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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
DECEMBER 10, 1996 7:00 PM
6-30 PM - Closed Session of the CitY Council pursuant to Government Code 54956.9(b), one
matter of potential litigation.
At approximately 9:45 PM, the City Council will determine which of the remaining
agenda items can be considered and acted upon prior to 1 0:00 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.
Next in Order:
Ordinance: No. 96-23
Resolution:No. 96-140
CALL TO ORDER: Mayor Karel Lindemans presiding
Prelude Music: Rachael Wunsch
Invocation: Pastor W.M. Wrench of Calvary Baptist Church of Temecula
Flag Salute: Councilmember Ford
ROLL CALL: Birdsall, Ford, Roberts, Stone, Lindemans
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 agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an
item which is listed on the Consent Calendar or a matter not listed on the Agenda, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
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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
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless members of
the City Council request specific items be removed from the Consent Calendar for separate
action.
1Standard Ordinance Adoption Procedure
RECOMMENDATION:
1.1Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2Resolution Approvinci List of Demands
RECOMMENDATION:
2.1Adopt a resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
3City Treasurer's Report
RECOMMENDATION:
3.1Receive and file the City Treasurer's Report as of October 31, 1 996.
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4Resolution in Support of an Inland Empire Routinci of Hicih S12eed Rail Between Los Ancieles
and San Diego.
RECOMMENDATION:
4.1Adopt a resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
TO SUPPORT AN INLAND EMPIRE ROUTING OF HIGH SPEED RAIL
BETWEEN LOS ANGELES AND SAN DIEGO
5Approval of Parcel Map No. 2831 7
(Located on the Northerly Side of Winchester Road [Highway 79 North] and the Intersection
of Ynez Road)
RECOMMENDATION:
5.1Approve Parcel Map No. 2831 7, subject to the Conditions of Approval.
6Substitute Subdivision Improvement Acireements and Public Improvement Bonds in Tracts
No. 23371 -1 through 23371-3 and Direct the City Clerk to so advise the Developer and
Sureties.
RECOMMENDATION
6.1Accept substitute Subdivision Improvement Bonds in Tracts No. 23371 through
23371-3 and direct the City Clerk to so advise the Developer and Sureties.
7Acceptance of Offers of Dedication for Street, Drainacie, Utilities and Services Within
Temeku Tracts no. 23371-1 through 23371-5
RECOMMENDATION:
7.1Adopt a resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
ACCEPTING OFFERS OF DEDICATION FOR PUBLIC STREET,
DRAINAGE, UTILITY AND SERVICE PURPOSES WITHIN TRACTS NO.
22271-1 THROUGH 23371-5
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8Acceptance of Public Improvements in Tract No. 21 675-5
(Located Northwesterly of intersection of Meadows Parkway at Rancho Vista Road)
RECOMMENDATION:
8.1Accept the Public Improvements in Tract No. 21 675-5, Authorize the initiation of the
one-year warranty period, reduction of the Faithful Performance Bonds for streets
and drainage, and water and sewer security amounts and release of the Traffic
Signalization Mitigation Security.
8.2Accept substitute securities for Faithful Performance Warranty and Labor and
Materials and Direct the City Clerk to so advise the Developer and Sureties.
9Acceptance of Public Streets into the City-maintained Street System Within Tract No.
21675-5
(Located Westerly of the intersection of Rancho Vista Road at Meadows Parkway)
RECOMMENDATION:
9.1Adopt a resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
STREET SYSTEM (WITHIN TRACT NO. 21675-5)
1 0 Release of Gradinci Bonds in Tracts No. 241 31 and 241 36
(Located Southwesterly of the intersection of Meadows Parkway at Pauba Road
RECOMMENDATION:
10.1Authorize the release of Grading Bonds in Tracts No. 241 31 and 241 36.
10.2Direct the City Clerk to so notify the Developer and Surety.
1 1Acceptance of Public Streets into the City-maintained Street System - Tract 241 34-1-
(Located Southeasterly of intersection of Margarita Road and Pauba Road)
RECOMMENDATION:
11.1Adopt a Resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
STREET SYSTEM (WITHIN TRACT NO. 24134-1)
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1 2Acceptance of Public Improvements in Tract No. 241 34-1
(Located Southeasterly of intersection of Margarita Road and Pauba Road)
RECOMMENDATION:
1 2.1Accept the Public Improvements in Tract No. 241 34-1, and Authorize the initiation of
the one-year warranty period, reduction of the Faithful Performance Street and
Drainage and Water and Sewer security amounts and release the Traffic Signalization
Mitigation security.
1 2.2Accept substitute securities for Faithful Performance Warranty and Labor and
Materials and Direct the City Clerk to so advise the Developer and Sureties.
13Park Improvement Acireement/Crowne Hill - Tract 23143
RECOMMENDATION:
1 3.1Approve the First Amendment of the Parks Improvement Agreement with Taylor
Woodrow - Crowne Hill/Tract 23143;
1 3.2Direct the City Clerk to record the Agreement.
14Agreement for Joint Use of Temecula Elementary School
RECOMMENDATION:
14.1Approve the agreement between the city of Temecula and the Temecula Valley
Unified School District (TVUSD) for joint use of a portion of Temecula Elementary
School as part of Margarita Community Park.
1 5Second Reading of Ordinance No. 96-22
RECOMMENDATION:
1 5.1Adopt an ordinance entitled:
ORDINANCE NO. 96-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING
SECTIONS 3.28.245 AND 3.28.305 TO AN AMENDING SECTIONS 3.28.140,
3.28.150, 3.28.290 AND 3.32.050 OF THE TEMECULA MUNICIPAL CODE
RELATING TO THE SOLICITATION OF PROPOSALS FOR THE PURCHASE OF
SUPPLIES AND EQUIPMENT AND THE AWARD THEREOF ON THE BASIS OF
HIGHEST QUALITY AND COST EFFECTIVENESS, REVISING ADVERTISING
REQUIREMENTS, AND ESTABLISHING THE CITY MANAGER'S AUTHORITY TO
APPROVE PURCHASE, SERVICE AND CONSTRUCTION CONTRACTS
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RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING,
TEMECULA REDEVELOPMENT MEETING,
OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING
and
OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY
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TEMECULA COMMUNITY SERVICES DISTRICT MEE ING
Next in Order:
Ordinance:No. CSD 96-01
Resolution:No. CSD 96-10
CALL TO ORDER: President Ron Roberts
ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts
PUBLIC COMMENT:
A total of 1 5 minutes is provided so members of the public can address the Board of
Directors on items that are not listed on the Agenda or on the Consent Calendar. Speakers
are limited to two (2) minutes each. If you desire to speak to the Board of Directors 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 Board of Directors gets to that item. There is a five (5) minute time limit for
individual speakers.
Anyone wishing to address the Board of Directors, should present a completed pink "Request to
Speak" to the City Clerk. When you are called to speak, please come forward and state your name
and address for the record.
CONSENT CALENDAR
I Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 26, 1 996.
DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson
GENERAL MANAGERS REPORT - Bradley
BOARD OF DIRECTORS REPORTS
ADJOURNMENT: Next meeting: December 17, 1996, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
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TEMECULA REDEVELOPMENT AGENCY MEET[
Next in Order:
Ordinance:No. RDA 96-01
Resolution:No. RDA 96-21
CALL TO ORDER: Chairperson Patricia H. Birdsall presiding
ROLL CALL: AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall
PUBLIC COMMENT:
A total of 1 5 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 November 26, 1996.
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBER'S REPORTS
ADJOURNMENT
Next adjourned regular meeting: December 1 7, 1996, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
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OLD TOWN WESTSIDE COMMUNI FACILITIES DISTRICT FINANCING AUTHORITY
Next in Order:
Resolution No.: No. FA 96-1 2
CALL TO ORDER: President Patricia H. Birdsall
ROLL CALL: Ford, Lindemans, Roberts, Stone, Birdsall
PUBLIC COMMENTS
A total of 1 5 minutes is provided so members of the public can address the Council on
items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If
you desire to speak to the Council about an item 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 and address.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 26, 1996.
ADJOURNMENT
Next adjourned regular meeting: November 26, 1 996, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
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OLD TOWNTWESTSIDE !MPROVEMEN AUTHORITY
Next in Order:
Ordinance:No. IA 96-01
Resolution:No. IA 96-03
CALL TO ORDER: Chairperson Patricia H. Birdsall presiding
ROLL CALL: AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall
PUBLIC COMMENT:
A total of 1 5 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
I Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 26, 1996.
EXECUTIVE DIRECTOR'S REPORT
AUTHORITY MEMBER'S REPORTS
ADJOURNMENT
Next regular meeting: December 1011 996, 7:00 PM, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
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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.
1 6Planning Application No. PA 96-0107 (General Plan Amendment) and Plannin-q Application
No. PA 96-0106 (Zoning Amendment, Specific Plan - Paloma del Sol)
RECOMMENDATION:
1 6.1Make a determination of consistency with a project for which an Environmental
Impact Report was previously certified.
1 6.2Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 96-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA 96-0107, CHANGING THE
GENERAL PLAN LAND USE DESIGNATION ON PLANNING AREA 2 FROM
HIGH DENSITY RESIDENTIAL TO LOW-MEDIUM DENSITY RESIDENTIAL,
PLANNING AREA 29A FROM LOW-MEDIUM DENSITY RESIDENTIAL TO OPEN
SPACE/RECREATION, AND PORTIONS OF PLANNING AREA 1 FROM
COMMUNITY COMMERCIAL TO HIGH DENSITY RESIDENTIAL AND
MODIFYING FIGURE 2-4 (VILLAGE CENTER OVERLAY) OF THE GENERAL
PLAN, DELETING THE AREA CORRESPONDING TO PLANNING AREA 2 FROM
THE VILLAGE CENTER OVERLAY AND ADDING AREAS CORRESPONDING TO
PLANNING AREAS 5 AND 37 TO THE VILLAGE CENTER OVERLAY ON
PROPERTY GENERALLY LOCATED NORTH OF sr 76 SOUTH, EAST OF
MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD
STAGE ROAD
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1 6.3Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 96-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO. PA96-0106 (ZONING AMENDMENT, SPECIFIC PLAN
NO. 219) AMENDING PLANNING AREAS 1, 2, 6, 9, 14, 27, 28, 29, 36 AND 37 OF
PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE AND ADDING
PLANNING AREAS 38 AND 39 TO THE PALOMA DEL SOL SPECIFIC PLAN AND
SPECIFIC PLAN ORDINANCE, ON PROPERTY GENERALLY LOCATED NORTH OF
SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST
OF BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS
950-020-001 THROUGH 950-202-004, 950-020-009 THROUGH 950-020-025, 950-
020-027, 950-020-029, 955-030-002 THROUGH 955-030-004 AND 955-030-006
THROUGH 955-030-011
1 7Ordinance Amendinci Title 1 5, of the Temecula Municipal Code for Shutoff Valves and
Electrical Vehicle Charciinci System Equipment
RECOMMENDATION:
17.1Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 96-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA,
AMENDING TITLE 15, BUILDING AND CONSTRUCTION OF THE TEMECULA
MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING STANDARDS FOR THE
INSTALLATION OF SEISMIC GAS SHUTOFF VALVES AND ELECTRICAL VEHICLE
CHARGING SYSTEM EQUIPMENT
COUNCIL BUSINESS
1 8Purchase Agreement for Real Property Required for the Western Bypass Corridor Proaect and
the 1-1 5/Highway 79S Interchancie Improvement Pro*ect
RECOMMENDATION:
18.1Adopt a resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR
ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY + /- 17,773
SQUARE FEET LOCATED ON THE WEST SIDE OF FRONT STREET IMMEDIATELY
WEST OF THE INTERSECTION OF INTERSTATE 15 AND FRONT STREET,
TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-210-047
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1 8.2Adopt a resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR
ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY + /- 50,793,
SQUARE FEET LOCATED ON THE WEST SIDE OF INTERSTATE 15, TEMECULA,
CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-110-005
18.3Authorize an advance of up to $71 8,234 from the General Fund to cover acquisition,
escrow, soil testing and closing costs for the Western Bypass Corridor Project.
18.4Authorize an appropriation of up to $258,853 from Development Impact Fees -
Public Facilities to cover acquisition, escrow, soil testing, and closing costs fro the I-
1 5/Highway 79S interchange improvement project.
18.5Authorize the Mayor to sign the Purchase and Sale Agreements and Escrow
Instructions.
19Riverside County Interciovernmental Aciencies Discussion
(Continued from the meeting of November 26, 1 996)
Placed on the Agenda at the Request of Councilmember Roberts for discussion and
direction)
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: December 17, 1 996, 7:00 PM, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
R:@Agenda\l 21096 1 3
ITEI\4 1
ITEI\4 2
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNC]IL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAE%4S AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the following clgms 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 $539,652.66
Section 2. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPRED, this 10th day of December, 1996.
Karel F. Lindemans, Mayor
ATMT:
June S. Greek, CMC, City Clerk
[SEAL]
Resos 122 1
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing
Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of
Temecula on the 10th day of December, 1996 by the following roll call vote:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
June S. Greek, CMC, City Clerk
Resos 122 2
CITY OF TEMECULA
LIST OF DEMANDS
11/27196 TOTAL CHECK RUN: $142,442.16
12/10/96 TOTAL CHECK RUN: 256,708.75
11127/96 TOTAL PAYROLL RUN: 140,501 @75
TOTAL LIST OF DEMANDS FOR 12/10196 COUNCIL MEETING: 539,652.66
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL $59,652.96
165 RDA-LOW/MOD 10,266.10
190 COMMUNITY SERVICES DISTRICT 14,322.19
191 TCSD SERVICE LEVEL A 24.15
192 TCSD SERVICE LEVEL B 61.52
193 TCSD SERVICE LEVEL C 1,055.18
194 TCSD SERVICE LEVEL D 429.71
210 CAPITAL IMPROVEMENT PROJ (CIP) 90,724.98
280 RDA-CIP 208,632@90
300 INSURANCE 560.46
320 INFORMATIONS SYSTEMS 11,894.09
330 SUPPORT SERVICES 461.20
340 FACILITIES 1,065.47 399,150.9i
PAYROLL:
001 GENERAL $97,612.57
165 RDA-LOW/MOD 1,703.25
190 TCSD 25,767.54
191 TCSD SERVICE LEVEL A 70.34
192 TCSD SERVICE LEVEL B 177.11
193 TCSD SERVICE LEVEL C 3,202.99
194 TCSD SERVICE LEVEL D 1,067.50
280 RDA-CIP 3,489.08
300 INSURANCE 949.16
320 INFORMATION SYSTEMS 2,953.50
330 SUPPORT SERVICES 855.06
340 FACILITIES 2,653.65 140,501.75
TOTAL BY FUND: $539,652.66
PREPA A G SPECIALIST
I,- tx -, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
GEM'E RTS, DIRECT6R OF FINANCE
I.- HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT
RONALD E. BRADLEY, CITY MANAGER
VOUCHRE2 CITY OF TEMECULA PAGE 2
12102/96 08:00 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE AMOUNT
210 CAPITAL IMPROVEMENT PROJ FUND 58,507.66
280 REDEVELOPMENT AGENCY - CIP 198,201.09
TOTAL ?56,708.75
VOUCHRE2 CITY OF TEMECULA PAGE 1
12102196 08:00 VOIJCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
40611 12/10/96 002123 BROWN,CHUDLEIGH,SCHULER PROFESSIONAL SERVICES 280-2645 7,000.00 7,000.00
40613 12/10/96 002129 GREAT WEST CONTRACTORS, NOV CONCRETE WRK-PARKVIEW ST. 210-190-626-5804 46,100.00
40613 12/10/96 002129 GREAT WEST CONTRACTORS, RELEASE STOP NOTICE:PARKVIEW 210-2038 24,873.06
40613 12/10/96 002129 GREAT WEST CONTRACTORS, RETENTION W/H PMT#10 PARKVIEW 210-2035 4,610.00-
40613 12/10/96 002129 GREAT WEST CONTRACTORS, STOP NOTICE:PARKVIEW 210-2038 20,427.90- 45,935.16
40614 12/10/96 002397 LANDMARK/CALIFORNIA STA RET:ESCROW ACCT GREAT WEST #10 210-1035 4,610.00 4,610.00
40615 12/10/96 000384 LAW/CRANDALL, INC. OCT PROFESSIONAL SRVCS WALCOTT 210-165-637-5804 7,962.50 7,962.50
40616 12/10/96 000482 LEIGHTON & ASSOCIATES, AUG-OCT PROF SRVCS:WINCH BRDG 280-199-602-5804 7,146.40 7,146.40
40617 12/10196 002164 MAHR CONSTRUCTION NOV PRG PMT#10-SAM HICKS PARK 280-199-805-5804 20,832.39
40617 12/10/96 002164 MAHR CONSTRUCTION C/O #4 NOV SAM HICKS PARK 280-199-805-5804 2,451.25
40617 12/10/96 002164 MAHR CONSTRUCTION RETENTION W/H PMT #10-SAM HICK 280-2035 2,328.38- 20,955.26
40618 12/10/96 002181 RIVERSIDE CONSTRUCTION CREDIT:OVERCHARGE ON CONTRACT 280-199-602-5804 4,649.15-
40618 12/10/96 002181 RIVERSIDE CONSTRUCTION CREDIT ON RETENTION:PW94-21 280-2035 464.92
40618 12/10/96 002181 RIVERSIDE CONSTRUCTION OCT PRGS PMT#9-WINCH/1-15 280-199-602-5804 178,308.51
40618 12/10/96 002181 RIVERSIDE CONSTRUCTION RETENTION W/H PMT#9-WINCH/1-15 280-2035 17,830.85- 156,293.43
40619 12/10/96 001483 TOM DODSON & ASSOCIATES CONSULTING SERVICES FOR 1ST 280-199-807-5802 6,806.00 6,806.00
TOTAL CHECKS 256,708.75
VOUCHRE2 CITY OF TEMECULA PAGE 7
11/27/96 16:46 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE AMOUNT
001 GENERAL FUND 59,652.96
165 RDA DEV- LOW/MOD SET ASIDE 10,266.10
190 COMMUNITY SERVICES DISTRICT 14,322.19
191 TCSD SERVICE LEVEL A 24.15
192 TCSD SERVICE LEVEL B 61.52
193 TCSD SERVICE LEVEL C 1,055.18
194 TCSD SERVICE LEVEL D 429.71
210 CAPITAL IMPROVEMENT PROJ FUND 32,217.32
280 REDEVELOPMENT AGENCY - CIP 10,431.81
300 INSURANCE FUND 560.46
320 INFORMATION SYSTEMS 11,894.09
330 SUPPORT SERVICES 461.20
340 FACILITIES 1,065.47
TOTAL 142,442.16
VOUCHRE2 CITY OF TEMECULA PAGE 1
11/27/96 16:46 VOUCHERICHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
40536 11/25/96 002558 NS MICROWAVE RENTAL TRANSMITTER COUNCIL MTG 320-199-999-5250 538.75 538.75
671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 001-2070 82.91
671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 165-2070 3.64
671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 190-2070 69.54
671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 193-2070 6.34
671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 280-2070 9.38
671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 340-2070 2.60
671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 001-2070 4,069.03
671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 165-2070 84.46
671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 190-2070 829.41
671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 191-2070 1.69
671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 192-2070 3.93
671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 193-2070 77.27
671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 194-2070 29.74
671721 11/27196 000444 INSTATAX (EDD) 000444 STATE 280-2070 142.90
671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 300-2070 70.70
671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 320-2070 208.39
671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 330-2070 22.52
671721 11127196 000444 INSTATAX (EDD) 000444 STATE 340-2070 24.43 5,738.88
697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 15,417.37
697746 11127/96 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 262.45
697746 11127/96 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 3,584.87
697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 9.01
697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 22.51
697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 395.20
697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 163.87
697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 483.76
697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 272.31
697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 718.56
697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 330-2070 99.34
697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 190.38
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 3,606.54
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 63.10
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 936.18
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 2.38
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 6.04
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 110.05
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 37.89
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 124.36
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 38.18
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 125.64
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 27.82
697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 85.82 26,783.63
40539 11/27/96 002410 A WOMANIS TOUCH BUILDIN NOV JANITORIAL SRVCS-PARKS 190-180-999-5250 1,020.00 1,020.00
40540 11/27/96 002348 A-PARK AVENUE BUILDERS CONSTRUCT A C SWALE FOR RAIN 001-164-601-5401 3,300.00 3,300.00
40541 11/27/96 AMERICAN MICROFILMING REFUND:WITNESS FEES 001-199-4060 450.00 450.00
VOUCHRE2 CITY OF TEMECULA PAGE 2
11/27/96 16:46 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
40542 11/27/96 000101 APPLE ONE, INC. TEMP. HELP BLDG & SAFETY 001-162-999-5118 361.20
40542 11/27/96 000101 APPLE ONE, INC. TEMPORARY SERVICES 001-161-999-5118 361.20
40542 11/27/96 000101 APPLE ONE, INC. TEMP. HELP BLDG & SAFETY 001-162-999-5118 361.20
40542 11/27/96 000101 APPLE ONE, INC. TEMPORARY HELP 001-161-999-5118 361.20 1,444.80
40543 11/27/96 001323 ARROWHEAD WATER, INC. DRINKING WATER FOR CITY HALL 340-199-701-5240 201.62 201.62
40544 11/27/96 000475 B N I PUBLICATIONS, INC 197 METRIC GREENBOOK LAND DEV 001-165-999-5220 190.18
40544 11/27/96 000475 B N I PUBLICATIONS, INC 197 METRIC GREENBOOK C/P 001-163-999-5228 101.97
40544 11/27/96 000475 B N I PUBLICATIONS, INC 197 METRIC GREENBOOK PW MAINT 001-164-604-5228 61.31 353.46
40545 11/27/96 BETZ, SYDNE CLASS REFUND/KRAFTY KIDS 190-183-4982 40.00 40.00
40546 11/27/96 002145 BIOCOM - SAN DIEGO 5TH ANNUAL HOLIDAY BREAKFAST 001-110-999-5260 25.00
40546 11/27/96 002145 BIOCOM - SAN DIEGO SAN DIEGO ANNUAL MEMBERSHIP DU 001-100-999-5226 500.00 525.00
40547 11/27/96 000152 CALIFORNIA PARKS & RECR MEMBERSHIP DUES 190-180-999-5226 130.00
40547 11/27/96 000152 CALIFORNIA PARKS & RECR MEMBERSHIP DUES 190-180-999-5226 130.00 260.00
40548 11/27/96 002343 CHINO CONSTRUCTION COMP RELEASE RETENTION PW96-06 001-2035 475.15 475.15
40549 11/27/96 CITATION PROCESSING CEN CITATION PAYMENT/WRONG ADDRESS 001-2260 5.00
40549 11/27/96 CITATION PROCESSING CEN CITATION PAYMENT/WRONG ADDRESS 001-170-4055 20.00 25.00
40550 11/27/96 001193 COMP USA, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 103.64
40550 11127/96 001193 COMP USA, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 274.66 378.30
40551 11/27/96 001275 COMPUSERVE, INC. COMPUSERVE INFORMATION SERVICE 320-199-999-5228 10.05 10.05
40552 11/27/96 002106 DA FAMILY SUPPORT 002106 SUPPORT 190-2140 100.00 100.00
40553 11/27/96 000155 DAVLIN PLANNING COMMISSION MEETINGS 001-161-999-5250 156.68 156.68
40554 11/27/96 001673 DIVERSIFIED TEMPORARY S TEMPORARY SERVICES 001-161-999-5118 361.20
40554 11127/96 001673 DIVERSIFIED TEMPORARY S TEMPORARY SERVICES 001-161-999-5118 288.96 650.16
40555 11/27/96 000161 EDEN SYSTEMS, INC. PAYROLL PROGAM MODIFICATION 320-199-999-5211 87.50
40555 11/27/96 000161 EDEN SYSTEMS, INC. A/P PROGRAM MODIFICATION 320-199-999-5211 50.00 137.50
40556 11/27/96 002562 ELLIS GROUP APPRAISAL SVCS:WINCHESTER/1-15 280-1652 800.00 800.00
40557 11/27/96 002159 FIRST AMERICAN TITLE IN PRELIMINARY TITLE REPORT FOR 280-199-807-5802 400.00 400.00
40558 11/27/96 001989 FOX NETWORK SYSTEMS, IN NETWORK CLIENT SERVICES 320-199-999-5250 780.00
40558 11/27/96 001989 FOX NETWORK SYSTEMS, IN NETWORK CLIENT SERVICES 320-199-999-5250 240.00 1,020.00
40559 11/27/96 000170 FRANKLIN QUEST COMPANY, DAY PLANNER BINDERS & REFILLS 001-120-999-5220 41.22 41.22
40560 11/27/96 002560 G T E INSTALL 2 PHONE STATIONS 320-199-999-5208 664.60 664.60
40561 11/27/96 000184 G T E CALIFORNIA - PAYM 506-1941:GENERAL USAGE 320-199-999-5208 374.47
VOUCHRE2 CITY OF TEMECULA PAGE 3
11/27/96 16:46 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
40561 11/27/96 000184 G T E CALIFORNIA - PAYM 676-0783:GENERAL USAGE 320-199-999-5208 201.99
40561 11/27/96 000184 G T E CALIFORNIA - PAYM 694-1993:GENERAL USAGE 320-199-999-5208 953.49
40561 11/27/96 000184 G T E CALIFORNIA - PAYM 694-6400:GENERAL USAGE 320-199-999-5208 1,319.78
40561 11/27/96 000184 G T E CALIFORNIA - PAYM 699-2475:GENERAL USAGE 001-164-601-5208 49.21
40561 11/27/96 000184 G T E CALIFORNIA - PAYM 699-2811:GENERAL USAGE 320-199-999-5208 2,744.55
40561 11/27/96 000184 G T E CALIFORNIA - PAYM 699-8632:GENERAL USAGE 320-199-999-5208 27.86 5,671.35
40562 11/27/96 001355 G T E CALIFORNIA, INC. OCTOBER MONTHLY ACCESS CHARGES 320-199-999-5208 350.00
40562 11127196 001355 G T E CALIFORNIA, INC. OCTOBER MONTHLY ACCESS CHARGES 320-199-999-5208 435.00 785.00
40563 11/27/96 001164 GABRIEL, RICHARD RENT FOR CITY MAINTENANCE YARD 001-164-601-5234 440.00
40563 11/27/96 001164 GABRIEL, RICHARD RENT FOR CITY MAINTENANCE YARD 190-180-999-5234 352.00
40563 11/27/96 001164 GABRIEL, RICHARD RENT FOR CITY MAINTENANCE YARD 001-162-999-5234 88.00 880.00
40564 11/27/96 000481 GEOTECHNICAL & ENVIRONM AUG PROF SRVCS-PARKVIEW ST. 210-190-626-5804 677.45
40564 11/27/96 000481 GEOTECHNICAL & ENVIRONM AUG PROF SRVCS-PARKVIEW ST. 210-190-626-5804 456.55
40564 11/27/96 000481 GEOTECHNICAL & ENVIRONM OCT PROF SRVCS-PARKVIEW ST. 210-190-626-5804 497.00
40564 11/27/96 000481 GEOTECHNICAL & ENVIRONM OCT PROF SRVCS-PARKVIEW ST. 210-190-626-5804 1,424.00 3,055.00
40565 11/27/96 000177 GLENNIES OFFICE PRODUCT RETURNED CALENDAR 001-161-999-5220 2.13-
40565 11/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES TCSD 190-180-999-5220 448.33
40565 11/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES TCSD 190-180-999-5220 32.16
40565 11/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES 001-120-999-5220 7.38
40565 11/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES TCSD 190-180-999-5220 153.10
40565 11/27/96 000177 GLENNIES OFFICE PRODUCT SUPPLIES FOR SENIOR CENTER 190-181-999-5220 25.84
40565 11/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES / FINANCE DEPT 001-140-999-5220 215.48
40565 11/27/96 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-161-999-5220 40.37
40565 11/27/96 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-161-999-5220 13.46
40565 11/27/96 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-162-999-5220 200.38 1,134.37
40566 11/27196 001697 HALL, NANCY LEE INSTRUCTOR CLASS FEE 190-183-999-5330 36.00 36.00
40567 11/27/96 000796 1 C B 0 ADMINISTRATIVE ISSUES SEMINAR 001-162-999-5261 45.00 45.00
40568 11/27/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,575.02
40568 11/27/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 375.04
40568 11/27/96 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 193-2080 7.14 1,957.20
40569 11/27/96 001910 IKON OFFICE SOLUTIONS, OCT COPIER MAINTENANCE AGR 330-199-999-5217 395.68
40569 11/27/96 001910 IKON OFFICE SOLUTIONS, CREDIT:COPIER RETURNED 330-199-999-5217 210.00- 185.68
40570 11127/96 001429 INACOM INFORMATION SYST NETWORK CLIENT SERVICES 320-199-999-5250 235.00
40570 11/27/96 001429 INACOM INFORMATION SYST COMP TECHNICAL SERVICES 320-199-999-5250 365.00 600.00
40571 11/27/96 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 309.85 309.85
40572 11/27/96 002493 INTERNATIONAL CONFERANC 194 EGRESS VIDEO PACKAGE DEAL 001-162-999-5228 8.91 8.91
40573 11/27/96 001186 IRWIN, JOHN REFUND:BALLROOM DANCING 190-183-999-5330 11.20 11.20
40574 11/27/96 002140 JAGUAR COMPUTER SYSTEMS EMAIL QUARTERLY SUPPORT & MAIN 320-199-999-5211 300.00 300.00
VOUCHRE2 CITY OF TEMECULA PAGE 4
11/27/96 16:46 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
40575 11/27/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 11/10 EVANS 001-164-604-5118 135.19
40575 11/27/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 11/10 EVANS 001-163-999-5118 135.19
40575 11/27/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 11/10 EVANS 001-165-999-5118 135.22
40575 11/27/96 001667 KELLY TEMPORARY SERVICE TEMPORARY EMPLOYMENT SERVICES 190-180-999-5118 68.25 473.85
40576 11/27/96 KIM, ELAINE CLASS REFUND/TINY TOTS THANKSG 190-183-4992 16.00 16.00
40577 11/27/96 001282 KNORR SYSTEMS, INC MISC POOL SUPPLIES FOR CRC 190-182-999-5212 107.44 107.44
40578 11/27/96 000482 LEIGHTON & ASSOCIATES, JUL-AUG PROF SRVCS:WINCHE BRDG 280-199-602-5804 3,858.50 3,858.50
40579 11/27/96 002164 MAHR CONSTRUCTION RCSP-RESTROOM CONSTRUCTION 210-190-146-5804 26,572.00 26,572.00
40580 11/27196 002011 MARTIN, KATHARINA E. TCSD INSTRUCTOR EARNINGS 190-183-999-5330 780.00 780.00
40581 11/27/96 000220 MAURICE PRINTERS, INC. INVITATIONS & ENVELOPES TO 001-100-999-5265 134.69 134.69
40582 11/27/96 000843 MCDANIEL ENGINEERING CO OCT PROF SRVCS WINCHESTER BRDG 280-199-602-5804 1,276.66
40582 11127196 000843 MCDANIEL ENGINEERING CO OCT PROF SRVCS WINCHESTER BRDG 280-199-602-5804 148.34 1,425.00
40583 11/27/96 NEW COMMUNITY LUTHERAN SECURITY DEPOSIT REFUND 190-2900 100.00 100.00
40584 11/27/96 002139 NORTH COUNTY TIMES - AT SUB:THE CALIFORNIAN-48 WEEKS 190-180-999-5228 53.00
40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES 001-161-999-5256 36.21
40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES 001-161-999-5256 25.56
40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICE 001-161-999-5256 38.34
40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES 001-161-999-5256 48.99
40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES 001-161-999-5256 44.73
40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICE 001-120-999-5256 29.82 276.65
40585 11/27/96 002516 ORGANIZERS PLUS CABINET FOR COUNCIL CHAMBERS 210-199-650-5804 2,350.00
40585 11/27/96 002516 ORGANIZERS PLUS TAX 210-199-650-5804 182.13 2,532.13
40586 11/27/96 002297 PACIFIC RELOCATION CONS OCT PROF SVCS-OT ENTERTAINMENT 280-1279 2,380.00 2,380.00
40587 11/27/96 001243 PALMQUIST, MARY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 86.40 86.40
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 001-2130 278.98
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 14,907.54
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 243.92
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 3,080.05
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 11.02
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 27.66
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 379.26
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 174.73
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 439.01
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 173.80
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 292.08
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 124.91
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 353.77
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 59.16
VOUCHRE2 CITY OF TEMECULA PAGE 5
11/27/96 16:46 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
40588 11127/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 .84
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 13.58
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 .05
40588 11127/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 .14
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 1.77
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 .97
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 1.85
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-2390 .46
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 .93
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 .93
40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 2.09 20,569.50
40589 11/27/96 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 40.62 40.62
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 25.54
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 35.26
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5222 4.84
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5222 4.84
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5222 22.29
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 26.25
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 13.43
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 29.05
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 7.79
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5208 9.90
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 7.98
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5220 2.59
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 25.66
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 340-199-701-5212 10.75
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5222 7.00
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5244 26.94
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 3.99
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 340-199-701-5242 57.11
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5263 10.00
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5220 20.42
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-120-999-5260 29.75
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 5.00
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5220 12.93
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-165-999-5260 22.00
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 15.00
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 47.00
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5220 9.53
40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 16.32 509.16
40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN RECRUITMENT ADS- HUMAN RES. 001-150-999-5254 79.66
40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN RECRUITMENT ADVERTISING 001-150-999-5254 206.90
40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN AD FOR HALLOWEEN SPOOKTACULAR 190-180-999-5254 64.50
40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN AD-PUBLIC/TRAFFIC SFTY COMM. 001-120-999-5254 129.00
40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN ROADWAY CONSTRUCTION UPDATE 001-165-999-5256 88.00
40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICES 001-161-999-5256 68.87 636.93
40593 11/27/96 000947 RANCHO BELL BLUEPRINT C MISC. BLUEPRINTS & SUPPLIES AS 001-164-604-5268 13.74 13.74
VOUCHRE2 CITY OF TEMECULA PAGE 6
11/27196 16:46 VOtJCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
40594 11/27/96 REGEIRO, MARIA SECURITY DEPOSIT ROOM RENTAL 190-183-4990 95.00 95.00
40595 11/27/96 000375 SOUTHERN CALIF TELEPHON 909-202-5153-GY-NOV 001-150-999-5208 94.95
40595 11/27/96 000375 SOUTHERN CALIF TELEPHON 9095192136/TH/NOV 320-199-999-5208 27.19 122.14
40596 11/27/96 002561 TAS INTERNATIONAL RANCHO CREEK APT REHAB LOAN 165-199-813-5804 9,500.00 9,500.00
40597 11/27/96 000168 TEMECULA FLOWER CORRAL FLOWERS-GRAND OPENING 210-199-650-5804 58.19 58.19
40598 11/27/96 TEMECULA, ROTARY OF CITY ADVERTISEMENT 001-110-999-5254 200.00 200.00
40599 11/27/96 THE PANTRY TICKETS/RROBERTS/DEC3RD BENEFI 001-100-999-5260 75.00 75.00
40600 11/27196 TIGHE CONSTRUCTION REFUND:BLDG PERMIT FEES 001-162-4200 10.50
40600 11127/96 TIGHE CONSTRUCTION REFUND:BLDG PERMIT FEES 001-162-4285 14.00 24.50
40601 11/27/96 002111 TOGO'S QTRLY MGMT. MTG. LUNCH 11/14 001-150-999-5260 135.45 135.45
40602 11/27/96 001483 TOM DODSON & ASSOCIATES CONSULTING SERVICES FOR 1ST 280-199-807-5802 202.00 202.00
40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 001-2080 2,634.39
40603 11/27/96 001065 U S C M /PESSCO (DEF. C 001065 DEF COMP 165-2080 72.39
40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 190-2080 733.35
40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 192-2080 1.24
40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 193-2080 18.75
40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 194-2080 22.51
40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 280-2080 75.89
40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 300-2080 5.01
40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 320-2080 312.50
40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 340-2080 112.50 3,988.53
40604 11/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 001-2160 911.22
40604 11/27/96 000389 U S C M /PERSCO (OBRA) 000389 PT RETIR 165-2160 34.10
40604 11/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 190-2160 651.90
40604 11/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 193-2160 59.40
40604 11/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 280-2160 87.96
40604 11/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 320-2160 152.46
40604 11/27/96 000389 U S C M /PESSCO (OBRA) 000389 PT RETIR 340-2160 24.40 1,921.44
40605 11/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 001-2120 76.10
40605 11/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 165-2120 1.20
40605 11/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 190-2120 15.00
40605 11/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 280-2120 1.20 93.50
40606 11/27/96 VAN DAELE DEVELOPMENT REFUND:APPLICATION FEE DEV AGR 001-163-4131 550.00
40606 11/27/96 VAN DAELE DEVELOPMENT REFUND:APPLICATION FEE DEV AGR 001-161-4131 4,000.00 4,550.00
40607 11/27/96 001209 "ULT INC., THE DATA STORAGE - CARTRIDGE CTR 001-120-999-5277 444.44 444.44
40608 11/27/96 VITANZA, PHYLLIS REFUND/RAGING WATERS 190-183-4980 25.00 25.00
TOTAL CHECKS 142,442.16
ITEI\4 3
APPRI
CITY ATTO'.
DIRECTOR i
CITY MANAI
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: December 10, 1996
SUBJECT:City Treasurer's Report as of October 31, 1996
PREPARED BY:Tim McDermott, Assistant Finance Director
Jesse Diaz, Accounting Aide
RECOMMENDATION: That the City Council receive and file the City Treasurer's Report
as of October 31, 1996.
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 the Code
Sections as of October 31, 1996.
FISCAL IMPACT: None
ATTACHMENTS:1. City Treasurer's Report as of October 31, 1996
2.Schedule of Assets, Liabilities, and Fund Equity as of October 31,
1996
City of Temecula
City Treasurer'* Report
As of October 31, 1996
Cash Activity for the Month of October
Cash and Investments as of October 1, 1996 $ 52,520,402
Cash Receipts 3,209,733
Cash Disbursements (2,900,184)
Cash and Investments as of October 31, 1996 $52,829,951
Cash and Investments Portfolio:
Contractual/
Maturity Market Par/Book
Type of lnvestmeryt Institution Yield Date (2) Value Balance
Petty Cash City Hall $ 1,500 1,500
General Checking Home Savings 105,772 105,772 (1)
General Checking Union Bank 268,708 268,708 (1)
Benef'g Demand Deposits Union Bank 3,625 3,625 (1)
Local Agency Investment Fund State Treasurer 5.601% 37,031,104 37,031,104 (3)
Retention Escrow Account Landmark]Califomia State Bank 108,502 108,502
Deferred Compensation Fund ICMA 339,735 339,735
Deferred Compensation Fund PEBSCO 541,497 541,497
Defined Contribution Fund PEBSCO 54,448 54,448
Trust Acr-ounts-TCSD COPE First Trust (Fidelity Treasury II) 5.150 17,417 17,417
(Money Market Account)
Reserve Account-TCSD COPE Bayerische Landesbank 6.870 502,690 502,690
(Guaranteed Investment Contract)
Trust Accounts-R DA Bonds First Trust (Fidelity Treasury II) 5.150 12,406,011 12,406,011
(Money Market Account)
Reserve Account-RDA Bonds Bayerische Landesbank 7.400 1,448,942 1,448,942
(Guaranteed Investment Contract)
$ 52,829,951
(I)-This amount is net of outstanding checks.
(2)-All investments are liquid and currently available.
(3)-At October 31, 1996 total market value for the Local Agency Investment Fund (LAIF) was $26,742,009,767. The Citys
proportionate share of that value is $37,442,433.
The City of Temecula's portfolio is in compliance with the investmervt policy. Adequate funds will be available to meet
budgeted and actual expenditures of the City of Temecula for the ne)d six months.
City of Temecula
Schedule of Assets, Liabilifies, and Fund Balances
As of October 31, 1996
Community
Services Redevelopment
city (1) District Agency Total
Assets:
Cash and investments $31,790,596 $ 1,486,243 $ 19,553,112 $52,829,951
Receivables 4,218,334 122,300 1,213,649 5,554,283
Due from other funds 843,765 4,995 848,760
Land held for resale 2,103,053 2,103,053
Prepaid assets 336,936 336,936
Fixed assets-net 688,148 62,700 750,848
Total assets $ 37,877,779 $1,613,538 $ 22,932,514 $ 62,423,831
Liabilities and fund equity:
Liabilities:
Due to other funds $ 810,965 $ 4,995 $ 32,800 $848,760
Other liabilities 5,214,883 145,621 567,520 5,928,024
Total liabilities 6,025,848 150,616 600,320 6,776,784
Fund equity:
Contributed capital 1,055,344 1,055,344
Retained earnings 462,168 462,168
Fund balances:
Reserved (2) 7,063,320 1,324,479 10,021,868 18,409,667
Designated (3) 17,233,213 474,886 12,310,326 30,018,425
Undesignated 6,037,886 (336,443) 5,701,443
Total fund equity 31,851,931 1,462,922 22,332,194 55,647,047
Total liabilities and fund equity $37,877,779 $1,613,538 $22,932,514 $62,423,831
(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, low/mod housing,
and debt service.
(3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations.
ITEI\4 4
APPROVAL
CITY ATTORT
FINANCE DIR
CITY MANAG
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM: Joseph Kicak, Director of Public Works/City Engineer
DATE: December 10, 1996
SUBJECT:Resolution To Support an Inland Empire Routing of High Speed Rail
Between Los Angeles and San Diego.
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA IN SUPPORT OF AN INLAND EMPIRE ROUTING OF
HIGH SPEED RAIL BETWEEN LOS ANGELES AND SAN DIEGO
BACKGROUND:
A high-speed train has been proposed between Northern California cities from Sacramento (to
include San Francisco spur) through the central valley into Los Angeles. From Los Angeles to
San Diego, the originally proposed route was along the coast through the cities of Anaheim,
Irvine, and Oceanside to San Diego.
San Diego community leaders are opposing any routes along the coast as being inappropriate,
therefore, the Interstate Rail Commission dropped its plans for the originally proposed route
from Los Angeles to San Diego. An inland route between Los Angeles and San Diego is being
considered, generally along the 1-1 5 corridor. Such route, if approved, would travel through the
Temecula Valley and provide much easier access to the traveling public and would potentially
greatly decrease the automobile traffic in this area.
FISCAL IMPACT:
None
ATTACHMENTS:
Resolution No. 96-
R.\AGD@6\1210\HI-SPEED.RAL rh
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNC]IL OF THE CITY
OF TEMIECULA IN SUPPORT OF AN INLAND EMIPIRE
ROUTING OF HIGH SPEED RAIIL BETWEEN LOS
ANGELES AND SAN DIEGO
WHEREAS, the California Intercity High Speed Rail Commission is completing its study
of the feasibility of establishing a high speed rail line between Los Angeles and the Bay Area; and,
AS, the California Intercity High Speed Rail Commission has concluded that an
extension from Los Angeles to San Diego would significantly increase total State ridership and
would generate four million passengers yearly just on the segment between Los Angeles and San
Diego; and,
WHEREAS, the California Intercity High Speed Rail Commission has selected two
alternate routes between Los Angeles and San Diego: one parallel to Interstate 5 and one parallel
to Interstates 10 and 15/215; and,
WHEREAS, the 1-5 coastal corridor currently has numerous Amtrak and commuter trains
in its limited right-of-way and most communities along that corridor have previously expressed
opposition to high speed rail; and,
WHEREAS, an unconstrained high speed rail route via the Inland Empire would have
shorter travel times between San Diego and Us Angeles compared to a reduced speed alternative
using the environmental sensitive costal corridor and would, thus, likely generate greater ridership
and revenue; and,
AS, an Inland Empire routing for the high speed rail system would establish new
economic links to northern San Diego county cities such as Escondido; and,
AS, the 1-15/215 corridor currently provides no rail service options between the
Inland Empire and San Diego while the costal corridor already provides a full range of commuter
and intercity services; and,
AS, the Inland Empire is a major hub of an expanding regional economy and both
to recognize the need for and support the development of transportation improvements to
strengthen the region's economy; and
AS, the United States Department of Commerce forecasts that the two counties
of Riverside and San Bernardino will have the largest population growth of any of the nation's
metropolitan areas over the next ten years creating over 415,000 new jobs and the Southern
California Association of Governments estimates that the counties of Riverside and San Bernardino
will have a population of approximately 4.2 million by the year 2005; and,
WHEREAS, the Inland Empire high speed rail alignment between San Diego and Los
Angeles could connect with other proposed high speed rail projects between Los Angeles and Las
Vegas; and,
R:\AGDRYM6\1210\HI-SPEED.RAL rh
WHEREAS, the Inland Empire transportation agencies own many miles of rail rights-of-
way which could be used for portions of an alignment to San Diego, including twenty miles
immediately parallel to 1-215 and additional rights-of-way in the Inland Empire could be
purchased at values less than along a coastal route; and,
WHEREAS, there is little or no air service between the Inland Empire and either San
Diego or Los Angeles, thus, minimizing competition between air and rail modes; and,
"ERF,AS, public support for rail development is strong within the Inland Empire;
NOW, F'ORE BE IT RESOLVED, that the City Council of the City of Temecula
supports the development and construction of a high speed rail link between Los Angeles and San
Diego serving the Inland Empire, as part of an overall high speed rail system between San Diego
and San Francisco.
PASSED, APPROVED AND ADOPRED by the City Council of the City of Temecula
on the 10th day of December, 1996.
Karel F. Lindemans, Mayor
ATTEST:
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF TEMECULA
1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the Resolution
No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a
regular meeting thereof, held on the 10th day of December, 1996, by the following vote:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
ABSTAIN: 0 COUNCILMEMBERS:
June S. Greek, City Clerk
R:\AGDRYR96\1210\HI-SPEED.RAL rh
ITEI\4 5
APPROVAL
CITY ATTOR@
FINANCE DIRI
Y MANAG
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM: Joseph Kicak, Director of Public Works/City Engineer
DATE: December 10, 1996
SUBJECT:Parcel Map No. 28317, Located on the Northerly Side of Winchester Road
(Hwy79 North) at the Intersection of Ynez Road
PREPARED BY:Ronald J. Parks, Principal Engineer - Land Development
John Pourkazemi, Associate Engineer - Land Development
RECOMMENDATION:
That the City Council approve Parcel Map No. 28317 subject to the Conditions of Approval.
