, Val & Rosalie
88250 11/20/2003 000305 TARGET STORE
88251 11/20/2003 007095 TEAMTEMECULAWRESTLING
Office Supplies for PW Dept
Recreation Supplies for MPSC
Recreation Supplies for CRC
Community Service Funding Award
88252 11/20/2003 003673 TECH 101 ARCUS INC
Misc. Computer Supplies:LS.
88253 11/20/2003 005985 TECHNOLOGY INTEGRATION G Printer Supplies:l.S.
Printer Supplies:l.S.
88254 11/20/2003 004876 TEMECULACOMMUNITYCHUR Community Service Funding Award
88255 11/20/2003 000515 TEMECULAVALLEYCHAMBER EY03/04Funding-2ndOtrPmt
Amount Paid Check Total
100.00 100.00
5.00
5.00 10.00
50.65
10.99 61.64
30.00 30.00
5,500.91
1,642.09
1,012.18
515.81
244.14
27.16 8,942.29
196.11
110.29 306.40
84.00
42.00 126.00
384.00 384.00
11,109.00 11,109.00
384.30 384.30
268.71
101.44
29.88 400.03
1,500.00 1,500.00
10.78 10.78
1,316.92
264.14 1,581.06
2,500.00 2,500.00
37,000.00 37,000.00
Page~
apChkLst Final Check List Page: 10
11/20/2003 11:50:11AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88256 11/20/2003
88257 11/20/2003
88258 11/20/2003
88259 11/20/2003
88260 11/20/2003
88261 11/20/2003
88262 11/20/2003
88263 11/20/2003
88264 11/20/2003
88265 11/20/2003
004118 TEMECULA VALLEY GENEALO
000311 TEMECULA VALLEY HIGH SCH
004873 TEMECULA VALLEY HISTORI
005970 TEMECULA VALLEY PLAYERS
004274 TEMECULAVALLEY SECURITY
003140 TEMECU LA VALLEY TAEK~NON
004875 TEMECULA VALLEY TiME MAC
003598 TEMECULA VINTAGE SINGERS
007076 TEMECULA VINTAGE SINGERS
005937 TOMCZAK, MARIAT.
88266 11/20/2003 007091 TOOKER, BARBARA
88267 11/20/2003 002452 TOP LINE INDUSTRIAL
88268 11/20/2003 003031 TRAFFIC CONTROL SERVICE I
88269 11/20/2003
88270 11/20/2003
88271 11/20/2003
88272 11/20/2003
007083 TULL, JUNE
000325 UNITED WAY
000325 UNITED WAY
004261 VERIZON CALIFORNIA
(Continued)
Description
Community Service Funding Award
Community Service Funding Award
C.S,F, Award:Wolf's Tomb
C,S.F. Award:Plaques/Markers
Entertainment:E.S.Gamder:11/1-2
Re-keying Fire Stn 92
TCSD Instructor Earnings
TCSD Instructor Earnings
Community Service Funding Award
Community Service Funding Award
Refund:Sec. Deposit:l 1/01/03
TCSD Instructor Earnings
Reimb:Library Bond Lobby Trip:10/24
Replacement Parts/Supplies:PW
Traffic Control Supplies for PW
Traffic Control Supplies for PW
Traffic Control Supplies for PW
Refund:TUP application
Gift Giving Campaign Contribution
United Way Charities Payment
relocating facilities:Oomm.Thtr Prjt
Amount Paid Check Total
1,000.00 1,000.00
5,000.00 5,000,00
2,500.00
2,500.00 5,000.00
350,00 350.00
55.00 55.00
60.00
40.00 100.00
500.00 500.00
1,000.00 1,000.00
100.00 100.00
84.00 84,00
254.98 254.98
1.54 1.54
2,601.31
498.34
498.34 3,597.99
190.00 190.00
982.78 982.78
253.30 253.30
11,448.61 11,448.61
Page:10
apChkLst Final Check List Page: 11
11/20/2003 11:50:11AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
88273 11/20/2003 004261 VERIZON CALIFORNIA
88274 11/20/2003 004848 VERIZON SELECT SERVICES I
88275 11/20/2003 005025 VOSHALL, JEAN
88276 11/20/2003 003063 WEAVER PACIFIC PUBLICATI
88277 11/20/2003 000621 WESTERN RIVERSIDE COUNC
88278 11/20/2003 003756 WHITE HOUSE SANITATION
(Continued)
Description
Nov xxx-5072 general usage
Nov xxx-3851 general usage
Nov ~c<-1473 P.D. Storefront Stn
Nov xxx-1603 City Hall
Nov xxx-1941 PTA CD ']q-ACSD
Nov x;~-8573 general usage
Nov xxx-3923 Stone
Oct long distance phone svcs
Reimb:SCACEO Certification A304
2004 S/F San Diego Pocket Guide
Oct 2003 TUMF Fees
Nov Cleaning Svcs:Btrfld Stage R.R.
Amount Paid Check Total
1,340.41
222.07
112.82
90.48
58.00
31.83
27.77 1,883.38
1,806.74 1,806.74
75.00 75.00
3,000.00 3,000.00
66,500.00 66,500.00
50.00 50.00
88279 11/20/2003 000348 ZIGLER, GAlL
88280 11/20/2003 007085 ZUNA, JOHN PAUL
Reimb:Raffie Prizes:EE Holiday Party 1,038.56
Reimb:lAPMO Certification 70.00
1,038.56
70.00
Sub total for UNION BANK OF CALIFORNIA: 2,308,716.09
Page:11
ITEM 4
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAA~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Genie Roberts, Director of Finance
December 16, 2003
City TreasureFs Report as of October 31,2003
PREPARED BY:
Pascale Brown, Senior Accountant
RECOMMENDATION:
October 31,2003.
That the City Council receive and file the City Treasurer's Report as of
DISCUSSION: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Attached is the City Treasurer's Report that provides this information.
The Cites investment portfolio is in compliance with Government Code Sections 53601 and 53635
as of October 31,2003.
FISCALIMPACT:
None
Attachments: City Treasurer's Report as of October 31,2003
Cash Activit~ for the Month of Septemb*r:
Cash and Investments as of October 1, 2003
Cash Recdpts
Cash Disbursements
Cash and Investments as of October 31, 2003
Cash and Investments Portfolio:
Type of Investment
Petty Cash
General Checking
Hex Benefit Demand Deposits
Local Agency Investment Fund
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Checking Account - Parking Citations
Ce~ificate of Deposit - Retention Escrow
Bond Fund - CFI) 88-12
(Money Market Account)
Delinquency Maintenance Account - CFD 88-12
(Investment Agreement)
Delinquency Maintenance Account - CFD 88-12
(Money Market Account)
Reserve Fund - CFI) 88-12
(Investment Agreement)
Reserve Account - CFD 88-12
(Money Market Account)
Special Tax Fund - CFD 01-2
(Money Market Account)
Admin Expense Fund - CFD 01-2
(Money Market Account)
Variable Bond Fund - CFI) 01-2
(Money Market Account)
Capital Interest Fund - CFD 01-2
(Money Market Account)
Interest Differential Fund - CFD 01-2
(Money Market Account)
Capital Improvement Fund - CFI) 01-02
(Money Market Account)
Capital Interest Fund - CFD 03-1
(Money Market Account)
Reserve Fund - Clad 03-1
(Investment Agreement)
Reserve Fund - CFD 03-1
(Money Market Account)
City lmprovenxmt Fund - CFD 03-1
(Money Market Account)
Cai Trans Improvement Fund - CFD 03-1
(Money Market Account)
Acquisition Account Fund - CFD 03-1
(Money Market Account)
Cost of Issuance Fund - CFD 03-1
(Money Market Account)
Redemption Fund - CFD 03-04
(Money Market Account)
Reserve Fund - CFD 03-04
(Money Market Account)
City of Temecuin
City Treasurer's Report
As of October 31, 2003
Institution Yield
City Hall n/a
Union Bank n/a
Uninn Bank n/a
State Treasurer-LA1F 1.596 %
Federal Home Loan Bank 2.250 %
Federal Home Loan Mortgage Co 2,000 %
Federal Home Loan Bank 1.885 %
Federal Home Loan Bank 2.250 %
Federal Home Loan Bank 2.500 %
Federal Home Loan Bank 3.530 %
Federal Home Loan Mortgage Co 2.000 %
Federal Home Loan Bank 3.020 %
Federal Home Loan Bank 3.350 %
Union Bank n/a
Community National Bank n/a
U.S. Bank (U~st Am. Treasury) 0.480 %
CDC FamYmg Corp 5.430 %
U.S. Bank (Hrst Am. Treasury) 0.480 %
CDC Funding Corp 5,430 %
U.S. Bank (Frrst Am Treasury) 0.480 %
U.S. Bank (Farst A~ Treasury) 0.480 %
U.S. Bank (F~rst Am. Treasury) 0.480 %
U.S. Bank (First Am Treasury) 0.480 %
U.S. Bank (First Am. Treasury) 0.480 %
U.S. Bank (Etrst Am. Treasury) 0.480 %
U.S. Bank (First Am Treasury) 0.480 %
U.S. Banic (Hrst Am. Treasury) 0.480 %
Federal Home Loans Bank 3.490 %
U.S. Bank (Hrst Ara. Treasury) 0.480 %
U.S. Bank (First Am. Treasury) 0.480 %
U.S. Bank (F~rst Am Treasury) 0.480 %
U.S. Bank (Hrst Am. Treasury) 0.480 %
U.S. Bank (First Am. Treasury) 0.480 %
U.S. Bank (Ftrst Am. Treasury) 0.480 %
U.S. Bank (First Am. Treasury) 0.480 %
Matarity/
Purchase Termination Market
Date Date Value
$
5t22/2003 6/19/2006 994,060
6/6/2003 6/30/2006 989,790
6/26/2003 1/23/2006 992,500
6/26/2003 7/24/2006 991,880
7/16/2003 8/14/2006 1,993,760
8/5/2003 2/28/2007 2,003,120
8/4/2003 8/28/2006 2,000,620
9/30/2003 3/30/2006 1,002,500
9/12/2003 9/12/2006 1,001,880
9/1/2017
911/2007
$ 99,890,188
6,783,091
(9,759,946)
96,913,333
Par/Book
Balance
1,500
(2A70,723) (1)
13,588 (1)
62,456,586 (2)
1,000,000
1,000,000
1,000,000
1,000,000
2,000,000
2,000,000
2,000,000
1,000,000
1,000,000
3,561
105,169
500,000
497,788
1,531,469
41,832
,t48,241
473,434
2,744
40,750
130,893
3,953,517
44,570
860,000
4,572
1,503,299
1,000,665
2,290,145
116,723
7,888
99,542
Improvement Fund - CFD 03-04
(Money Market Account)
Cost of Issuance Fund - CI~I) 03-04
(Money Market Account)
Interest Account - RDA TABs
(Money Market Account)
Reserve Account - RDA TABs
(Money Market Account)
Project Account - RDA TABs
(Money Market Account)
Project Account-RDA TABs
(Local Agency Investment Fund)
Installment Payment Fund - TCSD COPs
(Money Market Account)
Delivery Cost Fund - TCSD COPs
(Money Market Account)
Project Fund - TCSD COPs
(Money Market Account)
Project Fund - TCSD COPs
(Local Agency Investment Fund)
U.S. Bank (Fa'st Am. Treasury)
U.S. Bank (F~rst A~ Treasury)
U.S. Ba~k (Farst Am Treasury)
U.S. Bank (first Am. Treasury)
U.S. Bank (First Aux Treasury)
State Treasurer-LA1F
U.S. Bank (Ftrst Am Treasury)
U.S. Bank (Fa'st Am. Treasury)
U.S. Bank (Fnst Am. Treasury)
State Treasurer-LAIF
0.480 %
0.480 %
0.470 %
0.470 %
0.480 %
1.596 %
0.480 %
0.480 %
0.480 %
1.596 %
1,040,458
3,542
11
1
89
7,426,851
66
2
9,483
2,775,078
$ 96,913,333
(1)-This amount is net of outstanding checks.
(2)-At October 3l, 2003 total market value (including accraed interest) for the Local Agency Investment Fund (LAIF) was $54,210,197,860. The City's proportianate s
of that valueis $62,559,905.
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 expenditures of the City for the next six months.
ITEM 5
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE ~ ~/~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Managed City Council
Genie Roberts, Director of Finance
December 16, 2003
Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30,
2003
PREPARED BY:
Karin Grance, Revenue Manager
RECOMMENDATION: That the City Council receive and file the Comprehensive Annual Financial
Statements, Auditor's Report, and Management's Discussion and Analysis (MD&A) for Fiscal Year
Ended June 30, 2003.
BACKGROUND: As a result of a new accounting rule, Governmental and Accounting
Standards Board's (GASB) Statement Number 34, Basic Financial Statements and Management's
Discussion and Analysis (MD&A) for State and Local Governments, the City is required to change
the presentation of its annual financial statements and analysis effective with the fiscal year ending
June 30, 2003. Some major changes include the reporting of infrastructure assets, showing
activities on a program level, and the inclusion of the MD&A. Staff has reviewed and approved the
reports with Diehl, Evans & Company, LLP.
FISCAL IMPACT: None.
ATTACHMENTS:
Comprehensive Annual Financial Report (CAFR)
Comprehensive Annual Financial Report (CAFR)
to be distributed under separate cover
on Monday by way of mail
ITEM 6
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC~___r~'"--'
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Council/City Manager
Anthony J. Elmo, Director of Building and Safety/-~/
December 16, 2003
SUBJECT:
Third Amendment to a License Agreement with Temeka, Inc. for the
Administration, Marketing and Installation of the City's Directional "Kiosk"
Sign Program
RECOMMENDATION: That the City Council approve a Third Amendment to the existing License
Agreement between the City of Temecula and Temeka, Inc., to increase the per panel charge and
consideration to the City for the administration, marketing and installation of the City's "Kiosk" sign
program.
DISCUSSION: Since 1992, the City has maintained a License Agreement with Temeka, Inc., for
the administration, marketing, installation and maintenance of the City's directional "Kiosk" sign
program. A committee made up of members of the City Council and staffwas created to address
the issue of illegal directional signage and to develop a program to mitigate the proliferation
throughout the city of these types of signs. The lease rate for participating developers was set at
$62.66 per month for a single face sign panel and $86.53 per month per month for a double faced
sign panel. These rates have been constant since 1992. Temeka, Inc., has compensated the City in
the amount of two percent (2%) of gross monthly receipts for the use of the public right of way
without change, since 1992. Both monthly lease rates and license agreement compensation is the
lowest charged in the region.
Fees charged by other jurisdictions are as follows:
License Agreement Compensation
Colton $20 per panel
Murrieta $30 per panel
Corona $30 per panel
Oceanside $30 per panel
Chula Vista $30 per panel
StafFs recommendation represents an increase in the City's License Agreement compensation to
$30 per panel per month vs. the 2%and increases in the monthly per panel lease rate to the
participating developers to 92.66 for a single faced panel and $116.43 for a double faced sign panel
from the previous rates of $62.66 and $86.53, respectively.
FISCAL IMPACT: The amended License Agreement will result in monthly revenue to the city of
approximately $8,520 per month, as compared to the $355 per month previously received.
ATTACHMENT: Third Amendment to Agreement
R:IBROCKMEIIAGENDA~TEMEKA AOVERTISING KIOSK - THIRD AMENDMENT. DOC ] 12/9/03
THIRD AMENDMENT TO AGREEMENT
BE'rVVEEN CITY OF TEMECULA AND
TEMEKA INCORPORA TED
THIS THIRD AMENDMENT is made and entered into as of December 16, 2003 by and
between the City of Temecula, a municipal corporation ("City") and Temeka Incorporated
"Vendor". In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On May 26, 1996 the City and Vendor entered into that certain agreement
entitled "City of Temecula Agreement for License Agreement.
for services.
The parties now desire to increase the payment to the City of Temecula
2. Section 4 Payment of the Agreement is hereby amended to read as follows:
The Vendor agrees to an increase in the monthly, per panel, lease rate to
participating developers to Ninety two dollars and sixty six cents ($92.66) and One
hundred and sixteen dollars and fifty three cents ($116.53) per month respectively,
for a single faced and double faced panels. Additionally this recommendation
includes an increase in the City's License Agreement compensation for the use of
public right of way for these signs to Thirty dollars ($30.00) per panel per month.
terms set forth in Exhibit B for services described in Section B of Exhibit A, attached
hereto and incorporated herein by this reference as though set forth in full. The third
amendment amount shall not exceed Eight thousand five hundred and twenty dollars
($8,520)
Exhibit B to the Agreement is hereby amended by adding thereto the items set
forth on Attachment "Ab to this Amendment, which is attached hereto and
incorporated herein as though set forth in full.
Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
p:/Agreement Sam pJes.Amendrnent.2003 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
BY:
Jeffery E. Stone, Mayor
ATTEST:
BY:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
VENDOR:
Temeka Incorporated
Michael D. Wilson
42380 Zevo Dr.
Temecula, CA 92590
BY:
NAME: Michael D. Wilson
TITLE: President
BY:
NAME:
TITLE:
(Two Signatures Required For Corporations)
R:/purchasing/agreements.alI/win harveston.amend l.fieldman 2002 2
EXHIBIT B
PAYMENT SCHEDULE
Lease schedule for the "Kiosk" Directional Sign Program shall be no more and no less than as
follows:
SinRle Face
Double Face
$92.66 $116.43
One time construction fee: $145 single face
$185 double faced
Temeka Incorporated shall pay City $30.00 per panel per month.
The City and Temeka Incorporated agree to meet annually to review lease price and
participation.
R:/purchasing/agreemems.all/win hameston.amend I.fieldman 2002 3
ITEM 7
A PROVAL
CiTY ATTORNEY
DIRECTOR OF FINAN~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
Mayor and Members of the City Council
City Manager
Jim O'Grady, Assistant City Manager'S/~''~
December 16, 2003
Consideration of Agreement with Shute, Mihaly & Weinberger LLP for Legal
Services Regarding Valley-Rainbow Line
RECOMMENDATION: That the City Council authorize the City Manager to sign an
agreement with Shute, Mihaly & Weinberger LLP for legal services related to continuing issues
associated with the proposed Valley-Rainbow project.
BACKGROUND: The Public Utilities Commission has ruled against SDG&E on the Valley-
Rainbow project - both on the initial hearing as well as SDG&E's appeal. However, there are
continuing issues before the PUC in which SDG&E may attempt to resurrect the Valley-
Rainbow project.
Staff has discussed with the City Attorney's office how best to monitor and intervene as
needed in these proceedings. We believe that it is appropriate to retain the legal firm of Shute,
Mihaly and Weinberger LLP for these services. This firm has represented SSRC in the
proceedings to date and has played a leading role in obtaining these favorable decisions. SSRC
is no longer in a position to pay these continuing costs and the Shute/Mihaly firm has proposed
that Temecula retain their services directly.
The estimated cost of these services is $60,000 for the upcoming year, exclusive of expert
witness fees. These costs would be shared 40% by Temecula, 40% by Murrieta, and 20% by
Hemet, resulting in an estimated annual cost of $24,000 for Temecula.
FISCAL IMPACT: Funds are currently available in the budget for the City Attorney's
Department. However, based on other litigation costs during the upcoming year, it is possible
that an adjustment to the City Attorney's budget may be necessary at midyear.
ATTACHMENT: Agreement with Shute, Mihaly, and Weinberger, LLP
E:iOGRADYJISDG&E TRANSMISSION UNEb4GENDA REPORT 12-16-03 RE AGREEMENT WITH SHUTE-MIHA£ Y.1DOC 12/9/03
SHUTE~ MIHALY &WEINBERGER LLP
ATTORNEYS AT LAW
398 HAYES STREET
SAN fRANCISCO, CALIFORNIA 94102
TELEPHONE: (418) 552-7272
facsimile: (4 I 5) 552-58 ~ 8
WWW.SMWlaW .COM
deFfReY M. BRAX
MARLENA G. SYRNE
MATTHEW D. ZINN
CATHERINE C. eNGBERg
ERIN RYAN
MATTHEW D. VESPA
December 9, 2003
Steve Mandoki, City Manager
City of Murrieta
26442 Beckman Court
Murrieta, CA 92562
Steve Temple, City Manager
City of Hemet
Civic Center
450 E. Latham Avenue
Hemet, CA 92543
Shawn Nelson, City Manager
City of Temecula
43200 Business Park Drive
Temecula, CA 92589
Re: Legal Retainer Agreement
Dear Mr. Mandoki, Mr. Temple and Mr. Nelson:
This letter sets forth the terms under which Shute, Mihaly & Weinberger
LLP ("Firm") will provide legal services to the City of Murrieta, the City of Hemet and
the City of Temecula (collectively "Client Cities") in connection with the potential
proposal to develop a high-voltage electrical transmission line in the vicinity of the Client
Cities. If you agree to the terms of this retainer agreement ("Agreement"), please sign
one copy of this letter and return it to me at your earliest convenience. I will provide a
copy of the fully executed agreement to you for your files.
Mr. Mandoki, Mr. Temple and Mr. Nelson
December 9, 2003
Page 2
1. Legal Services to Be Provided
The Firm is retained to provide Client Cities the following legal services:
monitor proceedings at the California Public Utilities Commission, California
Independent System Operator and other agencies related to the potential proposal to
develop a high-voltage electrical transmission line in the vicinity of the Client Cities. The
Firm is not at this time being retained to make any filing with or appearances at the
California Public Utilities Commission, California Independent System Operator or any
other forum on behalf of Client Cities.
2. Legal Fees, Costs and Billing Practices
The Firm's hourly billing rates for these services will be as follows:
Partner $225
Jr. Partner $210
Sr. Associate $190
Jr. Associate/Fellow $165
Planner $160
Assoc. Planner $135
Law Clerk $55
Fees will be charged in increments of one-tenth of an hour. The hourly rates on the above
schedule may be changed by the Firm on written notice to Client Cities. These rates are
subject to reasonable increases, and we anticipate reviewing and updating our rates on an
annual basis. If Client Cities decline to pay for the Firm's services at any increased rates,
the Firm will have the right to withdraw as Client Cities' attorneys. The Firm has errors
and omission insurance coverage applicable to the services being provided under this
Agreement.
Client Cities will also reimburse Firm for costs incurred in the course of
representation, including fees fixed by law or assessed by public agencies, long-distance
telephone, facsimile, messenger services, postage, photocopying, and charges for
electronic legal research. In the event of out of town travel, Client Cities agree to pay all
transportation costs, parking and meals, as well as the hourly rates for attorney travel
time. The Firm will provide detailed monthly billing statements for fees and costs
incurred. Client Cities agree to pay the Firm's billed costs and fees within thirty (30) days
Mr. Mandoki, Mr. Temple and Mr. Nelson
December 9, 2003
Page 3
of billing.
By participating in this Agreement, the Client Cities acknowledge and agree
to the cost sharing breakdown presented below and that the Firm shall send each of the
Client Cities a copy of each bill with a cover letter that breaks down the total billings as
follows:
City of Murrieta
City of Hemet
City of Temecula
40% of Firm billings
20% of Firm billings
40% of Firm billings
3. Retainer
Client Cities agree to jointly provide the Firm with an initial retainer of
$5,000 for these services before we commence work on this matter. These funds will be
placed in the Firm's client trust account. Any interest earned on this account will be
treated in accordance with state law, which currently requires payment of interest to the
State Bar of California to fund legal services for indigent persons. We will bill against
the retainer for work performed by the Firm on this matter. After this retainer is
exhausted, we will bill Client Cities directly for any additional services provided.
At your request, we have provided an estimate that the Firm's work for the
Client Cities under this Agreement will be approximately $5,000 per month. The Firm's
billings on this matter will not exceed $60,000 without the prior consent of Client Cities.
If at any time we anticipate that our total billings could exceed $60,000, we will consult
with Client Cities regarding how to proceed.
4. Authorized Representative(s) of Client Cities
Client Cities designate the following authorized representatives to direct the
Firm and to be the primary persons to communicate with the Firm regarding the subject
matter of this Agreement:
City of Murrieta
City of Hemet
City of Temecula
Steve Mandoki
Mark Orme
Jim O'Grady
Mr. Mandoki, Mr. Temple and Mr. Nelson
December 9, 2003
Page 4
This designation is intended to establish a clear line of authority and to minimize potential
uncertainty, but not to preclude communication between the Firm and other
representatives of Client Cities. Unless directed otherwise by Client Cities, all
correspondence and bills will be directed to the designated authorized representatives.
5. Discharge and Withdrawal
Any one of the Client Cities may discharge the Firm as attorney for the
Client Cities at any time by providing written notice to the Firm, which is effective upon
receipt by the Firm. In the event of such discharge, if the Firm is Client Cities' attorney
of record in any proceeding, the Firm will promptly provide Client Cities with a
substitution of attorney form. Client Cities will execute and return the substitution of
attorney form immediately upon receipt from the Firm.
The Firm may withdraw at any time as permitted under the Rules of
Professional Conduct of the State Bar of California. A valid reason for withdrawal by the
Firm would include, but not be limited to, Client Cities' consent, Client Cities' breach of
this Agreement, Client Cities' failure to pay fees and costs as provided in this Agreement,
Client Cities' conduct renders it unreasonably difficult for the Firm to carry out the
representation effectively, or any fact or circumstances that would render the Firm's
continuing representation unlawful or unethical. At such time as the Firm's services
conclude, all unpaid fees for legal and related services and costs and expenses will
immediately become due and payable.
6. Case File
After the Firm's services conclude, the Firm will, upon Client Cities'
request, deliver the file for this matter to Client Cities. If Client Cities do not request the
file for this matter, the Firm will retain it for a period of five years after the matter is
closed. If Client Cities do not request delivery of the file for this matter before the end of
the five-year period, the Firm will have no further obligation to retain the file and may, at
the Firm's discretion, destroy it without further notice to Client Cities. At any point
during the five-year period, Client Cities may request delivery of the file.
7. No Guarantee
Nothing in this Agreement and nothing in the Firm's statements to Client
Mr. Mandoki, Mr. Temple and Mr. Nelson
December 9, 2003
Page 5
Cities will be construed as a promise or guarantee about the outcome of this matter. The
Firm makes no such promises or guarantees.
8. Conflicts Waiver
As you know, the Firm has for a number of years represented and continues
to represent a group known as Save Southwest Riverside County ("SSRC") on matters
related to the proposal by San Diego Gas and Electric Company ("SDG&E") to develop
an electrical transmission line in the vicinity of Client Cities. The interests and objectives
of the Client Cities do not currently appear to be adverse to the interests and objectives of
SSRC with respect to the potential proposal to develop an electrical transmission line in
the vicinity of the Client Cities. Moreover, such a conflict appears unlikely to arise in the
context of the Firm's representation of Client Cities as described herein because the
Firm's work for Client Cities is limited to monitoring developments. It is, however,
possible that a conflict could arise in the future. Ifa conflict were to arise, the Firm
would first work with the represented parties to see if the conflict could be resolved. If,
however, the conflict could not be resolved, the Firm would cease its representation of the
Client Cities and continue to represent SSRC, to the extent possible.
Similarly, the interests and objectives of City of Murrieta, the City of Hemet
and the City of Temecula do not currently appear to be adverse with respect to the
potential proposal to develop an electrical transmission line in the vicinity of the Client
Cities. Such a conflict appears unlikely to arise in the context of the Firm's
representation of Client Cities as described herein because the Firm's work for Client
Cities is limited to monitoring developments. It is, however, possible that a conflict could
arise in the future. Ifa conflict were to arise, the Firm would first work with the Client
Cities to see if the conflict could be resolved. If, however, the conflict could not be
resolved, the Firm would cease its representation of the Client Cities.
The Firm's representation of multiple clients as described herein will have
significant implications that you should consider carefully. For example, the location of
any transmission line that might be proposed in the vicinity of Client Cities could be the
source of potential conflicts because a location that would be advantageous to one party
would likely be disadvantageous to another. Moreover, conflicts could arise if the Firm
were to receive inconsistent instructions from the parties. In addition, under the
California Evidence Code, section 962, and California case law, in cases of joint
representation there is no attorney client privilege between or among the joint clients.
Mr. Mandoki, Mr. Temple and Mr. Nelson
December 9, 2003
Page 6
Our concurrent representation of Client Cities and of SSRC may therefore result in
waiver of attorney client privilege in the event of a civil proceeding between or among
the represented parties.
As attorneys, we are governed by specific rules relating to our
representation of multiple clients who have interests that actually or potentially conflict.
Rule 3-310 of the Califomia Rules of Professional Conduct provides, in relevant part, that
lawyers "shall not, without the informed written consent of each client: ... accept
representation of more than one client in a matter in which the interests of the clients
potentially conflict..." Accordingly, we request that you sign this Agreement
acknowledging that we have advised you of the above-quoted rule as well as the potential
conflict associated our concurrent representation of multiple parties with respect to the
matters described herein, and that you nonetheless want us to represent Client Cities.
We look forward to working with you on this matter. If this Agreement is
satisfactory, please execute it and return it to me. This Agreement may be executed in
two or more counterparts and shall be effective as of the date of the last signature.
Very truly yours,
SHUTE, MIHALY & WEINBERGER LLP
ACCEPTED AND AGREED:
Marc B. Mihaly
Steve Mandoki, City Manager
City of Murrieta
DATED:
Steve Temple, City Manager
City of Hemet
DATED:
Shawn Nelson, City Manager
City of Temecula
S:\RETAIN[~.\ola008 (Tem¢cula, Murrieta, Hemet).wpd
DATED:
ITEM 8
APPROVAL
ClTYATTORNEY
DIRECTOR OFFINANCE,,.,/;~,_~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
q/~/t,J~illiam G. Hughes, Director of Public Works/City Engineer
December 16, 2003
Completion and Acceptance of Citywide Concrete Repairs FY2002/2003 -
Project No. PW03-03
PREPARED BY:
Greg Butler, Principal Engineer
Steven Beswick, Associate Engineer
RECOMMENDATION: That the City Council:
1. Accept the Citywide Concrete Repairs FY2002/2003 - Project No. PW03-03 as complete.
2. 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.
3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion,
if no liens have been filed.
BACKGROUND: At the meeting of May 13, 2003, the City Council awarded the construction
contract to Malton Construction in the amount of $58,327.50 and authorized the Mayor to execute
the contract. One change order (New sidewalk over an existing bridge at Loma Linda Road just
nodh of Pechanga Parkway) and an increase in final quantities increased the contract amount by
$5,160.00, bringing the total cost of the project to $63,487.50.
The project consisted of replacing damaged sidewalks, driveways, cross gutters, and curb/gutter
throughout the City. The contractor has completed the work in accordance with the approved
plans and specifications and within the allotted contract time to the satisfaction of the City
Engineer. The construction retention for this project will be released on or about 35 days after
the Notice of Completion has been recorded.
FISCAL IMPACT: This project was funded through the Public Works Maintenance Division
Routine Street Maintenance account. The total cost of the project was $63,487.50.
ATI'ACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit
1
R:\AGENDA REPORTS\2003\121603\PWO3-O3Accept. 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.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. A Contract was awarded by the City of Temecula to Malton Construction, P.O. Box
4185, Riverside, CA 92514 to perform the following work of improvement:
CITYWIDE CONCRETE REPAIRS - FY2002-2003
PPROJECT NO. PW03-03
4. Said work was completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work was
accepted by the City Council of the City of Temecula at a regular meeting thereof held on December
16, 2003. That upon said contract the Developers Surety and Indemnity Company 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
Temeeula, County of Riverside, State of California, and is described as follows:
CITYWIDE CONCRETE REPAIRS - FY2002-2003
PROJECT NO. PW03-03
6. The location of said property is: Various City Streets, Temecula, California
Dated at Temecula, California, this 16th day of December, 2003
City of Temecula
Susan W. Jones CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
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 16m day of December, 2003.
City of Temecula
Susan W. Jones CMC, City Clerk
R;\CIP~PROJECTS\PWO3\PWO3-O3 PCC Repairs\Agreements\COMPLETiON NOTE.doc
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
PROJECT NO. PW03-03
CITY'WIDE CONCRETE REPAIRS - FY2002/2003
KNOW ALL PERSONS BY THESE PRESENT THAT:
MALTON CCNSTRUCTION, P O BOX 4185, RIVERSIDE, CA 92514
BOND NO: 552946P-1
PREMIUM NIL
a
NAME AND ADDRESS CONTRACTOR'S
INDIVIDUAL . hereinafter called Principal, and
(fill in whether ~ Do.oration, Partn$[~hip of irlch'vidust)
DEVELOPERS SURETY AND INDEF~ITY COMPANY, 17780 FITCH, #200, IRVINE, CA 92614
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA.
heremafter called OWNER_, in the penal sum of. FIVE THOUSAND EIGHT HUNDRED
THIRTY ~gO DOLLARS and EIGHTY CENTS CENTS
($ 5,832.80* ) in lawful money of the Umted States, sard sum bemg no~ less than ten
(10%) of the Contract value payable by the said Cdy of Temecula under the terms of the
Contract, for the paymenl of which, we bind ourselves, successors, and assigns, jomtly and
severally, firmly by these presents. -
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered ~nto a
certain Contract with the OWNER, dated the. /~ day of //,1.-A [/ , 2003, a copy
of which is herelo attached and made a part hereof for lhe construction ~f PROJECT NO. PW03-
03, CITYWIDE CONCRETE REPAIRS - FY2002/2003.
WHEREAS. said Contract provides that the Pnncipal will furmsh a bond conditioned to guaranlee
for the period of one (1) year after approva[~of the final estimate on said job, by ~he OWNER,
against all defects in workmanship and matenals which may become apparent dunng said period,
and
WHEREAS. the sa~d Contract has been completed, and was Ihe final estimai:e approved on
~, 2003.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH. that ~f within one year
from the date of approval of the final estimate on said job pursuanl Io the Contract, the work done -
under the terms of said Contract shall disclose poor workmanship ~n lhe execution of said work,
and the carrying out of the terms of sa~d Contract. or it shall appear that defective maierials were
furnished thereunder, then this obligation shall remain in full force and virtue, otherwise th~s
mstrument shall be vord.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and
reasonable expenses and fees shall be ~ncluded, including reasonable attorney's fees incurred by
~he City of Temecula in successfully enforcing this obligation, all to be taxed as costs and
included in anyjudgment rendered
MAINTENANC£ 80NO r.¢.1 R %OIPCROJ£OTS~w03\Pw03.O3 PCC Ruu-.ir¢,O303sm:~, do..
The SurebJ hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the ten'ns of the Contract, or lo the work to be performed thereunder, or to the specifications
accompanying the same, shall in any way affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration, or addition to the terms of the
Contract, or to the work, or to the Specifications.
Signed and sealed this 293T~ day of ~BER ,2003.
(Seal)
DEVELOPERS SURETY AND INDF/%NITY COMPANY
SURETY COMPAt,T'Z
JANeiL. MILLER
ATTORNEY-IN-FACT
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
MALTON ODNSTEU~2IC&N
PRINCIPAL .
(Name~?/~/'~ ~
~i~le)
By:
(Name)
(Title)
CALZFORNi'A ALL-PURPOSE ACKNOWLEDGEMENT
~.~__~, ~...~. '- ............................
State of California
\
County of San Bernardino /
SS.
On October 29 2003 before me, Pamela McCarthy, Notary Public
Name and Title of Officer (e.g., "Jane Doe, NotaP/Public")
Personally appeared Janet L. Miller
Name(s) of Signer(s)
[] personally known to me
[] 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 she
executed the same in her authorized capacity,
and that by her 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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer{s)
Signer's Name:
~3 Individual
~1 Corporate Officer
Title
~ Partner- I~ Limited [] General
x Attorney-in-Fact
~1 Trustee
~ Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
Top of thumb here
'nsc co
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $100 billion for which the Federal Govermnent or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of-
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for the ten'orism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Filch, Suite 200
Irvine, CA 92614
(949) 263 3300
www. lnscoDico.com
[D-1498 (Rev. 5/03)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725. IRVINE, CA 92623 ° (949) 263-330B
KNOW ALL MEN BY THESE PRESENTS. thai except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA. do each, hereby make. consfilute and appoint:
***Jay P. Freeman, Kelly A. Saitman, Janet L. Miller, jointly or severally***
as their true and lawful AItorney(s)-in-Fact, Io make, execute, deliver and acknowledge, for and on behalf of said corporations, as surelies, bonds, underlakings and contracls
of suretyship giving and granting unlo said AHorney(s)-in-Fact full power and aulhorily Io do and to perform every act necessary, requisite or proper to be done in
connection Iherewilh as each of said corporations could do, but reserving to each of said corporalions full power of' substitution and revocalion, and all of the acts of said
Altorney(s)-imFacg pursuanl to these presenls, are hereby rabfied and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by aulhorily of Ihe following resolu0ons adopted by Ihe respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effeclive as of November I, 2000:
RESOLVED, Ihal the Chairman of the Board. Ihe President and any Vice President of Ihe corporation be, and Ihal each of them hereby is. authorized to execule
Powers of Attorney, qualifying Ihe allorney(s) named in Ihe Powers of Atlorney to execute, on behalf of the corporabons, bonds, undertakings and contracts of suretyship;
and lhal the Secrelary or any Assistanl Secretary of the corporations be. and each of Ihem hereby is. aulhorized to attest Ihe execution of any such Power of AIIorney:
RESOLVED, FURTHER. Ihal Ihe signatures of such officers may be affixed Io any such Power of Attorney or to any cerlificale relating therelo by facsimile, and
any such Power of Attorney or certificale bearing such facsimile signatures shall be wdid and binding upon Ihe corporalion when so alfixed and in the t'uture wdh respecl Io
any bond, undertaking or contract of suretyship to which it is altached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents IO be signed by their respective ExecuRve Vice President and attested by Iheir respecbve Secretary lhis 8°' day of January. 2002.
David H. Rhodes, Executive Vice Presidenl
Waller A. Crowell. Secrelary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On January 8. 2002, before me. Antonio Alvarado, persomdly appeared David H. Rhodes and Walter A. Crowell, persom01y known to me (or proved to me on
the basis of safisfaclory evidence) Io be the persons whose names are subscribed to Ihe wilhin instrument and acknowledged to me that Ihey execuled the same in their
aulhorized capacities, and that by their signalures on the inslrumenl the entity upon behalf of whlch lhe r~ersons ncled, e×ecuted Ihe inslmment.
WITNESS my hand and official seal. ~-~
coMM. ,30030
~[,~a~j Notary Public- California ~:
O.AN ECOUN '
Signature ~=.~.~,.,. My C0m.m Expires APRIL 10, 2005 ~
CERTIFICATE
The undersigne& as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby cerlify Ihal lhe foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of Ihe resolubons of the
respective Boards of Directors of said corporations set forlh in Ihe Power of Attorney. are in force as of the date of this Certificate,
This Certificate is executed in Ihe Cily of Irvine, California, the ~9~H day of
David G. Lane, Chief Operating Officer
]D-1380 (0t/02)
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW03-03
CITY1/VIDE CONCRETE REPAIRS - FY200Z/2003
This is to certify that/)3~4/..7'fi)~/ ~¢/*/5"~", (hereinafter the "CONTRACTOR") declares
to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor,
services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents, employees or subcontractors used or in contribution to the
execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, or repair of that certain work of improvement known as PROJECT NO. PW03-03,
ClTYVVIDE CONCRETE REPAIRS - FY2002/2003, situated in the City of Temecula, State of
California, more padicularly described as follows:
INSERT ABDRES$'t)R DESCRIBE LOCATION OF WORK
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR.
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 of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
Dated: ///'¢//~..:3 By:
CONTRACTOR
~' Signature
D //. // 7- ._¢,¢2 ,.¢
Print Name and Title
RELEASE R-1 R:\C[P\PROJECTS~PW03\PW03.03 PCC Repairs/0303specs.d0c
ITEM 9
Supplemental Material
for
Consent Calendar Ztem No.
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Attention: Debbie Newton, Title Officer
Re: Escrow No.:
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this "Agreement") dated as of December __, 2003, is entered into by and between ANNIE J.
SANTA MARIA, and JUNE SANTA MARIA BOKMA and BOKKE BOKMA, Husband and Wife,
and JOAN SANTA MARIA BOLTON and JON BOLTON, Husband and Wife, all as Joint
Tenants (collectively "Seller"), and the CITY OF TEMECULA, a public body, corporate and
politic ("Buyer"), upon the following terms and conditions:
1. SALE AND PURCHASE PRICE.
1.1 Sale and Purchase. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller good and marketable fee simple title to those parcels of real property of
approximately and square feet identified as Assessor's Parcel Numbers
922-041-011, 012 and 013, located in the City of Temecula, County of Riverside, State of
California, commonly known as 28674 Mercedes Street and 41871 3rd Street, Temecula
California 92590, and more particularly described on Exhibit "A" attached hereto, together with
all easements, privileges, permits, licenses, entitlements, and other rights appurtenant thereto
("Real Property"), and all buildings, fixtures, equipment, structures, parking areas, landscaping,
appurtenances and other improvements constructed or situated on the Real Property and
owned by Seller ("Improvements") (the Real Property and Improvements hereinafter collectively
"Property"), for the price and upon all of the terms and conditions set forth herein. Buyer is
purchasing the Property for a public purpose, namely for redevelopment and all uses necessary
or convenient thereto.
1.2 Purchase Price. The purchase price ("Purchase Price") for the Property
described above shall be Four Hundred Five Thousand Dollars ($405,000), payable in cash.
The purchase price is broken down as follows: Land Value - $405,000. Within five (5) business
days after the date of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined)
cash in the amount of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a
cashier's check, by a wire transfer, or other form acceptable to the Escrow Holder. The Deposit
shall be placed in an interest-bearing account and all interest accrued thereon shall increase
and become a part of the Deposit. On the close of escrow, the Deposit shall be applied toward
the cash payment of the Pumhase Price. Prior to the close of escrow, the Deposit shall be fully
R:\O~dtown\OTACQ~Purchase and Sale Agreement - Santamada. DOC
11087/0001/755386.1 12/02/03
refundable to Buyer in the event this Agreement is terminated and Buyer is the non-defaulting
party. The remaining balance of the cash payment of the Purchase Price shall be deposited by
Buyer into Escrow in the form of a cashier's check, wire transfer, or other form acceptable to the
Escrow Holder, prior to the close of escrow.
1.3 No Relocation Assistance. Seller hereby acknowledges and agrees that
the Property is owner occupied, and that the purchase and sale of the Property is being made in
the course of voluntary negotiations between Seller and Buyer resulting from Seller's having
offered the Property for sale. Seller shall have no further obligation to Buyer under the State
Eminent Domain Law or under the Relocation Assistance and Real Property Acquisition statutes
and guidelines, including but not limited to California Government Code Section 7260 et seq.
and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby
waives any such assistance or benefits if applicable. Seller hereby further waives any and all
claims it may have now or in the future for compensation for relocation assistance, relocation
benefits, pre-condemnation damages, compensation for property or for loss of goodwill under
California Code of Civil Procedure Section 1263.510 et seq. or any other applicable law.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an
ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph
2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American
Title Company, 3625 Fourteenth Street, Riverside, California 92501, (909) 787-1723; fax:
(909) 784-7956, Title Officer Debbie Newton ("Title Company"), with liability in the full amount of
the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens
and encumbrances and other matters affecting title to the Property, except:
2.1.1 Non-delinquent real property taxes; and
2.1.2 Such conditions, covenants, restrictions, and utility easements of
record as are approved by Buyer in its sole and absolute discretion. Notwithstanding anything
in the foregoing to the contrary, Buyer acknowledges approval of the following exceptions listed
in Schedule "B" of the Old Republic Title Company Preliminary Report dated as of November
26, 2003, Order No. 2607019693 and 2607019694 (the "Preliminary Report"): Items 2, 3 and 4.
2.2 Acts After Date of Agreement. During the period from the date of this
Agreement through the close of escrow, Seller shall not record, or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
Property without the prior written consent of the Buyer, which consent shall not be unreasonably
withheld.
2.3 Option for ALTA Covera.qe. Buyer shall have the option of obtaining an
ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA
Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
R:~Oldtown\OTACQ\Purchase and Sale Agreement - Santamaria. DOC
11087/0001/755386.1 12~02~03
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most
recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended
Coverage Form Policy of Title Insurance shall be borne by Buyer.
3. RIGHT OF ENTRY.
3.1 Seller hereby grants Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives") the right of entry to the Property at reasonable
times for the purpose of conducting soils and geological investigation and testing for toxic or
hazardous substances and other contamination. Such investigation shall be at Buyer's
expense.
3.2 Buyer shall deliver advance written notice to the Seller of its intention to
enter the Property'to conduct activities pursuant to this Paragraph 3 at least one (1) business
day prior to any entry onto the Property. Such notice of entry shall include the proposed dates
and times of such entry, and the nature, specific location and scope of any test, investigation, or
other activity upon the Property. Seller and it representatives shall have the right to accompany
and observe all of Buyer's and its Representatives' activities on the Property.
3.3 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services, and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.4 Buyer and its Representatives shall promptly notify the Seller of any
discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and/or use of the Property under this Agreement.
3.5 Buyer and its Representatives shall remove from the Property any wastes
and Hazardous Materials used in or generated by the activities of Buyer or its Representatives
on the Property no later than the date of completion of their environmental investigation
activities and operations on the Property.
3.6 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep
the Property, and any improvements and personalty thereon, in good order and repair and safe
condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and
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expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot be repaired,
Buyer shall replace such damaged or altered property to the extent possible.
3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
successors, and assigns (individually as "lndemnitee" and collectively, "lndemnitees"), free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other
professionals, and all costs associated therewith, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or
omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to entry upon the Property pursuant to this
Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on
the comparative negligence, gross negligence or willful misconduct of such Indemnitee.
4. ESCROW.
4.1 A,qreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company1 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956,
Attention: Debbie Newton (dnewton@firstam.com) ("Escrow Holder"), within five (5) business
days after the execution of this Agreement by Buyer and Seller by depositing an executed copy
or executed counterparts of this Agreement with Escrow Holder. This document shall be
considered as the escrow instructions between the parties, with such further instructions as
Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. if
Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare
such escrow instructions on its usual form for the purchase and sale of the Property upon the
terms and provisions hereof. Provided such further escrow instructions are consistent with this
Agreement, they shall be promptly signed by Buyer and Seller within five (5) business days after
delivery thereof to each party. The further escrow instructions shall incorporate each and every
term of this Agreement and shall provide that in the event of any conflict between the terms and
conditions of this Agreement and such further escrow instructions, the terms and conditions of
this Agreement shall control. Escrow Holder shall not be held liable for the sufficiency or
correctness as to form, execution or validity of any instruments deposited in this escrow (other
than those documents prepared by Escrow Holder), or as to identity, authority or rights of any
person executing the same, and Escrow Holder's duties hereunder shall be limited to the
safekeeping of such money, instruments or other documents received by Escrow Holder and for
the disposition or return of same in accordance with the instructions herein. The parties hereto
agree jointly and severally to pay on demand, as well as to indemnify and hold Escrow Holder
harmless from and against, all costs, damages, judgments, reasonable attorneys' fees,
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expenses and liabilities of any kind or nature which Escrow Holder may incur or sustain in good
faith in connection with or arising out of this escrow which are not due to Escrow Holder's
negligence or willful misconduct.
4.3 Opening of Escrow. Escrow shall be deemed open on the date of
delivery to the Escrow Holder of a fully executed copy or executed counterparts of this
Agreement.
4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before
January 22, 2004 ("Closing Date"). All risk of loss or damage with respect to the Property shall
pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered
to Buyer upon the close of escrow. Notwithstanding anything in this Agreement to the contrary,
escrow shall be deemed automatically terminated if it has not otherwise closed by January 31,
2004, regardless of cause or fault.
4.5 Buyer Required to Deliver. On or before the close of escrow Buyer shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The Purchase Price; and
4.5.2 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow.
4.6 Seller Required to Deliver. Before the close of escrow, Seller shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer;
4.6.2 A non-foreign affidavit with respect to Seller; and
4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
4.7 Conditions to the Close of Escrow. Escrow shall not close unless and
until both parties have deposited with Escrow Holder all sums and documents required to be
deposited as provided in this Agreement. The failure of a party to timely deposit any such sums
and/or documents shall constitute a default by such party. Furthermore, escrow shall not close
unless Seller shall be able to deliver possession of the Property to Buyer free of all tenants,
leases and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer
and its employees, agents, representatives, council members, attorneys, successors and
assigns from and against any and all claims raised after closing by tenants raising or seeking
any rights to relocation assistance or benefits based on their tenancy on the Property prior to
the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to
proceed with the transaction contemplated by this Agreement is subject to the satisfaction, not
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later than the date that is fifteen (15) days after the date hereof ("Contingency Date"), of all of
the following conditions precedent, which are for Buyer's benefit and may be waived only by
Buyer:
4.7.1 Seller shall have performed all agreements to be performed by
Seller hereunder;
4.7.2 Seller's representations, warranties and covenants set forth in this
Agreement shall be true and correct as of the Contingency Date, and continue to be true and
correct as of the Closing Date;
4.7.3 Buyer's approval, in its sole and absolute discretion, of the results
of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or
water contamination tests and analyses as Buyer or its agents, employees or representatives
may, prior to the Closing Date, perform with respect to the Property;
4.7.4 As of the Closing Date, there shall have been no material adverse
changes in the physical condition of the Property, as described in Paragraph 6 or otherwise;
4.7.5 Verification by Buyer that Seller is the owner of record of the
Property and that there are no other owners of record of the Property as of the Closing Date;
4.7.6 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property
to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility
easements of record as are approved by Buyer in its sole and absolute discretion; and
4.7.7 Approval of this Agreement by the City Council of the City of
Temecula.
Neither Buyer nor Seller shall act or fail to act for the purpose of permitting or
causing any closing condition to fail. Waiver of any condition to close of escrow shall not relieve
any party for liability resulting from breach of any representation, warranty, covenant or
agreement under this Agreement. In the event that the conditions to close of escrow are not
timely satisfied for a reason other than a default of Buyer or Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Seller hereunder shall terminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (A) Buyer has had the opportunity to waive any condition for
Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice
from Seller or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not
elect to waive such condition; and
(ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer
in escrow and to return to Seller all funds and documents deposited by Seller in escrow and
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which are held by Escrow Holder on the date of the termination (less, in the case of the party
otherwise entitled to such funds, however, the amount of any cancellation charges required to
be paid by such party under Paragraph 4.12 below).
4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds
and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest
available tax information or, at Seller's election, such taxes, liens and assessments may be paid
in full through escrow to the lienholder from the Deposit, so long as the Deposit is sufficient to
satisfy all outstanding liens. If such liens are paid through escrow, Escrow Holder shall cause
the liens to be discharged and the discharge recorded prior to conveyance of fee title of the
Property to Buyer. Any supplemental or escape real estate taxes and assessments on the
Property attributable to the period prior to the close of escrow shall be paid by Seller outside of
the escrow. All prorations shall be determined on the basis of a 360-day year.
4.10 Costs of Escrow.
4.10.1 Seller shall pay:
(a) The cost of any obligations of Seller hereunder.
4.10.2 Buyer shall pay:
(a)
All escrow fees and costs associated with the purchase of
the subject real property;
(b) The cost of recording the Grant Deed, if any;
(c)
The cost of documentary transfer taxes in connection with
the recordation of the Grant Deed, if any;
(d) The cost of any obligations of Buyer hereunder; and
(e)
Any other closing costs or charges not expressly provided
for herein and customarily paid by a Buyer of real property
in Riverside County, California.
4.11 Broker's Commission. Buyer and Seller represent to one another that no
broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants
and agrees that any broker fee or commission, which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller.
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Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives, council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
4.12 Escrow Cancellation Charges. In the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any
other reason, each party shall pay one-half (I/2) of all escrow and title cancellation charges.
5. REPRESENTATIONS AND WARRANTIES BY SELLER.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Seller makes the following representations and warranties,
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the close of escrow):
5.1 This Agreement has been duly and validly authorized, executed and
delivered by Seller and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Seller;
5.2 There are no suits pending against or affecting or, to the best of Seller's
knowledge, without having made investigation thereof, threatened against the Properly or its
use, whether in law or at equity;
5.3 Other than as disclosed in this Agreement, no joinder, consent, or waiver
of or by any third party is necessary to permit the consummation by Seller of the transaction
contemplated pursuant to this Agreement;
5.4 To Seller's best knowledge, there are no materials, reports and
information in Seller's possession relating to the Environmental Condition (any condition that
exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface
strata, surface water, ground water, storm water or sediments) of the Property, and there are no
outstanding environmental remediation orders or decrees (federal or state) regarding the
Property. Seller shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Seller's possession, and any information relating to
the Environmental Condition of the Property of which Seller becomes aware;
5.5 To the best of Seller's knowledge, Seller is not aware of the existence of
any violation of law or violation of governmental regulation with respect to the Property,
including any Environmental Laws, as hereinafter/defined;
5.6 There are no pending, or to the best of Seller's knowledge, without having
made investigation thereof, threatened proceedings in eminent domain, which would affect the
Property, or any portion thereof;
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5.7 To the best of Seller's knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any
of the contractors, agents, employees or representatives of Seller or, to the best of Seller's
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Seller's knowledge, there has not been any other activity on the Property which could have
resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any
Environmental Laws, or which could result in any proceeding or inquiry by any authority with
respect thereto;
5.8
Code 1445; and
Seller is not a "foreign person" within the meaning of Internal Revenue
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the Property.
The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq; asbestos
and asbestos-containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et seq; source material, special nuclear
material, by-product material and any other radioactive materials or radioactive wastes, however
produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982;
chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200
et seq; industrial process and pollution control wastes, whether or not hazardous within the
meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et sect.; any
substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or
California Code of Civil Procedure Section 736(0(3); and any other substance or material
regulated by any Environmental Laws.
The term "Environmental Laws" shall mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et seq; the Clean Water Act, 33 U.S.C. Section 1251
et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 et seq; the National Environmental Policy Act, 42 U.S.C. Section 4321
et seq; the Noise Control Act, 42 U.S.C. Section 4901 et seq; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et seq; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et seq; as amended by the Hazardous and Solid Waste Amendments of
1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq; as
amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning
and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the
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Toxic Substances Control Act 15 U.S.C. Section 2601 et seq; the Atomic Energy Act, 42 U.S.C.
Section 2011 et seq; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
seq; and state and local environmental statutes and ordinances, with implementing regulations
and rules in effect on or prior to the date hereof.
6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR DESTRUCTION.
6.1 If, prior to the close of escrow, any material portion of the Property is
taken or if the access thereto or available parking area therefor is reduced or restricted by
eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated
taking which has not been consummated, other than any such taking prosecuted by or on behalf
of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have
the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to
Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does
not exercise this option to terminate this Agreement, neither party shall have the right to
terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall
be entitled to receive and keep, all awards for the taking by eminent domain which accrue to
Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without
modification of the terms of this Agreement and without any reduction in the Purchase Price
(except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any eminent domain
proceeding without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
6.2 If, prior to the close of escrow, any material portion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any
earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising
from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller
shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its
sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to terminate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or
destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof,
without modification of the terms of this Agreement and without any reduction in the Purchase
Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any such damage and
destruction without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
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8. A']-I'ORNEYS' FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, or in connection with the
Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICES. All notices, requests, demands and other communication given or
required to be given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Buyer:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: John Meyer
Tel: (909) 694-6412
Fax: (909) 693-3903
With a Copy To:
Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Seller:
Annie Santamaria
28674 Mercedes Street
Temecula, California 92590
June Santa Maria Bokma and Bokke Bokma
Joan Santa Maria Bolton and Jori Bolton
To Escrow Holder:
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Tel: (909) 787-1723
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Fax: (909) 784-7956
Attention: Debbie Newton, Title Officer
Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee, if personally delivered,
and on the date indicated in the return receipt or courier's records as the date of delivery or as
the date of first attempted delivery, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 10 by giving notice to the other party and to Escrow
Holder as herein provided.
10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either party without the prior written consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their successors and assigns.
12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged
herein and shall not be effective for any purpose. No provision of this Agreement may be
amended, supplemented or in any way modified except by an agreement in writing signed by
the parties hereto or their respective successors in interest and expressly stating that it is an
amendment of this Agreement.
13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is
not consummated as a result of the Buyer's material default hereunder, then Seller may enforce
its rights hereunder by an action against Buyer for damages, resulting from the material breach
of this Agreement by Buyer.
14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights
granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if
there is a breach by Seller of any material provision of this Agreement, Buyer would not have
any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder
may be enforced by an action for specific performance and such other equitable or legal relief
as is provided under the laws of the State of California.
15. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this Agreement.
16. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terms.
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18. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is
intended to confer upon any person, other than the parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEVERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by
a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes
aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer of
this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein,
which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing
and returning to Seller a counterpart of this Agreement on or before December 15, 2003. Seller
understands and agrees that Buyer is a governmental entity which must schedule and hold one
or more meetings of its governing body in order to authorize Buyer's acceptance of this offer
and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the
City Council of the City of Temecula and its governing body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code
Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is
terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's
liability in inverse condemnation, for precondemnation damages or otherwise, and may not be
used as an admission of value in any eminent domain or other proceeding.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
"SELLER .... BUYER"
ANNIE SANTA MARIA, and JUNE SANTA
MARIA BOKMA and BOKKE BOKMA, Husband
And Wife, JOAN SANTA MARIA BOLTON and
JON BOLTON, Husband and Wife, All as Joint
THE CITY OF TEMECULA, a municipal
corporation
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Tenants
By:
ANNA SANTAMARIA
By:
JUNESANTA MARIA BOKMA
BOKKE BOKMA
JOAN SANTA MARIA BOLTON
JON BOLTON
By:
By:
Jeff Stone, Mayor
Attest:
Susan Jones, City Clerk
By:
By:
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
LOTS 1, 2, 3, 4, 5 AND 6 OF BLOCK 5 OF THE TOWN OF TEMECULA, IN THE CITY
OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA;
ALSO TOGETHER WITH THOSE PORTIONS OF THAT CERTAIN UNNAMED ALLEY,
20.00 FEET IN WIDTH, LYING WITHIN SAID BLOCK 5, THAT WOULD PASS BY A
CONVEYANCE DESCRIBING SAID LOTS, SAID ALLEY HAVING BEEN ABANDONED
BY A RESOLUTION OF THE BOARD OF SUPERVISORS OF RIVERSIDE COUNTY, A
CERTIFIED COPY OF SAID RESOLUTION RECORDED APRIL 23, 1979 AS
INSTRUMENT NO. 80863 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
A.P.N's. 922-041-011,012, and 013
12012-0001\749075vi.doc A-1 12/02/03
APPROVAL
CiTY aTtORNEY
director of flnAn{~e
CitY MANAGER ~.?
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
John Meyer, Redevelopment Director
December 16, 2003
Purchase and Sale Agreements for Property located in Old Town
RECOMMENDATION: It is Recommended that the City Council:
1. Adopt a Resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL
PROPERTY LOCATED AT 41852 MAIN STREET (APN
922-041-008, 009 and 0t0) IN THE CITY OF TEMECULA
2. Adopt a Resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL
PROPERTY LOCATED AT 41863 MAIN STREET (APN
922-032-020) IN THE CITY OF TEMECULA
R:\Oldtown\OTACQ\Staff Report OT Acq Dec 16, 2003.doc
3. Adopt a Resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL
PROPERTY LOCATED AT THE NORTHEAST CORNER
OF MAIN AND MERCEDES STREET (APN 922-032-015)
IN THE CITY OF TEMECULA
4. Adopt a Resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL
PROPERTY LOCATED ON THE NORTHSlDE OF THIRD
STREET, EAST OF MERCEDES STREET (APN 922-041-
014) IN THE CITY OF TEMECULA
5. Adopt a Resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL
PROPERTY LOCATED ON THE SOUTHEAST CORNER
MERCEDES AND SECOND STREET (APN 922-071-007)
IN THE CITY OF TEMECULA
6. Adopt a Resolution entitled:
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL
PROPERTY LOCATED AT 28674 MERCEDES STREET
(APN 922-041-011 AND 012) AND AT 41871 THIRD
STREET (APN 922-041-003) IN THE CITY OF TEMECULA
Approve an appropriation from unreserved General Fund balance in an amount not
to exceed $1,683,500 for acquisition, escrow, closing costs, appraisal and soils
testing, relocation and related fees.
R:\Oldtown\OTACQ\Staff Report OT Acq Dec 16, 2003.doc
2
BACKGROUND: Per Council direction, staff has been working with several property
owners on the purchase of the property generally located between M ercedes Street and the
freeway in Old Town. The City's appraiser performed appraisals of the property. The offers and
accepted purchase prices are reflective of the appraised value. A Phase I Environmental
Analysis will be conducted on the properties to determine the presence of hazardous waste or
unacceptable soil conditions.
The following purchase prices represent an all-inclusive settlement and full payment of just
compensation for the acquisition of all property interests.
Moramarco
Chilcote
Schwartz
Timberlake
Egizi
Santamaria et al
41852 Main St (APN 922-041-008, 009 & 010)
41863 Main St (APN 922-032-020)
No St Address (APN 922-032-015)
No St Address (APN 922-024-014)
No St Address (APN 922-071-007)
28674 Mercedes (APN 922-041-011,012 & 013)
$625,000
$124,500
$119,000
$1 O8,O0O
$1 O7,OOO
$405,000
Total $1,488,500
Additional fund authorization in the amount of $195,000 is requested to cover escrow, closing
costs, appraisal and soils testing, relocation for one tenant in the Chilcote home and related
fees. The Agency is looking for additional opportunities to provide additional off-street public
parking or other public uses.
FISCAL IMPACT: The $1,683,500 acquisition cost will be funded from the unreserved
General Fund balance.
Attachments:
Resolutions
Purchase and Sale Agreements
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3
RESOLUTION NO. RDA 03- __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED AT 41852 MAIN STREET (APN 922-041-008, 009
AND 010) IN THE CITY OF TEMECULA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Temecula herebyfinds, determines and declares
that:
a. The City is currently implementing the Redevelopment Plan for
Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of
Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and
subsequently approved and transferred to the Redevelopment Agency of the City of
Temecula on April 9, 1991 (the "Plan").
b. The City proposes to purchase the property described in the "Purchase and
Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located at
41852 Main Street (APN 922-041-008,009 and 010) in the City of Temecula for rede-
velopment purposes consistent with the Agency authority under the Plan and the Community
Redevelopment Act, Health and Safety Code Section 33000 et seq.
c. The Agreement is consistent with the Plan and with the Implementation Plan
adopted by the Agency.
d. The City Council has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the 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.
e. This action is being undertaken pursuant to the Plan for which a full and
complete Environmental Impact Report was prepared and certified prior to adoption of the
Plan. Moreover the acquisition of property by itself will have no impact on the environment
as it is simply the change in ownership of the property without a change in the physical
condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162
are found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal.
Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental
Impact Report is required for the subject agreement.
R:\OJdtown\OTACQ~Acquisition Rcsos 1216\Rcsmoramarco.doc
Section 2. The City Council hereby approves that certain "Purchase and Sale Agreement and
Escrow Instructions" between the City of Temecula, a public body corporate and politic, and Jon A.
Moramarco, A Married Man, as his Sole and Separate Property, Cinthia E. Moramarco, AKA Cynthia
E. Moramarco, A Single Woman, Cinthia E. Moramarco, AKA Cynthia E. Moramarco, An Unmarried
Woman, Constance Jean Moramarco, A Married Woman, Anthony James Moramarco, A Single
Man, Jon A. Moramarco, Trustee Under Declaration of Trust Known as the Jon Moramarco
Children's Trust Dated December 15, 1989, and John A. Moramarco, Trustee Under Delcaration of
Trust Dated March 30, 1989 (collectively "Sellers")1 which Purchase Agreement is dated as of
December 16, 2003. The Mayor of the City of Temecula is hereby authorized and directed to
execute the Agreement on behalf of the City.
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PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this
16th day of December, 2003.
ATTEST:
Jeff Stone, Mayor
Susan W. Jones1 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 Resolution No. RDA 03- was duly and regularly adopted by the City Council of the City
of Temecula at a regular meeting thereof held on the 16th day of December, 2003, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Attention: Debbie Newton, Title Officer
Re: Escrow No.:
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this "Agreement") dated as of December __, 2003, is entered into by and between JON A.
MORAMARCO, A Married Man, as his Sole and Separate Property, CINTHIA E.
MORAMARCO, AKA CYNTHIA E. MORAMARCO, A Single Woman, CINTHIA E.
MORAMARCO, AKA CYNTHIA E. MORAMARCO, An Unmarried Woman, CONSTANCE JEAN
MORAMARCO, A Married Woman, ANTHONY JAMES MORAMARCO, A Single Man, JON A.
MORAMARCO, Trustee Under Declaration of Trust Known as the Jon Moramarco Children's
Trust Dated December 15, 1989, and JOHN A. MORAMARCO, Trustee Under Declaration of
Trust Dated March 30, 1989 (collectively "Sellers"), and the CITY OF TEMECULA, a public
body, corporate and politic ("Buyer"), upon the following terms and conditions:
1. SALE AND PURCHASE PRICE.
1.1 Sale and Purchase. Sellers agree to sell to Buyer and Buyer agrees to
purchase from Sellers good and marketable fee simple title to that certain real property of
approximately 26,155 square feet identified as Assessor's Parcel Numbers 922-041-008, 009,
and 010, located in the City of Temecula, County of Riverside, State of California, commonly
known as 41852 Main Street, Temecula, California 91292, and more particularly described on
Exhibit "A" attached hereto, together with all easements, privileges, permits, licenses,
entitlements, and other rights appurtenant thereto ("Real Property"), and all buildings, fixtures,
equipment, structures, parking areas, landscaping, appurtenances and other improvements
constructed or situated on the Real Property and owned by Sellers ("Improvements") (the Real
Property and Improvements hereinafter collectively "Property"), for the price and upon all of the
terms and conditions set forth herein. Buyer is purchasing the Property for a public purpose,
namely for redevelopment and all uses necessary or convenient thereto.
1.2 Purchase Price. The purchase price ("Purchase Price") for the Property
shall be Six Hundred Twenty-Five Thousand Dollars ($625,000), payable in cash. The purchase
price is broken down as follows: Land Value - $625,000. Within five (5) business days after the
date of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined) cash in the
amount of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a cashier's check,
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by a wire transfer, or other form acceptable to the Escrow Holder. The Deposit shall be placed
in an interest-bearing account and all interest accrued thereon shall increase and become a part
of the Deposit. On the close of escrow, the Deposit shall be applied toward the cash payment
of the Purchase Price. Prior to the close of escrow, the Deposit shall be fully refundable to
Buyer in the event this Agreement is terminated and Buyer is the non-defaulting party. The
remaining balance of the cash payment of the Purchase Price shall be deposited by Buyer into
Escrow in the form of a cashier's check, wire transfer, or other form acceptable to the Escrow
Holder, prior to the close of escrow.
1.3 No Relocation Assistance. Sellers hereby acknowledge and agree that
the Property is owner occupied, and that the purchase and sale of the Property is being made in
the course of voluntary negotiations between Sellers and Buyer resulting from Sellers having
offered the Property for sale. Sellers shall have no further obligation to Buyer under the State
Eminent Domain Law or under the Relocation Assistance and Real Property Acquisition statutes
and guidelines, including but not limited to California Government Code Section 7260 et seq.
and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby
waives any such assistance or benefits if applicable. Sellers hereby further waive any and all
claims they may have now or in the future for compensation for relocation assistance, relocation
benefits, pre-condemnation damages, compensation for property or for loss of goodwill under
California Code of Civil Procedure Section 1263.510 et seq. or any other applicable law.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an
ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph
2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American
Title Company, 3625 Fourteenth Street, Riverside, California 92501, (909) 787-1723; fax:
(909) 784-7956, Title Officer Debbie Newton ("Title Company"), with liability in the full amount of
the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens
and encumbrances and other matters affecting title to the Property, except:
2.1.1 Non-delinquent real property taxes; and
2.1.2 Such conditions, covenants, restrictions, and utility easements of
record as are approved by Buyer in its sole and absolute discretion. Notwithstanding anything
in the foregoing to the contrary, Buyer acknowledges approval of the following exceptions listed
in Schedule "B" of the Old Republic Title Company Preliminary Report dated as of October 29,
2003, Order No. 2607019196-55 (the "Preliminary Report"):
2.2 Acts After Date of Agreement. During the period from the date of this
Agreement through the close of escrow, Sellers shall not record, or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
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Property without the prior written consent of the Buyer, which consent shall not be unreasonably
withheld.
2.3 Option for ALTA Coverage. Buyer shall have the option of obtaining an
ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA
Extended Coverage Survey (the "Survey"); provided, that, Sellers shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Sellers most
recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended
Coverage Form Policy of Title Insurance shall be borne by Buyer.
3. RIGHT OF ENTRY.
3.1 Sellers hereby grant Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives") the right of entry to the Property at reasonable
times for the purpose of conducting soils and geological investigation and testing for toxic or
hazardous substances and other contamination. Such investigation shall be at Buyer's
expense.
3.2 Buyer shall deliver advance written notice to the Sellers of its intention to
enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business
day prior to any entry onto the Property. Such notice of entry shall include the proposed dates
and times of such entry, and the nature, specific location and scope of any test, investigation, or
other activity upon the Property. Sellers and their representatives shall have the right to
accompany and observe all of Buyer's and its Representatives' activities on the Property.
3.3 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services, and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.4 Buyer and its Representatives shall promptly notify the Sellers of any
discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and/or use of the Property under this Agreement.
3.5 Buyer and its Representatives shall remove from the Property any wastes
and Hazardous Materials used in or generated by the activities of Buyer or its Representatives
on the Property no later than the date of completion of their environmental investigation
activities and operations on the Property.
3.6 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep
3
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the Property, and any improvements and personalty thereon, in good order and repair and safe
condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and
expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot be repaired,
Buyer shall replace such damaged or altered property to the extent possible.
3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
successors, and assigns (individually as "lndemnitee" and collectively, "lndemnitees"), free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other
professionals, and all costs associated therewith, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or
omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to entry upon the Property pursuant to this
Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on
the comparative negligence, gross negligence or willful misconduct of such Indemnitee.
4. ESCROW.
4.1 A,qreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company, 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956,
Attention: Debbie Newton (dnewton@firstam.com) ("Escrow Holder"), within five (5) business
days after the execution of this Agreement by Buyer and Seller by depositing an executed copy
or executed counterparts of this Agreement with Escrow Holder. This document shall be
considered as the escrow instructions between the parties, with such further instructions as
Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If
Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare
such escrow instructions on its usual form for the purchase and sale of the Property upon the
terms and provisions hereof. Provided such further escrow instructions are consistent with this
Agreement, they shall be promptly signed by Buyer and Sellers within five (5) business days
after delivery thereof to each party. The further escrow instructions shall incorporate each and
every term of this Agreement and shall provide that in the event of any conflict between the
4
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terms and conditions of this Agreement and such further escrow instructions, the terms and
conditions of this Agreement shall control. Escrow Holder shall not be held liable for the
sufficiency or correctness as to form, execution or validity of any instruments deposited in this
escrow (other than those documents prepared by Escrow Holder), or as to identity, authority or
rights of any person executing the same, and Escrow Holder's duties hereunder shall be limited
to the safekeeping of such money, instruments or other documents received by Escrow Holder
and for the disposition or return of same in accordance with the instructions herein. The parties
hereto agree jointly and severally to pay on demand, as well as to indemnify and hold Escrow
Holder harmless from and against, all costs, damages, judgments, reasonable attorneys' fees,
expenses and liabilities of any kind or nature which Escrow Holder may incur or sustain in good
faith in connection with or arising out of this escrow which are not due to Escrow Holder's
negligence or willful misconduct.
4.3 Openin.q of Escrow. Escrow shall be deemed open on the date of
delivery to the Escrow Holder of a fully executed copy or executed counterparts of this
Agreement.
4.4 Close of Escrow. Provided all of Sellers and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before
January 22, 2004 ("Closing Date"). All risk of loss or damage with respect to the Property shall
pass from Sellers to Buyer at the close of escrow. Possession of the Property shall be delivered
to Buyer upon the close of escrow. Notwithstanding anything in this Agreement to the contrary,
escrow shall be deemed automatically terminated if it has not otherwise closed by January 31,
2004, regardless of cause or fault.
4.5 Buyer Required to Deliver. On or before the close of escrow Buyer shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The Purchase Price; and
4.5.2 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow.
4.6 Sellers Required to Deliver. Before the close of escrow, Sellers shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer;
4.6.2 A non-foreign affidavit with respect to Sellers; and
4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Sellers to carry out this escrow.
5
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4.7 Conditions to the Close of Escrow. Escrow shall not close unless and
until both parties have deposited with Escrow Holder all sums and documents required to be
deposited as provided in this Agreement. The failure of a party to timely deposit any such sums
and/or documents shall constitute a default by such party. Furthermore, escrow shall not close
unless Sellers shall be able to deliver possession of the Property to Buyer free of ali tenants,
leases and/or agreements. Sellers agree to indemnify, protect, hold harmless and defend Buyer
and its employees, agents, representatives, council members, attorneys, successors and
assigns from and against any and all claims raised after closing by tenants raising or seeking
any rights to relocation assistance or benefits based on their tenancy on the Property prior to
the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to
proceed with the transaction contemplated by this Agreement is subject to the satisfaction, not
later than the date that is fifteen (15) days after the date hereof ("Contingency Date"), of all of
the following conditions precedent, which are for Buyer's benefit and may be waived only by
Buyer:
4.7.1 Sellers shall have performed ali agreements to be performed by
Sellers hereunder;
4.7.2 Sellers representations, warranties and covenants set forth in this
Agreement shall be true and correct as of the Contingency Date, and continue to be true and
correct as of the Closing Date;
4.7.3 Buyer's approval, in its sole and absolute discretion, of the results
of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or
water contamination tests and analyses as Buyer or its agents, employees or representatives
may, prior to the Closing Date, perform with respect to the Property;
4.7.4 As of the Closing Date, there shall have been no material adverse
changes in the physical condition of the Property, as described in Paragraph 6 or otherwise;
4.7.5 Verification by Buyer that Sellers are the owner of record of the
Property and that there are no other owners of record of the Property as of the Closing Date;
4.7.6 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property
to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility
easements of record as are approved by Buyer in its sole and absolute discretion; and
4.7.7 Approval of this Agreement by the City Council of the City of
Temecula.
Neither Buyer nor Sellers shall act or fail to act for the purpose of permitting or
causing any closing condition to fail. Waiver of any condition to close of escrow shall not relieve
any party for liability resulting from breach of any representation, warranty, covenant or
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agreement under this Agreement. In the event that the conditions to close of escrow are not
timely satisfied for a reason other than a default of Buyer or Sellers under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Sellers hereunder shall terminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (A) Buyer has had the opportunity to waive any condition for
Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice
from Sellers or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does
not elect to waive such condition; and
(ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer
in escrow and to return to Sellers all funds and documents deposited by Sellers in escrow and
which are held by Escrow Holder on the date of the termination (less, in the case of the party
otherwise entitled to such funds, however, the amount of any cancellation charges required to
be paid by such party under Paragraph 4.12 below).
4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds
and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Sellers.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Sellers as of the close of escrow based on the latest
available tax information or, at Sellers election, such taxes, liens and assessments may be paid
in full through escrow to the lienholder from the Deposit, so long as the Deposit is sufficient to
satisfy all outstanding liens. If such liens are paid through escrow, Escrow Holder shall cause
the liens to be discharged and the discharge recorded prior to conveyance of fee title of the
Property to Buyer. Any supplemental or escape real estate taxes and assessments on the
Property attributable to the period prior to the close of escrow shall be paid by Sellers outside of
the escrow. All prorations shall be determined on the basis of a 360-day year.
4.10 Costs of Escrow.
4.10.1 Sellers shall pay:
(a) The cost of any obligations of Sellers hereunder.
4.10.2 Buyer shall pay:
(a)
All escrow fees and costs associated with the purchase of
the subject real property;
(b) The cost of recording the Grant Deed, if any;
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(c) The cost of documentary transfer taxes in connection with
the recordation of the Grant Deed, if any;
(d) The cost of any obligations of Buyer hereunder; and
(e)
Any other closing costs or charges not expressly provided
for herein and customarily paid by a Buyer of real property
in Riverside County, California.
4.11 Broker's Commission. Buyer and Sellers represent to one another that
no broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Sellers covenant
and agree that any broker fee or commission, which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Sellers.
Sellers agree to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives, council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
4.12 Escrow Cancellation Charges. In the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any
other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges.
5. REPRESENTATIONS AND WARRANTIES BY SELLERS.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Sellers make the following representations and warranties,
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the close of escrow):
5.1 This Agreement has been duly and validly authorized, executed and
delivered by Sellers and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Sellers;
5.2 There are no suits pending against or affecting or, to the best of Sellers
knowledge, without having made investigation thereof, threatened against the Property or its
use, whether in law or at equity;
5.3 Other than as disclosed in this Agreement, no joinder, consent, or waiver
of or by any third party is necessary to permit the consummation by Sellers of the transaction
contemplated pursuant to this Agreement;
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5.4 To Sellers best knowledge, there are no materials, reports and
information in Sellers possession relating to the Environmental Condition (any condition that
exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface
strata, surface water, ground water, storm water or sediments) of the Property, and there are no
outstanding environmental remediation orders or decrees (federal or state) regarding the
Property. Sellers shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Sellers possession, and any information relating to
the Environmental Condition of the Property of which Sellers become aware;
5.$ To the best of Sellers knowledge, Sellers are not aware of the existence
of any violation of law or violation of governmental regulation with respect to the Property,
including any Environmental Laws, as hereinafted defined;
5.6 There are no pending, or to the best of Sellers knowledge, without having
made investigation thereof, threatened proceedings in eminent domain, which would affect the
Property, or any portion thereof;
5.7 To the best of Sellers knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Sellers or any
of the contractors, agents, employees or representatives of Sellers or, to the best of Sellers
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Sellers knowledge, there has not been any other activity on the Property which could have
resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any
Environmental Laws, or which could result in any proceeding or inquiry by any authority with
respect thereto;
5.8
Code 1445; and
Sellers are not a "foreign person" within the meaning of Internal Revenue
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the Property.
The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq; asbestos
and asbestos-containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et seq; source material, special nuclear
material, by-product material and any other radioactive materials or radioactive wastes, however
produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982;
chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200
et seq; industrial process and pollution control wastes, whether or not hazardous within the
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meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any
substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or
California Code of Civil Procedure Section 736(0(3); and any other substance or material
regulated by any Environmental Laws.
The term "Environmental Laws" shall mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et seq; the Clean Water Act, 33 U.S.C. Section 1251
et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et seq; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 et seq; the National Environmental Policy Act, 42 U.S.C. Section 4321
et seq; the Noise Control Act, 42 U.S.C. Section 4901 et seq; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et seq; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et seq; as amended by the Hazardous and Solid Waste Amendments of
1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq; as
amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning
and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the
Toxic Substances Control Act 15 U.S.C. Section 2601 et seq; the Atomic Energy Act, 42 U.S.C.
Section 2011 et seq; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
seq; and state and local environmental statutes and ordinances, with implementing regulations
and rules in effect on or prior to the date hereof.
6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR DESTRUCTION.
6.1 If, prior to the close of escrow, any material portion of the Property is
taken or if the access thereto or available parking area therefor is reduced or restricted by
eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated
taking which has not been consummated, other than any such taking prosecuted by or on behalf
of the Buyer), Sellers shall immediately notify Buyer of such fact. In such event, Buyer shall
have the option, in its sole and absolute discretion, to terminate this Agreement upon written
notice to Sellers given not later than ten (10) business days after receipt of Sellers notice. If
Buyer does not exercise this option to terminate this Agreement, neither party shall have the
right to terminate this Agreement, but the Sellers shall assign and turn over to Buyer, and the
Buyer shall be entitled to receive and keep, all awards for the taking by eminent domain which
accrue to Sellers, and the parties shall proceed to the close of escrow pursuant to the terms
hereof, without modification of the terms of this Agreement and without any reduction in the
Purchase Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and
until this Agreement is terminated, Sellers shall take no action with respect to any eminent
domain proceeding without the prior written consent of Buyer, which consent shall not be
unreasonably withheld or delayed.
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6.2 If, prior to the close of escrow, any material portion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any
earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising
from any discharge of Hazardous Materials or other violation of any Environmental Laws,
Sellers shall immediately notify Buyer of such fact. In such event, Buyer shall have the option,
in its sole and absolute discretion, to terminate this Agreement upon written notice to Sellers
given not later than ten (10) business days after receipt of Sellers notice. If Buyer does not
exercise this option to terminate this Agreement, neither party shall have the right to terminate
this Agreement, but the Sellers shall assign and turn over, and the Buyer shall be entitled to
receive and keep, all insurance proceeds paid by Sellers insurer in connection with such
damage or destruction, and the parties shall proceed to the close of escrow pursuant to the
terms hereof, without modification of the terms of this Agreement and without any reduction in
the Purchase Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless
and until this Agreement is terminated, Sellers shall take no action with respect to any such
damage and destruction without the prior written consent of Buyer, which consent shall not be
unreasonably withheld or delayed.
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
8. ATTORNEYS' FEES. In any action between Buyer and Sellers seeking
enforcement of any of the terms and provisions of this Agreement, or in connection with the
Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICES. All notices, requests, demands and other communication given or
required to be given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Buyer:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: John Meyer
Tel: (909) 694-6412
Fax: (909) 693-3903
11
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With a Copy To:
Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Sellers:
John Moramarco
Post Office Box 906
Temecula, California 92593
To Escrow Holder:
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Tel: (909) 787-1723
Fax: (909) 784-7956
Attention: Debbie Newton, Title Officer
Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee, if personally delivered,
and on the date indicated in the return receipt or courier's records as the date of delivery or as
the date of first attempted delivery, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 10 by giving notice to the other party and to Escrow
Holder as herein provided.
10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either party without the prior written consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their successors and assigns.
12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged
herein and shall not be effective for any purpose. No provision of this Agreement may be
amended, supplemented or in any way modified except by an agreement in writing signed by
the parties hereto or their respective successors in interest and expressly stating that it is an
amendment of this Agreement.
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13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is
not consummated as a result of the Buyer's material default hereunder, then Sellers may
enforce their rights hereunder by an action against Buyer for damages, resulting from the
material breach of this Agreement by Buyer.
14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights
granted to Buyer by Sellers hereunder are of a special and unique kind and character, and that,
if there is a breach by Seller of any material provision of this Agreement, Buyer would not have
any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder
may be enforced by an action for specific performance and such other equitable or legal relief
as is provided under the laws of the State of California.
15. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this Agreement.
16. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terms.
18. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is
intended to confer upon any person, other than the parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEVERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by
a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes
aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
13
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21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
22. IRREVOCABLE OFFER BY SELLERS. Sellers execution and delivery to Buyer
of this Agreement shall constitute an offer to sell the Property pursuant to the terms stated
herein, which offer shall be irrevocable by Sellers, provided that Buyer accepts such offer by
executing and returning to Sellers a counterpart of this Agreement on or before December 18,
2003. Sellers understand and agree that Buyer is a governmental entity which must schedule
and hold one or more meetings of its governing body in order to authorize Buyer's acceptance
of this offer and that Buyer is relying on the irrevocability of this offer in processing it for
consideration by the City Council of the City of Temecula and its governing body. Sellers further
acknowledges and agrees that this Agreement is tendered under the provisions of California
Evidence Code Section 1152, and in the event this Agreement is not fully executed by the
parties hereto, or is terminated for any reason whatsoever, this Agreement shall not be
admissible to prove Buyer's liability in inverse condemnation, for precondemnation damages or
otherwise, and may not be used as an admission of value in any eminent domain or other
proceeding.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
"SELLERS"
JON A. MORAMARCO, A Married Man
as his Sole and Separate Property
CINTHIA E. MORAMARCO, AKA CYNTHIA
E. MORAMARCO, A Single Woman
CINTHIA E. MORAMARCO, AKA CYNTHIA
E. MORAMARCO, An Unmarried Woman
CONSTANCE JEAN MORAMARCO, A
Married Woman, as her Sole and Separate
Property
ANTHONY JAMES MORAMARCO, A
Single Man
JON A. MORAMARCO, Trustee Under
Declaration of Trust Known as the Jori
Moramarco Children's Trust Dated
December 15, 1989
14
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JOHN A MORAMARCO, Trustee Under
Declaration of Trust Dated March 30, 1989
BUYER:
THE CITY OF TEMECULA, a municipal corporation
By:.
Jeff Stone, Mayor
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
Attest:
Susan Jones, CMC/City Clerk
15
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
LOT 31, IN BLOCK 5 OF THE TOWN OF TEMECULA, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15,
PAGE(S) 726 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
TOGETHER WITH THOSE PORTIONS OF MAIN STREET IN SAID BLOCK 5 THAT
WOULD PASS BY A CONVEYANCE DESCRIBED IN SAID LOTS, SAID MAIN
STREET HAVING BEEN VACATED BY RESOLUTION OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF RIVERSIDE, A CERTIFIED COPY OF SAID
RESOLUTION BEING RECORDED APRIL 23, 1975 AS INSTRUMENT NO. 46491 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
ALSO TOGETHER WITH THOSE PORTIONS OF THAT CERTAIN UNNAMED ALLEY,
20.00 FEET IN WIDTH, LYING WITHIN SAID BLOCK 5, THAT WOULD PASS BY A
CONVEYANCE DESCRIBED IN SAID LOTS, SAID ALLEY HAVING BEEN
ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS OF
RIVERSIDE COUNTY, A CERTIFIED COPY OF SAID RESOLUTION RECORDED
APRIL 23, 1979 AS INSTRUMENT NO. 80863 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THOSE PORTIONS THEREOF AS CONVEYED TO THE
STATE OF CALIFORNIA BY DEEDS RECORDED FEBRUARY 26, 1948 IN BOOK 893
PAGE 373 AND JANUARY 17, 1972 AS INSTRUMENT NO. 6303 BOTH OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
A.P.N. 922-041-008, 009, and 010
12o12-ooo1\749O75vl .doc A-1 11104103
RESOLUTION NO. RDA 03-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED AT 41863 MAIN STREET (APN 922-032-020) IN
THE CITY OF TEMECULA
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 City is currently implementing the Redevelopment Plan for
Redevelopment Project No. 1-1988, originally approved by the Board of Supervisors of
Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and
subsequently approved and transferred to the Redevelopment Agency of the City of
Temecula on April 9, 1991 (the "Plan").
b. The City proposes to purchase the property described in the "Purchase and
Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located at
41863 Main Street (APN 922-032-020) in the City of Temecula for redevelopment purposes
consistent with the Agency authority under the Plan and the Community Redevelopment Act,
Health and Safety Code Section 33000 et seq.
c. The Agreement is consistent with the Plan and with the Implementation Plan
adopted by the Agency.
d. The City Council has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the 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.
e. This action is being undertaken pursuant to the Plan for which a full and
complete Environmental Impact Report was prepared and certified prior to adoption of the
Plan. Moreover the acquisition of property by itself will have no impact on the environment
as it is simply the change in ownership of the property without a change in the physical
condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162
are found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal.
Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental
Impact Report is required for the subject agreement.
R:\Oldtown\OTACQ~Acquisition Resos 1216~%soChilcote.doc
Section 2. The City Council hereby approves that certain "Purchase and Sale Agreement and
Escrow Instructions" between the City of Temecula, a public body corporate and politic, and The
Chilcote Family Limited Partnership, which Purchase Agreement is dated as of December 16, 2003.
The Mayor of the City of Temecula is hereby authorized and directed to execute the Agreement on
behalf of the City.
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PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this
16th day of December, 2003.
ATTEST:
Jeff 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 Resolution No. RDA 03- was duly and regularly adopted by the City Council of the City
of Temecula at a regular meeting thereof held on the 16th day of December, 2003, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Attention: Debbie Newton, Title Officer
Re: Escrow No.:
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this "Agreement") dated as of December __, 2003, is entered into by and between THE
CHILCOTE FAMILY LIMITED PARTNERSHIP, a Nevada Limited Partnership ("Seller"), and the
CITY OF TEMECULA, a public body, corporate and politic ("Buyer"), upon the following terms
and conditions:
1. SALE AND PURCHASE PRICE.
1.1 Sale and Purchase. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller good and marketable fee simple title to that certain real property of
approximately 4,000 square feet identified as Assessor's Parcel Number 922-032-020, located
in the City of Temecula, County of Riverside, State of California, commonly known as 41863
Main Street, Temecula, California 91292, and more particularly described on Exhibit "A"
attached hereto, together with all easements, privileges, permits, licenses, entitlements, and
other rights appurtenant thereto ("Real Property"), and all buildings, fixtures, equipment,
structures, parking areas, landscaping, appurtenances and other improvements constructed or
situated on the Real Property and owned by Seller ("Improvements") (the Real Property and
Improvements hereinafter collectively "Property"), for the price and upon all of the terms and
conditions set forth herein. Buyer is purchasing the Property for a public purpose, namely for
redevelopment and all uses necessary or convenient thereto.
1.2 Purchase Price. The purchase price ("Purchase Price") for the Property
shall be One Hundred Twenty-Four Thousand Five Hundred Dollars ($124,500), payable in
cash. The purchase price is broken down as follows: Land Value - $124,500. Within five
(5) business days after the date of execution hereof, Buyer shall deliver to Escrow Holder (as
herein defined) cash in the amount of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the
form of a cashier's check, by a wire transfer, or other form acceptable to the Escrow Holder.
The Deposit shall be placed in an interest-bearing account and all interest accrued thereon shall
increase and become a part of the Deposit. On the close of escrow, the Deposit shall be
applied toward the cash payment of the Purchase Price. Prior to the close of escrow, the
Deposit shall be fully refundable to Buyer in the event this Agreement is terminated and Buyer is
the non-defaulting party. The remaining balance of the cash payment of the Purchase Price
shall be deposited by Buyer into Escrow in the form of a cashier's check, wire transfer, or other
form acceptable to the Escrow Holder, prior to the close of escrow.
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1.3 Relocation Assistance. Seller hereby acknowledges and agrees that the
Property is owner occupied, and that the purchase and sale of the Property is being made in the
course of voluntary negotiations between Seller and Buyer resulting from Seller's having offered
the Property for sale. Seller shall retain their right to relocation assistance benefits, if any, under
the State Eminent Domain Law or under the Relocation Assistance and Real Property
Acquisition statutes and guidelines, including but not limited to California Government Code
Section 7260 et seq. and Section 6000 et seq. of Title 25 of the California Code of Regulations.
Seller hereby waives any and all claims it may have now or in the future for compensation for
pre-condemnation damages, compensation for property or for loss of goodwill under California
Code of Civil Procedure Section 1263.510 et seq. or any other applicable law.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an
ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph
2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American
Title Company, 3625 Fourteenth Street, Riverside, California 92501, (909) 787-1723; fax:
(909) 784-7956, Title Officer Debbie Newton ("Title Company"), with liability in the full amount of
the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens
and encumbrances and other matters affecting title to the Property, except:
2.1.1 Non-delinquent real property taxes; and
2.1.2 Such conditions, covenants, restrictions, and utility easements of
record as are approved by Buyer in its sole and absolute discretion. Notwithstanding anything
in the foregoing to the contrary, Buyer acknowledges approval of the following exceptions listed
in Schedule "B" of the Old Republic Title Company Preliminary Report dated as of October 29,
2003, Order No. 2607019199-55 (the "Preliminary Report"): 2 through 5.
2.2 Acts After Date of A.qreement. During the period from the date of this
Agreement through the close of escrow, Seller shall not record, or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
Property without the prior written consent of the Buyer, which consent shall not be unreasonably
withheld.
2.3 Option for ALTA Coveraqe. Buyer shall have the option of obtaining an
ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA
Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most
recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended
Coverage Form Policy of Title Insurance shall be borne by Buyer.
11087-0001/754067-1
2
12/02/2003
3. RIGHT OF ENTRY.
3.1 Seller hereby grants Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives") the right of entry to the Property at reasonable
times for the purpose of conducting soils and geological investigation and testing for toxic or
hazardous substances and other contamination. Such investigation shall be at Buyer's
expense.
3.2 Buyer shall deliver advance written notice to the Seller of its intention to
enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business
day prior to any entry onto the Property. Such notice of entry shall include the proposed dates
and times of such entry, and the nature, specific location and scope of any test, investigation, or
other activity upon the Property. Seller and it representatives shall have the right to accompany
and observe all of Buyer's and its Representatives' activities on the Property.
3.3 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services, and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.4 Buyer and its Representatives shall promptly notify the Seller of any
discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and/or use of the Property under this Agreement.
3.5 Buyer and its Representatives shall remove from the Property any wastes
and Hazardous Materials used in or generated by the activities of Buyer or its Representatives
on the Property no later than the date of completion of their environmental investigation
activities and operations on the Property.
3.6 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep
the Property, and any improvements and personalty thereon, in good order and repair and safe
condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and
expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot be repaired,
Buyer shall replace such damaged or altered property to the extent possible.
3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
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successors, and assigns (individually as "lndemnitee" and collectively, "lndemnitees"), free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other
professionals, and all costs associated therewith, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or
omission of Buyer or any of its Representatives adsing or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to entry upon the Property pursuant to this
Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on
the comparative negligence, gross negligence or willful misconduct of such Indemnitee.
