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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
OCTOBER 7, 1997- 7:00 PM
5:30 PM - Closed Session of the City Council pursuant to Government Code Sections:
1. §54956.9(a), Pending Litigation, 0t~td(~gr Me¢lio Grotli~ v. City of Temecula.
2. §54956.9(a}, Pending Litigation, Zonos v. City of Temecula.
3. §54956.9(b), Potential Litigation, three matters.
At approximately 9:45 PM, the City Council will determine which of the remaining
agenda items can be considered and acted upon prior to 10:00 PM and may
continue all other items on which additional time is required until a future meeting.
All meetings are scheduled to end at 10:00 PM.
CALL TO ORDER:
Prelude Music:
Invocation:
Flag Salute:
ROLL CALL:
PRESENTATIONS/
PROCLAMATIONS
Next in Order:
Ordinance: No. 97-19
Resolution: No. 97-104
Mayor Patricia H. Birdsall presiding
Jordan Bellino
Reverend James Egea, Church of Religious Science of Temecula
Valley
Councilmember Stone
Ford, Lindemans, Roberts, Stone, Birdsall
"Ruth Chesher Day" - Proclamation
"Red Ribbon Week" - Proclamation
"Ride Share Week" - Proclamation
"Temecula Valley Bicentennial Anniversary" -
"Savy Awards" - Presentation
Proclamation
R:~Agenda\082697 I
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public can address the Council on
items that appear within the Consent Calendar or ones that are not listed on the age. nda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an
item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk before the Council gets to that item. There is a five
(5) minute time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTIC!= 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 Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of September 23, 1997.
R:~,genda~082697 2
3
4
5
Resolution Approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
City Treasurer's Repo[t as of August 31, 1997
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of August 31, 1997.
Conveyance of Real Property and Easement to Eastern Municipal Water District,
Acceptance of Right of Fntry from Margarita Canyon LLC and Grant of License to
Electrend, Inc. in Connection with the Realignment of Streets Near the Intersection of Front
Street and Hiahway 79 South for the I-15/Highway 79 South Interchange Improvements
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO EASTERN
MUNICIPAL WATER DISTRICT AND AUTHORIZING THE EXECUTION AND
RECORDATION OF A GRANT DEED IN CONNECTION THEREWITH
5.2 Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING
AN EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER
FACILITIES AND AUTHORIZING THE EXECUTION AND RECORDATION OF A
GRANT OF EASEMENT IN CONNECTION THEREWITH
R:~Agenda\082697 3
6
7
5.3 Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
THAT CERTAIN "RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION
AGREEMENT" BETWEEN THE CITY OF TEMECULA AND MARGARITA CANYON,
LLC
5.4 Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
THAT CERTAIN "LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND
ELECTREND, INC., FOR USE OF REAL PROPERTY"
5.5
Authorize and direct the City Clerk to record the documents approved by the
Resolutions as listed above.
J~elease Faithful Performance Warranty. Labor and Materials, and Subdivision
Monumentation B(~nd¢ in Tract No. 22716-F (Located Northeasterly of the intersection of
Meadows Parkway at Rancho Vista Road)
RECOMMENDATION:
6.1
Authorize release of the Faithful Performance Warranty and Labor and Material
Bonds for the Public Street, Water and Sewer improvements, and Subdivision
Monumentation Bond in Tract No. 22716-F;
6.2 Direct the City Clerk to so advise the several Developers and Sureties.
Quitclaim Public Utility Easements over Portion of Campos Verdes IProposed Middle School
Site Easterly of Margarita Road and Northerly of North General Kearny Road)
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC UTILITY EASEMENTS TO THE
UNDERLYING FEE OWNERS (PORTION OF TRACT NO. 3334 FOR SCHOOL SITE
EASTERLY OF MARGARITA ROAD AND NORTHERLY OF NORTH GENERAL
KEARNY ROAD)
R:~.genda~082697 4
8
9
10
11
Release Warranty and Labor and Materials Bonds in Tract No. 23125-1 (Located at the
Northeast corner of Butterfield Stage Road at De Portola Road)
RECOMMENDATION:
8.1 Authorize the release of the Faithful Performance Warranty bonds for Street,
Drainage, and Water and Sewer Improvements, and the Labor and Materials bonds
in Tract No. 23125-1;
8.2 Direct the City Clerk to so advise the Developer and Surety.
Release Faithful Performance Warranty and Labor and Material Bonds in Tract No. 22716-
4 (Located Northeasterly of the intersection of Meadows Parkway at Rancho Vista Road)
RECOMMENDATION:
9.1 Authorize release of the Faithful Performance Warranty and Labor and Material
Bonds for the Public Street, Water, and Sewer Improvements in Tract No. 22716-4;
9.2 Direct the City Clerk to so advise the several Developers and Sureties.
Accept Subdivision Iml~rovements in Tract No. ?2762 (Located Westerly of the intersection
of Ynez Road at Preece Lane)
RECOMMENDATION:
10.1 Accept the public improvements in Tract No. 22762;
10.2 Authorize initiation of the one-year warranty period, reduction of the Faithful
Performance Street and Drainage, and Water and Sewer System security amounts,
and release of the Subdivision Monumentation and Traffic Signalization Mitigation
securities;
10.3 Direct the City Clerk to so advise the Developer and Surety.
Accel~tance of Publi~; Streets into the City-Maintained Street System (Within Tracts No.
22761 and 22762) (Located Westerly of the intersection of Preece Lane at Ynez Road)
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING
CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM
(WITHIN TRACTS NO.. 22761 AND 22762)
R:~Agenda\O82697 5
12
13
14
15
16
Waiver of Application/Permit Fee for Rancho Vista High School "Drug Free Run or Walk"
Event (Rancho Vista Road to Rancho California Road and Return)
RECOMMENDATION:
12.1
Waive the permits/application fee adopted by City Council Resolution No. 91-96
entitled "Adopting Standards and Procedures for Special Events on Public Streets,
Highways, Sidewalks, or Public Rights of Way", for October 25, 1997 "Drug Free
Run or Walk" sponsored by Rancho Vista High School.
Tract Map No. 23101-4 (Located at the Northeast corner of Promenade Bordeaux and
Promenade Chardonnay Hills in the City of Temecula)
RECOMMENDATION:
13.1 Approve Tract Map No. 23101-4, subject to the Conditions of Approval.
Tract Map No. 23100-5 {Located at the Northeast corner of Promenade Bordeaux and
Promenade Chardonnay Hills in the City of Temecula)
RECOMMENDATION:
14.1 Approve Tract Map No. 23100-5, subject to the Conditions of Approval.
Accept Subdivision Improvements in Tract No, 22761 (Located at the Westerly corner of
Ynez Road at Preece Lane)
RECOMMENDATION:
15.1 Accept the public improvements in Tract No. 22761;
15.2
Authorize initiation of the one-year warranty period, reduction of the Faithful
Performance Street and Drainage, and Water and Sewer System security amounts,
and release of the Subdivision Monumentation and Traffic Signalization Mitigation
securities;
15.3 Direct the City Clerk to so advise the Developer and Surety.
Completion and Acceptance of the Traffic Signal at State Route 79 South and Margarita
Road/Redhawk Parkway - Prpject No. PW95-15
RECOMMENDATION:
16.1 Accept the traffic signal at State Route 79 South and Margarita Road/Redhawk
Parkway, Project No. PW95-15;
R:~Agenda\082697 6
17
18
19
16.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond,
and accept a one (1) year Maintenance Bond in the amount of 10% of the contract;
16.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after
filing of the Notice of Completion if no liens have been filed.
Award of Construction Contract Public Works Department Maintenance Work Order 97-
98-00.? - Walcott Lane
RECOMMENDATION:
17.1
Award a contract for Public Works Department Maintenance Work Order No. 97-98-
002 to A Park Avenue Builders in the amount of $23,800.00 and authorize the
Mayor to execute the contract.
17.2 Authorize the City Manager to approve change orders not to exceed the contingency
amount of $2,380.00 which is equal to 10% of the contract amount.
Award of Construction Contract Public Works Department Maintenance Work Order 97-98-
003 - Walcott Lane at Klarer
RECOMMENDATION:
18.1
Award a contract for Public Works Department Maintenance Work Order No. 97-98-
003 to A Park Avenue Builders in the amount of $23,900.00 and authorize the
Mayor to execute the contract.
18.2 Authorize the City Manager to approve change orders not to exceed the contingency
amount of $2,390.00 which is equal to 10% of the contract amount.
Award of Professional Services Contract to Robert Bein, William Frost and Associates for
the Design of the Median Island on Winchester Road West of Jefferson Avenue - Project
No. PW97-21
RECOMMENDATION:
19.1
Approve and authorize the Mayor to sign the Professional Services Agreement
between the City of Temecula and Robert 8ein, William Frost & Associates to
provide Engineering Services for the design of the Median Island on Winchester
Road West of Jefferson Avenue - Project No. PW97-21 for an amount not to exceed
$47,900.00.
19.2 Authorize the City Manager to approve change orders not to exceed the contingency
amount of $4,790.00, which is equal to 10% of the contract amount.
R:~Agenda\082697 7
20
21
22
23
Professional Services Agreement between the City of Temecula and C.M, (Max) Gilliss for
Contract Coordination, Pala Road Bridge
RECOMMENDATION:
20.1 Approve the agreement between the City of Temecula and C.M. (Max) Gilliss for
Professional Services for Contract Coordination for the Pala Road Bridge Project;
20.2 Approve the modification to the existing agreement by reducing the amount of
compensation from 82,000 per month to $1,000 per month.
Professional Services Engineering Agreement between Don Lohr and Associates and the
City of Temecula - Pechanga Creek/Temecula Creek Study
RECOMMENDATION:
21.1 Approve a Professional Services Agreement between Lohr and Associates and the
City to provide the necessary studies as required by the U.S, Army Corps of
Engineers prior to any maintenance in the channel for an amount not to exceed
$11,500.00 and authorize the Mayor to execute the agreement.
21.2 Appropriate $11,500.00 for the required study from General Fund Reserves to
Public Works Flood Control Account No. 001-164-601-5403.
Disposal of City Vehicles
RECOMMENDATION:
22.1 Approve the disposal of three City vehicles through public auction to be conducted
by Roger Ernst Auction House.
Second Reading of Ordinance No. 97-17
RECOMMENDATION:
23.1 Adopt an ordinance entitled:
ORDINANCE NO, 97-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING
CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL
AUTHORITY TABLE, REQUIRE CONDITIONAL USE PERMITS FOR RECREATIONAL
VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING DISTRICTS,
INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING
DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE SERVICES IN CERTAIN
COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO DELETE THE
REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE
R:~Agenda~082697
ESTABLISHMENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT
GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS,
ESTABLISH MOTOR CYCLE PARKING SPACE DIMENSIONS, ESTABLISH SELF-
STORAGE/MINI-WAREHOUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS
TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA97-0036)
24
Second Reading of Ordinence No. 97-18
RECOMMENDATION:
24.1 Adopt an ordinance entitled:
ORDINANCE NO. 97-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING
SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING THE
PRIMA FACIE SPEED LIMIT ONE 1) PIO PICO ROAD BETWEEN DE PORTOLA AND
MARGARITA ROAD 2} PREECE LANE WEST OF YNEZ ROAD 3) DEL RIO ROAD
BETWEEN FRONT STREET AND VIA MONTEZUMA 4) WALCOTT CORRIDOR
BETWEEN LA SERENA WAY AND NICOLAS ROAD
RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING
AND THE TEMECULA REDEVELOPMENT AGENCY MEETING
R:~Agenda~082697 9
3 Design Services Agreement for Gym Cooling System
4
RECOMMENDATION:
3.1
Approve the agreement with Dahl, Taylor and Associates, Inc., for 920,800 to
provide design services for the installation of air conditioning at the CRC
gymnasium.
Award of Contract and Adoption of an Addendum to the Mitigated Negative Declaration for
the ADA Improvement Project {Project No. PW97-09CSD)
RECOMMENDATION:
4.1
Adopt an Addendum to the previously adopted Mitigated Negative Declaration for
the Rancho California Sports Park Improvement Project.
4.2
Approve the plans and specifications for the construction of the Americans with
Disability Act (ADA) Improvement Project, Project No. PW97-09CSD.
4.3
Award a construction contract to Mod Craft, Inc. for the base bid and one alternate
bid in the amount of 9230,941.57 and authorize the President to execute the
contract.
4.4
Authorize the General Manager to approve change orders not to exceed the
contingency amount of 923,094.16 which is equal to 10% of the contract amount.
4.5
Authorize the transfer of funds from the Rancho California Sports Park Improvement
project in the amount of 932,127.00 to the ADA Improvement Project Fund in the
CIP Fund.
4.6
Appropriate and transfer 930,000 from TCSD Fund Balance to the ADA
Improvement Project Fund in the CIP Fund.
Completion and Acceptance of the Sports Park Creek Restoration Project. Project No.
PW9§-10CSD
RECOMMENDATION:
5.1
Accept the construction of the Sports Park Creek Restoration Project, Project No.
PW95-10CSD, as complete;
5.2
Direct the City Clerk to file the Notice of Completion and release the Performance
Bond;
5.3
Direct the City Clerk to release the Materials and Labor Bond seven (7) months after
the filing of the Notice of Completion if no liens have been filed.
R:~Agenda\082697 11
6
Easement Agreement with Pacific Century Homes to Construct Improvements on
Winchester Creek Park
RECOMMENDATION:
6.1 Approve the Easement Agreement to allow construction of slopes and drainage
facilities with Pacific Century Homes.
DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson
GENERAL MANAGER'S REPORT - Bradley
BOARD OF DIRECTOR'S REPORTS
ADJOURNMENT: Next meeting: October 28, 1997, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
R:~A. genda\082697 12
CALL TO ORDER:
ROLL CALL:
PUBLIC COMMENT:
TI=MI=CUI A R!=D!=VI=! OPMi~NT AG!=NCY MFFTING
Next in Order:
Ordinance: No, RDA 97-01
Reso{ution: No. RDA 97-07
Chairperson Steven J. Ford presiding
AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford
A total of 15 minutes is provided so members of the public can 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 desire to speak to the Agency on an item not
listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should
be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the City Clerk
before the Agency gets to that item. There is a five (5) minute time limit for individual
speakers.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of September 23, 1997.
AGENCY BUSINESS
2 Economic Development Corporation and Chamber of Commerce C)uarterly Report
(Oral Report)
REDEVELOPMENT DIRECTOR'S REPORT - McLarney
EXECUTIVE DIRECTOR'S REPORT - Bradley
AGENCY MEMBER'S REPORTS
ADJOURNMENT
Next regular meeting: October 28, 1997, 7:00 PM, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
R:\Agenda~082697 13
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARINGS
Any person may submit written comments to the City Council before a public
hearing or may appear and be heard in support of or in opposition to the approval of
the project(s) at the time of hearing. If you challenge any of the projects in court,
you may be limited to raising only those issues you or someone else raised at the
public hearing or in written correspondences delivered to the City Clerk at, or prior
to, the public hearing.
25
Planning Apl;)lication No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199} Planning
Application No. PA97-0161 (General Plan Amer}dment ) Planning Application No. PA97-
0~04 (Amendment and Restatement of Development Agreement for Specific Plan No. 199,
Village "A") - "Temeku"
RECOMMENDATION:
25.1
Make a determination of consistency with a project for which an Environmental
Impact Report (EIR) was previously certified and findings that a subsequent EIR is
not required;
25.2 Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO. PA97-0161 (GENERAL PLAN AMENDMENT), BASED
UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT
25.3 Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO. PA97-0160 (AMENDMENT NO. 3 TO SPECIFIC PLAN
NO. 199), BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE
STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE
OFFICE OF THE CITY CLERK
R:~Agenda~082697 14
25.4 Read by title only and introduce an ordinance entitled:
25.5
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO. PA97-0160 (AMENDMENT NO. 3 TO SPECIFIC PLAN
NO. 199, AMENDING THE TEXT TO REFLECT THE REDUCTION OF DWELLING
UNITS FROM 4,047 TO 3,922 UNITS, THE ELIMINATION OF COMMERCIAL
ACREAGE AT THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND
MEADOWS PARKWAY, THE ADDITION OF AN APPROXIMATELY 12.5 ACRE
PUBLIC PARK AT THE SOUTHWEST CORNER OF LA SERENA AND MEADOWS
PARKWAY, AND REVISIONS TO ROADWAY CROSS-SECTIONS, DESIGN
GUIDELINES AND DEVELOPMENT STANDARDS, ALL WITHIN VILLAGE "A"
Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED "AMENDMENT AND
RESTATEMENT OF DEVELOPMENT AGREEMENT, SPECIFIC PLAN NO. 199,
VILLAGE A, PLANNING AREAS 33 TO 38, 40 TO 44 AND 46, PLANNING
APPLICATION NO. PA97-0204, 'MARGARITA VILLAGE,' TEMEKU HILLS
DEVELOPMENT PARTNERS, L.P. AND UDC HOMES, INC.
25.6
Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
THAT CERTAIN AGREEMENT ENTITLED 'AGREEMENT REGARDING TEMECULA
RESIDENT GOLF DISCOUNTS AND PARK AND RECREATION IMPACT FEE
CREDITS" FOR TEMEKU HILLS
COUNCIL BUSINESS
26 Proposed Annexation of Redhawk and Vail Ranch
RECOMMENDATION:
26.1 Review the information provided by Staff during the presentation.
27 El Nino Update
{Oral Presentation by Mark Bassett, Riverside County Emergency Management Supervisor,)
R:~Agenda~.082697 15
28
29
30
31
Temecula Library
RECOMMENDATION:
28.1 Direct Staff to solicit qualifications for selection of a design firm to assist in the site
selection and design of a more centralized library facility in the City.
Designation of Voting Delegate for the National League of Cities Annual Congress
RECOMMENDATION:
29.1 Designate a voting representative and an alternate.
Community Services Commission Appointment
RECOMMENDATION:
30.1 Appoint two members to serve a full term on the Community Services Commission,
through October 10, 2000.
Public/Traffic Safety Commission Appointment
RECOMMENDATION:
31.1 Appoint an applicant to serve on the Public/Traffic Safety Commission for a full
three year term through October 10, 2000.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: October 28, 1997, 7:00 PM, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
R:~.genda\082697 16
PROCLAMATIONS/
PRESENTATIONS
ITEM
1
ITEM
2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD SEPTEMBER 23, 1997
!=X;=CUTIV!= SFSSION
A meeting of the City of Temecula City Council was called to order at 5:30 PM. It was duly
moved and seconded to adjourn to Executive Session at 5:35 PM, pursuant to Government
Code Sections:
§54956.9(a), Conference with Legal Counsel - Existing Litigation, City of Temecula v.
Gabriel et al.
§54956.9(c), Conference with Legal Counsel- Potential Litigation, two matters.
§54956.8, Real Property negotiations regarding Non-Disturbance and Attornment
Agreement between Agency, McDonald's Corporation and Dual Development for
leasehold property at Sixth and Front Street. Under consideration: terms of the
agreement.
§54956.9(a), Potential Litigation, Zonos v. City of Temecula.
§54956.8, Conference with Real Property Negotiator; Property: 26631 Ynez Rd;
Negotiating Parties: City of Temecula and Toyota of Temecula; Under negotiation:
Terms and conditions of development agreement.
The motion was unanimously carried. The Executive Session was adjourned at 7:25 PM.
A regular meeting of the Temecula City Council was called to order at 7:27 PM in the City
Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Pro Tem Roberts
presiding.
PRESENT 5
COUNCILMEMBERS:
Ford, Lindemans, Roberts,
Stone, Birdsall
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City
Clerk June S. Greek.
PRF! UDF MUSIC
The prelude and intermission music was provided by Cathy'Lamoureux.
INVOCATION
The invocation was given by Pastor Tim Buttrey, Temecula Valley Christian Center.
P! FDGF OF All FRIANCF
The audience was led in the flag salute by Councilmember Stone.
MinutesX09~23/07 -1 - 1 O/01/97
City Council Minutes Sentember 23. 1997
PROC! AMATION/PRFSFNTATIONS
Mayor Birdsall proclaimed the week of October 13, 1997, to be UDomestic Violence
Awareness Week." Mayor Pro Tern Roberts introduced Kathleen Newton, President of the
Riverside Board, and Board Members Carol Niles and Mary Eusey, who accepted the
proclamation.
Mayor Birdsall presented Awards of Valor to Mark Christensen, Gary Benson and Stephen
Mcintosh, who assisted Mr. Thomas McHugh, a Temecula resident, during a recent traffic
accident.
John Jaquess, Manager Special Projects, WRCOG, gave a presentation on the status of the
electric restructuring issue and a recommended action plan prepared by a joint
WRCOG/SANDBAG Electric Restructuring Task Force.
PUB! IC COMMFNTS
Jo Moulton, Executive Director, Temecula Valley Film Council - 27645 Jefferson Avenue,
#104A, on behalf of the Film Council, thanked the City Council and staff for their part in
making the Film Festival a success.
Bonnie and Arianna from Rancho Vista High School, invited the City Council to participate in
the 5K Drug Free Run and Walk on October 25, 1997, with registration opening 8:00 AM at
Rancho Vista High School. They also requested the fee be waived for this event.
Mayor Birdsall asked that the matter of waiving the fee for this event be placed on the meeting
of October 7, 1997.
CITY COUNCIl RFPORTS
Councilmember Ford thanked the Film Council for the wonderful event held last weekend. He
also announced the Leukemia Society Fund Raiser Dinner on October 10, 1997 and asked
anyone interested to contact him. Councilmember Ford said that Murrieta Creek is being
mowed and there have been requests from Homeowners' Associations to get permits on
Temecula Creek and Pechanga Creek.
Mayor Pro Tem Roberts announced the Cattle Barons' Ball for the American Cancer Society
will be held September 27th from 7:00 - 12:00 PM at Temeku Country Club. He also stated
the kick-off reception for Alternatives to Domestic Violence, will be held Friday, October 3 at
Temecula Crest Winery from 5:30 PM to 8:00 PM.
Mayor Pro Tem Roberts requested staff look into providing sand bags to the residents to,help
them prepare for the anticipated El Nino conditions.
Minutes\O9\23107 -2- 10101/97
City Council Minutes Seotember 23. 1997
Councilmember Stone asked the staff to work cooperatively with the residents south' of
Temecula Creek to get County and Federal permission to clear the Temecula Creek prior to
the expected winter storms. He also asked the City Attorney to look into and identify the
most stringent penalties that are allowed under the law for convicted perpetrators of "hate"
graffiti. He further requested staff give an update to the Council on activities from TEAM, the
apprenticeship model. Councilmember Stone asked the Council to attend the Riverside
Division of California League of Cities meeting, to be held September 24,1997.
Mayor Birdsall announced the annual Tractor Race will be held on October 3rd, 4th, and 5th,
and invited the public to attend.
CONS!::NT CA! I:NDAR
City Clerk June Greek reported there was one request to speak on Item No. 13. Mayor Birdsall
removed Item No. 13 from the Consent Calendar for discussion,
Councilmember Lindemans registered a 'no" vote on Item No. 19.
It was moved by Councilmember Stone, seconded by Councilmember Ford, to approve
Consent Calendar Items 1-12 and 14-20 as follows, with Councilmember Lindemans voting
"no" on Item No. 19.
The motion carried as follows:
AYES: 5 COUNCILMEMBERS:
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
Ford, Lindemans, Roberts,
Stone, Birdsall
None
None
Standard Ordinance Adol;)tion Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
Minutes
2.1 Approve the minutes of August 26, 1997.
2.2 Approve the minutes of September 9, 1997.
Minutes\09\23107 -3- 10101/97
City Council Minutes ~eotember 23. 1997
Resolution Approving ! ist of Demands
3.1
Adopt a resolution entitled:
RESOLUTION NO. 97-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Accept Substitute Faithful Performance Securities for Parcel Maps No. 71797 and
23822 (Located on the Easterly side of Front Street Northerly of Rancho California
Road)
4.1 Accept the substitute Faithful Performance Securities for minor Public
Improvements in Parcel Maps No. 21797 and 23822;
4.2 Authorize the release of the Faithful Performance Bonds;
4.3 Direct the City Clerk to so advise the Clerk of the Board of Supervisors,
Developer and Surety.
Accept Subdivision Improvements in Tract No. 94133-1 (Located at the Northwesterly
corner of Meadows Parkway at Leena Way)
5.1 Accept the public improvements in Tract No. 24133-1;
5.2 Authorize initiation of the one-year warranty period, reduction of the Faithful
Performance Street and Drainage, and Water and Sewer security amounts, and
release of the Subdivision Monumentetlon and Traffic Signalization Mitigation
securities;
5.3 Direct the City Clerk to so advise the Developer end Surety.
Acceptance of Public Streets into the City-Maintained Street System {Within Tracts No.
94133-1,4 and F) (Located Northerly of the intersection of Montelegro Way at Pio Pico
Road)
6.1 Adopt a resolution entitled:
RESOLUTION NO. 97-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN TRACTS NO. 24131-1, 4, AND F)
Minutes\09\23107 -4- 10/01/97
City Council Minutes September 23. 1997
10.
Accel;)t Subdivision ImDrovements in Tract No. 94133-4 (Located at the Northwesterly
corner of Meadows Parkway at Leena Way)
7.1 Accept the public improvements in Tract No. 24133-4;
7.2
Authorize initiation of the one-year warranty period, reduction of the Faithful
Performance Street and Drainage, and Water and Sewer security amounts, and
release of the Subdivision Monumentation and Traffic Signalization Mitigation
securities;
7.3 Direct the City Clerk to so advise the Developer and Surety.
Accel;)t Subdivision Improvements in Tract No. 94133-F (Located at the Northwesterly
corner of Meadows Parkway at Leena Way)
8.1 Accept the public improvements in Tract No. 24133-F;
8.2
Authorize initiation of the one-year warranty period, reduction of the Faithful
Performance Street and Drainage, and Water and Sewer Security amounts, and
release of the Subdivision Monumentation and Traffic Signalization Mitigation
securities;
8.3 Direct the City Clerk to so advise the Developer and Surety.
Accel~t Substitute Warranty Bond in Tract No. :~4134-~ (Located at the Southeasterly
corner of Pauba Road at Margarita Road)
9.1 Accept the substitute Faithful Performance Warranty Bond for Public
Improvements in Tract No. 24134-2;
9.2 Authorize the release of the Faithful Performance Warranty Bond on file;
9.3 Direct the City Clerk to so advise the Developer and Sureties.
Parcel Map No. :~8544 (Located on the North side of Rancho California Road between
Moraga Road and Lyndie Lane)'
10.1 Approve Parcel Map No. 28544 in conformance with the Conditions of
Approval.
Minutes\09~23107 -5- 10/01197
City Council Minutes Samember 23. 1997
11.
"All- Way Sto;)" at Corte Mendoza at Camino Romo and "No Parking" ?one on the Fast
side of Camino Romo. South of Corte Mendoza
11.1 Adopt a resolution entitled:
RESOLUTION NO. 97-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING A "STOP" LOCATION ON CORTE MENDOZA AT CAMINO
ROMO
11.2 Adopt a resolution entitled:
RESOLUTION NO. 97-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING A "NO PARKING' ZONE ON THE EAST SIDE OF CAMINO
ROMO SOUTH OF CORTE MENDOZA
12.
Award of Pro~essional Services Agreement to RI Tran System. Inc. for the Design of
a Communication Software and Purchase of Computer F¢luipment for Implementation
of the Citywide Intelligent Traffic Management System. Project No. PW95-16
12.1
Approve and authorize the Mayor to sign the Professional Services Agreement
between the City of Temecula and BI Tran System, Inc. for the design of
communication software and purchase of computer equipment for
implementation of the Citywide Intelligent Traffic Management System (ITMS),
Project No. PW95-16, for an amount not to exceed $85,000.00
12.2 Advance funds in the amount of $85,000.00 from Development Impact Fees to
the Capital Improvement Project Fund.
12.3 Appropriate $10,277.00 from Capital Project Reserves.
14.
Professional Services Agreement with Parsons Rrinckerhoff C)uade and Douglas. Inc.
for the Southbound Fxit Ramp Widening at I-15/Winchester Road. Project No. PW97-03
14.1
Approve the Professional Services Agreement between the City of Temecula
and Parsons Brinckerhoff Quade and Douglas, Inc. for the design of the
Southbound Exit Ramp Widening at 1-15/Winchester Road, Project No. PW97-
03, for $109,738, and authorize the Mayor to execute the contract;
Minute$~09\23/07 -6- 10/01197
City Council Minutes Scotember 23. 1997
15.
16.
17.
18.
14.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $10,974.00 which is equal to 10% of the contract
amount.
Amendment No. 1 to the =Cooperative Agreement between the City of Temecula and
the Redevelol;)ment Agencv of the City of Temecuia for Construction and Funding of
Winchester Road at Interstate 15. Rridge Widening and Northbound Ramp
Iml~rovements ¢Project No. PW94-~1)# dated February 11. 1997
15.1
Approve Amendment No. 1 to the Cooperative Agreement between the City of
Temecula and the Redevelopment Agency of the City of Temecula for
construction and funding of Winchester Road at Interstate 15, Bridge Widening
and Northbound Ramp Improvements (Project No. PW94-21);
15.2
Authorize the Mayor to execute Amendment No. 1 to the Cooperative
Agreement on behalf of the City in substantially the form attached to the
Agenda Report.
Purchase of City Vehicles
18.1 Approve the purchase of two (2) 1998 Chevy S-10 extended cab pick-up trucks
from Paradise Chevrolet, Temecula, California, in the amount of $34,592.06.
Donation to the Diana. Princess of Wales Memorial Fund
17.1 Approve the expenditure of $100 for donation to the Diana, Princess of Wales
Memorial Fund.
Professional Service Agreements Related to Communitv Facilities District (CFD) No.
88-17 (Ynez Corridor) 1997 Series Bonds
18.1
Approve and authorize the Mayor to sign an agreement with Bruce W. Hull &
Associates, Inc. For an appraisal of certain properties within CFD 88-12 for an
amount not to exceed $25,000;
18.2
Approve and authorize the Mayor to sign an agreement with Fieldman, Rolapp
and Associates to serve as financial advisor on the CFD 88-12 bond financing
in an amount not to exceed $51,000.
Minutes\09~23107 -7- 10/01197
City Council Minutes Sentember 23. 1997
19.
Second Reading of Ordinance No. 97-16. Nighttime Curfew for Minors
19,1 Adopt an ordinance entitled:
ORDINANCE NO. 97-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
RELATING TO CURFEWS FOR MINORS AND AMENDING THE TEMECULA
MUNICIPAL CODE
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Ford, Roberts, Stone, Birdsall
NOES: 1 COUNCILMEMBERS: Lindemans
ABSENT: O COUNCILMEMBERS: None
20.
Final Reading of Ordinance No. 97-13. Amending PI=RS Contract
20.1 Adopt an ordinance entitled:
ORDINANCE NO. 97-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY
COUNCIL OF THE CITY OF TEMECULA
13.
Professional Services Agreement - City of Temecula and Riverside County Flood Control
and Water Conservation District Mowing of Murrieta Creek
Public Works Director Joe Kicak presented the staff report.
Jeannie Gillen, 30195 Del Rey Road, spoke in support of the agreement and requested
the City to encourage Riverside County to consider sedimentation removal under the
Rancho California Bridge and the Main Street Bridge.
Minutes\09\23107 -8- 10/01/97
City Council Minutes Seotember 23. 1997
It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford, to
approve staff recommendation with direction to staff to forward a letter to the County
of Riverside encouraging them to undertake additional removal of silt and sand from the
creek bottom.
13.1
Approve the Professional Services Agreement between the City of Temecula
and the Riverside County Flood Control and Water Conservation District for
mowing of the privately owned portions of Murrieta Creek within the City of
Temecula.
The motion was unanimously carried.
RECESS
Mayor Birdsall recessed the City Council Meeting at 8:33 PM to accommodate the previously
scheduled Community Services District and Redevelopment Agency Meeting. The meeting
was reconvened at 9:00 PM.
PUBLIC HEARINGS
21. Development Code Amendment No. 3. Planning Application No. PA97-0036
Senior Planner Dave Hogan presented the staff report.
Mayor Birdsall opened the public hearing at 9:04 PM. Having no requests to speak,
Mayor Birdsall closed the public hearing at 9:04.
It was moved by Councilmember Lindemans, seconded by Councilmember Ford, to
approve staff recommendations 21.1 and 21.2 as follows:
21.1 Approve a Categorical Exemption pursuant to Section 15061(b)(c) of the
California Environmental Quality Act Guidelines.
21.2 Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 97-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE
THE APPROVAL AUTHORITY TABLE, CHANGE PUBLIC HEARING
REQUIREMENTS FOR CONDITIONAL USE PERMITS, REQUIRE CONDITIONAL
USE PERMITS FOR RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN
RESIDENTIAL ZONING DISTRICTS, INDOOR SWAP MEETS IN CERTAIN
COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL
CHANGE/LUBE SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL
Minutes\09\23107 -9- 10/01/97
City Council Minutes Samember 23. 1997
ZONING DISTRICTS, TO DELETE THE REQUIREMENT FOR A CONDITIONAL
USE PERMIT FOR MASSAGE ESTABLISHMENTS AND PERMIT THEM IN
CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUSTMENTS
FOR RESIDENTIAL CUL-DE-SAC LOTS, ESTABLISH MOTORCYCLE PARKING
SPACE DIMENSIONS, ESTABLISH SELF-STORAGE/MINI-WAREHOUSE
STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEVELOPMENT
CODE (PLANNING APPLICATION PA97-0036)
The motion was unanimously carried.
COUNCIl BUSINFSS
Mayor Birdsall announced that Items 22 and 23 would be removed from the agenda (off
calendar), at the request of staff.
22.
Abandonment Regardina Remainder. First Street Realignment and Fxtension Project.
Gabriel Property ! ocated at First and Front Streets
23.
Proposed Resolution of Necessity for Slope Fasement and Tem.0orary Construction
Fasement. First Street Realignment and Fxtension Project. Rabriel Property
24.
Ordinance Amending Municipal Code Regarding Prima Facie Speed limits on Certain
Streets
Public Works Director Joe Kicak presented the staff report.
Mayor Birdsall asked if she needed to abstain on this item because she rents a building
on one of these streets. City Attorney Thorson ruled she does not have a conflict of
interest and may participate.
It was moved by Councilmember Stone, seconded by Councilmember Ford, to approve
staff recommendation as follows:
24.1 Read by title only end introduce an ordinance entitled:
ORDINANCE NO. 97-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE
REGARDING PRIMA FACIE SPEED LIMIT ON 1) PIO PICO ROAD BETWEEN DE
PORTOLA ROAD AND MARGARITA ROAD, 2) PREECE LANE WEST OF YNEZ
Minutes\09\23107 -1 O- 10101197
Citv Council Minutes September 23. 1997
ROAD, 3) DEL RIO ROAD BETWEEN FRONT STREET AND VIA MONTEZUMA,
4) WALCOTT CORRIDOR BETWEEN LA SERENA WAY AND NICOLAS ROAD
The motion was unanimously carried.
25.
Recreational Vehicle Storage in Residential 7ones
Community Development Director Gary Thornhill presented the staff report.
Mayor Birdsall stated she feels the City should not assume additional responsibility for
Homeowners Association CC&R's.
Councilmember Stone asked if other cities have been contacted to see how they
address this issue.
Community Development Director Gary Thornhill stated the vast majority of cities do
not get into strong regulation of these issues.
City Manager Ron Bradley explained the basic underlying authority on this issue is the
California Vehicle Code whose provisions prevent long-term parking on public streets.
He stated there are cities who adopt more stringent codes.
It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford to assume
no additional responsibility for enforcement of Home Owners Association CC&R's and
to direct Code Enforcement not to enforce Section 17.24.020(f) and Section
17.24.050(I).
Community Development Director Gary Thornhill, explained that the language on
17.24.050(I) was meant to address vehicles being parked on front lawn areas, and
suggested the motion be amended to come back with language that addresses this
more clearly.
Mayor Pro Tem Roberts amended his motion, and Councilmember Ford amended his
second to also direct that the matter of enforcement for vehicles parked in front lawn
areas will continue to be vigorously pursued under the City zoning codes and applicable
government code sections, until such time as language can be clarified.
The motion carried with Councilmember Stone abstaining, stating he would like to have
more information before voting on this matter.
Minutes\09\23/07 -11 - 10/01/97
Citv Council Minutes Seotember 23. 1997
26.
City Council Meeting Schedule - October. November and December 1997
It was moved by Councilmember Ford, seconded by Councilmember Lindemans, to
approve the following dates for City Council Meetings in October, November, and
December 1997:
Month 1st Meeting ~?nd Meeting
October
November
December
Tuesday, October 7
Tuesday, November 18
Tuesday, December 9
The motion was unanimously carried.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
Tuesday, October 28
Tuesday, November 25
Tuesday, December 16
City Attorney Thorson reported the City Council gave direction regarding litigation in real estate
matters, however no final actions were taken.
ADJOURNMENT
It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to adjourn
at 9:38 PM to a regular meeting on October 7, 1997, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California. The motion was unanimously carried.
Patricia H. Birdsall, Mayor
ATTEST:
June S. Greek, CMC/AAE, City Clerk
Minutes~09\23107 -12- 10101197
ITEM
3
RESOLUTION NO. ~7-
A RESOLUTION OF ~ CITY COUNCIL OF THE CITY
OF TEMECI.~A ,~.~OWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHmlT A
CITY COUNCIL OF TH~ CITY OF ~ULA DOES RF_.SOLV~,
D~fF.R.MIN~ AND ORDER AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on file in the
Office of the City Clerk, have been audited by the City Manager, and that the same are hereby
allowed in the amount of $1,043,577.87.
Section 2. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPTED, this 7th day of October, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
June S. Greek, CMC/AAE
City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMF_,CULA )
I, June S. Greek, City Clerk of the City of Te, mccula, hereby do certify that the foregoing
Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City
of Temecula on the 23rd day of September, 1997 by the following roll call vote:
CO~CILMEMBERS:
NOES:
COUNCR,MEMBERS:
CO~CILMEMBERS:
tune S. Greek, CMC/AAE
City Clerk
97- 2
CITY OF TEMECULA
LIST OF DEMANDS
09/18/97 TOTAL CHECK RUN:
09/'25/97 TOTAL CHECK RUN:
10/07/97 TOTAL CHECK RUN:
09/18/97 TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 10/07/97 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
120
165
190
191
192
193
194
210
28O
3OO
320
33O
34O
38O
GENERAL FUND
DEVELOPMENT IMPACT FUND
RDA DEV-LOW/MOD SET ASIDE
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL A
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
CAPITAL IMPROVEMENT PROJ. FUND
REDEVELOPMENT AGENCY-ClP
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
RDA - DEBT SERVICE
PAYROLL:
001
165
190
191
192
193
194
280
3OO
320
330
34O
GENERAL
RDA-LOW/MOD
TCSD
TCSD SERVICE LEVEL A
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
RDA-ClP
INSURANCE
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
TOTAL BY FUND:
GENIE ROBERTS, FINANCE DIRECTOR
RONALD E. BRADLEY,
$ 227,758.19
145.043.71
524,256.00
146,519.97
$ 1,043,577.87
484,973.40
8,970.94
60,382.75
65,532.06
13,180.30
61.37
16,784.63
452.32
65,930.44
121,354.98
20,1 58.30
15,477.40
16,181.58
7,639.33
0.00
97,764.66
4,557.92
30,514.96
70.44
181.84
2,437.67
991.93
4,563.50
2,840.46
243.15
1,870.82
1 46,519.97
1,043,677.87
· HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
VOUCHRE2
09/18/97
11:29
CiTY OF TE#ECULA
VOUCHER/CHECK REGISTER
FOR ALL PER](X)S
PAGE
FUND TITLE
001 GENERAL FU#D
165 RDA DE¥- LOU/!I(~ SET ASIDE
190 CI]qqJN]TY SERVICES DiSTRiCT
191 TCSD SERVICE LEVEL A
1~2 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
19~ TC~) SERVICE LEVEL D
210 CAPITAL ]I~ROVE#E#T PROJ FUND
280 REDEVELOPMENT AGENCY - CiP
300 iNSURANCE FUND
320 ]NFOR#AT]~I SYSTENS
330 SUPPORT SERVICES
3~,0 FACILZTiES
AI~UNT
57,007.08
310.69
61.37
8,885.6~
~52.32
8,458.51
18,391.11
607.60
7,936.17
883.16
1,&56.1&
TOTAL 227,758.19
VOUCHRE2 CITY OF TEMECULA
09/18/97 11:29 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE
VOUCHER/
CHECK CHECK VENDOR VEIE)OR ITE# ACCOLINT
Ntff4BER DATE NUI4BER NAJ4E DESCRIPTZOR NIJ#BER
ITEH
AHOUNT
CHECK
AHOUNT
45356 09/12/97 002803 CANTY ENGINEERING GRCX,JP DRAb/ 181-RANCHO CA/I-15 DESIGN 001-1280
6,455.90
6,455.90
45357 09/15/97 001590 CALIFORNIA REDEVELOP#EN CRA AklARDS NG#TNATIOR SUB#ITTA 280-199-999-5250
250.00
250.00
45358 09/15/97 000388 I C B O, INC. ICBO ANNUAL CF:ELMO:9/21-26 001-162-999-5258
&5359 09/15/97 KEITH ANDRE~S MENORIAL DCX~ATZON IN MEMORY OF ANORE~S 001-101-999'5285
355.00
50.00
355.00
50.00
Z00~96 09/15/97 002856 OLD REPUBLIC TITLE COMP 1ST TIME BYR PRGN:GARCIA,SAUL 165-199-999-5~4.9
200~96 09/15/97 002926 RANCH & ~AST ESCROU, I 1ST TIME BYR PGN:HENOERSGN 165-199-999-5~.9
14,900.00
22,600.00
37,500.00
808~36 09/18/97 000283 INSTATAX CZRS) 000~3 FEDERAL 001-2070
808/,36 09/18/97 000283 INSTATAX CIRS) 000283 FEDERAL 165-2070
808~36 09/18/97 000283 ZNSTATAX CIRS) 000283 FEDERAL 190-2070
808~6 09/18/97 000283 INSTATAX CIRS) 00028~ FEDERAL 191-2070
808~36 09/18/97 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070
808436 09/18/97 000283 [NSTATAX (IRS) 000283 FEDERAL 193-2070
808~36 09/18/97 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070
808~36 09/18/97 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070
808~36 09/18/97 000283 INSTAT/g( ([RS) 000283 FEDERAL 300-2070
808436 09/18/97 000283 ]NSTATAX (IRS) 000283 FEDERAL 320-2070
808~36 09/18/97 000283 INSTATAX ([RS) 000?83 FEDERAL 330-2070
808436 09/18/97 000283 INSTATAX (IRS) 000283 FEDERAL 3~0-2070
808~36 09/18/97 000283 ]NSTATAX (IRS) 000283 MEDICARE 001-2070
808~36 09/18/97 000283 ]NSTATAX (IRS) 000283 NED]CARE 165-2070
808~36 09/18/97 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070
808~36 09/18/97 000283 ]NSTATAX C]RS) 000283 MEDICARE 191-2070
808~36 09/18/97 000283 ]NSTATAX CIRS) 000283 MEDICARE 192-2070
808~36 09/18/97 000283 INSTATAX (]RS) 000283 MEDICARE 193-2070
80~36 09/18/97 000283 INSTATAX (IRS) 000283 MEDICARE 19~-2070
808~36 09/18/97 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070
808~36 09/18/97 000283 INSTATAX (IRS) 000283 NEDICARE $00-2070
808436 09/18/97 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070
808~36 09/18/97 000283 INSTATAX (]RS) 000283 MEDICARE 330-2070
808~36 09/18/97 000283 I#STATAX (IRS) 000283 MEDICARE 3&0-2070
8154~. 09/18/97 OOC~ INSTAT/O( CEOD) 0004~ SOl 001-2070
815~A4. 09/18/97 OOL~ ZNSTATAX CEDD) 00044~ SOl 165-2070
815/~ 09/18/97 0004~,~ INSTATA3( (EDD) O~ SOl 190-2070
815/,~,~ 09/18/97 OOC~-~ [NSTATAX (El)D) 0004~ SOl 193-2070
815~ 09/18/97 000~ ZNSTATAX ¢EOD) 0004~ SO! 280-2070
815~ 09/18/97 000~ INSTATAX (El)D) 0004~ SOl 3~0-2070
815~ 09/18/97 000~4~ INSTATAX CEDO) 000~ STATE 001-2070
815~.~ 09/18/97 0OD4~ INSTATAX CEDD) 000~ STATE 165-2070
815~ 09/18/97 OOLV:~ INSTATAX CEOD) 0004~ STATE 190-2070
815~1r~ 09/18/97 0004~ INSTATAX CEDD) 0004~ STATE 191-2070
815~ 09/18/97 0004~ INSTATAX CEDD) 000~. STATE 192-2070
815~ 09/18/97 0004~ INSTATAX CEDD) 000~ STATE 193-2070
815~ 09/18/97 00~ INSTATAX CEDD) 000~. STATE 19~-2070
815~.~ 09/18/97 OO0~& INSTATAX CEDE)) 000~ STATE 280-2070
815~ 09/18/97 OOL~':~ INSTATAX CEDD) 000~4 STATE 300-2070
15,290.98
735.41
3,657.06
8.94
23.15
302.23
140.27
667.33
55.72
564.56
41.01
228.13
3,630.87
170.58
1, o81.45
2.38
6.17
83.21
36.57
169.59
16.42
120.58
66.32
32.76
7.17
66.68
1.28
2.73
3.28
4,047.93
218.32
781
1.6~
3.95
60.56
206.51
14.38
27,103.29
"VOUCHRE2
..09/18/97 11:29
VOUCHER/
CHECK C.HECK VENOOR
NUNNER DATE NWINER
8154,~ 09/18/97 0004~
8154~ 09/18/97 ~
8154~ 09/18/97 ~
970915 09/15/97 002911
&5362 09/18/97 000102
~536~ 09/18/97 001947
&536~ 09/18/97 001323
&5365 09/18/97 000622
45366 09/18/97
~5~67 09/18/97
~5~68 09/18/97
45~69 09118197
453~ ~/18/97 ~01~
45371 ~/18/97 ~1~4
45~ ~/18/97 ~1~
453~ ~/18/97 0~1~
VENDOR
NN4E
INSTATAX CEDO)
INSTATAX CEDO)
INSTATAX
CARRIAGE ESCRCRd, INC.
AHERICAN FENCE CO. OF C
AHERIGAS
ARROMNEAD hlATER, ENG.
BANTA ELECTRIC-REFRIGER
BARNEY, NARY
BARTHOLOI, EV, SHARON
BO~EN, dULEE
BRADY, JAI4ES
CSNFO
CALIFORNIA BUILDING OFF
CALIFORNIA LANDSCAPE HA
CALIFORNIA LANOSCAPE HA
CITY OF TENECULA
VOUCHER/CHECK PEGESTER
FOR ALL PERIODS
ITEH
DESCRIPTION
STATE
STATE
STATE
1ST IIOIEBUYER PROGHAH:NICKLIN
FENGE RENTAL AUG/SEPT-PUJOL ST
PROPAIdE FUEL FOR CITY VEHICLES
DRINKING T/ATER - HAINT FAG.
INSTALL RADIO TRANSHITTER
REFUND:I4JS!C FOR TODDLERS
REFUND:TODI)LER S~[HNiNG
REFUND:B~SY GANES
REFUND:S~.CURETY DEPOSIT
LABELS FOR SENIOR ACCT FLYER
SEH:BERG,ZUHA,ROGRIGUEZ 10/20.
SPOIITS PARK-#ESC IRR]G.NEPAERS
SPORTS PARK-HISC. ZRRIG.REPAIRS
ACCOLINT
NUI4NER
320-2070
330-20T0
3~0-2078
165-199-999-5~,.9
165-109-812-520~
001-162-999-57.63
3~A)- 199-701-52&0
001-16~-601-5250
190-18~-&982
190-1~-&982
190-183-&982
091-150-999-5254
001-162-999-5261
190-180-999-521:)
190-180-909-5212
ITEH
AHOUNT
129.78
12.19
43.48
13,800.00
18.09
176.31
78.79
985.00
40.00
60.00
29.0Q
100.00
50.00
330.00
715.65
252.20
PAGE 2
CHEC~
ANOUNT
5,659.37
13,800.00
18.00
176.31
70.79
985.00
40.00
29.00
50.00
330.00
VOUCHREZ
09/18/97 11:29
CITY OF TEHECULA
VC~UCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE
VOUCHER/
CHECK CHECK VENDOR
NIJMBER DATE NUHBER
NAME
iTEN
DESCRIPTION
ACCOUNT
NUHBER
ITEH
N40UNT
CHECK
AHOUNT
45372 09/18/97 00017.6
45372 09/18/97 000126
45372 09/18/97 00017.6
45372 09/18/97 00017.6
45372 09/18/97 000126
45372 09/18/97 00017.6
45372 09/18/97 000126
45372 09/18/97 000126
45372 09/18/97 000126
CALIFORNIA LANDSCAPE HA
CALiFORNiA LANDSCAPE HA
CALiFORNiA LANDSCAPE MR
CALiFORNiA LANDSCAPE HA
CALiFORNiA LANDSCAPE HA
CALiFORNiA LANDSCAPE HA
CALIFORNIA LANDSCAPE HA
CALIFORNIA LANDSCAPE HA
CALIFORNIA LANDSCAPE HA
SPORTS PARK-NISC.IRRIG.REPAIRS
SPORTS PARK-HISC [RRIG.REPAIRS
REHOVE PiNE STUMP-SENIOR CNTR
LDSC i14PROVEHENTS-SENioR CNTR
blEED SPRAYING - TCND SLOPES
VINTAGE HILLS - CLEAN-UP SLOPE
R.C. SPORTS PARK- LDSC II4PROV.
(4) BOX PEAR TREES
KOELREUTERIA TREE
190-180-999-521Z
190-180-999-5212
190-181-999-5~15
190-181-999-5~15
193-180-999-521Z
193-180-999-5212
190-180-999-5415
190-180-999-5415
190-180-999-5415
~92.69
75.00
113.00
51.00
4,136.00
996.00
150.00
980.00
47.00
?,808.54
09/18/97 000135 CENTRAL CITIES SIGN SER HiSt SIGNS & HARDb/ARE
001-16~-601-524~
43.10
43.10
45374 09/18/97 001275 CCX4PUSERVE, INC.
AUG CGHPUSERVE INFO SERVICES 320-199-999-5228
9.95
45375 09/18/97
CRAFTGN HILLS COLLEGE FIRE PREV COURSE:H.VINDSOR 001-171-999-5261
36.00
45376 09118/97
CRAZN, KATIE REFUND:BABY GAMES 190-183-4982
29.00
2~.00
45377 09/18/97 002106 DA FANILY SUPPORT 002106 SUPPORT 190-2140
8~.50
82.50
45378 09/18/97 002413 DALEY & HEFT
JULY LEGAL SERVICES - CLAIHS 300-199-999-52~6
438.86
45379 09/18/97 DGI41NGUEZ, DANIELLE REFUND:MUSIC FOR TODDLERS 190-183-4982
40.00
45380 09/18/97 001380 E S I EHPLOYHENT SERVIC TEHP HELP C2)WE 8/15 DGNAHGE 001-161-999-5118
45381 09/18/97 00?.390 EASTERN MUNICIPAL gATER DIEGO DR LDSC -HATER SERVICE 193-180-999-5240
2,705.14
575.35
2,705.14
575.35
45382 09/18/97 002802 ELLZS GN(XP, INC. JUL CONSULTING LEGAL SERVICES 001-130-999-5250
4538~ 09/18/97 00?.802 ELLIS GROUP, INC. JUL CONSULTING LEGAL SERVICES 001-130-999-5250
45382 09/18/97 00?.802 ELLIS GROUP, INC. AUG CONSULTING LEGAL SERVICES 001-130-999-5250
45383 09/18/97 002128
ENGINEERING VENTURES, I
AUG PROF SRVCS-SIDEUALK INPROV
4538~ 09/18/97 002809 EXPERIAN CREDIT APR FGN RDA
45385 09/18/97 FAILDE, ARLENE
45386 09/18/97 000165
45386 09/18/97 000165
45386 09/18/97 OOO165
45386 09/18/97 000165
45386 09/18/97 000165
45386 09/18/97 000165
45386 09/18/97 000165
45386 09/18/97 000165
45386 09/18/97 OOO165
45386 09/18/97 000165
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC.
FEDEUL EXPRESS, INC.
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, iNC.
FEDERAL EXPRESS, iNC.
FEDERAL EXPRESS, iNC.
FEDERAL EXPRESS, iNC.
FIRE SAFETY TRUST
45387 09/18/97
REFUND:HUSIC FOR TODDLERS
EXPRESS HAiL SERVICES
EXPRESS HAIL SERVICES
EXPRESS HAIL SERVICES
EXPRESS HAIL SERViCES
EXPRESS HAIL SERViCES
EXPRESS HAIL SERVICES
EXPRESS HAiL SERVICES
EXPRESS HAiL SERVICES
EXPRESS HAiL SERVICES
EXPRESS HAiL SERVICES
FIRE PREV ODURSE:H.VINDSOR
210-165-677-5802
280-199-999-5250
190-183-4982
001-16~-60~-5230
001-162-999-5230
280-199-999-5230
001-126-999-5230
001-150-999-5230
280-199-999-5230
001-1280
190-180-999-5230
280-199-999-5230
001-162-999-5230
001-171-999-5261
3,185.00
2,860.00
3,925.00
2,598.75
50.00
40.00
9.69
~8.08
12.24
6.50
9.69
11.00
8.93
8.75
6.50
37.95
70.00
9,970.00
2,598.75
50.00
40.00
159.~
70.00
VOUCHRE2
09/18/97
VOUCHER/
CHECK
WILBER
45388
45389
45389
45389
4539O
4539O
45391
45392
45392
45393
45394
45395
45395
45395
45396
45396
45397
45397
45397
45397
45397
45397
45397
4539?
45398
45399
45400
45401
45402
45403
45404
45404
45404
45404
45404
11:29
CHECK
DATE
09118/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09118/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09118197
09118197
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
CITY OF TEHECULA
VOUCHER/CHECK REGISTER
FOIl ALL PERIODS
VENOOR VEIIOOR ITEN ACCOUNT ]TEN
'NUI4BER NN4E DESCRIPTION NUI4BER AHOLINT
000166
000166
000166
001135
001135
002894
000643
000643
000184
00018~
00018~
001355
001355
000177
000177
000177
000177
OOO177
000177
OO0177
000177
O0O178
001~8
000166
OO2O98
FIRESTOHE, JOHN F.
FIRST AHERICAN TITLE CO
FIRST A/4ERICAN TITLE CO
FIRST AHERICAN TITLE CO
FIRST CARE INDUSTRIAL N
FIRST CARE INDUSTRIAL N
FONTES, JOHNSON & ASSOC
FORTNER HARDIdARE, INC.
FORTNER HARDWARE, INC.
FRED PRYOR SEH]NARS
FRED ROTH~ WATER TRU
G T E CALIFORNIA - PAYN
G T E CALIFORNIA - PAYN
G T E CALZFORN]A - PAY'H
G T E CALIFORNIA, INC.
G T E CALIFORNIA, INC.
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRCOUCT
GLENNZES OFFICE PR~OUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GOLDEN STATE TRADING CO
HANK I4OHLE & ASSOCIATES
HANKS HARDtMRE, INC.
HANSON & ASS(X:]ATES
HARNON, JUOY
I~LISE OF HOTORCYCLES
REFUND:CHNiGE IN PERNIT
001-2660
LOT BOOK REPORT:O.T. BANK BLDG Z80-199-999-5250
LOT BCOK REPORT:HAHIMNG 165-199-999-5250
LOT BOG~ REPORT:PENNINGTOR 165-199-999-5250
PRE-EHPLOYHENT PHYSICALS 001-150-999-5250
CREDIT:OVERCHARGE ON FLU SHOTS 001-150-999-5250
RESIDENTIAL REVIEW APPRAISALS 165-199-999-5250
HAINTENANCE SUPPLIES - PARKS
NISC SUPPLIES FOR P.W. CREW
19O-180-999-5212
001-164-601-5218
G~R/USAGE SEN:H.SAHA 10/14 001-164-602-5261
REFUND:LAUOHLZN TRIP
190-183-4966
909-506-1941-AUG-TFJ4 TOMI ASN.
909-699-0590-AUG-TEN TGMi ASN.
909-699-2811-AUG-GENERAL USAGE
320-199-999-5208
320-199-999-5208
320-199-999-5208
OPEN LINE TO RIVERSIDE COUNTY 320-199-999-5~8
OPEN LINE TO RIVERSZDE COUNTY $20-199-999-5208
NISC. OFFICE SUPPLIES
MISC. OFFICE SUPPLIES
HXSC. OFFICE SUPPLIES
OFFICE SUPPLIES - BLDG& SAFETY
OFFICE SUPPLIES
GENERAL SUPPLIES FOR CRC
OFFICE SUPPLIES - ~ $RVC$
NlSC COHPtJTER SUPPLIES
001-110-999-5220
001-120-999-5220
001-140-999-5220
O01-162-999-5220
190-183-999-5310
190-182-999-5220
190-180-999-5220
320-199-999-5221
HiSt CONPUTER SUPPLIES
320-199-999-5221
AUG PROF SRVCS-TRAFFIC COUNTS 210-165-667-5802
NISC HARDWARE SUPPLIES
001-164-601-5218
(2)VINYL COATED TABLE TOPS 190-180-999-5212
TCSD INSTRUCTOR EARNINGS
190-183-999-5330
REPAIR OF POLICE HOTORCYCLES 001-170-999-521&
345.00
150.00
150.00
150.00
425.00
36.00-
250.00
69.44
56.85
125.00
25.00
54.54
52.73
1,662.83
350.00
315.00
164.20
77.68
133.73
203.45
155.28
11 .&O
689.76
18~.&9
738.70
2,500.00
51
/,69.50
520.64
56.23
] C N A RETIREIIENT TRUS 000194 DEF ODHP 001-2080 1,588.82.
! C N A RETIREHENT TRUS 000194 DEF COHP 165-2080 18.?S
] C N A RETIREHENT TRLIS 000194 DEF CONP 190-2080 493.75
I C N A RETIRENENT TRUS 000194 DEF ODNP 193-2080 15.61
] C # A RETIREHENT TRUS 00o194 DEF CONP 280-2080 6.25
PAGE 4
CHECK
AHQU~T '
3~5.00
450.00
389.00
250.00
126.29
125.00
25.00
1,770.10
665.00
1,621.99
738.70
2,500.00
51.6~
~)9.50
520.64
56.23
VOUCHRE2
09/18/97 11:29
VtXJCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NtJMBER NAME
4540~ 09/18/97 00019~ I C # A RET]REHE#T TRUS
45405 09/18/97 001407 INTER VALLEY PCX)L SUPPL
454O6 09/18/97 OOO199 INTERNAL REVENUE SERVIC
4540? 09/18/97 JARVIS, CHRISTINE
45408 09/18/97 000203 JOBS AVAILABLE, INC.
45409 09/18/97 KEEN ,KATIE
45410 09/18/97 00224~ KEIRSEY, CYNTHIA
45411 09/18/97 001667 KELLY TEMI)(~4RY SERVICE
45411 09/18/97 001667 KELLY TEMPORARY SERVICE
45411 09/18/97 001667 KELLY TEHPORARY SERVICE
45411 09/18/97 001667 KELLY TEHPOIL4RY SERVICE
45412 09/18/97 KELLY, TOHId]E
45413 09/18/97 002023 KING, WENDE
45414 00/18/97 000380 LAIDLAg TRANSIT, INC.
45415 09/18/97 LANG, BETH
45416 09/18/97 001115 LAURENCE, P.E., A.C.
45417 09/18/97 002282 LIEBER, CAROM
45418 09/18/97 LIEBZEIT. LESLIE
45419 09/18/97 002929 M & M AIR CONDITIONING
45420 09/18/97 000553 NA61C MOUNTAIN
45421 09/18/97 002632 NAIL BORES ETC.
45422 09/18/97 MCCLURE, MICHELE
45423 09/18/97 00138/, MINUTEMAN PRESS
45423 09/18/97 00138~ MINUTEMAN PRESS
45424 09/18/97 002548 I~RIS SR., STEWART M.
45425 09/18/97 HOSE, TINA
45426
45427
09/18/97 0007'27 NATIONAL FIRE PROTECTIO
09/18/97 002292 OASIS VENDING
CITY OF TEHECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
000194 DEF COHP
POOL SANITIZING CHEMICALS
000199 IRS OARN
REFUND:BABY GAMES
ADVERTISING-NAINT SUPERVISUR
REFUND:MUSIC FOR BABIES
TUITION REIMB:SCACEO CLASSES
TEMP HELP W/E 8/31CHIJDY
TEMP HELP W/E 8/31CHUDY
TEMP HELP ~/E 8/31 MILES
TENP HELP ~/E 8/31 MILES
REFUND:KINDERGARTEN ART
TCSD INSTRUCTGIt EARNINGS
S.D. ICE ARENA-DAY CAHP TRIP
REFUND:KINDEROARTEN ART
AUTOCAD-MARG/SOLANOSIONAL
TCSD INSTRI. K:TUR EARNINGS
REFUND:BABY GAMES
RESIDENTIAL IMPRVMBT:~HITE,A.
AUG TICKET SALES
AUG DAILY NAIL DELIVERY
REFUHD: SWI!OlIHG LESSONS
CORRECTION NOTICE FOR 8&S
8USINESS CARDS:K.CUHHINGS
TCSO INSTRUCTOR EARNINGS
REIMB:TRAVEL COST-SR. ACCTNT
NAT;L FIRE CODE KS SUBSCRIPT
COFFEE/VENDINGSERVIC:ES
ACCOUNT
NUMBER
34,0-2080
190-182-999-5212
001-2140
190-183-4982
001-150-999-5254
190-183-4982
001-162-999- 5261
001-163-999-5118
001-164-604-5118
001-163-999-5118
001-164-604-5118
190-1~3-4982
190-183-999-5~J0
190-183-999-53~0
190-183-4982
210-165-651-5802
190-183-099-5330
190-183-&982
165-199-813-580~
190-183-4980
330-199-999-5230
190-183-4975
001-162-999-5272
001-162-999-5222
190-183-999-5330
001-140-999-57.60
001-171-999-5228
3~0-199-701-5250
ITEM
AI~T
~.14
337.47
310.O6
29.00
64.80
40.00
200.00
140.40
91.00
2~.00
31.50
201.~
31.50
1,000.00
1~.00
1,~0.00
239.40
115.50
~.00
41.21
112.00
149.50
450.00
414.~
PAGE 5
CHECK
AM(3UNT
2,201.32
337.47
310.06
29.00
64.80
40.00
200.00
551.20
31.50
201.60
346.83
31.50
1,000.00
160.00
29.00
1,400.00
239.40
115.50
109.&6
112.00
149.50
450.00
414.69
VOUCHRE2
09118/97
VOUCHER/
CHECK
NUImER
45428
45429
45429
45430
45431
45432
454~
11:29
CHECK
DATE
09118/97
09118/97
09/18/97
09/18/97
09/18/97
09118/97
09/18/97
002105
002105
001354
002216
001243
CIDDO, KATHY
OLD TOMI TIRE & SERVICE
OLD TGMi TIRE & SERVICE
P C MAGAZINE
p F C UNLZNITED
PALMQUIST, NARY
PARRA, JARILYN
CITY OF TEHECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
REFUND: BABY GAHES
CITY VEHICLE REPAIRS & NAINT
CITY VEHICLE REPAIRS & NAINT
CCXqPUTER MAG&ZINE SUBSCRIPTION
REPAIR CRC CASHIER'S WlNDOb/
TCSD INSTRUCTOR EARNINGS
REFUND: SUIHNZNG LESSOtIS
45434 09/18/97 000246 PERS (EMPLOYEES' RETIRE 00O2~6 PEPS PET
45434 09/18/97 000246 PERS (EMPLOYEES' RETZRE 00O2~6 PERS RET
45434 09/18/97 00O2~6 PERS CEI4PLOYEES' RETIRE 000246 PEPS RET
45434 09/18/97 00O2~6 PERS ¢ENPLOYEES' RETIRE 000246 PEPS PET
45434 09/18/97 0002~6 PERS (EHPLOYEES' RETIRE 00O2~6 PERS RET
45434 09/18/97 000246 PERS (EHPLOYEES' RETIRE 000246 PERS RET
45434 09/18/97 000246 PERS (EHPLOYEES' RETIRE 000246 PERS RET
45434 09/18/97 00O2~6 PERS (EMPLOYEES' RETIRE 00O2~6 PERS RET
45434 09/18/97 009246 PERS ¢EI4PLOYEES' RETIRE 000246 PERS RET
45434 09/18/97 00O246 PERS (EMPLOYEES' RETIRE 000246 PERS RET
45434 09/18/97 00O2~6 PERS (EHPLOYEES' RETIRE 0002~6 PERS RET
45434 09/18/97 00O246 PERS (EHPLOYEES' RETIRE 00O246 PERS-PRE
45434 09/18/97 00O2~6 PERS (EMPLOYEES' RETIRE 00O246 SURVIVOR
45434 09/18/97 000246 PERS (EHPLOYEES' RETIRE 000246 SURVIVOR
45454 09/18/97 000246 PEPS CEHPLOYEES' RETIRE 000246 SUNVIVOR
45434 09/18/97 00O246 PERS CEHPLOYEES' RETIRE 000246 SURVIVOR
45434 09/18/97 000246 PERS CEMPLOYEES' RETIRE 000246 SURVIVOR
45434 09/18/97 000246 PEPS CEHPLOYEES' RETIRE 000246 SURVIVOR
45434 09/18/97 000246 PERS CEHPLOYEES' RETIRE 000246 SURVIVOR
45434 09/18/97 000246 PERS CEILDLOYEES' RETIRE 000246 SURVIVOR
45454 09/18/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR
&5434 09/18/97 000246 PERS (EK°LOYEES' RETIRE 000246 SURVIVOR
45434 09/18/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR
45435 09/18/97 001958 PERS LONG TERN CARE PRO 001958 PERS L-T
PETER-BUILT HC~4ES/PACIT
PETERSOR, IMRY
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
OO279O
45436
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
45437
454~
454~
45438
45~
454~
454~
454~
454~
000249
OOO249
000249
00O2&9
OO0249
000249
OOO249
000249
4th DRAU FOR STAGE STOP
REFUND: GROUP GOLF LESSOIlS
PETTY CASH REIMBURSEHENT
PETTY CASH REIHBURSEHENT
PETTY CASH REIMBURSEMENT
PETTY CASH RE]I4BURSEHENT
PETTY CASH REIMBURSEHENT
PETTY CASH REIHBURSEHENT
PETTY CASH REIHBURSEHENT
PETTY CASH REIHBURSEHENT
ACCOUNT
NUHBER
190-18~-4982
001-16~-601-5214
190-180-999-521&
320-199-999-5228
190-182-999-5212
190-1~3-9e9-533o
190-183-4982
001-2390
165-2390
190-2390
191
1~2-2390
193-2390
194-2390
280-2390
300-2390
32o-239o
340-2390
001-2130
001-2390
165-2390
191-2390
192-2390
280-2390
300-2390
320-2390
340-2390
001-2122
280-1520
190-183-4982
001-101-099-5280
001-161-999-5263
001-101-999-5280
001-110-99i)-5260
001-101-999-5280
001-161-9e9-5260
001-100-999-5260
280-199-999-5200
ITEM
ANOUNT
29.00
1,0~.15
196.29
29.97
242.~
333.60
40.00
16,636.39
664.40
3,179.52
11 .O2
27.21
331.16
16~.05
765.91
76.76
551.6~
223.55
313.17
73.11
1.75
13.85
.05
.14
1.54
.84
2.&3
./6
1.86
1.25
49.85
14,999.86
50.00
35.05
16.96
18.69
23.65
4~
24.26
30.00
18.21
PAGE 6
CHE~
AJ40UfiT
29.00
1,240.44
29.97
242.44
333.60
~0.00
23,0~,2.06
49.85
14,999.86
50.09
VOUCHRE2
09/18/97
VOUCHER/
CHECK
NIJNBER
45438
45438
45438
45438
45438
45438
45438
45438
45438
45438
45438
454~
454~
454~
45438
45438
45438
45438
45438
45438
45438
45438
45438
45438
45438
45438
45438
45438
4544O
45441
45441
45441
45441
45441
45442
45442
45443
45444
45444
45444
45444
45444
45444
45444
45444
11:29
CHECK
DATE
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
O9118197
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
O9/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/1.8/97
09/18/97
09118/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
VEIN)OR
NUI4BER
OO0249
OO0249
OOO249
OOO249
000249
OOO249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000253
OOO253
000253
000253
000253
000254
000254
002110
002776
002776
002776
002776
002776
002776
002776
0027/6
002776
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY rASH
PETTY CASH
PETTY CASH
PETTY CA.SH
PETTY CASH
PETTY CASH
POLICE EXEC. RESEARCH F
POSTIMSTER
POSTIMSTER
POSTI4ASTER
POSTHASTER
POSTIMSTER
PRESS-ENTERPRISE COHPAN
PRESS-ENTERPRISE CO#PAN
PRIME EQUIPMENT
PRIKE HATRIX, INC.
PRIKE MATRIX, INC.
PRIHE HATRIX, INC.
PRIHE HATR!X, INC.
PRIHE IMTRIX, INC.
PRIHE HATRIX, INC.
PRIKE HATRIX, INC.
PRIHE HATRIX, INC.
PRIKE HATRIX, INC.
CITY OF TEHGCULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEH
DESCRIPTION
PETTY CASH REIHBURSEHENT
PETTY CASH REIMBURSEHENT
PETTY CASH REIHBURS~HENT
PETTY CASH REIHBURSEHENT
PETTY CASH REIHBIJRSEKENT
PETTY CASH REIMBURSEKENT
PETTY CASH REIKEIJRSEHENT
PETTY CASH REIHBURSEKENT
PETTY CASH REIHBURSEKENT
PETTY CASH REIHBURSEKENT
PETTY CASH REIMBURSEKENT
PETTY CASH REIMBURSEKENT
PETTY CASH REIHBURSEKENT
PETTY CASH REIHBURSEHENT
PETTY CASH REII4BURSEKENT
PETTY CASH REIHBURSEKENT
PETTY CASH REIMBURSEHENT
PETTY CASH REIHBURSEHENT
PETTY CASH REIKEURSEKENT
PETTY CASH REIMBURSEHENT
PETTY CASH REIMBURSEKENT
PETTY CASH REIMBURSEKENT
PETTY CASH REIHBURSEKENT
PETTY CASH REIHBURSEKENT
PETTY CASH REIMBURSEKENT
PETTY CASH REIMBURSEHENT
PETTY CASH REIMBURSEHENT
PETTY CASH REIKEURSEHENT
POP CF:SGT ALH-OFCR Mlk'E:11/15
EXPRESS HAIL & POSTAL SERVS
EXPRESS HAIL & POSTAL SERVS
EXPRESS HAlL & POSTAL SERVS
EXPRESS HAIL & POSTAL SERVS
EXPRESS HAIL & POSTAL SERVS
PUBLICE NOTICE: 97-14
PUBLIC NOTICE: 97-13
EQUIP RENTAL FOR PU HAINT CREV
SC-5001317-6 JS
SC-5001:339-0 KL
SC-5002361-3 PB
SC-5001383-8 RR
SC-5001322-6 RB
SC-5001375-4 dG
SC-50013T3-9 TE
SC-5001207-9 BB
SC-5003835-5 BLAZER
ACCOUNT
NUMBER
001-120-999-5222
190-180-999-5222
190-180-999-5260
001-164-604-572)0
001-140-999-5220
001-140-999-5260
001 - 140-999-5260
190-183-999-5340
001-140-999-5250
001-150-999-5265
001-150-099- 5260
190-1~-999-5301
001-1M-601-5214
100-184-999-5301
001-100-999-5260
190-182-099-5212
190-180-099-5260
001-161-099-5260
001-170-999-5242
001 - 140-090-5220
001-164-601-5214
001-164-601- 5242
001-162-999-5260
001-161-999-5214
001-161-999-5220
001 - 150-099-5222
001 - 120-999-5~.
001-140-999-5222
001-170-999-5261
001-165-999-5230
001-164-604-5230
001-120-999-5230
001-161-999-5230
001-161-099-5230
001-120-999-5256
001-120-999-5256
001-164-601-5238
001-100-09~-52OR
001-100-909-52OR
001-100-999-5208
001-100-099-5208
001-110-999-5208
001-120-999-5208
001-162-999-5208
001-164-601-5208
001-164-601-5208
ITEM
AMOUNT
5.39
5.39
32.09
1.50
13.12
16.14
39.47
50.00
34.02
17.59
17.34
32.93
12.59
41.32
35.00
50.69
20.00
25.75
37.70
10.71
14.20
30.74
20.00
8.43
9.67
9.06
13.58
7.55
770.00
11.95
10.75
32.25
52.09
4.81
7.50
7.75
794.81
61.39
47.51
38.32
39.32
51.70
32.78
49.95
58.88
64.96
PAGE 7
CHECK
N40UNT
823.24
770.00
111.85
15.25
794.81
VCUCHRE2
09/18/97
VCUCHER/
CHECK
NUHBER
45444
45444
45444
45444
45444
454~4
45444
45444
45444
45444
45444
45/45
45~46
45446
45~46
45446
45447
45447
45447
45447
45447
45448
45448
45448
45448
45448
45448
45448
45448
45~9
45450
45451
45451
45451
45452
45453
45453
45453
45453
45453
45453
45453
11:29
CHECK
DATE
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/10/97
09118/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
09/18/97
VEHOOR
NUHBER
002776
002776
002776
002776
002776
00277'6
002776
002776
002776
002776
002776
OOO635
0009~7
0009~7
000947
000947
000262
OOO262
OOO262
OOO262
000262
OOO9O7
OOO9O7
OOO90?
OOO9O7
OOO9O7
OOO9O7
000907
000907
001500
001365
000815
000815
000815
002034
NAFE
PRIFE HATRIX, INC.
PRIME HATRIX, INC.
PRIFE HATRIX, INC.
PRIME HATRIX, INC.
PRIME HATRIX, 'INC.
PRZFE IMTRIX, INC.
PRZFE HATRIX, INC.
PRIFE IMTRIX, INC.
PRIME IMTRIX, INC.
PRIME HATRIX, INC.
PRIME IMTRIX, INC.
R & J PARTY PALACE
RANCHO BELL BLUEPRINT C
RANCHO BELL BLUEPRINT C
RANCHO BELL BLUEPRINT C
RANCHO BELL BLUEPRINT C
RANCHO CALIFORNIA UATER
RANCHO CALIFORNIA UATER
RANCHO CALIFORNIA UATER
RANCHO CALIFORNIA UATER
RANCHO CALIFORNIA WATER
RANCHO CAR UASH
RANCHO CAR UASH
RANCHO CAR WASH
RANCHO CAR WASH
RANCHO CAR LIASH
RANCHO CAR UASH
RANCHO CAR UASH
RANCHO CAR UASH
REGIONAL TRAINING CENTE
RIVERSIDE CO. ENVIRONHE
RC~LEY, CATHERINE
RC~LEY, CATHERINE
RO~.EY, CATHER]BE
SAN DIEGO, CITY OF
SECURE BUSINESS COlI, IUNI
SECURE BUSINESS COMMUNI
SECURE BUSINESS CCII4UNI
SECURE BUSINESS COHI4UN!
SECURE BUSINESS COMMUNI
SECURE BUSINESS COMMUN!
SECURE BUSINESS COMIIJId]
CITY OF TEHECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
SC-5001237-6
SC-5001220-2 IPd HAINT
SC-5001251-7 KH
SC-5001348-1 ~
SC-50013~9-9 TCSD POOL TRUC~
SC-5001367-1 SN
SC-5001377-0 SR VAR
SC-5002330-8 CITY VAN
SC-5001202-0 INF SYS
SC-50039&8-6 INFO SYS
SC-5002401-7 TH
RAR-B-QUE FOR SR CENTER EVENT
BLUEPRINTS'TRAFFIC SIGNAL
BLUEPRINT'TRAFFIC SIGNAL
BLUEPRINT FOR RANCHO CAL/Z-15
BLUEPRINTS AND NISC SUPPLIES
01-06-30205-0 SIXTH ST
01-06-30206-0 SIXTH ST
VARIOUS WATER FETERS
VARIOUS UATER FETERS
VARIOUS UATER FETERS
VEHICLE DETAILING & NAINT.
VEHICLE DETAILING & HAINT.
VEHICLE DETAILING & HAINT.
VEHICLE DETAILING & HAINT,
VEHICLE DETAILING & HAINT.
VEHICLE DETAIUNG & HAINT.
VEHICLE DETAILING & NAINT.
VEHICLE DETAILING & NAINT.
BASIC GRAMHAR REVIEU 10/21/97
TCC HEALTH PER#IT-Z8816 PUJOL
TCSO INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSO INSTRUCTOR EARNINGS
PLAINT GN POLICE RADIOS
15 DEG TOP HODULE UEDGE
14' TOP HCX)ULE
SIDE PANELS
END TOP PANEL
SIDE PANEL FOR BASE UNIT
SHELF
FREIGHT
ACCOUNT
NUMBER
001-164-604-5208
001-164-601-5208
190-180-999-5208
190-180-999-5208
190-180-999-5208
190-180-999-5208
190-180-999-5208
190-180-999-5208
320-199-999-5208
320-199-999-5208
320-199-999-5208
190-181-999-5301
210-165-640-580~
210-165-640-5804
210-165-601-580~
330-199-999-5220
001-16~-603-5240
001-164-603-52&0
190-180-999-52&0
191-180-999-5240
193-180-999-52&0
001-162-999-5214
3~0-199-fi)1-5214
001-163-099-5214
001-163-999-5263
001-161-999-5214
001-161-999-5263
001-164-604-5214
190-180-999-5214
190-180-999-5261
190-180-999-5250
19o-183-999-533o
19o-183-999-533o
190-183-999-5330
001-170-999-5215
320-199-999-5242
320-199-999-52&2
320-199-999-5242
320-199-999-5242
320-199-999-5242
320-199-999-5242
320-199-999-5242
ITEM
M4GUNT
43.64
43.80
~..02
67.22
52.18
76.~9
3~.32
27.72
80.42
27.72
40.74
85.0~
18.13
7.25
2,33~.38
43.10
60.60
31.56
1,554.71
241.55
2,356.89
50.00
5.00
20.00
8.86
12.95
13.90
5.00
10.00
95.00
326. O0
240.00
120.00
180.00
37.57
19~.00
4~2
94.00
42.00
108.00
52. O0
75.00
PAGE 8
CHECK
AHOUNT
983.38
85.0~
2,402.86
4,245.31
125.71
95.00
326. O0
540.00
37.57
VIXJCHRE2 CiTY OF TEIdECULA
09/18/97 11:Z9 VOUCHER/CHECK REGISTER
FO~ ALL PERI(X)S
PAGE
VOUCHER/
CHECK CHECK VENDOR VENDOR iTEM
NUMBER DATE NLIff~ER NAME DESCRiPTioN
ACCOUNT
NUIdBER
iTEM
AMOUNT
CHECK
AMOUNT
45453 09/18/97 00238~ SECURE BUSINESS C(~i SALES TAX
320-199-999- 5242
;2.23
1,079.23
45454 09/18/97 000519 S~UTH COUNTY PEST CONTR PEST CONTROL SERVICES - CRC
45454 0~/18/97 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVZCES - TCC
190-182-~99-5250
190-18~-999-5250
42.00
~.00
TS.00
45455 09/18/97 000537
45455 09/18/97 000537
45455 09/18/97 000537
SOUTHERN CALIF EDISON
SOUTHERN CALIF EDISON
SOUTHERN CALIF EDISON
2-00-397-5059 VARIOUS HETERS
2-02-351-5281 RANCHO VISTA
2-02-351-6800 VARIOUS METERS
45456 09/18/97 001:'12 SOUTHERN CALIF GAS 00MP 021 725 0775 SR CENTER
45456 09/18/97 001212 ~WTHERN CALIF GAS 00MP 0~1 0:)4 9300 CRC
45456 09/18/97 001212 SOUTHERN CALIF GAS CONP 101 525 0950 TCC
45456 09/18/97 001212 SOUTHERN CALIF GAS CC~P 133 I)&O 7'37'3 CITY HALL
19<)- 180-999-5:)40
190-18:)-999-5:)40
191-180-999-5240
190-181-999-52&0
190-182-999-5:)40
190-18~-999-52~
340-199-701-5:)40
17,790.12
5,217.16
45.11
23.76
149.79
:)5.93
21.58
23,052.39
221.06
45457 09/18/97 000303 SYSTEM Z/90 PANEL MOUNT NAHEPLATES 340-199-701-5250
45457 09/18/97 000303 SYSTEM 2/90 MINUS 10~ DISCOUNT 340-199-701-5250
45457 09/18/97 000303 SYSTEM 2/90 FREIGHT 340-199-701-5250
45457 09/18/97 000303 SYSTEM 2/90 SALES TAX 340-199-701-5250
96.00
9.60-
4.00
6.70
97.10
45458 09/18/97 002177 TENECULA SISTER CITIES RECEPTION:MAYOR OF VOONBIJRG 001-101-999-5:)80
108.43
108.43
45459 09/18/97 000307 TENE00LA TROPHY CO.
45459 09/18/97 000307 TENESULA TROPHY 00.
ENGRAVED CLOCK - SISTER CITIES 001-101-999-5280
SALES TAX 001-101-999-5280
94.20
7.30
101.50
45460 09/18/97 002769 T00D'S FENCING
RESIDENTIAL IMPORV PROGRM:BASS 165-199-813-580~
45461 09/18/97 002875 TRAFFIC CONTROL SERVICE NI$C NAINT SUPPLIES FOR PI/ 001-164-601-5218
45~61 09/18/97 002875 TRAFFIC CONTROL SERVICE SALES TAX 001-164-601-5218
45462 09/18/97 002580 TRUELINE
PALA PARK/TENNiS COURT REPAIR 190-160-999-5212
1,485.62
519.00
40.22
1,585.00
4~ 09/18/97 001065 U S C M /PEBS00 (DEF. C 001065 DEF 00MP 001-2080 3,514.03
45~ 09/18/97 001065 U S C M /PEBS00 (DEF. C 001065 DEF C:(X~P 165-2080 181.50
45~)3 09/18/97 001065 U S C M /PEBS00 (DEF. C 001065 DEF 00MP 190-:)080 1,074.31
45463 09/18/97 001065 U S C M /PEBS00 (DEF. C 001065 DEF C~P 192-2080 .75
45463 09/18/97 001065 U S C M /PEB$00 (DEF. C 0010~5 DEF ~ 193-2080 6.23
45/~3 09/18/97 0010~5 U $ C M /PEBS00 (DEF. C 0010~5 DEF CONP 194-2080 85.63
45663 09/18/97 0010~5 U S C M /PEB$CO (DEF. C 001065 DEF ~ Z80-2080 348.16
45~63 0~/18/97 001065 U S C M /PEBS00 (DEF. C 001065 DEF cQqP 300-2080 5.00
45~ 0~/18/97 0010~5 U S C # /PEBSCO (DEF. C 0010~5 DEF 00NP 320-2080 56:).50
45Z~3 09/18/97 001065 U $ C # /PEBS00 (DEF. C 001065 DEF ~ 340-Z080 1.50
454~, 09/18/97 000389 U $ C # /PEBS00 COBRA) 000389 PT RETIR 001-:)160 491.50
4546~ 09/18/97 000~ U s C M /PEBSCO C(~RA) 000389 PT RETIR 165-:)160 107.64
45666 09/18/97 ~ U S C M /PEBS00 (O~A) 000389 PT RETIR 190-21~0 1,000.?,?.
45464 09/18/97 000389 U S C M /PEBS00 (OBRA) 000389 PT RETIR 193-:)160 19.10
4546~ 09/18/97 000389 U S ¢ M /PEBSCO (ORRA) 000389 PT RETZR ~80-2160 40.92
45464 09/18/97 000389 U S C M /PEBS00 ¢ORRA) 000389 PT RETIR 340-2160 49.14
45465 09118/97 002396
U S LONG DISTANCE, INC.
LONG DISTANCE TELE00N PROVIDER 320-19~-~-5208
1,314.49
1,485.6:)
559.22
1,585.00
1,708.52
1,314.49
VOUCHRE2
09/18/97 11:29
VOUCHER/
CHECK CHECK VEI~
NUMBER DATE NUMBER
45466 09/18/97 000325
45466 09/18/97 000325
45466 0~/18/97 000325
45467 09/18/97 0007~2
45468 09/18/97 002566
45468 09/18/97 002566
45469 09/18/97
45470 09/18/97 001342
4547'0 09/18/97 001342
45470 09/18/97 001342
45470 09/18/97 001342
45470 09/18/97 001342
45470 09/18/97 001342
45470 09/18/97 001342
45471 09/18/97 002109
45472 09/18/97 000.%5
NN4E
UNITED VAY
UNITED gAY
UNITED VAY
UNIVERSITY OF CA:RVSD E
VALLEY MICRO COHPt. ITERS
VM. LEY MICRO COMPUTERS
VISCOXI, CINDY
t, IAXIE SARITARY SUPPLY,
IMXlE GARITARY SUPPLY,
VAXIE S~iITARY SUPPLY,
VAXIE S&NITARY SUPPLY,
WAXIE SANITARY SUPPLY,
VAXIE EANITARY SUPPLY,
IMXlE SANITARY ~LIPPLY,
~HITE CAP
XEROX COXPORATIOX BILLI
CITY OF TEHECULA
VOUCHER/CHECK REGISTER
FCR ALL PERISOS
ITEM
DESCRIPTION
UL/
000325 U~
000325 U~
INNOVATIVE RESEARCH CF:9/16-17
MISC COMPUTER SUPPLIES
MISC COMPUTER SUPPLIES
REFUND: KINDERGYM CLASS
MAINT SUPPLIES - CITY HALL
BLDG HAINT SUPPLIES - CRC
HAINT SUPPLIES - SR CENTER
NAINT SUPPLIES - TC~D PARKS
MAINT StJPPLIES - TCC
NAINTENARCE SUPPLIES - CRC
MAINTENANCE SUPPLIES - SR CNTR
MAINT SUPPLIES FOR I~ MAINT
COPIER SUPPLIES FOX CITY HALL
ACCOUNT
NUMBER
OOl-2120
165-2120
190-2120
2OO- 199-999-5270
320-1~9-999-5221
320-199-999-5221
190-183-498Z
340-199-701-5212
190-182-999-5212
190-181-999-5212
190-180-999-5212
190-104-999-5212
190-182-999-5212
190-181-999-5212
001-16~-601-5218
330-199-999-5220
ITEM
N~UNT
97.00
5.OO
17.00
500.00
13
48.49
33.00
1~8.19
110.01
228.30
270.45
121.04
304.40
156.88
110.90
PAGE 10
CHECK
AMOUNT
119.00
500.00
62.44
33.00
1,339.27
110.90
667.OO
TOTAL CHECKS 227,758.19
VOUCHRE2 PAGE 8
09/25/97 13:27
CITY OF TE#ECULA
VOUCHER/CHECK REGISTER
F~ ALL PER]00S
FUND TITLE
001 6EliERAL FUND
120 DEVELOPgENT INPACT FUND
165 RDA DEV- LOWgOD SET ASIDE
190 CO#NUNITY ~RVICE$ DISTRICT
191 TCSD SERVICE LEVEL A
TC~ SERVICE LEVEL C
210 CAPITAL INPROVE#ENT PROd FUND
280 REDEVELOPgENT AGENCY - CIP
INFORI4ATION SYSTENS
SUPPORT SERVICES
FACILITIES
TOTAL
AHOUNT
42,427.65
8,9i'0.9&
3,375.6?
10,~22.70
12,869.61
7,898.99
25,878.88
12,5~6.50
7,5&l.Z3
6,9~.35
6,183.19
1~5,043.71
VOUCHRE2
09/25/97
VOUCHER/
CHECK
NIJHBER
45473
45474
4547~
45478
45478
45478
45479
45479
45480
45481
45482
45482
45482
4548~
45484
45485
45486
45487
45487
45488
45489
45489
45490
45491
45492
45492
45492
45493
45493
45494
45495
13:27
CHECK
DATE
09/19/97
09/23/97
09/24/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
O9/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09125197
09/~5/97
O9/25/97
0~125197
0~125197
09/25/97
09125197
09/25/97
09/25/97
VENDOR VENDOR
NUHBER NANE
0022/~ KEIRSEY, CYNTHIA
002072
RANCHO CAL[F WATER DIST
000740 PICCA DELl
ACCOMODEX
ACCOMODEX iNC
ACCOMODEX INC
002847 ARERICAN CABINET CONPAR
002847 ARERXCAN CABINET CONPAN
0001~5 ASCON HASLER MAILING SY
000122 B S N SPORTS
000~22 BANTA ELECTRIC-REFRIGER
BANTA ELECTRIC-REFR[GER
BANTA ELECTRIC-REFRIGER
BARRY, DESIREE
002093 BERRYMAN AND HENIGAR
002878 BUSINESS INFORHATIOR SY
0020~9 BUTTERFIELD ENTERPRISES
002938 CALBIO SUMMIT '"97
002938 CAL810 SIJN#IT "97
000152 CALIFORNIA PARKS & RECR
000135 CENTRAL CITIES SION SER
000135 CENTRAL CITIES SION $ER
001555 CHRISTOPHERSON FIRE PRO
002037 CON-AID, INC.
001193 CONP USA, INC.
001193 CONP USA, INC.
001193 CONP USA, INC.
CRAFTON HILLS COLLEGE
CRAFTOR HILLS COLLEGE
0029~4 CUllINGS, KHRISTI
000518 DEL RIO CARE ANIMAL HOS
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
TUITION REINB:SCACEO CLASSES
WTR METER DEPOSIT:VIA EDVARDO
OLD TI,/N ENTERTAINMENT PRJT MTG
REFUND:PUBLIC FACILITY DEPOSIT
REFUND=PUBLIC FACILITY DEPOSIT
REFUND:PUBLIC FACILITY DEPOSIT
ST;I~ - BUTCHER BLOCK ISLAND
$Tf~ o MAILBOXES
POSTAGE METER RENTAL QTR 2
SPORTS&TEEN GAHE AREA EGUIPHNT
MAINT FACILITY INSTALL A/C
ELECTRICAL SERVICES - PARKS
ELECTRICAL SERVICES - PARKS
REFUND:PARK RENTALS
AUG PROF SRVCS-PAVEMENT MGMT
COMPUTER TRAINING:8/26 & 8/28
SEPT RESTROOH RENTAL OLD TOUN
CITY BOOTH SPONSORSHIP 10/09
CITY BOOTH SPONSORSHIP 10/09
JOB ANNOUNCEMENT IN CPRS
NISC SIGNS & HARDWARE
NISC SIGNS & HARDgARE
FIRE SYSTEM SERVICE - T.C.C.
#ZSC REPAIR & MAINT OF EQUIP
COMPUTER TRAiN]NG:7/29 & 9/15
COMPUTER TRAINING:7/Z9 & 9/15
COHPUTER TRAINING (6) DATES
COLLEGE FEES FIRE PREV CLASS
COLLEGE FEES FIRE PREV CLASS
REIMB:FIRE INSP. CLASSES/BOOKS
POLZCE K-9 MEDICAL TREATMENT
ACCOUNT
NUMBER
001-162-999-5261
210-165-6~8-580~
001-110-999-5260
120-2~80
120-199-4242
120-199-4245
210-190-626-5610
210-190-626-5610
330-199-999-5239
190-182-999-5301
340-199-702-5250
190-180-999-5212
190-180-~-5212
190-183-4988
210-165-669-5802
320-1~-99~-5261
280-199-~9-5212
280-199-999-5270
280-1270
190-180-999-5254
001-1(~-~01-52~
001-1(~-601-52~4
199-184-9~-5250
320-199-999-5215
320-199-999-5261
320-199-99¢)-5261
320-199-999-5261
001-171-~-5261
001-171-g99-5261
001-171-999-5261
001-178-~-5327
ITEM
A~XINT
200.00
9,600.00
43.10
10,000.00
4,9/~.. 14-
790. O0
360. O0
218.19
23.16
4,385.00
59. O0
150.00
40.00
2,7'96.66
1,200. O0
826. O0
1,000. O0
2,000.00
106.25
318.94
96.98
79.01
331.87
130.00
900.00
600.00
36.00
36.00
341.16
38.73
PAGE 1
CHECK
AMOUNT
200.00
9,600.00
43.10
4,767.94
1,150.00
218.19
23.16
4,594.00
40.00
2,1'96.66
1,200.00
826.00
3,000.00
106.25
415.92
79.01
331.87
1,630.OO
341.16
VOUCHRE2
09/25/97
VOUCHER/
CHECK
NUMBER
45496
45497
45498
45499
45500
45500
45500
45501
45502
45502
45503
45503
45503
45503
45503
45503
45503
45504
45504
45504
45505
45505
45506
45506
45506
45506
455O6
45507
45508
45509
45509
45509
45509
45510
45510
45510
45510
13:27
CHECK
DATE
09125197
09/25/97
09125197
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09125197
09125197
09125197
09125/97
09/25/97
09125197
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09125197
09125/97
09125/97
09125/97
O9125/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09~25~97
09/25/97
09~25/97
VENDOR
NUMBER
002922
001669
001380
001380
001380
002189
002060
002060
001056
001056
001056
001056
001056
001056
001056
000165
000165
000165
0O0184.
000184
000184
00018~
0O018~
002545
OOO351
000351
000351
00O351
000192
000192
000192
000192
VENDOR
NAME
DIANA, PRINCESS OF WALE
DOT CITY
DOUBLE D PIPELINE, INC.
DUNN EDWARDS CORPORATIO
E S Z EMPLOYMENT SERVIC
E S I EMPLOYMENT GERVIC
E S I EMPLOYMENT $ERVIC
EL CHICANO
EUROPEAN DELl & CATERIN
EUROPEAN DELl & CATERIN
EXCEL LANDSCAPE
EXCEL LANDSCAPE
EXCEL LANDSCAPE
EXCEL LANDSCAPE
EXCEL LANDSCAPE
EXCEL LANOSCAPE
EXCEL LANDSCAPE
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC.
FIRE SAFETY TRUST
FIRE SAFETY TRUST
G T E CALIFORNIA - PAYM
G T E CALIFORNIA - PAYH
G T E CALIFORNIA ' PAYM
G T E CALIFORNIA ' PAYM
G T E CALIFORNIA - PAYM
G. T. TUCKER, INC
GAMBLE, MARK S.
GILLISS, MAX C.M.
GILLISS, MAX C.M.
GILLISS, MAX C.M.
GILLISS, MAX C.N.