BACKGROUND:
Tentative Parcel Map No. 28317, was approved by the City of Temecula Planning Manager,
Debbie Ubnoske, on April 11, 1996. The Developer, Temecula Medical Park Development,
Phase 11, has met all of the Conditions of Approval.
Parcel Map No. 28317 is one (1) lot commercial subdivision, for condominium purposes, of
1. 1 2 acres located on the northerly side of Winchester Road (Hwy 79 North) at the intersection
of Ynez Road. The site is currently vacant.
The existing drainage facilities at the intersection of Winchester Road (Highway 79 North) and
Ynez Road were reviewed and found to be inadequate to support additional development. The
existing drainage facilities will need to be up sized as additional development occurs along the
north side of Winchester Road. An Agreement for Payment of Drainage Improvement Fees will
be recorded concurrently with Parcel Map No. 28317 and similar agreements will be required
for each contributing property as they are developed.
The following fees have been paid for Parcel Map No. 28317:
Stephen's K-Rat Fee $780.50
Area Drainage Plan Fee $1,839.24
The following fees have been deferred for Parcel Map No. 28317:
Public Facilities Deposit$10,000.00
Due Prior to issuance of building permit
Signal Mitigation Fee $2,800.00
Due Prior to issuance of building permit
r:\sgdrpt@g6@l 21 O\PM28317.agn/ga
The Agreement for Payment of Drainage Improvement Fees will be recorded concurrently with
Parcel Map No. 28317 and a bond of $20,000 will be posted for this developer's fair share of
drainage improvements.
FISCAL IMPACT:
None
Attachments:
1 . Development Fee Checklist
2.Project Location Map
3.Parcel Map No. 28317
4.Fees & Securities Report
5. Agreement for Payment of Drainage Improvement Fee
r:\agdrpt\96\1 21 O\PM28317.ogn/gs
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO.: Parcel Map No. 28317
The following fees were reviewed by Staff relative to their applicability to this project.
FEE CONDITIONS OF APPROVAL
Flood Control (ADP) Paid prior to issuance of grading permit
(Condition no. 42)
Public Facility To be paid prior to issuance of building permit
(Condition no. 48)
Traffic Signal Mitigation To be paid prior to issuance of building permit
(Condition no. 35)
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CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
PARCEL MAP NO. 28317 DATE: December 10, 1996
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY* SECURITY*
Street and Drainage 0.00 $ 0.00
Water 0.00 0.00
ewer 0.00 0.00
TOTAL s 0.00 $ 0.00
Maintenance Retention $0.00
Monument Security $0.00
Note:The Agreement for Payment of Drainage Improvement Fees will be recorded
concurrently with Parcel Map No. 28317 and a bond of $20,000 will be posted
for this developer's fair share of drainage improvements.
DEVELOPMENT FEES
City Traffic Signing and Striping Costs $0.00
RCFCD Drainage Fee Paid $1,839.24
Fire Mitigation Fee $ N/A
Signal Mitigation Fee - Deferred to Bldg Permit $2,800.00
Road and Bridge Benefit Fee $ N/A
Other Development Fees $10,000.00
SERVICE FEES
Planning Fee $55.00
Comprehensive Transportation Plan $4.00
Plan Check Fee $7,750.00
Inspection Fee $0.00
Monument Inspection Fee $0.00
Letter of Map Revision (LOMAR Review) $0.00
Fees Paid to Date $829.00
Balance of Fees Due $0.00
,:\agdrpt\96\1 210\PM28317.agn/gs
Recording requested by, and
When recorded mail to:
CITY OF TEMECULA
43200 Business Park Drive
Temecula, CA 92590
Attn: City Clerk
AGREEMENT FOR PAYMENT OF DRAINAGE IMPROVEMENT FEE
This Agreement is made this 6h dav of November , 1996, by and between the City of
Temecula, a municipal corporation ("City") and Wade Faerber, M.D.,, an individual, Thomas LoBue, M.D., an
individual, John Ellis, M.D., an individual, and David Robinson, an individual, collectively, (the
"Doctors").
RECITALS
A.The Doctors are the owners of the following real property (the "Property") in the City of
Temecula: Parcel 3 & a portion of Parcel 4 of Parcel Map 23335. The legal description of the Property
is described in Exhibit "A", attached hereto and incorporated herein by reference.
B. The Doctors propose to develop the Property pursuant to Tentative Tract Map No. 28317
Amendment No. 1, approved on Maf ch I 1, 199') by the City of Temecula (the "Project").
C. City has determined that the Project will impact drainage facilities within the City as identified in
the Condition No. 26b for the Project. These impacts must be mitigated by payment of a fee as a
condition of development, or participation in an assessment district for additional drainage facility
construction, which fee or assessment district shall be identified as the "Drainage Improvement Fee."
D. Subject to compliance with all public hearing procedures and applicable law, the City proposes to
impose the Drainage Improvement Fee upon new developments within Parcels I through 5 of Parcel Map
2'3335, and Parcels I through 5 of Parcel Map 26852 in the City of Temecula, as shown on Exhibit "C"
attached hereto, in order to construct additional drainage facility improvements (the "Improvements") to
serve and benefit those new developments, including the Project.
E. The City has deten-nined the estimated costs of additional drainage facility improvements as
shown on Exhibit "B" attached hereto. The costs have been distributed on a pro-rata basis according to
the acreage of the benefited lots to determine the estimated Drainage Improvement Fee for the Project.
F. In order for the Doctors to proceed with the Project without full payment of the Drainage
Improvement Fee in a timely manner, the City and the Doctors have determined to enter into this
Agreement.
G. The term "drainage facility" shall refer to public drainage and flood control facilities, and similar
public infrastructure.
NOW, THEREFORE, the parties hereto agree as follows:
I Drainage Improvement Fee
(a) The City Council will establish the amount of the Drainage Improvement Fee in the
future. The Fee will be based upon the acreage of each development against the total acreage of all available lots
benefited by the Improvements. The Drainage Improvement Fee shall also establish the specific drainage facility
to be constructed and their cost, the benefit assessment area and the method by which the fair share, pro-rata
obligations of each property are to be established based on the demand for the Improvements. In no event,
however, shall the Drainage Improvement Fee for the Pr 'ect exceed one hundred twenty-five percent (I 251/@) of
the estimated Drainage Improvement Fee established in Exhibit "B" to this Agreement.
(b) In lieu of immediate payment of the estimated Drainage Improvement Fee the Doctors
may provide security for the estimated Drainage Improvement Fee pursuant to Section 2 of this Agreement.
Upon five days written demand from the City, which may be made at any time, the Doctors shall pay the City the
estimated Drainage Improvement Fee or any portion thereof, in order to pay for the formation of the financing
mechanism of the Drainage Improvement Fee and the design and construction of the Improvements.
(c) When the Drainage Improvement Fee is established, the Doctors shall pay the City
the Fee within five days of receiving written notice from the City. Any estimated Drainage Improvement Fee
previously paid shall be a credit against the Drainage Improvement Fee.
(d) When the Drainage Improvement Fee is established by the City Council, the Doctors
will be reimbursed for any difference between the estimated Drainage Improvement Fee previously paid and the
Drainage Improvement Fee if the estimated Drainage Improvement Fee exceeds the Drainage Improvement Fee.
(e)The City shall record a release of this Agreement upon payment of anv Drainage
Improvement Fee owing andshall provide Doctors with a copy of such release.
(f)As part of paying the Drainage Improvement Fee, Doctors may be required to
participate in an assessment district, drainage district, or other financing mechanism based upon their fair share
apportionment.
2.Security for the Drainage Improvement Fee
(a) Concurrent with the execution of this Agreement, Doctors shall provide an
irrevocable letter of credit or other form of bond approved by the City, in a form approved by the City Attorney,
in an amount equal to the estimated Drainage Improvement Fee for the Pr 'ect, plus twenty five percent (25%)
Oi
of the estimated amount.
(b) As an alternative to collecting the fee from the letter of credit or bond, if the Doctors
fail to pay the Drainage Improvement Fee within thirty (' )O) days of the date the demand is made, the City may
assess a penalty of ten percent (10%) of the amount owing and make said Fee, inclusive of penalty, a lien upon
the described real property by recording a notice that said Fee is due under the terms of this Agreement with the
County Recorder of Riverside County. The notice shall state the fact that it is unpaid and draws interest on the
Fee and penalty at the rate set forth at California Revenue & Taxation Section 19269 until paid.
The City may as an alternative to the lien procedure set forth above, bring legal
actiontocollecttheDrainagelmprovementFeedue. TheDoctorsagreethat'flegalact'onbytheC'ty'
I is
necessary to collect the Fee, the Doctors shall pay the Citv a reasonable sum as attorney's fees and court costs,
together with penalty and interest determined according to paragraph 4(b) of this Agreement-
3. Agreement Runs With Land
This Agreement pertains to and runs with the Property. This Agreement binds the successors in
interest of each of the parties.
4. Bindiny Agreement
This Agreement shall be binding upon Doctors, Doctors' successors and assigns.
5. Amendment[No Continuing Waiver
This Agreement may be modified or amended only in writing, signed by both parties. This
Agreement contains the full and complete understanding of the parties and supersedes any and all prior oral or
written agreements or representations. A waiver of any term or condition of this Agreement by either party shall
not be deemed a continuing waiver thereof
6. Attomey's Fees
Should either party determine that it is necessary to file a legal action to enforce or interpret the
provisions of this Agreement, the prevailing party in that litigation shall be entitled to its reasonable costs,
including but not limited to attorney's fees.
7. Notice
Notice shall be deemed given under this Agreement when in writing and deposited in the United
States mail, first-class, postage prepaid, addressed as follows@
CITY-. DOCTORS-.
City of Temecula Temecula Medical Park Dev., G.P., Phase It
43200 Business Park Drive c/o Edward Anderson
Temecula, CA 92590 P.O. Box 891269
Temecula, CA 92589
S.Miscellaneous Provisions
A. If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be
affected.
B. If there is more than one (1) signer of this Agreement as Doctors, their obligations are joint and
several -
IN WITNESS @REOF, the parties or their duly authorized representatives have executed this
Agreement as of the date set out above.
CITY OF TENTECULA DOCTORS
By: By@ MO
_ S ];,Director Thomas LoBue, M.D.
uo eph Kica
Public Works/'City Engineer
ATTEST: By-
John Ellis
By:
June S. Greek Bv
Cit,v Clerk David @ob
By:
Wade Faerb
STATE OF CALIFORNIA Ss.
COUNTY OF Riverside
On beforeme, @AkJbi @@/ub&-e @OfAal @,6LIc-
personally appeared Thomas LoBue, M.D. ------- ------ - ------ - - - -----------
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature (on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
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STATE OF CALIFORNIA Ss.
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On (I I ) i 9 (, beforeme,,-9AA4bi OIM(:YEC', 100TAky
personally appeared John Ellis, M.D --- - --- - -------- ------------
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature (on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument,
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personally appeared David Robinson, t ------ - -------- - ------- - -------
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature (on the instrument the person or the entity upon behalf of which the person acted,
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On before me,,EA/10@
personally appeared Wade Faerber, M.D ---------- - --------- - ------ - --------
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature (on the instrument the person or the entity upon behalf of which the person acted,
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FIRST TERM PREMIUM FULLY EARNED
Bond Number 3SM 889 906 00
Premium (Two Years) $ 600.00
SUBDIVISION BOND
FAITHFUL PERFORMANCE-PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS: That, Temecula Medical Park Development Phase 11, G.P
as Principal, and the AMEERICAN MOTORISTS INSL@NCE CO.MP@NY. a corporation or@anizec. and
existing wider the laws of the State of Illinois and authorized to transact surety business in the Sta-e of California
as Surety, are held and firmly bound unto City of Teinecula, as Obliece. in the sum of Twenty ThotLiand &
NO/100ths DOLLARS ($20,000.00)1, for which the pavrient whereof, well ,ind truly to be made, said Principal
and Surety bind themselves, their licirs, administrator-,, successors, and assigns, .,Jointly and severally, firmly by
these presents.
THE Condition of the foregoing obligation is such that, whereas tii-c above bounden Principal has entered into a
contrac,,'agrecinent, dated 11-6-96, with the Obligee to do and perform the following work; to wit:
Drainaze improvement fee for Parcel 3 & a portion of Parcel 4 of Parcel Map 23335.
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void: otherwise to reraain in full force and effect.
SIGNED, SEALED, DATED- November 12,1996
Temecula Medical Park D@l@ent Phase 11, G.P. American Motorists lnsur@e Company
Principal) (Surety)
By: By:
@@,fichiel t. f, Attoi-nev In FL-ct
DIRECT CORRESPONDENCE TO:
LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041
In PHONE (213) 257-8291 o FAX (213) 256-7218
Subdivision Performance Bond -2-12-96.dot
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On NO V before me, Kim Nguyen, Notary Public
NAME,'U['FLE OF OFFICER
personally appeared Michael E. Cundiff
NAME OF SIGNER
Personally known tome -OR- proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that heishe/
they executed the same in his/her/their authorized
capacity(ies), and that by his/heritheir signatures on the
instrument the person(s), or the entity upon behalf of
N --]!
42 which the person(s) acted, executed the instrument.
FOR Nli@
WITNESS my hand and official seal.
(SIGNA'TU'RE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CL D BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
BONDS
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
Z ATTORNEY-FN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Company None
SIGNER OTHER THAN NAMED ABOVE
naTionaL
,nSURan
American Motorists Insurance Companycompanips C.,
Bond Number: 3SM 889 906 00
SUBDIVISION BOND
LABOR & MATERIAL/PAYMENT
KNOW ALL MEN BY THESE PRESENTS: That we. Temecula Medical Park Development Phase 11, G.P.
as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, as Sure@,, are held;and firmly bound
onto City of Temecula as Obli2ee. in the sum of Twentv Thousand & NO/lOoths DOLLARS ($20,000.00)
lawful money of the United States of America, for the pavment of which sum well and truly to be made, We bind
ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, WhereaN, said Principal has entered iito a
Subdivision Agreement with the Obligee. dater 11-6-96 , in which said Principal agrees to construct designated
public improvements, as follows:
Drainage lmi)rovment fee for Parcel 3 & a po_rtion of Parcel 4 of Parcel Map 23335
and, as a condition of approving said Subdivis@oii, the Principal is required to P _,ive Labor and Material Payi-nent
Bond as herein provided.
NOW, T14EREFORE, if said Principal and/or contractor or subcontractor fails to pay for anv materials,
provisions, or rented equipment used in, upon, or for or about the construction of the public improvements for
performance of the work to be done, or any work or labor done of a@,@ kind, in or on such improvements, said
surety will pay the same in anamolnt not exceedin,, the sum set forth above.
This bond sqall insure to the benefit of the contractor, his subcontractors, and to persons T,-Ilting equipment or
furnishing labor and materials to them for the improvements.
SIGN-ED, SEALED, DATED: November 12, 1996
Temecula. Medical Park D cnt Phase 11, G.P. Anerican cc Company
@Principal) (Siiretv)
By@ By:
ae' ff, Attofney In Fact
DIRECT CORRESPONDENCE TO:
LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041
In PHONE (213) 257-8291 * FAX (213) 256-7218
7ubdivision Payment Bond -2-12-96.dot
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On before me, Kim Nguyen, Notary Public
N,,%,'VIE, ]'I'I'LE OF OFFICER
personally appeared Michael E. Cundiff
NAME OF SIGNER
Z Personally known tome -OR- proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/shel
they executed the same in hisiher/their authorized
capacity(ies), and that by hisiheritheir signatures 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.
(SI R , OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATF- OFFICER
BONDS
TITLE(S) TITLE ORTYPEOFDOCUMENT
PARTNER(S) LIMITED ----------- ---
GENERAL NUMBER OF PAGES
Z ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Company None
SIGNER OTHER THAN NAMED ABOVE
American Motorists Insurance Company n@nal
insu
Home Office7 Long Grove, IL 60049 companps
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, (hereinafter called the "Company") a corporation organized and existing under the laws of
the State of llinois, and having its principal office in Long Grove, Illinois, does hereby appoint
Michael E. Cundiff of Orange, California ....................................................
its true and lawful agent(s) and aftorney(s)-in-fact, to make, execute, seal, and deliver dunng the period beginning with the date of issuance of
this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE
MILLION DOLLARS ($1,000,000.00)..............................................................................
EXCEPTION:NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to
all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long
Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 1997
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company
on February 23, 1988 at Chicago, Illinois. a true and accurate copy of which are hereinafter set forth and is hereby certified to by the
undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with
the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on
behalf of the Company, and attach the seal of the Company thereto, t>onds and undertakings, recognizances, contracts of indemnity and
other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed
with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile
an any power of attorney or t>ond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to
be valid and binding upon the Company,"
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers,
this January 1, 1994.
Aftested and Certified:
Robert P. Hames, Secretary by
STATE OF ILLINOIS Ss
COUNTY OF LAKE
American Motorists Insurance Company
@ z @-Y , @
J.S. Kemper, 111, Exec.Vice President
1, Irene Kiewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Hames personally known to me to be the same persons
whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation organized
and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and
severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as
the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
,4 SEAL'
4"M K13wer
4NM" Publit,, S" of Ukms
4my cmm@
My commission expires 1-28-98 Irvlwlwlwlwlwwwlwlwlww Irene Kiewer, Notary Public
rrEI\4 6
APPROVAL
CITY ATTORNEY
FINANCE DIRECQ
CITY MANAGER'J
JF-
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM: Joseph Kicak, Director of Public Works/City Engineer
DATE: December 10, 1996
SUBJECT:Substitute Subdivision Improvement Agreements and Public Improvement
Bonds in Temeku Tracts No. 23371-1 Through 23371-3 (Northeasterly
of Intersection of Rancho California Road and Margarita Road)
PREPARED BY4XRonald J. Parks, Principal Engineer - Land Development
Larry D. Cooley, Assistant Engineer
RECOMMENDATION:
That the City Council accept substitute Subdivision Improvement Agreement and substitute
Securities for Tracts No. 23371-1 through 23371-3 and direct the City Clerk to so advise the
Developer and Sureties.
BACKGROUND:
On December 19, 1995, the City Council authorized release of the Faithful Performance,
Material and Labor, and Monumentation Bonds and riders for Tracts No. 23371-1 through
23371-3, et. al., relating to a change in ownership of the Temeku Project.
Subsequent to the Council authorization for bond releases, the development was sold to:
McMillin Project Services, Inc.
2727 Hoover Avenue
National City, CA 91950
New Subdivision Improvement Agreements for each phase of construction have been executed
by the succeeding developer, and surety bonds have been posted by Insurance Company of the
West in the following amounts, replacing the initial agreements and surety bonds:
1 .Bond No. 149 11 50 in the amount of $1,900,000.00, to cover street, drainage, water
and sewer improvements for faithful performance for the interior streets of Tract No.
23371-1.
2.Bond No. 149 11 50 in the amount of $950,000.00, to cover street, drainage, water
and sewer improvements for labor and materials for the interior streets of Tract No.
23371-1.
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3.Bond No. 149 23 51 in the amount of $21,000.00, for subdivision monumentation of
Tract No. 23371-1.
4.Bond No. 149 23 52 in the amount of $386,000.00, to cover street, drainage, water,
and sewer improvements for faithful performance for the interior streets of Tract No.
23371-2.
5.Bond No. 149 23 52 in the amount of $193,000.00, to cover street, drainage, water,
and sewer improvements for labor and materials for the interior streets of Tract No.
23371-2.
6.Bond No. 149 23 53 in the amount of $19,900.00, for subdivision monumentation of
Tract No. 23371-2.
7.Bond No. 149 23 54 in the amount of $1,864,000.00, to cover street, drainage, water,
and sewer improvements for faithful performance for the interior streets of Tract No.
23371-3A.
8.Bond No.149 23 54 in the amount of $932,000.00, to cover street, drainage, water,
and sewer improvements for labor and materials for the interior streets of Tract No.
23371-3A.
9.Bond No. 149 23 55 in the amount of $4,963.00, for subdivision monumentation of
Tract No. 23371-3A.
10.Bond No. 149 23 56 in the amount of $1,265,000.00, to cover street, drainage, water,
and sewer improvements for faithful performance for the interior streets of Tract No.
23371-3B.
11.Bond No. 149 23 56 in the amount of $632,500.00, to cover street, drainage, water,
and sewer improvements for labor and materials for the interior streets of Tract No.
23371-3B.
12.Bond No. 149 23 57 in the amount of $2,484.00, for subdivision monumentation of
Tract No. 23371-3B.
13.Bond No. 149 23 58 in the amount of $830,000.00, to cover street, drainage, water,
and sewer improvements for faithful performance for the interior streets of Tract No.
23371-3C.
14.Bond No. 149 23 58 in the amount of $415,000.00, to cover street, drainage, water,
and sewer improvements for labor and materials for the interior streets of Tract No.
23371-3C.
1 5.Bond No. 149 23 59 in the amount of $1,620.00, for subdivision monumentation of
Tract No. 23371-3C.
Staffrecommends that the construction completion date be extended to provide the new
developer with sufficient time to complete the required public improvements. This extension
would be to June 10, 1998.
2 lc/rh
The affected streets, although not completed or accepted, are listed as follows:
Tract No. 23371-1: Tee Drive, Flag Way, Canterbury Court and portions of Temeku Drive.
Tract No. 23371-2: Pin Way, Par Way, Colonial Court and Cascades Court.
Tract No. 23371-3: Fore Way, Rough Way, Driver Lane, Honors Drive, Crystalaire Drive,
Brassie Lane, Mashie Way, Balata Drive, Iron Circle, Bunker Drive, Vardon Drive.
FISCAL IMPACT:
None
ATTACHMENTSs
Vicinity Map: Tracts No. 23371-1 and 23371-2
Vicinity Map: Tract No. 23371-3 Phase A
Vicinity Map: Tract No. 23371-3 Phase B
Vicinity Map: Tract No. 23371-3 Phase C
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APPROVAL
CITY ATTORNEY
FINANCE DIRECT
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM: Joseph Kicak, Director of Public Works/City Engineer
DATE: December 10, 1996
SUBJECT:Accept Offers of Dedication for Street, Drainage, Utility and Services
Within Temeku Tracts No. 23371-1 Through 23371-5
PREPARED BY:-XRonald J. Parks, Principal Engineer - Land Development
La rry D. Cooley, Assistant Engineer
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING OFFERS OF DEDICATION FOR PUBLIC
STREET, DRAINAGE, UTILITY AND SERVICES PURPOSES WITHIN
TRACTS NO. 23371-1 THROUGH 23371-5
BACKGROUND:
A Memorandum of Understanding (MOU) was entered into by and between the City of
Temecula (City) and McMillin Project Services, Inc. (McMillin), effective March 27, 1996.
McMillin has purchased the 472 acre portion of Specfic Plan No. 199, Village A, known as
Temeku Country Club (Temeku), with the intent of developing a family-oriented community and
predominantly single-family residences (See attached Location Map: Exhibit "C"). The MOU
provided for, among other things, the conversion of private streets to be dedicated as a part
of the City's public street system. In addition, corresponding sidewalk and utility dedications
will provide for public facilities on both sides of the converted streets.
Attached with the Resolution are Plats (Exhibit 'A") and Legal Descriptions (Exhibit "B") for
street dedications, sidewalk and utility easement dedications for each tract of Tracts No.
23371-1 thru 23371-5. McMillan, as new owner of Temeku, has reviewed the project plans
and legal descriptions and has agreed to dedicate the necessary easements for this project.
The proposed street improvements for Tracts No. 23371-1 thru 23371-5 will not be accepted
into the City maintained street system until all the street improvements have been completed
and accepted by the City Council.
l./,h
FISCAL IMPACT:
None
ATTACHMENTSE
Exhibit "A': Key Maps; Tracts No. 23371-1 through 23371-5
Exhibit "B': Legal Descriptions; Tracts No. 23371-1 through 23371-5
Exhibit "C": Location Map; Tract No. 23371 (Village A: Specific Plan No. 199)
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RIESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMIECULA ACCEPTING OFFERS OF DEDICATION
FOR PUBLIC STREET, DRAINAGE, UTI]LITY AND
SERVICES PURPOSES WITHIN TRACTS NO. 23371-1
THROUGH 23371-5 OF TEMEKU
The City Council of the City of Temecula does resolve, determine and order as follows:
S, private streets and additional sidewalk and utility easements within Village
A of Specific Plan No. 199, otherwise known as "Temeku", as shown in Exhibits "A", "B" and
"C', attached hereto, have been offered for dedication to the City:
, the dedications are easements for street, drainage, utility and public services
purposes and are necessary for the construction of improvements and future acceptance into the
public street system of the City of Temecula.
WHEREAS, the legal descriptions for the dedications are set forth in Exhibit "B",
attached hereto:
NOW, FORE, BE IT RESOLVED by the City Council of the City of Temecula
as follows:
Section 1. That the City of Temecula accepts the offers of dedication within Tracts No.
23371-1 through 23371-5 of Temeku described in Exhibits "A" and "B" attached hereto.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, "PROVED AND ADOPTED, by the City Council of the City of Temecula
at a regular meeting held on the 10th of December, 1996.
Karel F Lindemans, Mayor
ATTEST:
June S. Greek, City Clerk
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[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
1, June S. Greek, City Clerk of the City of Temecula, Califomia, do hereby certify that
Resolution No. 96- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 10th day of December, 1996, by the following
vote:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
ABSTAIN: 0 COUNCILMEMBERS:
EXHIBIT "A"
STREET EASEMENT
TRACT 23371-1, M.B. 216/8-16
All of Lettered Lots "C" through "E", inclusive, and Lots "G" and "H", all of Tract 23371-1, as
shown by map recorded in Book 216 of Maps, at Pages 8 through 16 inclusive, Records of
Riverside County, California.
Subject to all covenants, conditions, rights, reservations, rights of way, and easements, if any, of
record.
See Exhibit "B" attached hereto and by this reference made a part hereof.
Signature
G. @s. 5441
Date:
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EXHIBIT '?A"
STREET EASEMENT
TRACT 23371-2,M.B. 219/18-25
All of Lettered Lots "B" through "E", inclusive of Tract 23371-2, as shown by map recorded in
Book 219 of Maps, at Pages 18 through 25 inclusive, Records of Riverside County, California.
Subject to all covenants, conditions, rights, reservations, rights of way, and easements, if any, of
record.
See Exhibit "B" attached hereto and by this reference made a part hereof.
EXP 9-30@
Signature:
as G. n 5441
Date: /o
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EXHIBIT "A"
STREET EASEMENT
TRACT 23371-3, M.B.222/99-113
All of Lettered Lots "C" through "W", inclusive of Tract 2' )3 71-3, as shown by map recorded in
Book 222 of Maps, at Pages 99 through II 3 inclusive, Records of Riverside County, California.
Subject to all covenants, conditions, rights, reservations, rights of way, and easements, if any, of
record.
See Exhibit "B" attached hereto and bv this reference made a part hereof.
No. 5441
9-30-00
Signature;, as G. Harnn o@S--D-441
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EXHIBIT 44A99
STREET EASEMENT
TRACT 23371-4, M.B. 223/1-9
All of Lettered Lots "A" through "G", inclusive of Tract 23371-4, as shown by map recorded in
Book 223 of Maps, at Pages I through 9 inclusive, Records of Riverside County, California.
Subject to all covenants, conditions, rights, reservations, rights of way, and easements, if any, of
record.
See Exhibit "B" attached hereto and by this reference made a part hereof.
0.
Signature:
homas on, L.S. 5441
Date:
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EXHIBIT "All
STREET EASEMENT
TRACT 23371-5, M.B. 224/50-56
All of Lettered Lots "A" through "E", inclusive of Tract 23371-5, as shown by map recorded in
Book 224 of Maps, at Pages 50 through 56 inclusive, Records of Riverside County, California.
Subject to all covenants, conditions, rights, reservations, rights of way, and easements, if any, of
record.
See Exhibit "B" attached hereto and by this reference made a part hereof.
Signature:
s H S. 5441
Date:
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EXHIBIT 'vAIv
Page I of 4
SIDEWALK AND UTILITY EASEMENT
TRACT 23371-1, M.B. 216/8-16
Portions of Tract 23371-1 as filed in Book 216 Pages 8 through 16 inclusive of Maps, and portions
of Parcel ' ) and Parcel 5 per Amended Parcel Map 21884 as filed in Book 152 pages 22 through ' )I
inclusive of Parcel Maps, all Records of Riverside County, California, located in the City of
Temecula, State of California, more particularly described as follows:
That portion of Lot 25 and Lots 14 through 18 inclusive of said Tract 23')71-1, more particularly
described as follows:
A strip of land 6.00 feet wide, lying Westerly of and adjacent to the Westerly sideline of Lot "D" and
Lot "E" as shown on said Tract 23' ) 71 - 1;
The sidelines of said strip are to be shortened or prolongated to terminate on the Southwesterly line
of said Lot 25 and the Westerly line of said Lot 14 of said Tract 23' ) 7 1 - 1;
TOGETHER WITH
That portion of Lots 9 through 13 inclusive of said Tract 2' ) 7 1 - 1, more particularly described as
follows:
A strip of land 6.00 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline of
Lot "E" as shown on said Tract 2' ) 3 71 - 1;
The sidelines of said strip are to be shortened or prolongated as to terminate on the Westerly line
of said Lot 9 and the Easterlv line of said lot 13;
TOGETHER WITH
That portion of Lots 9 through 17 of said Tract 2') 3 71 - 1, more particularly described as follows:
I
A strip of land 6.00 feet wide, lying Northerlv of and adjacent to the Northerly sideline of Lot "H"
as shown on said Tract 23'@71-1;
EXHIBIT "A"
Page 2 of 4
The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly line of
said Lot 9 and on the Southerly line of said Lot 17;
TOGETHER WITH
That portion of Lot I '@ of said tract 23 3 71 - 1, more particularly described as follows:
A strip of land lying adjacent to and 6.50 feet Northwesterly of and all of said Lot I') lying
Southeasterly of the following described line:
BEGINNING at the Westerly terminus of the 24.00 foot radius curve concave Northwesterly on the
Southerly line of said Lot 13;
THENCE North 65'39'09" East a distance of ' )2.64 feet to the Easterly terminus of said curve and
the POINT OF TERMINATION.
The sidelines of said strip are to be shortened or prolongated as to terminate on the Southerly and
Easterly lines of said Lot 13 of said Tract 23371-1;
TOGETHER WITH
That portion of Lot I 'I of said Tract 23 3 71 - 1, more particularly described as follows:
A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of
Lot "G" as shown on said Tract 23371-1;.
The sidelines of said Strip are to be shortened or prolongated as to terminate perpendicular to the
Easterly terminus of the 24.00 foot radius cur-ve concave Northerly on the Southerly line of said Lot
13 and on the Southerly line of Lot "E" of said Tract 23371-1;
TOGETHER WITH
That portion of Parcel 3 of said Amended Parcel Map 21884, more particularly described as follows:
EXHIBIT '?AT'
Page 3 of 4
A strip of land 2.50 feet wide, lying Northerly of and adjacent to the Northerly sideline of Lot "E"
as shown on said Tract 23371-1;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly line of
said Parcel 3, and on the Northerly line of Lot "F" of said Tract 23371-1;
TOGETHER WITH
That portion of Lots I through 8 and Lots 18 through 24 of said Tract 23' )71 -1, more particularly
described as follows:
A strip of land 2.50 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline of
Lot "H" as shown on said Tract 23371 -1;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly line of
said Lot 8, and on the Northerly line of said Lot 18;
TOGETHER WITH
That portion of Lot 14 said Tract 23 3 71 - 1, more particularly described as follows:
A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of
Lot "G" as shown on said map 23371-1;
The sidelines of said strip are to be shortened or prolonged as to ten-ninate on the Northeasterly line
of Lot "H", and on the Southwesterly line of said Lot "E";
EXHIBIT "A"
Page 4 of 4
EASEMENT ADDITION:
Augmented by an easement 5.00 on both sides of and extending 5.00 feet beyond all street lighting
appurtenances including, but not limited to, pull boxes, poles and guy wires.
Subject to all covenants, conditions, rights, reservations, rights of way and easements if any of
record.
See Exhibit "B" attached hereto and by this reference made a part hereof.
Signature:
Date:
23371swl.lgl
EXP @0-30-00
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EXHIBIT '?AT'
Page I of 5
SIDEWALK AND UTILITY EASEMENT
TRACT 23371-2, M.B. 219/18-25
Portions of Tract 23371-2 as filed in Book 219 Pages 18 through 25 inclusive of Maps , records of
Riverside County, California, located in the City of Temecula, State of California, more particularly
described as follows:
That portion of Lot 39 and Lot 40 of said Tract 23')71-2 more particularly described as follows:
A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of
Lot "E" as shown on said Tract 23371-2;
The sidelines of said strip are to be shortened or prolongated as to terminate on the Easterly line of
sal 'd Lot 40, and on the Southerly line of said Lot '9;
TOGETHER WITH
That portion of Lot 39 of said Tract 23371-2, more particularly described as follows:
A strip of land 6.00 feet wide, Iving Westerly and Southwesterly of and adjacent to the Easterly and
Northeasterly lines of said Lot ' )9 as shown on said Tract 23' )71-2;
The sidelines of said strip are to be shortened or prolongated as to terminate on the Southeasterly line
of Lot "D" of Tract 2')371-1, as filed in Book 216 Pages 8 through 16 inclusive of Maps , records
of Riverside Countv, California, and the Westerly line of Lot "E" per said Tract 23371-2;
TOGETHER WITH
That portion of Lot 37 and Lots 16 through 2 1, inclusive of said Tract 233 71-2, more particularly
described as follows:
A strip of land 6.00 feet wide Iving Westerly of and adjacent to the Westerly sideline of Lot "C" as
shown on said Tract 23-'171-2;
EXHIBIT "All
Page 2 of 5
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly
prolongation of that course on the Southerly line of Lot 21 of said Tract 23371-2 shown as North
4'1 5'00"West 3.50 feet, and the Southeasterly line of Lot ' )7 of said Tract;
TOGETHER WITH
That portion of Lot 16 and a portion of Lot 38 of said Tract 23371-2, more particularly described as
follows:
A strip of land 6.00 feet wide Iving Northerly of and adjacent to the Northerly sideline of Lot "B"
as shown on said Tract 23371-2;
The sidelines of said strip are to be are to be shortened or prolonged as to terminate perpendicular
to the Westerly terminus of the 24.00 foot radius curve concave Northerly on the Southerly line of
said Lot 16, and the Westerly line of said Lot 8;
TOGETHER WITH
That portion of Lot 16 of said Tract 23371-2, more particularly described as follows:
A strip of land lying adjacent to and 8.00 feet Northwesterly of and all of said Lot 16 lying
Southeasterly of the following described line;
BEGINNING at the Westerly terminus of the 24.00 foot radius curve concave Northerlv on the
Southerly line of said Lot 16-,
THENCE North 57'1 1'39" East a distance of '@2.39 feet to the Northerly terminus of said curve and
the POINT OF TERMINATION.
The sidelines of said strip are to be are to be shortened or prolonged as to ten-ninate on the Easterly
and Southerly line of said Lot 16;
1
EXHIBIT t'Alv
Page ') of 5
TOGETHER WITH
That portion of Lot 37 of said Tract 23371-2, more particularly described as follows:
A strip of land 2.50 feet wide lying Southerly of and adjacent to the Southerly sideline of Lot "B"
as shown on said Tract 23371-2;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly line of
Lot "C" as shown on said Tract 23'@71-2, and the Easterly line of Lot "D" of Tract 23')71-1 as
recorded in Book 216 Pages 8 through 16 of Maps said County records;
TOGETHER WITH
That portion of Lots 21 through 36 of said Tract 23' )71-2, more particularly described as follows:
A strip of land 2.50 feet wide lying Northerly, Easterly and Southerly of and adjacent to the
Northerly, Easterly and Southerly sideline of Lot "C" as shown on said Tract 23371-2;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly
prolongation of that course on the Southerly line of Lot @-I of said Tract 2')371-2 shown as North
4'15'00"West 3.50 feet, and the Westerly line of Lot 36 of said Tract 23371-2;
TOGETHER WITH
That portion of Lot 40 of said Tract 23371-2, more particularly described as follows:
A strip of land 2.50 feet wide lying Northerly of and adjacent to the Northerly sideline of Lot "D"
as shown on said Tract 23371-2;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly line of
Lot "E" as shown on said Tract 2' )' ) 71-2, and the Easterly line of Lot "D" of said Tract 23'371 - 1;
EXHIBIT "A"
Page 4 of 5
TOGETHER WITH
That portion of Lots I through 15 inclusive and a portion of Lot 38 of said Tract 23371-2, more
particularly described as follows:
A strip of land 2.50 feet wide lying Northerly, Easterly and Southerly of and adjacent to the
Northerly, Easterly and Southerly sideline of Lot "E" as shown on said Tract 23371-2;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly line of
Lot I of said Tract 23371-2, and the Northerly line of Lot 38 of said Tract 2')371-2;
TOGETHER WITH
That portion of Lots 37 through 40 inclusive and Lot 42 of said Tract 23371-2, more particularly
described as follows:
A strip of land 2.50 feet wide lying Easterly of and adjacent to the Easterly sideline of Lot "D" as
shown on said Tract 23' ) 71 - 1;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly line of
Lot "F" of said Tract 23371-1, and the Northeasterly line of Lot "C" of said Tract 2')371-1;
TOGETHER WITH
That portion of Lot 41 and Lot 42 of said Tract 23371-2, more particularly described as follows:
A strip of land 2.50 feet wide lying Easterly of and adjacent to the Easterly sideline of Lot "C" as
shown on said Tract 23371-1;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Easterly line of Lot
"D" of said Tract 23371-1, and the Northwesterly line of Lot "A" of said Tract 23371-2;
1
EXHIBIT "A"
Page 5 of 5
EASEMENT ADDITION:
Augmented by an easement 5.00 feet wide on both sides of and extending 5.00 feet beyond all street
lighting appurtenances including, but not limited to, pull boxes, poles, and guy wires.
Subject to all covenants, conditions, rights, reservations, rights of way and easements if any of
record.
See Exhibit "B" attached hereto an@by this reference made a part hereof.
Signature:.
Date:
23371sw2.lgl .5441
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"EXHIBIT "A"
Page I of 16
SIDEWALK AND UTILITY EASEMENT
TRACT 23371-3, M.B. 222/99-113
Portions of Tract 23 3 71-3 as filed in Book 222 of Maps, at Pages 99 through II 3 inclusive of
Maps and Portions of Parcel I and Parcel 3 of Amended Parcel Map 21884, as filed in Book 152
Pages 22 through 31 inclusive of Parcel Maps, All Records of Riverside County, California, and
located in the City of Temecula, State of California, more particularly described as follows:
That portion of Lots 10 through 14, inclusive of said Tract 23371-3, more particularly described
as follows:
A strip of land 6.00 feet wide, lying Easterly and Southeasterly of and adjacent to the Easterly
and Southeasterly sideline of Lot "O" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate at a point lying
perpendicular to the Northerly terminus of a 24.00 foot radius curve concave Northeasterly on
the Westerly line of said Lot IO and the Southerly projection of that course on the Northwesterly
line of said Lot 14, said course being North 30'00'00" West 3.50 feet per said Tract 23371
TOGETHER WITH
That portion of Lots I and 10 and Lots 19 through 21 inclusive of said Tract 23371-' ) more
particularly described as follows:
A strip of land being 6.00 feet wide, lying Northerly of and adjacent to the Northerly sideline of
Lot "D" as per said Tract 2' )371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate at the Westerly line of
said Lot 1, and the Southeasterly line of said Lot 21
TOGETHER WITH:
That portion of Lots 15 through 17 inclusive, of said Tract 23371-3 more particularly described
as follows;
"EXHIBIT "A"
Page 2 of 16
A strip of land 6.00 feet wide, lying Northeasterly of and adjacent to the Northeasterly sideline of
Lot "P" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Easterly line of
said Lot 17 and the Westerly line of said Lot 15;
TOGETHER WITH
That portion of Lot 15, of said Tract 23371-3 more particularly described as follows;
A strip of land lying 6.00 feet Easterly of and all of Lot 15 lying Westerly of the following
described line;
BEGINNING at the the Southerly ter-minus of a 24.00 foot radius curve concave Easterly, on the
Westerly line of said Lot 15;
THENCE North 10 0 12'3 5 " West 3 6.41 feet to the terminus of said curve, said point also being
the point of reversing curvature in the Westerly line of said Lot 15 with a tangent 519.00 foot
radius curve concave Northwesterly, a radial bears North 30'25'42" West said point also being
the POINT OF TERMINATION.
The sidelines of said strip are to be shortened or prolonged as to terminate at the Northerly and
Southerly lines of said Lot 15;
TOGETHER WITH
That portion of Lot 15 , of said Tract 23371-3 more particularly described as follows;
A strip of land being 6.00 feet wide, lying Southeasterly of and adjacent to the Southeasterly
sideline of Lot "A" of Tract 23371-4 as filed in Book 223 pages I through 9 inclusive of Maps,
records said county;
The sidelines of said strip are to be shortened or prolonged as to terminate perpendicular to the
Northerly terminus of the 24.00 foot radius curve on the Westerly line of said Lot 15 and on the
Northeasterly line of said Lot 15;.
TOGETHER WITH
That portion of Lot 21 of said Tract 23371-3 more particularly described as follows:
A strip of land being 6.00 feet wide, lying Westerly of and adjacent to the Westerly sideline of
I
"EXHIBIT "A"
Page 3 of 16
Lot "Q" as shown on said map.
The sidelines of said strip are to be shortened or prolonged as to meet the Southerly sideline of
Lot "P" of said Tract 23371-3 and be perpendicular to the Southwesterly terminus of the course
on the Easterly line of said Lot 21 of said Tract 23371-3, said course shown as South 15'00'00"
West 54.10 feet;
TOGETHER WITH
That portion of Lot 21 of said Tract 23371-3, more particularly described as follows:
A strip of land being 8.20 feet wide, lying Northwesterly of and adjacent to the course shown as
North 56'37'26" East 31.88 feet on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolongated as to terminate on the northerly
sideline of Lot "D" and the Easterly line of said Lot 21 of said Tract 23371-3;
TOGETHER WITH
That portion of Lot 10 of said Tract 23371-3 more particularly described as follows:
A strip of land lying 6.5 0 feet Northeasterly of, and all of said Lot IO lying Southwesterly of
the following described line:
BEGINNFNG at a point on the Southwesterly line of said Lot IO, said point being the Southerly
terminus of a 24.00 foot radius curve concave Easterly;
THENCE North 48059'24" West 35.69 feet to a point being the Northerly terminus of said 24.00
foot radius curve, said point also being the POINT OF TERMINATION.
The sidelines of said strip are to be shortened or prolongated as to terminate on the Westerly and
Southerly lines of said Lot 10;
TOGETHER WITH
That portion of Lot 14 and Lots 18 through 21 inclusive of said Tract 23371-3 more particularly
described as follows:
A strip of land 2.50 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline
"EXHIBIT "A"
Page 4 of 16
of Lot "P" of per said Tract 23371-3;
The sidelines of said strip are to be shortened or elongated as to terminate at the Westerly line of
Lot "Q" of said Tract 23371-3 and the Southeasterly line of Lot "O" of said Tract 23371-3;
TOGETHER WITH
That portion of Lots I through 9 inclusive of said Tract 23371-3 more particularly described as
follows:
A strip of land 2.50 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline
of Lot "O" of said Tract 23371-3;
The sidelines of said strip are to be shortened or elongated as to terminate at the Northerly line of
Lot "D" of said Tract 23371-3 and the Northeasterly line of said Lot 9;
TOGETHER WITH
That portion of Lots 61 and 62 and Lots 72 through 81 inclusive of said Tract 23371-3 more
particularly described as follows:
A strip of land 6.00 feet wide, lying Northeasterly of and adjacent to the Northeasterly sideline
of Lot "C" of per said Tract 23' )71-3;
The sidelines of said strip are to be shortened or elongated as to terminate at the Westerly line of
said Lot 81 and the Southeasterly line of said Lot 61;
TOGETHER WITH
That portion of Lots 62 through 65 and Lots 39 through 46 inclusive of said Tract 23371-3 more
particularly described as follows:
A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sidelines
of Lot "S" of said Tract 23371-') and Lot "G" of Tract 23371-4 as filed in Book 223 pages I
through 9 inclusive of maps, Records of said County;
The sidelines of said strip are to be shortened or elongated as to terminate at the Northeasterly
"EXHIBIT "A"
Page 5 of 16
sideline of said Lot "C" of said Tract 23371-3 and the Northerly line of said Lot 46;
TOGETHER WITH
That portion of Lots 66 through 81 inclusive of said Tract 23371-3 more particularly described
as follows:
A strip of land 6.00 feet wide, lying Southerly of and adjacent to the Southerly sideline of Lot
"R" as shown on said Tract 2' )371-3;
The sidelines of said strip are to be shortened or elongated as to terminate radial to the Northerly
terminus of the 24.00 radius curve concave Westerly on the Easterly line of said Lot 66 and the
Easterly sideline of Lot "Q" per said Tract 23371-3;
TOGETHER WITH
That portion of Lots 22 through 38 inclusive of said Tract 23')71-3 more particularly described
as follows:
A strip of land 2.50 feet wide, lying Easterly and Northerly of and adjacent to the Easterly
sideline of Lot "B" as shown on said Tract 23371-4 and the Northerly sideline of Lot "R" as
shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or elongated as to terminate on the Northeasterly
line of said Lot 22 and the Northwesterly sideline of Lot "G" of said Tract 23372-4;
TOGETHER WITH
That portion of Lots 66 through 72 inclusive of said Tract 23371-3, more particularly described
as follows:
A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline
of Lot " S " as shown on said Tract 23 3 71-3;
The sidelines of said strip are to be shortened or elongated as to terminate radial to the Easterly
ten-ninus of the 24.00 foot radius curve concave Northerly on the Southerly line of said Lot 72,
and at the Westerly terminus of the 24.00 foot radius curve concave Westerly on the Easterly line
of said Lot 66 of said Tract 2')371-3;
"EXHIBIT "A"
Page 6 of 16
TOGETHER WITH
That portion of Lot 66 of said Tract 23371-3, more particularly described as follows:
A strip of land lying 6.50 feet Westerly of, and all of said Lot 66 lying Easterly of the following
described line:
BEGINNING at a point being the Southerly terminus of the 24.00 foot radius curve concave
Westerly on the East line of said Lot 66,
THENCE North 07042'16" East 35.44 feet to a point being the Northerly ten-ninus of said curve,
said point also being the POINT OF TERMINATION.
