HomeMy WebLinkAbout092507 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting v.ill
enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104
ADA Title II]
AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
SEPTEMBER 25, 2007 - 7:00 PM
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.
6:15 P.M. - Closed Session of the City Council pursuant to Government Code
Section:
1. Conference with real property negotiator pursuant to Government Code
Section 54956.8 regarding the following real property:
(a) Real property owned by Aquiport Amsdell, which is commonly
known as 44618 Pechanga Parkway, Temecula, and identified as Riverside
County Assessor's Parcel Number 961-010-009. City of Temecula negotiators are
Paula Baeza of the City Attorney's Office; Amer Attar, Principal Engineer; and
Carol Chiodo, Property Agent, regarding instructions to negotiators concerning
price and terms. The City negotiator may negotiate with the property owner
Aquiport Amsdell.
(b) Real property owned by Arthur and Julia Gaitan, which is
unimproved land located on Pechanga Parkway, Temecula, and identified as
Riverside County Assessor's Parcel Number 961-010-022. City of Temecula
negotiators are Paula Baeza of the City Attorney's Office; Amer Attar, Principal
Engineer; and Carol Chiodo, Property Agent, regarding instructions to
negotiators concerning price and terms. City negotiator may negotiate with the
property owners Arthur and Julia Gaitan.
(c) Real property owned by Temecula Creek RV Storage, which is
commonly known as 44526 Pechanga Parkway, Temecula, and identified as
Riverside County Assessor's Parcel Number 961-010-024. City of Temecula
negotiators are Paula Baeza of the City Attorney's Office; Amer Attar, Principal
Engineer; and Carol Chiodo, Property Agent, regarding instructions to
negotiators concerning price and terms. City negotiator may negotiate with the
property owner Temecula Creek RV Storage.
(d) Real property owned by Stephen Sweatt and Andrea Lovvorn,
which is commonly known as 45009 Muirfield, Temecula, and identified as
Riverside County Assessor's Parcel Number 961-042-001. City of Temecula
negotiators are Paula Baeza of the City Attorney's Office; Amer Attar, Principal
Engineer; and Carol Chiodo, Property Agent, regarding instructions to
negotiators concerning price and terms. City negotiator may negotiate with the
property owners Stephen Sweatt and Andrea Lovvorn.
(e) Real property owned by Mike and Beverly Siow, which is commonly
known as 44975 Trotsdale Drive, Temecula, and identified as Riverside County
Assessor's Parcel Number 961-042-004. City of Temecula negotiators are Paula
Baeza of the City Attorney's Office; Amer Attar, Principal Engineer; and Carol
Chiodo, Property Agent, regarding instructions to negotiators concerning price
and terms. City negotiator may negotiate with the property owners Mike and
Beverly Siow.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: 07-12
Resolution: 07-73
CALL TO ORDER:
Mayor Chuck Washington
Prelude Music:
Shanti Ryle
Invocation:
Pastor John Ruhlman of Life Church
Flag Salute:
Council Member Comerchero
ROLL CALL:
Comerchero, Edwards, Naggar, Roberts, Washington
PRESENTA TIONS/PROCLAMA TIONS
Chaparral Hiqh School - Celebratinq a Decade of Excellence Proclamation
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
2
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 minute (5) time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of the text of all ordinances and resolutions infcluded in
the agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of September 11, 2007.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Purchase and Sale Ameement for Certain Prooertv Riqhts on Prooertv Located at 45024
Muirfield Drive
RECOMMENDATION:
3
4.1 Approve substantially in the form attached hereto the Purchase and Sale
Agreement between the City of Temecula and Christopher and Tammy Mitchell, for
the purchase of an approximate 5,280 square foot permanent easement and an
approximate 80 square foot area in fee for the widening of Pechanga Parkway at a
purchase price of $6,500.00 plus escrow fees;
4.2 Authorize the Finance Department to disburse the amount of $6,500 to cover the
cost of the easements plus the associated escrow fees not to exceed $1,000.00;
4.3 Authorize the Mayor to execute the Purchase and Sale Agreement, approve and
execute any necessary documents, and to take all necessary actions to complete
this acquisition, including without limitation, all escrow instructions.
5 French Vallev Interchanqe Proiect - Joint Resolution with the Citv of Murrieta
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A JOINT RESOLUTION OF THE CITY COUNCILS OF THE CITIES OF
TEMECULA AND MURRIETA RECOGNIZING THE REGIONAL SIGNIFICANCE
OF THE PLANNED FRENCH VALLEY PARKWAY IINTERSTATE-15 OVER-
CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT AND
COMMITTING TO WORK TOGETHER TO EXPEDITIOUSLY DELIVER THE
PROJECT
6 License Ameement for the TEAM Communitv Pantrv
RECOMMENDATION:
6.1 Approve a First Amendment to the License Agreement between the City of
Temecula and the Global Community Foundation to terminate the Agreement;
6.2 Approve the License Agreement between the City of Temecula and the TEAM
Community Pantry to maintain a modular office building and storage containers at
the Temecula Community Center in a monthly amount of $1,100 ($13,200)
annually) .
7 First Amendment to the Non-Exclusive Purchase Ameement for the Traffic Siqnallnstallation
at Rancho California Road and Business Park Drive. West - Proiect No. PW07-02
RECOMMENDATION:
7.1 Approve the First Amendment with McCain Traffic Supply, Inc. to provide a Traffic
Signal Controller, Cabinet and Battery Back-Up System for the Traffic Signal
Installation at Rancho California Road and Business Park Drive West - Project No.
PW07-02 - for an amount not to exceed $12,053.99 and authorize the Mayor to
execute the amendment.
4
8 Amendment NO.1 to Verizon Cable Franchise
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO
THE NONEXCLUSIVE CABLE FRANCHISE AGREEMENT BETWEEN THE CITY
AND VERIZON CALIFORNIA, INC.
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the 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.
CSD CONSENT CALENDAR
9 Minutes
RECOMMENDATION:
9.1 Approve the minutes of September 11, 2007.
10 Acceptance of Landscape Bonds and Aqreement for Parcel Map No. 23496 - Auto Mall
Landscaoed Medians
RECOMMENDATION:
5
10.1 Accept the surety bonds and agreement from Indemnity Company of California to
construct landscaped medians along Ynez Road between Rancho California and
Solana Roads.
11 Ameement Between the Citv of Temecula and MuniFinancial for Service Level C Election
Services
RECOMMENDATION:
11.1 Approve the Agreement between the Temecula Community Service District and
MuniFinancial for Service Level C Election Services in the amount of $35,510.00.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
TEMECULA REDEVELOPMENT AGENCY MEETING
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
RDA CONSENT CALENDAR
12 Minutes
RECOMMENDATION:
12.1 Approve the minutes of September 11, 2007.
RDA DEPARTMENTAL REPORT
6
13 Redevelooment Deoartmental Monthlv Reoort
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
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.
14 Prooosed Noise Ordinance addinq Chaoter 9.2 to Title 17 of the Temecula Municioal Code_
RECOMMENDATION:
14.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 9.20 TO THE TEMECULA MUNICIPAL CODE
ESTABLISHING CITYWIDE STANDARDS FOR REGULATING NOISE
15 Develooment Ameement. General Plan Amendment. Tentative Tract Mao. and Develooment
Plan with a Minor Exceotion for a 608.934 square foot industrial buildinq on 32 acres. and
for the future develooment of the remaininp 52 acres to include industrial. commercial.
retail. hiqh-densitv residential. and/or public institutional facilitv land uses. In addition. the
oroiect includes an Ooeratinq Covenant Ameement that outlines incentives relatinq to this
exoansion.
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE TEMECULA
PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON AN 84-
ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY
AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909-
370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT; PA07-0220, A
7
DEVELOPMENT AGREEMENT; PA06-0370, A TENTATIVE MAP; AND PA06-
0369, PA07-0090, A DEVELOPMENT PLAN WITH A MINOR EXCEPTION
15.2 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A GENERAL PLAN AMENDMENT TO TABLE LU-5 OF LAND USE
ELEMENT TO DESIGNATE AN 84-ACRE SITE LOCATED AT THE NORTHWEST
CORNER OF DENDY PARKWAY AND WINCHESTER ROAD AS A FUTURE
SPECIFIC PLAN AREA (APN 909-370-018 AND 909-370-032) PLANNING
APPLICATION NO. PA07-0048
15.3 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A TENTATIVE TRACT MAP (TTM 35181) TO SUBDIVIDE AN
APPROXIMATE 84-ACRE SITE INTO FIVE PARCELS, FOUR DEVELOPABLE
LOTS AND ONE SLOPE AND EASEMENT PARCEL, LOCATED AT THE
NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD
(APN 909-370-018 AND 909-370-032) PLANNING APPLICATION NO. PA06-0370
15.4 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A DEVELOPMENT PLAN TO CONSTRUCT A THREE-STORY,
608,934 SQUARE FOOT INDUSTRIAL DISTRIBUTION BUILDING ON AN
APPROXIMATE 32-ACRE SITE GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DENDY PARKWAY AND WINCHESTER ROAD, AND A MINOR
EXCEPTION TO ALLOW FOR A ONE PERCENT BUILDING HEIGHT INCREASE
FROM 50' TO 50'8" (APN 909-370-018 AND 909-370-032) PLANNING
APPLICATIONS NO. PA06-0369 AND PA07-0090
15.5 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A DEVELOPMENT AGREEMENT BETWEEN TEMECULA
PROPERTIES, LLC, PROFESSIONAL HOSPITAL SUPPLY, INC., AND THE CITY
OF TEMECULA FOR AN APPROXIMATE 84-ACRE SITE GENERALLY
LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND
8
WINCHESTER ROAD IN THE CITY OF TEMECULA (APN 909-370-018 AND 909-
370-032) PLANNING APPLICATION NO. PA07-0220
15.6 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN AGREEMENT ENTITLED OPERATING
COVENANT AGREEMENT (PROFESSIONAL HOSPITAL SUPPLY) BY AND
BETWEEN THE CITY OF TEMECULA AND PROFESSIONAL HOSPITAL
SUPPLY, INC.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/TEMECULA PUBLIC FINANCING
AUTHORITY BUSINESS
16 Issuance of Tax Allocation Bonds b\( the Redevelooment Aqencv of the Citv of Temecula for
the Temecula Redevelooment Proiect NO.1
RECOMMENDATION:
16.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA OF TAX ALLOCATION BONDS
16.2 That the Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING THE
ISSUANCE AND SALE OF TAX ALLOCATION BONDS IN CONNECTION WITH
TEMECULA REDEVELOPMENT PROJECT NO.1, AND APPROVING RELATED
DOCUMENTS AND ACTIONS
16.3 That the Temecula Public Finance Authority adopt a resolution entitled:
RESOLUTION NO. TPFA 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC
FINANCING AUTHORITY AUTHORIZING THE PURCHASE AND SALE OF TAX
ALLOCATION BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, AND APPROVING OTHER MATTERS RELATED THERETO
DEPARTMENTAL REPORTS
g
17 Economic Develooment Deoartment Monthlv Reoort
18 Citv Council Travel/Conference Reoort - Auqust 2007
19 Buildinq and Safetv Deoartment Monthlv Reoort
20 Planninq Deoartment Monthlv Reoort
21 Public Works Deoartment Monthlv Reoort
22 Police Deoartment Monthlv Reoort
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, October 9, 2007, at 5:30 P.M., for a
Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
10
PROCLAMA TIONS
AND
PRESENTATIONS
The City of Temecula
PROCLAMATION
WHEREAS, Chaparral High School is the Home of Scholars & Champions; and
WHEREAS, we honor the occasion of Chaparral High School's 10th anniversary; and
WHEREAS, Chaparral High School was charted by the Temecula Unified School District in August 1997; and
WHEREAS, Chaparral High School strives to provide a safe, supportive environment; innovative, exceptional
programs; and rigorous, relevant educational standards; and
WHEREAS, Chaparral High School strives to provide literacy for all students; to offer competent and caring
staff; and to instill effective communication, collaboration, and decision-making skills; and
WHEREAS, Chaparral High School is committed to modeling and fostering socially responsible behavior and
helping all students reach their potential; and
WHEREAS, the mission of Chaparral High School is to empower students to become lifelong learners, who are
literate, ethical, and responsible citizens, and who embrace challenges as opportunities in the 21 st Century.
NOW, THEREFORE, I, Chuck Washington, on behalf of the City Council of the City of Temecula, hereby
proclaim the first week of October, 2007, to be
"Chaparral High School"
"Celebrating a Decade of Excellence Week"
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Seal of the City of T emecula to be affixed
this twenty-fifth day of September, 2007.
Chuck Washington, Mayor
Susan W. Jones, MMC, City Clerk
CONSENT CALENDAR
I~-- .
,
II
ITEM NO.1
II
,
II
-
.
.
.
I
I
II
II
__. . I
I~-- .
,
II
ITEM NO.2
II
,
II
-
.
.
.
I
I
II
II
__. . I
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
SEPTEMBER 11, 2007
The City Council at commenced at 7:00 p.m., on Tuesday, September 11, 2007, at the
Temecula Duck Pond, 28250 Rancho California Road, Temecula, California.
Present:
Council Members:
Comerchero, Edwards, Naggar, Roberts, and
Mayor Washington
Absent:
Council Members:
None.
PRELUDE MUSIC
The prelude music was provided by Great Oak High School Band.
INVOCATION
The invocation was provided by Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Comerchero.
PRESENTA TIONSIPROCLAMA TIONS
Certificate of Achievement oresented to Garrick Alan Davies for attaininc the rank of Eacle
Scout
Congratulating Garrick Alan Davies for achieving the rank of Eagle Scout, Council Member
Edwards presented him with an award and wished him success in his future accomplishments.
Garrick Alan Davies thanked the City Council for its recognition.
Master Chief Rich Strehl Da\l
On behalf of the City Council, Mayor Washington presented Master Chief Strehl with a
proclamation, proclaiming August 24, 2007, to be Master Chief Rich Strehl Day.
Accepting the proclamation, Mr. Strehl thanked the City Council for its recognition.
On behalf of the First Reconnaissance Battalion, Sergeant Daniel Bishop, Corporal Jordan
Sayers, and Corporal Edward Wilson presented the City with a flag that was flown over Camp
Fallugia, Iraq.
Mayor Washington, on behalf of the Council, thanked the First Reconnaissance for the honor.
PUBLIC COMMENT
No comments.
RIMinuteslOg1107
CITY COUNCIL REPORTS
No reports at this time.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adootion 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 August 21, 2007;
2.2 Approve the minutes of August 28, 2007.
3 Resolution aoorovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 07-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Reoort as of Julv 31. 2007
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of July 31, 2007.
5 Financial Statements for the Fiscal Year Ended June 30. 2007
RECOMMENDATION:
5.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007;
5.2 Decrease Transfers Out in the Development Impact Fund and Transfers in the
Capital Improvement Fund in the amount of $509,976.
RIMinuteslOg1107
2
6 Third Amendment to a Professional Services Allreement for the Main Street Bridae Over
Murrieta Creek (Reolacement) Proiect No. PW03-05
RECOMMENDATION:
6.1 Approve the Third Amendment to the agreement with Simon Wong Engineering in
an amount not to exceed $322,305.00 for additional services necessary to complete
the Plans, Specifications and Estimate (PS&E) and the Environmental Document for
the Main Street Bridge Over Murrieta Creek (Replacement) - Project No. PW03-05;
and authorize the Mayor to execute the amendment;
6.2 Authorized the City Manager to approve Extra Work Authorizations not to exceed
the contingency amount of 10% of the amendment ($32,230.50).
7 Amendment NO.1 to Aareement for Consultant Services Aareement between the Citv of
Temecula and David Turch & Associates for Federal Lobbvist Service
RECOMMENDATION:
7.1 Approve an amendment for Federal legislative services to be provided by David
Turch & Associates in the amount of $40,200 for the FY 07/08 operating budget.
8 First Amendment to Aareement for Consultant Services between the Citv of Temecula and
Albert A. Webb and Associates for the Santa Maraarita Ecoloaical Reserve Area
Annexation Environmentallmoact Reoort
RECOMMENDATION:
8.1 Approve the first amendment to the agreement between the City of Temecula and
Albert A. Webb and Associates for the Santa Margarita Ecological Reserve Area
Environmental Impact Report for an additional $30,000.
9 Amendment NO.1 to Food and Beveraae Sales Aareement with A&B Desert Services DBA
"Grounds for Hire"
RECOMMENDATION:
9.1 Approve Amendment NO.1 to the Food and Beverage Sales Agreement with A&B
Desert Services DBA "Grounds for Hire", removing the operations of the coffee cart
at the Old Town Temecula Community Theater from the agreement.
MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council
Member Edwards seconded the motion and voice vote reflected unanimous aooroval.
CITY MANAGER REPORT
No report at this time.
CITY ATTORNEY REPORT
With respect to Closed Session, City Attorney Thorson advised that there was no Closed
Session and, therefore, no formal action to report.
RIMinuteslOg1107
3
ADJOURNMENT
At 7:30 p.m. the City Council meeting was formally adjourned to Tuesday, September 25, 2007,
at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council
Chambers, 43200 Business Park Drive, Temecula , California.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
RIMinuteslOg1107
4
I~-- .
,
II
ITEM NO.3
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
11/2
00...-
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
September 25, 2007
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Accounting Manager
Leah Thomas, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and
approval by the City Council on a routine basis at each City Council meeting. The attached claims
represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies and
procedures.
ATTACHMENTS:
Resolution
List of Demands
RESOLUTION NO. 07-
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 HEREBY RESOLVE
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, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $3,554,939.57.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
09/06/2007 TOTAL CHECK RUN: $ 1,911,465.72
09/13/2007 TOTAL CHECK RUN: 1,154,648.03
09/06/2007 TOTAL PAYROLL RUN: 488,825.82
TOTAL LIST OF DEMANDS FOR 09/25/2007 COUNCIL MEETING: $ 3,554,939.57
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 775,555.95
165 RDADEV-LOW/MOD SET ASIDE 55,322.20
190 COMMUNITY SERVICES DISTRICT 248,608.77
192 TCSD SERVICE LEVEL B 63,184.05
193 TCSD SERVICE LEVEL C 4,885.55
194 TCSD SERVICE LEVEL D 5,965.04
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 6,823.75
197 TEMECULA LIBRARY F1JND 13,333.68
210 CAPITAL IMPROV PROJ FUND 1,293,637.58
280 REDEVELOPMENT AGENCY - CIP PROJECT 19,533.76
300 INSURANCE FUND 3,473.28
320 INFORMATION SYSTEMS 82,322.25
330 SUPPORT SERVICES 4,118.24
340 FACILITIES 36,789.57
380 RDA - DEBT SERVICE 6,350.00
390 TCSD 2001 COP'S DEBT SERVICE 374,463.43
477 CFD- RORIPAUGH 71,746.65
$ 3,066,113.75
001 GENERAL FUND $ 321,247.29
165 RDA LOW/MOD - 20% SET ASIDE 5,565.25
190 TEMECULA COMMUNITY SERVICES DISTRICT 111,422.79
192 TCSD SERVICE LEVEL B 118.10
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,714.52
194 TCSD SERVICE LEVEL D 866.20
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 555.27
197 TEMECULA LIBRARY FUND 380.57
280 REDEVELOPMENT AGENCY - CIP PROJECT 3,515.26
300 INSURANCE FUND 1,279.65
320 INFORMATION SYSTEMS 27,410.19
330 SUPPORT SERVICES 3,429.31
340 FACILITIES 7,321.42
488,825.82
TOTAL BY FUND: $ 3,554,939.57
apChkLst Final Check List Page: 1
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
923 08130/2007 005460 U S BANK Debt Service Payment 71,746.65 71,746.65
924 09/06/2007 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 76,696.03
Blue Shield HMO Payment 0.00 76,696.03
925 09/06/2007 000444 INSTATAX (EDD) State Disability Ins Payment 22,238.70 22,238.70
926 09/06/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 89,381.13 89,381.13
927 09/06/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 24,343.27 24,343.27
SOLUTION
928 09/06/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 123,823.24 123,823.24
RETIREMENT)
929 09/06/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 4,404.62 4,404.62
NATIONWIDE RETIREMENT
930 09/06/2007 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 9,809.80 9,809.80
118324 09/06/2007 009622 A & B DESERT SERVICES coffee cart concession equip 3,568.79 3,568.79
118325 09/06/2007 003552 AFLAC AFLAC Cancer Payment 2,981.16 2,981.16
118326 09/06/2007 001700 A PLUS TEACHING MATERIALS misc supplies:tiny tot pgrm 44.58 44.58
118327 09/06/2007 001916 ALBERT A WEBB ASSOCIATES Jul cnslt svcs:Santa Mgita Eco 20,230.00
Jul cnslt svcs:Santa Mgita Eco 14.48 20,244.48
118328 09/06/2007 009374 ALLEGRO MUSICAL VENTURES Theater piano tuning/maint svcs 135.00 135.00
118329 09/06/2007 003821 ALLSTAR FIRE EQUIPMENT equip repair/maint: stn 84 645.34 645.34
118330 09/06/2007 009767 AL TA LOMA CHARTER INC arts pgm transportation:Getty Ctr 984.50 984.50
118331 09/06/2007 011004 AMERICAN ASPHALT SOUTH INC Aug slurry seal svc:Meadowview 33,697.13 33,697.13
118332 09/06/2007 000747 AMERICAN PLANNING mb: Brown, Steve 10/07-9/08 465.00 465.00
ASSOCIATION
Page:1
apChkLst Final Check List Page: 2
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118333 09/06/2007 000101 APPLE ON E INC temp help ppe 8/11 Tocol, Y 425.88
temp help ppe 8/18 Welton, P 114.66
temp help ppe 8/11 Jama, F 65.52 606.06
118334 09/06/2007 001323 ARROWHEAD WATER INC Bottled wtr svcs: City Hall 523.12
Bottled wtr svcs: Maint Facility 488.80
Bottled wtr svcs: CRC 137.16
Bottled wtr svcs: Library 72.49
Bottled wtr svcs: Ch Museum 45.11
Bottled wtr svcs: Theater 42.92
Bottled wtr svcs: City Hall 42.01
Bottled wtr svcs: Museum 30.29
Bottled wtr svcs: TCC 19.30
Bottled wtr svcs: Skate Park 8.61 1,409.81
118335 09/06/2007 002648 AUTO CLUB OF SOUTHERN Membership: Nelson, Shawn 76.00
CALIF
new mb: Gonzales, Gustava 67.00
Membership: Shabec, Rudy 47.00
Membership: Nordgren, Karl 47.00
Membership: Monticino, Dale 47.00
Membership: De la Rosa, George 47.00
Membership: Shea, Richard 47.00
Membership: Serven, Richard 47.00
Membership: Maisey, John 47.00
Membership: Munoz, Mario 47.00 519.00
118336 09/06/2007 004205 BALLET FOLKLORICO TCSD Instructor Earnings 315.00 315.00
118337 09/06/2007 002381 BEAUDOIN, LINDA Retirement Medical Payment 719.20 719.20
118338 09/06/2007 010528 BEDOY ENTERPRISES vehicle repair/maint: stn 12 366.35 366.35
118339 09/06/2007 004040 BIG FOOT GRAPHICS TCSD instructor earnings 735.00 735.00
118340 09/06/2007 004262 BIO-TOX LABORATORIES DUI & Drug analysis: Police 2,236.00
DUI & Drug analysis: Police 663.00
credit:case# 78281 cv billed incorrectly -35.00 2,864.00
118341 09/06/2007 003222 BROCKMEIER, CAROL Retirement Medical Payment 719.20 719.20
118342 09/06/2007 011349 BUTTERFIELD ENTERPRISES refund: temp use permit 150.00 150.00
118343 09/06/2007 000154 CSMFO Operating budget application fee 100.00 100.00
Page2
apChklst Final Check List Page: 3
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118344 09/06/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00
118345 09/06/2007 004228 CAMERON WELDING SUPPLY misc supplies: pw maint div 59.03 59.03
118346 09/06/2007 010434 CATERERS CAFE refreshments:City Attorney lunch 117.60 117.60
118347 09/06/2007 003775 CHAPARRAL HIGH SCHOOL community service grant funding 1,000.00 1,000.00
118348 09/06/2007 005585 CHING, MARIA Reimb:Accela Conf:8/6-8:GrdnGrove 203.85 203.85
118349 09/06/2007 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 109.76
First aid supplies: PW Maint 102.91 212.67
118350 09/06/2007 005708 CLEAR CHANNEL broadcasting: St Painting Festival 760.00 760.00
BROADCASTING INC
118351 09/06/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05
118352 09/06/2007 004414 COMMUNITY WORKS DESIGN May-Jul inspection svcs: Planning 12,800.00 12,800.00
GROUP
118353 09/06/2007 001264 COSTCO WHOLESALE Merc artist receptions supplies 164.67 164.67
118354 09/06/2007 008810 CROSSTOWN ELECTRICAL & equip repair/mainttraffic cameras 121.27 121.27
DATA
118355 09/06/2007 010649 DCH TEMECULA MOTORS LLC vehicle maintlrepair: code enf 1,174.27 1,174.27
118356 09/06/2007 011345 DORLAND MOUNTAIN ARTS Benefit Concert 8/25-26/07 theater 15,411.92 15,411.92
COLONY
118357 09/06/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW lnd Dv 589.76 589.76
INC
118358 09/06/2007 011202 EM H SPORTS & FITNESS TCSD instructor earnings 210.00
TCSD instructor earnings 168.00
TCSD instructor earnings 35.00 413.00
118359 09/06/2007 005692 ELMO, ANTHONY Retirement Medical Payment 719.20 719.20
118360 09/06/2007 005115 ENTERPRISE RENT A CAR INC vehicle rental: Planning 107.74
vehicle rental: Planning 107.74 215.48
Page:3
apChkLst Final Check List Page: 4
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118361 09/06/2007 011203 ENVIRONMENTAL CLEANING Aug janitorial svcs: parks/old town 5,102.00 5,102.00
118362 09/06/2007 001056 EXCEL LANDSCAPE mainline repairs: vail ranch pkwy 503.29
irrigation repairs: medians 437.37
irrigation repairs: sports park 397.46
irrigation repairs: parks 345.46
irrigation repairs: sports park 257.96
Ridgeview mainline repairs 244.28 2,185.82
118363 09/06/2007 000165 FEDERAL EXPRESS INC 08f7-20/07 express mail services 329.47 329.47
118364 09/06/2007 010804 FEHR & PEERS ASSOCIATES Jun Old Town parking study:ROA 95.00 95.00
118365 09/06/2007 003347 FIRST BANKCARD CENTER
PAT & OSCARS RESTAURANT OU refreshments:Old Tvvn Mtg 40.07
OU bank charges 38.24 78.31
118366 09/06/2007 008083 FLORES, GWYN Reimb:'07SIRE Roundtable:8/21-24 85.90 85.90
118367 09/06/2007 010493 FOREST CITY COMMERCIAL Sept lease:Police Mall Storefront 1,458.33 1,458.33
MGMT
118368 09/06/2007 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 815.80 815.80
118369 09/06/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
118370 09/06/2007 009097 FULL COMPASS SYSTEMS Misc stage supplies Theater 77.50 77. 50
118371 09/06/2007 007866 G C S SUPPLIES INC Computer printers toner/cartridge 1,244.78
Computer printers toner/cartridge 759.49
Computer printers toner/cartridge 635.10 2,639.37
118372 09/06/2007 010028 G M BUSINESS INTERIORS reconfigure cubicles: CM office 1,750.00 1,750.00
118373 09/06/2007 003815 GFB FRIEDRICH & ASSOCIATES May-Jun p'v1l1nt rehab:OePortola 10,719.92 10,719.92
INC
118374 09/06/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire 2,577.40
INC
Office Supplies: Planning 661.90 3,239.30
118375 09/06/2007 005947 GOLDEN STATE OVERNIGHT 8/1-15 express mail svc:Fire Prey 77.21 77.21
Page:4
apChkLst Final Check List Page: 5
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118376 09/06/2007 008245 GROVE, JEFF Reimb:Accela Conf:8/6-8:GrdnGrove 125.91 125.91
118377 09/06/2007 004133 H 0 L SOFTWARE LLC Add'l Sentinel User Licenses 40.00 40.00
118378 09/06/2007 004479 HAMPTON INN & SUITES Htl:CACEO cf 9/19-22 #84090391 MP/JV 305.80 305.80
118379 09/06/2007 006250 HAZ MAT TRANS INC Old Twn asbestos tstg:pw06-07(1A) 1,400.00 1,400.00
118380 09/06/2007 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 230.00 230.00
GROUP INC
118381 09/06/2007 011350 HECKER, JULIE refund: "Take the Fight out of Food" 14.00 14.00
118382 09/06/2007 004811 HEWLETT PACKARD HP Proliant DL320 Server 13,362.32
Video Server: Inf Sys 4,809.96 18,172.28
118383 09/06/2007 005748 HODSON, CHERYL A. Support Payment 6.64 6.64
118384 09/06/2007 000963 HOGAN, DAVID Retirement Medical Payment 719.20 719.20
118385 09/06/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 15,102.59 15,102.59
303355
118386 09/06/2007 005683 IS G THERMAL SYSTEMS USA equip repair/maint: stn 73 265.00 265.00
INC
118387 09/06/2007 011228 INLAND PLANNING AND DESIGN Jul consult svcs:Old Town Urban Design 16,371.45 16,371.45
INC
118388 09/06/2007 006914 INNOVATIVE DOCUMENT Aug copier maintlusage:library 491.97 491.97
SOLUTIONS
118389 09/06/2007 006713 INTEGRATED MEDIA SYSTEMS DA 1 's equip:Library Conf Rooms 2,218.23
Mayors touch panel on-site svc 525.00 2,743.23
118390 09/06/2007 001407 INTER VALLEY POOL SUPPLY Pool Sanitizing Chemicals:Aquatics 550.97
INC
Pool Sanitizing Chemicals:Aquatics 245.25
Pool Sanitizing Chemicals:Aquatics 235.14
Pool Sanitizing Chemicals:Aquatics 185.33 1,216.69
118391 09/06/2007 003571 INTL ASSN OF PLUMBING AND mb: Harold, Mark 9/07-8/08 250.00 250.00
PageS
apChkLst Final Check List Page: 6
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118392 09/06/2007 003296 INTL CODE COUNCIL 06 Inti code cycle adpt:Fire Prey 7,557.93
3rd edition publications: B&S 283.96
Code Enforcement Textbook 141.76 7,983.65
118393 09/06/2007 010119 IRS-OIC Sup Pmt Offer # 1000497587 452379267 140.11 140.11
118394 09/06/2007 001186 IRWIN, JOHN TCSD instructor earnings 856.80
TCSD instructor earnings 718.20 1,575.00
118395 09/06/2007 004908 JIFFY LUBE 1878 vehicle repair/maint: B&S 36.50 36.50
118396 09/06/2007 004481 KIMLEY HORN & ASSOCIATES Jul eng svc:Santiago Det Basin 11,478.20 11,478.20
INC
118397 09/06/2007 000488 KNOTTS BERRY FARM excursion 7/26: tcsd day camp 1,944.40
excursion 8/8: SMART Pgrm 657.95
excursion 7/31: tcsd day camp 251.30 2,853.65
118398 09/06/2007 011353 KNOWLEDGE LEARNING TCSD Instructor Earnings 4,165.00
CORPORATION
TCSD Instructor Earnings 3,062.50
TCSD Instructor Earnings 1,960.00 9,187.50
118399 09/06/2007 000209 L & M FERTILIZER INC equip repair/maint: pw maint div 618.57 618.57
118400 09/06/2007 001085 L N CURTIS & SONS Equipment: Stn 73 825.37 825.37
118401 09/06/2007 000482 LEIGHTON CONSULTING INC Jul geotech svcs:educ project 610.00 610.00
118402 09/06/2007 010656 LEUSCHEN, AI DEE TCSD Instructor Earnings 472.50
TCSD Instructor Earnings 105.00 577.50
118403 09/06/2007 006284 LEWIS & LEWIS ENTERPRISES equip repair/mainttraffic camera 280.00 280.00
118404 09/06/2007 004905 LIEBERT, CASSIDY & WHITMORE Jul HR legal svcs for TE06G-01 277.00 277.00
118405 09/06/2007 003726 LIFE ASSIST INC Medical Supplies: Paramedics 95.24 95.24
118406 09/06/2007 004087 LOWES INC Hardware supplies: Stn 92 166.79
Misc supplies:theater 82.74 249.53
118407 09/06/2007 003782 MAIN STREET SIGNS street signs:PW Maint Div 1,363.04 1,363.04
118408 09/06/2007 004141 MAINTEX INC Custodial Supplies: Parks 572.48 572.48
Page:6
apChkLst Final Check List Page: 7
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118409 09/06/2007 004068 MANALlLI, AILEEN TCSD Instructor Earnings 168.00
TCSD Instructor Earnings 154.00
TCSD Instructor Earnings 150.50
TCSD Instructor Earnings 124.25
TCSD Instructor Earnings 112.00
TCSD Instructor Earnings 94.50 803.25
118410 09/06/2007 001967 MANPOWER TEMPORARY temp help ppe 08/12 JAlAC/MS 2,401.88
SERVICES
temp help wle 08119 JNAC/MS 1,743.32
temp help wle 06/24 M. Sample 238.40 4,383.60
118411 09/06/2007 000944 MCCAIN TRAFFIC SUPPLY INC traffic signal control cabinets:PW 5,105.29 5,105.29
118412 09/06/2007 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 7,978.50 7,978.50
118413 09/06/2007 001384 MINUTEMAN PRESS business cards:B.Obmann/D.Sarmiento 86.74 86.74
118414 09/06/2007 004534 MOBILE SATELLITE VENTURES Aug EOC Stn Satellite Phone SVcs 72.85 72.85
LP
118415 09/06/2007 010797 MUSSER, DAVID TCSD Instructor Earnings 105.00
TCSD Instructor Earnings 84.00 189.00
118416 09/06/2007 001986 MUZAK -SOUTHERN CALIFORNIA Sep music broadcast:Old Town 69.11 69.11
118417 09/06/2007 000233 NELSON, SHAWN reimb:Aug '07 internet services 44.95 44.95
118418 09/06/2007 010244 NO LIMITS SILK SCREEN 1 st Place wtrlSprg Season SWeatshirts 3,962.26
embroidery srvcs:TCSD Sport prgm 248.94 4,211.20
118419 09/06/2007 010167 ODYSSEY POWER CRAC Unit trnsfrlWtr Detection Monitor 1,183.68 1,183.68
CORPORATION
118420 09/06/2007 005656 PAPA Pesticide Appl Sem: R.Shea 9/26/07 65.00 65.00
118421 09/06/2007 006939 PAINT CONNECTION, THE Fagade Prgm: Palomar Inn 3,915.00 3,915.00
118422 09/06/2007 010547 PARKS, RON Retirement Medical Payment 667.98 667.98
118423 09/06/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 300.92 300.92
PROGRAM
Page:?
apChkLst Final Check List Page: 8
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118424 09/06/2007 000249 PETTY CASH Petty Cash Reimbursement 291.29 291.29
118425 09/06/2007 010510 PFF BANK & TRUST retention/escrow #34-01 022:W.C.Fire Stn 6,990.95
retention/escrow #34-01 022:W.C. Fire stn 2,887.99 9,878.94
118426 09/06/2007 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 512.15 512.15
118427 09/06/2007 004029 R J M DESIGN GROUP INC Sep '06ldscp srvcs:PBSP 10,899.50
Mar '07ldscp srvcs:PBSP 10,705.00
Oct '06 Idscp srvcs:PBSP 6,816.15
Nov '06ldscp srvcs:PBSP 6,240.51
Dec '06 Idscp srvcs:PBSP 2,661.32
Dec '05 Idscp srvcs:PBSP 1,382.00
Jan '07ldscp srvcs:PBSP 655.00 39,359.48
118428 09/06/2007 009066 RADAR SHOP INC, THE Radar Gun Maint & Repair:Police 453.50 453.50
118429 09/06/2007 007403 RAGAN COMMUNICATIONS, INC. "Leading for Results" subscr:Pln 109.00 109.00
118430 09/06/2007 000271 RBF CONSULTING Jul srvcs:Old Town Infrastructure P~ts 14,291.71 14,291.71
118431 09/06/2007 002110 RENTAL SERVICE Equipment rental: Fire Stn 92 344.26
CORPORATION
equip rental:PW Maint 10.22 354.48
118432 09/06/2007 011352 RICHARD NIXON LIBRARY & senior excursion 9/11/07 97.30 97.30
118433 09/06/2007 000352 RIVERSIDE CO ASSESSOR 45 assessor maps:Planning 39.00 39.00
118434 09/06/2007 000418 RIVERSIDE CO CLERK & Jul recording fees:RDA 11.00 11.00
RECORDER
118435 09/06/2007 000418 RIVERSIDE CO CLERK & Res Imprv Prgm: Idle, L. 11.00 11.00
RECORDER
118436 09/06/2007 000406 RIVERSIDE CO SHERIFFS DEPT Jazz Festival:law enforcement 7/14 870.10 870.10
118437 09/06/2007 004907 RIVERSIDE CO
TRANSPORTATION
Apr-Jun WC Frwy Strategic Study
1,013.26
1,013.26
118438 09/06/2007 010203 ROBERT CLAPPER CONST
SRVCSINC
Jun prgs pmt #1 O:Wolf Creek Fire stn
62,918.60
Jul prgs pmt #11 :Wolf Creek Fire Stn
25,991.90
88,910.50
Page:8
apChkLst Final Check List Page: 9
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118439 09/06/2007 001942 S C SIGNS Jul public ntc sign posting: Planning 1,020.00 1,020.00
118440 09/06/2007 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,131.31 1,131.31
118441 09/06/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50
118442 09/06/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Sup Pmt LO #2007052618 & 2007053052 439.70 439.70
118443 09/06/2007 001544 SKANSKA USA CIVIL WEST Jul prgs pmt #9:Educ.Center grading 48,292.98 48,292.98
118444 09/06/2007 000645 SMART & FINAL INC recreation supplies: fam 223.34 223.34
118445 09/06/2007 000537 SO CALIF EDISON 2005-07 2-27-560-0625 DeerHollow 24,619.11
Aug 2-28-629-0507 Library 11,706.57
Aug 2-02-502-8077 Maint Fac 2,888.59
Aug 2-29-458-7548 Wolf Crk PED 62.23 39,276.50
118446 09/06/2007 001212 SO CALIF GAS COMPANY Aug 091-085-1632-0 T.E.S. Pool 226.54 226.54
118447 09/06/2007 011172 SPARTAN CHASSIS INC 4 seat risers:Fire Engine 95 159.41 159.41
118448 09/06/2007 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 10,894.30 10,894.30
118449 09/06/2007 004221 SUSAN G KOMEN INLAND FY 07108 Sponsorship 25,000.00 25,000.00
VALLEY
118450 09/06/2007 000305 TARGET BANK BUS CARD SRVCS hospitality supplies:theater 18.31
hospitality supplies:theater 17.78 36.09
118451 09/06/2007 001547 TEAMSTERS LOCAL 911 Union Dues Payment 5,276.00 5,276.00
118452 09/06/2007 000515 TEMECULA VALLEY CHAMBER FY 07-08 1st Qtr agreement pmt 37,850.00 37,850.00
OF
118453 09/06/2007 004874 TEMECULA VALLEY NATIONAL refund:sec.depositlsnack bar nls 200.00 200.00
118454 09/06/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 136.50
TAEKWONDO
TCSD Instructor Earnings 109.20 245.70
118455 09/06/2007 000316 THORNHILL, GARY Retirement Medical Payment 568.60 568.60
Page:9
apChklst Final Check List Page: 10
09/0612007 2:40:41 PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118456 09/06/2007 008894 TIDWEll, RODNEY reimb:uniform shirts 291.18 291.18
118457 09/06/2007 007433 TOVEY SHULTZ CONSTRUCTION Jul prgs pmt #12:Field Oper Ctr 892,729.33 892,729.33
INC
118458 09/06/2007 009957 TRIARCO ARTS & CRAFTS llC Misc supplies:SMART pgrm 232.22 232.22
118459 09/06/2007 005460 U S BANK 2002 RDA trustee admin fees 6,350.00 6,350.00
118460 09/06/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00
118461 09/06/2007 004261 VERIZON Aug xxx-9897 general usage 89.50 89.50
118462 09/06/2007 010245 VilLA, DOLORES Retirement Medical Payment 557.10 557.10
118463 09/06/2007 009921 WASHINGTON, CHUCK Reimb:lCC Mayor's/Council Cf:7125-28 150.27 150.27
118464 09/06/2007 000339 WEST PUBLISHING CORP 7/21-8/20/07 law library judicial 262.92 262.92
118465 09/06/2007 007223 WESTON, RETA EE Computer Purchase Prgm 1,125.55 1,125.55
118466 09/06/2007 002109 WHITE CAP INDUSTRIES INC misc. maint supplies:pw maint div 257.06 257.06
118467 09/06/2007 004880 WORLEY, Jill ANN entertainment:Hot Smr Nights 8/11/07 500.00 500.00
Grand total for UNION BANK OF CALIFORNIA: 1,911,465.72
Page:10
apChkLst Final Check List Page: 1
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
931 09/12/2007 005460 U S BANK 2001 COP Debt Service Pmt 374,463.43 374,463.43
118468 09/06/2007 000175 GOVERNMENT FINANCE appl fee:Budget Presentation Award 500.00 500.00
OFFICERS
118469 09/13/2007 004973 ABACHERLI, L1NDI TCSD instructor earnings 920.00 920.00
118470 09/13/2007 004765 ACTIVE NETWORK INC, THE Safari cash mgmt registration:IS 17,500.00
Safari on-site consultant: Info Sys 4,180.00
Safari maint fee 4/07-8/07: IS 1,823.06
Safari remote AGS integration: IS 1,764.17
Safari consultant airfare: Info Sys 320.02
USB MagStrip Reader: Info Sys 129.30 25,716.55
118471 09/13/2007 008552 ADKINS DESIGN CONSULTING graphic design svcs: Theater 2,663.91 2,663.91
118472 09/13/2007 011363 ALATRISTE, GEUDIEL OR Refund:Prkg Cite 48915 dismissal level 2 487.50 487.50
GLENDA
118473 09/13/2007 003859 ALL ABOUT SELF STORAGE Sept rent units G702 & C332 284.00 284.00
118474 09/13/2007 009767 AL TA LOMA CHARTER INC Knotts transportation: day camp 2,902.32
zoo transportation: day camp 2,670.81
castle park transportation: day camp 2,555.04
waterpark transportation: day camp 1,665.16
Mulligan's transportation: day camp 735.92
cafe transportation: smart pgm 716.63
movie transportation: day camp 449.02 11,694.90
118475 09/13/2007 004240 AMERICAN FORENSIC NURSES Oct Stand By Fee: Police 1,000.00
DUI & drug analysis: Police 359.00
DUI & drug analysis: Police 259.00 1,618.00
118476 09/13/2007 008279 AMERICOMP IN FOSYSTEMS INC computer supplies/equip: library 332.95
computer supplies/equip: library 37.71 370.66
118477 09/13/2007 004623 AQUA TECH ENTERPRISES maint supplies: tes pool 841.15 841.15
118478 09/13/2007 003203 ARTISTIC EMBROIDERY recognition shirts: Finance 204.46 204.46
118479 09/13/2007 002648 AUTO CLUB OF SOUTHERN Membership: Diaz, Jose 67.00
CALIF
Membership: Romine, Larry 47.00 114.00
Page:1
apChkLst Final Check List Page: 2
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118480 09/13/2007 011357 BAKER FAMILY TRUST Refund:Prkg Cite 50469 dismissal level 2 325.00 325.00
118481 09/13/2007 003814 BALLREICH, MICHAELA employee computer purchase prgm 1,477.24 1,477.24
118482 09/13/2007 002541 BECKER CONSTRUCTION SRVS channel repairs: PW Maint 9,880.00
INC
AC saw cutting citywide:PW Maint 7,650.00 17,530.00
118483 09/13/2007 008286 BRASGA, CAZI employee computer purchase prgm 2,000.00 2,000.00
118484 09/13/2007 000128 BROWN & BROWN OF CALIF INC Ins policy 35391950 2107-2/08 2,771.00 2,771.00
118485 09/13/2007 011373 BURNS, SCOTT Reimb:CrshZne-CrmeZne Cf:8/24:RVSD 245.00 245.00
118486 09/13/2007 011364 CADOGAN, COLLEEN Refund: Zane - Tiny Tots 59.00 59.00
118487 09/13/2007 003138 CAL MAT PW patch truck materials 627.28
PW patch truck materials 129.09 756.37
118488 09/13/2007 005384 CALIF BAGEL BAKERY & DELI refreshments:civic ctr mtg 8/14 200.87 200.87
118489 09/13/2007 000486 CALIF MUNI REVENUE & TAX CMRTA conf 10/17-19 DB Riverside 225.00 225.00
ASSOC
118490 09/13/2007 000502 CALIF MUNI STATISTICS CAFR debt statement: Finance 425.00 425.00
118491 09/13/2007 002520 CALIF T'S SCREEN PRINTING uniform shirts: PW Maint 249.98 249.98
118492 09/13/2007 004604 CALPELRA Acad 111I, Monterey 11/12-13 Gutierrez, 770.00 770.00
118493 09/13/2007 004604 CALPELRA annl cf/Monterey 11/14-16 Gutierrez, B. 750.00 750.00
118494 09/13/2007 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 40.48 40.48
118495 09/13/2007 011361 CAPRA, JUANITA Refund:Prkg Cite 57263 dismissal level 2 325.00 325.00
118496 09/13/2007 009815 CARD QUEST INC 10 cards & ribbon: Info Sys 860.08 860.08
118497 09/13/2007 011360 CAREY, BRYAN J. Refund:Prkg Cite 56768 dismissal level 2 60.00 60.00
Page2
apChklst Final Check List Page: 3
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118498 09/13/2007 006153 CARNAHAN, SUZANNE Refund: Prkg Cite 59789 Dismissallv1 2 325.00 325.00
118499 09/13/2007 000137 CHEVRON USA INC City vehicles fuel: Police 669.71
City vehicles fuel: CM & Police 275.48 945.19
118500 09/13/2007 002989 CLEAR IMAGE WINDOW clean exterior windows: CH 425.00 425.00
CLEANING
118501 09/13/2007 011365 CLOSSICK, LISA Refund: Cameron - Raging Waters 40.00 40.00
118502 09/13/2007 004414 COMMUNITY WORKS DESIGN May-Jul ldscp Insp Svc:Diaz Rd 2,375.03 2,375.03
GROUP
118503 09/13/2007 000442 COMPUTER ALERT SYSTEMS Oct-Dee alarm monitoring citywide 2,507.85 2,507.85
118504 09/13/2007 001923 CONVERSE CONSULTANTS May Design:R. Calif Rd Widening 7,245.00 7,245.00
118505 09/13/2007 011366 COSSE, LAURA Refund: Belly Dancing 43.00 43.00
118506 09/13/2007 001264 COSTCO WHOLESALE refreshments: RR Day/Stn92 408.65 408.65
118507 09/13/2007 003986 COZAD & FOX INC Aug topographic svc:R. CA Rd 3,475.00 3,475.00
118508 09/13/2007 001233 DANS FEED & SEED INC Hay & Straw bails: PW Maint 12.82 12.82
118509 09/13/2007 003945 DIAMOND ENVIRONMENTAL portable restroom svc: Stn 84 115.78 115.78
SRVCS
118510 09/13/2007 004417 DISCOUNT SCHOOL SUPPLY recreation supplies: Ch Museum 57.13 57.13
118511 09/13/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,901.46
INC
Fuel for City vehicles: PW Maint 1,493.80
Fuel for City vehicles: PW lnd Dv 507.21
Fuel for City vehicles: B&S 498.67
Fuel for City vehicles: Code Enf 479.52
Fuel for City vehicles: PW CIP 150.75
Fuel for City vehicles:PW/CC/IS 127.54
Fuel for City vehicles: PW Traffic 103.38
Fuel for City vehicles: Police 89.20 5,351.53
Page:3
apChkLst Final Check List Page: 4
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118512 09/13/2007 001669 DUNN EDWARDS CORPORATION paint supplies: PW Maint Diy 1,012.85
paint supplies: PW Maint Diy 115.15
paint supplies: TCSD parks 44.67 1,172.67
118513 09/13/2007 002528 EAGLE GRAPHIC CREATIONS recognition mugs: HR 52.37 52.37
INC
118514 09/13/2007 000395 ECONOMIC DEVELOPMENT EDC qtr lunch:GY,ME,KC 9/27/07 120.00 120.00
CORP
118515 09/13/2007 004829 ELLISON WILSON ADVOCACY Sept state lobbying sycs: CM 3,500.00 3,500.00
LLC
118516 09/13/2007 009535 EUROPEAN DELI refreshments:Wall of Honor Dedication 293.62 293.62
118517 09/13/2007 009953 FEDERAL CLEANING Sept cleaning svc:PD Mall Storefront 410.00 410.00
CONTRACTORS
118518 09/13/2007 010804 FEHR & PEERS ASSOCIATES Jul Old Tovvn pkg study: RDA 2,379.08 2,379.08
118519 09/13/2007 000166 FIRST AMERICAN TITLE lot book rpt:45296 Esmerado Ct 75.00 75.00
COMPANY
Page:4
apChkLst Final Check List Page: 5
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118520 09/13/2007 003347 FIRST BANKCARD CENTER
MOVIE EXPERIENCE, THE HP Day camp excursion 1,221.00
MARRIOTT HOTEL JC Hotel:07 Ann'l Conf:7/25-28 662.54
US AIRWAYS GR Eden Conf:10/15-17:PBlRW:Dever 605.20
HERTZ RENT-A-CAR JC Car Rental:07 Ann'l Conf:7/25-28 510.87
YOCAHER HP Blank skate boards for TCSD class 457.36
SOURCEMEDIA INC. GR Bond Buyer's Cf:9/1D-12:GR 245.00
UNITED AIRLINES GY Airfare:Dep.Lareau trng 218.10
SOUTHWEST AIRLINES HP Airfare:CA Dir.Summit:8123-24 209.30
FUTURE PUBLISHING HP Magazine subscription 120.59
PENFOLD'S CAFE GY Refrshmnts:Civic Ctr Mtg 88.50
HP Bank chrg-called will be reverse 67.55
GR Bank chrg-called will be reverse 65.63
RR Bank chrg-called will be reverse 63.06
ONTARIO AIRPORT JC Prkg:07 Ann'l Conf:7/25-28 60.00
JC Bank chrg-called will be reverse 58.27
GY Bank chrg-called will be reverse 52.63
BANK OF MEXICAN FOOD, THE GY Refrshmnts:Civic Ctr Mtg 46.44
BJ'S RESTAURANTS, INC. GY Refreshments: EOC Training 40.62
MCGRAW-HILL COMPANIES, THE GR Financial News articles 14.90
NATIONAL PARKING & VALET JC Prkg:07 Ann'l Conf:7/25-28 9.00
ONTARIO CONVENTION CENTER GY Prkg:SCAG Earthquake Cf:818 6.00
EXPEDIA.COM GY Airfare SVc Chg:Dep.Lareau tmg 5.00
HP Credit: Bank charges for GR -15.68 4,811.88
118521 09/13/2007 007866 G C S SUPPLIES INC printer toner/cartridges: Info Sys 469.46 469.46
118522 09/13/2007 010028 G M BUSINESS INTERIORS Furniture & Installation: Library 8,012.01 8,012.01
118523 09/13/2007 011204 GERMAN, JUANITA M. TCSD Instructor earnings 193.20
TCSD Instructor earnings 161.00
TCSD Instructor earnings 79.80
TCSD Instructor earnings 50.40 484.40
118524 09/13/2007 003792 GRAINGER misc supplies: Stn 84 8.81 8.81
PageS
apChkLst Final Check List Page: 6
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118525 09/13/2007 000186 HANKS HARDWARE INC Hardware supplies: PWTraffic 422.87
Hardware supplies: City Hall 182.17
Hardware supplies: Code Enf 112.36
Hardware supplies: Theater 79.44
Hardware supplies: TCC 42.62
Hardware supplies: Ch Museum 41.86
Hardware supplies: Library 36.59
Hardware supplies: Info Sys 32.22
Hardware supplies: Aquatics 17.23
Hardware supplies: B&S 13.36 980.72
118526 09/13/2007 004188 HARRIS & ASSOCIATES Jul consult svcs:pavement rehab 32,477.00 32,477.00
118527 09/13/2007 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 135.00 135.00
GROUP INC
118528 09/13/2007 011355 HERSCHEL FREEMAN AGENCY Performance: Daddy Mack 9/14/07 4,000.00 4,000.00
INC
118529 09/13/2007 010879 HINMAN & CARMICHAEL LLP alcoholic beverage license: Theater 850.00 850.00
118530 09/13/2007 007792 HINTON, BEVERLY L. TCSD instructor earnings 284.90 284.90
118531 09/13/2007 010550 HOME DEPOT, THE crape myrtles/sycamores: RRSP 656.80
rota hammer drill: TCSD parks 407.88
Hardware supplies: PW Maint 18.24 1,082.92
118532 09/13/2007 006492 HRUSKA, ROSEANN Reimb:Map CA GIS:8/29:SanDiego 82.62 82.62
118533 09/13/2007 004217 HYDRO TEK COMPANY misc supplies: PWMaint Div 49.59 49.59
118534 09/13/2007 004406 IGOE & COMPANY INC Aug flex benefit plan pmt 400.00
credit: billed for 50 actual 49 -7.50 392.50
118535 09/13/2007 004833 IMPERIAL PAVING COMPANY INC repair parking lot: City Hall 23,241.00 23,241.00
118536 09/13/2007 001407 INTER VALLEY POOL SUPPLY Pool Sanitizing Chemicals:Aquatics 285.38
INC
Pool Sanitizing Chemicals:Aquatics 191.33 476.71
118537 09/13/2007 003296 INTL CODE COUNCIL 06 Inti Code Cycle: Fire Prey 238.28 238.28
118538 09/13/2007 001186 IRWIN, JOHN TCSD instructor earnings 109.20 109.20
Page:6
apChkLst Final Check List Page: 7
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118539 09/13/2007 004884 J & W REDWOOD LUMBER CO misc supplies: PW Maint Div 47.88 47.88
INC
118540 09/13/2007 003046 K FRO G 95.1 FM RADIO broadcasting:Hot Summer Nights 2,275.00 2,275.00
118541 09/13/2007 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 861.00
TCSD instructor earnings 747.60
TCSD instructor earnings 623.00
TCSD instructor earnings 459.20
TCSD instructor earnings 459.20
TCSD instructor earnings 459.20
TCSD instructor earnings 436.10
TCSD instructor earnings 401.80
TCSD instructor earnings 401.80
TCSD instructor earnings 401.80
TCSD instructor earnings 344.40
TCSD instructor earnings 114.80 5,709.90
118542 09/13/2007 000548 KIPLINGER LETTER, THE Subscription: Roberts, Genie 73.00 73.00
118543 09/13/2007 010120 L G C INLAND INC Geotech Svc:Verizon Fiber Optic 8,174.44 8,174.44
118544 09/13/2007 003726 LIFE ASSIST INC Medical Supplies: Paramedics 133.97 133.97
118545 09/13/2007 008474 L1NKOGLE, MYKELLA Refund: Kyla - Improvisation 130.00 130.00
118546 09/13/2007 004087 LOWES INC Hardware Supplies: Theater 217.04
Hardware Supplies: Theater 39.68
Hardware Supplies: Theater 34.39
credit: hardware supplies returned -39.68 251.43
118547 09/13/2007 010204 M T G L INC 2/18-5/31/07 prof svcs:Field Oper ctr 15,380.00 15,380.00
118548 09/13/2007 003782 MAIN STREET SIGNS Str signs replacement:Tem Prkwy 2,170.09
C.Museum street signs/sign supplies:PW 790.89 2,960.98
118549 09/13/2007 004141 MAINTEX INC Custodial Supplies:TCC 493.37
Custodial Supplies:Parks 467.15
Custodial Supplies:Theater 429.10
Custodial Supplies:Old Town 303.68 1,693.30
118550 09/13/2007 011356 MANNING, CECEILlA OR STEVEN Refund:Prkg Cite 60015 dismissal level 1 10.00 10.00
Page:?
apChkLst Final Check List Page: 8
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118551 09/13/2007 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 700.00
TCSD Instructor Earnings 210.00
TCSD Instructor Earnings 84.00 994.00
118552 09/13/2007 011367 MCKOWN, MAUREEN refund:excurs/Nixon Libr-StevelMaureen 25.00 25.00
118553 09/13/2007 006571 MELODY'S AD WORKS consulting srvcs:old town 4,000.00 4,000.00
118554 09/13/2007 009541 MEYER AND ASSOCIATES Jul dsgn srvcs:TCC Expansion 26,501.25
Jun dsgn srvcs:TCC Expansion 9,517.00 36,018.25
118555 09/13/2007 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 150.00
City vehicles detailing svcs:PW Depts 125.00
City vehicles detailing svcs:B&S 25.00
City vehicle detailing svcs:Planning 20.00 320.00
118556 09/13/2007 002139 NORTH COUNTY TIMES Aug recruitment ads:TCSD 3,107.32
Aug Hot Smr Nights ads:RDA 1,642.76
Aug display ads:Theater 974.94
Aug public ntc ads:City Clerk/Planning 329.30 6,054.32
118557 09/13/2007 009570 o C B REPROGRAPHICS Aug dup blueprints:various City prjts 138.16 138.16
118558 09/13/2007 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:Police OT. stn 527.40
DIV
credit:items returned/Police mall stn -40.60 486.80
118559 09/13/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 508.35
City Vehicle Repair/Maint SVcs 409.49
City Vehicle Repair/Maint SVcs 234.01
City Vehicle Repair/Maint SVcs 34.27 1,186.12
118560 09/13/2007 001171 ORIENTAL TRADING COMPANY misc supplies:high hopes prgm 101.35
INC
misc supplies:C. Museum 20.85
misc supplies:C. Museum 12.95 135.15
118561 09/13/2007 011359 PAQUETTE, DENNIS OR Refund:Prkg Cite 57027 reduced 50.00 50.00
CHRISTINA
118562 09/13/2007 000359 PARKER, HERMAN Reimb: CA Dir.Summit:8123-24:Sac 44.40 44.40
118563 09/13/2007 002099 PASCOE MANAGEMENT LLP Sept restroom rental:old town 826.00 826.00
118564 09/13/2007 002652 PAT & OSCARS RESTAURANT rirshmnts:High Hopes Anniv. 1,031.28 1,031.28
118565 09/13/2007 002498 PETRA GEOTECHNICAL INC Jul geotech srvcs: Field Oper Ctr 2,587.50 2,587.50
Page:8
apChkLst Final Check List Page: 9
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118566 09/13/2007 000249 PETTY CASH Petty Cash Reimbursement 533.96 533.96
118567 09/13/2007 009425 PRUDENT PUBLISHING Annual Christmas Card Orders:TCSD 194.51 194.51
COMPANY
118568 09/13/2007 004529 QUAID TEMECULA HARLEY- Aug repair & maint:Police motorcycles 4,906.91 4,906.91
DAVIDSON
118569 09/13/2007 002612 RADIO SHACK INC mise equipment:lnfo Sys 11.84 11.84
118570 09/13/2007 000728 RAMSEY BACKFLOW & Backflow test/repair: medians & parks 396.00
PLUMBING
Backflow testlrepair: medians & parks 286.00 682.00
118571 09/13/2007 002176 RANCHO CALIF BUS PK ASSOC Oct-Dee Bus.Prk Assn Dues:Diaz Rd 1,751.72
Oct-Dee bus.prk assn dues:City Hall 1,273.98
Oct-Dee bus.prk assn dues:Field Op Ctr 1,051.03 4,076.73
118572 09/13/2007 000271 RBF CONSULTING Julldscp dsgn:\l\linchester Rd 4,656.49 4,656.49
118573 09/13/2007 004498 REPUBLIC INTELLIGENT Traffic sig repair&maint: Marg/Moraga 700.00
Traffic sig repair&maint: Marg/R.Vista 700.00
Traffic sig repair&maint: \l\linch/Diaz 700.00 2,100.00
118574 09/13/2007 000268 RIVERSIDE CO HABITAT Aug '07 K-Rat payment 250.00 250.00
118575 09/13/2007 001592 RIVERSIDE CO INFO Jul radio rental & maint:Police 1,658.28 1,658.28
TECHNOLOGY
118576 09/13/2007 003587 RIZZO CONSTRUCTION INC install (5) lights in gazebo: harveston 5,600.00 5,600.00
118577 09/13/2007 005026 ROAD WORKS, INC. Tri Cntrl Cert Sem:Ludwig/Gonzlez 10/8-9 200.00 200.00
118578 09/13/2007 000459 RUFF N TUMBLE INC TCSD Instructor Earnings 54.60 54.60
118579 09/13/2007 010803 SEAN MALEK ENGINEERING & Jun prgs pmt #2:R.C.Rd Widen 89,496.00 89,496.00
CONST
118580 09/13/2007 009499 SIDOTI, CELlNE Refund: Tiny Tots/1040.303 59.00 59.00
118581 09/13/2007 009746 SIGNS BY TOMORROW various signs: planning dept. 1,406.50 1,406.50
118582 09/13/2007 000645 SMART & FINAL INC Mise Supplies:Human Resources 302.34 302.34
Page:9
apChkLst Final Check List Page: 10
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118583 09/13/2007 000537 SO CALIF EDISON Sept 2-01-202-7330 various mtrs 63,037.43
Sept 2-01-202-7603 arterial st lights 23,134.26
Aug 2-02-351-5281 CRC 9,198.62
Aug 2-05-791-8807 various mtrs 9,012.38
Aug 2-27-805-3194 Theater 6,652.14
Aug 2-00-397-5059 various mtrs 3,893.37
Aug 2-20-798-3248 C. Museum 2,315.26
Aug 2-10-331-2153 TCC 1,911.01
Sept 2-28-171-2620 Police Mall Stn 707.24
Aug 2-29-657-2563 Various TCSD 231.31
Aug 2-29-479-2981 Hghwy 79S 97.38
Aug 2-01-202-7330 various mtrs 8.02 120,198.42
118584 09/13/2007 000519 SOUTH COUNTY PEST CONTROL pest control services:Vail Ranch Prk 84.00 84.00
INC
118585 09/13/2007 007851 SOUTH COAST HEATING & AIR sound cabinet hvac repair: old town 112.50 112.50
118586 09/13/2007 010821 SOUTHWEST AREA ACTIVITIES refund :sec.depositlCRC 150.00 150.00
118587 09/13/2007 011362 SPENCERHOLLlS, KARl Refund:Prkg Cite 55151 dismissal level 2 325.00 325.00
118588 09/13/2007 005786 SPRINT Jul 26-Aug 25 cellular usage/equip 7,345.98 7,345.98
118589 09/13/2007 006145 STENO SOLUTIONS Aug transcription srvcs:Police 953.60 953.60
TRANSCRIPTION
118590 09/13/2007 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings 705.60
TCSD Instructor Earnings 302.40 1,008.00
118591 09/13/2007 011358 SUH, YOUNG WOOK Refund:Prkg CiteD491386 dismissal 1\11 2 325.00 325.00
118592 09/13/2007 000305 TARGET BANK BUS CARD SRVCS recreation supplies:CRC 57.50 57.50
118593 09/13/2007 010679 TEMECULA AUTO City vehicle maint: Fire Prev 112.18 112.18
REPAIR/RADIATOR
118594 09/13/2007 008292 TEMECULA DIESEL AUTO & patch truck repair & maint:pw maint 5,067.52
TRUCK
patch truck repair & maint:pw maint 638.32 5,705.84
118595 09/13/2007 011231 TEMECULA MARINE CENTER INC. ck/repair boat cool system: harveston 300.00 300.00
Page:10
apChkLst Final Check List Page: 11
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118596 09/13/2007 000307 TEMECULA TROPHY COMPANY Dedication plaque: fire stn 92 1,566.69 1,566.69
118597 09/13/2007 000306 TEMECULA VALLEY PIPE & Aug plumbing supplies: Parks/CRC 898.90 898.90
SUPPLY
118598 09/13/2007 004274 TEMECULA VALLEY SECURITY locksmith services: parks/city hall 34.48 34.48
CENTR
118599 09/13/2007 003862 THYSSENKRUPP Elevator srvc call1no power: t'v1l1 364.50 364.50
ELEVATOR.BRNCH 37
118600 09/13/2007 010276 TIME WARNER CABLE Sept high speed internet City Hall 183.38
Aug high speed internet CW 54.95 238.33
118601 09/13/2007 007766 UNDERGROUND SERVICE ALERT Aug undrgrnd svcs alert tickets:PW 483.20 483.20
118602 09/13/2007 006807 VANIR CONSTRUCTION Jul Constr Mgmt:Wolf Creek Fire Stn 18,488.27 18,488.27
118603 09/13/2007 004261 VERIZON Aug xxx-8900 GIS Library 756.61
Aug xxx-7530 GIS Library 520.95
Aug xxx-5509 general usage 146.51
Aug xxx-1540 Old Town Prk Lot 89.50
Aug xxx-0049 general usage 44.40
Aug xxx-1999 general usage 37.61
Aug xxx-5180 79S Irrg Cntr 35.62
Aug xxx-6620 general usage 31.56 1,662.76
118604 09/13/2007 004279 VERIZON CALIFORNIA INC. Aug access-(EQN) C. Mus.phone line 658.23
Aug access-(E05) CRC phone line 356.16 1,014.39
118605 09/13/2007 010283 W B PRODUCTIONS Deposit/prof srvcs:FIT 51<11 OK finale 1,000.00 1,000.00
118606 09/13/2007 000621 WESTERN RIVERSIDE COUNCIL Aug '07 TUMF Payment 212,087.65 212,087.65
OF
118607 09/13/2007 000621 WESTERN RIVERSIDE COUNCIL Clean Cities CampaignTcsd 5,000.00 5,000.00
OF
118608 09/13/2007 008402 WESTERN RIVERSIDE COUNTY Aug '07 MSHCP payment 7,820.00 7,820.00
118609 09/13/2007 004774 WOODCREST UNIFORMS Uniform srvcs:Police 91.75 91.75
118610 09/13/2007 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 232.40 232.40
Page:11
apChkLst
09/1312007
3:59:32PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
118611 09/13/2007 003776 ZOLL MEDICAL CORPORATION
Final Check List
CITY OF TEMECULA
(Continued)
Description
Amount Paid
Page: 12
Misc Medical Supplies:Paramedics
1,730.04
Check Total
credit:item returned/Paramedics
-134.69
Grand total for UNION BANK OF CALIFORNIA:
1,595.35
1,154,648.03
Page:12
apChkLst
09/1312007
3:59:32PM
Final Check List
CITY OF TEMECULA
Page: 13
145
checks in this report.
Grand Total All Checks:
1,154,648.03
Page:13
apChkLst
09/0612007
2:40:41 PM
Final Check List
CITY OF TEMECULA
Page: 11
152
checks in this report.
Grand Total All Checks:
1,911,465.72
Page:11
I~-- .
,
II
ITEM NO.4
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
ell
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public Works
DATE:
September 25, 2007
SUBJECT:
Purchase and Sale Agreement for certain property rights on property located at
45024 Muirfield Drive
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
Carol A. Chiodo, Property Agent
RECOMMENDATION:
That the City Council:
1. Approve substantially in the form attached hereto the Purchase and Sale Agreement
between the City of Temecula and Christopher and Tammy Mitchell, forthe purchase of an
approximate 5,280 square foot permanent easement and an approximate 80 square foot
area in fee for the widening of Pechanga Parkway at a purchase price of $6,500.00 plus
escrow fees.
2. Authorize the Finance Department to disburse the amount of $6,500 to cover the cost of the
easements plus the associated escrow fees not to exceed $1,000.00
3. Authorize the Mayor to execute the Purchase and Sale Agreement, approve and execute
any necessary documents and to take all necessary actions to complete this acquisition,
including without limitation, all escrow instructions.
BACKGROUND: This project was approved in the Capital Improvement Program for Fiscal Years
2008-2012. The scope of work for this project includes the construction of full-width street
improvements of Pechanga Parkway from south of the Pechanga Parkway Bridge to Wolf Valley
Road. Full width is 134 feet from south of Pechanga Parkway Bridge to Via Gilberto, and 110 feet
from Via Gilberto to Wolf Valley Road. The project includes the design, acquisition, environmental
studies, mitigation, and construction of road improvements to include curb, gutter, sound wall, and
storm drain facilities on Pechanga Parkway from Deer Hollow Way to Temecula Creek.
On June 12, 2007 the City Council set just compensation for the property interests and authorized
the Director of Public Works to make offers and negotiate the acquisition of required property rights
for the construction of the Pechanga Parkway improvements. The City delivered the original offer
on June 15,2007 to Christopher and Tammy Mitchell for the property interests required for the
project. The offer was for the purchase of an approximate 5,280 square foot permanent easement
and an approximate 80 square feet area in fee from the real property, commonly know as 45024
Muirfield Drive, Temecula, California and identified as Riverside County Tax Assessor's Parcel
Number 961-043-011 for the public use, namely street purposes and all uses necessary or
convenient thereto. The negotiations have successfully concluded and the attached Purchase and
Sale Agreement describes the details of the acquisition of the required property interests to
construct the Pechanga Parkway improvements. The purchase amount of $6,500.00, is the
amount the City Council previously authorized for this purchase and offered for these property
interests.
FISCAL IMPACT: Funds for this acquisition are available in the Pechanga Parkway
Improvements - Phase II, Capital Improvement Project in the 2007-2008 Budget, Account No.
210.165.668.
ATTACHMENTS:
Purchase and Sale Agreement
PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BETWEEN CITY OF
TEMECULA AND CHRISTOPHER AND TAMMY
MITCHELL (5,280 SQUARE FOOT PERMANENT
EASEMENT AND FEE ACQUISITION OF 80 SQUARE
FOOT AREA - ASSESSOR'S PARCEL NUMBER 961-043-
011)
THIS PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of
September 25,2007 ("Effective Date") by and between CHRISTOPHER AND TAMMY
MITCHELL ("Seller"), and the CITY OF TEMEC1.TLA, a municipal corporation
("City"), and constitutes both an agreement to purchase and sell real property between the
parties and the parties' escrow instructions directed to First American Title Company
("Escrow Holder").
RECITALS
A Seller is the sole fee owner and resident of the property commonly known as
45024 Muirfield Drive, Temecula, and identified as Riverside County Tax Assessor's
Parcel Number 961-043-011 ("Larger Parcel"). The Larger Parcel is improved with a
single-family residence and is approximately 17,070 gross square feet in size (8,523
square feet in size, net of the existing drainage easement).
B. The City wishes to purchase and Seller desires to grant to the City a 5,280
square foot penuanent easement and an approximate 80 square foot area in fee for public
purposes, nanlely public street purposes and all uses necessary or convenient thereto in
connection with the City's proposed improvements to and widening of Pechanga
Parkway. The 5,280 square foot permanent easement and the 80 square foot fee area are
referred to below collectively as "Property". The 5,280 square foot permanent easement
is described more particularly in Exhibit "A" hereto and depicted on Exhibit "B" hereto.
TIle 80 square foot fee area is described more particularly in Exhibit "c" and depicted on
Exhibit "D" hereto. Exhibits "A" through "D" are incorporated in this Agreement by this
reference.
C. On June I, 2007 the Property was appraised at $6,500.00 (Six TIlOusand Five
Hundred Dollars). On June 15, 2007, the City made a written offer to purchase the
Property for $6,500.00. Negotiations ensued, and this Agreement resulted.
D. Seller desires to sell and the City desires to buy the Property on the tenus and
conditions set forth herein.
NOW THEREFORE, in consideration ofthe foregoing Recitals and tenus
and conditions set forth below, which are incorporated herein by this reference, the
parties hereto agree as follows:
III IR6\1 1627\957223-Mitchell
-1-
1. Purchase and Sale.
On the Close of Escrow (as defined below), Seller agrees to grant the
Property to the City, and the City agrees to acquire the Property from Seller, on the tenns
and conditions set forth below.
2. Oneninl' and Closinl' of Escrow.
Within five (5) days after the Effective Date of this Agreement, City shall
deliver a fully-executed copy of this Agreement to Escrow Holder. For purposes of this
Agreement, "Opening of Escrow" shall mean the date on which Escrow Holder receives a
fully executed copy ofthis Agreement. The "Close of Escrow" shall be the date that
Grant of Easement and Grant Deed for the Property in favor of the City are recorded in
the Official Records ofthe Riverside County Recorder's Office. The Close of Escrow
shall occur after the perfonnance of all duties and obligations under this Agreement. TIle
Close of Escrow shall be on the date that is not later than the first business day occurring
thirty (30) days after the date ofthis Agreement. Before the Close of Escrow, Seller shall
solely bear all risk ofloss and damage to the Property from any source whatsoever.
3. Purchase Price and Additional Consideration.
TIle total Purchase Price to be paid by the City for the Property is the sum
of $6,500.00 (Six TIlOusand Five Hundred Dollars) ("Purchase Price"), which sum shall
be paid to Seller in full in cash on the Close of Escrow. No attempt has been made to
assign value to any lesser interest in the Property, including any leasehold estate. The
Purchase Price, therefore, is the total price for the Property without distinction or
separation for various interests that may be held in the Property. Seller shall be
responsible for any apportionment or allocation ofthe Purchase Price if required for any
separately held interests that may exist.
4. Title and Title Insurance.
Upon the Opening of Escrow, Escrow Holder shall obtain and issue a title
commitment for the Property. Escrow Holder shall also request two copies each of all
instmments identified as exceptions on said title commitment. Upon receipt ofthe
foregoing, Escrow Holder shall deliver these instmments and the title commitment to the
City and Seller. The City's easement interests to the Property shall be insured at the
Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the
amount ofthe Purchase Price (the "Policy"). TIle Policy of Title Insurance provided for
pursuant to this Section shall insure the City's easement interests in the Property free and
clear of all liens, encumbrances, and restrictions, subject only to the following pennitted
conditions oftitle ("Permitted Title Exceptions"):
a. Real property taxes for the then current tax fiscal year, which are a
lien not then due and payable;
b. TIle applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Property; and
III IR6\1 1627\957223-Mitchell
-2-
c. TIle non-monetary exceptions approved by the City within fifteen
(15) business days after the date the City receives from Escrow Holder the title
commitment and legible copies of all instruments noted as exceptions therein. If the City
unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all
funds deposited therein shall be refunded to the City (less the City's share of escrow
cancellation charges), and this Agreement shall be of no further force or effect. Ifthe
City conditionally disapproves any such exceptions, then Seller shall use Seller's best
efforts to cause such exceptions to be removed by the Close of Escrow. If such
conditionally disapproved non-monetary exceptions are not removed by the Close of
Escrow, the City may, at its option, either accept the Property subject to such
encumbrances, or terminate the Escrow and receive a refund of all funds deposited into
Escrow (less the City's share of escrow cancellation charges), if any, and this Agreement
shall thereupon be of no further force or effect. At the Close of Escrow, the City's
interests in the Property shall be free and clear of all monetary encumbrances.
5. Grant of Easement and Grant Deed.
Seller covenants and agrees to deposit with Escrow Holder prior to the
Close of Escrow a Grant of Easement fortlle 5,280 square foot penllanent easement and
Grant Deed for the 80 square foot fee area duly executed and acknowledged by Seller,
granting to the City the permanent easement and fee interest in the Property. The Grant
of Easement and Grant Deed shall be in a form provided by the City and shall be
approved by the City prior to recording. The easement granted shall be nonexclusive and
shall be consistent with this Agreement.
6. Authorization to Record Documents and Disburse Funds.
Escrow Holder is hereby authorized to record the documents and disburse
the funds and documents called for hereunder upon the Close of Escrow, provided each
ofthe following conditions has then been fulfilled:
a. Escrow Holder can issue in favor ofthe City the Policy, showing
the City's interests in the Property vested in the City subject only to the Permitted Title
Exceptions;
b. Escrow Holder shall have received the City's notice of
approval or satisfaction or waiver of all ofthe contingencies to the City's obligations
hereunder, as provided for in Section 13; and
c. Seller shall have deposited with Escrow Holder the Grant of
Easement and Grant Deed required by Section 5.
Unless otherwise instructed in writing, Escrow Holder is authorized to
record at the Close of Escrow any instrument delivered through this Escrow if necessary
or proper for issuance of the Policy, including the Grant of Easement and Grant Deed.
III IR6\1 1627\957223-Mitchell
-3-
7. Escrow Charl'es and Prorations.
TIle City shall pay the cost ofthe CLT A Owner's Standard Coverage
Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket
expenses for messenger services, long distance telephone, etc. TIle City shall pay any
fees or costs relating to recording ofthe Grant of Easement and Grant Deed with the
Recorder's Office of the County of Riverside. City shall pay any documentary or other
local transfer taxes, and any other recording fees. Taxes, assessments, penalties, interest
charges, and delinquency charges of every kind levied upon or assessed against the
Property, except as otherwise expressly set forth herein, shall be paid by Seller through
Escrow to the Close of Escrow. Ifthe Escrow shall fail to close through no fault of either
party or the fault ofthe City, the City shall pay all Escrow cancellation charges.
8. License to Enter.
Seller hereby grants to the City and its authorized agents, contractors,
consultants, assigns, attorneys, accountants and other representatives an irrevocable
license to enter upon the Property during regular business hours for the limited purpose of
making inspections and other examinations ofthe Property, including, but not limited to,
the right to perform soil and geological tests of the Property and an environmental site
assessment thereof TIle City shall give Seller 3 (three) days prior written notice before
going on the Property. The City does hereby indemnify and forever save Seller, Seller's
heirs, successors and assigns, and the Property, free and harnlless from and against any
and all liability, loss, damages and costs and expenses, demands, causes of action, claims
or judgments, whether or not arising from or occurring out of any damage to the Property
as a result of any accident or other occurrence at the Property which is in any way
connected with the City's inspections or non-pernlanent improvements involving
entrance onto the Property pursuant to this Section.
9. Warranties and Renresentations of Seller.
Seller hereby represents and/or warrants to the City the following, it being
expressly understood and agreed that all such representations and/or warranties are to be
tme and correct as ofthe Close of Escrow and shall survive the Close of Escrow:
a. Seller hereby represents to the best of Seller's knowledge that (i)
on the Close of Escrow the Property shall be free and clear of any and all hazardous or
toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the
Property is in compliance with all applicable statutes and regulations, including
environmental, health and safety requirements; and (iii) Seller has no notice of any
pending or threatened action or proceeding arising out of the condition ofthe Property or
alleged violation of envirOlilllental, health or safety statutes, ordinance or regulations.
b. Seller hereby warrants and represents that neither this Agreement
nor anything provided to be done hereunder, including the transfer ofthe Property to the
City, shall at Close of Escrow violate any contract, agreement or instmment to which
III IR6\1 1627\957223-Mitchell
-4-
Seller is a party, or which affects the Property, and the sale ofthe Property herein
contemplated does not require the consent of any party not a signatory hereto.
c. Seller hereby warrants and represents that there are no mechanics',
materialmen's or similar claims or liens presently claimed against the Property for work
performed or commenced prior to the date of this Agreement. Seller agrees to hold the
City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney
fees, arising from or relating to any such lien or any similar lien claimed against the
Property and arising from work perfornled or commenced prior to the Close of Escrow by
or on behalf of Seller.
d. Seller hereby warrants and represents that there are no written or
oral leases or contractual right or option to rent, lease, purchase, or otherwise enjoy
possession, rights or interest of any nature in and to the Property or any part thereof, and
no persons other than Seller has any right of possession to the Property or any part
thereof
e. Seller hereby warrants and represents that Seller has no knowledge
of any pending, threatened or potential litigation, action or proceeding against Seller or
any other Party before any court or administrative tribunal that is in any way related to
the Property.
f Seller hereby represents that to the best of Seller's knowledge,
Seller is the sole owner ofthe Property, free and clear of all liens, encumbrances,
easements, encroachments from adjacent properties, or rights of way of any nature, other
than those that may appear of record in the official records ofthe Office of the Recorder,
County of Riverside.
10. Renresentations and Warranties ofCitv.
City hereby represents and warrants to the Seller the following, it being
expressly understood and agreed that all such representations and warranties are to be
true and correct as ofthe Close of Escrow and shall survive the Close of Escrow:
a. City has taken all required action to pernlit it to execute, deliver,
and perform its obligations under this Agreement.
b. City has the power and authority to execute and deliver this
Agreement and to carry out its obligations hereunder and consummate the transaction
contemplated herein.
11. Full Payment ofObli!!ations ofCitv.
a. It is understood and agreed between Seller and the City that the
payments made to Seller as set forth in this Agreement represent an all-inclusive
settlement and is full and complete payment of compensation for the acquisition of the
interests pertaining to the Property and includes and satisfies any and all other payments,
if any, that may be required by law to be paid to Seller arising out ofthe acquisition of
III IR6\1 1627\957223-Mitchell
-5-
the Property and displacement ofthe Seller and all persons residing on the Property, and
specifically includes, but is not limited to, just compensation for the Property, including,
but are not limited to, claims for severance and other damages, attorney's fees, interest,
expenses oflitigation, expert's fees, precondemnation damages, inverse condemnation,
or any other damages of every kind and nature suffered or to be suffered by Seller by
reason ofthe City's acquisition ofthe easements comprising the Property or the Project
for which the City is acquiring the Property.
12. Releases.
a. This Agreement is a voluntary agreement and Seller, on behalf of
itself and its heirs, successors and assigns, hereby fully releases the City, its officials,
counsel, employees, and agents, from all claims and causes of action by reason of any
danlage which has been sustained, or may be sustained, as a result ofthe City's efforts to
acquire the Property or any preliminary steps thereto. Seller further releases and agrees
to hold the City harmless from any and all claims and causes of action by reason of any
leasehold interest in the Property.
b. Seller acknowledges that it may have sustained damage, loss, costs
or expenses which are presently unknown and unsuspected, and such damage, loss, costs
or expense which may have been sustained, may give rise to additional damages, loss,
costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this
Agreement has been negotiated and agreed upon in light ofthat situation, and hereby
expressly waives any and all rights which Seller may have under California Civil Code
Section 1542, or under any statute or common law or equitable principle of similar effect.
California Civil Code Section 1542 provides as follows:
"A general release does not ex1:end to claims which the
Creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him
must have materially affected his settlement with the
debtor. "
Seller's Initials City's Initials
c. 111is Section 12 shall survive the Close of Escrow.
13. City's Continl'encies and Satisfaction.
For the benefit ofthe City, the Closing of Escrow and the City's obligation
to consummate the acquisition ofthe Property shall be contingent upon and subject to the
occurrence of all ofthe following (or the City's written waiver thereof, it being agreed
that the City can waive any or all such contingencies) on or before the Close of Escrow:
a. 111at as ofthe Close of Escrow the representations and warranties
of Seller contained in this Agreement are all tme and correct.
III IR6\1 1627\957223-Mitchell
-6-
b. TIle deposit with Escrow Holder ofthe Grant of Easement and
Grant Deed pursuant to Section 5 above.
c. Escrow Holder's commitment to issue in favor ofthe City of a
CLT A Standard Coverage Owner's Policy of Title Insurance with liability equal to the
Purchase Price showing the City's interests in the Property subject only to the Permitted
Title Exceptions.
d. The City's approval prior to the Close of Escrow of any
environmental site assessment, soils or geological reports, or other physical inspections
ofthe Property or the underlying real property that the City might perform prior to the
Close of Escrow.
14. Certification of Non-Forei!!n Status.
Seller covenants to deliver to Escrow a certification of Non-Foreign Status
in accordance with LR.C. Section 1445, and a similar notice pursuant to Califomia
Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow.
15. Default.
In the event of a breach or default under this Agreement by either the City
or Seller, the non-defaulting party shall have, in addition to all rights available at law or
equity, the right to temlinate this Agreement and the Escrow for the purchase and sale of
the Property, by delivering written notice thereof to the defaulting party and to Escrow
Holder, and ifthe City is the non-defaulting party, the City shall thereupon promptly
receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-
defaulting party shall be without prejudice to the non-defaulting party's rights and
remedies at law or equity.
16. Notices.
All notices and demands shall be given in writing by certified mail,
postage prepaid, and retum receipt requested, or by personal delivery. Notices shall be
considered given upon the earlier of (a) personal delivery, (b) two (2) business days
following deposit in the United States mail, postage prepaid, certified or registered, retum
receipt requested, or (c) one (1) business day following deposit with an ovemight carrier
service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed
as provided below for the respective party. The parties agree, however, that if any party
gives notice in writing of a change of name or address to the other party, notices to such
party shall thereafter be given as demanded in that notice:
CITY:
City of T emecula
43200 Business Park Drive
Post Office Box 9033
Temecula, Califomia 92589-9033
Attention: Shawn Nelson, City Manager
III IR6\1 1627\957223-Mitchell
-7-
COPY TO:
Richards, Watson & Gershon
Attention: Peter M. 11lOrson, City Attomey
355 South Grand Avenue
40th Floor
Los Angeles, Califomia 90071-3101
SELLER:
Christopher and Tammy Mitchell
45024 Muirfield Drive
Temecula, Califomia 92592-5871
ESCROW
HOLDER:
First American Title Company
3281 E. Guasti Road, Suite 490
Ontario, CA
Attn: Gloria Ybarra, Escrow Officer
TeL No. (909) 510-6221
Fax No. (909) 494-7513
17.
Further Instructions.
Each party agrees to execute such other and further escrow instmctions as
may be necessary or proper in order to consummate the transaction contemplated by this
Agreement.
18. Amendments.
Any anlendments to this Agreement shall be effective only when duly
executed by the City and Seller and deposited with Escrow Holder.
19. Miscellaneous.
a. Applicable Law. This Agreement shall be constmed and
interpreted under, and govemed and enforced according to the laws of the State of
Califomia.
b. Entire Agreement. 111is Agreement supersedes any prior
agreement, oral or written, and together with the Exhibits hereto and any agreements
delivered pursuant hereto, contains the entire agreement between the City and Seller on
the subject matter hereof No subsequent agreement, representation or promise made by
either party hereto, or by or to any employee, officer, agent or representative of either
party, shall be of any effect unless it is in writing and executed by the party to be bound
thereby. No person is authorized to make, and by execution hereof Seller and the City
acknowledge that no person has made, any representation, warranty, guaranty or promise
except as set forth herein; and no agreement, statement, representation or promise made
by any such person who is not contained herein shall be valid or binding on Seller or the
City.
III IR6\1 1627\957223-Mitchell
-8-
c. Successors and Assigns. TIlis Agreement shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors and assigns of
the parties hereto.
d. Time of Essence. The parties acknowledge that time is of the
essence in this Agreement, notwithstanding anything to the contrary in the Escrow
company's general Escrow instructions.
e. Remedies Not Exclusive and TVaivers. No remedy conferred by
any ofthe specific provisions ofthis Agreement is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. TIle election of anyone or more remedies shall not constitute a
waiver of the right to pursue other available remedies.
f Intelpretation and Construction. TIle parties agree that each party
has reviewed this Agreement and that each have had the opportunity to have their legal
counsel review and revise this agreement and that any rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendments or Exhibits thereto. In this
Agreement the neuter gender includes the feminine and masculine, and singular number
includes the plural, and the words "person" and "party" include corporation, partnership,
finn, trust, or association wherever the conteJ\.i so requires. The recitals and captions of
the sections and subsections ofthis Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or
aid in the interpretation, construction or meaning ofthe provisions ofthis Agreement.
20. Attornevs' Fees.
If either party hereto incurs attorneys' fees in order to enforce, defend or
interpret any ofthe terms, provisions or conditions ofthis Agreement or because of a
breach ofthis Agreement by the other party, the prevailing party shall be entitled to
recover reasonable attorneys' fees from the other party.
21. Assh'llment.
The City may assign its rights under this Agreement or may designate a
nominee to acquire the Property, provided, however, that any such assignment or
designation shall not relieve the City of any of its obligations under this Agreement.
22. Escrow Holder Need Not Be Concerned.
Escrow Holder is not to be concerned with Sections 8, 9, 10, I L and 12
hereof, and the City and Seller release Escrow Holder from liability or obligation as to
Sections 8, 9, 10, I Land 12 hereof
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as ofthe day and year first written above.
III IR6\1 1627\957223-Mitchell
-9-
ATTEST:
Susan W. Jones, MMC City Clerk
III IR611 1627\957223-Mitchell
SELLER
Christopher Mitchell
Tammy Mitchell
CITY OF TEMECULA, a municipal
corporation:
Chuck Washington, Mayor
-10-
EXHIBIT "A"
Being a portion of Lot 52 otTract No. 21067, in the City ofTemecula, County of
Riverside, State of California, as filed in Book 231, Pages 41 through- 48, of Maps
in the office.of the County Recorder of said County, being more particularly
described as follows:
BEGINNING at the most southerly comer of said Lot 52, said corner being
distant 55.00 feet measured at a right angle to the centerline of Pechanga
Parkway (formerly Pala Road);
thence along the easterly line of said Lot 52, North 040 54' 45' East a distance of
30.18 feet;
thence leaving said easterly line along a line being parallel and distant 79.00 feet
from the centerline of said Pechanga Parkway, North 4r 44' 36' West a
distance of 214.B3 feet to a point in the southeasterly right-of-way of Murfield
Drive as shown on said map, said point being a point on a non-tangent curve,
concave northwesterly and having a radius of 330.00 feet, a radial to said point
bears South 6Q<> 17' 21' East;
thence southwesterly along said curved right-of-way line, through a central angle
of 3" 41' OS' and an arc length of 21.22 feet to the beginning of the comer
cutback for the intersection of Murfield Drive and Pechanga Parkway;
thence along said comer cutback, South 40" 28' 42' East a distance of 24.90 feet
.' to a point in the northeasterly right-of-way of said Pechanga Parkway;
. thence along said northeasterly right-of-way of Pechanga Parkway South 470 44'
36' East a distance of 204.49 feet to the POINT OF BEGINNING.
Contains 5,280 square feet,more or less.
See EXHIBIT "B', attached.
v
q q,1Io~
.EXHIBIT B
SHEET 1 Of 1
....
f'I<)
~C'~.
~Q "
~I<)
..,~~
~)-
aa
~~
~1? )-
~
~Q "
~0~
i#
g
Q
(;j
r;;:
!Sf
~
GJ
"'......;-..
8(j.l>)-..
'" S. ..? ,..",......
~~6" ~ ......
"6'... ......
,,,. ......
......
/......
# ......
.d'
....
6""' .
l~';1t&>""
<;j;r.....
~"....., ,
" v '].1r.9~"V4
tot 4f128'Ir
",C!>
NOTE: LOT DIMENSIONS ARE SHOWN PER
TR. NO. 21067. M.B. 231/41-48
""'"
""'.....
.......... N 73-
N 6j:;..... 17~7"
09'i:i')y
(.-?)
LOT 52
TR. 21067
M.B. 231/41-48
I
.
....
Q)
Ii
...
i61'J
.1()
~ .~
...~
"!O
~
o
:z:
?
1"",40'
P,O.8.
1l1REE IItITERWORUl aAClE. SIL 200
IIilllliillllii"" H II & F In ltllECtJIA. CA 92590
_F. a oreman, C. PH. 951-194-9300
c_....,.,,_ 0..__' PIannI 1........._ .~._~. FAX. 951-294--9J01
~...,_.,,'~Y'Y1~' l1Il,~"""",NU.~re WWW.HfINC.COII
,
EXHIBIT "An -I
Being a portion of Lot 52 of Tract No. 21067, in the City of Temecula, County of
Riverside, State of California, as filed in Book 231, Pages 41 through 48, of Maps
in the office of the County Recorder of said County, being more particularly
described as follows:
COMMENCING at the most southerly corner of said Lot 52, said comer being
distant 55.00 feet measured at a right angle to the centerline of Pechanga
Parkway (formerly Pala Road);
thence along the easterly line of said Lot 52, North 04054' 45" East a distance of
30_18 feet;
thence leaving said easterly line along a line being parallel and distant 79.00 feet
from the centerline of said Pechanga Parkway, North 470 44' 36" West a
distance of 192.19 feet to the TRUE POINT OF BEGINNING;
thence continuing along said line, North 470 44' 36" West a distance of 22_64 feet
to a point in the southeasterly right-of-way ofMurfield Drive as shown on said
map, said point being a point on a non-tangent curve, concave northwesterly and
having a radius of 330.00 feet, a radial to said point bears South 60" 17' 21" East;
thence northeasterly along said curved right-of-way line, through a central angle
of 1015' 19" and an arc length of723 feet;
thence leaving said right-of-way, South 31034'48" East a distance of 25_29 feet
to the TRUE POINT OF BEGINNING_ .
Contains 80 square feet, more or less.
See EXHIBIT "B", attached.
.
EXHIBIT B-1
SHEET 1 OF 1
is
I
~.<:>
~C'~A,. .
""Y.IfIQ ,
~.<:>
~
:t~ ;..
tPQ
~4,~~
<;..
~
~
-i>O '
~0~
1#
g
Q
t;f
ii:
151
!y .......6,';J ~
1\;': .t?t.<>", ~
6()<1>~ "' ...{~
J\I ~ <i\-....... .....
~~6'. ~
'-'~\-
,
I'
NOTE: LOT DIMENSIONS ARE SHOWN PER
TR. NO. 21067, M.B. 231/41-48
~
,~
...
6\<' ,
~ ~()..o-
<;j ~....
qfJ'v .
" '2.1..90~
" ~ 4(f2'iS 4'1.
",QI
---'"
D ...... ...... IV "".
"'S)4' IV....... ',-, 77'
R~-l6'33'liF09-""" 57"W
(,..<6 "'''" 1;}0;;;: '67.6'"
''-''J' II' (R) <:
IV 3,.
~ <5~;18")v LOT 52
" TR. 2.1067
'4' U.8. 231/41-48
~..>..
"'1r.
'$
-?t
"...,9
~~...
~.
. "
~ ""
,
"
"~ z
~)
\
.
....
IX)
~
-
l'1
It)
'<t
;,.
~
o
1"=40'
P.O.C.
.. om ~.CIlQ..E. SIt. too
BIJ!' . Hall & Foreman, Inc. ~-~=
E "'^"""" ~......... ., _..._ fAX. e51-294-9J01
ng._"...~~..,.ng.l'\aOOinIl."".........~ JrtiW.HFINC.COII
I~-- .
,
II
ITEM NO.5
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
/112
(J(L.,
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public Work
DATE:
September 25, 2007
SUBJECT:
French Valley Parkway Interchange Project - Joint Resolution with the City of
Murrieta
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A JOINT RESOLUTION OF THE CITY COUNCILS OF THE CITIES
OF TEMECULA AND MURRIETA RECOGNIZING THE REGIONAL
SIGNIFICANCE OF THE PLANNED FRENCH VALLEY PARKWAY I
INTERSTATE-15 OVER-CROSSING AND INTERCHANGE
IMPROVEMENTS PROJECT AND COMMITTING TO WORK
TOGETHER TO EXPEDITIOUSLY DELIVER THE PROJECT.
BACKGROUND: The French Valley Parkway/l-15 Over-Crossing and Interchange
Improvements Project will provide a new connection to 1-15 between Winchester Road and the 1-
15/1-215 split. This project is intended to upgrade the existing freeway system and improve traffic
flow and safety in southwest Riverside County.
On January 14, 2003, Council entered into a an agreement with Moffat & Nichol Engineers (M&N)
for the Project Report phase of the French Valley Parkway I nterchange Project, which includes
Poject Approval & Environmental Document (PA & ED). Since that time Staff and M&N have been
working with the City of Murrieta, the County of Riverside, Caltrans and the Federal Highway
Administration (FHWA) to complete the multitude of reports, maps, technical studies, and exhibits
necessary to gain approval of the Project Report and Environmental Document. Upon approval of
those documents the Plans & Specifications for the construction of the project can be
prepared/finalized. It is anticipated this project will be constructed in 2 phases. Phase I
(southbound off-ramp to French Valley Parkway, auxiliary lane between French Valley and
Winchester southbound off-ramp, and bridge widening over Santa Gertrudis Creek at the
Winchester southbound off-ramp) is currently scheduled to begin construction July2009. Phase II,
the remainder of the project, is anticipated to begin construction November 2010 and be complete
by December 2012.
Due to the complexity of this project, the Cities of Temecula and Murrieta are seeking a
cooperativelcoordinated effort to expeditiously deliver this high priority project. The attached
Resolution, which was adopted by the City of Murrieta at its regularly scheduled meeting on
September 18, 2007, formalizes that commitment.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. City of Temecula - Resolution
2. City of Murrieta - Agenda Report
3. City of Murrieta - Resolution
RESOLUTION NO. 07-00
A JOINT RESOLUTION OF THE CITY COUNCILS OF THE
CITIES OF TEMECULA AND MURRIETA RECOGNIZING
THE REGIONAL SIGNIFICANCE OF THE PLANNED
FRENCH VALLEY PARKWAY I INTERSTATE-15 OVER-
CROSSING AND INTERCHANGE IMPROVEMENTS
PROJECT AND COMMITTING TO WORK TOGETHER TO
EXPEDITIOUSLY DELIVER THE PROJECT.
THE CITY COUNCILS OF THE CITIES OF TEMECULA AND MURRIETA DO
HEREBY RESOLVE AS FOLLOWS:
WHEREAS, Southwest Riverside County has experienced significant growth and
is projected to continue to experience significant growth in the foreseeable future; and,
WHEREAS, the aforementioned growth has increased the demand on the
existing freeway system between Winchester Road and the Interstate 15/1nterstate 215
split; and,
WHEREAS, the traffic flow on the existing freeway system is degrading to
unacceptable levels; and,
WHEREAS, the safety of the traveling public on the existing freeway system is
also degrading to unacceptable levels; and,
WHEREAS, the French Valley Parkway I Interstate-15 Over-Crossing and
Interchange Improvements Project will upgrade the existing freeway system to improve
traffic flow and safety; and,
WHEREAS, the complexity of Federal and State oversight of the development of
the French Valley Parkway I Interstate-15 Over-Crossing and Interchange
Improvements Project is challenging; and,
WHEREAS, United States Congressman Darrell Issa, State of California
Assemblyman Kevin Jeffries, and Riverside County Supervisor Jeff Stone recognize the
aforementioned complexity and challenges, and have fully involved themselves to
support the expeditious completion of the French Valley Parkway Ilnterstate-15 Over-
Crossing and Interchange Improvements Project; and,
WHEREAS, we can protect and significantly improve the quality of life in
Southwest Riverside County through the coordinated cooperative effort of the local
governments; and,
WHEREAS, we desire to demonstrate through a cooperative effort with our
fellow local governments the ability to improve the safety of our citizenry and the
traveling public.
NOW, THEREFORE, BE IT RESOLVED that the Temecula City Council and the
Murrieta City Council hereby declare that the French Valley Parkway I Interstate-15
Over-Crossing and Interchange Improvements Project is one of the most important
transportation projects in Southwest Riverside County and with the continued support of
United States Congressman Darrel Issa, California Assemblymen Kevin Jefferies, and
Riverside County Supervisor Jeff Stone commit to work cooperatively to insure the
timely delivery of this essential addition to the regional transportation network.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
,,"T'}'I~
~
J..{urrida
City Council Agenda Report
Date:
Subject:
Mayor and City Council
Patrick Thomas, Director of Public Works/City Engineer
For Information Contact: Mr. Thomas at 951-461-6078
September 18, 2007
French Valley Parkway - Joint Resolution with City of Temecula
To:
From:
RECOMMENDATION
Adopt a Joint Resolution with the City of Temecula recognizing the significance of the French Valley
Parkway/I-15 Over-Crossing and Interchange project and committing to work together to expeditiously
deliver the project.
BACKGROUND
The French Valley Parkway/I-15 Over-Crossing and Interchange Improvements Project will provide a
new connection to 1-15 between Winchester Road and the 1-15/1-215 split. This project is intended to
upgrade the existing freeway system and improve traffic flow and safety between the cities of Murrieta
and Temecula. The City of Temecula is acting as the lead agency and directing the preparation of
plans, specifications and environmental studies for this project, as well as coordinating with the City of
Murrieta, County of Riverside, Caltrans and Federal Highway Administration (FHWA). Due to the
complexity of this project, the City of Temecula has requested a coordinated effort in order to
expeditiously deliver this high priority project.
The City of Temecula is currently preparing a New Connection Report and Traffic Operations Report for
review by Caltrans and FHWA. Upon approval of this report, the City will begin formal review of the
Environmental Document and Preparation of plans and specifications. It is anticipated this project will
be constructed in 2 phases. Phase I (southbound off-ramp to French Valley Parkway, auxiliary lane
between French Valley and Winchester southbound off-ramp, and bridge widening over Santa
Gertrudis Creek at the Winchester southbound off-ramp) is anticipated to begin July 2009. Phase II,
the remainder of the project, is anticipated to begin in November 201 0 and be complete by December
2012.
FISCAL IMPACT
None
ATTACHMENT
1. Resolution
APPROVALS: City Attorney
Finance Dir.
City Manager
RESOLUTION NO.
A JOINT RESOLUTION OF THE CITY COUNCILS OF THE CITIES
OF TEMECULA AND MURRIETA RECOGNIZING THE REGIONAL
SIGNIFICANCE OF THE PLANNED FRENCH VALLEY PARKWAY I
INTERSTATE-15 OVER-CROSSING AND INTERCHANGE
IMPROVEMENTS PROJECT AND COMMITTING TO WORK
TOGETHER TO EXPEDITIOUSLY DELIVER THE PROJECT.
THE CITY COUNCILS OF THE CITIES OF TEMECULA AND MURRIETA DO
HEREBY RESOLVE AS FOLLOWS:
WHEREAS, Southwest Riverside County has experienced significant growth and
is projected to continue to experience significant growth in the foreseeable future; and
WHEREAS, the aforementioned growth has increased the demand on the
existing freeway system between Winchester Road and the Interstate 15/lnterstate 215
split; and
WHEREAS, the traffic flow on the existing freeway system is degrading to
unacceptable levels; and
WHEREAS, the safety of the traveling public on the existing freeway system is
also degrading to unacceptable levels; and
WHEREAS, the French Valley Parkway / Interstate-15 Over-Crossing and
Interchange Improvements Project will upgrade the existing freeway system to improve
traffic flow and safety; and
WHEREAS, the complexity of Federal and State oversight of the development of
the French Valley Parkway / Interstate-15 Over-Crossing and Interchange
Improvements Project is challenging; and
WHEREAS, United States Congressman Darrell Issa, State of California
Assemblyman Kevin Jeffries, and Riverside County Supervisor Jeff Stone recognize the
aforementioned complexity and challenges, and have fully involved themselves to
support the expeditious completion of the French Valley Parkway / Interstate-15 Over-
Crossing and Interchange Improvements Project; and
WHEREAS, the Cities of Murrieta and Temecula can protect and significantly
improve the quality of life in Southwest Riverside County through the coordinated
cooperative effort of the local governments; and,
WHEREAS, the Cities of Murrieta and Temecula desire to demonstrate through a
cooperative effort with our fellow local governments the ability to improve the safety of
our citizenry and the traveling public.
NOW, THEREFORE, BE IT RESOLVED that the Temecula City Council and the
Murrieta City Council hereby declare that the French Valley Parkway / Interstate-15
Over-Crossing and Interchange Improvements Project is one of the most important
transportation projects in Southwest Riverside County and with the continued support of
United States Congressman Darrel Issa, California Assemblymen Kevin Jefferies, and
Riverside County Supervisor Jeff Stone commit to work cooperatively to insure the
timely delivery of this essential addition to the regional transportation network.
PASSED, APPROVED AND EFFECTIVE on the
day of
, 2007.
Attest:
Douglas R. McAllister, MAYOR
Kay Vinson, CITY CLERK
City of Murrieta
Approved as to Form:
Leslie E. Devaney, CITY ATTORNEY
City of Murrieta
I, A. Kay Vinson, City Clerk of the City of Murrieta, California, DO HEREBY
CERTIFY that the Resolution was duly and regularly adopted by the City Council of
the City of Murrieta, California, at a meeting thereof held on the day of
2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Murrieta,
California, this day of 2007.
Kay Vinson
City Clerk of the City of Murrieta
I~-- .
,
II
ITEM NO.6
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
11/2
00...-
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
John Meyer, Redevelopment Director
DATE:
September 25, 2007
SUBJECT:
License Agreement for the TEAM Community Pantry
RECOMMENDATION:
That the City Council:
1. Approve a First Amendment to the License Agreement between the City of
Temecula and the Global Community Foundation to terminate the Agreement
2. Approve the License Agreement between the City of Temecula and the
TEAM Community Pantry to maintain a modular office building and storage
containers at the Temecula Community Center in a monthly amount of $1,100
($13,200 annually).
BACKGROUND: On September 12, 2006, the City of Temecula entered into a License
Agreement with the Foundation to establish an interim facility which enabled the Team Community
Pantry (Pantry) to continue to serve the community. This was an interim solution while the
Foundation and the City worked together to establish a permanent facility. The Foundation will no
longer be able to assist in this effort. Therefore, it is necessary to terminate the existing Agreement
with the Foundation and replace it with an Agreement with the Pantry.
The Agreement with the Pantry will allow for the modular unit to remain at the Temecula Community
Center location for 18 months. This will allow the Pantry to continue to provide services to the local
community.
The City will continue to work on the relocation and rehabilitation of the Escallier House and Barn.
The City Council has approved a master site plan for the buildings and City staff is working on the
plans for the buildings' rehabilitation. It is anticipated that the buildings will be relocated and the
rehabilitation work will begin in early 2008.
FISCAL IMPACT: The term of the license agreement includes a $1,100 per month rental
payment from the Pantry to the City of Temecula. This payment will cover the City's cost of the
modular building's lease. The Pantry will pay for all utilities.
ATTACHMENTS:
First Amendment
License Agreement
FIRST AMENDMENT TO LICENSE AGREEMENT
BETWEEN THE CITY OF TEMECULA AND GLOBAL
COMMUNITY FOUNDATION FOR USE OF CITY
PROPERTY
THIS FIRST AMENDMENT is made and entered into as of September 11, 2007 by
and between the City of Temecula, a municipal corporation ("City") and Global Community
Foundation, a California non-profit corporation ("Licensee"). In consideration ofthe mutual
agreements contained herein, the parties agree as follows:
1. Recitals. This First Amendment is made with respect to the following facts
and for the following purposes, which each of the parties hereto acknowledge as true and correct:
A On September 12, 2006, the City and Licensee entered into that certain
"License Agreement Between the City of Temecula and Global Community Foundation for Use
of City Property" ("License Agreement").
B. Licensee has lost its funding for the development of the project
contemplated for the Subject Property and is unable to fulfill the ternlS of the License
Agreement.
C. TIle parties therefore desire to ternlinate the License Agreement.
2. Termination of License Agreement. The parties hereby terminate the License
Agreement as of August 31, 2007 provided that the ternlS of Paragraph 5, Liens, and Paragraph
7, hldemnification, shall survive ternlination of the License Agreement for any such actions of
the Licensee that occurred or should have occurred on or before August 31, 2007.
3. Modular Building. As part ofthe License Agreement, Licensee entered into a
lease for the modular building on the Subject Property. Licensee agrees to take whatever actions
are necessary to transfer this lease to the City. The City Council approves the transfer of the
lease from the Licensee to the City and authorizes and directs the City Manager to enter into
such agreements as are necessary to effectuate this transfer.
4. Internretation. Each party had the full opportunity to participate in the drafting of
this First Amendment and, therefore, this First Amendment shall not be interpreted against any
party on the ground that the party who drafted the First Amendment or caused it to be prepared.
5. Authoritv to Enter Into First Amendment. Each person signing below personally
warrants and represents to the City that the Licensee has approved this First Amendment, intends
to be bound by its ternlS and that they are duly authorized to execute this First Amendment on
behalf ofthe Licensee.
6. Entire Agreement. TIlis First Amendment and any documents attached hereto or
mentioned herein, contain all ofthe agreements ofthe parties regarding terms set forth in this
C' \ WINDOWSlapsdoc\nettemp\25121$ASQpdf85 84 77 .DC(JC
First Amendment, and no prior agreement or understanding pertaining to any such matter shall
be effective for any purpose.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe
date first above written.
GLOBAL COMMUNITY FOUNDATION,
a California Non-Profit Corporation
By:
Name:
Title:
By:
Name:
Title:
C' \ WINDOWSlapsdoc\nettemp\25121$ASQpdf85 84 77DQlC
CITY OF TEMEClTLA
Chuck Washington
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter M. 11lOrson
City Attomey
C' \ WINDOWSlapsdoc\nettemp\25121$ASQpdf85 84 77D@lC
LICENSE AGREEMENT BETWEEN THE CITY OF
TEMECULA AND TEAM COMMUNITY PANTRY FOR
USE OF CITY REAL PROPERTY
THIS LICENSE AGREEMENT is entered into by and between the City of Temecula, a
municipal corporation ("City") and TEAM Community Pantry, a Califomia non-profit
corporation ("Licensee") and is made as of September 25, 2007. In consideration ofthe mutual
agreements contained herein, the parties hereto agree as follows:
I. Recitals. This Agreement is made with respect to the following facts and for the
following purposes, which each ofthe parties hereto acknowledge as true and correct:
A The City is the owner of certain real property in the City of T emecula
generally known as the Temecula Community Center located at 28870 Pujol Street, Temecula,
Califomia, and identified as Assessor's Parcel Number 922-100-026 (hereafter "Community
Center Site").
B. The Licensee is a non-profit corporation that provides community services for
the Temecula area in the foml ofthe distribution offood, clothing and social services for all
members ofthe T emecula community who may be in need.
C. TIle City is willing to grant this License to Licensee in consideration of and
recognition ofthe community services provided to the community by the Licensee.
D. TIle City and Licensee desire to enter into this Agreement to provide the temlS
and conditions upon which Licensee shall use the portion ofthe Community Center Site
described below.
2. Ri"ht to Use Portion of Communi tv Center Site: Rent.
A City hereby grants a license to Licensee to use the modular building that
portion of the Community Center Site described on Exhibit "A," attached hereto and
incorporated herein (hereafter referred to as "Subject Property") and located on the Subject
Property at the location shown on Exhibit "B," attached hereto and incorporated herein, subject
to the terms and conditions ofthis Agreement.
B. City shall install a temporary modular building that is approximately 1,400
square feet at the location shown on Exhibit "B". Said temporary modular building shall not
exceed a width oftwenty-four feet (24'), a length of six1:y-four feet (64') and a height of fourteen
feet (14').
C. Licensee shall pay rent to the City in the amount of one thousand dollars
($1,100.00) per month payable in advance on the first business day of each month.
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 1
3. Tenn of License to Use Communitv Center Site.
A Duration. The T enn ofthis Agreement shall be two years, commencing on
September 1, 2007 and ending on August 31, 2008, subject to the eJ\.iension of the tenn as
provided in Subsection 3.c.
B. Right to Tenninate Agreement. Either party may tenninate this Agreement
for any reason by providing a siJ\.iy (60) day written notice oftennination to the other party at the
addresses shown in Section 12, below.
C. Notice of Desire to EJ\.iend Tenn. On or before June 1, 2008, Licensee shall
give written notice to the City at the address shown in Section 12, below of Licensee's desire to
further eJ\.iend the Term of this Agreement for one (1) additional year through August 31, 2009.
The Term shall be eJ\.iended for one (1) additional year through August 31,2009 only if such
eJ\.iension is approved by the City Manager in writing. Nothing in this section shall be constmed
as an obligation of City to eJ\.iend the Tenn, nor shall it be constmed as granting Licensee any
option to eJ\.iend the Tenn, regardless of whether or not Licensee provides the notice described
herein.
4. Resnonsibilities of the Parties. Licensee may place roll-off storage container(s), not
to exceed 400 square feet total, adjacent to the temporary modular building at its sole cost and
expense. Between November 1 ~t and January 7th the Licensee will be allowed to locate a
refrigerated trailer for purposes of storing perishable goods. Licensee shall obtain all applicable
pennits and approvals from the City of Temecula for this storage container. Licensee shall
maintain the temporary modular building, storage container, trailer, and surrounding area in a
neat and clean condition.
5. Liens. Licensee shall not directly or indirectly create or pennit to be created or to
remain any mortgage, lien, encumbrance, charge or pledge ofthe Subject Property. Licensee
shall defend, indemnify and hold City harmless, pursuant to Section 7, below, from any liens that
may attach to the Community Center Site or to the Subject Property arising from the use of the
temporary modular building for the operation of the TEAM Community Pantry.
6. Return ofthe Pronertv. Upon termination ofthis Agreement, Licensee shall remove
the temporary modular building from the Subject Property at its sole cost and return the Subject
Property in as good a condition and repair as the Subject Property existed as of the date ofthis
Agreement.
7. Indemnification. Licensee shall defend, indemnify, assume all responsibility for and
hold the City, Temecula Community Services District and Redevelopment Agency its officers,
officials, agents, employees and volunteers ("Indemnified Parties"), harnlless from all costs
(including attorneys fees and costs), claims, demands, mechanics liens, liabilities or judgments
for injury or damage to property and injuries to persons, including death that may be caused by
any ofthe actions or inactions ofthe Licensee or users ofthe Subject Property or that may result
from the Licensee's use of the Subject Property, whether such actions or inactions or use by
Licensee or any person directly or indirectly employed or contracted with by Licensee and
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 2
whether such action shall accme or be discovered before or after tennination ofthis Agreement.
TIlis section shall survive tennination ofthis License Agreement.
8. Insurance Reouirements. Licensee shall procure and maintain for the duration ofthe
contract insurance against claims for injuries to persons or damages to property that may arise
from or in connection with the performance of the work hereunder by the Licensee, its agents,
representatives or employees.
A Minimum Scone of Insurance. Coverage shall be at least as broad as the
following coverages and any updated industry standard policies:
I) Insurance Services Office Commercial General Liability coverage
(occurrence form No. CG 00 0111 85 or 88).
2) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
B. Minimum Limits ofInsurance. Licensee shall maintain limits no less than:
I) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury, and property damage for Licensee or its tenant (or assigns). If Commercial General
Liability Insurance or other form with a general aggregate limit is issued, either the general
aggregate limit shall apply separately to the Subject Property or the general aggregate limit shall be
twice the required occurrence limit.
2) Worker's Compensation as required by the State of California.
C. Deductibles and Self- Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Director of Finance. At the option ofthe
Director of Finance, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, agents, employees or volunteers, or the
Licensee shall procure a bond guarantee payment oflosses and related investigations, claim
administration and defense expenses.
D. Other Insurance Provisions. TIle general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
I) TIle Indemnified Parties (as defined in Section 7) shall be covered as
insured's as respects: liability arising out of activities performed by or on behalf ofthe Licensee;
products and completed operations of the Licensee; premises owned, occupied or used by the
Licensee; or automobiles owned, leased, hired or borrowed by the Licensee. The coverage shall
contain no special limitations on the scope of protection afforded to the Indemnified Parties.
2) For any claims related to the Licensee's use ofthe Subject Property, the
Licensee's insurance coverage shall be primary insurance as respects the Indemnified Parties. Any
insurance or self-insured maintained by the Indemnified Parties shall be in excess ofthe Licensee's
insurance and shall not contribute with Licensee's insurance.
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 3
3) Any failure to comply with reporting or other provisions ofthe policies
including breaches of warranties shall not affect coverage provided to the Indemnified Parties.
4) TIle Licensee's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits ofthe insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to
state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to
mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is cancelled or, reduced in coverage or in limits
the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify
the City via certified mail, return receipt requested ofthe changes to or cancellation ofthe policy.
7) Accentabilitv of Insurers. Insurance is to be placed with insurers
with a current AM. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self-insurance shall not be considered to comply with these insurance requirements.
8) Verification of Coverage. Licensee shall furnish the City with
original endorsements effecting coverage required by this clause. The endorsements are to be
signed by a person authorized by that insurer to bond coverage on its behalf TIle endorsements
are to be on fornls provided by the City. All endorsements are to be received and approved by the
City before Licensee begins to use the Subject Property. As an alternative to the City's fornls, the
Licensee's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
9. Assignment and Subletting. Licensee shall not assign its interest in this Agreement or
in the Subject Property to any person or entity without first obtaining the City Manager's written
consent. Any assignment without the City Manager's prior written consent shall be voidable
and, at the City Manager's election, shall constitute a default.
10. Use Restrictions. Licensee agrees to maintain the Subject Property in a clean and
neat condition, free and clear of garbage, weeds, and debris. No dumping, storage of hazardous
or toxic waste, nor the maintenance of any nuisance, public or private, shall be pernlitted.
License shall be responsible for all maintenance ofthe Subject Property, except for such
maintenance as may be undertaken by the City in its discretion.
II. Utilities. Licensee shall pay for all utility costs incurred on the Subject Property for
the periods when Licensee is using the Subject Property.
12. Notice. Any notices which either party may desire to give to the other party under
this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery
by a reputable document delivery service, such as but limited to, Federal Express, that provides a
receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth
below or at any other address as that party may later designate by written notice to the other
party:
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 4
City:
CITY OF TEMECLTLA
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
Licensee:
TEAM Community Pantry
28870 Pujol Street
Temecula, CA 92589
13. Legal ResDonsibilities: Non-Discrimination. The Licensee shall keep itself informed
of alllocaJ. State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the perfornlance of its services described in this Agreement.
As required by law, the Licensee hereby covenants that there shall be no discrimination against
or segregation of any person or group of persons, on account of any basis listed in subdivision (a)
or (d) of Section 12955 ofthe California Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (I) of subdivision (p) of Section 12955,
and Section 12955.2 ofthe California Government Code, in the use, occupancy, tenure or
enjoyment of the Subject Property or operations ofthe activities thereon, nor shall the Licensee
establish or pernlit any such practice or practices of discrimination or segregation. TIle Licensee
shall at all times observe and comply with all such ordinances, laws and regulations. TIle City,
and its officers and employees, shall not be liable at law or in equity occasioned by failure ofthe
Licensee to comply with this section.
14. Taxes. Licensee shall pay any possessory interest taxes, and general and special
assessments, if any, which may levied against the modular building described at Section 2 above
as a result of Licensee's use ofthe Subject Property.
15. Internretation. Each party had the full opportunity to participate in the drafting of this
Agreement and, therefore, the Agreement shall not be interpreted against any party on the ground
that the party drafted the Agreement or caused it to be prepared.
16. Authoritv to Enter Into AQ:feement. Each person signing below personally warrants
and represents to the City that the Licensee has approved this License, intends to be bound by its
ternlS and that they are duly authorized to execute this License Agreement on behalf ofthe
Licensee.
17. Entire AQ:feement. TIlis Agreement and any documents attached hereto or mentioned
herein, contain all ofthe Agreements of the parties regarding the Subject Property, and no prior
agreement or understanding pertaining to any such matter shall be effective for any purpose.
18. Amendments. No provision ofthis Agreement may be anlended except by the written
agreement of both parties.
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date
first above written.
TEAM Community Pantry,
a California Non-Profit Corporation
By:
Name:
Title:
By:
Name:
Title:
CITY OF TEMEClTLA
Chuck Washington
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 6
EXHIBIT "A"
DESCRIPTION OF SUBJECT PROPERTY
The portion of the Temecula Community Center Site that is the subject ofthis License
and referenced in Paragraph 2 ofthis Agreement consists of an approximate 1,400 square foot
area of the southern portion of the real property owned by the City of Temecula located at 28816
Pujol Street, Temecula, California, 92590 and identified as Assessors Parcel Number 922-100-
026.
TIle Subject Property is depicted on Exhibit "B" hereto.
A-I
EXHIBIT B
DEPICTION OF SUBJECT PROPERTY AND LOCATION OF MODULAR BUILDING
B-1
I~-- .
,
II
ITEM NO.7
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
11/2
(JQ...,
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public Works
DATE:
September 25, 2007
SUBJECT:
First Amendment to the Non-Exclusive Purchase Agreement for the Traffic
Signal Installation for the Traffic Signal @ Rancho California Road and Business
Park Drive, West; Project No. PW07-02
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
Scott Harvey, Associate Engineer
RECOMMENDATION: That the City Council approve the First Amendment with McCain
Traffic Supply, Inc. to provide a Traffic Signal Controller, Cabinet and Battery Back-Up System for
the Traffic Signal Installation at Rancho California Road and Business Park Drive West, Project No.
PW07-02, for an amount not to exceed $12,053.99 and authorize the Mayor to execute the
amendment.
BACKGROUND: This project will be installing an eight phase traffic signal at the
intersection of Rancho California Road & Business Park Drive, West. There will also be a flashing
beacon installed west of the intersection to alert motorists of the traffic signal when traveling east on
Rancho California Road from the De Luz area.
On August 14, 2007, City Council authorized the solicitation of construction bids forthe construction
of the Traffic Signal at Rancho California Road and Business Park Drive West. Staff will be
advertising for construction bids shortly, with the stipulation that the City supply the Contractor with
specific traffic control equipment. On August 30,2007, a Non-Exclusive Purchase Agreement was
executed with McCain Traffic Supply, Inc. to procure traffic signal poles and equipment in the
amount of $28,262.83 for this project. Staff is recommending that this agreement be amended to
include the procurement of the Traffic Signal Controller, Cabinet and Battery Back-Up System due to
their long lead times. By ordering this equipment now, we are able to cut the overall schedule for
the installation of this traffic signal project.
FISCAL IMPACT: The Traffic Signal Installation at Rancho California Road and
Business Park Drive West, Project PW07-02, is a Capital Improvement Project funded through
Development Impact FeeslTraffic Signals. Adequate funds are available in Account No. 210-165-
673-5804 to cover the purchase agreement in the amount of $28,262.83 plus the first amendment
amount of $12,053.99 for a total purchase amount of $40,316.82.
ATTACHMENTS:
1. Signal Location Map
2. Project Description
3. First Amendment
~
~
(j)
~
0
~ "'-
~
~
4.
-
~
0
u.
:i
4.
0
0
~ /
0
~
~
\
Z ~
0
-
'4.
~
t;
~t;
-;iU1
Z~
C)uI
(j)2.
o~ ""
_0 'q,,;;
u.lG
~~ "<1;",
~4.
~ 1-0-
~
~
C
>4 ..
i.-< ? ~. .~~
.~
U \:-'
;:; ~ a
C '"
.~
~ 0
...
l><
;~
.~.
f.'I;;.
.'~.
:~.
.~.,
.~
~
b
~
~
....
]
dZ
!l
'"
~
~
1:1
o
'"
t
g.
1
.~
'"
u
S
g
oJ)
~
::l
'0
.S
>.
...
U
" oJ
-5 ~
;:; 1:1
..8 .9
~~
.J:l "
- ~
'"
1:1.-'<
.9 i3:
~~
o "
-:~
::l"d
'g ~
:>-;3
~ g
"''''
010\
61,<--
.~ "
"';:;
u 0
.~ Iii r:;
1a~~
::J"ai'"
2+'>.-"'(j
U.E~
;;;.;
~
o
~
I
u
I
Z
S
E-<
g
'"
~
~
es
....
<Zl
i
ai
:a
E-<
tl
"
'0'
...
~
cP
~ @
E-<'l:l
ll'~
'_ u
" '"
... "
~~
.~
u
"
-;3
;:;
~
~
'"
01
,@>
'"
u
S
'"
j;;
'<-<
o
1:1
.9
~
-
'"
1:1
o
u
"d
!iJ
61,
.~
'"
"
"d
"
-;3
..g
.El
u
.!:l.S
!SS
~. ~
-
C) 0
.~ "
:o.~
.'" 8
1'4'1'4
ij
"
..~
I~
01 "
l:l l:l.
" "
~~
i
U
Jj
;:;
o
-El
::l
]
-
6
.~
g
.!:1
"
1
~
<2l
'"
'"
i
~
8
.~
::::10
.~ 8
g~
'"
.~ <-f
l>'\'fA
-tZ
~
U
't
"
'S
...
~~
5 1Q
~E-<
..
" ~
E-<_
.. Cl.
'" e
" "
Uu
0000
0000
0000
l()" 0" Ov-l
\0 \0 l.() t"--
.- N ,....., V)
N N
Eoo"7 fi!::~€A-
0000
NOOOO
'70000
~ g ~g~1
€.A EA &q. EA-
I
0000
P"!:oooo
~oooo
<= 0"0"00
...-IN\ONO
0= '" ""
M
€A- EA fA GA
0000
=8888
~ 0"0"0"'0"
er.. N 1.0 NO
~ M -.:t
M
€A GA EA- €A-I
_0000
0=..., 0 0 0 0
10000
00 6' d' 0'" 0'"
CN\O<"'lO
0= '" ""
M
'" '" '" "'I
oogggg
co"ooo
r.!. I.{) o"'Oltl"
<= o:::t 0 ("I')t'--
0= \0 \0
M
EA- EfT GA GA
~~
01 01
.~ ~
-<i:S
<:i
o
.~ 8
j:j 'jj
rn U
-s ;:l
~ ~ .~~
p '" ...
o " 0
-<i: u 0 E-<
'1
00
00
00
tt)" vi
t--<--
"1.'"
'" ",.
'" '"
'"
01
6h
i:I3
"
~
E-<
...
t-
II
,
.Q ~
- "
~ ~
g g
<l: S'
- ..
... i?f
o ~.....
og"d
O. [ s
'" 0 ~
N..,..;...(
~ 01
:>1) :P
<flOE-<
i
0."
0.'"
1
.)?J=
~'r..
o~
f ~
~ g
ro.rn
FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
MC CAIN TRAFFIC SUPPLY, INC.
TRAFFIC SIGNAL INSTALLATION
RANCHO CALIFORNIA ROAD AT BUSINESS PARK DRIVE, WEST
PROJECT NO. PW07-02
THIS FIRST AMENDMENT is made and entered into as of September 25, 2007 by and
between the City of Temecula, a municipal corporation ("City") and McCain Traffic Supply,
Inc., ("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 August 30, 2007 the City and Vendor entered into that certain
agreement entitled "City of Temecula Agreement for the purchase of traffic signal poles
("Agreement") in the amount of Twenty Eight Thousand Two Hundred Sixty Two Dollars
and Eighty Three Cents ($28,262.83).
B. The parties now desire to increase the payment amount for the additional
purchase of a traffic signal control box, cabinet and battery back-up system in the amount of
Twelve Thousand Fifty Three Dollars and Ninety Nine Cents ($12,053.99) and amend the
Agreement as set forth in this Amendment.
2.
follows:
l:?ection 2. Purchase Price of the Agreement is hereby amended to read as
a. The Purchase Price, which City agrees to pay to Vendor for the
Merchandise, will be as quoted in Exhibit A, Description of Merchandise,
with an annual not to exceed amount of Twenty Eight Thousand Two
Hundred Sixty Two Dollars and Eighty Three Cents ($28,262.83) for
the total term of the agreement. Vendor will submit invoices monthly for
actual merchandise ordered and received. Invoices shall be submitted
between the first and fifteenth day of each month for merchandise
delivered and received. Payment shall be made within thirty (30) days of
receipt of the invoice as to all non-disputed fees. If the City disputes any
of the Vendor's fees, it shall give written notice to the Vendor within thirty
(30) days of receipt of the invoice of the disputed fees on the invoice.
The not to exceed purchase amount listed herein is an estimated
expenditure and this agreement does not guarantee Vendor this amount
in purchases. The First Amendment amount shall not exceed Twelve
Thousand Fifty Three Dollars and Ninety Nine Cents ($12,053.99) for
the purchase of a traffic signal controller, cabinet and battery back-up
system for a total agreement amount, of Forty Thousand Three
Hundred Sixteen Dollars and Eighty Two Cents ($40,316.82).
3. Exhibit B to the Agreement is hereby amended by adding thereto the items 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
VENDOR
McCain Traffic Supply, Inc.
2365 Oak Ridge Way
Vista, CA 92081-8495
(760) 734-5057
FAX: (760) 727-8184
Bill Brown, Vice President
Terri Schaefer, Controller
(Two Signatures Required For Corporations)
ATTACHMENT A
MC CAIN TRAFFIC SUPPLY, INC.
TRAFFIC SIGNAL INSTALLATION
RANCHO CALIFORNIA ROAD AT BUSINESS PARK DRIVE, WEST
PROJECT NO. PW07-02
Attached hereto and incorporated herein is the additional scope of work for the traffic signal
controller, cabinet and battery back-up system and associated cost as provided by the Vendor.
. """'1IIl ,.. ..
,','_.,'..,','..../.-.....-..,,",.,..,.-.-.-.-.-.-.-.
~"?i:'.,,. c"a, n
Attn: Scott Harvey
Via E-Mail
Performance Driven
QUOTATION
Quote #:
Agency:
Job Name:
Bid Date:
Estimator: Leanne Arnold
KX081307LA1 PH. (760)734-5057
TEMECULA FX. (760)727-8184
RANCHO CAL RD @ BUSINESS PARK/RIDGE PARK DR
08.13.07
Bid Item
Qnty Description
332 Anodized Cabinet
Equipped as follows:
Corbin Locks, Drawer/Shelf
Fluorescent Lamp Kit, 1 Light, 2 Switch
HOE ControllerW/412C Prom Module & BiTran 233 Program
210 EDI Conflict Monitor
Price Extension
$8,302.00 $8,302.00
400 Modem W/C-2 Cable
(12) 200 Loadswitch
(12) EDI 222 Detector
Cabinet Print & Certificate of Compliance
(4) 3/4" X 18" X 4" Anchor Boits
(Includes Technical Support)
1
Dimension BBS inverter (DUI-24Y11) $2,885.00
BBS Combo Bypass Switch (DUI 622142-001 Open Back)
(4) BBS Battery 12VDC, 79AH
27 X 24 X 8 Battery Cabinet, Anodized
Lead Time 45-60 Days ARO
FOB Destination, Freight Allowed
$2,885.00
7.75% Sales Tax
Reference Total
$866.99
$12,053.99
Prices firm for 30 days. Freight included. Add sales tax.
Sale is subject to McCain's standard terms and conditions.
The information transmitted is intended only for the person or entity to which it is addressed and may
contain confidential and/or legally privileged material. Any review, retransmission, dissemination or
other use of, or taking of any action in reliance upon, this information by persons or entities other
than the intended recipient is prohibited. ,
I~-- .
,
II
ITEM NO.8
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
l1il
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Herman Parker, Director of Community Services
DATE:
September 25, 2007
SUBJECT:
Amendment NO.1 to Verizon Cable Franchise
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULAAPPROVING AND AUTHORIZING THE EXECUTION
OF AMENDMENT NO. 1 TO THE NONEXCLUSIVE CABLE
FRANCHISE AGREEMENT BETWEEN THE CITY AND VERIZON
CALIFORNIA INC.
BACKGROUND: On June 27, 2006, the City Council approved a cable franchise with
Verizon California, Inc. ("Verizon") to provide cable television services within the City of Temecula.
Verizon is the primary provider of residential telephone service within the City. At the time Verizon
sought a cable franchise from the City, it was in the process of upgrading its existing
telecommunications facilities in the City by installing a state-of-the-art Fiber-to-the-Premises
Telecommunications Network ("FTTP Network"). The FTTP Network will utilize fiber-optic cables
and associated optical electronics instead of copper wire to connect customers to the Verizon
network. The FTTP Network uses laser-generated pulses of light to transmit voice, data and video
signals via the fiber at speeds and capacities far exceeding today's copper-cable systems.
Verizon provides telecommunications services within the City through four wire centers:
1. Temecula wire center
2. Murrieta wire center
3. Redhawk wire center
4. Rancho California wire center
The Rancho California wire center is the largest of the four centers and provides service to the most
residential units. Exhibit A of the Franchise designates the territories serviced by the Temecula,
Murrieta, and Redhawk wire centers as the "Initial Service Area" and the Rancho California wire
center as servicing the "Extended Service Area". Per the Franchise, Verizon is required to begin
offering cable television services to residential areas within the Initial Service Area with 18 months of
the Effective Date (July 11 , 2006) and to residential areas within the Extended Service Area within
24 months of the effective date.
Actual deployment of the FTTP Network has or is occurring in the Redhawk, Murrieta and Rancho
California wire center areas and will be completed and operational within the 18 month timeframe.
The Temecula wire center will be completed and operational within 27 months of the effective date
of the Franchise. Verizon is requesting an amendment to the Franchise, making the Rancho
California wire center part of the Initial Service Area and making the Temecula wire center part of
the Extended Service Area. Verizon is also asking that the timeframe for the completion of the
Extended Service Area be increased from 24 to 27 months for deployment of services in the
Extended Service Area. Verizon estimates there are 8,518 residences serviced by the Rancho
California wire center and 323 residences serviced by the Temecula wire center.
The Amendment also provides revisions to the Annual EG Grant and Future City Facilities sections
of the Franchise. The proposed Amendment modifies the calculation for the EG Grant to be
consistent with the new state law. It also ensures that Verizon will provide free of charge the cable
infrastructure and ongoing cable service to the future City facilities listed in Exhibit B.
Approval of this item will allow the orderly deployment of the FTTP Network and cable services
provided by Verizon to the citizens of Temecula. Almost 8,200 more residents will have earlier
access to Verizon FTTP Network services and products than would under the existing Franchise.
All City residents will have access to those services and products no later than 27 months after the
Effective Date of the Franchise.
FISCAL IMPACT: There is no fiscal impact associated with the granting of the Franchise
amendment. However, the City will receive five percent (5%) ofVerizon's gross revenues for cable
services as such services are provided in the City. Cable franchise fees from both Franchisees,
Time Warner and Verizon, are budgeted at $604,000 for fiscal year 07/08.
ATTACHMENTS:
Resolution
Amendment NO.1 to Franchise Agreement
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO THE
NONEXCLUSIVE CABLE FRANCHISE AGREEMENT
BETWEEN THE CITY AND VERIZON CALIFORNIA, INC.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. This resolution is adopted in consideration of the following facts and
circumstances:
A. The City and Verizon California, Inc. ("Franchisee") are parties to
that certain Cable Franchise Agreement dated July 11, 2006 ("Franchise Agreement")
that authorizes Franchisee the right to own, construct, operate, and maintain a Cable
System in the franchise area designated in the Franchise Agreement.
B. City and Franchisee desire to amend the Franchise Agreement to
modify the respective rights and obligations of the parties, as specified in Amendment
NO.1 that is attached to this Resolution.
Section 2: That certain Amendment NO.1 to Cable Franchise Agreement in
the form presented to the City Council at this meeting is approved, and the Mayor is
authorized and directed to execute that document on behalf of the City following its
execution by the Franchisee.
Section 3: The City Clerk is directed to transmit a certified copy of this
resolution to: Mr. Tim McCallion, President, Pacific Region, Verizon California, Inc., 112
Lakeview Canyon Road, Thousand Oaks, California 91362.
Section.4: The City Clerk is directed to certify to the passage and adoption of
this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
AMENDMENT NO.1 TO CABLE FRANCHISE AGREEMENT
This AMENDMENT NO.1 TO CABLE FRANCHISE AGREEMENT ("Amendment") is
entered into this day of ,2007 by the City of Temecula, a municipal
corporation duly organized under the applicable laws ofthe State of California (the "City"), and
Verizon California Inc., a corporation duly organized under the applicable laws ofthe State of
California ("Franchisee"), with respect to the following recitals offact:
A. City and Franchisee are parties to that certain Cable Franchise Agreement dated
July 11, 2006 (the "Franchise Agreement") that grants to Franchisee the right to own, construct,
operate and maintain a Cable System in the Franchise Area designated in the Franchise
Agreement. Capitalized ternlS used herein and not otherwise defined shall have the meanings
assigned to those ternlS in the Franchise Agreement.
B. City and Franchisee desire to amend certain provisions of the Franchise
Agreement to modify the respective rights and obligations of the parties.
NOW THEREFORE, in consideration ofthe mutual promises contained herein, the
parties agree as follows:
1. Amendment of Section 3.1.2. Section 3.1.2 ("Ex1:ended Service Area") ofthe Franchise
Agreement is anlended to read as follows:
"3.1.2. Extended Service Area: Within twenty seven (27) months following the Service
Date, Franchisee shall provide Cable Service to all residential areas in the Ex1:ended
Service Area subject to the conditions of Section 3.1.1 above and other terms set forth
herein. Provided, however, that the Ex1:ended Service Area boundaries may be modified
in whole or in pat by Franchisee by demonstration to City that it would be technically or
economically infeasible to serve an area within the Ex1:ended Service Area."
2. Renlacement of Exhibit A. Exhibit A to the Franchise Agreement is hereby replaced
with Exhibit A attached hereto, which modifies the Initial Service Area and the Ex1:ended Service
Area.
3. Amendment to Exhibit B. TIle tex1: under the heading "Future City Facilities" in Exhibit
B ("Municipal Buildings to be Provided Free Cable Service") is anlended in its entirety to read
as follows:
"Franchisee shall provide, without charge, one service outlet activated for Basic Service
to the following municipal buildings, which are planned or under construction:"
4. Amendment to Exhibit C. Paragraph D of Exhibit C ("Support of Local Cable Usage") is
amended in its entirety to read as follows:
"D. Support of Local CaMe Usage:
1. Franchisee shall provide an annual grant to the City to be used in support
ofthe production of local EG programming (the "Annual EG Grant"). Such grant shall
be used by City ofthe EG access equipment, including, but not limited to studio and
portable production equipment, editing equipment and program playback equipment, for
renovation or construction of EG access facilities.
2. The Annual EG Grant provided by Franchisee hereunder shall not exceed one
percent (100) ofthe Franchisee's Gross Revenue as defined in Section 1.18. The actual
percentage amount and the commencement date to begin collection ofthe Annual EG
Grant will be deternlined by the Temecula City Council. City shall give the Franchisee
six1:y (60) days prior written notice before requiring payments under this section. TIle
Annual EG Grant payment, along with a brief summary of the Subscriber infornlation
upon which it is based, shall be delivered to City within six1:y (60) days after the
beginning of each calendar year during the Franchise Term. Franchisee's obligation to
pay the Annual EG Grant is contingent on all other cable operators providing EG support
on the sanle percentage of Gross Revenue basis
3. TIle City shall provide Franchisee with a complete accounting annually of the
distribution of funds granted pursuant to this Section."
5. No Imnlied Modifications. The parties confirm that, except as specifically set forth in
this Anlendment, all of the ternls, covenants, and conditions set forth in the Franchise Agreement
remain unmodified and in full force and effect.
6. Entire AQfeement. This Amendment and the attached Exhibit A supersede all prior or
contemporaneous agreements, representations or understandings ofthe parties regarding its
subject matter. This Amendment shall not be modified except by written instrument executed by
both parties.
7. Binding Accentance. TIlis Anlendment shall bind and benefit the parties and their
respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and
assigns.
TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Anlendment to be
executed by its duly authorized representative on the date set forth below the authorized
signature.
APPROVED AS TO FORM:
CITY OF TEMECULA
Peter M. TIlOrson
City Attorney
Chuck Washington
Mayor
Date:
ATTEST:
Susan W. Jones, MMC
City Clerk
VERIZON CALIFORNIA INC.,
a California corporation
By:
Tim McCallion,
President
Date:
EXHIBITS
Exhibit A: Service Area Map
Exhibit B: Municipal Buildings To Be Provided Free Cable Service
EXHIBIT A
- SERVICE AREA
MAPS
~
" ~
.r= ~
_ 0
~-
0=
-~
Q.U
~ -
::;:.!l!
~ ~
" u
~ "
..: E
,,~
u
--
<: 0
~.~
U
z ..;{
""'lI
.
~
N~
~
o
.
.
~
,
~
o
~f
,
.' -
.i!~ :
;I~ h
mH
;ill: i I
~a:... ..
..
~ 0
EXHIBIT B
MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE
Pursuant to Section 3.3 of this Agreement, Franchisee shall provide, without charge, one service
outlet activated for Basic Service to the following buildings used for municipal purposes.
Citv Facilities:
D City Hall
43200 Business Park Drive
D F i el d Operati ons Center
43230 Business Park Drive
D Temecula Public Library
30600 Pauba Road
D Community Recreation Center
30875 Rancho Vista Road
D Patricia H. Birdsall Sports Park (fornlerly Wolf Creek Sports Complex)
31621 Deer Hollow Way
D Mary Phillips Senior Center
41845 6th Street
D Temecula Community Center
28816 Pujol Street
D Temecula Valley Museum
28314 Mercedes Street
D Imagination Workshop, The Temecula Children's Museum
42081 Main Street
D Old Town Temecula Community Theater
42051 Main Street
D Harveston Community Park - Community Building
28582 Harveston Drive
D Fire Station No. 12
28330 Mercedes Street
D Fire Station No. 73
27415 Enterprise Circle West
D Fire Station No. 84
30650 Pauba Road
D Overland Administrative Center
32364 Overland Trail
D Wolf Creek Fire Station
32211 Wolf Valley Road
D Temecula Police Department/Southwest County Detention Center
30755-A Auld Road
D Old Town Police Sub-Station
28410 Old Town Front Street, Suite 105
D Promenade Mall Police Sub-Station
40820 Winchester Road, Suite 1870
Temecula Vallev Unified School District Facilities:
D District Office
31350 Rancho Vista Road
D Maintenance and Operations/Transportation
40516 Roripaugh Road
D Chaparral High School
27215 Nicholas Road
D Great Oaks High School
32555 Deer Hollow Way
D Rancho Vista High School
31340 Rancho Vista Road
D Temecula Valley High School
21555 Rancho Vista Road
D Erle Stanley Gardner Middle School
45125 Via Del Coronado
D James L. Day Middle School
40775 Camino Campos Verdes
D Margarita Middle School
30600 Margarita Road
D Temecula Middle School
42075 Meadows Parkway
D Vail Ranch Middle School
33340 Camino Piedra Rojo
D Abby Reinke Elementary School
43799 Sunny Meadow Drive
D Helen Hunt Jackson Elementary School
32400 Camino San Dimas
D Crowne Hill Elementary
33535 Old Kent Road
D Paloma Elementary School
42940 Via Rami
D Pauba Valley Elementary School
22125 Regina Drive
D Rancho Elementary School
31530 La Serena Way
D Redhawk Elementary School
32045 Camino San Jose
D Sparkman Elementary School
32225 Pio Pi co Road
D Temecula Elementary School
41951 Moraga Road
D Vail Elementary School
29915 Mira Loma Drive
D Vintage Hills Elementary School
42240 Camino Romo
D Ysabel Barnett Elementary School
39925 Harveston Drive
Countv Facilities:
D Temecula Branch Library
41000 County Center Drive
Future Citv Facilities:
Franchisee shall provide, without charge, one service outlet activated for Basic Service to the
following municipal buildings, which are planned or under construction, if and when the
incumbent cable operator serving the City provides a similar service to that location.
D Roripaugh Fire Station #95
32121 S. Loop Road
D New City Hall
TBD (corner of Main St. and Mercedes St.)
D Young Adult Teen Center
D Expansion ofthe Temecula Community Center
TEMECULA COMMUNITY
SERVICES DISTRICT
I~-- .
,
II
ITEM NO.9
II
,
II
-
.
.
.
I
I
II
II
__. . I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
SEPTEMBER 11, 2007
A regular meeting of the City of Temecula Community Services District was called to order at
7:25 p.m., at the Temecula Duck Pond at 28250 Rancho California Road, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Naggar, Roberts, Washington,
Comerchero
ABSENT:
o
DIRECTORS:
None.
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
10 Minutes
RECOMMENDATION:
10.1 Approve the minutes of August 28, 2007.
11 Financial Statements for the Fiscal Year Ended June 30. 2007
RECOMMENDATION:
11.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007.
12 Securitas Securitv Aareement
RECOMMENDATION:
12.1 Approve an Agreement between the Temecula Community Services District and
Securitas Security Services USA Inc. to provide security services in the amount of
$48,000.
13 Food and Beveraae Sales Aareement with Full Value Entertainment
RECOMMENDATION:
13.1 Approve an agreement with Full Value Entertainment to provide concession
services at the Old Town Temecula Community Theater.
R:\Minutes\091107
MOTION: Director Washington moved to approve the Consent Calendar. Director Edwards
seconded the motion and voice vote reflected unanimous aooroval.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
No reports at this time.
CSD GENERAL MANAGERS REPORT
No reports at this time.
CSD BOARD OF DIRECTORS REPORTS
No reports at this time.
CSD ADJOURNMENT
At 7:27 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, September 25, 2007, at 5:30 p.m. for a Closed Session, with regular session
commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL]
R:\Minutes\091107
2
Ii
-
I.
ITEM NO.1 0
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
/112.
c.kL-
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
September 25, 2007
SUBJECT:
Acceptance of Landscape Bonds and Agreement for Parcel Map No. 23496 -
Auto Mall Landscaped Medians
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION: That the Board of Directors accept the surety bonds and agreement
from I ndemnity Company of California to construct landscaped medians along Ynez Road between
Rancho California and Solana Roads.
BACKGROUND: As a result of the expanding development of the Auto Mall along Ynez
Road a landscaped median will be constructed. The developer has provided Temecula Community
Services District (TCSD) with surety bonds and an agreement to install the landscaping to TCSD's
standards.
Once the landscaping is completely installed and the TCSD has approved the landscape
improvements, staff will recommend the appropriate release or reduction of the submitted bonds. At
that time, TCSD will take over the maintenance responsibilities of the landscaped median
improvements.
The following is information regarding the bonds provided by Indemnity Company of California:
1. Faithful Performance Bond No. 733382S for $26,916.65
2. Labor and Materials Bond No. 733382S for $13,458.32
3. Warranty Bond No. 733382S for $2,691.66
FISCAL IMPACT: None. The cost of construction for the perimeter slope areas and
open space lots will be borne by the developer.
ATTACHMENTS:
Vicinity Map
Agreement/Bonds
~Q
~-?:
"'-'A
D~
-
PROJECT SITE
e
'J\C\Nf{'( M~! @
City Of Temecula
Community Services Department
43200 Business Park Drive. Mailing Address: P.O. Box g033. Temecula, CA 92589-9033
(951) 694-6480. Fax (951) 694-6488 . www.citvoftemecula.o"'.
Date of Agreement: 4. 1 ot -Df
lit\!J!JIm~fn;ftjlflm~ltI[~m~Illl."I.II.I.'.',ll1iIJI13~lil~W!~1'&IfI~tll~~
r Name of Subdivider: I Fehcl+a H nDXlC-(aA rurpora.,non I
I Address of Subdivider (street): .Ll. \ lo '2. ~ \'Y'CU"l1a.r thA Road .::j::\:: I 00
I Address of Subdivider (city, state, zip): 'Temecula, CA q 25Cl: I
I Contact: Yr'ec.i Gnm-es Title: President
Phone Number: (OJ,S i +q \ ~lo30 I Fax Number: PIS)I 4L1. 1-lt:'33 0
I Name of Subdivision:
I t=e{ LC \ --\-Q Fin(YYJd
I Tract No.: I PM 23496
I Parkland/Landscape Improvement Plans No.:
: (Referred to as "Landscape Improvements")
I Estimated Total Cost of Improvements:
Estimated Completion Date:
Referred to as "Completion Date")
- - 'd.~.::''''._gAWi.,.':;''
- 'f'~'TIl,.,: K4~~Jt~!>l .
, "'~'''''?lif~:',;..~~%WI~.
I Name of Surety: .IY\derYlYr t+v Corvtpany OF
I Address of Surety (street) III SO H+ch IS W1-e.
I Address of Surety (city, state, zip): I ~&\IIV'~O:- ~~2S Qrl,(P'd..3
I Contact: .JfJ.j)e\-- S ho. vJ I Title: Sf, Uncfer-v0niLr
I Phone Number: (Bt~ 5S2-Coi2S1 Fax Number: ("'25t$ S'!52-loI3cc,
{'DYDorr:::u-h 0 n
,
c s D....C3~"OD2-'3 - Aut?> Mall
M-el~ ItllllS
$26,916.65
(])(o.30'O"f-
C P L\ vote.~ IA..
'200
I
I
I
I
I
I Faithful Performance Bond
I Labor and Materials Bond
I Bond for Warranty
73 33~~ 5
t 333 '6-d.. S
'133'3 <Z3' a s
13,458.32
2,691.66
1
R:\KITCHELJ\80ndsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
This Agreement is made and entered into by and between the City of
Temecula, California, a Municipal Corporation of the State of California,
hereinafter referred to as CITY, and the SUBDIVIDER.
RECITALS
A. SUBDIVIDER 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."
B. A tentative map of the SUBDIVISION has been approved, subject
to the Subdivision L<;Iws 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.
C. SUBDIVIDER is required, as a condition of the approval of the
tentative map that the Parkland Improvement plans must be completed, in
compliance with City standards, by the Completion Date. The Subdivision Laws
establish as a condition precedent to the approval of a final map, that the
SUBDIVIDER has entered into a secured Agreement with the CITY to complete
the Parkland/Landscape Improvement Plans within the Completion Date.
D. In consideration of approval of a final map for the SUBDIVISION
by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby
promises to install and complete, at SUBDIVIDER'S own expense, all the
Parkland/Landscape Improvement work required by City in connection with
proposed subdivision. Subdivider has secured this agreement by
2
R:\KITCHELJIBonds\06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
Parkland/Landscaping Improvement Security required by the Subdivision Laws
and approved by the City Attorney. The term "Parkland" includes landscape
areas intended to be maintained by the Temecula Community Services District.
E. Complete Parkland/Landscape Improvement Plans for the
construction, installation and completion of the Parkland Improvements have
been prepared by SUBDIVIDER and approved by the Director of Community.
Services. The Parkland Improvement Plans numbered as referenced previously
in this Agreement are on file in the Office of the Director of Community Services
and are incorporated into this Agreement by this reference. All references in this
Agreement to the Parkland Improvement Plans shall include reference to any
specifications for the Improvements as approved by the Director of Community
Services.
F. An estimate of the cost for construction of the Parkland
Improvements according to the Improvement Plans has been made and
approved by the Director of Community Services. The estimated amount is
stated on Page 1 of this Agreement. The basis for the estimate is attached as
Exhibit "A" to this Agreement.
G. The CITY has adopted standards for the construction and
installation of Parkland/Landscape Improvements within the CITY. The
Parkland/Landscape Improvement Plans have been prepared in conformance
with the CITY standards, (in effect on the date of approval of the Resolution of
Approval).
H. SUBDIVIDER recognizes that by approval of the final map for
SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER,
including the right to sell, lease, or finance lots within the SUBDIVISION, and has
taken the final act necessary to subdivide the property within the SUBDIVISION.
3
R:\KITCHELJ\Bonds\06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
As a result, CITY will be damaged.to the extent of the cost of installation of the
Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its
obligation under this Agreement, including, but not limited to, SUBDIVIDER'S
obligation to complete construction of Parkland/Landscape Improvements by the
Completion Date. CITY shall be entitled to all remedies available to it pursuant to
this Agreement and the Subdivision Laws in the event of a default by
SUBDIVIDER. It is specifically recognized that the determination of whether a
reversion to acreage or rescission of the SUBDIVISION constitutes an adequate
remedy for default by the SUBDIVIDER shall be within the sole discretion of
CITY.
NOT, THEREFORE, in consideration of the approval and recordation by
the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY
agree as follows:
1. SUBDIVIDER'S Obliaations to Construct Parkland/Landscaoina Imorovements.
SUBDIVIDER Shall:
a. Comply with all the requirements of the Resolution of Approval,
and any amendments thereto, and with the provisions of the Subdivision Laws.
b. Pursuant to the requirements of Labor Code Section 1720,
SUBDIVIDER shall pay prevailing wages for all work performed for the
construction, alteration, demolition, installation, or repair for the
Parkland/Landscape Improvement Work required by this Agreement. In
accordance with the provisions of Section 1773 of the Labor Code of the State of
California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contractor from
the Director of the Department of Industrial Relations. These rates are on file
4
R:IKITCHELJIBondsI06-0023 Auto Mall Ynez Road\Parkland Landscape Agreement.doc
with the City Clerk. Copies may be obtained at cost at the City Clerk's office of
the City of Temecula. Subdivider shall post a copy of such wage rates at the job
site and shall pay the adopted prevailing wage rates as a minimum. Subdivider
shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6,
and 1813 of the Labor Code and other applicable laws and regulations with
respect to the payment of prevailing wages. Pursuant to the provisions of 1775
of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of
$25.00 for each calendar day, or portion thereof, for each laborer, worker, or
mechanic employed, paid less, than the stipulated prevailing rates for any work
done under this Agreement, by it or by any subcontractor under it, in violation of
the provisions of the Agreement or in violation of any applicable laws or
regulations pertaining to the payment of prevailing wages.
c. Complete by the time established in Section 20 of this Agreement
and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement
work required on the Tentative Map and Resolution of Approval in conformance
with the Parkland Improvement Plans and the CITY standards:
d. Furnish the necessary materials for completion of the Parkland
Improvements in conformity with the Parkland Improvement Plans and CITY
standards. .
e. Except for easements or other interested in real property to be
dedicated to the Homeowners Association of the SUBDIVISION, acquire and
dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements
and other interests in real property for construction or installation of the
Parkland/Landscape Improvements, free and clear of all liens and encumbrances
for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site
5
R:\KITCHELJlBondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
rights-of-W<;ly, easements and other interests in real property shall be subject to a
separate Agreement between SUBDIVIDER and CITY.
2. Acauisition and Dedication of Easements or Riahts-of-Wav., If any of the
Parkland/Landscape Improvements and land development work contemplated by this
Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no
construction or installation shall be commenced before:
a. The offer of dedication to CITY or appropriate rights-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
b. The dedication to, and acceptance by, the CITY of appropriate
rights-of-way, easements or other interests in real property, and approved by the
Department of Public Works, as determined by the Director of Community
Services.
c. The issuance by a court of competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. SUBDIVIDER shall
camply in all respects with order of possession. Nothing in this Section 2 shall be
construed as authorizing or granting an extension of time to SUBDIVIDER.
3. Securitv. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S
performance of this' Agreement by furnishing to CITY, and maintaining, good and
sufficient security as required by the Subdivision Laws on forms approved by CITY for
the purposes and in the amounts as follows:
a. to assure faithful performance of this Agreement in regard to said
improvements in and 'amount of 100% of the estimated cost of the
Parkland/Landscape Improvements; and
6
R:\KITCHELJ\8ondsI06c0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
b. to secure payment to any contractar, subcontractor, persons
renting equipment, or furnishing labor materials for Parkland/Landscape
Improvements required to be constructed or installed pursuant to this Agreement
in the additional amount of 50% of the estimated cost of the Improvements; and
c. to guarantee or warranty the work done 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 10% of the estimated cost of the Parkland Improvements. The
securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on Page 1 of this Agreement are
incorporated into this Agreement by this Reference. If any security is replaced by
another approved security, the 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 of a replacement security with the City Clerk, the
former security may be released.
4. Alterations to Parkland Imorovement Plans.
a. Any changes, alterations or additions to the
Parkland/Landscape Improvement Plans and specifications or to the
improvements, not exceeding 10% of the original estimated cost if the
improvement, which are mutually agreed upon by the CITY and SUBDIVIDER,
shall not relieve the improvement security given for faithful performance of this
Agreement. In the event such changes, alterations, or additions exceed 10% of
the original estimated cost of the improvement, SUBDIVIDER shall provide
improvement security for faithful performance as required by Paragraph 3 of this
Agreement for 100% of the total estimated cost of the improvement as changed,
7
R:\KITCHELJ\Bonds\06-0023 Aulo Mall Ynez RoadlParkland Landscape Agreemenl.doc
altered, or amended, minus any completed partial releases allowed by Paragraph
6 of this Agreement.
b. The SUBDIVIDER shall construct the Parkland Improvements in
accardance with the CITY Standards in effect at the time of adoption of the
Resolution of Approval. CITY reserves the right ta modify the standards
applicable to the SUBDIVISION and this Agreement, when necessary to protect
the public health, safety or welfare or comply with applicable State ar federal law
or CITY zoning ordinances. If SUBDIVIDER requests and is granted an
extension of time for completion of the improvements, CITY may apply the
standards in effect at the time of the extension.
5. Insoection and Maintenance Period.
a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape
Improvements in accordance with the City standards in effect at the time of
adoption of the Resolution af Approval. SUBDIVIDER shall at all times maintain
proper facilities and safe access for inspection of the Parkland IllJprovements by
CITY inspectors and to the shops wherein any work is in preparation. Upon
completion of the work the SUBDIVIDER may request a final inspection by the
Director of Community Services, or the Director of Community Service's
authorized representative. City Council authorizes the Director of Community
Services or the Director af Community Services authorized representative to
accept the landscaped medians, perimeter slopes, and parks into the Community
Services Maintenance System which is funded by the Parks and Lighting Special
Tax.
b. SUBDIVIDER shall continue to maintain the
Parkland/Landscape Improvements for ninety (90) days after they have been
certified completed. No improvements shall be finally accepted unless the
8
RIKITCHELJ\BondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
maintenance period has expired, and all aspects of the work have been
inspected and determined to have been completed in accordance with the
Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER
shall bear all costs of inspection and certification.
6. Relfllll5e of Securities. Subject to approval by Community Services, the
securities required by this Agreement shall be released as follows:
a. Security given for faithful performance of any act, obligation, work
or Agreement shall be released upon the expiration of the maintenance period
and the final completion and acceptance of the act or work, subject to the
provisions of subsection (b) hereof.
b. The Director of Community Services may release a portion of the
security given for faithful performance of improvement work as the Parkland
Improvement progresses upon application therefore by the SUBDIVIDER;
provided, however, that no such release shall be for an amount less that 25% of
the total Parkland Improvement Security given for faithful performance of the
improvement work and that the security shall not be reduced to an amount less
than 50% of the total Parkland/Landscape Improvement Security given for faithful
performance until expiration of the maintenance period qnd final completion and
acceptance of the improvement work. In no event shall the Director of
Community Services authorize a release of the Parkland/Landscape
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.
c. 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
9
R:\KITCHELJIBonds\06-0023 Auto Mall Ynez Road\Parkland Landscape Agreement.doc
amount equal to the total claimed by all claimants for whom lien have been filed
and of which notice has been given to the legislative body, plus an amount
reasonable determined by the Director of Community Services 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.
d. 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 paragraph 10, the
warranty period shall not commence until final acceptance of all work and
improvements by the City Council.
e. The CITY may retain from any security released, and amount
sufficient to cover costs and reasonable expenses and fees, including reasonable
attorney's fees.
7. Iniurv to Public Imorovements. Public Prooertv or Public Utilities Facilities.
SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case
may be, all public improvements, public utilities faCilities and surveying or subdivision
monuments which are destroyed or damaged or destroyed by reason of any work done
under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs
of any and all public property on 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, ar by the CITY or any public or private utility corporation or by any
combination or such owners. Any repair or replacement shall be to the satisfaction, and
subject to the approval, of the City Engineer.
10
R:\KITCHELJIBonds\06-0023 Aulo Mall Ynez RoadlParkland Landscape Agreement.doc
8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all
necessary permits and licenses for the construction and installation of the
improvements, give all necessary notices and pay all fees and taxes required by law.
9. Default of f:'UBDIVIDER
a. default of SUBDIVIDER shall include, but not be limited to,
SUBDIVIDER'S failure to timely commence construction pursuant to this
Agreement; SUBDIVIDER'S failure to timely commence construction of the
Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the
defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to
perform substantial construction work for a period of 20 calendar days after
commencement of the work; SUBDIVIDER'S insolvency, appointment of a
receiver, or the filing of any petition in bankruptcy either voluntary or involuntary
which SUBDIVIDER fails to discharge within thirty (30) days; the commencement
of a foreclosure action against the SUBDIVISION or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to
perform any other obligation under this Agreement.
b. The CITY reserves to itself all remedies available to it at law or in
equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY
shall have the right, subject to his section, to draw upon or utilize the appropriate
security to mitigate CITY damages in event of default by SUBDIVIDER. The right
of CITY to draw upon or utilize the security is additional to and 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 Parkland/Landscape Improvements and, therefore, CITY damages
for SUBDIVIDER'S default shall be measured by the cost of completing the
required improvements. The sums provided by the improvement security may be
11
R:IKITCHELJIBondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
used by CITY for the completion. of the Parkland/Landscape Improvements in
accordance with the Parkland/Landscape Improvement Plans and specifications
contained herein. In the event of SUBDIVIDER'S default under this Agreement,
SUBDIVIDER authorizes CITY to perform such obligation twenty days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety,
and agrees to pay the entire cost of such performance by CITY. CITY may take
over the work and prosecute the same to campletion, by contract or by any other
method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess
cost or damages occasioned CITY thereby; and, in such event, CITY without
liability for so doing, may. take possession of, and utilize in completing the work,
such materials, appliances, plan and other property belonging to SUBDIVIDER
as may be on the site of the work and necessary for performance of the work.
c. Failure of SUBDIVIDER to comply with the terms of this
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 or otherwise
revert the SUBDIVISION to acreage. The remedy provided by this Subsection C
is in addition to and not in lieu of other remedies available to CITY.
SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S
breach shall be in the discretion of CITY.
12
R:IKITCHEW\BondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
d. In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER 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.
e. 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 SUBDIVIDER.
10. Warrantv. SUBDIVIDER shall guarantee or warranty the work done
pursuant this Agreement for a period of one year after expiration of the maintenance
period and final acceptance by the City Council of the work and improvements against
any defective work or labor done or defective materials furnished.
Where
Parkland/Landscape 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 SUBDIVIDER fails to fulfill any of the requirements of this
Agreement or the Parkland/Landscape Improvement Plans and specifications referred to
herein, SUBDIVIDER 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 SUBDIVIDER fail to act promptly or in accordance with this
requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work
twenty days after mailing written notice of default to SUBDIVIDER and to
SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY
determine that an urgency requires repairs ar replacements to be made before
SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary
13
R:IKITCHELJ\8ondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to
CITY the cost of such repairs.
11. Subdivider Not Aaent of Citv. Neither SUBDIVIDER nor any of
SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in
connection with the performance of SUBDIVIDER'S obligations under this Agreement.
12. Iniurv to Work. Until such time as the Parkland/Landscape Improvements
are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to
anyofthe improvements constructed or installed. 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 SUBDIVIDER.
13. Other Aareements. Nothing contained in this Agreement shall preclude
CITY from expending monies pursuant to agreements concurrently or previously
executed between the parties, or from entering into agreement with other subdividers for
the appointment of costs of water and sewer mains, or other improvements, pursuant to
the provisions of the CITY ordinances providing therefore, nor shall anything in this
Agreement commit CITY to any such apportionment.
14. SUBDIVIDER'SObliaation to Warn Public Durina Construction. Until final
acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate
warning to the public of each and every dangerous condition existent in said
improvements, and will take all reasonable actions to protect the public from such
dangerous condition.
15. Vestina of Ownershio. Upon acceptance of 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.
14
R:IKITCHELJ\BondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement-doc
16. Final Acceotance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Council upon recommendation of the Director of Community
Services after final completion and inspection of all Parkland/Landscape Improvements.
The Board of Directors shall act upon the Director of Community Services
recommendations within thirty (30) days from the date the Director of Community
Services certifies that the work has finally completed, as provided in Paragraph 5. Such
acceptance shall not constitute a waiver of defects by CITY.
17. Indemnitv/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance af this
Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials
and employees from any and all claims, demands, causes of action, liability or loss of
any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or
employees in the performance of this Agreement, including all claims, demands, causes
of action, liability, or loss because of, or arising out of, in whole or in part, the design or
construction of the Parkland/Landscape Improvements. 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 the Parkland/Landscape
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 public impravements. Acceptance of any of the
Parkland/Landscape Improvements shall not constitute any assumption by the CITY of
any responsibility for any damage or taking covered by this paragraph. CITY shall not
be responsible for the design or construction of the Parkland/Landscape Improvements
pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any
negligent action or inaction taken by the CITY in approving the plans, unless the
15
R:IKITCHELJIBandsI06-0023 Aula Mall Ynez RaadlParkland Landscape Agreement.doc
particular improvement design was specifically required by CITY over written objection
by SUBDIVIDER submitted to the Director of Community Services 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 Parkland/Landscape Improvements, the SUBDIVIDER
shall remain obligated to eliminate any defect in design or dangerous condition caused
by the design or construction defect, however, SUBDIVIDER shall not be responsible for
routine maintenance.
Provisions of this paragraph for Parkland/Landscape
Improvements shall remain in full force and effect for ten years following the acceptance
by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all
liability for design and construction of the Parkland/Landscape Improvements installed or
work done pursuant to this Agreement and the CITY shall not be liable for any
negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing,
checking, or correcting any plans or specifications ar in approving, reviewing or
inspecting any work or construction. The improvement security shall not be required to
cover the provision of this paragraph.
18. Sale or Disoosition of SUBDIVISION. Sale or other disposition of this
property will not relieve SUBDIVIDER from the obligations set forth herein. If
SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION
to any other person, the SUBDIVIDER may request a novation of this Agreement and a
substitution of security. Upon approval of the novation and substitution of securities, the
SUBDIVIDER may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations
under Paragraph 17 for the work or improvement done by SUBDIVIDER.
16
RIKITCHELJIBondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
19. Time of the Essence. Time is of the essence of this Agreement.
20.
Time for Comoletion of Work Extensions. SUBDIVIDER shall complete
construction of the improvements required by this Agreement no later than e &? - 30- ~ ~.
O~''3O. 0'9 JI
In the event good cause exists as determined by the City Engineer, and if otherwise
permitted under the tentative map condition, the time for completion of the impravements
hereunder may be extended. The extension shall be made by writing executed by the
Director of Community Services. Any such extension may be granted without notice to
SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the
Surety or Sureties on any security given for this Agreement. The Director of Community
Services shall be the sole and final judge as to whether or not good cause has been
shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the
commencement of work, resulting from an act of CITY, or by an act of God, which
SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather
which prevents the conducting of work, or by strikes, boycotts, similar actions by
employees or labor organizations, which prevent the conducting or work, and which
were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for
an extension of time for completion. As a condition of such extension, the Director of
Community Services may require SUBDIVIDER to furnish new security guaranteeing
performance of this Agreement as extended in an increased amount as necessary to
compensate for an increase in construction costs as determined by the Director of
Community Services.
21. No Vestina of Riahts. Performance by SUBDIVIDER of this Agreement
shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any
change in any zoning or building law or ordinance.
17
RIKITCHELJIBondsI06-0023 Auto Mall Ynez Road\Parkland Landscape Agreement.doc
22. Notices. All notices required or provided far under this Agreement shall
be in writing and delivered in person or sent by mail, postage prepaid and addressed as
provided in this Section. Notice shall be effective on the date it is delivered in person, or,
if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as
follows unless a written change of address is filed with the City:
Notice to CITY:
City Clerk
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Notice to SUBDIVIDER:
~dln ffi FlnanClcU eorpomhon
~il~ ~,n1tl Pd I No.IOD
Tr=~ LA Cl0501
Contact Name: h ~ b r~ Ynes
Contact Phone No{ c::f:?D 4L=t1 '(IJ.::j DO
Name/Address:
23. Severabilitv. The provisions of this Agreement are severable. If any
portion of this Agreement is held invalid by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect unless amended or
modified by the mutual consent of the parties.
24. Caotions. The captions of this Agreement are for convenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid in the
interpretation, construction or meaning of any provisions of this Agreement.
25. Utiaation or Arbitration. In the event that suit or arbitration is brought to
enforce the terms of this contract, the prevailing party shall be entitled to litigation costs
and reasonable attorney's fees.
18
R:IKITCHELJl6ondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
26. Incoro.oration .of Recitals. The recitals to this agreement are hereby
incorporated int.o the terms of this agreement.
27. Leaal Reso.onsibilities. The Subdivider shall keep itself inf.ormed of all
I.ocal, State and Federal laws and regulati.ons which in any manner affect th.ose
employed by it .or in any way affect the performance of its obligations pursuant t.o this
Agreement. The Subdivider shall at all times observe and comply with all such laws and
regulations. The City, and its .officers and empl.oyees, shall not be liable at law .or in
equity .occasioned by failure of the Subdivider t.o comply with this section.
28. Entire A.oreement. This Agreement canstitutes the entire Agreement .of
the parties with respect t.o the subject matter. All modificati.ons, amendments, or waivers
of the terms .of this Agreement must be in writing and signed by the appr.opriate
representative of the parties. In the case of the CITY, the appropriate party shall be the
City Manager.
19
R:IKITCHELJIBondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreementdoc
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its
Mayor.
SUBDIVIDER
TEMECULA COMMUNITY
SERVICES DISTRICT BOARD
By: -..,A--. \ ) q... By:
FetlClffi ~\Y\6I.X\CIOJ COrpon:::t.i10n
Name: Fred D, br tmes Name:
Title:
,
.p re9W1ffi +
Jeff Comerchero
Title:
President
By:
Name:
Title:
(Proper Notarization of SUBDIVIDER'S signature
is required and shall be attached)
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
RECOMMENDED FOR APPROVAL:
By:
William G, Hughes,
Director of Public Works/City Engineer
By:
Herman D. Parker
Directo~ of Community Services
APPROVED AS TO FORM:
By:
Peter Thorson
City Attorney
20
RIKITCHELJlBondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~ E~ ,.,..... r~..""',,,....,.,;,,:.._"<.<""....v.k ,""" ~. ,~ ,......-{~""::-: m;,~.,~; ;"",.,',,_'-'_'.-h_'-v.. ,,,,.:.,,,,;..,,,,,;,,.,,,,',~'.;~',-,,.r._A~' ~.
State of California
, ss.
County of lITVF.lI~TnR
3-ICf-07
Date
before me, :BEVERLY SEARCH, NOTARY PUBLIC
Name and lltle of OffICer (e.g., ff Jane Ooe, Notal)' PubUc"}
On
personally
appeared
FRED D. GRIMES
Name{s) 01 Signer{s)
tlPersonally known to me
. ----I
. - BEVERLY SEARCH
-'. CommIsSion # 154446B
Nofary Public. California ~
Riverside CounlV [
My Comm. Exp/leS Jan 14, 2OO9r
o 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.
Place Notary Seal Above
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 ot Document:
Document Dale:
Number of Pages:
Signer(s) Olher Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer -Tille(s):
D Partner - D Limited D General
D Attorney in Facl
D Trustee
D Guardian or Conservator
D Other:
~
-
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer -Title(s):
D Partner - D Limited 0 General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Olher:
-
~
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~....-~....--'*"
>'""""...."f-Y....~"'~AA"""....-^'f.,f~-"""'<V~
@2004Natlonal Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313--2402
Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT A
(Attach the basis Jor the estimate of the cost of improvements.)
21
R:IKITCHELJIBondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
.,
Temecula Auto Mall- Ynez Medians
06-101
BUDGET ESTIMATE
DESCRIPTION QUANTITY UNIT PRICE. TOTAL
PLANTING
TREES 24" BOX 36.00 EA. 225.00 8, I 00.00
SHRUBS 5 GAL 596.00 EA. 16.00 9,536,00
I GAL 262.00 EA. 5.00 1,310.00
SOIL CLEAR/WEED 8,675.00 S.F. 0.03 26.0.25
GRADE/AMEND S.F. 0.10 0.00
BARK 8,675.00 S.F. 0.15 1,301.25
CONCRETE MOW STRIP L.F. 2.95 0,00
PLANTING SUB-TOTAL 20,507.50
IRRIGATION
KBI CHECK VALVE 8.00 EA. 7.50 60.00
CONTROLER ASSEMBLY EA. 5,000.00 0,00
RP.U I INCH EA. 200.00 0.00
RC.V. I INCH 3.00 EA. 35.00 105.00
SENNINGER PRS REG 3/4 28.00 EA. , 12.00 336.00
AMIAD DISC FILTER 3.00 EA. 20.00 60.00
QUICK COUPLER " 7.00 EA. 30.00 210.00
DURA END FLUSH CAP 28.00 EA. 3.50 98.00
RVALVE I INCH 3.00 EA. 30.00 90.00
BOWSMITH EMITTER SL210 967.00 EA. 0.90 870.30
RAINBIRD RAIN GUAGE EA. 42.00 0.00
BROWNLINE 1,872.00 EA. 1.05 1,965.60
FLOWMETER I INCH EA. 400.00 0.00
RAINBIRD BUBBLERS EA. 1.00 0.00
MAIN 2 INCH L.F. 2.25 0.00
1 INCH 653.00 L.F. 1.25 816.25
LATERAL 1-1/2 INCH L.F. 1.60 0.00
1-1/4 INCH L.F. 1.40 0.00
I INCH 715.00 L.F 1.20 858.00
3/4 INCH L.F. 1.05 0.00.
SAW CUTTING EXISTING STREE'I L.F. 1,000.00 1,000.00
IRRIGATION SUBTOTAL 6,409.15
PLANTING AND IRRIGATION TOTAL 26,916.65
MAINTENANCE/MONTH '8,675.00 S.F. 0.G15 130.13
PER YEAR 1,561.50
'",
Q6-101-CostEstimate~ WaterCalc2
'i\~, '"
1/26/07
CITY OF TEMECULA
PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND
EOND NO.: 7333828
PREMIUM: $807.00/TWO YEAR TERM
WHEREAS, the City of Temecula, State of California, and Felicita Financial
Corporation, (hereinafter designated as "Principal") have entered into an Agreement
whereby Principal agrees to install and complete certain parkland improvements, which
said Agreement, dated 4- - \ q 20 o=t-and identified as
Temecula Auto Mall - Ynez Medians, CSD06-0023, is hereby referred to and made a
part hereof; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a
bond for the Faithful Performance of the Agreement;
NOW, THEREFORE, we the Principal and INDEMNITY COMPANY OF CALIFORNIA
as surety, are held and firmly bound unto the City of Temecula, California, in the penal
sum of $26,916.65, 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 his or their
true 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 and included in any judgment rendered.
R:\KITCHELJIBonds\lJ6-0023 Auto Mall Ynez Road\parkland landscape faithful performance. doc
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 there
under or the specifications accompanying the same shall in anyway 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 the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on MARCH 27, , 2007
(Seal)
(Seal)
SURElO I~~?MPANY OF CALIFORNIA
By: ~~Q0i---
CIND~ L. RID(ir, ATTORNE~N FACT
(Name)
(Title)
PRINCIPAL FELICITA FINANCIAL CORPORATION
By: ~. 1\ L
F-t2.. ffi D. G RI me5
(Name)
p resl D-enT
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
R:\KITCHELJ\Bonds\06-0023 Auto Mall Ynez Roadlparkland landscape faithful perfonnance.doc
STATE OF California
]
COUNTY' OF Los Angeles
MAR 2 7 2007
On, before me, Debra K. Bel!, Notary Public
(here insert name and title of the officer)
pBlsonallyappeared CINDY L. RIDLEY
personally known to me~X~tx.iXil.I1ilt:j{~.<;W.Q{'NJ{R~lYDctto 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 /lis/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behatf 01 which the
person(s) acted. executed Ihe instrument.
WtTNESS my hand and officiat seal.
SignatureD ~f .~
o 0 (SEAL)
I'l
C
-'
.
..".. """"_.,\$,;',,
.. . ",.. ........ ... r
DEBRA K. BELL
Commission # 1430084 ;;;
Notary Public - California !ill
LOS ANGELES County ...
My Comm EJqJlRIsJUL 30,2007 [
',I, .j '0.." "I.I.-'''l, u" J. I,,' ,I.
This arco Ii)/" OllicluJ Notarial Sea!
..,..,.".""..."...".~...~.,
..,
L" .. OPTIONAL ,I I, "" 11,11,;1,11111" 1;1 I I ,'1 Iii II ,II ,i
ii"
Though the data below is nol required by law, It may prove valuable to persons relying on the document and could
prevent fraudulent realtachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
I"J ATTORNEY-IN-FACT
o TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
i'lAME OF PH~SON(S) on ENTITY(IESl
SIGNER(S) OTHER THAN NAMED ABOVE
In 1232 IREV 10/06)
ALL-PURPOSE ACKNOWLEDGEMENT
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~,~...-...:~,......:,-'<4 "...,,,-..~._":.:,,":,',,,,,,','~~- "'" ~k':""';"^ ,."A.;'._....;......;. ...... ,.. ',.~ .....:....;. :".'
''':.':.'''''-':''''-'':'''~-''.'.''ll;_':'._':..'_'..'._'':''.~
State of California
}ss.
County of RTVRR~TnF.
On
"3 2.9 -O--=f-
Date
before me, J)lSV....KLY SEARCH. NOTARY PUBLIC
Name and Tlfle of Officer (e.g., ~Jane Doe, Notary Public")
personally
appeared
FRED D. GRIMES
Name(s) 01 Slgner(s)
.,
gpersonally known to me
· . - J
@ BEVERLY SEARCH
i .. Commission # 1544468
~ ,-,,; Notory Public. Collfomla ~
1 . . Riverside County t
MyComm. ExpIreaJan 14, 2llO9
,
o 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.
. ~~7!]to;JJ1M1.