4. ESCROW.
4.1 Agreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company, 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956,
Attention: Debbie Newton (dnewton@firstam.com) ("Escrow Holder"), within five (5) business
days after the execution of this Agreement by Buyer and Seller by depositing an executed copy
or executed counterparts of this Agreement with Escrow Holder. This document shall be
considered as the escrow instructions between the parties, with such further instructions as
Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If
Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare
such escrow instructions on its usual form for the purchase and sale of the Property upon the
terms and provisions hereof. Provided such further escrow instructions are consistent with this
Agreement, they shall be promptly signed by Buyer and Seller within five (5) business days after
delivery thereof to each party. The further escrow instructions shall incorporate each and every
term of this Agreement and shall provide that in the event of any conflict between the terms and
conditions of this Agreement and such further escrow instructions, the terms and conditions of
this Agreement shall control. Escrow Holder shall not be held liable for the sufficiency or
correctness as to form, execution or validity of any instruments deposited in this escrow (other
than those documents prepared by Escrow Holder), or as to identity, authority or rights of any
person executing the same, and Escrow Holder's duties hereunder shall be limited to the
safekeeping of such money, instruments or other documents received by Escrow Holder and for
the disposition or return of same in accordance with the instructions herein. The parties hereto
agree jointly and severally to pay on demand, as well as to indemnify and hold Escrow Holder
harmless from and against, all costs, damages, judgments, reasonable attorneys' fees,
expenses and liabilities of any kind or nature which Escrow Holder may incur or sustain in good
faith in connection with or arising out of this escrow which are not due to Escrow Holder's
negligence or willful misconduct.
4.3 Opening of Escrow. Escrow shall be deemed open on the date of
delivery to the Escrow Holder of a fully executed copy or executed counterparts of this
Agreement.
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4.4 Close of Escrow. Provided ail of Seller's and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before
January 22, 2004 ("Closing Date"). All risk of loss or damage with respect to the Property shall
pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered
to Buyer upon the close of escrow. Notwithstanding anything in this Agreement to the contrary,
escrow shall be deemed automatically terminated if it has not otherwise closed by January 31,
2004, regardless of cause or fault.
4.5 Buyer Required to Deliver. On or before the close of escrow Buyer shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The Purchase Price; and
4.5.2 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow.
4.6 Seller Required to Deliver. Before the close of escrow, Seller shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer;
4.6.2 A non-foreign affidavit with respect to Seller; and
4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
4.7 Conditions to the Close of Escrow. Escrow shall not close unless and
until both parties have deposited with Escrow Holder all sums and documents required to be
deposited as provided in this Agreement. The failure of a party to timely deposit any such sums
and/or documents shall constitute a default by such party. Furthermore, escrow shall not close
unless Seller shall be able to deliver possession of the Property to Buyer free of all tenants,
leases and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer
and its employees, agents, representatives, council members, attorneys, successors and
assigns from and against any and all claims raised after closing by tenants raising or seeking
any rights to relocation assistance or benefits based on their tenancy on the Property prior to
the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to
proceed with the transaction contemplated by this Agreement is subject to the satisfaction, not
later than the date that is fifteen (15) days after the date hereof ("Contingency Date"), of all of
the following conditions precedent, which are for Buyer's benefit and may be waived only by
Buyer:
4.7.1 Seller shall have performed all agreements to be performed by
Seller hereunder;
4.7.2 Seller's representations, warranties and covenants set forth in this
Agreement shall be true and correct as of the Contingency Date, and continue to be true and
correct as of the Closing Date;
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4.7.3 Buyer's approval, in its sole and absolute discretion, of the results
of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or
water contamination tests and analyses as Buyer or its agents, employees or representatives
may, prior to the Closing Date, perform with respect to the Property;
4.7.4 As of the Closing Date, there shall have been no material adverse
changes in the physical condition of the Property, as described in Paragraph 6 or otherwise;
4.7.5 Verification by Buyer that Seller is the owner of record of the
Property and that there are no other owners of record of the Property as of the Closing Date;
4.7.6 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property
to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility
easements of record as are approved by Buyer in its sole and absolute discretion; and
4.7.7 Approval of this Agreement by the City Council of the City of
Temecula.
Neither Buyer nor Seller shall act or fail to act for the purpose of permitting or
causing any closing condition to fail. Waiver of any condition to close of escrow shall not relieve
any party for liability resulting from breach of any representation, warranty, covenant or
agreement under this Agreement. In the event that the conditions to close of escrow are not
timely satisfied for a reason other than a default of Buyer or Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Seller hereunder shall terminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (A) Buyer has had the opportunity to waive any condition for
Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice
from Seller or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not
elect to waive such condition; and
(ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer
in escrow and to return to Seller all funds and documents deposited by Seller in escrow and
which are held by Escrow Holder on the date of the termination (less, in the case of the party
otherwise entitled to such funds, however, the amount of any cancellation charges required to
be paid by such party under Paragraph 4.12 below).
4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds
and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest
available tax information or, at Seller's election, such taxes, liens and assessments may be paid
in full through escrow to the lienholder from the Deposit, so long as the Deposit is sufficient to
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satisfy all outstanding liens. If such liens are paid through escrow, Escrow Holder shall cause
the liens to be discharged and the discharge recorded prior to conveyance of fee title of the
Property to Buyer. Any supplemental or escape real estate taxes and assessments on the
Property attributable to the period prior to the close of escrow shall be paid by Seller outside of
the escrow. All prorations shall be determined on the basis of a 360-day year.
4.10 Costs of Escrow.
4.10.1 Seller shall pay:
(a) The cost of any obligations of Seller hereunder.
4.10.2 Buyer shall pay:
(a)
All escrow fees and costs associated with the purchase of
the subject real property;
(b) The cost of recording the Grant Deed, if any;
(c)
The cost of documentary transfer taxes in connection with
the recordation of the Grant Deed, if any;
(d) The cost of any obligations of Buyer hereunder; and
(e)
Any other closing costs or charges not expressly provided
for herein and customarily paid by a Buyer of real property
in Riverside County, California.
4.11 Broker's Commission. Buyer and Seller represent to one another that no
broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants
and agrees that any broker fee or commission, which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller.
Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives, council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
4.12 Escrow Cancellation Charges. In the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any
other reason, each party shall pay one-half (I/2) of all escrow and title cancellation charges.
5. REPRESENTATIONS AND WARRANTIES BY SELLER.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Seller makes the following representations and warranties,
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
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which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the close of escrow):
5.1 This Agreement has been duly and validly authorized, executed and
delivered by Seller and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Seller;
5.2 There are no suits pending against or affecting or, to the best of Seller's
knowledge, without having made investigation thereof, threatened against the Property or its
use, whether in law or at equity;
5.3 Other than as disclosed in this Agreement, no joinder, consent, or waiver
of or by any third party is necessary to permit the consummation by Seller of the transaction
contemplated pursuant to this Agreement;
5.4 To Seller's best knowledge, there are no materials, reports and
information in Seller's possession relating to the Environmental Condition (any condition that
exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface
strata, surface water, ground water, storm water or sediments) of the Property, and there are no
outstanding environmental remediation orders or decrees (federal or state) regarding the
Property. Seller shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Seller's possession, and any information relating to
the Environmental Condition of the Property of which Seller becomes aware;
5.5 To the best of Seller's knowledge, Seller is not aware of the existence of
any violation of law or violation of governmental regulation with respect to the Property,
including any Environmental Laws, as hereinafter/defined;
5.6 There are no pending, or to the best of Seller's knowledge, without having
made investigation thereof, threatened proceedings in eminent domain, which would affect the
Property, or any portion thereof;
5.7 To the best of Seller's knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any
of the contractors, agents, employees or representatives of Seller or, to the best of Seller's
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Seller's knowledge, there has not been any other activity on the Property which could have
resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any
Environmental Laws, or which could result in any proceeding or inquiry by any authority with
respect thereto;
5.8
Code 1445; and
Seller is not a "foreign person" within the meaning of Internal Revenue
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the Property.
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The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq; asbestos
and asbestos-containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et seq; source material, special nuclear
material, by-product material and any other radioactive materials or radioactive wastes, however
produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982;
chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200
et seq; industrial process and pollution control wastes, whether or not hazardous within the
meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any
substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or
California Code of Civil Procedure Section 736(f)(3); and any other substance or material
regulated by any Environmental Laws.
The term "Environmental Laws" shall mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et seq; the Clean Water Act, 33 U.S.C. Section 1251
et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et seq; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 et seq; the National Environmental Policy Act, 42 U.S.C. Section 4321
et seq; the Noise Control Act, 42 U.S.C. Section 4901 et seq; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et seq; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et seq; as amended by the Hazardous and Solid Waste Amendments of
1954; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq; as
amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning
and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the
Toxic Substances Control Act 15 U.S.C. Section 2601 et seq; the Atomic Energy Act, 42 U.S.C.
Section 2011 et sec~; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
seq; and state and local environmental statutes and ordinances, with implementing regulations
and rules in effect on or prior to the date hereof.
6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR DESTRUCTION.
6.1 If, prior to the close of escrow, any material podion of the Property is
taken or if the access thereto or available parking area therefor is reduced or restricted by
eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated
taking which has not been consummated, other than any such taking prosecuted by or on behalf
of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have
the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to
Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does
not exercise this option to terminate this Agreement, neither party shall have the right to
terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall
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be entitled to receive and keep, all awards for the taking by eminent domain which accrue to
Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without
modification of the terms of this Agreement and without any reduction in the Purchase Price
(except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any eminent domain
proceeding without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
6.2 If, prior to the close of escrow, any material portion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any
earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising
from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller
shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its
sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to terminate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or
destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof,
without modification of the terms of this Agreement and without any reduction in the Purchase
Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any such damage and
destruction without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
8. ATTORNEYS' FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, or in connection with the
Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICES. All notices, requests, demands and other communication given or
required to be given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Buyer:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: John Meyer
Tel: (909) 694-6412
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Fax: (909) 693-3903
With a Copy To:
Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Seller:
The Chilcote Family Limited Partnership
Ronald H. Chilcote
1940 San Remo Drive
Laguna Beach, California 92651
To Escrow Holder:
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Tel: (909) 787-1723
Fax: (909) 784-7956
Attention: Debbie Newton, Title Officer
Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee, if personally delivered,
and on the date indicated in the return receipt or courier's records as the date of delivery or as
the date of first attempted delivery, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 10 by giving notice to the other party and to Escrow
Holder as herein provided.
10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either party without the prior written consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their successors and assigns.
12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged
herein and shall not be effective for any purpose. No provision of this Agreement may be
amended, supplemented or in any way modified except by an agreement in writing signed by
the parties hereto or their respective successors in interest and expressly stating that it is an
amendment of this Agreement.
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13. ENFORCEMENT Of AGREEMENT BY SELLER. If the sale of the Property is
not consummated as a result of the Buyer's material default hereunder, then Seller may enforce
its rights hereunder by an action against Buyer for damages, resulting from the material breach
of this Agreement by Buyer.
14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights
granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if
there is a breach by Seller of any material provision of this Agreement, Buyer would not have
any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder
may be enforced by an action for specific performance and such other equitable or legal relief
as is provided under the laws of the State of California.
15. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this Agreement.
16. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terms.
18. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is
intended to confer upon any person, other than the parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEVERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by
a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes
aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer of
this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein,
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which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing
and returning to Seller a counterpart of this Agreement on or before December 8, 2003. Seller
understands and agrees that Buyer is a governmental entity which must schedule and hold one
or more meetings of its governing body in order to authorize Buyer's acceptance of this offer
and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the
City Council of the City of Temecula and its governing body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code
Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is
terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's
liability in inverse condemnation, for precondemnation damages or otherwise, and may not be
used as an admission of value in any eminent domain or other proceeding.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
"SELLER .... BUYER"
THE CHILCOTE FAMILY LIMITED
PARTNERSHIP
THE CITY OF TEMECULA, a municipal
corporation
By:.
Jeff Stone, Mayor
By:
RONALD H. CHILCOTE
Attest:
Susan Jones, City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
LOT 7 BLOCK 4 THOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 726 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
TOGETHER WITH THAT PORTION OF MAIN STREET ABANDONED BY
RESOLUTION NO. 75-104, RECORDED APRIL 23, 1975 AS INSTRUMENT NO. 4649',
OFFICIAL RECORDS.
ALSO TOGETHER WITH THE SOUTHERLY 10 FEET OF THE ALLEY ADJACENT TO
THE NORTH, AS ABANDONED BY RESOLUTION NO. 79-68, RECORDED APRIL 23,
1979 AS INSTRUMENT NO. 80863, OFFICIAL RECORDS.
A.P.N 922-032-020
12012-0001~749075vl.doc A-1 11104103
RESOLUTION NO. RDA 03- __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF MAIN AND
MERCEDES STREET (APN 922-032-015) IN THE CITY OF
TEMECULA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Temecula herebyfinds, determines and declares
that:
a. The City is currently implementing the Redevelopment Plan for
Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of
Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and
subsequently approved and transferred to the Redevelopment Agency of the City of
Temecula on April 9, 1991 (the "Plan").
b. The City proposes to purchase the property described in the "Purchase and
Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located at the
northeast corner of Main and Mercedes Street (APN 922-032-015) in the City of Temecula
for redevelopment purposes consistent with the Agency authority under the Plan and the
Community Redevelopment Act, Health and Safety Code Section 33000 et seq.
c. The Agreement is consistent with the Plan and with the Implementation Plan
adopted by the Agency.
d. The City Council has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the 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.
e. This action is being undedaken pursuant to the Plan for which a full and
complete Environmental Impact Report was prepared and certified prior to adoption of the
Plan. Moreover the acquisition of property by itself will have no impact on the environment
as it is simply the change in ownership of the property without a change in the physical
condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162
are found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal.
Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental
Impact Report is required for the subject agreement.
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Section 2. The City Council hereby approves that certain "Purchase and Sale Agreement and
Escrow Instructions" between the City of Temecula, a public body corporate and politic, and Corrine
Corwin and Sheila Joy Schwartz, Successor Co-Trustees of the Dolinko Family Trust Dated
December 17, 1984, which Purchase Agreement is dated as of December 16, 2003. The Mayor of
the City of Temecula is hereby authorized and directed to execute the Agreement on behalf of the
City.
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PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this
16th day of December, 2003.
ATTEST:
Jeff 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 Resolution No. RDA 03- was duly and regularly adopted by the City Council of the City
of Temecula at a regular meeting thereof held on the 16th day of December, 2003, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Attention: Debbie Newton, Title Officer
Re: Escrow No.:
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this "Agreement") dated as of December._, 2003, is entered into by and between CORINNE
CORWIN AND SHEILA JOY SCHWARTZ, Successor Co-Trustees of the Dolinko Family Trust
Dated December 17, 1984 ("Seller"), and the CITY OF TEMECULA, a public body, corporate
and politic ("Buyer"), upon the following terms and conditions:
1. SALE AND PURCHASE PRICE.
1.1 Sale and Purchase. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller good and marketable fee simple title to that certain real property of
approximately 8,000 square feet identified as Assessor's Parcel Number 922-032-015, located
in the City of Temecula, County of Riverside, State of California, and more particularly described
on Exhibit "A" attached hereto, together with all easements, privileges, permits, licenses,
entitlements, and other rights appurtenant thereto ("Real Property"), and all buildings, fixtures,
equipment, structures, parking areas, landscaping, appurtenances and other improvements
constructed or situated on the Real Property and owned by Seller ("Improvements") (the Real
Property and Improvements hereinafter collectively "Property"), for the price and upon all of the
terms and conditions set forth herein. Buyer is purchasing the Property for a public purpose,
namely for redevelopment and all uses necessary or convenient thereto.
1.2 Purchase Price. The purchase price ("Purchase Price") for the Property
shall be One Hundred Nineteen Thousand Dollars ($119,000), payable in cash. The purchase
price is broken down as follows: Land Value - $119,000. Within five (5) business days after the
date of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined) cash in the
amount of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a cashier's check,
by a wire transfer, or other form acceptable to the Escrow Holder. The Deposit shall be placed
in an interest-bearing account and all interest accrued thereon shall increase and become a part
of the Deposit. On the close of escrow, the Deposit shall be applied toward the cash payment
of the Purchase Price. Prior to the close of escrow, the Deposit shall be fully refundable to
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Buyer in the event this Agreement is terminated and Buyer is the non-defaulting party. The
remaining balance of the cash payment of the Purchase Price shall be deposited by Buyer into
Escrow in the form of a cashier's check, wire transfer, or other form acceptable to the Escrow
Holder, prior to the close of escrow.
1.3 No Relocation Assistance. Seller hereby acknowledges and agrees that
the Property is owner occupied, and that the purchase and sale of the Property is being made in
the course of voluntary negotiations between Seller and Buyer resulting from Seller's having
offered the Property for sale. Seller shall have no further obligation to Buyer under the State
Eminent Domain Law or under the Relocation Assistance and Real Property Acquisition statutes
and guidelines, including but not limited to California Government Code Section 7260 et seq.
and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby
waives any such assistance or benefits if applicable. Seller hereby further waives any and all
claims it may have now or in the future for compensation for relocation assistance, relocation
benefits, pre-condemnation damages, compensation for property or for loss of goodwill under
California Code of Civil Procedure Section 1263.510 et seq. or any other applicable ~aw.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an
ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph
2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American
Title Company, 3625 Fourteenth Street, Riverside, California 92501, (909) 787-1723; fax:
(909) 784-7956, Title Officer Debbie Newton ("Title Company'), with liability in the full amount of
the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens
and encumbrances and other matters affecting title to the Property, except:
2.1.1 Non-delinquent real property taxes; and
2.1.2 Such conditions, covenants, restrictions, and utility easements of
record as are approved by Buyer in its sole and absolute discretion. Notwithstanding anything
in the foregoing to the contrary, Buyer acknowledges approval of the following exceptions listed
in Schedule "B" of the Old Republic Title Company Preliminary Report dated as of October 28,
2003, Order No. 2607019255-55 (the "Preliminary Report"): Items 2 through 4 and 6.
2.2 Acts After Date of Aqreement. During the period from the date of this
Agreement through the close of escrow, Seller shall not record, or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
Property without the prior written consent of the Buyer, which consent shall not be unreasonably
withheld.
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2.3 Option for ALTA Coveraqe. Buyer shall have the option of obtaining an
ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA
Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most
recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended
Coverage Form Policy of Title Insurance shall be borne by Buyer.
3. RIGHT OF ENTRY.
3.1 Seller hereby grants Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives") the right of entry to the Property at reasonable
times for the purpose of conducting soils and geological investigation and testing for toxic or
hazardous substances and other contamination. Such investigation shall be at Buyer's
expense.
3.2 Buyer shall deliver advance written notice to the Seller of its intention to
enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business
day prior to any entry onto the Property. Such notice of entry shall include the proposed dates
and times of such entry, and the nature, specific location and scope of any test, investigation, or
other activity upon the Property. Seller and it representatives shall have the right to accompany
and observe all of Buyer's and its Representatives' activities on the Property.
3.3 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services, and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.4 Buyer and its Representatives shall promptly notify the Seller of any
discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and/or use of the Property under this Agreement.
3.5 Buyer and its Representatives shall remove from the Property any wastes
and Hazardous Materials used in or generated by the activities of Buyer or its Representatives
on the Property no later than the date of completion of their environmental investigation
activities and operations on the Property.
3.6 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep
the Property, and any improvements and personalty thereon, in good order and repair and safe
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condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and
expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot be repaired,
Buyer shall replace such damaged or altered property to the extent possible.
3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
successors, and assigns (individually as "lndemnitee" and collectively, "lndemnitees"), free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other
professionals, and all costs associated therewith, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or
omission of Buyer or any of its Representatives adsing or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to entry upon the Property pursuant to this
Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on
the comparative negligence, gross negligence or willful misconduct of such Indemnitee.
4. ESCROW.
4.1 Agreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company, 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956,
Attention: Debbie Newton (dnewton@firstam.com) ("Escrow Holder"), within five (5) business
days after the execution of this Agreement by Buyer and Seller by depositing an executed copy
or executed counterparts of this Agreement with Escrow Holder. This document shall be
considered as the escrow instructions between the parties, with such further instructions as
Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If
Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare
such escrow instructions on its usual form for the purchase and sale of the Property upon the
terms and provisions hereof. Provided such further escrow instructions are consistent with this
Agreement, they shall be promptly signed by Buyer and Seller within five (5) business days after
delivery thereof to each party. The further escrow instructions shall incorporate each and every
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term of this Agreement and shall provide that in the event of any conflict between the terms and
conditions of this Agreement and such further escrow instructions, the terms and conditions of
this Agreement shall control. Escrow Holder shall not be held liable for the sufficiency or
correctness as to form, execution or validity of any instruments deposited in this escrow (other
than those documents prepared by Escrow Holder), or as to identity, authority or rights of any
person executing the same, and Escrow Holder's duties hereunder shall be limited to the
safekeeping of such money, instruments or other documents received by Escrow Holder and for
the disposition or return of same in accordance with the instructions herein. The parties hereto
agree jointly and severally to pay on demand, as well as to indemnify and hold Escrow Holder
harmless from and against, all costs, damages, judgments, reasonable attorneys' fees,
expenses and liabilities of any kind or nature which Escrow Holder may incur or sustain in good
faith in connection with or arising out of this escrow which are not due to Escrow Holder's
negligence or willful misconduct.
4.3 Openinq of Escrow. Escrow shall be deemed open on the date of
delivery to the Escrow Holder of a fully executed copy or executed counterparts of this
Agreement.
4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before
January 22, 2004 ("Closing Date"). All risk of loss or damage with respect to the Property shall
pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered
to Buyer upon the close of escrow. Notwithstanding anything in this Agreement to the contrary,
escrow shall be deemed automatically terminated if it has not otherwise closed by January 31,
2004, regardless of cause or fault.
4.5 Buyer Required to Deliver. On or before the close of escrow Buyer shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The Purchase Price; and
4.5.2 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow.
4.6 Seller Required to Deliver. Before the close of escrow, Seller shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer;
4.6.2 A non-foreign affidavit with respect to Seller; and
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4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
4.7 Conditions to the Close of Escrow. Escrow shall not close unless and
until both parties have deposited with Escrow Holder all sums and documents required to be
deposited as provided in this Agreement. The failure of a party to timely deposit any such sums
and/or documents shall constitute a default by such party. Furthermore, escrow shall not close
unless Seller shall be able to deliver possession of the Property to Buyer free of all tenants,
leases and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer
and its employees, agents, representatives, council members, attorneys, successors and
assigns from and against any and all claims raised after closing by tenants raising or seeking
any rights to relocation assistance or benefits based on their tenancy on the Property prior to
the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to
proceed with the transaction contemplated by this Agreement is subject to the satisfaction, not
later than the date that is fifteen (15) days after the date hereof ("Contingency Date"), of all of
the following conditions precedent, which are for Buyer's benefit and may be waived only by
Buyer:
Seller hereunder;
4.7.1 Seller shall have performed all agreements to be performed by
4.7.2 Seller's representations, warranties and covenants set forth in this
Agreement shall be true and correct as of the Contingency Date, and continue to be true and
correct as of the Closing Date;
4.7.3 Buyer's approval, in its sole and absolute discretion, of the results
of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or
water contamination tests and analyses as Buyer or its agents, employees or representatives
may, prior to the Closing Date, perform with respect to the Property;
4.7.4 As of the Closing Date, there shall have been no material adverse
changes in the physical condition of the Property, as described in Paragraph 6 or otherwise;
4.7.5 Verification by Buyer that Seller is the owner of record of the
Property and that there are no other owners of record of the Property as of the Closing Date;
4.7.6 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property
to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility
easements of record as are approved by Buyer in its sole and absolute discretion; and
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4.7.7 Approval of this Agreement by the City Council of the City of
Temecula.
Neither Buyer nor Seller shall act or fail to act for the purpose of permitting or
causing any closing condition to fail. Waiver of any condition to close of escrow shall not relieve
any party for liability resulting from breach of any representation, warranty, covenant or
agreement under this Agreement. In the event that the conditions to close of escrow are not
timely satisfied for a reason other than a default of Buyer or Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Seller hereunder shall terminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (A) Buyer has had the opportunity to waive any condition for
Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice
from Seller or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not
elect to waive such condition; and
(ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer
in escrow and to return to Seller all funds and documents deposited by Seller in escrow and
which are held by Escrow Holder on the date of the termination (less, in the case of the party
otherwise entitled to such funds, however, the amount of any cancellation charges required to
be paid by such party under Paragraph 4.12 below).
4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds
and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest
available tax information or, at Seller's election, such taxes, liens and assessments may be paid
in full through escrow to the lienholder from the Deposit, so long as the Deposit is sufficient to
satisfy all outstanding liens. If such liens are paid through escrow, Escrow Holder shall cause
the liens to be discharged and the discharge recorded prior to conveyance of fee title of the
Property to Buyer. Any supplemental or escape real estate taxes and assessments on the
Property attributable to the period prior to the close of escrow shall be paid by Seller outside of
the escrow. All prorations shall be determined on the basis of a 360-day year.
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4.10 Costs of Escrow.
4.10.1 Seller shall pay:
(a) The cost of any obligations of Seller hereunder.
4.10.2 Buyer shall pay:
(a)
All escrow fees and costs associated with the purchase of
the subject real property;
(b) The cost of recording the Grant Deed, if any;
(c)
The cost of documentary transfer taxes in connection with
the recordation of the Grant Deed, if any;
(d) The cost of any obligations of Buyer hereunder; and
(e)
Any other closing costs or charges not expressly provided
for herein and customarily paid by a Buyer of real property
in Riverside County, California.
4.11 Broker's Commission. Buyer and Seller represent to one another that no
broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants
and agrees that any broker fee or commission, which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller.
Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives, council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
4.12 Escrow Cancellation Char.qes. in the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any
other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges.
5. REPRESENTATIONS AND WARRANTIES BY SELLER.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Seller makes the following representations and warranties,
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
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which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the close of escrow):
5.1 This Agreement has been duly and validly authorized, executed and
delivered by Seller and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Seller;
5.2 There are no suits pending against or affecting or, to the best of Seller's
knowledge, without having made investigation thereof, threatened against the Property or its
use, whether in law or at equity;
5.3 Other than as disclosed in this Agreement, no joinder, consent, or waiver
of or by any third party is necessary to permit the consummation by Seller of the transaction
contemplated pursuant to this Agreement;
5.4 To Seller's best knowledge, there are no materials, reports and
information in Seller's possession relating to the Environmental Condition (any condition that
exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface
strata, surface water, ground water, storm water or sediments) of the Property, and there are no
outstanding environmental remediation orders or decrees (federal or state) regarding the
Property. Seller shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Seller's possession, and any information relating to
the Environmental Condition of the Property of which Seller becomes aware;
5.$ To the best of Seller's knowledge, Seller is not aware of the existence of
any violation of law or violation of governmental regulation with respect to the Property,
including any Environmental Laws, as hereinafter/defined;
5.6 There are no pending, or to the best of Seller's knowledge, without having
made investigation thereof, threatened proceedings in eminent domain, which would affect the
Property, or any portion thereof;
5.7 To the best of Seller's knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any
of the contractors, agents, employees or representatives of Seller or, to the best of Seller's
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Seller's knowledge, there has not been any other activity on the Property which could have
resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any
Environmental Laws, or which could result in any proceeding or inquiry by any authority with
respect thereto;
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5.8
Code 1445; and
Seller is not a "foreign person" within the meaning of Internal Revenue
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the Property.
The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq; asbestos
and asbestos-containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et seq; source material, special nuclear
material, by-product material and any other radioactive materials or radioactive wastes, however
produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982;
chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200
et seq; industrial process and pollution control wastes, whether or not hazardous within the
meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any
substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or
California Code of Civil Procedure Section 736(f)(3); and any other substance or material
regulated by any Environmental Laws.
The term "Environmental Laws" shall mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et seq; the Clean Water Act, 33 U.S.C. Section 1251
et seq; and the Water Quality Act of 1967; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et seq; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 _et seq; the National Environmental Policy Act, 42 U.S.C. Section 4321
et seq; the Noise Control Act, 42 U.S.C. Section 4901 et seq; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et seq; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et seq; as amended by the Hazardous and Solid Waste Amendments of
1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq; as
amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning
and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the
Toxic Substances Control Act 15 U.S.C. Section 2601 et seq; the Atomic Energy Act, 42 U.S.C.
Section 2011 et seq; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
seq; and state and local environmental statutes and ordinances, with implementing regulations
and rules in effect on or prior to the date hereof.
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6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR DESTRUCTION.
6.1 If, prior to the close of escrow, any material portion of the Property is
taken or if the access thereto or available parking area therefor is reduced or restricted by
eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated
taking which has not been consummated, other than any such taking prosecuted by or on behalf
of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have
the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to
Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does
not exercise this option to terminate this Agreement, neither party shall have the right to
terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall
be entitled to receive and keep, all awards for the taking by eminent domain which accrue to
Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without
modification of the terms of this Agreement and without any reduction in the Purchase Price
(except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any eminent domain
proceeding without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
6.2 If, prior to the close of escrow, any material portion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any
earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising
from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller
shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its
sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to terminate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or
destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof,
without modification of the terms of this Agreement and without any reduction in the Purchase
Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any such damage and
destruction without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
8. ATTORNEYS' FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, or in connection with the
11
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Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICES. All notices, requests, demands and other communication given or
required to be given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Buyer:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: John Meyer
Tel: (909) 694-6412
Fax: (909) 693-3903
With a Copy To:
Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Seller:
Corinne Corwin
Sheila Joy Schwartz
11920 Montana Avenue
Los Angeles, California 90049
To Escrow Holder:
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Tel: (909) 787-1723
Fax: (909) 784-7956
Attention: Debbie Newton, Title Officer
12
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Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee, if personally delivered,
and on the date indicated in the return receipt or courier's records as the date of delivery or as
the date of first attempted delivery, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 10 by giving notice to the other party and to Escrow
Holder as herein provided.
10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either party without the prior written consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their successors and assigns.
12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged
herein and shall not be effective for any purpose. No provision of this Agreement may be
amended, supplemented or in any way modified except by an agreement in writing signed by
the parties hereto or their respective successors in interest and expressly stating that it is an
amendment of this Agreement.
13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is
not consummated as a result of the Buyer's material default hereunder, then Seller may enforce
its rights hereunder by an action against Buyer for damages, resulting from the material breach
of this Agreement by Buyer.
14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights
granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if
there is a breach by Seller of any material provision of this Agreement, Buyer would not have
any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder
may be enforced by an action for specific per[ormance and such other equitable or legal relief
as is provided under the laws of the State of California.
15. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this Agreement.
16. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
13
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17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terms.
18. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is
intended to confer upon any person, other than the parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEVERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by
a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes
aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer of
this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein,
which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing
and returning to Seller a counterpart of this Agreement on or before December 15, 2003. Seller
understands and agrees that Buyer is a governmental entity which must schedule and hold one
or more meetings of its governing body in order to authorize Buyer's acceptance of this offer
and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the
City Council of the City of Temecula and its governing body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code
Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is
terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's
liability in inverse condemnation, for precondemnation damages or otherwise, and may not be
used as an admission of value in any eminent domain or other proceeding.
14
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
"SELLER .... BUYER"
CORINNE CORWlN & SHEILA JOY
SCHWARTZ, Successor Co-Trustees
Of the Dolinko Family Trust Dated
December 17, 1984
THE CITY OF TEMECULA, a municipal
corporation
By:
Jeff Stone, Mayor
By:
CORINNE CORWlN
By:
SHEILAJOY SCHWARTZ
Attest:
Susan Jones, City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
15
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
LOTS I AND 2 IN BLOCK 4, TOWNSITE OF TEMECULA, IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 15 PAGE(S) 726 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF RIVERSIDE COUNTY, TOGETHER WITH THE NORTHWESTERLY
10.00 FEET OF MAIN STREET, AS ABANDONED BY RESOLUTION NO. 75-104 OF
THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, A CERTIFIED
COPY OF WHICH WAS RECORDED APRIL 23, 1975 AS INSTRUMENT NO. 46491.
ALSO, TOGETHER WITH THAT PORTION OF THE ALLEY, AS ABANDONED BY
RESOLUTION NO. 79-68, OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
RIVERSIDE, WHICH WAS RECORDED APRIL 23, 1979 AS INSTRUMENT NO. 80863,
OFFICIAL RECORDS.
A.P.N. 922-032-015
12012-0001\749075vi.doc A-1 11/04/03
RESOLUTION NO. RDA 03- __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED ON THE NORTHSIDE OF THIRD STREET, EAST
OF MERCEDES STREET (APN 922-041-014) IN THE CITY OF
TEMECULA
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 City is currently implementing the Redevelopment Plan for
Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of
Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and
subsequently approved and transferred to the Redevelopment Agency of the City of
Temecula on April 9, 1991 (the "Plan").
b. The City proposes to purchase the property described in the "Purchase and
Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located on the
northside of Third Street, East of Mercedes Street (APN 922-041-014) in the City of
Temecula for redevelopment purposes consistent with the Agency authority under the Plan
and the Community Redevelopment Act, Health and Safety Code Section 33000 et seq.
c. The Agreement is consistent with the Plan and with the Implementation Plan
adopted by the Agency.
d. The City Council has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the 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.
e. This action is being undertaken pursuant to the Plan for which a full and
complete Environmental Impact Report was prepared and certified prior to adoption of the
Plan. Moreover the acquisition of property by itself will have no impact on the environment
as it is simply the change in ownership of the property without a change in the physical
condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162
ara found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal.
Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental
Impact Report is required for the subject agreement.
R:\OIdtovni\OTACQ~Acquisition Resos 1216~Restimberlake.doc
Section 2. The City Council hereby approves that certain "Purchase and Sale Agreement and
Escrow Instructions" between the City of Temecula, a public body corporate and politic, and Robert
Timberlake and Marsha L Timberlake, As Trustees of the Timberlake Revocable Living Trust
Under Declaration of Trust Dated May 12, 1992 which Purchase Agreement is dated as of
December 16, 2003. The Mayor of the City of Temecula is hereby authorized and directed to
execute the Agreement on behalf of the City.
R:\Oldtown\OTACQ~Acquisition Resos 1216~Restimberlake.doc
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this
16t' day of December, 2003.
ATTEST:
Jeff 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 Resolution No. RDA 03- was duly and regularly adopted by the City Council of the City
of Temecula at a regular meeting thereof held on the 16th day of December, 2003, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Attention: Debbie Newton, Title Officer
Re: Escrow No.:
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this "Agreement") dated as of December __, 2003, is entered into by and between ROBERT
TIMBERLAKE AND MARSHAL. TIMBERLAKE, As Trustees of the Timberlake Revocable
Living Trust Under Declaration of Trust Dated May 12, 1992 ("Seller"), and the CITY OF
TEMECULA, a public body, corporate and politic ("Buyer"), upon the following terms and
conditions:
1. SALE AND PURCHASE PRICE.
1.1 Sale and Pumhase. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller good and marketable fee simple title to that certain real property of
approximately 8,000 square feet identified as Assessor's Parcel Number 922-041-014, located
in the City of Temecula, County of Riverside, State of California, and more particularly described
on Exhibit "A" attached hereto, together with all easements, privileges, permits, licenses,
entitlements, and other rights appurtenant thereto ("Real Property"), and all buildings, fixtures,
equipment, structures, parking areas, landscaping, appurtenances and other improvements
constructed or situated on the Real Property and owned by Seller ("Improvements") (the Real
Property and Improvements hereinafter collectively "Property"), for the price and upon all of the
terms and conditions set forth herein. Buyer is purchasing the Property for a public purpose,
namely for redevelopment and all uses necessary or convenient thereto.
1.2 Purchase Price. The purchase price ("Purchase Price") for the Property
shall be One Hundred Eight Thousand Dollars ($108,000), payable in cash. The purchase price
is broken down as follows: Land Value - $108,000. Within five (5) business days after the date
of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined) cash in the amount
of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a cashier's check, by a wire
transfer, or other form acceptable to the Escrow Holder. The Deposit shall be placed in an
interest-bearing account and all interest accrued thereon shall increase and become a part of
the Deposit. On the close of escrow, the Deposit shall be applied toward the cash payment of
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the Purchase Price. Prior to the close of escrow, the Deposit shall be fully refundable to Buyer
in the event this Agreement is terminated and Buyer is the non-defaulting party. The remaining
balance of the cash payment of the Purchase Price shall be deposited by Buyer into Escrow in
the form of a cashier's check, wire transfer, or other form acceptable to the Escrow Holder, prior
to the close of escrow.
1.3 No Relocation Assistance. Seller hereby acknowledges and agrees that
the Property is owner occupied, and that the purchase and sale of the Property is being made in
the course of voluntary negotiations between Seller and Buyer resulting from Seller's having
offered the Property for sale. Seller shall have no further obligation to Buyer under the State
Eminent Domain Law of under the Relocation Assistance and Real Property Acquisition statutes
and guidelines, including but not limited to California Government Code Section 7260 et seq.
and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby
waives any such assistance or benefits if applicable. Seller hereby further waives any and all
claims it may have now or in the future for compensation for relocation assistance, relocation
benefits, pre-condemnation damages, compensation for properly or for loss of goodwill under
California Code of Civil Procedure Section 1263.510 et seq. or any other applicable law.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an
ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph
2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American
Title Company, 3625 Fourteenth Street, Riverside, California 92501, (909) 787-1723; fax:
(909) 784-7956, Title Officer Debbie Newton ("Title Company"), with liability in the full amount of
the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens
and encumbrances and other matters affecting title to the Property, except:
2.1.1 Non-delinquent real property taxes; and
2.1.2 Such conditions, covenants, restrictions, and utility easements of
record as are approved by Buyer in its sole and absolute discretion. Notwithstanding anything
in the foregoing to the contrary, Buyer acknowledges approval of the following exceptions listed
in Schedule "B" of the Old Republic Title Company Preliminary Report dated as of October 29,
2003, Order No. 2607019198-55 (the "Preliminar~ Report"): Items 2 through 9, 11 and 12.
2.2 Acts After Date of Agreement. During the period from the date of this
Agreement through the close of escrow, Seller shall not record, or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
Property without the prior written consent of the Buyer, which consent shall not be unreasonably
withheld.
2
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2.3 Option for ALTA Coverage. Buyer shall have the option of obtaining an
ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA
Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most
recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended
Coverage Form Policy of Title Insurance shall be borne by Buyer.
3. RIGHT OF ENTRY.
3.1 Seller hereby grants Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives") the right of entry to the Property at reasonable
times for the purpose of conducting soils and geological investigation and testing for toxic or
hazardous substances and other contamination. Such investigation shall be at Buyer's
expense.
3.2 Buyer shall deliver advance written notice to the Seller of its intention to
enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business
day prior to any entry onto the Property. Such notice of entry shall include the proposed dates
and times of such entry, and the nature, specific location and scope of any test, investigation, or
other activity upon the Property. Seller and it representatives shall have the right to accompany
and observe all of Buyer's and its Representatives' activities on the Property.
3.3 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services, and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.4 Buyer and its Representatives shall promptly notify the Seller of any
discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and/or use of the Property under this Agreement.
3.5 Buyer and its Representatives shall remove from the Property any wastes
and Hazardous Materials used in or generated by the activities of Buyer or its Representatives
on the Property no later than the date of completion of their environmental investigation
activities and operations on the Property.
3.6 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep
the Property, and any improvements and personalty thereon, in good order and repair and safe
3
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condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and
expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot be repaired,
Buyer shall replace such damaged or altered property to the extent possible.
3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
successors, and assigns (individually as "lndemnitee" and collectively, "lndemnitees"), free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other
professionals, and all costs associated therewith, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or
omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to entry upon the Property pursuant to this
Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on
the comparative negligence, gross negligence or willful misconduct of such Indemnitee.
4. ESCROW.
4.1 A,qreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company, 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956,
Attention: Debbie Newton (dnewton@firstam.com) ("Escrow Holder"), within five (5) business
days after the execution of this Agreement by Buyer and Seller by depositing an executed copy
or executed counterparts of this Agreement with Escrow Holder. This document shall be
considered as the escrow instructions between the parties, with such further instructions as
Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If
Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare
such escrow instructions on its usual form for the purchase and sale of the Property upon the
terms and provisions hereof. Provided such further escrow instructions are consistent with this
Agreement, they shall be promptly signed by Buyer and Seller within five (5) business days after
delivery thereof to each party. The further escrow instructions shall incorporate each and every
4
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term of this Agreement and shall provide that in the event of any conflict between the terms and
conditions of this Agreement and such further escrow instructions, the terms and conditions of
this Agreement shall control. Escrow Holder shall not be held liable for the sufficiency or
correctness as to form, execution or validity of any instruments deposited in this escrow (other
than those documents prepared by Escrow Holder), or as to identity, authority or rights of any
person executing the came, and Escrow Holder's duties hereunder shall be limited to the
safekeeping of such money, instruments or other documents received by Escrow Holder and for
the disposition or return of same in accordance with the instructions herein. The parties hereto
agree jointly and severally to pay on demand, as well as to indemnify and hold Escrow Holder
harmless from and against, all costs, damages, judgments, reasonable attorneys' fees,
expenses and liabilities of any kind or nature which Escrow Holder may incur or sustain in good
faith in connection with or arising out of this escrow which are not due to Escrow Holder's
negligence or willful misconduct.
4.3 Openin,q of Escrow. Escrow shall be deemed open on the date of
delivery to the Escrow Holder of a fully executed copy or executed counterparts of this
Agreement.
4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before
January 22, 2004 ("Closing Date"), All risk of loss or damage with respect to the Property shall
pass from Seller to Buyer at the close of escrow, Possession of the Property shall be delivered
to Buyer upon the close of escrow. Notwithstanding anything in this Agreement to the contrary,
escrow shall be deemed automatically terminated if it has not otherwise closed by January 31,
2004, regardless of cause or fault.
4.5 Buyer Required to Deliver. On or before the close of escrow Buyer shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The Purchase Price; and
4.5.2 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow,
4,6 Seller Required to Deliver. Before the close of escrow, Seller shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer;
4.6.2 A non-foreign affidavit with respect to Seller; and
5
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4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
4.7 Conditions to the Close of Escrow. Escrow shall not close unless and
until both parties have deposited with Escrow Holder all sums and documents required to be
deposited as provided in this Agreement. The failure of a party to timely deposit any such sums
and/or documents shall constitute a default by such party. Furthermore, escrow shall not close
unless Seller shall be able to deliver possession of the Property to Buyer free of all tenants,
leases and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer
and its employees, agents, representatives, council members, attorneys, successors and
assigns from and against any and all claims raised after closing by tenants raising or seeking
any rights to relocation assistance or benefits based on their tenancy on the Property prior to
the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to
proceed with the transaction contemplated by this Agreement is subject to the satisfaction, not
later than the date that is fifteen (15) days after the date hereof ("Contingency Date"), of all of
the following conditions precedent, which are for Buyer's benefit and may be waived only by
Buyer:
4.7.1 Seller shall have performed all agreements to be performed by
Seller hereunder;
4.7.2 Seller's representations, warranties and covenants set forth in this
Agreement shall be true and correct as of the Contingency Date, and continue to be true and
correct as of the Closing Date;
4.7.3 Buyer's approval, in its sole and absolute discretion, of the results
of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or
water contamination tests and analyses as Buyer or its agents, employees or representatives
may, prior to the Closing Date, perform with respect to the Property;
4.7.4 As of the Closing Date, there shall have been no material adverse
changes in the physical condition of the Property, as described in Paragraph 6 or otherwise;
4.7.5 Verification by Buyer that Seller is the owner of record of the
Property and that there are no other owners of record of the Property as of the Closing Date;
4.7.6 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property
to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility
easements of record as are approved by Buyer in its sole and absolute discretion; and
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4.7.7 Approval of this Agreement by the City Council of the City of
Temecula.
Neither Buyer nor Seller shall act or fail to act for the purpose of permitting or
causing any closing condition to fail. Waiver of any condition to close of escrow shall not relieve
any party for liability resulting from breach of any representation, warranty, covenant or
agreement under this Agreement. In the event that the conditions to close of escrow are not
timely satisfied for a reason other than a default of Buyer or Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Seller hereunder shall terminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (A) Buyer has had the opportunity to waive any condition for
Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice
from Seller or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not
elect to waive such condition; and
(ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer
in escrow and to return to Seller all funds and documents deposited by Seller in escrow and
which are held by Escrow Holder on the date of the termination (less, in the case of the party
otherwise entitled to such funds, however, the amount of any cancellation charges required to
be paid by such party under Paragraph 4.12 below).
4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds
and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest
available tax information or, at Seller's election, such taxes, liens and assessments may be paid
in full through escrow to the lienholder from the Deposit, so long as the Deposit is sufficient to
satisfy all outstanding liens. If such liens are paid through escrow, Escrow Holder shall cause
the liens to be discharged and the discharge recorded prior to conveyance of fee title of the
Property to Buyer. Any supplemental or escape real estate taxes and assessments on the
Property attributable to the period prior to the close of escrow shall be paid by Seller outside of
the escrow. All prorations shall be determined on the basis of a 360-day year.
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4.10 Costs of Escrow.
4.10.1 Seller shall pay:
(a) The cost of any obligations of Seller hereunder.
4.10.2 Buyer shall pay:
(a)
All escrow fees and costs associated with the purchase of
the subject real property;
(b) The cost of recording the Grant Deed, if any;
(c)
The cost of documentary transfer taxes in connection with
the recordation of the Grant Deed, if any;
(d) The cost of any obligations of Buyer hereunder; and
(e)
Any other closing costs or charges not expressly provided
for herein and customarily paid by a Buyer of real property
in Riverside County, California.
4.11 Broker's Commission. Buyer and Seller represent to one another that no
broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants
and agrees that any broker fee or commission, which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller.
Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives, council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
4.12 Escrow Cancellation Charqes. In the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any
other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges.
5. REPRESENTATIONS AND WARRANTIES BY SELLER.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Seller makes the following representations and warranties,
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
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which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the close of escrow):
5.1 This Agreement has been duly and validly authorized, executed and
delivered by Seller and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Seller;
5.2 There are no suits pending against or affecting or, to the best of Seller's
knowledge, without having made investigation thereof, threatened against the Property or its
use, whether in law or at equity;
5.3 Other than as disclosed in this Agreement, no joinder, consent, or waiver
of or by any third party is necessary to permit the consummation by Seller of the transaction
contemplated pursuant to this Agreement;
5.4 To Seller's best knowledge, there are no materials, reports and
information in Seller's possession relating to the Environmental Condition (any condition that
exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface
strata, surface water, ground water, storm water or sediments) of the Property, and there are no
outstanding environmental remediation orders or decrees (federal or state) regarding the
Property. Seller shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Seller's possession, and any information relating to
the Environmental Condition of the Property of which Seller becomes aware;
5.5 To the best of Seller's knowledge, Seller is not aware of the existence of
any violation of law or violation of governmental regulation with respect to the Property,
including any Environmental Laws, as hereinafted defined;
5.6 There are no pending, or to the best of Seller's knowledge, without having
made investigation thereof, threatened proceedings in eminent domain, which would affect the
Property, or any portion thereof;
5.7 To the best of Seller's knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any
of the contractors, agents, employees or representatives of Seller or, to the best of Seller's
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Seller's knowledge, there has not been any other activity on the Property which could have
resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any
Environmental Laws, or which could result in any proceeding or inquiry by any authority with
respect thereto;
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5.8 Seller is not a "foreign person" within the meaning of Internal Revenue
Code 1445; and
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the Property.
The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq; asbestos
and asbestos-containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et seq; source material, special nuclear
material, by-product material and any other radioactive materials or radioactive wastes, however
produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982;
chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200
et seq; industrial process and pollution control wastes, whether or not hazardous within the
meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any
substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or
California Code of Civil Procedure Section 736(0(3); and any other substance or material
regulated by any Environmental Laws.
The term "Environmental Laws" shall mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et seq; the Clean Water Act, 33 U.S.C. Section 1251
et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et seq; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 et seq; the National Environmental Policy Act, 42 U.S.C. Section 4321
et seq; the Noise Control Act, 42 U.S.C. Section 4901 et seq; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et seq; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et seq; as amended by the Hazardous and Solid Waste Amendments of
1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq; as
amended by the Supeffund Amendments and Reauthorization Act, the Emergency Planning
and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the
Toxic Substances Control Act 15 U.S.C. Section 2601 et seq; the Atomic Energy Act, 42 U.S.C.
Section 2011 et seq; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
seq; and state and local environmental statutes and ordinances, with implementing regulations
and rules in effect on or prior to the date hereof.
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6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR DESTRUCTION.
6.1 If, prior to the close of escrow, any material portion of the Property is
taken or if the access thereto or available parking area therefor is reduced or restricted by
eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated
taking which has not been consummated, other than any such taking prosecuted by or on behalf
of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have
the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to
Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does
not exercise this option to terminate this Agreement, neither party shall have the right to
terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall
be entitled to receive and keep, all awards for the taking by eminent domain which accrue to
Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without
modification of the terms of this Agreement and without any reduction in the Purchase Price
(except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any eminent domain
proceeding without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
6.2 If, prior to the close of escrow, any material podion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any
earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising
from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller
shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its
sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to terminate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or
destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof,
without modification of the terms of this Agreement and without any reduction in the Purchase
Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any such damage and
destruction without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
8. A'i-I'ORNEYS' FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, or in connection with the
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Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICES. All notices, requests, demands and other communication given or
required to be given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Buyer:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: John Meyer
Tel: (909) 694-6412
Fax: (909) 693-3903
With a Copy To:
Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Seller:
Robert Timberlake & Marsha L. Timberlake, Trustees
40551 Amapola
Murrieta, California 92562
To Escrow Holder:
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Tel: (909) 787-1723
Fax: (909) 784-7956
Attention: Debbie Newton, Title Officer
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Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee, if personally delivered,
and on the date indicated in the return receipt or courier's records as the date of delivery or as
the date of first attempted delivery, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 10 by giving notice to the other party and to Escrow
Holder as herein provided.
10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either party without the prior written consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their successors and assigns.
12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged
herein and shall not be effective for any purpose. No provision of this Agreement may be
amended, supplemented or in any way modified except by an agreement in writing signed by
the parties hereto or their respective successors in interest and expressly stating that it is an
amendment of this Agreement.
13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is
not consummated as a result of the Buyer's material default hereunder, then Seller may enforce
its rights hereunder by an action against Buyer for damages, resulting from the material breach
of this Agreement by Buyer.
14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights
granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if
there is a breach by Seller of any material provision of this Agreement, Buyer would not have
any adequate remedy at law. it is expressly agreed, therefore, that Buyer's rights hereunder
may be enforced by an action for specific performance and such other equitable or legal relief
as is provided under the laws of the State of California.
15. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this Agreement.
16. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
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17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terms.
18. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is
intended to confer upon any person, other than the parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEVERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenfomeable in any respect by
a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes
aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer of
this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein,
which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing
and returning to Seller a counterpart of this Agreement on or before December 18, 2003. Seller
understands and agrees that Buyer is a governmental entity which must schedule and hold one
or more meetings of its governing body in order to authorize Buyer's acceptance of this offer
and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the
City Council of the City of Temecula and its governing body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code
Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is
terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's
liability in inverse condemnation, for precondemnation damages or otherwise, and may not be
used as an admission of value in any eminent domain or other proceeding.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
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day and year first above written.
"SELLER"
ROBERT TIMBERLAKE & MARSHAL
TIMBERLAKE, As Trustees of the Timberlake
Revocable Living Trust Under Declaration of
Trust Dated May 12, 1992
By:
By:
ROBERT TIMBERLAKE
MARSHAL. TIMBERLAKE
"BUYER"
THE CITY OF TEMECULA, a municipal
corporation
By:
Jeff Stone, Mayor
Attest:
Susan Jones, City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
15
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
LOTS 7, 8 AND 9 IN BLOCK 5 OF TEMECULA, IN THE CITY OF TEMECULA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 15 PAGE(S) 726 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
TOGETHER WITH THE SOUTHEASTERLY HALF OF THE UNNAMED ALLEY LYING
ADJACENT TO SAID LAND AS VACATED BY ABANDONMENT RECORDED APRIL
23, 1979 AS INSTRUMENT NO. 80863 OF OFFICIAL RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
EXCEPT THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF
CALIFORNIA BY DOCUMENT RECORDED JULY 12, 1973 AS INSTRUMENT NO.
90987 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
EXCEPT THEREFROM ALL MINERAL, OIL AND GAS RIGHTS BELOW THE DEPTH
OF 500 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF
SURFACE ENTRY.
A.P.N 922-041-014
12012-0001\749075vi.doc A-1 11/04/03
RESOLUTION NO. RDA 03- __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF MERCEDES
AND SECOND STREET (APN 922-071-007) IN THE CITY OF
TEMECULA
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 City is currently implementing the Redevelopment Plan for
Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of
Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and
subsequently approved and transferred to the Redevelopment Agency of the City of
Temecula on April 9, 1991 (the "Plan").
b. The City proposes to purchase the property described in the "Purchase and
Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located on the
southeast corner of Mercedes and Second Street (APN 922-071-007) in the City of
Temecula for redevelopment purposes consistent with the Agency authority under the Plan
and the Community Redevelopment Act, Health and Safety Code Section 33000 et seq.
c. The Agreement is consistent with the Plan and with the Implementation Plan
adopted by the Agency.
d. The City Council has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the 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.
e. This action is being undertaken pursuant to the Plan for which a full and
complete Environmental Impact Report was prepared and certified prior to adoption of the
Plan. Moreover the acquisition of property by itself will have no impact on the environment
as it is simply the change in ownership of the property without a change in the physical
condition ofthe property. None ofthe conditions described in 14 Cal. Admin. Code § 15162
are found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal.
Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental
Impact Report is required for the subject agreement.
R:\Oldtown\OTACQ~Acquisition Rcsos 1216~Resoeigizi.doc
Section 2. The City Council hereby approves that certain "Purchase and Sale Agreement and
Escrow Instructions" between the City of Temecula, a public body corporate and politic, and Donald
P. and Katharine Eigizi, which Purchase Agreement is dated as of December 16, 2003. The Mayor
of the City of Temecula is hereby authorized and directed to execute the Agreement on behalf of the
City.
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PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this
16th day of December, 2003.
ATTEST:
Jeff 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 Resolution No. RDA 03- was duly and regularly adopted by the City Council of the City
of Temecula at a regular meeting thereof held on the 16th day of December, 2003, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Attention: Debbie Newton, Title Officer
Re: Escrow No.:
THiS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this "Agreement") dated as of December __, 2003, is entered into by and between DONALD
EGiZI and KATHARYN I. EGIZI, as Trustees, in trust, U/D/T, dated September 25, 1990 F/BIO
the EGIZl LIVING TRUST (collectively "Seller"), and the CITY OF TEMECULA, a public body,
corporate and politic ("Buyer"), upon the following terms and conditions:
1. SALE AND PURCHASE PRICE.
1.1 Sale and Purchase. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller good and marketable fee simple title to that certain real property of
approximately square feet identified as Assessor's Parcel Number 922-071-007,
located in the City of Temecula, County of Riverside, State of California, and more particularly
described on Exhibit "A" attached hereto, together with all easements, privileges, permits,
licenses, entitlements, and other rights appurtenant thereto ("Real Property"), and all buildings,
fixtures, equipment, structures, parking areas, landscaping, appurtenances and other
improvements constructed or situated on the Real Property and owned by Seller
("Improvements") (the Real Property and Improvements hereinafter collectively "Property"), for
the price and upon all of the terms and conditions set forth herein. Buyer is purchasing the
Property for a public purpose, namely for redevelopment and all uses necessary or convenient
thereto.
1.2 Purchase Price. The purchase price ("Purchase Price") for the Property
shall be One Hundred Four Thousand Dollars ($104,000), payable in cash. The purchase price
is broken down as follows: Land Value - $104,000. Within five (5) business days after the date
of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined) cash in the amount
of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a cashier's check, by a wire
transfer, or other form acceptable to the Escrow Holder. The Deposit shall be placed in an
interest-bearing account and all interest accrued thereon shall increase and become a part of
the Deposit. On the close of escrow, the Deposit shall be applied toward the cash payment of
the Purchase Price. Prior to the close of escrow, the Deposit shall be fully refundable to Buyer
in the event this Agreement is terminated and Buyer is the non-defaulting party. The remaining
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balance of the cash payment of the Purchase Price shall be deposited by Buyer into Escrow in
the form of a cashier's check, wire transfer, or other form acceptable to the Escrow Holder, prior
to the close of escrow.
1.3 No Relocation Assistance. Seller hereby acknowledges and agrees that
the Property is owner occupied, and that the purchase and sale of the Property is being made in
the course of voluntary negotiations between Seller and Buyer resulting from Seller's having
offered the Property for sale. Seller shall have no further obligation to Buyer under the State
Eminent Domain Law or under the Relocation Assistance and Real Property Acquisition statutes
and guidelines, including but not limited to California Government Code Section 7260 et seq.
and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby
waives any such assistance or benefits if applicable. Seller hereby further waives any and all
claims it may have now or in the future for compensation for relocation assistance, relocation
benefits, pre-condemnation damages, compensation for property or for loss of goodwill under
California Code of Civil Procedure Section 1263.510 et seq. or any other applicable law.
2. TITLE:
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an
ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph
2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American
Title Company, 3625 Fourteenth Street, Riverside, California 92501, (909) 787-1723; fax:
(909) 784-7956, Title Officer Debbie Newton ("Title Company"), with liability in the full amount of
the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens
and encumbrances and other matters affecting title to the Property, except:
2.1.1 Non-delinquent real property taxes; and
2.1.2 Such conditions, covenants, restrictions, and utility easements of
record as are approved by Buyer in its sole and absolute discretion. Notwithstanding anything
in the foregoing to the contrary, Buyer acknowledges approval of the following exceptions listed
in Schedule "B" of the Old Republic Title Company Preliminary Report dated as of November
10, 2003, Order No. 2607019692-55 (the "Preliminary Report"): 1, 2, 3, and 4.
2.2 Acts After Date of Aqreement. During the period from the date of this
Agreement through the close of escrow, Seller shall not record, or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
Property without the prior written consent of the Buyer, which consent shall not be unreasonably
withheld.
2.3 Option for ALTA Coverage. Buyer shall have the option of obtaining an
ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA
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Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most
recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended
Coverage Form Policy of Title Insurance shall be borne by Buyer.
3. RIGHT OF ENTRY.
3.1 Seller hereby grants Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives") the right of entry to the Property at reasonable
times for the purpose of conducting soils and geological investigation and testing for toxic or
hazardous substances and other contamination. Such investigation shall be at Buyer's
expense.
3.2 Buyer shall deliver advance written notice to the Seller of its intention to
enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business
day prior to any entry onto the Property. Such notice of entry shall include the proposed dates
and times of such entry, and the nature, specific location and scope of any test, investigation, or
other activity upon the Property. Seller and it representatives shall have the right to accompany
and observe all of Buyer's and its Representatives' activities on the Property.
3.3 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services, and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.4 Buyer and its Representatives shall promptly notify the Seller of any
discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and/or use of the Property under this Agreement.
3.5 Buyer and its Representatives shall remove from the Property any wastes
and Hazardous Materials used in or generated by the activities of Buyer or its Representatives
on the Property no later than the date of completion of their environmental investigation
activities and operations on the Property.
3.6 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep
the Property, and any improvements and personalty thereon, in good order and repair and safe
condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
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including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and
expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot be repaired,
Buyer shall replace such damaged or altered property to the extent possible.
3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
successors, and assigns (individually as "lndemnitee" and collectively, "lndemnitees"), free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other
professionals, and all costs associated therewith, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or
omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to entry upon the Property pursuant to this
Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on
the comparative negligence, gross negligence or willful misconduct of such Indemnitee.
4. ESCROW.
4.1 Agreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company, 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956,
Attention: Debbie Newton (dnewton@firstam.com) ("Escrow Holder"), within five (5) business
days after the execution of this Agreement by Buyer and Seller by depositing an executed copy
or executed counterparts of this Agreement with Escrow Holder. This document shall be
considered as the escrow instructions between the parties, with such further instructions as
Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If
Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare
such escrow instructions on its usual form for the purchase and sale of the Property upon the
terms and provisions hereof. Provided such further escrow instructions are consistent with this
Agreement, they shall be promptly signed by Buyer and Seller within five (5) business days after
delivery thereof to each party. The further escrow instructions shall incorporate each and every
term of this Agreement and shall provide that in the event of any conflict between the terms and
conditions of this Agreement and such further escrow instructions, the terms and conditions of
this Agreement shall control. Escrow Holder shall not be held liable for the sufficiency or
correctness as to form, execution or validity of any instruments deposited in this escrow (other
than those documents prepared by Escrow Holder), or as to identity, authority or rights of any
person executing the same, and Escrow Holder's duties hereunder shall be limited to the
safekeeping of such money, instruments or other documents received by Escrow Holder and for
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the disposition or return of same in accordance with the instructions herein. The parties hereto
agree jointly and severally to pay on demand, as well as to indemnify and hold Escrow Holder
harmless from and against, all costs, damages, judgments, reasonable attorneys' fees,
expenses and liabilities of any kind or nature which Escrow Holder may incur or sustain in good
faith in connection with or arising out of this escrow which are not due to Escrow Holder's
negligence or willful misconduct.
4.3 Opening of Escrow. Escrow shall be deemed open on the date of
delivery to the Escrow Holder of a fully executed copy or executed counterparts of this
Agreement.
4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before
January 22, 2004 ("Closing Date"). All risk of loss or damage with respect to the Property shall
pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered
to Buyer upon the close of escrow. Notwithstanding anything in this Agreement to the contrary,
escrow shall be deemed automatically terminated if it has not otherwise closed by January 31,
2004, regardless of cause or fault.
4.5 Buyer Required to Deliver. On or before the close of escrow Buyer shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The Purchase Price; and
4.5.2 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow.
4.6 Seller Required to Deliver. Before the close of escrow, Seller shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer;
4.6.2 A non-foreign affidavit with respect to Seller; and
4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
4.7 Conditions to the Close of Escrow. Escrow shall not close unless and
until both parties have deposited with Escrow Holder all sums and documents required to be
deposited as provided in this Agreement. The failure of a party to timely deposit any such sums
and/or documents shall constitute a default by such party. Furthermore, escrow shall not close
unless Seller shall be able to deliver possession of the Property to Buyer free of all tenants,
leases and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer
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and its employees, agents, representatives, council members, attorneys, successors and
assigns from and against any and all claims raised after closing by tenants raising or seeking
any rights to relocation assistance or benefits based on their tenancy on the Property prior to
the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to
proceed with the transaction contemplated by this Agreement is subject to the satisfaction, not
later than the date that is fifteen (15) days after the date hereof ("Contingency Date"), of all of
the following conditions precedent, which are for Buyer's benefit and may be waived only by
Buyer:
4.7.1 Seller shall have performed all agreements to be performed by
Seller hereunder;
4.7.2 Seller's representations, warranties and covenants set forth in this
Agreement shall be true and correct as of the Contingency Date, and continue to be true and
correct as of the Closing Date;
4.7.3 Buyer's approval, in its sole and absolute discretion, of the results
of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or
water contamination tests and analyses as Buyer or its agents, employees or representatives
may, prior to the Closing Date, perform with respect to the Property;
4.7.4 As of the Closing Date, there shall have been no material adverse
changes in the physical condition of the Property, as described in Paragraph 6 or otherwise;
4.7.5 Verification by Buyer that Seller is the owner of record of the
Property and that there are no other owners of record of the Property as of the Closing Date;
4.7.6 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property
to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility
easements of record as are approved by Buyer in its sole and absolute discretion; and
4.7.7 Approval of this Agreement by the City Council of the City of
Temecula.
Neither Buyer nor Seller shall act or fail to act for the purpose of permitting or
causing any closing condition to fail. Waiver of any condition to close of escrow shall not relieve
any party for liability resulting from breach of any representation, warranty, covenant or
agreement under this Agreement. In the event that the conditions to close of escrow are not
timely satisfied for a reason other than a default of Buyer or Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Seller hereunder shall terminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (A) Buyer has had the opportunity to waive any condition for
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Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice
from Seller or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not
elect to waive such condition; and
(ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer
in escrow and to return to Seller all funds and documents deposited by Seller in escrow and
which are held by Escrow Holder on the date of the termination (less, in the case of the party
otherwise entitled to such funds, however, the amount of any cancellation charges required to
be paid by such party under Paragraph 4.12 below).
4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds
and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest
available tax information or, at Seller's election, such taxes, liens and assessments may be paid
in full through escrow to the lienholder from the Deposit, so long as the Deposit is sufficient to
satisfy all outstanding liens. If such liens are paid through escrow, Escrow Holder shall cause
the liens to be discharged and the discharge recorded prior to conveyance of fee title of the
Property to Buyer. Any supplemental or escape real estate taxes and assessments on the
Property attributable to the period prior to the close of escrow shall be paid by Seller outside of
the escrow. All prorations shall be determined on the basis of a 360-day year.
4.10 Costs of Escrow.
4.10.1 Seller shall pay:
(a) The cost of any obligations of Seller hereunder.
4.10.2 Buyer shall pay:
(a)
All escrow fees and costs associated with the purchase of
the subject real property;
(b) The cost of recording the Grant Deed, if any;
(c)
The cost of documentary transfer taxes in connection with
the recordation of the Grant Deed, if any;
(d) The cost of any obligations of Buyer hereunder; and
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(e)
Any other closing costs or charges not expressly provided
for herein and customarily paid by a Buyer of real property
in Riverside County, California.
4.11 Broker's Commission. Buyer and Seller represent to one another that no
broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants
and agrees that any broker fee or commission, which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller.
Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives, council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
4.12 Escrow Cancellation Charqes. In the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any
other reason, each party shall pay one-half (I/2) of all escrow and title cancellation charges.
5. REPRESENTATIONS AND WARRANTIES BY SELLER.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Seller makes the following representations and warranties,
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the close of escrow):
5.1 This Agreement has been duly and validly authorized, executed and
delivered by Seller and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Seller;
5.2 There are no suits pending against or affecting or, to the best of Seller's
knowledge, without having made investigation thereof, threatened against the Property or its
use, whether in law or at equity;
5.3 Other than as disclosed in this Agreement, no joinder, consent, or waiver
of or by any third party is necessary to permit the consummation by Seller of the transaction
contemplated pursuant to this Agreement;
5.4 To Seller's best knowledge, there are no materials, reports and
information in Seller's possession relating to the Environmental Condition (any condition that
exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface
strata, surface water, ground water, storm water or sediments) of the Property, and there are no
outstanding environmental remediation orders or decrees (federal or state) regarding the
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Property. Seller shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Seller's possession, and any information relating to
the Environmental Condition of the Property of which Seller becomes aware;
$.$ To the best of Seller's knowledge, Seller is not aware of the existence of
any violation of law or violation of governmental regulation with respect to the Property,
including any Environmental Laws, as hereinafted defined;
5.6 There are no pending, or to the best of Seller's knowledge, without having
made investigation thereof, threatened proceedings in eminent domain, which would affect the
Property, or any portion thereof;
5.7 To the best of Seller's knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any
of the contractors, agents, employees or representatives of Seller or, to the best of Seller's
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Seller's knowledge, there has not been any other activity on the Property which could have
resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any
Environmental Laws, or which could result in any proceeding or inquiry by any authority with
respect thereto;
5.8
Code 1445; and
Seller is not a "foreign person" within the meaning of Internal Revenue
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the Property.
The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq; asbestos
and asbestos-containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et seq; source material, special nuclear
material, by-product material and any other radioactive materials or radioactive wastes, however
produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982;
chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200
et seq; industrial process and pollution control wastes, whether or not hazardous within the
meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any
substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or
California Code of Civil Procedure Section 736(0(3); and any other substance or material
regulated by any Environmental Laws.
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The term "Environmental Laws" shall mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et seq; the Clean Water Act, 33 U.S.C. Section 1251
et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et seq; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 et seq; the National Environmental Policy Act, 42 U.S.C. Section 4321
et seq; the Noise Control Act, 42 U.S.C. Section 4901 et seq; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et sec~; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et seq; as amended by the Hazardous and Solid Waste Amendments of
1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq; as
amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning
and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the
Toxic Substances Control Act 15 U.S.C. Section 2601 et seq; the Atomic Energy Act, 42 U.S.C.
Section 2011 et seq; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
seq; and state and local environmental statutes and ordinances, with implementing regulations
and rules in effect on or prior to the date hereof.
6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR DESTRUCTION.
6.1 If, prior to the close of escrow, any material portion of the Property is
taken or if the access thereto or available parking area therefor is reduced or restricted by
eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated
taking which has not been consummated, other than any such taking prosecuted by or on behalf
of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have
the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to
Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does
not exercise this option to terminate this Agreement, neither party shall have the right to
terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall
be entitled to receive and keep, all awards for the taking by eminent domain which accrue to
Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without
modification of the terms of this Agreement and without any reduction in the Purchase Price
(except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any eminent domain
proceeding without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
6.2 If, prior to the close of escrow, any material portion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any
earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising
from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller
shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its
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sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to terminate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or
destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof,
without modification of the terms of this Agreement and without any reduction in the Purchase
Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any such damage and
destruction without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
8. ATI'ORNEYS' FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, or in connection with the
Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICES. All notices, requests, demands and other communication given or
required to be given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Buyer:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: John Meyer
Tel: (909) 694-6412
Fax: (909) 693-3903
With a Copy To:
Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
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To Seller:
William Allen Rutner& Dolores Rutner
Donald Egizi
30451 San Pasqual Road
Temecula, California 92591
To Escrow Holder:
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Tel: (909) 787-1723
Fax: (909) 784-7956
Attention: Debbie Newton, Title Officer
Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee, if personally delivered,
and on the date indicated in the return receipt or courier's records as the date of delivery or as
the date of first attempted delivery, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 10 by giving notice to the other party and to Escrow
Holder as herein provided.
10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either party without the prior written consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their successors and assigns.
12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged
herein and shall not be effective for any purpose. No provision of this Agreement may be
amended, supplemented or in any way modified except by an agreement in writing signed by
the parties hereto or their respective successors in interest and expressly stating that it is an
amendment of this Agreement.
13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is
not consummated as a result of the Buyer's material default hereunder, then Seller may enforce
its rights hereunder by an action against Buyer for damages, resulting from the material breach
of this Agreement by Buyer.
14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights
granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if
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there is a breach by Seller of any material provision of this Agreement, Buyer would not have
any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder
may be enforced by an action for specific performance and such other equitable or legal relief
as is provided under the laws of the State of California.
15. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this Agreement.
16. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terms.
18. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is
intended to confer upon any person, other than the parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEVERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by
a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes
aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer of
this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein,
which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing
and returning to Seller a counterpart of this Agreement on or before December 15, 2003. Seller
understands and agrees that Buyer is a governmental entity which must schedule and hold one
R:\Oldtown\OTACQ~Pumhase and Sale Agreement- Egizi. DOC
11087/0001/755392.1 12/02/03
or more meetings of its governing body in order to authorize Buyer's acceptance of this offer
and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the
City Council of the City of Temecula and its governing body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code
Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is
terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's
liability in inverse condemnation, for precondemnation damages or otherwise, and may not be
used as an admission of value in any eminent domain or other proceeding.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
"SELLER .... BUYER"
DONALD P. EGIZI &
KATHARYN I. EGIZI, as Trustees,
In trust, U/D/T, dated September 25, 1990
F/BIO the EGIZI LIVING TRUST
THE CITY OF TEMECULA, a municipal
corporation
By:¸
Jeff Stone, Mayor
DONALD P. EGIZI
KATHARYNI. EGIZI
Attest:
Susan Jones, City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
R:\Oldtown\OTACQ~Purchase and Sale Agreement - Egizi. DOC
11087/0001/755392.1 12/02/03
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
THOSE PORTIONS OF LOTS 31 AND 32, IN BLOCK 7 OF THE TOWN OF
TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER, TOGETHER WITH THE NORTHEASTERLY ONE-HALF OF
MERCEDES STREET, ADJOINING, VACATED BY RIVERSIDE COUNTY BOARD OF
SUPERVISORS RESOLUTION NO. 80-166 RECORDED MAY 20, 1980, AS INSTRUMENT
NO. 94502, RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SECOND
STREET AS SHOWN BY THE MAP OF SAID TOWN OF TEMECULA WITH THE
SOUTHWESTERLY LINE OF INTERSTATE HIGHWAY 15 AS DESCRIBED IN A DEED
RECORDED JULY 12, 1973 AS INSTRUMENT NO. 90987, RECORDS OF RIVERSIDE
COUNTY, THENCE ALONG SAID SOUTHWESTERLY LINE OF INTERSTATE HIGHWAY 15,
BEING A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2250.00 FEET,
THROUGH A CENTRAL ANGLE OF 02° 31' 29" AN ARC DISTANCE OF 99.15 FEET TO THE
INTERSECTION THEREOF WITH THE CENTERLINE OF SAID VACATED MERCEDES
STREET; ;THENCE, ALONG SAID CENTERLINE NORTH 45o 31' 56" WEST 147.20 FEET TO
THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF SAID SECOND STREET; THENCE, ALONG SAID
SOUTHEASTERLY LINE AND PROLONGATION, NORTH 44° 34' 46" EAST 76.60 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH THE SOUTHEASTERLY % OF SECOND STREET VACATED BY THE
RIVERSIDE COUNTY BOARD OF SUPERVISORS RESOLUTION NO. 84-254 RECORDED
JULY 16, 1984 AS INSTRUMENT/FILE NO. 153463, DESCRIBED AS FOLLOWS:
THAT PORTION OF SECOND STREET, 60.00 FEET WIDE, LYING BETWEEN BLOCKS 6
AND 7 OF THE TOWN OF TEMECULA, ALL AS SHOWN ON A MAP THEREOF ON FILE IN
BOOK 15, PAGE 726 OF MAPS, RECORDS OF THE RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA;
EXCEPTING THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY
RIGHT-OF-WAY LIEN OF STATE HIGHWAY I-15.
SAID LAND IS LOCATED IN THE UNINCORPORATED AREA OF RIVERSIDE COUNTY.
A.P.N. 922-071-007
12012-0001\749075vi.doc A-1 12/02/03
RESOLUTION NO. RDA 03-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED AT 28674 MERCEDES STREET (APN 922-041-011
AND 012) AND AT 41871 THIRD STREET (APN 922-041-013)
IN THE CITY OF TEMECULA
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 City is currently implementing the Redevelopment Plan for
Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of
Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and
subsequently approved and transferred to the Redevelopment Agency of the City of
Temecula on April 9, 1991 (the "Plan").
b. The City proposes to purchase the property described in the "Purchase and
Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and Jocated at
28674 Mercedes Street (APN 922-041-011 and 012) and at 41871 Third Street (APN 922-
041-013) the City of Temecula for redevelopment purposes consistent with the Agency
authority under the Plan and the Community Redevelopment Act, Health and Safety Code
Section 33000 et seq.
c. The Agreement is consistent with the Plan and with the Implementation Plan
adopted by the Agency.
d. The City Council has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the 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.
e. This action is being undertaken pursuant to the Plan for which a full and
complete Environmental Impact Report was prepared and certified prior to adoption of the
Plan. Moreover the acquisition of property by itself will have no impact on the environment
as it is simply the change in ownership of the property without a change in the physical
condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162
are found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal.
R:\Oldtown\OTACQLa. cquisition Resos 1216~Resosantaboltongokma.doc
Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental'
Impact Report is required for the subject agreement.
Section 2. The City Council hereby approves that certain "Purchase and Sale Agreement and
Escrow Instructions" between the City of Temecula, a public body corporate and politic, and Annie J.
Santa Maria, June Santa Maria Bokma, Bokke Bokma, Joan Santa Maria Bolton and Jon Bolton and
which Purchase Agreement is dated as of December 16, 2003. The Mayor of the City of Temecula
is hereby authorized and directed to execute the Agreement on behalf of the City.
R:\Oldtown\OTACQ~Acquisition Resos 1216~Resosantaboltongokma.doc
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this
16th day of December, 2003.
ATTEST:
Jeff 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 Resolution No. RDA 03- was duly and regularly adopted by the City Council of the City
of Temecula at a regular meeting thereof held on the 16th day of December, 2003, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\Oldtown\OTACQ~Acquisition Resos 1216~Resosantaboltongokma.doc
ITEM 10
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
APPROVAL ,~,~,~-~---
CITY ATTORNEY ~ [I
DIRECTOR OF FINANOE~
CITY MANAGER ~
/'~l~William G. Hughes, Director of Public Works/City Engineer December 16, 2003
Tract Map No. 29305-1, Located North of Wolf Valley Road and East of
Pechanga Parkway
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Gerald L. Alegria, Senior Engineer- Land Development
RECOMMENDATION: That the City Council approve:
Agreement to defer completion of Conditions of Approval until after recordation of Final Map
for Tract 29305-1.
2. Tract Map No. 29305-1 in conformance with the Conditions of Approval.
BACKGROUND: Tract Map No. 29305-1 is a twenty-two lot (22) lot subdivision, located
north of Wolf Valley Road and east of Pechanga Parkway. The survey monuments are required to
be set.
On January 23, 2001, the Temecula City Council approved Tentative Tract Map 29305, with the
appropriate Conditions of Approval and subsequently on October 11,2001, the Planning Director of
the City of Temecula approved the Phasing Map for Tentative Tract Map 29305, Planning
Application No. 01-0271, which consists of two phases, Tentative Tract Map 29305-1 and Tentative
Tract Map 29305, with the appropriate Conditions of Approval. This final map is in conformance
with the approved tentative map.
This Developer has met all applicable Conditions of Approval with the exception of Conditions of
Approval numbers 57, 60 and 61. These conditions require that the construction drawings for all
parks, landscaped medians and proposed TCSD slope/landscape maintenance areas be reviewed
and approved by the Director of Community Services and that the Developer provide security and
enter into improvement agreements for said improvements. Therefore, an agreement has been
drafted which would defer these conditions. In exchange for this deferment, the Developer has
agreed to 1 ) reimburse the City $5,690 for the 12" water lateral in Deer Hollow Road for the Sports
Complex 2) expedite the design and the completion of the street improvements for Wolf Creek Drive
South and the remaining curb and gutter and project walls adjacent to Sports Complex 3) install an
8" sewer lateral along Wolf Creek Drive South to the property line of the park and 4) contribute
$120,000 for the walkways and landscape improvements within the right of way which will be made
by the City as part of the Sports Complex project. Only the approval of the construction documents
will be deferred. The timing for completion of the actual improvements as specified by the
Conditions of Approval and the Specific Plan will not change.
r:~agdrpt~2003\1216\tm29305-1 .map
The approval of a final subdivision map, which substantially complies with the previously approved
tentative map is a mandatory ministerial act under State law. It should be noted the Development
Impact Fees (DIF) will be due and payable at the time of issuance of the Building Permits.
FISCAL IMPACT: None
ATTACHMENTS:
2.
3.
4.
5.
Agreement to Defer Completion of Conditions
Development Fee Checklist
Fees & Securities Report
Project Vicinity Map
Tract Map No. 29305-1
2
r:~agdrpt~003\1216\tm29305-1 .map
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Atto: City Clerk
Exempt fi.om recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
AGREEMENT TO DEFER COMPLETION OF CONDITIONS OF
APPROVAL UNTIL AFTER RECORDATION OF FINAL MAP
FOR TRACT NO. 29305-1 {WOLF CREEK SPECIFIC PLAN NO.
This Agreement is made and entered into as of December 16, 2003, by and between the
CITY OF TEMECULA, a municipal corporation ("City") and WOLF CREEK
DEVELOPMENT, LLC, a California limited liability company ("Developer" or "Wolf Creek
Development") and S-P Murdy, LLC ("S-P Murdy"), with respect to the following facts:
Recitals
A. Wolf Creek Development and S-P Murdy are the owners of that certain
real property (the "Property") located in the City of Temecula, County of Riverside, State of
California and is generally known as the Wolf Creek Specific Plan No. 12, which Property is
more specifically described on Exhibit A, Legal Description of Property, attached hereto as
Exhibit A and incorporated herein as though set forth in full.
B. The City and S-P Murdy, LLC entered into that certain Development
Agreement (the" Development Agreement"), dated February 13, 2001, and recorded on October
3, 2001, as Instrument No. 2001-481217 with respect to the Property. On December 15, 2003,
the City and S-P Murdy LLC entered into that certain "First Operating Agreement" to clarify
certain terms of the Development Agreement.
C. On or about July 2, 2003, Developer pumhased a portion of the Property
(northerly of Wolf Valley Road) from S-P Murdy LLC and has entered into a pumhase and sale
agreement with S-P Murdy for the purchase of the remainder of the Property. In connection with
such purchase and sale and pursuant to that certain Assignment and Assumption of Development
Agreement dated as of July _, 2003, Murdy assigned to Developer the Development Agreement
to the extent that the Development Agreement related to the Property, and S-P Murdy LLC
754344.3 December 8, 2003 1
delegated to Developer, and Developer assumed, certain obligations arising under the
Development Agreement. Wolf Creek Development and S-P Murdy warrant and represent to the
City that Wolf Creek Development is responsible for the
D. On January 23, 2001, the City Council of the City of Temecula approved
Tentative Tract Map No. 29305 and other land use entitlements with certain conditions of
approval which conditions must be satisfied prior to the recordation of a final map for the
Property ("Original Map"). On October 11, 2001, the City Council of the City of Temecula
approved the Phasing Map for Tentative Tract Map No. 29305 ("Phasing with certain
conditions of approval which conditions must be satisfied prior to the recordation of a final map
for the Property ("Conditions of Approval").
D. Condition No. 57 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "The developer, or his assignee, shall offer for
dedication, enter an agreement and post security with the TCSD to improve the proposed
neighborhood park (29305-1 Lot No. 15) and the linear park (29305-1 Lots 19 and 29 and
29305-F Lot Nos. 24 and 27) in accordance with City standards." Condition No. 57 on the
Phasing Map supercedes a similar Condition No.86 on the Original Map.
E. Condition No. 60 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "Construction drawings for all proposed TCSD
slope/landscape maintenance areas and the public park sites shall be reviewed and approved by
TCSD." Condition No. 60 on the Phasing Map supercedes a similar Condition No.90 on the
Original Map.
F. Condition No. 61 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "The subdivider shall post security and enter
into an agreement to provide all proposed TCSD maintenance areas." Condition No. 61 on the
Phasing Map supemedes a similar Condition No.89 on the Original Map.
G. Developer desires to record the final map for Tract 29305-1 (the "Final
Tract Map") prior to the fulfillment of Conditions 57, 60, and 61 of the Conditions of Approval.
H. In consideration for the City's approval of and permission to record the
Final Tract Map prior to the fulfillment of Condition 57, 60, and 61 of the Conditions of
Approval and as a condition of approval thereof, Developer has agreed to execute and record this
Agreement and make it binding on its successors and assigns, provide certain additional benefits
for the City, as more specifically set forth herein.
NOW, T}IEREFORE, in consideration of the foregoing recitals and the mutual
promises contained herein, Wolf Creek Development and S-P Murdy covenant, promise and
agree for the benefit of the City as follows:
1. Recitals. The above recitals, and each of them, are true and correct and
are hereby incorporated by reference herein and made a part hereof.
2. Compliance with Conditions of Approval. Developer covenants and
agrees to and in favor of the City that Developer shall comply with Conditions 57, 60 and 61 of
754344.3 December 8, 2003 2
the Conditions of Approval notwithstanding the approval of the Final Map for Tract 23509-1.
These three covenants shall be completed to the full satisfaction of the Director of Community
Services prior to the acceptance of any application for a land use entitlement for the Property or
any portion of the Property and prior to the issuance of the first building permit on the Property
or on any portion of the Property. Developer acknowledges and agrees that said items must be
submitted to and approved by the Director of Community Services prior to acceptance of any
application for land use entitlements for the Property, or any portion of the Property, including
tentative subdivision or parcel maps, and prior to the issuance of any building permit, even if the
Improvements do not pertain to that portion of the Property for which a land use entitlement or
building permit is sought. City may elect to approve such maps designating parcels for sale to
merchant builders, if it determines, in its sold discretion, that City's security for construction of
the Improvements in not impaired in any way.
3. Additional Obligations of Developer. Developer agrees to undertake the
following obligations for the benefit of the City in addition to its existing obligations under the
Development Agreement and the Conditions of Approval:
a. Developer shall reimburse City the sum of five thousand six hundred
ninety dollars ($5,690.00) for City's share of the twelve-inch (12") water lateral
for Deer Hollow Road concurrently with the approval of this Agreement.
b. Developer shall, at is sole expense, design and construct the street
improvements in accordance with City Standards for Wolf Creek Drive South
adjacent to the Sports Complex. Developer shall complete this work to the
satisfaction of the City prior thirty (30) days before the opening of the Sports
Complex. As used in this Agreement "Sports Complex" shall mean the sports
park proposed to be built on approximately forty-three acres of real property
conveyed to the City by S-P Murdy as Document No.
recorded on ,2003.
c. Developer, at its sole expense, shall construct and install the curb and
gutter in accordance with City Standards on D-D Street in proposed Tentative
Tract Map No. 30264-5 and 30264-11, as of the date of this Agreement, and the
perimeter wall improvements in proposed Tentative Tract Map No. 30264-11, as
of the date of this Agreement, adjacent to the Sports Complex. Developer shall
complete this work to the satisfaction of the City prior to March 1, 2004.
d. Developer shall, at its sole cost and expense, undertake and be
responsible for the utility planning and engineering of the Southern California
Edison relocation along Pechanga Parkway. When the relocation work is
completed, the Developer shall remove the three (3) existing poles located within
the Park. City shall be responsible for any interim relocation of the poles which
might be required as a result of the actual design of the Park.
e. Developer shall install an eight-inch (8") sewer lateral along Wolf
Creek Drive South to the property line of the Sports Complex. The City shall
designate the actual location. The installation shall be completed not later than
754344.3 December 8, 2003 3
sixty (60) days prior to completion of the Sports Complex.
f. Developer shall pay to the City the sum of one hundred twenty
thousand dollars ($120,000.00) towards the construction of the sidewalk and
landscape improvements within the right of way of Wolf Creek Drive South,
Street D-D and Deer Hollow Drive. Developer shall pay such sum to the City
prior to March 1, 2004. City shall be responsible for completing the
improvements with the Sports Complex Project.
4. Withholding Acceptance of Applications for Land Use Entitlements and
Withholding o f Building Permit. Developer acknowledges and agrees that by allowing the
Developer to defer compliance with the Conditions of Approval described in Section 2 until after
recordation of the Final Map, City has severely limited its remedies in the event Developer fails
to comply with the terms of this Agreement and which, if not replaced, could adversely affect the
public health, safety and general welfare. Developer, therefore, acknowledges and agrees that in
the event Developer breaches this Agreement or any portion thereof the City has the legal
authority to and may refuse to process any land use applications for the Property or any portion
thereof and withhold the issuance of building permits or certificates of occupancy, in addition to
any other legal remedy the City may have under law.
5. Submission of Bond to Secure Developer's Obligations. Developer shall
submit to the City concurrently with the execution of this Agreement a surety bond from an
admitted California surety in the penal sum of three hundred fifty thousand dollars ($350,000.00)
to secure its obligations under this Agreement. The bond required by this Section shall be in
substantially the form set forth on Exhibit B, attached hereto and by this reference incorporated
herein as though set forth in full.
6. Recordation of Agreement. This Agreement shall be recorded in the
office of the County Recorder for the County of Riverside.
7. Covenant Runs With Land. The covenants set forth in this Agreement
shall be covenants running with the land and shall be binding upon the Property and any future
Developers of the Property or successors in interest of Developer, and shall run to the benefit of
the City, until this Agreement is released or modified by the City. This Agreement and the
covenants contained herein shall mn with the land and shall be a burden upon the Property and
shall be for the benefit of all real property owned or controlled by the City which is located in the
City of Temecula, County of Riverside, State of Califomia. This instrument is intended to be a
covenant running with the land and such intention shall be liberally construed in favor of the
City. Developer warrants and represents to the City that all actions necessary to make this
Agreement binding upon its successors and assigns to the Property have been completed and that
this is a legal and valid Agreement and is binding upon Developer and its successors and assigns
to the Property.
8. Termination of Agreement. Notwithstanding anything provided herein to
the contrary, the burdens of this Agreement may be terminated by the City Council of the City at
any time by execution and recordation of a notice terminating this Agreement.
754344.3 December 8, 2003 4
9. Time is of Essence. Time is of the essence of each provision of this
Agreement of which time of performance is a factor.
10. City's Remedies for Breach. In the event of a violation of any of
Developer's obligations set forth herein, the City shall be entitled to all remedies at law or equity
that may be available to it, including the right to seek an injunction against any violation hereof,
an action for specific performance, or an action for damages. In addition to any other remedies
available to the City, upon breach of this Agreement the Developer acknowledges and agrees
that the City has the legal authority and that the City may refuse to issue or revoke any grading
permit, building permit, certificate of occupancy, land use entitlement or similar permit, approval
or certificate therefor issued for the Property or any portion of the Property.
11. For Benefit of City. This Agreement shall be enforceable by and inure to
the benefit of the City and its successors and assigns and shall bind Developer and Developer's
successors and assigns. This Agreement shall be enfomeable by the City and any assignee of the
rights of the City. The City shall be entitled to assign its rights hereunder to any governmental
agency or subdivision of the City or of the State of California.
12. Entire Agreement; Amendment. This instrument contains the entire
agreement of Developer relating to the rights herein granted and the burdens and obligations
herein assumed. Any oral representations or modifications concerning this instrument shall be of
no force or effect except for a subsequent modification in writing signed by the then current
Developer and lessee of the Property and by the City, except for a termination hereof executed
by the City. This Agreement may not be amended, modified or revoked without the written
consent of the City.
13. Attorneys' Fees. In the event of any controversy, claim, or dispute
relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover
fi.om the losing party reasonable attorneys' fees and costs.
14. Captions. The captions used in this Agreement are for convenience only
and therefore do not constitute a part of this Agreement and do not amplify or limit the meaning
of the provisions of this Agreement.
15. Interpretation. This Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Any rule of law (including without limitation
Califomia Civil Code Section 1654) or legal decision that would require interpretation of any
ambiguities in this Agreement against the party that has drafted it is not applicable and is hereby
waived.
16. No Third Party Beneficiaries. No person or entity shall be deemed to be a
third party beneficiary hereof, and nothing in this Agreement (either express or implied) is
intended to confer upon any person or entity, other than the City and the Developers (and their
respective successors and assigns), any rights, remedies, obligations or liabilities under or by
reason of this Agreement.
17. Governing Law. This Agreement shall be construed in accordance with
the laws of the State of California.
754344.3 December 8, 2003 5
18. Necessary Parties. Developer and S-P Murdy warrant and represent to
City that no other parties have any interests in the Property and that Developer has full legal
fight, power and authority to enter into this Agreement and undertake the obligations set forth in
this Agreement. Developer further warrants and represents to City that this Agreement is legal,
valid and binding against the Developer and its successors and assigns and that the consent of no
other party is required to make this Agreement legal, valid and binding against Developer and its
successors and assigns.
[Remainder of page intentionally left blankJ
754344.3 December 8, 2003 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
CITY OF TEMECULA,
a municipal corporation
Jeff Stone
Mayor
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attomey
754344.3 December 8, 2003 7
WOLF CREEK DEVELOPMENT, LLC, a
California limited liability company
By: Standard Pacific Corp., a Delaware
corporation, Its Member
By:
Name:
Title:
By:
Alameda Property Investments, LLC, a
Delaware limited liability company, Its
Member
By:
Name:
Title:
By:
Name:
Title:
754344.3 December 8, 2003 8
S-P MURDY, LLC, a California limited liability
company
By: Underhill Properties, LLC, a California
limited liability company, as Member
By: Rivendell Land Company, Inc., a
California corporation, as Member
By:
William J. Griffith, President
By:
Box Canyon, LLC, a Califomia
limited liability company, as
Member
By:
Name:
as Member and Authorized
Representative
754344.3 December 8, 2003 9
STATE OF CALIFORNIA
COUNTY OF
SS.
On ,2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared_, 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
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.
Notary Signature in and for said County
and State
STATE OF CALIFORNIA
COUNTY OF
SS.
On ,2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared., 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
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.
Notary Signature in and for said County
and State
754344.3 December 8, 2003 10
STATE OF CALIFORNIA
COUNTY OF
SS.
On ,2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared_, 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
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.
Notary Signature in and for said County
and State
STATE OF CALIFORNIA
COUNTY OF
SS.
On _, 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared , 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
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.
Notary Signature in and for said County
and State
754344.3 December 8, 2003 11
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
754344.3 December 8, 2003 12
EXHIBIT B FORM OF BOND
CITY OF TEMECULA
SUBDIVISION FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Temecula, State of California, and Wolf Creek
Development, LLC, a California limited liability company (hereinafter designated as
"Principal") have entered into that certain agreement entitled "AGREEMENT TO
DEFER COMPLETION OF CONDITIONS OF APPROVAL UNTIL AFTER
RECORDATION OF FINAL MAP FOR TRACT NO. 29305-1 (WOLF CREEK
SPECIFIC PLAN NO. 12)" (the "Agreement"), which Agreement is dated as of
December 16, 2003 and is hereby referred to and incorporated herein as though set forth
in full; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for
the Faithful Performance of its obligations under the Agreement:
NOW, THEREFORE, we the Principal and
as surety, are
held and firmly bound unto the City of Temecula, California, in the penal sum of three hundred
fifty thousand dollars ($350,000.00) lawful money of the United States, for the payment of such
sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally.
The condition of this obligation is such that the obligation shall become null and void if
the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions,
and provisions in the Agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to this or their tree intent and meaning, and shall indemnify and save harmless
the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this
obligation shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
754344.3 December 8, 2003 13
and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on December ,2003.
[SEAL] [SEAL]
PRINCIPAL*
WOLF CREEK DEVELOPMENT, LLC, a
California limited liability company
By: Standard Pacific Corp., a Delaware
corporation, Its Member
By:
Name:
Title:
By:
Alameda Property Investments, LLC, a
Delaware limited liability company, Its
Member
By:
Name:
Title:
By:
Name:
Title:
754344.3 December 8, 2003 14
Surety
By:
Name:
Title:
By:
Name:
Title
APPROVED AS TO FORM:
*Two signatures are required for
corporations unless corporate documents are
provided that indicate otherwise.
Peter M. Thorson, City Attorney
754344.3 December 8, 2003 15
State of Califomia
County of Riverside
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 Riverside
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)
754344.3 December 8, 2003 16
754344.3 December 8, 2003 17
746444.3 9/17/03 18
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TM 29305-1
Staff reviewed the following fees relative to their applicability to this project.