The sidelines of said strip are to be shortened or prolonged as to terminate at the Northeasterly
and Southerly lines of said Lot 66;
TOGETHER WITH
That portion of Lot 72 of said Tract 23 3 71 more particularly described as follows:
A strip of land lying 8.00 feet Northerly of, and all of said Lot 72, lying Southerly of the
following described line:
BEGINNING at a point being the Easterly terminus of a 24.00 foot radius curve concave
Northerly on the South line of said Lot 72;
THENCE South 8703010011 West 32.43 feet to the Westerly terminus of said curve and the
POINT OF TERMINATION.
The sidelines of said strip are to be shortened or elongated as to terminate at the Easterly and
Southwesterly lines of said Lot 72;
TOGETHER WITH
That portion of Lot 38 of said Tract 23371-3, more particularly described as follows:
The Southeasterly 6.00 feet of said Lot 38, lying Northwesterly of and adjacent to Lot "G" of
said Tract 2'@'@71-4;
"EXHIBIT "A"
Page 7 of 16
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northeasterly
line of said Tract 23371-3 and the Northwesterly prolongation of the course on the Southeasterly
Line of said Lot 3 8, shown as North 45 '03'1 3 " West 3.5 0 feet;
TOGETHER WITH
That portion of Lots 39 through 46 inclusive and Lots 62 through 65 inclusive of said Tract
23371-3, more particularly described as follows:
A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline
of Lot "U" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Easterly line of
said Lot 46 and Southeasterly line of said 62;
TOGETHER WITH
That portion of Lot 39 of said Tract 23371-3, more particularly described as follows:
A strip of land 6.00 feet wide, lying Easterly of and adjacent to the Easterly sideline of Lot "T" as
shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or elongated as to terminate on the Southeasterly
sideline of Lot "S" of said Tract 23371-3 and radial to the Northerly terminus of the 24.00 foot
radius curve concave Northerly on the Southwesterly line of said Lot 39;
TOGETHER WITH
That portion of Lot 3 9 of said Tract 23' )71-3, more particularly described as follows:
A strip of land lying 7.00 feet Northerly of, and all of said Lot 39 lying Southerly of the
following described line:
BEGINNING at a point being the Easterly terminus of a 24.00 foot radius curve concave
Northerly on the Southerly line of said Lot ' )9;
1
"EXHIBIT "A"
Page 8 of 16
THENCE North 67'45'00" West 34.67 feet to the Westerly terminus of said curve and the
POINT OF TERMINATION.
The sidelines of said strip are to be shortened or elongated as to terminate at the Westerly and
Southerly lines of said Lot 39;
TOGETHER WITH
That portion of Lots 140 through 147 inclusive of said Tract 23371-3 more particularly
described as follows:
A strip of land 6.00 feet wide, lying Northerly and Northeasterly of and adjacent to the Northerly
and Northeasterly sideline of Lot "N" as shown on said Tract 23'@71-3;
The sidelines of said strip are to be shortened or elongated as to terminate on the Southerly
sideline of Lot "D" of said Tract 23371-3 and the Southeasterly line of said Lot 140;
TOGETHER WITH
That portion of Lots 91 through 98 inclusive per said Tract 23371-3 more particularly described
as follows:
A strip of land 6.00 feet wide, lying Northerly and Easterly of and adjacent to the Northerly and
Easterly sideline of Lot "K" and Lot "J" per said Tract 23371-3;
The sidelines of said strip are to be shortened or elongated as to terminate at the Northerly
prolongation of the course on Southerly line of said Lot 98, shown as North 17'30'00" West 3.50
feet and on the Westerly sideline of Lot "M" of said Tract;
TOGETHER WITH
Those portions of Lots 102 through 105 inclusive and Lots 126 through I' ) 5 inclusive of said
Tract 23371-3, and a portion of Parcel I and Parcel 3, of said Amended Parcel Map 21884 more
particularly described as follows:
I
Strips of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of
Lots "H" and "V" as shown on said Tract 23371
"EXHIBIT "A"
Page 9 of 16
The sidelines of said strips are to be shortened or prolonged as to terminate on the Northerly
sideline of Lot "G" of said Tract 23371-3, and radial to the Southerly terminus of the 24.00 foot
radius curve compound Northwesterly on the Southeasterly line of said Lot 105, and on the
Easterly sideline of Lot "I" of said Tract 23371-3, and the Southwesterly sideline of Lot "C" of
'd Tract 23371-3;
sal
TOGETHER WITH
That portion of Lot 105 of said Tract 23371-3 more particularly described as follows:
A strip of land lying 7.50 feet Westerly of, and all of said Lot 105 lying Easterly of the
following described line:
BEGINNING at the Southerly terminus of the 24.00 foot radius curve concave Westerly on the
Easterly line of said Lot 105;
THENCE North 22'15'00" East 33.94 feet to the Northerly terminus of said curve and the
POINT OF TERMINATION.
The sidelines of said strip are to be shortened or prolonged as to terminate on the Easterly and
Southerly lines of said Lot 105 of said Tract 23371-3;
TOGETHER WITH
That portion of Lot 105 of said Tract 23371-3 more particularly described as follows:
A strip of land 6.00 feet wide, lying Westerly of and adjacent to the Westerly sideline of Lot "I"
of said Tract 23 3 71 -' );
The sidelines of said strip are to be shortened or elongated as to terminate at the Westerly
prolongation of that course on the Easterly line of said Lot 105 shown as North 67' 1 5'00" East
3.5 0 feet on said Tract 23 3 71 -' ) and radial to the Northerly terminus of the 24.00 foot radius
curve compound Westerly on the Easterly line of said Lot 105;
TOGETHER WITH
That portion of Lots 13 8 and 13 9 of said Tract 23 3 71-3 more particularly described as follows:
"EXHIBIT "A"
Page 10 of 16
A strip of land 6.00 feet wide, lying Northeasterly of and adjacent to the Northeasterly sideline
of Lot "M" of said Tract 23371-3;
The sidelines of said strip are to be shortened or elongated as to terminate at the Northwesterly
line of said Lot 139 and radial to the Westerly terminus of the 24.00 foot radius curve concave
Northerly on the Westerly line of said Lot 138;
TOGETHER WITH
That portion of Lots 136 through 138 inclusive of said Tract 23371-3 more particularly
described as follows:
A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline
of Lot "L" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or elongated as to terminate on the Southeasterly
line of said Lot 136, and radial to the Easterly terminus of the 24.00 foot radius curve concave
Northerly on the Southerly line of said Lot 138;
TOGETHER WITH
That portion of Lot 138 of said Tract 23371-3 more particularly described as follows:
A strip of land lying 8.00 feet Northeasterly of, and all of said Lot 138 lying Southwesterly of
the following described line:
BEGINNING at a point being the Easterly terminus of the 24.00 foot radius curve concave
Northerly on the Southerly line of said Lot 138;
THENCE North 65 0 0 1'09" West ' )4.71 feet to the Westerly terminus of said curve and the
POINT OF TERMINATION.
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southeasterly
and Southwesterly line of said Lot 138;
1
"EXHIBIT "A"
Page I I of 16
TOGETHER WITH
That portion of Parcel I of said Amended Parcel Map 21884 more particularly described as
follows:
A strip of land being 6.00 feet wide, lying Northerly of and adjacent to the Northerly sideline of
Lot "E" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or elongated as to terminate on the Easterly sideline
of the MWD fee Right of Way lying parallel to Margarita Road as shown on Record of Survey
recorded in Book 70 Pages 85 through 95, Said County records, and the Westerly line of Lot 120
of said Tract 23371-4 as filed in Book 223 of Maps, at Pages I through 9 inclusive of Maps,
records of said county;
TOGETHER WITH
That portion of Parcel I and Parcel 3 of said Amended Parcel Map 21884 more particularly
described as follows:
A strip of land being 2.50 feet wide, lying Southerly of and adjacent to the Southerly sideline of
Lot "E" as shown on said Tract 2' ) 3 71-3;
The sidelines of said strip are to be shortened or elongated as to terminate on the Easterly sideline
of the M@ fee Right of Way lying parallel to Margarita Road as shown on Record of Survey
recorded in Book 70 Pages 85 through 95, Said County records, and the Westerly line of Lot 82
of said Tract 23371-3;
TOGETHER WITH
That portion of Lots 148, and 165 through 167 inclusive of said Tract 23')71-3 more
particularly described as follows:
A strip of land 2.50 feet wide, lying Southerly of and adjacent to the Southerly sideline of
Lettered Lot "F" and Lot "G" as shown on said Tract 23371-'3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly
sideline of Lot "W" of said Tract 23 3 71 -'I, and the Northerly line of Lot 148 of Tract 2'@ 3 71-3,
"EXHIBIT "A"
Page 12 of 16
TOGETHER WITH
That portion of Lots 149 through 164 inclusive and Lot 169 of said Tract 23371-3, and Parcel I
as shown on said Amended Parcel Map 21884, more particularly described as follows:
A strip of land 2.50 feet wide, lying Northerly of and adjacent to the Northerly sideline of Lot "F"
and Lot "G" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly
sideline of Lot "C" of said Tract 23371-3, and the Southwesterly line of said Lot 149;
TOGETHER WITH
That portion of Lot 165 of said Tract 23371-3, more particularly described as follows:
A strip of land being 17.00 feet wide, lying Southwesterly of and adjacent to the Southwesterly
sideline of Lot " C " as shown on said Tract 23 3 71 - 1;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southeasterly
sideline of Lot "W" of said Tract 23-'171-3, and Northwesterly Sideline of Lot "A" of said Tract
2'1371-3;
TOGETHER WITH
That portion of Lot 165 of said Tract 23 71-3 more particularly described as follows:
A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of
Lot " W" as shown on said Tract 23 3 71 -' );
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southeasterly
sideline of Lot "F" of said Tract 23371-3, and the Southwesterly line of Lot "C" of said Tract
23')71-1;
TOGETHER WITH
That portion of Lot 169 and Lots 106 through 125 inclusive of said Tract 23371-3 more
particularly described as follows:
"EXHIBIT "A"
Page 13 of 16
A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of
Lot "H" and Lot "V" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly
sideline of Lot "G" of said Tract 23371-3, and the Southwesterly sideline of Lot "C" of said Tract
23371-3;
TOGETHER WITH
That portion of Lot 125 and Lot 169 of said Tract 23371-3 more particularly described as
follows:
A strip of land 2.50 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline
of Lot "C" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southeasterly
sideline of Lot "H" of said Tract 23371-3, and the Northwesterly sideline of Lot "F" of Tract
2'@371-3;
TOGETHER WITH
That portion of Lot 126 of said Tract 23371-3 more particularly described as follows:
A strip of land 2.50 feet wide, lying Easterly of and adjacent to the Easterly sideline of Lot "I" as
shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly
sideline of Lot "V" of said Tract 23371-3, and the Southeasterly sideline of Lot "K" of said Tract
23371-3;
TOGETHER WTTH
That portion of Lots 98 through 105 inclusive of said Tract 23371-3 more particularly
described as follows:
A strip of land 2.50 feet wide, lying Southwesterly and Southerly of and adjacent to the
Southwesterly and Southerly sideline of Lot "J" as shown on said Tract 23 37 1 --' );
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly
"EXHIBIT "A"
Page 14 of 16
projection of that course on the Southerly line of said Lot 98 shown as North 17'30'00"
West3.50 feet, and the Westerly sideline of Lot "I" of said Tract 23371-3;
TOGETHER WITH
That portion of Lots 126 through 135 inclusive of said Tract 23371-3 more particularly
described as follows:
A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of
Lot "K" and Lot "L" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Easterly
sideline of Lot "I" of said Tract 23' )71-3, and the Northwesterly line of said Lot 135;
TOGETHER WITH
That portion of Lot 82, Lots 139 through 147 inclusive, Lot 136 and Lot 135, all of said Tract
23371-3 more particularly described as follows:
A strip of land 2.50 feet wide, lying Southerly of and adjacent to the Southerly sideline of Lot
"D," and Lot "C" all as shown on said Tract 23-'171-3;
The sidelines of said strip are to be shortened or prolonged as to ten-ninate on the Westerly line of
said Lot 82, and the Northwesterly sideline of Lot "V" of Tract 23371-3;
TOGETHER WITH
That portion of Lots 82 through 91 inclusive of said Tract 233 7 1 more particularly described
as follows:
A strip of land 2.50 feet wide, lying Westerly and Southwesterly of and adjacent to the Westerly
and Southwesterly sideline of Lot "N" and Lot "M" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly
sideline of Lot "D" of said Tract 23-' )71-3, and the Northerly sideline of Lot "K" of Tract 23371 -
3;
"EXHIBIT "A"
Page 15 of 16
TOGETHER WITH
That portion of Lot 81 said Tract 23371-3 more particularly described as follows:
A strip of land 2.50 feet wide, lying Easterly of and adjacent to the Easterly sideline of Lot "Q"
as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly
sideline of Lot "R" of said Tract 23371-3, and the Northerly sideline of Lot "C" of Tract 23371-3;
TOGETHER WITH
That portion of Lot 65 of said Tract 23371-3 more particularly described as follows:
A strip of land 2.50 feet wide, lying Westerly of and adjacent to the Westerly sideline of Lot "T"
as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly
sideline of Lot "S" of said Tract 23371-3, and the Northerly sideline of Lot "U" of Tract 23371-3;
TOGETHER WITH
That portion of Lots 47 through 61 inclusive of said Tract 23371-3 more particularly described
as follows:
A strip of land 2.50 feet wide, lying Easterly, Southerly, and Westerly of and adjacent to the
Easterly, Southerly, and Westerly sideline of Lot "U" as shown on said Tract 23'371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northwesterly
sideline of said Lot 61 and the Westerly sideline of said Lot 47;
1
"EXHIBIT "A"
Page 16 of 16
EASEMENT ADDITION:
Augmented by an easement 5.00 feet wide on both sides of and extending 5.00 feet beyond all
street lighting appurtenances including, but not limited to, pull boxes, poles, and guy wires.
Subject to all covenants, conditions, rights, reservations, rights of way and easements if any of
record.
See Exhibit "B" attached hereto and by this reference made a part hereof.
Signatur
Date:
2337]sw3.lgl
............ .
.....................................................
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EXHIBIT '?Atv
Page I of 6
SIDEWALK AND UTILITY EASEMENT
TRACT 23371-4, M.B. 223/1-9
Portions of Tract 23371-4 as filed in Book 223 pages I through 9 inclusive of maps, Records of
Riverside County, California, located in the City of Temecula, State of California, more particularly
described as follows:
That portion of Lot 28, Lot 29 and Lots 33 through 50 inclusive of said Tract 23371-4, more
particularly described as follows:
A strip of land 6.00 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of
Lot "A" per said Tract 23371-4;
The sidelines of said strip are to be shortened or prolongated as to terminate on the Southwesterly
line of said Lot 50 and at the Northerly line of said Lot 28;
TOGETHER WITH
That portion of Lot 51 through 66 inclusive, of said Tract 23371-4, more particularly described as
follows:
A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of
Lot "B " as shown on said Tract 23 3 71-4, and Northwesterly of and adj acent to the Northwesterly
sideline of Lot "Q" as shown on Tract 23'371-3 as filed in Book 222 pages 99 through II 3 inclusive
of maps, Records of said County, and Northerly of and adjacent to the Northerly sideline of Lot "P"
as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly line of
said Lot 51 and at the Southwesterly sideline of Lot "C" per said Tract 23371-4;
TOGETHER WITH
That portion of Lot ' )4, Lot 66, Lot 67 and Lots 105 through 107 inclusive of said Tract 2'1' )71-4,
more particularly described as follows:
A strip of land 6.00 feet wide tving Southwesterly of and adjacent to the Southwesterly sideline of
EXHIBIT "A"
Page 2 of 6
Lots "C" and "D" as shown on said Tract 23371-4;
The sidelines of said strip are to be shortened or prolonged as to terminate at a point lying radial to
the Easterly terminus of the 24.00 foot radius curve concave Southerly on the Northeasterly line of
said Lot 34, and perpendicular to the Easterly terminus of the course shown as North 36'41'14" West
26.25feet on the Easterly line of said Lot 107;
TOGETHER WITH
That portion of Lots 71 through 75 inclusive, as shown on said Tract 23371-4, more particularly
described as follows:
A strip of land 6.00 feet wide, lying Northerly of and adjacent to the Northerly sideline of Lot "E"
as shown on said Tract 23371-4;
The sidelines of said strip are to be shortened or elongated as to terminate on the Easterly sideline
of Lot "B" of said Tract 23371-4, and at the Southeasterly line of said Lot 75;
TOGETHER WITH
That portion of Lots 76 through 83 inclusive, as shown on said Tract 23')71-4, more particularly
described as follows:
A strip of land 2.50 feet wide, lying Southerly of and adjacent to the Southerly sideline of Lot "E"
as shown on said Tract 23371-4;
The sidelines of said strip are to be shortened or elongated as to terminate on the Easterly sideline
of Lot "B" of said Tract 23371-4, and at the Northerly line of said Lot 76;
TOGETHER WITH
That portion of Lots 84 through 92 inclusive, as shown on said Tract 23' )71-4, more particularly
described as follows:
A strip of land 6.00 feet wide, lying Northerly of and adjacent to the Northerly sideline of Lot "F"
as shown on said Tract 23371-4;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southeasterly
I
EXHIBIT "A"
Page 3 of 6
sideline of Lot "B" of said Tract 23371-4, and at the Southeasterly line of said Lot 92;
TOGETHER WITH
That portion of Lots 9' ) through 104 inclusive, as shown on said Tract 23 3 71-4, more particularly
described as follows:
A strip of land 2.50 feet wide, lying Southerly and Southeasterly of and adjacent to the Southerly
sidelines of Lot "E" and Southeasterly line of Lot "B" of said Tract 23371-4;
The sidelines of said strip are to be shortened or elongated as to terminate on the Southwesterly line
of Lot 104 of said Tract 23371-4, and on the Northeasterly line of said Lot 93;
TOGETHER WITH
That portion of Lot 34 as shown on said Tract 23371-4, more particularly described as follows:
A strip of land 7.00 feet wide lying Southwesterly of and adjacent to, and all of said lot 34 lying
Northeasterly of, the following described line;
BEGINNING at the Easterly terminus of the 24.00 foot radius curve concave Southerly on the
Easterly line of said Lot 34;
THENCE North 60'36'22" West a distance of 35.02 feet to a point being the Westerly terminus of
said curve and the POINT OF TERMINATION.
The sidelines of said strip are to be shortened or prolonged as to terminate on Easterly and Northerly
lines of said Lot 34.
TOGETHER WITH
That portion of Lot 66 of said Tract 2' )371-4,more particularly described as follows:
A strip of land 8.50 feet wide Lying Westerly of and adjacent to, and all of said Lot 66 lying Easterly
of the following described line:
BEGINNING at the Southerly terminus of the 24.00 foot radius curve concave Westerly on the
Southeasterly line of said Lot 66;
EXHIBIT "All
Page 4 of 6
THENCE North 08'20'44" East a distance of 31.64 feet to the Northerly terminus of said curve and
the POINT OF TERMINATION.
The sidelines of said strip are to be shortened or prolonged as to terminate on Southeasterly and
Northeasterly lines of said Lot 66.
TOGETHER WITH
That portion of Lot 51 of said Tract 23371-4, more particularly described as follows:
A strip of land 8.50 feet wide Lying Northerly of and adjacent to, and all of said Lot 51 lying
Southerly of the following described line;
BEGINNING at a point on the Southerly line of said Lot 51 of said Tract 23371-4, said point also
being Westerly terminus of a 24.00 foot radius curve concave Northerly;
THENCE North 66'40'37" East a distance of 31.70 feet to the Easterly Terminus of said curve and
the POINT OF TERMINATION.
The sidelines of said strip are to be shortened or prolongated as to terminate on Southwesterly and
Southeasterly lines of said Lot 5 1.
TOGETHER WITH
That portion of Lot 119 of said Tract 23371-4, more particularly described as follows:
A 6.00 foot wide strip of land lying Northwesterly of and adjacent to the Northwesterly sideline of
Lot "G" as shown on said Tract 2-')371-4;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southwesterly line
of said Lot II 9 and on the Southerly sideline of Lot "D" of said Tract 23 371-4;
TOGETHER WITH
That portion of Lot 120 of said Tract 23' )71-4, more particularly described as follows:
A 6.00 foot wide strip of land lying Northwesterly of and adjacent to the Northwesterly sideline of
Lot "E" of said Tract 23371-');
EXHIBIT "A"
Page 5 of 6
The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly and
Easterly lines of said Lot 120;
TOGETHER WITH
That portion of Lots I through 27 inclusive, as shown on said Tract 23371-4, more particularly
described as follows:
A strip of land 2.50 feet wide, lying Northwesterly of and adjacent to the Northwesterly sidelines of
Lot "A" as shown on said Tract 23371-4, and Lot "O" as shown on said Tract 23371-3;
The sidelines of said strip are to be shortened or elongated as to terminate on the Southwesterly line
of said Lot 1, and at the Southerly line of said Lot 27;
TOGETHER WITH
That portion of Lots 30 through 3' ) inclusive, as shown on said Tract 23' )71-4, more particularly
described as follows:
A strip of land 2.50 feet wide, lying Northeasterly of and adjacent to the Northeasterly sideline of
Lot "C" as shown on said Tract 23' )71-4;
The sidelines of said strip are to be shortened or elongated as to terminate on the Southerly sideline
of Lot "A" of said Tract 23371-4, and at the Southeasterly line of said Lot 30;
TOGETHER WITH
That portion of Lot 83, Lot 84 and Lots 67 through 71 inclusive, all as shown on said Tract 23371-4,
more particularly described as follows:
A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of
Lot "B" as shown on said Tract 23371-4;
The sidelines of said strip are to be shortened or elongated as to terminate on the Southwesterly
sideline of Lot "C" of said Tract 23-'171-4, and at the Northeasterly sideline of Lot "F" of said Tract
3 71 -4;
EXHIBIT "All
Page 6 of 6
TOGETHER WITH
That portion of Lots 107 through 1 19 inclusive, as shown on said Tract 23 3 71-4, more particularly
described as follows:
A strip of land 2.50 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline of
Lot "D" as shown on said Tract 23371-4;
The sidelines of said strip are to be shortened or elongated as to terminate on the Southerly sideline
of Lot "C" of said Tract 23371-4, and on the Westerly sideline of Lot "G" of said Tract 23371-4;
EASEMENT ADDITION:
Augmented by an easement 5.00 feet on both sides of and extending 5.00 feet beyond all street
lighting appurtenances including, but not limited to, poles, pull boxes and guy wires.
Subject to all covenants, conditions, rights, reservations, rights of way and easements if any of
record.
See Exhibit "B" attach rence made a part hereof.
Signatui
Date: o. 541
23371 sw4.lgl
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EXHIBIT "A"
Page I of 6
SIDEWALK AND UTILITY EASEMENT
TRACT 23371-5, M.B. 224/50-56
Portions of 23371-5 as filed in Book 224 pages 50 through 56 inclusive of Maps, Records of
Riverside County, California, located in the City of Temecula, State of California, more particularly
described as follows:
That portion of Lots 26, 27, 48 and 49 of said Tract 23371-5, more particularly described as follows:
A strip of land 6.00 feet wide, lying Easterly of and adjacent to the Easterly sideline of Lot "D" as
shown on Tract 23371-4 as filed in Book 223 pages I through 9 inclusive of Maps, Records of said
county;
The sidelines of said strip are to be shortened or prolongated as to terminate radial to the
Northeasterly comer of Lot "D" of said Tract 23371-4, said radial bears North 72'26'55" West per
said Tract 23371-4, and terminate radial to the Westerly terminus of the 24.00 foot radius curve
concave Northerly on the Southerly Line of said Lot 49 of said Tract 23' )71-5;
TOGETHER WITH
That portion of Lots 69 through 74 inclusive of said Tract 23'371-5, more particularly described as
follows:
A 6.00 foot wide strip of land, lying Southerly of and adjacent to the Southerly sideline of Lot "A"
as shown on said Tract 23371-5;
The Sidelines of said strip are to be shortened or elongated as to terminate on the Northerly line of
said Lot 74 and the Northerly line of said lot 69.
TOGETHER WITH
That portion of Lot 74 of said Tract 23371-5, more particularly described as follows:
A 2.50 foot wide strip of land, lying Southeasterly of and adjacent to the Southeasterly sideline of
Lot "G" as shown on said Tract 23371-4;
1
EXHIBIT IlAt'
Page 2 of 6
The Sidelines of said strip are to be shortened or elongated as to terminate on the Southerly line of
said Lot 74 and the Southerly line of Lot "A" of said Tract 23371-5.
TOGETHER WITH
That portion of Lots 63 through 68 inclusive of said Tract 23371-5, more particularly described as
follows:
A 2.50 foot wide strip of land, lying Northerly of and adjacent to the Northerly sideline of Lot "A"
as shown on said Tract 23371-5 and Lot "D" as shown on said Tract 23371-4;
The Sidelines of said strip are to be shortened or elongated as to terminate on the Easterly sideline
of Lot "B" of said Tract 23371-5, and the Southerly line of said lot 68.
TOGETHER WITH
That portion of Lots 49 through 55 inclusive of said Tract 23-'171-5 more particularly described as
follows:
A 6.00 foot wide strip of land lying Northerly and Westerly of and adjacent to the Northerly and
Westerly sideline of Lot "B" as shown on said Tract 23371-5;
The sidelines of said strip are to be shortened or prolonged as to terminate radial to the Easterly
terminus of a 24.00 foot Radius curve concave Northerly on the South line of said Lot 49 and on the
Northerly prolongation of the course along Lot "B" and Lot 55 shown as North 3'21'48" East 3.50
feet on said Tract 2'@371-5;
TOGETHER WITH
That portion of Lots 35 through 48 inclusive of said Tract 23371-5, more particularly described as
follows:
A 6.00 foot wide strip of land lying Southeasterly, Easterly and Northerly of and adjacent to the
Southeasterly, Easterly and Northerly sideline of Lot "C" of said Tract 2')371-5;
The sidelines of said strip are to be shortened or prolongated as to terminate on the Westerly line of
I
EXHIBIT "A"
Page 3 of 6
said Lot 48 and at the Southwesterly line of said Lot 35.
TOGETHER WITH
That portion of Lots 16 through 26 inclusive of said Tract 23371-5, more particularly described as
follows:
A 6.00 foot wide strip of land lying Southeasterly and Easterly of and adjacent to the Southeasterly
and Easterly sideline of Lot "D" of said Tract 23371-5;
The sidelines of said strip are to be shortened or prolongated to terminate radial to the most
Southerly comer of said Lot "D" and on the Northwesterly line of said Lot 16;
TOGETHER WITH
That portion of Lots 4 through 8 inclusive of said Tract 23371-5, more particularly described as
follows:
A 6.00 foot wide strip of land lying Southwesterly, Westerly and Northwesterly of and adjacent to
the Southwesterly, Westerly and Northwesterly sideline of Lot "E" of said Tract 23371-5;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northwesterly
sideline of Lot "D" of said Tract 23371-5, and at the Easterly line of said Lot 8.
TOGETHER WITH
That portion of said Lot 49 of Tract 23371-5, more particularly described as follows:
A strip of land lying adjacent to and 6.50 feet Northerly of, and all of said Lot 49 lying Southerly of,
the following described line:
BEGINNING at the Easterly terminus of a 24.00 foot radius curve concave Northerly on the
Southerlv line of said Lot 49;
1
THENCE South 88'1 3'1 3" West 35.28 feet to the Westerly terminus of said curve and the POINT
OF TERMINATION.
EXHIBIT "A"
Page 4 of 6
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly and
Westerly lines of said Lot 49;
TOGETHER WITH
That portion of Lot 48 of said Tract 23371-5, more particularly described as follows:
A 7.00 foot wide strip of land lying Easterly of and adjacent to, and all of said Lot 48 lying Westerly
of, the following described line:
BEGINNING at the Southerly terminus of a 24.00 foot radius curve concave Easterly on the
Westerly line, of said Lot 48;
THENCE North 26'57'24" East 38.71 feet to the Northeasterly terminus of said 24.00 foot radius
curve, and the POINT OF TERMINATION.
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly and
Westerly lines of said Lot 48;
TOGETHER WITH
That portion of Lot 75 of said Tract 23371-5, more particularly described as follows:
A 6.00 foot wide strip of land lying Westerly and Northerly of and adjacent to Lot "D" of Tract
23 3 71 -1 as filed in Book 216 pages 8 through 16 inclusive of Maps, said County and Lot " W" and
Lot "C" of Tract 23371-3 as filed in Book 222 pages 99 through 113 inclusive of Maps, said
County;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Southwesterly line
of Lot 25 of said Tract 23371-1, and the Southeasterly line of Lot 61 of said Tract 2')371-3;
TOGETHER WITH
That portion of Lot 75 of said Tract 23371-5, more particularly described as follows:
A 6.00 foot wide strip of land lying Southerly of and adjacent to Lot "E" of said Tract 23371-1;
1
EXHIBIT "All
Page 5 of 6
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northwesterly line
of Lot 75 of said Tract 23371-5 and the Westerly line of Lot 9 of said Tract 23371-1;
TOGETHER WITH
That portion of Lot 75 of said Tract 23371-5, more particularly described as follows:
A 6.00 foot wide strip of land lying Northwesterly of and adjacent to Lot "H" of said Tract 23371 - 1;
The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly line of
Lot 8 of said Tract 23 3 71 -1 and the Westerly line of Lot 9 of said Tract 23 3 71 - 1;
TOGETHER WITH
That portion of Lots I through 4 inclusive of said Tract 23371-5, more particularly described as
follows:
A 2.50 foot wide strip of land, lying Northwesterly of and adjacent to the Northwesterly sideline of
lettered Lot "D" as shown on said Tract 23371-5 and lying Northerly of and adjacent to the Northerly
sidelines of Lot "C" and Lot "D" of Tract 23371-4 as filed in Book 223, pages I through 9 inclusive
of Maps of said County;
The Sidelines of said strip are to be shortened or elongated as to terminate on the Northwesterly line
of said Lot I and the Southwesterly sideline of Lot "E" of said Tract 23371-5.
TOGETHER WITH
That portion of Lots 9 through 15 inclusive of said Tract 23' )71-5, more particularly described as
follows:
A 2.50 foot wide strip of land, lying Northeasterly and Northwesterly of and adjacent to the
Northeasterly and Northwesterly sidelines of Lot "E" and Lot "D" of said Tract 23371-5;
The Sidelines of said strip are to be shortened or elongated as to terminate on the Westerly line of
sal 'd Lot 9 and the Southeasterly line of said lot 15;
EXHIBIT "A"
Page 6 of 6
TOGETHER WITH
That portion of Lots 27 through 34 inclusive of said Tract 23371-5, more particularly described as
follows:
A 2.50 foot wide strip of land, lying Northwesterly of and adjacent to the Northwesterly sideline of
Lot "C" as shown on said Tract 23371-5;
The Sidelines of said strip are to be shortened or elongated as to terminate on the Westerly line of
said Lot 27 and the Northeasterly line of said lot 34;
TOGETHER WITH
That portion of Lots 55 through 63 inclusive of said Tract 23371-5, more particularly described as
follows:
A 2.50 foot wide strip of land, lying Easterly and Southerly of and adjacent to the Easterly and
Southerly sideline of Lot "B" as shown on said Tract 23371-5;
The Sidelines of said strip are to be shortened or elongated as to terminate on the Northeasterly
sideline of Lot "D" as shown on said Tract 23371-4 and on the Northerly prolongation of the course
ontheSoutherlylineofsaidLot55 shownasNorth')'21'48"East3.50feetonsaidTract23371-5;
EASEMENT ADDITION:
Augmented by an easement 5.00 feet on both sides of and extending 5.00 feet beyond all street
lighting appurtenances including, but not limited to, pull boxes, poles and guy wires.
Subject to all covenants, conditions, rights, reservations, rights of way and easements if any of
record.
See Exhibit "B" attached hereto and by this refer
Signature@
Date: @
23371 sw5.lgl
e made a part hereof
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EXHIBrr "C"
Tracts No. 23371
ViHage A: Specific Plan No. 199
(Location Map)
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LOCATION MAP
N.T.S.
ITEI\4 8
APPROVAL
CITY ATTOF
FINANCE DII
CITY MANA
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM: Joseph Kicak, Director of Public Works/City Engineer
DATE: December 10, 1996
SUBJECT:Accept Public Improvements in Tract No. 21675-5. (Northwesterly of
intersection of Meadows Parkway at Rancho Vista Road)
PREPARED BY: Ronald J. Parks, Principal Engineer - Land Development
Albert Crisp, Permit Engineer
RECOMMENDATION:
City Council ACCEPT the Public Improvements in Tract No 21675-5, AUTHORIZE the 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 Traffic Signalization Mitigation
security, ACCEPT substitute securities for Faithful Performance Warranty and Labor and
Materials, and DIRECT the City Clerk to so advise the Developer and Sureties.
BACKGROUND:
On September 1 9, 1989, the Riverside County Board of Supervisors entered into subdivision
agreements with:
Mesa Homes (Now KI/FKLA Rancho Realty, LLC)
27555 Ynez Road, Suite 200
Temecula, CA 92591
for the improvement of streets, installation of sewer and water systems, and subdivision
monumentation. Accompanying the subdivision agreements were surety bonds posted posted
by Lumbermens Mutual Casualty Company in the following amounts:
1 . Bond No. 3S 687 501 00 in the amount of $581,000 to cover street improvements
2.Bond No. 3S 687 502 00 in the amount of $137,000 to cover water improvements.
3.Bond No. 3S 687 503 00 in the amount of $101,000 to cover sewer improvements.
4..Bond No. 3S 687 504 00 In the amount of $23,000 to cover subdivision
monumentation.
R:kAGDRYr\96\ 1 21 O\TR216755.ACC
4.Bond No's. 3S 687 501 00, 3S 687 502 00, and 3S 687 503 00 in the amounts of
$290,000, $68,500, and $ 50,500, respectively, to cover materials and labor.
On December 17, 1991, the City Council authorized reduction in faithful performance bond
amounts consistent with the work completed and providing ten-percent (10%) warranty
provisions. The faithful performance bond amounts were reduced as follows:
Streets: $430,000
Water: $109,000
Sewer: $ 80,800
The faithful performance bond amounts retained were as follows:
Streets: $151,000
Water: $ 27,400
Sewer: $ 20,200
The work has now been completed and 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 security amounts to
the ten-percent warranty level, and initiation of the one-year warranty period.
Therefore it is appropriate to reduce the Faithful Performance securities to the following
warranty amounts:
Street: $58,100
Water: $13,700
Sewer: $10,100
Total = $81,900
The Developer has submitted substitute bonds for faithful performance warranty security and
labor and materials. The bonds have been posted by the Aetna Casualty & Surety Co. as
follows:
Faithful Performance Warranty Bond No. 100869980-96-069 $ 81,900
Labor and Materials Bond No. 100869980-96-068 $409,500
The subdivision monumentation requirements have been met, and Staff therefore recommends
release of the following security:
Subdivision Monumentation Bond No. 3S 687 504 00 in the amount of $23,000
The affected streets are being accepted into the City Maintained-Street System by City Council
Resolution No. 96- at this time. The streets within the subdivision to be accepted are Corte
Padrera, and portions of Paseo Goleta, and Rancho Vista Road.
FISCAL IMPACT:
None
Attachments:
Location Map
Substitute Securities (On file)
R:\AGDRPT\96\ 1 2 1 O\TR216755.ACC
viCINITY MAP
@AOO
Tract No. 21
Location ap
NOTE: MAPS NOT TO SCALE
EI\4 9
APPROVAL
CITY ATTOF
FINANCE DII
CITY MANA,
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM: Joseph Kicak, Director of Public Works/City Engineer
DATE: December 10, 1996
SUBJECT:Acceptance of Public Streets into the City Maintained-Street System
(Within Tract No. 21675-5). (Westerly of the intersection of Rancho Vista
Road at Meadows Parkway)
PREPARED BY:Ronald J. Parks, Principal Engineer - Land Development
Albert K. Crisp, Permit Engineer
RECOMMENDATION:
City Council adopt a resolution entitled:
RESOLUTION NO. 96--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE
CITY MAINTAINED-STREET SYSTEM, (WITHIN TRACT NO.
21675-5)
BACKGROUND:
The Riverside County Board of Supervisors approved Tract No. 21675-5 on September 19,
1989, and entered into Subdivision Agreements for construction of street, water and sewer
improvements with Mesa Homes (Now KI/FKLA Rancho Realty, LLC).
The City Council accepted the public improvements for this tract on December 10, 1996.
The public streets now being accepted by this action are Corte Padrera, and portions of Paseo
Goleta and Rancho Vista Road.
FISCAL IMPACTO
Periodic surface and/or structural maintenance will be required every 5 to 8 years.
Attachmentw
Resolution No. 96- with Exhibits "A-B", inclusive.
R:\AGDRYr\96\1210\TR216755.MST
RIESOLUTION NO. 96-
A RESOLUTTON OF THE CITY COUNC]IL OF THE CITY
OF CULA ACCEPTING CERTAIN PUBLIC STREETS
INTO THE CITY MAINT STREET SYSTEM (W]RMIN
TRACT NO. 21675-5)
THE CITY COUNCIIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
AS, The Riverside County Board of Supervisors accepted offer of dedication of
certain lots for public road and public utility purposes made by Mesa Homes (Now KI/FY.LA
Rancho Realty, LLC), with the recordation of Tract Map No. 21675-5; and,
WHEREAS, The City of Temecula accepted the improvements within Tract No 21675-5
on December 10, 1996.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Temecula hereby accepts into the City Maintained-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.
PASSED, APPROVED, AND ADOP=, by the City Council of the City of Temecula
at a regular meeting held on the 10th day of December, 1996.
Karel F. Lindemans, Mayor
ATTEST:
June S. Greek, City Clerk
R:\AGDRYr\96\1210\TR216755.MST
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 96- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meefing thereof held on the 10th day of December, 1996, by the following
vote:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
ABSTAIN: 0 COUNCILMEMBERS:
R:\AGDRPT\96\1210\TR216755.MST
EXHIBIT "A" TO RESOLUTION NO. 96-
Accepting the public streets offered to and accepted by the City
of Temecula as indicated on Tract Map No. 21675-5, and
accepting subject public streets into the City Maintained-Street
System as described below:
Those lots described as Lots "A" through "C" inclusive, as
shown on Tract Map No. 21675-5, riled 20 September 1989, in
Book 207 of Maps, Pgs 55-62 Incl., further described as
follows:
Lot "A" Portion of Rancho Vista Road
Lot "B" Portion of Paseo Goleta
Lot "C" Corte Padrera
R:\AGDRP'r\96\1210\TR216755.MST
EXHIBIT "B" TO RESOLUTION NO. 96-
SUBJECT ACCEPTANCE -PUBLIC STREETS INTO THE CITY
MAINTAINED-STREET SYSTEM AS INDICATED BELOW:
VICINITY MAP
LEGE-ND
OR PORTIONS OF
TO BE ACCEP= INTO C=-
MAINTAINED STREET SY=M
NOTE:MAPS NOT TO SCALE
ITE I 0
APPROVAL
CITY ATTORNEY
FINANCE OFFICRR
CITY MANAGER,@,@
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM: Joseph Kicak, Director of Public Works/City Engineer
DATE: December 10, 1996
SUBJECT:Release Grading Bonds in Tracts No. 24131 and 24136 (Southwesterly
of intersection of Meadows Parkway at Pauba Road)
PREPARED BY:Ronald J. Parks, Principal Engineer - Land Development
Albert K. Crisp, Permit Engineer
RECOMMENDATION:
That the City Council AUTHORIZE the release of Grading Bonds in Tracts No. 24131 and
24136, and DIRECT the City Clerk to so notify the Developer and Surety.
BACKGROUND:
The Riverside County Building Director entered into Agreements for Grading Project for rough
grading of Tract No. 24136 on or about March 9, 1990, and for rough grading of Tract 24131
on or about March 12, 1990, with:
Bedford Development Company
Bonds for these projects were posted by Lumbermens Mutual Casualty Company as follows:
Bond No. 3S 741 390 00 in the amount of $786,500, to cover rough grading in Tract
No.24136.
Bond No. 3S 741 384 00 in the amount of $ 1,000,000, to cover rough grading in Tracts
No. 24131-1, 2, and 3.
Riverside County Department of Building and Safety transferred the inspection responsibilities
to the City of Temecula in 1 990, and transmitted the several grading bonds for these projects
to the City at the request of the developer in order to complete the processing of release of the
subject bonds. Staff has completed inspection and final review of the rough grading and
recommends that the City Council authorize the release of the bonds noted above.
FISCAL IMPACT:
None
Attachmentsn
Location Map
Grading Bonds (on File)
R:\AGDRPT\96\1210\TR241316.GRD
PROJECT SITES
VICINITY MAP
FUGHWAY 79
Tracts N!u. 2413
Locati
NQTE:MAPS NOT TO SCALE
ITEI\4 11
APPROVAL
CITY ATTORNEY
FINANCE DIRECT
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM: CL Joseph Kicak, Director of Public Works/City Engineer
DATE: December 10, 1996
SUBJECT:Acceptance of Public Streets into the City Maintained-Street System
(Within Tract No. 24134-1). (Southeasterly of intersection of Margarita
Road at Pauba Road)
PREPARED BY:Ronald J. Parks, Principal Engineer - Land Development
Albert K. Crisp, Permit Engineer
RECOMMENDATION:
City Council adopt a resolution entitled:
RESOLUTION NO. 967-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE
CITY MAINTAINED-STREET SYSTEM, (WITHIN TRACT NO.
24134-1)
BACKGROUND:
The City Council approved Tract No. 24134-1 on April 9, 1991, and entered into Subdivision
Improvement Agreements for construction of street and drainage, and water and sewer
improvements with Bedford Development Company (Now KIIFKLA Rancho Realty, LLC).
The City Council accepted the public improvements for this tract on December 10, 1996, and
initiated the faithful performance warranty period.
The public streets now being accepted by this action are as follows:
Cala Rosso, Via Campanario, Corte Siero, Corte Cabello, Corte Abanilla, and portions of
Via Rami, Amarita Way, and Pauba Road.,
FISCAL IMPACT:
Periodic surface and/or structural maintenance will be required every 5 to 8 years.
Attachmentsa
Resolution No. 96- with Exhibits "A-B", inclusive.
R:\AGDRPT\96\1210\TR241341.MST
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIIL OF THE CITY
OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS
INTO THE CITY STREET SYSTFAL (W]RMIN
TRACTS NO. 24134-1)
THE CrrY COUNCIIL OF THE CrrY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
WHEREAS, The City of Temecula accepted offer of dedication of certain lots for public
road and public utility purposes made by Bedford Development Company, a California
Corporation (Now KI/FKLA Rancho Realty, LLC), with the recordation of Tract Map No.
24134-1;and,
S, The City of Temecula accepted the improvements within Tract No 24134-1
on December 10, 1996.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Temecula hereby accepts into the City Maintained-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.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
at a regular meeting held on the 10th day of December, 1996.
Karel F. Lindemans, Mayor
ATTEST:
June S. Greek, City Clerk
R:\AGDRYr\96\1210\TR241341.MST
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE Ss
CITY OF TEMECULA
1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 96- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 10th day of December, 1996, by the following
vote:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
ABSTAIN: 0 COUNCILMEMBERS:
R:\AGDRPT\96\ 12 1 O\TR24134 L.MST
EXHIBIT "A" TO RESOLUTION NO. 96-
Accepting the public streets offered to and accepted by the City
of Temecula as indicated on Tract Map No. 24134-1, and
accepting subject public streets into the City Maintained-Street
System as described below:
Those lots described as Lots "A" through "G" inclusive, as
shown on Tract Map No. 24134-1, riled 18 April 1991, in Book
230 of Maps, Pgs 84-92 Incl., further described as follows:
Lot "A"Portion of Pauba Road
Lot "B"Portion of Via Rami
Lot liciiPortion of Amarita Way
Lot "D"Cala Rosso and Via Campanario
Lot "E"Corte Siero
Lot "F"Corte Cabello
Lot "G"Corte Abanilla
R:\AGDRVr\96\121ONTR241341.MST
EXHILBIT "B" TO RESOLUTION NO. 96-
SUBJECT ACCEPTANCE -PUBLIC STREETS INTO THE CITY
MAINTAINED-STREET SYSTEM AS INDICATED BELOW:
PROJECT
ICINITY MAP
NOTE: MAPS NOT TO SCALE
LEGE-@ND
OR pOR'nONS OF @FM
-rO BF- ACCEP= INTO C=-
@TAINPD STREET SYSTF-M
I ITEld 12
1
APPROVAL
CITY ATTOF
FINANCE DII
CITY MANA
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM:Lt- Joseph Kicak, Director of Public Works/City Engineer
DATE: December 10, 1996
SUBJECT:Accept Public Improvements in Tract No. 24134-1. (Southeasterly of
intersection of Pauba Road at Margarita Road)
PREPARED BY: @# Ronald J. Parks, Principal Engineer - Land Development
49Albert Crisp, Permit Engineer
RECOMMENDATION:
City Council ACCEPT the Public Improvements in Tract No 24134-1, AUTHORIZE the initiation
of the one-year warranty period, reduction of the Faithful Performance Street and drainage,
and Water and Sewer security amounts and release the Traffic Signalization Mitigation security,
ACCEPT substitute securities for Faithful Performance Warranty and Labor and Materials, and
DIRECT the City Clerk to so advise the Developer and Sureties.