GLOBAL COMPUTER $UPPLIE
GLOBAL COMPUTER SUPPLIE
GLOBAL COMPUTER SUPPLIE
GLOBAL COMPUTER $UPPLIE
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERI(lOS
ITEM
DESCRIPTION
DONATION:DI,PRINCE$S OF WALES
LG PRINT/BRAILLE INFOR RE:TCED
REPAIR BROKEN HYDRANT AT CRC
RECYCLED PAINT:GRAFFITI REMOVL
TEMP HELP (2)g/E 8/29 DORAHOE
TEMP HELP (2)W/E 9/12 DGNAHGE
TEM~-HELP (2)W/E 9/12 J.DIAZ
PUBLIC NOTICE:INVITING BIDS
CATERING'R.CREEK APTS EVENT
CATERING'R.CREEK APTS EVENT
REMOVE bEEDS 8 YNEZ/JOSEPH RD
R.C.SPORTS PARK:SPRAY CHANNEL
ROTARY P~K LDSC IMPROVEMENTS
SADDLEI, K)OD REPAIR MAINLINE
SIGNET SERIES-REPAIR HAINLINE
WINCH. CREEK-REPAIR MAINLINE
SAN HICKS PLANT LANDSCAPING
EXPRESS HAlL SERVICES
EXPRESS NAIL SERVICES
EXPRESS MAIL SERVICES
FIRE PREV CLASS:WINDSCR DEC/JA
FIRE PREV CLASS:WINDSOR:NOV/DE
909-197-5072-SEP-GENERAL USAGE
909-676-0783-JUL-GENERAL USAGE
909-676-6243-SEP-PALA COMH PRK
909-699-137'O-AUG-CABOOSE
909-699-8632-SEP-GENERAL USAGE
REFUNO:PARK RENTALS
TCED INSTRUCTOR EARNINGS
AUG CONSULTING SERVICES
AUG CONSULTING SERVICES
JUL CONSULTING SERVICES
JULY CONSULTING SERVICES
HP INKJET CARTRIDGES BLACK
HP INKJET CARTRIDGES CYAN
HP INKJET CARTRIDGES YELLO~
HP INKJET CARTRIDGES MAGENTA
ACCOUNT
NLAtmER
001-100-999-5250
190-180-~-5228
190-182-999-5250
001-16~-601-5218
001-161-999-5118
001-161-999-5118
001-140-999-5118
001-120-999-5256
280-199-999-5250
165-199-999-5250
190-180-999-5~15
190-180-999-5212
190-180-999-5415
193-180-999-5212
193-180-999-5212
193-180-~-5212
190-180-999-5415
0Ol- 140-999-5230
001-162-999-5230
?.80-199-999-5230
001-171-9~-5261
001-171-999-5261
320-199-999-5208
320-199-999-5208
320-199-999-5208
001-110-999-57.2.1
320-1~9-~9-5208
190-183-4988
190-183-999-5330
001-110-999-5248
001-16~-604-5248
001-110-999-5248
001-16~-604-5248
320-1~-~-5221
320-1~-~-5221
320-1~-~-5221
320-1~-~-5221
ITEM
AMOUNT
100.00
43.10
310.00
85.82
1,824.10
2,160.89
1,719.62
231.00
~80.00
850.00
2?5. O0
183.43
229.95
?5.73
435.00
33.25
21.50
27.25
70.00
70.00
2,678.14
60.59
27.26
124.2.8
27.49
62.00
352.80
1,000.00
1,000.00
1,000.00
1,000.00
119.95
141.25
141.25
141.25
PAGE 2
CHECK
AMOUNT
100.00
43.10
310.00
85.82
5,704.61
231.00
127.76
2,529.11
82.00
140.00
2,917.76
62.00
352.80
4,000.00
VOLICHRE2 CITY OF TEMECULA
09/25/97 13:27 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
45510 09/Z5/97 000192 GLOBAL COMPUTER SUPPLIE HP INKJET CARTRIDGES BLACK 320-199-999-5221
45510 09/25/97 000192 GLOBAL COMPUTER SUPPLIE NP INKdET CARTRIDGES COLOR 320-199-999-5221
45510 09/25/97 000192 GLOBAL COMPUTER SUPPLIE HP INKJET CARTRIDGES BLACK 320-199-999-5221
45510 09/25/97 000192 GLOBAL COMPUTER SUPPLIE HP INKJET CARTRIDGES COLOR 320-199-999-5221
45510 09/25/97 000192 GLOBAL COMPUTER SUPPLIE FREIGHT 320-199-999-5221
45510 09/25/97 000192 GLOBAL CUMPUTER SUPPLIE SALES TAX 320-199-999-5221
77.07
.83.85
7&.97
85.50
20.19
68.29
953.57
&5511 09/25/97 001609 GREATER ALARM CUMPARY, ALARM MONITORING i POLICE SUB 001-170-999-5229
45511 09/25/97 001609 GREATER ALARM C(~PANY, GTR 2 ALARM SRVCS FOR CABOOSE 001-110-999-5223
45511 09/25/97 001609 GREATER ALARM COMPANY, ALARM MONZTOR]NG 8 SKATE PRK 190-180-999-5250
55.50
75.00
105.00
235.50
45512 09/25/97 002174 GROUP 1 PRODUCTIONS TENECULA O.N.E. VIDEO 280-199-999-5250
45512 09/25/~7 002174 GROUP I PRODUCTIONS TENECULA O.N.E. VIDEO 165-19~-999-5250
45512 09/25/97 002174 GROUP 1 PRODUCTIONS RANCHO CREEK/6TH ST PRKG VIDEO 165-199-999-5250
237.50
237.50
150.00
625.00
45513 09/25/97 001517 HEALTH & HUMAN RESOURCE EMPLOYEE ASSISTANCE PRGM
001-150-999-5250
372.75
372.75
45514 09/25/97 002098 HOUSE OF NOTORCYCLES REPAIR OF POLICE MOTORCYCLES 001-170-999-5214
45514 09/25/97 002098 HOUSE OF MOTORCYCLES REPAIR OF POLICE MOTORCYCLES 001-170-999-5214
136.08
101.23
237.31
45515 09/25/97 001069 HYDRO TEK SYSTEMS PARTS NEEDED FOR PCRaER UASHER 001-16~-601-5242
45515 09/25/97 001069 HYDRO TEK SYSTEMS FREIGHT 001-16~-601-5242
45515 09/25/97 001069 HYORO TEK SYSTENS SALES TAX 001-16~-601-5242
41.46
3.35
3.21
48.02
45516 09/25/97 001390 IMAGE k~ATCHES, INC. CITY LOGO UATCHES 001-150-999-5265
45516 09/25/97 001390 IMAGE k~ATCHES, INC. CITY LOGO UATCHES OO1-101-999-5280
45516 09/25/97 001390 IMAGE k~ATCHE$, INC. CITY LOGO UATCHES 001-1170
45517 09/25/97 001570 INFORMATION FOR PUBLIC CAL LEG & REG NTM( REPORTING 320-199-999-5228
398.78
398.78
562.59
600.00
1,360.15
600.00
45518 09/25/97 002726 INLAND EMPIRE BUSINESS SEM:I~MEN IN BUS.10/17 UINBERL 001-161-999-5261
79.00
79.00
45519 09/25/97 002424 KELLEY DISPLAY, INC
45519 09/25/97 002424 KELLEY DISPLAY, INC
CLEANING/STORAGE:CITY BANNERS
CITY BANNER PROGEAN
280-199-999-5270
280-199-999-5270
45520 09/25/97 OO1667 KELLY TEMPORARY SERVICE TEMP HELP ~/E 9/7 CHUOY 001-163-999-5118
45520 09/25/97 001667 KELLY TEMPORARY SERVICE TEMP HELP U/E 9/7 CHUOY 001-16~-60~-5118
45520 09/25/97 001667 KELLY TEMPORARY SERVICE TENP HELP U/E 9/7 MILES 001-163-999-5118
45520 09/25/97 001667 KELLY TEMPORARY SERVICE TENP HELP U/E 9/7 MILES 001-16~-60~-5118
45520 09/25/97 001667 KELLY TEMPOP. ARY SERVICE TENP HELP U/E 9/7 SCHNECK 001-165-999-5118
45521 OO125197 000205 KIDS PARTIES, ETC. ENTERTAINNENT-HEALTH FAIR 9/20 190-18~-999-5301
45522 09/25/97 00020~ KINKO'S, INC. STATIONERY PAPER/NISC SUPPLIES 190-180-999-5222
45522 09/25/97' 000206 KINKO'S, INC. HiSt COPYING NEEDS - TCSD 190-180-999-5222
45522 09/25/97 000206 KINKO'S, INC. STATIONERY PAPER/NISC SUPPLIES 190-183-999-5370
45523 09/25/97 002187 LAKE ELSINORE ANIMAL FR AUG ANIMAL CONTROL SERVICES 001-172-999-5255
45524 09/25/97 002397 LANDMARK/CALIFORNIA STA FINAL RETENTION TO ESCROU ACCT 210-1035
375.00
4,158.52
93.60
280.80
54.60
163.a0
320.30
215.00
7.27
31.14
29.03
4,201.58
6,185.~6
4,533.52
913.10
215.00
67.~
4,201.58
6,185.~6
VOUCHRE2
09/25/97
VOUCHER/
CHECK
NUMBER
45525
45525
45526
45526
45527
45528
45529
45530
45530
45530
45530
45531
45531
45532
45533
45533
45534
45535
45535
45536
45536
45537
45537
45538
45538
45538
45538
45538
45538
45539
45540
45540
45540
45540
13:27
CHECK
DATE
O9125197
O9/25197
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
O9125197
O9/25/97
09125/97
09125197
09/25/97
09/25/97
09/25/97
09125197
09125/97
09/25/97
09/25/97
09/25/97
O9125197
09125197
O9/25/97
09/25/97
09125197
09125/97
09125/97
09/25/97
09125197
09125/97
09/25/97
09/25/97
09/25/97
09/25/97
09125/97
· VENDOR
NUMBER
002863
002863
000213
001905
0009~
0009~
0009~
0009~
000228
000228
00088~
002033
002033
002139
002139
002516
00~516
0O1383
001383
002406
0024O6
002&06
002406
002406
002406
002331
OO058O
000580
000580
000580
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR ITEM ACCOUNT
NAME DESCRIPTION NUMBER
LATIN ANERICAN
LATIN ANERICAR
REFUND:SEC.DEPOSIT/ROOR RENTAL
REFUND:SEC.DEPOSIT/RODM RENTAL
LNdsuN PRODUCTS, INC
LAUSON PRODUCTS, INC
LOCAL GOVERNMENT COMMIS
MISC. NUTS & BOLTS FOR lag
2 - SETS DRILL BITS NEEDED
NEMBERSHIP:G.THORNNZLL 97/98
HAGENHElM, HAODALEHA REFUND: S~IMNING LESSONS
MEYERS, DAVID gILLIAN TCSO INSTRUCTOR EARNINGS
MIRACLE RECREATION EQUI
MIRACLE RECREATION EQUl
MIRACLE RECREATION EaU[
MIRACLE RECREATION EaUI
ENCLOSURE FOR TWISTER SLIDE
RIDER HANDLE COVERS PART
FREIGHT
SALES TAX
NOBIL IREDIT FINANCE CO FUEL FOR CITY VEHICLES
NONIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES
NONTELEONE EXCAVATING OUTLET END OF STORM DRAIN
NATIONAL CRIME PREVENTZ CRIME PREVENTION POLY BAGS
NATIONAL CRIME PREVENT] FREIGHT
NICOLOSl, CHERYL
REFUND: SWIMMING LESSONS
NORTH CSUNTY TIMES * AT DISPLYAD - OLD TOLaI POSITION
NORTH COUNTY TIMES - AT CONSTRUCTION UPOATES;CIP PRJTS
ORGANIZERS PLUS
ORGANIZERS PLUS
RECORFIGURE OFFICE FURNITURE
RECORFIgJRE OFFICE FURNITURE
P M g ASSOCIATES, INC. AUG RDA CONSULTING SERVS
P N W ASSOCIATES, INC. AUG RDA CONSULTING SERVS
PACIFIC BUSINESS INTERI
PACIFIC BUSINESS INTER]
PACIFIC BUSINESS INTERI
PACIFIC BUSINESS INTERI
PACIFIC BUSINESS INTERI
PACIFIC BUSINESS INTERI
RDA DEPT REMODELING/FURNITURE
RDA DEPT REMODELING/FURNITURE
RACETRACK CF TABLE:PIO/U STATIO
RDA DEPT REMODELING/FURNITURE
RDA DEPT RENODELING/FURNZTURE
IREDIT:~RNG SIZE TABLE:PRKW
PEP BOYS INC
MISC PLAINT SUPPLIES-PWMAINT
PHOTO WORKS
PHOTO IKXU(S
PHOTO UORKS
PHOTO MORKS
FILM & PHOTO DEVELOPING
PHOTOS OF RANCHO IREEK APTS
FILM & PHOTO DEVELOPING
PHOTO SUPPLIES:RECREATION
190-2900
190-183-4990
001-16~-601-5218
001-16A-601-5242
001 - 161-999-5226
190-183-4975
190-183-999-5330
190-1BO-999-5212
190-180-999-5212
190-180-999-5212
190-180-999-5212
001-161-999-5263
001-170-999-5262
001-164-601-5&01
001-170-999-5292
001-170-999-5292
1~0-183-4975
001-120-999-5228
001-165-999-5256
3&0-199-701-5219
001-161-999-5250
165-199-999-52~8
280-199-999-5?.~8
165-199-999-5601
280-199-~99-5601
210-1990
165-199-999-5601
280-199-999-5601
210-1990
001-16~-601-5218
001-110-999-5250
165-199-999-5250
001-163-999-5250
190-180-~-5301
ITEM
AMOUNT
100.00
73.75
79.51
268.97
50.00
25. O0
70~. O0
70.00
15.00
15.00
6.60
13.50
117.80
4,500.00
420.00
28.18
55.00
40.25
253.59
895.00
80.81
2,554.62
851.54
105.06
315.17
1,071.0~
75.00
225.00
810.28-
112.51
27.55
189.61
29.54
60.35
PAGE
CHECK
AMOUNT
173.75
348.48
50.00
25.00
704.00
131.30
4,500.00
A48.18
55.00
293.8&
975.81
3,406.16
9BO.99
112.51
307.05
45541 09/25/97 002354 POSITIVE PRONOTIONS CRIME PREVENTION COLORING BOOK 001-170-999-5292 520.00
VOUCHRE2
09/25/97
VOUCHER/
CHECK
NLMBER
45541
45541
45541
45542
45542
45542
45542
45542
45542
45542
45543
45544
45544
45544
45544
45544
45544
45545
45545
45545
45545
45545
45546
45547
45547
45548
45548
45548
45548
45548
45548
45549
45550
45551
45552
45553
45554
13:27
CHECK
DATE
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09125/97
09125197
09125/97
09125/97
09/25/97
09/25/97
09/25/97
O9/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
O9/25/97
09/25/97
09/25/97
O9/25/97
09/25/97
09125197
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
VENDOR
NUMBER
002354
002354
002354
000254
000254
000254
000254
000254
000254
000254
001264
002776
002776
002776
002776
002776
002776
000255
000255
OOO255
000255
000255
002612
OOO?.6O
OOO26O
000262
000262
000262
OOO262
0OO262
O00262
000~26
OO29O7
000266
000/.18
001592
POSITIVE PRCAqC)TIORS
POSITIVE PRCXqOTIORS
POSITIVE PROMOTIONS
PRESS-ENTERPRISE CORPAN
PRESS-ENTERPRISE CONPAN
PRESS-ENTERPRISE CONPAN
PRESS-ENTERPRISE COMPAN
PRESS-ENTERPRISE CONPAN
PRESS-ENTERPRiSE COMPAN
PRESS-ENTERPRISE CONPAN
PRICE COSTCO, INC.
PRIME MATRIX, INC.
PRIME MATRIX, INC.
PRIME MATRIX, INC.
PRIME MATRIX, INC.
PRIME MATRIX, INC.
PRIME MATRIX, INC.
PRO LOCK & KEY
PRO LOCK & KEY
PRO LOCK & KEY
PRO LOCK & KEY
PRO LOCK & KEY
RADIO SHACK, INC.
RAN-TEC RUBBER STAMP HF
RAN-TEC RUBBER STAMP HF
RANCHO CALIFORNIA gATER
RANCHO CALIFORNIA WATER
RANCHO CALIFORNIA WATER
RANCHO CALIFORNIA WATER
RANCHO CALIFORNIA WATER
RANCHO CALIFORNIA WATER
RANCHO INDUSTRIAL SUPPL
REINHART'FONTES ASSOC.,
RICltMOND AMERICAN
RIGHTk~Y
RIVERSIDE CO. CLERK & R
RIVERSIDE CO. INFORNATI
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEH
DESCRIPTIOR
CRIME PREVENTION STICKER ROLES
PRESS SET UP CHARGE
FREIGHT
PUBLIC NOTICE: PA97-0235
PUBLIC NOTICE: PA97-0036
PUBLIC NOTICE: MINORS
PUBLIC NOTICE: 97-15
PUBLIC NOTICE: PA97-0170
PUBLIC NOTICE: 2830g
PUBLIC NOTICE: PA97-0160
MECHANICS CREEPER FOR FIRE OPT
SC-5001391-1 GR
SC-5001215-2 GT
SC-500137'9-6 JH
SC-56001278-0 S~
SC-50001206-1 HP
SC-5001218-6 MJM
A.D.A. RETRO-FIT - CITY HALL
LABOR
TRIP CHARGE
SALES TAX
LOCKSMITH SERVICES - CRC
MISC COMPUTER SUPPLIES
VARIOUS OFFICE STANPS-FIRE DPT
SALES TAX
01-06-84860-5 PUJOL ST
01-02-98000-0 PRION STATION
01-02-98010-0 PRKVW STATION
VARIOUS WATER METERS
VARZOUS WATER METERS
VARIOUS WATER METERS
MISC JANITORIAL SUPPLIES
COMM PROP APPRAISAL:FRONT ST
REFUND: OVRPlqT PERMIT B97-1543
TOILET RENTAL:RIVERTOR PRK
APERTURE CARDS DUPLICATES
AUG EMERG RADIO:CODE ENFORCENN
ACCOUNT
NLMBER
001-170-999-5292
001-170-999-5292
001-170-999-5292
001-161-999-5256
001-120-999-5256
001-120-999-5256
001-120-999-5256
001-161-999-5256
001-120-999-5256
001-161-999-5256
001-171-99~-5242
001-140-999-5208
001-161-999-5208
001-16~-999-5208
001-16:1-999-5208
190-180-999-5208
280-199-999- 5208
:~0-199-701-5212
~0-199-701-5212
3~0-199-701-5212
340-199-701-5212
1~0-182-~99-5212
320-199-999-5221
001-171-999-5222
001-171-999-5227.
280-199-807-5804
001-171-999-5240
001-171-999-5240
190-180-999-5240
191-180-999-5240
193-180-999-5240
190-180-999-5212
280-199-999-5248
001-2660
190-180-999-5238
001-163-~9~-5220
001-162-999-5238
ITEM
AHOUNT
660.00
6.95
9/,. 40
18.00
23.00
5.75
9.25
18.25
25.75
25.75
215.46
44.39
35.05
?.35.09
139.15
39.38
216.10
596.00
80.00
25.00
46.19
35.00
32.31
123.00
9.53
50.54
11.34
352.43
2,889.23
54.28
7,409.88
66.95
2,200.00
1,200.00
62.89
5.00
155.91
PAGE 5
CHECK
AHOUNT
1,281.35
125.75
215.46
709.16
782.19
32.31
132.53
10,767.70
68.95
2,200.00
1,200.00
62.89
5.00
155.91
VOUCHRE2
09/25/97 13:27
CITY OF TE#ECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 6
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEN ACCOUNT
NUMBER DATE NUNBER NANE DESCRIPTION NUNBER
ITEH
AMOUNT
CHECK
ANOUNT
45555 09/25/97 000955 RIVERSIDE CO. SHERIFF-B JULY 97 SLICE PATROL 001-170-999-5326
45555 09/25/97 000955 RIVERSZDE CO. SHERIFF-B ALIGIJST 97 BIKE PATROL 001-170-999-5326
45556 09/25/97 000873 ROBERTS, RONALD H. LEAGUE OF CITIES CF:8/27-28/97 001-100-999-5258
2,520.00
4,242.00
35.00
6,762.00
35.00
45557 09/25/97 000278 SAN DIEGO UNION TRIBUNE RECRUITNENT AD:CIVIL ENGINEER 001-150-999-5254
359.31
359.31
45558 09/25/97 002486 SAN DIEGO, CITY OF REPAIR POLICE RAOAR
45559 09/25/97 SHIRLEY L. HAAS SCHOLAR IN NENORY OF SHIRLEY L. HAAS
001-178-9~-5215
001-101-9~-5285
125
50.00
125.48
50.00
45560 09/25/97 000645' SNART & FINAL, INC. SUPPLIES FOR SPECIAL EVENTS 190-183-999-5370
45560 09/25/97 000645 SMART & FINAL, INC. SUPPLIES FOR SPECIAL EVENTS 190-183-999-5378
8~.67
109.12
193.70
45561 09/25/97 000519 SOUTH COUNTY PEST CUNTR PEST CNTRL SERVS- $R CENTER 190-181-999-5250
29.00
29.00
45562 09/25/97 000537 SOUTHERN CALIF EDISON 2-07-626-6063 NANCHO VISTA SPR 191-180-999-5319
45562 09/25/97 000537 SOUTHERN CALIF EDISON 2-01-202-7603 VARIOUS NETERS 191-180-999-5319
45562 09/25/97 000537 GOUTHERN CALIF EDISON 2'05-791-8807 VARIOUS METERS 001-171-999-5240
45562 09/25/97 000537 SOUTHERN CALIF EDISON 2-05-791-8807 VARIOUS METERS 191-180-999-5319
45562 09/25/97 000537 SOUTHERN CALIF EDISON 56-77-755-5997-01 UNCHSTR RO 191-180-999-5319
45562 09/25/97 000537 SOUTHERN CALIF EDISON 56-77-755-5999-01 gNCHSTR RO 191-180-999-5319
14.88
7,706.41
1,202.7~
4,721.27
172.14
200.63
14,018.12
45563 09/25/97 001212 SOUTHERN CALIF GAS CONP 095 167 7907 FIRE STATION 001-171-999-5240
45564 09/25/97 $TEN#ETT, VILNA
REFUND: FACILITY ROON RENTAL 190-18~-49~0
30.00
30.00
45565 09/25/97 002150 SUNNIT SAFETY PRODUCTS FIRST AID SUPPLIES - CRC
190-182-99~-5301
64.65
64.65
45566 09/25/97 TANNER, JEFFREY & KINBE REFUND:PUbLIC FACILIN DEPOSIT 120-2680
45566 09/25/97 TANNER, JEFFREY & KINBE REFUND:PUBLIC FACILI# DEPOSIT 120-199-4242
45566 09/25/97 TANNER, JEFFREY & KINBE REFUND:PUBLIC FACILI# DEPOSIT 120-199-42&5
10,000.00
5,478.00-
319.00-
4,203.00
45567 09/25/97 002686 TECH HARKETING GRAPHICS ARTUORK FON HOLIDAY EVENTS
45567 09/25/97 002686 TECH K4JUCETING GRAPHICS ARTUORK FOR THE SKATE PARK
190-183-999-5370
190-183-999-5305
150.00
150.00
300.00
45568 09/25/97 001672 TEHECULA DRAIN SERV & P PLUNBIN6 SERVICES g CITY PRK$ 190-180-999-5212
45568 09/25/97 001672 TENECULA DNAIN $ERV & P PLUMBING SERVICES - TCC 190-184-999-5212
45568 09/25/97 001672 TEHECULA DRAIN SERV & P PLUM!lING SERVICES g S.H. PRK 190-180-999-5212
45568 09/25/97 001672 TENECULA DRAIN SERV & P PLLINBING SERVICES g K.H. PRK 190-180-999-5212
45568 09/25/97 001672 TEMECULA DRAIN SERV & P PLUMBING SERVICES - CRC 190-182-999-5212
45568 09/25/97 001672 TENECULA DRAIN SERV & P PLUMBING SERVICES - CRC 190-182-999-5212
47. O0
63.00
143.00
7~.00
97.00
47~.00
45569 09/25/97 000905 TEMECULA SHUTTLE SERVIC TRANSPORTATION FOR SR PRGHS 190-181-999-5301
45569 09/25/97 000905 TENECULA SHUTTLE $ERVIC TRANSPORTATION FOR SR PRGll 190-181-999-5301
45569 09/25/97 000905 TENECULA SHUTTLE SERVIC CREDIT:INVOICE EXCEEDS P.O. 190-181-999-5301
?.30.GO
210.00
60.00-
400.00
45570 09/25/97 000314 TEMECULA VALLEY NUSEUN CHAPEL:SECURITY SYS/SK]RTING 210-190-808-5804
45570 09/25/97 000:114 TEMECULA VALLEY NUSEUN CHAPEL:MAIN ENTRY STEPS/LDSP 210-190-808-5804
45570 09/25/97 000314 TEMECULA VALLEY MUSEUM JTK CONST:CHAPEL TELPHONE LINE 210-190-808-580~
1,606.00
3,800.00
4~80.00
5,886.00
VOUCHRE2
09/25/97
VOUCHER/
CHECK
NUMBER
&5571
45572
&5572
45572
45572
45573
45573
45573
45573
45573
45574
45575
45576
45576
45577
45578
45578
45578
45578
45578
45578
45578
45578
45578
45578
45578
45578
45578
45578
45578
13:27
CHECK
DATE
09/25/97
09125197
O9/25/97
09125197
09125197
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09/25/97
09125197
O9/25/97
09/25/97
09/25/97
09/25/97
09/25/97
002111
002065
002065
002065
002065
OOO326
000326
000326
000326
000~26
002850
000332
OO189O
001890
000341
000345
000345
000345
000345
000345
OOO345
000345
~5
~5
000~5
~0~5
~0~5
000~5
0~5
000~5
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR ITEM ACCOUNT
NAME DESCRIPTION NUMBER
TOGO'S
UNISOURCE
UNIBOURCE
UNISOURCE
UNISOURCE
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNIVERSITY OF CALIF:L.A
VANDORPE CHOU ASSOCIATI
VONTEX DOORS
VORTEX DOORS
WILLDAN ASSOCIATES, INC.
XEROX CORPORATION BILL!
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPOPATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
CATERING FOR TE#ECULA ONE 6/26 001-110-999-5223
11X17 WHITE COPY PAPER
3-PART NOR PAPER
28# LASER PAPER FOR COLOR XERO
SALES TAX
330-199-999-5220
330-199-999-5220
330-199-999-5220
330-199-999-5220
UNIFORM RENTAL SERVS:TCSD
FLOOR NAT RENTAL 8 CRC
FLOOR NAT RENTAL:BE CENTER
FLOOR NAT RENTAL FOR TCC
FLOOR NAT RENTAL:SEPT SERVS
190-180-ggg-5243
190-180-999-5243
190-180-999-5265
190-180-99g-5243
190-180-999-5263
ASSESS DIST F]NANCE CF:10/29 190-180-999-5260
AUGUST 97 PLAN CHECK SERVS 001-162-999-5248
REPAIRS TO DOORS g CRC 190'182'999'5212
REPAIRS TO MEN'S RR DOOR 8 CRC 340-199'701'5250
IN HOUSE PLAN CHECKER
001-162-999-5118
JUL 5765 COLOR COPIER USAGE
BLACK TONER FOR COLOR XEROX
YELLO~ TONER FOR COLOR XEROX
MAGENTA TONER FOR COLOR XEROX
BLUE TONER FOR COLOR XEROX
SALES TAX
dUL LEASE OF 5021 COPIER a CRC
JUL LEASE FOR 5100A COPIER
JUL LEASE FOR 5100A COPIER
JUL LEASE FOR 5100A COPIER
AUG LEASE OF 5021 COPIER a CRC
AUG LEASE OF 5100A COPIER
AUG LEASE OF 5100A COPIER
AUG LEASE OF 5100A COPIER
AUG LEASE OF 5100A COPIER
330-199-999- 5239
330 - 199 - 999 - 5220
330-199- 999 - 5220
330-199-9~- 5220
330-199-999-5220
330-199-999-5220
190-182-999-5239
330-2800
330-199-999-5391
330-199-999-5391
190-182-999-5239
330 - 2800
330-199-999-5391
330-199-999-5391
330-199-999-5391
ITEM
AMOUNT
146.00
167.90
223.68
41.67
107.30
181.90
78.08
100.37
62.76
225.00
2,722.90
166.78
156.00
2,176.00
1,143.06
198.00
248. O0
124.00
126.00
53.79
67.08
1,534.61
529.49
55.93
67.08
1,5~.56
529.49
45.97
.01
PAGE 7
CHECK
AMOUNT
579.25
530.41
225.00
2,722.90
322.78
2,176.00
6,265.07
TOTAL CHECKS 145,1~3.71
VOUCHRE2 PAGE 3
09/25/97 13:50
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE
001 GE#ERAL FU#D
190 C~NHU#[TY SERVICES DZSTR[CT
210 CAPITAL IHPROVENE#T PROJ FUND
280 REDEVELOPHE#T AGENCY - CIP
INSURANCE FUND
SUPPORT SERVICES
AHOU#T
367,501.78
6,844.93
31,593.05
90,417.37
19,57.8.70
8,370.17
TOTAL 524,256.00
VOUCHRE2
09/25/97
VOUCHER/
CHECK
NUMBER
45581
45582
45583
45584
45584
45585
45585
45585
45585
45585
45585
45585
45585
45586
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45587
45588
45588
45588
45588
45588
45588
13:50
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
CHECK VENDOR VENDOR ITEM ACCOUNT
DATE NUMBER NAME DESCRIPTION NUMBER
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
001916
002869
002900
001013
001013
000437
000437
000437
000437
000437
000437
000437
000437
000230
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
002412
000406
000406
000406
000406
OO0406
0OO4O6
ALBERT A. MEBB ASSOCIAT
CROSSROADS SOFTWARE
DANIEL, MANN, JOHNSON
HINDERLITER de LLAMAS A
HINDERLITER de LLAMAS A
MORELAND & ASSOCIATES
MORELAND & ASSOCIATES
MORELAND & ASSOCIATES
MORELAND & ASSOCIATES
MORELAND & ASSOCIATES
MORELAND & ASSOCIATES
MORELANO &ASSOCIATES
MORELARD & ASSOCIATES
NUNI FINANCIAL SERVICES
RICHARDS, MATSON & GERS
RICHARDS, MATSON & GERS
RICHARDS, MATRON & GER$
RICHARDS, MATSON & GERS
RICHARDS, MATSON & GElIS
RICHARDS, MATSON & GERS
RICHARDS, MATSON & GERS
RICHARDS, MATSON & GERS
RICHARDS, MATSON &GERS
RICHARDS, k~TSON & GERS
RICHARDS, MATSON & GERS
RICHARDS, kLRTSON & GERS
RICHARDS, MATSOM & GERS
RICHARDS, WATSOM & GERS
RICHARDS, MATSON & GERS
RICHARDS, kLRTSON & GERS
RICHARDS, MATSON & GERS
RICHARDS, MATSON & GERS
RICHARDS, MATSON & GERS
RICHARDS, MATSON & GERS
RICHARDS, MATSON & GERS
RICHARD$~ WATSON & GER$
RICHARDS, MATSON & GERS
RICHARDS, MATSON & GER$
RIVERSIDE CO. SNERIFF'S
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CO. SHERIFF~S
RIVERSIDE CO. SHER]FF~S
RIVERSIDE CO. SHER]FF~S
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
NAY-JUL PROF SRVCS-STREETSCAPE 280-199-824-5804
TRAFFIC COLLISION DATABASE 001-164-602-5610
AUG PROF SRVCS-M[NCHESTER RD 210-165-68~-5802
3RD QUARTER CONTRACT SRVC FEES 001-140-999-5248
SALES TAX FINDERS FEE FY 97/98 001-140-999-5248
AUDIT SERVICES - CITY
AUDIT SERVICES - RDA
AUDIT SERVICES - SINGLE AUDIT
AUDIT SERVICES - CITY
AUDIT SERVICES - SINGLE
AUO[T SERVICES - RDA
AUDIT SERVS-OLD T~N HAINSTREET
TEMP HELP SR ACCT - BOARDNAN
001-140-999-5248
280-199-999-5248
001-140-999-5248
001-140-999-5248
001-140-999-5248
280-199-999-5248
280-1~-~-5248
001-140-~-5118
ASSESSMENT SERVS:JULY-SEPT 97 190-180-999-5370
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST LEGAL SERVICES-CLAIMS
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
AUGUST 97 LEGAL FEES
001 - 130-999-52~6
001 - 130-999- 52~
001-130-999-52~
190-180-999-5246
001 - 130-9~-5246
001-1280
001-130-999-52~6
001 - 130-999-5246
280-199-999-52~6
001 - 130-999-52~6
300-199-~-5246
001-130-999-5246
300-1270
300-199-999-52~6
001-1280
300-199-999- 5246
300-199-999-5246
001-130-~-52&6
001-130-99~- 52~6
001-130-999-5246
300-1~-9~9-5246
300-199-999-52~6
280-199-999-52~6
280-199-999-5246
&TH OF JULY LAM ENFORCE SERVS
JULY LAW ENFORCEMENT SERVICES
JULY LAM ENFORCE#ENT SERVICES
JULY LAW ENFORCEMENT SERVICES
JULY LAM ENFORCEMENT SERVICES
JULY LAM ENFORCEMENT SERVICES
001-170-999-5279
001-170-999-5288
001-170-999-5299
001-170-999-5298
001 - 170-999-529~
001-170-999-5289
ITEM
AMOUNT
48,175.00
5,969.35
31,260.96
900.00
4,427.46
2,425.00
650.00
650.00
15.85
350.00
350.00
2,869.00
4,253.75
5,495.26
9,0~.30
3,077.25
8,443.62
1,226.83
184.00
530.25
2,776.75
298.50
111.00
226.50
17.25
154.75
554.68
285.50
149.00
10,978.16
1,517.9~
1,638.25
1,~22.28
120.25
450.68
'5,724.50
2,131.00
379.25
5,268.47
185,708.35
40,466.40
18,978.80
9,591.40
5,510.56
PAGE I
CHECK
AMOUNT
48,175.00
5,969.35
31,260.96
5,327.46
11,563.60
5,495.26
51,702.~8
VOUCHRE2 PAGE 2
09/25/9? 13:50
VOUCHER/
CHECK
NLIIdlBER
45588
45588
45588
45588
45588
45588
45588
45588
45589
45589
45589
45589
45589
45589
45589
45589
4559O
45591
45591
45591
45591
45591
CHECK
DATE
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
10/07/97
VENDOR
NIJHBER
000~06
000~06
000406
000~06
000~06
000~06
000406
000406
002181
002181
002181
002181
002181
002181
002181
002181
002576
000:~5
000~5
000~5
000~5
000~5
VENDO~
NAHE
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CO. SHERIFF~S
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CO. SHERIFF~S
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CONSTRUCT]ON
RIVERSIDE CONSTRUCTION
RIVERSIDE CONSTRUCTZON
RIVERSIDE CONSTRUCTION
RIVERSIDE CONSTRUCTION
RIVERSIDE CONSTRUCTION
RIVERSIDE CONSTRUCTION
RIVERSIDE CONSTRUCTION
URBAN DESIGN STUDIO
XEROX CORPORATION BILL!
XEROX CORPORATION BILL]
XEROX CORPORATION BILL]
XEROX CORPORATION BILLI
XEROX CORPORATION BILL]
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEH
DESCRIPTION
JULY LAV ENFORCENENT SERVICES
JULY LAW ENFONCENENT ~ERVICES
JULY LAW ENFONCEHENT SERVICES
JULY LAW ENFONCEHENT SERVICES
JULY LAW ENFORCEMENT SERVICES
JULY LAW ENFORCEMENT SERVICES
dULY BOOKING FEES
CREDZT:SCHOOL RESOURCE OFFICER
CO~I& FOR WNCHSTR BRIDGE WIDEN
ODJl& FOR ~NCHSTR BRIDGE MZDEN
AUG PRGSS:~CHSTR BDGE/I-15
RETENTION:IaiCHER BRDG PRJT
CREDIT:ITEH ~32 NOT-COMPLETE
INVOICE EXCESSED THE CONTRACT
RETENTION:ITE# J32 NOT-COHPLET
REVERSE RETENTION:CH-970808 A
JUL DESZGN SERVS:SOUTHSIDE PLA
JUL LEASE C4)DC-35 & (1)53~3
JUL LEASE (4)DC-35 & (1)53~3
JUL LEASE ¢4)DC-35 & C1)53~3
JULY POOLED NAINT & SUPPLIES
JULY POOLED NAI#T & SUPPLIES
ACCOUNT
NUHBER
001-170-9~-5291
001-1230
001-170-99~-5781
001-170-~-5782
001-170-999-5262
001-170-99~-5279
001-170-99~-5275
001-170-999-5291
280-199-602-5804
280-199-602-580~
280-199-602-580~
780-2035
280-199-~02-5804
780-1~9-602-5804
?80 - 2035
210-7835
001-161-999-5248
330-7800
330-199-999-5391
330-199-999-5391
330-199-999-5217
190-182-99~-5217
ITEH
AMOUNT
3,219.92
3,219.92
28,101.88
2,784.00
14,260.57
3,875
6,292.80
12,294.24-
19,773.62
6,600.35
25,001.25
2,568.76-
6,750.00-
6,64.1.84-
337.50
332.09
5,200.00
2,468.96
870.79
85.93
4,9~.49
122.84
CHECK
A~OUNT
314,984.67
36,084.21
5,200.00
8,/~93.01
TOTAL CHECKS 524,256.00
ITEM
4
CITY ATTORNEY
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Genie Roberts, Director of Finance
October 7, 1997
City Treasurer's Report as of August 31, 1997
PREPARED BY:
Tim McDermott, Assistant Finan~ Director~
Jesse Diaz, Project Accountant
RECOMMENDATION:
as of August 31, 1997.
That the City Council receive and file the City Treasurer's Report
DISCUSSION: Reports to the City Council regarding the City's investment portfolio and
receipts, disbursements and fund balance are required by Government Code Sections 53646
and 41004 respectively. The City's investment portfolio is in compliance with Government
Code Sections 53601 and 53635 as of August 31, 1997.
FISCAL IMPACT: None
ATTACHMENTS: 1. City Treasurer's Report as of August 31, 1997
2. Schedule of Assets, Liabilities, and Fund Equity as of August 31,
1997
City of Temecula
City Treasure(s Report
As of August 31, 1997
Cash Activity for the Month of August:
Cash and Investments as of August 1,1997
Cash Receipts
Cash Disbursements
Cash and Investments as of August 31, 1997
50,457,480
2,830,226
(3,166,451)
50,121,255
Cash and Investments Portfolio:
Type of Investment
Petty Cash
General Checking
Sweep Account
(Money Market Account)
Benefit Demand Deposits
Local Agency Investment Fund
Retention Escrow Account
Checking Accounts
(Sherwood/Pujol Apartments)
Deterred Compensation Fund
Deferred Compensation Fund
Defined Contribution Fund
Trust Accounts-TCSD COPs
(Money Market Account)
Reserve Account-TCSD COPs
(Guaranteed Investment Contract)
Trust Accounts-RDA Bonds
(Money Market Account)
Resewe Account-RDA Bonds
(Guaranteed Investment Contract)
Institution
c~y
Union Bank
Union Bank
(Highmark U.S. Treasury)
Union Bank
State Treasurer
Landmark/California State
Home Savings of America
ICMA
PEBSCO
PEBSCO
FirstTrust(FirstAm. Traasury)
Bayerische Landesbank
First Trust (First Am. Treasury)
Bsyerieche Landasbank
Yield
4.690 %
5.690 %
5.250 %
5.010 %
6.870 %
5.010 %
7.400 %
Mstudty
Date (2)
Contractual/
Market
Value
Par/Book
Balance
$ 1,500 $ 1,500
(106,067) (106,067) (1)
173,163 173,163
6,648
36,509,436
215,698
4,322
412,332
617,860
70,083
17,771
502,690
10,246,899
1,448,920
6,648 (1)
36,509,436 (3)
215,698
4,322
412,332
617,860
70,083
17,771
502,690
10,246,899
1,448,920
50,121,255
(1)-This amount is net of outstanding checks.
(2)-All investments are liquid and currently available.
(3)-At August 31, 1997 total markst vallJe for the Local Agency Investment Fund (LAIF) was $28,458,998,362. The City's
proportionate share of that value is $36,689,282.
The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet
budgeted and actual expenditures of the City of Temecula for the next six months.
City of Temecula
Schedule of Assets, Liabilities, and Fund Balances
As of August 31, 1997
Assets:
Cash and investments
Receivables
Due from other funds
Land held for resale
Prepaid assets
Deposits
Fixed asse~net
City (1)
Community
Services Redevelopment
Dige'ict Agency
31,154,006 $ 2,110,322 $ 16,856,927 $
5,030,136 174,803 638,408
2,166,977 10,907
90,105
286,789
1,029,596
Total assets $ 39,757,609
2,103,053
Total
50,121,255
5,843,347
2,177,884
2,103,053
90,105
286,789
1,029,596
2,296,032 $ 19,598,388 $ 61,652,029
Liabilities and fund equity:
Liabil'tdes:
Due to other funds $ 1,055,472
Other liabilities 5,228,551
$ 10,907$ 1,111,505$ 2,177,884
237,682 592,460 6,058,693
Total liabilities 6,294,023 248,589 1,703,965 8,236,577
Fund equity:
Con~ibuted capital 1,281,781
Retained earnings 624,525
Fund balances:
Reserved (2) 3,912,605
Designated (3) 23,472,073
Undsalgnated 4,182,602
1,281,781
624,525
1,083,174 7,200,191 12,195,970
998,985 10,694,232 35,165,290
(34,716) 4,147,886
Total fund equity 33,473,586 2,047,443 17,894,423 53,415,452
39,757,609 $ 2,296,032 $ 19,598,388 $ 61,652,029
Total Ilabir~es and fund equity
(1) Includes General Fund, CIP Fund, Gas Tax Fund, other special revenue funds, and deferred comp agency funds.
(2) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, Iowlmod housing,
and debt service.
(3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing sppropdations.
ITEM
5
APPRCtVA!
CITY ATTORNEY
FINANCE DIRECT(~~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Council/City Manager
~,(-~Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
SUBJECT:
Conveyance of Real Property and Easement to Eastern Municipal Water
District, Acceptance of Right of Entry From Margarita Canyon LLC and
Grant of License to Electrend, Inc. in Connection With the Realignment
of Streets Near the Intersection of Front Street and Highway 79 South
For the 1-151Highway 79 South Interchange Improvements
PREPARED BY: /~ Ronald J. Parks, Principal Engineer - Land Development
j~ John Pourkazemi, Associate Engineer
RECOMMENDATION:
1. That the City Council adopt the following Resolutions:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO
EASTERN MUNICIPAL WATER DISTRICT AND AUTHORIZING THE
EXECUTION AND RECORDA~'ION OF A GRANT DEED IN CONNECTION
THEREWITH
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
GRANTING AN EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT
FOR SEWER FACILITIES AND AUTHORIZING THE EXECUTION AND
RECORDATION OF A GRANT OF EASEMENT IN CONNECTION
THEREWITH
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN "RIGHT OF ENTRY AND TEMPORARY
CONSTRUCTION AGREEMENT" BETWEEN THE CITY OF TEMECULA AND
MARGARITA CANYON, LLC
r.~.agd q~t~97~ 1OO7~easement. wbc
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN "LICENSE AGREEMENT BETWEEN THE CITY
OF TEMECULA AND ELECTREND, INC., FOR USE OF REAL PROPERTY'
Authorize and direct the City Clerk to record the documents approved by the Resolutions
as listed above.
BACKGROUND:
The Public Works Department has coordinated the design of the improvements for the I-
15/Highway 79 South Interchange Project and determined the right of way necessary to
construct these improvements. Part of the right of way acquired for the Project includes
12,000 square feet of property acquired from Margarita Canyon LLC for the specific roadway
improvements at the intersection of Front Street and the proposed Western Bypass Corridor
stub.
The Intersection improvements call for the relocation of the Eastern Municipal Water District's
sewer lift station which is currently located south of the Texaco station on Front Street. The
EMWD sewer lift station will be relocated to a portion of the City property acquired from
Margarita Canyon LLC. As part of the relocation it is necessary for the City to convey a portion
of its property to EMWD for the lift station as well as an easement to EMWD for maintenance
of the lift station.
The City will also need a temporary construction easement to allow it to go on to a portion of
the property retained by Margarita Canyon LLC so that construction crews can have sufficient
room to construct the realigned streets in this area. Margarita Canyon LLC previously dedicated
to the City a slope easement in this area for the road improvements.
Finally, Electrend, Inc. (which owns the Texaco station property) will grant an access easement
over its property to EMWD for maintenance of the sewer lift station. The configuration of the
street improvements and the sewer lift station at this location leaves a small portion of the
City's right of way unused. This area is only large enough to accommodate three parking
spaces and some landscaping. Therefore, it is proposed that the Council approve a license
agreement allowing Electrend to maintain three parking spaces, one of which will be reserved
for EMWD, and landscaping on the license area. This will accommodate EMWD's need for
access and parking for the maintenance of its sewer lift station, allow Electrend to maintain its
landscaping plan and increase parking for its property, and provide for the use of City property
which would otherwise remain vacant. Additionally, without this license agreement, the City
would be required to assist EMWD in obtaining alternate access to the lift station.
FISCAL IMPACT:
None
Attachments:
2.
3.
4.
Resolutions 97-__, 97-__, 97-_,
Grant Deed conveying certain real property to Eastern Municipal Water District
Grant of Easement to Eastern Municipal Water District for sewer facilities
Right of Entry and Temporary Construction Agreement between the City of Temecula
and Margarita Canyon, LLC
Ucense Agreement Between the City of Temecula and Electrend, Inc., For Use of Real
Property
r:\&gdrpt\97~1007\®a=ernent.wbc
RESOLUTION NO. 9%
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AUTHORIZING THE CONVEYANCE OF
CERTAIN REAL PROPERTY TO EASTERN MUNICIPAL
WATER DISTRICT AND AUTHOIHZ~G THE EXECUTION
AND RECORDATION OF A GRANT DE~D IN
CONNECWION THEREWITH
THE CITY COUNCIL OF THE CITY OF ~A HEREBY FINDS,
RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. The City Council of the City of Tcmecula does hereby find, determine and
declare that:
A. The Public Works Department has coordinated the .design of the
improvements for the 1-15fHighway 79 South Interchange Project and determined the right
of way necessary to construct these improvements.
B. The Interchange improvements call for the relocation of the Eastern
Municipal Water District's sewer lift station which is currently located on what will
become a portion of the street improvements.
C. As part of the relocation it is necessary for the City to convey the portion
of its property designated in the attached Grant Deed to EMWD for the lift station.
D. Conveyance of the property to the Eastern Municipal Water District
promotes the health, safety and welfare of the community.
Section 2. The City Council of the City of Temecula hereby approves of the
conveyance of property by Grant Deed to the Eastern Municipal Water District as specified in the
form of the Grant Deed attached hereto as Exhibit A., and authorizes and directs the Mayor to
execute said Grant Deed on behalf of the City in substantially the form of Exhibit A.
Section 3. The City Council hereby authorizes the City Manager to execute such other
and further documents as may be necessary to effectuate the conveyance of the property described
in Section 2., including but not limited to escrow instructions.
Section 4. The City Clerk is hereby authorized and directed to record the Grant Deed
upon acceptance by the Eastern Municipal Water District.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
on the 7th day of October, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
June $. Greek, CMC/AAE, City Clerk
r:Aagdrp~9~ 1007~eaoemenT.wl)c
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecuh, California, do hereby certify that
Resolution No. 97- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 7th day of October, 1997, by the following
vote:
AYES:
0 COUNCILMEMBERS:
NOES
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
ABSTAIN: 0 COUNCILMEMBERS:
r:~dm~',97~l O07~,®.~menLwbc
R~ordmg requested by ~nd
whe~ recorded return to:
EASTERN MUNICIPAL WATER. DISTRICT
P.O. Box 8300
San Jacinto, CA 92581-8300
Attn.: Don Simpson
Right of Why Depamnent
This document must be signed in
thc presence of Nmnry and notrazed.
No rocording fee required punuant
To Government Code Section 27383
APN 922-110-005
W.O.
GRAHT DEED
The undersigned Grantor(s) declare(s):
Documentary transfer tax is $
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sate.
( ) Unincorporated area: ( X ) City of Temecuia
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Citv of Temecul=. n Mun'~il~l
Corporation
(hereinafter referred to as "GRANTOR") does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a
municipal water district, its successors and assigns (hereinafter referred to as 'GRANTEE') the real property
situated in the County of Riverside, State of California, described as follows:
(SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF)
IN WITNESS WHEREOF, this instrument has been executed the day of
GRANTOR(S): CITY OF TEMECULA, a Mun'r:ipal
Corporation
Date: By:
CFRTIFICATF OF ACCFPTANCF
This is to certify that the interest in real property conveyed by Grant Deed dated
from
to the EASTERN ~JNIClPAL WATER DISTRICT, a municipal water d'~rict, is hereby accepted by the
undersigned officer or agent on behalf of the Board of Directors pursuant to authority confen~l by Resolution No.
80 of the Board of Directors adopted on January 14, 1953, and the Grantee consente to ~e recordation thereof
by its duly authorized officer or agent.
Date:
EASTERN MUNICIPAL WATER DISTRICT
(SEAL)
Mary C. Whr~, Secretary
of the Eastam Municipal Water District
and the Board of Directors thereof
W.O.: 97-230
APN: 922-110-005
GRANTOR: CITY OF TEMECULA
EXHIBIT ~A"
FRONT STREET SEWAGE LIFT STATION RELOC~TION
LEGAL DESCRIPTION OF FEE PARCEL
BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 15,
PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AND ALSO BEING A PORTION OF THAT PARCEL OF LAND GRANTED TO
THE CITY OF TEMECULA IN DEED RECORDED FEBRUARY 14, 1997 AS
INSTRUMENT NO. 050647 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 11;
THENCE A.LONG THE EASTERLY LINE OF SAID LOT 11, ALSO BEING THE
EASTERLY LINE OF PARCEL "C" OF SAID INSTRUMENT NO. 050647, SOUTH
15°42'22" EAST, 6.59 FEET TO A POINT ON A 387.00 FOOT RADIUS NON-
TANGENT CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID' POINT BEARS
SOUTH 87°07'19" EAST;
THENCE LEAVING SAID EASTERLY LINE OF LOT 11, SOUTHERLY ALONG SAID
CURVE AND CONTINUING ALONG SAID EASTERLY LINE OF PARCEL "C" THROUGH
A CENTRAL ANGLE OF 3~04'27" AN ARC DISTANCE OF 20.76 FEET;
THENCE NON-TANGENT AND ALONG THE SOUTHF_2%STERLY LINE OF SAID PA/~CEL
"C" SOUTH 43°10'43" WEST, 31.48 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL "C" NORTH
15~42'22" WEST, 17.35 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 74017'38" WEST, 13.60 FEET;
THENCE NORTH 15°42'22" WEST, 12.40 FEET;
THENCE NORTH 61~29'25" EAST, 22.85 FEET;
THENCE SOUTH 84~19'39" EAST, 6.75 FEET;
THENCE SOUTH 16~14'05" EAST, 11.57 FEET;
THENCE SOUTH 43°10'43" WEST, 6.64 FEET;
THENCE SOUTH 74°17'38" WEST, 9.39 FEET
BEGINNING.
TO THE TRUE POINT OF
CONTAINING 426 SQUARE FEET OR 0.010 ACRES, MORE OR LESS.
SEE EXHIBIT "B" ATTACHED HERETO
H:~OTE~D. DOC
CITY OF TEMECL/.A
~/21/97
RESOLUTION NO. 9%
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF 'VI]2~CULA GRANTING AN EASEMENT TO EASTERN
MUNICIPAL WATER DISTRICT FOR SEWER FACILITIES
AND AUTHORIZING THE E~ON AND
RECORDATION OF A GRANT OF EASEMENT IN
CONNECTION THEREWITH
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. The Public Works Department has coordinated the-design of the
improvements for the I-iS/Highway 79 South Interchange Project and determined the right
of way necessary to construct these improvements.
B. The Interchange improvements call for the re. location of the Eastern
Municipal Water District's sewer lift station which is currently located on what will
become a portion of the street improvements.
C. As part of the relocation it is necessary for the City to convey the portion
of its property designated in the attached Grant Deed to EMWD for the lift station.
D. Additionally it is also necessary for the City to convey an easement to
]~a~tern Municipal Water District for maintenance of the sewer lift station as described in
attached Grant of Easement to EIVlWD.
D. Conveyance of the easement to the Eastern Municipal Water District
promotes the health, safety and welfare of the community.
Section 2. The City Council of the City of Temecula hereby approves of the
conveyance of the easement by Grant of Easement to the Eastern Municipal Water District as
specified in the form of the Grant of Easement attached hereto as Exhibit A., and authorizes and
directs the Mayor to execute said Grant of Easement on behalf of the City in substantially the form
of Exhibit A.
Section 3. The City Council hereby authorizes the City Manager to execute such other
and further documents as may be necessary to effectuate the conveyance of the easement described
in Section 2., including but not limited to escrow instructions.
Section 4. The City Clerk is hereby authorized and directed to record the Grant of
Easement upon acceptance by the Eastern Municipal Water District.
r:\~gd~t~97\100~e~,,ement.wbc
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
on the 7th day of October, 1997.
AT'FF_,ST:
Patricia H. Birdsall, Mayor
June S. Greek, CMC/AAE, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 97- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 7th day of October, 1997, by the following
vote:
AYES: 0
NOES 0
ABSF~NT: 0
ABSTAIN: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
r:\agdl~t\~7~l O07~easement.wbc
Revording re, quested by and
when recorded return to:
EASTERN MUNICIPAL WATER DISTRICT
P.O. Box 8300
San Jaginto, CA 92581-8300
Arm.: Don Simpson
Right of Why Department
This document must be signed in
the presence of Notary and notarized.
No recording fee required pursuant
To Government Code Section 27383
APN 922-110-00~
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CiN ofTemecula. a Municipal
Comoration
(hereinafter referred to as 'GRANTOR") does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a
municipal water district, its successors and assigns (hereinafter referred to as 'GRANTEE") a perpetual non-
exclusive easement and right of way to construct, enlarge, reconstruct, remove and replace, operate, inspect,
maintain, repair, improve and relocate, sewage transmission and collection facilitias, including, but not limited to,
gravity pipelines, pressure pipelines, manholes, connections and appurtanant equipment for the collection and
transmission of sewage, in, on, over, under, upon, along, through and across the property hereinafter described,
together with reasonable dght of access for equipment and vehicle right of way, in, on, over, upon, along, through
and above said easement.
Said easement shall be in, under, over, and across that certain property situated in the County of Riverside, State
of California, described as follows:
(SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF)
The foregoing easement shall include the dght to enter upon and pass and repass over and along said strip or
strips of land, and to deposit tools, implements and other materials thereon by Grantee, its officers, agents and
em4)loyees, and by persons under contract to construct said pipeline or pipelines, and their employees, whenever
and wherever necessary for the purpose of exercising the rights herein granted.
Grantor retains the dght to the use of the land described herein except as to any use in derogation of the easement
contained herein, and specifically agrees that no Vees shall be planted thereon and no buildings or cther structures
of any kind, except landscape planters and stripped parking, will be placed, constructed, or maintained over the
real property described herein. Any work by Grantor, or any one working through or under Grantor, affecting the
surface or subsurface of the ground subject to this easement shall be performed only after giving written notice by
certified mail, postage paid, addressed to Grantee at Grantee's office setting forth the proposed changes in detail.
Such notice is to be given to the Grantee at least thirty (30) business days prior to commencement of such work
and is subject to approval by Grantee. Notwithstanding the foregoing, the surface of the ground with respect to
the distance from the ground surface to the top of any pipes, as of the date of this ~t, shall not be changed
by any party other than Grantee, if it results in:
(a)
"Culting" or removing the soil which leaves less than forty-eight (48) inches of soil over the top of the pipe;
and
(b) "Hauling" in of soil or 'filling" which will leave more than twelve (12) feet of soil over the top of any pipe.
It is understood that the permanent easements and the rights of way above described shall be acquired subject
to the rights of the Grantor, Grantor's successors, heirs and assigns, to use the surface of the real property within
the boundarias of such easements and rights of way. It is understood that any use of the surface rights by Grantor,
and Grantor's successors, heirs and assigns, shall be deerned a continuing permissive usa allowed by Grantee,
its successors, heirs and assigns, and each successor-in4nterest of the Grantor, by acceptance of a conveyance
of said property or interest therein admits aM agrees that any such usa is a continuing permissive usa. It is
understoocl that each and every right and privilege hereby granted is free and alienable. Notwithstanding the
foregoing, it is understood and agreed that this Grant of Easement shall not be cons~aK! as a Grant of Fee Title.
Grantee, its successors and assigns, shall restore, or cause to be restored, the surface or subsurf'~e of the real
property hereinabove described to the condition said property was in as of the time of performance of any
enlargement, construction, reconstruction. removal and replacement, operation, inspection, maintenance, repair,
improvement and relocation, and such restoration shall be performed with due diligence and dispatch.
IN WITNESS WHEREOF, this instrument has been executed the day of
GRANTOR(S): CITY OF TEMECULA, a Municipal
Corporation
Date: By:
C!=RTIFICAT!= OF ACC;PTANC!=
This is to certify that the interest in real property conveyed by Grant of Ea~ment dated
from
to the EASTERN )~JNICIPAL WATER DISTRICT, a municipal water district, is hereby accepted by the
undersigned officer or agent on behalf of the Board of Directore pursuant to authority conferred by Resolution No.
80 of the Board of Directors adopted on January 14, 1953, and the Grantee consents to the recordation thereof
by its duly authorized officer or agent.
Date: EASTERN MUNICIPAL WATER DI~I'RICT
(SEAL)
By:
Mary C. White, Secretmy
of the Eastern Municipal VVater District
And the Board of Directore thereof
W.O.: 97-230
APN: 922-110-005
GRANTOR: CrFY OF TEN~CULA
EXHIBIT ~A"
FRONT STREET SEWAGE LIFT STATION RELOCATION
LEGAL DESCRIPTION FOR SEWER AND ACCESS EASEMENT
BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN
THE COUNTY OF RIVERSIDE, STATE OF CA~LIFORNIA, A~ FILED IN BOOK
15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, AND ALSO BEING A PORTION OF THAT PARCEL OF LAND
GRANTED TO THE CITY OF TEMECULA IN DEED RECORDED FEBRUA/~Y 14,
1997 AS INSTRUMENT NO. 050647 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY
DESCRIBEDAS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 11;
THENCE ALONG THE BOUNDARY OF PARCEL ~C" AS DESCRIBED IN SAID
INSTRUMENT NO. 050647 THE FOLLOWING COURSES:
ALONG THE EASTERLY LINE OF SAID LOT 11 SOUTH 15°42'22" EAST, 6.59
FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT CURVE,
CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
87°07'19" F_2%ST;
THENCE LEAVING SAID EASTERLY LINE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 3°04'27" AN ARC DISTANCE OF 20.76
FEET;
THENCE NON-TANGENT SOUTH 43~10'43" WEST, 37.57 FEET TO A POINT ON
A 844.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 01"36'29" EAST;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
02~54'45" AN ARC DISTANCE OF 42.90 FEET;
THENCE LEAVING SAID CURVE NORTH 01"18'16" WEST, 34.86 FEET TO THE
NORTHWESTERLY LINE OF SAID LOT 11;
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 74°17'38" EAST, 71.90
FEET TO THE POINT OF BEGINNING.
EXCEPTING THE FOLLOWING:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 11;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 SOUTH 15"42'22"
EAST, 6.59 FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT
CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
87~07'19" EAST;
H:\COTEMWD2.DOC
CITY OF TEMECULA
9~10/97
W.O.: 97-230
APN: 922-110-005
GRANTOR: CITY OF TEMECULA
THENCE LEAVING SAID EASTERLY LINE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTPJLL ANGLE OF 3004'27" AN ARC DISTANCE OF 20.76
FEET;
THENCE NON-TANGENT SOUTH 43°10'43" WEST, 31.48 FEET;
THENCE NORTH 15°42' 22" WEST, 17.35 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 74°17'38" WEST, 13.60 FEET;
THENCE NORTH 15°42'22" WEST, 12.40 FEET;
THENCE NORTH 61°29'25" EAST, 22.85 FEET;
THENCE SOUTH 84°19'39" EAST, 6.75 FEET;
THENCE SOUTH 16°14'05" EAST, 11.57 FEET;
THENCE SOUTH 43°10'43" WEST, 6.64 FEET;
THENCE SOUTH 74°17' 38" WEST, 9.39 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 2,325 SQUARE FEET OR 0.053 ACRES, MORE OR LESS.
SEE EXHIBIT "B" ATTACHED HERETO
E. xp. 12/31/99
No. 716~,
H:\COTEMWD2.DOC
CITY OF TEMECUI-~
9/10/97
I
I
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN "RIGHT OF
ENTRY AND TEMPORARY CONSTRUCTION
AGI~ ~~' BETWi~N THE CITY OF TEMECULA AND
MARGARITA CANYON, LLC
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
RESOLVES, DECLARES, DETERM]NF~ AND ORDERS AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. The Public Works Department has coordinated the design of the
improvements for the 1-15/Highway 79 South Interchange Project and determined the fight
of way necessary to construct these improvements.
B. The Interchange improvements call for the realignment of streets near the
property owned by Margarita Canyon LLC.
C. As part of the consU'uction of the street improvements it is necessary for the
City to obtain a fight of entry for temporary construction use of the property designated
in the attached agreement.
D. Acceptance of the fight of entry for temporary construction purposes
promotes the health, safety and welfare of the community.
Section 2. The City Council of the City of Temeeula hereby approves that certain
"Right of Entry and Temporary Construction Agreement" between the City of Temecula and
Margarita Canyon, LLC attached hereto as Exhibit A., and authorizes and directs the Mayor to
execute said Agreement on behalf of the City in substantially the form of Exhibit A.
Section 3. The City Council hereby authorizes the City Manager to execute such other
and further documents as may be necessary to effectuate the implementation of the Agreement
described in Section 2.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
on the 7th day of October, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
June S. Greek, CMC/AAE, City Clerk
r:\agdl~t~97~t O07\ealemem.wbc
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMF_~ULA )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 97- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 7th day of October, 1997, by the following
vote:
AYES:
0 COUNCILMEMBERS:
NOES
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
ABSTAIN: 0 COUNCILMEMBERS:
r:\lgd~)t~97~ I O07~e~ernent. wb~
CITY OF TEMECULA
(Herein referred to as "City", and
MARGARITA CANYON, LLC, a California limited liability company
(Herein referred to as "Grantor")
Project: Interstate 151 Highway 79-South Interchange
2
3
4
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT
The right is hereby granted City to enter upon and use the land of Grantor in the City of
Temecula, State of Califomia, described as:
See Attached Exhibit "A" for Legal Description
for all purposes necessary to facilitate and accomplish the construction of 1-15 /
Highway 79-South Interchange
A fourteen (14) day written notice shall be given to Grantor prior to using the dghts herein
granted. The rights herein granted may be exercised for 18 months after the fourteen (14)
day wdtten notice, or until completion of said project, whichever shall be sooner.
It is understood that the City may enter upon Grantor's property where appropriate or
designated for the purpose of getting equipment to and from the easement area. City
agrees not to damage Grantor's property in the process of performing such activities.
The right to enter upon and use Grantor's land includes the right to remove and dispose
of real and personal property located thereon. Grantor reserves the dght to remove
salvable real and personal property on or before the expiration of the fourteen (14) day
notice. If said property is not removed in its entirety at Grantor's expense on or before
said date for any reason whatsoever, the right to remove said property shall terminate
and said will become property of City to dispose of at its discretion.
City shall remove, replace and relocate as necessary any existing fencing disturbed by
construction of highway to new property line on Grantor's remaining property. Grantor
agrees that City, its agents, employees or contractors shall have the right to enter upon
Grantor's land for the purpose of performing the fence replacements or relocations.
All replaced or relocated fencing shall be left in as good a condition as it is found and
shall thereafter be the responsibility of Grantor to maintain and repair.
Page I
5
6
7
9
10
At the termination of the pedod of use of Grantor's and City, but before its relinquishment
to Grantor, debris generated by City's use, will be removed and the surface will be
graded and left in a neat condition.
Grantor shall be held harmless from all claims of third persons ansing from the use by
City of Grantor's land.
Grantor hereby warrants that he is the owner of the property described above and that he
has the right to grant City permission to enter upon and use the land.
This agreement is the result of negotiations bet~veen the parties hereto. This agreement
in intended by the parties as a final expression of their understanding with respect to the
matters herein and is a complete and exclusive statement of the terms and conditions
thereof.
This agreement shall not be changed, modified, or amended except upon the written
consent of the parties hereto.
This agreement supersedes any and all other prior agreements or understandings, oral
or written, in connection therewith.
Page 2
11
Grantor, his assigns and successors in interest, shall be bound by all the terms and
condRions contained in this agreement, and all the parties thereto shall be jointly and
severally liable thereunder.
Date:
RECOMMENDED FOR APPROVAL:
By:
By:
APPROVED AS TO FORM:
MARGARITA CANYON, LLC,
a California limited liability company
By: ! ---",
PETER M. THORSON
City Attorney
By:
ATTEST:
CITY OF TEMECULA
JUNE S. GREEK
City Clerk
By:
Dated:
By:
PAT H. BIRDSALL
Mayor
Page 3
EXHIBIT ~A#
LEGAL DESCRIPTION
PAGE I OF 2
PARCEL 3 TEMPORARY CONSTRUCTION EASEMENT
BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK
15, PAGE 726 OF 5LAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, TOGETHER WITH A PORTION OF LOT ~A# OF LOT LINE
A/)JUSTMENT NO. 3057 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AS DESCRIBED IN INSTRUMENT NO. 90541,
RECORDED MARCH 19, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBEDAS FOLLOWS:
BEING A 15.00 FOOT WIDE STRIP OF LAND LYING SOUTHERLY AND
WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 11,
BEING SOUTH 74°17'38" WEST, 95.65 FEET FROM THE NORTHF2%ST CORNER
OF SAID LOT 11;
THENCE LEAVING SAID NORTHWESTERLY LINE OF LOT 11 SOUTH 01°18'16"
EAST, 132.58 FEET;
THENCE NORTH 85°14'16" EAST, 131.00 FEET TO THE SOUTHEASTERLY
CORNER OF PARCEL ~A" AS DESCRIBED IN INSTRUMENT NO. 50647
RECORDED FEBRUARY 14, 1997 IN THE OFFICE OF THE COUNTY RECORDER
OF THE COUNTY OF RIVERSIDE;
THENCE SOUTH 82"47'34" EAST, 10.20 FEET TO THE SOUTHWESTERLY
CORNER OF PARCEL ~C" OF INSTRUMENT NO. 50649 RECORDED FEBRUARY
14, 1997 IN SAID OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF
RIVERSIDE; ..
THENCE SOUTH 69°58'14" EAST, 171.00 FEET;
THENCE SOUTH 20°13'51" EAST, 33.42 FEET;
THENCE SOUTH 54°28'14" EAST, 43.09 FEET TO A POINT ON THE
NORTHEASTERLY LINE OF SAID LOT ~A" OF LOT LINE ADJUSTMENT NO.
3057, SAID POINT BEING THE TERMINUS OF SAID 15.00 FOOT WIDE
STRIP.
THE SOUTHERLY AND WESTERLY LINE OF SAID STRIP OF LAND SHALL BE
PROLONGED OR SHORTENED SO AS TO TERMINATE AT SAID NORTHWESTERLY
LINE OF LOT 11 AND SAID NORTHEASTERLY LINE OF LOT "A".
PAGE 2 OF 2
EXCEPTING THEREFROM ANY PORTION NOT CONTAINED WITHIN SAID LOT 11
AND SAID LOT "A".
CONTAINING 8,192.37 SQUARE FEET OR 0.188 ACRES, MORE OR LESS.
THE ABOVE PA/{CELS ~
RESERVATIONS, RESTRICTIONS,
IF ANY OF RECORD.
SUBJECT TO COVENANTS, CONDITIONS,
RIGHTS, RIGHTS-OF-WAY ~D F2%SE~NTS,
SEE EXHIBIT ~B# ATTACHED HERETO
~r NO. 7161 ~r
LOT 11
TOWN o~ r=_~£04//~
M8 15./728 .S.D. C~
<N 74'17'38"
25. 75'
<A. 8'I I
<R - 756.00'>
<L I I08.13'>
[R-
[I.- 163.80']
~NST. NO. 50647
REC'D 2/I 4/97
[ ] DENOTE~ RECORD ~: ME, AS. ¢ > DENOTES RECORD ~c MEAS.
DATA PER INST, NO. 50649 DATA PER INST. NO. 50647
-------REC'D 2/14/97 REC'D 2/14/97
Trans-Pacific Consultants
....... 27447 Enterprise Circle West° Temecul~. CA,. 92590
THIS PLAT IS SOLELY AN AIO IN LOCATING TN~ PARC~L.(S) DESCRIED IN ~
ATTACHED DOCUMENT. IT IS NOT PART OF THE '~I~ITT/N DESCRIPTION THEREIN.
EASEMENT
EXHIBIT
~l~f"'z TO",:' nwc:.
( ) DENOTL~ RECORD DATA PER '~
LOT LINE ADJUSTMENT NO. 3057,
INST. NO. 9054I, REC'D 3/19/9;
CIVIL ENGINEERS
LAND SURVEYORS. PLANNERS
4w-o- #
SHEET 1 OF I 12--55--02
RESOLUTION NO. 9%
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN "LICENSE
AGRF.~MENT BETWEEN THE CITY OF TEMECULA AND
ELECTREND, INC., FOR USE OF REAL PROPERTY"
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
RESOLVES, DECLARES, DETERMINF~ AND ORDERS AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. The Public Works Department has coordinated the design of the
improvements for the 1-15/Highway 79 South Interchange Project and determined the right
of way necessary to construct these improvements.
B. The Interchange improvements call for the relocation of the Eastern
Municipal Water Distriet's sewer lift station which is currently located on what will
become a portion of the street improvements.
C. The Interchange improvements also call for the realignment of streets near
the property owned by Electrend, Inc.
D. Electrend, Inc. will grant an access easement over its property to EMWD
for maintenance of the sewer lift station. The configuration of the street improvements
and the sewer lift station at this location leaves a small portion of the City's right of way
unused.
D. Approval of the License Agreement with Electrend, Inc., promotes the
health, safety and welfare of the community as it makes productive use of City land and
accommodates necessary sewer improvements.
Section 2. The City Council of the City of Temecula hereby approves that certain
"License Agreement Between the City of Temecula and Electrend, Inc., For Use of Real
Property," attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said
Agreement on behalf of the City in substantially the form of Exhibit A.
Section 3. The City Council hereby authorizes the City Manager to execute such other
and further documents as may be necessary to effectuate the implementation of the Agreement
described in Section 2.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
on the 7th day of October, 1997.
Patricia H. Birdsall, Mayor
r:~Nidrpt~97~1007~easement.wbc
ATTEST:
June S. Greek, CMC/AAE, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 97- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 7th day of October, 1997, by the following
vote:
AYES: 0
COUNCILMEMBERS:
NOES
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
ABSTAIN: 0 COUNCILMEMBERS:
r:~lodrpt~97~1007~ealement.wbc
RECORDED AT REQUEST OF
AND WHEN RECORDED
RETURN TO:
City of Temecula
43200 Businms Park Drive
Temecula, California 92502
Attention: June S. Greek, City Clerk
EXEMPT FROM RECORDER'S FEES
pursuant to Government Code
Sections 6103 and 27383
LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA
AND ELECTREND, INC. FOR USE OF REAL PROPERTY
THIS LICENSE AGREEMENT is entered into by and between the City of Temecula, a
municipal corporation ("City") and Electrend, Inc. ("Electrend") and is made and effective as of October
,1997. In consideration of the mutual agreements contained herein, the parties hereto agree as follows:
1. Recitnl.~. This Agreement i~ made with respect to the following facts and for
the following purposes which the parties hereto acknowledge as true and correct:
a. Electrend is the owner of certain re~l property in the City of Temecula
generally known as the Texaco Service Station located on Front Street and described on Exhibit A,
attached hereto and incorporated by this reference as though set forth in full (hereafter "Electrend
Parcel").
b. The City owns abe right of way for portons of Front Street and First Street
which are located adjacent to the Electrend Proper~y, and more particularly depicted on the map in
Exhibits C and E, attached hereto and incorporated herein by this reference as though set forth in full
(hereafter "City Right of Way").
c. The City will not need ~e entire City Right of Way area for street and utility
parpcea~ and both City and Electrend desire timt the porton of the City Right of Way which will not
be needed for street or utility pmlxm~ be put to productive use by allowing Electrend to use a portion
of lie City Right of Way for parking in conjunction with its commercial operations on the Electrend
Parcel.
2. ! .imi~d Right to Use City R/gbt of Way. City hereby grants a license to Electrend
to use approximately 0.053 acres of the City Right of Way (hereafter the "Licensed Premises") for the
p~ of additional parking for the commercial businesses on the Electrend Parcel, subject to the terms and
conditions of this Agreement. The Licensed Premises is more particularly described and depicted on Exhibit
G, attached hereto and incorporated herein as though set forth in full.
3. Use Fee. Electrend shall pay to the City the sum of one dollar ($1.00) on the
first day of each year during the term of this License Agreement.
4. Term ofIiee~,. m U.~. ~ I im~,ti l~mi.~-s. Electrend ~ ~ve ~e ri~t w ~
~ ~ ~ ~ ~ ~ ~ ~ment ~om ~ ~m of ~fi~ ~om ~e Direcwr of ~blic
Wor~ ~at ~e ~ P~ ~ avai~ble for ~ by Elec~ ~fil Ju~ 30, 2037, uM~ ~r
~r~mmd p~ m ~ ~ A~ment. ~s ~ ~n ~ exm~ by mural a~ment of ~
~rfi~. ~s ~ A$~ment my ~ m~m~ prior ~ ~e expiation of ~e ~ u~n &e following
event:
a. City may terminate u'fis A~ecazat if Electrend fails to comply with the terms
of fids License.Agreement, provided tim Elecu'end has been given written notice describing its failure
the deficiencies of not less than thirty (30) days.
5. Maintenance of I .ice~ed Premises.
a. Electrend shall use the Licensed Premises for parking and landscaping in
connection with its commercial businesses on the Electrend Parcel in accordance with the Temecula
Municipal Code and the terms and conditions of the land use entitlements issued by the City for the
parking.
b. Electrend shall maimtin Ihe Licemad Premises in a neat and clean condition
at all time. Fleetrend shall maintain ~he tan'face of the parking ~paces in accordance with generally
accepted maintenance standards for retail commercial parking lots. Electrend shall maintain the
landscaping and irrigation and replace any plant mam-ial as needed in accordance with the landscaping
plan approved pursuant to its land us entitlements.
real property
compensation.
installed
Upon the termination of this License Agreements, any improvements to the
by Electrend shall become the property of the City without further
6. Indemnification of City Pff l~iec~-e~d. ElecUvx~ shall defend, indemnify, assume
all responsibility for and hold the City, and its elected and appoimed officers and employees, harmless from
all costs (including attorneys fees and costs), claims, demands or liabilities judgments for injury or damage
to property and injuriez to persons, including death, which may be caused by any of the Electrend's activities
with res~ct to the Licensed Premises, whether such activities or performance thereof be by the Electrend or
anyone directly or indirectiy employed or coreracted with by Electrend and whether such damage shall accrue
or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited
to, any repair, cleanup, remedlation, detoxification, or preparation and implementation of any removal,
remedial, response, closure or other plan (regardless of whether undertaken due to governmental action)
concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in
the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"; 42 U.S.C.
Section 9601, et seq.], Ihe Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et
~ and California Health and Safety Code Section Code Section 25280 ~ at any place where Electrend
owns or has conwol of real property pursuant to any of Electrend'$ activities under this Agreement. The
foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and Cali-
fornia Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify Agency from
liability.
7. Notices. Any notices which either party may desire to give to the other party
under this License Agreement must be in writing and may he given either by (1) 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 (ill) mailing in the United States Mail, certified mail, postage prepaid,
To City:
City of Temecula
43200 Busimss Park Drive
Temecula, California 92590
Attention: City Manager
To Electrend:
Electrend, Inc.
29115 Front Street
Temecula, California 92590
Attention: Lon Kashmere
8. !~.ntlre Agreement. This Agreement and any documents attached hereto or referred to
herein integrate all terms and conditions of the matters and agreements described herein or incidental hereto
and supersede all oral or writ~n negotiations and prior writing in r~t to the subject matter of this
Agreement.
9. Aanrr~vs' Fees a~ Co~. ff any legal action or proceeding arising out of or relating
to this License Agreement is brought by any party to this License Agreement, the prevailing party shall be
entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable
attorneys' fees, costs and expanses incurred in the aclion or proceeding by the prevailing party.
10. No Waiver: Remedies C,rmdntive. No delay or omission to exercise any right,
power or remedy accruing to City on any default by Electrend under this License Agreement shall impair any
such right, power or remedy of City nor shall it be construed as a waiver of or acquiescence in any such
default, or of or in any similar default occurring later; nor shall any waiver of any single default be deemed
a waiver of any other default occurring before or after that waiver. All remedies, either under this License
Agreement or by law or otherwise afforded to City or Electrend shall be cumulative and not alternative.
11. Coverant~ to R-n With I and. Of the coverants which have been established pursuant
to this Agreement, the same shall be deemed to be covenants running with the land for the benefit of both the
City Right of Way and the Electrend Property, and shall be binding upon the successors and assigns of the
parties hereto.
////
////
////
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be duly
executed by ~heir respective duly authorized officials, officers or representatives as of the date first set forth
above.
CITY OF TEMECULA
Patricia H. Birdsall, Mayor
Attest:
June Greek, City Clerk
Approved as to form:
Peter M. Thorson, City Attorney
ELECTREND, INC., a California Corporation
By:
Name:. /.~ o
Title:
By:
Name:
Title:
EXHIBXT A
LEGAL DE$CRLPTION OF ELECTREND PARCEL
EXHIBIT "A"
LEGAL DESCRIPTION FOR ELETREND PARCEL
SHEET 1 OF !
LOT 10 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN TFIE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AS FILED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SAN DIECO, STATE OF CALIFORNIA,
AND ALSO LOTS 1 AND 2 OF CERTIFICATE OF COMPLIANCE NO. PA93-0177 RECORDED
FEBRUARY 24, 1994, AS INSTRUMENT NO. 077303 IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
EXHIBIT "B'
-10
NO. PA93-O! 77
INST. NO. 07730,5
REC'D 2/24/94
cOO,
2
558.03'
WESTERN BYPASS t CORRIDOR
_., LOT A
"- L.L.A. f13057
'~. INS'?. NO. ~0541
...t REC'D
EXHIBIT C AND E
MAP DEPICTING CITY RIGHT OF WAY
EXHIBIT "C"
LEGAL DESCRIPTION FOR
ROAD EASEMENT
PARCEL "A"
SHEET I OF 2
BEING A STRIP OF LAND, 88.00 FEET IN WIDTH, OVER A PORTION OF LOT
11 IN BLOCK 32 OF THE TOWN OF TKMECULA, IN THE COUNTY OF
RIVERSIDE, STATE OF C/tLIFORNIA, AS FILED IN BOOK 32, PAGE 726 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PA/~TICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15°42'22"
WEST, 135.21 FEET TO A POINT ON AN 756.00 FOOT RADIUS NON-TANGENT
CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH
6°53'27" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTPAL ANGLE OF
8°11'43", AN ARC DISTA/gCE OF 108.13 FEET;
THENCE ALONG A RADIAL LINE NORTH 1°18'16" WEST, 88.00 FEET TO AN
844.00 FOOT P~IUS NON-TANGENT CURVE, CONCENTRIC WITH SAID 756.00
FOOT PJ%DIUS CURVE;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
5°43'49" AN ARC DISTANCE OF 84.41 FEET TO SAID EASTERLY LII~ OF
LOT 11;
THENCE ALONG SAID EASTERLY LINE SOUTH 15°42'22" EAST, 94.47 FEET
TO THE TRUE POINT OF BEGINNING.
CONTAINING 8,468 SQU/tRE FEET OR 0.194 ACRES, MORE OR LESS.
PAP, CEL ~B"
BEIN~ 'A PORTION OF SAID LOT 11, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT SAID SOUTHEASTERLY CORNER OF LOT 11;
THENCE ALONG SAID F2%STERLY LINE OF LOT 11 NORTH 15°42'22" WEST,
281-.91 FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT CURVE
CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
87e07'19" EAST, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING;
H:%~,~VI.DOC
EP, DC, INC.
EXHIBIT "C"
SHEET 2 OF 2
THENCE LEAVING SAID EASTERLY LINE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 3°04'27" AN ARC .DISTANCE OF 20.76
FEET;
THENCE SOUTH 43°10'43" WEST, 37.57 FEET TO A POINT ON THE
NORTHERLY LINE OF PARCEL ~A" AS DESCRIBED HEREINABOVE, SAID POINT
ALSO BEING A POINT ON AN 844.00 FOOT RADIUS NON-TANGENT CURVE
CONCAVE SOUTHERLY, A PJtDIAL LINE TO SAID POINT BF2%RS NORTH
1°36'29" EAST;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
2°49'04", A DISTANCE OF 41.51 FEET TO SAID EASTERLY LINE OF LOT
11;
THENCE ALONG SAID EASTERLY LINE NORTH 15°42'22" WEST, 52.23 FEET
TO THE TRUE POINT OF BEGINNING;
CONTAINING 773.00 SQUARE FEET, OR 0.018 ACRES MORE OR LESS.
THE ABOVE DESCRIBED PARCELS A/~ SUBJECT TO COVENANTS, CONDITIONS,
RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND F2%SEMENTS,
IF ARY, OF RECORD.
SEE EXHIBIT ~B" ATTACHED HERETO
H:~EVI.DOC
SCALE:
100'
CURVE DATA
EXHIBIT "D"
GRAPHIC SCALE
( m 11,~.~ )
(~) /~ - 5'43'49' R - 844.00'
L - 84.41'
~ ..~ (~) /~ - 2'49'04' ,--,i
~. ~ R - 844.00' N 1'36'29' E (R) C'~ '13
.~ ~ · . ,,.5, ..........
· R - 800.00' I -+- .... ~,~ ~- r--
_ - , -
-.---- ~ PARCEL A
...... , m O. ! 94 ACRES
LOT A
L.£.A. ~3057
INST', NO. g054~
REC'D 3/~g/g~
Trans-Pacific Consultants
27447 Enterprise Circle West, Temeculo, CA., 92590
1HIS PLAT IS SOLELY AN AID IN LOCATING THE:
ATTACHED DOCUMLrNT. IT IS NOT PART OFTHE I~RITTtN DLr$CR~P11~N
SCALE: I"- 100' I DRA~I BY TJL OATE12/20/96{ EXHIBIT
SHEET 1 o~
FOR ROAD
CIVIL ENGINEERS
LAND SURVEYORS, PLANNERS
1 W.O. ~
412- 55-02
EASEMENT
REV1 .DWG
EXHIBIT "E'
LEGAL DESCRXPTION
PANEL ~C"
BEING A PORTION OF LOT 11 IN BLOCK 32 OF ThE TOWN OF TF_/~ECULA, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 32, PAGE
726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHF. J%STERLY CORNER OF SAID LOT 11;
THENCE ALONG THE F. JtSTERLY LINE OF SAID LOT 11 NORTH 15°42'22" WEST,
288.50 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 11, SA/D POINT
ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 11 SOUTH 74°17'38" WEST,
71.90 FEET;
THENCE LEAVING SAID NORTHERLY LINE AND A/~ONG A RADIAL LINE SOUTH
1°18'16" EAST, 34.86 FEET TO A POINT ON AN 844.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY SAID CURVE ALSO BEING THE NORTHERLY LINE OF PARCEL
"A" AS DESCRIBED IN EXHIBIT ~A" HEREIN;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°54'45",
AN ARC DISTANCE OF 42.90 FEET TO THE MOST WESTERLY CORNER OF PARCEL
"B" AS DESCRIBED IN EXHIBIT "A" HEREIN;
THENCE LEAVING SAID CURVE NORTH 43°10'43" EAST, 37.57 FEET TO A POINT
ON A 387.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE WESTERLY, A RADIAL
LINE TO SAID POINT BEARS NORTH 84°02'52" WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3"04'27"
AN ARC DISTANCE OF 20.76 FEET TO SAID EASTERLY LINE OF LOT 11;
THENCE ALONG SAID EASTERLY LINE NORTH 15"42'22" WEST, 6.59 FEET TO
THE TRUE POINT OF BEGINNING;
CONTAINING 2,750.57 SQUA/~E FEET OR 0.063 ACRES, MORE OR LESS.
SEE EXHIBIT "D" ATTACHED HERETO
!ml)C, INC.
EXHIBIT "F"
.4'3-
SCALE: I"= I 00'
GRAPHIC SCALE
I lick,- 100 fl.
CURVE DATA PARCEL "C"'
'~, (3) ~ ..== JeT. oo' ~.o, _..
-% L 20.76' 20
:~ ___.L_.-.-"- ..... ,,,. , # j /I '~ ~-'""
-- ,,o.,o
'ri ' R ' e'~._.
S'I 11
LOT A
I_.L.A. #3O57
INST. NO. 90541
REC'D
Trans-Pacific Consultants
27447 Enterprise Circle We~t. Temecula, CA., 92590
THIS PLAT iS ~31.F~¥ AN &ID IN LOCAlIlia THE PARC~$) DES(~I~D IN mE
ATTA(~IlrO DO(RJMENT. IT I$ NOT PART OF ~ II~IT'~N ~1110N THe:REIN.
SCALE: '~"- 100' I OR,~I 9Y TJL OAILr12/?0/961 EXHIBIT
FOR
CIVIL ENGINEERS
LAND SURVIEYORS, PLANNERS
SHEET 1 OF 1 W.O. ~
412-55-OZ
LEGAL DESCRIPTION
REV2.DWG
EXHIBIT G
LEGAL DESCRIPTION AND MAP OF LICENSED PREMISES
EXHIBIT 'G'
LEGAL DESCR/PTION FOR ~X:~ESS AND LANDSCAPING F~E~NT
BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS. FILED IN BOOK
15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, AND ALSO BEING A PORTION OF THAT PARCEL OF LAND
GRANTED TO THE CITY OF TEMECULA IN DEED RECORDED FEBRUARY 14,
1997 AS INSTRUMENT NO. 050647 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 11;
THENCE ALONG THE BOUNDARY OF PARCEL ~C" AS DESCRIBED IN SAID
INSTRUMENT NO. 050647 THE FOLLOWING COURSES:
ALONG THE EASTERLY LINE OF SAID LOT 11 SOUTH 15°42'22" EAST, 6.59
FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT CURVE,
CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
87°07'19" EAST;
THENCE LEAVING SAID EASTERLY LINE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 3°04'27" AN ARC DISTANCE OF 20.76
FEET;
THENCE NON-TANGENT SOUTH 43°10'43" WEST, 37.57 FEET TO A POINT ON
A 844.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 01°36'29" EAST;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
02°54'45" AN ARC DISTANCE OF 42.90 FEET;
THENCE LEAVING SAID CURVE NORTH 01°18'16" WEST, 34.86 FEET TO THE
NORTHWESTERLY LINE OF SAID LOT 11;
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 74017'38" EAST, 71.90
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 11;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 SOUTH 15°42'22"
EAST, 6.59 FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT
CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
87°07'19" EAST;
T~F_~CE LEAVING SAID F~TEP~LY LINE SOUTHEP~LY ALONG SAID ~
T~OUGH A CENT~ ~GLE OF 3"04'27" ~ ~C DIST~CE OF 20.76
~ET;
T~CE NON-T~G~NT SOUTH 43"10'43" ~ST, 31.48 ~ET;
T~CE NORTH 15"42'22" WEST, 17.35 ~ET TO T~ TR~ ~INT OF
T~CE SOUTH ~4~3~" ~ST~ ~.~0 ~ET~
T~CE NORTH 61~29'25" ~T, 22.85 ~ET;
T~NCE SOUTH 84"19'39" ~T, 6.75 ~ET;
THENCE SOUTH 16~14'05" ~T, 11.57 ~ET;
T~CE SOUTH 43"10'43" WEST, 6.64 ~ET;
T~NCE SOUTH 74"17'38" WEST, 9.39 ~ET TO T~ T~ ~INT OF
~GI~ING.
CONTAINING 2,325 SQU~ ~ET OR 0.053 AC~S, MO~ OR LESS.
SEE EXHIBIT "B" ATTACHED HERETO
H:~kCC~
CTFYOF~
9/22~97
ITEM
6
TO:
FROM:
DATE:
SUBJECT:
APPRt~VA!
CITY ATTORNEY
FINANCE DIRECTO~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Release Faithful Performance Warranty, Labor and Materials, and
Subdivision Monumentation Bonds in Tract No. 22716-F (Northeasterly
of intersection of Meadows Parkway at Rancho Vista Road)
PREPARED BY: ~ Ronald J. Parks, Principal Engineer - Land Development
Albert K. Crisp, Permit Engineer
RECOMMENDATION:
That the City Council AUTHORIZE release of the Faithful Performance Warranty and Labor and
Material Bonds for the public Street, Water, and Sewer improvements, and Subdivision
Monumentation Bond in Tract No. 227164:, and DIRECT the City Clerk to so advise the several
Developers and Sureties.
BACKGROUND:
On October 24, 1989, the Riverside County Board of Supervisors entered into subdivision
agreements with:
Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes, Inc.)
24461 Ridge Route Drive, Suite #100
Laguna Hills, CA 92653
for the improvement of streets, installation of sewer and water systems, and subdivision
monumentation. Accompanying the subdivision agreements were surety bonds issued by
American Home Assurance Company as follows:
1. Bond No. PB 300 11 376 in the amount of $72,500 to cover street improvements.
2. Bond No. PB 300 11 376 in the amount of $16,000 to cover water improvements.
3. Bond No. PB 300 11 376 in the amount of $19,000 to cover sewer improvements.
Bond No. PB 300 11 376 in the amount of $53,750 to cover material and labor for
street, water, and sewer improvements.
:~q~hpt~6~0813~'22716F.&:cr
5. Bond No. PB 300 11 377 in the amount of $6,400 to cover subdivision
monumentation.
Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership.
On June 28, 1994, the new partnership, Tayco, a California General Partnership (comprised of
Taylor Woodrow Homes California Umited, a California Corporation, and Taylor Woodrow 'Real
Estate, a California Corporation) submitted a new agreement and riders to the surety bonds for
City Council acceptance and approval.
Tayco has sold this project and subsequent interests have been acquired by:
Van Daele 79 Venture, Ltd.
a California corporation,
2900 Adams Street, Suite C-25
Riverside, CA 92504
The new developer submitted a substitute Subdivision Improvement Agreement and securities
for this project. The surety, American Motorists Insurance Company, posted the following
securities anticipating a partial reduction in faithful performance bond amount:
Bond No. 3SM80712400 in the amount of $53,750 to cover the remaining street, and
water and sewer system improvements and warranty amount for faithful performance.
Bond No. 3SM80712700 in the amount of $6,400 to cover subdivision monumentation.
Bond No. 3SM80712400 in the amount of $53,750 for street, and water and sewer
systems labor and material.
On June 27, 1995, the City Council authorized the fifty-percent (50%) maximum partial
reduction in the Faithful Performance Bond amount under the terms of the basic Subdivision
Improvement Agreement, and accepted the substitute securities.
On August 13, 1996, City Council accepted the public improvements, initiated the one-year
warranty period, and authorized reduction of the faithful performance securities to the ten-
percent (10%) warranty level as follows:
Bond No. 3SM80712400-Street, water, sewer improvements warranty- $10,750
Public Works Staff has determined that all necessary work including repairs/replacement have
been completed. Therefore Public Works Staff recommends that this Faithful Performance
warranty bond be released.
The developer was required to post Labor and Materials bonds to ensure payment to suppliers
and workers. These securities are required to be maintained in effect for the contractual six-
month period following City Council acceptance of the improvements. No claims having been
filed against the developer for either labor or materials, Staff recommends the release of the
following labor and materials security:
Bond No. 3SM80712400-Street, water, sewer labor & materials.
$53,750
:~afdt~6~OS 13~'22716F.oc~r
The subdivision monumentetlon requirements have also been met. Therefore Staff recommends
release of the following security:
Bond No. 3SM80712700-Subdivision Monument
The affected street was accepted into the City Maintained-Street System by City Council
Resolution No. 96-103. The street to be accepted is Corte Seda.
FISCAL IMPACT:
None.
Attachment:
Location Map
:~qdrl~6~O813~r22716F.~cr
NOTI~.: MAPS NOT TO SCALF.
TRACT NO. 22716_F
Location Map
ITEM
7
TO:
FROM:
DATE:
SUBJECT:
APPRnVA! (~/,. ~
CITY ATTORNEY
FINANCE DIRECTG~.~.
CITY MANAGER .,,~'~'
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
-Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Quitclaim Public Utility Easements over portion of Campos Verdes
(Proposed middle school site Easterly of Margarita Road and Northerly of
North General Kearny Road)
PREPARED BY: ~
RECOMMENDATION:
Ronald J. Parks, Principal Engineer - Land Development
Albert K. Crisp, Permit Engineer
City Council adopt a resolution entitled:
RESOLUTION NO. 97-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC
UTILITY EASEMENTS TO THE UNDERLYING FEE OWNERS
(PORTION OF TRACT NO. 3334 FOR SCHOOLSITE EASTERLY OF
MARGARITA ROAD AND NORTHERLY OF NORTH GENERAL
KEARNY ROAD)
BACKGROUND:
The Riverside County Board of Supervisors approved Tract No. 3334 on July 6, 1965,
including acceptance of offers of easements for the construction and maintenance of public
utilities.
Several of these easements fall along the property lines of parcels which are to site a proposed
middle school over Lots 1, 2, and 3 of said Tract No. 3334 as shown on the attached exhibits.
As a condition of the sale of the subject affected parcels, the Temecula Valley Unified School
District is requiring that the several easements be quitclaimed so as to provide a site free of
easements crossing the actual building site and related improvements. The School District
proposes to grant easements to the utilities and water districts as necessary to facilitate utility
placement and easements which do not conflict with the proposed physical facilities.
The owners agent, Robert Bein, William Frost & Associates, has contacted the several utility
companies normally using such easements. Each has stated its' approval for the
quitclaim/vacation of these easements which were intended for the overhead pole systems in
· :~AGi)EPI~97~ 100'AC~ .E~,M
use at that time. With the shift to underground telephone and electrical service systems these
easements became obsolete.
The subject locations and documents are included with this Staff Report. The legal descriptions
are attachments (Exhibits "A" and "B') to City Council Resolution No. 97-
FI-~-AI IMPACT:
None
Attachments:
Resolution No. 97-
with Exhibits 'A" & 'B" attached.
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ~ AUTHORIZING QUITCLAIM OF
CERTAIN PUBLIC UTU.ITY EAS~ TO THE
UNDERLYING FEE OWNERS a~ORTION OF TRACT NO.
3334 FOR SCHOOLSITE EASTERLY OF MARGARITA
ROAD AND NORTHERLY OF NORTH GENERAL
ROAD)
THE CITY COD'HCIL OF THE CITY OF ~ DOES RF.~OLVE, DE"I'I~~ AHD
ORDER AS FOLI~WS:
WHEREAS, The Owners of certain real Frosty within the City of Temecula, CAMPOS
VERDES, x-x C, a ~ Liab'fiity Company, are in the process of selling certain parcels to the
Temecula Valley Unified School District (DISTRICT), for the construction and operation of a
DISTRICT facilities; and,
WliEI~EAS, The said DISTRICT requires that all public utility along lot lines which will
interfere with the construction of school buildings and related facilities be quitclaimed/vacated
prior to acquisition of the parcels proposed for the schoolsite;
WHISttEAS, The several public utilities and water districts for which easements were
granted on Tract Map No. 3334, and expressly over Lots 1-4, are no longer required for the
several utilities installation and maintenance of the/r facilities are in accord with the
vacation/quitclaim of these easements:,
NOW, THEREFORE, BE 1T RESOLVI~D, that the City Council of the City of
Temecula hereby authorizes the quitclaim of said public utility easements as accepted by lhe
County of Riverside and by succession to the City of Temecula as set forth in Exhibits 'A' and
"B' attached hereto.
PASSED, APPROVED, AND ADOFF!~, by the City Council of the City of Temecula
at a regular meeting held on the ?th day of October, 1997.
Patricia H. Birdsall, Mayor,
ATTEST:
June S. Greek, City Clerk
R:h~ODRPT~9'A 10(FAC~ .B~M
STATE OF CALY~ORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMF. CULA )
I, ]une S. Greek, City Clerk of the City of Temecula, Calif--, do hereby certify that
Resolution No. 9q- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 7th day of October, 1997, by the following
vote:
AYES: 0
NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNCILlviF..MB~:
CO~C]LMF. IVH~:
CO~~~:
CO~C~~:
EXHIBIT ~A~ TO RESOLUTION NO. 97-
Quitclaim certain em,-wn~u*s offered to and accepted by the
myerside County B(mrd or Supervisors for the construction and
rpolnte~ence Of public !qi!ltles at the t~ne of approval of Tract
No. 3334. Further described as follows:
3~ne Real Prolmrty s~,-te~ in the County of Riverside, State of
California, described as follows:
Six strips of !and desitmated and describes as Public Utility
gJ.oements (P.U.F..) and more partimlady described as the
Westerly 6.00 feet of Lot 1, the Easterly and Westerly 6.00 feet
of Lots 2 & 3, and the Easterly 6.00 feet of Lot 4, all lying
within Tract 3334, as shown by Map on file in Book S4, Pages
2S through 30 Inclusive of Maps, in the office of the County
Recorder of said Riverside County.
it:~AO~I007~~.BSM
EXHIBIT 'B' TO RESOLUTION NO. 97-
SUBJECT VACATION- PUBLIC UTIUTY EASEMENTS
TO UNDERLYING FEE OWNERS
VICINITY MAP
NttTp: MAPK NflT Tfl K(':-A! P
[F(tFNn
PUBUC UTILITY EASEMENTS
TO BE VACATED BY THIS
ACTION
ITEM
8
APPRnVA~
CITY ATTORNEY
FINANCE
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
'Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Release Warranty and Labor and Materials Bonds in Tract No. 23125-1.
(Northeast comer at Butterfield Stage Road st De Portola Road)
PREPARED BY: /~.~'Ronald J. Parks, Principal Engineer - Land Development
~ Albert K. Crisp, Permit Engineer
RECOMMENDATION:
City Council AUTHORIZE the release of the Faithful Performance Warranty bonds for Street,
Drainage, and Water and Sewer Improvements, and the Labor and Materials Bonds in Tract No
23125-1, and DIRECT the City Clerk to so advise the Developer and Surety.
BACKGROUND:
On September 28, 1993, the City Council approved Tract Map No. 23125-1, and entered into
subdivision agreements with:
The Toman Company, Inc.
18002 Skypark Circle
Irvine, CA 92714
for the improvement of streets and drainage, installation of sewer and water systems, and
subdivision monumentstion.
On November 15, 1994. the City Council accepted and approved substitute agreement and
securities as posted by American Casualty Company of Reading, Pennsylvania (AMCAS) and
/or The American Insurance Company (AIC) on behalf of the following successor-in-interest to
the Toman Company:
Kaufman end Broad of San Diego, Inc.
12626 High Bluff Drive, #400
San Diego, Cs 92130
The substituted securities posted were as follows:
Bond No. 137648998 (AMCAS in the amount of $319,500) and Bond No.
11133152279 (AIC in the amount of $329,500) for a total amount of $639,000 to
cover faithful performance for streets and drainage, and water and sewer improvements.
Bond No. 137648998 (AMCAS in the amount of $160,000) end Bond No.
11133152279 (AIC in the amount of $160,000) for a total amount of $320,000 to
cover labor and materials for street and drainage, and water and sewer improvements.
Bond No. 137649018 (AMCAS) in the amount of $4,212 to cover subdivision
monumentetlon.
Bond No. 137649004 (AMCAS) in the amount of $6,300 to cover traffic signal
mitigation fees
On January 23, 1996, the City Council accepted the public improvements, authorized initiation
of the one-year warranty period, reduction in Faithful Performance Street, Drainage, and Water
and Sewer Improvement bond amounts to the ten-percent (10%) warranty level, and release
of the Subdivision Monumentetlon and Traffic Signalization Mitigation bonds. The following
amounts were held for the warranty period:
Street, Drainage, Water, and Sewer Improvements
(AMCAS Bond No. 137648998 and AIC Bond No. 11133152279)
$63,900
Public Works Staff has reviewed the project in the field and all necessary repairs/replacements
have been satisfactorily completed. Staff therefore recommends the release of the Faithful
Performance Warranty securities.
The developer was required to post Labor and Materials securities to ensure payment to
suppliers and workers. These securities are required to be maintained in effect for the
contractual six-month following City Council acceptance of the improvements. No claims having
been filed against the developer for either labor or materials, Staff recommends release of the
following labor and materials security:
Street, drainage, Water and Sewer Improvements
(AMCAS Bond No. 137648998 and AIC Bond No. 11133152279)
$320,000
The affected streets were accepted into the City Maintained-Street System by City Council
Resolution No. 96-06. The streets within the subdivision accepted were Calle Morita, Via
Chapparo, and a portion of Via Sabino. Several perimeter streets were also accepted into the
City Maintained-Street System by City Council Resolutions No. 95-29 and 95-30 (Portions of
De Portola Road and Butterfield Stage Road).