FEE
Flood Control (ADP)
Development Impact Fee
CONDITIONS OF APPROVAL
N/A
Not Paid
3
r:~agd rpt~2003\1216\tm29305-1.map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP 29305-1 DATE: December 16, 2003
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
Street and Drainage $ 6,182,000.00 $ 3,091,000.00
Water $ 415,500.00 $ 207,750.00
Sewer $ 201,500.00 $ 100,750.00
TOTAL $ 8,799,000.00 $ 3,399,500.00
Monumentation $ 8,500.00
DEVELOPMENT FEES
City Traffic Signing and Striping Costs
RCFCD (ADP) Fee
Development Impact Fee
SERVICE FEES
Planning Fee
Plan Check Fee
Monument Inspection Fee
Comprehensive Transportation Plan
Fees Paid to Date
Balance of Fees Due
$ 0.00
$ N/A
$ Not Paid
$ 129.00
$ 5,810.00
$ 1,6O6.5O
$ 8.00
$ 7,553.50
$ o
4
r:~agdrpt~003\1216\tm29305-1 .map
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Revised Agreement
Consent Calendar Item No. 10
(Wolf Creek)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Atto: City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
AGREEMENT TO DEFER COMPLETION OF CONDITIONS OF
APPROVAL UNTIL AFTER RECORDATION OF FINAL MAP
FOR TRACT NO. 29305-1 (WOLF CREEK SPECIFIC PLAN NO.
This Agreement is made and entered into as of December 16, 2003, by and between the
CITY OF TEMECULA, a municipal corporation ("City") and WOLF CREEK
DEVELOPMENT, LLC, a California limited liability company ("Developer") and S-P Murdy,
LLC, a California limited liability company ("S-P Murdy"), with respect to the following facts:
Recitals
A. Developer and S-P Murdy individually own portions of certain real
property located in the City of Temecula, County of Riverside, State of California, which
portions of real property together comprise the real property (the "Property") generally known as
the Wolf Creek Specific Plan No. 12. The Property is more specifically described on Exhibit A,
Legal Description of Property, attached hereto as Exhibit A and incorporated herein as though
set forth in full.
B. The City and S-P Murdy, LLC entered into that certain Development
Agreement (the "Development Agreement"), dated February 13, 2001, and recorded on October
3, 2001, as Instrument No. 2001-481217 with respect to the Property. On December 15, 2003,
the City, Developer, and S-P Murdy entered into that certain "First Operating Memorandum" to
clarify certain terms of the Development Agreement.
C. On or about July 2, 2003, Developer purchased a portion of the Property
(northerly of Wolf Valley Road and exclusive of the commercial portion) from S-P Murdy, and
has entered into an option agreement with S-P Murdy for the purchase of the remainder of the
Property (southerly of Wolf Valley Road and exclusive of the commercial portion). In
757461.1 December 15, 2003
connection with the July 2, 2003 purchase and sale and pursuant to that certain Assignment and
Assumption of Development Agreement dated as of July ~ 2003, S-P Murdy assigned to
Developer all of its right, title and interest in and to the Development Agreement to the extent
that such right, title and interest in the Development Agreement related to the Property acquired
by Developer, and S-P Murdy delegated to Developer, and Developer assumed, certain
obligations arising under the Development Agreement.
D. On January 23, 2001, the City Council of the City of Temecula approved
Tentative Tract Map No. 29305 and other land use entitlements with certain conditions of
approval which conditions must be satisfied prior to the recordation of a final map for the
Property ("Original Map"). On October 11, 2001, the City Council of the City of Temecula
approved the Phasing Map for Tentative Tract Map No. 29305 with certain conditions of
approval that must be satisfied prior to the recordation ora final map for the Property (the
"Conditions of Approval").
D. Condition No. 57 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "The developer, or his assignee, shall offer for
dedication, enter an agreement and post security with the TCSD to improve the proposed
neighborhood park (29305-1 Lot No. 15) and the linear park (29305-1 Lots 19 and 29 and
29305-F Lot Nos. 24 and 27) in accordance with City standards." Condition No. 57 on the
Phasing Map supercedes a similar Condition No.86 on the Original Map.
E. Condition No. 60 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "Construction drawings for all proposed TCSD
slope/landscape maintenance areas and the public park sites shall be reviewed and approved by
TCSD." Condition No. 60 on the Phasing Map supercedes a similar Condition No. 90 on the
Original Map.
F. Condition No. 61 of the Conditions of Approval on the Phasing Map
provides that prior to approval of the final map: "The subdivider shall post security and enter
into an agreement to provide all proposed TCSD maintenance areas." Condition No. 61 on the
Phasing Map supercedes a similar Condition No. 89 on the Original Map.
G. Developer desires to record the final map for Tract 29305-1 (the "Final
Tract Map") prior to the fulfillment of Conditions 57, 60, and 61 of the Conditions of Approval
(collectively, the "Deferred Conditions").
H. In consideration for the City's approval of and permission to record the
Final Tract Map prior to the fulfillment of the Deferred Conditions and as a condition of
approval thereof, Developer has agreed to execute and record this Agreement and make it
binding on its successors and assigns, provide certain additional benefits for the City, as more
specifically set forth herein.
NOW~ THEREFORE, in consideration of the foregoing recitals and the mutual
promises contained herein, Wolf Creek Development and S-P Murdy covenant, promise and
agree for the benefit of the City as follows:
757461.1 December 15, 2003
1. Recitals. The above recitals, and each of them, are true and correct and
are hereby incorporated by reference herein and made a part hereof.
2. Compliance with Conditions of Approval. Developer covenants and
agrees to and in favor of the City that Developer shall comply with the Deferred Conditions
notwithstanding the approval of the Final Map for Tract 23509-1. The Deferred Conditions
shall be completed to the full satisfaction of the Director of Cormnunity Services prior to the
acceptance of any application for a land use entitlement for the Property or any portion of the
Property and prior to the issuance of the first building permit on the Property or on any portion of
the Property. The City may elect to approve any such applications or permits, if it determines, in
its sole discretion, that Developer is adequately proceeding to perform its obligations under the
Deferred Conditions and this Agreement.
3. Additional Obligations of Developer. Developer agrees to undertake the
following obligations for the benefit of the City in addition to its existing obligations under the
Development Agreement and the Conditions of Approval:
a. Developer shall reimburse City the sum of five thousand six hundred
ninety dollars ($5,690.00) for City's share of the twelve-inch (12") water lateral
for Deer Hollow Road concurrently with the approval of this Agreement.
b. Developer shall, at is sole expense, design and construct the street
improvements in accordance with City Standards for Wolf Creek Drive South
adjacent to the Sports Complex. Developer shall complete the curb and gutter
portion of this work to the satisfaction of the City prior to one hundred twenty
(120) days before March 1, 2005 or such later date designated by the City as the
opening date (the "Opening Date") of the Sports Complex. Developer shall
complete the final asphalt paving portion of this work to the satisfaction of the
City prior to thirty (30) days before the Opening Date. As used in this Agreement
"Sports Complex" shall mean the sports park proposed to be built on
approximately forty-three acres of real property conveyed to the City by S-P
Murdy as Document No. 2003-582233 recorded on August 1, 2003.
c. Developer, at its sole expense, shall construct and install the curb and
gutter in accordance with City Standards on D-D Street in proposed Tentative
Tract Map No. 30264-5 and 30264-11, as of the date of this Agreement, and the
perimeter wall improvements in proposed Tentative Tract Map No. 30264-11, as
of the date of this Agreement, adjacent to the Sports Complex. Developer shall
complete this work to the satisfaction of the City prior to one hundred twenty
(120) days before the Opening Date.
d. Developer shall, at its sole cost and expense, undertake and be
responsible for the utility planning and engineering of the Southern California
Edison relocation along Pechanga Parkway. When the relocation work is
completed, the Developer shall remove the three (3) existing poles located within
the Park. City shall be responsible for any interim relocation of the poles which
might be required as a result of the actual design of the Park.
757461.1 December 15, 2003
e. Developer shall install an eight-inch (8") sewer lateral along Wolf
Creek Drive South to the property line of the Sports Complex. The City shall
designate the actual location. The installation shall be completed not later than
sixty (60) days prior to December 1, 2004 or such later date designated by the
City as the date for substantial completion of the Sports Complex.
f. Developer shall pay to the City the sum of one hundred twenty
thousand dollars ($120,000.00) towards the construction of the sidewalk and
landscape improvements within the right of way of Wolf Creek Drive South,
Street D-D and Deer Hollow Drive. Developer shall pay such sum to the City
prior to March 1, 2004. City shall be responsible for completing the
improvements with the Sports Complex Project.
4. Withholding Acceptance of Applications for Land Use F, ntitlements and
Withholding o f Building Permit. Developer acknowledges and agrees that by allowing the
Developer to defer compliance with the Deferred Conditions until after recordation of the Final
Map, City has severely limited its remedies in the event Developer fails to comply with the
Deferred Conditions, which failure could adversely affect the public health, safety and general
welfare. Developer, therefore, acknowledges and agrees that in the event Developer fails to
comply with the Deferred Conditions or any portion thereof the City has the legal authority to
and may refuse to process any land use applications for the Property or any portion thereof and
withhold the issuance of building permits or certificates of occupancy, in addition to any other
legal remedy the City may have under law.
5. Submission of Bond to Secure Developer's Obligations. Developer shall
submit to the City concurrently with the execution of this Agreement a surety bond from an
admitted California surety in the penal sum of three hundred fifty thousand dollars ($350,000.00)
to secure its obligations under this Agreement. The bond required by this Section shall be in
substantially the form set forth on Exhibit B, attached hereto and by this reference incorporated
herein as though set forth in full.
6. Recordation of Agreement. This Agreement shall be recorded in the
office of the County Recorder for the County of Riverside.
7. Covenant Runs With Land. The covenants set forth in this Agreement
shall be covenants running with the land and shall be binding upon the Property and any future
Developers of the Property or successors in interest of Developer, and shall nm to the benefit of
the City, until this Agreement is released or modified by the City. This Agreement and the
covenants contained herein shall mn with the land and shall be a burden upon the Property and
shall be for the benefit of all real property owned or controlled by the City which is located in the
City of Temecula, County of Riverside, State of California. This instrument is intended to be a
covenant running with the land and such intention shall be liberally construed in favor of the
City. Developer warrants and represents to the City that all actions necessary to make this
Agreement binding upon its successors and assigns to the Property have been completed and that
this is a legal and valid Agreement and is binding upon Developer and its successors and assigns
to the Property.
757461.1 December t5, 2003
8. Termination of Agreement. Notwithstanding anything provided herein to
the contrary, the burdens of this Agreement may be terminated by the City Council of the City at
any time by execution and recordation of a notice terminating this Agreement.
9. Time is of Essence. Time is of the essence of each provision of this
Agreement of which time of performance is a factor.
10. City's Remedies for Breach. In the event of a violation of any of
Developer's obligations set forth herein, the City shall be entitled to all remedies at law or equity
that may be available to it, including thc right to seek an injunction against any violation hereof,
an action for specific performance, or an action for damages. In addition to any other remedies
available to the City, upon breach of this Agreement the Developer acknowledges and agrees
that the City has the legal authority and that the City may refuse to issue or revoke any grading
permit, building permit, certificate of occupancy, land use entitlement or similar permit, approval
or certificate therefor issued for the Property or any portion of the Property.
11. For Benefit of City. This Agreement shall be enforceable by and inure to
the benefit of the City and its successors and assigns and shall bind Developer and Developer's
successors and assigns. This Agreement shall be enfomeable by the City and any assignee of the
rights of the City. The City shall be entitled to assign its rights hereunder to any govemmental
agency or subdivision of the City or of the State of California.
12. Entire Agreement; Amendment. This instrument contains the entire
agreement of Developer relating to the rights herein granted and the burdens and obligations
herein assumed. Any oral representations or modifications concerning this instrument shall be of
no force or effect except for a subsequent modification in writing signed by the then current
Developer and lessee of the Property and by the City, except for a termination hereof executed
by the City. This Agreement may not be amended, modified or revoked without the written
consent of the City.
13. Attorneys' Fees. In the event of any controversy, claim, or dispute
relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover
from the losing party reasonable attorneys' fees and costs.
14. Captions. The captions used in this Agreement are for convenience only
and therefore do not constitute a part of this Agreement and do not amplify or limit the meaning
of the provisions of this Agreement.
15. Interpretation. This Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Any rule of law (including without limitation
California Civil Code Section 1654) or legal decision that would require interpretation of any
ambiguities in this Agreement against the party that has drafted it is not applicable and is hereby
waived.
16. No Third Party Beneficiaries. No person or entity shall be deemed to be a
third party beneficiary hereof, and nothing in this Agreement (either express or implied) is
intended to confer upon any person or entity, other than the City and the Developers (and their
respective successors and assigns), any rights, remedies, obligations or liabilities under or by
757461.1 December 15, 2003
reason of this Agreement.
17. Governing Law. This Agreement shall be construed in accordance with
the laws of the State of California.
18. Necessary Parties. Developer and S-P Murdy warrant and represent to
City that no other parties have any interests in the Property and that Developer has full legal
right, power and authority to enter into this Agreement and undertake the obligations set forth in
this Agreement. Developer further warrants and represents to City that this Agreement is legal,
valid and binding against the Developer and its successors and assigns and that the consent of no
other party is required to make this Agreement legal, valid and binding against Developer and its
successors and assigns.
[Remainder of page intentionally left blank_]
757461.1 December 15, 2003
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
CITY OF TEMECULA,
a municipal corporation
Jeff Stone
Mayor
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
757461.1 December 15, 2003
WOLF CREEK DEVELOPMENT, LLC, a
California limited liability company
By: Standard Pacific Corp., a Delaware
corporation, Its Member
By:
Name:
Title:
By:
Alameda Property Investments, LLC, a
Delaware limited liability company, Its
Member
By:
Name:
Title:
By:
Name:
Title:
757461.1 December 15, 2003
S-P MURDY, LLC, a California limited
liability company
By: Underhill Properties, LLC, a California
limited liability company, as Member
By: Rivendell Land Company, Inc., a
California corporation, as Member
By:
President
William J. Griffith,
By:
Box Canyon, LLC, a California
limited liability company, as
Member
By:
Name:
as Member and
Authorized Representative
757461.1 December 15, 2003
STATE OF CALIFORNIA )
) SS.
COUNTY OF )
On ., 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared, 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
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.
Notary Signature in and for said County
and State
STATE OF CALIFORNIA
COUNTY OF
SS.
On ,2003, before me, the undersigned, a Notary Pubhc in and for
said State, personally appeared_, 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
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.
Notary Signature in and for said County
and State
757461.1 December 15, 2003
STATE OF CALIFORNIA
COUNTY OF
On ., 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared, 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
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.
Notary Signature in and for said County
and State
STATE OF CALIFORNIA
COUNTY OF
SS.
On ,2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared., 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
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.
Notary Signature in and for said County
and State
757461.1 December 15,2003
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
757461.1 December 15, 2003
EXHIBIT B FORM OF BOND
CITY OF TEMECULA
SUBDIVISION FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Temecula, State of California, and Wolf Creek
Development, LLC, a California limited liability company (hereinafter designated as
"Principal") have entered into that certain agreement entitled "AGREEMENT TO
DEFER COMPLETION OF CONDITIONS OF APPROVAL UNTIL AFTER
RECORDATION OF FINAL MAP FOR TRACT NO. 29305-1 (WOLF CREEK
SPECIFIC PLAN NO. 12)" (the "Agreement"), which Agreement is dated as of
December 16, 2003 and is hereby referred to and incorporated herein as though set forth
in full; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for
the Faithful Performance of its obligations under the Agreement:
NOW, THEREFORE, we the Principal and
as surety, are
held and firmly bound unto the City of Temecula, California, in the penal sum of three hundred
fifty thousand dollars ($350,000.00) lawful money of the United States, for the payment of such
sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally.
The condition of this obligation is such that the obligation shall become null and void if
the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions,
and provisions in the Agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to this or their tree intent and meaning, and shall indemnify and save harmless
the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this
obligation shall be and remain in full fome and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including reasonable
757461.1 December 15, 2003
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on December ,2003.
[SEAL] [SEAL]
PRINCIPAL*
WOLF CREEK DEVELOPMENT, LLC,
a California limited liability company
By: Standard Pacific Corp., a Delaware
corporation, Its Member
By:
Name:
Title:
By:
Alameda Property Investments, LLC, a
Delaware limited liability company, Its
Member
By:
Name:
Title:
By:
Name:
Title:
757461.1 December 15, 2003
Title:
757461.1 December 15, 2003
Surety
By:
Name:
Title:
By:.
Name:
Title
APPROVED AS TO FORM:
*Two signatures are required for
corporations unless corporate documents are
provided that indicate otherwise.
Peter M. Thorson, City Attorney
757461.1 December 15,2003
State of California
County of Riverside
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 insmunent.
WITNESS my hand and official seal.
Signature
(seal)
State of California
County of Riverside
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)
757461.1 December 15, 2003
ITEM 11
APPROVAL
CITY A'I-I'ORN EY #~- ,~w~,
DIRECTOR OF FINANC~
Cl~ MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Herman Parker, Director of Community Service~,
December 16, 2003
California State Library Grant Agreement
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve the Agreement with the Califomia State
Library for grant funding for the Temecula Public Library.
DISCUSSION: On October 28, 2003, the California Public Library Construction and
Renovation Board awarded a grant in the amount of $8,552,414 to the City of Temecula under the
California Reading and Literacy Improvement and Public Library Construction and Renovation Bond
Act of 2000 (Bond Act). This grant will make enable the City to construct the 34,000 square foot
Temecula Public Library to be located on Pauba Road between Margarita and Ynez Roads, just
west of Fire Station 84. The Bond Act provides a competitive statewide grant program that provides
up to 65% of all eligible construction related expenses for new libraries.
Staff worked with the Riverside County Library staff, the Temecula Valley Unified School Distdct
(District), the architect, a grant wdter and other consultants to complete the grant application and
other required documents. The next step in the grant process is the execution of an agreement with
the California State Library that defines the conditions of the grant. The State Librarian will finalize
the agreement upon approval by the City Council. At that point, staff will begin work with the Office
of Library Construction staff to finalize plans and construction documents to facilitate a public bid for
the construction of the new library.
FISCAL IMPACT: Approval of the agreement will provide up to $8,552,414 in state grant funding
toward the completion of the Temecula Public Library Project. The project is budgeted and funded
in the Capital Improvement Program. All funding in excess of the grant has been identified and
appropriated for this project.
R:\RUSEP~AGENDAS~Iibrary grant agmt 12-16-03.doc
GRANT AGREEMENT BETWEEN THE
CALIFORNIA STATE LIBRARY AND THE CITY OF TEMECULA
GRANT AWARD NO: 2052
SECTION 1. THE PARTIES
The parties of this Grant Award Agreement are the California State Library (State), the grantor, and the
City of Temecula, the grantee.
SECTION 2. THE GRANT
As authorized by the California Reading and Literacy Improvement and Public Library Construction and
Renovation Bond Act of 2000, with the approval of the California Public Library Construction and
Renovation Board, the State hereby grants the City of Temecula (Grantee), the sum of $8,552,414 for
the purpose of constructing the public library described in Grantee's Public Library Project Application
Proposal No. 2052, which proposal is hereby incorporated by reference into this Agreement.
SECTION 3. TERMS OF AGREEMENT
This agreement is effective upon its execution by both parties and expires on
])ecember 31, 2006 .
Prior to the expiration of the term of this Agreement, State may extend the term of this
Agreement, by written amendment hereto, if State, in its sole discretion, determines such
extension is necessary.
SECTION 4. GRANT AWARD CONDITION
In all aspects of administration, implementation, and construction of its public library project,
Grantee shall conform to the requirements of the California Reading and Literacy Improvement
and Public Library Construction and Renovation Bond Act of 2000 (Act), the regulations
implementing the Act, and shall expend grant funds in accordance with the Act and applicable
regulations.
B. Grantee shall construct the library proposed in its Public Library Project Application Proposal
No. 2052.
SECTION 5. GRANT PAYMENTS
Grantee shall submit to the State required financial and program performance reports
satisfactory to the State detailing Grantee's expenditure of Grant funds.
Grant payments shall be payable on a reimbursement basis.
Payments shall be made no more frequently than on a monthly basis. Payment requests shall
be made only for eligible project costs. Payment requests shall be submitted on a form
prescribed by the State Librarian, and sent to:
Bond Act Fiscal Officer
California State Library
1029 J Street, Suite 400
Sacramento, CA 95814
916-445-9592
In the event that the funding provided is greater than the cost of Project, Grantee shall return the
portion of funding which exceeds the cost of the Project to the State.
SECTION 6. PAYMENT RETENTION
State shall withhold 10% from each payment request, which shall be paid to the Grantee when all of the
following have been completed:
All eligible project costs have been expended; and all required financial and performance
reports concerning the Project have been submitted.
Grantee certifies, by providing a compliance letter from the local building official, that the
building has been completed in accordance with the approved plans and specifications,
including installation of book stacks.
Grantee shows evidence that the building title has been accepted by Grantee; and,
All ineligible cost issues, identified under interim or final audits performed by The California
Department of Finance (DOF), have been resolved.
SECTION 7. SUSPENSION OR TERMINATION OF PAYMENT
State may at any time during the term of this Agreement, suspend or terminate payment to Grantee, in
whole or in part, in the event of any of the following occurrences:
If Grantee has made or makes any material misrepresentation with respect to information or
statements furnished to the State required by this Agreement.
If there is any litigation with respect to the performance by Grantee of any of its obligations
under this Agreement, which may materially jeopardize or adversely affect the undertaking of, or
carrying out of, the purposes of this Agreement.
If Grantee fails to comply with any of the terms of this Agreement. ~
If Grantee applies for, or consents to, or acquiesces in the appointment of a receiver, trustee,
liquidator or custodian for all or part of its property; or if Grantee files a voluntary petition in
bankruptcy or petition or an answer seeking liquidation or reorganization under the United
States Bankruptcy Code or any other law related to bankruptcy or insolvency or relief of debtors.
SECTION 8. STATE'S RIGHT TO AUDIT
Grantee shall maintain, by generally accepted accounting principles applicable for local
government, a complete record of all financial transactions related to this Agreement. The
accounting standards used shall be those promulgated by the Government Accounting
Standards Board and the Financial Accounting Standards Board in effect during the term of this
Agreement.
In determining whether Grant funds are expended for intended purposes as prescribed under
this Agreement, the entire Project, including the progress of the Project and Grant fund
expenditures, are subject to audit and examination by the California Department of Finance
(DOF) during the Project and for a period of five years after the final payment has been made,
or for such longer period, if any, as is required by DOF.
Grantee agrees that the California State Library and DOF auditors or representatives, upon
reasonable advance notice to Grantee, shall have access and the right to audit, examine, and
make excerpts or transcripts of or from records. Records include contracts, subcontracts,
invoices, receipts, payrolls and personnel information, conditions of employment, documents of
change orders, budget change requests, indirect costs allocation plan, and all other data or
financial records relating to matters covered under this Agreement.
Grantee fur[her agrees that such right of State to examine or audit shall continue for five (5)
years after the expiration or termination of this Agreement, or for such longer period, if any, as is
required by applicable law. Grantee shall preserve and make available its records (i) until the
expiration of five (5) years from the date of expiration or sooner termination of this Agreement,
or (ii) for such longer period, if any, as is required by DOF.
SECTION 9. INELIGIBLE COSTS~ OFFSET AND RESTITUTION
Ineligible costs may be identified through audits, Grantee monitoring or other sources of
information that become available to State.
Ineligible costs shall also include expended costs concluded to be ineligible during The
California Department of Finance's interim or final audits of grant fund expenditures. Further,
the ineligible costs may be applied to offset subsequent payments to Grantee required under
this Agreement. In the event that ineligible costs exceed subsequent payments, Grantee shall
repay the excess to State within ninety (90) days unless otherwise extended by the State.
Without limiting any other contractual remedies available to State for breach of this Agreement,
Grantee agrees to make restitution to State for any cost incurred by Grantee and paid with bond
funds that are not allowable under applicable State statutes, rules, regulations, policies and
procedures, or the terms of this Agreement.
SECTION 10. FUNDING CONTINGENCY
Funding of this agreement is contingent upon availability of funding through the sale of General
Obligation Bonds and/or General Fund loans requested by State. In addition, this Agreement is subject
to any law or additional restrictions, limitations, or conditions enacted by the Legislature that may affect
the provisions, terms or funding of this Agreement in any manner. This contingency will remain in effect
during the entire term of the Agreement, including any extension to the term agreed upon by State and
Grantee.
SECTION 11. RESOLUTION OF DISPUTES
If Grantee and State cannot agree on disposition of State Building Code (California Code of
Regulations, Part 1, Title 24) matters during any reviews by State, State and Grantee may submit such
matters to The Division of State Architect (DSA), California Department of General Services, for
determination. Both State and Grantee should accept the DSA determination as final disposition of
such matters.
SECTION 12. COMPLIANCE WITH LAWS
Grantee shall comply with all applicable laws, ordinances, codes and regulations of federal, state, and
local governments in carrying out its obligations under this agreement.
SECTION 13. WAIVER
Grantee agrees that waiver by the State of any breach or violation of the terms or conditions of this
Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a
waiver of any subsequent breach or violation of the same or any other term or condition.
SECTION 14. SEVERABILITY
If any term, covenant, condition or provision of this Agreement, or the Application thereof to any person
or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or
the Application thereof to any person or circumstance, shall remain in full force and effect and shall in
no way be affected, impaired or invalidated thereby.
SECTION 15. PRIOR AGREEMENTS AND AMENDMENTS
This Agreement, including all Exhibits attached hereto, represents the entire Agreement of the parties
as to those matters contained herein. No prior oral or written understanding shall be of any force or
effect with respect to those matters covered hereunder. This Agreement may only be modified by a
written amendment duly executed by the parties to this Agreement.
SECTION 16. MISCELLANEOUS PROVISIONS
The headings of the sections and subsections of this Agreement are inserted for convenience
only. They do not constitute a part of this Agreement and shall not be used in its construction.
Where this Agreement refers to State and no officer of the State is named, the State Librarian or
his or her designee(s) shall have the authority to act on State's behalf.
SECTION 17. AUTHORITY AND STATUS OF GRANTEE
A. Grantee represents and warrants that the individual who executes this Agreement is duly
authorized to do so by Grantee.
B. Grantee warrants that it will possess all the necessary licenses and/or permits required by any
governmental agency in order to carry out the purpose contemplated herein.
APPROVED AS TO FORM
CALIFORNIA STATE LIBRARY
STATE LIBRARIAN OF CALIFORNIA
DR. KEVIN STARR
DATE
GRANTEE
AGENCY
AUTHORIZED SIGNATURE DATE
PRINTED NAME AND TITLE OF PERSON SIGNING
ITEM 12
APPROVAL~.,~.....-~
CITYATTORNEY /~_
DIRECTOR OFFINANC.~J~(~
CITY MANAGER ~¢.,/~ '
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Herman Parker, Director of Community Services
December 16, 2003
Cable Franchise Agreement Extension of Time
PREPARED BY:
Phyllis L, Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council adopt a Resolution entitled:
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA EXTENDING THE TERM OF THE CABLE
TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE
COMMUNICATIONS TO JUNE 30, 2004, TO FAClLITIATE THE
CITY'S NEGOTIATIONS WITH THE CABLE OPERATOR
REGARDING RENEWAL OF THAT FRANCHISE AGREEMENT
DISCUSSION: Adelphia Cable Communications provides cable services within the
City of Temecula under a non-exclusive cable franchise agreement. The County of Riverside
originally approved this franchise agreement prior to incorporation of the City. The term of the
agreement expires on January 9, 2004.
City staff has released a survey to residents and businesses in Temecula to determine how the
community views current cable services and to ascertain additional desired services. The surveys
are due to the City no later than January 9, 2004.
A negotiation team of Jeff Comerchero, as the Council sub-committee, and staff has been identified
as the City's negotiating team. Once the surveys have been received and tabulated, the negotiating
team will begin meeting with Adelphia to determine the terms and conditions of the cable franchise
renewal.
FISCAL IMPACT: There is no immediate fiscal impact associated with the extension of
time of the cable franchise agreement.
R:\RUSEP~AGENDAS\cable franchise time extension 12-16,-03.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA EXTENDING THE TERM OF
THE CABLE TELEVISION FRANCHISE AGREEMENT
WITH ADELPHIA CABLE COMMUNICATIONS TO
JUNE 30, 2004, TO FACILITATE THE CITY'S
NEGOTIATIONS WITH THE CABLE OPERATOR
REGARDING RENEWAL OF THAT FRANCHISE
AGREEMENT
THE CITY COUNCIL OF THE CITY OF TEMECULA RESOLVES AS
FOLLOWS:
Section 1. This resolution is adopted in recognition of the following facts
and circumstances:
A. Century-TCI California, L.P., dba Adelphia Cable
Communications ("Adelphia"), is the authorized assignee of a cable television franchise
agreement that will terminate on January 9, 2004.
B. The City and Adelphia desire to extend the term of the cable
television franchise agreement for an additional period of time in order to facilitate the
renewal negotiations that will commence in early 2004.
Section 2. An extension of the cable television franchise agreement
through and including June 30, 2004, is hereby authorized, and the City Manager is
authorized to commence negotiations with Adelphia's representatives for the renewal of
the cable television franchise agreement on terms that are mutually acceptable to both
parties.
756526-1
Section 3. This resolution will become effective on the date that an
authorized representative of Adelphia executes the form of acceptance and
acknowledgement that is set forth at the end of this resolution.
PASSED, APPROVED and ADOPTED this
2003, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
day of December
APPROVED AS TO FORM:
Mayor
City Clerk
The undersigned, who is an authorized representative of Adelphia Cable
Communications, acknowledges and accepts the extension of the cable television
franchise agreement that is authorized by this resolution.
CENTURY-TCI CALIFORNIA, L.P., dba ADELPHIA CABLE COMMUNICATIONS
By
Title
Dated
756526-1
ITEM 13
ORDINANCE NO. 03-12
AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA,
LEVYING A SPECIAL TAX TO FINANCE THE OPERATION,
MAINTENANCE AND SERVICING OF PUBLIC PARKS AND
RECREATIONAL FACILITIES, RECREATIONAL AND
COMMUNITY SERVICES PROGRAMS, MEDIAN
LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC
SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE
ANNEXED TO THE CITY OF TEMECULA AS PART OF THE
REORGANIZATION DESIGNATED BY THE RIVERSIDE
COUNTY LOCAL AGENCY FORMATION COMMISSION AS
LAFCO 2003-26-03 SUBJECT TO A TWO-THIRDS VOTER
APPROVAL OF VOTERS WITHIN THE REDHAWK
AN N EXATION AREA
THE CITY COUNCIL Of THE CITY Of TEMECULA, CALIFORNIA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. On March 4, 1997 the voters of the City of Temecula approved Ordinance
No. 96-21 of the City of Temecula, levying a special tax to finance the operation, maintenance
and servicing of public parks and recreational facilities, recreational and community services
programs, median landscaping, arterial street lights and traffic signals throughout the City of
Temecula.
Section 2. By its Resolution No. 53-03, the Riverside County Local Agency Formation
Commission ordered the reorganization designated as LAFCO 2003-26-3, a reorganization to
include annexation of Redhawk to the City of Temecula and the Temecula Community Services
District and concurrent detachment from County Service Areas 143 and 152 and the Riverside
County Waste Resources Management District ("Redhawk Annexation"). The Redhawk
Annexation specifies the area to be annexed to the City of Temecula and the Temecula
Community Services District, which area includes the Redhawk Specific Plan Area ("Redhawk
Annexation Area"). Such reorganization was ordered subject to two-thirds (2/3) voter approval
by voters voting in the Redhawk Annexation Area of a special tax against parcels within that
territory for the maintenance, operation and servicing of public parks, recreational facilities,
recreational and community services programs, median landscaping, arterial street lights and
traffic signals.
Section 3. Pursuant to the authority of Article Xl, Section 7 of the California
Constitution, Government Code Section 37100.5, and other applicable law, there is hereby
levied and assessed a special tax by the City of Temecula on each parcel of property in the
Redhawk Annexation Area, commencing with fiscal year 2005-06.
Section 4. The maximum amount of said special tax for each fiscal year shall by $74.44
per single-family residential dwelling unit, $53.83 per multi-family residential dwelling unit,
$148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in
a non-residential zone, $446.64 per acre of non-residential improved property, and $37.22 per
acre for agricultural uses.
Section 5. The special tax imposed by this ordinance shall be collected in the same
manner, on the same dates, and shall be subject to the same penalties and interest as other
R:/Ords 2003/Ords 03-12 1
charges and taxes fixed and collected by the County of Riverside on behalf of the City of
Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a
lien upon the parcel upon which it is levied until it has been paid, and said special tax, together
with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the
City of Temecula by the persons who own the parcel on the date the tax is due.
Section 6. The revenue raised by the special tax imposed by this ordinance shall be
placed in a special fund to be used only for the purposes of operating, maintaining, and
servicing public parks and recreational facilities, recreational and community services programs,
median landscaping, arterial street lights and traffic signals throughout the City of Temecula and
administrative expenses incurred by the City in connection therewith.
Section 7. The City Council, by three (3) affirmative votes, is empowered to establish
the amounts of the special tax levy annually each fiscal year, in amounts not to exceed the
maximum amounts specified in Section 2 of this ordinance, as is required to provide an
adequate level of service in accordance with the purposes set forth in this ordinance.
Section 8. The City Council shall be empowered to amend this ordinance by three (3)
affirmative votes of the members thereof for the purposes of carrying out the general purposes
of this ordinance in order to conform to state law that permits the County Tax Collector, or other
proper official, to collect a special tax such as is levied by this ordinance in conjunction with
County taxes or in order to assign duties pursuant to the ordinance to other officers.
Section 9. No section of this ordinance shall be construed to permit, and the City
Council is expressly prohibited from, increasing the amounts of the special tax imposed by this
ordinance beyond the maximum amounts set forth in this ordinance.
Section 10. A property owner subject to the special tax may appeal the amount of the
special tax to be levied on such property owner's property pursuant to standards and
procedures established by resolution of the City Council.
Section 11. If a property owner subject to the special tax believes that payment of the
special tax during a specific fiscal year would create a hardship for that property owner during
that fiscal year, such property owners may appeal the levy by filing a hardship appeal pursuant
to standards and procedures established by resolution of the City Council.
Section 12. The special tax imposed by this ordinance shall not be imposed upon a
federal or state governmental agency or another local governmental agency or upon any parcel
of properly that is exempt from the special tax imposed by this ordinance pursuant to any
provision of the Constitution or any paramount law.
Section 13. If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any other provision or applications, and to this end
the provisions of this ordinance are declared to be severable. The City Council, and the
electorate by referendum, do hereby declare that they would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the
fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be
declared invalid or unconstitutional.
R:/Ords 2003/Ords 03-12 2
Section 14. This ordinance, or any provisions thereof other than those provisions, if
any, which provide for modification by the City Council of the City of Temecula, may only be
amended or repealed by approval of two-thirds (2/3) of the voters voting on the ordinance or
provisions thereof at any initiative or referendum election.
Section 15. This ordinance shall be referred to, and shall be effective only if approved
by two-thirds (2/3) of, the electorate residing within the Redhawk Annexation Area to be
annexed to the City of Temecula as part of the reorganization designated as LAFCO 2003-26-3
voting at an election to be held on March 2, 2004. This ordinance shall go into effect ten (10)
days after the City Council has, by resolution, declared that this ordinance was approved by
two-thirds (2/3) of the voters voting therein, and the tax levied by this ordinance shall be
imposed commencing with the 2005-06 fiscal year. As an ordinance relating to taxes for the
usual and current expenses of the City and as an ordinance subject to the two-thirds (2/3) voter
approval, this ordinance may be adopted on its first reading and without the 30 day waiting
period as a tax ordinance and an urgency ordinance for the reasons set forth above pursuant to
Government Code Sections 36934 and 36937.
Section 16. The City Clerk shall certify to the passage and adoption of this ordinance
and shall cause same to be published as required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this
16t~ day of December, 2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Ords 2003lOrds 03-12 3
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 the forgoing Ordinance No. 03-12 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 25th day of November, 2003, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the 16th day of December, 2003 by the following roll call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNClL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Ords 2003/Orals 03-12 4
ITEM 14
ORDINANCE NO. 03-13
AN ORDINANCE OF THE CITY COUNCIL OF TEMECULA,
CALIFORNIA, APPROVING PLANNING APPLICATION PA02-
0522, AMENDMENT NO. 2 TO SPECIFIC PLAN NO. 263
(TEMECULA REGIONAL CENTER) AMENDING SECTION
III.C.1 TO ESTABLISH REGULATIONS RELATED TO
TEMPORARY USES FOR THE LAND AREA ENCOMPASSED
BY THE PROMENADE MALL AND SURROUNDING PARKING
LOTS INTERIOR OF THE LOOP ROAD LOCATED AT 40820
WINCHESTER ROAD.
THE CITY COUNCIL Of THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS:
Section 1. Public hearings have been held before the Planning Commission and City
Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of
the State of California, and the City Code of the City of Temecula. The application is hereby
approved and Section III.C.1 of the Specific Plan is hereby amended as follows:
A. Temporary Uses. By virtue of its location and land area, the Property can offer
unique opportunities to help promote local and regional businesses through temporary special
uses and events. Therefore, in addition to all other temporary uses currently permitted by
Section 17.04.020 of the City's Development Code, and notwithstanding any other provision in
the City's Development Code, or any other City rule, resolution, ordinance or code, temporary
uses shall be permitted on the Property, subject to the issuance of a temporary use permit
including, without limitation, the following:
· Car Shows and Sales
· Recreational Vehicle Shows and Sales
· Boat and Watercraft Shows and Sales
B. Temporary uses may take place on any portion of the Property described as the
Promenade Mall and surrounding parking lots within the loop read, and shall be limited such
that: (i) there shall be no more than six (6) events per calendar year; (ii) no more than two (2)
events shall exceed fourteen (14) consecutive days (not including days required for set up and
take down), and the remaining events shall be limited to no more than seven (7) consecutive
days; and (iii) there shall be no more than two (2) events per month. Notwithstanding the
foregoing, Holiday and Seasonal events may have duration of fourty-five (45) consecutive days
of use (not including days required for set up and take down). The Director of Planning is also
authorized to incrementally increase the number of events at some future date if and when it
can be demonstrated that such events will not adversely impact the Promenade Mall and
surrounding businesses.
C. The following temporary uses shall be allowed on the Property, subject to the
issuance of a temporary use permit, in addition to the twelve (12) annual events authorized
above: (iv) Farmer's markets covered by that certain Minor Development Plan No. PA01-0234;
and (v) temporary uses sponsored, produced or facilitated by, not for profit organizations.
D. Sales from temporary uses shall not be restricted to merchandise customarily sold
on the Property by permanently established businesses, however the Mall management has
R:/Ords 2003lOrds 03-13 1
indicated that they will encourage vehicle sales events to be targeted for local dealerships
located in Temecula.
E. Remaining Effectiveness. Except as modified by way of this Amendment, the terms
and provisions of the Specific Plan shall remain in full force and effect.
Section 2. The City Council in making a determination of Exemption from the
California Environmental Quality Act, specifically finds that the text amendment is exempt from
the California Environmental Quality Act because it does not constitute an entitlement to
develop or initiate a temporary use, and that each application for a Temporary Use Permit will
require separate review in accordance with the California Environmental Quality Act.
Section 3. 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. The City Clerk shall
publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall
be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance.
Within 15 days from the adoption of this Ordinance, the City Clerk shall publish a summary of
this Ordinance, together with the names of the Councilmembers voting for and against the
Ordinance, and post the same in the office of the City Clerk. Furthermore, the City Council has
directed that staff present a progress report on the implementation of this Ordinance within
twelve (12) months from the date of effectiveness.
Section 4. PASSED, APPROVED, AND ADOPTED, by the City Council of the City
of Temecula this 16th day of December, 2003.
A'I-I'EST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Ords 2003lOrds 03-13 2
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 the foregoing Ordinance No. 03-13 was duly introduced and placed upon its first reading at
a regular meeting of the City Council on the 25th day of November, 2003, and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council of the
City of Temecula on the 16th day of December, 2003 by the following roll call vote:
AYES:
COUNClLMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Ords 2003/Ords 03-13 3
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
NOVEMBER 25, 2003
A regular meeting of the City of Temecula Community Services District was called to order at 7:31
P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President
Comerchero presiding.
ROLLCALL
PRESENT:
5 DIRECTORS: Naggar, Roberts, Stone, Washington, and
Comerchero Comerchero
ABSENT: 0 DIRECTORS: None
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1. Minutes
3
RECOMMENDATION:
1.1 Approve the minutes of November 18, 2003.
Approval of the Plans and Specifications and authorization to solicit Construction Bids
for Project No. PW02-02CSD - Pablo Apis Park - Add Amenities Project
RECOMMENDATION:
2.1
Approve the Construction Plans and Specifications and authorize the Department
Of Public Works to solicit construction bids for Project No. PW02-02CSD - Pablo
Apis Park - Add Amenities Project.
Landscape Maintenance Services Contract for parks, medians, facilities, and south
Slopes
RECOMMENDATION:
3.1
Award a 36-month contract to Excel Landscape, Inc.; authorize the expenditure
of $480,350.00 for landscape maintenance services for medians, facilities, and
south slopes; and approve 15% contingency for extra work items in the amount
of $72,052.00. Contract term shall commence on January 1, 2004 and continue
through December 31, 2006;
Minutes.csd\112503 1
3.2
Award a 36-month contract to Midori Gardens, Inc.; authorize the expenditure of
$360,000.00 for landscape maintenance services for parks; and approve 15%
contingency for extra work items in the amount of $54,000.00. Contract term
shall commence on January 1, 2004 and continue through December 31, 2006.
MOTION: Director Stone moved to approve Consent Calendar Item Nos. 1-3. The motion was
seconded by Director Naggar and voice vote reflected unanimous approval.
JOINT CiTY COUNCIL/TEMECULA COMMUNITY SERVICES DISTRICT PUBLIC HEARING
Redhawk Annexation - Approval of TCSD Rates and Charges for Service Level R
(Residential Street Li,qhtin,q); Approval of Special Tax Ordinance for Maintenance and
Servicing of Public Parks and Recreation Facilities1 Recreational and Community
Services Pro,qramsl Median Landscapin,qI Arterial Street Li,qhts and Traffic Si,qnals;
Ballot Questions and Callin,q Election for Two-Thirds Voter Approval of the Taxes, Rates
and Char.qes
RECOMMENDATION:
4.1
Hold the joint public hearings before the City Council and the Temecula
Community Services District concerning the proposed rates and charges and
special tax for the Redhawk Annexation Area.
4.2 That the Temecula Community Services District approve a resolution entitled:
RESOLUTION NO. CSD 03-2'1
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
SERVICE LEVEL B (RESIDENTIAL STREET LIGHTS) RATES
AND CHARGES WITHIN THE REDHAWK ANNEXATION AREA
TO BE ANNEXED TO THE TEMECULA COMMUNITY
SERVICES DISTRICT AS PART OF THE REORGANIZATION
DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY
FORMATION COMMISSION AS LAFCO 2003-26-3 SUBJECT
TO TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN
THE REDHAWK ANNEXATION AREA
4.3 That the City Council approve the following Ordinance and Resolutions:
a) Read by title only and introduce an ordinance entitled:
Minutes.csd\112503 2
4.4
4.5
ORDINANCE NO. 03-t2
AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA,
LEVYING A SPECIAL TAX TO FINANCE THE OPERATION,
MAINTENANCE AND SERVICING OF PUBLIC PARKS AND
RECREATIONAL FACILITIES, RECREATIONAL AND
COMMUNITY SERVICES PROGRAMS, MEDIAN
LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC
SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE
ANNEXED TO THE CITY OF TEMECULA AS PART OF THE
REORGANIZATION DESIGNATED BY THE RIVERSIDE
COUNTY LOCAL AGENCY FORMATION COMMISSION AS
LAFCO 2003-26-03 SUBJECT TO A TWO-THIRDS VOTER
APPROVAL OF VOTERS WITHIN THE REDHAWK
ANNEXATION AREA
a) Adopt a resolution entitled:
RESOLUTION NO. 03-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REQUESTING THE SERVICES OF THE COUNTY
REGISTRAR OF VOTERS TO CONDUCT A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 2,
2004
b) Adopt a resolution entitled:
RESOLUTION NO. 03-17t
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, MARCH 2, 2004, FOR THE PLACEMENT OF A
SPECIAL MEASURE
b) Adopt a resolution entitled:
Minutes.csd\112503 3
RESOLUTION NO. 03-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING, CALLING AND GIVING NOTICE OF
AN ADVISORY ELECTION AND A SPECIAL ELECTION TO BE
HELD WITHIN THE TERRITORY TO BE ANNEXED TO THE
CITY OF TEMECULA AND THE TEMECULA COMMUNITY
SERVICES DISTRICT AS PART OF THE REORGANIZATION
DESIGNATED AS LAFCO NO. 2003-26-3 (REDHAWK) ON
TUESDAY, MARCH 2, 2004, FOR SUBMISSION TO THE
VOTERS OF MEASURES RELATING TO THE ANNEXATION
OF SUCH TERRITORY, THE LEVY OF A SPECIAL TAX WITHIN
SUCH TERRITORY, AND THE ADOPTION OF RATES AND
CHARGES WITHIN SUCH TERRITORY; AND REQUESTING
THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF
RIVERSIDE CONSOLIDATE SUCH ADVISORY ELECTION AND
SPECIAL ELECTION WITH THE CONSOLIDATED PRIMARY
ELECTION OF THE COUNTY TO BE HELD ON THAT DATE
d) Adopt a resolution entitled:
RESOLUTION NO. 03-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS AND CITY ATTORNEY'S
IMPARTIAL ANALYSIS FOR CITY MEASURES SUBMITTED AT
MUNICIPAL ELECTIONS
Thanking Principal Planner Brown for his efforts associated with this project, Deputy City
Manager Thornhill introduced Mr. Brown who, in turn, provided an overview of the staff report
(of record), noting the following:
· That LAFCO has approved the Redhawk Annexation and a 53-acre commercial
area of the Redhawk Specific Plan Annexation;
· That the Redhawk Homeowners Association, in particular, Mr. Runkle are to be
commended for their efforts;
· That the next step will be for the City Council to approve the proposed
resolutions.
City Attorney Thorson reviewed the upcoming annexation process, ensuring compliance with
Proposition 218 and noting that rates and charges will reflect the actual cost prior to
implementation.
At this time, the public hearing was opened. There being no public comments, the public
hearing was closed.
MOTION: Director Comerchero moved to approve staff recommendation 4.1 and 4.2. The
motion was seconded by Director Roberts and voice vote reflected unanimous approval.
Minutes.csd\112503 4
City Attorney Thorson introduced and read by title only Ordinance No. 03-12.
MOTION: Director Naggar moved to approve staff recommendation 4.3. The motion was
seconded by Director Comerohere and voice vote reflected unanimous approval.
MOTION: Director Naggar moved to approve staff recommendation 4.4 a, b, c, and d. The
motion was seconded by Director Comerchero and voice vote reflected unanimous approval.
RECESS CITY COUNCIL MEETING
DISTRICT BUSINESS
5 Naminq of Harveston Community Park
RECOMMENDATION:
5.1
Approve the name Harveston Community Park for a 19.5-acre park site in the
Harveston Development as recommended by the Community Services
Commission.
Community Services Director Parker reviewed the staff report (as per agenda material).
Commissioner Hogan, for Director Naggar, reviewed the Commission's process in naming City
parks and recreation facilities.
On behalf of Lennar Communities, Mr. Matthew Fagan, 42011 Avenida Vista Ladera, relayed
support of the proposed recommendation.
MOTION: Director Roberts moved to approve the staff recommendation. The motion was
seconded by Director Stone and voice vote reflected unanimous approval.
DEPARTMENTAL REPORT
No comments.
DIRECTOR OF COMMUNITY SERVICES REPORT
Community Services Director Parker invited the community to the upcoming Holiday Festivities
- Christmas Tree Lighting on Wednesday, December 3, 2003, at the Duck Pond at 6:00 P.M.
and the Electric Light Parade on Thursday, December 4, 2003, on Jefferson Avenue, at 7:00
P.M.
GENERAL MANAGER'S REPORT
General Manager Nelson advised that the Harveston Community Park will be approximately 20
acres in size and will be constructed within the next two years, commenting as well on the
Sports Complex on the southern side of the City (43 acres), and another 20-acre community
park as part of the Roripaugh Ranch Specific Plan, construction to begin within the next few
years.
Minutes.csd\112503 5
BOARD OF DIRECTORS' REPORTS
No comment.
ADJOURNMENT
At 7:40 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, December 16, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park
Drive, Temecula, California.
ATTEST:
Jeff Comerchero, President
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
Minutes.csd\112503 6
ITEM 2
APPROV/~I;~.. /
CITY ATTORNEY .~/~,~
FINANCE DIRECTOR~ ~
CITY MANAGER ~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Herman D. Parker, Director of Community Services
December 16, 2003
Vail Ranch Middle School Basketball Court Lighting Project
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the Board of Directors:
1. Adopt the Negative Declaration with a De Minimus finding for the Vail Ranch Middle School
Basketball Court Lighting Project (EA-091).
2. Authorize the Mayor to sign the Certification of Exemption for HUD Funded Projects.
3. Approve the Joint Use Agreement between the Temecula Valley Unified School Distdct
(TVUSD) and the Temecula Community Services District (TCSD) for the Vail Ranch Middle School
Basketball Court Lighting Project.
4. Authorize the release of a formal public bid for the Vail Ranch Middle School Basketball
Court Lighting Project.
BACKGROUND: The TCSD accommodates two basketball league programs, Temecula
Youth Basketball Associations and National Junior Basketball, for youth between the ages of six and
fourteen (6-14). The YMCA also sponsors youth basketball in the community and the TCSD
accommodates some of their play. The leagues provide basketball opportunities for about 800-900
youth each year. League games are played in the Community Recreation Center gymnasium;
however, there is no time available for youth league practice in the gym due to other scheduled
activities.
Most teams need practice time after 5:00 p.m. to accommodate coaches' schedules. The City has
one lighted basketball court at Pala Community Park. This is not adequate to meet the high demand
for youth league practice and other community use.
The TCSD has negotiated with the TVUSD for use of the eight outdoor basketball courts at Vail
Ranch Middle School. The TCSD will design and construct Iow intensity lighting for the courts and
then program their use after school hours. The Joint Use Agreement is for a term of forty years.
R:\RU S EP~AGEN DAS\VRMS basketball court lighting - bod - 12-16q33.doc
The TCSD will be responsible for maintenance of the lighting improvements, periodic restdping of
the courts, and utility costs associated with the basketball lighting. The Joint Use Agreement was
considered and approved the Community Services Commission at their November 10, 2003
meeting.
The City has obtained $90,000 grant from the Department of Housing and Urban Development
(HUD) toward the completion of this project. An environmental review process under California
Environmental QualityAct (CEQA) and National Environmental PolicyAct (NEPA) was required for
this project. This project is not exempt from CEQA and a Negative Declaration has been prepared.
No significant impacts were identified and no mitigation measures are proposed. The public review
period for the Negative Declaration was from November 24, 2003 to December 15, 2003.
This project is also exempt under NEPA and a Categorical Exemption has been prepared. The
Categorical Exemption must be signed by the Mayor and will be submitted to HUD as part of the
grant package. At the time this report was prepared, no comments had been received on either
environmental review. The public hearing for the environmental process was noticed by publication
in the newspaper, posting of the site and mailed notice to all properties with in 600 feet of the school
site.
Upon approval of the Joint Use Agreement and adoption of the Negative Declaration, staff will select
a design consultant for the preparation of construction documents. It is anticipated that this project
will be completed in time to accommodated next session practice demands.
FISCAL IMPACT: This project is approved and budgeted in the current year in the City's
Capital Improvement Program. Estimated cost to complete the project is $150,000. Of that amount,
$90,000 will be provided through a grant from the Department of Housing and Urban Development.
Attachments:
CEQA Environmental Review
Certification of Exemption for HUD Funded Projects
Vail Ranch Middle School Joint Use Agreement
R:~RUSEP~AGENDAS\VRMS basketball court lighting ~ bod - 12-16-03.doc
City of Temecula
Planning Department
Notice of Proposed Negative Declaration
PROJECT:
APPLICANT:
LOCATION:
DESCRIPTION:
CSD 03-91 Basketball Court Lighting at Vail Ranch Middle School
(Environmental Assessment No. 91)
City of Temecula
Existing Basketball Courts located at Vail Ranch Middle School
33340 Camino Piedra Rojo, Temecula, CA
The installation of lighting for existing basketball courts at Vail Ranch
Middle School
The City of Temecula intends to adopt a Negative Declaration for the project described above.
Based upon the information contained in the attached Initial Environmental Study and pursuant
to the requirements of the California Environmental Quality Act (CEQA); it has been determined
that this project as proposed, revised or mitigated will not have a significant impact upon the
environment. As a result, the City Council intends to adopt a Negative Declaration for this
project.
No mitigation measures are required to reduce or mitigate the impacts of this project.
The Comment Period for this proposed Negative Declaration is November 24, 2003 to
December 15, 2003. Written comments and responses to this notice should be addressed to the
contact person listed below at the following address: City of Temecula, P.O. Box 9033,
Temecula, CA 92589-9033. City Hall is located at 43200 Business Park Drive.
The public notice of the intent to adopt this Negative Declaration is provided through:
X.~ The Local Newspaper. ~ Posting the Site. X Notice to Adjacent Property Owners.
If you need additional information or have any questions concerning this project, please contact
Emery J. Papp at (909) 694-6400.
Prepared by:
R:XE A\ea91~NOT1CE OF PROPOSED NEGATIVE DECLARATION.doc
1
Emery J. Papp, AICP, Associate Planner
(Name and Title)
City of Temecula
Planning Department
Agency Distribution List
PROJECT: CSD 03-91 Basketball Court Lighting at Vail Ranch Middle School
(Environmental Assessment No. 91)
DISTRIBUTION DATE: November 24, 2003
CASE PLANNER: Emery J. Papp, AICP
CITY OF TEMECULA:
Building & Safety ................................... ( X )
Fire Department ...................................... ( )
Police Department .................................. ( )
Parks & Recreation (TCSD) .................. ( X )
Planning, Advance .................................. ( )
Public Works ......................................... ( X )
........ ()
STATE:
Caltrans ................................................... (
Fish & Game ........................................... (
Mines & Geology ..................................... (
Regional Water Quality Control Board .... (
State Clearinghouse ............................. ( X
State Clearinghouse (15 Copies) ............
Water Resources ....................................
FEDERAL:
Army Corps of Engineers ........................
Fish and Wildlife Service .........................
REGIONAL:
Air Quality Management District ..............
Western Riverside COG .........................
RIVERSIDE COUNTY:
Clerk of the Board of Supervisors ............
Airport Land Use Commission .................
Engineer ..................................................
Flood Control ...........................................
Health Department ..................................
Parks and Recreation ..............................
Planning Department ...............................
Habitat Conservation Agency (RCHCA) ..(
Riverside Transit Agency ......................... (
UTILITY:
Eastern Municipal Water District .............. (
Inland Valley Cablevision ......................... (
Rancho CA Water District, Will Serve ..... (
Southern California Gas .......................... (
Southern California Edison ................... ( X )
Temecula Valley School District ........... ( X )
Metropolitan Water District ...................... ( )
OTHER:
Pechanga Indian Reservation .................. ( )
Eastern Information Center ..................... ( )
Local Agency Formation Comm .............. ( )
RCTC ...................................................... ( )
Homeowners' Association ........................ ( )
CITY OF MURRIETA:
Planning ..................................................
R:~E A~ea9 I'~qOTICE OF PROPOSED NEGATIVE DECLARATION,doc
2
~[~~ t City of Temecula
~ ~ ~ P.O. Box 9033, Temecula, CA 92589-9033
~~f Environmental Checklist
Project Title Basketball Court Lighting at Vail Ranch Middle School
(Environmental Assessment No. 91)
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 Existing Basketball Courts located at Vail Ranch Middle
School, 33340 Camino Piedra Rojo, Temecula, CA
Project Sponsor's Name and Community Services District
Address City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
General Plan Designation Public Institutional (PI)
Zoning Public Institutional (PI)
Description of Project The installation of lighting for existing basketball courts at Vail
Ranch Middle School
Surrounding Land Uses and Setting North: Open Space, Highway Tourist Commercial
South: Low Density Residential
East: Public Institutional (to Butterfield Stage Road)
West: Public Institutional (track and field)
Other public agencies whose Temecula Valley Unified School District.
approval is required
R:\E A\ea91~EA91 lES Vail Ranch Middle SchooLdoc
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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 Hazards
Population and Housing Noise
Geologic Problems Public Services
Water Utilities and Service Systems
Air Quality Aesthetics
Transportation/Circulation Cultural Resources
Biological Resources Recreation
Energy and Mineral Resources Mandatory Findings of Significance
· / None
Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE
v' DECLARATION will be prepared
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on 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
I find that the 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
~ursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
Date
Emery J. Papp
Printed Name for
November 20, 2003
R:\E A\ea91\EA91 lES Vail Ranch Middle School.doc
2
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
issues and Supporting Information Sources Impact Incorporated Impact Impact
1. LAND USE AND PLANNING. Would the proposal:
1 .a. Conflict with general plan designation or zoning? (1,3)
l.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)
l.d. Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible land
uses)? (2)
l.e. Disrupt or divide the physical arrangement of an
established community (including Iow-income or minority
community)? (1)
Comments
1 .all The installation of basketball court lighting will not conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over the project, will not be inconsistent with the City's
General Plan Land Use Designation of Public Institutional (PI), will not be incompatible with the
existing land uses in the vicinity, will not impact agricultural operations, and will not further divide the
community. No significant effects are anticipated as a result of this project.
2. POPULATION AND HOUSING. Would be 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 housing, especially affordable housing? ,/
(1,2,3)
Comments
2.all The addition of basketball court lighting will not cumulatively exceed official regional or local
population projections, induce substantial population growth, or displace any housing units. No
significant effects are anticipated as a result of this project.
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. Erosion, changes in topography or unstable soil
conditions form excavation, grading or fill? (1,2)
R:\E A\ea91'~EA91 lES Vail Ranch Middle School.dcc
3
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Supporting Information Sources Impact Incorporated Impact Impact
3.9. Subsidence of the land? ( 1,2)
3.h. Expansive soils? (2)
3.i. Unique geologic or physical features? (2)
Comments
3.all The installation of basketball court lighting will not create or be affected by additional geologic
problems. No significant effects are anticipated as a result of this project.
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, dissolved oxygen
or turbidity)?
4.d. Changes in the amount of surface water in any water ,,,
body?
4.e. Changes in currents, or the course or direction of water
Movements?
4.f. 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 recharge capability?
4.g. Altered direction or rate of flow of groundwater?
4.h. Impacts to groundwater quality? ,/
4.i. Substantial reduction in the amount of groundwater. ,/
Otherwise available for public water supplies?
Comments
4.all I The installation of lighting for the existing basketball courts will not affect any hydrologic or water
I
quality issues. No significant impacts are anticipated as a result of this project.
5. AIR QUALITY. Would the proposal:
5.a. Violate any air quality standard or contribute to an
existing or projected air quality violation? (4)
5.b. Expose sensitive receptors to pollutants? (2) ,-'
5.c. Alter air movement, moisture or temperature, or cause
any change in climate? (2)
5.d. Create objectionable odors? ( 2,4 )
Comments
&all I Basketball court lighting will not affect area or regional air quality to any measurable degree. No
significant impacts are anticipated as a result of this project.
R:\E A\ea91'tEA91 lES Vail Ranch Middle School.doc
4
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Supporting Information Sources Impact Incorporated Impact Impact
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 emergency access or access to nearby uses? ,,'
6.d. Insufficient parking 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.all The project will not result in a significant increase in vehicle trips, traffic congestion, or increase the
demand for roads or parking spaces. Adjacent roadways have significant capacity available and the
middle school facility has sufficient parking spaces available during off-school times. As a result, no
significant impacts are anticipated as a result of this project.
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. heritage trees)? (1,2)
7.0. 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 dispersal or migration corridors?
Comments:
7.all The project site is currently paved and fenced and will not impact any plant or wildlife species. No
significant impacts are anticipated as a result of this project.
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? (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:
&all. Some very small incremental increases in mineral resources will occur as a result of installing
basketball court lighting. Because of this very small incremental increase, no significant impacts are
anticipated as a result of this project.
R:\E A\ea91\EA91 lES Vail Ranch Middle School.doc
5
Issues and Supporting Information Sources
HAZARDS. Would the proposal involve:
Potentially
Significant
Impact
Potentially IImpact
Significant Unless Less Than
Mitigation Significant No
Incorporated Impact
A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemical or radiation)? (1,2)
Possible interference with an emergency response plan
or amen ~ evacuation plan?
The creation of any health hazard or potential health
hazard?
Exposure of people to existing sources of potential health
hazards?
increase fire hazard in areas with flammable brush,
irass, or trees? (1)
Comments:
9.all
10. NOISE. Would the proposal result in:
10.a. Increase in existing noise levels?
10.b. Exposure of people to severe noise
Basketball court lighting will not cause an increase in community hazards. No significant impacts are
anticipated as a result of this project.
Comments:
10.all The proposal could potentially result in a slight and less than significant increase to existing noise
levels during the construction phase of the project and during use of the facility. However, because
of the distance of the site to the nearest homes, no significant noise impacts are anticipated in either
the short or long-term.
11. PUBLIC SERVICES: Would the proposal have an effect
Upon, or result in a need for new or altered government
Services in any of the following areas:
11 .a. I Fire protection?
11.b. I Police protection?
11.c. I Schools?
11 .d. Maintenance of public facilities, including roads?
11 .e. Other governmental services?
Comments:
11.all
The project could have the potential for a slight increase in on-going maintenance, for lighting only,
and will require some additional expenditures by the City. On-going lighting maintenance will be
contained within the Temecula Community Services Department budget and is expected to be
minimal. No significant impacts are anticipated as a result of this project.
R:\E A\ea91\EA91 lES Vail Ranch Middle SchooLdoc
6
PotentiaJly
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Supporting Information Sources Impact Incorporated Impact Impact
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 The project will not result in a need for new public utility systems. All utility systems are already
available at the school site. No significant impacts are anticipated as a result of this project.
13. AESTHETICS. Would the proposal:
13.a. Affect a scenic vista or scenic highway? (1.2)
13.b. Have a demonstrable negative aesthetic affect? v'
13.c. Create light or glare? ,,'
Comments:
13.a.b The project will not affect a scenic vista or have a negative aesthetic impact on a scenic highway. No
significant impacts are anticipated as a resutt of this project.
13.c. The addition of onsite lighting is the primary purpose of this project. However, shielding of the light
fixtures and the distance from the street and adjacent homes should eliminate any off-site
illumination. No significant impacts are anticipated as a result of this project.
14. CULTURAL RESOURCES. Would the proposal:
14.a. Disturb paleontological resources? (1,2) ,/
14.b. Disturb archaeological resources? ( 1,2) v'
14.c. Affect historical resources? (1)
14.d. Have the potential to cause a physical change which ,,,
would affect unique ethnic cultural values? (1)
14.e. Restrict existing religious or sacred uses within the ,,,
potential impact area? (1)
Comments:
14.all The project will not have an impact on paleontological, archaeological, historical or cultural
resources. No significant impacts are anticipated as a result of this project.
15. RECREATION. Would the proposal:
15.a. I increase the demand for neighborhood or regional parks I I I I '"
R:\E A\ea91\EA91 lES Vail Ranch Middle SchooLdoc
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Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Supporting Information Sources Impact Incorporated Impact Impact
or other recreational facilities? (1,2)
15.b. Affect existing recreational opportunities?
Comments:
1&all The project is expected to meet a portion of the existing community recreation needs. As a result, it
will not increase the current or future demand for parks or other recreational facilities. No significant
impacts are anticipated as a result of this project.
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 that area 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 on human beings,
either directly or indirectly?
EARLIER ANALYSES.
City of Temecula Environmental Assessment 49, Temecula Valley High School Tennis Court
Lighting.
2.
3.
4.
SOURCES
City of Temecula General Plan.
City of Temecula General Plan Final Environmental Impact Report.
City of Temecula Development Code and Official Zoning Map
South Coast Air Quality Management District CEQA Air Quality Handbook.
R:\E A\ea91\EA91 lES Vail Ranch Middle School.doc
8
Project Name:
Project Description:
Address:
Certification of Exemption for HUD funded projects
Determination of activities not subject to 24 CFR 58.34(a)
May be subject to provisions of Sec 58.6, as applicable
Vail Ranch Middle School Basketball Court Lighting
lnstal±ation o~ ±lg~tlng on existing outdoor basketball courts
333~U Camino Fiedra Rojo, Temecula, CA 9258~
Funding Source: CDBG HOME ESG
Funding Amount: $90,000
Grant Number: S-02-S?-CA-0110
HOPWA EDI Other
I hereby certify that the abovementioned project has been reviewed and determined an Exempt activity per 24 CFR
58.34(a) as follows:
1. Environmental and other studies, resource identification and the development of plans and
strategies;
2. Information and financial services;
3. Administrative and management activities;
4. Public services that will not have a physical impact or result in any physical changes, including
but not limited to services concemed with employment, crime prevention, child care, health, drug
abuse, education, counseling, energy conservation and welfare or recreational needs;
5. Inspections and testing of properties for hazards or defects;
6. Pumhase of insurance;
7. Purchase of tools;
8. Engineering or design costs;
9. Technical assistance and training;
t 0. Assistance for temporary or permanent improvements that do not alter environmental
conditions and are limited to protection, repair, or restoration activities necessary only to control or
arrest the effects from disasters or imminent threats to public safety including those resulting from
physical deterioration;
11. Payment of principal and interest on loans made or obligations guaranteed by HUD;
12. Any of the categorical exclusions listed in Sec. 58.35(a) provided that there are no
circumstances that require compliance with any other Federal laws and authorities cited in Sec.
58.5.
If your project falls into any of the above categories, you do not have to submit a Request for Release of Funds
(RROF), and no further approval from HUD will be needed by the recipient for the draw-down of funds to carry out
exempt activities and projects. However, the responsible entity must still document in writing its compliance with
and/or applicability of "other requirements" per 24CFR58.6 (included with this document).
By signing below the Responsible Entity certifies in writing that each activity or project is exempt and meets the
conditions specified for such exemption under section 24 CFR 58.34(a). Please keep a copy of this determination in
your project files.
Jeffrey' E. Stone, Mayor~ City of Temecula
Responsible Entity Certifying Official Name & Title (please print)
Responsible Entity Certifying Official Signature
Date
ENVIRONMENTAL RECORD REVIEW DOCUMENT 10/16/02 HUD LAFO
Compliance Documentation Checklist (Exempt Project)
24 CFR 58.6
PROJECT NAME/DESCRIPTION: Vail Ranch Middle School Basketball Court Lighting -
Installation of lishting on existing outdoor basketball courts
Level of Environmental Review Determination:
(Select One: Exempt per 24 CFR 58.34, or Categorically Excluded not subject to statutes per § 58.35(b), or
Categorically Excluded subject to statutes per § 58.35(a), or Environmental Assessment per § 58.36, or ElS per 40
CFR 1500)
STATUTES and REGULATIONS listed at 24 CFR 58.6
FLOOD DISASTER PROTECTION ACT
1. Does the project involve acquisition, construction or rehabilitation of structures located in a FEMA-identified Special
Flood Hazard?
( × ) No; Cite Soume Document:
FEMA Flood Insurance Rate Map Panel No. 060742~010R
( ) Yes; Soume Document:
2. Is the community participating in the National Insurance Program (or has less than one year passed since FEMA
notification of Special Flood Hazards)?
( × ) Yes (Flood Insurance under the National Flood Insurance Program must be obtained and maintained for the
economic life of the project, in the amount of the total project cost. A copy of the flood insurance policy declaration
must be kept on file).
( ) No (Federal assistance may not be used in the Special Flood Hazards Area).
.COASTAL BARRIERS RESOURCES ACT
1. Is the project located in a coastal barrier resoume area?
( x ) No; Cite Soume Documentation: There are no Coastal Barriers in the State of California
(This element is completed).
( ) Yes - Federal assistance may not be used In such an area.
AIRPORT RUNWAY CLEAR ZONES AND CLEAR ZONES DISCLOSURES
1. Does the project involve the sale or acquisition of existing property within a Civil Airport's Runway Clear Zone or a
Military Installation's Clear Zone?
(×) No; Source Documentation:
City of Temecula General Plan Circulation Element
Project complies with 24 CFR 51.303(a)(3).
( ) Yes; Disclosure statement must be provided to buyer and a copy of the signed disclosure must be maintained
in this Environmental Review Record.
Prepared by (name and title, please print): Emery J. Papp, AICP, Associate Planner, City of Temecula
Signature:
Date:
ENVIRONVMENTAL RECORD REVIEW DOCUMENT 10/16/02 HUD LAFO
AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES
DISTRICT (TCSD) AND
TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR
THE JOINT USE OF A PORTION OF
VAIL RANCH MIDDLE SCHOOL
THIS AGREEMENT is made and entered into as of December 16, 2003,
and between the Temecula Community Services Disthct, a municipal corporation
("TCSD"), and the Temecula Valley Unified School Disthct ("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. The governing body of any school
district is authorized by these provisions to use the buildings, grounds, and
equipment of the district, or any of them, to carry out the recreational and
educational objectives, or may grant the use of any building, grounds, or
equipment of the district to any other public authority for such purposes,
whenever the use of the buildings, grounds, or equipment for community
recreational purposes will not interfere with use of the buildings, grounds, and
equipment for any other purpose of the public school system. Accordingly, the
district is authorized to enter into the Agreement with the TCSD;
b. District is the owner of certain real property within the City of
Temecula, known as the site for proposed Vail Ranch Middle School, located at
33340 Camino Piedra Rojo, Temecula California.
c. District and TCSD desire to jointly develop and utilize a portion of
Vail Ranch Middle School for park, recreational and education purposes
benefitting the citizens of Temecula; and
d. The portion of the Vail Ranch Middle School to be developed and
used for these joint purposes is approximately .5 acres consisting generally of
basketball courts and parking lots located on the Vail Ranch Middle School
property and is legally described and depicted on Exhibit A., attached hereto and
incorporated herein by this reference (hereafter the "Property").
2. Use of Property as Park. District hereby grants to the TCSD a
license to use the Property as a public park in accordance with the terms and restrictions
as set forth in this Agreement and the ordinances, rules and regulations of the City of
Temecula and the Temecula Community Services District governing the use of parks.
3. Term of Agreement. The term of this Agreement shall be for a
period of forty (40) years beginning July 1, 2003 and shall terminate June 30, 2043;
provided, however, that this Agreement may be amended at any time by mutual consent
of both parties.
4. Apportionment of Use of Property by TCSD and District. The
Property shall be used for school purposes as a part of the Vail Ranch Middle School by
the District during the hours of 8:00 a.m. to 4:00 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 TCSD prior to the beginning of each
school year. At all other times, the Property shall be used for public park purposes by the
TCSD and subject to such park rules and regulations for the use of the park as the TCSD
may enact.
5. Improvement of the Property. The TCSD will construct and
install lights on the Property for the basketball courts at is sole cost and expense. In
constructing such facilities TCSD shall comply with all applicable federal and state laws
in connection with its construction and installation of the improvements, including the
Field Act and the California Environmental Quality Act.
6. TCSD Maintenance Responsibilities. During the term of this
Agreement, the TCSD shall, at its sole expense, perform the following maintenance on
the Property and the improvements which currently exist upon it or which are to be
constructed upon the Property pursuant to the terms of this Agreement, in accordance
with reasonable maintenance standards and schedules approved by the Director of
Community Services of the City and the District.
a. Maintain the lights for the basketball courts;
Property;
Remove litter from the Property following TCSD events on the
c. Maintain all park and recreational facilities installed by the TCSD
pursuant to this Agreement; and
d. Pay for all utility costs of ball field lighting and other facilities
installed or constructed by the TCSD pursuant to this Agreement.
basis.
Pay for re-striping of basketball court markings on an as needed
R 5RUS EP\CONTRACTxTVUS D joint use-Vail Ranch Middle School. DOC 2
7. School District Maintenance Responsibilities. During the term
of this Agreement, the District shall, at its sole expense, unless otherwise provided
herein, pe~orm all maintenance on the Property and the improvements which is not being
performed by the TCSD pursuant to Section 6 of this Agreement, in accordance with
reasonable maintenance standards for park and recreational facilities.
8. Indemnification
a. TCSD agrees to hold harmless, defend, and indemnify District
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
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 TCSD or any other persons or parties (other than
District) authorized to so use or maintain the Property by TCSD pursuant to this
Agreement.
b. District agrees to hold harmless, defend, and indemnify TCSD and
City of Temecula 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
TCSD, 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 or
maintenance of the Property by District or any other persons or parties (other than
TCSD) authorized to so use the Property by District pursuant to this Agreement.
9. Defaults and Remedies
a. Subject to the extensions of time set approved in writing by a
party, failure or delay by either party 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 fi.om 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 rights or remedies shall not preclude the exercise by it, at the
R:LRUSEP\CONTRACTxTVUSD joint usc-Vail Ranch Middle School. DOC 3
same or different times, of any other rights 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 enfome any such rights or remedies.
e. If a default is not fully cured by the defaulting party as provided in
this Paragraph, the defaulting party shall be 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
enfome its rights under this Agreement, the prevailing party, as determined by the
Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
10. Force Ma.ieure. Except as othenvise expressly provided in this
Agreement, if the performance of any act required by this Agreement to be performed by
either District or TCSD 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 TCSD, 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 TCSD as follows:
District:
Temecula Valley Unified School District
31350 Rancho Vista Road
Temecula, Califomia 92592
Attention: Superintendent
R:kRUSEP\CONTRACTxTVUSD joint usc~Vail Ranch Middle School. DOC 4
TCSD:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
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 TCSD may assign all or part of the benefits and obligations of this
Agreement to the Temecula Community Services District without further consent of the
District.
14. Sole and Only Agreement. This Agreement constitutes the sole
and only agreement between District and TCSD 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. Authori .ty 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.
18. Termination. This Agreement may be terminated by the District
on eight (8) months prior written notice to TCSD provided that: (1) the Board of Trustees
R:~t~US EP\C ONTRa~C T~TVUS D joint use-Vail Ranch Middle School. DOC 5
of the District determines in writing that the Property and the improvements thereon are
needed for educational purposes; and (2) if the Agreement is to be terminated within ten
(10) years of the date of this Agreement, District pays to TCSD a sum equal to fifty
percent (50%) of the costs incurred by TCSD in constructing the improvements described
in this Agreement.
IIII
IIII
R:~R.U S EP\CONTRACT~TVUS D joint use-Vail Ranch Middle School. DOC 6
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:
Secretary to the School Board
TEMECULA COMMUNITY SERVICES
DISTRICT
Jeff Comerchero
President
Attest:
Susan Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
RSRUSEP\CONTRACTxlYUS D joint use-Vail Ranch Middle School. DOC 7
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
R:~RUSEP\CONTRACTxTVUSD joint use-Vail Ranch Middle School. DOC 8
0
0
ITEM 3
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN~:E ~./U.~_
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
General Manager/Board of Directors
usan W. Jones
ity Clerk/Director of Support Services
December 16, 2003
Appointment of President and Vice President of the Community Services District
for Calendar Year 2004
RECOMMENDATION:
Entertain motions from the Board of Directors to appoint the President to preside until
the end of Calendar Year 2004.
Entertain motions from the Board of Directors to appoint the Vice President who will
assume the duties of the President in the President's absence, and hold this office until
the end of Calendar Year 2004.
BACKGROUND: The Community Services District Board of Directors appoints a member to
serve as President and Vice President annually. These offices are assumed at the first meeting
of the Community Services District in January and the newly elected officers will preside
through the Calendar Year of 2004.
Agenda Reports/Appointment of CSD Officers 2004
TCSD
DEPARTMENTAL
REPORT
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
NOVEMBER 25, 2003
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:40
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Roberts,
Washington, and Stone
ABSENT: 0 AGENCY MEMBER: None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 18, 2003.
MOTION: Agency Member Stone moved to approve Consent Calendar Item No. 1. The motion
was seconded by Agency Member Naggar and voice vote unanimous approval.
EXECUTIVE DIRECTOR'S REPORT
No comment.
AGENCY MEMBERS' REPORTS
No comments.
ADJOURNMENT
At 8:41 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, December 16, 2003 in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Ron Roberts, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:\MJnutes.rda\112503
ITEM 2
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
Shawn E. Nelson, Executive Director
Genie Roberts, Director of Finance
December 16, 2003
Component Unit Financial Statements for Fiscal Year Ended June 30, 2003
PREPARED BY:
Kadn Grance, Revenue Manager
RECOMMENDATION: That the Redevelopment Agency Board receive and file the Temecula
Redevelopment Agency Component Unit Financial Statements for Fiscal Year Ended June 30,
2003.
BACKGROUND: Per Section 33080.1 of the Health & Safety Code, the agency is required
to submit an annual report to the board within six (6) months of the end of the agency's fiscal year.
Also included are the Annual State Controller's Report and the Annual RDA Housing Report (HCD
Report.)
As a result of a new accounting rule, Governmental and Accounting Standards Board's (GASB)
Statement Number 34, Basic Financial Statements and Management's Discussion and Analysis
(MD&A) for State and Local Governments, the City is required to change the presentation of its
annual financial statements and analysis effective with the fiscal year ending June 30, 2003. Some
major changes include the reporting of infrastructure assets, showing activities on a program level,
and the inclusion of the MD&A.
FISCAL IMPACT: None.
ATTACHMENTS:
Component Unit Financial Statement
State Controller's Report
Annual Housing Report
TEMECULA REDEVELOPMENT AGENCY
COMPONENT UNIT FINANCIAL STATEMENTS
WITH REPORT ON AUDIT
BY INDEPENDENT
CERTIFIED PUBLIC ACCOUNTANTS
JUNE 30, 2003
DIEHL, EVANS & COMPANY, LLP
CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS
2121 ALTON PARKWAY, SUITE 100
IRVINE, CALIFORNIA 926064906
(949) 399-0600 · FAX (949) 399-0610
www. diehlevans.com
August 29, 2003
INDEPENDENT AUDITORS' REPORT
Agency Members
Temecula Redevelopment Agency
Temecula, California
We have audited the accompanying basic financial statements of the governmental activities and each
major fund of the Temecula Redevelopment Agency (a component trait of the City of Temecula), as. of
and for the year ended June 30, 2003, which collectively comprise the Agency's basic financial
statements, as listed in the table of contents. These basic financial statements are the responsibility of
the Agency's management. Our responsibility is to express opinions on these basic financial statements
based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States
of America and the standards applicable to financial audits contained in Government Auditing
Standards issued by the Controller General of the United States. Those standards require that we plan
and perform the audit to obtain reasonable assurance about whether the basic financial statements are
free of material misstatement. An audit includes examining, on a test basis, evidence supporting the
amounts and disclosures in the financial statements. An audit also includes assessing the accounting
principles used and significant estimates made by management, as well as evaluating the overall basic
financial statement presentation. We believe that our audit provides a reasonable basis for our
opinions.
In our opinion, the basic fmancial statements referred to above present fairly, in all material respects,
the respective financial position of the governmental activities and each major fund of the Temecula
Redevelopment Agency as of June 30, 2003, and the respective changes in financial position thereof
for the year then ended in conformity with accounting principles generally accepted in the United
States of America.
OTHER OFFICES AT:
-1-
2965 ROOSEVELT STREET
CARLSBAD, CALIFORNIA 92008-2389
(760) 729-2343 · FAX (760) 729-2234
613 Vt VALLEY PARKWAY, SUITE 330
ESCONDIDO, CALIFORNIA 92025-2598
(760) 741-3141 · FAX (760) 7'H-9890
In accordance with Government Auditing Standards, we have also issued our report dated
August 29, 2003 on our consideration of the Temecula Redevelopment Agency's internal control over
financial reporting and our tests of its compliance with certain provisions of laws, regulations,
contracts and grants. That report is an integral part of an audit performed in accordance with
Government Auditing Standards and should be read in conjunction with this report in considering the
results of our audit.
The information identified in the accompanying table of contents as management's discussion and
analysis and required supplementary information are not a required part of the basic financial
statements, but are supplementary information required by the Governmental Accounting Standards
Board. We have applied certain limited procedures, which consisted principally of inquiries of
management regarding the methods of measurement and presentation of this supplementary
information. However, we did not audit the information and express no opinion on it.
Our audit was conducted for the purpose of forming opinions on the financial statements that
collectively comprise the Temecula Redevelopment Agency's basic financial statements. The
computation of the excess surplus of the Low and Moderate Income Housing Special Revenue Fund is
presented for additional analysis and is not a required part of the basic financial statements. The
information has been subjected to the auditing procedures applied in the audit of the basic financial
statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial
statements taken as a whole.
-2-
TEMECULA REDEVELOPMENT AGENCY
MANAGEMENT'S DISCUSSION AND ANALYSIS
June 30, 2003
As management of the Temecula Redevelopment Agency Redevelopment agency, we offer readers of
the Agency's basic financial statements this narrative overview and analysis of the financial activities
of the Agency for the fiscal year ended June 30, 2003. We encourage readers to consider the
information presented here in conjunction with additional information that has been furnished in the
accompanying basic fmancial statements. As these statements represent the Agency's first statements
issued pursuant to Governmental Accounting Standards Board (GASB) Statement No. 34, the
comparisons to the prior year are not provided on the government-wide fmancial statements.
Comparative data on the government-wide financial statements will be presented in future years.
Financial Highlights
· The Agency's governmental activities resulted in net assets (deficit) of $143,520.
· The liabilities of the Agency exceeded its assets at the close of the current fiscal year by $143,520.
· Tax increment Revenues increased from $10,626,553 to 10,949,852.
Overview of the Financial Statements
The discussion and analysis are intended to serve as an introduction to the Temecula Redevelopment
Agency basic financial statements. The agency's basic financial statements comprise three
components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the
financial statements. This report also contains other supplementary information in addition to the basic
financial statements themselves.
Government-wide financial statements
The government-wide financial statements are designed to provide readers with a broad overview of
the agency's finances, in a manner similar to a private-sector business.
The statement of net assets presents information on all the Temecula Redevelopment Agency assets
and liabilities, with the difference between the two reported as net assets. Over time, increases or
decreases in net assets may serve as a useful indicator of whether the financial position of the agency is
improving or deteriorating.
See independent auditors' report.
-3-
TEMECULA REDEVELOPMENT AGENCY
MANAGEMENT'S DISCUSSION AND ANALYSIS
(CONTINUED)
June 30, 2003
Government-wide financial statements (Continued)
The statement of activities presents information showing how the government's net assets changed
during the most recent fiscal year. All changes in net assets are reported as soon as the underlying
events giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues
and expenses are reported in this statement for some items that will only result in cash flows in the
future fiscal periods (e.g., uncollected taxes and earned but unused vacation,leave).
The government-wide financial statements present information about the functions of the Temecula
Redevelopment Agency that is principally supported by taxes and intergovemmental revenues
(governmental activities). The governmental activities of the agency include Low and Moderate
Income Housing, Redevelopment CIP and Debt Service.
Fund financial statements
A fund is a grouping of related accounts that is used to maintain control over resources that have been
segregated for specific activities or objectives. The Temecula Redevelopment Agency, like other state
and local governments, uses fund accounting to ensure and demonstrate compliance with finance-
related legal requirements.
Governmental funds. Governmental funds are used to account for essentially the same functions
reported as governmental activities in the government-wide financial statements. However, unlike the
government-wide financial statements, governmental fired financial statements focus on near-term
inflows and ou~ows of spendable resources, as well as on balances on spendable resources available
at the end of the fiscal year. Such information may be useful in evaluating a government's near-term
financing requirements.
Because the focus of governmental fund is narrower than that of the government-wide financial
statements, it is useful to compare the information presented for governmental funds with similar
information presented for governmental activities in the government-wide £mancial statements. By
doing so, readers may be better understanding the long-term impact of the government's near-term
financing decisions. Both the governmental fund balance sheet and governmental fund statement of
revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this
comparison between governmental funds and governmental activities.
The Temecula Redevelopment Agency maintains various individual government funds. Information is
presented separately in the governmental fund balance sheet and in the govermnentai fund statement of
revenues, expenditures, and changes in fund balances; all of which are considered to be major funds.
1
1
See independent auditors' report.
-4-
TEMECULA REDEVELOPMENT AGENCY
MANAGEMENT'S DISCUSSION AND ^NALYSIS
(CONTINUED)
June 30, 2003
Notes to the Financial Statements
The notes provide additional information that is essential to a full understanding of the data provided in
the government-wide and fund financial statements. The notes to the financial statements can be found
on pages 14 - 27 of this report.
Other information
In addition to the basic financial statements and accompanying notes, this report also presents the
computation of the Low/Moderate Income Housing Fund's excess/surplus balance.
Government -wide Financial Analysis
As noted earlier, the net assets for the Temecula Redevelopment Agency decreased (deficit) by
$143,520 at June 30, 2003. The agency's primary source of revenue comes from property taxes and
Tax Allocation Bonds. The agency's plan is to achieve the objectives of the Redevelopment plans.
The following summaries of net assets and change in net assets are presented for the current year only,
as opposed to presenting prior year amounts for comparative purposes. These statements represent the
Agency's first statements that were prepared pursuant to GASB Statement 34; as such the comparisons
to the prior year are not available.
Temecula Redevelopment Agency
Summary of Net Assets
As of June 30, 2003
Current and other assets
Capital assets
Total assets
Government
Activities
$ 23,601,831
7,370,994
30,972,825
28,003,733
3,112,612
31,116,345
Long-term liabilities outstanding
Other liabilities
Total liabilities
Invested in capital assets, net of related debt
Restricted
Unrestricted
Total Net Assets (Deficit)
(143,520)
$ (143,520)
See independent auditors' report.
-5-
TEMECULA REDEVELOPMENT AGENCY
MANAGEMENT'S DISCUSSION AND ANALYSIS
(CONTINUED)
Sune 30, 2003
Government -wide Financial Analysis (Continued)
Temecula Redevelopment Agency
Changes in Net Assets
For the Year ended June 30, 2003
Governmental
Activities
2003
General revenues:
Taxes:
Tax increment $ 10,949,852
Investment earnings 670,399
Other Income 680,209
Total revenues 12,300,460
Expenses:
Community Development
Interest expense
11,844,030
1~389,402
Total expenses 13,233,432
$ (932,972)
Change in Net Assets
Financial Analysis of the Government's Funds
As noted earlier, the Temecula Redevelopment Agency uses fund accounting to ensure and
demonstrate compliance with finance-related legal requirements.
Governmental funds. The focus of the Temecula Redevelopment Agency's governmental funds is to
provide information on near-term inflows, outflows, and balances of spendable resources. Such
information is useful in assessing the Temecula Redevelopment Agency's financing requirements. In
particular, unreserved fund balance may serves as a useful measure of government's net resources
available for spending at the end of the fiscal year. The Agency's governmental fund balance sheet is
shown on page 10 and shows a total fund balance of $21,162,226 at the end of the year.
See independent auditors' report.
TEMECULA REDEVELOPMENT AGENCY
MANAGEMENT'S DISCUSSION AND ANALYSIS
(CONTINUED)
June 30, 2003
Capital Asset and Debt Administration
Capital assets
The Temecula Redevelopment Agency's investment in capital assets for its governmental activities as
of June 30, 2003, amounts to $7.3 million (net of accumulated depreciation). This investment is
capital assets include land, furniture and equipment. More detailed information about the agency's
capital assets is presented on page 23 in the Notes to the Basic Financial Statements.
Long-term debt
At the end of the current fiscal year, the Temecula Redevelopment Agency had $28 million of Tax
Allocation Bonds backed by the tax increment credit allocated. More detailed information about the
agency's long-term debt is presented on page 23 in the Notes to the Basic Financial Statements
Economic Factors and Next Year's Budgets and Rates
The key assumptions of the Agency's forecast for fiscal year 2003-04 were:
1. A 3% increase in tax increment revenue is projected due to strong commercial and industrial
development, as well as increasing property valuations in the project area.
2. To promote, encourage participation in the Fagade Improvement Program and to recruit new
businesses to open in Old Town.
3. To encourage private investment in the expansion of affordable housing and partner with
non-profit and for profit developers to construct affordable family and senior housing.
All of these factors were considered in prepar'mg the Temecula Redevelopment Agency's annual
operating budget for 2003-04 fiscal year.
Requests for Information
This financial report is designed to provide a general overview of the Temecula Redevelopment
Agency's finances for all those with an interest in the government's finances. Questions concerning
any of the information provided in this report or requests for additional financial information should be
addressed to Temecula Redevelopment Agency Finance Department, P.O. Box 9033, Temecula,
California 92589-9033.
See independent auditors' report.
-7-
BASIC FINANCIAL STATEMENTS
TEMECULAREDEVELOPMENTAGENCY
STATEMENT OF NET ASSETS
June 30, 2003
ASSETS:
Cash and investments (Note 2)
Receivables:
Interest
Taxes, including interest, penalties and liens
Notes
Intergovernmental
Prepaid charges
Land held for resale
Restricted assets (Note 2):
Restricted cash and investments with fiscal agents
Capital assets (net of accumulated depreciation) (Note 4)
TOTAL ASSETS
LIABILITIES:
Accounts payable
Accrued liabilities
Interest payable
Deposits
Deferred revenue
Advances fi.om the City of Temecula
Noncurrent liabilities (Note 5):
Due within one year
Due in more than one year
TOTAL LIABILITIES
NET ASSETS (DEFICIT):
Invested in capital assets, net of related debt
Restricted
Unrestricted
TOTAL NET ASSETS (DEFICIT)
Governmental
Activities
$ 10,537,769
89,830
38,831
1,469,466
326,799
47
2,103,053
9,036,036
7,370,994
30,972,825
29,059
18,263
578,007
30,000
905,228
1,457,055
95,000
28,003,733
31,116,345
(143,520)
$ 043,520)
See independent auditors' report and notes to basic financial statements.
-8'
TEMECULA REDEVELOPMENT AGENCY
STATEMENT OF ACTIVITIES
For the year ended June 30, 2003
Functions/Pro~rams
PRIMARY GOVERNMENT:
Governmental activities:
Communit~ development
Interest expense
Total governmental
activities
Program Revenues
Net(Expense)
Revenue and
Changesin
Net Asse~
Operating Capital
Charges for Grants and Grants and Governmental
Expenses Services Contributions Contributions Activities
$ 11,844,030 $ $
1,389,402
$ $(I1,$44,030)
(1,389,402)
$ 13,233,432 $ $
GENERAL REVENUES:
Taxes:
Tax increment
Investment earnings
Other
Gain on sale of property
Total general revenues
CHANGE IN NET ASSETS
NET ASSETS - BEGINNING OF YEAR
NET ASSETS (DEFICIT) - END OF YEAR
$ (13,233,432)
10,949,852
670,399
451,900
228,309
12,300,460
(932,972)
789,452
(143,520)
See independent auditors' report and notes to basic financial statements.
-9-
TEMECULA REDEVELOPMENT AGENCY
BALANCE SHEET - GOVERNMENTAL FUNDS
June 30, 2003
ASSETS
Cash and investments
Receivables: Interest
Taxes, including interest, penalties and liens
Notes
Intergovernmental
Due fxom other funds
Prepaid items
Land held for resale
Restricted cash and investments with fiscal agents
TOTAL ASSETS
LIABILITIES AND FUND BALANCES
LIABILITIES:
Accounts payable
Accrued liabilities
Deposits
Deferred revenue
Due to other funds
Advances from the City of Temecula
TOTAL LIABILITIES
FUND BALANCES:
Reserved for:
Encumbraneas
Prepaid items
Debt service
Land held for resale
Low and moderate income housing
Long-term assets
Unreserved:
Designated for debt service
TOTALFUNDBALANCES
TOTALLIABILITIESAND
AND FUNDBALANCES
Special Debt
Revenue Service
$ 8,493,662 $ 2,044,107
34,750 8,589
7,766 31,065
1,219,906
13,361
251,184
35
46
$ 9,769,480 $ 2,334,991
Total
Capital Governmental
Projects Funds
$ $ 10,537,769
46,491 89,830
38,831
249,560 1,469,466
313,438 326,799
251,184
12 47
2,103,053 2,103,053
9,035,990 9,036,036
$ 11,748,544 $ 23,853,015
$ 15,283 $
9,597
748,169
1,457,055
13,776 $ 29,059
8,666 18,263
30,000 30,000
157,059 905,228
251,184 251,184
1,457,055
773,049 1,457,055
460,685 2,690,789
39,462
35
8,485,197
471,737
877,936
147,610 187,072
12 47
877,936
2,103,053 2,103,053
8,485,197
156,379 628,116
8,880,805 8,880,805
8,996,431 877,936 11,287,859 21,162,226
$ 9.......,769,480 $ 2,334,991 $ 11,748,544 $ 23,853,015
See independent auditors' report and notes to basic financial statements.
-10-
TEMECULA REDEVELOPMENT AGENCY
RECONCILIATION OF GOVERNMENTAL FUNDS BALANCE SHEET
TO THE STATEMENT OF NET ASSETS
June 30, 2003
Amounts reported for governmental activities in the Statement of Net Assets are different because:
Fund balances for governmental funds
Capital assets used in governmental activities are not financial resources and, therefore, are not
reported in the governmental funds:
Cost $ 7,378,774
Less: accumulated depreciation (7,780)
Long-term liabilities applicable to the Agency's govemmental activities are not due and payable in
the current period and accordingly are not reported as fund liabilities. All liabilities, both current
and long-term are reported in the Statement of Net Assets:
Tax allocation bonds payable
Compensated absences
Accrued interest payable for the current portion of interest due on long-term liabilities has not
been reported in the governmental funds
Net assets (deficit) of governmental activities
$ 21,162,226
7,370,994
(28,055,000)
(43,733)
(578,007)
$ (143,520)
See independent auditors' report and notes to basic financial statements.