BACKGROUND:
On April 9, the City Council approved Tract Map No. 24134-1, and entered into subdivision
agreements with:
Bedford Development Company, a California Corporation
(Now KI/FKLA Rancho Realty, LLC)
for the improvement of streets and drainage, installation of sewer and water systems,
subdivision monumentation and traffic signalization mitigation fees. Accompanying the
subdivision agreements were Instruments of Credit posted by Butterfield Financial Corporation
in the following amounts:
1.$901,500 ($623,000, $146,500, and $132,000, respectively) to cover faithful
performance for streets and drainage, and water and sewer improvements.
2.$451,000 ($311,500, $73,500, and $66,000, respectively) to cover labor and materials
for streets and drainage, and water and sewer improvements.
3.$27,500 to cover subdivision monumentation.
4.$12,750 to cover traffic signalization mitigation fees.
R:\AGDRPT\96\1210\TR241341.ACC
On June 1 1, 1 991, the City Council accepted substitute Instruments of Credit for the Faithful
Performance and Labor and Materials securities. Subsequent to the recordation of Tract No.
24131-1, it was discovered that the developers engineer had overestimated the construction
costs for street and storm drain improvements by $112,500. The resulting revised security
amounts were as follows:
1. $789,000 ($510,500, $146,500, and $132,000, respectively) to cover faithful
performance for revised street and drainage costs, and original water and sewer costs.
2. $395,000 ($255,500, $73,500, and $66,000, respectively) to cover labor and material
for revised street and drainage costs, and original water and sewer costs.
Staff has inspected and verified the public improvements. 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 security
amounts to the ten-percent warranty level, and initiation of the one-year warranty period.
Therefore it is appropriate to reduce the Faithful Performance security amount as follows:
Streets, water and sewer improvements $710,100
The Faithful Performance warranty security amount will be maintained in the following amount:
Streets, water, and sewer improvements $ 78,900
The developer has submitted substitute securities bonds in the appropriate amounts, with the
Aetna Casualty and Surety Company as surety, as follows:
Bond No. 100869980-96-041 in the amount of $78,900 for faithful performance
warranty.
Bond No. 100869980-96-041 in the amount of $395,000 for labor and materials.
The subdivision monumentation documents are being reviewed and Staff will recommend the
release of the monumentation security when all conditions are met.
The developer has paid all traffic signalization mitigation fees, and Staff recommends release
of the following security:
Instrument of Credit for Subdivision in the amount of $27,500.
The affected streets are being accepted into the City Maintained-Street System by City Council
Resolution No. 96- at this time. The streets within the subdivision to be accepted are Cala
Rosso, Via Campanario, Corte Siero, Corte Cabello, Corte Abanilla, and portions of Amarita
Way, Via Rami, and Pauba Road.
FISCAL IMPACT:
None
ATTACHMENTS:
Location Map
Substitute Securities (On file)
R:NAGDRPT%96\1210\TR241341.ACC
JECT
VICINITY MAP
Project Site
Tract No. 24134--l
Location MaiD-
NOTE: MAPS NOT TO SCALE
ITEI\4 13
APPROV
CITY ATTORNEY
DIRECTOR OF FINANEE
ITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:City Manager/City Council
FROM:Shawn D. Nelson, Director of Community Services
DATE:December 10, 1 996
SUBJECT:Park Improvement Agreement/Crowne Hill - Tract 23143
PREPARED BY: ti@eryl Yasinosky, Development Services Analyst
RECOMMENDATION:That the City Council:
1Approve the First Amendment of the Parks Improvement Agreement with Taylor
Woodrow - Crowne Hill/Tract 23143.
2.Direct the City Clerk to record the Agreement.
DISCUSSION:Located on the southeastly corner of Butterfield Stage Road and
Pauba Road, Tract No. 23143 (Crowne Hill) has been approved for a 459 acre subdivision
consisting of 1,123 residential units. Although Tract No. 23143-1 recorded several years ago,
the property is currently vacant and unimproved. Pursuant to the original conditions of
approval and letter agreements for Tract No. 23143, Taylor Woodrow was required to dedicate
two (2) neighborhood parks to the City, as follows:
1 .Park Site "A", a 6 acre park at the northeasterly corner of the project, prior to the
issuance of the 250th building permit.
2.Park Site "F", a 4.2 acre park at the southeasterly corner of the project, prior to
the issuance of the 950th building permit.
On October 14, 1 996, Taylor Woodrow received Planning Director approval of a rephasing map
for Tracts No. 23143-2 through -5, which indicates that the future subdivision improvements
are anticipated to commence within the southerly portion of the project, adjacent to Park Site
"F". In order to increase flexibility with the phasing plan, and provide park benefits to the then
current residents within the subdivision, staff finds it necessary to defer the decision regarding
which of the two park sites will be developed first.
As a result,Taylor Woodrow has entered into an amended agreement with the City for
development of the public park sites in accordance with the following requirements:
1Prior to the 1 50th building permit, determine if Park Site "A" or Park Site "F" will
be the initial park to be developed.
r: \yasinobk\ci-nhilpk.agr 121096
2.Obtain all necessary approvals relating to the design of the initial park.
1
3.Post the appropriate bonds and record a final map for the agreed upon park site.
4.Prior to the issuance of the 250th building permit, dedicate a fully improved park
to the City.
The amended agreement also serves to approve and ratify previous letter agreements with
Taylor Woodrow pertaining to the aforementioned park sites and the designation and
maintenance of open space areas and slopes. The terms of the agreement are deemed to be
covenants running with the land for the benefit of the City and shall be binding with Taylor
Woodrow and theirsuccessors in interest. A copy of the agreement is provided for your
review.
FISCAL IMPACT:None. The purpose of the agreement is to ensure that a park
facility is provided in a timely manner for the initial residents
within the development.
ATTACHMENTS:Amended Park Agreement.
Y: \yam inobk\cmhilpk. agr 121096
RECORDED AT THE REQUEST OF
AND'W-HEN RECORDED R-ETUR-,N TO:
Cit-v of Temecula
23174 Business Park Drive
P.O. Box 90'@3
Temecula, CA 92-@89-90')3
E@NPT FROM RECORDER'S FEES
Pursuant to Government Code
Sections 61 O' ) and 27' ) 8' )
FIRST A-LNMiNDMMiNT OF P@
@ROVEMTNT
AGREE,NfEiNT BY AND BETWEEN CrrY OF TE@CULA
AIND TAYLOR WOODROW FOR THE CROWNE @L
PROJECT - TENTATIVE TRACT 23143
This First Amendment of Parks Improvement A-reement is made and
entered into as O' 1996 by and between the City of Temecula (the
44ci@)) and Tavlo@'dr$ow H@ California, Ltd., a California Corporation ("Taylor
Woodrow"). In consideration of the mutual covenants and promises made herein, the parties
hereto age-- as follows:
I . This First Amendment is made with respect to the following facts which
each party acknowledges as true and correct:
0
A. Taylor Woodrow is developina a residential project known as
Tentative Tract 1-3143, which is le-aily described on Exhibit A, attached hereto
and 'incorporated herein bv this reference. The approved Conditions of
Approval for this tract map provide that, amono, other things, Park Site "A" shall
be fullv developed and offered for dedication to the Citv of Temecula prior to
issuance of the 2.@Otli buildin2 permit. and that Park Site "F" shall be fully
developed and offered to dedication to the Cltv of Temecula prior to issuance of
the 950th building permit.
B. A letter -,i@reement dated June 2'), 199'-? by and between the Citv and
]",ivlor @'oodi-o@,,- provides,,,Iiiioti- other tlilii,-,s. foi- the dtsl,,,ii-,ited p@i7ks to be
developed in accordance N%-itti Temecula Commu.In'tv Services District in effect
at the time of the execution of a letter a2reement pertaining to development of
the park sites and provides for the designation and maintenance of open space
areas and slopes. A true correct ard complete copy of the June 2'), 1992 letter
agreement is attached as Eyh'bit B and incorporated herein as though set forth in
full.
C. A letter agreement dated September 1992 by and between the
Citv and Taylor Woodrow @er requires, arnonc, other things, that Park Site
"A" shall be developed to Temecula Community Services District standards
prior to the 250th buildinc, permit, Park Site "F" shall be developed to Temecula
Community Services District standards prior to the 950th building permit, and
Taylor Woodrow Homes shall post bonds and obtain improvement plan
approval for the park sites prior to issuance of the I st building permit. A true
correct and complete copy of the September 22, 1992 letter @eement is
attached as Exhibit C and incorporated herein as though set forth in full.
D.In order to increase flexibility for the phased development of Tract
2' ) 14-'), both the City and Taylor Woodrow Homes desire to defer the decision
regardin-whether Park Site "A" or Park Site "F" will be the initial park site to
be improved for @s project.
E. For the convenience of the parties, the June 23, 1992 letter
agreement and the September 22, 1992 letter agreement shall be collectively
designated as the "Parks Improvement Ageement." The City Council of the
City of Temecula hereby approves and ratifies the June 2' ), 1992 letter
agreement and the September 22, 1992 letter agreement as of the dates thereof.
2.Priortotheissuanceofanygradincpen-nitforTract2314'@,oranyphase
thereof, TaylorWoodrow, or its successors in interest. shall desi2n, submit, and obtain
approval of theDirector of Plannin,, for a mitigation monitoring plan that shall, amon2
other thincs, require Tav[or Woodrow to mom'tor the cumulative number of buildinc,
permits issued for the project.
3. Prior to the one hundredth fiftieth buildinj permit, Taylor Woodrow. or 'its
successors ffi interest, shall:
A. Jointly Determine -,@,ith the Cltv ConniLin't@ Sc.@-ices T)ep,--rtiiieiit
which of the park sites will be de%-eloped first based upon the relative bepefits to
then current residents of Tract 2-', 1
B. Submit to the City Plannin- Department for consideration and
approval a phasinc, plan for Tract 23143 that will designate either Park Site '@A@'
or Park Site "F" as the initial park site to be developed in Tract 2') 143 as acyreed
upon,with the Commu@tv Services Deparunent;
C. Des'cn the landscaping, par@c, and amenities for the initial park
site, obtain all necessary approvals for the design of such park site, obtain a
performance bond and labor and material bond in the amount of fifty percent of
the estimated cost of construction of the park in favor of the City, and record a
@ map for the agreed upon initial park site.
4. Prior the to the two hundred fiftieth 250th buildin- permit, Tavlor Woodrow
Homes, or its successors in interest, shall construct, improve, and offer the initial park site
for dedication to the Temecula Community Services District in accordance with the plans
approved by the City.
5. Taylor Woodrow agrees, on behalf of itself and its successors in interest,
that the City shall not be required to (1) issue any buildino, permits in excess of 150 until
such time as the requirements of Paragraph have been fully complied with as determined
by the City Manacer and (2) issue any building permits in excess of 250 until such time as
the requirements of Paragraph 4 have been fully complied with as determined by the City
Manager.
6. The covenants which have been established pursuant to this Agreement (the
"Covenants") shall be deemed to be covenants runninc, with the land for the benefit of the
City 'in carrvinc, out its statutory responsibilities under Califo@a Subdivision Map Act and
the laws pertaining to plannina and zonina and to carry out the specific conditions of
approvalofTract2')14'). TheCovenantsshallbebindinaforthebenefitoftlieCityandits
successors and assi--ns, and such Covenants shall run in favor of the Cltv for the entire
period dun'n2 which such covenants shall be in force and effect, without retiard to whether
the City is or remains an owner of anv land or interest therein to which such Covenants
relate. The City is deemed the beneficiary of the terms -and provisions of this Aareement
and of the Covenants runnmcr with the land, for and 'in its own rights and for the purposes of
protecting the interests of the conuuuiu'ty and for those whose benefit this A,,reement and
the covenants riinniii!z with the and have been pi-o,.,Ided.
7. All of the terms, covenants and conditions of this Acreement shall be
bindinc, upon Tavior Woodrow and its successors and assiqns. Tavlor Woodrow shall
notifv, in writin(y. any prospective purchaser of the Tract '-)'j 143, or any part thereof, of the
existence of @ A-reement and shall provide them with a copy of this Aareement. Taylor
Woodrow shall remain liable for the development of the Park in accordance with this
Ac,reement unless and until an assignment and assumption aoteement, approved by the Citv
Manac,er, is duly approved and entered into between Tavlor Woodrow and anv prospective
purchaser describing the transfer of the obticrations of this Agreement. Whenever the term
"Taylor Woodrov;" is used in this Agreement, such term shah include any other lawfully
permitted successors and assigns as herein provided.
IN WITINESS @REOF, the parties have caused this First Amendment to
Park Improvement Agreement be executed by their duly authorized representatives as of the
date first written above.
CITY OF TEMECULA
Karel Lindemans
Mayor
ATTEST:
June S. Greek
City Clerk
APPROVED AS TO FORNI-.
Peter M. Thorson
City Attorney
r
TAYLOLZ WOODROW H I lifomia, Ltd.,
a Califo Lia Corporation
BY:
President A
By.
,4"t6,@ Secre@
G Pl.@\
M E
STATE OF CALIFORNIA Iss.
COUNTY OF yi
0 q, I c(c) before me, At ichele- L-e&r ii 5
P( peared@@(---@a&j @p@
personally known to me
Mh"asis-of-satisfactory-evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that @e/they executed the same
in @er/their authorized capacity(ies), and that by r/their signatures 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
A 19"
(This area for official notarial seal)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008 (1/94) (General)
First American Title Insurance Company
ALL-PURPOSE ACKiNO'vVLEDG@NIENT
State of California
Count,v of (D-r@ n
On 4vc-@c4,,4 1996, before me, (/VI d(s personally
appeared@-/A i heeto @u@(ZO
personally known to me -OR-
proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s)i@ubscribed to the within instrument and acknowledged to me that
he/ executed the same in hi authorized capacity(ies), and that
by hi signature(@on the instrument the person(,s), or the entity upon
behalf of which the person@acted, executed the instrument.
Witness my hand and official seal.
R.
C*M 0
c OF NO
@JM4.1
CAPACITY C
BY SIGNER
INDFVIDUAL(S)
OFFICER(S) (-E i
PAR@I -ER(S)
ATTO@NEY-f.N-FACT
TRUSTEE(S)
SUBSC@BriNG WITINESS
GUAPD@N/CONSERVATOR
CHAIRPERSON@YOR
OTHER
SIGNER IS REPRESEN'FI-LNG:
k@ [\,(-,.@l'!IDil,'T,%Y%@'OOD ['I.-\
6
E@XMBIT A
LEGAL-DESCRIPTIOTN OF THE PROPERTY
THE LAIND REFERRED TO IS SITUATED riN THE UNINCORPORATED AREA OF
THE COUNTY OF PDVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS
FOLLOWS:
PARCELS 1 THROUGH 6, INCLUSIVE, TOGETHER WITH LE=RED LOTS A
THROUGH G, INCLUSIVE. AS SHOWN BY PARCEL MAP 22429, ON FILE IN
BOOK 147 PAGES 14 THROUGH 19, OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
EXHIBIT B
City c-l' Temec:'J;la
@la,-,r.ina Decar-L,-,n e ,I I
BLsiness Far k Drive
Te.,necL,,Ia, C
A7,,en-zior,:Saled Naasei-,, Case Planner
SUBJR-CT:REVISED V=-S-ilNG T-=N-IA-iIVE l@Ct- MAP NO. 7-1143
AMENE)ED NO. 4
I ne Temecula Community Services Deparanent
condiTiori-S as set forth in the County of Riverside, C'rty of Temecula Conditions of
Approval and recor,-imends that The City Council APPROVE Revised Ve@ng Ten@.=Zive
Tracz No. 23143, Amended No. 4, subject m the Deveioper of 'bis assignee
conforming To The TCSD O-uirnby Ordinance Number 4eC.-c3 as follows:
Ordinance No. 460.33 (Cluimby) requires the dedication of 13-30 acres of developed,
active recreation area. 7ne proposed private park land represents 14.0 acres, of
which 7.0 acres will be applied as a credit towards the dedication requirement, leaving
a 6.3 balancp of required park land to be dedicated-
With respect to the appficznt designating park land in excess of the auimby
requirement, s4-aff has made allowances for the improvemen-c of said park sites to be
deferred to the la-ter @, gF-,; of deveiapmen-c for this project.
7ne 6 acre park currently identified as 'Fark Site A' shall be identified on The
tinal map by lot nurnder, 'Indexed to identify said lot number as the proocsed
public park, and sL'Iali be fuliv developed to TCSD s-,andards and o,,ered 'tor
G . edic@-ricn prior -Lo -,,;ie ;ss-Ljz!nce of -..he 25@h build'Lr-.g perriiit.
as 'Park @-ITe 7" shall be lderi-ci-r-ied on T,'ie
lcer-,-Li,-y Sal--4 lo-, -,urnber as -Ln e c) r --.c c s e,-',
public .:3ar@, ;:,id scroll be I:uiiy deveiope@- tc 7C@-,D and ot@.erer.'
dedic=- -L 'Icn prior To ihe issuance of ihe 950,-n builiting per@-.ii-L .
3.Prior to thp recor-ul=_zion ozi The Final Map, -Lhe appiic3n-L or his assignee shall
execuz= a ci aor@-3men- v,/iz.-) -.rie Teme--t-ilp, Co@,@.,-,n!Ty Service@
Deps.-Lm, ent (TCSD) Tc ir-r@--rcve -L@'-ie propos-2a . pt-,bilc par@,s in accorda,-I--- v,'Iz.--
T,--SD s-,znd2r@-s =--, !'nine C. @-X ior., zi--,, mark cur:)csz-s.
-%Z:; I A @ CA
43i,-4
T-ne 4.2 ac.-e par@
gir-,al r7.2:D by Ic-7 num, :)er, indexe@- -rc
(I-C:So) has reviewed The
e
::7 C C -
C. PS
@=rk C' ('C)Z are corsider=d
7,P-,-K C P-'-l Z'71 e C 2 S
be -rjv=--Le cary-sand s@Iall be mair,-,aineo . by an Hor.-,e C-Wners
ssoc';2-Licn (HC
II additional coens;3ace areas sA'-Iali be -,.ain-Lain@. by an es-,abiished @c,,-,e
Owners Assoc.-a-Lic)n (;-iC Open soace a,-==s idenzfied as L-@-z@ 'i 088 =r,(t
ICS3 -,,ay be cl@tere,-4 i@or dedi@-,cjon to ziie C,@ ol- Tem, ecl:iz for -,,ain-canarce
purc)cses only I;cllowtrc cor,-iciiance'lo ex.,@,ing TCI-ZD standards and comolez'lori
c-1; an- appiicz-Lion orocess.
6.Exzerior slopes (as detained as: Tnose slopes contiguous to public streets that
have a width of 66' or area-Eer), shall be offered for ded@on to the City of
Temecula for maintenance purposes following compliance -to TC:SD standards
and completion of the -ppii@-don process. All other slopes shall be Maintained
by an es-,ab@hed Hor,-ie Owners Assoc@ztion (HOA).
7.@,.erior slopes, which border a proposed Community Park, s'nall be identified
by a lot number separate from the park site. 7nis lot shall terminate with the
lot line of said park site. Slope areas that are contiguous -to this lot shall be
identified by a separate lot number.
8.All. proposed slopes. oden space, park land and recreational -a-ails intended -lor
dedication to the C'rLy OT'-i emecula for mairttenance purposes shall be identified
on-Lhe Final Map by numbered lots, with the square footage OT Said lot numbers
indexed as proposed TCSD Maintenance areas.
pl@.nt shall no@ TCSI)
Prior -to the executon of the Letter of Acreemerrc, Ap
s-,aff of any chances in lot numbers, acreage, nur,-iber of dwellings proposed,
or any other chanaes that will ei"leci the current conditions in any way.
All questions recardina the meaning of the conditions shall be referred to thp
T-2mec:uia Comrnuni-,y Services Depar-Lmer,,- s-,a,@L
tnc
9
-ii Serv'ces
EY
EXHIBIT C
=oiey
Ad IZL a
T=yic)r Woodrow Homes CP-ii--Omia L-ID-
3sg 1 Macar-,hur Boulevard
Newpor-, Beach, Cali-l:or,-iia 92660
R L=:AGR=-MEIN-i TO CONDMONS FOR t@AC-iS 23143 AS SE i-Lc: OR L7,@
BF:l OW:
Dear Mr. r,-Oley-
CSD) Sta have reviewed
inetemecula Cori iiuniLyServices Deodi a i ienl
-lie TCSD con(ii-ions -or approval an'd -econ, m, end --na-L @e CiL Council
u
AP@RC)V-c T,-ac-L N o-. 2314-3 subjec-c -La -@-ie Subdivide,- or his assignee
en-rarina in-co an agreemer-r, @ TCSO -:a contorm -Lo The -,Olio@na:
J_ Par!<Si-Le'A'whichco@@@ol-'aS.OacraDarkiocz-Ledwi-Lhin Tr-ac-LNo.
r%
23113 sl"I;Bll be develooed -Lo TCSD @@ndards and -Li-ie ar,-,,ched conceo-Lu2f
Mee-
L all A i@ A C-
PN L L
design and merican @ Dis;-b (ADA) requirements, p,
-zo -L,ie issuance of--Lhe 250th building perr-,iit.
2..@ark Si-Le 'I@' v\,hich cons7s-Ls ol- a 41.?- acre car.< loc=--,-ed wiz,iin Trac,- No.
3't 13 si@tall be develooe,@4 zo Tr--SD s-L;-zndar-is -nd zhm- concez)-Luai
I D A
d-s:cn and m, am--7 ;-211 @-equir2m. an-Ls, crior e o,- -L.
Spec;-,ICZ-Liors -or
54"iall consis-, oi- -Lilicse
z:v;aii;zbie -L,@rcuoh i;-ie -following vendor-:
'00
A
on ivi
and 3 ccncass. =nd a!
SCU;=,-e Te@-71
0 0
usc:o I
iic:-@119plar, St lall SC)ec::,-v t-le L!@-e at m
-I IL;
Lai:) LiChL@l,@ c a n iy)
S.To -date, all known ir-,-Lerior slope ar,=-as are hereby condi-dcned -Lo be
0 A). @Lerior
riiain-cained by an e@.bils.'led Iiome Owners Associazion (H @
slopes iden 'fied as those slooes bordering a 6E' or wider ar-Lar:@al @ee-L,
Lo the TCSD ,tr @,@ Lenanc- Following CO(7,oFiance -Lo @e
shall be dedicated - in- - i
TCSD @L ndards an comole-don O,-' -,he ac)ori@'don process- (WrL,-i the
e@ceo-don ol@ the slool-=s e'@er side o-i Royal Cr@L Place which are to be
HO@- main,@ned).
A ed @Lh -Lhe improvement 07
7., park Site Plans and Documents assoc-,a-L
- shall be submitted to the TCSD -@or review orior to -Lhe start
Lhe park @Les ,
o-z any park Si- improvements shall comply w@ 7i-CSD
La irnprovemen-cs. All
ndards.
S.Upon comple-ion and j@nal @cep-Lance of -uule ajoremen-doned par< si-Lest
come @e @por-si-bFii-Ly ol-- -Lhe TCSD.
,he mainter-@ance will be
9.Subdivider shall, prior to issuance at the t@rs-L (i s-t) Building Per,-ni-L, Po@L
1 00 0/0 0-1: -,he COST of park site
;z Fpi-Lh,@l Pa@io@,,ance Bond in the amoun-LOT
imoroverneri-Ls, and a I qbor and Materials Bond in the arnount of 500/a and
ob-rzinPoc)roval o,--Lhe'Final lmprovemeri- Plans -@or -Lhe per'< sii-es.
Su bd",vider- sarees -Lo -Lhe ;:-Lorer-,ienL@loned conditions as sicni-,-ied below.
[)Oi @iz
c
-iavv-
ITEI\4 14
AP
CITY ATTORNE)
FINANCE DIREC'
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Shawn D. Nelson, Director of Community Services
DATE: December 10, 1996
SUBJECT: Agreement for Joint Use of Temecula Elementary School
PREPARED BY: Herman D. Parker, Deputy Director of Community Services
RECOMMENDATION: That the City Council:
Approve the agreement between the City of Temecula and the Temecula Valley Unified School
District (TVUSD) for joint use of a portion of Temecula Elementary School as part of Margarita
Community Park.
DISCUSSION: As part of the Master Plan for Margarita Community Park, a 5.5
acre portion of Temecula Elementary School is proposed to be renovated and developed as part
of the park site, to enhance public recreational opportunities for the community. The site would
be used for public recreation on days and during hours when school is not in session. The
Margarita Community Park Master Plan was approved by City Council on October 17, 1995 and
approved by the Temecula Valley Unified School District, Board of Education on February 6,
1996.
This proposed agreement between the City of Temecula and the Temecula Valley Unified
School District (TVUSD) is nearly identical to the Joint Use Agreement approved for Temecula
Middle School. The Joint Use Agreement is for a term of twenty (20) years and will grant the
city authorization to construct and install several improvements on the TVUSD's property at
Temecula Elementary School. The improvements as specified in the Master Plan, will include
the renovation of the existing ballfields to accommodate competitive softball and baseball
league play and the installation of parking improvements adjacent to Margarita Road. The
agreement will also enable the City to renovate the existing swimming pool as necessary, to
accommodate public aquatic programs.
The agreement requires the TVUSD to maintain and mow all turf areas, maintain all irrigation
equipment, controllers and sprinklers. The TVUSD will maintain all parking lot areas adjacent
to the athletic fields on Margarita Road. In addition, the TVUSD will renovate the athletic turf
areas on an annual basis. In return for the maintenance and renovation of the athletic fields,
the City will pay to TVUSD the sum of $6,500 annually.
R:\parkerhd\tesagrm.cc 1213/96
The City will provide all maintenance to infields, dugouts and backstops. Ali field prep, brick
dust and mound mix will be provided by the City. The City will also maintain the swimming
pool and bath house, and pay all utility costs associated with the pool operation.
This agreement has been approved by the Community Services Commission and the TVUSD
Board of Education.
FISCAL IMPACT: The City will pay to the TVUSD the sum of $6,500 annually for
costs associated with annual renovation, maintenance and upkeep of the athletic fields. The
city would also pay all utility costs associated with the swimming pool annually which are
approximately $9,000. These funds will be included in the TCSD FY 1997-98 budget.
ATTACHMENT:Agreement
AGREEMENT BETWEEN THE CITY OF TEMECULA AND
TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR
THE JOINT USE OF A PORTION OF
TEMECULA ELEMENTARY SCHOOL
THIS AGREEMENT is made and entered into as of 1996 by and
between the City of Temecula, a municipal corporation ("City"), and the Temecula Valley
Unified School District. In consideration of the mutual promises and covenants contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties do hereby agree as follows:
1. Recitals. This Agreement is entered into with respect to the following
facts and for the following purposes, each of which is acknowledged as true and correct by the
parties:
a.Chapter 10 of Division 1 of the Education Code, commencing
with Section 10900, authorizes public school districts and cities
to cooperate with one another for the purpose of authorizing,
promoting and conducting programs of community recreation
which will contribute to the attaimnent of general recreational and
educational objectives for children and adults of the State. In this
regard, school districts and cities may enter into agreements with
each other to aid and cooperate in carrying out these objectives.
The governing body of any school district is authorized by these
provisions to use the buildings, grounds, and equipment of the
district, or any of them, to carry out the recreational and
educational objectives, or may grant the use of any building,
grounds, or equipment of the district to any other public authority
for such purposes, whenever the use of the buildings, grounds,
or equipment for community recreational purposes will not
interfere with use of the buildings, grounds, and equipment for
any other purpose of the public school system.
Accordingly, the district is authorized to enter into the Agreement
with the City;
b.District is the owner of certain real property within the City of
Temecula, known as Temecula Elementary School;
wpdocs\board\margpar6\9-27-96 1
C.District and City desire to jointly develop and utilize a portion of
Temecula Elementary School for park, recreational and education
purposes benefiting the citizens of Temecula; and
d.The portion of the Temecula Elementary School to be developed
for these joint purposes is approximately five and a half (5.5)
acres located on the Temecula Elementary School property
adjacent to Margarita Community Park and is legally described
and depicted on Exhibits A and B, attached hereto and
incorporated herein by this reference (hereafter the "Property").
2. Use of Property as Park. District hereby grants to City a license to use
the Property as a public park in accordance with the terms and restrictions as set forth in this
Agreement.
3.Term of Agreement. The term of this Agreement shall be for a period
of twenty (20) years beginning , 1996 and shall terminate ? 2016; provided,
however, that this Agreement may be amended at any time by mutual consent of both parties,
on ninety (90) days notice hereafter upon either party giving written notice of its intention to
so amend.
4. ADDortionment of Use of Properiy by City and District. The Property
shall be used for school purposes as a part of the Temecula Elementary School by the District
during the hours of 8:00 a.m. to 3:30 p.m., Monday through Friday except on School
Holidays, and during such other hours as are required to carry out normal school purposes,
including activities schedules pursuant to the district's calendar of events which shall be
prepared prior to each year. At all other times, the Property shall be used for public park
purposes by the City and subject to such park rules and regulations for the use of the park as
the City may enact.
5. IMDrovement of the Property. The following improvements to the
Property shall be constructed and installed by the City at its expense:
a.The Property shall be developed and improved as specified in the
Master Plan for Margarita Community Park, approved by the
City Council of the City of Temecula on October 17, 1995, and
approved by the Temecula Valley Unified School District, Board
of Education on February 6, 1996, and on file in the office of the
Director of Community Services of the City of Temecula;
City shall comply with all applicable federal and state laws in
connection with its construction and installation of the
improvements, including the Field Act and the California
Environmental Quality Act.
wpdocs\board\margpar6\9-27-96 2
b.Parking improvements for 210 cars shall be constructed and
installed north of the ball fields adjacent to Margarita Road and
Margarita Community Park in accordance with parking lot
standards specified in the Margarita Community Park Master
Plan;
C.The existing ball fields on the Property shall be renovated as
necessary to accommodate competitive softball and baseball
league play, coordination and approval determined by the
Director of Community Services and the District; and
d.The existing swimming pool and bath house shall be renovated as
necessary to serve the community as -a public aquatics facility
offering aquatics programs and services all year, in coordination
with Director of Community Services and the District.
e.Following the installation and acceptance of the improvements by
the City, the improvements installed shall become part of the real
property and shall be owned by the District.
6. School District Maintenance Responsibilities. During the term of this
Agreement, the District shall, at its sole expense, unless otherwise provided herein, perform
the following maintenance on the Property and the improvements which currently exist upon
it or which are to be constructed upon the Property pursuant to the terms of this Agreement,
in accordance with reasonable maintenance standards and schedules as follows:
a.Maintain and mow the athletic field turf on a weekly scheduled
basis;
b.Maintain all irrigation equipment, controllers and sprinkler heads,
and repair and replace irrigation equipment or systems on athletic
fields in a timely manner;
C.Maintain the parking areas adjacent to the ball fields and
swimming pool bath house which maintenance shall include, but
not be limited to, regular maintenance, and slurry sealing and
striping of the parking lot;
d.Renovate the athletic ball fields on a yearly basis, to include turf
repair, aeration, and fertilization;
wpdocs\board\margpar6\9-27-96 3
7. City Maintenance Responsibilities. During the term of this agreement,
the City shall, at its sole expense, perform the following maintenance on the Property and the
improvements which currently exist upon it or which are to be constructed upon the Property
pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards
and schedules approved by the director of Community Services of the City and the District.
a.Maintain the infield areas, dugouts and backstops of all ball
fields;
h.Provide brick dust and mound mix for infields as needed;
C.Drag and water infields before City sponsored games as needed;
d.Daily removal of trash and debris from ball fields areas when the
City uses the Property;
e.Pay to the District the sum of $6,500 on the first business day of
August of each year of the term of this Agreement. This amount
includes the annual field renovation costs. This sum may be
increased annually by the increase of the consumer price index
for all goods and services for the statistical area including the
City of Temecula for the one year period preceding the
anniversary date of this Agreement, which increase shall not
exceed five (5 %) of the previous year's fee. "
f.Provide all renovation, ongoing maintenance and upkeep of
swimming pool, bath house, deck area, and perimeter fencing
between or along school/park boundaries;
9.Pay all utility costs associated with the operation of the swimming
pool.
h.Will maintain and irrigate all landscaped areas with the exception
of athletic fields.
8.Indemnification
a.City agrees to hold harmless, defend, and indemnify District
against all actions, claims, or demands for injury, death, loss or
damages, regardless of fault or cause, by anyone whomsoever
(except where such injury, death, loss, or damage was solely due
wpdocs\board\margpar6\9-27-96 4
to the negligent acts or omissions of District, its agents, servants,
or employees), whenever such injury, death, loss or damage is a
consequence of, or arises out of, or is incidental to, the use or
maintenance of the Property by City or any other persons or
parties (other than District) authorized to so use or maintain the
Property by City pursuant to this Agreement.
b.District agrees to hold harmless, defend, and indemnify City
against all actions, claims, or demands for injury, death, loss, or
damages, regardless of fault or cause, by anyone whomsoever
(except where such injury, death, loss, or damage was solely due
to the negligent acts or omissions of City, its agents, servants, or
employees), whenever such injury, death, loss, or damage is a
consequence of, or arises out of, or incidental to, the use or
maintenance of the Property by District or any other persons or
parties (other than City) authorized to so use the Property by
District pursuant to this Agreement.
9.Defaults and Remedies
a.Subject to the extensions of time set approved in writing by a
party, failure or delay by either party to perform any term or
provision of this Agreement constitutes a default under this
Agreement. A party claiming a default (claimant) shall give
written notice of default to the other party, specifying the default
complained of.
b.The claimant shall not institute proceedings against the other
party nor be entitled to damages if the other party within fourteen
(14) days from receipt of such notice immediately, with due
diligence, commences to cure, correct or remedy such failure or
delay and shall complete such cure, correction or remedy within
thirty (30) days from the date of receipt of such notice. Such
cure, correction and remedy shall include payment of any costs,
expenses (including attorney fees) or damages incurred by the
non-defaulting party resulting from the default or during the
period of default.
C.Except as otherwise expressly stated in this Agreement, the rights
and remedies of the parties are cumulative, and the exercise by
either party of one or more of such rights or remedies shall not
wpdocs\board\margpar6\9-27-96 5
preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default
by the other party.
d.Any failure or delays by either party in asserting any of its rights
and remedies as to any default shall not operate as a waiver of
any default or of any such rights or remedies, or deprive either
such party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or
enforce any such rights or remedies.
e.If a default is not fully cured by the defaulting party as provided
in this Paragraph, the defaulting party shall be liable to the other
party for any damages caused by such default, and the
nondefaulting party may thereafter (but not before) commence an
action for damages against the defaulting party with respect to
such default.
f.If a default under this Agreement is not fully cured by the
defaulting party as provided in this Paragraph, the nondefaulting
party at its option may thereafter (but not before) commence an
action for specific performance of terms of this Agreement.
9.In the event litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to
reasonable attorney fees and litigation expenses for the relief
granted.
10. Force Majeure. Except as otherwise expressly provided in this
Agreement, if the performance of any act required by this Agreement to be performed by
either District or City is prevented or delayed by reason of any act of God, strike, lockout,
labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any
other cause (except financial inability) not the fault of the party required to perform the act,
the time for performance of the act will be extended for a period equivalent to the period of
delay and performance of the act during the period of delay will be excused. However,
nothing contained in this Section shall excuse the prompt payment by a party as required by
this Agreement or the performance of any act rendered difficult or impossible solely because
of the financial condition of the party required to perform the act.
wpdocs\board\margpar6\9-27-96 6
11. Notices to Parties. Written notices, demands and communications among
the District and City, shall be sufficiently given by personal service or dispatched by registered
or certified mail, postage prepaid, return receipt requested, to the principal offices of the
District or City as follows:
District:
Temecula Valley Unified School District
31350 Rancho Vista Road
Temecula, California 92592
Attention:Superintendent
City:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
Such written notices, demands and communications may be sent in the same manner to such
other addresses as either party may from time to time designate by mail as provided in this
Section.
12. ALyreement Binding on Heirs and Successors. This Agreement shall
be binding on and shall inure to the benefit of the heirs, executors, administrators, successors,
and lawful assigns of the parties hereto.
13. Assi2nment. Neither Party shall assign or transfer this Agreement or any
portion thereof without the prior written consent of the other party.
14. Sole and Only Ai!reement. This Agreement constitutes the sole and only
agreement between District and City respecting the joint use of the Property for school and
park purposes. Any agreements or representations, either oral or written, respecting the
Property or any other matter discussed in this Agreement not expressly set forth in this
Agreement are null and void.
15. Time of Essence. Time is expressly declared to be of the essence of this
Agreement.
16. 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
wpdocs\board\margpar6\9-27-96 7
his/her/their governmental entity and warrants and represents that he/she/they have the
authority to bind his/her/their entity to the performance of its obligations hereunder.
17. Insurance. Each party to this Agreement shall carry public liability
insurance in a reasonable amount satisfactory to the other party to protect itself and the other
party, its officers, agents, servants, and employees, against claims for damage to persons
and/or property, including death, arising from that party's use of the Property as provided in
this Agreement. The form of the insurance shall be satisfactory to the other party and may
include self-insurance at levels acceptable to the other party.
IN WITNESS WHEREOF this Agreement has been executed by the authorized
representatives of the parties hereto.
CITY OF TEMECULATEMECULA VALLEY UNIFIED
SCHOOL DISTRICT
Karel S. Lindemans, Mayor President of School Board
Attest: Attest:
June S. Greek Secretary to the School Board
City Clerk
Approved as to Form: Approved as to Form:
,g -
Peter M. Thorson Counsel to District
City Attorney
wpdocs\board\margpar6\9-27-96 8
MIBIT A
PRELIMINARY DESCRIPTION
THAT PORTION OF PARCEL I AS MAPPED BY PARCEL MAP
RECORDED IN BOOK I OF PARCEL MAPS AT PAGE 9, RECORDED 19
DECEMBER, 1967, IN THE OFFICE OF THE COUNTY RECORDER,
RIVERSIDE COUNTY, STATE OF CALIFORNIA, FURTHER
DESCRIBED AS FOLLOWS:
BEG G AT THE SOUTHWESTERLY CORNER OF SAID PARCEL
NO. 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL
NORTH 0055'24" WEST 685.36 FEET TO THE NORTHWEST CORNER
OF SAID PARCEL; THENCE ALONG THE NORTHERLY PARCEL LINE,
ALSO BEING THE SOUTHWESTERLY LINE OF MARGARITA ROAD
(FORMERLY NORTH GENERAL KEARNY ROAD), SOUTH 81055'10"
EAST 436.38 FEET (MORE OR LESS); THENCE LEAVING SAID
NORTHERLY PARCEL LINE SOUTH 0055'24" EAST 212 FEET (MORE OR
LESS); THENCE NORTH 89'04'36" WEST 96 FEET (MORE OR LESS);
THENCE SOUTH 0055'24" EAST 405.07 FEET (MORE OR LESS) TO THE
SOUTHERLY LINE OF SAID PARCEL; THENCE ALONG THE SOUTHERLY
LINE OF SAID PARCEL SOUTH 89-04'36" WEST 335 FEET (MORE OR
LESS) TO THE POINT OF BEG G.
BEING AN AREA OF APPROXIMATELY 241,800 SQUARE FEET (5.5
ACRES).
TIUS DESCRIPTION IS BASED ON MEASUREMENTS SCALED FROM IRRIGATION
SYSTEM LAYOUT PROVIDED BY THE TEMECULA VALLEY UNIFIED SCHOOL
DISTRICT TO THE TEMECULA COMMUNITY SERVICES DISTRICT. THEREFORE, IT
IS GENERALIZED AND NOT PRECISE AS THE FENCING, POOL, AND ADJACENT
STRUCTURE AND THEIR RELATIONSHIP TO PROPERTY LINES ARE NOT
DIMENSIONED ON THE LAYOUT.
CRISPA@EGALS\PARKPOOL
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EXHIBIT B
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EDE CO TRANSPORTATION CO@SSION
TELECOPY COVER SHEET
DATE:
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FAX
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NO. OF PAGES (INCL. COVER):
COMMENTS:
ANY PROBLEMS WTH TRANSMISSION, PLF-ASR: CALL (909) 787-7141.
FAXED BY: DATE & TIME:
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(WS) M-7141 # FRALX 10" M-"20
ORDINANCE NO. 96-22
AN ORDINANCE OF THE CITY COUNC]IL ADDING SECTIONS 3.28.245
AND 3.28.305 TO AND AMENDING SECTIONS 3.28.140, 3.28.150, 3.28.290
AND 3.32.050 OF THE TEMEECULA MUNICIEPAL CODE RELATING TO
THE SOLICITATION OF PROPOSALS FOR THE PURCHASE OF
SUPPLIES AND EQUIPMENT AND THE AWARD THEREOF ON THE
BASIS OF HIGHEST QUALITY AND COST EFFEC S, REVISING
ADVERTISING REQUIREMENTS, AND ESTABLISHING THE CITY
MANAGER'S AUTHORITY TO APPROVE PURCHASE, SERVICE AND
CONSTRUCTION CONTRACTS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 3.28.245 is hereby added to the Temecula Municipal Code to read as
follows:
"3.38.245 Requests for Proposals for the Purchase of Supplies and Equipment
In recognition of the complex and technical nature of supplies and equipment the City
requires and the wide variations in options and cost factors affecting the purchase of
supplies and equipment, the City may, as an alternative to the formal bidding requirements
of this Chapter, solicit proposals for the purchase of supplies and equipment and award the
purchase to the proposal which best serves the needs of the City and provides the City with
the highest quality and cost effectiveness based on the following factors (which are listed
without any implication of priority):
A.The extent to which the proposal meets the needs of the City for the equipment or
supplies;
B.The quality of the equipment or supplies proposed;
C.The overall cost to the City of the proposal, including, but not limited to, pricing
of the equipment or supplies, delivery schedule, terms of payment, warranties,
maintenance requirements, and required site preparation;
D.The experience and qualifications of vendor submitting a proposal to successfully
meet the requirements for the equipment or supplies;
E.Previous performance of the vendor submitting a proposal in providing similar
equipment or supplies;
Ords\96-22
F.Financial ability of the vendor submitting the proposal to provide the equipment
or supplies to the City;
G.Vendor's conformity to the specifications for the equipment or supplies set forth
in the request for proposal; and
H. Such similar factors as may be specifically included in the request for proposal.
Section 2. Section 3.28.140 of the Temecula Municipal Code is hereby amended to read
as follows:
'3.28.140. Notice Inviting Formal Bids or Requests for Proposals
"Notices inviting formal bids or requests for proposals for the purchase of supplies or
equipment shall include a general description of the supplies or equipment to be purchased,
shall state where the bid documents and specifications or requests for proposals may be
obtained, and the time and place for the opening of the bids or proposals."
Section 3. Section 3.29.150 of the Temecula Municipal Code is hereby amended to read
as follows:
'3.28.150. Published Notice for Formal Bids or Requests for Proposals
"Notices inviting formal bids or requests for proposals shall be published one time at least
ten days prior to the date of opening of the bids or proposals in a newspaper of general
circulation within the City. The City Manager may waive the publication requirements
of this Section if he or she finds that requirements for publication would not likely increase
the number or quality of bidders or proposers beyond those on the approved vendor list."
Section 4. Section 3.28.290 of the Temecula Municipal Code is hereby amended to read
as follows:
'3.28.290 Exception to competitive bidding requirement.
"Notwithstanding any provision of this chapter to the contrary, the formal bidding
procedures and requirements shall not be required in any of the following instances:
A.When the estimated amount involved is less than two thousand five hundred
dollars ($2,500);
B.When the equipment or supplies can be obtained from only one vendor;
C.The City Manager may authorize the purchase of materials, supplies,
Ords\96-22 2
equipment and services where and emergency is deemed to exist and it is
determined that service involving the public health, safety or welfare would
be interrupted if the normal procedures were followed, provided that all
emergency purchases which would otherwise require formal bidding
procedures made pursuant to this section shall be submitted to the City
Council for ratification at the next regular council meeting after the
purchase is authorized;
D.Contracts for personal, professional and consultant, and maintenance
services;
E.Any agreement involving acquisition of supplies, equipment or services
entered into with another governmental entity."
Section 5. Section 3.28.305 is hereby added to the Temecula Municipal Code to read as
follows:
'Section 3.28.305 Authority of City Manager to Enter Into Contracts
"The City Manager is authorized to enter into contracts for the purchase of supplies or
equipment or contracts for personal, professional, consultant, and maintenance services
where the amount of such contract does not exceed ten thousand dollars, or such other
amount as the Council may designate by resolution; provided, there exists an
unencumbered appropriation in the fund account against which the expense is to be
charged. Where the amount of any such contract exceeds ten thousand dollars, or such
other amount as the Council may designate by resolution, the contract shall be approved
by the City Council."
Section 6. Section 3.32.050 of the Temecula Municipal Code is hereby amended to read
as follows:
'Section 3.32.050 Delegation of Authority to Award Inforinal Contracts
"The City Manager is authorized to award bids and enter into informal construction
contracts pursuant to this Chapter where the amount of such contract does not exceed
twenty five thousand dollars ($25,000.00), or such other amount as the Council may
designate by resolution; provided, there exists an unencumbered appropriation in the fund
account against which the expense is to be charged. Where the amount of any such
contract exceeds twenty five thousand dollars ($25,000.00), or such other amount as the
Council may designate by resolution, the contract shall be approved by the City Council."
Section 7. 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,
Ords%96-22 3
paragraph, or section of this ordinance to be invalid, such decision shall not affect the validity
of the remaining parts of this Ordinance.
Section 8. The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published in the manner required by law.
PASSED AND APPROVED this 17th day of December, 1996.
Karel F. Lindemans
Mayor
ATTEST:
June S. Greek, CMC
City Clerk
[SEAL]
Ords\96-22 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE SS
CITY OF TEMECULA
1, JUNE S. GREEK, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 96-22 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 26th day of November, 1996. That thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 17th day of
December, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
June S. Greek, CMC
City Clerk
Ords\96-22 5
TEIMECULA COMIMUNITY
SERVICES DISTRICT
ITEI\4 I
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
HELD NOVEMBER 26, 1996
A regular meeting of the Temecula Community Services District was called to order at
7:55 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula,
California. Vice President Jeff Stone presiding.