FIRCA! IMPAnT:
None
Attmchment:
Location Map
TRACT NO. 23195-1
Location Map
NOTE: MAPS NOT TO SCALE
ITEM
9
TO:
FROM:
DATE:
SUBJECT:
APPRrtVA!
CITY ATTORNEY
F . .CE DIRECTO
.. CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Release Faithful Performance Warranty and Labor and Material Bonds in
Tract No. 22716-4.(Northeasterly of intersection of Meadows Parkway
at Rancho Vista Road)
PREPARED BY: Ronald J. Perks, Principal Engineer - Land Development
Albert K. Crisp, Permit Engineer
RECOMMENDATION:
That the City Council AUTHORIZE Release of the Faithful Performance Warranty and Labor and
Material Bonds for the Public Street, Water, and Sewer Improvements in Tract No 22716-4,
and DIRECT the City Clerk to so advise the several Developers and Sureties.
BACKGROUND:
On October 24, 1989, the Riverside County Board of Supervisors entered into subdivision
agreements with:
Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes, Inc.)
24461 Ridge Route Drive, Suite #100
Laguna Hills, CA 92653
for the improvement of streets, installation of sewer and water systems, and subdivision
monumentetlon. Accompanying the subdivision agreements were surety bonds issued by
American Home Assurance Company as follows:
2.
3.
4.
Bond No. PB 300 11 385 in the amount of $325,000 to cover street improvements.
Bond No. PB 300 11 385 in the amount of $98,000 to cover water improvements.
Bond No. PB 300 11 385 in the amount of $68,000 to cover sewer improvements.
Bond No. PB 300 11 385 in the amount of $245,500 to cover material and labor
for street, water, and sewer improvements.
Bond No. PB 300 11 386 in the amount of $13,800 to cover subdivision
monumentetlon.
~dfdfpt~6~OS 13~'227164.acc
Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership.
On June 28, 1994, the new partnership, Tayco, s California General Partnership (comprised of
Taylor Woodrow Homes California Umited, a California Corporation, and Taylor Woodrow Real
Estate, a California Corporation) submitted a new agreement and riders to the surety bonds for
City Council acceptance end approval.
Tayco sold this project and subsequent interests were been acquired by:
Van Daele 79 Venture, Ltd.
a California corporation,
2900 Adams Street, Suite C-25
Riverside, CA 92504
The new developer submitted a substitute Subdivision Improvement Agreement and securities
for this project. The surety, American Motorists Insurance Company, posted the following
securities anticipating a partial reduction in faithful performance bond amount:
Bond No 3SM80712300 in the amount of $245,000 to cover the remaining street,
water, and sewer system improvements and warranty amount for faithful performance.
Bond No. 3SM80712600 in the amount of $13,800 to cover subdivision
monumentetlon.
Bond No. 3SM80712300 in the amount of $245,000 to cover street, end water and
sewer system labor and materials.
On June 27, 1995, the City Council authorized the fifty-percent (50%) maximum partial
reduction in the Faithful Performance Bond amount under the terms of the basic Subdivision
Improvement Agreement.
On August 13, 1996, the City Council accepted the public improvements, initiated the one-year
warranty period, and authorized reduction in the faithful performance securities to the ten-
percent (10%) warranty level as follows:
Bond No. 3SM80712300-Street, water, sewer improvements warranty- $49,000
Public Works Staff has determined that all necessary work including repairs/replacements have
been completed. Therefore Public Works Staff recommends that this Faithful Performance
Warranty bond be released.
The developer was required to post Labor and Material bonds to assure payment to suppliers
and workers. These securities are required to be maintained in effect for the contractual six-
month period following City Council acceptance of the improvements. No claims having been
made against the developer for either labor or materials, Staff recommends release of the
following labor and materials security:
Bond No. 3SM80712300-Street, water, sewer labor & materials. $245,000
~agdrpt\96~ 13~'227164.ar, c
The affected streets were accepted into the City Maintained-Street System by City Council
Resolution No. 96- 103. The streets accepted were Cone Pergamino. Calle Jamill. Cone
Balboa. and portions of Rancho Vista Road and Camino Mares.
FISCAL IMPACT:
None.
Location Map
~h!~96~0~ 13~227164.a~
NOT!~.: MAPS NOT TO SCAI,E
//
t$
TRACT NO. 22716-4
Location
Map
ITEM
10
APPRnVAI .~,.
CITY ATTORNEY
FINANCE DIRECTO~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Accept Subdivision improvements in Tract No. 22762 (Westerly of the
intersection of Ynez Road at Preece Lane)
PREPARED BY: 2~ Ronald J. Parks, Principal Engineer - Land Development
Albert K. Crisp, Permit Engineer
RECOMMENDATION:
City Council ACCEPT the public improvements in Tract No 22762, AUTHORIZE initiation of the
one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water
and Sewer System security amounts, and release of the Subdivision Monumentation and Traffic
Signalization Mitigation securities, and DIRECT the City Clerk to so advise the Developer and
Surety.
BACKGROUND:
On July 14, 1992, the City Council approved Tract Map No. 22762, and entered into
subdivision agreements with:
Weyerhaeuser Venture Company, a Nevada Corporation
for the improvement of streets and drainage, installation of sewer and water systems, and
subdivision monumentation. Accompanying the subdivision agreements were surety bonds
posted by St. Paul Fire and Marine Insurance Company as follows:
Bond No. 400 JJ 3794 in the amount of $577,000 ($455,000, $64,500, and
$57,500, respectively) for Street and Drainage, Water, and Sewer improvements for
faithful performance.
Bond No. 400 JJ 3794 in the amount of $288,500 ($227,500, $32,500, and
$29,000, respectively) for Street and Drainage, Water, and Sewer improvements for
labor and materials.
3. Bond No. 400 JJ 3795 in the amount of $16,500 for subdivision monumentation.
Bond No. 400 JJ 3796 in the amount of $17,500 for traffic signalization mitigation
fees.
R:~G~ 1007~TR22762.ACC
Public Works Staff has inspected and verified the public improvements. The Eastern Municipal
and Rancho California Water Districts have accepted their items of work. Public Works Staff
therefore recommends acceptance of the public improvements, reduction in Faithful
Performance Bond amounts to the ten percent (10%) warranty level and initiation of the one-
year warranty period.
Therefore it is appropriate to reduce the Faithful Performance Bond amount as follows:
Streets and Drainage, and Water and Sewer improvements
$519,300
The Faithful Performance Warranty security will be retained in the amount of:
Streets and Drainage, Water and Sewer Improvements
$57,7O0
The subdivision monumentetlon requirements have been met and Staff therefore recommends
release of the following amount:
Bond No. 400 JJ 3795 in the amount of $16,500 for subdivision monumentetlon.
The traffic signalization mitigation fees have been paid in full and Staff recommends release of
the following amount:
Bond No. 400 JJ 3796 in the amount of $7,500 for traffic signalization mitigation.
The affected streets are being accepted into the City Maintained-Street System by City Council
Resolution 97- at this time. The streets within the subdivision are Corte Malbino, Via Asedo,
and portions of Corte Fresca, and Tierre Viste Road.
FISCAL IMPACT:
None
Attachment:
Location Map
][:~O~ 1007¥1'g22762.ACC
Tract No. ~76~
NOTE,: MAPS NOT TO SC. AI,F,
ITEM
11
TO:
FROM:
DATE:
SUBJECT:
APPRrlVAI
CITY ATTORNEY
FINANCE DIRECTOR.~(-~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicek, Director of Public Works/City Engineer
October 7, 1997
Acceptance of Public Streets into the City Maintained-Street System
(Within Tracts No. 22761 and 22762) (Westerly of intersection of Preece
Lane at Ynez Road)
PREPARED BY: ~,-~Ronald J. Parks, Principal Engineer - Land Development ~ Albert K. Crisp, Permit Engineer
RECOMMENDATION:
City Council adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE
CITY MAINTAINED-STREET SYSTEM (WITHIN TRACTS NO.
22761 AND 22762)
BACKGROUND:
The City Council approved Tracts No. 22761 and 22762 on July 14, 1992, and entered into
Subdivision Agreements for construction of street and drainage, and water and sewer system
improvements, subdivision monumentation and traffic signalization mitigation fees with
Weyerhaeuser Venture Company, a Nevada Corporation.
On October 7, 1997, the City Council accepted the public improvements for these tracts.
The public streets now being accepted by this action are:
Tract No. 22761: Calle Reva, Corte Ocaso, and portions of Preece Lane and Tierre
Vista Road.
Tract No. 22762: Corte Malbino, Via Asado, and portions of Corte Fresca and Tierra
Vista Road.
~:~DIOrl~97~100'ATIO27612.,V1~
FISCAL IMPACT:
Periodic surface end/or structural maintenance will be required every 5 to 8 years.
Att~ehm,~t~:
Resolution No. g7- with Exhibits 'A-B', inclusive.
R:~AODRPT~9'A100~TR227612.$T$
RESOLUTION NO. ~/-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMF_CULA ACC,'~'I~G CERTAIN PUBLIC STI~K~I~
INTO THE CITY MAINTAINED-ST~T SYSTEM
(W1TUIN TRACTS NO. 22761 AND 22762)
THE C1TY COUNCIL OF THE CITY OF TI~IECULA DOES RF. SOLVE, D~ AND
ORDER AS FOLLOWS:
WH~:~tE~q, The City Council of the City of Temecula accepted an offer of dedication
of certnin lots for street and public utility purposes made by Weyerhaeuser V~nture Company,
a Nevada Corporation, with the recordation of Tract Maps No. 22716 and 22762; and,
V~H~..AS, The City of Temecula accepted the improvements within Tracts No 22761
and 22762 on O~tober 7, 1997.
NOW, THKRFJ~ORE. BE IT RESOLVED, that the City Council of the City of
Temecuh hereby accepts into the City l~nl.mined-Street System those streets or portions of streets
offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached
hereto.
PA~qED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
at a regular meeting held on the 7th day of October, 1997.
Patricia H. Birdsall, Mayor
ATrF_.,ST:
June $. Greek, City Clerk
R:~,GDRPI'~7~ 1007~TR227612.STS
[$F.~,]
STATE OF CALIFORNIA
COUNTY OF RIVF. IISIDE
CITY OF TF, MF, CULA
I, Jm~ $. Greek, City Ckrk of the City of Temecula, California, do hereby certify that
Resolution No. 97- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 7th day of-October, 1997, by the following
vote.'
AYES: 0
NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNCH-M'F~MBERS:
COUNCII2~-MBERS:
COUNCH~M~MBERS:
COUNCILMEMBERS:
R:~O~ 1007~TR227612.STS
EXIi!~IT "A" TO ~LUTION NO. 97-
A~epfinr the public streets offered to and accepted by the City
of T~p as indicated on Tract Maps No. 22761 and 22762,
and accepting subject public streets into the City Maintained-
Street System as described below:
A. Those lots described as Lots "A*' through "E# inclusive, as
shown on Tract Map No. 22761, filed 30 July 1992, in Book 240
of Maps, Pgs 1-9 Incl., further described as follows:
Lot NAw**
Lot NB'
Lot "C"
Lot NDn
Lot "E"
Portion of Ynez Road
Portion of Preece Lane
Portion of Tierra Vista Road
Calk Reva
Corte Ocaso
B. Those lots described as Lots 'A' through 'D' inclusive, as
shown on Tract Map No. 22762, f'ded 30 July 1992, in Book
240 of Maps, Pgs 16-16 Incl., further described as follows:
Lot ~Am
Portion of Tlerra Vista Road
Corte Malbino
Via Asado
Portion of Corte Fresca
** Ynez Road was a portion of the County Road-M~intpined
System prior to incorporation, and became part of the City
l~sain~ined-Strect System by succession on December 1, 1989.
R:k4GDRPFW'A 100'AT'R227612 .,Tl~
{~ J,, 34' ~ ¼ 17
4!
48 ~
4Z4~ 4~
SI
ITEM
12
CITY ATTORNEY ' ~1~
FINANCE ~f~=~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Waiver of Application/Permit Fee for Rancho Vista High School 'Drug Free
Run or Walk' Event (Rancho Vista Road to Rancho California Road and
Return)
PREPARED BY: ./~FRonald J. Parks, Principal Engineer - Land Development
/~ Albert K. Crisp, Permit Engineer.
RECOMMENDATION:
That the City Council waive the permit/application fee adopted by City Council Resolution No.
91-96 entitled 'Adopting Standards and Procedurea for Special Events on Public Streets,
Highways, Sidewalks, or Public Rights of Way", for October 25, 1997 'Drug Free Run or Walk'
sponsored by Rancho Vista High School.
BACKGROUND:
City Council instructed Staff at the September 23, 1997, City Council Meeting to prepare staff
report for discussion relating to waiver of application/permit fee for a special event sponsored
by Rancho Vista High School.
The enabling City Council Resolution No. 91-96 set forth a minimum $100.00
application/permit fee for events falling within the public rights of way. This resolution does not
provide a mechanism for waiver of such fees.
The sponsor was issued Special Events Permit LD96-O11SE for a similar event held on October
19, 1996. The requisite fee was paid at the time of issuance.
FI-q~AI IMPACT:
Attmchrn-~tt:
Resolution No. 91-96.
R:~GDRPT~97~ 1007~DRUGRUNW.AIV
fIELD o511DDORT A DRUG F12EE TEMECUIA
RANCtt VISTA ItIGtt ~CIIOOL ~nr~nn~ ....
~ UG
~,~' ® RUN OR WALK®
oSfiturday, October 25,1997
/ ~esis~a~on:N
8:C 0 a.m. - ~esis~aUon
I{ ~CIgT~TION ~O~ ON BACK]/
Ran~o V~s~
31340 R~cho Vis~
Temec~a
q {~sht acro~ from I.V.~.&)
~. ~ [909] 695=7320 -
,F'tW4 T~E W~~~ FAMILY
frOIN US IN A Z~A&T~
ALTERNATIVE TO DRUGS *
*MEDAL& FOI~ ALL AGE CATEC, OI~II~$*FI2EI~
$TARB~CK$ COI~I~EE*DI%AWlNG FOR. GI~EAT DRIZE$
REGISTI TION I ORM
* Die-register by OcL 25th at R. anc6o Vista ~ ~ool and be entered
special pine drawing *
]q_ame
C~ty/State/ZLo
· . ~emale Male ~a/d: Cash/Check}
Check one age category:
-Patent and Child trader 5
15-18 6-10 11-14
46-49 19-29 ~}-45
.~dd~e~
C~ty/~tate/Z~p
Female .~!ale
Chck one age category:
' Darent and Child under
15=18
46-59
6-10
19-29
**MkKE C~CK~ DAYABLi~ TO:
IRmd: Ca~h/Chedt}
.11-14
'60+
DANClIO VI~?A RIG'II ~tlOOL**
ITEM
13
APPROVAl 0~~---~
CITY ATTORNEY
FINANCE DIRECT '
CITy MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Tract Map No. 23101-4, Located at the northeast corner of Promenade
Bordeaux and Promenade Chardonnay Hills in the City of Temecula
PREPARED BY.~'~ Ronald J. Parks, Principal Engineer - Land Development
Larry Cooley, Assistant Engineer
RECOMMENDATION:
That the City Council approve Tract Map No. 23101-4 subject to the Conditions of Approval.
BACKGROUND:
Tentative Tract Map No. 23101, was approved by the County of Riverside Board of
Supervisors on November 8, 1988. The Developer, Bramalea California LLC, has met all of the
Conditions of Approval.
Tract Map No. 23101-4 is a thirty four (34) lot residential subdivision, of 10.2 net acres,
located at the northeast corner of Promenade Bordeaux and Promenade Chardonnay Hills. The
site is currently vacant.
The following fees have been paid for Tract Map No. 23101-4:
Monumentation Review Fee
The following fees have been paid upon rough grading permit by the developer of Tract Map
No. 23100-5:
Stephen's K-Rat Fee
The following fees have been deferred for Tract Map No.23100-5:
Public Facilities Fees
Area Drainage Plan Fee (ADP)
Due prior to first occupancy
Due prior to first building permit
The following security for construction of street improvements has been posted for Tract Map
No. 23101-4: Faithful Performance Bond for the sum total of $263,500; Labor and Materials
Bond in the amount of $131,750; Monumentation Bond in the amount of $2,250.
r:~drpt%g7\1007~ 3101-4.fnlJ~c
FISCAL IMPACT:
None
AttAchments:
2.
3.
4.
Development Fee Checklist
Vicinity Map
Tract Map No. 23101-4
Fees & Securities Report
r:~gdrpt~g7~ 1007~.23101-4 .fnl~lc
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO.: Tract Map No. 23101-4
The following fees were reviewed by Staff relative to their applicability to this project.
FEE
Flood Control (ADP)
Habitat Conservation Plan
Public Facility Development Impact Fee
Quimby
CONDITIONS OF APPROVAL
RCFCWCD letter dated 6-17-88
Deferred to issuance of grading/builcling
Condition No. 21
Due Prior to Grading Permit (Paid)
To be paid prior to certificate of occupancy
Condition No. 24 (Re-phasing)
Due prior to Final Map
r:~gdrpt~97~1007\23101-4.1n~c
/
- /
._i_---~-~ ~ ~ ...---"
\
\
\
\
\
\
\
/
/
/
/
/
/
/
//
!
/
/
////
/
/
/
/
/
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 23101-4
IMPROVEMENTS
Street and Drainage
Water
Sewer
TOTAL
FAITHFUL PERFORMANCE
SECURITY
$158,000
$ 44,500
$ 61,000
$263,500
$ 2,250
Monument Security
DEVELOPMENT FEES
RCFCD (ADP) Fee
Other Development Fees/Deposit
Quimby (includes 50% credit for private facilities)
SERVICE FEES
Planning Fee
Comprehensive Transportation Plan
Plan Check Fee
Monument Inspection Fee
Fees Paid to Date
Balance of Fees Due
DATE: October 7, 1997
MATERIAL & LABOR
SECURITY
$ 79,000
$ 22,250
$ 30,500
$131,750
$ T.B.D**
$ T.B.D.*
918,450.00
$ 139.00
$ 8.00
$ 1910.00
$ P50.00
$ 2,307.00
$ 0.00
* T.B.D. - To Be Determined
r:~gdrpt~97\1007~23101-4.fnl/Ic
ITEM
14
TO:
FROM:
DATE:
SUBJECT:
APPRnVA!
CITY ATTOBNEY
FINANCE DIRECTOR~~
CITY MANAGER
CiTY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Tract Map No. 23100-5, Located at the northeast corner of Promenade
Bordeaux and Promenade Chardonnay Hills in the City of Temecula
PREPARED BY: /'~t~'Ronald J. Parks, Principal Engineer - Land Development
~Larry Cooley, Assistant Engineer
RECOMMENDATION:
That the City Council approve Tract Map No. 23100-5 subject to the Conditions of Approval.
BACKGROUND:
Tentative Tract Map No. 23100, was approved by the County of Riverside Board of
Supervisors on November 8, 1988. The Developer, Bramalea California LLC, has met all of the
Conditions of Approval.
Tract Map No. 23100-5 is a twenty eight (28) lot residential subdivision, of 10.9 net acres,
located at the northeast corner of Promenade Bordeaux and Promenade Chardonnay Hills. The
site is currently vacant.
The following fees have been paid for Tract Map No. 23100-5:
Monumentation Review Fee
The following fees have been paid upon rough grading permit by the developer of Tract Map
No. 23100-5:
Stephen's K-Rat Fee
The following fees have been deferred for Tract Map No.23100-5:
Public Facilities Fees
Due prior to first occupancy
Area Drainage Plan Fee (ADP)
Due prior to first building permit
The following security for construction of street improvements has been posted for Tract Map
No. 23100-5: Faithful Performance Bond for the sum total of $299,000; Labor and Materials
Bond in the amount of $149,500; Monumentation Bond in the amount of $2,250.
r:~gdrpt\97~1007~23 I01-4.fni/ja
FISCAL IMPACT:
None
AttAchments:
2.
3.
4.
Development Fee Checklist
Project Location Map
Tract Map No. 23100-5
Fees & Securities Report
r:~gdrl=t~,97'~1007~23101-4
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO.: Tract Map No. 23100-5
The following fees were reviewed by Staff relative to their applicability to this project.
FEE
Flood Control (ADP)
Habitat Conservation Plan
Public Facility Development Impact Fee
Quimby
CONDITIONS OF APPROVAL
RCFCWCD letter dated 6-17-88
Deferred to issuance of first building permit
Condition No. 21
Due Prior to Grading Permit (Paid)
To be paid prior to certificate of occupancy
Condition No. 24 (Re-phasing)
Due Prior to Final Map
r:~gdrpfi,9? ~1007~23101-4 .fnl/j8
/
/
t
I
I
I
I
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 23100-5
IMPROVEMENTS
Street and Drainage
Water
Sewer
TOTAL
Monument Security
DEVELOPMENT FEES
RCFCD (ADP) Fee
Other Development Fees/Deposit
FAITHFUL PERFORMANCE
SECURITY
$180,500
$ 53,500
$ 65,000
$299,000
2,250
Quimby (includes 50% credit for private facilities)
SERVICE FEES
Planning Fee
Comprehensive Transportation Plan
Plan Check Fee
Monument Inspection Fee
Fees Paid to Date
Balance of Fees Due
DATE: October 7, 1997
MATERIAL & LABOR
SECURITY
90,250
26,750
32,500
149,500
T.B.D.*
T.B.D.*
5,750.00
130.00
8.00
1730.00
950.00
2,118.00
0.00
* T.B.D. - To Be Determined
r:~gclrl~t~g7\1007',23101-4 .fnl/je
ITEM
15
TO:
FROM:
DATE:
SUBJECT:
APPRrlVA!
CITY ATTORNEY
FINANCE DIRECTOR~
CITY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Accept Subdivision Improvements in Tract No. 22761 (Westerly corner
of Ynez Road at Preece Lane)
PREPARED BY: ~,/Ronald J. Parks, Principal Engineer - Land Development
~ Albert K. Crisp, Permit Engineer
RECOMMENDATION:
City Council ACCEPT the public improvements in Tract No 22761, AUTHORIZE initiation of the
one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water
and Sewer System security amounts, and release of the Subdivision Monumentetlon and Traffic
Signalization Mitigation securities, and DIRECT the City Clerk to so advise the Developer and
Surety.
BACKGROUND:
On July 14, 1992, the City Council approved Tract Map No. 22761, and entered into
subdivision agreements with:
Weyerhaeuser Venture Company, a Nevada Corporation
for the improvement of streets and drainage, installation of sewer and water systems, and for
subdivision monumentetlon and Traffic Signalization Mitigation. Accompanying the subdivision
agreements were surety bonds posted by St. Paul Fire and Marine Insurance Company as
follows:
Bond No. 400 JJ 3791 in the amount of $1,429,000 ($476,500, $197,000, and
$183,000, respectively) for Street and Drainage, Water, and Sewer improvements for
faithful performance.
Bond No. 400 JJ 3791 in the amount of $428,500 ($238,500, $98,500, and $91,500,
respectively) for Street and Drainage, Water, and Sewer improvements for labor and
materials.
3. Bond No. 400 JJ 3792 in the amount of $47,000 for subdivision monumentetlon.
Bond No. 400 JJ 3793 in the amount of $12,000 for traffic signalization mitigation
fees.
R:~G~ 1G07~TR22761 .ACC
Public Works Staff has inspected and verified the public improvements. The Eastern Municipal
and Rancho California Water Districts have accepted their items of work. Public Works Staff
therefore recommends acceptance of the public improvements, reduction in Faithful
Performance Bond amounts to the ten percent (10%) warranty level and initiation of the one-
year warranty period.
Therefore it is appropriate to reduce the Faithful Performance Bond amount as follows:
Streets and Drainage, and Water and Sewer improvements $770,850
The Faithful Performance Warranty will be retained in the amount of:
Streets and Drainage, Water and Sewer improvements $85,650
The subdivision monumentation requirements have been met and Staff therefore recommends
release of the following amount:
Bond No. 400 JJ 3792 in the amount of $47,000 for subdivision monumentation.
The traffic signalization mitigation fees have been paid in full and Staff recommends release of
the following amount:
Bond No. 400 JJ 3793 .in the amount of $12,000 for traffic signalization mitigation.
The affected streets are being accepted into the City Maintained-Street System by City Council
Resolution 97- at this time. The streets within the subdivision are Corte Ocaso, Calle Reva,
and portions of Preece Lane,Tierra Vista Road, and Ynez Road. Ynez Road in this reach was in
the County Maintained-Road System prior to incorporation and became a portion of the City
Maintained-Street System by succession on December 1, 1989.
FISCAL IMPACT:
None
Attechment:
Location Map
R:~AGDRPT~ 1 ~7~TR2276 ! .ACC
~ VIr, JNITY
f~ YIIE/. ROAD
LOT
I'lLI I'! ir-i
Tract No. 77761
: ,ocatlon Man
NO'IT.: MAPR NOT TO
ITEM
16
TO:
FROM:
DATE:
SUBJECT:
CITY ATTORNEY
FINANCE DIRECTOI~~~.
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Completion and Acceptance of the Traffic Signal at State Route 79 South
and Margarita Road/Redhawk Parkway - Project No. PW95-15
PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects
All Moghadam, Associate Engineer - Traffic/Capital Projects
RECOMMENDATION:
That the City Council accept the traffic signal at State Route 79 South and Margarita
Road/Redhawk Parkway, Project No. PW95-15.
File Notice of Completion, release the Performance Bond, and accept a one (1) year
Maintenance Bond in the amount of 10% of the contract, and;
o
Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion if no liens have been filed.
BACKGROUND:
The City Council awarded a contract for the installation of a traffic signal at the above
referenced location, Project No. PW95-15 to DBX, Inc. in the amount of $141,676.50. This
project included installation of a traffic signal, removal of median island on Redhawk Parkway
to provide two (2) left-turn lanes, and minor signing and striping at this intersection.
The Contractor has completed the work in accordance with the approved plans and
specifications to the satisfaction of the Director of Public Works. Completion of this project
was delayed due to construction work on SR 79(S) by Riverside County Assessment District
159 (AD159). The construction retention for this project will be released on or about 35 days
after the Notice of Completion has been recorded.
FISCAL IMPACT:
This project was funded by Development Impact-Signal Mitigation Fees from Account No. 210-
165-645-5804, and included one (1) change order in the amount of $595.00 for additional
work associated with removal of the existing median island on Redhawk Parkway. However,
since some of the signing and striping was eliminated from this project, the final contract
amount was reduced to $138,696.80. The signing and striping work was completed by the
AD159 project after completion of the road work on SR 79(S).
r:~qdrpt\g7~lOOTywgS-lJ.acc/,,jp
Attachments:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit
r:~agdrpt\97~ 1007~pw95-15.nee/nip
RECO!trqNG REnUE~='f~'~ BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Perk Drive
T®mec:ula, CA 92589-9033
8PACE ABOVE THIS LINE FOR
RECORDER'$ USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN.THAT:
1. The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590,
3. A Contract was awarded by the City of Temecula to DBX, inc. to perform the following
work of improvement:
Traffic Signal Installation at
State Route 79 South and Margarita RoadlRedhawk Parkway
Project No. PW95-15
4. Said work was completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted
by the City Council of the City of Temecula at a regular meeting thereof held on October 7, 1997. That
upon said contract the Continental Casualty Company was surety for the bond given by the said company
as required by law.
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 95-15.
Parkway.
The street address of said property is: State Route 79 South at Margarita RoadlRedhawk
Dated at Temecula, California, this. day of
,1997.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
ss
JUNE S. GREEK, City Clerk
I, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of
perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF
COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of
Riverside by said City Council.
Dated at Temecula, California, this day of
,1997.
JUNE S. GREEK, City Clerk
R:~ie'kee'e~e~awi6~w96-16~.~1~
C. 1 TT g'F
CiTY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW$§- 15
TRAFFIC SIGNAL INSTALLA T/ON ~[i) SR795 & MARi3ARITA/REDHAWK
This is to certify that DBX, Inc. , (hereinafter the
"CONTRACTOR") declares to the City of Temecula, under oath, that he/it has paid in full for all
materials, supplies, labor. services. tools, ecluipment, and all other bills contracted for by the
CONTRACTOR or by any of the CONTRACTOR's agents. employees or subcontractors used or in
contribution to the execution of it's contract with the City of Temecula, with regard to the building.
erection, construction, or repair of that certain work of improvement known as I~OJECl' NO.
· PW95-15 TRAFFIC SIGNAL INSTALLATION (!i 8R79S & MARGARITA/REDHAWI( situated in the
City of Temecula, State of California, more particularly described as follows:
INSERT TITLE' OF WORK HERE'
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a stop notice against of any
unpaid sums owing to the CONTRACTOR.
Further, in connection with the final payment of The Contract, the CONTRACTOR hereby
disputes the following amounts:
Description
Dollar Amount to DLspute
Pursuant to Public Contracts Code ~ 7200, the CONTRACTOR does hereby fully release and
aC¢lUil~ ~ha City of Tamecute and all agents and employees of the City, and each of them. from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecuia of any contact amount which the
CONTRACTOR has not disputed above.
Dated:
.~,pt~ah~r 8, ~1997
Jim Perry, President
Print Name and Title
J
BOND# 1&1512675
PREHIUH: INCLUDED IN
PERFORHANCE BOND
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
PROJECT NO. PW95-15
77MFFIG ~16NA,[ IIVSTALL4 TION 0 $R7~$ & MARGARITA/REDHA WK
KNOW ALL MEN BY THEBE PREIENT$ THAT:
DBX, INCORPORATED 42066 AVENIDA ALVARADO, SUITE C, TEHECULA, CA 92590
NAME AND ADDRESS OF CONTRACTOR
CORPORATION ....... , hereinafter called PrintSpat, ·rid
ffJtl i!~ wh~tlter 41 Cor~M~n, P~rnel~h~ o! ~divJdu41)
CONTINENTAL CASUALTY COHPAN~ 1800 E. IHPERIAL HIGI~AY, BREA, CA 92821
NAME'AND A~Dt~$$ OF SURETY
hereinafter called SURETY, ~re held and firmly bound unto CITY OF TEMECULA,
hereinafter called OWNER,in the penal sum of ~IRT~;[1; ~[Q_US~ EIGET EUEJ)R~.D S
DOLI. AI~ lad SIXTY-EIGHTi
CENll ($ 13,869.68 ' _ ) i~11~wful money of the United States, elid sum being not
than ten percent ClO%) of the Corltract value payable by the laid City of Tamecull under the
term· of the Contract, fo~ the payment of wi~ch. we bind ourselves. successor· and
jointly and alvarally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas. the Principal entered into s certain
Contract with the OWNER, dated the 12~!; day ef F. AltCH ,18 96 · a copy Of which is
hereto attached end made · part hereof for the construction of PROJECT NO. PtNg~-¶ 6TRAFFIC
· I(]NAL INSTALLATION ~ ~'R79~ & MARGARITAJREDHAWK.
WHEREAB, ~aid Contract provides that the Principal will furnish a bond conditioned to:Ouarantae
for the period of one year after approval o! the final estimate on said job, by the OWNER, against
811 defects in workmanship and materials which may become apparent during said period: and
WHEREAS, the laid Contract has bsen completed, and was approved on ~_ 22
le 97.
NOW, THEREFORE, THE CONDITION OF THIS OBUGATION I$ SUCH. that if within one yee¢ from
the date of ipprovel of the ~id Contract. the work done un4er the terms of laid Contract shall
disclose poor workmanship in the execution of lald wMk, and the carrying out of the tatreS of said
Contract. or it shill appear that defective materials were furnished thereunder, then this obligation
shall remain in full force and vi,ue, otherwise this instrurnem shall be void.
MAINTENANCE BONO M. ~ c~l)~o~¢m~wll- 1 a~l)idep~e I 100~8S eeh
Signed ind rammed this 4TH ally of SEPTEI~ER
,19 97.
(Se~l)
~URETY CONTINENTAL CASUALTY COHI:'AI~
,,: .~,~'-~ ~ ~.~ ....
DAVID L. CULBERTSON
iN'me!
ATTORNEY-IN-FACT
(Titlel
APPROVED AS TO FORM:
City Attorney
I~IN~AL DBX, INCOl~POKATED
President
(Title)
By:
(Nmme)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~"~'1 ifornf~
County of Riverside
~m ~ ~ ~ ~ ~ (e.g., '~ ~. ~ P~')
personally Known to me - Oil - F'I proved to me on the basis of satisfactory evidence to be the per$on~)
whose name(s~ isisu~ subscribed to the within instrument
and acl~owledged to me that he~ud~/executed the
........... .~ _ same in hiaaaB,lltm~ authorized capacity(ias), and that by
hi~bacllJa~signature~s) on the instrument the person(~),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information t~elow is not required t~y law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and realtachment of this fonn to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity((es) Claimed by Signer(s)
Signer's Name: 3ira Perry
Signer's Name:
~,, Individual
~ Corporate Officer
Title(s): President
[] Partner--E] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator ~
~ Other: Tc~ of thumb ~e
[] Individual
[] Corporate Officer
Title(s):
G Partner--[] Limited [] General
r-1 Attorney-in-Fact
[] Trustee
l"i Guardian or Conservator ~
r-] Other: Top of thumb here
Signer Is Representing:
Signer Is Representing:
DRX, T~C.
1995 N&tmnal Notary Alr, o~allOtt · 8236 ~ Ave., P.O. BOX 71~4. · Cmloga Pa~. CA 91~0~71~4
P~'ocI. No. 5907 Reo~r:, Call T~lI-Fme I.~X)~76-6827
CALIFOBNIA ALL-~SE ACKNOWX,ED~MENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 9-04-97 before me,
KAREN CHANDLER - NOTARY PUBLIC
personally appeared DAVID L. CULBERTSON personally
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the
same in hi~ authorized capacity, and that by his signature on the
instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
W~ my hand and official seal.
OPTION~.L
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.
DESCRIPTION OF ATTACHED DOCUF~NT
MAINTENANCE BOND
HUggeR OF P.14G~ 2
9-04-97
[] INDIVIDUAL
[] PARTNER ( S )
[] OTHER'
SIGNER IS REPRESENTING:
CAPACITY CLAIMED BY SIGNER
[] CORPORATE OFFICER
TITLE (S)
[] ATTORNEY-IN-FACT [] TRUSTEE (S)
CONTINENTAL CASUALTY COMPANY
NAH£ OF PERSON,S) OR ENTITY(S)
'Continental Casualty Company
OVA
Fog' All I~' (',lamile,.,l~ ~m MIkP'
AN ILLINOIS CORPORATION
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Knmv All Men by these Prllant~. That CONTINENTAL CASUALTY COMPANY. · torporIlion duly orpnized and existing under the
IIWS of the State of Illinois, and havln8 its principal office in the City Of Chicaid, and State of Illinois, does hereby mike, const,lute
and appoin~2qvid I. C-lbertson, Chuck !. Flake. Linda L. Culbertson, Diana Laskowski,
Individually
m Anaheim, California
Its true i~d iowiul Attornay-ln.llct with lull power Ind authority hereby co,letted to sign. Bell mnd execute in Ira I)~l bonds. undertakings
~ other obllollory inatrumenta of sialIra nature
- In Unlimited Amounts -
and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if SUCh instruments were signed by the
duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of laid Attorney, pursuant to the authority hereby
given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by luthority of the following By-Law duly adopted by the Board
Directors of the ComPany.
· 'Article IX-Execution of Doeurals
~tion.3. AppointNnt of Attpm~y-jn.flct. The Prllid~nt or I V~l Pr~lldlnt .filly, fro~ tim~ tO time., apt.~.). ant by ~writtem,-~tlficltas
attornaya-in-Tlct to act in I~helf of the c,,ompany in the exc~cution of policies of incurante, bonds, uf~taKmgs Inc other obliOltory
inltrumentl of like nlture. Such ittorneye-in-tlct, subject to the limitlfione sat to~h in Iheir msplctiv~ clrtJlicites of sutl~ority,
~ full power tO bind the Cornpiny by their dignature m~l e.x.eoution ot ~ny such .Instr--. t$ ..led to Ittl~? t.t~ I711 of t.he .C~. ny
tl~f~to. The President or iny Vice Proaldlnt or the Bolrd of Olr~torl ~my It Iny tm~l rlVOKe III powlr InC lutnomy prlvtOUSly Otven
to Iny attomey-in-llct."
This Power of Attorney is sigf~d and sealed by facsimile under end by the Iufhority of the following Resolution adopted by the
Board of Directors of the Company It a meeting duly called and held on the 3rd day of April, 1957.
"Resolvid, that the siEnatuft of the President or Vice Presiciont Ind the ~ of.the ~y ~ N ifflx~ ~y f~Wmi[i on any
~ of IfiO~ g~t~ pU;Ulnt tO ~l~ 30~A,'~ IX of t~ By-...~, ~ t~ ~t~ of the ~mt~ or In
l~ f~imile i~Mturel ind wl ~11 ~ vMM ~ bl~ing on t~ ~Hny. Any ~Cn ~r K ~Km~
bY c~liiml ~ IxKutK and ml~ 8~11, with ~t to ~y ~ ~ u~nMing to ~iCh It is attlC~, continue to
M~I~ ~ t~ ~y."
In Was ~mf, CONTIN[NTAL CASUAL~ COMPANY has cau~d the~ presents to ~ sisned by its Vice President
~mte ~1 to ~ Weto Iffix~ on this ~h day of January ,29_ ~1.
State of Illinois )
County of Cook ( ss
CONTINENTAL CASUALTY COMPANY
J. E. Purrell Vice Presidlnt.
On this 30th day of January , 19 9] , before me parsRally came
J. E. Puttell, to m~ knewn, who, being by me du~ sworn, did depose and. say.: thl. t~ he .resides. '~.t.he Vi#l .ie 0f_Glen. wow, St.ate ot II. ii .n~. s.: that he m
I Vice-President of CONTINENTAL CASUALTY COMPANY, the corporltmn oe~crl~ in and wn~n Ixecut~ the leove rostrumant; mat he knows
the sail of said CorporatKm:.that the s~..,I Iffixed to tl~ laid instr.ument is.s .u.c.h. _c~. to. _f?l: t. hlt ~t.was .So Iffixld. pursu~?.t. to. the said i.n~ru_me~t
is such corporate lall: that it was to affixed pursuant to IUthority liveR_bY t.r~. uolf~. OT.U. IrICtorS.01 said Corporation and 1111t no sl~n~o nls Rime
thereto pursuant to like luthority, and acknowiedBes same to be the act arm oeec OT sam corporaten.
CERTIFICATE
I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above
set forth is still in force, and further certify that Section 3 of Article IX of the By. Laws of the Company and the Resolution of the Board of
Directors, set forth in said Power ot Attorney are still in force. In testimony whereof I hive I~ereunto subscribed my name and affixed the Seal
of the laid
Company this
Form 1.23142-B
INV. NO. G-$9200-B
ITEM
17
CITY ATTORNEY
FINANCE DIRECTO~Z-'-**
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
SUBJECT:
Award of Construction Contract Public Works Department Maintenance
Work Order 97-98-002 - Walcott Lane
PREPARED BY: ~.~ Bradley A. Buron, Maintenance Superintendent
RECOMMENDATION:
That the City Council:
Award a contract for Public Works Department Maintenance Work Order No. 97-97-002
to A Park Avenue Builders in the amount of $23,800.00 and authorize the Mayor to
execute the contract.
Authorize the City Manager to approve change orders not to exceed the contingency
amount of $2,380.00 which is equal to 10% of the contract amount.
BACKGROUND:
On September 17, 1997, the Public Works Department, in conformance with the City's current
purchasing procedures requested proposals for a Public Works Maintenance Project No. 97-98-
002 (See Attached Scope of Work). The two (2) sealed bids were received as follows:
A Park Avenue Builders .......................... $23,800.00
Hardy & Harper, Inc ............................. $34,200.00
A Park Avenue Builders has performed contract work in the past for the City of Temecula, and
we have found their work to be satisfactory. The costs are within the Engineer's estimate
Work is expected to begin in early October, 1997.
A copy of the bid summary is available for review in the City Engineer's office.
r.~agdrpt\97~1007~97-98002..wdlajp
FISCAL IMPACT:
The project is being funded from the Public Works Street Maintenance Account No. 001-164-
601-5402. The total project is $26,180.00 which includes the contract amount of $23,800.00
plus 10% contingency of $2,380.00.
ATTACHMENTS:
1. Scope of Work
2. Contract
~gdrpt~97~1007\97-98002..wdlajp
City of Temecula
Public Works Department
WORK ORDER REQUEST
Street Maintenance Ouote
DATE: gept. 10, 1997 QUOTE g97-98 - 00~.
BID OPENING DATE: geptemher 17, 1997
Deliver to: Temecula City Hall, 43200 Business Park Drive, City Clerks Office no later than
2:30 p.m.
LOCATION: Walcott Lane
All areas are marked at toe of slopes and sweet in white and orange paint indicating areas by number and letter.
SCOPE OF WORK INVOLVED:
AREA 1A
Pave shoulder 4" X 3 ~' X 586', at southend of new paving install 10' of 6" A.C. Dike
At northend install 20' 6" A.C. Dike to act as flowline separator to direct water to street flowline and into "V"
Ditch
AREA 1R
Pave shoulder 5 ~,~' X 455'
Northend install 15' of 6" A.C. Dike
Southend install 10' of 6" A.C. Dike
AREA ~A
Pave shoulder 5' X 480'
Northend only, install 20' 6" A.C. Dike
AREA ?R
4" pave flowline to existing 'V' ditch 4' X 180' running north parallel with Walcott Lane
AREA 3A
Pave 4' X 475'
Northend install 20' of 6" A.C. Dike
AREA 3R
Pave 4' X 440'
AREA 4A
Pave 5' X 400' 6" A.C. Dike
Install 180' 6" A.C. Dike from existing mail box going south to existing Dike at E.P.
r. kamint6a\wkonien~98\wodmrde.002/ajg
Asphalt paving to be 4" thickness
All A.C. work to be performed within three (3) working days
A.C. truck route to be determined by City of Temecula Maintenance Superintendent (No Exceptions)
Approximate Q~mntities:
15,330 S.F. of 4" A.C. Paving
710' L.F. of 6" A.C. Dike
Reminder: All projects require Certified Payroll
CONTRACTOR TOTAL PRICE: CITY
PREPARED BY: APPROVED BY:
Address:
City:
Phone/FAX:
PLEASE PRINT
Signature
(written amount - Please spell out)
r: ~n~i~tein~wkordm~98\workon:lc. 002/ajp
City of Temecula
Public Works Department
WORK ORDER REQUEST GUIDELINES
Street Maintenance Ouot¢ ....
SCOPE OF WORK INCLUDES:
1. Traffic Control (Solar Arrow Board - ON'IN, NO F~XC.F~PTION~)
2. Water - Water Meter
3. Move In - Move Out
4. Equipment and Materials to be supplied to perform work
5. If Scope of Work requires roll-off bin -
for disposal contact Temecula Environmental at (800) 755-8112
· No other waste disposal bin will be allowed on job site "NO EXCie, PTIONg"
Any questions regarding this Work Order Request for Quote
Contact Brad Buron, Maintenance Superintendent (909) 694-6411
r.~maialain~,wkotdm~\98\worko~de. OO2/,,jp
CITY OF TEMECULA
AGREEMENT
WORK ORDER NO. 97-98-002
THIS AGREEMENT, made this 7th day of October, 1997, by and between the City of Temecula
("City") a municipal corporation, duly organized and existing under and by virtue of the laws of the State of
California, and A Park Avenue Builders, hereinafter called ~Conwactor". In consideration of their mutual
promises contained herein, the parties agree as follows:
1. The Contractor, in consideration of the promises of the City hereinafter set forth, hereby agrees to
furnish all tools, equipment, hbor and matefiah necessary to perform and complete in a workmanlike manner,
all of the work required for the construction of the improvements described in Work Order No.97-98-002
attached hereto. The work shall be performed according to the City of Temecula's Procedures For Informal
ltiddirlg For Public Wor!~ Street Maintenance Work Orders of ~25,000 or I-~.ss, Fiscal Year 1997-98.
("Informal Bidding Procedures").
Where the Work Order or the Informal Bidding Procedures describe portions of the work in general
terms, but not in complete detail, the latest version of the City of Temecula, Department of Public Worlm
Standards Drawirl~ for Public Works Construction ('Standard Drawings'), and Standard ~}ecification.s for
Public Works Construction, including all supplements as written and promulgated by the ~oint Cooperative
Committee of the Southern California Chapter of the American Associated General Contractors of California
(hereinafter, 'Standard Specifications') shall control. Copies of the Standard Specifications are available from
the publisher:
Building News, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
In case of any conflict between the Standard Drawings and the Standard Specifications, the Standard
Drawings shall control. Where the Work Order, the Informal Bidding Procedures, the Standard Drawings,
or the Standard Specifications only describe portions of the work in general terms, but not in complete detail,
it is understood that the item is to be furnished and installed completed and in place and that only the best
general practice is to be used.
2. The City, in consideration of the performance of this Contract, agrees to pay the Contractor and the
Contractor agrees to accept in full satisfaction for the work done hereunder the sum of Twenty Three
Thousand Eight Hundred Dollars and No Cents ($23,800.00), in accordance with the bid of the Contractor
which sum shall be paid to the Contractor within the time and in the manner set forth in the Informal Bidding
Procedures, final payment to be made within thirty-five (35) days afar filing Notice of Completion of said
work and improvement with the Riverside County Recorder.
3. Pursuant to the provisions of Section 1773 of the Labor code of the State of California, the City
Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and
overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract
from the Director of the Depaximent of Industrial Relations. These rates are on file in the office of the City
Clerk. Copies may be obtained at cost at the City Clerk's office in Temecula. Contractor shall post a copy
of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor
shall comply with the provisions Section 1773.8, 1775, 1776, 1777.15, 1777.6, and 1813 of the labor Code.
r:~zzt~\wo~ord~98~reemem. 002~
Pursuant to the provisions of 1775 of the l~bor Code, Contraclor shall forfeit to the City, as a penalty,
~he sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed,
paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any
subcontractor under him, in violation of the provisions of the Contract.
4. Contractor, by executing the Contract, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
5. All work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site, shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold
harmless and defend City, its officers, employees, and agents, against any and all liability, injuries, or death
of persons (Contractor's employees included) and damage to property, arising directly or indirectly out of the
obligations herein undertaken or out of the operations conducted by Principal, save and except claims or
litigations arising through the sole active negligence or sole willfid misconduct of the City.
6. Contractor and subcontractors shall obtain all necessary licenses, including but not limited to City
business license.
IN WITNESS WHEREOF, the City has caused its corporate name and seal to be hereunto subscribed and
affixed by the [Mayor/City Manager] and attested to by the City Clerk, both thereunto duly authorized, and
the Contractor has hereunto subscribed this Contract the day, month and year hereinabove written.
CONTRACTOR
A PARK AVENUE BUILDERS
32625 Los Encinos
Temecula, CA 92592
(9O9) 676-3735
Duane Jackson, Owner
CITY OF TEMECULA
ATTEST:
By'.
Patricia H. Birdsall, .Mayor
lune S. Greek, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
r:~mslntain~workord\98~gr~me~C O02ajp
PROJECT NO. 97-98-002
CITY OF TEMECULA
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
This is to certify that , (hereinafter the
"undersigned") declares to the City of Temecula, under oath, that it has paid in full for all materials, supplies,
labor, service.s, tools, equipment, and all other bills contracted for by the undersigned or by any of the
undersigned's agents, employees, or subcontractors used or in contribution to the execution of its contract with
the City of Temecula with regard to the building, erection, construction or repair of that certain work
improvement known as:
, situated in the Community of ,
The undersigned declares/~at it knows of no unpaid debts or claims arising out of said Contract which
would constitute grounds for any third party to claim a stop notice of any unpaid sums owning to the
undersigned.
Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned
does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and in
favor of the undersigned and the City of Temecula or which relate in any way to work performed by the
undersigned with regard to the above referenced construction project.
Further, ~he undersigned expressly acknowledges its awareness of and waives the benefits of 1542 of
the Civil Cede of the State of California which provides: "A general release does not extend to claims which
the creditor does not know or suspea to exist in his favor at the time of executing the release, which if known
to him must have materially effected settlement with the debtor".
This release is intended to be a full and general release of any and all chims which the undersigned
now has or may, in the future, have a~i~t ~ City of Temecula and/or its agents and employees with regard
to any matter arising from the construction or the above referenced project or the contract between the City
and the ConWactor with respect thereto whether such claims are now known or unknown or are suspected or
.unsuspected.
(Name)
(Title)
r.~ammin\wot~cord\9$Xagm~mt. 002sip
ITEM
18
APPROVAl O~
CITY ATTORNEY
FINANCE DIRECT
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
SUBJECT:
Award of Construction Contract Public Works Department Maintenance
Work Order 97-98-003 - Walcott Lane at Klarer
PREPARED BY: ~ Bradley A. Buron, Maintenance Superintendent
RECOMMENDATION:
That the City Council:
Award a contract for Public Works Department Maintenance Work Order No. 97-97-003
to A Park Avenue Builders in the amount of $23,900.00 and authorize the Mayor to
execute the contract.
Authorize the City Manager to approve change orders not to exceed the contingency
amount of $2,390.00 which is equal to 10% of the contract amount.
BACKGROUND:
On September 17, 1997, the Public Works Department, in conformance with the City's current
purchasing procedures requested proposals for a Public Works Maintenance Project No. 97-98-
003 (See Attached Scope of Work). One (1) sealed bid was received as follows:
A Park Avenue Builders ................................ $23,900.00
A Park Avenue Builders has performed contract work in the past for the City of Temecula, and
we have found their work to be satisfactory. The costs are within the Engineer's estimate
The construction schedule is seven (7) days. Work is expected to begin in October, 1997 and
be completed within seven (7) days
A copy of the bid summary is available for review in the City Engineer's office.
r.~gdr~t~97\1007~97-98003.ewdlajp
FISCAL IMPACT:
The project is being funded from the Public Works Street Maintenance Account No. 001-164-
601-5402. The total project is $26,290.00 which includes the contract amount of $23,900.00
plus 10% contingency of $2,290.00.
ATTACHMENTS:
1. Scope of Work
2. Contract
c\~gdrl~t\97\1007\97-98003..wdl,.jp
City of Temecula
Public Works Department
WORK ORDER REQUEST
Street Maintenance Ouote
DATE: ~gept. 10, 1997 QUOTE g97-98 - 003
BID OPENING DATE: ,~eptemher 17, 1997
Deliver to: Temecula City Hall, 43200 Business Park Drive, City Clerks Office no later than 2:30 p.m.
LOCATION: Walcott Lane at K!arer Lane
SCOPE OF WORK INVOLVED:
Construct 6' high X 200' in length split face (tan in color) block wall starting at intersection of Klarer Lane,
Walcott Lane going north on the west side of street. The last 24' to be 4' high. Please review wall standard.
Comer of Walcott Lane and Klarer Lane to be tied into existing waffle wall, 2 each 6" perforated pipe to be
placed at bottom of slope the entire length of wall, back of wall to be backfilled 4' in height with 1 1/2" minus
rock entire length of wall.
See Attached highlighted standard
Reminder: All projects require Certified Payroll
CONTRACTOR
PREPARED BY:
TOTAL PRICE:
CITY
APPROVED BY:
Address:
City:
Phone/FAX:
PLEASE PRINT
Signature
(written amount - Please spell out)
r:~mintaln\wkord~'m\98\workonl~.OO$1ajp
City of Temecula
Public Works Department
WORK ORDER REQUEST GUIDELINES
~treet Maintenance Ouote
SCOPE OF WORK INCLUDES:
1. Traffic Control (Solar Arrow Board - ON'IN, NO EXCEPTIONS)
2. Water- Water Meter
3. Move In - Move Out
4. Equipment and Materials to be supplied to perform work
5. If Scope of Work requires roll-off bin -
for disposal contact Temecula Environmental at (800) 755-8112
· No other waste disposal bin will be allowed on job site "NO EXCEPTIONS"
Any questions regarding this Work Order Request for Quote
Contact Brad Buron, Maintenance Superintendent (909) 694-6411
r:. ~mainmin\wko~icm\98'~worko~¢. 00~/aj~
CITY OF TEMECULA
AGREEMENT
WORK ORDER NO. 97-98-003
THIS AGREEMENT, made this 7th day of October, 1997, by and between the City of Temecuia
("City") a municipal corporation, duly organized and existing under and by virtue of the laws of the State of
California, and A Park Avenue Builders, hereinafter called "Contractor". In consideration of their mutual
promises contained herein, ~he parties agree as follows:
1. The Contractor, in consideration of the promises of the City hereinafter set forth, hereby agrees to
furnish all tools, equipment, hbor and malerials mcessary to perform and complete in a workmanlike manner,
all of the work required for the construction of the improvements described in Work Order No.97-98-003
attached hereto. The work shall be performed according to the City of Temecula's Procedures For Informal
Riddirlg For Public Works Street Maintevance Work Orders of $25,000 or less, Fiscal Year 1997-98.
("Informal Bidding Procedures").
Where the Work Order or the Informal Bidding Procedures describe portions of the work in general
terms, but not in complete detail, the latest version of the City of Temecula~ Department of Public Works
Standnrd~ Drawing~ for Public Works Construction ("Standard Drawings"), and Standard Specifications for
Public Works Construction, including aH supplements as written and promulgated by the Joint Cooperative
Committee of the Soulhem California Chapter of the American Associated General Contractors of California
(hereinafter, "Standard Specifications") shall conUol. Copies of the Standard Specifications are available from
the publisher:
Building News, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
In case of any conflict between the Standard Drawings and the Standard Specifications, the Standard
Drawings shall control. Where the Work Order, the Informal Bidding Procedures, the Standard Drawings,
or the Standard Specifications only describe portions of the work in general terms, but not in complete detail,
it is understood that the item is to be furnished and installed completed and in place and that only the best
general practice is to be used.
2. The City, in consideration of the performance of this Contract, agrees to pay the Contractor and the
Contractor agrees to accept in full satisfaction for the work done hereunder the sum of Twenty Three
Thousand N'me Hundred Dollars and No Cents ($23,900.00), in accordance with the bid of the Contractor
which sum shall be paid to the Contractor within the time and in the manner set forth in the Informal Bidding
Procedures, final payment to be made within fizirty-five (35) days after filing Notice of Completion of said
work and improvement with the Riverside County Recorder.
3. Pursuant to the provisions of Section 1773 of the Labor code of the State of California, the City
Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and
overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract
from the Director of the Department of Industrial Relations. These rates are on file in the office of the City
Clerk. Copies may be obtained at cost at the City Clerk's office in Temecuia. Contractor shall post a copy
of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor
shall comply with the provisions Section 1773.8, 1775, 1776, 1777.15, 1777.6, and 1813 of the labor Code.
1 rAm~iat~i~workord\98~ ~t. OO$~j~
Pursuant to the provisions of 1775 of the Labor Code, Conlrac~or shall forfeit to ~he City, as a penalty,
the sum of $25.00 for each calerutar day, or portion lhereof, for each laborer, worker, or mechanic employed,
paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any
subcontractor under him, in violation of the provisions of the Contract.
4. Contractor, by executing the Contract, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
5. All work covered by this Conltact done at the site of construction or in preparing or delivering
materials to the site, shall be at the risk of Contractor alone. Contractor agrees to save, indemni~, hold
harmless and defend City, its officers, employees, and agents, against any and all liability, injuries, or death
of persons (Contractor's employees 'included) and damage to property, arising directly or indirecfiy out of the
obligations herein undertaken or out of the operalions conducted by Principal, save and except claims or
litigations arising through the sole active negligence or sole willful misconduct of the City.
6. Contractor and subcontractors shall obtain all necessary licenses, including but not limited to City
business license.
IN WITNESS WHEREOF, the City has mused its corporate name and seal to be hereunto subscribed and
affixed by the [Mayor/City Manager] and attested to by the City Clerk, both thereunto duly authorized, and
the Contractor has hereunto subscribed this Contract the day, month and year hereinabove written.
CONTRACTOR
A PARK AVENUE BUILDERS
32625 Los Encinos
Temecula, CA 92592
(909) 676-3735
Duane lackson, Owner
CITY OF TEMECULA
ATTEST:
By.'
Patricia H. Birdsall, Mayor
June S. Greek, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
2 r: ~in~iu~wo~ord \98~greemmt. O0~sjp
PROJECT NO. 97-98-003
CITY OF TEMECULA
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
This is to certify that , (hereimfter the
"undersigned") declares to fiae City of Temecula, under oath, that it has paid in full for all wagrials, supplies,
labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the
undersigned's agents, employees, or subcontractors used or in contribution to the execution of its contract with
the City of Temecula with regard to the building, erection, construction or repair of that certain work
improvement known as:
, situated in the Community of ,
The undersigned declares that it knows of no unpaid debts or claims arising out of said Contract which
would constitute grounds for any third party to claim a stop notice of any unpaid sums owning to the
undersigned.
Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned
does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and in
favor of the undersigned and the City of Temecula or which relate in any way to work performed by the
undersigned with regard to the above referenced construction project.
Further, the undersigned expressly acknowledges its awareness of and waives the benefits of 1542 of
the Civil Code of the State of California which provides: *A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known
to him must have materially effected settlement with the debtor~.
This release is intended to be a full and general release of any and all claims which the undersigned
now has or may, in the future, have against fi~e City of Temecula and/or its agents and employees with regard
to any matter arising from the construction or the above referenced project or the contract between the City
and fi~e Contraclor with respect thereto whether such claims are now known or unknown or are suspected or
unsuspected.
By:
(Name)
(?iae)
3 r. ~m~Ufia~workord\98~gr~mm~t.00~Jajp
ITEM
19
APPROVAt
CITY ATTORNEY I!'Uwu
FINANCE DIRECT~
C!_TY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Council/City Manager
Joseph Kicak, Director of Public Works\City Engineer
October 7, 1997
SUBJECT:
Award of Professional Services Contract to Robert Bein, William Frost &
Associates for the Design of the Median Island on Winchester Road west
of Jefferson Avenue - Project No. PW97-21
PREPARED BY: 6~ Don Spagnolo, Principal Engineer - Capital Projects
Scott Harvey, Associate Engineer
RECOMMENDATION:
That the City Council:
Approve and authorize the Mayor to sign the Professional Services Agreement between
the City of Temecula and Robert Bein, William Frost & Associates to provide Engineering
Services for the design of the Median Island on Winchester Road west of Jefferson
Avenue - Project No. PW97-21 for an amount not to exceed $47,900.00.
Authorize the City Manager to approve change orders not to exceed the contingency
amount of $4,790.00 which is equal to 10% of the contract amount.
BACKGROUND:
Robert Bein, William Frost & Associates has been selected from the Professional Consultant
Selection list for Professional Engineering Services for the preparation of plans, specifications
and cost estimates for the Median Island on Winchester Road west of Jefferson Avenue, Project
PW97-21.
The consultant will design median islands on Winchester Road from Enterprise Circle West to
Enterprise Circle East and modify the existing median island, which is located just west of
Jefferson Avenue. The consultant will conduct a field survey to locate all existing above
ground objects and obtain the existing street cross sections for the entire length of the project,
along with utility coordination. Included within the median island will be irrigation and
landscaping which will be designed by a Landscape Architect. A Traffic Engineer will be
designing a traffic signal at the intersection of Enterprise Circle West, traffic signal interconnect
from the proposed signal to the Jefferson Avenue signal, signing and striping, and traffic
control plans. These services will also include a construction cost estimate and project
specifications.
The proposed schedule for design work is to begin in mid-November with the plans and
specifications ready for the solicitation of construction bids by March, 1998.
-1- R:~AGDRPT~97\1007\PW97-21 .AGR 9/17/97
FISCAL IMPACT:
The total cost for professional design services for the Median Island on Winchester Road west
of Jefferson Avenue, Project PW97-21 is $52,590.00 which will be funded by Measure A.
Adequate funds are available in account number 210-165-686-5802.
ATTACHMENTS:
1. Robert Bein, William Frost & Associates Contract
-2- R:~GDRPT~97\1007\PW97-21 .AGR 9/17/97
CITY OF TEMECUI~
AGREEMENT
FOR CONSULTANT SERVICES
MEDIAN ISLAND ON WINCHESTER ROAD W/O JEFFERSON AVENUE
PROJECT PW97-21
THIS AGRF~MENT, is made and effe¢fve as of October 7, 1997, between the City of Temecula,
a municipal corporation ("City") and ROBERT BEIN, WILLIAM FROST & ASSOCIATES,
("Consulgrit"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. ~RM. This Agreement shall commence on October 7, 1~7, and shall remain and continue
in effect until tasks de~ribed herein are completed, but in no event later than October 7, 1998, unless sooner
terminated pursuant to the provisions of this Agreement.
2. SERVICF'.q. Consultant shall pertbrm the tasks de~'ibed and set forth in Exhibit A, attached
hereto and inco~ted 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 limes faithfully, competently and to the best of
his or her ability, experience, and ~alent, perform all tasks described herein. Consultant shall employ, at a
minimum, generally accepted standards and practices u~ili,~ by persons engaged in providing similar services
as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and
the schedule of payment as set forth in Exhibit B, at~aehed hereto and incorporated herein by this reference
as though set forth in full, based upon actual time spent on the above taska. This amount shall not exceed
FORTY-SEVEN THOUSAND NINE HUNDRED Dollars and NO Cents ($47,900.00) 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 addilion to those set forth herein, unless such additional services
are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any
addilional services in the amounts and in the manner as agreed to by City Manager and Consulhant at the time
City's written authorization is given to Consultant for the performance of said services. The City Manager
may approve addilional work not to exceed ten percent (10%) of the amount of the Agreement, but in no even!
shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall
be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed. Invoices shall be
submitted on or about the first business day of each month, for services provided in the previous month.
Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City
disputes any of consultant's fees it shall give written nolice to Consultant within 30 days of receipt of a invoice
of any disputed fees set forth on the invoice.
· 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this
Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice.
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the
notice provides otherwise. If the City suspends or terminates a potdon of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
-i- R:~CIP~PRO$£CTS~PW97XPW97. 21 ',R II F.AGR ~ajp
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to
Consultant the actual value of the work performed up to the time of termination, provided chat the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant
will submit an invoice to the City pursuant to Section 3.
6. DF. FAUI~T OF CONSUI~TANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a
default. In the event that Consul~mt is in default for cause under the terms of this Agreement, City shall have
no obligation or duty to continue compensating Consultant for any work performed after the date of default
and can terminate this Agreement immediately by written notice to the Consultam. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes beyond the
Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default in the
performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written
notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default
within such period of time, the City shall have the right, notwithstanding any other provision of this
Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
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 City that relate to the performance of services under this
Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an
evaluation of services. All such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the
representatives of City or its designees at rea~nable times to such books and records, shall give City the right
to examine and audit said books and records, shall permit City to make transcripts therefrom 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, surveys, notes, and other documents
prepared in the course of prodding the services to be performed pursuant to this Agreement shall become the
sole property of the City and may be used, reused or otherwise disposed of by the City without the permission
of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable
written request by the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not be liable for any
injuries or property damage resulting from the reuse of the design at a location other than that specified in
Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the
negligence of the City.
-2- R:kCII~PRO{ ECTS ~At 97xPW97-21 ~,RBF .AGRIajlm
9. INSXJRANC!~. RF. QIIIRF. MF. NT~. Consultam shall procure and maintain for the duration
of the conwact 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. Minim-m Sc(ipe of Insurance. Coverage shall be at least as broad
(1)
Insurance Services Office Commercial General Liability coverage (occurrence form
CG 0001).
(2)
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability, code 1 (any auto).
(3)
Worker's Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Errors and omissions liability insurance appropriate to the consultant's profession.
b. Minimum f.imit~ of Insurance. Consultant shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2)
Auwmobile Liability: $1,000,000 per accident for bodily injury and property
damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
(4) Errors and omissions liability: $1,000,000 per occurrence.
c. Deductibles and Self-lrr~,red Retentiom. Any deductibles or self-insured retentions must be
declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other In.~urance Provhiom. The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf of
the Consultant; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; or automobiles owned, leased, hired or
borrowed by {he Consul{ant. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, officials, employees or
volunteers.
(2)
For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects lhe City, its officers, officials, employees and
volunteers. Any insurance or self-insured maintained by the City, its officers,
officials, employees or volunteers shall be excess of the Consultant's insurance and
shall not contribute with it.
-3- R :~CiFd~p. Oj ECTS~d~V9-APWg?.21 ,~R BF. AG R/ajp
(3)
Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
(4)
The Consultant's insurance shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability.
(5)
Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the City.
e. Acce.,pwbili!y oflr~rers. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Cover~l/e. Consultant shall furnish the City with original endorsements
eftcoting coverage required by this clause. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All
endorsements are to be received and approved by the City before work commences. As an alternative to the
City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance
policies, including endorsements effecfing the coverage required by these specifications.
10. INI)F. PENI~F. NT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The
personnel performing the services under this Agreement on behalf of Consultant shall at all times be under
Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall
have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any
b. No employee benefits shall be available to Consultant in connection with the performance of
this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay
salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall
not be liable for compemation or indemnification to Consultant for injury or sickness arising out of performing
services hereunder.
11. I.F.C. AI. RF..~PON.~IRII.ITIF..~q. The Consultant shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this section.
12. Riv..I.F.A,qF. OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall be considered
confidential and shall not be released by Consultant without City's prior written authorization. Consultant,
its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager
or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed under this
Agreement or relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court order or
subpoena.
-4- R :~,Cll~PRO~/ECTS,d~V97~lV97.21 ~.B F.AG R/ajp
b. Consultant shall promptly notify City should Consultam, its officers, employees, agents or
subcorm'actors be served wilh any summorn, complaint, subpoem, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, cotat order or subpoena from any party
regarding this Agreemere and the work performed thereunder or with respect to any project or property
located within ~ City. City retains the right, but has no obligation, to represem Consultant and/or be presem
at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide
City with the opportunity to review any response to discovery requests provided by Consultant. However,
City's right to review any such respome does not imply or mean the right by City to control, direct, or rewrite
said response.
13. NOTICF-q. Any notices which either par~ 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, litat 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 litat party may
later designate by Notice:
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Robert Bein, William Frost & Associates
27555 Ynez Road, Suite 400
Temeeula, CA 92591-4679
Attention: Michael A. Tylman
Phone (909) 676-8042
14. ASSIGNMF..NT. The Consultant shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of rite
personal nature of the services to be rendered pursuant to lifts Agreement, only Michael A, Tylman shall
perform the services described in this Agreement. Michael A. Tylman may use assistants, under their direct
supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen
(14) days' notice prior to the departure of Michael A. Tylman from Consultant's employ. Should he or she
leave Consultant's employ, the city ahall have the option to immediately terminate this Agreement, within three
(3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole
compensation shall be paymere 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. I,ICF, N~qR~q. 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.
16. GOV!;:RNING I.AW. The City and Consultant understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning ~his Agreement shall take place
in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temeeula.
In the event of litigation between the parties concerning this Agreement, the prevailing party as determined
by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the
litigation.
-5- R :~CII~!~OJI~'T$'d~V97~W97-21 ~S~F.AGR/a~
17. ENTIRE AGRF. F~MI~NT. 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.
18. AUTHORITY TO ~X~,CUTF, THI~ AGR~Mi~NT. The person or persons executing
this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this
Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
CITY OF TEMECULA
By
Patricia H. Birdsall, Mayor
Attest:
June S. Greek, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Robert Bein, William Frost & Associates
27555 Ynez Road, Suite 400
Temecula, CA 92591-4679
Attention: Michael A. Tylman, Vice President
Phone (909) 676-8042
By:
-6- R :~ClI~ROIEC"Y$~V97~ I~V97-21 ~,BF. AG R/ajp
FXHIRIT A
TASKS TO RE PERFORMF!')
-7- R :~L'*IP~ROJ ECTS~/9'APW9"/-21LR BF. AG R/a.~
Robert Bein, William Frost & Associates
Contract Agreement for Job Number 401261
September 25, 1997
Page 1 of 10
SCOPE OF SERVICES
Consultant agrees to perform the following Scope of Sentices:
In performing its services hereunder, RBF has or will receive information prepared or
compiled by others, the accuracy and completeness of which RBF is entitled to rely
upon without independent evaluation or verification.
TASK 1
Winchester Road Median Improvement Plan
RBF shall prepare Improvement Plans in accordance with the standard requirements of the
City of Temecula to construct approximately 2,000 linear feet of concrete median within
Winchester Road between Jefferson Avenue and Enterprise Circle West.
TASK2
Design Survey
RBF shall perform a field survey of Winchester Road consisting of cross sections at 25 foot
intervals from Jefferson Avenue westerly to Enterprise Circle West to facilitate the design of
the proposed medians identified in Task 1. The Field Survey shall also consist of locating
existing culture, i.e. manholes, water valves, etc. within the limits of construction. For safety
purposes consultant shall utilize a three man survey crew.
TASK 3 Specifications
RBF will prepare construction specifications, using City "boilerplate" for the contract
documents and general provisions which include technical specifications for construction of
each item of work in the Project. The City will provide the boilerplate information on a
computer disk compatible with WordPerfect 6.1. The special provisions for this Project will
be based upon the City of Temecula Standard Plans, Standard Specifications for Public Works
Construction "Green Book", Caltrans Standard Specifications 1992 Edition, and the 1992
Edition of the Caltrans Standard Special Provisions.
Robert Bein, William Frost & Associates
Contract Agreement for Job Number 401261
September 25, 1997
Page 2 of 10
TASK 4
Engineer's Quantity/Cost Estimate
RBF will prepare final cost estimates which will be submitted with the improvement plans.
Improvement quantities will be compiled using CADD measurements or mathematical
computations from the various improvement plans.
TASK 5
Conceptual Landscape Plan
RBF will design and draft one Conceptual Landscape Plan at an appropriate scale for the
Winchester Road Median Improvement Project. The plan will be designed based on site
opportunities and constraints, Client goals and objectives and the City of Temecula Standard
Landscape and Irrigation Specifications and Installation Details. The plan will be prepared
on a base map prepared by RBF under a separate task and will include pertinent site
irdormation, irrigation methods, and the name, size, quantity, and location of plant materials.
The Plan and a Preliminary Estimate of Construction Costs will be presented to the Client for
review, comment and approval.
TASK 6
Landscape Construction Documents
RBF shall prepare Landscape Construction Documents including plans, specifications, and
estimates to facilitate construction of median landscape improvements. The plans shall
include a cover sheet, planting plan, irrigation plan and the appropriate details, notes and
specifications. The plans will be prepared at a minimum scale of 1" = 20' in AutoCadd V12
format.
TASK 7
Revise Waterline Improvement Plans
Consultant shall revise the waterline improvement plans within Winchester Road to
incorporate the addition of an irrigation service lateral and meter to provide irrigation water
to the proposed landscaped median. Consultant shall process the revision through Rancho
California Water District (RCWD) and obtain approvals.
Robert Bein, William Frost & Associates
Contract Agreement for Job Number 401261
September 25, 1997
Page 3 of 10
TASK 8
Traffic Signal and Safety Lighting Plan, Specifications and Probable Cost
Estimates - Winchester Road at Enterprise Circle West
RBF shall prepare Plan, Specdications and Probable Cost Estimates (P, S, & E) for a new
traffic signal and safety lighting at Winchester Road and Enterprise Circle West. The Plan
shall be prepared at 1"=20' scale and in accordance with standards set forth by the City of
Temecula.
The traffic signal and safety lighting plan will be prepared on City of Temecula title block
sheet using AutoCAD - Release 13 software.
The P, S,&E will be submitted to the City of Temecula for review and approval.
Product:
Traffic Signal and Safety Lighting Han for Winchester Road at Enterprise Circle
West (One Sheet)
Project Specifications
Quantity and Cost Estimates
3-1/2" Computer Diskette with Drawing File
TASK 9
Traffic Signal Interconnect Plan, Specifications and Probable Cost Estimates -
Winchester Road from Jefferson Avenue to Enterprise Circle West
RBF shall prepare Plan, Specifications and Probable Cost Estimates (P, S, & E) for installation
of traffic signal interconnect conduit and wiring along Winchester Road from Jefferson
Avenue to Enterprise Circle West. The plan will also show the installation of traffic signal
interconnect hardware at the controller cabinets.
The Plan shall be prepared at 1"=40' scale and in accordance with standards set forth by the
City of Temecula.
The traffic signal interconnect plan will be prepared on City of Temecula title block sheet
using AutoCAD - Release 13 software.
The P, S,&E will be submitted to the City of Temecula for review and approval.
Product:
Traffic Signal Interconnect Plan (1 Sheet)
Project Specifications
Quantity and Cost Estimates
3-1/2" Computer Diskette with Drawing Files
Robert Bein, William Frost & Associates
Contract Agreement for Job Number 401261
September 25, 1997
Page 4 of 10
TASK 10
Traffic Signal Timing and Coordination Plans and Time Space Diagrams -
Winchester Road from Jefferson Avenue to Enterprise Circle West
RBF shall prepare Traffic Signal Timing Plans the new traffic signal at Winchester Road and
Enterprise Circle West and shall prepare Coordination Timing Plans including Time Space
Diagrams for Winchester Avenue between Jefferson Avenue and Enterprise Circle West.
The Traffic Signal Timing and Coordination Plans and Time Space Diagrams will be submitted
to the City for their review and approval.
Product:
Traffic Signal Timing and Coordination Plans
Time Space Diagrams
3-1/2" Computer Diskette with Drawing Files
TASK 11 Signing and Striping PLans, Specifications and Probable Cost Estimates
RBF shall research and review available data for use and reference for preparation of the P,
S,&E. Anticipated tasks include:
Perform a field review of the site to verify record drawings for:
· Signing and Pavement Delineation
RBF shall prepare Plans, Specifications and Probable Cost Estimates (P, S, & E) for
installation, removal and modification of traffic signing and striping associated with the
improvements of Winchester Road between Jefferson Avenue and Enterprise Circle West
including minor signage and striping modification for Enterprise Circle North and Enterprise
Circle South.
Siftming and striping plans shall be prepared at 1"=40' scale and in accordance with standards
set forth by the City of Temecula. The plans will show all existing and proposed channelization
and signing improvements associated with the proposed improvements.
The signing and striping plans will show signing and striping improvements up to 500 feet
beyond the proposed street improvements.
The signing and striping plans will be prepared on City of Temecula title block sheet using
AutoCAD - Release 13 software.
Robert Bein, William Frost & Associates
Contract Agreement for Job Number 401261
September 25, 1997
Page 5 of 10
The P, S,&E will be submitted to the City of Temecula for review and approval.
Product:
Traffic Signing and Striping for Winchester Road between Jefferson Avenue and
Enterprise Circle West (2 Sheets)
Project Specifications
Quantity and Cost Estimates
3-1/2" Computer Diskette with Drawing Files
TASK12 Construction Traffic Control Plans, Specifications and Probable Cost
Estimates
RBF shall prepare Construction Traffic Control Plans, Specifications and Probable Cost
Estimates (P, S, & E) for the proposed improvements of Winchester Road Between Jefferson
Avenue and Enterprise Circle West.
Construction traffic control plans will be prepared in a dual-tier format at a scale of 1"=40'.
The construction traffic control plans will utilize accepted methods of lane closure delineation,
signage and barricading. The construction traffic control plans will be designed to maximize
lane usage for all traffic movements, maintain pedestrian access routes, and provide a safe
work area.
Based on the proposed street improvements, we anticipate a total of three (3) plans sheets will
be necessary for this project including one detail sheet.
The construction traffic control plans will be prepared on City of Temecula title block sheet
using AutoCAD - Release 13 software.
The P, S,&E will be submitted to the City of Temecula for their review and approval.
Product:
Construction Traffic Control Plans (2 Sheets)
Detail Sheet (One Sheet)
Project Specifications
Quantity and Cost Estimates
3-1/2" Computer Diskette with Drawing Files
TASK 13 Lane Storage Traffic Analysis Report
RBF shall obtain A.M. and P.M. peak hour turning movement counts and 24-hour traffic counts
to determine vehicle movements at the following locations:
Robert Bein, William Frost & Associates
Contract Agreement for Job Number 401261
September 25, 1997
Page 6 of 10
- Winchester Road and Enterprise Circle South
- Winchester Road and Enterprise Circle North
- Winchester Road and Jefferson Avenue
- Enterprise Circle West and Enterprise Circle South
- Exiting Driveways
The existing traffic volume is expected to increase with proposed future developments in the
City of Temecula.
RBF will meet with City staff to review future developments and determine year 2015 forecast
peak hour traffic volume for the intersections. It is estimated that the City of Temecula will
provide us with their annual growth rate to determine year 2015 forecast peak hour traffic
volumes.
RBF shall prepare a Lane Storage Traffic Analysis Report that will recommend left turn lane
storage for the intersection of Winchester Road and Enterprise Circle West based on year
2015 forecast peak hour traffic volumes.
The Lane Storage Traffic Analysis Report will be submitted to the City of Temecula for their
review and approval.
Product: Lane Storage Traffic Analysis Report
TASK 14 Project Coordination, Meetings and Presentations
RBF will coordinate with other jurisdictional agencies regarding the proposed improvements.
RBF will prepare monthly status reports to update the City on the progress to date, work to
be accomplished in the next period, and potential problems of a technical nature or forecasted
budget/schedule requirement. RBF will attend monthly Project Development Team (PDT)
meetings to update the involved agencies on the status of the Project. The PDT meetings will
include representatives from the City of Temecula, and other utility owners as appropriate.
A total of 12 hours has been budgeted for this task. Any additional work will be performed,
if required, under a separate agreement for an additional fee.
Robert Bein, William Frost & Associates
Contract Agreement for Job Number 401261
September 25, 1997
Page 7 of 10
TASK 15 Bidding Assistance
RBF will provide the City with a "master" bid document set and will assist the City as
requested during the bid process to answer questions relating to interpretation of the
construction documents. RBF will also assist in the production and distribution of any contract
addenda to clarify the bid documents that may be requested by the City.
A total of 6 hours has been budgeted for this task. Any.additional work will be performed, if
required, under a separate agreement for an additional fee.
Additional Services: Services which are not specifically identified herein as services to be
performed by RBF or its consultants are considered "Additional Services" for purposes of this
Agreement. Client may request that RBF perform services which are Additional Services.
However, RBF is not obligated to perform such Additional Services unless an amendment to
this Agreement has been fully executed setting forth the scope, schedule and fee for such
Additional Services. In the event RBF performs Additional Services before receipt of such
executed amendment, Client acknowledges its obligation to pay for such services at RBIWs
standard rates, within 30 days of receipt of RBlVs invoice.
Exclusions
Consulting services relating to any of the following tasks may be completed by Consultant if
negotiated under a separate contract for an additional fee; but are presently specifically
excluded from this Agreement:
2.
3.
4.
5.
6.
7.
8.
9.
Geotechnical investigation;
Hazardous wastes;
Any other services not specifically set forth in the above Scope of Services.
Additional Traffic Engineering Reports
Utility Relocafion Plan
Temporary Traffic Signal Plans for Construction Phases
Signing and Pavement Delineation Quantity Sheets
Additional Traffic Counts
Additional Timing Sheets and Coordination Plans
Robert Bein, William Frost & Associates
Contract Agreement for Job Number 401261
September 25, 1997
Page 8 of 10
Assumptions
Consultant's obligations hereunder are based upon the following understanding:
1. The Project services to be provided by Consultant will not require Specific Plan
modification or amendment.
Client Responsibilities
1. Client shall provide access to the site.
Client is to provide any and all indemnification, abatement, disposal or other
actions required by local, state or federal law regarding hazardous materials.
3. Client shall pay all governmental fees and costs.
Client will require any construction contractors to indemnify Consultant from
any and all losses, damages, claims, expenses, including attorneys fees, and costs
arising out of the contractor's work, excepting only losses, damages, claims,
expenses including attorneys fees, and costs which are caused by the sole
negligence or willful misconduct of RBF in performing its services under this
agreement. Client will require that the construction contractors add RBF
(Consultant) as an additional insured in the comprehensive general liability,
auto liability, workers' compensation and builder risk insurance coverages
required by Client.
Client Initials
Date
Exhibit A
Robert Bein, William Frost & Associates
Contract Agreement for Job Number 401261
September 25, 1997
Page 9 of 10
EXHIBIT "B"
COMPENSATION
Client agrees to compensate Consultant for such services as follows:
Consultant shall complete the work outlined above in accordance with the fee schedule
identified below and shall invoice Client on a monthly basis based on the percentage
of completion.
ITEM
WORK TASK FEE
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Winchester Road Median Improvement Plan $7,100
Design Survey (25' Int.) 3,900
Specifications 2,500
Engineer's Quantity/Cost Estimate 700
Conceptual Landscape Plan 1,500
Landscape' Construction Documents 5,500
Revise Waterline Improvement Plans 1,000
Traffic Signal and Safety Lighting Plan - 4,400
Traffic Signal Interconnect Plan 2,200
Traffic Signal Timing and Coord. Plans and Time Space Diagrams 2,500
Signing and Striping Plans 4,400
Construction Traffic Control Plans 4,400
Lane Storage Traffic Analysis Report (Incl 24 hr cts) 5,000
Project Coordination, Meetings and Presentations (12 hrs) 1,200
Bidding Assistance (6 hrs) 600
Reproduction Costs 1,000
TOTAL $47,900
The budget amounts shown for Items 14 and 15 are for authorization purposes only.
Should the total of the monthly billings reach eighty percent (80%) of the budget
amount, Client and Consultant will review the status of the work to determine the need
for an increase in the budget amount, and whether additional budget authorization to
Robert Bein, William Frost & Associates
Contract Agreement for Job' Number 401261
September 25, 1997
Page 10 of 10
complete the project is appropriate.
Progress billings will be forwarded to the Client on a monthly basis. These billings will include
the fees earned for the billing period. The Client shall make every reasonable effort to review
invoices within fifteen (15) working days from the date of receipt of the invoices and notify
Consultant in writing of any particular item that is alleged to be incorrect.
Any work relating to, but not limited to, retaining walls, soils engineering, topographic
mapping, traffic signal or striping design, environmental documentation, sound studies or
acoustical engineering, underground utility planning, design or coordination, design for
relocation of underground irrigation facilities, detour plan, property title services, preparation
of legal descriptions and exhibits (except as provided herein), staking of joint trench utilities,
construction surveying for grading cross-sections or removal of unsuitable material and any
additional staking (except as provided herein), if required, shall be covered under a separate
agreement.
Exhibit B
Client Initials
Date
EXI-IIBIT B
PAYMFNT SCFIFDUI ~
-8- R :~IP~PR O J ECTS~m,Vg'A.m~97- 21 '~.~B F. AGP../s. jp
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
HOURLY RATE SCHEDULE
Effective January, 1997
OFFICE PERSONNEL
Principal .............................................................. $ I40.00
Project Director .......................................................... 127.00
Structural Engineer ....................................................... 112.00
Project Manager/Project Engineer ........................................... 105.00
Corrosion Engineer ........................................................ 95.00
Senior Engineer/Planner .................................................... 94.00
Senior Designer ........................................................... 82.00
Design Engineer/Designer/Mapper (CADD) ................................... 74.00
Environmental Manager .................................................... 72.00
Senior Drafter/Technician .................................................. 65.00
Designer/Planner .......................................................... 60.00
Drafter/Graphic Artist ...................................................... 55.00
Environmental Analyst/Staff Planner .......................................... 54.00
Engineering/Planning Aide .................................................. 42.00
FIELD PERSONNEL
3-Person Survey Crew ................................................... $ 212.00
2-Person Survey Crew ..................................................... 158.00
1-Person Survey Crew ...................................................... 85.00
Field Supervisor ........................................................... 95.00
CONSTRUCTION MANAGEMENT PERSONNEL
Construction Manager .................................................. $120.00
Field Superintendent ....................................................... 90.00
Resident Engineer/Project Manager .......................................... 88.00
Assistant Field Superintendent ............................................... 78.00
Senior Construction Inspector ............................................... 75.00
Construction Inspector ..................................................... 70.00
Field Office Engineer ...................................................... 65.00
Construction Technician .................................................... 55.00
COMPUTER & OTHER SERVICE FEES
P. C. Work Station ...................................................... $ 15.00
Clerical/Word Processing ................................................... 40.00
Consultation Relative to Legal Actions ....................................... 250.00
Vehicle Mileage ....................................................... 0.35/Mile
Notc:
Blucpnnting, reproduction, messenger service and other direct expenses will be charged as an additional cost. A Subconsultant Management
Fee of fifteen percent (15%) will be added to the direct cost of nil Subconsultant ~rvices to provide lot the cost of administration,
subconsultant consultation and insurance.
Professional Service Since 1944
27555 YNEZ ROAD · SUITE 400 * TEMECULA. CALIFORNIA 92591-4679 * 909.676.8042 ,, FAX 909.676.7240
OFFICES LOCATED THROUGHOUT CALIFORNIA, ARIZONA AND NEVADA · WEB SITE: www. rbf.com
ITEM
20
,APPR~VA! R~
CITY ATTORNEY
FINANCE DIRECTO
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
October 7, 1997
Professional Services Agreement - Between the City of Temecula and
C.M. (Max) Gilliss for Contract coordination, Pala Road Bridge
RECOMMENDATION:
That the City Council approve the attached agreement between the City of Temecula
and C.M. (Max) Gilliss for professional services for contract coordination for the Pala
Road Bridge Project.
That the City Council approve the modification to the existing agreement by reducing
the amount of compensation from $2,000 per month to $1,000 per month.
BACKGROUND:
Mr. C.M. Gilliss has been providing consulting services coordinating various City projects with
Caltrans that are within the Caltrans jurisdiction for several years. Many of these projects have
been completed or are well underway and his role in that capacity will be considerable
decreased. The remaining major projects under the original contract include, Rancho California
Road Interchange, Overland Drive Overpass, State Route 79 North along the frontage of the
Shopping Center and coordination of State Route 79 South Ultimate Interchange PSR. Based
on these projects, the staff is recommending a reduction in the time allocated to coordinate
these projects from 40 hours per month to 20 hours per month with a corresponding reduction
in monthly fees from $2,000.00 to $1,000.00 per month.
Recently, Pala Road and Pala Road Bridge Project over Temecula Creek received approval by
FHWA. In conjunction with this project, the City has entered into three (3) contracts with
public agencies including the U.S. Army Corps of Engineers, California Department of Fish and
Game and the Bureau of Indian Affairs. In addition, other contracts that the City will be
required to administer and coordinate shall include design consultants for the roadway and
bridge design, Landscape Architect for wetlands restoration, biologist, archeologist, and the
construction contractor. All of these activities will require close coordination and timely
requests for reimbursement to the City from other funding agencies of the funds expended on
these activities.
r :~gdrm~97 ~ 1007~l~e.aorla~l~
Based on these needs it is imperative that one (1) person devote the required time and provide
the continuity that this project will require. Due to the department's current workload, it would
be impossible to dedicate a person, having the required experience and adequate time to
properly accomplish these tasks. Staff is therefore requesting authorization to retain Mr. C.M.
Gilliss for that purpose. The monthly retainer for these services is $5,000.00 per month. The
scope of Mr. Gilliss' responsibilities is detailed in the proposed contract.
FISCAL IMPACT:
The cost of $5,000.00 per month
Improvement Budget.
or $60,000.00 per year is available in the Capital
Attachments:
Professional Services Agreement
CITY OF TEMECUIA
PROFESSIONAL SERVICES AGREEMENT
This Agreement was made and entered into this 7th day of October, 1997, by and between tho City
of Temecula ("City"), a municipal corporation, and C.M. (Max) Gillins, a Professional Engineering
Consulting Firm ("Consuitanf~.
The pa~es hereto mutually agree as follows:
1. Service. Consultant shall perform ~he tasks set forth - Contract Coordination Pala Road Bridge.
2. Perfm'nmnee. Comuinnt shall at all times, faithfully, industrially and to the best of his ability,
experience and talent, perform all tasks described herein.
3. IMymmt. The City agrees ~o pay Consu!lant the anxx~ of ~,000.00 per month for a minimum
of 100 hours of monthly service. This amount will not exceed $00,000.00 per Fiscal Year unless additional
payment is approved by the City Council; provided that the City Manager may approve additional payment
not to exceed 10% of conlract amount.
Consultant will submit an invoice at the conclusion of actual services performed. Payment shall
be made within Ikirty (30) days of receipt of invoice.
4. Amendments. This Agreement may be amended so long as such amendment is in writing and
agreed upon by both the City Manager and Consultant.
5. Ownership of Documents. Upon satisfactory completion of, or in the evem of termination,
suspension or abandonment, this Agreement, all original documents, designs, drawings and notes prepared
in the course of providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the permission of
the Consultant.
6. Termination. The City may terminate this Agreement without cause so long as written notice
of intent ~o termirate is given to Consultant at least three (3) days prior to the termination date. In the event
of termination, Consultant shall be paid for the services performed.
7. Indemnification. The Consultant agrees to defend indemnify and save harmless the City of
Temecula, its officers, officials, or liability or any kind or nature which the City, its officers, agems and
employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Consuitant's negligent acts or omissions under the terms of ~his Agreement,
excepting only liability arising out of the sole negligence of the City.
8. Status of Consultant. Consutlant is an hxie~ndent contractor in all respects in the performance
of this Agreement and shall not be co 'nsalered an employee of Ihe City for any purpose. No employee benefits
shall be available to Consultam in connection with the performance of this Agreement.
Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to
Consultant for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
9. Term. This Agreement shall commence on November 1, 1997 and shall remain and continue
in effect until tasks described herein are comple~cl, but in no event later than June 30, 1998. This contract
can be extended by the City Manager up through June 30, 1999.
I0. Subcontracts. The Consultant shall not enter into any subcontracts for services to be rendered
toward the completion of the Consuitant's portion of this Agreement wilhout the consent of the City. At all
limes, C.M. ~!ax)Gilliss shall be primarily responsible for the performance of the tasks described herein.
Upon ~erminafion of dfis Agreement, Consultant's sole compensation shall be for the value of service rendered
to the City.
11. Default. In the event that Consultant is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to condnue compensating Consultant for any work performed after
the date of default. Default shall include not performing the tasks described herein to the reasonable
satisfac~n of Ibe City Manager of the City. Failure by the Consultant to mak~ progress in.the performance
of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of
the Consultant, shall not be considered a default.
Any disputes regarding performance, default or other matters in dispute between the City and
the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The
arbitrator's decision shall be final.
Consultant shall select an arbitrator from a list provided by lhe City of three (3) redred judges
of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according
to California Code of Civil Procedure Section 12S0, et seq. City and Consultant shall share the cost of the
arbitration equally.
12. Notices. Nodces shall be given pursuant to this Agreement by personal service on the party to
be notified, or by written notice upon such party deposited in the custody 'of the United States Postal Service
addressed as follows:
Ao
City:
Attention: City Manager
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, CA 92590
Attention: C.M. "Max" Gilliss
Max Gilliss, Consultant
1989 Haven's End
Prescott, AZ 86301
The nodces shall be deemed to have been given as of the date of personal service, or three (3) days
after the date of deposit of the same in the custody of the United States Postal Service.
13. Entire Agreement. This Agreement and any documents or instrument attached hereto or
referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all
negotiations and prior writing in respect to the subject matter hereof.
In the event of conflict between the terms, conditions, or provisions of this Agreement and any
such document or instrument, the terms and conditions of this Agreement shall prevail.
2 R :~KICAK~G [l_l_ _t~2.AGR/ajp
14. Liability. Except as provided in Ihe Agreemere, City shall not pay salaries wages, or other
compensation to Consultant for performing services hereumler for City. City si~11 not be liable for
compensalion or indenmificalion to Consultant for injury or sickness arising out of performing services
hereunder.
15. Licenses. Consultant warrants that it maintains all necessary li~nses.
The parties hereto have executed ibis Agreement on Ihe date and year above written.
CONSULTANT
CITY OF TEMECULA
T~de
Patricia H. Birdsall, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, 'City Attorney
June S. Greek, City Clerk
R :~KICAK~GI LLI~S2.AG R/sip
EXHIBIT "A"
TA,qK,q TO RF'. PF. RFORM!;,D
CONTRACT COORDINATION - PALA ROAD BRIDGE
Consultant will perform tasks as assigned by the City Manager or his Designee in areas, including,
but not limited to:
Assist with the selection of the following cor~ultants.
a. Road and Bridge Design Consultant
b. Landscape Architect
c. Biologist to coordinate with Landscape Architect for wetlands restoration
d. Archeologist as may be necessary
2. Assure the obligation of funds by funding agehales for the'various phases of project.
3. Coordinate the work of the above consultants as well as consultants of ADI59 for Highway 79 South
improvements.
Coordination of various contracts during the design phases which include agencies listed below, however
not necessarily limited to these agencies:
a. Federal Highway Administration
b. CaRram
c. U.S. Army Corps of Engineers
d. Fish and Wildlife
e. California Deparanent of Fish and Game
f. Bureau of Indian Affairs
g. Pechanga Tribe
5. Assist in coordinaling the projects with all effected utility companies.
6. Assist in evalnafing the bids of the potenlial lowest respomible bidders for compliance of the bid
documents and submittals with the requirements of all the funding and regulatory agencies.
7. Assist in coordimting the responsibilities and work product of various consultants, to include the
consultants ~ in I a, b, and c., various inspectors, des/gn engineers and the contractor for the project.
8. Prepare reports for the various regulatory and agencies as may be required.
Submit and/or assist in submitting the request for funds for work completed to date, and expedite
payments by funding agencies.
10. Direct preparation of final reports as may be required by the various funding and regulatory agencies.
Comuimnt shall have available to him as his support staff the engineering, administrative and secretarial staff
of the Public Works Deparunent of the City of Temecula.
1
EXHIBIT
Comultam shall submit monthly invoices for all services rendered. Consultam will be compensated at a fiat
rate of $5,000.00 per month and agrees to provide a minimum of 100 hours of services to the City on a
monthly basis.
2
ITEM
21
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
DATE:
October 7, 1997
SUBJECT:
Professional Services Engineering Agreement - Lohr and Associates and
City of Temecula - Pechanga Creek/Temecula Creek Study
RECOMMENDATION:
That the City Council:
Approve a Professional Services Agreement between Lohr and Associates and the City
to provide the necessary studies as required by the U.S. Army Corps of Engineers prior
to any maintenance in the channel for an amount not to exceed $11,500.00 and
authorize the Mayor to execute the agreer~ent.
Appropriate $11,500.00 for the required study from General Fund Reserves to Public
Works Flood Control Account No. 001-164-601-5403
BACKGROUND:
At their regular meeting of September 23, 1997, City Council directed staff to prepare a report
on possible preventative measures from flooding for the residents along Pechanga Creek. Staff
has contacted U.S. Army Corps of Engineers to determine what steps are required to permit
some interim measures to minimize the danger of flooding of private properties.
In my discussions with the Corps representative, they advised me that the following would be
required:
1. Hydrology Study of the drainage area
2. Hydraulic Study of the channel as designed at the time of construction.
3. Hydraulic Study of capacity of the channel as it exists today
4. Percentage decrease in the capacity, design versus current conditions
5. Recommendation regarding the required improvements to prevent flooding of the properties
In our discussions regarding Temecula Creek, the downstream portion from confluence with
Pechanga Creek, the Corps feels that the currently approved equipment for clearing the Murrieta
Creek would not be permitted due to the condition of that channel. They are concerned that
channel bottom would be disturbed, which is not acceptable. However, they would not
preclude the clearing of any foreign materials such as shopping carts and/or other man made
materials found in the channel. They would also allow removal of any dead trees or shrubs.
r:~g¢lrpt~97~ 1007 ~eht.agrlejp
The property owners have contracted Mr. Don Lohr, a local engineering firm Lohr and
Associates to prepare the report as may be required by the U.S. Army Corps of Engineers. I
spoke with Mr. Lohr regarding the requirements of the Corps, which resulted in his proposal to
us for the work as described in the exhibit (letter dated September 29, 1997 - Donald O. Lohr
to Joseph Kicak).
FISCAL IMPACT:
The total cost is not to exceed $11,500.00 for the study. Appropriation from General Fund
Reserve is required to Public Works Flood Control Account No. 001-164-601-5403.
Attachments:
Professional Services Agreement
r:~drpt~97~l O07Uohr.egrlaip
CITY OF TEMECULA
AGREEMENT
FOR PROFESSIONAL ENGINEERING SERVICES
PECHANGA CREEK FLOOD PLAIN
THIS AGREEMENT, is made and effective as of October 7, 1997, between the City of
Temecula, a municipal corporation ("City") and Lohr and Associates, Inc., ("Consultant"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on October 7, 1997, and shall remain and
continue in effect until tasks described herein are completed, but in no event later than October 7, 1998, 1998,
unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall pertbrm the tasks described and set forth in Exhibit
A, attached hereto and incorporated herein as though set forth in full. Consultant shah complete the tasks
according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ,
at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Consultant hereunder in meeting its obligations under litis Agreement.
4. PAYMF. NT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and
terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not
exceed Eleven Thousand Five Hundred Dollars and No Cents ($11,500.00) 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 City Manager. Consultant shall be compensated for any
additional services in the amounts and in the manner as agreed to by City Manager and Consultam at the time
City's written authorization is given to Consultant for the performance of said services. The City Manager
may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event
shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall
be approved by the City Council.
c. Cor~d~ant will submit invoices monthly for actual services performed. Invoices shall
be submitted on or about the first business day of each month, for services provided in Ihe previous month.
Payment shall be made within thirty (30) days of receipt of each invoice as to aH nondisputed fees. If the City
disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice
of any disputed fees set forth on the invoice.
5, SUSPF. NglON OR TERMINATION OF AC, RF.F. MFNT WITHOI]T C. AII.qF.,
a. The City may at any ~'ne, for any reason, with or without cause, suspend or terminate
this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written
notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement,
unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such
suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreemere is termimted pursuant to t~s Section, the City shall pay
to Consultant the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant
will submit an invoice to the City pursuant to Section 3.
6. DEFAIII.T OF CONgUt,TANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City
shall have no obligation or duty to continue compensating Consultant for any work performed after the date
of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the
Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default in the
performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written
notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default
within such period of time, the City shall have the right, notwithstanding any other provision of this
Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
7. oWNKRgHIP OF DOCUMKNTS.
a. Consul~at shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts and cr, her such information required by City that relate to the performance of services under
this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit
an evaluation of services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free
access to the represematives of City or its designees at reasonable times to such books and records, shall give
City the right to examine and audit said books and records, shall permit City to make transcripts therefrom
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 ~ event of termination or suspension of ~ Agreement,
all original documems, designs, drawings, maps, models, computer files, surveys, notes, and other documents
prepared in ~he course of providing the services to be performed pursuant to this Agreement shall become the
sole property of the City and may be used, reused or otherwise disposed of by the City without the permission
of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable
written request by the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not be liable
for any injuries or property damage resulting from the reuse of the design at a location other than that specified
in Exhibit A without the written consent of the Consultant.