-11-
TEMECULA REDEVELOPMENT AGENCY
STATEMENT OF KEVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCES - GOVERNMENTAL FUNDS
For the year ended June 30, 2003
KEVENUES:
Tax increment revenue
Investment and rental
Other
TOTAL REVENUES
EXPENDITURES:
Current:
Community development
Capital outlay
Debt service:
Interest and fiscal charges
Pass4hrough
TOTAL EXPENDITURES
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES
OTHER FINANCING SOURCES (USES):
Sale of property
Transfers in
Transfers out
TOTAL OTHER FINANCING
SOURCES (USES)
EXCESS OF REVENUES AND
OTHER FINANCING SOURCES
OVER (UNDER) EXPENDITURES
AND OTHER FINANCING USES
FUND BALANCES - BEGINNING OF YEAR,
AS RESTATED
FUND BALANCES - END OF YEAR
Total
Special Debt Capital Governmental
Revenue Service Projects Funds
$ 2,189,970 $ 8,759,882 $ $ 10,949,852
231,034 603 438,762 670,399
407,073 44,827 451,900
2,828,077 8,760,485 . 483,589 12,072,151
496,679 750,141 3,565,779 4,812,599
946,327 102,122 1,048,449
1,077,920 1,077,920
5,978,382 5,978,382
1,443,006 7,806~443 3,667,901 12,917,350
1,385,071 954,042 (3,184,312) (845,199)
(676,771)
228,309 228,309
676,771 676,771
(676,771)
(676,771) . 905,080 228,309
1,385,071 277,271 (2,279,232) (616,890)
7,611,360 600,665 13,567,091 21,779,116
$ 8,996,431 $ 877,936 $ 11,287,859 $ 21,162,226
See independent auditors' report and notes to basic financial statements.
-12-
TEMECULA REDEVELOPMENT AGENCY
RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCES OF GOVERNMENTAL FLrNDS
TO THE STATEMENT OF ACTIVITIES
June 30, 2003
Amounts reported for governmental activities in the Statement of Activities are different because:
Net change in fund balances - total governmental funds
Govemmantal funds report capital outlays as expenditures. However, in the statement of
activities, the costs of those assets are allocated over their estimated useful lives as a
depreciation expense. This is the mount by which capital outlays exceeded depreciation
in the current period:
Capital outlay $ 1,750
Depreciation expense
The issuance of long-tarm debt provides current financial resources to governmental
funds, while the repayment of long-term debt consumes the current financial resources
of goverumental fund. Neither transaction, however, has any effect on net assets.
Net change in compensated absences
Some expenses reported on the Statement of Activities do not require the use of curreut
fifiancial resources and therefore are not reported as expenditures in the governmental funds:
Net change in accrued interest
Change in net assets ofgoverumental activities
See independent auditors' report and notes to basic financial statements.
- 13-
$ (616,890)
1,750
(6,350)
(311,482)
$ (932,972)
NOTES TO BASIC FINANCIAL STATEMENTS
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
June 30, 2003
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES:
History and Organization:
The Temecula Redevelopment Agency (the Agency) was established during July 1991 pursuant to
the State of California Health and Safety Code Section 33000, entitled "Community
Redevelopment Law". The Agency acts as a legal entity, and the City Council of the City of
Temecula (the City) functions as the Agency's governing board. The primary purpose of the
Agency is to eliminate blighted areas by encouraging the development of residential, commemial,
industrial, recreation and public facilities.
The Agency is a component unit of the City of Temecula. City Council members serve as the
Executive Board of the Agency, and thus, the funds of the Agency have been included within the
scope of the Comprehensive Annual Financial Report of the City of Temecula.
The Agency office and records are located at City Hall, 43200 Business Park Drive, Temecula,
Califomia.
Measurement Focus, Basis of Accounting and Financial Statement Presentation:
The basic financial statements of the Agency are composed of the following:
· Government-wide financial statements
· Fund financial statements
· Notes to the basic financial statements
Financial reporting for the government-wide financial statements is based upon all GASB
pronouncements, as well as the FASB Statements and Interpretations, APB Opinions, and
Accounting Research Bulletins that were issued on or before November 30, 1989 that do not
conflict with or contradict GASB pronouncement. FASB pronouncements issued after
November 30, 1989 are not followed in the preparation of the accompanying financial statements.
See independent auditors' report.
-14-
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):
Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued):
Government-wide Financial Statements:
The government-wide financial statements (i.e., the statement of net assets and the statement of
activities) report information on all of the activities of the Agency. For the most part, the effect of
interfund activity has been removed from these statements. Governmental activities, which
normally are supported by taxes and intergovernmental revenues, are reported separately from
business-type activities, which rely to a significant extent on fees and charges for support. The
Temecula Redevelopment Agency has no business-type activities.
The statement of activities demonstrates the degree to which the direct expenses of a given
function are offset by program revenues. Direct expenses are those that are clearly identifiable
with a specific function. Program revenues include 1) charges to customers who purchase, use, or
directly benefit from goods, services, or privileges provided by a given function and 2) grants and
contributions that are restricted to meeting the operational or capital requirements of a particular
function. Taxes and other items not properly included among program revenues are reported
instead as general revenues.
Fund Financial Statements:
The accounting system of the Agency is organized and operated on the basis of separate funds,
each of which is considered to be a separate accounting entity. Each fund is accounted for by
providing a separate set of self-balancing accounts that constitute its assets, liabilities, fund equity,
revenues, and expenditures. Governmental resources are allocated to and accounted for in
individual funds based upon the purposes for which they are to be spent and the means by which
spending activities are controlled.
Fund financial statements for the Agency's governmental funds are presented after the
government-wide financial statements. These statements display information about major funds
individually and nonmajor funds in the aggregate for governmental funds. The Agency has no
nonmajor funds.
See independent auditors' report.
-15-
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):
Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued):
Fund Financial Statements (Continued):
The funds of the Agency, all of which are major funds are described below:
Governmental Fund Types
The Special Revenue Fund accounts for the monies set aside for low and moderate income housing
projects.
The Debt Service Fund accounts for the payment of interest and principal on long-term debt, and
the accumulation of resources to finance debt service costs.
The Capital Proiects Fund accounts for the financial resources used in developing the project area,
as well as the administrative expenditures incurred in sustaining Agency activities.
Measurement Focus:
Measurement focus is a term used to describe "which" transactions are recorded within the various
financial statements. Basis of accounting refers to "when" transactions are recorded regardless of
the measurement focus applied.
On the govermnent-wide Statement of Net Assets and the Statement of Activities, activities are
presented using the economic resources measurement focus. Under the economic resources
measurement focus, all (both current and long-term) economic resources and obligations of the
government are reported.
In the fund fmancial statements, all governmental funds are accounted for on a spending or
"financial flow" measurement focus. This means that only current assets and current liabilities are
generally included on their balance sheets. Their reported fund balances (net current assets) are
considered a measure of"available spendable resources". Governmental fund operating statements
present increases (revenues and other financing sources) and decreases (expenditures and other
financing uses) in net current assets. Accordingly, they are said to present a summary of sources
and uses of available spendable resources during a period.
See independent auditors' report.
-16-
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):
Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued):
Measurement Focus (Continued):
However special reporting trealments are used to indicate, noncurrent portions of long-term
receivables due to governmental funds are reported on their balance sheets in spite of their
measurement focus and, that they should not be considered "available spendable resources", since
they do not represent net current assets. Recognition of governmental fund type revenue
represented by noncurrent receivables are deferred until they become current receivables.
Noncurrent portions of other long-term receivables are offset by fund balance reserve accounts.
Revenues, expenses, gains, losses, assets, and liabilities resulting from nonexchange transaction are
recognized in accordance with the requirements of GASB Statement No. 33.
Because of their spending measurement focus, expenditure recognition for governmental fund
types excludes amounts represented by noncurrent liabilities. Since they do not affect net current
assets, such long-term amounts are not recognized as governmental fund type expenditures or fund
liabilities. Amounts expended to acquire capital assets are recorded as expenditures in the year that
resources were expended, rather than as fund assets. The proceeds of long-term debt are recorded
as other financing sources rather than as a fund liability. Amounts paid to reduce long-term
indebtedness are reported as fund expenditures.
When both restricted and unrestricted resources are combined in a fund, expenses are considered to
be paid first from restricted resources, and then firom unrestricted resources.
Basis of Accounting:
In the government-wide Statement of Net Assets and Statement of Activities, the governmental
activities are presented using the accrual basis of accounting. Under the accrual basis of
accounting, revenues are recognized when earned and expenses are recorded when the liability is
incurred or economic asset used, regardless of the timing of related cash flows. Revenues,
expenses, gains, losses, assets, and liabilities resulting from exchange and exchange-like
transactions are recognized when the exchange takes place.
See independent auditors' report.
-17-
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):
Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued):
Basis of Accounting (Continued):
In the fund financial statements, governmental funds are presented using the modified-accrual basis
of accounting. Their revenues are recognized when they become measurable and available as net
current assets. Measurable means that the amounts can be estimated, or otherwise determined.
Available means that the amounts were collected during the reporting period or soon enough
thereafter to be available to finance the expenditures accrued for the reporting period.
Revenue recognition is subject to the measurable and availability criteria for the governmental
funds in the fund financial statements. Exchange transactions are recognized as revenues in the
period in which they are earned (i.e., the related goods or services are provided). Locally imposed
derived tax revenues are recognized as revenues in the period in which the underlying exchange
transaction upon which they are based takes place. Imposed nonexchange transactions are
recognized as revenues in the period for which they were imposed. If the period of use is not
specified, they are recognized as revenues when and enforceable legal claim to the revenues arises
or when they are received, whichever ,occurs first. Government-mandated and voluntary
nonexchange transactions are recognized as revenues when all applicable eligibility requirements
have been met. Revenues accrued by the Agency include property taxes levied and collected
within 60 days from the end of the fiscal year.
Budgetary Practices:
In conjunction with the City's budgeting process, the Agency adopts annual operating budgets for
the Special Revenue and Debt Service Funds that are on a basis consistent with accounting
principles generally accepted in the United States of America. The legal level of budgetary control,
that is, the level at which expenditures cannot exceed appropriations, is the fund level for these
funds. The Executive Director may transfer appropriations between departments within the same
fund. All increases at the overall fund level must be approved by the Agency's Board.
All unencumbered budget appropriations in the Special Revenue and Debt Service Funds
automatically lapse at the end of the fiscal year.
Capital projects are budgeted on a project-by-project basis in the Capital Projects Fund. Total
Capital Projects expenditures may not exceed appropriations unless approved by the Agency's
Board. Remaining appropriated amounts are carded forward in the Capital Projects Fund to each
new fiscal year until such time as the projects are completed or terminated.
See independent auditors' report.
-18-
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):
Encumbrances:
Unexpended and unencumbered appropriations of the governmental funds automatically lapse at
the end of the fiscal year. As of June 30, 2003 all encumbrances at year-end were closed.
Unexpended appropriations are reencumbered in the following year after reconsideration, without
additional budget appropriations.
Cash and Investments:
The Agency's cash and investments are pooled for investment purposes. Investments are stated at
fair value (quoted market price or the best available estimate thereof).
Land Held for Resale:
Land held for resale is carried in the capital projects fund at the lower of acquisition cost or
estimated net realizable value. The land values are re-appraised on a periodic basis and any
adjustments on the properties are shown in the capital projects fund statement of revenues,
expenditures and changes in fund balance.
Capital Assets and Depreciation:
Capital assets, which consist of land, buildings, machinery and equipment, and office furniture, are
reported in the government-wide financial statements. Capital assets are defined by the Agency as
assets with an initial cost of more than $5,000 and an estimated life in excess of 1 year. Such
assets are recorded at historical cost or estimated historical cost if purchased or constructed.
Donated capital assets are recorded at estimated fair market value at the date of donation. The
Agency has no infrastructure assets.
The cost of normal maintenance and repairs that do not add to the value of the asset or materially
extend asset lives are not capitalized.
Deferred Revenue:
Defe/'red revenue consists primarily of offsets to loans receivable, which are not currently available
for expenditure.
See independent auditors' report.
-19-
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
Sune 20, 200~
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):
Self-Insurance Program:
The Agency participates in the self-insurance program of the City of Temecula. Information
relating to the self-insurance program can be found in the notes to the basic financial statements of
the City of Temecula.
Property Taxes and Tax Increment Financing:
The Agency's primary source of revenue comes from property taxes, referred to in the
accompanying financial statements as "tax increment revenue". The assessed valuation of all
property within each project area was determined on the date of adoption of the Project Area.
Except for certain amounts provided by specific agreement (see Note 7), property taxes related to
the incremental increase in assessed values after the adoption of the Project Area have been
allocated to the Agency, while all property taxes on the "frozen" assessed valuation as of the
adoption date have been allocated to the City and other districts.
Property taxes attach as an enforceable lien on property as of January 1. Taxes are levied on July 1
and are payable in two installments on November 1 and February 1 and become delinquent on
December 11 and April 11. The County bills and collects the property taxes and allocates
installments to various jurisdictions throughout the year.
The County is permitted by Califomia State constitution, as amended, to levy taxes at 1% of full
market value (assessed value). The growth in the full market value is limited to 2% annually and
the value of new construction and improvements. The Agency receives a share of this basic levy
resulting fi'om incremental growth of the assessed value over a base value established when the
Agency project area was formed or amended.
Fund Balances:
Fund balance reserves represent those portions of fund balances not appropriable for expenditure
or legally segregated for a specific future use. Designated fund balances represent tentative plans
for future use of financial resources.
See independent auditors' report.
- 20 -
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):
Use of Estimates:
The preparation of basic financial statements in conformity with accounting principles generally
accepted in the United States of America requires management to make esfnnates and assumptions
and affect the reported mounts of assets and liabilities and disclosure of contingent assets and
liabilities at the date of the basic financial statements and the reported amounts of revenues and
expenditures during the reporting period. Actual results could differ from those est'mates.
2. CASHAND INVESTMENTS:
The Agency's cash and investments are presented on the accompanying statement of net assets as
follows:
Cash and investments
Restricted cash and investments with fiscal agents
$ 10,537,769
9,036,036
$ 19.573.80~5
The Agency's cash and investments are pooled with the City of Temecula and allocated to
individual funds except for amounts with fiscal agents, which are recorded in the Debt Service
Fund and Capital Projects Fund.
Interest income from cash and investments is allocated to various funds based on average quarterly
cash and investment balances. Interest income from restricted cash and investments with fiscal
agents is credited directly to the fund.
Authorized Investments:
Under provisions of the Agency's Investment Policy, and in accordance with Section 53601 of the
California Government Code, the Agency may invest in the following types of investments:
· Securities of the U.S. Government, or its agencies
· Bankers' acceptances
· Commercial paper of prime quality
· Negotiable certificates of deposit
· Repurchase agreements
· Local Agency Investment Fund (State pool)
· Time deposits
· Money market funds
See independent auditors' report.
-21 -
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
2. CASH AND INVESTMENTS (CONTINUED):
Authorized Investments (Continued):
The Agency also has monies held by trustees or fiscal agents pledged to the payment or security of
certain long-term debt issuances. The California Government Code provides that these monies, in
the absence of specific statutory provisions governing the issuance of bonds, may be invested in
accordance with the ordinance, resolutions or indentures specifying the types of investments its
trustees or fiscal agents may make. These ordinances, resolutions and indentures are generally
more restrictive than the Agency's general investment policy.
Restricted Cash and Investments with Fiscal Agents:
The restricted cash and investments with fiscal agents consisted of $46 in money market mutual
funds and $9,035,990 investment in the California Local Agency Investment Fund which are not
required to be categorized under the interpretive guidelines of Governmental Accounting Standards
Board Statement No. 3. The additional information required by GASB Statement No. 3 related to
cash and investments is available in the annual report of the City.
California Local Agency Investment Fund (LAI~)
The Agency is a voluntary participant in the California Local Agency Investment Fund (LAIF) that
is regulated by California Code Section 16429 under oversight of the Treasurer of the State of
California. Per LAIF guidelines, the Redevelopment Agency may invest up to $40,000,000 in the
fund. Investments in LAIF are highly liquid, as deposits can be converted to cash within 24 hours
without loss of interest. The total fair value of LAIF at June 30, 2003 was $55,587,366,494. The
Redevelopment Agency's proportionate share of the fair value of its investments in LAIF
amounted to $9,035,990. Included in LAIF's investment portfolio are certain derivative securities
or similar products such as structured notes totaling $309,000,000, and asset backed securities
totaling $985,676,000. LAIF's and the Agency's, exposure to credit, market, or legal risk is not
available.
Additional information required by Government Accounting Standards Board Statement No. 3
regarding the cash and investments pooled with the City of Temecula is available in the City's
Comprehensive Annual Financial Report.
See independent auditors' report.
- 22 -
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
3. LAND HELD FOR RESALE:
Land held for resale consists of property acquired by the Agency and held for resale. The property
is carded in the Agency's Capital Projects Fund at the lower of cost or estimated net realizable
value. The estimated net realizable value at June 30, 2003 is $2,103,053with this amount offset by
a reservation of'fund balance. Certain properties held by the Agency have been leased to private
parties with future options to purchase the land.
4. CAPITAL ASSETS:
A summary of capital assets for the year ended June 30, 2003 is as follows:
Capital assets, not being depreciated:
Land
Balance at Balance at
July 1, 2002 Additions Deletions June 30, 2003
$ 7,369,244 $ 1,750 $ - $ 7,370,994
Capital assets, being depreciated:
Office furniture and equipment
Less accumulated depreciation for:
Office furniture and equipment
Total capital assets,
being depreciated
24,603 (16,823) 7,780
(24,603) 16,823 (7,780)
Net Capital Assets
1.750 $ $ 7.370.994
5. LONG-TERM LIABILITIES:
A summary of changes in long-term liabilities for the year ended June 30, 2003 is as follows:
Balance at Balance at Due within
July 1, 2002 Additions Deletions June 30, 2003 One Year
2002 Tax
Allocation Bonds $ 28,055,000 $ $ $ 28,055,000 $ 95,000
Compensated absences 37,383 6,350 43,733
Totals $ 28.092.383 $ 6.350 $ $ 28.098.733 $ 95.000
Advances from the City to the Redevelopment Agency in the amount of $1,457,055 at
June 30, 2003 were reclassified from the long-term liabilities to an Advance from the City in the
Debt Service Fund.
See independent auditors' report.
- 23 -
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
5. LONG-TERM LIABILITIES (CONTINUED):
2002 Tax Allocation Bonds Payable:
In April of 2002 the Redevelopment Aganey of the City of Temecula issued
$28,055,000 of 2002 Tax Allocation Bonds consisting entirely of current
interest bonds. The proceeds from the bonds were used to refund the Agency's
Redevelopment Project No. 1 1993 Series A Tax Allocation Bonds, discharge an
obligation pursuant to the County Pass-Through Agreement of the Agency to
the County of Riverside, finance redevelopment activities within or of benefit to
the Project Area and provide for the costs of issuing the 2002 Bonds, including
the premium for the financial guaranty insurance policy and Debt Service
Reserve Surety Bond. A portion of the proceeds from the sale of the 2002
Bonds, together with certain funds made available through the defeasance of the
refunded bonds, were deposited in trust with an escrow agent to provide the
remaining debt service payments on the refunded debt. The trust invests solely
in direct obligations of the United States Government. The advanced refunding
met the requirements of an in-substance defeasance. The Project 1993 bonds
were removed from the RDA's long-term debt. The amount of defeased debt
outstanding was called on June 10, 2002.
The 2002 Tax Allocation Bonds consist of: 1) $9,030,000 of Serial Bonds with
annual interest rates ranging from 3.0% to 5.0%, maturing on August 1 of each
year beginning in 2003 through 2020 in amounts ranging from $95,000 to
$755,000; 2) $6,485,000 of 5.125% Term Bonds due August I, 2027 and 3)
$12,540,000 of 5.250% Term Bonds due August 1, 2036.
The future debt service requirements on the Tax Allocation Bonds are as follows:
YearEnding
June30, Principal Interest Totai
2004 $ 95,000 $ 1,385,791 $ 1,480,791
2005 110,000 1,382,716 1,492,716
2006 405,000 1,374,485 1,779,485
2007 415,000 1,361,160 1,776,160
2008 430,000 1,345,816 1,775,816
2009-2013 2,425,000 6,449,511 8,874,511
2014 - 2018 2,990,000 5,857,664 8,847,664
2019 - 2023 3,790,000 5,036,176 8,826,176
2024 - 2028 4,855,000 3,938,910 8,793,910
2029 -2033 6,250,000 2,505,038 8,755,038
2034 -2037 6,290,000 681,450 6,971,450
$ 28.055.000 $ 31.318.717 $ 59.373.717
$ 28,055,000
See independent auditors' report.
- 24 -
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
5. LONG-TERM LIABILITIES (CONTINUED):
Compensated Absences:
This liability represents the total unpaid vacation and compensation time earned
by employees of the Agency.
$ 43,733
Total long-term liabilities
$ 28.098.733
6. INTERFUND BALANCES AND TRANSFERS:
Due from/to Other Funds:
The Debt Service Fund loaned the Capital Projects Fund $251,184 as a short-term loan to cover
operations.
Transfers:
Transfers of $676,771 were made from the Debt Service Fund to the Capital Projects Fund.
$620,000 of the transfer was to cover operating expenditures in the Capital Projects Fund and
$56,771 of the transfer was for project costs in the Capital Projects Fund.
7. PAS S-THROUGH AGREEMENTS:
The Agency has entered into agreements with various governmental entities to "pass-through"
portions of tax increments received to entities, which are located within the Agency's project axeas.
Tax incremental revenues passed through to other agencies during fiscal year 2003 totaled
$5,978,382.
8. AFFORDABLE HOUSING GRANT AND LOAN AGREEMENTS:
The Agency sponsors a program to help first time home buyers afford a home in Temecula. This
program is called the First Time Buyers Program. It provides a 30-year second mortgage at 5%
interest to qualified buyers. The maximum assistance is 20% of the purchase price plus closing
costs up to a maximum of $24,000. The loan is deferred for the first 5 years, and then fully
amortized in years 6 to 30. The balance due the RDA at June 30, 2003 is $280,652 with $116,966
deferred and $163,686 being amortized.
See independent auditors' report.
- 25 -
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
8. AFFORDABLE HOUSING GRANT AND LOAN AGREEMENTS (CONTINUED):
The Agency also sponsors a home improvement loan program. Under this program qualified
residents may borrow up to $5,000 at 5% interest for up to five years. The loan is only made to
fund certain repairs. The program contains provisions allowing the loans to be forgiven at the end
of the five year term if those provisions are not breached. As of June 30, 2003 the RDA was owed
$619,003 under this program.
9. COMMITMENTS AND CONTINGENCIES:
Claims and Judgments:
At June 30, 2003, the Agency was a defendant in a number of lawsuits arising in the ordinary
course of operations, which allege liability on the part of the Agency in connection with workers
compensation and general liability matters. Management believes that potential losses relating to
these lawsuits will not materially affect the financial position of the Agency.
10. NO COMMITMENT DEBT:
On April 25, 1996, the Redevelopment Agency of the City of Temecula issued $2,427,500 of
Multifamily Housing Revenue Bonds. The proceeds of the issuance were loaned to the Coachella
Valley Housing Coalition (the "Borrower"), a California nonprofit public benefit corporation, to
enable the Borrower to acquire and rehabilitate a 150-unit multifamily housing rental apartment
development located in the City. A portion of the housing units is rented to persons of very low
income. The Borrower makes loan payments to the trustee, an assignee of the Agency, of amounts
sufficient to pay in full all principal and interest due on the bonds. The bonds are a special
obligation of the Agency payable solely, from revenues of the Borrower and other funds pledged
pursuant to the trust indenture. At June 30, 2003 these bonds had an outstanding balance of
$1,911,000.
See independent auditors' report.
- 26 -
TEMECULA REDEVELOPMENT AGENCY
NOTES TO BASIC FINANCIAL STATEMENTS
(CONTINUED)
June 30, 2003
10. NO COMMITMENT DEBT (CONTINUED):
On July 17, 1998 the Redevelopment Agency of the City of Temecula borrowed $5,800,000 from
Washington Mutual Bank, FA. The proceeds were loaned to Temecula Gardens LP (the
"Borrower"), a California limited parmership, to assist the Borrower in the acquisition of land,
acquisition and rehabilitation of an existing multi-family housing rental project consisting of 38
units and related appurtenant facilities located on such land, and construction of an additional 38
housing units and related appurtenant facilities located on such site. All of the housing units are to
be rented exclusively to persons or families of very low or lower income. The financing has
received a bond volume allocation t~om the California Debt Limit Advisory Commission. The
loan is payable solely from project revenues (which include an annual Redevelopment Agency
contribution). The loan is secured by a pledge of project revenues, and deed of trust encumbering
Temecula Gardens, LPs leasehold interest in the project site. At June 30, 2002 these bonds had an
outstanding balance of $5,606,031.
The RDA only acts as an agent in respect to these revenue bonds and notes. It does not have any
obligation to pay these debts.
11. RESTATEMENT OF BEGINNING FUND BALANCES:
The fund balance of the Redevelopment Agency Debt Service Fund was restated from $1,993,239
to $600,665, to record $1,392,574 advanced from the City as a fund liability.
See independent auditors' report.
- 27 -
REQUIRED SUPPLEMENTARY INFORMATION
TEMECULA REDEVELOPMENT AGENCY
BUDGETARY COMPARISON SCHEDULE
RDA LOW AND MODERATE INCOME HOUSING SPECIAL REVENUE FUND
For the year ended June 30, 2003
REVENUES:
Taxes
Investment and rental
Other
TOTAL REVENUES
EXPENDITURES:
Current:
Community development
Capital outlay
TOTAL EXPENDITUKES
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
$ 2,049,000 $ 2,159,098 $ 2,189,970 $ 30,872
272,000 272,000 231,034 (40,966)
161,000 161,000 407,073 246,073
2,482,000 2,592,098 2,828,077 235,979
835,870 896,321 496,679 399,642
5,702,608 5,748,364 946,327 4,802,037
6,538,478 6,644,685 1,443,006 5,201,679
(4,056,478) (4,052,587) 1,385,071 5,437,658
FUND BALANCE - BEGINNING OF YEAR
FUND BALANCE - END OF YEAR
7,611,360 7,611,360 7,611,360
$ 3,554,882 $ 3,558,773 $ 8,996,431 $ 5,437,658
See independent auditors' report.
-28 -
TEMECULA REDEVELOPMENT AGENCY
COMPUTATION OF LO~VfivIODERATE INCOME
HOUSING FUND - EXCESS/SURPLUS
July l, 2002
OPENING FUND BALANCE - JULY 1, 2002
LESS UNAVAILABLE AMOUNTS:
Notes receivable
AVAILABLE LOW/MODERATE INCOME HOUSING FUNDS
LIMITATION (GREATER OF $1,000,000 OR FOUR YEARS SET-ASIDE):
Set-aside for last four years:
2001 - 2002
2000 - 2001
1999 - 2000
1998 - 1999
TOTAL SET-ASIDE FOR LAST FOUR YEARS
Base limitation
GREATER AMOUNT
COMPUTED EXCESS/SURPLUS - JULY 1, 2002
See independent auditors' report.
- 29-
$ 2,125,311
1,860,100
1,415,019
1,139,902
$ 6,540,332
$ 1,000,000
All Project
Areas
$ 7,611,360
(1,541,397)
6,069,963
6,540,332
DIEHL, EVANS & COMPANY, LLP
CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS
2121 ALTON PARKWAY, SUITE 100
IRVINE, CALIFORNIA 92606-4906
(949) 399-0600 · FAX (949) 399-0610
www. diehlevans.corn
August 29, 2003
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON
INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN
AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE
WITH GOVERNMENT AUDITING STANDARDS
The Board of Directors
Temecula Redevelopment Agency
Temecula, California
We have audited the basic financial statements of the Temecula Redevelopment Agency as of and for
the year ended June 30, 2003, and have issued our report thereon dated August 29, 2003. We
conducted our audit in accordance with auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States.
Compliance
As part of obtaining reasonable assurance about whether the financial statements of the Temecula
Redevelopment Agency are free of material misstatements, we performed tests of its compliance with
certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a
direct and material effect on the determination of financial statement mounts. Such provisions
included those provisions of laws and regulations identified in the Guidelines For Compliance Audits
of California Redevelopment Agencies, issued by the State Controller and as interpreted in the
Suggested Auditing Procedures for Accomplishing Compliance Audits of California Redevelopment
Agencies, issued by the Governmental Accounting and Auditing Committee of the California Society
of Certified Public Accountants. However, providing an opinion on compliance with those provisions
was not an objective of our audit and, accordingly, we do not express such an opinion. The results of
our tests disclosed three instances of noncompliance, described below, that are required to be reported
under Government Auditing Standards.
OTHER OFFICES AT:
-30-
2965 ROOSEVELT STREET
CARLSBAD, CALIFORNIA 92008-2389
(760) 729-2343 · FAX (760) 729-2234
613 W. VALLEY PARKWAY, SUITE 330
ESCONDIDO, CALIFORNIA 92025-2598
(760) 741-3141 · FAX (760) 741-9890
Compliance (Continued)
Pursuant to California Health and Safety Code Section 33080.1, the State Controller's annual reports
and the independent auditors' reports should be submitted to the Agency's legislative body and the
State Controller within six months of the end of the fiscal year (by December 31). For the fiscal year
ended June 30, 2002, these annual reports were not submitted on a timely basis to the Agency's
Members.
Pursuant to California Health and Safety Code Section 33080.4, a property and blight progress report
must be produced and submitted to the Agency's legislative body and the State Controller on an annual
basis. For the fiscal year ended June 30, 2002, those reports were not produced and submitted as
required.
During our tests of compliance we noted that the Agency has not made a written determination that
planning and administrative expenditures are necessary for the production, improvement, or
preservation of low and moderate income housing as required by Section 33334.3(d) of the Health and
Safety Code of the State of California.
Internal Control Over Financial Reporting
In planning and performing our audit, we considered the Temecula Redevelopment Agency's internal
control over financial reporting in order to determine our auditing procedures for the purpose of
expressing our opinion on the financial statements and not to provide assurance on the internal control
over financial reporting. Our consideration of the internal control over financial reporting would not
necessarily disclose all matters in the internal control over financial reporting that might be material
weaknesses. A material weakness is a condition in which the design or operation of one or more of the
internal control components does not reduce to a relatively low level the risk that misstatements in
amounts that would be material in relation to the financial statements being audited may'occur and not
be detected within a timely period by employees in the normal course of performing their assigned
functions. We noted no matters involving the internal control over financial reporting and its operation
that we consider to be material weaknesses.
This report is intended solely for the information and use of the Agency Members and management of
the Temecula Redevelopment Agency and the State Controller's Office, Division of Accounting and
Reporting and is not intended to be and should not be used by anyone other than these specific parties.
-31 -
STATE
CONTROLLER'S
REPORT
DIEHL, EVANS & COMPANY, LLP
CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS
2121 ALTON PARKWAY, SUITE 100
IRVINE. CALIFORNIA 92606-4906
(949) 399-0600 · FAX (949) 399-0610
www. diehlevans.com
December 1, 2003
INDEPENDENT ACCOUNTANTS' COMP]LIATION REPORT
Agency Members
Temefiula Redevelopment Agency
Temecnia, California
We have compiled the accompanying Financial Transactions Report and Supplement to the Annual
Report of the Temecula Redevelopment Agency (Report) for the 2002-2003 fiscal year included in the
accompanying prescribed form.
Our compilation is limited to presenting in the form prescribed by the California State Controller's
office information that is the representation of management. We have not audited or reviewed the
accompanying Report and, accordingly, do not express an opinion or any other form of assurance on it.
The Report is presented in accordance with the requirements of the California State Controller's office,
which differ from accounting principles generally accepted in the United States of America.
Accordingly, the Report is not designed for those who are not informed about such differences.
OTH]ER OFFICES AT:
2965 ROOSEVELT STREET 613 W. VALLEY PARKWAY, SUITE 330
CARLSBAD, CAL1FOILNIA 92008-2389 E$CONDIDO, CALIFORNIA 9202~2598
(760) 729-2343 · FAX (760) 729-2234 (760) 741-3141 · FAX (760) 741-9890
z ~ o c~
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Supplement to the Annual Report of Community Redevelopment Agencies
For the Fiscal Year Ended June 30, 2003
Redevelopment Agency ID Number: 13983391700
Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF 'x'~]CUIA
The U.S. Bureau of the Census requests the following information about the fiscal
activities of your government for the 2002~2003 fiscal year (defined from July 1, 2002
through June 30, 2003). Governments furnishing this information will no longer receive
Census Bureau Form F-32, Survey of Local Government Finances. If you have any
questions please contact:
U.S. Bureau ofthe Census
Jeffrey LiRle
1-800-242-4523
A. Personnel Expenditures
Report your government's total expenditures for salaries and wages during the year,
including amounts paid on force account construction projects.
ZOO I$ 234,066 I
B. Mortgage Revenue Bond Interest Payments
Report your government's total amount of interest paid on mortgage revenue bonds
during the year.
Iu20 I$ o I
U.S Bureau of the Census- Revised 7/2003
ANNUAL
HOUSING
REPORT
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Division of Housing Policy Development
Sacramento, CA 94252-2053
(916) 323-3177 / FAX (916) 327-2643
MEMORANDUM FOR:
FROM:
September 5, 2003
Local Redevelopment Agency Officials
Cathy I Deputy Director
Division of Housing Policy Development
SUBJECT:
Reporting Forms (Schedules HCD-A, B, C, D1-D7 and E)
Attached are reporting forms to fulfill the annual reporting requirements on the status and use of the low- and
moderate-income housing funds (Low-Mod funds) and housing activities for FY 2002-03. These forms can be
downloaded at our website (http://www.hcd.ca.gov/rda) or a word version of the forms can be e-mailed to you.
Many agencies electronically report data using Department of Housing and Community Development's (HCD)
RDA On-Line System Generated Reports in place of submitting paper forms. On-line reporting enables
agencies to self-report, print "summary data" similar to data that HCD publishes in its annual report on
Redevelopment Housing Activities, and provides agencies the opportunity to review and correct data before
submittal to HCD for publication.
State law requires redevelopment agencies (RDA) to report their findings by December 31, 2003, (if the
agency's FY ended June 30), or within six months of the agency's FY end. Pursuant to Health and Safety Code
sections (Section 33080, et.al.), HCD is required to annually report to the Legislature on the source, use, and
status of redevelopment agencies' Low-Mod funds and agency housing activities. You may download the code
sections at http://www.leginfo.ca.gov/calaw.html.
All RDAs, regardless of status (new, inactive, etc.) or choice of reporting method (electronic or forms), must at
least complete the attached HCD cover sheet. Retum the cover sheet (and, if applicable, completed schedules)
to the State Controller (SCO) no later than December 31, 2003 (if the agency's FY ended June 30). To fulfill
the reporting requirements, please follow the guidelines listed below:
1. Cover sheet. Report general information and identify the schedules required to be completed.
2. Please answer each line item or state "not applicable" (N/A) or "none" where a line item does not apply or
there was no activity.
3. Report dates numerically (e.g., report June 30, 2003 as 6/30/2003).
4. Round amounts to nearest dollar and ensure total fund equity is consistent with that reported to SCO.
Please note the opportunity for agency recognition (Item 21 of Schedule HCD-C). It is important to
showcase your agency's affordable housing projects or programs conducted over the reporting year.
HCD will highlight a variety of agencies' housing programs and projects that reflect the important role of
agencies and the service they provide to communities, in its annual report. Agencies can also nominate
exemplary projects or programs for the Director's Housing Excellence Award.
If you desire assistance in completing the agency's HCD report, please call or e-mail either Rita Levy at (916)
324-9629/rlev¥~hcd.ca.gov or Angela Torrens at (916) 324-6764/atorrens(~,hcd.ca.gov and/or access the
Guidelines for Completing HCD Redevelopment Forms on our website.
Attachments
HCD REPORT OF REDEVELOPMENT AGENCY HOUSING ACTIVITY FOR
FY ENDING: 6 / 30 / 03
Agency Name and Address: County of Jurisdiction:
Redevelopment Agency of Temecula Riverside
P.O. Box 9033
Temecula, CA 92589
Health & Safety Code Section 33080.1 requires agencies to annually report on their Low & Moderate Income Housing F, md and housing
activities for the Department of Housing and Community Development (HCD) to annually report on agencies' activities in accordance
with Section 33080.6. Section 33080.3 specifies a~encies must send this form, HCD Schedules. and an Audit report to the St, t~
Con~roller
Please answer each nuestion below. Your answers detennine which HCD SCHEDULES must be completed in order for the agency to
fulfill the statutory requirement to report LMIHF housing activity and fund balances for the reporting period.
1. Check one of the items below to identify the Agency's status at the end of the reporting period:
[] New (Agency formation occurred dur~g reporting year. No £mancial transactions were completed).
[] Active (Financial and/or housing trausactious occurred during the reporting year)
[] Inactive (No financial and/ur housing transactions occurred during the reposing year). ONLY COMPLETE ITEM 7
[] Dismantled (Agency adopted an ordinance to dissolve itself). ONLY COMPLETE ITEM 7
2. How many adopted nroiect areas did the agency have during the reporting period? 1
How many project areas were merged during the reporting period? 0
If the agency has one or more adooted vroiect areas, comnlete SCHEDULE HCD-A for each profect area.
If the agency has no adopted proiect areas, DO NOT complete SCHEDULE HCD-A.
3. Within an area outside of any adopted redevelopment project area(s): (a) did the agency destroy or remove any dwelling units
or displace any households over the reporting period, (b) does the agency intend to displace any households over the next reporting
period, (c) did the agency permit the sale of any owner-occupied unit prior to the expiration of land use controls over the reporting
period, and/or (d) did the agency execute a contract or agreement for the construction of any affordable units over the next two years?
[] Yes (any question). Complete SCHEDULE HCD-B.
[] No (all questions). DO NOT complete SCHEDULE HCD-B.
4. Did the agency have any funds in the Low & Moderate Income Housing Fund during the reporting period?
[] Yes. Complete SCHEDULE HCD-C.
[] No. DO NOT complete SCHEDULE HCD-C.
5. During the reporting period, were housing units completed within a project area and/or assisted by the agency outside a project asea? [] Yes. Complete all applicable HCD SCHEDULES D 1 -D7 for each housine Droiect completed and HCD SCHEDULE E.
[] No. DO NOT complete HCD SCHEDULES D 1 -D7 or HCD SCHEDULE E
6. Indicate whether HCD financial and housing activity information has been reported using method A and/or B checked below:
[] A. Forms. All required HCD SCHEDULES A, B,C, D1-D7, andEareattacheA
[] B. On-line (http://www. hcdca.gov/rda/) "Lock Report" date: . HCD SCHEDULES not required.
(lock date is shown under "Admin " Area and "Report Change History")
Date ! / Sign~e"'"~o f Authorii~e d Agenc:~. Re .g.r~.~ntative
Telcyhone'N~uml~er
IF NOT REQUIRED TO REPORT~ SUBMIT ONLY THIS PAGE.
IF REOUIRED TO REPORT~ SUBMIT THIS PAGE AND:
APPLICABLE HCD FORMS [SCHEDULES A-E; and/or PROOF OF ELECTRONIC REPORTING
SUBMIT THIS AND ALL OTHER FORMS WI'FHA COPY OF THE AUDIT REPORT TO THE STATE CONTROLLER:
Division of Accounting and Reporting
Local Government Reporting Section
P.O. Box 942850, Sacramento, C.4 94250
Redevelopment Agency Annual Report- Fiscal Year 2002-2003 HCD-Cover
Cover(7/l//03) Page 1 of 1
SCHEDULE HCD-A
Inside Project Area Activity
for Fiscal Year that Ended 06 /30 /03
AgencyNamc: Redevelopment Agency of TemecullkojectAreaName: Temecula Protect Area No. 1
PreparefsName, Tifle: Genie Roberts. Fin. Dir, PreparefsE-MailAddress:~temecula.org
P~parer'sTelephancNo: 909-694-6430 Preparer's Faesimile No: 909-694-6479
GENERAL INFORMATION
Project Area Information
a. I. Year 1" plan for project area was adopted: 1988
2. Yearthat plan was last amended (if applicable): n/a
3. Was plan amended after 2001 to extend time limits per Senate Bill 211 (Chapter 741, Statutes of 2001 )? Yes
4. Currentexpiretionofplan: 07 / 12 / 2028
mo day yr
No x
b. Ifpreject area name has changed, give previous name(s) or number: n/a
c. Year(s) of any mergers of the project area:
Identify former project areas that merged:
· n/a, ~
Yea~s) project area plan was amended involving real property that either:
(1) Added proparty to plan: , n/a ,
(2) Removed properly from plan: , , ,
2. Affordable Housing Replacement and/or Inclnaionary or Production Requirements (Section 33413).
Pre-1976 proiect areas not subsequently amended after 1975: Pursuant to Section 33413(d), only Section 33413(a) replacement
requirements apply to dwelling units destroyed or removed after 1995. The Agency can choose to apply all or part of Section
33413 to a project area plan adopted before 1976. If the agency has elected to apply all or part of Section 33413, provide the
date of the resolution and the applicable Section 33413 requirements addressed in the scope of the resolution.
Date: __/__/__ Resolution Scope (applicable Section 33413 requirements): n/a
mo day yr
Post-1975 nrolect areas and eeouranhic areas added by amendment after 1975 to ore-1976 nroiect areas: Both replacement and
inclusionary or production requirements of Section 33413 apply.
NOTE:
Amounts to report on HCD-A lines 3a(1), 3b-3f, and 3i. can be taken from what is reported to the State Controller's
Office (SCO) on the Statement of Inenme and Expenditures as part of the Redevelopment Agency's Financial
Transactions Report, except for the reclassifying of Transfers-In from Internal Funds and the reporting of Other
Sources as discussed below:
Transfers-In from other internal funds: Report the amount of transferred funds on applicable HCD-A,
lines 3a-j. For example, report the amount transferred from the Debt Service Fund to the Housing Fund
for the deposit of the required set-aside percentoge/amount by reporting gross tax increment on HCD-A,
Line 3a(1) and report the Housing Fund's share of expenditures for debt serviea on HCD.C, Line 4c. Do
not renort "net" funds transferred from the Debt Service Fund on HCD-A~ Line 3a(3) when reporting debt
service exoendithres on HCD-C, Line 4c.
Other Sources: Non-GAAP (.Qenerally Acceptable Aecounfing _Principles) revenues such as from land sales for
those agencies using the Land Held for Resale method to record land sales should be reported on HCD-A Line
3d. Housing fund receipts for the repayment of loan principal should be included on HCD-A Line 3h.
Cslifomia Redevelopment Agencies - Fiscal Year 2002-2003 HCD-A
Sch A (7/1/03) Page 1 of 6
Ag~cyNai, r~: ReH~v~ln?'m~'nl- A~'m',y of T~m~Fl{]a ~oj~aN~:
Prolect Area Homiu~ Fund Revenues and O~r Sources
~o~ all ~v~u~ ~d o~ ~s of ~ Dom ~is project ~ w~ch a~ ~ ~e Ho~g F~ ov~ ~ r~ng
y~. ~y ~me rela~ ~ ag~-~ ho~g Io~ un~ide ~e p~j~t ~s) sh~ld
~v~ue" ~ L~e 3j, (of~ Scale A), ifps umi~ ~ is ~ ~ ~efic~ ~ ~e au~o~ ~lufion. ~y
o~er ~vmue so~s not r~.~ on l~es 3a.-3i., should aho be r~ un L~e 3j.
En~r on L~ 3a(l) ~e ~11 1 ~ of ~o~ T~ h~t all~a~ ~or ~ a~H~ble u~s ~ou~ of ~ ~d d~ucfio~
for f~s (ref~ ~ Secfio~ 33401, 33~6, & 33676). Co.ute ~e r~u~ ~ ~nmge (%) of~o~ T~ Incest
~d m~ ~e ~o~t ~ L~ 3a(2~A) or 3a(2~). Nexk r~on ~e ~o~t of T~ Inc~mmt set-~ide ~f~e
~on ~ def~l (if ~o~t set-~ide ~ I~ ~ ~ ~/%X ~ul~ ~e dizened). If ~y ~o~t of
T~ In~t w~ ~empt~ ~ defer, M ~&fi~ W ~I~R IMes 3a(4~ m~or
To d~e ~e mo~t of T~ Inc~ment d~si~ W ~e Ho~Mg F~d [LMe 3a(6)], ~b~ct all.able
~p~ [LMe 3a(4)] ~ deleted [LMe 3a(5)] ~om ~e ac~l ~o~t alloca~ to ~e Ho~Mg F~d [LMe 3~3)].
a. T~ ~crem~t:
(1) 100% of~oss ~o~fion: $ l 0. OhO ~
(2) C~la~ o~v 1 set-~ide ~o~ ei~ (A~ or ~) below:
(A) 20% ~ff~ by 33334.2 ~e3a(l)x~%): $ 2~189~970
~) 30% r~ by 33333.1~) ~e 3a(1) x ~%): $
(Se~te Bill 211, Chapt~ 741, S~mt~ of 2001)
O) ~o~t ofset-~i& ~e 3~2)) all~ to Ho~g F~d $ 2,189,970 *
· If, p~t m S~ 33334.30), l~s ~ ~e ~ % of~o~ T~
h~t (~e 3a(2) a~ve) is ~g allotted ff~ ~s proje~ ~ id~6~
· e ~ojea ~(s) ~nm~u~ ~e ~ff~. E~la~ ~y o~ ~n(s):
(4) Amount Exempted [Health & Safety Code Section 33334.2]
(if there is an amount exempted, also complete question//4, next page):
(5) Amoant Deferred [Health & Safety Code Section 33334.6]
(if there is an amount deferred, also complete question//5, next page):
(6) Total deposit to the Housing Fund [result of Line 3a(3) through 3a(5)]:
b. Interest Income:
c. Rental/Lease Income (combine amounts separately reported to the SCO):
d. Sale of RealEstate:
e. Grants (combine amounts separately reported to the SCO):
f. Bond AdminisWative Fees:
g. Deferral Repayments (also complete Line 5c(2) on the next page):
h. Loan Repayments:
i. Debt Proceeds:
j. Other Reveune(s) [Explain and identify amount(s)]:
Forgivable Loan Repayments
Misc Revenue
$
403,059
$
4~013
$
lc Total Project Area Receipts Deposited to Housing Fund (add lines 3a(6). through 3j.):
$ 2,189,970
$ 201,034
30.000
$
407~072 __
$ 2~828~076
California Redevelopment Agenciez - F/~cal Year 2002-2003 HCD-A
Sch A (7/1/03) Page 2 of 6
n/a
AgancyName: Redevelovment Agency of Temecula Project Area Name: Pro~ect Area No. 1
Exemption(s}
4. a. If an exemption was claimed on Page 2, Line 3a(4) to deposit less than the required amount, complete the following information:
Check only one of the Health and Safety Code Sections below providing a basis for the exemption:
[] Section 33334.2(a)(1): No need in community to increase/improve supply of lower or moderate income housing.
[] Section 33334.2(a)(2): Less than the minimum set-aside % (20% or 30%) is sufficient to meet the need.
[] Section 33334.2(a)O): Community is making substantial effort equivalent in value to nfinimum set-aside % (20% or 30%)
and has specific contractual obligations incurred before May 1, 1991 requiring continued use of this funding.
Note: Pursuant to Section 33334.2(a)(3)(C), this exemption expired on June 30, 1993 but [
contracts entered into prior to May 1, 1991 may not be subject to the exemption sunset. ]
[] Other: Specify code section and reason(s):
n/a
b. For any exemption claimed on Page 2, Line 3a(4) and/or Line 4a above, identify:
Date that initial (1 ,t} finding was adopted: __/__/__ Resolution # __
Adoption date of renorl/m, year findinm
Deferral(s)
Date sent to HCD: / /
mo day yr mo day yr
/ /__ Resolution # ~ Date sent to HCD: __/ /
mo day yr ' mo day yr
a. Specify the authority for deferring any set-aside on Line 3a(5). Check only one Health and Safety Code Section boxes:
[] Section 33334.6(d): Applicable to project areas approved before 1986 in which the required resolution was sent to HCD
before September 1986 regarding needing tax incn~ment to meet existing obligations. Existing obligations can include those
incurred atter 1985, if net proceeds were used to refinance pre-1986 listed obligations.
Note: The deferral previously authorized by Section 33334.6(e) expired. It was only
I
allowable in each fiscal year prior to July 1, 1996 with certain restrictions. I
[] Other: Specify code Section and reason:
b. For any deferral claimed on Page 2, Line 3a(5) and/or Line 5aabove, identify:
Date that initial (1 ~) finding was adopted: / / Resolution # Date sent to HCD: / /
mo day yr mo day yr
Adoption date ofrenorfin~ year fmdine: __ / / Resolution #__. Date sent to HCD: / /
mo day yr mo day yr
c. A deferred set-aside pursuant to Section 33334.6(d) constitutes indebtedness to the Housing Fund. Summarize the amount(s)
of set-aside deferred over the reporting year and cumulatively as of the end of the reporting year:
Amount of Prior Cumulative Amount
Amount Deferred Deferrals Repaid Deferred (Net of Any
Fiscal Year This Reoortim, FY During Renorting FY Amount(s) Repaid)
(1) Last Reporting FY
(2) This Reporting FY $ $ $ * *
· The cumulative amount of deferred set-aside shouM also be shown on HCD-C,
If the prior FY cumulative deferral shown above differs from what was reported on the last HCD report (HCD-A and
HCD-C), indicate the amount of difference and the reason:
Difference: $ Reason(s):
California Redevelopment Agencies - Fiscal Year 2002-2003 HCD-A
Sch A (7/1/03) Page 3 of 6
AgencyName: Redevelopment Agency of Temecula ProjectAreaName: Pro.~ect Area No. 1
Deferral(s) (continued)
n/a
d. Section 33334.6(g) requires any agency which defers set-asides to adopt a plan to eliminate the deficit in subsequent years.
If this agency has deferred set-asides, has it adopted such a plan? Yes [] No []
If yes, by what date is the deficit to be eliminated? __ / /
mo day yr
If yes, when was the original plan adopted for the claimed deferral? __ / /
mo day yr
Identify Resolution # Date Resolution sent to HCD / /
mo day yr
When was the last amended plan adopted for the claimed deferral? __ / /
mo day yr
Identify Resolution # Date Resolution sent to HCD
mo day yr
Actual Proiect Area Households Displaced and Units and Bedrooms Lost Over Reporting Year:
6. a. Redevelonment Project Activin. Pm,suant to Sections 33080.4(a)(1 ) and (a)(3), m~port by income category the number of
elderly and noneldedy households permanently displaced and the number of units and bedrooms removed or destroyed, over
the reporting year, (refer to Section 33413 for unit and bedroom replacement requirements).
Number of Households/Units/Bedrooms
Project Activity VL L M AM Total
Households Permanently Displaced - Eldedy
Households Permanently Displaced - Non Elderly
Households Permanently Displaced -Total
Units Lost (Removed or Destroyed) and Required to be Replaced 1
Bedrooms Lost (Removed or Destroyed) and Required to be Replaced
1
Above Moderate Units Lost That Agency is Not Required to Replace I I 1
Above Moderate Bedrooms Lost That Agency is Not Required to Replac~I I 1 __ __
b. Other Activity. Pursuant to Sections 33080.4(a)(1 ) and (a)(3) based on activities other than the destruction or removal of
dwelling units and bedrooms reported on Line 6a, report by income category the number of elderly and nonelderly households
permanently displaced over the renorfine year:
Number of Households
Other Activity VL L M AM Total
Households Permanently Displaced - Elderly
Households Permanently Displaced - Non Elderly
Households Permanently Displaced - Total
c. As required in Section 33413.5, identify, over the reporting year, each replacement housing plan required to be adopted
before the permanent displacement, destruction, and/or removal of dwelling u_nits and bedrooms impacting the households
reported on lines 6a. and 6b.
Date __/__/__ Name of Agency Custodian
mo day yr
Date __/__/__ Name of Agency Custodian
mo day yr
I Please attach a separate sheet ofpeper listing any additional housing plans adopted. I
California Redevelopment A§encies- Fiscal Year 2002-2003 HCD-A
Sch A (7/1/03) Page 4 of 6
Agency Name:
n/a
Redevelopment Agency of Temecula ProjectAreaName: Project Area No. 1
Estimated Prelect Area Households to be Permanently Disniaced Over Current Fiscal Year:
7. a. As required in Section 33080.4(a)(2) for a redevelopment project of the agency, estimate, over the current fiscal year, the
number of eldarly and noneldcrly households, by income category, expected to be permanently displaced. (Note:actual
displacements will be reported for the next repon'ing year on Line 6).
Number of Households
Project Activity VL L M AM Total
Households Permanently Displaced - Elderly
Households Permanently Displaced - Non Elderly
Households Permanently Displaced - Total
b. As required in Section 33413.5, for the current fiscal year. identify each replacement housing plan required to be adopted before
the permanent displacement, destruction, and/or removal of dwelling units and bedrooms impacting the households reported in 7a.
Date __ / / Name of Agency Custodian
mo day yr
Date __/ / Name of Agency Custodian
mo day yr
[ Please attach a separate sheet of paper listing any additional housing plans adopted. [
Units Developed Inside the Pro|ect Area to FuWdl Requirements of Other Prolect Area{s)
8. Puranant to Section 33413(b)(2)(A)(v), agencies may choose one or more project areas to fulfill another project area's requirement to
construct new or substantially rehabilitate dwelling units, provided the agency conducts a public hearing end finds, based on
substantial evidence, that the aggregation of dwelling units in one or more project areas will not cause or exacerbate racial, ethnic, or
economc segregation.
Were any dwelling units in this project area developed to partially or completely satisfy another project area's requirement to
n! a oonsh'uct new or substantially rehabilitate dwelling units?
[] NO.
[] Yes. Date initia! finding was adopted? __ / / Resolution # /
mo day yr day yr
Date sent to HCD: /
mo
Number of Dwelling Units
Name of Other Project Area(s) VL L M Total
California Redevelopment Agencies - Fiscal year 2002-2003 HCD-A
$ch A (7/1/03) Page 5 of 6
Agen~yName: Redevelopment Agency of Temecula l~ojeetA~eaName: Pro~ect Area No. 1
Sales of Owner-Occupied Units Inside the Pro[ect Area Prior to the Expiration of Land Use Controls
9. Section 33413(c)(2)(A) specifies that pursuant to an adopted program, which includes but is not limited to an equity sharing program,
agencies may permit the sale of owner-occupied units prior to the expiration of the period of the land use controls established by the
agency. Agencies must deposit sale proceeds into the Low and Moderate Income Housing Fund and within three 0) years from the
date the unit was sold, expend funds to make another unit equal in affordability, at the same income level, to the unit sold.
a. Sales. Did the agency pennit the sale of any owner-occupied units during the repo~ing year?.
[No
Number of Units
r-]YesSALESunits $ Sold Over Reportingl~-- YearT°tal Proceeds From Sales Over Reporting Year VL L M Total
b. Eanal Units. Were reporting year funds spent to make units equal in affordability to units sold over the last three reporting years?
$ I<'- Total Proceeds From Sales Over Reporting Year Number of Units
SALES VL L M Total
Units Made Equal This Reporting Yr to Units Sold Over This Reporting Yr
Units Made Equal This Reporting Yr to Units Sold One Reporting Yr Ago
0nits Made Equal This Reporting Yr to Units Sold Two Reporting Yrs Ago
LJnits Made Equal This Reporting Yr to Units Sold Three Reporting Yrs Ago
r-lYes
Affordable Units to be Constructed Inside the Project Area Within Two Years
10. Pmsuant to Section 33080.4(a)(10), x~port thc number o f very low, low, and moderate income units to be financed by any federal,
state, local, or private source in order for construction to be completed within two veers from the date of the agreement or contract
executed over the reporting year. Identify the project and/or contractor, date of the executed agreement or contract, and estimated
completion date. Specify the amount reported as an encumbrance on HCD-C, Line 6a. and/or any applicable amount designated on
HCD-C, Line 7a. such as for capital outlay or budgeted funds intended to be encumbered for project use within two years fi:om the
reporting year's agreement or contract date.
DO NOT REPORT ANY UNITS ON THIS SCHEDULE A THAT ARE REPORTED ON OTHER HCD-As, B, OR Ds. I
Col A Col B Col C Col D Col E
Name of Agreement Estimated Sch C Amount Sch C Amount
Project and/or Execution Completion Date Encumbered Designated
Contractor Date {w/in 2 ),rs of Col B) [Line 6al [Line 7al VL L M Total
28500 Pu,~ol 1/14/03 1/20/04 $ $ 66 66
$ $
Please attach a separate sheet of paper to list additional information.
California Redevelopment Agencies - Fiscal Year 2002-2003 HCD-A
Seh A (7/1/03) Page 6 of 6
SCHEDULE HCD-B
Outside Project Area Activity
for Fiscal Year Ended 6 / 30 / 03
AgancyName: Redevelopment Agency of Temecul~kojectName: Pro~ect Area No. 1
Preparers Name, Title: Genie Roberts, Fin. Dir. Preparer's E-Mail Address: genie, roberts@cityoftemecula, org
Preparer's Telephona No: 909-694-6430 Preparer's Facsimile No: 909-694-6479
Actual Households Displaced and Units and Bedrooms Lost Outside of Project Area(s) Over Reporting Year
n/a
Redevelopment Pro]ect Activity. Pursuant to Sections 33080.4(a)(1) and (a)(3), report by income category the number of
elderly and nonelderly households permanently displaced and the number of units and bedrooms removed or das~xoyed, over the
reoortin~ year. (refer to Section 33413 for unit and bedroom replacement requirements).
Number of Honseholds/Units/Bedroom a
Activity VL L M AM Total
Households Permanently Dispiaced- EIdedy
Households Permanently Displaced - Non EIdedy
Households Permanently Displaced - Total
Units Lost (Removed or Destroyed) and Required to be Replaced ~ 1
Bedrooms Lost (Removed or Destroyed) and Required to be Replaced
Above Moderate Units Lost That Agency is Not Required to Replace //I
Above Moderate Bedrooms Lost That Agency is Not Required lo Repla~ __ __
n/a
Other Activity. Pursuant to Sections 33080.4(a)(1) and (a)(3) based on activities other than the destruction or removal of
dwelling units and bedrooms reported on Line la, report by income category the number of elderly and nonelderly households
permanently displaced over the revortine year.
Activity
Households Permanently Displaced - Eldedy
Households Permanently Displaced - Non Elderly
Households Permanently Displaced - Total
Number of Households
n/a
As required in Section 33413.5, identify, over the reporting year, each replacement housing plan required to be adopted before
the permanent displacement, destruction, and/or removal of dwelling units and/or bedrooms impacting the households reported
on lines la. and lb.
Date __/ /__ Name of Agency Custodian
mo day yr
Date __/__ / Name of Agency Custodian
mo day yr
I Please attach a separate sheet of paper listing any additional honsing plans adopted. I
California Redevelopment Agencies - Fiscal Year 2002-2003 HCD-B
Sch B (7/1/03) Page 1 of 2
n/a
n/a
n/a
Agency Name: Redevelooment Amencv of Temecula HCD B (Outside Project Area)
Estimated Households Outside of Proiect Area(s) to be Permanently Displaced Over Current Fiscal Year:
2. a. As required in Section 33080.4(a)(2) for a redevelopment project of the agency, estimate, over the current fiscal year, the
number of eldarly and nonelderly households, by income category, expected to be permenentiy displaced. (Note:actual
displacements will be reported for the next ~-porting year on Line 1 ).
Estimated Permanent Displacements Number of Households
Activity ' VL L M AM Total
~Househo ds Permanently Displaced - Eldedy
Households Permanently Displaced - Non Elderly
Households Permanently Displaced - Total
b. As required in Section 33413.5, for the current fiscal year, identify each replacement housing plan required to be adopted before
the permanent displacement, destmctierg and/or removal of dwelling units and bedrooms impacting the households reported on 2a.
Date __ / / Name of Ageney Custodian
mo day yr
Date __ / / Name of Agency Custodian
mo day yr
I Plensc attach a separate sheet of paper listing any additional housing plans adopted. I
Sales of Owner-Occupied Units Outside of Pro~ect Area{s} Prior to the Expiratiou of Land Use Contrnl~
3. Sectio~ 33413(c)(2)(A) specifies that pursuant to an adopted program, which includes but is not limited to an equity sharing program,
agenctas may permit the sale of owner-occupied units prior to the expiration of tho period of the land use controls established by the
agency. Agencies must deposit sale prcceeds into tho Low and Moderate Income Housing Fund and within three (3) years from the
date tho unit was sold, expend funds to make another unit equal in affordability, at the same income 1¢v¢1, as the unit soM.
a. Sales. Did the agency pexmit the salo of any owner-occupied units during tho reporting year?
[3No
I-lYes $ Total Proceeds From Sales Over Reporting Year Number of Units
Income Level VL L M Total
Units Sold Over Current Reporting Year
b. Eaual Units. Were reporting year funds spent to make units equal in affordability to units sold over the last three reporting ye. ars?
[3No
$ I~-- Total Proceeds From Sales Over Reporting Year Number of Units
Income Level VL L M Total
Clnits Made Equal This Reporting Yr to Units Sold Over This Reporting Yr
Jnits Made Equal This Reporting Yr to Units Sold One Reporting Yr Ago
Jnits Made Equal This Reporting Yr to Units Sold Two Reporting Yrs Ago
Jnits Made Equal This Reporting Yr to Units Sold Three Reporting Yrs Ago
I-lYes
Affordable Units to be Constructed Outside of Proieet Area(s) Within Two Years From Date of Agreement or Contract
4. Pursuant to Section 33080.4(a)(10), report the number of very low, low, and moderate income units to be financed by any federal,
state, local, or private source in urdcr for construction to be completed within two ycars from the date of thc agreement or conWact
executed over the reporting year. Identify the project and/or contractor, date of the executed agreement or contract, and estimated
completion date. Specify the amount reported as an encumbrance on HCD-C, Line 6a. end/ur any applicable amount designated on
HCD-C, Linc 7a. such as for capital outlay or budgeted funds intended to be encumbered for project use within two years from the
reporting year's agreement or contract date.
[ DO NOT REPORT ANY UNITS SHOWN ON SCHEDULES HCD As OR Ds. I
Col A Col B Col C Col D Col E
Name of Agreement Estimated Sch C Amount Sch C Amount
Project and/or Execution Completion Date Encumbered Designated
Contractor Date (w/in 2 },rs of Col B [Line 6a] [Line 7a] VL L M Total
$
$
Please attach a separate sheet of paper to hst additional information. I
California Redevelopment Agencies- Fiscal Year 2002-2003 HCD-B
Sch n (7/1/03) Page 2 of 2
SCHEDULE HCD-C
Agency-wide Activity
for Fiscal Year Endcd 6 /30
/ 03
AgencyName: Redevelopment Asency of Temecul~unnty: Riverside
PreparefsName, Title: Genie Roberts, Fin. Dir. PreparefsE-M~lAddress: genie.roberts@cit¥oftemecula.orl
Preparer's Telephone No: 909-694-6430
Preparer's Facsir~le No: 909-694-6479
Low & Moderate Income Housing Funds
Report on the "status and use of the agency's Low and Moderate Income Housing Fund." Most information reported here should
be based on information reported to the State Controller.
1. Beginning Balance (Use "Net Resources Available" from last fiscal year report to HCD) $ 7,013,667
a. IfBe~nin~ Balance reauires adiustment(s'), identify the mason and amount for each adjusUnent:
Use < $ > for negative amounts or amounts to be subh'acted
Increase in resources $. 129,007
Available due to loan
b. Total Adjustment(s) (indicate whether positive or <negative>)
c. Adjusted Beginning Balance [Beginning Balance plus + or minus <-> Total Adjustment(s)]
2. Project Area(s) Receipts and Housing Fund Revenues
a. All Project Areas. Total Deposits [Sum of amount(s) from Line 3k,HCD-A(s)]
b. Other revenues not reported on Schedule HCD-A(s) [Identify source(s) and amount(s)]:
$
$.
$
c. Total Housing Fund Revenues
$ 129,007
$7,142,674
$2,828,076
$ 0
3. Total Resources (Line lc. + Line 2a + Line 2c.)
$9,970,750
NOTES:
Many amounts to report as Expenditures and Other Uses Coegiuning on the next page) should be taken from amounts
reported
to the State Controller's Office (SCO). Review the SCO's Redevelopment Agencies Financial Transactions Report.
Housing Fund "transfers-out" to other internal Agency funds: Report the specific use of all transferred funds on applicable
lines 4a.-k of Schedule C. For example, mmsfess from the Housing Fund to the Debt Service Fund for the repayment of
principal and interest of debt proceeds deposited to the Housing Fund should be reported on the applicable item comprising
HCD-C Line 4c, providing tax increment (gross and deposit amounts) were reported on Sch-As. Extemal ~msfers out of the
Agency should be reported on HCD-C Line 4j (e.g.: mmsfer of excess surplus to the County Housing Authority).
Other Uses: Non-GAAP (_Qenerally Accepted Accounting Principles) recording of expenditures such us land purchases for
agencies using the Land Held for Resale method to record land purchases should be reported on HCD-C Line 4a(1). Funds
spent resulting in loans to the Housing Fund should be included in HCD-C lines 4b., 4f., 4g., 4h., and 4i as appropriate.
The statutory cite pertaining to CommuniO~ Redevelopment Law (CRL) is provided for preparers to review to determine
the appropriateness of Low and Moderate Income Housing Fund (LMIHF) expenditures and other uses. HCD does not
represent that line items identifying any expenditures and other uses are allowable. CRL is accessible on the lnternet
[website: hV:p://www.leginfo.ca.gov/(California Law)] beginning with Section 33000 of the Health and Safety Coda
California Redevelopment Agencies - Fiscal Year 2002-2003 HCD-C
Sch C (7/U03) Page 1 of 8
Agency Name: Redevelopment Amencv of Temecula
Expenditures and Other Uses
Acauisi6on of Property & Buildine Sites [33334.2(el(DJ & Housing [33334.2(e)(6)]:
(1) Land Assets (Investment- Land Held for Resale) * $
(2) Housing Assets (Fixed Asset) * $
(3) Acquisition Expense $
(4) Operation of Acquired Property $ 4 33,5 7 3
(5) Relocation Costs $
(6) Relocation Payments $
(7) Site Clearance Costs $
(8) Disposal Costs $
(9) Other [Explain and identify amount(s)]:
$ $
* ReportedtoSCOaspartofAssetsandOtherDebts
(10) Subtotal Property/Building Sites/Housing Acquisition (Sum of Lines 1 - 9) $ 433,573
Subsidies from Low and Moderate Income Honsin~ Fund (LMIHF):
(1) 1 ~ Time Homebuyer Down Payment Assistance $
(2) Rental Subsidies $
(3) Purchase of Affordability Covunants [33413 Co)2(B)] $
(4) Othes [Explain and identify amount(s)]:
Mission Village $ 305,000
$
$ $ 305,000
(5) Subtotal Subsidies from LMIHF (Sam ofLines 1-4) $ 305,000
Debt Service [33334.2(e)(9)]. Report LM]HF's share of debt service. If paid from
Debt Service Ftmd, ensure "gross" tax incx~ment is reported on HCD-A(s) Ume 3a(1).
(1) Debt Principal Payments
(a) Tax Allocation, Bonds & Notes $
(b) Revenue Bonds & Certificates of Participation $
(c) City/County Advances & Loans $
(d) U. S. State & Other Long-Term Debt $
(2) Interest Expense $
(3) Debt Issuance Costs $
(4) Other [Explain and identify amount(s)]:
$
$ $
(5) Subtotal Debt Service (Sum of Lines 1 - 4)
Plannine and Administration Costs [33334.3(e)(1)]:
(1) Administration Costs
(2) Professional Services (non project specific)
(3) Planning/Survey/Design (non project specific)
(4) Indirect Nonprofit Costs [33334.3(e)(1 )(B)]
(5) Other [Explain and identify amount(s)]:
$
$ 437,364
$ 59,315
$
$
$ $
(6) Subtotal Planning and Administration (Sum of Lines 1 - 5)
California Redevelopment Agencies- Fiscal Year 2002-2003
Sch C (7/1/03)
$ 496,679
HCD-C
Page 2 of 8
AguncyNam¢: Redevelopment A~ency of Temecu~a
Expenditures and Other Uses (continued)
e. On/Off-Site Improvements [33334.2(e)(2)] Complete item 13
f. Housing Construction [33334.2(e)(5)]
g. Housing Rehabilitation [33334.2(¢)(7)]
h. Maintenance of Mobilehome Parks [33334.2(e)(10)]
i. Preservation of At-Risk Units [33334.2(e)(I 1)] Transfers Out of Agency
(1) For Trausit village Development Plan (33334.19)
(2) Excess Surplus [33334.12(a)(1)(A)]
207,754
(3) Other (specify code section authorizing transfer and amount)
A. Section $
B. Section $
Other Transfers Subtotal $
(4) Subtotal Transfers Out of Agency (Sum ofj(I) through j(3))
Other Expenditures and Uses [Explain and idantify amount(s)]:
$
$ 207,754
Subtotal Other Expenditures and Uses $
1. Total Expenditures and Other Uses (Sum of lines 4a.-k.)
5. Net Resources Available [End of Reperting Fiscal Year]
[Page 1, Line 3, Total Resenre~ minus Total Expenditures and Other Uses on Line 4.1.]
6. Encumbrances and Unencumbered Balance
a. Encumbrances. Amount of Line 5 reserved for future payment of legal contract(s)
or agreement(s). See Section 33334.12(g)(2) for definition.
Refer to item 10 on Sctt-A (s) and item 4 on Sch-B.
b. Unencumbered Balance (Line 5 minus Line 6a). Also enter on Page 4, Line 1 la.
7. Designated/Undesignated Amount of Available Funds
A Designated Amount of Line 6b. budgeted/planned to use near-term
Refer to item 10 on $ch-.4 (s) and item 4 on Sch-B $ 8,9 9 6,4 31
b. UndesignatedAmountofLine6b. not yet budgeted/planned to use $ 0
8. Other Housing Fund Assets (not included as part ofLine S)
a. Indebtedness from Deferrals of Tax Incremem (Sec. 33334.6)
[refer to Sch-A(s), Line 5c (2)]. $
b. Value of Land Purchased with Housing Funds and Held for
Development of Affordable Housing. CompleteSch-Citeml4. $
c. Loam Receivable for Housing Activities $
d. Residual Receipt Loans (periodic/fluctuating payments) $ 4 6 8,68 7
e. ERAF Loans Receivable (all years) (Sec. 33681) $
f. Other Assets [Explain and identify amount(s)]:
$
39~462
$8,488,282
$ 1,443,006
$ 8,527,744
Compare Line 9 to the below amount reported to the SCO (Balance Sheet of Redevelopment Agencies
Financial Trmmactious Report [Explain differences and identify amount(s)]:
$
E~NTER LOW-MOD FUND TOTAL EQDHI~S (BALANCE SHEET) REPORTED TO SCO
Califomla Redevelopment Agencies- Fiscal Year 2002-2003
Sch C (7/1/03)
$ 8,996,~I31
HCD-C
Page 3 of 8
g- Total Other Housing Fund Assets (Sum of lines 8a.-f.) $ 468,687
9. TOTAL FUND EQUITY[Line 5 (Net Resourc~ Available) +Sg (Total Other Housing Fund Assets]$ 8,996,4 31
AgeueyName: Redevelopment Agency of Temecula
Excess Surolus Information
Pursuant to Section 33080.7 and Section 33334.12(g)(1), report on Excess Surplus that is required to be determined on the first day
ora fiscal year. Excess Surplus exists when the Adjusted Balance exceeds the greater of: (1) $1,000,000 or (2) the aggregate amount
oftex increment deposited to the Housing Fund during the prior four fiscal years. Section 33334.12(g)(3)(A) and (B) provide that
the Unencumbered Balance eau be adjusted for: (1) any remaining revenue generated in the reporting year from unspent debt proceeds
and (2) if the land was disposed of during the reporting year to develop affordable housing, the difference between the fair market value
of land end the value received.
The Unencumbered Balance is calculated by subtracting encumbrances from Net Resources Available. "Encumbrances" are funds
reserved and committed pursuant to a legally enforceable contract or agreement for expenditure for authorized redevelopment housing
activities [Section 33334.12(g)(2)].
For Excess Surplus calculation purposes, carry over the prior year's HCD Schedule C Adjusted Balance as the Adjusted Balance on the
first day of the reporting fiscal year. Determine which is larger: (1) $1 million or (2) the total of tax increment deposited over the prior
four years. Subtract the largest amount from the Adjusted Balance and, if positive, report the amount as Excess Surplus.
10. Excess Surplus:
& 5 to calculate Excess Surplus for the reporting year. Colunms 6 and 7 track
Column 4 I Column 5
Current I Current
Reporting YearI Reoortine Year
1st Day 1st Day
Adjusted Excess Surplus
Balance Balances
Column 6
Amount
Expended/Encumbered
Against FY Balance of
Excess Surplus as of
End of Reuuetin~ Year
flor years' Excess Surplm
Column 7
Remaining Excess
Surplus for Each
Fiscal Year as of
End of Renortin~ Year
$ $
$ $
$ $ $
$
$
Identify reporting 'fear losses from sales/grants/leases of land acquired with low-mod funds,
if49% or more of new or rehabilitated units will be affordable to lower-income households $
$ $
Year ~
FY 2003 $ 401.068 $
11. Reoortin~ Year Ending Unencumbered Balance and Adjusted Balance:
a. Unencumbered Balance (End of Year) [Page 3, Line 6b]
b. If eligible, adjust the Unencumbered Balance for:
(1) Debt Proceeds [33334.12(g)(3)(B)]:
Identify unspent debt proceeds and related income remaining at end of reporting year
(2) Land Conveyance Losses [(33334.12(g)(3)(A))]:
0
$ 401,068
$ 8,488,281
12. Adjusted Balance (for next year's determination of Excess Surplus) [Line 1 la minus sum of 1 lb(l) and 1 lb(2)] $ 8,488 ~ 281
tNote:Do not enter Adjusted Balance in Col 4. It is to be reported as next year's 1st day amount to determine Excess
Surplus I
a. If there is remaining Excess Surplus from what was determined on the first day of the reporting year, describe
the agency's plan (as specified in Section 33334.10) for transferring, encumbering, or expending excess surplus:
The FY2004-08 Capital Improvement Plan has various housing projects
programmed totaling $9,975,000 which expends an7 available excess
surplus.
b. If the plan described in 12a. was adopted, enter the plan adoption date:
California Redevelopment Agencies - Fiscal Year 2002-2003
Sch C (7/1/03)
6 /10 / 03
mo day yr
HCD-C
Page 4 of 8
AgencyName: Redevelopment Asency of Temecula
~JscoHancous Uses of Funds
13. If en amount is repotted in 4e., purauant to Section 33080.4(a)(6), report the total number of very low-, low-, and moderate-income
households that directly benefited from expenditures for onsitedoffsite improvements which resulted in either new construction,
rehabilitation, or the elimination of health end safety baT, aMs. (Note: If Line 4e of&is schedule does not show expenditures for
improvements, no units should be repotted here.)
Households Benefiting
Income Households Households from Elimination of
Level Constructed Rehabilitnted Health and Safety Hazard Durntion of Deed Restriction
Very Low
Low
Moderate
14. If the agency is holding lend for future housing development (refer to Line 8b), summarize the acreage (round to tenths, do not
report square footage), zoning, date ofpurohase, and the anticipated start date for the housing development.
No. of Purchase Estimated Da~
SiteName/Location* Acres Zon~g Date Availab~ Commen~
SW crnr Diaz/Cherry 32.32 Pub Ins 11/15/94 11/15/04
28640 Pujol St .89 12/21/99 12/21/99
I Please attach a separate sheet of paper listing any additional sites not repotted above. I
15.
Section 33334.13 requires agencies which have used the Housing Fund to assist mortgagors in a homeownemhip mortgage
revenue bond program, or home financing program described in that Section, to provide ~he following information:
tc Has your agency used the authority related to definitions ofincome or family size adjustment factors provided in Section
33334.13(a)?
Yes [] No [] Not Applicable []
b. Has the agency complied with requiroments in Section 33334.13Co) related to assistance for very low-income households
equal to twice that provided for above moderate-income households?
Yes [] No [] Not Applicable []
California Redevelopmem Agencies - Fiscal Year 2002-2003 HCD-C
$¢h C (7/1/03) Page 5 of 8
AgencyName: Redevelopment Agency of Temecula
16. Did the Agency use non-LMIHF funds as matching funds for the Federal HOME or HOPE program during the reporting peri~?
YES [] NO []
If yes, please indicate the amount of non-LMIHF funds that were used for either HOME or HOPE program support.
HOME $ HOPE $
n/a
17. Pursuant to Section 33080.4(a)(11 ), the agency shall maintain adequate records to identify the date and amount of all LMIHF
deposits and withdrawals during the reporting period. To satisfy this requirement, the Agency should keep and make available
upon request any and all deposit and withdrawal information. DO NOT SUBMIT RECORDS OF DEPOSITS/WITHDIL~WALS.
Has your agency made any deposits m or withdrawals from the LMIHF? Yes [] No []
If yes, identify the document(s) describing the agency's deposits and withdrawals by listing for each document, the following
(attach additional pages of similar information as necessary):
Name of document:
Date of document:
mo
Name of Agency Custodian (person):
Custodian's telephone number:
Place where record can be accessed:
/ /
Name of document:
Date of dounment:
mo
Name of Agency Custodian (person):
Custodian's telephone number:
Place where record can be accessed:
/ /
n/a
18. Use of Otber (non Low-Mod Funds~ Redevelopment Funds for }Iousln~
Please briefly describe the use of any non-LMIHF redevelopment funds (i.e., contributions from the other 80% of tax increment
revenue) to construct, improve, assist, or preserve housing in the community.
n/a
19. Sugeesfions/Resource Needs
Please provide suggestions to simplify and improve future agency reporting and identify any training, information, and/or other
resources, etc. that would help your agency to more quickly and effectively use its housing or other funds to increase, improve,
and preserve affordable housing?
n/a
20. Annual Monitoring Reports of Previously Completed Affordable Honnim, Proieets/Programs 0t&SC 33418)
Were all Annual Monitoring Reports received for all prior years' affordable housing projects/progxams?: Yes []
No []
California Redevelopment Agencies - Fiscal Year 2002-2003 HCD-C
Sch C (7/1/03) Page 6 of 8
n/a
Agency Name: Redevelopment Agency of Temecula
21.
Pro]ect Achievement and HCD Director's Award for Housing Excellence
Project achievement information is optional but can serve important ptmposes: Agencies' achievements can inform others of
successful redevelopment projects and provide inslxuctive information for additional successful projects. Achievements will be
included in HCD's Annual Report of Housing Activities of California Redevelopment Agencies to assist other local agencies in
developing effective and efficient programs to address local housing needs.
In addition, HCD selects various projects to receive the Directors Award for Housing Excellence. Projects are selected based on
criteria such as local affordable housing need(s) met, resources utilized, ban/ers overcome, and project innovation/complexity, etc.
Project achievement information should only be submitted for one affordable residential project that was completed within the
reporting year as evidenced by a Cc~ifieate of Occupancy. The project must not have been previously reported as an achievement.
To publish agencies' achievements in a standard format, please complete information for each underlined category
below addressing suggested topics in a narrative format that does not exceed two pages (see example, next page). In
addition to ~ubmitting information with other HCD forms to the State Controller, please submit achievement
information on a 3.5 inch diskette and identify the ~oftware type and version. For convenience, the diskette can be
separately mailed to: HCD Policy Division, 1800 3r" Street, Sacramento, CA 95814 or data can be emailed by
attaching the file and sending it to: atorrens(&hcdca, eov or rlevv~hcd, ca. eov.
AGENCY II~ORMATION
· Project Type (Choose one of the categories below and one kind of assistance representing the nrima~ project type):
New/Additional Units (Previously Unoccunied/Uninhabitable~:
New Construction to own
New Construction to rent
Rehabilitation to own
Rehabilitation to rent
Adaptive Re-use
Mixed Use Infill
Mobilehomes/Manufactured Homes
Mortgage Assistance
Transitional Housing
Other (describe)
Existine Units (Previously Occupied)
Rehabilitation of Owner-Ocenpied
Rehabilitation of Tenant-Occupied
Acquisition and Rehabilitation to Own
Acquisition and Rehabilitation to Rent
Mobilehomes/Manufactured Homes
Payment Assistance for Owner or Renter
Transitional Housing
Other (describe)
· Agency Name:
· Agency Contact and Telephone Number for the Project:
DESCRIPTION
· Project Name
· Clientele served [owner, renter, income group, special need (e.g. large family or disabled), etc.]
· Number and type of units and location, density, and size of project relative to other projects, etc.
· Degree of affordability/assistance rendered to families by project, etc.
· Uniqueness (land use, design features, additional services/amenities provided, funding sources/collaboration, before~at'ter
project conversion such as re-use, mixed use, etc.)
· Cost (acquisition, clean-up, infraslructure, conversion, development, etc.)
ItISTORY
· Timeframe from planning to opening
· Barriers/resistance (legal/financial/community, etc.) that were overcome
· Problems and creative solutions found.
· Lessons learned and/or recommendations for undemaking a similar project
AGENCY ROLE AND ACHIEVEMENT
· Degree of involvement with concept, design, approval, financing, construetien, operation, and cost, etc.
· Specific agency and/or community goals and objectives met, etc.
California Redevelopmem Agencies- Fiscal Year 2002-2003 HCD-C
Sch C (7/I/03) Page 7 of 8
AgencyName: Redevelopment Agency of Temecula
n/a
ACHIEVEMENT EXAMPLE
Proiect Type: NEW CONSTRUCTION- OWNER OCCUPIED
Redevelopment Agency
Contact: Name (Area Code) Telephone #
Project/Program Name: Project or Program
Description
During the reporting year, construction of 12 homes was completed. Enterprises,
which specializes in community self-help projects, was the developer, assisting 12 families in the
construction of their new homes· The homes took 10 months to build· The families' work on the homes
was converted into "sweat equity" valued at $15,000. The first mortgage was from CHFA. Families were
also given an affordable second mortgage. The second and third mortgage loans were funded by LMIHF
and HOME funds.
History
The (City or County) of straggled for several years over what to do about the
area. The hied to encourage development in the area by rezoning a
large portion of the area for multi-family use, and twice attempted to create improvement dishicts. None
of these efforts were successful and the area continued to deteriorate, sparking growing concern among
city officials and residents. At the point that the Redevelopment Agency became involved, there was
significant ill will between the residents of the and the (City or County). The
inu:oduced the project in with discussions of how
the Agency could become involved in improving the blighted residential neighborhood centering on
· This area is in the core area of town and was developed with
disproportionately narrow, deep lots, based on a subdivision plat laid in 1950. Residents built their homes
on the street frontages of and leaving large back-lot
areas that were landlocked and unsuitable for development, having no access to either avenue. The
Agency worked with 24 property owners to purchase portions of their properties. Over several years, the
Agency purchased enough property to complete a tract map creating access and lots for building. Other
non-profits have created an additional twelve affordable homes.
Agency Role
The Agency played the central role· The Project is a classic example of
successful redevelopment. All elements of blight were present: irregular, land-locked parcels without
access; numerous property owners; development that lagged behind that of the surrounding municipal
property; high development cost due to need for installation of street improvements, utilities, a storm
drain system, and undergrounding of a flood control creek; and a low-income neighborhood in which
property sale prices would not support high development costs. The Agency determined that the best
development for the area would be single-family owner-occupied homes. The Agency bonded its tax
increment to fund the off-site improvements. A tract map was completed providing for the installation
of the street improvements, utilities, storm drainage, and the undergrounding of Creek·
These improvements cost the Agency approximately $1.5 million. In lieu of using the eminent domain
process, the Agency negotiated with 22 property owners to purchase portions of their property,
allowing for access to the landlocked parcels. This helped foster trust and good will during the course
of the negotiations. The Project got underway once sufficient property was purchased.
Califonfm Redevelopment Agencies - Fiscal Year 2002-2003 HCD-C
Sch C (7/1/05) Page 8 of 8
SCHEDULE HCD-DI
GENERAL PROJECT/PROGRAM INFORMATION ~'~ ~' \
For each different ProJect/Program (area/name/aov or nona.qy der/rental or owner), complete a D1 and applidable D2-D7.
Examoles:
1:25 minor rehab (Nonagy Der): Area 1:15 Owner; Area 2:6 Rental; & Outside: 4 Rental. Complete 3 D-ls & 3 D-5s.
2:20 sub rehab (nonrestricted): Area 3:4 Agy Dev. Rentals; 16 Nonagy Dev. Rentals. Complete 2 D-ls & 2 D-Ss.
3:15 sub rehab (restricted): Area 4:15 Nonagy Dev, Owner. Complete l D-I & 1 D-3.
4:10 new (Outside). 2 Agy Dev (restricted Rental), 8 Nonagy Dev (nonrestricted Owner) Complete 2 D-Is, 1 D-4, & 1 D-5.
Name of Redevelopment Agency:
Identify Project Area or specify "Outside":
General Title of Housing Project/Program:
Project/Program Address (optional):
Street: City: ZI._~P:
Owner Name (optional):
Total Project/Program Units: #__ Restricted Units: #__ Unrestricted Units: #
For orolectslDroomms with no RDA assistance, do not complete any of below or any of HCD D2-D6. Only complete HCD-D7.
Was this a federally assisted multi-family rental project [Gov't Code Section 65863.10(a)(3)]? [] YES [] NO
Number of units occupied by ineligible households (e.g. ineligible income/# of residents in unit) at FY end #
Number of bedrooms occupied by ineligible persons (e.g. ineligible income/8 of residents in unit) at FY
end
Number of units restricted for specia~ needs: (number must not exceed ~rotal Project Units") #
Number of units restricted that are serving one or more Special Needs: # [] Check, if data not available
'Note: A unit may sen/e multiple "Special Needs" below. Sum of all the below can exceed the "Number of Units" above)
DISABLED (Mental) # FARMWORKER (Permanent) # TRANSITIONAL HOUSING
DISABLED (Physical) # FEMALE HEAD OF HOUSHOLD # ELDERLY
FARMWORKER (Migrant) # LARGE FAMILY # EMERGENCY SHELTERS
(4 or mom Bedrooms) (allowable use only with 'Other Housing
Units Provided - Without LMIHF' Sch-D6)
Affordablllty and/or Special Need Use Restriction Term (enter day/month/year using digits, e.g. 0710112002):
Replacement Housing Units Inclusionary Housin~l Units Other Housin~l Units Provided
With LMIHF Without LMIHF
Restriction Start Date
Restriction End Date
Funding Sources:
Redevelopment Funds: $
Federal Funds $
State Funds: $
Other Local Funds: $
Private Funds: $
Owner's Equity: $
TCAC/Federal Award: $
TCAC/State Award: $
Total DevelopmentJPurchase Cost: $
Check all appropriate form(s) below that will be used to identify all of this Project's/Program's Units:
[] Replacement Housing Units Inclusionary Units: Other Housing Units Provided:
(Sch HCD-D2) [] Inside Project Area (Sch HCD-D3) [] With LMIHF (Sch HCD-D5)
[] Outside Project Area (Sch HCD-D4) [] Without LMIHF (Sch HCD-D6)
[] No Aqency Assistance (Sch HCD-D7)
California Redevelopment Agencies - Fiscal Year 200-2003 HCD-D 1
Sch D] (7/]/0)
SCHEDULE HCD-D2
REPLACEMENT HOUSING UNITS
(units not claimed on Schedule D-$,6,7)
(restricted units that fulfill requirement to replace previously destroyed or removed units)
Agency:
Redevelopment Project Area Name, or "Outside":
Affordable Housing Project Name:
Check only one:
[] Inside Project Area [] Outside Project Area
Check only one. If both apply, complete a separate form for each (with another Sch D-l):
[] A.qency Developed [] Non-A.qency Developed
Check only one. If both apply, complete a separate form for each (with another Sch D-I):
[] Rental [] Owner-Occupied
Enter the number of restricted renlacement units and bedrooms for each applicable activity below:
Note: 'INELG" refers to a household that is no longer eligible but still a temporary resident and part of the total
A, New Construction:
Elderly Units Non Elderly Units Total Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG,
Count of Bedrooms (e.g.: I elderly, Iow~ 2 bdrm unit and 4 nonelderl¥, low, 2 bdrm units = 10 Iow (2 bdrms x 5)
t Bedroom Unit (1 x # of units) 2 Bedroom Onlt (2 x # of units)
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
3 Bedroom Unit (3 x # of units) 4 or more Bedroom Unit (4 x # of units)
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
TOTAL (sum of all unit Bedrooms)
VLOW LOW MOD TOTAL INELG.
Substantial Rehabilitation (Post 93/AB 1290 definition: increased value, inclusive of land, is >25%):
Elderly Units Non Elderly Units Total Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
Count of Bedrooms (e.g.: 1 elderly, mod~ 1 bdrm unit and 2 nonelderl% mod~ l bdrm units = 3 mod (l bdrms x 3)
t Bedroom Unit (t x # of units) 2 Bedroom Unit (2 x # of units)
VLOW LOW MOD TOTAL INELG, VLOW LOW MOD TOTAL INELG.
3 Bedroom Unit (3 x # of units) 4 or more Bedroom Unit (4 x # of units)
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD .TOTAL INELG.
TOTAL (sum of all unit Bedrooms)
VLOW LOW MOD TOTAL INELG.
Califomia Redevelopment Agencies - Fiscal Year 2002-2003 HCD-D2
Sch D2 (7/1/03) Page l of 2
Ag~cy Name:
Housing Project Name:
SCHEDULE HCD-D2
REPLACEMENT HOUSING UNITS (continued)
Note: "INELG' refers to a household that is no longer eligible but still a tempoca~y resident and part of the total
C. Non-Substantial Rehabilitation ;fulfills Pre 94 Replacement Obligation):
Elderly Unlta Non Elderly Unlta Total Elderly & Non Elderly Units
VLOW LOW MOD TOTAL iNELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
Count of Bedrooms (e.g.: 3 nonelderly~ vlow~ 3 bdrm units and 4 nonelderly 4 bdrm units TOTAL 25 bdrms)
I Bedroom Unit (1 x # of units) 2 Bedroom Unit (2 x # of units)
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
3 Bedroom Unit (3 x # of units) 4 or more Bedroom Unit (4 x # of units)
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
TOTAL (sum of all unit Bedrooms)
VLOW LOW MOD TOTAL iNELG.
TOTAL UNITS (Add only TOTAL of all Total Elderly / Non Elderly Units not bedrooms):
JIf TOTAL UNIT~. is less than "Total Project Units" on HCD Sch DI, report the remaining units as instructed below.
Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported:
Inclusionary Units Other Housing Units Provided:
[] Inside Project Area (Sch HCD-D3) [] With LMIHF (Sch HCD-D5)
[] Outside Project Area (Sch HCD-D4) [] Without LMIHF (Sch HCD-D6)
[] No Assistance (Sch HCD-D7)
Identify the number of Replacement Units which also have been counted as Inclusionary Units:
Elderly Units Non Elderly Units Total Elderly & Non Elderly Units
VLOW LOW MOD TOTAI~ INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
California Redevelopment Agencies - Fiscal Year 2002-2003 HCD-D2
Sch D2 (7/I/03) Page 2 of 2
SCHEDULE HCD-D3
INCLUSIONARY HOUSING UNITS (INSIDE PROJECT AREA)
(units not claimed on Schedule D-4,5,6,7)
(units with required affordabllity restrictions that agency or community controls)
Agency:
Redevelopment Project Area Name:
Affordable Housing Project Name:
Check only one. If both apply, complets a separats form for each (with another Sch-Dl):
[] A,qency Developed [] Non-Aflency Developed
Check only one, If both apply, complete a separate form for each (with another Sch-Dl):
[] Rental [] Owner-Occupied
Enter the number of units for each applicable activity below:
Note: "INEL G" refers to a household that is no longer eligible but still a temporary resident and pad of the total
A. New Construction Units:
Elderly Units Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAl. INELG.
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG.
Of Total, identify the number aggregated from other project areas (see HCD-A(s), Item 8): ~
Substantial Rehabilitation (Post-931AB 1290 Definition of Value >25%: Credit for Obll;latlons Since 1994):
Elderly Units Non Elderly Units TOTAL EldeHy & Non EldeHy Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
I
I I
Of Total, Identify the number aggregated from other project areas (see HCD-A{s), Item 8): U
Other/Substantial Rehabilitation (Pre-94/AB 1290 Definition: Credit for Obli,qations Between 1976 and 1994):
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG, VLOW LOW MOD TOTAL INELG.
D. Acquisition of Covenants (Post-93/AB 1290 Reform: Only Multi-Family for Vlow & Low & Other
Restrictions):
Elderly Units
Non Elderly Units
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
TOTAL UNITS (Add only TOTAL of aH "TOTAL Elderly / Non Elderly Units"):
~f TOTAL UNITS is less than "Total Project Units" on HCD Schedule D1, report the remaining units as instructed below.
Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported:
[] Replacement Housing Units [] Inclusionary Units (Outside Project Area) Other Housing Units Provided:
(Sch HCD-D2) (Sch HCD-D4) [] With LMIHF ($ch HCD-D5)
[] Without LMIHF (Sch HCD-D6)
[] No Assistance (Sch HCD-D7)
Identify the number of Incluslonary Units which also have been counted as Replacement Units:
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
California Redevelopment Agencies - Fiscal Year 2001-2003 HCD-D3
$ch D3 (7/1/03)
SCHEDULE HCD-D4
(units not claimed on Schedule D.3,5,6,7)
(units with required affordablllty restrictions that agency or community controls)
Agency:
Project Area: OUTSIDE
Affordable Housing Project Name:
Check only one. If both apply, complete a separate form for each (with another Sch-D1):
[] A.qency Developed II Non-ARency Developed
Check only one. If both apply, complete a separate form for each (with another Sch-Dl):
[] Rental [] Owner-Occupied
Check only one. If both apply, complete a separate form for each (with another Sch-Dl):
[] One-to-One Credit [] Two-to-One Credit
(units do not fulfill any (2 units required to fulfill
project area obligation) I obligation of any project area)
Note: "INELG" refers to a household that is no longer eligible but still a temporary resident and part of the total
Enter the number of units for each applicable activity below:
A. New Construction:
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
Of Total, identify the number aggregated from other project areas (see HCD-A(s), Item 8): U
B. Substantial Rehabilitation: (Post-931AB 1290 Definition of Value >25%: Credit for Obliqatlons Since 1994):
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
Of Total, identify the number aggregated from other project areas (see HC -A(s), I em 8):
C. Other/Substantial Rehabilitation: (Pre-94/AB 1290 Definition: Credit for Obliqations Between 1976 and 1994):
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG, VLOW LOW MOD TOTAL INELG. VI.OW LOW MOD TOTAL INELG.
Acquisition of Covenants (Post-931AB 1290 Reform: Only Multi-Family for Vlow & Low & Other
Restrictions):
Elderly Units
VLOW LOW MOO TOTAL
Non Elderly Units TOTAL Elderly & Non Elderly Units
INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
TOTAL UNITS (Add only TOTAL of all "TOTAL Elderly / Non Elderly Units"):
If TOTAL UNITS i~ less than "TotaI Project/Program Units" on HCD Schedule D1, report the remaining units as instructed below.
Check all appropriate form(s) listed below that will be used to identity remaining Project Units to be reported:
[] Replacement Housing Units [] Inclusiona~ Units (Inside Project Area) Other Housing Units Provided:
(Sch HCD-D2) (Sch HCD-D3) [] With LMIHF (Sch HCD-D5)
[] Without LMIHF (Sch HCD-D6)
[] No Assistance ($ch HCD-D7)
Identify the number of Incluslona~y Units which also have been counted as Replacement Units:
Elderly Units Non Elderly Unite TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOO TOTAL INELG,
Califomia Redevelopment Agencies o Fiscal Year 2002-2003 HCD-D4
Sch D4 (?/1/03)
SCHEDULE HCD-D5
OTHER HOUSING UNITS PROVIDED (AGENCY ASSISTANCE WITH LMIHF)
(units not claimed on Schedule D-2,3,4,6,7)
(lack minimum reolacement or Incluslonarv restrictions and/or not controlled bv aaencv or community)
Agency:
Redevelopment Project Area Name, or "Outside":
Affordable Housing Project Name:
Check only one:
[] Inside Project Area [] Outside Project Area
Check only one. If both apply, complete a separats form for each (with another Sch-D1):
[] Aqency Developed [] Non-Aqency Developed
Check only one. If both apply, complete a separate form for each (with another Sch-D1):
[] Rental [] Owner-Occupied
Enter the number of units for each applicable activity below:
Note: ~INELG" refers to a household that is no longer eligible but still a temporaq/ resident and pat1 of the total
A. New Construction Units {non replacement/non inclusionary):
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
Substantial Rehabilitation Units (value increase with land > 25% (non renlacement/non Inclusionary):
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
Non-Substantial Rehabilitation Units:
Elderly Units
Non Elderly Units
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG, VLOW LOW MOD TOTAl. INELG,
Acquisition of Units Only (non acquisition of affordability covenants for inclusionary credit):
Elderly Unffs Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
Mobilehome Owner / Resident:
Elderly Units Non Elderly Units
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL ~NELG, VLOW LOW MOD TOTAL INELG, VLOW LOW MOD TOTAL INELG,
Mobllehome Park Owner I Resident:
Elderly Units
Non Elderly Units
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
California Redevelopment Agencies - Fiscal Year 2002-2003 HCD-D§
SchD5 (7/1/03) Page I of 2
Agency Name:
Housing Project Name:
SCHEDULE HCD-D5
OTHER HOUSING UNITS PROVIDED (AGENCY ASSISTANCE WITH LMIHF) (continued)
Note: 'INELG" refers to a household that is no longer eligible but still a temporary resident and part of the total
G. Preservation (H&S 33334.2(e)(11~ Threat of Public Assisted/Subsidized Rentals Converted to Market):
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG, VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
Subsidy (other than any activity already reported on this form):
Elderly Units Non Elderly Units
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
I. Other Assistance:
Elderly Units
Non Elderly Units
TOTAL Elderly & Non Elderly Untts
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
TOTAL UNITS (Add only TOTAL of all "TOTAL Elderly / Non Elderly Units"):
I If TOTAL U~TSis less than "TotalProject Units" shown on HCD Schedule D1, report the remainder as instructed below.
Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported:
[] Replacement Housing Units Inclusionary Units: Other Housing Units Provided:
($ch HCD-D2) [] Inside Project Area (Sch HCD-D3) [] Without LMIHF (Sch HCD-D6)
[] Outside Project Area (Sch HCD-D4) [] .No Assistance ~Sch HCD-D7)
Califomia Redevelopment Agencies - Fiscal Year 2002-2003 HCD-D5
Sch D5 (7/1/03) Page 2 of 2
SCHEDULE HCD-D6
OTHER HOUSING UNITS PROVIDED (AGENCY ASSISTANCE WITHOUT LMIHF)
(units not claimed on Schedule D-2,3,4,5,7)
(units without minimum affordabllitv restrictions and/or units that aoencv or community does not control}
Agency:
Redevelopment Project Area Name, or "Outside":
Affordable Housing Project Name:
Check only one:
[] Inside Project Area [] Outside Project Area
Check only one. If both apply, complete a separate form for each (with another Sch-D1):
[] A.qency Developed [] Non-A.qency Developed
Check only one. If both apply, complete a separate form for each (with another Sch-D1):
[] Rental [] Owner-Occupied
Enter the number of units for each applicable activity below:
Note: "INEL G' refers to a household that is no longer eligible but still a temporary resident and part of the total
A. New Construction Units:
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL
Substantial Rehabilitation Units (increased value, inclusive of land, Is > 25%):
Elderly Units Non Elderly Units TOTAL EldeHy & Non Elderly Units
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL.
Other Non-Substantial Rehabilitation Units:
Elderly Units
Non Elderly Units
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL
D. Acuuisitlon Only:
Elderly Units
Non Elderly Units
TOTAL Elderly & Non Elderly Untts
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL
Mobilehome Owner / Resident:
Elderly Units Non Elderly Units
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL
Mobllehome Park Owner/Resident:
Elderly Units Non Elderly Units
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL
C, alifomia Redevelopment Agencies - Fiscal Year 2002-2003 HCD-D6
Sch D6 (7/1/2003) Page 1 of 2
Agency Name:
Housing Project Name:
SCHEDULE HCD-D6
OTHER HOUSING UNITS PROVIDED (AGENCY ASSISTANCE WITHOUT LMIHF) (continued)
Note: "INELG" refers to a household that is no longer eligible but still a temporary resident and part of the total
G. Preservation (H&S 33334.2{e}(1'1} Threat of Public Assisted/Subsidized Rentals Converted to Market):
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL
Preservation "Replacements" (H&S 33334.3(h~ Euual "Non-LMIHF" Realacements of Preservation Units:
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL
Rental Replacement (H&S 33334.3if)ii)iA) Equal "Non-LMIHF" Replacements of Rental Units:
Elderly Units Non Elderly Units TOTAL Elderly & Non Elderly Units
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL
Subsidy (other than any activity already reported on this form):
Elderly Units Non Elderly Units
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL
K. Other Assistance:
Elderly Units
Non Elderly Units
TOTAL Elderly & Non Elderly Units
VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL VLOW LOW MOD AMOD TOTAL
TOTAL UNITS (Add only TOTAL of all TOTAL Elderly / Non Elderly Units ):
TOTAL UNITS is less than "Total Project Units' shown on HCD Schedule D1, report the remainder as instructed below.
Check all appropriate form(s) listed below that will be used to Identify remaining Project Units to be reported:
[] Replacement Housing Units Inclusionary Units: Other Housing Units Provided:
(Sch HCD-D2) [] Inside Project Area (Sch HCD-D3) [] With LMIHF (Sch HCD-D5)
[] Outside Project Ama (Sch HCD-D4) [] No Assistance (Sch HCD-D7)
California Redevelopment Agencies - Fiscal Year 2002-2003 HCD-D6
Sch D6 (7/1/03) Page 2 of 2
Agency:
SCHEDULE HCD-D7
HOUSING UNITS PROVIDED (NO AGENCY ASSISTANCE)
(units not claimed on Schedule D.2,3,4,5,6)
Redevelopment Project Area Name, o..~r "Outside":
Housing Project Name:
NOTE: On this form, only report UNITS NOT REPORTED on HCD-D2 through HCD-D6 for project/program units that
have not received any agency assistanc~ Agency assistance includes either financial assistance (£MIHF or other agency
~oUnds) or nonfinanc, ial ussist, a. nc.e (design, planning, eta) provided by agency staff. In some cases, of the total units reported
n HCD D1, a port~on of umts tn the same project/program may be agency assisted (reported on HCD-D2 through HCD-D6)
whereas other units may be unassisted by the agency (reported on HCD-D7).
The intent of this form is to: (1) reconcile any difference between total project/program units reported on HCD-D1 compared
to the sum of all the project's/program's units reported on HCD-D2 through HCD-D6, and (2) account for other (nonassisted)
housing units provided inside a project area that increases the agency's inclusionary obligatiot~ Retmrtin~ nona~encv
assisted nralects outside a pro~ecl area is optional, i£ units do not make-uo any oart o£ total units reported on HCD-DL
HCD-D7 Reoortine Examoles
Example I (reporting partial units): A new 1 O0 unit project was built (reported on HCD-D1, Inside or Outside a project area).
Fifty ($0) units received agency assistance [30 affordable LMIHF units (reported on either HCD-D2, DS, D4, or DS) and 20
above moderate units were funded with other agency funds (reported on HCD~D6)]. The remaining $0 (privately financed
and developed market-rate units) must be reported on HCD-D 7 to make up the difference between 100 reported on D I and 50
reported on D2-D6).
Example 2 (reporting all units): Inside a project area a condemned, historic property was substantially rehabilitated (multb
family or single-family), funded by tax credits and other private financing without any agency assistanc&
Check whether Inside or Outside Project Area in completing applicable information below:
[] Inside Project Area
Enter the number for each applicable activity:
New Construction Units:
Substantial Rehabilitation Units:
Total Units:
If the agency did not provide any assistance to any part of the inside Project Area project, provide:
Building Permit Number: Permit Date: __/ /
mo day yr
Outside Project Area
Enter the number for each applicable activity:
New Construction Units:
.Substant a Rehab tat on Units:
Total Units:
Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported:
[] Replacement Housing Units Inclusionary Units: Other Housing Units Provided:
(Sch HCD-D2) [] Inside Project Area (Sch HCD-D3) [] With LMIHF (Sch HCD-D5)
[] Outside Project Area (Sch HCD-D4) [] Without LMIHF (Sch HCD-D6)
California Redevelopment Agencies - Fiscal Year 2002-2003 HCD-D7
Sch D7 (7/1/03)
SCHEDULE HCD-E
CALCULATION OF INCREASE IN AGENCY'S INCLUSIONARY OBLIGATION
BASED ON SPECIFIED HOUSING ACTIVITY DURING THE REPORTING YEAR
Agency:
Name of Project or Area (If applicable, list "Outside" or "Summary":
Complete this form to report activity separately by project or area or to summarize activity for the year.
Report all new construction and/or substantial rehabilitation units from Forms D2 through D7 that were:
(a) developed by the agency and/or (b) developed only in a project area by a nonagency person or entiO,.
PART I IH&SC Section 33413Co)(1)]
AGENCY DEVELOPED UNITS DURING THE REPORTING YEAR
BOTH INSIDE AND OUTSIDE OF A PROJECT AREA
1. New Units Developed by the Agency
2. Substantially Rehabilitated Units Developed by the Agency
3. Subtotal - Baseline of Agency Developed Units (add lines 1 & 2)
4. Subtotal of Increased Inclusionary Obligation (Line 3 x 30%) (see Notes I and 2 below) I
5. Very-Low Inclusionary Obligation Increase Units (Line 4 x 50%)
PART II IH&SC Section 33413Co)(2)l
NONAGENCY DEVELOPED UNITS DURING THE REPORTING YEAR
ONLY INSIDE A PROJECT AREA
6. New Units Developed by Any Nonagency Person or Entity
7. Substantially Rehabilitated Units Developed by Any Nonagency Person or Entity
8. Subtotal - Baseline of Nonagency Developed Units (add lines 6 & 7)
9. Subtotal of Increased Inclusionary Obligation (Line 8 x 15%) (see Notes 1 and2 below) II
10. Very-Low Inclusionary Obligation Increase (Line 9 x 40%)
PART HI REPORTING YEAR TOTALS
11. Total Increase in Inclusionary Obligation (add lines 4 and 9)
12. Very-Low Inclusionary Obligation Increase (add lines 5 and 10) (Line 12 is a subset of Line
NOTES:
L Section 33413(b)(1), (2), and (4) require agencies to ensure that applicablepercentages (30% or 15%) of
all (market-rate and affordable) "new and substantially rehabilitated dwelling units" are made available
at affordable housing cost within lO-year planning periods. Market-rate units: units not assisted with
low-mod funds and jurisdiction does not control affordability restrictions. Affordable units: units
generally restricted for the longest feasible time beyond the redevelopment plan's land use controls and
jurisdiction controls affordabili(y restrictions. Agency developed units: market-rate units can not exceed
70 percent and affordable units must be at least 30 percent; however, all units assisted with low-mod
funds must be affordabl~ Nonagency developed (proiect area) units: market-rate units can not exceed
85percent and affordable units must be at least 15 percenL
2. Production requirements may be met on a project-by-project basis or in aggregate within each lO-year
planning period. The percentage of affordable units relative to total units required within each IS-year
planning period may be calculated as follows:
AFFORDABLE units = Market-rate x (.30 or.15) TOTAL units = Market-rate or Affordable
(.70or.85) (.70or.85) (.30or.15)
California Redevelopment Agencies - Fiscal Year 2002-2003 HCD-E
Sch E-I (7/1/03)
ITEM 3
APPROVAL
CITY ATTORNEY
FINANCE Of
CiTY MANAGER
DATE:
TO:
FROM:
SUBJECT:
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
December 16, 2003
Executive Director/Agency Membem
John Meyer, Redevelopment Directo~I
Third Amendment to the Exclusive Negotiating Agreement with AGK Group LLC.
RECOMMENDATION: That the Redevelopment Agency Board approve the Third
Amendment to the Exclusive Negotiating Agreement between Agency and AGK Group LLC.
BACKGROUND: On June 25, 2002, the Agency entered into an Exclusive Negotiating
Agreement with AGK Group LLC to explore the development of a mixed-use project that would
include college facilities, affordable housing and retail/office space. Mr. Kading has made significant
progress towards this end. On February 25, 2003, the Agency Board extended the ENA to
September 26, 2003. Again on September 23, 2003 the Agency extended the ENA to December
26, 2003 to allow Mr. Kading the necessary time to complete the environmental review process.
DISCUSSION: Since the last extension in September, Mr. Kading has continued to work
diligently to meet the commitments set forth in the ENA. A Disposition and Development Agreement
(DDA) has been finaled and executed by Mr. Kading and will be presented for Agency consideration
upon the conclusion of the environmental review. Consistent with the terms of the DDA, Mr. Kading
has furnished the Agency with a $100,000 deposit.
Mr. Kading continues to work with the three academic partners, Mount San Jacinto Community
College (Mount San Jacinto), California State University San Marcos (CSUSM) and University of
California, Riverside (UCR) to finalize the campus lease arrangements. He is also exploring
additional private universities and other educational opportunities.
Per the requirements of the California Environmental Quality Act (CEQA), the Agency must
complete an environmental review of the project prior to adopting the DDA. A focused EIR has
been prepared for the project. The Draft Environmental Impact Report is currently in circulation and
the 45-day public review period end on December 26, 2003. In order to comply with the mandatory
CEQA timelines, staff is recommending Mr. Kading be given another three months to complete the
environmental review.
FISCAL IMPACT: The Agency's Low Mod Fund has a nearly $4 million basis in the subject
property. The extension of the ENA time period will result in no fiscal impact to the Agency.
Attachments: Third Amendment
Site Plan
R:~Educalioncomplex~ENA 3rd Amendment Staff Report.doc
THIRD AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT
THIRD AMENDMENT TO AGREEMENT BETVVEEN
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND
AGK GROUP LLC
THIS THIRD AMENDMENT is made and entered into as of December 16, 2003 by and
between the Redevelopment Agency of the City of Temecula, a municipal corporation ("Agency")
and AGK Group LLC ("Developer"). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
a. On June 25, 2002 the Agency and Developer entered into that certain agreement
entitled "Exclusive Negotiating Agreement" ("Agreement").
b. Pursuant to Section 8 of the Agreement, the Executive Director extended the
Agreement 90 days to March 26, 2003.
c. On February 25, 2003, the Agency extended the Exclusive Negotiating
Agreement to September 26, 2003.
d. On September 23, 2003, the Agency extended the Exclusive Negotiating
Agreement to December 26, 2003.
e. The Developer has made significant progress and spent significant resources
towards completing the terms of the Agreement.
2. The Agreement is hereby extended three (3) months to March 26, 2004.
R:!Edt~cationcomplex~ENA Thtrd Amvndment. doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA
BY:
Ron Roberts, Chairperson
ATTEST:
BY:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
DEVELOPER
BY: AGK Group LLC
35411 Paseo Viento
Capistrano Beach, CA 92624
NAME:
TITLE:
BY:
NAME:
TITLE:
/
X Z
C)
1.1.1
1.1.1
ITEM 4
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
Executive Director/Redevelopment Agency Members
John Meyer, Redevelopment Director
December 16, 2003
Third Amendment to Agreement between the Redevelopment Agency of the City of
Temecula and Keyser Marston Associates, Inc. for the Proposed Educational Facility
RECOMMENDATION: That the Temecula Redevelopment Agency Board:
Approve the Third Amendment to the Keyser Marston Associates, Inc. Agreement for the
Educational Facility for an additional amount of $20,000.
DISCUSSION: Keyser Marston Associates Inc. (KMA) entered into a professional services
ag reement with the Redevelopment Agency on July 1,2002 for the amount of $24,750. The Agency
amended the contract on July 15, 2003 to extend the term of the Agreement. The Agency approved
a second amendment to the contract on August 12, 2003 for an additional amount of $20,000.
Since executing the August 12, 2003 contract amendment, KMA has assisted the Agency with pro
forma analyses, the latest identification of deal terms, developer negotiations, and meetings with the
Developer team, City staff, and City officials. Dueto the complexityofanalysis and negotiations for
this transaction, KMA has exhausted the available budget.
Staff, therefore, recommends that the Agency amend their existing July 1,2002 contract of $44,750
to provide for additional budget in the amount of $20,000 for a total of $64, 750.
FISCAL IMPACT: The $20,000 will be funded through 165-199-831-5801.
R:~Educationcomplex~kma3rdamendstaffreport.doc
THIRD AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA REDEVELOPMENT AGENCY
AND
KEYSER MARSTON ASSOCIATES INC.
PROPOSAL FOR CONSULTING SERVICES
PROPOSED EDUCATION FACILITY
THIS 3rd AMENDMENT is made and entered into as of December 16, 2003 by and between
the City of Temecula Redevelopment Agency, a municipal corporation "Agency" and Keyser
Marston Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On July 01, 2002 the Agency and Consultant entered into that certain
agreement entitled "City of Temecula Redevelopment Agency Agreement for Proposed Education
Facility" ("Agreement").
B. The Agreement was amended on July 15, 2003. The Agreement as
amended shall be referred to as the "Agreement."
C. The Agreement was amended on August 12, 2003. The Agreement as
amended shall be referred to as the "Agreement."
Amendment.
The parties now desire to amend the Agreement as set forth in this
2. Section 5. of the Agreement is hereby amended to read as follows:
This Agreement shall commence on December 16, 2003, and shall remain and
continue in effect until tasks described herein are completed, but in no event later than December
16, 2004, unless sooner terminated pursuant to the provisions of this Agreement.
5. PAYMENT.
a. The Agency 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 Sixty Four
Thousand, Seven Hundred Fifty Dollars and 00 Cents ($64,760.00) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the Agency Manager. Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed to by
R:~Amendments~ma3rdAmendment 121.2003.doc
!
Executive Director and Consultant at the time Agency's written authorization is given to Consultant
for the performance of said services.
The Executive Director 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 -four 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 thidy (30) days of receipt of each
invoice as to all nondisputed fees. If the Agency 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.
$. Exhibit A is added to the Agreement as set forth on Attachment "A" to this
Amendment, which is attached hereto and incorporated herein as though set forth in full.
4. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
R:~Amendments'tkma3rdArnendrnent 121.2003.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
REDEVELOPMENT AGENCY
BY:
Ron Roberts, Chairperson
ATTEST:
BY:
Susan W. Jones, CMC, Agency Clerk
Approved As to Form:
BY:
Peter M. Thorson, Agency Counsel
CONSULTANT
KEYSER MARSTON
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
BY:
NAME:
TITLE:
BY:
R:~Amendments~kma3rdAmendment 121.2003.doc
3
NAME:
TITLE:
(Two Signatures Required For Corporations)
R:~mendments~kma3rdAmendment 121.2003.doc
4
KEYSER MARSTON ASSOCIATES INC.
1660 HOTEL CIRCLE NORTH, SUITE 716
SAN DIEGO, CALIFORNIA 92108
PHONE: 619/71 g-9500
FAX: 619/718-9508
To:
SAN DIEGO
Gerald M, Trimble
Paul C, Matra
MEMORANDUM
John Meyer, AICP, Redevelopment Director
City of Temecula
A, Jerry Keyser
From: KEYSER MARSTON ASSOCIATES, lNG. Timothy C Kelly
Kate Earle Funk
Debbie M. Kern
Date: December 9, 2003 Robert J Wet ....
Subject: Education Facility - Amendment to Existing Contract
Calvin E. Nollis, II
Kathleen H Head
PaulC. Anderson
Gregory D, Soo-Hoo
This memorandum presents Keyser Marston Associates, Inc.'s (KMA's) proposal to undertake
additional work tasks in accordance with our existing contract for consulting services related to
the above referenced project (initially approved July 1, 2002, and amended August 12, 2003).
Under this contract, the Redevelopment Agency (Agency) requested that KMA review and
analyze a request for financial assistance submitted by the AGK Group (Developer) for the
development of a higher education campus facility with an affordable housing component.
Since executing the August 12, 2003 contract amendment, KMA has assisted the Agency with
pro forma analyses, identification of deal terms, developer negotiations, and meetings with the
Developer team, City staff, and City officials. Due to the complexity of the analysis and
negotiations for this transaction, the available budget has been essentially exhausted.
KMA envisions the following work tasks in order to assist the Agency in completing the
proposed transaction:
1. Finalize the pro formas and financial analyses.
Participate in meetings and teleconferences with Agency staff, Developer, and legal
counsel to negotiate the final deal terms between the Agency and the Developer.
3. Assist Agency legal counsel in documenting specific provisions of the transaction.
To: John Meyer, AiCP, Redevelopment Director December 9, 2003
Subject: Education Facility - Amendment to Existing Contract Page 2
4. Prepare and submit a re-use analysis and Section 33433 Summary Report to justify the
level of Agency assistance to the development.
5. Participate in a series of meetings with Agency officials to review the transaction.
We propose to undertake the above services on a time-and-materials basis, subject to the
attached schedule of standard hourly billing rates. KMA recommends that the Agency amend
our existing contract of $44,750 to provide for additional budget in the amount of $20,000, for a
total of $64,750.
We trust that this proposal is acceptable, and look forward to assisting you with the completion
of this important project. Please call if you require additional information.
attachment
03509MM
19545.01&001
KEYSER MARSTON ASSOCIATES, INC.
HOURLY FEE SCHEDULE
A. JERRY KEYSER *
MANAGING PRINCIPALS*
PRINCIPALS*
MANAGERS*
SENIOR ASSOCIATES
ASSOCIATES
SENIOR ANALYSTS
ANALYSTS
TECHNICAL STAFF
ADMINISTRATIVE STAFF
2003~2004
$235.00
$230.00
$220.00
$175.00
$160.00
$140.00
$125.00
$105.00
$ 82.50
$ 67.50
Directly related job expenses not included in the above rates are: auto mileage, air fares,
hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro-
cessing, graphics and printing. Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within
thirty (30) days of invoice date. A charge of 1% per month will be added to all past due
accounts.
* Rates for individuals in these categories will be increased by 50% for time spent in
court testimony.
03509MM
19545.015.001
ITEM 5
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
TEMECULA DEVELOPMENT AGENCY
AGENDA REPORT
Executive Director/Agency Members
John Meyer, Redevelopment Director
December 16, 2003
Conveyance of a Utility Easement to Southern California Edison
PREPARED BY:
Marilyn Adarbeh, Property Agent
Beryl Yasinosky, Management Analyst
RECOMMENDATION: That the Redevelopment Agency:
1. Adopt a resolution entitled:
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA AUTHORIZING THE CONVEYANCE OF A UTILITY
EASEMENT TO SOUTHERN CALIFORNIA EDISON FOR THE
COMMUNITY THEATER PROJECT IN OLD TOWN TEMECULA (APN
922-036-031)
2. Authorize the City Clerk to record the easement deed.
BACKGROUND: On November 25, 2003 the City Council approved the plans and
specifications for the future Community Theater project (PW02-23) and authorized the Public
Works Depadment to solicit bids for construction of the facility. The bid opening will occur on
January 14, 2004. Located at the southwest corner of Fourth and Old Town Front Streets, the
Redevelopment Agency of the City of Temecula is the underlying property owner.
In order to provide electrical service to the facility, staff has determined that it is necessary for
the Redevelopment Agency to convey a utility easement to Southern California Edison. A copy
of the easement deed is attached for your review.
FISCAL IMPACT: There is no fiscal impact associated with the conveyance of the utility
easement. The purpose of the grant of easement is to allow Southern California Edison to
provide electrical service to the Community Theater.
ATTACHMENTS: 1.
2.
Resolution No. RDA 03-
Copy of Easement Deed
R:\agdrpt\2003\1216\RDA.TheaterSCE easement
RESOLUTION NO. RDA 03-.__
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA AUTHORIZING THE CONVEYANCE OF A UTILITY
EASEMENT TO SOUTHERN CALIFORNIA EDISON FOR THE
COMMUNITY THEATER PROJECT IN OLD TOWN TEMECULA (APN
922-036-031)
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The Redevelopment Agency of the City of Temecula does hereby find,
determine and declare that:
a. The Redevelopment Agency of the City of Temecula is the underlying property
owner of the future Community Theater (PW02-23) to be constructed at the southwest corner of
Foudh and Old Town Front Streets.
b. It is necessary for the Redevelopment Agency to convey a utility easement to
Southern California Edison for the purpose of providing electrical service to the facility.
c. Southern California Edison has agreed to accept and maintain its underground
electrical supply and communication systems contained within said grant of easement.
d. The Chairperson of the Redevelopment Agency is hereby authorized to execute
said easement deed between the Redevelopment Agency of the City of Temecula and Southern
California Edison.
NOW, THERFORE, BE IT RESOLVED, that the Redevelopment Agency of the City of
Temecula hereby approves the conveyance of said utility easement to Southern California
Edison.
PASSED, APPROVED, AND ADOPTED, by the Redevelopment Agency of the City of
Temecula at a regular meeting held on the 16th day of December 2003.
Ron Roberts,
Chairperson
ATTEST:
Susan W. Jones,
City Clerk/CMC/Agency Secretary
R:\agdrpt\2003\1216\RDA,TheaterSCE easement
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
I, Susan W. Jones, City ClerkJCMC/Agency Secretary of the City of Temecula, California, do
hereby certify that Resolution No. RDA 2003- was duly and regularly adopted by the
Redevelopment Agency of the City of Temecula at a regular meeting thereof held on the 16th
day of December 2003 by the following vote:
AYES: 0
NOES: 0
ABSENT: 0
BOARDMEMBERS:
BOARDMEMBERS:
BOARDMEMBERS:
Susan W. Jones
City Cler~CMC/Agency Secretary
R:\agd rpt\2003\1216\RDA.TheaterSCl~ easement
RECORDING REQUESTED BY
An EDISON INTERNATIONAL Company
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Corporate Real Estato
14799 Chestnut Sheet
Westmingter, CA 92683-5240
Arm: Dis~butionfrRES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF
EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE (VALUE
AND CONSIDERATION LESS 'Il-lAN $100.00)
SCE Cempany
San Jacinto Valley 6677-6757
,,~ 922-036-031 co~,,~
3-6788
SLS/SM 11/04/03
THIS EASEMENT DEED (this "Easement Deed") is made as of this __ day of ,20 , by THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA (hereinafter referred to as "Grantor"), to and for the benefit of
SOUTHERN CALIFORNIA EDISON COMPANY, a coq~oration, its successors and assigns (hereinafter ~ferred to .as
"Grantee"), an easement and fight of way to cons~uct, use, maintain, operate, alter, add to, repair, replace, recons~uc~, inspect
and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter
referred to as "systems"), consisting of wires, und~,ound conduits, cables, vaults, manholes, handholes, and including above-
grouad enclosures, markers and concrete pads and other appur~t fixtures and equipment necessary or useful for distributing
electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real
property in the County of Riverside, State of California, descn'bed as follows:
FOR LEGAL DESCRIPTION SEE EXH1RIT "A' ATTACu ~:h m~.RETO AND MADE A PART It s:u~OF.
Grantee covenants and agrees that it ghall at all times construct, mnintsin~ rise, repair, and operate the Easement Area in
compliane~ with any and all applicable federal or sta~e laws.
Gl~ltee nhnl! use the Easement ,a, xe, a solely for the above-stated purposes and for no other use, propose or purposes
If Grantor or Grantee fails to insist on the strict observance by the other party of any of the pwvisious of this Easement
Deed, neither party nhall be precluded from subsequently enforcing this Easement Deed or be held to have waived any such
provision.
No~hln~ in this Easement Deed ghall be'deemed or consimed by the pa~cs hereto or by any third person to create the
relationship of principal and agent, panne~hip, joint venture, landlord and tenant or any other association between Grantor
and Cffantee other th~n the relafiouship desen~oed herein.
This Easement Deed, including all exhibits he.to (which are hereby incorporated heroin by reference for ali purposes),
contain the full and fl.~! aSreement of every kind and nature whatsoever between the parties hereto concerninE the subject
matter set forth herein and all preliminary nego~/al/ous and agreements of any kind are merged herein. This Easement Deed
may not be changed, amended or modified in any manner other thnn by a wriRen amendment or modification executed by and
betweea Grantor and Grantee or their respective successors and/or assigns.
The captions used in this Easement Deed are for convenience only and therefore do not constitute a part of this
Easement Deed and do not amplify or limit the meaninE of the provisions of this Easement Deed.
but el,n, be enforced to the fullest eoae, t permitted by law as if such invalid or tmenforc~lc provision was never a part
hereo£
This ~ Deed nhall be con,sttued in accordnne~ with the laws of the State of California and the parties agree that
jurisdiction for all actions here~maex nhall lie in the State of California
If any legal or equitable action or proceot!.g is instituted by one party against the other to enforce or interpret any
pwvision of this Easement Deed. the prevaill._.o party/n such action .h~!l be entitled to recove~ fio~., the losing party all of the
prevailing pane's costs of suit, including, but not limited to, reasonable attorneys' fees awarded by ~he courL
All rights, obligations, and liabilifie~ herein given to or imposed upon any party he~in ~1! extend to the permitmi
succeaso~ and assigns of any such party.
' Time is of the essence of each provision of this Easement Deed in which time is an element.
This Easement Deed may be executed/n one or more identical counterparts and all such counterparts togethe~ ~hall
constitute a single instrument fi~- the propose of the effectiveness of this Easemeat Deed.
IN WITNESS WHEREOF, the Grantor has caused this Easement Deed to be executed as of the day and year first
above written.
This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.
Grantor agrees for hlm~e~ his heirs and as,signs, not to erect, place or mai.~aln, nor to permit the e~ection, placement or
m~in~umce of any building, planter boxe~, earth fill or other sUuctures except walls and fences on the above desc~'bed nmi
property. The Grantee, and its conm~a~r$, age,ts and employees, ~h~ll have the fight to trim or cut m:e roots as may enRa~er
or inteaffere with said systems and .h:~ll have free access to said systems and every part thereof~ at all times, for the purpos~ of
Grantee ~hall mnl~ file same in such a manne~ as will cause ~he least injury to the surface of the ground around such excavation,
and *h~!l replace the eaoh so removed by it sad restore the surface of the g~ound to as near the ~e ~ ~ it ~ ~ W
"GRANTOR"
THE REDEVELOPMENT AGENCY OF THE Cf fY
OF TEMEOSL&
By:
Ron Roberts,
Chairperson
2 DSE0390633
6677-6757 / 3-6788
CERTIIqCATE OF ACCEPTANCE EASEMENT DEED
This is to certify that the interest in real propen'y conveyed by the wjthln deed or grant to The Redevelopment Agency of the City
of Temeeula, is hereby accepted under the authority of the City Cotmeil of the City of Temeeula and the Grantee consents to the
recordation thereof by its duly authorized officer.
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
By:
Date:
STATE OF CALI~OR_NIA
COUNTY OF
On ,20._, before me, a Notary
Public in and for said State, personally appeared
personally known to me (or pwved to me on the basis of satisfactory evidence) to be ~he person(s) whose name(s) is/are
subsen'bed to the within instrument and a~knowledged to me that he/she/they executed the same in his/her/their authorized
capacities, and that by his/her/their signature(s) on the insmm~ent the person(s), or the entity upon behalf of which the
person(s) acted, executed the insmment
WITNESS my hand and official seal.
(se )
Si~ature of Notsry
STATE OF CAI,WORNIA )
) ss.
COUNTY OF
On ,20._, before me, a Notery
Public in and for said State, personally appeared
pe~onally 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 ~m~ in his/her/their authorized
capacities, and that by his/her/their sigauture(~) on the instrument the per~on(s), or the entity upon behalf of which the
pe~on(s) acted, executed the insmm~nt
WITNESS my hand and official seal.
(S~al)
Signature of Notery
3
DSE0390633
6677-6757 / 3-6788
EXHIBIT "A'
LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF EASEMENT AREA
A 6.00 FOOT WIDE STRIP OF LAND LYING WITHIN LOT 16, BLOCK 27 OF THE TOWN OF TEMECULA,
AS PER MAP RECORDED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, AND WITHIN THAT PORTION OF THE NORTHWESTERLY HALF OF THE
ALLEY ADJOINING SAID LOT 16 ON THE SOUTHEAST AS VACATED AND CLOSED TO PUBLIC USE BY
RESOLUTION NO. 79-68, RECORDED ON APRIL 23, 1979 AS INSTRUMENT NO. 80863 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, AND WITHIIq THAT
PORTION OF THE SOUTHEASTERLY HALF OF FOURTH STREET ADJOINING SAID LOT 16 AND LOTS 17
AND 18, SAID BLOCK 27, ON THE NORTHWEST AS VACATED AND CLOSED TO PUBLIC USE BY
RESOLUTION NO. 87-272, RECORDED ON JULY 29, 1987 AS INSTRUMENT NO. 218023 OF OFFICIAL
RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER OF RIVERSIDE COUNTY, THE CENTERLINE
OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY PROLONGATION OF THE
NORTHEASTERLY LINE OF SAID LOT 16 WITH THE CENTERLINE OF SAID VACATED ALLEY; THENCE
SOUTHWESTERLY ALONG SAID CENTERLINE, A DISTANCE OF 6.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTHWESTERLY, PARALI.FJ~ WITH SAID NORTHEASTERLY LINE OF LOT 16, A
DISTANCE OF 148.50 FEET TO TI~ BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 12.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90000'00'' AN ARC DISTANCE OF 19.63 FEET; THENCE SOUTHWESTERLY,
TANGENT TO SAID CURVE, A DISTANCE OF 19.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 12.50 FEET; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 90000'00'' AN ARC DISTANCE OF 19.63 FEET; THENCE
NORTHWESTERLY, TANGENT TO SAID CURVE, A DISTANCE OF 6.50 FEET, MORE OR LESS, TO THE
CENTERLINE OF SAID VACATED FOURTH STREET.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE
NORTHWESTERLY IN SAID CENTERLINE OF VACATED FOURTH STREET.
EXCI~TING THEREFROM A_NY PORTION THEREOF LYING WITHIN ANY EXISTING BUILDING OR ANY
BUILDING PRESENTLY UNDER CONSTRUCTION
FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE EXHIBIT "B" ATTACHED HERETO AND
MADE A PART I'IEREOF.
DSE0390633
6677-6757 / 3-6788
N
SCALE: 1"=50'
LEGEND
P.O.C. =
T.P.O.B.
DENOTES EASEMENT
AREA
POINT OF
COMMENCEMENT
= TRUE POINT OF
BEGINNING
EXHIBIT "B"
VACATED FOURTH STREET
RESOLUTION NO. 79-68
RECORDED APRIL 2.3, 1979
INST. #80863 O.R. - RIV.
r.P.O.B.
ALLEY
RESOLUTION NO. 87-272
RECORDED JULY 29, 1987
INST. #218025 O.R. - RIV. CO.
ITEM 6
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN~E~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Executive Director/Agency Members
.~usan W. Jones
ity Clerk/Director of Support Services
December 16, 2003
Appointment of Chairperson and Vice Chairperson of the Redevelopment Agency
for Calendar Year 2004
RECOMMENDATION:
Entertain motions from the Agency Members to appoint the Chairperson to preside until
the end of Calendar Year 2004.
Entertain motions from the Agency Members to appoint the Vice Chairperson who will
assume the duties of the Chairperson in the Chairperson's absence, and hold this office
until the end of Calendar Year 2004.
BACKGROUND: The Redevelopment Agency appoints a member to serve as Chairperson
and Vice Chairperson annually. These offices are assumed at the first meeting of the
Redevelopment Agency in January and the newly elected officers will preside through the
Calendar Year of 2004.
Agenda Reports/Appointment of RDA Officers 2004 1
RDA
DEPARTMENTAL
REPORT
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
Executive Director/Redevelopment Agency Members
John Meyer, Redevelopment Director
December 16, 2003
Monthly Departmental Report
Attached for your information is the monthly report as of December 16, 2003 for the
Redevelopment Department.
First Time Homebuyers Pro.qram
Funding in the amount of $100,000 is available for FY 03 -04, with $24,000 funded to date.
Residential Improvement Pro.qrams
The program budget for FY 03~04 is $250,000, with $41,200 funded on 13 units.
Affordable Housin.q
The Cottages of Old Town project consists of 14 new single-family detached homes and 3
rehabilitated single-family homes located on Sixth Street. The Groundbreaking ceremony was
held on February 18, 2003. Construction has begun and the project will be completed by the
end of the year. The 17 families have been selected and are in the process of qualifying for
their home mortgages. The homes are scheduled to be completed in January/February of
2004.
Habitat for Humanity
Council entered into a Disposition and Development Agreement (DDA) with Habitat for
Humanity on February 11, 2003 to develop a home-ownership project within the Pujol
Neighborhood. The project located on the northwest corner of Pujol and First Streets, will
consist of 6 new single-family detached homes. The total project site is approximately 37,000
square feet with approximate lot sizes of 5,000. The houses are arranged along Pujol Street
and a private lane. The groundbreaking was held on July 26, 2003.
R:\SYE RS K~IONTH LLY\December03.doc 1
Senior Housin.q
Council entered into a Disposition and Development Agreement (DDA) on January 14, 2003
with Community for Better Housing (CBH) for a 66 unit affordable senior housing project on
Pujol Street. The project will be two-story garden-style apartments and project amenities, which
will include a community room, and swimming pool. Construction has begun and will be
completed by early 2004.
Old Town Community Theater
The construction drawings have been completed and the project is scheduled for the bid
opening on January 14.
Baily's Restaurant
Council entered into a Disposition and Development Agreement (DDA) with Chris and Klm Baily
on March 25, 2003 to develop a restaurant on the property located at Old Town Front and 2nd
Street. The building will consist of casual and patio dining on the first floor with a fine dining
restaurant on the second floor. The groundbreaking was held November 20, 2003.
Facade Improvement/Non-Conforming Si.qn Program
The following facade improvement/sign projects are in process or have recently been
completed:
· Hitching Post
Sign Program
· Penfold Building
Sign Program - Completed
· Homes Magazine
Sign Program
· Mad Madeline's Grill
Painting Exterior - New Signs
Old Town Promotions/MarketinR
CHRISTMAS IN OLD TOWN
The ?th Annual Christmas in Old Town kicked off the Holidays on Saturday, November
22. Santa entered Old Town on a Horse drawn sleigh followed by the Rodeo Girl
Queens on Horses (Reindeers). The Vintage Singers sang atop the horse drawn trolley,
joined by Musicians Workshop kids and Santa Frog. "Here Comes Santa Claus" was
played on the city sound system throughout Old Town. The weekend consisted of
strolling carolers, food vendors and some crafts. Musicians Workshop performed at the
Wild Cactus (6th and Front Streets) on Saturday, November 22. Some uniquely talented
elves capable of juggling toys and other items juggled for spectators on December 6.
R:\SYERSK%blONTHLLY\December03.doc 2
Pictures with Santa were provided both Saturday and Sunday in his mini-village on Third
and Front Streets from 11:00 am to 5:00 pm. The Southwest Soccer Club asked for a
$5.00 donation for a souvenir photo print out and picture card. Pictures with Santa will
be in Old Town every Saturday and Sunday from 11:00 am to 5:00 pm through
December 21.
Community Music Day was held December 13th and featured four school bands, three
high school choirs and the Calvary Chapel of Temecula choirs. Murdeta Valley High
School's talented choir strolled and sang; Vail Ranch Middle School Jazz Band
performed on the Old Town Temecula Stage, followed by Temecula Middle School, the
Valley Winds, Temecula Valley High School Band and Chaparral High School's Choir.
On Sunday, December 14th, Calvary Chapel of Murrieta brought their performance
groups including the "Signing Choir."
Other entertainment included the Scot Land Marionettes, the Motifs, the Tintinabulator
Bell Choir, the Real Deal, Myself the Elf on Saturday, December 20, and the Vintage
Singers, Precious the Clown and Dynamite Dave on Sunday December 21. Old Town
Temecula boasts over 100 antique dealers and curios shops, plus a variety of fine
dining. The old western town comes alive during the holiday season, with many of the
stores known for their holiday displays and unique gift selections.
Beginning in spring 2004, the Agency will also be hosting several special events in Old
Town Temecula. These events would include The Bluegrass Festival in March,
Dixieland Jazz in April, Western Days in May, and the Street Painting in June.
R:\SYERSKWIONTHLLY\December03.doc 3
TEMECULA PUBLIC
FINANCING AUTHORITY
ITEM 1
ORDINANCE NO. TPFA 03-03
AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING
AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA
PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 03-06 (HARVESTON II)
WHEREAS, on October 22, 2003, this Board of Directors of the Temecula Public
Financing Authority (the "Authority") adopted a resolution entitled "A Resolution of the Board of
Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a
Community Facilities District and to Authorize the Levy of Special Taxes Therein - Harveston I1"
(the "Resolution of Intention"), stating its intention to establish the Temecula Public Financing
Authority Community Facilities District No. 03-06 (Harveston II) pursuant to the Mello-Roos
Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the
"Law"), to finance the costs of certain public improvements (the "Facilities");
WHEREAS, notice was published as required by the Law of the public hearing called
pursuant to the Resolution of Intention relative to the intention of this Board of Directors to form
the District and to provide for the costs of the Facilities;
WHEREAS, the Resolution of Intention called for a public hearing on the District to be
held on November 25, 2003 and on such date this Board of Directors held the public hearing
relative to the determination to proceed with the formation of the District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters
pertaining to the formation of the District and the levy of special taxes in the District were heard,
substantial evidence was presented and considered by this Board of Directors and a full and fair
hearing was held;
WHEREAS, subsequent to said hearing, this Board of Directors adopted resolutions
entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of
Formation of Temecula Public Financing Authority Community Facilities District No. 03-06
(Harveston II), Authorizing the Levy of a Special Tax Within the District, Preliminarily
Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and
the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the
"Resolution of Formation"), "A Resolution of the Board of Directors of the Temecula Public
Financing Authority Determining the Necessity to Incur Bonded Indebtedness Within Temecula
Public Financing Authority Community Facilities District No. 03-06 (Harveston Ii) and Submitting
Proposition to the Qualified Electors of the District" (the "Resolution of Necessity") and "A
Resolution of the Board of Directors of the Temecula Public Financing Authority Calling Special
Election Within Community Facilities District No. 03-06 (Harveston II)", which resolutions
established the District, authorized the levy of a special tax with the District, and called an
election within the District on the proposition of incurring indebtedness, levying a special tax and
establishing an appropriations limit within the District, respectively; and
WHEREAS, on November 25, 2003 an election was held within the District in which the
four eligible landowner electors approved said propositions.
NOW, THEREFORE, the Board of Directors of the Temecula Public Financing Authority
ordains as follows:
R:/'rPFA Ords 2003/TPFA 03-03 1
Section 1. By the passage of this Ordinance this Board of Directors hereby authorizes
and levies special taxes within the District, pursuant to the Law, at the rate and in accordance
with the rate and method of apportionment of special taxes for the District approved by the
Resolution of Formation (the "Rate and Method") which Resolution is by this reference
incorporated herein. The special taxes are hereby levied commencing in the current fiscal year
and in each fiscal year thereafter until payment in full of any bonds issued by the Authority for
the District (the "Bonds") as contemplated by the Resolution of Formation and the Resolution of
Necessity and payment in full all costs of administering the District have been paid.
Section 2. The Authority Treasurer is hereby authorized and directed each fiscal year to
determine the specific special tax rate and amount to be levied for each parcel of real property
within the District, in the manner and as provided in the Resolution of Formation.
Section 3. Properties or entities of the State, federal or local governments shall be
exempt from any levy of the special taxes, to the extent set forth in the Rate and Method
attached as Exhibit A to the Resolution of Formation. In no event shall the special taxes be
levied on any parcel within the District in excess of the maximum tax specified in the Rate and
Method.
Section 4. All of the collections of the special tax shall be used as provided for in the
Law and in the Resolution of Formation including the payment of principal and interest on the
Bonds, the replenishment of the reserves for the Bonds, the payment of the costs of the
Authority and the City of Temecula in administering the District, costs of the elimination of the
Prior Lien and the costs of collecting and administering the special tax.
Section 5. The special taxes shall be collected from time to time as necessary to meet
the financial obligations of the District on the secured real property tax roll in the same manner
as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority,
and be subject to the same penalties and the same procedure and sale in cases of delinquency
as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the
California Government Code shall apply to delinquent special tax payments. The Treasurer is
hereby authorized and directed to provide all necessary information to the auditor/tax collector
of the County of Riverside and to otherwise take all actions necessary in order to effect proper
billing and collection of the special tax, so that the special tax shall be levied and collected in
sufficient amounts and at the times necessary to satisfy the financial obligations of the District in
each fiscal year until the Bonds are paid in full and provision has been made for payment of all
of the administrative costs of the District.
Notwithstanding the foregoing, the Treasurer may collect one or more installments of the
special taxes on any one or more parcels in the District by means of direct billing by the
Authority of the property owners within the District, if any of the Bonds bear interest at a variable
interest rate, or otherwise if, in the judgment of the Treasurer, such means of collection will
reduce the administrative burden on the Authority in administering the District or is otherwise
appropriate in the circumstances. In such event, the special taxes shall become delinquent if
not paid when due as set forth in any such respective billing to the applicable property owners.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the
special tax is found inapplicable to any particular parcel within the District, by a Court of
competent jurisdiction, the balance of this Ordinance, and the application of the special tax to
the remaining parcels within the District shall not be affected.
R:/'rPFA Ords 2003/TPFA 03-03 2
INTRODUCED, and the first reading occurred on November 25th 2003; and
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula
Public Financing Authority at a meeting held on the 16th day of December, 2003.
ATTEST:
Jeffrey E. Stone, Chairperson
Susan W. Jones, CMC
City Clerk/Authority Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO
CERTIFY that the foregoing Ordinance No. TPFA 03-03 was duly introduced and placed upon
its first reading at a regular meeting of the Temecula Public Financing Authority on the 25th day
of November, 2003, and that thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the Board of Directors of the Temecula Public Financing Authority on the 16th
day of December, 2003, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BOARDMEMBERS:
BOARDMEMBERS:
BOARDMEMBERS:
BOARDMEMBERS:
Susan W. Jones, CMC
City Clerk/Authority Secretary
R:/'rPFA Ords 2003/TPFA 03-03 3
ITEM 15
TO:
FROM:
DATE:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Gary Thornhill, Deputy City Manager
December 16, 2003
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINANCE~,.~,~
CITY MANAGER ~
SUBJECT: Adoption of the Western Riverside County Multiple Species Habitat Conservation
Plan
PREPARED BY:
Stephen Brown, Principal Planner
RECOMMENDATION: That the City Council
1. Adopt Resolution No. 03- entitled:
RESOLUTION NO. 03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING RESPONSIBLE AGENCY FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR THE MULTIPLE SPECIES HABITAT CONSERVATION
PLAN/NATURAL COMMUNITY CONSERVATION PLAN, ADOPTING
ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS
2. Adopt Resolution No. 03- entitled
RESOLUTION NO.03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL
COMMUNITY CONSERVATION PLAN AND JOINT EXERCISE OF
POWERS AGREEMENT CREATING THE WESTERN RIVERSIDE
COUNTY REGIONAL CONSERVATION AUTHORITY IMPLEMENTING
THE PLAN
3. Adopt Resolution No. 03-__ entitled:
R:\BROWNS\R C I P\MSHCP\MSHCP stafrpt 12-16-03.doc
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR
IMPLEMENTATION OF THE WESTERN RIVERSIDE COUNTY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN
4. Introduce Ordinance No. 03- entitled:
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 15.10, MULTISPECIES HABITAT CONSERVATION
MITIGATION FEES, TO THE TEMECULA MUNICIPAL CODE TO
ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING
THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE
WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN
5. Authorize the Mayor to execute 25 copies of the MSHC Implementation Agreement.
BACKGROUND: The Western Riverside County Multiple Species Habitat Conservation
Plan (MSHCP or Plan) is a comprehensive multi-jurisdictional Habitat Conservation Plan (HCP)
focusing on the conservation of species and their associated habitats in Western Riverside
County. The MSHCP Plan Area encompasses approximately 1.26 million acres and includes all
unincorporated Riverside County land west of the San Jacinto Mountains to the Orange County
line, as well as jurisdictional areas of the Cities of Temecula, Murrieta, Lake Elsinore, Canyon
Lake, Norco, Corona, Riverside, Moreno Valley, Banning, Beaumont, Calimesa, Perris, Hemet,
and San Jacinto.
The plan covers multiple species and multiple habitats within a diverse landscape, from urban
centers to undeveloped foothills and mountain forests, all under multiple jurisdictions. It extends
across many bio regions as well, including the Santa Ana Mountains, Riverside Lowlands, San
Jacinto Foothills, San Jacinto Mountains, Agua Tibia Mountains, Desert Transition, and San
Bernardino Mountains. It will provide a coordinated MSHCP conservation area and
implementation program to preserve biological diversity and maintain the region's quality of life.
The Western Riverside County Multiple Species Habitat Conservation Plan will serve as a
Habitat Conservation Plan pursuant to the federal Endangered Species Act as well as a Natural
Communities Conservation Plan (NCCP) under the NCCP act of 2001. The MSHCP will be
used to allow the padicipating jurisdictions to authorize "Take" of plant and wildlife species
identified within the Plan Area. The United States Fish and Wildlife Service and California
Department of Fish and Game (collectively the Wildlife Agencies) have authority to regulate the
Take of Threatened, Endangered, and rare Species. Under the Under the MSHCP, the Wildlife
Agencies will grant "Take Authorization" for otherwise lawful actions such as public and private
development that may incidentally take or harm individual species or their habitat outside of the
MSHCP Conservation Area in exchange for the assembly and management of a coordinated
MSHCP Conservation Area.
R:\BROWNS\R C I P\MSHCP\MSHCP stafrpt 12-16-03.doc
One aspect of the suite of actions the Council is requested to take is the adoption of a local
development mitigation fee for funding the MSHCP. The fee is based on the Equivalent Benefit
Unit methodology, as described in the Nexus Fee Report. The following are the proposed fees:
Residential, density less than 8.0 dwelling units per acre - $1,651 per dwelling
unit
Residential, density between 8.1 and 14.0 dwelling units per acre - $1,057 per
dwelling unit
Residential, density greater than 14.1 dwelling units per acre - $859 per dwelling
unit
Commercial - $5,620 per acre
Industrial - $5,620 per acre
All fees will be collected and transmitted to the Western Riverside Regional Conservation
Authority on a quarterly basis. Fees collected will only be used for the acquisition and
preservation of vegetation communities and natural areas within the City and the region that
supports species covered in the MSHCP, subject to the provisions of the MSHCP.
The City has received two letters in opposition to the adoption of the MSHCP and one letter in
favor of the adoption. The Riverside County Counsel's office has prepared a rebuttal to one of
the opposition letters. All of these letters are attached to this Council Report.
FISCAL IMPACT: A minimal fiscal impact is anticipated since City staff will be responsible
for the collection and processing of mitigation fees, monitoring and participating in MSHCP
related activities. An approximation of the costs is unknown at this time.
Environmental Review: Within the Scope of the Environmental Impact Report and
Environmental Impact Statement adopted by the Riverside County Board of Supervisors on
June 9, 2003, such EIR adequately describes the activity for purposes of CEQA as it relates to
the City's corporate and sphere of influence boundaries as a responsible Agency under CEQA
Guidelines Section 15253.
ATTACHMENTS:
Attachment 1: Council Resolution [making Responsible Agency Findings, adopting
environmental findings and adopting a Statement of Overriding Findings]
Attachment 2. Council Resolution [approving the Western Riverside MSHCP/NCCP and JPA
creating the Regional Conservation Authority]
Attachment 3. Council Resolution [procedures and requirements for the Western Riverside
County MSHCP]
Attachment 4. Council Ordinance adding Chapter 15.10 to the Temecula Municipal Code
Attachment 5. Letter from the Property Owners Association of Riverside County in opposition to
the MSHCP
R:\BROWNS\R C I P\MSHCP\MSHCP stafrpt 12-16-03.doc
Attachment 6. Rebuttal memorandum prepared by Best Best & Krieger on behalf of Riverside
County with regard to the letter submitted by the Property Owners Association of
Riverside County
Attachment 7. Letter from Nossaman, Guthner, Knox & Elliott, LLP in opposition to the adoption
of the MSHCP
Attachment 8. Letter in Support of the MSHCP from the California Hispanic Chamber of
Commerce
R:\BROWNS\R C I P\MSHCP\MSHCP stafrpt 12-16-03.doc
ATTACHMENT NO. 1
Council Resolution
(making Responsible Agency Findings, adopting environmental findings and
adopting a Statement of Overriding Findings)
R:~BROWNS~R C I PhMSHCP\council report 12-16-03 attach headers.doc
EXHIBIT 1.
RESOLUTION NO.03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING RESPONSIBLE AGENCY FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION
PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND
APPROVING THE WESTERN RIVERSIDE COUNTY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN/NATURAL
COMMUNITY CONSERVATION PLAN AND IMPLEMENTING
AGREEMENT, ADOPTING ENVIRONMENTAL FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AND ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS
WHEREAS, the Westem Riverside County Multiple Species Habitat Conservation Plan (the
"MSHCP" or"Project") is a multi-jurisdictional habitat conservation plan focusing on the conservation
of both sensitive species and their associated habitats to address biological and ecological diversity
and conservation needs in Western Riverside County, setting aside significant areas of undisturbed
land for the conservation of sensitive habitat while preserving open space and recreational
opportunities; and
WHEREAS, the MSHCP boundaries ("MSHCP Plan Area") encompass approximately 1,966
square miles, consisting of approximately 1.26 million acres and include approximately 843,500
acres of unincorporated Westem Riverside County land west of the crest of the San Jacinto
Mountains and extending to the Orange County line, as well as approximately 372,700 acres within
the jurisdictional areas of the following 14 incorporated cities: Banning, Beaumont, Calimesa,
Canyon Lake, Corena, Hemet, Lake Elsinore, Moreno Valley, Temecula, Norco, Perris, Riverside,
San Jacinto, and Temecula (collectively, "Cities"); and
WHEREAS, the MSHCP establishes a framework for compliance with State and Federal
endangered species regulations while accommodating future growth in Western Riverside County,
including issuance of "Take" permits for certain species pursuant to Section 10(a)(1)(B) of the
federal Endangered Species Act and Section 2800, et seq. of the California Fish and Game Code;
and
WHEREAS, the County of Riverside ("County"), is the lead agency pursuant to the California
Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.) and the State CEQA
Guidelines (14 CCR § 15000 et seq.); and
WHEREAS, the County determined that a joint Environmental Impact Report/Environmental
Impact Statement ("EIR/EIS") should be prepared pursuant to the California Environmental Quality
Act ("CEQA") and the National Environmental Quality Act ("NEPA") in order to analyze all potential
adverse environmental impacts of the Project; and
WHEREAS, the Board of Supervisors of the County of Riverside, at its regularly scheduled
public meeting on June 17, 2003 reviewed and considered the Initial Study, Draft EIR/EIS, Final
EIR/EIS and other related documents in the record before it and by Resolution No. 2003-299,
C:XDocuments and SettingsWiich aela. Ballr eich~Local Settings\Temporary lntemet Files\OLK4XP. esolution for Adopting MSHCP Ey.h I .doc
certified the Final EIPJEIS and adopted environmental findings and a Statement of Overriding
Considerations; and
WHEREAS, pursuant to State CEQA Guidelines sections 15091 and 15096, sub.(h) and
CEQA, the City of Temecula ("City") is a responsible agency for the Project and must therefore
make certain findings pdor to the approval of the MSHCP; and
WHEREAS, the City Council of the City, at its regularly scheduled public meeting on
December 16, 2003 reviewed and considered the Final EIR/EIS and other related documents in the
record before it; and
WHEREAS, all the procedures of CEQA and the State CEQA Guidelines have been met,
and the Final EIR/EIS, prepared in connection with the Project, is sufficiently detailed so that all the
potentially significant effects of the Project on the environment and measures necessary to avoid or
substantially lessen such effects have been evaluated in accordance with the above-referenced Act,
Guidelines and Rules; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis
for its decision on the Project; and
WHEREAS, all of the findings and conclusions made by the City Council pursuant to this
Resolution are based upon the oral and written evidence presented to it as a whole and not based
solely on the information provided in this Resolution; and
WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed
and considered all of the information and data in the administrative record, including the Draft
EIPJEIS, Final EIR/EIS and other documentation relating to the Project, and all oral and written
evidence presented to it dudng all meetings and hearings; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TEMECULA AS FOLLOWS:
A. The Final EIR/EIS prepared for the MSHCP has been received by the City
Council and incorporated herein by this reference.
The City Council hereby finds and determines that the Final EIR/EIS has
been completed in compliance with CEQA and the State CEQA Guidelines
and, and as the decision-making body for the City of Temecula, the City
Council has reviewed and considered the information contained in the Final
EIR/EIS and related documents in the record and all of the environmental
effects of the MSHCP.
The City Council concurs with the environmental findings in County
Resolution No. 2003-299 and adopts these findings, attached hereto as
Exhibit B and incorporated herein by this reference. The City Council also
finds that there are no additional feasible mitigation measures or alternatives
within its powers that would substantially lessen or avoid any significant
effects that the MSHCP would have on the environment.
C:~Documents and S ettin gs~Michaela.Ballreich~ocal Setlings\Temporary Imernet Files\OLK4~Resolution for Adopting MSHCP Exh I .doc
The City Council concurs with the statement of overriding considerations in
County Resolution No. 2003-299 and adopts the statement, and finding that
the benefits of the MSHCP outweigh the adverse environmental impacts not
reduced to below a level of significance.
The City Council hereby approves the MSHCP and authorizes the Mayor to
execute the Implementing Agreement.
The City Council hereby authorizes and directs that a Notice of
Determination shall be filed with the Clerk of the County of Riverside within
five (5) working days of approval of the Project.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this
sixteenth day of December, 2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OI~ 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. 03- was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the sixteenth day of December, 2003, bythe following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
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Board of Supervisors
ATTACHMENT D
Countw of Riverside
RESOLUTION NO. 2003-299
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE MULTIPLE SPECIES HABITAT
CONSERVATION PLAN AND APPROVING THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN AND IMPLEMENTING
AGREEMENT
WHEREAS, the Western Riverside County Multiple Species Habitat Conservation Plan (the
"MSHCP" or "Proje6t") is a multi-jurisdictional habitat conservation plan focusing on the
conservation of both sensitive species and their associated habitats to address biological and
ecological diversity and conservation needs in Western Riverside County, setting aside significant
areas of undisturbed land for the conservation of sensitive habitat while preserving open space and
recreational opportunities; and
WHEREAS, the MSHCP boundaries ("MSHCP Plan Area") encompass approximately
1,966 square m/les, consisting of approximately 1.26 million acres and include approximately
843,500 acres of unincorporated Western Riverside County land west of the crest of the San Jacinto
Mountains and extending to the Orange County line, as well as approximately 372,700 acres within
the jurisdictional areas of the following 14 incorporated cities: Banning, Beaumont, Calimesa,
Canyon Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Norco, Perris, Riverside,
San Jacinto, and Temecula (collectively, "Cities"); and
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WHEREAS, the MSHCP establishes a framework for compliance with State and Federal
endangered species regulations while accommodating future growth in Western Riverside County,
including issuance of"Take" permits for certain species pursuant to Section 10(a)(1)(B) of the
federal Endangered Species Act and Section 2800, e_!t seq. of the California Fish and Game Code;
and
WHEREAS, the County of Riverside ("County"), is the lead agency pursuant to the
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California Environmental Quality Act '("CEQA") (Public Res. Code, § 21000 et seq.), the State
CEQA Guidelines (14 CCR § 15000 et seq.) and the County of Riverside's Local Rules for
implementing CEQA; and
WHEREAS, the County determined that a joint Environmental Impact Report/
Environmental Impact Statement ("EIR/EIS") should be prepared pursuant to CEQA and the
National Environmental Quality Act ("NEPA") in order to analyze all potential adverse
environmental impacts of the Project; and
WHEREAS, the County published a Notice of Preparation ("NOP") ora draft EIR/EIS on
September 7, 2001, in The Press Enterprise and La Prensa. The NOP was also distributed by the
County and mailed to 149 recipients and was circulated for a period of 30 days, pursuant to State
CEQA Guidelines sections 15082(a), 15103 and 15375; and
WHEREAS, pursuant to State CEQA Guidelines section 15082, the County solicited
comments from potential responsible agencies, including details about the scope and content of the
environmental information related to the responsible agency's area ofst~.tutory responsibility, as well
as the significant environmental issues, reasonable alternatives and mitigation measures that the
responsible agency would have analyzed in the Draft EIR/EIS; and
WHEREAS, approximately 29 written comments were received by the County in response
to the NOP, which assisted the County in narrowing the issues and alternatives for analysis in the
Draft ElY, lEIS; and
WHEREAS, the Draft EIR/EIS was completed and released for public review on or about
November 14, 2002; and
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WHEREAS, the Board of Supervisors held public hearings to consider comments on the
· MSHCP and the Draft EIX/EIS on May 5, 6 and 8, 2003; and
WHEREAS, the Board of Supervisors of the County of Riverside, at its regularly scheduled
public meeting on June 17, 2003 reviewed the Initial Study, Draft EIR/EIS and the Final EIR/EIS
and other related documents in the record before it; and
WHEREAS, as contained herein, the County, as lead agency, has endeavored in good faith
to set forth the basis for its decision on the Project; and
WHEREAS, all of the findings and conclusions made by the County pursuant to this
Resolution are based upon the oral and written evidence presented to it as a whole and not based
solely on the information provided in this Resolution; and
WHEREAS, no comments made in the public hearings conducted by the County or any
additional information submitted have produced substantial new information requiring recirculation
or additional environmental review under State CEQA Guidelines section 15088.5; and
WHEREAS, all the procedures of CEQA, the State CEQA Guidelines and the Riverside
County Rules to Implement the Act have been met, and the Final EIR/EIS, prepared in connection
with the Project, is sufficiently detailed so that all the potentially significant effects of the Project on
the environment and measures necessary to avoid or substantially lessen such effects have been
evaluated in accordance with the above-referenced Act, Guidelines and Rules; now, therefore,
BE IT RESOLVED, FOUND, DETERMINED, AND ORDERED by the Board of
Supervisors of the County of Riverside, in regular session assembled on June 17, 2003, that:
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Certain plant and animhl species and habitat exist, or may exist, within Western
Riverside County, which are: 1) state or federally listed as threatened or endangered;
2) proposed for listing as threatened or endangered; or 3) identified as a Dalifornia
Department offish and Game ("CDFG") Species of Special Concern, a California
Fully Protected Species, a California Specially Protected Species, a sensitive plant
species as determined by the California Native Plant Society, or other unlisted
wildlife considered sensitive within the MSHCP Plan Area.
Future'growth and land development within the MSHCP Plan Area, including both
public and private projects, may result in the "taking" of 146 species ("Covered
Species"), thus requiring Take Authorization prior to the carrying out of otherwise
lawful activities.
The MSHCP establishes the conditions under which the County and Cities
("Permittees") will receive certain long-term Take Authorizations and other
assurances that will allow the taking of Covered Species incidental to lawful uses
authorized by the Permittees; and
The MSHCP provides for the assembly and management of a reserve for the
conservation of natural habitat and their constituent wildlife populations, and
establishes an overall conservation strategy for Western Riverside County that will
guarantee the protection of the Covered Species. The conservation strategy includes
the conservation of the Covered Species, existing habitat, the restoration of degraded
habitat, managing a reserve system, and conducting biological monitoring in
perpetuity.
The MSHCP provides for the creation of' a reserve that conserves and manages
approx/mately 500,000 acres of habitat comprised of 347,000 acres of existing
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reserves and t53,000 ad'ditional acres CMSHCP Conservation Area"). The 153,000
acres consist of 97,000 acres conserved as the local mitigation component and 6,000
acres conserved as mitigation for State Permittee projects. Of the 97,000 acres
conserved as the local mitigation component, 41,000 acres would be accrued
through the implementation of developer incentives and on-site set-asides
accomplished through the development review process.
The MSHCP Will serve as an Habitat Conservation Plan ("HCP") pursuant to
Sectiori 10(a)(l)(B) of the Federal Endangered Species Act of 1973 CFESA"), as
well as a Natural Community Conservation Plan ("NCCP") pursuant to the NCCP
Act of 2001, as amended. The approval of the MSHCP and execution of the
Implementing Agreement ("IA") would allow the Wildlife Agencies (United States
Fish and Wildlife Service ["USFWS"] and CDFG) to issue Take authorizations for
Covered Species in the MSHCP Plan Area to the signatories of the IA.
The MSHCP will mitigate impacts to biological resources that will result from future
development. The MSHCP wi!l not directly cause those impacts, but provides Take
Authorization for listed species through the Wildlife Agencies and would conserve
Covered Species. The MSHCP is "self-mitigating," meaning that most Project
impacts are reduced to below a level of significance as a result of implementation of
MSHCP components. Additionally, implementation of the management and
monJtohng programs outlined in the MSCHP would reduce all the potential
impacts/consequences of the MSHCP to a less than significant level.
BE IT FURTIIER RESOLVED by the Board of Supervisors that the Final EIR/EIS and
the evidence in the administrative record before it confirmed that implementation of the MSHCP
would result in no significant environmental effects related to the following issue areas: Aesthetics,
Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology
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and Water Quality, Land use (comrnur~ity division and HCP conflicts only), Noise, Public Services
(with the exception of fire protection and parks), Utilities, and Environmental lustice.
Aesthetics
While the primary goal of the MSHCP is the protection and preservation o£natura
habitats, the MSHCP would have a secondary benefit of preserving visual resource~
and scenic vistas. (EI1VEIS, p. 1.5-5.) Implementation of the MSHCP would
reserve large areas of open space for habitat, habitat linkages, and hillside areas,
enhancing the overall aesthetic value of the region. (Ibid.) Because the MSHCP
does not entail physical development, implementation of the MSHCP would not
create additional sources of light or glare. (Ibid.) Accordingly, impacts on aesthetics
are less than significant.
Air Quality
The MSHCP Plan Area is located within the South Coast Air Basin (SCAB).
Because there is no physical development associated with the MSHCP, its
implementation would not result in direct air quality impacts. (EI/VEIS, p. 1.5-6.)
Development outside of the MSHCP Conservation Area may be higher density
development along designated transportation corridors throughout Western
Riverside County and may indirectly result in localized air quality impacts through
the generation of carbon monoxide "hot spots" in areas, of high traffic congestion.
(Ibid.) Accordingly, the MSHCP Could have potential indirect air quality impacts.
However, due to the number of acres involved, the flexible nature of the MSHCP
Conservation Area's boundaries, and changing market conditions, it is speculative
to predict where future development will occur. (Ibid.) Future development
proposals must undergo environmental review and their potential air quality impacts
will be identified, analyzed and mitigated, as appropriate. (Ibid.) Thus, the impacts
from the MSHCP to air quality are less than significant.
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Cultural Resources
The MSHCP does not propose or authorize any physical development, so its
implementation will not result in any direct impacts to cultural resources. (EIR/EIS
p. 1.5-6.) However, the MSHCP has the potential to indirectly impact cultural
resources within the MSHCP Plan Area, as high density development that may occur
outside of the MSHCP Conservation Area may destroy or disturb cultural resources
in these areas. (Ibid.) Due to the number of acres involved, the flexible nature of the
MSHCP 'Conservation Area's boundaries, and changing market conditions, it is
impossible to predict where future development will occur. Proposals for future
development will be subject to environmental review and potential impacts to
cultural resources at future development sites will be determined, analyzed and
mitigated during project specific environmental analyses by the County and Cities in
Western Riverside County. (Ibid.)
There is also the potential that historic human burials may be present in the MSHCP
Plan Area. (EIPdEIS, p. 1.5-7.) Because the MSHCP does not authorize, approve
or contemplate any physical development, it will not have any direct impact on
historic human remains. (Ibid.) However, the MSHCP does accommodate projected
growth by providing Take Authorization for development within the MSHCP Plan
Area. Human burial sites within the MSHCP Conservation Area will be avoided, so
no indirect impacts on human remains within this area wilt occur. (Ibid.) However,
the MSHCP has the potential to have significant indirect impacts on human resources
within the MSHCP Plan Area outside the MSHCP Conservation Area if development
shifts to those areas. Since the MSHCP Conservation Area's boundaries are not
fixed, the MSHCP encompasses thousands of acres, and development patterns and
timing are largely dependent on market conditions and other factors, it is impossible
to speculate where future development may occur. (Ibid.) Future development
proposals will be subject to environmental review under CEQA and the potential
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impacts of specific development projects on historic human remains will be identified,
analyzed and mitigated when the site-specific projects are proposed. (Ibid.)
Accordingly, there are no significant impacts to cultural resources from the MSHCP.
Geology and Soils
Because the adoption of the MSHCP does not include the development of physical
structures or facilities, it would not increase the potential for geologic/soil stability
hazards.' (EI1MEIS, p. 1.5-7.) An indirect effect of the MSHCP could be an
increasi~ in development pressure outside the boundaries of the MSHCP
Conservation Area, which may result in a change of density, form, and character of
development. (Ibid.) Such increased development pressure could result in increased
development on or near properties that exhibit sensitive or unstable geologic
conditions, or on soils subject to erosion or otherwise unsuitable for development.
(Ibid.) However, because the boundaries are not fixed, the MSH~P encompasses
thousands of acres, and development patterns and timing are largely dependent on
market conditions and other factors, it is impossible to speculate where future
development may occur. (Ibid.) Future development within Western Pdverside
County will require environmental analyses in compliance with CEQA. Potential
impacts arising from the unique geologic, seismic, or soil conditions at future
development sites would be determined, analyzed, and mitigated during project-
specific environmental analyses. (Ibid.) Accordingly, there are no significant
impacts to geology or soils from the MSHCP.
Hazards and Hazardous Materials
The MSHCP does not alter methods utilized to generate, use, store, transport, or
dispose of hazardous materials; change the locations of hazardous materials sites;
change the locations where hazardous materials are generated, used, stored, or
disposed; or modify, impair or interfere with the establishment or execution of
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emergency response/evacuation plans. (EIR/EIS, p. 1.5-7.) WhiletheMSHCPmay
increase development density outside the MSHCP Conservation Area, the MSHCP
does not change the amount of growth that is anticipated to occur in Western
Riverside County. (EIR/EIS, p. 1.5-7.) Therefore, the MSHCP would not have
significant direct impacts related to hazards or hazardous materials.
The MSHCP has the potential for causing indirect impacts on hazards/hazardous
materials. (EI1VEIS, p. 1.5-8.) Since development in the MSHCP 'Conservation
Area v~ill be precluded, the MSHCP could increase the density of development
outside of the MSHCP Conservation Area, which may increase development
pressures in the vicinity of local airports. However, it is impossible to speculate
where growth will occur and whether it will occur in close proximity to airports
located within the MSHCP Plan Area. (Ibid.) Potential impacts associated with
hazardous materials and other hazards resulting from future development will be
determined during project-specific environmental analyses for those individual
projects, in compliance with CEQA. (ibid.) Accordingly, there are no significant
impacts to hazards or hazardous materials from the MSHCP.
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Hydrology and Water Quality
The MSHCP does not alter the rate or amount of growth projected for Western
Riverside County, nor does it propose or authorize any physical construction.
(EIR/EIS, p. 1.5-8.) Since there will be no change between conditions as they
currently exist and how they will exist under the MSHCP, the MSHCP will not
violate any water quality or waste discharge standards, reduce groundwater supplies,
alter existing drainage patterns, or cause any other direct impact on hydrology or
water quality. (Ibid.) Rather, the MSHCP will substantially reduce the types of
activities that would increase urban runoff or result in erosion or sedimentation.
Because implementation of the MSHCP would preclude development in the MSHCP
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Conservation Area, the MSHCP's direct impact on water quality will likely be
beneficial. (Ibid.)
Development outside of the MSHCP Conservation Area could result in adverse
water quality impacts. (EIR/EIS, p. 1.5-8.) Land-clearing activities associated with
development increase erosion and sedimentation; runoff from developed uses
generally increase the amount of debris, dirt, grease, and petroleum products, and
pathpgens in storm runoff. Because the MSHCP does not alter the amount of
development, cumulative discharges to watersheds within Western Riverside County
would be the same. (Ibid.) However, by shifting development patterns, the MSHCP
might cause indirect water quality impacts by changing the location of discharges,
which might ultimately affect overall water quality. Whether this occurs depends on
the location of future development, which would be too speculative to predict at this
time. (Ibid.) In compliance with CEQA, potential hydrology and water quality
impacts resulting from future development will be analyzed during project-specific
environmental analyses for those projects as they arise. (Ibid.) Accordingly, there
are no significant impacts to hydrology and water quality from the MSHCP.
Land Use (Community Division, HCP Conflicts only)
The MSHCP does not propose or authorize any physical development. The MSHCP
Conservation Area will be assembled from undeveloped lands. (EIR/EIS, p. 1.5-9.)
Therefore, implementation of the MSHCP will not directly or indirectly result in the
division of an established community. (Ibid.) The MSHCP will not have any
significant direct or indirect impacts on adopted Habitat Conservation Plans
("HCPs") or Natural Community Conservation Plans ("NCCPs"). Rather, the
MSHCP is specifically designed to augment and complement existing HCPs and
NCCPs throughout Western Riverside County. (Ibid.) Additionally, the MSHCP
will not cause adverse cumulative impacts by conflicting with the provisions of any
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adopted HCP, NCCP o~: other approved local, regional, or State habitat conservation
plan either within or outside of the MSHCP Plan area. Rather, the MSHCP has been
written specifically to complement existing HCPs, such as the Stephens ' kangaroo
rat long-term HCP. EIR/EIS, p. 5.1-7.)
Noise
Because implementation of the MSHCP will not result in development, no direct
noise impacts will occur. (EIR/EIS, p. 1.5-9.) Indirect noise impacts may occur
due to' increased development pressure and changes to the density, form, and
character of development outside the MSHCP Conservation Area. (Ibid.) Because
less land would have to accommodate more people, the intensification of land use
could result in the siting of high-volume noise activities in closer proximity to
sensitive receptors. However, it is impossible to speculate where future development
might occur. (Ibid.) Potential noise resulting from future development in Western
Riverside County will be determined during future project-specific environmental
analyses, in compliance with CEQA. (Ibid.) Accordingly, there are no significant
impacts to noise from the MSHCP.
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Public Services (Police, Schools, Libraries, Others)
The MSHCP does not authorize or contemplate any construction, nor does it result
in the loss of existing facilities. Therefore, the MSHCP will not have any significant
direct impacts on public services. (E1R/EIS, p. 1.5-9.) Regarding indirect impacts,
the MSHCP may accommodate growth in areas outside of the MSHCP Conservation
Area and growth in these areas will result in an increased demand for police
protection, schools, and libraries, and facilities would likely be constructed in
accordance with the relevant General Plans for the County and Cities. (Ibid) It is
impossible to speculate where and when future development might occur, and, as a
result, the locations where demand for public services might be increased, and the
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location of future facilities, cannot be determined. (Ibid.) Potential public services
impacts resulting from future development in Western Riverside County will be
determined during future project-specific environmental analyses, in compliance with
CEQA. (Ibid.) Accordingly, there are no significant impacts tt} public services from
the MSHCP.
Utilities
The MSHCP does not authorize or contemplate any physical development, so it will
not require the use, construction, or expansion of water facilities, wastewater
treatment facilities, storm drainage facilities, or landfill capacity. Therefore, no direct
impact on utilities would result from implementation of the MSHCP. (EIR/EIS, p.
1.5-9.) Because the MSHCP could increase pressure to develop areas outside of the
MSHCP Conservation Area and may encourage more dense or compact
development, implementation of the MSHCP could necessitate the shift of utility
facilities to areas outside of MSHCP Conservation Area. (Ibid.) However, it is
impossible to speculate at this time where future development might occur. (Ibid.)
Potential impacts to utility facilities and service systems resulting from future
development will be determined during preparation of project-specific environmental
analyses, in compliance with CEQA. (Ibid.) Accordingly, there are no significant
impacts to utilities from the MSHCP.
Environmental Justice
Environmental Justice issues were considered in the proposed MSHCP process.
(EDUEIS, p. 1.5-10.) On October 20, 1998, the Riverside County Board of
Supervisors reviewed consensus "planning principles" submitted by the coalition of
interest groups, and endorsed their use as initial guidelines in the early stages of
developing the Riverside County Integrated Plan ("RCIP"). (Ibid.) Enviromnental
Justice issues were integrated with principles such as acknowledging the rights of
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private property owners and offering just compensation according to federal and
State laws regarding private property reserved for public purposes. (Ibid.)
Significant impacts will result only if implementation of the MSHCP produced
disproportionate significant adverse environmental or human health impacts to low-
income or minority population communities. (EIR/EIS, p. 1.5-I 1:) Because the
MSHCP will not directly result in any physical change to the environment, there
could be no disproportionate significant adverse impacts to minority or low-income
communities and thus no mitigation is required. (Ibid.)
BE IT FURTHER RESOLVED by the Board of Supervisors that the following
environmental impacts associated with the MSHCP are potentially significant unless otherwise
indicated, but each of these impacts will be avoided or substantially lessened by the incorporated
project features:
Biological Resources (Sensitive Vegetation Communities, except Native Grasslands)
1. Impacts:
The focus of the analysis for the MSHCP is on the conservation requirements
of Covered Species, which includes the conservation of suitable l~abitat
vegetation types for each species. For purposes of analysis, vegetation types
are grouped into four primary communities: sensitive upland, wetland, forest,
and agriculture. (EIR/EIS, p. 4.1-12.) The MSHCP identifies species-
specific requirements for the conservation of vegetation communities that
will achieve the overall biological goal and species-specific objectives for
Covered Species. This species-specific approach is more appropriate for
determining impacts than targeting an arbitrary percentage for conservation
of particular Vegetation Communities. The analysis for conservation of each
vegetation community identifies representativeness of. the vegetation
commun/ty conserved, configuration of the vegetation community conserved,
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and consideration of those factors with respect to species-specific
conservation requirements. (Responses G-15, G-16 and G-17.)
For sensitive upland communities within the MSHCP Plan Area,
implementation of the MSHCP will authorize Take of 37 percent of
chaparral, 48 percent of coastal sage scrub, 66 percent of desert scrub, 72
percent of grassland (including both native and non-native grassland), and 34
percent of Riversidean alluvial fan sage scrub. (E1RfEIS, Table 4A.) For
'wetland communities within the MSHCP Plan Area, the MSHCP will
authorize Take of 76 percent of meadows and marshes, 15 percent ofplayas
and vernal pools, 15 percent of water, and 26 percent of riparian
scrub/woodland/forest. For forest communities within the MSHCP Plan
Area, the MSHCP will authorize Take of 31 percent of montane coniferous
forest, and 32 percent of woodlands and forests. (EIR/EIS, p. 4.1-12.)
Additionally, the MSHCP will not cause adverse cumulative effects related
to the reduction of sensitive vegetation communities within the MSHCP Plan
Area; rather, the MSHCP is designed to preserve sufficient acreage of the
sensitive vegetation communities present in Western Riverside County.
(EIR/EIS, p. 5.1-7.)
Features of the MSHCP that will reduce project impacts:
The MSHCP's components will minimize to the extent feasible potential
impacts to sensitive vegetation communities. (EIR/EIS, p. 4.1-13.) These
include assembly of an approximately 500,000-acre MSHCP Conservation
Area encompassing Conserved Habitat. (Ibid.) Conserved Habitat is land
that is permanently protected, in part by legal arrangements that prevent its
conversion to other uses. (Ibid.) The acreages of vegetation communities
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not authorized for Take will be included as Conserved Habitat within the
MSHCP Conservation Area. (Ibid.)
Since the MSHCP will authorize the Take of 31 percent and 32 percent of
montane coniferous forest and woodlands and forests, respectively, the
majority of the forest communities will be included as Conserved Habitat
within the MSHCP Conservation Area. (Ibid.) Thus, the MSHCP will not
result in a substantial reduction of these communities, and impacts are
'considered to be less than significant. (Ibid.) For the sensitive upland
communities, inclusion of 63 percent of the chaparral within the MSHCP
Conservation Area will not result in a substantial reduction of these
communities because of the large percentage of this vegetation community
that will be included as Conserved Habitat under the MSHCP, the extensive
acreage and wide distribution of this vegetation community throughout the
MSHCP Plan Area, and the relatively low numbers of listed species within
the MSHCP Plan Area preferring this vegetation community. (EIRfEIS, p.
4.1-14.)
For coastal sage scrub and Riversidean alluvial fan sage scrub 52 percent and
66 percent of these vegetation communities, respectively, will be included as
Conserved Habitat. (EIR/EIS, p. 4.1-14.) Impacts to coastal sage scrub
and Riversidean alluvial fan sage scrub due to the patchy distribution of these
vegetation communities in the MSHCP Plan Area and the relatively large
numbers of sensitive species occurring in these vegetation communities, will
be reduced to a less than significant level by features incorporated into the
MSHCP, including the configuration of conserved lands, as well as adaptive
management and monitoring policies which will ensure that the MSHCP
achieves the biological goal for each coastal sage scrub Covered Species.
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(EIR/EIS, p. 411-14; Response G-IT) The MSHCP could reduce desert
scrub by 66 percent; however, features incorporated into the MSHCP,
including the configuration of conserved lands, as well as adaptive
management and monitoring, will reduce impacts to desert scrub to a less
than significant level. (EIR/EIS, p. 4.1-14.)
The Project and its associated Take Authorization could result in impacts to
88 percent of the agricultural vegetation community. However, agriculture
'is not a sensitive natural vegetation community. Thus, impacts to agriculture
are not regarded as biologically significant. (EZR/EIS, p. 4.1 - 14.) Moreover,
flexibility is incorporated in the Criteria Area and the Reserve Assembly
process to take advantage of opportunities to provide for additional
vegetation community Conservation as the MSHCP is implemented. (Ibid.)
The MSHCP also requires additional mapping of riparian, riverine, vernal
pools, and other potentially jurisdictional wetland areas as part of the CEQA
review of applications for Covered Activities within the MSHCP Plan Area.
(Ibid.) This MSHCP policy calls for avoidance and minimization of impacts
to wetland habitat throughout the MSHCP Plan Area in accordance with
existing regulatory standards that call for conservation and mitigation of
wetland functions and values. (Ibid.) Together, inclusion of substantial
acreages of wetland vegetation communities within the MSHCP
Conservation Area, and implementation of the Kiparian/Riverin e/Vernal Pool
policy incorporated in the MSHCP, will reduce identified impacts to wetland
vegetation communities to a level below significance. (Ibid.)
Based on features of the MSHCP itself, implementation of the MSHCP will
not have a substantial adverse impact on any wetland or other sensitive
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natural community identified in local or regional plans, policies, or
regulations or by the Wildlife Agencies and no mitigation measures are
required. (Ibid.)
Since the MSHCP will not cause any adverse cumulative effects related to
the reduction of sensitive vegetation communities, no mitigation measure~
are required. (EIR/EIS~ p. 5.1-7.)
Biological Resources (Listed Covered Species only)
h Impacts:
The MSHCP provides Take Authorization for Covered Species resulting
from development outside of the Criteria Area, as well as those Covered
Acti¥ities that are consistent with the Criteria and permitted inside the
Criteria Area. (EIPJEIS, p. 4.1-15.) In addition, Take Authorization is also
provided for certain activities within the Criteria Area and within existing
public/quasi-public lands, including maintenance and minor improvements to
existing roads, improvements related to planned roads, and limited future
facilities, such as electrical,, gas, water, sewer, flood control, and State Park
facilities. The MSHCP includes specific criteria for locating such facilities
and provides guidelines for design of the facilities that will avoid or reduce
impacts to Covered Species. (Ibid.)
RVPUB\MKS\652370
As a result of issuance of the Permits, the 146 Covered Species identified in
the MSHCP could be legally taken by Permittees outside of the MSHCP
Conservation Area. Nineteen of the 83 covered wildlife species and 13 of the
63 covered plant species are listed under FESA or the California Endangered
Species Act ("CESA"). (EIR/~IS, p. 4.1 - 15.) These 19 wildlife species and
13 plant species will be directly affected by the MSHCP because they will no
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longer receive Frotection outside of the MSHCP Conservation Area. (Ibid.)
The impacts to the 32 Listed Covered Species are quantified based on the
best existing information available for known occurrences and potential
suitable habitat for each Listed Covered Species. (EIR/EIS, Table 4B). The
impacts for each species are as follows:
Vernal pool fairy shrimp -Branchinecta lynchi No known localities will
be within the area subject to Take. Approximately 4,016 acres (60%) of
'suitable habitat including playas and vernal pools w/Il be within the area
subject toTake. (E1R/EIS, p. 4.1-15.)
Riversidefairyshrimp-Streptocephaluswootton£ Individuals occurring
outside of the MSHCP Conservation Area will be within the area subject to
Take. Approximately 5,868 acres (33%) of suitable habitat including playas
and vernal pools will be within the area subject to Take. (EIR/EIS, p. 4.1-
16.)
Quino checkerspot butterfly- Euphydryas editha quino. Approximately
41,668 acres (38%) of suitable habitat including chaparral, coastal sage
scrub, grasslands, playas and vernal pools, and woodlands and forests will be
within the area subject to Take. (EIR/EIS, p. 4:1-16.)
Delhi Sands flower-loving fly -Rhaphiomidas terminatus abdominalis.
Individuals occurring outside of the MSHCP Conservation Area will be
within the area subject to Take. Approximately 452 acres (90%) of suitable
habitat including coastal sage scrub, Riversidean alluvial fan sage scrub, and
grasslands co-occurring with Delhi soils will be within the area subject to
Take. Approximately 791 acres (82%) of restorable habitat including
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agricultural lands occurring with Delhi soils-will be within the area subject to
Take. (EIRfEIS, p. 4.1-16.)
Santa Aha sucker- Catastomus santaanae. None of the core population
areas, spawning areas, dispersal, or refuge areas will be within the area
subject to Take. Approximately 540 acres (6%) of suitable habitat that
includes water habitat will be within the area subject to Take. 0E1R/EIS, p.
4:1-17.)
Arroyo toad - Bufo californicus. Individuals occurring outside of the
MSHCP Conservation Area will be within the area subject to Take.
Approximately 296 acres (16%) of suitable breeding habitat including
meadows and marshes, riparian scrub, woodland and forest, and Riversidean
alluvial fan sage scrub will be within the area subject to Take. Approximately
2,320 acres (25%) of suitable upland habitat including agricultural lands,
chaparral, coastal sage scrub, grasslands, and woodlands and forests will be
within the area subject to Take. (EIR/EIS, p. 4.1-18.)
California red-legged frog - Rana aurora draytonii. Approximately 47
acres (6%) of suitable habitat including playas-and vernal pools riparian
scrub, Riversidean alluvial fan sage scrub, and open water will be within the
area subject to Take. Approximately 9,370 acres (19%) of suitable upland
habitat including agricultural lands, chaparral, coastal sage scrub, grasslands,
and woodlands and forests will be within the area subject to Take. (ELR/EIS,
p. 4.1-18.)
mountain yellow-legged'frog - Rana rnucost~ Individuals occurring
outside the MSHCP Conservation Area will be within the area subject to
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Take. Approximately 140 acres (29%) of primary habitat including riparian
scrub and woodlands and forests occurring above 1,200 feet in the San
Jacinto Mountains will be within the area subject to Take. Approximately
11,460 acres (26%) of secondary habitats including montane coniferous
forests and woodlands and forests occurring above 1,200 feet in the San
Jacinto Mountains will be within the area subject to Take.(EIR/EIS, p. 4.1-
18.)
~Southern rubber boa - Charina bottae umbratictz Incidental Take of the
southern rubber boa is difficult to quantify due to limited knowledge of the
species distribution within the MSHCP Plan Area, and the fact' that losses
may be masked by fluctuations in abundance and distribution during the life
of the permit. However, the maximum level of Take of the southern rubber
boa can be anticipated by the loss of habitat for this species. Approximately
155 acres (5%) of primary habitat, including chaparral, grassland, montane
coniferous forest, riparian scrub, woodland and forest, and non-riparian
woodland and forest, will be within the area subject to Take. (EIR/EIS, p.
4.1-18.)
Swainson's hawk - Buteo swainsoni. Localities at Winchester will be
within the area subject to Take. Approximately 257,220 acres (57%) of
suitable habitat including agriculture field crop lands, grassland, desert scrub,
Riversidean alluvial fan sage scrub, coastal sage scrub, and woodland and
forest within the Riverside Lowlands and San Jacinto Foothills bioregions
will be within the area subject to Take. (EIR/EIS, p. 4.1- 19.)
mountain plover (wintering) - Charadrius montanus. Localities that will
be affected include Winchester and Double Butte. Approximately 1,160
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acres (15%) of ~uitable habitat including playas and vernal pools within the
· Riverside Lowlands will be within the area subject to Take. (EIR/EIS, p.
4.1-19.)
western yellow-billed cuckoo - Coccyzus americanus occidentalis.
Individuals occurring outside of the MSHCP Conservation Area will be
within the area subject to Take. Approximately 2,580 acres (22%) of
suitable habitat including southern cottonwood/willow riparian, southern
' sycamore/alder riparian, riparian scrub, riparian forest, and southern willow
scrub within the Riverside Lowlands and San Jacinto Foothills bioregions will
be within the area subject to Take. (EIR/EIS, p. 4.1-20.)
southwi~stern willow flycatcher -Empidonax traillii extimus. A total of
5 of 17 localities will be within the area subject to Take Authorization;
however, the localities are located outside suitable habitat areas within
existing residential/urban/exotic areas, non-native grassland, or open water.
Approximately 3,220 acres (23 %) of suitable habitat including riparian scrub,
excluding tamarisk scrub and mule fat scrub, will be affected throughout the
MSHCP Plan Area. (EIR/EIS, p. 4.1-20.)
Peregrine falcon - Falcoperegrinus. Individuals occurring outside of the
MSHCP Conservation Area will be within the area subject to Take.
However, no impacts to raptor nests will occur. Approximately 2,140 acres
(12%) of suitable habitat including open water and riparian habitat within the
Prado Basin and Santa Aha River will be within the area subject to Take.
(EIR/EIS, p. 4.1-21.)
Bald eagle - Haliaeetus leucocephalus. Two localities at Lake Riverside
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and Lake Hemet will be within the area subject to Take. Approximately
2,140 acres (12%) of suitable habitat including riparian habitat in the Prado
Basin/Santa Aha R/ver and open water habitat will be within the area subject
to Take. (EIR/EIS, p. 4.1-21.)
Coastal .California gnatcatcher- Polioptila californica californica.
Localities that will be within the area subject to Take Authorization include
Norco Hills, Alessandro Hills, Quail Valley, and Rancho California east of
'I-15 to De Portola Road. Approximately 63,700 acres (45%) of suitable
habitat including desert scrub, Riversidean alluvial fan sage scrub, and coastal
sgge scrub will be within the area subject to Take.(EIR/EIS, p. 4.1-22.)
Least Bell's vireo- Vireo belliipusillus. Localitie? at Mockingbird Canyon
would be within the area subject to Take. Approximately 2,780 acres (23%)
of suitable habitat including riparian scrub, woodlands and forests within the
Riverside Lowlands and San Jacinto Foothills bioregions would be within the
area subject to Take. (EllWEIS, p. 4.1-22.)