ROLL CALL
PRESENT: 4 DIRECTORS: Birdsall, Ford, Lindemans, Stone
ABSENT: 1 DIRECTORS: Roberts
Also present were General Manager Ronald E. Bradley, District Counsel Peter Thorson and
District Secretary June S. Greek.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR
It was moved by Director Ford, seconded by Director Lindemans to approve Consent
Calendar Item No. 1 as follows:
1 Minutes
1.1 Approve the minutes of November 1 2, 1996.
The motion carried as follows:
AYES: 4 DIRECTORS: Birdsall, Ford, Lindemans, Stone
NOES: 0 DIRECTORS: None
ABSENT: 1 DIRECTORS: Roberts
DIRECTOR OF COMMUNITY SERVICES REPORT
None given.
GENERAL MANAGERS REPORT
None given.
r:\minutes.csd\l 1 2696 -1-
BOARD OF DIRECTORS REPORTS
None given.
ADJOURNMENT
It was moved by Director Lindemans, seconded by Director Birdsall to adjourn at 7:56 PM to
a meeting on December 3, 1 996, 4:00 PM, Temecula City Hall, City Council Chamber,
43200 Business Park Drive, Temecula, California. The motion was unanimously carried with
President Roberts absent.
Ron Roberts, President
ATTEST:
June S. Greek, CMC, City Clerk/
District Secretary
r:\minutes.csd\l 1 2696 -2-
REDEVELOPMENT AGENCY
ITEI\4 I
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
HELD NOVEMBER 26, 1996
A regular meeting of the City of Temecula Redevelopment Agency was called to order at
7:56 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula,
California. Chairperson Patricia H. Birdsall presiding.
PRESENT: 4 AGENCY MEMBERS: Ford, Lindemans, Stone, Birdsall
ABSENT: 1 AGENCY MEMBERS: Roberts
Also present were Executive Director Ronald E. Bradley, Agency General Counsel Peter
Thorson and Agency Secretary June S. Greek.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR.
It was moved by Agency Member Ford, seconded by Agency Member Lindemans to approve
Consent Calendar Item No. 1.
1 . Minutes
1.1 Approve the minutes of November 1 2, 1 996.
The motion carried as follows:
AYES: 4 AGENCY MEMBERS: Ford, Lindemans, Stone, Birdsall
NOES: 0 AGENCY MEMBERS: None
ABSENT: 1 AGENCY MEMBERS: Roberts
EXECUTIVE DIRECTOR REPORT
None given.
AGENCY MEMBER'S REPORTS
None given.
RECESS
Chairperson Birdsall recessed the meeting at 7:57 PM. The meeting was reconvened as a
Joint City Council, Redevelopment Agency, Old Town Westside Community Facilities
District Financing Authority and Old Town/Westside Improvement Authority Meeting at 7:57
PM.
Minutes.rda 1 1 2696 -1-
JOINT MEETING OF THE CITY COUNCIL, THE TEMECULA
REDEVELOPMENT AGENCY AND THE OLD TOWN TEMECULA WESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
The joint meeting was called to order at 7:57 P.M. at City Council Chambers, 43200
Business Park Drive, Temecula, California.
PRESENT: 4 AGENCY MEMBERS: Birdsall, Ford, Stone, Lindemans
ABSENT: 1 AGENCY MEMBERS: Roberts
CITY COUNCIL BUSINESS
1Approval of Final Documents for Old Town Public Improvement District
Councilmember Stone announced a conflict of interest and stepped down from the
dias.
City Manager Ronald Bradley presented a brief staff report and introduced Paul
Thimmig, Jones, Hall, Hill and White, Bond Counsel for the City and John McAlister,
Stone and Youngberg, Investment Banker, to answer any questions of the City
Council.
It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to
approve staff recommendation 1.1 as follows:
1.1Adopt a resolution entitled:
RESOLUTION NO. 96-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY
WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, AND
DIRECTING CANCELLATION OF AMENDMENT TO JOINT COMMUNITY
FACILITIES AGREEMENT
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
2.TEMECULA REDEVELOPMENT AGENCY BUSINESS
Bond Counsel Paul Thimmig presented the staff report.
It was moved by Agency Member Lindemans, seconded by Agency Member Ford to
approve staff recommendation 2.1 as follows:
Minutes.rdal 1 2696 -2-
2.1Adopt a resolution entitled:
RESOLUTION NO. RDA 96-21
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS
AUTHORITY WITH THE CITY OF TEMECULA
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve
staff recommendation 2.2 as follows:
2.2Adopt a resolution entitled:
RESOLUTION NO. RDA 96-22
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA ACCEPT GUARANTEES FOR THE COMPLETION OF PUBLIC
IMPROVEMENTS FOR THE OLD TOWN AREA
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
RECESS
Chairperson Birdsall called a recess at 8:03 PM to allow the Mayor and Agency Chairperson
to execute the Joint Powers Agreement establishing the Old Town/Westside Improvement
Authority. The meeting was reconvened at 8:1 7 PM.
3.OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
Bond Counsel Paul Thimmig presented the staff report.
It was moved by Board Member Lindemans, seconded by Board Member Ford to
approve staff recommendation 3.1 as follows:
Minutes.rda 1 1 2696 -3-
3.1Adopt a resolution entitled:
RESOLUTION NO. FA 96-12
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING
AUTHORITY APPROVING SALE OF BONDS TO THE OLD TOWN/WESTSIDE
IMPROVEMENT AUTHORITY, AND APPROVING OTHER RELATED
DOCUMENTS AND ACTIONS
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
3.2Adopt a resolution entitled:
RESOLUTION NO. FA 96-13
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING
AUTHORITY APPROVING CONSTRUCTION MANAGEMENT AND
SUPERVISION AGREEMENT BETWEEN THE AUTHORITY AND FLUOR DANIEL,
INC. AND A GUARANTY WITH FLUOR CORPORATION
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
4.OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY
4.1 Election of Chairperson and Vice Chairperson
Minutes.rdal 1 2696 -4-
It was moved by Board Member Birdsall, seconded by Board Member Lindemans to
elect Board Member Birdsall as Chairperson and Board Member Ford as Vice-
Chairperson.
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
It was moved by Board Member Lindemans, seconded by Board Member Ford to
approve staff recommendation 4.2 as follows:
4.2Adopt a resolution entitled:
RESOLUTION NO. IA 96-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE IMPROVEMENT AUTHORITY REGARDING MEETINGS,
ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A
NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND
ESTABLISHING THE RULES FOR ITS PROCEEDINGS
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
It was moved by Board Member Lindemans, seconded by Board Member Ford to
approve staff recommendation 4.3 as follows:
4.3Adopt a resolution entitled:
RESOLUTION NO. IA 96-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE IMPROVEMENT AUTHORITY AUTHORIZING ISSUANCE
AND SALE OF REVENUE BONDS FOR THE PURPOSE OF FINANCING
ACQUISITION OF COMMUNITY FACILITIES DISTRICT BONDS (OLD TOWN
AREA), AND APPROVING RELATED AGREEMENTS AND ACTIONS
Minutes.rda 1 1 2696 -5-
Adbournment of the Temecula Redevelopment Aciency, the Old Town/Westside Community
Facilities District Financing Authority, and the Old Town/Westside Improvement Authority
It was moved by Agency Member Lindemans, seconded by Agency Member Ford to adjourn
at 8:25 PM to a meeting on December 3, 1 996, 4:00 P.M., Temecula City Hall, City Council
Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously
carried with Member Roberts absent.
Patricia H. Birdsall, Chairperson
ATTEST:
June S. Greek, CMC, City Clerk/
Agency Secretary
Minutes.rdal 1 2696 -6-
OLD TOWN WESTSIDE
COMMUNITY FACILITIES DISTRICT
FINANCING AUTHORITY
ITEI\4 I
MINUTES OF A REGULAR MEETING
OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES
DISTRICT FINANCING AUTHORITY
HELD NOVEMBER 26, 1996
A regular meeting of the was called to order at 7:57 P.M. at the Community Recreation
Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall
presiding.
PRESENT: 4 AGENCY MEMBERS: Ford, Lindemans, Stone, Birdsall
ABSENT: 1 AGENCY MEMBERS: Roberts
Also present were Executive Director Ronald E. Bradley, Authority General Counsel Peter
Thorson and Authority Secretary June S. Greek.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR.
It was moved by Agency Member Stone, seconded by Agency Member Ford to approve
Consent Calendar Item No. 1.
1 . Minutes
1.1 Approve the minutes of November 1 2, 1 996.
The motion carried as follows:
AYES: 4 AGENCY MEMBERS: Ford, Lindemans, Stone, Birdsall
NOES: 0 AGENCY MEMBERS: None
ABSENT: 1 AGENCY MEMBERS: Roberts
RECESS
Chairperson Birdsall recessed the meeting at 7:57 PM. The meeting was reconvened as a
Joint City Council, Redevelopment Agency, Old Town Westside Community Facilities
District Financing Authority and Old Town/Westside Improvement Authority Meeting at 7:57
PM.
Minutes.fal 1 2696 -1-
JOINT MEETING OF THE CITY COUNCIL, THE TEMECULA
REDEVELOPMENT AGENCY AND THE OLD TOWN TEMECULA WESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
The joint meeting was called to order at 7:57 P.M. at City Council Chambers, 43200
Business Park Drive, Temecula, California.
PRESENT: 4 AGENCY MEMBERS: Birdsall, Ford, Stone, Lindemans
ABSENT: 1 AGENCY MEMBERS: Roberts
CITY COUNCIL BUSINESS
1 .Approval of Final Documents for Old Town Public Improvement District
Councilmember Stone announced a conflict of interest and stepped down from the
dias.
City Manager Ronald Bradley presented a brief staff report and introduced Paul
Thimmig, Jones, Hall, Hill and White, Bond Counsel for the City and John McAlister,
Stone and Youngberg, Investment Banker, to answer any questions of the City
Council.
It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to
approve staff recommendation 1 .1 as follows:
1.1Adopt a resolution entitled:
RESOLUTION NO. 96-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY
WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, AND
DIRECTING CANCELLATION OF AMENDMENT TO JOINT COMMUNITY
FACILITIES AGREEMENT
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
2.TEMECULA REDEVELOPMENT AGENCY BUSINESS
Bond Counsel Paul Thimmig presented the staff report.
It was moved by Agency Member Lindemans, seconded by Agency Member Ford to
approve staff recommendation 2.1 as follows:
Minutes.fal 1 2696 -2-
2.1Adopt a resolution entitled:
RESOLUTION NO. RDA 96-21
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS
AUTHORITY WITH THE CITY OF TEMECULA
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve
staff recommendation 2.2 as follows:
2.2Adopt a resolution entitled:
RESOLUTION NO. RDA 96-22
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA ACCEPT GUARANTEES FOR THE COMPLETION OF PUBLIC
IMPROVEMENTS FOR THE OLD TOWN AREA
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
RECESS
Chairperson Birdsall called a recess at 8:03 PM to allow the Mayor and Agency Chairperson
to execute the Joint Powers Agreement establishing the Old Town/Westside Improvement
Authority. The meeting was reconvened at 8:1 7 PM.
3.OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
Bond Counsel Paul Thimmig presented the staff report.
It was moved by Board Member Lindemans, seconded by Board Member Ford to
approve staff recommendation 3.1 as follows:
Minutes.fal 1 2696 -3-
3.1Adopt a resolution entitled:
RESOLUTION NO. FA 96-12
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING
AUTHORITY APPROVING SALE OF BONDS TO THE OLD TOWN/WESTSIDE
IMPROVEMENT AUTHORITY, AND APPROVING OTHER RELATED
DOCUMENTS AND ACTIONS
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
3.2Adopt a resolution entitled:
RESOLUTION NO. FA 96-13
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING
AUTHORITY APPROVING CONSTRUCTION MANAGEMENT AND
SUPERVISION AGREEMENT BETWEEN THE AUTHORITY AND FLUOR DANIEL,
INC. AND A GUARANTY WITH FLUOR CORPORATION
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
4.OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY
4.1 Election of Chairperson and Vice Chairperson
Minutes.fal 1 2696 -4-
It was moved by Board Member Birdsall, seconded by Board Member Lindemans to
elect Board Member Birdsall as Chairperson and Board Member Ford as Vice-
Chairperson.
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
It was moved by Board Member Lindemans, seconded by Board Member Ford to
approve staff recommendation 4.2 as follows:
4.2Adopt a resolution entitled:
RESOLUTION NO. IA 96-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE IMPROVEMENT AUTHORITY REGARDING MEETINGS,
ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A
NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND
ESTABLISHING THE RULES FOR ITS PROCEEDINGS
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
It was moved by Board Member Lindemans, seconded by Board Member Ford to
approve staff recommendation 4.3 as follows:
4.3Adopt a resolution entitled:
RESOLUTION NO. IA 96-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE IMPROVEMENT AUTHORITY AUTHORIZING ISSUANCE
AND SALE OF REVENUE BONDS FOR THE PURPOSE OF FINANCING
ACQUISITION OF COMMUNITY FACILITIES DISTRICT BONDS (OLD TOWN
AREA), AND APPROVING RELATED AGREEMENTS AND ACTIONS
Minutes.fa 1 1 2696 -5-
Ad*ournment of the Temecula Redevelopment Agency, the Old Town/Westside Community
Facilities District Financinci Authority, and the Old Town/Westside Improvement Authority
It was moved by Agency Member Lindemans, seconded by Agency Member Ford to adjourn
at 8:25 PM to a meeting on December 3, 1996, 4:00 P.M., Temecula City Hall, City Council
Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously
carried with Member Roberts absent.
Patricia H. Birdsall, Chairperson
ATTEST:
June S. Greek, CMC, City Clerk/
Authority Secretary
Minutes.fal 1 2696 -6-
OLD TOWN WESTSIDE
IMPROVEMENT
AUTHORITY
ITE:N4 I
JOINT MEETING OF THE CITY COUNCIL, THE TEMECULA
REDEVELOPMENT AGENCY, THE OLD TOWN/WESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
AND THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY
The joint meeting of the City Council, the Temecula Redevelopment Agency, the Old
Town/Westside Community Facilities District Financing Authority and the Old
Town/Westside Improvement Authority was called to order at 7:57 P.M. at City Council
Chambers, 43200 Business Park Drive, Temecula, California.
PRESENT:4 AGENCY MEMBERS: Birdsall, Ford, Stone, Lindemans
ABSENT:1 AGENCY MEMBERS: Roberts
CITY COUNCIL BUSINESS
1.Approval of Final Documents for Old Town Public Improvement District
Councilmember Stone announced a conflict of interest and stepped down from the
dias.
City Manager Ronald Bradley presented a brief staff report and introduced Paul
Thimmig, Jones, Hall, Hill and White, Bond Counsel for the City and John McAlister,
Stone and Youngberg, Investment Banker, to answer any questions of the City
Council.
It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to
approve staff recommendation 1 .1 as follows:
1.1Adopt a resolution entitled:
RESOLUTION NO. 96-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY
WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, AND
DIRECTING CANCELLATION OF AMENDMENT TO JOINT COMMUNITY
FACILITIES AGREEMENT
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
2.TEMECULA REDEVELOPMENT AGENCY BUSINESS
Bond Counsel Paul Thimmig presented the staff report.
Minutes.fa I 1 2696 -2-
It was moved by Agency Member Lindemans, seconded by Agency Member Ford to
approve staff recommendation 2.1 as follows:
2.1Adopt a resolution entitled:
RESOLUTION NO. RDA 96-21
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS
AUTHORITY WITH THE CITY OF TEMECULA
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve
staff recommendation 2.2 as follows:
2.2Adopt a resolution entitled:
RESOLUTION NO. RDA 96-22
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA ACCEPT GUARANTEES FOR THE COMPLETION OF PUBLIC
IMPROVEMENTS FOR THE OLD TOWN AREA
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
RECESS
Chairperson Birdsall called a recess at 8:03 PM to allow the Mayor and Agency Chairperson
to execute the Joint Powers Agreement establishing the Old Town/Westside Improvement
Authority. The meeting was reconvened at 8:1 7 PM.
3.OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
Bond Counsel Paul Thimmig presented the staff report.
Minutes.fal 1 2696 -3-
It was moved by Board Member Lindemans, seconded by Board Member Ford to
approve staff recommendation 3.1 as follows:
3.1Adopt a resolution entitled:
RESOLUTION NO. FA 96-12
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING
AUTHORITY APPROVING SALE OF BONDS TO THE OLD TOWN/WESTSIDE
IMPROVEMENT AUTHORITY, AND APPROVING OTHER RELATED
DOCUMENTS AND ACTIONS
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
3.2Adopt a resolution entitled:
RESOLUTION NO. FA 96-13
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING
AUTHORITY APPROVING CONSTRUCTION MANAGEMENT AND
SUPERVISION AGREEMENT BETWEEN THE AUTHORITY AND FLUOR DANIEL,
INC. AND A GUARANTY WITH FLUOR CORPORATION
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
4.OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY
4.1 Election of Chairperson and Vice Chairperson
Minutes.fal 1 2696 -4-
It was moved by Board Member Birdsall, seconded by Board Member Lindemans to
elect Board Member Birdsall as Chairperson and Board Member Ford as Vice-
Chairperson.
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
It was moved by Board Member Lindemans, seconded by Board Member Ford to
approve staff recommendation 4.2 as follows:
4.2Adopt a resolution entitled:
RESOLUTION NO. IA 96-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE IMPROVEMENT AUTHORITY REGARDING MEETINGS,
ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A
NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND
ESTABLISHING THE RULES FOR ITS PROCEEDINGS
The motion carried as follows:
AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 1 BOARD MEMBERS: Stone
It was moved by Board Member Lindemans, seconded by Board Member Ford to
approve staff recommendation 4.3 as follows:
4.3Adopt a resolution entitled:
RESOLUTION NO. IA 96-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE IMPROVEMENT AUTHORITY AUTHORIZING ISSUANCE
AND SALE OF REVENUE BONDS FOR THE PURPOSE OF FINANCING
ACQUISITION OF COMMUNITY FACILITIES DISTRICT BONDS (OLD TOWN
AREA), AND APPROVING RELATED AGREEMENTS AND ACTIONS
Minutes.fa 1 1 2696 -5-
Adaournment of the Temecula Redevelopment Aciency, the Old Town/Westsid(
Facilities District Financing Authoritv. and the Old Town/Westside Improvement Authority
It was moved by Agency Member Lindemans, seconded by Agency Member Ford to adjourn
at 8:25 PM to a meeting on December 3, 1 996, 4:00 P.M., Temecula City Hall, City Council
Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously
carried with Member Roberts absent.
Patricia H. Birdsall, Chairperson
ATTEST:
June S. Greek, CMC, City Clerk/
Authority Secretary
Minutes.fal 1 2696 -6-
ITEIN4 16
A
CITY ATTORNE
DIRECTOR OF I
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM:Gary Thornhill, Community Development Director
DATE:December 10, 1996
SUBJECT:Planning Application No. PA96-0107 (General Plan Amendment) and Planning
Application No. PA96-0106 (Zoning Amendment, Specific Plan - Paloma del Sol)
Prepared By: Matthew Fagan, Associate Planner
RECOMMENDATION:
1.Make a determination of Consistency with a project for which an Environmental
Impact Report was previously certified.
2.Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 96-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA96-
0107, CHANGING THE GENERAL PLAN LAND USE DESIGNATION
ON PLANNING AREA 2 FROM HIGH DENSITY RESIDENTIAL TO
LOW-MEDIUM DENSITY RESIDENTIAL, PLANNING AREA 29A
FROM LOW-MEDIUM DENSITY RESIDENTIAL TO OPEN
SPACE/RECREATION, AND PORTIONS OF PLANNING AREA 1
FROM COMMUNITY COMMERCIAL TO HIGH DENSITY
RESIDENTIAL AND MODIFYING FIGURE 2-4 (VILLAGE CENTER
OVERLAY) OF THE GENERAL PLAN, DELETING THE AREA
CORRESPONDING TO PLANNING AREA 2 FROM THE VILLAGE
CENTER OVERLAY AND ADDING AREAS CORRESPONDING TO
PLANNING AREAS 6 AND 37 TO THE VILLAGE CENTER
OVERLAY ON PROPERTY GENERALLY LOCATED NORTH OF SR
79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA
ROAD AND WEST OF BUTTERFIELD STAGE ROAD
R:\STAFF@%106PA96.CC1 12/2/96 klb 1
3.Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 96-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA96-
0106 IZONING AMENDMENT, SPECIFIC PLAN NO. 219)
AMENDING PLANNING AREAS 1, 2, 6, 9, 14, 27, 28, 29, 36
AND 37 OF PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC
PLAN ORDINANCE AND ADDING PLANNING AREAS 38 AND 39
TO THE PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN
ORDINANCE, ON PROPERTY GENERALLY LOCATED NORTH OF
SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA
ROAD AND WEST OF BUTTERFIELD STAGE ROAD AND KNOWN
AS ASSESSOR'S PARCEL NUMBERS 950-020-001 THROUGH
950-020-004, 950-020-009 THROUGH 950-020-025, 950-020-
027, 950-020-029, 955-030-002 THROUGH 955-030-004 AND
955-030-006 THROUGH 955-030-011
BACKGROUND
The Planning Commission considered the project on March 4, 1996 and recommended approval
of the project by a 5-0 vote. There was no Commission discussion regarding this project.
Changes to the General Plan and Specific Plan are listed below.
Planning Application No. PA96-0107 (General Plan Amendment)
The proposed changes to the General Plan Land Use Plan include the following:
1Amend the General Plan Land Use Plan corresponding to Planning Area No. 2 of the
Specific Plan from (H) High Density Residential (13-20 dwelling units per acre) to (LM)
Low-Medium Density Residential (3-6 dwelling units per acre).
2.Amend the General Plan Land Use Plan corresponding to Planning Area 29A of the
Specific Plan from (LM) Low-Medium Density Residential (3-6 dwelling units per acre)
to (OS) Open Space/Recreation.
3.Amend the General Plan Land Use Plan corresponding to Planning Areas 38 and 39 of
the Specific Plan from (CC) Community Commercial to (H) High Density Residential (1 3-
20 dwelling units per acre).
Chanaes to Fiaure 2-4 (Villaae Center Over@
The proposal is to amend Figure 2-4 (Village Center Overlay) of the General Plan to delete the
area corresponding to Planning Area 2 of the Specific Plan and add the areas corresponding to
Planning Area 6 and Planning Area 37 of the Specific Plan. Planning Area 2 is proposed to be
R:%STAFFRW\106PA96.CCI 12/2196 klb 2
change from Very High Density Residential to Medium High Density Residential. The Village
Center is more appropriate with higher density development.
Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan)
Specific Plan Chanaes
The project is an amendment to existing Planning Areas 1, 2, 6, 9, 14, 27, 28, 29, 36 and 37
of Paloma del Sol Specific Plan and Specific Plan Ordinance, adding Planning Areas 38 & 39 to
the Specific Plan and Specific Plan Ordinance. The changes have been reflected in the
documents transmitted to the City Council in the form of redlined items for additions to the Plan
and strikeout items for deletions.
A summary of changes to the Specific Plan text are listed below:
1 .Overall project acreage will remain the same. Overall dwelling units will decrease from
5,604 units to 5,584 units.
2.Roadway Cross Section (Figure 5A - Highway 79) has been modified to reflect the
approved Assessment District No. 1 59 street improvement plans.
3.Roadway Cross Section (Figure 5B) has been modified to reflect General Plan roadway
sections (includes raised, landscaped medians).
4.Planning Areas 1, 6, 36, 37, 38 and 39 contain language in their Planning Standards
pertaining to the Village Center. Figures 1 5A and 1 5F include references to Design
Guidelines for the Village Center.
5.Planning Areas 2, 9, 14, 27, 28 and 29A and 29B contain language which reflects their
respective change in density allowed or change in use within these areas. A pedestrian
linkage has been added between Planning Areas 27 and 28.
6.Highway 79 Landscape Development Zone (LDZ) has been decreased from fifty (50) feet
to thirty-eight (38) feet. This is to be consistent with the approved Assessment District
No. 159 street improvement plans.
7.Village Center Design Guidelines have been added.
Asummary of changes to the Specific Plan Ordinance are listed below:
1 .Deletion and addition of Planning Areas to the appropriate Ordinance Section based
upon the changes in density to the Planning Area (i.e., deletion of Planning Area 2 from
Very High Density Residential and addition of it to Medium High Density Residential,
etc.)
2.Deletion and addition of uses for Planning Areas 1, 27 and 36 which will foster a Village
Center.
R:\STAFFRPT\106PA96.CCI 12/2/96 klb 3
Villaae Center OverlU
The City's General Plan has been adopted since the last amendment to the Paloma del Sol
Specific Plan (Amendment No. 4). Figure 2-4 (Village Center Overlay) in the General Plan
includes conceptual locations for Village Centers within the City of Temecula. One such
Village Center is identified at the southwest corner of the Paloma del Sol Specific Plan. Staff
supplied Village Center criteria from the General Plan, Development Code and Draft Design
Guidelines) to the applicant at the Development Review Committee meeting. The Specific Plan
has been amended to include a Village Center on Planning Areas 1, 6, 36, 37, 38 and 39.
Language has been included to the Specific Plan Planning Standards (for each Planning Area),
Design Guidelines and the Specific Plan Ordinance to foster the design and development of the
Village Center Concept. The Specific Plan addresses mixture of uses, pedestrian oriented
design, building scale and design intensification, parking design, signage and transit provisions.
These are the areas identified in the Community Design Element of the General Plan, the Village
Center Performance Standards contained in the Development Code and the draft Village Center
Design Guidelines.
FISCAL IMPACT
None.
Attachments:
1 . City Council Ordinance No. 96- - Page 5
2. City Council Ordinance No. 96- - Page 1 0
a . Exhibit A: Conditions of Approval - Page 14
3.November 18, 1996 Planning Commission Staff Report - Page 17
R:\STAFFRff\106PA96.CCI 12/2/% klb 4
ATTACHMENT NO. 1
ORDINANCE NO. 96-
R:%STAFFRn\106PA96.CCI 12/2/% Idb 5
ATTACHMENT NO. I
ORDINANCE NO. 96-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA96-0107, CHANGING THE GENERAL PLAN LAND
USE DESIGNATION ON PLANNING AREA 2 FROM VERY
HIGH DENSITY RESIDENTIAL TO LOW-MEDIIUM
DENSITY RESIDENTIAL, PLANNING AREA 29A FROM
LOW-MEDIUM DENSITY RESIDENTIAL TO OPEN
SPACE/RECREATION, AND PORTIONS OF PLANNING
AREA I FROM COMMUNITY COMMERCIAL TO HIGH
DENSITY RESIDENTIAL AND MODIFYING FIGURE 2-4
(VILLAGE CENTER OVERLAY) OF THE GENERAL PLAN,
DELETING THE AREA CORRESPONDING TO PLANNING
AREA 2 FROM THE VILLAGE CENTER OVERLAY AND
ADDING AREAS CORRESPONDING TO PLANNING AREAS
6 AND 37 TO THE VHLAGE CENTER OVERLAY ON
PROPERTY GENERALLY LOCATED NORTH OF SR 79
SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA
ROAD AND WEST OF BUTTERFIELD STAGE ROAD
THE CITY COUNCH, OF THE CITY OF TEMECULA, STATE OF CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
Section 1. Findings, The City Council in approving Planning Application No. PA96-
0107 (General Plan Amendment), makes the following findings, to wit:
1 . Planning Application No. PA96-0107 (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. The project consists
of amendments to the General Plan Land Use Plan corresponding to Planning Area No. 2 of the
Specific Plan from (H) High Density Residential (13-20 dwelling units per acre) to (LM) Low-
Medium Density Residenfial (3-6 dwelling units per acre), Planning Area 29A of the Specific Plan
from (LM) Low-Medium Density Residential (3-6 dwelling units per acre) to (OS) Open
Space/Recreation, Planning Areas 38 and 39 of the Specific Plan from (CC) Community
Commercial to (H) High Density Residential (13-20 dwelling units per acre) and Figure 2-4
(Village Center Overlay) of the General Plan to delete the area corresponding to Planning Area
2 of the Specific Plan and add the areas corresponding to Planning Area 6 and Planning Area 37
of the Specific Plan. Ultimate development of the site will be consistent with the previously
approved Specific Plan and adjacent land uses.
R:\STAFFRPT@106PA96.CCI 12/2/96 klb
6
3. 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 area, due to the
fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219.
4. The changes proposed in the approved Specific Plan are minor and do not
increase the impacts associated with the development or the overall intensity of the development
as analyzed in the City's General Plan Environmental Impact Report or Environmental Impact
Report 235 prepared for the Paloma del Sol Project. The mitigation measures prepared for this
Environmental Impact Report (EIR) will be applied to this project.
Section 2. Environmental Co=liance, The City of Temecula General plan EIR was
certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific
Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years
since the environmental analysis was performed for this project. In addition, an Addendum to that
EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon
this information, it is Staff's opinion that due to the scope (a decrease in the overall density of the
project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect
on the previous analysis. According to Section 21166 of the California Environmental Quality
Act (CEQA), no subsequent or supplemental environmental impact report is required for the
project unless one or more of the following events occurs: substantial changes are proposed in the
project which will require major revisions of the EIR; substantial changes occur with respect to
circumstance under which the project is being undertaken which will require major revisions in
the EIR; or, new information, which was not known at the time of the EIR was certified and
complete becomes available. None of these situations have occurred; therefore, no further
environmental analysis is required. The City Council hereby determines that the project is
consistent with a project for which an Environmental Impact Report was previously certified.
Section 3. Conditions, That the City of Temecula City Council hereby approves Planning
Application No. PA96-0107 (General Plan Amendment) on property generally located north of
SR 79 South, east of Margarita Road, south of Pauba Road and west of Butterfield Stage Road.
Section 4. This Ordinance shall be in full force and effect thirty (30) days after its
passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall
publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall
be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance.
Within 15 days from 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.
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Section 5. PASSED, APPROVED, AND ADOPRED this 12th day of December, 1996.
Karel Lindemans, Mayor
ATTEST:
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA
1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 96- was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 12th day of December, 1996, 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 12th day of December, by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT:COUNCILMEMBERS
June S. Greek, City Clerk
R:\STAFF@\106PA96.CC1 12/2/96 klb 8
ATTACHMENT NO. 2
ORDINANCE NO. 96-
R:\STAFFRn\106PA96.CCI 12/2/96 kib 9
ATRACHMENT NO. 2
ORDINANCE NO. 96-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMIECULA APPROVING PLANNING APPLICATION
NO. PA96-0106 (ZONING AMENDMIENT, SPECIFIC PLAN
NO. 219) AMENDING PLANNING AREAS 1, 2, 6, 9, 14, 27,
28, 29, 36 AND 37 OF PALOMA DEL SOL SPECIFIC PLAN
AND SPECIFIC PLAN ORDINANCE AND ADDING
PLANNING AREAS 38 AND 39 TO THE PALOMA DEL SOL
SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE, ON
PROPERTY GENERALLY LOCATED NORTH OF SR79
SOUTH, EAST OF @GARrrA ROAD, SOUTH OF PAUBA
ROAD AND WEST OF BUTTERFTELD STAGE ROAD AND
KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-020-001
THROUGH 950-02"04, 950-020-009 THROUGH 950-020-025,
950-020-027, 95"20-029, 955-030-002 THROUGH 955-030-004
AND 955-030-006 THROUGH 955-030-011
T]IIE CITY COUNCIL OF THE CITY OF TEMIECULA, STATE OF CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
Section 1. Findings, The City Council in approving Planning Application No. PA96-
0106 (Zoning Amendment, Specific Plan No. 219), makes the following findings, to wit:
1 . Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan
No. 219), as proposed, is compatible with the health, safety and welfare of the community.
2. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan
No. 219) is consistent with the City's General Plan, due to the fact that the subject request is in
substantial conformance with the proposed General Plan Land Use Plan amendment and the
Village Center Overlay amendment.
3. Specific Plan No. 219 for development of Paloma del Sol was incorporated
into Amendment and Restatement of Development Agreement between the City of Temecula and
KRDC, Inc. and Mesa Homes ("Development Agreement"), the predecessor-in-interest to
Newland Associates, Applicant for Specific Plan No. 219, Amendment No. 5. The Development
Agreement was approved by the City Council of the City of Temecula and recorded on February
18, 1993 ("Effective Date") in the Official Records of the Riverside County Recorder.
The applicant and the City have agreed to include certain standards in the
Specific Plan Amendment No. 5 pertaining to the Village Center Design Guidelines and roadway
cross-sections which are now requirements of the City's current General Plan but were not
R:\STAFFRWN106PA96.CC1 12/2/96 Job 1 0
included as part of the General Plan in effect when the Development Agreement was recorded.
These agreed upon standards are:
A. The Applicant has added Design Guidelines in Section IV of Specific
Plan 219 entitled 'D. Village Center Design Guidelines".
B. The Applicant has amended the 'Arterial Highway' and 'Major
Road'cross-sections on Figures 5A and 5B of Specific Plan 219 to conform to the City's General
Plan 'Arterial Highway' and 'Major Road' cross-sections. The City further finds that the
applicant's acceptance of the City's General Plan "Arterial Highway" and "Major Highway" cross-
sections is based on certain understandings and arrangements reached with the City whereby any
costs of implementation will be reimbursed to the Applicant.
C.The Applicant has amended the '2Yighway 79' cross-section on
Figure 5B of Specific Plan219 to increase paved area and to reduce the parkway area in
accordance with current Stateof California criteria.
4.The City Council finds and determines that the changes to the existing
development approvalsfor Paloma del Sol proposed in Specific Plan 219, Amendment No. 5, are
deemed to be "minor"as defined in Section 14.3 of the Development Agreement and do not
require an amendmentto the Development Agreement. The City finds and determines that by
accepting the City's new General Plan standards of development as set forth in this Section, the
Applicant has not waived any of its vested development rights under the Development Agreement.
5. The project is compatible with surrounding land uses. The project consists
of the modification to an existing Specific Plan, with an overall reduction in density. Ultimate
development of the site will be consistent and compatible with the existing land use in the area.
6. 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 area, due to the
fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219.
7. The changes proposed in the approved Specific Plan are minor and do not
increase the impacts associated with the development or the overall intensity of the development
as analyzed in Environmental Impact Report 235. The mitigation measures prepared for this
Environmental Impact Report (EIR) will be applied to this project.
Section 2. Environmental Compliance, The City of Temecula General plan EIR was
@fied on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific
Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years
since the environmental analysis was performed for this project. In addition, an Addendum to that
EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon
this information, it is Staff s opinion that due to the scope (a decrease in the overall density of the
project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect
on the previous analysis. According to Section 21166 of the California Environmental Quality
R:%STAFFRPT\106PA96.CC1 12/2/96 klb 1 1
Act (CEQA), no subsequent or supplemental environmental impact report is required for the
project unless one or more of the following events occurs: substantial changes are proposed in the
project which will require major revisions of the EIR; substantial changes occur with respect to
circumstance under which the project is being undertaken which will require major revisions in
the EIR; or, new information, which was not known at the time of the EIR was certified and
complete becomes available. None of these situations have occurred; therefore, no further
environmental analysis is required. The City Council hereby determines that the project is
consistent with a project for which an Environmental Impact Report was previously certified.
Section 3. Conditions, That the City of Temecula City Council hereby approves Planning
Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) on property generally
located north of SR79 South, east of Meadows Parkway (north) and Margarita Road (south), south
of Pauba Road and west of Butterfield Stage Road and known as Assessor's Parcel Numbers 950-
020-001 through 950-020-004, 950-020-009 through 950-020-025, 950-020-027, 950-020-029,
955-030-002 through 955-030-004 and 955-030-006 through 955-030-011, subject to Exhibit A,
attached hereto, and incorporated herein by this reference and made a part hereof.
Section 4. This Ordinance shall be in full force and effect thirty (30) days after its
passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall
publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall
be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance.
Within 15 days from 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:\STAFFRPT\106PA96.CC1 12/2/96 kib 1 2
Section 5. PASSED, APPROVED, AND ADOPTED this 12th day of December, 1996.
Karel Lindemans, Mayor
ATTEST:
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA
1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 96- was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 12th day of December, 1996, 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 12th day of December, by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT:COUNCILMEMBERS
June S. Greek, City Clerk
R:\STAFFM\106PA96.CCI 12/2196 Idb 1 3
EXHIBIT A
CONDITIONS OF APPROVAL
R:\STAFFM\106PA96.CCI 1212/96 kib 14
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219)
Project Description: Amend Specific Plan No. 219 (Paloma del Sol), Amendment to
existing Planning Areas 1, 2, 6, 9, 14, 27, 28, 29, 36 and 37 of Paloma del Sol
Specific Plan and Specific Plan Ordinance, adding Planning Areas 38 & 39 to the
Specific Plan and Specific Plan Ordinance
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
General Requirements
1The 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 the Planning
Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) which action
is brought within the appropriate statute of limitations period and Public Resources
Code, Division 1 3, Chapter 4 (Section 21 000 ti =., 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.
2.The applicant shall comply with all underlying conditions of approval for Specific Plan
No. 21 9, and its amendments, unless superseded by these conditions of approval.
3.The amendment to the Specific Plan text shall conform with Attachment No. 7 (Specific
Plan Text)
4.The amendment to the Specific Plan Ordinance shall conform with Attachment No. 8
(Specific Plan Ordinance).
R:\STAFFRPT\106PA96.CC1 12/2/96 klb 1 5
Within Thirty (30) Days From the Second Reading of The Ordinance Approving the Amendment
5. The applicant shall submit the Amended Specific Plan text to the Planning Department.
Prior to the Certificate of Occupancy for any Building in Planning Area 1
6.The Minor Community Entry Statement identified on Figure 15A of the Specific Plan
shall be installed.
OTHER AGENCIES
7.The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District transmittal dated July 12, 1 996, a copy of which is attached.
8.The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated June 26, 1996, a copy of which is attached.
9.The applicant shall comply with the recommendations outlined in the California
Department of Transportation's transmittal dated June 1 7, 1 996, a copy of which is
attached.
10.The applicant shall comply with the recommendations outlined in the County of
Riverside Department of Environmental Health's transmittal dated November 4, 1 996,
a copy of which is attached.
R:\STAFFRPT\106PA96.CCI 12/2/96 kib 1 6
Eastern I"unicipal'warerDistrict
Gmemi Manager Beend
John B. Brudin Marion V. Astdcy. President
Fichud R- Hag, V'icc President
Lqal Commel Rodger D. Siems
Redwine and SherriJI David J. Slawson
Dimcror of The Metr@litan Wairr Clayton A- Record. Jr.
D,so7cy of @ut@ CaLifomia Semtary
Chc3tcr C. Gilbert Mary C. White
Joseph J. Kucb[cr, CPA
A
j
July 12, 1996
Matthew Fagan
Planning Department
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
SUBJECT:PA96-0106/0107 (Meadows S.P. NO. 219, Paloma Del Sol) -
Agency Case Txansmittal
Dear Mr. Fagan:
We have reviewed the materials transmitted by your of f ice which
describe the subject project. The subject project is located north
of Highway 79, west of Butterfield Stage Road, south of Pauba Road
and east of Margarita Road in the City of Temecula.
The subject project has already been submitted by the developer to
the District for review. In fact, construction has already begun
on some of the sewer facilities within the Paloma Del Sol
development. According to the provided Summary of Changes Table,
the total number of dwelling units decreases from 5604 to 5584. In
addition, the same table indicates the total commercial area
decreases from 31.5 acres to 12.5 acres. Due to the stage of sewer
facility construction and the expected relatively minor changes in
sewer flows-, the proposed land use changes do not warrant
subsequent changes in the planned sewer facility sizes. Hence, our
current plan for serving the subject project will remain unchanged.
Upon receiving notice of the proposed changes being approved, we
will update our databases to include the revised land use figures.
Mail to: Post Officc Box 8300
',I,ain Office: 2045 S. San Jacinto Avenuc, San Jacinto Customer Service / Engineering Anncx: 440 E. Oakland Avenue, Hemet, CA
Operations & M2incenance Center: 2270 Trumble Road, Perris, CA 92571 - Telephone (909) 928-3777 - Fax (909) 928-6177
San Jacinto, California 92581-8300
Telephone (909) 925-7676 Fax (909) 929-0257
Mr. Matthew Fagan
PA 96-0106/0107
July 12, 1996
Page 2
Thank you for soliciting our concerns and if you have any questions
regarding the above matter, please call me at (909) 766-1810.
Sincerely,
EASTERN MUNICIPAL WATER DISTRICT
Mike Gow, P.E.
Civil Engineer
Customer Service Department
MAG/mag
J:\MRDPROC\WP\NEW-BUSI.ll\GOW\tepaOI06.796
7
JV,'i 2 8 1996
June 26, 1996
AM&
watr Mr. Matthew Fagan
Associate Planner
City of Temecula
Li,a D. Herman Post Office Box 9033
p....... @@t Temecula, CA 92589-90')')
lVlicha.1 R. McMillan
@, %,,, P,@,.d-t SUBJECT: Water Availability
Ralph H. Daily Palt)m,,i Del Sol Specific Plan
Csaba F. Ka Planning Application No. PA96-0106
Doug Kulberv
-Jeffrey L.,@tiki.r Dear Mr. Fagan:
George @NI. Woods
Please be advised that the above-referenced propertv is located within the
.-Iohn Fl. He.nigarboundaries of Rancho California Water District (R@WD). Water service,
G@@@,,,i 'll.n@g,,,therefore, would be available upon completion of financial arrangements
Phillip L. For@between RCWD and the property owner.
E. P. "Bob" @monsThe Developer will be required to construct all on-site and off-site water
D.r,-,t., ffacilities required bv RCWD to service the individual developments. The
Kenneth C. Dealy
D.,@,t., f Op@,.Developer(s) should contact RDWD for fees and requirements.
&- -% I.,, . t e...
Pe@ R.LouckWater availability would be contingent upon the property owner signing an
Lind. ',I. Fregos.Agency Agreement which assigns water management rights, if any, to RCWD.
C. Niieh.@l Co-eetIf you have any questions, please contact an Engineerin- Services
Best. Best & Krieger
G,.@,@i C..n,@iRepresentative.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
J'
Steve Brannon, P.E.
Development Engineering Manager
%vp9t)/SB:LW:ni,,4)07/FOI2/FEF
cc:Laurie Williams, Engineerin_@ Services Manager
Rancho Cal ifomia Water District
R,, @d 1)(r,,, [I,,% @ll)(7 - T..
STATE OF CALIFORNIA-BUSINESS, TRANSPORTATI'ON AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 8, P.O. BOX 231
SAN BERNARDINO, CALIFORNIA 92AO2
TDD 1909) 383-5959
PETE WILSON, Go@ernor
July 17, 1996
08-Riv-79-17.3
Mr. Matthew Fagan
Associate Planner
Temecula Planning Department
43174 Business Park Drive
Temecula, CA 92590
Dear Mr. Fagan:
Planning Application No. PA96-0106 and
Planning Application No. PA96-0107
We have reviewed the above-referenced documents and request
consideration of the following comment:
It has been mutually discussed that the ultimate plan
for State Route 79 (SR 79) in the project area is a six
(6) lane, limited-access facility within a 1341 right
of way over a new alignment. The City of Temecula
should develop policies and procedures to preserve the
needed right of way, and maintain and improve the
current facility.
A Memorandum of Understanding (MOU) between the
State of California, Der)artment of Transportation
(Caltrans) and the city of Temecula was finalized on
November 13, 1995. This MOU serves as a guideline
for new development and upgrade or realignment of
SR-79. The following excerpts are from this MOU:
1.Route 79 is planned for up to three lanes in each
direction for through traffic and up to two lanes
in each direction for local circulation.
Realignment may be necessary upon future
development along Route 79.
Mr. Matthew Fagan
July 17, 1996
Page 2
2.The City shall hereafter protect the right-of-way
for said realignment by limiting development
approvals for South Route 79 as follows:
a.Intersections will be spaced at 1/4 mile
increments and limited access driveways at
1/8 mile spacing from Interstate 15 (I-15) to
Anza Road.
Concerning drainage, care should be taken when
developing this project to preserve and perpetuate the
existing drainage pattern of the state highway.
Particular consideration must be given to cumulative
increased storm runoff to insure that a highway
drainage problem is not created.
This project will require an encroachment permit if
there is any work, including work pertaining to:
access, grading, and drainage, within the State highway
right of way; the Department of Transportation would be
a responsible agency and may require certain measures
be provided as a condition of permit issuance.
The developer must obtain an encroachment permit from
the District 8 Permits Office prior to beginning work.
Their address and phone number are listed below:
Encroachment Permits
California Department of Transportation
P. 0. Box 231
San Bernardino, CA 92402
(909) 383-4536
If you have any questions, please contact Cecil Karstensen
at (909) 383-5922 or FAX (909) 383-7934.
Sincerely,
ROBERT G. HARVEY, Chief
Office of Riverside County
Transportation Planning and
Public Transportation
l@y Mov@r 4, 1996 4:2" -- Page 11
NOV-04-96 MON 05:25 PM ENVIRONMENTAL HEALTH FAX NO. P.01
COU,ntY of Riverside
D"" OF ONWNTAL M@Tja
DAIM:November 4,1996
TO:C= OF TEMECULA
A@: Matthew F@ As@iate P@
FROM. @JOhn C. Silva, P.E., Sr. @tic ff@th Engin=
RIE: Paloma Del Sol-F@ Conditions
This memo is to respond to the PrOPOn@ lefter of &7temb,-r 30, 1996 @@g the use of reclaimed
water thmughout the project This topic, was brougm to the 2@tion of your proponent in our July 16,
1996 memo- (COPY @hed) In Your @nents response to our memo, it states , the project could
,therefore utilize 343,000 gallons per day of recumed water for @pfion...... once EMWD implements
its Rancho Non-Dom@c Water @bution Syvm-.
The Point tbat n@ to In @ to the proponmt is @ "it should be a to
reclaimed @r @@id the proicce,,, ;as noted. S@caUy, 343,000 gdlons -per day divided by
350 gallons per household per day equates to the equivalent of the water savings of 980 dwelling units
or homes- This @ - @ng water could then be repurified at the cnt plant and reused wi@
the project Thus, the d=md to @rt water mm the projea area would be e d.