V lr ~ Slgoa'"ffiof Nota", P"bli,
OPTIONAL
Though the information below is not required by lal-Y, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Place Notary Seal Above
Description of Attached Document
Title or Type of Document
Document Date:
Number of Pages:
Signer(s) Olher Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney In Fact
o Truslee
D Guardian,or Conservator
o Other:
-
~
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Olher:
~
--
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~M'tJ-""'W~~"""'_'/""""'/_"""'~/""""'''''''''''~~AW~~'''~~~'''''';'"".J~
@2004 National Nola'Y Association. 9350 De Soto AVe., P.O. Box 2402. Chatsworth, CA 91313-2402
Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
BOND NO.: 7333828
'PREMIUM : INCLUDED IN PERFORMANCE
CITY OF TEMECULA
PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND
WHEREAS, the City of Temecula, State of California, and Felicita Financial
Corporation, (hereinafter designated as "Principal") have entered into an Agreement
whereby Principal agrees to install and complete certain Parkland Improvements, which
said Agreement, dated 4~ 1 q , 200i-and identified as Temecula
Auto Mall- Ynez Medians CSD06-0023, is hereby referred to and made a part hereof;
and
WHEREAS, under the term of said Agreement, Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Ternecula, to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California; and
NOW, THEREFORE, we the principal and INDEMNITY COMPANY OF CALIFORNIA
as Surety, are held and firmly bound unto the City of Temecula, California, and all
contractors, subcontractors, laborers, material men, other persons employed in the
performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in
the penal sum of $13,458.32 lawful money of the United States, for materials furnished
or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, that Surety will pay the same in an amount not
exceeding the amount set forth.
R:IKITCHELJ\BondsI06-0023 Auto Mall Vnoz Roadlpar1<land landscape labor and materials bond.doc
Page 1013
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 and included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
If the cond ition of this bond is fully performed, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and effect.
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 there
under or the specifications accompanying the same shall in anyway affect its obligations
on this bond, and it does hereby waive notice of any such changes, extension of time,
alteration or addition to the terms of the Agreement or to the work or to the
specifications,
R:\KlTCHEW\6onds\06-0023 Auto Mall Ynez Road\parldand landscape labor and materials bond.doc
Page 2 013
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on MARCH 27, , 20 07
(Seal)
CINDY L.
ATTORNEY IN FACT
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
(Seal)
OF CALIFORNIA PRINCIPAL FELICITA~INANCIAL CORPORATION
~ By: d-- {\ .
OFrpr:;# D, Gn YY1eS
(Name)
Presiclen+-
(Title)
By:
(Name)
(Title)
R:\K1TCHEW\BondsI06-0023 Auto Mall Ynez Roadlparkland landscape labor and materials bond.doc
Page 3 013
STATE OF California
COUNTY OF Los Angeles
]
OIL MAR ~} 2007. before me, Debra K. Bell. Notary Public
(here insert name and title of the officer)
personally appeared CINDY L. RIDLEY
personally known to mettl!~XQ[!KJ1!!lQX1J1/~~~~to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowtedged 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 behalt ot which the
person(s) acted, executed the instrument
WITNESS my hand and officiat seat.
Sl9natuq;)O fbuJ?-.{JeJ2p
(SEAL)
. . ,: ' ~ ...... - ~ - ""'- .-. r
I@ DEBRA K. BELL r
~.... CommiSSion # 1430084 ;t
'I Notary Public. ca..lifQrnia ",
(; LOS ANGELES County .-
J ." . My Comm ExpIlllsJUL30, ~0~7l
i "","",;,,'J,-'''I.. -- ,
I "...' .'_'0",'''_-'' " '
This urea/i)/" O(jiciu/ l'v'o/ario/ Seal
.'i.w~_;,,~,,~,,::llilln;M~";l<";~"lu.;,i'"III,I";';~<I~",h,1ijl~,llllIll,I;";,'llilll.,,I~11 11111'. II "II OPTIONAL ,I, I I i III II;, II I I ,II, dli / II, 1111,111 I, ""
I, III i,",
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDiVIDUAL
D CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(5j
D PARTNER(S)
D LIMITED
D GENERAL
EJ ATTORNEY IN-FACT
D TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
tlp,ME OF PEr-1S0N(SI OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED P.BOVE
10.1232 (REV 10/06)
ALL-PURPOSE ACKNOWLEDGEMENT
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~""""'....'<.C~ ~ ~,,~ r-, .' ., E' . """""~_"_'''~'~ "_.:_:'_ ,,~ ,;. ,~~ '_,~ ",.,,, ',;,':'.~~.".,..-_.,.,.,r'"'''"'''S''~''~'''-'.''''''':'''.''i'''''':''' E' " h....'-.A.'..A-;,,~
State of California
.58.
County of
RTVRR~TDR
On
3- 2<:1 -0+
Date
before me, :BEVERLY SEARCH I NorARY PUBLIC
Name and l'llie of OffICer (e.g., "Jane 000, Notary Public")
personally
appeared
FRED D. GRIMES
Name(s) of Signer(s)
npersonally known to me
~..,....
1~~ 8~R~S~CH
_'-" Commission # 1544468
~ . . Notary Public. California ~
J Rlvelskfe County .l
1 MvComm. Exp/IesJan 14, 2009(
o 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 capacily(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.
Place Notary Seal Above
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 ot Document:
Document Dale:
Number of Pages:
Signer(s) Olher Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Tltle(s):
o Partner - 0 Limiled 0 General
o Attorney in Facl
o Trustee
o Guardian or Conservator
o Other:
.~
--
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - litle(s):
o Parlner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
~
~
Top of thumb here
Signer Is Representing:
Signer Is Representing:
. -.' -.. . ~ .. -.' -
1l"~""""'''~/_~/^'''''
_,. J. -' J
@2004NatlonalNotaryAssociation . 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402
Item No. 5907 Reorder: Call Toll-Free 1.800-876-6827
BOND NO.: 7333828
.PREMIUM: INCLUDED IN PERFORMANCE
CITY OF TEMECULA
PARKLAND/LANDSCAPE WARRANTY BOND
WHEREAS, the City of Temecula, State of California (hereinafter designated as
"City"), and Felicita Financial Corporation (hereinafter designated as "Principal") have
entered into an Agreement whereby Principal agrees to install and complete certain
designated Parkland Improvements, which said Agreement, dated
--4 - 1 c::r 20 D+. and identified as Temecula Auto Mall-
Ynez Medians, CSD06-0023, is hereby referred to and made a part hereof; and
WHEREAS, Principal is required to warranty the work done under the terms of
the Agreement for a period of one (1) year following acceptance thereof by City against
any defective work or labor done or defective materials furnished, in the amount of ten
percent (10%) ofthe estimated cost ofthe improvements;
NOW, THEREFORE, we the Principal and INDEMNITY COMPANY OF CALIFO~
surety, are held and firmly bound unto the City of Temecula, California, in the penal sum
of $2,691 .66, 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
R:\KlTCHELJlBondsI06-0023 Aulo Man Ynez Road\par1dand landscape Warranty Bond 1.doc
Page 1013
respects according to his or their true 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 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
hereunder or the specifications accompanying the same shall in anyway 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.
R:\KITCHEW\6onds\06-0023 Auto Mall Ynez Roadlparkland landscape Warranty Bond 1.doc
Page 2 of3
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on MARCH 27,
(Seal)
SURW:. INDE
By: ( .
--c;.-. . . .
CINDY L. RIDL~
(Name)
,20~.
(Seal)
o ANY OF CALIFORNIA PRINCIPAL: FELICITA FINANCIAL CORPORATION
~ _____ By: c-\- II <1-
FrFrl D, b r~ YY)f?S
(Name)
ATTORNEY IN FACT
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
PrC51 d.QX1t
(Title)
By:
(Name)
(Title)
R:\KITCHELJlBondsI06-0023 Auto Mall Vnez Roadlparkland landscape Warranty Bond l.doc
Page 3 of 3
STATE OF California
]
COUNTY OF Los Angeles
MAR 2 7 Z007
011__-.. . ..___..____, before me_
Debra K. 8ell, Notary Public
(here insert name and title of the officer)
personally appeared CINDY L. RIDLEY
personally known to me~l1iX!X~x~I&ili.~Illfxi&1i.~~;";"'A,*.i:.to be the person(s) whose name(s) is/are
subscribed 10 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 at which the
person(s) acted, executed the instrument,
WITNESS my hand and official seal.
Signatur~~
(SEAL)
DEBRA K. BELL '
Commission # 1430084 r
~gn~GUbljC - California ;a-.
My ElES COunly e-
. Comm ExpIT8SJUL 30 2007 ...
, .... "';"'" .~,,,,(
This (lrca/or Of/icial No(arial .)('o!
11I1; ., . Jlllll.ill~Olli:llijiiIWll"j";,liilLlj,,"ijIJjklllllliILIIOlJl.lk~IIlIIHIII~,LIL"",Il.l.U.Ld...lI..Jl1llL.III,UJ 0 PTI ONAl
1,111111 Hid 1''',11',111;, d 1,Illlii,llIll" ", I, III;ill,
Though the data below is nol required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
[J CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TlTl.E(S)
D PARTNER(S)
D LIMITED
D GENERAL
EJ ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
~IAf,,1c OF PEHSONISI OR [NTITY(IESI
SIGNER(S) OTHER THAN NAMED ABOVE
10-1 ;'32 (REV 10/06)
ALL-PURPOSE ACKNOWLEDGEMENT
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
: ~. "" '.. ;'~:_,;..'~:1'..'f"~,"""".~~ ., "~N';'''~ ~ ~""'" <..;.;, .6',.. >..:_" .~,~',,;"-',~ ',~ ,,,,, >L .....R. - _.e~-:-VA"~','~:-:""~~.'~:':-1fi:tIJ.
State of California
. ss.
County of
lIT1TF.R!':mR
On
3. /_Gj-Ol
Date
before me, D.I5H;KLY SEARCH, NorARY PUBLIC
Name and 1Ille of OffICer (6.g., "Jane Doe, Notary Pub~c")
personally
appeared
FRED D. GRIMES
Name(s)oISlgner{s)
iUPersonally known to me
l' ....-.------.-.--
'. BEVERLY SEARCH
_ . CommWion # 1544468 ~
~ . -,,; Notary Public. CoUlomla i
J Riverside County f-
1 MyComm. Explr...Jan 14.2009
o 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 capacify(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.
Place Notary Seal Above
d nd'~0J1JN 11
OPTIONAL
Though the infonnation 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:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
.~
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Facl
o Trustee
o Guardian or Conservator
o Olher:
~
-
Top of thumb here
Signer is Representing:
Signer Is Representing:
~7"'-"""/_"'fJ~~~
@2004 National Notary Association. 9350 De Solo Ave.. P.O. Box 2402. Chatsworth, CA 91313-2402
Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19715, IRVIN[:. CA 92623 l(49) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
*** Cindy L. Ridley, Janet L. Shaw, Cheryl Caiger, Debra Bell, Thomas C. Moore, Gerald L. Ervin, jointly or
severally***
as their true and lawful Attorncy(s)-in-Fact, to make, execute. ddiver and acknowledge. for and on behalf of said corporations, as sureties. bonds, undertakings
and contracts of suretyship giving 11lld granting unto said Attorney(sHn-Facl full power and authority to do and to p..::rfonn every act necess,IIY. rcquisitt: or proper
to be done in connection there"...ith as each of said corporations could do. bm reserving to each of said corporations full power of substitution and revocation. and
all ofthlil acts of said AltOllley(s)-in-Fact. pursuanl [0 these presents. arc hereby ralified and contirmeu.
This Power of Attorney is granted and is signed hy facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effeclive as of November I, 2000:
RESOLVED. thut the Ch:linnan of the Board. the President and any Vice President of the corporation be. and that each of them hereby is. authorized to
execute Powers ofAltorney, qU:llifying the auorney(s) named in the Powers of Auomey lo execute. on behalf of the corporations. bonds. undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secrelary of the COIlJOrations bc, and each of thcm hereby i~, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER. that the signatures of such officers Illay be aftixed to any sllch Powcr of Attorney or to any certiticatc relating thereto by
ti-u::simile, and any sllch Power ofAtlorney or certitkate bc=aring such facsimile signatures shall be valid and binding upon the corporation when so atlixcd and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALlFORI\IA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December. 2005.
-----~
( , ) :~)
Bv:
Walter A. Crowell, Secretary
~~
.....'i'..;..'ND..~.......
,""~"'~"""'o""-'~"'""'"
f~.."'O~P R41'.....~ \
({c 1~C{~ ~.~)
~~~.........IOW(). ,""',.4.'b,~'
".;0 ..........." 'r-';;;'.,"
..,.........?r...,.........
Bv'
David H. Rhodes. Executive Vice~Presidenl
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December L 2005 before me, Gina L. Gamer. NotalY Public (here insert name and title of the officer). personally appeared David H. Rhodes and
Walter A. Crowell. 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,11er/their authorized capacity(it's), and that by his/her/their signature(s) on the instrument
the person{s), or the entity upon behalf of which the 1'er50n(s) acted, executed the instrument.
Signature
~.~~
(SEAL)
~'e----' , ~IN~ L GA~NE~
'" . - COMM. # 1569561
~ NOTARY PUBLIC CALIFORNIA ~
3: ORANGE COUNTY "
j . ~_~_omm. ~xpires ~_1~2~
,,__... 4......~ -. _......
WITNESS my h:l!ld and official seal.
CERTII-'ICATlr:
The undersigned, as Assislant Secretary, of DEVELOPERS SURETY AKD INDEMf\:ITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.
docs hereby certify thaI the fbregoing Power of Attomey remains in full force and has not been revoked, and furthennurc. that the provisions of the resolutions of
the respective Boards of Directors of said corporations sel forth in the Power of Anorney, are~J{~ee~~ ~t20070fthiS Certificate.
This Certiticale is executed in the City of Irvine. Calit(lmia. the _ day of '
Bv
Alhert Hillebrand, Assistant ,secretary
~I-~
.~
ID-1380{Rev.12/05)
Ii
-
I.
ITEM NO. 11
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
/}12
~
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
September 25, 2007
SUBJECT:
Agreement Between the City of Temecula and MuniFinancial for Service Level C
Election Services
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION:
That the Board of Directors:
1) Approve the Agreement between the Temecula Community Service District and
MuniFinancial for Service Level C Election Services in the amount of $35,510.
BACKGROUND: Service Level C rate and charge was established upon the City's
incorporation to provide funding, through property tax assessments, for residential perimeter
landscaping. Since incorporation, the City, through the Temecula Community Services District
(TCSD) has never increased the amount of the assessed Service Level C rates. Meanwhile, the
costs for utilities and maintenance costs have continued to rise. As a result, in most cases, the
charge currently being collected does not cover the actual cost to maintain each landscape area or
"zone".
The passage of California Proposition 218 in 1996 restricted the City's ability to increase Service
Level C rates and charges without conducting a noticed public hearing and a property owner mailed
ballot election. MuniFinancial has been the District's consultant for our annual assessments for
many years. Staff feels that MuniFinancial is the best qualified for providing assessment-related
tasks including Service Level C election services.
The agreement's scope of work included providing current Riverside County Assessor's Office
property owner data base, coordinating the printing, mail merge and mailing of both the Notice of
Public Hearing and Ballot documents as required by law. This scope includes the coordination of
the Spanish versions of the Notice of Public Hearing and Ballot documents.
Also included is assistance to Temecula's City Clerk's staff in tabulation of the ballots. The ballots
will include a bar code to identify the property owner, zone and vote. During the tabulation of the
ballots MuniFinancial staff will assist by scanning the bar codes and providing the City Clerk's Office
with any required reports with tabulation results. The tabulation will include 28 results for each of the
28 zones.
The postage required in the amount of approximately $13,000 will be paid directly to the U.S.
Postmaster.
FISCAL IMPACT: Adequate funds are available to fund this contract in the amount of
$35,510 as well as postage expenses in the approximate amount of $13,000 in Community Services
2007-2008 Budget.
ATTACHMENTS:
Professional Services Agreement
AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE
TEMECULA COMMUNITY SERVICES DISTRICT AND
MUNIFINANCIAL
SERVICE LEVEL C ELECTION SERVICES
THIS AGREEMENT is made and effective as of September 25, 2007, between the
Temecula Community Services District, a municipal corporation ("District") and MuniFinancial
("Consultant") In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM. This Agreement shall commence on September 25, 2007, and shall
remain and continue in effect until tasks described herein are completed, but in no event later
than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and set
forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in
Exhibit A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a. The District agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit 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 Thirty
Five Thousand Five Hundred Ten dollars and No Cents ($35,510.00) 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 General
Manager. Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Consultant at the time District's written
authorization is given to Consultant for the performance of said services.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non-disputed fees. If the District disputes any of consultant's
fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any
disputed fees set forth on the invoice.
P"\Finance\Agreement Samples.2007\Consultant-Prof Srvc Agrmnt.Sample. Revised 2007
Updated 6/28/07
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The District may at any time, for any reason, with or without cause,
suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at
least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise. If the
District suspends or terminates a portion of this Agreement such suspension or termination shall
not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
District shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the District. Upon termination of the
Agreement pursuant to this Section, the Consultant will submit an invoice to the District
pursuant to Section 4.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, District shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate this Agreement immediately
by written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Consultant is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Consultant with written notice of the default. The Consultant shall have (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of time,
the District shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by District that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
District or its designees at reasonable times to such books and records, shall give District the
right to examine and audit said books and records, shall permit District to make transcripts there
from as necessary, and shall allow inspection of all work, data, documents, proceedings and
activities related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
2
providing the services to be performed pursuant to this Agreement shall become the sole
property of the District and may be used, reused or otherwise disposed of by the District without
the permission of the Consultant. With respect to computer files containing data generated for
the work, Consultant shall make available to the District, upon reasonable written request by the
District, the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and
hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers
from and against any and all claims, demands, losses, defense costs or expenses, including
attorney fees and expert witness fees, or liability of any kind or nature which the City, District
and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may
be imposed upon them for injury to or death of persons, or damage to property arising out of
Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non-performance of this Agreement, excepting only liability arising out of the
negligence of the District.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no
automobiles, a non-owned auto endorsement to the General Liability policy described above
is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: One million ($1,000,000) per occurrence for bodily
InJury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the General Manager. At the option of the
General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees and volunteers; or the
Consultant shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
i. The District, its officers, officials, employees and volunteers
are to be covered as insured's as respects: liability arising out
of activities performed by or on behalf of the Consultant;
products and completed operations of the Consultant;
premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the
Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the District, its officers,
officials, employees or volunteers.
ii. For any claims related to this project, the Consultant's
insurance coverage shall be primary insurance as respects the
District, its officers, officials, employees and volunteers. Any
insurance or self-insured maintained by the District, its officers,
officials, employees or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect
coverage provided to the District, its officers, officials,
employees or volunteers.
iv. The Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
v. Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the
expiration date the issuing insurer will endeavor to mail thirty
(30) days' prior written notice to the District.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from insurer phone, fax,
and/or notify the District via certified mail, return receipt requested of the changes to or
cancellation of the policy.
4
a. Acceotabilit\{ of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the
District. Self insurance shall not be considered to comply with these insurance
requirements.
b. Verification of Covera,ae. Consultant shall furnish the District with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the District. All endorsements are to be received and approved by the
District before work commences. As an alternative to the District's forms, the Consultant's
insurer may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the District a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
District nor any of its officers, employees, agents, or volunteers shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth
in this Agreement. Consultant shall not at any time or in any manner represent that it or any of
its officers, employees or agents are in any manner officers, employees or agents of the District.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against District, or bind District in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, District shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for District. District shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such ordinances, laws and
regulations. The District, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without District's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the General Manager or unless requested by the City
Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response
to interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the District. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives District notice of such court
order or subpoena.
5
b. Consultant shall promptly notify District should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the District.
District retains the right, but has no obligation, to represent Consultant and/or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and
to provide District with the opportunity to review any response to discovery requests provided by
Consultant. However, District's right to review any such response does not imply or mean the
right by District to control, direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express,
that provides a receipt showing date and time of delivery, or (iii) mailing in the United States
Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the
party as set forth below or at any other address as that party may later designate by Notice.
Notice shall be effective upon delivery to the addresses specified below or on the third business
day following deposit with the document delivery service or United States Mail as provided
above.
To District via U.S. Mail:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
Attention: City Manager
To District via Courier Service:
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
MuniFinancial
27368 Via Industria, Suite 110
Temecula, CA 92590
Attn: Chris Fisher, Principal Consultant
(951) 587-3500
(951) 587-3510 - fax
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the District. Upon termination of this Agreement, Consultant's sole compensation shall be
payment for actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Council and the Consultant.
15. LICENSES. At all times during the term of this Agreement, Consultant shall have
in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
6
16. GOVERNING LAW. The District and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
17. PROHIBITED INTEREST. No officer, or employee of the District of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Consultant, or Consultant's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Consultant hereby warrants and represents to the District that no officer or
employee of the District of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's
sub-contractors on this project. Consultant further agrees to notify the District in the event any
such interest is discovered whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
Temecula Community Services District
Jeff Comerchero, CSD President
ATTEST:
Susan W. Jones, MMC, City Clerk/Board Secretary
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
CONSULTANT:
Muni Financial
27368 Via Industria, Suite 110
Temecula, CA 92590
Chris Fisher, Principal Consultant
By:
Name:
Title:
By:
Name:
Title:
8
EXHIBIT A
Scope of Services
Temecula Community Services District (TCSD)
Service Level C Noticing and Balloting
The Temecula Community Services District (TCSD) Service Level C (perimeter Landscaping and
Slope Maintenance) currendy includes specific residential subdivisions (tracts) for which the TCSD
provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes
within the public right-of-ways and dedicated easements adjacent to and associated with those
developments. Service Level C currendy includes approximately 13,901 active parcels grouped into
one (1) of thirteen (13) sub-areas (sub-service-levels) identified as C-1 through C-13. The City has
previously determined an appropriate reorganization of the existing sub-areas into approximately
thirty-one (31) sub-service-levels based on the residential subdivisions currendy within Service Level
C and has identified the exiting parcels and proposed rates and charges associated with those
specific improvements and sub-service-levels.
The following outlines MuniFinancial's proposed scope of work and fees to assist the City with the
required noticing and balloting of the new rate changes determined by the City. Our proposed scope
of work includes coordinating the printing, processing and mailing of the notice of Public Heating
and property owner ballots to all affected properties and developments identified by the TCSD.
Specific tasks include the following.
1. Consult with TCSD staff to finalize the key dates and project timeline; and coordinate the
identification of the affected properties and the proposed new rates and charges.
2. Using base electronic parcel information regularly updated by MuniFinancial for properties
within the TCSD and the new rates and charges provided in electronic format by the City, we
will develop a separate rates and charges database for Service Level C that contains updated
parcel numbers, ownership and mailing information for all affected properties within the various
service areas. This database will include the existing rates and charges as well as the proposed
increase as applicable. This database will be utilized for the mailing of the notices and ballots
utilizing property ownership information from available County Assessor's Office secured roll
information. (Note: The mailing of both the Notice of Public Hearing and the Ballots shall be
based on the final 2007/2008 fiscal year secured roll information that was established by the
County Assessor's Office in July 2007.)
3. Review and confirm the number of parcels and proposed rates and charges provided by the City
to ensure all affected properties have been properly identified and the proposed new rates and
charges applicable to each tract and parcel have been appropriately applied. We will provide a
summary table of the updated parcels and charges to the City for review and confirmation prior
to mailing the notice of Public Hearing.
4. Upon completion of the parcel update for the new Service Level C charges, MuniFinancial will
prepare either in hardcopy or electronically, a complete listing of the parcels and corresponding
charges for the City to incorporate as an exhibit to the Report being prepared by the City for the
Public Hearing.
5. For this project, it is anticipated that the City's proposed notice and ballot documents will be the
same basic documents established earlier in the year for the proposed rate increase that was
abandoned due technical errors. (The only anticipated change will be the inclusion of a Spanish
Page 2
II MuniFinancial
translation of the Notice of Public Hearing, which the City will provide). Due to several possible
variables associated with the proposed rate changes, (Inflationary adjustment only; One-year
increase, then the inflationary adjustment in subsequent years; Multi-year increase, then the
inflationary adjustment in subsequent years) we anticipate that more than one (1) version of the
notice and/or ballot will be required to address variations in the text associated with each
proposed rate increase scenario as well as property specific mail-merge fields. We will assist the
City with finalizing the notice and ballot to be mailed by reviewing the City's proposed notice(s)
and ballot(s), and providing recommendations for possible modifications, particularly for those
portions of the documents that incorporate merged fields from the source-mailing database.
However, it should be noted that our proposed fee quote for this project assumes that the
documents to be printed and mailed will be generally the same as those approved by the City for
the previous mailings, and that only ~;n;~o 1 modifications to the documents will be required. If
significantly more infonnation needs to be merged into these documents or additional versions
of the documents are required for the project, our fee quote may be modified for the additional
effort associated with these variables.
6. MuniFinancial will coordinate the preparation, mail-merge and processing of the notice of Public
Hearing documents, and the ballot and notice of election instructions documents provided by
the City. After finalizing these documents and establishing the mail-merge data, MuniFinancial
will provide the City with samples of the final proof documents to be printed for their review
prior to the actual mailing.
7. MuniFinancial shall cause the printing and mailing of the approved notices and ballots to the
affected property owners within Service Level C based on available parcel and property owner
information from the County Assessor's Office secured roll. For efficiency reasons, the actual
printing and ~o;l;n:l of these documents will be out-sourced to the same company that has
historically printed and mailed the TCSD's annual Public Hearing notices on behalf of
MuniFinancial. An estimate of the cost to print and mail these documents is included in our fee
quote, however MuniFinancial will invoice the City for the actual cost of printing and mailing
the notices and ballots at our cost. (The estimate of the cost to print and mail these documents is
based on previous services provided by the out -source company (W estern Graphics) and that
two separate mailings of approximately 13,450 parcels each.)
8. As a double check of the Ballot mailing, at the City's request, MuniFinancial will create a
"dummy -record" assigned to the City for each version of the notice and ballot documents.
When the actual mailings occur, the City will be mailed "sample notices" and "sample ballots"
for each version of the respective notices and ballots (addressed to a member of the TCSD
staff). This process will allow the City to confirm that the ballots and supporting documents
were properly printed and processed.
9. In cooperation with the Board Secretary/City Clerk, MuniFinancial will assist with the tabulation
of all retuned ballots if the City authorizes the use of our bar-coding system for the ballots
mailed. MuniFinancial has developed proprietary software that utilizes bar-coding fields on the
ballots, allowing us to tabulate approximately 400 to 700 ballots per hour. This software not only
expedites the balloting tabulation, it provides an electronic tracking and summary of the ballots
tabulated. MuniFinancial anticipates providing up to three staff members for an entire day to
tabulate the returned ballots the day after the election is closed and the ballots are to be counted.
While there is no way to anticipate how many ballots the City will receive, it is probably a safe
assumption that approximately half of the ballots will be returned. With the assistance of City
staff we estimate that this number of ballots can be opened and tabulated in a single eight to
twelve hour day, which is reflected by our fee proposal. MuniFinancial will provide the balloting
II MuniFinancial
Page 3
results to the Board Secretary I City Clerk once tabulation is complete for their review and
certification.
1 o. We will be available by telephone to answer questions regarding the project from City staff
during the course of the project.
~
EXHIBIT B
Fees for Services
MuniFinancial will provide the services described herein for the following fees. These fees include all
expenses associated with the project (excluding postage), but the fees for printing and processing of
the documents to be mailed is only an estimate of the costs based on the type and number of pieces
for each mailing and the approximate 13,450 parcels. Actual printing and processing costs will be
billed to the City at our cost.
Additional meetings or tasks outside our proposed scope of work will require an additional fee.
Prepare and update the Mailing Data, Notice and
Ballot Documents and Coordinate the Mailing Pracess
Assist with Ballot Tabulation
Sub-Total MuniFinancial Services I
Estimated Printing & Processing of the Notice of
Public Hearing (1)
$ 8,580
4.080
$12,660
$ 9,400
Estimated Printing & Processing of the Ballots, Notice
of Election & Instructions (2)
Sub-Total Estimated Printing & Processing Fees I
Total Estimate Cost I
13.450
$22,850
$35,510
(1) Assumes this mailing will include: a generic Notice of Public Hearing printed on two 8.5 x 11 double-sided pages (both an
English and Spanish version); and, a mail-merged attachment printed on one 8.5 x 11 double-sided page that is English
on one side and Spanish on the other. (TotalS pieces)
(2) Assumes this mailing will include: the Notice of Election printed on one 8.5 x 11 doubleHsided page (both an English and
Spanish version); the Ballot Instructions printed on one 11 x 17 double-sided page (both an English and Spanish version);
and, the Ballot printed on one 8.5 x 11 double-sided page (with English on one side and Spanish on the other); plus a
return envelop for the ballot. (Total of 6 pieces). (If postage is to be included in the return envelop, the City will coordinate
and provide the artwork to print the return indicia and arrange for and pay such postage separately.)
Our fee assumes the following:
. Our fee is based on an estimated 13,450 parcels being noticed and balloted. Increases to the
number of parcels may result in a corresponding increase to our fees.
. The fees above include an estimate of the printing, processing and mail drop-off fOr the notices, ballots and
related dncuments. These estimated fees for each of the two proposed ~";1;n3S are itemized
separately above for reference purposes, but will be billed to the City of Temecula at our cost,
with no overhead markup.
. The fees above do not include postage for the mailing of the notices, ballots and related
documents or postage for the returned ballots. The City will be responsible for paying all
postage costs directly to the postmaster general or through other arrangements made outside
Page 5
II MuniFinancial
this scope of services and fees. The First Class postage for the two proposed mailings is
estimated to be $13,050, based on the number of pieces in each mailing and the fact that both
mailings will likely exceed the i-ounce weight limit for regular postage and the postage rate for a
2-ounce weight per piece will be required.
. The fees above do not include our attendance at any staff meetings or Board of Director's
Meetings. We will however, participate and attend City staff meetings and/or Board of
Director's Meetings as requested by the City (schedules permitting) as optional services and for
an additional fee.
. Telephone conference calls are not considered "meetings" for the purpose of our proposal and
are not limited by our scope of services.
Invoicing
We will invoice the City of Temecula montWy based on percentage of project completion.
Additional Services
Additional Services may be authorized and will be billed at our then-current hourly consulting rates.
Our current hourly rates are:
Division Manager
Principal Consultant
Senior Project Manager
Project Manager
Senior Project Analyst
Senior Analyst
Analyst
Analyst Assistant
Property Owner Services Representative
Support Staff
$200
190
155
135
120
110
90
75
50
45
\
. MuniFinancial
Page 6
REDEVELOPMENT
AGENCY
Ii
-
I.
ITEM NO. 12
I
I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
SEPTEMBER 11, 2007
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:27
p.m., at the Temecula Duck Pond at 28250 Rancho California Road, Temecula, California.
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerchero, Naggar, Roberts,
Washington, Edwards
ABSENT:
o
AGENCY MEMBERS:
None.
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No reports at this time.
RDA CONSENT CALENDAR
14 Minutes
RECOMMENDATION:
14.1 Approve the minutes of August 28, 2007.
15 Financial Statements for the Fiscal Year Ended June 30. 2007
RECOMMENDATION:
15.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007;
15.2 Approve an increase of $615,700 for property tax increment in the Debt Service
Fund;
15.3 Approve an appropriation of $200,000 for pass-through agreements in the Debt
Service Fund.
MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency
Member Edwards seconded the motion and voice vote reflected unanimous aooroval.
RDA EXECUTIVE DIRECTORS REPORT
No reports at this time.
R:\Minutes\091107
RDA AGENCY MEMBERS REPORTS
No reports at this time.
RDA ADJOURNMENT
At 7:28 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, September 25, 2007, at 5:30 p.m. for Closed Session, with regular session
commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula,
California
Maryann Edwards, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\091107
2
RDA DEPARTMENTAL
REPORT
Ii
-
I.
ITEM NO. 13
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
/1/2
(J(,v
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
September 25, 2007
SUBJECT:
Redevelopment Departmental Monthly Report
Attached for your information is the monthly report as of September 25,2007 for the Redevelopment
Department.
First Time Homebuyers Program
Funding in the amount of $100,000 is available for FY 07 -08.
Residential Improvement Programs
The program budget for FY 07-08 is $350,000, with $36,900 funded on 7 units. The amount
available to each participant is$7500.
Habitat for Humanity
Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity 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 5 new single-family detached homes. The
houses are arranged along Pujol Street and a private lane. The preliminary grading permit has been
issued and rough grading has been completed. Off site improvements are under construction. A
tentative tract map has been approved for the adjacent property for two additional single family
detached homes.
Dalton Mixed-Use II
On May 28, 2005, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project consists of 24 units and over 5,000 sq. ft.
of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes.
Construction is completed and all 24 apartment units have been leased. The tenant improvements
are underway on the commercial units.
Dalton Mixed-Use III
On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project will consist of 22 units over 4,700 sq. ft.
of retail/commercial. Vertical construction has begun. It is estimated that construction will be
completed in the fall of 2007. The project is located on the north side of Fifth Street, west of
Mercedes.
Facade Improvement/Non-Conforming Sign Program
The following facade improvement/sign projects are in process or have recently been completed:
Palomar Hotel
- Paint Exterior, New Windows and Doors
La Menagerie
- Design and Install Wood Blasted Signs
Chaparral Center Building
- Sign Program
Old Town Promotions/Marketing
Hot Summer Niahts/Quilt Show/Howl-o-ween in Old Town
Hot Summer Nights concluded on August 31 with the Bayou Brothers, Two of Us +1 Band, Viento
Libre performing on the Pan Flute, and the sounds of bluegrass from the Silverado Band. kwards,
The weekend also included craft and food vendors.
The Quilt Show will be held in Old Town Temecula on Saturday October 6, 2007from 10:00 a.m. -
4:00 p.m. The event is sponsored by Valley of the Mist Quilters Guild and The City of Temecula.
Over 150 quilts will be hung along porches and eaves of business on Old Town Front Street
between Moreno Road and Santiago Road. In addition, there will be a Small Quilt Silent Auction, a
Large Quilt Live Auction and new this year, Quilts for Sale. Both auctions will be held in the Old
Town Community Theater Courtyard. The featured Quilter is Lyn Mann. Admission is free and all
proceeds to benefit Hugs Foster Family Agency.
Howl-o-ween in Old Town will be held on October 27 & 28, 2007. The weekend will include trick or
treating at participating businesses throughout Old Town. It's a full day of goulish fun with Rosa's
Cantina pumpkin toss, pumpkin decorating, face painting and costume contests. In addition, the pet
costume contest will be held on Saturday, 1 p.m. at Sam Hicks Park and the 7th Annual Costume
Walk Contest on Sunday at 3 p.m. at Butterfield Square on Front Street. The weekend will also
include Dynamite Dave, that Wild West Zombie with a ghostly past.
Other upcoming events will include Erie Stanley Gardner November 2, 3, & 4 and Dickens of a
Christmas November 24 - December 23.
Old Town Temecula
Outdoor Quilt
Show
- ~.
.~ Saturday, October 6, 2007
- Sponsored by: Valley of the Mist Quilters Guild
and
The City of Temecula
Over 150 quilts will be hung along porches and eaves
oC businesses on "
Old Town-Front Street between Moreno Road and Santiago Road
Small Quilt Silent Auction
Large Quilt Live Auction
New this year: Quilts for Sale '-
'"
J
Look Cor both auctions in the Old Town Community Theater Courtyard located at
42051 Main Street
Featured Quilter: Lyn Mann
http:j jwww.quiltsbylyn.com
Hours: 10:00 am - 4:00 pm Admission: Free
Proceeds to benefit Hugs Foster Family Agency
1-15 to Exit Rancho CaliCornia Rd.
West to Old Town-Front St.
South on Old Town-Front St.
Inquiries to:
Ivtoqlt@hotmail.com or (951) 694-6412
visit www.valleyofthemistquilters.com
~,.I,. H",~l-<1
4;.v-.J.~l=~
t.1..J....n.lt::L"
~~~:~~~~ 6th Annual Erie Stanley Gardner
Short Story
Mystery Writing Contest
Part oflhe Murder Mysiery Weekend November 2-4, 2007
Old Town Temecula
Sponsored by the City of Temecula,
Rosenstein & Hitzeman, AAPLC,
and
The Californian
Rules:
1. A cover page must be attached to each story, including the story name, the name and address of the author,
telephone number, contest category (middle school, high school, adult), approximate word count and e-mail
address if applicable.
2. The author's name should not appear beyond the cover sheet. The story title should appear on all pages of
the manuscript. The contest is run on a blind review and judges do not see the entrant's name until winners
are chosen
3. All entries must be typed and double spaced on one side of 8-1/2 x 11 paper. Winning entries must later be
submitted in a Word or Word Perfect document format.
4. l\1anuscripts will not be returned.
5. Stories that have been published previously are not eligible.
6. Story should not exceed 1,000 words for middle school entries, 1,500 words for high school entries, and
2,500 words for adult entries. No adult themes ---- which includes excessively foul language. Submission
should be no more than PG-13 rated and should be suitable for reading by anyone.
7. Only one entry per person will be accepted and it must be the creation of that person in whose name it is
submitted.
8. Professional writers (those who make at least half of their income writing fiction) and teachers of creative
writing at the college level are not eligible to enter.
9. Stories should be of the mystery genre and include references to historical buildings and! or people, living or
dead, of the Temecula Valley.
10. All work must be original work written by the applicant. Should work be discovered as a copy or contain
plagiarized material, applicant/writer and his work will be disqualified.
11. Entries must be received by Oct. 12,2007. Submit all entries to the Erie Stanley Gardner Short Story
Writing Competition, City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033 or bring to City
Hall, care of the Redevelopment Agency, at 43200 Business Park Drive, Temecula, CA, 92590. The
Sponsors are not responsible for late, stolen, incomplete, illegible or misdirected mail or submissions.
12. Winning entries in the adult category will receive: $200 for first place, $100 for second place, and $50 for
third place. Winning entries in the school categories will receive $100 gift certificates for first place in
both Middle and High School category, $75 gift certificates for second place and $50 gift certificates for
third place.
13. Only first place entries will be published in The Californian and the author will receive no remuneration
from that newspaper for publishing those entries.
14. Any entry that does not conform to these rules will not be entered into the contest.
15. Winners will be invited to accept their awards on Nov 4,2007 at the Old Town Temecula Community
Theater at 42051 Main Street for the conclusion of the Erle Stanley Gardner Mystery Weekend.
Performance begins at 3 p.m. Awards to follow.
PUBLIC HEARING
Ii
-
I.
ITEM NO. 14
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
ell
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
September 25, 2007
SUBJECT:
Proposed Noise Ordinance adding Chapter 9.2 to Title 17 of the Temecula
Municipal Code
PREPARED BY:
Emery J. Papp, Senior Planner
RECOMMENDATION:
That the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.20 TO THE TEMECULA
MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR
REGULATING NOISE
BACKGROUND: On April 12, 2005, the Temecula City Council adopted a
comprehensive update of the Temecula General Plan. The General Plan includes a Noise Element
which contains goals and policies aimed at reducing the impacts of ambient noise in the built
environment. These goals and policies strive to minimize noise impacts by setting maximum
acceptable noise levels and requiring the community to maintain acceptable noise standards.
However, the City has not adopted a nuisance Noise Ordinance, making it difficult for enforcement
officials to cite individuals who create or contribute to nuisance noises.
The number of nuisance noise complaints received by the City has grown each year and the City
Council has received reports of threats or vandalism against citizens who have asked their
neighbors to keep the noise down or have reported them to enforcement officials. In response to
these concerns the City Council directed staff to prepare a new Noise Ordinance that specifically
addresses nuisance noises and enforcement. The City Council also appointed a Noise
Subcommittee consisting of Mayor Chuck Washington and Council Member Maryann Edwards to
work with staff in the preparation of the new Noise Ordinance. The Noise Subcommittee met on
January 24, 2007, April 3, 2007, and May 16, 2007.
The proposed Noise Ordinance was presented to the Planning Commission on June 6, 2007. The
Planning Commission expressed several concerns with the proposed Noise Ordinance. During
public comments, additional concerns were raised which prompted the Planning Commission to
continue the item and direct staff to revise the draft Ordinance and respond to these concerns.
These issues are identified in the September 5, 2007 Planning Commission Staff Report
(Attachment No.2, pages 1 and 2).
A joint City Council/ Planning Commission Noise Subcommittee meeting was held on July 24,2007.
The meeting was noticed as a Public Meeting and members of the public were present. A general
consensus was reached regarding the need to adopt a new Noise Ordinance, but additional issues
were brought up by members of the public who attended the meeting. These issues are identified in
the September 5, 2007 Planning Commission Staff Report (Attachment No.2, page 2).
After the joint Noise Subcommittee meeting staff worked with the City Attorney to revise the draft
Noise Ordinance to address the remaining concerns. On August 1, 2007, staff met with the
Planning Commission Noise Subcommittee, Temecula Police Department and Code Enforcementto
go over the proposed revisions. Some additional feedback was received and has been included in
the draft Noise Ordinance.
The revised draft noise Ordinance was presented to the Planning Commission on September 5,
2007. The Planning Commission was pleased with the changes to the draft noise Ordinance, but
expressed a concern regarding the Special Standards for Barking Dogs and Keeping of Noisy
Animals. The concern was with how to achieve compliance from repeat offenders if the duration of
the offending noise was less than 30 minutes per occurrence. In addition, staff requested that an
exemption for civic events held on public or private property be added back into the draft Noise
Ordinance. Without such an exemption, staff would need to process approximately 50 Temporary
Use Permits annually to continue holding these events. This would be time consuming for staff and
there would be no reimbursement for staff time because fees are not collected for City sponsored
applications. The Planning Commission concurred and moved to recommend approval of the
Ordinance with the proposed change for civic events and a proposed revision to address
enforcement of repeat noisy animal offenses.
After the September 5, 2007 Planning Commission meeting, staff revised section 9.20.030
Exemptions, by adding an exemption for City sponsored events. In conjunction with the City
Attorney, staff also revised section 9.20.060 E. Barking Dogs and Keeping of Noisy Animals,
responding to concerns expressed by Commissioner Harter. The scope of the changes to Section
9.20.060 E. include adding prohibitive language that ties the offense to an individual person, adding
a definition for "disturbing or offensive noise," listing the types of offenses in bullet format, and
adding a third offense which responds to the concern of repeat offenders.
ENVIRONMENTAL DETERMINATION: Staff has determined that Ordinance No. 07-_
(Ordinance Regulating Noise) is exempt from the requirements of the California Environmental
Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3)
because it can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment. The Ordinance will have no adverse environmental affects
because it will reduce the public's exposure to loud ambient noise levels and nuisance noise.
FISCAL IMPACT: Purchase of noise measuring devices, purchase of noise measuring
device calibration equipment, staff training and staff time for enforcement.
ATTACHMENTS:
Proposed CC Ordinance No. 07-
September 5, 2007 Planning Commission Staff Report
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 9.20 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING
CITYWIDE STANDARDS FOR REGULATING NOISE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 9.20 is hereby added to the Temecula Municipal Code to
read as follows:
"CHAPTER 9.20 NOISE
9.20.010 Intent. At certain levels, sound becomes noise and may jeopardize
the health, safety or general welfare of City residents and degrade their quality of life.
This Chapter is intended to establish citywide standards to regulate noise. This Chapter
is not intended to establish thresholds of significance for the purpose of any analysis
required by the California Environmental Quality Act. No such thresholds are hereby
established.
9.20.020 Definitions. Whenever used in this Chapter, the following terms
shall have the following meanings:
A. "Animal" means any bird, cat, dog, goat, horse, burro or donkey.
B. "Audible" means capable of being heard by a person without the use or
aid of an amplified hearing device.
C. "Audio Equipment" means a television, stereo, radio, tape player, compact
disc player, MP3 player, ~ Pod or other similar device.
D. "City Manager" means the City Manager or his or her designee.
E. "Decibel" means a unit (dB) for measuring the relative amplitude of a
sound equal approximately to the smallest difference normally detectable by the human
ear, the range of which includes approximately 130 decibels on a scale beginning with
zero decibels for the faintest detectable sound. Decibels are measured with a sound
level meter using different methodologies as defined below:
1. A-weighting (dBA) means the standard A-weighted frequency
response of a sound level meter, which de-emphasizes low and high frequencies of
sound in a manner similar to the human ear for moderate sounds.
2. Community Noise Equivalent Level (CNEL) means a 24-hour
energy equivalent level derived from a variety of single-noise events, with weighting
factors of 5 and 10 dBA applied to the evening (7 p.m. to 10 p.m.) and nighttime (10
p.m. to 7 a.m.) periods, respectively, to allow for the greater sensitivity to noise during
these hours.
3. Ldn means Day-Night Average Sound Level. The A-weighted
average sound level for a given area (measured in decibels) during a 24-hour period
with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately
numerically equal to the CNEL for most environmental settings.
4. Maximum Sound level (Lmax) means the maximum sound level
measured on a sound level meter.
F. "Governmental Agency" means the United States, the State of California,
the County of Riverside, the City of Temecula, or any combination of these agencies.
G. "Motor Vehicle" means a vehicle that is self-propelled.
H. "Noise" means any loud, discordant, raucous or disagreeable sound.
I. "Occupied Property" means any property upon which is located a
residence, business or industrial or manufacturing use.
J. "Power Tools or Equipment" means any mechanical, electrical or
pneumatic device used to perform or facilitate manual or mechanical work.
K. "Public Property" means property owned by a governmental agency or
held open to the public, including, but not limited to, parks, streets, sidewalks, parking
lots and alleys.
L.
instruction at
college level.
"Public or Private School" means an institution conducting academic
the preschool, elementary school, junior high school, high school, or
M. "Sensitive Receptor" means a land use that is identified as sensitive to
noise in the Noise Element of the Riverside County General Plan and the Noise
Element of the Temecula General Plan, including, but not limited to, residences,
schools, hospitals, churches, rest homes, cemeteries or public libraries.
N. "Sound Amplifying Equipment" means a loudspeaker, microphone,
megaphone, stereo equipment, portable radio, boom box, any musical instrument
amplified by an electrical device, or other similar device.
O. "Sound Level Meter" means an instrument meeting the standards of the
American National Standards Institute for Type 1 or Type 2 sound level meters or an
instrument that provides equivalent data.
9.20.030 Exemptions. Sound emanating from the following sources is
exempt from the provisions of this Chapter:
A. Facilities owned or operated by or for a governmental agency.
B. Community Events on public or private property hosted or sponsored by
the City.
C. Capital improvement projects of a governmental agency.
D. The maintenance or repair of public properties.
E. Public safety personnel in the course of executing their official duties,
including, but not limited to, sworn peace officers, emergency personnel and public
utility personnel. This exemption includes, without limitation, sound emanating from all
equipment used by such personnel, whether stationary or mobile.
F. Public or private schools and school-sponsored activities.
G. Property maintenance, including, but not limited to, the operation of
lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours
of 7 a.m. and 8 p.m.
H. Motor vehicles, other than off-highway vehicles. This exemption does not
include sound emanating from motor vehicle sound systems.
I. Heating and air conditioning equipment.
J. Safety, warning and alarm devices, including, but not limited to, house and
car alarms, and other warning devices that are designed to protect the public health,
safety, and welfare.
K. The discharge of firearms consistent with all State laws.
9.20.040 General Sound level Standards. No person shall create any
sound, or allow the creation of any sound, on any property that causes the exterior
sound level on any other occupied property to exceed the sound level standards set
forth in Tables N-1 and N-2.
TABLE N-1
TEMECULA lAND USE /NOISE STANDARDS
Property Receiving Noise
Type of Use
Residential
Commercial and
Office
Light Industrial
Public/lnstitutional
Open Space
Land Use
Designation
Hillside
Rural
Very Low
Low
Low Medium
Medium
High
Neighborhood
Community
Highway Tourist
Service
Professional Office
Industrial Park
Schools
All others
Vineyards/Agriculture
Open Space
Maximum Noise level
(ldn or CNEl, dBA)
Interior
Exterior
45
65
45
45
65/70'
70'
70
50
55
50
50
70
75
65
70
70
70/652
Maximum exterior noise levels up to 70 dB CNEL are allowed for Multiple-Family
Housing.
2 Where quiet is a basis required for the land use.
3 Regarding aircraft-related noise, the maximum acceptable exposure for new
residential development is 60 dB CNEL.
TABLE N-2
NOISE/LAND USE COMPATIBILITY MATRIX
Community Noise Exposure
Land Use (Ldn or CNEL)
55 60 65 70 75 80
Residential'
Transient Lodging - Motel,
Hotel
Schools, Libraries,
Churches, Hospitals,
Nursing Homes
Auditoriums, Concert Halls,
Amphitheaters'
Sports Arena, Outdoor
Spectator Sports'
Playgrounds, Parks
Golf Course, Riding
Stables, Water Recreation,
Cemeteries
Office Buildings, Business
Commercial, and
Industrial, Manufacturing,
Utilities, Agriculture
Source: Modified from 1998 State of California General Plan Guidelines.
1. Regarding aircraft-related noise, the maximum acceptable exposure for new residential development is
60dB CNEL.
2. No normally acceptable condition is defined for these uses. Noise studies are required prior to approval.
D Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any
buildings involved meet conventional Title 24 construction standards. No special noise insulation
requirements.
D Conditionally Acceptable: New construction or development shall be undertaken only after a detailed
noise analysis is made and noise reduction measures are identified and included in the project design.
D Normally Unacceptable: New construction or development is discouraged. If new construction is
proposed, a detailed analysis is required, noise reduction measures must be identified, and noise
insulation features included in the design.
I Clearly Unacceptable: New construction or development clearly should not be undertaken.
9.20.050 Sound level Measurement Methodology. The actual location of
a sound level measurement shall be at the discretion of the enforcement officials
identified in Section 9.20.080 of this Chapter. Sound level measurements shall be
made with a sound level meter. Immediately before a measurement is made, the sound
level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of
the American National Standards Institute. Following a sound level measurement, the
calibration of the sound level meter shall be re-verified. Sound level meters and
calibration equipment shall be certified annually.
9.20.060 Special Sound Sources Standards. The general sound level
standards set forth in Section 9.20.040 of this Chapter apply to sound emanating from
all sources, including the following special sound sources, and the person creating or
allowing the creation of the sound is subject to the requirements of that section. The
following special sound sources are also subject to the following additional standards.
Failure to comply will constitute separate violations of this ordinance.
A. Power Tools and Equipment. No person shall operate any power tools or
equipment between the hours of 10 p.m. and 7 a.m. such that the power tools or
equipment are audible to a person located inside an occupied building.
B. Audio Equipment. No person shall operate any audio equipment as
described in 9.20.020(B), whether portable or not, between the hours of 10 p.m. and 7
a.m. such that the equipment is audible to a person located inside an occupied building.
C. Sound Amplifying Equipment or Live Music.
1. It is unlawful for any person to cause, allow or permit the emission or
transmission of any loud and raucous noise from any sound-making, sound-amplifying
device or live music under his control or in his possession:
a. Upon any private property
b. Upon any public street, alley, sidewalk or thoroughfare
c. In or upon any public park or other public place or property
2. The words "loud and raucous noise," as used in this section, shall mean
any sound having such intensity or carrying power as to unreasonably interfere with the
peace and quiet of other persons, or as to unreasonably annoy, disturb, impair or
endanger the comfort, repose, health or safety of other persons.
3. The determination of whether a sound is "unreasonable," as used in
paragraph 2 of subsection C of this section, shall involve the consideration of the level
of noise, duration of noise, constancy or intermittency of noise, time of day or night,
place, proximity to sensitive receptors, nature and circumstances of the emission or
transmission of any such loud and raucous noise.
D. Construction. No person shall engage in or conduct construction activity,
when the construction site is within one-quarter mile of an occupied residence, between
the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday, and shall only engage in
or conduct construction activity between the hours of 7 a.m. and 6:30 p.m. on Saturday.
Further, no construction activity shall be undertaken on Sunday and nationally
recognized holidays. Public works projects of any federal, state or local entity or
emergency work by public utilities are exempt from the provisions of this subsection D.
Residents working on their homes or property are exempt from the prohibition of
construction activities on Sundays and holidays but must comply with the hourly
restrictions set forth for Saturday when working on Sundays and holidays. The city
council may, by formal action, exempt projects from the provisions of this chapter.
E. Barking Dogs and Keeping of Noisy Animals.
1. No person having charge, care, custody or control of any animal
shall permit such animal to emit any disturbing or offensive noise. The words
"disturbing or offensive noise," as used in this section shall mean any noise from an
animal that barks, bays, cries, whines, howls, screeches or makes any noise for an
extended period of time whether day or night, regardless of whether the animal is
physically situated in or upon private property. Such person is deemed to be in violation
of this section if any of the following conditions exist:
a. The animal emits disturbing or offensive noise incessantly for 30
minutes or more in any 24-hour period; or
b. The animal emits disturbing or offensive noise intermittently for 60
minutes or more during any 24-hour period; or
c. Enforcement officials witness such disturbing or offensive noise
from the same property on three or more occasions during any 30-
day period of time.
An animal is not considered to be emitting disturbing or offensive noise for purposes of
this article if, at any time the animal is making noise due to a person or other animal that
is trespassing or threatening to trespass upon private property in or upon which the
animal is situated, or when the animal is being teased or provoked.
2. Evidence of said disturbing or offensive noise shall be made by
direct observation of an enforcement official present on site responding to a complaint
from a neighbor, or a complaint form may be signed by a minimum of two neighboring
property owners and submitted to an enforcement official.
3. Nothing in this chapter shall establish standards for private civil
claims, in either civil court or small claims court, nor shall this chapter preclude any
person from pursuing a private civil action in either civil or small claims court.
9.20.070 Exceptions. Exceptions may be requested from the standards set
forth in Sections 9.20.040 (General Sound Standards) or 9.20.060 (Special Sound
Sources Standards) of this Chapter and may be characterized as construction-related or
single event exceptions.
A. Application and Processing.
1. Construction-Related Exceptions. An application for a Construction
Related Exception shall be made on a Minor Exception form provided by the Building
and Safety Department and shall be accompanied by the appropriate filing fee. No
Public Hearing is required.
2. Temporary Use Permit. An application for a Single Event
Exception shall be made using the Temporary Use Permit application provided by the
Planning Department and shall be accompanied by the appropriate filing fee. No
Public Hearing is required.
B. Requirements for Approval. The Director of Planning or his or her
designee shall not approve a Minor Exception Application or Temporary Use Permit
unless the applicant demonstrates that the activities described in the application would
not be detrimental to the health, safety or general welfare of the community. In
determining whether activities are detrimental to the health, safety or general welfare of
the community, the Director of Planning or his or her designee shall consider such
factors as the proposed duration of the activities and their location in relation to
sensitive receptors. If a Minor Exception Application or a Temporary Use Permit is
approved, reasonable conditions may be imposed to minimize the public detriment,
including, but not limited to, restrictions on sound level, sound duration and operating
hours.
C. Appeals.
1. Construction-Related Exception. Any person aggrieved by or
dissatisfied with the Planning Director's decision on an application for a Construction-
Related Exception may appeal from such action by filing an appeal according to the
procedures set forth in Section 17.03.090 of the Temecula Municipal Code.
2. Temporary Use Permit. Any person aggrieved by or dissatisfied
with the Planning Director's decision on an application for a Temporary Use Permit may
appeal from such action within 15 calendar days of the action by filing an appeal
according to the procedures set forth in Section 17.03.090 of the Temecula Municipal
Code.
9.20.080
Enforcement.
A. The City Manager and his or her designee, including but not limited to
police officers, code enforcement officers, park rangers or other enforcement officials
shall have the authority to enforce the provisions of this Chapter.
B. Any person who violates any provision of this Chapter is guilty of a
misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the
Temecula Municipal Code.
C. Any person who violates any provision of this Chapter shall be subject to
the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code.
D. Nothing in this Chapter shall be intended to limit any of the civil or criminal
remedies available to the City, nor shall it be intended to limit the City from engaging in
efforts to obtain voluntary compliance by means of warnings, notices, administrative
citations or educational programs.
9.20.090 Duty to Cooperate. No person shall refuse to cooperate with, or
obstruct, the enforcement officials identified in Section 9.20.080 of this Chapter when
they are engaged in the process of enforcing the provisions of this Chapter. This duty
to cooperate may require a person to extinguish a sound source so that it can be
determined whether sound emanating from the source violates the provisions of this
Chapter.
Section 2. PRIOR ORDINANCE. The provIsions of Chapter 9.20 shall
supersede the provisions of any ordinances in conflict therewith adopted by reference in
Chapter 1.08 of the Temecula Municipal Code.
Section 3. SEVERABILITY. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 4. EFFECTIVE DATE. This ordinance shall take effect 30 days after
its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , 2007, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
il
'\.
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
ORIGINAL
TO: Planning Co.mmission
FROM: Emery J. Papp, AICP, Senior Planner
DATE: September 5,2007
SUBJECT: Proposed Noise Ordinance adding Chapter 9.2 to Title 17 of the
Temecula Municipal Code
BACKGROUND
On April 12, 2005, the Temecula City Council adopted a comprehensive update of the
Temecula General Plan. The General Plan includes a Noise Element which contains
goals and policies aimed at reducing the impacts of ambient noise in the built
environment. These goals and policies minimize noise impacts by setting maximum
acceptable noise levels and requiring the community to maintain acceptable noise
standards. However, the City has not adopted a nuisance Noise Ordinance, making it
difficult for enforcement officials to cite individuals who create or contribute to nuisance
noises.
The number of nuisance noise complaints received by the City Council has grown each
year. Furthermore, the City Council has received reports of threats and vandalism
against citizens who have asked their neighbors to keep the noise down or have
reported them to enforcement officials. These concerns prompted the City Council to
direct staff to prepare a new Noise Ordinance that specifically addresses nuisance
noises and enforcement. The City Council appointed a Noise Subcommittee consisting
of Mayor Chuck Washington and Council Member Maryann Edwards to work with
Planning, Code Enforcement and Police staff in the preparation of a new Noise
Ordinance. The Noise Subcommittee met on January 24, 2007, April 3, 2007, and May
16,2007.
The proposed Noise Ordinance was presented to the Planning Commission on June 6,
2007. The Planning Commission had several concerns with the proposed Noise
Ordinance, including:
. Whether or not there was a demonstrated need for a new Noise Ordinance
. Inadequate backgroynd on City Council Subcommittee involvement and, in
particular, the discussions with Police and Code Enforcement staff
. The terms "unreasonable" and "loud and raucous" were not well defined leaving
room for interpretation by enforcement officials
. Enforcement of certain provisions too time consuming and unrealistic, e.g.
waiting 30 to 60 minutes to view animal behavior
. Whether or not government agencies should be exempt from these provisions
G:IPlanningI2007lPA07-0157 Noise OrdinancelPlanninglPC STAFF REPORT 09-05-07.doc
1
. Exceptions from Noise Ordinance provisions should be better defined
. Provisions of Ordinance should be compared to other cities
. The process did not involve the Planning Commission
In addition to the comments made by the Planning Commission, members of the public
spoke against the provisions of the Ordinance citing:
. The need for a time of day exception to play and practice live music, similar to
construction hours
. That a Noise Control Ordinance already exists
The Planning Commission unanimously voted to continue the public hearing, directed
staff to address the above concerns, and requested involvement in future discussions
with the City Council Subcommittee.
Staff worked with the City Attorney to revise the proposed Noise Ordinance and a City
Council Subcommittee meeting was held on July 24,2007. This meeting also included a
Planning Commission Noise Subcommittee consisting of Chairman Dennis Chiniaeff and
Commissioner Ron Guerriero. The meeting was noticed as a Public Meeting. While a
general consensus was reached regarding the need to adopt a new Noise Ordinance,
additional issues brought up by members of the public who attended the meeting as still
needing to be addressed included:
. Inequities relating to governmental exemptions for civic events
. Impact is greater on small lot development than larger lot development
. Impact to band and individual practice of music
. Violations constitute a misdemeanor
Once again, staff worked with the City Attorney to revise the draft Noise Ordinance to
address these concerns. On August 1, 2007, staff met with the Planning Commission
Noise Subcommittee, Temecula PD and Code Enforcement to go over the proposed
revisions. Some additional feedback was received and has been included in the draft
Noise Ordinance. The following changes have been made to the draft Noise Ordinance
since the June 6, 2007 Planning Commission hearing:
. Section 9.20.020 B. A new definition for the term "Audible" has been added
. Section 9.20.020 J. A new definition for the term "Power Tools or Equipment"
has been added
. Section 9.20.020 K. The definition for the term "Public Property" has been
revised to include parking lots
. Section 9.20.020 N. The definition for the term "Sound Amplifying Equipment"
has been revised to include any musical instrument amplified by an electrical
device
. Section 9.20.030 Exemptions. City sponsored events on public or private
property have been removed from the list of exemptions
G:\Planning\2007IPA07-0157 Noise OrdinancelPlanninglPC STAFF REPORT 09-05-07.doc
2
. Section 9.20.060 A. Power Tools and Equipment. This section has been revised
to be more concise and remove the distance requirement
. Section 9.20.060 B. Audio Equipment. This section has been revised to be
more concise and remove the distance requirement
. Section 9.20.060 C.2. The definition for the term "loud and raucous" has been
revised to be more clear and concise
. Section 9.20.060 C.2. The definition for the term "unreasonable" has been
expanded to be clearer
Issues Considered but not Included in the draft Noise Ordinance
1. Deleting sections of the proposed Noise Ordinance (e.g. Keeping of Noisy
Animals) because of perceived enforcement concerns was rejected because
protecting citizens' rights to the quiet enjoyment of their property is deemed more
important than impacts on enforcement officials.
2. The need for a time of day exception to play and practice live music was rejected
because under the proposed standard, there is no time restriction provided the
noise levels are within the levels identified in Table N-1 or Table N-2. A time of
day standard would be more restrictive.
3. Impact is greater on small lot development than larger lot development. This
concept was abandoned because under the current General Plan, noise traveling
across property lines must be within certain limits, regardless of lot size.
4. Adoption of the draft Noise Ordinance will significantly impact band and individual
ability to practice music. This concept was abandoned because under the
proposed provisions live music may continue to be played at any hour of day or
night. However, the volume of the music must be insulated, otherwise contained,
or be within the decibel limits identified in Table N-1, Table N-2 at all times.
5. Violations of the proposed Noise Ordinance will constitute a misdemeanor. This
is true. However, as identified in Section 9.20.080 D., nothing in the draft Noise
Ordinance will prevent the City from engaging in efforts to obtain voluntary
compliance. This provision is consistent with all other similar City Ordinances.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was originally published in the Californian on May 26, 2007.
A second Notice of Public Hearing was published on August 25, 2007 for this Agenda
Item.
ENVIRONMENTAL DETERMINATION
Staff has determined that Ordinance No. 07- (Ordinance Regulating Noise) is
exempt from the requirements of the California Environmental Quality Act ("CEQA")
pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because
it can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment. The Ordinance will have no adverse
G:IPlanningI2007IPA07.0157 Noise OrdinancelPlanninglPC STAFF REPORT 09.05.07.doc
3
environmental affects because it will reduce the public's exposure to loud ambient noise
levels and nuisance noise.
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution recommending that
the City Council approve an Amendment to Title 17 of the Temecula Municipal Code,
adding Chapter 9.2 and establishing Citywide standards for regulating noise.
ATTACHMENTS
1. PC Resolution No. 07-_ (Noise Ordinance) - Blue Page 5
Exhibit A - Proposed CC Ordinance No. 07-
2. June 6, 2007 Planning Commission Minutes - Blue Page 6
3. June 6, 2007 Planning Commission Staff Report - Blue Page 7
4. Public Correspondence - Blue Page 8
5. Notice of Public Hearing - Blue Page 9
G:IPlanningI2007\PA07-0157 Noise OrdinancelPlanninglPC STAFF REPORT 09.05.07.doc
4
ATTACHMENT 1
PC RESOLUTION 07-_
G:IPlanning\2007IPA07.0157 Noise OrdinancelPlanninglPC STAFF REPORT 09.05.07.doc
5
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.20 TO THE TEMECULA
MUNICIPAL CODE ESTABLISHING CITYWIDE
STANDARDS FOR REGULATING NOISE (PLANNING
APPLICATION NO. PA07-0157)"
Section 1. Procedural Findinas. The Planning Cornrnission of the City of
Ternecula does hereby find, deterrnine and declare that:
A. On June 6, 2007 the Planning Cornrnission identified a need to arnend the
adopted Municipal Code to add a new Chapter to the Ternecula Municipal Code
regarding the regulation of noise (Planning Application No. PA07-0157).
B. The Ordinance was processed including, but not Iirnited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on June 6, 2007, at a duly noticed public hearing
as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the June 6, 2007 Planning Commission hearing and
after due consideration of the testimony, the Commission recommended a continuance
of the item for staff to address issues brought forth during the hearing.
E. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
F. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0157 subject.to and based upon the findings set forth hereunder.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
A. The proposed Ordinance is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other ordinance of the
City;
G:IPlannlngI2007IPA07-0157 Noise OrdinancelPlanninglPC RESOLUTION 09.05-07.doC
1
The proposed Noise Ordinance conforms to the City of Temecula General Plan
in that the criteria for establishing reasonable noise levels is identified in the City
of Temecula General Plan Noise Element. Furthermore, the proposed Noise
Ordinance directly responds to Goal 2, Policy 2.1 of the General Plan Noise
Element and Goal 3, Policy 3. 1 of the General Plan Noise Element.
B. The proposed Ordinance is consistent with the Municipal Code and
Development Code for the City of Temecula;
The proposed Noise Ordinance has been designed to be internally consistent
with the Municipal Code and the Development Code in terms of referencing key
components of the City's currently adopted Noise Control Ordinance, which
applies to construction related noise, and enforcement issues.
Section 3. Environmental Comoliance. In accordance with the California
Environmental Quality Act, the proposed Ordinance No. 07-_ (Ordinance Regulating
Noise) is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)
(3) because it can be seen with certainty that there is no possibility that the Ordinance
will have a significant effect on the environment. The Ordinance will have no adverse
environmental affects because it will reduce the public's exposure to the harmful effects
of loud ambient noise levels and nuisance noise. The Planning Commission, therefore,
recommends that the City Council of the City of Temecula adopt a Notice of Exemption
for the proposed ordinance.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. PA07-
0157, a proposed Citywide Noise as set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
G:\Planning\2007\PA07-0157 Noise Ordinance\Planning\PC RESOLUTION 09-05-07.doc
2
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September, 2007.
Dennis Chiniaeff, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th
day of September 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:IPlanning\2007IPA07-0157 Noise OrdinancelPlanninglPC RESOLUTION 09.05.07.doc
3
EXHIBIT A
PROPOSED CC ORDINANCE 07-_
G:IPlanning\2007IPA07-0157 Noise OrdlnancelPlanninglPC RESOLUTION 09.05.07.doc
4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 9.20 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING
CITYWIDE STANDARDS FOR REGULATING NOISE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 9.20 is hereby added to the Temecula Municipal
Code to read as follows:
"CHAPTER 9.20 NOISE
9.20.010 Intent. At certain levels, sound becomes noise and may jeopardize
the health, safety or general welfare of City residents and degrade their quality of life.
This Chapter is intended to establish citywide standards to regulate noise. This Chapter
is not intended to establish thresholds of significance for the purpose of any analysis
required by the California Environmental Quality Act. No such thresholds are hereby
established.
9.20.020 Definitions. Whenever used in this Chapter, the following terms
shall have the following meanings:
A. Animal" means any bird, cat, dog, goat, horse, burro or donkey.
B. "Audible" means capable of being heard by a person without the use or
aid of an amplified hearing device.
C. "Audio equipment" means a television, stereo, radio, tape player, compact
disc player, MP3 player, i-Pod or other similar device.
D. "City Manager" means the City Manager or his or her designee.
E. "Decibel" means a unit (dB) for measuring the relative amplitude of a
sound equal approximately to the smallest difference normally detectable by the human
ear, the range of which includes approximately one hundred thirty (130) decibels on a
scale beginning with zero decibels for the faintest detectable sound. Decibels are
measured with a sound level meter using different methodologies as defined below:
1. A-weighting (dBA) means the standard A-weighted frequency
response of a sound level meter, which de-emphasizes low and high frequencies of
sound in a manner similar to the human ear for moderate sounds.
2. Community Noise Equivalent Level (CNEL) means a 24-hour
energy equivalent level derived from a variety of single-noise events, with weighting
factors of 5 and 10 dBA applied to the evening (7:00 p.m. to 10:00 p.m.) and nighttime
(10 PM to 7 AM) periods, respectively, to allow for the greater sensitivity to noise during
these hours.
3. Ldn means Day-Night Average Sound Level. The A-weighted
average sound level for a given area (measured in decibels) during a 24-hour period
with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately
numerically equal to the CNEL for most environmental settings.
4. Maximum Sound level (Lmax) means the maximum sound level
measured on a sound level meter.
F. "Governmental agency" means the United States, the State of California,
the County of Riverside, the City of Temecula, or any combination of these agencies.
G. "Motor vehicle" means a vehicle that is self-propelled.
H. "Noise" means any loud, discordant, raucous or disagreeable sound.
I. "Occupied property" means any property upon which is located a
residence, business or industrial or manufacturing use.
J. "Power tools or equipment" means any mechanical, electrical or
pneumatic device used to perform or facilitate manual or mechanical work.
K. "Public Property" means property owned by a governmental agency or
held open to the public, including, but not limited to, parks, streets, sidewalks, parking
lots and alleys.
L. "Public or Private School" means an institution conducting academic
instruction at the preschool, elementary school, junior high school, high school, or
college level.
M. "Sensitive Receptor" means a land. use that is identified as sensitive to
noise in the Noise Element of the Riverside County General Plan and the Noise
Element of the Temecula General Plan, including, but not limited to, residences,
schools, hospitals, churches, rest homes, cemeteries or public libraries.
N. "Sound Amplifying Equipment" means a loudspeaker, microphone,
megaphone, stereo equipment, portable radio, boom box, any musical instrument
amplified by an electrical device, or other similar device.
O. "Sound Level Meter" means an instrument meeting the standards of the
American National Standards Institute for Type 1 or Type 2 sound level meters or an
instrument that provides equivalent data.
2
9.20.030 Exemptions. Sound emanating from the following sources is
exempt from the provisions of this Chapter:
A. Facilities owned or operated by or for a governmental agency.
B. Capital improvement projects of a governmental agency.
C. The maintenance or repair of public properties.
D. Public safety personnel in the course of executing their official duties,
including, but not limited to, sworn peace officers, emergency personnel and public
utility personnel. This exemption includes, without limitation, sound emanating from all
equipment used by such personnel, whether stationary or mobile.
E. Public or private schools and school-sponsored activities.
F. Property maintenance, including, but not limited to, the operation of
lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours
of 7:00 a.m. and 8:00 p.m.
G. Motor vehicles, other than off-highway vehicles. This exemption does not
include sound emanating from motor vehicle sound systems.
H. Heating and air conditioning equipment.
I. Safety, warning and alarm devices, including, but not limited to, house and
car alarms, and other warning devices that are designed to protect the public health,
safety, and welfare.
J. The discharge of firearms consistent with all State laws.
9.20.040 General Sound Level Standards. No person shall create any
sound, or allow the creation of any sound, on any property that causes the exterior
sound level on any other occupied property to exceed the sound level standards set
forth in Tables N-1 and N-2.
3
TABLE N-l
TEMECULA LAND USElNOISESTANDARDS
Property Receiving Noise
Type of Use
Residential
Commercial and Office
Light Industrial
Public/Institutional
Open Space
. Land Use Designation
Hillside
Rural
Very Low
Low
Low Medium
I Medium
I High
Neighborhood
Community
Highway Tourist
Service
I Professional Office
Industrial Park
Schools
I All others
I Vineyards/Agriculture
I Open Space
Maximum Noise Level
(Ldn or CNEL, dBA)
Interior
Exterior'
45
65
45
45
65 / 701
701
70
50
55
50
50
70
75
65
70
70
70 /652
1 Maximum exterior noise levels up to 70 dB CNEL are allowed for Multiple-Family Housing.
2 Where quiet is a basis required for the land use.
3 Regarding aircraft. related noise, the maximum acceptable exposure for new residential
development is 60 dB CNEL.
4
55 60
~~~......
I I
~ W///////A
I
I
Schools, Libraries, Churches, I~I~I i i i i i i i i::: :::::::::::::: I I
Hospitals,NursingHomes I ...T........... ~~
1'lllllllddlJ tmlli.... .11........... !F.........
H-t-tt-H-. . . . . r " . . ,,-1+: " r" . . . . .. . : :
~~~~
ll~I~~~ ~~.~
Golf Course, Riding Stables, ~
Water Recreation, Cemeteries I . I _
Office Buildings, Business ~~~ r-
Corrunercial, and Professional I I I r. : . . : . .+H-J . . +Hi. . I
Industrial, Manufacturing, ~~~~ ~'
11.1. II :IIIIIIII~........~,
Utilities, Agriculture 1- ~~
Source: Modified from 1998 State of California General Plan Guidelines.
1. Regarding aircraft-related noise, the maximum acceptable exposure for new residential development is 60dB CNEL.
2. No_ normally acceptable condition is defined for these uses. Noise studies are required prior to approval.
Land Use
Residential!
Transient Lodging ~ Mote~
Hotel
Auditoriums, Concert Halls,
Amphitheaters'
Sports Arena, Outdoor
Spectator Sports'
Playgrounds, Parks
TABLE N-2
NolSElLAND USE COMPATIBILITY MATR.IX
Community Noise Exposure
(Ldn or CNEL)
65 70
..I.::::::::~ I
Ii
................... ...... I
+.. ......
75
80
........................
.........................
........................
.........................
......................
~
~ Normally Acceptable: Specified land use is satisfactory, based upon the asswnption that. any buildings involved
~. meet conventional Title 24 construction standards. No special noise insulation requirements.
~ Conditionally Acceptable: New construction or development shall be undertaken only after a detailed noise
Il:I:a:tI;W analysis is made and noise reduction measures are identified and included in the project design.
~ N onnally Unacceptable: N. ew construction or development is discouraged. If new construction is proposed, a
~ detailed analysis is required, noise reduction measures must be identified, and noise
insulation features included in the design.
. Clearly Unacceptable: New construction or development clearly should not be undertaken.
5
9.20.050 Sound Level Measurement Methodology. The actual location of
a sound level measurement shall be at the discretion of the enforcement officials
identified in Section 9.20.080 of this Chapter. Sound level measurements shall be
made with a sound level meter. Immediately before a measurement is made, the sound
level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of
the American National Standards Institute. Following a sound level measurement, the
calibration of the sound level meter shall be re-verified. Sound level meters and
calibration equipment shall be certified annually.
9.20.060 Special Sound Sources Standards. The general sound level
standards set forth in Section 9.20.040 of this Chapter apply to sound emanating from
all sources, including the following special sound sources, and the person creating or
allowing the creation of the sound is subject to the requirements of that section. The
following special sound sources are also subject to the following additional standards.
Failure to comply will constitute separate violations of this ordinance.
A. Power Tools and Equipment. No person shall operate any power tools or
equipment between the hours of 10:00 p.m. and 7:00 a.m. such that the power tools or
equipment are audible to a person located inside an occupied building.
B. Audio Equipment. No person shall operate any audio equipment as
described in 9.20.020(B), whether portable or not, between the hours of 10:00 p.m. and
7:00 a.m. such that the equipment is audible to a person located inside an occupied
building.
C. Sound Amplifying Equipment or Live Music.
1. It is unlawful for any person to cause, allow or permit the emission
or transmission of any loud and raucous noise from any sound-making, sound-
amplifying device or live music under his control or in his possession:
a. Upon any private property;
b. Upon any public street, alley, sidewalk or thoroughfare; or
c. In or upon any public park or other public place or property.
2. The words "loud and raucous noise," as used in this section, shall
mean any sound having such intensity or carrying power as to unreasonably interfere
with the peace and quiet of other persons, or as to unreasonably annoy, disturb, impair
or endanger the comfort, repose, health or safety of other persons.
3. The determination of whether a sound is "unreasonable," as used
in paragraph 2 of subsection C of this section, shall involve the consideration of the
level of noise, duration of noise, constancy or intermittency of noise, time of day or
night, place, proximity to sensitive receptors, nature and circumstances of the emission
or transmission of any such loud and raucous noise.
6
D. Construction. No person shall engage in or conduct construction activity,
when the construction site is within one-quarter mile of an occupied residence, between
the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday, and shall only engage in
or conduct construction activity between the hours of 7:00 a.m. and 6:30 p.m. on
Saturday. Further, no construction activity shall be undertaken on Sunday and
nationally recognized holidays. Public works projects of any federal, state or local entity
or emergency work by public utilities are exempt from the provisions of this subsection
D. Residents working on their homes or property are exempt from the prohibition of
construction activities on Sundays and holidays but must comply with the hourly
restrictions set forth for Saturday when working on Sundays and holidays. The city
council may, by formal action, exempt projects from the provisions of this chapter.
E. Barking Dogs and Keeping of Noisy Animals.
1. Noisy Animal means any animal that barks, bays, cries, whines,
howls, screeches or makes any noise for an extended period of time whether day or
night, regardless of whether the animal is physically situated in or upon private property.
Such extended period of time shall consist of the above described incessant noise for
thirty (30) minutes or more in any twenty-four-hour period, or intermittent noise for sixty
(60) minutes or more during any twenty-four-hour period. An animal shall not be
deemed a "nuisance animal" for purposes of this article if, at any time the animal is
making noise due to a person or other animal that is trespassing or threatening to
trespass upon private property in or upon which the animal is situated, or when the
animal is being teased or provoked.
2. Evidence of said "incessant noise" shall be made by direct
observation of an enforcement official present on site responding to a complaint from a
neighbor, or a complaint form may be signed by a minimum of two neighboring property
owners and submitted to an enforcement official.
3. Nothing in this chapter shall establish standards for private civil
claims, in either civil court or small claims court, nor shall this chapter preclude any
person from pursuing a private civil action in either civil or small claims court.
9.20.070 Exceptions. Exceptions may be requested from the standards set
forth in Sections 9.20.040 (General Sound Standards) or 9.20.060 (Special Sound
Sources Standards) of this Chapter and may be characterized as construction-related or
single event exceptions.
A. Application and Processing.
1. Construction-Related Exceptions. An application for a Construction
Related Exception shall be made on a Minor Exception form provided by the Building
and Safety Department and shall be accompanied by the appropriate filing fee. No
public hearing is required.
7
2. Temporary Use Permit. An application for a Single Event
Exception shall be made using the Temporary Use Permit application provided by the
Planning Department and shall be accompanied by the appropriate filing fee. No public
hearing is required.
B. Requirements for Approval. The Director of Planning or his or her
designee shall not approve a Minor Exception Application or Temporary Use Permit
unless the applicant demonstrates that the activities described in the application would
not be detrimental to the health, safety or general welfare of the community. In
determining whether activities are detrimental to the health, safety or general welfare of
the community, the Director of Planning or his or her designee shall consider such
factors as the proposed duration of the activities and their location in relation to
sensitive receptors. If a Minor Exception Application or a Temporary Use Permit is
approved, reasonable conditions may be imposed to minimize the public detriment,
including, but not limited to, restrictions on sound level, sound duration and operating
hours.
C. Appeals.
1. Construction-Related Exception. Any person aggrieved by or
dissatisfied with the Planning Director's decision on an application for a Construction-
Related Exception may appeal from such action by filing an appeal according to the
procedures setforth in Section 17.03.090 of the Temecula Municipal Code.
2. Temporary Use Permit. Any person aggrieved by or dissatisfied
with the Planning Director's decision on an application for a Temporary Use Permit may
appeal from such action within fifteen (15) calendar days of the action by filing an
appeal according to the procedures set forth in Section 17.03.090 of the Temecula
Municipal Code.
9.20.080
Enforcement.
A. The City Manager and his or her designee, including but not limited to
police officers, code enforcement officers, park rangers or other enforcement officials
shall have the authority to enforce the provisions of this Chapter.
B. Any person who violates any provision of this Chapter is guilty of a
misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the
Temecula Municipal Code.
C. Any person who violates any provision of this Chapter shall be subject to
the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code.
D. Nothing in this Chapter shall be intended to limit any of the civil or criminal
remedies available to the City, nor shall it be intended to limit the City from engaging in
8
efforts to obtain voluntary compliance by means of warnings, notices, administrative
citations or educational programs.
9.20.090 Duty to Cooperate. No person shall refuse to cooperate with, or
obstruct, the enforcement officials identified in Section 9.20.080 of this Chapter when
they are engaged in the process of enforcing the provisions of this Chapter. This duty
to cooperate may require a person to extinguish a sound source so that it can be
determined whether sound emanating from the source violates the provisions of this
Chapter.
SECTION 2. PRIOR ORDINANCE. The provisions of Chapter 9.20 shall
supersede the provisions of any ordinances in conflict therewith adopted by reference in
Chapter 1.08 of the Temecula Municipal Code.
SECTION 3. SEVERABILITY. If any portion, provision, section,
paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by
any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
SECTION 4. EFFECTIVE DATE. This ordinance shall take effect thirty
(30) days after its adoption.
9
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECWLA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of ,2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of ,2007, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
10
ATTACHMENT NO.2
JUNE 6, 2007 PLANNING COMMISSION MINUTES
G:IPlannlngI2007IPA07'0157 Noise OrdinancelPlannlnglPC STAFF REPORT 09-05-07.doc
6
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
JUNE 6, 2007
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on
Wednesday, June 6, 2007, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
ALLEGIANCE
Chairman Chiniaeff led the audience in the Flag salute.
ROLL CALL
Present:
Commissioners: Carey, Guerriero, Harter, Telesio, and Chairman Chiniaeff.
Absent:
None.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Minutes of May 16, 2007.
MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner
Harter seconded the motion and voice vote reflected unanimous aDDroval.
PUBLIC HEARING ITEMS
2 Plannina Aoolication No. PA06-0026. a Conditional Use Permit. submitted by Randi Newton
reoresentinq Soectrum Surveving. to construct a 70-foot tall T-Mobile wireless
telecommunication facilitv desiqned as a broad leaf tree within a 676 SQuare foot enclosure,
located at 42010 Moraaa Road. adiacent to the northwest corner of Rancho California and
Moraaa Roads
By way of PowerPoint presentation, Associate Planner Damko highlighted on the following:
o Location
o Elevations
RIMinulesPCI060607
o Coverage
o Environmental Determination.
Associate Planner Damko requested that Condition of Approval No. 15 be deleted and that a
Public Works Condition be added imposing that a encroachment permit be required for the
project; and advised that the applicant would be in agreement of both the deletion of No. 15 and
the added Public Works Condition of Approval.
At this time, the public hearing was opened.
Ms. Randi Newton, representing Spectrum Surveying, noted that she would be available for any
questions.
At this time, the public hearing was closed.
MOTION: Commissioner Guerriero moved to approve staff recommendation subject to the
deletion of Condition of Approval No. 15 and the added Public Works Encroachment Permit
Condition. Commissioner Telesio seconded the motion and voice vote reflected unanimous
accroval.
PC RESOLUTION NO. 07-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0026, A CONDITIONAL USE PERMIT TO
CONSTRUCT A 70 FOOT TALL WIRELESS
TELECOMMUNICATION FACILITY WITHIN A 676 SQUARE
FOOT ENCLOSURE TO BE LOCATED AT ORCHARD
CHRISTIAN FELLOWSHIP CHURCH AT 42010 MORAGA
ROAD ADJACENT TO THE NORTH WEST CORN~R OF
RANCHO CALIFORNIA AND MORAGA ROADS (APN: 921-310-
004)
3 Plannina A[)clication Nos. PA06-0187 and PA07-0049. a Develocment Plan. submitted bv
Walt Allen Architects. to reolace an existin,o cluster of modular buildinos with a three-sto.rv.
14"093 sauare foot commercial office buildina and a 7.369 sauare foot underqround c.arkina
lltructure an a 0.53 acre site. and a Minar Exceotion to allow for a 15 oercent buildina heiaht
increase. located at 27423 Ynez Road
Associate Planner Schuma provided a PowerPoint presentation, focusing on the following:
o Project Description
o Site Plan
o Elevations
o Architecture - South and East
o Landscaping
o Exceptional Architecture Design - for increased FAR
o Underground Parking
R:\MinutesPC\060607
2
Staff requested the deletion of Condition of Approval 93b replacing with the standard condition
of Mt. Palomar Ordinance in its replacement; amend Condition of Approval 79a to improve the
sidewalk from the southerly boundary of Parcel 2 to the northerly boundary of Parcel 1 ; and that
a condition be added to require that the amendment to the Tower Plaza sign program be
reviewed and approved by the Planning Commission.
Associate Planner Schuma noted the following:
o That the aluminum accents on the proposed project would provide lighting opportunities
and energy efficiency
o That the bright accent (orange/red) tone would conform to the modern architecture of the
building
o That the target Floor Area Ratio (FAR) would be 30 percent and that the project would
propose a net Floor Area Ratio (FAR) of 61 percent.
At this time, the public hearing was opened.
Mr. Walt Allen, representing Walt Allen Architect, noted the following:
o That the applicant worked diligently to add as much as he could on the proposed site,
noting that the proposed project would be an exemplary example of where architecture
is headed; and that the proposed building would be setting a standard of redevelopment
for the center
o That the applicant would be in agreement of the amendment to Condition of Approval
No. 79a as stated above by staff.
At this time, the public hearing was closed.
Commissioner Carey noted that although he would be in favor of the proposed project, he would
not be desirous of the red/orange accent on the building.
Echoing Commissioner Carey's comments, Commissioner Harter relayed his enthusiasm with
the outstanding architecture of the project but would not be in favor of the red/orange accent on
the building and would request that the redlorange color be toned down.
Appreciating the implementation of the Leadership in Energy and Environmental Design
(LEED), impervious concrete and outstanding architecture, Commissioner Guerriero relayed
that he would not have an opinion one way or the other regarding the redlorange accent.
Noting that he would be in favor of the proposed project, Commissioner Telesio stated that he,
as well, would not be in favor of the red/orange accents on the building.
Having raised the issue of increased FAR at previOUS Planning Commission meetings,
Commissioner Chiniaeff relayed that it would be his opinion that the Planning Commission has
not yet approved an FAR that would meet the desired goal of 30 percent in the last couple of
years; that the Planning Commission would need to have a specific standards that an applicant
would need in order to receive an increase in FAR.
R:\MinulesPC1060607
3
Commissioner Chiniaeff also relayed that if the Planning Commission approves staff's
recommendation, it would be important to ensure that the remainder of the center conform to
the same type of architecture and design of the proposed project. Commissioner Chiniaeff also
stated that he would be in favor of the proposed project and would not have a concern with the
red/orange accents.
Echoing Commissioner Chiniaeffs comment with regard to requiring that the center conform to
the design and architecture of the proposed project, Assistant City Manager Johnson relayed
that if the project is approved, standards could be implemented to ensure that continuity is met.
Commissioner Telesio agreed that guidelines for increased Floor Area Ratio (FAR) would be
desired and helpful not only for the Planning Commission but for staff.
For the Planning Commission, Assistant City Manager Johnson relayed that a workshop could
be scheduled pertaining to requests for increased Floor Area Ratio and requirements that would
need to be met.
Concurring that a workshop would be needed, Commissioner Guerriero stated that the City's
Design Guidelines require that applicants provide Green or other forms of energy but that this
has not been enforced by staff or the Planning Commission.
Assistant City Manager Johnson relayed that specific standards could be created by the
Planning Commission and staff.
Chairman Chiniaeff noted that the price of leaseable land would be high enough to warrant the
construction of underground parking and parking structures.
For the Planning Commission, Assistant City Attorney Curley relayed that that one vote
pertaining to the project be required.
For clarification purposes, the public hearing was reopened.
Mr. Walt Allen relayed that he would be willing to tone down the redlorange accent color to a
terra cotta color.
At this time, the public hearing was closed.
MOTION: Commissioner Guerriero moved to approve staff recommendation subject to the
amended Conditions of Approval as requested by staff; and that the red/orange accents be
toned down to a terra cotta color. Commissioner Harter seconded the motion and voice vote
reflected unanimous aooroval.
R:\MinutesPC\060607
4
PC RESOLUTION NO. 07-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NOS. PA06-0187 AND PA07-004, A DEVELOPMENT PLAN TO
REPLACE AN EXISTING CLUSTER OF MODULAR BUILDINGS
WITH A FOUR-STORY, 26,941 SQUARE-FOOT COMMERCIAL
OFFICE BUILDING ON 0.53 ACRES LOCATED AT 27423 YNEZ
ROAD, AND A MINOR EXCEPTION TO ALLOW FOR A 15
PERCENT BUILDING HEIGHT INCREASE
4 Plannino Apolication No. PA01-0157. a Resolution of the Plan nino Commission
recommendino that the Citv Council adoot an Ordinance adding chaqter 9.20 to the
Temecula Municioal Code establishino Citvwide standards for reoulatino noise
By way of PowerPoint Presentation, Senior Planner Papp highlighted on the following:
o Background
o Power Tools and Equipment
o Audio Equipment
o Sound Amplifying Equipment or Live Music
o Construction
o Barking Dogs and Keeping of Noisy Animals
o Enforcement
o Public Comments
o Environmental Determination.
In response to the questions by the Planning Commission, Senior Planner Papp relayed the
following:
o That the hours of operation for construction could be changed in the Ordinance to 6:30
p.m. to 7:00 p.m.
o That any City sponsored event or co-sponsored event would be requesting a Temporary
Use Permit (TUP); and therefore, would be exempt.
Commissioner Guerriero expressed concern with creating Noise Ordinances and regulations for
enforcement when State Law would already be in place to cover these types of issues and/or
concerns.
Director of Planning Ubnoske advised that representatives from the Police Department had sat
in on all meetings regarding the proposed Ordinances and would be comfortable with the
proposed Ordinance as written.
Further clarifying, Assistant City Attorney Curley relayed that the courts have approved local
agencies adopting Noise Ordinances, and that the Ordinance would be furthering tools rather
than duplicative.
Commissioner Telesio expressed concem with the ability to carry out enforcement beyond what
State Code would allow.
R:\MinutesPC\060607
5
Assistant City Manager Johnson noted that the proposed Ordinance would be modeled after the
County's Ordinance.
Commissioner Guerriero expressed concern with information being discussed between staff and
police that is not being included in staff's report; and that the Commission would have difficulty
making decisions without the proper information.
In response to Commissioner Carey's query, Senior Planner Papp relayed that Audio
Equipment and Sound Amplifying Equipment or Live Music hours would be from the 10:00 p.m.
to 8:00 a.m. and/or anytime if determined unreasonable; and that it would be his understanding
that events in Old Town would require a Temporary Use Permit (TUP).
Commissioner Carey relayed that it would be his opinion that the proposed Ordinance will be
difficult to enforce.
Relaying that he would be in favor of the proposed Noise Ordinance, Commissioner Harter
expressed concern with the following:
o That two different Code Enforcement Officers could have two different standards of the
meaning "Loud and Raucous'
o That the language in the proposed Noise Ordinance would need to be more concise
o That it would not be reasonable for a Code Enforcement Officer to sit 30 to 60 minutes
to determine whether or not an animal is making incessant noise.
In response to Commissioner Harter, Senior Planner Papp relayed that his concerns were
discussed at City Council subcommittee meetings; and that although at times it may be
unrealistic to expect a Code Enforcement Officer to sit and observe 60 minutes or more, the
Enforcement Officer would be a signer of a complaint along with the complainant.
Relaying his amazement with this item coming before the Commission at this time, Chairman
Chiniaeff stated the following:
o Queried if all the stakeholders were involved in the subcommittee meetings
o That he would have a concern with the inequities that would be built into the proposed
Noise Ordinance
o That there may be individuals opposed to an in fill project being built where a map would
be required
o That he would have difficulty understanding why a City sponsored event would not be
subject to a CEQA review
o That the City has adopted its own noise elements in its General Plan and queried why
would the City include the County's General Plan
o That if a homeowner is restricted to using Power Tools and Equipment during specific
hours then a Homeowners Association should be restricted to the same hours as a
homeowner
o That Section 9.20.070 - Exceptions. That this Section would be arbitrary and would be
of the opinion that standards should be set for defining what the Exceptions would be
o That the language "Peace and Quiet" under "Loud and Raucous" be defined and how
would it be applied to everyone in the same manner.
R:\Mlnut..PC\060607
6
Assistant City Attorney Curley advised that there would be two sets of standards that the
Commission would be considering, noting the following:
o That Section 9.20.040 General Sound Level Standards - would be fairly consistent with
State-wide Ordinances
o That Section 9.20.060 Soecial Sound Sources Standard~ - that these would be
perceived as providing unique impacts and would need to be refined beyond the general
rules.
Chairman Chiniaeff relayed that he would request that staff compare its requests with other
communities to ensure that they would be typical and consistent with the City of Temecula's
general standards.
At this time, the public hearing was opened.
Mr. P. T. Rothschild, Murrieta, spoke against the proposed Noise Ordinance, noting that there
would currently be a Noise Ordinance in place and would not see the need for another one; and
would request that the Commission add time limits to band practices that would be consistent
with surrounding communities general standards.
Mr. Paul Bahu, Temecula, expressed his concern with the proposed Noise Ordinance.
At this time, the public hearing was closed.
Chairman Chiniaeff requested that this item be continued to allow staff an opportunity to
address concerns expressed by the Planning Commission.
MOTION: Chairman Chiniaeff moved to continue Item NO.4 to Wednesday, August 1, 2007.
Commissioner Guerriero seconded the motion and voice vote reflected unanimous aDDroval.
COMMISSIONERS' REPORTS
Commissioner Carey commented on the Home Depot on SR79 South, relaying that the
aesthetics of the parking has greatly improved.
Commissioner Telesio thanked staff for their efforts with regard to the Marie Callender's and
that the color is improved; but did relay concern with the signage/monument at Pechanga
Parkway and 79 South as well as the unappealing utility sign on the median.
In response to Commissioner Telesio's comment, Director of Planning Ubnoske relayed that
she explore his concerns.
Commissioner Telesio adjoumed the Planning Commission meeting in remembrance of
Operation Overlord, 63 years ago today.
R:\MinutesP~\Q60607
7
PLANNING DIRECTOR'S REPORT
Assistant City Manager Johnson relayed that if the Planning Commission had a desire, he could
request from Council that two Commissioners of the Planning Commission be included in the
Infrastructure Beautification Committee meetings.
For Assistant City Manager Johnson, Chairman Chiniaeff relayed that the Commission would be
in interested in partaking in the Infrastructure Beautification meetings.
ADJOURNMENT
At 7:30 pm, Chairman Chiniaeff formally adjourned to June 20. 2007 at 6:00 p.m., in the City
Council Chambers, 43200 Business Park Drive, Temecula.
~
""',
nnis Chiniaeff
Chairman
7J~r' ~~~
Debbie Ubnoske
Director of Planning
R:\MinutesPCI060607
8
ATTACHMENT NO.3
JUNE 6, 2007 PLANNING COMMISSION STAFF REPORT
G:IPlannlngI2007IPA07-0157 Noise OrdinancelPlannlnglPC STAFF REPORT 09-05-07.doc
7
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
TO: Planning Commission
FROM: Emery J. Papp, AICP, Senior Planner
DATE: June 6, 2007
SUBJECT: Proposed Noise Ordinance adding Chapter 9.2 to Title 17 of the
Temecula Municipal Code
BACKGROUND
On April 12, 2005, the Temecula City Council adopted a comprehensive update of the
Temecula General Plan. The General Plan includes a Noise Element which contains
goals and policies aimed at reducing the impacts of ambient noise in the built
environment. These goals and policies minimize noise impacts by setting maximum
acceptable noise levels and requiring the community to maintain acceptable noise
standards. However. because the City has not yet formally adopted a Noise Ordinance,
it has been difficult for enforcement officials to cite individuals who create or contribute to
nuisance noises. The proposed Noise Ordinance addresses two of the four goals
identified in the Noise Element of the General Plan and one policy for implementing each
goal as follows:
90al 2 - Minimize transfer of noise imoacts between adiacent land uses:
Policy 2.1 - Limit the maximum permitted noise levels crossing property lines
and impacting adjacent land uses; and
Goal 3 - Minimize the imoact of noise levels throuohout the communitv throuah land use
plannina;
Policy 3.1 - Enforce and maintain acceptable noise limit standards.
JUSTIFICATION
At certain levels. sound becomes noise and may jeopardize the health, safety or general
welfare of City residents and degrade their quality of life. This proposed Noise
Ordinance identifies general sound level standards. methodology for measuring sound
levels, enforcement, and exemptions.
The proposed Noise Ordinance identifies five key types of nuisance noise that can be
regulated and enforced under this Chapter of the Municipal Code. These include:
Power Tools and Eauiprnent - Power tools and equiprnent shall not be used
between the hours of 10:00 p.m. and 8:00 a.m. if they are audible to a person
within another occupied building. Similarly, power tools shall not be used at any
time if audible to a person at a distance greater than 100 feet away.
Audio Eouioment - Audio equipment shall not be used between the hours of
10:00 p.m. and 8:00 a.m. if they are audible to a person within another occupied
building. Similarly, portable or stationary audible equipment shall not be used at
any time if audible to a person at a distance greater than 100 feet away.
Sound Amolifvino Eouioment or Live Music - "Loud and raucous" noise
emanating from any sound-making device, sound-amplifying device or live music
is unlawful on public and private property. Loud and raucous means
'unreasonably" (defined in Ordinance) interfering with the peace and quiet of
other persons, or to unreasonably annoy or endanger the comfort, health or
safety of other persons.
Construction - In accordance with the City's existing Noise Control Ordinance
regarding construction noise, construction activity shall not occur between the
hours of 6:30 p.m. and 6:30 a.m. when within one-quarter mile of a residence.
No work shall commence on Sundays, with the exception of residents working on
their homes or property.
Barkinp Dops and Keeoino of Noisv Animals - The provisions of this section
make it unlawful for property owners to allow their animals to be incessantly
noisy whether the owner of the property is present or not. Unacceptable periods
of tirne are defined as incessant noise for thirty (30) minutes or more within any
twenty-four hour period, or intermittent noise for sixty (60) minutes or more within
any twenty-four hour period. Observation of the offending behavior can be
directly observed by a City enforcement official, or by a minimum of two
neighboring property owners who sign a written complaint.
Enforcement - City enforcement officials shall have the authority to issue verbal
warnings or written citations based on their own observations or in response to
citizen complaints. Any person who violates the provisions of the proposed
Noise Ordinance would be subject to punishment as set forth in Chapter 1.20
and subject to enforcement remedies as set forth in Sections 1.21 and 1.24 of
the Temecula Municipal Code.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on May 26, 2007 and
mailed to the property owners within the required 600-foot radius.
ENVIRONMENTAL DETERMINATION
Staff has determined that Ordinance No. 07-_ (Ordinance Regulating Noise) is
exempt from the requirements of the California Environmental Quality Act ("CEQA")
pursuant to Title 14 of the California Code of Regulations, Section 15061 (b )(3) because
it can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment. The Ordinance will have no adverse
environmental affects because it will reduce the public's exposure to loud ambient noise
levels and nuisance noise.
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution recommending that
the City Council approve an Amendment to Title 17 of the Temecula Municipal Code,
adding Chapter 9.2 and establishing Citywide standards for regulating noise.
ATTACHMENTS
1. PC Resolution No. 07-_ (Noise Ordinance) - Blue Page 4
Exhibit A - Proposed CC Ordinance No. 07-
2. Notice of Public Hearing - Blue Page 5
ATTACHMENT 1
PC RESOLUTION 07-_
PC RESOLUTION NO. 07-
.A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.20 TO THE TEMECULA
MUNICIPAL CODE ESTABLISHING CITYWIDE
STANDARDS FOR REGULATING NOISE (PLANNING
APPLICATION NO. PA07-0357)"
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On June 6, 2007 the Planning Commission identified a need to amend the
adopted Municipal Code to add a new Chapter to the Temecula Municipal Code
regarding the regulation of noise (Planning Application No. PA07-0157).
B. The Ordinance was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on June 6, 2007, at a duly noticed public hearing
as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0157 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
A. The proposed Ordinance is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other ordinance of the
City;
The proposed Noise Ordinance conforms to the City of Temecula General Plan
in that the criteria for establishing reasonable noise levels is identified in the City
of Temecula General Plan Noise Element. Furthermore, the proposed Noise
Ordinance directly responds to Goal 2, Policy 2.1 of the General Plan Noise
Element and Goal 3, Policy 3.1 of the General Plan Noise Element.
B. The proposed Ordinance is consistent with the Municipal Code and
Development Code for the City of Temecula;
G:\Planning\2007\P A07-0 I 57 Noise Ordinance\Planning\PC RESOLUTION.doc
I
The proposed Noise Ordinance has been designed to be internally consistent
with the Municipal Code and the Development Code in terms of referencing key
components of the City's currently adopted Noise Control Ordinance, which
applies to construction related noise, and enforcement issues.
Section 3. Environmental Comoliance. In accordance with the California
Environmental Quality Act, the proposed Ordinance No. 07-_ (Ordinance Regulating
Noise) is exempt from the requirements of the California Environmental Quality Act
("CEOA") pursuant to Title 14 of the California Code of RegUlations, Section 15061(b)
(3) because it can be seen with certainty that there is no possibility that the Ordinance
will have a significant effect on the environment. The Ordinance will have no adverse
environmental affects because it will reduce the public's exposure to the harmful effects
of loud ambient noise levels and nuisance noise. The Planning Commission, therefore,
recommends that the City Council of the City of Temecula adopt a Notice of Exemption
for the proposed ordinance.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. PA07-
0157, a proposed City-wide Noise as set forth on Exhibit A, attached hereto, and
incorporated herein by this reference
G:\Planning\2007\P A07-0 157 Noise Ordinance\Planning\PC RESOLUTION.doc
2
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of June, 2007.
Dennis Chiniaeff, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th
day of June 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2007\P A07-0 157 Noise Ordinance\Planning\PC RESOLUTION,doc
3
EXHIBIT A
PROPOSED CC ORDINANCE 07-_
G:\Planning\2007\P A07-0 157 Noise Ordinance\Planning\PC RESOLUTION.doc
4
THE
FOLLOWS:
SECTION 1.
Code to read as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 9.20 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING
CITYWIDE STANDARDS FOR REGULATING NOISE
CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
Chapter 9.20 is hereby added to the Temecula Municipal
"CHAPTER 9.20 NOISE
9.20.010 Intent. At certain levels, sound becomes noise and may jeopardize
the health, safety or general welfare of City residents and degrade their quality of life.
This Chapter is intended to establish citywide standards to regulate noise. This Chapter
is not intended to establish thresholds of significance for the purpose of any analysis
required by the California Environmental Quality Act and no such thresholds are hereby
established.
9.20.020 Definitions. Whenever used in this Chapter, the following terms
shall have the following meanings:
A. Animals. Any bird, cat, dog, goat, horse, or burro or donkey.
B. "Audio equipment" means a television, stereo, radio, tape player, compact
disc player, MP3 player, i-Pod or other similar device.
C. "City Manager" means the City Manager or his or her designee.
D. "Decibel" means a unit (dB) for measuring the relative amplitude of a
sound equal approximately to the smallest difference normally detectable by the human
ear, the range of which includes approximately one hundred thirty (130) decibels on a
scale beginning with zero decibels for the faintest detectable sound. Decibels are
measured with a sound level meter using different methodologies as defined below:
1. A-weighting (dBA) means the standard A-weighted frequency
response of a sound level meter, which de-emphasizes low and high frequencies of
sound in a manner similar to the human ear for moderate sounds.
2. Community Noise Equivalent Level (CNEL) means a 24-hour
energy equivalent level derived from a variety of single-noise events, with weighting
factors of 5 and 10 dBA applied to the evening (7 PM to 10 PM) and nighttime (10 PM to
7 AM) periods, respectively, to allow for the greater sensitivity to noise during these
hours.
1
3. Ldn means Day-Night Average Sound Level. The A-weighted
average sound level for a given area (measured in decibels) during a 24-hour period
with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately
numerically equal to the CNEL for most environmental settings.
4. Maximum Sound level (Lmax) means the maximum sound level
measured on a sound level meter.
E. "Governmental agency" means the United States, the State of California,
the County of Riverside, the City of Temecula, or any combination of these agencies.
F. "Motor vehicle" means a vehicle that is self-propelled.
G. "Noise" means any loud, discordant, raucous or disagreeable sound.
H. "Occupied property" means any property upon which is located a
residence, business or industrial or manufacturing use.
I. Public Property. Property owned by a governmental agency or held open
to the public, including, but not limited to, parks, streets, sidewalks, and alleys.
J. Public or Private School. An institution conducting academic instruction at
the preschool, elementary school, junior high school, high school, or college level.
K. Sensitive Receptor. A land use that is identified as sensitive to noise in
the Noise Element of the Riverside County General Plan and the Noise Element of the
Temecula General Plan, including, but not limited to, residences, schools, hospitals,
churches, rest homes, cemeteries or public libraries.
L. Sound Amplifying Equipment. A loudspeaker, microphone, megaphone,
stereo equipment, portable radio, boom box, or other similar devices.
M. Sound Level Meter. An instrument meeting the standards of the American
National Standards Institute for Type 1 or Type 2 sound level meters or an instrument
that provides equivalent data.
9.20.030 Exemptions. Sound emanating from the following sources is
exempt from the provisions of this Chapter:
A. Facilities owned or operated by or for a governmental agency;
B. Capital improvement projects of a governmental agency;
C. The maintenance or repair of public properties;
2
D. Public safety personnel in the course .of executing their official duties,
including, but not limited to, sworn peace officers, emergency personnel and public
utility personnel. This exemption includes, without limitation, sound emanating from all
equipment used by such personnel, whether stationary or mobile;
E. Public or private schools and school-sponsored activities;
F. Properly maintenance, including, but not limited to, the operation of
lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours
of 7:00 a.m. and 8:00 p.m.;
G. Motor vehicles, other than off-highway vehicles. This exemption does not
include sound emanating from motor vehicle sound systems;
H. Heating and air conditioning equipment;
I. Safety, warning and alarm devices, including, but not limited to, house and
car alarms, and other warning devices that are designed to protect the public health,
safety, and welfare; and
J. The discharge of firearms consistent with all state laws.
9.20.040 General Sound Level Standards. No person shall create any
sound, or allow the creation of any sound, on any property that causes the exterior
sound level on any other occupied properly to exceed the sound level standards set
forth in Tables N-1 and N-2.
(
3
TABLEN-l
TEMECULA LAND USE/NolSE STANDARDS
Property Receiving Noise
:Maximum Noise Level
(Ldn or CNEL, dBA)
Very Low
Low
Low Medium
I Medium
I High
Neighborhood
Community
Highway Toutist
Service
I Professional Office 50 70
I Industria1 Park 55 75
I Schools 50 65
I All others 50 70
I V meyardsl Agriculture 70
I Open Space 70/652
1 Mlximum exterior noise levels np to 70 dB CNEL are allowed for Multiple-Family Housing.
2 Where quiet is a basis required for the land use.
3 Regarding aircraft-related noise, the maximum acceptable exposure for new residential
development is 60 dB CNEL.
Type of Use
Residential
Commercial and Office
Light Industrial
Public/Institutional
Open Space
, Land Use Designation I Interior
Hillside
Rural
Exterior-"
45
65
45
45
65 1 70'
70'
70
4
Community Noise Exposure
(Ldn or CNEL)
I 55 60 65 70 75
:1J:21111111~IIIIIIIIIIIIL I
~~ : ::~c~~
: i /iiiiiiiiii':::_:::_:::J:Ij I I l
~~I : ~~
~~~~~t::~i:t=es, : : .Iiiiiiiiiiiiliiiiiiiiiiii~
fllllllllll+IlI1111ln~IIII':""'~ I .
. II II1I II II T::::: :::imlllll II 11111 F:::::::::;
~~~~
I I I I ~
b,~~~~.~' ~~
Golf Course,Riding Stables, I[ II .~
Water Recreation, Cemeteries I I
1~~~tH::"::':4'lli:..:::::1 I
I I I I ~~.
In~~trial,M:mufacturing, ~~~~ ... r
Utilities, Agriculture I I I r::' ~~i ~ ~ ~ ~ ~ ~ ~~~:tl:I~
Source: Modified from 1998 State of California General Plan Guidelines.
1. Regarding aiocr.rlt-related noise, the maximum acceptable exposure for new residential develvt'~.~, is 60dB CNEL.
2. No nonnallyacceptable condition is defmed for these uses. Noise studies are required prior to approval.
1
,
Land Use
Residential'
Transient Lodging - Motel,
Hotel
Auditoriums, Concert Halls,
AmphitheateIS2
Sports Arena, Outdoor
Spectator Sports2
Playgrounds, Parks
Office Buildings, Business
Commercial, and Professional
TABLE N-2
NolSElLAND USE COMPATIBILITY MATR.IX
80
~ Nonnally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved
~ meet conventional Title 24 construction standards. No special noise insulation requirements.
Ii:i:ti:i:ci:t: Conditionally Acceptable: New construction or development shall be undertaken only after a detailed noise
IImI:l!tI analysis is made and noise reduction measures are identified and included in the project design.
~ N onnally Unacceptable: New construction or development is discouraged. If new construction is proposed, a
~ detailed analysis is required, noise reduction measures must be identified, and noise
insulation features included in the design.
. Clearly Unacceptable: New construction or deveLt'.~<~. clearly should not be undertaken.
5
9.20.050 Sound Level Measurement Methodology. The actual location of
a sound level measurement shall be at the discretion of the enforcement officials
identified in Section 9.20.080 of this Chapter. Sound level measurements shall be
made with a sound level meter. Immediately before a measurelTient is made, the sound
level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of
the American National Standards Institute. Following a sound level measurement, the
calibration of the sound level meter shall be re-verified. Sound level meters and
calibration equipment shall be certified annually.
9.20.060 Special Sound Sources Standards. The general sound level
standards set forth in Section 9.20.040 of this Chapter apply to sound emanating from
all sources, including the following special sound sources, and the person creating or
allowing the creation of the sound is subject to the requirements of that section. The
following special sound sources are also subject to the following additional standards.
Failure to comply will constitute separate violations of this ordinance.
A. Power Tools and Equipment. No person shall operate any power tools or
equipment between the hours of 10:00 p.m. and 8:00 a.m. such that the power tools or
equipment are audible to a person located inside an occupied building. No person shall
operate any power tools or equipment at any other time such that the power tools or
equipment are audible to a person located at a distance greater than one hundred (100)
feet from the power tools or equipment.
B. Audio Equipment. No person shall operate any audio equipment as
described in 9.20.020(B), whether portable or not, between the hours of 10:00 p.m. and
8:00 a.m. such that the equipment is audible to a person located inside an occupied
building. No person shall operate any audio equipment, whether portable or not, at any
other time such that the equipment is audible to a person located at a distance greater
than one hundred (100) feet from the equipment.
C. Sound Amplifying Equipment or Live Music.
1. It is unlawful for any person to cause, allow or permit the emission
or transmission of any loud and raucous noise from any sound-making, sound-
amplifying device or live music under his control or in his possession:
a. Upon any private property;
b. Upon any public street, alley, sidewalk or thoroughfare; or
c. In or upon any public park or other public place or property.
2. The words "loud and raucous noise," as used this section, shall
mean any sound or any recording or live music thereof when amplified or increased by
any electrical, mechanical or other device to such volume, intensity or carrying power as
to unreasonably interfere with the peace and quiet of other persons within or upon any
one or more of such places or areas, or as to unreasonably annoy, disturb, impair or
6
endanger the comfort, repose, health or safety of other persons within or upon anyone
or more of such places or areas.
3. The word "unreasonably," as used in this section, shall include, but
not be limited to, consideration of the hour, place, nature and circumstances of the
emission or transmission of any such loud and raucous noise.
D. Construction. No person shall engage in or conduct construction activity,
when the construction site is within one-quarter mile of an occupied residence, between
the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday, and shall only engage in
or conduct construction activity between the hours of 7:00 a.m. and 6:30 p.m. on
Saturday. Further, no construction activity shall be undertaken on Sunday and
nationally recognized holidays. Public works projects of any federal, state or local entity
or emergency work by public utilities are exempt from the provisions of this subsection
E. Residents working on their homes or property are exempt from the prohibition of
construction activities on Sundays and holidays but must comply with the hourly
restrictions set forth for Saturday when working on Sundays and holidays. The city
council may, by formal action, exempt projects from the provisions of this chapter.
E. Barking Dogs and Keeping of Noisy Animals.
1. Noisy Animal means any animal that barks, bays, cries, whines,
howls, screeches or makes any noise for an extended period of time whether day or
night, regardless of whether the animal is physically situated in or upon private property.
Such extended period of time shall consist of the above described incessant noise for
thirty (30) minutes or more in any twenty-four-hour period, or intermittent noise for sixty
(60) minutes or more during any twenty-four-hour period. An animal shall not be
deemed a "nuisance animal" for purposes of this article if, at any time the animal is
making noise due to a person or other animal that is trespassing or threatening to
trespass upon private property in or upon which the animal is situated, or when the
animal is being teased or provoked.
2. Evidence of said "incessant noise" shall be made by direct
observation of an enforcement official present on site responding to a complaint from a
neighbor, OR a complaint form may be signed by a minimum of two neighboring
property owners and submitted to an enforcement official.
3. Nothing in this chapter shall establish standards for private civil
claims, in either civil court or small claims court, nor shall this chapter preclude any
person from pursuing a private civil action in either civil or small claims court.
9.20.070 Exceptions. Exceptions may be requested from the standards set
forth in Sections 9.20.040 (General Sound Standards) or 9.20.060 (Special Sound
Sources Standards) of this Chapter and may be characterized as construction-related or
single event exceptions.
7
A. Application and Processing.
1. Construction-Related Exceptions. An application for a
Construction-Related Exception shall be made on forms provided by the Building and
Safety Department and shall be accompanied by the appropriate filing fee. No public
hearing is required.
2. Temporary Use Permit. An application for a Single Event
Exception shall be made using the Temporary Use Permit application provided by the
Planning Department and shall be accompanied by the appropriate filing fee. No public
hearing is required.
B. Requirements for Approval. The Director of Planning or his or her
designee shall not approve an exception application unless the applicant demonstrates
that the activities described in the application would not be detrimental to the health,
safety or general welfare of the community. In determining whether activities are
detrimental to the health, safety or general welfare of the community, the Director of
Planning or his or her designee shall consider such factors as the proposed duration of
the activities and their location in relation to sensitive receptors. If an Exception
Application is approved, reasonable conditions may be imposed to minimize the public
detriment, including, but not limited to, restrictions on sound level, sound duration and
operating hours.
C. Appeals.
1. Construction-Related Exception. Any person aggrieved by or
dissatisfied with the Planning Director's decision on an application for a Construction-
Related Exception may appeal from such action by filing an appeal according to the
procedures setforth in Section 17.03.090 of the Temecula Municipal Code.
2. Temporary Use Permit. Any person aggrieved by or dissatisfied
with the Planning Director's decision on an application for a Temporary Use Permit may
appeal from such action by filing an appeal according to the procedures set forth in
Section 17.03.090 of the Temecula Municipal Code.
9.20.080
Enforcement.
A. The City Manager and his or her designee, including but not limited to
police officers, code enforcement officers, park rangers or other enforcement officials
shall have the authority to enforce the provisions of this Chapter.
B. Any person who violates any provision of this Chapter is guilty of a
misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the
Temecula Municipal Code.
8
C. Any person who violates any provision of this Chapter shall be subject to
the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code.
D. Nothing in this Chapter shall be intended to limit any of the civil or criminal
remedies available to the City, nor shall it be intended to limit the City from engaging in
efforts to obtain voluntary compliance by means of warnings, notices, administrative
citations or educational programs.
9.20.090 Duty to Cooperate. No person shall refuse to cooperate with, or
obstruct, the enforcement officials identified in Section 9.20.080 of this Chapter when
they are engaged in the process of enforcing the provisions of this Chapter. This duty
to cooperate may require a person to extinguish a sound source so that it can be
determined whether sound emanating from the source violates the provisions of this
Chapter.
SECTION 2. PRIOR ORDINANCE. The provisions of Chapter 9.20 shall
supersede the provisions of any ordinances in conflict therewith adopted byreference in
Chapter 1.08 of the Temecula Municipal Code.
SECTION 3. SEVERABILITY. If any portion, provision, section,
paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by
any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
SECTION 4. EFFECTIVE DATE. This ordinance shall take effect thirty
(30) days after its adoption.
9
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
10
ATTACHMENT NO.2
NOTICE OF PUBLIC HEARING
Case No:
Applicant:
Location:
Proposal:
CEQA Action:
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
s/zro
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Planning Application No. PA07-0157
City of T emecula
Citywide
Review proposed Noise Ordinance and recommend an action to the City Council
Exempt from review under the California Environmental Quality Act pursuant to Section
15061 (b)(3)
Emery J. Papp, AICP
City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
June 6, 2007
6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearin9 or may appear and be
heard in support of or opposition to the approval ofthe project at the time of hearing. If you challenge the project
in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing. The proposed project application may be viewed at the Temecula Planning Department,
43200 Business Park Drive. Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the
Tject may be addressed to the case. planner at the City of Temecula Planning Department, (951) 694-6400.
G:IPJanningI2007\PA07 -0157 Noise OrdlnanceIPlanningINOPH-PC.FRM.doc
ATTACHMENT NO.4
PUBLIC CORRESPONDENCE
G:IPlannlng\2007\PA07-0157 Noise OrdlnancelPlannlnglPC STAFF REPORT 09-05-07.doc
8
ee: B.Johnson
COD...d EDelson
31815 Corte Rosario- Temecula, Ca 92592
Fax 951-506-2631 - Home Phone 909-676-040 I - Email conradra:;."..,,_la.com
July 29, 2007
Dear Mayor Washington
Council Reed..",
Re: Noise Ordinance
I have lived in Temecula for 21 years. I have campaigned, and voted for many wonderful
Council people. I have backed and promoted numerous items now incorporated into our
local laws and ordinances. Today when I read about the proposed noise ordinance in the
Press Enterprise, I was simply elated. The people that I have already talked to are "'Au",....ely
happy, and are anxious to see this much needed and overdue proposal enacted.
This proposal with out a doubt is one of the best ever to come along. I would bet that at
least 90% of all our citizens would not want a word of it changed. Of course there will be
the offenders, the people that let their dogs bark all day long when they are gone. And some
of the kids that get high in their garages, and beat on their drums, etc. Then there might be
a few that claim the ordinance may hurt them financially. These people will be loud, but few.
I ha'IC rcscarchcd.noise ordiu<UL"",s-.{'t1. tt.", ivIIvvv~H~ ,,~i.~"'''' Lv," ;....~"'~"''', S.... :;:;~",~u,-
Sacramento, Malibu, and San Jose. The proposal is not as stringent as some of these
cities, but certainly every bit as good. Enforcement does not seem to present a problem either.
Malibu has a complaint system regarding "noises by animals" that supposedly is superb.
Apparently Chairman Dennis Chiniaeff has never had a night job that forced him to sleep
during the day next to a garage band. To eliminate this kind of noise is one of the most
important items in this proposal.
Would you PLEASE let me know when and where the public meeting regarding this proposal
is going to be held? Also, is there anything we can do to help get this proposal passed,.
especially without detrimental alterations? We will be glad to help in any way we can.
As soon as I have a definite meeting date, I will start recruiting people to attend.
Sincerely,
~ ///.~
Coni~""
~ "'~. ,; W fJ.J;r
~ !L~ rv.t,~ ~ (U;S<L n lJ;
~~:tf (jSJ)
I am as dog-friendly as anybody else. The kind of barking that a dog does while playing
with children is fme and natural. But when a dog lets loose a high pitchea-barking spree,
say, every 15 or 20 minutes or so, that can be a bit disconcerting. What triggers the
barking sprees of Tony's dog are the people strolling on the side walk that the dog sees
through the spaces between the wooden slats of your elongated gate and the rest of the
front structure. Perhaps Gary or Dwayne can figure a way to block those spaces. One
way I would think is to cover the entire gate and the rest of the structure, from the inside,
with roofmg paper. (When there was the wooden fence between our properties, I inserted
strips from thin garden boards to cover the slits so the dogs couldn't see me and thus not
go off on barking sprees.)
Tony's dog has pooh-poohed on my lawn twice, irritating my gardener
By the way, I really appreciate the work that Dwayne did for me. He immediately
recognized the problem I was having with a faucet set-up in the patio that included a
contraption for showering outside-I like to douse myself with cold water during the hot
sununer days. Taking a lot of pride in his craft, he fixed it-a real class act of plumbing
finesse.
One more note-about once a month I notice a muddy spot extending through a part of
my side of the wall, the result from water seeping below the wall. If you lower the time
limit on that particular watering station ofthe sprinkler system by, say, three or four
minutes, the seepage will likely cease.
cr- v- rrtdqAh
--~/
-
3ar~ ,ing mac
By Kerfy Madden
IT'S1 A.M., AND THE DOGS next door are barking again.
,'. ActUally, it's 1:15 a.m. on the a1ann clock, loll am. on the
V"~ clock and 7:2'1 p.m. on the whit.e-noise-machlne
clock, whIch never says the right tlme because Iunpluglt
and carry it ti'om room to room to hit "rain" or "crickets'
or "OOean' to drown out the barldng dogs next door. Som~
tin\es nurn up music or bol1'Ow one oCmy klds' iPQ<ls. If>last
the flUl.ln the winter, keep the. windows closed In the summer.
The.dogli bark the split second I open a booklnbed. They bark
while the colTee Is brewing at the creck.of dawn. My dreams In
:...;.......are fllied with the timbreoCsnarling dogs.
When lemmo longer bear It. I scream out the window like
a f\shwiCe: "SHUT UPl" My husband hangs his head, and my
chUdt.I'rreproacll me with 'Mom/'
Letlt tlrst be said that llove dogs. Our messy house is a
menagerie of children and anlmals- we have three klds, two
dogs, two cats. two rmches and a low-maL..~"""""4""'" hennit
crab: But the dogs next door bark and bark and bark. Let's call
th~m TI1Jng One and Thing Two because my heart IuJs been
hal'llened by their high-pitched assault.
. "The owner ofThlngOne and TI1JngTwo, let.s call George.
HlS name Is not really George, but my grandmother had a
Oec?rge back in Leavenworth, Ran., and I never really under~
stood her raw contempt for him. But now 1 have my own
. Ge_ Iivlng next door, and If she were aIlve, I would call her
up an~ say, uAh. now I understand," BecaUse I hate my George
with wlld. and free abandon, and I would s.Ing It ti'om the roof-
tops - only I wouldn't be heard over his barldng dogs. .
My grandmother's George dld not wear shlrts. My
. Ge~'l;)ften does not wear ~hirts either, a pract1ce my grand-
mothe.r 'Called "common," When my grandmother'S George
drall8"d his trashcans to the curb, he beat his chest and
howled amigbtyTarzanyell. Tll.ls never failed to stop her cold.
antl she would get up otr her gilder, go into the house, slam the
storm dopr, pickup her rosary and crank up the volume on"As
tlle World Turns." My George does not do Tarzan, but hls cho-
NS ofbarldngdogs equals a thousand Tarzans.
George's dogs live about 10 feet from our bedroom win-
dow. It's Usually the mlddle of the nlght wben they scramble
up In a pan1c, nails scrltchlng across the hack porch as they
rung themselves hysterlcalJy into tne yard to qark at nothJng.
. M~it'8 a coyote. asKUnk, cat, raccoon, opossum. or it is ac~
tually nothing - but tlley hark uutil they are hoarse and de-
feated and scrabble hack up the steps -'scriteh. scrltch. I tie
aw~ tense. waiting for the cycle to start over.
Recently, the dogs woke me againat 1:30 a.m. on the clock
radio. I was home alone, husband and children away for the:
.".
JJtNNIPBB HIlWITSON lor TIlt T'tfllU
weekend. 1 weut outside just as George drove up.l was going.
to be brave and confront him. Politely. I rehearsed the speech. .
I was very cairn. And then he saw me waltlng, so he didn't get
out of his car - he just sat there. A standolT. 1 wanted to en-
treathim - please, have mercy. SomethlngUke: "I have a b1>ok
due. I feelllke a crazy persoh ~rying around. this noise ina~
chlne, rainstorm and crickets blarlng, day and' night. ' But he
"!ouldn't get out, and 1 chlckened out. ' .
. Another nIgh~ I did go pound on the door. He ~,.r.~.j
and w~ed me, "You better getoutoChere," Uke 1 was a thlef. 1
sald, 'It's your neighbOr! Your dogs have beenbar!dng for Qn
houri" He said. "Uh, yeah.' Then he dlsappeared. Never an
apology. Nothlng.
My husband has gone over to talk to him several thnes.
and the dlseusslons take forever because my husband thlDks
that eventually compasslon and empathy will penetrate his
thlckhlde. Hal In one _.",..._;lon, George suggested that we
cut downourl>ackiard trees because they are to blame for his
dogs barldng, as they attract squirrels.
I left a poem by Billy COllins, called "Ano.ther :Reason I
Don't Keep a GUn in the House,"ln hlsmallbox. Part oflt goes:
. The neighbors' dog will not stop barkmg.
I close all the wtn.doWs In lhe house
arul pul ana Beelhovensymph01lyjull"blast .
but 1 cansUll hear him muJ]led uruler the mu.olc, barking,
barking, barking,
and now 1 can see htmsitting in the orchestra,
his head raised col\1ldently as If Beethoven
h<l\l Included a partfor barking dog.
My George has. so fur, expressed no more response to the
poem thanany otourotherpleas.m the meantime. I have pur-
ChaSoid a product called the Dog SUencer Pro. It should arrlve
any day. It costs $89.95, and I am going to hang It on our fence
wlth aprayer that the barks oCThlngOne and ThlngTwo will,
as promised, set olThlgh-frequency sound waves that are sup-
posed to "annoy" but not hurt their ears, and that all will be si-
lent. The Ila!esman at Good LIfe Products said dog owners
never orderthls product -It's a1waystbe neJghhors. They call
up, desperate. and say, "Listen. Can you hear that? Can you
hear It?' and !)old up the receiver for hlm to listen to hark.ing
dogs.
I want this Dog Silencer Pro to be the miracle that will
transform aU OUX' live... ~ t.ho~ 'p~:c~et1l1lg'n-rrequency
sound waves will carry with them the possibility of goodwill,
forgivenes.s and even neighborliness - all festering resent-
ments wasbed away.lfnot.lt comeswltha3o-daymoney-back
~arantee. .
K1!:aRY MADDEN is the authorof"Louisiana'S Song. II
Getting N~'YtXo!.~ ~~~~~own
"There's' noise everywhere."
, 'Ib give the law ,some teeth,
the' city Department ofEnvlron-
mental Protectionls assignlng45
agel).tsto sci:eencomplaints
about chronic noIse,esJleci!illY,in
clubs and homes. They'll, be
armed with some tough' new
gllidelines: Nlghtclubs,may not
bl,ast music that Is "plalnly audi-
ble" (dellned as TdecIbels) more
than 'IS feet from their front
doors_
,NE'" Y9KK ...,..., .He gOt l'few _N6i!ip.\J~ the "No.1 quaIity~oh.
y-orkers to stopsmokiilg in pub- lifeis~e" for reSIdents, SIlI<fthe
Iic bWIdings, 'bars. and' restau- mayor, calling the law "a key e1-
,rants, and the city's diniilgspots enient" oflds agenda PUblic sen-
Win SQon,be free oftraDs fats. But tlment appears ,to beou his sIde.
>Can Mayor MiChael R. Bloom- Noise Complaints topped theIlst
berg deliver on his vow to rOake of problems called in,to ,the city's
the Big Apple less noiSy? 311,I1Onemergency hotline,in the
'Last week, a much-bally- last 12 months: More than
,hooed I1Ois~ o{mt,rol ordinance ,278,000 were logged' sineeiast
'went into ell'ect, targetlllg some, J:1.i]y, most of then;, about loud
,ofthe worst Q1I'<,nders in the ca- iie@,borS.', '
cophony of everyday u,rban life: "The ;Idea Is ,that we'll see a
Mlster Softee ice cream truCks, gradual di1I'erence in noise over
whosetil).l<lingj!ngles play oVer tim~, not right ,'away," , said
~d over;, ~tcluh :-'~.;..u:..~v~.:.~ spokesman Micha~ .Saucier of
whose rowdy music blares in the Em'IroinnentaJ. Protection
, otherwise.qniet' neighborhoods; Department;whicli adminiSters
aiJ.ddogsb~ll'hOursof_ the new law.'"Thls Is a com-
~dnigh.J.- ' 'plaintS-drIven System 'al;lout
,The golinifthe law Is to give noIse, and the public serves. as
.thecitythatn~ersleeps."Ii1Uch;. "Ol,lr , ears." liis,d.;.~.::u,~ent'B
deserve!;! peace and quiet," agents ,1(I'il) be respOnding to
Bjoomberg.said'whenhe Si!l\1el:! lon~ . COm))laints,heex,
itiastyear. T.heftoesforviOlatilig , plainecj, but police will respond
noise levels have risen ~ ranging to CPIIlPlaints aStheYh!1ppen;
frolllless t,han $100 for abar~,Newy-orl< Is not the oruy c.Io/
d~otiSlIIldsofdolliirs fo,r , tQ tacl<I"such a problem: Strong
repeat nightclub 01l'entlers: ", an~;'~ inltiatiyes p...ve ,been
., Blvv";~<'a, wh6 quit the Re- irilpleinented in: l'ecentyears
public>\ll:PattYiastmont!i.andi/l frol,)l,Aiilineila. Calif., to,Sara- '
noW lj.I1independent,hashlliIe(i, ;s6tll,Ji')a. , ..' '.,'
the IaW as "theJlrst 11OIIlPrelll;n,' . ' Ai1<l.~'moomberg's2003
siv<i overhaW" ofIocaI110IselelrtS-, crusade &gliinstsmoking, his
lation in 30 years. ' ,"" , ," nOiSereg..@tlomihavegenerated
"I thjnIdt'sgiea~ ~heY'ni trY,~ ' 'lij;(;le<;dnta;QvetSy. '.. ' , '. . '
lug to doSOmethiJ1gabout all of . YetsOlIle'believethls initia-
thIs," s~<l. James T,jtJis; aM6til1~. tiYe may,in~t ,th'efa~ Of other
,Vernoil, N.Y., retiree outfol'-li': "qplility bflife" campaigns. In the
strollin- MidtoWn-A!! '1\'LspoJqj,:llit!i'l~IjOs;:{oreXample;Mayor
, two cars passed by \Vith radi<j$ ~'YWdI. ~ch, ."o~v..,..::.ng to
L~,"u....;....g ~'music; a,'~ ~;,,: 'a.D.Qutci-yovertheJiiunberof.::;e-
gine l'Qaroi 1\ptl.\e street withlt~!, " verely mimta)Iy, ill hotilelesSpeo-
siI'e1l b~)acIdl!lllimers ecl" ' Rl" on, theStree~' endorsed a
oeeF, fron!'abUlldin:g Ul)del' policy oftilking them to Mspi,
COIllltruCtion.. ., tals {or treatment and observ...-
, "But I don't know If they can tion, ,The initia:tiveWaB slowed, by
solve tJ;lls problem," Titus "dded., a lawsuits, ,bure;iucraticwran;
A noise ordin.ance takes
aim at loud nightclubs
and barkin.1!' P()~ But
'-:...,; .
some'saythere's no ,
shushing thdr city.
By Jos;H (JETLIN
Times stajfWriter
., \'
''.j
\1
'(I
,\
MARYAx.TAFFEE A8soctated PreSll. 'j
URBAN RACKE'1:: "Noise is the No.1 quality-of-life issuk;' says ,J
Mayot"Michael If,. Bloomberg, whose new. lawinqludes stifferfi~s~)~'.~
, . "J
A few days later, subWay ,com;;;
muters at the Union square sta.,;
tIon' were treated to'" Jiarsjt*
squealing of brakes as a pilss~'1i
ger traili, j;wisted through a tur!:,,,j'
nellIito the station. A conductor';' !
on another train' rrnu;le an,,;j
nOWlcements asthe'brake noisi$:~
enveloped the station. It waS aid
most imposSible to Understand~:
lilii1 "ii
A little, oyer. a mile aw~I'~1 '
were barrelinlt'out of a MidtoWl).I: .
tw1n~1 :(;mw parf~;Ave.nue. ,,~11~~1!i
'din overwhe!ining. Brett'I;'olinQi~,'
a magaZine: Pl'llduCtiqn ~~it~,
on.t_foi' anyafternoon ,;~~~r~:
breal<;: scoll'ed at the i<!ea tl1~"
the city COWd ,~ or should ..,,,,~ I'
make a dent IIi the vol1nne. ''i'~''
"They're: regola"tinlius' t<l'4i!
death here," I)e 1lI1llP~."IfNejV8:(
Yorl<Is aUyt;l1ing; it's nO~e;'~~)]
over :it. If' yOu don't -like"tl11!: i"
sOlmds ,he~~move' sOi:D.ewhere~nl
else."" '. ,', ", <,:,'-,
,Sauc.ler conc~ the ine .'
tabillty, pf noise.. But JW n9, ,
"The point tJf the nOW"IawIs.'n9
to shut everyt;rung down. Wej.;' '
w.ip.t to ,try llnd strike a balan~
becaUse New Yorkers deserve
much 'peace as they Clln,get'in
city of ~.2 million people," '
.ilIes, and disputes over 1)0spItal
space.
Nearly 10 years later, Mayor
RUdOlph W. GIuliimi announc~d
a crackdown on jayWalking, pro-
posing still' Ilnes and police <>n-
'forcement. It, too, stalled, widely
derided as an e><ainple of City
HalI .going against the grain of
New'Yorklife. '
Some skeptics ,thiilk the bige
gestobstacle ~ Bloomberg's ini-
tiative Is the officially sanCtioned
daily noise in.the streets, parks,
neighborhoods, tuimeIs and Sub'
Ways. ')'he daiiy racket seems be-
yond regq;ation,critics s.,y.
'AsJujy 4 dawned quietIy over
Manhattan's Upper West; SIde,
for example, the caJIIi was shate
tered.at 8a.llL, when. a COn-Edie
son' ConstruCtiou crew began
tearing up the street in'the healt
of. a deJis~ly pOPulated residen,
, .tlal neigj:).horhooli Noise echoed
up and downtheca.nyol1 of talI
apartm,~nt bujIdings,' ,; but the
,Con-~.l) rePllir crew said it
l1ad alI the necessary cleiu'ance,
to do'. such work ona holiday
mornitlg.
~Cllilyou bj!lieve this noIse?"
asl<ecI Mike Itamirez, pedaling
past on abIcycle. ~People are still
sleepluglI doni know what you
, do about soinethinglike this."
josh.getlin@latimes.com
~
.~ 'f-;; Cle~~f1 df. I( ?;flf!ttll(} f'l>AJ( /
1:r." 'I' ""'fl(tL" -r: en:"" (!ftr~Ti"c TO JJCI~
'~'l(j'cV"~ ""-Ill' -v 16 a~~ Ul~~'
{;'~J~i,!
,~
f*
;," ,~'
ATTACHMENT NO.5
NOTICE OF PUBLIC HEARING
G:\Planning\2007\PA07-0157 Noise Ordinance\Planning\PC STAFF REPORT 09-05-07,doc
9
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No: Planning Application No. PA07-0157
Applicant: City of Temecula
Location: Citywide
Proposal: Review proposed Noise Ordinance and recommend an action to the City Council
CEQA Action: Exempt from review under the California Environmental Quality Act pursuant to Section
15061(b)(3)
Case Planner: Emery J. Papp, AICP .
Place of Hearing: City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
Date of Hearing: September 5, 2007
Time of Hearing: 6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearing or may appear and be
heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project
in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing, The proposed project application may be viewed at the Temecula Planning Department,
43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the
project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400.
G:\Planning\2007\PA07 -0157 Noise Ordlnance\Planning\NOPH-PC 09-05-07,doc
Ii
-
I.
ITEM NO. 15
I
I
Approvals
City Attorney
Director of Finance
City Manager
1#~
IJ~
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
September 25, 2007
SUBJECT:
A Development Agreement, General Plan Amendment, Tentative Tract Map,
and Development Plan with a Minor Exception for a 608,934 square foot
industrial building on 32 acres, and for the future development of the remaining
52 acres to include industrial, commercial, retail, high-density residential, and/or
public institutional facility land uses. In addition, the project includes an
Operating Covenant Agreement that outlines incentives relating to this
expansion.
PREPARED BY:
Dana Schuma, Associate Planner
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE
DECLARATION FOR THE TEMECULA PROPERTIES
LLCIPROFESSIONAL HOSPITAL SUPPLY PROJECT ON AN 84-
ACRE SITE LOCATED AT THE NORTHWEST CORNER OF
DENDY PARKWAY AND WINCHESTER ROAD AS A FUTURE
SPECIFIC PLAN AREA (APN 909-370-018 AND 909-370-032)
WHICH CONSISTS OF PLANNING APPLICATIONS NO. PA07-
0048, A GENERAL PLAN AMENDMENT; PA07-0220 A
DEVELOPMENT AGREEMENT; PA06-0370, A TENTATIVE MAP;
AND PA06-0369, PA07-0090, A DEVELOPMENT PLAN WITH A
MINOR EXCEPTION
2. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A GENERAL PLAN AMENDMENT TO
TABLE LU-5 OF LAND USE ELEMENT TO DESIGNATE AN 84-
ACRE SITE LOCATED AT THE NORTHWEST CORNER OF
DENDY PARKWAY AND WINCHESTER ROAD AS A FUTURE
SPECIFIC PLAN AREA (APN 909-370-018 AND 909-370-032)
PLANNING APPLICATION NO. PA07-0048
3. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A TENTATIVE TRACT MAP (TTM 35181)
TO SUBDIVIDE AN APPROXIMATE 84-ACRE SITE INTO FIVE
PARCELS, FOUR DEVELOPABLE LOTS AND ONE SLOPE AND
EASEMENT PARCEL, LOCATED AT THE NORTHWEST CORNER
OF DENDY PARKWAY AND WINCHESTER ROAD (APN 909-370-
018 AND 909-370-032) PLANNING APPLICATION NO. PA06.{)370
4. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEVELOPMENT PLAN TO
CONSTRUCT A THREE-STORY, 608,934 SQUARE FOOT
INDUSTRIAL DISTRIBUTION BUILDING ON AN APPROXIMATE
32-ACRE SITE GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DENDY PARKWAY AND WINCHESTER ROAD, AND
A MINOR EXCEPTION TO ALLOW FOR A ONE PERCENT
BUILDING HEIGHT INCREASE FROM 50' TO 50'8" (APN 909-370-
018 AND 909-370-032) PLANNING APPLICATIONS NO. PA06-
0369 AND PA07 -0090
5. First reading and introduction of an ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN TEMECULA PROPERTIES, LLC, PROFESSIONAL
HOSPITAL SUPPLY, INC., AND THE CITY OF TEMECULA FOR
AN APPROXIMATE 84-ACRE SITE GENERALLY LOCATED AT
THE NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD IN THE CITY OF TEMECULA (APN 909-370-
018 AND 909-370-032) PLANNING APPLICATION NO. PA07.{)220
6. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "OPERATING COVENANT AGREEMENT
(PROFESSIONAL HOSPITAL SUPPLY) BY AND BETWEEN THE
CITY OF TEMECULAAND PROFESSIONAL HOSPITAL SUPPLY,
INC."
BACKGROUND:
Plannina Commission Discussion: The proposed PHS facility expansion project consists of a
Development Agreement, General Plan Amendment, Tentative Tract Map, and Development Plan
with a Minor Exception for the development of an approximate 84-acre site. The property will be
designated as a future Specific Plan Area and subdivided into five lots. Four of the five lots will be
developed and one will be an easement parcel for slope and drainage purposes. The project will
accommodate for future industrial, commercial retail, office, high-density residential, and/or public
institutional facility land uses authorized by the Development Agreement. A future Specific Plan will
define the anticipated land uses and development standards for proposed Lots 1, 2, and 3. A
Development Plan for Lot 4 proposes a new industrial medical distribution facility for PHS. The
project will consist of a three-story, 608,934 square foot industrial building for office, warehouse/
distribution use, and a 400-square foot pump house. All five applications for the project were
reviewed and recommended for approval by the Planning Commission on September 5, 2007.
At the hearing, the Planning Commission expressed concern over some of the Development
Agreement language. Mr. Marty Weiss, the applicant's attorney, agreed to the minor technical
modifications. The City Attorney's office has incorporated the requested changes and the revised
Development Agreement is attached.
One speaker, Mr. AI Rattan, indicated his belief that a Mitigated Negative Declaration did not provide
adequate environmental review for the project and requested that the Planning Commission delay
action so that an Environmental Impact Report could be prepared. Mr. Rattan also expressed
concerns about the provisions of the Development Agreement and questioned the number of jobs
which PHS would actually be creating through this project.
Plannina Commission Action: The Planning Commission moved to recommend approval of all five
applications for the project (PA07 -0220, PA07 -0048, PA06-0370, PA06-0369, and PA07 -0090) with
a vote of 4-0 (Chairman Chiniaeff absent), subject to the following recommended changes:
. Delete Mitigation Measures Nos. 17 and 24 from the Mitigation Monitoring Program
regarding additional cultural resource testing prior to grading and the preservation of all
sacred sites
. Amend Mitigation Measure No. 22 of the Mitigation Monitoring Program to state, "Further
actions shall be determined pursuant to California Public Resources Code Section 5097.98"
. Delete Condition of Approval No. 60 from both the Development Plan and the Tentative
Tract Map regarding the preservation of all sacred sites
. Amend Condition of Approval No. 122 of the Development Plan to guarantee the
maintenance of the plantings for a two-year period
. Amend the expiration date for both the Development Plan and Tentative Tract Map
entitlements to match the term of the Development Agreement
. Amend the Planning Commission Resolution to recommend that the City Council adopt an
Ordinance for the Development Agreement
. Incorporate several technical changes into the language of the Development Agreement
FISCAL IMPACT: In an effort to retain and encourage this expansion of valuable jobs
and sales tax dollars to remain within the City of Temecula, it was necessary to create an Operating
Covenant Agreement that outlines incentives relating to this expansion. Specifically, the City of
Temecula is willing to defer up to $2 million in Development Impact Fees associated with this
development contingent on PHS maintaining their point of sale within the City of Temecula for eight
years. After the eight years, these fees would be considered forgiven at that time. This agreement
is a very positive step for both PHS and the City of Temecula as PHS is the single largest sales tax
producer within the CityofTemecula. PHS has also experienced a growth rate of 10% per year and
expects this to continue in the future. At this growth rate the City of Temecula stands to potentially
receive upwards of $25 million in sales tax generation over the course of ten years. Job growth is
also paramount as PHS currently employs 1,400 people within the Temecula facility and expects to
increase job growth by 20-30% over the next five years. This commitment to jobs through the
expansion clearly places the City of Temecula as the corporate hub for PHS.
ATTACHMENTS:
CC Resolution No. 07-_ (Mitigated Negative Declaration)
CC Resolution No. 07-_ (General Plan Amendment)
CC Resolution No. 07-_ (Tentative Tract Map)
CC Resolution No. 07-_ (Development Plan with Minor Exception)
CC Ordinance No. 07-_
Exhibit A - Development Agreement
CC Resolution No. 07-_
Exhibit A - Operating Covenant Agreement
Final Mitigation Monitoring Program
Final Conditions of Approval for TTM35181
Final Conditions of Approval for PHS Development Plan
Planning Commission Staff Report for September 5, 2007
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A MITIGATED NEGATIVE
DECLARATION FOR THE TEMECULA PROPERTIES
LLCIPROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST
CORNER OF DENDY PARKWAY AND WINCHESTER
ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909-
370-018 AND 909-370-032) WHICH CONSISTS OF
PLANNING APPLICATIONS NO. PA07-0048, A GENERAL
PLAN AMENDMENT, PA07-0220 A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND
PA06-0369 AND PA07 -0090, A DEVELOPMENT PLAN
WITH A MINOR EXCEPTION
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. The Project consists of the Temecula Properties LLC/Professional
Hospital Supply Project located on an 84-acre site at the northwest corner of Dendy
Parkway and Winchester Road (APN 909-370-018 and 909-370-032) and includes five
Planning Applications: PA07-0048, a General Plan Amendment; PA07-0220 a
Development Agreement; PA06-0370, a Tentative Map; and PA06-0369 and PA07-
0090, a Development Plan with a Minor Exception (the "Project").
B. The Mitigated Negative Declaration and the Project applications were
processed in the time and manner prescribed by State and local law.
C. On September 5, 2007, the Planning Commission held a duly noticed
public hearing as prescribed by law, at which time the City staff and interested persons
had an opportunity to and did testify either in support of or in opposition to the Project
and the Mitigated Negative Declaration.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve the
Project and the Mitigated Negative Declaration.
E. On September 25, 2007, the City Council held a duly noticed public
hearing on the Project and the Mitigated Negative Declaration as prescribed by law, at
which time the City staff and interested persons had an opportunity to and did testify
either in support or in opposition to the Project and the Mitigated Negative Declaration.
F. At the conclusion of the City Council hearing and after due consideration
of the testimony and the administrative record, the City Council adopted this Resolution.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 3. Environmental Findinas. The City Council hereby further finds and
determines that:
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Project as described in the Initial Study. Based upon the findings contained in the Initial
Study, City staff determined that there was no substantial evidence that the Project
could have a significant effect on the environment and a Mitigated Negative Declaration
was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and the City Council and incorporated into the administrative record of the
proceedings.
D. The City Council reviewed the Initial Study, Mitigated Negative
Declaration, various staff reports, all comments received regarding the Mitigated
Negative Declaration during the Public Comment Period, all comments received at the
public hearing before the Planning Commission and the City Council, and the
administrative record. Based on the whole record before the City Council hereby finds
and determines that: (1) the Mitigated Negative Declaration was prepared in compliance
with CEQA; (2) there is no substantial evidence that the Project will have a significant
effect on the environment; and (3) the Mitigated Negative Declaration reflects the
independent judgment and analysis of the City Council.
Section 4. Adootion of Mitioated Neoative Declaration. Based on the findings
set forth in this Resolution, the City Council adopts the Mitigated Negative Declaration
prepared for this project.
Section 5. Certification. The City Clerk shall certify to the adoption of this
Resolution. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A GENERAL PLAN
AMENDMENT TO TABLE LU-5 OF LAND USE ELEMENT
TO DESIGNATE AN 84-ACRE SITE LOCATED AT THE
NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN
AREA (APN 909-370-018 AND 909-370-032) PLANNING
APPLICATION NO. PA07-0048
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0048 that consists of a General
Plan Amendment to Table LU-5 of Land Use Element to designate an 84-Acre site
located at the northwest corner of Dendy Parkway and Winchester Road as a Future
Specific Plan Area (Apn 909-370-018 And 909-370-032) (the "Amendment").
B. The Amendment was processed in the time and manner prescribed by
State and local law.
C. On September 5, 2007, the Planning Commission held a duly noticed
public hearing as prescribed by law, at which time the City staff and interested persons
had an opportunity to and did testify either in support of or in opposition to the
Amendment.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve the
Amendment.
E. On September 25, 2007, the City Council held a duly noticed public
hearing on the Amendment as prescribed by law, at which time the City staff and
interested persons had an opportunity to and did testify either in support or in opposition
to the Amendment.
F. On September 25, 2007 the City Council adopted Resolution No. 2007-
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE
TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN
909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220, A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN WITH A MINOR EXCEPTION."
G. At the conclusion of the City Council hearing and after due consideration
of the testimony and the administrative record, the City Council adopted this Resolution.
H. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The City Council, in approving the General Plan
Amendment hereby further finds, determines and declares that:
A. The amendment is compatible with the health, safety and welfare of the
community;
The proposed amendment to add a future Specific Plan area to Table LU-5 of the
Land Use Element meets the goals and policies of the General Plan. and is
consistent with the anticipated impacts of the Final Environmental Impact Report
(EIR) for the General Plan and the guidelines of the Development Code. Any
future proposals for the Specific Plan area will be subject to the City's General
Plan, Development Code and Design Guidelines to ensure the public health,
safety and welfare of the community is maintained as new development occurs.
B. The amendment is compatible with existing and surrounding uses;
The proposed amendment to add a future Specific Plan area to Table LU-5 of the
Land Use Element is compatible with the existing and surrounding uses because
any future proposals for the 84-acre site will be consistent with the goals and
policies of the General Plan and the content and processing requirements
contained in the Development Code. Therefore. the proposed amendment will
be compatible with existing and future uses in the surrounding area.
C. The amendment will not have an adverse effect on the community and are
consistent with the goals and policies of the adopted General Plan;
The proposed amendment will not conflict with the existing zoning or designated
land uses throughout the City. The proposed amendment will result in compatible
future development, which will meet the recommended land use and circulation
pattern, maximum density and intensity of development, a desired mix of uses
and other factors consistent with the goals and policies of the General Plan.
Section 3. Aooroval. The City Council hereby approves Planning Application
No. PA07-0048 consisting of a General Plan Amendment to Table LU-5 of Land Use
Element to designate an 84-Acre site located at the northwest corner of Dendy Parkway
and Winchester Road as a Future Specific Plan Area (APN 909-370-018 and 909-370-
032).
Section 4 Certification. The City Clerk shall certify to the adoption of this
Resolution. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A TENTATIVE TRACT MAP
(TTM 35181) TO SUBDIVIDE AN APPROXIMATE 84-
ACRE SITE INTO FIVE PARCELS, FOUR DEVELOPABLE
LOTS AND ONE SLOPE AND EASEMENT PARCEL,
LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD (APN 909-370-018
AND 909-370-032) PLANNING APPLICATION NO. PA06-
0370
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA06-0370 that consists of a Tentative
Tract Map to subdivide an approximate 84-acre site into five parcels located at the
northwest corner of Dendy Parkway and Winchester Road (RN 909-370-018 and 909-
370-032) (the "Tentative Tract Map").
B. The Tentative Tract Map was processed in the time and manner
prescribed by State and local law.
C. On September 5, 2007, the Planning Commission held a duly noticed
public hearing as prescribed by law, at which time the City staff and interested persons
had an opportunity to and did testify either in support of or in opposition to the Tentative
Tract Map.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve the
Tentative Tract Map.
E. On September 25, 2007, the City Council held a duly noticed public
hearing on the Tentative Tract Map as prescribed by law, at which time the City staff
and interested persons had an opportunity to and did testify either in support or in
opposition to the Tentative Tract Map.
F. On September 25, 2007 the City Council adopted Resolution No. 2007-
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE
TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN
909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220, A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN WITH A MINOR EXCEPTION."
G. At the conclusion of the City Council hearing and after due consideration
of the testimony and the administrative record, the City Council adopted this Resolution.
H. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The City Council, in approving the Tentative
Tract Map hereby finds, determines and declares that:
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code, General Plan, and the City of
Temecula Municipal Code;
Tentative Tract Map No. 35181 is consistent with the General Plan, the
Subdivision Ordinance. the Development Code. and Municipal Code because the
project has been designed in a manner that is consistent with the policies and
standards in the General Plan. Subdivision Ordinance. Development Code. and
Municipal Code.
B. The Tentative Map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, or the
land is subject to a Land Conservation Act contract but the resulting parcels following
division of the land will not be too small to sustain agricultural use;
The subject parcels do not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965. The
subject property has not been designated for conservation or agricultural land
and is not subject to the California Land Conservation Act of 1965.
C. The site is physically suitable for the type and proposed density of
development proposed by the Tentative Map;
The site is physically suitable for the proposed industrial development because
the proposed use is consistent with the General Plan and Development Code.
The proposed Tentative Tract Map (TTM 35181) meets the minimum lot size
requirements contained within the Development Code, and is consistent with all
of the requirements found within City of Temecula General Plan and the City of
Temecula Subdivision Ordinance. The subdivision (TTM 35181) is therefore
consistent with the Light Industrial zone.
D. The design of the subdivision and the proposed improvements, with
Conditions of Approval are not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat;
The proposed project site does contain sensitive habitat. The project impacts will
be mitigated to a level of insignificance based upon the identified mitigation
measures and the Conditions of Approval and will not therefore cause significant
environmental damage or substantially and avoidably injure fish or wildlife in their
habitat.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
The project. as conditioned by the Fire Prevention Bureau. the Public Works
Department. and the Building and Safety Department. will comply with the
applicable improvement requirements designed to prevent serious public health
problems. Furthermore, provisions are made in the General Plan and the
Development Code to ensure that the public health, safety and welfare are
safeguarded. The project is consistent with these documents.
F. The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible;
Prior to any issuance of building permits for the subject subdivision, and prior to
any construction, the applicant will be required to submit building plans to the
City of Temecula Building Department. These plans will be required to comply
with all applicable Uniform Building Codes. which also include requirements for
energy conservation. Therefore. the construction plans will comply with all
applicable building codes and State energy guidelines.
G. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through or use of
property within the proposed subdivision, or the design of the alternate easements
which are substantially equivalent to those previously acquired by the public will be
provided;
The required right-of-way easements, including the future Western Bypass and
Cherry Street alignments. are included on the Tentative Tract Map (TTM 35181).
The City has reviewed these easements and the design of alternate easements.
and determined the type of improvements will not conflict with the easements
acquired by the public at large for access through or use of property within the
proposed subdivision.
H. The subdivision is consistent with the City's parkland dedications
requirements (Quimby);
The subdivision is consistent with the dedication requirement.
Section 3. Aooroval. The City Council hereby approves Planning Application
No. PA06-0370 consisting of a Tentative Tract Map to subdivide an approximate 84-
acre site into five parcels located at the northwest corner of Dendy Parkway and
Winchester Road (RN 909-370-018 and 909-370-032).
Section 4. Certification. The City Clerk shall certify to the adoption of this
Resolution. This Resolution shall take effect upon its adoption
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A DEVELOPMENT PLAN
TO CONSTRUCT A THREE-STORY, 608,934 SQUARE
FOOT INDUSTRIAL DISTRIBUTION BUILDING ON AN
APPROXIMATE 32-ACRE SITE GENERALLY LOCATED
AT THE NORTHWEST CORNER OF DENDY PARKWAY
AND WINCHESTER ROAD, AND A MINOR EXCEPTION
TO ALLOW FOR A ONE PERCENT BUILDING HEIGHT
INCREASE FROM 50' TO 50'8" (APN 909-370-018 AND
909-370-032) PLANNING APPLICATIONS NO. PA06-0369
AND PA07-0090
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Applications No. PA06-0369 and PA07-0090 that
consists of a Development Plan with a Minor Exception to construct a three-story,
608,934 square foot industrial distribution building on an approximate 32-acre site
generally located at the northwest corner of Dendy Parkway and Winchester Road, and
a Minor Exception to allow for a one percent building height increase from 50' to 50'8"
(APN 909-370-018 and 909-370-032) (the "Development Plan").
B. The Development Plan was processed in the time and manner prescribed
by State and local law.
C. On September 5, 2007, the Planning Commission held a duly noticed
public hearing as prescribed by law, at which time the City staff and interested persons
had an opportunity to and did testify either in support of or in opposition to the
Development Plan.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve the
Development Plan.
E. On September 25, 2007, the City Council held a duly noticed public
hearing on the Development Plan as prescribed by law, at which time the City staff and
interested persons had an opportunity to and did testify either in support or in opposition
to the Development Plan.
F. On September 25, 2007 the City Council adopted Resolution No. 2007-
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE
TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN
909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220, A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN WITH A MINOR EXCEPTION."
G. At the conclusion of the City Council hearing and after due consideration
of the testimony and the administrative record, the City Council adopted this Resolution.
H. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The City Council, in approving the Development
Plan and Minor Exception hereby finds, determines and declares that:
Develooment Plan IDevelooment Code Section 17.05.010.F)
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other ordinances of the City;
The project is consistent with the General Plan and the Development Code
because the project has been designed in a manner that it is consistent with the
applicable policies and standards for light industrial development. The proposed
industrial use is permitted in the land use designation standards contained in the
General Plan and Development Code. The site is properly planned and zoned.
and as conditioned. is physically suitable for the type of development proposed.
The project. as conditioned. is also consistent with other applicable requirements
of State law and local ordinances, including the California Environmental Quality
Act (CEQA), the Citywide Design Guidelines, and fire and building codes.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
The overall design of the project, including site design, building height, setbacks,
parking, circulation, and other associated site improvements is intended to
protect the health and safety of those working in and around the site. The project
is consistent with all applicable policies. guidelines. standards and regulations
intended to ensure that the development will be constructed. and function in a
manner consistent with the public health. safety. and welfare.
Soecial Use Reaulations and Standards, Increase in Floor Area Ratio IDevelooment
Code Section 17.08.050.A.2)
A. The project includes a use which provides outstanding and exceptional
benefits to the City with respect to the employment, fiscal, social and economic needs of
the community;
The project provides exceptional fiscal and economical benefits to the City in that
Professional Hospital Supply (PHS) is a major employer within the City, as well
as a large generator of sales tax revenue. PHS has experienced substantial
growth and their continued growth and expansion within the City will help to meet
the fiscal and economic needs of the community. The proposed expansion site
requires a four percent floor area ratio increase for a state of the art distribution
facility and office headquarters large enough to accommodate future growth of
PHS operations.
Minor Exceotion IDevelooment Code Section 17.03.060.0\
A. There are practical difficulties or unnecessary hardships created by strict
application of the code due to the physical characteristics of the site;
There are practical difficulties related to the building construction and architecture
that make it difficult to meet the development standards for the Light Industrial
(LI) zone without the Minor Exception. In order to provide an appropriate ceiling
height for each of the office floors and visually screen roof top equipment the
cornice along the office portion of the building must be 50'8" in height. thus
requiring a one percent building height increase to meet the development
standards of the LI zone. Without the granting of the Minor Exception the
building would not meet the current standards, which poses a practical difficulty
and unnecessary hardship.
B. The Minor Exception does not grant special privileges which are not
otherwise available to surrounding properties and will not be detrimental to the public
welfare or the property of other persons located in the vicinity;
The Minor Exception does not grant special privileges which are not otherwise
available to surrounding properties because the exception is consistent with
Development Code. which allows for up to a 15 percent deviation from the LI
development standard. The request for the Minor Exception allows for the one
percent height increase of 8" and special privileges have not been granted which
are not otherwise available by meeting the findings within the Development
Code. The granting of this exception will not be detrimental to the public welfare
or property of other persons within the vicinity as the height increase is only for
the office portion of the building. which is only 14 percent of the entire building
footprint.
C. The Minor Exception places suitable conditions on the property to protect
surrounding properties and does not permit uses which are not otherwise allowed in the
zone;
The Minor Exception to increase the building height places suitable conditions on
the property to protect surrounding properties. The proposed project is for an
industrial building, which is permitted in the Light Industrial zone. The Minor
Exception will allow a one percent height increase. which will not allow for uses
which are not otherwise allowed in the zone.
Section 3. Aooroval. The City Council hereby approves Planning Applications
No. PA06-0369 and PA07-0900 consisting of a Development Plan with a Minor
Exception to construct a three-story, 608,934 square foot industrial distribution building
on an approximate 32-acre site generally located at the northwest corner of Dendy
Parkway and Winchester Road, and a Minor Exception to allow for a one percent
building height increase from 50' to 50'8" (RN 909-370-018 and 909-370-032).
Section 4. Certification. The City Clerk shall certify to the adoption of this
Resolution. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A DEVELOPMENT
AGREEMENT BETWEEN TEMECULA PROPERTIES,
LLC, PROFESSIONAL HOSPITAL SUPPLY, INC., AND
THE CITY OF TEMECULA FOR AN APPROXIMATE 84-
ACRE SITE GENERALLY LOCATED AT THE
NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD IN THE CITY OF TEMECULA (APN
909-370-018 AND 909-370-032) PLANNING APPLICATION
NO. PA07 -0220
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0220, a Development Agreement
between Temecula Properties LLC, Professional Hospital Supply, Inc, and the City of
Temecula for an 84-Acre site located at the northwest corner of Dendy Parkway and
Winchester Road as a Future Specific Plan Area (APN 909-370-018 and 909-370-032)
(the "Development Agreement").
B. The Development Agreement was processed in the time and manner
prescribed by State and local law.
C. On September 5, 2007, the Planning Commission held a duly noticed
public hearing as prescribed by law, at which time the City staff and interested persons
had an opportunity to and did testify either in support of or in opposition to the
Development Agreement.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve the
Development Agreement.
E. On September 25, 2007, the City Council held a duly noticed public
hearing on the Development Agreement as prescribed by law, at which time the City
staff and interested persons had an opportunity to and did testify either in support or in
opposition to the Development Agreement.
F. On September 25, 2007 the City Council adopted Resolution No. 2007-
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE
TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN
909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220 A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN WITH A MINOR EXCEPTION."
F. Following due consideration of the testimony received at the public
hearings and the administrative record, the City Council adopted this Ordinance.
G. All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. Further Findinas. The City Council hereby finds and determines
that:
A. The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula General Plan and
each of its elements in that the Development Agreement makes reasonable provision
for the use of certain real property for industrial, commercial and residential
development.
B. The Development Agreement complies with the goals and objectives of
the Circulation Element of the General Plan, and the traffic impacts of the development
will be less than significant or substantially mitigated by the mitigation measures and
Conditions of Approval imposed.
C. The Project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning district in which the
property subject to the Development Agreement is located, and that this Development
Agreement is consistent with good planning practices by providing for the opportunity to
develop the property consistent with the General Plan.
D. The Development Agreement is in conformity with the public convenience,
general welfare, and good land use practice because it makes reasonable provision for
a balance of land uses compatible with the remainder of the City.
E. The Development Agreement will not be detrimental to and will promote
the health, safety, or general welfare of the community because it provides adequate
assurances for the protection thereof.
F. The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are expansion of an important local
employer that could bring additional employment opportunities to local residents.
G. The potential significant impacts to the environment from the project will
be mitigated to a less than significant level based upon the identified mitigation
measures.
Section 3. Approval The City Council of the City of Temecula hereby
approves that certain agreement entitled "Development Agreement Temecula
Properties, LLC" by and between the City of Temecula, Temecula Properties LLC, and
Professional Hospital Supply, Inc. ("Development Agreement"), in substantially the form
attached hereto as Exhibit A, with such changes to the Development Agreement as may
be mutually agreed upon by Temecula Properties, LLC, Professional Hospital Supply
and the City Manager and which are in substantial conformance with the form of such
Development Agreement attached hereto. The Mayor is hereby authorized to execute
the Development Agreement, including related exhibits and attachments on behalf of
the City. A copy of the final Agreement when executed by the Mayor and the other
parties shall be placed on file in the Office of the City Clerk.
Section 4. Authoritv of Citv Manaaer. The City Manager (or his designee), is
hereby authorized, on behalf of the City, to take all actions necessary and appropriate to
carry out and implement the Development Agreement and to administer the City's
obligations, responsibilities and duties to be performed under the Development
Agreement, including but not limited to, approval and execution on behalf of the City of
acceptances, certificates, certificates of completion and such other implementing
agreements and documents as contemplated, necessary or described in the
Development Agreement.
Section 5. Certification. The City Clerk shall certify to the adoption of this
Resolution. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of Sept ember, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 07- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 25th day of September,
2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City
of Temecula at a meeting thereof held on the 25th day of September, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Temecula
43200 Business Park Drive
P.O. box 9033
Temecula, California 92589-9033
Attn: City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
DEVELOPMENT AGREEMENT
TEMECULA PROPERTIES, LLC
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of
[DATE], by and between the TEMECULA PROPERTIES, LLC, a California limited liability
company (hereinafter "OWNER"), PROFESSIONAL HOSPITAL SUPPLY, INC., a California
corporation (hereinafter "PHS"), 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.
RECIT ALS
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize terms that are separately defined by Section 1
or by other Sections of this Agreement. It is the intent of the parties that these words shall have
the same meaning in these Recitals as they do in the Agreement.
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 for the following purposes:
1. Ensuring high quality development in accordance with comprehensive
plans;
2. Reducing uncertainty in the development approval process that might
otherwise result in a waste of resources, discourage investment, and escalate the cost of
development to the consumer;
3. Strengthening the CITY's comprehensive planning process to provide for
the most efficient use of public and private resources by encouraging private participation in the
comprehensive planning process;
946783.6 Final 9/18/07
1
4. Assuring owners of land that upon approval, they may proceed with their
projects in accordance with defined policies, rules, regulations, and conditions of approval; and
5. Providing for the financing and/or construction of necessary public
facilities.
C. In addition to the general purposes stated above, the following are among the
considerations supporting this Agreement:
1. This Agreement authorizes OWNER to develop an approximately eighty-
four (84) acre property located within the CITY of Temecula, the County of Riverside, State of
California (the "Property"), described in Exhibit "A" with a potential mixture of industrial,
commercial retail, office, high density residential, and public institutional facility uses, as further
defined in this Agreement.
2. This Agreement will provide for both parties: (a) a high quality
development on the Property subj ect to this Agreement; (b) certainty in the type of development
to be undertaken on the Property; and (c) the assurance of adequate public facilities to ensure the
good of the community regardless of the CITY's legal authority to impose such requirements
under constitutional or statutory authority.
3. For the CITY, this Agreement serves to provide for: (a) employment
growth anticipated to result from the Development of the Property, both during construction and
use; (b) an increase in tax revenues anticipated to result from the Development of the Property;
and (c) the achievement of the goals and directives of its General Plan.
4. The development of new commercial facilities and offices is an integral
part of OWNER's development plans for the Property. Such facilities are expected to bring
employment and generate sales tax revenue for the CITY.
5. OWNER will co-operate in facilitating the Western By-Pass. The CITY is
planning for the design, financing, and construction ofthe Western By-Pass. At this time the
CITY contemplates, but has not approved, a financing mechanism, such as but not limited to an
assessment district or a community facilities district, by which the Western By-Pass will be
funded with Transportation Uniform Mitigation Fees ("TUMF") and grant funds and the
properties benefited by the Western By-Pass would pay their fair share of the costs not covered
by TUMF or grant funds with credits for appropriate TUMF contributions. OWNER obligations
under applicable law will require a substantial payment ofTUMF. Any provision of this
Agreement to the contrary notwithstanding, this Agreement does not impose any duty upon
OWNER to vote in favor of or join in the formation of a community facilities district or similar
entity for financing all or any part of the Western By-Pass. In the event ofthe formation of a
community facilities district or similar entity that includes the Property for financing all or any
part of the Western By-Pass, OWNER shall receive credits against its obligation to pay TUMF
and/or other fees and/or assessments related to transportation. In the event OWNER has
previously thereto paid TUMF fees and the Property becomes subject to the payment of special
assessments or similar impositions by virtue of being included in a community facilities district
or similar financing entity, then OWNER shall be entitled to a credit against any such special
946783.6 Final 9/18/07
2
assessments and/or similar impositions in the amount of the said TUMF fees previously paid on
account of the Property.
D. OWNER desires to develop the Property in accordance with the provisions of this
Agreement, the Applicable Regulations, and those other agencies exercising jurisdiction over the
Property.
E. OWNER has applied for, and the CITY has approved, this Agreement in order to
create beneficial development of the Property and a physical environment that will conform to
and complement the CITY's goals, create development sensitive to human needs and values,
facilitate efficient traffic circulation, and otherwise provide for the development of the Property
in accordance with the best interests ofthe CITY.
F.
Project:
The following actions have been taken with respect to this Agreement and the
1. On September 4, 2007, following a duly noticed and conducted public
hearing, the CITY Planning Commission recommended that the CITY Council approve this
Agreement;
2. On September 25, 2007 after a duly noticed public hearing and pursuant to
the California Environmental Quality Act of 1970, as amended, ("CEQA") the CITY Council
adopted Resolution 2007-_ approving the Mitigated Negative Declaration for the Project
Approvals, this Agreement, and the Proj ect;
3. On September 25,2007, following a duly noticed public hearing, the City
Council introduced Ordinance No. 2007- and on October 9,2007 held the second reading
and adopted Ordinance No. 2007- approving this Agreement, a copy of which is on file in
the CITY Clerk's Office at the CITY, which ordinance includes the findings pertaining thereto,
including those relating to the CEQA documentation for the Project and this Agreement's
consistency with the CITY's General Plan and each element thereof and any specific plans
relating to the property.
4. On September 25,2007, after a duly noticed public hearing, the City
Council adopted to following resolutions approving certain entitlements for the Project (the
"Project Approvals"): (1) Resolution No. 07-_ approving Planning Application No. PA07-
0048 General Plan Amendment; (2) Resolution No. 07- approving Planning Application
No. 06-370 Tentative Tract Map TTM 35181; (3) Resolution No. 07- approving Planning
Application No. PA06-0369 Development Plan; (4) Resolution No. 07- approving Planning
Application No. PA07-0090 Minor Exception.
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 has concluded that the Project is in the best interests of the CITY.
H. In consideration of the public improvements and beneficial uses of the Property to
be provided by OWNER for the CITY and in order to strengthen the planning process for this
Property and reduce the economic costs of development, by this Agreement, the CITY intends to
946783.6 Final 9/18/07
3
give OWNER assurance that OWNER can proceed with the Development of the Property for the
Term of this Agreement pursuant to the terms and conditions of this Agreement and in
accordance with the Project Approvals and CITY's Applicable Regulations. 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 Development ofthe Property
feasible.
1. Pursuant to Section 65867.5 of the Development Agreement Legislation, the
CITY Council has found and determined that: (i) this 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 oflife 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 each element thereof and any applicable specific 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.
J. OWNER and Professional Hospital Supply, Inc. ("PHS") have entered into an
agreement providing for the lease of the PHS Property to PHS (as defined in Section 1.14) along
with an option for PHS to purchase the PHS Property from OWNER for the development of the
PHS Facility. A memorandum of this agreement is recorded in the Riverside County Recorder's
Office as Document No. 2007-
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
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 Agreement and each defined term shall have the meaning set forth below.
No. 2007-
Agreement.
1.1. Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance
adopted by the CITY on , 2007 approving this
1.2. Applicable Regulations. The phrase "Applicable Regulations" is defined
in Section 3.1.2 below.
1.3. 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.
946783.6 Final 9/18/07
4
1.4. CITY Council. "CITY Council" means the duly elected and constituted
CITY Council of the CITY.
1.5. Develooment. "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.
1.6. Develooment Agreement Legislation. The "Development Agreement
Legislation" means Sections 65864 through 65869.5 of the California Government Code as it
exists on the Effective Date.
1.7. Effective Date. "Effective Date" means the date that the Agreement
becomes effective in accordance with Section 2.3.1, below.
1.8. Future Develooment Aoorovals. "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.
1.9. Off-Site Imorovements. "Off-Site Irllprovements" means the
improvements set forth on Exhibit B.
1.10. OWNER. "OWNER" shall mean TEMECULA PROPERTIES, LLC, a
California limited liability company, and all successors in interest, in whole or part, to this entity
with respect to that portion of the Property other than the PHS Property, and PROFESSIONAL
HOSPIT AL SUPPLY, INC. and all successors in interest, in whole or part, to this entity with
respect to the PHS Property.
1.11. Intentionallv Omitted
1.12. PHS "PHS" shall mean Professional Hospital Supply, Inc.
1.13 PHS-Related Transferee "PHS-Related Transferee" shall mean an
affiliated entity of PHS nominated to hold the PHS Property for the use and development of the
business of PHS.
1.14. PHS Property. "PHS Property" shall mean the approximately 36.96 acres
of the Property which OWNER has leased to PHS with an option to purchase and which is
further described and depicted on Exhibit C, and more particularly described as Lot 4 of
Tentative Tract Map No. 35181.
1.15. Proiect. "Project" shall mean Development of the Property for industrial,
commercial, retail, offices, high-density residential and public institutional facility uses in
accordance with the Project Approvals and this Agreement, inclusive ofthe permitted uses and
regulations set forth herein.
1.16. Proiect Aoorovals. The phrase "Project Approvals" as used herein shall
mean all City approvals, entitlements, or both pertaining to the Project, including without
946783.6 Final 9/18/07
5
limitation, the following resolutions approving certain entitlements for the Project: (1)
Resolution No. 07-_ approving Planning Application No. PA07-0048 General Plan
Amendment; (2) Resolution No. 07- approving Planning Application No. 06-370 Tentative
Tract Map TTM 35181; (3) Resolution No. 07- approving Planning Application No. P A06-
0369 Development Plan; (4) Resolution No. 07- approving Planning Application No. PA07-
0090 Minor Exception.. The Parties will cooperate in good faith in the adoption of a Planned
Development Ordinance if and when the OWNER applies for the same.
1.17. Prooertv. "Property" shall mean the property depicted and described in
Exhibit A.
1.18. Public Imorovements. "Public Improvements" shall mean the Off-Site
Improvements described on Exhibit B.
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 in accordance with Section 2.5 ofthis Agreement.
1.20. Western Bv-Pass. "Western By-Pass" shall mean that road described on
Exhibit E.
2. General Provisions.
2.1. Binding Covenants. The provisions of this Agreement, to the extent
permitted by law, constitute covenants that 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 or
equitable 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, commencing upon the
issuance by the CITY of a Certificate of Occupancy for the building to be constructed on the
PHS Property, subject to specific extensions, revisions, and termination provisions of this
Agreement. When the Term has been determined, the parties shall execute and record an
Operating Memorandum pursuant to Section 2.6.4 of the Agreement that will confirm the Term.
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.
2.3.1 Effective Date. This Agreement shall become effective only after
both: (1) the Authorizing Ordinance becomes effective; and (2) the OWNER either sells the PHS
Property to PHS or leases the PHS Property to PHS for a term of not less than eight years. The
Effective Date shall be the date on which the later of these two events occurs. When the parties
946783.6 Final 9/18/07
6
determine the Effective Date, they shall execute and record an Operating Memorandum pursuant
to Section 2.6.4 of the Agreement confirming the Effective Date.
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: (I) 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
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 from entitlements
issued by the CITY or other land use approvals approved prior to, concurrently or subsequent to
the approval ofthis 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. Restrictions on Transfers. With the exception of the sale or lease
of the PHS Property to PHS required for this Agreement to go into effect, 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 the
transferred portion of the Property, to any Transferee until such time as the Public Improvements
have been accepted by the CITY Council unless the CITY has approved the transfer prior to its
completion. CITY shall not umeasonably withhold or unreasonably delay 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; and (3) the Transferee has obtained replacement bonds,
accepted by the CITY for the Public Improvements (in which event, the City shall release the
OWNER's corresponding Public Improvement bonds). In the event of any sale, assignment, 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
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.
2.5.2. 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 for
that portion of the Property as set forth in this Agreement, except as provided in this Agreement
or as may be modified in an Operating Memorandum pursuant to Section 2.6.4. Notwithstanding
this Section or any other provisions of this agreement, no Transferee of the PHS Property shall
be responsible for the design or construction of any Public Improvements (or any portion
946783.6 Final 9/18/07
7
thereof) except those that bear a direct relationship, i.e., "nexus" to the Development of the PHS
Property.
2.6. Amendment of Develooment 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. Ooerating 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 more 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
on behalf of the CITY by the CITY Manager, or such person designated in writing by the CITY
Manager, 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.
2.7. Term ofMao(s) and Other Proiect AODrovals. Pursuant to California
Government Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map
that has been or in the future may be processed for all or any portion of the Property and the term
of each of the Project Approvals shall be deemed extended without further required action for a
period of time through the scheduled termination date of this Agreement as set forth in Section
2.3 above if such map or Project Approval would otherwise have expired prior thereto.
2.8. Amendments to Proiect Aoorovals. It is contemplated by CITY and
OWNER that OWNER may, from time to time, seek amendments to one or more ofthe Project
Approvals. Any such amendments are contemplated by CITY and OWNER as being within the
scope of this Agreement as long as they are consistent with the Applicable Regulations and shall,
upon approval by CITY, continue to constitute the Project Approvals as referenced herein. The
946783.6 Fina19/18/07
8
parties agree that any such amendments shall not constitute an amendment to this Agreement nor
require an amendment to this Agreement.
2.9. Infrastructure Phasing Flexibilitv. Notwithstanding the provisions of any
phasing requirements in the Project Approvals, OWNER and CITY recognize that economic and
market conditions may necessitate changing the order in which the infrastructure is constructed
so long as the modification continues to ensure adequate infrastructure is available to serve that
portion of the Project being developed. Therefore, CITY and OWNER hereby agree that should
it become necessary or desirable to develop any portion of the Project's infrastructure in an order
that differs from the order set forth in the Project Approvals, OWNER and CITY shall
collaborate in a good faith effort to agree upon any reasonable modification requested by
OWNER provided, however, that any modification to the order of construction of the
infrastructure as provided in this Agreement and the Project Approvals shall be approved by the
OWNER and CITY in an Operating Memorandum.
3. Develooment of the Prooertv.
3.1. Develooment and Control ofDevelooment.
3.1.1. Control of Develooment. 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 ofthis Agreement, the Project Approvals and all Applicable Regulations. Except as
otherwise specified in the Project Approvals and this Agreement, the Applicable Regulations
shall control the design and Development, Future Development Approvals and all Off-Site
Improvements and appurtenances in connection therewith. The Applicable Regulations are only
those written rules, policies, ordinances, and resolutions described in Section 3.1.2.1 below.
OWNER and CITY shall use reasonable efforts to compile the Applicable Regulations in a
permanent written form, which shall be kept on file in the Office of the CITY Clerk with a copy
to each party.