San Bernardino kangaroo rat-Dipodomys merriamiparvus. Individuals
occurring outside of the MSHCP Conservation Area would be within the
area subject to Take. Approximately 1,785 acres (32%) of suitable habitat
including coastal sage scrub and Riversidean alluvial fan sage scrub would be
within the area subject to Take.(EIR/EIS, p. 4.1-23.)
Stephens' kangaroo rat - Dipodomys stephensi. Localities at March Air
Reserve Base (ARB), east Riverside, Moreno Valley, Woodcrest, Meade
Valley, Perris, Sun City, Norco Hills, Wildomar, Menifee, Murrieta,
Temecula, Hemet, San Jacinto, Banning/Beaumom, and Double Butte would
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be within the at:ea subject to Take. Approximately 11,850 acres (34%) of
suitable habitat including coastal sage scrub, desert scrub, grassland, and
Riversidean alluvial fan sage scrub would be within the area subject to Take.
(EIRFEIS, p. 4.1-23.)
Munz's onion- Allium munzi£ Two of the 15 known localities located
northeast of Alberhill and on privately-owned land would be within the area
subject to Take. Approximately 15,825 acres (42%) of primary habitat in the
'MSHCP Plan Area, including chaparral, coastal sage scrub, grassland,
peninsular juniper, and woodlands, would be within the area subject to
Take.(EIPJEIS, p. 4.1-24.)
San Diego ambrosia - Ambrosia £umilc~ One of the three known extant
localities (east of Lake Street in the City of Elsinore) would be within the
area subject to Take. Approximately 52,010 (70%) acres of primary habitat
in the MSHCP Plan Area, including grassland and playas and vernal pools,
would be within the area subject to Take Authorization; however, 8,940
acres of this 52,010 acres would be subject to focused surveys for San Diego
ambrosia. (EIR/EIS, p. 4.1-24.)
San Jacinto Valley crownscale - Atriplex coronata var. notation No
known localities would be within the area subject to Take. Approximately
1,370 acres (17%) of primary habitat, including grassland and playas and
vernal pools, would be within the area subject to Take. (EIR/EIS, p. 4.1-
25.)
Nevin's barberry - Berberis nevinii. Three of the 52 known localities (in
the City of Riverside, Aguanga, and Temecula) would be within the area
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subject to Tak& Approximately 3,990 acres (33%) of primary habitat,
including chaparral and Riversidean alluvial fan sage.scrub, would be within
the area subject to Take. (EIR/EIS, p. 4.1-25.)
Thread-leaved brodiaea- Brodiaeafilifolic~ Nine of the 30 occurrences
would be within the area subject to Take. Approximately 1,370 acres (17%)
of primary habitat, including grassland and playas and vernal pools, would be
within the area subject to Take. (EIRfEIS, p. 4.1-26.)
Vail Lake ceanoth us - Ceanothus ophiochilus. No known localities would
be within the area subject to Take. Approximately 3,350 acres (20%) of
primary habitat, including chaparral, would be within the area subject to
Take. (EIR/EIS, p. 4.1-26)
NIojave tarplant - Deinandra rnohavensis (formerly known as
Hemizonia rnohavensis). Two of eight occurrences, including along the
Banning Idyllwild Panoramic Highway and within the San Jacinto Mountains
would be within the area subject to ~i'ake. Approximately 27,850' acres
(26%) of primary habitat, including chaparral, and riparian scrub, woodland
and forest, would be within the area subject to Take. (EIR/EIS, p. 4.1-27.)
Slender-horned spine flower - Dodecahema leptoceras. Of the 27
University of California at Riverside ("UCR") database and herbarium
records, 12 of the occurrences at Gavilan Plateau, north of Meadowbrook,
Temescal Canyon, Lake Elsinore, Valle Vista, Agua Tibia Mountains, El
Cariso, and east of State Street south of Hemet would be within the area
subject to Take. Approximately 2,950 acres (26%) of primary habitat,
including chaparral and Riversidean alluvial fan sage scrub, would be within
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the area subject ~o Take. However, approximately 2,290 acres of the within
the area subject toTake. (EIRfEIS, p. 4. I~27.)
Santa Ana River woollystar- Eriastrum densifolium ssp. Sanctorur~ No
known localities would be within the area subject to Take. Approximately
910 acres (28%) of primary habitat, including Riversidean alluvial fan sage
scrub, would be within the area subject to Take.(EIR/EIS, p. 4.1-28.)
'San Diego button-celery - Eryngiurn aristulatum var. parishiL No
known localities would be within the area subject to Take. Although no
Take of known occurrences would occur as part of the MSHCP, certain
areas located outside the MSHCP Conservation Area may contain vernal
pool habitat that could support this species. (EII>,/EIS, p. 4.1-28.)
Parish's meadowfoam - Limnanthes gracilis var. parishii. No known
occurrences would be within the area subject to Take. Suitable habitat for
this species is present outside the MSHCP Conservation Area in ephemeral
· wetlands and mima mounds in forest glades and mountain areas. (EIR/EIS,
p. 4.1-28.)
Spreading navarretia -Navarretiafossalis. No known localities would be
within the area subject to Take. Approximately 1,370 acres (17%) of
primary habitat, including playas and vernal pools, would be within the area
subject to Take. (EIRfEIS, p. 4.1-28.)
California Orcutt grass - Orcuttia californica. One of five localities (west
of the Santa Rosa Plateau) would be within the area subject to Take.
Approximately 1,130 acres (14%) of primary habitat, including playas and
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vermil pools, would be within the area subject to Take. (EIRfEIS, p. 4.1-
29.)
Features of the MSHCP that will reduce project impacts:
Features have been incorporated in the MSHCP to minimize impacts to
Listed Covered Species to the extent feasible. (EIR/EIS, p. 4.1-29.) These
include assembly of an MSHCP Conservation Area that incorporates
substantial acreages of suitable habitat and known locations in a
'configuration that provides live-in and linkage habitat for a number of
species. (Ibid.) Criteria-based Reserve Assembly would occur in a manner
consistent with Rough Step policies and the Habitat Evaluation and
Acquisition Negotiation Strategy, and other implementation strategies as
described in Section 6.1.1 of the MSHCP.
In addition, the MSHCP includes policies that will provide additional
protection to some Listed Covered Species occurring outside of the MSHCP
Conservation Area. (EIR/EIS, p. 4.1-29.) The narrow endemics plant
species policy and the additional survey needs policy, described in section
6.1.3 and 6.3.2, respeCtivdy, of the MSHCP, require surveys to be
conducted as par~ of the project review process for publid and private
projects where suitable habitat is present. (Ibid.) The following Listed
Covered Species are subject to the narrow endemic plant species policy:
Munz's onion, San Diego ambrosia, San Jacinto Valley crownscale, Nevin's
barberry; thread-leaved brodiaea, vail lake ceanothus, slender-horned spine
flower, spreading navarretia, and California Orcutt grass. (E1R/EIS, p. 4.1-
30.) Additionally, the following Listed Covered Species are subject to the
additional survey needs policy: western yellow-billed cuckoo, least Bell's
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vireo, southwestern willow flycatcher, and San Bemardino kangaroo rat.
(Ibid.)
Species detected during these surveys will be conserved in accordance with
the respective applicable policy. (EIR/EIS, p. 4.1-30.) Information
gathered as a result of species surveys will serve to fill data gaps and inform
monitoring and management for species. (Ibid.) The additional survey
requirements and information gathering efforts would be implemented until
'the MSHCP Conservation Area is assembled in a manner that is consistent
with the conservation objectives for individual species. (Ibid.)
Wetland species occurring outside of the MSHCP Conservation Area may
also receive additional protection as a result of implementation of the
riparian, riverine, and vernal pool policy described in Section 6.1.2 of the
MSHCP. (EIR/EIS, p. 4.1-30.) As part of this policy, survey, mapping, and
documentation of riparian, riverine, vernal pool systems, and other areas that
are identified as jurisdictional under Section 1600 et seq. of the California
Fish and Game Code or Sections 401,402, or 404 of the Federal Clean
Water Act would occur. (lbid.) These areas may include playas and vernal
pools, open water, meadows and marshes, riparian scrub, woodlands and
forests, and other habitat types, known to occur in the MSHCP Plan Area.'
(Ibid) For areas containing riparian, riverine, or vernal pool features that are
located outside of the MSHCP Conservation Area, avoidance and
minimization measures, as required as mitigation through the CEQA process
or State/federal regulatory processes, will be imposed. The avoidance and
minimization measures will reduce impacts to wetland habitats supporting
Listed Covered Species. (Ibid.) The following Listed Covered Species will
benefit from implementation of the wetland policy: vernal pool fairy shrimp,
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Riverside fairy shrimp, SantaAnasucker, Arroyotoad, California red-legged
frog, mountain yellow-legged frog, western yellow-billed cuckoo
southwestern willow flycatcher, peregrine falcon, bald eagle, least Bell's
vireo, California Orcutt grass, San Jacinto Valley crownscale, thread-leaved
brodiaea, San Diego button-celery, and spreading navarretia. (EIPJEIS,
4.1-30.)
Additionally, the MSHCP provides that if suitable habitat were determined
'to be present, focused surveys for the following Listed Covered Species will
be conducted: least Bell's vireo, southwestern wil!ow flycatcher, western
yellow-billed cuckoo, vernal pool fairy shrimp, and Riverside fairy shrimp.
Localities of wetland species observed during focused surveys will be
conserved in accordance with the process of wetland conservation identified
in Section 6.1.2 of the MSHCP. (EIR/EIS, p. 4.1~30.)
The Management and MonitoringPrograms incorporated in the MSHCP will
be implemented to reduce to the extent feasible any significant effects
remaining after application of the MSHCP requirements. (EIR/EIS, p. 4.1-
153.) Implementation of the Management and Monitoring Programs outlined
in the MSCHP will reduce all other potential impacts/consequences of the
MSHCP to a less than significant level. (Ibid.) Therefore, the MSHCP itself
has been designed to serve as mitigation for impacts resulting from
development and to meet the issuance criteria for Take Authorization for
listed Covered Species. (ResponseF-120.) Withthecombinationofimpact-
reduction features incorporated into the MSHCP, including MSHCP
Conservation Area configuration adaptive management and monitoring, and
species survey and avoidance/minimization policies, impacts to Listed and
Covered Species are less than significant and n6 mitigation measures are
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required. (EIR/EIS, p. 4.1-32.)
In the cumulative context, the MSHCP will benefit the Covered Species by
preserving their habitat in order to address their life cycle needs. Thus, based
on the features of the MSHCP itself, cumulative impacts to Covered Species
are less than significant and no mitigation measures are required. (EIR/EIS,
p. S.1-6.)
Biological Resources (Non-Listed Covered Species only)
1. Impacts:
The Non-Listed Covered Species include 65 of the 83 Covered Wildlife
Species and 52 of 63 Covered Plant Species. The impacts to the 115 Non-
Listed Covered Species are quantified based on the best existing information
available for known occurrences and potential suitable habitat for each Non-
Listed Covered Species. (EIR,'EIS, Table 4C). For certain Non-Listed
Covered Species, such as arroyo chub and San Bernardino flying squirrel, the
precise quantification of the impact is undetermined at this time due to lack
of existing available information regarding these species.
Features of the MSHCP that will reduce project impacts:
Features have been incorporated in the MSHCP to reduce impacts to Non-
Listed Covered Species to below a level of significance. (EIR/EIS, p. 4.1-
86.) These measures include assembly of an MSHCP Conservation Area
that incorporates substantial acreages of suitable habitat and known locations
in a configuration that provides live-in and linkage habitat for a number of
species. (Ibid.) The Criteria-based Reserve Assembly will occurinamanner
consistent with Rough Step policies and the Habitat Evaluation and
Acquisition Negotiation Process described in Section 6.1.1 of the MSHCP.
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In addition, the'MSHCP includes policies that will afford some additiona
protection to Non-Listed Covered Species occurring outside of the MSHCP
Conservation Area. (EIR/EIS, p. 4.1-86.) The narrow endemics plant
species policy and the additional survey needs policy, described in Section
6.1.3 and 6.3.2, respectively, of the .MSHCP, require surveys to be
conducted as part of the project review process for public and private
projects where suitable habitat is present. (Ibid.)
· Species detected during these surveys will be conserved in accordance with
the respective applicable policy. (EIR/EIS, p.' 4.1-87.) Information
gathered as a result of species surveys will serve to fill data gaps and inform
monitoring and management for a species. (Ibid.) The additional survey
requirements and information gathering efforts will be implemented until the
MSHCP Conservation Area is assembled in a manner that is consistent with
the conservation objectives for individual species. Wetland species occurring
outside of the MSHCP Conservation Area may also receive additional
protection as a result of implementation of the riparian, riverine, and vernal
pool policy described in Section 6.1.2 of the MSHCP. (Ibid.) As part 0fthis
policy, survey, mapping, and documentation of riparian, riverine, vernal pool
systems, and other areas that are identified as jurisdictional under Section
1600 et seq. of the California Fish and Game Code or Sections 401,402, Or
404 of the Federal Clean Water Act will occur. (Ibid.) These areas may
include playas and vernal pools, open water, meadows and marshes, riparian
scrub, woodlands and forests, and other habitat types, known to occur in the
MSHCP Plan Area.
For areas containing riparian, riverine, or vernal pool features that are located
outside of the MSHCP Conservation Area, avoidance and minimization
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measures, as ~equired as mitigation through the CEQA process or
State/federal regulatory processes, wilt be employed. The avoidance and
minimization measures will reduce impacts to wetland habitats supporting a
number of Non-Listed Covered Species, including 10 Plant species and 22
wildlife species. (Ibid.) The management and monitoring programs
incorporated in the MSHCP will be implemented to reduce to the extent
feasible any significant effects remaining after application of the minimiz/ng
measures incorporated in the MSHCP. (EIP,/EIS, p. 4.1-153.)
' Implementation of the Management and MonitoringPrograms outlined in the
MSCHP will mitigate all other potential impacts/consequences of the
MSHCP to a less than significant level. (Ibid.) With the combination of
impact-reduction features incorporated into the project itself, including
MSHCP Conservation Area configuration adaptive management and
monitoring, and species survey and avoidance/minimization policies, direct
and indirect impacts to Non-Listed Covered Species are less than significant
and no mitigation measures are required. (EllV,/EIS, p. 4.1-88.)
In the cumulative context, the MSHCP will benefit the Covered Species by
preserving their habitat in order to address their life cycle needs. Thus, based
on the features of the MSHCP itself, cumulative impacts to Covered Species
are less than significant and no mitigation measures are required. (EIRJEIS,
p. 5.1-6.)
Biological Resources (Cores and Linkages only)
1. Impacts:
The MSHCP Conservation Area comprises a variety of existing and
proposed cores, extensions of existing cores, linkages, cons;trained linkages,
and non-contiguous habitat blocks. (EIR/EIS, p. 4.1-95; see also EIRJEIS,
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Figure 4.1.3.) All of the cores and linkages depicted in Figure 4.1.3 of the
EIR/EIS will be incorporated in the MSHCP Conservation Area. (EIR/EIS,
p. 4.1-96.) The MSHCP provides for the movement of native resident and
migratory species and protects established wildlife corridors and genetic
flow. (Ibid.) The MSHCP also protects the use of native wildlife nurse[y
sites. (Ibid.) Likewise, the MSHCP will not cause adYerse cumulative
effects related to interference with the movement of any native resident or
migratory fish or wildlife species or obstruction of genetic flow for the
'identified Planning Species. (EIR/EIS, p. 5.1-7.) Part of the purpose and
goals of the MSHCP is to use regional planning efforts to assemble a
MSHCP Conservation Area that will preserve contiguous blocks of habitat
in large enough areas to ensure that the MSHCP Conservation Area will
allow movement of species and flow of genetic information. (Ibid.)
Therefore, direct, indirect and cumulative impacts related to cores and
linkages resulting from the MSHCP are less than significant. (EIP,/EIS, p.
4.1-99.)
Features of the MSHCP that will reduce project impacts:
Based on features of the MSHCP itself, impacts to cores and linkages are
less than significant and no mitigation measures are required.
Biological Resources (Edge Effects only)
1. Impacts:
Edge effects could occur to species and habitats within the MSHCP
Conservation Area if proposed land uses and activities in take authorized
areas occur in proximity to the MSHCP Conservation Area. (EIR/EIS, p.
4A-103.) It is assumed that edge effects resulting from construction
activities include dust, noise, and general human presence that may
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temporarily disrupt species and habitat vitality and construction-related soil
erosion and runofE (Ibid.) It is also assumed that edge effects resulting from
development or land use practices in proximity to the MSHCP Conservation
Area, includes long-term presence of unshielded noise-generating land uses
in proximity to the MSHCP Conservation Area; unshielded night-lighting
directed within the MSHCP Conservation Area; use of exotic landscape plant
materials that may invade native vegetation communities within the MSHCP
Conservation Area; discharge of uncontrolled or unfiltered urban runoff
'toward the MSHCP Conservation Area, including potential toxics; and
uncontrolled access, dumping or trespass within the MSHCP Conservation
Area. (Ibid.) For those cores and linkages with higher perimeter-to-area
ratios, edge effects will be considered to have a greater effect on Conserved
Habitat and Covered Species than for the larger cores and linkages
incorporated in the MSHCP Conservation Area. (EIR/EIS, p. 4.1-103; see
also EIR/EIS, Table 4E.)
Features of the MSHCP that will reduce project impacts:
A variety of features have been incorporated into the MSHCP that will
minimize edge effects. These include the following: Implementation of
standard Best Management Practices (Appendix C of the MSHCP);
Implementation of the Land Use Guidelines Pertaining to the
urban/Wildlands Interface (Section 61.4 of the MSHCP); and
Implementation of the siting, design, construction, operations, and
maintenance guidelines for Covered Activities within the Criteria Area and
Allowable Uses within the MSHCP Conservation Area (Section 7.0 of the
MSHCP). Therefore, based on features of the MSHCP itself, the MSHCP's
edge effects are less than significant and no mitigation measures are required.
(Ibid.)
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Agricultural Resources
1. Impacts:
The County determined that the MSHCP would have a significant effect if
it would result in the conversion of agricultural land to non agricultural use.
To thoroughly analyze the possibility of both direct and indirect impacts to
agriculture, three different categories of agriculture are identified: existing
utilized agricultural land, land zoned or designated under the Cities' existing
or the County's Draft General Plans and State Designated Farmland.
'(ElS/ElS, § 4.2.)
There are no significant impacts to existing actively used agricultural lands
because there is no conversion of Existing Agricultural Operations to non-
agricultural uses. Existing Agricultural Operations are considered a Covered
Activity and will not only be permitted to continue under the Plan, but will
also receive Take Authorization. Under the MSHC?, Existing Agricultural
Operations can continue indefinitely, even within the Criteria Area. Because
Existing Agricultural Operations are a Covered Activity under the MSHCP,
no direct or indirect impact would occur. Additionally, the MSHCP is not
a land use document and does not cause the conversion of any land.
Impacts to zoned or General Plan designated agricultural land are considered
insignificant because the MSHCP does not conflict with any zoning or
General Plan designations. The MSHCP is not a land use document and
does not establish any land use categories. The MSHCP expressly authorizes
the continuation of Existing Agricultural Operations.
The MSHCP does not result in the conversion of State Designated Farmland
to non-agricultural use. Of the 99,090 acres of State Designated Farmland
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in Western Riverside County, approximately 18,653 acres are in the Criteria
Area and up.to 10,4 t 9 acres of Designated Farmland, including 6,564 acres
of Designated Farmland that have already been incorporated into existing
reserves, may be conserved during Reserve Assembly. Additionally, the
MSHCP expressly allows the continuance of Existing Agricultural
Operations. To the extent that State Designated Farmland is not being
actively used for agricultural production, the MSHCP will not cause its
"conversion" to non-agricultural use.
The MSHCP allows the Take Authorization to apply to up tol 0,000 acres
of New Agricultural Land within the MSHCP Criteria Area and unlimited
new agricultural land outside the Criteria Area, this wilt more than offset any
impacts from Reserve Assembly. The MSHCP also provides a mechanism
for considering future increases to the New Agricultural Land Cap permitted
within the Criteria Area. Accordingly, no cumulatively significant impact to
agricultural resources will occur. (EIR/EIS, p. 5.1,8.) Based on features
incorporated into the MSHCP, direct, indirect or cumulative impacts to
agricultural land are insignificant.
Features of the MSHCP that wilt reduce project impacts:
Based on features of the MSHCP itself, impacts to agriculture are less than
significant and no mitigation measures are required.
Population Housing and Employment
1. Impacts:
The MSHCP includes 120,200 acres within the County and 14,800 acres
within the cities of Western Riverside County that are currently designated
for housing units. (EIILtEIS, p. 4.3-2.) It also includes 3,200 acres in the
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County and 2,900 acres within the cities of Western Riverside County that
are currently designated for employment use. Implementation of the MSHCP
will likely cause dwelling units and emPloyment facilities previously planned
for development within the Criteria Area to be shifted into areas that are not
to be conserved. (Ibid.)
Implementation of the MSHCP will not reduce or increase the amount of
development allowed pursuant to local land use controls. (EIR/EIS, p. 4.3-
'2.) The MSHCP does not authorize or contemplate any growth,
construction or development. '(Ibid.) Implementation of the MSHCP may
change the location of development and possibly site-specific density within
Western Riverside County. (Ibid.) To address this change to housing and
employment, the County and cities within Western Riverside County will
utilize a variety of planning techniques, including zoning overlays, general
plan amendments, zoning ordinance amendments, the clustering of
development, and density bonuses. (Ibid.)
The MSHCP, ~herefore, will not have a significant direct impact on
population, hbusing, and employment. (EIP, ZEIS, p. 4.3-3.) The MSHCP
will not displace substantial numbers of housing units or persons;
implementation will only restrict where future development could occur.
(Ibid.) Additionally, implementation of the MSHCP will not exacerbate the
jobs to housing imbalance within Western Riverside County and cities.
Implementation of the MSHCP will have the same effect on employment
facilities as housing units, which is merely to modify future locations and
densities of development. (Ibid.) Therefore, the MSHCP will not have a
significant impact on population, housing, and employmen!c. (Ibid.)
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Features of the MSHCP that will reduce project impacts:
Based on features of the MSHCP itself, impacts to Population Housing and
Employment are less than significant and no mitigation measures are
required. (EIR/EIS, p. 4.3-3.)
Public Services (Fire protection and Parks only)
1. Impacts:
The MSHCP wiI1 not directly result in additional development, nor will it
'involve the expansion of wildlands. Thus, the risk of wildland fires will not
increase, as the urban-wildland edge will not change.(EIR/EIS, p. 4.4-1.)
However, the MSHCP will accommodate growth in areas outside of the
MSHCP Conservation Area. Thus, indirect effects could occur as
development in the non-conserved regions approaches the edges of the
MSHCP Conservation Area. Adequate fire protection facilities will be
provided to accommodate the increased development at the time such
developmen/occurs. (Ibid.) Furthermore, as existing fire protection facilities
are located in public/quasi-public lands, and as additional fire protection
facilities are allowed to be constructed within MSHCP Conservation' Area,
the configuration of MSHCP Conservation Area will not limit fire protection
access in the MSHCP Plan Area. Thus, no existing or planned fire protection
facilities will require deletion or relocation as a result of the MSHCP.
(EIR/EIS, p. 4.4-2.) Setting aside areas for conservation within larger
natural areas will allow cities and the County to plan appropriate land uses
along the anticipated urban-wildland border. (Ibid.) This could indirectly
result in decreased risk of wildland fire damage by placing compatible land
uses and necessary buffer areas along the edges of the MSHCP Conservation
Area. (Ibid.) Additionally, the Project's cumulative impact on fire
protection will be beneficial because the establishment of the MSHCP
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Conservation A~rea will allow the RCA, County and the Cities to plan land
uses with the knowledge of where the likely wildland-urban boundaries will
be located, and to plan for fire-safe development. (EIR/EIS, p. 5.1-10.)
Accordingly, no adverse cumulative effects will occur. (Ibid.)
Additionally, no impact will occur to ex/sting park facilities or recreation.
Planned park facilities that are located within the MSHCP Conservation Area
will be subject to potential restrictions contained in the Reserve Criteria for
'the cell in which the park is located. (EIR/EIS, p. 4.4-3.) Recreational use
is considered to be a conditionally compatible use within the MSHCP
MSHCP Conservation Area. Five planned park facilities are proposed within
the MSHCP Conservation Area of the MSHCP. (Ibid.) All of these parks
are located near edges of the MSHCP Conservation Area, which will
facilitate public access. Thus, the MSHCP will not require the deletion or
relocation of planned parks. (Ibid.) The preservation of natural land will
also provide additional opportunities for recreation. (Ibid.) As recreational
use is included as a conditionally compatible use within the MSHCP
Conservation Area, the protected areas may result in higher-quality natural
areas for public enjoyment. (Ibid.) Thus, planned park facilities may be
supplemented by recreational opportunities available in the MSHCP
Conservation Area. (Ibid.) Likewise, no adverse direct or indirect
cumulative impacts will occur as a result of the MSHCP. (EIR/EIS, p. 5.1-
10.)
Features of the MSHCP that will reduce project impacts:
Based on features of the MSHCP itself, impacts to'Public Services are less
than significant and no mitigation measures are required.
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Transportation and Cireulation
l. Impacts:
There are several existing roadways within public/quasi-public lands,
including interstates, freeways, State highways, city- and County-maintained
roadways, as well as local roads, which are not city- or County-maintained,
that provide property access. (EIR/EIS, p. 4.5-1 - 4.5-2.) This latter
category of roadways is generally maintained by the adjacent property
owners, either individually or collectively. (ibid.) Necessary operation and
'maintenance activities conducted for safety purposes will be permitted within
public/quasi-public lands. Therefore, there will be no significant impacts on
existing roadways and emergency access within public/quasi public lands
under theMSHCP. (Ibid.)
Some of the existing County/City-maintained unpaved roads may be paved
within the existing roadbed as future traffic, safety and/or environmental
conditions warrant (EIR/EIS, p. 4.5-2.) Safety improvements to other
publicly maintained existing roadways within public/quasi-public lands are
Covered Activities under the MSHCP. (Ibid.) Therefore, there will be no
significant impact on existing roadways and emergency access within
public/quasi public lands for roadways owned by the County. (Ibid.)
Maintenance activities on roadways maintained by others are also provided
limited coverage, subject to the submittal of an application for Certificate of
Inclusion. (Ibid.) Therefore, there will be no significant impact on existing
roadways and emergency access within public/quasi public lands for privately
owned roadways. (Ibid.)
Planned roadways are proposed within the County and Cities to facilitate
planned growth. Planned roadways identified in Section 7.3.5 of the
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MSHCP are Covered Activities within the Criteria Area. Roadways other
than those identified in Section 7.3.5 of the MSHCP are not covered without
an amendment of the MSHCP. The MSHCP includes design and sitting
guidelines for planned roadways. The implementation of these guidelines will
ensure that planned roadways are designed and constructed in a manner
consistent with the objectives of the MSHCP, while providing for the
efficient passage of persons and goods through Western Riverside County,
the alleviation of traffic congestion, the maintenance of' level of service
· standards, and continuation of adequate emergency access/evacuation routes.
Since the oPeration, maintenance and construction of existing and planned
roadways are covered activities within the MSHCP Conservation Area,
potential transportation-related impacts resulting from implementation of the
MSHCP will be less than significant.
Further, since the MSHCP does not authorize or contemplate any physical
development, it will not have significant cumulative direct impacts on
transportation because it will not decrease the level of service or increase
traffic on any roadway. (EIR/EIS, p. 5.1-10.) Additionally, although the
MSHCP accOrranodates development in accordance with regional growth
projections, it will not result in any cumulatively significant indirect decrease
in the level of service or increase in traffic on any roadway. (Ibid.)
Therefore, cumulative impacts related to transportation issues will be less
than significant. (Ibid.)
Features of the MSHCP that will reduce project impacts:
Based on features of the MSHCP itself, impacts to Transportation and
Circulation are less than significant and no mitigation measures are required.
(E~R/EIS, p. 4.5-5.)
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BE IT FURTHER RESOLVED by the Board of Supervisors that the following impacts
potentially resulting from the adoption of the MSHCP will be only partially avoided or lessened by
Project design features and a statement of overriding findings is therefore included herein:
Biological (Native Grasslands Vegetation Communities)
1. Impacts:
The Project could reduce grassland (including native and non-native
grassland) by up to 72 percent. Species-specific analyses for grassland
'species and raptors, for which it is important to maintain grassland, are
presented in the individual species accounts. (EIR/EIS, pp. 4.1-14, 6.1-3.)
The species accounts conclude features incorporated in the MSHCP
including habitat Conservation, MSHC? Conservation Area configuration,
achievement of species-specific objectives and implementation of monitoring
and management measures that will achieve the overall MSHCP biological
goal for each grassland Covered Species which is: "In the MSHCP Plan
Area, Conserve Covered Species and their Habitats." (Response G-16.)
However, as the vegetation coverage does not d, istinguish between native and
non-native grassland, impacts to sensitive native grassland cannot be
quantified independently, and significant impacts to this vegetation
community have been determined to be significant. (EIRFEIS, p. 6.1-3.)
Features of the MSHCP that will reduce project impacts:
No feasible mitigation exists for this impact that would substantially lessen
Project impacts. (EIR/EIS, p. 6.1~3.)
Biological (Non Covered Species)
1. Impacts:
Through the MSHCP process, a total 'of 255 species were identified as
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having the potefitial to exist within the MSHCP Plan Area. (EIPdEIS, p. 4.1-
88.) The list of 255 species encompasses all species for which adequate
information is available to conduct an impact analysis under CEQA and
NEPA. (Ibid.) Analysis of species other than the 255 identified will involve
speculation that is not required by CEQA or NEPA. Of these 255 species,
the MSHCP does not include 109 of these species as Covered Species.
(EI1UEIS, Table 4D [discusses the species not covered under the MSHCP
and provides a brief explanation for each species].) While it is assumed that
'the Conservation provided under the MSHCP could potentially benefit Non-
Covered Species that occur within the MSHCP Conservation Area, it is not
possible to quantify the level of Conservation because of the lack of
information available for these species or because the species are not known
to occur within the MSHCP Plan Area. (Ibid.) However, the MSHCP
contains several features that will contribute to the conservation of Non
Covered Species, including the maintenance of cores and linkages and impact
avoidance and minimization policies. In addition, mitigation of adverse
effects offered through the Adaptive Management and Monitoring Programs
will provide overall benefits to habitats that could result in a certain level of
conservation for Non Covered Species. (Ibid:) However, even with the
benefits offered by the MSHCP, impacts, including impacts resulting from
Covered Activities, have been determined to be potentially significant.
(EIRfEIS, p. 4.1-89)
Features of the MSHCP that will reduce project impacts:
No feasible mitigation exists for this impact that would substantially lessen
Project impacts. (EIR/EIS, pp. 4.1-89, 6.1-3.)
Biological (Edge Effects Cumulative)
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Impacts:
The MSHCP could cause adverse significant cumulative effects associate(
with the introduction of land uses immediately adjacent to the MSHCP
Conservation Area. (Ell>,ZEIS, p. 5.1-7.)CumulativeeffectsassociatedwitI
the proposed Take Authorization will involve direct loss of habitat and
species associated with ground disturbance. (Ibid.) Cumulative indirect
effects could occur to species and habitats within the MSHCP Conservation
Area associated with proposed land uses and activities in proximity to the
-MSHCP Conservation Area. (Ibid.) Cumulative significant indirect impacts
associated with edge effects and increased development pressure outside the
MSHCP Conservation Area and other MSHCPs or HCPs proposed in areas
adjacent to Western Riverside County are considered cumulatively
significant. (EIP, fEIS, p. 5.1-8.)
Features of the MSHCP that will reduce project impacts:
No feasible mitigation exists for this impact that would substantially lessen
Project impacts.
Extractive Resources (Mineral Resources)
1. Impacts:
Implementation of the MSHCP will not result in development or mineral
extraction. (EIR/EIS, p. 4.2-19.) Thus, no land-use incompatibilities will
occur. The MSHCP could accommodate growth and development as well
as natural resource conservation throughout the MSHCP Plan Area, and will
further the goals of the general plans and community plans of the
jurisdictions participating in the MSHCP. Thus, no significant impacts will
occur. (Ibid.)
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Implementation'of the MSHCP could result in up to 4,300 acres of land with
known potential to be used for mineral extraction being set aside for
conservation. (EIRFEIS, p. 4.2-16.) This represents approximately 22
percent of such lands within the MSHCP Plan Area. Areas set aside for
conservation will not be available for mineral extraction use. As 10, 900
acres (2.5 times the number of acres currently used in mineral resource
extraction) of land designated as Mineral Resource Zone 2 will remain
available for use, the MSHCP will not result in a significant loss of a
· regionally valuable resource. (Ibid.) The existing extraction sites are also
locally important resources, and will not be affected under the MSHCP.
(EIR/EIS, p. 4.2-18.) The sites currently in use will not be restricted in any
way. The potential for establishment of additional mineral extraction sites in
the future may, however, be restricted in some areas. By applying the
estimated growth rate of 68 percent (from the Riverside County General Plan
build out land use designations) to each area, and comparing the acres
needed for growth to the acres of IV[RZ-2 available after project
implementation, potential impacts to local resources were determined (for
cities with land classified as MRZ-2). (Ibid.) There will be sufficient
available acres of/VlRZ-2 land to accommodate anticipated future growth in
mineral extraction throughout the MSHCP Plan Area because the amount of
MRZ-2 land available is greater that the anticipated regional growth rate,
with the exception of the City of Lake Elsinore. Mineral extraction growth
within Lake Elsinore will be restricted to 55 percent, which is less than the
anticipated regional growth rate of 68 percent. (EIR/EIS, Table 4Z.)
Accordingly, impacts to locally important resources will be restricted to the
City of Lake Elsinore. Impacts pertaining to conflicts and land-use
incompatibilities will be less than significant. (EIR/EIS, p.. 4.2-20.)
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In the cumulati:~e context, the loss of any portion of such an MRZ, when
taken with similar losses that may result from the implementation of other
projects (such as from assembling the existing reserves) represents a
cumulatively significant and unavoidable impact. (EIK/EIS, p. 5.1-8) The
MSHCP will not have any other significant direct or indirect cumulative
impacts on mineral resources, because implementation of the MSHCP will
not result in the loss of a locally important mineral resource recovery site, as
delineated on a General Plan or other land use plan. (Ibid.)
Features of the MSHCP that will reduce project impacts:
No feasible mitigation exists for this impact that would substantially lessen
Project impacts. (EIR/EIS, p. 4.2-20)
Housing Population, and Employment (Indirect and Cumulative Impacts only)
1. Impacts:
Although the MSHCP itself does not provide any housing, employment or
development, the MSHCP will remove impediments to growth and
development within the MSHCP Plan Area outside the MSHCP
Conservation Area. Therefore, out of an abundance of caution, the MSHCP
is deemed to have significant indirect impacts on Population, Housing, and
Employment. Likewise, the MSHCP may have significant cumulative
impacts on Population, Housing, and Employment. (EIR/EIS, p. 5.1-9.)
Features of the MSHCP that will reduce project impacts:
No feasible mitigation exists for this impact that would substantially lessen
Project impacts.
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BE IT FURTHER RESOLVED by the Board o. fSupervisors that, pursuant to State CEQP~
· Guidelines (Section 15126.2 subd. (d)), the ELK/EIS discussed how the MSHCP could directly or
indirectly lead to economic, population, or housing growth.
Growth Inducing Impacts
The MSHCP will not directly generate residential, commercial, or industrial
development or induce population growth within the MSHCP Plan Area. (EIR/EI S,
P- 6-1-5:) The MSHCP may, however, remove existing impediments to growth
becaus/~ it will authorize Take of listed species in accordance with the terms of the
MSHCP and the IA. (EIS/EIS, p. 4.3-3.) The intent of the MSHCP is for the
Wildlife Agencies to grant Take Authorization to local jurisdiction for otherwise
lawful actions such as development that may Take Covered Species outside of the
MSHCP Conservation Area, in exchange for each jurisdiction's support for the
assembly ora coordinated MSHCP Conservation Area. (EIRJEIS, p. 6.1-5.) Thus,
the MSHCP will remove existing impediments to growth outside the MSHCP
Conservation Area but within the MSHCP Plan Area. As a result, the MSHCP could
redistribute growth in the region, as development demand may occur in areas where
it is not currently anticipated. (Ibid.) Accordingly, the MSHCP may indirectly
induce growth. (EIS/EIS, p. 4.3-3.) Although implementation of the MSHCP will
not cause growth in Western Riverside County to exceed regional growth
projections, out of an abundance of caution, the Project's indirect growth-inducing
impacts are deemed to be significant. No feasible mitigation exists for this impact
that would substantially lessen Project impacts. (EIR/EIS, p. 4.2-20.)
BE IT FURTHER RESOLVED by the Board of Supervisors that it has considered and
rejected as infeasible the alternatives identified in the ELK and described below. CEQA requires that
an EIR evaluate a reasonable range of alternatives to a project, or to the location of the project,
which: (1) offer substantial environmental advantages over the project proposal, and (2) may be
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feasibly accomplished in a successful manner within a reasonable period of time considering the
economic, environmental, social and technological factors involved. An ELK must only evaluate
reasonable alternatives to a project which could feasibly attain most of the project objectives, and
evaluate the comparative merits of the alternatives. In all cases, the consideration of alternatives is
to' be judged against a "rule of reason." The lead agency is not required to choose an alternative
identified in an ELK if the alternative (1) does not substantially reduce significant environmental
impacts; or (2) does not meet project objectives; or (3) there are social, economic, technological or
other considerations which make the alternative infeasible.
The ELK/EIS identified the County's objectives for the Project, which are:
To assemble a criteria based conservation area that will assist in the
conservation of Covered Species while allowing flexibility in the assembly
and location of the MSHCP Conservation Area. (ELK/EIS, p. 1.2-4.)
~o the maximum extent possible, streamline development authorizations
under the FESA and CESA (EIRAEIS, p. 1.2-4.)
Through regional habitat planning, conserve habitat in functional blocks,
rather than on a piecemeal ad hoc basis.(EIRfEIS, p. 1.2-4.)
Provide Take Authorization for the transportation, infrastructure, housing
and employment base needed to accommodate projected growth in Western
1Liverside County. (EIR/EIS, p. 1.2-4.)
Coordinate and maximize the value of expenditures of limited public and
private funds in such a manner that assures assembly and maintenance of a
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MSHCP Consen~ation Area that conserves the Covered Species pursuant to
state and federal law. (EIR/EIS, p. 1.2-4.)
Develop a fee-based funding plan that will generate sufficient revenue to
contribute to the MSHCP Conservation Area's funding needs. CEIR/EIS, p.
1.2-4.)
To the maximum extent practicable, eliminate surprises by providing
certainty to Permittees and Third Parties that the Take Authorizations will
cover additional species that may be listed while the Permits are in eff'ect.
(EIR/EIS, p. 1.2-4.)
To the extent legally possible, provide assurances that private parties will not
be required to mitigate biological i.mpacts except as specified in the MSHCP.
(EhK/EIS, p. 1.2-4.)
Expand the conservation value of existing public and quasi-public resources
for the benefit of Covered Species. (EI1VEIS, p. t.2-4.)
10.
Comply with all federal and constitutional requirements. (EIR/EIS, p. 1.2-
5.)
Listed, Proposed, and Strong Candidate Species Alternative
1. Description
This alternative only addresses the 39 listed, proposed, and strong candidate
species in Western Riverside County. Under this alternative, a total of
approximately 465,860 acres would be conserved, including approximately
346,530 acres within existing reserves and approximately 119,300 acres of
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currently private land outside existing reserves. (EiR/EIS, p. ES-5; Table
ES-A.)
Finding
This alternative fails to meet basic project objectives, would not substantially
reduce significant environmental impacts and would result in increased
impacts.
' Supporting Explanation
This alternative does not meet project objectives. Because it covers only 39
species, this alternative doe~ not provide the maximum possible certainty that
the Take Authorization will cover additional species that may be listed while
the permits are in effect. Likewise, because this alternative covers only 39
species instead of 146, it does not provide assurances that, to the maximum
extent legally possible, private parties will not be required to further mitigate
impacts under FESA and CESA. Further, this alternative fails to conserve
habitat in functional blocks because it does not incorporate several cores and
linkages that are necessary to create a criteria based reserve. (EIR/EIS, p.
4.1-114.)
Moreover, this alternative does not include any additional features or
mitigation that would reduce the Project's significant and unavoidable
impacts. (EIR/EIS, Table ES-B~) This alternative will also have a significant
and unavoidable impact on Biology, Mineral Resources, and Population
Housing and Employment. (EIR/EIS, Table ES-B) The failure of this
alternative to conserve certain cores and linkages will actually cause a greater
impact to the environment than the Project. Failure to incorporate necessary
cores and linkages would have significant effects with respect to the
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conservation of'certain species and would impede the overall function of the
MSHCP. (EIR/EIS, p. 4.1-114.) The exclusion of the Cactus Valley
(Proposed Core 4) from the MSHCP Conservation Area would adversely
affect the function of the MSHCP Conservation Area by not providing a
connection from Diamond Valley Lake/Lake Skinner to National Forest
lands to the east. Absence of this linkage would isolate the existing multi-
species reserve from conserved lands to the east. Thus, by isolating existing
resources instead of linking them, this alternative also fails to expand the
'conservation value of existing public and. quasi-public resources.
Additionally, Take authorized in th/s area would adversely affect planning for
species identified for this Core, such as the Quino checkerspot butterfly.
(EIRJEIS, pp, 4.1-114 - 4.1-115.) The reduction in cores and linkages also
results in this alternative having significant and unavoidable edge effects
greater than the Project. EIR/EIS, p. 4.1-116.)
Further, this alternative increases impacts by reducing the conservation of
suitable habitat and species localities at Temescal Wash, Vail Lake, Temecula
Creek, Wilson Creek, Anza Valley, Badlands and Reche Canyon. (EIS/EIS,
p. 4. I - 107.) The impacts of this alternative would generally be much greater
in magnitude compared to the Project because of the reduction in conserved
habitat. (EIR/EIS, p. 4.1-106.)
Therefore, the County finds that the Listed, Proposed, and Strong Candidate
Species Alternative does not substantially reduce environmental impacts,
results in increased impacts and fails to meet project objectives and therefore
rejects it.(EIR/EIS, p. 2.2-1.)
Listed and Proposed Species Alternative
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Description
This alternative only addresses the 32 listed and proposed candidate species.
Under this alternative, a total of approximately 440,370 acres would be
conserved, including approximately 346,530 acres within existing reserves
and approximately 93,840 acres of currently private land outside existing
reserves. (EIR/EIS, p. ES-5; Table ES-A.)
Finding
This alternative fails to meet basic project objectives, would not substantially
reduce significant environmental impacts and would result in increased
impacts.
Supporting Explanation
This alternative places less emphasis on broad-based ecosystem conservation,
conserves less habitat and fewer species than the Project. (EIR/EIS, pp. ES-
5; 6.1-6.) Because it covers only 32 species, this alternative does not provide
the maximum possible certainty that the Take Authorization will cover
additional species that may be listed while the permits are in effect.
Likewise, this alternative does not provide assurances that, to the maximum
extent legally possible, private parties will not be required to mitigate impacts
under FESA and CESA except as required in the Plan.
This alternative fails to meet project objectives because it does not conserve
habitat in functional blocks. A reduced level of conservation of suitable
habitat and species localities at Ternescal Wash, Vail Lake, Temecula Creek,
Wilson Creek, Anza Valley, Badlands and Reche Canyon is anticipated under
this alternative when compared to the Project. (EIRJEIS,.p. 4.1-124.) It
would not provide large habitat blocks in the Badlands for foraging raptors
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or mammals to connect to the National Forest lands. (EtR/EIS, p. 4.1-128.)
This alternative will not reduce any significant impacts of the Project to
below a level of significance. (EIR/EIS, Table ES-B) In fact, this
alternative will have a greater significant and unavoidable impact on Biology,
Mineral Resources, and Population Housing and Employment than the
Project. (EIR/EIS, Table ES-B) Impacts to Non-Listed Covered Species
would be much greater in magnitude when compared to the Project because
'this alternative conserves significantly less habitat'. (EIR/EIS, p. 4.1-122.)
Additionally, all of the proposed cores and linkages and extensions of
existing cores and linkages would be absent from this alternative. Existing
cores would romain isolated and the reduction in cores and linkages would
also result in this alternative having significant and unavoidable edge effects.
(EIR/EIS, p. 4.1-129.) Moreover, the option to connect these areas in
future may be compromised if development occurs within the cores and
linkages. Therefore, the County finds that theListed and Proposed Species
Alternative results in increased impacts, fails to meet project objectives and
therefore rejects it.(EIK/EIS, p. 2.2-1.)
Existing Reserves Alternative
h Description
Under this alternative, conservation activities would be focused on existing
reserves only. The federal and State permit authorizing Take would only
apply to species adequately conserved on existing reserves. (EIP, JEIS, p.
ES-5; Table ES-A.)
2. Finding
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This alternative fails to meet basi~ project objectives, would not substantially
reduce significant environmental impacts and would result in increased
impacts.
Supporting Explanation
This alternative conserves far less habitat and fewer species than the Project.
Habitat would be conserved on an ad hoc basis - if at all - rather than in
fanctional blocks. This alternative fails to expand the value of existing public
'and quasi-public resources and fails to eliminate surprises to the maximum
extent possible. This alternative does not provide a strearnlined approach to
development; instead, impacts resulting from development activities would
continue to be subject to a variety of local, state and federal regulatory
processes. (EIRJEIS, p. 4.3-6.)Norwould this alternative include mitigation
for future development or a funding plan that would finance the management
of the existing reserves.
Under this alternative, fewer species and less habitat will be conserved
because the federal and State permit authorizing Take will only apply to
species adequately conserved on existing reserves. (EIR/EIS, p. ES-5.) Of
the 32 species currently listed or proposed for listing, only two bird species,
the peregrine falcon (Falco peregrinus) and western yellow-billed cuckoo
(Coccyzus araericanus occidentalis), would be "protected" under this
alternative. Only one mammal species, Stephens' kangaroo rat (Dipodomys
stephensi), would be conserved based on the existing HCP; however,
protection would not be expanded to populations outside the existing HCP
area. Additionally, two amphibian species, mountain yellow-legged frog
( Rana muscosa) and California red-legged frog (Rana aurora draytonii), and
one plant species, San Diego button-celery (Eryngium aristulatum var.
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parJshii), could' be considered to be protected based on conservation on
Santa Rosa Plateau and on United States Forestry Service lands. The
remaining 26 listed and proposed species would not be considered protected
under this alternative. (EIR/EIS, p. ES-5; Table ES-A.)
Under the Existing Reserves Alternative, land will be conserved on a project-
by-project basis, and there will be no coordinated system for management or
MSHCP Conservation Area configuration. Conservation of species and
'habitats provided through mitigation and compensation under the existing
regulatory framework will likely result in a pattern of conservation that is
fragmented, and managed in a piecemeal fashion.
Under the Existing Reserves Alternative, there will not be a coordinated
system of linkages provided to connect conservation areas. This will cause
the isolation of existing cores and result in increased edge effects. (EIP, dF_,IS,
p. 4.1-136.) Edge effects will be exacerbated because of the loss of cores
and linkages and increased human interaction with wildlife. (EIR/EIS, p.
4.1-137.) The ability to provide linkages through project-by-project
mitigation may be precluded over time through continued development which
would result in the isolation of existing resen, es.
This alternative will also have greater impacts than the Project and
significant and unavoidable impacts on Sensitive Natural Vegetation
Communities, Listed Covered Species, Non-Listed Covered Species, Non-
Covered Species, Cores and Linkages, the relationship to adopted or
approved HCPs and NCCPs and Edge Effects. (EI1VEIS, Table ES-B.)
Additionally, significant impacts to adopted and approved I-ICPs and NCCPs
are anticipated under this alternative, due to the failure to maintain critical
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linkage components present in other adopted HCPs and NCCPs. (EIR/EIS,
p. 4.1-136.)
Under the Existing Reserves Alternative, new species will continue to be
listed in the future, and regulation of those species and their habitats will be
applied under the current regulatory processes; however, historical data
demonstrates that application of current regulations and policies will not
avoid the decline of species in the MSHCP Plan Area nor will these policies
'meet the project objective of conserving species or eliminating surprises and
providing certainty to Permittees. Moreover, this alternative was not
designated Environmentally Superior to the MSHCP. (EII~dEIS, p. 6.1-6.)
Therefore, the County finds that the Listed and Proposed Species Alternative
results in increased impacts, fails to meet project objectives and therefore
rejects it.(EIR/EIS, p. 2.2-1.)
No Project Alternative
h Description
With the No Project Alternative, land use changes and policies that are being
contemplated to implement the MSHCP will not occur. However, planning
currently being conducted under the Riverside County Integrated Project for
the General Plan and Countywide circulation element could still be adopted.
Implementation of the various elements of those plans resulting in Take of
listed species and regulated habitats will need to be permitted separately
under the applicable State and federal processes. (EII>,JEIS, p. ES-6.)
2. Finding
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This alternative falls to meet p.roject objectives, would not substantially
reduce significant environmental impacts and would result in increased
impacts.
Supporting Explanation
Under this alternative, the objectives of the Project would not be met. Under
the No Project Alternative the MSHCP would not be approved or
implemented. Therefore, there would be no process in place to provide Take
'Authorization or mitigation lands for the transportation~ infrastructure,
housing and employment b.ase needed to accommodate projected growth in
Western Riverside County. A criteria-based reserve that would assist in the
conservation of Covered Species would not be assembled. This alternative
will not facilitate growth in Western Riverside County. (EIRJEIS, p. 4.2-20.)
This alternative does not provide a streamlined approach to development;
instead, impacts resulting from development activities would continue to be
subject to a variety of local, state and federal regulatory processes.
(EIR/EIS, p. 4.3-6.) Habitat would be conserved on an ad hoc basis - if at
all ~ rather than in functional blocks. There would be no fee based funding
plan that would generate funds necessary to support conservation and the
value of existing public and quasi-public resources would not be expanded.
This alternative was not designated Environmentally Superior to the
MSHCP. (EIR/EIS, p. 6.1-6.)
Private parties will be required to mitigate biological impacts on a project -
by- project basis resulting in inconsistent conservation. Conservation of
species and habitats provided through mitigation and compensation und.er the
existing regulatory framework will likely result in a pattern of conservation
that is fragmented, and managed in a piecemeal fashion. (EIR/EIS, p. ES-
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6.) Under the No Project Alternative, activities involving the Take of State
and/or federally listed species will require individual permitting on a project-
by-project basis. The No Project Alternative wilt not provide Take
Authorization to Existing Agricultural Operations. (EIR/EIS, p, ES-6.)
This alternative will have a significant and unavoidable impact on Sensitive
Natural Vegetation Communities, Listed Covered Species, Non-Listed
Covered Species, Non-Covered Species, Cores and Linkages, and the
'relationship to adopted or approved HCPs and NCCPs. (E1R/EIS, Table
ES-B.)
Under the No Project Alternative, there will not be a coordinated system of
linkages provided to connect conservation areas, and the ability to provide
linkages through project-by-project mitigation may be precluded over time
through continued development. (EIRJEIS, p. ES-6.) Edge effects would
be exacerbated because of the loss' of cores and linkages and increased
human interaction with wildlife. The ability to provide linkages through
project-by-project mitigation may be precluded Over time through cominued
development. Additionally, significant impacts to adopted and approved
HCPs and NCCPs are anticipated under this alternative, due to the failure to
maintain critical linkage components present in other adopted HCPs and
NCCPs. Therefore, the County finds that the Listed and Proposed Species
AIternative results in increased impacts, fails to' meet project objectives and
therefore rejects it. (EIPdEIS, p. 2.2-1.)
Narrow Endemic Plant Species Alternative
1. Description
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This alternative would focus on the conservation of narrow endemic plant
species.
Finding
This alternative fails to meet project objectives and would not substantially
lessen project impacts.
SBpporting Explanation
'The Narrow Endemic Plant Species Alternative conflicts with Project
Objectives. Because this alternative covers only 22 species, it does not
provide the maximum possible certainty that the Take Authorization will
cover additional species that may be listed while the Permits are in effect.
Also, the Narrow Endemic Plant Species Alternative will not streamline
development authorization under FESA and CESA to the maximum extent
practicable. Likewise, the Narrow Endemic Plant Species Alternative would
not provide assurances that, to the extent legally possible, private parties will
not be required to mitigate impacts under FESA and CESA except as
required in the Plan. (EIR/EIS, p. 2.8-2.) The Narrow Endemic'Plant
Species Alternative is also infeasible due to economic considerations since
it will not be able to develop a fee based funding plan that would support the
conservation area.
This alternative would not reduce or avoid any of the Project's significant
environmental impacts. Thus, the Narrow Endemic Species Alternative was
screened out from further consideration as an alternative to the Plan.
However, elements from this alternative protecting endemic species were
incorporated into the Project, as proposed, as additional survey requirements.
By incorporating these features, the Project takes advantage of the species
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benefits that would have been provided by the Narrow Endemic Species
Alternative.- Therefore, the County finds that the Narrow Endemic Plan'
Species Alternative is infeasible and fails to meet project objectives and
therefore rejects it. (EIR/EIS, p. 2,2-1.)
Modified Reserve Configuration Alternative
1. Description
This alternative seeks to conserve up to 146 species and 218,600 acres of
'habitat on private lands within the MSHCP Planning Area. The number of
species to be conserved remains the same as the Project: 32 listed and
proposed species, and 115 sensitive species.
Finding
This alternative fails to meet project objectives, does not substantially reduce
project impacts and is infeasible.
Supporting Explanation
The Project as proposed is preferable to the Modified Reserve Configuration
Alternative, because this alternative is infeasible, conflicts with Project
objectives, and would not avoid or substantially lessen the Project's
significant environmental impacts. The Modified Reserve Configuration
Alternative conflicts w/th Project Objectives. Under the Modified Reserve
Configuration Alternative, the number of species to be conserved remains the
same and the~ percentage of Take is very similar but the amount of
developable land is reduced. (See Appendix B, pp. B-5, B-7.)
Because the Modified Reserve Configuration Alternative would conserve the
same number of species as the Project but requires the purchase of an
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additional 65,400 acres of private lands, it is economically infeasible and it
conflicts with the Project Objective requiring that the preferred alternative
include a fee-based funding program that will generate sufficient revenue to
contribute to the reserve's funding needs. This alternative also conflicts with
the MSHCP's function to streamline the permitting process while
accommodating growth by requiring the Conservation of significantly more
private land (218,000 acres) than the Proposed MSHCP (153,000 acres).
This results in the Conservation of an additional 65,000 acres, more than
'40% more than the MSHCP. Using these additional lands for Conservation
could represent the loss of up to 227,500 low-density residential units. (See
Appendix B, p. B-9.) Additionally, the Modified Reserve Configuration
Alternative would be infeasible because of cost. It would take at least a 40%
increase in cost to operate and manage the Modified Reserve Configuration
Alternative; yet, this alternative reduces the amount of land that is subject to
the Local Development Fee by 65,000. Thus, the Conservation of these
additional acres would directly affect the availability of local funds to finance
the MSHCP and conflicts with the objective requiring that the preferred
alternative include a fee-based funding program that will generate sufficient
revenue to contribute to the reserve's funding needs.
Additionally, the MSdified Reserve Configuration Alternative would conflict
with project objectives because it would not be economically efficient, and
it would not limit the expenditure of public and private funds to the amount
necessary to maintain a viable reserve. Based on these considerations, the
Modified Reserve Configuration Alternative was screened out from further
considerationasanalternativetotheproposedProject. (ELR/EIS, p. 2.8-4.)
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BE IT FURTHER RESOLVED by the Board of Supervisors that it has balanced the
benefits of the MSHCP against the unavoidable adverse environmental effects thereof, and has
determined that the following benefits outweigh and render acceptable those environmental effects:
Because the County is one of the largest and fastest growing counties in the United
States, the Project is necessary to address local environmental, transportation and
land use needs with the goal of anticipating and shaping the pattern of growth within
the County to maintain and enhance the quality of life for its residents.
B
The Project addresses the potential impacts of urban growth, natural habitat loss and
species endangerment, and creates a plan to reduce the potential loss of Covered
Species and their habitats due to the direct and indirect impacts of future
development on both private and public lands within the MSHCP Plan Area.
The Project provides the County and the Cities with the ability to control local land
use decisions and maintain economic development flexibility while providing a
coordinated MSHCP Conservation Area and implementation program that will
facilitate the preservation of biological diversity, as well as enhancing the region's
quality of life.
The Project will provide for the assembly of an approximately 500,000 acre criteria-
based MSHCP Conservation Area that will support the habitat and life history
requirements of Up to 146 Covered Species, while allowing flexibility in the assembly
and location of the MSHCP Conservation Area. (EIR/EIS, p. ES-4.)
RVPUB\MKS\65Z370
The Project will maintain long-term environmental productivity through the assembly
and management of a biologically-sound MSHCP Conservation Area. (EIR/EIS, p.
6.1-7.)
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The Project wilt facili{ate the development of necessary infrastructure, future
development and improve future economic development in the County by providing
an efficient streamlined regulatory process though which development can proceed
and by providing local jurisdictions with Take. (EIRJEIS, p. ES-4, 6.1-5.)
The Project will provide a coordinated and comprehensive framework for the
assembly of contiguous parcels of habitat that will provide functional habitat blocks
to a~sist in the conservation of species while expanding the conservation value of
existing reserves through the conservation of cores and linkages. (EIR/EIS, p. 2. i -
1.)
The Project establishes conditions under which the Permittees will receive from the
USFWS and the CDFG certain long-term Take Authorizations and other assurances
that will allow the taking of Covered Species incidental to the development of
transportation, infrastructure, housing and employment needed to accommodate
projected growth in Western Riverside County and other laWfUl uses authorized by
the Permittees.
For the benefit of Public and private property owners and other project proponents
within the MSHCP boundaries, the Project will transfer Take Authorization received
from the Wildlife Agencies through the land use entitlement process, issuance of
Certificate of Inclusion or other appropriate mechanism to the Permittees.
The Project will provide for permanent open space, community edges, and
recreational opportunities, which contribute to maintaining the community character
of Western Riverside County. (EIPJEIS, p. ES-4, 6.1-8.)
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The MSHCP will give the County and the Cities the ability to control local land use
decisions and maintain economic development flexibilky while providing a
coordinated MSHCP Conservation Area and implementation program that will
facilitate the preservation of biological diversity, as well as enhancing the region's
quality of life.
Urban quality and design of the built environment would be permanently changed to
reflect abetter quality of life, including permanent open space, community edges, and
recreational opportunities.
BE IT FURTHER RESOLVED by the Board of Supervisors that it has reviewed and
considered the EIR/EIS, and all other applicable documents in the record, in evaluating the Project,
that the EIR/EIS is an accurate and objective statement that complies with the California
EnVironmental Quality Act and reflects the County's independent judgment, and that the EIR/EIS
is incorporated herein by this reference.
BE IT FURTHER RESOLVED by the Board of Supervisors the documents and other
materials that constitute the record of proceedings/administrative record for the County's approval
of the Project are located at 4080 Lemon Street, Riverside, and the custodian of these records is the
Clerk of the Board of Supervisors.
BE IT FURTHER RESOLVED by the Board of Supervisors that it hereby CERTIFIES
the EIR/EIS, adopts the MSHCP and authorizes the Chair of the Board of Supervisors to enter into
the Implementing Agreement.
BE IT FURTHER RESOLVED by the Board of Supervisors that staff shall file a Notice
of Determination with the County of R/verside within five (5) working days of final Project approval.
RVPUB\MK$'% 652370 63
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Adopted by the Board of Supervisors of the CouniY of Riverside this 17th day of June, 2003.
ROLL CALL
Aye s:
Noes:
Absent:
Buster, Tavaglione, Venable, Wilson and Ashley
None
None
The foregoing is..z:e-/~{ed to be a true 9~of a
~]'~.aoo{ea bv smd 8oacfo{ ~uper-
'~'r~Ln m~ate merem set ~orlh/
QOe~
~VPUB\MKS\ 652370
64
¢l,n Io3 t5,%
ATTACHMENT NO. 2.
Council Reso(ution
(approving the Western Riverside MSHCP/NCCP and JPA creating the Regional
Conservation Authority)
RSBROWNS\R C I PXMSHCP\council report 12-16-03 attach headers.doc
EXHIBIT 2
RESOLUTION NO. 03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION
PLAN AND JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY
IMPLEMENTING THE PLAN
WHEREAS, the Western Riverside County Multiple Species Habitat Conservation Plan (the
"MSHCP" or "Project") is a multi-jurisdictional habitat conservation plan focusing on the conservation
of both sensitive species and their associated habitats to address biological and ecological diversity
and conservation needs in Westem Riverside County, setting aside significant areas of undisturbed
land for the conservation of sensitive habitat while preserving open space and recreational
opportunities; and
WHEREAS, the MSHCP boundaries ("MSHCP Plan Area") encompass approximately 1,966
square miles, consisting of approximately 1.26 million acres and include approximately 843,500
acres of unincorporated Western Riverside County land west of the crest of the San Jacinto
Mountains and extending to the Orange County line, as well as approximately 372,700 acres within
the jurisdictional areas of the following 14 incorporated cities: Banning, Beaumont, Calimesa,
Canyon Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Murdeta, Norco, Perris, Riverside, San
Jacinto, and Temecula (collectively, "Cities"); and
WHEREAS, the MSHCP establishes a framework for compliance with State and Federal
endangered species regulations while accommodating future growth in Western Riverside County,
including issuance of "Take" permits for certain species pursuant to Section 10(a)(1)(B) of the
federal Endangered Species Act and Section 2800, et seq. of the California Fish and Game Code;
and
WHEREAS, the County of Riverside ("County"), is the lead agency pursuant to the California
Environmental Quality Act ("CEQA") (Public Res. Code, ' 21000 et seq.) and the State CEQA
Guidelines (14 CCR §15000 et seq.); and
WHEREAS, the County determined that a joint Environmental Impact RepoW Environmental
Impact Statement ("EIPJEIS") should be prepared pursuant to the California Environmental Quality
Act ("CEQA") and the National Environmental Quality Act ("NEPA") in order to analyze all potential
adverse environmental impacts of the Project; and
C:~Documents and Settings\Michaela. Ballreich\Local Settings\Temporary lnternet Files\OLK4WISHCP appr plan exh 2.DOC
WHEREAS, the Board of Supervisors of the County of Riverside, at its regularly scheduled
public meeting on June 17, 2003 reviewed and considered the Initial Study, Draft EIR/EIS, Final
EIR/EIS and other related documents in the record before it and by Resolution No. 2003-299,
certified the Final EIR/EIS and adopted environmental findings and a Statement of Overriding
Considerations; and
WHEREAS, On December 16, 2003, the City Council adopted Resolution No. 03-
entitled "A RESOLUTION O F T HE CITY COUNClL O F T HE CITY OF TEMECULA MAKING
RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL
COMMUNITY CONSERVATION PLAN AND APPROVING THE WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY
CONSERVATION PLAN AND IMPLEMENTING AGREEMENT, ADOPTING ENVIRONMENTAL
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS;"
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF
TEMECULA AS FOLLOWS:
as
Section 1.
The Recitals set forth above are true and correct and the Council adopts them
findings.
Section 2. The City Council hereby adopts the Western Riverside County Multiple
Species Habitat Conservation Plan in the form on file in the Office of the City Clerk.
Section 3. The City Council hereby approves that certain agreement entitled "Joint
Exercise of Powers Agreement Creating the Western Riverside County Regional Conservation
Authority" and authorizes the Mayor to execute said agreement in substantially the form attached
hereto as Exhibit A.
Section 4.
required by law.
The City Clerk shall certify the passage of this Resolution in the manner
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this
day of ,2003.
ATTEST:
Jeffrey E. Stone, Mayor
R:~BROWNS\R C 1 PkMSHCP~vlSHCP appr plan exh 2.DOC
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. 03-__ was duly and regularly 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:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:~BROWNS~R C I P~VlSHCPVvlSHCP appr plan exh 2.DOC
EXHIBIT A
Joint Exercise of Powers Agreement Creating the Western Riverside County Regional
Conservation Authority
R:~BROWNS\R C I P~MSHCP~V/SHCP appr plan exh 2DOC
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JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY
This Joint Powers Agreement dated this 16th day of December, 2003, is made by and between the
COUNTY OF RIVERSIDE, hereinafter sometimes referred to as "County", and the Cities of BANNING,
BEAUMONT, CALIMESA, CANYON LAKE, CORONA, HEMET, LAKE ELSINORE, MOP, ENO
VALLEY, MURRIETA, NORCO, PERRIS, RIVERSIDE, SAN JAC1NTO and TEMECULA, hereinafter
sometimes referred to as "Cities", for the purpose of acquiring, administering, operating and maintaining
land and facilities for ecosystem conservation and habitat reserves for certain rare, threatened and
endangered species covered by the Western Riverside County Multiple Species Habitat Conservation
Plan, hereinafter referred to as the "MSHCP".
RECITALS
WHEREAS, the Cities and the County, hereinafter sometimes jointly referred to as "Parties", are
authorized and empowered to contract with each other for the joint exercise of powers pursuant to Article
1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of
California, hereinafter referred to as "the Act"; and
WHEREAS, the County and the Cities each have the authority and power to prepare and
implement habitat conservation plans for the protection of rare, threatened and endangered species, and to
acquire, own, maintain and operate habitat reserves for such species in connection with said habitat
conservation plans; and
WHEREAS, the formation ora single public agency would most efficiently serve the interests of
the County and Cities by allowing the County and the Cities to jointly exercise the aforementioned
~owers; and
WHEREAS, the County in consultation with the Cities has prepared the MSHCP; and
WHEREAS, the County and the Cities desire to organize themselves pursuant to this Joint Powers
lgreement, hereinafter referred to as the "Agreement", to implement the MSHCP should the MSHCP
ultimately be approved by the County and Cities; and
WHEREAS, it is intended that the activities of the public agency formed pursuant to this
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Agreement shall be coordinated with the Western Riverside Council of Governments, hereinafter
referred to as "WRCOG".
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter
stated, the Parties hereto agree as follows:
Section 1. Purpose. The purpose of this Agreement is to create a public agency to acquire,
administer, operate and maintain land and facilities to establish habitat reserves for the conservation and
~rotection of species covered by the MSHCP and to implement the MSHCP in the event the MSHCP is
tpproved by the County and Cities and appropriate permits are issued by the U.S. Fish and Wildlife
Service and the Califomia Department of Fish and Game.
Section 2. Creation of the Authority. Pursuant to the Act, there is hereby created a public
agency to be known as the "Western Riverside County Regional Conservation Authority", hereinafter
referred to as the "RCA". The RCA shall be a public agency, separate and apart from its members, and as
~rovided by law and not otherwise prohibited by this Agreement, shall be empowered to take such actions
as may be necessary or desirable to implement and carry out the purposes of this Agreement.
Section 3. Powers. In carrying out the purpose of this Agreement, the RCA shall have the
following powers:
A. To make and enter into contracts;
B. To employ agents, consultants, attorneys and employees;
C. To acquire property, and any interest in property, both real and personal by purchase, gift,
option, grant, bequest, devise or otherwise, and hold and dispose of such property;
D. To conduct and direct studies and to develop and implement plans to complement, modify
or supplement the MSHCP;
E. To incur debts, liabilities, and obligations;
F. To sue and be sued in its own name;
G. To employ reserve managers and other personnel to operate, maintain, and administer the
habitat reserves established through implementation of the MSHCP;
H. To be an applicant, make applications for, and receive grants from governmental and
private entities and to participate in State bond issues;
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I. To prepare project reports and applications, to qualify for grants, and to enter into grant
contracts and to do all other things necessary to comply with State and Federal laws and regulations with
respect to grants;
J. To borrow or receive advances of funds from its members or from such other sources as
may be permitted by law;
K. To contract with its members and other entities who operate or will operate the habitat
reserves established through implementation of the MSHCP;
L. To issue bonds, notes, warrants and other evidences of indebtedness to finance costs and
expenses to carry out the powers of the RCA;
M. To acquire, hold, and dispose of equipment;
N. To lobby state and federal governments and their officials as well as private entities to
obtain funding for implementation of the MSHCP and employ individuals or entities to conduct such
lobbying activities on its behalf; and
O. To exercise all other powers common to the members not specifically mentioned above
which may be necessary to carry out the purposes of this Agreement.
Section 4. Term. The term of this Agreement shall commence upon approval and execution
by the County and at least one of the fourteen Cities who are Parties to this Agreement and shall continue
until terminated by the Parties hereto by their mutual written consent as set forth in Section 5 of this
Agreement.
Section 5. Termination~ Withdrawal and Amendment.
A. This Agreement shall be automatically terminated and considered null and void in the
event the MSHCP is not approved by the County and the Cities or appropriate permits are not issued by
the U.S. Fish and Wildlife Service and the California Department of Fish and Game.
B. Any Party to this Agreement may withdraw for any reason upon giving all other Parties
sixty (60) days advance written notice of the effective date of such withdrawal. This Agreement shall
thereupon be deemed automatically amended to reflect the withdrawal of said Party from the RCA and
this Agreement. Upon withdrawal of any Party from the RCA and this Agreement, the withdrawing Party
shall not receive any distribution, partial or otherwise, of any cash or other assets of the RCA.
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C. Provided there is mutual consent by the governing bodies of each of the Parties to this
Agreement, evidenced in writing, this Agreement may be: (I) amended to add new Parties; or (2)
amended to change any portion of this Agreement.
D. The Parties to this Agreement specifically agree that this Agreement creates an entity
which may acquire or hold property. Pursuant to California Government Code Sections 6511 and 6512,
upon completion of the purposes of this Agreement or upon termination thereof, any property or assets
acquired or surplus money on hand which was obtained pursuant to this Agreement and which is not
required by law or contract to be distributed in a different manner, may be returned to the then Parties to
the Agreement in proportion to the contributions made or in the alternative may be transferred to any
local, state, federal or private entity who agrees to assume the duties and obligations of the RCA.
However, any distribution of assets shall be subject to the prior discharge of enforceable liability against
the RCA. Subject to the foregoing, each Parties proportionate share shall be based upon each Parties
contributions to the RCA submitted to the RCA in accordance with Sections 17.A. and B. below.
Section 6. RCA Board and Membership. This Agreement and the authority hereby
created shall be administered by the governing body of the RCA which shall be known as the "Board of
the Western Riverside County Regional Conservation Authority" hereinafter referred to as the "Board".
The Board shall be composed of five members of the Riverside County Board of Supervisors and
the WRCOG Executive Committee member from each City who is signatory to this Agreement who shall
serve as regular members. Each member of the Riverside County Board of Supervisors may appoint an
alternate member and each City may appoint one alternate member. Each regular member and alternate
member of a City must hold an elective office on the respective governing body appointing the regular or
altemate member. In the absence of a regular member, the alternate member shall, if present, participate
in a meeting of the Board the same as if the alternate member were the regular member.
Regular members and alternate members shall serve on the Board during the term for which they
were appointed or until their successor has been appointed or their appointment has been revoked,
whichever is earlier. However, a regular or alternate members position on the Board shall automatically
terminate if and when the term of the elected public office of such regular or alternate member is
terminated. When a vacancy occurs, it shall be the duty of the respective Party having the vacancy to
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promptly inform the Board of the name of the replacement regular or alternate member.
Regular members and alternate members, if participating in a meeting of the Board on behalf of a
regular member, shall be entitled to compensation for participation in meetings of the Board and
necessary traveling and personal expenses incurred in the performance of the member's duties as
authorized by the Board. Such compensation shall be fixed by resolution of the Board.
Section 7. Meetings of the RCA Board.
A. Meetings. The Board shall establish the time and place for its regular and special
meetings. The dates, hour and location of regular meetings shall be fixed by resolution of the Board and a
copy of such resolution shall be provided to the governing body of each of the Parties and with each
Party's designated regular and alternate member. Special meetings and adjourned meetings may be held
as required or permitted by law.
All regular and special meetings shall be held, to the extent feasible, on the same dates as meetings
of the Executive Committee of the WRCOG are held.
B. Ralph M. Brown Act. All meetings of the Board, including without limitation,
regular, special and adjourned meetings, shall be called, noticed, held and conducted in accordance with
the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California
Government Code).
C. Quorum and Voting. A majority of the members of the Board shall constitute a
quorum for the transaction of business and all official acts of the Board shall require the affirmative vote
of a majority of the members of the Board. Each regular member or alternate member acting in the place
of a regular member shall have one vote at meetings of the Board. However, any member of the Board,
immediately after a vote of the Board and prior to the start of the next item on the agenda may call for a
weighted vote. For an item to be passed by weighted vote, all of the following requirements shall be met.'
I. the item shall be approved by a majority of the Board members present at
the meeting who represent the Riverside County Board of Supervisors, who each shall have one vote;
II. the item shall be approved by a majority of the Board members present at
the meeting who represent Cities, who each shall have one vote; and
III. the item shall be approved by Board members present at the meeting who
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represent Cities representing a majority of an equal combination of 1) the population of the county living
~n incorporated areas within the boundaries of the MSHCP Plan area, and 2) the acres within these
~ncorporated areas anticipated to be conserved within the Criteria Area established by the MSHCP as
follows: Barming - 70 acres; Beaumont - 7,250 acres; Calimesa - 1,740 acres; Canyon Lake - 40 acres;
Corona - 470 acres; Hemet - 810 acres; Lake Elsinore - 6,350 acres; Moreno Valley - 105 acres;
Murrieta - 2,390 acres; Norco - 100 acres; Perris - 1,060 acres; Riverside - 90 acres; San Jacinto - 2,130
acres; and Temecula - 990 acres. For purposes of this paragraph, each regular Board member of the
meeting who represents a City shall be assigned votes based on the percentage of the population of
~ncorporated areas within the boundaries of the MSHCP Plan area represented by that member in relation
to the total population of incorporated areas within the boundaries of the MSHCP Plan area as well as the
percentage of the acreage anticipated to be conserved within the Criteria Area subject to the jurisdiction of
that member in relation to the total incorporated area acreage within the Criteria Area set forth in the
MSHCP. Population data shall be determined through California Department of Finance estimates,
adjusted annually. In addition, as lands within the Criteria Area are acquired and conserved, the Board
may through resolution revise the above-referenced average number of acres that are anticipated to be
conserved within incorporated areas.
D. The Board may adopt, from time to time, such rules and regulations for the conduct
of its meetings and affairs as it may deem necessary, including, without limitation, the designation of a
person to record and transcribe the minutes of each public meeting of the RCA.
Section 8. Officers~ The Board shall select a Chairperson and a Vice-Chairperson at its first
meeting and at the first meeting held in each succeeding calendar year. Additionally, at its first meeting
and at the first meeting held in each succeeding calendar year shall, the Board shall select any other
officers it deems appropriate. In the event an officer resigns or ceases to be an officer, the Board shall
select a replacement therefore at the next regular meeting of the Board. In the absence or inability of the
Chairperson to act, the Vice-Chairperson shall act as Chairperson.
A. Treasurer. The treasurer of a member agency shall serve as the treasurer of the
RCA. The Board pursuant to the adoption of a resolution shall appoint the treasurer of a member agency
to serve as the Treasurer. The Treasurer shall have the custody of the RCA money and disburse RCA
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funds pursuant to the accounting procedures developed in accordance with the provisions of this
Agreement, the Act, and with those procedures established by the Board. The Treasurer shall assume the
duties described in Section 6505.5 of the Government Code, namely: receive and receipt for all money of
the RCA and place in the Treasury of the Treasurer to the credit of the RCA; be responsible upon an
official bond as prescribed by the Board for the safekeeping and disbursement of all RCA money so held;
pay, when due, out of money of the RCA so held, all sums payable, only upon warrants of the officer
~erforming the functions of the Controller who has been designated by the RCA or Board; verify and
report in writing on the first day o£ July, October, January and April of each year to the RCA the amount
of money held for the RCA, the amount of receipts since the last report, and the amount paid out since the
last report; and perform such other duties as are set forth in this Agreement or specified by the Board.
B. Controller. The Finance Director of a member agency shall serve as the
Controller of the RCA. The Board pursuant to the adoption of a resolution shall appoint the finance
director of a member agency to serve as the Controller. The Controller shall draw warrants to pay
demands against the RCA when such demands have been approved by the Board or by any other person
authorized to so approve such by this Agreement or by resolution of the Board. The Controller shall
~erform such duties as are set forth in this Agreement and such other duties as are specified by the Board.
There shall be strict accountability of all funds and reporting of al receipts and
disbursements. The Controller shall establish and maintain such procedures, funds and accounts as may
be required by sound accounting practices, the books and records of the RCA in the possession of the
Controller shall be open to inspection at all reasonable times by representatives of the Parties.
The Controller, with the approval of the RCA, shall contract with an independent certified
~ublic accountant or firm or certified public accountants to make an annual audit of the accounts and
records of the RCA, and a complete written report of such audit shall be filed as public records annually,
within six (6) months of the end of the fiscal year under examination, with each of the Parties. Such
annual audit and written report shall comply with the requirements of Section 6505 of the Government
Code. The cost of the annual audit, including contracts with, or employment of such independent
certified public accountants in making an audit pursuant to this Agreement shall be a charge against any
unencumbered funds of the RCA available for such purpose. The Board by unanimous vote, may replace
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the annual audit with a special audit covering a two-year period.
Section 9. MSHCP Advisory Committee. Within thirty (30) days after issuance of the
)ermits by the U.S. Fish and Wildlife Service and California Department of Fish and Game for the
MSHCP, the Board shall form an MSHCP Advisory Committee. The MSHCP Advisory Committee shall
consist of the Riverside County Habitat Conservation Agency (RCHCA) Board of Directors and one
representative from each City who is not a member of the RCHCA. Within six (6) months of execution
of this Agreement, or at any time thereafter, the Board may review the RCA organizational structure
established by this Agreement to determine if it is facilitating MSHCP implementation.
Section 10. Executive Director. The Board shall retain an Executive Director to administer
the MSHCP in compliance with the duties and responsibilities set forth in Sections 5.0 and 6.0 of the
MSHCP. As required by the MSHCP, the RCA shall initially contract with the County of Riverside to
provide an appropriate department or individual to act as the Executive Director within thirty (30) days of
the formation of the RCA. The appropriate department or individual shall be recommended by the
County's Executive Officer and considered by the Board. It is understood by the Parties to this
Agreement that the Board may accept or reject the County Executive Officer's recommendation of an
appropriate department or individual to serve as the Executive Director. This contract shall be for an
initial term of three (3) years. At least six (6) months prior to the expiration of this initial contract term,
the Board shall review the County department's or individual's performance as Executive Director.
Based upon this review, the Board may elect to extend the contract with the County or select an
alternative entity or individual for the Executive Director position upon expiration of the initial term.
Section 11. Administrative/Personnel Services. The Board may contract with WRCOG or
any other public entity to provide administrative/personnel services to the RCA.
Section 12. Monitoring Program Administrator. Upon issuance of the permits for the
MSHCP by the U.S. Fish and Wildlife Service and California Department of Fish and Game and for a
period of eight (8) years thereafter, the California Department ofFish and Game shall serve as the
Monitoring Program Administrator for the MSHCP. The Monitoring Program Administrator shall be
responsible for implementing the monitoring program contained in Section 5.0 of the MSHCP and shall
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perform all duties and responsibilities as set forth in Sections 5.0 and 6.0 of the MSHCP. Thereafter, the
Board may elect to have the Department continue acting in the capacity or shall select an alternative
individual or entity for this position if the Board determines that the Department cannot adequately
~erform the duties and responsibilities of this position.
Section 13. Reserve Managers. The Board shall retain at least one Reserve Manager to
manage lands owned by the RCA within the MSHCP Conservation Area. This Reserve Manager(s) shall
report to the Executive Director and shall perform all the duties and responsibilities set forth in Section
'5.0 and Section 6.0 of the MSHCP. Additionally, Reserve Managers managing lands owned by any Party
to this Agreement that are within the MSHCP Conservation Area shall report to the Executive Director.
Section 14. Independent Science Advisors. The Board shall retain, as appropriate,
independent science advisors who are qualified biologists and conservation experts with expertise in
species covered by the MSHCP and their habitats. Additionally, to the extent feasible, the independent
science advisors shall have experience in land management. Independent science advisors shall be
retained on an annual basis, shall report to the Executive Director and shall comply with the duties and
responsibilities set forth in Section 6.0 of the MSHCP.
Section 15._ Funding Coordination Committee. Within one hundred and twenty (120) days
after issuance of the permits by the U.S. Fish and Wildlife Service and California Department ofFish and
Game for the MSHCP, the Board shall form a Funding Coordination Committee to provide
recommendations to the Board on local funding priorities and local MSHCP Conservation Area
acquisitions. Members of this committee shall be appointed by the Board and shall consist of, at a
minimum, representatives of the Parties to this Agreement, the U.S. Fish and Wildlife Service, and the
California Department ofFish and Game. To the extent feasible, members of the Funding Coordination
Committee shall have expertise in real estate or land use planning and/or experience implementing large
scale conservation programs.
The Funding Coordination Committee shall make recommendations to the Board through thc
Executive Director on local land acquisitions and funding priorities. Additionally, this Committee shall
provide a forum to discuss land acquisition priorities of the U.S. Fish and Wildlife Service and California
Department of Fish and Game and acquisitions by other entities using non-local sources of revenue. The
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Board shall establish policies under which the Funding Coordination Committee shall make
recommendations to the Board. Such policies shall include conflict of interest guidelines for the
Committee members.
The Planning Directors of each Party to this Agreement shall receive prior notice of all meetings
of the Funding Coordination Committee. Such notice shall include a meeting agenda and a list of
>otential acquisition sites, if applicable. The Planning Directors or their designated representatives may
participate in Committee meetings, as appropriate.
Section 16. Reserve Management Oversight Committee. The Reserve Management
Oversight Committee (RMOC) shall be formed within sixty (60) days of the effective date of the contract
between the RCA and the County concerning the establishment of an Executive Director. The RMOC
shall be composed of, at a minimum, one representative appointed by each of the following entities:
A. U.S. Fish and Wildlife Service,
B. California Department of Fish and Game,
C. Riverside County Regional Parks and Open Space District,
D. Bureau of Land Management,
E. U.S. Forest Service,
F. California Department of Parks and Recreation,
G. RCA, and
H. Up to five (5) other private or public agencies or entities that own or manage land
within the MSHCP Conservation Area.
The RMOC shall serve as the intermediary between the Reserve Managers and the decision
making function of the RCA. The Executive Director shall serve as chair of the RMOC.
Section 17. Rules and Governing Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of California. The laws of the State of California applicable to the
County of Riverside shall govern the RCA in the manner of exercising its powers, subject, however, to
such restrictions as are applicable to said city in the manner of exercising such powers, as required by
Government Code Section 6509. The Board, at its first meeting or as soon thereafter as may be possible,
shall adopt such rules and regulations as the Board may deem necessary for the conduct of the RCA's
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affairs. Among these rules shall be a conflict of interest code and a purchasing ordinance. The Board
may, as it deems appropriate, review and revise these rules and regulations.
Section 18. Fiscal Year. The fiscal year of the RCA shall be the period commencing on July
1 of each year and ending on and including the following June 30.
Section 19. Contributions/Estimated Budget.
A. Contributions of Development Mitigation Fees. The Parties to this Agreement shall
impose a development mitigation fee on all new development to support the acquisition of additional
reserve lands pursuant to the MSHCP. All development mitigation fees collected by the Parties shall be
forwarded to the RCA within ninety (90) days after receipt by each Party. The RCA may, in its
discretion, conduct an audit of the development mitigation fees collected by any Party to this Agreement.
B. Other Contributions. The RCA may accept contributions of money or property from the
Parties or other individuals or entities including but not limited to contributions from Parties, MSHCP
Permittees and Special Participating Entities who obtain take authorization under the MSHCP for public
utility, schools, transportation, flood control and other public infrastructure projects. Additionally, a Party
may hold and manage its own property as a contribution to implementation of the MSHCP and the
MSHCP Conservation Area. Landfill Tipping Fees and Density Bonus Fees collected by the County may
be contributed to the RCA on an annual basis subject to the discretion of the Board of Supervisors.
C. Use of Contributions. When approved by the Board, revenues received by the RCA,
including without limitation, fees and other contributions, shall be used to implement the MSHCP. In
addition, the RCA shall reimburse the County for any and all litigation costs, including but not limited to
attorneys fees, incurred in defense of any legal challenge conceming the adoption of the MSHCP or any
related actions as well as any costs incurred to establish the Executive Director and any other necessary
staff prior to entering into the contract contemplated in Section 10 of this Agreement.
D. Budget. The annual budget for the RCA shall be prepared by the Executive Director. In
the alternative, the RCA may contract with WRCOG to prepare an annual budget. The annual budget
shall be based on an estimate of the amount of revenue necessary to implement the MSHCP during the
ensuing fiscal year and shall consider necessary land acquisition, improvements, maintenance,
management, monitoring, administration, and operation costs during the current fiscal year as such costs
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are set forth in the then current approved budget for the RCA.
Section 20. MSHCP Reporting Requirements. In order to assist in the preparation of the
annual report required to be prepared by the RMOC and submitted to the USFWS, CDFG, and RCA as
set forth in the MSHCP and Implementing Agreement, the Parties shall on a monthly basis provide the
following information to the RCA:
A. grading permit activity including the number of the permit issued, the location of
the development site identified by assessor's parcel number, and the amount of
acreage disturbed;
B. single fanfily home and mobilehome construction activity within the Criteria Area
including the number of the grading, building, site preparation or installation permit
issued and the location of the development site identified by assessor's parcel
number;
C. development mitigation fee collection including identification by assessor's parcel
number of the project for which the fee was collected, the amount of the fee paid,
and any exemptions or credits that may have been included in any calculation of the
fee; and
D. any other information required to comply with the provisions of the MSHCP as
may be determined necessary by the Executive Director.
In addition, the County shall submit on an annual basis all information contained in the Existing
Agricultural Operations Database including the amount of new agricultural land, if any, added to the
Database as well as any documentation concerning the expansion of agricultural operations within the
Criteria Area.
Section 21. Joint Proiect/Acquisition Review Process. To ensure that the requirements of
the MSHCP and its Implementing Agreement are properly met, a joint project/acquisition review process
shall be instituted by the RCA. This process is set forth in Section 6 of the MSHCP.
Section 22. Liabilities. Except as may be provided herein, the debts, liabilities and
obligations of the RCA shall be the debts, liabilities and obligations of the RCA alone, and not of the
Parties to this Agreement.
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Section 23. Indemnification. Provided that a Party has acted in good faith and in
accordance with this Agreement, the approved MSHCP and its Implementing Agreement and the Permits,
the RCA shall defend, indemnify and hold such Party free and harmless from any loss, liability or damage
incurred or suffered by such Party by reason of litigation arising from or as a result of any of the
following: the Party's development mitigation fee ordinance; the Party's participation in the RCA;
actions taken to approve and/or implement the MSHCP; claims of inverse condemnation or
unconstitutional takings against a Party; or any other act performed or to be performed by the Party
>ursuant to this Agreement, the MSHCP, its Implementing Agreement or the Permits; provided, however,
hat such indemnification or agreement to hold harmless pursuant to this Section shall be recoverable only
out of RCA assets and not from other Parties.
Section 24. Notices. Notices required or permitted hereunder shall be sufficiently given if
made in writing and delivered either personally or by registered or certified mail, postage prepaid to said
respective Parties, as follows:
Riverside County Conservation Authority
Executive Director
4080 Lemon Street, 7th Floor
Riverside, CA 92501
County of Riverside
Transportation and Land Management Agency
Agency Director
4080 Lemon Street, 7th Floor
Riverside, CA 92501
(909) 955-6742
(909) 955-6879
C. City of Banning
City Manager
99 E. Ramsey Street
Banning, CA 92220
(909) 922-3103
(909) 922-3128 fax
City of Beaumont
City Manager
550 E. 6th Street
Beaumont, CA 92223
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(909) 769-8520
1 (909) 769-8526 fax
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City of Calimesa
City Manager
908 Park Ave
Calimesa, CA 92320
(909) 795-9801
(909) 795-4399 fax
City of Canyon Lake
City Manager
31516 Railroad Canyon Road
Canyon Lake, CA 92587
(909) 244-2955
(909) 246-2022 fax
City of Corona
City Manager
PO Box 940
Corona, CA 92878
(909) 736-2371
(909) 736-2493 fax
City of Hemet
City Manager
445 E. Florida Avenue South
Hemet, CA 92543
(909) 765-2300
(909) 765-3785 fax
City of Lake Elsinore
City Manager
130 S. Main Street
Lake Elsinore, CA 92530
(909) 674-6727 ext. 261
(909) 674-2392 fax
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I City Manager
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City of Moreno Valley
PO Box 88005
Moreno Valley, CA 92553
(909) 413 -3008
(909) 413-3760 fax
City of Murrieta
City Manager
26442 Beckman Court
Murrieta, CA 92562-9755
(909) 698-1040
(909) 698-9885 fax
City of Norco
City Manager
2870 Clark Avenue
Norco, CA 92860
(909) 270-5611
(909) 270-5622 fax
City of Perris
City Manager
101 North D Street
Perris, CA 92570
(909) 657-5882
(909) 657-1087 fax
City of Riverside
City Manager
3900 Main Street
Riverside, CA 92522
(909) 826-5991
(909) 826-5470 fax
City of San Jacinto
City Manager
201 E Main Street
San Jacinto, CA 92583
(909) 487-7342
(909) 654-3728 fax
City of Temecula
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City Manager
PO Box 9033
Temecula, CA 92589-9033
(909) 694-6440
(909) 694-6499 fax
Section 25. Severability. If any section, clause or phrase of this Agreement or the application
thereof to any Party or any other person or circumstance is for any reason held to be invalid by a court of
competent jurisdiction, it shall be deemed severable and the remainder of the Agreement or the
application of such provisions to the other party or to other persons or circumstances shall not be affected
thereby.
Section26. Other AgreementsNotProhibited. Other agreements by and between the
Parties of this Agreement or any other entity are neither prohibited nor modified in any manner by
execution of this Agreement. Furthermore, the Parties hereto agree upon request to execute, acknowledge
and deliver all additional papers and documents necessary or desirable to carry out the intent of this
Agreement.
Section 27. Other Obligations. The responsibilities and obligations of each Party to this
Agreement shall be solely as provided in this Agreement, or as may be provided for in supplemental
agreements to be executed by the Parties.
Section 28. Non-Assignability. The rights, titles and interests of any Party to this Agreement
shall not be assignable or transferable without the consent of the governing body of each Party hereto.
Section 29. Section Headings. The section headings herein are for convenience of the Parties
only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or
intent of the provisions or language of this Agreement.
Section 30. Construction of Language. It is the intention of the Parties hereto that if any
provision of this Agreement is capable of two constructions, one of which would render the provision
void and the other of which would render the provision valid, then the provision shall have the meaning
which renders it valid.
Section 31.. Cooperation. The Parties recognize the necessity and hereby agree to cooperate
with each other in carrying out the purposes of this Agreement, including cooperation in matters relating
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to the public, accounting, litigation, public relations and the like.
Section 32. Future Amendments. To preserve a reasonable degree of flexibility, many parts
of this Agreement are stated in general terms. It is understood that there may be Amendments to this
Agreement which will further define the rights and obligations of the Parties.
Section 33. Successors. This Agreement shall be binding upon and shall inure to the benefit
of the successors of the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and
attested by their proper officers thereunto duly authorized as of the date first above written.
Dated:
Attest:
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
COUNTY OF RIVERSIDE
By:
Chairman, Board of Supervisors
CITY OF BANNING
By:
Mayor
CITY OF BEAUMONT
By:
Mayor
CITY OF CALIMESA
By:
Mayor
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Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
CITY OF CANYON LAKE
By:
Mayor
CITY OF CORONA
By:
Mayor
CITY OF HEMET
By:
Mayor
CITY OF LAKE ELSINORE
By:
Mayor
CITY OF MORENO VALLEY
By:
Mayor
CITY OF MURRIETA
By:
Mayor
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Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
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Attest:
City Clerk
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Attest:
City Clerk
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Attest:
City Clerk
CITY OF NORCO
By:
Mayor
CITY OF PERRIS
By:
Mayor
CITY OF RIVERSIDE
By:
Mayor
CITY OF SAN JACINTO
By:
Mayor
CITY OF TEMECULA
By:
Mayor
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ATTACHMENT NO. 3
Council Resolution
procedures and requirements for the Western Riverside County MSHCP
R:~BROWNS\R C I P~VlSHCP\council repor~ 12-16-03 attach headers.doc
EXHIBIT 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO ESTABLISH PROCEDURES AND
REQUIREMENTS FOR IMPLEMENTATION OF THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION I. TITLE
This Resolution shall be known as the "Western Riverside County Multiple Species Habitat
Conservation Plan Implementation Policy."
SECTION II. FINDINGS AND PURPOSE
The City Council finds that the ecosystems of the City of Temecula ("City") and/or
westem Riverside County and the vegetation communities and sensitive species
they support are fragile, irreplaceable resources that are vital to the general welfare
of all residents; these vegetation communities and natural areas contain habitat
value which contributes to the region's environmental resources; and special
protections for these vegetation communities and natural areas must be established
to prevent future endangerment of the plant and animal species that are dependent
upon them. This Resolution will protect the City's and the region's biological
resources, vegetation communities, and natural areas, and prevent their degradation
and loss by guiding development outside of biological resource core areas, and by
establishing mitigation standards which will be applied to development projects.