Please call me at (909) 275-8980 if you have any questions.
ATTACHMENT NO. 3
PLANNING COMMISSION STAFF REPORT: NOVEMBER 18, 1996
R:\STAFF@\106PA96.CCI 12/2/96 klb 1 7
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
November 18, 1996
Planning Application No. PA96-0106 (Zoning Amendment. Specific Plan - Paloma del Sol)
Planning Application No. PA96-0107 (General Plan Amendment)
Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184)
Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186)
Prepared By: Matthew Fagan, Associate Planner
RECOMMENDATION:The Planning Department Staff recommends the Planning
Commission:
1 .Make a determination of Consistency with a project for
which an Environmental Impact Report was previously
certified;
2.ADOPT Resolution No. 96- recommending approval of
Planning Application No. PA96-0107 (General Plan
Amendment) based upon the Analysis and Findings
contained in the Staff Report;
3.ADOPT Resolution No. 96- recommending approval of
Planning Application No. PA96-0106 (Zoning
Amendment, Specific Plan) based upon the Analysis and
Findings contained in the Staff Report subject to the
attached Conditions of Approval;
4.ADOPT Resolution No. 96- approving Planning
Application No. PA96-0108 (Revised Vesting Tentative
Tract Map No. 24184) based upon the Analysis and
Findings contained in the Staff Report subject to the
attached Conditions of Approval; and
5.ADOPT Resolution No. 96- approving PA96-0114
(Revised Vesting Tentative Tract Map No. 24186) based
upon the Analysis and Findings contained in the Staff
Report subject to the attached Conditions of Approval.
R:\STA 106PA96.PCI 11114/96 kl 1
APPLICATION INFORMATION
APPLICANT: Cal-Paloma del Sol, LLC c/o Newland Associates, Inc.
REPRESENTATIVES:Planning Application No. PA96-0107 (General Plan
Amendment): T&B Planning Consultants, Inc.
Planning Application No. PA96-0106 (Zoning Amendment,
Specific Plan): T&B Planning Consultants, Inc.
Planning Application No. PA96-0108 (Revised Vesting Tentative
Tract Map No. 24184): Keith International, Inc.
Planning Application No. PA96-0114 (Revised Vesting Tentative
Tract Map No. 24186): Keith International, Inc.
PROPOSAL: Planning Application No. PA96-0106 (Zoning Amendment,
Specific Plan): Amendment to existing Planning Areas 1, 2, 6,
9, 14, 27, 28, 29, 36 and 37 of Paloma del Sol Specific Plan
and Specific Plan Ordinance, adding Planning Areas 38 & 39 to
the Specific Plan and Specific Plan Ordinance
Planning Application No. PA96-0107 (General Plan
Amendment): Amendment to the City of Temecula General
Plan Land Use Plan and Village Center Overlay Plan to
correspond to the Paloma del Sol Specific Plan Amendment
Planning Application No. PA96-0108 (Revised Vesting Tentative
Tract Map No. 24184): Decrease the total number of lots from
210 to 156 and increase the size of residential lots from 5,000
square feet to 7,200 square feet
Planning Application No. PA96-0114 (Revised Vesting Tentative
Tract Map No. 24186): Decrease the total number of lots from
461 to 424 and increase the size of residential lots from 4,000
square feet to 6,000 square feet
LOCATION: Generally located to the east of Meadows Parkway (north) and
Margarita Road (south), south of Pauba Road, north of SR79
South, and west of Butterfield Stage Road
EXISTING ZONING: SP (Specific Plan No. 219 - Paloma del Sol)
SURROUNDING ZONING: North: SP (Specific Plan No. 199 - Margarita Village)
South:SP (Specific Plan No. 227 - Vail Ranch)
East: Low Medium and Medium Density Residential
West:Specific Plan (Specific Plan No. 219 - Paloma del
Sol), Very Low Density Residential, Professional
Office and Highway Tourist Commercial
R:\STA 106PA96.]PCI 11/14/% 2
EXISTING LAND USE: Vacant
SURROUNDING
LAND USES: North: Single-family residences
South:Vacant
East: Single-family residences and vacant
West: Single-family residences; Arco AM/PM
PROJECT STATISTICS
Planning Appl*cataon No. PA96-0106 (Zon*ng Amendment, S12ecafic Plan No. 219)
Summary of Changes from Amendment No. 4 and Amendment No. 5
OLD NUMBER OF
OLD PLANNING DWELLING
OLD LAND USE/NEW AREA/NEW OLD ACREAGEINEW UNITS/NEW
LAND USE PLANNING AREA ACREAGE NUMBER OF
DWELLING UNITS
Commercial/ 1/1 31.5/21.3 ----
Commercial
Very High Res./ 2/2 20.0/20.0 320/116
Medium High Res.
Medium High 9/9 44.0/44.0 198/135
Res./Medium Res.
Medium High 14114 49.0/49.0 2691230
Res./Medium Res.
Medium Res./Medium 28/28 30.0/26.0 135/117
Res.
Medium 28/29A ---- /4.0 ----
Res./Recreation
Area(Park)
Elementary 29/29B 10.0110.0 ----
School/Elementary
School
Commercial/Very 1/38 ---- /8.0 ---- /128
High Res.
Commercial/Very 1/39 ---- /11.0 ---- /176
High Res.
As a result of Amendment No. 5 to the Paloma del Sol Specific Plan, revisions to existing,
approved tentative tract maps will be required. Planning Application No. PA96-0108
(Revised Vesting Tentative Tract Map No. 24184) and Planning Application No. PA96-0114
(Revised Vesting Tentative Tract Map No. 24186) are discussed below.
R:\STA 106PA%.PM 11/14/% idb 3
Planning Application No. PA96-0108 (Revosed Vesting Tentative Tract Map No. 24184)
Number of Residential Lots: 136
Number of Open Space Lots: 20
Total Number of Lots: 156
Lot size: 7,200 square feet
Overall Acreage: 52.3 acres
Planning Apgllecatoon No. PA96-0114 (Revosed Vesting Tentative Tract Map No. 24186)
Number of Residential Lots: 410
Number of Open Space Lots: 14
Total Number of Lots: 424
Lot size: 6,000 square feet
Overall Acreage: 114.1 acres
BACKGROUND
Planning Applications No. PA96-0106 (Zoning Amendment, Specific Plan), PA96-0107 (General
Plan Amendment), PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) and PA96-
01 14 (Revised Vesting Tentative Tract Map No. 24186) were submitted to the Planning
Department on June 6, 1996. A Development Review Committee (DRC) meeting was held on
July 11, 1996. All applications were deemed complete on November 4, 1996.
PROJECT DESCRIPTIONS
Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan) is the fifth amendment
to the Paloma del Sol Specific Plan. Changes to the Planning Areas for Amendment No. 5 are
listed above under Project Statistics. Planning Application No. PA96-0107 (General Plan
Amendment) is required because changes to the Specific Plan will necessitate concurrent
changes to the Land Use Plan and Village Center Overlay exhibit within the City's General Plan.
Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) is a
request to decrease the overall number of proposed lots from 210 to 156. Planning Application
No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186) is a request to decrease the
overall number of proposed lots from 461 to 426.
ANALYSIS
Planning Application No. PA96-0106 (Zoning Amendment, Specofic Plan)
S12ecif@c Plan Chanaes
The project is an amendment to existing Planning Areas 1, 2, 6, 9, 14, 27, 28, 29, 36 and 37
of Paloma del Sol Specific Plan and Specific Plan Ordinance, adding Planning Areas 38 & 39 to
the Specific Plan and Specific Plan Ordinance. The changes have been reflected in the
documents transmitted to the Planning Commission in the form of redlined items for additions
to the Plan and strikeout items for deletions.
R:\STA 106PA%.PCI 11/14/96 kl
4
A summary of changes to the Specific Plan text are listed below:
1Overall project acreage will remain the same. Overall dwelling units will decrease from
5,604 units to 5,584 units.
2.Roadway Cross Section (Figure 5A - Highway 79) has been modified to reflect the
approved Assessment District No. 159 street improvement plans.
3.Roadway Cross Section (Figure 5B) has been modified to reflect General Plan roadway
sections (includes raised, landscaped medians).
4.Planning Areas 1, 6, 36, 37, 38 and 39 contain language in their Planning Standards
pertaining to the Village Center. Figures 15A and 15F include references to Design
Guidelines for the Village Center.
5.Planning Areas 2, 9, 14, 27, 28 and 29A and 29B contain language which reflects their
respective change in density allowed or change in use within these areas. A pedestrian
linkage has been added between Planning Areas 27 and 28.
6.Highway 79 Landscape Development Zone (LDZ) has been decreased from fifty (50) feet
to thirty-eight (38) feet. This is to be consistent with the approved Assessment District
No. 159 street improvement plans. Figure 25 has been modified to reflect the proposed
changes.
7.Village Center Design Guidelines have been added. The following Figures have been
added pertaining to the Village Center:
a.Figure 50A (Village Center Pedestrian Linkages and Gathering Places);
b.Figure 50B (Typical Pedestrian Linage Between Pedestrian and Park Use);
C.Figure 50C (Typical Pedestrian Connection Between Residential and Commercial
Uses); and
d. Figure 50D (Sample Signage).
Asummary of changes to the Specific Plan Ordinance are listed below:
1 .Deletion and addition of Planning Areas to the appropriate Ordinance Section based
upon the changes in density to the Planning Area (i.e., deletion of Planning Area 2 from
Very High Density Residential and addition of it to Medium High Density Residential,
etc.)
2.Deletion and addition of uses for Planning Areas 1, 27 and 36 which will foster a Village
Center.
V*Ilaae Center OverhU
The City's General Plan has been adopted since the last amendment to the Paloma de[ Sol
Specific Plan (Amendment No. 4). Figure 2-4 (Village Center Overlay) in the General Plan
includes conceptual locations for Village Centers within the City of Temecula. One such
Village Center is identified at the southwest corner of the Paloma del Sol Specific Plan. Staff
supplied Village Center criteria from the General Plan, Development Code and Draft Design
Guidelines) to the applicant at the Development Review Committee meeting. The Specific Plan
has been amended to include a Village Center on Planning Areas 1, 6, 36, 37, 38 and 39.
Language has been included to the Specific Plan Planning Standards (for each Planning Area),
Design Guidelines and the Specific Plan Ordinance to foster the design and development of the
Village Center Concept. The Specific Plan addresses mixture of uses, pedestrian oriented
design, building scale and design intensification, parking design, signage and transit provisions.
These are the areas identified in the Community Design Element of the General Plan, the Village
R:\STAFFRPT'\106PA96.PCI 11/14/96 kib 5
Center Performance Standards contained in the Development Code and the draft Village Center
Design Guidelines.
Planning Applocat*on No. PA96-0107 (General Plan Amendment)
The proposed changes to the General Plan Land Use Plan include the following:
1.Amend the General Plan Land Use Plan corresponding to Planning Area No. 2 of the
Specific Plan from (H) High Density Residential (1 3-20 dwelling units per acre) to (LM)
Low-Medium Density Residential (3-6 dwelling units per acre).
2.Amend the General Plan Land Use Plan corresponding to Planning Area 29A of the
Specific Plan from (LM) Low-Medium Density Residential (3-6 dwelling units per acre)
to (OS) Open Space/Recreation.
3.Amend the General Plan Land Use Plan corresponding to Planning Areas 38 and 39 of
the Specific Plan from (CC) Community Commercial to (H) High Density Residential (1 3-
20 dwelling units per acre).
Changes to Fogure 2-4 (Villaae Center Ove@
The proposal is to amend Figure 2-4 (Village Center Overlay) of the General Plan to delete the
area corresponding to Planning Area 2 of the Specific Plan and add the areas corresponding to
Planning Area 6 and Planning Area 37 of the Specific Plan. Planning Area 2 is proposed to be
change from Very High Density Residential to Medium High Density Residential. The Village
Center is more appropriate with higher density development.
Planning Ag)plocateon No. PA96-0108 (Revosed Vesteno Tentative Tract Magi No. 24184)
The proposed changes to Vesting Tentative Tract Map No. 24184 include the following:
1.Decrease the number of residential lots from 198 to 136.
2.Increase the number of open space lots from 12 to 20.
3.Decrease the total number of lots from 21 0 to 1 56.
4.Increase the size of lots in phases 1 through Final from 5,000 to 7,200 square feet
(minimum lot size shall remain at 5,000 square feet).
5.Revised street cross sections to incorporate landscape median islands per the City's
General Plan.
Planning Applmcatoon No. PA96-0114 (Revised Vestnno Tentative Tract Map No. 24186)
The proposed changes to Vesting Tentative Tract Map No. 24186 include the following:
1 . Decrease the number of residential lots from 445 to 410.
2.No change in the number of open space lots (14 lots).
3.Decrease the total number of lots from 462 to 424.
4.Increase the size of lots in Phase 1 from 4,000 to 6,000 square feet (minimum lot size
shall remain at 4,000 square feet).
5.Revised street cross sections to incorporate landscape median islands per the City's
General Plan.
R:\STAFFRM106PA%.PCI 11/14/96 ldb 6
EXISTING ZONING AND GENERAL PLAN DESIGNATION
Current zoning on the site is Specific Plan. No change to the zoning is requested for this
project. Several amendments are proposed to the General Plan Land Use Plan. These have
been discussed above.
ENVIRONMENTAL DETERMINATION
The City of Temecula General Plan EIR was certified on November 9, 1993. Environmental
Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County
Board of Supervisors. It has been eight (8) years since the environmental analysis was
performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for
Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staff's
opinion that due to the scope (a decrease in the overall density of the project) of the proposed
General Plan Amendment and Zoning Amendment, there will be no effect on the previous
analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no
subsequent or supplemental environmental impact report is required for the project unless one
or more of the following events occurs: substantial changes are proposed in the project which
will require major revisions of the EIR; substantial changes occur with respect to circumstance
under which the project is being undertaken which will require major revisions in the EIR; or,
new information, which was not known at the time of the EIR was certified and complete
becomes available. None of these situations have occurred; therefore, no further environmental
analysis is required. Staff is recommending the Commission make a determination of
consistency with a project for which an Environmental Impact Report was previously certified.
SUMMARY/CONCLUSIONS
The project consists of a General Plan Amendment, a Specific Plan Amendment and two (2)
revised vesting tentative tract maps. The General Plan Amendment is required to be processed
concurrent with the Specific Plan Amendment due to proposed changes to land use
designations within the Specific Plan. Overall units within the Specific Plan will decrease by
20 units (from 5,604 units to 5,584 units). A Village Center has been created at the southwest
corner of the Specific Plan. Staff feels the applicant has done a good job incorporating
language and Design Guidelines into the Specific Plan which will facilitate develoment of the
Village Center. Both revised vesting tentative maps are proposal to increase minimum lot sizes.
Based upon previous environmental review for the project, a because the project is a proposal
reduce overall project density, Staff is not requiring any additional documentation for the
project.
FINDINGS
Planning A12plicatoon No. PA96-0106 (Zonina Amendment, Sliecof*c Plan)
1 .Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219), as
proposed, is compatible with the health, safety and welfare of the community.
2.Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) is
consistent with the City's General Plan, due to the fact that the subject request is in
substantial conformance with the proposed General Plan Land Use Plan amendment and
the Village Center Overlay amendment.
R:\STA 106PA96.PCI 11/14/% iab 7
3.Specific Plan No. 219 for development of Paloma del Sol was incorporated into
Amendment and Restatement of Development Agreement between the City of Temecula
and KRDC, Inc. And Meas Homes ('Development Agreement'), the predecessor-in-
interest to Newland Associates, Applicant for Specific Plan No. 219, Amendment No.
5. The Development Agreement was approved by the City Council of the City of
Temecula and recorded on February 18, 1993 ('Effective Date') in the Official Records
of the Riverside County Recorder.
The applicant and the City have agreed to include certain standards in the Specific Plan
Amendment No. 5 pertaining to the Village Center Design Guidelines and roadway cross-
sections which are now requirements of the City's current General Plan but were not
included as part of the General Plan in effect when the Development Agreement was
recorded. These agreed upon standards are:
A.The Applicant has added Design Guidelines in Section IV of Specific Plan 219
entitled "D. Village Center Design Guidelines'.
B.The Applicant has amended the 'Arterial Highway' and 'Major Road' cross-
sections on Figures 5A and 5B of Specific Plan 219 to conform to the City's
General Plan 'Arterial Highway' and 'Major Road' cross-sections. The City
further finds that the applicant's acceptance of the City's General Plan "Arterial
Highway' and 'Major Highway' cross-sections is based on certain understandings
and arrangements reached with the City whereby any costs of implementation
will be reimbursed to the Applicant.
C.The Applicant has amended the 'Highway 79' cross-section on Figure 5B of
Specific Plan 219 to increase paved area and to reduce the parkway area in
accordance with current State of California criteria.
4.The City Council finds and determines that the changes to the existing development
approvals for Paloma del Sol proposed in Specific Plan 219, Amendment No. 5, are
deemed to be "minor" as defined in Section 14.3 of the Development Agreement and do
not require an amendment to the Development Agreement. The City finds and
determines that by accepting the City's new General Plan standards of development, the
Applicant has not waived any of its vested development rights under the Development
Agreement.
5.The project is compatible with surrounding land uses. The project consists of the
modification to an existing Specific Plan, with an overall reduction in density. Ultimate
development of the site will be consistent and compatible with the existing land use in
the area.
6.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 area, due to the fact
that the proposed land use is consistent with the overall concept of Specific Plan No.
219.
R:%STAF 106PA%.PCI 11/14/96 iab 8
7.The changes proposed in the approved Specific Plan are minor and do not increase the
impacts associated with the development or the overall intensity of the development as
analyzed in Environmental Impact Report 235. The mitigation measures prepared for
this Environmental Impact Report (EIR) will be applied to this project.
Plannona Applicatoon No. PA96-0107 (General Plan Amendment)
1 .Planning Application No. PA96-0107 (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. The project consists of
amendments to the General Plan Land Use Plan corresponding to Planning Area No. 2
of the Specific Plan from (H) High Density Residential (1 3-20 dwelling units per acre) to
(LM) Low-Medium Density Residential (3-6 dwelling units per acre), Planning Area 29A
of the Specific Plan from (LM) Low-Medium Density Residential (3-6 dwelling units per
acre) to (OS) Open Space/Recreation, Planning Areas 38 and 39 of the Specific Plan
from (CC) Community Commercial to (H) High Density Residential (1 3-20 dwelling units
per acre) and Figure 2-4 (Village Center Overlay) of the General Plan to delete the area
corresponding to Planning Area 2 of the Specific Plan and add the areas corresponding
to Planning Area 6 and Planning Area 37 of the Specific Plan. Ultimate development of
the site will be consistent with the previously approved Specific Plan and adjacent land
uses.
3.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 area, due to the fact
that the proposed land use is consistent with the overall concept of Specific Plan No.
219.
4.The changes proposed in the approved Specific Plan are minor and do not increase the
impacts associated with the development or the overall intensity of the development as
analyzed in the City's General Plan Environmental Impact Report or Environmental
Impact Report 235 prepared for the Paloma de[ Sol Project. The mitigation measures
prepared for this Environmental Impact Report (EIR) will be applied to this project.
Planning A12plication No. PA96-0108 (Revised Vestina Tentative Tract Mal2 No. 24184)
1The proposed land division and the design or improvement of the project is consistent
with the City's General Plan and is physically suitable for the type and density of
development. The General Plan Land Use designation for the site is Low-Medium
Residential (3-6 dwelling units per acre), with a target density of 4.5 dwelling units per
acre). The project proposes one hundred thirty-six (1 36) residential parcels on 52.3
acres for a density of 3.1 units per acre. This is consistent with the General Plan Land
Use designation for the site.
2.The design of the proposed land division or the type of improvements are not likely to
cause serious public health problems. The project has been reviewed for conformance
with 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 will occur
to City Standards.
R:\STAFFRM106PA%.PCI 11/14196 iab 9
3.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 DePortola Road,
Meadow Parkway and Leena Way and will not obstruct any easements.
4.Planning Application No. PA96-0108 as proposed, conforms to the logical development
of its proposed site, and is compatible with the health, safety and welfare of the
community.
Plannona Applocatoon No. PA96-0114 (Revosed Vestina Tentative Tract Mal2 No. 24186)
1 .The proposed land division and the design or improvement of the project is consistent
with the City's General Plan and is physically suitable for the type and density of
development. The General Plan Land Use designation for the site is Low-Medium
Residential (3-6 dwelling units per acre), with a target density of 4.5 dwelling units per
acre). The project proposes four hundred ten (410) residential parcels on 141.1 acres
for a density of 2.9 units per acre. This is consistent with the General Plan Land Use
designation for the site.
2.The design of the proposed land division or the type of improvements are not likely to
cause serious public health problems. The project has been reviewed for conformance
with 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 will occur
to City Standards.
3.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 Meadows Parkway
and Leena Way, and will not obstruct any easements.
4.Planning Application No. PA96-0114 as proposed, conforms to the logical development
of its proposed site, and is compatible with the health, safety and welfare of the
community.
R:NSTAFFRP'nlO6PA96.PCI 11/14/96 iab 10
Attachments:
1PC Resolution (Planning Application No. PA96-0106 - Zoning Amendment, Specific Plan
No. 219) - Blue Page 12
a.Conditions of Approval - Blue Page 17
2.PC Resolution (Planning Application No. PA96-0107 - General Plan Amendment) - Blue
Page 20
3.PC Resolution (Planning Application No. PA96-0108 - Revised Vesting Tentative Tract
Map No. 24184) - Blue Page 24
a.Conditions of Approval - Blue Page 28
4.PC Resolution (Planning Application No. PA96-0114 - Revised Vesting Tentative Tract
Map No. 24186) - Blue Page 34
a.Conditions of Approval - Blue Page 38
5.Initial Study - Blue Page 44
6.Exhibits - Blue Page 53
A.Vicinity Map: Planning Application No. PA96-0106
B.Vicinity Map: Planning Application No. PA96-0108
C.Vicinity Map: Planning Application No. PA96-0114
D.Paloma del Sol Land Use Map (Amendment No. 4)
E.Paloma del Sol Land Use Map (Amendment No. 5)
F.General Plan Land Use Plan Amendment
G.General Plan Land Use Plan Amendment
H.Village Center Overlay Amendment
1. Revised Vesting Tentative Tract Map No. 24184
J.Revised Vesting Tentative Tract Map No. 24186
7.Specific Plan Text - Blue Page 54
8. Specific Plan Ordinance - Blue Page 55
R:\STAFFRPnlO6PA96.PCl 11/14196 kh 1 1
ATTACHMENT NO. 1
RESOLUTION NO. 96-_
R:KSTA 106PA96.PCI 11/14/96 kZ 12
ATTAC NO.1
PC RESOLUTTON NO. 96-
A RESOLUTTON OF THE PLANNING COMMISSION OF
THE CITY OFRECO ING APPROVAL
OF PLANNINGAPPLICATION NO. PA96-0106 (ZONING
AMENDMENT,SPECMC PLAN NO. 219) AMENDING
PLANNING AREAS1, 2, 6, 9, 14, 27, 28, 29, 36 AND 37 OF
PALOMA DEL SOL SPECIFIC PLAN AND SPECMC PLAN
ORDINANCE AND ADDING PLANNING AREAS 38 AND 39
TO THE PALOMA DEL SOL SPECMC PLAN AND
SPECMC PLAN ORDINANCE, ON PROPERTY
GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST
OF MARGARrrA ROAD, SOUTH OF PAUBA ROAD AND
WEST OF B LD STAGE ROAD AND KNOWN AS
ASSESSOR'S PARCEL NUMEBERS 950-020-001 THROUGH
950-020-004, 950-020-009 THROUGH 950-020-025, 950-020-
027, 950-020-029, 955-030-002 THROUGH 955-030-004 AND
955-030-006 THROUGH 955-030-011
WHEREAS, Newland Associates filed Planning Application No. PA96-0106 (Zoning
Amendment, Specific Plan No. 219) in accordance with the City of Temecula General Plan and
Development Code, which the City has adopted by reference;
WHEREAS, Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan
No. 219) was processed in the time and manner prescribed by State and local law;
, the Planning Commission considered Planning Application No. PA96-0106
(Zoning Amendment, Specific Plan No. 219) on November 18, 1996, 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;
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating
to Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219);
NOW, THEREFORE, THE PLANNING COMMISSION OF THE C= OF
TEMIECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
R:\STAFF@106PA%.PCI 11/14/% M 1 3
Section 2. Findings, The Planning Commission in recommending approval of Planning
Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219), makes the following
findings, to wit:
1. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan
No. 219), as proposed, is compatible with the health, safety and welfare of the community.
2. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan
No. 219) is consistent with the City's General Plan, due to the fact that the subject request is in
substantial conformance with the proposed General Plan Land Use Plan amendment and the
Village Center Overlay amendment.
3. Specific Plan No. 219 for development of Paloma del Sol was incorporated
into Amendment and Restatement of Development Agreement between the City of Temecula and
KRDC, Inc. And Meas Homes ('Development Agreement'), the predecessor-in-interest to
Newland Associates, Applicant for Specific Plan No. 219, Amendment No. 5. The Development
Agreement was approved by the City Council of the City of Temecula and recorded on February
18, 1993 ('Effective Date') in the Official Records of the Riverside County Recorder.
The applicant and the City have agreed to include certain standards in the
Specific Plan Amendment No. 5 pe@g to the Village Center Design Guidelines and roadway
cross-sections which are now requirements of the City's current General Plan but were not
included as part of the General Plan in effect when the Development Agreement was recorded.
These agreed upon standards are:
A. The Applicant has added Design Guidelines in Section IV of Specific
Plan 219 entitled 'D. Village Center Design Guidelines'.
B. The Applicant has amended the Mrterial Highway' and 'Major
Road'cross-sections on Figures 5A and 5B of Specific Plan 219 to conform to the City's General
Plan 'Arte?ial Highway' and 'Major Road' cross-sections. The City further finds that the
apphcant's acceptance of the City's General Plan 'Arterial Highway' and 'Major Highway' cross-
sections is based on certain understandings and arrangements reached with the City whereby any
costs of implementation will be reimbursed to the Applicant.
C. The Applicant has amended the 'Highway 79' cross-section on
Figure 5B of Specific Plan 219 to increase paved area and to reduce the parkway area in
accordance with current State of California criteria.
4.The City Council finds and determines that the changes to the existing
development approvalsfor Paloma del Sol proposed in Specific Plan 219, Amendment No. 5, are
deemed to be 'minor'as defined in Section 14.3 of the Development Agreement and do not
require an amendmentto the Development Agreement. The City finds and determines that by
R:\STAFFRP'nlO6PA96.PCI 11114/% M 1 4
accepting the City's new General Plan standards of development, the Applicant has not waived
any of its vested development rights under the Development Agreement.
5. The project is compatible with surrounding land uses. The project consists
of the modification to an existing Specific Plan, with an overall reduction in density. Ultimate
development of the site will be consistent and compatible with the existing land use in the area.
6. 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 area, due to the
fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219.
7. The changes proposed in the approved Specific Plan are minor and do not
increase the impacts associated with the development or the overall intensity of the development
as analyzed in Environmental Impact Report 235. The mitigation measures prepared for this
Environmental Impact Report (EIR) will be applied to this project.
Section 3. Environmental Compliance, The City of Temecula General plan EIR was
certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific
Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years
since the environmental analysis was performed for this project. In addition, an Addendum to that
EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon
this information, it is Staff's opinion that due to the scope (a decrease in the overall density of the
project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect
on the previous analysis. According to Section 21166 of the California Environmental Quality
Act (CEQA), no subsequent or supplemental environmental impact report is required for the
project unless one or more of the following events occurs: substantial changes are proposed in the
project which will require major revisions of the EIR; substantial changes occur with respect to
circumstance under which the project is being undertaken which will require major revisions in
the EIR; or, new information, which was not known at the time of the EIR was certified and
complete becomes available. None of these situations have occurred; therefore, no further
environmental analysis is required. Staff is recommending the Commission make a determination
of consistency with a project for which an Environmental Impact Report was previously certified.
Section 4. Conditions, That the City of Temecula Planning Commission hereby
recommends approval of Planning Application No. PA96-0106 (Zoning Amendment, Specific
Plan No. 219) on property generally located north of SR79 South, east of Meadows Parkway
(north) and @garita Road (south), south of Pauba Road and west of Butterfield Stage Road and
known as Assessor's Parcel Numbers 950-020-001 through 950-020-004, 950-020-009 through
950-020-025, 950-020-027, 950-020-029, 955-030-002 through 955-030-004 and 955-030-006
through 955-030-011, subject to the following conditions:
A. Exhibit A, attached hereto, and incorporated herein by this reference and made a
part hereol
R:XSTA 106PA96.PCl 11114/96 kk 1 5
Section 5. PASSED, APPROVED AND ADOPTED this 18th day of November, 1996.
Linda Fahey, Chairman
I HEREBY CER@ that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of
November, 1996 by the following vote of the Commission:
AYES:PLANNING COMMISSIONERS:
NOES:PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:\STAFFRPI'\106PA%.PM 11/141% kh 1 6
EXHIBIT A
CONDITIONS OF APPROVAL
R:\STAFF@106PA%.PCi 11/14/96 kh 1 7
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219)
Project Description: Amend Specific Plan No. 219 (Paloma del Sol), Amendment to
existing Planning Areas 1, 2, 6, 9, 14, 27, 28, 29, 36 and 37 of Paloma del Sol
Specific Plan and Specific Plan Ordinance, adding Planning Areas 38 & 39 to the
Specific Plan and Specific Plan Ordinance
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
General Requirements
1 .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
the Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219)
which action is brought within the appropriate statute of limitations period and Public
Resources Code, Division 13, Chapter 4 (Section 21000 @ =., 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.
2.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.
3.The amendment to the Specific Plan text shall conform with Attachment No. 7
(Specific Plan Text)
4.The amendment to the Specific Plan Ordinance shall conform with Attachment No. 8
(Specific Plan Ordinance).
R:\STAFFRP'nlO6PA96.PCl 11/14/96 M 18
Within Thirty (30) Days From the Second Reading of The Ordinance Approving the
Amendment
5.The applicant shall submit the Amended Specific Plan text to the Planning
Department.
Prior to the Certificate of Occupancy for any Building in Planning Area 1
6.The Minor Community Entry Statement identified on Figure 15A of the Specific Plan
shall be installed.
OTHER AGENCIES
7.The applicant shall comply with the recommendations outlined in the Eastern
Municipal Water District transmittal dated July 12, 1996, a copy of which is
attached.
8.The applicant shall comply with the recommendations outlined in the Rancho
California Water District transmittal dated June 26, 1996, a copy of which is
attached.
9.The applicant shall comply with the recommendations outlined in the California
Department of Transportation's transmittal dated June 17, 1996, a copy of which is
attached.
10.The applicant shall comply with the recommendations outlined in the County of
Riverside Department of Environmental Health's transmittal dated November 4,
1996, a copy of which is attached.
R:\STA 106PA%.PCI 11/14/% IA 19
Eastern municipal'%, aterdistrict
Gmeml,tlanag@
John B- Brudin
Legal Coumel
Redwine and SherriD
Dirrcyor ofthe Metropolitan Water
D,,mct of So.the- @rftmw
Chester C. Gilbert
Joseph J. Kueblcr, CPA
Boird ofDimmyT
Marion V. AsMey, President
Ri@d F- H@, Vice PrcsidcnE
Rodger D. Sicms
D2Vid J. Slawson
Clayton A. Record, Jr.
Semzary
Mary C. White
July 12, 1996
Matthew Fagan
Planning Department
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
SUBJECT:PA96-0106/0107 (Meadows s.p. NO. 219, Paloma Del Sol)
Agency Case Transmittal
Dear Mr. Fagan:
We have reviewed the materials transmitted by your of f ice which
describe the subject project. The subject project is located north
of Highway 79, west of Butterfield Stage Road, south of Pauba Road
and east of Margarita Road in the City of Temecula.
The subject project has already been submitted by the developer to
the District for review. In fact, construction has already begun
on some of the sewer facilities within the Paloma Del Sol
development. According to the provided Summary of Changes Table,
the total number of dwelling units decreases from 5604 to 5584. In
addition, the same table indicates the total commercial area
decreases from 31.5 acres to 12.5 acres. Due to the stage of sewer
facility construction and the expected relatively minor changes in
sewer flows',, the proposed land use changes do not warrant
subsequent changes in the planned sewer facility sizes. Hence, our
current plan for serving the subject project will remain unchanged.
Upon receiving notice of the proposed changes being approved, we
will update our databases to include the revised land use figures.
San Jacinto, California 92581-8300
Mail to: Post Office Box 8300
Main Office: 2045 S. San Jacinto Avenue, San Jacinto Customer Service / Engineering Annex: 440 E. Oakland Avenue, Hemet, CA
Operations & Maintenance Center: 2270 Trumble Road, Perris, CA 92571 Telephone (909) 928-3777 Fax (909) 928-6177
Telephone (909) 925-7676 Fax (909) 929-0257
Mr. Matthew Fagan
PA 96-0106/0107
July 12, 1996
Page 2
Thank you for soliciting our concerns and if you have any questions
regarding the above matter, please call me at (909) 766-1810.
Sincerely,
EASTERN MUNICIPAL WATER DISTRICT
Mike Gow, P.E.
Civil Engineer
Customer Service Department
MAG/inag
J:\WORDPROC\WP\NEW BUSI.ll\GO@tepaOlO6.796
-7
2 1996
June 26, 1996 4,js'd...........
Banda
Watr
Mr. Matthew Fagan
Associate Planner
.... ... City of Temecula
Li.a D. H@@a. Post Office Box 90-n) 3
Temecula, CA 925,S9-90@)3
lp% I' i'@"h"'a' @' I R. M c M i I I a n
@, %,,@ P,@@,@d@@L SUBJECT:
Ralph H. Daily
Csaba F. Ka
D,)ug R.Iberg
Water Availability
Palom,,i De] Sol Specific Plan
Planning Application No. PA96-0106
J@ffr,, L.,Nlinkl@rDear Mr. Fagan:
George,',I. Woods
Ofl-,cer.,Please be advised that the above-referenced property is located within the
-John F. He.nigarboundaries of Rancho California Water District (RCWD). Water service,
G@,,,,.ltherefore, would be available upon completion of financial arrangements
Phillip L. Fortwsbetween RCWD and the property owner.
D@r,,,.r f Fi...
E - P. "Bob" LemonsThe Developer will be required to construct all on-site and off-site water
ffacilities required by RCWD to service the individual developments. The
Kenneth C. DealyDeveloper(s) should contact RDWD for fees and requirements.
P@@ R. Lo.@kWater availability would be contingent upon the propertv owner signing an
Linda Ni. Freg...Agency Agreement which assigns water management right@, if any, to RCWD.
C. Ilichael CowettIf you have any questions, please contact an Engineering Services
Bt@st, Best & KriegerRepresentative.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
J,
Steve Brannon, P.E.
Development Engineering Mana(yer
wp96/SB:LW:ni-007/FOI2/FEF
cc:Laurie Williams, Enginecrini,, Services Manager
Rancho C.lifomi.@t Water District
1213.@, R,,,d - P,,@t R(,, @)(11, - T
STATE OF CALIFORNIA-BUSINESS, TRANSPOR.. @N AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 8, P@C BOX 231
SAN BERNARDINO, CALIFORNIA 92402
TDD (909) 383-5959
PETE WILSON, Governor
------------
July 17, 1996
08-Riv-79-17.3
Mr. Matthew Fagan
Associate Planner
Temecula Planning Department
43174 Business Park Drive
Temecula, CA 92590
Dear Mr. Fagan:
Planning Application No. PA96-0106 and
Planning Application No. PA96-0107
We have reviewed the above-referenced documents and request
consideration of the following comment:
It has been mutually discussed that the ultimate plan
for State Route 79 (SR 79) in the project area is a six
(6) lane, limited-access facility within a 1341 right
of way over a new alignment. The City of Temecula
should develop policies and procedures to preserve the
needed right of way, and maintain and improve the
current facility.
A Memorandum of Understanding (MOU) between the
State of California, DeDartment of Transportation
(Caltrans) and the city of Temecula was finalized on
November 13, 1995. This MOU serves as a guideline
for new development and upgrade or realignment of
SR-79. The following excerpts are from this MOU:
1.Route 79 is planned for up to three lanes in each
direction for through traffic and up to two lanes
in each direction for local circulation.
Realignment may be necessary upon future
development along Route 79.
Mr. Matthew Fagan
July 17, 1996
Page 2
2.The City shall hereafter protect the right-of-way
for said realignment by limiting development
approvals for South Route 79 as follows:
a.Intersections will be spaced at 1/4 mile
increments and limited access driveways at
1/8 mile spacing from Interstate 15 (I-15) to
Anza Road.
Concerning drainage, care should be taken when
developing this project to preserve and perpetuate the
existing drainage pattern of the state highway.
Particular consideration must be given to cumulative
increased storm runoff to insure that a highway
drainage-problem is not created.
This project will require an encroachment permit if
there is any work, including work pertaining to:
access, grading, and drainage, within the State highway
right of way; the Department of Transportation would be
a responsible agency and may require certain measures
be provided as a condition of permit issuance.
The developer must obtain an encroachment permit from
the District 8 Permits Office prior to beginning work.
Their address and phone number are listed below:
Encroachment Permits
California Department of Transportation
P. 0. Box 231
San Bernardino, CA 92402
(909) 383-4536
If you have any questions, please contact Cecil Karstensen
at (909) 383-5922 or FAX (909) 383-7934.
Sincerely,
ROBERT G. HARVEY, Chief
Office of Riverside County
Transportation Planning and
Public Transportation
N.-,@, 4 1996 4-29 -- Page I
NOV-04-96 MON 05:25 PH ENV@ iENTAL HEALTH FAX NO. P.01
County of Riverside
DEPARTMENT OF ENVIRONM[ENTAL REALTjg
DATE:November 4,1996
TO:CnT OF TEMECULA
ATTN. Matthew Fagan, As@iate P@
FROM- @lohii C. Silva, P.E., Sr. PubJic Health Engineer
RE: Paloma Del Sol-F@ Conditions
This memo is to respond to the PrOPOncnts lefter of Septerciber 30, 1996 reg@g the use of reclaimed
water throughout the project- This topic was brought to the =mtion of your proponent ju our July 16,
1996 memo, (copy attached) In your Imponents response to oUr memo, it ' the project could
therefore utilize 343,000 gallons per day of reclaimed water for @gation...... once EMWD @lements
its Rancho Non-DomesticWater @bution Sy@.
'Tbe point that n@ to be @ to the proponent is @ "it should be a to
r=laimed @r throughout the projece' as noW& S early, 343,000 gallons per day divided by
350 gallons per household per day eq@ to the @valent of the water sa@ of 980 dwelling units
or homes- This fresh - @ng water could then be repurified at the, cnt plant and reused WI@
the projea area. Thus, the dmmd to @rt water inM the project area would be e d.
Please call me at (909) 275-8990 if you have any questions.
ATTACHMENT NO. 2
RESOLUTION NO. 96-
R:\STA 106PA%.PCl 11/14/% M 20
ATTAC NO.2
PC RESOLUTION NO. 96-_
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RECO ING APPROVAL
OF PLANNING APPLICATION NO. PA96-0107, CHANGING
THE GENERAL PLAN LAND USE DESIGNATION ON
PLANNING AREA 2 FROM VERY HIGH DENSITY
RESIDENTIAL TO LOW-@RM DENSITY
RESIDENTIAL, PLANNING AREA 29A FROM LOW-
MEDIIUM DENSITY RESIDENTIAL TO OPEN
SPACE/RECREATTON, AND PORTIONS OF PLANNING
AREA 1 FROM CO CO CIAL TO HIGH
DENSITY RESIDENTIAL AND MOD G FTGURE 2-4
(VILLAGE CENTER 0 Y) OF THE GENERAL PLAN,
DEI ETING THE AREA CORRESPONDING TO PLANNING
AREA 2 FROM THE VILLAGE CENTER OVERLAY AND
ADDING AREAS CORRESPONDING TO PLANNING AREAS
6 AND 37 TO THE VILLAGE CENTER OVERLAY ON
PROPERTY GENERALLY LOCATED NORTH OF SR 79
SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA
ROAD AND WEST OF B LD STAGE ROAD
WHEREAS, Newland Associates filed Planning Application No. PA96-0107 (General
Plan Amendment) in accordance with the City of Temecula General Plan;
WHEREAS, Planning Application No. PA96-0107 (General Plan Amendment) was
processed in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA96-0107
(General Plan Amendment) on November 18, 1996, 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;
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating
to Planning Application No. PA96-0107 (General Plan Amendment);
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
R:\STAFFRP'nlO6PA96.PCI 11/14/96 kl 2 1
Sedion 2. Findinp,-,;- The Planning Commission in recommending approval of Planning
Application No. PA96-0107 (General Plan Amendment), makes the following findings, to wit:
1 . Planning Application No. PA96-0107 (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. The project consists
of amendments to the General Plan Land Use Plan corresponding to Planning Area No. 2 of the
Specific Plan from (H) High Density Residential (13-20 dwelling units per acre) to (LM) Low-
Medium Density Residential (3-6 dwelling units per acre), Planning Area 29A of the Specific Plan
from (LM) Low-Medium Density Residential (3-6 dwelling units per acre) to (OS) Open
Space/Recreation, Planning Areas 38 and 39 of the Specific Plan from (CC) Community
Commercial to (H) High Density Residential (13-20 dwelling units per acre) and Figure 2-4
(Village Center Overlay) of the General Plan to delete the area corresponding to Planning Area
2 of the Specific Plan and add the areas corresponding to Planning Area 6 and Planning Area 37
of the Specific Plan. Ultimate development of the site will be consistent with the previously
approved Specific Plan and adjacent land uses.
3. 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 area, due to the
fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219.
4. The changes proposed in the approved Specific Plan are minor and do not
increase the impacts associated with the development or the overall intensity of the development
as analyzed in the City's General Plan Environmental Impact Report or Environmental Impact
Report 235 prepared for the Paloma del Sol Project. The mitigation measures prepared for this
Environmental Impact Report (EIR) will be applied to this project.
Section 3. Environmental Comi2liance, The City of Temecula General plan EIR was
certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific
Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years
since the environmental analysis was performed for this project. In addition, an Addendum to that
EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon
this information, it is Staffs opinion that due to the scope (a decrease in the overall density of the
project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect
on the previous analysis. According to Section 21166 of the California Environmental Quality
Act (CEQA), no subsequent or supplemental environmental impact report is required for the
project unless one or more of the following events occurs: substantial changes are proposed in the
project which will require major revisions of the EIR; substantial changes occur with respect to
circumstance under which the project is being undertaken which will require major revisions in
the EIR; or, new information, which was not known at the time of the EIR was certified and
complete becomes available. None of these situations have occurred; therefore, no further
environmental analysis is required. Staff is recommending the Commission make a determination
R:NSTA 106PA%.@ 11/14/% ki 22
of consistency with a project for which an Environmental Impact Report was previously certified.
Section 4. Conditions, That the City of Temecula Planning Commission hereby
recommends approval of Planning Application No. PA96-0107 (General Plan Amendment) on
property generally located north of SR 79 South, east of @garita Road, south of Pauba Road
and west of Butterfield Stage Road.
Section 5. PASSED, APPROVED AND ADOPTED this 18th day of November, 1996.
Linda Fahey, Chairman
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 18th day of
November, 1996 by the following vote of the Commission:
AYES:PLANNING COMMISSIONERS:
NOES:PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONIERS:
Debbie Ubnoske, Secretary
R:\STA 106PA96.PCI 11/14/% M 23
ATTACHMENT NO. 3
RESOLUTION NO. 96-
R:%STAFFRP'nlO6PA96.PCI 11114/96 kib 24
ATTAC NO. 3
PC RESOLMON NO. 96-
A RESOLUTTON OF THE PLANNING CO
SION OF
THE CITY OF TEMEECULA APPROVING PLANNING
APPLICATION NO. PA96-0108 (REVISED VESTING
TENTATI[VE TRACT MAP NO. 24184) TO REVISE THE
SUBDWEION FROM TWO HUNDRED TEN (210) PARCELS
INTO 156 PARCELS (136 RESIDENTL4,L AND 20 OPEN
SPACE) ON 52.3 ACRES LOCATED WEST OF
CAMIPANULA WAY, NORTH OF DEPORTOLA ROAD,
EAST OF M[EADOWS PARKWAY AND SOUTH OF LEENA
WAY AND KNOWN AS ASSESSORIS PARCEL NUMEBERS
950-020-013 AND 950-020-014
WHEREAS, Newland Associates filed Planning Application No. PA96-0108 in
accordance with the City of Temecula General Plan and Riverside County Land Use and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, Planning Application No. PA96-0108 was processed in the time and manner
prescribed by State and local law;
, the Planning Commission considered Planning Application No. PA96-0108
on November 18, 1996, 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;
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. PA96-0108;
NOW, THEREFORE, THE PLANNING COMM]ISSION OF THE CITY OF
TEMIECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings, That the Temecula Planning Commission hereby makes the
following findings, to wit:
R:\STAFF@106PA%.PCI 11/14196 ki 25
1. The proposed land division and the design or improvement of the project
is consistent with the City's General Plan and is physically suitable for the type and density of
development. The General Plan Land Use designation for the site is Low-Medium Residential (3-
6 dwelling units per acre), with a target density of 4.5 dwelling units per acre). The project
proposes one hundred thirty-six (136) residential parcels on 52.3 acres for a density of 3.1 units
per acre. This is consistent with the General Plan Land Use designation for the site.
2. The design of the proposed land division or the type of improvements are
not likely to cause serious public health problems. The project has been reviewed for
conformance with the City's General Plan, Development Code, Subdivision and Landscaping
Ordumces. The project is consistent with these documents and conditions of approval have been
placed on the project accordingly to assure that the development will occur to City Standards.
3. 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 DePortola Road,
Meadow Parkway and Leena Way and will not obstruct any easements.
4. Planning Application No. PA96-0108 as proposed, conforms to the logical
development of its proposed site, and is compatible with the health, safety and welfare of the
community.