3.1.2. Aoolicable Regulations. The regulations applicable to the
Development of the Property shall consist of the following requirements ("Applicable
Regulations").
3.1.2.1. General Develooment Regulations. Except as
otherwise specified in this Agreement, the ordinances, rules, regulations and official policies
governing the permitted uses of the Property, including but not limited to the permitted density
and intensity of use, 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 Effective Date.
3.1.2.2. Uses. OWNER shall develop the Property for
industrial, commercial, retail, high-density residential, and public institutional facility uses, in
946783.6 Final 9/18/07
9
accordance with the specific matrix of permitted uses set forth in Exhibit "F" attached hereto.
No other uses shall be allowed on the Property unless otherwise authorized by this Agreement,
the Project Approvals, or the Applicable Regulations.
3.1.2.3. Multi-Familv Parcel- Affordable Housing. The
following affordable housing requirements shall be applicable to the "Multi-Family Parcel" (as
designated hereinafter):
1. Multi-Familv Parcel. Any multi-family residential uses on the 12
acre parcel on the east side of the Property, as described on Exhibit F ("Multi-
family Parcel"), shall include an affordable housing component in accordance
with this Section.
2. For Sale/For Rent - Moderate Income Requirements. Not less
than twenty percent (20%) of the units developed in each phase of Development
of the Multi-family Parcel shall be restricted for sale at Affordable Housing Cost
to Persons or Families of Moderate Income or for rent to Persons or Families of
Moderate Income at Affordable Rent.
3. Term of Affordable Housing Requirements. The affordable
housing requirements for each unit on the Multi-family Parcel shall be in effect
for a period of not less than fifty-five (55) years from the date of the certificate of
occupancy for the unit.
4. Regulatorv Agreement. The restrictions set forth in this Section as
well as the means to implement this Section, including, but not limited to,
designation of the affordable housing units, marketing and outreach procedures,
procedures for verifying qualified buyers or renters, restrictions on subsequent
sales and rentals, lender consent and subordination, and other necessary
implementation provisions shall be set forth in a Regulatory Agreement approved
by the CITY and OWNER and which Regulatory Agreement shall be recorded
prior to the issuance of the first building permit for the Multi-family Parcel.
5. Definitions. "Persons or Families of Moderate Income" shall be
defined for the purposes of this Agreement as such term is defined in Section
50093 of the California Health and Safety Code or its successor statute.
"Affordable Housing Cost" shall be defined for the purposes of this Development
Agreement as such term is defined in Section 50052.5 of the California Health
and Safety Code or its successor statute. "Affordable Rent" shall be defined for
the purposes of this Agreement as such term is defined in Section 50053 of the
California Health and Safety Code or its successor statute.
3.1.2.4. Uniform Building Codes. Development of the
Property shall be subject to such uniform building codes and fire codes as may be adopted by the
CITY pursuant to Chapter 15.04 and 15.16 of the Temecula Municipal Code, in effect as ofthe
date the building plans are submitted to the CITY for plan check and approval of the building
permit.
946783.6 Final 9/18/07
10
3.1.2.5 Floor Area Ratio for PHS Property The Floor Area
Ratio for the PHS Property shall not exceed forty- five percent (45%). This Section 3.1.2.5 shall
be effective only upon the close of escrow of a sale or lease of the PHS Property to PHS or a
PHS-Related Transferee. If the PHS Property is not sold or leased to PHS or a PHS-Related
Transferee, then the provisions of the Temecula Municipal Code on the effective date of this
Agreement pertaining to floor area ratios shall govern the PHS Property
3.1.2.6. Final Map Approval OWNER agrees the CITY
shall not be required to approve the Final Map for Tentative Map No. 35181 in the event that the
OWNER fails to meet or perform any or all of the material requirements of this Agreement
pertaining to the physical development of the Property.
3.1.2.7
Limitation on PHS Property Vested Rights
The parties agree that the public benefits of this Agreement to the CITY which enhance the
public health, safety and welfare are dependent on a successful conveyance of the PHS Property
to PHS or a PHS-Related Transferee for the development and operation of a facility for PHS's
business. The parties further agree that it is the particular uses of the PHS Property as a facility
for PHS's business that justifies the modifications to current zoning and subdivision standards
for the PHS Property as provided in this Agreement. Therefore, the parties agree that the rights
to develop the PHS Property in accordance with the requirements for Lot 4 of Tentative Tract
Map No. 35181 shall become vested rights under this Agreement only upon and conditioned
upon the closing ofthe sale or lease of the PHS Property to PHS or a PHS-Related Transferee for
the development of PHS's Temecula Facility as described in the Deferral Agreement. In the
event the OWNER seeks to develop the PHS Property for a user other than PHS's Temecula
Facility, the CITY shall have the right to condition the Future Development Approvals for the
non-PHS development with such conditions related to slopes and access points as the CITY
deems appropriate even if such conditions may be inconsistent with the slopes and access points
for the PHS Property as shown on that portion of Tentative Map No. 35181 designated as Lot 4.
3.1.2.8. Subsequent Approvals. In connection with any
Future Development 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. Upon CITY's granting any Future
Development Approval, such Future Development Approval shall become part of the Project
Approvals.
3.1.2.9 Development Phasing. No building permits shall be
issued for the that portion of the Property other than the PHS Property until such time as a
building permit has been issued for the facilities to be constructed on the PHS Property pursuant
to the Project Approvals.
3.1.3. Imoact Fees.
946783.6 Final 9/18/07
11
3.1.3.1. Develooment Imoact 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 and DIF
rates to be imposed upon parcels within the Property for the entire Term during which this
Agreement is in effect and shall be those rates in effect on the Effective Date. Resolution No.
03-63 is attached hereto as Exhibit G, and is hereby incorporated by reference. The DIF and the
DIF rates shall apply only to the CITY's development impact fees and not to the TUMF, any
similarly regional impact fees described in Section 3.1.3.2 of this Agreement or to any other
development impact fees imposed by another governmental agency not under the control,
directly or indirectly, of the CITY. OWNER shall be entitled to such credits as might be
available pursuant to the terms of Chapter 15.04 or other provisions of the Applicable
Regulations and this Agreement.
3.1.3.1.1 All persons or entities holding title or
interest in any portion of the Property, including any, each, and all successors and assigns of
OWNER shall be separately responsible for payment of any and all DIP for that portion of the
property developed by such person or entity. Notwithstanding this Section or any other
provision of this Agreement, the OWNER and any PHS-related Transferee of the PHS Property
shall not be required to pay DIP related to the Development of the PHS Property, it being agreed
that the payment of DIP in connection with the Development of the PHS Property by PHS shall
be subject to the Deferral Agreement between the CITY and PHS and described in Section 3.1.6
of this Agreement.
3.1.3.2. TUMF Fees. The presently adopted Transportation
Uniform Mitigation Fee, as defined in Chapter 15.08 ofthe Temecula Municipal Code, any
future similar regional development impact fee, or any other development impact fees imposed
by another governmental agency 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. OWNER shall
be entitled to such credits as might be available pursuant to the terms of Chapter 15.08 or the
terms of the future allowable fees. Notwithstanding this Section 3.1.3.2, any regional
development impact fee that CITY has the discretion to adopt or not adopt, similar to the TUMF
or other existing regional fees, shall, if adopted by CITY, not be applicable to the OWNER or the
Property.
3.1.3.3. Aoolication/Processin2: Fees. OWNER shall pay
the application and processing fees customarily imposed on the type of entitlement and/or permit
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, which fees are designed to reimburse CITY's expenses attributable to processing such
applications for entitlements, permits, or both.
3.1.4. Timin2: of Develooment. 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. 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
946783.6 Final 9/18/07
12
such application is made in accordance with this Agreement and the Applicable 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
Development and construction on the Property.
3.1.5. Permits and Aoorovals - Coooeration. 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 OWNER, including without limitation such permits, approvals, and/or consents
required by the MSHCP, as more fully set forth in Section 4.1.11, below. This cooperation shall
not entail any economic contribution by the CITY. The CITY will process all land use
applications, plans, maps, CEQA documents (to the extent required), permits, construction
inspection and related documents expeditiously; provided, however, the CITY will not charge
additional fees relating to such expeditious processing. Without limiting the foregoing, the
parties agree to use their respective good faith efforts to substantially conform to the processing
and approval schedule attached as Exhibit "H".
3.1.6. Concurrently with the approval of this Agreement, CITY and PHS
entered into an Operating Covenant Agreement (the "Deferral Agreement"). CITY hereby
recognizes that OWNER is the same party as identified as "Developer" in the Deferral
Agreement and that OWNER is deemed by CITY to be a third party beneficiary of the Deferral
Agreement to the extent the Deferral pertains to the Developer. Article 1.15 of the Deferral
Agreement defines "Fee Waiver" as "a credit or reimbursement, as applicable, from the City to
PHS or the Developer, as applicable, in the amount of Two Million Dollars ($2,000,000) towards
any City fees or costs payable or reimbursable by the Developer or PHS, as applicable, including
any development impact, plan check, application, environmental review, permit or similar fees
and costs, regarding development of the Temecula Facility. The projected fees and amounts that
will be waived by the City are set forth in Exhibit 'A' attached to this [Deferral] Agreement."
Without limiting the generality of the foregoing, the parties expressly incorporate herein the
provisions of Article 4.1 of the Deferral Agreement which provide "Following the Effective
Date, on each date on which any City fees or reimbursable costs are payable by the Developer or
PHS regarding development of the Temecula Facility, in consideration for PHS' performance of
its obligations pursuant to this Agreement, the City shall credit such amount to the Developer or
PHS, as applicable, until the full amount of the Fee Waiver has been credited. If the Developer
or PHS pays any City fees or reimburses any City costs regarding development of the Temecula
Facility prior to the Effective Date, the City shall reimburse the amount of any such payment in
full to the Developer or PHS, as applicable, within fifteen (15) days following the Effective Date,
and any amount so reimbursed shall be counted towards the total amount ofthe Fee Waiver."
3.2. Reserved Authoritv.
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
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
946783.6 Final 9/18/07
13
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. Reeulation for Health and Safetv. Notwithstanding anything to the
contrary in this Agreement, the CITY shall have the right to apply the CITY regulations
(including amendments to the Applicable 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 if CITY determines that the failure of CITY to
make such application or to deny, or impose conditions of approval on any future Development
Approvals would place the residents or occupants of the Property or the residents of the CITY ,
or both, in a condition dangerous to their safety, health, or both.
3.3. Vested Riehts. By entering into this Agreement and relying thereon,
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 thereon, 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 Recital C above.
3.4. No Conflictine Enactments. Except as otherwise provided by this
Agreement, neither the CITY Council nor any other agency ofthe CITY shall enact a rule,
regulation, ordinance, or other measure (collectively "law") applicable to the Property that is
inconsistent or conflicts with the terms ofthis Agreement. By way of example, any law, whether
by specific reference to this Agreement or otherwise, shall be considered to conflict if it limits or
reduces the density or intensity of Development as regulated by the Applicable Regulations and
Project Approvals or otherwise requires any reduction or increase in the number, size, or square
footage oflot(s), structures, buildings, or other improvements, except as provided in Section 3.2.
3.4.1. Moratorium. 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
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 reasonably cooperate
with OWNER 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 reasonably 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. The filing of any third party lawsuit(s)
against CITY or OWNER relating to this Agreement, the Project Approvals or to other
946783.6 Final 9/18/07
14
development issues affecting the Property shall not delay or stop the Development, processing,
or construction of the Project, unless the third party obtains a court order preventing the activity.
3.4.2. 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. In the event of any inconsistency between
any Applicable Regulation, Project Approval, and this Agreement, the provisions of this
Agreement shall control.
3.5. Reimbursement. Nothing in this Agreement shall preclude CITY and
OWNER from entering into any reimbursement agreements for the portion (if any) of the cost of
any dedications, public facilities, infrastructure, or any of these that CITY may require as
conditions of the Project Approvals, to the extent that they are in excess of those reasonably
necessary to mitigate the impacts of the Project.
3.6. Acquisition of Right of Way for Off-Site Imorovements. To the extent the
OWNER does not have sufficient title or interest in the real property required for the
construction or installation of an Off-Site Improvement, the OWNER shall make a good faith
effort to acquire the required property in a timeframe calculated to allow for the orderly
Development of the Project. If, following this effort, the OWNER is unable to acquire the
required property; the OWNER may request that the CITY acquire the property pursuant to the
provisions of Government Code Section 66462.5. The CITY shall consider in good faith the
acquisition of the required property pursuant to an agreement in accordance with the provisions
of Government Code Section 66462.5. Both parties acknowledge and agree that the acquisition
of real property in accordance with the California Eminent Domain Law requires more time than
the suggested timeframes of Government Code Section 66462.5 allow and therefore, the parties
waive these time constraints and the Agreement shall so provide. The parties further
acknowledge and agree that the CITY cannot exercise its power of eminent domain unless and
until a Resolution of Necessity has been duly adopted by the CITY Council pursuant to law.
This Agreement is neither a commitment nor an announcement of an intent by the CITY to
acquire any or all of the property required for the Off-Site Improvements.
3.7. Easements. In the event a Project Approval requires an easement to be
dedicated for pedestrian use, such an easement shall be permitted to include easements for
underground drainage, water, sewer, gas, electricity, telephone, cable, and other utilities and
facilities so long as they do not unreasonably interfere with pedestrian use.
4. Obligations of the Parties.
4.1. Western By-Pass. The parties agree that the public benefits of this
Agreement to the CITY which enhance the public health, safety and welfare are dependent on a
successful conveyance of the PHS Property to PHS for the development and operation of a
facility for PHS's business. The parties further agree that it is the particular uses of the PHS
Property as a facility for PHS's business that justifies the modifications to current standards and
funding options for the Western Bypass as provided in this Agreement for the Property and for
the PHS Property. Therefore, the parties agree that the provisions of Section 4.1 of this
946783.6 Final 9/18/07
15
Agreement shall be effective only upon and conditioned upon the closing of the sale or lease of
the PHS Property to PHS or a PHS-Related Transferee for the development of PHS's Temecula
Facility as described in the Deferral Agreement.
4.1.1. Status of Western Bv-Pass. The CITY is planning for the design,
financing, and construction of the Western By-Pass. At this time the CITY contemplates, but has
not approved, a financing mechanism, such as but not limited to an assessment district or a
community facilities district, by which the Western By-Pass will be funded with TUMF and
grant funds and in which the properties benefited by the Western By-Pass would pay their fair
share of the costs not covered by TUMF or grant funds with credits for appropriate TUMF
contributions. Any provision of this Agreement to the contrary notwithstanding, no provision of
this Agreement obligates OWNER, with respect to the Property, or PHS with respect to the PHS
Property to vote in favor of or join in the formation of a community facilities district or similar
entity for financing all or any part of the Western By-Pass.
4.1.2. ~onsent to Western Bv-Pass Financing Mechanism. Neither
OWNER, with respect to the Property, nor PHS, with respect to the PHS Property, shall be
required by this Agreement to consent to the establishment of a future financing mechanism,
such as, without limitation, an assessment district or community facilities district, for the
purposes of spreading the costs of financing construction of the Western By-Pass among those
property owners who will benefit from its construction. Nothing in this Agreement, however,
precludes the CITY or a related entity from initiating proceedings to form such a future financing
mechanism in accordance with applicable law.
4.1.3. participation in Western Bv-Pass Financing Mechanism. Neither
OWNER, with respect to the Property, nor PHS, with respect to the PHS Property, shall be
required by this Agreement to participate in the future financing mechanism for the Western By-
Pass except as may be required by law (and not by virtue of this Agreement). OWNER, with
respect to the Property, and PHS, with respect to the PHS Property, may, however, elect to
participate in the future financing mechanism for the Western By-Pass. Nothing in this
Agreement, however, precludes the CITY or a related entity from initiating proceedings to form
such a future financing mechanism in accordance with applicable law.
4.1.4. Construction of Western Bv-Pass as a Condition to Development.
Except as provided in Section 4.1.5, CITY shall not require that actual construction of the
Western By-Pass, or a portion thereof, be a condition precedent, a condition concurrent or a
condition subsequent to Future Development Approvals for the Property or the PHS Property. If
the City or other governmental agency designs and construct the Western By-Pass, the City or
such other agency shall be responsible for all costs associated with the Western By-Pass
including without limitation, roads, utilities, slopes, grading, retaining walls, and landscaping.
The CITY shall be responsible for all slopes, grading and retaining walls required to construct
the Western By-Pass as shown on Exhibit E. The OWNER shall be responsible for all grading,
slopes, and retaining walls required to construct Parcel 2, as shown on Exhibit E. The Owner
shall have the right to grade and develop Parcel 2 prior to construction of the Western By-Pass as
approved in Tentative Map No. 35181, as shown on Exhibit M, provided that the development of
Parcel 2 does not inhibit construction or potentially place additional costs upon the CITY or
other governmental entity for the future development of the Western Bypass.
946783.6 Final 9/18/07
16
4.1.5. Western Bv-Pass Connector Roads: On and Off Ramps. Provided
the Western By-Pass is actually constructed, OWNER shall, at its own expense, design, secure
rights of way, obtain all applicable governmental approvals and construct any approved
connector roads or on or off ramps and related improvements from the Property to the Western
By-Pass. CITY will use its good faith in evaluating and considering approval of a reasonable
request by OWNER of any connector roads or on or off ramps from the Property to the Western
By-Pass. Connector road construction costs shall include, without limitation, rights-of-way,
roads, utilities, slopes, grading, and retaining walls associated with such connector roads or on or
off ramps.
4.1.6. TUMF Credits and Reimbursements. In the event that OWNER
desires to construct a portion of the Western By-Pass for access to the Property, any connector
roads or on or off ramps, OWNER may apply for TUMF reimbursements or credits in
accordance with the credit and reimbursement provisions of Chapter 15.08 of the Temecula
Municipal Code pertaining to TUMF for any such portions ofthe Western By-Pass. In agreeing
to this provision, OWNER acknowledges and agrees that CITY can provide no assurances that
such constructs are now or will be in the future eligible for TUMF credits or reimbursements.
4.1.7. Remimrton Road Extension. OWNER shall be responsible for all
costs associated with the construction of the Remington Road extension, the connection to the
Western By-Pass and the installation of access points from the Property to Remington Road; in
substantial conformity with the plans depicted in Exhibit I (Phase II Streets).
4.1.8. Access Points/Commercial Deliveries. For clarity of
understanding, the parties acknowledges that access points i) along Remington Road; ii)
pertaining to the future access ofthe extension of Remington Road to the Western By-Pass; iii)
pertaining to Dendy Drive as it adjoins the Property; iv) and along the Western-By-Pass are as
set forth on Tentative Map No. 35181 (the "Map"). The foregoing notwithstanding, potential
additional access points are shown on Exhibit J. The number and precise locations of such
potentially additional access points are to be analyzed and agreed upon in good faith by the
CITY and OWNER in conjunction with the processing of applicable development plans in the
future bearing in mind the reasonable commercial considerations of OWNER and the reasonable
safety and design considerations of CITY. CITY and OWNER may reasonably modify the
location of the access points through an Operating Memorandum pursuant to Section 2.6.4
approved by the OWNER and the City Manager of CITY.
4.1.10. Offer of Dedication ofCherrv Street. OWNER shall, in
consideration of all benefits received under this Agreement, grant or dedicate to the CITY or
other such governmental agency as may construct Cherry Street, such right of way, roadway,
utilities, slopes, walls, piers, or other construction that would facilitate construction of Cherry
Street ("Cherry Street ROW"). The foregoing notwithstanding, the area where such easements
or other authorizations as may be required is limited to that area within the Right-of-Way as
approved on Tentative Map 35181. The City, or any other governmental agency, as the case
may be, shall be responsible for any and all retaining walls and slopes required to keep the
impacts of Cherry Street within the Right-of-Way and shall not impede the development of the
any parcel within Tentative Map No. 35181. If the CITY is able to obtain approval from all
applicable governmental agencies associated with the construction of portions of the Western
946783.6 Final 9/18/07
17
By-Pass northerly of the City's boundary and accepts the alignment of the Western By-Pass as
depicted on Exhibit N or ever abandons its intention to design and construct part or all of Cherry
Street such that part or all of the Cherry Street ROW is no longer reasonably needed by the CITY
for the construction of Cherry Street, CITY agrees to execute and forthwith record such
documents as are reasonably needed to release that portion of the Cherry Street ROW that is no
longer needed from any lien, easement, or obligation created by this Section 4.1.10. In addition,
OWNER shall have the option to relocate the detention basin, in accordance appropriate CITY
permit processes and extend improvements within the previously dedicated area in a manner
which the parties shall negotiate in good faith. Furthermore, in such event, CITY shall use good
faith efforts to secure access points to the Western By-Pass in the same approximate latitudinal
position to the access points to the Western By-Pass for Cherry Street approved on Tentative
Map 35181. The requirements of the last sentence are demonstrated on Exhibit N. Ifthe CITY
or other governmental agency designs and constructs Cherry Street, the CITY or such other
agency shall be responsible for all costs associated with Cherry Street, including without
limitation roads, utilities, slopes, grading, retaining walls, and landscaping with the exception
that the OWNER bears all associated costs related to connection with Cherry Street.
4.1.11. Water Oualitv Plan. CITY agrees that a Water Quality Plan for the
development ofthe PHS Property will satisfy the current water quality requirements of CITY for
the Project as presently designed ifit is in substantial conformity as that depicted in the Project
Specific Water Quality Management Plan prepared by SB&O dated June 10, 2007 for the PHS
Property on file in the Office of the City Clerk.
4.1.12 Offer of Dedication of Western Bv-Pass Easements. OWNER
shall, in consideration of all benefits received under this Agreement, grant or dedicate to the
CITY, or such other governmental agency as may construct the Western By-Pass, such
easements or other authorizations as may be necessary for the Western Bypass to utilize a
portion ofthe Property for right of way, roadway, utilities, slopes, walls, piers, or other
construction that would facilitate construction of the Western By-Pass ("Western By-Pass
ROW") Within the Right-of-Way and easements as approved on Tentative Map No. 35181. If
the City ever abandons its intention to design and construct part of all of the Western By-Pass
such that part or all of the Western By-Pass ROW is no longer reasonably needed for the
construction ofthe Western By-Pass, CITY agrees to execute and record such documents as are
reasonably needed to release that portion of the Western By-Pass ROW no longer needed from
any lien, easement, or obligation created by this Section 4.1.13. Furthermore, in the event of
such partial or full abandonment or in the event that the final alignment of the Western By-Pass
is such that part or all of the Eastern most toe of the Western By-Pass is West ofthe alignment
approved in Tentative Map No. 35181 , then the CITY shall cooperate in good faith in
processing the OWNERS application for a lot line adjustment such that the Western Parcel Line
shall extend to the toe of the slope of the Eastern most edge of the Western By-Pass. As stated in
Section 4.1.1, the Western By-Pass alignment is in the design planning phase. Both parties have
in good faith developed an alignment to accommodate the development of the PHS Property to
the best oftheir respective abilities with the information available to at the time of approval of
this Agreement. In the event that circumstances arise that cause an alteration in the assumed
horizontal and vertical alignment and associated appurtenances for the Western By-Pass, the
OWNER and the CITY shall cooperate in good faith with the each other in processing
adjustment(s) of the lot lines, easements and access points described in this Agreement or the
946783.6 Final 9/18/07
18
Project Approvals, except to the extent that said adjustments would have a material adverse
economic impact on the Project. That certain document entitled "Western Bypass Alignment-
North Segment-55 mph Design Speed" dated April 24, 2007, prepared by URS for the City of
Temecula shall be the reference point for determining the extent of any such change of alignment
and economic impact.
4.1.13. Western Bv-PassIProiect Aooroval Conditions. Subject to the
provisions of Section 4.1.5 above, none of OWNER's or PHS's Project Approvals or permits
shall contain conditions requiring the construction or completion of any portion of the Western
By-Pass, except those improvements associated with connection of the extension of Remington
Road as described in Section 4.1.7 above.
4.2. OWNER's Oblie:ations to Construct Public Imorovements. OWNER
shall, at its sole cost and expense, design, construct, install, and finally complete Off-Site
Improvements. The design, construction, installation, and final completion of the Off-Site
Improvements shall be in conformance with the CITY standards in effect as of the date of this
Agreement and Improvement Plans approved by the CITY Engineer. Except as otherwise
provided in this Agreement, the Off-Site Improvements shall be completed at such time as set
forth in the conditions of approval for Development on the Property. CITY and OWNER shall
enter into the CITY's standard subdivision improvement agreement, or an applicable
modification thereof, for the completion of the Public Improvements.
4.3. Maintenance of Imorovements. Responsibility for the ongoing
maintenance of improvements provided by OWNER pursuant to this Agreement shall be
apportioned between the parties in accordance with the terms of this Section.
4.3.1. CITY Maintenance of Dedicated Public Imorovements. CITY
shall maintain all dedicated and accepted Public Improvements, including but not limited to,
public streets and related walls, streetlights, and public storm drainage facilities.
4.3.2. OWNER Maintenance of Landscaoine: and Storm Drain Facilities.
OWNER shall maintain all landscaping on the Property and on adjacent City rights-of-way and
all storm drainage facilities on the Property.
4.4. Easements. CITY shall grant such easements over CITY property as are
reasonably needed for the Development of the Property provided such easements do not impede
or interfere with public services provided on such properties. OWNER agrees to grant to the
CITY such easements over its property as are reasonably needed for the construction and
maintenance of public improvements, except to the extent such easements would have a material
adverse economic effect on the Project. Such grants shall be at no additional cost to the
OWNER or CITY.
4.5. Financine: Mechanisms.
4.5.1. Industrial Develooment Bonds. If requested by OWNER, CITY
shall cooperate in the issuance of Industrial Development Bonds, as allowed by State or Federal
law.
946783.6 Final 9/18/07
19
4.5.2. Cost of Creatine: Financine: Mechanism. If the formation or
establishment of any public financing mechanism is requested by OWNER, OWNER shall bear
the full cost of creating any and all such financing mechanisms.
4.6. Public Financine: of Imorovements. OWNER may, from time to time,
request CITY to establish one or more assessment and/or community facilities districts to finance
infrastructure, public facilities and/or fees that may be required in connection with the
Development of the Project and CITY agrees to use its best efforts to implement such requests
subject to applicable State and Federal law and to the Applicable Regulations.
5. Further Assurances to OWNER Ree:ardine: Exercise of Reserved Authoritv.
5.1. 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 Section 3.2 ("Reserved Authority") of 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.
5.2. 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 ofthis Agreement and as not being a land use regulation adopted
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, the Project
Approvals, or both 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.
6. Indemnification.
6.1. OWNER agrees to indemnify and hold harmless the CITY, its 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 Agreement. Notwithstanding the provisions of Section 2.5.1 of this Agreement, OWNER's
obligation pursuant to this Section is not a benefit or burden running with the land and shall not
be assigned to any person without the express written consent of the CITY. 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
946783.6 Final 9/18/07
20
Section shall be interpreted in accordance with the provisions of California Civil Code Section
2778 in effect as of the Effective Date.
6.2. Notwithstanding Section 6.1, and as a separate and distinct obligation of
OWNER, OWNER agrees to indemnify and hold harmless the Indemnified Parties from and
against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability
of any nature arising from alleged damages caused to third parties and alleging that the
Indemnified Parties is or are liable therefor as a direct or indirect result of the CITY's approval
of this 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 California
Civil Code Section 2778 in effect as of the Effective Date.
7. 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 ofthe
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.
8. Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by mutual consent of the parties 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 10.3.
9. Periodic Review of Comoliance with Agreement.
9.1. 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.
9.2. Good Faith Comoliance. 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.
946783.6 Final 9/18/07
21
9.3. 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's failure to conduct this annual review.
9.4. Initiation of Review bv 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.
9.5. 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) business days after
OWNER receives written notice that the staff decision is final. The CITY Council shall render
its decision to affirm, reverse, or modify the staff decision within thirty (30) days after the appeal
was filed. The decision of the City Council as to the administration of this Agreement shall be
final and is not appealable. The foregoing notwithstanding, breaches of this Agreement are
subject to judicial relief as provided in this Agreement.
9.6. Availabilitv 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.
10. Events of Default: Remedies and Termination. Unless amended, modified, or
suspended pursuant to Government Code Section 65869.5, this Agreement is enforceable by
either party hereto.
10.1. Defaults bv 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. The foregoing 30-day period
shall be tolled during the pendency of any appeal undertaken pursuant to Section 9.5, if
applicable. 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
946783.6 Final 9/18/07
22
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 13 ("Attorneys
Fees") CITY's remedies for OWNER's breach shall be limited to those specified in Section 10.3.
10.2. 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 10.3.
10.3. Lee:al Remedies.
10.3.1. No Monetarv Damages. Due to the size, nature, and scope of the
Project, it will not be practical or possible to restore the Property to its natural condition once
implementation of this Agreement has begun. After such implementation, OWNER may be
foreclosed from other choices it may have had to utilize the Property and provide for other
benefits. OWNER has invested significant time and resources and performed extensive planning
and processing of the 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 ofthis 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 ifit 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.
10.3.2. Soecific Performance Remedy. 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 that 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.
946783.6 Final 9/18/07
23
10.4. Institution of Lee:al 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 referee 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/her. 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.
10.5. Estoooel Certificates.
10.5.1. Written Reauest. Either party may at any time deliver written
notice to the other party requesting an estoppel certificate (the "Estoppel Certificate") stating: (1)
this Agreement is in full force and effect and is a binding obligation of the parties; (2) this
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 this Agreement exists or, if a default does exist, the nature and amount of any
default.
10.5.2. Thirty (30) Days to Resoond. 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.
10.5.3. Authorized Sie:natories. 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.
10.5.4. Reliance. An Estoppel Certificate may be relied on by assignees
and mortgagees.
10.5.5. Reimbursement. 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.
10.5.6. Failure to Provide Estopoel Certificate. Failure by a party to
provide an Estoppel Certificate within thirty (30) days after receipt of the request therefor shall
be deemed confirmation that this Agreement is in full force and effect, has not been amended or
modified either orally or in writing and that no defaults in the performance of the requesting
party's obligations under this Agreement exist.
946783.6 Final 9/18/07
24
11. Waivers and Delavs.
11.1. 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.
11.2. Third Parties. Non-performance shall not be excused because of a failure
of a third person, except as provided in Section 11.3
11.3. 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, terrorism, or similar hostilities, strikes
and other labor difficulties beyond OWNER's control, government regulations (including,
without limitation, state and federal environmental and natural resource regulations applied to
the Property), or judicial decisions directly applicable to the Property.
11.4. 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 and this Section 11.4 exists and/or prevents
performance of such obligations. In addition, the Term shall be extended for delays arising from
the following events for a time equal to the duration of each delay occurring during the Term.
11.4.1. Litie:ation. The period of time after the Effective Date during
which litigation related to this 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.
11.4.2. Government Ae:encies. 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.
12. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person or sent by certified mail, postage prepaid, return receipt
requested, or by overnight delivery. 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
946783.6 Final 9/18/07
25
Los Angeles, CA 90071-1469
Attention: Peter M. Thorson, City Attorney
Notices required to be given to OWNER shall be addressed as follows:
The Garrett Group, LLC
One BetterWorld Circle, Suite 300
Temecula, CA 92590
Attention: John Potts, Vice President Real Estate
With a copy to:
Martin A. Weiss, J.D., LLM,
General Counsel
One BetterWorld Circle, Suite 300
Temecula, CA 92590
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.
All notices under this Agreement shall be deemed given, received, made or communicated on the
earlier of the date personal delivery is effected or on the delivery date or attempted delivery date
shown on the return receipt, or air bill.
13. Attornevs' Fees. Iflegal 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. Attorneys' fees under this Section shall include attorneys' fees on any
appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable
costs and expenses, including, without limitation, expert witness fees, incurred in connection
with such action. In addition to the foregoing award of attorneys' fees to the prevailing party,
the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post-
judgment proceedings to collect or enforce the judgment. This provision is separate and several
and shall survive the merger of this Agreement into any judgment on this Agreement.
14. Recordine:. This Agreement and any amendment or cancellation hereof shall be
recorded, at no cost to the CITY, in the Official Records of Riverside County by the CITY Clerk
within the period required by Section 65868.5 of the Government Code.
15. Effect of Agreement on Title.
15.1. 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.
15.2. Encumbrances and Lenders' Rie:hts. OWNER and the CITY hereby agree
that this Agreement shall not prevent or limit any OWNER of any interest in the Property, or any
946783.6 Final 9/18/07
26
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 this Agreement or the Project and the CITY agrees, upon request, from time to
time, to meet with the 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, invalidate, diminish, or impair the
lien of any Lender.
15.3. Notice of Defaults. 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 of obtaining such possession to cure or, if such default cannot reasonably be
cured within such period, then to commence to cure such default. Further, a Lender shall not be
required to cure any non-curable default of OWNER, and any such default shall be deemed cured
if any Lender obtains possession.
16. Severabilitv of Terms. If any term, provision, covenant, or condition of this
Agreement shall be determined invalid, void, or unenforceable, the remainder of this Agreement
shall not be affected thereby if the tribunal finds that the invalidity was not a material part of
consideration for either party. The covenants contained herein are mutual covenants. The
covenants contained herein constitute conditions to the concurrent or subsequent performance by
the party benefited thereby of the covenants to be performed hereunder by such benefited party.
17. Subseauent Amendment to Authorizine: Statute. This Agreement has been
entered into in reliance upon the provisions of the Development Agreement Legislation in effect
as of the Effective Date. Accordingly, subject to Section 3.2.2 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
946783.6 Final 9/18/07
27
provisions set forth in this Agreement and Government Code Section 65868 as in effect on the
Effective Date.
18. LocaL State and Federal Laws. OWNER and its contractors shall carry out
the design and construction of all private improvements on the Property and all Public
Improvements in conformity with all applicable laws, including, without limitation, all
applicable federal, state and local occupation, employment, prevailing wage, safety and health
laws, rules, regulations and standards. OWNER agrees to indemnify, defend and hold the
Indemnified Parties (as defined in Section 6.1) harmless from and against any cost, expense,
claim, charge or liability relating to or arising directly or indirectly from any breach by or failure
of OWNER or its contractor(s) or agents to comply with such laws, rules or regulations.
OWNER's indemnity obligations set forth in this Section shall survive the termination or
expiration of this Agreement..
19. Rules of Construction and Miscellaneous Terms.
19.1. Intemretation and Governine: 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 Headine:s. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or intclpletation 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. In addition, a default by any Transferee shall only
affect that portion of the Property owned by such Transferee and shall not cancel or diminish in
any way OWNER's rights hereunder with respect to any portion of the Property not owned by
such Transferee. The Transferee shall be responsible for the reporting and annual review
requirements relating to the portion of the Property owned by such Transferee, and any
amendment to this Agreement between CITY and a Transferee shall only affect the portion of
the Property owned by such Transferee. Any amendments to this Agreement between CITY and
OWNER shall not affect any portion of the PHS Property unless agreed to in writing by the
Transferee of the PHS Property.
946783.6 Final 9/18/07
28
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.
19.7. Entire Agreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and this 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 CITY that this Agreement has been duly
approved by the OWNER and that all applicable notices and procedures were complied with and
that he/she is duly authorized by the OWNER to execute this Agreement on behalf of the
OWNER and has been duly authorized to do so.
19.9. Not for Benefit of Third Parties. This Agreement and all provisions
hereof are for the exclusive benefit of the CITY and OWNER and its Transferees and shall not
be construed to benefit or be enforceable by any third party.
19.10. Countemarts. This Agreement maybe executed in any number of
counterparts, and each of such counterparts for all purposes shall be deemed to be an original,
and all of such counterparts shall constitute one and the same agreement.
19.11. Exhibits. The following Exhibits are attached to this Agreement and
incorporated herein as though set forth in full:
. Exhibit A: Description of Property;
. Exhibit B: Off-Site Improvements;
. Exhibit C: PHS Property;
. Exhibit D: [Intentionally Deleted];
. Exhibit E: Western By-Pass;
. Exhibit F: Authorized Land Uses;
. Exhibit G: Resolution setting forth applicable Development impact Fee rates;
. Exhibit H: Projected Processing Schedule;
. Exhibit I: Plan for the Remington Road Extension, Including Future Access
Points;
. Exhibit J: Curb Cuts;
946783.6 Final 9/18/07
29
. Exhibit K: MSHCP; and
. Exhibit L: [Intentionally Deleted]
. Exhibit M Depiction of Parcel 2 Grading
. Exhibit N Depiction of Alternative Access Points and Alignments Cherry
Street Right-of Way (Section 4.1.10)
946783.6 Final 9/18/07
30
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first written above..
CITY OF TEMECULA,
a municipal corporation
By:
Chuck Washington
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
31
TEMECULA PROPERTIES, LLC
A California limited liability company
By: Redhawk Communities, Inc.
A California corporation
Its: Managing Member
By:
Paul Garrett, President
32
PROFESSIONAL HOSPITAL SUPPLY, INC, a
California corporation.
By:
John Augustine
Chief Financial Officer
33
State of California
)
)
)
ss
County of Riverside
On before me, , (here insert name of the
officer), 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 hislher/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
State of California
)
)
)
ss
County of Riverside
On before me, , (here insert name of the
officer), 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 hislherltheir 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
34
EXHIBIT A
(Description of Property)
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A, LOT LINE ADJUSTMENT NO. P A-06--0179
PAR\,;~ A. Lot Line Adiustment No. PA 06- 0279
Parcel A of City of Temecula Lot Line Adjustment No. PA~06-0279J approved by
the City of TemecuJa on November 16J 2006 and recorded December 7~ 2006 as
Instrument No. 2006--0898508~ Official Records of Riverside, County, State of
CaIiforni~ being more particularly described as follows:
Being a pordon of Parcel "A" of Lot Line Adjustment No. J 1, In the City of
Temecula. County of Riverside, State of California, recorded January 13, 1993, as
Instrument no. 13666 o/Official Records of said CounJy, al~o a portion of Parcel liB" of
Lot Line Adjustment No. PAOO-0051, in the City ofTemecula, County of Riverside, State
of California, recorded May 19,2000, as Instrument No. 2000-190898, of Official
Records of said County, more particularly described as follows:
COMMENCING at the westerly corner of said Parcel "A";
Thence North 48009'38"East along the northwesterly line of said Parcel "A", a
distance of688.10feet, being the TRUE POINT OF BEGINNING;
Thence leaving said northwesterly line, South 29008 '20" East, a distance of
641.21 feet, to the beginning of a tangent curve concave southwesterly, having a radius
of 1050.00 feet, a radial line bears North 60CSJ '40"East;
Thence southeasterly along said curve through a central angle of J 1049 '37", an
arc distance of 216.74 feet;
Thence South 17018'43" East, aelistance of 109. 23feet, to the beginning 010
tangent curve concave northeasterly, having a radius of 1450.00 feet, a radial line bears
South 72041'J7"Wesf;
Thence southeasterly along said curve through a central angle 34002 '06, an arc
distance of861.33 feet;
Thence South 51 0]0'49" East, a distance of88.82feet, to the southeasterly line of
said Parcel "B";
Thence along said southeasterly line North 38049'43" East, a distance of 1156.40
feet, to the centerline of Winchester Road (100.00 feet wide);
Thence along said centerline North /90.53 '29"West, a distance of232.02feet;
Thence leaving said centerline South 70006 '31" West, a distance of 50.00 feet, to
the beginning of a non-tangent curve concave southwesterly, having a radius of 800.00
fiet, a radial line bears North 70006'31 "East, also being a point in the southwesterly
right-ol-way line of said Winchester Road
D:\6S472\sulVcy\LLA\Pan:e1 A LLA PA06-0279.doc
Legal Description
Parcel A, Lot Line Adjustment No. P A-06~0279
Page 2of2
Thence northwesterly along said curve and said right-of-way line through a
central angle of26 OJ7 '06 ", an arc distance of 369.33 feet;
Thence along said right~of-way line North 460]0 '35" West, a distance of 184.96
feet, to an angle point In said rlght~of-way line;
Thence along said right-of-way line South 880]9 '25" West, a distance of 32.53
feet;
Thence along said right-ol-way line North 46 '10'35" West, a distance of 50.00
feet. to the souJhwesterly prolongation of the centerline of Dendy Parkway (100.00 feet
wide);.
Thence along said prolongation and said centerlineNorth 43 "38'42" East, a
distance of 428.76 feet, to the beginning of a tangent curve concave southeasterly, having
a radius of850.00feet, a radial line bears North 46021 '18" West;
Thence northeasterly along said curve and said centerline through a central
angle of27 042 , 40", an arc distance of 411.1 0 feet;
Thence along said centerline North 71 '21 '22" East, a distance of356.61 feet, to
the beginning of a tangent curve concave northwesterly, having a radius 0[850.00 feet, a
.,
radio/line bears South 18DJ7'55" East;
Thence northeasterly along said curve, through a central angle of 02 '29'54", an
arc distance of 22.23 feet, to the southerly corner of that certain parcel of land as
described in Grant Deed to the City ofTemecula, recorded April 23, 1992 as Instrument
No. 146241. Official Records of Riverside County;
Thence along the southwesterly line of said parcel of land conveyed to the City of
Temecula North 41 "50'22" West, a distance of 1001.63 feet, to the westerly corner
thereof; being a point in the northwesterly line of said Parcel irA ";
Thence along said northwesterly line SQuth 48 "09 '38" West, a distance of
2019.60 feet, to the TRUE POINT OF BEGINNING.
The above described parcel ofland contains 66.23 acres, more or less.
This was prepared by me
or under my direction.
S.B. & 0., Inc.
~,,- --'l?G, ~'~ ~ 7, 'ZOO?
Marissa Crowther, PLS 6152 Date
~Mio~
'f( MARISSA ~ \.
~ CROWlliER ~
0.. Exp ~..,\..o~ :D
*' *
\ _n No. 615~_
\V~ ~.
'~(~OFC~\..\~()~
D:\654n\survey\LLA\Parcel A LLA PA06-0279.doc
EXHIBIT B
(Off-Site Improvements)
-.,--------,
....
l:s
"i
lii
~ - ..
~ I I
~ !I= L
~ S.- .
~ I
~' I
I I
~ 133HS 33S
3N/7 H:Jl V'W
/
,
,
/
,
,
/
,
,
/
,
,
~
~.
~
~
~
~
~~
;t
1~;lh I ~
m~m~~ ~ ~
~ !!l
~~IIl~~ ~ U
'1 ~'I
~~ ~
liIJ~~~~
-~
z
....
~
Ii)
~
I!! I II
~ .-
I t
. .
I ~i I
r~':~~
II
II
II
II
II
II
II
1/
1/
II
II
"
II
II
II
II
II
"
II
"
II
II
II
II
"
o ::
.J II
"
"
"
II
"
"
II
"
II
"
"
II
II
1\
/.~
=====~"
,
,
/
I
,
I
I
I
I
,
,
I
. Ii I
I ~ I ii
!
:J
Dt
. ,lui
. Jlt,.
,t;!Bi
...
~
.~
J~
~~
tl:~
~l;:i
;;:;~
~ ~
i~
.
I
k J i
l.........
~,~
~~
<::l
!Ill}:
it~
,
~--::...._..
~ . ~ . ~ . - . .
, "
'"
11
I ~
I ~
. /I
. R
I i
'. "
/': u
. H
. Q
. N
,. :
" I:
'/I
'1/
'"
, '11
/'!!
'.
'1/
'/1
,'n
, , .
/, I"
, 1/
, 1/
"
" :
~'/:
'II
'II
'"
I 'H
,/:
//8
/'
I
I .
/
I
I
,,---------==-='4--
~-------- - ,-
I
~
I
I
, I
,
I
I
,
I
I ,
,
,
,
I
J
I
I
I
,
I
,
I
Ii
II
II
II
II
II
\I
I'
"
"
"
I'
"
,
I
...
~
"'I
~ , ..
ij I I
~!It l
~~.I i
~... I
~ e If
t t
I
I
Z 133HS 33S
3N/7 H:Jl ~IY
~
I::
~
~~ i
:::i~ ...
~~~ ~
]~~~~). ~ ~ ~.
- !i'l~~i ~ ~ S.,. I
!!i ~~ ~ ~ I:-:
. ~~8~ ~ ~ ~ !i!
l(~Iij~ ~ ~ ~ :
II ~I lJj
~~~. ~
i;f5}l:l~~ ' ~
II
. .
11
'1 ~
I
~ ~ i
I .1 i~
~~
Z
!
:J
,: ..: ,.,
..'.'~d
:IU!
o
. .
.
la . I
;1
.
J
"'1
l~::::::
~
Q:::
\-.
~
~
~
~
~
J-~~
~ei
"$
\-. "'C)
':::)
u~
~-q:
~
\-.
~
~9:.
~~
~':::)
Q:.(.:)
~~
!::l-q:
. I..l:i Ql
~cs
~~
%:!::l
~
~
~
Q
~~I~
~\~l'\j J ~
."06 ~ ~
~ '\ - 4J
~ ..L-d- ~
- - ~ ofv ~ !::l
--CO~ /'<< O'O-?s- ~
c,V ~ /.~ ()
\')\ ~
C; 'it.
~':-
\.
,
\.
~ -.-~----
, "-
-"-- '~, ~
-'_ -.;,__ J-
-'- '" "-- ()
-,__ -~-____ ' ..J
,,- --
II) --- ~ ------
--~~- ---------
6 -~~ -------------
I --~M -
-' -~ ----
----------------------------------
.-
{
o
..J
~-
I~
lei)
~ ~
I ~
& &
~ ~
u u
. .....:aoS1:1O ..lll::>
3<3/QG!,R1 :10 ..ll.N'OO
~ '"
~~~
l(!~~
.....'~~
;;s~~
!i:i..q:">
~~@:s
~~C:S~
!::)lll. ~
ill~~~
~~lJl~
~'~~~
!;;l;13
~ c::s~
~ ;.r::
, ~ll:
l:l !Il~
~~lt'j!tl
lll~~~
;;:~~)..
A: ~lll
~~l;j~
~ :;;:~~
~~~~
"::S~l(
"
~.
~~
~!~
]~!il
. ~~~~
II ~I~~
~ ~ I
: II
~I ra
til\ I~
~~II.~ I
~ ~ I
~ ~ r
I
I ! i:
1 '1 J
.
I
If ~ i
\t I..~....~
~
r:::::::j'
i.......-
II
II
II
II
"
"
"
II
II
II
II
II
'I
II
"
II
II
II
II
"
"
II
"
"
'I
'I
"
"
"
"
"
... II
O~ "
I,
..:J I:
"
"
"
1\
"
=~~--- ~
---=~====~====~~
j
l
~
~~ ~
=:3~ ~
~~~ ~
]lil~~~ !::: !\::
~!i~ U P
. ~~~~ c;) ~ ~ lii
ll:lI'j\ij!4: U U ~ ill
I.~~~~i i ~
.~
~i
~'S!
c;)
lI\~
it ~
"'~J !
z
- :.:=:'~
"-.
-..-
.
I
I
"-
.~~..,.
.--
I,: ___J
~
"4
lit
i!i ...
IQ
M~~
~ t .1.
~ ~ I
~ ~ J
I
I
II
Ii .
I i
1 91 ;
Ii Ii I
I ~I ii
g~
I' '-I~II
, dll
. . . ;1'
_.. . ;lti
.
I
-
i
~~
;1
l::~
J....-
~ ~ - . -
. ~ -.
"7-',"-
~~
~'~~ - :--;;"-"-.---....-:--=
""'--~.~~.....".." -
' ---------------- ---------
"';.~-""'--- _ 'lI:U~
---'~"'~ - =:::::----- - -=--....--
. --'--~----------,-----~
..~~~.~
~--~ I
!
\~
~
~
",- ----
~
...
~
~ ~
~~ ~
, \iil~ ~
,~~~~ ~ II:
~~I~i ~.~~,
~~~~ ~ ~ ~ ~ I II
ll:liilii~ ~ ~ a Iii I ·
I' ~I t:ll - II
~~ ~ \Ij "
iil~~~ ~ ~ I \
I ~I
,-
, '~'II
.'&Ii
1'1"
,~, sa
~
. .
I
,
~.J)I
t r
~ ,I" \ III
'1
I~ I'
.,.
..... .--
"
~
lr)
\l \ -
~ ~ 1
~\~
.. 11\~~ \ \ \t ;..
~ ~,,~~\ ~ ~ \~\' ,
- ~~II\~~ ~ ~
\\J\~~'\\ ~ I 1
i .,
I
~~
tl~
~
...
illi'6
i~~i
tl~\a
l~I~~
i il ·
Q \l 8
~'f\\
l~l~~
" ..
~
',,-
,,'~ "
'" -~"'- ~
~ "
" '-
~ ',,-- "
, ~........
''-, - "........
'..................... "..........
"- ~ "
---
~
Q:::
~
~
~
>
{
~
~
!-..:
';Q
X
.~~~
~~
"S
~ "<:)
":::)
~~
~~
~
\-.
;:::
~~
~~
~~
~~
~~
~tXl
~cs
~(.)
'a:~
~
~
~
Q.
~~'.~
~\~ -.l
.~6~ ~
' , - (lJ
\0 J--d- ~
-, ~ ~ ~
- ~O~ ~::O'o>.s- \l\
s /.? ~
-0' ~
(j 'a:
':j:'
\.
"""'
"-
(;)
"-
\
~
n::
~
~
s:
It
(..)
"'(
~
If)
?t
~
l:l.
vt
-
-
(/v
~o
C)
-v~
Ci
'J'~
\.
~O'o~
/~~
EXHIBIT C
(PHS Property)
EXHIBIT C
LEGAL DESCRIPTION
LOT 4, TRACT MAP NO. 35181
Lot 4 of Tract Map No. 35181, in the City ofTemecula, reC()rded in Book of
Maps, Pages through . inclusive, Records of Riverside County, State
of California.
...
,,~\ ~L l.AJ~u .
~\J~ 0"
~ MARISSA \\ \.
~ CROWTHER ~ . .
,.."JJ..,. c,.~ ~ M~ 1. Zoo)O- Exp j).b,,,Dt6 :n
*' *
MarissaCrowther,PLS6152 Date 'cP~ No. 6152 ~I
. ".f)'~OFCA\.\~~~
This was prepared by me
Or under my direction.
S.B. & 0., Inc.
D:\6S472\survey\Parcel MlIp\Lot 4 Legal Description.doc
EXHIBIT D
(Intentionally Deleted)
EXHIBIT E
(Western By-Pass)
. ----
-..........
...,.... .. .....
~ ~.
It)
l!2~~ . M~:
;:i...
~~~
~~~
~~@~
~~~~
3l~~~ !U~I
~;81~
!k'~~ ~
~ ~
~;~~ ~ ; I
3 ~ ~ r
!l:
!Il1ij~15 ,
~~12l<:::
~~I!Q
~ ~::s
~~~~
~~
.... ~~l3j{;l
b ~ ~~~
..:J ~~~.g:
.......
II
s .
11
.
~~
~~
& &
f ~
u i3
10
b
J
-----~-- -
y o....:s>ol3J. ~..llt:l
301~R1 ~ ..um?:l
EXHIBIT F
(Authorized Land Uses)
Parcel 1
Industrial
Office
Retail
Multi-Famny Residential
Eduqation
EXHIBIT nF"
ALLOWABLE LAND USES
Parcel 2
Parcel 3
Parcel 4
Industrial
Office
Retail
Industrial
Industrial
Office
EXHIBIT G
(Resolution regarding Development Impact Fee rates)
l
.J
1
t
J
. .O!
RESOLlIrION NO. 03-63
A RESOLlInON OF THE CITY COUNCIL OF THE CITY OF
TEMECULA E8TABUSHlNG AND IMPOSING NEW
DEVELOP.MENT IMPACT FEES AND INCREASING CURRENT
DEVELOPMENT IMPACT FEES EFFECTIVE JULY 26, 2003
PURSUANT TO CHAPTER 15.08 OF THE TEMECULA
MUNICIPAL CODE AND RESOLunON NOS. 97...4 AND IAO.
WHEREAS. on May 27. 1997, the City Council adopted Ordinance No. 97-09
"eStablishing Chapter 15.08 of the Ternecula MunIcIpal Code, Public FacillUes Development
Impact Fee (IIDIP), 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
.establlshed 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 OIF as recommended in a
Development Impact Fee Study conducted by Oavld M. G_ and Associates (MOMG.). and
adopted non-resldentfal DIF at 36% of the amount recommended by DMG; and
WHEREAS. ResoluUon 98-30 provides for an automatic annual adjustment of both
residential and ~resldential DIF based on the percentage Increase or decrease, If any, of the
. Engineering News Record Building Cost Index ("Bel' for the Los Angeles MetropoUtan 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 appUed to residential DIF and an escalation of 10% per year appUed 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
:monetarlly quantify the Impacts of dev(:tJopment on certain capital facilities; and
WHEREAs, In August 2002. the City contracted with the firm of Maximus (formerty
.:.DMG) to prepare a report providing recalcutated development Impact fees based on updated
. .information on existing and future development and facU!tles.
NOW, THEREFORE, BE IT RESOLVED by the City Councll of the City of Temecula as
follows:
Section 1. The City Council of the City of Temecula does hereby flnd. determIne and
declare as fonows: . .
A. As detailed In Exhibits A, residential Development Impact Fees shall be adopted as
re........mended In the Impact Fee Study Report completed by Maxlmusdated March
10, 2003.
R:JResos 2OO3IR8I08 ()3;63
1
,'.
B.. As detailed In E>chlblt B. non-resldentlal Development Impact Fees shall be phased In
over 8 th.....year period. The non-residential fees would not be Increased (except
for the annual BCI adjustment) unUl July 1. 2004 and would phase In to 1000,{. of the
recommended fees beginning July 1, 2008.
C. According to. .Resolutlon 98-30, both resldenUaI and non-resldenUaI development
Impact fees wiD be 8ubJect to an automatic annual adjustment based on the
percentage Incresse or decrease. If any, of the Engineering News Record BuDding
Cost Index ("Bel") for the. '-os Angeles Metropolitan kea BCI for the twelve month
period prior to Miy 1 of the year. In which the change wiD be effective.. These
annual Bct adjustments would contfnue during the phase-ln of non-resldentfat"fees.
Section 2. These development Impact fees win be effective July 26. 2003.
PASSED, APPROVED and ADO,. II:D by the City Council of the City of Temecula at a
regular meeUng held on the 27" day of Mav, 2003.
J .
ATTEST:
)-~
~ (fray E. stone. Mayor
-1
I
R:JResos 2OO3IReso8 Q3.83
2
I hereby corll/y, ul'lder Ibe psnallV ai perjury Ihal
lha above and tor8!joinfl Is a lru& and correct copy
0' an original on deposit within Ihe records 01 the
City of Tlmeoula. In wllness wbel8ol, I haye
hereuntll ,el my hand and atlxed Ibe seal ollba
elly of Tamseura Iblsaday olJ1.tH.' .~o.!!:1..
Mlchaele A. Ballrelch. Depu\y City dlerll
by: \. to. .~ ~~. 1\40.0.... ~ L..
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) 88
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, CaUfomJa, do hereby certify that
ResoI,UUon No. 03-83 was duly and regularly adopted by the City Council of the City of
Temecula at a regular ~eUng thereof beld on the 27" day of May; 2003, by the following vote:
AYES:, 4 COUNCILMEMBERS: Comerchero. Nag9ar" Roberts, Stone
NOES: O. COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
')
ABSTAIN: 1
COUNCILMEMSERS: Pratt
/ /\~tJ ~
( ;' s. ~tn W. jonesjes. CLlC
"'-- ./ "- CIty CIerfc
I 1
I \
i
i ,
../
R:lResos 20031Res0s 03063
,3
" .
,
AnACHIIENr A
CITY OPTlliICULA
DEVELOPMIH1' IIPACT PElS
COMPARISON: CURRENT FEll VI. STUDY MAXIMUM AllOWABLE PIES
~
....~
~.
rllllo &IgrM IIIlt
TIIIlID CrlnhI
trMJII..
~, "j,.....
".. facll1ltt
, . ..
"hI' , " .1. ~
.....
'"aIIt1nd Rec:redon
,.....
:Jpen SI*e" TmI
De\ ,11',j .-~
. iIlIIrIIII
fYII. OPUIII....
.....,..... AItIcIIIN
RMIdInIIII DtlIltM
:<*01
RIIII COIwnIldII
8IMcI eo.McdII
BuIInNI PIIMncUlIIII
............ AltIcIItd
........~
0II0t
RIIIII COInnIIftIIII
....CanIMIdII
IluIIIIIII PIItlIInduIlIIII
RMIdInIIII AIIcIIN
....... DilIched
0lI0t
...... CllINlInlII
8IrVIc:e C , . II
....... PIIMnIUMII
RMIcIenIIII AIIIcIItC
~ DeIacIIecI
Olb
RIIII C4:ImIMfIl
SIMcIC.", ".\,1
8uIIMa PaIMnduIIrlIl
RI.~11lIIIr AIIIr:IlId
........,DtIInd
0IlIDe
AeIIIIC, " ,..Iaf
SeftIaIC., ".'11
........ PIlII/InIbfdII
ReIIdInlIII AIIIcfIed
RMIdeIIIII DtIIdIId
0IIcI
RetIIIC, ,,' ,,'" I
SlMceCarnnllldlJ
.....~
AetIdIdIII AIIIctIed
~r",. f
0IIIlI
RIIIII CcIrMIIRUI
awo. CclnInIIIdII
BIMIIII PIItt'IIIIUDIaI
......... AIlIliIIId
ReIIdenIIaI DlIIIchId
0II0t
...... CanneniIIt
.....CclnIneIdII
BullMat PIrtliInlIuRIII
CUNBII'
....
...
7IUI
0.f1
1.01
uo
em
IeUI
"....
0.11
OM
us
o.lt
$121M
241.1.
0.01
O.IS
om
OM
so.oo
0.00
0.00
0.00
0.00
0.00
...7.
It..
o.g
0.02
0.02
0..
$',3tUI
1.1S4.S4
0.00
0.00
0.00
0.00
M.oo
0.00
0.00
0.00
0.00
0.00
$1'"
22UI
0.00
O.OD
0.00
0.00
-. 11M..
M&.OWAaI
IJYtIUIW
.....
IMI..
I.tC
uc
loll
1M
$twe
tlUt
OM
0.74
u:
o.2i
..It% "
,.,IM
o.n
OM
O.lf
0.,:
-::-
u-
0.21:-
cuc-
0.<<
t2II.tf
.wo.n
...
o.le
0.111
o.oc
.......77
~
$472..li .
158M
~
earL"
"
IICIIIAII
7I.ft
7UJl
22UlC
74J'(
t4...~
114.4'-
noM{
IS.ft
.,.
..""
. IZ7.t'll
1:1
IU'l!
I_
t......
atmI
...
Nn
Nn
~
m.rw.
....
51
.....
2lI.MI
2I.Ml
Nell
N.v.
1~
t8U1C
CUIlIIIHr
....
..fK
ISIIM
7
.....
24t3&
0..,
OJ!
0.14
OM
to.<<
, o.oc
o.oc
o.oc
o.oc
o.oc
$4IS.74
:3
O.oi:
0.00l
St.3'~
1,7M.sfI
fO.II( -
o.<<c
f1I8A:
228.11
"
INCMAIa
72..
72...
M.W
.If,."
t7.n
."
.....
11.4"
44.O'Il
4UI
t.O'II
t7.n!
a.1"
IJ.nI
4""'
sra
4UI'
4U'lI
moDI
8IUI
-17_
~
24loB
it..
~
28ft
1113ft
~
IOrALDlVE&.OPIIEHI' RIIIdInlItIAIIIIaIlId ~.oo $C,IUM- to.n $l.tGt#"
IIPACrFlllPER' RIIIdInCItIDtIIcMd I,UUS ..t21.71 1t.J'll 1S,1II#;
IHr . ClIIIoI t.lt &II t~ &7:"
...... CqanInlIII ua "" 7.s:.
.....~ tAl W.1 ~;
. ......~ OM _. . t.C171.t. .....
NDJe "'lr1lfII/tIMIJII~....,., IWIllltIItWCIlI. _.. IDfIlCllHlJ1fInIII'1lI1.......ClIIllUIIMf,..,.,.
IIOtd"..buIIlO....
""'"
ti"'
...,.
.1t.1I
2Ull
It.ft
I herGby cc;il~. :Ir.:!l:r I~a !':i'.,-;, ." ~ ,
.StlNtS)ltlmtlJrlDw"willwl7...crtlllW,..oI 7lIftlColltlulIM.bove Slid 1':;;1I9.Jing ,.1 J 10":9 ll'lU <.VI ,.,. .
-1lIIa7__.,. ,1.4"tttllllrl""'. >>ldoCMlralIee. of an orlglnal!.'n d9posll \l'l\hin ihe '8cv'f.~ t'! .i!.
Cfty of Teml'l(;ul;\. II! wil,,~as \V:.~reN. I 1'8\'(
hereunto sill my hlincl Md allxod Ih~ ~ti~l (.j thp.
Clly of. Tem\l....la \:I.IS-:U~~y ~~~(~LlD~~L
Michaela A. D6I1r~.i.II. UOf:ih\' C I\~ \..;,,1.
~" 2:38 PM Cl&'2ff.!OOS
by: :~.~~~.......__.!.:. ~~
P:\lbnce~RepoIt. New DIF AJIatImeItAJdl
. .
A1TACltIlINT B
CRY OP1I!IIICUL:A )
DlVlLOPMIH'rIl'ACr FIlS
3eYIAR PtfA8II iN ICHEIMJ!
(Wn'HOUI' ANNUAL BCI ADJU8I1IEN18)
M". M.' " -yt. MY',
CUIIIINr - ... - 100I
COIIPONIHI' 1WI DllUIe UII no ....- REI- ....- ...-
I
S111118)1IIIm ...........AIIIcIlfCf t ..... . ..... . ... . .- t ...
~.' RNIIIInlIII DIIIcillId .,.. ,.... ,... '..- t....
a.. 0.., 017 '.w IA. a'4
RllllCamIilenIII UI aot &71 .... ut
8IMoI CCllMIucIII .. .. z.a U4 U7
1uIInMI.......... 0.71 0.71 totO 'M 'M
I'nIIIo 8l(ll'llll1iIld .......MIdIId t .. . 1&14' . . '.74 . t.,74 . ..74
TlIIIII ClInIrlll .............1lIlInd . 111M teut ttUt 11U. tlUt
. .,...,... 011IoI 0.1. o.t8 CUI tAl OAI
......CcInIIlIMIIt OM OM .. U4 0.74
.... 0arIlIIMW 0.- 0.>> . o.a 0..42 U2
...... PIIMniUlIW o.tt ..It 0.. ut OZl
:. I"" .FICItIn RllldtnllllMIdIId $ 121M . t_ I t.... , t".11 , t....
.......,.., DIIIcIIId 141.71 $71'- 371M ~... mM
0II0e OAll D.l8 o. 0.11 O.t.
...... ComlllIRiII ..., o.tI o.at o.a UI
s.rva~ 0.f11 0#1 CUt 0.11 ut
......~ 0,04 eLM 011 0.10 0.11
I'cIIIcI FICIlIeI fIIIIddII AIIadIId . . .. . _.21 , aso.a , -.a
RIIIdInIIII DIIIdIIcI mil 117.., ."m .17.
0II0e o.arz 0.04 .Q.OI
IlItII CclIMIIrdII om o.t3 uo
.....c , . , us Q.OI 0.10
. ...... f'III8tlMtdII 0.<<8 OM G.OI '\
r J
I i Fh Jl'rGIIclIan IlIIIdIIIIIIIAIIIlIIIIlI , 41.74 . 21&.1 . 211..1 I2S1.tr . atL"
...... .......~ ... 4JV.17 47D.17 ~17 470.17
CJlIIOt II.t3 0.11 Cl.Ge 0. o.ot
..... C . " ..1,1 o.lli2 CUIl2 CUIS G.OI 0.11
s.rvIoteon-dlt o.lli2 o.oz us o.oe US
.....1'IIllIInib'NI o.lli2 o.oz OM 0.01 0..lIt
PlIIk.... RIcalIlIon PMldInIlII MIctIId I 1.3tLII . .t,81&17 . 1,"1.77 . '''''''77 . ''''1.77
,.... IlMIdIlIIIIt DeIIctIId 1,7If,Jf 2,280.12 ~ 2.260.112 2,MD.IZ
<lib
fIIIIIQ..._CW
tIIn.toIJC" " ;11
......~
Jpen __ a Tld RMlddIl/.., . . 412.12 . 4'12.t2 . 472.12 . 472.12
DMIapnIwI RIIIdInIlII DIIIcIIIcf est.OO W.OO llllf.OO 8lIUO
0lIaI
RIIIIC" ., .\'
....c, .', II
........~ -
I.bwtllI RIIIIIInIllIIAIIIdIId . t... . 43IM . 431;a , 43t.. I 4tlAZ
RIIlddII DeIIritIId -.s. lout 802... llO2... 811U.
OIIIDI
R*lCcl....CW
.... CanInIIIdII
.....~
.1'OI'ALIIEVI!l.OPMIHf ................ tuOtAC . 4,IIUI . 4.*11 . 4,IIUI . ......
_ACTFliIP!R ......1lIIII DIIIoIIId '111M I,tlU1 I,tan 'tan .....,.
UIIf CIlIIII t.II 1.1t I.tI ..... UI
...... ClIIIudII .... W U. UI ....,
....ClIIIMIW tAl t... 1.71 U7 US
....... fllMllUlifII ... ... tM t. 2M
NOW: ,... fOI__........fllllllltWtw.....,1III. _1tIr~"""_",.. " , , r
wQlblllfld""....**fI"..lIf/ItItv....
~ SIrwt SyIfIm 6IpDI., " " ".".. rJlltIbII....lIdl QIIIIIrlI_
. -lldiI.-.,,'" 11A" rJlltJIII... 7ldI CtIr*"'..
-BCl....... Wfldd.__fD"_~.
~., I: ,\SIaII flepaIt. New DIF AIIaeIInM 8Jda t:4O PM 0&'2112003
EXHIBIT H
(Project Processing Schedule)
PHSlThe Garrett Group/Ci,ty of Temecula
PROCESSING SCHEDULE.
Task
IGrading Plans Resubmitted (3rd revision)
Grading Plan Comments to Applicant
.!BuildinQ Plans Submitted .
Building Plan Comments to Applicant
IBuilding Plans Resubmitted
IBuilding Plan Comments to Applicant
30-day CEQA Notice Due
PC SRlConditionsof Approval Due
Planning Commh~sion hearing (all applications)
ICity Council hearing (DA and GPA)
IPrecise Grading Permit available for PHS (Parcel 4)*
City Council 2nd reading (GPA, DA)
DA Validation ACtion Filing Deadline
DA Validation Action Resolved Deadline
/BUilding Permit available for PHS (Parcel 4)**
Final Map Recordation
Red = Applicant
Blue = Staff
Green = All
* Contingent upon mitigation measures being met
**Contingent upon conditions of approval being met
08/29/2007
1
Due Date # of days
OS/25/2007
06/08/2007 14 days
06/14/2007
06/28/2007 14 days
07/12/2007 14 days
I 07/19/200717 days
I. 08/01/20071
I 08/01/20071
I 09/05/20071
1 09/25/20071
09/26/20071
10/09/20071
,I. 10/14/200715 days
I. 01/12/2008 90 days
1 01/12/2008
I 03/07/200815 months
;:
EXHIBIT I
(Plan for Remington Road Extension Including Future Access Points)
~
~
!a '"
~Ig
!Q~S
~'i:5~
1il~~
~~@~
~~~~
~~~ffi
~~81~
~~~~
~i~~w
~ ~~
u ~!l::
\Il It
~~~\Il
~~~!5
~~~~
m~~!a .
~~i!:~
~ w1r~tl!
~ ~:S~q:
'"
~
q:
~
?3
~~
~
-.._--...",--._.,~.
..
~
: I
~llk!
~~ I ~ I
~ I
~ I
I!! J
I
II
. .
II
I
I
i U
~
I
I
. . I
I ~I i~
~:), .jj
.-.1
.
j'-:::::::::
.........
, .
EXHIBIT J
(Curb Cuts)
~
!::l
~ ~
Q':slg
!Q~S
.;t~
~~t
~~~~
~~~~
!::)lll. ~
~~~~
~~8\~
~~~~
ii~~
~ ~
~~
~~~~
~~tb~
~~~).
III !,Sill
~~~~
~ ~~~~
~~~~
1':::S~c(
iii
ij R -
~ ~ I
~il~
~tt'l
~ I I
~ I
I
I
I
I
II
, I
I I
'.
tI
!
~'
~:
, '!
I .1 ii
,:~'
- :,
j
t
--.Ilil. ~
'II
,I! Ji
.
I
i.- -
EXHIBIT K
(MSHCP)
~
~~
r.::~
\u~
lll\u
~~
!:S~
~Il:
~
/j
~~
~~
f3 ".
~I~
1Q~S
...,;l:~
~~~.
~~~~
l~~~
~lij, ~
~~m~
~~81~
li",,>t>-
gr~~
~i~\u
~ ;ti!:
<,,) ~Cl:
~ ~
;!~l3~
~~~~
~~~~
5 ~
~~Bi~
M ~~
~ \u~~~
~ i!:~~Q.:
~~~
----......--.~-
..
1IQ
: I
;I'i:.
III ' i
IS :;
~ ~~.
I
~.
I
I'
I '1
II
, .
II
Ii Ii I
I il il
. .~~i
. . &
.'.. j
:t
"~IJ !
...1~~
EXHIBIT L
(Intentionally Deleted)
EXHIBIT M
(Depiction of Parcel 2 Grading)
-..-....--.........-.....
~
.....
C)
-.J
,
,
; :
:
:
, '
,
. ,
! ~
,
, .
I \
.~
: \
, \
: \
, .
I '
I
-
It
, .
· · i
I .1 it
a~l
~il
m'II:!
, :1
ml:i
.
I
t..,JJ
l_., '" '
r".... a".,
I
t"::. ....::
..a.aa.a..
Jr.,....1
EXHIBIT N
(Depiction of Alternative Access Points and Alignments Cherry Street Right-of Way Section
4.1.10)
-"~",,,~""...-!..~
....
'0
::1
C>
lo.J ...:
VI,e:.
~....e:.
'<:.~
':!l~~
<:~~
0-""
~~o
~~~~
;;t~~;:'
~>"C>~
otO' ~
~l~~
~~'O,'c
~~'<:.~
% '&<:3
~~'c!,~
O"'::t:'"
...,""Il.tr;
VI~~O
VI ",'"
~'i,,?\Q
tO~"";:'
~~:...
lQ~tO
~\j!~e.
t'J>:: tr;
1l:'<:.~~
~lo.J'i?~~
~~;:,'<:.Il.
OX) ...
~ ~ ~1
~ \ '
\ \~ 1: ~
i'\\ i
~t t
\ i J
~ I
, \~
I \ \
\ \
~
f.
!
.
'I ·
1 l
'O::lN'~',
~-'.
;z/.
Gl""
. ) .~~ ~
","';":.
{Dl.\';t\
:, ,. ~ t.1,7.
;..,.....
0.
r-
-
,II
@)
'0
:.1
coa
'0
::1
<(.4-
~\
t>~
't:'{;
u u
-----;;--_...~~~
-~~
10
'0
:.1
----
V'"\IO~ -!O ),l.\?
3O\~;!t\~ .IIJ ~
.----
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED "OPERATING COVENANT
AGREEMENT (PROFESSIONAL HOSPITAL SUPPLY) BY
AND BETWEEN THE CITY OF TEMECULA AND
PROFESSIONAL HOSPITAL SUPPLY, INC."
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
1. Recitals. The City Council does hereby find determine and declare that:
A. The City and Professional Hospital Supply, Inc. ("PHS") propose to
enter into that certain agreement entitled: "Operating Covenant Agreement
(Professional Hospital Supply) by and between the City of Temecula and Professional
Hospital Supply, Inc." ("Agreement") that will provide for the deferral of approximately $2
million in development fees to the City in return for PHS expanding its facility in
Temecula, adding additional employees and agreeing to maintain its point of sale for
sales taxes in the City of Temecula.
B. Professional Hospital Supply, Inc., ("PHS") is a California
corporation engaged in the commercial business of supplying, packaging,
manufacturing, distributing, and delivering medical and surgical supplies. PHS currently
services the southern California market area from facilities located in the City at 41980
Winchester Road, 41995 Zevo Drive, and 43225 Business Park Drive and, at which it
employs 1,100 persons, and from which it generates substantial sales tax revenue for
the City.
C. As part of PHS's ongoing efforts to expand its operations in
southern California, it plans to relocate its operations to a new facility ("Temecula
Facility") to be built on approximately 32 acres within the City, generally located at the
corner of Winchester Road and Dendy Parkway, pursuant to a Development Agreement
between the City, Temecula Properties LLC, and PHS, dated as of September 25,
2007. The estimated cost of the Temecula Facility is $59 million.
D. PHS expects to employ an additional approximately 300 persons at
the Temecula facilities over the next five (5) years above and beyond those persons it
currently employs in the City.
E. PHS and the City desire to provide for PHS' continued operation of
its business within the City.
F. The City Council finds and determines that performance of the
City's obligations under this Agreement and the undertakings of PHS required by this
Agreement will promote the public health, safety, and welfare of the citizens of the City
and will be of substantial economic benefit to the City as the Agreement will: (1)
generate new short term and long term quality employment opportunities within the City;
(2) generate new tax revenues that will assist the City in funding public services for the
residents and businesses within the City; (3) preserve and enhance the job/housing
balance described in the City's General Plan and various regional plans; (4) develop
new and expanded commercial and business facilities; (5) expand and enhance the
City's tax base through increased property values and consumer purchasing; and (6)
promote the stability and diversification of the City's economy.
G. The City Council further finds and determines that the Agreement is
a lawful and valid exercise of the City's powers under the laws of the State of California.
H. This Agreement places no obligation on the City beyond the year of
its execution unless and until: (1) PHS or the Developer become obligated to pay any
Development Impact Fee related to the Temecula Facility, and (2) PHS continues in
business and maintains its Transaction Point for all PHS Business in the State of
California within the City.
I. On September 25, 2007 the City Council adopted Resolution No.
2007- entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE
TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN
909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220, A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN WITH A MINOR EXCEPTION." This Resolution approved the
Mitigated Negative Declaration for the physical development of the property described
therein, including the PHS Facilities. No further action under the California
Environmental Quality Act is required for the Agreement as the Agreement pertains only
to financial matters associated with the physical development described in the Mitigated
Negative Declaration.
J. All legal prerequisites to the adoption of this Resolution have
occurred.
K. This Agreement is a contract within the meaning of Section
53511 (a) of the California Government Code and therefore subject to a validation action
pursuant to Section 860 of the California Code of Civil Procedure.
2. Approval of Aareement. The City Council of the City of Temecula hereby
approves that certain agreement entitled "Operating Covenant Agreement (Professional
Hospital Supply) by and between the City of Temecula and Professional Hospital
Supply, Inc." ("Agreement"), with such changes to the Agreement as may be mutually
agreed upon by PHS and the City Manager and which are in substantial conformance
with the form of such Agreement attached hereto as Exhibit A. The Mayor is hereby
authorized to execute the Agreement on behalf of the City. A copy of the final
Agreement when executed by the Mayor and PHS shall be placed on file in the Office of
the City Clerk.
3. Authoritv of Citv Manaaer. The City Manager (or his designee), is hereby
authorized, on behalf of the City, to take all actions necessary and appropriate to carry
out and implement the Agreement and to administer the City's obligations,
responsibilities and duties to be performed under the Agreement, including but not
limited to, approval and execution on behalf of the City of acceptances, certificates,
certificates of completion and such other implementing agreements and documents as
contemplated, necessary or described in the Agreement.
4. Certification. The City Clerk shall certify to the adoption of this Resolution.
This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
OPERATING COVENANT AGREEMENT
(Professional Hospital Supply)
by and between the
CITY OF TEMECULA,
a California municipal corporation and general law city,
and
PROFESSIONAL HOSPITAL SUPPLY, INC.,
Dated as of September 25, 2007 for reference purposes only.
RVPUB\MGRANT\730567.4 Final 9/17/2007
CITY OF TEMECULA
OPERA TING COVENANT AGREEMENT
(Professional Hospital Supply)
THIS OPERATING COVENANT AGREEMENT (Professional Hospital Supply) (this
"Agreement") is entered into by and between the CITY OF TEMECULA, a California municipal
corporation and general law city (the "City"), and PROFESSIONAL HOSPITAL SUPPLY,
INC., a California corporation ("PHS"). This Agreement is dated as of September 25, 2007, for
reference purposes only (the "Reference Date").
RECIT ALS
The City and PHS enter into this Agreement with reference to the following recited facts
(each a "Recital"):
A. PHS is a California corporation licensed to do business in this state and is
engaged in the commercial business of supplying, packaging, manufacturing, distributing, and
delivering medical and surgical supplies. PHS currently services the southern California market
area from facilities located in the City at 41980 Winchester Road, 41995 Zevo Drive, and 43225
Business Park Drive and, at which it employs 1,100 persons, and from which it generates
substantial sales tax revenue for the City.
B. As part of PHS's ongoing efforts to expand its operations in southern California,
it plans to relocate its operations to a new facility ("Temecula Facility") to be built on
approximately 32 acres within the City, generally located at the corner of Winchester Road and
Dendy Parkway, pursuant to a Development Agreement between the City and Temecula
Properties LLC ("Developer"), dated as of September 25, 2007. The estimated cost of the
Temecula Facility is $59,000,000.
C. PHS expects to employ an additional approximately 300 persons at the Temecula
facilities over the next five (5) years above and beyond those persons it currently employs in the
City.
D. PHS and the City desire to provide for PHS' continued operation of its business
within the City.
E. The City Council finds and determines that performance of the City's obligations
under this Agreement and the undertakings of PHS required by this Agreement will promote the
public health, safety, and welfare of the citizens of the City and will be of substantial economic
benefit to the City as the Agreement will: (1) generate new short term and long term quality
employment opportunities within the City; (2) generate new tax revenues that will assist the City
in funding public services for the residents and businesses within the City; (3) preserve and
enhance the job/housing balance described in the City's General Plan and various regional plans;
(4) develop new and expanded commercial and business facilities; (5) expand and enhance the
City's tax base through increased property values and consumer purchasing; and (6) promote the
stability and diversification of the City's economy.
RVPUB\MGRANT\730567.4 Final 9/17/2007
-1-
F. This Agreement places no obligation on the City beyond the year of its execution
unless and until: (I) PHS or the Developer become obligated to pay any Development Impact
Fee related to the Temecula Facility, and (2) PHS continues in business and maintains its
Transaction Point for all PHS Business in the State of California within the City.
G. This Agreement is a contract within the meaning of Section 53511(a) of the
California Government Code and therefore subject to a validation action pursuant to Section 860
of the California Code of Civil Procedure.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES SET FORTH IN
THIS AGREEMENT, THE CITY AND PHS AGREE, AS FOLLOWS:
I. Definitions. All initially capitalized terms used in this Agreement shall have the
meanings set forth in this Section lor, if not set forth in this Section I, where such terms first
appear in this Agreement, unless the context of usage requires another meaning.
1.1 "Actual City Damages" means, following a Default by PHS under Section 3 of
this Agreement, an amount determined by subtracting the Taxable Sales Revenue from the
Maximum City Damages.
1.2 "Affiliate" of any Person means any other Person Controlling or Controlled by or
under common Control with the Person. "Affiliated" shall have the correlative meaning.
1.3 "Annual Report" means a written report stating the PHS Taxable Sales for a
particular Operating Year.
1.4 "Annual Report Date" means the date that is ninety (90) days following the last
day of the immediately preceding Operating Year.
1.5 "City" means the City of Temecula, a California municipal corporation and
general law city.
1.6 "City Manager" means the City Manager of the City or his or her designee or
successor in function.
1. 7 "City Parties" means, collectively, the City, its elected officials, employees,
attorneys, and other agents.
1.8 "City Party" means, individually, the City, its elected officials, employees,
attorneys, or other agents.
1.9 "Control" means possession, directly or indirectly, of the power to direct or
cause the direction of the management and policies of a Person, whether by ownership of Equity
Interests, by contract, or otherwise.
1.10 "Controlling" and "Controlled" mean exercising or having Control.
-2-
RVPUBIMGRANT\730567.4 Final 9/17/2007
1.11 "Default" is defined in Section 8.
1.12 "Damages Calculation Date" means, with the respect to the calculation of
Actual City Damages upon PHS's or its transferee's relocation of the Transaction Point outside
of the City prior to the expiration of the Transaction Point Maintenance Period, the date of such
relocation.
1.13 "Developer" means Temecula Properties LLC, a California limited liability
company.
1.14 "Development Agreement" means that certain development agreement between
the City of Temecula and Temecula Properties LLC dated as of September 25,2007,2007.
1.15 "Development Fees" means those development impact fees and other fees and
charges imposed by the City against PHS or the Developer in connection with the issuance of
permits, entitlements and other approvals required in connection with the development and
operation of the Temecula Facility, including application fees, inspection fees, building permit
fees, and capital facilities fees.
1.16 "Effective Date" is defined in Section 2.1.
1.17 "Equity Interest" means all or any part of any direct or indirect equity or
ownership interest(s) (whether stock, partnership interest, beneficial interest in a trust,
membership interest in a limited liability company, or other interest of an ownership or equity
nature) in any entity, at any tier of ownership, that directly or indirectly owns or holds any
ownership or equity interest in a Person.
1.18 "Federal" means of or related to the government of the United States of America.
1.19 "Fee Deferral" means the postponement of any obligation that PHS has to pay
Development Fees for the Temecula Facility in accordance with Section 4.1 of this Agreement.
1.20 "Fee Forgiveness" means the City's forgiveness of any obligation that PHS has
to pay deferred Development Fees in accordance with Section 4.3 of this Agreement.
1.21 "Indemnify" means, where this Agreement states that any Indemnitor shall
"indemnify" any Indemnitee from, against, or for a particular matter, that the Indemnitor shall
indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against any
and all loss, cost, claims, liability, penalties, judgments, damages, and other injury, detriment, or
expense (including reasonable attorney fees, interest and penalties) that the Indemnitee suffers or
incurs: (a) from, as a result of, or on account of the particular matter; or (b) in enforcing the
Indemnitor's indemnity obligation.
1.22 "Indemnitee" means any Person entitled to be Indemnified under this Agreement
and its agents, directors, employees, shareholders, officers and elected officials.
1.23 "Indemnitor" means a Party that agrees to Indemnify any other Person.
-3-
RVPUB\MGRANT\730567.4 Final 9/17/2007
1.24 "Maximum City Damages" means an amount determined by multiplying five
(5) times the then-current amount of the Fee Deferral as of the Damages Calculation Date.
1.25 "Negotiation Period" means the forty-five (45) day period commencing on the
effective date of any Notice of dispute given pursuant to Section 5.2(a).
1.26 "Notice" means any approval, consent, demand, designation, election, notice, or
request relating to this Agreement, including any Notice of Default or termination of this
Agreement. Notices shall be delivered, and shall become effective, only in accordance with
Section 17.
1.27 "Notify" means give a Notice.
1.28 "Operating Year" means each twelve (12) month period during the Transaction
Point Maintenance Period commencing on each July 1 and ending on each June 30 of the
following calendar year, with the first Operating Year commencing on July I, 2007 and ending
on June 30, 2008. The first Operating Year is sometimes referred to as "Operating Year I," with
each succeeding Operating Year, thereafter, being consecutively numbered, concluding with a
maximum of "Operating Year 8."
1.29 "Outside Effective Date" means November 1,2007.
1.30 "Parties" means, collectively, PHS and the City.
1.31 "Party" means, individually, PHS or the City, as applicable.
1.32 "Person" means any association, corporation, governmental entity or agency,
individual, joint venture, joint-stock company, limited liability company, partnership, trust,
unincorporated organization or other entity of any kind.
1.33 "PHS" means Professional Hospital Supply, Inc., a California corporation, its
Affiliates and its successors, assigns and transferees of either the PHS Business or the Temecula
Facility.
1.34 "PHS Business" means the business of supplying, packaging, manufacturing,
distributing, and delivering medical and surgical supplies by PHS or such other business as may
be lawfully conducted in the Temecula Facility and which generates Taxable Sales.
1.35 "PHS Parties" means, collectively, PHS, its Affiliates, shareholders, members,
partners, directors, officers, employees, attorneys or other agents.
1.36 "PHS Party" means, individually, PHS, its Affiliates, shareholders, members,
partners, directors, officers, employees, attorneys, or other agents.
1.37 "PHS Taxable Sales" means all Taxable Sales generated from the operation of
the PHS Business for which the Transaction Point is within the City.
1.38 "State" means the State of California.
-4-
RVPUB\MGRANT\730567.4 Final 9/17/2007
1.39 "Taxable Sale" means any transaction subject to imposition of sales or use tax
pursuant to the Bradley-Burns Uniform Sales and Use Tax Law (commencing with Section 7200
of the California Revenue and Taxation Code), or any successor law.
1.40 "Taxable Sales Generation" means, with respect to the calculation of Actual
City Damages, the aggregate amount of PHS Taxable Sales generated by PHS or its transferee(s)
from and after July 1, 2007 through the Damages Calculation Date.
1.41 "Taxable Sales Revenue" means an amount determined by multiplying the
Taxable Sales Generation by 1% (.01).
1.42 "Temecula Facility" means that certain office and distribution facility of
approximately 602,000 square feet to be developed at 42500 Winchester Road, Temecula,
California, 92590 for use by PHS.
1.43 "Transaction Point" means the physical location that, for the purposes of
allocation of sales or use tax revenues to taxing entities from a PHS Taxable Sales transaction, is
the place where the subject personal property is determined to have been sold or first
functionally used, as applicable, pursuant to the Bradley Burns Uniform Local Sales and Use Tax
Law (Revenue and Taxations Code Sections 7200, et seq.), and the associated regulations at Title
18 California Code of Regulations Sections 1800, et seq., as such laws or regulations may be
amended from time to time.
1.44 "Transaction Point Maintenance Period" is July 1,2007 to June 30, 2015.
1.45 "Transfer" of any right, obligation or property means any of the following,
whether by operation of law or otherwise, whether voluntary or involuntary, and whether direct
or indirect: (a) any assignment, conveyance, grant, hypothecation, mortgage, pledge, sale, or
other transfer, whether direct or indirect, of all or any part of such right, obligation or property,
or of any legal, beneficial, or equitable interest or estate in such right, obligation or property or
any part of it (including the grant of any easement, lien, or other encumbrance); (b) any
conversion, exchange, issuance, modification, reallocation, sale, or other transfer of any direct or
indirect Equity Interest(s) in the owner of such right, obligation or property by the holders of
such Equity Interest(s); (c) any transaction described in "b" affecting any Equity Interest(s) or
any other interest in such right, obligation or property or in any such owner (or in any other
direct or indirect owner at any higher tier of ownership) through any manner or means
whatsoever; or (d) any transaction that is in substance equivalent to any of the foregoing. A
transaction affecting Equity Interests, as referred to in clauses "b" through "d," shall be deemed a
Transfer by a Person even though that Person is not technically the transferor. A "Transfer"
shall not, however, include any of the foregoing (provided that the other Party to this Assignment
has received Notice thereof) relating to any Equity Interest: (a) that constitutes a mere change in
form of ownership with no material change in beneficial ownership and constitutes a tax-free
transaction under Federal income tax law and the State real estate transfer tax; (b) to member( s)
of the immediate family(ies) of the transferor(s) or trusts for their benefit; or (c) to any Person
that, as of the Effective Date, holds an Equity Interest in the Person whose Equity Interest is
being transferred.
-5-
RVPUB\MGRANT\730567.4 Final 9/17/2007
1.46 "Unavoidable Delay" means a delay in either Party performing any of its
obligations under this Agreement, except payment of money, arising from or on account of any
cause whatsoever beyond the Party's reasonable control, despite such Party's reasonable diligent
efforts, including industry-wide strikes, labor troubles or other union activities (but only to the
extent such actions do not result from the negligence or willful misconduct of the Party),
casualty, war, acts of terrorism or riots. Unavoidable Delay shall not include delay caused by a
Party's financial condition, illiquidity, or insolvency.
2. Effective Date.
2.1 Definition. This Agreement shall not become binding on either Party, unless and
until the first date on which all of the following occur, if at all (the "Effective Date"):
(a) Execution and Delivery of Agreement by PHS. This Agreement IS
executed by PHS and delivered to the City;
(b) Approval of Agreement by City Council. This Agreement is approved by
the City Council of the City at a public meeting of the City Council, following all legally
required notices and hearings, and such approval is evidenced by a resolution duly adopted by
the City Council of the City; and
(c) Execution and Delivery of Agreement by City. This Agreement IS
executed by the authorized representative(s) of the City and delivered to PHS.
2.2 Termination on Failure to Occur. If all of the conditions precedent to the
Effective Date set forth in Section 2.1 are not satisfied on or before the Outside Effective Date,
then no part of this Agreement shall become binding on or enforceable against either Party and
any prior signatures or approvals of this Agreement by either the City or PHS shall be void and
of no further force or effect.
3. Ooeration Covenant. PHS covenants to the City to maintain, or to cause to be
maintained, the Transaction Point for all Taxable Sales by the PHS Business to points within the
State of California in the City continuously throughout the Transaction Point Maintenance
Period.
4. Develooment Imoact Fee Deferral and Fore:iveness.
4.1 Fee Deferral. Following the Effective Date, whenever in a given Operating
Year, PHS or the Developer becomes obligated to pay any Development Fees for the Temecula
Facility, the City shall defer such obligation until the first day of the subsequent Operating Year.
If on the first day of a given Operating Year, the Transaction Point for all Taxable Sales by the
PHS Business within the State of California is in the City and has been so for the entirety of the
preceding Operating Year, then the City shall defer any and all previously deferred obligation for
an additional year. The maximum total amount that may be deferred in this manner is Two
Million Dollars ($2,000,000). Notwithstanding anything in this Section to the contrary, no
Development Fee obligation shall be deferred past the first day after the end of Operating Year 8,
at which time the deferred fees shall be forgiven as provided in Section 4.3.
-6-
RVPUB\MGRANT\730567.4 Final 9/17/2007
4.2 Fee Reimbursement. If prior to the Effective Date the Developer or PHS pays
any Development Impact Fees for the Temecula Facility that would have been subject to the Fee
Deferral had it come due after the Effective Date, the City shall reimburse the amount of any
such payment in full to the Developer or PHS, as applicable, within thirty (30) days following
the Effective Date, and any amount so reimbursed shall be counted towards the maximum
amount of the Fee Deferral.
4.3 Fee Forgiveness. If PHS maintains or causes to be maintained the Transaction
Point in the City for the entirety of the Transaction Point Maintenance Period, or pays the Actual
City Damages pursuant to Section 9, the City shall forgive any obligation of PHS or any other
party to pay any and all Development Fees that have been deferred pursuant to this Agreement.
5. Annual Reoorts.
5.1 Reporting. On or before each Annual Report Date, PHS shall deliver the
applicable Annual Report to the City.
5.2 Dispute Resolution.
(a) Negotiation Period. Within thirty (30) days following the earlier of: (i)
the City's receipt of the Annual Report for a particular Operating Year; or (ii) the Annual Report
Date for such Operating Year, the City may give Notice of any dispute regarding the amount of
PHS Taxable Sales reported by PHS in the Annual Report for the particular Operating Year.
Any such Notice of dispute shall state all bases for the City's disagreement with the Annual
Report, in detail. Any grounds for disagreement not stated in such Notice shall be waived. If the
City does not give Notice of a dispute regarding the amount of PHS Taxable Sales reported by
PHS in the Annual Report for the particular Operating Year within thirty (30) days following the
applicable Annual Report Date, the City shall have waived any objection to the amount of PHS
Taxable Sales reported by PHS for the particular Operating Year. If the City gives Notice of its
objection to an Annual Report, the Parties shall immediately commence good-faith negotiations
to resolve the dispute(s) stated in the Notice. The Parties shall continue such negotiations until
the earlier of: (1) the end of the Negotiation Period; or (2) the dispute is resolved by a written
agreement between the Parties. Notwithstanding any other part of this Section 5, the Parties may
agree in writing to extend the duration of the Negotiation Period for any amount of time.
(b) ARBITRATION OF DISPUTES. ANY DISPUTE RELATING TO THE
AMOUNT OF PHS TAXABLE SALES REPORTED BY PHS IN AN ANNUAL REPORT
FOR A PARTICULAR OPERATING YEAR SHALL BE SETTLED BY ARBITRATION
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN
ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, WHICH SHALL BE
COMMENCED WITHIN SIXTY (60) DA YS FOLLOWING THE END OF THE
APPLICABLE NEGOTIATION PERIOD. WITHIN FIFTEEN (15) DAYS AFTER THE
COMMENCEMENT OF ARBITRATION, EACH PARTY SHALL SELECT ONE PERSON
TO ACT AS AN ARBITRATOR. THE TWO SELECTED ARBITRATORS SHALL SELECT
A THIRD ARBITRATOR, WITHIN TEN (10) DAYS FOLLOWING THEIR APPOINTMENT.
IF EITHER PARTY FAILS TO SELECT AN ARBITRATOR, THEN THE ARBITRATOR
SELECTED BY THE OTHER PARTY SHALL ARBITRATE THE DISPUTE, WITHOUT
-7-
RVPUB\MGRANT\730567.4 Final 9/17/2007
ANY OTHER ARBITRATOR. IF THE ARBITRATORS SELECTED BY THE PARTIES
ARE UNABLE TO OR FAIL TO AGREE UPON A THIRD ARBITRATOR, THE THIRD
ARBITRA TOR SHALL BE SELECTED BY THE AMERICAN ARBITRATION
ASSOCIATION. EACH ARBITRATOR SHALL BE A MEMBER OF THE STATE BAR OF
CALIFORNIA, ACTIVELY ENGAGED IN THE PRACTICE OF LAW FOR AT LEAST TEN
(10) YEARS, OR A RETIRED JUDGE OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA. THE PLACE OF ARBITRATION SHALL BE THE CITY OF TEMECULA,
CALIFORNIA. EACH PARTY SHALL SUBMIT TO THE ARBITRATOR(S) AND
EXCHANGE WITH EACH OTHER, IN ADVANCE OF THE ARBITRATION HEARING,
THEIR LAST, BEST OFFERS. THE ARBITRA TOR(S) SHALL BE LIMITED TO
A WARDING ONLY ONE OR THE OTHER OF THE TWO FIGURES SUBMITTED. EACH
P ARTY SHALL BEAR ITS OWN COSTS AND EXPENSES AND AN EQUAL SHARE OF
THE ARBITRATOR(S)' AND ADMINISTRATIVE FEES OF ARBITRATION. THE
PARTIES SHALL HAVE THE RIGHTS OF DISCOVERY PROVIDED FOR IN
CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1283.05, WHICH IS
INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. EXCEPT AS MAY
BE REQUIRED BY LAW, NEITHER PARTY NOR AN ARBITRATOR MAY DISCLOSE
THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION UNDER THIS
AGREEMENT, WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES. THE
DECISION OF THE ARBITRATOR(S) SHALL BE BINDING ON BOTH PARTIES AND NO
APPEAL OR OTHER SUBSEQUENT LEGAL PROCEEDING OR ACTION SHALL BE
TAKEN BY EITHER PARTY REGARDING SUCH DECISION OR A WARD.
(c) ARBITRATION NOTICE. NOTICE: BY INITIALING IN THE SPACE
BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE
MATTERS INCLUDED IN THIS 'ARBITRATION OF DISPUTES' PROVISION DECIDED
BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE
GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED
IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE
RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES'
PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO
THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE
AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
(d) ARBITRATION CONSENT. WE HAVE READ AND UNDERSTAND
THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE
MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO
NEUTRAL ARBITRATION.
INITIALS OF AUTHORIZED CITY
REPRESENT A TIVE(S)
6. Adeauate Consideration.
INITIALS OF AUTHORIZED PHS
REPRESENT A TIVE(S)
-8-
RVPUB\MGRANT\730567.4 Final 9/17/2007
6.1 Exchange of Consideration. The Parties have determined and agreed that: (i)
the Fee Deferral and Fee Forgiveness represents fair consideration to PHS for entering into and
performing its covenants and other obligations under this Agreement; and (ii) that PHS'
performance of its covenants and other obligations under this Agreement represent fair
consideration to the City for the Fee Deferral and Fee Forgiveness and performance of the City's
other obligations under this Agreement.
6.2 No Unstated Consideration. Both Parties acknowledge and agree that neither
Party will receive any compensation under this Agreement other than expressly set forth in this
Agreement. Neither Party shall be entitled to any reimbursement or other compensation from the
other Party for any costs incurred by such Party in performing or preparing to perform its
covenants or other obligations under this Agreement.
7. Coooeration.
7.1 Permits and Authorizations. The City agrees to process all applications to the
City by PHS or the Developer for authorizations, consents, permits or Approvals regarding use
or development of the Temecula Facility in an expeditious manner. The City shall not charge
additional fees relating to expeditious processing of such applications. The City further agrees to
reasonably cooperate with PHS and/or the Developer, at no cost to the City, in securing any
County, State, Federal permits, authorizations or consents that may be required regarding use or
development of the Temecula Facility. The cooperation obligations of the City under this
Section 7.1 shall not require the City to make any economic contribution or incur any material
cost or expense.
7.2 Industrial Development Bonds. If requested by PHS, the City agrees to
reasonably cooperate with PHS or the Developer regarding the issuance of industrial
development bonds, as may be allowed by State or Federal law.
7.3 Timing. The agreements and obligations of the City under this Section 8 shall
not be limited to the Transaction Point Maintenance Period, but shall continue as long as the
PHS Business is located within the City.
8. Defaults. Subject to any extensions of time provided for in this Agreement for
Unavoidable Delay, the occurrence of any of the following events shall constitute a "Default":
8.1. Monetary Default. The failure by any Party to perform any obligation of such
Party under this Agreement for the payment of money, if such failure is not cured within fifteen
(15) days after the non-performing Party's receipt of Notice from the injured Party that such
obligation was not performed, as and when due; or
8.2 Non-Monetary Default. The failure by any Party to perform any of its
obligations set forth in this Agreement, other than obligations subject to Section 8.1 if such
failure is not cured within thirty (30) days after the non-performing Party's receipt of Notice
from the injured Party that such obligation was not performed, as and when due, or, if such
failure is of a nature that cannot reasonably be cured within thirty (30) days, the failure by such
Party to commence such cure within thirty (30) days after receipt of such Notice and to,
thereafter, diligently prosecute such cure to completion.
-9-
RVPUB\MGRANT\730567.4 Final 9/17/2007
9. Citv Damae:es for PHS' ~l:!n:~.<':11 of Section 3 Oblie:ation.
9.1 Subject to the Notice and opportunity to cure requirements of Section 8 and
notwithstanding any other provision of this Agreement to the contrary, as its sole and exclusive
remedy for PHS's Default of its obligation under Section 3 of this Agreement, the City shall
receive from PHS an amount equal to the Actual City Damages computed as of the Damages
Calculation Date. An illustration of the calculation of Actual City Damages, using hypothetical
amounts, is attached hereto as Exhibit "A".
9.2 Waiver. THE CITY ACKNOWLEDGES THAT IT IS A WARE OF THE
MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH
PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER WOULD HAVE
MA TERIALL Y AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.
9.3 Intent to Limit Remedies. CALIFORNIA CIVIL CODE SECTION 1542
NOTWITHSTANDING, IT IS THE INTENTION OF THE CITY TO BE BOUND BY THE
LIMITATION ON DAMAGES AND REMEDIES SET FORTH IN THIS SECTION 9, AND
THE CITY HEREBY WAIVES AND RELEASES ANY AND ALL OTHER CLAIMS
AGAINST PHS FOR MONETARY DAMAGES OR OTHER LEGAL OR EQUITABLE
RELIEF RELATED TO ANY DEF AUL T OR BREACH OF THIS AGREEMENT BY PHS,
EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 9.1, WHETHER OR NOT ANY
SUCH WAIVED OR RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE CITY
AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. THE CITY WAIVES THE
BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES
AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT
WITH REGARD TO THE LIMITATIONS ON DAMAGES AND REMEDIES AND
WAIVERS AND RELEASES OF ANY SUCH DAMAGES AND REMEDIES CONTAINED
IN THIS SECTION 9.
INITIALS OF AUTHORIZED CITY
REPRESENT A TIVE(S)
10. PHS' Remedv.
10.1 Recovery of Fee Waiver. Subject to the Notice and opportunity to cure
requirements of Section 8 and notwithstanding any other provision of this Agreement to the
contrary, PHS' sole and exclusive remedy regarding a Default by the City of its obligations
concerning the Fee Deferral or Fee Forgiveness shall be (i) recovery of an amount in monetary
damages equal to the Development Fees for which it or the Developer is actually liable in
connection with the Temecula Facility, up to a maximum amount of Two Million Dollars
-10-
RVPUB\MGRANT\730567.4 Final 9/17/2007
($2,000,000) and/or (ii) or a judicial declaration of PHS's right to such Fee Deferral or Fee
Forgiveness.
10.2 Waiver. PHS ACKNOWLEDGES THAT IT IS A WARE OF THE MEANING
AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH
PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER WOULD HAVE
MA TERIALL Y AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.
10.3 Intent to Limit Remedies. CALIFORNIA CIVIL CODE SECTION 1542
NOTWITHSTANDING, IT IS THE INTENTION OF PHS TO BE BOUND BY THE
LIMITATION ON DAMAGES AND REMEDIES SET FORTH IN THIS SECTION 10, AND
PHS HEREBY WAIVES AND RELEASES ANY AND ALL OTHER CLAIMS AGAINST
THE CITY FOR MONET AR Y DAMAGES OR OTHER LEGAL OR EQUITABLE RELIEF
RELATED TO ANY DEFAULT OR BREACH OF THIS AGREEMENT BY THE CITY,
EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 10.1, WHETHER OR NOT ANY
SUCH WAIVED OR RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO PHS AS
OF THE EFFECTIVE DATE OF THIS AGREEMENT. PHS WAIVES THE BENEFITS OF
CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES AND
JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT WITH
REGARD TO THE LIMIT A TIONS ON DAMAGES AND REMEDIES AND WAIVERS AND
RELEASES OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS
SECTION 10.
INITIALS OF AUTHORIZED PHS
REPRESENT A TIVE(S)
II. Indemnification.
11.1 Obligations. PHS shall Indemnify the City Parties against any wrongful
intentional act or negligence of the PHS Parties relating to performance of this Agreement. The
City shall Indemnify the PHS Parties against any wrongful intentional act or negligence of the
City Parties relating to performance of this Agreement.
11.2 Indemnitee Negligence. Notwithstanding anything to the contrary in this
Agreement, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the
Indemnitee's wrongful intentional acts or negligence.
11.3 Indemnification Independent of Insurance. The Parties' indemnification
obligations under this Agreement shall not, in any way, be restricted or limited to and are
independent of any insurance carried by a Party.
-11-
RVPUB\MGRANT\730567.4 Final 9/17/2007
11.4 Survival of Indemnification and Defense Obligations. The indemnification and
defense obligations of the Parties under this Agreement shall survive the expiration or earlier
termination of this Agreement, until all claims against any of the Indemnitees involving any of
the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes
of limitations.
11.5 Independent Duty to Defend. The duty to defend under this Agreement is
separate and independent of the duty to Indemnify. The duty to defend applies regardless of
whether the issues of negligence, liability, fault, default or other obligation on the part of the
Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately,
regardless of whether the Indemnitee has paid any sums or incurred any detriment arising out of
or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an
Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an
Indemnitor's duty to defend the Indemnitee at any stage of any claim or suit within the scope of
the Indemnitor's indemnity obligations under this Agreement.
11.6 Indemnification Procedures. Wherever this Agreement requires any Indemnitor
to Indemnify any Indemnitee:
(a) Prompt Notice. The Indemnitee shall promptly notify the Indemnitor of
any claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt notice
of a claim and such failure materially prejudices the Indemnitor in providing indemnity for such
claim, the Indemnitor shall be relieved of its indemnity obligations for such claim.
(b) Selection of Counsel. The Indemnitor shall select counsel reasonably
acceptable to the Indemnitee. Counsel to Indemnitor's insurance carrier that is providing
coverage for a claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall
defend the action, Indemnitee may, at its option and its own expense, engage separate counsel to
advise it regarding the claim and its defense. The Indemnitee's separate counsel may attend all
proceedings and meetings. The Indemnitor's counsel shall actively consult with the
Indemnitee's separate counsel. The Indemnitor and its counsel shall, however, fully control the
defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for
such claim.
(c) Cooperation. The Indemnitee shall reasonably cooperate with the
Indemnitor's defense of the Indemnitee, provided the Indemnitor reimburses the Indemnitee's
actual out of pocket expenses (including attorney fees) of such cooperation.
(d) Settlement. The Indemnitor may, with the Indemnitee's consent, not to be
unreasonably withheld, settle a claim. The Indemnitee's consent shall not be required for any
settlement by which all of the following occur: (i) the Indemnitor procures (by payment,
settlement or otherwise) a release of the Indemnitee from the subject claim(s) by which the
Indemnitee need not make any payment or other performance to the claimant; (ii) neither the
Indemnitee nor the Indemnitor on behalf of the Indemnitee admits liability; and (iii) the
continued effectiveness of this Agreement is not jeopardized in any way.
-12-
RVPUB\MGRANT\730567.4 Final 9/17/2007
12. Citv Contract Administration. The City Manager shall administer this Agreement on
behalf of the City. The City Manager may designate any member or members of the City staff to
carry out such responsibilities. Except as otherwise expressly provided in this Agreement, the
City Manager has the authority to approve or consent to those matters in this Agreement
requiring the City's approval or consent and to make all other decisions on behalf of the City,
subject to the City Manager's retained and reserved sole and absolute discretion to seek City
Council approval of any such matter.
13. Governine: Law. The substantive and procedural laws of the State shall govern the
interpretation and enforcement of this Agreement, without application of conflicts of laws
principles.
14. Transfer. PHS may Transfer, in whole or in part, its rights or obligations under this
Agreement to one or more transferees with the prior written consent of the City, which will not
be unreasonably withheld, delayed, or conditioned, and which shall be given if the proposed
transferee(s) agree(s) to operate a lawful business generating Taxable Sales from the Temecula
Facility and assume(s) PHS's obligations under this Agreement pursuant to a written agreement
mutually and reasonably acceptable to the City, PHS and the transferee(s). The City's approval
shall be deemed irrevocably given if the City fails to approve or disapprove (a) proposed
transferee(s) within thirty (30) days following PHS's written request for approval.
15. Non-liabilitv of City Officials and Emplovees. No elected official, officer, contractor,
consultant, attorney, employee or agent of the City shall be personally liable to PHS, any
voluntary or involuntary successor or assign of PHS, or any lender or other Person holding an
interest in the Temecula Facility or PHS, in the event of any Default or breach of this Agreement
by the City, or for any amount that may be or become due to PHS or its successors or assigns
under this Agreement, or on any obligations arising under this Agreement. No shareholder,
member, partner, principal, officer, attorney, employee or agent of PHS shall be personally liable
to the City, any voluntary or involuntary successor or assign of the City, or any lender or other
Person holding an interest in this Agreement or the Temecula Facility, in the event of any
Default or breach of this Agreement by PHS, or for any amount that may be or become due to
the City or its successors or assigns under this Agreement, or on any obligations arising under
this Agreement.
16. Notices.
16.1 Deliverv. Any and all Notices submitted by either Party to the other Party
pursuant to or as required by this Agreement shall be in writing and addressed to the City or PHS
(and their designated copy recipients) as set forth in Section 16.2. Notices (including any
required copies) shall be delivered personally, by Federal Express, United Parcel Service or other
nationally recognized overnight (one-night) courier service or by registered or certified United
States mail, return receipt requested and postage prepaid, to the addresses set forth in Section
16.2, in which case they shall be deemed delivered on the date of delivery (or when delivery has
been attempted twice, as evidenced by the written report of the courier service) to such
addressees) or on the fourth (4th) day following deposit with the United States Postal Service for
delivery. Either Party may change its address for delivery of Notices by Notice in compliance
with this Agreement. Notice of a change of address shall be effective only upon receipt. Any
-13-
RVPUB\MGRANT\730567.4 Final 9/17/2007
Party giving a Notice may request that the recipient acknowledge receipt of such Notice. The
recipient shall promptly comply with any such request, but failure to do so shall not limit the
effectiveness of any Notice. Any attorney may give any Notice on behalf of its client.
16.2 Addresses. The following are the authorized addresses for the submission of
Notices, demands or communications to the Parties, under this Agreement, as of the Reference
Date:
To City:
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Attention: City Manager
With a copy to
Richards, Watson & Gershon
355 South Grand Avenue
Los Angeles, CA 90071
Attention: Peter M. Thorson
To PHS:
Professional Hospital Supply, Inc.
41980 Winchester Road
Temecula, CA 92590
Attention: John Augustine, CFO
With a copy to:
Best Best & Krieger LLP
P.O. Box 1028
Riverside, CA 92502
Attention: Michael Grant
17. Jurisdiction and Venue. The Parties each acknowledge and agree that this Agreement is
entered into and is to be fully performed in the City of Temecula, County of Riverside, State of
California, and that all legal actions arising from this Agreement shall be filed in the Superior
Court of the State of California in and for the County of Riverside, California, or the United
States District Court with jurisdiction in the County of Riverside, California.
18. Incomoration of Recitals. The Recitals of fact set forth preceding this Agreement are
true and correct and are incorporated into this Agreement, in their entirety, by this reference.
19. Principles of Interpretation. No inference in favor of or against any Party shall be drawn
from the fact that such Party has drafted any part of this Agreement. The Parties have both
participated substantially in the negotiation, drafting, and revision of this Agreement, with advice
from counsel and other advisers of their own selection. A term defined in the singular in this
Agreement may be used in the plural, and vice versa, all in accordance with ordinary principles
of English grammar, which also govern all other language in this Agreement. The words
"include" and "including" shall be construed to be followed by the words: "without limitation."
Each collective noun shall be interpreted as if followed by the words "(or any part of it)," except
where the context clearly requires otherwise. Every reference to any document, including this
Agreement, refers to such document as modified from time to time (excepting any modification
-14-
RVPUB\MGRANT\730567.4 Final 9/17/2007
that violates this Agreement), and includes all exhibits, schedules, addenda and riders to such
document. The word "or" includes the word "and."
20. Countemart Orie:inals: Intee:ration. This Agreement may be executed in multiple
counterpart originals, each of which is deemed to be an original, but all of which taken together
shall constitute one and the same instrument. This Agreement and the exhibits attached to this
Agreement represent the entire understanding of the Parties and supersede all previous
negotiations, letters of intent, memoranda of understanding or agreements between the Parties
with respect to all or any part of the subject matter of this Agreement.
21. Severabilitv. If any term or provision of this Agreement or its application to any Party or
circumstance shall to any extent be invalid or unenforceable, then the remainder of this
Agreement or the application of such term or provision to Persons or circumstances, except those
as to which it is invalid or unenforceable, shall not be affected by such invalidity. All remaining
provisions of this Agreement shall be valid and be enforced to the fullest extent Law allows.
22. No Waiver. Failure to insist on anyone occasion upon strict compliance with any of the
terms, covenants or conditions of this Agreement shall not be deemed a waiver of such term,
covenant or condition, nor shall any waiver or relinquishment of any rights or powers under this
Agreement at anyone time or more times be deemed a waiver or relinquishment of such right or
power at any other time or times.
23. Time is of the Essence. Time is of the essence in the performance of the Parties'
obligations under this Agreement.
24. Unavoidable Delav: Extension of Time of Performance.
24.1 Notice. Subject to any specific provisions of this Agreement stating that they are
not subject to Unavoidable Delay, performance by either Party under this Agreement shall not be
deemed, or considered to be in Default, where any such Default is due to an Unavoidable Delay.
Any Party claiming Unavoidable Delay shall Notify the other Party: (a) within ten (10) days
after such Party knows of any such Unavoidable Delay; and (b) within five (5) days after such
Unavoidable Delay ceases to exist. To be effective, any Notice of an Unavoidable Delay must
describe the Unavoidable Delay in reasonable detail. The extension of time for an Unavoidable
Delay shall commence on the date of receipt of Notice of the occurrence of the Unavoidable
Delay by the Party not requesting an extension of time to perform due to such Unavoidable
Delay and shall continue until the end of the condition causing the Unavoidable Delay. The
Party seeking to be excused from performance shall exercise its best efforts to cure the condition
causing the Unavoidable Delay, within a reasonable time.
24.2 Assumption of Economic Risks. ANYTHING IN THIS AGREEMENT TO
THE CONTRARY NOTWITHSTANDING, THE PARTIES EXPRESSLY ASSUME THE
RISK OF UNFORESEEABLE CHANGES IN ECONOMIC CIRCUMSTANCES AND/OR
MARKET DEMAND/CONDITIONS AND WAIVE, TO THE GREATEST LEGAL EXTENT,
ANY DEFENSE, CLAIM, OR CAUSE OF ACTION BASED IN WHOLE OR IN PART ON
ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED ECONOMIC
CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR THEORIES. EACH
-15-
RVPUB\MGRANT\730567.4 Final 9/17/2007
PARTY AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, EITHER OF
SUCH PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN
MARKET CONDITIONS OR DEMANDS, SHALL NOT OPERATE TO EXCUSE OR
DELAY THE STRICT OBSERVANCE OF EACH AND EVERY OF THE OBLIGATIONS,
COVENANTS, CONDITIONS AND REQUIREMENTS OF THIS AGREEMENT. THE
PARTIES EXPRESSLY ASSUME THE RISK OF SUCH ADVERSE ECONOMIC OR
MARKET CHANGES, WHETHER OR NOT FORESEEABLE AS OF THE REFERENCE
DATE.
INITIALS OF AUTHORIZED CITY
REPRESENT A TIVE(S)
INITIALS OF AUTHORIZED PHS
REPRESENT A TIVE(S)
25. No Third Party Beneficiaries. The performance of the Parties' respective obligations
under this Agreement is not intended to benefit any Person other than the City and PHS, except
as may be expressly provided otherwise in this Agreement. No Person not a signatory to this
Agreement shall have any rights or causes of action against any Party to this Agreement as a
result of that Party's performance or non-performance under this Agreement, except as otherwise
expressly provided in this Agreement.
26. No Other Reoresentations or Warranties. Except as expressly set forth in this Agreement,
no Party makes any representation or warranty material to this Agreement to any other Party.
27. Warranties Ae:ainst Payment of Consideration for Agreement. PHS represents and
warrants that PHS has not employed or retained any Person to solicit or secure this Agreement
upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees of PHS. PHS further represents and warrants that no gratuities,
in the form of entertainment, gifts or otherwise have been or will be given by PHS or any of its
agents, employees or representatives to any elected or appointed official or employee of the City
in an attempt to secure this Agreement or favorable terms or conditions for this Agreement.
Breach of the representations or warranties of this Section 27 shall automatically terminate this
Agreement, without further notice to or action by either Party, and PHS shall immediately refund
any Fee Waiver made prior to the date of any such termination.
28. Relationship of Parties. The Parties agree and intend that the City and PHS are
independent contracting entities and do not intend by this Agreement to create any partnership,
joint venture, or similar business arrangement, relationship, or association between them.
29. Survival of Ae:reement. All of the provisions of this Agreement shall be applicable to
any dispute between the Parties arising from this Agreement, whether prior to or following
expiration or termination of this Agreement, until any such dispute is finally and completely
resolved between the Parties, either by written settlement, entry of a non-appealable judgment or
expiration of all applicable limitations periods and all terms and conditions of this Agreement
relating to dispute resolution and limitations on damages or remedies shall survive any expiration
or termination of this Agreement.
[Signatures on following page]
-16-
RVPUB\MGRANT\730567.4 Final 9/17/2007
CITY:
SIGNATURE PAGE
TO
OPERA TING COVENANT AGREEMENT
(Professional Hospital Supply)
PHS:
CITY OF TEMECULA, a California
municipal corporation and general law city
By:
Chuck Washington
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
PROFESSIONAL HOSPITAL SUPPLY,
INC., a California corporation
By:
Name:
Its:
By:
Name:
Its:
APPROVED AS TO LEGAL FORM:
By
Peter M. Thorson
City Attorney
RVPUB\MGRANT\730567.4 Final 9/17/2007
-17-
EXHIBIT A
ILLUSTRATION OF CALCULATION OF ACTUAL CITY DAMAGES,
USING HYPOTHETICAL AMOUNTS
EXAMPLE 1 EXAMPLE 2
MAXIMUM CITY
DAMAGES:
CURRENT AMOUNT OF
FEES DEFERRED $ 2,000,000 $ 1,700,000
MULTIPLIER 5 5
TOTAL 10,000,000 8,500,000
TAXABLE SALES
REVENUE:
PHS TAXABLE SALES
THROUGH DAMAGES
CALCULATION DATE 500,000,000 700,000,000
RATE 1.0% 1.0%
TOTAL 5,000,000 7,000,000
ACTUAL CITY DAMAGES $ 5,000,000 $ 1,500,000
R VPUB\MGRANT\ 730567.4
A-I
Project Description:
Location:
Applicant:
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
Mitigation Monitoring Program
Development Agreement between the City of Temecula and
Temecula Properties, LLC, Planning Application Nos. PA07-0220
(Development Agreement), PA07-0048 (General Plan
Amendment), PA06-0370 (Tentative Tract Map No. 35181), and
PA06-0369 (Development Plan) for Professional Hospital Supply
(PHS)
Northwest corner of Winchester Road and Dendy Parkway
The Garrett Group
One BetterWorld Circle
Temecula, CA 92590
Aesthetics
Have a substantial adverse effect on a scenic vista and
substantially degrade the existing visual character or quality of the
site and its surroundings.
1. To ensure that the scale and character of proposed
development along the hillside does not detract from the natural
views, all structures associated with the development shall be
designed in conformance with the General Plan requirements and
Development Code standards. Specifically, the visual mass of the
buildings along the hillside shall be reduced through breaks in the
structure, tree plantings, articulation of the fac;:ade, and other
architectural devices.
2. The development shall be designed to minimize
detrimental impacts on surrounding properties, including, but not
limited to, visual, noise, air quality and other environmental
impacts. Strategies for minimizing the impacts include protecting
any future residential areas adjacent to industrial and commercial
development through screening of circulation areas, loading areas
and trash collection points or other areas that could potentially be
disruptive to the character of the adjacent areas.
Planning staff will verify compliance with the above mitigation
measures as part of the building plan check review process
Prior to issuance of building permits
Planning Department
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Air Quality
Violate any air quality standard or contribute substantially to an
existing or projected air quality violation, or result in a cumulatively
considerable net increase of any criteria pollutant for which the
project region is non-attainment under an applicable federal or
state ambient air quality standard (including releasing emissions
which exceed quantitative thresholds for ozone precursors).
3. Adhere to best management practices which include the
application of water on disturbed soils twice daily, covering haul
vehicles, replanting disturbed areas as soon as practical and
restricting vehicle speeds on unpaved roads to 15 mph to control
fugitive dust.
4. Trucks hauling dust, sand, gravel, or soil are to be covered
or should maintain at least two feet of freeboard in accordance
with Section 23114 of the California Vehicle Code.
5. During site grading, underground, and building activity
construction, the contractor shall adhere to SCAQMD Rule 431.2
(diesel fuel with sulfur content of 15 ppm by weight or less).
6. During construction, off-road construction equipment shall
be maintained in good condition and in proper tune as per
manufacturers' specifications and restrict diesel equipment idling
to no more than five minutes.
7. Limit application of paint to 50 gallons per day and use of
Zero-VaC paints (assumes no more than 150 gram/liter of VaC).
Planning staff will verify compliance with the above mitigation
measures as part of the grading plan and building plan review
process
Prior to issuance of a grading permit and building permits
Planning Department and Public Works Department
Biological Resources
Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive,
or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish and Game or
U.S. Fish and Wildlife Service, or have a substantial adverse
effect on any riparian habitat or other sensitive natural community
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
2
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
identified in local or regional plans, policies, regulations, or by the
California Department of Fish and Game or US Fish and Wildlife
Service.
8. A pre-construction burrowing owl survey is required 30
days prior to commencement of construction. If any burrowing owl
is found on site, the CDFG shall be consulted, and a passive
relocation effort shall be undertaken outside of the nesting
season. No disturbance of active nests shall occur.
9. A qualified biologist shall determine if any active raptor
nests occur within the limits of disturbance prior to
commencement of grubbing, clearing, or grading activities.
10. No brushing, clearing, or grading shall occur within 500
feet of occupied tree-nesting raptor habitat during the raptor
breeding season (typically December to July).
11. In order to ensure MBTA compliance, clearing of native
vegetation shall occur outside the breeding season of most avian
species (February 1 through September 15) unless a pre-
construction nesting bird survey determines that no nesting birds
are present. The City of Temecula shall approve activities after
concurrence is received from the wildlife agencies.
12. Lighting within the proposed project adjacent to preserved
habitat shall be of the lowest illumination allowed for human safety
and selectively placed, shielded, and directed away from
preserved habitat.
13. Impacts to upland habitats and associated species shall be
addressed through participation in the MSHCP and payment of
the MSHCP Local Development Mitigation fees. The project is
located within the Riverside County Stephens' kangaroo rat HCP
Fee Assessment Area fee area.
Planning staff will verify compliance with the above mitigation
measures as part of the grading plan check review process
Prior to issuance of a grading permit and building permits
Planning Department and Public Works Department
Biological e/sources
Have a substantial adverse effect of federally protected wetlands
as defined by Section 404 of the Clean Water Act (including, but
not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means.
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
3
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measures:
14. Both federal Clean Water sections 404 and 401 permits
and a 1602 Streambed Alteration Agreement are required.
Copies of all required permits shall be provided to the City prior to
the start of construction and comply fully with all of the terms and
conditions of those permits and agreement.
15. Impacts to jurisdictional areas shall be mitigated at least a
1:1 ratio through off-site creation or purchase of wetland credits
within an approved wetland mitigation bank.
Planning staff shall verify compliance with the above mitigation
measures as part of the grading plan check review process
Prior to issuance of a grading permit and building permits
Planning Department and Public Works Department
Cultural Resources
Cause a substantial adverse change in the significance of a
historical or archaeological resource pursuant to Section 15064.5,
and disturb any human remains, including those interred outside
of formal cemeteries.
16. Prior to the issuance of a grading permit, the project
proponent shall prepare an assessment of the archaeological and
cultural resources on the 84 acre project site. The assessment
shall be performed by a qualified archaeologist in conjunction with
the Pechanga Band of Luiseiio Indians in order to determine
whether there are cultural resources on the property and evaluate
the significance of any such resources. Any such testing shall
involve the Pechanga Tribe, and all tests to determine impacts
should be completed prior to the issuance of grading permits.
.1--7. ~::3r te the issllanGe ~~ :: ;jraein!j FJ~:~:~, ~~:> FJreject
FJreFJen~~~ ~~::~~ ~~ ~~::~~*-~~:~~~::::~ ::>sellrGeS testin!j en the
sitz in lh:: areas whizh hcr:e seen eesi!jnalee sy the Peehan!ja
+ffiJz as lil;::ly te ezntaJ,r. zullura~ r3SelliGZs. ~::3r te the lestin!j,
the FJrejeGt FJreFJen~~~ ~~::~~ ~:>et with reFJres~~~::~:':es ef the
PeGhang.:: :::=:> ane the City te eetermine the sFJeGifiG aeeitienal
af~::~ ~~::~ ~~::~~ se testee. ReFJres~~~::~:':es ef the PeGhan€j:: Tr~l::s
shall se FJresent ellrin!j the testin!j ane the FJreject FJreFJen~-~ ~h::"
meet ane Genfer in !jeeE! ~:::~~ ','lith sllGh Trisal reFJresenlatives with
resFJeet te eemmznts lh::y may have en the testinB' In lh:: event
_-'''''''__,,1 -""'-">.ti-- - -- - ----yo. -- - -- II -<
cttftttt1.;..._.. ...._~.;... ...~..:...:. c.-f:--Ae€":'-':'-':'':''.J c....:. c.. r..:.":'u jf"
Gllltllral reSellrGeS eisGeveree the testin!j, the Directer ef Plannin!j
shall s- ::~:~~3rizee, felle'l'lin:;; :: ~::SGl~:'~ LJ:>arin!j, te imFJese sllGh
new Geneiliens er meeify ~:::~~:~::J Geneitie~~ ::~ ~"3G~:::::Y--ro
miti!jate any aeeitienal ~~:~~~::::~ ::>sellrGeS imFJacts whie~ ~::~'-be-
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
4
iaentifiea. (Deleted at the September 5, 2007 Planning
Commission)
18. Prior to the issuance of grading permits, the project
proponent shall enter into a Treatment Agreement with the
Pechanga Band of Luiseiio Indians. This agreement will address
the treatment and disposition of cultural resources and human
remains that may be uncovered during construction as well as
provisions for tribal monitors.
19. Tribal monitors from the Pechanga Band of Luiseiio
Indians shall be allowed to monitor all grading, excavation and
ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal
monitors shall have the authority to temporarily stop and redirect
grading activities to evaluate the significance of any
archaeological resources discovered on the property, in
conjunction with the archeologist and the Lead Agency.
20. A qualified archaeologist monitor shall be present during
all earthmoving activities. The monitor shall be empowered to
temporarily halt or redirect construction work in the vicinity of the
find until it can be evaluated by the project archaeologist in
conjunction with the Pechanga Tribe. In the event of a new find,
further testing, excavation, and/or reporting may be required.
21. If cultural resources are discovered during the project
construction (inadvertent discoveries), all work in the area of the
find shall cease, and a qualified archaeologist and representatives
of the Pechanga Tribe shall be retained by the project sponsor to
investigate the find, and make recommendations as to treatment
and mitigation.
22. If human remains are encountered, all activity shall cease
and the County Coroner must be notified immediately. State
Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a
determination of the origin and until treatment pursuant to Public
Resources Code Section 5097.98 has been decided. The Coroner
shall determine if the remains are prehistoric, and shall notify the
State Native American Heritage Commission (NAHC) if applicable.
Further actions shall be determined ey the aesires ef the Most
Lil(oly Dosconaont (MLD). pursuant to California Public
Resources Code Section 5097.98 (Amended at the September
5, 2007 Planning Commission)
23. The landowner shall agree to relinquish ownership of all
cultural resources, including all Luiseiio sacred items, burial goods
and all archeological artifacts that are found on the project site to
the Pechanga Band of Luiseiio Indians for proper treatment and
disposition.
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
5
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measures:
24. All E:aGree E:iteE: wit~;~ ~~':l I3rejeGt area are te ee aveieee
ane I3reE:ervee. (Deleted at the September 5, 2007 Planning
Commission)
25. The %-acre of cultural site CA-RIV 237 located in the
northeast corner of Planning Application 06-0370 shall be
preserved in Open Space and recorded with the County Recorder
of Riverside County as a conservation easement for preservation
purposed in perpetuity. The %-acre of CA-RIV 237 shall not be
subjeGt to development, archeological testing or ground-disturbing
aGtivities.
The Planning Department shall be notified in the event any
resources are discovered. Place the above Condition of Approval
on this projeGt to require cultural resource monitoring during all
earthmoving aGtivities.
On-going during all earthmoving phases of the projeGt
Planning Department and Public Works Department
Cultural Resources
Cause a substantive adverse change in the significance of
paleontological resources.
26. A qualified paleontological monitor shall provide cultural
resources sensitivity training (a 15 min. presentation) for all projeGt
personnel.
27. All impaGts to the sandstone and fanglomerate members of
the Pauba Formation shall be monitored full time at the beginning
of grading. A trained paleontological monitor shall be present
during ground disturbing aGtivities within the projeGt area
determined likely to contain paleontological resources. Monitoring
will be adjusted to spot checking if initial monitoring shows
negative results.
28. Upon encountering any significant fossils, salvage of all
fossils in the area shall be conduGted with additional field staff and
in accordance with modern paleontological techniques.
29. Any significant fossils recovered shall be prepared to a
reasonable point of identification. Excess sediment or matrix will
be removed from the specimens to reduce the bulk and cost of
storage. Itemized catalogs of all material collected and identified
shall be provided to the museum repository along with the
specimens.
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
6
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
30. Prior to the issuance of a building permit, a report
documenting the results of the monitoring and any salvage
activities and the significance of the fossils shall be prepared.
31. Any significant fossils recovered, along with the itemized
inventory of the specimens, shall be deposited in a museum
repository for permanent curation and storage.
The Planning Department shall be notified in the event any
resources are discovered. Place the above Condition of Approval
on this project to require cultural resource monitoring during all
earthmoving activities.
On-going during all earthmoving phases of the project
Planning Department and Public Works Department
Geology and Soils
Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving strong
seismic ground shaking.
32. Seismically resistant structural design in accordance with
local building ordinances shall be followed during the design of all
structures.
33. Subsequent geotechnical reviews shall be conducted prior
to the development of Parcels 1, 2, and 3 created by this project.
Building and Safety staff will verify compliance with the above
mitigation measure as part of the grading and building plan check
review processes.
Prior to issuance of a grading permit and building permits
Planning Department, Building and Safety Department, and Public
Works Department
Geology and Soils
Result in substantial soil erosion or the loss of topsoil, be located
on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or
off-site landslide, lateral spreading, subsidence, liquefaction or
collapse, or be located on expansive soil, as defined in Table 18-
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
7
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measure:
Specific Process:
1-B of the Uniform Building Code (1994), creating substantial risks
to life or property.
34. Prior to the issuance of grading and building permits, the
applicant shall submit to the Public Works Department an erosion
control plan prepared in accordance with the requirements of the
Temecula Municipal Code, Section 18.15, Erosion and Sediment
Control.
35. Prior to the issuance of occupancy permits, landscape
plans shall be prepared for all slopes created by the grading and
fill of these sites consistent with "Slope Planting Guidelines" and
the Development Code, and shall provide erosion control on
undeveloped portions of the site.
36. Prior to the issuance of grading and building permits, the
recommendations contained in soils report(s), geotechnical report,
and slope stability report shall be implemented.
37. Plants selected for slope landscaping shall be light-weight,
deep rooted type vegetations that require little water and are
capable of surviving with little irrigation.
Planning, Public Works, and Building and Safety staff will verify
compliance with the above mitigation measure as part of the
grading and building plan check review processes.
Prior to issuance of a grading permit and building permits
Planning Department, Building and Safety Department, and Public
Works Department
Noise
Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance,
or applicable standards of other agencies.
38. Prior to issuance of a building permit, the project applicant
shall submit an acoustical analysis prepared by a certified
acoustical engineer to ensure that noise levels will not exceed an
Ldn of 75 dBA exterior or an Ldn of 55 dBA interior at the
receptor. The analysis shall include requirements such as special
design measures to protect surrounding noise sensitive uses from
ultimate projected operational noise levels.
Planning staff will verify compliance with the above mitigation
measures as part of the building plan check review process
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
8
Mitigation Milestone:
Responsible Monitoring
Party:
Prior to issuance of building permits
Planning Department
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
9
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0370
Project Description: A Tentative Tract Map (TTM 35181) to subdivide 84 gross
acres into five parcels, four developable lots and one
easement parcel for slope and drainage purposes. The
project site is located at the northwest corner of Dendy
Parkway and Winchester Road
Assessor's Parcel No.: 909-370-018 and 909-370-032
MSHCP Category: Per Development Agreement
DIF Category:
Per Development Agreement
TUMF Category:
Per Development Agreement
Approval Date:
September 6, 2007 Per Development Agreement
(Amended at the September 5, 2007 Planning
Commission)
Expiration Date:
September S, 29-1-0- Per Development Agreement
(Amended at the September 5, 2007 Planning
Commission)
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of One Thousand Eight
Hundred Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred
Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-
Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of
Determination for the Mitigated Negative Declaration required under Public Resources Code
Section 21152 and California Code of Regulations Section 15075. If within said 48-hour
period the applicant/developer has not delivered to the Planning Department the check as
required above, the approval for the project granted shall be void by reason of failure of
condition [Fish and Game Code Section 711.4(c)].
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
GENERAL REQUIREMENTS
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
2
Planning Department
2. The applicant shall sign both copies of the final Conditions of Approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
3. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirements of Ordinance No. 460, unless modified by the conditions listed below.
A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 60 days prior to the expiration date.
4. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
5. The approval granted by this Resolution shall become effective upon the Effective Date of
the Development Agreement, as the term Effective Date is defined in the Development
Agreement adopted concurrently with this Resolution.
6. If Subdivision phasing is proposed, a .ahasina alan shall be submitted to and approved by
the Planning Director.
7. The project and all subsequent projects within this site shall be subject to the Garrett/PHS
Development Agreement (PA07-0220).
8. All lots created by TTM35181 shall be developed as identified in the Development
Agreement (PA07-0220).
9. The project and all subsequent projects within this site shall comply with all mitigation
measures contained in the approved Mitigation Monitoring Program.
10. A Specific Plan consistent with Development Agreement (PA07-0220) shall be submitted
prior to the approval of any development plans for Lots 1, 2, or 3 created by TTM 35181.
Public Works Department
11. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
3
12. A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction outside of the City-maintained
road right-of-way.
13. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
14. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for
consistency with adjacent projects and existing improvements contiguous to the site and
shall be submitted on standard 24" x 36" City of Temecula mylars.
15. The provisions for the design, improvement, lot configuration, public facility financing and the
following conditions of approval are predicated on the approval and full execution of a
Development Agreement between Temecula Properties, LLC and the City on or about
September 25, 2007.
Fire Prevention Bureau
16. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
17. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 4,000 GPM at
20 PSI residual operating pressure for a 4 hour duration. The Fire Flow as given above has
taken into account all information as provided (CFC 903.2, Appendix III-A)
18. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to public
streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be
located no more than 210 feet from any point on the street or Fire Department access
road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2,
903.4.2, and Appendix III-B).
19. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2.2).
Community Service Department
20. The Applicant shall comply with the Public Art Ordinance.
21. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
4
PRIOR TO RECORDATION OF THE FINAL MAP
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
5
Planning Department
22. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory recommendations,
Ordinance No. 655.
ii. A Mitigated Negative Declaration was prepared for this project and is on file
at the City of Temecula Planning Department.
iii. This project is within the Alquist-Priolo Special Studies Zone.
iv. This project contains sensitive cultural resources.
23. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning
Application 06-0370 shall be preserved in Open Space and recorded with the County
Recorder of Riverside County as a conservation easement for preservation purposed in
perpetuity. The %-acre of CA-RIV 237 shall not be subject to development, archeological
testing or ground-disturbing activities.
24. The applicant shall comply with the provisions of the Development Agreement (PA07 -0220)
prior to Final Map recordation.
Public Works Department
25. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Riverside County Flood Control and Water Conservation District
d. City of Temecula Fire Prevention Bureau
e. Planning Department
f. Department of Public Works
g. Riverside County Health Department
h. Time Warner
i. Community Services District
j. Verizon
k. Southern California Edison Company
I. Southern California Gas Company
m. Fish and Game
n. Army Corps of Engineers
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
6
26. The Developer shall design and guarantee construction of the following public improvements
to City of Temecula General Plan standards unless otherwise noted. Plans shall be
reviewed and approved by the Department of Public Works:
a. Winchester Road (Major Arterial Standards - 100' R/W) between Dendy Parkway
and the southern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
b. Dendy Parkway (Major Arterial Standards - 100' R/W) between Winchester Road
and the eastern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
c. Remington Avenue (Industrial Collector Highway Standards - 78' R/W) to include
dedication of full width street right-of-way, installation of full width street
improvements, curb and gutter, sidewalk, painted median, street lights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
d. Remington Avenue and Winchester Road intersection to include a stop control on
the eastbound leg of Remington Avenue for an all-way stop controlled intersection
and a striped 200-foot northbound left turn pocket. In addition, secure with a cash
deposit to include a year 2009 traffic analysis to determine traffic signal warrants and
a fair share contribution for the design and installation of a traffic signal.
e. Cherry Street (Major Arterial- 100' R/W)
i. Dedication of half-width street right-of-way.
f. Western Bypass Corridor (Major Arterial - 100' R/W)
i. Dedication of full-width street right-of-way plus an easement for slope
construction, maintenance and drainage purposes.
g. All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
27. Unless otherwise approved the following minimum criteria shall be observed in the design of
the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
b. Driveways shall conform to the applicable City Standard No. 207A.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
and 401.
e. Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All street and driveway centerline intersections shall be at 90 degrees.
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
7
h. All knuckles shall be constructed in accordance with City Standard No. 602.
i. All cul-de-sacs shall be constructed in accordance in City Standard No. 600.
j. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
k. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities shall
be designed and constructed in accordance with City Codes and the utility provider.
I. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground.
28. A construction phase Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or other
disruption to traffic circulation as required by the Department of Public Works.
29. Relinquish and waive right of access to and from Winchester Road on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
30. Relinquish and waive right of access to and from Dendy Parkway on the Final Map. Specific
access openings will be determined through the Development Plan process as stated in the
Development Agreement.
31. Relinquish and waive right of access to and from Remington Avenue on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
32. Relinquish and waive right of access to and from Cherry Street on the Final Map. Specific
access openings will be determined through the Development Plan process as stated in the
Development Agreement.
33. Relinquish and waive right of access to and from the Western Bypass Corridor on the Final
Map. Specific access openings will be determined through the Development Plan process
as stated in the Development Agreement.
34. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities
shall be provided at all street intersections in accordance with Riverside County Standard
No. 805.
35. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandons such
offers. All dedications shall be free from all encumbrances as approved by the Department
of Public Works.
36. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Prior to City
Council approval of the Final Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
37. Any delinquent property taxes shall be paid.
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
8
38. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final
Map to delineate identified environmental concerns and shall be recorded with the map.
39. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet recorded with any underlying maps related to the subject property.
40. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Final Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
41. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit
shall be installed to cable TV standards at time of street improvements.
42. Private drainage easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
43. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary. All offers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on the
final map. A note shall be added to the final map stating "drainage easements shall be kept
free of buildings and obstructions. "
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
9
PRIOR TO ISSUANCE OF GRADING PERMITS
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
10
Planning Department
44. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
45. The recommendations contained in soils report(s), geotechnical report, and slope stability
report shall be implemented.
46. Both Federal Clean Water Sections 404 and 401 permits and a 1602 Streambed Alteration
Agreement are required. Copies of all required permits shall be provided to the City priorto
the start of construction and comply fully with all of the terms and conditions of those permits
and agreement.
47. Impacts to jurisdictional areas will be mitigated at least a 1:1 ratio through off-site creation or
purchase of wetland credits within an approved wetland mitigation bank.
48. Impacts to upland habitats and associated species will be addressed through participation in
the MSHCP and payment of the MSHCP Local Development Mitigation fees. The project is
located within the Riverside County Stephens' kangaroo rat HCP Fee Assessment Area fee
area.
49. A pre-construction burrowing owl survey is required 30 days prior to commencement of
construction. If any burrowing owl is found on site, the CDFG shall be consulted, and a
passive relocation effort shall be undertaken outside of the nesting season. No disturbance
of active nests will occur.
50. A qualified biologist shall determine if any active raptor nests occur within the limits of
disturbance prior to commencement of grubbing, clearing, or grading activities.
51. No brushing, clearing, or grading shall occur within 500 feet of occupied tree-nesting raptor
habitat during the raptor breeding season (typically December to July).
52. In order to ensure MBTA compliance, clearing of native vegetation shall occur outside the
breeding season of most avian species (February 1 through September 15) unless a pre-
construction nesting bird survey determines that no nesting birds are present. The City of
Temecula would need to approve activities after concurrence is received from the wildlife
agencies.
53. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
11
54. The project proponent shall enter into a Treatment Agreement with the Pechanga Band of
Luiseiio Indians. This agreement will address the treatment and disposition of cultural
resources and human remains that may be uncovered during construction as well as
provisions for tribal monitors.
55. Tribal monitors from the Pechanga Band of Luiseiio Indians shall be allowed to monitor all
grading, excavation and ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal monitors shall have the
authority to temporarily stop and redirect grading activities to evaluate the significance of any
archaeological resources discovered on the property, in conjunction with the archeologist
and the Lead Agency.
56. A qualified archaeologist monitor shall be present during all earthmoving activities. The
monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of
the find until it can be evaluated by the project archaeologist in conjunction with the
Pechanga Tribe. In the event of a new find, further testing, excavation, and/or reporting may
be required.
57. If cultural resources are discovered during the project construction (inadvertent discoveries),
all work in the area of the find shall cease, and a qualified archaeologist and representatives
of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and
make recommendations as to treatment and mitigation.
58. If human remains are encountered, all activity shall cease and the County Coroner must be
notified immediately. State Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a determination of the origin and
until treatment pursuant to Public Resources Code Section 5097.98 has been decided. The
Coroner shall determine if the remains are prehistoric, and shall notify the State Native
American Heritage Commission (NAHC) if applicable. Further actions shall be determined
pursuant to California Public Resources Code Section 5097.98.
59. The landowner shall agree to relinquish ownership of all cultural resources, including all
Luiseiio sacred items, burial goods and all archeological artifacts that are found on the
project site to the Pechanga Band of Luiseiio Indians for proper treatment and disposition.
eC'. .'\11 E:asrea E:iteE: 'I\':~~:~ ~~:> I3rejest area are te ee aveiaea ana I3reE:ervea. (Deleted at the
September 5,2007 Planning Commission)
61. Cultural Resources Sensitivity Training (a 15-minute presentation) should be required for all
project personnel.
62. All impacts to the sandstone and fanglomerate members of the Pauba Formation should be
monitored full time at the beginning of grading. A trained paleontological monitor shall be
present during ground disturbing activities within the project area determined likely to contain
paleontological resources. Monitoring will be adjusted to spot checking if initial monitoring
shows negative results.
63. Upon encountering any significant fossils, salvage of all fossils in the area will be conducted
with additional field staff and in accordance with modern paleontological techniques.
64. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
12
of storage. Itemized catalogs of all material collected and identified shall be provided to the
museum repository along with the specimens.
65. A report documenting the results of the monitoring and any salvage activities and the
significance of the fossils shall be prepared.
66. Any significant fossils recovered, along with the itemized inventory of the specimens, shall
be deposited in a museum repository for permanent curation and storage.
Public Works Department
67. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
e. Riverside County Health Department
f. Community Services District
g. General Telephone
h. Southern California Edison Company
i. Southern California Gas Company
68. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
69. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address all
soils conditions of the site, and provide recommendations for the construction of engineered
structures, cut and fill slopes and preliminary pavement sections.
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
13
70. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults, slope stability and potential for liquefaction. The report shall
include recommendations to mitigate the impact of ground shaking and liquefaction.
a. Based on geologic relationships and observations, the site lacks evidence to support
the existence/presence of Holocene faulting (i.e. broken soil horizon or shear
planes). The building site area is not traversed by an active fault that would affect
the stability of the cut slope proposed or the building structure. A certified
engineering geologist shall perform regular field reconnaissance during site
earthwork construction. This field mapping is intended to further evaluate site
conditions and limit the possibility that adverse conditions will be exposed that could
affect site stability.
71. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of the
site. It shall identify all existing or proposed off-site or on-site, public or private, drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
capable of receiving the storm water runoff without damage to public or private property.
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
72. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
73. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
74. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
75. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee.
If the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid. Provide receipt of paid Area Drainage Plan fees
from the County.
76. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
14
77. The Developer shall obtain letters of approval or easements for any off-site work performed
on adjoining properties. The letters or easements shall be in a format as directed by the
Department of Public Works.
Fire Prevention Bureau
78. As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on-site fire hydrants are required (CFC 903.2).
79. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be forty-five (45) feet (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020).
80. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 lbs. GVW (CFC 8704.2 and 902.2.2.2).
81. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches (CFC 902.2.2.1).
82. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC
902.2.2.6 Ord. 99-14)
83. Prior to building construction, dead end roadways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
84. Prior to building construction, this development shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau (CFC 902.2.1).
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
15
PRIOR TO ISSUANCE OF BUILDING PERMITS
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
16
Planning Department
85. The applicant shall file and receive approval of a Development Plan for all future
development within the subject parcels.
86. Landscape plans shall be prepared for all slopes created by the grading and fill of the site
consistent with "Slope Planting Guidelines" and the Development Code, and shall provide
erosion control on undeveloped portions of the site.
87. Landscape plans for Parcel 4 shall include the off-site slopes created by the development of
Parcel 4 (including but not limited to the slopes proposed within Parcel 2 and the detention
basin proposed within Parcel 1). All landscaping shall be installed and maintained in
satisfactory condition by the property owner.
Public Works Department
88. Final Map 35181 shall be approved and recorded.
89. A Precise Grading Plan shall be submitted to the Department of Public Works for review and
approval. The building pad shall be certified by a registered Civil Engineer for location and
elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction
and site conditions.
90. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading permit, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan.
91. A paved emergency vehicle access shall be installed to the satisfaction of the City Engineer
and the Fire Marshall.
92. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
93. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08.
Fire Prevention Bureau
94. The developer shall furnish three copies of the water system plans directly to the Fire
Prevention Bureau for approval prior to installation. Plans shall be signed by a registered
civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to
hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations are
required for fire flow with the submittal. Once the plans have been approved by the fire
department the plans get picked up from the fire department, mylars are made and they are
then signed by the local water company, the mylars shall be presented to the Fire Prevention
Bureau for final signatures. After all the signatures are obtained a bond copy shall be
submitted back to the fire department. Once the fire department received this final copy the
permit job card will be released. The permit job card indicates all the inspections that are
required by the fire department. The required water system including fire hydrants shall be
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
17
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire
Protection Association 241-4.1).
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
18
95. All locations where structures are to be built shall have approved Fire Department vehicle
access roads to within 150 feet to any portion of the facility or any portion of an exterior wall
of the building(s). Fire Department access roads shall be an all weather surface designed
for 80,000 lbs. GVW with a minimum AC thickness of .25 feet (CFC sec 902).
96. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau.
97. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets
of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau.
98. Fuel modification plans shall be submitted to the Fire Prevention Bureau for review and
approval for all open space areas adjacent to the wildland-vegetation interface (CFC
Appendix II-A)
99. A full technical report may be required to be submitted and to the Fire Prevention Bureau.
This report shall address, but not be limited to, all fire and life safety measures per 1998
CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C.
Community Service Department
100. The developer shall complete the TCSD application process, submit an approved Edison
Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting
into the TCSD maintenance program.
101. The developer shall make arrangements with the franchised hauler to dispose of the
construction debris.
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
19
PRIOR TO ISSUANCE OF OCCUPANCY PERMITS
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
20
Planning Department
102. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Fire Prevention Bureau
103. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
104. Approved numbers or addresses shall be provided on all new and existing buildings in such
a position as to be plainly visible and legible from the street or road fronting the property.
Numbers shall be of a contrasting color to their background. Commercial and industrial
buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum
of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or
numbers on both the front and rear doors (CFC 901.4.4).
105. Based on square footage and type of construction, occupancy or use, the developer shall
install a fire sprinkler system (CFC Article 10, CBC Chapter 9).
106. Based on a requirement for monitoring the sprinkler system, occupancy or use, the
developer shall install an fire alarm system monitored by an approved Underwriters
Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation (CFC Article 10).
107. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in
height and be located to the right side of the main entrance door (CFC 902.4).
108. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel (CFC 902.4).
109. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
110. Buildings housing high-piled combustible stock shall comply with the provisions of Uniform
Fire Code Article 81 and all applicable National Fire Protection Association standards. The
storage of high-piled combustible stock may require structural design considerations or
modifications to the building. Fire protection and life safety features may include some or all
of the following: an automatic fire sprinkler system(s) designed for a specific commodity
class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads (CFC Article 81).
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
21
111. Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions California Fire Code Article 81 and all applicable
National Fire Protection Association standards (CFC Article 81).
112. The developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other hazardous
materials from both the County Health department and Fire Prevention Bureau (CFC 7901.3
and 8001.3).
113. A simple plot plan and a simple floor plan, each as an electronic file of the DWG format must
be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable,
contact fire prevention for approval.
114. The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the City; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports (CFC Appendix II-E)
115. If there are changes to underlying maps then prior to map recordation the applicant shall
submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County
standards) digital version of the map including parcel and street centerline information. The
electronic file will be provided in a ESRI Arclnfo/ArcView compatib/eformat and projected in
a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the
data as to completeness, accuracy and format prior to satisfaction of this condition.
116. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per
the Fire Code and is subject to inspection (CFC 105).
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
22
OUTSIDE AGENCIES
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
23
117. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated December 27, 2006, a copy of which is attached.
118. The applicant shall comply with the recommendations set forth in the Eastern Information
Center's transmittal dated December 19, 2006, a copy of which is attached.
119. The applicant shall comply with the recommendations set forth in the Pechanga Cultural
Resources comment letter dated December 22, 2006, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
C\ WI N DOWS\apsdoc\nettemp\5656\$ASQpdf857679 .doc
24
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0369 and PA07-0090
Project Description: A Development Plan application to construct a three
story, 608,934 square foot industrial distribution building
for office and warehouse use, a 400 square foot pump
house on 32 acres (Parcel 4 of TTM 35181), and a Minor
Exception to allow for a one percent building height
increase from 50' to 50'8", located on the northwest
corner of Dendy Parkway and Winchester Road
Assessor's Parcel No. 909-370-018; 909-370-032
MSHCP Category: Per Development Agreement
DIF Category:
Per Development Agreement
TUMF Category:
Per Development Agreement
Approval Date:
Sel3temecr 'i', 200-1- Per Development Agreement
(Amended at the September 5, 2007 Planning
Commission)
Expiration Date:
Sel3temeer 5, 2009 Per Development Agreement
(Amended at the September 5, 2007 Planning
Commission)
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of One Thousand Eight
Hundred and Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight
Hundred Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus
the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice
of Determination for the Mitigated Negative Declaration required under Public Resources
Code Section 21152 and California Code of Regulations Section 15075. If within said 48-
hour period the applicant/developer has not delivered to the Planning Department the check
as required above, the approval for the project granted shall be void by reason of failure of
condition [Fish and Game Code Section 711.4(c)].
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
GENERAL REQUIREMENTS
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
2
Planning Department
2. The applicant shall sign both copies of the final Conditions of Approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
3. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
4. The permittee shall obtain City approval for any modifications or revisions to the approval of
this project.
5. This approval shall be used within two years of the approval date; otherwise, it shall become
null and void. By use is meant the beginning of substantial construction contemplated by
this approval within the two-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this approval.
6. The Director of Planning may, upon an application being filed within 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one-year extensions of
time, one year at a time.
7. A separate building permit shall be required for all signage. (Sign program may be
required).
8. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
9. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be deemed
satisfied by staffs prior approval of the use or utilization of an item, material, equipment,
finish or technique that City staff determines to be the substantial equivalent of that required
by the Conditions of Approval. Staff may elect to reject the request to substitute, in which
case the real party in interest may appeal, after payment of the regular cost of an appeal, the
decision to the Planning Commission for its decision.
Material Color
Concrete Tilt-up Panels
ICI 632 Sutton Place
ICI 815 Natural White
ICI 606 Song Sparrow
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
3
Parapet
Glazing
ICI 815 Natural White
y." Gray
1 O. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner to
bring the landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
11. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department
inspection, prior to commencing painting of the building.
12. The applicant shall submit to the Planning Department for permanent filing two 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
Public Works Department
14. A Grading Permit for either rough and/or precise grading, including all on-site flat work and
improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way.
15. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
16. All improvement plans and grading plans shall be coordinated for consistency with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24" x 36" City of Temecula mylars.
17. The project shall include construction-phase pollution prevention controls and permanent
post-construction water quality protection measures into the design of the project to prevent
non-permitted runoff from discharging offsite or entering any storm drain system or receiving
water.
18. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and treatment
mechanisms.
19. The provisions for the design, improvement, lot configuration, public facility financing and the
following Conditions of Approval are predicated on the approval and full execution of a
Development Agreement between Temecula Properties, LLC and the City on or about
September 25, 2007.
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
4
Building and Safety Department
20. The code analysis shall be printed on the plans along with the letter from the Director of
Building and Safety, dated September 12, 2006.
21. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
22. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on
March 31,2003, this project will be subject to payment of these fees at the time of building
permit issuance. The fees, if applicable to the project, shall be subject to the provisions of
Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance.
23. Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor
ligting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
24. A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building and Safety Department to ensure the payment or exemption from School
Mitigation Fees.
25. Obtain all building plans and permit approvals prior to commencement of any construction
work.
26. Show all building setbacks.
27. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical
meter to provide power for the operation of exterior lighting, irrigation pedestals and fire
alarm systems for each building on the site. Developments with Single User Buildings shall
clearly show on the plans the location of a dedicated panel in place for the purpose of the
operation of exterior lighting and fire alarm systems when a house meter is not specifically
proposed.
28. Provide an approved automatic fire sprinkler system.
29. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans (California Disabled Access Regulations effective April 1 , 1998).
30. Provide disabled access from the public way to the main entrance of the building.
31. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
32. Obtain street addressing for all proposed buildings prior to submittal for plan review.
33. Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21,
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
5
specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday
Saturday
6:30 a.m. - 6:30 p.m.
7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
34. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
35. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
36. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
37. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
38. Please be advised of the shell building/complete building policy in the City of Temecula
when preparing plans for submittals. It is our recommendation that buildings with a known
tenant or occupant be submitted as a complete building.
39. Buildings shall provide a house electrical meter to provide for operation of exterior lighting,
irrigation pedestals, and fire alarm systems for each building on the site.
40. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Prevention Bureau
41. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
42. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 4,000 GPM at
20 PSI residual operating pressure for a 4-hour duration. The Fire Flow as given above has
taken into account all information as provided (CFC 903.2, Appendix III-A)
43. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to public
streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be
located no more than 210 feet from any point on the street or Fire Department access
road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system (CFC 903.2,903.4.2, and Appendix III-B).
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
6
44. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2.2).
Community Services Department
45. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
46. The Applicant shall comply with the Public Art Ordinance.
47. All parkways, entry way median, landscaping, walls, fencing and on site lighting shall be
maintained by the property owner or maintenance association.
48. The developer shall contact the City's franchised solid waste hauler to verify Trash
compactor specifications and servicing requirements priorto purchase and installation of any
equipment.
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
7
PRIOR TO ISSUANCE OF GRADING PERMITS
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
8
Planning Department
49. Provide the Planning Department with a copy of the underground water plans and electrical
plans for verification of proper placement of transformer(s) and double detector check prior
to final agreement with the utility companies.
50. Double detector check valves shall be either installed underground or internal to the project
site at locations not visible from the public right-of-way, subjectto review and approval by the
Director of Planning.
51. The recommendations contained in soils report(s), geotechnical report, and slope stability
report shall be implemented.
52. The Applicant shall submit to the Public Works Department an erosion control plan prepared
in accordance with City requirements.
53. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
54. The project proponent shall enter into a Treatment Agreement with the Pechanga Band of
Luiseiio Indians. This agreement will address the treatment and disposition of cultural
resources and human remains that may be uncovered during construction as well as
provisions for tribal monitors.
55. Tribal monitors from the Pechanga Band of Luiseiio Indians shall be allowed to monitor all
grading, excavation and ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal monitors shall have the
authority to temporarily stop and redirect grading activities to evaluate the significance of any
archaeological resources discovered on the property, in conjunction with the archeologist
and the Lead Agency.
56. A qualified archaeologist monitor shall be present during all earthmoving activities. The
monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of
the find until it can be evaluated by the project archaeologist in conjunction with the
Pechanga Tribe. In the event of a new find, further testing, excavation, and/or reporting may
be required.
57. If cultural resources are discovered during the project construction (inadvertent discoveries),
all work in the area of the find shall cease, and a qualified archaeologist and representatives
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
9
of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and
make recommendations as to treatment and mitigation.
58. If human remains are encountered, all activity shall cease and the County Coroner must be
notified immediately. State Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a determination of the origin and
until treatment pursuant to Public Resources Code Section 5097.98 has been decided. The
Coroner shall determine if the remains are prehistoric, and shall notify the State Native
American Heritage Commission (NAHC) if applicable. Further actions shall be determined
pursuant to California Public Resources Code Section 5097.98.
59. The landowner shall agree to relinquish ownership of all cultural resources, including all
Luiseiio sacred items, burial goods and all archeological artifacts that are found on the
project site to the Pechanga Band of Luiseiio Indians for proper treatment and disposition.
60. All E:asrea E:iteE: within the I3rejest area are te ee aveiaea ana I3reE:ervea. (Deleted at the
September 5,2007 Planning Commission)
61. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning
Application PA06-0370 shall be preserved in Open Space and recorded with the County
Recorder of Riverside County as a conservation easement for preservation purposed in
perpetuity. The %-acre of CA-RIV 237 shall not be subject to development, archeological
testing or ground-disturbing activities.
62. Cultural Resources Sensitivity Training (a 15-minute presentation) should be required for all
project personnel.
63. All impacts to the sandstone and fanglomerate members of the Pauba Formation should be
monitored full time at the beginning of grading. A trained paleontological monitor shall be
present during ground disturbing activities within the project area determined likely to contain
paleontological resources. Monitoring will be adjusted to spot checking if initial monitoring
shows negative results.
64. Upon encountering any significant fossils, salvage of all fossils in the area will be conducted
with additional field staff and in accordance with modern paleontological techniques.
65. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost
of storage. Itemized catalogs of all material collected and identified shall be provided to the
museum repository along with the specimens.
66. A report documenting the results of the monitoring and any salvage activities and the
significance of the fossils shall be prepared.
67. Any significant fossils recovered, along with the itemized inventory of the specimens, shall
be deposited in a museum repository for permanent curation and storage.
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
10
Public Works Department
68. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private property.
69. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
70. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
71. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults, slope stability and potential for liquefaction. The report shall
include recommendations to mitigate the impact of ground shaking and liquefaction.
a. Based on geologic relationships and observations, the site lacks evidence to support
the existence/presence of Holocene faulting (i.e. broken soil horizon or shear
planes). The building site area is not traversed by an active fault that would affect
the stability of the cut slope proposed or the building structure. A certified
engineering geologist shall perform regular field reconnaissance during site
earthwork construction. This field mapping is intended to further evaluate site
conditions and limit the possibility that adverse conditions will be exposed that could
affect site stability.
72. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site and
upstream of this site. The study shall identify all existing or proposed public or private
drainage facilities intended to discharge this runoff. The study shall also analyze and identify
impacts to downstream properties and provide specific recommendations to protect the
properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities,
including acquisition of drainage or access easements necessary to make required
improvements, shall be provided by the Developer.
73. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
74. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
11
75. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
76. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet (ECS) recorded with any underlying maps related to the subject property.
77. Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
78. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
79. The Developer shall obtain any necessary letters of approval or slope easements for off-site
work performed on adjacent properties as directed by the Department of Public Works.
80. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee.
If the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
Fire Prevention Bureau
81. As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required (CFC 903.2).
82. Minimum outside turning shall be forty-five (45) feet for commercial buildings.
83. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 lbs. GVW (CFC 8704.2 and 902.2.2.2).
84. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches (CFC 902.2.2.1).
85. The gradient for a fire apparatus access road shall not exceed fifteen (15) percent (CFC
902.2.2.6 Ord. 99-14).
86. Prior to building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
12
87. Prior to building construction, this development shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau (CFC 902.2.1).
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
13
PRIOR TO ISSUANCE OF BUILDING PERMIT
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
14
Planning Department
88. The applicant shall submit a photometric plan, including the parking lot to the Planning
Department, which meets the requirements of the Development Code and the Palomar
Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not
adversely impact the growth potential of the parking lot trees.
89. Lighting within the proposed project adjacent to preserved habitat shall be of the lowest
illumination allowed for human safety and selectively placed, shielded, and directed away
from preserved habitat.
90. All downspouts shall be internalized on the office portion of the building. All downspouts for
the warehouse/distribution portion of the building shall be painted the same color as the
exterior of the building.
91. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location, number,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
b. Provide a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
c. A note on the plans stating that "Two landscape inspections are required: one
inspection is required for irrigation lines and a separate inspection is required for
final planting inspection."
d. A note on the plans stating that "The contractor shall provide two copies of an
agronomic soils report at the first irrigation inspection."
e. One copy of the approved grading plan.
f. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
g. Total cost estimate of plantings and irrigation (in accordance with approved plan).
h. The locations of all existing trees that will be saved consistent with the tentative map.
i. A landscape maintenance program shall be submitted for approval, which details the
proper maintenance of all proposed plant materials to assure proper growth and
landscape development for the long-term esthetics of the property. The approved
maintenance program shall be provided to the landscape maintenance contractor
who shall be responsible to carry out the detailed program.
j. Specifications shall indicate that a minimum of two landscape site inspections will be
required. One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two (2) hours without loss of
pressure. The second inspection will verify that all irrigation systems have head-to-
head coverage, and to verify that all plantings have been installed consistent with the
approved construction landscape plans. The applicant/owner shall contact the
Planning Department to schedule inspections.
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
15
92. Plants selected for slope landscaping shall be light-weight, deep rooted type vegetations that
require little water and are capable of surviving with little irrigation.
93. Landscape plans shall be prepared for all slopes created by the grading and fill of the site
consistent with "Slope Planting Guidelines" and the Development Code, and shall provide
erosion control on undeveloped portions of the site.
94. Landscape plans for Parcel 4 shall include the off-site slopes created by the development of
Parcel 4 (including but not limited to the slopes proposed within Parcel 2 and the detention
basin proposed within Parcel 1). All landscaping shall be installed and maintained in
satisfactory condition by the property owner.
95. If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project (including but not limited
to walls and parking areas).
96. All utilities shall be screened from public view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a three foot clear zone
around fire check detectors as required by the Fire Department before starting the screen.
Group utilities together in order to reduce intrusion. Screening of utilities is not to look like
an after-thought. Plan planting beds and design around utilities. Locate all light poles on
plans and insure that there are no conflicts with trees.
97. All rooftop mechanical equipment shall be screened, or the views minimized, from all
existing and future public right-of-ways.
98. Building Construction Plans shall include detailed outdoor areas (including but not limited to
trellises, decorative furniture, fountains, and hardscape) to match the style of the building
subject to the approval of the Planning Director.
99. Building plans shall indicate that all roof hatches shall be painted "International Orange."
100. The construction plans shall indicate the application of painted rooftop addressing plotted on
a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals
shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied
over a contrasting background. The address shall be oriented to the street and placed as
closely as possible to the edge of the building closest to the street.
Public Works Department
101. Improvement plans and/or precise grading plans shall conform to applicable City of
Temecula Standards subject to approval by the Director of the Department of Public Works.
The following design criteria shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
b. Driveways shall conform to the applicable City of Temecula Standard No. 207A.
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400. 401 and 402.
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
16
e. Improvement plans shall extend 300 feet beyond the project boundaries.
f. Minimum centerline radii shall be in accordance with City of Temecula's Standard
NO.113.
g. All street and driveway centerline intersections shall be at 90 degrees.
h. Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top of curb and flowline grades.
i. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
102. The Developer shall construct the following public improvements to City of Temecula
General Plan standards unless otherwise noted. Plans shall be reviewed and approved by
the Director of the Department of Public Works:
a. Winchester Road (Major Arterial Standards - 100' R/W) between Dendy Parkway
and the southern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
b. Dendy Parkway (Major Arterial Standards - 100' R/W) between Winchester Road
and the eastern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
c. Remington Avenue (Industrial Collector Highway Standards - 78' R/W) to include
dedication of full width street right-of-way, installation of full width street
improvements, curb and gutter, sidewalk, painted median, street lights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
d. Remington Avenue and Winchester Road intersection to include a stop control on
the eastbound leg of Remington Avenue for an all-way stop controlled intersection
and a striped 200-foot northbound left turn pocket. In addition, secure with a cash
deposit to include a year 2009 traffic analysis to determine traffic signal warrants and
a fair share contribution for the design and installation of a traffic signal.
e. Cherry Street (Major Arterial- 100' R/W)
i. Dedication of half-width street right-of-way
103. All street improvement design shall provide adequate right-of-way and pavement transitions
per Caltrans' standards for transition to existing street sections.
104. The Developer shall construct the following public improvements in conformance with
applicable City Standards and subject to approval by the Director of the Department of
Public Works.
a. Street improvements, which may include, but not limited to: pavement, curb and
gutter, medians, sidewalks, drive approaches, street lights, signing and striping.
b. Storm drain facilities.
c. Sewer and domestic water systems.
d. Under grounding of proposed utility distribution lines.
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
17
105. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works.
106. All access rights, easements for sidewalks for public uses shall be submitted and reviewed
by the Director of the Department of Public Works and City Attorney and approved by City
Council for dedication to the City where sidewalks meander through private property.
107. The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
108. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
109. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08.
Building and Safety Department
110. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
Fire Prevention Bueau
111. The developer shall furnish three copies of the water system plans directly to the Fire
Prevention Bureau for approval prior to installation. Plans shall be signed by a registered
civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to
hydrant type, location, spacing and minimum fire flow standards. After the plans are signed
by the local water company, the originals shall be presented to the Fire Prevention Bureau
for signatures. The required water system including fire hydrants shall be installed and
accepted by the appropriate water agency prior to any combustible building materials being
placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire Protection Association
241-4.1).
112. All locations where structures are to be built shall have approved Fire Department vehicle
access roads to within 150 feet to any portion of the facility or any portion of an exterior wall
of the building(s). Fire Department access roads shall be an all weather surface designed
for 80,000 lbs. GVW with a minimum AC thickness of .25 feet (CFC sec 902).
113. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau.
114. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. The alarm
system requires a dedicated circuit from the house panel. Three sets of alarm plans must be
submitted by the installing contractor to the Fire Prevention Bureau.
115. Fuel modification plans shall be submitted to the Fire Prevention Bureau for review and
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
18
approval for all open space areas adjacent to the wildland-vegetation interface (CFC
Appendix II-A)
116. Plans for structural protection from vegetation fires shall be submitted to the Fire Prevention
Bureau for review and approval. The measures shall include, but are not limited to,
enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification
zones (CFC Appendix II-A)
Community Services Department
117. The developer shall complete the TCSD application process, submit an approved Edison
Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting
into the TCSD maintenance program.
118. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
19
PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
20
Planning Department
119. If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project.
120. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall be required to screen all loading areas and roof mounted mechanical equipment from
view of the adjacent residences and public right-of-ways. If upon final inspection it is
determined that any mechanical equipment, roof equipment or backs of building parapet
walls are visible from any portion of the public right-of-way adjacent to the project site, the
developer shall provide screening by constructing a sloping tile covered mansard roof
element or other screening if reviewed and approved by the Director of Planning.
121. All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
122. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department for a period of Gfle
two year from final certificate of occupancy. After that year, if the landscaping and irrigation
system have been maintained in a condition satisfactory to the Director of Planning, the
bond shall be released upon request by the applicant. (Amended at the September 5,2007
Planning Commission)
123. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height of 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating
the following:
"Unauthorized vehicles parked in designated accessible spaces not
displaying distinguishing placards or license plates issued for persons with
disabilities may be towed away at owner's expense. Towed vehicles may be
reclaimed by telephoning (951) 696-3000."
124. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
three square feet in size.
125. All site improvements including but not limited to parking areas and striping shall be installed
prior to occupancy or any use allowed by this permit.
126. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
21
Public Works Department
127. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation.
128. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
129. All public improvements, including traffic signals, shall be constructed and completed per the
approved plans and City standards to the satisfaction of the Director of the Department of
Public Works.
130. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention Bureau
131. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
132. Approved numbers or addresses shall be provided on all new and existing buildings in such
a position as to be plainly visible and legible from the street or road fronting the property.
Numbers shall be of a contrasting color to their background. Commercial shall have a
minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size.
All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front
and rear doors (CFC 901.4.4).
133. Based on square footage and type of construction, occupancy or use, the developer shall
install a fire sprinkler system (CFC Article 10, CBC Chapter 9).
134. Based on a requirement for monitoring the sprinkler system, occupancy or use, the
developer shall install an fire alarm system monitored by an approved Underwriters
Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation (CFC Article 10).
135. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in
height and be located to the right side of the main entrance door (CFC 902.4).
136. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel (CFC 902.4).
137. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
22
138. Buildings housing high-piled combustible stock shall comply with the provisions of Uniform
Fire Code Article 81 and all applicable National Fire Protection Association standards. The
storage of high-piled combustible stock may require structural design considerations or
modifications to the building. Fire protection and life safety features may include some or all
of the following: an automatic fire sprinkler system(s) designed for a specific commodity
class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads (CFC Article 81).
139. Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions California Fire Code Article 81 and all applicable
National Fire Protection Association standards (CFC Article 81).
140. The developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other hazardous
materials from both the County Health department and Fire Prevention Bureau (CFC 7901.3
and 8001.3).
141. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format
must be submitted to the Fire Prevention Bureau. Alternative file formats may be
acceptable, contact Fire Prevention for approval.
142. The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the City; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports (CFC Appendix II-E)
143. If there are changes to underlying maps then prior to map recordation the applicant shall
submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County
standards) digital version of the map including parcel and street centerline information. The
electronic file will be provided in a ESRI Arclnfo/ArcView compatib/eformat and projected in
a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the
data as to completeness, accuracy and format prior to satisfaction of this condition.
144. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per
the Fire Code and is subject to inspection (CFC 105).
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
23
OUTSIDE AGENCIES
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
24
145. The applicant shall comply with the recommendations set forth in the Department of
Environmental Health transmittal dated January 17, 2007, a copy of which is attached.
146. The applicant shall comply with the recommendation set forth in the Rancho Water District's
transmittal dated December 27, 2006, a copy of which is attached.
147. The applicant shall comply with the recommendations set forth in the Eastern Information
Center's transmittal dated December 19, 2006, a copy of which is attached.
148. The applicant shall comply with the recommendations set forth in the Pechanga Cultural
Resources comment letter dated December 22, 2006, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these Conditions of Approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
C\ WI N DOWS\apsdoc\nettemp\4532\$ASQpdf857680 .doc
25
DATE OF MEETING:
PREPARED BY:
PROJECT
DESCRIPTION:
RECOMMENDATION:
CEQA:
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
ORIGINAL
September 5. 2007
Dana Schuma
Associate Planner
TITLE:
Planning Application Nos. PA07-0220, a Development
Agreement; PA07-0048, a General Plan Amendment; PA06-
0370, a Tentative Tract Map (TTM 35181), PA06-0369 a
Development Plan; and PA07-0090 a Minor Exception for a
608,934 square foot industrial distribution building on 32
acres, and for the future development of the remaining 52
acres to include industrial, commercial, retail, high-density
residential, and/or public institutional facility land uses
[gJ Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
o Recommend Approval with Conditions
o Recornmend Denial
o Categorically Exempt
(Section)
(Class)
o Notice of Determination (Section)
o Negative Declaration
[gJ Mitigated Negative Declaration with Monitoring Plan
DEIR
G:IPlanningI2006\PA06-0370 PHS Tentative Map (TTM35181 )IPlanninglPCIPC STAFF REPORT.doc
PROJECT DATA SUMMARY
Name of Applicant: Temecula Properties, LLC (The Garrett Group and PHS)
Date of Acceptance: December 12,2006
Mandatory Action Deadline Date: September 5, 2007
General Plan Designation: Industrial Park (IP)
Zoning Designation: Liqht Industrial (L1)
Site/Surrounding Land Use:
Site: Vacant
North:
South:
East:
West:
Vacant
Industrial Development
Industrial Development
Vacant
Lot Area:
84 acres
Total Floor Area/Ratio:
608,934 SF/0.43 FAR (Lot 4 ofTTM 35181)
Landscape Area/Coverage:
354,762 SF/25.35 percent coveraqe (Lot 4 of TTM 35181)
Parking Required/Provided:
801 parking spaces required/409 parking spaces provided
(Lot 4 of TTM 35181)
BACKGROUND SUMMARY
In August of 2006, the City of Temecula staff identified a number of incentives to encourage
Professional Hospital Supply (PHS) to expand its facilities within the community. PHS is
currently one of the largest employers in the City, and the retention and expansion of their
facilities is considered to be an important priority for the City Council. Between August 2006
and December 2006, City staff and the representatives of PHS and the Garrett Group, the
current property owner and developer, met regularly to forecast the project entitlement
process, and discuss environmental issues and site planning for the 84-acre site and lot
selected for the PHS expansion.
On September 18, 2006, the applicant filed an application for a Lot Line Adjustment (LLA) to
facilitate the future PHS development on a 32-acre portion of the 84-acre site. The LLA was
approved and recorded in December 2006. Applications for a Tentative Tract Map (TTM
35181) and a Development Plan were submitted on December 12, 2006. A DRC meeting was
held on January 4,2007, to discuss site design, landscaping, architecture, access points, right-
of-way easements, and other departmental issues. The applicant' submitted a revised
Tentative Tract Map and Development Plan on February 6, 2007. An application for a General
Plan Amendment was shortly submitted thereafter on February 8, 2007. A status letter
addressing several outstanding project items including additional Tentative Map comments
was sent to the applicant on March 6, 2007. The applicant submitted a Minor Exception for a
one percent building height increase on March 20, 2007.
G:IPlanningI2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT. doc
2
Weekly meetings continued with the representatives of the Garrett Group and PHS to discuss
concerns over environmental impacts and unresolved Tentative Map issues, including the
Western Bypass right-of-way easement, access points, fault zones, grading, slopes, etc. The
applicant submitted a third revised Tentative Map on April 6, 2007, a fourth revision on May 10,
2007, and a fifth revision on May 25, 2007. As staff continued to work with the applicants
between March and June to address the outstanding issues, several status letters were sent
documenting the remaining unresolved items before the project could be scheduled for
hearing. Final Development Plans consistent with the Tentative Tract Map were submitted on
June 14, 2007, and the plans addressed Planning staff recommendations. A final
environmental report (Jurisdictional Delineation) was submitted on June 27, 2007 which
enabled staff to move forward with the initial study for the project. Staff prepared and noticed
the Notice of Proposed Negative Declaration for comment on August 4, 2007.
Staff has worked with the applicant over the last year to ensure that all concerns have been
addressed, and the applicant concurs with the recommended Conditions of Approval; however,
the applicant still has some concerns over the proposed cultural mitigation and is currently
working with the Pechanga Tribe to amend the language to address their concerns.
ANALYSIS
Development Aareement
The purpose of the proposed Development Agreement is to guarantee the right of Professional
Hospital Supply (PHS) to expand their facility and establish the physical development
parameters that the expansion would bring to the community. The proposed Development
Agreement would guarantee PHS the ability to construct a corporate headquarters on 32 acres
of an 84-acre site generally located at the northwest corner of Dendy Parkway and Winchester
Road. The proposed Agreement will also authorize future industrial, commercial, retail, high
density residential, and/or public institutional facility uses on the remaining 52 acres
surrounding the PHS facility. A copy of the Development Agreement is included in this staff
report.
The proposed Development Agreement provides benefits for both parties, which includes a
high quality development on the subject property, certainty in the type of development to be
undertaken on the property, and the assurance of adequate public facilities to ensure the good
of the community. For the City, the proposed agreement serves to provide for employment
growth anticipated to result from development of the property, an increase in sales tax
revenues anticipated to result from development of the property, and the achievement of the
goals and directives of the General Plan. The following summarizes several proposed terms of
the agreement:
. Establish the term of the Development Agreement for ten consecutive years from the
date of a Certificate of Occupancy for the building to be constructed on the PHS site.
. Development of the property for industrial, commercial, retail, high-density residential
and public institutional facility uses in accordance with the specific matrix of permitted
uses in the agreement. Commercial and office facilities are anticipated to bring
employment and generate sales tax revenue.
. Establish vested rights to develop the property only upon sale or lease of the PHS
property.
. Provide for any multi-family residential uses on Parcel 1 located on the ~astern portion
G:IPlanningI2006IPA06-0370 PHS Tentative Map (TTM35181j1Pianning1PCIPC STAFF REPORT.doc
3
of the property to include an affordable housing component (20 percent of each phase
developed).
. Provide for a maximum Floor Area Ratio of 45 percent for the PHS property.
In addition to the Development Agreement, the project includes a DIF Deferral Agreement
which will authorize a fee wavier in the amount of $2,000,000 towards any City fees or costs.
General Plan Amendment
The purpose of the General Plan Amendment is to designate the 84 acres as a future Specific
Plan area. The future Specific Plan is anticipated to implement the City of Temecula General
Plan land use goals and policies by encouraging diverse, high-quality land uses and mixed use
development on the acreage surrounding the PHS site. By accommodating a diverse mix of
land uses the City can achieve a suitable inventory of housing for a range of income groups, a
viable commercial and employment base for residents, and high-quality urban lifestyles.
Designating the land as a future Specific Plan Area will still provide a guideline for future
maximum density and intensity of development, while encouraging mixed commercial, office,
and residential development in a key location west of 1-15 and adjacent to the future Western
Bypass corridor. The uses anticipated under the future Specific Plan will be analyzed for
General Plan consistency with the Specific Plan proposal.