8. INT)i~.MNIIrlCATION. The Consultant agrees to defend, indemnify, protect and
hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Consuitant's negligem or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the
negligence of the City.
9. INSURANCE RI~.QUIR!~.MENTg, 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 ScQpe of In.surance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2)
Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3)
Worlcer's Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4)
Errors and omissions liability insurance appropriate to the consultant's
profession.
b. Minimum l.imit~ of In.rance. Consultant shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, petsoral
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 projectallocation or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
(4) Errors and omissions liability: $1,000,000 per occurrence.
c. r'~luctibles and .%lf-lmured Retentiom. Any deductibles or .~eif-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either t~ 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. O~her lrm~nce Provi.~iom. The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or
-3- r:~aSn~nu~m ~i~t.a~/ajp
automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or volunteers.
(3)
For any claims related to this project, the Consultant's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by the
City, its officers, officials, employees or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4)
The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5)
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced
in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
e. Acce, ptabilil~, of l~m,rers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the City before work commences. As an
alternaive to the City's forms, the Consultant's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications.
10. INT~EPF~NI~F~NT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all
times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees
or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or
agents, except as set forth in ~fis 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 agent~ of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City,
or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City
shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City.
City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of
performing services hereunder.
11. I.EGAI, RF3IPONSIRII.1TIrF. q. The Consultant shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity oecasioned by failure of the Consultant to comply with this section.
12. I~F.I.F. ASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written authorization.
Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the
City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support,
testimony at depositions, response to interrogatories or other information concerning the work performed
under ~s Agreement or relating to any project or property located within the City. Response to a subpoena
or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order
or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for
documents, interrogatories, request for admissions or other discovery request, court order or subpoena from
any party regarding this Agreement and the work performed thereunder or with respect to any project or
property located within the City. City retains the right, but has no obligation, to represent Consultant and/or
be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City
and to provide City with the opporttmity to review any response to discovery requests provided by Consultant.
However, City's right to review any such response does not imply or mean the right by City to control, direct,
or rewrite said response.
13. NOTIC~q. 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 request~!, addressed to the address of the party as set forth below or at any other address as that
party may later designate by Notice:
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Lohr and Associates, Inc.
Donald O. Lohr, President
43515 Ridge Park Drive
Temecula, California 92590
(909) 676-6726
14. ~,.~$1C~N-M~.NT. The Consullnnt shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of
the personal nature of the services to be rendered pursuant to this Agreement, only Donald O. Lohr shall
perform the services described in fffis Agreement. Donald O. Lohr may use assistants, under their direct
supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen
(14) days' notice prior to the departure of Donald O. Lohr from Consultant's employ. Should he or she leave
Consultant's employ, the city shall have the option to immediately terminate this Agreement, wi~n three (3)
days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compemation
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.
12. I.ICF. NgF.~. 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.
16. GOVERNINC, I.AW. The City and Consultant understand and agree that the laws
of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement
shall take place in the municipal, superior, or federal diswict court with geographic jurisdiction over the City
of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party
as determined by the Court, shall be entitled ~o actual and reasonable attorney fees and litigation costs incurred
in the litigation.
17. ENTIRE AGRF, F, MENT. 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.
18. AUTHORITY TO EXE~CUTE THIg 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 amhority to bind Consultant to the performance
of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
CITY OF TEMECULA
By
Patricia H. Birdsall, Mayor
Attest:
June S. Greek, City Clerk
Approved As ~o Form:
Peter M. Thorson, City Attorney
CONSULTANT
LOHR and ASSOCIATES, INC.
Donald O. Lohr, President
F. XI-III~IT A
TASKR TO RF. PF. RFORMF. F)
September 29, 1997
RECEIVEr
SEP 1997
CITY OF TEMECULA
ENGINEERING DEPARTMEN';
~.ohr +Associates Inc
Land Planning
Civil Engineering
Surveying
43513 Ridge Park Drive
3bmecLJla, CA 92590
(909) 676-6726
(FAX) 699-0896
Mr. Joseph Kicak
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Subject: Pechanga Creek Flood Plain
Dear Mr. Kicak:
Lohr + Associates Inc is pleased to submit for your consideration this
proposal to determine the water surface elevators for Pechanga Creek
based on 100-year storm flows. The limits of the study will be from the
junction with Temecula Creek upstream to Via Eduardo, a distance of
approximately 5000 feet.
Lohr + Associates Inc will provide the following services:
1. Establish the 100-year flow in Pechanga Creek based on existing studies
on file with Riverside County Flood Control District.
2. Cross-section Pechanga Creek at approximately 500 foot intervals.
These cross-sections will be plotted and compared to the design section
shown on the Rough Grading Plan for Tract 13060 to determine the
amount of siltation that has occurred.
3. Establish normal depth of flow at each cross-section based on the agreed
upon 100-year flow, the existing channel bottom slope and an agreed
upon "N" factor.
4. Determine the reduction in flow capacity of the channel for current
conditions versus the original design. We will also verify whether or
not the channel section that was originally, constructed was capable
of carrying the 100-year flow.
5. Present our findings and recommendations in report form along with
all cross-sections and calculations to the City of Temecula.
Lohr + Associates Inc will provide these services on a time and materials
basis in accordance with the attached fee schedule for a not to exceed
amount of $11,500.00.
We estimate that it will take approximately three weeks to complete the
scope of work once we have received your authorization to proceed.
EXHIBIT B
PAYMF. NT SCI-~.r)uI
100% of payment due upon completion of project
-9- t:~ lmll ~ll~e~lq~,t .l~flltjp
ITEM
22
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Genie Roberts, Director of Finance
October 7, 1997
Disposal of City Vehicles
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
PREPARED BY: Allie Kuhns, Senior Management Analyst~
RECOMMENDATION: That the City Council approve the disposal of three City vehicles
through public auction to be conducted by Roger Ernst Auction House.
BACKGROUND: Staff has identified three vehicles which have been depreciated completely
and have exceeded their serviceable life at well over 60,000 miles of City driving each.
Additionally, the over $3,000 per year in maintenance costs per vehicle has proven not to be
cost effective and has rendered these vehicles to be unreliable. The vehicles to be disposed of
are as follows:
VIN 1GNDT13Z7M2169894
VIN 1GCCSl 9Z6M8308232
VIN 1 G1LT54XLE221028
1991 Chevy Blazer (former City Manager Vehicle)
1991 Chevy S-10 pick-up (Building & Safety)
1990 Chevy Corsica (pool vehicle)
In accordance with the City's Municipal Code and Purchasing Manual, the City is required to
dispose of materials and equipment through public auction or sale, or other means which
provide maximum return to the City. In the case of vehicles, the City derives the most benefit
with the least exposure by disposing of the vehicles at a public auction because the vehicles
are marketed and sold "as is."
To evaluate the market for public auctions, Staff located five vendors in California and
requested the conditions under which each would auction the City's property. Attached is a
summary of the proposals received.
Based on the proposals received, Staff recommends disposal of the vehicles by Roger Ernst
Auction House located in Modesto, CA. Although this vendor receives a 10% commission
while two others receive a 5% commission, their proposal is a "turn key" service with no
additional costs to the City. Both of the other vendors had additional costs listed.
FISCAL IMPACT: The City will receive 90% of the auction price within 15 banking days of
the sale of the vehicles.
Attachment: Auction Quotes
COMPANY
Roger Ernst Auction House
P.O. Box 3251
Modesto, CA 95353
Tom White
(209) 527-7399
General Auction Company
13804 Shoemaker Ave.
Norwalk, CA 90650
Gene Govomau
(562) 483-0526
Ken Po~er Auction Co.
813 O~den St.
Santa Barbara, CA 93101
Michael Bainbridge
(805) 966-0017
Nationwide Company
13005 E. Temple Ave.
City of Industry, CA 91746
Wayne Matthewson
(626) 968-3110
COMMISSION
5%
5%
10%
AUCTION QUOTES
TRANSPORT SMOG
CHARGE CHARGE
No~
$150.00
($50.00 per
vehicle)
$180.00
($60.00 per
vehicle)
$195.00
($65.00 per
vehicle)
None
Required
Optional Fee
$35.00 per
vehicle
Non~
Required
Optional Fee
would be at
city
None
Required
Optional Fee
$45.00 per
vehicle
None
Required
Optional Fee
$45.00 pex
vehicle
DETAILING/
DE-LOGO
CHARGE
None
$75.00
($25.00 per
vehicle)
None
$105.00
($35.0O per
vehicle)
STORAGE
CHARGE
None
None
None
None
15 banking days
15 banking days
15 banking days
10 banking days
American Standard
No Written Proposal
Submitted. Info based on
phone quote.
David Handelman
(818) 594-0505
15%
$180.00
($60.00 per
vehicle)
None
Required
optional Fee
would be at
city
$105.00
($35.00 per
vehicle)
None
5 banking days
ITEM
23
ORDINANCE NO 97-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AlV!~'~ING CHAPTER 17 OF ~ TEMECULA
MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE,
REQUIRE CONDmONAL USE PERMITS FOR ~TIONAL
VEHICT.~ STORAGE YARDS IN CERTAIN RESID~ ZONING
D]~FRI~, INDOOR SWAP ~ IN CERTAIN COMMerCIAL AND
INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBUJ~ OIL
CHANGE/LUBE SERVICF..S IN CERTAIN COMM~C~ AND
FOR A CONDITIONAL USE PERMIT I~OR MASSAGE ESTABX./~~TS
AND PERMIT THEM lN CERTAIN ZONING D~STRICTS, PERMIT
GRF~TER SETBACK ~ IrOR RESIDENTIAL CUL-DF~SAC
LOTS, ESTABL~H MOTOR CYCI.~ PARKING SPACE DIMKNSIONS,
ESTABLt~H SELF-STORAGE/MINI-WAI~3~OUSE STANDARDS, AND
OTHER MINOR CLARIFICATIONS TO THE DEV~IO~ CODE
(PLANNING APPLICATION PA97-0036)
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALr~ORNIA,
DOES I-r~.R~Ry ORDAIN AS FOLLOWS:
Section 1. Findi~g.~. The City Council of the City of Tcmecula hereby maices the
following findings:
A. That Section 65800 of the Government Code provides for the adoption and
administration of zoning laws, ordinances, rules and regulations by cifie~ to implement such
general plan as may be in effect in any such city; and
B. That there is a need to amend the Development Code to protect the public health,
safety, and welfare; and
C. That this Ordinance complies with all the applicable requirements of State law and
local ordinances.
Section 2. Amend the Development Code to make the following minor clarifications
to the Development Code:
A. In Section 17.03.040(b)(2) delete the word "or' in the second set of parenthesis of
this section.
B. In Section 17.24.020(d)(2), Subsection b: add the word "not" between "parts are"
and "permiU~*o
Ord~F/-17 I
C. In Section 17.24.050(h)(4) the first sentence shah read as follows: "The interior of
all parking lots shah include landscaped planters. These planters shah have an inside dimension
width of five (5) feet and shall have a length equal to the length of the adjoining parking spaces.
These planters shall be placed at both ends of each row of parking spaces.'
D. In Section 17.08.020(f), in the last sentence, replace '15 (15) percent" with "fifteen
percent (15~)".
E. Add the following footnote to Table 17.06(a): '3 Subject to the provisions of
Section 17.24.020(d)(2)."
F. In Table 17.06Co) add footnote "1" to the Dwelling Unit Per Net Acre.
G. In Table 17.06(b) replace footno~ "2" shown for the Minimum Front Yard for the
L-2, LM, M, and H Zoning Districts with a footnote "2" for the Minimum Front Yard.
H. In Table 17.06(b) replace Footnote 3 with the following: 'Variable Side Yard
Serbs,eke: In the L-2 Zoning Districts, the combined side yard setback for both sides must equal
at least 15 feet with one side having at least 10 feet to provide potential vehicular access to the
rear of the property. In the M and H Zoning Districts, Variable side yard setbacks maybe
permitted provided the sum of the side yard setbacks is not less than ten feet and the distance
between adjacent sUuctutes is not less than ten feet. This permits a zero lot line arrangement with
a zero setback on one side yard and ten feet on the opposite side yard.'
I. In Table 17.06(b) delete Footnote 4.
J. In Table 17.06(b) delete Footnote 3 and 4 for the Minimum Interior Side Yard for
the LM, M, and H Zoning Districts.'
Section 3. Amend the following Sections of the Development Code to ranire minor
changes to the Development Code:
A. In Section 17.03.060(b)(1) add the following to the end of the subsection: 'The
requited ~ of the set backs for residential lots ~ccesslng onto a cul-de-sac may be modified by
up to twenty percent (20 ~) of the Code requirement."
B. At the end of Section 17.04.020(e)(1) add the following ', except that residential
model home complexes may be approved for any appropriate period of time."
C. In Section 17.08.050(g)(1), between "alcoholic beverages" and ' shall require" add
"except for the incidental sale of beer and wine at a restaurant,'.
D. Add Foomo~ 4 to the e~l of the Table 17.08(a) ~o resd as follows: 'See 17.080.$0
Special Use Regulations ~nd Standards Section (r) Self-Storage or Mini-Warehouse FacihTw, s'.
Section 4.
A. Add the following line to Table 17.06(a):
Recreational Vehicle Storage - C C
Yard~
Amend Chapter 17.06 of the Temecula Municipal Code as follows:
L-2 LM M H
C C C C
Section $. Amend Chapter 17.08 of the Temecttla Municipal Code as follows:
A. Add the following lines to Table 17.08(a):
Swap Meet, entirely inside a
permanent building ~
Swap Meet, Outdoor
NC CC HT SC PO BP LI
- - C - C C
B. Add the following line to Table 17.08(a):
NC CC HT
Automobile Oil Change/Lube - · C P
Services with no Major Repairs
SC PO BP LI
P - p
Ce
Amend the Massage portion of Table 17.08(a) to read as follows:
NC CC HT SC PO BP LI
I[M~ I P I PIP I v I ~'I P I
D. Add the following line to Table 17.08(a):
NC CC HTC
Mini-Storage or Mini Warehouse - C -
Facilitie~4
SC PO BP LI
P - C P
Ords~7-17 3
Section 6. Amend the Conditional Use Permit-New Building Section of Table
17.03 (a) to read as follows:
Approval '* ' ' *
Admin. ** Planning City Council
Approval P!annin~ Commission
Director
Conditional Use
Pcrmit-(New
Building 10,000
sq. fl. or
greater)
Conditional Use
Permit-(New
Building Less
than 10,000 sq.
ft.)
X
X
Section 7. Amend Section 17.04.010 o to read as follows:
'Conditional Use Permits shall require a public hearing as follows:
(1)
If the Conditional Use Permit involves an existing building the Director of Planning shall
have the authority to approve, conditionally approve, or deny an application for
Conditional Use Permit. Decisions of the Director of Planning may be appealed to the
Planning Commission, pursuant to Section 17.03.090.
(2)
If the Conditional Use Permit involves a new building with less than 10,000 square feet,
the Director of Planning shall have the authority to approve, conditionally approve, or
deny an application for Conditional Use Permit. Decisions of the Director of Planning
may be appealed to the Planning Commission, pursuant to Section 17.03.090.
O)
If the Conditional Use Permit involves a new building with 10,000 square feet or greater,
the p!nnning Commission shah have the authority to approve, conditionally approve, or
deny an application for Conditional Use Pertnit. Decisions of the Planning Commissions
may be appealed to the City Council, pursuant to Section 17.03.090."
Section 8.
Section:
Amend Section 17.03.040 Co) (2) to add the foliowing to the end of this
0~ds~7-17 4
Except that Conditional Use Permits requiring Director approval shah be noticed to a radius of
six hundred (600) feet from the exterior boundaries for the site.
Section 9. Amend Chapter 17.24 to make the following Sections:
A. ~ the current Mini-Storage Warehouse parking requirements in Table 17.24
(a) with the following:
Self-$torageYMini-
Warehouse Facilities
1 space for every 200 storage units (a minimum of 4 spaces
including the handicap space), and 2 covered parking spaces if
a manazer's residential unit is provided.
B. Amend Section 17.24.050(a) by adding the following: 'Motorcycle parking spaces
shall have a minimum dimension of at least four (4) feet in width and seven (7) feet in length and
shall be n,'cessed by a drive aisle at least eight (8) feet in width.'
Section 10. Add the following Section to 17.080.50 Special Use Regulations:
'(r) SeN-Storage or Mini-Warehouse Facih'ties
The following standards shah be applied to all new self-storage or mini-Warehouse facilities:
(1) l~-~v~.lfipmnnt
The design of the facility slmll be compatible with the surrounding area in terms of design,
bulk and mass, matedais and colors. Building exteriors shah not be corrugated metal or
similar surface, but shall be of finished quality. Metal containers are prohibited.
In Commercial Zoning Districts the rear and side yard setbacks shah be a minimum of 10
feet. In Industrial Zoning Districts no rear or side yard setbacks are required. The
Director may increase the setbacks to a maximum of 25 feet when adjacent to an existing
residential development project. The front yard setback shall maintain the setback for the
underlying zoning classification.
The maximum lot coverage shall be 65 percent.
The development site shall provide a minimum of 10% landscaped open space for project
within Commm'cial Districts. In Industrial Districts the totnl landscaping area shall be
equal to the required setback areas. No interior landscaping is required, but the setback
(e) A manager's residential unit may be pwvided, but is not required.
O~ds~F'/- 17 5
Required pafidng spa/es may not be rented as, or used for, vehiatlar storage. However,
additional parking area may be provided for recreational vehicles, boats, buses, and
trailers, provided that the storage area is adequately screened from public view with
enhanced landscaping, decorative walls, fences, or other methods as deemed appropriate
by the Director.
(9) Performnnce nnd Use R~mlnfions:
Any business activity, other than rental of storage units, including the on-site sale of
merchandize, or garage sales, and transfer/storage bv~ne~-~ which u 'tfiize vehicles ~ part
of the business are prohibited. No servicing or repair of motor vehicles, boats, Wailers,
hwn mowers, or any similar equipment is permitted.
Co)
Storage units ~ not be used for the storage of flammable liquids, highly combustible
or explosive materials, or b~-n_ rclous chemicals.
Truck or vehicle rental busin~ are prohibited without first obtaining all necessary
approvals subject to the Development Code Schedule of Permitted Uses."
Section 10. .~ever~hility The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction ~ hold any
sentence, tm'agra~, or Section of this ordinance to be invalid, such decire'on shall not affect the
validity of the remaining parts of this ordinance.
Section 11. ~ffectlve r~te This Ordinance shall be in full force and effect thirty 00)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City
Clerk shall publish a sununaty of this Ordinance and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at lea.~t five days prior to the adoption
of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish
a summary of this Ordinance, together with the names of the Councilmembers voting for and
against the Ordinance, and post the same in the office of the City Clerk.
Orda~/-17 6
Section 12. PASSer% APPROVED, AND ADOPTED this 10th day of October, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
June S. Greek, CMCIAAE
City Clerk
[SEAL]
STATE OF C,,$3.AFO~
COUNTY OF RIVERSIDE) ss
CITY OF TEIviECULA
I, lune S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 97-17 was duly introduced and placed upon its first _~'~,~i~g at a
regular meeting of the City Council on the 23rd day of September, 1997, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the 7th day of October, by the following roll call vote:
COUNC~ERS
NOF~:
COUNCILlVI~MB]~,S
{une $. Greek, AAE/CMC
City Clerk
O~97-17 7
ITEM
24
ORDINANCE 97-18
AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY
OF TEMECULA, AMENDING SECTION 10.28.010(d) OF
THE TEMECULA MUNICIPAL CODE REGARDING THE
PRIMA FACIE SP~k~ LIMIT ON 1) PIO PICO ROAD
BETWEEN DE PORTOLA AND MARGARITA ROAD 2)
PR~'~CE LANE WEST OF YNF~ ROAD 3) D~. RIO ROAD
BETWEEN FRONT ST]/~!/T AND VIA MONTEZUMA 4)
WALCOTT CORRIDOR BE'I*WEEt~ LA SERENA WAY AND
NICOLAS ROAD
TUK CITY COUNCIL OF THE CITY OF TIMECULA DOES HEIt~RY ORDAIN
AS FOLLOWS:
V,'H~REAS, The City of Tcmecula finds and determines that from time to time it is
n~es~ry to add or modify existing prima facie sp~.d limits within the City for certain streets,
or parts of streets.
WHEREAS, the City conducts engineering and trntT~ surveys on its roadways in order
to determine the appropriate speed limit;
WI~2~.F. AS, the engineering and traffic surveys on the segments of roadways designated
in this Ordinance indicate that new ~ Urnits bc established given the engineering and traffic
studies.
SECTION 1. Section 10.28.010(d) of the Temecula Municipal Code is hereby amended
as follows to modify the declared prima facie speed limits only on the following streets:
"Nnme of .~tre~t nnd
Portion Affzc"t~!
Pio Pico Road between
DePortoh and Margarita Road
30
Preece Lane west of Ynez Road
30
Del Rio Road between
Front Street and Via Montezuma
Walcott Corridor between
La Serena Way and Nicolas Road
30
0nb~97o18 I
Except as specifically set forth in this Section 1, all other provisions of Section
10.25.010(d) shall remain in full force and effect.
SECTION 2..%vetability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, pm'agraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be posted as required by law.
SECHON 4. l=.ffectlve Dnte. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and circulated in
said City.
PASSED, APPROVED AND ADOPTI~ this 7th day of October, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
}une S. Greek, CMC/AAE
City Clerk
OrdsW7-18 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of ~ ~ of Temecula, do hereby certify that the foregoing
Ordinance No. 97-18 was dully introduced and placed upon its first reading at a regular meeting
of th~ City Council on the 23rd day of September, 1997, and that thereaft, said Ordinauce was
duly adopted and pa~d at a ll~fi.r 111~lillg of the City Council on the 7th day of October, 1997,
by the following vote:
0 COUN~HRS:
NOES:
0 COUNCILMEMBERS:
ABSENT: 0 COUNCH,MEMBERS:
June S. Greek, CMC/AAE
City Clerk
Ords'~97-18 2
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM
1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
HELD SEPTEMBER 23, 1997
A regular meeting of the Temecula Community Services District was called to order at
8:45 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
President Jeffrey E. Stone presiding.
ROll CA! L
PRESENT:
ABSENT:
5 DIRECTORS:
Birdsall, Ford, Lindemans, Roberts, Stone
0 DIRECTORS: None
Also present were General Manager Ronald E. Bradley, City Attorney Peter Thorson and
City Clerk June S. Greek.
PURl IC COMMFNTS
None given.
CONSFNT CA! FNDAR
It was moved by Director Lindemans, seconded by Director Birdsall to approve Consent
Calendar Item No. I as follows:
1 Minutes
1.1 Approve the minutes of August 26, 1997.
1.2 Approve the minutes of September 9, 1997.
The motion was unanimously carried.
DIRECTOR OF COMMUNITY SERVICES REPORT
Director of Community Services Director Shawn Nelson reported that the Community
Services Department hosted its first 'Parents Night Out," where child care is provided at
the Community Recreation Center.
He also reported that the first Skate Board Competition was held at the Temecula Skate
Park this Saturday, and on Sunday the first Family Kite Flying Day was held at Paloma Del
Sol. He thanked staff for their efforts in providing these community activities.
GENERAL MANAGER'S REPORT
None given.
r:\minutes.csd\092397 -1 -
BOARD OF DIRECTORS' REPORTS
None given.
ADJOURNMENT
It was moved by Director Roberts, seconded by Director Lindemans to adjourn at 8:55 PM
to a meeting on October 7, 1997, 7:00 PM, City Council Chambers, 43200 Business Park
Drive, Temecula, California. The motion was unanimously carried.
Jeff Stone, President
ATTEST:
June S. Greek, CMC/AAE
City Clerk/District Secretary
r:&minutes.csd\092397 -2-
ITEM
2
^..ROVe.
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
Board of Directors
FROM:
Ronald E. Bradley, General Manager
DATE:
October 7, 1997
SUBJECT: Community Services Recreation Brochure
PREPARED BY: t.¢:~ ~Julie Crowe-Pelletier, Recreation Superintendent
RECOMMENDATION: That the Board of Directors:
Approve purchase order of $30,516.50 for Graphics Unlimited Lithography to print two (2)
issues of the Community Services Recreation Brochure.
DISCUSSION: A Request for Proposal (RFP) was released by the City to solicit
proposals for the development and professional production of the Community Services
Recreation Brochure. The Winter/Spring issue will be distributed city-wide on January 2, 1998
and the Summer/Fall issue will be distributed June 5, 1998. The brochure will include 32
pages with a glossy, full color, eighty-weight outer cover and glossy seventy-weight interior
pages. Services provided will include design, camera ready art work, typesetting layout, final
printing, and delivery to the U.S. Post Office for bulk direct mail delivery.
Request for Proposals (RFP) were sent to twenty-six (26) qualified printing and graphic
professionals in Temecula and surrounding communities. In addition, a Public Notice was
submitted to the local newspaper informing potential printing and graphic professionals that the
City was seeking printing and graphic services. Staff received one proposal from Graphics
Unlimited Lithography located in Temecula. The cost including sales tax, was submitted as
follows:
1. Graphics Unlimited Lithography
Winter/Spring Issue: $15,258.25
Summer/Fall Issue: ~15,258.25
Staff has worked with Graphics Unlimited Lithography on several projects in the past and have
been completely satisfied with their work performance. In addition, the Community Services
Department has received two previous state wide recognitions for recreation brochures that
were produced by Graphics Unlimited Lithography. Therefore, it is staff's recommendation to
award production of the recreation brochures to Graphics Unlimited Lithography.
FISCAL IMPACT: Cost to produce two (2) issues of the Recreation Brochure will not
exceed $30,516.50 Unencumbered funds exist in account #190-180-999-5222 for FY 1997-
98.
ITEM
3
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER ..,~,~'
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Shawn D. Nelson, Director of Community Services
October 7, 1997
Design Services Agreement for Gym Cooling System
PREPARED BY: '~~, Herman Parker, Deputy Director of Community Services
RECOMMENDATION:
That the Board of Directors:
Approve the agreement with Dahl, Taylor & Associates, Inc., for $20,800 to provide design
services for the installation of air conditioning at the CRC gymnasium.
BACKGROUND: Since the opening of the Temecula Community Recreation Center
Gymnasium (CRC) in March of 1994, the facility hea operated without an air conditioning or
cooling system. During the warm summer months of June, July and August, the temperatures
in the gymnasium can get extremely high. This results in unusually uncomfortable activity
conditions for patrons who participate in basketball leagues and other programs. As a result,
the Community Services Department is recommending the design and installation 'of an air
conditioning and temperature control system for the CRC gymnasium.
On August 1, 1997, the Community Services Department released Request for Proposals to
mechanical engineering firms for the preparation of schematic design drawings and construction
documents for the installation of the air conditioning system at the CRC gymnasium. After a
review of the proposals received, staff is recommending that the Board of Directors approve
the attached agreement for design services with Dahl, Taylor & Associates, Inc. Dehl, Taylor
& Associates, Inc., has extensive experience designing air conditioning systems for large indoor
facilities and have successfully completed similar projects for the City's of Corona, Rosemead
and Redondo Beach.
FISCAL IMPACT: The $20,800 design of the air conditioning and temperature control
system at the CRC gymnasium is appropriated in Capital Improvement Program account
number 210-190-152-5802 for FY1997-98.
· :~,~AG~)A~OYMCOOL, September 2E, 19~7
CITY OF TF. MECULA
AGREEMF~NT
FOR CONSULTANT SERVICES
THIS AGRF_,~NT, is made and effective as of October 7, 1997, between
the Temecula Community Services District, a municipal corporation ("City") and Dahl,
Taylor & Associates, Inc. ("Consultant"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. TF~RM. This Agreement shall commence on October 7, 1997 and shall
remain and continue in effect until tasks described herein are completed, but in no event later
than November 30, 1998, unless sooner terminated pursuant to the provisions of this
Agreement.
2. ,qF. RVICF~q. Consultant shall perform the 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. PERFORMANCF.. Consultant shall at all times faithfully, competently
and to the best of his or her ability, experience, and talent, perform all tasks described herein.
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. PAYMF~NT.
a. The City agreea to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and
incorporated herein by this reference as though set forth in full, based upon actual time spent
on the above tasks. This amount shall not exceed Twenty Thousand Fight Hundred Dollars
and No/100 ($20,800) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written
authorization is given to Consultant for the performance of said services. The City Manager
r: rusep\dahltayl.or - 1 - Revised 9/18/95
may approve additional work not to exceed ten percent (10%) of the amount of the
Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any
additional work in excess of this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of
each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall
give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set
forth on the invoice.
SUSPENSION OR TF~RMINATION OF AGREEMFNT WITHOUT
CAUSE.
a. The City may at any time, for any reason, with or without cause,
suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at
least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise. If the
City suspends or terminates a portion of this Agreement such suspension or termination shall
· not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination of
the Agreement pursuant to this Section, the Consultant will submit an invoice to the City
pursuant to Section 3.
6. DEFAULT OF CON~UI~TANT.
a. The 'Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shah have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Consultant with written notice of the default. The Consultant shall have (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of
time, the City shall have the right, notwithstanding any other provision of this Agreement, to
r:mscp\dahltayl.m- -2- Revised 9/18195
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. OWNER.gHIP OF r~C[~,~.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts therefrom 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, surveys,
notes, and other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the City and may be used, reused
or otherwise disposed of by the City without the permission of the Consultant. With respect to
computer files, Consultant shall make available to the City, upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall
not be liable for any injuries or property damage resulting from the reuse of the design at a
location other than that specified in Exhibit A without the written consent of the Consultant.
8. INYIEMNIFICATION. The Consultant agrees to defend, indemnify,
protect and hold harmless the City, its officers, officials, employees and volunteers from and
against any and all claims, demands, losses, defense costs or expenses, or liability of any kind
or nature which the City, its officers, agents and employees may sustain or incur or which may
be imposed upon them for injury to or death of persons, or damage to property arising out of
Consultant's negligent or wrongful acts or omissions in performing or failing to perform under
the terms of this Agreement, excepting only liability arising out of the sole negligence of the
City.
9. INSURANCE REQUIREMF. NTS. 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.
r:mscp\dahllayl.or -3- R~vi~d 9118195
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2)
Insurance Services Office form number CA 0001 fed. 1/87)
covering Automobile Liability, code 1 (any auto).
(3)
Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
(4)
Errors and omissions liability insurance appropriate to the
consultant's profession:
than:
bo
Minim. m I imit.q of Insurance. Consultant shall maintain limits no less
O)
General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury
and property damage.
(3)
Employer's Liability: $1,000,000 per accident for bodily injury
or disease.
(4) Errors and omissions liability: $1,000,000 per occurrence.
c. l'!~ucfibles arid ~qelf-Insnred Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager. At the option of the
City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees and voIunteers; 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:
r:msep~d~llayl.or 4- Revised ~/18D5
(1)
(2)
(3)
The City, its officers, officials, employees and volunteers are to
be covered as insureds as respects: liability arising out of
activities performed by or on behalf of the Consultant; products
and completed operations of the Consultant; premises owned,
occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall
conlain no special limitations on the scope of protection afforded
to the City, its officers, officials, employees or volunteers.
For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or
self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or
volunteers.
(4)
The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Verifi~tion of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
r:msop\dah#ayl.ot -5- Revised 9/I $/95
10. INDF~PF.N'f)I;'.NT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on
behalf of Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees or agents shall have control over the conduct of
Consultant or any of Consultant's officers, employees or agents, except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
11. I,F, GAI, RF. qPoN,qlRII,ITIKq. The Consultant shall keep itself
informed of State and Federal laws and regulations which in any manner affect those employed
by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such laws and regulations. The City,
and its officers and employees, shall not be liable at law or in equity occasioned by failure of
the Consultant to comply with this section.
12. R!~'.l.g.&.qg. OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or pr~x~ located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed thereunder or with respect to any project or property located within the City. City
r:rusep\dddtayl.or -6- R~bed 9/18/95
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 City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the
right by City to control, direct, or rewrite said response.
13. NOTICF. q. 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 r~.eipt requested, addressed to
the address of the party as set forth below or at any other address as that party may later
designate by Notice:
To City:
City of Temecuh
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attention: City Manager
To Consultant:
Dahl, Taylor & Associates, Inc.
2960 Daimler Street
Santa Ana, CA 92705-5824
Attention: William S. Cowdell, P. E.
14. A,g,glC, NMF. NT. The Consultant shall not assign the performance of
this Agreement, nor any part thereof, nor any monies due hereunder, without prior written
consent of the City. Because of the personal nature of the services to be rendered pursuant to
this Agreement, only William Cowdell shall perform the services described in this Agreement.
William Cowdell may use assistants, under his direct supervision, to perform some of the
services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior
to the departure of William Cowdell from Consultant's employ. Should he leave Consultant's
employ, the city shall have the option to immediately terminate this Agreement, within three
(3) days of the close of said notice period. 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. I.IC~NgF. R. 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.
r: ruscp~dahgayl.or -7- Revised 9/18195
16. C~OVERNING LAW. The City and Consultant understand and agree
that the laws of the State of California shall govern the rights, obligations, duties and liabilities
of the parties to this Agreement and also govern the interpretation of this Agreement. Any
litigation concerning this Agreement shall take place in the municipal, superior, or federal
district court with jurisdiction over the City of Temecula.
17. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations of the parries 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.
18. AUTHORITY TO EX!~/~UT~ THIS AGREEMENT. The person or
persons executing this Agreement on behalf of Consultant warrants and represents that he or
she has the authority to execute this Agreement on behalf of the Consultant and has the
authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CONSULTANT
CITY OF TEMECULA
By
Dab1, Taylor, & Associates, Inc.
By
Jeffrey E. Stone
Chairperson
Approved As to Form:
Pe/er M. Thorson
City Attorney
Attest:
June S. Greek
City Clerk
r:rusep~dahllayl.o~ -8- Revised9/18/95
EXHIBIT
SCOPE OF WORK
Dahl, Taylor & Associates, Inc. proposes to provide the City of Temecula, Community Recreation
Center gymnasium with the following services:
$corm of Work Cost r~er Item
Meet with City staff to develop and refine overall project needs, requirements
and schedule wc~ to provide a cooling system for the Community Recreation
Center gymnasium, located at 30875 Rancho Vista Road, Temecula, CA.
$400.0
Establish an understanding with City staff regarding the Scope of Work, fees,
and coordination methods.
$200.0
Evaluate the existing heating and ventilation systems, and associated
mechanisms, in the gymnasium.
Determine how the cooling system may interface with the existing HVAC
system for the entire building, and recommend cost effective methods for
providing a cooling system for the gymnasium.
$800.0
Recommend to the City the most feasible and cost effective method(s) to
provide a temperature control system for the gymnasium.
o
Prepare and provide schematic design plans and specifications, and submit
to the City for review and approval in accordance with all applicable building
codes.
Prepare bid specification package, including bidders instruction, bid sheets,
general specifications, special provisions, technical specifications,
construction costs, and final construction plans using City boiler plate
documents.
$1,000.0
$8,000.0
Respond to the City plan check comments, and revise plans and
specifications to address all City plan check comments. Provide four (4) sets
of the plans for each plan check submittal.
$1,000.0
Attend the pre-construction meeting to ensure issues related to the
construction phase can be addressed.
10.
Be available to answer questions dum~g the bid and issue addenda during the
construction bid process. Perform site visits during the construction phase,
and final walk-through for compliance with overall system design, industry
standards, and California Uniform Building Code regulations.
$4,000.Q
$15,800.0
Allowance for Structural/Architectural Services
(If required after determination of cooling system equipment location.)
$ 5,000.0
EXHIBIT "B"
e
3.
4.
5.
6.
7.
8.
MECHANICAL AND ELECTRICAL DESIGN SERVICES
FEE SCHEDULE
Classification
Principal Engineer
Mechanical/Electrical Engineer
Project Engineer
Design Engineer
Senior CAD Designer
CAD Designer
Technical Typist
Travel Time at One-Half Hourly Rate.
Automobile Mileage at 30 Cents Per Mile. Air Fare at Cost.
Per Diem Expenses at Cost.
Blue Printing And Reproductions at Cost Plus 15%.
Consultant at Cost Plus 15%.
Special Instrumentation, Outside Tests and Reports at Cost Plus 15%.
Terms of Payment - Net 30 Days; Interest Rate = 1-½%
Hourly Rate
$105.00
$ 95.00
$ 90.00
$ 80.00
$ 75.00
$ 60.0O
$ 45.00
January 18, 1997
ITEM
4
TO:
FROM:
DATE:
SUBJECT:
PREPARED BY:
CITY ATTORNEY
FINANCE DIRECTOR'
GENERAL MANAGER
TEMECULA COMMUNITY SERVICES DISTRICT
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Ronald E. Bradley, General Manager
October 7, 1997
Award of Contract and Adoption of an Addendum to the Mitigated
Negative Declaration for the ADA Improvement Project (Project No.
PW97-09CSD)
Shawn D. Nelson, Director of Community Services
Don Spagnolo, Principal Engineer - Capital Projects
Steve Charette, Assistant Engineer - Capital Projects
RECOMMENDATION:
That the Board of Directors:
1.
o
Adopt an Addendum to the previously adopted Mitigated Negative Declaration for the
Rancho California Sports Park Improvement Project.
Approve the plans and specifications for the construction of the Americans with
Disability Act (ADA) Improvement Project, Project No. PW97-09CSD.
Award a construction contract to Mod Craft, Inc. for the base bid and one alternate bid
in the amount of $230,941.57 and authorize the President to execute the contract.
Authorize the General Manager to approve change orders not to exceed the contingency
amount of $23,094.16 which is equal to 10% of the contract amount.
Authorize the transfer of funds from the Rancho California Sports Park Improvement
Project in the amount of $32,127.00 to the ADA Improvement Project Fund in the CIP
Fund.
Appropriate and transfer $30,000 from TCSD Fund Balance to the ADA Improvement
Project Fund in the CIP Fund.
BACKGROUND:
On May 13, 1997, the Board of Directors authorized the Department of Public Works to solicit
public construction bids for the ADA Improvement Project, Project No. PW97-09CSD. The
project will retrofit four City parks to meet ADA standards which will provide a recreational
experience for people with disabilities. The base bid improvements for the project include the
following improvements:
Veteran's Park:
Sidewalk access to two tot lots: all-access play surfaces
for two tot lots; park benches; all-access drinking fountain;
ADA picnic table; bar-be-cues.
Calle Aragon Park:
Play structure installation, all-access play surface for tot
lot; ADA picnic table, all-access drinking fountain.
John Magee Park:
Play structure installation; all-access play surface for tot
lot; ADA picnic table; sidewalk access to picnic facilities;
bar-be-cue.
Rancho California Sports Park:
Sidewalk and ramp access to the Rancho Vista ball fields
No. 1 and 2; sidewalk to the tot lot; re-striping of the
parking lot; drinking fountains.
The alternate bid consists of additional improvement items for Rancho California Sports Park
including a 65-foot long pedestrian bridge crossing the existing drainage course and an
additional 1600 square feet of concrete sidewalk at tot lot area.
The pedestrian bridge and new sidewalk were not analyzed in the original Mitigated Negative
Declaration for the Rancho California Sports Park Improvement Project adopted by City Council
on April 24, 1994. The attached addendum to the previously adopted Mitigated Negative
Declaration has been prepared for adoption by the Board.
Three (3) bids for the project were publicly opened on September 4, 1997 and the results of
the base bid and alternates are as follows:
No. CONTRACTOR BASE BID ALTERNATE TOTAL
($) ($) ($)
1 Mad Craft, Inc. $184,663.57 $46,278.00 $230,941.57
2 Oakridge Landscape & $189,996.00 $60,697.00 $250,693.00
Irrigation
3 Malibu-Pa cific Tennis $214,210.00 $63,000.00 $277,210.00
Courts, Inc.
Staff has contacted the State Contractors License Board and confirmed that the license is
current and in good standing. Mad Craft, Inc. has not performed any work for the City, but
has performed well in other areas of California base on comments from reference of
previous work.
The Construction schedule is for 55 working days. Work is expected to begin by early
November 1997 and to be completed in early February 1998.
A copy of the bid summary is available for review on the City Engineers's office.
~.~8clq=t\9~ t007~w97-09r~
FISCAL IMPACT:
The ADA Improvement Project is a Capital Improvement Project and will be funded primarily
through a Community Development Block Grant. A transfer of $32,127.00 ($2,593.00 -
Administration; $29,535.00 - Construction) in Development Impact Fees from the Rancho
California Sports Park Improvement Project is required. Additionally, an appropriation and
transfer of $30,000.00 is required from TCSD operating fund balance to ADA Improvement
Project - Construction.
The pedestrian bridge is budgeted in the Rancho California Sports Park Improvement Project.
Sufficient funds are appropriated in the Capital Improvement Program for the completion of this
portion of the subject project.
ATTACHMENTS:
1. Addendum Mitigated Negative Declaration
2. Construction Contract
r: ~a~drpt\97~ 1007~l~e97-O9awd
CITY OF TEMECULA
Environmental Checklist
RECEIVED
CITY OF I'EMECUIA
ENGINEERING DEPARTMENT
1. Project Title:
Lead Ageucy Name and Address:
Contact Person and Phone Numbec.
Project Location:
Project Sportsoffs Name and Address:
6. C.,-eam'al Plan Designation:
7. Zoning:
8. D~scription of Proj~'t:
Environm~tal Assessment No. 34 - Revised: American
With Dis~b'fiities Act Improvement Project at Temecula
Sports Park
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Matthew Fagan, Associate Plann~ (909) 694-6400
Southeast ofthe ~tersectim of Margarita Road and Rancho
Vista Road, in t~e Temecula Sports Park
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Public Institutional (PI)
Public Institutional (PI)
Atomcan with Disabilities Act improvements to include: a
65' long bridge crossing the existing drainage course, new
facilities at the Rancho California Sports Park The
Mitigated Negative Declaration for Environm~tal
Assess'n~'~t No. 34 (Rancho California Sports Park
hnp~v=nnt proj=t) ~ adopad by~ City of ?em~ula
City Council on April 24, 1994. TheMitignt~iNegntive
Declaration ide-tified several areas which could be
si~ificnnt~y impacted, if mitigation measures were not
mcorporated as a result of this project. Theae areas
impacts to a level of less than significant.
The previously analyzed and approved Rancho California
Sports Park Improvement Project consists of: a Roller
Hoc~y Rink, a concession/restroom facility, skateboard
facility, group picnic area and parking lot. TI~ bridge,
n~v 6' wide sidewalk, and modifications to existing
playground facilities w~e not analyzed in the adopted
10.
Mitigated Negative Declaration for the project.
PuFsuant to Scction 1~164 of the CB(~A Guidelines, an
Addend-m to a previously adopted Negative Declaration
shall bc prepared for a project if only minor technical
This IniU'al F. nvironngmal Study has conductcd to
dctcrmme if the projcct was within the scope of thc
previously adoptcd Mitigatcd Negative Declaration. An
adde,ql-m to the previously adopted Mitigated Ncgativc
wide sidewalk, and morlificnrions to existing playground
facilities were not considered within the scope of the
previous Rancho C~ffornia Sports Park Improvement
Project or environmental review for the project.
Surrounding Land Uses and Setting:
Communit~ Recreation Center to the west, sinl~c-famity
resid~nc~ to the north, Tanecula Valley High School to the
cost and a tot lot to the south.
Other public agencies whosc approval is required: None.
R:~LAN~NO~EA-REV.I~ 9/10/97 mf ~
ENVIRO~NT~ FACTOR~ POTENTIALLY AFFEC-I'ED:
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a 'Potentially Significant Impact" as inaic~ted by the checklist on the following pages.
Land Use and Plavning
Population and Housing
Geologic Problems
[)
[)
[1
[X'] Water
[ ) .A~,- QuaUty
[ ] Transportation/Circulation
[ ] Biological Resources
[ ] Energy and Mineral P. csom'ccs
DETERMINATION
[ ] Hazards
[ ] Noise
[ ] Public Services
[ ] Utilities and Service Systems
[] Aesthet~
[ ] C~dtur~
I'i
[ ] Mandatory F'tndin~ of Significance
Onthe bnsis of this initial evaluaticn, I find that although the proposed project could have a sig~ific~.t effect on
the en~ there will not be a significant effect rothis case because ti~ mitigation measures described (m
an attached sheet have been added to the project. AN ADDENDUM TO THE PREVIOUSLY ADOPTED
-~~ DECLARATION wfil be prepared. Date
R:~LANNINO~EA.,RE¥.~.S ~/10/97 mf 3
ISSUES AND SUPPORTING INFOR~JA,TION SOURCES
PomaMly
No
1. LAND USE AND PLANNING. Would the propoJal:
a. ConfLict with gcnerzl plan cle~gnation or zoning?
b. Conflict with applicable cnvironmcntsl plans or policics
adopt~ by ag~ai~s with jurisdiction over the project?
c. Be incompatible with existing land use in the vicinity?
d. Aftrot ~rioultural resouroes or oporatio~s (~.g: imp~ to
soils or fiu~nlands. or imp~.,ts fi~n incompefibl¢ bind uses)?
c. Disrupt or divid~ the physicel strong. tent of an cstsblishcd
communit~ (including 1ow-incomc or minority community)?
2. POPULATION ~ HOUSING. Would be proposal:
e. ¢umul~vely ex__,~'d_ officiel rcgionel or local popuhtion
projects?
b. Induce substantial gro~vth i- an area either directly or
'indirectly (e.g. through project in an undeveloped area
or exte~on of major infi-asuvctm'e)?
¢. Displace existing housing, especially ~ffordable housi~?
3. GEOLOGIC PROBLEMS. Would the proposal result
in or expoae pe~ie to potential impa~ involving?
~. Fault rupture?
b. seismic ground sh__~ing?
¢. Seismic ground failure, including liquefaction?
d. Sciche, tsunemi, or volcanic hezard?
e. ~.~nd,~tide~ or mudflows?
f. Erosion, changes in topography or unstable soil condifiom
form excavation, grading or fill?
g. Subsidence of the land?
h. Expansive soils?
i. Unique geologio or physical features?
[]
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IX]
R:~W. ANNINOX.~EA-REV.IES 9/10/~7 mf 4
AND Sb?{W2)R1'ING ilqFORMATION SOURCE~
4. WATER. Womld tbe propo~ll mu# b:
b. Expomu~ of~le ~ p~ ~ w~ ~t~ ~
c. Di~mm~~ ~~ ~
w~ q~ (e.g. ~, ~lv~ o~g~ ~
~i~)v
d. C~gm m~ ~t ~ ~ m ~w~
e. ~g~ ~ c~,~ ~ ~ ~~w~
~~?
f. c~ ~ ~ q~ of ~ ~ H~u~
1~ ~ ~w~ ~ cap~
g. ~ ~ ~ ~ ~ow ~ ~w~
h. ~p~ m ~a~ q~
i. s~~mm~ ~t~~
· ~ Qua. w~ ~ p~
a. Viol~ ~y ~ q~ ~ ~ ~ m ~
6. ~RT&~ON~~ON.
W~ ~ p~M m~ h:
~ ~~ ~~ ~ ~bl~ ~)7
Peamiry
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ISSUES AND SUPPORTING I~FORMATION SOURCES
No
Insufficient parking cap~ity on-site or off-site?
e. Hazards ~ barriers for perlestrom or bicyclists?
f. Conflicts with Mopr~cl policies supporting alternative
transpormion (e.g. bus turnouts, bicycle rae, ks)?
g. Rail, w&tcrbornc or air traffic impacts?
7. BIOLOGICAL RESOURCES. Would the proposal
muir in hnpa~t~ to:
(including but not limited to plants, fish, insects, animals
and birds)?
b. Locailyd~ignsted spots
¢. Locally design~!~ natural communities (e.g. o~k forest,
coas~l habim, ~.)?
d. Wetland habitat (e.g. m~rsh, ripatari and wmal pool)?
8. ENERGY ~ MIIg~'RESOURCES.
Would li~
b. Use non-renewal resoumes in a ~ ~d inefficient
c. Result in th~ loss of awihbility of a known mi-~ral resour~
of the State?
9. HAZARDS. Would the propreal involve:
substances (including but not limited to: oil, pesticides,
b. Possible interference with on mncrgcncy respome plsn
or ern~gcmy evscusti(m plan?
hazing?
[1
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[]
[]
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R:~q-ANNING~4EA-REV.IF.S 9/!0;9~7 tu~ ~
ISSUES AND SUPPORTINO INFORMATION SOURCES
d, F, xposu~ of people to ~xisti~ sources of potenthi hr, afih
hazards?
c. Incrcasc fuc hazard in aFcas with flammable brush,
10. NOISE. Would the proposal result in:
a. Increase in e~isting noise levels?
b. Exposure of people to severe noise levels?
11. PUBLIC SERVICES. Would the propoasd have an effect
upon, or result h a need for new or altered government
seFvices in any of the folk)wing areas:
a. Fire
b. Police protectien?
c. Schools?
d. ~V~nlntt.~n~ Of plybile f~iliti~s, in~ldil~ Fosds?
e. Other 8overnmental services?
12. UTILFITES AND SERVICE SYSTEMS. WouM the
proposal result in a need for new systems or supplies,
or substantial alterations to the folbwin[ utilities:
a. Pow~ or natural gas?
b. Communications
facfiities?
d. Sewer or septic tanks?
e. Stetro water drainage?
£ Solid waste dispos&!?
AESTHETICS. WouM ~he proposal:
a. Aff~t a sceni~ vista o~ scenic hishway?
b. ~ave a demonSsbic negntive ae~heti¢ e~ect?
[]
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No
ISSUF, S AND $UPPORTINO INFORMATION SOURCF~
No
CULTURAL ~ESOU~CES. Would file proposal:
Distrio paleontologioal resources?
D/smrb ~olo//r~l resource?
Affect historical rmour~s?
I-hvc the poUmlial to cause a physical chengc which would
sffect unique ethnic cultural values?
Resuict existing religious or s~'ed uses within the pot~aial
imp~-t
1~. RECREATION. WouM the proposal:
a. Increase the demand f~r mghbothood or regioml parks or
other recreatieml f~cilities?
do
MANDATORY FINDINGS OF SIGNIFICANCE.
Does the project have the portugal to degrnde the quality
of the environngn~ substantially reduce the habitat of ·
~i~ ~r wildlife speci~ cause a fish or wildlife populati~
to drop below seif-sn~t-iniqg levels, tbre~tea to eliminate
Does the project lmvc the potemial to achieve short-term, to the
dindvmt~g~ of long-ram, envirom~ goals?
limited, but cunndatively considerable? ("Cumulatively
considerable" means that the incremcn~ dfects of a
project arc considerable when viewed in connection with
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R:~L~241qNfi~4~V.!~ ~'10~T mg 8
17. EAIt~W~R ANALYSES.
The Ming&ted Negative Declm'atimx f~r En~ .~.~m~nt No. 34 (Rancho California Sports Patio Improvement
Project) adopted by ~ City of T~ City Council on April 24, 1994.
DISCUSSION OF TUF~ ENVIRONMENTAL IMPACtS
The addition of the bridge over the channel has the potential to impact Water Resources. No other
impacts are anticipated. Mitigation measure~ incorporated into the project design will reduce these
impacts to a level of less than significant.
The proposal will result in minor modifications the existing drainage channel banks. The channel
currently traverses the site has been modified from the previous project. Prior to any modification
to the channel, clearances will need to be obtained from the Army Corps of Engineer~ and the
California Department of Fish and Game. This will assure that any potential impacts are m/tigated
to a level less than significant.
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW97-O9CSD
ADA IMPROVEMENT PROJECT
THIS CONTRACT, made and entered into the 7th day of October, 1997, by and between the City
of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Mod Craft, Inc,
hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
.8.
CONTRACT DOC. UMFNT.~. The complete Contract includes all of the Contract Documents,
to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and
Materials Bond, Plans and Specifications entitled PROJECT NO. PW97-O9CSD, ADA
Improvement Project, Insurance Forms, this Contract, and all modifications and
amendments thereto, the State of California Department of Transportation Standard
Specifications (1992 Ed.) where specifically referenced in the Plans and Technical
Specifications, and the latest version of the Standard SI3ecifications for Public Works
Construction, including all supplements as written and promulgated by the Joint
Cooperative Committee of the Southern California Chapter of the American Associated
General Contractors of California (hereinafter, "Standard Specifications") as amended by
the General Specifications, Special Provisions, and Technical Specifications for PROJECT
NO. PW97-09, ADA Improvement Project. Copies of these Standard Specifications are
available from the publisher:
Building News, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
The Standard Specifications will control the general provisions, construction materials, and
construction methods for this Contract except as amended by the General Specifications, Special
Provisions, and Technical Specifications for PROJECT NO. PW97-09CSD, ADA Improvement
Project.
In case of conflict between the Standard Specifications and the other Contract Documents, the
other Contract Documents shall take precedence over, and be used in lieu of, such conflicting
portions.
Where the Contract Documents describe portions of the work in general terms, but not in complete
detail, it is understood that the item is to be furnished and installed completed and in place and that
only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall
furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in
executing the Contract.
CONTRACT CA-1 R.'~CIP~OJ ECTS~I~N~7~/~7-Og~C ONTRACT ~)OC
The Contract Documents are complementary, and what is called for by anyone shall be as binding
as if called for by all. Any conflict between this Contract and any other Contract Document shall
be resolved in favor of this Contract.
SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide
and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and
transportation services required for the following:
PROJECT NO. PW97-09CSD, ADA IMPROVEMENT PROJECT
All of said work to be performed and materials to be furnished shall be in strict accordance with
the Drawings and Specifications and the provisions of the Contract Documents hereinabove
enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed under the direction and supervision, and subject to the approval of CITY
or its authorized representatives.
CONTRACT AMOUNT AND SCHEr3U! F. The CITY agrees to pay, and CONTRACTOR agrees to
accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED THIRTY
THOUSAND NINE HUNDRED FORTY-ONE DOLLARS and FIFTY-SEVEN CENTS {$230,941.57), the
total amount of the base bid and alternate bid.
CONTRACTOR agrees to complete the work in a period not to exceed Fifty-five (55) working days,
commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until
bonds and insurance are approved by CITY.
o
CHAN~,F ORDERS. All change orders shall be approved by the City Council, except that the City
Manager is hereby authorized by the City Council to make, by written order, changes or additions
to the work in an amount not to exceed the contingency as established by the City Council.
6. PAYMENTS.
UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after
submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal
to ninety percent (90%) of the value of the work completed according to the bid schedule.
Payment. request forms shall be submitted on or about the thirtieth (30th) day of each
successive month as the work progresses. The final payment, if unencumbered, or any part
thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and
the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the
CITY on forms provided by the CITY.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the City Manager, stating that the work for which payment is
demanded has been performed in accordance with the terms of the Contract, and that the
amount stated in the certificate is due under the terms of the Contract. Partial payments
on the Contract price shall not be considered as an acceptance of any part of the work.
CONTRACT CA-2 R:~CiPtPRO j ECT$~V9 ? UrNV97.09~C0 NTRACT.D 0 C
Go
Interest shall be paid on all undisputed payment requests not paid within thirty (30) days
pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107
is hereby incorporated by reference.
7. WARRANTY RETFNTION. Commencing with the date the Notice of Completion is recorded, the
CITY shall retain a portion of the Contract award price, to assure warranty performance and
correction of construction deficiencies according to the following schedule:
CONTRACT AMOUNT
$25,000- $75,000
$75,000- $500,000
Over $500,000
RETENTION PFRIOD
180 days
180 days
One Year
RETFNTION PFRCFNTAGE
3%
$2,250 + 2% of amount in
excess of $75,000
$10,750 + 1% of amount
in excess of $500,000
LIOUI!3ATFr3 13AMA~,FR - FXT!=NSION OF TIMF. In accordance with Government Code Section
53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars
($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant
to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to
become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to
become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not
be assessed liquidated damages for unforeseeable delays beyond the control of, and without the
fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is
required to promptly notify CITY of any such delay.
9. WAIVFR OF C! AIMS. On or before making each request for payment under Paragraph 6 above,
CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to
the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance
by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related
to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity
agreement with each claim for payment.
10.
PREVAIl ING WA~!=S. This is a Federal assisted project and Davis-Bacon Fair Labor
Standards Act (the most recent wage determination published 10 days prior to bid opening)
will be enforced. Whenever there is State funding involved, the highest of the two (State
and Federal) wage decision prevails.
Federal Labor Standards Provisions 4010 of the U.S. Department of Housing and Urban
Development is incorporated into this contract and attached.
CONTRACT CA-3 R:~ClI~PROJ ECT$~C'W97~WV~7 -OI~CONTRACT.DO C
All contractors shall be verified for eligibility through the current HUD List of Debarred, Suspended,
or Ineligible Participants, and the General Services Administration's Consolidated List of Debarred,
Suspended, and Ineligible Contractors prior to being authorized to participate on this project.
Any Sub-tier Contract(s) resulting from this contract must contain the same contractual language
as the original contract.
Pursuant to the provisions of Section 1773 of 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 is this locality for each craft, classification, or type of workman needed to
execute this Contract, from the Director of the Department of Industrial Relations. These rates are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted
prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections
1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as
a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker,
or mechanic employed, paid less than the stipulated prevailing rates for any work done under this
Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract.
11.
TIME OF THE FSSENCF. Time is of the essence in this contract.
12.
INDFMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRA. CTOR's employees included) and damage to property, arising directly or indirectly
out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
CONTRACTOR shall hold the County of Riverside, its officers, agents and employees free and
harmless from any liability whatsoever, including wrongful death, based or asserted upon any act
or omission of principal, its officers, agents, employees or Sub-contractors relating to or in any way
connected with or arising from the accomplishment of the work, whether or not such acts or
omissions were in furtherance of the work required by the Contract Documents and agrees to
defend at his expense, including attorney fees, CITY, County of Riverside, its officers, agents,
employees and Independent Architect in any legal action based on any such alleged acts or
omissions.
13.
~RATUlTIFS. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
14.
CONFIICT OF INTFRFST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee,
or any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
CONTRACT CA-4 R:~CIP~RO J ECT$\PW97 ~:~/~7 -09~CONTRACT.D 0 C
CONTRACTOR'S AFFI!3AVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors upon
the Project have been paid in full, and that there are no claims outstanding against the
Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has been
filed under the provisions of the laws of the State of California.
16.
NOTICE TO CITY OF ! ABOR DISPUTFS. Whenever CONTRACTOR has knowledge that any
actual or potential labor dispute is delaying or threatens to delay the timely performance
of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant
information with respect thereto, to CITY.
17.
ROOKS AND RFCORDS. CONTRACTOR's books, records, and plans or such part thereof
as may be engaged in the performance of this Contract, shall at all reasonable times be
subject to inspection and audit by any authorized representative of the CITY.
18.
INSPFCTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner as
to not unduly delay the work. The work shall be subject to final inspection and acceptance
notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the work.
19.
DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin,
color, sex, age, or handicap.
20.
ROVERNINR ! AW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Contract and also govern the interpretation of this Contract. Any litigation
concerning this Contract shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Temecula. In the event of litigation between
the parties concerning this Contract, the prevailing party as determined by the Court, shall
be entitled to actual and reasonable attorney fees and litigation costs incurred in the
litigation.
21.
Aria R!=C)UIRFMFNTS. By signing this contract, Contractor certifies that the Contractor is
in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336,
as amended.
CONTRACT CA-5 R:~CII:~RO J ECTS%rRN97~NV97-09~CONTRACT.DO C
22.
WRITTEN NOTICF. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents, and
to the CITY addressed as follows:
Joseph Kicak, Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, CA 92590-3606
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first
above written.
DATED:
MOD CRAFT, INC.
1730 PRODUCTION CIRCLE
RIVERSIDE, CA 92509
By:
Print or type NAME
Print or type TITLE
DATED:
CITY OF TEMECULA
APPROVED AS TO FORM:
By:
Patricia H. Birdsall, Mayor
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
CONTRACT CA-6 R :~CII~=ROJ ECTS~N97 ~:NVe7-Og\CONTRACT.DO C
ITEM
5
APPRC~VAL )~
CITY ATTORNEY
FINANCE DIRECTOR
GENERAL MGR _~
TEMECULA COMMUNITY SERVICES DISTRICT
CITY OF TEMECULA
AGENDA REPORT
TO:
Community Services Board of Directors
FROM:
Ronald E. Bradley, General Manager
DATE:
October 7, 1997
SUBJECT:
Completion and Acceptance of the Sports Park Creek Restoration Project,
Project No. PW95-10CSD
PREPARED BY:
Shawn D. Nelson, Director of Community Services
Don Spagnolo, Principal Engineer - Capital Projects
Steve Charette, Assistant Engineer - Capital Projects
RECOMMENDATION:
That the Board of Directors accept the construction of the Sports Park Creek Restoration
Project, Project No. PW95-10CSD, as complete and direct the City Clerk to:
1. File the Notice of Completion and release the Performance Bond, and
Release the Materials and Labor Bond seven (7) months after the filing of the Notice of
Completion if no liens have been filed.
BACKGROUND:
On April 23, 1996, the Board of Directors awarded a contract for the construction of the Sports
Park Creek Restoration Improvements - Project No. PW95-O9CSD, to R.K. Allen Landscape
Construction for $195,059.00. The contract included the re-vegetation and stabilization of the
slopes within the flood control channel at the Rancho California Sports Park. The portion of
the creek that was restored lies south of Rancho Vista Road between the Community
Recreation Center and the Skate Board Park. The improvements included landscaping along the
channel slopes, slope protection, a walkway along the north channel bank adjacent to the
existing baseball fields and underground drain lines beneath the ballfields to reduce surface
ponding.
On September 25, 1996 the Contractor completed the work in accordance with the approved
plans and specifications to the satisfaction of the Director of Community Services. The
contract required a Maintenance Bond in the amount of 10% be posted with the Clerk for a
period of one (1) year. The Contractor had failed to provide the required Maintenance Bond and
consequently the City has withheld the 10% retention monies for one year ending September
25, 1997 to address expenses normally provided by the contractor under the Maintenance
Bond. Now that all of the construction requirements have been addressed the construction
retention for this project will be released on or about thirty-five (35) days after the Notice of
Completion has been recorded.
r:\agdrpt\97\1007~pw95-10.acc
FISCAL IMPACT:
The contract amount for this project was $195,059.00. Contract Change Orders No. I and No.
2 were approved by the City Manager in the amount of $960.00. This project was funded by
Development Impact Fees for Parks and a $100,000.00 grant from the State Department of
California Water Resources.
Attachment:
1. Notice of Completion
2. Contractor's Affidavit
r:.\aodrpt\97~1007\pw95-10.acc
ITEM NO. 6
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR ~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
Board of Directors
FROM:
Ronald E. Bradley, General Manager
DATE:
October 7, 1997
SUBJECT:
Easement Agreement with Pacific Century Homes to Construct
Improvements on Winchester Creek Park
PREPARED BY: Phyllis L. Ruse, Development Services Administrator
RECOMMENDATION: That the Board of Directors approve the Easement Agreement to
Allow Construction of Slopes and Drainage Facilities with Pacific Century Homes.
BACKGROUND: Pacific Century Homes ("Pacific") is the owner of the property
immediately adjacent to the eastern boundary of the Winchester Creek Park site in the
unincorporated County. Pacific is currently preparing to begin the construction of their
residential project on this property. The topography of the park site and the development
property is such that both projects may be substantially benefitted by cooperation in slope and
drainage facility construction.
Pacific has approached the City with a request to grade a 4-to-1 slope from their property onto
the .park site. This grading will provide more usable pads for Pacific while producing more
useable park land for the City. The proposed slope will provide a gentle down slope into the
park as opposed to a 2-to-1 slope away from the park.
Pacific will install a $30,000 drainage facility system to collect and drain their project's run off
and nuisance flow through the park site to the storm drain at Margarita Road. -This facility will
benefit both properties by providing drainage for Pacific's development while eliminating surface
run off, reducing the use of concrete and swale drainage facilities, and reducing the amount of
fencing required in the park. This will result in a substantial cost savings to the City and
provide an overall better park design.
Pacific anticipates they will be ready to begin grading operations by mid-October and should
be completed within approximately two months. The City plans to go out to bid on the
Winchester Creek Park project in November and begin construction in January, 1998. Both
projects should be accomplished without any timing conflicts.
Pacific will be required to have all improvement plans relative to the park site approved by
Public Works and the finished work will be inspected by the City. In recognition of the mutual
benefits to be derived from this project, the City will bear the first $4,000 in permit, plan
check and inspection fees. Costs incurred above this amount, if any, will be borne by Pacific.
FISCAL IMPACT: Pacific will install a $30,000 storm drain system and additional slope
improvements on the park property. The City will absorb up to $4,000 in revenue for plan
check, inspection and permit fees. The City will experience a savings of approximately
$10,500, in reduced fencing and drainage facility costs.
Attachment:
Agreement
RECORDED AT REQUF~T OF
AND WHEN RECORDED
RETURN TO:
City of Tem~odo
43200 B, tsiness Park Drive
Temeeu~a, California 92~90
ATTN: June S. Greek, City Clerk
EIIiIMFF FROM RECORDER*S FEES
pursuant to Government Code
Sections 6103 and 27383
EASEMENT AG~ TO ALLOW CONSTRUCTION
OF SLOPES AND DRAINAGE FACH~rrIES
(WINCHESTER CREEK PARK)
~ EASEMENT AGlal~.I~iENT is made and effective as of October 7,
1997 by and between the City of Temecula ("City") and Pacific Century Homes ('Pacific").
In consideration of the mutual benefits and covenants set forth herein, the parties hereto agree
as follows:
1. Recitals. This Agreement is made with respect to the following facts
and purposes, which the parties hereto each acknowledge and agree are true and correct:
a. City is the owner in fee of that certain real Frol~ty consisting of
appro~'nately 4.5 acres g~m~rally located on Margarita Road in the City of Temecula,
County of Riverside, and designaed as W'~ Creek Park and which is legally
described and depicted on Exhibit A., Legal Description of City ~ ('City
b. Pacific is the owner in fee of that certain real prol~t ty consisting
of a~y 23.2 +/- acr-~ generally located adjacent to the City l~)lX.,ty on
Margarita Road in the unincorporated area of Riverside County and which is legally
described and depicted on Exhibit B., Legal Description of Pacific Property ('Pacific
c. The Pacific Pro/r.,ty is adjacent to the City 1~o0c, ty.
d. Pacific desires to obtain an easement from City to allow Pacific
to grade a portion of the City Property and construct new slopes in conjunction with the
grading and construction of slopes and building pads on the Pacific Property. Padtic
desires to obtain a license from City to construct a drainage facility upon the City
l~opoty which will ~ both City Property and Pacific Property.
e. Both parties agree that each will receive substantial benefits from
the easements granted pursuant to this Agreement and the construction of the
improvements pursuant to ~ Agreement. The parti~ further agree that sufficient
consideration exists for the covenants set forth in this Agreement and that such
consideration has been received by each party.
2. Grnnt of F-~.m~nent T.ieen~e for g10i~ nnd Grndi~. City hereby
grants to Pacific a non-exclusive easement to grade a portion of City Property and to construct
certain slopes thereon as generally described and depicted on Exhibit C., Description of
Grading and Slope Construction on City P~tol~aty, at its sole cost and expense for the benefit
of the Pacific Property and subject to the terms of this Agreement ('Slopes'). City hereby
also grants to Pacific a license to enter upon City Property for the purpose of grading and
constructing said slopes, subject to the terms of this Agreement. Upon final acceptance of the
slopes by the City Council as provided in this Agreement, City shah maintain the slopes in
accordance with the provisions of Exhibit C. at its sole cost and expense.
3. Grant nf Lir~n.~- for ~on~lT-efinn og Dr~in~ Fneility. City hereby
grants to Pacific a license to enter upon City Property for the purpose of constructing a
drainage facility over, under and through a portion of City Property as genentlly described and
depicted on Exhibit D., Description of Construction of Drainage Facility on City P~ol~rty,
subject to the terms of this Agreement ('Drainage Facility').
4. ]~,~nntion of NTml)rovPment'~.N The siopes and drainage facility to
be constructed on the City Property and the regrading of the City Property as desoribed in
Sections 2. and 3 and Exhibits C. and D. of this Agreement may be referred to collectively as
the "Improvements."
$. ~ of Tnll}rovPment~. Pacific shall, at its sole cost and expense,
design the Improvements and prepare plans and speci~ons for construction in accordance
with the standards of the City, Riverside County Flood Control and Water Conservation
District and such other governmental entities as may have jurisdiclion with respect to the
design of the Improvements as well as generally accepted engineering standards and practices
u 't~v2xi by engineers engaged in designing similar improvements in the area. Pacific shall
submit the plans and specifications for the Improvements to the Director of Public Works, or
his/her designee, for approval prior to the commencement of work on the Improvements.
6. Cnmm~ne~n~nt nf Worb on Inq}rov~m~nt~. Pacific shah commence
work on the Improvements on or before November 1, 1997 and shah diligently proceed with
the work until completed. The Improvements shall be completed on or before February 1,
1998. Pacific understands, acknowledges and agrees that commencement of work on the
Improvements by this date is crucial to the City's work in constructing the improvements to
Winchester Creek Park which will be constructed on City Property and if the work on the
Improvements does not commence by the commencement date, City will need to proceed with
its work on Winchester Creek Park and will not be able to allow Pacific to use the City
Property as contemplated by this Agreement. Accordingly, in the event Pac/fic does not
commence work on the Improvements on or before November 1, 1997, City may terminate
this Agreement and the easement and license granted herein.
7. P~rformnne~ ~,nd Pqy~nt ~q~.ri~ for 1niprove,merits. Pacific shall
at all times guarantee Pacific's perfonnnnce of this Agreement by furnishing to City, and
maintaining, good and sufficient security through either a cash deposit or a letter of credit on
forms approved by City Attorney for the purposes and in the amounts as follows:
a. To assure faithful performance of this Agreement in regard to the
Improvements in an amount of one hundred percent (100%) of the es,imnted cost of the
Improvements; and
b. To secure payment to any contractor, subcontractor, persons
renting equipment, or furnishing labor materials for the Improvements required to be
constructed .or installed pursuant to this Agreement in the additional amount of fifty
percent (50~) of the 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 ~ce thereof by City against any
defective work or labor done or defective maledab furnished in the additional amount
of ten percent (10~) of the estimnte~ cost of the Improvements.
d. The performance and labor and n~terin! securities shall be
released upon the final acceptance of the Improvements by the City Council and the
no claims on the security have been made or threatened.
ln.ql~etion ~nd Aeee, i}tnnee of lnlprovm~e. nt~. City shall inspect ~nd
accept the Improvements in accordance with the following procedures:
a. Pacific shall obtain City inspections of the Improvements and the
inspections by Riverside County Nlood Control and Water Conservation District on the
Drainage Facility and such other governmental entities as may have jurisdiction
concerning the Improvements in accordance with the City standards referenced as part
of the approval of the plans and spedficafions. Upon completion of the Improvements,
Pac/fic shall request a final inspection by the Director of Public Works, or his or her
designee. If the Director of Public Works or his or her designee, determines that the
work has been completed in accordance with this Agreement avA approval of final
inspection has been made by the Riverside County Flood Control and Water
Conservation District on the Drainage Facility, then the Director of Public Works shall
notify Pacific that the Improvements are complete.
b. Pacific shall continue to maintain the slopes and the erosion
control measures required by the City slandards for a period of ninety (90) days after
the Director of Public Works has notified Pacific that the Improvements are complete,
or when the City commences with grading improvements to the slope area, whichever
comes first.
c. The City Council shall accept the Slope and Grading
Improvements upon finding that the maintenance period has expired, and all aspects of
the work have been inspected and determined to have been completed in accordance
with the Improvement Plans and City standards. The City Council shall accept the
Drainage Facility upon finding that all aspects of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and City
standards. Such acceptance shall not constitute a waiver of defects by City. Upon
acceptance by the City Council, all Improvemeats on the City Property shall become
the propoty of the City.
d. City shall bear all costa of plan check, permits, inspection and
certification. of the Improvements of four thousand dollars ($4000.00) or less. Pacific
shall bear all costs of inspection and certification of the Improvements in excess of four
thousand dollars ($4,000.00).
9. lnlprov~,men~ Wnrr~nty Period. Pacific shall guarantee the work
done pursuant to this Agreement for a period of one year after final acceptance by the City
Council of the work against any defective work or labor done or defective materials furnished.
If within the warranty period any work or part of any work done, furnished, installed,
constructed or caused to be done, furnished, installed or constructed by Pacific for the
Improvements fails to fulfill any of the requirements of this Agreement or the Improvement
Plans and specifications referred to herein, Pacific shall without dehy and without any cost to
City, repair or replace or reconsuuct any defective or otherwise unsatisfactory part or parts of
the work or sUucture. Should Pacific fail to act promptly or in accordance with this
requirement, Pacific hereby authorizes City, at City's option, to perform the work twenty (20)
days after mailing written notice to Pacific and agrees to pay the cost of such work by City.
Should City determine that an urgency requires repairs or replacements to be made before
Pacific can be notified, City may, in its sole discretion, make the necessary repairs or
replacements or perform the necessary work and Pacific shall pay to City the cost of such
repairs.
11. R~'~londbi!ity for Dnmq~,e to CP~ PrQi)ert~y. Pacific shah not alter or
damage City's properS, except for those arens to be affected by-the use permitted by this
Agreement, and then only to the extent that such alteration or damage is reasonably neces~ry
to accomplish the permitted uses. Pacific shall return any propoty of City altered or damaged
by Pacific to the same or better condition as existed prior to the entrance of Pacific thereon,
subject to final approval of the Director of Public Works.
12. R,,sponsihillty for Ohtninlng PermitS; C. ompllnnee with
Pacific shall have the sole responsibility for obtaining any and all permits from any and all
regulatory agencies having jurisdiction which may be nece~,ary, before commencement and
during the existence of any of Pacific's activities, or the activities of Pacific's contractors on
City's propoty. Pacific shall perform its obligation under this Agreement in accordance with
all applicable federal, state, and local laws, regulations and ordinances.
13. Proh~ition of !.ien~ on Cit~v Prol~rty. Pacific expressly
acknowledges that nothing in this Agreement shall authorize Pacific, or any person dealing
with, through or under Pacific to subject any the City Pfopc~ty to mechanic's liens, stop
notices or other liens. Pacific agrees to indemnify, hold harmless and defend City from any
claim, liability, loss, damage, cost or expense, including attorneys' fees, which City may incur
or which may be asserted by reason of any entry or work on or in relation to City's property
through or under Pacific. Pacific agrees not to permit or suffer and, to the extent permitted or
suffexed, cause to be removed and telcased, any Inecharti¢'$ liell, matei'ial~'$ or other liefi
on account of supplies, machinery, tools, equipment, labor or materials furnished or used in
connection with the entry or work upon or in relation to City's ~. Pacific hereby
agrees to furnish to each and all of its agents and contractors who are to enter upon City's
property pursuant to this Agreement with a copy hereof.
14. Ind,mlnifleation. Pacific shall defend, indemnify, protect and hold free
and harmless the City, its officers, agents, and employees from any and all obligations,
claims, liability, liens, damages, demands, costs or causes of action whatsoever in any way
due to or arising out of entrance upon or use of City Property, or the conduct of activities
thereof by Pacific, its agents, servants, contractors, employees and invitees, whether
meritorious or not.
15. ln~nrnne~. Pacific shall procure and maintain for the duration of the
easements granted pursuant to this Agreement, insurance against claims for injuries to persons
or damages to propeaty which may arise from or in connection with the performance of the
work hereunder by the Pacific, its agents, representatives, or employees.
broad as:
Minimnm ~clal~e of ~n~nmn~e. Coverage shall be at least as
(1) Insurance Services Office Commercial General Liability
corexage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
be
Minimnm !.imi~ of ln~nrnnee. Pacific shall maintain lintits no
(1) General Liability: $2,000,000 per occurrence for bodily
injury, personal injury and propc, ty damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily
injury and property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily
injury or disease.
C. rJ~netlh]es nnd Relf-lnm~r~! R~.t~tlon.s. Any deductibles or
self-insured retentions must be declared to and approved by the City Manager. At the
option of the City Manager, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Pacific shall procure a bond guaran2ming payment of
losses and related investigations, claim admires' tration and defense expenses.
d. Other Insnrnnce Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to conlain, the following provisions:
(1) The City, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Pacific; products and completed operations of
the Pacific; premises owned, occupied or used by the Pacific; or automobiles
owned, leased, hired or borrowed by the Pacific. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers,
officials, employees or volunteers.
(2) For any claims related to this project, the Pacific's
insurance coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shah be
excess of the Pacific's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions
of the policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(4) The Pacific's insurance shah apply separately to each
insured against whom claim is made or suit is brought, except with respect to
the limits of the insurcr's liability.
($) F. ach insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided, cancelled by
written notice by certified mail, return receipt requested, has been given to the
e. Acceptability of lnm,rers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to
the City.
Verifi~tion of Coverage. Pacific shall furnish the City with
o 'nginal endorsements effecting coverage required by this clause. The endorsements
arc to be signed by a person authorized by that insurer to bind coverage on its behalf.
The endorsements are to be on forms provided by the City. All endorsements are to be
received and approved by the City before work commences. As an alternative to the
City's forms, the Pacific's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by
these specifications.
16. R~lort~ ona lnform.fion Ahont OiLy PrQl~rty. Copies of any and
all written information and reports relating to City's propcat~ produced as a result of Pacific's
exercise of the rights herein granted, shall be furnished to City as soon as available.
17. 1 ~nlt*fion of ITse of City Property. Pacific's activities on the City
Propct~ shah be limited to the purposes set in this Agreement and Pacific shall strictly limit
its activities to the City P~opoty to such purposes. Pacific shah ta~ the necessary actions to
assure that the unauthorized entrance to or use of City Property by anyone other than Pacific,
its employees, invitees, guests, contractors and their employees does not occur. Pacific, shall
at all times keep all gates to City Property closed and secured, except for necessary entry to
perform operations in accordance with the terms of this Agtcemont.
18. l~ln~s.don~ g,hs+nne~. Pacific agrees that Pacific, its employees,
agents, servants, contractors and invitees shall not discharge hn~rdotm or tozic substances on
City Property, shall not engage in clean-up or repair activities on City P~ot, c, ty, which will
result in the discharge of such substances, and shaH, upon completion of all of Pacific's
activities, remove all supplies, materials and waste remaining on City l~opo ty which, ff
exposed, could result in the discharge of such substances.
19. Cnn~!Ione~ with City'Rnlp~ for l~se nf Ciqy Prollerty. Pacific's use
of City fTOl~ty pursuant to this Agreement shah be subject to reasonable rules and regulations
as may be prescribed by City's representative, including, but not limited'to, such matters as
location and storage and disposal of equipment and materials, and protection of property,
structures and other things of value.
20. Mnintennnee R~mn~ihillti~. Pacific shall, during the term of this
Agreement, have the obli~._~afion to maintain the City Prope~ in a clean, neat and orderly
condition and shall comply with all local governmental maintenance requirements.
11. I ~! Rc, medi~. Each party shall have all remedies as may be allowed
by hw or equity to enforce its rights in this Agreement. No legal action shall be filed by one
party against the other party until such time as the other party has received not less than thirty
(30) days prior written notice of the default which reasonably explains the nature of the
default. Any such action shall be filed in Riverside County, California. The prevailing party
in a court action shall be entitled to reasonable attorney's fees and costs.
22. Noti've. Any notices which either party may desire to give to the other
party under this Agreement mu~t be in writing and may be given either by (i) Im'sonal 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 (fii) mailing inthe
United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may later designate
by Notice:
To City:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Pacific:
Pacific Cenu~ Homes
40925 County Center Drive, Suite 110
Temecula, California 92591
23. For~, M~je-re. Changes in local, state or federal laws or regulations,
floods, earthquaY, delays due to milces or other labor problems, moratoria enacted by any
other governmental entity or agency, injunctions issued by any court of competent jurisdiction,
the inability to obtain materlnls, civil commotion, fire, intrag~intlc invasion, acts of God, or
other circumstances which substantially interferes with the consUucfion of the Improvements
or which substantially interferes with the ability of any of the parties to perform its obligations
under this Agreement shall collectively be referred to as 'Events of Force Majeure.' If any
party to this Agreement is prevented by an Event or Events of Force Majeure from performing
its obligation under this Agreement, then on condition that the party claiming the benefit of
said Event(s) of Force Majeure (a) did not cause said Event(s) and (b) said Event(s) was
beyond said party's reasonable control, the time for performance by said party of its
obligations under this Agreement shall be extended by a number of days equal to the number
of days that said Event(s) of Force Majeure continued in effect, or by the number of days it
takes to repair or restore the damage caused by said Event(s) to the con&tion which existed
prior to the occupance of said Event(s), which ever is longer. The party claiming the benefit
of an Event of Force Majeure shall notify the other party of the existance of the Event of
Force Majeure and the estimated time of claimed as a result of such event withing ten (10)
days following the event.
24. A~g~m'-nt Prohibitca. Pacific shall not assign its obligations under
this Agreement, nor any part thereof, without prior written consent of the City.
2~. C-ovennn~ Rnnni~ With !~nd. Of the ~ovenants which have been
established pursuant to this Agreement, the same shall be deemed to be covenants running with
the land for the benefit of both the City P~o~ty and the Pacific P~ol~ty, and shall be binding
upon the successors and assigns of the parties hereto.
26. Inv -~tion of Condition~ of City Pro~rty. Pacific ~B ~d
~n~ m ~e ~ ~t it ~ ~y ~v~fi~ ~ s~ ~ subs~ ~fi~s of ~
Ci~ ~ ~d ~ ~ ~ ~~ ~ ~nd~ such g~c ~d ~s ~ ~ it ~
n~ m d~ ~e Im~cm~ ~d ~c ~um~ ~ ~n~b~W for ~mpl~g
~ ~pmvemm~ ~ ~ ~mt ~~ s~ or subs~ ~fi~ m ~ ~~.
27. C. on~'-'nt of g. ntiti~ with ~gecnrity lntert~_. Pacific watTants and
represents to City that the entities described on Exhibit E., if any, hold an interest or security
interest in the Pacific P~opfaty which has been recorded prior to this Agreement and that each
such entity has executed a consent to _this Agreement which is attached hereto.
28. l~hth#,. The following exhibits are attached to this Agreement and
incorporated herein as though set forth in full:
a. Exhibit A. Legal Description of City Property
b. Exhibit B. Legal Description of Pacific Property
c. Exhibit C.
Description of Grading and Slope Construction on
City Pmper~
d. Exhibit D.
Description of Construction of Drainage Facility
on City Pmpet~
e. Exhibit E.
Entities Holding a Security Interest in Pacific
Propexty and Copies of Consent to this Agreement
29. Amenament. No provision of this Agreement may be mended or
added to except by an agreement in writing.
////
IIII
IN W1TNESS WHEREOF, the parties hereto have executed this Agreement ns
of the date first written above.
CITY OF ~
Pauicia ~
Mayor
ATTEST:
JuneS. Greek
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
PACIFIC CENTURY HOMES, INC., a
California Corporation
Title:
By:
Name:
ALL-PURPOSE ACI(NO~~
State of California
County of
,1997, before me,
, personany
[]
[]
p~sonally 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 heYshe/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the insU'umem the person(s), or the entity upon behalf of which the
person(s) ~, e~ecuted the instrument.
Witness my hand and official seal.
SIONATUI~ OF NOTARY
[]
[]
U~/DrvUDU~S)
orrI~(s) ~S]):
CAPACITY CLAIl~
BY SlGNNJ~
[]
[]
[]
[1
[1
PARTNER(S)
ATTORNEY-IN-FACT
TaUS~'u<S)
~ERSON~YOR
SIGNER IS REPRF~ENTING:
EXHIBIT A
LF_~AL DESCRIPTION OF CITY PROPERTY
.08/0S/B7
TOE 15:29 FAX 909 274 3630
FATCO-It ESCROW
I.£nA!. I'J ir_rd~..,.R I lyrj t"),J~
PARKSITE LOCATION
F,~IIIRIT 'A"
THAT CERTAIN PARCEL OF lAND SITUATED IN 11'1E CITY OF TEMECULA,
COUNTY. OF RIVE]L~IDE, STATE OF CALIFORNIA, $EING A PORTION OF LOT
~,TOG~"[HER WITH THOng I'ORTION~ OF VACATED DATE ~TREE. CHERRY
STREET. AND JOHN JAY AVENUE ADJOINING SAID LOT), ALL AS SHOWN BY
MAP OF THE TEMECULA L AND AND WATER COMPANY ON FILE IN BOOK,
PAGE 339 OF MAPS. RECORDS OF SAN DIE,,~O COUNTY, CAUPO~NIA;
EXCEPTING THAT POII, TION i.YIHG SOUTLIWF. S'TERLY OF THE
NORTHEASTERLY ONE O~ MARGARITA ROAD ( I J0 FEET WIDE).
B~NG MOIRE PARTICULARLY DF._qCRUIED AS
A~NG ~E~E~LV UNR~ SAID LOT S~H ~31 ~ 4~.~
F~ ~ ~E ~E~V U~E ~ MARGARITA ROAD (I 10 ~ WIDEI:
TH~CE ~THW~LY ALO~ ~ID N~~LY ONE OF
MARGARITA ROAD ~RTH 42"~'~' W~iN~TH
D~I~RA~N ~ D~A~OH, RECORdeD JULY 3, 19?4 AS INSTRUM~ NO.
I]31T OF C~AI. ;:EC~D$ OF RIV~SIDE COUNTY). 3~. I ] FE~: THENCE.
L~NG SAID NORtheRLY LINE OF MARGARITA ROAD. A~G A LINE
PARAL~ 'Wl~ THE S~TH~LY UNE OF ~ID
~$T 503.12 F~ ~ T~ NOR~ERLY I.I~E ~ SAID LOT I~; THENCE
ALOK~ ~AID I.~ IJNE SO~ 41 ~'N' EA~ ~.07 F~ TO THE ~NT OF
SAID PORTION CONTAINS AN AREA OF 196,014.92 SQUARE FEET (4..~ ACRES).
PORTIONS OF JOHN JAY AVENUE AND CHERRY STRF_ffr WERE VACATED
llY THE RIVERSIDE COUNTY BOARD GF SUPERVISORS DY RESOLUTION NO.
74-3~3 RECOIU)F.D AS INSTRUMF. NT hq:). 411. RECORDED JANUARY 2. I975.
Ih~=I.UDING THOSE PORTIONS WITHIN '11~F. SL:I)JECT PARCEL. 1~115
ACTI(~I ALSO RFL~I~VED AN I;.AS!~I£NT IN EACH OF THF. VACATED
R~AU$ Iq:)R ANY IL~CISTINO PUfiI.IC UTII.ITY OR PUBLIC SERVICE
FACILITY,
BASIS Oi: Ii~ARIN(;S: LOT LINF.~ AS SHOWN ON TRACT MAP NO. 2.1.1611 AS FILED
IN ~OOK 21S OF MAPS. AT PGS I.$ INCL., AKD CENTERUlIE OF MARGARITA
ROAD A~ $1lOWN ON RECORD t'H: ~;URVI{V FILED IN ir~OK tO0 OF RECORDS OF
SURVEY, AT ~ g-12 INCl.,, II()TH RI;COR~F.'O I.~ THF. OFFICE OF~'HF. COUNTY
('l(l~,Pa LI;/,aAI.S PAkKtl'rfr. F:.%A
N
,!
,08/05/97 TUE 15:30 F,I~ 909 274 $630
FATCO-R ESCROW
LEGAL DF~CI~IPTI~.~
PARI~ITE '..OCA'rlo.x
.
'5'
r
EXHIBIT B
LEGAL DESCRIFFION OF PACIFIC PROPERTY
~TT B
TRACT NO. 23246-1
PROP~RT~ nESCRIPTIOH
Parcel 1:
That potdon of Lot 179 of the Murdem ~on of the T~ ~, as shown by
Map of the Temec-ula Land and Water Company on file in Book 8, Page 359 of Maps,
desoribed as follows:
BEGINNING at a point on a Ibm parallel to snd d'mlant 660.00 fee{
dista~ Southwesterly idong s~Jd parallel line, I~O.00 feet Irom its intemec, tion with the
centedine of Hamilton Avenue;
THENCE Nor~ along a line pamllermg the centerline of Hamilton Avenue to
THENC~ Northo~te, ly along 1tin oenterlirm of Date Street., 330.00 feel to n point;
the POINT OF BEGINNING;
TOQE'I14ER WITH a porlk3n of Lot 179 of 1he Muniela portion of the Teme~ula
Rancho as shown by Map of the Temec'ula Land and Water C.,ompa~ on Me in Book
8, Page 359 of Maps, Recorc~ of San Diego County, Califom~ with 1hose portions of
Hamilton Avenue and Dale b"Ireet described a~ follows:
BEGINNING at the int~ of the cent~ine of Hamilton Avenue with the
oemadkm of Date Stmet as shown on said map;
THENC~ ,.qocdJ~ ;,~ t mtv on the oentedine of Hamiltrm Avenue, eeo. oo ~
~ oeme,&m ol Dam Stree~
BEGINNING;
EXCEPTING that i:.:xtion of Lot 179 of the MunMta portion of the Temecula Rancho
of Main, Recordsof,SanDiego Coumy, wie, taraore of
BEGINNING at the intersection of the canterline of Hamilton Averse with the centerline
of Date Strem as shown on said Map;
THENCE South 47" 52' 01" West along Ihe centerline of Date Slreet, a d~ of 643.33
THENCE SQUTI-i 42' 07' 69' East, a distance of 317.86 fee~ to the beginning of & tange~
THENCE Southeaster/along said curve through a ~za] angle of 20~ 38' 44', an arc
THENCE North 2-~ 13' 17" East, a distance of 79.78 ~ ~ the beginning of a tangent
curve (x)ncave Soulfmeste~y, having a radius of 1000.00 feel;
THENCE Norlheaste~ along said curve Ihrough a central angle of 20· 59' 55', an arc
~HENCE North 48' 13' 11' East, a dista~ of 121.34 feet to a point on the cente~e of
Hamilton Avemm;
THENCE Norlh 42' 01' 22' West along ~e centerline of Hamillz)n Aver~ue, a distance of
640.27 fee~ to Ihe TRUE POINT OF BEGINNING.
Parcel
That potion of Lot 179 of the Mu~ieta portion of ~ Temecula Rancho, as shown by
Map of the Temecula Land and Water Compar~ on ~le in Book 8, Page 359 of Maps,
Records of San Diego County, California, together wilh those potlions of John Jay
Avenue and Date Stme~ deec~ed as'a whole as follows:
BEGINNING at a point on a line pamJlel with and distartt 660.00 feet Northwest~ from
lhe centali~ of Cheny ~ as shown by said map, said point of beginning being
distant Soulfa~m~erly on said line, 990.00 feet from its interse~on with Ihe cereerline of
Hamiltc~n Avenue;
,John Jay Avenu~
THENCE No~esta~y, o~ the centerline of John Jay Avenue, to its Interaction with
cerm~.~e of Date S~e~
Avenue;
THENCE ~xjI)'~dy, on a line parallel with the ~ine of Hamilton Averrue, to
POINT OF BEGINNING.
Parcel $:.
That ~ of Lot 179 of the Munieta portion of the Temec'ule Rancho, as shown by
Map of the Temec~Jla I. end and Water Company on tile in Book 8, Page 359 of Maps,
Records of San Diego Co~,/, California, togelher with that portion of Chain/Street
described a~ a whole as follows:
2
BEGINNING m a point on the .centerline o! Oheny ~ 8~.00 feet 8outhwestedy from
its intmsection wi~ the centedine of Hm'naton Avenue:
THENOE No~avame~, parallel with the cen~edine of Hamilton Avenue, 0~.00 ~,.~,
THENOE ~3utheastedy, parallel ~ ~ canOedine of Hamilton Avenue, ISIS0.00 ._~*~ to
ttm (x. ~x~li~e of Chgrry ~re~t;
BE~NNING.
Pamel 4;
That periion of Lot 179 of the Mun~ portion of lhe Temecula Rancho, as shown by
Map ofthe Temec=Jla Land and Water Company on ae in Book 8, Page a59 of Maps,
Rec:c~ls of ~ Diego County, Galilon'~a, together ~ that portion of Cheny .~Ireet
descal;md as & whole as foltow~.
I lemilton Avenue;, .-
THENCE Nonhwos~ly along a line paralleling the eenmdine of Hamilton Avenue 080.00
feet to a point;
THENCE ~Southwe~tedy along a line pamJl~g the centerline of Cherry b"~e-eet 330.00 feet
to a point;
THENCE Southeastedy elong a line paralleling thn cerRmline of HamEton Avenue 6~0.00
feet to a point in the centerline of Cheny Street;
BEGINNING;
BEGINNING at the ka'el'l~'tJo~ o{ h'm oenterlines of Job1 Jay Avenue and Ca'laiTy b'U'eet
as shown by aaid Map;
im Ihe TRUE POINT OF BEGINNING;
fern to a point;
to a potnt;
THENCE ,.~outheastedy along a line paralleling the centm4ine of John Jay Avenue 660.00
to the POINT OF BEGINNING.
3
panel 5:
Avenue;
THENCE Nmttw,,estedy aJong a line paralleling the centerline of Hamilton Avenue 330.00
feet to a point;
THENCE Souttwvestmly along n line paralleling the ca~te.iine of Cheny Street to a point
THENCE Southeasterly on the centerline of John Jay Avenue 330.00 feet to its
intemec'tion with the centerline of C31mly Street, to Itm POINT OF BEGINNING.
Parcel 6:
· That portion of Lot 179 end John Jay Avenue of .the Munleta portion of the T~
8, Page 359 of Maps, Records of San Diego County, California, described as Ioilows:
BEGINNING at a point on a line parallel with and 660.00 feet Northwest of Ihe centerline
of Cheny Street, as shown on said Map, said point of beginning being Soueaeestedy on
said parallel ~e 990.00 feet from Its imersection with the centerline of Hamilton Avenue;
THENCE Soultr, vestedy, parallel with the centerline of Cheny Street, to the centerline of
John Jay Avenue;
THENCE Sotatmastedy, on Itm centerline of John Jay Avenue, 330.00 feet;
THENCE Noremaea~, paraael with the centerane of Chem/Stree~ :~30.oo ~
BEGINNING.
Pamel ?:
a whole as follows.
BEGINNING at st point in the cergedh'm of Cherry b"treet distant Southwesterly thereon
330.00 feet from its intemee6~ wfth the*centana of Hamilton Avenue;
THENCE Nmlhwe~afy along a line paranel with the centerline of Hamilton Avenue, a
by document recorded Ootol:mr Z, lg30, in Book 877, Page 25g of Deeds, Records of
4
18. 1928, in Book 7b'7, Page 372 of Deeds, Recxxds of Riverside County, Cal~n'~
THENCE Soulhea~tady INmallel ~ the centMline of H~ Avenue, a distartce of
THENCE No~fte~y along the c~,lerlirte of Cheery ~treet, a distance of 330.00 feet,
more or less. to the POINT OF BEGINNING.
BEGINNING at the c;, ~xli,,e Intersection of Hami!l~ Avenue and Cherry Stre~
shown on said Map of the Temecula Land and Water Company on file in Book 8, Page
359 of Maps, Reoorcls of San Diego County. Celilomia;
THENCE South 48' 13' 06' West along the ce~.etline of said Cherry Street, a distance
THENCE leaving said centerline North 39' 33' 24' West, a distance of 55.51 feel: to
beginning ol a tangeM curve com:~e Southe~/having a radius of 580.00 feel:;
THENCE Norlhwo~t~mty along the arc of said curve through a central angle of 03' 48' 55'
THENCE North 43"22' 1~ West, a distance of 10.E0 feet;
THENCE North 02' 25' 24' F. eat, a dlatartoe of 21.51 fee~
THENCE North 48' 13' 06' East, a distance o~ 48.11 feel:to the beginning of a tangent
curve concave Weeterly having a radius of 330..00 fee~;
THENCE Norlheest~ ~ the arc of said curve through a central angle of 04* 30' 29'
THENCE North 48" 17' 23" West, a distance of 6(100 feet to lhe beginning of a curve
THENCE Sout~ along the am of said curve through a cerarai angle of 04' 30' 29",
& distance of 21.24 feet;
THENCE South 48' 13' 06' West, a distance of 46.61 feet:
THENCE North 85' 32' 47' Weat, a distance of 20.23 ~
'[HENCE Nodh 43" 22' 19' West, a elislance of 83.96 feet to the beginning of a tartgent -
THENCE I~ along lhe arc of said ct.ne through a ~ angle of 19, 24' 24.
THENCE North 62' 46' 43" West, a distance of 88.08 feet;
THENCE North 17'46' 43" WMt, a distance of 19.80 feet;
THENCE North 2'~ 13' 17' East, a dislance of 32.81 fee~ tm the beginning of a tangent
5
~]T ]1
~, by Deed recorded May 29, 1996, as Insbument No. 197410, Records of
Riverside County, CaFdmr~
a California Corporation, by Dead recorded May 29, 1996, as Inslrument No. 197410,
Records of Riverside County CaJifornia, desc~bed as follows.
BEGINNING at the intemeclion of ~ cent~ine of I-lam~ton Avenue with the centerline
of Date Strast as show~ on said map;
THENCE ~)uth 47' 52' 01' West along the centerline of Date ~reet, a distance of 643,33
THENCE South 42* 07' 59" Eas~ a dL~tance of 317.86 feet to the beginning of a tangent
curve concave Northeaste~ having a radius of 1000.00 leer;
THENCE Southeasterly along said curve through a central angle of 20' 3~' 44", an arc
THENCE Soultt 62' 46' 43' East, a distance of 65.62 feet;
THENCE Nollh 27' 13' 17' East, a distance of 79.78 feet to the beginning of a tangent
curve concave Soulhasst~ly, having a radius of 1000.00 feet;
THENCE Nortl~erly along aaid curve through & central angle of 20' 59' 55', an arc
distance of 366.49 feel;
THENCE N(xlh 48" 13' 11' East, a distance of 121.34 feet to a point on lhe c~ ~te, li,,e of
Harm~ Avenue;
THENCE North 42' 01' 22' West, along the centerline of Hamilton Avenue, a distance of
640.27 feet to the POINT OF BEGINNING.