Section 3. Environmental ComWiance, The City of Temecula General Plan EIR
was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for
Specific Plan No. 219 and was certified by the County Board of Supervisors. It has been eight
(8) years since the environmental analysis was performed for this project. In addition, an
Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific
Plan. Based upon this information, it is Staff's opinion that due to the scope (a decrease in the
overall density of the project) of the proposed General Plan Amendment and Zoning Amendment,
there will be no effect on the previous analysis. According to Section 21166 of the California
Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report
is required for the project unless one or more of the following events occurs: substantial changes
are proposed in the project which will require major revisions of the EIR; substantial changes
occur with respect to circumstance under which the project is being undertaken which will require
major revisions in the EIR; or, new information, which was not known at the time of the EIR was
certified and complete becomes available. None of these situations have occurred; therefore, no
further environmental analysis is required. Staff is recommending the Commission make a
determination of consistency with a project for which an Environmental Impact Report was
previously certified.
R:%STA 106PA%.PCl 11/14196 M 26
Section 4. Conditions, That the City of Temecula Planning Commission hereby approves
Planning Application No. PA96-0108 to revise the subdivision from two hundred ten (210) parr-els
into 156 parcels (136 residential and 20 open space) on 52.3 acres, located west of Campanula
Way, north of DePortola Road, east of Meadows Parkway and south of Leena Way and known
as Assessor's Parcel Numbers 950-020-013 and 950-020-014, subject to Exhibit A, attached
hereto, and incorporated herein by this reference and made a part hereof.
Section 5. PASSED, APPROVED AND ADOPTED this 18th day of November, 1996.
Linda Fahey, Chairman
I HEREBY CERTEFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of
November, 1996 by the following vote of the Commission:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT:PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:\STAF 106PA96.PM 11/14/96 kh 27
EXHIBIT A
CONDITIONS OF APPROVAL
R:\STA 106PA96.PCI 11/14/% kk 28
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No.
24184)
Project Description: A revised subdivision of 52.3 acres from 210 parcels into 156
parcels (136 residential and 20 open space)
Assessor's Parcel No.: 950-020-013 and 950-020-014
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1 .The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Seventy-Eight Dollars
($78.00) County administrative fee, to enable the City to file the Notice of
Determination with a DeMinimus Finding required under Public Resources Code Section
21108(b) and California Code of Regulations Section 15075. If within said forty-eight
(48) hour period the applicant/developer has not delivered to the Planning Department
the check as required above, the approval for the project granted shall be void by reason
of failure of condition, Fish and Game Code Section 711.4(c).
GeneralRequirements
2.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. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) which action is
brought within the appropriate statute of limitations period and Public Resources Code,
Division 13, Chapter 4 (Section 21000 rd =., including but not by the way of
limitations Section 21152 and 21167). City shall promptly notify the
developer/applir-ant 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.
R:\STAP 106PA%.PCI II/14/% M 29
3.This project and all subsequent projects within this site shall be consistent with the
Paloma del Sol Specific Plan No. 219, Amendment No. 5 (or any subsequent
amendments).
4.The project and all subsequent projects within this site shall comply with all mitigation
measures identified within EIR No. 235.
5.The applicant shall comply with all underlying conditions of approval for Vesting
Tentative Tract Map No. 24184 unless superseded by these conditions of approval.
Prior to Issuance of Grading Permits
6.A copy of the Rough Grading plans shall be submitted and approved by the Planning
Director.
7.A qualified paleontologist/archaeologist shall be chosen by the developer for
consultation and comment on the proposed grading with respect to potential
paleontological/archaeological impacts. Should the paleontologist/archaeologist find
potential is high for impact to significant resources, a meeting between the
paleontologist/archaeologist, Planning Director, and grading contractor prior to the
commencement of grading operations and the excavation and grading contractor shall
be arranged. Mitigation measures shall be approved by the Planning Director and
included in a Mitigation Monitoring Program. When necessary, the
paleontologist/archaeologist or representative shall have the authority to temporarily
divert, redirect or halt grading activity to allow recovery of fossils.
8.The applicant shall demonstrate by submittal of a written report that all mitigation
measures identified in the Mitigation Monitoring Program have been satisfied for this
stage of the development.
Prior to Recordation of the Final Map
9.The following shall be submitted to and approved by the Planning Director:
a.A copy of the Final Map
b. A copy of the Rough Grading Plans
Prior to Issuance of Building Permits
10.A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Planning Department to ensure the payment or exemption from School Mitigation
f ees.
11.The following shall be submitted to and approved by the Planning Director:
a.Construction landscape glans consistent with the City standards and the
approved Conceptual Landscape Plans 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 for:
R:KSTA 106PA%.PCl 11/14/% M 30
i.Front yards and slopes within individual lots prior to issuance of building
permits for any lot(s).
b.Wall and fence plans consistent with the Conceptual Landscape Plans.
C.Precise grading plans consistent with the approved rough grading plans including
all structural setback measurements.
d.Slope trees shall be a maximum of fifteen gallon in size.
e.The Model Home Complex Plot Plan (if applicable) which includes the following:
i.Site Plan with off-street parking
ii.Construction Landscape Plans
iii.Fencing Plans
iv.Building Elevations
V.Floor Plans
vi.Materials and Colors Board
12.The applicant shall demonstrate by a written report that all mitigation measures
identified in the Mitigation Monitoring Program have been satisfied for this stage of the
development.
Prior to Issuance of Occupancy Permits
13.Front yard and slope landscaping within individual lots shall be completed for
14.The applicant shall demonstrate by a written report that all mitigation measures
identified in the Mitigation Monitoring Program have been satisfied for this stage of the
development.
COMMUNITY SERVICES DEPARTMENT
General Requirements
1 5.The dedication of the parkway landscaping, median landscaping, paseo areas and park
sites to the City shall be consistent with Development Agreement No. 5, any
agreements authorized by the Development Agreement, and in conformance with all
applicable TCSD standards.
16.Construction of the public park sites, landscaping, paseos and median landscaping
proposed for dedication to the City shall commence as directed by the TCSD following
a pre-job meeting with the TCSD Maintenance Superintendent.
R:\STA 106PA%.PCI 11/14/% ki 31
1 7.The developer, or successors in interest, shall maintain all park facilities, landscaping,
and medians until such time as those responsibilities are accepted by the TCSD.
18.All park facilities intended for transfer to the City 'in-fee' shall be dedicated free and
clear of any liens, assessments, or easement that would preclude the City from using
the property for public park purposes. A policy of title insurance and a soils assessment
report shall also be provided with the dedication of the property.
1 9.Class 11 Bike Lanes shall be provided on site and designed to intercept with the City's
Park and Recreation Master Plan. Bike lanes shall be constructed in conjunction with
the completion of the street improvements.
Priorto the Recordation of the Final Map
20.All parkway landscaping and paseos identified as TCSD maintenance areas shall be
offered for dedication on the final map, unless otherwise deferred pursuant to the terms
of the Development Agreement.
21.Construction plans for the median landscaping, parkway landscaping, paseos, and park
sites proposed for dedication to the City shall be reviewed and approved by the Director
of Community Services.
22.The developer shall post security and enter into an agreement to improve the median
landscaping, parkway landscaping, paseos, landscaped medians and park facilities
proposed for dedication to the City.
Prior to the Issuance of Building Permits
23.The developer shall file an application and pay the appropriate monthly service fees for
the transfer of arterial and residential street lighting into the TCSD maintenance
program.
Prior to the Issuance of Certificates of Occupancy
24.It shall be the developer's responsibility to disclose the existence of the Temecula
Community Services District and its service level fees and taxes to all prospective
purchasers. This disclosure shall be in the format acceptable to the City and filed with
the TCSD.
R:\STAF 106PA%.PCI 11/14/96 ia 32
OTHER AGENCIES
25.The applicant shall comply with the flood control recommendations outlined in the
Riverside County Flood Control District's letter dated July 23, 1996, a copy of which
is attached. If the project lies within an adopted flood control drainage area pursuant
to Section 10.25 of City of Temecula Land Division Ordinance No. 460, appropriate fees
for the construction of area drainage facilities shall be collected by the City prior to
issuance of Occupancy Permits.
26.The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District transmittal dated July 10, 1996, a copy of which is attached.
27.The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated June 26, 1996, a copy of which is attached.
R:\STAFFRM106PA%.PCl 11/14/96 idb 33
DAVID P. ZAPPE 1995 MARKET STREET
(teneral Managcr-Chicf EnginecrRIVERSIDE, CA 92501
9091275-1200
909/788-9965 FAX
7829.1
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
City of Temecula
Planning Department
43174 13usiness Park Drive
Temecula, California 92590
Attention:tj iq 7--F 1-4 C- W r/A 6 P N
Ladies and Gentlemen: Re:@
16,? @ACT Map 2- LI I S'@
The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities.
The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood
hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of
specific interest to the District including District Master Drainage Plan facilities, other regional flood control and
drainage facilities which could be considered a logical component or extension of a master p an system, and District
Area Drainage Plan fees (development mitigatio-n fees). In addition, information of a general nature is provided.
The District has not reviewed the proposed pro ' ject in detail and the following checked comments do not in any way
constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health
and safety or any other such issue:
This pro ' ject would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional
interest proposed.
-This project involves District Master Plan facilities. The District will accept ownership of such facili@s on
written request of the City. Facilities must be constructed to District standards, and @istrict plan check and
inspection will be required for District acceptance. Plan check, inspection and administrative fees will be
required.
-This project proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be
consiaerea regional in nature and/or a logical extension of th6-adopted
Master Draing-ge Plan. The District wouia consider accepting ownership of such facilities on written reques
ofthe Ci Fa-cilities must be constructed to District standards, and Disthct plan check and inspection %Vill be
required f%r District acceptance. Plan check, inspection and administrative fees will be required.
This project is located within the limits of the District's Area
Drainag6 Plan for which drainage fees have been adopted; applicable fees should be paid to the FlooTControl
Districf or City prior to final approval of the project, or in t e case of a parcel map or subdivision prior to
recordation of the final map. Fees to be paid should be at the rate in effect at the time of recordation, or if
deferred, at the time of issuance of the actual permit.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water
Resources Control Board. Clearance for grading, recordation, or other final approval should not be given until the City
has determined that the project has been granted a permit or is shown to be exempt.
If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should
require t@e applicant to provide all -studies, calculations, plans and other information required to meet FEMA
requirements, and should further require that the applicant obtain a Conditional Letter of Ma@R6vision (CLOMR) prior
to grading, recordation or other final approval of the project, and a Letter of Map Revision (L MR) prior to occupancy.
If a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to
obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act
Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating
the project is exempt from these requirements. A'Clean Water Act Section 401 Water Quality Certification may be
required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit.
Very truly yours,
STUART E. MCKIBBIN
Senior Civil Engineer
c: Date-.
Easternmunicipall@- rerdistrict
Gme,al M.@ag@ Board #fdiffaory
John B. Brudin RMicarhiaon V. AsWcy, P,.id@.t
Lrd R. HaU, Vice President
Leg.1 Co.wei' Rodger D. Siems
Rcd@inc and Sherrill
are
DtmcTor ofthe,ifttropoijtan W
D,Ima of South@ Call famw Secrera
Chnrcr C. Gilberi
T@@ure, Joseph J. Kucblcr, CPA July 10, 1996
Matthew Fagan
Case Planner
City of Temecula
Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
SUBJECT: PA96-0108 (TM 24184) - Agency Case Transmittal
Dear Mr. Fagan:
we have reviewed the materials transmitted by your office which
describe the subject project. The subject project has already been
submitted by the developer to the District for review. In fact,
the District has approved construction drawings for the sewer
system improvements (SD-14995 through SD-15507, W.O. 91-368/369).
The proposed changes to the number and size of the lots may impact
the sewer system improvements. The District will contact the
developer or his engineer to further address the changes outlined
in your transmittal.
Thank you for soliciting our concerns and if you have any questions
regarding the above matter, please call me at (909) 766-1810.
Sincerely,
EASTERN MUNICIPAL WATER DISTRICT
Mike Gow, P.E.
Civil Engineer
Customer Service Department
cc: Bob Van Doren, EMWD Project Engineer
MAG/mag
J:\WORDPRCC\WP\NEW BUSI.ll\GOW\tet24184-796
Mail to: Post Office Box 8300 San Jacinto, California 92581-8300 Telephone (909) 925-7676 Fax (909) 929-0257
Main Office: 2045 S. San Jacinto Avenue, San Jacinto Customer Service / Engineering Annex: 440 E. Oaldand Avenue, Hcmcc, CA
Operations & Maintenance Center: 2270 Trumble Road, Perris, CA 92571 Telephone (909) 928-3777 Fax (909) 928-6177
June 26, 1996 J U it4 2 8
Rancho Ansd.............
Watr Mr. Matthew Fagan
Associate Planner
City of Temecula
Post Office Box 90')3
Lis- D. Henna. Temecula, CA 92589-9033
Michael R.,Nl@r-filia.
p
R-Iph H. Daii,- SUBJECT: Water Availability Parcel Map 24184
Cs.b. F, K.A-PNs 950-020-013 and 950-020-014
Planning Application No. PA96-0108
Do.g Kull,@@g
L. ',Ii.kl,,Dear Mr. Fagan:
G@orgeNl. WoodsPlease be advised that the above-referenced property is located within the
I
,John F. H@nnigarboundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon completion of financial arrangements
Phillip L. Forbesbetween RCWD and the property owner.
The Developer will be required to construct all on-site and off-site water
E.P.'13ob" L.mon@
D... t.r @,t facilities required by RCWD including a 20-inch waterline within De Portola
Ke.n@th C. De.]N@Road between Meadows Parkway and Carnpanula Wav. The Developer
should contact RD@ for fees and requirements.
Pe@ R. LouckWater availability would be contingent upon the property owner signing an
Linda NI. Frego.oA-encv A(yreement which assi(yns water management rights, if anv, to RCWD.
C.Nlich@.el Co, ett
Best, l@st & Ki@gerIf you have anv questions, please contact an Engineerin(-y Services
Representative.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P.E.
Develo merit Engineerint-, M@inacyer
p
wp96iSB:LW:ni.,005/FOI@l/FEF
cc:Laurie Williams, Engineering Services Manager
]ranch. Calif.-i;@ Water Di@tri"
121:t5
ATTACHMENT NO. 4
RESOLUTION NO. 96-
R:NSTA 106PA%.PCl 11/14/% kh 34
ATTAC NO. 4
PC RESOLUTTON NO. 96-
A RESOLUTTON OF THE PLANNING COMM]ISSION OF
THE CITY OF TEM[ECULA APPROVING PLANNING
APPLICATTON NO. PA96-0114 (VESTING TENTATTVE
TRACT MAP NO. 24186) TO REVISE THE SUBDIVISION
FROM FOUR HUNDRED SIXTY-ONE (461) PARCELS INTO
FOUR HUNDRED TWENTY-FOUR (424) PARCELS (410
RESIDENTIAL AND 14 OPEN SPACE) ON 114.1 ACRES,
LOCATED EAST OF MEEADOWS PARKWAY, NORTH OF
LEENA WAY, AND WEST OF SUNNY MDEADOWS DRIVE
AND KNOWN AS ASSESSORIS PARCEL NO. 950-020-010
THROUGH 950-020-012 AND 950-030-011
WHEREAS, Newland Associates filed Planning Application No. PA96-0114 in
accordance with the City of Temecula General Plan and Riverside County Land Use and
Subdivision Ordinances, which the City has adopted by reference;
, Planning Application No. PA96-0114 was processed in the time and manner
prescribed by State and local law;
, the Planning Commission considered Planning Application No. PA96-0114
on November 18, 1996, 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;
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. PA96-0114;
NOW, THEREFORE, THE PLANNING COMMILSSION OF THE CITY OF
TEMEECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. FindinLs. That the Temecula Planning Commission hereby makes the
following findings, to wit:
R:\STAFF@106PA96.PCI 11/14/96 kh 35
1. The proposed land division and the design or improvement of the project
is consistent with the City's General Plan and is physically suitable for the type and density of
development. The General Plan Land Use designation for the site is Low-Medium Residential (3-
6 dwelling units per acre), with a target density of 4.5 dwelling units per acre). The project
proposes four hundred ten (410) residential parcels on 141.1 acres for a density of 2.9 units per
acre. This is consistent with the General Plan Land Use designation for the site.
2. The design of the proposed land division or the qw of improvements are
not likely to cause serious public health problems. The project has been reviewed for
conformance with 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 win occur to City Standards.
3. 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 Meadows Parkway
and Leena Way, and will not obstruct any easements.
4.Planning Application No. PA96-0114 as proposed, conforms to the logical
development of itsproposed site, and is compatible with the health, safety and welfare of the
community.
Section 3. Environmental Coml2liance, The City of Temecula General Plan EIR was
certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific
Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years
since the environmental analysis was performed for this project. In addition, an Addendum to that
EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon
this information, it is Staff's opinion that due to the scope (a decrease in the overall density of the
project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect
on the previous analysis. According to Section 21166 of the California Environmental Quality
Act (CEQA), no subsequent or supplemental environmental impact report is required for the
project unless one or more of the following events occurs: substantial changes are proposed in the
project which will require major revisions of the EIR; substantial changes occur with respect to
circumstance under which the project is being undertaken which will require major revisions in
the EIR; or, new information, which was not known at the time of the EIR was certified and
complete becomes available. None of these situations have occurred; therefore, no further
environmental analysis is required. Staff is recommending the Commission make a determination
of consistency with a project for which an Environmental Impact Report was previously certified.
Section 4. Conditions- That the City of Temecula Planning Commission hereby approves
Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186 to revise
the subdivision from four hundred sixty-one (461) parcels into four hundred twenty-four (424)
parcels (410 residential and 14 open space) on 114.1 acres, located east of Meadows Parkway,
R:\STA 106PA%.PCI 11/14/% Ub 36
north of Leena Way, and west of Sunny Meadows Drive and known as Assessor's Parcel No. 950-
020-010 through 950-020-012 and 950-030-011, subject to Exhibit A, attached hereto, and
incorporated herein by this reference and made a part hereol
Section 5. PASSED, APPROVED AND ADOPRM this 18th day of November, 1996.
Linda Fahey, Chairman
I HEREBY CERT.EFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of
November, 1996 by the following vote of the Commission:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING CONMSSIONERS:
ABSENT:PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:\STA 106PA%.PCI 11/14/% ldb 37
EXHIBIT A
CONDITIONS OF APPROVAL
R:NSTAP 106PA%.@ 11/14/96 ia 38
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No.
24186)
Project Description: A revised subdivision of 114.1 acres from 461 parcels
into 424 parcels 1410 residential and 14 open space)
Assessor'3 Parcel No.: 950-020-010 through 950-020-012 and 950-030-011
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1 .The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Seventy-Eight Dollars
($78.00) County administrative fee, to enable the City to file the Notice of Exemption
required under Public Resources Code Section 21108(b) and California Code of
Regulations Section 15062. If within said forty-eight (48) hour period the
applicant/developer has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of
condition.
General Requirements
2.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 itsofficers, 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. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186) is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter
4 (Section 21000 el=., 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.
R:\STA 106PA%.PCI 11/14/% kh 39
3.This project and all subsequent projects within this site shall be consistent with the
Paloma del Sol Specific Plan, Amendment No. 5, or subsequent amendments.
4.The project and all subsequent projects within this site shall comply with all mitigation
measures identified within EIR No. 235.
5.The applicant shall comply with all underlying conditions of approval for Vesting
Tentative Tract Map No. 24186 unless superseded by these conditions of approval.
Prior to Issuance of Grading Permits
6.A copy of the Rough Grading plans shall be submitted and approved by the Planning
Director.
7.A qualified paleontologist/archaeologist shall be chosen by the developer for
consultation and comment on the proposed grading with respect to potential
paleontological/archaeological impacts. Should the paleontologist/archaeologist find
potential is high for impact to significant resources, a meeting between the
paleontologist/archaeologist, Planning Director, and grading contractor prior to the
commencement of grading operations and the excavation and grading contractor shall
be arranged. Mitigation measures shall be approved by the Planning Director and
included in a Mitigation Monitoring Program. When necessary, the
paleontologist/archaeologist or representative shall have the authority to temporarily
divert, redirect or halt grading activity to allow recovery of fossils.
8.The applicant shall demonstrate by submittal of a written report that all mitigation
measures identified in the Mitigation Monitoring Program have been satisfied for this
stage of the development.
Prior to Recordation of the Final Map
9.The following shall be submitted to and approved by the Planning Director:
a.A copy of the Final Map
b. A copy of the Rough Grading Plans
Prior to Issuance of Building Permits
10.A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Planning Department to ensure the payment or exemption from School Mitigation
f ees.
11.The following shall be submitted to and approved by the Planning Director:
a.Construction landsr-.ql2e plans consistent with the City standards and the
approved Conceptual Landscape Plans 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 for:
R:\STA 106PA%.PCI 11/14/96 ki 40
i.Front yards and slopes within individual lots prior to issuance of building
permits for any lot(s).
ii.All landscaping excluding Temecula Community Services District (TCSD)
maintained areas and front yard landscaping which shall include, but may
not be limited to private slopes and common areas.
iii.Shrub planting to completely screen perimeter walls adjacent to a public
right-of-way equal to sixty-six (66) feet or larger.
iv.Hardscaping for the following:
(1)Pedestrian trails within private common areas
(2)Equestrian trails
V.The height, location and the following materials for all walls and fences:
(1)Decorative block for the perimeter of the project adjacent to a
Public Right-of-Way equal to sixty-six (66) feet or larger and the
side yards for corner lots. '
(2)Wrought iron or decorative block and wrought iron combination
to take advantage of views for side and rear yards.
(3)Wood fencing shall be used for all side and rear yard fencing
when not restricted by a and b above.
b.Wall and fence plans consistent with the Conceptual Landscape Plans.
C.Slope trees shall be a maximum of fifteen gallons in size.
d.Precise grading plans consistent with the approved rough grading plans including
all structural setback measurements.
e.The Model Home Complex Plot Plan (if applicable) which includes the following:
i.Site Plan with off-street parking
ii.Construction Landscape Plans
iii.Fencing Plans
iv.Building Elevations
V.Floor Plans
vi. Materials and Colors Board
R:\STA 106PA96.PCI 11/141% iA 41
12.The applicant shall demonstrate by a written report that all mitigation measures
identified in the Mitigation Monitoring Program have been satisfied for this stage of the
development.
Prior to Issuance of Occupancy Permits
13.Front yard and slope landscaping within individual lots shall be completed for
14.The applicant shall demonstrate by a written report that all mitigation measures
identified in the Mitigation Monitoring Program have been satisfied for this stage of the
development.
TEMECULA COMMUNITY SERVICES DEPARTMENT
General Requirements
15.The dedication of the parkway landscaping, median landscaping, paseo areas and park
sites to the City shall be consistent with Development Agreement No. 5, any
agreements authorized by the Development Agreement, and in conformance with all
applicable TCSD standards.
16.Construction of the public park sites, landscaping, paseos and median landscaping
proposed for dedication to the City shall commence as directed by the TCSD following
a pre-job meeting with the TCSD Maintenance Superintendent.
17.The developer, or successors in interest, shall maintain all park facilities, landscaping,
and medians until such time as those responsibilities are accepted by the TCSD.
18.All park facilities intended for transfer to the City 'in-fee" shall be dedicated free and
clear of any liens, assessments, or easement that would preclude the City from using
the property for public park purposes. A policy of title insurance and a soils assessment
report shall also be provided with the dedication of the property.
19.Class 11 Bike Lanes shall be provided on site and designed to intercept with the City's
Park and Recreation Master Plan. Bike lanes shall be constructed in conjunction with
the completion of the street improvements.
Prior to the Recordation of the Final Map
20.All parkway landscaping and paseos identified as TCSD maintenance areas shall be
offered for dedication on the final map, unless otherwise deferred pursuant to the terms
of the Development Agreement.
21.Construction plans for the median landscaping, parkway landscaping, paseos, and park
sites proposed for dedication to the City shall be reviewed and approved by the Director
of Community Services.
22.The developer shall post security and enter into an agreement to improve the median
landscaping, parkway landscaping, paseos, landscaped medians and park facilities
proposed for dedication to the City.
R:%STA 106PA%.PCI 11/14/% kh 42
Prior to the Issuance of Building Permits
23.The developer shall file an application and pay the appropriate monthly service fees for
the transfer of arterial and residential street lighting into the TCSD maintenance
program.
Prior to the Issuance of Certificates of Occupancy
24.It shall be the developer's responsibility to disclose the existence of the Temecula
Community Services District and its service level fees and taxes to all prospective
purchasers. This disclosure shall be in the format acceptable to the City and filed with
the TCSD.
OTHER AGENCIES
25.The applicant shall comply with the flood control recommendations outlined in the
Riverside County Flood Control District's letter dated July 23, 1996, a copy of which
is attached. If the project lies within an adopted flood control drainage area pursuant
to Section 10.25 of City of Temecula Land Division Ordinance No. 460, appropriate fees
for the construction of area drainage facilities shall be collected by the City prior to
issuance of Occupancy Permits.
26.The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District transmittal dated July 10, 1996, a copy of which is attached.
27.The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated June 26, 1996, a copy of which is attached.
R:\STAF 106PA%.PCI 11/14/% iab 43
DAVID P. ZAPPE 1995 MARKET STREET
General Manager-Chicf f@-ngincerRIVERSIDE, CA 92501
9091275-1200
909/788-9965 FAX
7829.1
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
City of Temecula
Planning Department
43174 Business Park Drive
Temecula, California 92590
Aftention: fVlf)T-FHCbJ f@6t9/\/
Ladies and Gentlemen:
Re: Ptq NO '?6 -,5 //@ TR, C-F @ P
The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities.
The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood
hazard reports for such cases. District-comments/recommendations for such cases are normally limited to items of
specific interest to the District including District Master Drainage Plan facilities, other regional flood control and
drainage facilities which could be considered a logical component or extension of a master plan system, and District
Area Drainage Plan fees (development mitigatio-n fees). In addition, information of a general nature is provided.
The District has not reviewed the proposed project in detail and the following checked comments do not in any wa
constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public healt@
and safety or any other such issue:
This pro ' ject would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional
interest proposed.
-This project involves District Master Plan facilities. The District will accept ownership of such facili@s on
written r&quest of the City. Facilities must be constructed to District standards, and District plan check and
inspection will be required for District acceptance. Plan check, inspection and administrative fees w-ill be
required.
-This proje@t proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be
consiaerea regional in nature and/or a logical extension of the adopted
Master Draing-qe Plan. The District would consider accepting own6rship of such facilities on written request
ofthe Ci Fa-cilities must be constructed to District standards, and Disfiict plan check and inspection Vill be
required%r District acceptance. Plan check, inspection and administrative fees will be required.
This project is located within the limits of the District's Area
Drain@d Plan for which drainage fees have been adopted; applicable@ees should be id to the Floo@ontrol
Districf or City prior to final a al of the project, . or in the case of a parcel map or subdivision prior to
ov
recordation of the finalmap. @eres to be paid should be at the rate in effect at the time of recordation, or if
deferred, at the time of issuance of the actual permit.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water
Resources Control Board. Clearance for grading, recor7dation, or other final approval should not be given until the City
has determined that the project has been granted a permit or is shown to be exempt.
If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should
requ.ire the applicant to provide all -studies, calculations, plans and other information required to me6t FEMA
requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior
to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy.
If a natural watercourse or ma ped flood plain is impacted by this project, the City should require the applicant to
obtain a Section 1601ilnt from the California Department of Fish and Game and a Clean Water Act
Section 404 Permit fromCorps of Engineers, or written correspondence from these agencies indicating
the project is exempt frcrements. A Clean Water Act Section 401 Water Quality C6-rtification may be
required from the localonal Water Quality Control Board prior to issuance of the Corps 404 permit,
Very truly yours,
@% -2 r@ -A T
STUART E. MCKIBBIN
Senior Civil Engineer
c: Date: -7
-5KM -
Eastern Municipal iterdistrict
Gcnemi Manager
John B. Brudin Bmni
Legal Counstl
Redwine 2nd Sherrifl
Dirreto, ofthe Afetropohran Wat@
Dtirnct of Southern C.Ift@.
Chnier C. Gilbert
Tre@are,
Joseph J. Kucblcr, CPA July lo, 1996
Matthew Fagan
Case Planner
City of Temecula
Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
SUBJECT: PA96-0114 (TM 24186) - Agency Case Transmittal
Dear Mr. Fagan:
We have reviewed the materials transmitted by your off ice which
describe the subject project. The subject project has already been
submitted by the developer to the District for review. In fact,
the District has approved construction drawings f or the sewer
system improvements (SD-15561 through SD-15566, W.O. 91-380/384).
The proposed changes to the number and size of the lots may impact
the sewer system improvements. The District will contact the
developer or his engineer to further address the changes outlined
in your transmittal.
Thank you for soliciting our concerns and if you have any questions
regarding the above matter, please call me at (909) 766-1810.
sincerely,
EASTERN MUNICIPAL WATER DISTRICT
Mike Gow, P.E.
Civil Engineer
Customer Service Department
cc: Corey Wallace, EMWD Project Engineer
MAG/mag
J:\WORDPROC\WP\NEW BUSI.ll\GOW\tet24186.796
Mail to: Post Office Box 8300 San Jacinto, California 92581-8300 Telephonc (909) 925-7676 Fax (909) 929-0257
Main Office: 2045 S. San Jacinto Avenue, San Jacinto Customer Service / Engineering Anncx: 440 E. Oakland Avenuc, Hemet, CA
Operations & Maintenance Center: 2270 Trumble Road, Perris, CA 92571 Telephone (909) 928-3777 Fax (909) 928-6177
June 26, 1996
Wa@r
Mr. Matthew Fagan
Associate Planner
City of Temecula
Post Office Box 903')
Li.. D. He,-an
Temecula, CA 925S9-9033
Ralph H. D4.il,, SUBJECT: Water Availability - Parcel Map 24186
APNs 950-020-010, 950-020-011, 950-020-012, and 955-030-011
C..b. F. Ko Planning Application No. PA96-0114
1)..g K.Iberg
Dear Mr. Fagan:
George M. Woods
Please be advised that the above-referenced property is located within the
John F. Hennigarboundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon completion of financial arrangements
Phillip L. Forbesbetween RCWD and the property owner.
E. P. "Bob" Lemon-@The Developer will be required to construct all on-site and off-site water
L)@...facilities required by RCWD. The Developer should contact RDWD for fees
K@..eth C. Dea]Nand requirements.
Pe@' R. L..@k
tWater availability WOLI Id be contingent upon the property owner signing an
Lind. .1. Frego@.A-encv Agreement which assigns water management ri(yhts, if anv, to RCWD.
C. @llicha,i C.@etEIf you have anv questions, please contact an Engineering Services
Best. Rest & KriegerRepresentative.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
J @l@l 2 8 1996
Steve Brannon, P.E.
Development Engl'neerincT Manager
wp96/SB:LW:ni-.006/FOI2@F
cc:Laurie Williams, Engineering Services Manager
lia,,@ho Czilifomii, Water Di,ti-i@t
ATTACHMENT NO. 5
INITIAL ENVIRONMENTAL STUDY
R:\STA 106PA96.PCI 11/14/% M 44
CITY OF TEM[ECULA
Environmental Checklist
1. Project Title: City of Temecula General Plan Amendment and Paloma del
Sol Specific Plan Amendment
2. Lead Agency Name and Address: City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
3. Contact Person and Phone Number: Matthew Fagan, (909) 694-6400
4. Project Location: South of Pauba Road, east of Margarita Road, north of
SR79 South and west of Butterfield Stage Road
5. Project Sponsor's Name and Address: Cal-Paloma del Sol, LLC c/o Newland Associates, Inc.
9404 Genesee Avenue, Suite 230
La Jolla, CA 92037
6. General Plan Designation: Various, see attached General Plan Land Use Plan
7. Zoning: SP (Specific Plan)
8. Description of Project: The project consists of a General Plan Amendment and a
Specific Plan Amendment. The General Plan Amendment
is required to be processed concurrent with the Specific
Plan Amenchnent due to proposed changes to land use
designations within the Specific Plan. Overall units wi@
the Specific Plan will decrease by 20 units (from 5,604
unitsto5,584units). This@tialStudywillbeconducted
using the previously Certified Environmental Impact Report
(EIR) and EIR Addendum as baselines for the analysis.
9. Surrounding Land Uses and Setting: North: Single-family residences
South:Vacant
East: Single-family residences and vacant
West:Single-family residences; Arco AM/PM
10.Other public agencies whose approval is required: Riverside County Fire Department, Rancho
California Water District Eastem Municipal Water District, California Department of Transportation,
Temecula Valley Unified School District, Riverside County Health Department, Riverside County
Flood Control and Water Conservation District
R:\STA 106PA%.PCI 11/14/% M 45
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This Initial Enviromnental Study has been prepared to compare the impacts of the proposed General
Plan Amendments and the Specific Plan Amendments to the original General Plan EIR and Specific
Plan ER Only those environmental impacts beyond those identified in the original environmental
documentation will be discussed here.
ENVIRONMENTAL FACRORS POTENTIALLY AFFECRED:
The envirormnental factors checked below would be potentially affected by this project, involv' at least one
mg
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use and Planning [ Hazards
Population and Housing [ Noise
Geologic Problems [ Public Services
Water [ Utilities and Service Systems
Air Quality [ Aesthetics
Transportation/Circulation [ Cultural Resources
Biological Resources [ Recreation
Energy and Mineral Resources [ Mandatory Findings of Significance
DETERMINATION
On the basis of this initial evaluation, I fmd that the proposed project MAY have a significant effect(s) on the
enviromn@ but si@cant effects have been adequately analyzed 'in an earlier document pursuant to applicable
legal standards and have been by nutigabon mm= based on the earlier analysis. No further analysis
is required.
R:KSTA 106PA%.PCI 111141% M 46
ISSUES AND SUPPORTING INFORMATION SOURCES
1. LAND USE AND PLANNING. Would the proposal:
a . Coriflict with general plan designation or zoning?
b.Conflict with applicable cnviromncntal plans or policies
adopted by agencies with jurisdiction over the project?
c.Be incompatible with existing land use in the vicinity?
d.AfFect agricultural resourres or operations (e.g. impacts to
soils or farmlands, or impacts from incompatible land uses)?
c.Disrupt or divide the physical wtangeinent of an established
community (mcludmg low-mcome or mmority community)?
2.POPUILATION 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. @ough project in an undeveloped area
or extension of major infrastructure)?
c.Displace existing housing, especially affordable housing?
3.GEOLOGIC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving?
a.Fault rupture?
b.Sei@c ground shaking?
c.Seismic ground failure, including liquefaction?
d.Seiche, tsunami, or volcanic hazard?
e.Landslides or mudflows?
fErosion, changes in topography or unstable soil conditions
form excavation, grading or fill?
g.Subsidenre of the land?
h.Expansive soils?
i. Unique geologic or physical features?
R:@STA 106PA%.PCI 11/14/% @ 47
P
Significmt
P@any Uniew Ie= Than
SignificW Mitigafion Significazrt No
impact
[XI
I
I
I
pq
I I pq
[ pq
[ pq
[ I)q
I I pq
I I I pq
I pq
[ IN
[ I)q
I pq
p y
Sipfficalt
P ly Unl= L4=
Sigftifi@ Mitigation si@cant No
ISSUES AND SUPPORTING INFORMA'NON SOURCES
4.WATER. Would the proposal result in:
a.Changes in absorption rates, drainage pattems, or the
rate and mount of surface nmoff?
b.Exposure of people or property to water related hazards
such as flooding? [XI
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? I I pq
e.Changes in currents, or the course or direction of water
movements?
fChange 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? I I pq
5.AER QUALffY. Would the proposal:
a.Violate any air quality standard or contribute to an
existing or projected air quality violation?
b.Expose sensitive receptors to pollutants?
C.Alter air movement, moisture or temperature, or cause
any change 'm climate?
d.Create objectionable odors?
6.TRANSPORTATION/CERCULATION.
Would the proposal result in:
a. Increase vehicle trips or traffic congestion? Ix
h.Hazardstosafetyfromdesignfeatures(e.gsharpcurves
or dangerous intersection or incompatible uses)?
c.Inadequate emergency access or access to nearby uses?
R:\STA 106PA96.@ 11/14/96 M 48
Potcntially
Sipfficant
P@any Union Than
Sipffic&M Mitiglktion sipfficaut No
ISSUES AND SUPPORTING INFORMATION SOURCES
d.Tnqiifficient parking capacity on-site or off-site?
e.Hazards or barriers for pedestrians or bicyclists?
fConflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
g.Rail, waterbome or air traffic impacts?
7.BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a.Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects, animals
and birds)? I I pq
b. Locally designated species (e.g. heritage trees)? pq
c.Locally designated natural communities (e.g. oak forest,
coastal habitat, etc.)?
d. Wetland habitat (e.g. marsh, riparian and vernal pool)? [XI
e.Wildlife dispersal or migration corridors?
08.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? pq
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?
9.HAZARDS. Would the proposal involve:
a.A risk of arcidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemical or radiation)? pq
b.Possible interference with an emergency response plan
or emergency evacuation plan? pq
c.The creation of any health hazard or potential health
hazard? pq
R:\STA 106PA96.PCI 11/141% kb 49
Potentially
Significwt
P y Unlen Than
sip&lcant mitigation Sipfficant No
ISSUES AND SUPPORTING INFORMATION SOURCES
d.Exposure of people to existing sources of potential health
hazards?
e.Increase fire hazard in areaswith flammable brush,
grass, or trees?
10.NOISE. Would the proposal result in:
a. Increase in existing noise levels? pq
b. Exposure of people to severe noise levels?I I f I
11.PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered government
services in any of the following areas:
a. Fire protection? I pq
b. Police protection? I)q
c. Schools? I)q
d. Maintenance of public facilities, including roads? f I pq
e.Other governmental services?
12.UTELITILES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a. Power or natural gas? I I pq
b.Communications systems?
c.Local or regional water treaanent or distribution
facilities? I I pq
d. Sewer or septic tanks? I I pq
e. Storm water drainage? N
f Solid waste disposal? 13q
g. Local or regional water supplies? I pq
13.AESTHETICS. Would the proposal:
a.Affect a scenic vista or @c highway?
b.Have a demonstrable negative aesthetic effect?
R:kSTAFFRP'nlO6PA96.PCI 11114/% kb 50
P
significud
P@afly Unless Lew Than
Significant Mitigation Sipfficant No
ISSUES AND SUPPORTING INFORMAT10N SOURCES impact In@rated
c.Create light or glare?
14.CULTURAL RESOURCES. Would the proposal:
a.Disturb paleontological resources?
b.Disturb archaeological resources?
c.Affect historical resources?
d.Have the potential to cause a physical change which would
affect unique ethnic cultural values?
e.Restrict existing religious or sacred uses within the potential
impact area?
15.RECREATION. Would the proposal:
a.Increase the demand for neighborhood or regional parks or
other recreational facilities? I I pq
b. Affect existing recreational opportunities? I I pq
16.MANDATORY FINDINGS OF SIGNMCANCE.
a.Does the project have the potential to degrade the quality
of the environznent, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number of restrict
the'range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory?
b.Does the project have the potential to achieve short-term, to the
disadvantage of long-term, environmental goals?
c.Does the project have 'unpacts that area individually
limited, but ctunulatively considerable? ('Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects). pq
d.Does the project have environmental effects which win
cause substantial adverse effects on human beings, either
directly or indirectly? pq
R:\STA 106PA%.PCl 11114/% IM 51
17.EARLIER ANALYSES.
The City of Temecula General plan EIR was certified on November 9, 1993. Environmental Impact
Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of
Supervisors. It has been eight (8) years @ the environmental analysis was performed for this project.
In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol
Specific Plan. Based upon this information, it is Staff's opinion that due to the scope (a decrease in the
overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there
will be no effect on the previous analysis. According to Section 21166 of the California Environmental
Quality Act (CEQA), no subsequent or supplemental envirorumental impact report is required for the
project unless one or more of the following events occurs: substantial changes are proposed in the project
which will require major revisions of the EIR; substantial changes occur with respect to circumstance
under which the project is being undertaken which will require major revisions in the EIR; or, new
information, which was not known at the time of the EIR was certified and complete becomes available.
None of these situations have occurred; therefore, no @er environmental analysis is required. Staff
is recommending the Commission make a determination of consistency with a project for which an
Envirorunental Impact Report was previously certified.
R:%STA 106PA%.PCI 11114/% ki 52
ATTACHMENT NO. 6
EXHIBITS
R:\STA 106PA%.PCI 11/141% M 53
CITY OF TEMECULA
PLANNING APPLICATION NO. PA96-0106
EXHIBIT A
PLANNING COMMISSION DATE: NOVEMBER 18,1996
o@
o@
VICINITY MAP
CITY OF TEMECULA
PLANNING APPLICATION NO. PA96-0108
EXHIBIT B
PLANNING COMMISSION DATE: NOVEMBER 18,1996
VICINITY MAP
CITY OF TEMECULA
-N,
PLANNING APPLICATION NO. PA96-0114
EXHIBIT C
PLANNING COMMISSION DATE: NOVEMBER 18,1996
ITE
VICINITY MAP
CITY OF TEMECULA
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CASE NO: N/A
EXHIBIT D SPECIFIC PLAN LAND USE MAP (AMENDMENT NO. 4)
PLANNING COMMISSION DATE: NOVEMBER 18,1996
CITY OF TEMECULA
28
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31 30
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PLANNINGAPPLICATION NO. PA96-0106
EXHIBIT E SPECIFIC PLAN LAND USE MAP (AMENDMENT NO. 5)
PLANNING COMMISSION DATE: NOVEMBER 18,1996
CITY OF TEMECULA
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EXISTING GENERAL PLAN LAND USE PLAN
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PLANNING APPLICATION NO. PA96-0107
EXHIBIT F GENERAL PLAN LAND USE PLAN AMENDMENT
PLANNING COMMISSION DATE: NOVEMBER 18, 1996
CITY OF TEMECULA
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PLANNING APPLICATION NO. PA96-0107
EXHIBIT G GENERAL PLAN LAND USE PLAN AMENDMENT
PLANNING COMMISSION DATE: NOVEMBER 18,1996
CITY OF TEMECULA
EXISTING VILLAGE CENTER OVERLAY
WIN!
vowed
PLANNING APPLICATION NO. PA96-0107
EXHIBIT H VILLAGE CENTER OVERLAY AMENDMENT
PLANNING COMMISSION DATE: NOVEMBER 18,1996
CITY OF TEMECULA
SP ISPECIFic F@
VACANT
SP (SPECIFIC P@JJ)
VACANT
PLANNINGAPPLICATION NO. PA96-0108
EXHIBIT I REVISED VESTING TENTATIVE TRACT MAP NO. 24184
PLANNING COMMISSION DATE: NOVEMBER 18,1996
R:\STAFFRP7'\106PA96.PCI 11113/96 mf
CITY OF TEMECULA
4r.
PLANNING APPLICATION NO. PA96-0114
EXHIBIT J REVISED VESTING TENTATIVE TRACT MAP NO. 24186
PLANNING COMMISSION DATE: NOVEMBER 18,1996
R:kSTAFFRP'nlO6PA96.PCI 11/13/% mf
ATTACHMENT NO. 7
SPECIFIC PLAN TEXT
(PLANNING APPLICATION NO. PA96-0106)
Included under separate cover
R:WAFF@106PA96.PM 11114/% Ub 54
ATTACHMENT NO. 8
SPECIFIC PLAN ORDINANCE
(PLANNING APPLICATION NO. PA96-0106)
Included under separate cover
R:WA 106PA96.PCI 11114/% k% 55
ITEI\4 17
APPROVAL
CITY ATTORNEY
DIRECTOR OF Fi@E
CITY MANAGER r,
CITY OF TEMECULA
AGENDA REPORT
TO:City Council/City Manager
FROM:Anthony J. Elmo, Chief Building Official@L.--
DATE:December 10, 1996
SUBJECT:Ordinance Amending Title 15, of the Temecula Municipal Code for Shutoff
Valves and Electrical Vehicle Charging System Equipment
RECOMMENDATION:That the City Council:
1 .Conduct a Public Hearing to receive public comment regarding proposed
modifications to Chapter 15.04, Construction Codes, of the Temecula Municipal
Code.
2. Approve the first reading of Ordinance No.96- entitled:
ORDINANCE NO. 96
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION,
OF THE TEMECULA MUNICIPAL CODE FOR THE PURPOSE OF
ESTABLISHING STANDARDS FOR THE INSTALLATION OF SEISMIC GAS
SHUTOFF VALVES AND ELECTRICAL VEHICLE CHARGING SYSTEM
EQUIPMENT
DISCUSSION: In response to direction from the City Council, the Building and Safety
Department is proposing two (2) amendments to Chapter 15.04, of the Municipal Code. In
response to the City Councils' commitment to maintaining a safe community, staff is proposing
new standards for seismic gas shutoff valves and their installation within the City. Further, in
support to the City Councils' involvement in the Western Riverside Quick Charge Partnership,
and recent legislation and adoption by the Building Standards Commission of standards for the
establishment and installation of electrical vehicle charging facilities, staff is proposing the
adoption of those standards along with a requirement for the installation of provisions for future
installation of charging facilities in single family dwellings.
FISCAL IMPACT: None
R:\brockmei@staffl.ipt
ORDINANCE NO. 96-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMIECULA, CALIFORNIA, AMIENDING TITLE 15,
BUILDINGS AND CONSTRUCTION, OF THE TEMECULA
MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING
STANDARDS FOR THE INSTALLATION OF SEISMIC GAS
S]EIIUTOFF VALVES AND ELECTRICAL VEHICLE CHARGING
SYSTEM EQUIPMENT
The City Council of the City of Temecula does ordain as follows:
Section 1: The City Council of the City of Temecula does hereby amend Title 15,
Buildings and Construction, of the Temecula Municipal Code with certain amendments as
follows:
15.04.030, Uniform Building Code
The following amendments, additions and deletions are made to the Uniform Building
Code, 1994 edition, adopted by this chapter.
F. Section 206 is amended by adding the following:
Electric Vehicles. Any automotive-type vehicle for highway use, such as passenger
automobiles, buses, trucks, vans, and the like, primarily powered by an electric motor that
draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other
source of electric current. For the purpose of this article, electric motorcycles and similar type
vehicles and off-road self-propelled electric vehicles such as industrial trucks, hoists, lifts,
transports, golf carts, airline ground support equipment, tractors, boats and the like, are not
included.