Tentative Tract MaD No. 35181
The project proposes to subdivide approximately 84 acres into five lots, four developable
parcels and one easement parcel for slope and drainage purposes. The property is zoned
Light. Industrial. The development standards for LI found in Section 17.06.040 of the
Development Code require that lots within this zone have a minimum lot size of 40,000 square
feet. The average lot size will be approximately 15 acres. Lots 1 and 2 will be approximately
15 acres each, Lot 3 will be approximately 5 acres, Lot 4 will be 32 acres, and Lot 5 will be
approximately 17 acres. A future Specific Plan will define the anticipated land uses and
development standards for three of the four developable parcels. The future Specific Plan,
consistent with the Development Agreement, will accommodate for future industrial,
commercial, retail, high-density residential, and/or public institutional facility land uses on the
three parcels totaling approximately 35 acres. A Development Plan (PA06-0369) for Parcel 4
proposes a new industrial medical distribution facility for Professional Hospital Supply (PHS)
Corporation.
DeveloDment Plan
The Development Plan for Parcel 4 will allow PHS to expand their operations onto this site
from another location in the City. The proposed plan provides for a development of up to
608,934 square feet of building area on a 32 acre parcel. The project will consist of a three-
story industrial building for office, warehouse/distribution use, and a 400 square foot pump
house. The maximum building height allowed in the Light Industrial (L1) zone is 50 feet. The
warehouse portion of the building will be 42 feet in height, and the 82,476 square foot
office/entrance portion along the eastern side will be 50'8" in to accommodate for adequate
ceiling heights on the interior as well as adequate rooftop equipment screening with a
decorative exterior cornice. Additionally, the project proposes an increased floor area ratio
(FAR). The target FAR is 40 percent and the project proposes a floor area ratio (FAR) of 0.44
percent, not to exceed 45 percent per the proposed Development Agreement. The
G:\Planning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
4
Development Code does allow for projects to exceed the target FAR when the project provides
for outstanding and exceptional employment, fiscal, social, and economical benefits to the City
and community (Development Code Section 17.08.050). The project as designed conforms to
all the development regulations listed in the City's Development Code, including building
setbacks and lot coverage. The building's FAR and height are in excess of the Development
Code requirements, but the applicant has applied for a Minor Exception to allow for the
increases.
Access, Circulation, and Parking
The PHS project site will have two access points from the street. Primary access to the
proposed development will be provided via an entrance off of Dendy Parkway, with secondary
access provided via an entrance off of a proposed extension of Remington Avenue. The
parking lot provides adequate circulation for distribution trucks and vehicles anticipated to
utilize the site. The majority of distribution operations will take place at the rear of the site,
screened from the main building entrance and common pedestrian traffic. The Fire
Department has reviewed the site plan and determined that there is proper access and
circulation to provide emergency service vehicles to the site. The Public Works Department
has reviewed the site plan and has determined that the project, as conditioned, provides
adequate access points and right-of-way dedications. In addition, staff has analyzed the
potential traffic impacts of the project provided in the Traffic Impact Analysis Report prepared
by Urban Crossroads dated October 20, 2006, and has determined that with implementation of
the required improvements and fees as part of the Conditions of Approval the projected traffic
volumes for the site will be less than significant.
The City of Temecula requires parking be provided at a ratio of one space per 1,000 square
feet of warehouse and one space per 300 square feet of office. Parking to accommodate the
proposed development will be accomplished by 409 surface parking spaces (401 standard and
8 handicap accessible parking spaces). The City's parking ordinance does not address large
scale distribution facilities such as the proposed project; however, other jurisdictions in
southern California do. Based on City standards a total of 801 parking spaces are required for
the PHS project. The project will provide a total of 409 on site parking spaces. Based on
PHS's unique operations, in which warehouse/distribution activities run seven days a week/24
hours a day in three shifts with approximately 245 employees per shift, an alternate parking
plan has been implemented.. Recognizing that distribution facilities require above average
loading capacity and typically have lower employee counts, 409 parking spaces are adequate
for the facility size and use. The alternate parking plan is based upon the inverse relationship
between loading capacity for freight movement and employee parking requirements. If the use
on Parcel 4 were to change in the future, in which the required amount of warehouse storage
and loading areas were to decrease and employee parking needs were to increase, the site
can accommodate for an additional 392 automobile parking by re-stripping the loading areas.
Architecture
The proposed PHS building is consistent with the Development Code, Design Guidelines, and
compatible with other adjacent buildings. The proposed architecture includes smooth cDncrete
with decorative reveals. The applicant uses color variation in hues of grey and beige to break
up the building mass. A varying parapet height and decorative cornice along the roof of the
office portion help provide for visual interest along the long expansive walls of the warehouse.
Color and reveals on all sides of the building help to break up the expansive walls. The
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
5
building also includes an enhanced three-story image zone by emphasizing the entrance/office
portion of the building. A 170-foot wide protruding entrance lobby is provided complete with a
ten-foot recessed entryway, large expanses of windows, and a decorative steel canopy. The
design is further enhanced with deep vertical and horizontal reveals, decorative lighting, and
enhanced paving to complete the look of a high-quality industrial building that is both functional
and aesthetically pleasing.
Landscaping
The PHS landscape plan conforms to the landscape requirements of the Development Code
and Design Guidelines. Tree and shrub placement will serve to screen onsite parking, trash
enclosure areas, and effectively soften building elevations and retaining walls along
Winchester Road and Remington Avenue. The project proposes 12 different types of trees in
various sizes ranging from 15 gallon to 48-inch size box trees. The project also provides for an
outdoor employee break area, as well as decorative pedestrian friendly features including an
auto court at the front entrance. The employee break area will be complete with tables,
benches, decorative paving as well as trellis structures and canopy trees to provide shade.
The project proposes to landscape 354,762 square feet or 25 percent of the site, which
exceeds the minimum landscaping requirement of 20 percent for the Light Industrial (L1) zone.
In addition, an approximate 110 foot wide slope on Parcel 2 (approximately 4 acres) will be
landscaped as part of the development of Parcel 4 (See Condition of Approval No. 94).
Notice of the public hearing was published in the Californian on August 25, 2007 and mailed to
the property owners within the required 600-foot radius.
ENVIRONMENTAL DETERMINATION
Staff has reviewed the project in accordance with the California Environmental Quality Act
(CEQA) and, based on an Initial Study, determined the project will not have a significant impact
on the environment:
1. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial
Study of the potential environmental effects of the approval of the Development
Agreement, General Plan Amendment, Tentative Tract Map (TTM 35181),
Development Plan, and Minor Exception as described in the Initial Study ("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 Mitigated Negative Declaration was prepared.
2. Thereafter, City staff provided publiC notice of the public comment period and of the
intent to adopt the Mitigated Negative Declaration as required by law. The public
comment period commenced on August 4, 2007, and expired on September 3, 2007.
Copies of the documents have been available for public review and inspection at the
offices of the Department of Planning, located at City Hall, 43200 Business Park Drive,
Temecula, California 92590.
3. Three written comments were received prior to the public hearing and a response to all
the comments made therein was prepared, submitted to the Planning Commission and
incorporated into the administrative record of the proceedings.
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
6
4. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration prior to and at the
date public hearing, and based on the whole record before it finds that: (1) the
Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no
substantial evidence that the Project will have a significant effect on the environment;
and (3) the Mitigated Negative Declaration reflects the independent judgment and
analysis of the Planning Commission.
5. Based on the findings set forth in this Resolution, the Planning Commission hereby
adopts the Mitigated Negative Declaration prepared for this project.
CONCLUSION/RECOMMENDATION
Staff has determined that the proposed project, as conditioned and upon approval of the
Development Agreement, General Plan Amendment, and Minor Exception, is consistent with
the City's General Plan policies, Development Code, and all applicable ordinances, standards,
guidelines, and policies. Therefore, staff recommends approval of the Development
Agreement, General Plan Amendment, Tentative Tract Map, Development Plan, and Minor
Exception with the attached Conditions of Approval.
FINDINGS
Develooment Aareement
To recommend approval of the Development Agreement, the following findings must be made:
1. The Development Agreement is consistent with the objectives, policies, general land
uses, and programs specified in the City of Temecula General Plan in that the
Development Agreement makes reasonable provision for the use of certain real
property for industrial, commercial and residential development.
2. The Development Agreement complies with the goals and objectives of the Circulation
Element of the General Plan, and the traffic impacts of the development will be less
than significant or substantially mitigated by the mitigation measures and Conditions of
Approval imposed.
3. The project subject to the Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for the zoning district in which the property
subject to the Development Agreement is located, and that this Development
Agreement is consistent with good planning practices by providing for the opportunity to
develop the property consistent with the General Plan.
4. The Development Agreement is in conformity with the public convenience, general
welfare, and good land use practice because it makes reasonable provision for a
balance of land uses compatible with the remainder of the City.
5. The Development Agreement will not be detrimental to the health, safety, or general
welfare of the community because it provides adequate assurances for the protection
thereof.
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
7
6. The benefits that will accrue to the people of the City of Temecula from this legislation
and this Development Agreement are expansion of an important local employer that
could bring additional employment opportunities to local residents.
7. The potentially significant impacts to the environment from the project will be mitigated
to a less than significant level based upon the identified mitigation measures.
General Plan Amendment
1. The amendments are compatible with the health, safety and welfare of the community.
The proposed amendment to add a future Specific Plan area to Table LU-5 ofthe Land
Use Element meets the goals and policies of the General Plan, and is consistent with
the anticipated impacts of the Final Environmental Impact Report (EIR) for the General
Plan and the guidelines of the Development Code. Any future proposals for the
Specific Plan area will be subject to the City's General Plan, Development Code and
Design Guidelines to ensure the public health, safety and welfare of the community is
maintained as new developmentoccurs. .
2. The amendment is compatible with existing and surrounding uses.
The proposed amendment to add a future Specific Plan area to Table LU-5 of the Land
Use Element is compatible with the existing and surrounding uses because any future
proposals for the 84-acre site will be consistent with the goals and policies of the
General Plan and the content and processing requirements contained in the
Development Code. Therefore, the proposed amendment will be compatible with
existing and future uses in the surrounding area.
3. The amendments will not have an adverse effect on the community and are consistent
with the goals and policies of the adopted General Plan.
The proposed amendment will not conflict with the existing zoning or designated land
uses throughout the City. The proposed amendment will result in compatible future
development, which meets the recommended land use and circulation pattern,
maximum density and intensity of development, a desired mix of uses and other factors
consistent with the goals and policies of the General Plan.
Tentative Parcel MaD (16.09.1401
1. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, General Plan, and the City of Temecula
Municipal Code.
Tentative Tract Map No. 35181 is consistent with the General Plan, the Subdivision
Ordinance, the Development Code, and Municipal Code because the project has been
designed in a manner that is consistent with the policies and standards in the General
Plan, Subdivision Ordinance, Development Code, and Municipal Code.
G:'Planning\2006'PA06-0370 PHS Tentative Map (TTM35181)'PlanningIPCIPC STAFF REPORT.doc
8
2. The Tentative Map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, or the land is
subject to a Land Conservation Act contract but the resulting parcels following division
of the land will not be too small to sustain agricultural use.
The subject parcels do not propose to divide land which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965. The subject property
has not been designated for conservation or agricultural land and is not subject to the
California Land Conservation Act of 1965.
3. The site is physically suitable for the type and proposed density of development
proposed by the Tentative Map.
The site is physically suitable for the proposed industrial development because the
proposed use is consistent with the General Plan and Development Code. The
proposed Tentative Tract Map (TTM 35181) meets the minimum lot size requirements
contained within the Development Code, and is consistent with all of the requirements
found within City of Temecula General Plan and the City of Temecula Subdivision
Ordinance. The subdivision (TTM 35181) is therefore consistent with the Light
Industrial zone.
4. The design of the subdivision and the proposed improvements, with Conditions of
Approval are not likely to cause significant environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
. The proposed project site does contain sensitive habitat. The project impacts will be
mitigated to a level of insignificance based upon the identified mitigation measures and
the Conditions of Approval and will not therefore cause significant environmental
damage or substantially and avoidably injure fish or wildlife in their habitat.
5. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
The project, as conditioned by the Fire Prevention Bureau, the Public Works
Department, and the Building and Safety Department, will comply with the applicable
improvement requirements designed to prevent serious public health problems.
Furthermore, provisions are made in the General Plan and the Development Code to
ensure that the public health, safety and welfare are safeguarded. The project is
consistent with these documents.
6. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
Prior to any issuance of building permits for the subject subdivision, and prior to any
construction, the applicant will be required to submit building plans to the City of
Temecula Building Department. These plans will be required to comply with all
applicable Uniform Building Codes, which also include requirements for energy
conservation. Therefore, the construction plans will comply with all applicable building
codes and State energy guidelines.
G:IPlanning\2006\PA06-0370 PHS Tentative Map (TTM35181 )IPlanninglPGIPC STAFF REPORT.doc
9
7. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within
the proposed subdivision, or the design of the alternate easements which are
substantially equivalent to those previously acquired by the public will be provided.
The required right-of-way easements, including the future Western Bypass and Cherry
Street alignments, are included on the Tentative Tract Map (TTM 35181). The City has
reviewed these easements and the design of alternate easements, and determined the
type of improvements will not conflict with the easements acquired by the public at
large for access through or use of property within the proposed subdivision.
8. The subdivision is consistent with the City's parkland dedications requirements
(Quimby).
The subdivision is consistent with the dedication requirement.
Develooment Plan (17.05.010.F)
1. The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirements of State law and other ordinances of the City.
The project is consistent with the General Plan and the Development Code because
the project has been designed in a manri"er that it is consistent with the applicable
policies and standards for light industrial development. The proposed industrial use is
permitted in the land use designation standards contained in the General Plan and
Development Code. The site is properly planned and zoned, and as conditioned, is
physically suitable for the type of development proposed. The project, as conditioned,
is also consistent with other applicable requirements of State law and local ordinances,
including the California Environmental Quality Act (CEQA), the City Wide Design
Guidelines, and fire and building codes.
2. The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The overall design of the project, including site design, building height, setbacks,
parking, circulation, and other associated site improvements is intended to protect the
health and safety of those working in and around the site. The project is consistent with
all applicable policies, guidelines, standards and regulations intended to ensure that the
development will be constructed, and function in a manner consistent with the public
health, safety, and welfare.
Soecial Use Reaulations and Standards. Increase in Floor Area Ratio (17.08.050.Al
1. The project includes a use which provides outstanding and exceptional benefits to the
City with respect to the employment, fiscal, social and economic needs of the
community.
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
10
The project provides exceptional fiscal and economical benefits to the City in that
Professional Hospital Supply (PHS) is a major employer within the City, as well as a
large generator of sales tax revenue. PHS has experienced substantial growth and
their continued growth and expansion within the City will help to meet the fiscal and
economic needs of the community. The proposed expansion site requires a four
percent floor area ratio increase for a state of the arl distribution facility and office
headquarlers large enough to accommodate future growth of PHS operations.
Minor ExceDtion 117.03.060.0\
1. There are practical difficulties and unnecessary hardships created by strict application
to the code due to physical characteristics of the property.
There are practical difficulties related to the building construction and architecture that
make it difficult to meet the development standards for the Light Industrial (L1) zone
without the Minor Exception. In order to provide an appropriate ceiling height for each
of the office floors and visually screen roof top equipment the cornice along the office
porlion of the building must be 50'8" in height, thus requiring a one percent building
height increase to meet the development standards of the LI zone. Without the
granting of the Minor Exception the building would not meet the current standards,
which poses a practical difficulty and unnecessary hardship.
2. The Minor Exception does not grant special privileges which are not otherwise available
to surrounding properties and will not be detrimental to the public welfare or to the
property of other persons located in the vicinity.
The Minor Exception does not grant special privileges which are not otherwise available
to surrounding properlies because the exception is consistent with Development Code,
which allows for up to a 15 percent deviation from the LI development standard. The
request for the Minor Exception allows for the one percent height increase of eight
inches and special privileges have not been granted which are not otherwise available
by meeting the findings within the Development Code. The granting of this exception
will not be detrimental to the public welfare or properly of other persons within the
vicinity as the height increase is only for the office porlion of the building, which is only
14 percent of the entire building footprint.
3. The Minor Exception places suitable conditions on the property to protect surrounding
properties and does not permit uses which are not otherwise allowed in the zone.
The Minor Exception to increase the building height places suitable conditions on the
properly to protect surrounding properlies. The proposed project is for an industrial
building, which is permitted in the Light Industrial zone. The Minor Exception will allow
a one percent height increase, which will not allow for uses which are not otherwise
allowed in the zone.
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)\PlanningIPCIPC STAFF REPORT. doc
11
ATTACHMENTS
1. Vicinity and Aerial Maps - Blue Page 13
2. Plan Reductions - Blue Page 14
3. PC Resolution 07-_ - Blue Page 15 (Development Agreement)
Exhibit A - Draft CC Resolution 07-
4. PC Resolution 07-_ - Slue Page 16 (General Plan Amendment)
Exhibit A - Draft CC Resolution 07-
5. PC Resolution 07-_ - Blue Page 17 (Tentative Tract Map)
Exhibit A - Draft Conditions of Approval
6. PC Resolution 07-_ - Blue Page 18 (Development Plan and Minor Exception).
Exhibit A - Draft Conditions of Approval
7. Initial Study - Blue Page 19
8. Mitigation Monitoring Plan - Blue Page 20
9. Public Correspondence - Blue Page 21
10. Parking Study - Blue Page 22
11. Statement of Justification - Blue Page 23
12. Notice of Public Hearing - Blue Page 24
G:IPlanningI2006\PA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
12
ATTACHMENT NO.1
VICINITY AND AERIAL MAPS
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
13
~
, "f:c)k
'<'
~~
~0i
;p
"'+
q(
~."
~'"
:l()
-/:I."
'\,
'2,"':>.
"'~
.if""
~..
,N ./
c.' /....
00.
~Q:
"'~
.so.:.,/,..
o-GLE4;
't>"
"t
""'e
.~..
,
I
00'0
>i'O
0.p'
~J
'\
/::::.
''b,,,
"'"
<>,
<1".
"1",
~
,~~
.0/
,,{"
','
'f.."
-tY '" '
",'
.$'
\
\
\
9'
'h
'"Ill
"
~
W
'9
cc:~'c:.ilJ. f
-, ,,\,
k F:-CT"~'+'C=,.~".~
___.m- 1 -......
W
0:: .-,~-
~
.-~
;:;
:!!___ _~_,----'1--'
project Site
\,
,9s,',
;.0
".
~</.
:013'
, ~ -
1'0
~.
if
w
.i'
",
O'E-\)J({0~-:'-"~~~?
)''>I~~\Of>.. L, \,
\
-,---_.~--
''<\~''''-"",
~f'
~, .l
~tt
"'~~.
..
".
'"
....,,'"
',..
., "
(.
'"
~"
,'0
"
" "
'",
"
".
'"
"
"
".4
%~
\:,
\....~"
\ "
".
'.
'"
'- "
/~:-;S~:....~ '. """.
"<.,...' . ,'- ""
1,1', "V'C "'-
ii.' ' ~l.:lI;.!D~RNfh.';RD~...,.-;.;;,;;;.-.;,,;;';.,
,
-~.\.,-
",~",<)~\
"\1.",.'''' '
,.'"," .,..
'}' ,,,,j'! A,}.),,~t, ._-~/'-. ",' '-- '\
';"':.'-/":'''_~'_ )1:"", ," )'
c,'t", '--.' , ,,'--"'~"f+r---....' 1"-
't:';;}(1;,~;1 "~, <:
,-~ ",~# ,j
,"
,l
,.
,-
.:Il
,.
..,,,+
,
- ;....;
,i',
"1,,)-'>
,:.,"
/.I~
..;j.ft
.l:ij-ft'"
.f
"J~::\"
,
" <1'"
,~O"
rI-'
<:i
i>
<>"",,\'
.~~
<t '
"<;. '
'11i:"
<S'~.
;>if
f~
/f'~
/~tJ;i
r.P
,if
,;l
"
"
"
" "./
_'":IidJ-
,r'"
,~~
_~o
~~0
,:f'<'J-'
,
./
f
iL, .
-.tcl/'
.'
"..-
-...'.
\
\
/,
."
!<cO
f!
<f
~
-.~..-
%
.~.
%
~
I
,
!
\:0
\\~
", c~<F/- " 'x:~
qv~ "', " '-...... -"',
, '">!!<-
-0"(' .
"'."'-
\,\\
'.' \
"'~
"0
'?
9~
"'D
"(:?~
4:
~
~
~'*
;<::1A'-
€
^-0~
".
'}l~~
"
~.
~
o
_.4,~Q
f
. . ,:p.r.~
,,/', ~.fZ ",/'
:.{p.
">,','t,, ",/
.'
\
\
\
2,000
"'"
1,000
/
.
f
_F-
,
i<
...
~~>..,
.It'
\~.\
"
\\
\\
),!
,',
.......
"
"
3,000
- ~
4,000
-F~
,
.
City ofTemecula
o~~' ~"
] $'
ff -'\"
/
~
<
I PA06-0370 I
~
N
~
o
,
600
1,200
2,400
3,600
Feet
Legend
~
".:#,'.
This map was made by the City ofTerne4lla'Geographic Information System.
The map is derived from base data produced by the Riverside County Assessor's
Department and the Transportation and land Management Agency of Riverside
Cour>.ty. The City ofiemecula assume,& no WiMI20flty or legal respom\bl~\y fer the
infonnalioncontainedonlhismap.DataandinfonnatiOnrepresantedonlhlsmap
are subject to update and modification. The Geographic Information System and
oIhersources should be queried fottl1emostcurrenlinformallon.
This map is not for reprint or resale.
R:\GIS\AaronMISMS Templates\5ms_template.mxd
-<\.
ATTACHMENT NO.2
PLAN REDUCTIONS
G:'Planning\2006'PA06-0370 PHS Tentative Map (TTM35181 )'PlanningIPCIPC STAFF REPORT.doc
14
I! ~~.
l'l' l~~~~
i's ~ ! ~"
~ ~ ~iii~i
~ i ~~~dl
~ ' l 1
! ~ ~ ~, ~,! ~
I d h!~ ! !nnh U
! ! I " ~ " II !' I UI~ 'I~ ~~
l:ql M i; l i H,: ~i. I ;M hi ji
I "( ~! Il. --llll'~ ,~ 0001 i~~;~~dl
~ ~ ~ ~t! ~ ~ '" ~'" ~ ~.. 't
'. . l~ n >" ~ ~ ~ ".. i ,I hi 1~~U ~i.1 .1 ~~
~ ~ I I tIll". ~ . .,~ ...:' ',,~ '.~ h
r!!i li!i ! !' !!:! ! !I.Il! !!ll! 'on !~,I !II !!,
~~ ~ ;;:
,I ", ~ , , 1
~~ j~i;l", ~ ~ ~~~~
. ,~~! ~ ~l"
~~ II~~ ~ ~ ~!i~
iii 1M; Imi;1
........
C()
........
~
c:)
<:
Cl..
~
........
'-.)
~
h.::
~
h::
~
~
h.::
"j
1"--
"--
1
I::
~
"
- 1 '
____ I'
'-..---"-' .
.~
'''' ~.
-,~:
'.
.
!
~
b
...J
"
~ '
~
....
ill
~
1;j
<:>
"'''
",<>
"<ll
1;"
<>..
....'"
.,'"
~'"
\!;:l
",0:
~ '-l<:!
"",
;'l-'
?!i~
&1~
",!j!
~~
...'Ii
1;;8
!j!",
li5~
i:l..,
li5....
i:l
ill
i:l
li5
<I
-
<
~ !
: ~ ~
I P , "
I P liill I! ,II
l,dniH II!,dl:1
I Iii i 11111 ! i II i ! II
~I .0' I ~
,~
o~
~~
t~
II .
I Q
I
I
)..
,,; ~ I ~
,- ; ~~
I!!~' ~ I.
~ .. - ~ ~ -... ~~
! ~ t;j!i
:, ~ <.> ! !Il~, 1
<.....:;: . ';!ll
~d:!{ il~~~" a
~I ~, I'h-.
~<> ~ ~h~!~ ~
I !'I'I'l'
II ,.,
! '" ~. ~'I'I! i
. 'Ii 'I' il,ll!!
Ii ! "'I'!'
',' ~!I'i%i.ll i
~ "i.!I'! , i
I ~:Ii!!III!
i I I:
I ~ ~ ~ ~
~ ~
I
~i
I'
~ b
.
. -'I !
., .
; ~""~ 'i.!l
~__ 'L !~
.,_,1)." h
,'I' .-,..
t------'----
; ;\'~!l
, ,,! ~ ;;
- ~I ~~:t
; ~I" l ~, ~
il ~ ~III ~ ~.!: ~
.'-!r~~ ~~I~
~ UI !:) ;;:
_~I ~
! - -;lllff'" ~ h
-.!I-",'
~ r ~~
. - ~~ ! ~~
, "'...
~ ~ ~~ ~
. -~l -----~tj ~
., '", ~
-" !. ..
. ~ .
. I'
~---,' .1
' 1'1 i!
1 I!
" Ih
!
~ 'I
lsg
!
"
~
"
'" ,
H "-
.... I;
<.> ~
~ ~ I
~ i
" I
~ ~
~
8
l
!
j Ii Iii ~
I'~ "~.' ~ h
- ~ ~~
~ g: i ~
D''''~'!,
,..
:.~
::;:;t;i
ml.Glil
~ilB :
6{~ ::
mlljll
~~~~~
~
00
!
,
!i
~~ .
I~
,
. ~~ I~
!"
18
J; ,
-:\-iL l)~ ~..;,-- th // ~
\\: ~~ -It ~ --~/.~p- 1
b E \ ......-...... ).1..........- "-
, ~, r--~ --~ 11 l
_~\l It! - ~ ~,- 'l
\ ~,\\~, 3; '''4,~ i~
~\,\l~~ ~ ~ "~\
Ii' \ '!.~'~
"\~ ,~. ,,,,-,
~g ;Ii =<~~. ~ 1~
, E ~
11 \ \~\
, \;\
~i % \I~
~ ,'\~-
~, ! fl€!
~\ IIi
. \'\~ .q~ >.t)~
1'. l-o~ ~~
., \,~! ~.'
l\~ .J"'l ~\
~h' -~--------
E _____- to.
I ~ ----- '1: "\
I .. ~ --~----- ~ '\
~--- ~
_, '<-h .~ I
~'l-. ~ "% __ ......,..... I f-, ~
~ tii --e: I li ~ C\I.., j
~ , ~... (~~lt! ~ I ~
~ "0- ~,;;:,......... I!i,t~(}-S(J \ .1~9,i b ~ \ . '-
\ ~ ~,-~ Iob'm '- ~il''' -I'" j ~i ;.
~ ."". "'""'~~""w€l..!:... 7J:>Wd \' 11 -' I 1-
J: "'." "''Who, --- ~ oJ !
~ 1,G _' --"'4 ',""", -" :";,!","6L"';'ih--~_,..",,.~_ __1 JI 'tf-~ ---Ji---- ---".---
~ 1."', r_'... - >'.>;>;. ~ ~ 7'?.;lJlVd' \'ii! ~ ---------- ------.. l:
-.. ~ /~-">- ~~ UI/LJ ~ \_____ I ~ t ~
~ - >>i> -"07/0 "'~.lOl 11JffJr'JJ.J..u.dJ1.jj ---- -- ~1ruS - ~~ --
"" ~ trj ,,....,.I.lJ""',, row' "Ill]
\ ~ 117 d.-lD'I.lJ'Vv..':' ...."":!'..!!\? l(''''(fJW..!I /J.!!W I", .
-<l m~~~OfHl1N-.l_ rtoo"l . ;>.
. :3. ,^ "''''''''fTl'TlTmmmrjj;i;;;,'t:! UJ9/sSM - - %.
'8 u'" -It "'" f1;mfrf'rTrrrririim rmJ'TTflmrl1 "" I .::,"1:... '% -.>; ~
\~ ~"" t "Tim ImmrnJl!f1mm / 1;,$ "-,- % ---
~ \ 0::; I j'A: I v,..\,-------
~ II; J' I .~ i-----.J-- \~%
'" € """_",,,>1' L..---~-----"- .-,--------"-.-) ,
_.--::__ _~_____-_-~,-~.-- .__~~,?*-.o.>>_ \, ~\ I
.,.J:fA __-----J I I I ~i!~ I
... SO~:v.I~~1J.~~ / I I "tll:g I
_---- ",__"",,,/OJ // f "'~Pd J,,-,"-l.!
___ .'wl QPW r 1 I
____ "u-<>>r-><; f!!>cfJl / ~ I
\__- "" I! "'"
t p~JPd / I - I
'~ ppJ:J$>o
/CfUM>d I ~.fro,~ f
/ I>>~"<b>
/. ~= I ''''''.l-
'~~ I
I ';-'l>(
// ~ '911 I
\
:!\ I ~
l m
~ ~
~ 5
"
\\
'-..
1
~~\';. ~ ~\.
~ i,.~,i ~ ~,~
.,~ ii~ ~~ ,~~~ \\~ t\ .\~
\~\ \l~ \~ ,!~~ lilt ~l ~l;
\l~ \" it ~~, ~b\~ il ~\i
.. ~\\ \\~ \\ \\\1 \\\\\ \,~ \\~
l'! il~ '~1', ,lit ~i,n i" \~.
~: ~ \,\i i\\ \\~ \\\\~ \,\\\ ! ~U ~\
~ ~l~ ~<8<il ~
Q ~'\~
t ~
~
~
--~
--
- .
. "
" l II
-_~L_ ~ I
ISl --"........
~:
''''-->
"~
\
~,
-' .
~l ~
if, ~
~ t.
. ~
<
-~~
-.!!!l.
~
,
~1i;~
~.'
-~ .
-. . '\
~:?:. \.
"-"-
"-
"
~iE
\
'~
"~<.;.~
l
-
\
~
" -,
. -.
1 ~
<;;
~ !
<:5 ·
~;'j ,
~ ~ -"
'-
,,~
1f~
'" n
\\!
"
IS
~
,
,
,
. \
\
-
,
,
a
~
~
~
ill
-r
; .
{ g
, ~
I~~
nJ
,
,
~
,
~ \ ~
\~ l
il' w
\i; ';lIE
;
~L
i~\
~
, \
=: \\\ \
\t ~~\i'r
tI -4
\ \ I II
n
I'
,I
II
'I
, I,
i II
'I
I 1" " .
, \l~ ~%&~~, ,
'jr, In'',~,>,,.;~ }J;
\ i "I", ~ l.~R';~" J
<"~,~
~. .It, ..'i;it'ifi.'AJ
,1:'j 'r';t\:'<~~~
I" 0, ""~,<\:.{t:: ~
" <jt ~~ ,\~\,;~
f''ii}"", ',," ,,,i!ff!;.
90 ( " ~ ,,~ ,
~~~~, '" "" "~\
'f' ~ ,I ,," ':\,~ ':~" '::~S:.
:'i)~ '
">.~."!..'~
,,::,"'"'
:';j.!},'
"L'"
'f~
'.
"
I
I'<) .,;
1
j
';
,
'~
~ ~
~ ~ ~
" ~ i
" ~
q~~
\li El -
" ~
,,~ "
~ ~~ I
'!i ~,
'" I
~ al:l!
rs a:
" >.
e"
~
-
I
,
,
~
"
u
~
.
~ !
. "
, i
I,;
I II !
~ ~ ~ ~
,
'l~;
/f
,w / .
;1 /~f/
f//:;;f
f;, /"
llN/
,f/(/
/; . !.
'-?=f+.;:;-;",,~j/j(_
~ ~
a ~ !
~ ~
. ,
. . !
~ . .
O '''N'l,
"ii
~::
'.."
.,
I'
m"!'
::1l :.
"':!'
*11
1.,,_.
'''(I oJ
U';r~r.~1J
~
! ,
'I 8
"I" "
! ~~ I~
-
L
~
Q:
~
o
I>
~~
,,~
Z~
00
-~
~
is
~
~
i I
j"g
!H
~n
~~
'''' li-
tl 9~a~~
"' i"'"
~,..j 'il'
, OJ", "'11
~;i '
<
"
e
5
g
~
,
p ~ ~
d ill ~ !
.. g , ~
i!;' d" j
1"" ~ I P " "-
.~lls.~r,d! ~
;
l
i
I'
~ ~ .
------------=:~
,si
II
i'i
~
L
j',dl
. ~~ ~~
e i~ e~
~~~~~
~ ~~ ~i
I
~
I
,
. .
1,1,
iill
~ ~~<<
~ ~
~ Ii
~ n
~ I u
H "~
~ "'~ ~~
~ E~ ~~
i ~~ ~~
~ ~; ~i
~ ~I n
,
~ ~~
~ ~ U ~
5" ~ ~ s~ ;
~ ~.~. ~
~ ~~H~
~ ~ nn
idnd
~~ n ~n
~<~.~~~
M~
~~U
!!~~
~~~~
~in
ml
ih~
~~~,;
mn
I",""m,..,. -"""'111
. i" ~ ~i i~ ~~~~P'l ~ ~~~ !~i~ :~r i
~ ~ ~ h - - " ,
,
-,
~ iR
"
~!~!~;;;;~~
~~~~ ~ ~
~~~~
Il~~~
~~i~
,
!
n
11
.j
d~
In
n~
~ ~~
H~
nt
~m
3
!
! i
~I
~~i
~~"
ii'
~ ~~~~
<<~ ~~~i ~~~
~IJlli ~~mli!:~~~dnildhJ
~H n n d nH~~d~~~
I~ Ii
~- ,
"
: ~ i
n ~ ,
< ~ :
.
ji:
ii, !
u ~ ~
o
lI'!tI1500NlUl\ln
DIN11r<fl\l'^
-'
!l2
ai
~ g~
Ii'
L,
n~
n~
:~o~.'<1 ",
: Hi
n!
n~
.,
~~5 .,
"',"'
;~~~~~~
lnmi
n
,
,
I
!i
l~ ~ ~~
1~~~ ~;
~~~~ ~~
Id
~ ~
!
~ ~
~ i
~ ~: ~~
~. ., ,I
'" ~ 5' ~~
~a ~I~ ~~
ij!~idl
,
~~
,
A
<
,
~
z
U
5. ~~
,
,
l
~~
:o:lii
"
h
c
l
I
,I
;'
//
//
/ .
.. /
/
/
_<<_L~~:<~~:_<<_u_.._
0..
,
:;:
$'
~;
<>:1
~~
,
II
!
!
Ii
n
.Ii
~ ~ ~
~H
'"
, ,
~ ~
!
! !.!!
s ~ n g
~ g. ~ ~ ~
~ ~ ~ ;~ ~ ~ ~
nnn~ !
q q~ n ~
~ n ~~ n
! !
I
E , !
i ~~
I !l
! U
" I
~~
^
c
~
t__m_:':~m :6
!
~
""""
c
.
~
~
~
o
~~
~~
<<~
z~
o~
-~
~
o
~
~
<
.
.
.
g
~
'-:;;t"'.'''''''.'''lll'''-''''''"",
..-
--:;:;;-.:
'j
~
~
21~ lj!;~_
o~ 0 :<l",,Sl
\{I 1~5~~
l::~ ~:S~~
~..'ilJI"!'
_ '.-'. ~L ~t~
I t:~ B
G
,
!
II
~
C"
C"
,
!, I!h"
, I - ~ 0 ~
,'11','1'1'
~.. g d
III"
E
C
ssi
Hh~
B-- Ii'"
El-- : -:c.'
-,<,
~
e-. ,
,.-",.. 0
0- _-.:-':;::~: ~
.:,..-. = ~,
ili
~
I
c..
M
<{
, ~
i ~
,.
,
i.
: ~
.; ~
"
,j
.,
ii
"
't
,;.;!~
m
~i ~
~~ ~
.1 _
,~~~S ~
i~~i~~g
i!m~i
ii"i J~~
~;M~::
~B~H~h~
~
,
o
~ ~
~ i
~
o
~
~- ~
" ,
~J
.
~
~
~ ~
~ ;;:
~ ~ ~
"I: ~
~ ~ c;::
III., i
\ 'ill I
;"1'
~ ~ ~ ~
." '.
i i ~ ~ h
~ 2 ;\ ~ '".
n ~i i~
",-"
~l ~ \ ll~
1 'i ~ 1. ! i "i
~ll! III
~~~!~~~
~"'~';:~~f
"
"
Iii
/ '\
. '
" .
/' ~ :,
. ,
,/ % ~
e;~II.'
,A I'
\I1Ll1
~
.i
II
!
,
j
i~
ii~
r
0--
\. I
\, I
, .
" ~ '
~1
---t
-..,-"..-
1
i
I'
~
~ :
j:. j;,<
-'~ -
~~ :::.
Q~ .:l
i2 a
~
I ~
~
,
i
.
~
"
i:
"
e
.""'-',
"
/il
{
:' ~ ,
., ",: :
..- L.\
I,
@...""
,\ '
ii l
~~
~
W
" % ~i~
iilW'h
~"'.-'{~! ~~~~~
Yf).w~;:;:i
\F} ~
1<>-
M
J,
<l:
\ ~\\ III, Ii ~~';~::: Ii
\ \ ,11.\; "p\~
I, '\'1'1'" i AI "1'1' <1\,
.~\~l'$i1--
/?
J.~ :
.: 1\
~:{// ~ !~" :':. '
, j ~
l\ ~. ~
'--
8-'-
,
~
,I
.
"
~
~
~
.
"
.
I
^
"
.
~:
~I
(0
..-.-
\,H
.' ,
'. :
""'J;I1~.s-~,,;-
!!
!!
i\
,II \
~~~"'~~
!"':! ~.' " ..
11!\iH
,1 ,\ ~
,
3~
iH
~
~\
!
"
,
\
,
~. ,
~.\
,
"
"
.
z!
.'
15..1
I _"_'0- ._'_'0-
J "HLU"~"L"" lA1' " , " " :~ I __ K:
f'~ I (~~~!:
L~ I .J~~t
'f!;- !~!~!
:o~ ~
},:,ul
-~
,
I
~a
,-
~~
~~
.,
!,
~~
~ I~
,.,
~Ii;
~ ~~
,
!
!
!
!
~ ~
, ,
~~ ~
'.1'
t!
~~
~~
~
r
f). .1
'~
: ~~;' .'ll ':i~'
~_.':' 11
.
I
i
j
,
~ ~
~d
"I
~L
tm
~! U~
~~ ~i~
~~ ~~i
U dh
~~ ~~~~
.~ H.'~
n 1m
!15 ~gH
~~I~ I~i~
"~"~Ii!
B
I;
,
~~
~i
~'l
~ j
~ !
~~:
.-
~c
, ' ~
, ! ~
;
, ~
:;-
i ~
id
li~ !
ill!
~
, :;;
! ' ~
,:1
i: j ~
~;q
~~ I ~
!I ' ~
~3: ~
d~; I
i~~J ~
E--
8----
e --
8----
~-
;;:
0:
~
~>
~~
~~
z~
o~
-~
iil
i';
oc
~
,,,, ..
ll',p'rj;'
i
,
d
Ull!UU
I
i
,
~
,
"
,I
!'~!uU
I
I _
0----
~lg g
0,0 Xl
~JI~'
,. ,~
~-'iljl"
.. ~. w ~
~jSH
I. i
i II i" I
Jll,lllld
Q.
,
....,
<t:
1)1
- - - - - - - - - :.;.:. ~. ~I;.
1~
,
i ,~
'1'1
~ ~ ~ ~; ,
. 4 U~ u i,~
G.l
~
~
'"
i
I
0"'- ~~ I
:J ~5~
:l h~
@} -.--- j ~
"
'I
'" - ...... ..~l"
,I
,~
.... ~
'"
,
'"
I
I
I
'"
o 0
I-
I
I
'"
T
'"
~
$
,
,
~
o
~
c
c
@--
6,-
!
<
-0
i
--0;)
.
c
c
-0;)
c
~
.-
"
.-
"~
@- -----
,
.,
..~,~ __._u ~ g
t.~
@--.
..--......3
,,,.,-,,.-,8
He
_~ r"
'"~-i
800 0 0 e
G
"r~i~ ::F
[I ~ ~ I I
0"~e 8 0 0 e e
!
,
o
>
. .
~~
e
e--
~ ~~~
'I, !h
!.',~ ~~~
:~ ~~~
~t i~i
U i~~~
.~ ;d~
~~ ~\!~~
~~ ~;~i
ii U~I
~~~ ~~i~
l;!l!!!
'"
"..~
E> ----- \
~
n:
is
I~
~~
~~
z~
o~
-~
iii
~
Iii,
B
'-"---T----;;
[ s ~ , g ~ I
<
,
.
<5
~
"
>
"
~i~!U
"' 1".-
,...:t;! o;~:lli
J\\i. pi. ,.!
YE1~ ~.t
..~
r!
!' i!
~ g ~~~
~ h. ~~!
~ - h~
~ ~~ m
~;~ ~~~
~ ~t [~~
;=: ~,~. ~~~,
~~~~
~..~ i~i~
g 11 illl
~!3 ~~H
~ ~tl b~~
~u.:m
~'; ~
, . ~
~~-
r
- ~
,i
".;
~ - ~
,. ;
, ,
~. l!
, ~
] ~
q
" ; ~
; [ ~
, i ~
\ ' ~
h; i
~~IH
1
UL~ <1iH
~~ ~! ~~ ~c"
~.i I
,~ ~ ~
,. ,,' " ,~,
~- ~~i ~ ~~~
'"
i
I
L
'"
1
$
'"
....~
r-
M
e~----'? .
o. -~._- -
0---- 0----
~ ~
" "
0 0
0 0
~ ~
~
~ u
" -- 0-~--- Oi
1 ~~~ ~ ! ~~~
] b15<(; Gg<e I
~Q~ I ~0~
'g;~c::-' g~~
go~ UO~
o~.a: oo~
:=~
0---- to 0--- - f<3
~ ~
w w
u u
it it
0 0
o -_.-.,-_..~. 0----------
0---"--
0~.-."-..--.--_.-.-.-..-.-..
c "-.. n~il
I 1--: ~
I . 0
0
....~ I 0
b 0 (J
-, \.. i
r
I
( j
'" ''''<lJ0 0 e
I'
"
,I
011
,
.
I l
! !
~~d~ ~
In~h
,
.,l
inn
Q..
~
N
<(
.
,
o
'~'.
o.
o
.-
NEW ADDED MOO SF j ~ I
""","M" '00 .~ -~-- , ._____
WAREHOUSE OFFICES . ~ I I
I i rm, ~ I~l l
I I I I I ']
I I I -/-1-1 F
- L---j-- ! !--l-l--i
I I I I I
I -j r-
I I I i
L. I ; ,I '
II. -----i ~- - --J1-1"---F' ,/,//....-"
. I, _
ii, __' ~~ j/ , , '
- L____ ! - I_!. fJ_~.
I I I : I
I I-I !---J--/J-
I I I I ! Ii,
-r-- r----r. i I --r- I
I I I~-j-- -+- --1--)
t- --I - J ++ I -l
I I -j- l - +--'
. "
I I r=J' 1- I /
'------'--'-____r-~
,....-----,--,...---,--~
I I" I-~
-----~I ~ ,.,
006[S!l2 . ~:
3~..:l 1-.:J1'11O:1 1--' .
~lr~af"'1'::j
;;
ru\'ffifr~:fi;,:r;;~~~ r-.....; 'I ""'""",,'.nrro~ t~' "'
'JNI 'SN01lIANH l_L .x'1ddflS 'IV ~IdSOH '1VN01SSEHO'Hd :!! t ~ t ~ !
,~ ,""_""""" ;=11 ~ g-11!1
..."'......wu I NIl'1d ad'9?9CJNv'1 ~\>'NI~~=~ l~
-,
I
!
I
I
tl:!\!\l\! tU\!\!\I~
Uhi tU_nl
mil. II!!II MATCf.I~INE SEE S~EET ~-3
,IWHWjjjjjj I 11111 ! llllll~ ,"'....""''''.."..,......,........''';'''''',..""""..,,, j .'
'[.... .......... ! u i
I II Ii,
I !lljl1h I jjW I !jjjjji! i
!lililhhhni II,! d I Ii I
~ "11 111111 .1 !
I..l! fl'! i II i
1111 I l ,IV. I .1 !
Illlll!iillll Ill"!! !JIII!I II ~
! llilllWln~1 r 11111 mlllll ill!1
I !. -
I!~ l!~ illD ~ II
I" , DEND"" f'A~,o,""
, , , ;I~
.
I jl , ! I j
.. l .
~
li
oc
Ul
ti
':\'
\~
~
I I !
" i ! i I
I I ! I I I ~
I I ! ! 1.1 3 "I!
II II II II II I ~ iii~.
!lllll II 1111 II "'~
II @@E)OOcl m nul
!I
C)!
C)! ~
C)!I Q
C)!! 3
C)! III
In
m
lr
~
lL
III
I ~! h! I
,
,
,
I
,
,
,
,
,
,
,
I
,
,
,
~
=:j
!
_,1
~i'
,
Sf,. .
Iniji.
~ii~~ gi
~'::"-l! l"!!.~
.H ;..,
:~,. j'
h~~t.,,~
',"~J"
ll~i.;1~
~ E :tll.D "
.1ll!~I-~s!"
~"'!Q:n~
~..cs~t1l1l
cr iit.!ll~,:.i
i=15.uj ll'!;
~. tt.'l!Jl~$
oc <>ihf"l
g .li-""..<58}'::
u.. i]~1!'i;. i:
011."",,'1'
Q R'Oe"'!;"' ;
'::J. i;.f~ii:;;l
... !l~:ii:Lj
~ ~~Uii.f
".,
,
-1
I-
UJ
UJ
I
'"
UJ
~
IL
OJ
;3
a
-1
III
oc
a
)
>r
:--1
:f-
UJ
,W
,i!i
UJ
:w
:d>
UJ
:~
'-1
:I
o
.1-
:<[
I:
_._---~. ~ ...
OO~Lt2 .:;
3~J 11'01. Ill'O l==. .
-l\I.<s~~"""'; ;;
S,l
'c
d
"
I
!
I
I
~Ug~ ~~~~~gJ
mil. Hiiiil
ImlmWI~l ! mil I iillU!
ill II i.
'lill'hllh~! I jjj,H I {'jj,jjj I.
! III! illlhil i! ',! I II
I lllll mill I'!
~ ", !~ I I l
III I I' ! 'Ill .! ! 8
lllllillll!ll!!llhll l.i'III ir~~lli! III i ~:u.
,I h! hl~ ~ullll!!11 ill'! ~
I! II "
1I. ~ I ~ ~ 0 ~ II ~ ml!
II I
~U."Il~ h,a. ;~gfi~;
. i 1< h
pi "
I j.l, 1.11 II jl I II i,
ti!'} t U .} ~ ~ ri
I II
I ! i I i I II
! I ! !! I I I ! ! I I !II
i 1'1 i ! I Iii i I i ill
Ill! !! IIIII ! ! III ,I il II
i III Ii III II II !I II II II II Ii II Iii
~ Iho~@8~@@t}OOcf~ (~
----
...-
~
.
,
,
,
m.. MAT' :f.JliNE :eEE5~EETL~2
,
,
-~
m2<i, MATCf.JLiNE5EE5~fTL:i ....
w; j-
JU_
ili~
10=
UE
d)E
LU~
""
::J~
:1:;
~~
<U
I:~
.
,
~
o
...J
ia
o
m
l)
L
~
L
........--~I-I.I.
009i!-LLZ
008-1 ..
~.:l TIJ! oIl"O 1---+-:
_1Y.<a~~ro i--.i....:
~I
:;1
,
I
!
I
!
g:il/~l/ gggligl/ ~
iiili. iiiiiil """",,,,.
I HHWHHlIl lllllllll/llli
III I! i
! ll!illli I mu I ~Ij~~~i
!llhlhilhlil ! IIIII j! I
B "'i I 1I111i' .; "
I nil II'! I Ii i
III I l,I'I: :1 !
I Iii ilL! Illj i FI!I j! 1
,IIIlIlIIIIIIHI! ~ 111111 iU I Ii ~!l
II~ Im~ m~ ~ ill
, ~
I ~~ , . , .m
f ~! I h~
~
n
....J
=>
III
n
ill
<D
lr
~
lL
I 1
! I I II ,
i i I
I I I I I I ~
! ! ! I I J ;;j,
! ! II II II Ii ~ ~!ii,
I~ 1111 II II II II i
1m @~t)OOcf ~ mll
I
n ~ II; ~ "b l
I h
I' II
II Ii I I II
L .~ ,~~, ! u !i
II
I ! II
II I I I ill!
'I J II I I I III
I II ! I 1111 I II,
Ill! 11111 II II II ill
~ II O~@~~I~,,~
"oB,~';;ir;;;"NTI r-..../ I -~ Ii II
'JNI'SMOmAN H l..L A'lddllS 'lYUdSOH 'IVNOISSaiIOlId i ~ ~ I~ 'T!
.~. _.....:..",.''''''''.. ~ . ~ ...J~
:,,""'......""" 1N't1da.:......"...,..,-U!lImWl~"""-""'" I..lb
!!i
MATC~LINE SEE S~EET L-3
.,.............~............. r'-
,
"
c"'""'"
r--
Efi
,
,
,
"
":
..J
I-
W
W
I
.,
W
W
.,
W
;<;
:i
o
I-
<t
r:
Lt-
,
J
"
~
w
"
~
- ~
u
II
.
--~;;j~:r 1"1
J~JT1IJ!4I"3~: :.
~"'l'o'~S~"ll'
4........s"ll'f'ld~ .~.
~I
..
::1
.j~~~ l:r I" "dIDS 'lVLldSOH ~"';;;;;=CI 1~~I'IIl! ~!.
V _""""'.ill'",,,,. ~ ~ i...Jl!I
""""""'NVU IN't1d "'...T...g....."T I ~1-lI,:RirIdm1ll.....~ t~l.
. ,,," I: I
I !! i!! ' , : ;11 II
In
I ! I r I I ! 1 Ii
! I ! ! ! i I I I ! i I i III
II!
! !! I I ! ! ! ! ! I .. i ~I'
illl'l I II!! ! I I I III
~ i n lill! 111111111111111111 i11i
~ 110~@.txD@@~OOc(~ I~.~
I ~g~~ ~
hh i; gg~H~~
IlIII ..'"
lillll .1I111
! l! IlJIl
, l//jjj!
; ;;:; ;;'Ij ; Ii: IJIII Ul' i ,Ii
I !, , II 'Ill! II .1 I
II I llili. i 111111l! :I!
,11I1 ill 1111 I ul.Il' ! i ~~lll.lll i Ii ~ll
II @0oJM!@00C;) i ~@ @ ~ I mD h ~ ill
I u ~ A a
.
. !Il
~ ~! ~!!
-
=Ea= =0~
~..
:a~
-- --
)~
)~
)~
) ~
)~
)~
~
Q
-I
iB
Q
w
~
~
0...
wW
wO
>-z
0<(
-'00:
0..1-
2Z
ww
J
c
r---
......
g
~ "II
3 ~;j !
~
"
W III/!
1= 'n.1
1l ~f'l>.
ilwi!
;l,'ilj
;f~"h.~_
i-:.,sI....H
2 ~~ ~ ~ j!
i~~~hi
~,gi!.liu
~i&.1!5h
~~!fi:~;
''''''rll~
i~l5h~
(j i~.!!':.'!d
- ....Q~g ill
!.i ~.8!.,!ll.2
~ "I'~ .
~ :;'~~8{!~
- j"l:",q..!
& ~1-''f;::'i
"""'j
R hei-:
i! .!I ~ ,,:1;:'1 .,;
l' "HI!!
ATTACHMENT NO.3
PC RESOLUTION NO. 07-_
(DEVELOPMENT AGREEMENT)
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
15
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA07-0220, A DEVELOPMENT AGREEMENT BETWEEN
TEMECULA PROPERTIES, LLC AND THE CITY OF
TEMECULA TO AUTHORIZE THE DEVELOPMENT OF AN
APPROXIMATE 84 ACRE SITE GENERALLY LOCATED
AT THE NORTHWEST CORNER OF WINCHESTER ROAD
AND DENDY PARKWAY IN THE CITY OF TEMECULA
(APN 909-370-018 AND 909-370-032)
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0220.
B. The Agreement was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
application and environmental review on September 5, 2007, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0220 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in recommending that
the City Council approve the application hereby finds, determines and declares that:
To recommend approval of the Development Agreement, the following findings
must be made:
A. The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula General Plan in that
the Development Agreement makes reasonable provision for the use of certain real
property for industrial, commercial and residential development.
G:\Planning\2007\PA07~0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
1
B. The Development Agreement complies with the goals and objectives of
the Circulation Element of the General Plan, and the traffic impacts of the development
will be less than significant or substantially mitigated by the mitigation measures and
Conditions of Approval imposed.
C. The project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning district in which the
property subject to the Development Agreement is located, and that this Development
Agreement is consistent with good planning practices by providing for the opportunity to
develop the property consistent with the General Plan.
D. The Development Agreement is in conformity with the public convenience,
general welfare, and good land use practice because it makes reasonable provision for
a balance of land uses compatible with the remainder of the City.
E. The Development Agreement will not be detrimental to the health, safety,
or general welfare of the community because it provides adequate assurances for the
protection thereof. .
F. The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are expansion of an important local
employer and could bring additional employment opportunities to local residents.
G. The potentially significant impacts to the environment from the project will
be mitigated to a less than significant level based upon the identified mitigation
measures.
Section 3. Environmental Compliance. The Planning Commission hereby
makes the following environmental findings and determinations in connection with the
approval recommendation of the Development Agreement (PA07-0220):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Development Agreement as described in the Initial Study ("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
Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
2
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the date public hearing, and based on the whole record before it finds
that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
E. Based on the findings set forth in this Resolution, the Planning
Commission hereby recommends that the City Council adopt the Mitigated Negative
Declaration prepared for this project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. PA07-
0220, a Development Agreement between Temecula Properties, LLC and the City of
Temecula to authorize the development of an approximate 84-acre site.
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
3
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September 2007.
Dennis Chiniaeff, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th
day of September 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
4
EXHIBIT A
DRAFT CITY COUNCIL RESOLUTION 07-_
G:\Planning\2007\PA07~0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
5
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA07-0220, A DEVELOPMENT AGREEMENT
BETWEEN TEMECULA PROPERTIES, LLC AND THE
CITY OF TEMECULA TO AUTHORIZE THE
DEVELOPMENT OF AN APPROXIMATE 84-ACRE SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER
OF WINCHESTER ROAD AND DENDY PARKWAY IN THE
CITY OF TEMECULA (APN 909-370-018 AND 909-370-
032)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOllOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0220.
B. The Amendment was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0220 subject to and based upon the findings set forth hereunder.
E. On
on this Resolution.
2007, the City Council held a duly noticed public hearing
F. At the conclusion of the City Council hearing and after due consideration
of the testimony, the City Council adopted a Mitigated Negative Declaration for the
project and approved the recommended Development Agreement under Planning
Application No. PA07-0220 subject to and based upon the findings set forth hereunder
and the attached Exhibit A.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The City Council, in approving the Development
. Agreement hereby finds, determines and declares that:
To recommend approval of the Development Agreement, the following findings
must be made:
A. The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula General Plan in that
the Development Agreement makes reasonable provision for the use of certain real
property for industrial, commercial and residential development.
B. The Development Agreement complies with the goals and objectives of
the Circulation Element of the General Plan, and the traffic impacts of the development
will be less than significant or substantially mitigated by the mitigation measures and
Conditions of Approval imposed.
C. The project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning district in which the
property subject to the Development Agreement is located, and that this Development
Agreement is consistent with good planning practices by providing for the opportunity to
develop the property consistent with the General Plan.
D. The Development Agreement is in conformity with the public convenience,
general welfare, and good land use practice because it makes reasonable provision for
a balance of land uses compatible with the remainder of the City.
E. The Development Agreement will not be detrimental to the health, safety,
or general welfare of the community because it provides adequate assurances for the
protection thereof.
F. The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are expansion of an important local
employer that could bring additional employment opportunities to local residents.
G. The potential significant impacts to the environment from the project will
be mitigated to a less than significant level based upon the identified mitigation
measures.
Section 3. Environmental Findinas. The City Council hereby makes the
following environmental findings and determinations in connection with the
recommended approval of the proposed General Plan Amendment:
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
General Plan Amendment as described in the Initial Study ("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
Mitigated Negative was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, City Hall, 43200 Business Park Drive,
Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The City Council reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration prior to and at the
2007 City Council meeting and based on the whole record before it
finds that: (1) the Mitigated Negative Declaration was prepared in compliance with
CEQA; (2) there is no substantial evidence that the Project will have a significant effect
on the environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council.
E. Based on the findings set forth in this Resolution, the City Council adopts
the Mitigated Negative Declaration prepared for this project.
F.
Effective Date. This Resolution shall become effective on
2007.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of , by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT A
'DEVELOPMENT AGREEMENT
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
6
DEVELOPMENT AGREEMENT
WILL BE PROVIDED
UNDER SEPARATE COVER
ATTACHMENT NO.4
PC RESOLUTION NO. 07-_
(GENERAL PLAN AMENDMENT)
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
16
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA07-0048, A GENERAL PLAN AMENDMENT TO TABLE
LU-5 OF LAND USE ELEMENT TO DESIGNATE AN 84
ACRE SITE LOCATED AT THE NORTHWEST CORNER
OF DENDY PARKWAY AND WINCHESTER ROAD AS A
FUTURE SPECIFIC PLAN AREA (APN 909-370-018 AND
909-370-032)
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 8, 2007, The Garrett Group filed Planning Application No.
PA07-0048, (General Plan Amendment), in a manner in accord with the City of
Temecula General Plan and Development Code.
B. .On September 5,2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0048.
C. The Amendment was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
D. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
E. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0048 subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in recommending that
the City Council approve the Application hereby finds, determines and declares that:
To recommend approval of the General Plan Amendment, the following findings
must be made:
A. The amendment is compatible with the health, safety and welfare of the
community.
G:\Planning\2007\PA07~0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
1
The proposed amendment to add a future Specific Plan area to Table LU-5 of/he
Land Use Element meets the goals and policies of the General Plan, and is
consistent with the anticipated impacts of the Final Environmental Impact Report
(EIR) for the General Plan and the guidelines of the Development Code. Any
future proposals for the Specific Plan area will be subject to the City's General
Plan, Development Code and Design Guidelines to ensure the public health,
safety and welfare of the community is maintained as new development occurs.
B. The amendment is compatible with existing and surrounding uses.
The proposed amendment to add a future Specific Plan area to Table LU-5 of/he
Land Use Element is compatible with the existing and surrounding uses because
any future proposals for the 84 acre site will be consistent with the goals and
policies of the General Plan and the content and processing requirements
contained in the Development Code. Therefore, the proposed amendment will be
compatible with existing and future uses in the surrounding area.
C. The amendment will not have an adverse effect on the community and are
consistent with the goals and policies of the adopted General Plan.
The proposed amendment will not conflict with the existing zoning or designated
land uses throughout the City. The proposed amendment will result in compatible
future development, which meets the recommended land use and circulation
pattern, maximum density and intensity of development, a desired mix of uses
and other factors consistent with the goals and policies of the General Plan.
Section 3. Environmental Compliance. The Planning Commission hereby
makes the following environmental findings and determinations in connection with the
approval of the General Plan Amendment, (PA07-0048):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
General Plan Amendment as described in the Initial Study ("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
.Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
G:\Planning\2007\PA07-0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
2
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the date public hearing, and based on the whole record before it finds
that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
E. Based on the findings set forth in this Resolution, the Planning
Commission hereby recommends that the City Council adopt the Mitigated Negative
Declaration prepared for this project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. PA07-
0048, a General Plan Amendment to Table LU-5 to designate an 84 acre site as a
future Specific Plan area.
G:\Planning\2007\PA07M0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
3
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September 2007.
Dennis Chiniaeff, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th
day of September 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
DebbieUbnoske, Secretary
G:\Plannjng\2007\PA07~0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
4
EXHIBIT A
DRAFT CITY COUNCIL RESOLUTION 07-_
G:\Planning\2007\PA07.0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
5
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA07-0048, A GENERAL PLAN AMENDMENT TO
TABLE LU-5 OF LAND USE ELEMENT TO DESIGNATE
AN 84-ACRE SITE LOCATED AT THE NORTHWEST
CORNER OF DENDY PARKWAY AND WINCHESTER
ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909-
370-018 AND 909-370-032)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0048.
B. The Amendment was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0048 subject to and based upon the findings set forth hereunder.
E. On
this Resolution.
, the City Council held a duly noticed public hearing on
F. At the conclusion of the City Council hearing and after due consideration
of the testimony, the City Council adopted a Mitigated Negative Declaration for the
project and approved the recommended General Plan Amendment under Planning
Application No. PA07-0048 subject to and based upon the findings set forth hereunder
and the attached Exhibit A.
G. All legal preconditions to the adoption of this Resolution nave occurred.
Section 2. Further Findinas. The City Council, in approving the General Plan
Amendment hereby finds, determines and declares that:
A. The amendment is compatible with the health, safety and welfare of the
community;
The proposed amendment to add a future Specific Plan area to Table LU-5 of the
Land Use Element meets the goals and policies of the General Plan, and is
consistent with the anticipated impacts of the Final Environmental Impact Report
(EIR) for the General Plan and the guidelines of the Development Code. Any
future proposals for the Specific Plan area will be subject to the City's General
Plan, Development Code and Design Guidelines to ensure the public health,
safety and welfare of the community is maintained as new development occurs.
B. The amendment is compatible with existing and surrounding uses;
The proposed amendment to add a future Specific Plan area to Table LU-5 of the
Land Use Element is compatible with the existing and surrounding uses because
any future proposals for the 84-acre site will be consistent with the goals and
policies of the General Plan and the content and processing requirements
contained in the Development Code. Therefore, the proposed amendment will
be compatible with existing and future uses in the surrounding area.
C. The amendment will not have an adverse effect on the community and are
consistent with the goals and policies of the adopted General Plan;
The proposed amendment will not conflict with the existing zoning or designated
land uses throughout the City. The proposed amendment will result in compatible
future development, which will meet the recommended land use and circulation
pattern, maximum density and intensity of development, a desired mix of uses
and other factors consistent with the goals and policies of the General Plan.
Section 3. Environmental Findinas. The City Council hereby makes the
following environmental findings and determinations in connection with the
recommended approval of the proposed General Plan Amendment (the Project):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
General Plan Amendment as described in the Initial Study. 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 Mitigated Negative
Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The City Council reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration prior to and at the
, City Council meeting and based on the whole record before it finds
that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council.
E. Based on the findings set forth in this Resolution, the City Council adopts
the Mitigated Negative Declaration prepared for this project.
Section 4. Effective Date. This Resolution shall become effective on
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of , by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT A
PROPOSED GENERAL PLAN AMENDMENT
G:\Planning\2007\PA07-0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
6
... \
(Sj
'" ~
..
...
:t fr
- '"
i'" .\ll
- .. 0-
0..'" 0
<a:;) :J .-
...'0 \
.. '"
c: '" (j')
....J
C)
'&. '"
:g
0:. '<Jl
0 <g
"" 0-
'(3
'" ~
iJi
.,0\
'" 3
.!:::- (f) .
6- (l:i.. ~
~ ~]iO:
o~.g
~ c-='':'.=
l) <Jl'Oo
.. '" '" '"
'$ o .- 0.-
'O-"(j')
0 _.~ ~
c: (j)8o
0 :!: '"
.... O-So;
.e- ~ S '"
~ :z::.o2
0-00-
.. g-O'~
0 en ,S Q)
ro -g ,I;;:
, :'C""G6-
0-",,,,
<g .-~ \.-0
:!:<Jl""
0;1],3
'" :> '"
o ... <Jl
.- (\) ?
~~-o
2O~
0_'-
o:aS
~~
...0-
c: $""
0 <Jl~
.., '" '"
~ f;o
5 .S '0
$~
~ CS
'"
0: .,
0:.
.!a g.
~ ~
<>
.. '"
0- iJi
<Il
.. '"
... ...
a 3
:l :>
u. u..
i'?
.- ~ CS
....J J
$)'
5~
ATTACHMENT NO.5
PC RESOLUTION NO. 07-_
(TENTATIVE TRACT MAP)
G:IPlanningI2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
17
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA06-0370, A TENTATIVE TRACT
MAP (TTM 35181) TO SUBDIVIDE 84 ACRES INTO FIVE
PARCELS, FOUR DEVELOPABLE LOTS AND ONE
SLOPE AND EASEMENT PARCEL, LOCATED AT THE
NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD (APN 909-370-018 AND 909-370-
032)
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On December 12, 2006, The Garrett Group filed Planning Application No.
PA06-0370, (Tentative Tract Map), in a manner in accord with the City of Temecula
General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA06-0370
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinqs. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Section 16.09.140 (Tentative Maol
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code, General Plan, and the City of
Temecula Municipal Code;
. Tentative Tract Map No. 35181 is consistent with the General Plan, the
Subdivision Ordinance, the Development Code, and Municipal Code because the
project has been designed in a manner that is consistent with the policies and
standards in the General Plan, Subdivision Ordinance, Development Code, and
Municipal Code.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\DRAFT PC Reso TTM.doc
1
B. The Tentative Map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, or the
land is subject to a Land Conservation Act contract but the resulting parcels following
division of the land will not be too small to sustain agricultural use;
The subject parcels do not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965. The
suf?ject property has not been designated for conservation or agricultural land
and is not subject to the California Land Conservation Act of 1965.
C. The site is physically suitable for the type and proposed density of
development proposed by the Tentative Map;
The site is physically suitable for the proposed industrial development because
the proposed use is consistent with the General Plan and Development Code.
The proposed Tentative Tract Map (TTM 35181) meets the minimum lot size
requirements contained within the Development Code, and is consistent with all
of the requirements found within City of Temecula General Plan and the City of
Temecula Subdivision Ordinance. The subdivision (TTM 35181) is therefore
consistent with the Light Industrial zone.
D. The design of the subdivision and the proposed improvements, with
Conditions of Approval are not likely to cause significant environmental damage or
substantiplly and avoidably injure fish or wildlife or their habitat;
The proposed project site does contain sensitive habitat. The project impacts will
be mitigated to a level of insignificance based upon the identified mitigation
measures and the Conditions of Approval and will not therefore cause significant
environmental damage or substantially and avoidably injure fish or wildlife in their
habitat.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
The project, as conditioned by the Fire Prevention Bureau, the Public Works
Department, and the Building and Safety Department, will comply with the
applicable improvement requirements designed to prevent serious public health
problems. Furthermore; provisions are made in the General Plan and the
Development Code to ensure that the public health, safety and welfare are
safeguarded. The project is consistent with these documents.
F. The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible;
Prior to any issuance of building permits for the subject subdivision, and prior to
any construction, the applicant will be required to submit building plans to the
City of Temecula Building Department. These plans will be required to comply
with all applicable Uniform Building Codes, which also include requirements for
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\DRAFT PC Reso TIM.doc
2
energy conservation. Therefore, the construction plans will comply with all
applicable building codes and State energy guidelines.
G. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through or use of
property within the proposed subdivision, or the design of the alternate easements
which are substantially equivalent to those previously acquired by the public will be
provided;
The required right-of-way easements, including the future Western Bypass and
Cherry Street alignments, are included on the Tentative Tract Map (TTM 35181).
The City has reviewed these easements and the design of alternate easements,
and determined the type of improvements will not conflict with the easements
acquired by the public at large for access through or use of properly within the
proposed subdivision.
H. The subdivision is consistent with the City's parkland dedications
requirements (Quimby);
The subdivision is consistent with the dedication requirement.
Section 3. Environmental ComDliance. The Planning Commission hereby
makes the following environmental findings and determinations in connection with the
approval of the Tentative Tract Map No. 35181, (PA06-0370):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Tentative Tract Map (TTM 35181) as described in the Initial Study ("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 Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590. .
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the date public hearing, and based on the whole record before it finds
that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\DRAFT PC Reso TTM.doc
3
environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
E. Based on the findings set forth in this Resolution, the Planning
Commission hereby adopts the Mitigated Negative Declaration prepared for this project.
Section 4. Conditions.. The Planning Commission of the City of Temecula
approves Planning Application No. PA06-0370, a Tentative Tract Map (TTM 35181) to
subdivide 84 acres into five lots, subject to the Conditions of Approval set forth on
Exhibit A, attached hereto, and incorporated herein by this reference.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\DRAFT PC Reso TTM.doc
4
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September 2007.
Dennis Chiniaeff, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held On the 5th
day of September 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\DRAFT PC Reso TTM:doc
5
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\paDRAFT PC Reso TIM.doc
6
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0370
Project Description:
A Tentative Tract Map (TTM 35181) to subdivide 84 gross
acres into five parcels, four developable lots and one
easement parcel for slope and drainage purposes. The
project site is located at the northwest corner of Dendy
Parkway and Winchester Road
Assessor's Parcel No.:
909-370-018 and 909-370-032
MSHCP Category:
DIF Category:
Per Development Agreement
Per Development Agreement
TUMF Category:
Per Development Agreement
Approval Date:
September 5, 2007
Expiration Date:
September 5,2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of One Thousand Eight
Hundred Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred
Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-
Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of
Determination for the Mitigated Negative Declaration required under Public Resources Code
Section 21152 and California Code of Regulations Section 15075. If within said 48-hour
periDd the applicant/developer has not delivered to the Planning Department the check as
required above, the approval for the project granted shall be void by reason of failure of
condition [Fish and Game Code Section 711.4(c)].
G:IPlanningI2006IPA06-0370 PHS Tentative Map (TTM35181)'PlanningIPCIDraft COA PA06-0370.doc
1
GENERAL REQUIREMENTS
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\Draft COA PA06-0370.doc
2
Planning Department
2. The applicant shall sign both copies of the final Conditions of Approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
3. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirements of Ordinance No. 460, unless modified by the conditions listed below.
A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 60 days prior to the expiration date.
4. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
5. The approval granted by this Resolution shall become effective upon the Effective Date of
the Development Agreement, as the term Effective Date is defined in the Development
Agreement adopted concurrently with this Resolution.
6. If Subdivision phasing is proposed, a ohasina olan shall be submitted to and approved by
the Planning Director.
7. The project and all subsequent projects within this site shall be subject to the Garrett/PHS
Development Agreement (PA07-0220).
8. All lots created by TTM35181 shall be developed as identified in the Development
Agreement (PA07-0220).
9. The project and all subsequent projects within this site shall comply with all mitigation
measures contained in the approved Mitigation Monitoring Program.
10. A Specific Plan consistent with Development Agreement (PA07-0220) shall be submitted
prior to the approval of any development plans for Lots 1, 2, or 3 created by TTM 35181.
Public Works Department
11. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Plannlng\PC\Draft COA PA06-0370.doc
3
12. A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction outside of the City-maintained
road right-of-way.
13. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
14. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for
consistency with adjacent projects and existing improvements contiguous to the site and
shall be submitted on standard 24" x 36" City of Temecula mylars.
15. The provisions for the design, improvement, lot configuration, public facility financing and the
following conditions of approval are predicated on the approval and full execution of a
Development Agreement between Temecula Properties, LLC and the City on or about
September 25, 2007.
Fire Prevention Bureau
16. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
17. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 4,000 GPM at
20 PSI residual operating pressure for a 4 hour duration. The Fire Flow as given above has
taken into account all information as provided (CFC 903.2, Appendix III-A).
18. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to public
streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be
located no more than 210 feet from any point on the street or Fire Department access
road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2,
903.4.2, and Appendix III-B).
19. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2.2).
Community Service Department
20. The Applicant shall comply with the Public Art Ordinance.
21. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\Draft COA PA06-0370.doc
4
PRIOR TO RECORDATION OF THE FINAL MAP
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Plannlng\PC\Draft COA PA06-0370.doc
5
Planning Department
22. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory recommendations,
Ordinance No. 655.
ii. A Mitigated Negative Declaration was prepared for this project and is on file
at the City of Temecula Planning Department.
Iii. This project is within the Alquist-Priolo Special Studies Zone.
iv. This project contains sensitive cultural resources.
23. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning
Application 06-0370 shall be preserved in Open Space and recorded with the County
Recorder of Riverside County as a conservation easement for preservation purposed in
perpetuity. The %-acre of CA-RIV 237 shall not be subject to development, archeological
testing or ground-disturbing activities.
24. The applicant shall comply with the provisions of the Development Agreement (PA07-0220)
prior to Final Map recordation.
Public Works Department
25. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Riverside County Flood Control and Water Conservation District
d. City of Temecula Fire Prevention Bureau
e. Planning Department
f. Department of Public Works
g. Riverside County Health Department
h. Time Warner
i. Community Services District
j. Verizon
k. Southern California Edison Company
I. Southern California Gas Company
m. Fish and Game
n. Army Corps of Engineers
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\PC\Draft COA PA06-0370.doc
6
26. The Developer shall design and guarantee construction of the following public improvements
to City of Temecula General Plan standards unless otherwise noted. Plans shall be
reviewed and approved by the Department of Public Works:
a. Winchester Road (Major Arterial Standards - 100' R/W) between Dendy Parkway
and the southern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
b. Dendy Parkway (Major Arterial Standards - 100' R/W) between Winchester Road
and the eastern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
c. Remington Avenue (Industrial Collector Highway Standards - 78' R/W) to include
dedication of full width street right-of-way, installation of full width street
improvements, curb and gutter, sidewalk, painted median, street lights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
d. Remington Avenue and Winchester Road intersection to include a stop control on
the eastbound leg of Remington Avenue for an all-way stop controlled intersection
and a striped 200-foot northbound left turn. pocket. In addition, secure with a cash
deposit to include a year 2009 traffic analysis to determine traffic signal warrants and
a fair share contribution for the design and installation of a traffic signal.
e. Cherry Street (Major Arterial - 100' R/W)
i. Dedication of half-width street right-of-way.
f. Western Bypass Corridor (Major Arterial-100' R/W)
i. Dedication of full-width street right-of-way plus an easement for slope
construction, maintenance and drainage purposes.
g. All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
27. Unless otherwise approved the following minimum criteria shall be observed in the design of
the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
b. Driveways shall conform to the applicable City Standard No. 207 A.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
and 401.
e. Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All street and driveway centerline intersections shall be at 90 degrees.
G:\Plannlng\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PCIDraft COA PA06-0370.doc
7
h. All knuckles shall be constructed in accordance with City Standard No. 602.
i. All cul-de-sacs shall be constructed in accordance in City Standard No. 600.
j. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
k. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided underground. Easements shall be provided as required where
adequate right-of-way does not existfor installation of the facilities. All utilities shall
be designed and constructed in accordance with City Codes and the utility provider.
I. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground.
28. A construction phase Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or other
disruption to traffic circulation as required by the Department of Public Works.
29. Relinquish and waive right of access to and from Winchester Road on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
30. Relinquish and waive right of access to and from Dendy Parkway on the Final Map. Specific
access openings will be determined through the Development Plan process as stated in the
Development Agreement.
31. Relinquish and waive right of access to and from Remington Avenue on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
32. Relinquish and waive right of access to and from Cherry Street on the Final Map. Specific
access openings will be determined through the Development Plan process as stated in the
Development Agreement.
33. Relinquish and waive right of access to and from the Western Bypass Corridor on the Final
Map. Specific access openings will be determined through the Development Plan process
as stated in the Development Agreement.
34. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities
shall be provided at all street intersections in accordance with Riverside County Standard
No. 805.
35. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandons such
offers. All dedications shall be free from all encumbrances as approved by the Department
of Public Works.
36. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Prior to City
Council approval of the Final Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
37. Any delinquent property taxes shall be paid.
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)\PlanningIPC\Draft COA PA06-0370.doc
8
38. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final
Map to delineate identified environmental concerns and shall be recorded with the map.
39. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet recorded with any underlying maps related to the subject property.
40. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Final Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
41. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit
shall be installed to cable TV standards at time of street improvements.
42. Private drainage easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
43. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary. All offers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on the
final map. A note shall be added to the final map stating "drainage easements shall be kept
free of buildings and obstructions. "
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\PC\Draft COA PA06-0370.doc
9
PRIOR TO ISSUANCE OF GRADING PERMITS
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIDraft COA PA06-0370.doc
10
Planning Department
44. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
45. The recommendations contained in soils report(s), geotechnical report, and slope stability
report shall be implemented.
46. Both Federal Clean Water Sections 404 and 401 permits and a 1602 Streambed Alteration
Agreement are required. Copies of all required permits shall be provided to the City prior to
the start of construction and comply fully with all of the terms and conditions of those permits
and agreement.
47. Impacts to jurisdictional areas will be mitigated at least a 1:1 ratio through off-site creation or
purchase of wetland credits within an approved wetland mitigation bank.
48. Impacts to upland habitats and associated species will be addressed through participation in
the MSHCP and payment of the MSHCP Local Development Mitigation fees. The project is
located within the Riverside County Stephens' kangaroo rat HCP Fee Assessment Area fee
area.
49. A pre-construction burrowing owl survey is required 30 days prior to commencement of
construction. If any burrowing owl is found on site, the CDFG shall be consulted, and a
passive relocation effort shall be undertaken outside of the nesting season. No disturbance
of active nests will occur.
50. A qualified biologist shall determine if any active raptor nests occur within the limits of
disturbance prior to commencement of grubbing, clearing, or grading activities.
51. No brushing, clearing, or grading shall occur within 500 feet of occupied tree-nesting raptor
habitat during the raptor breeding season (typically December to July).
52. In order to ensure MBT A compliance, clearing of native vegetation shall occur outside the
breeding season of most avian species (February 1 through September 15) unless a pre-
construction nesting bird survey determines that no nesting birds are present. The City of
Temecula would need to approve activities after concurrence is received from the wildlife
agencies.
53. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
G:\Planning\2006IPA06-0370 PHS Tentative Map (TTM35181)\PlannlngIPCIDraft COA PA06-0370.doc
11
54. The project proponent shall enter into a Treatment Agreement with the Pechanga Band of
Luiseno Indians. This agreement will address the treatment and disposition of cultural
resources and human remains that may be uncovered during construction as well as
provisions for tribal monitors.
55. Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to monitor all
grading, excavation and ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal monitors shall have the
authority to temporarily stop and redirect grading activities to evaluate the significance of any
archaeological resources discovered on the property, in conjunction with the archeologist
and the Lead Agency.
56. A qualified archaeologist monitor shall be present during all earthmoving activities. The
monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of
the find until it can be evaluated by the project archaeologist in conjunction with the
Pechanga Tribe. In the event of a new find, further testing, excavation, and/or reporting may
be required.
57. If cultural resources are discovered during the project construction (inadvertent discoveries),
all work in the area of the find shall cease, and a qualified archaeologist and representatives
of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and
make recommendations as to treatment and mitigation.
58. If human remains are encountered, all activity shall cease and the County Coroner must be
notified immediately. State Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a determination of the origin and
until treatment pursuant to Public Resources Code Section 5097.98 has been decided. The
Coroner shall determine if the remains are prehistoric, and shall notify the State Native
American Heritage Commission (NAHC) if applicable. Further actions shall be determined
pursuant to California Public Resources Code Section 5097.98.
59. The landowner shall agree to relinquish ownership of all cultural resources, including all
Luiseno sacred items, burial goods and all archeological artifacts that are found on the
project site to the Pechanga Band of Luiseno Indians for proper treatment and disposition.
60. All sacred sites within the project area are to be avoided and preserved.
61. Cultural Resources Sensitivity Training (a 15-minute presentation) should be required for all
project personnel.
62. All impacts to the sandstone and fanglomerate members of the Pauba Formation should be
monitored full time at the beginning of grading. A trained paleontological monitor shall be
present during ground disturbing activities within the project area determined likely to contain
paleontological resources. Monitoring will be adjusted to spot checking if initial monitoring
shows negative results.
63. Upon encountering any significant fossils, salvage of all fossils in the area will be conducted
with additional field staff and in accordance with modern paleontological techniques.
64. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\PlanningIPC\Draft COA PA06-0370.doc
12
of storage. Itemized catalogs of all material collected and identified shall be provided to the
museum repository along with the specimens.
65. A report documenting the results of the monitoring and any salvage activities and the
significance of the fossils shall be prepared.
66. Any significant fossils recovered, along with the itemized inventory of the specimens, shall
be deposited in a museum repository for permanent curation and storage.
Public Works Department
67. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
e. Riverside County Health Department
f. Community Services District
g. General Telephone
h. Southern California Edison Company
i. Southern California Gas Company
68. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
69. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address all
soils conditions of the site, and provide recommendations for the construction of engineered
structures, cut and fill slopes and preliminary pavement sections.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\PlanningIPC\Draft COA PA06-0370.doc
13
70. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults, slope stability and potential for liquefaction. The report shall
include recommendations to mitigate the impact of ground shaking and liquefaction.
a. Based on geologic relationships and observations, the site lacks evidence to support
the existence/presence of Holocene faulting (i.e. broken soil horizon or shear
planes). The building site area is not traversed by an active fault that would affect
the stability of the cut slope proposed or the building structure. A certified
engineering geologist shall perform regular field reconnaissance during site
earthwork construction. This field mapping is intended to further evaluate site
conditions and limit the possibility that adverse conditions will be exposed that could
affect site stability.
71. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of the
site. It shall identify all existing or proposed off-site or on-site, public or private, drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
capable of receiving the storm water runoff without damage to public or private property.
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
72. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
73. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
74. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
75. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee.
If the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid. Provide receipt of paid Area Drainage Plan fees
from the County.
76. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\Draft COA PA06-0370.doc
14
77. The Developer shall obtain letters of approval or easements for any off-site work performed
on adjoining properties. The letters or easements shall be in a format as directed by the
Department of Public Works.
Fire Prevention Bureau
78. As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on-site fire hydrants are required (CFC 903.2).
79. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be forty-five (45) feet (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020).
80. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2).
81. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches (CFC 902.2.2.1).
82. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC
902.2.2.6 Ord. 99-14)
83. Prior to building construction, dead end roadways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
84. Prior to building construction, this development shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau (CFC 902.2.1).
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181 )\Planning\PCIDraft COA PA06-0370.doc
15
PRIOR TO ISSUANCE OF BUILDING PERMITS
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\Draft COA PA06-0370.doc
16
Planning Department
85. The applicant shall file and receive approval of a Development Plan for all future
development within the subject parcels.
86. Landscape plans shall be prepared for all slopes created by the grading and fill of the site
consistent with "Slope Planting Guidelines" and the Development Code, and shall provide
erosion control on undeveloped portions of the site.
87. Landscape plans for Parcel 4 shall include the off-site slopes created by the development of
Parcel 4 (including but not limited to the slopes proposed within Parcel 2 and the detention
basin proposed within Parcel 1). All landscaping shall be installed and maintained in
satisfactory condition by the property owner.
Public Works Department
88. Final Map 35181 shall be approved and recorded.
89. A Precise Grading Plan shall be submitted to the Department of Public Works for review and
approval. The building pad shall be certified by a registered Civil Engineer for location and
elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction
and site conditions.
90. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading permit, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan.
91. A paved emergency vehicle access shall be installed to the satisfaction of the City Engineer
and the Fire Marshall.
92. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
93. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08.
Fire Prevention Bureau
94. The developer shall furnish three copies of the water system plans directly to the Fire
Prevention Bureau for approval prior to installation. Plans shall be signed by a registered
civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to
hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations are
required for fire flow with the submittal. Once the plans have been approved by the fire
department the plans get picked up from the fire department, mylars are made and they are
then signed by the local water company, the mylars shall be presented to the Fire Prevention
Bureau for final signatures. After all the signatures are obtained a bond copy shall be
submitted back to the fire department. Once the fire department received this final copy the
permit job card will be released. The permit job card indicates all the inspections that are
required by the fire department. The required water system including fire hydrants shall be
G:\Plannlng\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Plannlng\PC\Draft COA PA06-0370.doc
17
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire
Protection Association 24 1-4.1).
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\Draft COA PA06-0370.doc
18
95. All locations where structures are to be built shall have approved Fire Department vehicle
access roads to within 150 feet to any portion of the facility or any portion of an exterior wall
of the building(s). Fire Department access roads shall be an all weather surface designed
for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet (CFC sec 902).
96. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau.
97. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets
of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau.
98. Fuel modification plans shall be submitted to the Fire Prevention Bureau for review and
approval for all open space areas adjacent to the wildland-vegetation interface (CFC
Appendix II-A).
99. A full technical report may be required to be submitted and to the Fire Prevention Bureau.
This report shall address, but not be limited to, all fire and life safety measures per 1998
CFC, 1998 CBC, NFPA -13,24,72 and 231-C.
Community Service Department
100. The developer shall complete the TCSD application process, submit an approved Edison
Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting
into the TCSD maintenance program.
101. The developer shall make arrangements with the franchised hauler to dispose of the
construction debris.
G:\Planning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIDraft COA PA06-0370.doc
19
PRIOR TO ISSUANCE OF OCCUPANCY PERMITS
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Plannlng\PC\Draft COA PA06-0370.doc
20
Planning Department
102. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Fire Prevention Bureau
103. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
104. Approved numbers or addresses shall be provided on all new and existing buildings in such
a position as to be plainly visible and legible from the street or road fronting the property.
Numbers shall be of a contrasting color to their background. Commercial and industrial
buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum
of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or
numbers on both the front and rear doors (CFC 901.4.4).
105. Based on square footage and type of construction, occupancy or use, the developer shall
install a fire sprinkler system (CFC Article 10, CBC Chapter 9).
106. Based on a requirement for monitoring the sprinkler system, occupancy or use, the
developer shall install an fire alarm system monitored by an approved Underwriters
Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation (CFC Article 10).
107. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in
height and be located to the right side of the main entrance door (CFC 902.4).
108. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel (CFC 902.4).
109. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
110. Buildings housing high-piled combustible stock shall comply with the provisions of Uniform
Fire Code Article 81 and all applicable National Fire Protection Association standards. The
storage of high-piled combustible stock may require structural design considerations or
modifications to the building. Fire protection and life safety features may include some or all
of the following: an automatic fire sprinkler system(s) designed for a specific commodity
class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads (CFC Article 81).
G:IPlanning\2006\PA06-0370 PHS Tentative Map (TTM35181)\PlanningIPC\Draft COA PA06-0370.doc
21
111. Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions California Fire Code Article 81 and all applicable
National Fire Protection Association standards (CFC Article 81).
112. The developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other hazardous
materials from both the County Health department and Fire Prevention Bureau (CFC 7901.3
and 8001.3).
113. Asimple plot plan and a simple floor plan, each as an electronic file of the DWG format must
be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable,
contact fire prevention for approval.
114. The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the City; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports (CFC Appendix II-E).
115. If there are changes to underlying maps then prior to map recordation the applicant shall
submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County
standards) digital version of the map including parcel and street centerline information. The
electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in
a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must acceptthe
data as to completeness, accuracy and format prior to satisfaction of this condition.
116. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per
the Fire Code and is subject to inspection (CFC 105).
G:\Plannlng\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\PC\Draft COA PA06-0370.doc
22
OUTSIDE AGENCIES
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\PlanningIPC\Draft COA PA06-0370.doc
23
117. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated December 27,2006, a copy of which is attached.
118. The applicant shall comply with the recommendations set forth in the Eastern Information
Center's transmittal dated December 19, 2006, a copy of which is attached.
119. The applicant shall comply with the recommendations set forth in the Pechanga Cultural
Resources comment letter dated December 22, 2006, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\PlanningIPC\Draft COA PA06-0370.doc
24
,
r5:\
\~
Rancho
later
Board of Directors
Ben R. Drake
President
Stephen J. Corona
Sr. Vice President
Ralph H.. Daily
Lisa D. Herman
John E. Hoagland
Michael R. MeMillan
William E. PIUllllller
Officers:
Brian J. Brady
General Manager
Phillip L. Forbes
Assistant General Manager I
CbiefFinancial Officer
E. P. "BobQLemons
DireclorofEngineering
Perry R. Louck
Director of Planning
Jeff D. Annstrong
Controller
ReUi E. Gar'ilia
District Secretary
C. Michael Cowett
Best Best & Krieger LLP
General Counsel
.",,-
i ~
,.
.,
December 27,2006
{, ~,/
',' ~"
~_h' ",~,-."'.'"
tl~:'.c.ib';'-
Dana Schuma, Project Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT: WATER AND SEWER AVAILABILITY
PROFESSIONAL HOSPITAL SUPPLY
PARCEL NO.4 TENTATIVE PARCEL MAP NO. 35181
APN 909-370-018 AND APN 909-370-032
CITY PROJECT NO. P A06-0369, P A06-0370
[TEMECULA PROPERTIES, LLC]
Dear Ms. Schuma:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD), and fronts an existing
12-inch diameter water pipeline, and 8-inch diameter sewer pipeline. Water and
sewer service, therefore, would be available upon the completion of financial
arrangements, between RCWD and the property owner.
If new facilities are required for fire protection or other, the customer will need to
contact RCWD for fees and requirements.
In addition, water availability is contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
~Wl
Corey F. Wallace, P.E.
Development Engineering Manager
cc: Laurie Williams, Engineering Services Supervisor
06\CW:atl35\FEG
Rancho California Water District
42135 Winchester Road . PostOffiooBox9017. Tcmecula, California 92589.9017 . (951)296-6900. FAX(951)296-6860
www.ranrnowater.com
'\'..~
/
/
,--.,.
EASTERN INFORMATION CENTER
CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM
Department of Anthropology, University of California, Riverside, CA 92521-0418
(951) 827-5745 - Fax (951) 827-5409 - eickw@ucr.edu
Inyo, Mono, and Riverside Counties
December 19, 2006
TO: Dana Schuma
City of Temecula Planning Department
RE: Cultural Resource Review
Case: PA 06-0369/DP/PHS and PA 06-0370/TPM/PHS
Records at the Eastern Information Center of the California Historical Resources Information System have
been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources:
The proposed project area has not been surveyed for cultural resources and contains or is adjacent to known
cultural resource(s). A Phase I study is recommended.
Based upon existing. data the proposed project area has the potential for containing cultural resources. A Phase
I study is recommended.
...!L. Phase I cultural resource studies (RI-3279, 4258, and 6280) Identified one or more cultural resources.
The project area contains, or has the possibility of containing, cultural resources. However, due to the nature
of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further
study is not recommended. .
A Phase I cultural resource study (RI-
recommended.
) identified no cultural res'Ources. Further study is not
There is a low probability of cultural resources. Further study is not recommended.
If, during construction, cultural resources are encountered, work should be halted or diverted in the immediate
area while a qualified archaeologist evaluates the finds and makes recommendations.
Due to the archaeological sensitivity of the area, earthmoving during construction should be monitored by a
professional archaeologist.
~ The submission of a cultural resource management report is recommended following guidelines for
Archaeological Resource Management Reports prepared by the California Office of Historic Preservation,
Preservation Planning Bul/etln 4(a), December 1989.
_ Phase I
A Phase II
A Phase III
Phase IV
Records search and field survey
Testing [Evaluate resource significance; propose mitigation measures for "significant" sites.]
Mitigation [Data recovery by excavation, preservation in place, or a combination of the two.]
Monitor earthmoving activities
COMMENTS:
The project area has been generally examined in the course of sElveral previous studies (RI-1121, 3279,
42S8, and 6280), resulting in the recordation of three archaeoloqlcal sites (CA-RiV-0237, -4786, and -
4986) and identification of posslbiy a fourth cultural resources property (not formally recorded [RI-6280]).
It is recommended that the four sites be re-Iocated, their condition assessed, and a plan developed as
necessary to evaluate the potential significance of these cultural resources.
if you have any questions, please contact us.
Eastern Information Center
PECtlANGA CULTURAL RESOURCES
Temecula Band of Lw:'ello Mission Indians
Chairperson:
Germaine Arenas
Vice Chairperson:
Mal)' Hear Mabrcc
POOlt Office. Box 2183 . 'femccllln, CA 92593
Telephone (951) 308-9295. Fax (951) 506~9491
Committee Members:
Raymond BasqUl.~J:, Sr.
Evie Gerber
Dnrlenc Mimnda
Bridgett Barcello Maxwell
December 22, 2006
Director:
Gary DuBois
Coordinator:
Pii.tiIMa~arro
SENT VIA FACSIMILE AND E-MAIL
Cultural Analyst:
Stephanie Gordin
Dana Schuma, Project Planner
City of Temecula
Planning Department
PO 130x 9033
Temecula, CA 92589c9033
Monitor Supervisor:
AurClia. Marruffo
Re: Comments onPA06-0369/PA06-03'lO
Dear Ms. Schuma:
This comment letter is submitted by the Pechanga Band of Luisefio Indians (hereinafter,
"Pechanga Tribe"), a federally recognized Indian tribe and sovereJgtl gOverliment. We request that
this letter and all of the Tribe's comments be part of the official record for the 'lpproval of this
Project. We also request that the City of TemeouJa provide tis with cqpies of all archeologiCal
studies, reports, site records, proposed testing plans, and proposed miti!5ation measures, and
conditions as soon as they beiJomeavaillible. We are also requesting that the Tribe be on them;liling
list for this Project so that we receive all notices, public dOcuments, and hearing notices piirtaiitingto
this Project
The Pechanga Tribe is wq\!l'stingto be consUlted, withQn the abQve listed Projl'cts, and we
have bl'en attempting to get mofeinforlilation from theCil.y Planner so that we canpro..-idl' written
comments, hut have received no resp<)Ose. Althis time the Tribe understands that thl' Projl'ctsstiII
wiUgo through an environmental. re..-iew process. As sUelI, the Tdbeis requestingputSuant to
~21083,1 of the Public Resour(lI'S Codl' to he involvl'd in.thisprocess,inOludingrequesting notice of
all comment periods and public hearings. If thes.e Projects will nOt be sUbj\'lct to CEQA,l'ither
pursuant to a CEQA Exemption or for some other reasoll, the Tribe requests to meet with the City
regarding our concerns priQr to any grading permits beinggrantl'd for the~e Projects.
PRO.JECTIMPAC'I'ST{) CULTURAL.RESOlJRCE$
As the City is aware, tlIere isasignificantarchl'ological and culttrral village, knownprimatily
as CA-RIV 237, located on the Project property. This sitl' is known to contain sacred itl'ms and
Native American human remains and has been designated with an avoidance status by the City on
previous projects. Pre..-ious developers have also agrel'dto lea..-e certain areas of the village
preserved in open space. There are also other details concerning theresources thatthe City needs to
be aware of prior to procel'ding with any Project approval for this geographic area. The Tribe
Sacred is The Duty Trusted Unto Our Care And With Honor lYe Rise To The Need
Pechanga Letter dated 12/22/2006, to City ofTemecula
Re: Comments on PA06-0369/PA06-0370
Page 2
fonnally requests to meet with the City concerning these issues prior to these Projects receiving any
approvals.
The Pechanga Tribe is not opposed to this development project. The Pechanga Tribe's
primary concerns stem from the project's likely impacts on Native American cultural resources. The
Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources,
such as Luiseiio village sites and archaeological items which may be displaced by ground-disturbing
work on the project, and on the proper and lawful treatment of cultural items, Native American
human remains and sacred items that may be discovered in the course of the work.
The Pechanga Tribe has a legal and cultural interest in the proper protection of sacred places
and all Luiseno cultural resources that are located on these Project properties. Given that Luiseiio
cultural resources may be affected by the Project, the Pechanga Tribe is formally requesting to be
involved and participate with the Lead Agency and the Project Applicant in developing all
monitoring and mitigation plans for the duration of the Project. Further, given the potential for
archaeological resources within the Project area, it is the position of the Pechanga Tribe that
Pechanga tribal monitors should be required to be present during all ground-disturbing activities if
such activities are conducted in native soils that have previously not been subject to mass grading,
including any archeological testing performed. It is further the position of the Pechanga Tribe that an
Agreement regarding appropriate treatment of cultural resources be drafted and entered into by and
between the Project Applicant and the Pechanga Tribe. This Agreement will also address inadvertent
discoveries and the issues with regard to the existing resources on the Project property. The
Pechanga Tribe also requests that all existing sacred sites on the Project property be preserved.
. The Pechanga Tribe believes that if human remains are discovered, State law would apply
and the mitigation measures for the pennit must account for this. According to the California Public
Resources Code, S5097.98, if Native American human remains are discovered, the Native American
Heritage commission must name a "most likely descendant," who shall be consulted as to the
appropriate disposition of the remains. Given the Project's location in Pechanga territory, the
Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or
items discovered in the course of this project. The Agreement mentioned above would also address
Native American human remains as well.
Lastly, in the case of discovery of new or additional sites or resources, the Pechanga Tribe
requests that all new sacred sites be preserved, and that the Lead Agency commit to re-evaluating the
Project impacts to cultural resources and adopting appropriate mitigation measures to address such
inadvertent discoveries. . The Pechanga Tribe intends to assert its legal rights with respect to
additional finds of significant sites or cultural resources which are of sacred and ceremonial
significance to the Pechanga Tribe.
The Pechanga Tribe looks forward to working together with the City of Temecula Planning
Department and other interested agencies in protecting the invaluable Luiseiio cultural resources
Peclumga Cultural Resources. Temecula Band of LlliseJio iV/Jssiol1 Indians
Post Office Box 2183. remeclI/a. CA 92592
Sacred Is The Duty Trusted Vlllo Our Care And With HOllor We Rise To The Need
Pechanga Letter dated 12/22/2006, to City of Temecllla
Re: Comments on P A06-0369/P A06-0370
Page 3
found in the Project area. If you have any questions, please do not hesitate to contact me at (951)
30&-9295.
Please contact me as soon as possible to set up a. meeting time concerning the Tribe's issues.
Thank you for the opportunity to submitthese comments.
Sincerely,
~ ~~L.t.~
DaJeFoster
Cultural Analyst
Cc: Debbie Ubnoske, City Planning Director
David Hogan, City Planning Departtnent
Pechanga Legal Department
Pechanga Cultural Resources. Te11lecula Baud of LuiseIio Missidll Indians
Post Office Box 2/83 . Temecula, CA 92592
Sacred L, Tire Dilly Trusted Unto aliI' Care And Witlr HOllOI' We Rise To 771e Need
ATTACHMENT NO.6
PC RESOLUTION NO. 07"_
(DEVELOPMENT PLAN)
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\PC STAFF REPORT. doc
18
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NOS. PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN TO CONSTRUCT A THREE
STORY, 608,934 SQUARE FOOT INDUSTRIAL
DISTRIBUTION BUILDING AND A 400 SQUARE FOOT
PUMP HOUSE ON 32 ACRES LOCATED AT THE
NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD, AND A MINOR EXCEPTION TO
ALLOW FOR A ONE PERCENT BUILDING HEIGHT
INCREASE FROM 50' TO 50'8" (APN 909-370-018 AND
909-370-032)
Section 1. Procedural Findinas. The Planning Cornrnission of the City of
Ternecula does hereby find, deterrnine and declare that:
A. On Decernber 12 2006, The Garrett Group filed Planning Application No.
PA06-0369, (Developrnent Plan), and on March 20,2007, filed Planning Application No.
PA07-0090, (Minor Exception), in a rnanner in accord with the City of Ternecula General
Plan and Developrnent Code.
B. The Application was processed including, but not lirnited to a public notice,
in the tirne and rnanner prescribed by State and local law.
C. The Planning Commission, at a regular rneeting, considered the
Application and environrnental review on September 5, 2007, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this rnatter.
D. At the conclusion of the Comrnission hearing and after due consideration
of the testirnony, the Cornrnission approved Planning Application Nos. PA06-0369 and
PA07-0090 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Cornrnission, in approving the
Application hereby finds, deterrnines and declares that:
Develoornent Plan fDeveloornent Code Section 17.05.010.F\
A. The proposed use is in conforrnance with the General Plan for Ternecula
and with all applicable requirernents of State law and other ordinances of the City;
The project is consistent with the General Plan and the Development Code
because the project has been designed in a manner that it is consistent with the
applicable policies and standards for light industrial development. The proposed
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT PC-Reso DP & Minor Exc.doc
1
industrial use is permitted in the land use designation standards contained in the
General Plan and Development Code. The site is properly planned and zoned,
and as conditioned, is physically suitable for the type of development proposed.
The project, as conditioned, is also consistent with other applicable requirements
of State law and local ordinances, including the California Environmental Quality
Act (CEQA), the City Wide Design Guidelines, and fire and building codes.
B. The overall developrnent of the land is designed for the protection of the
public health, safety, and general welfare;
The overall design of the project, including site design, building height, setbacks,
parking, circulation, and other associated site improvements is intended to
protect the health and safety of those working in and around the site. The project
is consistent with all applicable policies, guidelines, standards and regulations
intended to ensure that the development will be constructed, and function in a
manner consistent with the public health, safety, and welfare.
Soecial Use Reaulations and Standards. Increase in Floor Area Ratio lDeveloornent
Code Section 17.08.050.A.2)
A. The project includes a use which provides outstanding and exceptional
benefits to the City with respect to the ernployrnent, fiscal, social and econornic needs of
the cornrnunity;
The project provides exceptional fiscal and economical benefits to the City in that
Professional Hospital Supply (PHS) is a major employer within the City, as well
as a large generator of sales tax revenue. PHS has experienced substantial
growth and their continued growth and expansion within the City will help to meet
the fiscal and economic needs of the community. The proposed expansion site
requires a four percent floor area ratio increase for a state of the art distribution
facility and office headquarters large enough to accommodate future growth of
PHS operations.
Minor Exceotion lDeveloornent Code Section 17.03.060.0\
A. There are practical difficulties or unnecessary hardships created by strict
application of the code due to the physical char~cteristics of the site;
There are practical difficulties related to the building construction and architecture
that make it difficult to meet the development standards for the Light Industrial
(LI) zone without the Minor Exception. In order to provide an appropriate ceiling
height for each of the office floors and visually screen roof top equipment the
cornice along the office portion of the building must be 50'8" in height, thus
requiring a one percent building height increase to meet the development
standards of the LI zone. Without the granting of the Minor Exception the
building would not meet the current standards, which poses a practical difficulty
and unnecessary hardship.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT PC Reso DP & Minor Exc.doc
2
B. The Minor Exception does not grant special privileges which are not
otherwise available to surrounding properties and will not be detrirnentalto the public
welfare or the property of other persons located in the vicinity;
The Minor Exception does not grant special privileges which are not otherwise
available to surrounding properties because the exception is consistent with
Development Code, which allows for up to a 15 percent deviation from the LI
development standard. The request for the Minor Exception allows for the one
percent height increase of 8" and special privileges have not been granted which
are not otherwise available by meeting the findings within the Development
Code. The granting of this exception will not be detrimental to the public welfare
or property of other persons within the vicinity as the height increase is only for
the office portion ofthe building, which is only 14 percent ofthe entire building
footprint.
C. The Minor Exception places suitable conditions on the property to protect
surrounding properties and does not perrnit uses which are not otherwise allowed in the
zone;
The Minor Exception to increase the building heightplaces suitable conditions on
the property to protect surrounding properties. The proposed project is for an
industrial building, which is permitted in the Light Industrial zone. The Minor
Exception will allow a one percent height increase, which will not allow for uses
which are not otherwise allowed in the zone.
Section 3. Environrnental Cornoliance. The Planning Cornrnission hereby
rnakes the following environrnental findings and determinations in connection with the
approval of the Developrnent Plan (PA06-0369) and Minor Exception (PA07-0090):
A. Pursuant to California Environrnental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environrnental effects of the approval of the
Developrnent Plan and Minor Exception as described in the Initial Study ("the Project").
Based upon the findings contained in that study, City staff deterrnined that there was no
substantial evidence that the Project could have a significant effect on the environrnent
and a Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public cornrnent period cornrnenced on August 4, 2007, and expired on Septernber 3,
2007. Copies of the docurnents have been available for public review and inspection at
the offices of the Departrnent of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comrnents were received prior to the public hearing and a
response to all the cornrnents rnade therein was prepared, subrnitted to the Planning
Cornrnission and incorporated into the administrative record of the proceedings.
G:\Planning\2006\PA06.0369 PHS Development Plan\Planning\PC\DRAFT PC Reso DP & Minor Exc.doc
3
D. The Planning Cornrnission has reviewed the Mitigated Negative
Declaration and all cornrnents received regarding the Mitigated Negative Declaration
prior to and at the date public hearing, and based on the whole record before it finds
that (1) the Mitigated Negative Declaration was prepared in cornpliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
environrnent; and (3) the Mitigated Negative Declaration reflects the independent
judgrnent and analysis of the Planning Cornrnission.
E. Based on the findings set forth in this Resolution, the Planning
Cornrnission hereby adopts the Mitigated Negative Declaration prepared for this project.
Section 4. Conditions. The Planning Cornrnission of the City of Ternecula
approves Planning Application Nos. PA06-0369 and PA07-0090, a Developrnent Plan to
construct a 608,934 square foot, three story industrial distribution building on 32.1
acres, and a Minor Exception to allow for a one percent building height increase, subject
to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated
herein by this reference.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT PC Reso DP & Minor Exc.doc
4
Section 5. PASSED, APPROVED AND ADOPTED by the City of Ternecula
Planning Cornrnission this 5th day of Septernber 2007.
Dennis Chiniaeff, Chairrnan
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Ternecula Planning Cornrnission, do hereby
certify that the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Cornrnission of the City of Ternecula at a regular rneeting thereof held on the 5th
day of Septernber 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT PC Reso DP & Minor Exc.doc
5
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT PC Reso DP & Minor Exc.doc
6
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0369 and PA07-0090
Project Description:
A Development Plan application to construct a three
story, 608,934 square foot industrial distribution building
for office and warehouse use, a 400 square foot pump
house on 32 acres (Parcel 4 of TTM 35181), and a Minor
Exception to allow for a one percent building height
increase from 50' to 50'8", located on the northwest
corner of Dendy Parkway and Winchester Road
Assessor's Parcel No.
909-370-018; 909-370-032
MSHCP Category:
Per the Development Agreement
DIF Category:
TUMF Category:
Per the Development Agreement
Per the Development Agreement
Approval Date:
September 5, 2007
Expiration Date:
September 5 2009
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of One Thousand Eight
Hundred and Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight
Hundred Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus
the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice
of Determination for the Mitigated Negative Declaration required under Public Resources
Code Section 21152 and California Code of Regulations Section 15075. If within said 48-
hour period the applicant/developer has not delivered to the Planning Department the check
as required above, the approval for the project granted shall be void by reason of failure of
condition [Fish and Game Code Section 711.4(c)].
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
1
GENERAL REQUIREMENTS
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
2
Planning Department
2. The applicant shall sign both copies of the final Conditions of Approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
3. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
4. The permittee shall obtain City approval for any modifications or revisions to the approval of
this project.
5. This approval shall be used within two years of the approval date; otherwise, it shall become
null and void. By use is meant the beginning of substantial construction contemplated by
this approval within the two-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this approval.
6. The Director of Planning may, upon an application being filed within 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one-year extensions of
time, one year at a time.
7. A separate building permit shall be required for all signage. (Sign program may be
required).
8. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
9. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be deemed
satisfied by staffs prior approval of the use or utilization of an item, material, equipment,
finish or technique that City staff determines to be the substantial equivalent of that required
by the Conditions of Approval. Staff may elect to reject the request to substitute, in which
case the real party in interest may appeal, after payment of the regular cost of an appeal, the
decision to the Planning Commission for its decision.
Material Color
Concrete Tilt-up Panels
ICI 632 Sutton Place
ICI815 Natural White
ICI 606 Song Sparrow
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
3
Parapet
Glazing
ICI815 Natural White
y." Gray
1 O. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner to
bring the landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
11. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department
inspection, prior to commencing painting of the building.
12. The applicant shall submit to the Planning Department for permanent filing two 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
Public Works Department
14. A Grading Permit for either rough and/or precise grading, including all on-site flat work and
improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way.
15. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
16. All improvement plans and grading plans shall be coordinated for consistency with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24" x 36" City of Temecula mylars.
17. The project shall include construction-phase pollution prevention controls and permanent
post-construction water quality protection measures into the design of the project to prevent
non-permitted runoff from discharging offsite or entering any storm drain system or receiving
water.
18. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and treatment
mechanisms.
19. The provisions for the design, improvement, lot configuration, public facility financing and the
following Conditions of Approval are predicated on the approval and full execution of a
Development Agreement between Temecula Properties, LLC and the City on or about
September 25, 2007.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
4
Building and Safety Department
20. The code analysis shall be printed on the plans along with the letter from the Director of
Building and Safety, dated September 12, 2006.
21. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
22. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on
March 31, 2003, this project will be subject to payment of these fees at the time of building
permit issuance. The fees, if applicable to the project, shall be subject to the provisions of
Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance.
23. Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
24. A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building and Safety Department to ensure the payment or exemption from School
Mitigation Fees.
25. Obtain all building plans and permit approvals prior to commencement of any construction
work.
26. Show all building setbacks.
27. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical
meter to provide power for the operation of exterior lighting, irrigation pedestals and fire
alarm systems for each building on the site. Developments with Single User Buildings shall
clearly show on the plans the location of a dedicated panel in place for the purpose of the
operation of exterior lighting and fire alarm systems when a house meter is not specifically
proposed.
28. Provide an approved automatic fire sprinkler system.
29. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans (California Disabled Access Regulations effective April 1, 1998).
30. Provide disabled access from the public way to the main entrance of the building.
31. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
32. Obtain street addressing for all proposed buildings prior to submittal for plan review.
33. Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21,
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
5
specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
34. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
35. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
36. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
37. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
38. Please be advised of the shell building/complete building policy in the City of Temecula
when preparing plans for submittals. It is our recommendation that buildings with a known
tenant or occupant be submitted as a complete building.
39. Buildings shall provide a house electrical meter to provide for operation of exterior lighting,
irrigation pedestals, and fire alarm systems for each building on the site.
40. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Prevention Bureau
41. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
42. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 4,000 GPM at
20 PSI residual operating pressure for a 4-hour duration. The Fire Flow as given above has
taken into account all information as provided (CFC 903.2, Appendix III-A).
43. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to public
streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be
located no more than 210 feet from any point on the street or Fire Department access
road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system (CFC 903.2, 903.4.2, and Appendix III-B).
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
6
44. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2.2).
Community Services Department
45. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
46. The Applicant shall comply with the Public Art Ordinance.
47. All parkways, entry way median, landscaping, walls, fencing and on site lighting shall be
maintained by the property owner or maintenance association.
48. The developer shall contact the City's franchised solid waste hauler to verify Trash
compactor specifications and servicing requirements prior to purchase and installation of any
equipment.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
7
PRIOR TO ISSUANCE OF GRADING PERMITS
G:\Planning\2006\PA06-0369 PHS Development Plan\Plannlng\PC\DRAFT COA PA06-0369.doc
8
Planning Department
49. Provide the Planning Department with a copy of the underground water plans and electrical
plans for verification of proper placement of transformer( s) and double detector check prior
to final agreement with the utility companies.
50. Double detector check valves shall be either installed underground or internal to the project
site at locations not visible from the public right-of-way, subject to review and approval by the
Director of Planning.
51. The recommendations contained in soils report(s), geotechnical report, and slope stability
report shall be implemented.
52. The Applicant shall submilto the Public Works Department an erosion control plan prepared
in accordance with City requirements.
53. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
54. The project proponent shall enter into a Treatment Agreement with the Pechanga Band of
Luiseno Indians. This agreement will address the treatment and disposition of cultural
resources and human remains that may be uncovered during construction as well as
provisions for tribal monitors.
55. Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to monitor all
grading, excavation and ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal monitors shall have the
authority to temporarily stop and redirect grading activities to evaluate the significance of any
archaeological resources discovered on the property, in conjunction with the archeologist
and the Lead Agency.
56. A qualified archaeologist monitor shall be present during all earthmoving activities. The
monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of
the find until it can be evaluated by the project archaeologist in conjunction with the
Pechanga Tribe. In the event of a new find, further testing, excavation, and/or reporting may
be required.
57. If cultural resources are discovered during the project construction (inadvertent discoveries),
all work in the area ofthe find shall cease, and a qualified archaeologist and representatives
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
9
of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and
make recommendations as to treatment and mitigation.
58. If human remains are encountered, all activity shall cease and the County Coroner must be
notified immediately. State Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a determination of the origin and
until treatment pursuant to Public Resources Code Section 5097.98 has been decided. The
Coroner shall determine if the remains are prehistoric, and shall notify the State Native
American Heritage Commission (NAHC) if applicable. Further actions shall be determined
pursuant to California Public Resources Code Section 5097.98.
59. The landowner shall agree to relinquish ownership of all cultural resources, including all
Luiseno sacred items, burial goods and all archeological artifacts that are found on the
project site to the Pechanga Band of Luiseno Indians for proper treatment and disposition.
60. All sacred sites within the project area are to be avoided and preserved.
61. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning
Application PA06-0370 shall be preserved in Open Space and recorded with the County
Recorder of Riverside County as a conservation easement for preservation purposed in
perpetuity. The %-acre of CA-RIV 237 shall not be subject to development, archeological
testing or ground-disturbing activities.
62. Cultural Resources Sensitivity Training (a 15-minute presentation) should be required for all
project personnel.
63. All impacts to the sandstone and fanglomerate members of the Pauba Formation should be
monitored full time at the beginning of grading. A trained paleontological monitor shall be
present during ground disturbing activities within the project area determined likely to contain
paleontological resources. Monitoring will be adjusted to spot checking if initial monitoring
shows negative results.
64. Upon encountering any significant fossils, salvage of all fossils in the area will be conducted
with additional field staff and in accordance with modern paleontological techniques.
65. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost
of storage. Itemized catalogs of all material collected and identified shall be provided to the
museum repository along with the specimens.
66. A report documenting the results of the monitoring and any salvage activities and the
significance of the fossils shall be prepared.
67. Any significant fossils recovered, along with the itemized inventory of the specimens, shall
be deposited in a museum repository for permanent curation and storage.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
10
Public Works Department
68. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private property.
69. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
70. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
71. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults, slope stability and potential for liquefaction. The report shall
include recommendations to mitigate the impact of ground shaking and liquefaction.
a. Based on geologic relationships and observations, the site lacks evidence to support
the existence/presence of Holocene faulting (i.e. broken soil horizon or shear
planes). The building site area is not traversed by an active fault that would affect
the stability of the cut slope proposed or the building structure. A certified
engineering geologist shall perform regular field reconnaissance during site
earthwork construction. This field mapping is intended to further evaluate site
conditions and limit the possibility that adverse conditions will be exposed that could
affect site stability.
72. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site and
upstream of this site. The study shall identify all existing or proposed public or private
drainage facilities intended to discharge this runoff. The study shall also analyze and identify
impacts to downstream properties and provide specific recommendations to protect the
properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities,
including acquisition of drainage or access easements necessary to make required
improvements, shall be provided by the Developer.
73. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
74. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
G:\Planning\2006\PA06-0369 PHS Development Plan\Plannlng\PC\DRAFT COA PA06-0369.doc
11
75. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
76. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet (ECS) recorded with any underlying maps related to the subject property.
77. Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
78. The applicant shall comply with the provisions of Chapter 8.24 of the T emecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
79. The Developer shall obtain any necessary letters of approval or slope easements for off-site
work performed on adjacent properties as directed by the Department of Public Works.
80. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee.
If the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
Fire Prevention Bureau
81. As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required (CFC 903.2).
82. Minimum outside turning shall be forty-five (45) feet for commercial buildings.
83. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2).
84. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches (CFC 902.2.2.1).
85. The gradient for a fire apparatus access road shall not exceed fifteen (15) percent (CFC
902.2.2.6 Ord. 99-14).
86. Prior to building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
12
87. Prior to building construction, this development shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau (CFC 902.2.1).
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
13
PRIOR TO ISSUANCE OF BUILDING PERMIT
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
14
Planning Department
88. The applicant shall submit a photometric plan, including the parking lot to the Planning
Department, which meets the requirements of the Development Code and the Palomar
Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not
adversely impact the growth potential of the parking lot trees.
89. Lighting within the proposed project adjacent to preserved habitat shall be of the lowest
illumination allowed for human safety and selectively placed, shielded, and directed away
from preserved habitat.
90. All downspouts shall be internalized on the office portion ofthe building. All downspouts for
the warehouse/distribution portion of the building shall be painted the same color as the
exterior of the building.
91. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location, number,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
b. Provide a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
c. A note on the plans stating that "Two landscape inspections are required: one
inspection is required for irrigation lines and a separate inspection is required for
final planting inspection."
d. A note on the plans stating that "The contractor shall provide two copies of an
agronomic soils report at the first irrigation inspection."
e. One copy of the approved grading plan.
t. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
g. Total cost estimate of plantings and irrigation (in accordance with approved plan).
h. The locations of all existing trees that will be saved consistent with the tentative map.
i. A landscape maintenance program shall be submitted for approval, which details the
proper maintenance of all proposed plant materials to assure proper growth and
landscape development for the long-term esthetics of the property. The approved
maintenance program shall be provided to the landscape maintenance contractor
who shall be responsible to carry out the detailed program.
j. Specifications shall indicate that a minimum of two landscape site inspections will be
required. One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two (2) hours without loss of
pressure. The second inspection will verify that all irrigation systems have head-to-
head coverage, and to verify that all plantings have been installed consistent with the
approved construction landscape plans. The applicant/owner shall contact the
Planning Department to schedule inspections.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
15
92. Plants selected for slope landscaping shall be light-weight, deep rooted type vegetations that
require little water and are capable of surviving with little irrigation.
93. Landscape plans shall be prepared for all slopes created by the grading and fill of the site
consistent with "Slope Planting Guidelines" and the Development Code, and shall provide
erosion control on undeveloped portions of the site.
94. Landscape plans for Parcel 4 shall include the off-site slopes created by the development of
Parcel 4 (including but not limited to the slopes proposed within Parcel 2 and the detention
basin proposed within Parcel 1). All landscaping shall be installed and maintained in
satisfactory condition by the property owner.
95. If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project (including but not limited
to walls and parking areas).
96. All utilities shall be screened from publiC view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a three foot clear zone
around fire check detectors as required by the Fire Department before starting the screen.
Group utilities together in order to reduce intrusion. Screening of utilities is not to look like
an after-thought. Plan planting beds and design around utilities. Locate all light poles on
plans and insure that there are no conflicts with trees.
97. All rooftop mechanical equipment shall be screened, or the views minimized, from all
existing and future public right-of-ways.
98. Building Construction Plans shall include detailed outdoor areas (including but not limited to
trellises, decorative furniture, fountains, and hardscape) to match the style of the building
subject to the approval of the Planning Director.
99. Building plans shall indicate that all roof hatches shall be painted "International Orange."
100. The construction plans shall indicate the application of painted rooftop addressing plotted on
a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals
shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied
over a contrasting background. The address shall be oriented to the street and placed as
closely as possible to the edge of the building closest to the street.
Public Works Department
101. Improvement plans and/or precise grading plans shall conform to applicable City of
T emecula Standards subject to approval by the Director of the Department of Public Works.
The following design criteria shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
b. Driveways shall conform to the applicable City of T emecula Standard No. 207 A.
c. Street lights shall be installed along the publiC streets adjoining the site in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400. 401 and 402.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
16
e. Improvement plans shall extend 300 feet beyond the project boundaries.
f. Minimum centerline radii shall be in accordance with City of Temecula's Standard
No. 113.
g. All street and driveway centerline intersections shall be at 90 degrees.
h. Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top of curb and flowline grades.
i. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
102. The Developer shall construct the following public improvements to City of Temecula
General Plan standards unless otherwise noted. Plans shall be reviewed and approved by
the Director of the Department of Public Works:
a. Winchester Road (Major Arterial Standards - 100' R/W) between Dendy Parkway
and the southern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
b. Dendy Parkway (Major Arterial Standards - 100' R/W) between Winchester Road
and the eastern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
c. Remington Avenue (Industrial Collector Highway Standards - 78' R/W) to include
dedication of full width street right-of-way, installation of full width street
improvements, curb and gutter, sidewalk, painted median, street lights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
d. Remington Avenue and Winchester Road intersection to include a stop control on
the eastbound leg of Remington Avenue for an all-way stop controlled intersection
and a striped 200-foot northbound left turn pocket. In addition, secure with a cash
deposit to include a year 2009 traffic analysis to determine traffic signal warrants and
a fair share contribution for the design and installation of a traffic signal.
e. Cherry Street (Major Arterial-100' R/W)
i. Dedication of half-width street right-of-way
103. All street improvement design shall provide adequate right-of-way and pavement transitions
per Caltrans' standards for transition to existing street sections.
104. The Developer shall construct the following public improvements in conformance with
applicable City Standards and subject to approval by the Director of the Department of
Public Works.
a. Street improvements, which may include, but not limited to: pavement, curb and
gutter, medians, sidewalks, drive approaches, street lights, signing and striping.
b. Storm drain facilities.
c. Sewer and domestic water systems.
d. Under grounding of proposed utility distribution lines.
G:\Planning\2006\PA06-0369 PHS Development Plan\Plannlng\PC\DRAFT COA PA06-0369.doc
17
105. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works.
106. All access rights, easements for sidewalks for public uses shall be submitted and reviewed
by the Director of the Department of Public Works and City Attorney and approved by City
Council for dedication to the City where sidewalks meander through private property.
107. The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
108. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
109. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08.
Building and Safety Department
110. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
Fire Prevention Bureau
111. The developer shall furnish three copies of the water system plans directly to the Fire
Prevention Bureau for approval prior to installation. Plans shall be signed by a registered
civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to
hydrant type, location, spacing and minimum fire flow standards. After the plans are signed
by the local water company, the originals shall be presented to the Fire Prevention Bureau
for signatures. The required water system including fire hydrants shall be installed and
accepted by the appropriate water agency prior to any combustible building materials being
placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire Protection Association
24 1-4.1).
112. All locations where structures are to be built shall have approved Fire Department vehicle
access roads to within 150 feet to any portion of the facility or any portion of an exterior wall
of the building(s). Fire Department access roads shall be an all weather surface designed
for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet (CFC sec 902).
113. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau.
114. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. The alarm
system requires a dedicated circuit from the house panel. Three sets of alarm plans must be
submitted by the installing contractor to the Fire Prevention Bureau.
115. Fuel modification plans shall be submitted to the Fire Prevention Bureau for review and
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
18
approval for all open space areas adjacent to the wildland-vegetation interface (CFC
Appendix II-A).
116. Plans for structural protection from vegetation fires shall be submitted to the Fire Prevention
Bureau for review and approval. The measures shall include, but are not limited to,
enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification
zones (CFC Appendix II-A).
Community Services Department
117. The developer shall complete the TCSD application process, submit an approved Edison
Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting
into the TCSD maintenance program.
118. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
19
PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
G:\Planning\2006\PA06-0369 PHS Development Plan\Plannlng\PC\DRAFT COA PA06-0369.doc
20
Planning Department
119. If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project.
120. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall be required to screen all loading areas and roof mounted mechanical equipment from
view of the adjacent residences and public right-of-ways. If upon final inspection it is
determined that any mechanical equipment, roof equipment or backs of building parapet
walls are visible from any portion of the public right-of-way adjacent to the project site, the
developer shall provide screening by constructing a sloping tile covered mansard roof
element or other screening if reviewed and approved by the Director of Planning.
121. All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
122. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department for a period of one
year from final certificate of occupancy. After that year, if the landscaping and irrigation
system have been maintained in a condition satisfactory to the Director of Planning, the
bond shall be released upon request by the applicant.
123. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height of 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating
the following:
"Unauthorized vehicles parked in designated accessible spaces not
displaying distinguishing placards or license plates issued for persons with
disabilities may be towed away at owner's expense. Towed vehicles may be
reclaimed by telephoning (951) 696-3000."
124. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
three square feet in size.
125. All site improvements including but not limited to parking areas and striping shall be installed
prior to occupancy or any use allowed by this permit.
126. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
21
Public Works Department
127. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation.
128. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
129. All public improvements, including traffic signals, shall be constructed and completed per the
approved plans and City standards to the satisfaction of the Director of the Department of
Public Works.
130. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention Bureau
131. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
132. Approved numbers or addresses shall be provided on all new and existing buildings in such
a position as to be plainly visible and legible from the street or road fronting the property.
Numbers shall be of a contrasting color to their background. Commercial shall have a
minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size.
All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front
and rear doors (CFC 901.4.4).
133. Based on square footage and type of construction, occupancy or use, the developer shall
install a fire sprinkler system (CFC Article 10, CBC Chapter 9).
134. Based on a requirement for monitoring the sprinkler system, occupancy or use, the
developer shall install an fire alarm system monitored by an approved Underwriters
Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation (CFC Article 10).
135. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in
height and be located to the right side of the main entrance door (CFC 902.4).
136. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel (CFC 902.4).
137. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
22
138. Buildings housing high-piled combustible stock shall comply with the provisions of Uniform
Fire Code Article 81 and all applicable National Fire Protection Association standards. The
storage of high-piled combustible stock may require structural design considerations or
modifications to the building. Fire protection and life safety features may include some or all
of the following: an automatic fire sprinkler system(s) designed for a specific commodity
class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads (CFC Article 81).
139. Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions California Fire Code Article 81 and all applicable
National Fire Protection Association standards (CFC Article 81).
140. The developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other hazardous
materials from both the County Health department and Fire Prevention Bureau (CFC 7901.3
and 8001.3).
141. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format
must be submitted to the Fire Prevention Bureau. Alternative file formats may be
acceptable, contact Fire Prevention for approval.
142. The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the City; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports (CFC Appendix II-E).
143. If there are changes to underlying maps then prior to map recordation the applicant shall
submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County
standards) digital version of the map including parcel and street centerline information. The
electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in
a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the
data as to completeness, accuracy and format prior to satisfaction of this condition.
144. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per
the Fire Code and is subject to inspection (CFC 105).
G:\Plannlng\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
23
OUTSIDE AGENCIES
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
24
145. The applicant shall comply with the recommendations set forth in the Department of
Environmental Health transmittal dated January 17, 2007, a copy of which is attached.
146. The applicant shall comply with the recommendation set forth in the Rancho Water District's
transmittal dated December 27,2006, a copy of which is attached.
147. The applicant shall comply with the recommendations set forth in the Eastern Information
Center's transmittal dated December 19, 2006, a copy of which is attached.
148. The applicant shall comply with the recommendations set forth in the Pechanga Cultural
Resources comment letter dated December 22, 2006, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these Conditions of Approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
25
~ DE~AIirMENTIOFIENvlRONMENTALGHEAtTH
~ 111!"'"ill~"'".",,""'""'''~"'' ~1.""'"'"'.',''."~II'''.''.'"'"'"'"'''~''''''''''''W.~''~'l..I''''''''''',.....Il"'...,,'"....,'~"'..,'_"".'"''''..""...'''''.'_
January 17,2007
City of Temecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
Attention: DanaSchuma
RE: Development Plan No. P A06-0369
L" ~.~
i 8
'1
)
Rv,,~....,"_..__
;tt"b';ii1;
_ ,..+)~:li u i ;:::~':
Dear Ms. Schuma:
Department of Environmental Health has reviewed the development plan to construct a three story,
615, 050 square foot tilt-up industrial building for office and warehouse used and 400 square foot
pump house on 36.2 acres. The project is located on the northwest comer of Dendy Parkway and
Winchester Road. The site plan does indicate if either water and sewer services exist, we assume that
these services are in and are available.
1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING
SHOULD BE REQUIRED:
a) ''Will-serve'' letters from the appropriate water district.
b) If there are to be any food establishments, (including vending machines), three complete
sets of plans for each food establishment will be submitted including a fixture schedule,
a fInish schedule and a plumbing schedule in order to ensure compliance with the
California Uniform Retail Food Facilities Law 2. For specifIc reference, contact Food
Facility Plan Examiners at (951) 461.0284.
..;,;3:
,,1--
. --'}
Sin;e/b I ~
saW~, Supervising
(951) 955-8980
NOTE: Any current additional .."''1....:..._~.mts not covered. can be applicable at time of Building Plan review for final Der................~ of
E......:....................~ Health clearance.
Local Enforcement Agency. P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (90g) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501
Land Use and Water Engineering. P.O. Box 1206, Riverside, CA 92502-1206 . {909} 955c8980 . FAX (909) 955-8903 0 4080 Lemon Street, 2nd Floor, Riverside, CA 92501
/
@
Bancho
Water
Board ofDireetors
Ben R. Drake
President
Stephen J. Corona
Sr. Vice President
Ralph H. Daily
Lisa D. Herman
John E. Hoagland
Michael R. McMillan
William E. Plummer
Officers:
Brian J. Brady
General Manager
Phillip L Forbes
AssiStant General Manager /
Chief Financial Officer
E. P. "Bob" Lemons
Director of Engineering
Perry R. Louck
Director of Planning
JeffD. Armstrong
Controller
KeUi E. Garcia
DistrictSecretal'y
C. Michael Cowett
Best Best & Krieger LLP
General Counsel
,- ~."'
! ,
December 27,2006
I.- .
~~~ ~~
....,.,
~~,~;.~~.~, ~'--
Dana Schuma, Project Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT: WATER AND SEWER AVAILABILITY
PROFESSIONAL HOSPITAL SUPPLY
PARCEL NO. 4 T~NTATIVE PARCEL MAP NO. 35181
APN 909-370-018 AND APN 909-370-032
CITY PROJECT NO. P A06-0369, P A06-0370
[TEMECULA PROPERTIES, LLC]
Dear Ms. Schuma:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD), and fronts an existing
12-inch diameter water pipeline, and 8-inch diameter sewer pipeline. Water and
sewer service, therefore, would be available upon the completion of financial
arrangements, between RCWD and the property owner.
If new facilities are required for fire protection or other, the customer will need to
contact RCWD for fees and requirements.
In addition, water availability is contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
~1JPl
Corey F. Wallace, P.E.
Development Engineering Manager
cc: Laurie Williams, Engineering Services Supe.rvisor
06lCW:at135\FEG
Rancho California Water District
42135WinchesterRoad . Post Office Box 9017 . Temccu\a, California 92589-9017 . (951)296-6900. FAX(951)296-6860
www.ranchowater.com
,"'"
:..:;;:::! )
f
/
.",
EASTERN INFORMATION CENTER
CALIFORNIA HISTORICAL ~ESOURCES INFORMATION SYSTEM
Department of Anthropology, University of California, Riverside, CA 92521-0418
(951) 827-5745 - Fax (951) 827-5409 - eickw@ucr.edu
Inyo, Mono, and Riverside Counties
December 19, 2006
TO: Dana Schuma
City of Temecula Planning Department
RE: Cultural Resource Review
Case: PA 06-0369/DP/PHS and PA 06-0370jTPMjPHS
Records at the Eastern Information Center of the California Historical Resources Information System have
been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources:
The proposed project area has not been surveyed for cultural resources and contains or is adjacent to known
cultural resource(s). A Phase I study is recommended.
Based upon existing data the proposed project area has the potential for containing cultural resources. A Phase
i study is recommended.
~ Phase I cultural resource studies (RI-3279, 4258, and 6280) identified one or more cultural resources.
The project area contains, or has the possibility of containing, cultural resources. However, due to the nature
of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further
study is not recommended. .
A Phase I cultural resource study (RI-
recommended.
) identified no cultural resources. Further study is not
There is a low probability of cultural resources. Further study is not recommended.
If, during construction, cultural resources are encountered, work should be halted or diverted in the immediate
area while a qualified archaeologist evaluates the finds and makes recommendations.
Due to the archaeological sensitivity of the area, earthmoving during construction should be monitored by a
professional archaeologist.
~ The submission of a cultural resource management report is recommended follOWing guidelines for
Archaeological Resource Management Reports prepared by the California Office of Historic Preservation,
Preservation Planning Bulletin 4(a), December 1989.
_ Phase I
A Phase II
A Phase III
Phase IV
Records search and field survey
Testing [Evaluate resource significance; propose mitigation measures for "significant" sites.]
Mitigation [Data recovery by excavation, preservation in place. or a combination of the two.]
Monitor earthmoving activities
COMMENTS:
The project area has been generally examined in the course of several previous studies (RI-1121, 3279,
4258, and 6280), resulting in the recordation of three archaeological sites (CA-RIV-0237, -4786, and -
4986) and identification of possibly a fourth cultural resources property (not formally recorded [RI-6280]).
It is recommended that the four sites be re-Iocated, their condition assessed, and a plan deveioped as
necessary to evaluate the potential significance of these cultural resources.
If you have any questions, please contact us.
Eastern Information Center
PECHANGA CULTURALRESOURC.ES
Temecula Band qf Luiseiio A1ission Indians
Chairperson:
Germaine Arenas
ViC:cChairpcrso~;
MaryBcar Magee
Post Qffice. Box 2183. Temccula, CA92593
Telephone (95l) 308-9295 . Fa.'< (951)50&.9491
Committec.Mcll1bcrs:
Raymond Ba~qll(:z. Sr.
Evic Gerber
Darlene -Miranda
Bridgett Barcello Maxwell
December 22, 2006
Director:
Gary DuBois
Coordinator:
Paul Macarro
SENT VIAFACSIMILE AND E~MAIL
CulturnlAoaiyst:
Stephanie Gordin
Dana Schuma, Project Planner
City ofTemecula
Planning Department
PO Box 9033
Temecula, CA 92589-9033
MOIJ!tQr Sup_crvisor.
AurClia Manuffo
Re: Comments on PA06-0361)/PA06-0370
Dear Ms. Schuma:
This comment letter is submitted by the Pechanga Band of Luisefio Indians (hereinafter,
"Pechanga Tribe"), a federally recognized lndiantribea)id sovereign govern!"l1ent. We request that
this letter and all of the Tribe's comments be part of the official record fOr the approval of tbis
Project. We also request that the City of TeIllecu]a provide us. With copies of all atcheological
studies, reports, site records, proposed testing plans, and proposed miti~tion measures, and
conditions as soon as they becomeavai)aP!e. We are also requesting thatthe Tribe be on them;liling
list for this Project so that we receive all notices, public documents, and hearing noticespertairiing to
this Project.
The Pechanga Tribei~ req\lestingtQ be constilted,wlth.on the above- HstedProjects, and we
have been attempting to get moreinrOnilation from the City Planlierso that.we can provide written
comments, but have received no. re$pon~e. At this time the tribe understands that the PrQjects still
will go through an environmental. review process. As Stl9h, the Tribe is requesullgpUl"$Uant tc
921083.1 of the. Public ResourGes Code to be involved in this process, incll1dingreql1estingn.otice of
all comment periods andpublicheadngs. If these Projeots will 110t be subject to CEQA, either
pursuant to a CEQA Exemption or for some other reason, the Tribe requests to meet with the City
regarding our Goncems prior to any grading permits being granted forthese Projects.
PROJECT IMPACTS 1'0 CULTURALRESOl1.'RCES
As the City is aware, there isa significant archeological and cultural viHage, knoWliprimarily
as CA-RIV 237, located on the Project property. This site is known to contain saored items and
Native American human remains and has been designated With an avoidance status by the City on
previous projects. Previous developers have also agreed to leave certain areas of the village
preserved in open space. There are also other details concemingthe resources that the City needs to
be aware of prior to proceeding with any Project approval for this geographic area. The Tribe
Sacred Is The Duty Trusted Unto Our Care And With Honor WeRise To The Need
Pechanga Letter dated 12/22/2006, to City ofTemecula
Re: Comments on PA06-0369/PA06-0370
Page 2
fonnally requests to meet with the City concerning these issues prior to these Projects receiving any
approvals.
The Pechanga Tribe is not opposed to this development project. The Pechanga Tribe?s
primary concerns stem from the project's likely impacts on Native American cultural resources. The
Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources,
such as Luiseiio village sites and archaeological items which may be displaced by ground-disturbing
work on the project, and on the proper and lawful treatment of cultural items, Native American
human remains and sacred items that may be discovered in the course of the work.
The Pechanga Tribe has a legal and cultural interest in the proper protection of sacred places
and all Luiseno cultural resources that are located on these Project properties. Given that Luiseiio
cultural resources may be affected by the Project, the Pechanga Tribe is formally requesting to be
involved and participate with the Lead Agency and the Project Applicant in developing all
monitoring and mitigation plans for the duration of the Project. Further, given the potential for
archaeological resources within the Project area, it is the position of the Pechanga Tribe that
Pechanga tribal monitors should be required to be present during all ground-disturbing activities if
such activities are conducted in native soils that have previously not been subject to mass grading,
including any archeological testing performed. It is further the position of the Pechanga Tribe that an
Agreement regarding appropriate treatment of cultural resources be drafted and entered into by and
between the Project Applicant and the Pechanga Tribe. This Agreement will also address inadvertent
discoveries and the issues with regard to the existing resources on the Project property. The
Pechanga Tribe also requests that all existing sacred sites on the Project property be preserved.
The Pechanga Tribe believes that if human remains are discovered, State law would apply
and the mitigation measures for the pennit must account for this. According to the California Public
Resources Code, ~5097.98, if Native American human remains are discovered, the Native American
Heritage commission must name a "most likely descendant," who shall be consulted as to the
appropriate disposition of the remains. Given the Project's location in Pechanga territory, the
Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or
items discovered in the course of this project. The Agreement mentioned above would also address
Native American human remains as well.
Lastly, in the case of discovery of new or additional sites or resources, the Pechanga Tribe
requests that all new sacred sites be preserved, and that the Lead Agency commit to re-evaluating the
Project impacts to cultural resources and adopting appropriate mitigation measures to address such
inadvertent discoveries. The Pechanga Tribe intends to assert its legal rights with respect to
additional finds of significant sites or cultural resources which are. of sacred and ceremonial
significance to the Pechanga Tribe.
The Pechanga Tribe looks forward to working together with the City of Temecula Planning
Department and other interested agencies in protecting the invaluable Luiseiio cultural resources
Pechallga Cultural Resources. Temecu/a Band of LuiseHo Missiol1lndialts
PostO.ljiceBox 2/83' Temeculo, CA 92592
Sacred Is The Duly Trusted Unto Our Care And With Honor We Rise To The Need
Pechanga Letter dated 12/22/2006, to City ofTemecula
Re: Comments on P A06-0369/P A06-0370
Page 3
fonnd in the Project area. If you have any questions, please do not hesitate to contact me at (951)
308.9295.
Please contact me as soon as possible to set up a meeting time concerning the Tribe's issues.
Thank yon for the opportunity to submit these comments.
Sincerely,
~~
Dale Foster
Cultural Analyst
Cc; Debbie Ubnoske, City Planning Director
David Hogan, CityPlanningDepartJnent
Pechanga Legal DepartJnent
Peclzanga Cultural Resources' Temecula Baud of Luisefio Affssionll1diaJ1s
Post CJffice Box 2183' Temecllla, CA 92592
Sacred L, The Duty Trusted Unto Gur Care And With Honor We Rise To The Need
ATTACHMENT NO.7
INITIAL STUDY
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\PC STAFF REPORT. doc
19
City of Temecula
Planning Department
Notice of Proposed Negative Declaration
PROJECT:
A Development Agreement (PA07-0220), General Plan Amendment (PA07-
0048), Tentative Tract Map No. 35181 (PA06-0370), and Development Plan
(PA06-0369) with a Minor Exception (PA07-0090)
APPLICANT:
Temecula Properties, LLC
LOCATION:
Located at the northwest corner of Dendy Parkway and Winchester Road
DESCRIPTION:
A Development Agreement, General Plan Amendment, Tentative Tract Map,
and Development Plan with a Minor Exception for a 608,934 square foot
industrial building on 32 acres, and for the future development of the remaining
52 acres to include industrial,commercial, retail., high-density re$idential, and/or
public institutional facility land uses
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 Director of Planning intends to adopt a Negative Declaration for this project.
The mitigation measures required to reduce or mitigate the impacts of this project on the environment
are included in the project design and/or the Mitigation Monitoring Program which is attached to this
Notice and will be included as part of the Negative Declaration for this project.
The Comment Period for this proposed Negative Declaration is August 4, 2007 to September 3, 2007.
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:
The Local Newspaper if
Posting the Site if
Notice to Adjacent Property Owners
If you have any questions rycerning this project, please contact Dana Schuma at (951) 694-6400.
Prepared by: t4( J Ii~. .' Dana Schuma. Associate Planner
(Signature) (Title)
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\NOI.doc
1
ofTJ<\fec
&"" "<,.
~~
-.....,9'09/,r
City of Temecula
I PA06-0370 I
-,"----
'.\
), '~,
,/ "
'.'
:/
., ,
'v
\^\' )< i:',
" ,,,{./';-'''-'
.",. ''-,# ,;~~"
~";."
~~![~jft~}ff,0~27(1~e\f/ .
r Project Site"
::-':"-';1'
i:'
I'
\ ,-,
'-':\;-'
<,<::">'.
"~.~: -'.'"
'......, ,. ,-~;.?
I~l
,I,'
-r,
-----
- -_-___::~ -~---:--:i:;:-.;:_- ' :)
Legend
o
600
1,200
2,400
3,600
po,j
J
Feet
,'-
ThiS map was made by the City of Temecula GeographiC Information System
The map IS denved from base data produced by the Rwerslde County Assessor's
Department and the Transportation and Land Management Agency of Riverside
County The City of Temecula assumes no warranty or legal reSDonslblhty for the
Informabon contained on thiS map Data and Information representeJ 011 thiS map
are subJect to update and modilicabon. The GeographiC Information System and
other sources should bequened for the most current information
This map IS not for repnnt or resale
R \GIS\AaronMISMS Templateslsms_template mxd
~,
'V.,r,
"
'4; s":> '
':1-, &-0
~ ~
{'~11/
;~O
~'\,
'"
\
k
~
~<'
',- ,'';.i
"~~. 'y7'~;"\
\..i:: / , ",'"
'\'1"& ." "
/'r~.y '(;';\'Y--
( / >"' ~-1t-" ,., __L<:,
~'f~(~):,~<"-7" ~, 'y
&'.... '<\, V'/'\ A~, '~-' \,-'
~0'\..>(> ty,,->tl '" "" / \ '
;; '(.' :,('>~k.,.' '" ,//
'-'v ~$" (
(,.' ':ci<v,<<-i' ','<
"':''-, \y;~4"
),.;..-.
./
"
"
.,'
.,,,,+
"
;/"'..
--;f "'-
,'.,7~" ,
."".
-+~"
;il'''
A'.'
" 0(
""/~ "-
'y "
;/ "\. .'"
.j ~\O*.,'.
. _jl" /r~C'
/~!# /.--
l"~/~ /'
j/ //"-"\
'-~r .,r'" <
~..\ ;/ \
" /
'\( ,1,\
.~ ,f-'"
--'7\. /"',&'S;', '.
..' '\, // .R ", ",~
, . "
\ ",i _/
'"
.~
. ".
'"
~..~
"+" L;;
~, "'S";;;
" -%
.,~. F ~...
'. ~
'I"~ 1?,/ /
". /",< /~/
"'" ,/"
\..,v'-::- . ",/
\'~<-.: )
~"''''
'"
"~~~~
',,\>..
'\ ..'\.;-
'''.
'"
""'..
'''.
~~~ ""..
,,' '~C,y, '''.
00. ", '
- ;<jUf~RN'KRO-~1 ,i__
; , .,. ...........---:;;-,;;;;;;,:;;
~'V~
~-<"
'00
"'%,
. U'..s>.
~t-,
."
~.
oS'-s;,1;:
Q~
01-
"i'..;.:
\',
,.il,v .
.~'"
~0
.}-
<vv~
~\ \
~),
. "
~.
<1~
"
'<
\d,
\~
'l>
'ifo
. ':
. .
,/
'-(,
Project Site
V"Gl€~
, ~
'b
\',
'!YeP"
, O';;j,
c.~~
'\
o
,'b '
\0z
, r*-
, . Q ,
, ~~
,'1,?;.,
,.-
,
~'^- i
")."'--
II"
\i?'
~
W
" ,i?,
t:'!lF'- '
'/
".
,-,Ii
,''\
~3
"'
. ,0
,~
i "Or.:{,-0RO~~~~~:;..::-_,,--;-__, //i~ '
-:p..\JE.t4.\O~, I i ---~~"'
--I : I' )..rr-'>.:::.--: ,
'" -'~~--.\\
g I T~\~~'~
L i< ,I ! ---'<
14 ' \
/Jj -~,--.--.J \ '
,~--~r--' i \ .
.<1:" '
-~' !
,~'--
...
, .' '\ -' \/~- /,
<'C;~y\)~,__/ /.- \'
S:~ '-.;'./' , \~, -':
fi:5. /
~~ \,)'
"\ '. ~-"
.#~ .
'-'~ \,
'-\,\'
i'l\
.------;'i
"
"(
, .
')''"< '
"<,J~
~ ~G:> '-
.9~ ~
~~ ,~~
, ~('..
,.C7-?
\'
'''_i().~9R''1
'0"', ..
.0"
:'-,"';,
-10. /' .
'1~",
lS'.'."
5~v
,
,
,.
,
/
,~0:'"
1..~~'
" /iv~
>:~9
-rP'
"r
, ,j'\,
'.~t,'
/
,
" ,
,'/,
r
,
;.:-, /,,'
,C ,7/
t- !'l' ,
\--------'1" -I...
\/<:~ '-
"
. ~o/.
'~
, , --?6.~_
"
.#
G'\9~
- ~-~~.;,,:..\~
:../
:, ,'~,/<
\" /,( \
i . )-':;,\ \ "
, 0'9 L \, "../'" ,/
i;;' ....
J', ~/~
\./, '-
" ," "<
',.<f;?~' , " , -,
v.,,~'" >^,,", /.'
, "5,,, '<' '-
'.,.x-.'?-'( ,'y'
--IN~Y'- ", ,<,-(f)-
0' '6~v
~__ / <S'
- ~'
)<
,~
..
L..-
- ---~
~--C'~ "
/\ \" ' , \.~.
"\\ \--
_\_""1"
..'-.
./
/~, /"-'
'./
...
ro
g,-
.~
"
~,
"
/
'/
...
./
, QO'
/, ,nJ",
, " -\'f!" ,
, 1 .
, ;p.Q~/
)'"'. //~"" /
,Y. '
'//
., ,
F /~y
~
....y
'....
7
,,/','
,/
y
:\-
'../'
~\f -
/
,(
I.
....
"\
\ro
\!
500
-7//
"I
Ii
\\\
2,000
'.
3,060
4,000
,Feel
1,000
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Project Title
Lead Agency Name and Address
Contact Person and Phone Number
Project Location
Project Sponsor's Name and Address
General Plan DesiQnation
ZoninQ
Description of Project
Environmental Checklist
Development Agreement between Professional Hospital Supply
(PHS), the Garrett Group, and the City of Temecula, a Generai Plan
Amendment, a Tentative Tract Map, and a Development Pian
City of T emecula
P.O. Box 9033, Temecuia, CA 92589-9033
Dana Schuma, Associate Planner
(951) 694-6400
Generally located at the northwest corner of Winchester Road and
Dendy Parkway in the City of Temecula, County of Riverside,
California
The Garrett Group
One BetterWorld Circle
Temecula, CA. 92590
Industrial Park (IP)
LiQht Industrial (L1)
Temecula Properties LLC is applying to the City of Temecula for a
Development Agreement (PA07-0220) and General Plan Amendment
(PA07-0048), which will authorize the development of an
approximate 84 acre property generally located at the northwest
corner of Winchester Road and Dendy Parkway in the City of
Temecula. A Tentative Tract Map (TTM 35181, PA06-0370) will
subdivide the approximate 84 acre site into four developable parcels
and one 16-acre easement parcel for slope and drainage purposes.
A future Specific Plan will define the anticipated land uses and
development standards for three of the four developable parcels.
The Specific Plan will accommodate for future industrial, commercial,
retail, high-density residential, and/or public institutional facility land
uses on the three parcels totaling approximately 45 acres. A
Development Plan (PA06-0369) for Parcel 4 proposes a new
industrial medical distribution facility for Professional Hospital Supply
(PHS) Corporation on approximately 30 acres. The entire project site
is located in an urbanized area surrounded by industrial and
commercial land uses.
The Development Plan for Parcel 4 will allow PHS to expand their
operations onto this site from another location in the City. The
proposed plan provides for a development of up to 608,934 square
feet of building area. The project will consist of a three-story
industrial building for office and warehouse/distribution use, and a
400 square foot pump house. Primary access to the' proposed
development will be provided via an entrance off of Dendy Parkway,
with secondary access provided via an entrance off of a proposed
extension of Remington Avenue. Parking to accommodate the
proposed development will be accomplished by 399 surface parking
spaces.
The precise site layout, including the appearance of the buildings and
facilities for Parcels 1, 2, and 3 created by TTM 35181 will be
determined at a later date with subsequent entitlement applications.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
1
Surrounding Land Uses and Setting
The Development Agreement and General Plan Amendment only
authorize the overall development of these parcels. The future
Specific Plan will specify the exact land uses for each of the parcels.
Development plans for the individual parcels will be subject to a City
develooment review process.
The project site is surrounded by undeveloped property to the north,
east, and west, and industrial development to the south. The
property located directly to the east is the Temecula Redevelopment
Agency's property.
See Attachment B
Other public agencies whose approval None
is required
y~
";" / ~.
.../ I I~/
.\\ .rj/ ~I~',,:.c, Sic. .~
/,/; '~
!~--:"v~ / " ~.
j I J(1";')~b\
,~~r-0~
.r'\, '.r ,/' ~ i~->:.
~ t,~('/ / "-."\" ",
r~ ;_/~\,
- / /'/f'~r'\ \
~\/
"\.:.,
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS. doc
2
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.
1-/
1
1-/
1-/
1-/
1-/
1
1
1
1
1-/
I
1
1 Mineral Resources
1 Noise
I Population and Housinq
Public Services
I Recreation
T ransportation/T raffic
Utilities and Service Systems
Mandatory Findinqs of Siqnificance
I None
Aesthetics
Agriculture Resources
Air Quality_
Bioloqical Resources
Cultural Resources
Geoloqy and Soils
1 Hazards and Hazardous Materials
I Hydroloqy and Water Quality
Land Use and Planninq
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
-/ I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an 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. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothinq further is required.
,.7 V/I),
(;//~/ (/~~
Sig'miture V
? II /jj--
Date
rJ ~A_~ /. fl b ff1 ~
Printed Name
Citv of Temecula
For
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
3
1. AESTHETICS. Would the project:
I a.
b.
Issues and Suoqortinq Information Sources
Have a substantial adverse effect on a scenic vista?
Substantially damage scenic resources, including, but not
limited to, trees, rock outcrop pings, and historic buildings
within a state scenic highway?
Substantially degrade the existing visual character or
guality of the site and its surroundings?
Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the
area?
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incarcorated
-/
Less Than
Significant
Impact
No
Impact
,,'
I c.
d.
-/
-/
Comments:
1.a. Potentially Significant Impact Unless Mitigation Incorporated: The project could potentially affect a
scenic vista. The project site is located within an urbanized area directly adjacent to an open space
hillside. The entire 84 acres is currently undeveloped land. Implementation of the proposed project
would convert a vacant hillside into a mix of development with supporting parking facilities and
landscaping. The location and elevation of the developable parcels as well as the proposed 608,934
square foot building for PHS could potentially block visibility to portions of the hillside; therefore,
impacting public views of the hillside and the open space area.
To address this concern, Section 17.08.070 of the City Development Code provides performance
standards and criteria for the design of commercial/office/industrial buildings within the City, recognizing
that the quality and compatibility of building design directly impacts the health, safety and welfare of the
residents of the community. These performance standards include strategies for minimizing visual
impacts of commercial/office/industrial development through a variety of building design elements. The
project will also be required to comply with the height and landscape standards in the Development
Code. The maximum building height for the LI zone is 50 feet and a minimum 20 percent of the site
shall be landscaped. Quality landscaping has the potential to significantly reduce potential visual
impacts from development. In addition, the General Plan Community Design Element implements
hillside grading and site design requirements that help to preserve the integrity of natural slopes. The
following supplemental measure will be implemented as part of the mitigation monitoring program to
minimize the visual and aesthetic impacts from this project to a less than significant level.
Mitioation
1. To ensure that the scale and character of proposed development along the hillside does not
detract from the natural views, all structures associated with the development shall be designed
in conformance with the General Plan requirements and Development Code standards.
Specifically, the visual mass of the buildings along the hillside shall be reduced through breaks
in the structure, tree plantings, articulation of the fa9ade, and other architectural devices.
1.b. No Impact: The project site has no major scenic resources including trees, rock outcroppings or
historic buildings which exist on the project site. The proposed project is not located on or near a
scenic highway. There will be no impact to any scenic resources from the proposed facility.
1.c. Potentially Significant Impact Unless Mitigation Incorporated: Approximately 54 acres of the
prOject site have been previously graded. The remaining 32 acres of the project site consist of
undeveloped land. In its current undeveloped and unimproved state, the site has low visual quality.
Implementation of the proposed project will alter the visual character of the site through a mix of
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
4
development with supporting parking facilities and landscaping. If not well designed, the development
could significantly degrade the existing visual character or quality of the site and its surroundings.
Potential degradation of the existing visual character or quality of the site and its surroundings can be
mitigated to a less than significant level through design measures. Both the mitigation listed under Item
1.a above and the mitigation listed below will reduce future visual impacts.
Mitioation
2. The development shall be designed to minimize detrimental impacts on surrounding properties,
including, but not limited to, visual, noise, air quality and other environmental impacts.
Strategies for minimizing the impacts include protecting any future residential areas adjacent to
industrial and commercial development through screening of circulation areas, loading areas
and trash collection points or other areas that could potentially be disruptive to the character of
the adjacent areas.
1.d. Less than Significant Impact: The business park lighting, and parking lot and street lighting would be
typical of other development in the surrounding area and would not create unusual levels of light and
glare. The proposed project will be developed consistent with the standards established in the City's
Development Code, Section 17.24.050.F which states that, "lighting of outdoor parking areas shall be
designed and maintained in a manner to prevent glare or direct illumination from intruding into...
[adjacent properties]." The proposed project lighting design and landscaping will assist in minimizing
the effects of increased light and glare in that the lighting on the site will be shielded and directed
downward, and landscaping will help to screen exterior building light. Development associated with the
proposed project will also be consistent with Ordinance No. 655 (Ordinance Regulating Light Pollution),
which includes lighting standards to avoid negative impacts on astronomical research at MOunt
Palomar Observatory. The lighting standards of Ordinance No. 655 include provisions for restricting
the light source, light projection, hours of light operation and outdoor displays areas for all projects
within a 45 mile radius of Mount Palomar Observatory. Project consistency with City Ordinance No.
655 will reduce the potential for significant impacts on the Observatory to a less than significant level.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS.doc
5
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on agriculture and farmland. Would the project:
a.
Issues and SUDDortinq Information Sources
I Convert Prime Farmland, Unique Farmiand, or Farmland
of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-aqricultural use?
Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
Involve other changes in the existing environment which,
due to their location or nature, could result in conversion
of Farmland, to non-aqriculturai use?
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Imoact
if
lb.
if
c.
if
Comments:
2.a-c. No Impact: This property is not considered prime or unique farmland of statewide or local importance
as identified by the State Department of Conservation and the City of Temecula General Plan. The site
is not under a Williamson Act contract nor is it zoned for agricultural uses. In addition, the project will
not involve changes in the existing environment, which would result in the conversion of farmland to
non-agricultural uses. No impact is anticipated as a result of the proposed project.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS. doc
6
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
I a.
b.
c.
I d.
Ie.
Issues and SUDoortinq Information Sources
Conflict with or obstruct implementation of the applicable
air quality plan?
Violate any air quality standard or contribute substantially
to an existinq or projected air <]uality violation?
Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed Quantitative thresholds for ozone precursors)?
Expose sensitive receptors to substantial pollutant
concentrations?
Create objectionable odors affecting a substantial number I
of people?
Potentially
Significant
Imoact
Potentially
Significant Unless
Mitigation
Incarcorated
No
Imoact
Less Than
Significant
Imoact
./
./
./
./
./
Comments:
3.a. Less than Significant Impact: The project proposes a 608,934 square foot industrial medical supply
warehouse (including 82,476 square feet of office use), and approximately 178,000 square feet of
future commercial retail uses, 31,200 square feet of future office uses, a small percentage of high
density residential, and/or public institutional facilities to be defined and further analyzed in a future
Specific Plan. An Air Quality Impact Analysis Report prepared dated October 20, 2006 was prepared
for the project by Urban Crossroads. The analysis report evaluated the air quality impacts associated
with the proposed 84 acre development.
The project is located in the South Coast Air Basin within the jurisdiction of the South Coast Air Quality
Management District (SCAQMD). The project is therefore subject to the SCAQMD's Air Quality
Management Plan (AQMP). The AQMP establishes thresholds to assist lead agencies in determining
whether construction and/or operation of a project will have significant air quality impacts. The AQMP
contains a comprehensive list of pollution control strategies directed at reducing emissions and
achieving ambient air quality standards. These strategies are developed, in part, based on regional
population, housing, and employment projections in the Regional Comprehensive Plan (RCP) prepared
by the Southern California Association of Governments (SCAG).
With regard to air quality planning, the RCP projections form the basis for the land use and
transportation control portions of the AQMP, and are utilized in the preparation of air quality forecasts
and consistency analysis included in the AQMP. Since the RCP and AQMP strategy is based on
projections from local General Plans, projects proposing a General Plan Amendment (GPA) require a
consistency review with the AQMP.
The City of Temecula General Plan EIR assumed that development would occur on the subject site
consistent with the General Plan land use designation of Industrial Park (IP). The General Plan
designation is implemented through the City's LI (Light Industrial) zoning designation. The General
Plan EIR analyzed the impacts from potential uses in the LI zone. The project proposes a General Plan
Amendment to designate the site as a future Specific Plan Area. The future Specific Plan Area will
accommodate uses anticipated for Parcels 1 through 3, and impacts anticipated from future uses will be
analyzed under the future Specific Plan. The development of Parcel 4 will be consistent with the
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS. doc
7
underlying industrial land use designation used to forecast air quality impacts for the ddvelopment.
Additionally, the General Plan Air Quality Element encourages mixed-use projects, and development
and expansion of businesses while also promoting development of housing affordable to all segments
of the community near job opportunity sites and within mixed use areas to ensure that future land use
patterns and traffic increases are accompanied by measures to improve air quality.
According to the Air Quality Analysis Report, the project will not conflict with or obstruct impiementation
of the applicable Air Quality Management Plan (AQMP) when all available emission reduction
strategies are implemented as effectively as possible. Furthermore, the project will comply with the
provisions of the Air Quality Management Plan (AQMP) and the City's General Plan Air Quality Element
policies and goals. As a result, no adverse impacts are forecast and no mitigation is required.
3.b-c. Potentially Significant Impact Unless Mitigation Incorporated: For project related emissions, the
URBEMIS model was used to forecast emission levels for both short term construction activities and
long term operational activities (Air Quality Impact Analysis Report prepared by Urban Crossroads,
October 20, 2006). The proposed project will result in short-term dust and exhaust emissions during
the project construction phases. Construction related emissions are expected from rough grading,
underground utility construction, paving, building construction, architectural coatings, and construction
workers commuting. Under the assumed worse case construction conditions, in which equipment was
operated on average for eight hours per day, the project will result in emissions that would exceed
regional criteria pollutant thresholds established by the SCAQMD for emissions of Volatile Organic
Compounds (VOC), Nitrogen Oxides (NOx), and Fine Particulate Matter (PM1O). After the
recommended emissions reduction measures are implemented, the short term construction impacts will
not have a significant effect and are therefore not expected to result in a cumulatively significant impact
during short term construction activity.
For long-term operational activity the project will not have a significant air quality impact as defined by
either Localized Significant Threshold or regional daily emission thresholds set forth by the SCAQMD.
Operational related emissions would be expected from vehicle emissions, fugitive dust related to
vehicle travel, combustion emissions associated with natural gas use, landscape maintenance
equipment emissions, and architectural coatings. Since the project is not expected to exceed the
emissions thresholds set forth by the SCAQMD it is assumed that the project and other cumulative
developments will not result in cumulatively significant impact during operational activity.
Local area Carbon Monoxide (CO) concentrations were projected using the CALlNE-4 air quality
model. Ambient CO concentrations w~re combined with CO concentrations generated by vehicle traffic
at individual intersections to determine total intersection CO contributions from the proposed project.
The intersections with the highest potential for CO hotspot formation were selected for analysis based
on Level of Service (LOS), high project-related traffic volumes (available from the Traffic Impact
Analysis Report prepared by Urban Crossroads, October 20, 2006), and the proximity of this traffic to
sensitive receptors. The intersections analyzed for CO concentration at project buildout were Diaz
Road (NS) at Winchester Road (EW), Enterprise Circle (NS) at Winchester Road (EW), and Jefferson
Avenue (NS) at Winchester (EW). Based on the impact analysis, none of these locations are projected
to experience CO levels in excess of the allowable concentration of 20.0 ppm. Since significant
impacts would not occur at intersections with the highest potential for CO hotspot formation, no
significant impacts are anticipated to occur at any other locations in the project vicinity as a result of the
proposed project (Air Quality Impact Analysis Report, 2006, page 4-19).
Based on the analysis, the proposed project may potentially violate an air quality standard or contribute
substantially to an existing or projected air quality violation and result in a cumulatively considerable net
increase of any criteria pollutant for which the project region is non-attainment under an applicable
federal or state ambient air quality standard from project related construction activities. Emissions
reduction measures, including dust control and equipment condition, will be implemented as part of the
G:\Planning\2006\PA06-0370 PHS Tentalive Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
8
mitigation monitoring program to reduce impacts to a less than significant level (Air Quality Impact
Analysis Report, 2006, page 5-1).
The impacts to air quality standards will be reduced to a less than significant level with implementation,
monitoring, and enforcement of the following mitigation measures. '
Mitiaation
3. Adhere to best management practices which include the application of water on disturbed soils
twice daily, covering haul vehicles, replanting disturbed areas as soon as pra;;tical and
restricting vehicle speeds on unpaved roads to 15 mph to control fugitive dust.
4. Trucks hauling dust, sand, gravel, or soil are to be covered or should maintain at least two feet
of freeboard in accordance with Section 23114 of the California Vehicle Code.
5. During site grading, underground, and building activity construction, the contractor shall adhere
to SCAQMD Rule 431.2 (diesel fuel with sulfur content of 15 ppm by weight or less).
6. During construction, off-road construction equipment shall be maintained in good condition and
in proper tune as per manufacturers' specifications and restrict diesel equipment idling to no
more than five minutes.
7. Limit application of paint to 50 gallons per day and use of Zero-VOC paints (assumes no more
than 150 gram/liter of VOC).
3.d. Less Than Significant Impact: The proposed project uses do not contain any AQMD permitted
stationary emissions sources. There are currently no existing or proposed sensitive receptors in close
proximity to the proposed project. Future uses however do indicate the potential for sensitive land uses,
such as residences, schools, or athletic facilities, to be located adjacent to the project site; however,
impacts anticipated from future uses will be analyzed under the future Specific Plan. In general, the
primary pollutant of concern with regard to harmful pollutant concentrations resulting from development
projects is CO. As described above, construction and operation of the proposed uses would not result
in any substantial local or regional air pollution impacts and, therefore, would not expose any nearby
sensitive receptors to severe air pollution conditions. Impacts would be less than significant and no
mitigation measures are required.
3.e. Less Than Significant Impact: The proposed uses for the site are not considered land uses that
would generate significant odor impacts. No construction activities, materials, or daily activities are
proposed which would create objectionable odors. Certain amounts of odors will be generated from
vehicles tailpipe exhaust emissions during construction and operation. These odors would be
attributable to emissions from unburned hydrocarbons from tailpipes which are typically very small.
Lastly, any odor impact generated during construction activities would be short term in nature and
cease upon completion of the respective phase of the project. As a result, odor impacts associated with
the proposed project are anticipated to be less than significant.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS,doc
9
4. BIOLOGICAL RESOURCES. Would the project?
a.
b.
c.
d.
e.
f.
Issues and SUD~ortino Information Sources
Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations, or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Comments:
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
if
No
Impact
Less Than
Significant
Impact
if
if
if
if
if
4.a-b. Potentially Significant Impact Unless Mitigation Incorporated: The applicant submitted a complete
Biological Technical Report for the proposed project detailing the biological resources present on the 84
acre site (Biological Technical Report for Temecula 84 Project by Helix Environmental dated March 23,
2007). The 52-acre portion of the project site has already been graded and contains no biological
resources or any habitat suitable to support candidate, sensitive, or special status species. However,
the 32-acre portion of the project site is relatively undisturbed and biological resources are present.
The proposed project would result in impacts to approximately 16.65 acres of sensitive vegetation,
including 2.98 acres of Diegan coastal sage scrub, 0.37 acre of southern mixed chaparral, 0.92 acre of
scrub oak chaparral, 0.17 acre of native grassland, and 12.21 acres of non-native grassland (Figure 7;
Table 8 of the Biological Technical Report). The proposed project would also result in off-site impacts
to 0.02 acre of disturbed wetland, 0.15 acre of non-native grassland, and 0.06 acre of disturbed habitat
(Figure 7; Table 8 of the Biological Technical Report). These impacts are considered significant. The
project proposes to preserve a total of 17.82 acres comprised of 1.18 acre of Diegan coastal sage
scrub, 9.92 acres of southern mixed chaparral, 5.25 acres of scrub oak chaparral, 0.04 acre of native
grassland, 0.97 acre of non-native grassland and 0.46 acres of disturbed habitat.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQAllnitial Study - PHS.doc
10
The project is within the Multiple Species Habitat Conservation Program (MSHCP) Burrowing Owl
(Athene cuniculBria) Survey Area. Burrowing owl surveys were conducted in 2006 and 2007 in
accordance with the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species
Habitat Conservation Plan Area (Updated Burrowing Owl Survey Results for the Temecula 84 (formerly
known as Temecula 32) Property by Helix Environmental dated March 23, 2007). No burrowing owl or
sign of burrowing owl was observed on site or within 500 feet of the site. The site is not occupied by
burrowing owl. No burrowing owl was observed during the focused surveys of the site. However, the
property contains suitable habitat and therefore potential for affecting burrowing owls indirectly. A pre-
construction burrowing survey is required within 30 days prior to ground disturbance by the project.
The project will impact 0.02 acre of Corps jurisdictional habitat (ephemeral drainage, non-wetland
waters of the U.S.) and 0.06 acre of California Department of Fish & Game (CDFG) jurisdictional
habitat and permits will be required. However, those jurisdictional areas do not meet the MSHCP
definition of Riparian/Riverine habitat and a Determination of Biologically Equivalent or Superior
Preservation (DB ESP) analysis was not required.
No threatened or endangered plant species were observed on site. The project is not within the
Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Narrow Endemic
Plant Species Survey Area or Criteria Area Species Survey Area; therefore, focused plant surveys are
not required.
The federally listed endangered Least Bell's Vireo (Vireo bellU pusillus) was observed foraging within
the southern mixed chaparral in the northwest corner of the site for approximately one minute. Those
two birds were subsequently observed flying off site to the north. No suitable nesting habitat for the
vireo is present on or adjacent to the site. Based on their vocalizations and behavior, and the time of
year observed, the two individuals were determined to be first-year birds that were dispersing through
the area and not resident on the site. Suitable nesting habitat is present approximately 0.5 :nile north of
the project site within Murrieta Creek. The proposed project is not expected to have any impact on
Least. Bell's Vireo.
Implementation of the project would therefore have a substantial adverse effect, either directly or
through habitat modifications, on several species identified as a candidate, sensitive, or of special
status. Riparian habitat or other sensitive natural community identified in local or regional plans,
policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service
will also be impacted. Mitigation is recommended for these potential impacts.
The indirect biological impacts will be reduced to a less than significant level with implementation,
monitoring, and enforcement of the following mitigation measures.
Mitioation
8. A pre-construction burrowing owl survey is required 30 days prior to commencement of
construction. If any burrowing owl is found on site, the CDFG shall be consulted, and a passive
relocation effort shall be undertaken outside of the nesting season. No disturbance of active
nests will occur.
9. A qualified biologist shall determine if any active raptor nests occur within the limits of
disturbance prior to commencement of grubbing, clearing, or grading activities.
10. No brushing, clearing, or grading shall occur within 500 feet of occupied tree-nesting raptor
habitat during the raptor breeding season (typically December to July).
11. In order to ensure Migratory Bird Treaty Act (MBTA) compliance, clearing of native vegetation
shall occur outside the breeding season of most avian species (February 1 through September
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnilial Study - PHS.doc
11
15) unless a pre-construction nesting bird survey determines that no nesting birds are present.
The City of Temecula would need to approve activities after concurrence is received from the
wildlife agencies.
12. Lighting within the proposed project adjacent to preserved habitat shall be of the lowest
illumination allowed for human safety and selectively placed, shielded, and directed away from
preserved habitat.
13. Impacts to upland habitats and associated species will be addressed through participation in the
MSHCP and payment of the MSHCP Local Development Mitigation fees. The project is located
within the Riverside County Stephens' kangaroo rat Habitat Conser\tation Plan (HCP) Fee
Assessment Area.
4.c. Potentially Significant Impact Unless Mitigation Incorporated: The applicant submitted a complete
Jurisdictional Delineation Report for the proposed project site (Jurisdictional Delineation fur Temecula
84 Project dated June 26, 2006 by Helix Environmental). There are jurisdictional waters of the state
and U.S. on the project site. The report mapped existing areas under U.S. Army Corps of Engineers
jurisdiction pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344), and wetland and
streambed habitats under California Department of Fish and Game (CDFG) jurisdiction pursuant to
Section 1600 of the Fish and Game Code. This information was necessary to evaluate jurisdictional
impacts and permit requirements associated with proposed construction on the subject property.
The proposed project will not affect any wetlands on site and vt;lrnal pools are not present on site.
However, the project will impact 0.02 acre of Corps jurisdictional habitat (ephemeral drainage, non-
wetland waters of the U.S.) and 0.06 acre of CDFG jurisdictional streambed habitat. Therefore,
implementation of the project will result in a substantial adverse effect of federally protected waters as
defined by Section 404 of the Clean Water Act and the following mitigation is recommended.
The impacts to federally protected wasters will be reduced to a less than significant level with
implementation, monitoring, and enforcement of the following mitigation measures.
Mitiaation
14. Both Federal Clean Water Sections 404 and 401 permits and a 1602 Streambed Alteration
Agreement are required. Copies of all required permits shall be provided to the City prior to the
start of construction and full compliance with all of the terms and conditions of those permits and
agreement is required.
15. Impacts to jurisdictional areas will be mitigated through a 1: 1 ratio through off-site creation or
purchase of wetland credits within an approved wetland mitigation bank.
4.d. Less than Significant Impact: The proposed project site lies within MSHCP Proposed Linkage 10
and is therefore identified for conservation. The adjoining 52-acre parcel to the northwest (APN 909-
370-018) was also identified for conservation as part of Proposed Linkage 10. However, that parcel
has already been graded and contains no biological resources or any habitat suitable to support any
MSHCP-covered species. Consequently, the subject parcel is currently bordered by developed
property to the north, south and east and would not function as a wildlife corridor. In addition the
alignment of the Western Bypass, an approved Circulation Element roadway, extends along the
eastern portion of northern border of the adjacent 52-acre parcel and turns southeast and extends
through the subject parcel. The Western Bypass would also preclude the assembly of Proposed
Linkage 10 on the southerly portion of the property.
The City informed the County of Riverside of the approved Western Bypass during MSHCP preparation
and has planned for this type of industrial/commercial use of the subject property as part of the General
Plan. The Western Bypass is an approved Circulation Element roadway that is a covered project
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\PlanningICEQAllnltial Study - PHS.doc
12
generally described in MSHCP Section 7.3.5 (Planned Road within the Criteria Area) and specifically
shown on Figure 7.1 (General Plan Circulation Element with Criteria Area). The Regional Conservation
Authority (RCA) has informed the City that it considers all of the project site area east of the Western
Bypass to be part of the covered project and consequently the entire Professional Hospital Supply site
is covered under the MSHCP and no conservation is required. However, the project is subject to the
MSHCP Local Development Mitigation Fee.
The proposed project will not therefore interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites and no impact is anticipated as a result of the proposed
project.
4.e. No Impact: The proposed project will not conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or ordinance. No impact is anticipated as a
result of the proposed project.
4.f. Less than Significant Impact: On September 22, 2006, the applicant submitted a complete Habitat
Acquisition and Negotiation Strategy (HANS) Application and Analysis for the proposed project site.
The property is located within Independent Criteria Cells 6781 and 6888 of Subunit 6 (Santa Rosa
Plateau) of the Southwest Area Plan. The project site falls within Proposed Linkage 10 and is therefore
identified for conservation. According to the MSHCP, conservation within Cell 6781 will range from 35
to 45 percent, focusing in the Cell's southwestern portion. Conservation within Cell 6888 will range from
55 to 65 percent, focusing in the Cell's southwestern portion. The proposed project site lies within the
southern half of Cell 6781 and the northern half of Cell 6888. Based on the following list, t:,e project is
consistent with the MSHCP and therefore impacts are anticipated to be less than significant as a result
of the project.
. Seven MSHCP-covered species (coastal western whiptail, least Bell's vireo, Cooper's hawk,
coyote, bobcat, rufous-crowned sparrow, and San Diego black-tailed jackrabbit) were
observed/detected on site. Habitats of six of the seven sensitive animal species would be
adversely affected by the proposed project. Those impacts are adequately mitigated under the
coverage of the MSHCP. No suitable habitat for vireo occurs on site, even though the species
was briefly observed foraging on site during one site visit;
. The project will implement the identified avoidance and conservation measures in accordance
with Section 6.1.4 (Urban/Wildlands Interface);
. The proposed project will be in full conformance with Section 6.1.2 (Riparian/Riverine Areas and
Vernal Pools) because none are present on site;
. The proposed project will be in full conformance with Section 6.1.3 (Narrow Endemic Plant
Species) because the site is not within the MSHCP NEPSSA and none were observed during
the biological,survey;
. The proposed project will be in full conformance with Section 6.3.2 (Database
Updates/Additional Survey Requirements). The site is not within the MSHCP's Critical Area
Species Survey Area (CASSA) for plant species and none were observed on site. The only
focused animal survey required on the site for sensitive animal species is for the burrowing owl.
Focused burrowing owl surveys were conducted in 2006 by HELIX with negative results. A pre-
construction burrowing owl survey is required 30 days prior to commencement of construction.
If any burrowing owl is found on site, the CDFG shall be consulted, and a passive relocation
effort shall be undertaken outside of the nesting season. No disturbance of active nests will
occur.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEOA\lnitial Study - PHS,doc
13
I a.
lb.
I c.
I d.
5. CULTURAL RESOURCES. Would the project:
Issues and SUDoortinq Information Sources
I Cause a substantial adverse change in the significance of
a historical resource as defined in Section 15064.5?
Cause a substantial adverse change in the significance of
an archaeoloqical resource pursuant to Section 15064.5?
Directly or indirectly destroy a unique paleontological
resource or site or unique qeoloqic feature?
I Disturb any human remains, including those interred
outside of formal cemeteries?
Potentially
Significant
Imoact
Potentially
Significant Unless
Mitigation
Incorporated
-/
No
Impact
Less Than
Significant
Impact
-/
-/
-/
Comments:
5.a-b,d.Potentially Significant Unless Mitigation Incorporated: The City of Temecula General Plan (April
12,2005) does not identify the project site as a sensitive archaeological resource area. However, the
University of California, Riverside Eastern Information Center (EIC) has record of the project area being
previously examined in the course of several previous studies. The previous studies resulted in the
recordation of three archaeological sites and identification of possibly a fourth cultural resources
property not formally recorded.
The 52-acre portion of the proposed project site was the subject of intensive archaeological testing and
monitoring in 2005 as it overlies a known and mostly destroyed prehistoric archeological site, CA-RIV-
237 (Final Report on Prehistoric Site Boundary Testing and Survey of a Historic Homestead at CA-RIV-
237/H, Cogstone Resource Management lnc., October 2005). The site has been extensively damaged
over the years and no longer retains integrity under CEQA. However, resources are located in the
northeastern portion of the site which are not to be disturbed in the future. The remainder of the site
may be graded provided it is monitored by a qualified archaeologist and Native American monitor
pursuant to the Cogstone 2005 Study.
A Phase I archaeological and paleontological resources report was conducted for the 32 acre portion of
the project site in August 2006 and revised in February 2007 (Archaeological and Paleontological
Assessment Report, Cogstone Resource Management, Inc., August 2006; revised February 2007). No
archaeological sites have been previously recorded within boundaries of the 32 acre parcel. However,
based on research in the Temecula Valley and the proximity of the site to reliable water, ecozones, and
a wide viewshed, the project area would appear to be a favorable settlement area and likely location for
prehistoric occupation. During the survey a lithic scatter was observed on a level portion of the grassy
terrace in the eastern part of the project area. Three quartzite flake artifacts associated with the
manufacture of prehistoric chipped stone tools were recorded during the survey. As a result of the
assessment findings, the proposed project could potentially impact cultural resources and a phase II
archaeological testing program was recommended.
The Ph"se II archaeological report (Archaeological Testing Program, LSA Associates, Inc., March
2007) was conducted to detect and evaluate any subsurface archaeological deposit. To determine the
presence and significance of buried cultural resources, the program allowed for surface collection,
shovel test pit (STP) excavation, one-by-one meter test excavation, and laboratory analysis in and
around the reported location of the lithic scatter. The assessment did not yield any artifacts during the
testing at the reported site; therefore, LSA recommended that .the site not be considered "a unique
archaeological resource" or "historical resource" under CEQA.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\PlanningICEQA\lnltial Study - PHS.doc
14
The Pechanga Band of Luisefio Indians ("Tribe") is concerned that other areas of the site require further
testing. The Tribe states that, according to Tribal knowledge, resources exist on other areas of the site
that were not tested and that the testing for subsurface resources (the lithic scatter) did not occur in the
correct location. Therefore, further testing prior to grading is required per mitigation measure ,no. 17
below.