6
EXHIBIT C
DESCRIPTION OF GRADING AND SLOPE
CONSTRUCTION ON CITY PROPERTY
EXHIB1T C
The Pacific grading win extend approximately 150 feet west along the easterly portion of the City
property. Grading will co~_~i~ of 2:l and 4:1 slope ratios to daylight and will be construction in
accordance to the govemin8 al~ency requirements.
EXHIBIT D
DESCRIFrION OF CONSTRUCTION OF DRAINAGE
FACILITY ON CITY PROPERTY
EXHIBIT D
Pacific will construct a storm drain line to convey flows ~om Tra~t 23246-1 to the existing
culvert on the City property just east of Margatita Road. The estimated storm drain size is 36"
and the pipe material is PVC specifically designed for storm drain use.
EN'~'I~'IES HOLDING A SECURITY INTEREST IN
PACIFIC PROPERTY AND COPIF.~ OF CONSENT TO
THIS AG~
(THIS EXHIBIT WILL BE FORWARDED UNDER SEPARATE COVER.)
REDEVELOPMENT AGENCY
ITEM
1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
HELD SEPTEMBER 23, 1997
A regular meeting of the City of Temecula Redevelopment Agency was called to order at
8:55 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
Chairperson Steven J. Ford presiding.
PRESENT: 5 AGENCY MEMBERS:
Birdsall, Lindemans, Roberts,
Stone, Ford
ABSENT: 0 AGENCY MEMBERS: None
Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and
City Clerk June S. Greek.
PUBLIC COMMFNTS
None given.
CONSFNT CA! I=NDAR
It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall to
approve Consent Calendar Items 1-3, with Agency Member Stone abstaining on Item No.
2. The motion was unanimously carried.
1 Minutes
1.1 Approve the minutes of August 26, 1997.
1.2 Approve the minutes of September 9, 1997.
2 Non-Disturbance and Attornment Agreement with McDonalds Corporation
(Temecula Shuttle - Sixth and Front Streets)
2.1 Approve the Non-Disturbance and Attornment Agreement by and between
the Redevelopment Agency and McDonalds Corporation in substantially the
form attached to this Report.
2.2 Authorize the City Clerk to record the agreement.
Agency Member Stone abstained.
Minutes.rda~092397 -1-
Aoproval of Amendment No. 1 to the "Coooerative Agreement between the Citv of
Temecula and the Redevelooment Agency of the City of Temecula for Construction
and Funding of Winchester Road at Interstate 15. Bridge Widening and Northbound
Ramp Improvements {Project No. PW94-~1)" dated February 11. 1997
3.1
Approve Amendment No. 1 to the 'Cooperative Agreement between the City
of Temecula and the Redevelopment Agency of the City of Temecula for
construction and funding of Winchester Road at Interchange 15, Bridge
Widening and Northbound Ramp Improvements (Project No. PW94-21)";
3.2
Authorize the Chairperson to execute Amendment No. 1 to the Cooperative.
Agreement on behalf of the RDA in substantially the form attached to the
Agenda Report;
3.3
Authorize the transfer of $120,712 from the Winchester Interchange Project
to the Southbound Exit Ramp Widening at 1-15/Winchester Road, Project No.
PW97-03, as well as authorize the expenditure for future project costs
incurred as approved by the City or Agency.
RFD!=VF! OPMI=NT DIRFCTOR'S R!::PORT
None given.
EXFCUTIVF DIRFCTOR'S RFPORT
None given.
AGFNCY MFMBFR'S RFPORTS
None given.
ADJOURNMFNT
It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall to
adjourn at 9:00 PM to a meeting on October 7, 1997, City Council Chambers, 43200
Business Park Drive, Temecula, California. The motion was unanimously carried.
ATTEST:
Steven J. Ford, Chairperson
June S. Greek, CMC/AAE
City Clerk/Agency Secretary
Minutes.rda\092397 -2-
ITEM
2
ITEM
25
ATTACHMENT NO. 1
RESOLUTION NO. 97-
PLANNING APPLICATION NO. PA97-0161
GENERAL PLAN AMENDMENT
R:kqTAFFRF~I~]I~A~?.CC 10~1~7 ~ 7
MEMORANDUM
TO:
Mayor and City Council
FROM:
Gary Thornhill, Community Development Director
DATE:
October 7, 1997
SUBJECT: City Council Agenda of October 7, 1997
Please find attached a revised Staff Report for Item 25 of the October 7, 1997 City Council
Agenda, including corrected Resolution and Ordinance.
I'm sorry if this has caused any inconvenience.
cad
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Community Development Director
October 7, 1997
Planning Application No. PA97-0160 (Amendment No.3 to Specific Plan No. 199)
Planning Application No. PA97-0161 (General Plan Amendment) Planning
Application NO. PA97-0204 (Amendment and Restatement of Development
Agreement for Specific Plan No. 199, Village 'A') - 'Temeku'
Prepared By: Carole Donahoe, Project Planner
RECOMMENDATION:
The Planning Commission recommends that the City Council:
MAKE a determination of consistency with a project for which an Environmental
Impact Report (EIR) was previously certified and findings that a subsequent EIR
is not required;
2. Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO, PA97-
0161 TO CHANGE THE GENERAL PLAN DESIGNATIONS FROM
LOW MEDIUM DENSITY RESIDENTIAL (3-6 DWELUNG UNITS PER
ACRE MAXIMUM) TO LOW DENSITY RESIDENTIAL (0.5-2
DWELLING UNITS PER ACRE MAXIMUM) WITHIN PLANNING
AREA 2; FROM NBGHBORHOOD COMMERCIAL TO MEDIUM
DENSITY RESIDENTIAL (7-12 DWELLING UNITS PER ACRE
MINIMUM) WITHIN PLANNING AREA 38; AND FROM MEDIUM
DENSITY RESIDENTIAL (7-12 DWELLING UNITS PER ACRE
MAXIMUM) TO LOW MEDIUM DENSITY RESIDENTIAL (3-6
DWELLING UNITS PER ACRE MAXIMUM) WITHIN PLANNING
AREA 40; ALL WITHIN SPECIFIC PLAN NO. 199 (MARGARITA
VILLAGE).
3. Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
w
e
TEMECULA APPROVING PLANNING APPUCATION NO. PA97-
0160 AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199,
REDUCING THE DWELLING UNITS FROM 4,047 TO 3,922 UNITS,
EUMINATING THE COMMERCIAL ACREAGE AT THE NORTHWEST
CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS
PARKWAY, ADDING AN APPROXIMATELY 12.5 ACRE PARK AT
THE SOUTHWEST CORNER OF LA SERENA AND MEADOWS
PARKWAY, AND REVISING ROADWAY CROSS-SECTIONS,
DESIGN GUIDELINES AND DEVELOPMENT STANDARDS, ALL
WITHIN VILLAGE 'A' .
Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CAUFORNIA, APPROVING PLANNING APPLICATION
NO. PA97-0160 AMENDING THE TEXT WITHIN SPECIFIC PLAN
NO. 199 TO REDUCE THE DWELLING UNITS FROM 4,047 TO
3,922 UNITS, TO ELIMINATE THE COMMERCIAL ACREAGE AT
THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND
MEADOWS PARKWAY, TO ADD AN APPROXIMATELY 12.5 ACRE
PARK AT THE SOUTHWEST CORNER OF LA SERENA AND
MEADOWS PARKWAY, AND TO REVISE ROADWAY CROSS-
SECTIONS, DESIGN GUIDELINES, AND DEVELOPMENT
STANDARDS, ALL WITHIN VILLAGE 'A'
Read by title only end introduce an ordinance entitled:
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN DEVELOPMENT
AGREEMENT ENTITLED 'AMENDMENT AND RESTATEMENT OF
DEVELOPMENT AGREEMENT, SPECIRC PLAN NO. 199, VILLAGE
A, PLANNING AREAS 33 TO 38, 40 TO 44 AND 46, PLANNING
APfiU~TION NO. PA97-0204 'MARGARITA VILLAGE,' TEMEKU
HILLS DEVELOPMENT PARTNERS, L.P. AND UDC HOMES, INC.'
Adopt a resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED
'AGREEMENT REGARDING TEMECULA RESIDENT GOLF
DISCOUNTS AND PARK AND RECREATION IMPACT FEE CREDITS'
FOR TEMEKU HILLS
BACKGROUND
~ener=l Plan =nd .~Decific P~n Amendments
The applicant has proposed Amendment No. 3 to Specific Plan No. 199 in order
to respond to the demand for family-oriented housing and community amenities
within the Temeku Hills development. Overall, the proposal seeks to reduce the
number of dwelling units allowed, eliminate the commercial uses at the northwest
corner of Rancho California Road and Meadows Parkway, increase lot sizes, add
an approximately 12.5 acre public park end update the design guidelines for
Village "A." The proposed General Plan Amendment reflects these land use and
density changes. Staff supports the proposed amendments because they enhance
the Specific Plan end the surrounding community.
neve!~0ment Agreement
The applicant proposes to amend and restate the Development Agreement (DA)
for that portion which covers Village 'A." The proposal updates the language of
the DA with respect to the Memorandum of Understanding approved by the City
Council on May 1, 1996. Additionally, adjustments are proposed reflecting the
dedication of the 12.5 acre public park at the southwest corner of La Serena Way
and Meadows Parkway. A copy of the proposed Development Agreement is
contained in Attachment 4A.
Resident ~re~n Fee Agreement
In addition to the DA, a separate resident green fee agreement for the Temeku
Hills Golf Course is also being proposed for Council consideration. The term of the
agreement is for four (4) years with automatic one year extensions if mutually
agre~ed to by both parties. The proposed agreement provides for reduced green
fees for Temecula residents during the following discount periods:
Winter Months (November through April)
Monday - Friday:
before 7:30 a.m.
10:00 a.m. to 12:30 p.m.
Weekends:
10:30 a.m. to 12:30 p.m.
R-mmer Months (May through October)
Monday - Friday
before 7:30 a.m.
11:00 a.m. to 1:30 p.m.
Weekends
11:00 a.m. to 1:30 p.m.
The proposed resident green fee discounts would reduce the green fees with a
cart from $35 a round to $30 per round during the week ($5.00 per round/21%
savings toward green fees) and from $49 a round with a cart to $42 per round
during the weekend ($7.00 per round/18% savings toward green fees). In
addition, the Temeku Hills Golf Course will still provide twilight rates of $25 per
round after 1:30 p.m. during week days and $35 per round during weekends.
Temeku Hills will also take reservations eight (8) days in advance for Temecula
residents, which is one day more than advanced reservations for non-residents (7
days). Therefore, Temecula residents will be ensured first priority for the
scheduled resident green fee discounts.
The resident green fee discounts will be offset dollar for dollar by providing credits
toward the parks and recreation component of the Development Agreement Fee.
The agreement provides McMillin with an annual credit of $123,543 toward the
Parks and Recreation component of the Development Agreement Fee. This credit
is 75% of the maximum credit allowable during the discount periods, which takes
into consideration potential non-resident play during these time frames as well as
inclement weather.
Even with the resident green fee agreement, McMillin is still required to construct
a fully developed 12.5 acre community park, which will completely satisfy the
Quimby requirement for this project. Further, the green fee credits will provide
Temecula residents with greater recreation opportunities.
C-orre~oonrlence
The Planning Commission received and considered a letter from the to Serena
Homeowners Association (LSHOA) dated September 5, 1997 (see Attachment 7).
Their concern was the size and amount of slope along the to Serena portion of the
Specific Plan. In response to this comment the Public Works Department staff
indicated that the grading was in conformance with approved plans, and that the
proposed amendment did not substantially affect these slopes.
The Planning Commission considered the project and three (3) tentative tract maps
on September 8 1997. The Commission unanimously approved Tentative Tract
Map Nos. 23371-Revissd, 28526 and 28482, and recommended approval of the
amendments to the General Plan, Specific Plan and Development Agreement by
a 5-0 vote.
FISCAL IMPACT
The approval of the amendments are not expected to significantly change the
fiscal impact of the Specific Plan No. 199 to the City.
ENVIRONMENTAL DETERMINATION
Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and
was certified by the Riverside County Board of Supervisors on August 26, 1986.
In conjunction with Amendment No. 2 to the Specific Plan, a number of additional
studies were undertaken to update and complement the original EIR. The
additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping
and update study, confirmed the validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was
performed for this project. Therefore, Staff prepared another Initial Environmental
Assessment to examine the question of whether any impacts, beyond those
analyzed in the previous EIR and subsequent studies, would result from the
proposed project, changes in circumstances, or from new information. In areas
where there was a potential change in circumstances, specifically traffic, noise,
and lighting, staff requested additional information from the applicant. Based
upon Staff's analysis, the project is consistent with the information contained in
the previously certified EIR. Due to the limited scope of the proposed changes to
the specific plan, there will be no effect beyond that which was reviewed in the
previous analysis.
Under Califomle Public Resources Code Section 21166 and Section 15162 of the
California Environmental Quality Act (CEQA) Guidelines, no additional EIR is
required unless additional impacts not previously considered, or substantial
increases in the severity of impacts, may result from: substantial changes in the
circumstances under which the project is undertaken which would require a major
revision in the EIR, or new information that could not have been known at the
time the EIR was prepared becomes available. None of these situations has
occurred; therefore, no further environmental analysis is required.
FINDINGS
P!~,,ming AI)plic=tln~t No. PA;t7-0161 In~,~a~,~
Planning Application No. PA97-0161 (General Plan Amendment) as
proposed is compatible with the health, safety and welfare of the
community.
The project is compatible with surrounding land uses. Ultimate
development of the site will be residential development in an area that is
comprised of a variety of residential neighborhoods.
The proposed project will not have an adverse effect on the community
because it remains consistent with the goals and policies of the adopted
General Plan.
R~qning Al~!bJ, tion No. PA97.01~1 (Am~mdm~mt Nn.~ t~ -~n pl~-t No. 19-~1!
Planning Application No. PA97-O160 (Amendment No. 3 to Specific Plan
No. 199) as proposed and conditioned is compatible with the health, safety
and welfare of the community.
Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan
No. 199) is consistent with the goals and policies of the City's adopted
General Plan.
The project is compatible with surrounding land uses. The project
proposes a reduction in the density and intensity of land uses. Ultimate
development will be residential development in an area that is comprised
of a variety of residential neighborhoods.
The proposal will not have an adverse effect on surrounding property
because it does not represent a significant change to the planned land use
of the site and is consistent with the overall concept of Specific Plan No.
199.
The amendment to Specific Plan No. 199 does not increase the impacts
associated with the development or the overall intensity of the
development as analyzed in Environmental Impact Report No. 202.
Pl~qning AEEIic,,~ion No. PA97-0~04 (Amendrn~t ~trl Rast~ernent of
neveloprn4mt Agr~ for -~emlfic P!Jq No. 199. VillqEe A!
1. The development to be carried out pursuant to the Development
Agreement is consistent with the General Plan.
The Development Agreement and the development to be carried out
hereunder complies with all other applicable requirements of State law,
City ordinances and Specific Plan No. 199.
Attachments:
1. City Council Resolution No. 97- (Planning Application No. PA97-0161,
General Plan Amendment) - Page 7
2. City Council Resolution No. 97- (planning Application No. PA97-0160,
Amendment No. 3 to Specific Plan No. 199) - Page 11
a. Exhibit A - Conditions of Approval - Page 15
b. Exhibit B- Amendment No. 3 Specific Plan text - Distributed under
separate cover- Page 16
3. City Council Ordinance No. 97- (planning Application No. PA97-0160,
Amendment No. 3 to Specific Plan No. 199) - Page 17
a. Exhibit A - Amendment No. 3 Zone Standards text - Distributed
under separate cover - Page 21
b. Exhibit B - Amendment No. 3 Summary of Changes text
Distributed under separate cover - Page 22
4. City Council Ordinance No. 97- (Planning Application No. PA97-0204,
Amendment and Restatement of the Development Agreement for Specific
Plan No. 199) - Page 23
a. Exhibit A - Development Agreement text - Page 27
5. City Council Resolution No. 97- (Temecula Resident Golf Discount
Agreement for Specific Plan No. 199) - Page 28
a. Exhibit A - Temecula Residential Golf Discount Agreement text -
Page 32
6. September 8, 1997 Planning Commission Staff Report - Page 33
7. Correspondence from the La Serena Homeowners Association dated
September 5, 1997 - Page 34
][t:wrAPl~.PT~I~PA97,CC 10/7/97 a aSVSS= 7
ATTACHMENT NO. 1
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TI~MECULA APPROVING PLANNING APPLICATION
NO. PA97-0161 TO CHANGE THE GENERAL PLAN
DESIGNATIONS FROM LOW Mi~IUM DENSITY
RESIDENTIAL (3..6 DWWI.L~NG UNITS PER ACRE
MAXIMUM) TO LOW DENSITY RESIDENTIAL (0.5-2
DWELLING UNITS PER ACRE MAXIMUM) WITHIN
PLANNING AREA 2; FROM NEIGHBORHOOD
DWELLING UNITS PER ACRE MINIMUM) WITHIN
PLANNING AI~EA 38; AND FROM M~DIUM DENSITY
RESIDENTIAL (7-12 DWF~LLING UNITS PER ACRE
MAXIMUM) TO LOW M!~IUM DENSITY RESIDENTIAL
(3-6 DWF~LLING UNITS PER ACRE MAXIMUM) WITHIN
PLAN~G AREA 40; ALL WITHIN SPECIFIC ~ NO.
199 (MARGARITA VILLAGE).
WHEREAS, Temeku gills Development Parreefs, L.P. fried Planning Application No.
PA97-0161 in accordance with the City of Temecula General Plan and Development Code;
WHI~AS, Planning Application No. PA97-0161 was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0161
on September 8, 1997, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or opposition;
WH]~,EAS, at the conclusion of the Coremism'on hearing, ~ Commission recommended
approval of Planning Application No. PA97-0161;
WHEREAS, the City Council conducted a public hearing pertaining to Planning
Application No. PA97-0161 on October 7, 1997, at which time interested persons had oppommity
to testify either in support or opposition to Planning Application No. PA97-0161;
WHIiIRF_d~, the City Council received a copy of the Commission proceedings and Staff
Report regarding Planning Application No. PA97-0161;
R:~TAFFRP~160PA97.CC 10/1/97 cd 8
NOW, TRI~!~ORE, ~ CITY COUNCIL OF ~ CITY OF ~ DOES
RF_.SOLV~, I)E~ ~ ORDER AS lOT.TOWS:
Section 1. FirtdJn~s.
A. TI~ City Council in appn:ndng the proposed General Plan Amendment, makes the
following findings, to wit:
1. Planning Application No. PA97-0161 (General Plan Amendment) as
proposed is compatible with the health, safety and welfare of the community.
2. The project is compatible with surrounding land uses. Ultimate
development of the site will be residential development in an area that is comprised of a variety
of residential neighborhoods.
3. The proposed project will not have an adverse effect on the community
because it remains consistent with the goals and policies of the adopted General Plan.
Section 2. F.r~vironment~l Complinr~ee. Environmental Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
Supervisors on August 26, 1986. In conjunction with Amendment No. 2 to the Specific Plan, a
number of additional studies were undertaken to update and complement the original EIR. The
additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update
study, confirmed the validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was performed for
this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the
question of whether any impacts, beyond those analyzed in the prewious EIR and subsequent
studies, would result from the proposed project, changes in circumstances, or from new
information. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, staff requested additional information from the applicant. Based upon Staff's
analysis, the project is consistent with the information contained in the previously certified ~IR.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162 of the
California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless
additional impacts not previously considered, or substantial increases in the severity of impacts,
may result from: substantial changes in the circumstances under which the project is undertaken
which would require a major revision in the ~IR, or new information that could not have been
known at the time the FIR was prepared becomes available. None of these situations has
occurred; therefore, no further environmental analysis is required.
Section 3. That the City of Temecula City Council hereby appwves Planning
Application No. PA97-0161 to change the General Plan designations on parcels totaling 82.4 acres
R:~STAFFRF~I60PA97.CC 10/1/97 cd 9
of land from Low Medium to Low Density Resident/n! within Planning Area 2, from
Neighborhood Commercial to Medium Density Residential within Phnning Area 38, and from
Medium to Low Medium Density Residen~l within Planning Are 40, all within Specific Plan No.
199 (Margarita Village).
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVI~ AND ADOPTED by the City Council of the City of Temecula
this 7th day of October, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
June S. Greek, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 97-._ was duly and reg,hrly adopted by the City Council of the City of Temecuh
at a regular meeting thereof, held on ~ 7th day of October, 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILlV~~:
COUNCIlMEMBERS:
COUNCILMEMBERS:
June S. Greek, CMC
City Clerk
R:~STAFFRPF~I60PA97.CC 10/1/97 cd 10
ATTACHMENT NO. 2
RESOLUTION 97-
AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199
R:~'FAFFRI~I60!'A~.CC 10/1/0'7 cd 11
A3'~'ACI-I]~NT NO. 2
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA97-0160 AMENDMENT NO. 3 TO SPECIFIC PLAN
NO. 199, I~k'T~UCING THE DWRLI.~NG UNITS FROM 4,047
TO 3,922 UNITS, ~LIMINATING THE COMM!~RCIAL
ACREAGE AT THE NORTHWEST CORNER OF RANCHO
CALIl~ORNIA ROAD AND MEADOWS PARKWAY, ADDING
AN APPROXIMATELY 12.5 ACRE PARK AT THE
SOUTHWEST CORNER OF LA SERENA AND MEADOWS
PARKWAY, AND REVISING ROADWAY CROSS--
SECTIONS, DESIGN GUID~LrNES AND DEVELOPMENT
STANDARDS, ALL WITHIN VILLAGE 'A'.
WH!~AS, Temeka Hills Development partners, L. P. filed Planning Application No.
PA97-0160 in accordance with the City of Temecuh General Plan and Development Code;
WHEREAS, Planning Application No. PA97-0160 was processed in the time and manner
prescribed by State and local hw;
WH]~_.A~, the Planning Commission considered Planning Application No. PA97-0160
on September 8, 1997, at a duly noticed public hearing as prescrib~ by law, at which time
interested persons had an opportunity to testify either in support or opposition;
WHERF_AS, at the conclusion of the Commission hearing, the Commission recommended
approval of Planning Application No. PA97-0160;
WHEREAS, the City Council conducted a public hearing pertaining to Phnning
Application No. PA97-0160 on October 7, 1997, at which time interested persons had opportunity
to testify either in support or opposition to Planning Application No. PA97-0160;
WHERF. AS, the City Council received a copy of the Commission proceedings and Staff
Report regarding Planning Application No. PA97-0160;
NOW, THEREFORE, ~ CITY COUNCIL OF THE CITY OF ~ DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findings.
The City Council in approving the proposed Specific Plan Amendment, makes the
following findings, to wit:.
R:~'rAFFRF~I60PA~'/.CC 10/l/F/~d 12
A. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan
No. 199) as'proposed and conditioned is compatible with the health, safety and welfare of the
community.
B. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan
No. 199) is consistent with the goals and policies of the City's adopted General Plan.
C. The project is compatible with surrounding land uses. The project proposes
a reduction in the density and intensity of land uses. Ultimate development will be residential
development in an area that is comprised of a variety of residential neighborhoods.
D. The proposal will not have an adverse effect on surrounding property
because it does not represent a significant change to the planned land use of the site and is
consistent with the overall concept of Specific Plan No. 199.
E. The amendment to Specific Plan No. 199 does not increase the impacts
associated with the development or the overall intensity of the development as analyzed in
Environmental Impact Report No. 202.
As conditioned pursuant to Section 3, Planning Application No. PA97-0160
as proposed, is compatible with the health, safety and welfare of the community.
Section 2. l=.nvironmen~! C'-onlplinnce. Environmental Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional
studies were und~ to update and complement the original EIR. The additional studies, a
geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the
validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was
performed for this project. Therefore, Slaff prepared another Initial Environmental Assessment
to examine the question of whether any impacts beyond those analyzed in the previous EIR and
subsequent studies would result from the proposed project, changes in circumstances, or new
information. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, staff reques~ additional informnfon from the applicant. Based upon Staff's
analysis, the project is consistent with the information contained in the previously certified EIR.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162
of the California Environmental Quality Act (CEQA) Guidelines, no additional E, IR is required
unless additional impacts not previously considered, or substantial increases in the severity of
impacts, may result from: substantial changes in the circumstances under which the project is
undertaken which would require a major revision in the EIR, or new information that could not
R:~S'FAFFRP'~I6(~A97.CC 10/1/97 ~l 'J 3
have been known at the time the EIR was prepared becomes available. None of these situations
has occurred; therefore, no further environmental analysis is required.
Section 3. Conditions. That the City of Temecula City Council hereby approves Planning
Application No. PA97-0160 Specific Plan Amendment No. 3 to Specific Plan No. 199 generally
located south of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of
Rancho California Road, within the Margarita Village Specific Plan, subject to Exhibit A,
attached hereto, and incorporated herein by this reference and made a part hereof.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASS~I), APPROVED AND ADOFIb'lB by the City Council of the City of Temecula
this 7th day of October, 1997.
ATI'EST:
Patricia H. Birdsall, Mayor
June S. Greek, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 97-._ was duly and regularly adopted by the Ci~ Council of the City of Temecula
at a regular meeting theax)f, held on the 7th day of October, 1997, by the following vote, to wit:
COUNCILMEMBEr:
NOES:
COUNCrL~MBERS:
COUNCILMEMBERS:
June $. Greek, CMC
City Clerk
a:~r,,a,pp, mal~,A97.cc i0om7 ~ 14
EXHIBIT A
CONDITIONS OF APPROVAL
PLANNING APPLICATION NO. PA97-0160
AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Revised September 8, 1997
Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199)
Project Description:
A reduction of dwelling units from 4,047 units to 3,922
units; a reduction of acreage proposed for commercial
development from 13.7 acres to 6.2 acres (eliminating the
commercial uses on 7.5 acres at the northwest corner of
Meadows Parkway and Rancho California Road) all with
Specific Plan No. 199 - Margarita Village
PLANNING DEPARTMENT
General Requirements
The developer/applicant shall indemnify, protect, defend, and hold harmless, the City
and any agency or instrumentality thereof, and/or any of its officers, employees and
agents from any and all claims, actions, or proceedings against the City, or any agency
or instrumentality thereof, or any of its officers, employees and agents, to attack, set
aside, void, annul, or seek monetary damages resulting from an approval of the City, or
any agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning Planning Application
No. PA97o0160 (Amendment No. 3 to Specific Plan No. 199) which action is brought
within the appropriate statute of limitations period and Public Resources Code, Division
13, Chapter 4 (Section 21000 et seQ., including but not by the way of limitations
Section 21152 and 21167). City shall promptly notify the developer/applicant of any
claim, action, or proceeding brought within this time period. City shall further cooperate
fully in the defense of the action. Should the City fail to either promptly notify or
cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any
of its officers, employees, or agents.
The applicant shall comply with all underlying conditions of approval for Specific Plan
No. 199 and its amendments unless superseded by these conditions of approval.
The text of Amendment No. 3 to Specific Plan. No. 199 shall conform with Exhibit A,
"Margarita Village Amendment No. 3 of Margarita Village Specific Plan No. 199," dated
August 1997, or as amended by these conditions.
The text of Amendment No. 3 to Specific Plan No. 199 Zone Standards shall conform
with Exhibit B, "Margarita Village Amendment #3 to Margarita Village SP Zone
Standards," dated August 1997, or as amended by these conditions.
5. Maintenance of common areas and slope areas shall be provided in accordance with
R:~STAFFRP~I60PA~7.COA 10/1/97 cd 1
Exhibit F - Maintenance Responsibility Exhibit.
o
No construction shall occur within Planning Area 42 of Specific Plan No. 199 without
the proponent first filing Development Plans for City review and approval, unless single
family detached homes are proposed on each of the fifteen (15) lots.
Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet
or wider.
Within Thirty (30) Days From the Second Reading of The Ordinance Approving the Amendment
8. The applicant shall submit the Amended Specific Plan text to the Planning Department.
TEMECULA COMMUNITY SERVICES DISTRICT
Community Services offers the following Conditions of Approval for the aforementioned
Specific Plan Amendment for Temeku Hills:
GENERAL REQUIREMENTS:
The park land dedication requirement (Quimby) for the Temeku Hills Development shall
be satisfied with the development and dedication of an approximately 12.5 acre
community park located within Planning Area 44.
(Amended by the Planning Commission, September 8, 1997)
10.
The design of the community park in Planning Area 44 shall be in conformance with the
conceptual design identified within the Specific Plan. The actual park size shall be
determined upon submittal of the subdivision maps for the area.
11.
Ballfield lighting shall be provided at the Community Park to allow for night use of the
playing fields. The developer, or his successor, shall provide a disclosure to all properties
adjacent to the Community Park regarding the use of ballfield lighting.
12.
All proposed public park facilities shall provide for pedestrian circulation and
handicapped accessibility pursuant to the American Disability Act (ADA) Standards.
13.
The installation of all landscape materials and irrigation equipment for the public park
sites, slope areas, parkway landscaping, and landscaped medians shall be in
conformance with the City of Temecula Landscape Development Plan Guidelines and
Specifications.
14.
Construction of the community park, medians, and perimeter slope areas proposed for
dedication to the TCSD shall commence pursuant to a pre-job meeting with the
developer and the City Maintenance Superintendent. Failure to comply with the TCSD
review and inspection process may preclude acceptance of these areas into the TCSD
maintenance program.
15.
Park facilities, and/or other recreational areas, intended for transfer to the City "in-fee"
shall be dedicated free and clear of any liens, assessments, or easements that would
preclude the City from using the property for public park and/or recreational purposes.
R:~TAFFRP~I60PA97.COA 10/1/97 cd '~
16.
17.
18.
19.
PRIOR
20.
21.
PRIOR
22.
PRIOR
23.
24.
A policy of title insurance and a soils assessment report shall also be provided with the
dedication of the property.
The developer shall complete the TCSD application and dedication process prior to the
acceptance of street lighting and perimeter slopes areas into the respective TCSD
maintenance programs. The developer shall maintain the park facilities, slopes, and
medians until such time as those responsibilities are accepted by the TCSD or other
responsible party.
All exterior slopes contiguous to public streets that are adjacent to single family
residential development shall be maintained by an established homeowner's association
until such time as those responsibilities are offered and accepted by the TCSD for
maintenance purposes. All other interior slopes, open space, perimeter walls, and entry
monumentation shall be maintained by the homeowner's association.
Slopes and landscaping adjacent to commercial development shall be maintained by the
property owner, or other approved private maintenance association.
Bike lanes and recreational trails shall be provided on site and designed to intercept with
the City's Park and Recreation Master Plan. Class II Bike Lanes shall be completed in
concurrence with the street improvements.
TO RECORDATION OF THE FINAL MAP:
Prior to recordation of final maps, landscape construction drawings for any respective
public park, slopes, and landscaped medians proposed for dedication to the City shall
be reviewed and approved by the Director of Community Services.
If the community p. ark has not been completed prior to the recordation of the final map
for Planning Area 44, then the developer shall enter into an improvement agreement
and bond for the park improvements prior to recordation of said map.
TO ISSUANCE OF BUILDING PERMITS:
The community park in Planning Area 44 shall be improved and dedicated to the City
prior to the issuance of 608th overall residential building permit within Village A.
TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
Prior to the issuance of the first certificate of occupancy within each phased map, the
developer shall submit the most current list of Assessor's Parcel Numbers assigned to
the final project.
It shall be the developer's responsibility to provide written disclosure of the existence
of the TCSD and its service level rates and charges to all prospective purchasers.
I have read, understand and accept the above Conditions of Approval.
Applicant Name
R:~STAFFR.PT~ 160PA97.COA 10/1/97
EXHIBIT B
PLANNING APPLICATION NO. PA97-0160
AMENDMENT NO. 3 TO SPECIFIC PLAN TEXT
DISTRIBUTED UNDER SEPARATE COVER
R:~STAFFRFI~160PA97.CC 10/1/97 cd 16
ATTACHMENT NO. 3
ORDINANCE NO. 97-
AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199
It:~TAFFRPI~I60PA97.CC 10/1/97 cd 1 7
A~AC~N~ NO. ~
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, APPROVING PLANNING
APPLICATION NO. PA97-4)100 AMF~ING TUF~ TEXT
WITHIN SPECIFIC PLAN NO. 199 TO I~r~UCE THE
DWEIJ. ING UNITS FROM 4,047 TO 3,922 UNITS, TO
ELIMINATE THE COMMERCIAL ACIa~&GE AT THE
NORTHWEST CORNER OF RANCHO CAI2FORNIA ROAD
AND MEADOWS PARKWAY, TO ADD AN
APPROXIMAT'~-LY 12.5 ACRE PARK AT THE SOUTHWEST
CORNER OF LA SERENA AND MFAI)OWS PARKWAY,
AND TO REVISE ROADWAY CROSS-SECTIONS, DESIGN
GUIDELINES, AND DEVELOPMI:~NT STANDARDS, ALL
WITHIN VILLAGE
THE CITY COUNCIL OF THE CITY OF TEbIECUI~, STATE OF CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
Section 1. Public hearings have been held before the Planning Commission and City
Council of the City of Temecula, State of California, pursuant to the Planning and Zoning laws
of the State of California, and the City Code of the City of Temecula. The application land use
district is hereby approved and ratified as part of the Official Land Use map for the City of
Temec~fi~ as adopted by the City and as may be amended hereafter from time to rime by the City
Council of the City of Temecula, and the City of Temecuh Official Zoning Map is amended by
placing in affect the zone or zones as described in the above rifle.
Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City
Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be
posted in at least three public places in the City.
Section 3. g. nvimnmental Compliance. Environmental Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional
studies were undertaken to update and complement the original EIR. The additional studies, a
geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the
validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was
performed for this project. Therefore, Staff prepared another Initial Environmental Ass~smcnt
to examine the question of whether any impacts beyond those analyzed in the previous EIR and
subsequent studies would result from the proposed project, changes in circumstances, or new
information. In areas where there was a potential change in circumstances, specifically traffic,
R:wrAFFRPT~I60PA97.CC 10/1/97 cd 'J 8
noise, and lighting, staff requested additional information from the applicant. Based upon Smff's
analysis, the project is consistent with the information contained in the previously certified EIR.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162
of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required
unless additional impacts not previously considered, or substantial increases in the severity of
impacts, may result from: substantial changes in the circumstances under which the project is
undertaken which would require a major revision in the EIR, or new information that could not
have been known at the time the FJR was prepared becomes available. None of these situations
has occurred; therefore, no further environmental analysis is required.
Section 4. Finrlirga
A. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan
No. 199) as proposed and conditioned is compatible with the health, safety and welfare of the
community. ·
B. Phnning Application No. PA97-0160 (Amendment No. 3 to Specific Plan
No. 199) is consistent with the goals and policies of the City's adopted General Plan.
C. The project is compatible with surrounding land uses. The project proposes
a reduction in the density and intensity of land uses. Ultimate development will be residential
development in an area that is comprised of a variety of residential neighborhoods.
D. The proposal will not have an adverse effect on surrounding property
because it does not represent a significant change to the planned land use of the site and is
consistent with the overall concept of Specific Plan No. 199.
E. The amendment to Specific Plan No. 199 does not increase the impacts
associated with the development or the overall intensity of the development as analyzed in
Environmental Impact Report No. 202.
Section 5. This Ordinance shall be in full force and effect thirty 00) days ariel' its
passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall
publish a su~naty of this Ordinance and a certified copy of the full text of this Ordinance shall
be pos~ in the office of the City Clerk at least five days prior to the adoption of this Ordinance.
Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this
Ordinance, together with the names of the Councilmembers voting for and against the Ordinance,
and post the same in the office of the City Clerk.
R:~STAFPRP~I60PA97.CC 10,'1~' od 19
Section 6. PASSED, APPROVED, AND ADOPTED this ?th day of October, 1997.
Patricia H. Birdsall, Mayor
ATTEST:
June S. Greek, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE) SS
CITY OF TEMF_,CULA
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 97- . was duly introduced and placed upon its first reading at a
regular meeting of the City Council' on the 7th day of October, 1997, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the 7th day of October, 1997 by the following roll call vote:
COUNCILMEMBERS
NOF~:
COUNCR.MEMBERS
COUNCILMEMBERS
June S. Greek, City Clerk
EXHIBIT A
PLANNING APPLICATION NO. PA97-0160
AMENDMENT NO. 3 ZONE STANDARDS TEXT
DISTRIBUTED UNDER SEPARATE COVER
~:~ST~IVtl'T~60~A97.CC ]o~1/s7 e~ 21
EXHIBIT B
PLANNING APPLICATION NO. PA97-0160
.AMENDMENT NO. 3 SUMMARY OF CHANGES TEXT
DISTRIBUTED UNDER SEPARATE COVER
R:~STAFFRPT~I60PA97.CC 10/1/97 cd 22
ATTACHMENT NO. 4
ORDINANCE NO. 97-
AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT
FOR SPECIFIC PLAN NO. 199
EXHIBIT A
DEVELOPMENT AGREEMENT TEXT
ATTACHMENT NO. 4
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN
DEVELOPMENT AGREEMENT ENTITLED "AMENDMENT
AND RESTATEMENT OF DEVELOPMENT AGREEMENT,
SPECIFIC PLAN NO. 199, VILLAGE A, PLANNING AREAS
33 TO 38, 40 TO 44 AND 46, PLANNING APPLICATION
NO. PA97-0204 'MARGARITA VILLAGE,' TEMEKU HILLS
DEVELOPMENT PARTNERS, L.P. AND UDC HOMES,
INC."
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALWORNIA,
DOES ORDAIN AS FOLLOWS:
Section 1. Temeku Hills Development Partners, L. P. filed Planning Application No.
PA97-0204 in accoraance with the City of Temecula General Plan and Development Code. Public
hearings have been held before the Planning Commission and City Council of the City of
Temecula, State of California, pursuant to the Planning and Zoning laws of the State of
California, and the City Code of the City of Temecula.
Section 2. Environment01 Compliance. Environmental Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional
studies were undertaken to update and complement the original EIR. The additional studies, a
geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the
validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was
performed for this project. Therefore, Staff prepared another Initial Environmental Assessment
to examine the question of whether any impacts beyond those analyzed in the previous EIR and
subsequent studies would result from the proposed project, changes in circumstances, or new
information. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, staff requested additional information from the applicant. Based upon Staff's
analysis, the project is consistent with the information contained in the previously certified EIR.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162
of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required
unless additional impacts not previously considered, or substantial increases in the severity of
impacts, may result from: substantial changes in the circumstances under which the project is
undertaken which would require a major revision in the EIR, or new information that could not
R:\STAFFRPTH60PA97.CC 10/6/97 cd REVISED 2Be
have been known at the time the EIR was prepared becomes available. None of these situations
has occurred; therefore, no further environmental analysis is required.
Section 3. Findings
The City Council in approving the proposed Development Agreement, makes the following
findings, to wit:
1. The development to be carried out pursuant to the Development Agreement
is consistent with the General Plan.
2. The Development Agreement and the development to be carried out
hereunder complies with all other applicable requirements of State law, City ordinances and
Specific Plan No. 199.
Section 4. The City Council hereby approves that certain agreement entitled
"Amendment and Restatement of Development Agreement between City of Temecula and Temeku
Hills Development Partners, L. P. and UDC Homes Inc." and authorizes the Mayor to execute
the Agreement in substantially the form of Exhibit A, attached hereto.
Section 5. The City Clerk is directed and authorized to record the Agreement.
Section 6. This Ordinance shall be in full force and effect thirty (30) days after its
passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall
publish a smmnary of this Ordinance and a certified copy of the full text of this Ordinance shall
be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance.
Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this
Ordinance, together with the names of the Councilmembers voting for and against the Ordinance,
and post the same in the office of the City Clerk.
R:\STAFFRPTX160PA97.CC 10/6/97 cd REVISED
Section 7. PASSED, APPROVED, AND ADOPTED this 7th day of October, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
June S. Greek, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
$S
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 97-~ was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof, held on the 7th day of October, 1997, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, CMC
City Clerk
R:XSTAFFRPTX160PA97.CC 10/6/97 cd REVISED
RECORDED AT THE REQUEST OF
WHEN RECORDED RETURN TO
City Clerk
City of Temecula
P.O. Box 9033
Temecula, CA 92559-9033
(Space Above Line For Recorder's Use)
AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT
SPECIFIC PLAN NO. 199, VILLAGE A
PLANNING AREAS 33 to 38, 40 to 44 and 46
PLANNING APPLICATION NO. PA 97-0204
"MARGARITA VILLAGE"
TEMEKU HILLS DEVELOPMENT PARTNERS, L.P.
UDC HOMES, INC.
AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT
BETWEEN CITY OF TEMECULA
and
TEMEKU HILLS DEVELOPMENT PARTNERS, L.P.
and
UDC HOMES, INC.
This Amendment and Restatement of Development Agreement ("Agreement") is
entered into by and among the City of Temecula, a California Municipal Corporation ("City")
and Temeku Hills Development Partners, L.P., a California limited parmership ("Temeku
Hills"), and UDC Homes, Inc. a California corporation ("UDC"). Temekn Hills and UDC are
sometimes referred to herein collectively as "Owner."
RECITALS
A. Pursuant to California Government Code Section 65864, seq. ("Development
Agreement Statutes"), Margarita Village Development Company (Buie-Rancho California and
Nevada-Rancho California) and others and the County of Riverside, California ("County")
entered into Development Agreement No. 5 recorded in the Official Records of Riverside
County, California on November 7, 1988, as Instrument No. 325515 ("Development
Agreement No. 5").
B. Development Agreement No. 5 encompasses a project formerly located within
County approved Specific Plan No. 199 known as "Margarita Village," a mixed use
subdivision, (the "Original Project"), to be developed on property which came within the
municipal boundaries of the City when the City incorporated on December 1, 1989. This
Agreement encompasses only a portion of the Original Project, a 472 acre residential
development located in a portion of Specific Plan No. 199, Village A, known as Temekn
Hills Golf and Country Club (the "Project"). The balance of the Original Project covered by
Development Agreement No. 5 not included within this 472 acre portion of Specific Plan No.
199, Village A, is not amended or impacted by this Agreement.
C. Pursuant to the provisions of the Development Agreement Statutes, the City
became the saceessor-in-interest to the County under Development Agreement No. 5 upon
incorporation of the City. Pursuant to Temeku Hills obtaining rifle to the Project as recorded
in the Official Records of Riverside County, California on May 3, 1996 as Instrument
No. 162332, and UDC obtaining title to a portion of the Project from Temeku Hills as
recorded in the Official Records of Riverside County, California on April 18, 1997, as
Instrument No. 132180, and pursuant to the provisions of Development Agreement No. 5,
Temeku Hills and UDC became successors-in-interest to the "Owner" described in
Development Agreement No. 5.
D. Pursuant to Section 65868 of the Development Agreement Statutes, the City
and Owner propose to restate and amend Development Agreement No. 5 to substitute this
Agreement for Development Agreement No. 5, but only to the extent Development
Agreement No. 5 pertains to the Project.
E. Pursuant and subject to the Development Agreement Statutes, the City's police
powers and City Resolution No. 91-52, City is authorized to enter into binding agreements
with persons having legal or equitable interest in real property located within the City's
municipal boundaries or sphere of influence thereby establishing the conditions under which
such property may be developed in the City.
F. By entering into this Agreement, City shall bind future Members of the City
Council of City by the obligations specified herein and further limit the future exercise of
certain governmental and proprietary powers of Members of the City Council. Likewise,
Owner shall bind its successors in interest to the obligations specified in this Agreement.
G. The terms and conditions of this Agreement have undergone extensive review
by the staff of the City, the Planning Commission of the City, and the City Council of the
City and have been found to be fair, just, and reasonable.
H. The City fmds and determines that it will be in the best interest of its citizens
and the public health, safety and welfare will be served by entering into this Agreement.
I. All of the procedures and requirements of the California Environmental Quality
Act relevant to this Agreement have been met.
J. Riverside County Ordinance No. 659, as adopted by the City, establishes public
facilities impact fees for residential development within City ("RSA Fees"). City requires
these revenues to mitigate the impact of development. City requires RSA Fees from
development of the Property in order to complete capital projects to mitigate the impact of the
Project.
K. Development Agreement No. 5 provided for public facilities and services
impact fees ("County Development Agreement Fees") higher than the RSA Fees. These
higher fees, particularly during the present economic situation, unduly discourage and delay
development and thereby prevent City from ever receiving the County Development
Agreement Fees or RSA Fees. Consequently, after extensive study, and public input and
hearings, the City has adopted a Development Impact Fee for detached units of $2,934 per
unit and for attached units of $2,114 per unit. Therefore, the City is willing to reduce the
County Development Agreement Fees for residential development in the Project to the level
contemplated by this Agreement.
L. City and Owner acknowledge that development of the Project will result in the
generation of municipal revenue, for public infrastructure facilities and the enhancement of the
quality of life, including recreation facilities for present and future residents of the City. The
benefits to the City and Owner contemplated by development of the Project include without
limitation:
(1)
(2)
(3)
(4)
(5)
(6)
completion of vacant lots in Project;
payment of signal mitigation fees;
payment of library fees;
payment of park fees;
payment of Fire Protection Impact Fees; and
payment of Street System Impact Fees.
All of the fees described above are a part of, and included within, the Public Facilities Fee
contemplated herein.
M. The City and Owner acknowledge that due to the present economic situation,
none of these benefits to the City are possible unless the Project proceeds with development.
N. 'The City Council of the City has approved this Agreement by Ordinance
No. adopted on , and effective on ("Effective Date").
On the Effective Date, Development Agreement No. 5 shall be terminated and of no further
force and effect as to the Project only, having been replaced by this Agreement.
NOW, THEREFORE in consideration of the above Recitals and of the mutual
covenants hereinafter contained and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged and incorporated herein, the parties agree:
1. Defmitions. In this Agreement, unless the context otherwise requires, the
following words and phrases shall have the meaning set forth below:
1. I "City" is the City of Temecula.
1.2 "City Public Facilities Fee" is an amount established by Ordinance of
City as more particularly defmed in Section 12.3 of this Agreement.
1.3 "City's Quimby Requirement" means Owner's obligation to dedicate
park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as the same
was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, as
more particularly defined in Section 12.2 of this Agreement.
1.4 "County" is the County of Riverside.
1.5 "County Development Agreement Fee" means the County public
facilities and services mitigation fee set forth in Section 4.2 of Development Agreement
No. 5.
1.6 "Development Agreement Fee" means the development agreement fee
set forth in Section 12.6 of this Agreement.
1.7 "Development Exaction" means any requirement of the City in
connection with or pursuant to any Land Use Regulation or Existing Development Approval
for the dedication of land, the construction of improvements or public facilities, or the
payment of fees in order to lessen, offset, mitigate or compensate for the impacts of
development on the environment or other public interests.
1.8 "Development Plan" means the Existing Development Approvals.
1.9 "Effective Date" means the date upon which the Ordinance approving
this Agreement becomes effective. Absent a referendum challenge, such date is thirty (30)
days following the date the City Council adopted such Ordinance.
1.10 "Existing Development Approval(s)" means those certain development
approvals relating to the Property in effect as of the Effective Date, including, without
limitation, the "Existing Development Approvals" listed in Exhibit A, attached hereto and
incorporated herein by this reference, which were approved by the County.
1.11 "Existing Land Use Regulations" means those Land Use Regulations
listed on Exhibit B,-attached hereto and incorporated herein by this reference, which are a
matter of public record on the Effective Date of this Agreement.
1.12 "Financing District" means a Community Facilities District formed
pursuant to the Mello-Roos Community Facilities Act of 1982 (California Government Code
Section 53311 et seq., as amended); an assessment district formed pursuant to Landscaping
and Lighting Act of 1972 (California Street and Highways Code Section 22500 et seq. as
amended); a special assessment district formed pursuant to the Improvement Act of 1911
(California Streets and Highway Code Section 10102, as amended); or any other special
assessment district existing pursuant to Sate law formed for the purpose of fmancing the cost
of public improvements, facilities, services and/or public facilities fees within a specific
geographical area of the City.
1.13 "Hazardous Substance" shall include, without limitation, any flammable
explosives, radioactive materials, asbestos, polychlorinated biphenyls, chemicals know~x to
cause cancer or reproductive toxicity, substances described in Civil Code Section 2929.5(e)(2),
as it now exists or as subsequently amended, pollutants, contaminants, hazardous wastes, toxic
substances or related materials. Notwithstanding the foregoing, "Hazardous Substances" shall
not include substances customarily used in developing, operating or maintaining developments
similar to the project, provided all such substances are used, stored, and disposed of in
accordance with all applicable laws.
1.14 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
regulations, and written official policies of City, governing the development and use of land
including without limitation: the permitted use of land; the density or intensity of use;
subdivision requirements; the maximum. height and size of proposed buildings; the provisions
for reservation or dedication of land for public purposes; and the design, improvement, and
construction standards and specifications applicable to the development of the Property.
"Land Use Regulations" does not include any County or City ordinance, resolution, code, rule,
regulation, or official policy, governing:
(a) The conduct of businesses, professions, and occupations;
(b)
Services District;
Taxes, assessments and rates and charges of the City's Community
(c) The control and abatement of nuisances;
(d) The granting of encroachment permits and the conveyance of rights and
interest which provide for the use of or the entry upon public property;
(e) The exercise of the power of eminent domain.
1.15 "Owner" means Temeku Hills Development Partners, L.P., a limited
parmership, UDC Homes, Inc., a California corporation, and any successors in interest to
Temeku Hills and UDC
1.16
Development Plan.
"Project" is the development of the Property in accordance with the
1.17 "Property" is the real property described in Exhibit C, attached hereto
and incorporated herein by this reference.
1.18 "Remaining Units" means all remaining residential dwelling units within
the Project after the 608th such residential unit, all as more particularly described in Section
12.5('o) of this Agreement.
1.19 "RSA Fee" means the fee established by County Ordinance No. 659,
adopted by City by Ordinance No. 90.04.
1.20 "Subsequent Development Approvals" means all development approvals
required subsequent to the Effective Date in connection with development of the Property.
1.21 "Subsequent Land Use Regulation" means any Land Use Regulation
applicable to the Property adopted and effective after the Effective Date of this Agreement.
2. Interest of Owner. Owner represents that it has the fee title interest in the
Property and that all other persons holding legal or equitable interest in the Property are to be
bound by this Agreement.
3. Exhibits. The following documents referred to in this Agreement are attached
hereto, incorporated herein, and made a part hereof by this reference:
Exhibit Designation
Description
ho
B.
C.
D.
Existing Development Approvals
Existing Land Use Regulations
Legal Description of the Property
Assignment and Assumption of
Development Agreement
Notice From Mortgagee
Fee Matrix
4. Term.
4.1 The term of this Agreement shall commence on the Effective Date and
shall extend for a period of ten (10) years thereat~er, unless this Agreement is terminated,
modified or extended by circumstances set forth in this Agreement or by mutual consent of
the parties hereto.
4.2 This Agreement shall terminate and be of no force and effect upon the
occurrence of the entry of a f'mal judgment or issuance of the final order after exhaustion of
any appeals, directed against the City as a restfit of any lawsuit filed against directing the City
to set aside, withdraw, or abrogate the approval by the City Council of the City of this
Agreement.
5. Assignment.
5.1 Right to Assign. The Owner shall have the right to sell, transfer, or
assign the Property in whole or in part (provided that no such partial transfer shall violate the
Subdivision Map Act, Government Code Section 66410, et sea_., or Riverside County
Ordinance No. 460, as the same was incorporated by reference into the Temectfia Municipal
Code by Ordinance No. 90-04) to any person, parmership, joint venture, fu'm, or corporation
at any time during the term of this Agreement; provided, however, that any such sale,
transfer, or assignment shall include the assignment and assumption of the rights, duties, and
obligations arising under or from this Agreement and be made in strict compliance with the
following conditions precedent:
(a) No sale, transfer, or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer, or assignment of all or
a part of the Property. Owner agrees to provide specific notice of this Agreement, including
the record or document number, where a true and correct copy of this Agreement may be
obtained from the Riverside County Recorder, in any grant deed or other document purporting
to transfer the title or an interest in the Property during the term of this Agreement or any
extension thereof.
(b) Concurrent with any such sale, transfer, or assignment, or within fifteen
(15) business days thereafter, the Owner shall notify City, in writing, of such sale, transfer, or
assignment and shall provide City with an executed a~eement, in the form attached hereto as
Exhibit D, by the purchaser, transferee, or assignee and providing therein that the purchaser,
transferee, or assignee unconditionally assumes all the duties and obligations of the Owner
under this Agreement.
Any sale, transfer, or assignment not made in strict compliance with the
foregoing conditions shall constituted a default by the Owner under this Agreement.
Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement
required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding
upon such purchaser, transferee, or assignee, but the benefits or this Agreement shall not inure
to such purchaser, transferee, or assignee until and unless such agreement is executed.
5.2 Release of Transferfine Owner. Notwithstanding any sale, transfer, or
assignment, a transferring Owner shall continue to be obligated under this Agreement unless
such transferring Owner is given a release in writing by the City, which release shall be
provided by the City upon the full satisfaction by such transferring Owner of ALL of the
following conditions:
(a) The Transferring Owner no longer has a legal interest in all or any part
of the Property except as a beneficiary under a deed of trust.
(b) The Owner is not then in default under this Agreement.
(c) The Owner or purchaser has provided City with the notice and executed
agreement required under Paragraph (b) of Subsection 5.1 above.
(d) The purchaser, transferee, or assignee has provided City with security
equivalent to any security previously provided by the Transferring Owner to secure
performance of its obligations hereunder.
(e) The Transferring Owner has reimbursed the City for any and all City
costs associated with Owner's transfer of all or a portion of the Property.
5.3 Termination of Agreement with Respect to Individual Lots upon Sale to
Public and Completion of Construction. Notwithstanding Subsection 5.1, or any other
provisions of this Agreement, this Agreement shall terminate with respect to any lot and such
lot shall be released and no longer be subject to this Agreement without the execution or
recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in "bulk")
sold or leased (for a period longer than one year) to a member of the public or other ultimate
user; and
(b) A Certificate of Occupancy has been issued for a building on a lot, and
the fees set forth in this Agreement have been paid.
5.4 Subsequent Assignment. Any subsequent sale, transfer, or assignment
after an initial sale, transfer, or assignment shall be made only in accordance with and subject
to the terms and conditions of this Section.
6. Mongaaee Protection. The parties hereto agree that this Agreement shall not
prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the
Property or any portion thereof or any improvement thereon by any mortgage, deed of trust,
or other security device securing financing with respect to the Property. City acknowledges
that the lenders providing such financing may require certain Agreement interpretations and
modifications and agrees upon request, from time to time, to meet with the Owner and
representatives of such lenders to negotiate in good faith any such requested interpretation or
modification. City will not unreasonably withhold its consent to any such requested
interpretation or modification provided such interpretation or modification is consistent with
the intent and purposes of this Agreement and provided further that the City will be entitled
to exercise its discretion in accordance with applicable law. Owner shall reimburse City for
any and all of City's reasonable costs associated with the negotiations, interpretations, and
modifications within thirty (30) days of receipt of an invoice from City.
Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement
shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property
made in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the
Property, or any part thereof, which Mortgagee has submitted a request in writing, in the form
as attached hereto as Exhibit E, attached hereto and incorporated herein by this reference, to
the City in the manner specified herein for giving notices, shall be entitled to receive written
notification from City of any default by the Owner in the performance of the Owner's
obligations under this Agreement.
(c) If City timely receives a request from a Mortgagee, in the form set forth
on Exhibit F,, attached hereto and incorporated herein by this reference, requesting a copy of
any notice of default given to the Owner under the terms of this Agreement, City shall
endeavor to provide a copy of that notice of default to the Mortgagee within ten 10 days of
sending the notice of default to the Owner. The Mortgagee shall have the right, but not the
obligation, to cure the default during the remaining cure period allowed such party under this
Agreement. City shall have no liability for damages or otherwise to Owner, Owner's
successor, or to any Mortgagee or successor thereof for the failure to provide such notice.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contras, no Mortgagee shall
have an obligation or duty under this Agreement to perform any of the Owner's obligations or
other affirmative covenants of the Owner hereunder, or to guarantee such performance,
provided however, that to the extent that any covenant to be performed by Owner is a
condition precedent to the performance of a covenant by City, the performance thcreo? shall
continue to be a condition precedent to City's performance hereunder, and further provided
that any sale, transfer or assigmnent by any Mortgagee in possession shall be subject to the
provisions of Section S. 1 of this Agreement. The term of the Agreement shall not be
extended based on the fact that a Mortgagee holds title to the Property for all or any part of
the term of this Agreement.
(e) Any Mortgagee who comes into possession of the Property, or any
portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations
of the Owner set forth herein shall not be entitled to any rights to develop which have or may
have vested as a result of this Agreement.
7. Binding Effect of Agreement. The burdens of this Agreement bind and the
benefits of the Agreement inure to the successors-in-interest to the parties to it in accordance
with the provisions of and subject to the limitations of this Agreement.
8. Project as a Private Undertaking~elationship of Parties. It is specifically
understood and agreed by and between the parties hereto that the development of the Project
is a private development, that neither party is an independent contracting entity with respect to
the terms, covenants, and conditions contained in this Agreement. No parmership, joint
venture, or other association of any kind is formed by this Agreement. The only relationship
between City and Owner is that of a government entity regulating the development of private
property and the owner of such property.
9. Chang, es in Project. No change, modification, revision, or alteration of Existing
Development Approvals may be made without the prior approval of the City. City may
expand the permitted uses for the Property without amending this Agreement so long as
Owner or Owner's successor retains his/her/their existing entitlements.
10. Timing of Development. The parties acknowledge that Owner cannot at this
time predict when, or the rate at which, the Property will be developed. Such decisions
depend upon numerous factors which are not within the control of Owner, such as market
orientation and demand, interest rates, absorption, completion and other similar factors. Since
the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d
465 (1984), that the failure of the parties therein to provide for the timing of development
resulted in a later-adopted initiative restricting the timing of development to prevail over such
parties, it is the parties' intent to cure the deficiency by acknowledging and providing that the
Owner shall have the right to develop the property in such order, at such rate, and at such
times as the Owner deems appropriate within the exercise of its subjective business judgment,
subject only to any timing or phasing requirements set forth in the Development Plan.
11. Indenmity and Cost of Litigation.
11.1 Hold Harmless. Owner agrees to and shall hold City, its officers,
employees, agents, and representatives harmless from liability for damage or claims for
damage for personal injury including death and claims for property damage which may arise
from the direct or indirect operations of the Owner or those of its contractor, subcontractor,
employee, agents, or other person acting on its behalf which relate to the Project, regardless
of whether or not City prepared, supplied, or approved plans or specifications for the Project.
This indemnification requirement shall survive the termination or expiration of this
Agreement.
11.2 Third Party Litigation Concerning Agreement. Owner shall indenmify,
protect, defend, at its expense - including attorney's fees, and hold harmless City, its officers,
employees, or agents against any loss, cost expense, claim, or counter-claim, complaint, or
proceeding to attack, set aside, void, or annul the approval of this Agreement or the approval
of any permit granted pursuant to this Agreement brought by any third party. City shall
promptly notify Owner of any such claim, action, or proceeding and City shall cooperate in
the defense. If City falls to promptly notify Owner of any such claim, action, or proceeding,
or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to
defend, indenmify, or hold harmless City. City may in its discretion participate in the defense
of any such claim, action, or proceeding.
11.3 Environmental Assurances. Owner shall indemnify, protect, defend with
counsel approved by City, and hold harmless City, its officers, employees, agents, assigns, and
any successor or successors to City's interest from and against all claims, actual damages
(including but not limited to special and consequential damages), natural resources damages,
punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands,
debts, lieus, liabilities, causes of action, suits, legal or administrative proceedings, interests,
fines, charges, penalties and expenses (including but not limited to attorneys' and expert
witness fees and costs incurred in connection with defending against any of the foregoing or
in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted
against, City or its officers, employees, or agents arising from or attributable to any repair,
cleanup, or detoxification, or preparation and implementation of any removal, remedial,
response, closure, or other plan (regardless of whether undertaken due to governmental action)
concerning a Ha7ardous Substance or hazardous wastes at any place within the property which
is the subject of this Agreement. The foregoing indemnity extends beyond the term of this
Agreement and is intended to operate as an agreement pursuant to Section 107(e) of the
Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"),
42 U.S.C. Section 9667(e), and California Health and Safety Code Section 25364, and their
successor statutes, to insure, protect, hold harmless, and indemnify City from liability.
mcmi!lin'~combined.da/1
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11.4 Release. Owner, for itself, its successors and assignees, hereby releases
the City, its officers, agents, and employees from any and all claims, demands, actions, or
suits of any kind or nature arising out of any liability, known or unknown, present or future,
including, but not limited to, any claim or liability, based or asserted, pursuant to Article I,
Section 19 of the California Constitution, the Fifth Amendment of the United States
Constitution, or any other law or ordinance which seeks to impose any other liability or
damage, whatsoever, upon the City because it entered into this Agreement or because of the
terms of this Agreement.
11.5 Reservation of Rights. With respect to Sections 11.1 through 11.4
herein, City reserves the right to either (1) approve the attorney(s) which Owner selects, hires,
or otherwise engages to defend City hereunder, which approval shall not be unreasonably
withheld, or (2) conduct its own defense, provided, however, the Owner shall reimburse City
forthwith for any and all reasonable expenses incurred for such defense, including attorney's
fees, upon billing and accounting therefor.
11.6 Survival. The provisions of this Section 11.1 to 11.6, inclusive, shall
survive the termination of this Agreement.
12. Public Benefits. Public Improvements and Facilities.
12.1 Intent. The parties acknowledge and agree that this Agreement confers
private benefits on the Owner which should be balanced by commensurate public benefits.
Accordingly, the parties intend to provide consideration to the public to balance the private
benefits conferred on the Owner by providing more fully for the satisfaction of the public
needs resulting from development of the Project.
12.2 Ouimby Requirement. Temekn Hills shall satisfy its obligations to
dedicate park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as
the same was incorporated by reference into the Temeeula Municipal Code by Ordinance
No. 90-04 ("City's Quimby Requirement") as follows:
(a) Temeku Hills shall dedicate to the City land for a fully improved park to
be used for recreational purposes in accordance with the City's Quimby Requirement, in a
size to be determined as set forth below, prior to the issuance of the 608th building permit for
residential dwelling units in the Project. The size of the park described above in this Section
12.2(a) shall be calculated in the following manner:
(i) Multiply the number of dwelling units in the Project by 2.59 (the
average number of persons per dwelling unit), and then divide that sum by 1,000.
(ii) Multiply the quotient obtained by the calculation in subparagraph (i)
above by five (5) (the number of acres required per 1,000 people).
8536.001/090397 -12-
(iii) The result of the multiplication obtained in sub-paragraph (ii)
above shall constitute the size of the park to be dedicated by Temeku Hills to the City, subject
to reduction for the credits set forth in Section 12.2(b) below.
(b) The park described in Section 12.2(a) above shall be reduced in size by
the following credits:
(i) An acreage credit determined by multiplying the size of the park
determined in accordance with Section 12.2(a) by twenty-five percent (25%) for the Tcmeku
Hills Golf Course located within the Project.
(ii) A 2.5 acre credit for Veterans Park.
(ii) An acreage credit of 1.10 acres determined by multiplying the 2.2
acre common recreational facilities located within the Project by fifty percent (50%).
(c) By way of example only, if the number of dwelling units in the Project
is 1,449, the size of the park to be dedicated by Temeku Hills to the City pursuant to this
Section 12.2 shall be as follow:
1,449 dwelling units x 2.59 persons, divided by 1,000, multiplied by 5 acres = 18.76
acre park;
18.76 acre' park, less the following credits:
(4.69) acre credit (25% golf course credit x 18.76 acre park)
(2.50) acre credit for Veterans Park
(1.10) acre credit for the common recreational facilities (2.2 acres x 50%).
10.47 acre park required
(d) Upon dedication of the land for a park as provided in Section 12.2 (a)
above, Temeku Hills shall design and complete construction of park improvements thereon
similar to other public parks of the same size and classification prior to the issuance of the
608th building permit for residential dwelling units in the Project.
12.3 Public Facilities Fee. In lieu of the County Development Agreement
Fee, Owner shall pay the City Public Facilities Fee for residential units as follows:
(a) For each detached dwelling unit, the amount of Two Thousand Nine
Hundred and Thirty-Four Dollars ($2,934.00), inclusive of Street System Impact Fees
($729.00), Traffic Signal and Traffic Control System Fees ($109.00), Parks and Recreation
Impact Fees ($1,611.00), Corporate Facilities Impact Fees ($222.00), Fire Protection Impact
Fees ($55.00) and Library Impact Fees ($208.00).
(b) For each attached dwelling unit, the amount of Two Thousand One
Hundred and Fourteen Dollars ($2,114.00), inclusive of Street System Impact Fees ($511.00),
Traffic Signal and Traffic Control System Fees ($77.00), Parks and Recreation Impact Fees
($1,209.00), Corporate Facilities Impact Fees ($118.00), Fire Protection Impact Fees ($42.00)
and Library Impact Fees ($156.00).
The City Public Facilities Fee shall be paid as provided in Section 12.8 below.
Owner expressly acknowledges the existence and holding in the case of Kaufman and Broad
Central Valley, Inc. v. City. of Modesto, (1994) 25 Cal. App.4th 1577, as it applies to later
adopted fees. Owner hereby waives for himself, and for any successor thereto, the right to
challenge the validity or amount of any such other public facilities fees which are enacted and
applied to residential development projects in the City. Such waiver applies to the Project
after the City Public Facilities Fee has been enacted by the City and applied to residential
development projects in the City. Owner acknowledges and agrees that the City would not
have entered into this Agreement if its application or operation would limit in any way the
City's ability to develop and apply a Comprehensive Public Facilities Fee Program to this
Project. Owner further acknowledges and agrees that the waiver provided herein applies not
only to this Agreement, but to any rights Owner may have under any vesting map filed and
deemed complete under the vesting maps statutes, Government Code Section 66498.1 et seq.
Finally, Owner agrees that the institution of any legal action by Owner, or any successor
thereof, to eh_allenge the validity, amount, or application of the City Public Facilities Fee,
including paying such fees "under protest" pursuant to Government Code Section 66020 et
seq., shall constitute a material breach and default under this Agreement entitling the City to
summary termination hereof.
12.4 Public Facilities Fee Adiustment. The fees required by Section
12.3 above shall be adjusted annually during the term of this Agreement on the anniversary of
the Effective Date in accordance with the changes in the Consumer Price Index for All Urban
Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly
by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the
following manner:
(a) Divide the CPI for month and year of the Effective Date into the CPI
for the month immediately preceding the anniversary in which the fees are to be adjusted.
Co) Multiply the quotient obtained by the calculation in sub-paragraph (a)
above times the fees to be adjusted.
(c) The result of the multiplication obtained in sub-paragraph (b) above
shall constitute the fees payable during the succeeding year.
If the CPI specified herein is discontinued or revised during the term of this
Agreement, such other government index or computation with which it is replaced shall be
used in order to obtain substantially the same result as would have been obtained if the CPI
had not been discontinued.
In no event shall the fees after adjustment be less than the fees set forth in
Section 12.3 above.
12.5 Public Benefits and Credits. In consideration of Temeku Hills
dedicating, designing and improving a public park, providing the existing Veterans Park and
setting aside substantial private usable open space within the Project, all as more specifically
set forth in Section 12.2 above, Temeku Hills shall be entitled to an offset against the Park
and Recreation Impact Fees paid by Temeku Hills as a component of the City Public
Facilities Fee for the actual costs expended by Temeku Hills for the design and construction
of the park described in Section 12.2 above (as evidenced by actual third party invoices),
including a reasonable overhead burden of 10% of such actual costs (the "Park Fee Offset").
As a result of the Park Fee Offset, the Park and Recreation Impact Fees paid as a component
of the City Public Facilities Fee shall be affected in the following manner:
(a) Eliminated for the first 608 building permits issued to Owner for
residential dwelling units within the Project; and
(b) Eliminated for the number of building permits issued to Temeku Hills
for residential dwelling units constructed in excess of 608 units until such time as the Park
Fee Offset has been exhausted.
(c) By way of example only, assuming the cost to improve the park
described in Section 12.2 above is One Million Five Hundred Thousand Dollars ($1,500,000),
and the Park and Recreation Impact Fee, including the Development Agreement Fee, is
$1,772.10, the number of building permits in excess of 608 units to be issued to Temeku Hills
for which the Park and Recreation Impact Fees component of the City Public Facilities Fee
would be eliminated as a result of the Park Fee Offset is as follows:
$1,772.10 park fee x 608 dwelling units = $1,077,436.80
$1,500,000 park improvements - $1,077,436.80 -- $422,563.20 Park
Fee Offset
$422,563.20 Park Fee Offset + $1,772.10 park fee -- 238.45 building
permits in excess of 608 issued for which no Park and Recreation
Impact Fees would be paid (for a total of 846.45 building permits for
which no Park and Recreation Impact Fees would be paid including the
first 608 building permits)
12.6 Development Agreement Fee. In consideration of the City granting to
Owner the rights and benefits contained within this Agreement, Owner shall pay to the City a
development agreement fee in an mount equal to ten percent (10%) of each component of
the City Public Facilities Fee described in Section 12.3(a) or 12.3(b), as the same may be
increased from time to time pursuant to Section 12.4 above (the "Development Agreement
Fee"). The Development Agreement Fee shall be added to the City Public Facilities Fee and
paid as provided in Section 1228 below.
12.7 Fee Matrix. Attached hereto as Exhibit F is a Fee Matrix showing the
City Public Facilities Fee, and the individual components thereof, the credits applicable to the
City Public Facilities Fee, and components thereof, and the Development Agreement Fee.
12.8 Timing. The City Public Facilities Fee shall be paid at the time of
issuance of building permits for each residential unit constructed on the Property. Collection
of any and all interim Public Facilities Fees, or component thereof (or when combined with
the Park and Recreation Impact Fees) paid by the Owner for all home units constructed prior
to adoption of this Agreement, in surplus to those fees contained herein, shall be credited to
Owner.
12.9 Other Applicable Fees.
(a) Owner also shall pay all other customary and typical development
exactions, for a project of this size and nature, in existence as of the Effective Date and
throughout the term of this Agreement, not included in the City Public Facilities Fee, pursuant
to provisions of City ordinances and resolutions in existence when paid.
(b) The parties hereto agree that to the extent the applicable Stepben's
Kangaroo Rat and drainage fees have not been paid prior to the execution of this Agreement
by both parties, those fees remain applicable to the Project.
12.10 Public Works. If Owner is required by this Agreement or any other
obligation, to construct any public works facilities which will be dedicated to City or ca~y
other public agency upon completion, and if required by applicable laws to do so, Owner
shall perform such work in the same manner and subject to the same requirements as would
be applicable to City or such other public agency should it have undertaken such construction.
12.11 Preference. In the event the City approves, enacts or applies a City
Public Facilities Fee or any component thereof, in an amount which is less than the amount(s)
provided in Section 12.3 above, or if the City approves, enacts or applies a City Public
Facilities Fee or any component thereof, for any other detached residential dwelling units in
an amount which is less than applicable to the Project, or if the City approves, enacts or
applies a Development Agreement Fee which is less than provided in this Agreement, or if
the City approves, enacts or applies any other fee which serves the same or similar purposes
of the Development Agreement Fee, or the City Public Facilities Fee in an amount which is
less than provided in this Agreement, the City shall adjust the amounts of the City Public
Facilities Fee, and/or Development Agreement Fee applicable to the Project to equal the lesser
fee amount(s). If any attached dwelling units are constructed in the Project, the City agrees to
apply the adopted components and fees for attached residential units with the same
proportional adjustments and credits as set forth in Section 12 of this Agreement.
13. Reservation of Authority.
13.1 Limitations. Reservations. and Exceptions. Notwithstanding any other
provision of the Agreement, the following Subsequent Land Use Regulations shall apply to
the development of the Property:
(a) Processing fees and charges imposed by City to cover the estimated
actual costs to City of processing applications for Subsequent Development Approvals.
(b) Regulations governing construction standards and specifications
including without limitation, the City's Building Code, Plumbing Code, Mechanical Code,
Electrical Code, and Fire Code.
(c) Regulations which are NOT in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of
development of the Property shall be deemed to conflict with the Development Plan and shall
therefore not be applicable to the development of the Property.
(d) Regulations which are in conflict with the Development Plan, provided
Owner has given written consent to the application of such regulations to development of the
Property.
13.2 Subsequent Development Approvals. This Agreement shall not prevent
City, in acting on Subsequent Development Approvals, from applying the Subsequent Land
Use Regulations which do not conflict with the Development Plan, nor shall this Agreement
prevent City from denying or conditionally approving any Subsequent Development Approval
on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the
Development Plan.
mr~millln~abin~d.da/1
13.3 Modification or Suspension by State or Federal Law. In the event that
State or Federal laws or regulations enacted after the Effective Date of this Agreement
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. In that event, however, this Agreement shall
remain in full force and effect to the extent it is not inconsistent with such laws or regulations
and to the extent such laws or regulations do not render such remaining provisions impractical
to enforce.
13.4 Regulation by Other Public Agencies. It is acknowledged by the parties
that other public agencies not within the control of City possess authority to regulate aspects
of the development of the Property separately from or jointly with City and this Agreement
does not limit the authority of such other public agencies.
13.5 Tentative Tract Map Extension. Pursuant to the provisions of
Section 66452.6 of the Government Code, any current or future tentative subdivision map(s)
or tentative parcel map(s) (vested or regular) approved as a part of implementing the
Development Plan, including without limitation Revised Tentative Tract Map 23371, shall be
extended to expire at the end of the term of this Agreement.
13.6 Vestina Tentative Main. If any tentative or final subdivision map, or
tentative or final parcel map, heretofore or hereafter approved in connection with the
development of the property, is a vesting map under the Subdivision Map Act (Government
Code Section 66410, et seq.) and Riverside County Ordinance No. 460, as the same were
incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if
this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it
grants a vested right to develop to the Owner, then and to that extent the rights, obligations,
and protections afforded the Owner and City respectively, under the laws and ordinances
applicable to vesting maps shall supersede provisions of this Agreement. Except as set forth
immediately above, development of the Property shall occur only as provided in this
Agreement, and the provisions in this Agreement shall be controlling over conflicting
provisions of law or ordinances concerning vesting maps.
13.7 Tentative Tract Maps - Perimeter Walls. The conditions of approval for
tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part
of implementing the Development Plan shall be amended to provide that the construction of
perimeter walls and installation of landscaping and irrigation systems, that would othetwvise be
required to be completed prior to the construction of any residential dwelling units, shall be
constructed in phases as the adjacent tracts are developed within the Project.
13.8 Maintenance of Proiect Landscape Areas. Owner shall form a
homeowners' association which shall maintain all landscape areas within the Project including,
without limitation, all block walls and entry monuments located within the Project.
Notwithstanding the foregoing, the City acting through its Community Services District and
upon compliance with all applicable laws including, without limitation, any necessary public
voting procedures, shall consider maintaining all exterior landscape areas (excluding block
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walls and entry monuments) within the Project adjacent to main collector streets having
widths of sixty-six feet (66') or larger. Unless these areas are accepted by the City's
Community Services District for maintenance, they will be maintained by the homeowner's
association.
13.9 Mariarim Road Reimbursement. Owner's obligation to reimburse the
City for the cost of constructing certain roadway improvements to the east side of Margarita
Road from Rancho California Road to La Serena shall be $185.00 per residential unit
applicable to the Fast g00 residential units constructed in the Project, all as more specifically
set forth in that certain Reimbursement Agreement recorded in the Official Records of
Riverside County on July 14, 1994, as Instrument No. 281356.
13.10 Modified Street Sections. The Existing Development Approvals
incorporate the conversion of previously designated "private streets" within the Project to
public streets. To accommodate the conversion of private streets to public streets within the
Project, and as more fully set forth in the Existing Development Approvals, the City has
approved one type of~nodified street sections for Tracts 23371-1 through 23371-7, and
another type of modified street sections for the remainder of the Project.
13.11 Park Improvement Agreement and Security. For park improvements,
recreation facilities, slopes and landscaping proposed for dedication to the City's Community
Services District pursuant to this Agreement, Owner shall enter into an Improvement
Agreement and post securities for said improvements concurrently with the recordation of the
tracts where the improvements are located.
14.
No. 5
Development of the Property, Vesting. Termination of Development Agreement
14.1 Rights to Develop. Subject to the terms of this Agreement, including
payment of the City Public Facilities Fee and the Development Agreement Fee, the Owner
shall have a vested right to develop the Property in accordance with, and to the extent of the
Development Plan. The Project shall remain subject to all Subsequent Development
Approvals required to complete the Project as contemplated by the Development Plan. Except
as otherwise provided in this Agreement, the permitted uses of the Property, the density and
intensity of use, the maximum height and size of proposed buildings, and provisions for
reservation and dedication of land for public purposes shall be those set forth in the
Development Plan. In exchange for the vested right to develop pursuant to this Agreement,
Owner expressly waives for himself and for any successor thereto, the right to challenge or
contest the validity of any condition of approval attached to any entitlement which is a part of
the Development Plan.
14.2 Effect of Agreement on Land Use Regulations. Except as otherwise
provided under the terms of this Agreement, including the payment of the City Public
Facilities Fee, the rules, regulations, and official policies governing permiRed uses of the
Property, the density and intensity of use of the Property, the maximum height size of
proposed buildings, and the design, improvement and construction standards and specifications
applicable to development of the Property shall be Existing Land Use Regulations. City shall
exercise its lawful reasonable discretion in connection with Subsequent Development
Approvals in accordance with the Development Plan, and as provided by this Agreement
including, but not limited to, payment of the City Public Facilities Fee and the Development
Agreement Fee. City shall accept for processing, review, and action all applications for
Subsequent Development Approvals, and such applications shall be processed in the normal
manner for processing such matters. City may, at the request of Owner, contract for planning
and engineering consultant services to expedite the review and processing of Subsequent
Development Approvals, the cost of which shall be borne by Owner.
14.3 Chanees and Agreements. The parties acknowledge that refinement and
further development' of the Project will require Subsequent Development Approvals and may
demonstrate that changes are appropriate and mutually desirable in the Existing Development
approvals. In the event the Owner fmds that a change in the Existing Development Approvals
is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to
effectuate such change. If approved, any such change in the Existing Development Approvals
shall be incorporated herein as addendum to this Agreement and may be further changed from
time to time as provided in this Section. Owner, shall, within thirty (30) days of written
demand by City, reimburse City for any and all reasonable costs, associated with any
amendment or change to this Agreement that is initiated by Owner or Owner's successor --
without regard to the outcome of the request for amendment or change to this Agreement.
Unless otherwise required by law, as determined in City's reasonable discretion, a change to
the Existing Development Approvals shall be deemed "minor" and not require an amendment
to this Agreement provided such a change does not:
(a) Alter the permitted uses of the Property as a whole, except as provided
in Section 9 hereof, or,
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or a supplemental
Environmental Impact Report pursuant to Section 21166 of the Public Resources Code.
14.4 Termination of Development Aereement No. 5. Both the City and the
Owner agree that on the Effective Date of this Agreement, Development Agreement No. 5
shall be terminated and of no further force or effect as to this Project only, having been
replaced by this Agreement.
mcmillinX. combined .da/1
8536.001/090397 -20-
15. Periodic Review of Compliance with Agreement.
(a) Pursuant to City Resolution No. 91-52, as it may be subsequently
amended, City shall review this Agreement at least once during every twelve (12) month
period from the Effective Date of this Agreement. The Owner or successor shall reimburse
City for the reasonable and necessary costs of this review, within thirty (30) days of written
demand from City.
(b) During each periodic review by City, the Owner is required to
demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to
furnish such evidence of good faith compliance as City in the exercise of its discretion may
require.
16. Financing, District. Upon the request of Owner, the parties shall cooperate in
exploring the use of special assessment districts and other similar Financing Districts for the
financing of the construction, improvement, or acquisition of public infrastructure, facilities,
lands, and improvements to serve the Project and its residents, whether located within or
outside the Property. It is acknowledged that nothing contained in this Agreement shall be
construed as requiring City or City Council to form such a district or to issue or sell bonds.
17. Agreement or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by mutual consent of the parties and in the manner provided
for in Government Code Section 65868. If an amendment is requested by the Owner or its
successor, the Owner/successor agrees to pay City any Development Agreement processing fee
then in existence as established by City Council Resolution, or if no such fee is established, to
reimburse City for the actual and reasonably necessary costs of reviewing and processing the
Agreement within thirty (30) days of written demand from City -- without regard to City's
action on such amendment.
18. Enforcement. Unless amended or canceled as herein provided, this Agreement
is enforceable by any party to it, notwithstanding a change in the applicable general or
specific plan, zoning, subdivision, or building regulations adopted by the City.
19. Events of Default. Owner is in defauit under this Agreement upon the
happening of one or more of the following events or conditions:
(a) If a warranty, representation, or statement made or furnished by Owner
to City is false or proves to have been false in any material respect when it was made;
(b) More than forty-five (45) days have passed since City's making of a
written request to Owner for payment or reimbursement for a fee or service authorized or
agreed to pursuant to this Agreement.
(c) A finding and determination by City that upon the basis of substantial
evidence the Owner has not complied in good faith with one or more at the terms or
conditions of this Agreement.
20. Procedure Upon Default.
(a) Upon the occurrence of an event of default, City may terminate or
modify this Agreement in accordance with the procedure adopted by the City.
(b) City does not waive any claim of defect in performance by Owner
implied if on periodic review the City does not propose to modify or terminate this
Agreement.
(c)
Non-performance shall not be excused because of a failure of a third
person.
(d) Non-performance shall be excused only when it is prevented or delayed
by acts of God or an emergency declared by Governor.
(e) All other remedies at law or equity which are not otherwise provided
for in this Agreement or in City's regulations governing development agreements are available
to the parties to pursue in the event there is a breach.
21. Remedies. In general, each of the parties hereto may pursue any remedy at law
or equity available for the breach of any provision of this Agreement, except that City, and its
officers, employees and agents, shall not be liable in damages to Owner or to any assignee,
transferee of Owner, or any other person, and Owner covenants not to sue or claim any
damages for breach of that Agreement by City. It is acknowledged by the parties that City
would not have entered into this Agreement if it were to be liable in damages under or with
respect to this Agreement or the application thereof Owner, for himself or any successor
thereto, expressly waives the right to seek damages against the City or any officer, employee
or agent thereof, for any default or breach of this Agreement.
22. Attorneys Fees and Costs. If legal action by either party is brought because of
breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is
entitled to reasonable attorneys fees and court costs.
23. 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 and presumed
delivered upon actual receipt by personal delivery or within three (3) days following deposit
thereof in United States Mail. Notice required to be given to City shall be addressed as
follows:
To City:
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Attention: City Clerk
With a copy to:
Peter M. Thorson, City Attorney
Richards, Watson & Gershon
A Professional Corporation
333 So. Hope Street, 38th Floor
Los Angeles, CA 90071-1469
Notices required to be given to Owner shall be addressed as follows:
To Owner:
Temeku Hills
Temeku Hills Development Partners, L.P.
2727 Hoover Avenue
National City, CA 91950
Attention: James H. Hunter, Senior Vice President
With a copy to:
Lorenz Alhadeff Cannon & Rose, LLP
27555 Ynez Road, Suite 203
Temecula, CA 92591
Attention: Samuel C. Alhadeff, Esq.
UDC Homes, Inc.
438 Camino Del Rio South, Suite 112B
San Diego, CA 92108-3546
Attention: Jori Werner, Division President
With a copy to:
Hecht, Solberg, Robinson & Goldberg
600 West Broadway, 8th Floor
San Diego, CA 92101
Attention: Darryl O. Solberg, Esq.
A party may change the address by giving notice in writing to the other party in the manner
provided for herein, and thereafter notices shall be addressed and transmitted to the new
address.
24. Cooperation. City agrees that it shall accept for processing and promptly take
action on all applications, provided they are in a proper form and acceptable for required
processing for discretionary permits, tract or parcel maps, or other land use entitlement for
development of the Project in accordance with the provisions of this Agreement. City shall
cooperate with Owner in providing expeditious review of any such applications, permits, or
land use entitlement and, upon request and payment of any costs and/or extra fees associated
therewith by Owner, City shall ossign to the Project planner(s), building inspector(s), and/or
other staff personnel as required to insure the timely processing and completion of the Project.
25. Miscellaneous Provisions.
25.1 Recordation of Agreement. This Agreement and any amendment or
cancellation thereof shall be recorded with the County Recorder by the City Clerk within the
period required by Section 65868.5 of the Government Code.
25.2 Entire Agreement. This Agreement sets forth and contains the eraire
understanding and agreement of the parties, and there are no oral or written representations,
understandings or ancillary covenants, undertakings or agreements which are not contained or
expressly referred to herein. No tesl~ony or evidence of any such representations,
understandings or covenants shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
25.3 Severability. 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 to the extent such remaining provisions are not
rendered impractical to perform taking into consideration the purposes of this Agreement.
Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 12 of
this Agreement, including the payment of the fees set forth therein, are essential elements of
this Agreement and City would not have entered into this Agreement but for such provisions,
and therefore in the event such provisions are determined to be invalid, void or unenforceable,
this entire Agreement shall be null and void and of no force and effect whatsoever.
25.4 Interpretation and Governing Law. This Agreement and any dispute
arising hereunder shall be governed and interpreted in accordance with the laws of the State
of California. This Agreement shall be construed as a whole according to its fair language
and common meaning to achieve the objectives and purposes of the parties hereto, and the
role of construction to the effect that ambiguities are to be resolved against the draining party
shall not be employed in interpreting this Agreement, all parties having been represented by
counsel in the negotiation and preparation hereof.
25.5 Section Headim, s. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
25.6 Sinaular and Plural. As used herein, the singular of any word includes
the plural.
25.7 Joint and Several Obligations. If at any time during the term of this
Agreement the Property is owned, in whole or in part, by more than one Owner, all
obligations of such Owners under this Agreement shall be joint and several, and the default of
any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no
Owner of a single lot which has been finally subdivided and sold to such Owner as a member
of the general public or otherwise as an ultimate user shall have any obligation under this
Agreement except as provided under Section 5 hereof.
25.8 Time of Essence. Time is of the essence in the performance of the
provisions of this Agreement as to which time is an element.
25.9 Waiver. Failure by a party to insist upon the strict performance of any
of the provisions of this Agreement by the other party, or the failure by a party to exercise its
fights upon the default of the other party, shall not constitute a waiver of such party's right to
insist and demand strict compliance by the other party with the terms of this Agreement
thereafl~.
25.10 No Third-Party Beneficiaries. This Agreement is made and entered into
for the sole protection and benefit of the parties and their successors and assigns. No other
person shall have any right of action based upon any provision of this Agreement.
25.11 Force Majeure. Neither party shall 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, fu'es, wars, riots or similar hostilities, strikes and other
labor difficulties beyond the party's control (including the party's employment force),
government regulations, court actions (such as restraining orders or injunctions), or other
causes beyond the party's control. If any such events shall occur, the term of this Agreement
and the time for performance by either party of any of its obligations hereunder may be
extended by the written agreement of the parties for the period of time that such events
prevented such performance, provided that the term of this Agreement shall not be extended
under any circumstances for more than five (5) years.
25.12 Mutual Covenants. The covenants contained herein are mutual
covenants and also constitute conditions to the concurrent or subsequent performance by the
party benefitted thereby of the covenants to be performed hereunder by such benefitted party.
25.13 Successors in Interest. The burdens of this Agreement shall be binding
upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties
to this Agreement. All provisions of this Agreement shall be enforceable as equitable
servitude and constitute covenants rtmning with the land. Each covenant to do or refrain from
doing some act hereunder with regard to development of the Property: (a) is for the benefit of
and is a burden upon every portion of the Property; (b) runs with the Property and each
portion thereof, and (c) is binding upon each party and each successor in interest during
ownership of the Property or any portion thereof.
25.14 Counterparts. This Agreement may be executed by the parties in
counterparts, which counterparts shall be construed together and have the same effect as if all
of the parties had executed the same instxument.
25.15 Jurisdiction and Venue. Any action at law or in equity arising under
this Agreement or brought by an party hereto for the purpose of enforcing, construing or
determining the validity of any provision of this Agreement shall be filed and tried in the
Superior Court of the County of Riverside, State of California, and the parties hereto waive
all provisions of law providing for the filing, removal or change of venue to any other court.
25.16 Further Actions and Instruments. Each of the parties shall cooperate
with and provide reasonable assistance to the other to the extent contemplated hereunder in
the performance of all obligations under this Agreement and the satisfaction of the conditions
of this Agreement. Upon the request of either party at any time, the other party shall
promptly execute, with acknowledgment or affidavit if reasonably required, and file or record
such required instruments and writings and take any actions as may be reasonably necessary
under the terms of this Agreement to carry out the intent and to fulfill the provisions of this
Agreement or to evidence or consummate the transactions contemplated by this Agreement.
25.17 Eminent Domain. No provision of this Agreement shall be construed to
limit or restrict the exercise by City of its power of eminent domain.
25.1 g Agreement for Service of Process. In the event owner is not a resident
of the State of California or it is an association, parmership or joint venture without a
member, parmer or joint venturer resident of the State of California, or it is a foreign
corporation, then in any such event, Owner shall file with the Planning Director, upon its
execution of this Agreement, a designation of a natural person residing in the State of
California, giving his or her name, residence and business addresses, as its agent for the
purpose of service of process in any court action arising out of or based upon this Agreement,
and the delivery to such agent of a copy of any process in any such action shall constitute
valid service upon Owner. If for any reason service of such process upon such agent is not
feasible, then in such event Owner may be personally served with such process out of this
County and such service shall constitute valid service upon owner. Owner is amenable to the
process so served, submits to the jurisdiction of the Court so obtained and waives any and all
objections and protests thereto.
26. Authority to Execute. Each party hereto expressly warrants and represents that
he/she/they has/have the authority to execute this Agreement on behalf of his/her/their
corporation, partnership, business entity, or governmental entity and warrants and represents
that he/she/they has/have the authority to bind his/her/their entity to the performance of its
obligations hereunder.
~6.oo,~o~ -26-
IN WITNESS WHEREOF this Agreement has been executed by the authorized
representatives of the parties hereto.
"CITY"
City of Temecula
ATTEST:
By:
Patricia H. Birdsall, Mayor
June S. Greek, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
[Notary Required]
[SIGNATURES CONTINUE ON NEXT PAGE]
"OWNER"
Temeku Hills:
Temeku Hills Development Partners, L.P.,
a Califomia limited pax~nership
By:
McMillin Project Services, Inc.,
a California corporation, as Attorney-in-fact
Under Durable Power of Attorney
By: ~;~,~
Its:
By: (,is,~
6j, v~l ....)
Its:
UDC Homes, Inc.,
a California corporation
By:
Its:
[Notary Required]
By:
Its:
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
$S
On , 1997, before me,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) h/are subscribed to the within insmnnent and acknowledged 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 helmIf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
D
D
CAPACITY CLAIMED BY SIGNER
UVD~VWUAL(S)
OFFICER(S) (TiTLE[S]):
D
D
D
D
O
O
PARTNF~(S)
ATTORNEY-IN-FACT
TRUSTE~(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTttER:
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or enfity(ies)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CAI.IFORNIA
COUNTY OF
SS
On , 1997, before me,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
rl
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL(S)
OFFICER(S) (TITLE[S]):
I]
[]
D
D
D
[.1
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or entity(ies)
m~millin~Qnd)inc:d .cll/1
ss~.oo~m~ -30-
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
SS
On , 1997, before me,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that
he/she/they executed the same in his/her/theft authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
CAPACITY-CLAIMED BY SIGNER
INDIVIDUAL(S)
OFHCER(S) (TITLE[S]):
D
0
0
0
0
PARTNER(S)
ATrORNEY-IN-FACT
TgUSTEE(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS RFPRESEN'rING:
Name of person(s) or entityties)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
$S
On , 1997, before me,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SEAL
U
H
CAPACITY CLAIMED BY SIGNF_,_R
INDIVIDUAL(S)
OFFICER(S) (TITLE[S]):
U
[]
H
U
U
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or entity(ies)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALII~ORNIA
COUNTY OF
SS
, 1997, before me,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within imtrumem and acknowledged that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
D
D
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL(S)
OFFICER(S) (TITLE[S]):
D
D
D
D
D
D
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or cnfity(ies)
Inemillin~)mbined.dm/1
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
$S
On , 1997, before me,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrumem and acknowledged that
he/she/they executed the same in his/her/theft authorized capacity(ies), and that by
Ms/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
signature
SEAL
D
D
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL(S)
OFFICER(S) (TITLE[S]):
D
D
D
D
D
D
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHFR:
Charon
SIGNER IS REPRESENTING:
Name of person(s) or entity(ies)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CAL~FORNiA
COUNTY OF
$S
On , 1997, before me,
a Nom'y Public in and for said Sate, 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 that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
D
CAPACITY CLAIMED BY SIGNER
INDMDUAL(S)
OFFICER(S) (TITLE[S]):
I1
D
D
D
D
PARTNER(S)
ATTORNEY-IN-FACT
T~USTEE(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or enfity(ies)
mmfillhk~bimd.d~/l
~s~6.oouo~ -35-
EXHIBIT A
EXISTING DEVELOPMENT APPROVALS
General Plan - Low, Low Medium and Medium Density Residential
Specific Plan - County of Riverside Ordinance No. 460, Specific Plan No. 199 (Margarita
Village)
Land Divisions-
Final Tract Map No. 23371-1
Final Tract Map No. 23371-2
Final Tract Map No. 23371-3
Final Tract Map No. 23371-4
Final Tract Map No. 23371-5
Amended Tentative Tract Map No. 23371
Tentative Tract Map No. 28482
mcmillin~x~bi~ed.d~/1
EXHIBIT B
EXISTING LAND USE REGULATIONS
General Plan I_and Use designation is Low, Low Medium and Medium Density Residential.
Specific Plan 199 (Margarita Village)
n~ilinh~bimd.d~l
85~6.001/090~97 -37-
EXHIBIT C
LEGAL DESCRIPTION
EXHIBIT D
ASSIGNMENT AND ASSUMFrION OF DEVELOPMENT AGREEMENT
mcmillin~combined.d8/1
85~6.oo~o~ -39-
EXHIBIT E
REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOPMENT AGREEMENT
Development Agreement:
Amendment and Restatement
of Development Agreement
Specific Plan No. 199, Margarita Village
Planning Application No.
Date:
To: City of Clerk and Planning Director, City of Temecula
Pursuant to Sections 6(b) and (c) of the above-referenced Amendment and Restatement
of Development Agreement, request is hereby made by as Mortgagee for
the property (or portion thereof) to receive copies of any Notice of Default issued by City
against Owner in accordance with the terms and conditions of such Amendment and Restatement
of Development Agreement. Copies of any such Notices should be mailed to the following
address:
(Mortgagee)
(Person/Department)
(Address)
(City/State/Zip)
(Telephone No.)
A copy of this Notice should be fried with the project file to insure proper and timely
notice is given. Under the term~ of the Amendment and Restatement of Development
Agreement, as Mortgagee is entitled to receive copies of any Notice of Default
within ten ¢10) days of sending any such Notice to Owner. Failure to send any such Notice
may have serious i~al consequences for the City.
This request is to remain in effect until revoked by as Mortgagee
or the Amendment and Restatement of Development Agreement is Terminated.
The person executing this document on behalf of the Mortgagee warrants and represents
that the entity he/she represents is a bona fide Mortgagee of the property and is entitled to
receive copies of Notices of Default under the Amendment and Restatement of Development
Agreement.
The undersigned declares the above information is true and correct under the penalty of
perjury under the laws of the State of California.
Dated: , 1997
Mortgagee
~y:
(signature)
Its:
(printed name)
(title)
[Notary required]
This Notice is to be-sent to both the City Clerk and Planning Director for the City of Temeeula
at P.O. Box 9033, Temeeula, Ca 925989=9033 or such other location as Temeeula City Hall may
be located in the future.
'" ,SEP 0,3 '9? 10:~ TO-190969998T8 FROH.-HCHILL]N COHPMIIE$ T-719 P. 02/02 F-O,?e
ATTACHMENT NO. 5
RESOLUTION NO. 97-
TEMECULA RESIDENT GOLF DISCOUNT AGREEMENT
FOR SPECIFIC PLAN NO. 199
EXHIBIT A
TEMECULA RESIDENT GOLF DISCOUNT
AGREEMENT TEXT
R:~FAFPRPT%I6GPA97.CC 10/I/97 cd 32
ATTACHMENT NO. 5
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED 'AGREEMENT REGARDING
TEMECULA RESIDENT GOLF DISCOUNTS AND PARK
AND RECREATION IMPACT FEE CR~I~ITS" FOR TEMEKU
HILLS
WHEREAS, concurrent with the execution of this Agreement, the City Council
conducted a public hearing pertaining to Planning Application No. PA97-0204 (Amendment and
Restatement of the Development Agreement for Specific Plan No. 199) on October 7, 1997, at
which time interested persons had opportunity to testify either in support or opposition to Planning
Application No. PA97-0204;
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Report regarding Planning Application No. PA97-0204;
WHEREAS, pursuant to Section 12.5 of the Development Agreement, Temeku Hills is
entitled to credits against the Park and Recreation Impact Fees;
WHEREAS, Temeku Hills is also the owner of an 18-hole golf course adjacent to the
Project, the City is interested in obtaining from Temeku Hills discounted rates for its residents to
play the golf course and, pursuant to the terms and conditions of this Agreement, Temeku Hills
is willing to grant such discounted rates in exchange for additional Park Fee Credits equal to the
value of such discounted rates,
NOW, TI'!EREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
findings; to wit:
Findings. That the Temecula City Council hereby makes the following
A. That the development to be carried out pursuant to the Development Agreement is
consistent with the General Plan for Temecula and with all applicable requirements of State law,
City ordinances and Specific Plan No. 199.
B. The overall development of the land is designed for the protection of the public
health, safety and general welfare.
Section 2. Environmental Compliance. Environmental Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional
R:\STAFFRPT~160PA97.CC 10/6/97 cd REVISED
studies were undertaken to update and complement the original EIR. The additional studies, a
geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the
validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was
performed for this project. Therefore, Staff prepared another Initial Environmental Assessment
to examine the question of whether any impacts beyond those analyzed in the previous EIR and
subsequent studies would result from the proposed project, changes in circumstances, or new
information. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, staff requested additional information from the applicant. Based upon Staff's
analysis, the project is consistent with the information contained in the previously certified EIR.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162
of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required
unless additional impacts not previously considered, or substantial increases in the severity of
impacts, may result from: substantial changes in the circumstances under which the project is
undertaken which would require a major revision in the EIR, or new information that could not
have been known at the time the EIR was prepared becomes available. None of these situations
has occurred; therefore, no further environmental analysis is required.