Adoption and implementation of this Resolution will enable the City to achieve the
conservation goals set forth in the Western Riverside County Multiple Species
Habitat Conservation Plan ("MSHCP"), to implement the associated Implementing
Agreement executed by the City Council on September 16, 2003, and to preserve
the ability of affected property owners to make reasonable use of their land
consistent with the requirements of the National Environmental Policy Act ("NEPA"),
the California Environmental Quality Act ("CEQA"), the Federal Endangered Species
Act ("FESA"), the California Endangered Species Act ("CESA"), the California
Natural Community Conservation Planning Act ("NCCP Act"), and other applicable
laws.
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The purpose and intent of this Resolution is to maintain and restore biological
diversity and the natural ecosystem processes which support this diversity, to protect
vegetation communities and natural areas within the City and/or westem Riverside
County which support species covered under the MSHCP; to maintain a future of
economic development within the City by providing a streamlined regulatory process
from which development can proceed in an orderly process; and to protect the
existing character of the City and the region through the implementation of a system
of reserves which will provide for permanent open space, community edges, and
habitat conservation for species covered by the MSHCP.
SECTION II1. APPLICATION OF REGULATIONS
Except as provided in Section IV, this Resolution shall apply to all land within the City. Upon
application to the City for a development project, an applicant shall be required to comply with the
procedures set forth in this Resolution. Upon the City's initiation of a project that is subject to CEQA,
the City shall be required to comply with the procedures set forth in this Resolution. No project
requiring a discretionary, or certain ministerial permits or approvals that could have adverse impacts
to species covered under the MSHCP shall be approved by the City, and no City-initiated public
project shall be undertaken, unless the project is consistent with the MSHCP and this Resolution.
SECTION IV. EXEMPTIONS
This Resolution shall not apply to the following:
A. The adoption or amendment of the City's General Plan.
B. The adoption or amendment of any land use or zoning ordinance.
Any project for which and to the extent that a vesting tentative map pursuant to the
Subdivision Map Act, or a development agreement pursuant to Government Code
sections 65864 et seq., approved or executed prior to adoption of this Resolution,
confers vested rights under the City's ordinances or state law to proceed with the
project notwithstanding the enactment of this Resolution. Projects subject to this
exemption must comply with all provisions of any applicable state and federal law.
Any project for which the City Council determines that application of this Resolution
would result in the property owner being deprived of all reasonable economic use of
the property in violation of federal or state constitutional prohibitions against the
taking of property without just compensation.
SECTION V. PROCEDURES
The City shall implement the requirements for pdvate and public project contributions
to the MSHCP Conservation Area as set forth in MSHCP, by electing to comply with
one of the following:
The City shall implement the Property Owner Initiated Habitat Evaluation and
Acquisition Negotiation Process ("HANS"); or
Upon receipt of a completed application for a project that is subject to this
Resolution, or prior to the City's initiation of a project, the City shall determine
CSDocuments and Settings~vlichaela. BallreichLLocal Settings\Temporary lntemet Files\OLK4XMSHCP Proced Resol Exh 3.doc
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whether all or a portion of the real property for the project is located within the
boundaries of the Criteda Area. If the City determines that all or a portion of
the real property for the project is located within the Criteria Area, then the
City shall perform the following:
Determine the design criteda applicable to the project based on the
particular USGS section, quadrant, and/or cell grouping in which the
project property is located, as set forth in Section 3.2 of the MSHCP;
and
Impose as a condition to the City's approval of the project such
conditions as are necessary to ensure the project complies with and
implements the design criteria applicable to the project.
The City shall implement the requirements for the Protection of Riparian/Riverine
Areas and Vernal Pools set forth in Section 6.1.2 of the MSHCP in the following
manner:
As part of the CEQA review of the project, the property owner shall comply,
or the City shall comply if the project is City-initiated, with the surveying,
mapping, and documentation procedures set forth in Section 6.1.2 of the
MSHCP for Riparian/Riverine Areas and Vernal Pools on the project
property; and
Based on the documentation prepared for the project, the City shall impose
as a condition to the City's approval of the project such conditions as are
necessary to ensure the project complies with and implements the policies
for the Protection of Riparian/Riverine Areas and Vernal Pools set forth in
Section 6.1.2 of the MSHCP.
The City shall implement the requirements for the Protection of Narrow Endemic
Plant Species set forth in Section 6.1.3 of the MSHCP in the following manner:
As part of the CEQA review of the project, the property owner shall comply,
or the City shall comply if the project is City-initiated, with the site-specific
focused survey procedures set forth in Section 6.1.3 of the MSHCP; and
Based on the site-specific focused surveys prepared for the project, the City
shall impose as a condition to the City's approval of the project such
conditions as are necessary to ensure the project complies with and
implements the Narrow Endemic Plant Species policies set forth in Section
6.1.3 of the MSHCP.
The City shall impose as a condition to the City's approval of a project such
conditions as are necessary to ensure the project complies with and
implements the UrbanNVildlands Interface Guidelines set forth in Section
6.1.4 of the MSHCP.
The City shall impose as a condition to the City's approval of a project such
conditions as are necessary to ensure surveys are prepared for the project as
required by Section 6.3.2 of the MSHCP.
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Pursuant to Section V of this Resolution and the MSHCP, the City may transfer any
property interest acquired or obtained in fee title or as a conservation easement to
the Westem Riverside County Regional Conservation Authority for management.
The City may also grant a conservation easement to the California Department of
Fish and Game for any property interest obtained pursuant to Section V of this
Resolution.
SECTION VI. DEFINITIONS
For purposes of this Resolution, the following terms shall have the meaning set forth herein:
"Area Plan" means the sixteen areas designated for purposes of providing an
organizational framework for the Criteria Area, and for purposes of developing
specific design criteda that will be utilized in assembling land within the Criteda Area
that will become a part of the MSHCP Conservation Area.
"Criteria Area" means the general area designated and denoted on the MSHCP Plan
Map as the "Criteria Area," comprised of approximately 310,000 acres from which
new habitat conservation within the MSHCP Conservation Area will be assembled.
"MSHCP" means the Western Riverside County Multiple Species Habitat
Conservation Plan.
"Project" means any action or activity that is subject to the City's ministerial or
discretionary approval, or any action or activity undertaken directly by the City, for the
purpose of developing or improving real property, including, but not limited to, the
following: the sale, purchase, or lease of City-owned property; the approval of a
tentative subdivision map; the issuance of a license, permit, certificate, variance, or
other entitlement for the development or improvement of real property, including the
clearing or grading of real property (except for weed or fire hazard abatement); and
the construction or improvement of streets, water, sewer, or other public facilities or
public works.
SECTION VII. EFFECTIVE DATE
The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and thereupon
and thereafter this Resolution shall take effect and be in force according to law.
PASSED, APPROVED, AND ADOPTED, this day of
,2003.
Mayor
City of Temecula
ATTEST:
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City Clerk
City of Temecula
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MSHCP PLAN MAP
Exhibit "A" to the Implementation Agreement
R:XBROWNS\R C I PXMSHCP\council report 12-16-03 attach headers,doc
ATTACHMENT NO. 4
Council Ordinance adding Chapter 15.10 to the Temecula Municipal Code
R:XBROWNS\R C 1 PWISHCP\council report 12-16-03 at'ach headers.doc
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 15.10, MULTISPECIES HABITAT
CONSERVATION MITIGATION FEES, TO THE TEMECULA
MUNICIPAL CODE TO ESTABLISH A LOCAL DEVELOPMENT
MITIGATION FEE FOR FUNDING THE PRESERVATION OF
NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE
WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN
WHEREAS, the City Council of the City of Temecula ("City") finds that the ecosystems of the
City and western Riverside County, and the vegetation communities and sensitive species they
support are fragile, irreplaceable resources that are vital to the general welfare of all residents;
WHEREAS, these vegetation communities and natural areas contain habitat value which
contributes to the City's and the region's environmental resources;
WHEREAS, special protections for these vegetation communities and natural areas must be
established to prevent future endangerment of the plant and animal species that are dependent
upon them;
WHEREAS, adoption and implementation of this Ordinance will help to enable the City to
achieve the conservation goals set forth in the Western Riverside County Multiple Species Habitat
Conservation Plan ("MSHCP"), adopted by the City Council on December 16, 2003, to implement
the associated Implementing Agreement approved by the City Council on December 16, 2003, and
to preserve the ability of affected property owners to make reasonable use of their land consistent
with the requirements of the National Environmental Policy Act ("NEPA"), the California
Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the California
Endangered Species Act ("CESA"), the California Natural Community Conservation Planning Act
("NCCP Act") and other applicable laws;
WHEREAS, the purpose and intent of this Ordinance is to establish a Local Development
Mitigation Fee to assist in the maintenance of biological diversity and the natural ecosystem
processes that support this diversity; the protection of vegetation communities and natural areas
within the City and western Riverside County which are known to support threatened, endangered or
key sensitive populations of plant and wildlife species; the maintenance of economic development
within the City by providing a streamlined regulatory process from which development can proceed
in an orderly process; and the protection of the existing character of the City and the region through
the implementation of a system of reserves which will provide for permanent open space, community
edges, and habitat conservation for species covered by the MSHCP;
WHEREAS, the findings set forth herein are based on the MSHCP and the studies
referenced therein, and the estimated acquisition costs for such property as set forth in the MSHCP
a copy of which is on file in the City Clerk's office;
WHEREAS, pursuant to Article 11, Section 7 of the California Constitution, the City is
authorized to enact measures that protect the health, safety and welfare of its citizens;
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RVP[ JB/MO/655751
WHEREAS, pursuant to Government Code sections 66000 et seq., the City is empowered to
impose fees and other exactions to provide necessary funding and public facilities required to
mitigate the negative effect of new development projects;
WHEREAS, on December 16, 2003 the City Council took action on the MSHCP and the
associated Implementing Agreement, and made appropriate findings pursuant to CEQA; and
WHEREAS, pursuant to Government Code sections 66016, 66017 and 66018, the City has:
(a) made available to the public, at least ten (10) days prior to its public hearing, data indicating the
estimated cost required to provide the facilities and infrastructure for which these development fees
are levied and the revenue sources anticipated to provide those facilities and infrastructure; (b)
mailed notice at least fourteen (14) days prior to this meeting to all interested parties that have
requested notice of new or increased development fees; and (c) held a duly noticed, regularly
scheduled public hearing at which oral and written testimony was received regarding the proposed
fees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECLUA DOES ORDAIN
AS FOLLOWS:
Section 1. Chapter 15.10, Multiple Species Habitat Conservation Mitigation Fee, is hereby
added to the Temecula Municipal Code to read as follows:
"15.10.010 FINDINGS. The City Council finds and determines as follows:
A. The preservation of vegetation communities and natural areas within the City and
western Riverside County which support species covered by the Riverside County Multiple Species
Habitat Conservation Plan ("MSHCP") is necessary to protect and promote the health, safety and
welfare of all the citizens of the City by reducing the adverse direct, indirect and cumulative effects of
urbanization and development and providing for permanent conservation of habitat for species
covered by the MSHCP.
B. It is necessary to enact and implement certain development impact fees to ensure
that all new development within the City pays its fair share of the costs of acquiring and preserving
vegetation communities and natural areas within the City and the region which are known to support
plant and wildlife species covered by the MSHCP.
C. A proper funding source to pay the costs associated with mitigating the direct, indirect
and cumulative impacts of development to the natural ecosystems within the City and the region, as
identified in the MSHCP, is a development impact fee for residential, commercial, and industrial
development. The amount of the fee is determined by the nature and extent of the impacts from the
development to the identified natural ecosystems and or the relative cost of mitigating such impacts.
D. The MSHCP and the Nexus Fee Report, a copy of which is on file in the City Clerk's
office, provides a basis for the imposition of development impact fees on new construction.
E. The use of the development impact fees to mitigate the impacts to the City's and the
region's natural ecosystems is reasonably related to the type and extent of impacts caused by
development within the City.
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RVPIJB/MO/655751
F. The costs of funding the proper mitigation of natural ecosystems and biological
resources impacted by development within the City and the region are apportioned relative to the
type and extent of impacts caused by the development.
G, The facts and evidence provided to the City establish that there is a reasonable
relationship between the need for preserving the natural ecosystems in the City and the region, as
defined in the MSHCP, and the direct, indirect and cumulative impacts to such natural ecosystems
and biological resources created by the types of development on which the fee will be imposed, and
that there is a reasonable relationship between the fee's use and the types of development for which
the fee is charged. This reasonable relationship is described in more detail in the MSHCP and the
Nexus Fee Report.
H. The cost estimates for mitigating the impact of development on the City's and the
region's natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable and
will not exceed the reasonably estimated total of these costs.
I. The fee set forth herein does not reflect the entire cost of the lands which need to be
acquired in order to implement the MSHCP and mitigate the impact caused by new development.
Additional revenues will be required from other sources. The City Council finds that the benefit to
each development project is greater than the amount of the fee to be paid by the project.
J. The fees collected pursuant to this Ordinance shall be used to finance the acquisition
of the natural ecosystems and certain improvements described or identified in the MSHCP.
15.10.020 ADMINISTRATIVE RESPONSIBILITY. The Director of Planning of the City
shall be responsible for the administration of this Chapter. Detailed administrative procedures
concerning the implementation of this Ordinance may be established and set forth in a resolution
adopted by the City Council,
15.10.030 DEFINITIONS. As used in this Chapter, the following terms shall have the
following meanings:
"City" means the City of Temecula, California.
"City Council" means the City Council of the City of Temecula, California.
"Certificate of Occupancy" means a certificate of occupancy issued by the City in accordance
with all applicable ordinances, regulations, and rules of the City and state law.
"Credit" means a credit allowed pursuant to Section 15.10.110, which may be applied against
the development impact fee paid.
"Development Project" or "Project" means any project undertaken for the purpose of
development pursuant to the issuance of a building permit by the City pursuant to all applicable
ordinances, regulations, and rules of the City and state law.
"Final Inspection" means a final inspection of a project as defined by the building codes of
the City.
Page 3
"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/or legal property lines.
"Local Development Mitigation Fee" or "Fee" means the development impact fee imposed
pursuant to the provisions of this Ordinance.
"Multiple Species Habitat Conservation Plan" or "MSHCP" means the Western Riverside
County Multiple Species Habitat Conservation Plan, adopted by the City Council on December 16,
2003.
"MSHCP Conservation Area" has the same meaning and intent as such term is defined and
utilized in the MSHCP.
"Project Area" means the area, measured in acres, from the adjacent road right-of-way line
to the limits of project improvements. Project Area includes all project improvements and areas that
are disturbed as a result of the project improvements on an owner=s Gross Acreage, including all
areas depicted on the forms required to be submitted to the City pursuant to this Chapter and/or
other applicable development ordinance or regulation of the City. Except as otherwise provided
herein, the Project Area is the area upon which the project will be assessed the Local Development
Mitigation Fee.
"Residential Unit" means a building or portion thereof used by one family and containing but
one kitchen, which unit is designed or occupied for residential purposes, including single-family,
multiple-family dwellings, and mobile homes on a permanent foundations, but not including hotels
and motels.
"Revenue" or "Revenues" means any funds received by the City pursuant to the provisions of
this Ordinance for the purpose of defraying all or a portion of the cost of acquiring and preserving
vegetation communities and natural areas within the City and the region which are known to support
threatened, endangered or key sensitive populations of plant and wildlife species.
"Western Riverside County Regional Conservation Authority" means the governing body
established pursuant to the MSHCP that is delegated the authority to oversee and implement the
provisions of the MSHCP.
15.10,40 CAL DEVELOPMENT MITIGATION FEE, To assist in providing Revenue to
acquire and preserve vegetation communities and natural areas within the City and western
Riverside County which are known to support threatened, endangered or key sensitive populations
of plant and wildlife species, a Local Development Mitigation Fee shall be paid for each
Development Project or portion thereof to be constructed within the City. The following fee shall be
paid for each Development Project to be constructed within the City. The fees are calculated using
an Equivalent Benefit Unit methodology:
Residential, density less than 8.0 dwelling units per acre - $1,651 per dwelling unit
Residential, density between 8.1 and 14.0 dwelling units per acre - $1,057 per
dwelling unit
Residential, density greater than 14.1 dwelling units per acre - $859 per dwelling unit
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RVPUB/MO/655751
Commercial - $5,620 per acre
Industrial - $5,620 per acre
A. The amount of the Local Development Mitigation Fee shall be calculated on the basis
of the acreage of the Project Area, in accordance with the following:
1. The Project Area shall be determined by City staff based on the subdivision
map, plot plan, and other information submitted to or required by the City.
2. An applicant may elect, at his or her own expense, to have a Project Area
dimensioned, calculated, and certified by a registered civil engineer or licensed land surveyor. The
engineer or land surveyor shall prepare a wet-stamped letter of certification of the Project Area
dimensions and a plot plan exhibit thereto that cleady delineates the Project Area. Upon receipt of
the letter of certification and plot plan exhibit, the City shall calculate the Local Development
Mitigation Fee required to be paid based on the certified Project Area.
3. Where construction or other improvements on Project Area are prohibited due
to legal restrictions on the Project Area, such as Federal Emergency Management Agency
designated floodways or areas legally required to remain in their natural state, that portion of the
Project Area so restricted shall be excluded for the purpose of calculating the Local Development
Mitigation Fee.
15.10.050 IMPOSITION OF THE LOCAL DEVELOPMENT MITIGATION FEE.
Notwithstanding any other provision of the City=s Municipal Code, no permit shall be issued for any
Development Project except upon the condition that the Local Development Mitigation Fee
applicable to such Development Proiect has been paid.
15.10.060 PAYMENT OF LOCAL DEVELOPMENT MITIGATION FEE.
A. The Local Development Mitigation Fee shall be paid in full in accordance with
applicable law.
B. The Local Development Mitigation Fee shall be assessed one time per lot or parcel,
except when additional construction or improvement on the lot or parcel results in the disturbance of
additional area.
C. The Local Development Mitigation Fee required to be paid under this Ordinance shall
be the fee in effect at the time of payment.
D. Notwithstanding anything in the City's Municipal Code, or any other written
documentation to the contrary, the Local Development Mitigation Fee shall be paid whether or not
the Devetopment Project is subject to conditions of approval by the City imposing the requirement to
pay the fee.
E. If all or part of the Development Project is sold prior to payment of the Local
Development Mitigation Fee, the Project shall continue to be subject to the requirement to pay the
fee as provided herein.
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RVPUB/MO/655751
15.10.070 REFUNDS. There shall be no refund of all or part of any Local Development
Mitigation Fee paid under this Chapter except in cases of overpayment or miscalculation of the
applicable fee. Only in cases of overpayment or miscalculation of the fee will the person or entity
that paid the Local Development Mitigation Fee be entitled to a refund.
15.10.080 ACCOUNTING AND DISBURSEMENT OF COLLECTED LOCAL
DEVELOPMENT MITIGATION FEES.
A. All fees paid pursuant to this Chapter shall be deposited, invested, accounted for,
and expended in accordance with Section 66006 of the Government Code and all other applicable
provisions of law.
B. Subject to the provisions of this section, all fees collected pursuant to this Chapter
shall be remitted to the Western Riverside County Regional Conservation Authority at least
quarterly, and wilt be expended solely for the purpose of acquiring and preserving vegetation
communities and natural areas within the City and the region which support species covered in the
MSHCP in accordance with the provisions of the MSHCP.
C. The City may recover the costs of administering the provisions of this Chapter using
the Revenues generated by the fees, in an amount and subject to the rules and regulations
established by the Western Riverside County Regional Conservation Authority.
15.10.090 AUTOMATIC ANNUAL FEE ADJUSTMENT. The fee established by this
Ordinance shall be revised annually by means of an automatic adjustment at the beginning of each
fiscal year based on the average percentage change over the previous calender year set forth in the
Construction Price Index for the Los Angeles metropolitan area. The first fee adjustment shall not
be made prior to a minimum of ten (10) months subsequent to the effective date of this Chapter.
t5.10.100 EXEMPTIONS. The following types of construction shall be exempt from the
provisions of this Ordinance:
A. Reconstruction or improvements that are damaged or destroyed by fire or other
natural causes.
B. Rehabilitation, remodeling, or minor additions to an existing Development Project.
C. Secondary residential units, constructed on developed residential property and
meeting all state and City requirements for such units.
D. Existing improvements that are converted from an existing permitted use to a
different permitted use, provided that no additional area of the property is disturbed as a result of
such conversion.
E. Development on a Project Area that is currently or has been previously improved.
F. Guest houses or dwellings, as permitted by law.
15.10.110 FEE CREDITS AND WAIVERS. Any Local Development Mitigation Fee credit
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RVP[ JB/MO/655751
that may be applicable to a Development Project, or any partial or full waiver of a Local
Development Mitigation Fee that may be applicable to a Development Project, shall be determined
by the City in cooperation with the Western Riverside County Regional Conservation Authority,
which shall have an auditing role in this process.
Section 2. SEVERABILITY. This Ordinance and the various parts, sections, and clauses
thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is
adjudged unconstitutional or invalid, the remainder of this Ordinance shall be affected thereby. If
any part, sentence, paragraph, section, or clause of this Ordinance, or its application to any person
entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only
such part, sentence, paragraph, section, or clause of this Ordinance, or person or entity; and shall
not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or
clauses of this Ordinance, or its application to other persons or entities. The City Council hereby
declares that this Ordinance would have been adopted had such unconstitutional or invalid part,
sentence, paragraph, section, or clause of this Ordinance not been included herein; or had such
person or entity been expressly exempted from the application of this Ordinance.
Section 3. EFFECTIVE DATE. The Mayor shall sign this Ordinance and the City Clerk shall
attest thereto and shall publish this Ordinance in the manner required by law, and thereupon and
thereafter this Ordinance shall take effect and be in force sixty days following adoption by the City
Council according to law.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula 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, California, 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 day of ,2003, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the day of ,2003 by the following roll call vote:
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RVP[ lB/MO/655751
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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RVPI lB/MO~55751
ATTACHMENT NO. 5
Letter from the Property Owners Association of Riverside County in opposition to the
MSHCP
R:\BROWNS\R C I P~VISHCP\council report 12-16-03 attach headers.doc
PROPERTY
OWNERS
ASSOCIATION
OF
RIVERSIDE
COUNTY
ExeCutive Director
Bruce A. Colbert
Post Or,ce Box 127
Riverside, California 92502
Tel: (909) 274-9899
Fax: (949) 673-1851
E-mail: colbed@concenaic.net
il UU/ U b LUU3 Ii)
Peter Thorson i~li~
AttOrney At Law
~ IlM, Ut ·
Richards, Watson,
P.O. Box 1059
Brea, CA 92822
Response to County of Riverside Correspondence to Cities Dated
September 12, 2003 Regarding Western Riverside County Multiple
Species Habitat Conservation Plan
Dear Peter:
The Property Owners Association of Riverside County would like to
provide you additiOnal facts to help you gain a better understanding of the
impacts on your city of the proposed Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP). We urge you to contrast
these facts with the letter to your City dated September 12, 2003 from the
County of Riverside. Regardless of County assurances, cities would be
held accountable to 'the wording of the MSHCP, Implementing
Agreement, and adopting resolutions and ordinances by state and federal
Wildlife Agencies. These written obligations and increased oversight of
your city bY the Wildlife Agencies should be evaluated as you decide
whether to participate in the proposed plan.
City Fiscal ImPacts
For cities that would be required to designate large areas as MSHCP
Conservation Area, we have found that the fiscal impacts of the MSHCP
would be enormous. The MSHCP would eliminate development of areas
previously designated for development within the city. As a result, cities
would lose the property tax revenue and sales tax revenue that they would
have received from development of those properties. Estimates show that
these cities would lose tens of millions to hundreds of millions of dollars
in revenue under the proposed MSHCP.
General Plan Consistency Requirements
Since the General Plan is the constitution for all future development, any
decision of the city affecting land use and development must be consistent
with the General Plan, Citizens of Goleta Valley v. Board of Supervisors,
52 Cal.3rd 553, 570 (1990). Because the MSHCP is a land use document
affecting the future development of cities, the MSHCP must be consistent
with each city's General Plan, before each city could adopt the MSHCP.
September 26, 2003
Page 2
All Ministerial and Discretionary Permits Would be Subject to the MSHCP
The MSHCP approved by the County, p.. 6-1 states, "A model resolution is attached as Exhibit
'H' to the MSHCP [Implementing Agreement] IA. The cities shall adopt an ordinance or
resolution in substantially the same form or at a minimum containing the same requirements as
the model ordinance or resolution."
Exhibit H, p. 2 states, "No project requiring a ministerial or discretionary permit or approval
shall be approved by the City, and no City-initiated project shall be undertaken, unless the
project is consistent with the MSHCP and this Resolution."
The cities would be held accountable to the terms of the MSHCP, Implementing Agreement, and
adopting resolutions and ordinances by the state and federal Wildlife Agencies (MSHCP IA,
Sections 11.1; 14.6, 23.5). These terms effectively make the MSHCP a citywide plan.
Revocation of Permits
The MSHCP IA, Section 23.5 states, "The Wildlife Agencies shall have the right to revoke or
suspend all or portions of the Permits." Revocation "may also be triggered by: 1) failure of a
Permittee to implement the Implementation Mechanisms adopted by that agency; 2) approval of
a proposed development or public project that significantly compromises the viability of the
MSHCP Conservation Area," or if the action "fails to substantially comply with the terms of the
MSHCP or this Agreement." Such revocation "may apply to the entire applicable Permit, or
only to a portion." The MSHCP, p. 6-15 states, "Any development application subsequently
approved by the County or Cities that precludes compliance with the MSHCP Conservation
'Criteria shall result in suspension or revocation of the Permits."
Need for Surveys
The MSHCP, p. 6-65 states, "For the amphibian, bird and mammal species, surveys shall be
conducted within the survey areas shown on Figures 6-3, 6-4 and 6-5, respectively." There are
no provisions in the MSHCP for the use of habitat assessments for: 1) riparian/riverine areas and
vernal pools (Section 6.1.2); 2) urban/wildlands interfaces (Section 6.1.4); 3) vegetation mapping
(Section 6.3.1); or 4) amphibian; bird and mammal species surveys (Section 6.3.2). The survey
area for just one species, Burrowing Owl, encompasses nearly all of western Riverside County.
The MSHCP, p, 6-47 states, "Proposed activities outside the Criteria Area shall be reviewed for
consistency with the Protection of Species Associated with Riparian/Riverine A/mas and Vemal
Pool guidelines, the Protection of Narrow Endemic Plant Species guidelines, and the Additional
Survey Needs and Procedures included in Section 6.1.2, 6.1.3 and 6.3.2, respectively." The
MSHCP, p. 6-63 states, "Surveys shall be conducted within suitable Habitat for the following
species." "For locations with positive survey results, 90% of those portions of the property that
provide for long-term Conservation value for the identified species shall be avoided" (MSHCP,
p. 6-65). Landowners outside the MSHCP Conservation Area could lose up to 90 percent of
their property for a non-endangered species, with no assurance of being compensated for their
economic losses.
September 26, 2003
Page 3
Regional Conservation Authority Process
The MSHCP, p. 6-79 states, "Duties of the Regional Conservation Authority shall include but
are not limited to the following: 1. Identify and make decisions on local Reserve Land
acquisitions...2. Identify and make decisions on local funding priorities." These duties give the
Regional Conservation Authority leverage to negotiate project approvals with cities. The
MSHCP, p. 6-84 concludes, "In the event the ad hoc committee is unable to reach a mutually
agreeable solution, and the Permittee intends to proceed with approval of the project, Regional
Conservation Authority staff shall notify the Wildlife Agencies of such action by Permittee
within fourteen (14) days. The Wildlife Agencies shall then have the right to revoke or suspend
all or portions of the Permits as set forth in Section 23.5 of the Implementing Agreement."
Resource Agency Review
The MSHCP process is far more burdensome than the current project approval process because it
encompasses extensive reviews of species not currently subject to review over an area exceeding
the actual habitats of species. The process takes up to three times longer to complete than the
current process, and creates an additional bureaucracy to second-guess the decisions of cities.
The project approval process would begin and end with the Wildlife Agencies, who would be
more involved in project reviews than ever before. The Wildlife Agencies would review every
project and every grading permit for every single-family home within the 310,000 Criteria Area
(MSHCP, pp. 6-7, 6-18, 6-83). Should there be a disagreement over the application of the
Conservation Criteria or a Criteria Refinement, the Wildlife Agencies must be consulted
(MSHCP, pp. 6-9, 6-75, 6-85). For properties requiring surveys in all of western Riverside
County, the Wildlife Agencies must be consulted prior to approval of a Biologically Equivalent
or Superior Preservation determination (MSHCP, p. 6-71). For every project, at the end of both
the city's project approval process and the Regional Conservation Authority review process, the
Wildlife. Agencies could revoke portions of the Permits for any of the reasons specified above in
Revocation of Permits (MSHCP, pp. 6-15, 6-84).
The MSHCP IA, Section 23.5 states, "The Wildlife Agencies shall have the right to revoke or
suspend all or portions of the Permits." Therefore, the Agencies could revoke the portions of the
Permits affecting only cities.
The Wildlife Agencies would monitor development in western Riverside County to impose a
"rough step" ratio of conserved land to developed land on the county. If the county does not
grow according to the ratio that the Wildlife Agencies wish, the Agencies can revoke the
Permits, overriding the County's and the cities' land use authority (MSHCP, pp. 6-9, 6-96, 8-23,
MSHCP IA, Section 23.5).
The proposed proiect review process constitutes an enormous overreach by the Wildlife
Agencies, and appears to be an attempt by the Wildlife Agencies to acquire power over local
governments.
September 26, 2003
Page 4
Regional Infrastructure
The principal reason given by Riverside County for undertaking the MSHCP has been that the
MSHCP would provide environmental mitigation for the County's future infrastructure
improvements. Yet, at the June 4, 2002 Board of Supervisors heating on the MSHCP, it was
learned that the MSHCP no longer mitigated for two transportation corridors - the Riverside
County to Orange County corridor and the Moreno Valley to San Bemardino corridor, and had
failed to provide mitigation coverage for the State Route 79 project. Only after political pressure
was brought to bear was coverage obtained for these infrastructure projects under the MSHCP.
The MSHCP stills fails to provide full coverage for the Cajalco/Ramona transportation corridor.
Also, the early involvement of the Wildlife Agencies in the County's planning process has
already led to the loss of an alternative north-south transportation corridor. The repeated failures
of the MSHCP to provide coverage for infrastructure improvements calls into question the need
for the MSHCP.
Mitigation Under the MSHCP
The use of a criteria-based approach by the MSHCP necessitates project-by-project negotiation
for properties within the 310,000-acre Criteria Area. Projects outside the Criteria Area that are
subject to the MSHCP would necessitate additional negotiations. The Habitat Acquisition and
Negotiation Strategy (MSHCP, Section 6.1.1) is written for this very purpose. The numerous
Wildlife Agencies reviews and the "revocation of Permits" provisions by the Wildlife Agencies
following each of the project negotiations have been provided to deal with the project-by-project
reviews.
Mitigation for Unlisted Species
The inclusion of non-endangered species such as bush rabbits, coyotes, bobcats, and turkey
vultures in the MSHCP serves only to extend the regulatory authority of the Wildlife Agencies,
not to preserve endangered species.
The County has expressed concem about the 10-year delay of County infrastructure projects
caused by the Delhi Sands Flower-Loving Fly. This delay could easily be repeated under the
MSHCP. In February 2003, the Center for Conservation Biology at the University of California-
Riverside announced that it is discovering hundreds of new insect species. These species are not
part of the County's proposed MSHCP. These species would eventually be reviewed to see if
any of them would need to be listed as endangered or threatened. As soon as one of these insect
species becomes listed, the County could be back to its 10-year delays for County projects.
Insufficient Funding
The Total Program Costs for the MSHCP are:
Local program costs (Sources: MSHCP & Nexus Report):
Unfunded program costs (Est. from MSHCP & Nexus Report)
Total Program Cost
$1.7 billion
$1.2 billion
$2.9 billion
September 26, 2003
Page 5
The local prograph costs are taken from the Western Riverside County Multiple Species Habitat
Conservation Plan, June 17, 2003, p. 8-3. The Additional Reserve Lands Acquisition costs were
updated by the using the Local Conservation Area Land Acquisition costs from the Executive
Summary Final Mitigation Fee Nexus Report for the Western Riverside County Multiple Species
Habitat Conservation Plan, July 1, 2003, p. ES-42.
The estimated funding shortfall of $1.2 billion for the MSHCP consists of a lack of federal and
state funding commitments to acquire 56,000 acres, creating an approximately $917 million
funding shortfall for acquisition costs and an additional approximately $277.million shortfall for
management costs. The Revised Administrative Review Draft Mitigation Fee Nexus Report for
the Western Riverside County Multiple Species Habitat Conservation Plan, May 6, 2003, p. 4-27
estimated the acquisition costs of 56,000 acres at $917 million. The Western Riverside County
Multiple Species Habitat Conservation Plan, June 17, 2003, p. 8-3 presents the costs of Preserve
Management, Adaptive Management, and Biological Monitoring, which amount tO a combined
cost of $4,939 per acre, and which would amount to $277 million for the unfunded 56,000 acres.
The Permits for the MSHCP are based upon the acquisition and management of.the entire
153,000-acre Conservation Area. The lack of state and federal funding for acquisition and
management may cause a failure to acquire and manage the full 153,000-acre Conservation
Area, which may compromise the viability of the MSHCP Conservation Area, which in turn may
cause a material breach of the MSHCP Implementation Agreement and a future revocation of the
Permits by the Wildlife Agencies, adding uncertainty to the viability of the MSHCP.
The County appears to display reluctance to build needed roadways, citing a lack of funding, and
typically does not proceed on infrastructure projects without first securing available state and
federal funding. Yet, the County appears to display wild abandon in proposing to spend
development fees on the least important issue to County residents - acquiring wildlife habitat,
and has not secured sufficient state and federal funding to complete the project.
Costs to Administer the Plan
A significant new administrative burden for city officials and staff would be created by the
additional MSHCP Criteria Area reviews, consistency reviews for discretionary and ministerial
permits, and determinations by the cities of project modifications that offer biologically
equivalent or superior prese~wation.
Regulatory Processes
A Special Area Management Plan (SAMP) for the San Jacinto River and Upper Santa Margarita
River Watersheds is currently being prepared, which allows the U.S. Army Corps of Engineers
to exceed its jurisdictional limits in identifying wetlands. The amount of land restricted by the
proposed SAMP could equal the amount of land restricted by the proposed MSHCP (MSHCP,
pp. 6-22 to 6-25, MSHCP IA, Sections 15.3 and 15.7).
The MSHCP IA, Section 14.9 states? the [U.S. Fish & Wildlife Service] USFWS shall ensure
that the [Federal Endangered Species Act] FESA biological opinion issued in connection with
September 26, 2003
Page 6
the proposed project that is the subject of the consultation is consistent with the internal FESA
biological opinion. Such project must be consistent with the terms and conditions of the MSHCP
and this Agreement." The consistency of the biological opinion for projects subject to the two
plans could result in an even greater bureaucratic burden for projects in the future.
Criteria Refinement Process
The Criteria Refinement Process was established to address instances where non-habitat areas
such as clay mines are called habitat by the MSHCP. Instead of simply co~ecting biological
reporting errors, the Criteria Refinement Process requires landowners to acquire additional lands
to replace misidentified habitat acreage (MSHCP, Section 6.5).
Property Owner Compensation
Private lands in the MSHCP reserve could lose up to 95 percent of their values if the proposed
MSHCP policies are adopted. Private lands would be restricted to uses compatible with
conservation criteria, causing the value of lands to plummet. Private lands that would have had a
much higher value in other uses would only have a fraction of that value by being designated as
habitat. Unless the County acquires private lands at fair market value, the economic losses to
landowners, caused by having private property designated as habitat for public use, would be
borne by landowners.
The MSHCP provides only half of the funding needed for the acquisition of the 153,000-acre
Conservation Area. Instead of ensuring monetary or non-monetary compensation to affected
landowners, landowners are merely placed on a waiting list indefinitely until acquisition funding
may become available (MSHCP, Section 6.1.1). Instead of waiting indefinitely for acquisition of
their properties, landowners may process a development application that ultimately may be
unacceptable to the Wildlife Agencies, resulting in the loss of the Permits for the project.' In this
process, the County has been exempted from the loss of its Permits. By establishing a process
that exempts the County from the consequences of a lack of funding, the County lacks an
incentive to insure that fimds would become available for landowners.
Before Adopting the MSHCP, California Environmental Quality Act (CEQA) Analysis is
Required by Each City
The Environmental Impact Report/Environmental Impact Statement (EIR/EIS) prepared by the
County for the MSHCP is not adequate for use by the cities as Responsible Agencies because the
EIR/EIS fails to analyze the MSHCP's impacts to each individual city. The EIR/EIS p. 1.5-8
states that analysis of the proposed MSHCP is based on the existing general plans of the cities
and the County..
Indemnity
Despite assurances of indemnification from the County, cities involved with other Joint Powers
Authorities have found that they are not as well indemnified as they were led to believe they
would be.
September 26, 2003
Page 7
Potential MSHCP Fee Increase
The MSHCP provides for increasing the MSHCP fee, which supplies the majority of funding for
the acquisition of habitat lands. The MSHCP, p. 4-14 states, "in the event that adequate regional
funding for the MSHCP is not provided, the Wildlife Agencies will assess the impact of the
funding deficiency on the scope and validity of the Take authorizations." "Pursuant to the No
Surprises Rule, the assurances by the USFWS in this section shall apply so long as the
commitments and provisions of the MSHCP, this Agreement and the Section 10(a) Permit are
properly implemented" (MSHCP IA, Section 14.12.2). "There will also be a provision for the
fee to be reevaluated and revised should it be found to insufficiently cover mitigation of new
Development" (MSHCP, p. 8-15).
"The Permittees.. :will develop any necessary modifications to the funding mechanisms to
address additional fimding needs" (MSHCP, p. 8-20). "Local Permittees will, to the extent
allowed by law and consistent with the legal requirements goveming local jurisdictions, respond
to additional funding needs" (MSHCP, p. 8-21). Riverside County Ordinance 810.2, Section 14
states, '°The Board of Supervisors may periodically review and cause an adjustment to be made
to the Western Riverside County Multiple Species Habitat .Conservation Plan Fee. [T]he Fee
may be increased...to reflect changes in actual and estimated costs of the lands to be acquired.
The adjustment in the Fee may also reflect...the availability or lack thereof of other funds with
which to acquire said lands."
We would be pleased to meet with you individually to answer any questions that you may have
and to provide additional information. Please feel free to contact me at (909) 274-9899.
Sincerely,
Brace Colbert, AICP
Executive Director
cc: Darren W. Stroud, Esq.
ATTACHMENT NO. 6
Rebuttal memorandum prepared by Best Best & Krieger on behalf of Riverside County
with regard to the letter submitted by the Property Owners Association of
Riverside County
R:~BROWNS\R C I PLMSHCP\council report 12-16-03 attach headers.doc
DEC-~3-2883 10:39 FROM TO 191~94G~ P. ~/12
......... ~ ,,.v, r~ aEST IU~$T & EItlE~ER I~005/011
RESPONS~ TO *~P_-PTEM~ER 12, 2003 LETTER i~ROM PROPERTy OWNERS
A~$OCIATION OF P. IV~RSR)£ COUNTY RE
MSHCP GENERAL PLAN CONSISTEnCy REQ~Ts
This document is intended to respond, on a point-by-point ba~, to thc third in a
s~es of bar'a~sin~ letters prepared ~ POA's Orange County lewye~s. Un~rtunnte~y,
like its pr~ POA'~ l~test mi~ve seems bent not on eccurately reflecting tl~ law
or ~c~ but on usiag liti~a6on a~ a scare ta~c to deter the Cities from approving the
~Genern~ Plan
The Propen, y Owners Association of RiverSide County ("POA") is again uying to
revive its meritless argument that the Western Riverside County Multiple-Species Habitat
Conservation Pl,~m ("..MSHCP') is ~ubject to general plan consistency requirements As
shown below, this is simply false. '
n petifionm, ~eliancc on the fact that Section 5.1.3 of the Environmental
Impa~t R~port / En~'komentel Impact Statement ('~IIUEI$") analyzes
the M~HCP'~ potential for ~ttibut/ng to ~qnulativ¢ impacts on Housing,
Population. and Employmeat is misplaced. The EIP,/EI$ ~lyzss these
potential irn~vts because they are appropriately considered under the
thresholds of~'igni6¢ance for CEQA and/or NEPA doe~unents.
App~l~x G lo State C~QA Guidelines.) The RIg/ElS appropriately
includes ~malysis of the M~I-~Cp's potentizl lone-term direct and indirect
~ff~'ts and r~ognizes that, due to tbs potential acquisition of conservation
lands in the Crit.eti~ Area. "in,eased u~onnization or intensifi¢~on of
land us, ma_v occur.., and may result in vommunity ~er lmp~-~ [in
other areas~'. (P-mplmis 'added) However, this doe~ not mean that the
MSHCP~itlelf ~ontrols what land u~es will be p~.mitted on who! parcels of
~ ,a~,..~Rath~ ~1 this a~dySiS ~nd~c~tes is that the hnp]emen~t~on OF the
~v~n~r process may, in the futute~ ultimately leed to intensification of'
development in certain ~'c~s that cannot now be identified,
· hi~ is nothing more than responsible environmen~ analysis of
end ressohably (oresc~a... bJe Ion&term impacts. Thc MSECP does not
establish any hard-llne reserve where private propmy must be acquired
f'or Conscrve~ion. Rather, the MSHCP e.~'tablishes a Criteria Area and sets
~. goal of'~g about hell of' tote] acreage within the Criteria Area ~or
Conse~ation (153,000 out of 310,000
obvi~u~lyl if'Co~iOn, land~ are acquired in one area by the l~ional
Conservation'Authority (~RCA') ara- following the wffiing sell~AvilUng
buy~ HANS procedur~ other area~ .may develop more intensely if
individual land usc jurisdictions believe that i~ e '
necessary pbmn~ng and zoning procedur~ to ~ccomplish this. (See, e.~.,
DEC-03-L::~}3 10:4~ FROM TO
............. o r~.~ ..BSST"B~ST~& I{RI£GER
P.[~1/12
1~007/011
Final EIP,/EIS p. 4.3-2.) For proposes or' environmental analysis, the
EIR/EI$ simply acknowledges this potential real~. However, the
MSHCP does 'not dictate tl~ any specific lands wi~ be acquired by tbs
RCA, (~haJ MSHCP, p. 3-1S; F~ ~S, p. 4.3-2.) lustea~, a
Critaia Area has been established that describes the seneral areas where
tho RCA ~ to acquire conservation property, Even more importantly,
zonjn~ and general plan des=~?~fious for propert~ either in or out of the
Criteri& Area are not ifiocrr~ed by the MSI-ICP, To the con.fy, each city
and the County retains fidl land use control and complete authorit~ to plea
for and zone property within its jurisdiction, no matter ii' Conservation
lands are acquired in tie Criteria Area or not. Thus, the MSHCP does not
dictate where, When or how development will occur. Accordingly, no
§~eral plan consistency ann!ysis is,required.
Second, the YOA's reference to Section 4,3.3 of'. the EII~IS is also
in~elevant because thc MSHCP does not dictate where, when or how
dcve{opment will occur. The M~HCP' does not ohanse any of the
impP~mcnfing agencies' zoning or General Plans and does not establish the
permissible land uses gor an~ identified parcel(s) ofpropen7.
Third, Section 7.4 0f the MSI-ICP ret'ers to comp~'ble uses on the MSHCP
Con~rvation Arma. The' POA letter confuses "Criteria Areas" with the
MSHCP "Conservation Ar~ . The MSHCP Conserv~on Area are those
l~nd}'that are a~ ,~u~'ed and put ~o conservation by the ~CA, the
County and'the Other MSHCP participants. (See MSHCP, §§ 3.2.], 3.2.2.)
Tho "Criteria Area~ is th~ more generalized area demarcated in the
MSHCP in which the RCA kopes to. acquire conservation property for
inclusion in the MSHCP Conseivation Am~, That the RCA, the Count~
and the P~icipatin~ Cities h~ve the l~ght to det~-u~inl~ what *compau'b]e
uses" will be allowab{e on c0mcrvation lends thai they now or will own is
specifically set forth in the MSHCP.
Fourth, 'as the POA well lmows, &e purpose of the MSHCP is to establish
a '~'/;ame~ork for compllaace with state nad federal enda~$ared species
lawi and ra~ml~ns tJ~ also accommodates future Srowth in we, stem
Riverside. CountT.:' (MSI-ICP, § 4:0; see also Implementing A~roemant, §
7,~.1.) The MSHCP does not dictate where development will occur, thc
intensity or character of such development, or the uses that will be
permitted on any particular piece'ofproperty. Instead, the MSHCP creates
a prq, cess for evaluatin$ and exploring options to conserve property in the
MSHCP plan Area for purposes of species and habitat conservation. Any
property tlat is nclvall¥ con~erved, however, will he the result ofjf/t~re
decisions by willing property owners and ~e land use decisions by
local .a~encies..Thus, dictatin~ the precise parcol(s) where development
will occur is neither the purpose nor the result oftbe MSHCP, Land use
decisions remain in the hands of local jurisdictions.
111CT-02-2~,~ l?S 08
DEC-03-2003 10:40 FROM TO 1909E,9464~7~
P.09/12
[~00S/011
The ?OA's reading of' C/~ens of Goleta Falley v. ~oazd of Su~e~vi~ors,
(1990) 52 Cal.3d 553, to reqai~e General Ea~ conaistcn~-y requirements
for'"tmY, d~cI~fon. . ; affecg~ng land u~e and development" is ova'broad.
~ach. of the' cases requiring General Plan consistency findings
'invo!ved an agenCY's decision tlnt specified ~e land use on particular
,~lece($) of,t~,t~'0,. (~u~la~-~ ~ ~. $,,~erio~ C~n (19'/4) 13 Cal.3d
225 (zonin~ ordlnenceO; E~h~o~hoo8.4c~'on G~o~.~ ~. C~r~t~
Ce~ver~.e (]91M) 156 Cal. App.3d 1176 (conditional use permits nnd
23 Cel. App.4th 704 (subdivision maps); ~a Ci~f~e~for Ho~f Gow. v.
.N'~ee Co~l/~ ~a[ of ~upe,=t~or$(200l) 91 Ca].App.4th 342 (specLflc
plans); $~ ,Fr~L~c~ [~Ae~ng t/~ Do~etown }>kin ~. Cf~ &
of,~ ~r~ci~co (2002) 102'Cal. App.4th 656 (redevelopment ]~ojects).)
These cases are al! f'actoa]ly distinguishable bccausc they involv~ lend
usc. decisions that were suu,~t to he implemented os
~...l(.0 or 7~'OT~r~('f~). ~ stark cont~t to the lend use decisions
c~allensed: in. ~hosc ces~ the MSHCP does not §ovcm how, when, or
where development will occur.
Moreover, no local, .state or federal hw requires habitat comenrdlion plans
or. o~.er progarns, that establish a procedure for compliance with the
Federal and State. Endangered Species Acts to contain ~ndings of Oaneral
Plan consistency. The POA and their attorneys have cited no~ng to
cont~, n~r can they, because hi) such law exists.
In 197!,:.;the, california LeSislatuse made consistency with the general plan
a teqtarement for fha .approval of'mhd§visions. Since that lime, the
Legislature has .oontinued to add consistency requirements to California's
planning, and land' use. laws, 'Today, santa law expres.~ly requ~e$
mandatory general plan consistency fadings for aun~ro~ planning and
land use decisions, e.§., zoning'laws (Govt. Code § 65s60), specific plans
(Govt. Cede § 65454), 'SUbdivisions (Govt. Code §§ 66474 and 66474.61),
redeVelopmeni plans (Hlth.' & Saf. Code § 33531), agricultural preserves
(Govt. Code § 512~4)~ development agreements (Govt. Code § 66427.2),
solid waste management plans (Pub. Res. Code §§ 41701-4170],
41710(a), 41711, and 41'/20), housing authority projects ('}flth.& Sa.al.
Code § 3!326),.'on-site wastewater disposal zones (l-llth. & Sar. Code
6~65), local c0astal prog~ms'(l~b. Res. Code § 30513), and tran~,t
vilIa~e'.d~elo, p~ient' pians (Govt. Code §654~0. S). l~or each of these
a~on.~ When the "L~dature has determined that the action must be
consistent with ~e appliCable general plan, the Leiislatm'e has expressly
stated the consistency requirement.
The MSHCP is a'.habltas ~ouservatlon plan developed and approved by the
~ifies and county pursuant.to the federal Enda~ered Species Act and
DEC-O3-L:~3 10:40 FROH TO lC-~cJ69464"~ P.10/12
California Natural Community Conservation
~ NC~ ~ r~cs ~at a h~i~t ~n~atiun pl~ ~d its
i~lemg~g a~t m~ ~ ~nd~o~, such ~ ~t~i~ag a
pr~on ~t .d~ t~e g~p~c scope ~ ~ ~as~a~n pi~ng
~. ~h · ~e Code 2810~2).) ~e NCCP ~ ~so req~ns
~ ~gs be m~ b~re a ~bitat ~agon plan ~ appr~ed.
~ish & ~e Code ~ 2820.) None of ~e ~n~ons or ~ r~uk~
~r ado~on of a ~{tat ~tion plan und~ ~e NC~ ~ ~es a
d~on of~ p~ co~i~. ~e NCCP ~t ~ ~ in
1991 ~d ov~ h 200~ ~
induing ~i~cy r~emen~ ~ s~te ~i~ - but ~ ~sl~e
If the Legislal~,~re 'had wanl~,d to require several plan consistency for
habit'at cohservati0n plans, it could and would have expressly stated this
requirement in ~h~ NCCP Act, like it has' for dozens of other planning
stetutes. On two separate ocCasions ~he Legislature chose not m. impose
such a ~equireme~t. l~onetheles~, POA is now attempting to rewrite the
NCCP ACt.with i~ own strained interpretation of inapplicable case law.
This ~re~iun cannot be
Finally,' adoption °fthe'MSHCP by r~olution is undeniably a legislative
act because it embli~hes, rules, policies, and standards of' general
applicability for wildlifc end habitat conservation. (FZ, FZ, Z)e~m &
,4~ociale$ v. Cf~ of $o~lh ,~n Fr~isco (1987) 190 CaLApp.3d 1368,
1377'[adoptio~ ~t' habita! .conservation plea and related implementation
agriement is undi;sputed legislative act].) As a legislative act, findings are
not required unless a state statute or local ordinance requires findings.
(See Mo~m'~ De~e l.e~we v. ~o~d
CaI.App.3d 723~ 732, fo. 5.) There are no stale statutes or local ordinances
that require f~dings for the adoption of the MSHCP.
Res~onsib!e A~encies' Co~id,erafion o,f the MS,~CP
/n a blatant attempt to coa!'use. ~he Cities about their obligations as responsible
agencies under CEQA, the POA's memorandum grossly misstates both the law and the
~ pOA'falseiy implies ~hat it is improper for the Cities' CEQA tndings
to incorporete the County's t~ndings by reference rather ~han restating
those ~li.'nSs in detail. Wl~e POA's argurnen~ elevates form over
sub~tance, CEQA docs not impose such an absurd constraint on publi~
agencies. discretion. In. fact, CEQA prcs~bes no particular form for ·
lead. or.responsible ngoncy's findings.. All that is required of CEQA
findings is: (1) they must contain the ultimate finding regarding the
4
DEC-O3-2003 10:41 FROM TO 19096946477~
P.11/12
I~010/011
OCT-IB2,.-200]
siSn~ficance bye/.of e~ch of the project's potP.~al ~o~ impa~s
(s~ ~bliG ~o~s Coda ~ 23081), (2) ~ey must be suppo~ by
mb~t~.~d~ in ~ ~e~rd ~ a whole, ud (3) ~e ~cy m~
pr~ s~ e~l~fi.~ ~ bridge ~e 1o~ g~ b~ ~ ~ate
fi~ ~ ~ ~c~ ~ ~e rec~d, (S~e ~QA ~ideUn~ ~ 1~091(c).)
~ts, ~ Cifi~' r~onsible ag~ find~ ~y a~rop~ately
inco~me ~c Co~s find~Ss - ~ ~y oth~ rel~t ~m~ - by
r~~ (Se~ e.g., Off~ Home~erz' Co~uee v. Co~ CoUa
C~ 0970) Il C~.~p.~d 768 ~o~d of ~p~sors' ~ ~
~e bo~d, ~d ~he ~gs of ~e pl~ing m~ion mbs~y
~eg0,(~0S4)~lsf C~.A~,~ to~7 [~di.ss ~ov~ for a ~ P~
m~ by mf~]~ .~o ~ F~ B~eau Cemer v. C~ of
$o~ (1992) 5 ~.~p.~ ~51, ~77 [~cafion of ~ dee~ to
As a maUer of'law, the Cities cannot reopen ~he analysis of the EiR at this
elewnth houY. Thc Cities are responsible agencies for d~e ~vI~HCP. Once
the s~a~ute of limkations for challenging ',he lead agency's E]R has
exp!r~d, res]x)r~sibl~ ag~¢ie~ arc bound by that EIK By failin~ m t~Ic
~ui~ the rezpon~ible agency is deemed ~o ;;dye waived any objecEo~ ~o the
adequa~, of the F..IR. (State CEQA .Guidelines, § 1~096(e); Pub. Res,
Code, §§2.1080.1, 2~16%2.) ' l~oae of'the Cities filed suit. At this
juncture, CEQA ammihtes'that the EI~ 'shall be conclusively presumed to
comply [with CEQA} for pUrPOses of its use by responsible agencies."
(Stute CEQA Guidelinis §9' 15096(e)(2), 15231; Pub. Res. Code, §
21167.2; Cit~ of Raddt'~g v. Sha,sla ColmO~ Local ,4ge~c~ Forlrtatio~
Comm~ (1959) 20~ (~!..AR0.3d 1169, ! !78, ! 179 [Public Resources Code
prohibits responsible aSe~cies fi.om, challengiag the lead ageacy's
envitoma.ental doenm~nt].) Despite POA's wild assertions, the Odes
¢..a~. ot now question the v~lidity 0fthe aralysis in the MSHCP's F-IR/F. iS.
Nor ~au ~ CitieS. legal, y require tun~ eavironmental amlysis of the
' ~SECP!s supposed eavironmental impacts. A ~espoasible agency ca~
order the preparaiion of further eavlronmental analysis only when: (1)
Substantial cha~ges are proposed i~ the Froject; (2) Subsmatial chan~es
occur wi& respect to .the circumstances under which the project is
undert.ake~; 'or (3) N~w iaform~ion'"of substential imporu~ce" is
discovered, arid thi. iltformMion was not known and could not have been
lalowa with the.exercise of reasonable diligence at the tflae the EI~ was
certified. (Pub. Res. Code,'§§ 21166, 2116/.2; State CEQA Guidelines §§
~EC-03-2003 t0:41 FROH
TO 19096946477~
P. 12/12
~Oi.T/Oi! '
15162, 15231.) None of those 'con. OhS have been met Therefore, the
responsible .agencies cannot impose any forthcr envbomnentaJ review of
the MSHCP. ·
Tbs I~IR~IS adequately' analyzed all of the MSHCt"s potential
environmental impacts, iaeluding'the potemial for the Plan to result in
increased urban~fion or intensification of/and use in some areas and
resultant community character impacts[ To the extent that such analysis is
now posm'ble, the EIR~IS examined these impacts throughout the
MSHCP Plan Area, including the incoq~orated territory of' each of the
fourteen parti~iparing C/ties,
In an apparent attempt tEmislead the Cities about their legal obligations to
contimie..pro~iessing applications while litigation is p~tfi,g, the POA's
response selectively cites only ccrUin portions of'Public Resources Code
section 21167.3... When litigation has been filed to challenge an EIR,
responsible agencies must continue.to pro~ess the applications for project
approval unless the coun issues a stay.or an injunction. (Pub. Res. Code,
§ 2H~7.3.) .' P(~.. conten~ that ?.he responsible agency's 'conditional
approyal [of. the project] shall constitute permission to proceed.., when
and olily wl~n [the litigation] results in a final determination that the
environmental impact rapon or negative declaration does comply [with
CEQA]." (l~. Res. Code, § 21167:~(a).) This is true'on/y ia those cases
· F-es. ~ode, § 21167.~(a).) Here, none of the plaintiffs ha.~ s~ughI[
and no Cou~ has issued, any stay or injunction prol~'biting the Cities fi.om
adopting the MSHCP. Thus, this case - like the va~ majority of CEQA
challenges - i.s governed by Public Resources Code section 21167.~,
subdiyision ('0): 'In the event that [litigation] is commenced as described
in subdivi'sion (a}, but no'in~unktion or' similar relief is sought ~_~d granted,
responsible agencies shall assume that the environmental impact report or
negative d ..ef, lai-afion for'the project does comply with [CF.,QA] .... Such
approval shall ~0nstilute permission to proceed with the project at thc
applicant*s risk pending final determination of such action or proceeding.'*
Under these circumstances, CEQA expressly dictates that pending
lifiga, tion does .not automatically hold up project approval; responsible
agencics:mun'proceed'to process the applications before then~
6
OCT-O2-2.E)I~ t7:10
ATTACHMENT NO. 7
Letter from Nossaman, Guthner, Knox & Elliott, LLP in opposition to the adoption of the
MSHCP
R:~ROWNS\R C I PLMSHCP\council report 12-16-03 attach headers.doc
445 SOUTH FIGUEROA STREET
LOS ANGELES, CA 90071-1602
LAW OFFICES
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
9U~TE 1600
18105 VON KARMAN AVENUE
IRVINE, CALIFORNIA 92612-0177
DARREN W. 8TROUD
DIRECT DIAL HUIdSER
(949) 477-7661
August 26, 2003
VIA FAcsIMILE~ O~~GHT DELIVERY
RECEIVED
AUG 2 9 2003
CITY oMFAFNi~ER'S
REFER TO FILE NUMBER
280604-0001
Board of Superv'.~ors '
County of Rij~side
County A~nistrative Center
4080 Le.)~ton Street - 5th Floor
Riv~ndde, California 92501
26, 2003, of Supervisors Agenda Item No. 13.1, Adoption
Re:
August
Board
of Resolution 2003- 7t Approval of the Western Riverside Counq,
Multiple Species Habitat Conservation Plan/Natural Community,
Conservation Plan ("MSHCP'9 and Its Implementation Agreement and
Adoption of CEOA Findings and a $!~tement of Overridim,
Considerations
Dear Honorable Board of Supervisors:
We represent numerous Petitioners/Plaintiffs in a recently filed suit r~ ~e Riverside
County Superior COurt; Case No. RIC 396565, against Riverside County and the Board of
Supervisors (collectively, the "County"), challenging the County's June 17, 2003, approval of
the MSHCP and the Implementing Agreement, as well as the certification of the Environmental
Impact Report ("EIR") for the MSHCP, pursuant to Resolution No. 2003-299.
The Petitioners have challenged the County's June 17, 2003, actions on a number of
grounds, including, among other things, that the MSHCP: violates CEQA; is inconsistent with
the County's General Plan, and is thus, null, void on its face, ultra vires~..~_of.n_9_le~,al validity,
force, or effect; violates the Subdivision Map Act, the Permit Streamlining Act, the California
Public Records Act, the Brown Act, the Cortese-Knox-Hertzberg Local Government
Reorganization Act, the Williamson Act, and the Right-To-Farm laws; constitutes an
unconstitutional facial taking of property, exaction, and de facto zoning; constitutes an illegal
moratorium; creates unconstitutional preeondemnation blight over properties; and violates
property owners' civil fights (i.e., substantive due process, procedural due process, equal
232694_1.DOC
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
Riverside County Board of Supervisors
Riverside, California 92501
Page 2
protection, freedom of speech, and impairment of existing private contracts). This is but one of
three suits challenging the County's approval of the MSHCP on similar grounds.
Despite the pending suit and the numerous deficiencies and inadequacies associated with
the MSHCP and the EIR, rendering the County's June 17, 2003, actions of approving the
MSHCP and Implementing Agreement, as well as certifying the EIR, improper and illegal, the
County is nonetheless determined to repeat its past mistakes in its capacity as the Board of
Directors of the County Regional Park and Open Space District, by again approving the MSHCP
and Implementing Agreement, as well as certifying the EIR.
Until the County has properly corrected the numerous deficiencies and inadequacies
associated with the MSHCP and the EIR as identified by the Petitioners in its suit, the Petitioners
request that the County to immediately stop any and all implementation of the MSHCP,
including this action. Additionally, as detailed in Petitioners August 14, 2003, letter, the County
should rescind MSHCP approval until the MSHCP is consistent with the County's current
General Plan.
We request that these comments along with the Petitioners' March 22, 2002, January 15,
2003, January 28, 2003, March 7, 2003, March 31, 2003, June 16, 2003, and August 14, 2003,
comments on the MSHCP and/or EIR be placed in the Administrative Record for this proposed
action. The Petitioners incorporate by reference the memoranda and their attachments that have
been submitted by John C. Condas and Richard Myshak to the County on the MSHCP. These
memoranda are dated January 29, 2003, January 15, 2003, October 4, 2002, September 30, 2002,
and September 26, 2002. Petitioners further incorporate by reference its Public Record Act
("PRA") requests to the County dated May 2, 2002 and October 8, 2002, to the County, PRA
request to University of California Riverside, dated October 8, 2002, and its Freedom of
Information Act request to the U.S. Fish & Wildlife Service dated October 8, 2002.
The'Petitioners also incorporate by reference its comments of April 4, 2003, and October
4, 2002, on the County's Draft Program EIR for the General Plan Amendment, as well as its
comments of November 15, 2002, on the Riverside County Transportation Commission's Draft
Tier 1 EIS/EIR for the Community Environmental and Transportation Acceptability Program
Hemet/Corona to Lake Elsinore Multi-Modal Transportation Corridor.
232694_1.DOC
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
Riverside County Board of Supervisors
Riverside, California 92fi01
Page 3
DWSI
Please contact us if you have any questions.
Very truly yours,
for NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
$ohn C. Condas, Esq.
Michelle Ouelette, Esq. (via U.S. mail)
Mr. Richard K. Lashbrook (via U.S. mail)
Ms. Kristi Lovelady (via U.S. mail)
Mr. Jim Bm'tel (via U.S. mail)
Mr. Ronald D. Rempel (via U.S. mail)
City Council, City of Lake Elsinore (via U.S. mail)
City Council, City of Corona (via U.S. mail) ~
City Council, City of Temeeula (via U.S. mail)v/
City Council, City of Murrieta (via U.S. mail)
City Council, City of Canyon Lake (via U.S. mail)
City Council, City of Norco (via U.S. mail)
City Council, City of Riverside (via U.S. mail)
City Council, City of Moreno Valley (via U.S. mail)
City Council, City of Banning (via U.S. mail)
City Council, City of Beaumont (via U.S. mail)
City Council, City of Calimesa (via U.S. mail)
City Council, City of Perris (via U.S. mail)
City Council, City of Hemet (via U.S. mail)
City Council, City of San Jacinto (via U.S. mail)
John C. Condas, Esq.
232694_1.DOC
ATTACHMENT NO. 8
Letter in Support of the MSHCP from the California Hispanic Chamber of
Commerce
R:~BROWNS\R C 1 PhMSHCP\council report 12-16-03 attach headers.doc
0CT-22-2003 WED 04:08 PM FRX NO, P, 02
October 22, 2003
City of Temecula
43200 Business Park Drive
P-O, Box 9033
Tcmccula, Califoraia 92589-9033
Dear Mayor and CouncU Members,
On behalf of Hispanos Unidos, a coalition fearn_ring every Riverside County Hispanic chambers of eomm~ee, I wan[ to
urge the City of Temecula to adopt Riverside County's Multi. Species Habitat Conservation Plan OVISHCP),
Om* coalition includes the Southwest Riverside County Hispanic Chambers of Commerce, which represents the City of
Tcmecuia. It is unprecedented to have every Hispanic chamber of commerc~ in R/verside County behind a single effort, but
we are compelled [o work together because of the tremendous b~'nefits the plan can have for the Hispanic community.
The MSHCP will satisfy requirements of the Endangere~ Species Act (BSA) so that Temecula can bet~r meet the demands
of its growing population. Adhering to the ESA will avoid costly delays to critical construction projects such as roads,
homes, schools and employment centers.
The MSHCP will help provide local transportation improvements, spark business grow~ and help provide greater housing
availabiUty. It also encourages economic growth by establishing certainty for future basin~.ss expansion effort.
Once again, we urge the City of Temeoula to adopt the MSHCP. Thank you for yaur consideration.
Sincerely,
Aurelio Aguirre
Vice-Chair, Inland Empire,
California Hispanic Chambers of Comngrco
Founder, Hispanos Unidos
ITEM 16
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINA~C.E /,~/"A.,~
CITY MANAGER /~I~) [
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Jim O'Grady, Assistant City Manager
December 16, 2003
Auto Mall Expansion Development Agreement (PA03-0565)
PREPARED BY: David Hogan, Principal Planner
RECOMMENDATION: The Planning Commission recommends that the City Council:
1. Approve a Resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE NEGATIVE DECLARATION FOR
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND NORTH PLAZA, LLC REGARDING THE
AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03-
0565)
2. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY OF TEMECULA APPROVING
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND NORTH PLAZA, LLC REGARDING THE
AUTO MALL PROPERTIES (PLANNING APPLICATION NO.
03-0565)
BACKGROUND: The project consists of a Development Agreement between the City of
Temecula and North Plaza LLC to ensure the future expansion of the Temecula Auto Mall along
Ynez Road and provide the right-of-way for the extension of Rancho Way. Rancho Way is a
General Plan level roadway that will connect Diaz and Margarita Roads. This General Plan
roadway will parallel Rancho California Road providing a route for local traffic to cross Interstate
15. The specific deal points for this Development Agreement are described below. A copy of
the Development Agreement is contained in Attachment No. 3.
R:\d a\auto mall\staff report cc.doc 1
In this Development Agreement the Owner agrees to do the following:
1. To limit development north of the Empire Creek channel (except for the parcel at the
northwest corner of Rancho Way and Ynez Road) to new automobile sales and other uses
consistent with the Service Commercial Zone.
2. To install the necessary stream channel improvements that are needed for the future
development of these sites. (Improvements not needed to develop these properties and
related to the future construction of Rancho Way will be the responsibility of the City of
Temecula.)
3. To pay Development Impact Fee (DIF) and Transportation Uniform Mitigation Fee as
development occurs. A partial DIF credit for medians is authorized for any median
improvements completed as well as credits for the future Rancho Way traffic signal.
4. To install all onsite improvements and traffic signals.
5. To dedicate right-of-way for Rancho Way and Empire Creek.
6. To process and record a lot line adjustment.
In this Development Agreement the City of Temecula agrees to do the following:
1. To freeze the DIF at current (July, 2003) levels until July 1,2006.
2. To void the existing Subdivision Improvement Agreement. (The infrastructure
improvements required by the subdivision agreement are being addressed through the
provisions of the Development Agreement.)
3. To construct any additional improvements to the Empire Creek channel, if necessary, for
the construction of Rancho Way.
4. The City may terminate the Agreement if a minimum of 20 acres are not sold for auto
related uses by May 1, 2004.
The proposed Development Agreement is consistent with the adopted City General Plan.
Specifically the proposed Agreement implements the Circulation and Economic Development
Elements through the dedication of the right-of-way for the extension of Rancho Way and the
continued expansion of the auto mall that generates sales tax revenues for the City.
An Initial Environmental Study (lES) checklist was prepared for this project. Based upon the
analysis contained in the checklist, a Negative Declaration was prepared. The project is very
general in nature does not approve specific development that is not already allowable by the
General Plan, Development Code, and approved Parcel Map 23496. When specific
development proposals are submitted, these detailed projects will receive appropriate
environmental review. The lES and Notice of Intent to Adopt a Negative Declaration was
circulated for public review between November 20 and December 16, 2003. A copy of the Initial
Study Checklist is contained in Attachment No. 6.
The Planning Commission considered this item on December 3, 2003. At the hearing, the
Commission had no concerns with the proposed Agreement and voted unanimously to
recommend its approval to the City Council. A copy of the Planning Commission Resolution is
contained in Attachment No. 4.
R:\D A~Auto Mall\Staff Report CC.doc 2
FISCAL IMPACT:
There will be no immediate fiscal impact with the approval of this Development Agreement.
However, once established, new car dealerships typically generate on the order of $200,000 per
year of sales taxes to the local government. Finally, the construction of the Empire Creek
improvements, if needed, are expected to cost approximately $1 million in current dollars. Any
future improvements to the channel would occur simultaneously with the construction of Rancho
Way.
ATFACHMENTS:
2.
3.
4.
5.
Draft Resolution
Draft Ordinance
Proposed Development Agreement
Planning Commission Resolution
Initial Environmental Study
R:\D A~Auto Mall\Staff Report CC.doc 3
ATFACHMENT NO. 1
DRAFT COUNCIL RESOLUTION
R:\D A~Auto Mall\Staff Report CC.doc 4
FOLLOWS:
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE NEGATIVE DECLARATION FOR
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND NORTH PLAZA, LLC REGARDING THE
AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03-
o565)
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS
Section 1. Procedural History. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. On December 18, 1990, the City Council approved Parcel Map No. 23496
for the subdivision of 42 acres of property for commercial purposes, which property is generally
located on the west side of Ynez Road, north of the Empire Creek Channel, and south of the
existing auto mall (the "Property"). Parcel Map No. 23496 was subsequently recorded on
December 21, 2003. The conditions of approval for Parcel Map No. 23496 require the
construction of certain on-site and off-site public improvements on the Property. On August 13,
1996, North Plaza, LLC ("Owner") entered into a revised Subdivision Improvement Agreement
with the City and the City accepted substitute surety bonds for the completion of the
improvements.
B. In accordance with the procedures specified in City Resolution 91-52 and
the Development Code, Owner filed Planning Application No. 03-0565 with the City for approval
of a development agreement regarding the Property ("Development Agreement").
C. Government Code Section 65864 authorizes the 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 quality
development 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.
D. On December 3, 2003, the Planning Commission held a duly noticed
public hearing on the Negative Declaration regarding the Development Agreement and the
proposed Development Agreement, at which time all persons interested in the Negative
Declaration and the proposed Development Agreement had the opportunity to and did address
the Planning Commission on these matters. Following consideration of the entire record of
information received at the public hearing and due consideration of the proposed Development
Agreement, the Planning Commission adopted PC Resolution No. 2003-062 recommending that
the City Council adopt the Negative Declaration for the Development Agreement and approve
the proposed Development Agreement.
R:\D A~Auto Mall\CC Resolution. DOC 1
E. On December 16, 2003, the City Council held a duly noticed public
hearing on the Negative Declaration regarding the Development Agreement and the proposed
Development Agreement, at which time all persons interested in the Negative Declaration and
the proposed Development Agreement had the opportunity to and did address the City Council
on these matters.
Section 2. Environmental Findinqs. The City Council hereby makes the following
environmental findings and determinations in connection with the approval of the Development
Agreement (the "Project"):
A. Pursuant to California Environmental Quality Act ("CEQA") and the City's
Ioca~ CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects
of the approval of the Development Agreement (the "Project"). Based upon the findings
contained in that Study, City staff determined that there was no substantial evidence that the
Project could have a significant effect on the environment and a Negative Declaration was
prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Negative Declaration as required by law. The public comment
period commenced on November 20, 2003 and expired on December 16, 2003. Copies of the
documents have been available for public review and inspection at the offices of the Department
of Community Development, located at City Hall, 43200 Business Park Drive, Temecula,
California 92589.
C. The City Council has reviewed the Negative Declaration and all
comments received regarding the Negative Declaration prior to and at the December 16, 2003
public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration
was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project witl
have a significant effect on the environment; and (3) the Negative Declaration reflects the
independent judgment and analysis of the City Council.
Section 3. Based on the findings set forth in this Resolution, the City Council hereby
adopts the Negative Declaration prepared for the Project.
Section 4. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
this 16th day of December, 2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
R:\D A~Auto Mall\CO Resolution. DOC 2
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. 03- was duly and regularly 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:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMO
City Clerk
R:\D A~Auto Mall\CC Resolution. DOC 3
AMENDMENT NO. 2
DRAFT COUNCIL ORDINANCE
R:\D A~Auto Mall\Staff Report Ce.doc 5
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY OF TEMECULA APPROVING
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND NORTH PLAZA, LLC REGARDING THE
AUTO MALL PROPERTIES (PLANNING APPLICATION NO.
03-0565)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural History. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. On December 18, 1990, the City Council approved Parcel Map No. 23496
for the subdivision of 42 acres of property for commercial purposes, which property is generally
located on the west side of Ynez Road, north of the Empire Creek Channel, and south of the
existing auto mall (the "Property"). Parcel Map No. 23496 was subsequently recorded on
December 21, 2003. The conditions of approval for Parcel Map No. 23496 require the
construction of certain on-site and off-site public improvements on the Property. On August 13,
1996, North Plaza, LLC ("Owner") entered into a revised Subdivision Improvement Agreement
with the City and the City accepted substitute surety bonds for the completion of the
improvements.
B. In accordance with the procedures specified in City Resolution 91-52 and
the Development Code, Owner filed Planning Application No. 03-0565 with the City for approval
of a development agreement regarding the Property ("Development Agreement").
C. Government Code Section 65864 authorizes the 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 quality
development 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.
D. On December 3, 2003, the Planning Commission held a duly noticed
public hearing on the Negative Declaration regarding the Development Agreement and the
proposed Development Agreement, at which time all persons interested in the Negative
Declaration and the proposed Development Agreement had the opportunity to and did address
the Planning Commission on these matters. Following consideration of the entire record of
information received at the public hearing and due consideration of the proposed Development
Agreement, the Planning Commission adopted PC Resolution No. 2003-062 recommending that
the City Council adopt the Negative Declaration for the Development Agreement and approve
the proposed Development Agreement.
R:\D A~uto Mail, CC Ordinance. DOC 1
E. On December 16, 2003, the City Council held a duly noticed public
hearing on the Negative Declaration regarding the Development Agreement and the proposed
Development Agreement, at which time all persons interested in the Negative Declaration and
the proposed Development Agreement had the opportunity to and did address the City Council
on these matters.
F. Following consideration of the entire record of information received at the
public hearing and due consideration of the Negative Declaration and proposed Development
Agreement, the City Council adopted Resolution No. 03-__, by which it adopted the Negative
Declaration for the Development Agreement. The Negative Declaration accurately addresses
the impacts associated with the adoption of this Ordinance.
Section 2. Findinqs. The City Council further finds, determines and declares that:
A. 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, the City intends, by way of the
Development Agreement, to give assurance to the Owner that Owner can proceed with the
development of the Project for the Term of the Development Agreement pursuant to the terms
and conditions of the Development Agreement and in accordance with the City's General Plan,
ordinances, policies, rules and regulations, as set forth in the Development Agreement. In
reliance on the City's covenants in the Development Agreement concerning the development of
the Property, Owner has and will in the future incur substantial costs in site preparation and the
construction and installation of major infrastructure and facilities in order to make the Project
feasible.
B. The Development Agreement implements the goals and policies of the
City's General Plan, provides balanced and diversified land uses, and imposes appropriate
standards and requirements with respect to land development and usage in order to maintain
the overall quality of life and the environment within the City.
C. 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 concludes that the Project is in the best interests of the City and is not
detrimental to the health, safety and general welfare of the City.
D. The Development Agreement is consistent with the City's General Plan,
and each Element thereof, and constitutes a present valid exercise of the City's police power.
E. The Development Agreement is being entered into pursuant to and in
compliance with the requirements of Government Code Section 65867.
F. All legal prerequisites to the adoption of this Ordinance have occurred.
Section 3. Adoption of Development Aqreement. Based on the findings set forth in
this Ordinance, the City Council hereby approves the Development Agreement and authorizes
the Mayor to execute said Agreement on behalf of the City in substantially the form contained in
Attachment "A," attached hereto and incorporated herein by this reference as though set forth in
full.
R:\D A~Auto Mall\CC Ordinance. DOC 2
Section 4. Severability. If any sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this Ordinance. The City Council hereby declares that it
would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of
the fact that any one or more sentences, clauses or phrases be declared unconstitutional or
otherwise invalid.
Section 5. Certification. The City Clerk of the City of Temecula shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published in the
manner required by law.
Section 6. Recordation. The City Clerk is hereby directed to record a copy of the
Development Agreement in the Riverside County Recorder's Office not later than ten (10) days
after the Development Agreement has been executed.
PASSED, APPROVED AND ADOPTED this 16th day of December 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, California, 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 __ day of ., 2003, and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council of the
City of Temecula on the day of ,2003 by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\D A~Auto Mail\CC Ordinance. DOC 3
AMENDMENT NO. 3
PROPOSED DEVELOPMENT AGREEMENT
R:\D A~Auto Mall\Staff Report CC.doc 6
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, Califomia 92589-9033
Attn: City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
DEVELOPMENT AGREEMENT
AUTO MALL PROPERTIES
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of
December 16, 2003 ("Agreement Date"), by and between NORTH PLAZA, LLC, a California
limited liability company (hereinafter "OWNER"), and the CITY OF TEMECULA, a municipal
corporation, organized and existing under the laws of the State of California (hereinafter
"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.
RECITALS
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 Recitals.
744368.11 December 12, 2003 - I -
B. The Development Agreement Legislation authorizes the 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 quality
development 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
development to the consumer; provide assurance to the applicants for development projects that
they may proceed with their projects in accordance with defined 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 CITY of Temecula,
the County of Riverside, State of California (the "Property"), as more particularly described in
Exhibit "A" attached hereto and made a part hereof. The Property is approximately forty-two
(42) acres. Exhibit A shows the current parcels on the Property and Exhibit H shows the
proposed parcels for the Property. OWNER desires to develop the Property in accordance with
the provisions of this Agreement, the applicable regulations of the CITY of Temecula and those
regulations of other agencies exercising jurisdiction upon the project.
D. On December 18, 1990, the CITY Council of the City of Temecula approved
Parcel Map No. 23496, which was recorded on December 21, 1990. The conditions of approval
for Parcel Map 23496 require the construction of certain on-site and off-site public
improvements. On August 13, 1996, the OWNER entered into a revised Subdivision
Improvement Agreement and the City accepted substitute surety bonds for the completion of the
Improvements.
E OWNER has applied for, and the 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 the CITY, create a development project sensitive to human needs and values, facilitate
efficient traffic circulation, and provide for the development of the Property in accordance with
the best interests of the City.
F. The following actions were taken with respect to this Agreement and the Project:
1. On December 3, 2003, following a duly noticed and conducted public
hearing, the CITY Planning Commission recommended that the CITY Council approve this
Agreement;
2. On December 16, 2003, after a duly noticed public heating and pursuant to
CEQA, the CITY Council adopted Resolution 2003- approving the Negative Declaration for
this Agreement and the Project;
3. On December 16, 2003, after a duly noticed public hearing, the CITY
Council determined that the provisions of this Agreement are consistent with the General Plan of
744368.11 December 12, 2003 - 2 -
the CITY;
4. On December 16, 2003, after a duly noticed public hearing, the CITY
Council introduced Ordinance No. 2003- approving and authorizing the execution of this
Agreement and on January 13, 2004, the CITY Council adopted the Ordinance, a copy of which
is on file in the City Clerk's Office at the CITY, and adopted the findings and conditions
pertaining thereto, including those relating to the environmental documentation for the Project.
G. 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. As part of the process
of granting this entitlement, the CITY Council of the CITY (hereinafter the "CITY Council") has
required the preparation of an environmental review and has approved the Negative Declaration
as regards the Development and has otherwise carded out all requirements of the California
Environmental Quality Act ("CEQA") of 1970, as amended.
H. In consideration of the public improvements and beneficial uses of the Property to
be provided by OWNER for the City and the Project and in order to strengthen the planning
process for this unique project and reduce the economic costs of development, by this
Agreement, the 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 conditions
of this Agreement and in accordance with the CITY'S General Plan, ordinances, policies, rules
and regulations as provided in this of this Agreement. In reliance on the 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 construction and installation of major
infrastructure and facilities in order to make the Project feasible.
I. Pursuant to Section 65867.5 of the Development Agreement Legislation, the
CITY Council has found and determined that: (i) this Agreement and the Existing Project
Approvals implement the goals and policies of the 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
the CITY, (ii) this Agreement is in the best interests of and not detrimental to the public health,
safety and general welfare of the CITY and its residents; (iii) adopting this Agreement is
consistent with the 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 Government Code Section 65867 of the Development Agreement Legislation.
AGREEMENT
NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Legislation, as it applies to the 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
744368.11 December 12, 2003 - 3 -
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.
No. 03-
1.1. Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance
approving this Agreement.
1.2. CITY. The "CITY" means the City of Temecula, a California municipal
corporation, duly organized and existing under the Constitution and laws of the State of
California, and all of its officials, employees, agencies and departments.
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 this Agreement, 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 of landscaping.
1.5. Development Agreement Legislation. The "Development Agreement
Legislation" means Sections 65864 through 65869.5 of the California Government Code as it
exists on the Effective Date.
1.6. Effective Date. "Effective Date" means the date the Authorizing
Ordinance becomes effective.
1.7. Future Development Approvals. "Future Development Approvals" means
those entitlements and approvals contemplated, necessary, and requested by the CITY or
OWNER to cause development to occur upon the Property after the Effective Date.
1.8. Off-site Improvements. "Off-site Improvements" means the improvements
set forth on Exhibit E as more specifically described in Section 3.1.2.12 of this Agreement.
1.9. On-site Improvements. "On-site Improvements" means physical
infrastructure improvements or facilities that are or will be located on the Property as described
in Section 3.1.2.11 of this Agreement. Certain On-site Improvements maybe specifically
addressed in this Agreement, which are identified on Exhibit C. All others will be dependent
upon the development of the Property and the requirements of Future Development Approvals.
1.10. OWNER. "OWNER" is initially NORTH PLAZA, LLC, a California
limited liability company, and all successors in interest, in whole or part, to this entity.
744368.11 December 12, 2003 - 4 -
1.16. Public Improvements. Public Improvements shall mean the On-Site
Improvements and the Off-Site Improvements.
1.17. Public Improvement Construction Costs. Public Improvement
Construction Costs shall mean the estimated construction costs for the construction of the On-
Site Improvements and the Off-Site Public Improvements, as such costs are described in Sections
3.1.2.11 and 3.1.2.12 of this Agreement.
1.18. Street and Right-of-Way Improvements. "Street and Right-of-Way
Improvements" shall mean, and include, but not limited to, all required pavement, base, curb,
gutter, sidewalk, street lights, inigation, landscaping, fire hydrants, utilities, and all other
routinely required improvements within public rights-of-way.
1.19. Transferee. The person to whom the OWNER sells, assigns or
otherwise transfers all or any portion of OWNER'S interests in the Property together with all its
right, title and interest in this Agreement, or the portion thereof which is subject to transferred
portion of the Property in accordance with Section 2.5 of this Agreement.
2. General Provisions.
2.1. Binding Covenants. The provisions of this Agreement to the extent
permitted by law, constitute covenants which shall run with the Property for the benefit thereof,
and the benefits and burdens of this Agreement shall bind and inure to the benefit of the parties
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 that satisfies California Government Code Section 65865(b).
2.3. Term. This Agreement shall become effective on the Effective Date, and
shall have a term (the "Term") often (10) consecutive calendar years. The Term shall commence
on the Effective Date of this Agreement and shall terminate, without further action of any party,
at 11:59 p.m. of the th
day preceding the tenth (10 ) anniversary of the commencement of the
Term, subject to specific extensions, revisions, and termination provisions of this Agreement.
The termination of this Agreement pursuant to this Section shall not affect any right or duty
arising independently from entitlements issued by the CITY or other land use approvals approved
prior to, concurrently or subsequent to the approval of this Agreement, except as may be
provided in this Agreement. The zoning of the Property at the time of termination pursuant to
this Section shall be the zoning in effect at the time of termination.
2.4. Termination. This Agreement may be terminated by either party upon
notice to the other upon the occurrence of any of the following events: (1) If termination occurs
pursuant to any specific provision of this Agreement; or (2) 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
744368.11 December 12, 2003 - 5 -
Council of this Agreement for any part of the Project. The termination of this Agreement
pursuant to this Section shall not affect any right or duty arising independently fi.om entitlements
issued by the CITY or other land use approvals approved prior to, concurrently or subsequent to
the approval of this Agreement, except as may be provided in this Agreement. The zoning of the
Property at the time of termination pursuant to this Section shall be the zoning in effect at the
time of termination.
2.5. Transfers and Assignments.
2.5.1. CITY hereby consents to, and approves, the sale, assignment or
other transfer of portions of the Property to one or more of the following: (1) Dick Kennedy and
Gordon L. Romberger, as Trustees of the Donna L. Reeves Trust dated July 25, 1990; (2) Oremor
Management and Investment Company, a Califomia corporation; (3) Rancho Ford, a Califomia
corporation; (4) Kam Firoozie, dba Westcott Mazda; (5) Mohinder Singh, dba Carlsbad Volvo;
and (6) Richard and Lisa Schoenfeld ("Initial Transferees"). Upon the close of escrow of the
OWNER'S sale ora portion of the Property to one or more of the Initial Transferees, each such
entity acquiring a fee interest in the Property shall have all of the same rights, benefits, duties and
obligations of OWNER under this Agreement. Each such Initial Transferee which acquires a
portion of the Property and the OWNER, to the extent OWNER retains any portion of the
Property, shall be jointly liable for the design and construction of the Public Improvements as set
forth in this Agreement. The OWNER and the Initial Transferees, or any subsequent Transferee
under Section 2.5.2, may enter into such agreements as they deem appropriate to provide for
responsibility for construction of the Public Improvements, allocation of risk among the
OWNER, Initial Transferee, and Transferees, and collateralization of security for the required
surety bonds.
2.5.2. Until such time as the Public Improvements have been accepted
by the City Council, and except as provided in Section 2.5.1, OWNER shall not sell, assign or
otherwise transfer all or any portion of its interests in the Property together with all its right, title
and interest in this Agreement, or the portion thereof which is subject to transferred portion of
the Property, to any person ("Transferee") unless the CITY has approved the transfer prior to its
completion. CITY shall not unreasonably withhold consent to the transfer provided that: (1)
The Transferee has specifically assumed in writing the obligations, or a portion of the obligations
of the Owner, to design, construct, install and finally complete the Public Improvements for the
Property; (2) the Transferee has the experience and financial capacity to complete the Public
Improvements or has become a party to any agreement described in Section 2.5.1; and (3) the
proposed Transferee has obtained replacement bonds, accepted by the CITY for the Public
Improvements or has become a party to any agreement described in Section 2.5.1. In the event of
any sale, assigmnent, or other transfer pursuant to this Section 2.5, (i) OWNER shall notify the
CITY within twenty (20) days prior to the transfer of the name of the transferee, together with the
corresponding entitlements being transferred to such transferee and (ii) the agreement between
OWNER and transferee pertaining to such transfer shall provide that the transferee shall be liable
for the performance of those obligations of OWNER under this Agreement which relate to the
744368.11 December 12, 2003 - 6 -
Transferred Property, if any, or shall confirm that the OWNER and all Transferees shall remain
jointly liable for the design and construction of Public Improvements pursuant to this Agreement.
2.5.5. Rights and Duties of Successors and Assigns. Any, each and all
successors and assigns of OWNER shall have all of the same rights, benefits, duties and
obligations of OWNER under this Agreement. All entities holding title to a portion of the
Property shall be jointly liable for the design and construction of the Public Improvements as set
forth in this Agreement.
2.6. Amendment of Development Agreement.
2.6.1. Initiation of Amendment. Any 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 of the
separate components of the Project.
2.6.2. Procedure. Except as set forth in Section 2.6.4 below, the
procedure for 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. Operating Memoranda. The parties acknowledge that refinements
and further development of the Project may demonstrate that changes are appropriate with
respect to the details and performance of the parties under this Agreement. The parties desire to
retain a certain degree of flexibility 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 one or mom operating memoranda mutually approved by the parties,
which, after execution, shall be attached hereto as addenda and become a part hereof and may be
further changed and amended from time to time as necessary, with further approval by the City
Manager, or designee, 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 this Agreement, no such changes, adjustments, or
clarifications shall require prior notice or hearing, public or otherwise.
744368.11 December 12, 2003 - 7 -
3. Development of the Property.
3.1. Development and Control of Development.
3.1.1. Development of the Property. While this Agreement is in effect,
OWNER shall have the vested right to develop the Property pursuant to and in accordance with
the Applicable Regulations pursuant to this Agreement, including, without limitation, specific
uses, densities, and types of development provided for in the Applicable Regulations, and the
CITY shall have the right to control the Development in accordance with the terms and
conditions of this Agreement and all Applicable Regulations. Except as otherwise specified in
this Agreement, the Applicable Regulations shall control the design and development, Future
Development Approvals and all On-Site Improvements and Off-Site Improvements and
appurtenances in connection therewith.
3.1.2. Applicable Regulations. The regulations applicable to the
development of the Property shall consist of the following requirements ("Applicable
Regulations"):
3.1.2.1 Parcels A, B,C, D, E, F, G, H and J. Proposed Parcels
A, B, C, D, E, F, G, and H, as designated on Exhibit H to this Agreement as the
"Proposed Parcels," shall be developed for uses limited to the sale of new motor vehicles
along with the ancillary uses of(l) servicing and repair of motor vehicles and (2) sales of
pre-owned motor vehicles and motor vehicle parts. Notwithstanding the provisions of
Chapter 17.08 of the Temecula Municipal Code, no other uses shall be allowed on
Proposed Parcels A, B, C, D, E, F, G, and H, unless otherwise approved by this
Agreement until termination of this agreement. In addition to motor vehicle sales uses
described in this sub paragraph, such parcels shall be subject to the requirements for the
Service Commercial Zone as set forth in Chapter 17.08 of the Temecula Municipal Code
as said Code exists on the date the application for approval of a development on a parcel
of the Property is deemed complete by the City. No building or structure shall be
constructed or installed on Parcel J as Parcel J is reserved for the right of way for the
Empire Creek Improvements and Rancho Way. Any excess land remaining aRer CITY's
construction of Rancho Way and Empire Creek Improvements shall be vacated to
OWNER.
3.1.2.1.1 Upon the effective date of this Agreement,
new motor vehicles may be stored on Proposed Parcels A, C, and D provided that:
(1) the new motor vehicles stored there are for ultimate sale by a new motor
vehicle dealership located within the City of Temecula, (2) all applicable permits
are obtained, and (3) all applicable development standards of the City for vehicle
parking areas are fulfilled.
3.1.2.2 Proposed Parcel I, K, and L on Property. Proposed
Parcel I (shown on Exhibit H) shall only be developed for the uses allowed by the
"Service Commercial Zone." Those portions of the Proposed Parcels K and L laying
744368.11 December 12, 2003 - 8 -
south of the proposed Rancho Way shall only be developed for uses allowed by the
Community Commercial zone. Each area shall be subject to the requirements of said
zones as set forth in Chapter 17.08 of the Temecula Municipal Code as said Code exists
on the date the application for approval ora development on a parcel of the Property is
deemed complete by the City.
3.1.2.3 Uniform Building Codes. Development of the Property
shall be subject to such uniform building codes and the fire codes as maybe adopted by
the CITY pursuant to Chapter 15.04 and 15.16, in effect as of the date of the approval of
the building permit.
3.1.2.4 Parcel Map. Except as provided in this Agreement,
OWNER shall develop the Property in accordance with the requirements of Parcel Map
No. 23496, recorded in the Official Records of Riverside County on December 21, 1990.
3.1.2.5 General Development Regulations. Except as otherwise
specified in this Agreement the ordinances, 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 those ordinances rules, regulations and official
policies as they exist on the date the application for approval of a development on a
parcel of the Property is deemed complete by the City. OWNER acknowledges and
agrees that CITY may develop and implement specific design regulations for signage,
landscaping and other physical requirements unique to automobile dealerships which will
be applied to development on the Property.
3.1.2.6 Subsequent Approvals. In connection with
any subsequent approval or action which the CITY is permitted or has the right to make
under this Agreement relating to the Project, the CITY shall exercise its discretion or take
action in a manner which complies and is consistent with this Agreement and such other
standards, terms and conditions contained in this Agreement.
3.1.2.7. Development Impact Fees. The presently adopted
Development Impact Fees ("DIF"), as defined in Chapter 15.04 of the Temecula
Municipal Code, and the rates of the DIF as set forth in Resolution No. 03-63, shall be the
DIF to be imposed and the DIF rates to be imposed upon parcels within the Property
which are developed for the sale of new vehicles for which a building permit is issued
prior to July 1, 2006. (Resolution No. 03-63 is attached hereto as Exhibit B. The DIF and
the DIF rotes shall apply only to the City's development impact fees and not to the TUMF
fees described in Section 3.1.2.8of this Agreement, the proposed Multi-Species Habitat
Conservation Fee, the K-Rat fees or to any other development impact fees imposed by
another governmental agency. Developer shall be entitled to such credits as might be
available pursuant to the terms of Chapter 15.04 or other provisions of this Agreement.
744368.11 December 12, 2003 - 9 -
3.1.2.8. TUMF Fees. The presently adopted Transportation
Uniform Mitigation Fee, as defined in Chapter 15.08 of the Temecula Municipal Code
shall be imposed upon development within the Property at the rate in effect as of the date
of issuance of each building permit for the Property. Developer shall be entitled to such
credits as might be available pursuant to the terms of Chapter 15.08.
3.1.2.9. Future Development Fees. Any fees adopted by
the CITY, as defined in Government Code Section 66000(b), shall be applied to
development on the Property in such amount as is in effect at the time of issuance of
building permits for the property.
3.1.2.10. Future Development Approval Fees/Processing and
Application. OWNER shall pay the application and processing fees customarily imposed
on the type of entitlement sought at the rate, and in the amount, imposed by CITY
pursuant to the fee schedule, resolution or ordinance in effect at the time the application is
deemed complete and accepted by CITY for action.