Due to the fact that construction projects in the area have identified significant archaeological sites
during earthmoving activities and based on findings from the cultural assessments, the project has
potential to cause a substantial adverse change in the significance of a historical or archeological
resource as defined in Section 15064, and to disturb any human remains, including those interred
outside of formal cemeteries. The following mitigation shall be required as part of the mitigation
monitoring program to ensure proper treatment and disposition of any unknown cultural resources that
may be inadvertently discovered during further excavation activities.
The impacts to cultural resources will be reduced to a less than significant level with implementation,
monitoring, and enforcement of the following mitigation measures.
MitiClation
16. Prior to the issuance of a grading permit, the project proponent shall prepare an assessment of
the archaeological and cultural resources on the 84 acre project site. The assessme;lt shall be
performed by a qualified archaeologist in conjunction with the Pechanga Band of Luiseno
Indians in order to determine whether there are cultural resources on the property and evaluate
the significance of any such resources. Any such testing shall involve the Pechanga Tribe, and
all tests to determine impacts should be completed prior to the issuance of grading permits.
17. Prior to the issuance of a grading permit, the project proponent shall conduct further cultural
resources testing on the site in the areas which have been designated by the Pechanga Tribe
as likely to contain cultural resources. Prior to the testing, the project proponent shall meet with
representatives of the Pechanga Tribe and the City to determine the specific additional areas
that shall be tested. Representatives of the Pechanga Tribe shall be present during the testing
and the project proponent shall meet and confer in good faith with such Tribal representatives
with respect to comments they may have on the testing. In the event additional mitigation
measures are necessary as a result of cultural resources discovered the testing, the Director of
Planning shall be authorized, following a Director's Hearing, to impose such new conditions or
modify existing conditions as necessary to mitigate any additional cultural resources impacts
which may be identified.
18. Prior to the issuance of grading permits, the project proponent shall enter into a Treatment
Agreement with the Pechanga Band of Luiseno Indians. This agreement will address the
treatment and disposition of cultural resources and human remains that may be uncovered
during construction as well as provisions for tribal monitors.
19. Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to monitor all
grading, excavation and ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal monitors shall have the authority
to temporarily stop and redirect grading activities to evaluate the significance of any
archaeological resources discovered on the property, in conjunction with the archeologist and
the Lead Agency.
20. A qualified archaeologist monitor shall be present during all earthmoving activities. The monitor
shall be empowered to temporarily halt or redirect construction work in the vicinity of the find
until it can be evaluated by the project archaeologist in conjunction with the Pechanga Tribe. In
the event of a new find, further testing, excavation, and/or reporting may be required.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
15 '
21. If cultural resources are discovered during the project construction (inadvertent discoveries), all
work in the area of the find shall cease, and a qualified archaeologist and representatives of the
Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make
recommendations as to treatment and mitigation.
22. If human remains are encountered, all activity shall cease and the County Coroner must be
notified immediately. State Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a determination of the origin and
until treatment pursuant to Public Resources Code Section 5097.98 has been decided. The
Coroner shall determine if the remains are prehistoric, and shall notify the State Native
American Heritage Commission (NAHC) if applicable. Further actions shall be determined by
the desires of the Most Likely Descendent (MLD).
23. The landowner shall agree to relinquish ownership of all cultural resources, including all Luiseno
sacred items, burial goods and all archeological artifacts that are found on the project site to the
Pechanga Band of Luiseno Indians for proper treatment and disposition.
24. All sacred sites within the project area are to be avoided and preserved.
25. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning Application
PA06-0370 shall be preserved in Open Space and recorded with the County Recorder of
Riverside County as a conservation easement for preservation purposed in perpetuity. The %-
acre of CA-RIV 237 shall not be subject to development, archeological testing or ground-
disturbing activities.
5.c. Potentially Significant Unless Mitigation Incorporated: The City of Temecula General Plan (April
12, 2005) identifies the site as a highly sensitive paleontological resource area. Results of the
Paleontological Assessment conducted on the 32 acre parcel (Archaeological and Paleontological
Assessment Report, Cogstone Resource Management, Inc., August 2006, revised February 2007)
reinforce the high potential for encountering significant, nonrenewable vertebrate fossils. ihe report
identified the presence of Pauba Formation sediments suitable to contain paleontological resources on
site. The site is 95 percent within the fanglomerate member of the Pauba Formation which is of
unknown potential to contain significant fossil resources. No fossils were observed during the survey.
Based on the information provided in the assessment, potential impacts to paleontological resources
can be reduced to a less than significant level with the incorporation of following mitigation.
The impacts to paleontohJgical resources will be reduced to a less than significant level with
implementation, monitoring, and enforcement of the following mitigation measures.
Mitioation
26. A qualified paleontological monitor shall provide cultural resources sensitivity training (a 15 min.
presentation) for all project personnel.
27. All impacts to the sandstone and fanglomerate members of the Pauba Formation shall be
monitored full time at the beginning of grading. A trained paleontological monitor shall be
present during ground disturbing activities within the project area determined likely to contain
paleontological resources. Monitoring will be adjusted to spot checking if initial monitoring
shows negative results.
28. Upon encountering any significant fossils, salvage of all fossils in the area shall be conducted
with additional field staff and in accordance with modern paleontological techniques.
29. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost of
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEOA\lnitial Study - PHS.doc
16
storage. Itemized catalogs of all material collected and identified shall be provided to the
museum repository along with the specimens.
30. Prior to the issuance of a building permit, a report documenting the results of the monitoring and
any salvage activities and the significance of the fossils shall be prepared.
31. Any significant fossils recovered, along with the itemized inventory of the specimens, shall be
deposited in a museum repository for permanent curation and storage.
6. GEOLOGY AND SOILS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SUDDortinq Information Sources Impact Incoroorated Imoact Imoact
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involvinq:
i. The rupture of a known earthquake fault, as delineated v"
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault?
(Refer to Division of Mines and Geology Special
Publication 42.)
I ii. Stronq seismic wound shakinq? v"
I iii. Seismic-related qround failure, includinq liquefaction? v"
I iv. Landslides? v"
lb. I Result in substantial soil erosion or the loss of topsoil? v"
c. Be located on a geologic unit or soil that is unstable, or v"
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreadinq, subsidence, Iiauefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1-B v"
of the Uniform Building Code (1994), creating substantial
risks to life or property?
e. Have soils incapable of adequately supporting the use of v"
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
Comments:
6.a.i-ii. Potentially Significant Unless Mitigation Incorporated: According to the City of Temecula General
Plan (April 12, 2005) and the Riverside County Geologist, the project site is located within two fault
zones: the eastern boundary of the project site is located within the Elsinore-Temecula Fault zone, and
the western boundary of the project site is located within the Riverside County Fault zone. The Elsinore
fault has historically experienced earthquakes of moderate magnitude. A geotechnical investigation
(Preliminary Geotechnical Evaluation prepared by GeoTek, Inc. dated July 13, 2006) identifies the site
as a likely area to be damaged as the result of ground shaking generated by nearby earthquakes and
mitigation is required to reduce the risk of loss, injury, or death. The City of Temecula has adopted the
California Building Code to insure structure integrity during seismic and other hazardous events, and to
prevent personal injury, loss of life, and substantial property damage. Implementation of local building
codes shall minimize the structural damage and risk associated with seismic events to a less than
significant level of impact.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study~ PHS,doc
17
Mitioation
32. Seismically resistant structural design in accordance with local building ordinances shall be
followed during the design of all structures.
33. Subsequent geotechnical reviews shall be conducted prior to the development of Parcels 1, 2,
and 3 created by this project.
6.a.iii Less Than Significant Impact: As identified in the General Plan Safety Element, the project site is not
located within a subsidence, liquefaction, expansive soil, or landslide hazard area. Section 5.5 on page
5 of the geotechnical investigation report (Preliminary Geotechnical Evaluation prepared by GeoTek,
Inc. dated July 13, 2006) for the project site states that the secondary significant effects of seismic
activity, including liquefaction, landsliding, and ground subsidence are considered less than significant
at the site. The liquefaction potential on the site is considered to be low due to the relatively dense
nature of the underlying stream terrace deposits and the lack of shallow groundwater. Evidence of
ancient landslides or slope instabilities at the site was not observed during the geotechnical evaluation.
Dynamic settlement at the site does not appear to be a concern at this site due to the relatively dense
nature of the prevailing soil conditions. Tentative Map No. 35181 and the Development Plan have been
conditioned to address the potential risk associated with seismic activity. The project is required to
comply with all Conditions of Approval regarding geotechnical conditions for Tentative Map No. 35181
and the Development Plan for Parcel 4 (Condition of Approval Nos. 46 and 72, Prior to Grading Permit
Issuance). Less than significant impacts associated with seismic-related ground failure, including
liquefaction, ground subsidence, or landslides are anticipated as a result of the project.
6.b. Potentially Significant Unless Mitigation Incorporated: While the northeast portion of the project
site has been previously graded, the remainder of the project site is currently vacant and u!ldeveloped.
The proposed project has the potential to result in erosion of soils due to construction activities.
Tentative Map No. 35181 and the Development Plan for Parcel 4 have been conditioned to address
erosion of soils during all grading activities. This project will be conditioned to comply with Conditions
of Approval regarding geotechnical conditions for Tentative Map No. 35181 and the Development Plan
for Parcel 4. With implementation of the mitigation measures listed below, impacts associated with
potential soil erosion or the loss of topsoil would be less than significant.
Mitioation
34. Prior to the issuance of any grading permit, the Applicant shall submit to the Public Works
Department an erosion control plan prepared in accordance with the requirements of the
Temecula Municipal Code, Section 18.15, Erosion and Sediment Control.
35. Prior to the issuance of any building permit, landscape plans shall be prepared for all slopes
created by the grading and fill of these sites consistent with "Slope Planting Guidelines" and the
Development Code, and shall provide erosion control on undeveloped portions of the site.
6c-d. Potentially Significant Unless Mitigation Incorporated: According to the Preliminary Geotechnical
Evaluation prepared by GeoTek, Inc. dated July 13, 2006, the site is mantled with a layer of
topsoil/colluvium materials varying between 1.5 to 7.5 feet in thickness. These materials are relatively
loose and considered potentially compressible. The Quaternary Pauba Formation compromises the
bedrock that underlies the site. The Pauba Formation is generally dense and suitable for structural
support. Mesozoic-aged metasedimentary rock underlies the. Pauba Formation portions of the site.
These materials are considered rippable with properly equipped and well-operated heavy duty grading
equipment. The on-site soils materials are considered suitable for reuse as compacted fill provided that
they are free from vegetation, debris, rocks larger than 6 inches in maximum dimension, and other
deleterious material. Tentative Map No. 35181 and the Development Plan for Parcel 4 have been
conditioned to address soil conditions. The project will be conditioned to comply with Conditions of
Approval regarding geotec:hnical conditions.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
18
The Development Plan for Parcel 4 includes 1.5:1 cut slopes at the west side of project site. Based on
a Slope Stability Analysis prepared by GeoTek, Inc. dated March 21, 2007, the proposed 1.5:1 cut
slopes at the site are considered suitable from a geotechnical perspective. Based on the analysis, the
calculated factors for safety for the static condition, and for the seismic condition, exceed industry
standards. However, given that water has been shown to weaken the inherent strength of soil and
compromise slope stability, additional measures should be implemented to ensure stability of the 1,5:1
cut slopes. With implementation of the mitigation measures listed below, impacts associated with
unstable or expansive geologic unit or soil, including in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse, would be less than significant.
Mitioation
36. Prior to the issuance of any grading and building permit, the recommendations contained in
soils report(s), geotechnical report, and slope stability report shall be implemented.
37. Plants selected for slope landscaping shall be light-weight, deep rooted type vegetations that
require little water and are capable of surviving with little irrigation.
6.e. No Impact: The project site is located in an urbanized area in which wastewater infrastructure is
currently in place. Therefore, the capacity of the soils to support septic tanks or alternative waste water
systems is not relevant to the proposed project. No impact would occur and no mitigation measures
, are required.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitlal Study - PHS.doc
19
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a.
b.
c.
d.
e.
f.
g.
h.
Issues and SupportinQ Information Sources
Create a significant hazard to the public or the
environment through the routine transportation, use, or
disposal of hazardous materials?
Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existin8 or proposed school?
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
workinq in the oroiect area?
For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
workinq in the project area?
Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Comments:
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
v
v
v
v
v
v
v
v
7.a,b. Less Than Significant Impact. The proposed project will not use, store, transport, generate, or
dispose of substantial quantities of hazardous materials. Construction activities would involve the use
of commonly used potentially hazardous materials, including vehicle fuels, oils, and transmission fluids.
Operation of the proposed uses would involve the storage and distribution of small quantities of
potentially hazardous materials in the form of medical device materials, cleaning solvents, and
herbicides for landscaping. PHS currently maintains a Business Emergency Plan which is updated and
submitted to the County of Riverside Hazardous Materials Management Division annually for
operations permit renewal. The purpose of the Plan is to ensure that all potentially hazardous materials
are contained, stored, used, and disposed of in compliance with applicable standards and regulations
and that the appropriate personnel are contacted in the event of a hazardous materials-related
emergency. In the event the status of the land uses for the project site change, a new Business
Emergency Plan would be required to address the site and its related activities. Hazardous material
impacts anticipated from future uses will be analyzed under the future Specific Plan. All potentially
hazardous materials shall be contained, stored, and used in accordance with manufacturers'
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
20
instructions and handled in compliance with the Business Emergency Plan and other applicable
standards and regulations. Therefore, impacts are forecast to be less than significant as result of the
project.
7.c. No Impact: No schools exist or are proposed within one-quarter mile of the proposed project site;
therefore, no impacts are anticipated as a result of the proposed project.
7.d. No Impact: The proposed project is not on a site included on a list of hazardous materials sites
pursuant to Government Code Section 65962.5 that would create a significant hazard to the public or
the environment, and no impacts are anticipated as a result of the proposed project.
7.e-f. No Impact: The proposed project is not located within an airport land use plan or within two miles of a
public airport or private air strip. No impact to people working in the area or airport uses is anticipated
as a result of the proposed project.
7.g. No Impact: The proposed project is not located in an emergency response or evacuation plan area.
Therefore the project would not impair the ,implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the
proposed project.
7.h. No Impact: The project site is within an urbanized area that is not considered to be a high fire risk
area. The proposed project complies with all applicable Building and Fire Codes. This project would
not expose people or structures to a significant risk or loss, injury or death involving wildland fires and
no impact is anticipated as a result of this project.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
21
c.
d.
e.
I f.
g.
I h.
i.
j.
8. HYDROLOGY AND WATER QUALITY. Would the project:
a.
Issues and Supportina Information Sources
Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade water
quality?
Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been qranted)?
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result in
floodinq on- or off-site?
Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
polluted runoff?
Require the preparation of a Water Quality Management
Plan?
Place housing within a 1 OO-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
Place within a 1 DO-year flood hazard area structures which
would impede or redirect flood flows?
Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the faiiure of a levee or dam?
Inundation by seiche, tsunami, or mudflow?
b.
Comment:
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
./
./
./
./
./
./
./
./
./
./
8.a. Less Than Significant Impact: The proposed project would permit development of an 84 acre site.
Any wastewater impacts anticipated from the development of Parcels 1, 2, and 3 will be analyzed when
a specific development is proposed for those parcels. Violation of water quality standards are not
anticipated by implementing the proposed project which will deliver its wastewater flows to the regional
wastewater plant. Wastewater will be delivered to the regional treatment plant for treatment under
waste discharge requirements established by the San Diego Regional Water Quality Control Board. In
compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES),
Best Management Practices (BMPs) will be implemented during construction and occupancy to control
storm water runoff pollution. A less than significant impact is anticipated as a result.
G:\Planning\2006\PA06-0370 PHS Tentalive Map (TTM35181)\Planning\CEQA\lnitial Study - PHS,doc
22
8.b. Less Than Significant Impact: The Rancho California Water District provides water and reclaimed
water services to the project area. The proposed project does not include the injection into or
extraction from groundwater and would not create substantial subsurface cuts, which might impede
groundwater movement. No water wells would be used on the project site, as the Water District will
provide water supply. Therefore, the project will not have an affect on the quantity and quality of
ground waters, either through direct additions or withdrawals. The project will create approximately 30
acres of impermeable surface on Parcel 4. The proposed project is required to comply with local
development standards, including lot coverage and landscaping requirements, which will allow for some
percolation and ground water recharge on the developed site. A less than significant impact is
anticipated as a result of the proposed project.
8.c-e. Less Than Significant Impact: The proposed project would result in the alteration of existing drainage
patterns and the amount and quality of surface runoff due to grading, and the construction of structures
and associated parking which result in the addition of impervious surfaces. Some changes to
absorption rates, drainage patterns, and the rate and amount of surface runoff are expected whenever
development occurs on previously permeable ground. While absorption rates and surface runoff will
change, potential impacts shall be mitigated through site design which includes detention basins and
swales to accommodate runoff. These types of drainage conveyances, which safely and adequately
handle runoff, are anticipated to ultimately drain into the existing storm drains.
The proposed project will be required to accommodate the drainage created as a result of the
development with an on-site drainage plan and Best Management Practices (BMP's) subject to
Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination
Discharge System (NPEDS) standards. Through implementation of the project Stormwater Prevention
Pollution Plan (SWPPP), erosion and siltation issues are controlled and with implementation of the
project Water Quality Management Plan (WQMP), surface run-off and water quality impacts are
controlled.
A Preliminary Drainage Study for TTM 35181 prepared by SB&O, Inc., on March 6, 2007, provided
preliminary drainage information related to the pad for Parcel 4. The development of Parcel 4 includes
two water quality basins to be located along the southern and eastern edge of the parcel. The basins
will serve to collect runoff from the project site and allow percolation. A large basin at the northeast
corner of the PHS pad will discharge to the existing 60" storm drain in Dendy Parkway. Approximately
19.5 acres will be routed to this basin. The smaller basin located near the proposed driveway off
Remington Avenue extension will discharge to a new storm drain system in Remington, which will
connect to the existing 60" storm drain. Site drainage will consist primarily of overland flow from paved
parking lots to curb and gutter with openings to allow for water quality flows to travel in a grass swale.
Roof runoff will collect at multiple locations and discharge directly into storm drain systems. Water
quality structures will be placed at several locations in the storm drain system to address water quality
issues associated with roof runoff (Preliminary Drainage Study for TTM 35181 prepared by SB&O, Inc.
on March 6, 2007). Conditions of Approval for Tentative Map No. 35181 will include requiring the
developer to submit to the Public Works Department a Drainage Study and WQMP prepared by a
registered Civil Engineer for all future grading plans on the parcels created by TTM 35181. The
alteration of existing drainage patterns for future development of Parcels 1, 2, and 3 will be analyzed
under a future Specific Plan and subsequent development plans for each of the parcels. A less than
significant impact is anticipated as a result of the project.
8.f. Less Than Significant Impact: The propos~d project will not violate any water quality standards or
waste discharge requirements established by the State of California. However, the project is required to
prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm-Sewer
permit (MS4 permit) issued by the San Diego Regional Water Quality Control Board. The WQMP for
Parcel 4 development was submitted on November 30, 2006 and accepted by the Public Works
Department in May 2007. The water quality control measures identified in the WQMP have either been
incorporated into the design of the project or have been added to the project with specific conditions of
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS.doc
23
approval and are expected to eliminate potential adverse impacts to receiving waters. A project specific
WQMP will be required for each parcel created and anticipated for future development under this
project. A less than significant impact is anticipated as a result of the project.
8.g-h. No Impact: As identified in the General Plan Safety Element, the project site is not located in the 100
Year Flood Boundary or in any of the Dam Inundation Areas, nor is it near any large bodies of water.
Structures will not be located within the 100-year floodplain as a result of implementing this project;
therefore, significant flood hazards are not expected to occur from developing the project site and no
impact is anticipated as a result.
8.i. No Impact: The project site is not located within a dam inundation area. The project would not expose
people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as
a result of a levee or dam failure. No impact is anticipated as a result of the project.
8.j. No Impact: The proposed project is not located near a coast line which would be subject to inundation
by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Ptanning\CEQA\lnitial Study - PHS. doc
24
9. LAND USE AND PLANNING. Would the project:
I a.
b.
Issues and SuPPorting Information Sources
Physicall\i divide an established community?
Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
Conflict with any applicable habitat conservation plan or
natural community conservation plan?
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
IncorDorated
Less Than
Significant
Impact
./
./
No
Impact
I c.
./
Comments:
9.a-b. Less Than Significant Impact: The proposed project is located in an urbanized industrial area of the
City. Implementation of an industrial building for Professional Hospital Supply is consistent with the
current Industrial Park (IP) General Plan land use designation and therefore will not divide an
established community or conflict with any applicable land use plan, policy, or regulation. However, the
proposed expansion for Professional Hospital Supply (PHS) presented unique circumstances, such as
building size, parking and loading needs, site location, and adequate access. In support of the proposed
opportunity for additional quality employment within the community, a General Plan Amendment was
proposed to designate the 84 acre site as a future Specific Plan Area.
It is anticipated that the future Specific Plan would include proposed commercial, retail, high-density
residential, and/or public institutional uses on the parcels created by Tentative Map No. 35181. The
proposed Development Agreement for the project site will allow for the vested right to develop the site
consistent with the uses permitted in a future Specific Plan. The future Specific Plan is anticipated to
implement the City of Temecula General Plan land use goals and policies by encouraging diverse, high-
quality land uses and mixed use development on the site. By accommodating a diverse mix of land
uses the City can achieve a suitable inventory of housing for a range of income groups, a viable
commercial and employment base for residents, and high-quality urban lifestyles. Designating the land
for a future Specific Plan Area provides a guideline for future maximum density and intensity of
development, while still encouraging mixed commercial, office, and residential development in a key
location west of 1-15 and adjacent to the future Western Bypass corridor. The uses anticipated under
the future Specific Plan will be analyzed for General Plan consistency with the Specific Plan proposal.
The project is currently consistent with the General Plan and land use impacts are anticipated to be less
than significant.
9.c. Less Than Significant Impact: The project is located in a Multiple Species Habitat Conservation Plan
Criteria Cell. The applicant filed a Habitat Acquisition and Negotiation Strategy (HANS) application.
The City of Temecula has not identified this property as a candidate for habitat acquisition. The project
is consistent with the applicable Multi Species Habitat Conservation Plan and any potential impacts are
anticipated to be less than significant.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQAllnilial Study - PHS. doc
25
10. MINERAL RESOURCES. Would the project:
a.
Issues and SUDDortinp Information Sources
Result in the loss of availability of a known mineral
resource that would be. of value to the region and the
residents of the state?
Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
Qeneral plan, specific plan or other land use plan?
Potentially
Significant
Imoact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Imoact
No
Impact
v'
b.
v'
Comments:
10.a-b. No Impact: The project will not result in the loss of availability of a known mineral resource nor in the
loss of an available, locally important mineral resource recovery site. The State Geologist has given
the City of Temecula a classification of MRZ-3a, containing areas of sedimentary deposits, which have
the potential for supplying sand and gravel for concrete and crushed stone for aggregate. However,
these areas are determined as not containing deposits of significant economic value based upon
available data in reports prepared in accordance with the Surface Mining and Reclamation Act
(SMARA) of 1975. Furthermore, the project site is not identified as an important site known to maintain
such resources as shown in the Final EIR for the City of Temecula General Plan. Therefore, no
impacts are anticipated as a result of this project.
G:\Plannlng\2006\PA06-0370 PHS Tenlative Map (TTM35181)\Planning\CEQA\lnltial Study - PHS.doc
26
11. NOISE. Would the project result in:
a.
b.
c.
d.
e.
f.
Issues and Supportinq Information Sources
Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
aQencies?
Exposure of persons to or generation of excessive
Qroundborne vibration or ground borne noise levels?
A substantial oermanent increase in ambient noise levels
in the project vicinity above levels existing without the
fJroject?
A substantial temoorarv or oeriodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
Droiect area to excessive noise levels?
Comments:
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
-/
No
Impact
Less Than
Significant
Impact
-/
-/
-/
-/
-/
11.a. Potentially Significant Unless Mitigation Incorporated: The existing noise environment in the
project area is dominated by traffic noise from nearby roadways as well as industrial business
operations. The maximum noise level allowed is determined by land use. The City of Temecula
General Plan Noise Element specifies a maximum allowed noise level of 75 dBA CNEL may be
generated from industrial land uses. This standard represents the maximum level of noise exposure on
any community from a light industrial use. The proposed development for Parcel 4 is anticipated to
generate less than significant noise levels based on the use, location, and standard operations. Noise
levels expected to be generated from anticipated future commercial, public institutional and/or
residential land uses will be analyzed with the future Specific Plan. Impacts from future anticipated uses
will be subject to noise analysis and standard mitigation measures if an impact is significant.
There are no' known noise sensitive receptors within the vicinity of the project site; however, there are
several residences located above the project site within the hills to the west. These residences are
located a substantial distance from the project site, but the potential for noise impacts c.ould still be
significant. For that reason, long term noise impacts associated with distribution trucks and
loading/unloading operations will be required to be within noise level standards established by the
Noise Element of the City of Temecula General Plan. The following shall be required as part of the
mitigation monitoring program to ensure all noise impacts associated with the project are a less than
significant level.
Any potential noise impacts will be reduced to a less than significant level with implementation,
monitoring, and enforcement of the following mitigation measure.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS,doc
27
38. Prior to issuance of a building permit, the project applicant shall submit an acoustical analysis
prepared by a certified acoustical engineer to ensure that noise levels will not exceed an Ldn of
75 dBA exterior or an Ldn of 55 dBA interior at the receptor. The analysis shall include
requirements such as special design measures to protect surrounding noise sensitive uses from
ultimate projected operational noise levels.
11.b. Less Than Significant Impact: Construction activities are anticipated within the proposed project that
could expose persons working in the area to, or generate excessive ground borne vibration or
ground borne noise levels. However, noise from construction of the project is temporary and required to
comply with City ordinances regulating the hours of activity to Monday through Friday from 6:30 a.m. to
6:30 p.m. and Saturday from 7:00 a.m. to 6:30 p.m. in industrial areas. Less than significant impacts
are anticipated as a result.
11.c. Less Than Significant Impact: The existing noise environment in the project area is dominated by
traffic noise from nearby roadways as well as industrial business operations. The heaviest traveled
roadways in the vicinity of the project area include Winchester Road and Dendy Parkway, which are
located south and east of the project site. Ambient noise levels in the project vicinity are typical of noise
levels experienced within urbanized areas throughout the City of Temecula. The operation of
mechanical equipment such as air conditioners, fans, and related equipment may generate additional
audible noise levels; however, mechanical equipment would be located within buildings or shielded
'from nearby sensitive noise receptors to attenuate noise and avoid conflicts with future commercial,
public institutional, and/or residential uses. Therefore, operation of mechanical equipment within these
areas would not result in a substantial increase in noise levels. No significant impact would occur and
no mitigation measures would be required.
11.d. Less Than Significant Impact: The project may result in temporary or periodic increases in ambient
noise levels during construction. However, noise from construction of the project will comply with City
ordinances regulating the hours of activity to Monday through Friday from 6:30 a.m. to 6:30 p.m. and
Saturday from 7:00 a.m. to 6:30 p.m. in industrial areas. In addition, the project site is within an
industrial area where currently the closest residential units are over one-quarter mile away and will not
be impacted from temporary increases in ambient noise levels. Less than significant impacts are
anticipated.
11.e-f. No Impact: This project is not within two miles of a public airport or private airstrip. Therefore, people
working in the project area will not be exposed to excessive noi$e levels generated by an airport and no
impacts will result from this project.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS.doc
28
12. POPULATION AND HOUSING. Would the project:
a.
Issues and SUPDortinp Information Sources
Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
Displace substantial numbers of people, necessitating the
construction of replacement housinQ elsewhere?
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
[moat..i
y'
No
Imoact
b.
y'
I c.
y'
Comments:
12.a. Less Than Significant Impact: The project site is located within an urbanized area with existing
infrastructure and roadways. Development of the project site would result in the extension of roads
and/or major infrastructure that may cause some people to relocate to, or within Temecula to be closer
to their place of employment. Future population and housing impacts expected from anticipated future
uses will be analyzed under a future Specific Plan. Currently, the proposed project would not induce
growth beyond what is projected in the City of Temecula General Plan because industrial land uses,
such as PHS, were anticipated for the Industrial Park (IP) areas of the City (Page LU-21). In addition,
the proposed project is largely intended to implement the City's General Plan goals by providing for
additional quality employment opportunities, and supporting the existing Professional Hospital Supply
(PHS) corporation expansion by providing for a 608,934 square foot facility to include supporting office,
warehouse, and distribution space. Substantial population growth is not anticipated as a result of the
project and impacts will be less than significant.
12.b-c.No Impact: No residential properties currently exist on the project site; therefore, implementation of the
proposed project would not displace existing housing, nor would it displace numbers of people,
necessitating the construction of replacement housing elsewhere. No impacts would occur and no
mitigation measures are required.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS.doc
29
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other performance
objectives for any of the public services:
I a.
lb.
I c.
I d.
Ie.
Issues and SUDDortina,lnformation Sources
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Potentially
Significant
Imoact
Potentially
Significant Unless
Mitigation
Incarcorated
Less Than
Significant
Imoact
.{
.{
.{
.{
.{
No
Imoact
Comments:
13.a-e.Less Than Significant Impact: The proposed project for a 608,934 square foot industrial building and
future anticipated commercial, public institutional, and/or residential development of the 84 acre site will
have a less than significant impact on upon public facilities. The project will not result in a need for new
or altered fire, police, or recreation facilities because the project is consistent with the Industrial Park
(IP) land use designation analyzed as part of the General Plan. The General Plan anticipated for this
type of development in the designed IP areas of the City. Future impacts expected from anticipated
future commercial, public institutional, and/or high-density residential uses described in the
Development Agreement (PA07-0220) will be analyzed under a future Specific Plan. The project as
proposed will not have an impact upon, and will not result in a need for new or altered school facilities
because there will not be residential dwellings being developed under this approval, and residential
development typically triggers the need for new or expanded school facilities. However, sewer and
water service will need to be extended to serve the development. The Rancho California Water District
(RCWD) has been made aware of this project and indicated sewer and water service is available and
may be extended to the site upon agreement between the property owner and RCWD. No significant
impacts are anticipated as a result of this project.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEOA\lnitial Stwdy - PHS. doc
30
14. RECREATION. Would the project:
a.
Issues and SUDoortin.a Information Sources
Increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be
accelerated?
Include recreational facilities or require the construction
or expansion of recreational facilities which might have an
adverse phvsical effect on the environment?
Potentially
Significant
Imoact
Potentially
Significant Unless
Mitigation
Incoroorated
Less Than
Significant
Imoact
No
Imoact
.{
b.
.{
Comments:
14.a. No Impact: The project is located within an industrial zone planned for this type of development. The
project will not increase the use of recreational facilities or cause the deterioration a recreational land.
No impacts are anticipated as a result of this project.
14.b. No Impact: The proposed project does not include an open space or recreational facility. The project
will not require the construction or expansion of additional recreational facilities. No impacts are
anticipated as a result of the proposed project.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Stwdy - PHS.doc
31
15. TRANSPORTATION/TRAFFIC. Would the project:
a.
b.
c.
d.
Ie.
I f.
g.
Issues and SupDortinq Information Sources
Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to capacity
ration on roads, or conQestion at intersections)?
Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
mana!"Jement aQency for desiQnated roads or hiqhways?
Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.Q., farm equipment)?
Result in inadequate emerqency access?
Result in inade(luate parkinq capacity?
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicvcle racks)?
Comments:
Potentially
Significant
Imoact
Potentially
Significant Unless
Mitigation
Incoroorated
No
Impact
Less Than
Significant
Impact
.{
.{
.{
.{
.{
.{
.{
15.a-b. Less than Significant Impact: The project proposes a 608,934 square foot industrial medical supply
warehouse (including 82,476 square feet of office use), and approximately 178,000 square feet of
commercial retail uses, 31,200 square feet of office uses, a small percentage of high density
residential, and/or public institutional facilities on 84 gross acres. The anticipated land uses other than
the proposed industrial development will be subject to further review and approval when the exact uses
are determined and analyzed as part of a future Specific Plan. The applicant prepared a traffic study,
entitled Professional Hospital Supply Traffic Impact Analysis, dated October 20, 2006, by Urban
Crossroad, which analyzed the "worse case" conservative conditions based on the proposed industrial
development and anticipated future uses. The analysis reviewed existing traffic conditions in the
vicinity of the project site, as well as the potential project impacts at the following intersections adjacent
to the project site:
. Driveway A (NS) at Remington Avenue (EW)
\
. Winchester Road (NS) at Remington Avenue (EW)
. Driveway B (NS) at Dendy Parkway (EW)
. Diaz Road (NS) at Winchester Road (EW)
. Enterprise Circle (NS) at Winchester Road (EW)
. Jefferson Avenue (NS) at Winchester Road (EW)
. 1-15 Southbound Ramps (NS) at Winchester Road (EW)
. 1-15 Northbound Ramps (NS) at Winchester Road (EW)
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Slwdy. PHS. doc
32
The General Plan has established Level of Service (LOS) D as the lowest acceptable level of service
for traffic circulation within the City of Temecula. All intersections within the study area currently
operate at LOS 0 or better during the peak hours. The proposed development at build out is projected
to generate approximately 14,364 trip-ends per day with 613 vehicles per hour during the a.m. peak
hour and 1,386 vehicles per hour during the p.m. peak hour. Approximately 70 percent of the
Professional Hospital Supply (PHS) warehousing trips are being relocated from existing facilities in the
irnmediate vicinity of the project site.
The proposed project is anticipated to be built out in 2009; therefore the traffic analysis was based on
three years of background traffic growth at a rate of two percent per year for a total of six percent
(Traffic Impact Analysis, 2006, page 4-7). For 2009, with the addition of estimated project traffic plus
traffic from future adjacent development, all study area intersections are expected to operate at LOS D
or better at peak hours with the exception of the intersections of Diaz Road at Winchester Road and
Jefferson Avenue at Winchester Road (Traffic Impact Analysis, 2006, page 5-1). It should be noted
that without the addition of the proposed Temecula Education Center all intersections will operate at a
LOS "D" or better.
To address site specific circulation and access, the following public improvements will be required as
conditions of approval for Tentative Tract Map No. 35181 and the Development Plan for PHS:
. Construct Driveway A on Remington Avenue as a cross-street stop with full access
. Construct Driveway B on Dendy Parkway as a cross-street stop with full access
. Construct Dendy Parkway from Winchester Road to the eastern project boundary at its ultimate
half-section width as a secondary arterial in conjunction with development.
. Construct Winchester Road from Remington Avenue to Dendy Parkway at its ultimate half-
section width as a secondary arterial in conjunction with development
. Construct Remington Avenue from the driveway serving the retail (proposed Pad 3) to
Winchester Road at its ultimate full section width as a local road in conjunction with
development
. Construct the extension of Remington Avenue west of Winchester Road. Install a stop control
on the eastbound leg of Remington Avenue for an all-way stop controlled intersection
. Stripe a 200 foot northbound left turn pocket at the intersection of Winchester Road at
Remington Avenue
To address off-site improvements, participation in funding of construction for improvements which are
needed to serve 2009 conditions shall be required through the payment of City of Ternecula
Development Impact Fees (DIF) and Western Riverside County Transportation Uniform Mitigation Fees
(TUMF). Payment of these fees will help support Capital Irnprovement Program (CIP) projects that
reduce traffic congestion in these areas. Specific CIP projects, such as the construction of the French
Valley Parkway overpass and interchange with the 1-15 freeway, and the extension of Cherry Street
and the construction of the Western By-Pass Corridor, are anticipated to mitigate impacts along
Winchester Road, including the impacted intersections of Diaz Road at Winchester Road and Jefferson
Avenue at Winchester Road, at the completion of cumulative projects such as the Temecula Education
Center.
The Development Agreement between the City of Temecula and the applicant identifies public road
improvements that will be accomplished as part of the Owner's development obligations. These
improvements include the following and have been taken into consideration in the analysis of potential
significant impacts related to traffic/circulation:
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEOA\lnitial SWdy - PHS.doc
33
The General Plan has established Level of Service (LOS) D as the lowest acceptable level of service
for traffic circulation within the City of Temecula. All intersections within the study area currently
operate at LOS D or better during the peak hours. The proposed development at build out is projected
to generate approximately 14,364 trip-ends per day with 613 vehicles per hour during the a.m. peak
hour and 1,386 vehicles per hour during the p.m. peak hour. Approximately 70 percent of the
Professional Hospital Supply (PHS) warehousing trips are being relocated from existing facilities in the
immediate vicinity of the project site.
The proposed project is anticipated to be built out in 2009; therefore the traffic analysis was based on
three years of background traffic growth at a rate of two percent per year for a total of six percent
(Traffic Impact Analysis, 2006, page 4-7). For 2009, with the addition of estimated project traffic plus
traffic from future adjacent development, all study area intersections are expected to operate at LOS D
or better at peak hours with the exception of the intersections of Diaz Road at Winchester Road and
Jefferson Avenue at Winchester Road (Traffic Impact Analysis, 2006, page 5-1). It should be noted
that without the addition of the proposed Temecula Education Center all intersections will operate at a
LOS "D" or better.
To address site specific circulation and access, the following public improvements will be required as
conditions of approval for Tentative Tract Map No. 35181 and the Development Plan for PHS:
. Construct Driveway A on Remington Avenue as a cross-street stop with full access
. Construct Driveway B on Dendy Parkway as a cross-street stop with full access
. Construct Dendy Parkway from Winchester Road to the eastern project boundary at its ultimate
half-section width as a secondary arterial in conjunction with development.
. Construct Winchester Road from Remington Avenue to Dendy Parkway at its ultimate half-
section width as a secondary arterial in conjunction with development
. Construct Remington Avenue from the driveway serving the retail (proposed Pad 3) to
Winchester Road at its ultimate full section width as a local road in conjunction with
development
. Construct the extension of Remington Avenue west of Winchester Road. Install a stop control
on the eastbound leg of Remington Avenue for an all-way stop controlled intersection
. Stripe a 200 foot northbound left turn pocket at the intersection of Winchester Road at
Remington Avenue
To address off-site improvements, participation in funding of construction for improvemen:s which are
needed to serve 2009 conditions shall be required through the payment of City of Temecula
Development Impact Fees (DIF) and Western Riverside County Transportation Uniform Mitigation Fees
(TUMF). Payment of these fees will help support Capital Improvement Program (CIP) projects that
reduce traffic congestion in these areas. Specific CIP projects, such as the construction of the French
Valley Parkway overpass and interchange with the 1-15 freeway, and the extension of Cherry Street
and the construction of the Western By-Pass Corridor, are anticipated to mitigate irnpacts along
Winchester Road, including the impacted intersections of Diaz Road at Winchester Road and Jefferson
Avenue at Winchester Road, at the completion of cumulative projects such as the Temecula Education
Center.
The Development Agreement between the City of Temecula and the applicant identifies public road
improvements that will be accomplished as part of the Owner's development obligations. These
improvements include the following and have been taken into consideration in the analysis of potential
significant irnpacts related to traffic/circulation:
G:\P!anning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Slwdy - PHS. doc
34
. Owner shall construct the Remington Road extension and access points from the Property to
Remington Road
. Dedicate full section right-of"way for the Western Bypass within the project boundaries
. Provided the Western By-Pass is constructed, Owner shall construct, at its own expense, any
connector roads or on or off ramps from the Property to the Western By-Pass
Addition on-site requirements that occur as part of the conditions of approval include sight distance at
the project entrances to be reviewed with respect to Caltrans and City of Temecula sight distance
standards at time of preparation of final grading, landscaping, and street improvement plans, on"site
traffic signing and striping to be detailed in conjunction with construction plans for the project site and
implemented prior to occupancy, and stop signs, stop bars and stop legends to be provided at the
project access points. With implementation of the required improvements and fees as part of the
conditions of approval traffic irnpacts from this project are anticipated to be a less than significant.
15.c. No Impact: Development of the proposed project will not result in a change in air traffic patterns,
including an increase in traffic levels or a change in location that would result in substantial safety risks.
This site is not within the French Valley Airport influence area. No impacts are anticipated as a result of
the project
15.d. No Impact: The project will not increase hazards to safety from design features. The project is
designed to current City standards and will not pose any hazards from sharp curves or dangerous
intersections. No significant impacts are anticipated as a result of this project.
15.e. No Impact: The project will not result in inadequate emergency access or inadequate access to
nearby uses. The project is designed to current City standards and provides for adequate ingress and
egress from the site. The project does not interfere with access to nearby uses. The Fire and Police
Departments have reviewed the proposed project and have determined that adequate emergency
access has been provided. No impacts are anticipated as a result of this project.
15.f. Less than Significant Impact: The project proposes a 608,934 square foot industrial medical supply
warehouse (including 82,476 square feet of office use), and future industrial, commercial, retail, office,
public institutional, and/or high density residential development on an 84 acre site. Development of the
608,934 square foot industrial building for Professional Hospital Supply (PHS) will compromise
approximately 30 acres of the 84 acre project. The City of Temecula requires parking be provided at a
ratio of 1 space per 1,000 square feet of warehouse and 1 space per 300 square feet of office. The
City's parking ordinance does not address large scale distribution facilities such as the proposed
project; however, other jurisdictions in southern California do. Based on City standards a total of 801
parking spaces are required for the PHS project. The project will provide a total of 399 on site parking
spaces. Based on PHS's unique operations, in which warehouse/distribution activities run seven days a
week/24 hours a day in three shifts with approximately 245 employees per shift, an alternate parking
plan has been implemented. Recognizing that distribution facilities require above average loading
capacity and typically have lower employee counts, 399 parking spaces is adequate for the facility size
and use. The alternate parking plan is based upon the inverse relationship between loading capacity
for fright movement and employee parking requirements. If the use on Parcel 4 were to change in the
future, in which the required amount of warehouse storage and loading areas were to decrease, and
employee parking needs were to increase, the site can accommodate additional automobil., parking by
re-stripping the loading areas. The other three developable parcels will be required to provide
adequate parking based on the parking requirements for each use specified in the future Specific Plan.
Therefore, the project will not result in inadequate parking capacity and impacts are anticipated to be
less than significant.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Stwdy - PHS. doc
35
15.g. No Impact: Transit Service for the project site is currently served by the Riverside Transit Authority
(RT A). The surrounding industrial area has established alternative transportation routes (i.e. bus and
bicycle routes) along Winchester Road and Diaz Road. New bus facilities and/or routes were not
required as a result of the proposed project. The project will be required to be designed consistent with
adopted policies, plans, or programs supporting this alternative transportation. No conflict or adverse
impact to adopted alternative transportation policies, plans or programs is forecast to occur from
implementing the proposed project and therefore, no impact is anticipated as a result of this project.
G:\Plannlng\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEOA\lnitial Stwdy - PHS.doc
36
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
I a.
b.
c.
d.
e.
I f.
I g.
Issues and SUDDortinq Information Sources
Exceed wastewater treatment requirements of the
applicable ReQional Water Quality Control Board?
Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
Be served by a landfill with sufficient permitted capacity to I
accommodate the project's solid waste disposal needs?
Comply with federal, state, and local statutes and I
requlations related to solid waste?
Comments:
Potentially
Significant
Imoact
Potentially
Significant Unless
Mitigation
Incarcorated
No
Imoact
Less Than
Significant
Imoact
.{
.{
.{
.{
.{
.{
.{
16.a-b,e.Less Than Significant Impact: Development of the proposed project will have an incremental effect
upon existing systems. However, the Final Environmental Impact Report (FEIR) for the City's General
Plan states: "implementation of the proposed General Plan would not significantly impact wastewater
services." Since the project implements the goals and policies of the City's General Plan, no significant
impacts are anticipated as a result of this project. Moreover, the project will be conditioned to comply
with Regional Water Quality Control Board standards that will be monitored by the Department of Public
Works. Potential impacts would be less than significant and no mitigation measures are required.
16.c. Less Than Significant Impact: The development of the parcel will require or result in the construction
of new storm water drainage facilities onsite that will connect to the existing system currently in place.
The design of the existing system offsite is expected to be sufficient to handle this project and will not
require the expansion of existing facilities (Preliminary Drainage Study for TTM 35181 prepared by
SB&O, Inc. on March 6, 2007). The alteration of existing drainage patterns for future development of
Parcels 1, 2, and 3 will be analyzed under a future Specific Plan and subsequent development plans for
each of the parcels. The project has been conditioned to address storm drainage flows that would
result from the proposed development. This project will be conditioned to comply with Conditions of
Approval for Tentative Map No. 35181 and Development Plan for Parcel 4, which required submittal of
a drainage study with the initial grading plan check. With implementation of the drainage study
recommendations, impacts associated with storm water drainage would be less than significant.
16.d. Less Than Significant Impact: While the proposed project will have an incremental impact upon
existing systems, the project will not significantly impact existing water supplies nor require expanded
water entitlements. Adequate water supplies have been identified by the Rancho California Water
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Plannlng\CEQA\lnitial Stwdy - PHS. doc
37
District to meet the current and immediate future demands in its service area, including the proposed
project. Therefore, a less than significant impact is expected.
16.f-g. Less Than Significant Impact: The project will not result in a need for new landfill capacity.
According to the General Plan Environmental Impact Report (EIR), page 5.14-5, and the County Solid
Waste Management Plan adequate landfill disposal capacity exists within the regional landfills to meet
current and future dernands with the incorporation and continued expansion of recycling programs and
opportunities. Any potential impacts from solid waste created by this development can be mitigated
through participation in Source Reduction and Recycling Programs, which are implemented by the City.
Less than significant impacts are anticipated as a result of this project.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQAllnitial SWdy - PHS.doc
38
17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
a.
b.
c.
Issues and Supoortinq Information Sources
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 rnajor periods of
California history or prehistory?
Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
proiects, and the effects of probable future proiects)?
Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectlv?
Comments:
Potentially
Significant
Imoact
Potentially
Significant Unless
Mitigation
Incoroorated
.{
No
Imoact
Less Than
Significant
Imoact
.{
.{
17.a. Potentially Significant Unless Mitigation Incorporated: The proposed project is for a Development
Agreement (PA07-0220) and General Plan Amendment (PA07-0048), which will. authorize the
development of an approximate 84 acre site, a Tentative Tract Map (TTM 35181, PA06-0370) to
subdivide the 84 acre site into four developable parcels and one 16 acre easement parcel for slope and
drainage purposes, and i3 Development Plan on Parcel 4 for a three-story 608,934 square foot
industrial warehouse/distribution building. Industrial development of this type is allowed in the Light
Industrial land use designation and conditionally permitted in the Light Industrial zone. A future Specific
Plan will define the anticipated commercial, retail, high density residential, and public institutional land
uses for three of the four developable parcels. The entire project site is located in an urbanized area
surrounded by industrial and commercial land uses. Portions of the site have been previously graded
and disturbed, and contain no biological resources or any habitat suitable to support any MSHCP-
covered species. Implementation of the proposed project would potentially affect sensitive vegetative
communities, habitats of sensitive animal species, raptor nests, and the burrowing owl. No threatened
or endangered plant species were observed on site. Implementation of mitigation measures as
previously described within this Initial Study would ensure that impacts to habitat and associated animal
species are reduced to a less than significant level.
As described previously, prehistoric or historic archaeological sites are known to exist within the project
site. Mitigation would ensure that development would not cause a substantial adverse change in the
significance of an archaeological or paleontological resource.
Therefore, with mitigation, development of the proposed project would not degrade the quality of the
environment, substantially reduce the habitat of 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 major periods of California history or prehistory.
G:\Planning\2006IPA06-0370 PHS Tentative Map (TTM35181)\PlanningICEQAllnitial Stwdy _ PHS.doc
39
17.b. Less Than Significant With Mitigation Incorporated: The project site would be developed in
conformance with the City of Temecula's General Plan and Development Code. Cumulative effects for
the industrial development of this site were analyzed in the General Plan Environmental Impact Report.
Without cumulative traffic (estimated proposed project traffic plus traffic from future adjacent
development of the Temecula Education Center) all study area intersections are expected to operate at
acceptable levels at peak hours. All cumulative impacts for the various anticipated land uses of the
subject site will be analyzed under a future Specific Plan. All other cumulative resource issues were
found to be consistent with the General Plan and the Development Code. Given the project's
consistency with the General Plan and Development Code, the cumulative impact related to the
development of the proposed project will not have a significant impact.
17.c. Less Than Significant With Mitigation Incorporated: The proposed project will not have environmental
effects that would cause substantial adverse effects on human beings, directly or indirectly. Potential
impacts include short-term construction effects and the long-term effects that result from converting a
property from its existing setting to a developed site. Most of the potential adverse impacts are either
not significant without mitigation or they can be controlled to a less than significant impact with
identified mitigation measures. Several potential impacts (aesthetics, air quality, biology, cultural
resources, geology) require extensive mitigation to ensure that impacts are controlled to a less than
significant level.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Stwdy - PHS.doc
40
18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR,
or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D).ln this case a discussion should identify the following
on attached sheets.
I a. Earlier analyses used. Identify earlier analyses and state where they are available for review. I
b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed bv mitiqation measures based on the earlier analysis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined frorn the earlier document and
the extent to which thev address site-specific conditions for the proiect.
Comments:
18.a. The City's General Plan and Final Environmental Impact Report were used as a referenced source in
preparing the Initial Study. These documents are available for review at the City of Temecula Planning
Department located at 43200 Business Park Drive.
18.b. Impacts to habitat from the approved Western Bypass were previously addressed by mitigation
measures based on an earlier analysis.
18.c. The mitigation measures are addressed in the Mitigation Monitoring Program, which is attached.
SOURCES
1. Air Quality Impact Analysis Report prepared by Urban Crossroads (October 20, 2006)
2. Archaeological and Paleontological Assessment Report prepared by Cogstone Reso'urce Management,
Inc. (August 2006)
3. Archaeological Testing Program prepared by LSA Associates, Inc. (March 2007)
4. Biological Technical Report prepared by Helix Environmental Planning, Inc. (March 23, 2007)
5. Burrowing Owl Habitat Assessment prepared Helix Environmental Planning, Inc. (March 23, 2007)
6. City of Temecula General Plan (April 12, 2005)
7. City of Temecula General Plan Final Environmental Impact Report (April 12, 2005)
8. Final Report on Prehistoric Site Boundary Testing and Survey of a Historic Homestead at CA-RIV-
237/H Temecula, California prepared by Cogstone Resource Management Inc. (October 2005)
9. Jurisdictional Delineation Reportprepared by Helix Environmental Planning, Inc. (June 26, 2007)
10. Limited Percolation Study for Temecula 32 - PHS Building Site prepared by GeoTek, Inc. (October 13,
2006)
11. Preliminary Drainage Study for TTM 35181 prepared by SB&O, Inc. (March 6, 2007)
12. Preliminary Geotechnical Evaluation for Temecula 32 prepared by GeoTek, Inc. (July 2006)
13. Preliminary Slope Stability Evaluation prepared by GeoTek, Inc. (March 21, 2007)
14. Traffic Impact Analysis Report prepared by Urban Crossroads (October 20,2006)
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\PlanningICEOAllnitial Stwdy - PHS.doc
41
ATTACHMENT NO.8
MITIGATION MONITORING PROGRAM
G:IPlanningI2006IPA06-0370 PHS Tentative Map (TTM35181 )IPlannlnglPCIPC STAFF REPORT.doc
20
Project Description:
Location:
Applicant:
General Impact:
Mitigation Measure:
SpeCific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
Mitigation Monitoring Program
Development Agreement between the City of Temecula and
Temecula Properties, LLC, Planning Application Nos. PA07-0220
(Development Agreement), PA07-0048 (General Plan
Amendment), PA06-0370 (Tentative Tract Map No. 35181), and
PA06-0369 (Development Plan) for Professional Hospital Supply
(PHS)
Northwest corner of Winchester Road and Dendy Parkway
The Garrett Group
One BetterWorld Circle
Temecula, CA 92590
Aesthetics
Have a substantial adverse effect on a scenic vista and
substantially degrade the existing visual character or quality of the
site and its surroundings.
1. To ensure that the scale and character of proposed
development along the hillside does not detract from the natural
views, all structures associated with the development shall be
designed in conformance with the General Plan requirements and
Developrnent Code standards. Specifically, the visual mass of the
buildings along the hillside shall be reduced through breaks in the
structure, tree plantings, articulation of the fa<<ade, and other
architectural devices.
2. The development shall be designed to rnlnJmlze
detrimental impacts on surrounding properties, including, but not
limited to, visual, noise, air quality and other environmental
impacts. Strategies for minimizing the impacts include protecting
any future residential areas adjacent to industrial and commercial
developrnent through screening of circulation areas, loading 8reas
and trash collection points or other areas that could potentially be
disruptive to the character of the adjacent areas.
Planning staff will verify compliance with the above mitigation
measures as part of the building plan check review process
Prior to issuance of building permits
Planning Department
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEOA\Mitigation Monitoring Program.doc
1
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Air Quality
Violate any air quality standard or contribute substantially tJ an
existing or projected air quality violation, or result in a cumulatively
considerable net increase of any criteria pollutant for which the
project region is non-attainment under an applicable federal or
state ambient air quality standard (including releasing emissions
which exceed quantitative thresholds for ozone precursors).
3. Adhere to best management practices which include the
application of water on disturbed soils twice daily, covering haul
vehicies, replanting disturbed areas as soon as practical and
restricting vehicle speeds on unpaved roads to 15 mphto control
fugitive dust.
4. Trucks hauling dust, sand, gravel, or soil are to be covered
or should maintain at least two feet of freeboard in accordance
with Section 23114 of the California Vehicle Code.
5. During site grading, underground, and building activity
construction, the contractor shall adhere to SCAQMD Rule 431.2
(diesel fuel with sulfur content of 15 ppm by weight or less).
6. During construction, off-road construction equipment shall
be maintained in good condition and in proper tune as per
manufacturers' specifications and restrict diesel equipment idling
to no more than five minutes.
7. Limit application of paint to 50 gallons per day and use of
Zero-VOC paints (assumes no more than 150 gram/liter of VOC).
Planning staff will verify compliance with the above mitigation
measures as part of the grading plan and building plan review
process
Prior to issuance of a grading perrnit and building permits
Planning Department and Public Works Departrnent
Biological Resources
Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensiti'le,
or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish and Game or
U.S. Fish and Wildlife Service, or have a substantial adverse
effect on any riparian habitat or other sensitive natural community
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\Mitigation Monitoring Program.doc
2
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
identified in local or regional plans, policies, regulations, or by the
California Department of Fish and Game or US Fish and Wildlife
Service.
8. A pre-construction burrowing owl survey is required 30
days prior to commencement of construction. If any burrowing owl
is found on site, the CDFG shall be consulted, and a passive
relocation effort shall be undertaken outside of the nesting
season. No disturbance of active nests shall occur.
9. A qualified biologist shall determine if any active raptor
nests occur within the limits of disturbance prior to
commencernent of grubbing, clearing, or grading activities.
10. No brushing, clearing, or grading shall occur within 500
feet of occupied tree-nesting raptor habitat during the raptor
breeding season (typically December to July).
11. In order to ensure MBT A compliance, clearing of native
vegetation shall occur outside the breeding season of most avian
species (February 1 through September 15) unless a pre-
construction nesting bird survey determines that no nesting birds
are present. The City of Temecula shall approve activities after
concurrence is received from the wildlife agencies.
12. Lighting within the proposed project adjacent to preserved
habitat shall be of the lowest illumination allowed for human safety
and selectively placed, shielded, and directed away from
preserved habitat.
13. Impacts to upland habitats and associated species shall be
addressed through participation in the MSHCP and payment of
the MSHCP Local Development Mitigation fees. The project is
located within the Riverside County Stephens' kangaroo rat HCP
Fee Assessment Area fee area.
Planning staff will verify compliance with the above mitigation
measures as part of the grading plan check review process
Prior to issuance of a grading permit and building permits
Planning Department and Public Works Department
Biological Resources
Have a substantial adverse effect of federally protected wetlands
as defined by Section 404 of the Clean Water Act (including, but
not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means.
G:IPlanningI2006IPA06-0370 PHS Tentative Map (TTM35181 )IPlanninglCEQAIMitigation Monitoring Program. doc
3
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General impact:
Mitigation Measures:
14. Both federal Clean Water sections 404 and 401 pe;-mits
and a 1602 Streambed Alteration Agreement are required.
Copies of all required permits shall be provided to the City prior to
the start of construction and comply fully with all of the terms and
conditions of those permits and agreement.
15. Impacts to jurisdictional areas shall be mitigated at least a
1:1 ratio through off-site creation or purchase of wetland credits
within an approved wetland mitigation bank.
Planning staff shall verify compliance with the above rnitigation
measures as part of the grading plan check review process
Prior to issuance of a grading permit and building permits
Planning Department and Public Works Department
Cultural Resources
Cause a substantial adverse change in the significance of a
historical or archaeological resource pursuant to Section 15064.5,
and disturb any human remains, including those interred outside
of formal cemeteries.
16. Prior to the issuance of a grading permit, the project
proponent shall prepare an assessment of the archaeological and
cultural resources on the 84 acre project site. The assessment
shall be performed by a qualified archaeologist in conjunction with
the Pechanga Band of Luisefio Indians in order to determine
whether there are cultural resources on the property and evaluate
the significance of any such resources. Any such testing shall
involve the Pechanga Tribe, and all tests to determine impacts
should be completed prior to the issuance of grading permits.
17. Prior to the issuance of a grading permit, the project
proponent shall conduct further cultural resources testing on the
site in the areas which have been designated by the Pechanga
Tribe as likely to contain cultural resources. Prior to the testing,
the project proponent shall meet with representatives of the
Pechanga Tribe and the City to determine the specific additional
-areas that shall be tested. Representatives of the Pechanga Tribe
shall be present during the testing and the project proponent s~lall
meet and confer in good faith with such Tribal representatives with
respect to comments they may have on the testing. In the event
additional mitigation measures are necessary as a result of
cultural resources discovered the testing, the Director of Planning
shall be authorized, following a Director's Hearing, to impose such
new conditions or modify existing conditions as necessary to
G:\Planning\2006\PA06-0370 PHS Tentative Map {TTM35181)\Planning\CEQA\Mitigation Monitoring Program.doc
4
mitigate any additional cultural resources impacts which may be
identified.
18. Prior to the issuance of grading perrnits, the project
proponent shall enter into a Treatment Agreement with the
Pechanga Band of Luisefio Indians. This agreement will address
the treatment and disposition of cultural resources and human
remains that may be uncovered during construction as well as
provisions for tribal monitors.
19. Tribal monitors from the Pechanga Band of Luisefio
Indians shall be allowed to monitor all grading, excavation and
ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal
monitors shall have the authority to temporarily stop and redirect
grading activities to evaluate the significance of any
archaeological resources discovered on the property, in
conjunction with the archeologist and the Lead Agency.
20. A qualified archaeologist monitor shall be present during
all earthmoving activities. The monitor shall be empowered to
temporarily halt or redirect construction work in the vicinity of the
find until it can be evaluated by the project archaeologist in
conjunction with the Pechanga Tribe. In the event of a new find,
further testing, excavation, and/or reporting may be required.
21. If cultural resources are discovered during the project
construction (inadvertent discoveries), all work in the area of the
find shall cease, and a qualified archaeologist and representatives
of the Pechanga Tribe shall be retained by the project sponsor to
investigate the find, and make recommendations as to treatment
and mitigation.
22. If human remains are encountered, all activity shall cease
and the County Coroner must be notified immediately. State
Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a
determination of the origin and until treatment pursuant to Public
Resources Code Section 5097.98 has been decided. The Coroner
shall determine if the remains are prehistoric, and shall notify the
State Native American Heritage Commission (NAHC) if applicable.
Further actions shall be determined by the desires of the Most
Likely Descendent (MLD).
23. The landowner shall agree to relinquish ownership of all
cultural resources, including all Luisefio sacred items, burial goods
and all archeological artifacts that are found on the project site to
the Pechanga Band of Luisefio Indians for proper treatment and
disposition.
G:IPlanningI2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningICEQAIMitigation Monitoring Program.doc
5
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measures:
24. All sacred sites within the project area are to be avoided
and preserved.
25. The %-acre of cultural site CA-RIV 237 located in the
northeast corner of Planning Application 06-0370 shall be
preserved in Open Space and recorded with the County Recorder
of Riverside County as a conservation easement for preservation
purposed in perpetuity. The %-acre of CA-RIV 237 shall not be
subject to development, archeological testing or ground-disturbing
activities.
The Planning Department shall be notified in the event any
resources are discovered. Place the above Condition of Approval
on this project to require cultural resource monitoring during all
earthmoving activities.
On-going during all earthmoving phases of the project
Planning Department and Public Works Department
Cultural Resources
Cause a substantive adverse change in the significance of
paleontological resources.
26. A qualified paleontological monitor shall provide cultural
resources sensitivity training (a 15 rnin. presentation) for all project
personnel.
27. All impacts to the sandstone and fanglomerate members of
the Pauba Forrnation shall be monitored full time at the beginning
of grading. A trained paleontological monitor shall be present
during ground disturbing activities within the project area
determined likely to contain paleontological resources. Monitoring
will be adjusted to spot checking if initial monitoring shows
negative results.
28. Upon encountering any significant fossils, salvage of all
fossils in the area shall be conducted with additional field staff and
in accordance with modern paleontological techniques.
29. Any significant fossils recovered shall be prepared to a
reasonable point of identification. Excess sediment or matrix will
be rernoved from the specimens to reduce the bulk and cost of
storage. Itemized catalogs of all material collected and identified
shall be provided to the museum repository along with the
specimens.
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181 )IPlanninglCEQAIMitigation Monitoring Program.doc
6
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
30. Prior to the issuance of a building permit, a report
documenting the results of the monitoring and any salvage
activities and the significance of the fossils shall be prepared.
31. Any significant fossils recovered, along with the itemized
inventory of the specimens, shall be deposited in a museum
repository for permanent curation and storage.
The Planning Department shall be notified in the event any
resources are discovered. Place the above Condition of Approval
on this project to require cultural resource monitoring during all
earthmoving activities.
On-going during all earthmoving phases of the project
Planning Department and Public Works Department
Geology and Soils
Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving strong
seismic ground shaking.
32. Seismically resistant structural design in accordance with
local building ordinances shall be followed during the design of all
structures.
33. Subsequent geotechnical reviews shall be conducted prior
to the development of Parcels 1, 2, and 3 created by this project.
Building and Safety staff will verify compliance with the above
mitigation measure as part of the grading and building plan check
review processes.
Prior to issuance of a grading permit and building permits
Planning Department, Building and Safety Department, and Public
Works Department
Geology and Soils
Result in substantial soil erosion or the loss of topsoil, be located
on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or
off-site landslide, lateral spreading, subsidence, liquefaction or
collapse, or be located on expansive soil, as defined in Table 18-
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM351Sl)\Planning\CEQA\Mitigation Monitoring Program.ooe
7
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measure:
Specific Process:
1-B of the Uniform Building Code (1994), creating substantial risks
to life or property.
34. Prior to the issuance of grading and building permits, the
applicant shall submit to the Public Works Department an erosion
control plan prepared in accordance with the requirements of the
Temecula Municipal Code, Section 18.15, Erosion and Sediment
Control.
35. Prior to the issuance of occupancy permits, landscape
plans shall be prepared for all slopes created by the grading and
fill of these sites consistent with "Slope Planting Guidelines" and
the Development Code, and shall provide erosion contrc.l on
undeveloped portions ofthe site.
36. Prior to the issuance of grading and building permits, the
recommendations contained in soils report(s), geotechnical report,
and slope stability report shall be implernented.
37. Plants selected for slope landscaping shall be light-weight,
deep rooted type vegetations that require little water and are
capable of surviving with little irrigation.
Planning, Public Works, and Building and Safety staff 'will verify
compliance with the above mitigation measure as part of the
grading and building plan check review processes.
Prior to issuance of a grading permit and building permits
Planning Department, Building and Safety Department, and Public
Works Department
Noise
Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance,
or applicable standards of other agencies.
38. Prior to issuance of a building permit, the project applicant
shall submit an acoustical analysis prepared by a certified
acoustical engineer to ensure that noise levels will not exceed an
Ldn of 75 dBA exterior or an Ldn of 55 dBA interior at the
receptor. The analysis shall include requirements such as special
design measures to protect surrounding noise sensitive uses from
ultimate projected operational noise levels.
Planning staff will verify compliance with the above mitigation
measures as part of the building plan check review process
G:IPlanningI2006IPA06-0370 PHS Tentative Map (TTM35181)\PlanningICEQAIMitigation Monitoring Program.doc
8
Mitigation Milestone:
Responsible Monitoring
Party:
Prior to issuance of building permits
Planning Department
G:\PlanningI2006\PA06-0370 PHS Tentative Map (TTM35181 )IPlanning\CEQAIMitigatlon Monitoring Program.doc
9
ATTACHMENT NO.9
PUBLIC CORRESPONDENCE
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181 )IPlanninglPCIPC STAFF REPORT.doc
21
TOMARAS & OGAS, LLP
1075S-FScRlPPSPoWAYPARKWAY #281' SAN DIEGO, CAIJFORNIA 92131
TEIEPHoNE(ll58)554-0550' FACSIMIlE(ll58)777./i765 . WWW.MlOWLAW.COM
Kathryn A. Ogas
Brenda L. T omaras
kogaS@mtowlaw.com
btomaras@mtowIaw.com
August 17, 2007
VIA FACSIMILE and U.S. MAIL
Dana Schuma, Associate Planner
City ofTemecula
Planning Department
432000 Business Park Drive
Temecula, CA 92590
Re: Development Agreement (pA07-0220), General Plan Amendment (pA07-0048),
Tentative Tract Map No. 35181 (PA06-0370), and Development Plan (pA06-
0369) with Minor Exception (p A07-0090) - Initial StudylMitigated Negative
Declaration
Dear Ms. Schuma:
Our firm represents the Pechanga Band ofLuiseiio Indians. The Pechanga Band of
Luiseiio Indians of the Pechanga Indian Reservation, a federally recognized Indian Tribe
(hereinafter "Pechanga Tribe"), submits the following comments on the Initial StudyIMitigated
Negative Declaration for the Temecula 84/PHS Project. We request that these comments, as
well as subsequent comments submitted by the pechanga Tribe, be included in the record for
approval of the Project.
As the City is aware, the Tribe has been working with the Garrett Group to address the
protection and treatment of the cultural resources within the Project area, and intends to continue
working and cooperating with the Garrett Group in such efforts.
The Tribe has had the opportunity to review the Initial Study/Mitigated Negative
Declaration and finds that the conditions and mitigation proposed to address cultural resources
are in line with the Tribe's prior comment letters and suggested mitigation language. As such,
the Tribe is in agreement with the proposed mitigation,
The Pechanga Tribe looks forward to continued cooperation with the City ofTemecula
and the Garrett Group in protecting the invaluable Luiseiio cultural resources found. in the Project
Letter to Dana Schuma
Re: Temecula 84 ISIMITIGATED NEG DEC.
Page 2
area. If you have any questions, please do not hesitate to contact Ms. Laura Miranda at (951)
676-2768, Ext. 2137.
Very Truly Yours,
TOMARAS & OGAS, LLP
~ ..------;---
. . .' I 0(/ / ()nl CA./YT AS?
AJi_n Gl 0, . - i\-
Brenda L. Tomaras
Attorneys for the Pechanga Band ofLuiseilo Indians
CC: Laura Miranda, Deputy General Counsel
Pechanga Cultural Resources Department
Debbie Ubnoske, Director of Planning
Nancy Daniels, Garrett Group
.d 0 ",vUNTY OF RIVERSIDE · HEA~{H SERVICES AGENCY 0
~.JC DEPARTMENT Of ENVIRONMENTAL HEALTH
~,~.,,~,.,,"~,~"",.~.,',..._.,..,~,.."- .'".."...,"", ,,,.,,."-,,,.,,~,.,,~,.~...,,_..,,,.._,~,.,'.., -~"-'''~,.,."...,, ,...,,,,,.~..,, ~"",."".,'-",1
City ofTemecula
Planning Department
C/o Dana Schuma, Associate Planner
PO BOX 9033
Temecula, CA 92589-9033
DlI~E 0 WI, r! 'D
:rtl AUb 1 3 '~~7 ' !
... . .
""1 I!!lf...o.,;" n...r.. . '
namllfifJ...""alfment '
08 August 2007
RE: Notice of Negative Declaration Comment for PA07-0220, PA07-0048, PA06-370,
P A06-0369 and P A07 -0090
The Department of Environmental Health (DEH) has received and reviewed the Negative
Declaration and has no comments in objection to the project described above.
The development plan application for the tentative tract map 35181 and a development
plan with a minor exception for a 608,934 sf industrial building on 32 acres, and for the
future development of the remaining 52 acres to include industrial, commercial, retail,
high-density residential and or public institutional facility land uses will not have a
significant impact upon the environment. A water and sewer availability letter shall be
required by the City of Temecula at time of building plan submittal to the City.
Any food vending or restaurant use of the building shall require food plan check
compliance by the County of Riverside DEH.
If your have any questious, please do not hesitate to call me at 951.955.8980
S7J/(I;J
Gregor Dellenbach, REHS
Local Enforcement Agency. P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street. 9th Floor, Riverside, CA 92501
Land Use and Water Engineering -0 PO. Box 1206, Riverside, CA 92502"1206" (9091 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street, 2nd Floor. Riverside, CA 92501
STATE OECAUFOBNIA
_ ~~~.~.r..~.r. ~nvern.JJT
D~~(cf! (I WlL~r '.-
n\ ;.;uci 27 2001 ,,'
NATIVE AMERICAN HERITAGE COMMISSION
915 CAPJTOl MAll. ROOM 364
SACRAMENTO. CA 95814
(916)65S-<l2.S1
Fax (916) 657-5390
Web Site wwYtJlilhe_~,q(),!
e-mail: ds_nahc@pacbell.net
."
!::>y -
'"'I . !J ...",-...'
r ~r.mrrl1 e!IJ...".I~!m:;.....
..... ,,,,J .
August 22, 2007
Ms. Dana Schuma, Associate Planner
CITY OF TEMECULA
P.O. Box 9033
T emecula, CA 92589-9033
Re: SCH#2007081042: CEPE< Notice of ComP.l.etion: draft Environmentallmoact Reoort IDEIR\ for Develop-ment,
Aareement for Professional Hosoital Suoolv (PHS) and Citv of T emecula~ General Plan Amendment Tentative Tract
Man and a Oevefonment Plan: Riversrde Countv'. California
Dear Ms. Schumal:
The Native American Heritage Commission is the smte's Trustee Agency for Native American Cultural
Resources. The California Environmental Quality Act (CEQA) requires that any project that causes a substantial
adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant
effecf requiring the preparation of an Envirorimentallmpact Report (EIR) per CEQA guidelInes 9 15064.5(b)(c). In
order to comply with this provisIon, the lead agency is required to assess whether the project will have an adverse
impact on these rEl$ources within the 'area of potential effect (APEl', and if so, to mitigate that effect. To adequately
assess the project-related impacts on historical rEl$Ources, the Commission recommends the following action:
..J Contact the a~~.~...:~... California Historic REl$ources Information Center (CHRIS)_ Contact information for the
Inl_. ...~~_.. Center nearest you is available Iiom the State Office of Historic Preservation (9161ti53-7278)/
htto://www.ohop'arks.c.aoov/1068/files/lC%ZORo!'ter.odf The record search will determine:
. If a part or the enti re APE has been preViously surveyed for cultural resources.
. If any known cultural resources have already been recorded in or adjacent to the APE.
. If the probability is low, moderate, or high that cultural rEl$Ources are located in the APE.
. If a survey is required to determine whether previously unrecorded cultural resources are prEl$ent
..J If an archaeological inventory survey is required, the final slage is lite preparation of a professional report detailing
the findings and recommendations of the records search and field survey.
. The final report conlaining site forms, site significance, and mitigation measurers should be submitted
immediately to the planning department All il.:.....~~on regarcing site locations, Native American human
remains, and associated f1....~.~" objects should be in a separate confidential addendum, and not be made
available for pubic disclosure.
. The final wtilten report should be submitted within 3 months alter work has been completed to the appropriate
regional archaeological Information Center.
..J Conlact the Native American Heritage Commission (NAI-\C) for:
. A Sacred Lands FOe (SLF) search of the project area and information on tribal contacts in the project
vicinity that may have additional cultural resource i..i~.."~~~,,. Please provide this office with the following
citation folTriat to assistwith the Sacred Lands File seareh request USGS 7_5-minute ouadranole citation
1Nith f!ame tnwnshio_ ran~ and section: .
. The NAHC advises the use of Native American Monitors to ensure proper identification and care given cultural
rEl$ources Ihat may be discovered The NAHC recommends that contact be made with Native American
Contacts on the 6;:'-_';;,~d list to get their input on potential project impact (APE). In some cases. the existence of
a Native A.~.:~" cultural resources may be known only to a local tribe{s).
..J Lack of surface evidence of archeological resources dOEl$ not preclude their subsurface existence.
. Lead agencies should include in their mitigation plan provisions for the :J~. .~:i~~.n and evaluation of
~"':J~..lJlly discovered archeological resources, per California Environmental Quality Act (CEQA) 915064.5 (f).
In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native
American, with knowledge in cultural resources, should monilor all ground-disturbing activities.
. Lead agencies should include in their mitigation plan proVisiOIlS for the disposition of recovered artifacts, in
consul1ation with culturally affiliated Native Americans.
..J Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries
in their mitigation plans.
. CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified
by this Commission if the initial Study identifiEl$the presence or likely presence of Native American human
remains within the APE. CEQA Guidelines provide foragreemenfl; with Native American, identified by the
NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated
grave liens.
,f Health and Safety Code g7050.5, Public Resources Code g5097.98 and Sec. g15064.5 (d) of the CEQA
Guidelines mandate procedures to be followed in the event of an accidental discovery of any human remains in a
location other than a dedicated cemetery.
..J Lead aaencies should consider avoidancR as defined in ~ 15370 of the CEOA Guidelines. when sionificant culturat
resources are discovered dunna the course of oroiect ofannina
p,eai feel ree to contact me at (916) 65~51 if you have any questions.
/' I
'/ .
--
\
Attachment st of Native American Contacts
ATTACHMENT NO.10
PARKING STUDY
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181 )IPlahnlnglPCIPC STAFF REPORT.doc
. 22
PHS PARKING STUDY
Backaround: Professional Hospital Supply (PHS) is a medical supply company
located in the City of Temecula. The proposed project creates a 615,450 square foot
warehouse/distribution facility to serve as their new distribution center and corporate
headquarters.
The City of Temecula has requested this parking study to show how the proposed
building can be parked in several different ways in order to meet the requirements of
PHS as well as other potential users in the future.
Warehouse Ooerations/Parkina Reauirements: Distribution buildings are designed
much differently than regular industrial buildings. They are much larger (often 10-15
times larger than standard industrial buildings) and the majority of the space is allocated
to racking for merchandise. Because of the increased use of floor space for racking,
distribution operations have an extremely low employee count per square foot
compared to manufacturing or other industrial users. Since the movement of freight is a
major component of their operation, truck door requirements also increase significantly.
Recognizing that distribution facilities have lower employee counts, many jurisdictions
have adopted reduced parking requirements. In those jurisdictions that have not
adopted lower requirements, alternate parking plans are usually allowed. These
alternates are based upon the inverse relationship between truck door and employee
parking requirements.
The alternative parking plans show two different striping plans. The first plan stripes
only the number of parking spaces needed per the lower employee count and allows for
the extra truck door locations. The second plan shows how the site can accommodate
the number of spaces required by existing code. This added striping assumes as the
number of employees increase, the amount of storage space and freight decreases,
thus lessening the number of truck doors required. Therefore, areas in front of
unneeded truck doors are able to accommodate additional automobile parking. Some
of the jurisdictions that recognize the individual needs of large distribution facilities by
allowing future parking stalls to be shown in the truck courts include: The Cities of Los
Angeles, Riverside, Industry, and Chino along with the Counties of Riverside and San
Bernardino.
PHS Staffing Analysis: PHS operates 24 hours per day/seven days per week. The
analysis below shows the flow of employees throughout the day. Shift change overlaps
are shown to account for arriving and departing employees. In addition, since many
employees carpool, are dropped off, or take public transportation, actual car counts
were conducted to understand the maximum number of cars per shift.
PHS EMPLOYEE ANALYSIS
I Shift Start Time
I 6:00 am - 9:00 am
110:00 am
I 2:00 pm - 3:00 pm I
I 5:00 pm - 7:30 pm I
1 9:30 pm - 10:30 pm
Max # Employees
259
274
298
88
42
# of Cars 1
213 I
225 I
245 I
72 I
35 I
The striping plan shown on the Development Plan provides 399 striped regular spaces
and 8 additional Handicap Accessible stalls as well as corresponding bicycle and
motorcycle parking. The alternate striping plan provides 778 stalls and 16 Handicap
Accessible stalls in addition to the corresponding Bicycle/Motorcycle spaces.
PARKING PLAN COMPARISON
Type
Regular Parking Stall
Handicap Accessible
Bicycle
Motorcycle
. Develo,?ment Plan .
399
8
24
7
Alternate Plan I
778 I
16 I
24 I
15 I
These two plans allow for as much flexibility as possible in the use of the building.
Initially, it can be striped according to PHS' use and allow for the maximum number of
truck bays. In the event that the building changes uses, a simple re-striping allows for
more employees and fewer truck positions.
ATTACHMENT NO.11
STATEMENT OF JUSTIFICATION
G:IPlanningI2006\PA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
23
The Garrett Group
Land & Real Estate Investment Management
_,.____,,~,__.~. . =.".=""n."~...__._
August 15, 2007
Dana Schuma
Planner
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
RE: PROFESSIONAL HOSPITAL SUPPLY
Dear Dana:
We are requesting exceptions in two areas in regards to the design of the corporate
headquarters for Professional Hospital Supply ("PHS"). As you know, we all share the
common goal of retaining PHS in the City of T emecula as a major employer, generator
of sales tax revenue, and good corporate citizen. Their growth has been tremendous
and it has been difficult to locate a site within the City limits that accommodates both
their needs as a corporate headquarters and distribution facility. The proposed site is
the only such site available but does require a higher FAR in order to achieve the facility
size required. Therefore, we are requesting an exception to the Floor Area Ratio
("FAR") not to exceed 45%. In addition to the huge benefit of retaining PHS in the City
of Temecula, the following design enhancements have been made:
. Enhanced architecture throughout
· Articulation and architectural features including a cornice atop the office portion
· Planned truck routing providing for signature PHS vehicles along the front and
less attractive traffic in the back
· An additional 5% of landscaping beyond that which is required
· Pedestrian friendly features include an auto court and separated auto/truck
parking, decreasing truck emissions in the office area
· Enhanced concrete areas to help cool the pedestrian environments and reduce
asphalt coverage
· State-of-the-art bio-swales and storm water treatment
-=-~=-=",.",=~,,-".....,,-~,-'
'.'-",..',"';:;-
One BetterWorJd Circle. Suite 300 'Temecula, California 92590 Phone: 951.506.6556 Fax: 951.506.4831 'www.TheGarrettGroupLLC.com
Ms. Dana Schuma
August 15, 2007
Page Two
. Larger trees than required in the pedestrian environment
. Light colored roofing to help cool and reduce interior heat gain
. Dual glazing glass exceeding the state title 24 requirements.
The enhanced architecture includes a cornice along the top of the office portion of the
building to provide visual screening and assure that the proportion is appropriate for the
three story office element. This cornice exceeds the 50' height limitation by
approximately 8 inches. Therefore, we are also requesting an exception to
accommodate this architectural feature.
We hope you will share our enthusiasm for the project and approve these two
exceptions. If you have any questions or if I can provide any further information, please
let me know.
Sincerely,
Nancy E. niels
Project Manager
ATTACHMENT NO. 12
NOTICE OF PUBLIC HEARING
G:IPlannlng\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
24
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No:
Applicant:
Location:
Proposal:
Planning Application Nos. PA07-0220, PA07-0048, PA06-0370, PA06-0369, & PA07-0090
Temecula Properties, LLC
Generally located at the northwest corner of Dendy Parkway and Winchester Road
A Development Agreernent, General Plan Amendment, Tentative Tract Map, and
Development Plan with a Minor Exception for a 608,934 square foot industrial building on 32
acres, and for the future developrnent of the remaining 52 acres to include industrial,
commercial, retail, high-density residential, and/or public institutional facility land uses
In accordance with the California Environrnental Quality Act (CEQA), the proposed project
will not have a significant impact upon the environment based upon a completed
Environrnentallnitial Study and the incorporation ofthe attached Mitigation Monitoring Plan.
As a result, a Mitigated Negative Declaration will be issued in compliance with CEQA.
Dana Schuma, Associate Planner
Environmental:
Case Planner:
Place of Hearing: City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
Date of Hearing: September 5, 2007
Time of Hearing: 6:00 p.m.
Any person rnay submit written comrnents to the Planning Commission before the hearing or may appear and be
heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project
in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing. The proposed project application may be viewed at the Temecula Planning Department,
43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the
project may be addressed to the case planner at the City of Temecula Planning Departrnent, (951) 694-6400.
y
J
PHS Development Agreement\PJanning\NOPH PHS.doc
JOINT CITY
COUNCIL/RDAITPFA
BUSINESS
Ii
-
I.
ITEM NO. 16
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
/J1l
(J(L,
CITY OF TEMECULA
and
TEMECULA REDEVELOPMENT AGENCY
and
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO:
City Council/ Executive Director / City Manager/
Agency Members / Board Members
FROM:
Genie Roberts, Director of Finance
DATE:
September 25, 2007
SUBJECT:
Issuance of Tax Allocation Bonds by the Redevelopment Agency of the City of
Temecula for the Temecula Redevelopment Project NO.1
RECOMMENDATION:
1. That the City Council adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE ISSUANCE BY THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA OF
TAX ALLOCATION BONDS
2. That the Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AUTHORIZING THE ISSUANCE AND SALE OF TAX
ALLOCATION BONDS IN CONNECTION WITH TEMECULA
REDEVELOPMENT PROJECT NO.1, AND APPROVING
RELATED DOCUMENTS AND ACTIONS
3. That the Temecula Public Finance Authority adopt a resolution entitled:
RESOLUTION NO. TPFA 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE PURCHASE AND SALE OF TAX ALLOCATION BONDS OF
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA,
AND APPROVING OTHER MATTERS RELATED THERETO
BACKGROUND: On July 24,2007, the Redevelopment Agency adopted a Resolution
entitled, "A Resolution of the Board of Directors of the Temecula Redevelopment Agency of the City
of Temecula Designating Consultants in Connection With the Proposed Issuance of Tax Allocation
Bonds for Parking Facilities and Authorizing and Directing Certain Actions With Respect Thereto",
expressing the intent of the Agency to issue tax allocation bonds to finance a parking facility, and
designating various professionals, including a financial advisor, a fiscal consultant, bond counsel,
disclosure counsel and a bond underwriter, to assist the Redevelopment Agency in connection with
the issuance of the bonds.
The Redevelopment Agency Staff and consultants have been working to prepare the necessary
documents to issue the bonds, including a supplement to the indenture with respect to outstanding
Redevelopment Agency bonds which provides for the terms of the proposed bond issue, a
preliminary official statement which describes the bond issue and is to be used to market the bonds
to prospective investors, a bond purchase agreement pursuant to which the bonds would be sold,
and a continuing disclosure certificate regarding ongoing disclosure of the Agency over the term of
the bonds with respect to the Temecula Redevelopment Project NO.1 and related matters. It is
proposed that the proceeds of the bonds be used to finance redevelopment activities of the
Redevelopment Agency within or of benefit to the Temecula Redevelopment Project NO.1. The
primary activities anticipated to be financed with proceeds of the bonds include (i) the acquisition of
the East Parking Facilities, consisting of a multi-level public parking structure that will accommodate
a minimum of 936 vehicles (including 75 parking spaces designated as park and ride spaces) on the
southerly end of a parcel located adjacent to the Promenade Mall between Macy's and Edwards
Cinemas, and (ii) a portion of the costs of the Old Town parking structure, and the Old Town
infrastructure street improvements. Bond proceeds may also be used for other authorized
redevelopment facilities.
The proposed bond issue will be payable solely from a pledge of the tax increment revenues arising
from the Redevelopment Project. Tax increment revenues required by the Redevelopment Law to
be used for housing purposes will not be pledged to or used for the repayment of the bonds. No
City general funds or other moneys will in any way be pledged or obligated towards the payment of
the bonds.
A portion of the proceeds of the bonds will be held in an escrow fund, and will be available to fund
redevelopment activities only if the tax increment revenues from the Temecula Redevelopment
Project No. 1 increase to allow for sufficient tax increment revenues to pay all outstanding
indebtedness of the Redevelopment Agency as well as the debt service on the proposed bond
issue, plus a coverage factor required by the Redevelopment Agency's covenants with respect to its
outstanding indebtedness. Based on a tax increment study commissioned by the Redevelopment
Agency (and referred to in the preliminary official statement to be approved), Agency Staff
reasonably anticipates sufficient growth in tax increment revenues to be able to release all of the
escrowed funds for use in financing redevelopment activities. Proceeding in this manner will save
the costs that would otherwise be incurred if the Redevelopment Agency waited for tax increment
revenues to grow before issuing additional indebtedness. However, should tax increment revenues
not increase in the next few years as anticipated, bond proceeds escrowed may be used to redeem
a portion of the outstanding bonds.
In order to issue the bonds, the Redevelopment Law requires that the City Council approve the
issuance of the bonds by the Redevelopment Agency. In addition, in orderforthe Redevelopment
Agency to sell the bonds on a negotiated basis with Stone & Youngberg LLC, the bond underwriter
that has been working with the Redevelopment Agency on the bond issue (the "Underwriter"),
relevant State law requires that the Temecula Public Financing Authority buy the bonds from the
Redevelopment Agency for immediate resale to the Underwriter. The purchase price from the
Redevelopment Agency to be paid by the Public Financing Authority will be the same as the sale
price of the Bonds by the Public Financing Authority to the Underwriter, so no Public Financing
Authority funds are involved in the transaction. The proposed resolution of the Public Financing
Authority approves the purchase and sale by it of the Bonds and makes related findings required by
applicable law.
The Redevelopment Agency resolution being presented for approval authorizes the issuance of the
bonds and approves the related financing documents including a draft of a preliminary official
statement that describes the terms of the bonds. These documents will be finalized when the exact
terms of the Bonds are determined at the time the bonds are sold to investors, expected to occur in
mid October. The date for the closing of the bond issue, and the time when bond proceeds are
expected to be available, is currently expected to be October 25, 2007.
SPECIFIC ACTIONS: The action requested of the City Council is to adopt a resolution
approving the issuance of the bonds by the Redevelopment Agency. The action requested of the
Redevelopment Agency is to adopt a resolution authorizing the issuance of the bonds and
approving the related financing documents. The action requested of the Public Financing Authority
is to adopt a resolution approving the purchase of the bonds from the Redevelopment Agency and
the immediate resale of the bonds to the Underwriter.
FISCAL IMPACT: The bonds will have no financial impact on the City or the Public
Financing Authority, as all payments of principal and interest on the bonds will be paid solely from
the tax increment revenues of the Redevelopment Agency. The Redevelopment Agency will be
obligated to use tax increment revenues from the Temecula Redevelopment Project NO.1 each year
to pay the debt service on the bonds, and to pay the annual costs of administering the bond
program.
ATTACHMENTS:
Resolution No. 07-_
Resolution No. RDA 07-
Resolution No. TPFA 07-
Preliminary Official Statement
First Supplemental Indenture of Trust
Form of Continuing Disclosure Certificate (Appendix E)
Bond Purchase Agreement
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE ISSUANCE BY THE
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA OF TAX ALLOCATION BONDS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The Redevelopment Agency of the City of Temecula (the "Agency")
has determined at this time to issue its Redevelopment Agency of the City of Temecula
Temecula Redevelopment Project NO.1 2007 Tax Allocation Bonds (Subordinate Lien)
(the "Bonds") to provide funds to finance redevelopment activities of the Agency within
or of benefit to the Agency's Temecula Redevelopment Project NO.1.
Section 2. In accordance with the requirements of Section 33640 of the California
Health and Safety Code, the City Council wishes at this time to approve the issuance and sale
of the Bonds by the Agency.
Section 3. The issuance and sale of the Bonds by the Agency in the aggregate
principal amount of not to exceed $17,500,000, and the use of the proceeds of the Bonds to
finance redevelopment activities of the Agency within or of benefit to the Agency's Temecula
Redevelopment Project No.1, is hereby approved.
Section 4. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RESOLUTION NO. RDA 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA AUTHORIZING THE ISSUANCE
AND SALE OF TAX ALLOCATION BONDS IN
CONNECTION WITH TEMECULA REDEVELOPMENT
PROJECT NO.1, AND APPROVING RELATED
DOCUMENTS AND ACTIONS
THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Part 1 of Division 24 of the Health and Safety Code of the State of
California, as amended (the "Law"), authorizes redevelopment agencies to incur
indebtedness for the purpose of financing redevelopment activities within or of benefit to
redevelopment project areas of redevelopment agencies.
Section 2. The Redevelopment Agency of the City of Temecula (the "Agency")
now desires to finance redevelopment activities within or of benefit to the Agency's
Temecula Redevelopment Project NO.1 (the "Redevelopment Project").
Section 3. The Agency has determined at this time to issue revenue bonds (as
further described below, the "Bonds"), under the provisions of the Law to finance such
activities, with the payment of the principal of and interest on the Bonds to be secured
by a pledge of the tax increment revenues received by the Agency from the
Redevelopment Project (the "Tax Increment Revenues"): (a) on a parity with the pledge
thereof to the payment of the Agency's Temecula Redevelopment Project No. 1 2006
Tax Allocation Bonds, Series B (Subordinate Lien); and (b) subordinate to the pledge
thereof with respect to the Senior Obligations (as defined in the Indenture referred to in
Section 5 below).
Section 4. All conditions, things and acts required to exist, to have happened
and to have been performed precedent to and in the issuance of the Bonds as
contemplated by this Resolution and the documents referred to herein exist, have
happened and have been performed in due time, form and manner as required by the
laws of the State of California, including the Law, and the Agency now desires to
authorize the issuance of the Bonds, as provided herein.
Section 5. The Agency hereby authorizes the issuance of its Temecula
Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien) (the
"Bonds") in the initial principal amount of not to exceed $17,500,000. The Bonds shall
be issued pursuant to the Law and the Indenture of Trust, dated as of December 1,
2006 (the "Original Indenture"), by and between the Agency and U.S. Bank National
Association, as trustee (the "Trustee"), as amended and supplemented by a First
Supplemental Indenture of Trust, dated as of October 1, 2007 (the "First Supplement"),
between the Agency and the Trustee. The Agency hereby approves the First
Supplement in the form on file with the Secretary. The Executive Director is hereby
authorized and directed to execute, and the Secretary is hereby authorized and directed
to attest, the First Supplement, in such form, together with such additions thereto and
changes therein as the Executive Director, upon consultation with Bond Counsel and
the Agency's General Counsel, shall deem necessary, desirable or appropriate, and the
execution thereof by the Executive Director shall be conclusive evidence of the approval
of any such additions and changes. The Agency hereby authorizes the delivery and
performance of the First Supplement as so executed, and hereby ratifies and confirms
the provisions of the Original Indenture, except as expressly modified by the First
Supplement.
Section 6. The Agency hereby approves the bond purchase contract (the
"Bond Purchase Agreement"), by and among Stone & Youngberg LLC, as underwriter
(the "Underwriter"), the Temecula Public Financing Authority (the "Authority"), and the
Agency, in the form on file with the Secretary. The Executive Director is hereby
authorized and directed to execute the Bond Purchase Agreement, in such form,
together with such additions thereto and changes therein as the Executive Director,
upon consultation with Bond Counsel and the Agency's General Counsel, shall deem
necessary, desirable or appropriate, and the execution thereof by the Executive Director
shall be conclusive evidence of the approval of any such additions and changes. The
Agency hereby approves the negotiated sale of the Bonds to the Authority, and the sale
of the Bonds by the Authority to the Underwriter, pursuant to the Bond Purchase
Agreement, so long as the Underwriter's discount, excluding original issue discount,
does not exceed 2.00% of the principal amount of the Bonds, the net interest cost of the
Bonds does not exceed 6.50%, and the initial principal amount of the Bonds is not in
excess of $17,500,000.
Section 7. The Agency hereby authorizes the Executive Director to approve
and deem final within the meaning of Rule 15c2-12 of the Securities Exchange Act of
1934, except for permitted omissions, a form of Official Statement describing the Bonds
in the preliminary form on file with the Secretary. Distribution of such preliminary Official
Statement by the Underwriter to prospective purchasers of the Bonds is hereby
approved. The Executive Director is hereby authorized to execute the final form of the
Official Statement, including as it may be modified by such additions thereto and
changes therein as the Executive Director, upon consultation with Disclosure Counsel
and the Agency's General Counsel, shall deem necessary, desirable or appropriate,
and the execution of the final Official Statement by the Executive Director shall be
conclusive evidence of the approval of any such additions and changes. The Agency
hereby authorizes the distribution of the final Official Statement by the Underwriter.
Section 8. The Bonds, when executed, shall be delivered to the Trustee for
authentication. The Trustee is hereby requested and directed to authenticate the Bonds
by executing the Trustee's certificate of authentication and registration appearing
thereon, and to deliver the Bonds, when duly executed and authenticated, to or upon
the instruction of the Underwriter in accordance with written instructions executed on
behalf of the Agency by the Executive Director, which instructions such officer is hereby
authorized and directed to execute and deliver to the Trustee. Such instructions shall
provide for the delivery of the Bonds to the Underwriter in accordance with the Bond
Purchase Agreement upon payment of the purchase price therefor.
Section 9. The Continuing Disclosure Certificate, in the form on file with the
Secretary, is hereby approved. The Executive Director is hereby authorized and
directed to execute and deliver the Continuing Disclosure Certificate in said form, with
such additions thereto or changes therein as the Executive Director, upon consultation
with Disclosure Counsel, shall deem necessary, desirable or appropriate, the approval
of such changes to be conclusively evidenced by the execution and delivery by the
Executive Director of the Continuing Disclosure Certificate.
Section 10. The Chairperson, the Vice Chairperson, the Executive Director, the
Treasurer, and the Secretary of the Agency, and any and all other officers of the
Agency, are hereby authorized and directed, for and in the name and on behalf of the
Agency, to do any and all things and take any and all actions, including execution and
delivery of any and all assignments, certificates, requisitions, agreements, notices,
consents, instruments of conveyance, warrants and other documents which they, or any
of them, may deem necessary or advisable in order to consummate the lawful issuance
and sale of the Bonds as described herein. Whenever in this Resolution any officer of
the Agency is authorized to execute or countersign any document or take any action,
such execution, countersigning or action may be taken on behalf of such officer by any
person designated by such officer to act on his or her behalf in the case such officer
shall be absent or unavailable.
Section 11. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Redevelopment Agency of the City of Temecula this 25th day of September , 2007.
Maryann Edwards,Chairperson
ATTEST:
Susan W. Jones, MMC
City Clerk/Board Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula
Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing
Resolution No. RDA 07- was duly and regularly adopted by the Board of Directors of
the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held
on the 25th day of September , 2007, by the following vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W. Jones, MMC
City Clerk/Board Secretary
RESOLUTION NO. TPFA 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA PUBLIC FINANCING AUTHORITY THE
PURCHASE AND SALE OF TAX ALLOCATION BONDS
OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, AND APPROVING OTHER MATTERS
RELATED THERETO
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of Temecula and the Redevelopment Agency of the City of
Temecula (the "Agency") have entered into a Joint Exercise of Powers Agreement (the
"Agreement") creating the Temecula Public Financing Authority (the "Authority").
Section 2. Pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California (the "Law"), the Authority is authorized to
purchase bonds issued by the Agency, the proceeds of which are to be used to finance
public capital improvements, working capital, liability and other insurance needs, or
projects whenever there are significant public benefits, as determined by the Authority,
and pursuant to the Law and the Agreement, the Authority is further authorized to sell
bonds so purchased to public or private purchasers by means of public or negotiated
sales.
Section 3. The Authority desires to purchase from the Agency not to exceed
$17,500,000 aggregate initial principal amount of the Agency's Temecula
Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien) (the
"Bonds"), with the purchase price to be paid solely from the proceeds received from the
Authority's concurrent sale of the Bonds to Stone & Youngberg LLC (the "Underwriter").
Section 4. The Agency has caused a bond purchase contract to be submitted
to the Authority for approval; and the Authority now desires to approve the bond
purchase contract and any other documents necessary for the purchase and sale of the
Bonds as provided below.
Section 5. Pursuant to the Law, this Board of Directors hereby finds and
determines that the issuance of the Bonds and the purchase and sale thereof by the
Authority will result in savings in effective interest rates, bond underwriting costs and
bond issuance costs and thereby result in significant public benefits to the Agency and
the Authority within the contemplation of Section 6586 of the Law.
Section 6. The proposed bond purchase contract (the "Bond Purchase
Agreement"), by and among the Agency, the Authority and the Underwriter, in the form
on file with the Secretary of the Authority, is hereby approved. The Executive Director
of the Authority is hereby authorized and directed, for and in the name and on behalf of
the Authority, to accept the request that the Authority purchase the Bonds from the
Agency and to accept the offer of the Underwriter to purchase the Bonds from the
Authority, each subject to the terms and conditions of the Bond Purchase Agreement,
and to execute and deliver the Bond Purchase Agreement; provided, however, that, the
net interest cost of the Bonds shall not exceed 6.50% per annum and the Underwriter's
discount (without regard to any original issue discount) shall not be more than 2.00% of
the principal amount of the Bonds. The final principal amount of the Bonds shall be the
amount set forth in the executed Bond Purchase Agreement, not to exceed an
aggregate of $17,500,000. The approval of any additions or changes in such form of
the Bond Purchase Agreement shall be conclusively evidenced by the execution and
delivery by the Executive Director or his designee of the Purchase Contract.
Section 7. The Chairperson, the Executive Director, the Treasurer and the
Secretary of the Authority, and any and all other officers of the Authority, are hereby
authorized and directed, for and in the name and on behalf of the Authority, to do any
and all things and take any and all actions, including execution and delivery of any and
all assignments, certificates, requisitions, agreements, notices, consents, instruments of
conveyance, warrants and other documents which they, or any of them, may deem
necessary or advisable in order to consummate the lawful purchase and sale of the
Bonds as described herein. Whenever in this Resolution any officer of the Authority is
authorized to execute or countersign any document or take any action, such execution,
countersigning or action may be taken on behalf of such officer by any person
designated by such officer to act on his or her behalf in the case such officer shall be
absent or unavailable.
Section 8. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 25th day of September , 2007.
Chuck Washington, Chairperson
ATTEST:
Susan W. Jones, MMC
City Clerk/Board Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public
Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07- was
duly and regularly adopted by the Board of Directors of the Temecula Public Financing
Authority at a meeting thereof held on the 25th day of September, 2007, by the following
vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W. Jones, MMC
City Clerk/Board Secretary
Draft dated September 18, 2007
PRELIMINARY OFFICIAL STATEMENT DATED
,2007
NEW ISSUE - BOOK-ENTRY ONLY
NOT RATED
In the opinion of Quint &. Thimmig LLP, San Francisco, California, Bond Counsel, subject, however, to certain qualifications described
herein, under exi~ting law, the intere~t on the 2()()7 BonJ~ i~ excludable from gro~~ income of the owner~ thereofforfeJeral income tax purpo~e~ and
i~ not included a~ an item aftax preference in computing the federal alternative minimum tax for inJiviJual~ and corporation~ under the Internal
Revenue Code of 1986, a~ amended, but i~ taken into account in computing an aJju~tment u~eJ in Jetennining the federal alternative minimum tax
for certain corporations. In the further opinion of Bond Counsel, such interest is exempt from California personal income taxes. See "TAX
MA TIERS" herein.
$15,535,000'
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
TEMECULA REDEVELOPMENT PROJECT NO.1
2007 TA.X ALLOCATION BONDS (SUBORDINATE LIEN)
(RIVERSIDE COUNTY, CALIFORNIA)
Dated: Date of Issuance
Bonds Due: December 15, as set forth
on the inside front cover
Proceeds from the sale by the Redevelopment Agency of the City of Temecula (the "Agency") of its Temecula Redevelopment Project
NO.1 2007 Tax Allocation Bonds (Subordinate Lien) (the "2007 Bonds") will be used to (i) finance redevelopment activities within or of benefit
to the Temecula Redevelopment Project NO.1 (the "Project Area"), including establishing an escrow fund for such purposes, subject to release upon
~ati~faction of certain condition~ ~pecified herein, (ii) e~tabli~h a Re~erve Account for the 2007 Bond~, (iii) fund capitalized intere~t with re~pect
to the portion of Bond proceed~ depo~ited into the E~crow Fund to June 15, 2010 and (iv) provide for the co~t~ ofi~~uing the 2007 Bond~.
Interest on the 2007 Bonds will be payable semi-annually on each June 15 and December 15 (each an "Interest Payment Date," as
applicable), commencing June 15, 2008. The 2007 Bondswill be issued in fully-registered form without coupons and will be registered in the name
of Cede &. Co., as nominee for The Depository Trust Company, New York, New York ("DTC"). DTCwill act as securities depository for the 2007
Bond~. Purcha~e~ of beneficial intere~t~ in the 2007 Bond~will be made in book-entryfonn only in denomination~ of$5,OOO or any integral multiple
thereof. Purcha~er~ of ~uch beneficial intere~t~ will not receive phy~ical certificate~ repre~enting their intere~t~ in the 2007 Bond~. Payment of
principal of intere~t and premium, ifany, on the 2007 Bond~will bemade directly to DTC or it~ nominee, Cede & Co., ~o long a~ DTC or Cede &
Co. is the registered O\vner of the 2007 Bonds. Disbursement of such payments to the DTC Participants (as defined in Appendix G hereto) is the
responsibility of DTC and disbursement of such payments to the Beneficial Owners (as defined in Appendix G hereto) is the responsibility of the
DTC Participants, as more fully described herein. See "THE 2007 BONDS Book-Entry and DTC" herein.
The 2007 Bond~ will be i~~ued on a ~ubordinate ba~i~ to the Redevelopment Agency of the City of Temecula Temecula Redevelopment
Project NO.1 2002 Tax Allocation Bond~ (the "2002 Bond~") and the Redevelopment Agency of the City of Temecula Temecula Redevelopment
Project NO.1 2006 Tax Allocation Bonds, Series A (the"2006 Series ABonds," together with the 2002 Bonds and any parity Senior Debt, are referred
to herein as the "Senior Debt") and on a parity with the Redevelopment Agencyofthe City ofTemecula Temecula Redevelopment Project NO.1 2006
Tax Allocation Bonds, Series B (Subordinate Lien) (the "2006 Series B Bonds," together with any Parity Subordinate Obligations, the "Subordinate
Debt"). The 2007 Bond~ will be i~~ued under an Indenture of Tru~t, dated a~ of December 1, 2006 (the "Original Subordinate Indenture"), a~
~upplemented by a Fir~t Supplemental Indenture of Tru~t, dated a~ of October 1, 2007 (the "Fir~t Supplement" and together with the Original
Subordinate Indenture, the "Subordinate Indenture" 1, each by and between the Agency and U.S. Bank National A~~ociation, a~ tru~tee (the "Tru~tee").
The 2007 Bondswill be sold to the Temecula Public Financing Authority (the "Authority") for immediate resale to the Underwriter. The
2007 Bonds are special obligations of the Agency and are payable from and secured by a pledge of a portion of the Tax Increment Revenues (as
defined herein) receivable by the Agency with re~pect to the Project Area pur~uant to Article 6 of Chapter 6 of the Community Redevelopment Law
(herein referred to a~ the "Tax Increment Revenue~"l, ~ubject to the provi~ion~ of the Subordinate Indenture pennitting the application thereof for
other purpo~e~, and by a pledge of amount~ in certain fund~ and account~ e~tabli~hed under the Subordinate Indenture, a~ further di~cu~~ed herein,
with the pledge for the 2007 Bonds subordinate to the pledge of and lien on the Tax Increment Revenues under the Senior Indenture (as defined
herein), the Financial Guaranty Agreement, the 2006 Financial Guaranty Agreement (as each such agreement is defined herein) and certain debt that
maybe incurred by the Agency subsequent to the issuance of the 2007 Bonds. The Agency may issue debt on a parity with the Senior Debt or on
a parity with the 2006 Serie~ B Bond~ and the 2007 Bond~, ~ubject to the provi~ion~ of the Subordinate Indenture.
The 2007 Bonds are subject to optional redemption, mandatory redemption and special mandatory redemption prior to maturity.
See "THE 2007 BONDS - Redemption" herein.
MATURITY SCHEDULE
(See Inside Cover)
This cover page contains information for quick reference only It is not intended to be a summary of all factors relating to an investment
in the 2007 Bonds. Investors should review the entire Official Statement before making any investment decision with respect to the 2007 Bonds.
lHE 2007 BONDS ARE PAYABLE FROM TAX INCREMENT REVENUES ON A SUBORDINATE BASIS TO lHE 2002 BONDS,
lHE 2006 SERIES A BONDS, AND CERTAIN OlHER OBLIGATIONS (COLLECTIVELY, "SENIOR OBLIGATIONS") AS DESCRIBED
HEREIN. THE 2007 BONDS ARE NOT RA IED BY ANY RATING AGENCY, INVOLVE A HIGH DEGREE OF RISK AND ARE NOT
SUITABLE FOR ALL INVESTORS. SEE "RISK FACTORS."
'Preliminary, subject to change.
lHE 2007 BONDS ARE SPECIAL OBLIGATIONS OF lHE AGENCY PAY ABLE FROM THE TAX INCREMENT REVENUES, AS
DESCRIBED HEREIN. AND AMOUNTS IN CERTAIN FUNDS AND ACCOUNTS MAINTAINED UNDER TIlE APPLICABLE INDENTURE
AND, AS SUCR ARE NOT ADEBT OF lHE CITY OF lEMECULA (THE"CITY") OR THE STAlE OF CALIFORNIA(THE"STA lE") OR ANY
OF THE STATE'S POLITICAL SUBDIVISIONS (OTIlER TIlAN TIlE AGENCY. TO THE LIMITED EXTENT SET FORTH IN TIlE
SUBORDINA lE INDENTURE), AND NEIlHER lHE CITY NOR lHE STAlE OR ANY OF ITS POLITICAL SUBDIVISIONS (OlHER lHAN
lHE AGENCY) IS LIABLE THEREFOR. lHE 2007 BONDS ARE NOT PAYABLE FROM, AND ARE NOT SECURED BY. ANY FUNDS OF
TIlE AGENCY. OTHER TIlAN TIlE T ,,"X INCREMENT REVENUES AND TIlE FUNDS PLEDGED PURSUANT TO TIlE SUBORDINATE
INDENTURE. NEIlHER THE MEMBERS OF lHE AGENCY NOR ANY PERSONS RESPONSIBLE FOR lHE EXECUTION OF THE 2007
BONDS ARE LIABLE PERSONALL YFOR P A Yl\.1ENT OF THE 2007 BONDS.
The 2()()7 Bonds are offered when. as and ifissued. subject to the approval as to their legality by (juint & Thimmig LLP. San Francisco.
Califomia. Bond Counsel, and subject to cn1ain other conditions. Certain legal matters will be passed uponfor the Agency by Richards, Watson
& Gershon, Los Angeles, Califomia. ading as Counsel to the Agency, and by AfcFm1in & Anderson LLP, Lake Forest, California, in its capadty
as Disclosure Counsel to the Agency. Stradling, Yocca. Cm1son & Rauth a Professional Corporation, Newport Beoch California, is acting as
[Tnderwriter's Counsel. It is anticipated that the 2()()7 Bonds will be available for delivery through DTC in New York. New York. on or about
.2()()7
Stone & Youngberg
Dated:
,2007
Thefollowing language to be inserted by the printe}; in red, at the top of the PO::;Fonteover:
PRELIMINARY OFFICIAL STATEMENT DATED
,2007
The following language to be inserted by the printer. in red, ve}tieanv along the left margin of the PO::; fi'ont cover:
This Preliminary Official Statement and the information contained herein are subject to completion or amendment.
Unuer no circumstances shall this Preliminary ()fficial Statement constitute an offer to sell or a solicitation of an offer
to buy nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation or sale would be
unlawful.
MATURITY SCHEDULE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
TEMECULA REDEVELOPMENT PROJECT NO.1
2007 T~X ALLOCATION BONDS (SUBuKUmATE LIEN)
$ Serial Bonds
Ease CUSlpw No. R79711] 11
%l
CUSIP'"
Yield ---1i2.:.t
%l
Maturity
IDecember15l
2017
2018
2019
2020
2021
2022
2023
2024
2025
Principal
Amount
$
Intere~t
Rate
%l
Yield
%l
CUSIP'"
~t
Maturity
IDecember15l
20()S
2009
2010
2011
2012
2013
2014
2015
2016
Principal
Amount
$
Intere~t
~
$
$
%l Tenn BonJ~ due December 15. 20
~'o Tenn Bonds due December 15, 2038
Yield
Yield
%l CUSIP~J No. 879701
~'o CUSIP~J No. 879701
$
%l E~crow Tenn BonJ~ due December 15, 2038 Yield
%l CUSIP~J No. 879701
11 CUSIP@ A registered trademark of the American Bankers Association. Copyright iD 1999-211117 Standard &
Poor's, a Division of The McGraw-Hill Companies, Inc. CUSIpoo data herein is provided by Standard & Poor's
ClTSlpoo Service Bureau. This data is not intended to create a database and does not serve in any way as a substitute
for the ClTSlpoo Service Bureau. CUSlpoo numbers are provided for convenience of reference only Neither the
Agency nor the Underwriter take any responsibility for the accuracy of such numbers.
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AGENCY BOARD MEMBERS
Maryann Edwards, Chairperson
Michael S. Naggar, Vice Chairperson
Jeff Comerchero, Board Alember
Ron Roberts, Board AI ember
Charles W. Washington, Board AI ember
AGENCY STAFF
Shawn Nelson, Executive Director
Genie Roberts, Agency Treasurer
John Meyer, Director of Redevelopment
Susan Jones, Agency Secretary
SPECIAL SERVICES
Counsel to the Agency
Richards, Watson & Gershon
Los Angeles, California
Bond Counsel
(Juint & Thirnrnig LLP
San Francisco, California
Disclosure Counsel
McFarlin & Anderson LLP
Lake Forest, California
Underwriter's Counsel
Stradling Y occa Carlson & Rauth,
a Professional Corporation
Newport Beach, California
Fiscal Consultant
HdL Coren & Cone
Diamond Bar, California
Financial Advisor
Fieldman, Rolapp & Associates
Irvine, California
Trustee
U.S. Bank National Association
Los Angeles, California
GENERAL INFORMATION ABOUT THE OFFICIAL STATEMENT
Use ofOfficialStatement. This (lfficial Statement is submitted in connection with the offer and sale
of the 2007 Bonds referred to herein and may not be reproduced or used, in whole or in part, for any other
purpose. This (lfficial Statement is not to be construed as a contract with the purchasers of the 2007 Bonds.
All summaries of the documents referred to in this (lfficial Statement are made subject to the provisions of
such documents, respectively, and do not purport to be complete statements of any or all of such provisions.
Estimates and Forecasts. When used in this Official Statement and in any continuing disclosure
by the Agency, in any press release by the Agency and in any oral statement made with the approval of an
authorized officer of the Agency or any other entity described or referenced herein, the words or phrases
"will likely result," "are expected to," "will continue," "is anticipated," "estimate," "project," "forecast,"
"expect," "intend," and similar expressions identify "forward-looking statements" within the meaning ofthe
Private Securities Litigation Reform Act of 1995, Section 2IE of the United States Securities Exchange Act
of 1934, as amended, and Section 27 A of the United States Securities Act of 1933, as amended. Such
statements are subject to risks and uncertainties that could cause actual results to differ materially from those
contemplated in such forward-looking statements. Any forecast is subject to such uncertainties. Inevitably,
some assumptions used to develop the forecasts will not be realized and unanticipated events and
circumstances may occur. Therefore, there are likely to be differences between forecasts and actual results
and those differences may be material. The information and expressions of opinion herein are subject to
change without notice, and neither the delivery of this (lfficial Statement nor any sale made hereunder shall,
under any circumstances, give rise to any implication that there has been no change in the affairs of the
Agency or any other entity described or referenced herein since the date hereof. The Agency does not plan
to issue any updates or revision to the forward-looking statements set forth in this (lfficial Statement.
Limited Offering. No dealer, broker, salesperson or other person has been authorized by the Agency
to give any information or to make any representations in connection with the offer or sale of the 2007 Bonds
other than those contained herein and if given or made, such other information or representation must not
be relied upon as having been authorized by the Agency or the Underwriter. This Official Statement does
not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the 2007
Bonds by a person in any jurisdiction in which it is unlawful for such person to make such an offer,
solicitation or sale.
Involvement ofUndenvriter. The Underwriter has submitted the following statement for inclusion
in this Official Statement: The Underwriter has reviewed the information in this Official Statement in
accordance with, and as a part of, its responsibilities to investors under the federal securities laws as applied
to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or
completeness of such information.
Stabilization of Prices. In connection with this offering, the Underwriter may over allot or effect
transactions which stabilize or maintain the market price of the 2007 Bonds at a level above that which might
otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. The
Underwriter may offer and sell the 2007 Bonds to certain dealers and others at prices lower than the public
offering prices set forth on the inside cover page hereof and said public offering prices may be changed from
time to time by the Underwriter.
THE 2007 BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933,
AS AMENDED, IN RELIANCE UPON AN EXEMPTION FROM THE REGISTRATION
RE()UIREMENTS C< lNT AlNED IN SUCH ACT. THE 2007 B( lNDS HAVE N( IT BEEN REGISTERED
OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATE.
TABLE OF CONTENTS
Page
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
General ..................................................................... 1
The Agency and the Redevelopment Plan .......................................... 2
Purpose ofIssuance; Escrow of a Portion of Bond Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
The 2007 Bonds .............................................................. 2
Source of Payment for the 2007 Bonds ............................................ 3
Parity Senior, Debt; Parity Subordinate Debt ........................................ 3
Bondowners Risks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Continuing Disclosure ......................................................... 4
Tax Matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Professionals Involved in the Offering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Additional Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
ESTIMATED SOURCES AND USES OF FUNDS ......................................... 5
Redevelopment Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Escrow Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
DEBT SERVICE SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
THE 2007 BONDS .................................................................. 9
General Provisions ............................................................ 9
Redemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
Book-Entry and DTC ......................................................... 12
Discontinuance of DTC Services ................................................ 13
SECURITY FOR THE 2007 BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Tax Increment Revenues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Pledge of Tax Increment Revenues .............................................. 14
Limited Obligations .......................................................... 15
Application of Tax Increment Revenues .......................................... 15
Reserve Account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
County Payment of Tax Increment ............................................... 18
Parity'Subordinate Debt ....................................................... 18
Additional Parity Senior Debt .................................................. 20
RISK FACTORS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
2007 Bonds Are Limited Obligations and Not General Obligations ..................... 22
Tax Increment Revenues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Estimated Tax Increment Revenues .............................................. 23
Educational Revenue Augmentation Fund; State Budget Uncertainties .................. 23
Economic Concentration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
Concentration of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
Future Land Use Regulations and Growth Control Initiatives ... . . . . . . . . . . . . . . . . . . . . . .. 23
County Payment of Tax Increment Revenues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Seismic Factors and Flooding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Hazardous Substances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
No Acceleration on Default .................................................... 24
Loss of Tax Exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
IRS Audit of Tax-Exempt Bond Issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
Assumptions and Projections ................................................... 25
SPECIAL RISK CONSIDERATIONS SPECIFIC TO THE 2007 BONDS ...................... 25
Subordination of 2007 Bonds; Issuance of Additional Senior Debt. . . . . . . . . . . . . . . . . . . . .. 25
Limited Secondary Market . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
No Ratings of 2007 Bonds ..................................................... 26
LIMITATIONS ON T ~X INCREMENT REVENllES ..................................... 26
Property Tax Collection Procedure .............................................. 26
Supplemental Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
-I-
Tax Collector Fees ........................................................... 27
Unitary Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
Property Tax Rite Limitations - Article XIIIA .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
ArtICle XIIIB of the California Constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Pass-Through Agreements; Other Contractual Obligations .. . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Exclusion of Tax Increment Revenues for General Obligation 2007 Bonds Debt Service .... 30
Proposition 218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
Future Initiatives or Legislation .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
Low and Moderate Income Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
Redevelopment Plan Limitations ................................................ 31
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA . . . . . . . . . . . . . . . . . . . . . . .. 32
Agency Members ............................................................ 32
Agency Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
Agency Powers ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
Limitations Under 1991 Settlement Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33
Outstanding Indebtedness of the Agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33
Investment of Agency Funds ................................................... 34
Controls, Land Use and Building Restrictions ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
THE REDEVELOPMENT PLAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
Description of the Project Area ................................................. 36
Proceeds of the 2007 Bonds .................................................... 36
Land Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Development in the Project Area ................................................ 37
Assessed Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38
Appeals of Assessed Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
Direct and Overlapping Bonded Debt ............................................ 42
Project Area Pass-Through Agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43
COVERAGE ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43
THE TEMECULAPUBLIC FINANCING AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45
CERTAIN LEGAL MATTERS ........................................................ 45
Legal Opinions .............................................................. 45
Enforceability of Remedies .................................................... 45
CONTINUING DISCLOSURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45
ABSENCE OF LITIGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46
T~XMATTERS ................................................................... 46
l~ER\VRlTING.................................................................. 46
NO RATINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46
PROFESSIONAL FEES ............................................................. 47
MISCELLANEOUS ................................................................ 47
APPENDLX A - SUMMARY OF CERTAIN PROVISIONS OF THE SUBORDINATE
INDENTl~ ..................................................... A-I
APPENDLX B - FISCAL CONSULT ANT' S REPORT ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. B-1
APPENDLX C TEMECULA REDEVELOPMENT AGENCY COMPONENT UNIT
FINANCIAL STATEMENTS F< lR FISCAL '{EAR ENDING JUNE 30, 2006 .. C-I
FORM OF OPINION OF BOND COUNSEL ............................ D-I
- FORM OF CONTINUING DISCLOSl~ CERTIFICATE . . . . . . . . . . . . . . . .. E-I
GENERAL INFORMATION REGARDING THE CITy.................... F-I
BOOK-ENTRY SYSTEM... ... ... .... ... ... ... ... ... ... ... .... ... .. G-I
APPENDLX D
APPENDLX E
APPENDLX F
APPENDLX G -
-11-
[INSERT REGIONAL AREA MAP IN LIEU OF TIllS PAGE]
OFFICIAL STATEMENT
$
REDEVELOPMENT AGij~LY oli' IRE CITY OF TEMECULA
TEMECULA REDEVELOPMENT PROJECT NO.1
2007 TA.X ALLOCATION BONDS (SUBORDINATE LIEN)
(RIVERSIDE COUNTY, CALIFORNIA)
INTRODUCTION
This introduction is not a S11111111ary of this Official Statement. It is only a brief description of and
guide to. and is qualified in its entirety by. more complete and detailed information contained in this Official
Statement and the dOC11111ents S11111111arized or described herein. A filII review should be made of the entire
Official Statement. The offering of the 200~ Bonds to potential investors is made onlv by means of this
Official Statement. References to. and S11111111aries of provisions of the laws of the State of California or any
other document referred to herein do not purport to be complete and such references are qualified in their
entirety by reference to the original source dOC11111ent.
General
This Official Statement of the Redevelopment Agency of the City of Temecula (the "Agency")
provides information regarding the sale by the Agency of its $ aggregate principal amount of
Temecula Redevelopment Project No.1 2007 Tax Allocation Honds (Subordinate Lien) (the "2007 Bonds").
The 2007 Bonds will be issued on a subordinate basis to the Redevelopment Agency of the City of Temecula
Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds (the "2002 Bonds") and the
Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax
Allocation Bonds, Series A (the "2006 Series A Bonds" and together with the 2002 Bonds and any loans,
bonds, notes, advances or indebtedness payable from Tax Increment Revenues on a parity with the 2002
Bonds and 2006 Series ABonds issued or incurred pursuant to and in accordance with the provisions of the
Senior Indenture ("Senior Debt")) and on a parity with the Redevelopment Agency of the City of Temecula
Temecula Redevelopment Project No. 12006 Tax Allocation Bonds, Series B (Subordinate Lien) (the "2006
Series B Bonds" and together with the 2007 Bonds and any future debt issued or incurred by the Agency on
a parity with the 2006 Series B Bonds and 2007 Bonds "Subordinate Debt")). The 2007 Bonds are issued
under an Indenture of Trust, dated as of December 1, 2006 (the "( )riginal Subordinate Indenture"), as
supplemented by the First Supplemental Indenture, dated as oft lctober 1,2007 (the "First Supplement," and
together with the ()riginal Subordinate Indenture, the "Subordinate Indenture"), each by and between the
Agency and U.S. Bank National Association, as trustee (the "Trustee"). The 2002 Bonds were issued under
an Indenture of Trust, dated as of April 1, 2002 (the 'X )riginal Senior Indenture"), by and between the
Agency and the Trustee, and the 2006 Series A Bonds were issued under a First Supplemental Indenture of
Trust, dated as of December 1, 2006 (the "First Supplemental Senior Indenture"), by and between the Agency
and Trustee (together the "Senior Indenture," and together with the Subordinate Indenture, the "Indentures").
Definitions of certain capitalized terms used in this Official Statement are set forth in
"APPENDIX A SUMMARY OF CERTAIN PROVISIONS OF THE SUBORDINATE INDENTURE."
This ()fficial Statement contains brief descriptions of the 2007 Bonds, the Indentures, the Agency,
and the Redevelopment Plan (as defined herein). Such descriptions do not purport to be comprehensive or
definitive. All references in this ()fficial Statement to documents are qualified in their entirety by reference
to those documents, and references to the 2007 Bonds are qualified in their entirety by reference to the forms
of the 2007 Bonds included in the Subordinate Indenture. Copies of the Indentures and other documents
described in this ()fficial Statement may be obtained from the Agency as described under the subheading
"Additional Information" below.
As indicated above, the Agency may issue Senior Debt secured under the Senior Indenture on a
parity with the $28,055,000 aggregate principal amount of the 2002 Bonds, of which $ _
[$26,600,000] aggregate principal remains outstanding as of September 1, 2007, and the $18,105,000
'Preliminary, subject to change.
aggregate principal amount of 2006 Series A Bonds, of which [$17,780,000] aggregate principal amount
remains outstanding as of September 1, 2007, and any such Senior Debt will be secured under the Senior
Indenture on a senior basis to the 2006 Series B Bonds and the 2007 Bonds. The Original Subordinate
Indenture also permits the Agency to incur other obligations secured by a pledge of tax increment revenues
that is senior to the pledge thereof under the (lriginal Subordinate Indenture. The Agency may issue
additional debt secured under the Subordinate Indenture on a parity with the $3,040,000 aggregate principal
amount of 2006 Series B Bonds and with the 2007 Bonds and any such additional subordinate debt will be
secured under the Subordinate Indenture on a subordinate basis to the 2006 Series A Bonds, the 2002 Bonds
and any other Senior Obligations (as defined in the Subordinate Indenture). See "SECURITY FOR THE
2007 B( lNDS - Parity Subordinate Debt."
The Agency and the Redevelopment Plan
On July 12, 1988, the County of Riverside (the "County") (prior to the incorporation of the City of
Temecula (the "City")), adopted the "County of Riverside Redevelopment Plan 1 1988" by Ordinance
No. 658. On December 1, 1989, the City was incorporated. All of the area within the County
Redevelopment Plan was included within the boundaries of the City. The Agency was established on
April 27, 1991, by the City Council (the "City Council") of the City by adoption of Ordinance No. 91-08
under the provisions of the Community Redevelopment Law, constituting Part 1 ofDivision24( commencing
with Section 33000) of the California Health and Safety Code, as amended (the "Redevelopment Law"). The
City Council at the same time declared itself to be the governing body of the Agency. The five members of
the City Council serve as the governing body of the Agency and exercise all rights, powers, duties and
privileges of the Agency. See "THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA"
herein. The City has no responsibility whatsoever for the repayment of the 2007 Bonds.
The City Council of the City adopted Ordinance No. 91-11 on May 9, 1991, and Ordinance
No. 91-15 on April 9, 1991, approving the County Redevelopment Plan as the Temecula Redevelopment Plan
No.1 (the "Redevelopment Plan") and transferringjurisdiction over the Redevelopment Plan to the Agency.
This transfer was effective July 1, 1991. The Temecula Redevelopment Project No.1, the area encompassed
by the Redevelopment Plan (the "Project Area"), is primarily commercial and industrial in nature. It is
generally located along Interstate 15 from the City's northern border with the City of Murrieta to the
intersection of Highway 79 on the south. The Project Area encompasses approximately 1,635 acres. The
Project Area includes the Promenade Mall site, (lid Town and industrial and business park areas west of
Interstate 15. See "THE REDEVEL< lPMENT PLAN" herein.
The total assessed valuation of taxable property in the Project Area for Fiscal Year 2007-08 is
approximately $2,055,607,579 greater than the aggregate adjusted assessed valuation in the applicable base
year. Assessed valuations in the Project Area are subject to numerous risks which could result in decreases
from those reported for Fiscal Year 2007-08. See "RISK FACT< lRS" herein.
Purpose of Issuance; Escrow of a Portion of Bond Proceeds
Proceeds from the sale of the 2007 Bonds will be used to (i) finance redevelopment activities within
or of benefit to the Project Area, including establishing an escrow fund for such purposes, subject to release
upon satisfaction of certain conditions described below; (ii) establish a 2007 Reserve Account with respect
to the 2007 Bonds, (iii) fund capitalized interest with respect to the portion of Bond proceeds deposited in
the Escrow Fund to June 15, 2010, and (iv) provide for the costs of issuing the 2007 Bonds. See
"ESTIMATED S( lURCES AND USES (IF FUNDS" herein.
The 2007 Bonds
The 2007 Bonds are being issued pursuant to the laws of the State of California (the "State"),
including the provisions of the Redevelopment Law, Resolution No. RDA , adopted by the Agency on
September 25, 2007 (the "Resolution"), and the Subordinate Indenture. See "THE 2007 BONDS" herein
and "APPENDIX A SUMMARY OF CERT AlNPROVISIONS OF THE SUBORDINATE INDENTURE"
attached hereto.
The 2007 Bonds will be issued in denominations of $5,000 each or integral multiples thereof.
Interest on the 2007 Bonds is payable on each June 15 and December 15, commencing on June 15,2008.
2
Interest and principal on the 2007 Bonds are payable by the Trustee to DTC (as defined herein) which will
be responsible for remitting such principal and interest to the Participants (as defined in Appendix G) which
will in turn be responsible for remitting such principal and interest to the Beneficial (lwners (as defined in
Appendix G) of the 2007 Bonds. No physical distribution of the 2007 Bonds will be made to the public
initially. See "THE 2007 B( lNDS - Book-Entry and DTC" herein.
Source of Payment for the 2007 Bonds
The 2007 Bonds are special obligations of the Agency and are payable from and secured by a pledge
of "Tax Increment Revenues" and amounts in certain funds and accounts held under the Subordinate
Indenture. The term Tax Increment Revenues is defined in the Subordinate Indenture as all taxes annually
allocated and paid to the Agency with respect to the Project Area pursuant to Article 6 of Chapter (;
(commencing with Section 33670) of the Redevelopment Law and Section 16 of Article XVI of the
Constitution of the State of California (the "California Constitution") including all payments, subventions
and reimbursements (if any) to the Agency specifically attributable to ad valorem taxes lost by reason of tax
exemptions and tax rate limitations; but excluding (a) amounts of such taxes required to be deposited into
the Low and Moderate Income Housing Fund of the Agency in any Fiscal Year, pursuant to Section 33334.3
of the Redevelopment Law, (b) all amounts of such taxes required to be paid by the Agency, pursuant to any
Pass-Through Agreement (to the extent that the payments thereunder are not subordinate to the Agency's
obligation to repay the 2007 Bonds), and (c) the Business Inventory Tax Subvention. See "SECURITY FOR
THE 2007 BONDS Tax Increment Revenues" and "LIMITATIONS ON T~X INCREMENT
REVENUES Pass-Through Agreements; Other Contractual Obligations" herein.
The Tax Increment Revenues are not subject to the pledge and lien of any indebtedness of the
Agency other than (i) the 2002 Bonds, the 2006 Series A Bonds, the Financial Guaranty Agreement, the
2006 Financial Guaranty Agreement,' any (lualified Reserve Account Credit Instrument (as defined in the
Senior Indenture), and any Senior Bonds permitted under the Subordinate Indenture (collectively, the "Senior
Obligations"); and (ii) the 2006 Series B Bonds, the 2007 Bonds and any loans, bonds, notes, advances or
indebtedness payable from Tax Increment Revenues on a parity with the 2006 Series B Bonds and the 2007
Bonds ("Additional Subordinate Debt") (the 2002 Bonds, the 2006 Series B Bonds, the 2007 Bonds, any
Senior Debt and any Additional Subordinate Debt, collectively referred to herein as the "Bonds") that may
be issued in accordance with the Indentures. See "THE REDEVEL< lPMENT AGENCY (IF THE CITY (IF
TEMECULA - (lutstanding Indebtedness ofthe Agency" herein. The 2007 Bonds are not payable from, and
are not secured by, any funds of the Agency other than the Tax Increment Revenues, and amounts in certain
funds and accounts specifically pledged therefore under the respective Indenture. See "SECURITY F< lR
THE 2007 B( lNDS" herein. The Indentures are not cross collateralized, and a default under one of the
Indentures does not, in itself, constitute a default under the other Indenture.
Parity Senior Debt; Parity Subordinate Debt
The Agency may incur parity debt secured under the Senior Indenture on a parity with the Senior
Debt and any such parity debt will be secured under the Senior Indenture on a senior basis to the 2007 Bonds.
The Agency may issue Additional Subordinate Debt secured under the Subordinate Indenture on a parity with
the 2006 Series B Bonds and the 2007 Bonds and any such Additional Subordinate Debt will be secured
under the Subordinate Indenture on a subordinate basis to the Senior Debt. The Agency may issue or incur
Senior Debt or Additional Subordinate Debt subject to certain specific conditions set forth in the Subordinate
Indenture. See "SECURITY FOR THE 2007 BONDS Parity Subordinate Debt."
With respect to the 2002 Bonds, the Agency and MEIA In<;urance Corporation ("MBIA") entered into the Financial Guaranty
Agreement (the "Financial Guaranty Agreement"), pursuant to which the Agency is required to reimburse MBIA within one
year of any deposit, the arnOlmt of such deposit made by MEIA with the Trustee lUlder the 2002 Debt Service Reserve Surety
Bond. Such reimbursement is senior to the payments due with respect to the 2007 Bonds and the 2006 Series B Bonds and
shall be made only after all required deposits to the Debt Service Flllld established llllder the Senior Indenture have been made.
With respect to the 2006 Series A Bonds, the Agency and MBIA entered into the 2006 Financial Guaranty Agreement (the
"2006 Financial Guaranty AgreemenC), pursuant to which the Agency is required to reimburse MBIA, within one year of any
deposit the amolmt of such deposit made by MBIA with the Tmstee lmder the 2006 Series A Debt Service Reserve Surety
Bond. Such reimbursement is senior to the payments due with respect to the 2007 Bonds and 2006 Series B Bonds and shall
be made only after all required deposits to the Debt Service Flmd established lmder the Senior Indenture have been made.
"Senior Obligation.;;" include the Senior Debt as well as the Financial Guaranty Agreement, the 2006 Financial Guaranty
Agreement and any other Qualified Reserve AccOlmt Credit Instnunent as such terms are defined in the Senior Indenture.
3
Bondowners' Risks
Prospective investors should review this (Jfficial Statement and the Appendices hereto in their
entirety and should consider certain risk factors associated with the purchase of the 2007 Bonds, some of
which have been summarized in the section herein entitled "RISK FACT< JRS."
Continuing Disclosure
The Agency has covenanted, pursuant to a Continuing Disclosure Certificate executed on the date
of delivery of the 2007 Bonds, for the benefit of (Jwners (as defined in the Subordinate Indenture) and
Beneficial (Jwners of the 2007 Bonds, to provide certain financial information and operating data related to
the Agency by not later than eight months following the end of the Agency's Fiscal Year (the "Annual
Report"), and to provide notices of the occurrence of certain enumerated events, if material. The Annual
Report will be filed by the Agency with each Nationally Recognized Municipal Securities Information
Repository, and with the appropriate State information depository, if any. The notices of material events will
be filed by the Agency with each Nationally Recognized Municipal Securities Information Repository or with
the Municipal Securities Rulemaking Board (and with the appropriate State information depository, if any).
The specific nature of the information to be contained in the Annual Report and any notices of material
events is summarized below under the caption "CONTINUING DISCLOSURE." A complete copy of the
Continuing Disclosure Certificate is set forth in "APPENDIXE - F< JRM (JF C< JNTINUING DISCL< JSURE
CERTIFICATE." The covenants of the Agency in the Continuing Disclosure Certificate have been made
in order to assist the underwriter of the 2007 Bonds in complying with S.E.e. Rule 15c2-12(b)(5) (the
"Rule"). The Agency has substantially complied with all of its previous disclosure obligations under the
Rule.
Investment in the 2007 Bonds involves risks that may not be appropriate for some investors. The
scheduled payment of principal of and interest on the 2007 Bonds will be payable from Tax Increment
Revenues on a basis subordinate to that of the Senior Debt. See the section of this (Jfficial Statement entitled
"RISK FACT< JRS" for a discussion of certain risk factors which should be considered, in addition to the
other matters set forth herein, in considering the investment quality of the 2007 Bonds.
Tax Matters
In the opinion of ()uint & Thimmig LLP, San Francisco, California, Bond Counsel, under existing
law, and assuming compliance by the Agency with certain covenants in the Subordinate Indenture, interest
on the 2007 Bonds is excludable from gross income for federal income tax purposes and is not an item of
tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals and
corporations. In the further opinion of Bond Counsel, interest on the 2007 Bonds is exempt from State of
California personal income taxes. See "T ~X MATTERS" herein.
Professionals Involved in the Offering
The proceedings of the Agency in connection with the issuance of the 2007 Bonds are subject to the
approval as to their legality of Quint & Thimmig LLP, San Francisco, California, Bond Counsel to the
Agency. McFarlin & Anderson LLP, Lake Forest, California, is serving as Disclosure Counsel to the Agency
for the 2007 Bonds. Certain legal matters for the Agency will be passed upon for the Agency by Richards,
Watson & Gershon, Los Angeles, California, Counsel to the Agency. HdL Coren & Cone, Diamond Bar,
California, is acting as Fiscal Consultant to the Agency. Fieldman, Rolapp & Associates, Irvine, California,
is acting as Financial Advisor to the Agency. U.S. Bank National Association, Los Angeles, California, will
act as the Trustee under the Subordinate Indenture.
Additional Information
This Official Statement speaks only as of its date, and the information contained herein is subject
to change without notice. Copies of documents referred to herein are available from the Agency upon written
request, c/o the Redevelopment Agency of the City of Temecula, 43200 Business Park Drive, Temecula,
California 92590, Attention: Agency Secretary. The Agency may impose a charge for copying, mailing and
handling expenses related to any request for documents.
4
ESTIMATED SOURCES AND USES OF FUNDS
The following table sets forth a summary of the sources and uses of funds associated with the
issuance and sale of the 2007 Bonds.
Sources of Funds
Par Amount of 2007 Bonds
Premium/Net Original Issue Discount
Less: Underwriter's Discount
$
Total Sources
$
Uses of Funds
Deposit into 2007 Bonds Reserve Account'!)
Deposit into the Bond Fund'2(
Deposit into Project Fund
Deposit into Escrow Fund
Deposits to Costs ofIssuance Fund'3(
$
Total Uses
$
(1' Equal to the initial Reserve Requirement with respect to the 2007 Bonds. For purposes of the calculation of the Reserve
Requirement the principal of and interest on the portion of the proceeds of the 2007 Bonds deposited in the Escrow Flmd is
excluded from the calculation ofrnaxirnmn annual debt service on the 2007 Bonds.] To the extent proceeds are released from
the Escrow Flllld, the Reserve Requirement shall be recalculated and a portion of the proceeds released from the Escrow Flllld
shall be deposited in the 2007 Bonds Reserve ACcOlmt
Ie) With respect to the portion of Bond proceeds deposited in the Escrow FlmcL represents capitalized interest through hme 15,2010
Ijl Includes, among other things, the fees and expenses of Bond COlillseL Disclosure COlillseL the Financial Advisor, the Trustee
and the cost of printing the Preliminary and final Official Statements.
Redevelopment Activities
The Agency has determined to use 2007 Bonds proceeds to finance redevelopment activities within
or of benefit to the Project Area. The primary activities anticipated to be financed with proceeds of the 2007
Bonds include (i) the acquisition of the East Parking Facilities, consisting of a multi-level public parking
structure that will accommodate a minimum of936 vehicles (including 75 parking spaces designated as park
and ride spaces) on the southerly end of a parcel located adjacent to the Promenade Mall between Macy's
and Edwards Cinemas and (ii) costs ofthe Old Town parking structure and the Old Town infrastructure street
improvements. 2007 Bond proceeds may also be used for other authorized redevelopment facilities.
Escrow Fund
There is established under the Subordinate Indenture a separate fund to be known as the "2007
Escrow Fund," which fund shall be held by the Trustee in trust.
(a) Amounts in the Escrow Fund shall be applied as follows:
(i) From time to time on any date or dates prior to the transfer of amounts in the Escrow
Fund to the Redemption Account under the Subordinate Indenture, the Agency may file with the
Trustee a Certificate of the Agency which identifies (A) the amount then proposed to be released
from the Escrow Fund, and (B) the Maximum Annual Debt Service on the 2006 Series B Bonds, the
Senior Debt and the 2007 Bonds (other than the Maximum Annual Debt Service on the portion, if
any, of the 2007 Escrow Term Bonds equal to the amount initially deposited therein and to remain
on deposit in the Escrow Fund following such release), which will be in effect following such
release. Such Certificate shall conclude that the amount of Tax Increment Revenues for the then
current Fiscal Year, as set forth in such Certificate of the Agency (based on the assessed valuation
of property in the Project Area as evidenced in a written document from an appropriate official of
the County), plus the Additional Allowance, shall be at least equal to one hundred ten percent
(110%) of Maximum Annual Debt Service on the 2006 Series B Bonds, the Senior Debt and the
2007 Bonds (other than the Maximum Annual Debt Service on the portion, if any, of the 2007
5
Escrow Term Bonds equal to the amount initially deposited therein and to remain on deposit in the
Escrow Fund following such release). Promptly following receipt of such Certificate ofthe Agency,
the Trustee shall withdraw from the Escrow Fund the amount identified in such Certificate and
transfer such amount to the 2007 Reserve Subaccount to the extent necessary to increase the amount
on deposit therein to the 2007 Reserve Subaccount to the extent necessary to increase the amount
on deposit therein to the Reserve Requirement with respect to the 2007 Bonds in effect following
such withdrawal, with any remaining amounts withdrawn from the Escrow Fund to be transferred
to the Project Fund.
(ii) All earnings on the investment of amounts on deposit in the Escrow Fund shall be
deposited by the Trustee in the Interest Account four Business Days prior to each Interest
Payment Date (as defined on the cover of the Official Statement).
(b) On and after May 1, 2010 (the "Initial Escrow Close Date"), the Trustee shall make no further
disbursements from the Escrow Fund pursuant to the Subordinate Indenture, and on June 15, 2010 (the
"Initial Escrow Redemption Date") the Trustee shall transfer all amounts on deposit in the Escrow Fund to
the Redemption Account, to be applied to the redemption of 2007 Bonds maturing on December 15,2038
with CUSIP@ No. ("2007 Escrow Term Bonds") to the maximum extent possible on the Initial
Escrow Redemption Date, as provided in the Subordinate Indenture.
Notwithstanding the foregoing, the Initial Escrow Close Date (and any Revised Escrow Close Date
established pursuant to this paragraph) and the Initial Escrow Redemption Date (and any Revised Escrow
Redemption Date established pursuant to this paragraph) may be extended from time to time upon receipt
by the Trustee, not later than one Business Day prior to the Initial Escrow Close Date (or, if extended
pursuant to the terms of this paragraph, the then applicable Revised Escrow Close Date), of:
(i) a request of the Agency requesting such extension and stating (a) the new date
after which amounts in the Escrow Fund will no longer be subject to disbursement pursuant to the
Subordinate Indenture (the "Revised Escrow Close Date") which date shall be at least 45 days but
not more than 90 days prior to the date such amounts are to be used to redeem 2007 Escrow Term
Bonds as described in the following clause (b), and (b) the new date on which 2007 Escrow Term
Bonds are to be subject to mandatory redemption from the amounts transferred from the Escrow
Fund to the Redemption Account pursuant to the Subordinate Indenture (the "Revised Escrow
Redemption Date"), which date shall be an Interest Payment Date;
(ii) cash (which cash shall immediately be deposited by the Trustee in the Escrow Fund) in
an amount determined in writing by an Independent Redevelopment Consultant, together with
expected investment earnings thereon and on the amounts in the Escrow Fund (without regard to any
withdrawal from the Escrow Fund pursuant to the Subordinate Indenture) at the rate of return on the
permitted investment described in (iii) below, to be sufficient to pay interest on the portion of the
2007 Escrow Term Bonds attributable to the funds then on deposit in the Escrow Fund, from the
Initial Escrow Close Date (or, if applicable, the most recently established Revised Escrow Close
Date) to the then proposed Revised Escrow Redemption Date, accompanied by such written
determination by the Independent Redevelopment Consultant; and
(iii) a Permitted Investment or Permitted Investments which provides for the investment of
amounts deposited thereunder from the Initial Escrow Close Date (or the most recent Revised
Escrow Close Date, if applicable) to the then proposed Revised Escrow Redemption Date, for
amounts in the Escrow Fund, and for the amount of cash referred to in the preceding clause (ii) to
be deposited in the Escrow Fund, which Permitted Investment or Permitted Investments will provide
a fixed rate of return equal to or better than that assumed by the Independent Redevelopment
Consultant in its determination pursuant to the preceding clause (ii) above.
Notwithstanding the foregoing, in no event shall any Revised Escrow Redemption Date be later than
June 15,2011 (the last Interest Payment Date prior to the Interest Payment Date on which principal of the
2007 Escrow Term Bonds first becomes payable under the Subordinate Indenture).
The Trustee shall provide the Owners of the 2007 Escrow Term Bonds with a written statement as
to any Revised Escrow Redemption Date established under the Subordinate Indenture, promptly following
6
receipt of the request of the Agency and other documents described in clauses (i) through (iii) above, which
notice shall set forth the Initial Escrow Redemption Date (or, if applicable, the most recent Revised Escrow
Redemption Date), and shall state that such redemption date has been extended to the newly-established
Revised Escrow Redemption Date. In addition, on the Initial Escrow Redemption Date (or, if applicable, the
most recent Revised Escrow Redemption Date), the Trustee shall invest all amounts on deposit in the Escrow
Fund in the Permitted Investment or applicable Permitted Investments described in clause (iii) above.
()n or after any Revised Escrow Close Date, the Trustee shall make no further disbursements from
the Escrow Fund pursuant to the Subordinate Indenture, and on the Revised Escrow Redemption Date, the
Trustee shall transfer all amounts on deposit in the Escrow Fund to the Redemption Account under the
Subordinate Indenture, to be applied to the redemption of2007 Escrow Term Bonds to the maximum extent
possible on the Revised Escrow Redemption Date as provided in the Subordinate Indenture.
7
DEBT SERVICE SCHEDULE
The following table represents the annual debt service for the 2007 Bonds (including mandatory
sinking fund redemptions on their respective December 15 redemption dates, as applicable), assuming that
there are no optional redemptions or mandatory redemptions.
Non-Escrow Non-Escrow 2()()7 Escrow 2()( 17 Escrow
Period Ending Bond Bond Bonds Bonds 2007 Bonds
(December 15) Principal Interest Principal Interest1 Debt Service
21)(IR $ $ $ $ $
21)(19
2010
2011
2012
21113
21114
21115
2016
2017
2018
21119
2()2()
2()21
2022
2023
2024
2(125
2()26
21l2?
2028
2029
2030
21131
21)32
21133
2034
2035
2036
21137
2113R
Total $ $ $ $ $
1 Interest with respect to the portion of 2007 Bond proceeds deposited into the Escrow Fund is capitalized through
June 15.2010
8
THE 2007 BONDS
General Provisions
The 2007 Bonds will be issued and sold in the initial aggregate principal amount of $
The 2007 Bonds will be delivered in registered form, without coupons, in authorized denominations of
$5,000 or any integral multiples thereof. Interest on the 2007 Bonds is payable semi-annually on June 15th
and December 15th of each year (as defined on the cover ofthe ()fficial Statement, each an "Interest Payment
Date," as applicable), commencing June 15,2008, to the registered Owner thereof as of the close of business
on the first calendar day of the month in which the Interest Payment Date occurs, whether or not such first
calendar day is a Business Day (each a "Record Date," as applicable). Principal of the 2007 Bonds will be
payable on December 15 in each of the years and in the principal amounts shown on the inside cover page
hereof.
Interest on the 2007 Bonds is payable by check of the Trustee mailed by first-class mail, postage
prepaid, on each Interest Payment Date to the ()wners of the 2007 Bonds at their respective addresses shown
on the Registration Books (as defined in the Subordinate Indenture) kept by the Trustee as of the applicable
Record Date; provided, however, that payment of interest to each registered ()wner of $1,000,000 or more
aggregate principal amount of the 2007 Bonds may be made by wire transfer to an account in the United
States of America as specified by such Owner in a written request filed with the Trustee prior to the
applicable Record Date. Principal of and premium, if any, on the 2007 Bonds is payable in lawful money
of the United States of America by check of the Trustee upon presentation and surrender thereof at the
corporate trust office of the Trustee designated pursuant to the applicable Indenture.
The 2007 Bonds will be dated their date of issuance and will bear interest (calculated on the basis
of a 360-day year comprised of twelve 30-day months) from the Interest Payment Date next preceding the
date of authentication thereof, unless (i) a Bond is authenticated after the close of business on the preceding
applicable Record Date and on or before the following Interest Payment Date, in which event such Bond will
bear interest from such Interest Payment Date, or (ii) a Bond is authenticated on or before the first applicable
Record Date, in which event such Bond will bear interest from the date of issuance of the 2007 Bonds; or
(c) if, as of the date of authentication of any Bond, interest thereon is in default with respect to such Bond,
in which event such Bond shall bear interest from the date to which interest has previously been paid or made
available for payment thereon.
Any interest not paid when due or duly provided for on any Interest Payment Date shall be paid to
the person in whose name the Bond is registered at the close of business on a special record date for the
payment of such defaulted interest to be fixed by the Trustee. The Trustee shall give notice of such special
record date to the ()wner not less than 10 days prior thereto.
Redem ption
The 2007 Bonds are subject to redemption upon the circumstances, on the dates and at the prices as
follows:
Optional Redemption of the 200ry Bonds.' The 2007 Bonds maturing on or before December 15,
_ shall not be subject to optional redemption prior to maturity. The 2007 Bonds maturing on or after
December 15, shall be subject to redemption in whole, or in part among such maturities as shall be
determined by the Agency, and in any case by lot within a maturity, at the option of the Agency, on any date
on or after December 15, , from any available source of funds, at a redemption price equal to the
principal amount ofthe 2007 Bonds to be redeemed, together with accrued interest thereon to the redemption
date, plus a redemption premium (expressed as a percentage of the principal amount of the 2007 Bonds to
be redeemed), as set forth in the following table:
'Preliminary, subject to change.
9
Redemption Date
Redemption Premium
AlandatorySinkingAccountRedemption of200~ Bonds. The 2007 Bonds maturing on December 15,
20 and December 15,2038 bearing CUSIP@No. (the "Non-Escrowed Term Bonds" and together
with the 2007 Escrow Term Bonds, the "2007 Term Bonds"), and the 2007 Escrow Term Bonds shall also
be subject to redemption in part by lot on December 15 in each of the years set forth in the following tables,
from Sinking Account payments made by the Agency pursuant to the Subordinate Indenture, at a redemption
price equal to the principal amount thereof to be redeemed, together with accrued interest thereon to the
redemption date, without premium, or in lieu thereof shall be purchased pursuant to the Subordinate
Indenture, in the aggregate respective principal amounts and on the dates as set forth in the following tables;
provided. however, that if some but not all of such 2007 Bonds have been redeemed pursuant to the optional
redemption provisions of the Subordinate Indenture, or in the case of the 2007 Escrow Term Bonds pursuant
to the 2007 Escrow Fund redemption described below, the total amount of all future Sinking Account
payments pursuant to the Subordinate Indenture shall be reduced by the aggregate principal amount of such
2007 Bonds so redeemed, to be allocated among such Sinking Account payments in integral multiples of
$5,000 as determined by the Agency (written notice of which determination shall be given by the Agency
to the Trustee).
Term Bonds MaturinQ: on December 15.20
Sinking Account
Redemption Date
(December 15)
20
20
20
20 (maturity)
Principal Amount
To Be Redeemed
or Purchased
$
Term Bonds MaturinQ: on December 15. 2038 BearinQ: CUSIP" No.
Sinking Account
Redemption Date
(December 15)
20
20
20
2038 (maturity)
Principal Amount
To Be Redeemed
or Purchased
$
10
2007 Escrow Term Bonds Maturin!! on December 15. 2038 Bearin!! CUSIP" No.
Sinking Account
Redemption Date
(December 15)
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
Principal Amount
To Be Redeemed
or Purchased
$
2033
2034
2035
2036
2037
2038 (maturity)
In lieu of redemption of any 2007 Term Bonds pursuant to the preceding paragraph, amounts on
deposit in the Special Fund (to the extent not required to be transferred to the Trustee or the trustee for any
Parity Debt pursuant to any Parity Debt Instrument during the then current Bond Year) may also be used and
withdrawn by the Agency at anytime for purchase of2007 Term Bonds at public or private sale as and when
and at such prices (including brokerage and other charges and including accrued interest), as the Agency may
in its discretion determine. The par amount of any of the 2007 Term Bonds so purchased by the Agency in
any twelve-month period ending on November 1 in any year shall be credited towards and shall reduce the
par amount of such 2007 Term Bonds required to be redeemed pursuant to the Subordinate Indenture on
December 15 in such year, upon the presentation of the purchased 2007 Bonds to the Trustee on or prior to
November 1 in any year.
200ry Escrow Fund Redemption. The 2007 Escrow Term Bonds shall be subject to redemption in
part, by lot, on June 15,2010 (or on any Revised Escrow Redemption Date established pursuant to the
Subordinate Indenture), from the amount, if any, transferred from the 2007 Escrow Fund to the Redemption
11
Account pursuant to the Subordinate Indenture, at a redemption price equal to the principal amount of such
2007 Bonds to be redeemed, together with accrued interest thereon to the redemption date, without premium.
Notice of Redemption. The Trustee on behalf and at the expense of the Agency shall mail (by first-
class mail, postage prepaid) notice of any redemption at least thirty (30) but not more than sixty (60) days
prior to the redemption date, to (i) the Owners of any 2007 Bonds designated for redemption at their
respective addresses appearing on the Registration Books, and (ii) the Securities Depositories (as defined
in the Subordinate Indenture) and to one or more Information Services (as defined in the Subordinate
Indenture) designated by the Agency to the Trustee; provided, however, that such mailing shall not be a
condition precedent to such redemption and neither failure to receive any such notice nor any defect in any
notice given shall affect the validity of the proceedings for the redemption of such 2007 Bonds or the
cessation of the accrual of interest thereon. Such notice shall state the redemption date and the redemption
price, shall designate the CUSIP" numbers of the 2007 Bonds to be redeemed, and shall require that such
2007 Bonds be then surrendered at the office of the Trustee for redemption at the redemption price, giving
notice also that further interest on such 2007 Bonds will not accrue from and after the redemption date.
Notwithstanding the foregoing, in the case of any optional redemption of the 2007 Bonds under the
Subordinate Indenture, the notice of redemption shall state that the redemption is conditioned upon receipt
by the Trustee of sufficient moneys to redeem the 2007 Bonds on the anticipated redemption date, and that
the optional redemption shall not occur if by no later than the scheduled redemption date sufficient moneys
to redeem the 2007 Bonds have not been deposited with the Trustee. In the event that the Trustee does not
receive sufficient funds by the scheduled optional redemption date to so redeem the 2007 Bonds to be
optionally redeemed, the Trustee shall send written notice to the (lwners of the 2007 Bonds, to the Securities
Depositories and to one or more of the Information Services to the effect that the redemption did not occur
as anticipated, and the 2007 Bonds for which notice of optional redemption was given shall remain
(lutstanding for all purposes of the Subordinate Indenture.
.Manner of Redemption. Whenever provision is made in the Subordinate Indenture for the
redemption ofless than all of the 2007 Bonds, unless otherwise provided in the Subordinate Indenture, the
Agency in its discretion shall determine the maturities to be redeemed by written notice to the Trustee, and
the Trustee shall select the 2007 Bonds within a maturity to be redeemed by lot in any manner which the
Trustee, in its sole discretion, shall deem appropriate.
Partial Redemption of 200ry Bonds. In the event only a portion of any 2007 Bond is called for
redemption, then upon surrender of such 2007 Bond the Agency shall execute and the Trustee shall
authenticate and deliver to the (lwner thereof, at the expense ofthe Agency, a new 2007 Bond or 2007 Bonds
of the same series and maturity date, of authorized denominations in aggregate principal amount equal to the
unredeemed portion of the 2007 Bond to be redeemed.
Effect of Redemption. From and after the date fixed for redemption, if notice of redemption shall
have been duly mailed and funds available for the payment of principal of and interest (and premium, if any)
on the 2007 Bonds so called for redemption shall have been duly provided, such 2007 Bonds so called shall
cease to be entitled to any benefit under the Subordinate Indenture other than the right to receive payment
of the redemption price, and no interest shall accrue thereon from and after the redemption date specified in
such notice.
Book-Entry and DTC
The Depository Trust Company ("DTC"), New York, New York, will act as securities depository
for the 2007 Bonds. The 2007 Bonds will be issued as fully-registered securities registered in the name of
Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized
representative ofDTC. One fully-registered Bond certificate will be issued for each maturity of the 2007
Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC. See
"APPENDIX G-BOOK-ENTRY SYSTEM." So long as Cede & Co. is the registered Owner of the 2007
Bonds, references in this Official Statement to the holders or owners or registered Owners or Owners
of the 2007 Bonds shall mean Cede & Co. and shall not mean the Beneficial Owners of the 2007 Bonds.
12
Discontinuance ofDTC Services
In the event that (a) DTC determines not to continue to act as securities depository for the 2007
Bonds, or (b) the Agency determines that DTC shall no longer act as securities depository, and delivers a
written certificate to the Trustee to that effect, then the Agency will discontinue the Book-Entry System with
DTC for one or both series of the 2007 Bonds. If the Agency determines to replace DTC with another
qualified securities depository, the Agency will prepare or direct the preparation of a new single, separate,
fully-registered Bond for each maturity of the applicable series of the 2007 Bonds registered in the name of
such successor or substitute securities depository as are not inconsistent with the terms of the Subordinate
Indenture. If the Agency fails to identify another qualified securities depository to replace the incumbent
securities depository for the applicable series of the 2007 Bonds, then such 2007 Bonds shall no longer be
restricted to being registered in the Registration Books in the name of the incumbent securities depository
or its nominee, but shall be registered in whatever name or names the incumbent securities depository or its
nominee transferring or exchanging the applicable 2007 Bonds shall designate.
In the event that the Book-Entry System is discontinued, the following provisions would also apply:
(i) the 2007 Bonds will be made available in physical form, (ii) principal of, and redemption premiums if any,
on the 2007 Bonds will be payable upon surrender thereof at the trust office of the Trustee identified in the
Subordinate Indenture, and (iii) the 2007 Bonds will be transferable and exchangeable as provided in the
Subordinate Indenture.
SECURITY FOR THE 2007 BONDS
Tax Increment Revenues
T{[~ Allocations. The Redevelopment Law provides a means for financing redevelopment projects
based upon an allocation of taxes collected within a project area. The taxable valuation of a project area last
equalized prior to adoption of the redevelopment plan, or base roll, is established in the base year.
Thereafter, except for any period during which the taxable valuation drops below the base year level, the
taxing bodies receive the taxes produced by the levy of the then-current tax rate upon the base roll. Taxes
collected upon any increase in taxable valuation over the base roll (with the exception of taxes derived from
increases in the tax rate imposed by taxing agencies to support new bonded indebtedness) are allocated to
the redevelopment agency and may be pledged to the repayment of any indebtedness incurred in financing
or refinancing redevelopment. Redevelopment agencies themselves have no authority to levy property taxes
and must look exclusively to such allocation of taxes. Currently, such taxes are collected by the County and
paid to the affected entities.
As provided in the Redevelopment Plan and pursuant to Article 6 of Chapter 6 of the Redevelopment
Law and Section 16 of Article X'VI of the State Constitution, taxes levied upon taxable property in the project
area each year by or for the benefit of the State, cities, counties, districts or other public corporations
(collectively, the "Taxing Agencies"), for fiscal years beginning after the effective date of the respective
redevelopment plan, will be divided as follows:
(I) To t{[~ing agencies: The portion equal to the amount of those taxes which would have
been produced by the current tax rate, applied to the taxable valuation of such property in the
redevelopment project area as last equalized prior to the establishment of the redevelopment project,
or base roll, is paid into the funds of those respective taxing agencies as taxes by or for said taxing
agencies; and
(2 ) To the Agency: The portion of said levied taxes each year in excess of the amount
referred to in (I) above is allocated to, and when collected, is paid into the Special Fund of the
Agency; provided that the portion of the taxes identified in (I) above which are attributable to a tax
rate levied by a taxing agency to pay indebtedness approved by the voters of that taxing agency on
or after January I, 1989, shall be allocated to, and when collected shall be paid into, the fund of such
taxing agency. Such excess is referred to as "Tax Increment Revenues."
The Agency has entered into various pass-through agreements and other contractual obligations
whereby it has committed portions of the taxes that are allocated to the Agency as described in the preceding
paragraph (2). The Tax Increment Revenues pledged to the payment of the 2007 Bonds under the
13
Subordinate Indenture specifically exclude the taxes so committed, and such amounts will not be available
to make payments on the 2007 Bonds. See "LIMIT ATI( lNS (IN T ~X INCREMENT REVENUES - Pass-
Through Agreements; Other Contractual Obligations" for a discussion of such agreements and other
obligations of the Agency, and "SECURITYF< lR THE 2007B( lNDS - Pledge of Tax Increment Revenues"
for the specific exclusions from the taxes pledged by the Agency under the Subordinate Indenture to the
repayment of the 2007 Bonds.
Housing Set-Aside Amounts. The Redevelopment Law requires generally that, unless a specified
finding is made, redevelopment agencies set aside 20% of all tax increment revenues (as described above)
derived from redevelopment project areas into a low and moderate income housing fund (the "Low and
Moderate Income Housing Fund"), to be used for the purpose of increasing, improving and! or preserving the
supply of low and moderate income housing. Sections 33334.2 and 33334.6 of the Redevelopment Law
dictate the low and moderate income housing set-aside requirement for the redevelopment project. See
"LIMIT ATH lNS (IN T ~X INCREMENT REVENUES - Low and Moderate Income Housing" herein. The
pledge of Tax Increment Revenues under the Subordinate Indenture does not include any portion of the Tax
Increment Revenues arising from the Redevelopment Plan that is required to be deposited by the Agency to
the Low and Moderate Income Housing Fund.
Pledge of Tax Increment Revenues
Pursuant to each Indenture, all right, title and interest of the Agency in Tax Increment Revenues paid
to the Agency under the State Constitution, the Redevelopment Law and other applicable laws, are assigned
and pledged to secure the payment of principal of and interest on the Bonds; provided, however, that the
pledge ofT{[dncrement Revenues to secure the Subordinate Debt, including the 200ry Bonds, is subordinate
to the pledge of and lien on the T{[~ Increment Revenues to repay the Senior Obligations. Each Indenture
defines the term "Tax Increment Revenues" to mean all taxes annually allocated and paid to the Agency with
respect to the Project Area pursuant to Article 6 of Chapter 6 (commencing with Section 33670) of the
Redevelopment Law and Section 16 of Article XVI of the State Constitution including all payments,
subventions and reimbursements (if any) to the Agency specifically attributable to ad valorem taxes lost by
reason of tax exemptions and tax rate limitations but excluding (a) amounts of such taxes required to be
deposited into the Low and Moderate Income Housing Fund of the Agency in any fiscal year pursuant to
Section 33334.3 of the Redevelopment Law to the extent not eligible under the Redevelopment Law for the
payment of debt service on the 2007 Bonds, (b) all amounts of such taxes required to be paid by the Agency
pursuant to any Pass-Through Agreement (to the extent that the payments thereunder are not subordinated
to the Agency's obligation to repay the 2007 Bonds), and (c) the Business Inventory Tax Subvention. See
"LIMITATIONS ON T~X INCREMENT REVENUES - Pass-Through Agreements; Other Contractual
(lbligations" herein for a discussion of the contractual and other obligations of the Agency giving rise to the
exclusions described in the preceding clause (b). See also "LIMITATIONS ON T~X INCREMENT
REVENUES - Redevelopment Plan Limitations" herein for certain other constraints on the availability of
Tax Increment Revenues to pay debt service on the 2007 Bonds.
Except as may be otherwise provided in any Supplemental Indenture (as defined in the Indentures),
the Agency is not obligated to transfer to the Trustee, for deposit in the Special Fund created under either
of the Indentures with respect to any Bond Year (under the Senior Indenture) or Tax Increment Calculation
Year (under the Subordinate Indenture), an amount of Tax Increment Revenues which, together with other
available amounts in the respective Special Fund, exceeds the amounts required with respect to such Bond
Year or Tax Increment Calculation Year, as applicable, pursuant to the Indentures. After the amount on
deposit in each Special Fund equals the aggregate amount required to be deposited into the applicable Interest
Account, the Principal Account, the Sinking Account and the Reserve Account with respect to such Bond
Year or Tax Increment Calculation Year, as applicable, pursuant to each respective Indenture, all additional
Tax Increment Revenues received with respect to such Bond Year or Tax Increment Calculation Year, as
applicable, shall be released from the pledge and lien of the respective Indenture and may be used for any
lawful purpose of the Agency.
The Agency has no independent power to levy and collect property t{[~es, and any property t{[~
limitation, legislative measure, voter initiative or provision of additional sources of income to taxing
agencies having the effect of reducing the property t{[~ rate or collections, could reduce the amount ofT{[~
Increment Revenues that would otherwise be available to pay the principal of, and interest on, the 200ry
Bonds. Likewise, broadened property t{[~ exemptions could have a similar effect. See "RISK FACTORS"
herein.
14
Limited Obligations
THE PRINCIPAL (IF AND INTEREST AND PREMIUM IF ANY, (IN THE 2007 B(lNDS ARE
PAYABLE S(lLELY FR(lM T~X INCREMENT REVENUES AND FR(lM AM(lUNTS IN CERTAIN
FUNDS AND ACCOUNTS PLEDGED THEREFORE UNDER AND PURSUANT TO THE
SUB( lRDINATE INDENTURE. THE 2007 B( lNDS ARE N( IT ADEBT (IF THE CITY, (lR THE STATE
OR ANY POLITICAL SUBDIVISION OF THE STATE (OTHER THAN THE AGENCY TO THE
LIMITED EXTENT SET F< lRTH IN THE SUB( lRDINATE INDENTURE), AND NEITHER THE CITY
NOR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS (OTHER THAN THE AGENCY) IS
LIABLE THEREFOR. NEITHER THE MEMBERS OF THE AGENCY NOR ANY PERSON
RESP( lNSIBLE F< lR THE EXECUTI< IN (IF THE 2007 B( lNDS IS LIABLE PERS( lNALL Y F< lR THE
2007 B( lNDS BY REAS( IN (IF THE ISSUANCE THERE( IF.
Application of Tax Increment Revenues
Under each Indenture there is established a special fund known as the "Special Fund,"which is held
by the Agency. The Agency is required under the Senior Indenture to transfer all of the Tax Increment
Revenues received with respect to any Bond Year (August 2 in any year to the next succeeding August I)
to the Special Fund created thereunder promptly upon receipt thereof by the Agency; provided, that the
Agency will not be obligated to deposit in such Special Fund with respect to any Bond Year an amount of
Tax Increment Revenues which, together with other available amounts then in such Special Fund, exceeds
the amounts required to be transferred under the Senior Indenture to the Trustee for deposit in the applicable
Interest Account, Principal Account, Sinking Account, Reserve Account and the Redemption Account
established under the Senior Indenture with respect to any Bond Year as described below. The Agency is
required under the Subordinate Indenture to transfer all of the Tax Increment Revenues received with respect
to any Tax Increment Calculation Year after satisfaction of the requirements of the Senior Indenture and any
amounts due under the Senior Obligations, to the Special Fund created thereunder promptly upon receipt
thereof by the Agency; provided, that the Agency will not be obligated to deposit in such Special Fund with
respect to any Tax Increment Calculation Year an amount of Tax Increment Revenues which, together with
other available amounts then in such Special Fund, exceeds the amounts required under the Subordinate
Indenture to be transferred to the Trustee for deposit in the applicable Interest Account, Principal Account,
Sinking Account, Reserve Account and the Redemption Account established under the Subordinate Indenture
with respect to any Tax Increment Calculation Year as described below. After the amount on deposit in the
Special Fund established under the Subordinate Indenture equals the aggregate amount required to be
deposited into the applicable Interest Account, the Principal Account, the Sinking Account, the Reserve
Account and the Redemption Account established under the Subordinate Indenture with respect to such Tax
Increment Calculation Year as described below, all additional Tax Increment Revenues received with respect
to a Tax Increment Calculation Year will be released from the pledge and lien of the Indentures and maybe
used for any lawful purpose of the Agency.
Prior to the payment in full of principal of and interest and redemption premium (if any) on the 2002
Bonds and 2006 Series A Bonds and the payment in full of all other amounts payable under the Indentures
and under any instrument, any resolution, indenture of trust, trust agreement or other instrument authorizing
the issuance and! or execution and delivery of any Senior Debt (collectively, a "Senior Debt Instrument"),
and under any instrument, any resolution, indenture of trust, trust agreement or other instrument authorizing
the issuance and! or execution and delivery of any Additional Subordinate Debt (collectively, an "Additional
Subordinate Debt Instrument"), the Agency will not have any beneficial right or interest in the moneys on
deposit in the Special Funds, except only as provided in the Indentures and in any Senior Debt Instrument
or Additional Subordinate Debt Instrument, and such moneys will be used and applied as set forth in the
Indentures and in any Senior Debt Instrument and any Additional Subordinate Debt Instrument.
Under each Indenture there is established a trust fund known as the "Debt Service Fund," which is
held by the Trustee in trust. Moneys in each Special Fund are required to be transferred by the Agency to
the Trustee in the following amounts, at the following times, for deposit by the Trustee in the following
respective accounts within each Debt Service Fund, which are held by the Trustee, and in the following order
of priority, provided, as referenced above, that the deposits to the Special Fundfor the 200ry Bonds will not
be made, and therefore the deposits to theAccounts relating to the 200ry Bonds will not be made, until after
deposit to the Special Fund created under the Senior Indenture for the Senior Debt sufftcient to satisfi' all
of the deposits to the Accounts for the Senior Debt have been made for the applicable Bond Year and after
15
satisfllction of any amounts due under any other Senior Debt, in the applicable T{[~ Increment Calculation
Year:
Interest Account. On or before each date on which interest is payable on the applicable
Bonds, the Agency will withdraw from the applicable Special Fund and transfer to the Trustee for
deposit in the applicable Interest Account an amount which, when added to the amount then on
deposit in the applicable Interest Account, will be equal to the aggregate amount of the interest
becoming due and payable on the applicable (lutstanding Bonds on such Interest Payment Date. All
moneys in the applicable Interest Account are required to be used and withdrawn by the Trustee
solely for the purpose of paying the interest on the applicable Bonds as it becomes due and payable
(including accrued interest on any Bonds purchased or redeemed prior to maturity pursuant to the
Indentures) .
Princioal Account. On or before each date on which principal of the applicable Bonds
becomes due and payable at maturity, the Agency will withdraw from the applicable Special Fund
and transfer to the Trustee for deposit in the applicable Principal Account an amount which, when
added to the amount then on deposit in the applicable Principal Account, will be equal to the amount
of the principal coming due and payable on such date on the applicable Outstanding Bonds. All
moneys in the applicable Principal Account are required to be used and withdrawn by the Trustee
solely for the purpose of paying the principal on the applicable Bonds upon the maturity thereof.
SinkinQ: Account. (In or before each date on which any applicable (lutstanding Term Bonds
are subjectto mandatory sinking account redemption, the Agency will withdraw from the applicable
Special Fund and transfer to the Trustee for deposit in the applicable Sinking Account an amount
which, when added to the amount then contained in the applicable Sinking Account, will be equal
to the aggregate principal amount of the applicable Term Bonds subject to mandatory Sinking
Account redemption on such date. All moneys on deposit in the applicable Sinking Account are
required to be used and withdrawn by the Trustee for the sole purpose of redeeming or purchasing
(in lieu of redemption) the applicable Term Bonds.
Reserve Account. With respect to the Senior Debt, a separate Subaccount within the
Reserve Account created under the Senior Indenture shall be established for each such series of
Bonds. In the event that the amount on deposit in the applicable Subaccount ofthe Reserve Account
at any time becomes less than the applicable Reserve Requirement, the Trustee upon receipt of actual
knowledge will promptly notify the Agency of such fact. Promptly upon receipt of any such notice,
the Agency is obligated to transfer to the Trustee from the Special Fund created under the Senior
Indenture an amount sufficient to maintain the applicable Reserve Requirement on deposit in the
applicable Subaccount of the Reserve Account. Amounts in the applicable Subaccount of the
Reserve Account shall be used and withdrawn by the Trustee for the purpose of making transfers to
the applicable Interest Account, the Principal Account and the Sinking Account, in such order of
priority, on any date which the principal of or interest on the related Bonds becomes due and payable
in the event of any deficiency at any time in any of such accounts on or before each applicable
Interest Payment Date or at any time for the retirement of all the related Bonds then (lutstanding.
So long as the Agency is not in default under the Senior Indenture, any amount in the applicable
Subaccount ofthe Reserve Account in excess ofthe applicable Reserve Requirement preceding each
applicable Interest Payment Date will be withdrawn from the applicable Subaccount of the Reserve
Account by the Trustee and deposited in the applicable Interest Account on or before each applicable
Interest Payment Date. Amounts in a Subaccount of the Reserve Account may only be used to pay
debt service on the related series of the Bonds.
With respect to the 2007 Bonds, separate Subaccount of the Reserve Account has been
created under the Subordinate Indenture. In the event that the amount on deposit in the applicable
Subaccount of the Reserve Account at any time becomes less than the applicable Reserve
Requirement, the Trustee upon receipt of actual knowledge will promptly notify the Agency of such
fact. Promptly upon receipt of any such notice, the Agency is obligated to transfer to the Trustee
from the Special Fund created under the Subordinate Indenture an amount sufficient to maintain the
applicable Reserve Requirement on deposit in the applicable Subaccount of the Reserve Account.
Amounts in the applicable Subaccount of the Reserve Account shall be used and withdrawn by the
Trustee for the purpose of making transfers to the applicable Interest Account, the Principal Account
and the Sinking Account, in such order of priority, on any date which the principal of or interest on
16
the related Bonds becomes due and payable in the event of any deficiency at any time in any of such
accounts on or before each applicable Interest Payment Date or at any time for the retirement of all
the related Bonds then (lutstanding. So long as the Agency is not in default under the Subordinate
Indenture, any amount in the applicable Subaccount of the Reserve Account in excess of the
applicable Reserve Requirement preceding each app licab Ie Interest Payment Date will be withdrawn
from the Reserve Account by the Trustee and deposited in the applicable Interest Account on or
before each applicable Interest Payment Date.
The Agency reserves the right in the Indentures to substitute, at any time and from time to
time, a (lualified Reserve Account Credit Instrument, in lieu of or in substitution for or in place of
all or any portion of the moneys then constituting a Reserve Requirement, under the terms of which
the Trustee is unconditionally entitled to withdraw amounts when required for the purposes of the
applicable Indenture. Upon deposit by the Agency with the Trustee of any such (lualified Reserve
Account Credit Instrument, the Trustee will withdraw from the Reserve Account and transfer to the
Agency free and clear of the lien of each Indenture moneys in an amount equal to the maximum
limits or principal, as applicable, of such (lualified Reserve Account Credit Instrument. "(lualified
Reserve Account Credit Instrument" is defined in the Indentures to mean (i) with respect to the 2006
Series A Bonds, the Series A Debt Service Reserve Surety Bond relating thereto, (ii) with respect
to the 2002 Bonds means the Debt Service Reserve Surety Bond relating thereto (the "2002 Bonds
Debt Service Reserve Surety Bond"), and (iii) otherwise, with respect to any series of Bonds, an
irrevocable standby or direct-pay letter of credit or surety bond issued by a commercial bank or
insurance company and deposited with the Trustee, provided that all of the following requirements
are met: (a) the long-term credit rating or claims paying ability of such bank or insurance company
is in the highest rating category by Standard & Poor's Rating Group ("S&P") and Moody's Investors
Services and, if rated by A.M. Best & Company, also rated in the highest category by A.M. Best &
Company; (b) such letter of credit or surety bond has a term of at least twelve (12) months; (c) such
letter of credit or surety bond has a stated amount at least equal to the portion of the Reserve
Requirement with respect to which funds are proposed to be released pursuant to the applicable
Indenture; and (d) the Trustee is authorized pursuant to the terms of such letter of credit or surety
bond to draw thereunder an amount equal to any deficiencies which may exist from time to time in
the Interest Account, the Principal Account or the Sinking Account for the purpose of making
payments required pursuant to the applicable Indenture.
The Reserve Requirement with respect to the 200ry Bonds will initial!.v be satisfied with
deposit of a portion of the proceeds of the 200ry Bonds to the Subaccount of the Reserve Account
created under the Subordinate Indenture. See" - Reserve Account" below.
Redemotion Account. (In or before each date on which 2007 Bonds are to be redeemed
pursuant to optional redemption, the Agency will withdraw from the Special Fund established under
the Subordinate Indenture and transfer to the Trustee for deposit in the Redemption Account an
amount required to pay the principal of and premium, if any, on the 2007 Bonds to be redeemed on
such date, taking into account any funds then on deposit in the applicable Redemption Account. All
moneys in such Redemption Account are required to be used and withdrawn by the Trustee solely
for the purpose of paying the principal of and premium, if any, on the 2007 Bonds to be redeemed
pursuant to optional redemption on the respective dates set for such redemption.
Reserve Account
Pursuant to the Subordinate Indenture, separate Reserve Sub accounts within the Reserve Account
have been established and are held by the Trustee in trust for the benefit of the Agency and the registered
Owners of the 2006 Series B Bonds and the 2007 Bonds, respectively, and will be established for any
Additional Subordinate Debt. The amount on deposit in each Reserve Subaccount is required to be
maintained at an amount equal to the applicable Reserve Requirement. Pursuant to the Senior Indenture,
Reserve Sub accounts within the Reserve Account have been established and are held by the Trustee in trust
for the benefit of the Agency and the registered owners of the 2002 Bonds and the 2006 Series A Bonds,
respectively.
The term "Reserve Requirement" with respect to the 2007 Bonds means, as of the date of any
calculation by the Agency, the least of (a) Maximum Annual Debt Service with respect to the 2007 Bonds,
or (b) one hundred twenty-five percent (125%) of average Annual Debt Service with respect to the 2007
17
Bonds, or (c) ten percent (10%) of the initial principal amount of the 2007 Bonds [, provided, however, that
for purposes of calculation of the Maximum Annual Debt Service on the 2007 Bonds, the principal of and
interest on the portion of the proceeds of the 2007 Bonds deposited in the Escrow Fund shall be excluded
from such calculation]. To the extent proceeds are released from the Escrow Fund, the Reserve Requirement
shall be recalculated and a portion of the proceeds released from the Escrow Fund shall be deposited in the
2007 Bonds Reserve Account. See "APPENDLX A - SUMMARY (IF CERT AlN PR( NISI< lNS (IF THE
SUBORDINATE INDENTURE" attached hereto for the definitions of capitalized terms used in the
preceding sentence.