Section 3. The City Council hereby approves that certain agreement entitled
"Agreement Regarding Temecula Resident Golf Discounts and Park and Recreation Impact Fee
Credits' for Temeku Hills, and authorizes the Mayor to execute the Agreement in substantially
the form of Exhibit A, attached hereto.
Section 4. The City Clerk shall certify the adoption of this Resolution.
R:~STAFFRPTH60PA97.CC 10/6/97 cd REVISED 30
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
this 7th day of October, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
June S. Greek, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 97-~ was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof, held on the 7th day of October, 1997 by the following vote, to wit:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, CMC
City Clerk
R:\STAFFRPTH60PA97.CC 10/6/97 cd REVISED
AGREEMENT REGARDING
TEMECULA RESIDENT GOLF DISCOUNTS
AND PARK AND RECREATION IMPACT FEE CREDITS
(Temeku l:!111.s)
TtHS AGREEMENT REGARDING TEMECULA RF~IDENT GOLF DISCOUNTS
AND PARK AND RECREATION IMPACT FEE CREDITS (this "Agreement") is entered into
as of this day of October, 1997, by and between the City of Temecula, a California
municipal corporation ("City"), and Temeku Hills Development Panners, L.P., a California
limited pannership ("Temeku Hills").
RECITALS
A. Concurrent with the execution of this Agreement, City and Temeku Hills have
entered into that certain Amendment and Restatement of Development Agreement (the
"Development Agreement") covering that certain 472 acre residential development located in a
portion of Specific Plan No. 199, Village A, known as Temeku Hills Golf and Country Club
(the "Project"). The Project is more specifically described in Exhibit "A" attached hereto and
incorporated herein by this reference. Unless otherwise defined, the capitalized terms used
herein shall have the same meanings as set forth in the Development Agreement.
B. Pursuant to Section 12.5 of the Development Agreement, Temeku Hills is entified
to credits against the Park and Recreation Impact Fees, including the Development Agreement
Fee, paid by Temeku Hills (or any other Owner within the Project) as a component of the City
Public Facilities Fee for the actual costs expended by Temeku Hills for the design and
construction of a park within the Project (as evidenced by actual third party invoices), including
a reasonable overhead burden of 10% of such actual costs (the "Park Fee Credits"). As a result
of the Park Fee Credits, the Park and Recreation Impact Fees, including the Development
Agreement Fee, otherwise paid by Temeku Hills (or any other Owner within the Project) as a
component of the City Public Facilities Fee shall be eliminated until such time as the Park Fee
Credits have been exhausted.
C. Temeku Hills is also the owner of an 18-hole golf course adjacent to the Project,
more particularly described in Exhibit "B" attached hereto and incorporated herein by this
reference (the "Golf Course"). The Golf Course will provide additional recreational
opportunities for Temecula residents. City is interested in obtaining from Temeku Hills
discounted rates for its residents to play the Golf Course in order to increase the availability of
these recreational activities and, pursuant to the terms and conditions of this Agreement, Temeku
Hills is willing to grant such discounted rates in exchange for additional Park Fee Credits equal
to the value of such discounted rates for each year this Agreement is in effect.
NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and incorporated herein, the parties agree:
OPERATIVE PROVISIONS
1. Temecula Residents Discounts.
(a) Temeku Hi!l.~ shah offer all City residents, upon presentation of
satisfactory proof of such residency (as may be reasonably determined by Temeku Hills and
City), and only during the Discount Periods (as deftned in Paragraph 2 below), discounts to play
the Golf Course (the "Resident Golf Discounts") equal to: (a) twenty-one percent (21%) of the
amount for green fees only (currenfiy $24 per goffer per round), and specifically not for golf
cart rentals (currenfiy $11 per golfer per round), as the same m_ny exist from time to time, on
Mondays through Fridays ("Weekdays"); and Co)eighteen percent (18%) of the amount for green
fees only (currenfiy $38 per golfer per round), and specifically not for golf cart rentals (currenfiy
$11 per golfer per round), as the same may exist from time to time, on Saturdays and Sundays
("Weekends"). The Resident Golf Discounts shall be rounded either up or down to the closest
dollar. Based on these current green fees, the Resident Golf Discounts would be $5 per golfer
per round on Weekdays, and $7 per golfer per round on Weekends.
(b) Persons exercising the Resident Golf Discounts shall be subject to space
availability on a first come, first served basis at the Golf Course during the Discount Periods
(as deftned in Paragraph 2 below) and shah not apply to the cost of golf cart rentals or any other
services offered at the Goff Course from time to time.
(c) Temeku Hills reserves the right to increase or decrease green fees at any
time, and from time to time, in its sole and absolute discretion; provided, however, the
percentages determining the Resident Golf Discounts as set forth in subparagraph l(a) above
shall apply to the green fees as they may be determined by Temeku Hills, and as they may exist,
from time to time.
2. Discount Periods Schedule. The Resident Golf Discounts shall be available to
Temecula residents only at the following days and times (the "Discount Periods"):
(a) Weekdays before 7:30 a.m. all year long (for Discount Periods of .5 hours
for weekdays during the months of November through April ("Winter Months"), and 1.0 hour
for weekdays during the months of May through October ("Sununer Months"));
Co) Weekdays from 10:00 a.m to 12:30 p.m. during Winter Months (for
Discount Periods of 2.5 hours for weekdays during Winter Months);
(c) Weekdays from 11:00 a.m to 1:30 p.m. during Summer Months (for
Discount Periods of 2.5 hours for weekdays during Summer Months);
(d) Weekends from 10:30 a.m. to 12:30 p.m. during Winter Months (for
Discount Periods of 2 hours for weekend days during Winter Months); and
GOLF2.AGM/1 8536.001/1001~/ -2-
(e) Weekends from 11:00 a.m to 1:30 p.m. during Summer Months (for
Discount Periods of 2.5 hours for weekend days during Summer Months).
3. Temecula Residents Reservations. In order to more fully utilize the Resident Golf
Discounts during Discount Periods, City residents shall have the right to make reservations for
two (2) or more golfers eight (8) days in advance for tee times at the Golf Course during
Discount Periods. Non-City residents shall have the right to make reservations for two (2) or
more golfers seven (7) days in advance for tee times at the Golf Course during Discount
Periods.
4. Amount of Park Fee Credits.
(a) City and Temeku Hills hereby understand and agree that for purposes of
this Agreement 28 golfers per hour could be accommodated during Discount Periods. Based
thereon, the value of the Resident Golf Discounts for any particular year shall be determined as
follows:
Weekdays. On a monthly basis, multiply 28 golfers per hour by the
number of hours per day the Weekday Resident Golf Discount is available (3 hours for Winter
Months and 3.5 hours for Summer Months). Then, multiply such amount by the number of
Weekdays in that month and, then, multiply such product by the amount of the then applicable
Weekday Resident Golf Discount (currently $5). This calculation provides the value of the
Weekday Resident Golf Discount for that month. The value of the Weekday Resident Golf
Discount for any given year is determined by adding together the value of the Weekday Resident
Golf Discounts for each month in that year.
Weekends. On a monthly basis, multiply 28 golfers per hour by the
number of hours per day the Weekend Resident Golf Discount is available (2 hours for Winter
Months and 2.5 hours for Summer Months). Then, multiply such amount by the number of
Weekend days in that month and, then, multiply such product by the amount of the then
applicable Weekend Resident Golf Discount (currently $7). This calculation provides the value
of the Weekend Resident Golf Discount for that month. The value of the Weekend Resident
Golf Discount for any given year is determined by adding together the value of the Weekend
Resident Golf Discounts for each month in that year.
The combined value of the Weekday and Weekend Resident Golf Discounts
for any given year shall be referred to hereinafter collectively as the "Annual Resident Golf
Discounts Value." Based on current green fees only ($24 and $38 per golfer per round for
Weekdays and Weekends, respectively) and the corresponding current Resident Golf Discounts
($5 and $7 per golfer per round for Weekdays and Weekends, respectively), the Annual Resident
Golf Discounts Value for the first year of this Agreement is $164,724 (as calculated and shown
as the "Grand Total" on Exhibit "C" attached hereto and incorporated herein by this reference).
GOLF2.AG~I 85~6.001/1001~7 =3=
Co) City and Temeku Hills hereby understand and agree that Temeku Hills
shall receive, on an annual basis, additional Park Fee Credits in the amount of seventy-five
pement (75%) of the Annual Resident Golf Discounts Value (as shown as a "Grand Total" of
$164,724 on Exhibit "C" for the fu~t year of this Agreement), as the same may be modified in
accordance with subparagraph 4(c) below. Based on the foregoing, and absent any modification
in accordance with subparagraph 3(c) below, Temeku Hills shall receive additional Park Fee
Credits in the amount of $123,543 (.75 x $164,724) for the first year of this Agreement.
(c) Temeku Hills shall have the fight, once a year during the term of this
Agreement, and upon written notice delivered to City pursuant to Paragraph 8 below, to cause
an adjustment in the amount of the benefit of the then applicable Annual Resident Golf Discounts
Value (with a corresponding adjustment in the amount of additional Park Fee Credits for such
year) by: (i) increasing, in its sole and absolute discretion, the percentages determining the
Resident Golf Discounts; and/or (ii) increasing or decreasing the green fees determining the
Resident Golf Discounts (although Temeku Hills shall have the unilateral fight to increase or
decrease green fees for the Golf Course as often as Temeku Hills shall determine in its sole and
absolute discretion). Within thirty (30) days of City's receipt of any such notice (including a
proposed and revised Exhibit "C" showing the calculation of the ,~nnual Resident Golf Discounts
Value), City shall verify and acknowledge in writing the recalculated amount of the Annual
Resident Golf Discounts Value (along with the corresponding adjustment in the amount of
additional Park Fee Credits for such year).
(d) Notwithstanding the provisions of subparagraph 4(c) above, upon written
notice from Temeku Hills within thirty (30) days of each anniversary date of this Agreement
(including a proposed and revised Exhibit "C' showing the calculation of the Annual Resident
Golf Discounts Value for the upcoming year), City shall verify and acknowledge in writing the
amount of the ,~nnual Resident Coif Discounts Value for the upcoming year (along with the
corresponding adjustment in the smount of additional Park Fee Credits for such year).
5. Use of Park Fee Credits. As a result of the additional Park Fee Credits obtained
by Temeku Hills pursuant to the terms of this Agreement, the Park and Recreation Impact Fees,
including the Development Agreement Fee, paid as by Temeku Hills (or any other Owner in the
Project) as a component of the City Public Facilities Fee shall be eliminated until such time as
these additional Park Fee Credits have been exhausted.
6. Accountine of Park Fee Credits. City shall maintain books and records
accounting for the balance of the Park Fee Credits, as the same may be used from time to time
by Temeku Hills (or other Owners within the Project) as set forth in Section 5 above, and upon
written request, shall provide Temeku Hills with a written report accounting for the use of the
Park Fee Credits to date.
GOLF2.A~3M/18536.001/100197 -4-
(a) The term of this Agreement shall commence on November 1, 1997 and
shall extend for a period of four (4) years. Thereafter, upon mutual written consent of the
parties hereto, this Agreement may be extended from year to year.
Co) This Agreement shall terminate and be of no force and effect upon the
occurrence of the entry of a final judgment or issuance of the final order after exhaustion of any
appeals, directed against the City as a result of any lawsuit filed aguinst directing the City to set
aside, withdraw, or abrogate the approval by the City Council of the City of this Agreement.
8. 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 and presumed delivered
upon actual receipt by personal delivery or within three. (3) days following deposit thereof in
United States Mail. Notice required to be given to City shall be addressed as follows:
To City:
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Attention: City Clerk
With a copy W:
Peter M. Thorson, City Attorney
Richards, Watson & C-ershon
A Professional Corporation
333 So. Hope Street, 38th Floor
Los Angeles, CA 90071-1469
Notices required to be given to Owner shall be addressed as follows:
To Owner:
Temeku Hills Development Partners, L.P.
2727 Hoover Avenue
National City, CA 91950
Attention: James H. Hunter, Senior Vice President
With a copy to:
Lorenz A!hadeff Cannon & Rose, I.LP
27555 Ynez Road, Suite 203
Temecula, CA 92591
Attention: Samuel C. Alhadeff, Esq.
A party may change the address by giving notice in writing to the other party in the manner
provided for herein, and thereafter notices shall be addressed and transmitted to the new
address.
OOLF2.AOM/18536.001/100197 -5-
9. Miscellaneous Provisions.
(a) If legal action by either party is brought because of breach of this
Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to
reasonable attorneys fees and court costs.
Co) This Agreement sets forth and contains the entire understanding and
agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements which are not contained or expressly
referred to herein. No testimony or evidence of any such representations, understandings or
covenants shall be admissible in any proceeding of any kind or nature to interpret or
determine the terms or conditions of this Agreement.
(c) 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 to the extent such remaining provisions are not rendered impractical to
perform taking into consideration the purposes of this Agreement. Notwithstanding the
foregoing, the provision of the Public Benefits set forth in Section 12 of this Agreement,
including the payment of the fees set forth therein, are essential elements of this Agreement
and City would not have entered into this Agreement but for such provisions, and therefore
in the event such provisions are determined to be invalid, void or unenforceable, this entire
Agreement shall be null and void and of no force and effect whatsoever.
(d) This Agreement and any dispute arising hereunder shall be governed
and interpreted in accordance with the laws of the State of California. This Agreement shall
be construed as a whole according to its fair language and common meaning to achieve the
objectives and purposes of the parties hereto, and the rule of construction to the effect that
ambiguities are to be resolved against the draining party shall not be employed in interpreting
this Agreement, all parties having been represented by counsel in the negotiation and
preparation hereof.
(e) All section headings and subheadings are inserted for convenience only
and shall not affect any construction or interpretation of this Agreement.
(f) As used herein, the singular of any word includes the plural.
(g) Time is of the essence in the performance of the provisions of this
Agreement as to which time is an element.
(h) Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its
rights upon the default of the other party, shall not constitute a waiver of such party's right
to insist and demand strict compliance by the other party with the term.~ of this Agreement
thereafter.
OOLF2.AOM/I 8536.001/100197
(i) This Agreement is made and entered into for the sole protection and
benefit of the parties and their successors and assigns. No other person shall have any right
of action based upon any provision of this Agreement.
(j) The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequem performance by the party benefitted
thereby of the covenants to be performed hereunder by such benefitted party.
(k) The burdens of this Agreemere shall be binding upon, and the benefits
of this Agreement shall inure to, all successors in interest to the parties to this Agreement.
(1) This Agreement .may be executed by the parties in counterparts, which
counterparts shall be construed together and have the same effect as if all of the parties had
executed the same insmunent.
(m) Any action at law or in equity arising under this Agreement or brought
by an party hereto for the purpose of enforcing, construing or determining the validity of any
provision of this Agreement shall be fried and tried in the Superior Court of the County of
Riverside, State of California, and the parties hereto waive all provisions of law providing
for the f'fiing, removal or change of venue to any other court.
(n) Each of the parties shall cooperate with and provide reasonable
assistance to the other to the extent contemplated hereunder in the performance of all
obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with
acknowled~cn'nent or affidavit ff reasonably required, and file or record such required
instruments and writings and take any actions as may be reasonably necessary under the
terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement
or to evidence or consummate the transactions contemplated by this Agreement.
(o) Each party hereto expressly warrants and represents that he/she/they
has/have the authority to execute this Agreement on behalf of his/her/their corporation,
parmership, business entity, or governmental entity and warrants and represents that
he/she/they has/have the authority to bind his/her/their entity to the performance of its
obligations hereunder.
GOLF2.AGM/I 8S36.001/10019'/ -'7-
IN WITNESS WHEREOF this Agreement has been executed by the authorized
representatives of the parties hereto.
"CITY"
City of Temecuh
ATrF_,ST:
By:
Patricia H. Birdsall, Mayor
June S. Greek, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
"OWNER"
Temeku Hills:
Temeku Hills Development Partners, L.P.,
a California limited parmership
By:
McMillin Project Services, Inc.,
a California corporation, as Attorney-in-fact
Under Durable Power of Attorney
By:
Its:
By:
Its:
Cd3LF2.A~3M/1 8Y~6.0011100197 -8-
EXHIBIT "A"
Legal Deseri, pfion of Project
GOLF2.AGM/I 8536.001/100197
EXHIBIT A
PARCEL A:
PARCELS I THROUGH 5, INCLUSIVE, AS SHOWN BY PARCEL MAP NO. 21884,
ON FILE IN BOOK 144 PAGES 24 THROUGH 33, INCLUSIVE, AND AMENDED BY
MAP ON FILE IN BOOK 152 PAGES 22 THROUGH 31, INCLUSIVE, OF PARCEL
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPTING THEREFROMANYPORTION LYING WITHIN TRACT 23371-1 AS SHOWN
BY MAP ON FILE IN BOOK 216 PAGES 8 THROUGH 16, INCLUSIVE, OF MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
ALSO EXCEPTING THEREFROMANY PORTION LYING WITHIN TRACT 23371-2 AS
SHOWN BY MAP ON FILE IN BOOK 219 PAGES 18 THROUGH 25, INCLUSIVE, OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
ALSO EXCEPTING THEREFROMANYPORTION LYING WITHIN TRACT 23371-3 AS
SHOWN BY MAP ON FILE IN BOOK 222 PAGES 99 THROUGH 113, INCLUSIVE,
OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
ALSO EXCEPTING-THEREFROMANYPORTION LYING WITHIN TRACT 23371-4 AS
SHOWN BY MAP ON FILE IN BOOK 223 PAGES i THROUGH 9, INCLUSIVE, OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
ALSO EXCEPTING THEREFROMANY PORTION LYING WITHIN TRACT 23371-5 AS
SHOWN BY MAP ON FILE IN BOOK 224 PAGES 50 THROUGH 56, INCLUSIVE, OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
ALSO EXCEPTING THEREFROMANY PORTION LYING WITHIN TRACT 23371-6 AS
SHOWN BY MAP ON FILE IN BOOK 265 PAGES 37 THROUGH 41, INCLUSIVE, OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
ALSO EXCEPTING THEREFROMANYPORTION LYING WITHIN TRACT 23371-15 AS
SHOWN BY MAP ON FILE IN BOOK 260 PAGE(S) I THROUGH 9, INCLUSIVE, OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL B:
LOT 8 OF TRACT 23371-1, AS SHOWN BY MAP ON FILE IN BOOK 216 PAGE(S)
8 THROUGH 16, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL C:
LOTS 11 THROUGH 14, 16 THROUGH 20, 35 THROUGH 37 AND 39 THROUGH 41
OF TRACT NO. 23371-2, AS SHOWN BY MAP ON FILE IN BOOK 219 PAGE(S)
18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL C1:
~ PORTION OF LOTS 3 THROUGH 10 INCLUSIVE AND LOTS 21 THROUGH 34
INCLUSIVE, ALL AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF SAID LOTS 3 THROUGH 10 INCLUSIVE AND LOTS 21
THROUGH 34 INCLUSIVE, LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINE;
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 2 OF SAID TRACT 23371-
2 SAID CORNER BEING ON SOUTHERLY 28.50 FOOTHALF-WIDTH SIDELINE OF
ROYAL BIRKDALE DRIVE AS SHOWN ON TRACT 23371-1 ON FILE IN BOOK 216
PAGE(S) 8 THROUGH 16 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA;
THENCE ALONG THE EASTERLY LINE OF SAID LOTS 2 AND 3, SOUTH 10° 32'
21" WEST 49.67 FEET;
THENCE LEAVING SAID EASTERLY LINES SOUTH 25° 30' 20" WEST 85.95
FEET;
THENCE SOUTH 21" 15' 54" WEST 84.73 FEET TO THE NORTHERLY LINE OF
LOT 4 OF SAID TRACT 23371-2;
THENCE SOUTH 18" 00' 32" WEST 50.31 FEET TO THE NORTHERLY LINE OF
LOT 5 OF SAID TRACT 23371-2,
THENCE SOUTH 12" 06' 16" WEST 50.48 FEET TO THE NORTHERLY LINE OF
LOT 6 OF SAID TRACT 23371-2;
THENCE SOUTH 12° 06' 16" WEST 49.09 FEET TO THE NORTHERLY LINE OF
LOT 7 OF SAID TRACT 23371-2;
THENCE 14° 09' 10" WEST 57.42 FEET TO THE NORTHERLY LINE OF LOT 8
OF SAID TRACT 23371-2;
THENCE SOUTH 14" 09' 10" WEST 62.60 FEET TO THE NORTHEASTERLY LINE
OF LOT 9 OF SAID TRACT 23371-2;
THENCE SOUTH 34" 56' 02" WEST 62.44 FEET TO THE NORTHEASTERLY LINE
OF SAID LOT 10;
THENCE SOUTH 48" 52' 24" WEST 62.28 FEET TO THE NORTHEASTERLY LINE
OF SAID LOT 11 OF SAID TRACT 23371-2;
THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT 11 SOUTH 49" 07'
13" EAST 4.51 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 11;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 21 SOUTH 61" 00'
55" EAST 61.06 FEET;
THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 27° 02' 23" EAST 49.73
FEET TO THE NORTHWESTERLY LINE OF LOT 22 OF SAID TRACT 23371-2;
THENCE SOUTH 9~ 52' 34" EAST 28.28 FEET;
THENCE SOUTH 4° 49' 56" WEST 80.24 FEET TO THE NORTHERLY LINE OF
LOT 23 OF SAID TRACT 23371-2;
THENCE SOUTH 9" 22' 35" WEST 46.27 FEET TO THE NORTHERLY LINE OF
LOT 24 OF SAID TRACT 23371-2;
THENCE SOUTH 10" 29' 01" WEST 47.13 FEET TO THE NORTHERLY LINE OF
LOT 25 OF SAID TRACT 23371-2;
THENCE SOUTH 11" 47' 33" WEST 49.07 FEET TO THE NORTHERLY LINE OF
LOT 26 OF SAID TRACT 23371-2;
THENCE SOUTH 8" 03' 57" WEST 51.35 FEET TO THE NORTHERLY LINE OF
SAID LOT 27 OF SAID TRACT 23371-2;
THENCE SOUTH 9° 30' 46" WEST 51.21 FEET TO THE NORTHERLY LINE OF
LOT 28 OF SAID TRACT 23371-2~
THENCE SOUTH 15° 56' 36" WEST 51.01 FEET TO THE NORTHERLY LINE OF
LOT 29 OF SAID TRACT 23371-2;
THENCE SOUTH 16° 35' 07" WEST 51.03 FEET TO THE NORTHERLY LINE OF
LOT 30 OF SAID TRACT 23371-2;
THENCE SOUTH 18e 16' 10" WEST 51.10 FEET TO THE NORTHERLY LINE OF
LOT 31 OF SAID TRACT 23371-2;
THENCE SOUTH 7° 34' 54" WEST 51.40 FEET TO THE NORTHERLY LINE OF
LOT 32 OF SAID TRACT 23371-2;
THENCE SOUTH 5° 44' 05" WEST 50.63 FEET TO THE NORTHERLY LINE OF
LOT 33 OF SAID TRACT 23371-2;
THENCE SOUTH 12e 50' 29" WEST 43.80 FEET;
THENCE SOUTH 29° 21' 59" WEST 35.98 FEET TO THE NORTHEASTERLY LINE
OF SAID LOT 34;
THENCE SOUTH 29° 21' 59" WEST 43.34 FEET;
THENCE SOUTH 43e 38' 43" WEST 43.01 FEET TO THE MOST SOUTHERLY
CORNER OF SAID LOT 34, SAID CORNER ALSO BEING THE POINT OF
TERMINATION.
PARCEL C2:
ALL OF LOT I AND A PORTION OF LOT 2 AS SHOWN ON TRACT 23371-2 ON
FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT i PER SAID TRACT
23371-2;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT NORTH 18~ 55' 57"
EAST 33.88 FEET;
THENCE NORTH 32~ 30' 00" EAST 84.69 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID LOT 1;
THENCE ALONG SAID NORTHERLY LINE AND NORTHERLY LINE OF SAID LOT 2
SOUTH 79~ 31' 11" EAST 64.69 FEET;
THENCE LEAVING SAID NORTHERLY LINES SOUTH 15" 00' 16" WEST 20.63
FEET;
THENCE SOUTH 44~ 23' 36" WEST 102.73 FEET TO THE SOUTHEASTERLY
CORNER OF SAID LOT 1 SAID CORNERALSO BEING THEBEGINNING OF A NON-
TANGENT 42.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL BEARS
NORTH 32° 30' 00" EAST;
THENCE NORTHWESTERLYALONGTHEARC OF SAID CURVE AND THE SOUTHERLY
LINE OF SAID LOT i THROUGH A CENTRAL ANGLE OF 60~ 40' 00" A
DISTANCE OF 45.00 FEET, TO THE POINT OF BEGINNING.
PARCEL C3
A PORTION OF LOT 2 AND A PORTION OF LOT 3 AS SHOWN ON TRACT 23371-2
ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY
DESCRIBEDAS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 2;
THENCE NORTH 44° 23' 36" EAST 102.73 FEET;
THENCE NORTH 15° 00' 16" EAST 20.63 FEET TO THE NORTHERLY LINE OF
SAID LOT 2;
THENCE ALONG SAID LINE SOUTH 79° 31' 11" EAST 62.20 FEET TO THE
EASTERLY LINE OF SAID LOT 2;
THENCE ALONG SAID LINE AND THE EASTERLY LINE OF SAID LOT 3 SOUTH
10° 32' 21" WEST 49.67 FEET;
THENCE LEAVING SAID LINE SOUTH 25" 30' 20" WEST 85.95 FEET;
THENCE NORTH 85~ 45' 22" WEST 72.93 FEET, TO A POINT ON THE
NORTHEASTERLY VARIED WIDTH SIDELINE OF COLONIAL COURT AS SHOWN ON
SAID MAP, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 42.50
FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL BEARS SOUTH 85° 45'
22" EAST;
THENCE NORTHWESTERLY ALONGTHEARC O~ SAID CURVE THROUGH A CENTRAL
ANGLE OF 61" 44' 36" A DISTANCE OF 45.80 FEET, TO THE POINT OF
BEGINNING.
PARCEL C4
A PORTION OF LOT 3 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3 SAID CORNER
BEING ON THE EASTERLY VARIED WIDTH SIDELINE OF COLONIAL COURT AS
SHOWN ON SAID TRACT 23371-2;
THENCE ALONG SAID SIDELINE NORTH 44" 35' 48" EAST 44.37 FEET TO THE
BEGINNING OF A TANGENT 42.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY;
THENCE CONTINUING NORTHEASTERLY AND NORTHERLY ALONG SAID SIDELINE
AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40° 21'
12" A DISTANCE OF 29.93 FEET;
THENCE LEAVING SAID SIDELINE SOUTH 85° 45' 22" EAST 72.93 FEET;
THENCE SOUTH 21° 15' 54" WEST 84.73 FEET TO THE SOUTHERLY LINE OF
SAID LOT 3;
THENCE ALONG SAID SOUTHERLY LINE NORTH 73" 00' 00" WEST 89.17 FEET
TO POINT OF BEGINNING.
PARCEL C5
A PORTION OF LOT 4 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 4 PER SAID TRACT
23371-2, SAID CORNER BEING ON THEEASTERLY VARIED WIDTHSIDELINEOF
COLONIAL COURT AS SHOWN ON SAID TRACT 23371-2 ALSO BEING THE
BEGINNING OF A 105.50 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A
RADIAL BEARS NORTH 71° 03' 56" WEST;
THENCE NORTHEASTERLY ALONGTHEARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 25~ 39' 44" A DISTANCE OF 47.25 FEET;
THENCE NORTH44° 35' 48" EAST 5.63 FEET TOT HE NORTHWESTERLY CORNER
OF SAID LOT 4~
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 SOUTH 73° 00' 00"
EAST 89.17 FEET;
THENCE LEAVING SAID LINE SOUTH 18° 00' 31" WEST 50.31 FEET TO THE
NORTHERLY LINE OF LOT 5 PER SAID TRACT 23371-2~
THENCEALONG SAID NORTHERLY LINE NORTH 73° 00' 00" WEST 102.83 FEET
TO THE POINT OF BEGINNING.
PARCEL C6:
A PORTION OF LOT 5 ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18
THROUG"H 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 5 SAID CORNER
BEING ON THE EASTERLY 22.50 FOOT HALF WIDTH SIDELINE OF COLONIAL
COURT AS SHOWN ON SAID TRACT 23371-2;
THENCE ALONG SAID SIDELINE NORTH 17° 00' 00" EAST 46.74 FEET TO THE
BEGINNING OF A TANGENT 105.50 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHEASTERLY ALONGTHEARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE 01° 56' 04" A DISTANCE OF 3.56 FEET;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 5 SOUTH 73° 00' 00"
EAST 102.83 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 12° 06' 16" WEST 50.48
FEET TO THE NORTHERLY LINE OF LOT 6 PER SAID TRACT 23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 6 NORTH 73° 00' 00"
WEST 107.20 FEET TO THE POINT OF BEGINNING.
PARCEL C7:
A PORTION OF LOT 6 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 6 SAID CORNER
BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF COLONIAL
COURT AS SHOWN ON SAID TRACT 23371-2;
THENCE ALONG SAID SIDELINE NORTH 13° 45' 00" EAST 27.58 FEET TO THE
BEGINNING OF A TANGENT 477.50 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONGTHEARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 3° 15' 00" A DISTANCE OF 27.09 FEET;
THENCE NORTH 17° 00' 00" EAST 0.50 FEET, TO THE NORTHWESTERLY
CORNER OF SAID LOT 6;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6 SOUTH 73° 00' 00"
EAST 107.20 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 6 SOUTH 12° 06' 16"
WEST 49.09 FEET TO THE NORTHERLY LINE OF LOT 7 PER SAID TRACT
23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 7 NORTH 76° 15' 00"
WEST 109.23 FEET TO THE POINT OF BEGINNING.
PARCEL C8:
A PORTION OF LOT 7 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 7, SAID CORNER BEING
ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF COLONIAL COURT AS
SHOWN ON SAID TRACT 23371-2 SAID CORNERALSO BEING THE BEGINNING OF
A 362.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL BEARS
SOUTH 71° 26' 53" EAST;
THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 4° 48' 07" A DISTANCE OF 30.38 FEET;
THENCE CONTINUING ALONG SAID SIDELINE NORTH 13" 45' 00" EAST 17.85
FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 7;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 7 SOUTH 76° 15' 00"
EAST 109.23 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 7 SOUTH 14° 09' 10"
WEST 57.45 FEET TO THE NORTHERLY LINE OF LOT 8 PER SAID TRACT
23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 8 NORTH 71" 26' 53"
WEST 110.49 FEET TO THE POINT OF BEGINNING.
PARCEL C9:
A PORTION OF LOT 8 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 8 SAID CORNER
BEING ON THE 22.50 FOOT HALF-WIDTH SIDELINE OF COLONIAL COURT AS
SHOWN ON TRACT 23371-2 SAID CORNER BEING THE BEGINNING OF A 362.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY A RADIAL BEARS SOUTH 64"
00' 19" EAST;
THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 7° 26' 33" A DISTANCE OF 47.09 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 8;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 8 SOUTH 71° 26' 53"
EAST 110.49 FEET;
THENCE SOUTH 14" 09' 10" WEST 62.60 FEET TO THE NORTHEASTERLY LINE
OF LOT 9 PER SAID TRACT 23371-2;
THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT 9 NORTH 64" 00'
19" WEST 119.35 FEET TO THE POINT OF BEGINNING.
PARCEL C10:
A PORTION OF LOT 9 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 9, SAID CORNER
BEING ON THE 22.50 FOOT HALF-WIDTH SIDELINE OF COLONIAL COURT AS
SHOWN ON TRACT 23371-2 SAID CORNER BEING THE BEGINNING OF A 362.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY A RADIAL BEARS SOUTH 56°
33' 46" EAST;
THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 7° 26' 33" A DISTANCE OF 47.09 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 9;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 9 SOUTH 64° 00' 19"
EAST 119.35 FEET;
THENCE LEAVING SAID NORTHEASTERLY LINE OF SAID LOT 9 SOUTH 34" 56'
02" WEST 62.44 FEET TO THE NORTHEASTERLY LINE OF LOT 10 PER SAID
TRACT 23371-2;
THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT 10 NORTH 56° 33'
46" WEST 113.66 FEET TO THE POINT OF BEGINNING.
PARCEL Cl1:
A PORTION OF LOT 10 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 10, SAID CORNER
BEING ON THE 22.50 FOOT HALF-WIDTH SIDELINE OF COLONIAL COURT AS
SHOWN ON SAID TRACT 23371-2 AND THE BEGINNING OF A 362.50 FOOT
RADIUS CURVE CONCAVENORTHWESTERLY A RADIALBEARS SOUTH49~ 07' 13"
EAST;
THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 7" 26' 33" A DISTANCE OF 47.09 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 10;
THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT 10 SOUTH 56" 33'
46" EAST, 113.66 FEET;
THENCE LEAVING SAID NORTHEASTERLY LINE OF SAID LOT 10 SOUTH 48" 52'
24" WEST, 62.28 FEET TO THE NORTHEASTERLY LINE OF LOT 11 PER SAID
TRACT 23371-2;
THENCE ALONG SAID NORTHEASTERLY LINE NORTH 49" 07' 13" WEST 100.99
FEET TO THE POINT OF BEGINNING.
PARCEL C12:
A PORTION OF LOT 15, AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, WITHIN THE CITY OF TEMECULA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 15;
THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 15, NORTH 79° 12' 53"
WEST, 77.00 FEET;
THENCE, LEAVING SAID SOUTHERLY LINE OF SAID LOT 15, NORTH 1" 24'
42" EAST, 30.38 FEET;
THENCE NORTH 7" 13' 00" EAST 47.54 FEET TO THE WESTERLY LINE OF
SAID LOT 15;
THENCE, ALONG-SAID WESTERLY LINE OF SAID LOT 15, NORTH 21° 41' 36"
EAST, 30.00 FEET;
THENCE CONTINUING ALONG SAID LINE, NORTH 36° 55' 48" EAST, 32.00
FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 15, SAID CORNER BEING
THE BEGINNING OF A NON-TANGENT 42.50 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIAL BEARING OF SOUTH 87° 46' 41" EAST,
SAID CURVE BEING THE SIDELINE OF VARIED WIDTH COLONIAL COURT, AS
SHOWN ON SAID TRACT 23371-2, SAID CURVE ALSO BEING THE
NORTHEASTERLY LINE OF SAID LOT 15;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE
AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 48 ~ 37' 53",
A DISTANCE OF 36.07 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT
15;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 15, SOUTH 1° 15' 43"
EAST, 46.57 FEET; ·
THENCE CONTINUING ALONG SAID LINE, SOUTH 18" 00' 00" EAST, 71.00
FEET TO THE POINT OF BEGINNING.
PARCEL C13:
A PORTION OF LOT 21 AS SHOWN ON TRACT 23371-2, AS SHOWN BY MAP ON
FILE IN BOOK 219 PAGE(S) 18 THROUG~H25, INCLUSIVE, OF MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 21 SAID CORNER
BEING ON THE NORTHERLY VARIED WIDTH SIDELINE OF CASCADES COURT PER
SAID TRACT 23371-2;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 21 NORTH 27° 16' 13"
WEST, 34.59 FEET TO THE MOST SOUTHERLY CORNER OF LOT 12 PER SAID
TRACT 23371-2;
THENCE ALONG SAID SOUTHEASTERLY LINE OF SAID LOT 12 NORTH 51° 54'
37" EAST, 58.76 FEET TO THE MOST SOUTHERLY CORNER OF LOT 11 PER
SAID TRACT 23371-2;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 11 NORTH 43" 11'
31" EAST, 60.87 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 21;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 21 SOUTH 61" 56'
54" EAST, 61.06 FEET;
THENCE LEAVING SAID NORTHEASTERLY LINE OF SAID LOT 21 SOUTH27° 02'
23" EAST, 49.73 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 21;
THENCE ALONG SAID SOUTHEASTERLY LINE OF SAID LOT 21 SOUTH 61" 00'
00; WEST, 105.53 FEET TO A POINT ON SAID VARIED WIDTH SIDELINE AND
SAID POINT BEING THE BEGINNING OF A NON-TANGENT 42.50 FOOT RADIUS
CURVE CONCAVE SOUTHWESTERLY, A RADIALBEARS NORTH61~ 00' 00" EAST;
THENCE NORTHWESTERLY AND WESTERLY ALONG SAID SIDE LINE, THE
SOUTHERLY LINE OF SAID LOT 21 AND THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 65" 15' 00" A DISTANCE OF 48.48 FEET;
THENCE LEAVING SAID ARC SOUTH 4" 15' 00" EAST, 3.50 FEET TO A POINT
ON A NON-TANGENT 39.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A
RADIAL BEARS NORTH 4~ 15' 00" WEST;
THENCE CONTINUING SOUTHWESTERLYALONGTHEARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 24" 15' 00" A DISTANCE OF 16.51 FEET TO THE
POINT OF BEGINNING.
PARCEL C14:
A PORTION OF LOT 22 AS SHOWN ON TRACT 23371-2, AS SHOWN BY MAP ON
FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 22, SAID CORNER
BEING ON THE NORTHERLY LINE VARIEDWIDTHSIDELINEOF CASCADES COURT
PER SAID TRACT 23371-2;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 22 NORTH 61° 00'
00# EAST, 105.53 FEET;
THENCE LEAVING SAID NORTHWESTERLY LINE OF SAID LOT 22 SOUTH 9° 52'
34" EAST, 28.28 FEET;
THENCE SOUTH 04° 49' 56" WEST, 8D.24 FEET TO THE NORTHERLY LINE OF
LOT 23 PER SAID TRACT 23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 23 NORTH 75" 24' 14"
WEST, 90.12 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 23, SAID'
CORNER BEING THE BEGINNING OF A NON-TANGENT 42.50 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY, A RADIAL BEARS SOUTH 71° 41' 06"
EAST;
THENCE NORTHERLY AND NORTHWESTERLY ALONG THE EASTERLY SIDELINE OF
SAID CASCADES COURT AND THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 47" 18' 54", A DISTANCE OF 35.10 FEET TO THE POINT OF
BEGINNING.
PARCEL C15:
A PORTION OF LOT 23 AS SHOWN ON TRACT 23371-2, AS SHOWN BY MAP ON
FILE IN BOOK 219 PAGE(S) 18 THROUG~H 25, INCLUSIVE, OF MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 23, SAID CORNER
BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF CASCADES
COURT PER SAID TRACT 23371-2, SAID CORNER ALSO BEING THE BEGINNING
OF A 1577.50 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL BEARS
NORTH 73° 21' 03" WEST;
THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 01° 39' 57", A DISTANCE OF 45.68 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 23;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 23, SOUTH 75° 24' 14"
EAST, 90.12 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 23 SOUTH 9" 22' 35"
WEST, 46.27 FEET TO THE NORTHERLY LINE OF LOT 24 PER SAID TRACT
23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 24 NORTH 75" 15' 00#
WEST, 96.64 FEET TO THE POINT OF BEGINNING.
PARCEL C16:
A PORTION OF LOT 24 AS SHOWN ON TRACT 23371-2, AS SHOWN BY MAP ON
FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 24, SAID CORNER
BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF CASCADES
COURT, PER SAID TRACT 23371-2, SAID CORNERALSO BEINGTHE BEGINNING
OF A 1577.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL BEARS
NORTH 75° 03' 29" WEST;
THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 1° 42' 27", A DISTANCE OF 47.01 FEET TO
THE NORTHWESTERLY CORKER OF SAID LOT 24;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 24 SOUTH 75° 15' 00"
EAST, 96.64 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 24 SOUTH 10° 29' 01"
WEST, 47.13 FEET TO THE NORTHERLY LIEN OF LOT 25 PER SAID TRACT
23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 25 NORTH 75~ 15' 00"
WEST, 101.00 FEET TO THE POINT OF BEGINNING.
PARCEL C17:
A PORTION OF LOT 25 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF AID LOT 25, SAID CORNER
BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF CASCADES
COURT, PER SAID TRACT 23371-2;
THENCE ALONG SAID SIDELINE NORTH 14" 45' 00" EAST, 43.72 FEET TO
THE BEGINNING OF A TANGENT 1577.50 FOOT RADIUS CURVE, CONCAVE
EASTERLY;
THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF AID CURVE
THROUGH A CENTRAL ANGLE OF 0" 11' 31" A DISTANCE OF 5.28 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 25;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25 SOUTH 75" 15' 00"
EAST, 101.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 25, SOUTH 11° 47'
33" WEST, 49.07 FEET TO THE NORTHERLY LINE OF LOT 26 PER SAID TRACT
23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 26, NORTH 75" 15' 00"
WEST, 103.54 FEET TO THE POINT OF BEGINNING.
PARCEL C18:'
A PORTION OF LOT 26 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 26, SAID POINT
BEING ON THE EASTERLY 22.50 FOOT ~ALF-WIDTH SIDELINE OF CASCADES
COURT, PER SAID TRACT 23371-2~
THENCE ALONG SAID SIDELINE NORTH 14° 45' 00" EAST, 51.00 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 26;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 26 SOUTH 75° 15' 00"
EAST, 103.54 FEET~
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 26, SOUTH 8~ 03' 57"
WEST, 51..35 FEET TO THE NORTHERLY LINE OF LOT 27 PER SAID TRACT
23371-2~
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 27 NORTH 75~ 15' 00"
WEST, 109.52 FEET TO THE POINT OF BEGINNING.
PARCEL'C19:
A PORTION OF LOT 27 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 27, SAID CORNER
BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF CASCADES
COURT, PER SAID TRACT 23371-2~
THENCE ALONG SAID SIDELINE NORTH 14° 45' 00" EAST, 51.00 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 27~
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 27 SOUTH 75~ 15' 00"
EAST, 109.52 FEET~
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 27 SOUTH 9~ 30' 46
WEST, 51.21 FEET TO THE NORTHERLY LINE OF LOT 28 PER SAID TRACT
23371-2~
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 28 NORTH 75° 15' 00"
WEST, 114.19 FEET TO THE POINT OF BEGINNING.
PARCEL C20~
A PORTION OF LOT 28 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 28, SAID CORNER
BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH S~DELINE OF CASCADES
COURT PER SAID TRACT 23371-2~
THENCE ALONG SAID SIDELINE NORTH 14~ 45' 00" EAST, 51.00 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 28~
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 28 SOUTH 75~ 15' 00"
EAST, 114.19 FEET~
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 28 SOUTH15° 56' 36"
WEST, 51.01 FEET TO THE NORTHERLY LINE OF LOT 29 PER SAID TRACT
23371-2~
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 29 NORTH 75~ 15' 00"
WEST, 113.13 FEET TO THE POINT OF BEGINNING.
PARCEL C21:
A PORTION OF LOT 29 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 29, SAID CORNER
BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF CASCADES
COURT, PER SAID TRACT 23371-2;
THENCE ALONG SAID SIDELINE NORTH 14° 45' 00" EAST, 51.00 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 29;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 29 SOUTH 75° 15' 00"
EAST, 113.13 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 29 SOUTH 16° 35' 07"
WEST, 51.03 FEET TO THE NORTHERLY LINE OF LOT 30 PER SAID TRACT
23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 30, NORTH 75" 15' 00"
WEST, 111.50 FEET TO THE POINT OF BEGINNING.
PARCEL C22:
A PORTION OF LOT 30 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 30, SAID CORNER
BEING ON THE EASTERLY 22.50 FOOT-WIDTH SIDELINE OF CASCADES COURT
PER SAID TRACT 23371-2;
THENCE ALONG SAID SIDELINE NORTH 14° 45' 00" EAST, 51.00 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 30;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 30, SOUTH 75" 15' 00"
EAST, 111.50 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 30 SOUTH 18" 16' 10"
WEST, 51.10 FEET TO THE NORTHERLY LINE OF LOT 31 PER SAID TRACT
23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 31 NORTH 75" 15' 00"
WEST, 108.36 FEET TO THE POINT OF BEGINNING.
PARCEL C23:
A PORTION OF LOT 31 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 31, SAID CORNER
BEING ON THEEASTERLY VARIED HALF-WIDTHSIDELINEOFCASCADES COURT,
PER SAID TRACT 23371-2, SAID CORNER BEING THE BEGINNING OF A 105.50
FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL BEARS NORTH 79" 52'
17" WEST;
THENCE NORTHEASTERLY ALONG SAID SIDELINE ANDALONGTHEARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 4" 37' 17", A DISTANCE OF 8.51
FEET;
THENCE CONTINUING ALONG SAID SIDELINE NORTH 14° 45' 00" EAST, 42.50
FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 31;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 31, SOUTH 75° 15' 00"
EAST, 108.36 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 31, SOUTH 7° 34' 54"
WEST, 51.40 FEET TO THE NORTHERLY LINE OF LOT 32 PER SAID TRACT
23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 32, NORTH 75° 15' 00'
WEST, 114.43 FEET TO THE POINT OF BEGINNING.
PARCEL C24:
A PORTION OF LOT 32 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 32, SAID CORNER
BEING ONTHEEASTERLY VARIEDHALF-WIDTHSIDELINEOFCASCADES COURT,
PER SAID TRACT 23371-2;
THENCE ALONG SAID SIDELINE NORTH 1° 33' 41" WEST, 30.08 FEET TO THE
BEGINNING OF A TANGENT 105.50 FOOT RADIUS CURVE, CONCAVE EASTERLY;
THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 11" 41' 25", A DISTANCE OF 21.53 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 32;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 32, SOUTH 75° 15' 00"
EAST, 114.43 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 32 SOUTH 5" 44' 05"
WEST, 50.63 FEET TO THE NORTHERLY LINE OF LOT 33 PER SAID TRACT
23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 33 NORTH 75" 15' 00"
WEST, 110.01 FEET TO THE POINT OF BEGINNING.
PARCEL C25:
A PORTION OF LOT 33 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 33, SAID CORNER
BEING ON THEEASTERLY VARIED HALF-WIDTHSIDELINEOFCASCADES COURT,
PER SAID TRACT 23371-2, SAID CORNER BEING THE BEGINNING OF A 42.50
FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL BEARS SOUTH 66" 30'
00" EAST;
THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID SIDELINE AND ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25" 03' 41" A
DISTANCE OF 18.59 FEET;
THENCE NORTH I° 33' 41" WEST, 19.92 FEET TO THE NORTHWESTERLY
CORNER OF SAID LOT 33;
THENCE ALONG THE NORTHERLY LiNE OF SAID LOT 33, SOUTH 75~ 15' 00"
EAST, 110.01 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 33, SOUTH 12° 50'
29" WEST, 43.80 FEET;
THENCE SOUTH 29° 21' 59" WEST, 35.98 FEET TO THE NORTHEASTERLY LINE
OF LOT 34 PER SAID TRACT 23371-2;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 34, NORTH 52° 00' 00"
WEST, 104.03 FEET TO THE POINT OF BEGINNING.
PARCEL C26:
A PORTION OF LOT 34 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219
PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 34, SAID POINT
BEING ON THE SOUTHEASTERLY VARIED HALF-WIDTH SIDELINE OF CASCADES
COURT, PER SAID TRACT 23371-2, SAID CORNER BEING THE BEGINNING OF
A 42.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL BEARS
SOUTH 22° 15' 00" EAST;
THENCE NORTHEASTERLY ALONG SAID SIDELINE AND ALONG THE ARC OF SAID
CURTWE, THROUGH A CENTRAL ANGLE OF 44~ 15' 00", A DISTANCE OF 32.82
FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 34;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 34, SOUTH 52° 00'
00" EAST, 104.03 FEET;
THENCE LEAVING SAID NORTHEASTERLY LINE OF SAID LOT 34, SOUTH 29~
21' 59" WEST, 43.34 FEET;
THENCE SOUTH 43° 38' 43" WEST, 43.01 FEET TO THE MOST SOUTHERLY
CORNER OF SAID LOT 34 PER SAID TRACT 23371-2;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 34, NORTH 26° 00'
00" WEST, 123.00 FEET TO THE POINT OF BEGINNING.
PARCEL C27:
A PORTION OF LOT 15 AND LOT 38 AS SHOWN ON TRACT 23371-2, ON FILE
IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 38, SAID CORNER
ALSO BEING THE MOST NORTHERLY CORNER OF SAID LOT 15;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 38, AND THE WESTERLY
LINE OF SAID LOT 15, SOUTH 36° 55' 48" WEST, 32.00 FEET;
THENCE CONTINUINGALONG SAID EASTERLYANDWESTERLY LINES, SOUTH21"
41' 36" WEST, 30.00 FEET;
THENCE LEAVING SAID EASTERLY AND WESTERLY LINE, SOUTH 7° 13' 00"
WEST, 47.54 FEET;
THENCE SOUTH 1" 24' 42" WEST, 30.38 FEET TO THE NORTHERLY LINE OF
SAID LOT 38, SAID LINE ALSO BEING THE SOUTHERLY LINE OF SAID LOT
15;
THENCE ALONG SAID NORTHERLY AND SOUTHERLY LINE, SOUTH 79" 1~' 53"
EAST, 77.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 38;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 38, SOUTH 18° 00' 00"
EAST, 20.00 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 0° 24' 57" EAST,
112.10 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 14° 45' 00" WEST,
128.94 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 11° 21' 40" EAST,
43.06 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 38;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 38, NORTH 49° 52'
46" WEST, 16.47 FEET TO THE BEGINNING OF A NON-TANGENT 717.50 FOOT
RADIUS CURVE, CONCAVE WESTERLY, HAVING A RADIAL BEARING OF NORTH
80" 19' 36" EAST, SAID CURVE BEING THE WESTERLY LINE OF SAID LOT
38, SAID CURVE ALSO BEING THE EASTERLY 37.50 FOOT HALF -WIDTH
SIDELINE OF TEMEKU DRIVE, AS SHOWN ON SAID TRACT 23371-2;
THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE OF SAID LOT 38, SAID
EASTERLY SIDELINE OF SAID TEMEKU DRIVE, AND THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 7° 04' 36", A DISTANCE OF 88.62 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE OF SAID LOT 38, AND SAID
EASTERLY SIDELINE, NORTH 16° 45' 00" WEST, 110.00 FEET TO THE
BEGINNING OF A TANGENT 312.50 FOOT RADIUS CURVE, CONCAVE 'EASTERLY;
THENCE CONTINUING NORTHERLY AND NORTHEASTERLY ALONG SAID WESTERLY
LINE OF SAID LOT 38, SAID EASTERLY SIDELINE AND THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 45" 32' 24", A DISTANCE OF 248.38
FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 38;
THENCE ALONG THE NORTHERLY LINE, NORTH 87" 46' 41" EAST, 17.93 FEET
TO THE POINT OF BEGINNING.
PARCEL D:
LOTS 82 THROUGH 168 OF TRACT NO. 23371-3, AS SHOWN BY MAP ON FILE
IN BOOK 222 PAGE(S) 99 THROUGH 113, INCLUSI~FE, OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
PARCEL E:
LOTS i THROUGH 74 OF TRACT NO. 23371-5, AS SHOWN BY MAP ON FILE IN
BOOK 224 PAGES 50 THROUGH 56, INCLUSIVE, OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
PARCEL F:
LOTS I THROUGH 30 OF TRACT NO. 23371-6, AS SHOWN BY MAP ON FILE IN
BOOK 265 PAGE(S) 37 THROUGH 41, INCLUSIVE, OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
PARCEL
LOTS i THROUGH 27, 29, 39 THROUGH 65 AND 73 THROUGH 81, INCLUSIVE,
OF TRACT NO. 23371-3, AS SHOWN BY MAP ON FILE IN BOOK 222 PAGE(S)
99 THROUGH 113, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL H:
LOTS I THROUGH 119, INCLUSIVE, OF TRACT NO. 23371-4, AS SHOWN BY
MAP ON FILE IN BOOK 223 PAGE(S) I THROUGH 9, INCLUSIVE, OF MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
EXHIBIT "B"
Leeal Description of Golf Course
~Ot~.A~ ~s~6.omnoonn - 1 O-
EXHIBIT "B"
Le_eal Description of Golf Course
Page 1 of~
LEGAL DESCRIPTION
TEMEKU GOLF COURSE
A portion of Tract No. 23371-2, filed in Book 219 Pages 18 through 25, inclusive, of Maps. A
portion of Tract No. 23371-3 filed in Book 222 Pages 99 through 113, inclusive, of Maps. A
portion of Tract No. 23371-4 filed in Book 223 Pages 1 through 9, inclusive, of Maps. A portion
of Tract No. 23371-5 filed in book 224 pages 50 through 56, inclusive, of Maps. A portion of
Tract No. 23371-15, filed in Book 260 Pages I through 9, inclusive, of Maps, all filed in the
Office of the Recorder of Riverside County, State of California, more particularly described as
follows:
Lot 42 of said Tract No: 23371-2.
Together with:
A portion of Lots 3 through I0, inclusive, and a portion of Lots 21 through 34, inclusive, of said
Tract No. 23371-2, lying easterly of the line as adjusted by Lot Line Adjustment PA 97-0055
Recorded on May 20,1997 as Instrument No. 177466, G-rant Deed Recorded on June 23, 1997 as
Instrument No. 219513, Office of the Recorder of said County, and also shown by Records of
Survey, Book 103 Page 48, Riverside County Surveyor's Office, California.
Together with:
Lot 169 of said Tract No. 23371-3.
Together with:
Lot 120 of said Tract No. 23371-4.
Together with:
Lot 75 of said Tract No. 23371-5.
Page 2 of 2
Together with:
Lots 1 through 7 of said Tract No. 23371-15.
Lic~use exph'es 9-30-00
Date: ~ --. ~r~ _,~
7~1~1
Me 2~O,q-S %/' %, .~ '~
-~,,'...~.,.,:,'-/._ .>//
LOT 4 ~
~ ~/~ ~ g LOT T
~ C~ ~ ~ ~-9
LOT ~ ~ ~
~/I-9 LOT 75
LOT ~ ~ C~
LOT
23311-6
M6 2~O/!-e
GOlF COt~
LOT I
23371-6
kl~ 260/I-9
~/ 11. J i ~ ~ ~ ~ LOT ~9
G~F C~
EXHIBIT 'BI'
/ u=r /pr'o JcJ¢~?a/r_gr-p/ ~j.iZ ~'51/F51XD?81,agn
RICK ENQINEERINQ COMPANY
CIVIL ENGINEERS SURVEYORS PLANNERS
3050 CHICAGO AVE.. SUITE I00, RIVERSIDE., CA 92507
SCALE l"=800' I DATE SEPT, :~0, 1997
PLOT DATE= I-OCT-1997 JN 12751
I~X~ImIT "C"
TEMEKU HUJ.$ GOLF COURSE
TEMEKU RESIDENT RATE PROPOSAL
WINTER: WEEKDAYS 10:00 AM - 12.:30 PM (?.$ HRS.); BEFORE 7'30 AM (.5 HRS.)
SUMM~=R: WwI~KDAYR 11:00 AM - t:30 PM (? E HIt-~,t: rt~eFr~R~ ?:30 AM (1.0 HR~.)
JANUARY $9,660 28 golfers x 3.0 nrs. x 23 aays x $5.00
FEBRUARY $8,400 28 golfers x 3.0 hrs. x 20 clays x $5.00
MARCH $8,S20 28 golfers x :3.0 I',a. x 21 days x $5.oo
APRIL $0,240 28 golfe~ x 3.0 hm. x 22 ~ x ~.~.00
MAY $10,780 28 golfers x 3.5 hrs. x 22 da~ x $5.00
JUNE ,Ii10,290 28 golfera x ;~.5 hrs. x 21 daTs x $5.00
JULY $11,270 28 golfers x 3.5 hrs. x 23 days x $5.00
AUGUST $10,290 28 golfers x 3.5 hrs. x 21 days x
SEPTEMBER' $10,780 28 g~lfer~ x 3.5 hrs. x 22 days x $5.00
OCTOBER $11,270 28 golfers x 3.5 ~ x 23 days x $5.00
NOVEMBER $8,400 28 golfera x 3.0 hm. x 20 day~ x
DECEMBER $9,660 28 ~oifem x '3.0 hm. x 23 days x $5.00
WINTER: WEEKENDS 10:30 AM - 12:30 PM (2.0 HRS,)
SUMMJ=R: W;:FK[::Nr~ t,!:m] AM - 1:30 PM (?; HIFa-~J
JANUARY $3,136 28 golfers x 2.0 hrs. x 8 days x $7.00
FEBRUAIK¥ $3,1~ 28 goKem x 2.0 hm. x 8 day~ x $7.00
MARCH $3,920 28 golfers x 2.0 hrs. x 10 days x $7.00
APRIL $3,136 28 got'ers x 2.0 hrs. x 8 ;lays x $7.00
MAY $4,410 28 golfers x 2.5 hrs. x 9 days x $7.00
JUNE $4,410 28 golfers x 2.5 hrs. x 9 days x $7.00
JULY $3,920 28 golfers x 2.5 hm. x 8 days x $'7.00
AUGUST $4,900 28 golfers x 2.5 hrs. x 10 days x $7.00
SEPTEMBER $3,920 28 golfers x 2.5 hrs. x 8 days x $'/.00
OCTOBER $3,920 28 golfers x 2.5 hrs. x 8 days x $7.00
NOVEMBER $3,920 28 golfers x 2.0 hrs. x 10 days x $7.00
DECEMBER $3,136 28 aolfers x 2.0 hrs. x 8 days x $7.00
C:~MYDOCI ~,I~TMK~! FnS.WK4
~q~..~qep,,97 1~-'t7 PM
ATTACHMENT NO. 6
SEPTEMBER 8, 1997 PLANNING COMMISSION STAFF REPORT
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
September 8, 1997
Planning Application No. PA97-0142 (Tentative Tract Map No. 23371- Revised)
Planning Application No. PA97-0143 (Tentative Tract ~ No. 28526)
Planning Apldication No. PA97-0144 {Tentative Tract Map No. 28482)
Planning Application No. PA97-0160 (Amendment No.3 to Specific Plan No. 199)
Planning Application No. PA974)161 (General Plan Amendment)
Planning Application No. PA97-0204 (Amendment and Restatement of Development
Agreement for Specific Plan No. 199, Village "A')
Prepared By: Carole Donahoe, Project Planner
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
MAKE a Determination of Consistency With a Project for Which an
Environmental Impact Report (EIR) was Previously Certified and Findings
that a Subsequent EIR is not required;
e
AnnPT Resolutions No. 97- through No. 97- recommending the
City Council approve Planning Application Nos. PA97-0161 (General Plan
Amendment), PA97-0160 (Amendment No.3 to Specific Plan No. 199),
and PA97-0204 (Amendment and Restatement of Development
Agreement for Specific Plan No. 199, Village 'A") respectively, based
upon the Analysis and Findings contained in the Staff Report; and
AnnPT Resolutions No. 97- through No 97- approving Planning
Application Nos. PA97-0142 (Tentative Tract Map No. 23371- Revised),
PA97-O143 (Tentative Tract Map No. 28526), and PA97-0144 (Tentative
Tract Map No. 28482) respectively, subject to the attached Conditions
of Approval.
APPLICATION INFORMATION
APPLICANT:
Temeku Hills Development Partners, L.P.
McMillin Project Services, Inc.
REPRESENTATIVE:
Mr. Csaba Ko, Consultant
Mr. Barry Burnell, T & B Planning Consultants
Mr. David Jeffers, Rick Engineering
R:'~ST~I42PAF7.1)C 9/3~97 ~ I
PROPOSAL:
To change the General Plan density designations from Low Medium Density Residential
(3-6 dwelling units per acre maximum) to Low Density Residential (0.5-2 dwelling units
per acre maximum) within Planning Area 2; from Neighborhood Commercial to Medium
Density Residential (7-12 dwelling units ~ acre minimum) within Planning Area 38; and
from Medium Density Residential (7-12 dwelling units per acre maximum) to Low
Medium Density Residential (3-6 dwelling units per acre maximum) within Planning Area
40; all within Specific Plan No. 199 (Margarita Village).
B. To request approval of Amendment No. 3 to Specific Plan No. 199, Margarita Village.
To request approval of Amendment and Restatement of Development Agreement for
Specific Plan No. 199, Village 'A'.
To subdivide 74.5 acres into 368 single family residential lots, 2 landscape lots and 2
open space/recreationel lots (Tentative Tract Map No. 28482).
To subdivide 6.04 acres into 44 single family residential lots (Tentative Tract Map No.
28526).
To revise the subdivision of 118.3 acres within Tentative Tract Map No.23371 creating
474 single family residential lots and a park site.
LOCATION:
South of La $erena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho
California Road, within the Margarita Village Specific Plan.
EXISTING & PROPOSED GENERAL PLAN DESIGNATIONS:
Very Low/Rural Density Residential
Low Density Residential
Low Medium Density Residential
Medium Density Residential
High Density Residential
Neighborhood Commercial
Public and Institutional Facilities
Open Space/Recreation
0.2 to 0.4 dwelling units per acre maximum
0.5 to 2 dwelling units per acre maximum
3 to 6 dwelling units per acre maximum
7 to 12 dwelling units per acre maximum
13 to 20 dwelling units per acre maximum
EXISTING ZONING:
Specific Plan
EXISTING LAND USE:
Temeku Hills Golf Course and Clubhouse, Fairway Point and Ironwood subdivisions, and vacant,
partially graded land.
PROJECT STATISTICS
Total Area:
Existing Dwelling Units Allowed:
Proposed Number of Dwelling Units:
1,526 acres
4,047 units
3,922 units
(Reduction of 125 units)
Existing Acreage for Commercial Uses:
Proposed Acreage for Commercial Uses:
13.7 acres
6.2 acres (Reduction of 7.5 acres)
BACKGROUND
Specific Plan No. 199 (Margarita Village) was originally approved by the Riverside County
Board of Supervisors on August 26, 1986 through Resolution No. 86-355. Specific Plan
Amendment No. I was approved by the Board of Supervisors on September 6, 1988.
Subsequent to incorporation the Ternecula City Council approved Specific Plan Amendment No.
2 on March 26, 1996, removing the 'Retirement-Oriented Housing" restriction on a portion of
the site. Village 'A" of the Specific Plan comprises the "Temeku' portion, and three vesting
tentative tract maps (VTTM) originally covered this portion - VTTM 23371, 23372 and 23373.
Vesting Tentative Tract Map 23371 was divided into fifteen (15) phases, and six of the phases
have recorded.
The subject applications were submitted to the Planning Department on May 6, 1997 and May
14, 1997 and were all processed concurrently. The applicant met separately with the staff
from the Temecula Community Services Department, Planning Department and Department of
Public Works to'clarify and resolve specific issues. A formal Development Review Committee
(DRC) meeting was held on June 18, 1997 and a follow up meeting was held July 17, 1997.
PROJECT DESCRIPTION
Planning Applic;tion No. PA~7-O161 (~ener~l Plan Amendment}
The General Plan Amendment proposes to change the General Plan density designations to more
accurately reflect the reduction in housing units and the elimination of the Neighborhood
Commercial designation in Planning Area 38. The following table summarizes the proposed
changes to the General Plan as well as the three planning area changes propeed within the
Specific Plan:
Planning Existing GP Existing Density Proposed GP Proposed
Area # Designation Range Designation Density
2 Low Medium 3 - 6 du/ac -~
38 Neighborhood Commercial :". '~i "..."~:~
40 Medium 7 - 12 du/ac =~...,..~ :...4..:-:.~
41 Low Medium 3 - 6 du/ac No Crmnge 5.59
42 Medium 7 - 12 du/ac No C~nge 11.99
43 Low Medium 3 - 6 du/ac No Crmnge 4.6
Planning Apolication Nn. PA97-0160 (Amendment No. R to .~j~ecific Plan Nn. 1~q9)
Amendment No. 3 to the Specific Plan proposes to reflect the reduction of dwelling units, the
elimination of commercial acreage at the northwest corner of' Rancho California Road and
Meadows Parkway, the addition of a 12.5 acre public park at the southwest corner of La
Serena and Meadows Parkway, and revisions to roadway cross-sections, design guidelines and
development standards, all within Village 'A."
Planning AnDlic=tion No. PA97-OP04 (Amendment and Restatement of the r~eveloDment
A~Treement for Soecific Plan No. 199. Village
The applicant proposes to amend and restate the Development Agreement (DA) for that portion
which covers Village 'A.' The proposal updates the language of the DA with respect to the
Memorandum of Understanding approved by the City Council on May 1, 1996. Additionally,
adjustments are proposed reflecting the dedication of the 12.5 acre public park at the
southwest corner of La Serena Way and Meadows Parkway.
Planning Apnlieation No. PA~7-O144 (Tentative Tract M~p No. :~R4R3)
The applicant has submitted Tentative Tract No. 28482 to subdivide 74.5 acres into 368 single
family residential lots, two landscape lots and two open space/recreational lots, on property
adjacent to Meadows Parkway and Rancho California Road. This map covers that portion of
the Specific Plan which was originally approved for Retirement Oriented Housing and
Neighborhood Commercial, and which had approved Vesting Tentative Tract Maps No. 23372
and 23373 covering the site. The Retirement Odented Housing designation was removed under
Amendment No. 2, and the original VTTMs were allowed to expire on November 8, 1988.
Planning ADplication No. PA~7-O14R (Tentative Tract Mal~ No. 9R5:~6!
The applicant has submitted Tentative Tract Map No. 28526 to subdivide 6.04 acres into 44
single family residential lots with a minimum lot size of 5,220 square feet, on the north side of
Rancho Califomia Road, between Margarita Road and Meadows Parkway. This new map covers
a portion of recorded Tract Map No. 23371-3 which was originally designed for 62 dwelling
units with a minimum lot size of 3,500 square feet, on 7.5 acres for a density of 8.27 dwelling
units per acre.
Planning AD01ication Nn. PA~7-0149 (Tentative Tract M~0 No. 9RR71- Revised)
The applicant has submitted revisions to Tentative Tract Map No. 23371, covering Planning
Areas 34, 37, 41, 42 and 43, generally located south of La Serena Way, between Margarita
Road and Meadows Parkway. The new map has reconfigured the amount of acreage within the
Planning Areas, and redesigned the layout of lots generally to accommodate larger lots for
single family product types.
R:~~I42PA97.1~ 9/3/97 Idb
4
ANALYSIS
A. The following discussions refer primarily to the Specific Plan Amendment:
The 1~.5 acre Fk~hlic P=rk
The applicant has included · conceptual design for a 12.5 acre public park that meets the
requirements of the Temecula Community Services District (TCSD). The site is at the
intersection of La Serena and Meadows Parkway across from Rancho Elementary School, and
is accessible to vehicles both from La Serena and Meadows Parkway. Pedestrian access is also
provided from interior residential streets within Village "A'. The park is expected to offer a
variety of recreational amenities designed to meet the needs of the local residents, including
a junior Olympic swimming pool, picnic area, soccer and lighted softball fields, children's play
area and snack ber/restrooms. The park shall be constructed by the applicant to the standards
of the TCSD and dedicated for ownership and maintenance by TCSD.
Ro=d =nd I~Jhlic Facilities Revisions
Amendment No. 3 to the Specific Plan proposes revisions to the road and public facilities
system within Village 'A" of the Specific Plan. Roadways are designed to be both public and
private, and proposed roadway cross-sections have been reviewed and accepted by the City
Engineer. Horizontal and vertical design criteria have been reviewed and deemed adequate in
light of existing constraints. Additionally, the Specific Plan includes design guidelines for golf
cart crossings within the text. The applicant also proposes to extend a reclaimed water main
ohsire to use reclaimed water from Rancho California Water District (RCWD) for the golf course.
MAr~,ee Mon,ment=tion
The applicant proposes to use the main project monumentetlon at the intersection of Rancho
California Road and Margarita Road to present community service messages as well as
clubhouse and golf course events. During the marketing phase of the project, the marquee may
announce project openings and sales events, but pricing and terms-of-sale shall be strictly
prohibited. Staff believes that integrating this marquee sign into the project monumentetlon
is appropriate and supports the language in the Specific Plan.
Architect-r=l .~tyle
The applicant proposes a variation in architectural design from the originally approved
Spanish/Mediterraneen to early California Spanish. The proposed style is compatible and
complimentary to portions of the specific plan already constructed, yet 'updates" the specific
plan with contemporary features such as vaulted ceilings, gered entries, and balconies. Staff
supports the proposed changes.
M-lti-F~mily Area
Planning Area 42 is located adjacent to the golf course in the interior portion of Village 'A". It
is proposed for high density residential development. However, the applicant has not
submitted a product design at this time. The lotting of the area is proposed to facilitate future
phasing and construction. No construction will occur without the proponent first filing
Development Plans for City review and approval. Without a separate Development Plan
R:~TAPFBY~t42P&97.PC 9f3/97 Idb 5
approval, the applicant would be limited to the construction of single family detached homes
on each of the fifteen (15) lots proposed for Planning Area 42.
Rlope M~intenance
The applicant has proposed that all perimeter slope areas along public streets and adjacent to
single family residential development be offered for dedication to the City as a maintenance
easement. All other interior slopes and open spaces are proposed for maintenance by the
homeowner's association. A color exhibit indicating the slope areas, maintenance
responsibility, and access points to these areas is included in the Commission packets, and an
enlarged exhibit will be displayed at the Commission's public hearing. The proposed
maintenance delineation is acceptable to the Community Services District.
B. The following discussions refer primarily to the proposed tract maps:
Physical ~.onstraints and MqD rle.~ign
The applicant's proposal to redesign portions of this partially developed specific plan is
constrained by the infrastructure already in place. The primary feature of the site, the Temeku
Hills Golf Course end clubhouse, is constructed and operational. In addition, many of the water
mains, storm drains and arterial street system (Rancho California Road, Margarita Road, La
Serena Way, Meadows Parkway, Honors Drive, Temeku Drive and Tee Drive) are also in place.
Lastly, the existing Metropolitan Water District easements traverse the site in a north-south
direction both on the western side and eastern side of the project, and traverse the site in a
east-west direction nearly through the middle of the project. These physical constraints
eliminate most alternatives and redesign optiones for the proposed maps.
! ot ! ength-to-Width R~tio
In several areas of the Temeku Hills project, proposed lots exceed the City's maximum length-
to-width ratio of 2:1 as established by Ordinance 460. In some cases, the standard ratio is
exceeded due to the amount of slopes on the lots. In all cases, the lots in question exceed the
minimum lot sizes required by the Specific Plan and, according to the applicant, will be
marketed as premium lots. The applicant has indicated that all lots will have a minimum flat
useable pad area that equals the area provided on a conforming lot. Tentative tract maps
previously approved for the site were granted a waiver from the length-to-width requirement.
The applicant requests the same consideration for these proposed maps. Staff supports their
request.
Rear and Ride Yard Fencing
In several areas of Tentative Tract Map 23371, individual lots are proposed that are bordered
by more than the typical three adjacent properties. Due to the design of the lots, some lots
have as many as nine (9) neighbors. Staff was concerned that this could result in a confusing
and chaotic fencing arrangement in some circumstances. The applicant has addressed this
concern by providing common themad rear and side yard fencing within the tracts so affected
and by attempting to limit these situations to the maximum extent feasible. With this condition
in place staff has no further concerns with this issue.
9/3/97 ]db 6
T-rn-in ~r~ge t'~tion
The applicant has proposed a turn-in style garage option for both standard vehicles and golf
cans for products constructed within Village 'A." Public Works has reviewed the feasibility of
this option, and for safety and ease of use, recommends that turn-in garages for standard
vehicles be permitted on lots with s frontage width of at least 45 feet. Staff supports this
design feature and believes that it will encourage a broader range of housing styles within the
community.
ENVIRONMENTAL DETERMINATION
Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified
by the Riverside County Board of Supervisors on August 26, 1986. In conjunction with
Amendment No. 2 to the Specific Plan, a number of additional studies were.undertaken to
update and complement the original EIR. The additional studies, a geotechnical study, traffic
study and a Kangaroo Rat trapping and update study, confirmed the validity of the original
analysis.
It has been eleven (11) years since the original environmental analysis was performed for this
project. Therefore. Staff prepared another Initial Environmental Assessment to examine the
question of whether any impacts, beyond those analyzed in the previous EIR and subsequent
studies, would result from the proposed project. changes in circumstances, or from new
information. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, staff requested additional information from the applicant. Based upon
Staff's analysis, the project is consistent with the information contained in the previously
certif'~cl EIR. Due to the limited scope of the proposed changes to the specific plan, there will
be no effect beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162 of the California
Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional
impacts not previously considered, or substantial increases in the severity of impacts, may
result from: substantial changes in the circumstances under which the project is undertaken
which would require a major revision in the EIR, or new information that could not have been
known at the time the EIR was prepared becomes available. None of these situations has
occurred; therefore, no further environmental analysis is required.
SUMMARY/CONCLUSIONS
The applicant has proposed Amendment NO. 3 to Specific Plan No. 199 in order to respond to
the demand for family-oriented housing and community amenities within the Temeku Hills
development. Overall, the proposal seeks to reduce the number of dwelling units allowed,
eliminate the commercial uses at the northwest comer of Rancho California Road and Mesdows
Parkway, increase lot sizes, add a 12.5 acre public park and update the design guidelines for
Village 'A." Staff supports the proposed changes because they enhance the Specific Plan and
the surrounding community.
R:~STAFI~,PT~I~2PA97.PC 9/]~7 k~ 7
FINDINGS
I=l,,,m:'tg Ap~i~--~n No. PA~?-0161 (~,m,~M PI,m Arn~q,~m,mtl
1.
Planning Application No. PA97-0161 (General Plan Amendment) as proposed is
compatible with the health, safety and welfare of the community.
The project is compatible with surrounding land uses. Ultimate development of the site
will be residential development in an area that is comprised of a variety of residential
neighborhoods.
The proposed project will not have an adverse effect on the community because it
remains consistent with the goals and policies of the adopted General Plan.
Pl~mniqg A~p!iem~,~ No. PA.q7-01P~0 (Ama[]dillf~ Nn.~ to .~J~,~Jfic PI,~ No. 1~!
Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) as
proposed and conditioned is compatible with the health, safety and welfare of the
community..
Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) is
consistent with the goals and policies of the City's adopted General Plan.
The project is compatible with surrounding land uses. The project proposes a reduction
in the density and intensity of land uses. Ultimate development will be residential
development in an area that is comprised of a variety of residential neighborhoods.
The proposal will not have an adverse effect on surrounding property because it does
not represent · significant change to the planned land usa of the site and is consistent
with the overall concept of Specific Plan No. 199.
The amendment to Specific Plan No. 199 does not increase the impacts associated with
the development or the overall intensity of the development as analyzed in
Environmental Impact Report No. 202.
~I]M]g. AMi~i'MMn In. pA-c17-0704 LAnlM]dl]]lmt Mr4 R.~=t~l~.,~_~ of nevMqEn---tt A1]rMrnent
for ~j~n~fir P!Mt N~. l~qq. Vili~l- A!
The development to be carried out pursuant to the Development Agreement is
consistent with the General Plan.
The Development Agreement and the development to be carried out hereunder complies
with all other applicable requirements of State law, City ordinances and Specific Plan
No. 199.
R:~rAIaD, P~I42PA97.1*C ~ ~ 8
J~lll~q;q~; Ai;~li,-A~lon Nn. pA.ct7-0144 IT,mtmtivm TrkJt Mql; Nn. 9R4Rg!
The proposed land division and the design or improvement of the project is consistent
with the proposed General Plan designation and Specific Plan No. 199. The site is
physically suitable for the type and density of development. The proposed General Plan
Land Use designations for the site are Low-Medium Density Residential (3-6 dwelling
units per acre) and Medium Density Residential (7-12 dwelling units per acre). Planning
Area 40 proposes 198 residential parcels on 40.1 acres for a density of 4.94 units per
acre and is consistent with the Low Medium designation. Planning Area 38 proposes
181 dwelling units on 29.3 acres for a density of 6.18 units per acre and is consistent
with the Medium designation.
The design of the proposed land division or the type of improvements is not likely to
cause serious public health problems. The project has been reviewed for conformance
with Specific Plan No. 199, the City's General Plan, Development Code, Subdivision
and Landscaping Ordinances. The project is consistent with these documents end
conditions of approval have been placed on the project accordingly to assure that the
development conforms to City Standards.
The design of the proposed land division or the type of improvements will not conflict
with easements, acquired by the public at large, for access through, or use of, property
within the proposed lend division. The project will take access from La Serena Way,
Meadows Parkway, and Rancho California Road, and will not obstruct any easements.
The map as proposed, conforms to the logical development of the proposed site, and
is compatible with the health, safety and welfare of the community.
The design of the proposed land division or proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. There are no known fish, wildlife or habitat on the project site,
and the project will not affect any fish, wildlife or habitat off-site. The site is
surrounded by development and is an infill site. The project will not individually or
cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2
of the Fish and Game Code.
PI,mnino App"e,,tlon No. PA~7-014~ (Tant~ive Trnnt Mqp Nn. :~RS~;;!
The proposed land division and the design or improvement of the project is consistent
with the City's General Plan and Specific Plan No. 199. The site is physically suitable
for the type and density of development. The project proposes reduction of dwelling
units from 62 to 44 residential parcels on 6.04 acres for a density of 7.28 units per
acre. This is consistent with the General Plan Land Use designation for maximum
density on the site.
The design of the proposed land division or the type of improvements is not likely to
cause serious public health problems. The project has been reviewed for conformance
with Specific Plan No. 199, the City's General Plan, Development Code, Subdivision
and Landscaping Ordinances. The project is consistent with these documents and
conditions of approval have been placed on the project accordingly to assure that the
development conforms to City Standards.
· : ~TAFlmI~142PA97 .!~ 9/3/97
9
II
The design of the proposed land division or the type of improvements will not conflict
with easements, acquired by the public at large, for access through, or use of, property
within .the proposed land division. The project will take access from La Serena Way,
Meadows Parkway, Rancho California Road and Margarita Road, and will not obstruct
any easements.
The map as proposed, conforms to the logical development of the proposed site, and
is compatible with the health, safety and welfare of the community.
The design of the proposed land division or proposed improvements is not likely to cause
substantial environnm~tal damage or substantially and unavoidably injure fish or wildlife or
their habitat. The project site has been previously graded and partially developed. There is
no fish, wildlife or habitat on the project site, and the project will not affect any fish,
wildlife or habitat off-sits. The project will not individually or cumulatively have an adverse
effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
P!,mning A~ic~-n Nn. PA-Cl7-014~ IT,mt=tiv- Trent Mql~ No. ~R~71- R,~vis~l!
The proposed land division and the design or improvement of the project is consistent
with the City's General Plan and Specific Plan No. 199. The site is physically suitable
for the type and density of development. The project proposes residential densities
consistent with the General Plan Land Use designations for Planning Areas 34, 35, 37,
41, 42 and 43. Tentative Tract Map No. 23371 was originally approved in 1988; the
revision proposes increased lot sizes and a new 12.5 acre park site.
The design of the proposed land division or the type of improvements is not likely to
cause serious public health problems. The project has been reviewed for conformance
with Specific Plan No. 199, the City's General Plan, Development Code, Subdivision and
Landscaping Ordinances. The project is consistent with these documents and conditions
of approval have been placed on the project accordingly to assure that the development
conforms to Specific Plan and/or City Standards.
The design of the proposed land division or the type of improvements will not conflict
with easements, acquired by the public at large, for access through, or use of, property
within the proposed land division. The project will take access from La Serena Way,
Rancho California Road, Meadows Parkway and Margarita Road, and will not obstruct
any easements.
.The map as proposed conforms to the logical development of the proposed site, and is
compatible with the health, safety and welfare of the community.
The design of the proposed land division or proposed improvements is not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife
or their habitat. The project site has been previously graded and partially developed.
There is no fish, wildlife or habitat on the project site, and the project will not affect any
fish, wildlife or habitat off-site. The project will not individually or cumulatively have
an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and
Game Code.
Attachments:
e
Planning Commission Resolution for Planning Application No. PA97-0161 (General Plan
Amendment ) - Blue Page 12
Planning Commission Resolution for Planning Application No. PA97-0160 (Specific Plan
Amendment No. 3) - Blue Page 16
A. Conditions of Approval - Blue Page 20
Planning Commission Resolution for Planning Application No. PA97-0204 (Amendment
and Restatement of Development Agreement for Specific Plan No. 199, Village 'A") -
Blue Page 21
Amendment and Restatement of Development Agreement for Specific Plan No.
199, Village A - Blue Page 24
Planning Commission Resolution for Planning Application No. PA97-O144 (Tentative
Tract Map No. 28482) - Blue Page 25
A. Conditions of Approval - Blue Page 29
Planning Commission Resolution for Planning Application No. PA97-0143 (Tentative
Tract Map No. 28526) - Blue Page 30
A. Conditions of Approval - Blue Page 34
Planning Commission Resolution for Planning Application No. PA97-0142 (Tentative
Tract Map No. 23371-Revised) - Blue Page 35 _
A. Conditions of Approval - Blue Page 39
initial Environmental Assessment dated August 20, 1997 - Blue Page 40
Exhibits - Blue Page 41
B.
C.
D.
E.
F.
G.
H.
Vicinity Map
General Plan Map
Existing Specific Plan No. 199 - Land Use Map
Proposed Specific Plan No. 199 - Land Use Map
Maintenance Responsibility Exhibit
Tentative Tract Map No. 28482
Tentative Tract Map No. 28526
Tentative Tract Map No. 23371 - Revised
a:~ST~t421'&97.PC 9/3/97 i~ 11
ATTACHMENT NO. I
PC RESOLUTION NO. 97-
PA97-0161
ATI'ACHMENT NO. 1
PC ~LUTION NO. 97-
A ~LI~rION OF THE PIANNING COMMt~ION OF
THE CITY OF T~MEC~JlA RECO~ING THAT THE
CITY COUNCIL APPROVE 1N. ANNING APPLICATION NO.
PA97-0161 GENERAL PLAN AMENDMENT ON PARCELS
TOT~L~G 82.4 ACRES LOCATED NORTH AND SOUTH
OF LA SE1/~A WAY, EAST OF MARGARITA ROAD,
WEST AND EAST OF MEADOWS PARKWAY, NORTH OF
RANCHO CALIFORNIA ROAD, ~ THE MARGARITA
V~.L&GE SPECIFIC PLAN
W~, Temekn Hills Development Partners, L.P. filed Planning Application No.
PA97-0161 in accordance with the City of Ternecula General Plan and Development Code;
W~, Planning Applicatiou No. PA97-0161 was processed in the time and manner
prescribed by State and local hw;
~, the Planning Commission co~ Planning Application No. PA97-0161
on September 8, 1997, at a duly noticed public hearing as prescribed by hw, at which time
interested persons had an oppoxtunity to testify ~ither in support or in opposition;
WHEREAS, at the public heating, upon hearing and considering aH testimony and
arguments, if any, of all persons deering iv be heard, the Cornmi.~on considered atl facts relating
to Planning Application No. PA97-0161;
NOW, THEREFORE, THE PLANNING COMML~SION OF THE CITY OF
TEMECULA DOES ~LVE, D~ AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Seellon 2. Fiadirgs. The Planning Commission, in recommending approval of Planning
Application No. PA97-0161, makes the following findings; to wit:
A. Plann~g Application No. PA97-0161 (General Plan Amendment) as proposed is
compatible with the health, safety and welfare of the community.
B. The project is compatible with surrounding land uses. Ultimate development of the
site will be residential development in an area that is comprised of a variety of residential
ncighborhoocls.
R: ~TAPFBPT~ i 42PA97 .PC 9/3/97
C. The proposed project will not have an adverse effect on the community because
it remains consistent with the goals and po 'lu~es of the adopted City General Plan.
Section 3. F.,vimnm~.ntnl ~..on~plinnce. ~.rlvifonm~tnl Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
Supervisor. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional
studies were undertaken to update and complement the original EIR. The additional studies, a
geotechnical study, traffic study and at Kangaroo Rat trapping and update study, confirmed the
validity of the original analysis.
It has been eleven (11) years since the o 'nginal environmentnl analysis was
performed for this project. Therefore, Staff prepared another Initial Environmental Assessment
to examine the question of whether any impacts beyond those analy-zed in the previous EIR and
subsequent studies would result from the proposed project, changes in circumstances, or new
information. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, stnff requested additional information from the applicant. Based upon Staff's
analysis, the project is consistent with the information contained in the previously certified EIR.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162
of the California Environmental Quality Act (CE~A).Guidelines, no additional EXR is required
unless additimml impacts not previously considered, or substantial increases in the severity of
impacts, may result from: substantial changes in the circumstances under which the project is
undertaken which would require a major revision in the EIR, or new infornmtion that could not
have been known at the time the ~rR was prepared becomes available. None of these situations
has occurred; therefore, no further environmental analysis is required.
Section 4. PASS~'~rt, APPROVED AND ADOPTED this 8th day of Septemb , 1997.
I [H~g. Ry CERTIFY that the foregoing 11_e~olulion wa~ duly adotm~ by the Planning
Commission of the City of Temecula at a regular meeting thel'eof, held on the 8th day of
September, 1997 by the following vote of the Commission:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ATTACHMENT NO. 2
PC RESOLUTION 97-
PA97-0160
A'ITACIiMENT NO. 2
PC RF.,9OLLFI'ION NO. 97-
A RESOLUTION OF THE PLANNING COMEOSSION OF
~ CITY OF TIDIECULA RECOMMENDING THAT THE
CITY COUNCIL APPROVE PLANNING APPLICATION NO.
PA97-0160 (SPECIFIC PLAN AMEND~ NO. 3) FOR
SPECIHC PLAN NO. 199 CONTAINING 1,$26 ACRES
GENERALLy LOCATED SOUTH OF LA SERENA WAY,
EAST OF MARGARrrA ROAD, WEST OF MEADOWS
PARKWAY, NORTH OF RANCHO CALIFORNIA ROAD
~, Ternelm Hills Development Partners, L.P. f'tlecl Planning Application No.
PA97-0160 in accordance with the City of Temecula General Plan and Development Code;
WIiERF_,AS,. Planning Application No. PA97-0160 was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Comwi-~ion considered Planning Application No. PA97-0160
on September 8, 1997, at a duly noticed public heating as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, upon hearing and considering all testimony and
arguments, if any, of all pexsons desiring to be heard, the Commission consid_exed all facts relating
to Planning Application No. PA97-0160;
NOW, TUi~RE, THE PLANNING COMM~SION OF THE CITY OF
TEMF_,CULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findir!gs. The Planning Commission, in recommending approval of Planning
Application No. PA97-0160, makes the following findings; to wit:
A. Planning Application No. PA97-0160 (Amendmere No. 3 to Specific Plan No. 199)
as proposed and cooai0oned is compatible with the health, safety and welfare of the community.
B. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No.
199)is consistent with the goals and policies of the City's adopted General Plan.
C. The project is compatible with surrounding land uses. The project proposes a
reduction in the density and intensity of land uses. Ultim~_e development will be residential
development in an area that is comprised of a variety of residential neighborhoods.
R:~TAFFRIV~I42PA97.1sC 9/3~97 klb ] 7
D. The proposal will not have an adverse effect on surrounding pro~.,ty because it
does not represent a significant change to the planned land use of the site and is consistent with
the overall concept of Specific Plan No. 199.
E. The ammdment to Speci~ Plan No. 199 does not increase the impacts associated
with the development or the overall intensity of the development as analyzed in Environmental
Impact Report No. 202.
Section 3. F. nvironmenml Compliq/~ce. F. nvironmerltal Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
S~. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional
studies were undertaicen to update and complement the original ~IR. The additional studies, a
geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the
validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was
performed for this project. Therefore, Staff prepared another Initial Environmental Assessment
to examine the question of whether any impacts beyond those analyzed in the previous EIR and
subsequent studies would result from the proposed project, changes in circumstances, or new
information. In areas where there was a potential clmnge in circumstances, specifically traffic,
noise, and lighting, staff requested a,~i~ion~i information from the applicant. Based upon Staff's
analysis, the project is consistent with the information contorted in the previously certified EIR.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162
of the C. alifomia Environmentnl Quality Act (CEQA) Guidelines, no additional EI~ is required
unless additional impacts not previously considered, or substantial increases in the severity of
impacts, may result from: substantial changes in the circumstances under which the project is
undertaken which would require a major revision in the F_.IR, or new information that could not
have been known at the time the ~ was prepared becomes available. None of these situations
has occurred; therefore, no further environmental analysis i~ required.
Section 4. Cxmaitloo.,. That ~e City of Temecula Planning Commission hereby approves
Planning Applicadon No. PA97-0160 Specific Plan Amendment No. 3 to Specific Plan No. 199
generally located south of La Serena Way, east of Margarita Road, west of Meadows Parkway,
north of Rancho California Road, within the Margarita V'filage Specific Plan, subject to Exhibit
A, attached hereto, and incorporated herein by this reference and made a part-hereof.
R:~TAFFRFr~i42PA97.PC 9B/97 Mb 18
Section $. PASSK~, APPROVI~F) AND ADOPTi~ this 8th day of September, 1997.
Lmd Fm , Chmn,
I HEREBY CERTIFY that the foregoing Resoluti~ was duly adoptecl by the Planning
Commition of the City of Temecula at a regular meeting thereof, held on the 8th day of
September, 1997 by the following vote of the Commission:
PLANNING COMMISSIONERS:
NOF, S:
PLANNING COMMISSIOn:
PLANNING COMMISSIONEI~S:
R: %STAFFRP~ 142PA97.1~ 9/3/97
EXHIBIT A
CONDITIONS OF APPROVAL
PA97-0160
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plea No. 199)
Project Description:
A reduction of dwelling units from 4,047 units to 3,922
units: a reduction of acreage proposed for commercial
devdopn~.~t from 13.7 acres to 6.2 acres {eliminating the
commercial uses on 7.5 acres at the northwest comer of
Meadows Parkway ead Reecho California Road) all with
Specific Plea No. 199 - Margarita V'dlage
PLANNING DEPARTMENT
General Requirements
The developer/applicant shall indemnify, protect, defend, and hold harmless, the City
and any agency or instrumentality thereof, and/or any of its officers, employees and
agents from any and all claims, actions, or proceedings against the City, or any agency
or instrumentality thereof, or any of its officers, employees and agents, to attack, set
aside, void, annul, or seek monetary damages resulting from an approval of the City, or
any agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning Planning Application
No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) which action is brought
within the appropriate statute of limitations period and Public Resources Code, Division
13, Chapter 4 (Section 21000 et ~J3., including but not by the way of limitations
Section 21152 and 21167). City shall promptly notify the developer/applicant of any
claim, action, or proceeding brought within this time period. City shall further cooperate
fully in the defense of the action. Should the City fail to either promptly notify or
cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any
of its officers, employees, or agents.
The applicant shall comply with all underlying conditions of approval for Specific Plan
No. 199 and its amendments unless superseded by these conditions of approval.
The text of Amendment No. 3 to Specific Plan No. 199 shall conform with Exhibit No.
,., 'Margarita Vdlaga Amendment No. 3 of Margarita Village Specific Plan No. 199,"
dated August 1997, or as amended by these conditions.
The text of Amendment No. 3 to Specific Plan No. 199 Zone Standards shall conform
with Exhibit No. , "Margarita Village Amendment #3 to Margarita Village SP Zone
Standards," dated August 1997, or as amended by these conditions.
J
Maintenance of common areas and slope areas shall be provided in accordance with
Exhibit F - Maintenance Responsibility Exhibit.
e
No construction shall occur within Planning Area 42 of Specific Plan No. 199 without
the proponent first filing Development Plans for City review and approval, unless single
family detached homes are proposed on each of the fifteen (15) lots.
Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet
or wider.
Within Thirty (30) Daya From the Second Reading of The Ordinance Approving the Amendment
8. The applicant shall submit the Amended Specific Plan text to the Planning Department.
TEMECULA COMMUNITY SERVICES DISTRICT
Community Services offers the following Conditions of Approval for the aforementioned
Specific Plan Amendment for Temeku Hills:
GENERAL REQUIREMENTS:
10.
11.
12.
13.
14.
15.
The park land dedication requirement (Quimby) for the Temeku Hills Development shall
be satisfied with the development and dedication of a 12.5 acre community park located
within Planning Area 44.
The design of the community perk in Planning Area 44 shall be in conformance with the
conceptual design identified within the Specific Plan. The actual park size shall be
determined upon submittal of the subdivision maps for the area.
Ballfield lighting shall be provided at the Community Park to allow for night use of the
playing fields. The developer, or his successor, shall provide a disclosure to all properties
adjacent to the Community Park regarding the use of ballfield lighting.
All proposed public park facilities shall provide for pedestrian circulation and
handicapped accessibility pursuant to the American Disability Act (ADA) Standards.
The installation of all landscape materials and irrigation equipment for the public park
sites, slope areas, parkway landscaping, and landscaped medians shall be in
conformance with the City of Temecula Landscape Development Plan Guidelines and
Specifications.
Construction of the community park, medians, and perimeter slope areas proposed for
dedication to the TCSD shall commence pursuant to a pre-job meeting with the
developer and the City Maintenance Superintendent. Failure to comply with the TCSD
review and inspection process may preclude acceptance of these areas into the TCSD
maintenance program.
Park facilities, and/or other recreational areas, intended for transfer to the City "in-fee"
shall be dedicated free and clear of any liens, assessments, or easements that would
preclude the City from using the property for public park and/or recreational purposes.
A policy of title insurance and a soils assessment report shall also be provided with the
dedication of the property.
16.
17.
18.
19.
PRIOR
20.
21.
PRIOR
22.
PRIOR
23.
24.
The developer shall complete the TCSD application and dedication process prior to the
acceptance of street lighting and perimeter slopes areas into the respective TCSD
maintenance programs. The developer shall maintain the park facilities, slopes, and
medians until such time as those responsibilities are accepted by the TCSD or other
responsible party.
All exterior slopes contiguous to public streets that are adjacent to single family
residential development shall be maintained by an established homeowner's association
until such time as those responsibilities are offered and accepted by the TCSD for
maintenance purposes. All other interior slopes, open space, perimeter walls, and entry
monumentetlon shall be maintained by the homeowner's association.
Slopes and landscaping adjacent to commercial development shell be maintained by the
property owner. or other approved private maintenance association.
Bike lanes and recreational trails shall be provided on site and designed to intercept with
the City's Park and Recreation Master Plan. Class II Bike Lanes shall be completed in
concurrence with the street improvements.
TO RECORDATION OF THE FINAL MAP:
Prior to recordation of final maps, landscape construction drawings for any respective
public park, slopes, and landscaped medians proposed for dedication to the City shall
be reviewed and approved by the Director of Community Services.
If the community perk has not been completed prior to the recordation of the final map
for Planning Area 44, then the developer shall enter into an improvement agreement
and bond for the park improvements prior to recordation of said map.
TO ISSUANCE OF BUILDING PERMITS:
The community park in Planning Area 44 shall be improved and dedicated to the City
prior to the issuance of 608th overall residential building permit within Village A.
TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
Prior to the issuance of the first certificate of occupancy within each phased map, the
developer shall submit the most current list of Assessor's Parcel Numbers assigned to
the final project.
It shall be the developer's responsibility to provide written disclosure of the existence
of the TCSD and its service level rates and charges to all prospective purchasers.
I have read, understand and accept the above Conditions of Approval.
Applicant Name
ATTACHMENT NO. 3
PC RESOLUTION NO. 97-
PA97-0204
R:~T~I42PA97.1~ 9/3/97 klb 2 1
ATTACHMF~NT NO. 3
PC RE,~LUTION NO. 97-
& RESOLUTION OF THE PIANNING COMMI,~SION OF
THE crrY OF TEMECULA ~MNfi~NDING THAT THE
CITY COUNCIL APPROVE PLANNING APPLICATION NO.
PA97-0204 ~MF~NT AND RESTA~ OF
DEVELOPMIO~ AGREEMF~NT FOR SPECIFIC PLAN NO.
199, VII. J. AGE A (MARGARITA VILLAGE)
WHEttEAS, Temeku Hills Development Panners, L.P. filed Planning Application No.
PA97-0204 in accordance with the City of Temecula General Plan and Development Code;
~, Planning Application No. PA97-0204 was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0204
on September 8, 1997, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
wH!ae, EAS, at the public hearing, upon hearin~ and considering all testimony and
arguments, ff any, of all persons desiring to be heard, the Commission considered all facts relating
to Planning Application No. PA97-0204;
NOW, THKR~IrORE, THE PLANNING COMMI,~SION OF ~ CITY OF
TF~MF_,CULA DOES RF...qOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That hhe above recitations are Irue and correct.
Section 2. Finaings. The Planning Commission, in recommending approval of Platming
Application No. PA97-0204, makes the following findings; to wit:
A. The development to be carried out pursuant to the Development Agreement
is consistent with the ~ Plan.
B. The Development Agreement and _the development to be carried out
hereunder complies with all other applicable requirements of State law, City ordinances and
Specific Plan No. 199.
Section 3. F. nvironrnentnl Compllnnce. Environmental Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
Supervisors. In conjum'tion with Amendment No. 2 to the Specific Plan, a number of additional
studies wc~c undertaken to update and complement the original EIR. The additional studies, a
R:~qTAt~I42PA97.PC 9/3/W/~ ~
geotechnical study, traffic study and a Kangaroo Rat trapping and updat~ study, confirmed the
validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was
performed for this project. Therefore, Staff prepared another Initial Environmental Assessment
to examine the question of whether any impacts beyond those analyzed in the previous EIR and
subsequent studies would result from the proposed project, changes in circumstances, or new
i~onnation. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, staff requested additional information from the applicant. Based upon Staff's
analysis, the project is consistent with the information contained in the previously certified BIR.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162
of the California Environmental Quality Act (CEMA) Guidelines, no additional BIR is required
unless additional impacts not previously considered, or substantial increases in the severity of
impacts, may result from: substantial changes in the circumstances under which the project is
undertaken which would require a major revision in the F_JR, or new information that could not
have been known at the time the EIR was prelxu'ed becomes available. None of these situations
has occurred; therefore, no further environmental analysis is required.
Section 4. PASS{~n, APPROVED AND ADOFFED this 8th day of September, 1997.