3.1.2.11. On-Site Public Improvements. OWNER shall, at its
sole cost and expense, design, construct, install, and finally complete the on-site public
improvements described on Exhibit C ("On-Site Public Improvements"). The design,
construction, installation and final completion of the on-site public improvements shall be
pursuant to the requirements set forth in Section 5 of this Agreement. The estimated
construction costs of the On-Site Subdivision Improvements described in Exhibit C and
the Off-Site Subdivision Improvements described in Exhibit E is two million one
hundred sixty eight thousand three hundred thirty two dollars and no cents
($2,168,332.00) ("Public Improvement Construction Costs"). Except as otherwise
provided in this Agreement, the On-Site Public Improvements shall be completed within
twelve (12) months following the Effective Date. North Plaza Drive shall be completed
prior to the issuance of the first Certificate of Occupancy for a building on Proposed
Parcels A, B, E, or F. Park Plaza Lane shall be completed prior to the issuance of the first
Certificate of Occupancy for a building on Proposed Parcels C, D, I, K, or L. The City
Manager may extend the time for completion of the On-Site Public Improvements.
3.1.2.12. Off-Site Public Improvements. OWNER
shall, at its sole cost and expense, design, construct, install, and finally complete the off-
site public improvements described on Exhibit E ("Off-Site Public Improvements"). The
design, construction, installation and final completion of the on-site public improvements
shall be pursuant to the requirements set forth in Section 5 of this Agreement. The
estimated construction costs of the On-Site Subdivision Improvements described in
Exhibit C and the Off-Site Subdivision Improvements described in Exhibit E is two
million one hundred sixty eight thousand three hundred thirty two dollars and no cents
($2,168,332.00) ("Public Improvement Construction Costs"). Except as otherwise
provided in this paragraph, the Off-Site Public Improvements shall be completed within
twelve (12) months following the Effective Date. The traffic signal at the intersection of
Ynez Road and North Plaza Drive, adjacent to Proposed Parcel F, as shown on Exhibit E,
744368.11 December 12, 2003 - 10 -
shall be constructed and installed prior to the first Certificate of Occupancy for the
Property, unless otherwise deferred in writing by the Director of Public Works. The
City shall contribute the sum of forty-five thousand dollars ($45,000.00) for the
construction of the signal adjacent to Proposed Parcel F. A building permit for Proposed
Parcels I, K, and L shall not be issued until such time as the raised landscaped median for
Ynez Road is completed and the right of way for the Rancho Way and the Empire Creek
Box Culvert is conveyed to the City. The City Manager may extend the time for
completion of the Off-Site Public Improvements.
3.1.2.13. Termination of Prior Subdivision
Improvement Agreement. That certain "CITY of Temecula Subdivision Improvement
Agreement" between the CITY of Temecula and North Plaza, LLC," dated as of Augnst
13, 1996, is hereby terminated upon the occurrence of all of the following conditions: (1)
This Agreement becomes effective on the Effective Date; (2) the CITY has accepted the
Subdivision Performance Bond and the Labor and Materials Bond for the On-Site Public
Improvements and the Off-Site Public Improvements as required by Section 5 of this
Agreement. Upon the termination of said "CITY of Temecula Subdivision Improvement
Agreement" between the CITY of Temecula and North Plaza, LLC," dated as of Augnst
13, 1996, the CITY Engineer shall release bond numbers 148 41 89, 148 41 90, 148 41
91, and 148 41 92 issued by Insurance Company of the West.
3.1.2.14. Timing of Development. Except as set forth in
Agreement, regardless of any future enactment, by initiative, or otherwise, OWNER shall
have the discretion to develop the Property in one phase or in multiple phases at such
times as OWNER deems appropriate within the exercise of its subjective business
judgment and as the same is in accordance with the Development Plan. Specifically, the
CITY agrees that OWNER shall be entitled to apply for and receive permits, maps,
occupancy certificates and other entitlements to develop and use the Property at any time,
provided that such application is made in accordance with this Agreement and the
Existing Regulations. The parties hereto expressly reject the holding of Pardee
Construction Company v. CITY of Camarillo, 37 Cal.3d 465 (1984), as regards any
authority regulating the phasing of the Development and authorize the phasing of the
construction on the Property.
3.1.3. Permits and Approvals - Cooperation. The CITY further agrees
to reasonably cooperate with OWNER, at no cost to CITY, in securing any County, State and
Federal permits or authorizations which may be required in connection with development
contemplated by the Development Plan. This cooperation shall not entail any economic
contribution by the CITY.
3.2. Reserved Authority.
3.2.1. State 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
744368.11 December 12, 2003 - 11 -
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 it is not inconsistent with such laws
or regulations and to the extent such laws or regulations do not render such remaining provisions
impractical to enforce. Notwithstanding the foregoing, the CITY shall not adopt or undertake
any regulation, program or action, or fail to take any action which is inconsistent or in conflict
with this Agreement until the 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.
3.2.2. Regulation for Health and Safety. Notwithstanding anything to the
contrary in this Agreement, the CITY shall have the right to apply the 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 the CITY's sole discretion if such application
is required to protect the physical health and safety of existing or future occupants of the
Property, or any portion thereof or any lands adjacent thereto.
3.3. Vested Right. By entering into this Agreement and relying thereupon,
OWNER is obtaining the vested rights to proceed with the development of the Property in
accordance with the terms and conditions of this Agreement. By entering into this Agreement
and relying thereupon, the 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. The CITY
therefore agrees to the following:
3.3.1. No Conflicting Enactments. Except as provided in Section 3.2.2 of
this Agreement, neither the City Council of CITY nor any other agency of the CITY shall enact a
rule, regulation, ordinance or other measure (collectively "law") applicable to the Property which
is inconsistent or in conflict with the terms of 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 intensity of the
Development as regulated by the Applicable Regulations or otherwise requires
any reduction or increase in the number, size or square footage of lot(s),
structures, buildings or other improvements, except as provided in Section 3.2; or
(ii) Applies to the Property, but is not uniformly applied by the
CITY to all substantially similar development within the CITY, except as
provided in Section 3.2.
3.3.2. Initiative Measures. It is the intent of OWNER and the 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
744368.11 December 12, 2003 - 12 -
approved, issued or granted within the CITY, or portions of the CITY, shall apply to the Project
to the extent such moratorium or other limitation would restrict OWNER's right to develop the
Property as provided by this Agreement in such order and at such rate as OWNER deems
appropriate as limited or regulated by this Agreement. The 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 of this
Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such
litigation, including any appellate review, is pending.
3.3.3. Consistency Between This Agreement and Current Laws. The
CITY represents that at the Effective Date there are no rules, regulations, ordinances, policies or
other measures of the CITY in force that would interfere with the Development and use of all or
any part of the Property according this Agreement and the Development Plan.
744368.11 December 12, 2003 - 13 -
4. Obligations of the Parties.
4.1. Obligation of CITY to Construct a portion of Empire Creek
Improvements. Except as otherwise provided in this section, CITY agrees to construct a portion
of the box culvert for Empire Creek and approach structure as specifically described on Exhibit
G or as currently designed and/or modified as part of the Improvement Plans for Parcel Map
23496 ("Empire Creek Box Culvert"). CITY shall construct the Empire Creek Box Culvert only
if it determines in its reasonable discretion that the Empire Creek Box Culvert is necessary for
the construction of the extension of Rancho Way. If the CITY determines that it is necessary to
construct the Empire Creek Box Culvert, CITY shall construct the Empire Creek Box Culvert at
such time as the CITY may construct the Rancho Way extension. In the event the OWNER or its
successor develops Proposed Parcel L, OWNER or its successor shall construct, at its sole cost
and expense, all off-site public improvements as may be necessary for the development of
Proposed Parcel L, including the construction of the Empire Creek Box Culvert, whether or not
the City has constructed Rancho Way.
4.2. Lot Line Adjustment. OWNER shall diligently apply for and process a
lot line adjustment to the portion of the Property southerly of Rancho Way in substantial
conformance with the preliminary drawings set forth on Exhibit H. CITY agrees to expeditiously
process the lot line adjustment. Owner shall apply for the lot line adjustment within thirty (30)
days from the Effective Date of this Agreement. As part of the application for the lot line
adjustment, OWNER shall include fully executed grant deeds as necessary to complete the lot
line adjustment. City shall diligently process and act upon the lot line adjustment. Upon approval
of the lot line adjustment, CITY shall record the lot line adjustment and applicable deeds in the
Official Records of Riverside County. OWNER acknowledges and agrees that City has the
authority to and may withhold grading permits or building permits or any other land use
entitlements for the property until such time as the lot line adjustment is recorded.
4.3.
Dedications and Exactions.
4.3.1. Dedication for Rancho Way. OWNER shall dedicate such land
to the CITY for road and public utility purposes for the extension of Rancho Way. The
preliminary description of the land needed for the Rancho Way Extension is set forth on Exhibit
H. Except as otherwise provided in this Agreement, OWNER shall convey the right of way and
slope easements at a 2:1 ratio for Rancho Way to CITY within twelve (12) months of the
effective date of this Agreement. A building permit for Proposed Parcels H, I, J and K shall not
be issued until such time as the right of way for Rancho Way and the Empire Creek Box Culvert
is conveyed to the City.
4.3.2. Dedication for Empire Creek Box Culvert. OWNER shall
dedicate such land to the CITY as necessary for the construction of the Empire Creek Box
Culvert. The preliminary description of the land needed for the Empire Creek Box Culvert is set
forth on Exhibit G. Except as otherwise provided in this Agreement, OWNER shall convey the
right of way for the Empire Creek Box Culvert to CITY within twelve (12) months of the
744368.11 December 12, 2003 - 14 -
effective date of this Agreement. OWNER acknowledges and agrees that additional right of way
may be required and therefore agrees to dedicate such additional land as the CITY may require.
4.3.3. Future Development Approvals. 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. Except as provided in Section
3.2.2 of this Agreement, neither the City Council of CITY nor any other agency of the CITY
shall impose a condition as part of a Future Development Approval applicable to the Property
which is inconsistent or in conflict with the terms of this Agreement.
4.3.4. Liens, Encumbrances and Environmental Conditions. All real
property dedicated to the CITY pursuant to this Agreement shall be free and clear of any and all
matters of record (excepting all non delinquent taxes and assessments), including but not limited
to, deeds of trust, liens, or other encumbrances of record that would prevent the CITY from using
such dedicated facility for its intended use as identified herein. Further the real property shall be
warranted to be free of any known environmental conditions that would prevent, restrict or cause
CITY to fund hazardous material/contamination/toxic remediation activities so as to allow the
real property to be used as intended by CITY. OWNER shall provide CITY copies of all reports,
investigations and analysis that document the environmental condition of the real property.
4.3.5. DIF Credit for Median Construction. Provided OWNER
completes the construction of the full width medians on Ynez Road pursuant to Section 3.1.2.12
of this Agreement, OWNER shall be entitled to a credit on the payment of its obligation to pay
the Street System Component of the DIF pursuant to the provisions of Section 15.06.050 of the
Temecula Municipal Code in the amount of fifty percent (50%) the actual cost of constructing
the full median.
4.3.6. DIF Credit for Traffic Signal. Provided OWNER completes the
construction of the Traffic Signal at the intersection of Rancho Way and Ynez Road pursuant to
Section 3.1.2.12 of this Agreement, OWNER shall be entitled to a credit on the payment of the
Traffic Signal System Component of the DIF pursuant to the provisions of Section 15.06.050 of
the Temecula Municipal Code up to one hundred percent (100%) of the total cost of construction.
4.3.7. Environmental for Channel Improvements. The OWNER may,
at his sole expense, apply for and diligently pursue environmental clearances from all applicable
government agencies for the construction of the channel improvements from 1-15 to Ynez Road
pursuant to the City's Rancho Way Alignment Study, Alternate A, dated April 11, 2000, and
with the plans approved by the City as part of Parcel Map No. 23946 for the overall channel
improvement as part of the off-site public improvements described on Exhibit E ("Off-Site
Public Improvements") and to be designed and constructed pursuant to the requirements of
Section 5 of this Agreement.
744368.11 December 12, 2003 - 15 -
5. Subdivision Improvement Design and Construction Obligations.
correct:
5.1. Recitals.
The parties agree that the following facts are true and
5.1.1. OWNER has presented to CITY for approval and recordation, a
final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map
Act of the State of California and the CITY ordinances and regulations relating to the filing,
approval and recordation of subdivision maps. The Subdivision Map Act and the CITY
ordinances and regulations relating to the filing, approval and recordation of subdivision maps
are collectively referred to in this Agreement as the "Subdivision Laws".
5.1.2. A tentative map of the SUBDIVISION has been approved, subject
to the Subdivision Laws and to the requirements and conditions contained in the Resolution of
Approval. The Resolution of Approval is on file in the Office of the City Clerk and is
incorporated into this agreement by reference.
5.1.3. The CITY has adopted standards for the construction and
installation of improvements within the CITY. The Improvement Plans have been prepared in
conformance with the CITY standards in effect on the date of approval of the Resolution of
Approval. Upon satisfactory completion of public improvements, CITY shall record certificate
of completion and all OWNERS obligations with respect to construction of public improvements
shall terminate except use, warranty, and indemnification.
5.1.4. Within thirty (30) days after completion of the required
improvements and their acceptance by CITY, it is necessary that certain monuments and stakes
as specified on the final map for the SUBDIVISION, shall be installed and, also, that street signs
be placed at intersections.
shall:
5.2. OWNER'S Obligations to Construct Public Improvements. OWNER
5.2.1. Complete by the time established this Agreement and at
OWNER'S own expense, all the work required for the construction of the On-Site Improvements
and the Off-Site Improvements (as defined in Sections 3.1.2.11 and 3.1.2.12), hereafter
collectively "Public Improvements," in conformance with the Improvement Plans approved by
the City Engineer and the CITY standards in effect as of the date of this Agreement..
Improvements.
5.2.2. Fumish the necessary materials for completion of the Public
5.2.3. Acquire and dedicate, or pay the cost of acquisition by CITY, of
all right-of-way, easements and other interests in real property for construction or installation of
the Public Improvements, free and clear of all liens and encumbrances, to the extent not coved by
744368.11 December 12, 2003 - 16 ~
this Agreement. OWNER shall also be responsible for obtaining any public or private drainage
easements or authorizations necessary for the Property.
5.2.4. Install all subdivision monuments required by law within thirty
(30) days after the completion and acceptance of the public improvements by the CITY
5.2.5..Install street name signs conforming to CITY standards. If
permanent street name signs have not been installed before acceptance of the improvements by
the CITY, OWNER shall install temporary street name signs according to such conditions as the
City Engineer may require.
5.3. Acquisition and Dedication of Easement of Right-of-Way. If any of the
public improvement and land development work contemplated by this Agreement is to be
constructed or installed on land not owned by OWNER, no construction or installation shall be
commenced before:
5.3.1. The offer of dedication to CITY of appropriate right-of-way,
easements or other interest in real property, and appropriate authorization from the property
owner to allow construction or installation of the improvements or work, or
5.3.2. The dedication to, and acceptance by, the CITY of appropriate
right-of-way, easements or other interests in real property, as determined by the City Engineer, or
5.3.3. The issuance by a court of competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. OWNER shall comply in all respects with
the order of possession.
5.3.4. Nothing in this Section shall be constxued as authorizing or
granting an extension of time to OWNER.
5.4. Security. OWNER shall at all times guarantee OWNER'S
performance of the construction of the Public Improvements by furnishing to CITY, and
maintaining, good and sufficient surety bond on forms approved by CITY for the purposes and in
the amounts as follows:
5.4.1. To assure faithful performance of this Agreement in regard to said
Public Improvements in an amount of one hundred percent (100%) of the Improvement
Construction Costs as defined in Sections 3.1.2.11 and 3.1.2.12 of this Agreement; and
5.4.2. To secure payment to any contractor, subcontractor, persons
renting equipment, or furnishing labor materials for the improvements required to be constructed
or installed pursuant to this Agreement in the additional amount of fifty percent (50%) of the
Improvement Construction Costs; and
744368.11 December 12, 2003 - 17 -
5.4.3. To guarantee or warranty the work done on the Public
Improvements pursuant to this Agreement for a period of one year following acceptance thereof
by CITY against any defective work or labor done or defective materials furnished in the
additional amount of ten percent (10%) of the Improvement Construction Costs; and
5.4.4. OWNER shall also furnish to CITY good and sufficient security in
the amount of one hundred percent (100%) of the estimated cost of setting subdivision
monuments.
5.4.5. The securities required by this Agreement shall be kept on file with
the City Clerk. If any security is replaced by another approved security, the replacement shall
be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and
incorporated into this Agreement. Upon filing ora replacement security with the City Clerk, the
former security may be released.
5.5. Alterations to Improvement Plans.
5.5.1. Any changes, alterations or additions to the Improvement Plans
and specifications as approved by the City Engineer or to the improvements, not exceeding ten
percent (10%) of the original estimated cost of the improvements, which are mutually agreed
upon by the CITY and OWNER, shall not relieve the improvement security given for faithful
performance of this Agreement. In the event such changes, alterations, or additions exceed ten
percent (10%) of the original estimated cost of the improvements, OWNER shall provide
improvement security for faithful performance as required by this Agreement for one hundred
percent (100%) of the total estimated cost of the improvement as changed, altered, or amended,
minus any completed partial releases allowed by this Agreement.
5.5.2. The OWNER shall construct the Public Improvements in
accordance with the CITY standards in effect at the time of adoption of this Agreement. CITY
reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement,
when necessary to protect the public health, safety and welfare or comply
744368.11 December 12, 2003 - 18 -
5.6. Inspection. OWNER shall at all times maintain proper facilities and safe
access for inspection of the construction of the Public Improvements by CITY inspector and to
the shops wherein any work is in preparation. Upon completion of the work the OWNER may
request a final inspection by the City Engineer, or the City Engineer's authorized representative.
If the City Engineer, or the designated representative, determine that the work has been
completed in accordance with this Agreement, then the City Engineer shall certify the completion
of the Public Improvements to the City Council. No improvements shall be finally accepted
unless aspects of the work have been inspected and determined to have been completed in
accordance with the Improvement Plans and CITY standards. OWNER shall bear all costs of
inspection and certification.
5.7. Release of Securities. Subject to approval by the City Engineer, the
securities required by this Agreement shall be released as follows:
5.7.1. Security given for faithful performance of any act, obligation, work
or agreement shall be released upon the final completion and acceptance of the act or work,
subject to the provisions of subsection (b) hereof.
5.7.2. The City Engineer may release a portion of the security given for
faithful performance of improvement work as the improvement progresses upon application
therefore by the OWNER; provided, however, that no such release shall be for an amount less
than twenty five percent (25%) of the total improvement security given for faithful performance
of the improvement work and that the security shall not be reduced to an amount less than fifty
percent (50%) of the total improvement security given for faithful performance until final
completion and acceptance of the improvement work. In no event shall the City Engineer
authorize a release of the improvement security, which would reduce such security to an amount
below that required to guarantee the completion of the improvement work and any other
obligation imposed by this Agreement.
5.7.3. Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six months after the
completion and acceptance of the work be reduced to an amount equal to the total claimed by all
claimants for who lien have been filed and of which notice has been given to the legislative body,
plus an amount reasonably determined by the City Engineer to be required to assure the
performance of any other obligations secured by the Security. The balance of the security shall
be released upon the settlement of all claims and obligations for which the security was given.
5.7.4. No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed during the warranty
period have been settled. As provided in this Agreement, the warranty period shall not
commence until final acceptance of all the work and improvements by the City Council.
5.7.5. The CITY may retain from any security released, an amount
sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.
744368.11 December 12, 2003 - 19 -
5.8. Injury to Public Improvements, Public Property or Public Utility Facilities.
OWNER shall replace or have replaced, or repair or have repaired, as the case may be, all Public
Improvements, public utility facilities and surveying or subdivision monuments which are
destroyed or damaged as a result of any work under this Agreement. OWNER shall bear the
entire cost of replacement or repairs of any and all public or public utility property damaged or
destroyed by reason of any work done under this Agreement, whether such property is owned by
the United States or any agency thereof, or the State of California, or any agency or political
subdivision thereof, or by the CITY or any public or private utility corporation or by any
combination of such owners. Any repair or replacement shall be to the satisfaction, and subject
to the approval, of the City Engineer.
5.8.1. Permits. OWNER shall, at OWNER'S expense, obtain all
necessary permits and licenses from all applicable govemment agencies, including the City, for
the construction and installation of the improvements, give all necessary notices and pay all fees
and taxes required by law.
5.9. Warranty. OWNER shall guarantee or warranty the work done pursuant to
this Agreement for a period of one year after final acceptance by the City Council of the work
and improvements against any defective work or labor done or defective materials furnished.
Where certain improvements are to be constructed in phases or sections, the one-year warranty
period shall commence after CITY acceptance of the last completed improvement. If within the
warranty period any work or improvement or part of any work or improvement done, furnished,
installed, constructed or caused to be done, furnished, installed or constructed by OWNER fails
to fulfill any of the requirements of this Agreement or the improvement plans and specifications
referred to herein, OWNER shall without delay and without any cost to CITY, repair or replace
or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
Should OWNER fail to act promptly or in accordance with this requirement, OWNER hereby
authorizes CITY at CITY option, to perform the work twenty days after mailing written notice of
default to OWNER and to OWNER'S and agrees to pay the cost of such work by CITY. Should
the CITY determine that an urgency requires repairs or replacements to be made before OWNER
can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or
perform the necessary work and OWNER shall pay to CITY the cost of such repairs.
5.10. Injury to Work. Until such time as the improvements are accepted by
CITY, OWNER shall be responsible for and bear the risk of loss to any of the improvements
constructed or installed. Until such time as all improvements required by this Agreement are
fully completed and accepted by CITY, OWNER will be responsible for the care, maintenance
of, and any damage to such improvement. CITY shall not, nor shall any officer or employee
thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening
or occurring to the work or improvements specified in this Agreement prior to the completion
and acceptance of the work or improvements. All such risks shall be the responsibility of and are
hereby assumed by OWNER.
5.11. Owner's Obligation To Warn Public During Construction. Until final
acceptance of the improvements, OWNER shall give good and adequate warning to the public of
744368.11 December 12, 2003 - 20 -
each and every dangerous condition existent in said improvements, and will take all reasonable
actions to protect the public from such dangerous condition.
5.12. Vesting of Ownership. Upon acceptance of the work on behalf of CITY
and recordation of the Notice of Completion, ownership of the improvements constructed
pursuant to this Agreement shall vest in CITY.
5.13. Final Acceptance of Work. Acceptance of the work on behalf of CITY
shall be made by City Council upon recommendation of the City Engineer after final completion
and inspection of all improvements. The City Council shall act upon the Engineer's
recommendation within thirty (30) days from the date the City Engineer certifies that the work
has been finally completed. Such acceptance shall not constitute a waiver of defects by CITY.
5.14. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for injury to persons or property occasioned by reason of the acts or omissions of
OWNER, its agents or employees in the performance of the design or construction of the Public
Improvements pursuant to this Agreement. OWNER further agrees to protect and hold harmless
CITY, its officials and employees from any and all claims, demands, causes or action, liability or
loss of any sort, because of, or arising out of, acts or omissions of OWNER, its agents or
employees in the design or construction of the Public Improvements pursuant to this Agreement.
This indemnification and agreement to hold harmless shall extend to injuries to persons and
damages or taking of property resulting from the design or construction of said subdivision, and
the Public Improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design or construction of public drainage
systems, streets and other improvements. Acceptance by the CITY of the Public Improvements
shall not constitute an assumption by the CITY of any responsibility for the design or
construction of the subdivision or the improvements pursuant to the approved improvement plans
or map, regardless of any negligent action or inaction taken by the CITY in approving the plans
or map, unless the particular improvement design was specifically required by CITY over written
objection by OWNER submitted to the City Engineer before approval of the particular
improvement design, which objection indicated that the particular improvement design was
dangerous or defective and suggested an alternative safe and feasible design. After acceptance of
the Public Improvements, the OWNER shall remain obligated to eliminate any defect in design
or dangerous condition causes by the design or construction defect, however OWNER shall not
be responsible for routine maintenance. Provisions of this paragraph shall remain in full force
and effect for ten years following the acceptance by the CITY of Public Improvements. It is the
intent of this action that OWNER shall be responsible for all liability for design and construction
of the improvements installed or work done pursuant to this Agreement and that CITY shall not
be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing,
checking, or correcting any plans or specifications or in approving, reviewing or inspecting any
work or construction. The improvement security shall not be required to cover the provisions of
this paragraph.
5.15. Time for Completion of Work/Time Extension. OWNER shall complete
construction of the Public Improvements within the times by this Agreement. In the event good
744368.11 December 12, 2003 - 21 ~
cause exists as determined by the City Engineer, the time for completion of the improvements
hereunder may be extended. The extension shall be made by writing executed by the City
Engineer. Any such extension may be granted without notice to OWNER'S Surety and shall not
affect the validity of this Agreement or release the Surety or Sureties on any security given for
this Agreement. The City Engineer shall be the sole and final judge as to whether or not good
cause has been shown to entitle OWNER to an extension. Delay, other than delay in the
commencement of work, resulting from an act of CITY, or by an act of God, which OWNER,
could not have reasonable foreseen, or by storm or inclement weather which prevent the
conducting of work, and which were not caused by or contributed to by OWNER, shall constitute
good cause for an extension of time for completion. As a condition of such extension, the City
Engineer may require OWNER to furnish new security guaranteeing performance of this
Agreement as extended in an increased amount as necessary to compensate for any increase in
construction costs as determined by the City Engineer.
5.16. Legal Responsibilities. The OWNER shall keep itself informed of all
local, State and Federal Laws and regulations which in any manner affect those employed by it or
in any way affect the performance of its obligation to design and construct the Public
Improvements pursuant to this Agreement. The OWNER 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 OWNER to comply with this section.
6. Further Assurances to OWNER Regarding Exercise of Reserved Authority.
6.1. Adoption of General Plan and Granting of Other Project Approvals. In
preparing and adopting any general plan amendment, zoning district change and in granting the
other Project Approvals, the CITY reserves its right to and shall consider the health, safety and
welfare of the residents of the CITY.
6.2. Assurances to OWNER. The parties further acknowledge that the public
benefits to be provided by OWNER to the CITY pursuant to this Agreement are in consideration
for and reliance upon assurances that the Property 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 the CITY in violation of the Reserved
Authority, to attempt to apply regulations which are inconsistent with the Project Approvals
pursuant to the exercise of the Reserved Authority. Accordingly, OWNER desires assurances
that the CITY shall not and the CITY agrees that it shall not further restrict or limit the
development of the Property in violation of this Agreement except in strict accordance with the
Reserved Authority.
6.3. Judicial Review. Based on the foregoing, in the event OWNER judicially
(including by way of a reference proceeding) challenges the application of a future land use
regulation as being in violation of this Agreement and as not being a land use regulation adopted
744368.11 December 12, 2003 -22 -
pursuant to the Reserved Authority, OWNER shall bear the burden of proof in establishing that
such rule, regulation or policy is inconsistent with the Applicable Regulations and the 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 the CITY in violation of
this Agreement.
7. lndenmification.
7.1 North Plaza, LLC agrees to indemnify and hold harmless the CITY, the
Redevelopment Agency of the City of Temecula, their agents, officers, contractors, attorneys,
and employees ("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.
Notwithstanding the provisions of Section 2.5.1 of this Agreement, North Plaza, LLC's
obligation pursuant to this Section is not a benefit or burden rtmning with the land and shall not
be assigned to any person without the express written consent of the CITY. North Plaza, LLC's
duties under this Section are solely subject to and conditioned upon the Indemnified Parties
written request to North Plaza LLC to indemnify the Indemnified Parties. North Plaza, LLC
shall deposit the expected costs of defense with the CITY within five (5) business days of notice
from the CITY of the claim and shall add to the deposit within five (5) business days from the
request of CITY. Without in any way limiting the provisions of this Section, the parties hereto
agree that this Section shall be interpreted in accordance with the provisions of California Civil
Code Section 2778 in effect as of the Effective Date.
7.2 Notwithstanding Section 7.1, and as a separate and distinct obligation of
OWNER, OWNER agrees to indemnify and hold harmless the CITY, the Redevelopment
Agency of the City of Temecula, their agents, officers, contractors, attorneys, and employees
("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 alleging that the Indemnified Parties is or are liable therefore as a direct or indirect
result of the CITY's approval of this Development Agreement. OWNER'S duties under this
Section are solely subject to and conditioned upon the Indemnified Parties written request to
OWNER to indemnify the Indemnified Parties. OWNER shall deposit the expected costs of
defense with the CITY within five (5) business days of notice from the CITY of the claim and
shall add to the deposit within five (5) business days from the request of CITY. Without in any
way limiting the provisions of this Section, the parties hereto agree that this Section shall be
interpreted in accordance with the provisions of Califoruia Civil Code Section 2778 in effect as
of the Effective Date.
744368.11 December 12, 2003 - 23 -
8. Relationship of Parties. The contractual relationship between the CITY and
OWNER is such that OWNER is an independent contractor and not the agent or employee of the
CITY. The 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 development of the Property shall be construed as
making the CITY and OWNER joint ventures or partners.
9. Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by mutual consent of the patties in the 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 the CITY's or OWNER's
remedies as provided by Section 10.
10. Periodic Review of Compliance with Agreement.
10.1. Periodic Review. The CITY and OWNER shall review this Agreement at
least once every 12-month period from the date this Agreement is executed. The 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.
10.2. 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 the CITY, in the exercise
of its reasonable discretion, may require. If requested by OWNER, the CITY agrees to provide
to OWNER, a certificate that OWNER or a duly authorized transferee is in compliance with the
terms of this Agreement, provided OWNER reimburses the CITY for all reasonable and direct
costs and fees incurred by the CITY with respect thereto.
10.3. Failure to Conduct Annual Review. The failure of the CITY to conduct
the annual review shall not be an OWNER default. Further, OWNER shall not be entitled to any
remedy for the CITY failure to conduct this annual review.
10.4. Initiation of Review by CITY Council. In addition to the annual review,
the CITY Council may at any time initiate a review of this Agreement by giving written notice to
OWNER. Within thirty (30) days following receipt of 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 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.
10.5. Administration of Agreement. Any final decision by the CITY staff
concerning the interpretation 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
744368.11 December 12, 2003 - 24 -
receives written notice that the staff decision is final. The CITY Council shall render its decision
to affirm, reverse or modify the staffdecision within thirty (30) days after the appeal was filed.
10.6. Availability of Documents. If requested by OWNER, the CITY agrees to
provide to OWNER copies of any documents, reports or other items reviewed, accumulated or
prepared by or for the CITY in connection with any periodic compliance review by the CITY,
provided OWNER reimburses the CITY for all reasonable and direct costs and fees incurred by
the CITY with respect thereto. The CITY shall respond to OWNER's request on or before ten
(10) business days have elapsed from the CITY's receipt of such request.
11. Events of Default: Remedies and Termination. Unless amended or modified or
suspended pursuant to Government Code Section 65869.5, this Agreement is enforceable by
either party hereto.
11.1. Defaults by OWNER. If the CITY determines that OWNER has not
complied in good faith with the terms and conditions of this Agreement, the 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 itself into compliance. If, within thirty (30) days after
the effective date of notice from the CITY specifying the manner in which OWNER has failed to
so comply, OWNER does not commence all steps reasonably necessary to bring itself into
compliance as required and thereafter diligently pursue such steps to completion, then OWNER
shall be deemed to be in default under the terms of this Agreement. Default of OWNER shall
also include, but not limited to, OWNER'S failure to timely commence construction of the
Public Improvements pursuant to this Agreement; OWNER'S failure to timely complete
construction of the Public Improvements; OWNER'S failure to timely cure any defect in the
Public Improvements; OWNER'S failure to perform substantial construction work on the Public
Improvements for a period of 20 calendar days after commencement of the work.; or OWNER'S
failure to perform any other obligation concerning the Public Improvements under this
Agreement. Except as provided in Section 11.4, CITY'S remedies for OWNER'S breach shall
be limited to those specified in Section 11.3.
11.2. Defaults by CITY. If OWNER determines that the CITY has not complied in
good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to
the CITY, specify the manner in which the CITY has failed to so comply and state the steps the
CITY must take to bring itself into compliance. If, within thirty (30) days after the effective date
of notice from OWNER specifying the manner in which the CITY has failed to so comply, the
CITY does not commence all steps reasonably necessary to bring itself into compliance as
required and thereafter diligently pursue such steps to completion, then the CITY shall be
deemed to be in default under the terms of this Agreement. OWNER'S remedies for CITY'S
breach shall be limited to those specified in Section 11.3.
11.3. Specific Performance Remedy.
11.3.1. 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
744368.11 December 12, 2003 -25 -
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 development of the
Property in agreeing to the terms of this Agreement and will be investing even more significant
time and resources in implementing the Project in reliance upon 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, the CITY and OWNER agree that damages would not be
an adequate remedy if the 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. Moreover, the CITY would not have consented to this Agreement if it were
to be subject to damages for breach of this Agreement. Therefore, OWNER specifically agrees
that it has no authority under this Agreement to seek monetary damages against the CITY for any
breach of this Agreement by the CITY, and agrees not to seek monetary damages against the
CITY for breach of this Agreement.
11.3.2 The CITY and OWNER further acknowledge that, if OWNER fails to
carry out its obligations under this Agreement, the CITY shall have the right to refuse to issue
any permits or other approvals which OWNER would otherwise have been entitled to pursuant to
this Agreement. Therefore, the CITY's remedy of denying issuance of permits or terminating
this Agreement shall be sufficient in most circumstances if OWNER fails to carry out its
obligations hereunder. Notwithstanding the foregoing, if the 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 fails to satisfy such
condition, the CITY shall be entitled to specific performance for the sole purpose of causing
OWNER to satisfy such condition. The CITY's right to specific performance shall be limited to
those circumstances set forth above, and the CITY shall have no right to seek specific
performance to cause OWNER to otherwise proceed with the Development of the Project in any
manner.
11.4. Further Remedies for Breach of Improvement Construction Obligations
Under Section 5 of this Agreement.
11.4.1. The CITY reserves to itself all remedies available to it at law or in
equity for breach of OWNER'S obligations under Section 5 this Agreement. The CITY shall
have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate
CITY damages in event of default by OWNER under Section 5 of this Agreement. The right of
CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy
available to CITY. It is specifically recognized that the estimated costs and security amounts
may not reflect the actual cost of construction or installation of the improvements and, therefore,
CITY damages for OWNER'S default shall be measured by the cost of completing the required
Improvements. The sums provided by the improvement security may be used by CITY for the
completion of the public improvements in accordance with the improvement plans and
specifications described in this Agreement.
744368.11 December 12, 2003 - 26 -
11.4.2. In the event of OWNER'S default under Section 5 this Agreement,
OWNER authorizes CITY to perform such obligation twenty days after mailing written notice of
default to OWNER and to OWNER'S Surety, and agrees to pay the entire cost of such
performance by CITY.
11.4.3. CITY may take over the work and prosecute the same to
completion, by contract or by any other method CITY may deem advisable, for the account and
at the expense of OWNER, and OWNER'S Surety shall be liable to CITY for any excess cost or
damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may
take possession of, and utilize in completing the work, such materials, appliances, plant and other
property belonging to OWNER as may be on the site of the work and necessary for performance
of the work.
11.4.4. Failure of OWNER to comply with the terms of Section 5 of tkis
Agreement shall constitute consent to the filing by CITY of a notice of violation against all the
lots in the SUBDIVISION, or to rescind the approval.. The remedy provided by this subsection
is in addition to and not in lieu of other remedies available to CITY. OWNER agrees that the
choice of remedy or remedies for OWNER'S breach shall be in the discretion of CITY.
11.4.5. In the event that OWNER fails to perform any obligation under
Section 5 of this Agreement, OWNER agrees to pay all costs and expenses incurred by CITY in
securing performance of such obligations, including costs of suit and reasonable attorney's fees.
11.4.6 The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default or breach or any
subsequent default or breach of OWNER.
11.5. Institution of Legal Action
In addition to any other rights or remedies, and except as provided in Section 11.3, OWNER or
the CITY may institute legal action to cure, correct or remedy any default, to enforce 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 Riverside County Superior
Court pursuant to the reference procedures of the California Code of Civil Procedure Sections
638, et seq. OWNER and the 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 the 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 the parties. Any referee selected pursuant to this Section shall be considered a
temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution.
744368.11 December 12, 2003 - 27 -
11.6. Estoppel Certificates.
11.6.1 Either party may at any time deliver written notice to the other
party requesting an estoppel certificate (the "Estoppel Certificate") stating: (1)The Agreement is
in full force and effect and is a binding obligation of the parties; (2) the Agreement has not been
amended or modified either orally or in writing or, if so amended, identifying the amendments;
and (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.
11.6.2 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.
11.6.3 The City Manager or any person designated by the City Manager
may sign the Estoppel Certificates on behalf of the CITY. Any officer of OWNER may sign on
behalf of OWNER.
11.6.4 An Estoppel Certificate may be relied on by assignees and
mortgages.
11.6.5 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 costs and
fees incurred by such party with respect thereto.
11.7. Termination for Failure to Develop. Notwithstanding the provision of
this Section 10, in the event that on May 1, 2004, at least twenty (20) acres of the Property have
not been conveyed in a bona fide transfer to a legal entity or entities, other than an entity or
entities affiliated with the OWNER, for the development of an new vehicle sales facility on said
acreage, the City may, in its sole and absolute discretion, without finding any breach of the
Agreement, elect to terminate the executory provisions of this Agreement on twenty (20)
calendar days notice to OWNER.
12. Waivers and Delays.
12.1. No Waiver. Failure by a party to insist upon the strict performance of any
of the provisions of this Agreement by the 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.
12.2. Third Parties. Non-performance shall not be excused because of a failure
of a third person, except as provided in Section 11.3
12.3. Force Maieure. OWNER shall not be deemed to be in default where
failure or 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, intergalactic
744368.11 December 12, 2003 - 28 -
invasion, strikes and other labor difficulties beyond OWNER's control, govemment regulations
(including, without limitation, state and federal environmental and natural resource regulations
applied to the Property), or judicial decisions directly applicable to the Property.
12.4. Extensions. The Term of this Agreement and the time for performance by
OWNER or the CITY of any of its obligations hereunder shall be extended by the period of time
that any of the events described in Section 11.3 exist and/or prevent performance of such
obligations provided that OWNER or CITY notifies the other of an event of force majeure within
thirty (30) days of the commencement of the condition and the allowed delay is equal to the time
of the event justifying delay. 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:
12.4.1. Litigation. The period of time after the Effective Date during
which litigation related to the Agreement or having the actual effect of delaying implementation
of the development of the Property is pending, including litigation pending on the
Effective Date. This period shall include any time during which appeals may be filed or are
pending.
12.4.2. Government Agencies. 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 except those related to the normal and customary processing of
Future Development Approvals.
744368.11 December 12, 2003 - 29 ~
13. 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 the CITY shall be addressed as follows:
CITY of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
Attention: CITY MANAGER
With a copy to:
Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-1469
Attention: Peter M. Thorson, City Attorney
Notices required to be given to OWNER shall be addressed as follows:
North Plaza LLC
William Johnson, Managing Member
29400 Rancho California Road
Temecula, Ca. 92591
With a copy to:
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.
14. Attorneys' Fees. If legal action is brought by either party against the other for
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.
15. Recording. This Agreement and any amendment or cancellation hereto shall be
recorded, at no cost to the CITY, in the Official Records of Riverside County by the CITY Clerk
744368.11 December 12, 2003 - 30 -
within the period required by Section 65868.5 of the Government Code.
16. Effect of Agreement on Title.
16.1. Effect on Title. OWNER and the CITY agree that this Agreement shall
not continue as an encumbrance against any portion of the Property as to which this Agreement
has terminated.
16.2. Encumbrances and Lenders' Rights. OWNER and the 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 from time to time in any manner, at its or their sole discretion,
from encumbering the Property, the improvements thereon, or any portion thereof with any
mortgage, deed of trust sale and leaseback arrangement or other security device. The CITY
acknowledges that any Lender (as hereinafter defined) may require certain interpretations of or
modifications to the Agreement or the project and the 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. The CITY further agrees that it
will not unreasonably withhold its consent to any such requested interpretation or modification to
the extent such interpretation 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 of any Lender.
The mortgagee of a mortgage or beneficiary of a deed of trust 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 legal proceedings or termination proceedings, the
CITY shall deliver to all such Lenders written notification of any default by OWNER in the
performance of its obligations under this Agreement which is not cured 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 means to cure it. After receipt of the Second Default Notice, each such Lender
shall have the right, at its sole option, within ninety (90) days to cure such default or, if such
default 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 he deemed cured if any lender obtains possession.
17. Severabilit¥ of Terms. If any term, provision, covenant or condition of this
Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement
744368.11 December 12, 2003 - 31 -
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.
18. 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 Agreement
to be enforceable or required by law or unless this Agreement is modified pursuant to the
provisions set forth in this Agreement and Govemment Code Section 65868 as in effect on the
Agreement Date.
19. Rules of Construction and Miscellaneous Terms.
19.1. Interpretation and Governing Law. The language in all parts of this
Agreement shall, in all cases, be construed 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 governmental 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.
19.2. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
19.3. Gender. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, "may" is permissive.
19.4. 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 the CITY, arising by reason of such breach shall be applicable solely to the OWNER
that committed the breach. However, the CITY shall send a copy of any notice of violation to all
OWNERS, including those not in breach.
19.5. Time of Essence. Time is of the essence regarding each provision of this
Agreement of which time is an element.
19.6. Recitals. All Recitals set forth herein are incorporated in this Agreement
as though fully set forth herein.
744368.11 December 12, 2003 - 32 -
19.7. Entire A~reement. 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.
19.8 Authority to Execute Agreement. The person executing this Agreement
on behalf of the OWNER warrants and represents to the C1TY that this Agreement has been duly
approved by the OWNER and that all applicable notices and procedures were complied with and
that he is duly authorized by the OWNER to execute this Agreement on behalf of the OWNER
and has been duly authorized to do so.
20. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for
the exclusive benefit of the CITY and OWNER and its Development Transferees and shall not be
construed to benefit or be enforceable by any third party.
21. Exhibits. The following Exhibits are attached to this Agreement and
incorporated herein as though set forth in full:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Property Description and Designation of Parcels
DIF Rates Resolution No. 03-63
On-Site Public Improvements
[Intentionally Omitted]
Off-Site Public Improvements
[Intentionally Omitted]
Description of Empire Creek Box Culvert
Description of Proposed Lot Line Adjustment
IIII
IIII
744368.11 December 12, 2003 - 33 -
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year dated below.
CITY OF TEMECULA, a municipal corporation
Jeffrey E. Stone
Mayor
ATTEST:
Susan W. Jones, CMC
CITY Clerk
APPROVED AS TO FORM:
Peter M. Thorson
CITY Attorney
744368.11 December 12, 2003 - 34 -
"OWNER"
NORTH PLAZA, LLC, a California limited
liability company
By:
Name: William Johnson
Title: Managing Member
744368.11 December 12, 2003 - 35 -
State of California
County of Riverside
)
) ss
)
On before me, _, 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 signatm-e(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 of Notary
State of California
County of Riverside
)
) ss
)
On before me, ., 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 of Notary
744368.11 December 12, 2003 - 36 -
EXHIBIT "A"
(Legal Description and Depiction of Property and Proposed Parcels Thereon)
744368.11 December 12, 2003 - 37 -
P.M.
CITY OF TEMECULA
DEPAR~EN~ OF PUBUC ~ORKS
EXIt~IT A
EXHIBIT "B"
DIF RATES RESOLUTION NO. 03-63
744368.11 December 12, 2003 - 38 -
RESOLUTION NO. 03-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AND IMPOSING NEW
DEVELOPMENT IMPACT FEES AND INCREASING CURRENT
DEVELOPMENT IMPACT FEES EFFECTIVE JULY 26, 2003
PURSUANT TO CHAPTER 15.06 OF THE TEMECULA
MUNICIPAL CODE AND RESOLUTION NOS. 97-94 AND 98-30.
WHEREAS, on May 27, 1997, the City Council adopted Ordinance No. 97°09
establishing Chapter 15.06 of the Temecula Municipal Code, Public Facilities Development
Impact Fee ("DIF"), which was modified by Ordinance No. 97-14 on August 16, 1997, and was
further modified by Ordinance No. 98-05 on April 14, 1998; and
WHEREAS, on May 27, 1997, the City Council adopted Resolution No. 97-45 which
established the Development Impact Fees. This Resolution was restated and modified by
Resolution No. 98-30 on April 14, 1998; and
WHEREAS, the City Council adopted residential DIF as recommended in a
Development Impact Fee Study conducted by David M. Griffith and Associates (~DMG"), and
adopted non-residential DIF at 36% of the amount recommended by DMG; and
WHEREAS, Resolution 98-30 provides for an automatic annual adjustment of both
residential and non-residential DIF based on the percentage increase or decrease, if any, of the
Engineering News Record Building Cost Index ("BCl') for the Los Angeles Metropolitan Area
BCI for the twelve month period prior to May 1 of the year in which the change will be effective;
and
WHEREAS, Exhibit B to Resolution 98-30 contains projected fees for seven (7) years
with no escalation applied to residential DIF and an escalation of 10% per year applied to non-
residential DIF until fees reach 60% of the recommended fee; and
WHEREAS, Development Impact Fees are typically analyzed every three to five years to
monetarily quantify the impacts of development on certain capital facilities; and
WHEREAS, in August 2002, the City contracted with the firm of Maximus (formerly
DMG) to prepare a report providing recalculated development impact fees based on updated
information on existing and future development and facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as
follows:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare as follows:
A. As detailed in Exhibits A, residential Development Impact Fees shall be adopted as
recommended in the Impact Fee Study Report completed by Maximus dated March
10, 2003.
R:/Resos 2003/Resos 03-63 I
B. As detailed in Exhibit B, non-residential Development Impact Fees shall be phased in
over a three-year pedod. The non-residential fees would not be increased (except
for the annual BCI adjustment) until July 1, 2004 and would phase in to 100% of the
recommended fees beginning July 1, 2006.
C. According to Resolution 98-30, both residential and non-residential development
impact fees will be subject to an automatic annual adjustment based on the
percentage increase or decrease, if any, of the Engineering News Record Building
Cost Index ("BCI") for the Los Angeles Metropolitan Area BCI for the twelve month
period prior to May 1 of the year in which the change will be effective. These
annual BCl adjustments would continue during the phase-in of non-residential fees.
Section 2. These development impact fees will be effective July 26, 2003.
PASSED, APPROVED and ADOPTED by the City Council of the City of Temecula at a
regular meeting held on the 27~ day of May, 2003.
ATTEST:
[SEAL]
~// ~ffreyE'St°ne'May°r
R'JResos 2003/Resos 03-63 2
STATE OF CALIFORNIA )
COUNTYOF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 03-63 was duly and regularly ado~ted by the City Council of the City of
Temecula at a regular meeting thereof held on the 27 day of May, 2003, by the following vote:
AYES:
4 COUNClLMEMBERS: Comerchero, Naggar, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1
COUNCILMEMBERS:
Pratt
R:/Resos 2003/Resos 03-63 3
A'I'rACHMENT A
CITY OF TEMECULA
DEVELOPMENT IMPACT FEES
COMPARISON: CURRENT FEES VS. STUDY MAXIMUM ALLOWABLE FEES
A1TACHMEHT B
CITY OF TEMECULA
DEVELOPMENT IMPACT FEES
3-YEAR PHASE IN SCHEDULE
(WITHOUT ANNUAL BCI ADJUSll~IENTS)
EXHIBIT "C'
ON-SITE PUBLIC IMPROVEMENTS
1. Complete installation of Street and Right of Way Improvements for North Plaza
Drive including curb and gutter, sidewalk, sewer, water, storm drains, streetlights and
underground public utilities.
2. Complete installation of Street and Right of Way Improvements for Park Plaza
Lane including curb and gutter, sidewalk, sewer, water, storm drains, streetlights and
underground public utilities.
3. Redesign the alignment of Park Plaza Lane to connect to the new Rancho Way
and design and construct public improvements to support that redesign. Prepare the
necessary right-of-way documents to cause the dedication of Park Plaza Lane and Rancho
Way.
4. Design and construct Street and Right of Way Improvements for the intersection
of Rancho Way and Ynez Road to meet the standards of the department of Public Works.
Prepare the necessary right-of-way documents including slope easements to cause the
dedication of Rancho Way from Interstate 15 to Ynez Road. Prepare the necessary right-
of-way documents to cause the vacation of the redesigned portion of Park Plaza Lane
connection to Ynez Road.
5. Prepare the necessary right-of-way documents to cause the dedication of a storm
drain easement for Empire Creek to be realigned and contained in order to accommodate
the future construction of Rancho Way.
744368.11 December 12, 2003 - 39 -
pCL. ~
LEGEND
~'-~ INOI~[ES ON-$ff£ II~P£O~MENI'$
~ pCL. G
EXHIBIT C-2
CITY OF TEMECULA
DEPAR~'~EN~ OF PUBUC ~ORKS
PROPOSED ON-SITE
IMPROVEMENTS
EXHIBIT "D"
[Intentionally Omitted]
744368.11 December 12, 2003 - 40 -
EXHIBIT "E"
OFF-SITE PUBLIC IMPROVEMENTS
1. Design and constnlct a Traffic Signal at the intersection of North Plaza Drive and
Ynez Road to meet the standards of the Department of Public Works
2. Design and construct a Traffic Signal at the intersection of Rancho Way and Ynez
Road to meet the standards of the Department of Public Works
3. Design and construct a raised landscaped median on Ynez Road from North Plaza
Drive to the Empire Creek crossing to meet the standards of the Department of Public
Works and Temecula Community Services District.
744368.11 December 12, 2003 - 41 -
pCL'
PROPOSED TRAFFIC
?CL.
?CL.
C
pCL. O
LECEND
~-~-~ INDICATES OFF-SITE IIIPROVEIIENTS
/
G
pCL.
pC~. ~
pct.
pCL- L
LANDSCAPE
lIED/AN
PROPOSED TRAFFIC
SIGNAL
LANDSCAPE IIEDtqN
EXHIBIT E-2
CITY OF TEMECULA
DEPARTlIENT OF PUBLIC WORKS
PROPOSED OFF-SITE
IMPR 0 VEMENTS
EXHIBIT F
[Intentionally Omitted]
42
Exhibit G
Description of Empire Creek Box Culvert
43
LEGEND
INDICATES DRAINAGE EASEMENT
EXHIBIT G
9F TEMECULA
DEPARTI~ENT OF PUBLIC I~ORK$
EMPIRE CREEK ~
DRAINA GE EASEMENT
Exhibit H
Description of Proposed Lot Line Adjustment
44
pct.
//pCL.
~ pCL- O
AREAS (PROPOSED PARCELS)
PARCEL A 2.04 AC 88,712 SF
PARCEL B 4.$7 AC 190,456 SF
PARCEL C 4.75 AC 206,000 SF
PARCEL D Z 19 AC ~I~,225 SF
P~CEL E 4.7~ AC 206,142 SF
PARCEL F ~.70 AC 161,202 SF
L.L.A. NO. 3
Pz~CE~S Gl, 7, 8 ~ D1
TO P~CELS G, H, I a; D2
L.L.A. NO. 4
£~CZT.$ DR, 9, i5 ~ I6
TO £A~C~$ D, J,I~, ~ ~
LEGEND
l.l.~ lOT lINE A~IUSTMENT
POR. PORTION
POL. PARCEl
P.I~. PARCEL WAP
P..~8. PARCEl ~4P BOOK
NO. NUMBER
N.~P. NOTA PART
kP. ASSESSOR'S PARCEL
AC ACRES
SF SOUARE FEET
~OT CID' OF TEME£UlA - FUTURE
PUBUC RIC, HT-OF4/AY
FUTURE CERTIFICATE OF COMPII4NCE
AFTER CID' ACOUISITION
PARCEL C 1.76 AC 76,846 SF
PARCEL H 1.48 AC 64,~78 SF
PARCEL I 1.99AC B .TL SF
PARCEL J 1.50 AC 65,222 SF
P~CEL K 1.00 AC 43,686 SF
PARCEL L ~.97 AC I7~, 120 SF
P~K P~A ~NE-TO BE DEDI~TED J6,632 SF
~CHO WAY-FUTU~E 55,026 SF
ITEM 17
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANi~E~
CITY MANAGER ~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
~usan W. Jones
ity Clerk/Director of Support Services
December 16, 2003
Appointment of Mayor and Mayor Pro Tern for Calendar Year 2004
RECOMMENDATION:
Entertain motions from the City Councilmembers to appoint the Mayor to preside until
the end of Calendar Year 2004.
Entertain motions from the City Councilmembers to appoint the Mayor Pro Tern who
will assume the duties of the Mayor in the Mayor's absence, and hold this office until
the end of Calendar Year 2004.
BACKGROUND: The City Council appoints a member to serve as Mayor and Mayor Pro
Tem annually. These offices are assumed at the first meeting of the City Council in January
and the newly elected Mayor and Mayor Pro Tem will preside through the Calendar Year of
2004.
Agenda Reports/Appointment of Council Officers 2004
ITEM 18
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC~i~:~:~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council
Shawn Nelson, City Manager
December 16, 2003
Consolidation of City Council Elections in November of Even-Numbered Years
PREPARED BY: Susan W. Jones, City Clerk
RECOMMENDATION:
Consider adoption of an ordinance to change the date for holding City Council Elections
to November of even-numbered years and if desired, read by title only and introduce an
ordinance entitled;
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REQUIRING THAT THE GENERAL MUNICIPAL ELECTIONS OF THE
CITY OF TEMECULA BE HELD ON THE FIRST TUESDAY AFTER THE
FIRST MONDAY OF NOVEMBER
IN EACH EVEN-NUMBERED YEAR
BACKGROUND: In March of 1994, at the request of the Riverside County Registrar of
Voters, the City of Temecula changed its regularly scheduled elections to odd-numbered years.
At the time, the major advantage cited by the Registrar's office, was the realization of cost
savings in the range of 20% to 55% to participating cities. Since not all ofthe cities agreed to
make this change, and due to otherfactors affecting cost, these savings were not realized.
Ords-Even-Numbered Election I
As a result, there have been some interest in changing the elections back to the even numbered
years to coincide with regularly scheduled Presidential and Congressional Elections. With other
items on the ballot, it is anticipated that voter participation would be higher.
Should the City Council desire to make a change, the terms of all existing City Councilmembers
would need to be extended one-year. The terms of Mayor Stone and Councilmembem
Comerchero and Roberts would be extended to November of 2006. The terms of Mayor Pro
Tern Naggar and Councilmember Washington would be extended to November of 2008.
FISCAL IMPACT: None
Orals-Even-Numbered Election 2
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 2.08 OF THE MUNICIPAL CODE REQUIRING THAT THE
GENERAL MUNICIPAL ELECTIONS OF THE CITY OF TEMECULA BE HELD ON
THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER IN EACH
EVEN-NUMBERED YEAR
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS:
Section I - Findings: The City Council of the City of Temecula finds as follows:
A. Pursuant to the terms of Elections Code Section 10403.5, cities are authorized
to change the date of general municipal elections to coincide with the elections date of the
statewide direct primary, the statewide general election or the date of school district elections;
B. The City Council finds that its goals of encouraging maximum voter turn-out and
minimizing costs will be promoted by changing the general municipal election date of the City
from the first Tuesday, after the first Monday of November in each odd-numbered year to the
first Tuesday, after the first Monday of November in each even-numbered year.
C. If approved by the Riverside County Board of Supervisors, this change will not
have the effect of extending any term of office by more than twelve months.
Section 2 - Change in General Municipal Election Date: Section 2.08.010 of the
Temecula Municipal Code is hereby amended to read as follows:
"2.08.010 When held Commencing with the general municipal elections to occur
during 2006, general municipal elections of the City of Temecula shall be held on the first
Tuesday after the first Monday of November in each odd-numbered year."
Section 3 - Extension of Terms of Office: Section 2.08.020 of the Temecula
Municipal Code is hereby amended to read as follows:
"2.08,020 Extension of terms
A. Pursuant to Elections Code Section 10403.5, those councilmembers of the City
of Temecula whose terms of office would have, prior to the adoption of this Ordinance,
expired following the November, 2005, general election shall, instead, continue in office until
no later than the fourth Tuesday after the date of the November, 2006, general municipal
election of the City of Temecula."
B. Those councilmembers of the City of Temecula whose terms of office would
Ords-Even-Numbered Election I
have, prior to the adoption of this Ordinance, expired following the November, 2007 general
election shall, instead, continue in office until no later than the fourth Tuesday after the date of
the November, 2008, general municipal election of the City of Temecula.
Section 4 - Effective Date: This Ordinance shall become operative 30 days from the
date of its adoption and upon approved by the Board of Supervisors of the County of Riverside.
Section 5 - The City Clerk is hereby directed to:
A. Certify to the adoption of this Ordinance and cause the same to be published as
required by law;
B. Transmit a copy of this Ordinance to the Clerk of the Board of Supervisors of the
County of Riverside, together with the request that said Board approve this Ordinance and
provide the City with notice of such approval; and
C. Within thirty (30) days after approval of this Ordinance by the Board of
Supervisors of the County of Riverside, cause a notice to be mailed to all registered voters in
the City of Temecula informing them of the change in the general municipal election date and
councilmembers terms affected by this Ordinance, which notice shall be in accord with the
requirements specified in California Government Code Section 36503.5(e).
PASSED, APPROVED AND ADOPTED, this day of
,2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
Ords-Even-Numbered Election 2
I, Susan W. Jones, City Clerk of the City of Temecula, California, 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 16th day of December, 2003, and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council of the
City of Temecula on the 13th day of January, 2004 by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, City Clerk
Ords-Even-Numbered Election 3
ITEM 19
APPROVAL
CITY ATTORNEY
DIRECTOR OF
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
, jCity Manager/City Council
"~J~William G. Hughes, Acting Director of Public Works/City Engineer
December 16, 2003
Summarily Vacate Portion of Park Plaza Lane in Pareel Map No. 23496
(Located within Auto Mall Development at Ynez Road)
PREPARED BY: ~lRonald J. Parks, Deputy Director of Public Works
Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA SUMMARILY VACATING A
PORTION OF PARK PLAZA LANE IN PARCEL
MAP NO. 23496.
BACKGROUND: The City of Temecula approved Parcel Map No. 23496 on
December 21, 1990, including acceptance of offers of dedication for street and public utility
purposes, said offers including Park Plaza Lane.
On December 16, 2003, the City Council approved a new Development Agreement for the Auto
Mall (Parcel Map No. 23496). As part of the new Agreement, the southerly portion of Park
Plaza Lane will be re-aligned to intersect the proposed Rancho Way Extension. The recorded
parcel map currently shows the southerly portion of Park Plaza Lane intersecting Ynez Road.
The agreement further requires that the owner dedicate the right of way necessary for the
Rancho Way Extension. The portion of Park Plaza Lane currently connecting to Ynez Road will
be summarily vacated in accordance with adoption of this Resolution by City Council. The offer
of dedication of Rancho Way will be accepted under separate action.
The proposed street improvements and utilities for the tract have not been installed to date.
Therefore, there is no necessity to reserve easements for public utility purposes with the subject
portion of the road to be vacated.
FISCAL IMPACT:
None
ATTACH M E NTS:
1. Resolution No. 03-
2, Location Map
with Exhibits "A" and "B"
R:~AGENDA REPORTS~2003\121603~PM 23496.Vacate Park Plaza Lane.doc
1
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA SUMMARILY VACATING a
PORTION OF PARK PLAZA LANE IN PARCEL
MAP NO. 23496.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare as follows:
The City Council of the City of Temecula does hereby find, determine and
(a)
That the City Council intends to summarily vacate a portion of Lot "B" (Park Plaza Lane)
between Ynez Road and 600 feet (more or less) westerly of Ynez Road, in the City of
Temecula which area is more particularly described on Exhibit "A" and depicted on
Exhibit "B" (the street). Exhibits "A" and "B" are attached hereto and incorporated herein
as though set forth in full.
(b)
That the subject portion of Lot "B" (Park Plaza Lane) to be vacated is consistent with the
General Plan Circulation Element.
(c)
The right-of-way to be vacated by this resolution is excess right-of-way of a street not
required for street or highway purposes.
(d)
This vacation is made pursuant to Section 8330 to 8336 of the Streets and Highways
Code.
(e) There are no public utility easements or facilities which will be affected by this vacation.
Section 2. The portion of Lot "B" (Park Plaza Lane) described in Exhibits "A" and "B"
which are attached hereto and incorporated herein by this reference are hereby vacated and
from and after the date of this Resolution is recorded, this portion of said Lot "B" shall no longer
constitute a street and public utility easement or right of way of the City of Temecula and shall
revert to the property owner.
Section 3. The City Clerk shall certify the adoption of this resolution and shall cause
a certified copy of the Resolution to be recorded pursuant to Streets and Highways Code
Section 8336.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 16th day of December 2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC, City Clerk
(SEAL)
R:~AGENDA REPORTS~2003\121603\PM 23496.Vacate Park Plaza Lane.doc
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 03- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 16th day of December 2003, by the following
vote:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:~AGENDA REPORTS~003\121603\PM 23496.Vacate Park Plaza Lane.doc
3
RBF CONSULTING
27555 Ynez Road, Suite 400
Temecula, CA 92591
Revised December 5, 2003
JN 15-401441-M2
EXHIBIT "A"
VACATION
PARK PLAZA LANE
That certain parcel of land situated in the City of Temecula, County of Riverside,
State of California, being that portion of Lot "B" (Park Plaza Lane) of Parcel Map
No. 23496 filed in Book 168, Pages 41 through 45 of Parcel Maps in the Office of
the County Recorder of said County of Riverside, described as follows:
COMMENCING at the northwesterly terminus of that certain course shown as
"North 57°20'19"West 304.79 feet" in the centerline of Park Plaza Lane as
shown on said Parcel Map;
Thence along said centerline South 57°20'51"East 113.97 feet to the TRUE
POINT OF BEGINNING;
thence North 32°39'09" East 39.00 feet to a point in the general northerly line of
said Park Plaza Lane;
thence along said general northerly line through the following courses:
South 57°20'51'' East 190.82 feet to the beginning of a tangent curve concave
northerly and having a radius of 511.00 feet;
thence along said curve easterly 369.67 feet through a central angle of
41 °26'58";
thence non-tangent from said curve North 34°52'35" East 33.31 feet to the
westerly line of Ynez Road as shown on said Parcel Map;
thence leaving said general northerly line, along said westerly line
South 09°01'19'' East 126.00 feet to the general southerly line of said Park Plaza
Lane;
thence along said general southerly line through the following courses:
North 52°42'35"West 33.19 feet to a point on a non-tangent curve concave
Page 1 of 2
H:\PDATA\401441\OFFICE\WPWlN\44 llgl002.doc
northerly and having a radius of 589.00 feet, a radial line of said curve from said
point bears North 08°50'35'' West;
thence along said curve westerly 426.57 feet through a central angle of
41 °29'44";
thence tangent from said curve North 57°20'51'' West 190.82 feet;
thence North 32°39'09'' East 39.00 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 1.108 Acres, more or less.
EXHIBIT "B" attached hereto and by this reference made a part hereof.
This description was prepared
by me or und,er/rny ~irgction.
'"--Thomas E. Verlo~p,~.L.S. 5348
Expires 12/31/03
Page 2 of 2
H:\PDATA\401441\OFFICE\WPWlN\44 llgl002.doc
100 0 100 200 500
GRAPHIC SCALE
P.O.C.
T. P. O.B. PARCEL
fi/Ap NO.
23495
PCL, 1o
PCL.
7
PCL. 14
LEGEND
P.O.C.
T.P.O,B.
P.M.B. 158/41--45
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
DATA TABLE
(~) BEARING/DELTA RADIUS LENGTH
1 N80 ° 58' 09"E -- 88.00'
2 S09°01 ' 19"E -- 126.00'
3 N34° 52' 35"E -- 33.51 '
4 N52° 42' 35"W -- 55.19'
5 N32 ° 39' 09"E -- 39.00'
6 S57°20'51"E -- 304.79'
(N57° 20' 19"W -- 304.79' )
EXHIBIT
VACATION
PARK PLAZA LANE
r-O N SU LTl N G
PCL. 8
67'
INDICATES RECORD PER
PARCEL MAP NO. 23496,
P.M.B. 168/41-45
SHEET 1 BF 1 SHEET
J SCALE I JDB ND.
REV. DEC. 5, 2003 1"=100' 15-401441-M2
200 0 200 400 600
GRAPHIC SCALE
/
DATA TABLE
--~ BEARING/DELTA RADIUS
LENGTH
1 01'38'49" 1600.00'
2 N69'36'20"E --
5 N20 ' 23' 40 "w --
4 36' 57' 11" 550.00'
5 N27 ° 22' 44 "E --
6 N69°56'20"E --
7 N64' 13'31"W --
8 N20°23'40"W --
9 ,36' 57' 11" 589.00'
10 N52'39'09"E (R)
11 36'57'11" 511.00'
12 N20' 25' 40 "w --
13 N25' 26 ' 11"E
14 N20 °23' 40 "w --
15 N69' 56' 20 "E --
16 N57'45' 14"W --
17 N09"01 ' 19"W --
18 N69' $6' 20 "E --
45.99'
418.00'
151.23'
354.72'
30.45'
259.95'
54.66'
82.23'
579.88'
78.00'
329.57'
82.23'
34.66'
88.00'
558.17'
57.16'
140.76'
63.00'
PCL. ~4
P.M.8. ~ea/4t-45
2~496
Pc/_
EXHIBIT 'B'
RIGHT OF WAY
SHEET 1 DF 1 SHEET
OONSULTINB
27555 YNEZ ROAD, SUrlI~ 400
~MECULA, CALIF-ORNIA 92591-4679
909,676.8042 · FAX 909,676.7240 · w'e~.RBF.com
OCTOBER 16, 2005
SCALE
1"=100'
JDB NB.
15401441-M
c)
DEPARTMENTAL
REPORTS
APPROVAL
CITY ATTORNEY
DIRECTOR OF
CiTY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Jim Domenoe, Chief of Police ~
December 16, 2003
Monthly Departmental Report
The following report reflects special.teams, traffic enfomement and miscellaneous activity occurring
during November 2003. The Police Department responded to 45 "priority one" calls for service
during the month of November, with an average response time of approximately 5.5 minutes. A
total of 3,984 calls for police service were generated in the City of Temecula during the month.
During November, the Temecula Police Department's Town Center Storefront served a total of 110
customers. Forty-one sets of fingerprints were taken, 23 people filed police reports and seven
people had citations signed off. Crime Prevention Officer Lynn Fanene participated in a number of
special events, neighborhood watch and community-oriented programs during the month. He also
coordinated requests for patrol ride-alongs. Additionally, he continued to provide residential and
business security surveys/visits and past crime follow-up. Officer Fanene also continued to process
City Planning Department submissions of site plans/conditions.
During November, the POP Teams continued investigating an extensive follow-up investigation by
the Riverside County District Attorney's Office. This investigation was in reference to a disturbance
and assault that occurred at the In-N-Out Restaurant in Temecula. POP Teams made numerous
felony and misdemeanor arrests for various crimes. They also issued citations for various traffic
violations.
The traffic team reported that during the month of November there were 1090 citations issued for
hazardous violations, 81 citations were issued for non-hazardous violations and 154 parking
citations were issued. During the month there were 10 injury traffic collisions, 64 non-injury
collisions were reported and 15 drivers were arrested for DUI. In other citation summary
information, the Neighborhood Enforcement Team (NET) program resulted in 73 citations being
issued. This program addresses traffic concerns in residential neighborhoods with a dedicated
motor officer. The SLAP program (Stop Light Abuse Program) resulted in 412 citations being issued
during November.
During the month of November, the POP officers assigned to the Promenade Mall handled a total of
141 calls for service. The majority of these calls were for shoplifting investigations. During the
month, calls and on-sight activity resulted in the criminal arrest and filings on one felony and 21
Monthly Departmental Report - Police Depadment I
misdemeanor cases. Officers McEIvain and Rahn continued to provide training to security staff
during the month. The mall officers continued to work to prevent vehicle thee and vehicle burglaries.
There was only one vehicle thee and no vehicle burglaries reported during the month of November
at the mall.
Our five school resource officers have remained active during November with the beginning of
another school year. The school resource officers conducted many counseling sessions with
students. A total of 40 investigations/reports were conducted/written by the school resource officers
during November. The school resource officers made felony arrests for assault with a deadly
weapon, and misdemeanor arrests for battery and possession of marijuana.
The JOLT program (Juvenile Offender Law Enforcement Program) continues to be a success in part
through its Youth Court program. Officer Michelle Medeiros conducted the 121st Youth Court
session. The JOLT officer assisted at other schools when needed and conducted follow-ups with
parents of juveniles in the JOLT program. Officer Medeiros also worked with "at risk" juveniles
throughout the month and also conducted counseling sessions with their parents. She assisted the
Riverside County District Attorney's Office and Probation Department by providing training during
home visits with incorrigible/at risk juveniles during the month of November.
During the month of November, the Special Enforcement Team (SET Team), consisting of Officers
Jon Wade and Gary Lee, made felony and misdemeanor arrests, primarily for narcotics violations.
The SET Team served search warrants for narcotics violations and recovered quantities of
methamphetamine and marijuana. This team continues to work street level narcotics and specialty
patrol within the city on a proactive basis.
Volunteers from the community continue to be an integral part of the Temecula Police Department's
staff. Under the guidance of volunteer coordinator Officer Bob Ridley and assistant coordinator
Gayle Gerrish, the Police Department's volunteer staff contributed 380 hours of service in
November. Volunteer assignments include computer data input, logistics support, special event
assistance and telephone answering duties.
Community Action Patrol (CAP) Program volunteers have continued their activities, patrolling the city
for graffiti, conducting vacation residential checks and assisting patrol with special logistical needs
and special events. Other duties these volunteers attend to are business checks and abandoned
vehicles and traffic control. The goal of the program is high visibility, which prevents crime from
occurring. CAP Team members contributed 180 hours of service to the community during the
month of November.
The reserve officer program and mounted posse are additional valuable volunteer resources
available to the police department. The police department utilizes reserve officers to assist with
patrol, traffic enforcement, crime prevention and a variety of special functions. Reserve police
officers worked a total of 140 hours specifically on patrol in Temecula during November.
The Temecula Citizen Corps Program continued to develop during the month of November. The
executive body, or the TCC Council, continued to hold their bi-weekly meetings at the American Red
Cross building. The council is comprised of representatives from the police and fire departments,
the City, local business, the Temecula Valley Unified School District, the American Red Cross, and a
local citizen. Most of the volunteer leadership positions have now been filled, and the program is
progressing well toward meeting the goals provided by members of the city council. Members of
the TCC made presentations to the Temeku Hills HCA and the Rainbow Canyon HCA. Recruitment
continues and the organization's policies are being formalized and documented.
Monthly Departmental Report- Police Department 2
Additionally, on November 15, the Temecula Police Department, in conjunction with the Riverside
County Sheriff's Department, hosted the annual K-9 trials at the Chaparral High School with a mini
public safety expo. Members of the Temecula Police Department and the Riverside County Sheriff's
Department manned display booths that represented various areas of law enforcement expertise.
Personnel from the fire department and other public safety agencies such as the American Red
Cross were also present to inform and educate the public as to current public safety issues. Local
law enforcement volunteer organizations like the Temecula Citizen Corps and CAP (Community
Action Patrol) were also present at the expo with their displays. This year's K-9 trials were a
success in part because of the support and addition of the mini public safety expo.
Monthly Departmental Report- Police Department 3
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINANCE ·
CITY MANAGER ~'~
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
,
Jim O'Grady, Assistant City Managerf~''~?'~
December 16, 2003
Economic Development Monthly Departmental Report
Prepared by: Gloria Wolnick, Marketing Coordinator
The following are the recent highlights for the Economic Development Department for the month
of November 2003.
ECONOMIC DEVELOPMENT
Leads & Inquiries
In the month of November, the City received 3 leads and 3 inquiries. The leads consisted of
a San Diego Law Firm looking to open an office in the Temecula area, a hotel and a 40,000 sq.
ft. mid - upscale furniture store. The inquiries consisted of a mixed-use development, an online
university and a general inquiry via City website requesting information (considering opening a
business in Temecula).
Mayor Stone, Councilmembers Comerchero, Naggar and Roberts and staff attended the Baily's
Groundbreaking Celebration on November 20t". Once constructed, Baily's will occupy about
3,717 square feet on the top floor of the new building. Front Street Restaurant, a more casual '
restaurant serving barbecue and gourmet burgers, will occupy the first floor. Both restaurants
will offer patio seating and the building will include a 3,200-square-foot banquet facility.
Media/Outreach Materials
The Temecula Business Brochure was published in November and brochures were provided
to the Temecula Chamber, EDC and Economic Alliance.
Meetin.qs
Staff attended the EDC of Southwest Riverside County Business Relations Committee
Meeting on November 6th. A follow-up action report was provided on Best Value Inn and Jim
O'Grady provided a company contact report on Turnkey Schools. The goal progress report and
new committee assignments were given.
On November 11t~, staff attended a meeting of the Technical Committee of the 1-15
Partnership. The group discussed "priorities" for the draft strategies. A copy of the "draft
strategies" were forwarded to Council with staff's summary. In addition, SANDAG/WRCOG will
also provide a summary. They also plan to do a community outreach program to City Councils
CITYMGR\WOLN C KG\November'03 DEPT.REPT.DOC 1
and our communities, and would appreciate our thoughts on how best to do that. Some
information is also available on their website which is www.1151RP.orq.
Staff attended the Partners in Education Committee Meeting on November 3rd. Reports were
provided on a Career Day and Job Shadowing Day, Internship Program, Career Videos and
brainstorming on future actions. Staff also attended the Partners in Education subcommittee
meeting "Perkins Grant Advisory Committee" on November 21st to review the Carl D.
Perkins Vocational and Technical Education proposals. The committee provided
recommendations for funding projects under the Carl D. Perkins Vocational & Technical
Education Act.
On November 4th, staff met with Peter Robinson regarding possible residential and retail
projects in Temecula.
Staff attended the Economic Alliance Business Advisory Committee Meeting on November
3rd. The committee discussed the branding logo and launch. The committee assisted the
Alliance Partners with a logo recommendation. The committee agreed that the EDC Quarterly
Luncheon would be a groat venue for the formal launch and will assist the Alliance to ensure a
successful event.
Staff attended the EDC of Southwest Riverside County Board of Director's Meeting on
November 20th. The EDC Board Members reviewed information on the Business Odyssey
Special. The EDC was approached to participate in a 5 - 7 minute story, which would air on the
CNBC network's Business Day programming. The Economic Alliance made a presentation of
their upcoming branding and marketing campaign to the EDC Board and other business leaders
in the region highlighting the purpose and goals of this project. The next EDC Quarterly
Luncheon will officially launch this campaign and will be held at Pechanga on January 30th.
Throughout the month, staff met with Bill Johnson, Dick Kennedy and others to review the
Temecula Auto Mall Draft Development Agreement. The Planning Commission will consider
the agreement on December 3rd and the City Council on December 16th.
Staff met with the CD Richard Ellis Group on November 6th regarding possible residential and
retail projects in Temecula.
Staff met with AG Kading throughout the month to discuss timing milestones and permit
timelines relating to the Higher Education Campus.
Staff attended the Murrieta/Temecula Group Meeting at Callaway Winery on November
On November 18th, staff gave a power point presentation to the Morning Rotary on current
developments in Temecula.
Staff met with Jim Peterson of Nissan on November 17th to discuss possible expansion.
On November 18th, staff attended the EDC of Southwest Riverside County Government
Action Committee. Workers Comp and other pending legislation was discussed. Jim O'Grady
thanked the EDC for their support of the League Initiative to protect local revenues.
CITYMG R\WOLNIC KG\November'03 DEPT.REPT.DOC 2
TOURISM
Travel Trade Show
City and Chamber staff exhibited at the Orange County Glamer Show on November 7th at the
Plaza Garibaldi Dinner Theatre & Entertainment Facility in Anaheim. Over 150 active senior
travel buyers attended. This was an opportunity for Temecula to develop new group business
with the senior travel market.
FAMILIARIZATION TOURS
Staff assisted and participated on the Inland Southern California Familiarization Tour on
November 18th. The tour was put on by the City of Ontario and the tour partners included the
City of Temecula, Big Bear Lake Resort Association, Glen Ivy Hot Springs Spa and the Ontario
Mills Mall. Attendees included: Mark Thorpe, Director of Air Service Marketing, and Troy
Chapman of Los Angeles World Airports, and several Public Relations Agencies: Roberta
Silverman of Rogers & Associates and Ilene Prince of Fraser Communications.
Fraser Communications will be using the City's marketing logo and a Temecula photo on an
Ontario International Airport's traveler focused print ad. The ad will show concentric circles
indicating mileage from Ontario Airport and indicating with logo of places of interest. Temecula
will also partner with the LA World Airports on other opportunities promoting tourism in
Temecula.
Staff assisted Elaine Call, Communications Director for the Anaheim/Orange County
Convention & Visitors Bureau, on an Australian Press Group Tour, which occurred on
November 20th. The Australian Press Group consisted of four Australian writers, the Australian
Account Manager of California Tourism, and the Anaheim/Orange County CVB
Communications Director. The tour began in Old Town with Wendell Oft providing an overview
of the Temecula Valley Museum. Maggi Allen provided a brief Walking Tour of Old Town and
overview of the Children's Museum. The Temecula Winegrowers Association arranged for a
wine tasting and tour of Ponte Winery provided by Winegrowers' President, Roberto Ponte.
During lunch at Callaway Winery, Allie's Chef, Steve Hamlin, provided a talk on wine country
cuisine and the Temecula Winegrowers Executive Director provided an overview of wine
country. Staff presented the Temecula tourism video and the tour concluded with a barrel
tasting at Callaway.
Media/Advertising
Staff was contacted via City's website by Janet Hanafin, a freelance writer for the Senior
Times (a metro-wide publication in St. Paul Minneapolis). She is writing an article on
"undiscovered" destinations where Minnesota snowbirds might like to spend one to three
months in the winter. Staff provided her with tourism, hotel, RV, and apartment rental guide
information. Since the article applies to active seniors, staff provided a copy of the "Where to
Retire" article on Temecula, Temecula Senior Center & senior activities information as well.
An article on Temecula was published in the November 30, 2003, issue of the Los Angeles
Times Real Estate Section. The article talks of the tourist attractions, housing, schools,
business attraction efforts and references the traffic situation but states that we are addressing
it. Sources: Temecula Planning Department, City and Winegrower's website, local realtors and
Dataquick. (see attached)
Staff worked with a graphic designer and updated the City ads for the following tourism
publications: San Diego Convention & Visitors Bureau Visitors Pocket Guide and San
Diego North Visitors Guide.
CITYMG R\WOLNICKG\November '03 DEPT. REPT. DOC 3
Staff submitted a calendar of Temecula special events to the Old California Gazette. The
following events were published in the November issue: Earle Stanley Gardner Mystery
Weekend, Old Town Dicken's Christmas and Fairytale Festival at Temecula Town Center.
Meetin.qs
Staff attended the Temecula Valley Chamber Tourism Committee Meeting, which was held
at Wilson Creek Winery on November 6th. Staff reported on the City's advertising/marketing
activities: new City business brochure has been published and features a section on tourism in
the Temecula Valley, Preferred Destinations Magazine will feature Temecula in their Spring
issue - "Mission Vineyards & Frontier History." Weaver Publications provided the City with a
free full-page color ad in the 2004 San Diego Travel Planners Guide. The Guide is now being
distributed. Chamber and City staff will attend the Orange County Glamer Show on November
7th at the Plaza Garibaldi Dinner Theatre & Entertainment Facility in Anaheim. Over 100 active
travel buyers are expected to attend. Old Town Temecula's Dickens Christmas Celebration will
begin on Saturday, November 22 and every weekend until Christmas.
On November 25th, staff held a Post Event Meeting with the Race For The Cure organizers to
review the Race For The Cure event, which was held on October 19th. The event was very
successful and there were 6,900 participants. The streets were cleaned up by 11:30 am and
the volunteers did a great job. The organization has added seven new Board members that will
bring more influence and skills to the area. Future race productions will be handled in-house
which will provide internal control. The 2004 racecourse will remain the same as this past years
course.
Staff met with Jennifer Larsen of California Homes on November 6th to discuss advertising
opportunities with Califomia Magazine. The publication is a high-end publication that is placed
in Orange County and San Diego upscale hotels.
ATTACHMENTS
Temecula Valley Chamber of Commerce Activities Report (Not submitted)
Economic Development Corporation of Southwest Riverside County
Activities Report (Not submitted)
Southwest Riverside County Economic Alliance Activities Report (Not
submitted)
Temecula Valley Film Council Activities Report (Not submitted)
Article
CITYMGR\WOLNICKG\November'03DEPT.REPT.DOC 4
APPROVAL
CITY ATTORNEY
DIRECTOR OF F'INANC_E.4~;~:~_
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
D,~/~William G. Hughes, Director of Public Works/City Engineer
December 16, 2003
Department of Public Works Monthly Activity Repod
RECOMMENDATION: Attached for City Council's review and filing is the Department of
Public Works' Monthly Activity Reports for the month of November, 2003.
MOACTRPT
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Bill Hughes, Director of Public Works/City Engineer
~Brad Buron, Maintenance Superintendent
December 2, 2003
Monthly Activity Report - November~ 2003
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of November, 2003:
SIGNS
A.
B.
C.
Total signs replaced
Total signs installed
Total signs repaired
129
3
8
2
1A45
21
382
0
14
2~789
Il.
TREES
A. Total trees trimmed for sight distance and street sweeping concerns
II1.
ASPHALT REPAIRS
A. Total square feet of A. C. repairs
B. Total Tons
IV.
CATCH BASINS
A. Total catch basins cleaned
RIGHT-OF-WAY WEED ABATEMENT
A. Total square footage for right-of-way abatement
VI.
GRAFFITI REMOVAL
A. Total locations
B. Total S.F.
VI1.
STENCILING
A. 209 New and repainted legends
B. 143 L.F. of new and repainted red curb and striping
Also, City Maintenance staff responded to 34 service order requests ranging from weed abatement, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 54 service order requests
for the month of October~ 2003.
The Maintenance Crew has also put in 108 hours of overtime which includes standby time, special events and
response to street emergencies.
The total cost for Street Maintenance performed by Contractors for the month of November~ 2003 was $119~732.00
compared to $ 56~503.66 the month of October ~ 2003.
Account No. 5402 $ 119,732.00
Account No. 5401 $ - 0 -
Account No. 999-5402 $ - 0 ~
CC:
Ron Parks, Deputy Director of Public Works
Ali Moghadam, Senior Engineer (CIP/Traffic)
Grog Butler, Senior Engineer (Capital Improvements)
Amer Attar, Senior Engineer (Capital Improvements)
Jerry Alegria, Senior Engineer (Land Development)
z
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of November, 2003
DATE. DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE
CONTRACTOR: IMPERIAL PAVING COMPANY
Date: 11/17/03 PECHANGA PARKWAY GRIND AND REPLACE A,C.
# 5402
I $ 82,732.00
TOTAL
COST
Date: 11/19/03 CALLE PIi~A COLADA REMOVAL OF SPEED BUMPS
# 5402
I $ 27,000.00
TOTAL
COST
Date:
#
TOTAL COST I
Date:
#
TOTAL COST I
CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT
Date: 11/03 CITYWIDE WEED ABATEMENT AND TRASH REMOVAL
FROM CITY R.O.W's
# 5402
I $ 10,000.00
TOTAL
COST
Date:
#
TOTAL COST [
CONTRACTOR:
Date:
#
TOTAL COST [
Date:
#
TOTAL COST [
TOTAL COST ACCOUNT #5401 $ -0-
TOTAL COST ACCOUNT #5402 $119~732.00
TOTAL COST ACCOUNT #99-5402 $ -0-
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF NOVEMBER, 2003
TOTAL
DATE LOCATION SCOPE OF WORK S.F.
TONS
1/05/03 FRONT STREET FILL POTHOLES 7 TEMP AC
1/06/03 WINCHESTER CREEK FILL POTHOLES 4 TEMP AC
1/10/03 28822 FRONT STREET R & R AC 192 6
1/20/03 PECHANGA PARKWAY CONSTRUCT A.C. DOWN SPOUT 204 6
1/24/03 PECHANGA PARKWAY N/O WOLF VALLEY CONSTRUCT A.C. DOWN SPOUT 360 4.5
1/25/03 RANCHO VISTA AT EL GRECO OVERLAY 378 4.5
TOTAL S.F. OF REPAIRS L145
TOTAL TONS 21
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF NOVEMBER, 2003
DATE LOCATION WORK COMPLETED
11/03/03 AREA #1 CLEANED & CHECKED 33 UNDER SIDEWALK DRAINS
11/03/03 CITYWiDE CLEANED & CHECKED 37 CATCH BASINS
11/04/03 AREA #2 CLEANED & CHECKED 24 UNDER SIDEWALK DRAINS
I 1/04/03 AREAS #2 & #4 CLEANED & CHECKED 7 CATCH BASINS
11/05/03 AREA #1 CLEANED & CHECKED 39 UNDER SIDEWALK DRAINS
11/05/03 AREA #4 CLEANED & CHECKED 21 CATCH BASINS
11/06/03 AREA #2 CLEANED & CHECKED 5 UNDER SIDEWALK DRAINS
! 1/06/03 AREA #4 CLEANED & CHECKED 21 CATCH BASINS
11/10/03 AREA #4 CLEANED & CHECKED 45 CATCH BASINS
11/12/03 AREAS #1 & #2 CLEANED & CHECKED 6 CATCH BASINS
I 1/12/03 AREA #4 CLEANED & CHECKED 15 CATCH BASINS
11/13/03 AREAS #1 & #2 CLEANED & CHECKED 9 CATCH BASINS
11/17/03 AREA #4 CLEANED & CHECKED 37 CATCH BASINS
11/18/03 AREA #4 CLEANED & CHECKED 6 CATCH BASINS
11/18/03 AREA #2 CLEANED & CHECKED 7 UNDER SIDEWALK DRAINS
11/19/03 AREAS #2 & #3 CLEANED & CHECKED 44 UNDER SIDEWALK DRAINS
11/19/03 MALL CLEANED & CHECKED 12 CATCH BASINS
11/20/03 AREA #4 CLEANED & CHECKED 2 CATCH BASINS
11/25/03 AREA #4 CLEANED & CHECKED 12 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED 382
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF NOVEMBER, 2003
DATE LOCATION WORK COMPLETED
11/03/03 C1TYWIDE REMOVED 216 S.F. OFGRAFFITI
11/05/03 MARGARITA ROAD AT MORAGA REMOVED 66 S.F. OF GRAFFITI
11/07/03 BUTTERFIELD STAGE ROAD UNDER BRIDGE REMOVED 782 S.F. OF GRAFFITI
I 1/10/03 EMPIRE CREEK REMOVED 1,031 S.F. OF GRAFFITI
I 1/10/03 MARGARITA PARK REMOVED 117 S.F. OF GRAFFITI
l 1/10/03 SOMERSET APARTMENTS REMOVED 10 S.F. OF GRAFFITI
11/10/03 YNEZ AT YNEZ COURT REMOVED 274 S.F. OF GRAFFITI
11/10/03 SANTA GERTRUDIS CREEK REMOVED 5 l S.F. OF GRAFFITI
1 [/10/03 NICHOLAS AT WINCHESTER CREEK REMOVED 7 S.F. OF GRAFFITI
I 1/12/03 HARMONY AT VAIl. RANCH PARKWAY REMOVED 4 S.F. OF GRAFFITI
11/12/03 PUJOL STREET REMOVED 6 S.F. OF GRAFFITI
} l/l 2/03 TARGET CENTER / MARGARITA PARK REMOVED 185 S.F. OF GRAFFITI
I 1/25/03 TARGET CENTER / MARGARITA PARK REMOVED 40 S.F. OF GRAFFITI
TOTAL S.F. GRAFFITI REMOVED 2~789
TOTAL LOCATIONS 14
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF NOVEMBER, 2003
DATE DATE WORK
RECEIVED LOCATION REQUEST COMPLETED
10/30/03 40025 WALCOTT DRAINAGE DITCH l 1/03/03
10/31/03 30255 ROUGE CIRCLE TREE I I/03/03
l 1/03/03 RANCHO CALIFORNIA ROAD TRASH 11/04/03
11/03/03 30255 ROUGE CIRCLE TREE 11/04/03
11/03/03 40989 PROMENADE CHARDONNAY TREE 11/04/03
11/03/03 39120 PALA VISTA DRIVE DIRT ROADS 11/04/03
11/03/03 40421 WINDSOR ROAD TREE ROOTS 11/04/03
11/03/03 30985 SANTIAGO ROAD BOAT 11/03/03
I 1/05/03 CALLE PII~A COLADA SPEED BUMPS I 1/05/03
11/06/03 STATION 92 BARRICADES I 1/06/03
11/06/03 CORTE COEHLO & CALLE OLIVERA BLUE RPMs 11/06/03
11/06/03 45501 CLUBHOUSE REMOVAL OF STREET NUMBER 11/06/03
11/10/03 41844 4TM STREET SANDBAGS 11/10/03
11/10/03 WINCHESTER ROAD BUCKET OF OIL 11/10/03
1 l / 10/03 30147 VILLA ALTURAS DEAD TREE I I / 10/03
11/10/03 31095 CAMINO DEL ESTE BROKEN LIMB 11/10/03
11/11/03 32397 CORTE PALACIO TREE TRIMM1NG 11/~ 1/03
11/12/03 39120 PALA VISTA ROAD GRADING 11/12/03
11/12/03 27807 TiERRA VISTA DEBRIS REMOVAL I 1/12/03
11/13/03 AVENiDA DE MISS1ONES AT HWY. 79 SO. WEED ABATEMENT I 1/123/03
11/13/03 30540 AVENiDA BUENA SUERTE DEBRIS PICK-UP 11/13/03
11/13/03 39450 PALA VISTA DRIVE S.N.S. TURNED 11/13/03
11/i 4/03 31593 CALLE LOS PADARES WEED AB ATEMENT 11 / 14/03
I 1/I4/03 39340 LIEFER ROAD ROAD GRADING 11/14/03
11/14/03 44480 CAYENNE TRAIL WEED ABATEMENT 11/14/03
DATE DATE WORK
RECEIVED LOCATION REQUEST COMPLETED
11 / 17/03 30540 AVENIDA BUENA SUERTE DEBRIS PICK-UP 11 / 12/03
I 1/18/03 31145 ALEHZON CIRCLE STUMP REMOVAL I1/18/03
11/19/03 31130 NORTH GENERAL KEARNEY GRATE MISSING I 1/19/03
I 1 / 19/03 33107 CORTE GANZO P.C.C. REPAIR l 1/19/03
11/20/03 28145 JEFFERSON AVENUE TREE TRIMMING 11/20/03
11/20/03 40182 VALERIANA COURT TREE TRIMMING I 1/20/03
11/21/03 40230 HOLDEN CIRCLE CHANNEL CLEAN-UP 11/21/03
I 1/21//03 40628 CALLE FIESTA DEBRIS PICK-UP I I/21/03
11/24/03 29920 LA CORONA DEBRIS PICK-UP 11/24/{)3
11/25/03 W/B RANCHO CALIFORNIA ROAD DEBRIS PICK-UP 11/25/03
11/25/03 CRESTWOOD CIRCLE DEBRIS PICK-UP 11/25/03
TOTAL SERVICE ORDER REQUESTS 34
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF NOVMBER, 2003
DATE LOCATION WORK COMPLETED
11/03/03 NICHOLAS ROAD AT WINCHESTER REPLACE 2 DELINEATORS
11/03/03 SOLANA ROAD AT YNEZ ROAD REPLACE I R 7
11/04/03 AREA #3 REPLACE 51 SNS
11/05/03 AREA #3 REPLACE 46 SNS
11/05/03 JEFFERSON AT WINCHESTER REPAIR I R-7
I 1/10/03 NICHOLAS AT WINCHESTER REPLACED 2 DELINEATORS
I 1/10/03 PECHANGA PARKWAY AT MUIRFIELD REPLACED R-2 "50"
11/10/03 AREA #3 REPLACED 12 SNS
11/12/03 NAZO AT HALADO REPALCED Rd
I 1/12/03 NICHOLAS AT WINCHESTER REPLACED 6 DELINEATORS
11/14/03 CITYWIDE REPAIRED 7 SIGNS
11/19/03 PUJOL STREET S/O IsT STREET INSTALLED 2 W-19, W-34A
1 I/21/03 RANCNO CALIFORNIA ROAD AT MARGARITA REPLACED R-1
11/26/03 MARGARITA AT DE PORTOLA REPLACED R-7, "K" MARKER
l 1/26/03 MARGARITA AT WINCHESTER REPLACED R-7, "K" MARKER
11/26/03 NICHOLAS AT WINCHESTER REPLACED 2 DELINEATORS
TOTAL SIGNS REPLACED 129
TOTAL SIGNS INSTALLED 3
TOTAL SIGNS REPAIRED 8
R:/MAI NTAI~WKCMPLTD\S IG N$\03.04/NOVEMBER
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF NOVEMBER, 2003
DATE LOCATION WORK COMPLETED
11/03/03 AREA #4 REPAINT 24 LEGENDS
I 1/04/03 RiO NEDO AT CALLE EMPLEADO iNSTALL 70' RED CURB
11/04/03 RANCHO VISTA EAST OF MARGARITA REPAINT l I2 LEGENDS
11/04/03 RANCHO CALIFORNIA ROAD AT 1-15 REPAINT 10 LEGENDS
11/05/03 AREA #4 REPAINT 45 LEGENDS
l 1/05/03 AREA #4 REPAINT 73' YELLOW BULLNOSES
I 1/06/03 AREA #4 REPAINT l ! LEGENDS
11/20/03 CALLE PIOA COLADA REPAINT 7 LEGENDS
TOTAL NEW & REPAINTED LEGENDS 209
NEW & REPAINTED RED CURB & STRIPING L.F. 143
R:\MAINTAIN\WR KCONIpLTD\STRI pi NG/03 0A\NOV ENI BER