So long as the Reserve Requirement shall at any time be maintained in the Reserve Account (or
subaccount therein) in the form of a combination of cash and a (lualified Reserve Account Credit Instrument,
the Trustee shall apply the amount of such cash to make any payment required to be made from the Reserve
Account (or subaccount therein) before the Trustee shall draw any moneys under the (lualified Reserve
Account Credit Instrument for such purpose. In the event that the Trustee shall at any time draw funds under
the (lualified Reserve Account Credit Instrument to make any payment then required to be made from the
Reserve Account (or subaccount therein), the Tax Increment Revenues thereafter received by the Trustee,
to the extent remaining after making the other deposits (if any) then required to be made to the Interest
Account, Principal Account and Sinking Account pursuant to the Special Fund provisions ofthe Subordinate
Indenture, shall be used to reinstate the (lualified Reserve Account Credit Instrument. If there is more than
one (lualified Reserve Account Credit Instrument held in the Reserve Account (or subaccount therein), any
draw or reinstatement shall be made upon them pro rata.
County Payment of Tax Increment
The County currently pays to the Agency property tax payments at 100% of the Agency's share of
levied amounts, subject to any tax sharing agreement with the County. Consequently, delinquent property
taxes do not currently impact the Agency's tax increment revenues. The Riverside County Auditor-
Controller remits tax increment revenues to the Agency in periodic payments each fiscal year. However,
the foregoing payment description is an administrative practice of the County that could be subject
to change. While the current administrative practice continues in existence and is carried out as
described above, the County's administrative practice may help protect the Owners of the 2007 Bonds
from the risk of delinquencies in ad valorem taxes.
Parity Subordinate Debt
Pursuant to the Subordinate Indenture, in addition to the 2006 Series B Bonds and the 2007 Bonds,
the Agency may issue or incur Additional Subordinate Debt payable from Tax Increment Revenues on a
parity with the 2006 Series B Bonds and the 2007 Bonds in such principal amount as will be determined by
the Agency. The Agency may issue or incur any such Additional Subordinate Debt subject to the following
specific conditions:
(a) No Event of Default, as defined in the Subordinate Indenture, shall have occurred and
be continuing, and the Agency shall otherwise be in compliance with all covenants set forth in the
Subordinate Indenture.
(b) Subject to paragraph (d) below, the Tax Increment Revenues for the then current Fiscal
Year (based on the assessed valuation of property in the Project Area as evidenced in a written
document from an appropriate official of the County) plus, at the option of the Agency, the
Additional Allowance shall be at least equal to one hundred ten percent ( 110%) of the Maximum
Annual Debt Service on the 2006 Series B Bonds, the 2007 Bonds, the Senior Debt and new
Additional Subordinate Debt.
(c) Subject to paragraph (d) below, the issuance of such Additional Subordinate Debt shall
not cause the Agency to exceed any applicable Plan Limitations (as defined in the Indentures).
Without limiting the generality of the foregoing, the Agency shall not issue or execute and deliver
any Additional Subordinate Debt in the event and to the extent that either (i) the sum of the
aggregate amount of debt service on all outstanding obligations of the Agency payable from Tax
Increment Revenues, including such Additional Subordinate Debt, exceeds the aggregate amount of
Tax Increment Revenues which are eligible to be allocated and paid to the Agency while such
obligations remain outstanding or (ii) the aggregate principal amount of all outstanding obligations
18
of the Agency, including such Additional Subordinate Debt, exceeds any applicable limit in the
Redevelopment Plan on the aggregate principal amount of indebtedness which the Agency is
permitted to have outstanding at anyone time.
(d) In computing the Maximum Annual Debt Service on the 2007 Bonds, the Senior Debt
and the Additional Subordinate Debt for purposes of paragraph (b) above, and the debt service for
purposes of paragraph (c) above, if interest on any 2007 Bonds, the Senior Debt or the Additional
Subordinate Debt is payable at a variable rate or is otherwise incapable of determination, (A) if the
Agency has entered into a variable to fixed swap arrangement with respect to such 2007 Bonds,
Senior Debt or Additional Subordinate Debt the term of which extends for the term of such 2007
Bonds, Senior Debt or Additional Subordinate Debt and payments by the counterparty on the swap
arrangement are guaranteed or insured by an entity whose unsecured debt obligations are rated in
the highest rating category by Moody's and S&P, the maximum annual debt service due by the
Agency under the swap arrangement shall be used rather than the maximum annual debt service on
such 2007 Bonds, Senior Debt or Additional Subordinate Debt, or (B) the 2007 Bonds, Senior Debt
or Additional Subordinate Debt shall be assumed to bear interest at a fixed rate equal to the average
of the daily interest rate on such 2007 Bonds, Senior Debt or Additional Subordinate Debt during
the three-year period preceding the first day of the month in which the determination is made (and,
if such 2007 Bonds, Senior Debt or Additional Subordinate Debt have not been outstanding for the
entire three-year period, for the portion of such time period such 2007 Bonds, Senior Debt or
Additional Subordinate Debt were not outstanding, the interest rate on a debt instrument of similar
credit quality and maturity as determined by an Independent Redevelopment Consultant (as defined
in the Indentures)).
(e) The related Additional Subordinate Debt Instrument shall provide that:
(i) Interest on such Additional Subordinate Debt shall be payable on June 15 and
December 15 in each year in which interest is payable on such Additional Subordinate Debt
except the first twelve-month period, during which interest may be payable on any June 15
or December 15 and provided that there shall be no requirement that such Additional
Subordinate Debt pay interest on a current basis and the interest rate on all Additional
Subordinate Debt shall be fixed for the term of the Additional Subordinate Debt;
(ii) The principal of such Additional Subordinate Debt shall be payable on
December 15 in any year in which principal is payable; and
(iii) Money (and/or a (lualified Reserve Account Credit Instrument) shall be
deposited in the Reserve Account, or in a separate subaccount therein established for the
benefit of the Additional Subordinate Debt, in an amount equal to the initial Reserve
Requirement - Additional Subordinate Debt applicable to such Additional Subordinate
Debt.
(f) The Agency shall deliver to the Trustee a Certificate of the Agency certifying that the
conditions precedent to the issuance of such Additional Subordinate Debt set forth in subsections
(a), (b), (c) and (e) above have been satisfied.
"Additional Allowance" is defined under the Senior Indenture as the sum of the following: (a) the
amount of Tax Increment Revenues which, as shown in the report of an Independent Redevelopment
Consultant, is estimated to be receivable by the Agency in the next succeeding Fiscal Year as a result of
increases in the assessed valuation of taxable property in the Project Area due to construction which has been
completed but has not yet been reflected on the tax roll; (b) the amount of Tax Increment Revenues which,
as shown in the report of an Independent Redevelopment Consultant, is estimated to be receivable by the
Agency in the next succeeding Fiscal Year as a result of increases in the assessed valuation of taxable
property in the Project Area due to inflation at an assumed annual inflation rate equal to the lesser of (i) the
annual rate of inflation for the preceding twelve-month period for which figures are available or (ii) two
percent (2%), but only if the rate of inflation had increased by at least two percent (2%) in each of the
preceding three Fiscal Years; and (c) an amount equal to the estimated earnings on amounts in the Reserve
Accounts in the next succeeding Fiscal Year based upon the amount that is expected to be on deposit in the
Reserve Accounts following the issuance of the then proposed Senior Debt (not to exceed the amount of the
Reserve Requirement) and an interest rate equal to the lesser of the rate at which amounts in the Reserve
19
Accounts are then invested or five percent (5%) per annum. For purposes of such definition, the term
"increases in the assessed valuation" means the amount by which the assessed valuation of taxable property
in the Project Area in the next succeeding Fiscal Year is estimated to exceed the assessed valuation oftaxable
property in the Project Area (as reported by the County Auditor-Controller) in the Fiscal Year in which such
calculation is made.
"Additional Allowance" is defined under the Subordinate Indenture as the sum of the following:
(a) the amount of Tax Increment Revenues which, as shown in the report of an Independent Redevelopment
Consultant, is estimated to be receivable by the Agency in the next succeeding Fiscal Year as a result of
increases in the assessed valuation oftaxable property in the Project Area due to construction which has been
completed but has not yet been reflected on the tax roll; and (b) the amount of Tax Increment Revenues
which, as shown in the report of an Independent Redevelopment Consultant, are estimated to be receivable
by the Agency in the next succeeding Fiscal Year as a result of increases in the assessed valuation of taxable
property in the Project Area due to inflation at an assumed annual inflation rate equal to the lesser of (i) the
annual rate of inflation for the preceding twelve-month period for which figures are available or (ii) two
percent (2%), but only if the rate of inflation had increased by at least two percent (2%) in each of the
preceding three Fiscal Years. For purposes of such definition, the term "increases in the assessed valuation"
means the amount by which the assessed valuation of taxable property in the Project Area in the next
succeeding Fiscal Year is estimated to exceed the assessed valuation of taxable property in the Project Area
(as reported by the County Auditor-Controller) in the Fiscal Year in which such calculation is made.
In the Subordinate Indenture, the Agency has covenanted not to issue any Senior Debt under the
Senior Indenture, other than Refunding Debt (as defined in the Senior Indenture), unless (a) the Agency
satisfies each of the requirements of paragraphs (a), (b), (c) and (d) as set forth above with respect to Senior
Debt as if such Senior Debt was to be Additional Subordinate Debt under the Subordinate Indenture; (b) the
Senior Debt satisfies all applicable requirements of the Senior Indenture; and (c) the Agency provides notice
of the incurrence thereof under the Continuing Disclosure Certificate within ten ( 10) days following the date
of incurrence of such loan, advance or indebtedness, relating to the 2007 Bonds including the principal
amount thereof, the maturity date thereof and the date of incurrence thereof.
With respect to the 2002 Bonds and the 2006 Series A Bonds, the Agency may issue or incur
Refunding Debt in such principal amount as shall be determined by the Agency so long as the conditions set
forth below under Senior Debt in subsections (a), (c) and (e) below are met, and the Agency delivers to the
Trustee a Certificate of the Agency certifying that such conditions precedent to the issuance of such
Refunding Debt set forth in subsections (a), (c) and (e) above have been met and such Refunding Debt is
otherwise in accordance with the definition of Refunding Debt. With respect to the 2006 Series B Bonds
and the 2007 Bonds, the Agency may issue or incur Refunding Debt in such principal amount as shall be
determined by the Agency so long as the conditions set forth above under 2007 Bonds Additional
Subordinate Debt in subsections (a), (c) and (e) above are met, and the Agency delivers to the Trustee a
Certificate of the Agency certifying that such conditions precedent to the issuance of such Refunding Debt
set forth in subsections (a), (c) and (e) above have been met and such Refunding Debt is otherwise in
accordance with the definition of Refunding Debt. "Refunding Debt" is defined in the Indentures to mean
any loan, bond, note, advance or indebtedness the proceeds thereof are used to refund all or a portion of any
Senior or Additional Subordinate Debt (as applicable) (and to pay costs of issuance of and fund a reserve
account for such Refunding Debt), and the debt service due on such Refunding Debt with respect to a Tax
Increment Calculation Year in which the Refunding Debt is (lutstanding is not greater than the debt service
due with respect to such Tax Increment Calculation Year on the portion of the Senior Debt or Subordinate
Additional Debt refunded with the proceeds of such Refunding Debt.
Additional Parity Senior Debt
Pursuant to the Senior Indenture, in addition to the Senior Debt currently outstanding, the Agency
may issue or incur parity debt payable from Tax Increment Revenues on a parity, with such principal amount
as will be determined by the Agency. The Agency may issue or incur any such parity Senior Debt subject
to the following specific conditions:
(a) No Event of Default, as defined in the Senior Indenture, shall have occurred and be
continuing, and the Agency shall otherwise be in compliance with all covenants set forth in the
Senior Indenture.
20
(b) Subject to paragraph (d) below, the Tax Increment Revenues for the then current Fiscal
Year (based on the assessed valuation of property in the Project Area as evidenced in a written
document from an appropriate official of the County) plus, at the option of the Agency, the
Additional Allowance shall be at least equal to one hundred thirty percent ( 130%) of the Maximum
Annual Debt Service on the Bonds (other than the 2006 Series B Bonds and the 2007 Bonds and any
Additional Subordinate Debt) and such new Senior Debt.
(c) Subject to paragraph (d) below, the issuance of such Senior Debt shall not cause the
Agency to exceed any applicable Plan Limitations (as defined in the Indentures). Without limiting
the generality of the foregoing, the Agency shall not issue or execute and deliver any Senior Debt
in the event and to the extent that either (i) the sum of the aggregate amount of debt service on all
outstanding obligations ofthe Agency payable from Tax Increment Revenues, including such Senior
Debt, exceeds the aggregate amount of Tax Increment Revenues which are eligible to be allocated
and paid to the Agency while such obligations remain outstanding or (ii) the aggregate principal
amount of all outstanding obligations of the Agency, including such Senior Debt, exceeds any
applicable limit in the Redevelopment Plan on the aggregate principal amount of indebtedness which
the Agency is permitted to have outstanding at anyone time.
(d) In computing the Maximum Annual Debt Service on any 2007 Bonds and Senior Debt
for purposes of paragraph (b) above, and the debt service for purposes of paragraph (c) above, if
interest on any Bonds (other than the 2006 Series B Bonds, the 2007 Bonds or Additional
Subordinate Debt) is payable at a variable rate or is otherwise incapable of determination, (A) if the
Agency has entered into a variable to fixed swap arrangement with respect to such Bonds (other than
the Senior Debt or any Additional Subordinate Debt) the term of which extends for the term of such
Bonds (other than the Senior Debt or Additional Subordinate Debt) and payments by the
counterparty on the swap arrangement are guaranteed or insured by an entity whose unsecured debt
obligations are rated in the highest rating category by Moody's and S&P, the maximum annual debt
service due by the Agency under the swap arrangement shall be used rather than the maximum
annual debt service on such Bonds (other than the 2006 Series B Bonds, the 2007 Bonds and any
Additional Subordinate Debt), or (B) the Bonds (other than the 2007 Bonds and any Additional
Subordinate Debt) shall be assumed to bear interest at a fixed rate equal to the average of the daily
interest rate on such Bonds (other than the 2007 Bonds and any Additional Subordinate Debt) during
the three-year period preceding the first day of the month in which the determination is made (and,
if such Bonds (other than the 2006 Series B Bonds, the 2007 Bonds and any Additional Subordinate
Debt) have not been outstanding for the entire three-year period, for the portion of such time period
such Bonds (other than the 2007 Bonds and any Additional Subordinate Debt) were not outstanding,
the interest rate on a debt instrument of similar credit quality and maturity as determined by an
Independent Redevelopment Consultant).
(e) The related Senior Debt Instrument shall provide that:
(i) Interest on such Senior Debt shall be payable on February 1 and August 1 in
each year in which interest is payable on such Senior Debt except the first twelve-month
period, during which interest may be payable on February 1 or August 1 and provided that
(A) there shall be no requirement that such Senior Debt pay interest on a current basis and
(B) the interest rate on all Senior Debt shall be fixed for the term of the Senior Debt;
(ii) The principal of such Senior Debt shall be payable on August 1 in any year in
which principal is payable on such Senior Debt; and
(iii) Money (and/or a (lualified Reserve Account Credit Instrument) shall be
deposited in a subaccount of the Reserve Account created for such Senior Debt in an amount
equal to the applicable Reserve Requirement for such Senior Debt.
(f) The Agency shall deliver to the Trustee a Certificate of the Agency certifying that the
conditions precedent to the issuance of such Senior Debt set forth in subsections (a), (b), (c) and (e)
above have been satisfied.
See "APPENDLX A - SUMMARY OF CERTAIN PROVISIONS OF THE SUBORDINATE
INDENTURE - (lther Covenants of the Agency - Limitation on Superior Debt."
21
RISK FACTORS
The following information should be considered by prospective investors in evaluating the 200ry
Bonds. However, the following does not purport to be an exhaustive listing of risks and other considerations
which may be relevant to investing in the 200ry Bonds. ]n addition, the order in which the following
information is presented is not intended to reflect the relative importance of any such risks.
2007 Bonds Are Limited Obligations and Not General Obligations
The 2007 Bonds and the interest thereon are limited obligations of the Agency and do not constitute
a general obligation of the Agency. See "SECURITY F< lR THE 2007 B( lNDS" herein. No (lwner of the
2007 Bonds may compel exercise of the taxing power of the State or any of its political subdivisions or
agencies to pay the principal of or premium, if any, or interest due on the 2007 Bonds.
Tax Increment Revenues
The Tax Increment Revenues allocated to the Agency, which constitute the primary security for the
2007 Bonds, are determined by the incremental assessed value of taxable property in the Project Area, the
current rate or rates at which property in the Project Area is taxed and the percentage of taxes collected in
the Project Area. Several types of events which are beyond the control of the Agency could occur and cause
a reduction in available Tax Increment Revenues. A reduction of taxable assessed values of property in the
Project Area caused by economic or other factors beyond the Agency's control could occur (such as
successful appeals by the property owner for a reduction in a property's assessed value, a reduction of the
general inflationary rate, a reduction in transfers of property, construction activity or other events that permit
reassessment of property at lower values, or the destruction of property caused by natural or other disasters),
and have occurred in recent years, thereby causing a reduction in Tax Increment Revenues. Such a reduction
in Tax Increment Revenues could have an adverse impact on the Agency's ability to make timely payment
of principal of and interest on the 2007 Bonds.
As described in greater detail under "LIMITATIONS ON T~X INCREMENT REVENUES -
Property Tax Rate Limitations - Article XIIIA," Article XIIIA of the California Constitution provides that
the full cash value base of real property used in determining taxable value may be adjusted from year to year
to reflect the inflation rate, not to exceed a two percent (20'0) increase for any given year; or may be reduced
to reflect a reduction in the consumer price index, comparable local data or any reduction in the event of
declining property value caused by damage, destruction or other factors (as described above). Such measure
is computed on a calendar year basis. Any resulting reduction in the full cash value over the term of the 2007
Bonds could reduce Tax Increment Revenues securing the 2007 Bonds. See "LIMITATIONS ON T~X
INCREMENT REVENUES - Property Tax Rate Limitations - Article XIII~"
Historically, some property owners within the Project Area have appealed for reductions in the
assessed value of their properties. Reductions in the assessed value of the secured property in the Project
Area in recent years, as shown in the summaries of historical assessed valuation set forth herein can be
attributed in part to such appeals and reductions in property values generally. Tax Increment Revenues may
be reduced from current levels as a result of such appeals and reductions in property values generally. See
"THE REDEVEL< lPMENT PLAN - Appeals of Assessed Values" herein.
In addition to the other existing limitations on Tax Increment Revenues described below under
"LIMIT ATH lNS (lNT ~XINCREMENTREVENUES,"the California electorate or Legislature could adopt
a constitutional or legislative property tax decrease with the effect of reducing Tax Increment Revenues
payable to the Agency. There is no assurance that the California electorate or Legislature will not at some
future time approve additional limitations that could reduce the Tax Increment Revenues and adversely affect
the security of the 2007 Bonds.
The Agency has no power to levy and collect property taxes. Although the County currently
administers its property tax collection/disbursement system such that redevelopment agencies get 100% of
what is due as of the beginning of the fiscal year, any substantial delinquencies in the payment of property
taxes by property owners in the Project Area could have an adverse effect on the Agency's ability to make
timely debt service payments on the 2007 Bonds. Tax Increment Revenues allocated to the Agency are
distributed throughout the year in installments, with the first installment distributed in November and the last
installment distributed in August of the succeeding fiscal year. The payments are adjusted to reflect actual
22
collections. See "LIMITATIONS ON T~X INCREMENT REVENUES - Property Tax Collection
Procedure" herein.
Estimated Tax Increment Revenues
The Agency has projected future Tax Increment Revenues. The Agency believes these assumptions
to be reasonable, but to the extent the assessed valuation, the tax rates or the percentage of taxes collected
are less than the Agency's assumptions, the Tax Increment Revenues available to pay debt service on the
2007 Bonds would be reduced. See "C( lVERAGE ANALYSIS" herein.
No representations are being made as to the future Tax Increment Revenues, or as to whether the
estimated Tax Increment Revenues as shown under the heading "C( lVERAGE ANAL YSIS"will be realized.
Educational Revenue Augmentation Fund; State Budget Uncertainties
The State budget for Fiscal Year 1993-94 transferred $2.6 billion to school districts from cities,
counties and other local govemments, including redevelopment agencies. As part of the budget's transfer
of moneys to school districts, the State Legislature required redevelopment agencies to transfer
approximately $65 million to the Educational Revenue Augmentation Fund in both Fiscal Years 1993-94 and
1994-95. From 1994 through 2001-02, state budgets were adopted with no additional shifting of tax
increment increases from redevelopment agencies. Commencing in 2002, legislation has been enacted
requiring statewide shift of$75 million for Fiscal Year 2002-03, $135 million for Fiscal Year 2003-04, $250
million for Fiscal Year 2004-05 and $250 million for Fiscal Year 2005-06. The amount of payments by the
Agency was $253,618 with respect to Fiscal Year 2002-03, $445,334 with respect to Fiscal Year 2003-04,
$769,553 with respect to Fiscal Year 2004-05 and $745,277 with respect to Fiscal Year 2005-06. There was
no shift required for Fiscal Year 2006-07 or Fiscal Year 2007-08. There can be no assurance that the State
Legislature will not require similar or increased deposits in future years to deal with budget deficits.
Economic Concentration
A significant portion of the Proj ect Area assessed value is related to commercial and industrial
property. Consequently, property values in the Project Area are strongly influenced by the vitality of the
regional economy and the resulting demand for commercial and industrial space. To the extent that the
County economy were to decline, resulting in diminished demand for commercial and industrial space, such
a decline could negatively impact the Project Area's assessed values and the receipt of Tax Increment
Revenues.
Concentration of Ownership
The largest property taxpayer in the Project Area accounts for approximately 16.34% of the
incremental assessed value of the Project Area, and the ten largest property taxpayers account for
approximately 43.54% of incremental assessed value in the Project Area. The largest property taxpayer is
expected to undergo an expansion, which will increase its percent of total assessed value. Concentration of
ownership presents a risk in that if one or more of the largest property owners were to default on their taxes
or were to successfully appeal the tax assessments on property within the Project Area, a substantial decline
in Tax Increment Revenues would result. The largest property owners and their ability to pay property taxes
could be adversely affected by various factors such as recession or a decline in the value of real estate. As
of September I, 2007, the County's records indicate that property taxes for the ten largest assessees are
current through the second instalhnent of Fiscal Year 2006-07. Four of the ten largest property taxpayers
filed assessment appeals that are currently pending. See "THE REDEVEL< lPMENT PLAN - Assessed
Valuation" and "APPENDIX B - FISCAL CONSULTANT'S REPORT - IV - Tax Allocation and
Disbursement - F. - Assessment Appeals" herein.
Future Land Use Regulations and Growth Control Initiatives
In the past, citizens of a number oflocal communities in Southern California have placed measures
on the ballot designed to limit the issuance of building permits or impose other restrictions to control the rate
offuture growth in those areas. It is possible that future initiatives could be enacted, could be applicable to
the City and have a negative impact on the ability of developers in the Project Area to complete any existing
or proposed development. Bondowners should assume that any event that significantly affects the ability
23
to develop land in the City could cause the land values within the Project Area to decrease substantially and
could affect the willingness and ability of the owners ofland within the Project Area to pay property taxes
when due.
There can be no assurance that land development within the City will not be adversely affected by
future governmental policies, including but not limited to, government policies to restrict or control
development. Under current State law, it is generally accepted that proposed development is not exempt
from future land use regnlations until building permits have been issued and substantial work has been
performed and substantial liabilities have been incurred in good faith reliance on the permits prior to the
adoption of such regnlations.
County Payment of Tax Increment Revenues
Pursuant to its administrative practice, the County provides the Agency with full tax and assessment
levies instead of actual tax and assessment collections. Thus, the County's payments may help protect
(lwners of the 2007 Bonds from the risk of delinquencies in the payment of ad valorem taxes. However, if
the County were to change such payment procedures, such a change with respect to the Agency would
eliminate such protection from delinquent ad valorem taxes. See "SECURITY F< lR THE 2007 B( lNDS -
County Payment of Tax Increment."
Seismic Factors and Flooding
The occurrence of severe seismic activity and/or flooding in the Project Area could result in
substantial damage to property located in the Project Area, and could lead to successful appeals for reduction
of assessed values of such property. Such a reduction could result in a decrease in Tax Increment Revenue
collected by the Agency. Portions of the Project Area are within the 100-year flood plain.
The Project Area is located in an active seismic region. The Elsinore, San Jacinto, Wildomar and
San Andreas Fault Zones are all in the vicinity of the City. The proximity to these faults makes the Project
Area subject to the hazards associated with ground shaking and soil instability.
Hazardous Substances
An environmental condition that may result in the reduction in the assessed value of parcels would
be the discovery of a hazardous substance that would limit the beneficial use of a property within the Project
Area. In general, the owners and operators of a property may be required by law to remedy conditions of the
property relating to releases or threatened releases of hazardous substances. The owner may be required to
remedy a hazardous substance condition of property whether or not the owner or operator has anything to
do with creating or handling the hazardous substance. The effect, therefore, should any of the property
within the Project Area be affected by a hazardous substance would be to reduce the marketability and value
of the property by the costs of remedying the condition.
No Acceleration on Default
In the event of default under the Subordinate Indenture, as a practical matter, Bond (lwners will be
limited to obtaining the moneys in the Reserve Account and enforcing the obligation of the Agency to repay
the 2007 Bonds on an annual basis to the extent of the Tax Increment Revenues. No real or personal property
in the Project Area is pledged to secure the 2007 Bonds and it is not anticipated that the Agency will have
available moneys sufficient to redeem all of the 2007 Bonds upon the occurrence of an event of default.
Loss of Tax Exem ption
In order to maintain the exclusion from gross income for federal income tax purposes of the interest
on the 2007 Bonds, the Agency has covenanted in the Subordinate Indenture to comply with the requirements
of the Internal Revenue Code of 1986, as amended, applicable to the 2007 Bonds. The interest on a series
of the 2007 Bonds could become includable in gross income for purposes of federal income taxation
retroactive to the date of issuance of the respective 2007 Bonds, as a result of acts or omissions of the
Agency in violation of covenants in the Subordinate Indenture. Should such an event oftaxability occur, the
2007 Bonds may not be subject to acceleration or redemption andno increase in interest rates will occur, and
24
the 2007 Bonds will remain (lutstanding until maturity or until redeemed under one of the redemption
provisions contained in the Subordinate Indenture. See "T ~X MATTERS" herein.
Future legislative proposals, if enacted into law, clarification of the Code or court decisions may
cause interest on the 2007 Bonds to be subject, directly or indirectly, to federal income taxation or to be
subject to or exempted from State income taxation, or otherwise prevent Beneficial (lwners from realizing
the full current benefit ofthe tax status of such interest. As one example, on May 21,2007, the United States
Supreme Court agreed to hear an appeal from a KentuckY' state court which ruled that the United States
Constitution prohibited the state from providing a tax exemption for interest on bonds issued by the state and
its political subdivisions but allowed taxing interest on obligations issued by other states and their political
subdivisions. The introduction or enactment of any such future legislative proposals, clarification of the
Code or court decisions may also affect the market price for, or marketability of, the 2007 Bonds.
Prospective purchasers of the 2007 Bonds should consult their own tax advisors regarding any pending or
proposed federal or state tax legislation, regulations or litigation, as to which Bond Counsel expresses no
opmlOn.
IRS Audit of Tax-Exempt Bond Issues
The Internal Revenue Service has initiated an expanded program for the auditing oftax-exempt bond
issues, including both random and targeted audits. It is possible that the 2007 Bonds will be selected for
audit by the Internal Revenue Service. It is also possible that the market value of the 2007 Bonds might be
affected as a result of such an audit of the 2007 Bonds (or by an audit of similar bonds).
Assumptions and Projections
Any reduction in Tax Increment Revenues, whether for any of the foregoing reasons or any other
reason, could have an adverse effect on the Agency's ability to make timely payments of principal of,
premium, if any, and interest on the 2007 Bonds, which are secured by such Tax Increment Revenues. To
estimate the total Tax Increment Revenues available to pay debt service on the 2007 Bonds, the Agency has
made certain assumptions with regard to the assessed valuation in the Project Area and estimated increase
in assessed valuation. See "COVERAGE ANAL YSIS"for a discussion of the assumptions underlying the
projections set forth herein with respect to Tax Increment Revenues. The Agency believes these assumptions
to be reasonable, but to the extent that the assessed valuations and the change in assessed valuation differ
from the Agency's assumptions, the total Tax Increment Revenues available will, in all likelihood, be
different than those projected herein. See "0 lVERAGE ANALYSIS" herein.
SPECIAL RISK CONSIDERATIONS SPECIFIC TO THE 2007 BONDS
In addition to the risks described under the heading "RISK FACT< lRS," there are several additional
risks that are relevant to an investment in the 2007 Bonds. The 200ry Bonds are subordinate in right of
payment to the Senior Debt. The 2007 Bonds are not rated and are not insured. For this reason, investments
in the 2007 Bonds involve a higher degree of risk and are not appropriate for all investors.
Subordination of2007 Bonds; Issuance of Additional Senior Debt
The 2007 Bonds are subordinate to the Senior Debt in right of payment. Tax Increment Revenues
will be available to pay obligations on the 2007 Bonds only after all payments and deposits in respect of the
Senior Debt have been made as set forth herein and in the Subordinate Indenture. In the event of
delinquencies in the payment of ad valorem taxes which exceed the expected amount of debt service
coverage from the Tax Increment Revenues, there may not be sufficient Tax Increment Revenues available
to pay interest or principal due on any or all of the 2007 Bonds then outstanding.
Limited Secondary Market
As stated herein, investment in the 2007 Bonds poses certain economic risks which may not be
appropriate for certain investors, and only persons with substantial financial resources who understand the
risk of investment in the 2007 Bonds should consider such investment. There can be no guarantee that there
will be a secondary market for purchase or sale of the 2007 Bonds or, if a secondary market exists, that the
25
2007 Bonds can or could be sold for any particular price. From time to time there may be no market for the
2007 Bonds, depending upon prevailing market conditions, the [mancial condition or market position of firms
who may make the secondary market, the financial condition and results of operations of the owners of
property located within the boundaries of the Project Area, and the extent of the development of property
within the Project Area.
No Ratings of 2007 Bonds
The 2007 Bonds are not rated by any rating agency, and the Agency does not presently intend to seek
any rating of the 2007 Bonds nor does the Agency anticipate that the 2007 Bonds would qualify for an
investment grade rating due to the structure and size of the 2007 Bonds.
LIMITATIONS ON TA.X INCREMENT REVENUES
Property Tax Collection Procedure
In California, property which is subject to ad valorem taxes is classified as "secured" or "unsecured."
The secured classification includes property on which any property tax levied by the County becomes a lien
on that property. A tax levied on unsecured property does not become a lien against the unsecured property,
but may become a lien on certain other property owned by the taxpayer. Every tax which becomes a lien on
secured property has priority over all other liens on the secured property, regardless of the time of the
creation of other private liens.
Secured and unsecured property are entered on separate parts of the assessment roll maintained by
the county assessor. The method of collecting delinquent taxes is substantially different for the two
classifications of property. The taxing authority has four ways of collecting unsecured personal property
taxes: ( 1) a civil action against the taxpayer; (2) filing a certificate in the office of the county clerk specifying
certain facts in order to obtain a judgment lien on certain property of the taxpayer; (3) filing a certificate of
delinquency for record in the county recorder's office, in order to obtain a lien on certain property of the
taxpayer; and ( 4) seizure and sale of the personal property, improvement or possessory interests belonging
or assessed to the assessee. The exclusive means of enforcing the payment of delinquent taxes with respect
to property on the secured roll is the sale of property securing the taxes to the State for the amount of taxes
which are delinquent.
A ten percent ( 10%) penalty is added to delinquent taxes which have been levied with respect to
property on the secured roll. In addition, on or about June 30 of the fiscal year, property on the secured roll
on which taxes are delinquent is declared in default by operation oflaw and declaration of the tax collector.
Such property may thereafter be redeemed by payment of the delinquent taxes and a delinquency penalty,
plus a redemption penalty of one-and-a-half percent (1-1/2%) per month to the time of redemption. If taxes
are unpaid for a period of five years or more, the property is subject to sale by the County tax collector.
The valuation of property is determined as of the January 1 lien date as equalized in August of each
year and equal instalhnents of taxes levied upon secured property become delinquent on the following
December 10 and April 10. Taxes on unsecured property are due January 1 and become delinquent
August 31.
Supplemental Assessments
A bill enacted in 1983, SB 813 (Statutes of 1983, Chapter 498), provides for the supplemental
assessment and taxation of property upon the occurrence of a change in ownership or completion of new
construction. Previously, statutes enabled the assessment of such changes only as of the next January 1 tax
lien date following the change and thus delayed the realization of increased property taxes from the new
assessments for up to 14 months. As enacted, Chapter 498 provides increased revenue to redevelopment
agencies to the extent that supplemental assessments of new construction or changes of ownership occur
within the boundaries of redevelopment projects subsequent to the January 1 lien date. To the extent such
supplemental assessments occur within the Project Area, Agency revenues may increase.
26
Tax Collector Fees
SB 2557 (Statutes of 1990, Chapter 466) authorizes county auditors to determine property tax
administration costs proportionately attributable to local jurisdictions and to submit invoices to the
jurisdictions for such costs. An estimated amount of such costs have been excluded in determining the Tax
Increment Revenues which are pledged to repay the 2007 Bonds.
Unitary Property
AB 454 (Statutes of 1987, Chapter 921) modifies the distribution of tax revenues derived from
property assessed by the State Board of Equalization. Chapter 921 provides for the consolidation of all State-
assessed property, except for non-operating, non-unitary and regulated railroad property, into a single tax
rate area in each county. Chapter 921 further provides for a new method of establishing tax rates on State-
assessed property and distribution of property tax revenues derived from State-assessed property to taxing
jurisdictions within each county in accordance with a new formula. Railroads will continue to be assessed
and revenues allocated to all tax rate areas where railroad property is sited. Chapter 921 provides
redevelopment agencies with their appropriate share of revenue generated from the property assessed by the
State Board of Equalization.
Property Tax Rate Limitations - Article XIIIA
California voters, on June 6, 1978, approved an amendment (commonly known as Proposition 13)
to the State Constitution. This amendment, which added Article XIIIA to the State Constitution, among other
things affects the valuation of real property for the purpose of taxation in that it defines the full cash property
value to mean "the county assessor's valuation of real property as shown on the 1975-76 tax bill under 'full
cash value,' or thereafter, the appraised value of real property when purchased, newly constructed, or a
change in ownership has occurred after the 1975 assessment." The full cash value may be adjusted annually
to reflect inflation at a rate not to exceed two percent (2%) per year, a reduction in the consumer price index
or comparable local data, or declining property value caused by damage, destruction or other factors
including a general economic downturn. The amendment further limits the amount of any ad valorem tax
on real property to one percent (1 %) of the full cash value except that additional taxes may be levied to pay
debt service on indebtedness approved by the voters prior to July 1, 1978, and bonded indebtedness for the
acquisition or improvement of real property approved on or after July 1, 1978 by two-thirds of the votes cast
by the voters voting on the proposition.
In the general election held November 4, 1986, voters of the State of California approved two
measures, Propositions 58 and 60, which further amend Article XIIIA. Proposition 58 amends Article XIIIA
to provide that the terms "purchased" and "change of ownership,"for purposes of determining full cash value
of property under Article XIIIA, do not include the purchase or transfer of (1) real property between spouses
and (2) the principal residence and the first $1,000,000 of other property between parents and children.
Proposition 60 amends Article XIIIA to permit the State Legislature to allow persons over age 55
who sell their residence to buy or build another of equal or lesser value within two years in the same county,
to transfer the old residence's assessed value to the new residence. Pursuant to Proposition 60, the State
Legislature has enacted legislation permitting counties to implement the provisions of Proposition 60.
Challenges to Article XllL4. ()n September 22, 1978, the California Supreme Court upheld the
amendment over challenges on several state and federal constitutional grounds (Amador Valley Joint r In ion
High School District v. State Board of Equalization). The California Supreme Court reserved certain
constitutional issues and the validity of legislation implementing the amendment for future determination
in proper cases. Since 1978, several cases have been decided interpreting various provisions of
Article XIIIA; however, none of them have questioned the ability of redevelopment agencies to use tax
allocation financing. The United States Supreme Court upheld the validity of the assessment procedures of
Article XIIIA in Nordlinger v. Hahn.
The Agency cannot predict whether there will be any future challenges to California's present system
of property tax assessment and cannot evaluate the ultimate effect on the Agency's receipt of Tax Increment
Revenues should a future decision hold unconstitutional the method of assessing property.
27
Implementing Legislation. Legislation enacted by the State Legislature to implement Article XIIIA
provides that all taxable property is shown at full assessed value as described above. In conformity with this
procedure, all taxable property value included in this ()fficial Statement (except as noted) is shown at 100
percent of assessed value and all general tax rates reflect the $1 per $100 of taxable value. Tax rates for
voter approved bonded indebtedness and pension liability are also applied to 100 percent of assessed value.
Future assessed valuation growth allowed under Article XIIIA (new construction, change of
ownership, two percent (2%) annual value growth) will be allocated on the basis of "situs" among the
jurisdictions that serve the tax rate area within which the growth occurs, except for certain utility property
assessed by the State Board of Equalization. Local agencies and school districts will share the growth of
"base" revenue from the tax rate area. Each year's growth allocation becomes part of each agency's
allocation the following year. The Agency is unable to predict the nature or magnitude of future revenue
sources which may be provided by the State of California to replace lost property tax revenues. Article XIIIA
effectively prohibits the levying of any other ad valorem property tax above the one percent (1%) limit
except for taxes to support indebtedness approved by the voters as described above.
Article XIIIB of the California Constitution
()n November 6, 1979, California voters approved Proposition 4 which added Article XIIIB to the
State Constitution, subsequently amended several times. The principal effect of Article XIIIB is to limit the
annual appropriations of the State and any city, county, school district, authority or other political subdivision
of the State to the level of appropriations for the prior fiscal year, as adjusted for changes in the cost of
living, population and services rendered by the government entity. The base years for establishing such
appropriation limit is Fiscal Year 1986-87 and the limit is to be adjusted annually to reflect changes in
population, cost of living and certain increases in the cost of services provided by these public agencies.
Appropriations subject to Article XIIIB include generally the proceeds of taxes levied by the State
or other entity oflocal government, exclusive of certain State subventions, refunds oftaxes, benefit payments
from retirement, unemployment insurance and disability insurance funds.
Effective September 30, 1980, the California Legislature added Section 33678 to the Health and
Safety Code which provides that the allocation of taxes to a redevelopment agency for the purpose of paying
principal of, or interest on, loans, advances, or indebtedness will not be deemed the receipt by the agency
of proceeds of taxes levied by or on behalf of the agency within the meaning of Article XIIIB or any statutory
provision enacted in implementation thereof. The constitutionality of Section 33678 has been upheld by the
Second and Fourth District Court of Appeals in two decisions: Bell RedevelopmentAgency v. FVoose!.vand
Brown v. Redevelopment Agency of the City of Santa Ana, which cases were not accepted for review by the
California Supreme Court.
Pass- Through Agreements; Other Contractual Obligations
Pass- Through Agreements. Pursuant to Section 3340 l(b) of the Redevelopment Law (as in effect
prior to January 1, 1994), a redevelopment agency was authorized to enter into an agreement to pay tax
increment revenues to any taxing agency that has territory located within a redevelopment project in an
amount which in the agency's determination is appropriate to alleviate any financial burden or detriment
caused by the redevelopment project. These agreements normally provide for a pass-through of tax
increment revenue directly to the affected taxing agency, and, therefore, are commonly referred to as "pass-
through" or "fiscal" agreements.
As discussed earlier, the County originally adopted the Project Area. At the time of adoption, the
County entered into a number of pass-through agreements (collectively, the "Pass-Through Agreements").
All of these agreements with school districts called for the districts to receive 29.62% of their shares of
general levy tax increment revenue. All non-school district Pass-Through Agreements called for the taxing
entities to receive 100% of their general levy tax increment revenue. These Pass-Through Agreements
became obligations of the Agency at the time that the Project Area was adopted by the Agency. These
agreements have a lien on Tax Increment Revenues that is superior to the lien for debt service on the 2007
Bonds. The agreements are summarized in the table below:
28
Taxing Entity
County of Riverside
County Library Department
County Structural Fire Department
Temecula Public Cemetery District
Eastern Municipal Water District
Riverside County Flood Control District
Rancho California Water District
Temecula Valley Unified School District
Mt. San Jacinto Community College District
Riverside County Superintendent of Schools
I % Share
18.12%
2.18%
4.70%
0.390'0
9.84%
1.71%
5.67%
30.7%
3.540'0
10.22%
Pass-Through Share
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
29.62%
29.62%
29.62%
At the time the Agency adopted the Project Area Redevelopment Plan, it entered into an agreement
with the County on May 21, 1991. This agreement called for tax-sharing payments to be made to the County
General Fund, the County Structural Fire Department and the County Library Department. It also provided
for a partial deferral of the payments to the County General Fund. The Agency and the County entered into
an amended and restated County Pass-Through Agreement dated January 22, 2002.
The new agreement calls for the Agency to make tax-sharing payments to the County General Fund,
Structural Fire Department and Library Department from general levy tax increment revenues net of the SB
2557 Administrative Fee. The General Fund share is 18.12%, the County Structural Fire Department share
is 4.70% and the County Library Department share is 2.18%. In addition to the tax-sharing payments, the
agreement specified that the Agency pay the County a total of$6 million from the proceeds of the Agency's
2002 Bonds as repayment of the County tax-sharing payments deferred under the May 21, 1991 agreement.
The $6 million was paid to the County in July 2002. The Agency further agreed to contribute $5 million
toward the acquisition of right-of-way for a project referred to as the Date/Cherry Interchange. According
to the Agency, funding for this improvement was provided from sources other than Tax Increment Revenues
and other than proceeds of the Bonds.
Under the County Pass-Through Agreement, the Auditor Controller is responsible for calculating
the amount of the tax-sharing payments and allocating these payments to the various taxing entities. The
County Pass-Through Agreement does not provide for subordination of the tax-sharing payments to the
County, Structural Fire Department or Library Department to debt service on the 2007 Bonds.
To the extent that the Tax Increment Revenues remaining after satisfaction of the Agency's
obligations under thePass- ThroughAgreements described above are not sulf/cientto pay the scheduled debt
service on the 200ry Bonds, there could be a deflmlt in the payment of debt service on the 200ry Bonds.
Owner Participation Agreements. The Agency has entered into three Owner Participation
Agreements two of which call for payments to be made to the Owner Participants. The first agreement
between the Agency and International Rectifier Corporation ("International Rectifier"), was entered into on
December 9, 1997 and amended on December 15, 1998. Pursuant to the agreement, the Agency notified
International Rectifier on April 23, 2002, that the agreement was terminated. International Rectifier never
satisfied the requirements of the agreement and no payments were ever made by the Agency pursuant to the
agreement.
The second agreement between the Agency and Advanced Cardiovascular Systems, Inc. (the
"Participant") was entered into on February 12, 2002. Under the terms of this agreement, the Participant
agrees to add not less than 90,000 square feet of gross building area to its present facilities and to add not
less than 150 new full time jobs. The Participant further agrees to add another 150 new full time jobs within
five years of the issuance of the certificate of occupancy on the Phase I improvements. The Participant also
agrees that within five years of the issuance of a certificate of occupancy for the Phase I improvements, it
will receive a certificate of occupancy for at least 90,000 additional square feet of building area.
Alternatively, the agreement specifies that the Participant may increase the size ofthe Phase I improvements
to at least 135,000 and the requirement of a second phase of improvements will be deemed satisfied. The
29
Participant has been issued permits to build an office building totaling more than 383,000 square feet and
to build the parking structure.
Upon completion of the prerequisites set forth in the agreement, the Agency agrees to remit to the
Participant 50% of the net tax increment revenue derived from the increase in assessed value that results from
development of Phases I and II. Net tax increment is defined in the agreement as being the total tax
increment received by the Agency from Phases I and II less 20% for housing set-aside and amounts required
by existing tax sharing agreements. The office and manufacturing buildings of Phase I are presently under
construction as is a three-story parking garage. Based on the estimated assessed value of the structures under
construction and assuming that the Participant will meet the requirements of the agreement, the Fiscal
Consultant has estimated the amount of tax revenue that will be paid to the Participant.
The Agreement makes no pledge of any funds of the Agency or the City, and in particular there is
no pledge of Tax Increment Revenues or pledge of the City's general fund. The payments made by the
Agency pursuant to the agreement will, therefore, be subordinate to the pledge of tax revenues to payment
of debt service on the 2007 Bonds. The scope of the development is such that these improvements may cause
the Project Area to reach its tax increment limit earlier than anticipated in the projection.
The third agreement among the Agency, Temecula Towne Center Associates, L.P. ("Temecula
Towne Center Associates"), a California limited partuership, and F.C. Temecula, Inc. ("F.C. Temecula,
Inc."), a California corporation, was dated as of July 24, 2007. No payments of Tax Increment Revenues will
be made to the Owner Participant. Under the terms of the Agreement, F.C. Temecula, Inc. agrees to
construct the East Parking Facility with a minimum of 936 parking spaces. The East Parking Facility will
be constructed adjacent to the Edwards Cinemas and available to the public patronizing nearby businesses.
After the 30 year term of a ground lease between the Agency and F.C. Temecula, Inc., the ownership of the
East Parking Facility shall revert to F.C. Temecula, Inc. The cost of construction and the value of the East
Parking Facility is estimated to be at least $22 million. The Agency agrees to purchase the East Parking
Facility for $11 million and anticipates paying such amount with a portion ofthe proceeds ofthe 2007 Bonds.
$7 million shall be payable to F.C. Temecula, Inc. or its designee on the date when certain conditions are
satisfied, including F.C. Temecula, Inc. providing evidence that it has expended at least $11 million toward
construction of the East Parking Facility and the permanent certificate of occupancy for the Mall Expansion
is issued by the City; provided funds will only be due to F.C. Temecula, Inc. to the extent such amount is
available to be released from the Escrow Fund. $4 million of the purchase price shall not be available for
release until approval of the enhancement plan for the Ring Road at which time $2 million shall become
available for release upon satisfaction of the other terms for payment and the balance of $2 million shall
become available for release upon satisfactory completion of the Ring Road improvements. (Jther conditions
relating to the release of funds from the Escrow Fund are set forth in the section captions "ESTIMATED
SOURCES AND USES OF FUNDS -Escrow Fund." The release of funds to F.C. Temecula, Inc. could
occur at a time different than the time at which moneys are released from the Escrow Fund. In addition, as
a part of this agreement, Temecula Towne Center Associates agrees to complete certain road improvements
benefitting the Mall and surrounding properties. Temecula Towne Center Associates will manage the East
Parking Facility under a parking management agreement and will assume all responsibilities for maintenance,
insurance and liability.
Exclusion of Tax Increment Revenues for General Obligation 2007 Bonds Debt Service
An initiative to amend the California Constitution entitled "Property Tax Increment Revenues
Redevelopment Agencies" was approved by California voters at the November 8, 1988 general election.
Under prior law, a redevelopment agency using tax increment revenue received additional property tax
revenue whenever a local government increased its property tax rate to payoff its general obligation bonds.
This initiative amended the California Constitution to allow the California Legislature to prohibit
redevelopment agencies from receiving any of the property tax revenues raised by increased property tax
rates imposed by local governments to make payments on their bonded indebtedness. The initiative only
applies to tax rates levied to finance general obligation bonds approved by the voters on or after January 1,
1989. Any revenue reduction to redevelopment agencies would depend on the number and value of the
general obligation bonds approved by voters in prior years, which tax rate will reduce due to increased
valuation subject to the tax or the retirement of the indebtedness.
30
Proposition 218
On November 5, 1996, California voters approved Proposition 218 - Voter Approval for Local
Government Taxes - Limitation on Fees, Assessments, and Charges - Initiative Constitutional Amendment.
Proposition 218 added Articles XIIIC and XIIID to the California Constitution, imposing certain vote
requirements and other limitations on the imposition of new or increased taxes, assessments and property-
related fees and charges. Tax Increment Revenues securing the 2007 Bonds are derived from property taxes
which are outside the scope of taxes, assessments and property-related fees and charges which were limited
by Proposition 218.
Future Initiatives or Legislation
Article XIIIA, Article XIIIB and certain other propositions affecting property tax levies were each
adopted as measures which qualified for the ballot pursuant to California's initiative process and legislation
described above was adopted by the California Legislature. From time to time other initiative measures or
legislation could be adopted, further affecting Agency revenues or the Agency's ability to expend revenues.
The nature and impact of these measures cannot be anticipated by the Agency.
Low and Moderate Income Housing
Chapter 1337, Statutes of 1976, added Sections 33334.2 and 33334.3 to the Redevelopment Law
requiring redevelopment agencies to set-aside 20% of all tax increment derived from redevelopment project
areas adopted after December 31, 1976 in a low and moderate income housing fund. This low and moderate
income housing requirement could be reduced or eliminated if a redevelopment agency finds that: (a) no need
exists in the community to improve or increase the supply of low and moderate income housing; (b) that
some stated percentage less than 20% of the tax increment is sufficient to meet the housing need; and (c) any
increase in revenue above two percent would be allocated in the same proportion as the taxing entity's local
secured taxable values are to the local secured taxable values of the County (the low and moderate income
housing requirement may not be reduced pursuant to finding in this third clause after June 30, 1993).
The Agency has historically, and intends to, annually set aside in its low and moderate income
housing fund 20% of the gross tax increment revenues allocated to the Agency with respect to the Project
Area. The Tax Increment Revenues do not include tax increment set aside pursuant to the Agency's 20%
low and moderate income housing set aside requirement.
Redevelopment Plan Limitations
The amended Redevelopment Plan contains various limitations on the Agency's ability to incur
indebtedness and to receive tax increment revenues. Pursuant to the Agency's Senate Bill 1096 Amendment,
the plan termination date is July 12, 2029, and the debt repayment date is July 12, 2039. The date of the
existing limit to incur debt is July 12, 2008. In addition, the City is a party to the 1991 Settlement Agreement
(as defined below) which imposes additional limitations on the Agency's ability to incur indebtedness and
to receive tax increment revenues. See "THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA - Agency Powers" and" - Limitations Under 1991 Settlement Agreement" below.
Senate Bill 211 was signed into law as of Chapter 741, Statutes of 2001. This legislation has two
main impacts on the limits contained in an agency's redevelopment plan. First, a city council may amend
the redevelopment plan to eliminate the time limit to establish indebtedness in project areas adopted prior
to January I, 1994 by ordinance. If the plan is so amended, existing tax sharing agreements will continue
and certain statutory tax sharing for entities without tax sharing agreements will commence in the year the
eliminated limit would have taken effect. Second, a city council may extend the time limit for plan
effectiveness and repayment of debt for up to ten years if its can make certain specified findings. The
Agency is considering an amendment to eliminate or extend the time limit for establishment of indebtedness.
31
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
Agency Members
On July 12, 1988, the County, prior to the incorporation of the City, adopted the "County of
Riverside Redevelopment Plan I - 1988" by Ordinance No. 658. On December I, 1989, the City was
incorporated. All of the area within the County Redevelopment Plan was included within the boundaries of
the City.
The Agency was established on April 27, 1991, by the City Council with the adoption oft lrdinance
No. 91-08 pursuantto the Redevelopment Law. The five members ofthe City Council serve as the governing
body of the Agency, and exercise all rights, powers, duties and privileges of the Agency. The persons
holding the positions of Chairperson and Vice Chairperson are subject to change each year.
The members of the governing body of the Agency are as follows:
Maryann Edwards, Chairperson
Michael S. Naggar, Vice Chairperson
Jeff Comerchero, Board Member
Ron Roberts, Board Member
Charles W. Washington, Board Member
Agency Administration
The Agency is administered by certain staff of the City. The City is a general law city and operates
according to the Council/Manager form of government. The City Manager is appointed by the City Council
to administer the City's staff and generally implement policies established by the City Council. Current City
staff assigned to administer the Agency include Shawn Nelson, City Manager of the City and Executive
Director of the Agency, Genie Roberts, Finance Director of the City and Treasurer of the Agency, John
Meyer, Redevelopment Director for the Agency, and Susan Jones, City Clerk and Secretary to the Agency.
The Agency has an arrangement with the City for financial assistance and services, facilities and
personnel support. As moneys become available, the Agency reimburses the City for all such services
performed in amounts equal to a portion of the gross salary and employee fringe benefits for certain City
employees utilized by the Agency plus other miscellaneous operating and equipment costs.
The Redevelopment Law requires redevelopment agencies to have an independent financial audit
conducted each year. The financial audit is also required to include an opinion of the Agency's compliance
with laws, regnlations and administrative requirements governing activities of the Agency. Diehl Evans &
Company, LLP, Irvine, California, audited the financial statements of the Agency for the fiscal year that
ended June 30, 2006, and rendered its financial opinion and compliance opinion with respect thereto, which
are included in Appendix C attached hereto.
The Agency has not requested nor did the Agency obtain permission from Diehl Evans & Company,
LLP, to include the audited financial statements as an appendix to this Official Statement. Accordingly,
Diehl Evans & Company, LLP, has not performed any post-audit review of the financial condition or
operations of the Agency.
Agency Powers
All powers of the Agency are vested in its governing body. Pursuant to the Redevelopment Law,
the Agency may exercise broad governmental functions and authority to accomplish its purposes, including,
but not limited to, the right of eminent domain, the right to issue bonds for authorized purposes and to expend
their proceeds, and the right to acquire, sell, rehabilitate, develop, administer or lease property. The Agency
may demolish buildings, clear land and cause to be constructed certain improvements, including streets,
sidewalks, and utilities.
32
The Agency may not construct or develop buildings, with the exception of public facilities and
housing, but must sell or lease cleared property for construction and development in accordance with the
Redevelopment Plan.
Limitations Under 1991 Settlement Agreement
Pursuant to a Settlement Agreement (the "1991 Settlement Agreement") entered on June 5, 1991,
in the Superior Court of the State ofCalifomia for the County, the Agency and the City, as amended in 1995,
various additional limitations are placed on the Redevelopment Plan, including that subject to certain
exceptions, no more than $150 million of tax increment revenues shall be allotted or paid to the Agency
during the term of the Redevelopment Plan (excluding the Housing Set-Aside amounts and certain other
amounts). Based on Agencyrecords, the Agency has received approximately $143,358,888 of Tax Increment
Revenues from its inception through 2006-07. The amount of revenue received by the Agency that is
applicable to the 1991 Settlement Agreement limitation is approximately $15,749,283. Based on the
projections included in the Fiscal Consultant Report and taking into account the interest costs of the Senior
(lbligations and the projected interest costs of the 2006 Series B Bonds and the 2007 Bonds, the Project Area
tax increment limit will not be exceeded prior to the expiration of the Project Area's ability to repay
indebtedness. If the rate of growth in assessed value exceeds that used in the projection, however, the tax
increment limit will be exceeded earlier. If the Agency determines to issue additional bonded debt in the
future exceeding the tax increment limit may be significantly delayed. The Project Area's average annual
growth in assessed value over the past 9 years had been 13.340'0. If the Project Area's assessed value
continues to grow at this same rate, the tax increment limit will be reached in Fiscal Year 2021-22. If the
assessed value grows by an average annual rate of five percent, the tax increment limit will be reached by
Fiscal Year 2030-31. The Agency has covenanted to annually engage an Independent Redevelopment
Consultant to calculate the total amount of Tax Increment Revenues remaining available to be received by
the Agency under the Plan Limitations, as well as future cumulative annual debt service requirements for the
Senior (lbligations (as defined in the Subordinate Indenture) and for the 2006 Series B Bonds and the 2007
Bonds. If any such calculation determines that the Tax Increment Revenues remaining available to the
Agency under the Plan Limitations after deductions for all amounts to be paid to satisfy all obligations owing
on the Senior (lbligations, will equal one hundred ten percent (110%) or less of the then unpaid principal of
the 2006 Series B Bonds and the 2007 Bonds and any Parity Subordinate Bonds, the Agency shall deposit
in escrow all Tax Increment Revenues thereafter received by the Agency not needed for purposes of the
Senior Indenture to be used for future debt service on, or to redeem or defease the 2006 Series B Bonds, the
2007 Bonds and/or any Additional Subordinate Debt. If Senior Debt or Additional Subordinate Debt is
issued, amounts relating to interest on such Senior Debt or Additional Subordinate Debt and amounts relating
to housing set-aside portion are not included in the 1991 Settlement Agreement limitation. See "THE
REDEVEL< lPMENT AGENCY (IF THE CITY (IF TEMECULA - Agency Powers."
Outstanding Indebtedness of the Agency
Certification of A"encv Indebtedness. Pursuant to Section 33675 of the Redevelopment Law, on or
before October 1 of each year an agency must file with the county auditor a statement of indebtedness
certified by the chief fiscal officer of the agency for each redevelopment project that receives tax increment.
The statement of indebtedness is required to contain the date on which any bonds were delivered, the
principal amount, term, purpose and interest rate of bonds and the outstanding balance and amount due on
bonds. Similar information must be given for each loan, advance or indebtedness that the agency has
incurred or entered into to be payable from tax increment. The Agency has complied with the requirements
of Section 33675 each year since its effective date.
Section 33675 also provides that the county auditor is limited in payment of tax increment to the
agency to the amounts shown on the agency's statement of indebtedness. The section further provides that
the statement of indebtedness is prima facie evidence of the indebtedness of the agency, but that the county
auditor may dispute the amount of indebtedness shown on the statement in certain cases. Provision is made
for time limits under which the dispute can be made by the county auditor as well as provisions for
determination by the Superior Court in a declaratory relief action ofthe proper disposition ofthe matter. The
issue in any such action must involve only the amount ofthe indebtedness and not the validity of any contract
or debt instrument, or any expenditures pursuant thereto. An exception is made for payments to a public
agency in connection with payments by such public agency pursuant to a bond issue which shall not be
disputed in any action under Section 33675.
33
(lutstandinQ: Indebtedness. The Agency issued $2,427,500 of Multifamily Housing Revenue Bonds
on April 25, 1996. The proceeds of the issuance were loaned to the Coachella Valley Housing Coalition (the
"Housing Coalition"), a California non-profit public benefit corporation, to enable the Housing Coalition to
acquire and rehabilitate a I 50-unit multi-family housing rental apartment development located in the City.
As of October 1,2007, $1,457,500 of the Multifamily Housing Revenue Bonds will remain outstanding.
This obligation is payable from amounts paid by the Housing Coalition and is not payable from Tax
Increment Revenues.
On July 17, 1998, the Agency borrowed $5,800,000 from Washington Mutual Bank, FA. The
proceeds were loaned to Temecula Gardens LP (the "Temecula Gardens"), a California limited partnership,
to assist Temecula Gardens in the acquisition of land and the acquisition and rehabilitation of an existing
multi-family housing rental project. As of October I, 2007, the outstanding loan balance will be
$5,260,920.07. The loan is not a general obligation ofthe Agency, and the City will in no way be responsible
for the repayment of the loan. This obligation is payable from amounts paid by Temecula Gardens and is
not payable from Tax Increment Revenues.
(lbliQ:ation to the Citv. In the first quarter of 1996, the City conveyed certain real property to the
Agency for use on a redevelopment project in exchange for a promissory note in the amount of $918,171.
As of October 1,2007, the outstanding amount of the note will be $1,821,358.19.
Pass-ThrouQ:h A!ITeements and Owner Particioation A~eements. See "LIMITATIONS ON TA.X
INCREMENT REVENUES - Pass-Through Agreements; Other Contractual Obligations" herein for a
description of the County Agreement and ( lther Pass-Through Agreements. The Agency is obligated under
such pass-through obligations and an owner participation agreement to contribute certain property tax
increment revenues otherwise allocable to the Agency in the amounts and for the purposes set forth in those
agreements or Redevelopment Law, as applicable. Property tax increments arising in the Project Area
required for payments by the Agency under certain of these agreements are not "Tax Increment Revenues"
for purposes of the Indentures, and are not available to pay debt service on the 2007 Bonds.
Investment of Agency Funds
The Agency may invest moneys not immediately required for operations in a manner consistent with
the City's investment policy (the "Investment Policy"). For a description of the types of investments in
which the Agency may invest, see "APPENDIX C TEMECULA REDEVELOPMENT AGENCY
COMPONENT UNIT FINANCIAL STATEMENTS FOR FISCAL YEAR ENDING JUNE 30, 2006
Note 2."
Controls, Land Use and Building Restrictions
All real property in the Project Area is subject to the controls and restrictions of the Redevelopment
Plan. The Redevelopment Plan provides that all new construction in the Project Area shall comply with all
applicable State and local laws in effect, including the various codes of the City. The Redevelopment Plan
specifies particular land use areas. The Agency may permit an existing but nonconforming use to continue
so long as the Agency determines that the use is generally compatible with other surrounding development
uses.
Within the limits, restrictions and controls established in the Redevelopment Plan, the Agency is
authorized to limit the number, type, size and height of buildings in the Project Area, and to establish design
criteria, traffic circulation, traffic access and other development and design controls necessary for property
development within the Project Area.
Under exceptional circumstances, the Agency is authorized to permit minor variations from the
limits, restrictions, and controls established by the Redevelopment Plan. However, no variation shall be
granted which changes a basic land use or which permits substantial departures from the Redevelopment
Plan's provisions. In permitting a variation, the Agency must impose such conditions as are necessary to
protect the public health, safety or welfare and to assure compliance with the objectives of the
Redevelopment Plan.
34
[INSERT ('( lL( lR MAP (IF THE PRe lJE(,T AREA HERE]
35
THE REDEVELOPMENT PLAN
Under the Redevelopment Law every redevelopment agency is required to adopt, by ordinance, a
redevelopment plan for each redevelopment project. A redevelopment plan is a legal document, the content
of which is largely prescribed in the Redevelopment Law rather than a "plan" in the customary sense of the
word.
The City Council of the City adopted Ordinance No. 91-11 on May 9, 1991, and Ordinance
No. 91-15 on April 9, 1991, approving the County Redevelopment Plan as the Temecula Redevelopment Plan
No. I (defined above as the "Redevelopment Plan") and transferring jurisdiction over the Redevelopment
Plan to the Agency. This transfer was effective July I, 1991. The Temecula Redevelopment Project No. I,
the area encompassed by the Redevelopment Plan (the "Project Area"), is primarily commercial and
industrial in nature. It is generally located along Interstate 15 from the City's northern border with the City
of Murrieta to the intersection of Highway 79 on the south. The Project Area encompasses approximately
1,635 acres. The Project Area includes the Promenade Mall site, (lid Town and industrial and business park
areas west of the freeway.
The Redevelopment Plan for the Project Area was adopted prior to January I, 1994. Chapter 942
specifies that a time limit on establishment of new debt be incorporated into the Redevelopment Plan and
that time limit shall be 20 years from the adoption of the Redevelopment Plan or January I, 2004, whichever
is later. The Redevelopment Plan was amended on December 20, 1994. Pursuant to the amended
Redevelopment Plan, the Agency cannot establish new debt after July 12, 2008, that is 20 years after the
adoption of the Redevelopment Plan.
In accordance with the amended Redevelopment Plan, taxes as defined in Section 33670 of the
Redevelopment Law shall not be divided and shall not be allocated to the Agency in excess of $1.11 billion
except by amendment of the Redevelopment Plan.
Pursuant to the 1991 Settlement Agreement, as amended in 1995, various additional limitations are
placed on the Redevelopment Plan, including that subject to certain exceptions, no more than $150 million
of tax increment revenues shall be allotted or paid to the Agency during the term of the Plan (excluding the
Housing Set-Aside amounts and certain other amounts). See "THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA - Limitations Under 1991 Settlement Agreement."
As amended by Ordinance No. 94-33, the Redevelopment Plan restricts the amount of bonded
indebtedness that may be outstanding at anyone time. The Agency may issue bonds and! or notes for any
of its authorized purposes. These bonds and!or notes may be secured with a pledge of tax increment
revenues. The total outstanding principal of any bonds so issued and repayable from tax increment revenues
shall not exceed $340 million at anyone time, except by amendment of the Redevelopment Plan.
As amended by Ordinance No. 06-11, adopted on September 26, 2006, the amended Redevelopment
Plan specifies that except for the non-discrimination and non-segregation provisions that continue in
perpetuity, the effectiveness of the Redevelopment Plan shall expire on July 12, 2029, that is forty-one years
from the adoption of the Redevelopment Plan. After expiration of the effectiveness of the Redevelopment
Plan, the Agency shall have no authority to act pursuant to the Redevelopment Plan except to pay previously
incurred indebtedness and to enforce existing covenants, contracts and other obligations. The Agency may
not receive additional tax increment revenue or pay indebtedness after July 12, 2039, except for such
purposes as specifically permitted under the Redevelopment Law.
Description of the Project Area
The Project Area includes approximately 1,635 acres ofland primarily located west ofInterstate 15
and partially straddling Interstate 15 along Winchester and Ynez Roads. The Project Area includes the Old
Town area of the City along Front Street.
Proceeds of the 2007 Bonds
Proceeds from the sale of the 2007 Bonds will be used to (i) finance redevelopment activities within
or of benefit to the Project Area, including establishing an escrow fund for such purposes, subject to release
36
upon satisfaction of certain conditions specified herein; (ii) to establish a Reserve Subaccount within the
Reserve Account under the Subordinate Indenture in satisfaction of the Reserve Requirement for the 2007
Bonds and (iii) provide for the costs of issuing the 2007 Bonds. See "ESTIMATED SOURCES AND USES
(IF FUNDS" herein.
Land Uses
Land use in the Project Area includes residential, commercial, industrial, recreational, institutional,
government and exempt uses. The following table represents the breakdown ofland use in the Project Area
by the number of parcels and by assessed value for Fiscal Year 2007-08. See "APPENDIX B - FISCAL
CONSULTANT'S REPORT."
TABLE 1
TEMECULA REDEVELOPMENT PROJECT NO.1
LAND USECl '
FISCAL YEAR 2007-08
Category
Residential
Commercial
Industrial
Recreational
Institutional
Government
Exempt
Vacant Land
Possessory Interest
Unsecureu
Totals:
No. Parcels
150
3R5
239
2
Assessed Value")
" of Total
7
3
163
124
7121
L5R3\21
L073
$52,91 U22
9611,614,3113
5211,973,11113
LRn,1I35
25,180,587
357,944
o
711,54R,R34
7,372,1122
415,771.729
$2,055,607,579
2.570/0
46.73'"
25.340'0
() ()90'o
1.220/0
0020/0
0000/0
343'"
().360'o
2().230'o
100000/0
,1, The category values and parcel counts are based on the use codes assigned by the County to parcels on the lien date
tax roll.
,2) The numbers reflect the number of property tax bills that are associated with these categories and not the number of
parcels to which these bills are connected.
\31 The lien uate values reporteu by the Amlitor -Controller uo not incluue tax roll adjustments that have occurreu after
the lien date.
Source: Fiscal Consultant's Report.
Development in the Project Area
The Redevelopment Plan provides for redevelopment within the Project Area. The Agency has
identified a number of projects that are currently under construction or have been recently completed and
are not yet reflected on the tax rolls. In addition, the Agency has identified several development projects that
are expected to begin construction within 2007. It is estimated that these projects will produce approximately
$45.4 million if new assessed value for Fiscal Year 2008-09, $72.3 million of new assessed value for Fiscal
Year 2009-10 and $78.5 million of new assessed value for Fiscal Year 2010-11. These new developments
include hotels, office, retail and commercial buildings in addition to the development and expansion of the
Advanced Cardiovascular Systems campus mentioned above. For a list of these new developments and the
estimated timing of their completion, see Table 5 of "APPENDLX B FISCAL CONSULTANT'S
REPORT."
In addition to the development listed above, there have been 10 transfers of ownership that have
occurred after the January I, 2007, lien date for the current fiscal year. These transfers have resulted in an
increase in value of $13,026,000 on the ten properties transferred.' It is estimated that this increase in value
will be reflected on the tax roll for Fiscal Year 2008-09. A summary of the new developments and transfers
of ownership are shown on Table 5 of the Fiscal Consultant's Report. See "APPENDIX B FISC AL
CONSULTANT'S REPORT."
37
Assessed Valuation
The Project Area's aggregate base year assessed adjusted valuation is $365,093,279. The following
table shows the actual assessed values for Fiscal Years 2003-04 to 2007-08 based upon the County
Auditor/Controller's equalized rolls and incremental values of property within the Project Area.
TABLE 2
TEMEClTLA REDEVELOPMENT PROJECT NO.1
HISTORICAL V ALlTES
Base Year Fiscal Year
Secureif11 1987-88 2003-04 2004-05 2005-06 2006-07 2007-08
Land $167,283,021 $350,202,514 $370,266,437 $ 392,162253 $ 426,934,738 $482,270,750
Improvements 184,324,369 853,885,242 915,533,565 1,011,701,868 1,068,599,164 U37,276,308
Personal Property 11,212,042 116,124,997 116,851,303 86,281,976 77,283,761 34,708,538
Exemptions (235.673 ) rl 1.424.324) rl 0.113.833) (9 398 918) rl)956277) rl4,419.7461
Total Secured $362,583,759 W08.788,422 $U92,537,47~ $1,480,747,1 79 $1,560,861,386 $1,639,835,850
Unsecured
Land $ 2,211 $ 396,014 $ 350,1 14 $ 239,344 $ 211,036 $166,748
Improvements 324,497 90,251,575 100,100,389 87,929,361 95,845,756 213,766,372
Personal Property 2,225,879 109,944,1 90 125,589,549 126,621,907 133,245,303 201,959,455
Exemptions (43.067) (38.384) (35.108) (82,415) rl5L2111 ]120.8461
Total Unsecured $2,509,520 $200,553,395 $226,004.944 $214,708,197 ~229J50,884 $415,771,729
Grand Total $365,093,279 $1,509,341,824 $1,618,542,416 $1,695,455,376 $1,790,012,270 $2,055,607,579
Incremental Value: $U44,248,545 $1,253,449,137 $1,330,362,097 $1,424,918,991 $1,690,514,300
%.Annual Change: 8.630/0 9.540/0 6.140/0 7.11 0/0 18.640/0
(11
Secured values include state assessed non-mutary utility property
Source" Fiscal Consultant's Report/County afRiverside
The Fiscal Consultant reviewed historic reported taxable values for the Project Area in order to
ascertain the rate of taxable property valuation growth over the most recent ten fiscal years beginning with
1997-98. Their review revealed that the County had mistakenly included a new tax rate area in the Project
Area in 1998-99. This new tax rate area included a total of29 parcels with a combined value of$3, 719,599.
The review also revealed that for 2001-02, the County included two new tax rate areas in the Agency's
assessed values. The projections set forth in "COVERAGE ANALYSIS" below have been adjusted to
eliminate the incorrectly included tax rate areas. See "APPENDIX B - FISCAL CONSlTLTANT'S
REPORT III. Project Area Assessed Values A. Assessed Values."
On August 15, 2007, the Riverside County Assessor announced that he had reduced the 2007-08
assessed values of more than 31,000 parcels due to reductions in their market values to levels below their
current assessed values. The total reduction in value was $610 million. This represented an average
reduction of$19,677 per parcel. The large majority of these reductions were made to residential properties.
The Assessor has been unable to provide the Fiscal Consultant with a listing of the properties that have been
reduced in value and so the Fiscal Consultant is unable to determine to what extent value was lost within the
Project Area. According to the Assessor, however, any reductions within the Project Area are reflected on
the Fiscal Year 2007-08 tax roll values used in the projections.
38
The following table shows the ten largest contributors to the Tax Increment Revenues in the Project
Area.
TABLE 3
TEMECULA REDEVELOPMENT PROJECT NO.1
TOP TEN TA.XABLE PROPERTY OWNERS
FISCAL YEAR 2007-08
Project Area Incremental Value $1,690,514300
Project Area Iotal Value $2,1155,6117,579
% Total
Project % Total
Property Owner Type of Business Total Value Area Value Inc. Value
Advanced Cardiovascular Medical appliances mfg. $276303,807 13 44', 16.34',
Systems Inc. ,1,,2)
International Rectifier Electronic mfg. 102,635,537 4.99', 6.070/0
T ernecula Town Center Regional shopping center 97,723,919 4.750'0 57'P,O'o
Associates
Macy's West, rne. \21 Retail department stores 54,314,6114 2.640'0 3.210'0
Inland Western I emecula Commercial shopping center 53,618/147 2.610/0 317',
Cornrn ons
Kimco Palm Plaza Commercial shopping center 44292,599 2.150/0 2.620/0
DCH Investments Inc.\21 Vacant land/Auto dealer 32,615,3113 1.590'0 1.93'"
WGA Bel Villaggio'2> Commercial shopping center 26,211,845 1.2'P,o,o 1.550'0
27511 Ynez Road LL(, Commercial shopping center 25,325,335 1.230'0 1.5()O,o
Costeo \Vholesale Corporation Retail store 23. on 78 7 1.12% 1.36%
$ 736/168, 783 3581 " 43.54',
(11 Advanced Cardiovascular Systems, Inc. is a subsidiary of Abbott Laboratories, which acquired Advanced Cardiovascular Systems,
Inc. in April 2006, in connection with Boston Scientific Corporation's purchase of Guidant Corporation.
Ie) Owner has pending appeals on one or more parcels.
Source: Fiscal Consultant's Report.
Advanced Cardiovascular Systems has undertaken an expansion of its campus. The expansion
entails construction of over 383,000 square feet of office space and a three-story parking garage and is
expected to add approximately $60 million in new value over the next three fiscal years. Advanced
Cardiovascular Systems was recently acquired by Abbott Laboratories. This acquisition was an event that
required the Assessor to re-assess the Advanced Cardiovascular Systems' properties to full market value.
This reassessment is the primary reason that values have increased so dramatically for 2007-08. (The Fiscal
Consultant has no assessment appeals data at this time but has been informed by the County Assessor's staff
that Advanced Cardiovascular Systems has filed assessment appeals on their 2007-08 values.) When the
expansion is completed its share of the Project Area's total and incremental assessed value is likely to
Increase.
Temecula Town Center Associates is in the process of expanding its mall property improvements
to add approximately 126,000 square feet of retail space. This will likely increase this owner's assessed
values substantially by Fiscal Year 2010-11. See "APPENDLX B FISCAL CONSULTANT'S
REPORT IX New Development Activities" herein for additional information with respect to the
Advanced Cardiovascular Systems properties and the Temecula Town Center Associates properties.
Appeals of Assessed Values
Pursuant to California law, property owners may apply for a reduction of their property tax
assessment by filing a written application, in the form prescribed by the State Board of Equalization, with
39
the appropriate county board of equalization or assessment appeals board. After the applicant and the
assessor have presented their arguments, the appeals board makes a final decision on the proper assessed
value. The appeals board may rule in the assessor's favor, in the applicant's favor or the appeals board may
set its own opinion ofthe proper assessed value, which may be more or less than either the assessor's opinion
or the applicant's opinion.
Any reduction in the assessment ultimately granted applies to the year for which application is made
and during which the written application was filed. After a reduction is allowed, the property is reviewed
on an annual basis to determine its full cash value and the valuation may be adjusted accordingly. This may
result in further reductions or increases in value. Such increases are in accordance with the actual cash value
of the property and may exceed the maximum annual inflationary growth rate allowed on other properties
under Article XIIIA of the State Constitution. ()nce the property has regained its prior value, adjusted for
inflation, it is once again subject to the annual inflationary growth rate allowed under Article XIIIA.
Appeals for reduction in the "base year" value of an assessment, if successful, reduce the assessment
for the year in which the appeal is taken and prospectively after that. The "base year" is determined by the
completion date of new construction or the date of change of ownership. Any base year appeal must be made
within four years of the change of ownership or new construction date.
Refunds for taxpayer overpayment of property taxes may include refunds for overpayment of taxes
in years after that which was appealed. Any taxpayer payment of property taxes that is based on a value that
is subsequently adjusted downward will require a refund for overpayment.
Assessment appeals data from the County has been reviewed by the Fiscal Consultant to determine
the potential impact that pending appeals may have on the projected Tax Increment Revenues. Within the
Project Area since 2001, there have been a total of 116 appeals filed. Of these, 16 have been allowed with
a reduction in value, 60 have been denied or withdrawn and there are 40 assessment appeals currently
pending.
Reductions in value on the successful appeals have totaled $51,939,125. The amount of assessed
value currently under appeal is $311,050,930. Based upon the historical rate that appeals have been allowed
with a reduction in value and upon the average reduction in value that has been allowed on those successful
appeals, the Fiscal Consultant has estimated the loss in value that may result from the currently pending
appeals. By applying these historical averages to the pending appeals, the Fiscal Consultant has estimated
that the Agency will experience a loss of assessed value of$8,493,583 on eight of the pending appeals during
2008-09. The following table summarizes the Fiscal Consultant's estimate for losses on pending appeals.
Assessment Appeals Summary
Total No. of
Appeals
No. of
Resolved
Appeals
No. of
Successful
Appeals
No. & Value of
Average Appeals
Reduction Pending
Est No. of
Appeals
Allowed
Est. Reduction on
Pending Appeals
Allowed (2008-09
Value Adjustment)
116
76
16
12.97', 40
($311,050,930)
8
$8,493,583
Within the top ten tax payers in the Project Area, four have filed five assessment appeals that are
currently pending. Advanced Cardiovascular System is seeking a reduction oftheir 2006-07 valuation in the
amount of$80.3 million (50.0%). Macy's West Inc., DCHInvestrnentInc. and WGABel Villaggio are other
top ten taxpayers that have assessment appeals pending. The table below summarizes the reductions in
assessed value sought by those top ten taxpayers.
40
Top Ten Taxpayer Assessment Appeals
Owner
No. of Value Unuer Opinion Potential
()wner Fiscal Year Parcels Appeal Value Value Loss
Advanced Cardiovascular Systems 2006-07 $1611326.726 $80.000.000 $80.326.726
Macy's West Inc. 2006-07 2 45.813.679 19.231.990 26.581.689
DCH Investment Inc. 2005-06 7 23.393.650 11.800.000 1 L593.650
DC'H Investment Inc. 21 II 16-117 5 18,477.297 7.31111.111111 1 U 77.297
WGA Bel Villaggio 211115-116 5 8.9211,432 II 8.9211,432
The Fiscal Consultant is informed by the Assessor's office that Advanced Cardiovascular Systems
has filed an appeal of the values enrolled by the Assessor on their properties for 2007-08. The'Fiscal
Consultant is not able to include this information in its assessment appeals analysis because the necessary
information on the appeal(s) is not yet available. The Advanced Cardiovascular Systems properties were
reassessed by the Assessor as the result of the company's acquisition by Abbott Laboratories. This
reassessment caused the owners assessed value to increase substantially. According to the Assessor's staff.
the assessment appeal that has been filed is not likely to result in any significant reductions in value.
Where a property owner has a pending assessment appeal on the initial valuation of a new
development. a successful appeal will adjust the base value for the property and that base value will carry
forward into future years. The assessor typically rolls a reduction in value for a particular fiscal year forward
into subsequent years with adjustments for inflation. improvements to the property and other factors.
However. if the values are reduced. the taxpayer may receive property tax refunds for the cumulative
reductions. See "APPENDIX B FISCAL CONSULTANT'S REPORT."
Many of the successful appeals filed in the Project Area are based on Section 51 of the Revenue and
Taxation Code which requires that for each lien date the value of real property shall be the lesser of its base
year value annually adjusted by the inflation factor pursuant to Article XIIIA of the State Constitntion or its
full cash value taking into account reductions in value due to damage. destruction. depreciation.
obsolescence. removal of property or other factors causing a decline in value. Significant reductions have
taken place in some counties due to declining real estate values. Reductions made under this code section
may be initiated by the assessor or requested by the property owner. After a roll reduction is granted under
this section. the property is reviewed on an annual basis to determine its full cash value and the valuation is
adjusted accordingly. This may result in further reductions or in value increases. Such increases shall be
in accordance with the actual full cash value of the property and it may exceed the maximum annual
inflationary growth rate allowed on other properties under Article XIIIAofthe State Constitntion. Once the
property has regained its prior value. adjusted for inflation. it once again is subject to the annual inflationary
factor growth rate allowed under Article XIIIA
41
Direct and Overlapping Bonded Debt
The Direct and Overlapping Bonded Debt Statement of the Project Area. as of
is shown below. It does not include the 2007 Bonds.
.2007.
TABLE 4
TEMECULA REDEVELOPMENT PROJECT NO.1
SECmmD PROPERTY TAX ROLL AND DIRECT AND OVERLAPPING DEBT
[T<) BE UPDATED - Around September 24, 2007, CalMuni will produce a hybrid report that reflects the
07-08 assessed values, and updated direct debt, but allocates the 00 applicable based on the 06-07 percentage
allocations. It takes several additional weeks to update the % allocations to the 07-08 information.]
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
21 II 16-117 Assessed Valuation.
Base Year Valuation.
Incremental Valuation.
$ 1.698.336.1168
365.1193.279
$ U33.242. 789
DIREC'T DEBT
21 II 12 Tax Allocation Bonds
TOTAL DIREC'T DEBT
Total Debt Agency's Share of
6/31111I6 ,., Applicable' 1. Debt 6/31111I6
$27,445.11111 1 11111 ,., $27.445.111111
$27,445.111111";
Ratio to Incremental Valuation: 2.060/0
(lVERLAPPING T A'{ AND ASSESSMENT DEBT
Metropolitan Water District
Eastern Municipal Water District. I.D No. U-8
Temecula Valley Unified School District
City of Temecula Special Tax Obligations
Rancho California Water District Rancho Division
Rancho California Water District Santa Rosa Division
Riverside C'ounty 1915 Act Bonds (Estimate)
C'ity of T emecula C'ommunity Facilities District No. 88-12
TOT AL OVERLAPPING T A'{ AND ASSESSMENT DEBT
$389.565.11111 1
7.5311.111111
46.835.000
5,490.000
4.365.000
5,495.11111 1
13.11119,493
13.1411.111111
() ()250'o
14.781
12.010
16.511
5043
II 1112
Various
16.511
OVERLAPPING GENERAL FllND DEBT
Riverside C'ounty General Fund (lbligations
Riverside C'ounty Pension (lbligations
Riverside C'ounty Board of Education
Mt San Jacinto Comm. College District General Fund Obligations
Rancho California Water District General Fund Obligations
TOT AL GROSS OVERLAPPING GENERAL FllND DEBT
Less: Riverside C'ounty self-supporting obligations
Rancho C'alifornia Water District General Fund (lbligations (77 78'., self-supporting)
TCJTAL NET (lVERLAPPING GENERAL FllND DEBT
$6311.525.566
396.845.11111 1
11.2411.111111
7,480.000
116.700.384
GROSS COMBINED TOTAL DIRECT AND OVERLAPPING DEBT
NET COMBINED TOTAL DIRECT AND OVERLAPPING DEBT
ll.2960'o
11.296
11.296
0761
3754
$ 97.391
U13.11119
5.624.884
906,454
220,127
659
2.6117.6115
2.169.545
$12.739.674
$ 1.866.356
U 74.661
33.2711
56.923
4.380.932
$7.512.142
57.9911
3. 4117.489
$4.1146.663
$47.696.816'"
$44.23U37
,1, Percentage of overlapping agency's assesseu valuation locateu within bounuaries of the agency
," Excludes tax allocation bonds to be sold.
"j Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and non-bonded capital lease obligations.
Ratios to 2005-06 Assessed Valuation:
Gross C'ombmed Total Drrect and Overlapping Debt 2.81 ,.,
Net C'ombined Total Direct and Overlapping Debt 2.611'.,
STATE SCHOOL BllILDING AJD REPAYABLE AS OF / 107 $0
S'ource: CalijomiaMunicipal Statistics. Inc.
42
Project Area Pass-Through Agreements
See "LIMITATIONS ON TAX INCREMENT REVENUES - Pass-Through Agreernents; Other
Contractual (lbligations" herein for a discussion of certain Pass-Through Agreernents and other contracts
to which the Agency is a party. The pledge of Tax Incrernent Revenues by the Agency under such
agreements is senior to its pledge of Tax Incrernent Revenues under the Indentnres to secure the repayrnent
of the Bonds.
COVERAGE ANALYSIS
The following table sets forth projections of Tax Increment Revenues for the Project Area, together
with the estirnated debt service coverage for the non-escrowed portion of the 2007 Bonds to Decernber 15,
2038. These projections are based on certain assurnptions, and no assurance can be given that this or any
level of Tax Incrernent Revenues will be achieved. Bond proceeds deposited into the Escrow Fund rnay be
released upon satisfaction of certain conditions. See "ESTIMATED S( lURCES AND USES (IF FUNDS-
Escrow Fund." See also "RISK FACTORS Estirnated Tax Incrernent Revenues" herein.
43
TABLE 5
TEMEClTLA REDEVELOPMENT PROJECT NO.1
Projected Debt Service Coverage(l]"
Estimated
Fiscal Total Estimated Excess Tax 2006 2007 Non Non Escrowed
Year (June 3U)/ Taxable Incremental Gross Tax Net Tax Total Senior Debt Increment for Subordinate Escrowed Subordinate
Subordinate
Bond Value Value Increment Increment Senior Debt Service Subordinate Bond Debt Bond Debt Debt Service
Year (Dec. 15) (OOO's) (OOO's) (OOO's) (000'S)(2) Service Coverajl;e Oblil!;ations Service Servic~3) Coverajl;e(3)
2008 $2.055.608 $1.690.514 $17.167 $4.173 $2.783.453 1.4990/0 $1.389.418 $147.681 $721.677 1.1420/0
2009 2,137,979 1,772,886 17,992 4,368 2,786,253 1.568 1,581,903 147,681 633,668 1.224
2010 2.248.311 1.883.218 18.992 4.547 2,782,853 1.634 1.763,746 197,681 808.668 1.200
2011 2,367,036 2,UU1,943 20,151 4,8U4 2,783,453 1.726 2,020,684 200,706 806,668 1.267
2012 2,409,646 2Jl44,553 20,579 4,906 2,787,348 1.760 2,118,833 198,506 804,243 1.294
2013 2,453,108 2,088,015 21,016 5,010 2,782,723 1.800 2,227,542 201,238 806,380 1.322
2014 2,497,439 2,132,346 21.461 5,116 2,787,343 1.836 2,329,088 198,688 802,605 1.350
2015 2,542,657 2,177,564 21,915 5,225 2,784,693 1.876 2,440,028 201,078 803,355 1.379
2016 2,588, 779 2,223,686 22,378 5,335 2,784,923 1.916 2,550,253 198,185 808,380 1,407
2017 2,635,824 2,270,731 22,851 5,448 2,786,498 1.955 2,661,342 200,228 802,130 1.438
2018 2,683,810 2,318,716 23,333 5,563 2,786,658 1.996 2,776,100 202,008 800,630 1.468
2019 2,732,755 2,367,662 23,825 5,680 2,784,093 2.040 2,895,881 198,520 808,630 1.498
2020 2,782,679 2,417,586 24,326 5,800 2,783,693 2.083 3,015,841 199,995 805,305 1.531
2021 2,833,602 2,468,508 24,838 5,921 2,785,943 2.125 3,135,543 201,195 806,130 1.561
2022 2,885,543 2,520,449 25,359 6,046 2,784,599 2.171 3,261.277 202,115 806,025 1.594
2023 2,938,523 2,573,429 25,892 6,173 2,785,200 2.216 3,387,554 197,750 809,900 1.627
2024 2,992,562 2,627,469 26.434 6,302 2,782,825 2.265 3,519,345 198,250 810,700 1.662
2025 3,047,682 2,682,589 26,988 6,434 2,787,195 2.308 3,646,979 198,500 805,300 1.697
2026 3,103,905 2,738,812 27,553 6,569 2,783,163 2.360 3,785,656 198,500 809,000 1.733
2027 3,161,252 2,796,159 28,129 6,706 2,785,700 2.407 3,920,456 198,250 806,200 1.769
2028 3,219,746 2,854,653 28,717 6,846 2,784,613 2,459 4,061.627 197,750 807,200 1.807
2029 3,279,410 2,914,317 29,316 6,989 2,783,450 2.511 4,205,675 202,000 806,700 1.843
2030 3,340,268 2,975,174 29,927 7,135 2,783,288 2.563 4,351.581 200,750 804,700 1.883
2031 3,402,342 3, U3 7,249 30,551 7,284 2,783,913 2.616 4,499,614 199,250 806,200 1.922
2032 3,465,658 3,100,565 31,187 7,435 2,783,550 2.671 4,651.608 197,500 810,900 1.961
2033 3,530,240 3,165,147 31,835 7,590 2,783,425 2.727 4,806,397 200,500 808,500 2.001
2034 3,596,114 3,231.021 32.497 7,748 2,783,238 2.784 4,964,342 198,000 809,300 2.044
2035 3,663,305 3,298,212 33,172 7,908 2,782,763 2.842 5,125,729 200,250 808,000 2.086
2036 3,731.841 3,366,747 33,735 7,973 2,786,738 2.861 5,186,068 197,000 809,600 2.102
2037 3,801,746 3,436,653 34,408 8,117 2,784,675 2.915 5,332,627 198,500 808,800 2.141
2038 3,873,050 3,507,957 35,121 8,286 2,784,925 2.975 5,500,592 199,500 805,600 2.186
2039 3,945,780 3,580,687 35,848 8,457 U 0/0 8,457,097 U U oJo
(1) [CONFIRM]: For a di~cu~~ion of a~~umption~ made with re~pect to the prQiection~ of total taxable value and Tax Increment Revenue~, ~ee "APPENDIX: B FISCAL CONSULTANT'S REPORT." Among the a~~lImption~ made are an a~~umption ofa
two percent growth rate, an increase in values related to property transfers since January 1, 2007 and an increase related to a number of projects identified by the Agency that are currently llllder construction or have been recently completed and are not yet
reflected on the tax rolls. In addition, the Agency has identified several development projects that are expected to begin construction within 2007 It is estimated that [projects currently under construction, recently completed or expected to begin construction
'"I in 2007 will produce $45 4 million in new assessed value for Fiscal Year 2008-09; $72.3 million of new assessed value for Fiscal Year 2009-10; and, $78.5 million of new assessed value for Fiscal Year 2010-11.
Gro~~ Tax Increment Revenue~ le~~ hou~ing ~et-a~ide, ~tatutOIY pa~~-tlrrough payment~ and Senate bill 2557 COllllty Admini~trative charge~.
,3) 2007 Non-E~crowed Subordinate Bond Debt Service exdude~ debt ~eIVice related to the E~crow Term Bond~.
Dllurce: Fiscal C.'llnsultant's R~].1ll,.tiCltV c{TeNi<?Cula as hl assessed value and Tax Increment revenues and ,,-:hlne & Yi.JwIgoerg LLL-' as hl debt service.
i"prelirninary, subject to change.
44
THE TEMECULA PUBLIC FINANCING AUTHORITY
The Temecula Public Financing Authority was established pursuant to a Joint Exercise of Powers
Agreernent, dated April 10, 2001, by and between the City and the Agency in accordance with the provisions
of the Act. The Authority was created for the purpose of providing financing for public capital
irnprovernents for the City and the Agency through the acquisition by the Authority of such public capital
irnprovernents and! or the purchase by the Authority oflocal obligations within the rneaning ofthe Act and/or
the rnaking of secured or unsecured loans to the City or the Agency in connection with the financing of
public capital improvement projects. Under the Act, the Authority has the power to purchase the 2007 Bonds
and resell these to the Underwriter. The Authority has no responsibility whatsoever for repayrnent of the
2007 Bonds.
CERTAIN LEGAL MATTERS
Legal Opinions
The legal opinion of()uint & Thimmig LLP, San Francisco, California, as Bond Counsel, approving
the validity of the 2007 Bonds, will be rnade available to purchasers at the time of original delivery of the
2007 Bonds, and the proposed form thereof appears in Appendix D hereto.
McFarlin & Anderson LLP is serving as Disclosure Counsel to the Agency. Certain legal rnatters
will be passed upon for the Agency by Richards, Watson & Gershon, Agency Counsel. Stradling, Y occa,
Carlson & Rauth, a Professional Corporation, is acting as Underwriter's Counsel.
Enforceability of Remedies
The rernedies available to the Trustee and the registered owners of the 2007 Bonds upon an event
of default under the Indentnres and any other docurnent described herein are in rnany respects dependent
upon regnlatory and judicial actions which are often subject to discretion and delay. Under existing law and
judicial decisions, the rernedies provided for under such docurnents rnay not be readily available or rnay be
limited. The various legal opinions to be delivered concurrently with the delivery of the 2007 Bonds will
be qualified to the extent that the enforceability of the legal docurnents with respect to the 2007 Bonds are
subject to limitations irnposed by bankruptcy, reorganization, insolvency or other sirnilar laws affecting the
rights of creditors generally and by equitable remedies and proceedings generally.
CONTINUING DISCLOSURE
The Agency has covenanted for the benefit of holders and beneficial owners of the 2007 Bonds to
provide certain financial inforrnation and operating data relating to the Agency by not later than eight rnonths
following the end of the Agency's fiscal year (which reporting date would be March 1), commencing with
the report for the 2006-07 Fiscal Year (the "Annual Report"), and to provide notices of the occurrence of
certain enurnerated events, if rnaterial. The Annual Report will be filed by the Agency with each Nationally
Recognized Municipal Securities Inforrnation Repository, and with the appropriate State information
depository, if any. The notices of rnaterial events will be filed by the Agency with the Municipal Securities
Rulernaking Board (and with the appropriate State information depository, if any). The specific nature of
the information to be contained in the Annual Report or the notices of rnaterial events is set forth in the Forrn
of Continuing Disclosure Certificate in Appendix E hereto. These covenants have been rnade in order to
assist the Underwriters in cornplying with S.E.C. Rule 15c2-12(b)(5). The Agency has never failed to
cornply in all rnaterial respects with any previous undertakings with regard to said Rule to provide annual
reports or notices of rnaterial events.
45
ABSENCE OF LITIGATION
At the time the 2007 Bonds are delivered, the Agency will certify that, to the best knowledge of the
officers of the Agency so certifying, there is no litigation pending with respect to which the Agency has been
served with process or known to be threatened against the Agency in any court or other tribunal of cornpetent
jurisdiction, State or federal, which seeks to enjoin or challenges the authority of the Agency to participate
in the transactions contemplated by this ()fficial Staternent, the 2007 Bonds or the Indentures.
TAX MATTERS
In the opinion of (luint & Thimmig LLP, San Francisco, California, Bond Counsel, under existing
law, subject to the Agency's cornpliance with certain covenants, interest on the 2007 Bonds is excludable
frorn gross incorne of the owners thereof for federal incorne tax purposes under Section 55 of the Code, is
not includable as an itern of tax preference in cornputing the federal alternative rninirnurn tax for individuals
and corporations under the Code but is taken into account in cornputing an adjustrnent used in deterrnining
the federal alternative rninirnurn tax for certain corporations. Failure by the Agency to cornply with one or
rnore of such covenants could cause interest on the 2007 Bonds to not be excludable frorn gross incorne under
Section 103 of the Code for federal incorne tax purposes retroactively to the date of issuance of the 2007
Bonds.
In the further opinion of Bond Counsel, interest on the 2007 Bonds is exempt frorn California
personal incorne taxes.
Bondowners should also be aware that the ownership or disposition of, or the accrual or receipt of
interest on, the 2007 Bonds rnay have federal or state tax consequences other than as described above. Bond
Counsel expresses no opinion regarding any federal or state tax consequences arising with respect to the 2007
Bonds other than as expressly described above.
The form of the opinion Bond Counsel expects to render at the tirne of delivery of the 2007 Bonds
is set forth in Appendix D hereto.
Should the interest with respect to a series of the 2007 Bonds becorne includable in gross incorne
for federal incorne tax purposes, the applicable 2007 Bonds are not subject to early redernption and will
rernain outstanding until rnatnrity or until redeerned in accordance with the Indentures.
Bond Counsel's opinion rnay be affected by actions taken (or not taken) or events occurring (or not
occurring) after the date hereof. Bond Counsel has not undertaken to deterrnine, or to inform any person,
whether any such actions taken or events are taken or do occur.
UNDERWRITING
The Agency will sell the 2007 Bonds to the Authority for imrnediate resale to the Stone &
Youngberg LLC (the "Underwriter"). The 2007 Bonds are being purchased frorn the Authority by the
Underwriter on , 2007, at a purchase price of $ (which represents the aggregate
principal arnount ofthe 2007 Bonds of$ ,less an underwriting discount of$ and less
a net original issue discount of $ ).
The initial public offering prices stated on the inside cover of this Official Statementrnay be changed
frorn tirne to tirne by the Underwriter. The Underwriter rnay offer and sell the 2007 Bonds to certain dealers,
banks acting as agents and others at prices lower than said public offering prices.
NO RATINGS
The 2007 Bonds have not been rated by any securities rating agency.
46
PROFESSIONAL FEES
In connection with the issuance of the 2007 Bonds, fees payable to certain professionals, including
the Underwriter, Quint & Thimmig LLP, as Bond Counsel, Fieldrnan, Rolapp & Associates, as Financial
Advisor, McFarlin & Anderson LLP, as Disclosure Counsel to the Agency, and u.s. Bank National
Association, as Trustee, are contingent upon the issuance of the 2007 Bonds.
MISCELLANEOlTS
The purpose of this Official Statement is to supply information to prospective buyers of the 2007
Bonds. Quotations frorn, and surnrnaries and explanations of the Indentures and other docurnents and statntes
contained herein do not purport to be cornplete, and reference is rnade to such docurnents, Indentures and
statutes for full and cornplete staternents of their provisions.
Unless otherwise noted, all inforrnation contained in this Official Staternent pertaining to the Agency,
the Authority and the Project Area has been furnished by the Agency. Any staternent in this Official
Staternent involving rnatters of opinion, whether or not expressly so stated, are intended as such and not as
representations of fact. This Official Staternent is not to be construed as a contract or agreernent between
the Agency and the purchasers or registered owners of any of the 2007 Bonds.
The execution and delivery of this Official Statement has been duly authorized by the Agency.
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA
By
Shawn Nelson, Executive Director
47
APPENDIX A
SUMMARY OF CERT AIN PROVISIONS OF THE SUBORDINATE INDENTURE
A-I
APPENDIX B
FISCAL CONSULTANT'S REPORT
APPENDIX C
TEMECULA REDEVELOPMENT AGENCY
COMPONENT UNIT FINANCIAL STATEMENTS
FOR FISCAL YEAR ENDING JUNE 30, 2006
APPENDIX D
FORM OF OPINION OF BOND COUNSEL
r Jpon delivery of the 200ry Bonds, Quint & Thimmig LLP, San Francisco, California, Bond Counsel to the
RedevelopmentAgency of the City ofTemecula proposes to render its final approving opinion with respect
to the 200ry Bonds in substantially the following form:
,2007
Redeveloprnent Agency of the
City of Temecula
43200 Business Park Drive
Ternecula, California 92590
OPINION:
$ Redeveloprnent Agency of the City of Ternecula Ternecula
Redeveloprnent Project No.1 2007 Tax Allocation Bonds (Subordinate Lien)
Mernbers of the Agency:
We have acted as bond counsel in connection with the issuance by the Redeveloprnent Agency of
the City of Ternecula (the "Agency") of its $_ Redeveloprnent Agency of the City of Ternecula
Ternecula Redeveloprnent Project No.1 2007 Tax Allocation Bonds (Subordinate Lien) (the "Bonds"),
pursuant to the Cornrnunity RedeveloprnentLaw of the State of California (the "Law"), Resolution No. RDA
07-~, adopted by the Agency on Septernber 25, 2007, and an Indenture of Trust, dated as ofDecernber 1,
2006 (the "Original Indenture"), between the Agency and U.S. Bank National Association, as trustee (the
"Trustee"), as supplernented and arnended by the First Supplemental Indenture of Trust, dated as of
(lctober 1,2007 (the "First Supplernent"), between the Agency and the Trustee. The (lriginal Indenture, as
arnended and supplernented by the First Supplement, is referred to in this opinion as the "Indenture." We
have exarnined the law and such certified proceedings and other papers as we deern necessary to render this
opmlOn.
As to questions of fact rnaterial to our opinion, we have relied upon representations of the Agency
contained in the Indenture and in the certified proceedings and certifications of public officials and others
furnished to us without undertaking to verify the sarne by independent investigation.
Based upon the foregoing we are of the opinion, under existing law, as follows:
1. The Agency is duly created and validly existing as a public body, corporate and politic, with the
power to enter into the Indenture, perform the agreements on its part contained therein and issue the Bonds.
2. The First Supplement has been duly approved by the Agency and constitntes a valid and binding
obligation of the Agency enforceable in accordance with its terrns.
3. Pursuant to the Law, the Indentnre creates a valid lien on the funds pledged by the Indenture for
the security of the Bonds, on a parity with the lien thereon with respect to the 2006 Bonds and any future
Parity Debt, as such terrns are defined in the Indenture, and subordinate to the pledge thereof and lien thereon
with respect to any Senior Obligations, as such terrn is defined in the Indenture.
4. The Bonds have been duly authorized, executed and delivered by the Agency and are valid and
binding special obligations of the Agency, payable solely frorn the sources provided therefor in the Indenture.
5. Subject to the Agency's cornpliance with certain covenants, interest on the Bonds is excludable
frorn gross incorne of the owners thereof for federal incorne tax purposes under section 103 of the Internal
D-l
Revenue Code of 1986, as arnended (the "Code") and, under section 55 of the Code, is not included as an
itern of tax preference in cornputing the federal alternative rninirnurn tax for individuals and corporations
under the Code, but is taken into account in cornputing an adjustment used in determining the federal
alternative rninimurn tax for certain corporations. Failure by the Agency to cornply with one orrnore of such
covenants could cause interest on the Bonds to not be excludable frorn gross incorne under section 103 of
the Code for federal incorne tax purposes retroactively to the date of issuance of the Bonds.
6. Interest on the Bonds is exernptfrorn personal incornetaxation imposed by the State of California.
(lwnership of the Bonds rnay result in other tax consequences to certain taxpayers, and we express
no opinion regarding any such collateral consequences arising with respect to the Bonds.
The rights of the owners of the Bonds and the enforceability of the Bonds and the Indenture rnay be
subject to bankruptcy, insolvency, reorganization, rnoratoriurn and other sirnilar laws affecting creditors'
rights heretofore or hereafter enacted and also rnay be subject to the exercise of judicial discretion in
accordance with general principles of equity.
In rendering this opinion, we have relied upon certifications of the Agency and others with respect
to certain rnaterial facts. (lur opinion represents our legal judgment based upon such review of the law and
the facts that we deern relevant to render our opinion and is not a gnarantee of a result. This opinion is given
as of the date hereof and we assurne no obligation to revise or supplement this opinion to reflect any facts
or circurnstances that rnay hereafter corne to our attention or any changes in law that rnay hereafter occur.
Respectfully subrnitted,
D-2
APPENDIX E
FORM OF CONTINUING DISCLOSURE CERTIFICATE
E-l
APPENDIX F
GENERAL INFORMATION REGARDING THE CITY
Thefollowing information is providedfor general background information on/.v. The City has no
responsibility whatsoever with respect to the payment of the 200ry Bonds or the obligations of the Agency
under the Subordinate Indenture.
General Information
Following a vote by the residents on November 7, 1989, the City of Temecula (the "City")
incorporated under the general laws of the State of California on Decernber 1, 1989. The City has a
Council-Manager forrn of governrnent, and is represented by the five rnernbers of the City Council who are
elected at-large to serve a four-year terrn. The Mayor is selected annually by the rnembers of the City
Council.
The Ternecula Community Services District (TCSD) was also established in 1989. The TCSD is
responsible for providing parks and recreation services to the citizens of Temecula, as well as street lighting
and slope rnaintenance in certain areas of the district.
(lther governrnental entities, such as the State of California, the County of Riverside and various
school, water and other districts, also provide various levels of service within the City of Temecula.
However, the Ternecula City Council does not have a continuing oversight responsibility over these other
governrnental entities.
Located on Interstate 15, the City of Temecula is the 11th largest city in the Inland Ernpire and the
4th largest in Riverside County, encornpassing 30.15 square rniles. The City of Ternecula is 85 rniles
southeast of Los Angeles, 60 rniles north of San Diego, 61 rniles southeast of Orange County, and 20 rniles
inlandfrorn the cities of San Juan Capistrano and (lceanside. The City's approximately 97,935 residents are
offered a broad range of housing options frorn apartrnents to luxury custorn hornes.
Population
Frorn 1998 2007, the City's population grew frorn 48,900 to 97,935, a gain of 49,035 or 100.3%.
In this sarne period, Riverside County added 580,150, a gain of 40.0%.
CITY OF TEMECULA AND COUNTY OF RIVERSIDE POPULATION
FROM 1998 TO 2007
T ernecula
Riverside C'ounty
1998
1999
2000
2(Hll-l<
2()()2
211113
2004
2005
2006"
211117
Population
48.900
51.600
57.716
6U87
73.134
75.958
78.738
8L804
94.575
97.935
0/0 Change
5.5
11.9
71
184
3.9
37
3.9
156
36
Population
1.451.475
1.490,445
L545.387
U911.1152
1.653.529
1. 725.8911
L805.519
L885.627
1.966.607
2.1131.625
0/0 Change
Year
2.7
37
2.9
4.11
4.4
4.6
4.4
4.3
3.3
Includes annexation a/Vail Ranch area.
Includes annexation of Red hawk area.
Source: California Department of Finance.
F-l
Construction Activity
The following table shows a five year history of construction activity in the City.
CITY OF TEMEClTLA
BUILDING PERMITS AND VALUATIONS
(Calendar Year 2001 - 2006)
2002
2003
2004
Valuation ($000):
Residential
Non-residential
Total
$100.516.1 15
43.487.229
!!44.11113.344
$194.699.509
36. 087. 001
$2311.786.5111
$185.(141.089
56.658.233
$241.699.322
Residential Units:
Single family
Multiple family
Total
2005
$261.657J64
73.749.612
$335,4116.776
2006
$145.638.382
144.623.957
$2911.262.339
650 L271 888 996 589
-0- 142 408 360 ...lQ
650 1.413 L296 U56 607
Source" Construction Indusf1:v Research Board.
The following table shows historical commercial and residential construction and property values.
CITY OF TEMECULA
COMMERCIAL AND RESIDENTIAL CONSTRlTCTION AND PROPERTY V ALlTES
1996 - 2006
Commercial Construction(J ' Residential Construction(1 ,
Number Number
Fiscal Year of Permits Value of lTnits Value
1996 136 $23.572 987 $93.674
1997 202 32.863 857 85.257
1998 2113 66.226 835 1115.527
1999 337 159.286 U84 1811.8411
2()()() 437 52,497 U79 148.6611
2001 265 39.511 1.606 169.687
2002 252 51.686 938 97.773
2003 304 41.402 U62 145.387
211114 116 79.579 918 24U22
2()()5 513 49.777 U54 246,466
211116 218 114.1115 6114 133.837
Values in thousands of dollars.
Source: (1) City ofTemecula, Building and Safety Department.
(2) County Land Use Statistical Recap Report.
F-2
Property Values<~)
Commercial
$1.478.230
U47.000
U21.1144
U78.364
U24.1191
1.935.537
2.1 83.862
2.633.661
2.757,4117
2.894.954
3.1124.934
Residential
$ 1.677. 720
L856.203
1.958.7116
2.1167.549
2.3113.3113
2.627.716
3.017.148
4.127.318
4.8118.116
6.895,413
8.1178.687
Economic Condition and Outlook
Ternecula's econornic base is anchored by a nurnber offirrns specializing in biornedical technology
and supplies, high technology controllers and serni-conductors, arnong others. The City's retail base is also
experiencing growth and is horne to several auto dealers including Honda, Toyota and Nissan. The following
tables set forth rnajor rnanufactnring and non-rnanufacturing ernployers:
CITY OF TEMECULA
LARGEST EMPLOYERS BY NUMBER OF EMPLOYEES
(As of June 30, 2006)
Employer
Advanced C'ardiovascular Systems. Inc.
(Abbott Laboratories tlk/a Gwdant C'orporation)
Temecula Valley Unified School District
Professional Hospital Supply
International Rectifier
Milgard Manufacturing
Norm Reeves Auto Group
Casteo \Vholesale Corporation
C'hannell C'ommercial C'orp.
(,herni-Con International
Sears
Albertson's
Plant Equipment. Inc.
Robinson's May
T emecula C'reek Inn
J(' Penney C'ompany
C'ity of T emecula
Dayton Hudson C'orporation; Target
Home Depot
Opto 22. Inc.
Toyota of Temecula Valley
Source: City Finance Department.
Financial Information
Approximate No.
of Employees
Type of Business
3,481
Medical equipment
2,512
U52
6211
5511
3611
354
31111
31111
2711
2611
245
2311
Public school system
Medical equipment and supplies
Power serni-comluctors
Winuows
Auto Dealer
\Vholesale warehouse
Cable enclosures
Manufacturing
Retail
Supermarket
Telephone equipment
Retail
Hotel
Retail
Municipal corporation
Retail
Retail
Manufacturing
Auto Dealer
222
221
2118
2()()
2()()
2()()
186
The City's financial records for general governrnental operations are rnaintained on a rnodified
accrual basis, with revenues recorded when available and rneasurable and expenditures recorded when the
services or goods are received and the liability incurred.
Managernent of the City is responsible for establishing and rnaintaining an internal control structure
designed to ensure that the assets of the government are protected frorn loss, theft or rnisuse and to ensure
that adequate accounting data are cornpiled to allow the preparation of financial staternents in conformity
with generally accepted accounting principles. The internal control structnre is designed to provide
reasonable, but not absolute, assurance that these objectives are rnet. The concept of reasonable assurance
recognizes that: (I) the cost of the control should not exceed the benefits likely to be derived; and (2) the
valuation of costs and benefits requires estirnates and judgments by rnanagement.
F-3
Budgetary Policy and Control
Budgets are adopted annually by the City Council by resolution and are prepared for each fund in
accordance with its basis of accounting. As provided by City ordinance, the Finance Officer is responsible
for preparing the budget and for its implementation after adoption. All appropriations lapse at year end. The
City Manager has the legal authority to transfer operating budget appropriations within a budgetary
departrnent provided that total appropriations for a departrnent are not changed. Changes to total
departrnental appropriations require the rnajority approval of the City Council.
The City rnaintains budgetary controls to ensure cornpliance with legal provisions ernbodied in the
annual budget adopted by the City Council. The level of budgetary control (that is, the level at which
expenditures cannot legally exceed the appropriated arnount) is established by departrnent.
Sales Tax Assessed Values
The City of Ternecula provides high quality services to residents. Industrial and business parks
offering clean industries and convenient oftlce space'provide growing employrnent opportnnities. Theretail
community is expanding rapidly with excellent shopping venues including the regional Prornenade Mall, a
unique Historic Old Town area, and neighborhood stnp centers. A wide selectIOn of restaurants allows
diners to choose between nationally recognized chains or intirnate dining bistros.
CITY OF TEMECULA
SALES TAX HISTORY
Year
Amount
1997-98
1998-99
1999-00
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
$9,186,547
$10,652.400
$14,009321
$16,321.929
$19.237317
$21.572.199
$25,392.314
$26,070,553
$30.429,106
$30,124,026
Source: City of 'j'emecuia.
F-4
CITY OF TEMEClTLA
PRINCIPAL SECURED PROPERTY OWNERS
FOR FISCAL YEAR 2007-08
Secured Unsecured Total
2007-08 2007-08 Percent of 2007-08
Assessed Assessed Total Assessed
Valuation Valuation Assessed Valuation
Taxpayer Type of Business (in OOOs) (in OOOs) !Valuation) (in OOOs)
Advanceu Cardiovascular System Inc.' 1, Medical Appliances Mfg. $!ii8.1J31 $169.725 2.()go,o $277. 756
International Rectifier Corporation Electronics Mfg. !ii2.636 II 77 !ii2.636
T ernecula Towne Center Associates\21 Regional Shopping ('enter 98.122 II 74 98.122
Macy's Group. Inc. Retail department stores 43.343 10.971 41 54.315
Inland Western Ternecula Commons Commercial Shopping Center 53.618 0 40 53.618
Kimco Palm Plaza Commercial Shopping Center 44.293 0 .33 44.293
WGA Bel Villaggio';: ('ommercial Shopping ('enter 36.588 II .27 36.588
D(,H Investments Inc. ('ommercial Shopping ('enter 32.615 II .24 32.615
27511 Ynez Road LL(, Residential Land 25.325 II 19 25.325
Costo Wholesale Corp. Retail Store 23.1:128 0 ...Jl 23.1:128
Totals $567.599 $180.696 561', $748.296
(1) Advanced Cardiovascular has one unsecured parcel with an assessed value 0[$1,452,563 that is outside the Project Area.
12) Ternecula Town Center Associate has two secured parcels with an aggregate assessed value 0[$397,837 that are outside the Project Area.
Ijl WGA Bel Villaggio has 8 parcels with an aggregate assessed value of a combined value 0[$10,376,341 that are outside the Project Area.
Source: HdL, Coren & Cone.
CITY OF TEMEClTLA
ASSESSED AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY
FOR THE FISCAL YEARS 2000-01 THROUGH 2007-08
(Values in Thousands)
Total Net Total Estimated
Fiscal Secured and Real Estate Net Taxable Homeowners Assessed Actual
Year Unsecured Exemptions Assessed Value Exemption Value Value
2000-01 $4.563.253 $(29.666) $4.533.587 $(64.372) $4,469.215 $4,469.215
2()(1l-()2 5.2111.11]11 (33.3611) 5.167.6511 (68.938) 51198.712 5.1198.712
2()()2-()3 6.2111.896 (311.11]11) 6.17l.886 (82.926) 6.1188.9611 6.1188.9611
211113-114 6.93l.291 (43.142) 6.888.149 (92.362) 6.795.787 6.795.787
2004-05 7.794.688 (53.240) 7.741.448 (94.237) 7.647.211 7.647.211
2005-06 10.328.(198 (5l.722) 10.276.375 (108.654) 10.167.721 10.167.721
2006-07 1 L836.051 (75,481) 11.760.570 (11 U92) 11.649.1 78 11.649.1 78
211117-118 13,434.244 (88.385) 13.345.859 (113.341) 13.232.517 13.232.517
Source. Riverside County Assessor's qjJice/HdL. Coren & Cone
F-5
General Information
Industrial Real Estate. According to the Housing Report dated January 8, 2007, the City is part of
America's strongest industrial rnarket. In 2002, the Inland Ernpire' s saw its rnanufacturers and distributors
take a record 48.0 rnillion square feet of space. However, by June 2006, the area's vacancy rate was down
to just 3.8% despite construction of29.5 rnillion square feet in the prior 12 rnonths.
In June 2006, the City had 9.8 rnillion square feet of rnanufactnring space in existence or under
construction representing 2.7% of the Inland Ernpire's 362 rnillion square feet. (lnly 104,358 square feet
of the City's space was vacant, giving it a 1.1% rate, with no facilities under construction. Another 180,356
was occupied but corning on to the rnarket, rnaking 2.9% of its stock eventually available.
According to Grubb & Ellis, the Inland Ernpire's office rnarket had 22.3 rnillion square feet of office
space cornpleted or under construction in June 2006. The City was the area's sixth largest sub-rnarket with
1,343,720 square feet or 6.0% of the rnarket. This included 1,288,086 square feet of cornpleted space and
55,634 square feet under construction.
Agriculture. The clirnate and soil in the City are particularly favorable for growing avocado, grape
and citrus crops.
There are currently several agricultural rnanagernent firrns in the Ternecula area which rnanage
agricultural production of thousands of acres of land owned by individual investors, partnerships and
corporations. The agricultural rnanagers apply econornies of scale, by cornbining rnany srnall and rnediurn
sized parcels of land as if these parcels were one large ranch.
In addition, a substantial wine industry has been developed in the City and the surrounding area. As
of May, 2007, there were twenty (20) wineries which produce wine with locally grown grapes.
Climate. Temecula Valley enjoys a rnild Mediterranean clirnate with year-round ternperatures
averaging in the rnid 70's. The weather is cornparable to the Napa Valley, as evidenced by a thriving wine
industry, with warm, dry days and cool evenings. Summer-time temperatnres, which can average in the rnid
80's or the rnid 90's during the day, are often cooled by afternoon ocean breezes blowing into the valley
through gaps in the Santa Ana foothills to the west. Although separated frorn the Pacific by the Santa Rosa
range of rnountains, the Rainbow Gap funnels the rnild beach clirnate into the valley. Mild winter
temperatnres average in the rnid 60's. Yearly average rainfall in Temecula is approxirnately 14 inches, as
cornpiled by the Rancho California Water District.
The quality of air in the Ternecula Valley is consistently better than that of surrounding cornrnunities.
(lcean breezes flow through the Rainbow Gap almost every day, sweeping away srnog. In the surnrner,
Pacific winds yield temperatnres up to 10 degrees lower than in towns just a few rniles away.
Education. The City is served by Ternecula Valley Unified School District, one of the fastest
growing school districts in the State, with 5 high schools (including 2 alternative schools), 6 rniddle schools,
2 charter schools, 1 horne-schooling prograrn, 18 elernentary schools and 1 adult school. In addition, there
are 9 private schools and several pre-schools.
The general boundaries extend north to Jean Nicholas Road in French Valley, south to the Riverside
County line, east to Vail Lake, and west to the Ternecula city lirnit. The District covers approxirnately 150
square rniles. As of May 14, 2007, approxirnately 28,680 students (Grades K -12) are enrolled in the District.
The University of California, Riverside has opened an extension center in the City and Mt. San
Jacinto Cornrnunity College operates a carnpus ten rniles north of the City to serve the growing population.
Ternecula began the 2000's with a well-educated population, and its population trends and school
performance fignres have allowed it to rnaintain that position.
Transportation. Interstate 15 and its connecting arterials provide convenient links to San Diego and
Riverside, Los Angeles (Interstate 10), Orange County (Highway 91) and San Bernardino (Interstate 215).
The French Valley Airport, 4 rniles north ofInterstate 15 on Winchester Road, accommodates business jets
and commuter airlines.
F-6
Housing. Ternecula is unique in that its residents are about equidistant frorn both San Diego and
Orange County via the Interstate 15 freeway. As a result, it is receiving growth irnpulses frorn the south as
well as the north, as farnilies spill into the Inland Ernpire frorn Southern California's rnore congested coastal
counties. Ternecula's rapid population growth represents a relatively new phenornenon in Southern
California. A large nurnber of the City's new residents have rnigrated north frorn San Diego County along
the Interstate 15 freeway. Normally, a Southern California community undergoes rapid growth only when
population spills frorn (lrange or Los Angeles counties. The latest population data shows Ternecula with
97,935 residents as of January 1, 2007, which includes the annexation of the Vail Ranch area in July, 2001
and the March, 2004 annexaiion of the community of Redhawk, which becarne official June 30, 2005.
F-7
APPENDIX G
BOOK-ENTRY SYSTEM
Thefollowingdescription of the procedures and record keeping w ith respect to beneficial ownership
interests in the 200ry Bonds, payment of principal of and interest on the 200ry Bonds to Direct Participants,
Indirect Participants or Beneficial Owners (as such terms are defined below) of the 200ry Bonds.
confirmation and transfer of beneficial ownership interests in the 200ry Bonds and other Bond-related
transactions by and between DTC, Direct Participants, Indirect Participants and Beneficial Owners of the
200ry Bonds is based solely on informationfilrnished by DTC to the Agency which the Agency believes to be
reliable, but the Agency and the Underwriter do not and cannot make any independent representations
concerning these matters and do not take responsibility for the accuracy or completeness thereof Neither
the DTC, Direct Participants. Indirect Participants nor the Beneficial Owners should rely on theforegoing
information with respect to such matters, but should instead confirm the same with DTC or the DTC
Participants, as the case may be.
The Depository Trust Cornpany ("DTC"), New York, New York, will act as securities depository
for the 2007 Bonds. The 2007 Bonds will be issued as fully-registered securities registered in the narne of
Cede & Co. (DTC's partnership norninee) or such other narne as rnay be requested by an authorized
representative ofDTC. (lne fully-registered Bond will be issued for each rnatnrity of the 2007 Bonds, each
in the aggregate principal arnount of such rnaturity, and will be deposited with DTC.
DTC, the world's largest securities depository, is a lirnited-purpose trust cornpany organized under
the New York Banking Law, a "banking organization" within the rneaning of the New York Banking Law,
a rnernber of the Federal Reserve Systern, a "clearing corporation" within the rneaning of the New York
Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17 A
of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2.2 rnillion issues
ofU S. and non-U S. equity issues, corporate and rnunicipal debt issues and rnoney rnarket instrurnents frorn
over 100 countries that DTC's participants (''Direct Participants") deposit with DTC. DTC also facilitates
the post-trade settlement arnong Direct Participants of sales and other securities transactions in deposited
securities, through electronic cornputerized book-entry transfers and pledges between Direct Participants'
accounts. This eliminates the need for physical rnovement of securities certificates. Direct Participants
include both US. and non-US. securities brokers and dealers, banks, trust cornpanies, clearing corporations,
and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing
Corporation ("DTCC"). DTCC, in turn, is owned by a nurnber of Direct Participants ofDTC and Mernbers
of the National Securities Clearing Corporation, Fixed Incorne Clearing Corporation, and Ernerging Markets
Clearing Corporation, (NSCc, FICc, and EMCc, also subsidiaries ofDTCC), as well as by the New York
Stock Exchange, Inc., the American Stock Exchange LLC., and the National Association of Securities
Dealers, Inc. Access to the DTC systern is also available to others such as both US. and non-US. securities
brokers and dealers, banks, trust cornpanies and clearing corporations that clear through or rnaintain a
custodial relationship with a Direct Participant, either directly or indirectly (the "Indirect Participants").
DTC has Standard & Poor's highest rating: AAA. The DTC Rules applicable to its Participants are on file
with the Securities and Exchange Cornrnission. More informationaboutDTC can be found at www.dtcc.com
and www.dtc.org.
Purchases of 2007 Bonds under the DTC systern rnust be rnade by or through Direct Participants,
which will receive a credit for the 2007 Bonds on DTC's records. The ownership interest of each actual
purchaser of each Bond ("Beneficial Owner") is in tnrn to be recorded on the Direct and Indirect
Participants' records. Beneficial Owners will not receive written confirmation frorn DTC of their purchase.
Beneficial Owners are, however, expected to receive written confirrnations providing details of the
transaction, as well as periodic staternents of their holdings, frorn the Direct or Indirect Participant through
which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the 2007 Bonds
are to be accornplished by entries rnade on the books of Direct and Indirect Participants acting on behalf of
Beneficial (lwners. Beneficial (lwners will not receive certificates representing their ownership interests
in the 2007 Bonds, except in the event that use of the book-entry systern for the 2007 Bonds is discontinued.
To facilitate subsequent transfers, all 2007 Bonds deposited by Direct Participants with DTC are
registered in the narne of DTC's partnership norninee, Cede & Co. or such other narne as requested by an
authorized representative of DTC. The deposit of the 2007 Bonds with DTC and their registration in the
G-l
narne of Cede & Co. or such other DTC norninee do not effect any change in beneficial ownership. DTC
has no knowledge of the actual Beneficial Owners of the 2007 Bonds; DTC's records reflect only the identity
of the Direct Participants to whose accounts such 2007 Bonds are credited, which rnay or rnay not be the
Beneficial (lwners. The Direct or Indirect Participants will rernain responsible for keeping account of their
holdings on behalf of their custorners.
Conveyance of notices and other cornrnunications by DTC to Direct Participants, by Direct
Participants to IndirectParticipants, and by Direct Participants and IndirectParticipants to Beneficial Owners
will be governed by arrangements arnong them, subject to any statutory or regnlatory requirernents as rnay
be in effect frorn time to tirne. Beneficial (lwners of 2007 Bonds rnay wish to take certain steps to augment
the transrnissions to thern of notices of significant events with respect to the 2007 Bonds, such as
redernptions, tenders, defaults, and proposed arnendrnents to the 2007 Bonds docurnents. For exarnple,
Beneficial (lwners of the 2007 Bonds rnay wish to ascertain that the norninee holding the 2007 Bonds for
their benefit has agreed to obtain and transrnit notices to Beneficial Owners. In the alternative, Beneficial
(lwners rnay wish to provide their narnes and addresses to the Trustee and request that copies of notices be
provided directly to them.
Redernption notices shall be sent to DTC. Ifless than all of the 2007 Bonds are being redeemed,
DTC's practice is to deterrnine by lot the arnount of the interest of each Direct Participant in such rnaturity
to be redeerned.
Neither DTC nor Cede & Co. (nor such other DTC norninee) will consent or vote with respect to the
2007 Bonds unless authorized by a Direct Participant in accordance with DTC' s Procedures. Under its usual
procedures, DTC rnails an Onmibus Proxy to the Agency as soon as possible after the record date. The
(lnmibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose
accounts the 2007 Bonds are credited on the record date (identified in a listing attached to the Ornnibus
Proxy).
Principal, redemption price and interest payrnents on the 2007 Bonds will be rnade to Cede & Co.,
or such other norninee as rnay be requested by an authorized representative ofDTC. DTC's practice is to
credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information frorn
the Agency or the Trustee, on payable date in accordance with their respective holdings shown on DTC's
records. Payrnents by Participants to Beneficial Owners will be governed by standing instructions and
custornary practices, as is the case with securities held for the accounts of custorners in bearer form or
registered in "street narne," and will be the responsibility of such Participant and not of DTc, the Trustee
or the Agency, subject to any statntory or regnlatory requirernents as rnay be in effect frorn time to tirne.
Payrnent of principal, redernption price and interest payrnents to Cede & Co. (or such other norninee as rnay
be requested by an authorized representative ofDTC) is the responsibility of the Trustee, disbursernent of
such payrnents to Direct Participants will be the responsibility ofDTC, and disbursernent of such payrnents
to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.
DTC rnay discontinue providing its service as depository with respect to the 2007 Bonds at any tirne
by giving reasonable notice to the Agency or the Trustee. Under such circurnstances, in the event that a
successor depository is not obtained, the Bond certificates are required to be printed and delivered.
The Agency rnay decide to discontinue use of the system of book-en try-only transfers through DTC
(or a successor securities depository). In that event, the Bond certificates will be printed and delivered to
DTC.
The inforrnation in this section concerning DTC and DTC's book-entry systern has been obtained
frorn sources that the Agency believes to be reliable, but the Agency takes no responsibility for the accuracy
thereof.
G-2
Discontinuance ofDTC Services
In the event that (a) DTC determines not to continue to act as securities depository for a series of the
2007 Bonds, or (b) the Agency determines that DTC shall no longer act and delivers a written certificate to
the Trustee to that effect, then the Agency will discontinue the Book-Entry System with DTC for the
applicable series of the 2007 Bonds. If the Agency deterrnines to replace DTC with another qualified
securities depository, the Agency will prepare or direct the preparation of a new single separate, fully-
registered Bond for each rnaturity of the 2007 Bonds registered in the narne of such successor or substitnte
securities depository as are not inconsistent with the terms of the applicable Indenture. If the Agency fails
to identify another qualified securities depository to replace the incurnbent securities depository for the
applicable series of the 2007 Bonds, then the applicable series of the 2007 Bonds shall no longer be restricted
to being registered in the Bond registration books in the narne of the incurnbent securities depository or its
norninee, but shall be registered in whatever narne or narnes the incurnbent securities depository or its
norninee transferring or exchanging the applicable series of the 2007 Bonds shall designate.
In the event that the Book-Entry System is discontinued, the following provisions would also apply:
(i) the applicable series of the 2007 Bonds will be rnade available in physical forrn, (ii) principal of, and
redernption premiurns if any, on the applicable series of the 2007 Bonds will be payable upon surrender
thereof at the trust office of the Trustee identified in the applicable Indentnre, and (iii) the applicable series
of the 2007 Bonds will be transferable and exchangeable as provided in the applicable Indentnre.
The Agency and the Trustee do not have any responsibility or obligation to DTC Participants, to the
persons for whom they act as nominees. to Beneficial Owners. or to any other person who is not shmt'J1 on
the registration books as being an owner of the 200ry Bonds, with respect to (i! the accuracy of any records
maintained by DTC or any DTC Participants; (ii! the payment by DTC or any DTC Participant of any
amount in respect of the principal of redemption price of or interest on the 200ry Bonds; (iii! the delivery
of any notice which is permitted or required to be given to registered owners under either Indenture; (iv)
the selection by DTC or any DTC Participant of any person to receive payment in the event of a partial
redemption ofa series of the 200ry Bonds; (v) any consent given or other action taken by DTC as registered
owner; or (vi! any other matter arising with respect to a series of the 200ry Bonds or an Indenture. The
Agency and the Trustee cannot and do not give any assurances that DTC, DTC Participants or others will
distribute payments of principal of or interest on the applicable series of the 200ry Bonds paid to DTC or its
nominee, as the registered owner, or any notices to the Beneficial Owners or that they will do so on a time!.v
basis or will serve and act in a manner described in this Official Statement. The Agency and the Trustee are
not responsible or liable for the fllilure ofDTC or any DTC Participant to make any payment or give any
notice to a Beneficial Owner in respect to the 200ry Bonds or any error or delay relating thereto.
G-3
Quint & Thimmig LLP
8/7/07
8/28/07
FIRST SUPPLEMENTAL INDENTURE OF TRUST
by and between the
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
and
U.S. BANK NATIONAL ASSOCIATION,
as Trustee
Dated as of October 1,2007
Relating to:
$
Redevelopment Agency of the City of Temecula
Temecula Redevelopment Project No.1
2007 Tax Allocation Bonds (Subordinate Lien)
20005.05:J9515
SECTION 1.
Section 10.01.
Section 10.02.
Section 10.03.
Section 10.04.
Section 10.05.
Section 10.06.
Section 10.07.
Section 10.07 A.
Section 10.08.
Section 10.09.
Section 10.10.
Section 10.11.
Section 10.12.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
T ABLE OF CONTENTS
Supplement to Original Indenture. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
ARTICLE X
2007 BONDS
Definitions.. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
Authorization and Issuance of 2007 Bonds ........................................... 3
Terms of 2007 Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
Redemption....................................................................................... 5
2007 Bonds; Authentication and Delivery............................................. 8
Application of Proceeds of Sale of 2007 Bonds ...................................... 8
2007 Costs of Issuance Fund ................................................................ 9
2007 Escrow Fund. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
Deposit and Investment of Moneys in Funds ......................................11
Security for 2007 Bonds.. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 12
Federal Tax Covenants... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 12
Continuing Disclosure ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 12
Effect of this Article X....................................................................... 12
Attachment of Exhibit B. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 12
Additional Amendments to Original Indenture .......................................................... 12
Partial Invalidity... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 15
Execution in Counterparts. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 15
Governing Law. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 15
EXHIBIT A - FORM OF 2007 BONDS
-i-
FIRST SUPPLEMENTAL INDENTURE OF TRUST
THIS FIRST SUPPLEMENTAL INDENTURE OF TRUST (this "First Supplement"),
dated as of October 1, 2007, is by and between the REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA, a public body, corporate and politic, duly organized and existing under the
laws of the State of California (the "Agency"), and U.s. BANK NATIONAL ASSOCIATION, a
national banking association, as trustee (the "Trustee") under an Indenture of Trust, dated as of
December 1, 2006 (the "Original Indenture") by and between the Trustee and the Agency.
RECITALS:
WHEREAS, the Agency is a public body, corporate and politic, duly established and
authorized to transact business and exercise powers under and pursuant to the provisions of
the Community Redevelopment Law of the State of California (the "Redevelopment Law"),
including the power to issue bonds for any of its corporate purposes; and
WHEREAS, a redevelopment plan for the Agency's Temecula Redevelopment Project
No.1 (the "Redevelopment Project") has been adopted under the Redevelopment Law pursuant
to all applicable requirements of the Redevelopment Law; and
WHEREAS, the Agency has issued its $3,040,000 initial principal amount of
Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No.1 2006
Tax Allocation Bonds, Series B (Subordinate Lien) (the "2006 Bonds") for the purpose of
financing redevelopment activities within or of benefit to the Redevelopment Project, all as
provided in the Original Indenture; and
WHEREAS, Section 3.05 of the Original Indenture authorizes the issuance by
supplemental indenture of Parity Debt (as defined in the Original Indenture) secured under the
Original Indenture on a parity with the 2006 Bonds; and
WHEREAS, after due investigation and deliberation, the Agency has determined that it
is in the interests of the Agency at this time to provide for the issuance of its Redevelopment
Agency of the City of Temecula Temecula Redevelopment Project No.1 2007 Tax Allocation
Bonds (Subordinate Lien) in the initial aggregate principal amount of $ (the "2007
Bonds"), all to be secured under the Original Indenture on a parity with the 2006 Bonds, to
finance redevelopment activities of the Agency; and
WHEREAS, this First Supplement is a "Supplemental Indenture" within the meaning of
the Original Indenture and the 2007 Bonds are "Parity Debt" within the meaning of the Original
Indenture and are secured under the Original Indenture on a parity with the 2006 Bonds; and
WHEREAS, the Agency has issued its Redevelopment Agency of the City of Temecula
Temecula Redevelopment Project No.1 2002 Tax Allocation Bonds and its Redevelopment
Agency of the City of Temecula Temecula Redevelopment Project No.1 2006 Tax Allocation
Bonds, Series A (collectively, the "Senior Bonds"), pursuant to the Senior Indenture (as defined
in the Original Indenture), which bonds are secured (along with all other Senior Obligations, as
such term is defined in the Original Indenture) by a pledge of the Tax Increment Revenues (as
defined in the Original Indenture) which is senior to the pledge of Tax Increment Revenues to
the repayment of the 2006 Bonds and the 2007 Bonds; and
-1-
WHEREAS, the Agency and the Trustee desire to enter into this First Supplement
pursuant to Sections 7.01(c) of the Original Indenture to provide for the issuance of the 2007
Bonds; and
WHEREAS, in providing for the issuance of the 2007 Bonds, it is necessary to
supplement and amend the Original Indenture, as more particularly provided in Section 1 and
Section 2 hereof, as such supplements and amendments are authorized by Section 7.01(c) of the
Original Indenture; and
WHEREAS, the Agency has determined that all acts and proceedings required by law
necessary to make the 2007 Bonds, when executed by the Agency, authenticated and delivered
by the Trustee and duly issued, the valid, binding and legal special obligations of the Agency,
and to constitute the Original Indenture, as amended and supplemented by this First
Supplement, a valid and binding agreement for the uses and purposes herein and therein set
forth in accordance with its terms, have been done or taken.
AGREEMENT:
NOW, THEREFORE, in consideration of the premises and the mutual agreements herein
contained, and for other consideration the receipt and sufficiency of which are hereby
acknowledged, the parties hereto do hereby agree as follows:
SECTION 1. Supplement to Original Indenture. In accordance with the provisions of
Section 7.01(c) of the Original Indenture, the Original Indenture is hereby amended by adding a
supplement thereto consisting of a new article to be designated as Article X. Such Article X
shall read in its entity as follows:
ARTICLE X
2007 BONDS
Section 10.01. Definitions. Unless the context otherwise requires, the terms defined in
this Section 10.01 shall, for all purposes of this Article X but not for any other purposes of this
Indenture, have the respective meanings specified in this Section 10.01. All terms defined in
Section 1.01 of this Indenture and not otherwise defined in this Section 10.01 shall, when used
in this Article X, have the respective meanings given to such terms in Section 1.01.
"Article X" means this Article X which has been incorporated in and made a part of this
Indenture pursuant to the First Supplemental Indenture of Trust, dated as of October 1, 2007, by
and between the Agency and the Trustee, together with all amendments of and supplements to
this Article X entered into pursuant to the provisions of Section 7.01(c).
"Closing Date" means October _, 2007, being the date upon which there was a physical
delivery of the 2007 Bonds in exchange for the amount representing the purchase price of the
2007 Bonds by the Original Purchaser.
"Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of
the 2007 Bonds or (except as otherwise referenced herein) as it may be amended to apply to
obligations issued on the date of issuance of the 2007 Bonds, together with applicable proposed,
temporary and final regulations promulgated, and applicable official public guidance
published, under the Code.
-2-
"Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate
of the Agency dated as of the Closing Date with respect to the 2007 Bonds, as originally
executed and as it may be amended from time to time in accordance with the terms thereof.
"Original Purchaser" means Stone & Youngberg LLC, the first purchaser of the 2007
Bonds upon their delivery by the Trustee on the Closing Date.
"2007 Bonds" means the Agency's Redevelopment Agency of the City of Temecula
Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien),
authorized by and at any time Outstanding pursuant to this Indenture.
"2007 Costs of Issuance" means all items of expense directly or indirectly payable by or
reimbursable to the Agency relating to the authorization, issuance, sale and delivery of the 2007
Bonds, including but not limited to printing expenses, filing and recording fees, initial fees,
expenses and charges of the Trustee and its counsel (including the Trustee's first annual
administrative fee), fees, charges and disbursements of attorneys, including bond counsel,
Agency counsel and disclosure counsel, financial advisors, accounting firms, fiscal consultants
and other professionals, fees and charges for preparation, execution and safekeeping of the 2007
Bonds and any other cost, charge or fee in connection with the original issuance of the 2007
Bonds.
"2007 Costs of Issuance Fund" means the fund by that name established and held by the
Trustee pursuant to Section 10.07.
"2007 Escrow Fund" means the fund by that name established and held by the Trustee
pursuant to Section 10.07 A.
"2007 Escrow Term Bonds" means the 2007 Bonds maturing on December 15, 2038,
bearing the CUSIP Number ____.
"2007 Term Bonds" means, collectively, the 2007 Bonds maturing on December 15 in the
years __ and _, and the 2007 Escrow Term Bond.
Section 10.02. Authorization and Issuance of 2007 Bonds. 2007 Bonds in the aggregate
principal amount of ______ Million _______ Hundred _______ Thousand Dollars
($_______), are hereby authorized to be issued by the Agency as Parity Debt under and
subject to the terms of this Indenture and the Redevelopment Law. This Indenture constitutes a
continuing agreement with the Owners of all of the 2007 Bonds issued hereunder and then
Outstanding to secure the full and final payment of principal and premium, if any, and interest
on all 2007 Bonds which may from time to time be executed and delivered hereunder, subject to
the covenants, agreements, provisions and conditions herein contained.
Upon the execution and delivery of the First Supplemental Indenture of Trust, dated as
of October 1, 2007, between the Agency and the Trustee, the Agency shall execute and deliver
the 2007 Bonds in the aggregate initial principal amount of _____ Million
Hundred _______ Thousand Dollars ($_______) to the Trustee, and the Trustee shall
authenticate and deliver the 2007 Bonds to the Original Purchaser upon receipt of a Request of
the Agency therefor.
Section 10.03. Terms of 2007 Bonds. The 2007 Bonds shall be issued in fully-registered
form without coupons in denominations equal to $5,000 or any integral multiple thereof. No
2007 Bond shall have more than one maturity date. The 2007 Bonds shall be dated the Closing
Date, and shall mature and become payable on December 15 in the following years and shall
-3-
bear interest at the following interest rates (based on a 360-day year comprised of twelve 30-day
months):
Year
iPecember 15)
Principal
Amount
[to come]
Interest Rate
Per Annum
* Indicates 2007 Escrow Term Bond.
Interest on the 2007 Bonds shall be payable on each Interest Payment Date commencing
June 15, 2008. Each 2007 Bond shall bear interest from the Interest Payment Date next
preceding the date of authentication thereof, unless: (a) it is authenticated after the close of
business on the applicable Record Date and on or before the following Interest Payment Date,
in which event it shall bear interest from such Interest Payment Date; or (b) it is authenticated
on or before June 1, 2008, in which event it shall bear interest from the Closing Date; or (c) if, as
of the date of authentication of any 2007 Bond, interest thereon is in default, in which event
such 2007 Bond shall bear interest from the date to which interest has previously been paid or
made available for payment thereon.
Subject to the provisions of Section 2.10, the principal of and premium, if any, on the
2007 Bonds shall be payable upon presentation and surrender of such 2007 Bonds at maturity or
earlier redemption at the Office of the Trustee. The principal of, premium (if any) and interest
on the 2007 Bonds shall be payable in lawful money of the United States of America. Payment
of the interest on any 2007 Bond shall be made to the person whose name appears on the Bond
registration books of the Trustee as the Owner thereof as of the close of business on the Record
Date immediately prior to such Interest Payment Date by check mailed on each Interest
Payment Date by first class mail to the Owner at his address as it appears on such registration
books, or by wire transfer to Owners of $1,000,000 or more in aggregate principal amount of
2007 Bonds at such wire transfer address in the United States as such Owner shall specify in a
written notice requesting payment by wire transfer delivered to the Trustee prior to the Record
Date.
Any interest not paid when due or duly provided for shall forthwith cease to be payable
to the registered Owner as of the Record Date immediately preceding the applicable Interest
Payment Date and shall be paid to the person in whose name the 2007 Bond is registered as of
-4-
the close of business on a special record date for the payment of such defaulted interest to be
fixed by the Trustee. The Trustee shall give notice of such special record date to the Owner not
less than 10 days prior thereto.
Section 10.04. Redemption.
(a) Optional Redemption. The 2007 Bonds maturing on or before December 15,_,
shall not be subject to optional redemption prior to maturity. The 2007 Bonds maturing on or
after December 15, _, shall be subject to redemption in whole, or in part among such
maturities as shall be determined by the Agency, and in any case by lot within a maturity, at the
option of the Agency, on any date on or after June 15, __, from any available source of funds,
at a redemption price equal to the principal amount of the 2007 Bonds to be redeemed, together
with accrued interest thereon to the redemption date, plus a redemption premium (expressed as
a percentage of the principal amount of the Bonds to be redeemed) as set forth in the following
table:
Redemption Period
Redemption Premium
June 15, __ through December 14,__
December 15, __ through December 14,__
December 15, _ and thereafter
2%
1
o
The Agency shall be required to give the Trustee written notice of its intention to
redeem 2007 Bonds and of the annual maturities determined to be redeemed under this
subsection (a) at least forty-five (45) days prior to the date fixed for such redemption, unless the
Trustee otherwise agrees to a shorter period for such notice (as such notice is for the
convenience of the Trustee).
(b) Sinking Account Redemption. The 2007 Term Bonds and the 2007 Escrow Term
Bonds shall be subject to redemption in part by lot on December 15 in each of the years set forth
in the following respective tables from Sinking Account payments made by the Agency
pursuant to Section 4.03(c), at a redemption price equal to the principal amount thereof to be
redeemed, together with accrued interest thereon to the redemption date, without premium, or
in lieu thereof shall be purchased pursuant to the succeeding paragraph of this subsection (b),
in the aggregate respective principal amounts and on the dates as set forth in the following
table; provided however, that if some but not all of the 2007 Bonds to be redeemed pursuant to
this subsection (b) have been redeemed pursuant to subsection (a) above, the total amount of all
future Sinking Account payments with respect to such 2007 Bonds shall be reduced by the
aggregate principal amount of such 2007 Bonds so redeemed, to be allocated among such
Sinking Account payments in integral multiples of $5,000 as determined by the Agency (notice
of which determination shall be given by the Agency to the Trustee).
2007 Bonds Maturing on December 15,_
Sinking Account Principal Amount
Redemption Date To Be Redeemed
!December 15) or Purchased
-5-
2007 Bonds Maturing on December 15,_
Sinking Account Principal Amount
Redemption Date To Be Redeemed
(December 15) or Purchased
2007 Escrow Term Bonds Maturing on December 15,
2038 (CUSIP No. _)
Sinking Account
Redemption Date
(December 15)
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038 (maturity)
Principal Amount
To Be Redeemed
or Purchased
In lieu of redemption of any 2007 Term Bonds pursuant to the preceding paragraph,
amounts on deposit in the Special Fund (to the extent not required to be transferred to the
Trustee or the trustee for any Parity Debt pursuant to any Parity Debt Instrument during the
then current Bond Year) may also be used and withdrawn by the Agency at any time for the
purchase of 2007 Term Bonds at public or private sale as and when and at such prices
(including brokerage and other charges and including accrued interest) as the Agency may in
its discretion determine. The par amount of any of the 2007 Term Bonds so purchased by the
Agency in any twelve-month period ending on November 1 in any year shall be credited
towards and shall reduce the par amount of such 2007 Term Bonds required to be redeemed
pursuant to this subsection (b) on December 15 in such year, upon the presentation of the
purchased 2007 Bonds to the Trustee on or prior to November 1 in any year.
-6-
(c) 2007 Escrow Fund Redemption. The 2007 Escrow Term Bonds shall be subject to
redemption in part, by lot, on June 15, 2010 (or on any Revised Escrow Redemption Date
established pursuant to Section 10.07 A(b)), from the amount, if any, transferred from the 2007
Escrow Fund to Redemption Account pursuant to Section 10.07A(b), at a redemption price
equal to the principal amount of such 2007 Bonds to be redeemed, together with accrued
interest thereon to the redemption date, without premium.
(d) Notice of Redemption. The Trustee on behalf and at the expense of the Agency
shall mail (by first class mail) notice of any redemption to the respective Owners of any 2007
Bonds designated for redemption at their respective addresses appearing on the Registration
Books, at least thirty (30) but not more than sixty (60) days prior to the date fixed for
redemption; prauided, however, that neither failure to receive any such notice so mailed nor any
defect therein shall affect the validity of the proceedings for the redemption of such 2007 Bonds
or the cessation of the accrual of interest thereon. Such notice shall state the date of the notice,
the redemption date, the redemption place and the redemption price and shall designate the
CUSIP numbers, the 2007 Bond numbers and the maturity or maturities (in the event of
redemption of all of the 2007 Bonds of such maturity or maturities in whole) of the 2007 Bonds
to be redeemed, and shall require that such 2007 Bonds be then surrendered at the Office of the
Trustee for redemption at the redemption price, giving notice also that further interest on such
2007 Bonds will not accrue from and after the redemption date.
Additionally, on the date on which the notice of redemption is mailed to the Owners of
the 2007 Bonds pursuant to the provisions above, such notice of redemption shall be given by (i)
first class mail, postage prepaid, (ii) confirmed facsimile transmission, or (iii) overnight delivery
service to the Agency, to each of the Securities Depositories and to one or more of the
Information Services as shall be designated in writing by the Agency to the Trustee.
Notwithstanding the foregoing, in the case of any optional redemption of the 2007
Bonds under Section 10.04(a) above, the notice of redemption shall state that the redemption is
conditioned upon receipt by the Trustee of sufficient moneys to redeem the 2007 Bonds on the
anticipated redemption date, and that the optional redemption shall not occur, if by no later
than the scheduled redemption date, sufficient moneys to redeem the 2007 Bonds have not been
deposited with the Trustee. In the event that the Trustee does not receive sufficient funds by the
scheduled optional redemption date to so redeem the 2007 Bonds to be optionally redeemed,
the Trustee shall send written notice to the owners of the 2007 Bonds, to the Securities
Depositories and to one or more of the Information Services to the effect that the redemption
did not occur as anticipated, and the 2007 Bonds for which notice of optional redemption was
given shall remain Outstanding for all purposes of this Indenture.
(e) Manner of Redemption. Whenever provision is made in this Section 10.04 for the
redemption of less than all of the 2007 Bonds, unless otherwise provided herein, the Agency in
its discretion shall determine the maturities to be redeemed by written notice to the Trustee,
and the Trustee shall select the 2007 Bonds within a maturity to be redeemed by lot in any
manner which the Trustee in its sole discretion shall deem appropriate. For purposes of such
selection, all 2007 Bonds shall be deemed to be comprised of separate $5,000 denominations and
such separate denominations shall be treated as separate 2007 Bonds which may be separately
redeemed. Notwithstanding the foregoing, if for any reason the Agency fails to provide the
Trustee with direction as to the maturities to be redeemed, the Trustee shall select the 2007
Bonds to be redeemed pro rata among maturities.
(f) Partial Redemption of 2007 Bonds. In the event only a portion of any 2007 Bond is
called for redemption, then upon surrender of such 2007 Bond the Agency shall execute and the
Trustee shall authenticate and deliver to the Owner thereof, at the expense of the Agency, a new
-7-
2007 Bond or 2007 Bonds of the same series and maturity date, of authorized denominations in
aggregate principal amount equal to the unredeemed portion of the 2007 Bond to be redeemed.
(g) Effect of Redemption. From and after the date fixed for redemption, if notice of
redemption shall have been duly mailed and funds available for the payment of the principal of
and interest (and premium, if any) on the 2007 Bonds so called for redemption shall have been
duly provided, such 2007 Bonds so called shall cease to be entitled to any benefit under this
Indenture other than the right to receive payment of the redemption price, and no interest shall
accrue thereon from and after the redemption date specified in such notice.
Section 10.05. 2007 Bonds: Authentication and Delivery. The 2007 Bonds, the form of
Trustee's certificate of authentication, and the form of assignment to appear thereon, shall be
substantially in the respective forms set forth in Exhibit B attached hereto and by this reference
incorporated herein, with necessary or appropriate variations, omissions and insertions, as
permitted or required by this Indenture.
The 2007 Bonds shall be executed on behalf of the Agency by the signature of its
Chairperson and the signature of its Secretary who are in office on the date of execution and
delivery of this Indenture or at any time thereafter. Either or both of such signatures may be
made manually or may be affixed by facsimile thereof. If any officer whose signature appears
on any 2007 Bond ceases to be such officer before the Closing Date, such signature shall
nevertheless be as effective as if the officer had remained in office until the Closing Date. Any
2007 Bond may be signed and attested on behalf of the Agency by such persons as at the actual
date of the execution of such 2007 Bond shall be the proper officers of the Agency, duly
authorized to execute debt instruments on behalf of the Agency, although on the date of such
2007 Bond any such person shall not have been such officer of the Agency.
Only such of the 2007 Bonds as shall bear thereon a certificate of authentication in the
form set forth in Exhibit B, manually executed and dated by the Trustee, shall be valid or
obligatory for any purpose or entitled to the benefits of this Indenture, and such certificate of
the Trustee shall be conclusive evidence that such 2007 Bonds have been duly authenticated
and delivered hereunder and are entitled to the benefits of this Indenture.
Section 10.06. Application of Proceeds of Sale of 2007 Bonds. Upon the receipt of
payment for the 2007 Bonds on the Closing Date, the proceeds thereof shall be paid to the
Trustee, which proceeds ($_____) shall be deposited by the Trustee in a separate fund to
be established by the Trustee to be known as the "2007 Bond Proceeds Fund" which shall be
applied as follows:
(a) The Trustee shall deposit in the Interest Account the amount of
$____, representing capitalized interest on the 2007 Bonds;
(b) The Trustee shall deposit in the 2007 Costs of Issuance Fund the amount
of $___;
(c)
(d)
The Trustee shall deposit in the Project Fund the amount of $____;
The Trustee shall deposit in the 2007 Reserve Subaccount the amount of
$ ; and
(e)
L___.
The Trustee shall deposit in the 2007 Escrow Fund the amount of
-8-
The Trustee may, in its discretion, establish a temporary fund or account in its books
and records to facilitate transfers required under this Section 10.06.
Section 10.07. 2007 Costs of Issuance Fund. There is hereby established a separate fund
to be known as the "2007 Costs of Issuance Fund", which shall be held by the Trustee in trust.
The remaining moneys in the 2007 Costs of Issuance Fund shall be used and withdrawn by the
Trustee from time to time to pay the 2007 Costs of Issuance upon submission of a Written
Request of the Agency stating (i) the person to whom payment is to be made, (ii) the amount to
be paid, (iii) the purpose for which the obligation was incurred, (iv) that such payment is a
proper charge against the 2007 Costs of Issuance Fund, and (v) that such amounts have not been
the subject of a prior Written Request of the Agency; in each case together with a statement or
invoice for each amount requested thereunder. On the earlier of (x) the date which is six (6)
months following the Closing Date, or (y) the date of receipt by the Trustee of a Written Request
of the Agency therefor, all amounts (if any) remaining in the 2007 Costs of Issuance Fund shall
be withdrawn therefrom by the Trustee and transferred to the Interest Account for use for
purposes of the Interest Account and the 2007 Costs of Issuance Fund shall be closed.
Section 10.07 A. 2007 Escrow Fund. There is hereby established a separate fund to be
known as the "2007 Escrow Fund", which fund shall be held by the Trustee in trust.
(a) Amounts in the Escrow Fund shall be applied as follows:
(i) From time to time on any date or dates prior to the transfer of
amounts in the Escrow Fund to the Redemption Account under the Indenture (as
described in Section 10.07 A(b) below), the Agency may file with the Trustee a
Certificate of the Agency which identifies (A) the amount then proposed to be
released from the Escrow Fund, and (B) the Maximum Annual Debt Service on
the 2006 Bonds, the Senior Bonds and the 2007 Bonds (other than the Maximum
Annual Debt Service on the portion, if any, of the 2007 Escrow Term Bonds equal
to the amount initially deposited therein and to remain on deposit in the Escrow
Fund following such release), which will be in effect following such release.
Such Certificate shall conclude that the amount of Tax Increment Revenues for
the then current Fiscal Year, as set forth in such Certificate of the Agency (based
on the assessed valuation of property in the Project Area as evidenced in a
written document from an appropriate official of the County), plus the
Additional Allowance, shall be at least equal to one hundred ten percent (110%)
of Maximum Annual Debt Service on the 2006 Bonds, the Senior Bonds and the
2007 Bonds (other than the Maximum Annual Debt Service on the portion, if any,
of the 2007 Bonds equal to the amount initially deposited therein and to remain
on deposit in the Escrow Fund following such release). Promptly following
receipt of such Certificate of the Agency, the Trustee shall withdraw from the
Escrow Fund the amount identified in such Certificate and transfer such amount
to the 2007 Reserve Subaccount to the extent necessary to increase the amount on
deposit therein to the Reserve Requirement with respect to the 2007 Bonds in
effect following such withdrawal, with any remaining amounts withdrawn from
the Escrow Fund to be transferred to the Project Fund.
(ii) All earnings on the investment of amounts on deposit in the Escrow
Fund shall be deposited by the Trustee in the Interest Account four Business
Days prior to each Interest Payment Date.
(b) On and after May 1, 2010 (the "Initial Escrow Close Date"), the Trustee shall
make no further disbursements from the Escrow Fund pursuant to Section 10.07 A(a)(i),
and on June 15,2010 (the "Initial Escrow Redemption Date") the Trustee shall transfer
-9-
all amounts on deposit in the Escrow Fund to the Redemption Account, to be applied to
the redemption of 2007 Escrow Term Bonds to the maximum extent possible on the
Initial Escrow Redemption Date, as provided in Section 10.04(c).
Notwithstanding the foregoing, the Initial Escrow Close Date (and any Revised
Escrow Close Date established pursuant to this paragraph) and the Initial Escrow
Redemption Date (and any Revised Escrow Redemption Date established pursuant to
this paragraph) may be extended from time to time upon receipt by the Trustee, not
later than one Business Day prior to the Initial Escrow Close Date (or, if extended
pursuant to the terms of this paragraph, the then applicable Revised Escrow Close Date),
of:
(i) a Request of the Agency requesting such extension and stating (a) the
new date after which amounts in the Escrow Fund will no longer be subject to
disbursement pursuant to Section 10.07 A(a)(i) (the "Revised Escrow Close Date")
which date shall be at least 45 days but not more than 90 days prior to the date
such amounts are to be used to redeem 2007 Escrow Term Bonds as described in
the following clause (b), and (b) the new date on which 2007 Escrow Term Bonds
are to be subject to mandatory redemption from the amounts transferred from
the Escrow Fund to the Redemption Account pursuant to this Section 10.07 A(b)
(the "Revised Escrow Redemption Date"), which date shall be an Interest
Payment Date;
(ii) cash (which cash shall immediately be deposited by the Trustee in the
Escrow Fund) in an amount determined in writing by an Independent
Redevelopment Consultant, together with expected investment earnings thereon
and on the amounts in the Escrow Fund (without regard to any withdrawal from
the Escrow Fund pursuant to Section 10.07 A(a)(i)) at the rate of return on the
permitted investment described in (iii) below, to be sufficient to pay interest on
the portion of the 2007 Escrow Term Bonds attributable to the funds then on
deposit in the Escrow Fund, from the Initial Escrow Close Date (or, if applicable,
the most recently established Revised Escrow Close Date) to the then proposed
Revised Escrow Redemption Date, accompanied by such written determination
by the Independent Redevelopment Consultant; and
(iii) a Permitted Investment or Permitted Investments which provides for
the investment of amounts deposited thereunder from the Initial Escrow Close
Date (or the most recent Revised Escrow Close Date, if applicable) to the then
proposed Revised Escrow Redemption Date, for amounts in the Escrow Fund,
and for the amount of cash referred to in the preceding clause (ii) to be deposited
in the Escrow Fund, which Permitted Investment or Permitted Investments will
provide a fixed rate of return equal to or better than that assumed by the
Independent Redevelopment Consultant in its determination pursuant to the
preceding clause (ii) above.
Notwithstanding the foregoing, in no event shall any Revised Escrow
Redemption Date be later than June 15,2011 (the last Interest Payment Date prior to the
Interest Payment Date on which principal of the 2007 Escrow Term Bonds first becomes
payable under Section 10.03).
The Trustee shall provide the Owners of the 2007 Escrow Term Bonds with a
written statement as to any Revised Escrow Redemption Date established under this
Section 10.07 A(b), promptly following receipt of the Request of the Agency and other
documents described in clauses (i) through (iii) above, which notice shall set forth the
-10-
Initial Escrow Redemption Date (or, if applicable, the most recent Revised Escrow
Redemption Date), and shall state that such redemption date has been extended to the
newly-established Revised Escrow Redemption Date. In addition, on the Initial Escrow
Redemption Date (or, if applicable, the most recent Revised Escrow Redemption Date),
the Trustee shall invest all amounts on deposit in the Escrow Fund in the Permitted
Investment or applicable Permitted Investments described in clause (iii) above.
On or after any Revised Escrow Close Date the Trustee shall make no further
disbursements from the Escrow Fund pursuant to Section 10.07 A(a)(i), and on the
Revised Escrow Redemption Date the Trustee shall transfer all amounts on deposit in
the Escrow Fund to the Redemption Account under the Indenture, to be applied to the
redemption of 2007 Escrow Term Bonds to the maximum extent possible on the Revised
Escrow Redemption Date as provided in Section 10.04(c).
(c) The Escrow Fund shall be closed when no funds remain therein.
Section 10.08. Deposit and Investment of Moneys in Funds. Moneys in the funds and
accounts held by the Trustee under this Article X shall be invested by the Trustee in Permitted
Investments directed in the Written Request of the Agency filed with the Trustee at least two (2)
Business Days in advance of the making of such investments. In the absence of any such
directions from the Agency, the Trustee shall invest such moneys in Permitted Investments
described in clause (d) of the definition thereof.
Obligations purchased as an investment of moneys in any fund shall be deemed to be
part of such fund or account. All interest or gain derived from the investment of amounts in
any of the funds or accounts established hereunder shall be deposited in the respective funds
and accounts from which such investment shall have been made. For purposes of acquiring
any investments hereunder, the Trustee may commingle funds held by it hereunder. The
Trustee may act as principal or agent in the acquisition of any investment. The Trustee shall
incur no liability for losses arising from any investments made pursuant to this Section.
Except as otherwise provided in this Section 10.08, the Agency covenants that all
investments of amounts deposited in any fund or account created by or pursuant to this
Indenture, or otherwise containing gross proceeds of the 2007 Bonds (within the meaning of
Section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation
is required by this Indenture or the Code) at Fair Market Value.
Investments in funds or accounts (or portions thereof) that are subject to a yield
restriction under applicable provisions of the Code shall be valued by or on behalf of the
Agency at their present value (within the meaning of section 148 of the Code). To the extent
that any valuations of investments are made by the Trustee, the Trustee may utilize and rely
upon computerized securities pricing services that may be available to it, including those
available through its regular accounting system.
The Agency acknowledges that to the extent regulations of the Comptroller of the
Currency or other applicable regulatory entity grant the Agency the right to receive brokerage
confirmations of security transactions as they occur, the Agency specifically waives receipt of
such confirmations to the extent permitted by law. The Trustee will furnish the Agency
periodic cash transaction statements which include detail for all investment transactions made
by the Trustee hereunder.
The Trustee or any of its affiliates may act as sponsor, advisor or manager in connection
with any investments made by the Trustee hereunder.
-11-
Section 10.09. Security for 2007 Bonds. The 2007 Bonds shall be Parity Debt which shall
be secured in the manner and to the extent set forth in Article IV and in this Article X.
Section 10.10. Federal Tax Covenants.
(a) Private Activity Bond Limitation. The Agency shall assure that the proceeds of the
2007 Bonds are not so used as to cause the 2007 Bonds to satisfy the private business tests of
Section 141(b) of the Code or the private loan financing test of Section 141(c) of the Code.
(b) Federal Guarantee Prohibition. The Agency shall not take any action or permit or
suffer any action to be taken if the result of the same would be to cause any of the 2007 Bonds to
be "federally guaranteed" within the meaning of Section 149(b) of the Code.
(c) Rebate Requirement. The Agency shall take any and all actions necessary to assure
compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings,
if any, to the federal government, to the extent that such section is applicable to the 2007 Bonds.
(d) No Arbitrage. The Agency shall not take, or permit or suffer to be taken by the
Trustee or otherwise, any action with respect to the proceeds of the 2007 Bonds which, if such
action had been reasonably expected to have been taken, or had been deliberately and
intentionally taken, on the date of issuance of the 2007 Bonds would have caused the 2007
Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code.
(e) Maintenance of Tax-Exemption. The Agency shall take all actions necessary to
assure the exclusion of interest on the 2007 Bonds from the gross income of the owners thereof
to the same extent as such interest is permitted to be excluded from gross income under the
Code as in effect on the date of issuance of the 2007 Bonds.
Section 10.11. Continuing Disclosure. The Agency hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure Certificate.
Notwithstanding any other provision of this Indenture, failure of the Agency to comply with
the Continuing Disclosure Certificate shall not be considered an Event of Default; however, the
Trustee, at the written request of any participating underwriter or the Owners of at least 25%
aggregate principal amount of Outstanding 2007 Bonds, shall, but only to the extent
indemnified from any liability, cost or expense, including, but not limited to fees and expenses
of its attorneys and additional fees and expenses of the Trustee, or any Owner of a 2007 Bond
may take such actions as may be necessary and appropriate, including seeking mandate or
specific performance by court order, to cause the Agency to comply with its obligations under
this Section.
Section 10.12. Effect of this Article X. Except as in this Article X expressly provided or
except to the extent inconsistent with any provision of this Article X, the 2007 Bonds shall be
deemed to be "Bonds" under and within the meaning of Section 1.01, and every term and
condition contained in the foregoing provisions of this Indenture shall apply to the 2007 Bonds
with full force and effect, with such omissions, variations and modifications thereof as may be
appropriate to make the same conform to this Article X.
SECTION 2. Attachment of Exhibit B. The Original Indenture is hereby further
amended by incorporating therein an Exhibit B setting forth the forms of the 2007 Bonds, which
shall read in its entirety as set forth in Exhibit A attached hereto and hereby made a part hereof.
SECTION 3. Additional Amendments to Original Indenture. The Original Indenture is
hereby further amended as follows:
-12-
(a) All references to the "2006 Bonds" in Sections 2.05, 2.06 and 2.10 of the Original
Indenture are hereby amended to refer to the "2006 Bonds and the 2007 Bonds."
(b) The term "Reserve Requirement" in Section 1.01 of the Original Indenture is hereby
amended and restated in whole to read as follows:
""Reserve Requirement" means, with respect to each series of the Bonds, as of
the date of any calculation by the Agency, the least of (a) Maximum Annual Debt
Service with respect to such series of the Bonds, or (b) one hundred twenty-five percent
(125%) of average Annual Debt Service with respect to such series of the Bonds, or (c)
ten percent (10%) of the initial principal amount of such series of the Bonds. For
purposes of the preceding sentence, the terms "Maximum Annual Debt Service" and
"Annual Debt Service" shall, notwithstanding their respective definitions in Section 1.01,
only include the respective series of the Bonds and not all Bonds outstanding. As of the
Closing Date (as defined in Section 1.01), the Reserve Requirement for the 2006 Bonds
was $______; and as of the Closing Date (as defined in Section 10.01) the Reserve
Requirement for the 2007 Bonds was $____."
(c) Section 1.01 of the Original Indenture is hereby amended by adding thereto the
following:
"2006 Reserve Subaccount" means the subaccount within the Reserve Account
by that name established and held by the Trustee pursuant to Section 4.03(d).
"2007 Reserve Subaccount" means the subaccount within the Reserve Account
by that name established and held by the Trustee pursuant to Section 4.03(d)."
(d) The term "Reserve Account" in Section 3.02(c) of the Original Indenture is hereby
amended to be "2006 Reserve Subaccount."
(e) The reference to "Section 3.02(a) in the second sentence of Section 3.04 of the
Indenture is hereby amended to refer to "Section 3.02(a) or Section 10.06(c)."
(f) Section 4.03(a) of the Original Indenture is hereby amended by adding thereto, as a
new last sentence thereof, the following: "Notwithstanding the foregoing, the amount
deposited to the Interest Account pursuant to Section 10.06(a) and any investment earnings
thereon shall be used solely to pay interest on the 2007 Bonds."
(g) Section 4.03(d) of the Original Indenture is hereby amended and restated in whole to
read as follows:
"(d) Reserve Account. There is hereby established with the Trustee the Reserve
Account, and within the Reserve Account a 2006 Reserve Subaccount and a 2007 Reserve
Subaccount. The Trustee shall deposit the amount described in Section 3.02(c) in the
2006 Reserve Subaccount, and shall deposit the amount described in Section 10.06(d) in
the 2007 Reserve Subaccount.
In the event that the amount on deposit in a subaccount of the Reserve Account
at any time becomes less than the Reserve Requirement for the corresponding series of
the Bonds (taking into account any Qualified Reserve Account Credit Instrument held
for the benefit of such subaccount), the Trustee (to the extent known to it) shall promptly
notify the Agency of such fact. Promptly upon receipt of any such notice, the Agency
shall transfer to the Trustee from the Special Fund an amount sufficient to maintain the
Reserve Requirement for each series of the Bonds on deposit in the respective
-13-
subaccount of the Reserve Account for such series (taking into account any Qualified
Reserve Account Credit Instrument held for the benefit of such subaccount).
Amounts in the 2006 Reserve Subaccount shall be used and withdrawn by the
Trustee for the purpose of making transfers to the Interest Account, the Principal
Account and the Sinking Account, in such order of priority, to be used solely to make
payments on the 2006 Bonds, on any date which the principal of or interest on the 2006
Bonds becomes due and payable hereunder, in the event of any deficiency at any time in
any of such accounts for such purpose, or at any time for the retirement of all the 2006
Bonds then Outstanding. Amounts in the 2007 Reserve Subaccount shall be used and
withdrawn by the Trustee for the purpose of making transfers to the Interest Account,
the Principal Account and the Sinking Account, in such order of priority, to be used
solely to make payments on the 2007 Bonds, on any date which the principal of or
interest on the 2007 Bonds becomes due and payable hereunder, in the event of any
deficiency at any time in any of such accounts for such purpose, or at any time for the
retirement of all the 2007 Bonds then Outstanding. So long as no Event of Default shall
have occurred and be continuing, any amount in a subaccount of the Reserve Account in
excess of the Reserve Requirement for the related series of Bonds on the fourth Business
Day preceding each Interest Payment Date, shall be withdrawn from the respective
subaccount of the Reserve Account by the Trustee and deposited in the Interest Account.
The Agency shall have the right at any time to release any funds from a
subaccount of the Reserve Account, in whole or in part, by tendering to the Trustee: (i) a
Qualified Reserve Account Credit Instrument, (ii) an opinion of Bond Counsel stating
that neither the release of such funds nor the acceptance of such Qualified Reserve
Account Credit Instrument will cause interest on the Bonds to become includable in
gross income for purposes of federal income taxation. Upon tender of such items to the
Trustee, and upon delivery by the Agency to the Trustee of written calculation of the
amount permitted to be released from the applicable subaccount of the Reserve Account
(upon which calculation the Trustee may conclusively rely), the Trustee shall transfer
such funds from the applicable subaccount of the Reserve Account to the Agency free
and clear of the lien of this Indenture. The Trustee shall comply with all documentation
relating to a Qualified Reserve Account Credit Instrument as shall be required to
maintain such Qualified Reserve Account Credit Instrument in full force and effect and
as shall be required to receive payments thereunder in the event and to the extent
required to make any payment from the respective subaccount of the Reserve Account
when and as required under this subsection (d).
At least fifteen (15) days prior to the expiration of any Qualified Reserve Account
Credit Instrument, the Agency shall be obligated either (i) to replace such Qualified
Reserve Account Credit Instrument with a new Qualified Reserve Account Credit
Instrument, or (ii) to deposit or cause to be deposited with the Trustee an amount of
funds such that the amount on deposit in the applicable subaccount of the Reserve
Account is equal to the Reserve Requirement (without taking into account such expiring
Qualified Reserve Fund Credit Instrument) for the related series of the Bonds. In the
event that the Agency shall fail to take action as specified in clause (i) or (ii) of the
preceding sentence, the Trustee shall, prior to the expiration thereof, draw upon the
Qualified Reserve Account Credit Instrument in full and deposit the proceeds of such
draw in the applicable subaccount of the Reserve Account.
In the event that the Reserve Requirement for any series of the Bonds shall at any
time be maintained in a subaccount of the Reserve Account in the form of a combination
of cash and a Qualified Reserve Account Credit Instrument, the Trustee shall apply the
amount of such cash to make any payment required to be made from the applicable
-14-
subaccount of the Reserve Account before the Trustee shall draw any moneys under
such Qualified Reserve Account Credit Instrument for such purpose. In the event that
the Trustee shall at any time draw funds under a Qualified Reserve Account Credit
Instrument to make any payment then required to be made from a subaccount of the
Reserve Account, the Tax Revenues thereafter received by the Trustee, to the extent
remaining after making the other deposits (if any) then required to be made pursuant to
Section 4.03(a), (b) and (c), shall be used to reinstate the Qualified Reserve Account
Credit Instrument. If there are more than one Qualified Reserve Account Credit
Instruments held in the subaccounts of the Reserve Account, any reinstatement shall be
made upon them pro rata."
SECTION 4. Partial Invalidity. If any section, paragraph, sentence, clause or phrase of
this First Supplement shall for any reason be held illegal, invalid or unenforceable, such holding
shall not affect the validity of the remaining portions of this First Supplement. The Agency
hereby declares that it would have entered into this First Supplement and each and every other
Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the 2007
Bonds pursuant thereto irrespective of the fact that anyone or more Sections, paragraphs,
sentences. clauses, or phrases of this First Supplement may be held illegal, invalid or
unenforceable.
SECTION 5. Execution in Counterparts. This First Supplement may be executed in
several counterparts, each of which shall be an original and all of which shall constitute but one
and the same instrument.
SECTION 6. Governing Law. This First Supplement shall be construed and governed
In accordance with the laws of the State of California applicable to contracts made and
performed in such state.
-15-
IN WITNESS WHEREOF, the REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA has caused this First Supplemental Indenture of Trust to be signed in its name by
its Executive Director and attested to by its Secretary, and U.S. BANK NATIONAL
ASSOCIATION, in token of its acceptance of the trusts created hereunder, has caused this First
Supplemental Indenture of Trust to be signed in its corporate name by its officer thereunto duly
authorized, all as of the day and year first above written.
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA
By:
Executive Director
ATTEST:
By:
Secretary
U.S. BANK NATIONAL ASSOCIATION, as
Trustee
By:
Authorized Officer
20005.05,)9515
-16-
EXHIBIT A TO FIRST SUPPLEMENTAL INDENTURE OF TRUST
EXHIBIT B
FORM OF 2007 BONDS
No.
$
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF RNERSIDE
REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA
TEMECULA REDEVELOPMENT PROJECT NO.1
2007 TAX ALLOCATION BOND (SUBORDINATE LIEN)
RA TE OF INTEREST
MATURITY DATE
December 15,__
ORIGINAL ISSUE DATE
October _, 2007
CUSIP:
REGISTERED OWNER:
PRINCIPAL AMOUNT:
The REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body,
corporate and politic, duly organized and existing under and by virtue of the laws of the State
of California (the "Agency"), for value received hereby promises to pay (but only out of the Tax
Increment Revenues as that term is defined in the Indenture (defined below), and other moneys
and security hereinafter referred to, to the Registered Owner stated above or registered assigns,
on the Maturity Date stated above (subject to any right of prior redemption hereinafter
provided for), the Principal Amount stated above in lawful money of the United States of
America and to pay interest thereon at the Rate of Interest stated above in like lawful money
from the Interest Payment Date (as hereinafter defined) next preceding the date of
authentication of this Bond (unless (1) this Bond is authenticated after the close of business on
the applicable Record Date (as hereinafter defined) and on or before the following Interest
Payment Date in which event it shall bear interest from such Interest Payment Date, or (2) this
Bond is authenticated on or prior to June 1, 2008, in which event it shall bear interest from the
Original Issue Date stated above; provided, however, that if at the time of authentication of this
Bond, interest is in default on this Bond, this Bond shall bear interest from the date to which
interest has previously been paid or made available for payment on this Bond) until payment of
such Principal Amount in full, payable semiannually on each June 15 and December 15,
commencing June 15, 2008 (each an "Interest Payment Date"), calculated on the basis of a 360-
day year comprised of twelve 30-day months. Principal hereof at maturity and premium, if
any, upon earlier redemption hereof are payable upon presentment and surrender at the
corporate trust office of U.s. Bank National Association, the trustee under the Indenture (the
"Trustee") or such other place as designated by the Trustee. Interest hereon (including the final
interest payment upon maturity or earlier redemption) is payable by check of the Trustee
mailed on each Interest Payment Date by first class mail to the Registered Owner hereof, at the
Registered Owner's address as it appears on the Bond registration books maintained by the
Trustee, as of the close of business on the first calendar day of the month in which an Interest
A-I
Payment Date occurs (the "Record Date"), or by wire transfer to an owner of $1,000,000 or more
in aggregate principal amount of Bonds at such wire transfer address in the United States as
such owner shall specify in a written notice requesting payment by wire transfer delivered to
the Trustee not later than the Record Date for such payment.
This Bond is one of a duly authorized series of bonds of the Agency designated as
"Redevelopment Agency of the City of Temecula, Temecula Redevelopment Project No.1 2007
Tax Allocation Bonds (Subordinate Lien)" (the "Bonds"), in an initial aggregate principal
amount of _____ Million _______ Hundred _______ Thousand Dollars
($____), all of like tenor and date (except for such variation, if any, as may be required to
designate varying numbers, maturities, interest rates, or redemption and other provisions). The
Bonds are issued pursuant to the provisions of the Community Redevelopment Law, being Part
1 (commencing with Section 33000) of Division 24 of the Health and Safety Code of the State of
California (the "Law"), and pursuant to an Indenture of Trust, dated as of December 1, 2006,
entered into by and between the Agency and the Trustee, as amended and supplemented
pursuant to a First Supplemental Indenture of Trust, dated as of October 1, 2007, between the
Agency and the Trustee (as so amended and supplemented, the "Indenture"), authorizing the
issuance of the Bonds. The Bonds are secured under the Indenture on a parity with the
Agency's Temecula Redevelopment Project No.1 2006 Tax Allocation Bonds, Series B
(Subordinate Lien) previously issued by the Agency in the initial principal amount of $3,040,000
(the "2006 Bonds"). The Agency may issue or incur additional obligations on a parity with the
Bonds and the 2006 Bonds, but only subject to the terms of the Indenture. Reference is hereby
made to the Indenture (copies of which are on file at the office of the Agency) and all indentures
supplemental thereto and to the Law for a description of the terms on which the Bonds are
issued, the provisions with regard to the nature and extent of the Tax Increment Revenues, as
that term is defined in the Indenture, and other amounts pledged under the Indenture, and the
rights thereunder of the owners of the Bonds and the rights, duties and immunities of the
Trustee and the rights and obligations of the Agency thereunder, to all of the provisions of
which Indenture the Registered Owner of this Bond, by acceptance hereof, assents and agrees.
The Bonds have been issued by the Agency to (i) finance redevelopment activities of the
Agency; (ii) make a deposit to the Reserve Fund created under the Indenture; (iii) pay costs
related to the issuance of the Bonds; and (iv) pay interest on the Bonds for a limited period of
time.
This Bond and the interest hereon and all other Bonds and the interest thereon (to the
extent set forth in the Indenture) are payable from, and are secured by a charge and lien on the
Tax Increment Revenues derived by the Agency from the Redevelopment Project, as defined in
the Indenture, on a parity with the 2006 Bonds and any other Parity Debt (as defined in the
Indenture) to be issued by the Agency under the Indenture, but subordinate to any Senior
Obligations (as defined in the Indenture and referenced below). As and to the extent set forth in
the Indenture, all of the Tax Increment Revenues are exclusively and irrevocably pledged in
accordance with the terms hereof and the provisions of the Indenture and the Law, to the
payment of the principal of and interest and premium (if any) on the Bonds, the 2006 Bonds and
any Parity Debt, in any event subordinate to any pledge thereof with respect to any Senior
Obligations. Notwithstanding the foregoing, certain amounts out of Tax Increment Revenues
may be applied for other purposes as provided in the Indenture.