I IFKR~ay CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 8th day of
September, 1997 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COM1dlSSlOl~:
PLANNING COlVfiVlIS$IO~:
Debbie Ubnoske, $ecretsry
EXHIBIT A
AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT
FOR SPECIFIC PLAN NO. 199, VILLAGE A
RECORDED AT THE REQUEST OF
WHEN RECORDED RETURN TO
City Clerk
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
(Space Above Line For Recorder's Use)
AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT
SPECIFIC PLAN NO. 199, VILLAGE A
PLANNING AREAS 33 to 38, 40 to 44 and 46
PLANNING APPLICATION NO. PA 97-0204
"MARGARITA V~J~&GE"
TEMEKU HILLS DEVELOPMENT PARTNERS, L.P.
UDC HOMES, INC. -
AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT
BETWEEN CITY OF TEMECULA
and
TEMEKU HILLS DEVELOPMENT PARTNERS, L.P.
and
UDC HOMES, INC.
This Amendment and Restatement of Development Agreement ("Agreement") is
entered into by and among the City of Temeeula, a California Municipal Corporation ("City")
and Temeku Hills Development Partners, L.P., a California limited parmership ("Tcmeku
Hills"), and UDC Homes, Inc. a California corporation ("UDC"). Temeku Hills and UDC are
sometimes referred to herein collectively as "Owner."
A. Pursuant to California Government Code Section 65864, seq. ("Development
Agreement Statutes"), Margarita Village Development Company (Buie-Rancho California and
Nevada-Rancho California) and others and the County of Riverside, California ("County")
entered into Development Agreement No. 5 recorded in the Official Records of Riverside
County, California on November 7, 1988, as Instrument No. 325515 ("Development
Agreement No. 5").
B. Development Agreement No. $ encompasses a project formerly located within
County approved S. pecific Plan No. 199 known as "Margarita Village," a mixed use
subdivision, (the "Original Project"), to be developed on property which came within the
municipal boundaries of the City when the City incorporated on December 1, 1989. This
Agreement encompasses only a portion of the Original Project, a 472 acre residential
development located in a portion of Specific Plan No. 199, Village A, known as Temeku
Hills Golf and Country Club (the "Project"). The balance of the Original Project covered by
Development Agreement No. 5 not included within this 472 acre portion of Specific Plan No.
199, Village A, is not amended or impacted by this Agreement.
C. Pursuant to the provisions of the Development Agreement Statutes, the City
became the successor-in-interest to the County under Development Agreement No. 5 upon
incorporation of the City. Pursuant to Temeku Hills obtaining title to the Project as recorded
in the Official Records of Riverside County, California on May 3, 1996 as Insmunent
No. 162332, and UDC obtaining title to a portion of the Project from Temeku Hills as
· recorded in the Official Records of Riverside County, California on April 18, 1997, as
Iustnunent No. 132180, and pursuant to the provisions of Development Agreement No. 5,
Temeku Hills and UDC became successors-in-interest to the "Owner" described in
Development Agreement No. $.
D. Pursuant to Section 65868 of the Development Agreement Statutes, the City
and Owner propose to restate and amend Development Agreement No. 5 to substitute this
Agreement for Development Agreement No. 5, but only to the extent Development
Agreement No. 5 pertains to the Project.
mcmillink:ombined.da/1
ss~.oolto~ -2-
E. Pursuant and subject to the Development Agreement Statutes, the City's police
powers and City Resolution No. 91-52, City is authorized to enter into binding agreements
with persons having legal or equitable interest in real property located within the City's
municipal boundaries or sphere of influence thereby establishing the conditions under which
such property may be developed in the City.
F. By entering into this Agreement, City shall bind future Members of the City
Council of City by the obligations specified herein and further limit the future exercise of
certain governmental and proprietary powers of Members of the City Council. Likewise,
Owner shall bind its successors in interest to the obligations specified in this Agreement.
(]. The terms and conditions of this Agreement have undergone extensive review
. by the staff of the City, the Planning Commission of the City, and the City Council of the
City and have been found to be fair, just, and reasonable.
H. The City finds and determines that it will be in the best interest of its citizens
and the public health, safety and welfare will be served by entering into this Agreement.
I. All ofthe procedures and requirements of the California Environmental Quality
Act relevant to this Agreement have been met.
J. Riverside County Ordinance No. 659, as adopted by the City, establishes public
facilities impact fees for residential development within City ("RSA Fees"). City requires
these revenues to ~tifigate the impact of development. City requires RSA Fees from
development of the Property in order to complete capital projects to mitigate the impact of the
Project.
K. Development Agreement No. 5 provided for public facilitieS'and services
impact fees ("County Development Agreement Fees") higher than the RSA Fees. These
higher fees, particularly during the present economic situation, unduly discourage and delay
development and thereby prevent City from ever receiving the County Development
Agreement Fees or RSA Fees. Consequently, after extensive study, and public input and
hearings, the City has adopted a Development Impact Fee for detached units of $2,934 per
unit and for attached units of $2,114 per unit. Therefore, the City is willing to reduce the
County Development Agreement Fees for residential development in the Project to the level
contemplated by this Agreement.
L. City and Owner acknowledge that development of the Project will result in the
generation of municipal revenue, for public infrastructure facilities and the enhancement of the
quality of life, including recreation facilities for present and future residents of the City. The
benefits to the City and Owner contemplated by development of the Project include without
limitation:
.j
(1)
(2)
(3)
(4)
(6)
completion of vacant lots in Project;
payment of signal mitigation fees;
payment of library fees;
payment of park fees;
payment of Fire Protection Impact Fees; and
payment of Street System Impact Fees.
All of the fees described above are a part of, and included within, the Public Facilities Fee
contemplated herein.
M. The City and Owner acknowledge that due to the present economic situation,
none of these benefits to the City are possible unless the Project proceeds with development.
N. The City Council of the City has approved this Agreement by Ordinance
No. adopted on , and effective on ("Effective Date").
On the Effective Date, Development Agreement No. 5 shall be terminated and of no further
force and effect as to the Project only, having been replaced by this Agreement.
NOW, THEREFORE in consideration of the above Recitals and of the mutual
covenants hereinafter contained and for other good and valuable consideration, the receipt and.
sufficiency of which is hereby acknowledged and incorporated herein, the parties agree:
1. Definitions. In this Agreement, unless the context otherwise requires, the
following words a~,d phrases shall have the meaning set forth below:
1.1 "City" is the City of Temecula.
1.2 "City Public Facilities Fee" is an amount established 5y Ordinance of
City as more particularly defined in Section 12.3 of this Agreement.
1.3 "City's Quimby Requirement" means Owner's obligation to dedicate
park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as the same
was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, as
more particularly def'med in Section 12.2 of this Agreement.
1.4 "County" is the County of Riverside.
1.5 "County Development Agreement Fee" means the County public
facilities and services mitigation fee set forth in Section 4.2 of Development Agreement
No. 5.
1.6 "Development Agreement Fee" means the development agreement fee
set forth in Section 12.6 of this Agreement.
n~millin~.ombined.da/1
8,$36.001/(Y)O.~'/ -4'"
1.7 "Development Exaction" means any requirement of the City in
connection with or pursuant to any Land Use Regulation or Existing Development Approval
for the dedication of land, the construction of improvements or public facilities, or the
payment of fees in order to lessen, offset, mitigate or compensate for the impacts of
development on the environment or other public interests.
1.8 "Development Plan" means the Existing Development Approvals.
1.9 "Effective Date" means the date upon which the Ordinance approving
this Agreement becomes effective. Absent a referendum challenge, such date is thirty (30)
days following the date the City Council adopted such Ordinance.
1.10 "Existing Development Approval(s)" means those certain development
approvals relating to the Property in effect as of the Effective Date, including, without
limitation, the "Existing Development Approvals" listed in Exhibit A, attached hereto and
incorporated herein by this reference, which were approved by the County.
1.11 "Existing Land Use Regulations" means those Land Use Regulations
listed on Exhibit B,. attached hereto and incorporated herein by this reference, which are a
matter of public record on the Effective Date of this Agreement.
1.12 "Financing District" means a Community Facfiities District formed
pursuant to the Mello-Roos Community Facilities Act of 1982 (California Government Code
Section 53311 et ~.q., as amended); an assessment district formed pursuant to Landscaping
and Lighting Act of 1972 (California Street and Highways Code Seelion 22500 .et seq. as
amended); a special assessment district formed pursuant to the Improvement Act of 1911
(California Streets and Highway Code Section 10102, as amended); or any other special
assessment district existing pursuant to Sate law formed for the purpose of financing the cost
of public improvements, facilities, services and/or public facilities fees within a specific
geographical area of the City.
1.13 "Hazardous Substance" shall include, without limitation, any flammable
explosives, radioactive materials, asbestos, polyehlorinated biphenyls, chemicals knovm to
cause cancer or reproductive toxicity, substances described in Civil Code Section 2929.5(e)(2),
as it now exists or as subsequently amended, pollutants, contaminants, hazardous wastes, toxic
substances or related materials. Notwithstanding the foregoing, "Hazardous Substances" shall
not include substances eustomarily used in developing, operating or maintaining developments
similar to the project, provided all such substances are used, stored, and disposed of in
accordance with all applicable laws.
'1
1.14 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
regulations, and written official policies of City, governing the development and use of land
including without limitation: the permitted use of land; the density or intensity of use;
subdivision requirements; the maximum height and size of proposed buildings; the provisions
for reservation or dedication of land for public purposes; and the design, improvement, and
construction standards and specifications applicable to the development of the Property.
"Land Use Regulations" does not include any County or City ordinance, resolution, code, rule,
regulation, or official policy, governing:
(a) The conduct of businesses, professions, and occupations;
(b)
Services District;
Taxes, assessments and rates and charges of the City's Community
(c) The control and abatement of nuisances;
(d) The granting of encroachmen~ permits and the conveyance of rights and
interest which provide for the use of or the entry upon public property;
(e) The exercise of the power of eminent domain.
1.15 "Owner" meatns Temeku Hills Development Partners, L.P., a limited
parmership, UDC Homes, Inc., a California corporation, and any successors in interest to
Temeku Hills and UDC
1.16 "Project" is the development of the Property in accordance with the
Development Plan.
I. 17 "Property" is the real property described in Exhibit C, attached hereto
and incorporated herein by this reference.
1.18 "Remaining Units" means all remaining residential dwelling units within
the Project after the 60gth such residential unit, all as more particularly described in Section
12.5(b) of this Agreement.
1.19 "RSA Fee" means the fee established by County Ordinance No. 659,
adopted by City by Ordinance No. 90.04.
1.20 "Subsequent Development Approvals" means all development approvals
required subsequent to the Effective Date in connection with development of the Property.
1.21 "Subsequent Land Use Regulation" means any Land Use Regulation
applicable to the Property adopted and effective after the Effective Date of this Agreement.
mcmillin~nbi~d.d~/l
8~36.001/090397 -6-
2. Interest of Owner. Owner represents that it has the fee title interest in the
Property and that all other persons holding legal or equitable interest in the Property are to be
bound by this Agreement.
3. Exhibits. The following documents referred to in this Agreement are attached
hereto, incorporated herein, and made a part hereof by this reference:
Exhibit Designation
Description
B.
C.
D.
Existing Development Approvals
Existing Land Use Regulations
Legal Description of the Property
Assignment and Assumption of
Development Agreement
Notice From Mortgagee
Fee Matrix
4. Term.
4.1 The term of this Agreement shall commence on the Effective Date and
shall extend for a period of ten (10) years therearm, unless this Agreement is terminated,
modified or extended by circumstances set forth in this Agreement or by mutual consent of
the parties hereto.
4.2 This Agreement shall terminate and be of no force and effect upon the
occurrence of the entry of a final judgment or issuance of the final order after exhaustion of
any appeals, directed against the City as a result of any lawsuit filed against directing the City
to set aside, withdraw, or abrogate the approval by the City Council of the City of this
Agreement.
5. Assignment.
5.1 Right to Assign. The Owner shall have the right to sell, transfer, or
assign the Property in whole or in part (provided that no such partial transfer shall violate the
Subdivision Map Act, Government Code Section 66410, et ~eq., or Riverside County
Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal
Code by Ordinance No. 90-04) to any person, parmership, joint venture, firm~ or corporation
at any time during the term of this Agreement; provided, however, that any such sale,
transfer, or assignment shall include the assignment and assumption of the rights, duties, and
obligations m-ising under or from this Agreement and be made in strict compliance with the
following conditions precedent:
(a) No sale, transfer, or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer, or assignment of all or
a part of the Property. Owner agrees to provide specific notice of this Agreement, including
the record or document number, where a true and correct copy of this Agreement may be
. obtained from the Riverside County Recorder, in any grant deed or other document purporting
to transfer the title or an interest in the Property during the term of this Agreement or any
extension thereof.
(b) Concurrent with any such sale, transfer, or assignment, or within fifteen
(15) business days thereafter, the Owner shall notify City, in writing, of such sale, transfer, or
assignment and shall provide City with an executed agreement, in the form attach.ed hereto as
Exhibit D, by the purchaser, transferee, or assignee and providing therein that the purchaser,
transferee, or assignee unconditionally assumes all the duties and obligations of the Owner
under this Agreement.
Any sale, transfer, or assignment not made in strict compliance with the
foregoing conditions shall constituted a default by the Owner under this Agreement.
Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement
required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding
upon such purchaser, transferee, or assignee, but the benefits or this Agreement shall not inure
to such purchaser, transferee, or assignee until and unless such agreement is executed.
5.2 . 'Release of Transferring Owner. Notwithstanding any sale, transfer, or
assignment, a transferring Owner shall continue to be obligated under this Agreement unless
such transferring Owner is given a release in writing by the City, which release shall be
provided by the City upon the full satisfaction by such transfe .rr. ing Owner of ALL of the
following conditions:
(a)- The Transferring Owner no longer has a legal interest in all or any part
of the Property except as a beneficiary under a deed of true.
(b) The Owner is not then in default under this Agreement.
(c) The Owner or purchaser has provided City with the notice and executed
agreement required under Paragraph Co) of Subsection 5.1 above.
(d) The purchaser, transferee, or assignee has provided City with security
equivalent to any security previously provided by the Transferring Owner to secure
performance of its obligations hereunder.
(e) The Transferring Owner has reimbursed the City for any and all City
costs associated with Owner's transfer of all or a portion of the Property.
5.3 Termination of A~reement with Respect to Individual Lots uvon Sale to
Public and Completion of Construction. Notwithstanding Subsection 5.1, or any other
provisions of this Agreement, this Agreement shall terminate with respect to any lot and such
lot shall be released and no longer be subject to this Agreement without the execution or
recordation of any further document upon satisfaction of both of the following conditions:
memillin~ombined. da/1
~.0ouo~o~, -8-
(a) The lot has been finally subdivided and individually (and not in "bulk")
sold or leased (for a period longer than one year) to a member of the public or other ultimate
user; and
(b) A Certificate of Occupancy has been issued for a building on a lot, and
the fees set forth in this Agreement have been paid.
5.4 Subsequent A~ssimunent. Any subsequent sale, transfer, or assignment
after an initial sale, transfer, or assignment shall be made only in accordance with and subject
to the terms and conditions of this Section.
6. Mortgagee Protection. The parties hereto agree that this Agreement shall not
prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the
Property or any portion thereof or any improvement thereon by any mortgage, deed of trust,
or other security device securing financing with respect to the Property. City acknowledges
that the lenders providing such financing may require certain Agreement interpretations and
modifications and agrees upon request, from time to time, to meet with the Owner and
representatives of such lenders to negotiate in good faith any such requested interpretation or
modification. City will not unreasonably withhold its consent to any such requested
interpretation or modification provided such interpretation or modification is consistent with
the intent and purposes of this Agreement and provided further that the City will be entitled
to exercise its discretion in accordance with applicable law. Owner shall reimburse City for
any and all of City's reasonable costs associated with the negotiations, interpretations, and
modifications with~ thirty (30) days of receipt of an invoice from City.
Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach oCthis Agreement
shall defeat, render invalid, diminish, or impair the Lien of any mortgage on the Property
made in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the
Property, or any part thereof, which Mortgagee has submitted a request in writing, in the form
as attached hereto as Exhibit E, attached hereto and incorporated herein by this riferenee, to
the City in the manner specified herein for giving notices, shall be entitled to receive written
notification from City of any default by the Owner in the performance of the Owner's
obligations under this Agreement.
(c) If City timely receives a request from a Mortgagee, in the form set forth
on Exhibit F,, attached hereto and incorporated herein by this reference, requesting a copy of
any notice of default given to the Owner under the terms of this Agreement, City shall
endeavor to provide a copy of that notice of default to the Mortgagee within ten 10 days of
sending the notice of default to the Owner. The Mortgagee shall have the right, but not the
obligation, to cure the default during the remaining cure period allowed such party under this
Agreement. City shall have no liability for damages or otherwise to Owner, Owner's
successor, or to any Mortgagee or successor thereof for the failure to provide such notice.
~6.oot~o~9~ -9-
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall
have an obligation or duty under this Agreement to perform any of the Owner's obligations or
other aff'u'mative covenants of the Owner hereunder, or to guarantee such performance,
provided however, that to the extent that any covenant to be performed by Owner is a
condition precedent to the performance of a covenant by City, the performance thereof shall
continue to be a condition precedent to City's performance hereunder, and further provided
that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the
provisions of Section 5.1 of this Agreement. The term of the Agreement shall not be
extended based on the fact that a Mortgagee holds title to the Property for all or any part of
the term of this Agreement.
(e) Any Mortgagee who comes into possession of the Property, or any
portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations
of the Owner set forth herein shall not be entitled to any rights to develop which have or may
have vested as a result of this Agreement.
7. Binding Effect of Agreement. The burdens of this Agreement bind and the
benefits of the Agreement inure to the successors-in-interest to the parties to it in accordance
with the provisions of and subject to the limitations of this Agreement.
8. Pro{ect as a Private Undertaking/Relationship of Parties. It is specifically
understood and agreed by and between the parties hereto that the development of the Project
is a private development, that neither party is an independent contracting entity with respect to
the terms, covenants, and conditions contained in this Agreement. No parmership, joint
venture, or other assbciation of any kind is formed by this Agreement. The only relationship
between City and Owner is that of a government entity regulathag the development of private
property and the owner of such property.
9. Changes in Project. No change, modification, revision, or alteration of Existing
Development Approvals may be made without the prior approval of the City. City may
expand the permitted uses for the Property without amending this Agreement so long as
Owner or Owner's successor retains his/her/their existing entitlements.
10. Timing of Development. The parties acknowledge that Owner cannot at this
time predict when, or the rate at which, the Property will be developed. Such decisions
depend upon numerous factors which are not within the control of Owner, such as market
orientation and demand, interest rates, absorption, completion and other similar factors. Since
the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d
465 (1984), that the failure of the parties therein to provide for the timing of development
resulted in a later-adopted initiative restricting the timing of development to prevail over such
parties, it is the parties' intent to cure the deficiency by acknowledging and providing that the
Owner shall have the right to develop the property in such order, at such rate, and at such
times as the Owner deems appropriate within the exercise of its subjective business judgment,
subject only to any timing or phasing requirements set forth in the Development Plan.
11. indemnity and Cost of Liti~,ation.
11.1. Hold Harmless. Owner agrees to and shall hold City, its officers,
employees, agents, and representatives harmless from liability for damage or claims for
damage for personal injury including death and claims for property damage which may arise
from the direct or indirect operations of the Owner or those of its contractor, subcontractor,
employee, agents, or other person acting on its behalf which relate to the Project, regardless
of whether or not City prepared, supplied, or approved plans or specifications for the Project.
This indemnification requirement shall survive the termination or expiration of this
Agreement.
11.2 Third Party Litigation Concerning Agreement. Owner shall indemnify,
protect, defend, at its expense - including attorney's fees, and hold harmless City, its officers,
employees, or agents against any loss, cost expense, claim, or counter-claim, complaint, or
proceeding to attack, set aside, void, or annul the approval of this Agreement or the approval
of any permit granted pursuant to this Agreement brought by any third party. City shall
promptly notify Owner of any such claim, action, or proceeding and City shall cooperate in
the defense. If City falls to promptly notify Owner of any such claim, action, or proceeding,
or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to
defend, indemnify, or hold harmless City. City may in its discretion participate in the defense
of any such claim,~ action, or proceeding.
11.3 Environmental Assurances. Owner shall indemnify, protect, defend with
counae[ approved by City, and hold harmless City, its officers, employees,_agents, assigns, and
any successor or successors to City's interest from and against all claims, actual damages
(including but not limited to special and consequential damages), natural resources damages,
punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands,
debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interests,
fines, charges, penalties and expenses (including but not limited to attorneys' and expert
witness fees and costs incurred in connection with defending against any of the foregoing or
in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted
against, City or its officers, employees, or agents arising from or attributable to any repair,
cleanup, or detoxification, or preparation and implementation of any removal, remedial,
response, closure, or other plan (regardless of whether undertaken due to governmental action)
· concerning a Hazardous Substance or hazardous wastes at'any place within the property which
is the subject of this Agreement. The foregoing indemnity extends beyond the term of this
Agreement and is intended to operate as an agreement pu~uant to Section 107(e) of the
Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"),
42 U.S.C. Section 9667(e), and California Health and Safety Code Section 25364, and their
successor statutes, to insure, protect, hold harmless, and indemnify City from 1/ability.
.j
~:~.oo,ano-~w - 11-
11,4 Release. Owner, for itself, its successors and assign~s, hereby releases
the City, its officers, agents, and employees from any and all claims, demands, actions, or
suits of any kind or nature arising out of any liability, known or unknown, present or future,
including, but not limited to, any claim or liability, based or asserted, pursuant to Article I,
S~tion 19 of the California Constitution, the Fifth Amendment of the United States
Constitution, or any other law or ordinance which seeks to impose any other liability or
damage, whatsoever, upon the City because it entered into this Agreement or'because of the
terms of this Agreement.
11.5 Reservation of Rights. With respect to Sections 11.1 through 11.4
herein, City reserves the right to either (1) approve the attorney(s) which Owner selects, hires,
or otherwise engages to defend City hereunder, which approval shall not be unreasonably
withheld, or (2) conduct its own defense, provided, however, the Owner shall reimburse City
forthwith for any and all reasonable expenses incurred for such defense, including attorney's
fees, upon billing and accounting therefor.
11.6 Survival. The provisions of this Section 11.1 to 11.6, inclusive, shall
survive the termination of this Agreement.
12. Public Benefits. Public Improvements and Facilities.
12.1 Intent. The parties acknowledge and agree that this Agreement confers
private benefits on the Owner which should be balanced by commensurate public benefits.
Accordingly, the Barties intend to provide consideration to the public to balance the private
benefits conferred on the Owner by providing more fully for the satisfaction of the public
needs resulting from development of the Project.
12.2 Ouimbv Requirement. Temeku Hills shall satisfy its obligations to
dedicate park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as
the same was incorporated by reference into the Temecuia Municipal Code by Ordinance
No. 90-04 ("City's Quimby Requirement") as follows:
(a) Temeku Hills shall dedicate to the City land for a fully improved park to
be used for recreational purposes in accordance with the City's Quimby Requirement, in a
size to be determined as set forth below, prior to the issuance of the 608th building permit for
residential dwelling units in the Project. The size of the park described above in this Section
12.2(a) shall be calculated in the following manner:
(i) Multiply the number of dwelling units in the Project by 2.59 (the
average number of persons per dwelling unit), and then divide that sum by 1,000.
(ii) Multiply the quotient obtained by the calculation in subparagraph (i)
above by five (5) (the number of acres required per 1,000 people).
n~miliifiN~xnbin~d .da/I
ts~6.0o~ -12-
(iii) The result of the multiplication 9brained in sub-paragraph (ii)
above shall constitute the size of the park to be dedicated by Temeku Hills to the City, subject
to reduction for the eredim set forth in Section 12.2(b) below.
(b) The park described in Section 12.2(a) above shall be reduced in size by
the following eredim:
(i) An acreage credit determined by multiplying the size of the park
determined in accordance with Section I2.2(a) by twenty-five percent (25%) for the Temeku
Hills Golf Course located within the Project.
(ii) A 2.5 acre credit for Veterans Park.
(ii) An acreage credit of 1.10 acres determined by multiplying the 2.2
acre common recreational facilities located within the Project by fifty percent (50%).
(c) By way of example only, if the number of dwelling units in the Project
is 1,449, the size of the park to be dedicated by Temelcu Hills to the City pursuant to this
Section 12.2 shall be as follow:
1,449 dwelling units x 2.59 persons, divided by 1,000, multiplied by 5 acres = 18.76
acre park;
18.76 acre park, less the following credits:
(4.69) acre credit (25% golf course credit x 18.76 acre park)
(2.50) acre credit for Veterans Park
(I.10) acre credit for the common recreational facilities (2.2 acres x 50%).
10.47 acre park required
(d) Upon dedication of the land for a park as provided in Section 12.2 (a)
above, Temeku Hills' shall design and complete construction of park improvements thereon
similar to other public parks of the same size and classification prior to the issuance of the
608th building permit for residential dwelling units in the Project.
12.3 Public Facilities Fee. In lieu of the County Development Agreement
· Fee, Owner shall pay the City Public Facilities Fee for residential units as follows:
(a) For each detached dwelling unit, the amount of Two Thousand Nine
Hundred and Thirty-Four Dollars ($2,934.00), inclusive of Street System Impact Fees
($729.00), Traffic Signal and Traffic Control System Fees ($109.00), Parks and Recreation
Impact Fees ($1,611.00), Corporate Facilities Impact Fees ($222.00), Fire Protection Impact
Fees ($55.00) and Library Impact Fees ($208.00).
(b) For each attached dwelling unit, the mount of Two Thousand One
Hundred and Fourteen Dollars ($2,114.00), inclusive of Street System Impact Fees ($511.00),
Traffic Signal and Traffic Control System Fees ($77.00), Parks and Recreation Impact Fees
($1,209.00), Corporate Facilities Impact Fees ($118.00), Fire Protection Impact Fees ($42.00)
and Library Impact Fees ($156.00).
The City Public Facilities Fee shall be paid as provided in Section 12.8 below.
Owner expressly acknowledges the existence and holding in the case of Kaufman and Broad
Central Valley. Inc. v. City. of Modesto, (1994) 25 Cai.App.4th 1577, as it applies to later
adopted fees. Owner hereby waives for himself, and for any successor thereto, the right to
challenge the validity or amount of any such other public facilities fees which are enacted and
applied to residential development projects in the City. Such waiver applies to the Project
after the City Public Facilities Fee has been enacted by the City and applied to residential
development projects in the City. Owner acknowledges and agrees that the City would not
have entered into this Agreement if its application or operation would limit in any way the
City's ability to develop and apply a Comprehensive Public Facilities Fee Program to this
Project. Owner further acknowledges and agrees that the waiver provided herein applies not
only to this Agreement, but to any rights Owner may have under any vesting map filed and
deemed complete under the vesting maps statutes, Government Code Section 66498.1 et seq.
Finally, Owner agrees that the institution of any legal action by Owner, or any successor
thereof, to challenge the validity, amount, or application of the City Public Facilities Fee,
including paying such fees "under protest" pursuant to Government Code Section 66020 et
seq., shall constitute a material breach and default under this Agreement entitling the City to
summary termination hereof.
12.4 Public Facilities Fee Adiustment. The fees required by Section
12.3 above shall be adjusted annually during the term of this Agreement on the anniversary of
the Effective Date in accordance with the changes in the Consumer Price Index for All Urban
Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly
by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the
following manner:
(a) Divide the CPI for month and year of the Effective Date into the CPI
for the month immediately preceding the anniversary in which the fees are to be adjusted.
(b) Multiply the quotient obtained by the calculation in sub-paragraph (a)
above times the fees to be adjusted.
(e) The result of the multiplication obtained in sub-paragraph (b) above
shall constitute the fees payable during the succeeding year.
If the CPI specified herein is discontinued or revised during the term of this
Agreement, such other government index or computation with which it is replaced shall be
used in order to obtain substantially the same result as would have been obtained if the CPI
had not been discontinued.
In no event shall the fees.after adjustment be less than the fees set forth in
Section 12.3 above.
i2.5 Public Benefits and Credits. In consideration of Temeku Hills
dedicating, designing and improving a public park, providing the exi~dng Veterans Park and
setting aside substantial private usable open space within the Project, all as more specifically
set forth in Section 12.2 above, Temeku Hills shall be entitled to an offset against the Park
and Recreation Impact Fees paid by Temeku Hills as a component of the City Public
Facilities Fee for the actual costs expended by Temeku Hills for the design and construction
of the park described in Section 12.2 above (as evidenced by actual third party invoices),
including a reasonable overhead burden of 10% of such actual costs (the "Park Fee Offset").
As a result of the Park Fee Offset, the Park and Recreation Impact Fees paid as a component
of the City Public Facilities Fee shall be affected in the following manner:
(a) Eliminated for the fn'st 608 building permits issued to Owner for
residential dwelling units within the Project; and
(b) Eliminated for the number of building permits issued to Temeku Hills
for residential dwelling units constructed in excess of 608 units until such time as the Park
Fee Offset has been exhausted.
(c) By way of example only, assuming the cost to improve the park
described in Secfiun 12.2 above is One Million Five Hundred Thousand Dollars ($1,500,000),
and the Park and Recreation Impact Fee, including the Development Agreement Fee, is
$1,772.10, the number of building permits in excess of 608 units to be issued to Temeku Hills
for which the Park and Recreation Impact Fees component of the City Public Facilities Fee
would be eliminated as a result of the Park Fee Offset is as follows:
$1,772.10 park fee x 608 dwelling units -- $1,077,436.80
$1,500,000 park improvements - $1,077,436.80 -- $422,563.20 Park
Fee Offset
$422,563.20 Park Fee Offset + $1,772.10 park fee -- 238.45 building
permits in excess of 608 issued for which no Park and Recreation
Impact Fees would be paid (for a total of 846.45 building permits for
which no Park and Recreation Impact Fees would be paid including the
first 608 building permits) -
mcmi#in~mnbincd.d~ I
8~36.G01/090397
12.6 Development Agreement Fee. In consideration of the City granting to
Owner the fights and benefits contained within this Agreement, Owner shall pay to the City a
development agreement fee in an amount equal to ten percent (10%) of each component of
the City Publit Facilities Fee described in Section 12.3(a) or 12.3(b), as the same may be
increased from time to time pursuant to Section 12.4 above (the "Development Agreement
Fee"). The Development Agreement Fee shall be added to the City Public Facilities Fee and
paid as provided in Section 12.8 below.
12.7 Fee Matrix. Attached hereto as Exhibit F is a Fee Matrix showing the
City Publi~ Facilities Fee, and the individual components thereof, the credits applicable to the
City Public Facilities Fee, and components thereof, and the Development Agreement Fee.
12.8 Timing. The.City Public Facilities Fee shall be paid at the time of
issuance of building permits for each residential unit constructed on the Property. Collection
of any and all interim Public Facilities Fees, or component thereof (or when combined with
the Park and Recreation Impact Fees) paid by the Owner for all home units constructed prior
to adoption of this Agreement, in surplus to those fees contained herein, shall be credited to
Owner.
12.9 Other Applicable Fees.
(a) Owner also shall pay all other customary and typical development
exactions, for a project of this size and nature, in existence as of the Effective Date and
throughout the tern3 of this Agreement, not included in the City Public Facilities Fee, pursuant
to provisions of City ordinances and resolutions in existence when paid.
(b) The parties hereto agree that to the extent the applicable Stepben's
Kangaroo Rat and drainage fees have not been paid prior to the execution of this Agreement
by both parties, those fees remain applicable to the Project.
12.10 Public Works. If Owner is required by this Agreement or any other
obligation, to construct any public works facilities which will be dedicated to City or ;'my
other public agency upon completion, and if required by applicable laws to do so, Owner
shall perform such work in the same manner and subject to the same requirements as would
be applicable to City or such other public agency should it have undertaken such construction.
memillin~m~bln~l. dlt 1
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12.11 Preference. In the event the City approves, enacts or applies a City
Public Facilities Fee or any component thereof, in an amount which is less than the amount(s)
provided in Section 12.3 above, or if the City approves, enacts or applies a City Public
Facilities Fee oi' any component thereof, for any other detached residential dwelling units in
an amount which is less than applicable to the Project, or if the City approves, enacts or
applies a Development Agreement Fee which is less than provided in this Agreement, or if
the City approves, enacts or applies any other fee which serves the same or similar purposes
of the Development Agreement Fee, or the City Public Facilities Fee in an amount which is
less than provided in this Agreement, the City shall adjust the amounts of the City Public
Facilities Fee, and/or Development Agreement Fee applicable to the Project to equal the lesser
fee amount(s). If any attached dwelling units are constructed in the Project, the City agrees to
apply the adopted components and fees for attached residential units with the same
proportional adjustments and credits as set forth in Section 12 of this Agreement.
13. Reservation of AuthoriW.
13.1 Limitations, Reservations. and Exceptions. Notwithstanding any other
provision of the Agreement, the following Subsequent Land Use Regulations shall apply to
the development of the Property:
(a) Processing fees and charges imposed by City to cover the estimated
actual costs to City of processing applications for Subsequent Development Approvals.
(b). Regulations governing comm~on standards and specifications
including without limitation, the City's Building Code, Plumbing Code, Mechanical Code,
Electrical Code, and Fire Code.
(c) Regulations which are NOT in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of
development of the Property shall be deemed to conflict with the Development Plan and shall
therefore not be applicable to the development of the Property.
(d) Regulations which are in conflict with the Development Plan, provided
Owner has given written consent to the application of such regulations to development of the
Property.
13.2 Subseauent Development Apvrovals. This Agreement shall not prevent
City, in acting on Subsequent Development Approvals, from applying the Subsequent Land
Use Regulations which do not conflict with the Development Plan, nor shall this Agreement
prevent City from denying or conditionally approving any Subsequent Development Approval
on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the
Development Plan.
mt. miJlia~:Olablald .da/1
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13.3 Modification or Suspension by State or Federal Law. In the event that
State or Federal laws or regulations enacted after the Effective Date of this Agreement
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. In that event, however, this Agreement shall
remain in full force and effect to the extent it is not inconsistent with such laws or regulations
and to the extent such laws or regulations do not render such remaining provisions impractical
to enforce.
13.4 Regulation by Other Public Agencies. It is acknowledged by the parties
that other public agencies not within the control of City possess authority to regulate aspects
of the development of the Property separately from or jointly with City and this Agreement
does not limit the authority of such other public agencies.
13.5 Tentative Tract Map Extension. Pursuant to the provisions of
Section 66452.6 of the Government Code, any current or future tentative subdivision map(s)
or tentative parcel map(s) (vested or regular) approved as a part of implementing the
Development Plan, including without limitation Revised Tentative Tract Map 23371, shall be
extended to expire at the end of the term of this Agreement.
13.6 Vesting Tentative Mans. If any tentative or final subdivision map, or
tentative or final parcel map, heretofore or hereafter approved in eormecfion with the
development of the property, is a vesting map under the Subdivision Map Act (Government
Code Section 6641~0, et seq.) and Riverside County Ordinance No. 460, as the same were
incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if
this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it
grants a vested right to develop to the Owner, then and to that extent the rights, obligations,
and protections afforded the Owner and City respectively, under the laws and ordinances
applicable to vesting maps shall supersede provisions of this Agreement. Except as set forth
immediately above, development of the Property shall occur only as provided in this
Agreement, and the provisions in this Agreement shall be controlling over conflicting
provisions of law or ordinances concerning vesting maps.
13.7 Tentative Tract Maps - Perimeter Walls. The conditions of approval for
tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part
of implementing the Development Plan shall be amended to provide that the consm~tion of
perimeter walls and installation of landscaping and irrigation systems, that would otherwise be
required to be completed prior to the con,va~ction of any residential dwelling units, shall be
constructed in phases as the adjacent tracts are developed within the Project.
13.8 Maintenance of Project Landscape Areas. Owner shall form a
homeowners' association which shall maintain all landscape areas within the Project including,
without limitation, all block walls and entry monuments located within the Project.
Notwithstanding the foregoing, the City acting through its Community Services District and
upon compliance with all applicable laws including, without limitation, any necessary public
voting procedures, shall consider maintaining all exterior landscape areas (excluding block
nr..mUlin~:ombin~d.da/I
u:~.oo~ -18-
walls and entry monuments) within the Project adjacent to main collector streets having
widths of sixty-six feet (66') or larger. Unless these areas are accepted by the City's
Community Services District for maintenance, they will be maintained by the homeowner's
association.
13.9 Margarita Road Reimbursement. Owner's obligation to reimburse the
City for the cost of constructing certain roadway improvements to the east side of Margarita
Road from Rancho California Road to La Serena shall be $155.00 per residential unit
applicable to the first 800 residential units constructed in the Project, all as more specifically
set forth in that certain Reimbursement Agreement recorded in the Official Records of
Riverside County on July 14, 1994, as I~ent No. 281356.
13.10 Modified Street Sections. The Existing Development Approvals
incorporate the conversion of previously designated "private streets" within the Project to
public streets. To accommodate the conversion of private streets to public streets within the
Project, and as more fully set forth in the Existing Development Approvals, the City has
approved one type ofcnodified street sections for Tracts 23371-1 through 23371-7, and
another type of modified street sections for the remainder of the Project.
13.11 Park Imorovement Aereement and SecuriW. For park improvements,
recreation facilities, slopes and landscaping proposed for dedication to the City's Community
Services District pursuant to this Agreement, Owner shall enter into an Improvement
Agreement and post securities for said improvements concurrentJy with the recordation of the
tracts where the improvements are located.
No. 5
14.
Development of the Prooertv. Vesting. Termination of Development Agreement
14.1 Rights to Develop. Subject to the terms of this Agreement, including
payment of the City Public Facilities Fee and the Development Agreement Fee, the Owner
shall have a vested right to develop the Property in accordance with, and to the extent of the
Development Plan. The Project shall remain subject to all Subsequent Development
Approvals required to complete the Project as contemplated by the Development Plan. Except
as otherwise provided in this Agreement, the permitted uses of the Property, the density and
intensity of use, the maximum height and size of proposed buildings, and provisions for
reservation and dedication of land for public purposes shall be those set forth in the
Development Plan. In exchange for the vested right to develop pursuant to this Agreement,
Owner expressly waives for himself and for any successor thereto, the right to challenge or
contest the validity of any condition of approval attached to any entitlement which is a part of
the Development Plan.
14.2 Effect of Agreement on Land Use Re~ulatious. Except as otherwise
provided under the terms of this Agreement, including the payment of the City Public
Facilities Fee, the rules, regulations, and official policies governing permitted uses of the
Property, the density and intensity of use of the Property, the maximum height size of
proposed buildings, and the design, improvement and construction standards and specifications
applicable to development of the Property shall .be Existing Land Use Regulations. City shall
exercise its lawful reasonable discretion in connection with Subsequent Development
Approvals in accordance with the Development Plan, and as provided by this Agreement
including, but not limited to, payment of the City Public Facilities Fee and the Development
Agreement Fee. City shall accept for processing, review, and action all applications for
Subsequent Development Approvals, and such applications shall be processed in the normal
manner for processing such matters. City may, at the request of Owner, contract for planning
and engineering consultant services to expedite the review and processing of Subsequent
Development Approvals, the cost of which shall be borne by Owner.
i4.3 Changes and Agreements. The parties acknowledge that refinement and
further development' of the Project will require Subsequent Development Approvals and may
demonstrate that changes are appropriate and mutually. desirable in the Existing Development
approvals. In the event the Owner finds that a change in the Existing Development Approvals
is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to
effectuate such change. If approved, any such change in the Existing Development Approvals
shall be incorporated herein as addendum to this Agreement and may be further changed from
time to time as provided in this Section. Owner, shall, within thirty (30) days of written
demand by City, reimburse City for any and all reasonable costs, associated with any
amendment or change to this Agreement that is initiated by Owner or Owner's successor --
without regard to the outcome of the request for amendment or change to this Agreement.
Unless otherwise required by law, as determined in City's reasonable discretion, a change to
the Existing Development Approvals shall be deemed "minor" and not require an amendment
to this Agreement provided such a change does not:
(a) Alter the permitted uses of the Property as a whole, except as provided
in Section 9 hereof, or,
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or a supplemental
Environmental Impact Report pursuant to Section 21166 of the Public Resources Code.
14.4 Termination of Development A~reement No. 5. Both the City and the
Owner agree that on the Effective Date of this Agreement, Development Agreement No. 5
shall be terminated and of no further force or effect as to this Project only, having been
replaced by this Agreement.
15. Periodic Review of Compliance with Agreement.
(a) Pursuant to City Resolution No. 91-52, as it may be subsequently
amended, City ~hail review this Agreement at least once during every twelve (12) month
period from the Effective Date of this Agreement. The Owner or successor shall reimburse
City for the reasonable and necessary costs of this review, within thirty (30) days of written
demand from City.
(b) During each periodic review by City, the Owner is required to
demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to
furnish such evidence of good faith compliance as City in the exercise of its discretion may
require.
16. Financing District. Upon the request of Owner, the parties shall cooperate in
exploring the use of special assessment districts and other similar Financing Districts for the
financing of the construction, improvement, or acquisition of public infrastructure, facfiifies,
lands, and improvements to serve the Project and its residents, whether located within or
outside the Property. It is acknowledged that nothing contained in this Agreement shall be
construed as requiring City or City Council to form such a district or to issue or sell bonds.
17. A~reement or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by mutual consent of the parties and in the manner provided
for in Government Code Section 65868. If an amendment is requested by the Owner or its
successor, the Owner/successor agrees to pay City any Development Agreement processing fee
then in existence as established by City Council Resolution, or if no such fee is established, to
reimburse City for the actual and reasonably necessary costs of reviewing and processing the
Agreement within thirty (30) days of written demand from City -- without regard to City's
action on such amendment.
18. Enforcement. Unless amended or canceled as herein provided, this Agreement
is enforceable by any party to it, notwithstanding a change in the applicable general or
specific plan, zoning, subdivision, or building regulations adopted by the City.
19. Events of Default. Owner is in default under this Agreement upon the
happening of one or more of the following events or conditions:
(a) If a warranty, representation, or statement made or furnished by Owner
to City is false or proves to have been false in any material respect when it was made;
(b) More than forty-five (45) days have passed since City's rimking of a
written request to Owner for payment or reimbursement for a fee or service authorized or
agreed to pursuant to this Agreement.
(c) A finding and determination by City that upon the basis of substantial
evidence the Owner has not complied in good faith with one or more at the terms or
conditions of this Agreement.
20. Procedure Upon Default.
(a) Upon the occurrence of an event of default, City may terminate or
modify this Agreement in accordance with the procedure adopted by the City.
(b) City does not waive any claim of defect in performance by Owner
implied if on periodic review the City does not propose to modify or terminate this
Agreement.
(c)
Non-performance shall not be excused because of a failure of a third
person.
(d) Non-performance shall be excused only when it is prevented or delayed
by acts of God or an emergency declared by Governor.
(e) All other remedies at law or equity which are not otherwise provided
for in this Agreement or in City's regulations governing development agreements are available
to the parties to pursue in the event there is a breach.
21. Remedies. In general, each of the parties hereto may pursue any remedy at law
or equity available for the breach of any provision of this Agreement, except that City, and its
officers, employees and agents, shall not be liable in damages to Owner or to any assignee,
transferee of Owner, or any other person, and Owner covenants not to sue or claim any
damages for breacb of that Agreement by City. It is acknowledged by the parties that City
would not have entered into this Agreement if it were to be liable in damages under or with
respect to this Agreement or the application thereof Owner, for himself or any successor
thereto, expressly waives the right to seek damages against the City or any officer, employee
or agent thereof, for any default or breach of this Agreement.
22. Attomevs Fees and Costs. If legal action by either party is brought becanse of
breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is
entified to reasonable attorneys fees and court costs.
23. 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 and presumed
delivered upon actual receipt by personal delivery or within three (3) days following deposit
thereof in United States Mail. Notice required to be given to City shall be addressed as
follows: -
To City:
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Attention: City Clerk
-22-
With a copy to:
Peter M. Thorson, City Attorney
Richards, Watson & Gershon
A Professional Corporation
333 So. Hope Street, 38th Floor
Los Angeles, CA 90071-1469
Notices required to be given to Owner shall be addressed as follows:
To Owner:
Temeku Hills
Temeku Hills Development Partners, L.P.
2727 Hoover Avenue
National City, CA 91950
Attention: James H. Hunter, Senior Vice President
With a copy to:
Lorenz Alhadeff Cannon & Rose, LLP
27555 Ynez Road, Suite 203
Tcmecula, CA 92591
Attention: Samuel C. Alhadeff, Esq.
With a copy to:
UDC Homes, Inc.
438 Camino Del Rio South, Suite 112B
San Diego, CA 92108-3546
Attention: Jori Werner, Division President
Hecht, Solberg, Robinson & Goldberg
600 West Broadway, 8th Floor
San Diego, CA 92101
Attention: Dan'yl O. Solberg, Esq.
A party may change the address by giving notice in writing to the other party in the manner
provided for herein, and thereafter notices shall be addressed and transmitted to the new
address.
24. Cooperation. City agrees that it shall accept for processing and promptly take
action on all applications, provided they are in a proper form and acceptable for required
processing for discretionary permits, tract or parcel maps, or other land use entitlement for
development of the Project in accordance with the provisions of this Agreement. City shall
cooperate with Owner in provi .ding expeditious review of any such applications, permits, or
land use entitlement and, upon request and payment of any costs and/or extra fees associated
therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or
other staff personnel as required to insure the timely processing and completion of the Project.
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u~.oouo~o3~ -23-
25. Miscellaneous Provisions.
25.1 Recordation of Agreement. This Agreement and any amendment or
cancellation thereof shall be recorded with the County Recorder by the City Clerk within the
period required by Section 65868.5 of the Government Code.
25.2 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the parties, and there are no oral or written representations.
understandings or ancillary covenants, undertakings or agreements which are not contained or
expressly referred to herein. No testimony or evidence of any such representations,
understandings or covenants shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
25.3 Severability. 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 to the extent such remaining provisions are not
rendered impractical to perform taking into consideration the purposes of this Agreement.
Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 12 of
this Agreement, including the payment of the fees set forth therein, are essential elements of
this Agreement and City would not have entered into this Agreement but for such provisions,
and therefore in the event such provisions are determined to be invalid, void or unenforceable,
this entire Agreement shall be null and void and of no force and effect whatsoever.
25.4 Inte~retation and Govemin~ Law. This Agreement and any dispute
arising hereunder-shall be governed and interpreted in accordance with the laws of the State
of California. This Agreement shall be construed as a whole according to its fair language
and common meaning to achieve the objectives and purposes of the parties hereto, and the
rule of construction to the effect that ambiguities are to be resolved agains~ the draining party
shall not be employed in interpreting this Agreement, all parties having been represented by
counsel in the negotiation and preparation hereof.
25.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
25.6 Singular and Plural. As used herein, the singular of any word includes
the plural.
25.7 Joint and Several Oblieations. If at'any time during the term of this
Agreement the Property is owned, in whole or in part, by more than one Owner, all
obligations of such Owners under this Agreement shall be joint and several, and the default of
any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no
Owner of a single lot which has been finally subdivided and sold to such Owner as a member
of the general public or otherwise as an ultimate user shall have any obligation under this
Agreement except as provided under Section 5 hereof.
i!~millin~bin~l.dl/1
m6.OOl;O~ -24-
25.8 Time of Essence. Time is of the essence in the performance of the
provisions of this Agreement as to which time is an element.
'25.9 Waiver. Failure by a party to insist upon the strict performance of any
of the provisions of this Agreement by the other party, or the failure by a party to exercise its
fights upon the default of the other party, shall not constitute a waiver of such party's right to
insist and demand strict compliance by the other party with the terms of this Agreement
thereafter.
25.10 No Third-Party Beneficiaries. This Agreement is made and entered into
for the sole protection and benefit of the parties and their successors and assigns. No other
person shall have any right of action based upon any provision of this Agreement.
25. I 1 Force Majeure. Neither party shall be deemed to be in default where
failure or delay in performance of any of its obligations under this Agreement is caused by
floods, earthquakes, other Acts of God, fires, wars, riots or similar hostih'ties, strikes and other
labor difficulties beyond the party's control (including the party's employment force),
government regulations, court actions (such as restraining orders or injunctions), or other
causes beyond the party's control. If any such events shall occur, the term of this Agreement
and the time for performance by either party of any of its obligations hereunder may be
extended by the written agreement of the parties for the period of time that such events
prevented such performance, provided that the term of this Agreement shall not be extended
under any circumstances for more than five (5) years.
25.12 Mutual Covenants. The covenants contained herein are mutual
covenants and also constitute conditions to the concurrent or subsequent performance by the
party benefitted thereby of the covenants to be performed hereunder by such benefitted party.
25.13 Successors in Interest. The burdens of this Agreement shall be binding
upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties
to this Agreement. All provisions of this Agreement shall be enforceable as equitable
servitude and constitute covenants rtmning with the land. Each covenant to do or refrain from
doing some act hereunder with regard to development of the Property: (a) is for the benefit of
and is a burden upon every portion of the Property; (b) rims with the Property and each
portion thereof, and (c) is binding upon each party and each successor in interest during
ownership of the Property or any portion thereof.
25.14 Counteroarts. This Agreement may'be executed by the parties in
counterparts, which counterparts shall be construed together and have the same effect as if all
of the parties had executed the same h~rurnent.
25.15 Jurisdiction and Venue. Any action at law or in equity arising under
this Agreement or brought by an party hereto for the purpose of enforcing, eonstxuing or
determining the validity of any provision of this Agreement shall be filed and tried in the
Superior Court of the County of Riverside, State of California, and the parties hereto waive
all provisions of law providing for the filing, removal or change of venue to any other court.
n~.lillill~x~llillld.~l/I
ss~.0o~o~ -25-
25.16 Further Actions and Instruments. Each of the parties shall cooperate
with and provide reasonable assistance to the other to the extent contemplated hereunder in
the performance of all obligations under this Agreement and the satisfaction of the conditions
of this Agreement. Upon the request of either party at any time, the other party shall
promptly execute, with acknowledgment or affidavit if reasonably required, and file or record
such required instruments and writings and take any actions as may be reasonably necessary
under the terms of this Agreement to carry out the intent and to fulfill the provisions of this
Agreement or to evidence or consummate the transactions contemplated by this Agreement.
25.17 F, minent Domain. No provision of this Agreement shall be construed to
limit or restrict the exercise by City of its power of eminent domain.
25.18 Agreement for Service of Process. In the event owner is not a resident
of the State of California or it is an association, parmership or joint venture without a
member, parmer or joint venturer resident of the State of California, or it is a foreign
corporation, then in any such event, Owner shall file with the Planning Director, upon its
execution of this Agreement, a designation of a natural person residing in the State of
California, giving his or her name, residence and business addresses, as its agent for the
purpose of service of process in any court action arising out of or based upon this Agreement,
and the delivery to such agent of a copy of any process in any such action shall constitute
valid service upon Owner. If for any reason service of such process upon such agent is not
feasible, then in such event Owner may be personally served with such process out of this
County and such service shall constitute valid service upon owner. Owner is amenable to the
process so served, ,submits to the jurisdiction of the Court so obtained and waives any and all
objections and protests thereto.
26. Authority to Execute. Each party hereto expressly warrants and represents that
he/she/they has/have the authority to execute this Agreement on behalf of his/her/their
corporation, partnership, business entity, or governmental entity and warrants and represents
that he/she/they has/have the authority to bind his/her/their entity to the performance of its
obligations hereunder.
~s~.oo~o~ -26-
IN WITNESS WHEREOF this Agreement has been executed by the authorized
representatives of the parties hereto.
"CITY"
City of Temeeula
ATTEST:
By:
Patricia H. Birdsall, Mayor
June S. Greek, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
[Notary Required]
[SIGNATURES CONTINUE ON NEXT PAGE]
mcmillin~nt~ncd,~ 1
~a~.oo~mo~ -27-
"OWNER"
Temeku Hills:
Temeku Hills Development Partners, L.P.,
a California limited partnership
By:
McMillin Project Services, Inc.,
a California corporation, as Attorney-in-fact
Under Durable Power of Attorney
By: ~;s,~e
Its:
By:
(~d ....)
Its:
['Notary Required]
UDC Homes, Inc.,
a California corporation
By:
Its:
By:
Its:
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
SS
On , 1997, before me,
a Notary Public in and for said State, personally appear~
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 that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted; executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
0
0
CAPACITY CI2dMED BY SIGNER
INDIVIDUAL(S)
OFFiCER(S) (TrrL~[S]):
0
0
0
0
0
0
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTF.~(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or entity(ies)
ts:~.oo[~,~ -29-
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
SS
On , 1997, before me,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the insmuncnt the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
D
CAPACITY CLAIMED BY SIGNER
INDIVID~(S)
OFFiCER(S) (TrrLE[S]):
D
D
D
D
D
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTF~(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS REP~£NTING:
Name of person(s) or entity(ies)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On , 1997, before me,
a Notary Public in and for said Sate, personally appeared
personally known to me (or proved to me on the bash of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the irmtrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
D
D
CAPACITY ~D BY SIGNER
INDIVIDUAL(S)
OFFiCER(S) (T~TLE[S]):
D
D
D
D
D
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRmiNG WITNF, SS
GUARDIAN/CONSERVATOR
OTH~:
Chairperson
SIGNER IS REPRF~ENTING:
· Name of person(s) or entity(ies)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
$$
On , 1997, before me,
a Notary Public in and for said Sate, 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 that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/tbeir signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
D
D
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL(S)
OFFICER(S) (TrrLE[S]):
D
D
D
D
D
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or entity(ies)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
SS
On ,1997, before me,
a Notary Public in and for said S~ate, personally appeared
personally known to me (or proved to me on the basis of safisfacwry evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/the/r signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SEAL
Signature
0
0
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL(S)
OFFICE~(S) (TiTLE[S]):
0
0
0
0
0
0
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING ~S
GUARDIAN/CONSF_.RVATOR
OTHER:
Chairperson
SIGNER IS REPRF~ENTING:
Name of person(s) or entity(ies)
mareill inVeigh{ned. dat 1
8536.001/090397
-33-
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF )
On ,1997, before me,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
D
D
CAPACITY CLAIMED BY SIGNER
m'DnaDUAL(S)
OFFICF_~(S) (TITLE[S]):
D
D
D
D
D
D
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEES)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS REPRESF. NTING:
· Name of person(s) or entity(ies)
n~millinkombin~d.dst 1
~.oo,~o~ -34-
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFoRNL~
COUNTY OF
$S
On , 1997, before me,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/theft signature(s) on the instrument. the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SEAL
D
D
CAYACITY CLAIlVIED BY SIGNER
UVDrVIDUAUS)
OrifICES(S) (~TLe[S]):
O
O
D
O
O
O
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTE~(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER:
Chairperson
SIGNER IS REPRESENTING:
Name of person(s) or entity(ies)
EXHIBIT A
EXISTING DEVELOPMENT APPROVALS
General Plan - Low, Low Medium and Medium Density Residential
Specific Plan - County of Riverside Ordinance No. 460, Specific Plan No. 199 (Margarita
Village)
Land Divisions-
Final Tract Map No. 23371-1
Final Tract Map No. 23371-2
Final Tract Map No. 23371-3
Final Tract Map No. 23371-4
Final Tract Map No. 23371-5
Amended Tentative Tract Map No. 23371
Tentative Tract Map No. 28482
mc. ntiHin~mbined. da/1
EXHIBIT B
EXISTING LAND USE REGULATIONS
General Plan Land Use designation is Low, Low Medium and Medium Density Residential.
Specific Plan 199 (Margarita Village)
., EXHIBIT C
LEGAL DESCRIPTION
-38-
EXHIBIT D
ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
8s~6.ootsno297 -39-
EXHIBIT E
REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOPMENT AGREEMENT
Development Agreement:
Amendment and Restatement
of Development Agreement
Specific Plan No. I99, Margarita Village
Planning Application No.
Date:
To: City of Clerk and Planning Director, City of Temecula
Pursuant to Sections 6(b) and (c) of the above-referenced Amendment and Restatement
of Development Agreement, request is hereby made by as Mortgagee for
the property (or portion thereof) to receive copies of any Notice of Default issued by City
against Owner in accordance with the terms and conditions of such Amendment and Restatement
of Development Agreement. Copies of any such Notices should be mailed to the following
address:
(Mongagee)
(Person/Department)
(Address)
(City/State/Zip)
(Telephone No.)
A copy of this Notice should be fried with the project file to insure proper and timely
notice is given. Under the terms of the Amendment and Restatement of Development
Agreement, as Mortgagee is entitled to receive copies of any Notice of Default
within ten (10} days of sending any such Notice to Owner. Failure to send any such Notice
may have serious legal consequences for the City.
This request is to remain in effect until revoked by as Mortgagee
or the Amendment and Restatement of Development Agreement is Terminated.
The person executing this document on behalf of the Mortgagee warrants and represents
' that the entity he/she represents is a bona fide Mortgagee of the property and is entitled to
receive copies of Notices of Default under the Amendment and Restatement of Development
Agreement.
mcmillin~ombi~d.drdl
~6.oo~o~9~ -40-
The undersigned declares the above information is true and correct under the penalty of
perjury under the laws of the State of California.
Dated: , 1997
Mortgagee
By:
(signature)
Its:
(printed name)
(title)
[Notary required]
This Notice is to be 'sent to both the City Clerk and Planning Director for the City of Temecula
at P.O. Box 9033, Temecula, Ca 925989-9033 or such other location as Temecula City Hall may
be located in the future.
mr.J~illin~combi~ol. dg !
ATTACHMENT NO. 4
PC RESOLUTION NO. 97-
PA97-0144
R:~TAPPRP~I42PA97.PC 9/3/97 i;]b 25
ATTACHMF. I~ NO. 4
PC RESOLUTION NO. 97-
A ~LUTION OF THE PLANNING COM15fl.qSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA97-0144 (TENTATIVE TRACT MAP
NO. 28482) LOCATED SOLrI'H OF LA SERENA WAY, EAST
OF MARGARITA ROAD, WEST OF MEADOWS
PARKWAY, NORTH OF RANCHO CALII~ORNIA ROAD,
WITFfiN THE MARGARITA VILLAGE SPECIFIC PLAN
AND KNOWN AS ASSESSOR'S PARCEL NO.
9~3-060-008, -009, and-028.
V~HEREAS, Ternelm Nills Development Panners, L.P. filed Planning Application No.
PA97-0144 in accordance with the City of Ternecula ~ Plan and Riverside County Land Use
and Subdivision Ordinances, which the City has adopted by reference;
WIH~I~AS, Planning Application No. PA97-0144 was processed in the time and manner
prescribed by State and local law;
WH~RF~, t/~ Planning Commission con.aid=red Planning Application No. PA97-0144
on S=ptembea' 8, 1997, at a duly noticed public hearing as pr~scribed by hw, at which time
interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered atl facts
relating to Planning Application No. PA97-0144;
NOW, THEREFORE, THE PLANNING COMMIgSION OF THF~ CITY OF
TEMECULA DOES ~LVE, DETERMINE AND ORDER A~ FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findi~s. That the Temecula Planning Commission hereby makes the
following findings:
A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be
approved unless the following findings are made:
1. The proposed land division and the design or improvement of the project
is consistent with the ~ General Plan designations and Specific Plan No. 199. The site is
physically suitable fo~ the type and density of development. The proposed General Plan Land Use
R:~,~TAFFRI~t42PA97.PC 9/3/97 Idb 26
designations for the site are Low-Medium Density Residentis,! (3-6 dwelling units per acre) and
Medium Density Resiclential (7-12 dwelling units per acre). Plrm_ning Area 40 proposes 198
residential parcels on 40.1 acres for a density of 4.94 units per acre and is consistent with the Low
Medium designation. Planning Area 38 proposes 181 dwelling units on 29.3 acres for a density
of 6.18 units per acre and is consistent with the Medium de~ignatlon.
2. The design of the proposed land division or proposed improvements is not
likely to cause substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the
project will not affect any fish, wildlife or habitat off-s/te. The site is surrounded by development
and is an infill site. The project will not individually or cumulatively have an adverse effect on
wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
3. The design of the ~ land division or ~ type of improvements is not
likely to cause serious public health problems. The project has been reviewed for conformance
with Specific Plan No. 199, the City's General Plan, Development Code, Subdivision and
Landscaping Ordinances. The project is consistent with these documents and conditions of
approval have been placed on the project accordingly to assure that the development conforms to
City Standards.
4. The design of the proposed land division or the type of improvements will
not conflict with easements, acquired by the public at large, for access through, or use of,
property within the pwposed land division. The project will taine access from La Serena Way,
Meadows Parkway, and Rancho California Road, and will not obstruct any easements.
5. The map as proposed, confonus to the logical development of the proposed
site, and is compatible with the health, safety and welfare of the community.
Section 3. F. nvimnmentn! C-omplinnce. Environmental Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
Supervisors. In conjunclion with Amendment No. 2 to the Specific Plan, a number of additional
geoteclmical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the
validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was
performed for this project. Therefore, Staff prepared another Initial Environmental Assessment
to examine the question of whether any impacts beyond those analyzed in the previous EIR and
subsequent studies would result from the proposed project, changes in circumstances, or new
information. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, staff requested additional information from the applicant. Based upon Staff's
analysis, the project is consistent with the information contained in the previously certified
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
R:~TAPFRPT~I~PA97.PC 9/3/97 idb
27
Under California Public Resources Code Section 21166 and Section 15162 of the
California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless
additional impacts not previously considered, or substantial increases in the severity of impacts,
may result from: substantial changes in the circumstances under which the project is undertaken
which would require a major revision in the EIR, or new information that could not have been
known at the time the EIR was prepared becomes available. None of these situations has
occurred; therefore, no further environmental analysis is required.
Section 4. I".onditlrm.~. That the City of Temecula Planning Commission hereby approves
Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) located south of La
Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California
Road, within the Margarita Village Specific Plan and known as Assessor's Parcel No. 953-035-
007, 953-06(OX)8, -009, and -028, subject to Exhibit A, attached hereto, and incorporated herein
by this reference and made a pan hereof.
Section 5. PASSED, APPROVED AND ADOFrED this 8th day of September, 1997.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 8th day of
September, 1997 by the following vote of the Commission: -
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:~STAFPRI~I42PA97.PC 9/3/97 klb 28
EXHIBIT A
CONDITIONS OF APPROVAL
PA97-0144
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA97-0144 (Tentative Tract Map No. 28482)
Project Description:
Assessor's Parcel No.:
Approval Date:
Expiration Data:
A residential subdivision of 74.5 acres into 368 single
family lots, two landscape lots and two open
spsce/racraedonal ~ within Planning Area 40 of Specific
Plan No. 199 - Margarita Village
953-035-007, 953-060-008, -009, and -028
September 8, 1997
November 8, 2000 or es amended by Development
Agreement (PA97-0204}
PLANNING DEPARTMENT
General Requirements
The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of Ordinance No. 460, unless modified by the conditions
listed below. A time extension may be approved in accordance with the State Map Act
and City Ordinance, upon written request, if made 30 days prior to the expiration date.
The developer/applicant shall indemnify, protect, defend, and hold harmless, the City
and any agency or instrumentality thereof, and/or any of its officers, employees and
agents from any and all claims, actions, or proceedings against the City, or any agency
or instrumentality thereof, or any of its officers, employees and agents, to attack, set
aside, void, annul, or seek monetary damages resulting from an approval of the City, or
any agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning Planning Application
No. PA97-0144 (Tentative Tract Map No. 28482) which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter
4 (Section 21000 at ,~;1., including but not by the way of limitations Section 21152 and
21167). City shall promptly notify the developer/applicant of any claim, action, or
proceeding brought within this time period. City shall further cooperate fully in the
defense of the action. Should the City fail to either promptly notify or cooperate fully,
developer/applicant shall not, thereafter be responsible to indemnify, defend, protect,
or hold harmless the City, any agency or instrumentality thereof, or any of its officers,
employees, or agents.
If subdivision phasing is proposed, the applicant shall submit a phasing plan to the
Planning Manager for approval.
The tentative subdivision shall comply with all requirements of Specific Plan No. 199
and its amendments unless superseded by these conditions of approval.
5. The tentative subdivision shall be covered by Covenants, Conditions and Restrictions
R:~TAFFRFI~ 144PA.~.COA ~'~ klb
and Homeowner Association requirements already established for other residential
subdivisions within Village A of Specific Plan No. 199.
Maintenance of common areas and slope areas shall be provided in accordance with
Exhibit F - Maintenance Responsibility Exhibit.
Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet
or wider.
Prior to Issuance of Grading Permits
The applicant shall submit a copy of the Rough Grading plans to the Planning Director
for approval.
o
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code.
10.
The applicant shall submit construction landscape plans to the Planning Department for
review and approval. The plans shall be consistent with City standards including
automatic irrigation for all landscaped areas and complete screening of all ground
mounted equipment from the view of the public from streets and adjacent property
including:
Landscaping on all sloped areas and common areas.
Front yard landscaping.
The height, location and materials for all walls and fences along rear and side
yards of individual interior lots. Fencing shall be installed at the toe of slopes.
Prior to Recordation of the Final Map
11. The applicant shall submit the following to the Planning Director for approval:
A copy of the Final Map
A copy of the Rough Grading Plans
A copy of the Environmental Constraint Sheet (ECS) with the following notes:
"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.'
The applicant shall submit a copy of Covenants, Conditions, and Restrictions
(CC&R's) for review and approval by the Planning Department, Public Works
Department and the City Attorney.
Pdor to I~.uance of Building Permits
12.
The applicant shall submit a receipt or clearance letter from the Temecula Valley School
District to the Planning Department to ensure the payment or exemption from School
Mitigation fees.
R:~T,S, FFRI~I44~A97.COA 9/3~7 Idb
2
13. The applicant shall submit the following to the Planning Director for approval:
Precise grading plans consistent with the approved rough grading plans including
all structural setback measurements.
The Temporary use Permit application for a Model Home Complex (if applicable)
which includes the following:
ii.
iii.
iv.
V.
vi.
Site Plan with off-street parking
Construction Landscape Plans
Fencing Plans
Building Elevations
Floor Plans
Materials and Colors Board
Ce
A Development Plan shall be submitted and approved by the Planning Director
for the housing product.
14.
The applicant shall submit an acoustical analysis to the Planning Department for
approval..The analysis shall be submitted prior to the issuance of the first building
permit for the project. The analysis shall contain recommendations to ensure that noise
levels do not exceed 65dBA for exterior and 45dBA for interior noise levels.
15.
Roof-mounted mechanical equipment shall not be permitted within the subdivision,
however solar equipment or any other energy saving devices shall be permitted with
Planning Director approval.
Prior to I.suance of Occupancy Permits
16. From yard and slope landscaping within individual lots shall be completed for inspection.
17.
All the Conditions of Approval shall be complied with to the satisfaction of the Directors
of Planning, Public Works, Community Services and Building and Safety.
PUBLIC WORKS DEPARTMENT
The Department of Public Works recommends the following Conditions of Approval for this
project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost
to any Government Agency.
General Requirements
18.
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.
19.
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.
20.
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.
21.
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 Temeculs mylars.
Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall
complete the following or have plans submitted and approved. subdivision improvement
agreements executed and secudtie~ posted:
22.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
·
·
·
·
·
·
·
·
·
·
·
·
·
San Diego Regional Water Quality Control Board
Rancho California Water District
Eastern Municipal Water District
Riverside County Flood Control and Water Conservation District
City of Temecula Fire Bureau
Planning Department
Department of Public Works
Riverside County Health Department
Cable TV Franchise
Community Services District
.General Telephone
Southern California Edison Company
Southern California Gas Company
23.
The Developer shall construct the following public and private improvements to
standards approved within Specific Plan Amendment No.3 unless otherwise noted.
Plans shall be reviewed and approved by the Department of Public Works:
Improve Meadows Parkway from Rancho California Road to meet and match
existing northerly improvements to Major Highway Standards (100' R/W) to
include dedication of full-width right-of-way; installation of half-width paved
street improvements plus full raised traffic safety island, 12-foot paved travel
lane easterly of centerline and an eight-foot D.G. shoulder; curb and gutter;
sidewalk; street lights; drainage facilities; signing and striping; utilities (including
but not limited to water and sewer).
Improve Royal Birkdale Drive to Modified Local Standards (65.5' R/W) to include
dedication of full-width street right-of-way, installation of full-width street
improvements including 12-foot raised traffic safety island, paving, curb and
gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer).
Improve all private interior streets to Modified Local Standards (50' R/W), with
the exception of Streets 'A' and 'J" (66'R/W) to include dedication of full-width
street right-of-way (in addition to 16' raised median for Streets "A' and 'J'
exclusively), installation of full-width street improvements, paving, curb and
4
gutter, sidewalk, street lights, drainage facilities, signing end striping, utilities
(including but not limited to water and sewer).
Unless otherwise approved the following minimum criteria shall be observed in the
design of the street improvement plans, as specified in City Standards and Specific Plan
Amendment No.3:
Minimum street centerline radii shall be 250 feet, except as modified through the
Specific Plan.
Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00%
minimum over A.C. paving. Maximum street grade shall not exceed 12%.
Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or
208.
d. Street lights shall be installed along the public streets and designed in
accordance with Ordinance No. 461.
Concrete sidewalks shall be constructed in accordance with Modified City
Standard Nos. 400 and 401 to a standard width of 4.5 feet contiguous with face
of curb.
f. All street and driveway centerline intersections shall be at 90 degrees.
All units shall be provided with zero clearance garage doors and garage door
openers if the driveway is less than 18 feet in depth from back of sidewalk.
Landscaping shall be limited in the corner cut-off area of-all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
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.
j. Cul-de-sac geometries shall meet current City Standards.
Relinquish and waive right of access to and from Rancho California Road and Meadows
Parkway on the Final Map with the exception of interior street openings as approved by
the Department of Public Works.
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.
l~TAFFRl~I44PA97.COA 9/~9~ k~ ~
o
10.
11.
12.
13.
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.
Any delinquent property taxes shall be paid.
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 final
map. A copy of the ECS shall be transmitted to the Planning Department for review and
approval. The following information shall be on the ECS:
a. Special Study Zones.
b. Geotechnical hazards identified in the project's geotechnical report.
c. Archeological and peleontological resources found on the site.
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.
All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable
TV, and/or security systems shall be pre-wired in the residence.
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.
Bus bays will be provided at all existing and future bus stops as determined by the
Department of Public Works.
Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted on the final map.
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."
6
Prior to Issuance of Grading Permits
14.
As deemed necessary by the Department of Public Works, the Developer shell receive
written clearance from the following agencies:
·
·
·
·
·
·
·
·
·
San Diego Regional Water Quality Control Board
Riverside County Flood Control end Water Conservation District
Planning Department
Department of Public Works
Riverside County Health Department
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
15.
A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City
of Temecule 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.
16.
An updated 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 and preliminary pavement sections.
17.
An updated Geetechnical 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
geetechnical hazards for the site including location of faults and potential for
liquefaction. The report shall include recommendations to mitigate the impact of ground
shaking and liquefaction.
18.
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 end 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.
19.
The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPOES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
R:~TAFFBP~44PA97,COA 9/3/97 klb 7
20.
21.
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.
A flood mitigation charge shall be paid. The charge shall equal the prevailing Area
Drainage Plan fee rate multiplied by the area of new development. The charge is
payable to the Riverside County Flood Control and Water Conservation District prior to
issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has
already been credited to this property, no new charge needs to be paid.
22.
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.
23.
All lot drainage shall be directed to the driveway by side yard drainage swales
independent of any other lot.
Prior to Issuance of Build'rag Permits
24. The corresponding Final Map shall be approved and recorded.
25.
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.
26.
Grading of the subject property shall be in accordance with the Uniform Building Code,
the approved grading plan, the conditions of the grading permit, City Grading Standards
and accepted grading construction practices. The final grading plan shall be in
substantial conformance with the approved rough grading plan.
27.
The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with the Memorandum of Understanding dated April 23,
1996.
Prior to Issuance of Certificates of Occupancy
28.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
Rancho California Water District
Eastern Municipal Water District
Department of Public Works
29.
All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
30.
All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
R:~STAF!~I44PA97.COA 9~ I~ 8
The existing improvements shall be reviewed. Any appurtenance damaged or broken due
to the construction operations of this project shall be repaired or removed and replaced
to the satisfaction of the Director of Public Works.
BUILDING AND SAFETY DEPARTMENT
32.
Comply with applicable provisions of the 1994 edition of the California Building,
Plumbing and Mechanical Codes; 1993 National Electrical Code; California
Administrative Code, l'rtle 24 Energy and Disabled Access Regulations and the Temecula
Municipal Code.
33. Obtain street addressing for all proposed buildings prior to submittal for plan review.
34.
Provide electrical plan including loan calca and panel schedule, plumbing schematic and
mechanical plan for plan review.
35.
Prior to building permit issuance, approval must be obtained from the Water District,
Sanitation District, Public Works Department, Fire Department, Planning Department and
Building Department.
36.
Based on submitted documents, the occupancy classification of the proposed use shall
be R-3, U-1.
37.
Truss calculations that are stamped by the engineer of record, the truss manufacturers
engineer, are required for plan review submittal.
TEMECULA COMMUNITY SERVICES DISTRICT
Community Services has reviewed the revised tentative map application and has the following
conditions of approval:
nFNFRAI RF('1! IIR!:MFNT~q:
38.
The park dedication requirement (Quimby) shall be satisfied with the development and
dedication of the community park identified in Specific Plan 199. Amendment No. 3.
39.
The installation of all slopes and landscaped medians shall be in conformance with the
City of Temecula Landscape Development Plan Guidelines and Specifications.
0,
Construction of the community park, slopes and landscaped medians proposed for
dedication to the TCSD shall commence pursuant to a pre-job meeting with the
developer and the City Maintenance Superintendent. Failure to comply with the TCSD
review and inspection process may preclude acceptance of these areas into the TCSD
maintenance program.
41.
The developer shall complete the TCSD application process prior to the acceptance of
street lighting and perimeter slope areas into the respective TCSD maintenance
programs. The developer shall maintain the slopes and landscaped medians until such
time as those responsibilities are accepted by the TCSD or other responsible party.
lt:~rAFFRPT~I44PA97.COA ~ l~ ~
42.
Exterior slopes adjacent to Rancho California Road and Meadows Parkway shall be
maintained by an established homeowner's association until such time as those
responsibilities are offered and accepted by the TCSD for maintenance purposes. All
other interior slopes, open space, perimeter walls, and entry monumentetlon shall be
maintained by a homeowner's association.
43.
Bike lanes shall be provided on site to intercept with the City's Park and Recreation
Master Plan. Class II bike lanes shall be completed in concurrence with the street
improvements.
PRI~R Trt R!=~..~!RnATI~N ~F FINAl MAP.~:
Prior to recordation of the final map, landscape construction drawings for the slopes
and landscaped medians proposed for dedication to the City shall be reviewed and
approved by the Director of Community Services.
PRInR T(t I~q.q!JANr-!:: rJF RIIII rJlNO PFRMIT-q:
45.
Prior to the installation of street lights or issuance of building permits, whichever comes
first, the developer shall pay the appropriate fees to the TCSD for the dedication of
arterial and residential streets into the appropriate TCSD maintenance program.
46.
The community park shall be improved and dedicated prior to the issuance of the 608th
overall residential building permit within the Temeku Hills development.
PRIrtR Trt I,~R!IANP-; ~F P-!=RTIFIP-AT!=-~ ~F tIP-P-!IPANP. y:
47.
It shall be the developer's responsibility to provide written disclosure of the existence
of the TCSD and its service level rates and charges to all prospective purchasers.
48.
Prior to the issuance of the first certificate of occupancy within each phased map, the
developer shall submit the most current list of Assessor's Parcel Numbers assigned to
the final project.
OTHER AGENCIES
49.
The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District's transmittal dated May 16, 1997, a copy of which is attached.
50.
The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated May 21, 1997, a copy of which is attached.
51.
The applicant shall comply with the recommendations outlined in the Riverside County
Flood Control and Water Conservation District's transmittal dated June 26, 1997, a
copy of which is attached.
I have read, understand and accept the above Conditions of Approval.
Applicant Name
]:,astern 2 [uni¢ipa(L)istrict
Mm, c~
May 16, 1997
Riverside' Ceu.'Vo,, Health Depar'anent
c/o Rick Engineering Company
3050 Chicago Avenue
Suite 100
Riverside, C~ 92507
Gentlemen:
RE: Availability of San#my ~wer ,Sandra for~ Tmet 984e~ . We hereby adrien you relative to
the ~ of .f, anila~ ~ ~ for the above referenoed IXOlXmod develoixllent ee ~
The properly to be occtcie~l by the mJbject pr~pe..d deve~ome~ I~ PR~'S~alT! Y e OCATI=n within
bouncmy ires of mis oimers ~T~orovement Oismct No.j!=j_ .od b eUgede ~o rece,~ eanaary ~ewer serv~,
Upon submittal of plans for review the District will dlti,,,,i,! the following:
1) Major off-site f. cililles may be required to senm this project.
Sanitary sawer service will be made available to the subject property provided:
~)
2)
The developer completes all nsc,,ss~/financial and other arrangements therefore, as
determined by the Dislrict. ~ the Dislxict by November 1S$8
Th~ no ! IMmNG CONnfT1ON8 W which ARF m=YONn this DISTRICT'S CONTROl or
CANNOT RI: COST-EFF!=CTN~ y taxi/or reasonably .itilE;~ by ~ Dialriot, ~
conditions may include but are nc4 ambd to, acts of God, REGUI ~TORY AG~=NCY
RKrJUIR=MENTS or de 'c~iono, or legal actions inillatod by olhere;
If you have any queslions or comments regarding the foregoing, do not hesitate to Contact this office.
~illcerely,
Kooert N. Spre~F¢
Assistant Director of Customer Service
FlAY 2 0 1997
Mail to: Post Office Box 8300 · San Jacinro, C~ifornia 92581-8300 · Telephone (909) 925-7676 · Fax (909) 929-0257
Main Office: 2045 S. San Jacinto Avenue. San ]acinto · Customer Service / Ensineeting Annez: 440 E. Oakland Avenue, Hamer, CA
Operations &: Maintenance Center: 2270 Trumble Road. Parris, CA 92571 · Telephone (909) 928-3777 · Fax (909) 928-6177
omcere:
General Manafter
Phillip L Forbet
Direnor of Finance -
Tre&surer
E. P. "Bob" Lemons
Diree~4r of F, nglneer~ng
Kemtetb C. D~mly
Director of Operettafin
Pnrry R. L.ouek
Centrelier
tindo M. Frofooo
District Secretary/Admmtral~ve
Serwceo Manaier
C. Michael Cower
Best Best & Krieger LLP
May 21,199
Ms. Carole Donahoe, Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT:
WATER AVAILABILITY
TRACT MAP 28482
PLANNING APPUCATION NO. PA97-0144
Dear Ms. Donahoe:
Please be advised that the above-referenced property is located within
the boundaries of Rancho California Water District (RCWD). Water
service, therefore, would be available upon completion of financial
arrangements between RCWD and the property owner. The Developer
should contact RCWD concerning facility requirements, upsizing the
required facilities, and the relocation of any District facilities.
If fire protection is required, the customer will need to contact RCWD
for fees and requirements.
Water availability would be contingent upon the property owner signing
an Agency Agreement which assigns water management rights, if any,
to RCVVD.
If you have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P.E.
Development Engineering Manager
97/SB:eb097-2/F012/FEF
c: Laurie Williams, Engineering Services Supervisor
Rancho CMJforstJo Water District
DAVID P. ZAPPE
~.mnernl Maesly:r-Chief -Engineer
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
C~ of Ternecula
Plam~ng Depann~en_ t
43200 Business Pa~ Drive
Temeclda, ~ 92590
Cadies and Gentlemen:
1995 MARKET STREET
RIVERSIDE, CA 92501
909/275- ! 200
909/788-9965 FAX
7829. i
This projeot involves Dialrict ~ Plan ft :FI',s. The Diulriot will aoo~q~t o.;.,m. rd~ip of such faoilities on
required.
INFORMATION
If a natural wat~our~ or maPl~d flood plain i~ ~ ~ Ih~ proj~_ th~ City ~ r .~10i~ tim al~iOant to
obtain a ~mction 100111003 Agm~mer,?rom the Calif~,,ia D~!~nl~,cnt of F'mh n~l ~rn~ and n Ol~n Wat~ Act
ttm proj~_ _ is .x~mpt-from ~ mquimrrmntt A_Ol~nn Wa~r Act ~ 4~.1 warm O _ua~/.. ¢~.~ may I~
require! from ttm 100al California R~iormi V~t~r ~ualRy C~ntroi Board ~ m i~unno~ of tl~ Oorl~ 404 ~
Very tndy yours,
STUART E. MCKIBBIN
Senior Civil Engineer
ATTACHMENT NO. 5
RESOLUTION NO. 97-
PA97-0143
ATI'AC~ NO, ~
PC I~-~O~I~I~ION NO. ~7-
A RESO~ON OF THE PLANNING COMMISSION OF
THE CITY OF TEMECLR,A APPROVING PLANNING
APPLICATION NO. PA97-0143 (TENTATIVE TRACT MAP
NO. 28526) LOCATED SOUTH OF LA SE!~I~A WAY, EAST
OF MARGARITA ROAD, WEST OF MEADOWS
PARKWAY, NORTH OF RANCHO CALIFORNIA ROAD,
WI~I'HI~ T]~E MARGARITA VILLAGE $~C PLAN
AND KNOW~ A~ A~~R*$ PARCEL NO. 953..260-001
through -009 and ~$3-270-001 through .4~08
WHI~.EAS, Temeku Hills Development Partners, L.P. filed Planning Application No.
PA.97-0143 in accordance with the City of Temeoda General Plan and Riverside County Land Use
and Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, Planning Application No. PA97-0143 was processed in the time and manner
prescribed by State and local law;
WHEREA~, the Planning Commission considered Planning Application No. PA97-0143
on September 8, 1997, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WI]FEREAS, at the public hearing, upon heating and considerin_g all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all facts
relating to Planning Application No. PA97-0143;
NOW, TH!~K!~ORE, TUF~ ~G COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findi~gz. That the Temecuh Planning Commission hereby malees the
following findings:
A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be
approved unless the following findings are made:
1. The proposed land division and the design or improvement of the project
is consistent with the City's General Plan and Specific Plan No. 199. The site is physically
suitable for the type and density of development. The project proposes reduction of dwelling units
from 62 to 44 residential parcels on 6.04 acres for a density of 7.28 units per acre. This is
consistent with the General Plan Land Use designation for maximum density on the site.
2. The design of the proposed land division or proposed improvements is not
*likely to cause substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. The project site has been previously $raded and partially developed.
There is no fish, wildlife or habitat on the project site, and the project will not affect any fish,
wildlife or habitat off-site. The project will not in~viduatly or cumulatively have an adverse
effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
3. The design of the proposed land division or the type of improvements is not
likely to cause serious public health problems. The project has been reviewed for conformance
with Specific Plan No. 199, the City's General Plan, Development Code,' Subdivision and
Landscaping Ordinances. The project is consbrent with these documents and conditions of
approval have been placed on the project accordingly to assure that the development conforms to
City St~od,~is.
4. The design of the proposed land division or the type of improvements will
not conflict with'easements, aequil~ by the public at large, for access through, or use of,
property within the proposed land division. The project will take access from La Serena Way,
Meadows Parkway, Rancho California Road and Margarita Road, and will not obstruct any
easements.
5. The map as proposed, conforms to the logical development of the proposed
site, and is compatible with the health, safety and welfare of the community.
Section 3. F. nvimnm~ntnl ~cmlpllnnc~.. Environmental Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
$Ulm'Visors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional
studies were undertaken to update and complement the original ~IR. The additional studies, a
geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the
validity of the orig'mal analysis.
It has been eleven (11) years since the original environmental analysis was
performed for this project Ttmzfore, Staff prepared another Initial Environmental Assessment
to examine the quintion of whether any impacts beyond those analyzed in the previous EIR and
subsequent studies would rmult from the propo~! project, changm in drcumstances, or new
information. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, ~ request! additional information from the applicant. ~ upon Staff's
analysis, the project is consistent with the information contained in the previously certified EIR.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous ana/ysi~.
Under California Public Resources Code Section 21166 and Section 15162 of the
California Environmental Quality Act (CEQA) Guide}ines, no additional ~R is required unless
R: ~ST. AFFRF'A 142PAgrT.PC 9/3/97 klb
32
additional impacts not previously considered, or substantial increases in the severity of impacts,
may result from: substantial changes in the circumstances under which the project is undertaken
which would require a major revision in the ~FR, or new information that could not have been
known at the time the EIR was prepar~ becomes available. None of these ,situations bas
occurred; therefore, no further environmental analysis is required.
Section 4. c, mdit~on.~. That the City of Temecula Planning Commission hereby appwves
Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) located south of La
Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California
Road, within the Margarita Village Specific Plan and known as Assessor's Parcel Nos. 953-260-
001 through -009 and 953-270-001 through -008, subject to Exhibit A, attached hereto, and
incorporated herein by this reference and made a part hereof.
Section 5, PASSED, APPROVi~ AND ADOPTI~ this 8th day of September, 1997.
Linda Fahey, Chairman
I llk'lR~Ry CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 8th day of
September, 1997 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIOn:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R: ~I~AFFRFI'x 142PA~'/. PC 9/3/97
33
EXHIBIT A
CONDITIONS OF APPROVAL
PA97-0143
~z,u~z~4~^~.~c 9~ u, 34
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA97-0143 (Tentative Tract Map No. 28526)
Project Description:
Assessur's Parcel No.:
Approval Date:
Expiration Date:
A residential subdivision of 6.04 acres into 44 single
family lots with a minimum lot ~ize of 5,220 square feet,
within Planning Area 36 of Specific Plan No. 199
Margarita Village
953-260-001 through -009 and
953-270-001 through 4)08
September 8, 1997
Novemb~ 8, 2000 or es amended by Development
Agreement [PA97-0204)
PLANNING DEPARTMENT
General Requirements
The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of Ordinance No. 460, unless modified by the conditions
listed below. A time extension may be approved in accordance with the State Map Act
and City Ordinance, upon written request, if made 30 days prior to the expiration date.
The developer/applicant shall indemnify, protect, defend, and hold harmless, the City
and any agency or instrumentality thereof, and/or any of its officers, employees and
agents from any and all claims, actions, or proceedings against the City, or any agency
or instrumentality thereof, or any of its officers, employees and agents, to attack, set
aside, void, annul, or seek monetary damages resulting from an approval of the City, or
any agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning Planning Application
No. PA97-0143 (Tentative Tract Map No. 28526) which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter
4 (Section 21000 et ,~l;i., including but not by the way of limitations Section 21152 and
21167). City shall promptly notify the developer/applicant of any claim, action, or
proceeding brought within this time period. City shall further cooperate fully in the
defense of the action. Should the City fail to either promptly notify or cooperate fully,
developer/applicant shall not, thereafter be responsible to indemnify, defend, protect,
or hold harmless the City, any agency or instrumentality thereof, or any of its officers,
employees, or agents.
If subdivision phasing is proposed, the applicant shall submit a phasing plan to the
Planning Manager for approval.
e
The tentative subdivision shall comply with all requirements of Specific Plan No. 199
and its amendments unless superseded by these conditions of approval.
R:~qT~45PA.9/'.COA 9/:5/Y? c.d
The tentative subdivision shall comply with the conditions of approval for the underlying
Tentative Tract Map No. 23371.
Maintenance of common areas and slope areas shall be provided in accordance with
Exhibit F - Maintenance Responsibility Exhibit.
Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet
or wider.
Prior to Issuance of Grading Permit~
o
e
The applicant shall submit a copy of the Rough Grading plans to the Planning Director
for approval.
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code.
10.
The applicant shall submit construction landscape plans to the Planning Department for
review and approval. The plans shall be consistent with City standards including
automatic irrigation for all landscaped areas and complete screening of all ground
mounted equipment from the view of the public from streets and adjacent property
including:
Landscaping on all sloped areas and common areas.
Front yard landscaping.
The height, location and materials for all walls and fences along rear and side
yards of individual interior lots. Fencing shall be installed at the toe of slopes.
P~ior to Recordation of the Final Map ~-
11. The applicant shall submit the following to the Planning Director fc~r approval:
A copy of the Final Map
A copy of the Rough Grading Plans
A copy of the Environmental Constraint Sheet {ECS) with the following notes:
~l'his property is located within thirty (30l miles of Mount Palomar Observatory.
All proposed outdoor lighting systems shall comply with the California Institute
of Technology, Palomar Observatory recommendations, Ordinance No. 655."
The applicant shall submit a copy of Covenants, Conditions, and Restrictions
(CC&R's) for review and approval by the Planning Department, Public Works
Department and the City Attorney.
Pdor to Issuance of BuiMing Permits
12.
The applicant shall submit a receipt or c, learanca letter from the Temeoula Valley School
District to the Planning Department to ensure the payment or exemption from School
Mitigation fees.
R.%TrA-~rItlrBI4~AgT.COA ~ cd
2
13. The applicant shall submit the following to the Planning Director for approval:
Precise grading plans consistent with the approved rough grading plans including
all structural setback measurements.
The Temporary Use Permit application for a Model Home Complex (if applicable)
which includes the following:
ii.
iiio
iv.
V.
vi.
Site Plan with off-street perking
Construction Landscape Plans
Fencing Plans
Building Elevations
Floor Plans
Materials and Colors Board
A Development Plan shall be submitted and approved by the Planning Director
for the housing product.
14.
The applicant shall submit an acoustical analysis to the Planning Department for
approval. The analysis shall be submitted prior to the issuance of the first building
permit for the project. The analysis shall contain recommendations to ensure that noise
levels do not exceed 65dBA for exterior and 45dBA for interior noise levels.
15.
Roof-mounted mechanical equipment shall not be permitted within the subdivision,
however solar equipment or any other energy saving devices shall be permitted with
Planning Director approval.
Pdor to Issuance of Occupancy Permits
16. Front yard and slope landscaping within individual lots shall be completed for inspection.
17.
All the Conditions of Approval shall be complied with to the satisfaction of the Directors
of Planning, Public Works, Community Services and Building and Safety.
PUBLIC WORKS DEPARTMENT
The Department of Public Works recommends the following Conditions of Approval for this
project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost
to any Government Agency.
General Requirements
18.
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.
19.
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.
R:~TAFFILD'I~43PA97.COA W3/Y7 M 3
20.
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.
21.
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 roylets.
Prior to Approval of the Final Map, unless other tinting is indicated, the Developer shall
complete the following or have plane submitted and approved, subdivision improvement
agreement executed and securities posted:
22.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality Control Board
Rancho California Water District
Eastern Municipal Water District
Metropolitan Water District
Riverside County Flood Control and Water Conservation District
City of Temecula Fire Bureau
Planning Department
Department of Public Works
Riverside County Health Department
Cable TV Franchise
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
23.
The Developer shall construct the following public improvements to City of Temecula
General Plan standards and Specific Plan Amendment No.3 unless otherwise noted.
Plans shall be reviewed and approved by the Department of Public Works:
Improve Crystallaire Drive to Modified Local Standards (41.5' R/W) to include
dedication of full-width street right-of-way, installation of full-width street
improvements, paving, curb and gutter, sidewalk (northerly side only), street
lights, drainage facilities, signing and striping, utilities (including but not limited
to water and sewer).
24.
An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the
parcel\final map to delineate identified environmental concerns and shall be recorded
with each final map. A copy of the ECS shall be transmitted to the Planning Department
for review and approval. The following information shall be on the ECS:
a. Special Study Zones.
b. Any geotechnicel hazards identified in the project's geotechnical report.
c. Any archeological and paleontological resources found on the site.
R:~qT, AFFRInq~I43PA.97,COA ~3/97 M
4
25.
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.
26.
All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable
TV, and/or security systems shall be pre-wired in the residence.
27.
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.
28.
Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted the final map.
29.
Easements, when required for roadway dopes, 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 kel~t free of buildings and obstructions."
Prior to Issuance of Building Permits
30. The corresponding Final Map shall be approved and recorded.
31.
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.
32.
Grading of the subject property shall be in accordance with the Uniform Building Code,
the approved grading plan, the conditions of the grading permit, City Grading Standards
and accepted grading construction practices. The final grading plan shall be in
substantial conformance with the approved rough grading plan and Specific Plan
Amendment.
33.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality Control Board
Riverside County Flood Control and Water Conservation District
Metropolitan Water District
Planning Department
Department of Public Works
Riverside County Health Department
34.
The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
R:~TAI~;RPT~I43PA,97.COA ~ cad ~
grading shall be permitted until an NPDE$ Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
35.
The'Developer shah post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards,
Specific Plan Amendment and subject to approval by the Department of Public Works.
36.
A flood mitigation charge shall be paid. The charge shall equal the prevailing Area
Drainage Plan fee rate multiplied by the area of new development. The charge is
payable to the Riverside County Flood Control and Water Conservation District prior to
issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has
already been credited to this property, no new charge needs to be paid.
37.
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.
38.
All lot drainage shall be directed to the driveway by side yard drainage swales
independent of any other lot.
39.
The Developer shall pay to the City the Public Facilities Development Impact Fee as
re(luired by, and in accordance with the Memorandum of Understanding dated April 23,
1996.
Prior to Issuance of Certificate. of Occupancy
40.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
Rancho California Water District
Eastern Municipal Water District
Department of Public Works
41.
All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
42.
All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
BUILDING AND SAFETY DEPARTMENT
43.
Comply with applicable provisions of the 1994 edition of the California Building,
Plumbing and Mechanical Codes; 1993 National Electrical Code; California
Admi 'mstrative Code, Title 24 Energy end Disabled Access Regulations and the Temecula
Municipal Code.
44. Obtain street addressing for all proposed buildings prior to submittal for plan review.
45.
Provide electrical plan including loan calcs and panel schedule, plumbing schematic and
mechanical plan for plan review.
6
46.
Prior to building permit issuance, approval must be obtained from the Water District,
Sanitation District, Public Works Department, Fire Department, Planning Department and
Building Department.
47.
Based on submitted documents, the occupancy classification of the proposed use shall
be R-3, U-1.
48.
Truss calculations that are stamped by the engineer of record, the truss manufacturers
engineer, are required for plan review submittal.
TEMECULA COMMUNITY SERVICES DISTRICT
Community Services has reviewed the revised tentative map application and has the following
conditions of approval:
~FNFRA! RFtl! IIRFMFNT~q:
49.
The park dedication requirement (Quimby) shall be satisfied with the development and
dedication of the community park identified in Specific Plan 199, Amendment No. 3.
50.
The installation of all slopes and landscaped medians shall be in conformance with the
City of Temecula Landscape Development Plan Guidelines and Specifications.
51.
Construction of the community park, slopes and landscaped medians proposed for
dedication to the TCSD shall commence pursuant to a pre-job meeting with the
developer and the City Maintenance Superintendent. Failure to comply with the TCSD
review and inspection process may preclude acceptance of these areas into the TCSD
maintenance program.
52.
The developer shall complete the TCSD application process prior to the acceptance of
street lighting and perimeter slope areas into the respective TCSD maintenance
programs. The developer shall maintain the slopes and landscaped medians until such
time as those responsibilities are accepted by the TCSD or other responsible party.
53.
Exterior slopes adjacent to Rancho California Road shall be maintained by an established
homeowner's association until such time as those responsibilities are offered and
accepted by the TCSD for maintenance purposes. All other interior slopes, open space,
perimeter walls, and entry monumentstion shall be maintained by a homeowner's
association.
54.
Bike lanes shall be provided on site to intercept with the City's Park and Recreation
Master Plan. Class II bike lanes shall be completed in concurrence with the street
improvements.
PRIt!R T(I RF~r~RnATIr~N rtF FI~;A! MAP~q:
55,
Prior to recordation of the final map, landscape construction drawings for the slopes
and landscaped medians proposed for dedication to the City shall be reviewed and
approved by the Director of Community Services.
PRIr)R Tr~ Iq~q!I.AN~F ~F RJJll I'J!N~ P!::RMIT~q:
56.
Prior to the installation of street lights or issuance of building permits, whichever comes
first, the developer shall pay the appropriate fees to the TCSD for the dedication of
arterial and residential streets into the appropriate TCSD maintenance program.
57.
The community park shall be improved end dedicated prior to the issuance of the 608th
overall residential building permit within the Temeku Hills development.
PR!tlR T~ i.q~q!IANC-F ~F CFRTIFIC. ATF.q ~F tlC.~!IPAN~Y:
58.
It shall be the developer's responsibility to provide written disclosure of the existence
of the TCSD and its service level rates and charges to all prospective purchasers.
59.
Prior to the issuance of the first certificate of occupancy within each phased map, the
developer shall submit the most current list of Assessor's Parcel Numbers assigned to
the final project.
OTHER AGENCIES
60.
The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District's transmittal dated May 16, 1997, a copy of which is attached.
61.
The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated May 21, 1997, a copy of which is attached.
62.
The applicant shall comply with the recommendations outlined in the Riverside County
Flood Control and Water Conservation District's transmittal dated June 26, 1997, a
copy of which is attached. -
I have read, understand and accept the above Conditions of Approval.
Applicant Name
R:~TAFFR,PT~I43PA.9~.COA 9/3/97
J~astern l¥[unlcipa[ ~/~ter L)istrict
May 16. 1997
Riverode County Health Depatenent
Rick EnOineemO Company
3050 Chicago Avenue
Suite 100
Rivemicle, CA 92507
Gentlemen:
RE: Availabilily of Sanite~y Sewer Service for Tent.Uve Tract ~r~ . We hereby ~ you relaUve to
the ,v, ilel:iity of ~i~/a ~ for the ,Ix)re referenced 1~:a~.d d;v. kqL...~ ~ follovm:
The prope~y to be occupied by the m~jec~ propaisd d.~.lap,..ent 18 PI~SKNT! Y ! OCA'r!=n within the
Ixmndmy litre, of INs ~ Improvemere DisMet No. U4 told is eligible to moaive ~ ~r senate.
Upon submittal of pbns for review the District will d~mdn~ tim followlag:
1) Major off-sito f, cililm may be required to serve this project.
Slnitary sewer sewire will be nmde availibb to the subject property provided:
1)
The developat comptetse all ngc..sl17 tlnancill and outer .rmngemenls therefore,
detemdned by the DisWc~ with the Di~dct by November
2)
That no i IMITING CONnlTIONS e]dst which ARI= Rk'YOND INs nlSTRICT'5 CONTROl or
CANNOT R!= COSl'~~! Y and/or rashly sadsled by lite ~ which
conditions may include but are not Ibnited to, acts of God, ff~.PLIZIm4TORY AG!=NCY
RFrJUI~I=M!=NT8 or decisions, or legal Wits inillated by olhem:
If you have any queslions or comments regarding the foregoing, do not hesitate to .c.~ntec~ tl~ office.
As~stent Director of Customer Service
N .2 0 1997
Vlail to: Post Office Box 8300 · San jacinto. California 92581-8300 · Telephone (909) 925-7676 · Fax (909) 929-025?
vlaJn Office: 2045 S. San Jacinro Avenue. San Ja¢into · Customer Service / Engineering Annex: 440 E. Oakland Avenue, Hemet. CA
3perations & Maintenance Center: 2270 Trumble Road, Pettis. CA 92571 · Telephone (909) 928-3777 · F~ (909) 928-6177
May 21,199
Ms. Camle Donahoe, Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT:
WATER AVAILABILITY
TRACT MAP 28528
PLANNING APPLICATION NO, PA97-0143
Dear Ms. Donahoe:
Please be advised that the above-referenced property is located within
the boundaries of Rancho Califomia Water District (RCWD). Water
service, therefore, would be available upon completion of financial
arrangements between RCVVD and the property owner. The Developer
should contact RCVVD concerning facility requirements, upsizing the
required facilities, and the relocation of any District facilities.
If fire protection is required, the customer will need to contact RCWD
for fees and requirements.
Water availability would be contingent upon the property owner signing
an Agency Agreement which assigns water management rights, if any,
to RCWD.
If you have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P.E.
Development Engineering Manager
97158:ebO9?-3/F012/FEF
C: Laurie Williams, Engineering Services Supervisor
I~nebe California Water District
DAVID P. ZAPPE
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER. CONSERVATION DISTRICT
City of Temecula
Planning Department
43200 I~usiness Park Drive
Temecula, California 9259O
Attention:
Ladies and Gentlemen:
1995 MARKET STREET
RIVERSIDE, CA 92501
909/275-1200
909/788-9965 FAX
7829. !
d~ ' · facailMs ' .mg _~xma~___._o .sysm. .
a,4~san~age P~n fee~ (devek~p~ mlag~ fees). ~n additt~, ~(,,,,~n of a genera nature ~s prov~ed.
and safety or any olher such issue:
This project invoNes Dislrict Master Plan fee: 'Mfes, The Dislrk~ will acaept ownemhip of such faoii'~las on
inspection will be requirbcl for District acceptance. Plan cnec~ mSl~:~ and administraltve fees wHI be
required.
G!=NFRA~ INFORMATION
If ~ ~.~ inv ..o~ves a Federal Emff~. envy. Manag .eFt.. nt Agency (FE.MA] ma(~ed. ~ plain, then the City
reclu.~ me. apl'a:;,tt to ixovtde all.~cles, c~... tic~. ~. plans and omer m~xmaaon r_eq .uir~l. Io mee~ FEMA'
requ~e~x~tLs, and .s. hould ~ .refquim Ihat the applic~. nt omam a Cond'dional ~ .of ~ .R.L.e~isi~. (.CLOMR) pnor
to grading, recordation or other final approval of the project, and a Letter of Map RevisKxt (LOMR) pnor to occupancy.
If a natural watercourse or mapped flood plain is - .~ b_y this project, the City.should req.uire_.t~e applicant to
obtain a Section 160111603 Agreement from the California - ..Del~mneflt of Fish ana ~ aria a um~.n .Wa.t. er ...Act
Section 404 Proreit from Itm U.S. Am~y. Coq~ of Engineers, or written...corrf~xa~._ .ence from these.~...~ .~. ind~cati.ng
the pmjeqt_ is exempt'f/orn.~.. _r~:lu.~rements: A_Cle.a..n Water Act ~ 4.01.Water Q~__~ -Certification may_De
required from the local Califom~a Regional Water LJuallty Control Board pnor to ~uance of ttie Coq~ 404 parrtin.
C:
____~,.~otruly yours,
STUART E. MCKIBBIN
Senior Civil Engineer
ATTACHMENT NO. 6
PC RESOLUTION NO. 97-
PA97-0142
ATTACHMENT NO. 6
PC RESOLUTION NO. 97-
A ~LUTION OF THE PLANNING COMbfl~SION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA97-0142 (TENTATIVE TRACT MAP
NO. 23371 REVISED) GENEI~I.I.Y LOCAT~r~ SOUTH OF
LA S~I~NA WAY, EAST OF MARGARITA ROAD, WEST
OF ~ADOWS PARKWAY, NORTH OF RANCHO
CALIFORNIA ROAD, WITHIN TuF~ MARGARITA
VILLAGE SPECIFIC PLAN NO. 199
WH!/g, EAS, Temeku Hills Development Partners, L.P. filed Planning Application No.
PA97-0142 in accardan~ with the City ofT~ Gmcral Plan and Riverside County Land Use
and Subdivision Ordinances, which the City has adopted by reference;
IVIIIiI~AS, Planning Application No. PA97-0142 was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0142
on September 8,' 1997, at a duly noticed public hearing as prescribed by hw, at which time
interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all facts
relating to Planning Application No. PA97-0142;
NOW, THF.~RE, THE PLANNING COMMI~e, SION OF THE CITY OF
TIi~MECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLI~WS:
Section 1. That the above recitations are true and correct.
Section 2. Findirlg.~. That the Temecula Planning Commission hereby makes the
following findings:
A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be
approved unless the following findings are made:
1. The proposed land division and the design or improvement of the project
is consistent with the City's General Plan and Specific Plan No. 199. The site is physically
suitable for the type and density of development. The project proposes residential densities
cons/stent with the C, eneml Plan Land Use des/gnafions for Planning Areas 34, 35, 37, 41, 42 and
43. Tentative Tract Map No. 23371 was originally approved in 1988; the revision proposes
increased lot sizes and a new 12.5 acre park site.
2. The design of the proposed land division or proposed improvements is not
likely to cause substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. The project site has been previously graded and partially developed.
There is no fish, wildlife or habitat on the project site, and the project will not affect any fish,
wildlife or habitat off-site. The project will not individually or cumulatively have an adverse
effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
3. The design of the proposed land division or the type of improvements is not
likely to cause serious public health problems. The project has been reviewed for conformance
with Specific Plan No. 199, the City's General Plan, Development Code, Subdivision and
Landscaping Ordinances. The project is consistent with these documents and conditions of
approval have been placed on the project accordingly to assure that the development conforms to
Specific Plan and/or City Standards.
4. The design of the proposed land division or the type of improvements will
not conflict with easements, acquired by the public at large, for access through, or use of,
property within the proposed land division. The project will take access from La Serena Way,
Rancho California Road, Meadows Parkway and Margan. 'ta Road, and will not obstruct any
ea.v~ments.
5. The map as prot~sed conforms to the logical development of the proposed
site, and is compatible with the health, s~fety and welfare of the community.
Section 3. l:.nvi,mnmc-ntnl Cnn~plinnce. Environmental Impact Repun No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional
studies were underUtin~ to update and complement the original EIR. The additional studies, a
geotechnical study, traffic study and a Kangaroo Rat Uapping and update study, confirmed the
validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was
lx~rfom~ for this project. Therefore, Staff prepared another Initial Environmental Assessment
to examine the question of whether any impacts beyond those analyzed in the previous EIR and
subsequent studies would result from the proposed project, changes in circumstances, or new
information. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, staff requested additional information from the applicant. Based upon Staff's
analysis, the project is consistent with the information contained in the previously certified EIR.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162 of the
California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless
atditimal impacts not previously considmed, or substantial increases in the severity of impacts,
may result from: substantial changes in the circumstances under which the project is undertaken
which would require a major revision in the I~!R, or new information that could not have been
known at the time the F~iR was prepared becomes available. None of these situations has
occurred; therefore, no further environmental analysis is required.
Section 4. C'r~oditirm~. That the Ci~ of Te~dn Planning Commission hereby approves
Planning Applic3tion No. PA97-0142 (Tentative Tract Map No.23371 Revised) located south of
La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California
Road, within the Margarita Vill~e Specific Plan, subject to Exhibit A, attached hereto, and
incorporated herein by this reference and made a part hereof.
~'t'ction 5. PASSED, APPROVED AND ADOPTI/D this 8th day of September, 1997.
Linda Fahey, Chairman
I IiERF~Y CERTIFY that the foregoing Resolution was duly adopted by the Platming
Commission of the City of Temecula at a regular meeting thereof, held on the 8th day of
September, 1997 by the following vote of the Commission:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Sec~ta_,'y
~t:~qTAFFRF~I42~A97.1~ 9/3/97 k~ 38
EXHIBIT A
CONDITIONS OF APPROVAL
PA~7-0142
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA97-0142 (Tentative Tract Map No. 23371-Revised)
Project Dascdption:
Assassor's Parcel No.:
Approval Date:
Expiration Date:
A residential subdivision covering Planning Areas 34, 37,
41, 42 and 43 all with Specific Plan No. 199 - Margarita
Village
Va~ous
September 8, 1997
November 8, 2000 or as determined by Development
Agreamant (PA97-0204)
PLANNING DEPARTMENT
General Requirements
The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of Ordinance No. 460, unless modified by the conditions
listed below. A time extension may be approved in accordance with the State Map Act
and City Ordinance, upon written request, if made 30 days prior to the expiration date.
The developer/applicant shall indemnify, protect, defend, and hold harmless, the City
and any agency or instrumentality thereof, and/or any of its officers, employees and
agents from any and all claims, actions, or proceedings against the City, or any agency
or instrumentality thereof, or any of its officers, employees and agents, to attack, set
aside, void, annul, or seek monetary damages resulting from an approval of the City, or
any agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning Planning Application
No. PA97-0142 (Tentative Tract Map No. 23371-Revised) which action is brought
within the appropriate statute of limitations period and Public Resources Code, Division
13, Chapter 4 (Section 21000 at SP,~., including but not by the way of limitations
Section 21152 and 21167). City shall promptly notify the developer/applicant of any
claim, action, or proceeding brought within this time period. City shall further cooperate
fully in the defense of the action. Should the City fail to either promptly notify or
cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any
of its officers, employees, or agents.
If subdivision phasing is proposed, the applicant shall submit a phasing plan to the
Planning Manager for approval.
The tentative subdivision shall comply with all requirements of Specific Plan No. 199
and its amendments unless superseded by these conditions of approval.
The tentative subdivision shall comply with all conditions of approval of the underlying
Tentative Tract Map No. 23371, unless superseded by these conditions of approval.
l~:~'F.A~'F'IL~T~I42PA.~7.COA 9/3/~7 cd
Maintenance of common areas and slope areas shall be provided in accordance with
Exhibit F - Maintenance Responsibility Exhibit.
No construction shall occur within Planning Area 42 of Specific Plan No. 199 without
the proponent first filing Development Plans for City review and approval, unless single
family detached homes are proposed on each of the fifteen (15) lots.
Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet
or wider.
Prior to Issuance of Grading Permits
The applicant shall submit a copy of the Rough Grading plans to the Planning Director
for approval.
10.
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code.
11.
The applicant shall submit construction landscape plans to the Planning Department for
review and .approval. The plans shall be consistent with City standards including
automatic irrigation for all landscaped areas and complete screening of all ground
mounted equipment from the view of the public from streets and adjacent property
including:
a. Landscaping on all sloped areas and common areas.
b. Front yard landscaping.
The height, location and materials for all walls and fences along rear and side
yards of individual interior lots. Fencing shall be installed at the toe of slopes.
Prior to Recordation of the final Map
12. The applicant shall submit the following to the Planning Director for approval:
a. A copy of the Final Map
b. A copy of the Rough Grading Plans
c. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
'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."
de
The applicant shall submit a copy of Covenants, Conditions, and Restrictions
(CC&R's) for review and approval by the Planning Department, Public Works
Department and the City Attorney.
R:~'fAFFRF~I42PA9'Y,COA 9/3/F/ed 2
Prior to Issuance of Building Permits
13.
The applicant shall submit a receipt or clearance letter from the Temecula Valley School
District to the Planning Department to ensure the payment or exemption from School
Mitigation fees.
14. The applicant shall submit the following to the Planning Director for approval:
Precise grading plans consistent with the approved rough grading plans including
all structural setback measurements.
The Temporary Use Permit application for a Model Home Complex (if applicable)
which includes the following:
ii.
iii.
iv.
V,
vi.
Site Plan with off-street parking
Construction Landscape Plans
Fencing Plans
Building Elevations
Floor Plans
Materials and Colors Board
Ce
A Development Plan shall be submitted and approved by the Planning Director
for the housing product.
15.
The applicant shall submit an acoustical analysis to the Planning Department for
approval. The analysis shall be submitted prior to the issuance of the first building
permit for the project. The analysis shall contain recommendations to ensure that noise
levels do not exceed 65dBA for exterior and 45dBA for interior noise levels.
16.
Roof-mounted mechanical equipment shall not be permitted within the subdivision,
however solar equipment or any other energy saving devices shall be permitted with
Planning Director approval.
Prior to Issuance of Occupancy Permits
17. Front yard and slope landscaping within individual lots shall be completed for inspection.
18.
All the Conditions of Approval shall be complied with to the satisfaction of the Directors
of Planning, Public Works, Community Services and Building and Safety.
PUBLIC WORKS DEPARTMENT
The Department of Public Works recommends the following Conditions of Approval for this
project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost
to any Government Agency.
R:~qTAFPRPT~I42PAg7.COA ~/3/97 cd ~
General Requirements
19.
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.
20.
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.
21.
22.
An Encroachment Permit shall be obtained from the Department of Public Works prior
to commencement of any construction within an existing or proposed City right-of-way.
All improvement plans, grading plans, landscape and irrigation plans shall be coordinated
for consistency with adjacent projects and existing improvements contiguous to the site~
and shall be submitted on standard 24" x 36" City of Temecula mylars.
Prior to Approval of each Final Map, unless other timing is indicated, the Developer shall
complete the following or have Idans submitted and approved, subdivision improvement
egreement~ executed and securities posted:
23.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality Control Board
Rancho California Water District
Eastern Municipal Water District
Riverside County Rood Control and Water Conservation District
Metropolitan Water District -
City of Temecula Fire Bureau
Planning Department
Department of Public Works
Riverside County Health Department
Cable TV Franchise
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
24.
The Developer shall construct the following public improvements to City of Temecula
General Plan standards unless otherwise noted. Plans shall be reviewed and approved
by the Department of Public Works:
For Tr. 23371-9 & Tr. ~R371-10 Iwhichever records first}:
Improve La Serena Way from westerly phase boundary of unit 10 to Temeku
Drive to Secondary Highway Standards (88' R/W) to include dedication of full-
width street right-of-way; installation of half-width street improvements plus
overlay of existing northerly half-street to satisfaction of the Public Works
Director; full section paving; curb and gutter; sidewalk; street lights; drainage
R:~TAFFEP~I42PA97.COA 9D/F/~1 4
facilities; signing and striping; utilities (including but not limited to water and
sewer).
For Tr. ~3.~7'1-11 & Tr. ~R371-1R (whichever records first}:
bo
Improve La Serena Way from westerly boundary of Unit 10 to Meadows Parkway
to Secondary Highway Standards (88' R/W) to include dedication of full-width
street right-of-way; installation of half-width street improvements plus overlay
of existing northerly half-street to satisfaction of the Public Works Director; full
section paving; curb and gutter; sidewalk; street lights; drainage facilities;
signing and striping; utilities (including but not limited to water and sewer).
For Trs. P3371-9. ~RR71-11. ~RR71-1P & Tr. ~3371-F (whichever recnrds first):
Co
Improve Temeku Drive to match existing improvements constructed per Unit 1
(MWD right-of-way) to La Serena Way to Modified Collector Standards (62' R/W)
to include dedication of full-width street right-of-way; installation of full-width
street improvements; full section paving; curb and gutter; sidewalk; street lights;
drainage facilities; signing and striping; utilities (including but not limited to
water and sewer).
For Trs. ~R371-11 & 9.~R71-1R (whichever crimes first}
Improve Meadows Parkway from existing improvements to southerly boundary
of Unit 11 to Major Highway Standards (100' R/W) OR meet and match
improvements completed per Tract. No. 28482. In either case, obligation
includes dedication of full-width right-of-way; installation of half-width paved
street improvements plus full raised traffic safety island, 12-foot paved travel
lane easterly of centerline and an eight-foot D.G. shoulder; curb and gutter;
sidewalk; street lights; drainage facilities; signing and striping; utilities (including
but not limited to water and sewer).
Improve all interior streets to Modified Local Standards (50' R/W) to include
dedication of full-width street right-of-way, installation of full-width street
improvements, paving, curb and gutter, sidewalk, street lights, drainage
facilities, signing and striping, utilities (including but not limited to water and
sewer).
25.
All street improvement design shall provide adequate right-of-way and pavement
transitions per CaI-Trans standards for transition to existing street sections.
26.
Unless otherwise approved the following minimum criteria shall be observed in the
design of the street improvement plans, as specified in City Standards and/or Specific
Plan Amendment No.3:
Minimum street centerline radii shall be 250 feet, except as modified through the
Spat}fiG Plan.
be
Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00%
minimum over A.C. paving. Maximum street grade shall not exceed 12%.
R.'~TAFFRP~I42P~.COA 9/~9~ M ~
ho
Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or
208.
Street lights shall be installed along the public streets and designed in
accordance with Ordinance No. 461.
Concrete sidewalks shall be constructed in accordance with Modified City
Standard Nos. 400 and 401 to a standard width of 4.5 feet contiguous with face
of curb.
All street and driveway centerline intersections shall be at 90 degrees.
All units shall be provided with zero clearance garage doors and garage door
openers if the driveway is less than 18 feet in depth from back of sidewalk.
Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
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 an([ the utility
provider.
Cul-de-sac geometries shall meet current City Standards.
27.
28.
29.
30.
31.
Relinquish and waive right of access to and from Margarita Road (Unit 8); La Serena
Way (Units 8,9,10, 11 and 13); Meadows Parkway (Units 11 and 43)on the respective
Final Maps with the exception of interior street openings as approved by the Department
of Public Works.
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.
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.
Any delinquent property taxes shall be paid.
An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with each
final map to delineate identified environmental concerns and shall be recorded with each
final map. A copy of the ECS shall be transmitted to the Planning Department for
review and approval. The following information shall be on the ECS:
a. Special Study Zones.
b. Geotechnical hazards identified in the project's geotechnical report.
c. .Archeological and paleontological resources found on the site.
32.
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.
33.
All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable
TV, and/or security systems shall be pre-wired in the residence.
34.
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.
35.
Bus bays will be provided at all existing and future bus stops as determined by the
Department of Public Works.
36.
Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted each final map.
37.
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 'dra/nage
easements shall be kept free of buildings and obstructions."
Prior to Iseuance of Grading Permits
38.
As deemed necessary by the Department of Public Works, the DeveloPer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality Control Board
Riverside County Flood Control and Water Conservation District
Metropolitan Water District
Planning Department
Department of Public Works
Riverside County Health Department
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
39,
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.
R~TAFFRI~I~I421~A~7.COA ~ ~1 7
40.
An updated 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 and preliminary pavement sections.
41.
An updated Geotechnical Report shall be prepared by a registered engineer or
engineering geologist and submitted to the Department of public Works with the initial
grading plan check. The report shall address special study zones and identify any
geotechnical hazards for the site including location of faults and potential for
liquefaction. The report shall include recommendations to mitigate the impact of ground
shaking and liquefaction.
42.
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 upaizing 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.
43.
The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
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.
45.
A flood mitigation charge shall be paid. The charge shall equal the prevailing Area
Drainage Plan fee rate multiplied by the area of new development. The charge is
payable to the Riverside County Flood Control and Water Conservation District prior to
issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has
already been credited to this property, no new charge needs to be paid.
46.
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.
47.
All lot drainage shall be directed to the driveway by side yard drainage swales
independent of any other lot.
Prior to Issuance of BLdlding Permits
48. The corresponding Final Map shall be approved and recorded.
R:~TAI;FRP~ 142PA.97.COA 9/3,~7 od
8
49.
A Precise Grading Plan shall be subm~ed 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.
50.
Grading of the subject property shall be in accordance with the Uniform Building Code,
the approved grading plan, the conditions of the grading permit, City Grading Standards
and accepted grading construction practices. The final grading plan shall be in
substantial conformance with the approved rough grading plan.
51.
The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with the Memorandum of Understanding dated April 23,
1996.
Prior to Issuance of Certificates of Occupancy
52.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
Rancho California Water District
Eastern Municipal Water District
Department of Public Works
53.
All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
54.
All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
55.
The existing improvements shall be reviewed. Any appurtenance damaged or broken due
to the construction operations of this project shall be repaired or removed and replaced
to the satisfaction of the Director of Public Works.
BUILDING AND SAFETY DEPARTMENT
56.
Comply with applicable provisions of the 1994 edition of the California Building,
Plumbing and Mechanical Codes; 1993 National Electrical Code; California
Administrative Code, T~la 24 Energy and Disabled Access Regulations and the Temecula
Municipal Code.
57. Obtain street addressing for all proposed buildings prior to submittal for plan review.
58.
Provide electrical plan including loan caics and panel schedule, plumbing schematic and
mechanical plan for plan review.
59.
Prior to building permit issuance, approval must be obtained from the Water District,
Sanitation District, Public Works Department, Fire Department, Planning Department and
Building Department.
60.
Based on submitted documents, the occupancy classification of the proposed use shall
be R-3, U-1.
61.
Trusscslculations that are stamped by the engineer of record, the truss manufacturers
engineer, are required for plan review submittal.
TEMECULA COMMUNITY SERVICES DISTRICT
Community Services has reviewed the revised tentative map application and has the following
conditions of approval:
~;NFRAI RF~!JlRI:MI:NT-q:
62.
The park dedication requirement (Quimby) shall be satisfied with the development and
dedication of the community park identified as Lot No. 475 in future Tract no. 23371
13.
63.
The design of the community park shall be in conformance with the conceptual design
identified within Specific Plan No. 199, Amendment No. 3. The actual size of the park
shall be determined upon submittal of the final map for Tract No. 23371-13.
64.
Ballfield lighting shall be provided within the community park to allow for night use of
the playing fields. The developer shall provide a disclosure to all properties adjacent to
the park regarding the use of ballfield lighting.
65.
The community park shall provide for pedestrian circulation and handicapped
accessibility pursuant to the American Disability Act (ADA) Standards.
66.
The installation of all slopes and landscaped medians shall be in conformance with the
City of Temecuia Landscape Development Plan Guidelines and Specifications.
67.
Construction of the community park, slopes and landscaped medians proposed for
dedication to the TCSD shall commence pursuant to a pre-job meeting with the
developer and the City Maintenance Superintendent. Failure to comply with the TCSD
review and inspection process may preclude acceptance of these areas into the TCSD
maintenance program.
68.
The community park shall be dedicated to the City free and clear of any liens,
assessments, or easements that would preclude the City from using the property for
public perk purposes. A policy of title insurance and a soils assessment report shall also
be provided with the dedication of the property.
69.
The developer shall complete the TCSD application process prior to the acceptance of
street lighting and perimeter slope areas into the respective TCSD maintenance
programs. The developer shall maintain the perk facility, slopes and landscaped medians
until such time as those responsibilities are accepted by the TCSD or other responsible
party.
70.
Exterior slopes adjacent to Margarita Road, La Serena Way, Meadows Parkway, and
Rancho California Road shall be maintained by an established homeowner's association
R:~fAIrFRP~! 42PA97.COA 9/3/97 M
]0
until such time as those responsibilities are offered and accepted by the TCSD for
maintenance purposes. All other interior slopes, open space, perimeter walls, and entry
monumentetlon shall be maintained by a homeowner's association.
71.
Bike lanes shall be provided on site to intercept with the City's Park and Recreation
Master Plan, Class II bike lanes shall be completed in concurrence with the street
improvements.
PRIOR TO RECORDATION OF FINAL MAPS:
72.
Prior to recordation of the respective final map, landscape construction drawings for the
community park, perimeter slopes and raised landscaped medians shall be reviewed and
approved by the Director of Community Services.
73.
If the community park has not been completed prior to the recordation of future Tract
No. 23371-13, then subdivider shall enter into an agreement and bond for park
improvements prior to recordation of said map.
PRIOR TO ISSUANCE OF BUILDING PERMITS:
74.
Prior to the installation of street lights or issuance of building permits, whichever comes
first,'the developer shall pay the appropriate fees to the TCSD for the dedication of
arterial and residential streets into the appropriate TCSD maintenance program.
75.
The community park in future Tract No. 23371-13 shall be improved and dedicated prior
to the issuance of the 608th overall residential building permit within the Temeku Hills
development.
PRInR TO !-~UANCI: nF ~-I;RTIFI~ATF~ OF n~-~HPAN~Y:
76.
It shall be the developer's responsibility to provide written disclosure of the existence
of the TCSD and its service level rates and charges to all prospective purchasers.
77.
Prior to the issuance of the first certificate of occupancy within each phased map, the
developer shall submit the most current list of Assessor's Parcel Numbers assigned to
the final project.
OTHER AGENCIES
78.
The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District's transmittal dated May 16, 1997, a copy of which is attached.
79.
The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated May 21, 1997. a copy of which is attached.
11
80.
The applicant shall comply with the recommendations outlined in the Riverside County
Flood Control and Water Conservation District's transmittal dated June 26, 1997, a
copy of which is attached.
I have read, understand and accept the above Conditions of Approval.
Applicant Name
astern ./¥lEuni¢ipa| L)istrict
May 16, 1997
Riverside County Heallit Department
c/o Rick Engineemil Company
3050 Chicago Avenue
$u~ 100
Riverside, CA 92507
Gentlemen:
RE: Aveilelailly of 'San!troy,Sewer Sanace for Tentative Tract :~3371 . We hereby adv~e you relative to
I~a availabi~ of sanimy ~wer senate for the above referenced IXOpaaed development as toilm~:
The property to be occupied by the subject propmad development ~ PR!=m=NT~ Y l OCAT!=n within lite
bounclap/lines of INs Disldc~ Improvement District No. U4 and is eliglide to receive sanitary sewer sewice,
Upon submittal o~ pbns for review the District will determine the foffowing:
1) Major off-~le facilities may be requkad to eewe Utis project.
Sanitary sewer service will be rode available to the subject property provided:
1)
The developer completes all necee&my firmnclal and other arrangements therefore, as
,~ete,,,~,m:l in/the Dislrict, ~ b~e Dislriot by November 1998
That no ! ~TING CONnrI1ONS exist which AR~= R!=YOND this DISTRIC'I~ CONTROL or
CANNOT m= CO~T-~FF;CTIV~ Y and/or reasonably siliaaad by the Oisak~ which
condrdons m~/ include but are not limited to, acts of God, R;GUI RTORY AG~=NCY
REt~UIR!=M!=NT~ or decisions, or legal actions in'dJated by others;
if you have any questions or comments regarding the foregoing, do not he~sitate to 6ontaot thia of~e.
Assistant Director of Customer Service
HAY 2 0 997
RICK ENGINEERING CO.
Mall to: Post Office Box 8300 · San Jacinto, California 92581-8300 · Telephone (909) 925.7676 · Faz (909) 929-0257
K~ain Office: 2045 $. San Jaclnto Avenue, San Jacinto · Customer Service / Engineerins Annez: 440 E. Oakland Avenue, Hemet, CA
Operations 6c IVlaintenance Center: 2270 Trumble Road. Pettis, CA 92571 · Telephone (909) 928-3777 * Fa~ (909) 928-6177
May 21,199
Ms. Carafe Donahoe, Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT:
WATER AVAILABIUTY
TRACT MAP 23371-REVISION
PLANNING APPLICATION NO. PA97-0142
Dear Ms. Donahoe:
Please be advised that the above-referenced property is located within
the boundaries of Rancho Califomia Water District (RCWD). Water
service, therefore, would be available upon completion of financial
arrangements between RCWD and the property owner. The Developer
should contact RCWD concerning facility requirements, upsizing the
required facilities, and the relocafion of any District facilities.
If fire protection is required, the customer will need to contact RCWD
for fees and requirements. _
Water availability would be conUngent upon the property owner signing
an Agency Agreement which assigns water management.rights, if any,
to RCWD.
If you have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P.E.
Development Engineering Manager
97/8B:eI~097-1/F012/FEI=
C: Laurie Williams, Engineering Se~ices Supervisor
Rancho California Water Distrier
42:J. 35 Winchester Road · Po~t¢)ft~¢eBo'~)l? · 'r'i.mp~,,l~ (~nl;t'~rn~ O~)'~-O~%1~ ' ~rt~'--c ..... *'.~
DAVID P. ZAPI)E
Gceetal Mana~.~'.~'hicf -Eeghtcer
City of Temecula
P ' Depam[mn_ t
4~n~ulsiness Park Drive
Temecula, California 92590
Ladies and C-~ntlemen:
1995 MARKET STREET
RIVERSIDE, CA 9250 I
909/275- ! 200
909/788-9965 FAX
7829. I
RIVERSIDE COUNTY FLOOD CONTROL:-"i:'" :. ' ...........
AND WATER. CONSERVATION DISTI~IC:T~~ .:~i.'-."' .~ ,.-
,i .i! ,.: ~-; ~-:. :'
diainage faci~ which could be (x~._~ar: a a K)ga~_ (x:.,,q)or.~.~or a:~ana~u..n or a ramtar pin ayatam, and Diab~
required.
~..Ch/ai~_- _ Plan. Tha Dtaldcl r~lidsr ~ _==a~t"al c/.,~,,_.alS~_ _ of audt f",::liaa oa wnltm raqu~t
reclmr~ mr umalc~,~ ==ar~;nc~. Plan cha<~ k~a~l~[on m)d ad.&'ti~dli~e me~ wig be requi~d.
GFN;:RAI INFOrMaTION
. . /~greemen[ . ' _~s and C-mine and a C.4ean Water A~t
requireq from the local ~alifomia,Reoional Water OuaiJty Control Board imor to issuance of the Corps 404 permit.
C:
~Ven/truly yours, .
Senior Civil Engineer
ATTACHMENT NO. 7
INITIAL ENVIRONMENTAL ASSESSMENT DATED AUGUST 20, 1997
~,:~T~I42PA97.PC 9/3/97 lib 40
CITY OF TEMECULA
Environmental Checklist
1. Project Title:
Planning Application No. PA97-0142 (Tentative Tract Map No. 23371- Revised)
Planning Application No. PA97-0143 (Tentative Tract Map No. 28526)
Planning Application No. PA97-0144 (Tentative Tract Map No. 28482)
Planning Application No. PA97-0160 (Amendment No.3 to Specific Plan No. 199)
Plaoning Application No. PA97,0161 (General Plan Amendmen0
Planning Application No. PA97-0204 (Amendment and Restatement of Development
Agreement for Specific Plan No. 199, Village A)
l.ead A~en~y Nsme and Address:
City of Tcmecula, 43200 Business Park Drive, Temecula, CA 92590
Contact Person and Phone Number: Carole K. Donahoe, Project Planner (909) 694-6400
Project location:
South of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho
California Road, within the Temeku Hills Specific Plan (formerly Margarita Village)
Project ~l~on~or's N~me *nd Address:
McMiHin Project Services, Inc., 2727 Hoover Avenue, National City, CA 91950
General Plsn r~esignation.~:
Very Low/Rural Density Residential
Low Density Residential
Low Medium Density Residential
Medium Density Residential
High Density Residential
Neighborhood Commercial
Public and Institutional Facilities
Op~n Space/Recr~on
(.2 to .4 dwelling units per acre maximum)
(.5 to 2 dwelling units per acre maximum)
( 3 to 6 dwelling units per acre maximum)
(7 to 12 dwelling units per acre maximum)
(13 to 20 dwelling units per acre maximum)
Specific Plan
Descrii~tion of Prqject:
To change the G,mcral Plan density designations from Low Medium Density Residential to
Low Density l~esidentin! within H~mingArea 2, from Neighborhood Commercial to Medium
R:\C2EQA\ 160PA9'/.IE5 ~20/9'/klb 1
10.
Density Residential within Planning Area 3g, and from Medinn~ De~ity Residential to Low
Medium Density Residential within Planrang Area 40, all within Specifm Plan No. 199.
To request approval of Amendment No. 3 to Specific Plan No. 199, Temeku Hills (formerly
· Margarita Village).
To request approval of Amendment and restatement of Development Agreement for Specific
Plan No. 199, Village A)
To subdivide 74.5 acres into 368 single family residential lots, 2 landscape lots and 2 open
space/recreational lots.
To subdivide 6.04 acres into 44 single family residential lots.
To revise the subdivision of 118.3 acres within Tentative Tract Map No. 23371, creating 474
single family residential lots, and I park site.
Environmental Impact Report No. 202 was prepared for fig Margarita Village Slx-cific Plan and
certified by the County Board of Supervisors. It has been nine (9) years since the environmental
analysis was performed for this project. Therefore, Staff prepared another lmtial Environmental
Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR
would result from the pwposed project, changes in circumstances, or new information. /n areas where
there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested
additional information from the applicant, which was submitted as an Addendum to EIR No. 202.
Based upon $taff's analysis, the project is consistent with the information contained in the previously
certified ERR.. Due to the limited scope of the proposed changes to the specific plan, there will b~ no
effect beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162 of the California
Enviiom~clmd Quality Act (CEQA) Cmidelines, no additional EIR is requir~ unless additional impacts
not previously considered, or substantial increags in the severity of impacts, may result from:
substantial changes in the c/rcumstances under which the project is undmaken which would require a
major revision in the ENk or new information that could not have been known at the time the EIR was
prepared becomes available. None of these situations has occmred; therefore, no further environmental
analysis is required.
SurrouMi~ t.,md Uses
The site is surrounded by residential subdivisions to the west and norih, and partially developed
residential subdivisions to the east and south. Commercial development has occurred to the west, as
well as an occupied mobile home park. The project site is partially developed with a golf course and
golf amemties, residences, parks, schools, post office, church and open space.
Other l:mblic a~gencies whose approval is re~qpired:
Riverside County Fire Dopatnnent, Department of Environmental Health, and Flood Control; Eastern
Municipal Water District, Rancho California Water District; Temecula Valley Unified School District,
the Gas Company, Senthem California Edison Company, General Telephone Company, Riverside
Transit Agency.
R:~EQA\I60PA97.1ES ~20/~/klb 2
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, revolving at least one
impact that is a "potentially Significant Impact" as indicated by the checklist on the following pages.
[ ] Land Use and Planning [ ] Hazards
[ ] Population and Housing
[ ] Geologic Problems
[ ] Water
[ I Air Quality
[ ] Transportation/Circulation
[ ] Biological Resources
[ ] Energy and Mineral Resources
[X] None
DETERB~NATION
On the basis of this initial evaluation:
[x ]
[ ] Noise
[ ] Public Services
[ ] Utilities and Service Systems
Aesthetics
[ ] Cultural Resources
[ ] Recreation
[ ] Mandatory Findings of Significance
I find that the proposed project COULD NOT have a significant on the environment, that none of the
conditions described in Pubhc Resources Code Section 21166 and CEQA Guidelines Section 15162
calling for the preparation of a subsequent EIP,, have ocoured; therefore, the previous analysis
performed under EIRNo. 202 and certified by the County Board of Supervisors adequately addresses
aH hnpacts from this project. Staff is recommending the Planning Commission and the City Council
Mak~ a Determin~tio~ of Consistency With a Project for Which an Environmental Impact Report (EIR)
was Previously Certified and Findings that a Subsequent EIR is not required.
Signature
Printed Name
R:~CEQA\I60PA97.1E~ ~/20/9'/Mb 3
I$SUF.~ AND $UPI'ORTINO INFOItMATION SOURCES
Si~nifi~nt
Unkss
Mitigation
No
1AND USE AND PLANNING. Would the proposal:
a. Conflict with the proposed general plan designation or zoning?
[]
b. Conflict with applicable environmental plans or policies
adopted by agencies with jurisdiction over the project? [ ]
c. Be incompatible with existing land use in the vicinity?
(Source 1, Figure 2-1, Page 2-17) [ ]
d. Affect agricultural resources or operations (e.g. impacts to
soils or farmlands, or impsets from incompatible land us~) [ ]
e. Disrupt or divide the physical arrangeanent of an established
community (including low-income or minority community)? [ ]
POPULATION AND HOUSING, Would be proposal:
a. Cumulatively exceed official regional or local population
projects? [ ]
b. Induce substantial growth in an area either directly or
indirectly (e.g. through project in an undeveloped area
or extension of major infrasiructure)? [ ]
c. Displace existing honsmg, especially affordable housing? [ ]
GEOLOGIC PROBLEMS. Wo..!d the proposal result
in or expose people to potential impsels bmvolvhm~:
a. Fault rapture? [ ]
b. Seismic ground shaking? [ ]
c. Seismic ground failure, including liquefaction? [ ]
d. Seiche, tsunsmi, or volcanic hazard? [ ]
e. Landslides or mudflows? [ ]
f. Erosion, changes in topography or unstable soil conditions
form excavation, grading or fill? [ ]
Subsidence of the land? [ ]
Expansive soils? [ ]
Unique geologic or physical featwes? [ ]
[1
[1
[]
[]
[]
[]
[1
[1
[]
[]
[1
[3
[3
[1
[1
[1
[]
[1
[]
[]
[]
[]
[1
[]
[1
[1
[]
[1
[]
[1
[]
[]
[]
IX]
[x]
[x]
[x]
Ix]
ix]
Ix]
ix]
R:~-'EQA[160P~?.!ES' ~/'20/~Y Mb 4
ISSUES AND SUPPORTING INFORMATION SOURCES
Potentially
Potentially
Unless
L~s Than
$ignil'~ant
Impact
No
4. WATER. WouM the proposal result in:
a. Changes in absorption rates, drainage patterns, or the
rate and mount of surface
b. Exposure o£people or property to water related hazards
such as flooding?
c. Discharge into surface waters or other alteration of surface
water quality (e.g. temperature, dissolved oxygen or
turbidity)?
d. Changes in the amount of surface water in any water
body?
e. Changes in currents, or the course or direction of water
movements?
f. Change in the quantity of ground waters, either through
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations or through substantial
loss of groundwater recharge capability?
g. Altered direction or rate of flow of groundwater?
h. Impacts to groundwater quality?
i. Substantial reduction in the amount of groundwater
otherwise available for public water supplies?
$. AIR QUA/.gI'Y. Would the proposal:
a. Violate any air quality standard or contribute to an
existing or projected air quality violation?
b. Expose sensitive receptora to pollutants?
c. Alter air movement, moisture o~ temperature, or cause
any change in climate?
d. Create objectionable odors.*
6. TRANSPORTATION/CIRCULATION.
Would the proposal result in:
a. Increase vehicle trips or traffic congestion?
b. Hazards to safety from design features (e.g. sharp curves
or dangerous intersection or incompatible uses)?
[]
£]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[1
[]
[]
[]
[]
[1
[1
[]
[]
[1
[]
[1
[1
[1
[]
[]
[]
[]
[]
[]
[]
[1
[]
[1
[1
[]
[]
[]
[]
[1
[]
[]
[Xl
IX]
IX]
[x]
IX]
IX]
[xl
IX]
IX]
IX]
IX]
R:\CEQAX160PA9?.IE8 ~20/97 klb 5
ISSUES AND SUPPOR.TINO INFORMATION SOURCES
Potinitially
Polemially
Mi~smi~
NO
c. Inadequate emergency access or a~,ess to nearby uses?
d. Insufficient parking capacity on-site or off-site?
c. Hazards or barriers for pedestrians or bicyclists?
f. Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
g. Rail, waterborne or air traffic impacts?
7. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a. Bndangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects, animals
and birds)?
b. Locally designated species (e.g. heritage trees)?
c. Locally designated natural communities (e.g. oak forest,
cosstal habitat, etc.)?
d. Wetland habitat (e.g. marsh, ripsrian and vernal pool)?
e. Wildlife dispersal or migration corridors?
8. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a. Conflict with adopted energy conservation plans?
b. Use non-renewal resources in a wasteful and inefficient
manner?
c. Result in the loss of availability of a known mineral resource
that would be of future value to the region and the residents
of the State?
HAZARDS. Would the propreal involve:
a. A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemical or radiation)?
b. Possible interfereuce with an emergency response plan
or emergency evacuation plan?
c. The creation of any health hazard or potential health
hazard?
[]
[]
[]
[]
[]
[]
[1
[1
[]
[]
[]
[]
[]
[1
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[l
[1
[1
[3
[]
[]
[]
[]
[]
[]
[]
[]
[]
pc]
IX]
R:~C"EQA~I~OPA9?.IHS ~20/97 Idb (~
ISSUES ~JqD SU]'PORT~NO INFORMAT'ON SOURCES
d. Exposure of people to existinl~ sources of potential health
hazards?
e. Increase fire hazard in ~reas w th flammable brush,
~rass, or u'e~?
10. NOISE. Would the proposal reamair in:
a. Increase in existing noise levels?
b. Exposure of people to severe n~ise levels?
11. PUBLIC SERVICES. Would th~ proposal have an effect
upon, or result in a need for new or altered government
services in any of the following a
a. Fire protection? ·
b. Police protection7
c. Schools?
d. Maintenance of public facilities, including roads?
e. Other governmental services?
12. UTUATIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new ~yatems or supplies,
or substantial alterations to the fmJowing utilities:
a. Power or natural gas?
b. Communications systems?
c. Local or regional water treatmen or distribution
facilities?
d. Sewer or septic tanks?
¢. Storm water drainage?
f. Solid waste disposal?
g. Local or regional water supplies?
13. AESTHETICS. Would the proposal:
a. Affect a scenic vista or scenic highway?
b. Have a demonstrable negative aef. h~tic effect?
Potentially
[]
[]
[]
[3
[1
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[1
[1
Polentinily
Significant
Unless
Mitigation
~d
[]
[]
[]
[]
(]
[]
[]
[]
[]
[]
[]
[]
[1
[]
[]
[]
[1
[1
Signifi~mt
[]
[]
[]
[]
[1
[]
[]
[]
[ ]
[]
[]
[1
[]
[]
[]
[]
[]
[]
No
IX]
[x]
[x]
IX]
[x]
[x]
[x]
[x]
R:\CEQA\I61)PA.97.1ES ~20/97 i~b 7
ISSUES AND ~.rPPORTING IrlFORMATION SOURCF~
Pot~tially
Signif~m
Impm
Pom~idly
lnc~j~-md
Significant
No
14.
15.
16.
c. Create light or glar~
CULTURAL RESOURCES. Would the prop~al:
a. Disturb paleontologi~al resources7
b. Disturb archaeological resources?
c. Affect historical resc~ces?
d. Have the potential to cause a physical change which would
affect unique ethnic cultural values?
e. Restrict cxisting religious or sacred uses within the potential
impact area?
RECREATION. Wou d ti~ proposal:
a. Increase the demand for neighborhood or regional parks or
other recreational facilities?
b. Affect exiting recr~ .tional opportunities?
MANDATORY FIND: NGS OF S~GNIFICANCE.
Does the project have the potential to degrade the quality
of the environment, sabstantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-s~,~,ining levels, ~'eaten to eliminate
a plant or animal conunumty, reduce the number of resUict
the range of a r&-e or endangered plant or ~ or eliminate
important examples of the major periods of Califomia history
or prehistory?
b. Does the project have the potential to echieve short-term, to the
disadvantage of long. raton, enviroummtal goals?
Does the project have impacts that area individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means ~ the incremental effects of a
pwject are considerable when viewed in coonaction with
projects, and the effe~ ~ of probable future projects).
Does the project have environmental affects which will
cause substantial adverse effects on human beings, either
[)
[1
[]
[]
[]
(]
[]
[]
[)
[]
[1
[]
(]
[]
[]
[]
[]
[]
[1
[]
[)
()
[]
[)
(]
[]
[1
[1
[)
[]
[]
[1
[)
[]
[)
[)
(x]
[x]
[x]
[~
17. EA!~L/i~R ANALYSES.
Earher analy~s may be used whoz, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have
been adeq~!¢ly analyzed in an eat ier EIR or negative declaration. Section 15063(cX3)(D).
Earlier ataly~s used: Envirc, unental Impact Report No. 202 was prepared for the Margarita Village Specific Plan and
certified by the County Board ~f Supervisors. It has be~ nine (9) years since the environmental analysis was performed
for this project. Therefore, St~ffprepared another Initial Envix~nv,n~al ~t to examine the question of whether
any impacts beyond tho~ analyzed in the previous E]R would result from the propoland project, changes m cu'cumstances,
or new information.
SOURCES
i. City of Temecula General Plan.
2. Cin/of Temecula General Plan Fir. al Environmental Impact Report.
3. South Coast Air Quality Managercent District CEQA Air Quality Handbook.
Addendum to EIRNo. 202 dated.~ly 16, 1997
R:~..EQA\I60PA9~.IEB 1120~97 Idb 9
EXPLANATION OF CHECKLIST JUDGEMENTS
The following checklist judgements list the level of impact anticipated from the proposed project.
These judgements are made against the baseline of the adopted Specific Plan. The checklist
judgements address the ClUeStion of whether the proposed project revisions would result in
additional impacts, not previously addressed in the previously certified EIR.
1. Land Use Planning
a)
b)
c)
d)
e)
e
b)
No Impact. The proposed changes to Planning Areas 41, 42 and 43 are consistent with the
General Plan designations and zoning in these areas. Other proposed changes include an
amendment to the General Plan designations in order to maintain consistency with the General
Plan and zoning. The project will decrease density in Planning Area 2 from 3-6 dwelling units
per acre to 2 dwelling units per, which is consistent with the proposed Low density
designation. Planning Area 40 will decrease density from 7-12 dwelling units per acre to 4.94,
which is consistent with the proposed Low Medium density designation. The project proposes
a Change from Neighborhood Commercial uses in Planning Area 38 to Medium density
residential uses at 6.18 dwelling units per acre.
No Impact. The proposed project will not conflict with applicable environmental plans or
policies adoptedby agencies with jurisdiction over the project. The proposed project does not
introduce new land uses nor propose development in areas not previously designated for
development. Overall, the proposed project decreases the density of the previously approved
specific plan in both dwelling units per acre and intensity of use. Therefore, staff has
determined that the proposed project does not affect previously adopted environmental plans
or policies.
No Impact. The proposed project will not be incompatible with existing land uses in the
vicinity. Most of the adjacent land uses in the area are also residential. No buffering is
required.
No Impact. The proposed project revises portions within a specific plan that is already partially
developed with golf course, schools, churches, parks and residential development. No
agricultural activity has occurred at the site for several years.
No Impact. The proposal will not disrupt or divide the physical arrangement of an established
community. The proposed project is consistent with the adopted Specific Plan and will not
disrupt or divide the physical arrangement of the community in an manner that is different than
contemplated in the Specific Plan. The proposed project, in fact, is intended to enhance the
physical arrangement of the Temeku Hills community.
Population and Housing
No Impact. The proposal will not cumulatively exceed official regional or local population
projects. The proposed project is consistent with the adopted Specific Plan and decreases the
amount of density. It is therefore consistent with official regional and local projections.
No Impact. The proposal will not induce substantial growth in an area either directly or
indirectly beyond that previously analyzed in the previously certified EIR for the Specific Plan.
The proposed project is consistent with the adopted Specific Plan.
c)
b)
c)
d)
e)
f)
§)
h)
I)
No Impact. The proposal will not displace existing housing, especially affordable housing. The
proposed project site is currently vacant.
Geologic Problems
No Impact. The proposal will not result in any additional impacts from fault rupture beyond
those impacts described in the previously certified EIR. This is because the proposed project is
within the scope of the EIR and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional impact from seismic ground shaking
beyond those impacts described in the previously certified EIR. This is because the proposed
project is within the scope of the EIR and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional impacts from seismic ground failure
or liquefaction beyond those impacts described in the previously certified EIR. This is because
the proposed project is within the scope of the EIR and is consistent with the approved
Specific Plan.
No Impact. The proposal will not result in any additional impacts from a seiche, tsunami or
volcanic hazard beyond those impacts described in the previously certified EIR. This is
because the proposed project is within the scope of the EIR and is consistent with the
approved Specific Plan.
No Impact. The proposal will not result in any additional impacts from landslides or mudflows
beyond those impacts described in the previously certified EIR. This is because the proposed
project is within the scope of the EIR and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional impacts from erosion, changes in
topography or unstable soil conditions from excavation, grading or fill beyond those impacts
described in the previously certified EIR. This is because the proposed project is within the
scope of the EIR and is consistent with the approved Specific Plan. No additional significant
geotechnical information regarding the project site, erosion, soil or grading related impacts
have been developed since certification of the EIR.
No Impact. The proposal will not result in an impact due to subsidence of the land. The
proposed project is within the scope of the previously certified EIR and is consistent with the
approved Specific Plan. No additional significant geotechnical information regarding the
project has been developed since certification of the EIR. Therefore. no additional impacts
beyond those described in the EIR are anticipated.
No Impact. The proposal will not result in any additional impacts from expansive soils beyond
those described in the previously certified EIR. This is because the proposed project is within
the scope of the EIR and is consistent with the approved Specific Plan. No additional
significant geotechnical information regarding the project has been developed since
certification of the EIR.
No Impact. The proposal will not result in any additional impacts to unique geologic or
physical features beyond those impacts described in the previously certified EIR. This is
because the proposed project is within the scope of the EIR and is consistent with the
approved Specific Plan.
b)
cl
d)
e)
f)
g)
h)
I)
Water
No Impact. The proposal will not result in any additional changes in absorption rates, drainage
patterns, or the rate and amount of surface runoff beyond those impacts described in the
previously certified EIR. This is because the proposed project is within the scope of the EIR
and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional exposure of people or property to
water related hazards such as flooding beyond that described in the previously certified EIR.
This is because the proposed project is within the scope of the EIR and is consistent with the
approved Specific Plan.
No Impact. The proposal will not result in any additional discharge into surface waters or
other alteration of surface water quality beyond that described in the previously certified EIR.
This is because the proposed project is within the scope of the EIR and is consistent with the
approved Specific Plan.
No Impact. The proposal will not result in any additional changes in the amount of surface
water in any water body beyond that described in the previously certified EIR. This is because
the proposed project is within the scope of the EIR and is consistent with the approved
Specific Plan. ..
No Impact. The proposal will not result in any additional changes in currents, or the course or
direction of water movements beyond those described in the previously certified EIR. This is
because the proposed project is within the scope of the EIR and is consistent with the
approved Specific Plan.
No Impact. The proposal will not result in any additional change in the quality of ground
waters, either through direct additions or withdrawals, or through interception of an aquifer by
cuts or excavations or through substantial loss of groundwater recharge capability beyond that
described in the previously certified EIR. This is because the proposed project is within the
scope of the EIR and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional alteration to the direction or rate of
flow of groundwater beyond that described in the previously certified EIR. This is because the
proposed project is within the scope of the EIR and is consistent with the approved Specific
Plan.
No Impact. The proposal will not result in any additional impacts to groundwater quality
beyond that described in the previously certified EIR. This is because the proposed project is
within the scope of the EIR and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional substantial reductions in the amount
of groundwater otherwise available for public water supplies beyond that described in the
previously certified EIR. This is because the proposed project is within the scope of the EIR
and is consistent with the approved Specific Plan.
Air Quality
No Impact. The proposal will not result in any additional potential to violate any air quality
standard or contribute to an existing or projected air quality violation beyond that described in
the previously certified EIR. This is because the proposed project is within the scope of the
EIR and is consistent with the approved Specific Plan.
b)
No Impact. The proposal will not result in any additional exposure of sensitive receptors to
pollutant beyond that described in the previously certified EIR. This is because the proposed
project is within the scope of the EIR and is consistent with the approved Specific Plan.
c)
No Impact. The proposal will not result in any additional alteration of air movement, moisture
or temperature, or cause any change in climate beyond that described in the previously
certified EIR. This is because the proposed project is within the scope of the EIR and is
consistent with the approved Specific Plan.
d)
No Impact. The proposal will not result in the creation of any additional objectional odors
beyond that described in the previously certified EIR. This is because the proposed project is
within the scope of the EIR and is consistent with the approved Specific Plan.
T ransponation/Ch'culation
No Impact. A subsequent Traffic Impact Assessment was prepared on June 27, 1997, by
Wilbur Smith Associates to assess the vehicle trip generation impacts of Specific Plan
Amendment No. 3. This Assessment was submitted for the project and reviewed by Staff.
The Assessment concluded that the reduction of dwelling units associated with Amendment
No. 3 would generate approximately 735 fewer daily vehicle trips than the previously approved
Specific Plan with Amendments. The Assessment further noted that the proposed project
would generate 4,273 fewer trips than what is assumed by the City of Temecula's General
Plan Circulation Element Traffic Model (GPCETM). The Assessment also concluded that the
elimination of the commercial center would result in the reduction of an additional 4,000 daily
vehicle trips relative to both the GPCETM and the previously approved Specific Plan.
b)
No Impact. The proposal will not result in any additional hazards to safety from design
features beyond those described in the previously certified EIR. This is because the proposed
project is within the scope of the EIR and is consistent with the approved Specific Plan.
c)
No Impact. The proposal will not result in any additional inadequacies for emergency access or
access to nearby uses beyond those described in the previously certified EIR. The project will
result in a reduction in the existing inadequacies for emergency access or access to nearby
uses by improving circulation in the area. Since the proposed project is within the scope of
the EIR and is consistent with the approved Specific Plan, no impacts are anticipated.
d)
No Impact. The proposal will not result in any additional insufficiencies to parking capacity on-
site or off-site beyond those described in the previously certified EIR. Since the proposed
project is within the scope of the previously certified EIR, reduces the intensity of uses, and is
consistent with the approved Specific Plan, no impacts are anticipated.
e)
No Impact. The proposal will not result in any additional hazards or barriers for pedestrians or
bicyclists beyond those described in the previously certified EIR. This is because the proposed
project is within the scope of the EIR and is consistent with the approved Specific Plan.
Additionally, the proposed park plan included with the project has been designed to encourage
f)
g)
b)
c)
d)
e)
e
b)
c)
pedestrian routes separate from vehicular routes. Tentative Tract Map No. 28482 included
with the project has been designed with walkways that connect cul-de-sacs to the street
system encouraging pedestrian routes through the residential area.
No Impact. The proposal will not result in any additional conflicts with adopted policies
supporting alternative transportation beyond those described in the previously certified EIR.
See Response 6.e. above.
No Impact. The proposal will not result in any additional conflicts with rail, waterborne or air
traffic beyond those described in the previously certified EIR. This is because the proposed
project is within the scope of the EIR and is consistent with the approved Specific Plan.
Biological Resources
No Impact. The proposal will not result in any additional impacts to endangered, threatened or
rare species or their habitats beyond those described in the EIR. This is because the proposed
project is within the scope of the EIR, is consistent with the approved Specific Plan, and
proposes uses in areas previously slated for development.
No Impact. The proposal will not result in any additional impacts to locally. designated species
beyond those described in the previously certified EIR. See Response 7.a. above.
No Impact. The proposal will not result in any additional impacts to locally designated natural
communities beyond those described in the previously certified EIR. See Response 7.a.
No Impact. The proposal will not result in any additional impacts to wetland habitat beyond
that described in the previously certified EIR. See Response 7.a. above.
No Impact. The proposal will not result in any additional impacts to wildlife dispersal or
migration corridors beyond that described in the previously certified EIR. See Response 7.a.
above. '"
Energy and Mineral Resources
No Impact. The proposal will not result in any additional conflicts with adopted energy
conservation plans beyond those described in the previously certified EIR. This is because the
proposed project is within the scope of the EIR and is consistent with the approved Specific
Plan.
No Impact. The proposal will not result in any additional impacts from the use of non-renewal
resources in a wasteful and inefficient manner beyond that described in the previously certified
EIR. This is because the proposed project is within the scope of the EIR and is consistent with
the approved Specific Plan.
No Impact. The proposal will not result in any additional impacts to which would result in the
loss of availability of a known resource that would be of future value to the region and the
residents of the state beyond that described in the previously certified EIR. This is because the
proposed project is within the scope of the EIR and is consistent with the approved Specific
Plan.
9. Hazards
a)
No Impact. The proposal will not result in any additional impacts to a risk of accidental
explosion or release of hazardous substances (including, but not limited to: oil, pesticides,
chemical or radiation) beyond those described in the previously certified EIR. This is because
the proposed project is within the scope of the EIR, eliminates the commercial uses at the site,
and is consistent with the approved Specific Plan.
b)
No Impact. The proposal will not result in any additional impacts to or in a possible
interference with an emergency response plan or emergency evacuation plan beyond those
described in the previously certified EIR. This is because the proposed project is within the
scope of the EIR and is consistent with the approved Specific Plan.
c)
No Impact. The proposal will not result in any additional impacts to in the creation of any
health hazard or potential health hazard beyond that described in the previously certified EIR.
This is because the proposed project is within the scope of the EIR and is consistent with the
approved Specific Plan.
d)
No Impact. The proposal will not result in any additional impacts to expose people to existing
sources of potential health hazards beyond that described in the previously certified EIR. This
is because the proposed project is within the scope of the EIR and is consistent with the
approved Specific Plan.
e)
No Impact. The proposal will not result in any additional impacts or increases to fire hazards in
areas of flammable brush, grass, or trees beyond that described in the previously certified EIR.
This is because the proposed project is within the scope of the EIR and is consistent with the
approved Specific Plan.
10. Noise
Noise impacts will occur during grading and construction of the project Impacts during
construction will be lessened by controlling the time construction activities are allowed to take
place.
a)
No Impact. A revised Noise Evaluation was prepared on July 15, 1997 by Wilbur Smith
Associates to assess the noise impacts generated from traffic and the community park
proposed by Specific Plan Amendment No. 3. The Evaluation concluded that noise walls
ranging from 2 feet to 5 % feet should be constructed between the street and certain
residential lots along Margarita Road, Rancho California Road, La Serena Way, Meadows
Parkway and various internal streets within Village "A." The Specific Plan calls for perimeter
"community walls" along all public streets which are designed at a minimum height of 5 %
feet, and are an appropriate sound attenuation measure already incorporated into the project.
The Evaluation also analyzed the potential noise impacts related to the park and concluded that
the park would not generate significant noise impacts, provided that an amplified public
address system is not used at the park.
b)
No Impact. The proposal will not result in any additional exposure of people to severe noise
levels beyond those described in the previously certified EIR. This is because the proposed
project is within the scope of the EIR and is consistent with the approved Specific Plan.
a:~csQ^u~o~a7.~s v2o~7 Ub 15
11.
b)
c)
d)
e)
12.
a)
b)
c)
d)
Public Services
No Impact. The proposal will not result in any additional impacts or result in a need for new or
altered fire protection services beyond those described in the previously certified EIR. This is
because the'proposed project is within the scope of the EIR, decreases the density and
intensity of uses, and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional impacts or result in a need for new or
altered police protection services beyond those described in the previously certified EIR. See
Response 1 1 .a. above.
No Impact. The proposal will not result in any additional impacts or result in a need for new or
altered schools beyond that described in the previously certified EIR. This is because the
proposed project is within the scope of the EIR, decreases the density of residential
development, provides school sites, and is consistent with the approved Specific Plan.
No Impact. The proposal will
altered maintenance of public
certified EIR. This is because
consistent with the approved
not result in any additional impacts or result in a need for new or
facilities, including roads beyond that described in the previously
the proposed project is within the scope of the EIR and is
Specific Plan.
No Impact. The proposal will not result in any additional impacts or result in a need for other
new or altered governmental services beyond that described in the previously certified EIR.
This is because the proposed project is within the scope of the EIR and is consistent with the
approved Specific Plan.
Utilities and Service Systems
No Impact. The proposal will not result in any additional impacts or result in a need for new
systems or supplies, or substantial alterations to power or natural gas beyond those described
in the EIR. This is because the proposed project is within the scope of the EIR and is
consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional impacts or result in a need for new
systems or supplies, or substantial alterations to communication systems beyond those
described in the previously certified EIR. This is because the proposed project is within the
scope of the EIR and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional impacts or result in a need for new
systems or supplies, or substantial alterations to local or regional water treatment or
distribution facilities beyond that described in the previously certified EIR. This is because the
proposed project is within the scope of the EIR and is consistent with the approved Specific
Plan.
No Impact. The proposal will not result in any additional impacts or result in a need for new
systems or supplies, or substantial alterations to sewer or septic systems beyond that
described in the previously certified EIR. This is because the proposed project is within the
scope of the EIR and is consistent with the approved Specific Plan.
e)
f)
g)
13.
a)
b)
c)
14.
a)
b)
c)
d)
No Impact. The proposal will not result in any additional impacts or result in a need for new
systems or supplies, or substantial alterations to storm water drainage beyond that described
in the previously certified EIR. This is because the proposed project is within the scope of the
EIR and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional impacts or result in a need for new
systems or supplies, or substantial alterations to slid waste disposal beyond that described in
the previously certified EIR. This is because the proposed project is within the scope of the
previously certified EIR and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional impacts or result in a need for new
systems or supplies, or substantial alterations to local or regional water supplies beyond that
described in the previously certified EIR. This is because the proposed project is within the
scope of the previously certified EIR and is consistent with the approved Specific Plan.
Aesthetics
No Impact. The proposal will not result in any additional increase or affect to a scenic vista or
scenic highway beyond that described in the previously certified EIR. This is because the
proposed project is within the scope of the previously certified EIR and is consistent with the
approved Specific Plan.
No Impact. The proposal will not result in any additional demonstrable negative aesthetic
effect beyond those described in the previously certified EIR. This is because the proposed
project is within the scope of the previously certified EIR and is consistent with the approved
Specific Plan.
No Impact. The proposal will not result in any additional impacts from light and glare beyond
that described in the previously certified EIR. This is because the proposed project is within
the scope of the previously certified EIR and is consistent with the approved Specific Plan.
The proposed community park is designed to front La Serena Way, with a school across the
street. The park proposes to include walkway lighting and lighted softball fields. The level of
onsite lighting and fixtures shall comply with any and all applicable requirements and policies
of the City of Temecula and the Mount Palomar Observatory. Additionally, the lighting of the
softball fields shall be limited to nighttime hours until 10:00 p.m.
Cultural Resources
No Impact. The proposal will not result in any additional impacts to paleontological resources
beyond those described in the previously certified EIR. This is because the proposed project is
within the scope of the previously certified EIR, proposes development in areas previously
slated for development, and is consistent with the approved Specific Plan.
No Impact. The proposal will not result in any additional impacts to archaeological resources
beyond those described in the previously certified EIR. See Response 14.a. above.
No Impact. The proposal will not result in any additional impacts to historical resources
beyond that described in the previously certified EIR. See Response 14. a. above.
No Impact. The proposal will not result in any additional impacts to cause a physical change
which would affect unique ethnic cultural values beyond that described in the previously
certified EIR. See Response 14.a. above.
R:\CEQA~, 160PAg'/.1E8 ~20/~7 klb 17
e)
No Impact. The proposal will not result in any additional impacts which would restrict existing
religious or scared uses within the potential impact area beyond that described in the
previously certified EIR. See Response 14.a. above.
15. Recreation
a)
No Impact. The proposal will not result in any additional impacts or an increase in the demand
for neighborhood or regional parks or other recreational facilities beyond those described in the
previously certified EIR. This is because the proposed project is within the scop. e of the
previously certified EIR, proposes additional recreational facilities not previously included in the
project, decreases the residential density of the project, and is consistent with the approved
Specific Plan.
b)
No Impact. The proposal will not result in any additional impacts affecting existing recreational
opportunities beyond those described in the previously certified EIR. See Response 15.a.
above.
ATTACHMENT NO. 8
EXHIBITS
CITY OF TEMECULA
RASH0
]SITE
CASE NO. - PA97-0142, 143, 144, 160, 161, 204
E~CHIBIT A
PLANNI1NG COMMISSION DATE - SEPTEMBER $, ]997
9/3/97
CITY OF TEMECULA
CASE NO. -PA97-0142, 143, 144, 160, 161, 204
EXHTRIT B
PLANNING COMMISSION DATE - SEPTEMBER 8, 1997
GEN~RAL PLAN MAP
R:~TAFPRF~I42PA97.PC 9/3/97
CITY .OF TEMY. CULA
M
M
CASE NO. - PA97-0142, 143, 144, 160, 161, 204
E~x!fiKIT C EXISTING SPECIFIC PLAN NO. 199 - LAND USE MAP
]'LANNn%TG COM~n~ON ])ATE :_._.~ .p~e.. abet S, 1997
R:~TAPFRI~I42PA97.PC 9/3/97 kll)
CITY OF TEMECULA
MN
CASE NO.- PA97-0142, 143, 144, 160, 161, 204
STATISTICAL SUMMARY
I. AND USE ACF
]-'T'--~ ,o,,
~AT~
EXIHRIT D PROl'OS~'~n SPECIFIC PLAN NO. 199 - LAND USE ~
PLANNING COMMISSION DATE - ~EI-rEMBER 8~ 1997 .......
]~:W~AFFRP~I42PA97.PC 9/3/97 klb
CITY OF TEMECULA
COMMUNITY
MAI~NANCE
RESPONSIBILITY
EXHIBIT
CASE NO. - PA97-0142, 143, 144, 160, 161, 204
E~mmlT E MAilgTENANCE ~NSIBHATY
PLANNING COMMISSION DATE - SEPTEMBER 8, 1997
it: ~TAI~I~I42~A~7 .PC 9/3/97
CITY OF TEMECULA
CASE NO. - PA97-0142, 143, 144, 160, 161, 204
~IT -'F
PLANNING COMMASSION DATE - sEFrEM~ER 8, 1997
TI~NTATIVi~ TRACT MAP NO. 284~
R:WrAPFR.w~I4~A97.PC 9/3/97
CITY OF TEMECULA
I 9~4~020
CASE NO. - PA97-0141, 143, 144, 160, 161, 204
EXHIBIT - G
PLANNING COMMISSION DATE - SEPTEMBER 8, 1997
TENTA~ TRACT MAP NO. 28~26
R :~TAFFRFT~ 142PAg"/.PC 913/97
CITY OF TEMECL~A
I
CASE NO. -PA97-0142, 143, 144, 160, 161, 204
I~CHIBIT - H TENTATIVE TRACT MAP NO. 23371 REVISED
PLANNING COMMISSION DATE -$EFrEMaER 8, ~7
l~k~TAFFRPT~I42PA97.PC 9f3/97 klb
ATTACHMENT NO. 7
CORRESPONDENCE FROM THE LA SERENA HOMEOWNERS ASSOCIATION
DATED SEPTEMBER 5, 1997
~A~;m"nl~,O~^..CC ]on~ 34
Homeowners Association J
S~ptember 5, 1997
City of Temecula
Planning Division
P.O. Box 9033
Temeeula, CA 92589-9033
Attemion: Carole Donahoe, Project Planner
RE: Planning Application Nos. PA97-0142. PA97-0143. PA97-0144. PA97-0160.
PA97-0161 and PA97-0204
Dear Ms. Donahoe:
This letter is to file our concerns with the above planning applications by Temeku
Hills Development Paxtriers, L.P. While we are not objecting to the building of the
houses, we are concerned about the grading of the lots that face the La Serena
development
Several years ago, when The Buie Corporation first began grading this site, we
filed our concerns about the height and steepness of these slopes. A cheek of the records
showed that they were graded higher and steeper than what was approved by the Planning
Commission. The sound of the traffic along La Serena Way is reflected off the steep
slopes and bounces back directly into the houses that border that street.
Back in this same time frame, we also had a noise study done which indicated
that the noise was above acceptable levels. Mr. Ray McLaughlin took copies of the noise
study and attended several commission and council meetings, presenting the noise study
to the members. Shortly thereafter, The Buie Corporation went bankrupt and the project
was stopped.
The Board of Directors was still concerned about the hills and the noise.
Councilman Jeff Stone, mayor at that time, attended one of our board meetings and
witnessed firsthand the noise, steepness, etc. He assured us that these concerns would be
addressed before any future plans for th/s development were approved.
Post Office Box 890134 · Temecula, California 92589-0134 · (909) 676-2590
The La Serena Board of Directors would like to ask you to check into these
concerns before approving the planning applications shown above. We have no
objection to the building of the development as long as the slopes can be lowered and
made less steep. If you need to have a representative of La Serena Homeowners
Association attend the public hearing on September 8, 1997 at 6:00 p.m., please let me
know.
Sincerely,
Mrs. Leslie Marine
Project Manager
ITEM
26
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN~:~
CITY OF TEMECULA
AGENDA REPORT
City Council
City Manager
October 7, 1997
Proposed Annexation of Redhawk and Vail Ranch Communities
PREPARED BY:
Gary Thornhill, Director of Community Development
RECOMMENDATION:
during the presentation.
That the City Council review the information provided by Staff
BACKGROUND: During the June 10, 1997 Meeting, the City Council directed Staff to
conduct a cost impact analysis and to contact the Redhawk and Vail Ranch residents to
determine their interest in annexation to the City of Temecula. Since that meeting, Staff has
been collecting the applicable information to perform the annexation analysis, focusing on three
areas:
Fiscal Impact of Annexation to the City of Temecula
II.
Temecula Community Services Assessments which would replace County Service Area
(CSA) 143 currently paid by residents of the two communities
III. Annexation Survey of Redhawk and Vail Ranch Communities
At this point, Staff has not received all of the information necessary to perform conclusive
analysis in all areas. However, Staff will present all findings to date during the Council Meeting.
FISCAL IMPACT: The fiscal impacts of annexation will be presented at a subsequent meeting.
ITEM
27
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council
City Manager
October 7, 1997
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA/~C~.~/~
CITY MANAGER
El Nino Presentation
The purpose of this agenda item is to allow the Riverside County Emergency Management
Supervisor, Mr. Mark Bassett, to present to the Council the background and update information
concerning the El Nino condition in the Pacific Ocean.
ITEM 28
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA~.zv,.~,
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council
Ronald E. Bradley, City Manager
October 7, 1997
Temecula Library
PREPARED BY:
Allie Kuhns, Senior Management Analyst _<~/j.~
RECOMMENDATION: That the City Council direct Staff to solicit qualifications for
selection of a design firm who will assist in the site selection and design of a more centralized
library facility in the City.
BACKGROUND: This item is being brought to the Council at the request of members of
the Temecula Library Task Force Committee, Mayor Pro Tern Roberts and Councilmember
Stone.
The Task Force has been meeting for over two years to maximize the services provided by the
Library to residents living in Temecula, Murrieta, and the surrounding region. Currently, as part
of the Riverside County Library System (RCLS), the Temecula branch has a finite funding
allocation which is dependent on library property taxes collected from participating regions.
On Tuesday, September 23, 1997, the Murrieta City Council voted to withdraw from the RCLS
effective July 1, 1998. Murrieta's withdrawal will statutorily require the County to return to
Murrieta all library property taxes collected within their city limits, and could result in a loss to
the RCLS of approximately $320,000.
Although the City of Murrieta has not disclosed how their $320,000 in library revenue will be
used beginning in FY 1998-99, there has been no indication that it will be allocated to maintain
the current level of service at the Temecula Library. And, although the net loss to the RCLS
will be $320,000, this amount will be spread throughout the County and may result in a loss
to the Temecula Library that is significantly less. For this reason, the Task Force Committee
members feel Temecula should begin its site selection and design work.
Temecula's Five Year Capital Improvement Program Budget for Fiscal Years 1998 - 2002
includes a project for construction of a state of the art library facility. Design for this project
has been budgeted for FY 1997-98 and will consist of the following steps:
A design committee consisting of, at a minimum, one or two Councilmembers; Staff;
two library professionals; a library information systems professional; and two members
of the community will be formed.
Requests for qualifications (RFQ's) from qualified design firms will be issued.
Evaluation of the proposals received through the RFQ process will be made by the
Committee.
A recommendation for selection of a firm who will work with the Committee will be
presented to Council based on the final selection.
FISCAL IMPACT: No funding is required at this time; however, adequate funding is available
to complete the design phase of this project.
ITEM
29
APPROVAL ~
CITY ATTORNEY
FINANCE OFFICER'
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
June S. Greek, City Clerk~.~ld
October 7, 1997
Designation of Voting Delegate for the National League of Cities Annual
Congress
PREPARED BY: Susan W. Jones, Deputy Director of Support Services
RECOMMENDATION: Designate a voting representative and an alternate.
BACKGROUND: Each year at the Annual Congress of the National League of Cities the
member cities are asked to designate the voting delegate and alternate. Each city is entitled
to one vote in matters affecting League policy. The business meeting will be held on
Saturday, December 6, 1997, at the Congress of Cities in Philadelphia. If it is not possible for
a member of the City Council to be present the Council may designate a city official who is
attending the conference.
I have attached the memorandum from the League's Executive Director which further
elaborates on the voting procedures.
FISCAL IMPACT: None
ATTACHMENTS:
Memorandum from Donald J Borut, Executive Director
National League of Cities
swj
R:~agenda.rl)t~NLO Cvota I
August 12, 1997
National
League
of
Cities
1301 Pennsylvania Avenue N.W.
Washington, D.C.
20004
(202) 626-3000
Fax: (202) 626-3043
First Vtce Pt~ident
Brian J. O'Neill
Councilldeml~er, 'Ph~adotphia. Pennsytvama
MEMORANDUM
Second V~ce President
Clarence Anthony
Mayor. South Bay, Fiori~a
TO:
From:
Subject:
City Clerks of Direct Member Cities ~ ,m~,~,,op, fpres~,,
Gregory S. Lashutka
Donald J. Borut, Executive Dir
. Do~ak:l J. Borut
Voting and Alternate Voting Delegates, Annual Congress of Cities,
December 3-6, 1997, Philadelphia, Pennsylvania
I)I:E: ()("!'()![i.~R 3, 1997
The National League of Cities' Annual Business Meeting will be held at 2:00 p.m. on Saturday, December
6, 1997 at the Congress of Cities in Philadelphia. Under the Bylaws of the National League of Cities,
each direct member city is entitled to cast from one to 20 votes, depending upon the city's population,
through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of
this memorandum shows the breakdown of votes by population categories. ~
To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be
designated by the city using the attached form which will be forwarded to NLC's Credentials Committee.
NI,C's Bvlaws expressIv nrohibit votino bv nroxv. Thus, the designated voting delegates must be
present at the Annual Business Meeting to cast the city's vote(s).
To establish your credentials and to ensure your voting delegate(s) receive proposed National Municipal
Policy amendments and proposed resolutions prior to the Congress of Cities, we ask that you return the
IVORY copy of the completed form to NLC on or before October 3, 1997. A pre-addressed envelope is
attached. Upon receipt of these names, NLC will send each voting and alternate voting delegate a set of
instructions on registration and rules governing the conduct of the Annual Business Meeting.
Please forward the BLUE copy of the credential form to your state league office and keep the WHITE
copy for your records. For your assistance, a list of the state leagues is enclosed.
If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3176.
cc: Executive Directors, State Municipal Leagues
Pe~t Pree/a~tte: Carolyn LonE Banka, Councilwoman-at-Large, Allante, Georgia - Gle~la E. He~4, Mayor, Orlando, Florida · ~tarpe Jamee, Mayor, Newark, New Jemey · Cathy
Council,#oman-at-Large, Denver, Colorado · Dg'eetot~: Fl~/d Adtlm~, Jr.. Mayor, Savannah, Georgia · Kort ~hua, Councilman, Kansas City, Miseo~ri · ~ ~, Esecuth, e
Director, Massachusetts Munlci~d Association · Sharon ~yMa Be#on, Mayor, Minneapo~., Minnesota · Th~.ae G. lrede~mg, Executive Director, Iowa League of Cities · Lu~llb C.
Broaden, Council Vice President. Hyattsvilio, Mer/ior~l · ~m J, Ce~e, Executive Director, Ohio Municipal League · Clvel Y. ClaH;, Councilmember, East Orange, New Jemey ·
Clark, Council Merrier, Camden, South Carolina · CoIl Cleea~n, Executive Director, Wyoming A~ociotiofi o~ Municipalities · Jetta De~t~anO, dr., Mayor, New Hayaft, Conne~icot ·
Dillrio. Councilmember, New York, New York · Jerl~/Dgttn, Mayor, Benbroo~, Texas · ~ E. I~mall, Jr., Esecutiva Director, Municipal A~asciatio~ of South Carolina · Q~te
Alderman, Evanston, Illinois · John F~'l'al~, City Council President. LO~ Angeles, California · Patr~11 Fl~u~'ea, CO~II~d Member. Mountain View, Cofitornla · $ta~t Flitkolcraft. Evecuitve
Director, Association of Washington Cities · WIIllant F. g.lglo#l, Executive Director, New Mexico Municipal League · lanai ~elml~, Mayor, Fort Wey~te, Indiana · Victor Herltand~.
Councilmember, Lubbock, Texas · UndaLa,an'el~e, Aldorn~n. Wauseu, Wieco~cin · PatHalaLo~ltee~¢l. Mayor, Fenton, Michigan · ~iet~rl,/l~s~em, BoordofAIderrnanPresk:l~tt, Louie~lite,
Kentucky · Jea Iinr~y. Assembty Member. Anchorage, Alaska · ~illlam F. lllurphy, Mayor, Woodridge, Ilitnot$ · Ttt~ C. O~elt~, Councilmemtoer, Overland Pe~k, Kanse~ ·
Sanders, Council Member, El CoNre, Calitomie · I~rjeHe ~ehr~,mm, Mayor, Ktfiwtood, Mi~oml · ~ L. llehult~.Councllmen, Ro~kie~ge, Florida · d~riy Fecg~,men ~ta~t. Councilwoman.
Berkeley, Missouri · EHe Smith, Counca President, Jacksonville, Florida · Horry Smith, Mayor. Greenwood. Millenia/ · Tommy $tse~m. Mayor, Jec~onvitio. Arkansas · Ref~d C.
Theobol'~. Council Member, Grand Junction, Colorado · WIIll~ E. Thornton, Mayor, San Antonio, Tlses · J~ll Valel~ie, Jr.. Councitlor, Lea Cruces, New Mexico · ~la
Council Member, Jeckecrl, Mississipgi · ~l~e C. Wr~llt. Jr., Executive Director, Delaware League of Lo~al Govammenla · ChaHe~ C. Yal~:~/. Councitior, Boston,
Recycled Paper
NATIONAL LEAGUE OF CITIES
ANNUAL CONGRESS OF CITIES
Number of Votes - Direct Member Cities
Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city
of the National League of Cities is entitled to cast at the Annual Congress of Cities:
Under 50,000
50,000 - 99,999
100,000- 199,999
200,000 - 299,999
300,000 - 399,999
400,000 - 499,999
500,000 - 599,000
600,000 - 699,000
700,000 - 799,000
800,000 - 899,000
900,000 and above
1 vote
2 votes
4 votes
6 votes
8 votes
10 votes
12 votes
14 votes
16 votes
18 votes
20 votes
Note: Member cities are required by the Bylaws to cast unanimous votes.
Cred97.coc
ITEM
30
CITY ATTORNEY
FINANCE OFFICER'
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
City Clerk/Director of Support Services
October 7, 1997
Community Services Commission Appointment
PREPARED BY:
Susan W. Jones, Deputy Director of Support Services
RECOMMENDATION: Appoint two members to serve a full term on the Community
Services Commission, through October 10, 2000.
BACKGROUND: The terms of Community Services Commissioner Thomas Edwards and
Commissioner Jeffery Nimeshein will expire on October 10, 1997. Both Commissioner
Edwards and Commissioner Nimeshein have submitted an application for re-appointment.
The City Clerk's office has followed the Council's established procedure for filling Commission
vacancies by advertising the openings in three different local publications. All applications
received were forwarded to the subcommittee composed of Mayor Birdsall and
Councilmember Stone for their review and recommendation. Both Mayor Birdsall and
Councilmember Stone recommend the re-appointment of Commissioner Thomas W. Edwards
and Commissioner Jeffery Nimeshein to serve a full three year term.
Attached are copies of the applications which were received by the filing deadline of
September 23, 1997.
ATTACHMENTS: Copies of Applications for Appointment
CITY OF TEMECULA
APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS
COMMUNITY SER VICES COMMISSION
.BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE:
NAME: ~'~"~~ ~, ,~~ YEARS RESIDENT OF TEMECULA.~_"~
ADDRESS: ,.~ ~-- O q ~ ~ ~ ~~O~
HOME PHO~: ~ ~-- ~ ~ ~ WORK PHONE: ~ ~-~ ~
oCC AT O :
EDUCATIONAL BACKGROUND/DEGREES:
LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION
ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE:
ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service):
BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND
WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional
paper if necessary):
X/~ / ~- ,~ ~',e~¢. /~--~/"~'*'""4'u'~ ~ zz~: ~ ~-~~,
I understand that any or all information on thin form may be verified. I consent to the release of this
information for public infnrmation purpo~s~ ~
SIGNATI~E: ~ ~~'~~ DAT!~.:
PLEASE NOTE: Applications will be kept onedeCor consideration of future vacancies.
Return to: City Clerk's Office, 43200 Busies Park Drive (909) 694-&!a.~! OR
Mall to: P.O. Box 9033. Temecula, CA 92589-9033
r:~¢ommis\app£o~n
City OF TEMECULA
APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS
Qualification Requirement~ ReSident 0[ the City of Teme~i~'la' ............... '
Ct~MMIINITY .gRRVICR.~ COMMISSION
.BOARD, COMNHTTEE OR COMMISSION ON WHICIt YOU WISH TO SERVE:
NAME: .Teffery Nimeshein
ADDRESS: 31157 Via Gilberto,
HOME PItONE: (909)
OCCUPATION: HumAn
699-9924
YEARS RESIDENT OF TEMECULA__
Temecula 92592
WORK PHONE: (619) 464-0505
Services Manager
EfvI?LO~R NAME: City of La Mesa
EMPLOYER ADDRESS: 8450 La Mesa Blvd., La Mesa, CA 91941
EDUCATIONAL BACKGROUND/DEGREES:
M.S. - Recreation Administration
B.A. - Recreation
A.A. - Physical Education
LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE (~,~ COMMISSION
ON WIIICH YOU HAVE SERVED AND T;iE YEAR(S) OF SERVICE:
City of Temecula Community Services Commission - 1990 - present
9 years
ORGANIZATIONS TO WHICH YOU BELONG:(Prof~ion~,technic~,communi~,service):
California Park & Recreation Society
California Boards & Commissions
California Association of Senior Service Centers
BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND
WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additlon~
paper ifnece~ary.): I have successfully served on the very active Community Services
Commission from its inception. This Commission has performed a vital role in the
advancement of Park and Recreation development in Temecula. Over this period I
have contributed countless time and energy serving on numerous committees dealing
with important issues and community development. Furthermore, I have taken a
leadership role on many issues, and have also served as chairman of the Commission.
With over 25 years of education, training and experience in the Park, Recreation and
Community Services field, I feel eminently qualified and honored to serve on the
Community Services Commission.
(continued on next page)
I underrand that any or all infi)rmation on this ~rm may be verified. I cogent ~ the release of th~
iu~rmation ~r public in~rmation purpose.
.)
SIGNATURE: %'~'¥UL,a., ~c-x,.,./ DATE: .. /
PLEASE NOTE:'Applicatimm will be kept on file ~r considem~tion of ~ture vacanci~.
Return to: Ci~ Clerk's Office, 43200 Bgsin~s Park Drive (909) 69~6444 OR
Mail to: P.O. Box 9033, Tamecula, CA 92589-9033
r:\commis\nppform ~
(continued from page 1)
I believe I have made a strong individual contribution to the community,
while working in harmony as a team member with other, commissioners.
There has been considerable accomplishment, but there is still much to do.
My past commission experience will be invaluable in this future process.
CITY OF T~,MECULA
APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS
.BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE:
OCCUPATION: .~
EMPLOYER ADDRESS:
EDUCATIONAL BACKGROUND/DEGREES:
LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION
ON WHICH YOU HAVE SERVED AND TIlE YEAR(S) OF SERVICE:
ORGANIZATIONS TO WHICH YOU BELONG: (Professiomd, technical, community, service):
BRIEFLY STATE WHY YOU WISH TO SERVE ON Tills BOARD OR COMMISSION, AND
WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional
paper if necessary):
Cl · ' . . ~.. - ) " - ~ , ·
t~ -~ ~ O.C~tU~ ~.,~'~'~.,u~ ~' " ~ '~ .... · ' ::' -'. "- '
- . ~ ,.-, , . . ~ / . - c~ '! ~' ' ',,' ' . ' . ....
[L[ASE NO]: A~li,lio~ will b~ kept o, ~1~ f,r
~1 to: ~.0. B~x ~033. T~m,cula. CA 9Z~SD-D033
r:\commis~app £orm
CITY OF TEMECULA
APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS, ;.,, ...
' '... :::::;Qu 'alificafion Requirement: Re~ide"t'"'Ofthe Ci~
-'~'~'~'.~'/~ ~. -r,~
7,e/,~-~,,--'~ ,-?~,~~,',, " .-:
.BOARD, COffEE OR COMMISSION ON WH'C~ YOU W~S~ TO SER~.'
NAME: ~--~.~LJ .//~/~1~ t.~/~'~' YEARS RESIDENT OF TEMECULA
E~LO~R NAME: ~~~kZ.-~/~9
EDUCATIONAL BACKGROUND/DEGREES:
LI~T A~ ~VEg~IgE COU~Y Og OTHE~ CITY BO~gO, COMMI~EE Og CO~I~ION
ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE:
ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service):
BILIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR cOMMISSION, AND
WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPEC!F[C (Use additional
paper if necessary):
I understand that any or all information on this form may be verified. I consent to the release of this
information for public inf~.r~/n purposes. '
Mail to: P.O. Box 9033. Temecula, CA 92589-9033
r:\commi,n~app focm
ATTACHMENT
Ben Marbury
City of Temecula Committee Candidate
I am applying for a position on the Public/Traffic Safety or Conununity Services
Committee/Commission.
I have extensive public service and management experience and have worked with government
agencies for many years.
I have been married to my wife, Helen, four 39 years. We have 5 children and 8 grandchildren.
My wif~ is an inactive registered nurse, having worked as a nurse for over 30 years.
My public service includes serving on the Board of Directors of the Villa Avanti Homeowners
Association for 2 years mad I am the immediate past president of this organization, having served
as President for one year. I was the ARES/RACES Emergency Commumcations Coordinator for
Los Gatos/Monte Sereno California for 3 years. My service started immediately after the Lome
Prieta Earthquake of 1989.
This public service included working with various public/government agencies, particularly the
Police and Fire Departments, coordinating emergency and safety communications activities. I am
familiar with the Incident Command system and public safety/emergency services in general.
I founded TD Marketing Research, Inc., Santa Clara, CA in 1988 and am currenfiy President and
CEO.' We specialize in Customer Satisfaction research, including qualitative and quantitative
projects for the telecommunications industry. Projects have included survey and interview research
for various telecommunications industry leaders.
I was formerly a telecommunicatioas system and circuit design engineer (ITr 1962-1970), Sales
Manager (ITT 1970-1971), Director of Marketing (INTCO a Division of TIE Industries 1971-
1975, American Telecommunications Corporation/American Telecom/Fujitsu Business Systems
1975-1982), Vice President Sales and M~irketing (Plantronics 1982-1985, Teledial, Inc. 1985-
1988), Presidem (TD Marketing, Inc., 1988-Present). I hold one patent and numerous sales and
marketing awardS.
I am an experienced speaker, having given numerous presentations to large groups (usually sales or
similar meetings). I have been an active member of Toastmasters Intematioual since 1990,
achieving the rating of Competent Toastmaster in 1992.
I am a veteran of the US Army, belong to the Veteran's of Foreign Wars (VFW) and the American
Legion. I am an active pilot, golfer and furruer. I am a member of the Sunridge Community
Church in Temecula.
ITEM
31
CITY ATTORNEY
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
City Clerk/Director of Support Services
October 7, 1997
Public/Traffic Safety Commission Appointment
PREPARED BY:
Susan W. Jones, Deputy Director of Support Services
RECOMMENDATION: Appoint an applicant to serve on the Public/Traffic Safety
Commission for a full three year term through October 10, 2000.
BACKGROUND: Commissioner John Telesio was appointed on July 22, 1997 to fill an
unexpired term which will expire on October 10, 1997. Commissioner Telesio has submitted
an application for re-appointment.
The City Clerk's office has followed the Council's established procedure for filling Commission
vacancies by advertising the opening in three different local publications. When the deadline
was reached for receiving applications, they were forwarded to the subcommittee composed
of Mayor Pro Tem Ron Roberts and Councilmember Steve Ford for review and recom-
mendation. Both Mayor Pro Tem Roberts and Councilmember Ford recommend the re-
appointment of Commissioner John H. Telesio to serve a full three year term.
Attached are copies of the applications which were received by the filing deadline of
September 23, 1997.
ATTACHMENTS: Copies of Applications for Appointment
R:%agenda.r pt\al~l;oint.lrb 1
CITY OF TEMECULA :~
APPLICATION FOR APPOINTMENT TO BOARDS, COMI~'I-I'Ei~ Al~//~OM~SSION~'
.- PUP. LIC/~F.~ FW IC ': SAFE~ ~ COMMISSION
BOARD, COMMI'rr~; OR COMMISSION ON WHICH YOU WISH TO SERVE:
NAPkin: JOHN H. TELESIO
YEAIlS RES[DENT OF TEMECULA. 1-7.
ADDRESS:
HOMEPHONE: WORK PHONE:909-~12-9854 (Voice
Retired USAF offricer
OCCUPATION: Retired A~istant to R/ver~id~ ~nunty gt:$~rvisor
pager)
EMPLOYER NAME:
EMPLOYER ADDS:
EDUCATIONAL BACKGROUND/DEGREES:
Bachelor of Arts, Calif. S~at~ UnivereiLy, L.A., Social/Political Scienc~
Master of Science, University of Southern California, Management
asFer. of Public Administra[.ioR,.L~alif. State University, San Bernardino
bapmah. Universigv., 21semester-u~lt. :. professional development course
usr ' E'cOUNTy crr oR COM SS ON
ON WHICHYOUHAYE SERVED ANDTHEYEAR(~OFSER~CE:
SCAG Regional Airport Authority(Riverside County Supervisors rep.)1985-93.
arcbAiK Force_Bags-Community Council,. 1980-19~3.
r~afer ~iverslo~ Cmam~ers of Commerce Military-Affairs Committee,I980-93.
~Charter member, ~ive[si. de County Code Enforggment. Tas~ Force, 1985-93
~articipated in i 1 1 ecu a 'n or ration £annina roup
Far~lclpate~-~n 9~m~c~a ~era~ P~a~ c?~zens r~vlew pro~ess,'l~8~Tl
oCC- association, 196,.-.997.
ri~ah"'SOeidt~"O~:'P~btiE-Administrators. '985-1997
o-chair, Green'Tree Homeowners_ lq83-1997
B~Y ~ATE ~ YOU ~SH TO SER~ ON
~Y ~OU ~E~ YOU ~ QU~~ FOR T~ ~S~ON. BE
Please see attached statement.
I understud fh~ ~ny o~' Mi inforuLllon on ~ form my be verifkd. I coas~ to tbe release or this
informmion for public informtalon purposes.
PLEASE NOTE: Appl:_ ~'~m will [M--keM oa rib for ~mkkmfi~m ~t' rumre vmmm:ies.
Return to: City Ck~*s ~qce, 43200 Busioess Pm'k Drive (909) 694.4,M4 ~
Mail to: P.O. B~% 9033, Tomocub, CA 92589-9033
r:\conunis%appfonn
BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION AND WHY YOU
BELIEVE YOU ARE QUALIFIED FOR THE POSITION:
From 1985 through 1993, a span of time which included periods of both unprecedented
growth and economic downturn in Riverside County, I served as an assistant to the Supervisors of
two of the most dynamic districts in the County. Among my principal duties was the
pre-applicafion review, analysis and the formulation of recommendations regarding proposed
development projects and associated infrastructure including roads, traffic control and related
public safety issues. I also served as liaison between the supervisors and the Planning
Commission, the Economic Development Agency, the Transportation and Land Use Agency,
County Sheriff, Emergency action, Flood Control, LAFCO and other county departments as well
as with the California Department of Forestry in helping to coordinate, guide and monitor the
progress of selected projects through the planning process from application to final disposition.
In addition, I worked extensively with citizens to help define problems and resolve complaints
regarding traffic and other public safety matters often taking the role of mediator in meetings
between constituents and the management and staff of the appropriate county departments.
From this practical experience I became quite familiar with the functions and procedures of these
various players. During this period, on my own time, I earned a Master of Public Administration
Degree with an emphasis in economic and community development to improve my knowledge,
understanding and performance. I feel that my education, background and experience would make
my transition to a position on the Public/Tra~c Safety Commission a smooth and et~icient one.
As a 17-year resident, I have witnessed and participated in the city's conception, birth,
growth and development as a proud citizen. During my 21-year military career, I experienced no
less than 17 permanent changes of residence. When we came to Temecula, my wife and I knew
that we had found a home. We have raised our family here and we are here to stay. We have a
stake. in- this City.-and. have. enjoyed. the. benefits of life in the wonderful. environment. it has
provided us. I would now like to take this opportunity do something meaningful in return that
would contribute to its continued growth and improvement. I believe that providing a safe
environment for its citizens should be the number one priority of any government. The latest
survey confirms what most citizens of Temecula have known for some time: Traffic is currently
our number one public safetyproblem So far, I believe our elected and appointed officials have
done an admirable job in providing the citizens of Temecula with as safe an environment as
possible. I would be honored to be selected to serve in a position where I could join in the
continued effort to enhance and improve public safety in this great city. In summary, I have the
time, interest, experience, education, ability and desire to become an effective member of the
Temecula City Public/Traffic Safety Commission.
CITY OF TEMECULA
APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS
BOARD, COMMITTEE OR COMMISSION ON WIIICH YOU WISH TO SERVE:
NAME:
HOME PHON~
YEARS RESIDENT OF TEMECULA L( 1¥~ OS
,HON
OCCUPATION:" ~'lx[-~
E~LO~R NAME:
EMPLOYER ADDRESS: ~l~ ~C~ <' -
EDUCATIONAL BACKGROUND/DEGREES:
LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION
ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE:
ORGANIZATIONS TO WHICH YOU BELONG: (Professimml, technical, community, service):
BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND
WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional
paper if necessary):
.~ L.r.~Uc. T¢.~,,,~a.~Ck~ , ~- CkC,~E- ~o L.~.,.,'~ k~ o..-..,,,~-,,,Dr_.'v~c,..,~.~ ~f'~.~,"~/-,'~'s . ~e, LILeJ.
--. · , ." ...... ...: '-' · - ; .-r ' ~ .
~' ~ 'i ~ -. / _ ,,-"~ .,. .. _,: '( ·
~, ~ · ,~' -~, .... , f fi ,~ ~. i i'~ i~ f' ,..../ ~ , ~ .
· '~, '" | ~ · .'-~. , , U ' ,
I unaerstand that an~ or all information on tl~li$ f~rfit/may be verified, I consera to the reielase of this ~ "'
i,~formation for public informnation purl~)ses.
PLEASE NOTE: Applications will be kept on file for consideration of future vacancies.
Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6+!~. OR
Mail to: P.O. Box 9033, Temocula, CA 92589-9033
r:\commis\app form
CITY OF TEMECULA
APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISS!O.,:N:S.. ~..;,,' ~..
I{ i:::i=i~ ~i!.i/'::=: :71~111: ..~ :, = ':: !i:i!'Qunlifi':cati6. Requi~-em;nt::iResident"~i~ihe'CitY:~f Temec"~l~i'.:=:.'il.i~':i-11:=i 'i:i.-:.
,.',.,, " ..'
.BOARD, COMI~TTEE OR COMMISSION ON WHICH YOU WISH TO SERVE:
NAME: ~~) .J~'l~' ~..,~,~'y' YEARS RESIDENT OF TEMECULA
ADDUSS: -'~ /~~
OCCUPATION: //4~-~-7' ~-5
EDUCATIONAL
LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION
ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE:
ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service):
BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND
WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE $PEC!F!C ,q/se additional
paper if necessnry):
I undel~tand that any or all information on this form may be verified. I consent to the release of this
information for public inf~r/~n purpo.~es.
_PLEASE N_O. TE::...~ca,~,',.o.~_ ~i be kept ~p~ file [or consideration or future vacancieS. / /
Return to: City Clerk s Office, 43200 Business Park Drive (909) 694-6d'!~ OR
Mall to: P.O. Box 90:33, Temocula. CA 92~89-9033
r :\commia\app form
ATTACHMENT
Ben Marbury
City of Temecula Committee Candidate
I am applying for a position on the PublicfI'raffic Safety or Conununity Services
Committee/Commission.
I have extensive public service and management experience and have worked with government
agencies for many years.
I have been married to my wife, Helen. four 39 years. We have 5 children and 8 grandchildren.
My wif~ is an inactive registered nurse, having worked as a nurse for over 30 years.
My public service includes serving on the Board of Directors of the Villa Avanti Homeowners
Association for 2 years ,and I am the immediate past president of this organization, having served
as President for one year. I was the ARES/RACES Emergency Communications Coordinator for
Los Gatos/Monte Sereno California for 3 years. My service started immediately at~er the Lome
Prieta Earthquake of 1989.
This public service hacluded working with various public/government agencies, particularly the
Police and Fire Departments, coordinating emergency and safety communications activities. I am
familiar with the Incident Command system and public safety/emergency services in general.
I founded TD Marketing Research, Inc., Santa Clara, CA in 1988 and am currently President and
CEO. We specialize in Customer Satisfaction research, including qualitative and quantitative
projects for the telecommunications industry. Projects have included survey and interview research
for various telecommumcations industry. leaders.
I was formerly a telecommunications system and circuit design engineer (ITI' 1962-1970), Sales
Manager (ITI' 1970-1971), Director of Marketing (/NTCO a Division of TIE Industries 1971-
1975, American Teleconununications Corporation/American Telecom/Fujitsu Business Systems
1975-1982), Vice President Sales and Marketing (Plantronics 1982-1985, Teledial, Inc. 1985-
1988), Presidefat (TD Marketing, Inc., 1988-Present). I hold one patent and numerous sales and
markethag awards.
I am an experienced speaker, having given numerous presentations to large groups (usually sales or
snnilar meetings). I have been an active member of Toastmusters International since 1990,
achieving the rating of Competent Toastmaster in 1992.
I am a veteran of the US Army, belong to the Veteran's of Foreign Wars (VFW) and the American
Legion. I am an active pilot, golfer and ru0ner. I am a member of the Sunridge Commumty
Church in Temccula.