The Agency has issued its Redevelopment Agency of the City of Temecula Temecula
Redevelopment Project No.1 2002 Tax Allocation Bonds and its Redevelopment Agency of the
City of Temecula Temecula Redevelopment Project No.1 2006 Tax Allocation Bonds, Series A,
which bonds, and certain other Senior Obligations (as defined in the Indenture), are secured by
a pledge of the Tax Increment Revenues on a basis senior to that of the Bonds. The Indenture
A-2
permits the issuance of additional Senior Obligations subject to compliance with the applicable
requirements of the Indenture.
This Bond is not a debt of the City of Temecula, the State of California or any of its
political subdivisions (other than the Agency, to the limited extent set forth in the Indenture),
and neither said City, said State, nor any of its political subdivision (other than the Agency, to
the limited extent set forth in the Indenture), is liable hereon nor in any event shall this Bond be
payable out of any funds or properties other than the Tax Revenues and amounts pledged
therefor under the Indenture. The Bonds do not constitute an indebtedness within the meaning
of any constitutional or statutory debt limitation or restriction.
The rights and obligations of the Agency and the owners of the Bonds may be modified
or amended at any time in the manner, to the extent and upon the terms provided in the
Indenture, but no such modification or amendment shall permit a change in the terms of
redemption or maturity of the principal of any outstanding Bond or of any installment of
interest thereon or a reduction in the principal amount or the redemption price thereof or in the
rate of interest thereon without the consent of the owner of such Bond, or shall reduce the
percentages of the owners required to effect any such modification or amendment.
Bonds maturing on or after December 15, __, are subject to redemption in whole, or in
part among such maturities as shall be determined by the Agency and by lot within a maturity,
at the option of the Agency, on any date on or after June 15, ___ from any available source of
funds, at a redemption price equal to the principal amount thereof to be redeemed together
with accrued interest thereon to the redemption date, plus a redemption premium (expressed as
a percentage of the principal amount of the Bonds to be redeemed) as set forth in the following
table:
Redemption Period
Redemption Premium
June 15, __ through December 14,__
December 15, _ through December 14,_
December 15, __ and thereafter
2%
1
o
Bonds maturing on December 15 in the years __ and __, and the 2007 Escrow Term
Bonds are subject to redemption from sinking account payments made by the Agency, in part
by lot, on December 15 in the years set forth in the following tables, at a redemption price equal
to the principal amount thereof to be redeemed together with accrued interest thereon to the
redemption date, without premium, as set forth in the following tables:
2007 Bonds Maturing on December 15, __
Sinking Account Principal Amount
Redemption Date To Be Redeemed
iPecember 15) or Purchased
A-3
2007 Bonds Maturing on December 15,_
Sinking Account Principal Amount
Redemption Date To Be Redeemed
iPecember 15) or Purchased
2007 Escrow Term Bonds Maturing on
December 15,2038
Sinking Account
Redemption Date
iPecember 15)
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038 (maturity)
Principal Amount
To Be Redeemed
or Purchased
The 2007 Escrow Term Bonds maturing on December 15, 2038, are also subject to
redemption on June 15, 2010 (or on such later date as may be established pursuant to the
Indenture), from the amount, if any, transferred to the Redemption Account from the 2007
Escrow Fund under and as such terms are defined in the Indenture, at a redemption price equal
to the principal amount thereof to be redeemed, together with accrued interest thereon to the
redemption date, without premium.
A-4
As provided in the Indenture, notice of redemption shall be mailed by first class mail
not less than thirty (30) nor more than sixty (60) days prior to the redemption date to the
respective owners of any Bonds designated for redemption at their addresses appearing on the
Bond registration books of the Trustee, but neither failure to receive such notice nor any defect
in the notice so mailed shall effect the sufficiency of the proceedings for redemption.
If this Bond is called for redemption and payment is duly provided therefor as specified
in the Indenture, interest shall cease to accrue hereon from and after the date fixed for
redemption.
The Bonds are issuable as fully-registered bonds without coupons in denominations of
$5,000 or any integral multiple thereof. Subject to the limitations and conditions and upon
payment of the charges, if any, as provided in the Indenture, Bonds may be exchanged for a like
aggregate principal amount of Bonds of other authorized denominations and of the same
maturity.
This Bond is transferable by the Registered Owner hereof, in person or by his attorney
duly authorized in writing at said offices of the Trustee, but only in the manner and subject to
the limitations provided in the Indenture, and upon surrender and cancellation of this Bond.
Upon registration of such transfer a new fully-registered Bond or Bonds, of authorized
denomination or denominations for the same aggregate principal amount and of the same
maturity, will be issued to the transferee in exchange therefor. The Trustee shall not be
required to register the transfer or exchange of Bonds (i) between the date which is fifteen days
before selection of Bonds for redemption and the date of mailing notice of redemption, and (ii)
as to any Bond selected for redemption.
The Agency and the Trustee may treat the Registered Owner hereof as the absolute
owner hereof for all purposes, and the Agency and the Trustee shall not be affected by any
notice to the contrary.
Unless this Bond is presented by an authorized representative of The Depository Trust
Company, a New York corporation (UDTCU), to the Agency or the Trustee for registration of
transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or
in such other name as is requested by an authorized representative of DTC (and any payment is
made to Cede & Co. or to such other entity as is requested by an authorized representative of
DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE
BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede &
Co., has an interest herein.
It is hereby certified that all of the things, conditions and acts required to exist, to have
happened or to have been performed precedent to and in the issuance of this Bond do exist,
have happened or have been performed in due and regular time, form and manner as required
by the Law and the laws of the State of California and that the amount of this Bond, together
with all other indebtedness of the Agency, does not exceed any limit prescribed by the Law or
any laws of the State of California. and is not in excess of the amount of Bonds permitted to be
issued under the Indenture.
This Bond shall not be entitled to any benefit under the Indenture or become valid or
obligatory for any purpose until the Certificate of Authentication hereon endorsed shall have
been manually signed and dated by the Trustee.
A-5
IN WITNESS WHEREOF, the Redevelopment Agency of the City of Temecula has
caused this Bond to be executed in its name and on its behalf with the facsimile signature of its
Chairperson and its seal to be reproduced hereon and attested to by the facsimile signature of
its Secretary, all as of the Original Issue Date specified above.
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA
[SEAL]
By
Chairperson
Attest:
Secretary
TRUSTEE'S CERTIFICATE OF AUTHENTICATION
This is one of the Bonds described in the within-mentioned Indenture.
Dated:
U.S. BANK NATIONAL ASSOCIATION, as
Trustee
By
Authorized Signatory
A-6
ASSIGNMENT
For value received, the undersigned do(es) hereby sell, assign and transfer unto
(Name, Address and Tax Identification or Social Security Number of Assignee)
the within Bond and do(es) hereby irrevocably constitute(s) and appoint(s)
attorney, to transfer the same on the registration books of the Trustee with full power of
substitution in the premises.
Dated:
Signature Guarantee:
NOTICE: SIgnature(s) must be guaranteed by an
eligible guarantor institution (banks, stock brokers,
savings and loan associations and credit rmions with
membership in an approved signature guarantee
medallion program) pursuant to Securities and
Exchange Conunission Rule 17 Ad-IS.
NOTICE: The signature(s) on this Assignment must
correspond with the name(s) as written on the face of
the within Certificate in every particular, without
alteration or enlargement or any change whatsoever.
A-7
Agenda Draft dated September 14, 2007
APPENDIX E
FORM OF CONTINUING DISCLOSURE CERTIFICATE
This C( lNTINUING DISCL< lSURE CERTIFIC ATE (the "Disclosure Certificate") is executed and
delivered by the Redeveloprnent Agency of the City of Ternecula (the "Agency") and acknowledged by u.s.
Bank National Association, a national banking association, organized and existing under and by virtue ofthe
laws of the United States of America, as trustee (the "Trustee") and in its capacity as dissernination agent
(the "Dissernination AgenC), in connection with the issuance of $ aggregate principal arnount
of Redeveloprnent Agency of the City of Ternecula Ternecula Redeveloprnent Project No. 1 2007 Tax
Allocation Bonds (Subordinate Lien) (the "2007 Bonds"). The 2007 Bonds are being issued under an
Indenture of Trust, dated as ofDecernber 1,2006 (the "Original Subordinate Indenture"), as supplernented
by a First Supplernental Indenture of Trust, dated as of October 1, 2007 (the "First Supplement"), each by
and between the Agency and U.S. Bank National Association, as trustee (the "Trustee") and together with
the (lriginal Subordinate Indenture and the First Supplernent (the" Subordinate Indenture"). Pursuant to the
Subordinate Indenture, the Agency hereby covenants and agrees as follows:
Section 1. Puroose of the Disclosure Certificate. This Disclosure Certificate is being executed and
delivered by the Agency for the benefit of the owners and beneficial owners of the 2007 Bonds and in order
to assist the Participating Underwriter in cornplying with S.E.C. Rule 15c2-12(b)(5).
Section 2. Definitions. In addition to the definitions set forth in the Subordinate Indenture, which
apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section,
the following capitalized terrns shall have the following rneanings:
"Annual Report" shall rnean any Annual Report provided by the Agency pursuant to, and described
in, Sections 3 and 4 of this Disclosure Certificate.
"Disclosure Representative" shall rnean the Executive Director ofthe Agency, or his or her designee,
or such other officer or employee as the Agency shall designate in writing to the Trustee frorn tirne to time.
"Dissemination Agent" shall rnean U. S. Bank National Association, or any successor Dissernination
Agent designated in writing by the Agency and the Trustee and which has filed with the Agency and the
Trustee a written acceptance of such designation.
"Listed Events" shall rnean any of the events listed in Section 5(a) of this Disclosure Certificate.
"National Repository" shall rnean any Nationally Recognized Municipal Securities Information
Repository for purposes of the Rule. Inforrnation on the National Repositories as of a particular date is
available on the Internet at www.sec.gov/info/rnunicipaVnrrnsir.htrn.
"( lfficial Statement" shall rnean the (lfficial Staternent dated
distributed in connection with the initial sale of the 2007 Bonds.
, 2007, prepared and
"Participating Underwriter" shall rnean the original underwriter of the 2007 Bonds required to
cornply with the Rule in connection with the offering of the 2007 Bonds.
E-l
"Repository" shall rnean each National Repository and each State Repository.
"Rule" shall rnean Rule 15c2-12(b)( 5) adopted by the Securities and Exchange Commission under
the Securities Exchange Act of 1934, as the sarne rnay be arnended frorn tirne to time.
"State Repository" shall rnean any public or private repository or entity designated by the State of
California as a state repository for the purpose of the Rule and recognized as such by the Securities and
Exchange Commission. As of the date of this Disclosure Certificate, there is no State Repository.
Section 3. Provision of Annual Reoorts.
(a) The Agency shall provide, or shall cause the Dissemination Agent to provide, each
Repository an Annual Report which is consistent with the requirernents of Section 4 of this Disclosure
Certificate not later than eight (8) rnonths after the end of the Agency's fiscal year (which date currently
would be the first day of March, based upon the June 30 end of the Agency's fiscal year), commencing with
the report for the 2006-07 Fiscal Year.
(b) Not later than fifteen (15) Business Days prior to said date, the Agency shall provide the
Annual Report in a form suitable for reporting to the Repositories to the Dissemination Agent (if other than
the Agency) and the Trustee. The Annual Report rnay be subrnitted as a single docurnent or as separate
docurnents cornprising a package, and rnay include by reference other information as provided in Section 4
of this Disclosure Certificate;providedthat the audited financial staternents of the Agencyrnay be subrnitted
separately frorn the balance of the Annual Report and later than the date required above for the filing of the
Annual Report if not available by that date. If the Agency's fiscal year changes, it shall give notice of such
change in the sarne rnanner as for a Listed Event under Section 5(c).
The Annual Report rnay be provided in electronic format to each Repository and the Participating
Underwriter and rnay be provided through the services of a "central post office" approved by the Securities
and Exchange Commission. For exarnple, any filing under this Disclosure Certificate rnay be rnade solely
by transrnitting such filing to the Texas Municipal Advisory Council (the "MAC") as provided at
http://www.disclosureusa.orgunless the United States Securities and Exchange Cornrnissionhas withdrawn
the interpretive advice in its letter to the MAC, dated Septernber 7, 2004.
(c) If the Agency is unable to provide to the Repositories and to the Participating Underwriter
an Annual Report by the date required in subsection (a), the Agency shall send a notice to the Repositories
and the appropriate State Repository, if any (or, alternatively, to a "central post office"), in substantially the
form attached as Exhibit A.
(d) The Dissernination Agent shall:
(i) deterrnine each year prior to the date for providing the Annual Report the narne and
address of each National Repository and each State Repository, if any; and
(ii) ifthe Dissernination Agent is other than the Agency, and ifthe Agency has provided
an Annual Report in final form to the Dissemination Agent for dissernination, file
a report with the Agency and the Trustee certifying that the Annual Report has been
provided to the Repositories (or, alternatively, to a "central post office") pursuant
to this Disclosure Certificate, stating the date it was provided and listing all the
Repositories (or, alternatively, to a "central post office") to which it was provided.
E-2
Section 4. Content of Annual Reoorts. The Agency's Annual Report shall contain or incorporate
by reference the following:
(a) Audited Financial Statements prepared in accordance with generally accepted accounting
principles as prornulgated to apply to govemrnent entities frorn tirne to tirne by the Governmental Accounting
Standards Board. If the Agency's audited financial staternents are not available by the tirne the Annual
Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial
staternents in a format sirnilar to the financial staternents contained in the final (lfficial Staternent, and the
audited financial statements shall be filed in the sarne rnanner as the Annual Report when they becorne
available.
(b)
Staternent.
The following financial information and operating data set forth in the final Official
(i) Ten largest property tax payers in the Project Area, includingnarne, total value and
percentage of total value substantially in the format set forth as Table 3 of the
Official Staternent
(ii) Annual assessed valuations, tax incrernent values, Tax Increment Revenues (as
defined in the Subordinate Indenture) and coverage ratio of Tax Incrernent
Revenues to debt service on 2007 Bonds and all Parity Debt (as defined in the
Official Staternent), in substantially the formats set forth as Tables 2 and 5 of the
(lfficial Staternent; and
(iii) Discussion of any property tax appeals, which, either alone or in the aggregate
could have a rnaterial adverse effect on Tax Incrernent Revenues.
(c) The following information regarding the 2007 Bonds:
(i) Balances in all funds and accounts rnaintained with respect to the 2007 Bonds;
(ii) A staternent of the Reserve Requirernent for each Series of Bonds; and
(iii) (lutstandingprincipal arnount ofthe 2002 Bonds, the 2006 Bonds, the 2007 Bonds,
any Parity Bonds and Subordinate Debt (as defined in the Official Statement).
Any or all of the iterns listed above rnay be included by specific reference to other docurnents,
including official staternents of debt issues of the Agency or related public entities, which have been
subrnitted to each of the Repositories or the Securities and Exchange Commission. If the docurnent included
by reference is a final official staternent, it rnust be available frorn the Municipal Securities Rulernaking
Board. The Agency shall clearly identify each such other docurnent so included by reference.
A forrn of information cover sheet for rnunicipal secondary rnarket disclosure recommended by the
Municipal Securities Rulemaking Board is attached as Exhibit B.
E-3
Section 5. Reoortino: of Si<mificant Events.
(a) Pursuant to the provisions of this Section 5, the Agency shall give, or cause to be given,
notice of the occurrence of any of the following events with respect to the 2007 Bonds, if rnaterial:
(i) Principal and interest payrnent delinquencies;
(ii) Non-payrnent related defaults;
(iii) Unscheduled draws on debt service reserves reflecting financial difficulties;
(iv) Unscheduled draws on credit enhancernents reflecting financial difficulties;
(v) Substitution of credit or liquidity providers, or their failure to perform;
(vi) Adverse tax opinions or events affecting the tax-exernpt status of the security;
(vii) Modifications to rights of security holders;
(viii) Contingent or unscheduled bond calls;
(ix) Defeasances;
(x) Release, substitntion, or sale of property securingrepayrnent of the securities; and
(xi) Rating changes.
(b) As soon as practicable based on the tirne needed to discover the occurrence of a Listed
Event, to assess its rnateriality, and to prepare and disserninate the notice, the Agency shall prornptly file a
notice of such occurrence with the National Repositories or with the Municipal Securities Rulemaking Board
and each State Repository (or, alternatively, to a "central post office"). Notwithstanding the foregoing,
notice of Listed Events described in subsections (a )(viii) and (ix) need not be given under this subsection any
earlier than the notice (if any) of the underlying event is given to owners of affected 2007 Bonds pursuant
to the Subordinate Indentnre. The Dissernination Agent shall have no responsibility for such determination
and shall be entitled to conclusively rely on the Agency's determination.
Section 6. Termination of Reoortino- Oblio-ation. All of the Agency's obligations hereunder shall
terrninate upon the earliest to occur of (i) the legal defeasance of the 2007 Bonds, (ii) prior redernption of
the 2007 Bonds, (iii) payrnent in full of all the 2007 Bonds or (iv) upon the delivery to the Dissernination
Agent of an opinion of nationally recognized bond counsel to the effect that continuing disclosure is no
longer required. If such determination occurs prior to the final rnatnrity of the 2007 Bonds, the Agency shall
give notice of such terrnination in the sarne rnanner as for a Listed Event under Section 5(c).
Section 7. Dissernination Ao:ent. The Agency rnay, frorn tirne to time, appoint or engage a
Dissemination Agent to assist in carrying out its obligations under this Disclosure Certificate, and rnay
discharge any such Agent, with or without appointing a successor Dissernination Agent. The Dissernination
Agent rnay resign by providing thirty days' prior written notice to the Agency and the Trustee. The
Dissemination Agent shall have no duty to prepare any information report nor shall the Dissernination Agent
E-4
be responsible for filing any report not provided to it by the Agency in a tirnely rnanner and in a form suitable
for filing. The Dissemination Agent shall not be responsible in any rnanner for the content of any notice or
report prepared by the Agency pursuant to this Disclosure Certificate. The initial Dissernination Agent shall
be u.s. Bank National Association. If at any tirne there is no designated Dissemination Agent appointed by
the Agency, or if the Dissernination Agent so appointed is unwilling or unable to perforrn the duties of
Dissemination Agent hereunder, the Agency shall be the Dissernination Agent and undertake or assurne its
obligations hereunder.
Any cornpany succeeding to all or substantially all of the Dissemination Agent's corporate trust
business shall be the successor to the Dissemination Agent hereunder without the execution or filing of any
paper or any further act, but should notify the Agency, in writing, of such occurrence.
The Dissernination Agent shall be paid cornpensation by the Agency for its services provided
hereunder in accordance with its schedule of fees as agreed to between the Dissemination Agent and the
Agency frorn time to tirne and for all expenses, legal fees and advances rnade or incurred by the
Dissemination Agent in the perforrnance of its duties hereunder. The Dissemination Agent shall have no
duty or obligation to review any information provided to it by the Agency hereunder and shall not be deerned
to be acting in any fiduciary capacity for the Agency, owners or beneficial owners or any other party. The
Dissemination Agent rnay rely and shall be protected in acting or refraining frorn acting upon any direction
frorn the Agency or an opinion of nationally recognized bond counsel.
Section 8. Amendrnent Waiver. Notwithstanding any other provision of this Disclosure Certificate,
the Agency rnay arnend this Disclosure Certificate, and any provision of this Disclosure Certificate rnay be
waived, provided that the following conditions are satisfied:
(a) if the arnendrnent or waiver relates to the provisions of Sections 3( a), 4 or 5( a), it rnay only
be rnade in connection with a change in circurnstances that arises frorn a change in legal requirernents,
change in law, or change in the identity, natnre, or statns of an obligated person with respect to the 2007
Bonds, or type of business conducted;
(b) the undertakings herein, as proposed to be arnended or waived, would, in the opinion of
nationally recognized bond counsel, have cornplied with the requirernents of the Rule at the time of the
primary offering of the 2007 Bonds, after taking into account any arnendrnents or interpretations of the Rule,
as well as any change in circurnstances; and
(c) the proposed arnendrnent or waiver either (i) is approved by owners of the 2007 Bonds in
the rnanner provided in the Subordinate Indenture, or (ii) does not, in the opinion of a nationally recognized
bond counsel, rnaterially irnpair the interests of the owners or beneficial owners of the 2007 Bonds.
In the event of any arnendrnent or waiver of a provision of this Disclosure Certificate, the Agency
shall describe such arnendrnent in the next Annual Report, and shall include, as applicable, a narrative
explanation of the reason for the arnendrnent or waiver and its irnpact on the type (or, in the case of a change
of accounting principles, on the presentation) of financial information or operating data being presented.
If an arnendrnent is rnade to the undertaking specifying the accounting principles to be followed in
preparing financial staternents, the annual financial inforrnation for the year in which the change is rnade
shall present a cornparison between the financial staternents or information prepared on the basis of the new
accounting principles and those prepared on the basis of the former accounting principles. The cornparison
E-5
shall include a qualitative discussion of the differences in the accounting principles and the impact of the
change in the accounting principles on the presentation of the financial information in order to provide
information to investors to enable them to evaluate the ability of the Agency to rneet its obligations. To the
extent reasonably feasible, the cornparison shall be quantitative. A notice of the change in the accounting
principles shall be sent to the Repositories in the sarne rnanner as for a Listed Event under Section 5(c).
The Agency shall not arnend this Disclosure Certificate in a rnanner which affects the rights and
obligations of the Dissemination Agent without receiving the written approval of the then acting
Dissemination Agent.
Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent
the Agency frorn disseminating any other information, using the rneans of dissernination set forth in this
Disclosure Certificate or any other rneans of communication, or including any other information in any
Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this
Disclosure Certificate. If the Agency chooses to include any information in any Annual Report or notice of
occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate,
the Agency shall have no obligation under this Disclosure Certificate to update such information or include
it in any future Annual Report or notice of occurrence of a Listed Event.
Section 10. Default. In the event of a failure of the Agency to cornply with any provision of this
Disclosure Certificate any owner or beneficial owner of the 2007 Bonds rnay take such actions as rnay be
necessary and appropriate, including seeking rnandate or specific performance by court order, to cause the
Agency to cornply with its obligations under this Disclosure Certificate. A default under this Disclosure
Certificate shall not be deerned an Event of Default under the Subordinate Indenture, and the sole rernedy
under this Disclosure Certificate in the event of any failure of the Agency to cornply with this Disclosure
Certificate shall be an action to cornpel performance.
Section 11. Duties. Imrnunities and Liabilities of Dissemination AQ:ent. All of the imrnunities,
indenmities and exceptions frorn liability in Article VI of the Subordinate Indentnre insofar as they relate
to the Trustee shall apply to the Trustee and the Dissemination Agent in this Disclosure Certificate. The
Dissemination Agent shall have only duties as are specifically set forth in this Disclosure Certificate, and
the Agency agrees to indemnify and save the Dissemination Agent, its officers, directors, ernployees and
agents, harrnless against any loss, expense and liabilities which it rnay incur arising out of or in the exercise
or perforrnance of its powers and duties hereunder, including the costs and expenses (including attorneys'
fees) of defending against any claim of liability, but excluding liabilities due to the Dissernination Agent's
negligence or willful rnisconduct. The Dissernination Agent rnay rely and shall be protected in acting or
refraining frorn acting upon any direction frorn the Agency or an opinion of nationally recognized bond
counsel. The obligations of the Agency under this Section shall survive resignation or removal of the
Dissemination Agent and payrnent of the 2007 Bonds. No person shall have any right to commence any
action against the Trustee or Dissemination Agent seeking any remedy other than to cornpel specific
performance of this Disclosure Certificate.
Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the
Agency, the Dissemination Agent, the Participating Underwriter and owners and beneficial owners frorn time
to tirne of the 2007 Bonds, and shall create no rights in any other person or entity.
Section 13. Notices. Any notice or communications to or arnong any of the parties to this
Disclosure Certificate shall be given to all of the following and rnay be given as follows:
E-6
If to the Agency:
If to the Trustee or
the Dissernination
Agent:
If to the
Participating
Underwriter:
Dated:
,2007
Redeveloprnent Agency of the
City of Temecula
43200 Business Park Drive
Ternecula, California 92590
Telephone: 951/694-6430
Telecopier: 951/694-6479
Attention: Treasurer
u.s. Bank National Association
633 West Fifth Street 24th Floor
LM-CA-T24T
Los Angeles, California 90071
Telephone: 213/615-6005
Telecopier: 213/615-6196
Stone & Youngberg LLC
One Ferry Building
San Francisco, California 94111
Telephone: 415/445-2300
Telecopier: 415/445-2395
Attention: Municipal Research Departrnent
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA
By:
ACCEPTANCE (IF DISSEMINATI< IN
AGENT AND TRUSTEE:
The undersigned hereby accepts the designation
of Dissernination Agent and agrees to cornply
with the duties set forth in the foregoing
Continuing Disclosure Agreement as
Dissemination Agent and Trustee
U.S. BANK NATIONAL ASSOCIATION,
as Dissernination Agent and as Trustee
By:
Authorized Signatory
E-7
EXHIBIT A
NOTICE TO MUNICIPAL SECURITIES RULEMAKING BOARD
OF FAILURE TO FILE ANNUAL REPORT
Narne ofIssuer:
Redeveloprnent Agency of the City of Ternecula
Narne of Bond Issue:
Ternecula Redeveloprnent Project No.1
2007 Tax Allocation Bonds (Subordinate Lien)
Date ofIssuance:
,2007
NOTICE IS HEREBY GIVEN that the Redeveloprnent Agency of the City of Ternecula (the
"Agency"), has not provided an Annual Report with respect to the above-narned 2007 Bonds as required by
the Continuing Disclosure Certificate, dated as of October 1, 2007, by the Agency, and as acknowledged and
agreed to by U.S. Bank National Association, as dissemination agent. [The Agency anticipates that the
Annual Report will be filed by .]
Dated:
REDEVELOPMENT AGENCY OF THE CITY
(IF TEMECULA
Authorized Officer
cc: U.S. Bank National Association
E-8
EXIDBIT B
Municipal Secondary Market Disclosure
Information Cover Sheet
This cover sheet should be sent with all submissions made to the Municipal Securities Rulemaking Board, Nationally Recognized
Municipal Securities Information Repositories, and any applicable State Information Depository, whether the filing is voluntary or
made pursuant to Securities and Exchange Commission Rule 15c2-12 or any analogous state statute.
See www.sec.gov/info/municipal/nrmsir.htmfor list of current NRMSIRs and SIDs
IF THIS FILING RELATES TO A SINGLE BOND ISSUE:
Provide name of bond issue exactly a<; it appears on the cover of the Official Statement
(please include name of state where Issuer is located):
Redevelopment Agency ofthe City of Temecula
Temecula Redevelopment Project No.1
2007 Tax Allocation Bonds (Subordinate Lien)
(Riverside County, California)
Provide nine-digit CUSIP'E1 numbers' if available, to which the information relates:
Matmity
CUSIP" No
Matmity
CUSIP" No
IF THIS FILING RELATES TO ALL SECURITIES ISSUED BY THE ISSUER OR ALL SECURITIES OF
A SPECIFIC CREDIT OR ISSUED UNDER A SINGLE INDENTURE:
Issuer's Name (please include name of state where Issuer is located):
Other Obligated Person's Name (ifanyl:
(Exactly as it appears on the Official Statement Cover)
Provide six-digit CUSIP(P) numberlS )..., if available, of Issuer:
*(Contact CUSIP'~@ Municipal Di~c1o~ure A~~i~tance Line at 212.438.6518 for a~~i~tancewith obtaining the proper CUSIP@ number~.)
E-9
TYPE OF FILING:
D Electronic (number of pages attached)
D Paper (number of pages attached)
If information is also available on the Internet, give URL.
WHAT TYPE OF INFORMATION ARE YOU PROVIDING? (Check all that apply)
A. D Annual Financial Information and Operating Data pursuant to Rule 15c2-12
(Financial information and operating data should not be filed with the MSRB.)
Fiscal Period Covered:
B. D Audited Financial S~"~':u..:u~~ or CAFR pursuant to Rule 15c2-12
Fiscal Period Covered:
C. D Notice of a Material Event pursuant to Rule 15c2-12 (Check as appropriate)
1.
D Principal and interest payment delinquencies
6.
D Adverse ta.'\: opinion.;; or events affecting the ta.-...;:-exernpt
status afthe security
D Modifications to the rights of security holders
D Bond calls
2.
D Non-payment related defaults
D Unscheduled draws on debt service reserves reflecting
financial difficulties
D Unscheduled draws on credit enhancements reflecting
financial difficulties
D Substitution of credit or liquidity providers, or their
failure to perform
7.
3.
8.
4.
9.
D Defeasances
5.
10.
D Release, substitution, or sale of property securing
repayment of the securities
D Rating changes
11.
D. D Notice of Failure to Provide Annual Financial Information as Required
E. D Other Secondary Market Information (SpecifY):
I hereby represent that I am authorized by the issuer or obligor or its agent to distribute this information publicly:
Issuer Contact:
Name
Employer
Address
Telephone
Email Address
Title
City
Fax
Issuer Web Site Address
State _ Zip Code
Dissemination Agent Contact, if any:
Name
Employer
Address
Telephone
Email Address
Title
City State
Fa.'\:
Relationship to Issuer
Zip Code
Obligor Contact, if any:
Name
Employer
Address
Telephone
Email Address
Title
City State _ Zip Code
Fax
Obligor Web site Address
Investor Relations Contact, if any:
Name
Telephone
Title
Email Address
E-lO
Agenda Draft dated September 14, 2007
$
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
TEMECULA REDEVELOPMENT PROJECT NO.1
2007 TAX ALLOCATION BONDS (SUBORDINATE LIEN)
BONDPl~CHASEAGREEMENT
,2007
Redeveloprnent Agency of the City of Ternecula
43200 Business Park Drive
Ternecula, California 92590
Ternecula Public Financing Authority
43200 Business Park Drive
Ternecula, California 92590
Ladies and Gentlemen:
Stone & Youngberg LLC (hereinafter referred to as the "Underwriter") offers to enter into this Bond
Purchase Agreernent (the "Bond Purchase Agreement") with the Redeveloprnent Agency of the City of
Ternecula (herein referred to as the "Agency") and the TemeculaPublic Financing Authority (herein referred
to as the "Authority"), which will be binding upon the Agency, the Authority and the Underwriter upon the
acceptance hereof by the Agency and the Authority. This offer is rnade subject to the acceptance hereof by
the Agency and the Authority by execution of this Bond Purchase Agreernent and its delivery to the
Underwriter on or before 9:00 A.M., California tirne, on the date hereof. All capitalized terrns used herein,
but not defined herein, shall have the rneanings ascribed thereto in the Subordinate Indenture (as hereinafter
defined) .
1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations,
warranties and agreements hereinafter set forth, the Authority agrees to purchase frorn the Agency, and the
Agency agrees to sell and deliver to the Authority, and the Underwriter hereby agrees to purchase frorn the
Authority, and the Authority agrees to sell and deliver to the Underwriter, all (but not less than all) of the
Redeveloprnent Agency of the City of Ternecula Ternecula Redeveloprnent Project No. 1 2007 Tax
AllocationBonds (Subordinate Lien) (the "2007 Bonds,") in the aggregate principal arnount of$
The purchase price of the 2007 Bonds is $ (which is the aggregate principal arnount of the 2007
Bonds, less an underwriting discountof$ , and less net original issue discount of$ ).
The 2007 Bonds will be dated the date of issuance thereof and will have the rnaturities, bear interest
at the rates and will be subject to redemption as set forth on Exhibit A hereto.
2. AuthorizinQ: Instrurnents and Law. The 2007 Bonds will be issued pursuant to the provision
of the Community Redeveloprnent Law of the State of California, constitnting Part 1 of Division 24 of the
Health and Safety Code of the State of California (the "Redeveloprnent Law), and Resolution No. RDA
, adopted by the Agency on , 2007 (the "Resolution"). The 2007 Bonds will be issued
TEMRDA BPAi.\\pd!.MC/702
under an Indentnre of Trust, dated as of December 1, 2006 (the "Original Subordinate Indenture"), as
supplemented by a First Supplernental Indenture of Trust, dated as of October 1, 2007 (the "First
Supplement"and together with the Original Subordinate Indentnre, the "Subordinate Indentnre"), each by
and between the Agency and U.S. Bank National Association, as trustee (the "Trustee").
The proceeds of the 2007 Bonds will be used to (i) finance redeveloprnent activities within or of
benefit to the Project Area, including establishing an escrow fund for such purposes, subject to release upon
satisfaction of certain conditions specified in the Subordinate Indenture; (ii) establish a Reserve Account for
the 2007 Bonds, and (iii) provide for the costs of issuing the 2007 Bonds.
The 2007 Bonds will be special obligations of the Agency, payable frorn and secured by a pledge
of the Tax Incrernent Revenues (as defined in the Subordinate Indenture), on a parity with any Parity Debt
(as defined in the Subordinate Indentnre) and a pledge of arnounts in certain funds and accounts established
under the Subordinate Indentnre, all as further described in the Subordinate Indenture and Final Official
Staternent (described below).
3. Public OfferinQ:. The Agency hereby ratifies, confirms and approves of the use and
distribution by the Underwriter prior to the date hereof of the prelirninary official staternent, dated
, 2007, relating to the 2007 Bonds (the "Preliminary Official Staternent"), which Preliminary
Official Statement the Agency has deerned final as of its date for purposes of Rule 15c2-12 prornulgated
under the Securities Exchange Act of 1934 (the "Rule"), except for inforrnation perrnitted to be ornitted
therefrorn by the Rule. Within seven (7) business days frorn the date hereof (or such earlier date so as to
allow the Underwriter to rneet its obligations under the Rule and Rule G-32 of the Municipal Securities
Rulernaking Board), the Agency shall deliver to the Underwriter a final official statement relating to the 2007
Bonds, executed on behalf of the Agency by an authorized representative of the Agency and dated the date
hereof, which shall include the inforrnation permitted to be ornitted in the Prelirninary Official Staternent by
paragraph (b)( 1) of the Rule and with such other arnendrnents or supplernents as shall have been approved
by the Agency and by the Underwriter (the "Final Official Statement"). The Underwriter agrees that it will
not confirrn the sale of any 2007 Bonds unless the confirrnation of sale is accornpanied or preceded by the
delivery of a copy of the Final Official Statement.
The Agency further authorizes the Underwriter to use, in connection with the offer and sale of the
2007 Bonds, the Preliminary Official Staternent, the Final Official Staternent, that certain Continuing
Disclosure Certificate, dated as of October 1, 2007 (the "Continuing Disclosure Certificate"), and the
Subordinate Indentnre (all such docurnents referred to in this sentence, together with this Bond Purchase
Agreernent are hereinafter collectively referred to as the "Financing Docurnents"), and all information
contained herein and therein and all other docurnents, agreements, certificates or written statements furnished
by the Agency to the Underwriter or entered into by the Agency in connection with the transactions
conternplated by this Bond Purchase Agreement and the 2007 Bonds.
The Agency will undertake, pursuant to the Subordinate Indenture and the Continuing Disclosure
Certificate, to provide certain annual financial information and notices of the occurrence of certain events,
if rnaterial. A description of this undertaking is set forth in the Prelirninary Official Staternent and will also
be set forth in the Final Official Statement.
The Underwriter agrees to rnake a bona fide offering of all the 2007 Bonds initially at the public
offering prices (or yields) set forth on the inside cover page of the Final Official Staternent. Subsequent to
the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields)
TEMRDA BPAi.\\pd!.MC/702
2
as they deern necessary in connection with the rnarketing of the 2007 Bonds. The 2007 Bonds rnay be
offered and sold to certain dealers at prices lower than such initial public offering prices.
4. The ClosinQ:. At 8:00 A.M" California tirne, on ,2007, or at such other tirne or
on such earlier or later business day as shall have been rnutnally agreed upon by the Authority, the Agency
and the Underwriter, the Agency will release the 2007 Bonds to the Authority, and the Authority will, subject
to the terrns and conditions hereof, cause The Depository Trust Cornpany in New York, New York ("DTC")
to release the 2007 Bonds for the beneficial ownership of the Underwriter and the Agency will deliver to the
Underwriter the other docurnents hereinafter rnentioned at the offices of Quint & Thimmig LLP, San
Francisco, California ("Bond Counsel"), or another place to be rnutually agreed upon by the Agency and the
Underwriter. The Underwriter will accept such delivery and pay the purchase price of the 2007 Bonds as
set forth in Section 1 hereof payable in immediately available funds to the order of the Agency on the date
of Closing (as hereinafter defined). This payrnent and delivery, together with the delivery of the
aforementioned docurnents, is herein called the "Closing."
5. AQ:encv Reoresentations. Warranties and Covenants. The Agency represents, warrants and
covenants to the Underwriter and the Authority that:
(a) The Agency is a public body, corporate and politic, organized and existing under the
Constitution (the "Constitntion") and laws of the State of California (the "State"), including the
Redeveloprnent Law, with full right, power and authority to sell, issue and deliver the 2007 Bonds to the
Authority for sale to the Underwriter as provided herein, and to execute, deliver and perform its obligations
under the 2007 Bonds, this Bond Purchase Agreernent, the Continuing Disclosure Certificate and the
Subordinate Indenture.
(b) This Bond Purchase Agreernent, the 2007 Bonds, the Continuing Disclosure Certificate and
the Subordinate Indenture, when duly executed and delivered by all parties thereto, will constitute valid, legal
and binding obligations of the Agency enforceable against the Agency in accordance with their respective
terrns, except as the enforceability thereof rnay be lirnited by the application of equitable principles, if
equitable rernedies are sought, or by applicable bankruptcy, insolvency or other sirnilar laws affecting the
enforcement of creditors' rights generally.
(c) The Agency has, and at the date of the Closing will have, the full legal right, power and
authority to enter into this Bond Purchase Agreernent, the Continuing Disclosure Certificate and the
Subordinate Indenture, to issue and deliver the 2007 Bonds for sale to the Authority and resale to the
Underwriter as provided herein, and will have duly authorized and approved the execution and delivery of,
and the performance by the Agency of its obligations contained in, the 2007 Bonds, this Bond Purchase
Agreernent, the Continuing Disclosure Certificate and the Subordinate Indentnre.
(d) As of the date thereof, the Final Official Staternent did not contain any untrue statement of
a rnaterial fact or ornit to state a rnaterial fact required to be stated therein or necessary to rnake the
staternents therein, in light of the circurnstances under which they were rnade, not rnisleading.
(e) Ifbetween the date hereof and the date which is 25 days after the End of the Underwriting
Period (as hereinafter defined) for the 2007 Bonds, an event occurs of which the Agency has knowledge and
whichrnight or would cause the information contained in the Final Official Statement, as then supplernented
or arnended, to contain any untrue staternent of a rnaterial fact or to ornit to state a rnaterial fact required to
be stated therein or necessary to rnake the information therein, in the light of the circurnstances under which
it was presented, not rnisleading, the Agency will notify the Underwriter, and, if in the opinion of the
TEMRDA BPAi.\\pd!.MC/702
3
Agency, Disclosure Counsel, the Underwriter or its counsel, such event requires the preparation and
publication of a supplernent or arnendrnent to the Final Official Statement, the Agency will forthwith prepare
and furnish to the Underwriter (at the expense of the Agency) a reasonable nurnber of copies of an
arnendrnent of or supplernent to the Final Official Staternent (in forrn and substance satisfactory to Bond
Counsel, Disclosure Counsel and Counsel for the Underwriter) which will arnend or supplernent the Final
Official Statement so that it will not contain any untrue statement of a rnaterial fact or ornit to state a rnaterial
fact necessary in order to rnake the statements therein, in the light of the circurnstances existing at the tirne
the Final Official Staternent is delivered to the Underwriter, not rnisleading. For the purposes of this
subsection, between the date hereof and the date which is 25 days after the End of the Underwriting Period
for the 2007 Bonds, the Agency will furnish such information with respect to itself as the Underwriter rnay
frorn time to tirne reasonably request.
(f) If the information contained in the Final Official Staternent is arnended or supplemented
pursuant to paragraph (e) hereof, at the tirne of each supplement or arnendrnent thereto, the portions of the
Final Official Statement so supplemented or arnended (including any financial and statistical data contained
therein) will not contain any untrue statement of a rnaterial fact or ornit to state a rnaterial fact required to
be stated therein or necessary to rnake the information therein, in the light of the circurnstances under which
it was presented, not rnisleading.
(g) As used herein and for the purposes of the foregoing, the term "End of the Underwriting
Period" for the 2007 Bonds shall rnean the earlier of (i) the Closing Date unless the Agency shall have been
notified in writing to the contrary by the Underwriter on or prior to the Closing Date, or (ii) the date on which
the End of the Underwriting Period for the 2007 Bonds has occurred under the Rule; provided. however, that
the Agency rnay treat as the End of the Underwriting Period for the 2007 Bonds the date specified as such
in a notice frorn the Underwriter stating the date which is the End of the Underwriting Period.
(h) At the time of the Closing, there shall not have been any rnaterial adverse changes in the
financial condition of the Agency or any rnaterial adverse change in the valuation of taxable property in the
Project Area (as described in the Final Official Staternent) since the date of the Final Official Staternent.
(i) As ofthetirne of acceptance hereof and as of the time of the Closing, the Agency is not and
will not be in rnaterial breach of or in rnaterial default under any applicable law or adrninistrative regnlation
of the State or the United States of America, or any applicable judgment or decree or any trust agreement,
loan agreernent, bond, note, resolution, ordinance, agreernent or other instrurnent to which the Agency is a
party or is otherwise subject which breach would have a rnaterial adverse effect on the 2007 Bonds; and, as
of such tirnes, the execution and delivery by the Agency of this Bond Purchase Agreement, the Subordinate
Indenture, the Continuing Disclosure Certificate and the 2007 Bonds, and cornpliance by the Agency with
the provisions of each of such agreernents or instrurnents do not and will not conflict with or constitnte a
breach of or default under any applicable law or adrninistrative regnlation of the State or the United States
of America applicable to the Agency or any applicable judgment or decree or any trust agreernent, loan
agreement, bond, note, resolution, ordinance, agreement or other instrurnent to which the Agency is a party
or is otherwise subject which breach or default would have a rnaterial adverse effect on the 2007 Bonds.
(j) Between the tirne of acceptance hereof and the Closing, the Agency will not, without the
prior written consent of the Underwriter, issue any 2007 Bonds or securities with a pledge of or lien on the
Tax Increment Revenues.
(k) As of the tirne of acceptance hereof and the Closing, and except as described in the Final
Official Statement, no litigation is or will be pending and served upon the Agency or, to the knowledge of
TEMRDA BPAi.\\pd!.MC/702
4
the Agency, threatened in any court (i) in any way challenging any rnernber of the Agency, or the
Chairperson of the Agency, to their respective offices, or (ii) seeking to restrain or enjoin the issuance or
delivery of any of the 2007 Bonds, or the collection of the Tax Increment Revenues which are pledged to pay
the principal of and interest on the 2007 Bonds, or in any way contesting or affecting the validity of the 2007
Bonds, this Bond Purchase Agreement, the Subordinate Indentnre, the Continuing Disclosure Certificate or
the collection of the Tax Incrernent Revenues, or the pledge of the Tax Incrernent Revenues under the
Subordinate Indenture, or contesting the powers of the Agency or its authority for the issuance of the 2007
Bonds, or (iii) contesting in any way the cornpleteness, accuracy or fairness of the Final Official Statement.
(I) As of the time of acceptance hereof and as of the date of the Closing, the Agency does not
and will not have outstanding any indebtedness, which indebtedness is secured by a lien on the Tax
Incrernent Revenues of the Agency superior to or on a parity with the lien of the 2007 Bonds on the Tax
Incrernent Revenues except as otherwise described in the Final Official Staternent.
(rn) The Agency will furnish such inforrnation, execute such instrurnents and take such other
action in cooperation with the Underwriter, at the expense of the Underwriter, as it rnay reasonably request
in order to qualify the 2007 Bonds for offer and sale under the "blue shey" or other securities laws and
regnlations of such states and other jurisdictions of the United States of America as the Underwriter rnay
designate; provided. however, that the Agency will not be required to execute a special or general consent
to service of process or qualify as a foreign corporation in connection with any such qualification in any
jurisdiction.
(n) At the tirne of acceptance hereof and as of the date of the Closing, all approvals, consents
or orders required of the Agency by any governmental authority, board, agency or commission having
jurisdiction which would constitute conditions precedent to the performance by the Agency of its obligations
under this Bond Purchase Agreernent, the 2007 Bonds, the Subordinate Indenture and the Continuing
Disclosure Certificate have been obtained.
(0) The 2007 Bonds are subordinate to the pledge of and lien on the Tax Increment Revenues
under the Senior Indenture (as defined below).
(p) The Agency is in cornpliance with its statutory reporting requirernents under the
Redeveloprnent Law and the Agency has no "excess surplus" as defined in California Health and Safety Code
Section 33334.12(g)(i).
6. Reoresentations. Warranties and A!ITeements of the Authoritv. The Authority represents,
warrants and agrees with the Agency and the Underwriter as follows:
(a) The Authority is a joint exercise of powers authority duly organized and validly existing
under the laws of the State of California.
(b) The Authority has full legal right, power and authority to enter into this Bond Purchase
Agreernent, and to perforrn the actions on its part contemplated hereby.
(c) By all necessary official action, the Authority has duly authorized and approved the
execution and delivery of, and the perforrnance by the Authority of the obligations on its part contained in
this Bond Purchase Agreement.
TEMRDA BPAi.\\pd!.MC/702
5
(d) As of the date hereof, there is no action, suit, proceeding, inquiry or investigation, notice of
which has been served on the Authority, at law or in equity before or by any court, government agency,
public board or body, pending or to the best knowledge of the officer of the Authority executing this Bond
Purchase Agreement, threatened against the Authority, affecting the existence of the Authority or the titles
of its officers to their respective offices, or affecting or seeking to prohibit, restrain or enjoin the sale,
issuance or delivery of the 2007 Bonds or the execution and delivery by the Authority of this Bond Purchase
Agreernent, nor, to the best knowledge of the officer of the Authority executing this Bond Purchase
Agreernent, is there any basis for any such action, suit, proceeding, inquiry or investigation, wherein an
unfavorable decision, ruling or finding would rnaterially adversely affect the authorization, execution,
delivery or performance by the Authority of this Bond Purchase Agreernent.
(e) Any certificate signed by any officer of the Authority and delivered to the Underwriter
pursuant to this Bond Purchase Agreernent, or any docurnent contemplated hereby shall be deerned a
representation and warranty by the Authority to the Underwriter as to the statements rnade therein.
7. ClosinQ: Conditions. The Underwriter has entered into this Bond Purchase Agreernent in
reliance upon the representations, warranties and covenants ofthe Authority and the Agency contained herein
and the perforrnance by the Authority and the Agency of their respective obligations hereunder, both as of
the date hereof and as of the date of the Closing. The Underwriter's obligations under this Bond Purchase
Agreernent also are and shall be subject to the following conditions:
(a) At the Closing Date, the 2007 Bonds, the Bond Purchase Agreernent, the Subordinate
Indenture, the Continuing Disclosure Certificate and the Final Official Staternent shall have been duly
authorized, executed and delivered by the respective parties thereto, in substantially the forms heretofore
subrnitted to the Underwriter with only such changes as shall have been agreed to by the Underwriter, and
said agreements shall not have been arnended, rnodified or supplernented, except as rnay have been agreed
to by the Underwriter, and there shall have been taken in connection therewith, with the issuance of the 2007
Bonds and with the transactions contemplated thereby and by this Bond Purchase Agreernent, all such actions
as Bond Counsel shall deern to be necessary and appropriate.
(b) The representations and warranties of the Authority and the Agency contained in this Bond
Purchase Agreernent, the Subordinate Indenture and the Continuing Disclosure Certificate shall be true and
correct in all rnaterial respects on the date hereof and on the Closing Date, as if rnade again on the Closing
Date, and the Final Official Statement (as the sarne rnay be supplernented or arnended with the written
approval of the Underwriter) shall be true and correct in all rnaterial respects and shall not contain any untrue
staternent or fact or ornit to state any fact required to be stated therein or necessary to rnake the staternents
therein, in light of the circurnstances under which such statements were rnade, not rnisleading.
(c) At the time of the Closing, the Authority and the Agency shall perforrn or have performed
all of their obligations required under or specified in the Financing Docurnents at or prior to the Closing.
(d) At the tirne of the Closing, no default shall have occurred or be existing under the Bond
Purchase Agreernent, the Subordinate Indenture and the Continuing Disclosure Certificate and the Agency
shall not be in default in the payrnent of principal or interest on any of its indebtedness which default shall
rnaterially adversely impact the ability of the Agency to repay the 2007 Bonds.
(e) In recognition of the desire of the Agency and the Underwriter to effect a successful public
offering of the 2007 Bonds, and in view of the potential adverse irnpact of any of the following events on
TEMRDA BPAi.\\pd!.MC/702
6
such a public offering, the Underwriter shall have the right to terminate this Bond Purchase Agreement by
written notification to the Agency and the Authority if at any tirne at or prior to the Closing:
(i) the rnarketability of the 2007 Bonds or thernarket price thereof, in the reasonable opinion
of the Underwriter, has been rnaterially adversely affected by any event occurring which causes any
staternent contained in the Final Official Staternent to be rnaterially rnisleading or results in a failure
of the Final Official Staternent to state a rnaterial fact necessary to rnake the staternents in the Final
Official Statement, in the light of the circurnstances under which they were rnade, not rnisleading;
or
(ii) the rnarketability of the 2007 Bonds or the rnarket price thereof, in the reasonable
opinion of the Underwriter, has been rnaterially adversely affected by an arnendrnent to the
Constitution of the United States of America or by any legislation in or by the Congress of the
United States of America or by the State, or the arnendrnent of legislation pending as of the date of
this Bond Purchase Agreernent in the Congress of the United States of America, or the
recommendation to Congress or endorsernent for passage (by press release, other form of notice or
otherwise) oflegislation by the President of the United States of America, the Treasury Departrnent
of the United States of America, the Internal Revenue Service or the Chairperson orranking rninority
rnernber of the Committee on Finance of the United States Senate or the Cornrnittee on Ways and
Means of the United States House of Representatives, or the proposal for consideration oflegislation
by either such Committee or by any rnember thereof, or the presentrnent of legislation for
consideration as an option by either such Committee, or by the staff of the Joint Cornrnittee on
Taxation of the Congress of the United States of America, or the favorable reporting for passage of
legislation to either House of the Congress of the United States of America by a Cornrnittee of such
House to which such legislation has been referred for consideration, or any decision of any federal
or State court or any ruling or regnlation (final, ternporary or proposed) or official staternent on
behalf of the United States Treasury Departrnent, the Internal Revenue Service or other federal or
State authority rnaterially adversely affecting the federal or State tax statns of the Agency, or the
interest on bonds or notes or obligations of the general character of the 2007 Bonds; or
(iii) any legislation, ordinance, rule orregnlation shall be introduced in, or be enacted by any
governrnental body, department or agency of the State, or a decision by any court of cornpetent
jurisdiction within the State shall be rendered which rnaterially adversely affects the rnarket price
of the 2007 Bonds; or
(iv) a stop order, ruling, regnlation or official staternent by, or on behalf of, the Securities
and Exchange Cornrnission or any other governmental agency having jurisdiction of the subject
rnatter shall be issued or rnade to the effect that the issuance, offering or sale of obligations of the
general character of the 2007 Bonds, or the issuance, offering or sale of the 2007 Bonds, including
all underlying obligations, as conternplated hereby or by the Final Official Staternent, is in violation
or would be in violation of any provision of the federal securities laws, including the Securities Act
of 1933, as arnended and as then in effect, or that the Subordinate Indenture needs to be qualified
under the Trust Indenture Act of 1939, as arnended and as then in effect; or
(v) legislation shall be enacted by the Congress of the United States of America, or a
decision by a court of the United States of America shall be rendered, to the effect that obligations
of the general character of the 2007 Bonds, or the 2007 Bonds, are not exernpt frorn registration
under or other requirernents of the Securities Act of 1933, as arnended and as then in effect, or the
Securities Exchange Act of 1934, as arnended and as then in effect, or that the Subordinate Indenture
TEMRDA BPAi.\\pd!.MC/702
7
is not exernpt frorn qualification under or other requirernents of the Trust Indentnre Act of 1939, as
arnended and as then in effect or
(vi) additional rnaterial restrictions not in force as of the date hereof shall have been irnposed
upon trading in securities generally by any governmental authority or by any national securities
exchange which restrictions rnaterially adversely affect the Underwriter's ability to rnarket the 2007
Bonds; or
(vii) a general banking rnoratoriurn shall have been established by federal or State
authorities; or
(viii) the United States of America has becorne engaged in hostilities which have resulted
in a declaration of war or a national ernergency or there has occurred any other outbreak of hostilities
or a national or international calarnity or crisis, financial or otherwise, the effect of such outbreak,
calarnity or crisis on the financial rnarkets of the United States of America, being such as, in the
reasonable opinion of the Underwriter, would affect rnaterially and adversely the ability of the
Underwriter to rnarket the 2007 Bonds (it being agreed by the Underwriter that there is no outbreak,
calarnity or crisis of such character as of the date hereof); or
(ix) the rating on any bonds, notes or other obligations of the Agency shall have been
downgraded, suspended or withdrawn by a national rating service, which, in the Underwriter's
reasonable opinion, rnaterially adversely affects the rnarket price of the 2007 Bonds; or
(x) the commencernent of any action, suit or proceeding described in paragraph 5(k) hereof,
which, in the reasonable judgment of the Underwriter, rnaterially adversely affects the rnarket price
of the 2007 Bonds.
(f) At or prior to the Closing, the Underwriter shall receive with respect to the 2007 Bonds
(unless the context otherwise indicates) the following docurnents:
(i) Bond Opinion. The approving opinion of Bond Counsel to the Agency, dated the date
of the Closing and substantially in the form included as Appendix D to the Final Official Statement,
together with a letter frorn such counsel, dated the date of the Closing and addressed to the
Underwriter, to the effect that the foregoing opinions addressed to the Agency rnay be relied upon
by the Underwriter to the sarne extent as if such opinion were addressed to it.
(ii) Supplemental Opinion. Asupplernental opinion or opinions of Bond Counsel addressed
to the Underwriter, dated the date of the Closing to the following effect
(A) the 2007 Bonds are not subject to the registration requirernents of the Securities
Act of 1933, as arnended, and the Subordinate Indenture is exernpt frorn qualification
pursuant to the Trust Indentnre Act of 1939, as arnended;
(B) this Bond Purchase Agreernent has been duly executed and delivered by the
Agency and the Authority and (assurning due authorization, execution and delivery by and
validity against the Underwriter) is a valid and binding agreernent of the Agency and the
Authority, except as enforcernent thereof rnay be lirnited by bankruptcy, insolvency or other
laws affecting enforcernent of creditors' rights and by the application of equitable principles
if equitable remedies are sought; and
TEMRDA BPAi.\\pd!.MC/702
8
(C) the statements contained in the Final Official Staternent under the captions
"INTRODUCTION," "THE 2007 BONDS" (except for information relating to the
Depository Trust Cornpany and the book-entry systern for registration of the 2007 Bonds),
"SECURITY FOR THE 2007 BONDS," and "TAX MATTERS," and in Appendices A and
D, are accurate insofar as such statements expressly summarize certain provisions of the
2007 Bonds, the Subordinate Indenture and the opinion attached as Appendix D to the Final
Official Statement; provided that Bond Counsel need not express any opinion with respect
to any financial or statistical inforrnation contained therein.
(iii) Agency Counsel Opinion. An opinion of the City Attorney, as Counsel to the Agency,
dated the date of the Closing and addressed to the Underwriter, to the following effect:
(A) the Agency is a public body, corporate and politic, duly organized and validly
existing under the laws of the State of California;
(B) the Resolution of the Agency approving and authorizing the execution and
delivery of the 2007 Bonds, the Continuing Disclosure Certificate, the Subordinate
Indenture and this Bond Purchase Agreement and approving the Prelirninary Official
Staternent has been duly adopted at a rneeting of the governing body of the Agency which
was called and held pursuant to law and with all public notice required by law and at which
a quorurn was present and acting throughout, and the Resolution is in full force and effect
and has not been rnodified, arnended or rescinded;
(C) the inforrnation in the Final Official Statement with respect to the Agency and
the Project Area is fair and accurate and nothing has corne to the attention of such counsel
which would lead it to believe that such inforrnation (excluding therefrorn the financial and
statistical data and forecasts included therein as to which no opinion need be expressed)
contains any untrue staternent of a rnaterial fact or ornits to state a rnaterial fact necessary
to rnake the staternents therein, in light of the circurnstances under which they were rnade,
not rnisleading;
(D) to the best of such counsel's knowledge, except as otherwise disclosed in the
Final Official Staternent, there is no litigation or proceeding, pending and served, or
threatened, challenging the creation, organization or existence of the Agency, or the validity
of the 2007 Bonds, this Bond Purchase Agreernent, the Continuing Disclosure Certificate
or the Subordinate Indenture, or seeking to restrain or enjoin any of the transactions referred
to therein or conternplated thereby, or under which a deterrnination adverse to the Agency
would have a rnaterial adverse effect upon the Agency's ability to pay principal of and
interest on the 2007 Bonds when due, or which, in any rnanner, questions the right of the
Agency to issue the 2007 Bonds or to use the Tax Increment Revenues for repayrnent of the
2007 Bonds or affects in any rnanner the right or ability of the Agency to collect or pledge
the Tax Incrernent Revenues or the lien priority thereof;
(E) no authorization, approval, consent or other order of the State, any local agency
of the State or the City, other than such authorizations, approvals and consents which have
been obtained, is required for the valid authorization, execution and delivery by the Agency
of the Financing Docurnents and the authorization and distribution of the Prelirninary
Official Staternent and the Final Official Staternent (provided that no opinion need be
TEMRDA BPAi.\\pd!.MC/702
9
expressed as to any action required under State securities or "blue sh:y"laws in connection
with the purchase or distribution of the 2007 Bonds by the Underwriter);
(F) the Agency is not in breach of or default under any applicable law or
adrninistrative regnlation of the State or any applicable judgment or decree or any loan
agreement, trust agreernent, certificate, resolution, agreernent or other instrurnent to which
the Agency is a party, or is otherwise subject, which breach or default would rnaterially
adversely affect the Agency's ability to enter into or perforrn its obligations under the
Financing Docurnents and no event has occurred and is continuing which, with the passage
of tirne or the giving of notice, or both, would constitnte a default or an event of default
under any such instrurnent and which would rnaterially adversely affect the Agency's ability
to enter into or perform its obligations under the Financing Docurnents;
(G) except as described in the Final Official Staternent, interest on the 2007 Bonds
and costs of issuance are not includable in the calculation of the lirnitations under the 1991
Settlement Agreement (as defined in the Final Official Staternent); and
(H) except as described in the Final Official Staternent with respect to Pass-Through
Agreernents and the Owner Participation Agreement between the Agency and Advanced
Cardiovascular Systems, Inc., no obligations of the Agency have a priority to or are on
parity with the Agency's pledge of Tax IncrernentRevenues to payrnent of the 2007 Bonds.
(iv) Agency Certificate. A certificate of the Agency, dated the date of the Closing, signed
on behalf of the Agency by the Executive Director or other duly authorized officer of the Agency
to the effect that:
(A) the representations and warranties of the Agency contained herein and in the
Subordinate Indentnre and the Continuing Disclosure Certificate are true and correct in all
rnaterial respects on and as of the date of the Closing as if rnade on the date of the Closing;
and
(B) no event affecting the Agency has occurred since the date of the Final Official
Staternent which has not been disclosed therein, or in any supplernent or arnendrnent thereto,
which event should be disclosed in the Final Official Staternent in order to rnake the
staternents therein, in the light of the circurnstances under which they were rnade, not
rnisleading.
(C) The Agency entered an Owner Participation Agreernent between the Agency
and International Rectifier Corporation ("International Rectifier"), on Decernber 9, 1997
which was arnended on Decernber 15, 1998. Pursuant to the agreement, the Agency notified
International Rectifier on April 23, 2002, that the agreernent was terminated. International
Rectifier never satisfied the requirernents of the agreernent and no payrnents were ever rnade
by the Agency pursuant to the agreement. The Agency's outstanding Multifarnily Housing
Revenue Bonds, issued April 25, 1996, and the loan frorn Washington Mutual Bank, FA are
not payable frorn Tax Incrernent Revenues.
TEMRDA BPAi.\\pd!.MC/702
10
(v)AuthorityCertificate. A certificate of the Authority, dated the date ofthe Closing, signed
on behalf of the Authority by the Executive Director or other duly authorized officer of the Authority
to the effect that:
(A) the representations and warranties ofthe Authority contained herein are true and
correct in all rnaterial respects on and as of the date of the Closing as if rnade on the date of
the Closing; and
(B) no event affecting the Authority has occurred since the date of the Final Official
Staternent which has not been disclosed therein, or in any supplement or arnendrnent thereto,
which event should be disclosed in the Final Official Staternent in order to rnake the
staternents with respect to the Authority therein, in the light of the circurnstances under
which they were rnade, not rnisleading.
(vi) Disclosure Counsel Opinion. An opinion, dated the date of the Closing and addressed
to the Agency and to the Underwriter, of McFarlin & Anderson LLP ("Disclosure Counsel"), stating
that without having undertaken to determine independently the accuracy, fairness, or cornpleteness
of the statements contained in the Final Official Staternent, and based upon its participation in the
preparation of the Final Official Staternent, no information carne to the attention of the attorneys in
its firm rendering legal services in connection with such representation which cause such firm to
believe that, as of the date of the Final Official Staternent or as of the date of the Closing (except for
any financial, statistical, econornic or engineering data or forecasts, nurnbers, charts, tables, graphs,
estirnates, projections, assurnptions or expression of opinion, any inforrnation about valuation,
archaeological or environmental rnatters, the Appendices thereto or any information about book-
entry, The Depository Trust Cornpany or tax exernption included therein, as to which no opinion
need be expressed) contained any untrue statement of a rnaterial fact or ornitted to state a rnaterial
fact required to be stated therein or necessary to rnake the staternents therein, in the light of the
circurnstances under which they were rnade, not rnisleading.
(vii) Trustee's Certificate. A certificate of the Trustee, dated the date of Closing, addressed
to the Agency and the Underwriter, to the following effect:
(A) the Trustee is a national banking association duly organized and validly existing
under the laws of the United States of America; and
(B) the Trustee has full power, authority and legal right to cornply with the terrns
of the Subordinate Indenture and to perforrn its obligations stated therein.
(viii) Opinion of Counsel to Trustee. An opinion of counsel to the Trustee, to the effect that:
(A) the Trustee has been duly organized and is validly existing and in good standing
under the laws of the United States of America, with full corporate power to undertake the
trust duties and obligations of it under the Subordinate Indenture and its obligations under
the Continuing Disclosure Certificate;
(B) the Trustee has duly authorized, executed and delivered the Subordinate
Indenture, and by all proper corporate action has authorized the acceptance of the duties and
obligations of the Trustee under the Subordinate Indentnre and to authorize in such capacity
the authentication and delivery of the 2007 Bonds;
TEMRDA BPAi.\\pd!.MC/702
11
(C) assurning due authorization, execution and delivery thereof by the Agency, the
Subordinate Indentnre and the Continuing Disclosure Certificate constitute the valid, legal
and binding agreements of the Trustee, enforceable in accordance with their respective
terrns, except as such enforcernentrnay be lirnited by banktuptcy, insolvency, reorganization
or other sirnilar laws affecting the enforcement of creditors' rights in general and by general
equity principles (regardless of whether such enforcernent is considered in a proceeding in
equity or at law); and
(D) exclusive of federal or State securities laws and regnlations, to the best of such
counsel's knowledge after reasonable inquiry and investigation, other than routine filings
required to be rnade with governmental agencies in order to preserve the Trustee's authority
to perforrn a trust business (aU of which routine filings such counsel believes, after
reasonable inquiry and investigation, to have been made), no consent, approval,
authorization or other action by any governrnental or regnlatory authority havingjurisdiction
over the Trustee is or will be required for the execution and delivery by the Trustee of the
Subordinate Indenture or the authentication by the Trustee of the 2007 Bonds.
(ix) Certain Financing Documents. An executed copy of the Subordinate Indenture, the
Indenture of Trust, dated as of April 1, 2002 (the "Original Senior Indenture"), by and between the
Agency and the Trustee, and a First Supplernental Indenture of Trust, dated as ofDecernber 1,2006
(the "First Supplemental Series AIndenture"), by and between the Agency and Trustee (together the
"Senior Indenture") and of the Continuing Disclosure Certificate.
(x) City Resolution. A copy of the Resolution adopted by the City Council and certified by
the City Clerk or Assistant City Clerk of the City approving issuance by the Agency of the 2007
Bonds.
(xi) Agency Resolution. A copy of the Resolution adopted by the Agency and certified by
the Secretary or Assistant Secretary of the Agency authorizing the execution and delivery of the
Subordinate Indenture, this Bond Purchase Agreernent and the Continuing Disclosure Certificate.
(xii) Authority Resolution. A certified copy of the Authority Resolution adopted by the
Authority and certified by the Secretary or Assistant Secretary of the Authority authorizing the
execution and delivery of this Bond Purchase Agreement.
(xiii) Form 8038-G. Evidence that the federal tax inforrnation Form 8038-G has been
prepared for filing.
(xiv) Letter of Representations. A certified copy of the Letter of Representations by the
Agency to DTC.
(xv) Final Official Statement. An executed copy of the Final Official Staternent.
(xvi) Preliminary Official Statement. An executed certificate, dated the date of the
Preliminary Official Statement, of the Agency in the form of Exhibit B hereto.
(xvii) TCLY Certificate. An Arbitrage Certificate of the Agency relating to the 2007 Bonds
in form satisfactory to Bond Counsel.
TEMRDA BPAi.\\pd!.MCI702
12
(xviii) Certificate of Fiscal Consultant. An executed certificate, dated the date of the
closing, addressed to the Agency and the Underwriter in the form of Exhibit C hereto.
(xL'{)Additional DOClm1ents. Such additional certificates, instrurnents and other docurnents
as the Underwriter, Bond Counselor Disclosure Counsel rnay reasonably deern necessary to
evidence the truth and accuracy as of the time of the Closing of the representations of the Agency
herein and the due performance or satisfaction by the Agency at or prior to such time of all
agreements then to be performed and all conditions then to be satisfied by the Agency hereunder.
If the Agency shall be unable to satisfy the conditions contained in this Bond Purchase Agreement,
or if the obligations of the Underwriter shall be terrninated for any reason permitted by this Bond Purchase
Agreernent, this Bond Purchase Agreernent shall terminate and none of the Underwriter, the Authority or the
Agency shall be under further obligation hereunder, except as set forth in Section 9 hereof.
8. Certain Covenants. After the Closing:
(a) the Agency will not adopt any arnendrnent of or supplernent to the Final Official Staternent to
which, after having been furnished a copy, the Underwriter shall reasonably object in writing and if any event
relating to or affecting the Agency or the Project Area shall occur as a result of which it is necessary, in the
opinion of the Underwriter, to arnend or supplement the Final Official Staternent in order to rnake the Final
Official Staternent not rnisleading in the light of the circurnstances existing at the tirne it is delivered to the
Underwriter, the Agency shall cause to be forthwith prepared and furnished to the Underwriter (at the
expense of the Agency) a reasonable nurnber of copies of an arnendrnent of or supplernent to the Final
Official Staternent (in form and substance satisfactory to the Underwriter) that will arnend or supplernent the
Final Official Staternent so that it will not contain an untrue statement of a rnaterial fact or ornit to state a
rnaterial fact necessary in order to rnake the statements therein, in the light of the circurnstances existing at
the tirne it is delivered to the Underwriter, not rnisleading; and
(b) the Agency shall not knowingly take or ornit to take, as is appropriate, any action which would
adversely affect the exclusion frorn gross incorne under federal tax law of the interest on the 2007 Bonds or
which would cause the 2007 Bonds to becorne arbitrage bonds under Section 148 of the Code and the
regnlations thereunder.
9. Exoenses. All expenses and costs of the Agency and the Authority incident to the performance
of their obligations hereunder and in connection with the authorization, execution, sale and delivery of the
2007 Bonds to the Underwriter, including any printing costs, fees of the Trustee, the Dissernination Agent"
fees and expenses of consultants, fees and expenses of Bond Counsel, fees and expenses of Disclosure
Counsel and fees and expenses of counsel to the Agency and the City shall be paid frorn the 2007 Bond
proceeds or in the event that 2007 Bonds are not issued for any reason, shall be paid by the Agency. All
costs and expenses of the Underwriter, including travel, "blue shey" expenses, fees and expenses assessed
upon the Underwriter with respect to the 2007 Bonds by the Municipal Securities Rulernaking Board or the
National Association of Securities Dealers, CUSIP@ Service Bureau charges, CDIAC fees and advertising
expenses, and any fees or expenses of counsel to the Underwriter shall be paid by the Underwriter.
10. Survival of Certain Reoresentations and ObliQ:ations. The respective agreernents, covenants,
representations, warranties and other statements of the Agency and the Authority and of each of their
respective officials and officers set forth in or rnade pursuant to this Bond Purchase Agreement shall survive
TEMRDA BPAi.\\pd!.MC/702
13
delivery of and payrnent for the 2007 Bonds, regardless of any investigation, or staternents as to the results
thereof, rnade by or on behalf of the Underwriter.
11. Notice. Any notice or other communication to be given to the Agency or the Authority under
this Bond Purchase Agreernent rnay be given by delivering the sarne in writing, addressed as follows:
Redeveloprnent Agency of the City of Ternecula, 43200 Business Park Drive, Temecula, California 92590,
Attention: Ms. Genie Roberts, Treasurer.
Any notice or other communication to be given to the Underwriter under this Bond Purchase
Agreernentrnaybe given by delivering the sarne in writing to Stone & Youngberg LLc, 515 South Figneroa
Street, Suite 1060, Los Angeles, California 90071-3338, Attention: Dawn Vincent.
12. Entire A!ITeement. This Bond Purchase Agreernent, when accepted by the Agency and the
Authority, shall constitute the entire agreernent arnong the Agency, the Authority and the Underwriter and
is rnade solely for the benefit of the Agency, the Authority and the Underwriter (including the successors or
assigns of the Underwriter). No other person or entity shall acquire or have any right hereunder by virtue
hereof, except as expressly provided herein.
13. Countemarts. This Bond Purchase Agreernent rnay be executed by the parties hereto in separate
counterparts, each of which when so executed and delivered shall be an original, but all such counterparts
shall together constitnte but one and the sarne instrurnent.
14. Severabilitv. In case anyone or rnore of the provisions contained herein shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision hereof.
15. California Law Governs. The validity, interpretation and performance of this Bond Purchase
Agreernent shall be governed by the laws of the State applicable to contracts rnade and performed in the
State.
TEMRDA BPAi.\\pd!.MC/702
14
16. No Assi=ent. The rights and obligations created by this Bond Purchase Agreement shall not
be subject to assignment by the Underwriter, the Authority or the Agency without the prior written consent
of the other parties hereto.
STONE & YOUNGBERG LLC
By
Authorized Representative
Accepted as of the date
first stated above:
REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA
By
Narne: Shawn Nelson
Title: Executive Director
TEMECULA PUBLIC FINANCING
AUTHORITY
By
Narne: Shawn Nelson
Title: Executive Director
EXHIBIT A
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
TEMECULA REDEVELOPMENT PROJECT NO.1
2007 TAX ALLOCATION BONDS (SUBORDINATE LIEN)
MATURITY SCHEDULE
Maturity
Date
Amount
Rate
Yield
Price
8/1/2008 $
8/1/2009
8/1/2010
8/1/2011
8/1/2012
8/1/2013
8/1/2014
8/1/2015
8/1/2016
8/1/2017
8/1/2018
8/1/2019
8/1/2020
8/1/2021
8/1/2022
8/1/2023
8/1/2024
8/1/2025
8/1/2030
8/1/2036
8/1/2038
8/1/2038
(Escrow Term Bonds)
0/0
0/0
$
TEMRDA BPAi.\\pd!.MC/702
A-I
EXHIBIT B
RULE 15c2-12 CERTIFICATE
,2007
Stone & Youngberg LLC
515 South Figneroa Street, Suite 1060
Los Angeles, California 90071-3338
Re: Redevelopment Agency of the City of Temecula
Temecula Redevelopment Project No.1
2007 Tax Allocation Bonds (Subordinate Lien)
Ladies and Gentlemen:
You have been engaged by the Redeveloprnent Agency of the City of Ternecula (the
"Agency"), to act as the underwriter in connection with the sale of the Redeveloprnent Agency of the City
of Ternecula Temecula Redeveloprnent Project No.1 2007 Tax Allocation Bonds (Subordinate Lien) (the
"2007 Bonds") in the aggregate principal arnount of $ . For purposes of Rule 15c2-12 of the
Securities and Exchange Cornrnission ("Rule 15c2-12"), the undersigned hereby certifies on behalf of the
Agency that the Prelirninary Official Staternent dated , 2007, with respect to the 2007 Bonds is
deerned final, in accordance with Rule 15c2-12 as of its date except for the ornission of certain rnatters which
rnay be ornitted under Rule 15c2-12 (including interest rates, redernption prices and dates, ratings, and related
information).
Very truly yours,
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA
By:
Narne: Shawn Nelson
Title: Executive Director
TEMRDA BPAi.\\pd!.MC/702
B-1
EXHIBIT C
CERTIFICATE OF FISCAL CONSlTLTANT
The undersigned, partner ofHdL Coren & Cone, as Fiscal Consultant to the Redeveloprnent Agency
of the City of Temecula (the "Agency"), hereby confirrns, as of the date hereof, the inforrnation set forth in
its Report, dated ,2007 (the "Report"), entitled "Projected Taxable Values and Anticipated Tax
Incrernent Revenues," prepared in connection with the Ternecula Redeveloprnent Project No.1 2007 Tax
Allocation Bonds and certifies the following:
1. I arn an authorized officer ofHdL Coren & Cone, and as such, arn farniliar with the facts
certified and arn authorized and qualified to execute this certificate.
2. In the professional experience and opinion ofHdL Coren & Cone, the assurnptions rnade
in the Report are reasonable.
3. HdL Coren & Cone is not aware of any event or act which has occurred since the date of the
Report which, in rny opinion, would rnaterially and adversely affect the conclusions expressed therein.
4. We hereby consent to the references to HdL Coren & Cone and to the information
reproduced in the Prelirninary Official Statement and in the Official Staternent.
5. We hereby certify that as of the date of the Report and the date hereof the information
relating to the Projected Taxable Values and Anticipated Tax Incrernent Revenues contained in the Official
Staternent under the caption "THE REDEVELOPMENT PLAN" insofar as such staternents purport to
surnrnarize portions of the Report, are accurate in all rnaterial respects and do not ornit to state a rnaterial fact
necessary in order to rnake the staternents contained therein, in the light of the circurnstances under which
they are rnade, not rnisleading and no events or occurrences have been ascertained by HdL Coren & Cone
or have corne to its attention that would substantially adversely change the opinions set forth in the Report.
We note that in rnaking the foregoing staternents that HdL Coren & Cone has undertaken no additional
research with respect to the Agency or the Project Area.
The Agency and Stone & Youngberg LLC are entitled to rely on this Certificate.
Dated:
,2007
HdL COREN & CONE
By
TEMRDA BPAi.\\pd!.MC/702
C-l
DEPARTMENTAL
REPORTS
Ii
-
I.
ITEM NO. 17
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
/ill
(J(L,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Aaron Adams, Assistant City Manager
DATE:
September 25, 2007
SUBJECT:
Economic Development Department Report for the Month of August
PREPARED BY:
Gloria Wolnick, Marketing Coordinator
RECOMMENDATION:
Receive and File.
The following are the recent highlights for the Economic Development Department for the month of
August 2007.
ECONOMIC DEVELOPMENT
BUSINESS RETENTION
On August 23,d, Council Member Roberts, staff, and Chamber representatives attended a site visit
with Neil Allen of Solid State Stamping. Mr. Allen gave an overview of the company and provided
a tour of their facility. As a follow-up to the site visit, staff provided contact information on Southern
California Edison and information on the Virtual Job Fair which will be hosted by the Southwest
California Economic Alliance.
EVENTS
Staff attended the Susan G. Komen for the Cure Inland Empire Open House on August 21".
Their office in Murrieta was recently remodeled. Staff met the Komen Board of Directors and
Executive Director and talked about the upcoming Temecula Komen event.
Mayor Washington spoke at the Concordia Press Conference which was held on August 27th.
Council Member Edwards, staff, Concordia representatives and press were present. Concordia
announced that they will offer four-year degree programs at its Temecula campus starting next fall.
The university signed a 15-year lease to continue operating out of its campus on Single Oak Drive.
Staff worked with graphic designer Mark Fisher on creating the City's sponsorship ad for the
Temecula Valley International Film & Music Festival event program.
Staff prepared a staff report and agreement for economic funding for the Temecula Fall Rod
Run which will be held in Old Town Temecula in October.
The City of Temecula is sponsoring the upcoming National Association of Industrial and Office
Properties (NAIOP) Bus Tour which will be held at South Coast Resort & Winery on September
27'h
On August 6'h staff met with event organizers Jon and Jane Laskin to discuss the 2007 Temecula
International Jazz Festival which was held in Old Town in July.
On August 29'h, staff attended the West Point Business Center Tour. The new Class "A"
Business Park is located at the southeast corner of Roick Drive & Via Industria. The development
consists of 12 office buildings ranging from 3,000 - 6,900 square feet. The campus environment
offers lush landscaping, a water feature, outdoor seating, trellises, and connecting walkways.
Staff attended the Temecula Film Festival Media Preview Night which was held on August 16'h
MEDIA/OUTREACH MATERIALS
Staff and Isaac Lizaragga, President of the Temecula Auto Dealers Assoc., prepared the Temecula
Auto Mall article for the October issue of the Temecula Chamber newsletter. The article
highlights the auto dealers, their community involvement and their strong revenues that help provide
city services to the community.
During the month of August, Mayor Washington and staff met with the video production agency to
discuss the video production for the first Temecula Outreach Program.
MEETINGS
On August 7'h, Council Members Roberts and Comerchero and staff attended a meeting regarding
the French Valley Parkway Interchange. Also in attendance was Congressman Issa, Assembly
Member Jeffries, Supervisor Stone and representatives from Cal Trans, Federal Highways and the
City of Murrieta. It was a very productive meeting with good support from so many different levels of
government working towards a common goal. The group will continue to meet every month to see
this project through to completion.
On August 13'h, Council Member Edwards and staff met with Dr. Barbara Howard, Director of
Concordia University, regarding expanding their Temecula campus at the Rancho Sports Center.
On August 16'h, Council Member Edwards and staff met with a private University to discuss opening
up a Temecula campus.
On August 15th, Council Member Roberts and staff met with Alex Benes, Director of Marketing &
Communications of Wood Ranch BBQ & Grill. Staff provided information on Temecula and
potential restaurant sites and also provided a tour.
Staff continues to work with several high end luxury car dealers in an effort to further develop and
expand within the City of Temecula
On August 22nd, the Southwest California Economic Alliance Board Meeting was held at
Temecula City Hall. Items discussed included reviewing the Alliance By-Laws, Work Plan addition,
sponsorships and an update on the Virtual Job Fair, and Soaring Dimensions.
On August 23'd, staff met with Group One Productions regarding opportunities and contacts for the
City of Temecula to pursue in regards to international trade with China and India.
On August 29'h staff met with a prospective developer proposing a family-oriented entertainment
center including a bowling alley.
In August, staff reviewed five consultant submittals that responded to the Economic Development
Strategic Plan RFQs. Consultant interviews were scheduled for September.
ATTACHMENTS:
Temecula Valley Chamber of Commerce Activities Report
Temecula Valley Convention & Visitors Bureau Activities Report
Southwest California Economic Alliance Activities Report
OLEAD1NG THE WAY
26790 Ynez Court Suite A, Temecu/o, CA 9259/
P: 95/.676.5090 F: 95/.694.020/
www.temecula.arg info@temecula.arg
September 12, 2007
Shawn Nelson, City Manager
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Dear Shawn,
Attached please find the August Monthly Activity Report as per our contract with the City of Temecula.
Chamber staff assisted 7 businesses interested in relocating to Temecula.
This is the month of August at a glance:
. The Temecula Valley Chamber of Commerce 2007 Legislative Summit is scheduled for October 2,
2007.
. Guest Speakers:
. Assemblymember Kevin Jeffries
. David Crane, Special Advisor to the Governor on Job & Economic Growth
. Richard Harmon, Deputy Director of Legislative Affairs for Cal Trans
. Randy Record, Board of Director, Eastern Municipal Water District
. Amy Minniear, Pechanga Development Corporation
. TVCC Board has approved receiving a proposal for a five year Strategic Planning Consultant
Firm. The Board selected SMG "The Strategic Marketing Group" who will assist in the planning
process to help the organization refine and re-invent core services and activities designed to
better serve the community and it's members.
. The Board has approved a China Trip partnership for members, family and the entire community
scheduled for March 2008. Currently there have been 215 persons interested in the China Trip
program.
. Chamber staff is currently reviewing an insurance plan that may benefit businesses.
Business Development Resource Committee: The Chamber Spotlight winner for August was Dr. T's
Mobile Vet Clinic. The Mystery Shopper winner for the month was Specially Retailers. August's Volunteer
Businesses' of the Month were Chris Baily of Baily's Front Street Bar & Grill and Doug Leiber with
Temecula Creek Inn. The Business Success Forum was on Tuesday, August 14, at 12pm. The topic of
discussion was Human Resources.
Membership & Marketing Committee: 37 businesses joined the Chamber in the month of August and
113 renewed their membership. Staff and Ambassadors attended 9 Ribbon Cutting events in August. The
Networking Breakfast, held at BJ's Restaurant, was attended by 75 members and guests. The August
Mixer was hosted by Southwest Riverside County Boys and Girls Club - Great Oak location and was
attended by approximately 300 members and guests. 34 members participated in the August - 5 Minute
Networking event held at Weins Family Cellars. Additional welcome visits were made to new businesses
by Chamber CEO, staff and Ambassadors.
Southwest California Legislative Council: The council recently sent a letter to the Inland Empire
Caucus commending the legislators for continuing to meet on a regular basis. An E-Alert was sent to
members of all three chambers informing them of the SWCLC's opposition to AB8 and urged them to take
action and forward letters stating their position. The council also took a position in opposition to S8942
which would reverse progress to workers' compensation reform and possibly increase insurance costs. A
speaker from the Metropolitan Water District will be present at the September meeting to address issues
relating to water supply and the deltas.
Special Events Committee: The 2007 Monte Carlo Extravaganza is set to take place on Wednesday,
September 19th at Wilson Creek Winery. Harrah's Rincon Casino & Resort is the event's Title Sponsor.
Toyota of Temecula Valley is this year's $1500 Cash Prize Sponsor. The evening will include Las Vegas
style gaming, food from local restaurants and great entertainment courtesy of Timmy D. Productions.
Tickets for the event are now available at the Chamber for $25 pre-sale or $30 at the door.
The 2007 Legislative Summit will take place on Tuesday, October 2nd at Pechanga Resort & Casino. Dan
Walters will be the event moderator again this year. The committee has secured the following panelists for
this year's event: David Crane with the Governors office, Assembly Member Kevin Jefferies and Amy
Minniear with Pechanga Development Corporation, Deputy Director of Legislative Affairs for CalTrans,
Richard Harmon and Randy Record Board Member of Eastern Municipal Water District.
The 16'h Annual Business & Technology Expo will be held Wednesday, October 17'h at Pechanga Resort
& Casino. This year's event will include a Technology Expo portion. The expo will take place between the
hours of 5:00 p.m. to 8:00 p.m.
City/Chamber Retention Visits: Alice Sullivan, President/CEO attended the Bostic Inc. retention visit
and Kimberly Uhler attended the Solid State visit.
Tourism Highlights (Bulk brochure distributors)
Activity Report:
. 75 street maps and visitor guides were given to Century 21 for potential clients.
. 250 street maps were given to the City of Temecula.
. 15 street maps and 30 membership directories were given to Camp Pendleton for family
orientation.
. 300 Visitor guides and tourism maps were given to Imani Temple of Temecuia for a state
women's convention at the church.
Also, attached are the meeting minutes for the Business Development Resource, Special Events,
Southwest Legislative Council, and Membership committees. If you have any questions regarding this
information, please call me at (951) 676-5090 or e-mail asullivanavtemecula.oro. Thank you.
cc: Mayor Chuck Washington Mayor Pro Tem Mike Naggar
Councilman Ron Roberts Councilman Jeff Comerchero
Shawn Nelson, City Manager Councilwoman Maryann Edwards
Grant Yates, Deputy City Manager TYCC Board of Directors
Aaron Adam, Assistant City Manager Gloria Wolnick, Marketing Coordinator
Bob Johnson, Assistant City Manager/CD Director
Temecula Valley Chamber of Commerce
Monthly Activity Report
August 2007
Chamber Year-To-Date
PHONE CALLS This Month Total
TOURISM
Tourism Referrals 307 2,228
Calendar of Events 198 1,384
Special Events 287 1,640
General Information 1,304 15,818
TOTAL TOURISM CALLS 2,096 21,070
Reiocation 198 947
Demographics 175 1,060
Chamber 654 5,838
Miscellaneous 527 4,404
TOTAL PHONE CALLS 1,554 33,319
WALK-INS
Tourism 239 1,493
Calendar of Events 162 916
Special Events 183 755
General Information 1,133 12,712
Relocation 197 1,139
Demographics 195 960
Chamber 369 4,351
Miscellaneous 382 3,241
TOTAL WALK-INS 2,860 25,567
MAILINGS
Tourism 1,328 9,485
Relocation 43 1,662
Demographics 126 856
TOTAL MAILINGS 1,497 12,003
E-MAIL
Tourism 118 608
Relocation 98 518
Miscellaneous 189 1,686
TOTAL E-MAIL 405 2,812
WEB PAGE USER SESSIONS 18,054 132,078
GRAND TOTALS This Month Year-To-Date
PHONE CALLS 3,650 32,894
WALK-INS 2,860 25,257
MAILINGS 1,497 12,003
E-MAIL 405 2,812
WEB PAGE USER SESSIONS 18,054 96,726
Annual Volume Comparisons
Chamber Chamber Percentage
August 2006 August 2007
PHONE CALLS
TOURISM
Tourism Referrals 204 307 50%
Calendar of Events 143 198 38%
Special Events 163 287 76%
General Information 2,210 1,304 -41%
TOTAL TOURISM CALLS 3,326 2,096 -37%
Relocation 103 198 92%
Demographics 80 175 119%
Chamber 495 654 32%
Miscellaneous 416 527 27%
TOTAL PHONE CALLS 1,094 1,554 42%
WALK-INS
Tourism 150 239 59%
Calendar of Events 118 162 37%
Special Events 100 183 83%
General Information 1,773 1,133 -36%
Relocation 60 197 228%
Demographics 35 195 457%
Chamber 317 369 16%
Miscellaneous 310 382 23%
Visitor Center Walk-Ins
TOTAL WALK-INS 2,863 2,860 0%
MAILINGS
Tourism 698 1,328 90%
Relocation 24 43 79%
Demographics 16 126 688%
TOTAL MAILINGS 738 1,497 103%
E-MAIL
Tourism 82 118 44%
Relocation 13 98 654%
Miscellaneous 168 189 13%
TOTAL E-MAIL 91 405 345%
WEBSITE USER SESSIONS 6,224 18,054 190%
. Chamber referrals reflect faxes, walk-ins and phone calls
TEMECULA./..
VA~~EY Cl::IAMB E R
;ZZ:;!j;!:;:",;gCJF' COMMERCE
"LEADING THE WAY'
Temecula Valley Chamber of Commerce
Special Events Committee
Update
August 2007
2007 Monte Carlo Extravaganza
This year's Monte Carlo Extravaganza is scheduled for Wednesday, September 19th at Wilson
Creek Winery. Harrah's Rincon Casino & Resort is the event Title Sponsor. Toyota of Temecula
Valley is the $1500 Cash Prize Sponsor. To date, (4) Craps Tables, (2) Texas Hold 'Em, (6)
Poker Tables and (14) Table Sponsorships have been secured. Additional sponsorships are still
ayailable. Currently we have sold 178 tickets. Tickets are $25 pre-sale and $30 at the door.
Creative Balloons & Design has agreed to donate balloon decorations for the event. The
following restaurants will be at the event providing food samples: Costco, Ernie B' s, Espresso
Chauffeur, Harrah's Cabana Cove, Hometown Buffet, Qdoba Mexican Grill, Taps Fish House &
Brewery, Temecula McDonald's and The Barley House West, Inc,
2007 Legislative Summit
The 2007 Legislative Summit will take place Tuesday, October 2nd at Pechanga Resort & Casino.
The committee is working with Don McAuliffe with Parallax Communications to market the
event to a larger area. Don has agreed to write a press release on the event and send it out via
Prime News Wire. The committee created a survey and sent it out to the Chamber membership.
Based on the results the important topics included: Transportation, Water, Energy and Business
& Economic Development. Confirmed panelists to date are: Amy Minniear with Pechanga
Development Corporation, Assembly Member Kevin Jefferies, David Crane with the Govemor's
office, Richard Harmon, Deputy Director of Legislatiye Affairs for CalTrans and Randy Record,
Board Member with Eastern Municipal Water District. The next committee meeting will be
Thursday, September 13th at 10:00 a.m.
Business & Technologv EXDO
This year's Business & Technology Expo is set to take place Wednesday, October 17th at
Pechanga Resort & Casino from 5:00p.m. - 8:00p.m. The eyent takes the place of our October
Mixer. Community Little Book is the events Title Sponsor. Booths are available for both
Member and Non-Member Businesses to purchase. The committee is currently working on
confirming speakers for the Tech Expo portion of the event. The event will feature three to four
20 minute seminars on the latest technology trends/solutions for your business. The next
committee meeting has been scheduled for Tuesday, September 25th at 9:00 a.m.
SOUTHWEST CALIFORNIA LEGISLATIVE COUNCIL
www.southwestcaliforniaadvocacv.biz
Temecula Valley Chamber of Commerce
Lake Elsinore Chamber of Commerce
Murrieta Chamber of Commerce
AUlmst 2007 SWCLC Meeting Minutes
Southwest California Legislative Council
A Joint Committee ofTemecu1a, Lake Elsinore and Murrieta Chambers of Commerce
Meeting Minutes
Monday, August 20, 2007
2006 Chair:
Joan Sparkman (Present)
2007 Chair:
Dennis Frank (PresenQ
Chamber Advocacy:
Jeremy Harris
Directors Present:
Karen Wikert, Roger Ziemer, Amber Wiens-
Starbuck, Greg Morrison, Dr. Billie Blair, Scott Crane
Directors Absent:
Gene Wunderlich, Carl JoImson, Amy Minniear, Isaac Lizarraga,
Glen Daigle
Members Present:
Jeff Greene-Office of Jefferies, Kari Reufher-Granite Construction
Doug OBerhen, Megan Reed, Mindy Zink, Tamara Midd1ecamp,
Norma Arias-Lee, Eva Tapia
Staff:
Laura Turnbow, Rex Oliver, Rosalie Roberts, Kim Cousin
Meeting called to order at 12:05pm
Chair's Report
. Inland Ernpire Legislative Caucus-Sample letter on our Web-Site
This is a very important item to us.
Press releases attached to fhe Agenda.
. Recent Press Releases-Will have more up dates on the Web-Site
Agenda
1. Approval ofJuly 2007 Minutes-Motion made, seconded and carried.
2. 2008 Propositions-Early enough to promote. Reviewed this item.
Take some tirne to act on this.
Workers' Cornpensation-Reviewed, try again, will have rnore information later.
Redistricting-Continue to follow this.
Erninent Domain-Continue to follow fhis.
Internet Poker-Tracking this.
Tangible Ballots-Paper print out.
3 Legislative Report #6-0utlined some highlights.
CA AB 437-0pposed
CA AB 1065- Snspended
Failed Bills and two year Bills-Will continue to update.
H.R. 31 (Issa)-Water District. Drought issues. Different agencies are doing their part.
Schools, Parks, and Cemeteries are some ofthe big users of water.
14 million requested from Federal Funding
Greg Morrison has to abstain from voting.
Recommended Position-Support
(I) Evita Tapia-Assemblyman-Benoit's Office
Back in Sacramento-Budget issues, nothing happening
(2) Jeff Greene-Assemblyman Jeffrie's Office
Open House-Thank you the turnout
Back in Sacramento-Budget-Nothing happening
Totals for Bills-275 Senate Bills-Outstanding
562 Assembly Bills-Outstanding
(3) Norma Arias-Lee Municipal Water District-Delta water supply issues
(4) Megan Reed-Rancho Water-Talking about cutting Agriculture water by 30%
October 24th-I-215 Summit- Comment from Amber Wiens-Starbuck
Meeting was adjourned at 12:34pm
Next meeting will be Monday, September 17, 2007 at 12:00noon
TEMECULA-/
V~~:~,~;~~ER
"LEADING THE WAY"
Membership Meeting Minutes
Wednesday, August 8, 2007 - 8:00a.m. -9:00a.m. Chamber Conference Room
Sponsored by Community Little Book
Mission Statement: Develop programs to maintain and build a membership commensurate with the
growth of the Temecula business community and simultaneous growth of the Chamber. Serve as
goodwill representative and strive to enhance the value of membership encouraging ongoing dialogue
between members.
Committee Chair: Dan Brunell
Co-Chairs: Jann Gentry
Adam Ruiz
Julie Ngo
Board Liaisons: Tony Berardino
Committee Present: Jann Gentry, Lee McCollum, Dan Brunell, Adam Ruiz, Julie Ngo, Judy Remsen,
Tony Berardino, Lainie Goldstein, Young PiI Oh, Scott Crane, Jami McNees
Staff Present: Kimberly Freize-Uhler, Katie Edmonds and Alice Sullivan
Minutes
Committee Chair called the meeting to order at 8:01a.m. Self-introductions of the committee
followed. The minutes of the previous meeting were reviewed and motioned for approval by
Judy Remsen and seconded by Julie Ngo, which carried.
Miscellaneous
Open Discussion by Committee:
Staff gave an update on the newly formed women in business group "TVCC Women in Business
Advocates" and relayed the details of the first event to be held on October 30. It will be a lunchtime
event with an expo component as well. The topic of the first event will be "Simple Solutions in a
Stressed-out World"
Sub-Committee Reports
Welcome & Retention
By Julie Ngo
Ngo reported the welcome committee is making their scheduled calls to the new members. The calls
all seem to be going well with the 4th month calls proving to be the most difficult. It is harder to get in
touch the members during the 4th month calls. Jamie McNees and Lee McCollum III volunteered to
join the committee.
Networkina Breakfast. Networkina Luncheon. Mixers and 5 Minute Networkina:,
By Adam Ruiz:
Ruiz reported the Breakfast is going very well and that the 2008 dates have been presented to BJ's to
confirm. Positive feedback was shared with the committee about the new aspect of the breakfast of
recognizing first time members. The Networking Luncheon was attended by 75 members and Ruiz
thanked the luncheon sponsors Cornerstone E&S Insurance and Strachota Insurance.
Ruiz Announced the next 5 Minute Networking Event would be on Thursday, August gth at the Wiens
Family Cellars. The 5 Minute Event will continue to be held at different Wineries to showcase Wine
Country. The September event will be held at Ponte Family Estate Winery.
It was discussed the waiting list for Mixer hosts is about 2 years long. Other opportunities for hosting
events are being considered and include the New Member Reception and Power Networking
Workshop.
Power Networkina Workshop:
By Staff:
The new format for the workshop has been very successful. It was reported at the last workshop
three representatives from Pechanga attended and ended up meeting a photographer who was
attending that was able to do their employee badges. Looking for a lunch sponsor for the event. A
special thanks was given to all of the Ambassadors who have participated as a presenter for the
workshops.
Mixer:
By Staff:
August Mixer will be held at the Boys & Girls Club Great Oak Location.
Ambassador Proaram:
By Jann Gentry-Sub Committee Chair:
Gentry mentioned there are approximately 65 Ambassadors to date our goai for the Chamber is to
have 70 Ambassadors by the end of 2007. The next Ambassador Training is scheduled for August
30th, after this training we should be close to gO Ambassadors. The Ribbon Cutting calendar will now
be sent out covering a 2 week period of time to help with scheduling and attendance to the ribbon
cuttings. Gentry announced Jackie Steed won the June-July Ambassador contest - way to go
Jackie! Another contest will likely start this fall. Gentry thanked Windermere Real Estate and Jan
Swanson for hosting the July Ambassador Workshop, the event was well attended and up-to-date
information was shared on the Chamber events.
Citv of Temecula Report:
By Alice Sullivan:
Sullivan reported the City of Temecula's new Chief of Police is Jerry Williams. The Chamber is on
the August 14th agenda at City Council for its' annual funding.
Hosoital Reoort:
By Scott Crane
Crane reported the proposed hospital is on track and should be in front of the planning Commission
by October and the City Council in December with the new EIR reports. They are anticipating the
permit from the state and the approval from the city should come together at the same time, allowing
the grading to begin sometime 1" qtr. 2008.
Board Reoort:
By Tony Berardino:
Berardino reported the board approved the development of a new 5 year strategic plan for the
chamber. Bostik renewed their membership, and Chamber staff met with Southwest Traders about
rejoining the chamber. The CVB will be relocating to the suite next door to the large conference room.
The new chamber website is under construction. It was reported the chamber staff and members who
are familiar with healthcare insurance will be reviewing a proposal for health insurance for chamber
members.
QDen Discussion:
The Ribbon Cuttings and upcoming events were discussed. The Legislative Summit on October 2nd
was reviewed.
Ngo reported the Old Town Merchant Association and the Farmers Market are exploring ways to work
together to keep the Farmers Market and Old Town Merchants an attraction to all consumers.
Ngo reported Rancho Damacitas is working on a project to help the children at Rancho Damacitas
have the necessary supplies to start school gracefully this school year.
Meeting adjourned: 9:00am - Thank you for your attendance.
TEMECULA..'
VA~fEY CHAMB ER
'" _.",,"";'_".-DdF COMMERCE
'LEADING THE WAY"
Business Development Resource Committee
MEETING MINUTES
Wednesday, August 15, @ 8:00am
TVee Conference Room Sponsored by Community Little Book
Committee Chair: Ginny Mulhern (present) Co-Chair: Barak Berlin (present)
Board Liaison: Bill Seltzer (present) & Karen Roberts (present)
Members Present: Michelle Deskin, Lucy Ruduicke, Mary Ellen Gibson, Cathy Lester, Mindy Zink, Sam
Kleinschmidt, Laura Bruno
Staff Present: Emily Pulley, Alice Sullivan
A'loroval of Minute,!
July minutes approved
Member Reco9!lition Proaram for Seotember
MYSTERY SHOPPER
Robert Evancik
R.E.E. Air Conditioning and Heating
28373 Felix Valdez Ste A-2
T emecuia CA 92590
Nottingham & Doherty, Certified Public Accountants
Jody Nottingham
41765 Rider Way #B
Temecula, CA 92590
VOLUNTEER - SPECIAL EVENTS
Blood Bank of San Bemardino
Lynn Effinger
384 West Orange Show Road
San Bernardino, CA 92408
Spotlight
The Beauty Studio
Patricia Eggers
33353 State Hwy 79S, Ste 1020
Temecula, CA 92592
Business Success Forum
The August topic was Human ResourceslPersonnel. It was an informative meet. The September forum is a special
presentation by the SBDC on Marketing Communications.
Partners in Learnino,
The program was explained to new members to the committee. Every one was asked to talk to 5 people at the mixer
tonight about Partners in Leaming. Seltzer reported that Janet Beck, on the executive chamber board donated $!OO.
Board Update
A. Business Mixer, TONIGHT, August 15, Boys & Girls Club
B. Networking Breakfast, Wednesday, August 22, from 7:30 to 9:30am, BJ's Restaurant.
C. 5 Minute Networking - Thursday, Sept 13, Ponte Family Cellars, Must register, cail Membership.
D. Monte Carlo - Wednesday, September 19 -tickets on sale
E. Legislative Summit - October 2, sponsorships available
F. Business & Technology Expo - October 17, booths available
G. Chamber Trip to China - 9 days all inclusive, $1499, everyone welcome
Committee Uodates
o Michelle Deskin reported that Expo planning was going well.
o Ginny confirmed the two paid seminars:
oWes Schaeffer - Prospecting to Fill the Pipeline. Tuesday, Oct 23, 3:30-5:30pm $49 per person
o Laura Bruno - Promoting & Protecting Your #1 Marketing Asset - Your Chamber. Friday,
November 30, 9:30-12 noon. $25 per person.
Adjournment
Thank you for attendingl
NEXT MEETING: Wednesday, September 19, at 8:00am
Location: TVee Conference Room Sponsored by Community Little Book
00
>:~
8m\
~~ \
>-'"
Uo""
",\
o
\i!
~
\llI
~ ,~ .E
~ '"
_.01%
'" '" <)
;;;;
-
'\
\
s S III
.~ "n 1E (J)
Q) co.g ~
;;;;;;'"
Cl)
l>
~
:0
o
CLL LLLL LL~
]l a: 0. a: a: o.a: '"
1-UlotUUlOUl$
Jl!~O~~o~g
..(/) (/)(/) (/)5
....."
crt?;
... ~ ~\
o \-
e. l!l
III ..... ~ -a.
CCO~.- ",0 <( <(
(G <f7 ~
en(/)
~ g % ~\
?:Nom c
I- ~ ~ \U1~
(/) iO '"
':::;l -0 It>
C) I- U>
a
o
-
I-
\'"
$
't'C')
c.....
i
o
.....0.
o~
, ~
DC')
{f~
"
<f7
bO
~o
CllcO
..., ~~
tb .
o c<:>,
~ro
~a
\
-
"
'"
\'
;Q
o
F
\
lOgg~o~
"-~"'-r-\.Dr
c
o -
"+=l ~
::1~~(j) ;.~
Oc.o..COlID:J
l-~E~$a::o
t::' Q) 0"'0 (\) fJ) \-
~cOdl~$~
._0~5""o.-",
50'" ::>~
~ 8
o
..... C1J C1J
r-g Q. !2~
(a)8~~~c:(!;:&
"~0>-i505~(3:J~
o~60tb tbg
<:n~ ~ !::<'-I
'" '" '"
\
~E
~.g
gOJ
.- "
s:l
._ -0
Cll '"
~~
2::;)
-8'"
'00 .s
(Do
.'2. 1D C
0:"5 0
ro ~ (.).~
'E2~;: c
0- a:1 ~ 8
,*=.s:;~ .S:2
(i3e""'''::01C .~
om"'.Sfi-E
*'" (/) <J) -0 (J) CD 0
0(\)8-0-0-:':::
1Il~a:-3g28
.~ (\) ~ c.!) 0-
"0 (I) ~ 00> to CD if}
cd >,:"'0'- .':: .... o.lll
t\).c:=~3Q)Oa:
L="'::;)5Z'!:l.<l.:I:<(
-
\
I
o
\B'
o
:c
o
.5
;;
g
(/)
-8
~
I-
'"
'"
o~
;; ~='
o .~ ~
~ t)~
~
.g .s;; g
ro :s::;::::
03 2$
~ (()~
R a:>~
..... -g"a1
~ ~~
'% ~~
0. .~ ~
oS 6 ".g
co ",,,,
'>'~ )(0
0::1 wE
,g 0)0'>
>- c .~ c:
"," (i)'E
~~ roo
~c. ~o
\-.- a, ~g-
.~ $ --;;;. CD
g~'~ :;.s
.cE ~ ~o --:::;
U)<D - t-........ ~
(l)~ .sa ~~ 1n
~~ .~ ~S {f
.....ttS 3- 5(1) 0 ~
gas -. c'o>"ii) co
'E2 ~ ~~ ~~ 3
8c: Q.) ,,=~g -0('0 Q)
o.c;.... EO-'- c.3w :Q
::i ~ a:1 0 Q)"O a:1 "'0 ::J
...... 3: 0 '> "0 CD (d
",_ "'0 o.roQ) E.,=<l)~~CJ
~~ H'o ::J.c~ ::::::NJt'O~'"
00 w ~o", LLCll"'''''''S
.!!!g-"' .:2.s::0 ;;;\B'.s-,-"<ii
-0 ~ .i!l;;g"'5~~~.\!!5
S~ 0"' ""_",,,,.,,,"Cll
~ (f) ~~oo:-m>-tl3roo'c
~o ~ t:c_"'CE(O'2.cn~""
._'" a: oC:>O(])"'=- cottiO
(j):.o orot::o:-~-a>-=:::::o~
c. Q.....O:' ro C'" f/)~ I (t\
w.a L- Q) Q..:;>._<Dc..::r:oo
;U 0"' .:2~~g",~;U50\J(9E
~ o~ ~0~~~~~~E~EE2
> om ~ <l.",-o.>e"ee-~
Cll .s::r >mOJ~"'~Cll-e--$
~.!!!o'" ~oE 50~$-$$",
0;;;(/)" o.<l.(i)S "'0",$"'''''''
~E.\!!~",.g. "'l'!g'E"'!g\\\!g!g::>
",~E~9(/)~~2~~ia::>aa'"
l-~g~5Egs~1ll~r~g~~~
3Cll<li e"",-,0.:23 ",OC ",,,,-0
_ooG~_~crn-m-~<D~"'C-
_OJ _>""'0",,,,,,,,,--0-_::>
",,,.s::;;001-~~"'0,,,::>-::>::>(9
(])>~~O?;~~s~~~o~~~~L-
U1U~- ~ __~~~~V....~O
'" "'. cg-i:g-Ci'" Cll 0 ~ 0 0'"
Cllo.",r;;"''''-o~>''''''S''''''.!!!
~!~o"'",~<l.~oSi:.!!!~.!!!.!!!>
"'~::>-c,,"'. _<l.",o->,->>o
lIl~o.080~0>o.!!!oo"'>~~'"
"-00'" c-o~o"'>oo~~~"'''
.., o'cs;;'-Q)C\!t.OC'JoC'Jt.O"'C-o-c"'C-o
~~~~os"'C~~"'C-o~-o~<D<Dm<D<D
>"'''' ~",,,,m,,,"'-2"'~~~~~
_"'-o-->"'===c-=-----
\.... +-' co Q) Q) 0::: ro ro (Q Q) co t'I$ ;:l. :J, ~ ;:l. :J,
9~~~~~<(~~~(/)~~UOLLLLLLLL
_ 1 I I I I I 1 1 I 1 I I 1 I 1 I 1
-
\
\
<Ii
>
.~
'"
LL
E
u:
OJ
'"
o
'~
"
2
S
I
,-g
Cll
g
u:
OJ
"
o
~
'"
(j;
E
;U
~
>
.
~
\~
'"
r
OJ
'"
\\
Ii
S
(j;
E
m
'"
5
'"
!J!
-0
."
.., <11
.r:=.g..
:<:.s::..
;; l'!
'ti)g
~5
. 0-
OJ(/)
j\'%
~:I:
1n~
g,.~
~~
C1J
o
o
'"
t;i
.0
~
o
g'
o
E
o
.s
~
(/)
-8
Cll
~
'"
'"
>
~
::>
o
'"
0)
'"
c
'~
'"
~
o<l
(jjb
E"' ~Oi
-0 r-~
'" '" '"
(; .'2: ~
~ "Co
",.s:: I
8.. 0 (J) C
f/J EQSQ)
ro 5fua:i
~ ffi";t=o:
\II g''' 0 <\
c."5..g~
u.. co o...~ ~
g ~:COi5.
u: rn r/J c: as
.... c2t'\S..c
,g ';, ~cno
.e ~ ~ g '~\
'5 (Q 0 Z f
IIlUJ 20.....2
oo::'=;:'
"i.~ ~'O-ro
OOi ~c$O
CJ:<:' .em'caE
0- .-mQ5ID
1.- (I) u.. .~:::: -0 ..c
! ~ 1b c: ~ Q) :S\
eo?-.g~~~
~,o..."O $ N'--o
.....;:l.Cc:=:'Ec
..... Q) co 0 ."
o.._.s.-c.o~
Q)854:ou:O:;(
(J) 'l< " 'l< 'l< 'l< "'::.1
\
a:l
{)
?;
\ ~
~
\
\
\
\
<ll
tJ
...
o
u.
~
~
l-
</)
G)
ia
(f)
I
~".
000
~O
UN
,,-
~~
'"
o
~
1ij
C1
IGl'''!~''!C\!''! C\lC\l
-00) CO 0> 0> 0> a> 0)
eCOOOCOCOCOOOCO
m
CO
"
E
o
o
~~
G>~
Ccnmu.n LO LO UlIOL()
e E CO <0 <<;(;'(0 G CD
~g ~ ,_:~ ,..:,..,.~ ,...:;,;:
~c::
" "
~ ~
00 "
C C
~ ~
OtJ
-;;~Cr')"'C')('I)Cr')C')
0"......................"...............
e
"-
in
~
"
C
~
o
C\IC\lC\lC\lN
t:ia)a>a:iai
COCOCOo:lCO
0>0>0>0>0>0)0>
<<:i0(cim<<:i00
LOLOLOLOLOLOLO
0)0>0)0>0>
<ci0cicOcO
LOLOLOLOLO
mO)!;I)C")C')C")C")
cimmo:io:icriai
LOLOLOLOLOLOLO
LOLOll)LOLl)
(O~~~(O~~
.......-........--..-
LOL01l}LOLO,LOU>
...-..-......,......-,..,..,.-
(O_~~Cl:!.w:.(O~Cl:!.
..............."......,..,.........,-
LOLOLOLOLO
~(O.~~(,O_
.,."......,.,......... ..--
LOLOOlO>O>O>O'l
;"""..--00000
<<!. "!. ,t'--_ ":. ,,~ ":. t'--.
...-..-.-..--..-..-..--
~,~'~ ~'~
~~~~~
00(')(>')(')(1')('1),(0)
..,....--..-,....,.,..
~~::!:;:!~:;!~
D ('1)..- ?,'I"- ~ ""': ~ r-;.f'o; ~'~ OC!"!,"':'~
,ct\ici'('j NC\lLO-C\1 tCl.OCl C')C\I<OOCO
OCr')C':lC\lC')C\JC\lNN,..,..,....,..,......,.,.,N'7
~*
~'~~~~~~~ffl~~~~~~ffl~~~~~re~~~~~~~ffl~~~~~~g
~~~~~~~~~~~~8~~~~":.~q":.~qqqqq~~~~~~~"!.~~~
~~COC')o......oomcor--.....com."'C')o>.....~r--C\I.....LO'COmCOCO~mC\lCO.....(OLO~~
e ~ ~~~'~ gt ~ ~_~~-51gj_~ ~~'St ~_~~ Ml'~ ~_ Gl_'~_ &t~ ~t~~',~ f:t:~ ~~_ ~~t ~ ~_ ~
8:!!a C').(')C') "<t "<tv. ~,~.y v C') ~ ('I) (Y') C')'C') C') C') '<t ~(')(I') Cr') (') C\I ~C? (')'r ("). '<t.""", ~
~p .
o>~o~~_m~m~~:om~_~.~W_N
~~~~~~d~~~ci~~'~cicid~~~~
, ,"-" "...,........... '..........C\J.................C\J................ .;....
, ",'""
D' IJ) C\J C\IIOC\J.M r-.,C\J 0 C\l I"-- W o:rN.M W'O(') V I.p C':I..... C\J('I')C\JW.....,o;t.I"--C\J.OO C\lC\J 0)....
_~~~~ci~~~~~~dci~ci~~i.~~~i~ci~~~~~~~ci~~~~~
c Q0I,C\J..... C\/'..... -......... ,.., .... " '7"'" ",;",.':L ..".. 'r-
l'll'$'." ,
E;.~ro~('I')~~~....~ro~.~O~ro&~dl"--~m~ro~C')~C':I~I"--~ro~.....~~
a:~~~~~~('I')~~g~~g$~~g~~~~a~~~~~~~~12~~ffi~~
..t:: C E:Gl."~. ".,,~ ":"'" ~'.'~ -,".~ ~.'~. _.,,,~. ~.,.~ -''''- "...~ "."~ ~."" "....'~ " ~ -_..~ "....~ ",.-: -.'- .
e~ I"--g~~~~i~i~~~i$~~~;:~~~~~~~~~~i~,~~~'~~im~
m~~g~~ -
CI) :: D N
~m~~~.'~~~~~~~q~9..qqqqOOOOOOOOOOOOOPOOO~0CI~0CI~N
~U~~,:~C\JC\J~C\JmC\/~mooooo~ciciddciciciciddcici6cicid~~~~~~
"i: 1ii, ....9T"......'.........
Q) 0> 1.0 ,Q;fl.
-;: (j) <<lo Q
~-3@~~i~i~~~g~~,~~~i~~~i~~:~i~m~.~~i~2~~R~R~~
~~~~mE-~q~q~q~q~q~q~q~q~q~q~R~q~q~R~q~~~~~~~
~~E<<l GlO~OOClOOClONorooroomo~oOCloOCloNOOClOOClOmOIOC\J.....C\J.....C\J~
~~W~O~IOVIO.~.lOo:rl.p.IO.IO~IO,o;tIO.IO~lOo:rlO.IO,o;tIO~lO.lOlOlOlOlO~
:;:: ~t- ffi~'!!!: . 'C':I an" .. C':I U) C':I
..... C ~. "~
e III ....
C/)(jj
! ~ ~ ~. ~ '~ ~ .~.
O...........................C\/.....
N'r-- C\J 0 ~ C\J Q'I.:m 10'0 OCI ,o;tr-
~iOci-&.ie\iuJ ..:JOO~i:\i~Ci:iCOi:\i
...."::".-.................."';'.' ''7 ";' '1:
Q'I'.IO'.O)':OCI'.~''-o''m'co ......0.('1').0).......,." ~
cicOo)"iciU;iNO)ci~'-:ii.ri"";~oi
'";',"';' '''T..q.r'";'................ -
t:a* . .
a.i:..~'....;;..ooNm
i) ~~.~~r:'R:f':,q
a: > ;:!., ~ ~. [;:; :~ [;:; .~
"
:c
....
a~~~~~~~~Qr:~~QC':I~rowmw.....p~~O~IO-~'~.....mMIOW~~
~OCII"--OCIoroOClro~oro('l').....moi~~~~iO~~~~iOci~.,..;~i:\iiOo)~coo)~~
'~(;)" ...... ............"........ '7' .,., '.' , ;". ' ".. . .,. '7 '7 -r.....
~;fl. _
~~~('I')~m~~~lOo)OCI~OCI~mdmlO.....~IO~....~C\J~C')~r-.~.b.....~I"--~M
E:~~~~~f':~~~~~~ .~~~~~~~~~~~f':~~~~~~~~~~~
g~Sg8~g~~~g~~~~~~g$~a~8~~8!g5~g~~~g~~~
~................................................._.................... ....._........................._.....-....~....._...._.............
:2
~
~~~%Rg~~~~~~~~~ig;~~~g~.~~~l~
~6.'~~~~~O..~~~~e\iri~~~.~iO~~~~~.~~~ci~
~mromOCl~~wr-.~I"--~OCI~r-.~I"--~~~~~OCIOC1I"--~o)'OCIm
........
~
O'oom.OO_NC\JO>(1')OCICO
~ ci ~ ~ ~ i:\i N d ,..: it),....:ci d .CO
>~ -- '
g;fl.
.!: ~ i.. C\J. ...t'W InC\JCp C':IIO ~.. 0
2~l'llo>tri-:i~trio)~~,....:o.:io>..:fo)
<<l u ~CO 1"--1"- I"-- ~ I"-- CO..~ o:l c-.... c-.... r-. (0
~ U
~O~
II ~
~ C1
~= Q),QiQi;a W.mQia >:
c~~ ~E~~~~~~ ~E~~~Gl~~ -
OS ofu'~.!: .Uw~EE~~'<<l2~ Uw!EE~~'~.!: g
:2"E :E~.n2:c >.~>.C ~a,g ~ ~'J!! ~~ 2:c>.~;>;0 ~a,g ~,~J!!~.n2'2 >.~ >.1:
~: ~~I~I~~.>:~~8~~~~~~~I~~~~~8~~~~~i~i~~B
- ~ l;am 10 ~ 1.0 mlOm ~.~ 10 10 IOtri..an cO ~ to co (6 (0 co tel <ow'cOW <o~c-.... ~I"--'I"-- ~.'I"-- r'o'r-.
~(fJ~>~ggggggggggggggggggggg8ggggg8,gggggggg
J C\JC\JC\JC\JC\JC\JN.NC\JNNN,C\lNC\JC\/C\lC\JC\JC\JC\JNC\lC\JC\JC\JC\JNNC\JC\JNNNNN
....C\J('I')<om('l')
~iOi:\i-:ici~
, ,. ",;""
.lOo:roC\J~C\J~.....<o~mm(1')~~
,-;j,~~U;>9""':~a9ci:i..:f.;;fd9~0
" "
~~f':~~Q""q~~~.C')C\I~ro_oWW.....OO
~1OC')c-....o(1')roc-....C':I_~..:fiOo.:iNo)~""':dN~tri~
~(OI"--~I"--~~~~c-....I"--~I"--IO~~l"--rol"--c-....I"--c-....r-.
.......
-
~
,
.
"
g
.
.
-
"
"
it
~
,
"
~
.
~
~
E
00
~
.
o
o
~
o
E
E
o
~
o
~
~
o
~ .
0_
g ~
00
. .
$a~
f;a;
. >
g~
o~
.;;; 'e
';:::<:0
.g~
00
E~
.E-g,
o~
~g:
~U
~~
em
~~
0"
~~
$-5
!~
o~
o.
~-g
$a .~
.0
0-
{l~
o.
E ~
.t!!c
00
~~
00
~ E
.~
~:ii
;:;.E
o~
s~
..c.t!!
."
~ii
~2
~g
~~
.0
stl
~~
~~
.0
E E
.gg
~~
o~
0-
.0
. .
~ ~
..~
00
...
~ ~
EE
0-
~ .
0_
.-
~.E
-g~
~..!!!
[5:
o~
3!~
02
.0
.t!!';;;
t:::;;
00
00
".
.!'2<ll
-~
-0
00
j~
00
E~
00
0-
~~
~~
~ ~
. .
- .
~oc
J
..~ c
00 z
lt~
.- 0
.~ ~
0
! ~
. ~ . .
c ~ . .
~ . .
~ . .
~ . .
~~ . .
,,~ . .
c . .
z . .
0 . .
~ . .
~ . .
~ . .
~ . .
::E-- . .
~ . .
~ . .
b~ . .
.~.., . .
c . .
z . .
0 . .
~ XX'
~ ,-)( )(
~^ . .
-,:,' . xc;'
~ . >f'
~ . .
~ . .
..~ .
,h . .
~
~
.5
~
~
u
.
~,~t!:..~t!:
~
-<:
f:! ~
m ~(j
~ r; ~
g~
~ m.!!!
ft'1 a: g
E' .
~ c 5
S ffi~
~~
S
<lllO......"'.CIl
0:0 0',0 0
<:'.ll'-<"JO>
c.OJ <0,00 (0
41._<"0>'0>.0:>
a..,....,.,.....,.....,....
C
s-;;t.,.... ~'Ol
. '"'0000
Q.lO 1'-.(') 0)
_..000'0.<:0
=t...~.~:~~
o.m-....n.OJ
ll)_R-~'83g:
:S~:b';Zd;
-a"'......"'0l
~,~~e.~
~';;:;;:;:;:ro ;:;:;
!:!..e.>...2'.,e?.-
.
~.
~6obo
J!!~mmffl
:g****
~
0.
"
~..fj'5i3,<3
(ij.JisiS1-si
0/1,"::1, ::I -::I ::I
,a-'@ gg g
o:~ ~.~ ~
""""1-1-.1-
. . . . . . . .
. )(,)0: . xx . .
. )<1:)( . . . . .
. xx . . . . .
. . . . . . . .
. . . . . . .
. . . . X.X .
. . . . x _x .
. . . . . . .
. . . . Xl< .
. . . . . . .
. . . . . . .
. . . . . . .
. . . . . . .
. . . . . . .
.. . . . . . .
. . . . . . .
. . . . . . .
. X.l'I . . . .
. X.Joe . . . . .
. . . . . . . .
. X,'l>.'! x: . . . .
. X',lie . . . . .
. x,.x . . . . .
. . . . . . x: .
,x . . . . . . .
. . . . . ,)II . .
" . . . . . . .
. . . . . . . .
. . . . . . . .
. . . . . . . .
~~~g
<0<0-0
80-
~ro
.~~.,~
""'1000
00
M(1).O:,..,....
CIllO.(OCJl
~~"~~
<D"o-m.o
~g,~f:::
lO~I'-(O
<b"}<b<b
......01."",...
<0<0'10<0
(0.1010'10,
eeee
-r-<.\I'O"l
$$$ffi
***81
t3;]'c3<3
,;jriroti
"5"5:5 "5
. ~ ~.~ ~
E E,c E
~~~~
og,:~~fe
<O-d"<O.tl)
g@@~
~g88
.,......~<.\I<:\I
C\J <0'1<1" <0 10
......0.000
<D<:'.l't\lC\l'<t
000-000
moooo
T'""C\I.C\lC\lC\J
'<!"':r,CIlM
'<1"(0.......(0
'<l"a:>(lJ..'<l"
<.\1.00,..-.0>
cb~~.~.
C)'OO 01 00
(0',10<010
;:;:;U:;IO,'lt)
e?...e.>..f!.I..e
OO-CNr,
m$$$$
~8i~~~
()5c3e3~
rioi"<'inf.dj
"5"5-"5"5'5
~~~~~
E E:E EE
W W W W 'W
1-1-1-.1-1-
~
..
~ ~ ~.~
_ I:: ~, <tl E;! ~ ~ ~
gl::.s~.!!1'ffi I::E.!!1B w~ OJ
E E ?:-. u 13 >. I:: E i3 .~. ~ I- 1: ((
ii.!!1 <::~~.!!1 ~ ~ ~ ~_ .2!~ g,?!,
~j~'~<Il~E~~~<::~i~!
W~~~ii~~~~~I]~il~
_.~ .. .:> <tl Q) o.;~<tl '"
_O"'m1:u> O((~o. xSfi!
O..g;i; ..:o:.2.2! ~ (0 m ~ W (f) W 0
E1ijii5-g~'~ ~:2!~'.s: 2'gll...E
mIJ:: w((0>> 0 IJ::' >."0 :::l
Zw U> ~ 0 ml:: ~
~ m ~.~
E 9:J:
W !8
-
~
-
,
~
o
"
o
o
o
o
"
"
.
o
~
c
W
~
~~
~t
.. 0
~ 0
o .
~"
.
~uog~c;:g
..C\lC\I(,)
e:(\i&lctct
~ .
(0(')<')'<1"
(Xll!}C)C\I
(0 0 '</"....
vl!}(O(Xl
C\IC\IC\IC\I
.......OlC\lI'-
~~mgs(;l;
~~~.~~
-I~I
ffi"" lil. ~_
ro 00
o 0_
~ ,rn
8 81\
C\I C\I.C\I
O"~O ~wl
0....0... .
'</"<OI'-'!22
8gJ88 g;:
C\I....C\lC\I
;;
o
"
~
o
o
~
"-
0"
g~
C).....
r-:.dJ
(Xl'CO
0"
;:-8
l!}o....
ee
0(\10)'0
ffim~$
&].SiSlSl
C3C3C3C3
ufnf<'icii
"5"5"5"5
g g g.~
EE E:E
Gl'W w;O)
1-'1-.1-1-
.
.1;; :::l
;5:';!l! ~'~ '"
~i3~"5.2!
'ffi WI- -g"3
>EwE(f)
~'.~'~';~ ~
~~ .~2 {g.!!1
ffil:: IJ::'5 ffi 13
I-w31{f)o.<Il
g:~:g~~~
'5:5C1lS-;-1-
(f) , ~'.m 0
2@2~W
c2:;;o[3
~d~l:ld
E 'm
. ~
I
l'-<DI'-oit C\I
r--OC\lOJ OJ
~~:1;m ffi
~
.
o
~a:
~~
o~
a:lE~
~..
~~ .~
:rigJt\!
<Il~S
.<!: OJ m
Bnu
. . 0
....'lii<=
~~1l
u c 0
1l2~
g g ,
~~~
, ,.!5!
. , ~
lil
~
<l
.
~
.
5
.
~
l
.0
~
,
~
~
.
.
'!
.
,
~
.0
~
!
.
J
.
.
"
~
,
,
,
!
.
,
]
.
.
,
.
~
~
1
1
I
J
.
!
!
!
,~
i ill
"
.<
"'
..
~~
l~
g~
E~
.!!!~
. 0
,0
~~
i ~
""
~~
'"
g~
,.
if
;~
".
i~
~ ~
H
..
".
~'C
"'
..
..
, .
..
"-
.,
8.~
;.ffi
;511
.0'
."
~~
"
Jig.
go
~i
~~
j
-
~
-
~ '9
" g
, <
<lii;
~~~~rJIESl!!!~
~ ~..,.... ',H't<'l ~ "''''
,
~!J~"''''R,",[l'''''''''
C~..."";;...g"
3!;;:"'0>~"''''as",0>
"
..E~[:5!;;:~~!;;:!;\;llf:l
E~~
,
"
tl.1I8g~~R~(;;a:;;
1iI fil ,,~ ~ ~ ..-
o
~g~~::~~~:3~~
~ ~
~
Q
Q
-" N
~tI:l-S
.>~
'o~
~ >o:!::
a:..!!!:1:
'i)~~
::>..!!! ~
l:! ::l E
~go
-"Eo
''!::Gll'-
E~Q
'" ~
>
..
~
--r:.~>~"",-"",..-~,v
i80"':O";;ci<?c;icioi
--
j~~;:::'6::;1'~~:i~~
!f: r,l -..... ..........
.~ ~.
1~~~~6;~~~j
!11~1~;~mm
>;lg1e~~~~FiJIlbl
~ g~gjreg~~31;!:E
-; "," .,-
i g:~;::~;::i;;j~;;
ii~:~~~m~~~
itl:~::;:::!"'7::!O>~~::~
o' _.'~
. J. .....I~ tli; l;Pi::.. ~ ~ !O:~
<(~~~~'~~'E~SE
~~~.:l:;~:::~ci:;
m~lmmm
~1~I~i~'8mi
Il~~ci;;~~~~d~
~ "! '-'! '': ,~ ,,!.,~ "".:'i
a:g=>oo'79"'"oo<?
~ ;
i~~'ci:d;:;;~~:i~
J"J' ,
t*
- - a. ",...OJ> ...""'''' ,.,,...
.l! Lri oi.aSg <iaSi3.'<i.-i
o .... .
.
9l~'~"~~~~::~;
i:/ilCO<>l"''''O>o",,,,,,,
~&! /,. c'.......... ...........
. '::.<'>......1;;l...""......!:l........
~ ~~~Lri~~~"':~
~ /;;j"'~~...(ll:=~5:?:
~ -_ <1>"''''.....,...... ........""
... i.Doi oicig Lrig..;o;;
l!ou
e:~
8 JI8.....I~.. ~.~ ~~: ~.~.~
~N""'-'" .........."',...'C
il~l~w~m~
!1~,.ci~~"C~~
~~I~imm~
~1~1~~.o.g.~$
~
E
g
-
<
..
1:' o~::;;
~J: ~~~ ~
""'~ .~
~~.m'h~
'il ",00 z ~rg"':l!!
!I!~.Eo:nla<=o
tl1::~ g>o 1: 85:g;
~~ ~~ag ~
~ 8l~~
"
i
~
'I
~
-
.
Ii
,
~
.
-
"
f
,
<
~
~
I
!
"
i
e
,
~
"
)
,
,
8
,
;
"
I
.
8
.
"
~
I
,
.
i
..
F
!
~
!
i
!
"
~
~
,
.!!l,,:
'I
H
."
[j
,~
,,,
"
""
-,
~~
'.
H
,.
'18
0;;
! I
,~
"
"
-e
~E
-,
!.
"
'g-g
-.
<,
1,
,.
q
~"5
"'
H
,"
..
'.
~"
E'
o.
:o;:g
. .
h
~g
""
-,
, H
I ~"g
~ ~i
=.
"
i E8
j ~!;
...
"_
eo
TVCVB Online Booking Report-YTD
May 2005 - August 2007
August Rooms Booked = 93
T""l't1d'("-...khD.~~<=1 1~1
Sou!h{'oostWin..:o ~-~~ '1
Ilo~_.~. r 'ifJrW: - 1""i ~~ 115
R...."d.Jm. ~ _ Jm;i~ ~ 1<)3
Pffh"..",,~103
poI.IIr...a...rt , .5
Pobr.'".mo
i1 "
Jfcdidorfu..P''1''.....
~- _ _ :::;'1/"''',1 6~
~ ',-,M
il!!iii!i!ilil '
HomptoD.lIw,~SuiffS
Ihtmlled8t>:,'Alu<ri{~
:i",h~'Suil"
~~r;or-i~
J
~1~2
_J
I J
i!I ,
b -i
~- .'~1. , .25-1
e...uortllinr.....ml.
e.n>f..tr....Mi.nJ"iet>l
C.sdoC.....
E....,WomcI1F,.m"..,ol,;
B....'\""'..-nI........1llio 'p..),
'ir/i'Il!166
"
100 HO 200
R(lorn NlghfsBool,tMl pt'l>H<>tl'1
2!'0
",
TVCVB Online Booking Revenue
May 2005 - August 2007
Revenue By Year/Month:
-~
r $56,152 ,
r--7:;'~:~
711I100. !
6UUQU . '-----
::::: .1-
JOOOO ..1=
'''''0. ]
)1)":]
g ~. IWLttI
_2005':2006
...,..
~
~ ~
~ ~
o(~ ~,
= .
~. ~. I . ~ ~ ~
~ ~ " ~
~ i ~ ~
.1006'100~
Total Booking Revenue: $171,050
l!I2U07
TVCVB Online Booking Report- YTD
May 2005 - August 2007
August Rooms Booked = 93
t....trd.('n.l;laa
1~1
S...th{,outWiuory PJllJJiliL.iL~1W~IJI 'IUUiIll!\.
:Roa.....~
.
I'" II~
R.on<l.ha
P..h""",
!~!II!!il:Ji~,lIllllilJl(.JIIIiIIllIlojIlli.Ol/,l/,;j. 93
HI,l!UWI!J~~!l.!,!.I~I' ~lkdWalli j 11}3
I '
I .
PIIi.U...R_t
P.l.C......
Hoid,,:dilJll!q._
~IIILlIo.~Wi/ilWi.~Jfi!Wil 6"
,
=I'"l:''' ..
.................~~ ~ ~~ 'M't- .._,._.....,,_....'t-~~ "-~-~~.MIoIJI ~ 25~
...".~". ,- .... ,~-- -. "-~..illOM~.I.... 142
Hom,_la.u& 8uIlft
E"""'<I<<I810;0-'>".""'"
l!Mh.'8uil"
C'omlwtLmr....oml.
r...do-<:'utl:
-,
1.\
II .
C..o>f..-lIuMiIl"""
B...W........Pollb'..._
BfltWmtrn r......n1> "
"
"
100 I!'O 200
Room NJP.1~ B(lllkw. pel' HOle1
".
".
TVCVB Online Booking Revenue
May 2005 - August 2007
Revenue By Year/Month:
~
~
71}(l00 I
60000 -
50000 1-
40000 1-
30000 I _
20000 l'
o.
10000 -
_2(105'1606
8
;;(
J.
~
..;
~
~. ,. 1 ~ ~. . .s "
~ ~ ~ ~ '" ~
= :l -'1
" l
_1006-100"
Total Booking Revenue: $ I 7 I ,050
1lI2007
GJ -l -n -I :::E -I s;: 10
""""'t 0 :::S.:::r CD C 0 III
~i ~Q.rn::J<
0.- en
-I
o
E!:
CX) 00 OJ OJ 0010
(;)(;)i\)i\)i\)m
-"-0 coro--....l ro
(J')""""t\)~--L.--l.......:E
~W-l. Q)OO~~
~
OJ'
oroS;:-Ien
~ )>::r -. CD
Ol. 0'" 3
:J n>::J CD
co coeDo
CD 0 en c
0_<
S" n> _.
en
'*
3'
o
s;:<-nOJO~
Cir!E. ~ CD ::l. 0
~ CD 0= Q.) ~ .3
c'<a a.
:::!.OO 0
1O'"
"
CD
~
<-I)>:DOJ
~ ~ m<:"w
'-mCllco:;E
c en =="'00-
D3 III a:~
1O
OCOS;:JJ
:::J"':J:::roo
5'~ a'a:J.
on ....0.
I lOOl
_.;>\ ac
=5"
en",
a.
o
3
'1J'1J
1O 0
" :E
" Ol
$!'<
<'
Ol
"
iii'
-l 00 00 -n -I:::E -I S;:IO
o C III :::!.:::r CD con>
~:J'-+ cQ.CD:J<
~ Cri en
roCOCOOlQ)roCOO
i\) i\5 i\J i\) i\3 t\)i\Jlm
Q)(J'1-!::>o(.UI\)......oro
....-"f\)-L(jJ-L--I,......:E
f$f\)~c.ucoQ')......o~
~
3'
O)>:::E:::EOOOen
::r ~ -. '" 'o:;Y Ol
_. III a: - -. ::s
gao~ om
'" Ol 3 -. a.
o III c3 III
~ -
o
"
<
or
'*
3'
o
:::Erozoo;>\z-n
_.0 CD CD "'C m CD a
~c5a:t;~.~:E3
o CD OJ c....::J n> I
~<D-~ OOD,l
-'Ol <en 3
::JoWCD "'C
::r ='< en
1O :;y
'< -.
ID
Z'*'1J)>-IS;:GJ
III III III C CD -'<0
~-<3~~53
O~Omlll
CD jii'~S~
~ III s:u
::J
S;:OOOO:Dz
c s::u III <"CO
~::JaCD::E
-'OCD -c
sa -. CD ~.-<
III CD a.. 0
'" 1O ~
o '"
-l 00 00 -n -I:::E -I S;:'':J
o c 0> :::s.::r CD C 0 Q)
S':J- ~a.m:J<
- en
CDCXla:lQ)OOOOCDO
-------w
<oro::Jm~;wro
....ww......I\)--L.--l.CO:E
.I::lo.......p:. CD.(::l.O> III
'" -
'"
,
3'
OO'1J-I)>rr-len
Sl> n> c ::!. i> III (J)
:J en C/) N. (f.l 3
o~@ g <ro
CD' co ::J III g g
(Q::J llliD<
o OJ 00 Cir
'*
3'
o
OOS;:S;:IGJS;:S;:~
C -'co m CD III C 0
::3g.::J::E""""'too"""l3
() -.::j.; III 3 en ::1.
_.CO CD =: III ill ga,
-<"mID ::Jos>>
:J '< E
en
1O
~
en
ooz-o=o-o-l
III (D 0 -'. I3l ([)
""':E"O-"
.-+ <: III Q.. 3:J
III m,< en (j) CD
0:::1 "'Coo
5)<9.. :::s. ~
::::!.lll :J CD
S"a ~
-10000 -n -I:::E -I S;:lo
o C III :::!.::r <D C 0 III
S':J- ~a.m::J<
- en
CX>OOOOOJ co co OJ 0
::L:!::!c.oCD~Q)O>
1\)......0 CD
~ ~.... w ~ CD.... ~I<
Q)col\)om -Lwnf
<0 _
'"
,
3'
mrs;:-o<-omen
;:, 0 III --0>;:'
co ;:, ~ - n. -co
- 0.,< 3 0 3 -
III 0 - ...... 0>
;:,;:, III 00< 0;:'
a.. ;:,"'C =CD a..
a..:::::!.CD Ul <
;:, CD !i)"
co ;::+ I;:::;:
en -.
"
o
:::Eooos;:o-no~
_.:::TCD CD C1 CD ^" 0
~6'm:2.mUlill3
o III --1O,,":;Y
;:,COCDCDUlOO
!:!? 0 a: 3
" 1O Ol
00 00 00 0 J::'S;:-o
III C1 III Ill.... CD::J
;:,Q.;:':::l.enUlO
s;:,"s;:[g-<Ol~
III ;:, tu tu CD -.
CD 0..0 a..~ x
o 0 en
en
oooos;:-o)>z
III CD III c CD :::::!.co
=:::I;:,.......;:,N:::
Ol 3 c....:::::!.;:, 0
en III c co Ul ;:, c....
~llliii~lll~
" Ol en
o ;:, ~
Ol -.
-0 Ol
~.
~
Ol
"
o
OOIOJ
Ol 0 0
;:, =Ul
,,~o
1O 1O "
~ ~
"
Ol
"
a.
o
<
ac
CD
'<
-l 00 00 -n -I :::E'o
o C III :::::!.::J CD III
;:::1- ~a..<
- en
00000000000
Ui~w-i\5::::i:~
1O
.....WI\)I\)-L(i)<
.......f::.-....J-.....jUll\)nf
..... -
~
3'
c-omS;:-Ien
:::I III ;:, c CD
;:::;: -co ..... 3
co 3 jiJ:::::!. CD
a.. 0;:' !!a. 0
ACOo..lll!:.
--Ul III <
::l co -.
ca ;::+ !:!?
a.. :::!:
o "
3 0
-n0S;:S;:~
CD ^"lll -'0
Ul ill :j" g. 3
55" CD cO'
3 ~
Ol
rs;:-oooo
)>co::Jffi"1ll
Ul 0 ..... :::J
Jl>~coo
)> x' 3 roO
NO",
ao
t)>zOJO
_:::::!.co 0 0
~.~ ::: ~ ~
;:';:,c....Olll
lll~;:,:s:
en 1O
1O en
'< Ol
)>
c
(Q
c
VI
~
N
C
C
.....
s:
o
:s
~
:;y
.c:
)>
n
~
;C'
=:
'<
:0
Cll
"C
o
::l-
-
o
...
-l
Cll
3
Cll
n
c
or
<
!!!.
iD
'<
<
iii'
=:
o
...
en
o
Cll
"
~
Cll
~
__q,.,~_~ c, '-"
Temecula Valley International Film & Music Festival Event Promotions
..
_lUlllIO:.UI_
-,~
II......
-~
~-~
r..o-__......__1!6o
::-.=i':.t,=:2:'=t..'=
__01__ .
--
....'~
II.......
--
...---.......
..I"_._~_-
-.-...""'-...-
--""'....--..
-
WI'O_~r::'~~IH';'~
_...._cO..........
._"".......~pd.I.-
Marketing & Advertising
Southwest Airlines-
Featured Destination Ad
For the 2nd time, the CVB marketed
the Temecula Valley through a
Southwest Airlines 7 -day website
promotion. The ad showcasedou,
feature-rich destination by highlight-
ing special airfare rates starting at
$59 one way via Ontario and San
Diego Intemational airports, dis-
counted room rates, value-added car
rentals and the many fun things to
see and do in the Temecula Valley.
Our first campaign in March 2007
had over 6 million people exposed to
our city via the Click 'n Save emall,
with 3,799 incremental passengers
booking airfare and traveling by Au-
gust 24th. The July 2007 campaign
had over 6.2 million viewers, booking
an incredible 18,204 reservations.
The national average spending per
person, per day is $127, so if 18,204
passengers spent the national aver-
The CVB is conducting a 3-part mar-
keting process to promote the Film
Festival and increase room night
bookings for the TID hotels. Custom
invitations were sent to 1,000 atten-
dees. First, to producers and direc-
tors for day activities. Second, to
international film-makers to extend
their stays to 5-7 nights. And third,
to help promote two tours. A site
tour in partnership with the Inland
Empire Film Commission to assist
producers and directors with scout-
ing opportunities that will be offered
Thursday, September 13th from
11am-4pm for up to 112 partici-
pants, as well as a wine tasting tour
for attendees to get a taste of the
age, that could result in $2,311,908 in
direct visitor spending per day within our
community. The average increase for all
hotel bookings via southwest.com into
Temecula was over 255%.
Fall Rod Run Promotions-
The CVB is supporting the Fall Rod Run
this year by performing a 2,000- piece
direct mail initiative. We are focusing on
existing events by generating extended
stay opportunities for visitors from out-
side the area.
Temecula Wine Country on Fri-
day, September 14th from 11am-
4pm for up to 112 attendees. The
CVB will also host the VIP Hospi-
tality Suite for the festival from
Wednesday, September 12th-
Sunday, September 16th. Staff and
volunteers will be on hand to en-
sure the visiting guests have all the
information they need regarding
our region. On Thursday, August
16th, the CVB participated in the
festival's Media Event at Temecula
Creek Inn. Staff was present to
answer tourism questions, distrib-
ute media kits and support the
Film Festival in their marketing
efforts.
SportsTravel Magazine-
Capturing the sports market is
one of our target goals in order
to increase midweek room
nights. This magazine serves
the sports-related travel and
event industry. It is the only
publication written and designed
to serve the people who organ-
ize and manage sporting events
of all types and levels. This
publication is read by more than
16,000 industry decision makers
and should allow the CVB to get
in front of those individuals who
have the potential to book ideal
business for our region.
Walk Ins................. ...1,897 Room Night Bookin:gs.............. ...93
Phone Calls............... .1,466 Media Inquiries..................... .....22
EmailRequests.......... ....322 FAM Tours/Trade shows........... ...1
Mail Orders. ............. ...1,274 Events & Festivals............. ...... .....2
Marketed Events.................... .282
AUGUST 2007 HIGHLIGHTS
California Travel Research
California Hotel Occupancy and Room Rates (July 2007) _ California hotel occupancy slipped in July. averaging 76.5% statewide, down 1% below
2006. Room rates were 6.9% above July of last year. -Source: Smith Travel Research, CA Lodging Industry Performance, August 2007.
Overseas & Mexican Visitors to California, Full Report 2006 now available - Highlights as reported last month: Approximately 4.6 million overseas
visitors (21.3%) indicated California was a destination on their U.S. trip in 2006, down 3.7% from the 4.8 million overseas visitors to California in 2005.
Source: CIC Research Inc., Augus12007.
California Domestic Travel Report, 2006 Executive Summary - The following excerpts are from newly received 2006 domestic visitor volume, market
share, and trip characteristics from O.K. Shifflet & Associates:
. California's share of the U.S. domestic travel market increased for the fourth consecutive year. California's market share not only increased, but
also increased by a significant margin - jumping from 11.09% in 2005 to 11.50% in 2006 - representing the largest gain among the 50 states.
. The 2006 travel year established another record for California's travel and tourism industry. California hosted an estimated 352.3 million visitors in
2006, representing a 5.1% increase over the 335.4 million U.S. residents that visited California in 2005.
· California maintained it's ranking as the top destination in the U.S. in tenns of person-stays market share and number of visitors.
· Both leisure and business travel to California positively affected total travel volume in 2006. Leisure visitation increased 5.0% compared to 2005,
while business travel grew 5.3% .. marking the third consecutive annual increase. Califomia leisure visitors totaled 256.4 million in 2006 and business
visitors totaled 95.9 million - both setting new record highs for California.
Resident leisure travel was the primary driver behind the in.state gain, increasing by 7.7% over 2005's total of 279.8. Out-of-state travel to California
declined from 55.5 million in 2005 to an estimated 53.3 million in 2006 - the first such decline in recent years. The decline was driven by a 9.6% drop in
non-resident leisure travel (Numbers are preliminary pending publication of the full report in early or mid.September). -Source: O.K. Shifflet & Associates, Ltd., August 2007.
Cultural Tourism Resource - The online database of the Centre for Cultural Policy Research (CCPR) at the University of Glascow, Scotland, is de-
signed to assist those working or researching in the arts, culture and major events. Research themes include studies on the social and economic effects
of: arts and culture; arts, culture and education; arts, culture and inclusion; arts and health; arts, culture and audience development; arts, culture and the
economy; cultural tourism; major cultural events; and major sporting events, with an emphasis on research published since 2000.
Family Travel Study - A new study by Harris Interactive commissioned by Best Western International finds that today's family vacations are shorter yet
more elaborate and expensive, involving journeys to farther--particular1y exotic--Iocations than what most people remember from their childhood, accord-
ing to a new survey. Travelers are more likely to include pets in their trips over grandparents, aunts, uncles and cousins. Eighty-eight percent of U.S.
adults who take family vacations indicated that a getaway these days is different from when they were children. More than half (55%) claimed that today's
vacations are more expensive, while just over two-fifths (42%) said they now travel greater distances. -Source: Best Western International, 8/1612007
Vacation Breaks Getting Shorter - The leisurely summer vacation--long considered a chance for employees to break away from work for at least a full
week, if not two--has fallen out of favor. Instead, says The Wall Street Joumal, drawing from Expedia.com's annual Vacation Deprivation Study, many
people are opting to break their vacation time into long weekends, according to researchers who track vacation patterns. Some employees are even
combining their vacations with two- to three-day business trips to avojljf being away from work at all. The study finds that earned vacation time often goes
unused. Despite earning the least amount of annual vacation days, AKlericans will leave an average of 3 days unused-totaling more than 439 million in
2007. The trend has picked up as the work force has grown leaner. Another factor is the growth in the number of dual-income couples, which has made it
harder for people to coordinate their vacations. -Sources: E>:pediarom; Wall StreetJoumal, p.Dt, August 15, 2007
Here We Grow...
Come see us in our new office space! In August, the CVB
moved into the suite directly across the from Chamber's
Courtyard, Suite B. We now have adequate space to op-
erate and offer a reception/iobby area of our own. If you
are a member of the TVCVB, please feel free to drop by
and bring your collateral. Hours of operation will be Mon-
day-Friday from 9am-Spm. Look for an invitation to our
Open House on Tuesday, December 4th at lOam.
Branding Discovery Meeting
In order to achieve strategic positioning and over-
all brand recognition, the TVCVB, along with
Miriello Grafico, will be conducting a Brand Discov-
ery Meeting on Wednesday, September 19th. Se-
lected individuals will meet to identify the key
components needed to launch a successful brand
identity campaign. The end result will yield a new
TVCVB identity, a style guide, new broadcast pro-
duction/media placement and measurements.
Lake Elsinore
Temecula
~ County ofRiveJ:side
TO:
Sarah Mundy
Deputy Director
Riverside County EDA
Aaron Adams
Assistant City Manager
City of Temecula
Ron Bradley
City Manager
City of Murrieta
Cathy Barrozo
Analyst
City of Lake Elsinore
FROM: Stevie Field
Executive Director
DATE: September 15, 2007
SUBJECT: SOUTHWEST CALIFORNIA MONTHLY MARKETING UPDATE
-"n' .".,......................."..".",.,,,
Dear Partners:
Please consider this an update on the marketing activities for the Alliance as required in the
Southwest California Marketing for Business Attraction Agreement.
Leads
During August, eight contacts were made to our office for information. As summer as come to a
close, April and I wili be working diligently over the next 30 days to reconnect with leads that have
gone cold.
Web-site/GIS
During August, we had 8,945 visitors to our website. Augusts' visitor total was down slightly from
July, however, I am confident that this is due to so many people being on vacation and taking
time off from work. I am reviewing the website now for its annual update. If you have any
recommended changes/deletions/additions, please feel free to let me know.
Incorooration/Bvlaws
We stili need formal approval of the Bylaws. I have emailed the latest Bylaws version to each
Partner and have provided packets to two of the Partners with a check-off list of what has been
completed in the incorporation process, which I have included below. I hope that we can adopt
these bylaws at the end of September.
Articles of Incorporation
Registration of Business Name -
Filed and granted by the Secretary of State
Employer Identification Number -
Approved and assigned
County of Riverside Business Registration -
Approved
By-Laws -
Corporate Bank Account -
Waiting for Board approval
Mission Oaks National Bank
501 (c) (6) application -
In process
Payroll Service -
Paychex
Paychex
Hartford (through Paychex)
Workmans Comp Ins.
Business Liability Ins.
Soarina Dimensions
The Soaring Dimensions was delivered to my office and I will drop a supply off to each Partner
this week.
Virtual Job Fair/Job Database
Our first Virtual Job Fair will be held on Oct. 21 - 28, 2007. We have changed the dates as the
PE and the Californian were both hosting job fairs around the same time. We have also
discovered that the employers are pleased with the time extension so that they can play around
on the site for a little longer before making a decision. The fair will be located at
www.stoD\(ourcommutina.com.. To recap on the exhibitor levels and fair information: we will offer
three levels for exhibitors. The Elite Exhibitor level will be $5,000 and we will have five (5)
spaces, the Premiere level will have seven (7) opportunities at $1,500 each and the standard
exhibitor fee, of which there will be unlimited openings, is $500.
Each exhibitor will be able to list all of their openings during their fair and then all job opportunities
will be transferred to the Alliance job database. Each exhibitor will be provided a visitor counter
so that they can see how many applicants visited their booth and all resumes that are submitted
will go directly to the company. The Alliance will also have a master database which will "house"
all resumes filled out by applicants. The resume form will be standard and will be the same for
everyone, meaning the applicant will not be able to "cut and paste" their own resume, they will
have to use the format provided.
Visitors (or applicants), will be able to search by company or by job title. Companies that are the
second tier or Premier exhibitors will have their opportunities displayed first. All Premier exhibitors
will have their logos included on marketing pieces. We will also have the ability to email all
exhibitors and inform them of upcoming fairs as well as find out if our fair was successful for
them.
At the end of the fair, I will provide a report to the Partners with total visitor count, total monies
generated and total cost of the fair. The first fair will be the most expensive because of the
building of the infrastructure. Depending on its success and employer need, it is my hope that we
will host this show two - four times a year.
This is a complex project and there is a lot of information associated with it. I will be happy to
meet with you and/or your Councils or sub-committees to review the fair in its entirety.
Trade shows/conferences
On behalf of the Alliance, I will be attending the following trade shows/conferences:
International Economic Development Council (IEDC)
(TBD) National Association of Manufacturing (NAM)
Industrial Asset Management Council (IAMC)
Corporate Office & Real Estate Network (CoreNet)
Scottsdale, AZ
Chicago, IL
St. Louis, MO
Atlanta, GA
Sept. 16-19
Sept. 23 - 26
Oct. 7-10
Oct. 27 - 31
If you need any additional information or have any questions, please contact me on my cell at
(951) 236.2036.
Sincerely,
Stevie Field
Executive Director
Copy: Robert Moran
Gloria Wolnick
Simone McFarland
Kim Cousins
Verne Lauritzen
Ii
-
I.
ITEM NO. 18
I
I
Approvals
City Attorney
Director of Finance
City Manager
~f'"
IJ/L
(J(L.,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Shawn D. Nelson, City Manager
DATE:
September 25, 2007
SUBJECT:
City Council Travel/Conference Report - August 2007
PREPARED BY:
Sue Steffen, Executive Assistant
RECOMMENDATION:
Receive and file
On August 29th Council Member Ron Roberts traveled to Los Angeles to attend the Southern
California Association of Governments Administration and Transportation & Communications
Committee Meetings.
Attachments: Meeting Agendas
~"
,.
SOUTHERN CAliFORNIA
)
~~
~~
~
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t (213) 236-1800
f(213) 236'1825
~
www.scag.ca.gov
Officers; Presidenl. Gary Ovitt S~II Berndrdinu
(otinty.Fi~IVi(eple)idem:Ri(hJrdDlxon,Lake
FOlest.SecondVkePresidenl: Harry Baldwin,
San Gabriel. Immediate Pasl Prelidem:Yvonne
B,Bulke,lolAngelesCounty
Imperial (ounty: Vinor Carrillo, Imperial
(o~nly .Jon Edney, EI CenUo
Los Angeles County: Y\'Ulllle S. BUlk~, lm
Angeles Coumy. lev YJro\la~sky, Los Angeles
County. RichMd AIO{con, Los Angeles. Jim
Aldinger, Manhatlan Beach. Hmy Baldwin, San
Gabriel. Tony (Mdendl, Lo\ Angell'S. Stan
Carroll, La Habra Height,. Margaret Clark,
ROlenlead. Gene Danieh. Paramuun(. Judy
Dunl<lp,lnglell'ood.RaeGabehch,longBeach.
OavidGafln,Oowney.EricGM{elU,losA~geles
. \Ve~dy Greuel. Los Angeles. frank Gurule,
Cudahy.J,miceHahn,LosAngeles.lsadoreHall,
Compton. Keilh W. HJnks, AZUSJ. Jose Huiw,
Los Angeles. Jim Jeffra, Lan{aster. Tom
-La6onge, Los Angeles. Paula lantl,Pomona.
Barbara Messina, Alhambra .lJlry Nelson,
Arte)ia.Paul~lowalka,Torrance.PamO'(on~or,
Santa Moni{a. BernardPalks, los Angeles. Jan
PelfY, Los Angcles. fd Reyes, LosAngdes. Brll
Rosendahl, Los Angeles. Greig Smith, Los
Angeles.Tom Sykes, Walnut. Mike Ten, South
PaSoldeno.Tonia Reyes Uranga, Long Beach.
AntonioVillarafgoso, LosAngeles. Dennis
Wash~urn,Calab05aS.Ja{kWeiss,LosAngelts'
HerbJ.Wesson, Jr., losA~geles. DcnnisZine,
Los Angefes
Orilnge(ounty;ChrisNorby,OrangeCounly.
Christine Bar.nes, La Palmo. John Beauman,
Brea. Lou Bone,fuslin.DebbieCook,
Humington Beach. Leslie Daigle, Newport
Bmh.RichardOixon,takeForest.TroyEdgar,
tos Alamitos. Paul Glaab, Lagu~a Niguel.
Robert Hernondez, Anaheim. Sharon Quirk,
Fullerton
Rivel$ide (ounty: Jeff Slone, Rivelside County
. Thomas Buckley, lake Elsinore. Bonnie
flickinger, Moreno Valley . Ron Loveridge,
Riverside. Greg Pettis, Calh~dral City. Ron
Robens,Teme{ula
San Bernardino County: Gary Ovitt, San
Bernardino County. Lawrence [)al~, Barstow.
Paul fdton, Montclair. lee A~n Garcia, Grand
Terrace.TimJilspfl,TownofA.ppleValley.Larry
Mc(allon,Hfghland.OeborahRobertson,Riallo
.AlanWapner,Ontario
TribafGovernmenlRepresentative:Andrew
MasielSI., Pe(hanga Bandoflui,enolndians
VenturaCounty:UndaParks,Ventura(ounty.
Glen Becerra,SimiValley.Carl Morehouse, San
Buenaventura. ToniYoong, Pori Huenrm~
Orange (ounty rrilnsportation Auth.ority:
ArtBrown,BuenaPark
River.;ideCountyTransportation
Commission: Robin lowe, Hemet
Ventura(ountyTransportation
(ommission:KeilhMillhouse,Moorpdrk
6.11.07
MEETING OF THE
PLEASE NOTE DA TE AND TIME
Thursday, August 30, 2007
8:30 a.m. - 9:30 a.m.
SCAG Offices
818 West ih Street, 12th Floor
Conference Room San Bernardino
Los Angeles, CA 90017
213.236.1800
If members
attachments
of
the
public wish to
or have any questions
agenda items, please contact Carmen
213.236.1984 or summers@scaa.ca.aov
review the
on any of the
Summers at
Agendas and Minutes for the Administration Committee
are also available at:
www.scaa.ca.aov/committees/ac.htm
SCAG, in accordance with the Americans with Disabilities Act (ADA), will
accommodate persons who require a modification of accommodation in
order to participate in this meeting. If you require such assistance, please
contact SCAG at (213) 236-1868 at least 72 hours in advance of the
meeting to enable SCAG to make reasonable arrangements. To request
documents related to this document in an alternative format, please
contact (213) 236-1868.
RECEIVEO
AUG 2 2 2007
CITY MANAGER'S
OFFICE
'A D M I N 1ST RAT ION
.
AGENDA
COMMITTEE
"Any item listed on the agenda (action or information) may be acted upon
at the discretion of the Committee."
1.0
~ALL TO ORDER & PLEDGE OF
ALLEGIANCE
Hon. Ron
Loveridge, Chair
PAGE #
TIME
2.0 PUBLIC COMMENT PERIOD
Members of the public desiring to speak on an agenda item or items
not on the agenda, bnt within the purview ofthe Committee, must fill
out and present a speaker's card to the Assistaut prior to speaking. A
speaker's card must be turned in before the meeting is called to order.
Comments will be limited to three minutes. The chair may limit the
total time for all comments to twenty (20) minutes.
3.0 REVIEW and PRIORITIZE AGENDA ITEMS
.
4 .0 CONSENT CALENDAR
4.1 Annroval Items
4.1.1 Minutes of Julv 12. 2007 Meeting
Attachment
4.1.2 Contracts over $250.000
Attachment
4.1.3 Aoorove the FY 2008-2009
Comorehensive Bud2:et
Develooment Schedule
Attachment
4.2 Receive & File
.
4.2.1 ContractsfPurchase Orders and
MOUs between $5.000 - $250.000
Attachment
1
8
11
13
#13746Jvl ADMIN AGENDA AUGUST 200?
J.~I:(lOPM &/20/2007
C.SlIMMERS
ADMI N ISTRATION
COMMITTEE
AGENDA
5.0 ACTION ITEMS
5.1 Re!!ional Comnrehensive Plan
Sustainabilitv Conference
Attachment
Douglas Kim,
SCAG Consultant
Recommended Action:
Co-fund $10,000 toward the cost of hosting a
Regional Comprehensive plan Sustainability
Conference in January 2008.
5.2
Contract Manual Amendment
Attachment
Ley ton Morgan,
Contracts Mgr.
Recommeuded Action:
Amend sections 8.1.1 (Formal Request for Prop.IBid)
and 8.1.2 (Informal Request for Prop.IBid) of the SCAG
Contract manual to establish specific policy to govern
Contracts funded from the General Fund.
5.3 Imnlementation Re!!ardin!! GASB 45
Irrevocable Trust
Attachment
Basil Pauas,
Accounting Mgr.
Recommended Action:
Recommend that the Administration Committee approve
the following documents relating to the implementation of the
Governmental Accounting Standards Board Statement
No. 45 (GASB 45) Irrevocable Trust.
5.4
Statement ofInvestment Policv
Attachment
Wayne Moore,
CFO
Recommended Action:
Recommend that the Administration Committee
Adopt the Amended Investment Policy.
11
PAGE #
31
32
34
47
"
~,.
?\.
V'l
TIME
5 minutes
5 minutes
.
10 minutes
5 minutes
.
#137463vl ADMIN AGENDA AUGUST 2007
3,19028 PM 8/20/2007
C.SUMMERS
~DMINISTRATION
COMMITTEE
.
AGENDA
PAGE #
TIME
5.0 ACTION ITEMS-Continued
5.5
Government and Public Affairs
Classification Studv Results
Attachment
Rhonda Lawrence,
SCAG Staff
56
5 minutes
Recommended Action:
Approve the Classification levels and
the Salary ranges.
5.6
Snonsorshin of the 2008 Faster Freight
Cleaner Air Conference
Attachment
Jonathan Nadler,
SCAG Staff
59
5 minutes
.
Recommended Action:
Approve $25,000 sponsorship of hosting
the 2008 Faster Freight - Cleaner Air Conference.
6.0 INFORMATION ITEMS
6.1
CFO Monthlv Financial Renort
for June & Julv 2007
Attachment
Wayne Moore,
CFO
60
10 minutes
7.0
AUDIT COMMITTEE REPORT
Hon. Paul Nowatka,
Chair
8.0 STAFF REPORT
.
11l
#137463vl ADMIN AGENDA AUGUST 2007
3019028 PM 8/20/2007
C.SUMMERS
ADMINISTRATION COMMITTEE
,
AGENDA
.~
PAGE #
TIME
9.0 FUTURE AGENDA ITEMS
Any Committee member or staff desiring to
place items on a future agenda may make
such a request.
10.0 ANNOUNCEMENTS
11.0 ADJOURNMENT
The next meeting of the Administration Committee
will be held on Thursday, October 4, 2007 at the
SCAG offices in downtown Los Angeles.
.
.
IV
#137463vt ADMIN AGENDA AUGUST 2007
3,19:28 PM 8/20/2007
c.SUMMERS
SOUTHERN CALIFORNIA
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t (213) 236-1800
f(213) 236-1825
www.scag.ca.gov
Offitell:PresidentGaryOvitt,S~nBemilrdino
(ounty.firstVice Pres/dent:fiichard Dixon, La~e
FOIest. Second VJce President IlarryBaldwln,
San Gilbriel. Immediate Past President: Yvonne
B.Burke,I.osAngeles(ounty
Imperial County: Victor (a1l1l!O, Imperial
Coun'Y.Jon Edney,E1 (l/lIlrO
lol Angeles County: Yvonne B. Burke,los
Angeles County.ZevYaros!mky, LOl Angeles
(ounty. Richard Alarcon, tOl Angeles. Jim
Aldinger,Milnhattan8each.llarryBaldwin,San
Gabriel. Tony (ardenas, Los Angeles. SIan
Cmoll,LiI lIabra Heights. Margaret Clark,
Rolemead. Gene Daniell, Paramotlnt.Jndy
Dunlap,lnglewood. Rae GabeUch,tcng Beach.
[lavidGafin. Downey. Eric Garretti,LosAngeles
. Wendy Greuel,losAngeles. Frank Gurule,
(udahy.JaniceHahn,LolAngeles.lsadoreHall,
(olllflton.J(ellhW,Hanks,Alusa.lo~Hullar,
Los Angeles. Jim Jeffra. Lancaster. Tom
la8onge, lo5 Angelel' Paula lanll,Pomona.
Barbara Meslina, Alhambra .larry Nelson,
Artella.PauINowatka,Tnmnce.PamO'(onnor,
Santa Monica. Bemard Parks, LosAngeles.Jan
Perry,LolAngeles-EdR~LosAngelel.BilJ
Rosendahl, Los Angeles. Greig SmIth, Los
Angeles. Tom Sykes, Walnut. Mikeren,Soulh
Pasadena.ronia Reyes Uranga, Long8ead1.
AnlonieVillaraigosa, Los Angeles. Oennil
Walhbum.Calabasal.JadWelss,losAngefes.
Herb J. Wmon, Jr., Los Angeles. OennllZlne,
Los Angeles
Orange County: ChrIs NOlby, Orange Counly.
Chrinlne Barnes, La Palma. John Beauman,
Blea. LouBone,Tultln. Oebble(ouk,
lIunlingtonBmh.Les!ieOaigle,Newport
Bmh. Richard Olxon, Lake Forelt.Troy Edgar,
los Alamilcs' Paul Glaab, LagoR! Ni9oel.
Robert HemaRdel, Anaheim. Sharon Quirk,
Fullerlon
RjversideCounty:JeffSlone,RiversideCounty
. !bomas Buddey, lake Elsinore. Bonnie
Flickinger, Moreno Valley. Ron Loveridge,
Riverside. Greg Pettis, (athedral Gty. Ron
Robelts,Temecula
San Bemardino County; GaryOvitt,Sall
Bemardino County.lawren(e Dale, Barstow.
Paol Eaton, Montdalr. Lee Ann Garcia, liIand
Terrace.nmJalper,TownofAppleValley.Larry
MtCaflon. Highland. Oebcrah Roberlson,Rlalto
.AlanWapnef,ontario
TrlbaltiovemmentReprestnlatlYe:Andrew
MiIlleISr.,Pe(h~ngaBandoflulle~olndianl
VentufaCounty:UndaParks,VenturaCounty'
Glen Becerra,SimiValJey. (ari Morehoule, San
Buenaventura.TonIYoung,PonHueneme
Orange County TransportatiOll Authorlty:
Arl Brown, Buena I'iIrk
RiversideCountyTlaIISpOrtatlon
Commission:Roblnlowe,lIemet
VenturaCountyTransportalion
Commission:KeithMillhouse,Moorpilrk
6.21.07
MEETING OF THE
TRANSPORTATION AND
COMMUNICATIONS COMMITTEE
PLEASE NOTE DATE AND TIME
Thursday, August 30, 2007
9:30 8.m. -11:30 8.m.
SCAG Offices
818 West 7th Street, 12th Floor
Conference Room San Bernardino
Los Angeles, CA 90017
213.236.1800
If members of the public wish to review the attachments or
have any questions on any of the agenda items, please
contact Cathy Alvarado at 213.236.1896 or
alvarado@scaa.ca.aov
Agendas and Minutes for the Transportation and
Communications Committee are also available at:
www.scaa.ca.aov/committees/tcc.htm
BeAG, in accordance with the Americans with Disabilities Act (ADA), will
accommodate persons who require a modification of accommodation in order to
participate in this meeting. If you require such assistance, please contact BeAG at
(213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to
make reasonable arrangements. To request documents related to this document
in an alternative format, please contact (213) 236-1868.
TRANSPORTATION
COMMU NICATIONS
&
COMMITTEE
AGENDA
PAGE #
"Any item listed on the agenda (action or information)
may be acted upon at the discretion of the Committee. "
1.0
CALL TO ORDER & PLEDGE
OF ALLEGIANCE
Hon. Alan Wapner,
Chair
2.0 PUBLIC COMMENT PERIOD
Members of the public desiring to speak on an agenda item or items
not on the agenda, but within the purview of this committee, must
fIll out a speaker's card prior to speaking and submit it to the Staff
Assistant. A speaker's card must be turned in before the meeting is
called to order. Comments will be limited to three minutes. The
<;:hair may limit the total time for comments to twenty (20) minutes.
3.0 REVIEW and PRIORITIZE AGEN~~ ITEMS
4.0 CONSENT CALENDAR
4.1 Approval Items
4.1.1 Minutes of Julv 12. 2007 Meetin!!
Attachment
1
4.2 Receive and File
4.2.1 2007 State and Federal Le!!islation Matrix
Attachment
12
Summary of State and Federal legislative
bills of relevance to SCAG operational
areas and issues of concern.
><
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
i
TIME
Doc# 138692
TCC 8/30/07
8/16/20074:55:45 PM
TRANSPORTATION
COM M U N I CAT 10 N S
&.
COMMITTEE
AGENDA
PAGE # TIME
5.0 ACTION ITEMS
5.1 2008 Regional Transoortation John Asuncion, 45 5 minutes
Imorovement Program (RTIP) Guidelines SCAG Staff
Attachment
Staff is requesting that the Draft 2008 RTIP
Guidelines be released for public review.
Subsequently, staffwilI request approval
from the TCC and Regional Council.
Recommended Action: Approve release
of Draft 2008 RTIP Guidelines for Public
Review.
5.2 Public Particioation Plan Amendment No.1 Justine Block, 161 5 minutes
Attachment SCAG Staff
The Public Participation Plan Amendment
No. 1 includes detailed strategies, procedures
and techniques related to public participation
on SCAG's Regional Transportation Plan,
Regional Transportation Improvement
Program, and Overall Work Program.
Recommended Action: Recommend the
TCC approve and adopt the Public
Participation Plan Amendment No.1.
6.0 AVIATION TASK FORCE REPORT
Hon. Alan Wapner,
Chair
7.0 MAGLEV TASK FORCE REPORT
Hon. Lou Bone,
Chair
~
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
ii
Doc#138692
Tee 8/3D/07
8/t6/20074:55:45 PM
TRANSPORTATION
COMMUNICATIONS
&
COMMITTEE
AGENDA
PAGE #
8.0 INFORMATION ITEMS
8.1
Reeional Comnrehensive Plan Goals and
Outcomes for Transnortation & Securitv
Emereencv Prenaredness Chanters of the
Draft Reeional Comnrehensive Plan
Attachment
205
Alan Thompson,
SCAG Staff
Staff will present. the goals and outcomes
for the Transportation and Security &
Emergency Preparedness Chapters of the
Draft Regional Comprehensive Plan.
9.0 CHAIR'S REPORT
Hon. Alan Wapner
10.0 FUTURE AGENDA ITEMS
TIME
10 minutes
Any committee member or staff desiring to place items on a future agenda may make such request.
11.0 ANNOUNCEMENTS
The next RTP Workshop will be held on August 20 in Long Beach, location yet to be determined.
12.0 RTP WORKSHOP
10:00 am to 11:30 am
Major Issues and Framework for the next RTP
1.
The region's accomplishments to date
a. Summary of major accomplishment areas
2.
The region's challenges
a. Funding - Revenues are fully committed
o Preliminary baseline revenues
o Preliminary baseline expenditures
b. New Requirement imposed by SAFETEA-LU
o More stringent ink,t-"",,,tion of Fiscal Constraint
c. Our needs exceed available funding
o list of un-funded needs
~
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
Hi
15 minutes
40 minutes
Doc#138692
TCC 8/30/07
8/t6!20074:55:45 PM
TRANSPORTATION
COMMU NICATIONS
&
COMMITTEE
AGENDA
PAGE # TIME
12.0 RTP WORKSHOP continued
d. Aging Infrastructure - Example of unmet needs
o State Highway System preservation
(possible Caltrans presentation)
e. Proposed RTP development framework
o Concept (i.e., core, committed and expanded)
o Likely investments included
o Potential revenue sources and related limitations
3.
Discussion
20 minutes
13.0 ADJOURNMENT
The next meeting of the Transportation & Communications Committee will be held on
October 4, 2007 at the SCAG office in downtown Los Angeles.
~
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
iv
Doo# 138692
Tee 8/30/07
8/16120074:55:45 PM
Ii
-
I.
ITEM NO. 19
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
/JIL
(J(.G
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Mark Harold, Director of Building and Safety
DATE:
September 25, 2007
SUBJECT:
Departmental Report - August 2007
The month of August 2007 showed a gain of construction activity as compared to previous months.
The following is an overview of permit and inspection activity for August.
SimIle Family Development - Tracts
In August, the City issued 6 new single family tract home permits. The homes are primarily in Wolf
Creek which has146 homes under construction. Harveston also has 116 homes under construction
at this time. There are a total of 428 single family homes under construction throughout the City at
the current time.
Custom Sinqle Family Homes
As of August, we have 11 custom homes under construction.
Multi-Family Development
In August there were 96 condominiums permits issued for Temecula Lane, 96 condominiums under
construction in the Harveston Savannah Development, and 180 units at Temecula Creek Village.
Commercial Development
There was 4 new commercial permit issued in August. The Plan check activity submittal for the
Redhawk Tire Store is located at 44052 Margarita Road and Temecula Community Church at 29825
Santiago Road.
Total Permit and Inspection Activity
During the month of August inspection staff performed 6,178 inspections and 193 permits were
issued representing a construction valuation of $17, 169,904.15. The total building permit and plan
check fees collected in the month of August were $150,796.82.
Ii
-
I.
ITEM NO. 20
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
1)/2
(J(0
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
September 25, 2007
SUBJECT:
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of August 2007.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 68 new applications for administrative, other minor cases, and home
occupations including 11 applications for public hearings during the month of August. The new
public hearing cases are as follows:
CONDITIONAL USE PERMIT
DEVELOPMENT PLAN
DEVELOPMENT PLAN AMENDMENT
MINOR MODIFICATION
PARCEL MERGER
TENTATIVE PARCEL MAP
3
3
1
2
1
1
Soecial Proiects & Lona Ranae Plannina Activities
The Long Range Planning Division commits work efforts toward larger scale and longer time frame
projects for both private and public purposes. These activities can range from a relatively simple
ordinance or environmental review to a new specific plan or a general plan amendment. Some of
the major special projects and long range planning activities currently in progress are described in
the paragraphs below:
. Temecula Regional Hospital - The Riverside County Superior Court overturned the City
Council's approval of the Temecula Regional Hospital project and staff is working with
applicant and the City Attorney's office to prepare a Supplemental Environmental Impact
Report to address issues related to noise, traffic mitigation and an off-site contaminated
groundwater plume. Each Planning Application that was originally approved will need to go
through the approval process again, including Planning Commission and City Council public
hearings. Staff has processed three contracts with sub-consultants to manage the special
studies required forthe Supplemental EIR. Planning Applications were submitted on July3,
2007. A Notice of Preparation of a Supplemental Environmental Impact Report was sentto
the State on July 6, 2007. The Supplemental EIR is scheduled to be released for public
review on October 1, 2007 and the project is tentatively scheduled for a Planning
Commission hearing on December 5,2007 and a City Council hearing on January 8,2008.
(PAPP)
. General Plan Land Use Map Update - Planning staff and GIS have completed revision
exhibits that explain the necessary changes to the Land Use Map caused by overlapping
data sets, differences in conceptual plans versus recorded maps, and changes in the built
environment. Some examples of changes include streets currently shown as residential will
have no land use designation, Specific Plan areas will be modified to reflect recorded maps,
and new park and school sites will be noted as Open Space and Public Institutional
Facilities. All property owners affected by the proposed map changes will be notified by mail
prior to any hearing. A Planning Commission hearing was held on August 15, 2007 with an
anticipated City Council hearing in October 2007. (PAPP)
. General Plan Housing Element Update - Staff has been attending WRCOG workshops on
the Regional Housing Needs Assessment in preparation for the update of the City's Housing
Element. SCAG released the Draft Regional Housing Needs Assessment numbers to cities
and agencies in the region in February. Staff has reviewed the Draft RHNA Allocation Plan
and supports the proposed housing distribution for Temecula. More than 40 cities
throughout SCAG's six-county region have filed appeals on their proposed housing
allocation. This could lead to an increase in the numbers allocated for Temecula. Appeals
forthe WRCOG-area jurisdictions will be heard on April 30, 2007 at SCAG's Inland office in
Riverside. It is expected that affordable housing goals and Housing Element Update must
be certified by the State Department of Housing and Urban Development by December
2008. (PAPP)
. Nicolas Valley Rural Preservation Area - Staff is undergoing an opportunities and
constraints analysis of the properties contained within the Nicolas Valley Rural Preservation
Plan area to develop strategies to assist property owners with the construction of needed
infrastructure and services. This area is lacking paved roadways, water transmission lines,
wastewater collection, cable television, etc. Because of the relatively few properties in the
area, assessment districts may be too costly for property owners. Staff needs to map the
existing flood plain and complete a slope analysis to create a comprehensive constraints
map of the area. Staff met with the Council Subcommittee in late February to brief the
Council on staff strategies for bringing much needed services into the area. It was
determined that a public workshop should be held to solicit input from area residents.
Workshops were held on March 29, 2007 and May 15, 2007, with about 60 Nicolas Valley
residents attending each workshop. Staff will continue to conduct workshops with residents
forthe nextfourto six months to develop a plan for the area. The next workshop will provide
information on infrastructure options and will be held the last week in September. (PAPP)
. Transit Center and Transit Opportunities - Staff is working with the County of Riverside
Flood Control District, Army Corp of Engineers and Riverside Transit Agency staff to locate
the proposed transit center within the recreation portion of the Murrieta Creek Flood Control,
Environmental Restoration and Recreation Project, generally located in the vicinity of
Jefferson Avenue and Cherry Street. The transit center will to act as the hub for regional
and local transit connections within the Temecula Valley. The recently formed City Council
Transit Ad Hoc Subcommittee met with representatives from San Diego Association of
Governments, Western Riverside Council of Governments, Riverside County Transportation
Commission, Riverside Transit Agency, and Caltrans on August 22, 2007 to discuss
planning efforts underway to expand local and regional transit opportunities to residents
within the Temecula valley. The Ad Hoc Subcommittee will begin to hold internal meetings
with staff to develop policies and implementation strategies to fully integrate transit planning
with the City's General Plan, and will host interregional meetings with outside agencies twice
a year to help coordinate programs between key players in the two planning regions.
(WEST)
. Noise Ordinance - Staff has researched other jurisdictions noise ordinances and is in the
process of developing a noise ordinance that incorporates the goals and objectives
contained in the General Plan. The proposed ordinance is expected to contain provisions
that would clearly define acceptable noise parameters and will permit Code Enforcement
and/or the Temecula Police Department to Issue citations for noise violations. Staff met with
representatives from Riverside County in January for a briefing on the County's newly
adopted Noise Ordinance. A draft noise ordinance has been prepared and is being
reviewed by the City Attorney. A second City Council Subcommittee meeting was held on
April 3, 2007. The draft Ordinance was presented to the Planning Commission on June 6,
2007. The Planning Commission had several concerns with the draft Ordinance and
continued the item for 60 days for staff to re-craft the Special Noise Standards section of the
Ordinance. Staff held a publicly noticed City Council Subcommittee meeting on July 24,
2007 where proposed revisions were discussed. Staff has worked with the City Attorney to
complete revisions to the proposed Noise Ordinance. This item was scheduled for Planning
Commission on September 5,2007 where the Commission recommended approval of the
draft Noise Ordinance. This item is scheduled for City Council on September 25, 2007
(PAPP)
. Water Efficient Landscaping Ordinance - The State of California recently adopted a Model
Ordinance entitled California Friendly Landscapes, which identifies requirements for design,
planting and irrigation. Riverside County recently adopted a new ordinance which includes
the California Friendly criteria and expands on the model ordinance. Staff has compared it
to the City's existing Water Efficient Landscape ordinance and determined that the City
Ordinance should be revised. Staff is working with the City's Landscape Architect to update
the Ordinance by the end of 2007. (WEST)
. Massage Ordinance - Staff is working with the Temecula Police Department to develop a
new massage ordinance that is more restrictive than the existing ordinance and will be
implemented and monitored directly by the Police Department. The proposed ordinance will
require each employee to undergo several hundred hours of training, to wear identification at
all times and includes more severe penalties for violators and business owners. Temecula
PD will be scheduling briefing meetings with member of the City Council. (PAPP)
. Hillside Development Policy - The policies are being examined for integration into the draft-
grading ordinance. Staff is working with GIS to analyze topography, soil types,
environmental (habitat), and other constraints. (PAPP)
. Heritage Tree Ordinance - The proposed Heritage Tree Ordinance has been prepared and
is being reviewed by the City Attorney's office. The ordinance will serve to protect certain
identified tree species and other large diameter trees throughout the City. A public hearing
date has not been set at this time. (PAPP)
. Procedures to Implement CEQA - Staff initiated project to develop local guidelines and
procedure manual for processing CEQA documents, including the adoption of local
exemptions. This is expected to include significance thresholds and procedures forthe City
to contract for the preparation of environmental impact reports. (PAPP)
. Development Code Update - Staff is preparing a Development Code amendment for
needed corrections or clarifications. This item is scheduled for the September 19: 2007
Planning Commission meeting and tentatively scheduled for the October 9, City Council
meeting. (WEST)
. Sustainable Development Program - Staff is attending workshops and meetings, and
developing a work program in order to create a sustainable development program within the
City. Staff is also reviewing existing City policies and programs that relate to green
development standards and preparing a matrix of mandatory and voluntary programs with
the intent to bring forward a recommendation to the City Council in the beginning of 2008
encompass the intent of a Sustainable Development Program. (WEST)
. Santa Margarita Area Annexation - The consultant is preparing the draft Environmental
Impact Report for the annexation area. The screencheck draft for staff review is expected to
be completed in September. Staff is also preparing the Plan for Municipal Services, one of
the Local Agency Formation Commission application requirements for the expansion of
Sphere of Influence and the Santa Margarita Area Annexation. (WEST)
Planning Agenda Report
08-01-2007 through 08-31-2007
. . Recently Approved
. P A07 -0208
TEMECULA ON STAGE
APN#
922036036
KNUTE NOLAND
A Major Temporary Use Permit for Temecula On Stage to be held on September 1,2007 at the Temecula Chiidren's
Museum, the Temecula Community Theatre and Main Street in Old Town Temecula from 5:00 PM to 11 :00 PM.
Submitted Date
7/16/2007
Approved Date
8/28/2007
. PA07-0120
BARONS MARKETPLACE
APN#
954030001
BETSY LOWREY
A Minor Conditional Use permit to allow for Type 42 Alcohol for the operation for wine tasting room within Baron's
Marketplace located within the Meadows Plaza (neighborhood commercial zone) at the Southeast Corner of Rancho
California Road and Meadows Parkway.
Submitted Date
4/16/2007
Approved Date
8/9/2007
APN#
. PA06-0192 Morning Ridge Condo TTM 944220003 CHERYL KITZEROW/MATT PETERS
A Tentative Tract Map (No. 34907) to create a one lot condominium at the Morning Ridge Apartment complex. PA06
-0193 - Development Plan and Conditional Use Permit to convert 200 apartment units into ownership condominiums
is associated with the project. Project site is located at the southwest corner of Rancho California Road and
Margarita Road (addressed as 30660 Milky Way Drive. (Please note this was reviewed as PR06-0003)
Submitted Date Approved Date 1
6/29/2006 8/29/2007 I
APN #
. PA06-0193 Morning Ridge Condo Conv 944220003 CHERYL KITZEROW/MATT PETERS
A Multi-Famiiy Residential Development Plan and Conditional Use Permit to convert a 200 unit apartment complex
(Morning Ridge Apartments) into ownership condominium units located at the southwest corner of Rancho California
Road and Margarita Road (addressed as 30660 Miiky Way Drive). PA06-0192 - Tentative Tract Map (No. 34907) is
associated with this request. (Please note this was reviewed as PR06-0003)
Submitted Date
6/29/2006
Approved Date
8/29/2007
. PA06-0313
Via Montezuma /ndustrial B/dg
APN #
921050004
DANA SCHUMA
A Development Plan application for the construction of a 20,820 square foot industrial building located on the south
side of Via Montezuma west of Jefferson Ave. (APN 921050004) (Related PA06-0306)
Submitted Date Approved Date
10/18/2006
8/1/2007
1016
Planning Agenda Report
08-01-2007 through 08-31-2007
P A07 -0048
PHS/Garrett
APN#
909370018
DANA SCHUMA
A General Plan Amendment application to amend the Land Use Element to add Future Specific Plan Overlay BB.
The future Specific Plan will define the permitted land uses and development standards for the 84 acre project
located at the northwest corner of Winchester Road and Dendy Parkway. (Related projects PA06-0369 and PA06-
0370)
Submitted Date
2/8/2007
DRC Meeting Date
2/14/2007
City Council
9/25/2007
APN#
. PA07-0176 Stage Stop 922023022 DANASCHUMA
A Major Modification to the existing Stage Stop Complex for the addition of a 5,246 square foot, two-story office
building on the existing bus bays, a 3,328 square foot second floor expansion over the existing Wine & Beer
Garden, and associated flat work improvements to include a new trash enclosure, fire pit, and storage room. The
project is located at 28464 Old Town Front Street. (Related Pre-Application PR06-0022).
Submitted Date DRC Meeting Date No Hearing Planned
6/11/2007
7/12/2007
. PA07-0220
PHS/Garrett
APN#
909370018
DANA SCHUMA
A Development Agreement to authorize future industrial, commercial, retail, high-density residential, and/or public
institutional facilities development on an approximate 84 acre property generally located at the northwest corner of
Dendy Parkway and Winchester Road. (Related PA07-0048; PA06-0370; PA06-0369; and PA07-0090).
Submitted Date
7/27/2007
DRC Meeting Date
City Council
9/25/2007
. PA06-0346
CHAPARRAL V/LLAGE
APN#
920100025
CHRISTINE DAMKO
A Development Plan for a proposed neighborhood commercial shopping center consisting of five single-story
buildings totaling 40,400 square feet on a 4.3 acre lot located at the corner of Nicolas Road and Winchester Road.
(APN: 920-100-025, 026, 030, 032).
Submitted Date
11/16/2006
DRC Meeting Date
1/4/2007
Planning Commision
10/3/2007
. PA06-0363
Park Place Condo Map PM 35319
APN#
909310001
CHRISTINE DAMKO
A Tentative Parcel Map (PM 35319) for condominium purposes to create six units within the Park Place Ottice
building (currently in construction) located at the south west corner of Diaz and Winchester Road. (APN: 909-310-
001)
Submitted Date
12/5/2006
DRC Meeting Date
Directors Hearing
8/23/2007
. PA06-0369
PHS/Garrett
APN#
909370018
DANA SCHUMA
2016
Planning Agenda Report
08-01-2007 through 08-31-2007
A Development Plan application to construct a three story, 615,050 square foot concrete tilt-up industrial buiiding for
office and warehouse use and a 400 square foot pump house on 30,8 acres (Parcel 4 of TTM 35181). The project
site is located on the northwest corner of Dendy Parkway and Winchester Road. APNs 909-370-018; 909-370-032
(Related to PA06-0279 and PA06-0370 - TTM 35181).
Submitted Date
12/12/2006
DRC Meeting Date
1/4/2007
City Council
9/25/2007
. PA06-0370
PHS/Garrett
APN #
909370018
DANASCHUMA
A Tentative Tract Map (TTM 35181) to subdivide 86.1 acres into five parcels, Parcels 1 is planned for future
commercial and residential uses, parcels 2 and 3 are planned for future commercial and/or industrial uses, and
parcel 4 will be developed with an industrial building to accommodate the future expansion of PHS, The project site
is located at the northwest corner of Dendy Parkway and Winchester Road. APNs 909-370-018; 909-370-032
(Related to PA06-0279 and PA06-0369)
5th submittal is being routed on 05-30-07, PA06-0370...FIRE, TCSD, BUILDING AND PUBLIC WORKS.
Submitted Date
12/12/2006
DRC Meeting Date
1/4/2007
City Council
9/25/2007
. P A07 -0084
RANCHO VIEW TPM
APN #
944290022
BETSY LOWREY
A Tentative Parcel Map (TPM 35481] to subdivide 5.26 acres into 2 parcels located at the southwest corner of
Rancho California Road and Moraga Road. This Tentative Parcel Map is related to PA07-0085 a Development Plan
for two office buildings [APN 944-290-022]
Submitted Date DRC Meeting Date Planning Commision
3/15/2007
4/26/2007
10/3/2007
APN#
. PA07-0085 Rancho View Development Plan 944290008 BETSY LOWREY
A Development Plan to construct a three-story 50,000 square foot office building and a three-story 35,000 square
foot office building on 5.3 acres located at the southwest corner of Rancho California Road and Moraga Road, This
Development Plan is related to PA07-0084 - a Tentative Parcel Map to subdivide into two parcels [APN 944-290-
022]
Submitted Date
3/15/2007
DRC Meeting Date
4/26/2007
Planning Commision
10/3/2007
30f6
Planning Agenda Report
08-01-2007 through 08-31-2007
. PA07-0241
Bostik Outdoor Container MTUP
APN#
909320042
BETSY LOWREY
A Major Temporary Use Permit Application for the placement of a temporary dry bulk storage silo container located
within the Light Industrial Zone at 27460 Bostik Court [APN909-360-038]
Submitted Date
8/21/2007
Anticipated DRC Meeting Date
9/13/2007
No Hearing Planned
P A07 -0242
2007 FALL ROD RUN
APN#
922036031
KNUTE NOLAND
A Major Temporary Use Permit for the 2007 Fall Rod Run to be held on public streets and private property in Old
Town Temecula on October 12 and 13, 2007.
Submitted Date
8/21/2007
Anticipated DRC Meeting Date
Administrators Hearing
9/30/2007
. PA07.0207
Creek MiniMart ABC 20 PCN
APN #
961010034
ERIC JONES
A Public Convenience or Necessity application. This PCN wili accompany a Minor Conditional Use Permit for an
ABC license type 20 for The Creek Minimart and Cafe. The business is located at 31285 Highway 79 South and has
a total of 706 squal'e feet.
Submitted Date
7/12/2007
Anticipated DRC Meeting Date
6/26/2007
No Hearing Planned
. PA07-0216
Ver/zon Wireless Telecomm.
APN #
959070024
ERIC JONES
A Minor Conditional Use Permit accompanied with an Antenna Facility application for a proposed 80-foot high
Verizon Wireless Telecommunications facility. The antenna will be incorporated into an existing self-storage facility
and 576 square feet of the existing structure wili need to be modified to accommodate the antenna and support
equipment, located at 31524 Rancho Pueblo Road.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
7/23/2007
9/6/2007
. PA07-0199
TEMECULA REGIONAL HOSPITAL
APN #
959080010
EMERY J. PAPP
A proposed Zone Change (Planned Development Overlay) to create a new PDO-9 and increase the maximum
allowable height to accommodate two-bed towers for the Temecula Regional Hospital Project
Submitted Date
7/3/2007
Anticipated DRC Meeting Date
7/31/2007
No Hearing Planned
. PA07-0200
TEMECULA REGIONAL HOSPITAL
APN,#
959080001
EMERY J. PAPP
A Development Plan to permit the construction of a 320-bed hospital with one six-story bed tower and one five-story
bed tower, a four-story medical office building, a three-story medical office building, a single-story cancer treatment
and research center, a single-story physical fitness and therapy center, and surface parking on a 39.5 acre site.
Total building square footage is approximately 565,300 square feet.
Submitted Date
7/3/2007
Anticipated DRC Meeting Date
7/31/2007
No Hearing Planned
40f6
. PA07-0201
TEMECULA REGIONAL HOSPITAL
Planning Agenda Report
08-01-2007 through 08-31-2007
APN #
959080001
EMERY J. PAPP
A Tentative Parcel Map to consolidate eight parcels into one parcel on 39.5 acres located between Highway 79
South to the south, DePortola Road to the north, and aproxlmately 700 feet west of Margarita Road.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
7/3/2007 7/31/2007
. P A07 -0202
TEMECULA REGIONAL HOSP/TAL
APN #
959080001
EMERY J. PAPP
A Conditional Use Permit to allow the construction and operation of a 320-bed hospital facility, including a helipad
for the proposed Temecula Regional Hospital Project.
Submitted Date
7/3/2007
Anticipated DRC Meeting Date
7/31/2007
No Hearing Planned
. PA07-0198
TEMECULA REG/ONAL HOSP/TAL
APN#
959080001
EMERY J. PAPP
A General Plan Amendment to eliminate the two-story height limitation within the existing Z-Overlay (Future Specific
Plan) designation for the Temecula Regional Hospital Project
Submitted Date
7/3/2007
Anticipated DRC Meeting Date
7/31/2007
No Hearing Planned
. PA07-0229
Temecula Villas
APN #
922260018
CHRISTINE DAMKO
A Development Plan application for the development and construction of 247 apartment units within 16 buildings
located on the southwest corner of First Street and Pujol Street (Former Pre-App PR06-0020).
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
8/9/2007 9/20/2007
. P A07 -0235
TEMECULA VALLEY F/LM
FESTIVAL
APN#
921270034
KNUTE NOLAND
A Major Temporary Use Permit for the 13th annual Temecula Valley International Film/Music Festival to be held at
Tower Plaza on September 12 thru September 16, 2007 from 9:00 a.m. to 11 :00 p.m. daily (APN: 921-270-034).
Submitted Date
8/17/2007
Anticipated DRC Meeting Date
Administrators Hearing
9/10/2007
APN #
. PA07-0239 Vail Ranch Headquarters 960010044 BETSYLOWREY
A Development Plan for the restoration of the Vail Ranch Headquarters which includes historic adaptive re-use and
new construction of a commercial shopping plaza with retail, restaurant and office tenants totalling 27,464 square
feet of existing historic structures and new additional "historically appropriate" construction on 4 acres zoned Historic
Commerical within the Vail Ranch Specific Plan located at 32115-32125 Highway 79 South, generally located at the
southeast corner of Redhawk Parkway and Highway 79 South, behind Kohls [APN 960-010-044J
Submitted Date
8/20/2007
Anticipated DRC Meeting Date
9/20/2007
No Hearing Planned
. PA07-0247
Unity Church MCUP
APN#
909281024
BETSY LOWREY
5016
Planning Agenda Report
08-01-2007 through 08-31-2007
A Minor Conditional Use Permit for the operation of Unity Church of Temecula Valley located within a 1,910 square
foot suite at 41743 Enterprise Circle North Suite 108, zoned Business Park (BP). No exterior modifications or tenant
improvements are anticipated. [APN 909-281-024J
Submitted Date
8/27/2007
Anticipated DRC Meeting Date
10/3/2007
Directors Hearing
10/25/2007
APN #
. PA07-0251 Melting Pot Minor CUP -A/cohol PM-26232-1 CHERYL KITZEROWIMATT PETERS
A Minor Conditional Use Permit to allow for the sale of alcohol at the Melting Pot Restaurant located in the Rancho
Temecula Town Center at the northeast corner of Winchester and Nicholas Roads (Note: A CUP is required per the
Conditions of Approval for the Rancho Temecula Town Center CUP - PA04-0540).
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
8/28/2007
. P A07 -0252
Winchester Hills DA Amendment
APN#
916400001
CHRISTINE DAMKO
A Development Plan amendment and EIR Addendum to amend the timing thresholds on the Winchester Hills
Development Agreement located with the Harveston Specific Plan service commercial area, west of Ynez Road,
north of Date Street.
Submitted Date
8/29/2007
Anticipated DRC Meeting Date
No Hearing Planned
. PA07-0253
Temecu/a Creek Plaza cell site
APN #
961010025
KATIE LECOMTE
A Minor Conditional Use Permit for a wireless telecommunications facility to be located at 31045 Highway 79 South
within a tower element of Building B in Temecula Creek Plaza, consisting of the rooftop installation of twelve panel
antennas, one 24" parabolic dish, and four related equipment cabinets, all to be screened by RF transparent
screening, which is proposed to be painted and textured to match the existing building material. (APN: 961-010-
031).
Submitted Date
8/30/2007
Anticipated DRC Meeting Date
9/27/2007
No Hearing Planned
6016
:;
~ ."
~<~/
",.".
VV','-
;:. '.
~
w
0-,.-
~ I
~
Legend
Planning St t
a us - August 2007
o 1. Recently Approved
o 2. Scheduled for Hea .
nng
. 3. New Submittals Pending ORe M .
eetlng
fa
Ii
-
I.
ITEM NO. 21
I
I
Approvals
City Attorney
Director of Finance
City Manager
fJPf'"
/J12.
(JU...,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
September 25, 2007
SUBJECT:
Department of Public Works Monthly Activity Report
RECOMMENDATION: Receive and file the attached Department of Public Works Monthly
Activity Reports for the month of August, 2007.
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
August I September 2007
Prepared By: Amer Attar
Submitted by: William G. Hughes
Date: September 25, 2007
PROJECTS UNDER CONSTRUCTION
1. Fire Station - Northeast Site (Roripaugh Ranch)
This project will construct a new fire station in the north part of the City. The majority of work was
completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to
the site in August 2007. Because of this there was cost to re-mobilize and complete the project
when the aforementioned items are complete, these costs are reflected in an approved change
order total, which is the responsibility of the developer. In addition, a fire engine/truck venting
system (requested/added on 2/06) will be installed when the Contractor is re-mobilized; this cost is
also included in the approved change order total.
2. Temecula Education Center- Rough Grading
This project will provide for the grading of the proposed Temecula Education Center. Project was
awarded on 4/11/06. Construction started on 5/1/06. CCO#1 to relocate/modify all impacted utilities
along Diaz Road adjacent to the project was approved by the RDA Board on 10/10/06 and Diaz
Road was brought up to grade. All work was completed on March 28, 2007. Other ongoing work
under this contract involves EMWD work outside of the project limit which was completed in late
July. Ongoing issues will be preparing the property for the rainy season and project close out with
EMWD, which will be resolved by the end of September.
3. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2
This project will construct the second phase of the City's Field Operation Center, which includes the
building and the corporate yard. The project was awarded on July 25, 2006, a preconstruction
meeting was held on 8-10-06 and the Notice to Proceed was issued effective 8-11-06. Misc. trades
are completing their work and applying the final finishes - majority of work has been completed. We
anticipate having staff in the building and operational by October 1 sl.
4. Fire Station - Wolf Creek Site
A new 3-bay, 9,062 SF, heavy urban fire station will be built at the SE corner of Wolf Valley Rd &
Wolf Creek Dr South. A $3,591,000 construction contract was awarded to RC Construction on
7/25/06. A Notice to Proceed for this 260 workday contract was issued on 8/15/06. The final walk-
through for punchlist occurred in July. Fire moved in July 30,2007. Contractor concentrated on final
punch list items. Per Planning, the perimeter wall & downspouts are to be painted. Landscape
subcontractor returned to re-sod specific areas in preparation of the grand opening, which is set for
Saturday, 9/15/2007.
5. Diaz Road Realignment to Vincent Moraga
Under this project, Diaz Road will be realigned starting just south of Rancho Way to Vincent Moraga
Road at Rancho California Road. Business Park Drive will be aT-intersection at Diaz. The traffic
signal at existing Diaz Road and Rancho California Road will be removed. The Notice to Proceed
was issued and construction began on 3/26/07. Contractor has completed Phase III of the project:
construction of the median on the new Diaz Rd alignment, and the median island on Rancho
California Road at old Diaz Rd. Work on Phase IV, which includes landscaping, median island
stamped concrete, and final paving, is currently on hoid pending securing recycled irrigation water
service from Rancho California Water District. Project completion is scheduled for October.
6. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside)
This project will construct an additional eastbound lane to provide for a right turn lane to southbound
1-15, as well as modify the existing median to accommodate dual left turn lanes from westbound
Rancho California Road to southbound Old Town Front Street. The retaining wall is complete and
landscaping of embankment is complete. Numerous issues and utility conflicts with the traffic
signals, proposed curb elevations and the proposed storm drain across Front Street have come to
light and stalled progress. The right turn lane will be paved starting September 17th and the Traffic
Signal relocated and energized the night of Sept. 20th. We anticipate completing the work at the
end of October.
7. Bridge Fencing Enhancement
This portion of the project will provide Architectural Enhancements to the recently constructed
fencing at the Overland Drive and Rancho California Road bridges over Interstate 15. Caltrans has
issued an Encroachment Permit for the construction and maintenance of the project. The project
was awarded on 05/08/07 with the pre-construction meeting held on 8/13/07. The Notice to Proceed
effective date is 8/17/07 with completion expected in mid October, 2007. Traffic Control Plan is
pending approval. A material delay issue from the Contractor is being addressed.
8. Citywide Concrete Repairs, Phase II - FY 2006-07
This project will replace old and cracked concrete throughout the City. The project was advertised
and two contractors submitted bids. Bids were opened on 05-29-07. The lowest bidder was Del Rio
Enterprise. The Council awarded the contract on June 12th. The contract was forwarded to the
contractor. Contractor submitted traffic plans to the City for review. The Traffic Division provided
comments and the PM reviewed the comments with the contractor. They will revise accordingly and
resubmit to the City. Maintenance Division has added 35 new locations to the scope. This will be
discussed with the contractor at the pre-con meeting.
9. 1-15 and 79 South Sign Replacement - Temecula Parkway Name Addition and
Replacement of 79South Signs Within City Limits
This project will add the newly adopted name of "Temecula Parkway" to the appropriate freeway
signs and change all "79 South" signs within City Limits. DBX and the City's maintenance crew are
installing the signs along 79. The City has obtained an Encroachment Permit from Caltrans to
replace the freeway signs. The contractor for the freeway signs is processing his duplicate
Encroachment Permit through Caltrans. All signs should be replaced before the effective date of the
name change, October 1 st
2
10. Murrieta Creek Multi Purpose Trail
This project will build equestrian and bike trails along Murrieta Creek between Rancho California
Road and Diaz Road. The project is funded in part by a $1,214,000 federal grant. All necessary
approvals to advertise the project have been obtained and Council has authorized the solicitation of
construction bids. The City sent the Encroachment Permit Application to the Riverside County Flood
Control District on Dec. 13, 2006. The issuance of the permit is still pending. The project was
advertised for construction bids and construction bids opening has been delayed until 08/15/07 in
order to incorporate the changes dictated by the US Army Corps of Engineers' Murrieta Creek
project. Bids were opened on 08/15/07. City Council awarded the construction contract to lAC
Engineering, Inc., at the August 28, 2007 meeting. Once the Encroachment Permit is received from
Flood Control a Pre-Construction Meeting will be held and construction will begin...
PROJECTS BEING ADVERTISED FOR BIDS
NONE
PROJECTS IN DESIGN
1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road)
This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the
Pechanga Parkway Bridge to Pechanga road. The Environmental Document (Categorical
Exclusion) was approved by FHWA on April 19, 2007. The PS&E Package & request for
authorization was submitted to Caltrans on 7/2/07. However, Caltrans will not process the
documents until a Right of Way Certification is approved. Right of Way negotiations are underway
with the property owners. The Right of Way Certification cannot be completed until negotiations are
resolved with the property owners or the City gain possession of the properties. Once the City
receives a letter of authorization for construction from Caltrans, the City can start the public bidding
process for construction.
2. Pechanga Parkway Storm Drain Improvements - Environmental Mitigation
The project includes the construction of new wetlands as part of the Wolf Valley Creek Channel -
Stage I Project. The mitigation area is located along the north bank of T emecula Creek and a new
landscaping and irrigation system will be installed. Once the mitigation area is constructed, the City
is required to complete a 5-year maintenance and monitoring plan. RCFC & WCD has requested a
copy of the proposed mitigation plans for review. Once RCFC & WCD provide their plan check
comments, the City will send final comments to the consultant.
3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road
This project includes studying alignments, design and construction of an extension of Overland
Drive, westerly to Diaz Road, including a new bridge over Murrieta Creek. The design is being
coordinated with the planned Murrieta Creek improvements overseen by Riverside County Flood
Control (RCFC) and the Army Corp of Engineers (ACOE). The design consultant's 60% plans have
been routed to the appropriate City departments, RCFC & ACOE, and the local utility agencies for
review and comment. Plan check comments were sent to the consultant during the month of
January; however, the design is currently on hold until the City and Corps can agree on a
channel cross section that will not require the City to re-design the bridge plans. The City is
3
currently reviewing the channel revisions provided by the Corps for Murrieta Creek at the future
Bridge location. The Consultant will be performing a hydraulic run for Murrieta Creek Channel based
on revisions provided by the Corps to verify that a 3' freeboard under the Murrieta Creek Bridge at
Overland Drive is provided.
4. Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant
Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting
and coordination issues associated with pursuing the bridge replacement as a project separate from
the Corps of Engineer's Murrieta Creek improvement project. SWE submitted a revised proposal to
include the expanded scope of environmental work in June. Staff has reviewed SWE's proposal,
and requested revisions have been forwarded to SWE. SWE has revised their original design
proposal for this project in light of these additional efforts required. City Council approval of a
contract amendment for SWE was secured on 9/11/07; a "re-kickoff' meeting to begin work on the
expanded environmental scope is anticipated in the coming weeks.
5. Diaz Road Extension to Cherry Street
This project was previously "On-hold'" pending data from Riverside County Flood Control. With the
construction of the proposed Education Center, this project has become developer driven. Plans
have been routed to various utilities for identification of possible conflicts and to Riverside Flood
Control and Army Corp of Engineers for verification that the proposed roadway is in conformance
with the proposed detention basin within Murrieta Creek.
6. Santa Gertrudis Bicycle/ Trail Undercrossing at Margarita Road
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under
Margarita Road. Data regarding existing utilities are being incorporated into the design. RCFC has
provided an Encroachment Permit. This project cannot be constructed until adequate funds are
identified. An application was submitted for State Bicycle Transportation Account (BT A) funds on
12/1/06. Plans & Specs will be completed by next week and the project will be shelved until funding
is identified and appropriated.
7. Western Bypass Corridor - Alignment Study
This project will complete an alignment study for the Western Bypass Corridor. The City has
completed its review of the design plans for the chosen alignment of the northern portion of the
Western Bypass (from Cherry Street to just south of Rancho California Road. URS is working on the
City's comments.
8. Western Bypass Bridge Over Murrieta Creek
This project involves the design and construction of a new bridge over Murrieta Creek at the
westerly terminus of R-79S and an extension of Pujol Street to the new structure. Once constructed,
this will serve as the southerly connection of the Western Bypass Corridor. Entry permits for
geological investigations are pending.
The developer of the Villages of Old Town may be taking over the design and construction of this
project. The City and developer are negotiating an agreement for the transfer of work. Further
development ofthe design and environmental document is on hold pending the outcome of
negotiations.
4
9. Temecula Community Center Expansion
This project will add approximately 4000 square feet of space to the existing Temecula Community
Center to accommodate more human services programs. Work has begun on construction
documents for the approved project design. The site plan will also include provisions for the
Community Pantry which will be located in the Escalier House and Barn. They will be moved to the
site after it has been graded and utilities have been stubbed out. The agreement with Meyer and
Associates was revised to reflect the changed scope of work and was approved by City Council on
July 10, 2007. The design process is continuing, including the additional scope.
10. Redhawk Park Improvements, Four Sites
This project will add amenities to four park sites in the recently annexed Redhawk area. RJM gave a
presentation to a committee with members from City Council, residents and staff. This presentation
included the information from past community work shops, which helped with conceptual design of
the parks. Due to budgetary restraints, the construction was divided into phases over a number of
years. RJM used the existing irrigation layout at the future dog park to help reduce the costs but at
the same time allowed for a very flexible design that will be able to be adjusted as the dog park
needs change in the future.
RJM submitted a proposal to design a half court basketball court, ADA accessible parking, and dog
park at Redhawk Community Park; a seatwall and shade structure at Sunset Park. The City is
currently reviewing the proposal.
11. Old Town Infrastructure Projects - Site Demolition and Site Preparation
This project involves demolishing the existing non-historic structures on the City owned parcels at
the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town
Parking Structure. The demolition of the McLaughlin Building and the community Pantry is complete.
The site has been graded and erosion control BMP's have been installed.
12. Old Town Infrastructure Projects - Underground Utility District
This project will effectively underground all overhead utility lines along Old Town Front Street,
between 2nd and 6th streets, all of Main Street east of Murrieta Creek and Mercedes Street between
2nd and 6th streets. The City Council approved the resolution forming the underground utility district
on October 10, 2006. SCE is designing their underground systems, which will be followed by design
of CATV & Telephone UG systems. 60% street improvement plans have been forwarded to the
utilities for their review in late January 2007. City met with all affected utilities in July. A second
meeting is scheduled for the end of September.
13. Old Town Infrastructure Projects - Street Improvements, Mercedes St (2nd - 6th) & the
Realignment of Main St.
This project will improve Mercedes Street and realign Main Street as part of phase 1 of the Old
Town Civic Center project. RBF submitted 95% street plans, which are under review. The plans
include street, storm drain, water/sewer, grading & signage/striping. It was decided to merge the
street phase with the Town Square phase; currently, the plan is to get 1 bid package out by the end
of the year. SWA needs to finish their design to incorporate it into the bid package. Outstanding
items include: (a) ADA path, (b) pavers design @ Mercedes, etc. Plans are expected to be
completed in Oct and out to bid in Oct/Nov. Construction is anticipated by the end of the year.
5
14. Old Town Infrastructure Projects - Parking Structure & Office/Retail frontage
This project will construct a parking structure, including office and retail frontage as part of phase 1
of Old Town Civic Center project. Design Architect, NMR submitted Design Development (DD)
drawings for the Parking Structure (Ph 1D) on 9/5/7. The WQMP exhibit was also submitted.
Northerly frontage space will house Police and Code Enforcement. Basement parking will be
secured parking for City. The secured path of travel for Council has been established.
15. Old Town Infrastructure Projects - Town Square
Under this project, the plaza area for Phase 1 of the Civic Center will be constructed. NMR and their
landscape architect, SWA, have submitted the Design Development (DD) package. SWA is working
on refining the ADA path of travel, the paver design, bollard design, etc. This phase has been
merged with the street improvement work.
16. Old Town Civic Center Phase 2
Under this project the design and construction documents for phase two of the Civic Center Project
will be developed. The City Council approved the Old Town Civic Center Master Plan and awarded a
design contract to NMR for balance of the Civic Center design on April 1 0,2007. Design consultant
NMR continues the schematic design process. NMR is finalizing the departmental space allocations
and adjacency requirements and will be forwarding results in the next few weeks. Departmental
floor plans will follow.
17.79 South Park & Ride
This project will design and construct a park and ride facility on 79 South at La Paz. The City is
coordinating with RT A to develop an MOU for the preliminary engineering phase of the work and the
implementation of the project. Based on Statements of Qualifications a consultant has been
selected. The City Council approved a design contract with ME at the 6/12/07 City Council meeting.
The design kick-off meeting was held on 6/21/07, with authorization to proceed effective 07/02/07.
The design process continues.
18. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita)
This federally funded project includes rehabilitating De Portola Road from Jedediah Smith Road to
Margarita Road. On Nov 14, 2006 City Council approved the design agreement w/GFB-Friedrich.
Consultant started the record research & survey. City forwarded utility as-builts to GFB for
coordination. 30% plans were submitted on 2/12/07; design engineer hired consultant to perform
street borings. 70% plans are expected in Aug. Discussion of the new modified roadway section is
taking place to determine if we could incorporate the new section into this rehab project. This is a
federally funded project. The PES Submittal/App was resubmitted withe NESMI Report. It is being
reviewed by Caltrans.
1 g. 79 South to Pechanga Parkway - Dual Right Turn Lanes
This project includes the design and construction of two dedicated right turn lanes on eastbound 79
South to southbound Pechanga Parkway. The design includes the widening of 79 South and
relocation of traffic signal poles/controller. Plan check comments were returned to the consultant
during the 1 st week of August. 90% design plans were delayed and will be submitted to the City by
the week of September 10.
6
20. Santiago Detention Basin
This project includes the design and construction of a desilting basin on the south side of Santiago
Road between Vallejo Avenue and John Warner Road. An agenda report for the final design of the
Santiago Detention Basin was submitted to council for approval on August 14. The consultant will
begin work on the final design plans in September. The City requested and received two proposals
from the annual agreement consultant for the geotechnical investigation of the desilting basin. Petra
will be performing the work for the project.
21. Pavement Rehabilitation - STPL Project
This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east.
Geotechnical and survey work have been completed. Consultant has submitted the 30% design
package to the City for review. Comments will be forwarded back to them shortly. City is working on
prioritizing the areas to be rehabed based on the available funds.
22. Winchester Road/79-North Corridor Beautification
This federally funded project will design and construct landscaping and irrigation enhancements to
the existing raised medians along Winchester Road between Ynez Road and the easterly City limit.
The consultant has submitted the 30% design package to the City for review. Comments will be
forwarded to the consultant shortly. Comments from Caltrans in regards to the PES, NES and ISA
forms have been addressed and are forwarded back to them.
23. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond
This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution
Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirement of
RWQCB by desilting the channel & pond located near the Sports Park. City Council authorized the
Professional Services Agreement with BonTerra Consulting on 11/14/06. BonTerra has initiated the
environmental clearance process. An amendment to the consultant agreement was approved by
City Council on 05/08/07 to provide additional studies required by the regulatory agencies. These
studies will aide in determining any impact to native habitat. An RFP for the design was requested
from the Annual Agreement consultants. Staff is currently reviewing the proposals.
24. French Valley Parkway Phase 1 - Southbound Off-Ramp to Jefferson, Auxiliary Lane, and
Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp
A southbound of-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis
Creek at the Winchester southbound off-ramp are the components of Phase 1. The City and
Caltrans have agreed that immediate action is required to relieve congestion at the Winchester
Road southbound off-ramp. Status is as follows:
~ PS&E - Consultant is preparing 95% plans (retaining walls and landscape/irrigation).
~ RIW - Establishing dedication and acquisition needs.
~ Construction Cooperative Agreement - Caltrans comments received on 2nd fact sheet
submittal; City is preparing additional information requested.
~ Maintenance Agreement - City preparing exhibit for first draft.
~ Declaration of Units - Caltrans Approved Metric Exception for this phase.
7
)> Utilities - Preparing documents to initiate potholing.
)> Conceptual Landscape/Aesthetics - Preparing concept for review.
25. Old Town Gymnasium
This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. An RFP
was issued to hire an architect to design the gymnasium. Interviews were conducted on 01/22/07.
The scope of work has been finalized by the chosen architect and it has been approved by Staff.
The agreement with the chosen architect, WLC, was approved by the City Council at the July 10,
2007 meeting. The design kickoff meeting was held on 08/16/07.
26. Re-Stripe Route 79 South to 8 lanes from 1-15 to Pechanga Parkway
This project will provide four lanes in each direction on Route 79 South from Pechanga Parkway to I-
15. The Traffic Division is in the process of hiring a consultant to prepare the re-striping plans.
Construction will be coordinated with the Pechanga Parkway Dual Right Turn Lanes (from 79 South)
project.
27. Localized Storm Drain Improvements
This project will fix the drainage problem at the south end of Front Street (at the MWD easement).
Baseline right of way, utilities, and mapping are established. This project is currently on hold.
28. Long Canyon Detention Basin - Access Road
This project will construct an access road to the Long Canyon Detention Basin. Plans and
specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited
within the basin before constructing the access road. Project is on hold until FEMA determination
is finalized.
29. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek
This federally funded project includes the design and construction of an approximately 200' pedlbike
bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will
involve a NEPA document. A field meeting was held on 4/11/07 between the City, Caltrans, Army
Corps, Regional Water Board, and Nolte to gather input in preparing the Preliminary Environmental
Study form for submittal to Caltrans, the first step in obtaining Federal environmental clearance in
the event of Federal funding. Staff review of the PES form has been completed, and the document
has been submitted to Caltrans for review. Coordination between the City and Rancho California
Water District to acquire a portion of an RCWD-owned parcel needed to construct the bridge
continues. A proposal has been received from consultant Nolte Associates for design of the bridge
and approaches, as well as for required environmental studies, and is under review by staff.
PROJECTS IN THE PLANNING STAGE
11.1-15/ SR 79 South Interchange - Project Report (PR)
This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic.
8
This is the next step of project development after the completion of the Project Study Report.
City continued development of design geometries and environmental technical studies. Status is as
follows:
~ Draft Project Report - 7th Submittal under Caltrans review.
~ Advisory Design Exceptions - Approved 10/18/06.
~ Mandatory Design Exceptions - Approved 10/20/06.
~ Stormwater Data Report - 4th submittal is to coincide with final PR Submittal.
~ Traffic Study - Approved 09/11/06.
~ Modified Access Report - FHWA Determination of Acceptability was approved in July 2007.
~ Geometric Approval Drawings - Under development.
~ Initial Study Assessment - Approved September 2005.
~ Acoustic Evaluation - Approved December 2005.
~ Air Quality Assessment - Approved PM10 Nov 2005 and PM2.5 Jul 2006.
~ Nat Environmental Study - Approved May 2006.
~ Cultural Studies - Approved November 2006.
~ Environmental Document - 4th Submittal is under Caltrans review.
12. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans
Specifications, and Estimate (PS&E) Preparation
This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215
split. The project is moving through the Caltrans process. Current status is as follows:
~ Draft Project Report - Approved June 2006.
~ Project Report - Final preparation pending approval of Environmental Document.
~ Draft Environmental Document - Approved December 2006.
~ Environmental Document - Preparing revisions per Caltrans HQ cursory review.
~ New Connection Report - Preparing revisions per FHWA
~ Traffic Operations Analysis - Preparing revisions per FHWA.
~ Stormwater Data Report - Preparing final report.
~ Mandatory Design Exceptions - Approved 07/18/06.
~ Advisory Design Exceptions - Approved 07/18/06.
~ Exception to Ramp Metering Policy - Approved 07/05/06.
~ Geometric Approval Drawings - Approved 07/18/06.
~ Freeway Agreements - In Caltrans District 8 Circulation.
~ Risk Management Plan - Updating as necessary.
~ Project Charter - 1 st draft is under Caltrans review.
~ Declaration of Units - Request for Metric Exception denied by Caltrans.
~ Freeway Agmts - Under Caltrans-HQ review.
9
)> Risk Mgmt Plan - Updating as necessary.
)> Project Charter - 1 st draft is under Caltrans review.
)> Maintenance Agmt - Preparing 1st submittal for Caltrans review.
)> Financial Plan - Preparing 2nd submittal for Caltrans review.
10
..
.~
..--Gle
~a;~Q)
,C,Cu'l-:S
:fl.; E.!1! -0
--::.S~-6EJ3
()}_'O,_.s~
O-O(\)%~.g
9 Q) g::> to e.
~ ~\'l~ ~ ~ e
o ", .---+-'~ Ul
c i!l t:..... Q)'-
~ ,~.g>o
~b(;O~~
.g-~ Q) ~~~
~"'iO~~(l)O<5
~Cs:,'S{)~
'O'ltJlOO)Q)-O
~a~-g~-S~
N.s1):>~~-e
..... Q]O';..c:.~
~~'eO-~~()}
''6,.~o-g-c'Cl~
4.~~cg,$~
1is-6"6~-O
-o.s._"Oc'O
I.1l ,&.9l~ ~.- ~
]l@E"t5s~g
O-~ (l) _~o.
E :3 8.:0= 'Q) '.:: 0-
0" lllo.:=-tll
o~-g~%~~
~tI):~:>c.:1~
3~N""~C'-
~o~i$!1)o"Cli
og.g8-s-o!g
:;<JJ~~o~-%
oS~O)~~.~
~~ $l.~A~:a 'iA
9..~~~~~16
<e?O~c'&u'l
E-o 0 0..0::3'-
1llQ)t/lEp--a-"'$
..c:.{3tlloWeo
r-<Il30.....'-'o
'a1g!~ uW;!
"C .9: tll . (\) p....
Q)~'8b.Oe~
o~_~'aO'-o
~~.~O'i g~ ~
_-SON":? -
\'l ~,,'Og>8
.gige()}.~e
W~"2~:9o.Q)
,2;!.o.l\1 ~e::
::3 E o a: '5 0.:0:.
,,_<ll ","
~~d:.-m~.o.c
a; ~D]! ~ ~'~
1-"'00:.0-0 ~
-go '"e$.\RO
~E~8~~S
O-~Q)\'l.a ~ u.I.!!a-:i
8. -0 ~ u'l ~u.l
0.,9: ~~ ~'-" ~
(l) (1) 0.... - 0,
~"'o.O~~
_.9O-3-CO~
0...- ~?;:., 0
""'"'- (I).... U . Q)-
.So ~ . e~(Il
-o()311)'E~~
~O~"%g~~
Q)<D._CJtJl$ Q)
.s~~S'~,G'O
~Cll)g-~"9.o.
.....U?..c -o~'O
Q)C_~CQ)c.
:gogcn:;)o.(Q
5-o""C.S~Ea....:
o.:~.8D08<&8
===.59(GII)';.IFJ(lJr-'.
.3 tI) ".-. ('\S Ol t\1 f1j C
~ a ~ 3 ,% 3 ~%.
~:g-g-gg'~'e~
e.:;)g.9 Os 11>-
0-~U-u..""7s:.0
1h~~~2~"""-O
,eo._.-o......Eoc
\-000 :::_(1)
~
,,-
~~l1)
0>1l%~
~<l>c
"," .-
u-'"
g'.e
5,S:-1Il
,z:;;'P.0l
~ o...~
~ ~ ~
o~~
"OtQ~
~,::t-o ~
u. .-
~1h ~g
~'m ~
ulO'"
~ E$..
og~
(I)~$
lig%,..-
~eg~
c~c.'a>
g~~.P
$~.o%
(l).t:>rAO
:S o.s:: ?-
~1h;:s:.J:J-
v~o(6
S . '" \S
~ g'o.~
8:g ~'a>
_'::)'" 0.-
'j .P ,2. 0
~~~-g
ll)....G1
o,&1hOl
o..-g2%
~-g.~]
\- ,_ II=-
. . . . .
.:::...:....
. .::
"
I.::.:...;j]....
. ..~::.:
'13.:'
. ..t..,
,~...::
':~:::'"
tri}
~,
.;'\,;i.....:
.......:.....,
w
~
~
'ti
C)
~
0.
~
o
~
~
~:r.
?'i
\~
l-u,
'6'0
')-111
..,
E~
0.
tf)
'i
111
~
~
tt
~
;t
\::
ca
o
..:'"
.:....
:'.:'.::
':: .
"
.:..::.....i
'" ..1
':'..:.,
......~.....
<:.:.::.~.'.~:.
: ."..-<e..A.
~:~~.
.,,'.o.~",
. :9....
\-
\il\:
:1
.........
'.:::".":: :-' (,:,
::.' .':', ..,
" ..........
\~~\
........:.~y~......:..
:... ......'.....
. " : ....
:'.:.:",;.' .....:
~%
.""..\J" .
I~>
y.
ll\
.:..\i>:.....
<\\\\ .
..,.,.
,..:~..
>~~
.,.
!.
'"
-
#-r-
r-!i!
",eo
.,,-ll
.~ 'i
o~
L
o
g
cO~
~~a.i
<oW
",r-
c.g~
0-'"
~ .Ift
~~t!
~~ 13 ~
,';;: ~o
u...",
-'6'60l
~0 ~
a::~5
~l-o
,,(j) '"
~ ?;e
.c ::>- %.
&~<
z
o
"..:i=
(,)
':)
. IX.
.}O-
'l,(/)
"-
'0
:0
IX.
w
o
z
':)
(/)
}o-
(,)
'ii~
....""')
~'!iO
:. i"IX.
:1'.0..
~~
.- ~
,'2 (J
o~
~~
1.\'"
" . '"
.s ~ '0
J1l0 ~
'0 ~ ;,
~~o
'bOO
~~O
"
."."
.~\
:E
o
"'~
c:. <:O~.....
._ 10 0
'glOe
-~ '"
(!)c0"O
,,"'-
g'Qo
0"'"
0: -. g>
....~(I;l
~~6
8~~
" ~
,g'a> (l)
eg'o-
-a~:g~
Ul..:>oN
~'6e~
is ~ ~ci
0);='-'"
E "~"'-
~8(Q~
~
~
l
Cieng!.-o
15~~~l %
"'" '" - .
t5~.SO-o~
~~52~"'2
?>OZl-(l)~
-;:::> (,) ro d> E. tu
ao'!l OUS.~:aU1
:sa::.s~~:g
Iolo-tOC~""-
t'~ :; 5>% ~
~~~~e.~
>l])oo.~.G
""" E,,; g:Q
o~IJ)EJ:J-.c
>,-.~m?~
o~l1-::::~ril
L- ~ ~.~ 0...%
~o.. ro- al l])
L- \-' -0 -'6 (.) 0..
gz ~c~ 0
tl.)ll) ~ 6. ~--g
!i~oro-'al
@)ui~~~'&
~~~a~~
.P~ -g~'O
1j)tI)~-(!)-;:
.o::~ro.ao
~Oo~o'fA
:; 0 (1).... L-
C c:n0 0 l]) al
o.,=,:"": 0::. ~ ~
'-aE$~8j!lo.
t1~~05,6
IE. (\) .... 'is Q. tf:l
,.;;,;~j1~~ .
U-._.n;:::3....r--
(1),....... 0 0 ~ 0
"".ctj.O'O 00
(0 ~ iI) . <<s 'F- N
q:;:r;:"b~~115
O)ciCOil)o.~
4.(j)SN~IIl($)
9 \ ~ !.2!-g'O.s
1-7_E(o;S~c
~Q1~o,g~()g
~~Nc:15a~-%.
o:s.~g():a""E.
{3~OUO(l)t310
CQ:l'SS,-nE'€'o
.e::-OdlC ~~'U
loO- 'c. "0 c: Q1 0'10 tl.'l
'00 c gct.G 'M'o
~~ co.. ....
%~-o~05~o..
o(l.~~.:g~:a-ri
C/l en al 0 G1 C. C. .e
11. ~0 o.'^~ '&.~
::1 co'.... tI) .-
.-.-.c. /l'l C 1j)"SO
C1~-O-S al'O 0....
.~p)c,-,=:a::1..c:.~
t:: (tloOl])1)c(o;S
~-cia:.se.Go>
C/l al~ 0) Q.r::.?-(1)
~&(ii~;$,~~.~
c:.toc.c.'03~o
g.'C.WQ. ~ ~::;~
co '6 III -0 _:;:r 0 al
~~~!SC:~.~O
~B ~%.E ~~-6
_ E c:: s:;..- ~
~ 0 en 0 ,"QlCL- ~ 01
7-aE ow, c a.<<-
~~,~~"O016E
oa::~.c.ct.~co
a::....(1)...NO~..t::
~01..c:.%.~~~~..:
iS1ar alD.o al'-~
"o~~3O:a.l~%
-oa::._O~NWl/)O
",,,,Ou .<<S........
ofSl-" Q)'- (.) (l)""
....al<<S ';$Oc1Uo
a.oc~c:.-g83';;
e~:fl~o~'OcS!
~'"C(1)Ei <g.g-a
<l.l$ee:.o~Ero(1)
"dc:~ (l)oal''.2l~
e.- .... tl.'l ~..J -.. to ..
?:;:r.~.o~~ .-
.. '"
~;t=.....(!)g o.s
~~aQi~ ';t:~
E(G--o.::-~e~
~:J.u..E.(1):::.\-,Q)
"OcoQi.$:(l)'P.
1:~%~-een~E
,~~r-'':: ~~"O 8
(130-00::..,,""'<="''''
E-m ~ -
~ EO E. ~~:P ~
(\)O~~o::=r---o
-o(.)::;alooo....,z:;;
._0 o.co.......... c
~al.aE.a.Q)~G1
o..s%II.)th"E~l])
oc:oo--aS~$
...... ,~en C. Q) Po .
~"O o~."Ql>(j)"'lO
__ II.) ......- tI) l:l:l (:)
.$: €. '00- \'l " .s::. 0')('01
~CI~IIl\~'~~
:3$a::'Op~~Q)
g,.~.~ ~ ql(1)1,i)U1
1i)\1)E:O:Pc~o
~~~~;E2~~
_ "'" t'3 3 u.. CI
~~Q~ U) en o...c
0'- (l)...-:.' III (I) 0)
.,2 ~ g c..'~ 0 :: oS
"O~oE~\:3;-:::
"oc-c:.o,....~~'O
t'\1(1)roo8C(l)~
0::. al~ Ul z;o.ca ~'- '
d\~-g';;":::.a~ ~'W
-g~a~'-SEt:~~
~Ul.o -oq.i3 (.)
(t) t'\1~"iii ~C1i)~-gO
C If) CU'.- ro ;C to-
g,,-,,"".l;;lf)-oSl1_0
,:;0-$(1)<1).......-0
~:g%~~&.~~\'lg
1):)~1j).-2\-'OQ)
l2..8 1h(:. ~ o.<h-a;~
%.~~~%~~i~
~~E~~"og~o
F=- .s .2 US -Z ~ aW 3
.,.
b
'"
.,.
!o
'"
.,.
b
..
- -
- .,as ~S
.,.r- b-
'lo2 $! "'~
",,,, -
- -
5 i
'" .!, e
:q:q
~(Q e'6
0" f" 3
:E ...,
"';5
$.
'0
:;:-
'" \l;'8
g 50-
u..r-g
'" ~ '"
OOu:)
~~~
" " ~
~ 5 %~
<<i0<(w
'bc-l1jtj;.
~ ~~'f6
-c!8~
SQ. iri
~,s. ~
.g (ij c: 0
to"" 0 11)
... (l)~01
~-c C
O",_l!
-~o
"08.0 -0
-a> 00 11)
l:Co~~
z;-"O"5 a.
6~m~
~
'"
E
g
uJ
({) Q
~ ;:
,ll(j)_'O %g
en ~ o~
~5 gO;
~~O~~
o~E51ft
'j;;;.... ~0.'
.goeo~
:::-'=5%,,0
~?.!l" 5
oC:::..c;: 5-
~-ootS~
iSo;.4.ee
(j)32~c-C
(l)~ 00
if:;:r~OO
...
<'1
Ii;
'"
\ll
'" '"
11 .'
m.-lO~
~c:tj)'
.Gl3)I.O"!:-
Q.enmd)
~13~~~
Q)J:J-C"l-....
EOIhO
c.t:O:.. Q)
.91 CU' -c. Ol
lt1ga
o:..e5
",_4-
~%-o~
ct~~R
Nc:.CO-
588~
.,.
g
-
~S
~o
>::-
'"
."."
.~ .;::
af6
:i
'C E
o tsOl
u:. :;JC
c ~~
~ oS
.... u I!!
"5 1l6.!g
~ g'o
~ '~~
.e .S ~
~ ~-6
$...,~-g
-gg~~
~~~o.
co?c:.g-
's @.,~-g
glf)<f) {lS .
~~~~~.
o 'is .~d:J
%~~~~~
~g5')t:
a:.(j)Otftlft
~
,... ~
~ ~ l'i
q '1 J;
~ ~ '"
~ ~
~ I" ...
0- ...
~
..
Q
l
'"
~
'"
i
o g ~ :il c:
~E Q) (/) t'%
&.~~ %~g 'Q) ~
0- \- ,_0.. <.f)
~9..0 %."00- c
(\)~3-oo.~~W8
i~~~g%.e%~
"'E,:J{/)-- -Q~
~..,IfA;;!g.:tat;Oo'"
G> "".-.D-.... Q) (.) -
ec;:.~c~oc~~
oi>r-.~Ofl)gUlQ)
<<i ~ .::l C Qi. U Q).P
w~~;:;'-'c '2~~
._-ood!I-'5- '?
~~c-15~:2~8'l
~ -Uc<5 Q ..,...-Qj o5--m
'gl&..,....:e%'a)~ .Il)
o 0 -0 ~ .... Cl~
~~~ ~~.~"%~ ca
~'C.~-t:: uJ....(j)15
~1l;:;~~O~E'2.
Q):i!J,;::~~I/I~'O~
~._t) Ill(\) e-~o (::.
.D-05<<i"OogN8
~2!o~'fuoa<<ith
tOl-.l;;.;:;G):;:':'~ON'"
c..-o t;. .~.Q Z-V;o-
,t;llro 80 (tl ,_::l to
~o 'a.~(J)()~O
Q)ct"'6 G> ::H";4:.Z:;
g-Hfh~2!8
o dJ~:o-'-r"-
~-g~%ob'~~rg
D fI) '6 c:. 1/1"0 c:. 0-
~-go ~~~ o~E
~oll)=== ;:;-oa:,o
~<<'~'~E~~.a~ c
o~ 'ii5.1t! g ~ o.~~.tn ~<
o.o~t~~~.s'~~ \\:
~~t!H ~~!!~
"7
-' "
t) .- (l)
rJl Q) -o::l
~1!1"oc:<I:!.lfh
c J:- '5. 0 "5.-
8~G>:g'g.~
Q}1:O.c:<2.~Q)
.......__""-0
2~'O ~5ro
- 08'" ",.",
S Iri ~ t.1! ~
(/)~ (l) ~ ~Oj,
"C c.c;;~E
ll)~%ag<f.
E. "in."@"-5.c. -'
8-';~""'''
c~t:.~::;:;'
mS-gtflt-e
-<;; ~ .." '" 0-
__ Q) 0- 0-
Ul~Cot;.~
<609.~co~
'S~1So..rJJ:a
"tl:2S~'Q)c
~J5~::~'&.
~ o~-o(tl
"C) ~ 0 ,;,;;, Q).- .
4'CQ)~,~~-o
GlCl:Sb'tl-~
;2-g'5a;~~~
~ro""''2.ll)o:a
....-c~\.O-o~-o
o..(I)E.oQ)o<<i
~o'i>>~~ocn
7' 0- Q()'~
tJ~~"O--~11>
11>~ m.!gO- j:tl..o
8~E.~S;:.:.
o.cn133~r-:o
(1),~j:tl(Q.~gt}
e~%'lA%t't~
0-"" "'.; ~
c-ou.l"'6.c~8
9-~C(\;)l-o
~o<<t"6"t$(\)
&.s-o o..'2o~
tAi1)~Q)C"')-oE.
'.Eo C rIJ s:;:. ~.- 0
1-8.lE.1-Q()'C.,';;:.
'"
~
II!
-15'"
"e
",0
~~
,,0
~"
0'"
,,"
...."
,i-.3
ob:
H
;>'"
0"
-€,"
5~
- "
"ti
~~
~ ~ '
8~~
-o-ci5.
11>'~ E
'&" S
~-rl,~
'" .~ "
",00>
~ o.'e
,,"'0-
%'~ ~
_0....
~~ ~
_(\)%
ethro
~8~
~ %. 8
"
" .
to~~ t1)
~.;:~ ~
o~~~-5
i08aQ)
~'E \% t1)~~
0'.:1 s:;.c: c
~ ~I-. ~ 11>
~~o~.....s
~Ot1)cnll)-
~ c S:;.usO-- 0
la.~l-' ~~.$
0-'- ,~G> ttl
ro3~3E-o
"3'2.~~.lG~
~,~aJ::: ~~
E~rolDt>~
1l):S II) -s. C \1)
r ~ c ~u.1 Q)
_o,QJrocu~
o(jJi,/l_~;o..o
~~~'€~~
~ . 0-
~~~S-6'\\)
,_ dI .c
-g11>"ac,I/J'C
'"O.~t1JeS:;8
.g2'~~~~
co 0 Q)o'til- ~
~-o "" " \\\ ~
C 00(1)
\1)O)'tJ::o.P
c~'i:):,%o.-g
Q)n'I E{I)::l
S;;.~' m .....- 0
,"",l/l 0 (1)<f1s::.
-oiO~a..crJ:I
-g~c"C.~~ '
:=::; ~~ ~ 7'.Q:l~
=::. .... ,_ ~ <<t II)
~ _ (I;) s::. 3;:::;.....
"d.sE~i1)<<:l.~
~.~~e~'A%
o..%.6g~cao
(I).... w;o..o~"'"
.c%,G>c....m.O"
)-ca~ca-$O
I
..
.....,....
........
~ ' , . ',t:ii ~ ': ',:.
Ii.....
....'..~....,....
.' ......0&.
~...........~...
,.......~,.....:
I".......;;;,.,...
1
..5'"
lii
~
rh
'&
Cl
~
0-
~ .'
0............
~
)-: it1
4. ~,~~J!);
..J ... '. ~'i;;~
Th % if,
~~
l-
'5
~
",,','. "
,.....:.
.............
"""
'b
......<~f
~~*
..~...~~.
~f$\
"""
~
I/)
~
~
~
0-
I/)
'i
U1
~
'6
ex:.
~
-
a
~
ca
o
.".t....~...
.' .
1\\
~.."
: :'..:,'"
," "..:::
\t~
....'fJ,f;....
/%t\ ~
l% \
.......~...~ ~
IE \
(vt
.~<
l..i*....
ti
....~~..
.,.
b
i'
'"
'"
~
.,.
.
'"
i'
g
~
.,.
'in
'"
..
--;.€
",'"
'"
-
g,~
wi
III _
e"
;a
€~
!Cl)
~~
c .~ c:~l
0'- 0_
~-a, ~.c ....
"! ~wt
~...
"
,,=-
q ~~ '"
...
jg ".... 0;
l? >1>'15 ...
...." ~
:t I", 0;
'"
. "" "'.
'" t8 ~
'" 821 'e g
\\\ ..0-
'" -It. ....-
"- h ~~
, e.'"
II! " " ,,~
'0; ~5~
~ "- .-
,,"'€ ',e.~
"'.:J =-If,
" 5'2.~ "
.,; (.I) d).- ",S1,
'6 '" ,,0 "'-
" t-m.-S '"
0 -gz~ 13"
0 ..%
-15 t')~~ .,;'"
.~ ~~~ 'slg
- ~.QJ ~8
0 r;<)o..OO
-
'& '"
~
J>
\; '"
~ ~
-
~
'"
'"
~
. "'....
'C I'-.~ ~ '&
Gl1) ~~ :s:a
'tl E:. _,- ~'S;: It) I,)
'~G r-,%I-~o,:=:
6)ouJa~ .Ql€.g
~C;~ ~.i ~%~~
s~O-toOCr/lOC
~t;;Ql" ~Q)Ql-:?
:::l(\).c~~b""E--t::
;Q t.....o~t~ 8\1
sgbSo'&.~8c
::oeo~-eo .5
ro u.I ('.I.-Zl ~c.-":: <Il
&. ~~.Ett ~,~~S
~1-:c.g~.cQ)'&.\1)
~-ciO-rJ:I'.;;;1~g,o-S
o..(Q4.o)~~;':;o.~
~~a~~~~~~
E.~<C.r/lc'!"O j:::l
:g,H~\H1~
,,",(.)u..Eo~O-'-E.
~&.E3-oe~~g
~o oQ)ttlo\1)
o::_~-o~lJ)(\)*a
<0 Il> ';::0 C C J:J 0'-
O-o>og1{b.g()o.1:S '
~:go..~8,~c,;:~5
c:.jjl~,_o"'Oc~I/l.'"8
tl) '7>tJl" o.o>ca cn~ ~
f5~co,%"'O~c~o~
if.jJ:.~(Qc:.::>"o.go'O~
c'Fa'Co~~5!c8
t1)O--g__37~""O""
:9. ro ~ U} <IJ '0 '.:e '0 ,,;;:q:~:
3~~~~~Q)<Il~r/l
=<<-)<;t:Y~~o,&""'<Il
~t>w ID(G$'i;'%28
~<1lro""'()U- -:;'0
~O-.goZS .;--03 ro 0-
€ ~ g, ~ ~ ~ '0 ~o g'
O-~Q)ltiQlo""''&.''''.-
~'C1;;.:t~o.~o~~
F g Q- ~'J: g-ct o.!!!:O
'" ~
\\) :S ~'ii5
! Q) -o-r/l
o 0 c:::::'
?,"O c 0 '3-
~-"'o-c)--s ..,..,
(0 c -ci C O)~
~~~~,-:aO
-a,C$oE:g
:::>,~<e~'O"""'
'7 g._ C (l) <Ii
Q) (\)(l)l,I)~
~\1).c"C'5-a>
~:S=.-oE.
~~.~E'aE
togE'ia~8
o.to~(j)"'1
~-o ~:ro
(I) .s ~ ltl ?-
~~c(OO-o
roo.'2€,8c
~'i~ot'3-%.
"..'€m ill.'"
~'R'-O-~tl>
&>ro"O-'t6~
c c ~~ -;1 Q)
"'" 0 c:r-o
o~ ~:?i'e"S
a 91'0.0 '" e
:u~~~~a.~
"2 E. (/)4-'00 ~
~~~1~~~
o"ci3:j~d65
(1)Q)~;:oOo
;:;:,._ ill u.. (1)
....e~c.u..().c
~o...<o8g,~~
"g-;;''''''Il . 8~
-ocn(\)ca-~C~
,,~!! ",,0 Iii
;;w 0 (& , E
1!.~~ s~~ E
ot1)3:;:::;~'_o
'ae(1)w:,=~~
l.G~cnc.""l.G
~5~~%~~
I
~
~
\
.,.
~
~
~
,,""
"oJ::
". .~ 4:
l"'~
a'> a
" .
g"'g
o
=,t<:
","
l/l~~
~(Oo
"-,,,u.
,~~
~O-- en
(\)@~
" '" 0
(l) ~ .~
~ E. .~
o.'.:j (0
E:;:;-:I:
-(J+
iQg~
~,,"
~'SD
en 0..
C;(j)~
0)0} :
".... =-
~$tJ)
o=-"
'" 0 0
,,-t<:O
-
'.: (/)
I-
"Z.
;
::l
(/)
"Z.
o
(.)
'>-
en
',';>
F'",Q'
, IU
"Z.
. (!)
iii
IU
Q
(!)
"Z.
"w
I: (Q
'. (/)
,l-
ii (.)
\',W
....
o
0:.
Q.
Ii
;;
~
-
-'"'
-~
. .
~2
..e:.
.,.
b
'"
"""
1i\
,,'"
~g~
,,~-
ti) l>> Cl)
ilia
\"'0
~o
~ ~~
_ O'
c II)~
.-e .:;!$
o 0'
" ~ l\
e: c:: ~u.
m~'3l
fu"~ E '0
~"'%~
~-o8
~~(h
to;SQ)'C
O)E.S
~ '€. '?
r,.- ~
u ~ 0
&,wo
-
'tl
-
~
'"
'"
~
~~ to S
<l>~ -g ~e-
.'2. ro Q) 0 .:::: 0
5. s.c"O~()
....l.?.S~oe,ge>.!!l
(I)...... _.c: Q)
~~~!,~~.......'2.
~~$e!.Q)lio
(po~e~~-o'O
QU-(1)~~~~~
~~3I,)g~.?~
.c.~IJJ~~g:::o
E:t:: a;"c 0 ~ 0.0
83'E~~?~~
'is '5 E. ~ It) ~,g Q)
o~8",8<.)-~.g>
... i;11 G)'" ~'C
";U:%~~u~....Q)
?....(l)....&t-c~
'5g~~a0~'a\
'OO_~~<e~~O
~;;.'.._3';:'-~CO
_(\)Q..o"" 0.,0-
li)~-6.c.tO~(ii.~
':>'O<l)i-C'OC....
S.S.5roO.;:~~
oQ}O"~~,g~"
.- " " .. '" ()
5~""~cnJ:, :;;
,~~.'!). _ <G'" ~.....
c::....eo~eG).g
~~d)G~.~b3
t1)O~cin-l>>m
t1) Q)'61~ o."q il)"E
s::. ~c ~... (!J'e ro
~:guJ~8""'5g
<l>'pO--o$~Q)
-g(\1a..~c~'5~
o.c..~"CtO...._-
c~;;':J-l>'oc.if)
_3'-''O_CD':)ro
~~Et:(,J~ota-6
e&.1.~~~~~~
~N(I)~~a.:a~~
~'B::)g'%e~~o.
(\).:0:: ,=:' '6
5~{)
g ~O.W> ~
cn.S.e a. 3-
.E; e.'B. o:n .~
~ a"5'515 ~
~-:S:zo~ .
0'- 1/)- C.9 (,/l
o 3 ~.... Q;) 0 Ol~
~~t~<;'$%
",~cQ."'Q;l3
:;:7.",'&0'0(1)0)
<3gmc..(5E.~
(/l C::"-- E.
~ ~"6 O')o!t: 0
? '-" dl'$ 'a.~ 0
-g 'g e-'O g-.~ 02
ro <Il 0- _ I ~
W.t.a 0 ~.'O e.s:
~ % ~ .~ S ~tQ ~
~;~ 'E ':.8t-:"la
O'l.~ e.1ii Z'e-%
.C~_.c...-..~~
co,$,"""''-'~C
~Oi:O-g,-ci-~ro
CO....':1)Q)Cl>>
.t>>'"" (\1 's;..';::. 0'-
c.cara>?"O<l>
Wro"'....OOQ)%
Ol~",o\%e~~
c: 'e .'E-.s::. ~ Q)-
g~e.u.lOll)%
7>....o.?'q:::l/)(l)
C(!)ro~!<<>~
oo-(/) ~~'€:
~1S~""'!aLl1O
(j) C "C ~';;;!2:..~
..... <1> d) ".-.<6 ID :::>
~EE%.'O""fu
~58.....~$~
\\\\1\1
B,~Q)~o-g~
(/)rn.go.~Q)
(l) '5"C ~ Cl E,2;
o o...o"~~ (13.....
6 a
:;::;o~
"Cl ~ ~~ ~
g.t:~'i;j(!)
u:"OC(l)"O
~Q)~"~-O
;::"0'.- ~'M
a '5.S Ll1 g.
() .'I! 'll"'5 e
~~_:$ e-~
"ej1"S8~
Q) C (/) Z'c.
is " " ,,'"
......oo-.~
E' "ia'" 8
o.g?-gc
.t:: ~~ tG ~
~-:::l"Cl-~
s"Cl ~g 0
.... uJ :l C """
~~ B 8 8
-g g,~"'6G
rg.o :os',!!
~o.~~~
oi!~~~
~:a<e~e
QCl'l"''I'.
"'7>.00...1-'- 'th:i.
(j)~cso$
~2(1)'O%-
.g(j).~ l;i....0
~ C -0 '" 0..;2.
c.8 ~%~,~
d) 0..'-,.... ~
~.sg~(G~
3~?J.O~C
"0'- i1) a) C.-
~'$'O:og~
e..-: 03).(j)~ 3
O-oEl/loC
(Il~8'a~'(j)
F8~o~~
~ d)'O
1Il~"'" .a ~
l~g$~~
,,~~]'I\%
00"'6;0;;:(1;103)
~"~ "~B ars
~ ~e :loO!S.~
(j)'Q) ~:~ ~
aJD.- co (G:a
a€~3-O:c:.
ea{l3~a<ri~
rn'S€.~e.~
~~ Q) 5..- 3,
,_~ o..~N
~:1~%."-~
a) 0>0) co C ~
l~%~~~
-g~tg-03,~
co en w ~;:,.=='"
Ul C u';E 4..-'
Q)-O Cc 3
13....uJl1>~"'"""
()~cs;;;'-&
._ Q) ttI (1)"C.o
~~~'a:Jo.
$~:9.t/)8(1,)
"(&D. ~~2.:S
;< -c 'a..ia c -g
""0 en Q).g (0
"G ro"ta"C6.:.e.
:J ct c -:1 ~ (1)
",~()O'o"
w";::u- (\) o.~
c:. cG ,.. '0 Ul
OCl~coc:~
0....1.<-_(01\)
:=:; co ."'"6~ c
.3.':2- c:::\ ~"
"'""" 'a}.~~%D~
'i~"Oi:)~~S
e"" 2'" l'l 'Ci-
0-1,~-t) (1;1 0-8-
~(1)oct;iEO-
~o~8(]}8~
" 0
~,,{i
j:;c
...:_ro
ooa:
:'g-r:o
- "
8E',s
mC6
"'~'"
~~(i)
~~ ,a.
c'SS
S13"$.
~ !~(flJ<i
'7~ "
?..... c:-(\)
I\)S_E
:SI/l!t:
'0 ~o S
"?;O- E' '"
:;)co~
iil.~.o6
_Q)~\1)
~-o m-S
%~~5
~o S~
si~~
...... .$ dl 3
~ ~~.~
o.~(l){j)
'C"-S"
glo=',
::::!l'5"O
'~E~ ~
,!\ooa:
(1)O~co
e~ S'S
o.~ (3) 0
Ul ~'€';S
~6gts
c 7dJ.
~ ~ ().~(1)
c~t~b'~-SZ'
~'% 4)"'C-g g>S'C
~ IU 52 ~ ~ & ~n.. t.
-:p~"'O~co..2':bG
_cc oo.~u-tl1
o COO m.-=: t'O"S c.-
o:~~.s~~~~~
':2-" c::. (j).". ...............
CO:eti)\I,)Q)7l3)~tfJ
~"t6 ~(j)-S"C~~ i.h
!!!.~m(ij-o(j);o.om-c
'tSv~CG)eb'.t:.(o;S
",p..... I,) o1ti (1) (i) ~
".$ a)"C;; ,- ll)"g z. :;)
e~-sUl:oeO.';::~~
o...5:cn.2!";..tt1:)cg
~G~~~~~~-C
E _'(/) 11) ~ '5 1ft <J dl
4)(i:'~-S';::d'l~~~
0) .... Q) c '-' (\)
~%: ~W~ g~g ~
(0 ~ co.c 0 (\) -< ~!l
~~0 ,gtO.-S ~ t1l~
~cd'SgS.~g':1
CD~~~~C%",~~
Q)o..U-"6~<1>coc4..
-S~oc..-e.Q)';::Q)
~~"'C.6~-g~~;t;
.t:(j)Q.)ooQ)~-oE
sa;'CZi'aJE.o.CO"
Ul....eOctll "-~.!&.
~o..."5 "'Ec:;2~~~
tl1 c rJ::J, ~ 4. ~ '(liS ~ 0
~"g~~g~~~~%
.?.~~m0~O~6-a
....o......-t: ......-(1)0)
~O;.-g 8.~ %.~% ~~
~~O:Hj)l- 8g.a~Cl
o-t1)'O:.:g, a c.~ tn ,t;
c.~~~d)eg~~~
Es~.m€i52~'~
l-<f)&C::;'I,)O\-"O
..
:,i~\
t<%..'
>.;i...........
':' ":)i/: ,":.:
.........~...i
,......"'...
i... .(ft....
l......k.....
.....:.....7';....::
.i
I g'..
i........:.:...
t......:....
t. ......
.:......:...::........
~',: ..: .<' : ".'.' , .,.'
Gi
~
1/'1
1/'1
1/'1
~
C)
~
0-
~
o ...........
~f.'U........
4. ~.~~
...J :J:~~e
~ %:.~~.
~~
r-
u.
o
t:
o
:..:."::~.i::
.~~~i
'V., : :~>''i,:-a::'
~~~t
..,
~.it~'.:
\!};
.... .'~."'"
0...-....
[/~~
~ ..' ..~. Ii:
...Ji.~$
4:';;\#'
\::. .i$.~
0.. ....."'...9.
4.: :."":t.
0\1\
'" '"
'" '" ~ fa
~ fa 'In '"
'" '"
. '"
~
'"
~
...
1;;
1<'"
Cl)g~
$3''''
",'g'&'
Ill;;
"
o
';j,
~
~
"
:~ $.
Cl "
"" ~
~~~
Q)~a
6o()
",,0"
c..,., ,rz.
":S~
~C.o
:g~'ti~
co ~ -%O'l~
,)1..........$
Q) 11) C. "4"
5E~(fl
$~~~
,,() " -
't;: E ~~
~g88
i~i
\\~\
-
~'8
,,-
"'~
~
~
~i
~'"
m'i
%a
..,
Z'Z'
55
5%
"!~
(l.) 0) ~ to
~ .~ ~t;
t E.e:
2l." c. "(6...."
'0> _.;-..1-0
S U1c: O'l "6 --0 g
':Z. ..- (13 ~ -
~t-_~~~
'Q) a~8~~
o ~(fl"" ""
Q) c ..-~(<)
~ %~cioci
.Ci"€m6~~~
__ (1) " E. c c c:
tE"'C.t'O\1)(1)~
-(fl'- 5~~~~.a
to ~ C C. C.
c~<h~Q)Q)to
.~~88~~~
-
"i
g
t.
'"
~
:g~
~'"
aU
:;;
o
o
.'
o
~
Ii
~
-'"
~o
",0
"'!i
~~
5"
.s%
5~
'm i)
~'E
'>\;iZ
U1..
~'"C
0;;\
a:1i\
:;"
08
...
"
..
"
t
~
'"
e."
"t:.
:=.8
~a\
go
.~
o
:j\
"
?
1
~ cng
~"s~
eQi-.t
~~~
I 'gl(;
E'U1"
~z'"C
ff>5\
~c:
~~s
'r-':)~
':Scg-c
,,00
:;;()()
-
~
t.
-
~ ",$
:,,-
",$
~
I e.\!
~ .~ ~
~ ~*
II>
""
-;;
~
G
i'l
'"
1i>
\
5 ~
i \ ~
~ 0 'A
o '" oft
fA Q) ~~,
~~~~<~
O)OUlr---
t'O C. ~~ c::
2t~~u~
":Q:s"'5e~
~~<g"'C.(1)
&888&
~
~
"\0
"
E'
'6>
:a5o
. -:;::; 00
- ,,~
~Ou1
._ 0. to
50~
00 o.
m UJ c.
",a:"
~? 0
""..E'
to-c4..
c'ss.oo
s~~
~cC
'$88
~
-
':;
~
'"
t.
~
:B
t.
'"
~
..
"
t
f
\
leG - <It tn
~~ ! a~ltt,g
t:n() - (l) E;:' :::]
Jg(1) Q) Eq)"O"G
>~~~ \U~ii.s
Q) ~c ~g>~dl
€'ri 1:: Q) c:: Q) o.~
_Q)::SQ. 1h.s::~:::I
o.O'~:g .xl--.~
"ai 0.. .,g dl. 0 c:.
~.~~c: lDE8.8
(J),E;';o -5e8.!!2
:>_ .s Cl)(/) U)
~o'02! Q)e.-otn
(\) c:.... e 0 Q. Q) 8
F~i~ g.5~~
.2m::l .....o'~-5c
g>(ij.Po ~ 0)
._ C CD 0 1i5 Q) Q).-
-go.c:'O 1,1I.l~:S~
\1) u"" ..... to 1)-0
O--g.e~" ~EQ)~
1IQ) t'$ _ ~ ;2 '$ \--"
m c: c: E 0".... - .
en rTl <1l C (/) Q) 0 t-
c.z.:'Eo __0
.9.$(1)".= OO-go
(0-0....> gE'i)lN
&~~; ..q-s.so
i1l - C '0 \~~ ~ ";.
dl '- ro c: 10 0 <I) "5
~~Cll<<S EE~'-'
,_oce ._E~C:
5g~.Slcn ~8m~
'SliZ 15 m c: 0.0 co.o
0(<;:;0)"0.2 ~lttuC
oa;~d)tU <<sga5aJ
~.o CD ~ ~ :g ~ ~ 0 0-
....iU~'5tnmc<(z-.R
,gE'- a>S<l)-oG(};
<.(J) Q)t:c.;:'o~ 16
.: . ,",. : :'""'E- 5: g. a> '0 "'6 >- '- ~ c
.: . ,;.' .... i5li) e Q) Q) ~ Q) "0.2
,...-:\<1.>)-:> o..e .0:::1 a>Q)~
_':: a.-o..g.2 0 'aE:E &"0
:. ~o Q) (,) tIl E.s::.... m
'': 1:: _ -g ii ~ :2 0 := ~ Q)
., Ul 0 O;J "CI 0 I- () 5: co-:S
.....
c:>
.~
;;;
r....
;;;
J 0
~
l.
....~.....
'S.
[
Ii
::.-.::~::.:::
~i
.' .!i:l....
. .,a..'.
g
Iii
UJ
:s:
II)
II)
II)
~
Cl
~
0..
&
o
~
>-
~~.
~~
l:ao
:E :E ..........
w . ~.::.:" :~~'.l~
~II) l-\l~~
..."..""......
o 0 ...~..~.z.:
U1 . .'0..""", -a.
~ ..,:<H'"
<3 2 >i-<~.<
... .. .v<~. .
0.. .~::!l:.
~\il\
~ .:.< it.:
0"0. ~
"\{~~ G
0.. :.: :.fi.'ci
~ ?~~\
I-,....~..ii:..
~~$
<( <..z.,;;,
o...:..~..~:.
%8
.:...k.....
.:.::.~:E:
~!t~~
~..
>gt'
'"
~
~g
::I....
-
"
o
.~
'"
~
,~
1!l
"
<'l
i'O
.c
"
E
E
8
.!ll
13
"
E
IE
1!l
>\'~
': ::J_
:: :E ~
.-0
'. (1):.;::::
.>roO
.....:> E~
:(l)Q)(Q
-: .g"E t:::
:: .ffi~~
rn...J~
~~ ..
~..E
001::<(
E~t)
$~~
$ !:: C
".00
".00
..\il
::~,:::>
~
...:I;-i::
.u:........
..e.;o
o:..;z;...
f~....\
~
'9
~
o
~
<(
z
'"
.
;;
~
~.g
~2
~~
0"0
'" '"
<("
2~
l-g :
0'"
01;
= ro .
€~~
21"'0
~ge
","'0-
e"- "
B~5
0"'"
'::!:: ~.G
l'lE~
o:J 0 .:S:
t:: () ~
~~~
~ .."
"0""
s-g~
(ij~~
~ to .-
g-~~
~",0
0.0."
-6 g~
,,-0
:t:::'O~
'E ~ C6
"' -"-
a ~'$
~~~
Ci a~
~
"
~
o
:0
OJ
I~
*
0.
~
!!l
",'
c~
"'-
a..~
~,s
"c. c
" "
E"
E"'
8~
!l'l
- ~
-ob-
,,:;;
"'al
.~e
"0-
;::c
al8
ga
.g,'Ui
,,2
'" "
73"\1
:;;'"
'!!"O
.~ ~
'6 e
,,'"
0"
iEt
1E..o
~'"
"Ol'l
~~
<(
z
~""" ~....
"'~ \ g~
~ ~-
g
I/)
~
'"
,;,
'"
~
[
~
'5
~
13
'"
~
o
o
0,;
E
ci.
'" "
1::E
"<'J
E "
~.~
~~
5:2~
"'~<O
~o:: r--:
o..i~
~",..
<<o3c
J:(/J5
-g5E
DOO4:
\
o }j
a, c: ~ E
(i;Q,l.c.$
~~j g-
>-1l>1ii(/)
~~Eo
Q).I::~'O
~ go ~
- '" .,
~c..r--::;;
<Dcg 0
.00>",-
~ ~ ~~
:;:>0<<13
t5ee-g
~ o.Q;J.c:
~"~ -; ~
E $g!!l
.$~.s g
~~ ~:m
0'- Q)
-g <0 ~ E
::Jen...."O
e E 'Ci) a
e'.$..s ~
~ ~o /Jl
cU)-.:t:
2<9~>.
.<ii ::) :e -s
,C<n$-J
~5~~
.5 -5.~ ill
E,$!o:E
.~ ~;;:s
~oZS-8-o
I;;; ~ t;; *
o<(~g
(/)oSt'G
8~!
~ ,,>-
,,0 .
!b~~
4l~()
~ ~.E
13",0>
S g-~
(J) ~
"," '"
,,"'0.
>g~al
cao::;
a..J;;; 0
" ,.."
.c;::tr.J
':::~ <Ll .
.g~~-g
3>~ ~ ~
.5 -ci g>:ii
~~~~
.s'e to Q)
.........0 Q.. C
8~~~
-0 ED
Co 2! Q) (/.I
Q)(.11U)jg
~rJ~'5
23:"":3
~~ ~ 0
(1):t:Eu
0><(1)'-
c;4>e's
.0)0- 00)
"iii:2'C >
(\)Ow((l
C1$Ql~
-gQl-go
:SEU-S
E r- "C ~
.0 ,l:: 0-
:3t'- m"C
(/)~ <\) l!!.
0::-<.>:;:1
:2,<>>-'=:0
Z g~.~
(j) c"': en ~ ll:l
~%m~-g:;
~t-- ~~ ~b'
~~~~;~
3:.:8'"00 ~ ~
.~ ~ c:; I1i ~.13
Q;1(1)Q.lOlm:g
-c~~~a:~
E-a;.gB'~
0.....0 ~a> c
1ii $ "5:9: ({).g
....; ~ 0.0 Q)- 0
~{1llD~-gE
~5~"" e W
(/) ~sl1)g
~ ~((l.E:EO
-5Q)~~@>
c: E.-"" t:: 0
._o.QQ1gZ
11>_"- o.(/)!;
~~ ID g-~o
0.:2 ~ 0 (1).5
~~:;,E~;g
}--o,_~al.o
~ ~ ~ a;::~
.!!. 3: o..en e.. :;:I
o.=::: /1) Ql .0
4i c>>:S ~ ~ 'g
(\),s>..Q)o.~
~,o.~-E<(t)
#~e~~O
\f)$'5'c"-".S::
"'g>ot;:::e.-g~
-g~9A.sili4}~
~.(ij co~-oa>
g~-am.gE2!
$~~c.s8:::
._ o:l <:( (/) (\) 0
LL1e:::l,;;:E.o"O
~ c>>(1{(i)~.9 as
.-.
<(
z
~
z
'"
$
~~
~~
-
"'...
. '"
"'-
...,
~
..
~
al
'"
l!!
Cl
Iii
'"
"
iii
g>
~
Cl
~ Ii;
l>>l1):S
O~1iI
tG 0 Q)
~.- e
:IE Cl
"
"'..
.enE
~.,.
'2 13
~ ~
5
o
'"
130.
I.!!t@.
0"-
5: "
e~
3-0
o "
2 '"
,,"
~.g
'E~
~~
~o
>-J!l
15q
~
.e:9
Ia..~
Q) .'!1.
,;;0
~~
....~
,,::>
"'"
'E3
- 0
" ~
~2'
~~
,,"
-::>
0,
Is!
16 '"
.-"
0-0
O:~.,.J
,,~(J)
:a~,s
u .. ((l
S s:;;
~~'O~
.::: E c'OC
C Ql /1) ..
-:> E....
~e"aio
0. c::D~ 0
e:::: ::Jt").
1--_(1](/)("')
:9U5~E~
o.oCSOEn"
~
~
~
~
J,
o
~
:<
e.
...
~
~
..
"
e.
...
o
J,
~
..
G
e.
...
o
J,
o
~
\
1: ~~
Q) <ii 0
E " ~
0."0_
\lU
CID~
.9):6 0..
: ~ -i.S
l::l ~ CD
Q)~Q)
.So~
-g.s1!
::::~.....
.g o.s
.g ,5"3
",.,."
~~~
1(1] _ /l)
.c. g' E
<(._ c:.
~.E<1l
(J)~.1l
'tic:(/)
~ ~~
-5.- (I)
ro~~
,,~o.
l5'.~E
g.o:(l--
"Osd
.ffi:(J)4}
.:: d.i C
~ ~,g>
~-u~
"","0
I (Q c.-o
'~ 612
~ e.&
~
z
-
",..
. '"
"'-
....
~ Ii;
.. '"
of~
e 0 Q)
~.- e
:0 Cl
"
'"
~
o
'"
",m
13;;
"DO
.28
"-"
l!!0
-5cij
2~
1i5.3
'jg g
"z
-I/)
"",
% .~
>-"
"0'"
-"-
0,
-
~
is
e.
...
o
$
~
..
g>
Ol~
C "'
..i'! ~
;;0
,,-
",,,
,21~
DO~
:;;~
z"\1
w:~
"'--
",,-
g.11).g
~ES
o..~~
c.s (/)
\,~ 0" ~
11) ~-a
~ ()'o
.- c. 0
ni13t;::
~ .~tO
.c-o-C
o '" ~
~"O E
~"e
s"''''
1I>~g.
ig.<20
,,-
.,,\'l<h
,,0'"
8'\% $
D05~
:;;",~
z 0._
c:~;(
s$a>
-""
" ~ ~
"'E"
";0_
8 '" "
0.'-
8,(I)!!
._ "0"5
m(j)/J)
o~~
<t
Z
~~.
~ -
..;:
-
j ~
~ ~
o!-
"'~~
,,0'"
~1- !
:0 Cl
-1l
"
'E'
"-
~
ElS
s!!!
~"-
'" "
I-E t5
-"
,,0"
~~
....~
"00
5>-
I
,
\
\ . g>
N.-"'" c: 'gl
~ ~ ~ ~.i5 .~
~,EC:~ (l)E:1l
'" " -0
~5}EtO~Ql
:s~~-g%t:
g~w~gr-:
(J).Eca:~12
O)::::oo.g>N
t- (\) -0 ('$ .(/1 (:)
c. a Q) 'C <1) r::
O/l)rJc."Oo
~-S(])5~~
'5a....;ul-u
$_~~ci1ro
.,:J .0....." c:~"
-oo....'-'~
'c'2Q.2:B~
-gffi:sr-.E~
o:l _-gi3o
~g.~C1~0..
,~~ ,Q.91 i5~
m~12~o5
-oo~C:~~
,g:(E$o.~
~I-~.obo
get E~N~
::S ,_.s:...- ro
l'g .~ 2 c (0 .c
('$ 01- ro Q)~
g,.~ "0 =s oS ~.
,_ ~ C f/)..... ?-
m c. ~ C to 0 '
-o:o-t=8Ul;::m
~o~((l~~~
~8(!)~-b2~
'CtrI.co=08
,~.;:::..o:o- ~
eZ'o~tS:g(J}
0.0 a>!E t'O.2?: (I)
(/) W"a.t:; 8
._ G) ~:;:I c. ~ e.
t:~-ao8~o.
'"
1l>
'"
1l>
-
~<<)
~E!
~e.
'"
~
~
~
~
"
..
'"
~
Iii
"
:(
o
:IE
OJ
o
."
G
~"
",os
--
" 0
" 0
~1;
.<2"
<N~~
~~-a
~ ~2
0...-.... It)
I....:z C (:/:)
~~~ i ~
o ,wg I'" ;;;
g~C1ti ~
;.~Cl c: Q) <U ~
'-'o,g.O'o... .....
~.~~o: .s dt)
....oE_'ai 5~~
III (/)..... (J) UJ-
-o.c. c C <c l::
5S88 ~<{8
~
--I
~
e.
...
'9
~
'"
~
N
"
Q.
l?
...
'"
~
.,
'"
,;,
~
Q.
c: 5(lj
~.sv>2(tl1Jl
.c.'SCttlo.--
(I:l (Jl ~ Cio.lfl;;;;:
C')~o. c~,.::::
(0 0 ~cf:. .,i2.l- to
~Oo 0 (tl"':-U!
O.cgt-......~Z
_-0 . (J}.l!1.-0.l
:5:a2"O)cg.s
.-- <D C 0 0.-
e_cC)""513.o 3:
cnu-o.o$(I:l"O
.cd:l-_cn1fi$
(Ij u...l1 (Jl ..... j;;;. ,-
:g~:sg~.ca~
~3"%.g-g.s~
~E(tl~e~e
EC1l~ -o--<A
E:~~gQ)gl;Q
_C='t:::':E:~~
~.~-g5-g~\5:
g.g~"5EIJl~
0~",~3~"
E-S!8~c:;a
Q..-o..9:-oo:.<1,lEl/l
(l)Q)~(i)-5-S.gc.
0>.-'':::: (l)(f) 'Z!
eO..c::'O- :!::-
~o.;:;...:UCecn(tl
~o.\1)COOuJO
S ~ i:: .'0"$ e-~ .....
~'U::Jihl$)OQ).D
'i5C(Jl(l)'3g.c~
~ -g~:'~JE-;I-, 3:
€O-5IQO-S'ti.9!
(/)l:'~C\i~O'~~
(ll._w~ 00.....
-oO$-~cl)o.Q)
.g';g~~C3'O.~
c--o(l)._~Q)Q)
,_~....~~(1l-g~
~~8Et:S.E3'-
.0'...... ~ .g 8.. E ~~.
1i.Oc Q,) II) x$-a~
11) :SQ)Q)ro.....o
:E-d:9(u~-o-8~
t a:. '-0 ~ (I:J g ,&: ~-
-oc
5t:1l b"
o''iJ) ~
~% G
m~ Q)
cr- :S
o ,0) 0
(/J ~a,-
(l) ~.- "0
i-t:~~
C 6: ~ .e
,3(tl.\:::.g
... g'o rtl
~ (tl C Q)
,g' '5 .9 ~
~~~.~
o-ge~
,,"
.gg-g-g
t)5to~
"2 ~ ~qi
"$ g :;"0
ao~Q)
0"'" (1):U
-0:$0...3
~5~~
c (f) () i2
,'qJ~ E 0-
ifl. J- (1l g, .
-o.s 1--'- 0
Q)::l_~"-
-S&o-o'o:)
~---,~~~
-g~~~5B
-g~:'2~at
._ 0) ;:;;:=:. (/)
-BCL..2!€'O
4)tO-t:.:.!
'2"3 ~ 8 q)
Q.m"O(;) ~
.'!!. E%2 dl
t= ~ E 8.5
-g'5
~15 .~~
cCQ)Q).g
o~..c L- en
i21-.-g~
to l- ...r (0.-
g-ci~-g5
_~::l--'rl
So: g~~.!&.
~b'<tcr$,e
~ E c: ~ 0 Po
10 e~ ~~l\}
:SO'60 l\}~
,~-g '5 ~.sS2
~co8I-a~
..0 <D >- .... 0
r::n::J l::i iii C 3:
:s~-giglJ)
~~:::-o..~~
l,\)o2cCg>
"0 ,...... g:-Q) 8 .-
g~co$'CE
ro> ,&~~.g
.....c3-ctIC~
tl3~c.s$
'0 Z 0 Q) ~~
C<D:r::St1l::=
.9.0 fu'clS.3
~-gE~~~
-oo._....c'Q)
!l'>o::.~gcoCL
:Eo.c;;> 11)
(/J~~5:S'S
.g:e~~~~
-g~€(II~C>>
.__ (1) co- C
_ 0 (l)~ ta',;;i
gCQ5>-8~
'e~ 6 ~ g--8
0..<; "';;\ :s. ~
.rf!,~'ij)CO-s
~~%g~o
,
,
.
~
~
.: .:.
:...)
I
..0."
:.~.. .
.::'f:::.
l\
....~.....:.
.'ij!:."
....B... ..
ti
Ul
:x:
(/)
(/)
(/)
'&
Cl
~
0..
~
o
s:
~
4.:x:
.JI-
'::lz
00
~'Z
Ul.
I-(/)
11-1-
00
~~
o~
0..
(/)
\
6
a::
~
a
!=
~
o
..
:.:.
~:\.: : .
i'.:.::
. ' ' . ' . ' . ,
:\:\:~'.~:
.,,~6
.li'/lt~
. .0"'.
::...::q.
:..:..:""."'.:
:.:~:'.~'.!.:
.:",..;.;.1'.:
"f;;"~<i:'
~~t
.:.......~.:..
. .;-> .'0' .
i.i\\
.......,.
, . . ' . . .
:\?~~.:~(,~
."i~."
:....:...:...~t;;,)":....
..' ,,'
.,' ....
\)f
...:.lOl:.V::
>~i\
....:,(""". .
.: "z:.<i: .
lei
..:.:~...~:'..~:
.,::~:?:
...g/
l.~:.
>\0-\:::.:.:.:
:>;l::....:
.\1;'
~r\.
",
b
~
~
_0 t-
o- 0
0-
..~
~
~
"
o
"
o
~
"O~
.~a~
egiS
Cl-OS
1; <<
~ "tl
;t:: t1l
~"--E
(tI~O
-m.(00
o:li!'
~~g
EO --
~- "
:::-.:;'ih
~'E ~
-0"'''''
:g~.c
~:a .8-
~.g-mo
.g W.;:: 0-
o ~ LL"'-A
Cl-edl~
\D2lJ-..-
0-,(1) $
",
ii\
~;::-
o .,
0-
...e
4)~
$0'
01
s
o
""
~
'"
--'
E
"
>-
Em
~~~
~e;~
is ~-o
, ::,toO
3'~~"&~
':"::(l;SoO'l
~r;~~
g>~ ~ 1:5
tal\}::Sro
13E~~
(1)$00
Q...I-Oo
o
~
.;,
o
~
-
-
~
,s ~
" ,s
o . '"
;@ ~'~
g "51'!
~~.g
050.
-"
~B'o
c;og>
-:! 'j;!
-0_0
~.9~
(l) Q) ,lB
cg'>-
)--~~
s"o
o co . lJi
J::: o.:e"'"O
~coc
to :g}~ ~
O{1lIll$:
rt..gE.o
.~#~~
Eo-al
.et'1g~
1a~~Q)
o-(6~
o-g.Qc
13:lS"Oo
gs-jz-g
a:.g(ll~
.ot/l~.o
~~.g~
l\}~Q).2!
;;"CDctI
3l:l'%t
,," ~
Cl)~t!D
'00 c 0
....()\1).....
0. S'"
.'!l tt E t\:I
s:: ttI 0 ~
I- 1\)0 (l;S
~ ?:-
" "
.~~ c:~ m
ti ~ ,Q'1: ~
'E~~~ Q)
;.o-:R.~to
c:~o aC
<<-0,,",0(1)
"'aO ~ ~ S
.~l-:SS~
5~-gS<<
t/lO>E!-o~
-g-EE-8-o
s.s.o(;B~
,,3:-;;\j;'"
2.O)~oU-l
1iS5~-:Z
p,,~<15
'O~~~~.
@~~t!I\)~
cQ)gw~:S
.goEUEBo
~-g!~.!8:;
_.!8.r-".o ~::a
,.==. ~~ .0..0-
~~g?;~~
.'R ~ ~.~ .~-e
0'- ,-:;; Q) If} l1'l
a.~,-,~it
-o\1)tSES2
<u:S2Z-<.'34)
-got/loO~
,a-;m!l'>E.-o
~~2:sg~
ffiE;.g~-g
"Ci~C::Q)md)
Q) coO.-::CIl
_@-o~c;<u
~-€~gg:g
I- I\) 0:: (:l <2 t'3
J!-
o
~
t-
",0
b'"
~
~
'"
~ "
~ .~
0<1>
UI
\C
.~ E
",!f.
s ~o
~_\O
cS'"
~~.n
S.g~
g,~1S
<<>,,<<>
:g~~
",08
",0
~
I
..
~
.;,
o
~
~
",
~
t:\
0:;:
~W
'"
"
~
'0
Ii:
--'
Cl-
\Ii
{6
'ii
0:
"
~
~
~
Cl-
CIl ~
"
i:D 10
-g co '0
\i~l~
!~()co
_c~o
oE_C::
~ ~~.g
8w-o"4)
al:Sl\).c
:oc6~
ta_.~%3'-
~ ~ ttI g'
_sYJ--m
-o_~Q)
ogt5E
.~ 'Z; ~"E
s,,3:-15
.2 ro-rl~
YJall.lc
c:. Q) 1. ,q}
~.= e ~
o>~ tt1"Q
alSc(l)
ts"CiGl.t:
2.~:g~
1iS~oc:
C::'- Q)~
8$:S~
;;;3"S
3 fr: '3: '0
~o::co
__ c 1l) N
e<tEo
0. . <U .,....
,'!l-g ~?
~o ~~
<;;
~
U
$
-0
C
'"
1;
-g ~
.~ -0 -a
?5$-
~~~
~ 6-0
"'~-
E'C~
E 0'-
o.~~
"s~
~.....g>
~ -E";::
......_ <<S
"tiicag-
Oc~
,00.
'C%~
~-oO
S"',
'" ",-
~.~ &
<(~E
o.o.~
o~e
80.'"
",<<
,,';' 1\
o;t::: ..-
iSot;j
2':':C::
_~.s
..!!l~ c
en 0 E.(ii
-€o.g'2
UhlfJh
<Ii
~
'5.
'2 ~ ~
\ s '~
.~ '5 .8
'" -
~.ar Q.
1'l'IJ \'< .1$
~~LU,~8
(h~6.ggOl
~:O.QQ5o.E
==c:~'2O-ro
.g ta .'!1 '0 I1l 0-
<Jl$:::Jil:l~\!?
ro768'~;Ea.
tI) :> ('Ii.... C \
_70.'-\1
~ g>-g~2.-
....._ <<S CIliii
,i2.E e t/l..... c:
cnS.Q~~17)
~g,~~E~
o.,i:a[3glB
3:~.g'-o~
a,O'lOl~O)t;j
'w ~.;; e.€-o
0>.- s:. ';) co c
-o~$o~5
g~~5a:(6
co.. ~.~ \ ~
:;:: , \.lJ to f/J P.
j:: Ul \ ai ,il:l 8
8~~13:;g c:
'N \1) ~ 0
~o.. Q:J0
<)~,f\ h h ^
",
':t
~
",
b
'"
I:::E
o~
",.c
3'"
-!l
€
o
z
€
o
z
'"
t-
2
;5
0:
2
Jljc
rng
:;;5
g~
o:iij
l;;~
..'"
~:g
\g.s
'~8
\
..
<;'
'"
o
~
'"
o
:;,
<<
%
~ ~
",0
o ~ '"
...- 0
..\;
- ~
~q! :;;
"8~'a)<( a
._ (J ... ;ii
g~;~ '"
~- < ;;;
g>
'ij)@
13"" "
oW ~
.c- S
g;!- ~
~ c
o~ g- o
"'~ 'e
~.c .. 0
0.
"Cl- .5 "
<;;' .<1!
~l!l "5 ~
Q)c::_go -0 'Ii
"'C ~ -5 . ~ " 0.
- ~'" ~ ~.,;
-~z~'2 -0
'" .
~~.:>6r-:c-i .- ~~ ~
'"
h~gg "" 03:- .~
~llJo(/)$ ..-~~~ C
;:.. g>:2 .;..: :.i <Ii..... c: S S
$. ta .. ~~Q)-o (5
ro-o.....oo oE$
>....i;ZZ -ci ~"O ,$ "
s:.,S:t:::-ci-o " ,,- ~
g:;2~~ fJi<D...G)8'
~~.g~Q. >-
-0
~a8~~ ;Zh5!\% <5
~ '"
- 0
" 0
0 g
s 0
~ s
- - ~
...
<;'
'"
o
~
en...
C
ILC
Ol::!
M
CD:!::
Wen
C)C
<(
11.
I-
W
W
:I:
C/)
C/)
C/)
w
0:::
Cl
~
D..
~
0:::
o
~
>-
j:i!
::ll-
OZ
wO
:!::E
w,
I-C/)
lJ..1-
00
>-w
!::(3
00:::
D..
C/)
I-
Z
w
:E
w
>
o
0:::
D..
:!:
..J
~
ii:
c(
o
...
':::~:,'..,
... [;2' .
.. . ,.
.. .
... c ..
".0.<<
. ~..
... ..
.. . ..
. ...
... .',,!..
,:-.-:C(,):.'.'
....~..
..<~>.<
:....,.~.. .-:
".::;"'-: ..
.. ~.'. ..
. ~...
... ...
. ....
"0.
H<....
~:tr:
)~~~ ~':S'
!t:.~..
..~8:~::
~.~,.<~~~:~
..!'I..~.~.,
..;:;::.i......
::f;l:: .::a::
:~;#::o:!~:
:,:.:~.f::!:::
"'r:;..>::<
U ~..
. ..",,>~<..
. .... 2';...
)~~...
... .. .
... . .
,.. .....
lE
.....a..~
. .::;l<",...
.....'">0....
'.' ."...\.1.....
.~~ .
~~<
....u.~
..~. .
.. ...
.... ..fo;....
..<0.".>..
at8<
....l>
:.:....:9::.';..:
..Jf.<
.'>~..'><.
I~)
0> C)~
t-..,~ .....
Q) ,= .c.
.......c:!::
=>- 3
OO"C
~:Z.$
~~~
~ 0'-
,,~"C
L.. Co 0
0.tt1 (I) 0 .
:suo
~.~~.~
u 0 ~
~.~'?:~
Q) .9 c: :S
I-.~ g i5
:5 i:5 g CI)
c:u'::::c>>
0= (I)......
;;;;;~gE
~~Oo
'CQ)ct:i5
-5~@;g
ttI :>. c..@
(I) co O)...J
.!:: ~.s c:
(/) '- a. :;
Q) (tl.C I-
c:a..t:i.....
~tt1cDJ::
'-alL-Cl
6@Qla::
-..c=(ij
Q) 0 W :::J
~~mO
e.s g. ~
~lO 5.~
.~:;::.s (ij
tSEED...
IDOttlm
.e':;"3 g
c..:2~('IJ
.!Q "5 R -5
.c. 0 ...... Q)
1-00<<10..
c""
.. u
S .~
Ul.ll
"
0>
C
"
~
u
.,
a.
E
,g
o
.,
C
~
'"
.s
~
"S
o
en
0>
t-
200
=>~
0-'-
'" 0
.,-
0.>-
'c"
0~
., "
"'a.
..
'"
~
~
a.
o1j
S ..
:2'2'
v 0.
:5 ,!a
'-~
el-
.!II
~o
0"
E .e-
~o.
.9-0
al-c -@ro
2:! Q) c e
U5~ .2(1)
IH ~~
o ~ g'.s
"0 m 32 OJ
C 0) Q) C
~"6. ~ 13
'5e. (/)2
~ E ~~-ti
:5 -g {} 8 .~
-rom aj2:!'i
et ~,*t5
Q);'; Q...c (I)
:0..... ~ ,s'-
~ ~ U rJ g
Qlro *..0:;
OJ ~ g ~ c:
~o @~.~
'~:E ttI 1: l1)
"0 en CIl :!: 1D
Q)'C :5:S: "C
:5a>,j:;:::;'C<(
><.s"O ~ ~:E
<<=~..c!E~W
'S: ttI g ~ a.11.
:> CD a. III ._
t5.-:..~w-oc
III C C -o'if.j:::l
.~ III e 1ij :5!
a. E ... W lZ 0
.!!2 ~ B 1ij ~.c
~ m.!!! a: ~ g
,;!
Z
~ ~
Z Z
""
.
'"
"if'. ? "if'.
'" z 0
N
>-
..
~
"
J:
'5
"
Ul
'}.:', 0
"C '0
=>
" t-
o
ll: '" .,
0 CO
.!l 0 "
~ c l'l c
., :i "
E en
II) v c "
).. > >
e .;;; 0
fXI 0. "
" "' .,
Q c 0>
c .9 '"
<).J.IJ .~ c Iii
:;<:c!: 0 2 .,
"'0 E ., ~
0
- 5
fa c in
Iii g, "
Q "C C "
V " 'C
.~ u 1h '"
(!) rn 0> ., .,
~ u C "C ~
'I' 0 0 .,
, --' --' a. u
',.UJ
ifXI
!~ "
(,)
" .~
"
;;::;:. 0 N ..
'" '"
'/i ~ ..t ..t
I." 0 0
}' ;: ;:
a. 0.
ID ~
-E .i-~.s'5~ .e
c?J]0~Cij]ig"O(j) ~
....,clll-E>-ol::eE
~.~=OE lll~ ro ll~~
OJ:: l:: l::.o III _~ -:>
lll:;lll~~:5"OU-g~w
O)....;lll:::l....l::l:: l::>ttl
:g Oz ~.g'- ~~ ;:.(j) rJi
.o.~llloE~-o-oOQ)
Q)e'OO....l::$l::6@,c
~a.t;l::.g~..92$$:l::M
,e~-,~_ttl a.z.o $ e
-g-o_ Q)f3~ ~ Q)O::.o &:~
o.s-q-~D..-O'Ol::WttlJ9
- - l:: Q) -.23 l:: l:: ro ttl"O <Il
8~o::: >.l:: lllg '5 = l:: >.
Nli!:Q~gE~~l::m~.o
xQ)<1>-oCi)l::w.-ool5>~
e~-; 5;;; e~"Eo"o g-~.5
0._ ro ". .....S .... .... Q)
o.ro:> -Cl::Eoa.o.'O....
CI:l<ll:>'E<1><1>....oCl:l<(lllID
l::,-g>~ECij.g '@ .:5-0
~~~CD S mOO ~'513'5 S
01- <1> ....,!:::-ow'5 g:::ll:: <Il
Su:i E* i:~c; @CI:lEj.Ql;
;,;;;; "0:> W ..c:.... 0 l:: W l::
OI(j)> ~g>:::.g.... 8~ ro
.5Cijli=Cijro'co~~<1>orJi
~ l:::<( S.!:'ffi:; rot; O)_.~
8~.,j '&~ Eo ,!E.E (5:g ~-g
CI:ll::<1><1> >ro .0--
<1>,c <1> c::.... l:: @o Ii> <1>'~ W
~~ ~ rJi~.a.:t:.8Cii:5 g]!
~mge-:5*c75~$:u~ai
-g l::-o8 0)_ :j:::.~ 2<( E
g~~ >>.E~ ~.E ~~~ e
.- @w E ll<1>:O.g~ 8~.S
~oz<(@:5swao-ai
'.....,!!;! CI:l rJi a. rJi - l:: - ~
e"C<1>l::l::l::Cij<1>o"O:::-g
0.2.2:~:;:: ~ 1i>~i3~ :::l.!:::
.!!2 1:: 0 _ :::l::: "C W l:: Q) ~ :::l
~~.~8.~~~~~ ~ 8 ~
"if'.
..
..
*s
go
~ ~
~
"
..
Ul
c
o
..,
~
~
,J,
~
0.
.~
~ -0
~ ~ ~
2:! .E K cci
"C .0 a. 0
I: ~ ~ ~
~,~ ~ ~ ~ ~
~ @ ~:c :2.5
Iii <Il :5 J9 D.. @
o l:: ._ a. "C W
'c ~ ~ 8 1ij l::
~., -~
o a cci:g <( l:: It')
.9:1 ....ccigg '5 <1> g 8
~- .g8N.o l:: a..o ~~ Ii>
~ Iii~OUoo ~.Qg 00 -0
"" :j::: <.> _ .... ~N .ZN l::
E 'EO"O<Il l:: <1> 100>>:::l
2 .o"C~= '~ -og.g::;;;~ ttl
OJ ~~e~ .9:1 li>OON"::; cciE
g, .c ~ a.Ecci <1> -g~ ~~~g15
'if.j ~ &:~.ggO ~ >0 <1> ~N:::l
<1> 0)<(, wN~ '~"O~"" ><Il
"C .!:, <Il.c '5.> wOO Q) .... &:~.c
15 (ij w s~ <1>G: g'~~ &:<("C~
"E 9,- S:.;;;; ,00, 's::' a <( I <1> ~
<1> ::;::._0.1::"0 itj-a.' >>>l::
E D..'5.~O<1>E ....ai<("Ege<1>
a. ,<1>Xe.>e. OE' Q)....e.E
o tUxLU<1>~Q) l:: Een c.=>
-;;;..OWl::C::o.o:: ~~O<ll-<((.)
.....we. CI:lo. o <1>;';;;;<IlJ9,0
a;~<1>l::.2>_<(w ....WCl:lllll::WO
"C__o"'_'~~oCl:l, 13 a.W:::l<ll<1><1>1ii
....0 0 0.<(15 W E=o-
~.g~<1> Ii>~(.) <(>.><(l:::::le
:::lw......O ~_:::l<( ,gg~~gCi5 E
!: ro e~.8 ~Ci5"Cl'--0)-.-15 >- e
"E!!2D..oroE(.)~oECf.)Ul:::le~O
8~~;~o~~~o~~a~~~
>,.... .... -0 ro _ ~ 0 >. <1>:!: (.).!::: ct:I :::l e
.....CI:lO<(:2oof-::2:iC!).!:<(<(ZUW
o W ^ ^ ^ ^ ^ ^ . ^ ^ ^ ^ ^ ^ ^
I
II
I
""
~
'"
?ft,fO
o~
..",
~~
"Co<(
o ~
~ ~
~o<(
.,
-
o
c
o
"
o
0.
"C
.,
_0
00008e
<1> qqC!qcci:::l
0) ~~~~N=
1ij <>>_ ~-q-_l'--_:-.~
.c IOCOM/'-......
(.) O)NO'>.......... "0
ID eM EA-.ffi
:s EEA-EA-EA-EA-..a.
<1> ~ ~N{")~
m S 000::;:
"E5?U ~ZZZ:;:
E D..u.. E ...c:..c.c M
~-CD:::lO--"5 .
Cf.)EC::o~~.;j<(~......:
<>>e.,.El::~.:.::~""" .
l'--<1>C<(<1>1::.... 0""" 0
"''''llluEggssz
Cf.)u"SCI:l"O>> W"O
-<1>wJ:;;I::CI:lCl:l~..1::
10'.....1:: e Q)........x <1> <1>
eooExxUjoE
_D..UO<["WW_Z<t:
LIJ
(!)
~
CI)
(!)
~
-
...~
., q:
...,
Q"
LIJ
~
:s:
,~
o
i:;:,:,1JJ
I/)',~
};('O'
,~
..,......
00
9
~
~
t-
O
...
en
o
(/)
a.
3:
'" .....
o
LLO
Ol::!
...,
.....:!:
w'"
C)O
<(
11.
I-
W
W
:I:
tJ)
tJ)
tJ)
w
~
C>
~
D..
~
~
o
3'
>-
<l::;!
..J....
:::ll-
OZ
wO
::ii:::ii:
w,
1-tJ)
LLI-
00
~~
O~
D..
tJ)
I-
Z
w
::ii:
w
>
o
~
D..
::ii:
..J
~
ii:
<l:
o
..
.. ,. ...
~
'"
E
"
"
o
o
jji
c
'"
~:. )~:~..~ ~
......[:a. ... .~
l.~
:.::'~~>::: ~
... ~... 0::
~ .>:~<.~ i
.....~.... ~
..,..
... .",
.k......
.y.~:
.~~S
..~-<:
......,{:o:...
"U..
....~~I
...~.
::f;::~::a::
r:~::e:!~!
il)
. ....
. .",.
. .....
. T~~;~~..:
..- .",...
J-(:"'....
~l
..G.~....
:~8<
...i;i..~....
.:;:;;.:ill:...
ill
:::'-:~..:,.
>~:
.:'"0:'''
::~,>~:
:::k..:
:U: ...
If
2:-
o
o~
8~
,,0
EI
'" 0
~ ~
.g ~
>0
iTI:u
- c.
~~
~ 0
o en
a:s;
c.'"
(() ~~
g c: .!::
Niieu
~~g-
~ ~o:
"C.Q~
~~ID
'0 K~~
~ o.~o
E <( Co 0
C. _0
.Q t::~rn
III en &. u: 1:
~ ;: Q) I Q)
-coO::t:E
-g~U8.5
::l U) Q;I Q) ,=
c: (\j'~a::: E:
E,~a.. 'Ow
8 ~ 'tij .~iij
~Eocto
O(f)^^^
-=i ~
s .>
:r: <( ~
~~ ~ 8
Q.LL 10 LL
~Q> cO ecciO
00. a<cil'--a~
"(j) ~ 1:: co e ~ co ~
'~ 0 o::!::: co Q);::-' ~
'- in 0.1'- ..- ::> ,- .....
0).:; ~ar::: eO(ij
.2~(ij-ga~-g<2
(tle>>!::>-g<(>o",
c.clj;;O> ,-"C
~'C: 0l5.0 :::.,a.c:
c.. ~.2 0. a.~ 9--=
, Q) m <( 0.-..... (\j
12'0: o.~~~ c:,E
() '5:5C/Jgg>~
~'~'a5.C:'~~
1:: >.1:: Q):;:::: 2 <<l +-'
o ro 0 (.) 0. 0)0 rn
g-~g-JjW:2:Cii"7
ll::(IlO:::cwE">>-
csE!.Qlcroe-g
g:;::::~ ;g,QlO:: 8:00
~~....o:Bo<(c
c ~2 ~o-:;g.ro
5 0 ~.s ~.Q ~ 0
()o;>rooa.E
:s::s:~E-g.~~oE
Q)IDf!!.8ctl"Ox<Ll,S
'>Z!-(f)~<(WC)cn
~ ^ ^ ^ ^ ^ ^ ^ ^
""
...
...
"" ..
0
N in
.. 0
~ ~
.. EOil
'S;
"C .. ~
0 .- ~
= '" ~
.5 .- " '"
;:: ~ E
~ lD <
,,;
c
jg
~ .~
"C ~~
lD UJ'S;
.~ 16 ~
"0 ~(/)
c: .(ij c:
.9 .~ ~ ~
~ a>.s,~
us: "- ......
X <D 0 =" 0
~'~~~.E1ij
waU)~.gE
~:;:B<2~.a
..E~~~U);J
1il ~ rn c: 0)'0
Q)..... <tI ~.~ Eo
::l co O).!a ttl ."
go.s~ 0..0)
'7-8~~rtroc.E
c c._
:g:J::)~E5:
:JCI)C...Cl
--EtUQl<(C:
o a::~~<<1
c:Jf_<tl 0:::
g >>E<3 ffim
~ ctI~t):E '5
m 3:..::: Q.).....c
'- <3 Q).::.::.~,!: co
Ql <1l 2? .!Q e m c:
.sOLLo::::a..~ii:
o ^ ^ ^ ^ ^ A
0>
C
.w
o
e
o
.!.
'"
<3
il) bOOOOOOC\l'VC>
..... ovOoooaOll)OO
Q) qNc:iciocOci..oN~ci
<tI C")lt)C")OOONvCOOO
: VI O)<!)(!)OOOC")(Oo>:s:o
~1: (D_('.,j....:..ocOa5....:r-:co;a..ol
2m O.....OC\lN ..........(")0) co
c:E TI~N N$.....
:::: ~ z"": (f)
1;'E <<sW
3:0.. :;::::.....
~E coC:
ma; tgi5
';.g ~E';":N (.;~ai)
J1?~ ';":~OO';":NM.otai)cioci
~e6'.slfi:z:z:c:icicic:ici:Z:Z:Z:
.c~W::iE"C"Czzzzz"C"C"C
g-<<SUJallBlBoooooffiffi&5
2?-gctSo,EEOOOOOEEE
LLctl_U<(<(<(()()()O()<(<(<(
....
o
S
a.
'"
'"
(f)
...
o
"-
~
a.
B
o
~i
c.",
g-E
g .~
tU15
~ c.
cig-
Z_
.'0
"C"C
c '"
(r.i (J) "-
IDE.g
C;<Cv
ZAO
-
-
M
Q
~
I.
:,:",:
..
,/'i
'J'
i':
'I
I::',;.."
..~
.~
!. !IJ
:;::::::~
:x;.,R;,
!;:-:c:
'?!,':~
'(!)
:c:
j:::
';!"~
;;!:
/'~
I;'
:. !/)
:.~
::0
::.~
.@,:~
;a.
0>
C
.u
C
'"
C
Q
C
o
i;i:5
2
1;;
c
o
"
o
.~
"
C
Q
Qj
C.
o
Q;
>
'"
o
!!!
:c
~
"
"
.c
c
o
c
'"
'"
<>
o
..
.c
~
I~
~
Qj
E
<
o
LL
o
.c
'"
"
'"
.9-
5
''7
"
..
o
0::
'"
0>
..
ii5
"C
a;
'E
~
~
"'
:iti
~
.c
o
:'a.
8
a.
~
.c "
~~
>--
o.ffi~
5 E CI'I
~~-g
- '" =
-c5;....
co o:w
~~3
ffi 'E Cl)
~ E :s
c:E.9-
00'"
:;;00
0.c a.
TI ~-ci
fe"*
E:6g
<tl(/)=
~um
.. '"
"O.eli5
cc.'"
5C/J.c
f51€ ~
~o=
c.- "
~ .~,*'
-,,-
~5~
~';€
c..c
~ I-.E
.~ ~ g>
UCii'a
llJ"O c'Ci
"i5'ffi ~.s
0.. t) C ~
.~ :: tt1.!2
~~G'i
:c
c '"
g:c
.. '"
'" ..
I
.'ii:>...
.,
E
'"
E
~
'"
c.
'"
0::
"
c
~
o
~
..
a:
~
ro
a.
E
'"
E
~
c
o
'"
o
~
"
'f
E
..
(f)
ii,:'
I/o"
'I'
'::1::
...
0:.
:/(j,
'0>
..
C
:(ij
t!).
:li3
1i.i
...
:;;
.'"
"C
1
u
=
.'..i"....,
r--
i;t'm
;;::';::.j
a.
'"
~
.;,
o
;::
a.
..
~ ~iU
C ~.~
~~ 4iU.
"c.. 0
-g Ci5 ."0 C G)
-8 ~~ ~.g i
C tt1 ::!::: tt1 >"i:
~~~&.;.s
m&ao'Cc
&i Q) Q) 0.. D)'(ij
~:E~~.~2'
tt1Q).c-.Q'C
=6Q)"CIIIG)
.x .... :: Q).- ~
:J c.C/J:: C!)
~.!;;; ~,~ .e.'>
'~.8()~e~
.!; <tl Q) .t::' a. Q)
E 'B:S(3.!a.Q
Q) Q) I.:: Q).c._
1DEoJ::+::=
"oQ)~l-nt)
ol-.cr--,:I.::C!)
;.!;~e.j! .0
Q) Ll)g~ 1;) 0..
u 0.- C III en
-51.::~88:CIII
Co::. I.:: - Q)
8C/J;>oC)C)u
'" C.E~"C:ij.5 e
.c<tl2~cl!a.
-.... C/J.ij)::J::J G)
.~~Q)o~u.C)
>-o:S~_d-g
~~g~~~~
.t::'1.::-g:: 0
._OOfl)cm~
:5cO{ij<tl8;;o
'm:H.8 ~:s ~ g
Q)~o..a.~IVN
-Q)LL2 O,."'''LL
<t.c a::: 0.. 0
~
Z
~
Z
""
o
""
o
i3>~
g'J!!
05":
e '"
~ E
j<
..
."
"
'"
E
'"
f-
.~
'"
c
o
o
'"
c
..
-'
2:-
~
.x
"
<
....
~
,
<D
~
a.
~
.e
'"
<>
'"
o
~
.!i
'"
C.
E
o
"
I~
112
:c
"
ro
.e
'"
c
-
.ffi
~
"5
<>
E
~ :i
c '"
0>"
.~ ~
'"
"
.e 0
... .(ij
.~ ~
.. '"
5.",
c.c
rn '(3
"0 C
'" '"
13 E
!!! E
&l 8
II
I
"I
.fI)
.~
o
!IJ
..,
o
a::
a.
..fa
,~
:q:
.,.J
LlJ
a::
>-
.~
lI..
:,0
:.......
7/:t:
<(!)
(:::ii\:=
ii.....
"
"0
C
'"
0>
C
'w
o
e
~
ID-
>0::
00.
"':;
'7 0
- c.
>.'"
",0::
~13
'" '"
&.e
>-0.
'" .
- '"
,,0>
> C
..
.c.c
" "
c -
~2
LLE
"C
.~ ...
~~
& ~
I!).~
~E
.(3 Q)
c c
" 3
o 0
00>
o .s
C
~.(ij
~ ~
"C -
c.c
~~
o 0>
'" C
.c::::;::;
e .~
~g
'" '"
"ffil.::-<i
-:;:::::!::
j~~
.~ '"
;::2; E
&_0
o.~ ~
~:;:~
c.,E u
8 ~ 0
..E;;!
m~~
~~~
"'c
cw"C
::"C~
~:gm
01.:: .2l ~
o "
~
z
~
z
o
2'0
IV .Q
oti
o
2'0
cu .Q
oti
f
ro
a.
..
0>
C
..
-5
'"
a.
-
-
M
Q
~
'"
....
o
...
0;
o
(f)
a.
S
,
~
~
~
"'...
c
u.c
Ol::!
'"
ClCl:!::
w'"
C)C
<(
D..
I-
W
W
J:
(/)
(/)
(/)
w
0::
C>
o
0::
ll..
~
0::
o
~
>-
~~
::)1-
OZ
wO
:E:E
w,
I-(/)
u..1-
00
~~
13~
ll..
(/)
I-
Z
w
:E
w
>
o
0::
ll..
:E
...J
~
ii:
<C
o
..
,. <00:-
:- .::~'"
. . .
.. ...
:-':"~'."
:.::-:~::
.. . '00..
~<
I
. '.' :....
'''9:
..
:~:~:
..~.~a
.~.~:-
':u.
~~l
. 'I=..i;;.~..
:j:~;:s:f::
<u>~:
..t
,,'F:;
....~.
,....
:~~:~)
.&::tJ..
sill" ~
/~~ > t
~i&
....."..,<:....
:..~:~: :
y~~:-
::. :~.-::
:: :::s::
. -:: .0'.-:
,,:-:,01; .
-:-::.:l!<..
. . . .
J.1
:-lg.,
....:l!<.:.
-':'.'
".
t:
""C. ".
'C.:-
7. ".
~t.
c>
~
'"
.!l
2
m
0.
:~
e
m
"0
~
m
:E
~O>
.<= Ii;
~-g
"01:5
J!O
M .0
~ 5
_ 0
~()
~.9
~11
mE~
..Q,) Ch
-g~~
~ <{ 8
13 Q) ~
Ulm l::
w '" ~
5 -g m
~ m 3
S 5l l5
~~ ~
t5e:o
w ~ w
WD-:2
o
2"0
CG .9-
0<3
"0
m
o
0:
w
c>
m
Iii
"0
Ol
'E
,1l
~
'"
'"'
Q
~
Q
~
U
.c
e
o
E
w
;S
w
~
~
."
o
0.
W
"0
"0
W
."
"0
W
.<=
"
w
w
m
.<=
>-
w
~
i5
:!i'
Z-
U
"0
~
m
w
;S
e
w
w
'"
.c
B
'"
w
'iij
i5.
0.
<(
B
~
o
."
."
'"
o
15
w
~E
!5 w
z E
'"
Ii; W
.~ ~
m_
liC rn
0. '" W
ro :3 .~
;;.~ c.
':;E ~ fa-
,Q g .E
~ ~ <Ll B::
5l.s ~ a::
Cl Q).o ~
c: > ('OJ co
.g.~ ~ ~~
~jz Q,) a.Q,)
"OW E _c
~~ ~ ~~
o
2"0
CIS .Q
0<3
_0
0'"
~ 0
m .-
0'<=
o
_ 0
0'"
~ 0
m .-
0'<=
o
W
'"
~
.!!!
E
.i!
:E
c>
:s
s
~
.!!!
~
.Q
ro
c>
~
I
e
'"
E
~
.go
0;
'"
0:
N
m
is
I I
m m
D- D-
m m
c> c>
~ ~
'" m
.<= .<=
" "
'" '"
0.. D.. !:!2....-
....
'"!
~
'"
~
~
"C
~
Q
~
'"
:::
,;,
'"
~
e
~
m
'5'
'"
B
.~
Z-
u'C
m lB
.<= W
- 0
.., -
'" W
W .-
.S; (5
..,~
me
",0
>()
~'8
3f,g
sm
0.1:5
~g
~
g 8
~
~~
~&
o
Eo.
3 '"
~-g
_ 0.
~ E
8.a
..,'"
o a..- E
if: ~ ~ ~
1:) ril ~ ~
E -g G 5l
8 .!!!.g .g:
.s~ 2 2
Q) '5.~ en
:::Io-a.
.!:: <Ll 0
-g.:: Co
o5116-
~
'"
0.
E'
0.
15
'"
0;
W
B
l!1
.i!
.2
~
m
'"
~
.<:
W
'"
"
.~
'"
W
_0
0'"
~ 0
'" .-
0'<=
o
_ 0
0'"
~ 0
'" ,-
0'<=
o
e
'"
E
~
.go
0;
'"
0:
..,
m
o
0:
N
m
is
~
3
o
f-
..,
is
..
~
'"
D-
e
e
o
()
..,
o
o
u:
z-
~
~
o
()
'"
..,
'il
'"
>
ii"
..,
~
m
--'
W
~
c.
5
.~
"5
0.
-
o
~ ~
:a .S;
W l!1
o
2"
co .2
0<3
W
e
'"
E
W
W
'"
W
W
<(
2 ~
U5 g
~ ~
.~ ~
~ ~
3
.!!!
~
..,
l!1
'5
C'
l!1
"5
o
..,
~
m
.<=
~
.Q
ro
"
o
Ol
0:
-
o
'"
E
..,
~
o
c>
~
'"
i5
3
in
l!1
~
..,
'"
"
E'
0.
W
~
1'l
0;
()
~
Z
c>
c
'0
c>
C
o
o
2"
cu .2
0<3
W
E
,1l
..,
'"
ro
Ol
0:
>-
m
S
-
o
:E
c>
ii"
~
J..;.
o
~
o
Il::
0..
'II)
:::l
.0
:UJ
"~
:3
..,J
'UJ
o
II)
:e
~
q;
..,J
:$
o
~
II)
s
W
'"
~
C'
'"
0:
e
'"
E
w
~
~
.c
E
'w
0:
i-g
'm
W
'"
c>
m
~
"
m
D-
"0
iD
c>
~
Ij
....
'"'
~
Z
~
<(
~
'"
E
<(
o
LL
()
.<=
"
~
m
0:
.<=
c>
~
m
0.
':5
0:
'"'
Q
~
Q
"
"'
U
,,;
Ol
C.
E
o
"
l!1
m
W
'"
c>
m
~
"
m
0.
..,
:c
4:
s
W
'"
~
C'
'"
0:
e
'"
E
'"
~
~
.c
<:
'w
0:
c>
~
."
W
~
o
a:
,.
:l,
~
~
Z
~
~
'"
E
<(
o
LL
()
~
B
W
'"
2:
m
0:
'"'
Q
~
Q
"
"'
U
,,;
Ol
C.
E
o
"
l!1
m
W
w
c>
m
~
"
m
0.
"0
:c
4:
s
W
'"
~
C'
'"
0:
~
'"
E
'"
l'!
~
.c
E
'w
0:
c>
~
."
W
~
o
a:
,.
:l,
"'
~
Z
~
~
..
E
<(
o
LL
()
~
B
W
'"
2:
m
0:
~
Q
~
Q
~
U
,,;
Ol
C.
E
o
"
l!1
m
W
w
c>
m
~
"
m
0.
"0
:c
<:
s
W
'"
~
C'
'"
0:
~
w
E
w
l'!
~
.c
E
'w
0:
c>
~
."
W
~
o
a:
,.
:l,
~
Z
~
Ji!
~
'"
E
<(
o
LL
()
'f
~
~
()
~
Q
~
Q
"
"'
U
,,;
Ol
C.
E
o
"
l!1
m
W
'"
c>
m
~
"
m
0.
"0
:c
4:
s
W
'"
~
C'
'"
0:
e
'"
E
'"
l'!
~
.c
E
'w
0:
c>
~
."
W
~
o
a:
,.
o
'"
~
Z
~
~
'"
E
<(
o
LL
()
~
'"
l!1
()
-
"5
S
'"
Q
'"
Q
"
"'
U
,,;
Ol
C.
E
o
"
l!1
m
W
'"
c>
m
~
"
m
0.
"0
:c
4:
s
W
'"
~
C'
'"
0:
e
'"
E
'"
l'!
~
.c
E
'w
0:
c>
~
."
W
~
E'
D-
,.
o
~
Z
~
~
'"
E
<(
o
LL
()
J!1
'f
m
~
l!1
'"
'"
'"
Q
N
Q
"
"'
U
,,;
1:5
'"
"e-
D-
W
~
.Q
i;;
>
6
~g
0",
OlD-
>-
'" ~
"0 '"
o E
-.<=
0"
'" m
()E'
f- g
"W
.9 en
t5.!::
:::l=
~ m
fi):1:r--,:
5 <(:5
()OC\l
.E~fi)
..,o~
Q) () g>
E;-c<t:
ag .s
0. IT: -c
~~:o
'" ~ 0
"'~-
.cO"O
roO!!:!
~~-5
"i::.~ ~
g~~
~~ '0
.C Q)
~ €.e-
"5:1:0..
~&50
.EE~
-"'()
~~o::
is-g'E
Wo.o
0:: o.j::;
~
Z
c>
c
'0
c>
C
o
:;;
~
m
Q
.!!
:;
....
"0
~
m
0;
Ii;
"0
'"
LL
c>
,~ .m
W ~
~ Ul Q)
e"E Ul
0. '" 0
"OEo.
c: Q) :;
m l'! D-
o ~
0>.0 :s
.s E ::;E
(ij.(j) ~
~c; ~
c:-g 0
c> ~ m
eLL (j)
~.$ .C
(tl ttl :;
~W :2
III
"
.2
~
>
"OB
~ ~
- ~
:2.l!l
-w
(f)'(i5
~~
~o;
~ "
o 0
0--'
- 0
c>-
~"O
:5 ~
m ~
" ~
~~
~-g
~ m
.!l"O
w'"
.(i5 ~
~l!1
rn:g
g m
--' ~
~ $
ttl.a ~
:2 ~ '(i5
m m w
O..c~
E.!1 e
,gmo.
wE"O
"EE1ij
"'E ()o 3
'"
~ (ij.~
,,=~
-c.E rn
W .c ~
.:2: ::J 0
~w'"
",<("0
0::!!2~
~
Z
~
Z
:;;
~
m
Q
,!!
:;
....
m
"5
"
o
D-
'"
o
0:-
f-
(!!.
E
m~
~ 0
eE
D- ._
~.c
o m
~~
~o:
0_
o.~
w'"
~ ~
f- >
~&
~~
~o
"'0:
....
<"!
~
<>
~
(ijo
-0
~o
'" 0
EO
~N
oq
.= ("')
>'"
~ W
"'"0
'" ~
:52
"'0:
~o:
.s ((I
cO:
0_
"m
00
-f-
e .
m~
_ c>
:S.(i5
w '"
~"O
81?
~ -
60S
:5.3:
.~ -5,
c>~
~ 0
fJ5
.s :1:
"Eo
0=
8.E
w"O
.- ~
~ m
~ ~
.!!! w
m w
"''''
5 ~
~o.
~
Z
~
Z
~
Z
~
Z
:;;
~
m
Q
.!!
:;
....
:;;
~
m
Q
.9!
:;
....
~
o
~
~
:aQ)
mc>
'<="0
Q) 't::
0:'"
""Ol
-'"
~ ~
EW
~ .~
.!!!:2
0.
'" '
0:_
",0:
c>0:
:E((I
~o:
"'-
>-E
~~
.<=c>
c>0
:fa:
o
~
.;,
~
"-
on
o
....
o
~
....
o
"
a;
o
CJJ
0..
$:
..
........
.. :..
~~
~:o
em
S'ai
~~
\: ~
" 05
e-u
.~ ~
"'-
8'"
_-0
.e~
0'"
r~
0-
"'~
s<>
"OS
~3
10-0
.gf2
",'"
~~
3 "
",05
~~
,yal
!!~
1:'"
€E
e'S
,,&
<>
E":
.e8
u-'"
:;;~
~"
....4
..-
s~
~~
:-so.
{ij"tl
:i?9!.
_ 0
",ll.
5'"
"'5 $
<>~
'so
"s
8 .~
'5"
0"
~~ci
m~tl
:Q (1)0
o-tr:
~'"
(]).c.:$
:3 ~'~
-g~"O
-6s,e
\J)'sG
(tIO~
'Oo(l)
a;~
.~.~~
g.a.~
~ ~'a
~:g~
,s"'E
-o1Dw
$~~
%.m ~
E.~~
8~~
g,.so
s-o\-'
e'~~~
w cr 03=
<J) (l)-+-' to
"O'-c::>:-
croot::
2:::;;;;,e
$:=:50
ro 3 'a "0
<D ~ ~~
~~~'S
osoe:
~o"O~
\t") 'a$. 0
..6m~"'"
~~~@!
~Q)~l'O
..... E Q. d)
oc:'O~
1: e. c .
"." "'0
oc-oo
E (l) $0.
t04.~f.1
wo..t::...-
:sw.g'lf.t
c:Z (1)-
._ 0) Q) 0
~o>c:
~i..2a
~~~~
tn _ 0> Q)
al"g~,s
~.2: 9.~
~ ~m ~ ~
"."",~'3
O)? 0::: ~....,.
,~ '5 {I) u... C
-g~.sN'~
.i2~g(O~
(j') (I:1:;:::l"'","
('.l. Q ,- E.
%g:goo
UI (Q (Q"- <J)
..
..,...rri..:..
'. .,rf.J,.....
.\'i.........
.. ~..
. ....,
. ..,
...,::<i.t.,:...,
:' . :.ij,(.". .:
.. ..{; . '.
.....i~i\
k'....' ...~,.,
. ~...
. ..'
,,' ,.-
. ..'
..,. ...'
.. .:I.:i"'.
. ...',
.......
tu
Ul
~
II)
II)
'&
Cl
~
0.
~
o
~
>-:
~:E
:)~
00
~~
Ul.
1-(1)
~'O
~~
o ~\t~
0. ...~.~..
II)c{IS:
~.~~:
~ F\\<
5.......~..~...'.
IX: .~..lj:....
~ .''fJ,'~'.''''.
...",i...
~ ..:...~,<,.j....
_ ..........41'....
1= ....~%i
ca . ...7<1$.
o~~\
~l:
..'
..... .,.
lX.....'..
........:...
.........
..,;....
......t~
'-A:~.a.
/).:,~....~:~
. ',,' ,.:
oi1~t
..~:.Ij......:
.~.'~'l
i~~l
. ..."
<(
:z
<(
z
~
~
o
.!!
'S
4
t
13
'"
:g
'e
,..
E'"
e~
g>",
~tfJ
0-_
0"
o~
t5Q>-
tfJ.g'8
g's 13
$ (l){/)
:J,-o~
~.~x
(l)~~
1Q~t::
rJ]'S ~
m<l)tti
",.."
o::-go
rno..9
.'
.........
.................
"il2\
...:~.:.:..
)b"
....~,o...,
....~t<..
-0 U1 ~.c(
S 't- :z:; l.l-
". <u 1B"
~ ~ E~
,.. o:u ~ ~
0.'0-0 ....-
Q)C~ o~
0..[0 ~ {flU
c O')~ t7J 0
Q).S l/) 8-
.8~"g oin
(l) -:;; ~ 0. ~
iO~-a .6gs
~'OC5 ~'Cc
~$r-. co~
~5~ ~'~~
~e~ u.g:tl
o ~._ ~:%13
;Ji:~"" 0,
:o,a;- ~~-'
C:'-~ -gaB
6e3 tu~"2
e.~ E m 3 <u
w m,g ,~""&~
WE-o.~8~
zE~gt%.~
-g.,:::';i; o~ s:J ro-
ro-~gg l/).9-o
l/l 4l c;...-- 2. G:'~
E'O.e';ro~~
,g,,;~*:;;ol/)~
3~E~e9-!.o.
.9!~EQ)g:gm
:;:0 ro 0 E to Q)
~ u <)"dl -- '{;'.P
~ oS .'2..~ 3, ~
~:;;g'-g\1>o'c'
u- I\) ,- E"!' Q)
-t:: "0 t:n ceO)
o/S'E a'S 0 CJlll1
r.n D 0.'2 -s;.;{5
'5:~~tt&~~
<(
:z
<(
:z
1;;
"
g
..
'S
..,
G::
:a
~
t:-
..
"
u-
"
o
'"
'"
!2
~
E
5
'"
c
~
c
o
~
~
"
;::
-
-
.;,
<>
~
<(
:z
<(
:z
<(
:z
<(
:z
~
..
8
"
~
1;;
"
'"
o
~
..,
:g
.E
8
€
o
~z
co>
~,..
8~
,,0
2'"
,,$
uLS 11
c cfj ..
g~'2
~oo..
0" g
o.~",
~il8
~$~
r-13~
'''?\
~~ii\
,g
'"
alii
~~
15"
.S E
,,\5
8.'::1)
I ~.~
_wo
o ~
~ -=0-
C e c:
o"Co
08.'"
-g"O~
,goO
\J-.Q&
~u.. -0
~~ ~
0-"
o:u () ,9-
:Q~ta
"'..~
m"tE
H~
~
.2
:0
,.
'"
q
'"
<>
~
~
."
.%
to
~
,g
{!
..
l
0-
6
-0
$
%
10
8
g
~
%
'0
%
.~
'0
'"
'"
5
o
a
~
~
o
f!:
o .'B
"0 -0 -g
C a ~ ~,
''a~ t (38
~~ 8 ~~
~%. <g ~~
0..... 0 ,--e
~ ~ .~ S (G
'::'" o~
S ~ $ O')(ii
'R..~ ~ -e15
Iii" '" ~....
...... -0 0 :G.-ti
~ ~ ~ c>>tU
~"'C ~ m"e
==' Q,) 0 ~O-
0:1 .... co <3
od ~ cO)
o '"E ~
~$ :e ~~
~ 9l {/) 0. Q)
-'.... ~ Q) 1:
'2~ ~ :S:;
tQ(l) ~ :es
% "iii - "
.-J:. -g ~5
~~ .8 e'~
~5 '0 %.~
goo 0> ll:lU-!
~ ~ c: 11)_
g~ ~ -g'~
(.) _ 'B ~ r-
_to 0 ~92
~~ ~ bi~
'B- 2l.~~ ~Q:l
o?Uov-~
o.E'~ t?,~'B. $
~G: %.8 ~~o
$
'"
0.
~
'0
<>
~
..;
-1l
al
E
'"
~
"
-0
$
'"
-0
0.
" .
-0
W~
,,-0
<>0.
,.."
;;;-0
""
0'"
2-0
.", "
\5%
"."
.rB ~
<0'"
~.s
:g2.
'" 0
,,!!!
,9, ~
5.'!!
","
'(3 .g
8."
cfj:\!
<(
:z
<(
:z
~
:%
<(
:z
<(
:z
<(
z
~
~
o
~
~
..,
'iii
~
o
~
"
..,
'iii
~
o
..
~
..,
~
E
..
e
0.
s
1;3
~~
cfj-o
:::::'5
:\!U-
'" '"
,,~
~!
B
:.""
O-~
" '"
g'-'
" "
.r:::::
,,<>
" "
0-0-
'"
'"
u:
"<l
..
.e
0-
0-
o
'"
-
t
..,...-a
A."
O)!
~!!>
<(
:z
~
o
."
~
<(
:z
<(
:z
~
..
"
g
..
~
..,
i\\
u:
-
~
'"
<(
:z
'iii
~
o
~
4
~
8
:a
"
o
.'"
i!
o
0.
~
;::
'"
"
~'"
"'~
'0"
_u-
:go<(
~~
'"
..
'!,l
..
~
-0
C
if,
..
g
~
"
o
.~
~,!a
6~
_-0
" ~
" ..
to.,
g'"
..'"
-S9
(ii~
,s3
0-0
"'0;
~u:
'" .
~1
g~
d
..0.
.oE
'a-i-
!!~
% .~
';;~
"'0:
~tij
"0;
~~
.13'"
","
.~s
,~o li
e t: ~
Q..S(1)
.<E.!l)"O
~m'5
<(
:z
'a'
'0
!
o
i~
,,1
'iii'"
~5
%
,g
'"
"
o
~
"
~
&
~
'0
"
E
,g
..
.,
14
'6
~%
c .92..
$e
tfJo.
~
o
~
o
..
....
.."
,s~
'O.so
_-0"0
g2l5
g(i)C
._ jj; Vi
-gc.~
8~~
~c~
.;; ~ .
"'<>~
,j, ~ ij)
<((1)''-'
" e
,gtl:>o.
.3 ;~
"0>5
~2~
","'-
ea16
e.:e '0
%~~
etJ(ii
'C::s:ro
8"ll
"I..
~~.Q
'" ~
E ~'3
E" '"
0:5 'ffi
~--
",00.
~ ~~ g
'aoO?~
Q) (/) .2 .-
~~ .~
<il~~";1
.".-.(\) Vi
...0--
."2: 'aE 0
8l1).....~
~g~~
~.~.eQJ
(.) ~ o.-S
<(
:z
<(
z
j;;~
l~
'iiil!!
e"
<(5
\6
0:
%
E
'"
g
1:
..
~
Ui
5
1
o
.tf!. 2
" '"
0'"
~$
~~
;=€
....'"
.316
,,;;;
~~
$:5
~ 5 .
1:-o~
~ 8 .~
"",Ill
'" 0."
"",-
8.a€
....~(I$
::;;;;.~
':,'O..c
,g.c~
~a~
~,g $
..' "
II '" 0.
ch .g e
~3g
3","
~ ~~:S
"00
~<Dg
{ii-S"O
~g~
U)\1)t:
8:D {\)
~~ ~
c ~ 'iji
<(",<>
<(
%
to
"
'0
"I'
5
,..
,..
,..
,..
,..
,..
~
,g
'"
"
o
"'
~
o
o
<'
';;
"I
:II.
"<l
..
'&
~1&
~.~
" 0
n:.Q:
~-e
~5
g-(ll
<(
:z
'a'
'0
!
o
i
(Q
'"
$
5
c
o
.'"
~
a\
'"
'"
~
"
8
..
"
o
'i
,.
TO:
FROM:
DATE:
SUBJECT:
~
MEMORANDUM
Bill Hughes, Director of Public Works/City Eugineer
Iri~ Brad Buron, Maintenance Superintendent
September 12, 2007
Mouthly Activity Report - August, 2007
The following activities were performed by Public Works Department, Street Maintenance Division in-honse personnel
for the month of August, 2007:
I. SIGNS
II. TREES
A.
B.
e.
Total signs replaced
Total signs installed
Total signs repaired
107
4
104
A.
Total trees trimmed for sight distance and street sweeping concerns
92
III. ASPHALT REPAIRS
A.
B.
Total square feet of A. e. repairs
Total Tons
8.992
93
A.
IV. CATCH BASINS
89
Total catch basins cleaned
A.
V. RIGHT-OF-WAY WEED ABATEMENT
o
Total square footage for right-of-way abatement
VI. GRAFFITI REMOVAL
A.
B.
Total locations
8.927
45
Total S.P.
VII. STENCILING
A. 187 New and repainted legends
B. 13.681 L.F. of new and repainted red curb and striping
R:\MAINT AIN\MOACfRPT
Also, City Maintenance staff responded to ....2:L service order requests ranging from weed abatemeut, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to ~ service order requests
for the month of .Julv. 2007.
The Maintenance Crew has also put in 48 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 Am!Ust. 2007 was $18.280.00
compared to $18.620.00 for the month of .Julv.2007.
Account No. 5402
Account No. 5401
Account No. 999-5402
$ 18,280.00
$ -0-
$ -0-
cc: Dan York, Deputy Director of Public Works/City Engineer
Greg Butler, Deputy Director of Public Works
Ali Moghadam, Principal Engineer (Traffic)
Amer Attar, Principal Engineer (Capital Improvements)
Jerry Alegria, Senior Engineer (Land Development)
R:\MAlNTAIN\MOACfRPT
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of August, 2007
Date: 08/06/07
39273 SPRINGTIME
REMOVE AND REPLACE TYPE 301 CURB INLET
# 5402
I TOTAL COST
$ 5,385.00
Date: 08/.21/07
MARGARITA N/O WINCHESTER
REMOVE AND REPLACE RIVER ROCK IN MEDIAN
# 5402
TOTAL COST
$ 2,780.00
Date: 08/22/07
A VENIDA DE MISSIONES AT
VIA RIO TEMECULA
REPAIRS TO DAMAGED GUARD RAIL FENCE
# 5402
I TOTAL COST
$ 2,465.00
Date: 08/30/02
CITYWIDE
A.C. SAW CUTTING FOR CITY PATCH CREW
# 5402
I TOTAL COST
$ 2,650.00
Date:
#
I TOTAL COST
Date:
#
I TOTAL COST
Date:
#
I TOTAL COST
Date:
#
TOTAL COST ACCOUNT #5401
TOTAL COST ACCOUNT #5402
TOTAL COST ACCOUNT #99-5402
I TOTAL COST
-0-
$ 18,280.00
-0-
R:\MAINTAIN\MOACfRPT
~5
.~~
, ::>'"
t:!:o
~ :l ~
~ w. cA
~
'g "
1::: ",<'
,_ co is
~ll
"
~.g~
E-rj)o..
u.I
'<
o
,',,0'
.r.'
(t;
<
u.I'
,>-
.Ill
a
'0
\-"
J.I.,
..!
.4:.
.:x;:
'.~
~'1C"":
i;
,
"
'u.1
lQ
'/-='
iii
,()
\':ui
\0
\a
\ii
"'cO
~g
0<'1
()S
~~
O~
~u.1
u.I>-
~a
m%
....l>-
~
4:.
:e
ol!')~O
~ q
g
00
If\.
000
o
g
01.0"'-0
~ 0
ci
'.is
~
000
o
~
""
.W
lQ
~
"~
,0
i~
,/:;':,
"
'':A
'0
\S
o
"
'.u.1
lQ
::e
\UJ.
.l'-
'\fli'
'111'
0>'
00"'-0
o
~
""
~
~
6
~
otf)OO
~ Q
~~
""
.....
<!>
"'Q)
"lil'"
(l)u..$.
u-"''''
(l)....C(J)
,-,CQ~\-
g.~5~
(/) <I) <1)0
-- "'...
-roQ)('tj....
,e'Oc.....
g.B"@O
<Coo....
0""'0
o
ci
.....
en
~
0""'0
o
ci
.....
en
If\.
000
o
~
000
o
ci
<!>
"lil
~ :E
~"a1~
"",,,,
\-' u.. .~ (11
(J) ro--~
l- (1) 0')(1)
" " .~ 0
~ '.:J 1AO
(t. Q)'s ..J
'i.s ::g4
o .g- ~ b
()Ul(/l....
-<,O)OOO1.O0<O~
~ ~~~$~~N
cii ~
.....
gg
<<>.
u5g
~ o~
o
.....
<!>
00
$~
.0
ogg
..... .
o
.....
<!>
0<<>0
o
~
~
0.....0
o
t
111
"
o
U
<r. -0111
,,~~~
~20
o.g 28
0;::&'"
uJ<n<n4.
'6!~~b
....I-I-\-"
$
c6
...
"".
.....
~
\&
~
F
0,
::>
~
"'
~
o
~
:;:
'Z
~
Ii
.q-cnOOOtf)Oc.{)~
~ ~~~{b~~N
Cl'5 r-=
.....
go
(Oq
Lrig
~ o~
o
.....
<!>
00
o
~
\ii
w
u-
o
(/l
<.')
;Z:
-111
~,....
o::~
\);0
$a
.\-"
~o
0::....
~
"
o
u.I
()
~
%
u.I
'i
<(
:e
>-
'G
$
~
"".
.....
~
r-"''''~O\:O~;?,'N
~ (J) ...- ' 0)_
'"
'"
,....
.,;
\:0
~
l'"-1.O~t-O(J)M~~
LO m~\::~~ ~
cti <<>
~
ci
,....
.....
~
'"
t:~ 11)-
'0 ~(l) (j)U-
Q) ~OHI)lD-a
c .!B5"$-:1(/)
~ ~-oog,
"0 '6-od:$.~a::-ro (/)
~'O_<pII)~"O",}~()05g (I)
",_"",,,,'&"''0-' ';;
~~'~.~$&%o& 0
o::S:CllI-";<6:I:~"" a
I/) 1J),e (ft:;:;:> .- ~
5>5>1% 'So, t~ ~ e '0
(i5(i5o;::o::;Z:<C(/l<.') ....
.... I 0 0 0 '" 0 0 .... 0 0 ~ 0 .., 0 .... 0 ..,
0
0 "'": 0 0 .., 0 0 ... 0 ~ .., 0 ~ 0 0 0 "l
'" ~ ci ci 00 00 ci ,.; ci '" 00 ..; ci ci 00 ..; ~
N '" U> U> '" '" '" '" 0 ~ ... 0 '" U> .., '" '" >-'
~ "' c: '" "": ~ ~ 0 '" '" 0 '" ~ '" '" .., "-
Ii; Q) e of '" ~ of of of of ",' .,; ~ ... U> .: w
.c: 0 0 '" .., ~ ~ U> ... .., ~ '" .... "'
.0 '" ::> '" .., U> U> U> U> U> U> U> U> .... ei
E ::> m U> U> U>
Q) :r: "0 ::l
C. ~~ <(
Q) '"'C':>.':''''''''' I ~
"' ;",.:..,':,.,........ ::l
-0 Ii '" 0 0 0 0 ... 0 ~ 0 0 '" .... '" .... ::>
J!l >-", '" 0 0 0 0 0 0 '" 0 .., '" '" '" f-
'" ci ci ci ci 0; ci 00 ... ci ci '" '" ci "-
'E mm '"
"0 ~ '" U> '" 0 '" '" '" '" '" ... ~ 0 .., <.)
.0 J!l "0 '" CO ~ '" ~ ... '" '" '" '" '" '" .... (!j
::> ~ as as .,; as .... U> U> ... of .,; of U> N
en 'E '" '" ~ U> U> U> U> U> U> U> '" ;;
2 "- U> U> ~
.c Q) U> Z
'" ::> ct ~
Cl en
',:;:i~i,;.,:':",.-::;,Hi?:'. z
<(
, ""2i'N ;;
~C;;i~ii, 0:
I ~I
:'.;"'..".",.,';";',"'C,'
;'i",""';",'"':',,':,,
,.._.".--.._"-,~_.
... 0 0 0 0 0 '" 0 ... ... 0 0 ....
0:: '" 0 0 0 0 0 '" 0 "": 0 0 '" '"
.... .,; ci ci ci cD ci ..; ci ,.; ci 0; cD
0 0 ~
lL 9 .... U> U> U> '" '" ~ 0 0 '" '" 0 '" "',
0; "": .., .... '" ~ '" '" ... ~ '"
.... ei '" ~ .,; N U> U> ",- of N ~ ei
Ul ::;) ... U> U> U> U> U> U> U> '"
0 ...: U>
(,)
'" .., 0 0 0 .... .... ... .... '" ~ .., ... '" 0
Cl '" '" '" 0 '" '" '" '" ...
Ul w '" ~ ~ '"
.... .... as as
ll: ll: 9
It: .... 0:: w
...J ei
~ It: '" ~ 0..
0 W 0 :;; ::;)
c.. (,) 0 0 ...:
(,) w z '"
::; 0:: ...: . (,)
m ~ z ....
w 0 '" 0 0 0 0 '" 0 0 '" 0 '" 0 '" '"
::;) 0
c.. :;: .... '" 0:: '" 0 0 0 0 '" 0 '" .... 0 "'": ~ '" '"
Z 0 .... cD ci ci ... ci ..; ci cD ,.; ci cD '" ci
It: 9 ~
lL ;::: <( lL 0 '" U> '" '" ... '" '" 0 U> .., '" 0 '" I
0 ...: ~ '" '" '" '" .... '" ~ .., ... '" '" ....
(,) :;; W .... N ",' ri N ~ U> U> N U> .: U> of
.... ...: >- Ul ::;) .., ~ U> U> U> U> U> '"
Z ~ I- 0 -, U> U> U>
W W ...J (,)
:;; :r: w ...:
It: (,)
~ I- .... Ul ... .., lL ~ 0 '" .... '" ~ ~ 0 .... '" '" 0
Z Ul u: C ... '" ...J ~ '" '" .... '" ~ '" 0 ....
...: 0 w '" ... .., '" ....
.... ei '" ",' ri
c.. :;; ~ .... 9 ....
w 0:: w ~ ~
C ...J ~
I 0 0..
3: :;; ::;)
0 -,
0
"
i1i ;,; i1i ;,; Iii " Iii " i1i ;,; ;,;
'" c '" 'tl 0 0 '" c a;
.. 0 -5 ~ ." .c ." .c .fl '(ii
- .... ~ Q) .. S .. c
0 0:: - ...J ...J 0 .. c
0 0 .. .. 0 m ..
lL ~ lL 0 :;; :;; lL .c:
i!! i!! 0 i!! c 0
W 0.. cij W
.. .. ..
~ ::> 0:: ::> C ::> Z cij
0:: e- o:: e- Z e- ...: C
0 Ul W Ul Ul W .... ~ ;.;
W ...J W Ul
3: .... Cl 0 :;; w Z
.... ;.; ::;) W
lL ::;) W Ul :;; ::;) 0 :;;
0 Cl W ...J a
w ...J ii1 w ...J W
W ., lL Cl W .... 0:: ...J i
0.. Z C C z ...:
0 m 0:: ;::: w w Z Ul 0:: 0
0 0:: ...: z 0 ...J ...: w w ...:
::;) w ~ ...: ...J :r: w c &!
Ul ~ 0 Z ...J i5 0 0:: 0:: C
ll: ::; 0.. .... 0 ::;) w
w w Ul w w 0 w
.... ...J Cl ;::: Cl 3:
...J ~ Z Ul 0:: 1!: Ul w :r: ~
...: ::;) ii: ...: ::;) 0
a:: Ul Ul z :> 0:: s:
:r: 0 lL 0 W ...:
0.. w ii1 :r: z z ...: <;: :r: 0:: .... e ....
Ul C .... ~ Cl Cl 0:: 0:: ~ W lL 0
...: iii Ul iii iii Cl c Ul ...: lli ....
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF AUGUST, 2007
08/01/07 MARGARITA R&R A.C. 170 8
08/02/07 RANCHO WAY I A.C. OVERLAY 700 17
08/06107 I PECHANGA / LOS RANCHITOS I A.C. OVERLAY I 951 4.5
08107107 I PECHANGA I A.C. OVERLAY I 1,044 4
08/08/07 I VALLEJO AT LA PAZ I R&R A.C. I 899 12
08109/07 I VALLEJO AT LA PAZ I R&R A.c. I 900 I 7
08/13/07 I LA PAZ / VALLE VERDE I A.C.OVERLA Y I 745 I 6
08/14/07 I MARGARITA S/O WINCHESTER I R&R A.C. I 422 I 10
08/15/07 I MARGARITA S/O WINCHESTER / CABRILLO I A.c. OVERLAY I 1,024 I 7.5
08/16/07 I LOS RANCHITOS I A.C. OVERLAY I 1,177 I 5.5
08/29107 I LA SERENA AT TEMEKU HILLS I R&R A.C. I 205 I 7
08/30/07 I VALLE VERDE / MUIRFIELD I A.C. OVERLAY I 755 I 4.5
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
TOTAL S.F. OF REPAIRS 8..992
TOTAL TONS 93
R:\MAINTAINIWKCMPLTD\ASPHALT.RPR
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF AUGUST, 2007
08/01/07 AREA #4 CLEANED & CHECKED 7 CATCH BASINS I
I 08/06/07 CITYWIDE CLEANED & CHECKED II CATCH BASINS
I 0807/07 I OVERLAND CLEANED & CHECKED 2 CATCH BASINS
I 08/13/07 I CITYWIDE CLEANED & CHECKED 9 CATCH BASINS
I 08/20/07 I CITYWIDE CLEANED & CHECKED 8 CATCH BASINS
I 08/21/07 I MEADOWVIEW AREA CLEANED & CHECKED 26 CATCH BASINS
I 08/27/07 CITYWIDE I CLEANED & CHECKED 23 CATCH BASINS
I 08/30/07 JEFFERSON I CLEANED & CHECKED 3 CATCH BASINS
I I
I I I
I I I
I , I
I I I
i I I
I I I
I I I
" I I
'I I I
r
'[ I I
I
I I
I
" I
I
;1
I
I
TOTAL CATCH BASINS CLEANED & CHECKED 89
R:\MAlNTAlN\WK.CMPLETD\CATCHBAS\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAI'I'Ul REMOVAL
MONTH OF AUGUST, 2007
08/01/07 MIRA LOMA REMOVED 7 S.F. OF GRAFFITI
08/02/07 WINCHESTER / MARGARITA REMOVED 60 S.P. OF GRAFFITI
08/03/07 41950 MAIN STREET REMOVED 70 S.P. OF GRAFFITI
08/06/07 A VENIDA DE MISSIONES REMOVED 50 S.P. OF GRAFFITI
08/06/07 LOMA LINDA AT PECHANGA REMOVED 29 S.F. OF GRAFFITI
08/06/07 HWY 79 SO. AT APPLEBEE'S REMOVED 15 S.P. OF GRAFFITI
08/06/07 TOWER PLAZA REMOVED 24 S.F. OF GRAFFITI
08/06/07 MICHAELS BEHIND BillLDING REMOVED 62 S.P. OF GRAFFITI
08/06/07 WINCHESTER BRIDGE CHANNEL REMOVED 93 S.P. OF GRAFFITI
08/06/07 42420 WINCHESTER REMOVED 134 S.P. OF GRAFFITI
08/07/07 41493 MARGARITA ROAD REMOVED 6 S.F. OF GRAFFITI
08/07/07 MARGARITA AT OVERLAND REMOVED 4 S.F. OF GRAFFITI
08/07/07 SOLANA AT MARGARITA REMOVED 37 S.F. OF GRAFFITI
08/07/07 VIA GILBERTO AT PECHANGA REMOVED 14 S.P. OF GRAFFITI
08/08/07 LOMA LINDA AT PECHANGA REMOVED 56 S.P. OF GRAFFITI
08/09/07 WOLF CREEK . REMOVED 12 S.F. OF GRAFFITI
08/1 0/07 MARGARITA NORTH & SOUTH OF WINCHESTER REMOVED 24 S.F. OF GRAFFITI
08/13107 27531 YNEZ REMOVED 35 S.F. OF GRAFFITI
08113/07 SIB 1-15 OFF RAMP AT WINCHESTER REMOVED 55 S.P. OF GRAFFITI
08/13/07 OVERLAND BRIDGE REMOVED 47 S.P. OF GRAFFITI
~ 08/13/07 PECHANGA AT MUIRFlELD REMOVED 82 S.P. OF GRAFFITI
08/13/07 V AIL RANCH PARKWAY REMOVED 14 S.P. OF GRAFFITI
l 08/14/07 REDHA WK AREA REMOVED 18 S.P. OF GRAFFITI
R:\MAINTAIN\WKCMPLTD\GRAFFITI\
08/15/07 MIRA LOMA I REMOVED I 127 S.P. OF GRAFFITI
I 08/15/07 I CHURCHILL PLAZA I REMOVED 18 S.P. OF GRAFFITI I
I 08/15/07/ BUTTERFIELDSTAGECREEK/!,~('HA.NGACREEK I REMOVED 6,731 S.F. OF GRAFFITI
II 08/16/07 I PECHANGA CHANNEL I REMOVED I 48 S.P. OF GRAFFITI
I 08/16/07 I ROMANCE PLACE I REMOVED 230 S.P. OF GRAFFITI I
108/17/07/0LDTOWNFRONTAT41'HSTREET I REMOVED 9 S.F. OF GRAFFITI
I 08/20/07 / I-IS FWY SIB FROM WINCHESTER I REMOVED I 70 S.P. OF GRAFFITI
I 08/20/07 I WINCHESTER AT SANTA GERTRUDIS CREEK I REMOVED I 200 S.F. OF GRAFFITI I
II 08/20/07 I WOLF CREEK AT REDWOOD I REMOVED 10 S.P. OF GRAFFITI
I 08/20/07 / BUTTERFIELD STAGE BRIDGE I REMOVED 40 S.P. OF GRAFFITI
I 08/20/7 I RANCHO VISTA AT EL GRECO I REMOVED I 19 S.P. OF GRAFFITI
I 08/20/07 I RANCHO CALIFORNIA ROAD AT CALLE T AJO I REMOVED I 80 S.P. OF GRAFFITI "
i1 08/20/07/ PECHANGAATWOLFVALLEY I REMOVED I 46 S.P. OF GRAFFITI I
I 08/21/07 / REDWOOD AT LOMA LINDA I REMOVED I 8 S.F. OF GRAFFITI
I 08/22/07 I EMPIRE CREEK I REMOVED I 110 S.P. OF GRAFFITI
I 08/23/07 I RAINBOW CREEK I REMOVED 16 S.P. OF GRAFFITI I
II 08/27/07 I MAIN STREET BRIDGE I REMOVED 6 S.P. OF GRAFFITI I
I 08/27/07 / CALLE PII~A COLADA AT VIA NORTE I REMOVED I 8 I
S.P. OF GRAFFITI ,
I 08/28/07 I P ALA PARK I REMOVED I I
24 S.F. OF GRAFFITI I
I 08/28/07 I MIRA LOMA CHANNEL I ["
REMOVED 110 S.P. OF GRAFFITI I
,108/29/07/ MEADOWSPARKWAYN/OLEENAWAY I REMOVED 48 S.P. OF GRAFFITI
I 08/30/07 I WINCHESTER AT ENTERPRISE CIRCLE I REMOVED I 21 S.F. OF GRAFFITI
I I I I
I I I
I I I
TOTAL S.P. GRAFFITI REMOVED 8.927
TOTAL LOCATIONS 45
R;\MAINTAIN\WKCMPLTD\GRAFFlTI\
00.
;
O~
<~~
~UO
~~~
us~
~~~
~~~
~~~
~o~
~~~
oz~
~ ~ r~
~~'-'
u~t'---
~o
<~
~
~
~
!
00000000000000000000000000
00000000000000000000000000
00000000000000000000000000
~~~~M~~~~M~~~~M~~~~M~~~~M~
~~~~~~MMMMMNNNNN~~~~~
1'---
..
0:
~
QJ. "~. ,---
,;I:l......~
-joool,='.'"
.. ~ '"
,sC'E
.!!a ~",q;,
=......
..-.".,., Cot
o q;,
... 00
-tnV'lOt---\O
li')\O('1')r--.\Olrl
.... Il....
?f)'.m."'" JS..o ll)
~a..c; ~E]E'S
g] ~'iJ ~g >.5'o!B!.' 8
0; """ 0."" ,,;:; " " " 0 (l)
.....~""<""..........<"-'OZCl
..,. ..,. 0 '" N '" - t'"
00 """" \0. '" ..,. N b N
~~ 0 tf) '" ~ '" \0 r<l '"
b"' 00" ..,.^ - or:r t4" 00 00
-
~S .... J
0'0 .... t
~ '" (l)
I "-'r.. ~ 1 .... 'S 'S
1 } '"
" E 13 ~ '" ~ fr ~ !.' '"
~ ~ !3 u
~ 0 '"
po, ::8 ::8 )-. lZl 0 Z "
L
"
iLl
c
~
i
~
~
I
~
~
;
"
~
z
I-
()
o
I-
D.
III
UJ
Cl
~
~
::::l
...,
III
Z
::::l
...,
l-
LL.
a
tI)
+
~
::;;
..J
iii:
%:
II::
<(
::;;
III
III
LL
z
<(
...,
....
c '"
,~ =
..... 0:
a-U
00
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF AUGUST, 2007
08/01/07 32325 rAT T P, RESACA TREE LIMB DOWN 08/01107
08102/07 1 CUPENO A.C. WORK 08/02/07
08/02/07 I MEADOWS PARKWAY 1 A.C. REPAIR 08/02/07
08/03/07 I NO. GENERAL KEARNY 1 DEBRIS PICK-UP 08/03/07
08/06/07 1 31045 RUIDOSA STREET I STANDING WATER 08/06107
08/06/07 32965 ROSSMAN CIRCLE 1 TREE TRIMMING 08/06/07
08/08/07 NICOLE LANE 1 SIGN DOWN 08/08/07
08/08/07 130901 MEADE RIVER COURT / ROOT PRUNING 08/08/07
08/08/07 I BACCARAT ROAD 1 SLURRY 08/1 0/07
08/09/07 I VIA RIO TEMECULA 1 DAMAGED BARRIER 08/09/07
08/09/07 1 MORAGA / DEBRIS PICK-UP 08/09/07
08/09/07 I WOLF CREEK 1 TREE DOWN 08/09/07
08/10/07 /41614EAGLEPOINTWAY 1 DEAD TREE 08/10/07
08/1 0/07 41097 VINTAGE CIRCLE / STUMP GRINDING 08/1 0/07
08/10107 42670 HUSSAR COURT WATER LEAK 08/10/07
08/1 0/07 / DATEATYNEZ DEBRIS 08/10/07
08/13/07 1 MORAGA I DEBRIS 08/13/07
08/13/07 I 32361 CALLE RESACA TREE CONCERN 08/13/07
08/13/07 / 43056 CAMINO CASILLAS A.C. REPAIR 08/13/07
08/13107 131011 CORTEANACAPA TREE REMOVALS 08/13/07
08/14/07 I 45023 PUTTING GREEN COURT TREE REMOVALS 08/14/07
08/14/07 1 VAILRANCHAREA I SWEEPING CONCERN 08/14/07
08/14/07 I MARGARITA AT RAMSEY COURT DEBRIS 08/14/07
08/14/07 /41766COLONIALCOURT A.C. REPAIRS 08/14/07
08/16107 129794 MAXIMILIAN A ~~~_E_~___ I CELL IN DRAIN 08/16/07
..--.--------
R\MAINTAIN\WRKCOMPLTD\SORS\
08/16/07 MARGARITA I TREE LIMB 08/16/07
08/16/07 I MORAGA I DEBRIS I 08/16/07
08/16/07 I RANCHO CALIFORNIA ROAD W/O DIAZ I POTHOLES I 08/16/07
08/16/07 I 30421 RED RIVER CIRCLE I ROOT PRUNE I 08/16/07
08/17/07 I CAMINITO CIRCLE I STORM DRAIN CLEANING I 08/17/07
08/17/07 I 30688 E. LOMA LINDA I ROOT PRUNE I 08/17/07
08/17/07 I 31109VIAGILBERTO I TREE TRIMMING I 08/17/07
08/20/07 I KAHWEA I DEBRIS I 08/20/07
08/20/07 I 45342 ESMERADO COURT I TREE TRIM I 08/20/07
08/20/07 I PWTE I SIGN DOWN I 08/20/07
08/20/07 I HIAWATHA I SIGN DOWN I 08/20/07
08/20/07 I REDHAWKPARKWAY I STREET F AlLURE I 08/20/07
08/20/07 I HWY 79 SO. AT BUTTERFIELD STAGE ROAD I DEBRIS I 08/20/07
08/20/07 I CALA TORRENTE I REPAINT RED CURB I 08/20/07
08/21/07 /42106VANDAMERECOURT I TREE TRIM I 08/21/07
08/22/07 I MORAGA I DEBRIS I 08/22/07
08/22/07 I 30285 CABRILLO I STORM DRAIN CLEANING 1 08/22/07
08/24/07 I 30262 LONG V ALLEY DRIVE I DEBRIS I 08/24/07
08/24/07 I RIDGEPARKDRIVE I IRRIGATIONREPAlR / 08/24/07
08/27/07 /31557 CHAMPIONS CIRCLE I OIL SPILL I 08/27/07
08/27/07 1 32554 CORTE SALINAS I HANGING TENNIS SHOES I 08/27/07
08/27/07 I 42108 AGENA STREET I DEAD TREE I 08/27/07
08/28/07 131461 CULBERTSON LANE I DEAD TREE I 08/28/07
08/28/07 I EAGLE POINT WAY I DEAD TREES I 08/28/07
08/29/07 I TEMEKU DRIVE I DEBRIS I 08/29/07
08/29/07 I MORAGA I DEBRIS I 08/29/07
08/30/07 / CALLE PrNA COLADA I FENCE REMOVAL I 08/30/07
08/31/07 I YNEZ I DEBRIS 1 08/31/07
08/31/07 I DORAL COURT I OIL STAIN I 08/31/07
TOTAL SERVICE ORDER REQUESTS ~
R:\MAINTAIN\WRKCOMPLTD\SORS\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF AUGUST, 2007
I 08101107 CITYWIDE REPLACED 11 SIGNS; REPAIRED 6
I 08103107 ClTYWIDE I REPAIRED 8 SIGNS
I 08106107 V AIL AT SILKY REPLACED WI-7
I 08107107 ClTYWIDE REPLACED 2; REPAIRED 4
I 08108/07 ClTYWIDE REPLACED 6; REPAIRED 7
I 08/09/07 ClTYWIDE REPLACED 2; REPAIRED 12
08/1 0/07 PAUBA/MARGARITA REPLACED 3; REPAIRED 5
08/15/07 RANCHO CALIFORNIA ROAD EIB AT JEFFERSON REPLACED 2R18-2
08/15/07 SOLANA W/O YNEZ REPLACED 2R26
08/16107 CITYWIDE
I 08/20/07 ClTYWIDE
I! 08/21/07 JOHNSTON AT CORTE SANCHEZ
I 08/22/07 HURON AT PillTE
08122/07 JOHNSTON AT CAMINO PIEDRA ROJO
08/22/07 ClTYWIDE
I
" 08/23/07 ClTYWIDE
I
I 08/24/07 ClTYWIDE
I
I 08/27/07 CITYWIDE
I 08/28/07 CITYWIDE
I 08129107 HWY 79 SO.
I 08/30/07 CITYWIDE
L
I
I
1,
II
REPLACED 6; REPAIRED 13
REPLACED 3; REPAIRED 5
INSTALLED Rl-l
INSTALLED W-14-2
INSTALLED 2 R2-25
REPLACED 6; REPAIRED 5
REPLACED 131; REPAIRED 11
REPLACED 4; REPAIRED 2
REPLACED 4; REPAIRED 8 I
REPLACED 5; REPAIRED 7 I
I
REPLACED 11; REPAIRED 4
I
REPLACED 8; REPAIRED 13
TOTAL SIGNS REPLACED --.lQZ I
TOTAL SIGNS INSTALLED --...i -_J
TOTAL SIGNS REPAIRED ~
R:\MAINTAIN\WKCMPLTD\SIGNS\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF AUGUST, 2007
I 08101/07 RIO NEDO REPAINTED
I 08102107 AREA #S REPAINTED
I 08106107 VAIL RANCH PARKWAY REPAINTED
II 08107107 V AIL RANCH P ARKW A Y REPAINTED
I 08108107 VAIL RANCH PARKWAY REPAINTED
I 08109107 WELTON REPAINTED
I REPAINTED
I' 08110107 VIA LA COLORADA
I 08110/07 DlAZ I RANCHO WAY REPAINTED
! 08113107 MARGARITA I LA SERENA REPAINTED
r
I 08113/07 MARGARITA / LA SERENA REPAINTED
I 08113107 MARGARITA / LA SERENA REPAINTED
I 08114/07 MARGARITA / LA SERENA REPAINTED
I 08/14107 SCHOOLS REPAINTED
[I 08115107 MARGARITA AT A VENIDA BARCA REPAINTED
I 08/16/07 SCHOOLS REPAINTED
II 08/20/07 HWY 79 SO. REPAINTED
I
I 08/21/07 AREA #5 REPAINTED
I 08122107 PALOMA DEL SOL REPAINTED
I 08/24/07 AREA #3 REPAINTED
I 08/27/07 PALOMA DEL SOL . REPAINTED I
I 08128/07 AREAS #2 & #3 REPAINTED
I 08/29/07 AREAS #1 & #2 REPAINTED
08/30107 AREA #2 I REPAINTED
I
10 LEGENDS
3 LEGENDS I
4S LEGENDS 'I
33 LEGENDS: I
31 LEGENDS I
20 LEGENDS I
12 LEGENDS
60 L.F. RED CURB I
154 L.F. YELLOW CURB
S60 L.F. WHITE CURB
22 LEGENDS
1
11LEGENDSI
719 L.F. YELLOW CURB I
895 L.F. YELLOW CURB I
1,613 L.F. YELLOW CURB II
1,091 L.F. YELLOW CURB I
1,184 L.F. YELLOW CURB 1
1,020 L.F. YELLOW CURB 'I
,
437 L.F. RED CURB I
1,768 L.F. RED CURB I
1,141 L.F. RED CURB ~I
1,646 L.F. RED CURB I
1,393 L.F. RED CURB I
1
J
TOTAL NEW & REPAINTED LEGENDS
NEW & REP AlNTED RED CURB & STRIPING L.F.
187
13.681
II
R:\MAINTAIN\WRKCOMPLTDISTRIPING
I 08101107
I 08108/07
I 08/08/07
I 08/14/07
I 08/20/07
I 08/22107
I 08/23107
I
I 08/29/07
I 08/30/07
I
I
I
I
I
,
I
I
I
I
I
I
I
,
I
I
I
L
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF AUGUST, 2007
MEADOWS PARKWAY AT RANCHO VISTA
TRlMMED 6 R.O.W. TREES
TRIMMED 5 R.O.W. TREES
TRIMMED 4 R.O.W. TREES
I TRIMMED 23 R.O.W. TREES
TRIMMED 8 R.O.W. TREES
TRIMMED 19 R.O.W. TREES
TRIMMED 10 R.O.W. TREES
I TRIMMED 9 R.O.W. TREES I
TRIMMED 8 R.O.W. TREES I
i
I
I
I
I
I
II
MARGARITA
RAINBOW CANYON ROAD
VALLEJO CHANNEL
CITYWIDE
CITYWIDE
CITYWIDE
CITYWIDE
CITYWIDE
JI
I
TOTAL R.O.W. TREES TRIMMED ~
R'.\MAINTAIN\WRKCOMPLTO\TREES\
Ii
-
I.
ITEM NO. 22
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
IJIL
(JQ.,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Jerry Williams, Chief of Police
DATE:
September 25, 2007
SUBJECT:
Police Department Monthly Report
The following report reflects the activity of the Temecula Police Department for the month of August
2007.
PA TROL SERVICES
Overall calls for police service ................................................................................................. 7,834
"Priority One" calls for service ....................................................................................................... 45
Average response time for "Priority One" calls.............................................................4.10 Minutes
VOLUNTEERS
Volunteer administration hours ................................................................................................... 449
Community Action Patrol (CAP) hours .......................................................................................464
Reserve officer hours (patrol) ....................................................................................................... 30
Total Volunteer hours................................................................................................................ 1311
CRIME PREVENTION/GRAFFITI
Crime prevention workshops conducted ........................................................................................ 4
Residential/business security surveys conducted ................................................................... 01-09
Businesses visited........................................................................................................................ 17
Businesses visited for past crime follow.up.................................................................................. 11
Crime prevention articles ................................................................................................................1
Total square footage of graffiti removed................................................................................... 8927
Number of Graffiti Locations.......................................................................................45
OLD TOWN STOREFRONT
Total customers served............................................................................................................... 293
Sets of fingerprints taken .............................................................................................................. 46
Police reports filed........................................................................................................................ 27
Citations signed off ....................................................................................................................... 21
Total receipts.......................................................................................................................... $5,118
POP TEAMS
On sight felony arrests .................................................................................................................. 12
On sight misdemeanor arrests...................................................................................................... 11
Felony arrest warrants served ........................................................................................................4
Follow-up investigations................................................................................................................ 24
Presentations............................................................................................................ .0
GANG TEAM
On sight felony arrests ....................................................................................................................6
On sight misdemeanor arrests........................................................................................................2
Felony arrest warrants served ........................................................................................................3
Follow-up investigations................................................................................................................ 16
Field I nvestigations Conducted..................................................................................................... 12
Presentations............................................................................................................ .0
SPECIAL ENFORCEMENT TEAM (SET TEAM)
On sight felony arrests .................................................................................................................. 10
On sight misdemeanor arrests...................................................................................................... 10
Felony arrest warrants served ........................................................................................................1
Misdemeanor arrest warrants served ............................................................................................. 3
Follow-up investigations............................................................................................................... 21
Drugs Seized: 4.3 grams - Methamphetamine -1 pound Marijuana - 1 pound Cocaine -
430 Marijuana plants
TRAFFIC
Citations issued for hazardous violations ................................................................................... 863
D.U.I. checkpoints conducted......................................................................................................... 1
Non-hazardous citations............................................................................................................. 259
Stop Light Abuse Program (SLA.P.) citations........................................................................... 291
Neighborhood Enforcement Team (N.E.T.) citations ..................................................................... 0
Parking citations.. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ..... 1
Injury collisions................................................................................................................................ 2
Presentations............................................................................................................ .0
INVESTIGA TIONS
Beginning Case load .................................................................................................................... 263
Total Cases Assigned during August ........................................................................................... 41
Total Cases Closed during August................................................................................. .62
Number of community seminars conducted ................................................................................... 0
Presentations............................................................................................................ .0
PROMENADE MALL TEAM
Calls for service........................................................................................................................... 224
Felony arrest/filings......................................................................................................................... 8
Misdemeanor arrest/filings............................................................................................................ 23
Vehicle burglaries........................................................................................................................... 1
Vehicle thefts. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... ..... 0
Prevention/Suppression Programs................................................................................................. 0
Vehicle Crime Deterrence
Zero Tolerance
Terrorism Early Warning Group Conference
Theft Decoy
T3 PEM Training
SCHOOL RESOURCE OFFICERS
Felony arrests................................................................................................................................. 2
Misdemeanor arrests ...................................................................................................................... 5
Citations..................................................................................................................... ..................... 8
Youth counseled........................................................................................................................... 67
Presentations........................................................................................................... .8
Drug Alcohol Awareness Grades 9-11
Internet Safety
Gangs
Officer Safety
Laws on Campus
YOUTH ACCOUNTABILITY TEAM
Orientations delivered to new program members .......................................................................... 5
School visits.................................................................................................................................. 10
Home visits........................................................................................................................ ............ 32
Presentations............................................................................................................ .2
Truancy Sweep............................................................................................................O