G.Section 208 is amended by adding the following:
Garageor portion thereof in which a motor vehicle containing flammable or combustible
liquidsor gas in its tank or an electric vehicle with a rechargeable storage battery, fuel cell,
photovoltaic array, or other source of electric current is stored, repaired, charged (electric
vehicles only) or kept.
H.Section 304 is amended by adding the following:
304.2.2Special Provisions
304.2.2.5 Electric Vehicle Charging.
R:\brockmei\newcode.96
In parking garages with an area used for charging electric vehicles, equipment shall be
installed in accordance with the Electrical Code. Ventilation, if required by Section 1202.2.8,
shall be provided.
304.8Special Hazards.
304.8.1 In private garages used for charging electric vehicles, ventilation shall be
provided in accordance with Table 12-A.
Exception:1. Ventilation shall not be required in areas with sufficient natural ventilation or
other engineered ventilating system approved by the building official which
maintains a gas-air mixture which is less than 255 of the lower flammability
limit.
Exception:2. Additional mechanical ventilation for hydrogen gas shall not be required
where the charging equipment is installed and approved as suitable for indoor
charging of electric vehicles.
304.9Open Parking Garages.
304.9.1 Electric Vehicle Charging.
In open parking garages with an area used for charging electric vehicles, equipment
shall be installed in accordance with the Electrical Code.
312.8 Electric Vehicle Charging.
In private garages used for charging electric vehicles, equipment shall be installed in
accordance with the Electrical Code. Ventilation, if required by Section 304.8. 1, shall be
provided.
1.Section 1202 is amended by adding the following;
1202.2.2.1 Electric Vehicle Charging.
In Group S, Division 4 parking garages with an area used for charging electric
vehicles, ventilation shall be provided in accordance with Section 1202.2 or Table 12-A,
whichever is greater.
Exception:1. Ventilation shall not be required in areas with an engineered ventilating
system approved by the building official which maintains a gas-air mixture
which is less than 25 % of the lower flammability limits.
Exception:2. Additional mechanical ventilation for hydrogen shall not be required where
the charging equipment is installed and approved as suitable for indoor charging
of electric vehicles.
R:\brockmei\newcode.96
2
15.04.050 Unifonn Plumbing Code
The following amendments, additions and deletions are made to the Uniform Plumbing
Code, 1994 edition, adopted by this chapter:
F. Section 1202.9 is amended by adding the following:
Downstream of Gas Utility - that portion of a gas piping which is away from the gas utility
meter and is on the user or customer side of the meter serving a building or structure.
1202.9.2 Residential Building - any single family dwelling, duplex, apartment
building, condominium, town house, lodging house, congregate residence, hotel, or motel.
1202.9.3 Seismic Gas Shutoff Valve - a system consisting of a seismic sensing means
and actuating means designed to automatically actuate a companion gas shutoff means installed
in a gas piping system in order to shut off the gas downstream of the location of the gas
shutoff means in the event of a severe seismic disturbance. The system may consist of
separable components or may incorporate all functions in a single body. The terms
"Seismically Activated Gas Shutoff Valves" and "Earthquake Sensitive Gas Shutoff Valves" are
synonymous.
1211.6.1 The installation of Seismic Gas Shutoff Valves shall comply with the
following requirements:
1. Be installed by a contractor licensed in the appropriate classification by the
State of California.
Exception:Seismic gas shutoff valves may be installed by a gas
utility provided a permit is obtained and the valves are
installed and approved in accordance with this section
2.Be mounted rigidly to the exterior of the building or structure containing
the fuel gas piping.
Exception:This requirement need not apply if the Building Department
determines that the seismic gas shutoff valve has been tested and
listed for an alternate method of installation.
3.Be listed by an approved testing laboratory and certified by the Office of
the State Architect.
R:\brockmei\newcode.96
3
4.Be approved by the Building and Safety Department.
5.Have a thirty year warranty which warrants that the valve is free from
defects and will continue to properly operate for thirty years from the
date of installation.
6.Where seismic gas shutoff valves are installed as required by this
section, they shall be maintained for the life of the building or structure
or be replaced with a valve complying with the requirements of this
section.
7.In addition to complying with all requirements of Standard 12-23-1 of
Chapter 12-23 of the California State Referenced Standards Code, the
following requirements shall be met in lieu of those noted in State
Standard 12-23-125, b2 and b3:
A.A peak acceleration of 0.2g with a period of vibration of 0.4
second; and;
B.A peak acceleration of 0. 2g with a period of vibration of 1. 0
second
15.04.100National Electric Code
Thefollowing amendments, additions and deletions are made to the National Electric
Code, 1993edition, adopted by this chapter:
E.Section 625 is amended by adding the following:
Section E: Special Equipment
A. General
Section 625.1 Scope. The provisions of this article cover the electrical conductors and
equipment external to an electric vehicle that connect an electric vehicle to a supply of
electricity by conductive or inductive means, and the installation of equipment and devices
related to electric vehicle charging.
R:\brockmei\newcode.96
4
Section 625.2 Definitions.
Electric Vehicle: An automotive-type vehicle for highway use, such as passenger automobiles,
buses, trucks, vans and the like, primarily powered by an electric motor that draws current
from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric
current. For the purpose of this article, electric motorcycles and similar type vehicles and off-
road self-propelled electric vehicles such as industrial trucks, hoists, lifts, transports, golf
carts, airline ground support equipment, tractors, boats and the like, are not included.
Section 625.4 Voltages. Unless other voltages are specified, the nominal AC system voltages
of 120, 120/240, 208Y/120, 240, 480Y/277, 480, 600Y/347 and 600 volts shall be used to
supply equipment covered by this article.
B. Wiring Methods
Section 625.9. Electric Vehicle Connectors. The electric vehicle connectors shall comply with
(a)through (e) below.
(a)New Group R, Division 1, Group R, Division 3 and new or additions to Group U
Occupancies shall be required to provide a minimum 3/4" flexible metal conduit from the
electrical service to an appropriate metal junction box at an appropriate location on the garage
firewall or similar location approved by the Building Official. Such junction box shall be
clearly identified by permanent marking of its intended use for the installation of electrical
vehicle charging equipment.
(b) The electric vehicle connectors shall be polarized and shall have a configuration that is
noninterchangeable with receptacles in other electrical systems. Approved electric vehicle
connectors protected by a system of double insulation or its equivalent in accordance with
Article 250 shall be noninterchangeable with grounding type electric vehicle connectors.
'O The electric vehicle connectors shall be constructed and installed so as to guard against
inadvertent contact by persons with parts made live from the electric vehicle supply equipment
or the electric vehicle batteries.
(d) The coupling of the electric vehicle connector and inlet shall be provided with a positive
means to prevent unintentional disconnection.
(e) An electric vehicle supply connector shall be provided with a grounding pole that shall be
the first to make and the last to break contact with the mating inlet.
Exception:Electric vehicle connectors protected by an isolated system or its
equivalent in accordance with Article 250.
R:\brockmei\newcode.96
5
C. Equipment Construction
Section 625.13. Electric Vehicle Supply Equipment. This equipment shall be permitted to be
fastened in place or cord-and-plug-connected. The equipment shall have no exposed live parts.
Section 625.14 Rating. Electric vehicle equipment shall have sufficient rating to supply the
load served. For the purposes of this article, electric vehicle charging loads shall be
considered to be continuous loads.
Section 625.15 Markings. The electric vehicle supply equipment shall be marked: "For Use
With Electrical Vehicles."
Section 625.16. Means of Coupling. The means of coupling to the vehicle shall be either
conductive or inductive. Attachment plugs, cord connectors, couplings, and inlets shall be
approved for purpose intended.
Section 625.17 Cable. The electric vehicle supply equipment cable shall be type EV, EV,
EVE, EVE, E.T., or EVJT flexible cable as specified in Article 400 and Table 400-4.
Ampacities shall be as specified in Table 400-5(A) for No. 10 and smaller and Table 400-5(B)
for No. 8 and larger. The overall length of the cable shall not exceed 25 feet (7.625m) and
installed without mid-cord couplings. Other cable types and assemblies approved as being
suitable for the purpose including optional hybrid communication, signal, and optical fiber
cables shall be permitted.
Section 625.18. Interlock. Electric vehicle supply equipment shall be provided with an
interlock that de-energizes the electric vehicle connector and its cable whenever the electric
connector is uncoupled from the electric vehicle.
Exception:Portable cord-and plug-connected electric vehicle supply equipment for
connection to receptacle outlets rated at 125 volts, single phase, 15 and
20 amperes.
Section 625.19. Automatic De-energization of Cable. The electric vehicle supply equipment
or the cable/connector combination of the equipment shall be provided with an automatic
means to degenerize the cable conductors and electric vehicle connectors upon exposure to
strain which could result in either cable rupture or separation of the cable from the electric
connector and exposure to live parts.
Exception:Portable cord-and plug-connected electric vehicle supply equipment for
connection to receptacle outlets rated at 125 volts, single phase, 15 and
20 amperes.
R:\brockmei\newcode.96
6
Section 625.21. Over current Protection. Over current protection for feeders and branch
circuits supplying electric vehicle supply equipment shall be sized for continuous duty and
shall have a rating of not less than 125 percent of the maximum load of the electric vehicle
supply equipment. Where non-continuous loads are supplied from the same feeder or branch
circuit, the Over current device shall have a rating of not less than the sum of the non-
continuous loads plus 125 percent of the continuous loads.
Section 625.22. Ground-Fault Protection for Personnel. The electric vehicle supply
equipment shall have an approved system of protection against electric shock of personnel.
When a current to ground exceeds some predetermined value that is less than the current
required to operate the Over current protective device of the supply circuit, the system shall
de-energize the electric vehicle supply equipment within an established period of timed where
cord- and plug-connected electric vehicle supply equipment is used, the ground-fault
interrupter protection for personnel shall be an integral part of the attachment plug or shall be
located in the power supply cable not more than 12 inches (305mm) from the attachment plug.
Section 625.23. Disconnecting Means. For electric vehicle supply equipment, rated more than
60 amperes or more than 150 volts to ground, the disconnecting means shall be provided and
installed in a readily accessible location and within sight of electric charging connector. The
disconnecting means shall be capable of being locked in the open position, if not in sight of the
equipment.
Section 625.24. Grounding. All electrical equipment and installations shall be bonded and
grounded in accordance with Article 250.
Section 625.25. Loss of Primary Source. Means shall be provided such that upon loss of
voltage from the utility or other electric systems(s), energy cannot be backfed through the
electric vehicle supply equipment to the premises wiring system. The electric vehicle shall not
be permitted to serve as a standby power supply.
E. Electric Vehicle Supply Equipment Locations
Section 625.28. Hazardous (Classified) Locations. Where electric vehicle supply equipment or
writing is installed in a hazardous location, the requirements of Articles 500 through 516 shall
apply.
Section 625.29. Indoor Sites. Indoor sites shall include, but not be limited to integral,
attached and detached residential garages, enclosed and underground parking structures, repair
and non-repair commercial garages, and agricultural buildings.
(a) Location. The electric vehicle supply equipment shall be located to permit direct
connection to the electric vehicle.
(b) Height. Unless specifically approved for the purpose and location, the coupling means of
R:\brockmei\newcode.96
7
the electric vehicle supply equipment shall be stored or located at a height of not less than 18
inches (0.46m) and not more than 48 inches (1.22m) above the floor level.
'D Ventilation. Where required, mechanical ventilation shall be provided as specified in the
Building Code.
Section 625.30. Outdoor Sites. Outdoor sites, where permitted, shall include but not be
limited to residential carports and driveways, curbside, open parking structures, parking lots
and commercial charging facilities.
(a) Location. The electric vehicle supply equipment shall be located to permit direct
connection to the electric vehicle.
(b) Height. Unless specifically approved for the purpose and location, the coupling means of
electric vehicle supply equipment shall be stored or located at a height of not less than 24
inches (0.61m) and not more than 48 inches (1.22m) above the parking surface.
Section H. If any Section, subsection, subdivision, sentence, clause, or portion of this
Ordinance, or the application thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance or its application to
other persons or places. The City Council hereby declares that it would have adopted this
Ordinance, and each Section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more Sections, subsection, subdivision,
sentence, clause, phrase, or portions of the application thereof to any person or place be
declared invalid or unconstitutional.
Section IH. The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be posted as required by law.
Section IV. This ordinance shall be effective thirty (30) days following the date of adoption
hereof.
PASSED, APPROVED AND ADOPTED this day of
Karel F. Lindemans
ATTEST:
June S. Greek, City Clerk
r:\brockmei\newcodes.96 8
ITEI\4 18
APPRO@
CITY ATTOR
FINANCE OF
CITY MANA(
CITY OF TEMECULA
AGENDA REPORT
TO:City Council
FROM:Ronald E. Bradley, City Manager
DATE:December 10, 1996
SUBJECT:Purchase Agreement for Real Property Required for the Western Bypass Corridor
Project and the 1-1 5/Highway 79S Interchange Improvement Project
Prepared by: Marilyn Whisenand, Redevelopment Director
RECOMMENDATION:
1.Adopt resolutions entitled:
RESOLUTION NO. 96-
"A RESOLUTION OF THE CITY OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENTM FOR
ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY +/- 17,773
SQUARE FEET LOCATED ON THE WEST SIDE OF FRONT STREET IMMEDIATELY
WEST OF THE INTERSECTION OF INTERSTATE 15 AND FRONT STREET,
TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-210-
047; AND
RESOLUTION NO. 96-
"A RESOLUTION OF THE CITY OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR
ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY +/- 50,793
SQUARE FEET LOCATED ON THE WEST SIDE OF INTERSTATE 15, TEMECULA,
CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-110-005.
2.Authorize an advance of up to $718,234 from the General Fund to cover acquisition,
escrow, soil testing, and closing costs for the Western Bypass Corridor Project.
r.%bradley\agenda\047&005.pur
3.Authorize an appropriation of up to $258,853 from Development Impact Fees - Public
Facilities to cover acquisition, escrow, soil testing, and closing costs for the I-
15/Highway 79S interchange improvement project.
4.Authorize the Mayor to sign the Purchase and Sale Agreements and Escrow Instructions.
BACKGROUND:
In order to implement the Old Town Specific Plan and the City of Temecula's Capital
Improvement Program, staff has pursued the acquisition of real property for the Western Bypass
Corridor and the 1-15/Highway 79S interchange improvement project. Based on fair market
appraisals, staff has negotiated the following purchase prices for the subject properties.
17,773 s.f. within APN 922-210-047 $248,853
50,793 s.f. within APN 922-110-005 $688,234
Total $937,087
Both purchases are all cash transactions with the City paying all closing costs. Additional fund
authorization in the amount of $40,000 is required to cover escrow, closing costs, and soils
testing fees, bringing the total fund authorization request to $977,087.
FISCAL IMPACT
The $718,234 total acquisition cost for the Western Bypass Corridor Project will be advanced
by the General Fund subject to reimbursement from Redevelopment Agency and/or Community
Facilities District Funds. The $258,853 for the 1-1 5/Highway 79S Interchange Improvement
Project will require an appropriation from Development Impact Fees (Public Facilities) fund to
the Capital Improvement Project fund. Adequate funds are available in both funds for these
acquisitions.
Attachments:
1 . Resolution No. 96-
2.Resolution No. 96-
3.Purchase Agreement APN 922-210-047
4. Purchase Agreement APN 922-110-005
r:kbradley\agenda\047&005.pur
RESOLUTION NO. 96-
"A RESOLUTION OF THE CITY OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR
ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY +/- 17,773
SQUARE FEET LOCATED ON THE WEST SIDE OF FRONT STREET IMMEDIATELY
WEST OF THE INTERSECTION OF INTERSTATE 15 AND FRONT STREET,
TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-210-
047; AND
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
Section 1. The City of Temecula does hereby find, determine and declare that:
a. The City is currently implementing the Capital Improvement Program for fiscal
years 1997-2001 adopted by the City Council on June 25, 1996.
b. The City is currently implementing the Old Town Specific Plan and the Capital
Improvement Program 1-1 5/Highway 79S Interchange Project and the Western Bypass Corridor
Phase I Project.
C.The City proposes to purchase the properties described in the attached Purchase
and SalesAgreement ("Agreement") for the purposes of implementing the Project.
d. The Project has been the subject of extensive prior environmental review as part
of the Old Town Redevelopment Project EIR certified by the City Council and Redevelopment
Agency on June 13, 1995. This portion of the Project is exempt from further environmental
review as stated in the findings and as set forth in California Public Resources Code Section and
16 California Code Regulation 15160.
Section 2. The City Council of the City of Temecula hereby approves that certain
agreement entitled "Purchase and Sale Agreement" for property located on the west side of
Front Street immediately west of the intersection of Interstate 1 5 and Front Street, Temecula,
California within Assessor's Parcel Number 922-210-047 and authorizes the Mayor to execute
the Agreement in substantially the form attached hereto as Exhibit A.
Section 3. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 10th day of December, 1996.
Karel F. Lindemans, Mayor
r:\bradlcy\agenda\047&005.pur
ATTEST:
June S. Greek, City Clerk
r:\bradlcy\agen&\047&005.pur
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) Ss
CITY OF TEMECULA )
1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of
the City of Temecula on the 10th day of December, 1996, by the following roll call vote:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS
ABSENT:COUNCILMEMBERS
June S. Greek, City Clerk
r:Nbradky\agendaNO47&005.pur
PURCHASE AND SALE AGRFFMENI
AND ESCROW INSTRIJCTIONS
THIS PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS ("Agreement") is dated and entered into as of December 10, 1996 by and
between Margarita Canyon, LLC ("Seller"), and THE CITY OF TEMECULA, a municipal
corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property
between the parties and the parties' escrow instructions directed to First American Title
Insurance Company ("Escrow Holder").
RECITALS
A. On November 5, 1996 the Buyer delivered Seller an offer (the "Offer")
to purchase the real property interests described in Exhibit "A" attached hereto and made a
part hereof (the "Property") pursuant to Title 1, Division 7, Chapter I of the Government
Code of the State of California (Section 7260, et seq.).
B.Buyer intends to use the Property for public purposes.
C. Seller desires to sell and Buyer desires to buy, the Property on the terms
and conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing premises operative
provisions and the Recitals which are incorporated herein by this reference, the parties hereto
agree as follows:
1. Purcbase and Sale. On the Close of Escrow (as herein defined), Seller
agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the
terms and conditions hereinafter set forth.
2. Purchase @. The total purchase price for the Property to be paid by
Buyer is the sum of Two Hundred Forty-Eight Thousand Eight Hundred Fifty-Three Dollars
($248,853.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of
Escrow.
3. Title and Title Insurance. Upon the Opening of Escrow, Escrow
Holder shall order from First American Title Company ("Title Company") a title commitment
for the Property. Escrow Holder shall also request two copies each of all instruments
identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow
Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's
fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard
Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The
Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest
in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of
record, subject only to the following permitted conditions of title ("Permitted Title
Exceptions"):
(a) The applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Property; and
(b)Those non-monetary exceptions approved by Buyer within fifteen
(15) business days after the date Buyer receives the title commitment and legible copies of all
instruments noted as exceptions therein. If Buyer unconditionally disapproves any such
exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to
Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no
further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller
shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow.
If such conditionally disapproved non-monetary exceptions are not removed by the Close of
Escrow, Buyer may, at Buyer's option, either accept the Property subject to such
encumbrances, or terminate the Escrow and receive a refund of all funds deposited into
Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall
thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the
Property shall be free and clear of all monetary encumbrances.
4. Grant Deed. Seller covenants and agrees to deposit with Escrow
Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller,
granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory
to Buyer and Buyer's -ounsel and shall be accepted by Buyer prior to recording.
5. Authorization to Record Documents and Disburse Funds. Escrow
Holder is hereby authorized to record the documents and disburse the funds and documents
called for hereunder upon the Close of Escrow, provided each of the following conditions has
then been fulfilled:
(a) Title Company can issue in favor of Buyer the Policy, showing
the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder
shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of
any monetary liens encumbering the Property, so that the Property shall be free and clear of
monetary liens and encumbrances at the Close of Escrow.
(b) Escrow Holder shall have received Buyer's notice of approval or
satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided
for in Section I I and
r:Nwhiscm\96\purchaw.047 - 2 - (M&rg@ta Canyon LLC 922-210-047)
(c) Seller shall have deposited in Escrow the Grant Deed required by
Section 4.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of
Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the
Policy, including the Grant Deed.
6. Fscrow. The parties hereby establish an escrow ("Escrow") to
accommodate the transaction contemplated by this Agreement. For purposes of this
Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have
received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow
shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official
Records of the County of Riverside. The Close of Escrow shall be on the date which is not
later than the first business day occurring sixty (60) days after the date of this Agreement.
Before the Close of Escrow, all risk of loss and damage to the Property from any source what-
soever shall be solely that of Seller. Buyer shall pay all escrow costs.
7. Escrow Charges and Prorations. Buyer shall pay for the cost of the
CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow
Holder's customary out-of-pocket expenses for messenger services, long distance telephone,
etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer
taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either
party, Buyer shall pay all Escrow cancellation charges.
8. T,icense to Enter. Seller hereby grants to Buyer and Buyer's authorized
agents, contractors, consultants, assigns, attorneys, accountants and other representatives an
irrevocable license to enter upon the Property for the purpose of making inspections and other
examinations of the Property, including, but not limited to, the right to perform soil and geo-
logical tests of the Property and an environmental site assessment thereof. Buyer shall give
Seller reasonable notice before going on the Property. Buyer does hereby indemnify and
forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless
from and against any and all liability, loss, damages and costs and expenses, demands, causes
of action, claims or judgments, whether or not arising from or occurring out of any damage to
the Property as a result of any accident or other occurrence at the Property which is in any
way connected with Buyer's inspections or non-permanent improvements involving entrance
onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to
Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase
the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal
property, facilities, tools and equipment from the Property.
9. Temporary Construction Easeme@. Seller hereby agrees to
cooperate with the City of Temecula in the construction of the Western Bypass Corridor and
the 1-15/Highway 79S interchange improvements ("Improvements") by providing without
r:%whisem\%%purchaw.047 - 3 - (MaMarita Canyon LLC 922-210-047)
compensation, such temporary construction easements as may be required on property owned
by Seller to facilitate the completion of Improvements.
10. Warr , . I Representations of Seller. Seller hereby represents
and warrants to Buyer the following, it being expressly understood and agreed that all such
representations and warranties are to be true and correct as of the Close of Escrow and shall
survive the Close of Escrow:
(a) That (i) on the Close of Escrow the Property shall be free and
clear of any and all hazardous or toxic substances, materials, and waste, including, but not
limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and
regulations, including environmental, health and safety requirements; (iii) all businesses on the
Property have disposed of their waste in accordance with all applicable statutes, ordinances,
and regulations; and (iv) Seller has no notice of any pending or threatened action or
proceeding arising out of the condition of the Property or alleged violation of environmental,
health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding
the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold
harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses
and damages, including but not limited to attorneys' fees and costs, arising out of any claim
for loss or damage to any property, including the Property, injuries to or death of persons, or
for the cost of cleaning up the Property and removing hazardous or toxic substances, materials
and waste therefrom, by reason of contamination or adverse effects on the environment, or by
reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or
agency requiring the clean-up of the Property, caused by or resulting from any hazardous
material, substance or waste existing on, under or about the Property on the Close of Escrow.
(b) That Seller is the sole owner of the Property free and clear of all
liens, claims, encumbrances, easements, encroachments from adjacent properties,
encroachments by improvements or vegetation on the Property onto adjacent property, or
rights of way of any nature, other than those that may appear on the title commitment. Seller
shall not further encumber the Property or allow the Property or to be further encumbered
prior to the Close of Escrow.
(c) Neither this Agreement nor anything provided to be done
hereunder including the transfer of the Property to Buyer, violates or shall violate any
contract, agreement or instrument to which Seller is a party, or which affects the Property, and
the sale of the Property herein contemplated does not require the consent of any party not a
signatory hereto.
(d) There are no mechanics', materialmen's or similar claims or liens
presently claimed or which will be claimed against the Property for work performed or
commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all
costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relat-
r:\wbiisem\96\purchase.047 - 4 - (Marg2Ata Canyon LLC 922-21@7)
ing to any such lien or any similar lien claimed against the Property and arising from work
performed or commenced prior to the Close of Escrow.
(e) There are no written or oral leases or contractual right or option
to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the
Property or any part thereof, and no persons have any right of possession to the Property or
any part thereof.
(f) Seller has no knowledge of any pending, threatened or potential
litigation, action or proceeding against Seller or any other Party before any court or
administrative tribunal which is in any way related to the Property.
11. Full Payment of All Obligations o@. It is understood and agreed
between Seller and Buyer that the payments made to Seller as set forth in this Agreement
represent an all inclusive settlement and is full and complete payment for just compensation for
the acquisition of all property interests pertaining to the Property and includes and satisfies any
and all other payments, if any, which may be required by law to be paid to Seller arising out
of the acquisition and displacement of the Seller and persons residing on the Property, and
specifically includes, but is not limited to, claims for severance and other damages, attomey's
fees, interest, expenses of litigation, exper-t's fees, precondemnation damages, inverse
condemnation, owner participation rights under the Redevelopment Plan, relocation assistance
and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7,
Chapter I of the Government Code of the State of California (Section 7260, et seq.), and loss
of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section
1263.510, and all costs and expenses whatever in connection therewith. Seller hereby
acknowledges that Buyer has advised Seller of the possible availability of such relocation
assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and
voluntary.
12. Seller's Contingencies. For the benefit of Seller, the Closing of Escrow
and the Seller's obligation to consummate the purchase of the Property shall be contingent
upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it
being agreed that Seller can waive any or all such contingencies) on or before the Close of
Escrow.
(a) That the Close of Escrow shall be contingent on the concurrent
Close of Escrow for property which is the subject of the Purchase & Sale Agreement attached
hereto as Exhibit 'B" and made a part hereof.
13. Buyer's Contingencies. For the benefit of Buyer, the Closing of
Escrow and the Buyer's obligation to consummate the purchase of the Property shall be
contingent upon and subject to the occurrence of all of the following (or Buyer's written
r:kwhiscmN96\purcbAw.047 - 5 - (MargoAta Canyon LLC 922-210-047)
waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or
before the Close of Escrow:
(a) That as of the Close of Escrow the representations and warranties
of Seller contained in this Agreement are all true and correct.
(b)The delivery of all documents pursuant to Section 4 hereof.
(c) Title Company's commitment to issue in favor of Buyer of a
CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the
Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title
Exceptions.
(d) Buyer's approval prior to the Close of Escrow of any
environmental site assessment, soils or geological reports, or other physical inspections of the
Property or the underlying real property that Buyer might perform prior to the Close of
Escrow.
14. Certification of Non-Foreign Status. Seller covenants to deliver to
Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a
similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131,
prior to the Close of Escrow.
15. Default. In the event of a breach or default under this Agreement by
either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at
law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale
of the Property, by delivering written notice thereof to the defaulting party and to Escrow
Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a
refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party
shall be without prejudice to the non-defaulting party's rights and remedies at law or equity.
16. Notices. All notices and demands shall be given in writing by certified
mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be
considered given upon the earlier of (a) personal delivery, (b) two (2) business days following
deposit in the United States mail, postage prepaid, certified or registered, return receipt
requested, or (c) one (1) business day following deposit with an overnight carrier service. A
copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided
below for the respective party; provided that if any party gives notice in writing of a change of
name or address, notices to such party shall thereafter be given as demanded in that notice:
f:\whiscm\96\purchase.047 - 6 - (Mafgarita Canyon LLC 922-21@7)
BUYER:City of Temecula
43200 Business Park Drive
P. 0. Box 9033
Temecula, California 92589-9033
Attn:City Manager
COPY TO:Richards, Watson & Gershon
333 So. Hope St., 38th Fl.
Los Angeles, California 90071
Attn:Peter M. Thorson, Esq.
SELLER:Margarita Canyon, LLC
c/o Fred D. Grimes, Co-Manager and
Jim Roberts, Co-Manager
27740 Jefferson Avenue, Suite 100
Temecula, CA 92590
ESCROW First American Title Company
HOLDER:3625 Fourteenth Street
Riverside, CA 92502
17. Broker's Cortimissions. Seller shall pay all claims of brokers, agents or
finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or
may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable
for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and
agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in
defending or paying any such claims.
18. Further Instructions. Each party agrees to execute such other and
further escrow instructions as may be necessary or proper in order to consummate the
transaction contemplated by this Agreement.
19. Amendments. Any amendments to this Agreement shall be effective
only when duly executed by Buyer and Seller and deposited with Escrow Holder.
20.MiscellaneQm
(a) Applicable Law. This Agreement shall be construed and
interpreted under, and governed and enforced according to the laws of the State of California.
(b) Entire Agreement. This Agreement supersedes any prior
agreement, oral or written, and together with the Exhibits hereto and any agreements delivered
pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter
r:\whism\%\purchase.047 - 7 - (M@ta Canyon LLC 922-210-047)
hereof. No subsequent agreement, representation or promise made by either party hereto, or
by or to any employee, officer, agent or representative of either party, shall be of any effect
unless it is in writing and executed by the party to be bound thereby. No person is authorized
to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any
representation, warranty, guaranty or promise except as set forth herein; and no agreement,
statement, representation or promise made by any such person which is not contained herein
shall be valid or binding on Seller or Buyer.
(c) Successors and Assigns. This Agreement shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors and assigns of the
parties hereto.
(d) Time of Fssence. The parties acknowledge that time is of the
essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's
general Escrow instructions.
(e) Remedies Not Exclusive and Waivm. No remedy conferred
by any of the specific provisions of this Agreement is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. The election of any one or more remedies shall not constitute a waiver of the right
to pursue other available remedies.
(d) Interpretation and Construction. The parties agree that each
party has reviewed and revised this Agreement and have had the opportunity to have their
counsel and real estate advisors review and revise this agreement and that any rule of
construction to the effect that ambiguities are to be resolved against the drafting party shall not
apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this
Agreement the neuter gender includes the feminine and masculine, and singular number
includes the plural, and the words "person" and "party" include corporation, partnership, firm,
trust, or association where ever the context so requires. The recitals and captions of the
sections and subsections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
(e) City Manager Authori@ The City Manager is hereby
directed and authorized to execute such other documents, including without limitation, escrow
instructions and amendments thereto, certificates of acceptance, agreements for payments of
lost rent, or certifications, as may be necessary or convenient to implement the terms of this
Agreement.
21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to
enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or
r:\w@\96@purchaw.047 - 8 - (MargsAta Canyon LLC 922-210-047)
because of a breach of this Agreement by the other party, the prevailing party, whether by
suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees
from the other party.
22. Assigpmenl. Buyer may assign its rights under this Agreement or may
designate a nominee to acquire title to the Property, provided, however, that any such
assignment or designation shall not relieve Buyer of any of its obligations under this
Agreement.
23. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be
concerned with Section 8, 9, 10, 15, and 17 hereof, and Buyer and Seller release Escrow
Holder from liability or obligation as to Section 8, 9, 10, and 15, and 17 hereol
r: \w@em\96\purchase.047 - 9 - Wants Canyon LLC 922-210-047)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first written above.
SELLER
MARGARITA CANYON, LLC
Fred D. (irimes, Co-Manager
Co-Man:eger
Daniel L. Ste@h@ns66 Co-manager
BUYER
CITY OF TEMECULA, a municipal
corporation:
Karel Lindemans, Mayor
ATTEST:
By
June S. Greek, City Clerk
APPROVED AS TO FORM:
By
Peter M. Thorson
City Attorney
r:\whiwm\96\purchase.047 - 10 - (MargeAta Canyon LLC 922-210-047)
E @i@61T "/A"
PARCEL "A"
BEING A PORTION OF LOT A OF LOT LINE ADJUSTMENT NO. 3057 IN THE
CITY OF TEMECULA AS DESCRIBED IN INSTRUMENT NO. 90541, RECORDED
MARCH 19, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, MORE PARTICU @ LY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 11 IN BLOCK 32 OF
THE TOWN OF TEMECULA, AS FILED IN BOOK 32, PAGE 726 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15'42f'-)-"'
WEST, 128.78 FEET (NORTH 15039"7/' WEST 128.78 FEET, RECORD PER
SAID LOT LINE ADJUSTMENT NO. 3057) TO AN ANGLE POINT IN SAID LOT
THENCE LEAVING SAID EASTERLY LINE AND ALONG THE NORTHWESTERLY
LINE OF SAID LOT A NORTH 59036'06" EAST, 9.68 FEET (NORTH
59'039'01" EAST, RECORD PER LOT LINE ADJUSTMENT NO. 3057) TO A
POINT ON A 756.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE
SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 7-39'42" EAST,
SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHWESTERLY LINE EASTERLY A-LONG SAID CURVE
THROUGH A CENTRAL ANGLE OF l'@"@4152", A DISTANCE OF 163.80 FEET
TO THE NORTHEASTERLY LINE OF SAID LOT A;
THENCE A-LONG SAID NORTHEASTERLY LINE NORTH 32040'16" WEST, 175.17
FEET (NORTH 3--038'01" ",qEc@T, RECORD PER SAID LOT LINE ADJUSTMENT
@10. @1057) TO THE BEGINNING ()F A 1030.00 FOOT RADIUS NON-TANGENT
CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS
-SOUTH 48346'53" WE@CT;
THENCE NORTHWESTERLY A-LO@IG SAID CURVE AND CONTINUING ALONG SAID
NORTHEASTERLY LINE OF LOT A THROUGH A CENTRAL ANGLE OF 11039'00",
A DISTANCE OF @@09.43 FEET TO THE MOST NORTHERLY CORNER OF SAID
LOT A;
THENCE ALONG THE WESTEP@LY LINE OF SAID LOT A SOUTH 15042'2"1"
EAST, --178.30 FEET (SOUTH ILS0391-'7"' EAST '-?78.34 FEET, RECORD PER
LOT LINE ADJUSTMEITT @10. 3057) TO AN ANGLE POINT IN SAID
WESTERLY LINE;
THENCE ALONG THE NOF.THWE@QTERL'@ LINE OF SAID LOT A SOUTH 59036'06"
WEST, 21.1-3 FEET TO THE TRUE POINT OF BEGINNING.
RESOLUTION NO. 96-
"A RESOLUTION OF THE CITY OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR
ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY +/- 50,793
SQUARE FEET LOCATED ON THE WEST SIDE OF INTERSTATE 15, TEMECULA,
CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-110-005.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
Section 1. The City of Temecula does hereby find, determine and declare that:
a. The City is currently implementing the Capital Improvement Program for fiscal
years 1997-2001 adopted by the City Council on June 25, 1996.
b. The City is currently implementing the Old Town Specific Plan and the Capital
Improvement Program 1-15/Highway 79S Interchange Project and the Western Bypass Corridor
Phase I Project.
C. The City proposes to purchase the properties described in the attached Purchase
and Sales Agreement ("Agreement") for the purposes of implementing the Project.
d. The Project has been the subject of extensive prior environmental review as part
of the Old Town Redevelopment Project EIR certified by the City Council and Redevelopment
Agency on June 13, 1995. This portion of the Project is exempt from further environmental
review as stated in the findings and as set forth in California Public Resources Code Section and
16 California Code Regulation 15160.
Section 2. The City Council of the City of Temecula hereby approves that certain
agreement entitled "Purchase and Sale Agreement" for property located on the west side of
Interstate 15, Temecula, California within Assessor's Parcel Number 922-110-005.
Section 3. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 10th day of December, 1996.
Karel F. Lindemans, Mayor
r:\bradley\agenda\047&005.pur
ATTEST:
June S. Greek, City Clerk
r:Xbr@ey\agendaXD47&005.pur
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE Ss
CITY OF TEMECULA
1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of
the City of Temecula on the 10th day of December, 1996, by the following roll call vote:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS
ABSENT:COUNCILMEMBERS
June S. Greek, City Clerk
r:\br&Wey%agendaNO47&005.pur
PURCHASE AND SALE AGREF@MENT
AND ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS ("Agreement") is dated and entered into as of December 10, 1996 by and
between Margarita Canyon, LLC ("Seller"), and THE CITY OF TEMECULA, a municipal
corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property
between the par-ties and the parties' escrow instructions directed to First American Title
Insurance Company ("Escrow Holder").
RECITALS
A. On November 5, 1996 the Buyer delivered Seller an offer (the "Offer")
to purchase the real property interests described in Exhibit "A" attached hereto and made a
part hereof (the "Property") pursuant to Title 1, Division 7, Chapter I of the Government
Code of the State of California (Section 7260, et seq.).
B.Buyer intends to use the Property for public purposes.
C. Seller desires to sell and Buyer desires to buy, the Property on the terms
and conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing premises operative
provisions and the Recitals which are incorporated herein by this reference, the parties hereto
agree as follows:
1. Purchase and Sale. On the Close of Escrow (as herein defined), Seller
agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the
terms and conditions hereinafter set forth.
2. Purchase . The total purchase price for the Property to be paid by
Buyer is the sum of Six Hundred Eighty-Eight Thousand Two Hundred Thirty-Four Dollars
($688,234.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of
Escrow.
3. Title and Title Insurance. Upon the Opening of Escrow, Escrow
Holder shall order from First American Title Company ("Title Company") a title commitment
for the Property. Escrow Holder shall also request two copies each of all instruments
identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow
Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's
fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard
Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The
Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest
in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of
record, subject only to the following permitted conditions of title ("Permitted Title
Exceptions"):
(a) The applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Property; and
(b)Those non-monetary exceptions approved by Buyer within fifteen
(15) business days after the date Buyer receives the title commitment and legible copies of all
instruments noted as exceptions therein. If Buyer unconditionally disapproves any such
exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to
Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no
further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller
shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow.
If such conditionally disapproved non-monetary exceptions are not removed by the Close of
Escrow, Buyer may, at Buyer's option, either accept the Property subject to such
encumbrances, or terminate the Escrow and receive a refund of all funds deposited into
Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall
thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the
Property shall be free and clear of all monetary encumbrances.
4. Grant Deed. Seller covenants and agrees to deposit with Escrow
Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller,
granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory
to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording.
5. Authorization to Record Documents and Disburse Funds. Escrow
Holder is hereby authorized to record the documents and disburse the funds and documents
called for hereunder upon the Close of Escrow, provided each of the following conditions has
then been fulfilled:
(a) Title Company can issue in favor of Buyer the Policy, showing
the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder
shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of
any monetary liens encumbering the Property, so that the Property shall be free and clear of
monetary liens and encumbrances at the Close of Escrow.
(b) Escrow Holder shall have received Buyer's notice of approval or
satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided
for in Section I 1; and
r. %whiscm\96\purchaw.005 - 2 - (Matg@ta CiLnyon LLC 922-1 10-005)
(c) Seller shall have deposited in Escrow the Grant Deed required by
Section 4.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of
Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the
Policy, including the Grant Deed.
6. Escrow. The parties hereby establish an escrow ("Escrow") to
accommodate the transaction contemplated by this Agreement. For purposes of this
Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have
received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow
shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official
Records of the County of Riverside. The Close of Escrow shall be on the date which is not
later than the first business day occurring sixty (60) days after the date of this Agreement.
Before the Close of Escrow, all risk of loss and damage to the Property from any source what-
soever shall be solely that of Seller. Buyer shall pay all escrow costs.
7. Escrow Charges and Prorations. Buyer shall pay for the cost of the
CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow
Holder's customary out-of-pocket expenses for messenger services, long distance telephone,
etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer
taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either
party, Buyer shall pay all Escrow cancellation charges.
8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized
agents, contractors, consultants, assigns, attorneys, accountants and other representatives an
irrevocable license to enter upon the Property for the purpose of making inspections and other
examinations of the Property, including, but not limited to, the right to perform soil and geo-
logical tests of the Property and an environmental site assessment thereof. Buyer shall give
Seller reasonable notice before going on the Property. Buyer does hereby indemnify and
forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless
from and against any and all liability, loss, damages and costs and expenses, demands, causes
of action, claims or judgments, whether or not arising from or occurring out of any damage to
the Property as a result of any accident or other occurrence at the Property which is in any
way connected with Buyer's inspections or non-permanent improvements involving entrance
onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to
Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase
the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal
property, facilities, tools and equipment from the Property.
9. Teml2orary-construction Easements. Seller hereby agrees to
cooperate with the City of Temecula in the construction of the Western Bypass Corridor and
the 1-15/Highway 79S interchange improvements ("Improvements") by providing without
r:\w@\96\purchaw.005 - 3 - (Margafita Canyon LLC 922-110-005)
compensation such temporary construction easements as may be required on property owned
by Seller to facilitate the completion of Improvements.
10. Warranties and Representation,; of Seller. Seller hereby represents
and warrants to Buyer the following, it being expressly understood and agreed that all such
representations and warranties are to be true and correct as of the Close of Escrow and shall
survive the Close of Escrow:
(a) That (i) on the Close of Escrow the Property shall be free and
clear of any and all hazardous or toxic substances, materials, and waste, including, but not
limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and
regulations, including environmental, health and safety requirements; (iii) all businesses on the
Property have disposed of their waste in accordance with all applicable statutes, ordinances,
and regulations; and (iv) Seller has no notice of any pending or threatened action or
proceeding arising out of the condition of the Property or alleged violation of environmental,
health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding
the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold
harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses
and damages, including but not limited to attorneys' fees and costs, arising out of any claim
for loss or damage to any property, including the Property, injuries to or death of persons, or
for the cost of cleaning up the Property and removing hazardous or toxic substances, materials
and waste therefrom, by reason of contamination or adverse effects on the environment, or by
reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or
agency requiring the clean-up of the Property, caused by or resulting from any hazardous
material, substance or waste existing on, under or about the Property on the Close of Escrow.
(b) That Seller is the sole owner of the Property free and clear of all
liens, claims, encumbrances, easements, encroachments from adjacent properties,
encroachments by improvements or vegetation on the Property onto adjacent property, or
rights of way of any nature, other than those that may appear on the title commitment. Seller
shall not further encumber the Property or allow the Property or to be further encumbered
prior to the Close of Escrow.
(c) Neither this Agreement nor anything provided to be done
hereunder including the transfer of the Property to Buyer, violates or shall violate any
contract, agreement or instrument to which Seller is a party, or which affects the Property, and
the sale of the Property herein contemplated does not require the consent of any party not a
signatory hereto.
(d) There are no mechanics', materialmen's or similar claims or liens
presently claimed or which will be claimed against the Property for work performed or
commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all
costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relat-
r:\whiscm\96%purchase.005 - 4 - (Margarita Canyon LLC 922-110-005)
ing to any such lien or any similar lien claimed against the Property and arising from work
performed or commenced prior to the Close of Escrow.
(e) There are no written or oral leases or contractual right or option
to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the
Property or any part thereof, and no persons have any right of possession to the Property or
any part thereof.
(f) Seller has no knowledge of any pending, threatened or potential
litigation, action or proceeding against Seller or any other Party before any court or
administrative tribunal which is in any way related to the Property.
11. Full Payment of All Obligations of @. It is understood and agreed
between Seller and Buyer that the payments made to Seller as set forth in this Agreement
represent an all inclusive settlement and is full and complete payment for just compensation for
the acquisition of all property interests pertaining to the Property and includes and satisfies any
and all other payments, if any, which may be required by law to be paid to Seller arising out
of the acquisition and displacement of the Seller and persons residing on the Property, and
specifically includes, but is not limited to, claims for severance and other damages, attomey's
fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse
condemnation, owner participation rights under the Redevelopment Plan, relocation assistance
and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7,
Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss
of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section
1263.510, and all costs and expenses whatever in connection therewith. Seller hereby
acknowledges that Buyer has advised Seller of the possible availability of such relocation
assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and
voluntary.
12. Seller's Contingencies. For the benefit of Seller, the Closing of Escrow
and the Seller's obligation to consummate the purchase of the Property shall be contingent
upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it
being agreed that Seller can waive any or all such contingencies) on or before the Close of
Escrow.
(a) That the Close of Escrow shall be contingent on the concurrent
Close of Escrow for property which is the subject of the Purchase & Sale Agreement attached
hereto as Exhibit 'B" and made a part hereof.
13. Buyer's Contingencies. For the benefit of Buyer, the Closing of
Escrow and the Buyer's obligation to consummate the purchase of the Property shall be
contingent upon and subject to the occurrence of all of the following (or Buyer's written
r:\whiwm\96\purchase.005 - 5 - (Margarita Canyon LLC 922-1 l@5)
waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or
before the Close of Escrow:
(a) That as of the Close of Escrow the representations and warranties
of Seller contained in this Agreement are all true and correct.
(b)The delivery of all documents pursuant to Section 4 hereof.
(c) Title Company's commitment to issue in favor of Buyer of a
CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the
Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title
Exceptions.
(d) Buyer's approval prior to the Close of Escrow of any
environmental site assessment, soils or geological reports, or other physical inspections of the
Property or the underlying real property that Buyer might perform prior to the Close of
Escrow.
14. Ceilirication of Non-Foreign Status. Seller covenants to deliver to
Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a
similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131,
prior to the Close of Escrow.
15. Default. In the event of a breach or default under this Agreement by
either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at
law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale
of the Property, by delivering written notice thereof to the defaulting party and to Escrow
Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a
refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party
shall be without prejudice to the non-defaulting par-ty's rights and remedies at law or equity.
16. Notices. All notices and demands shall be given in writing by certified
mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be
considered given upon the earlier of (a) personal delivery, (b) two (2) business days following
deposit in the United States mail, postage prepaid, certified or registered, return receipt
requested, or (c) one (1) business day following deposit with an overnight carrier service. A
copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided
below for the respective party; provided that if any party gives notice in writing of a change of
name or address, notices to such party shall thereafter be given as demanded in that notice:
r: \whisem\96\purchasc.005 - 6 - (Margarita Canyon LLC 922-11@5)
BUYER:City of Temecula
43200 Business Park Drive
P. 0. Box 9033
Temecula, California 92589-9033
Attn:City Manager
COPY TO:Richards, Watson & Gershon
333 So. Hope St., 38th Fl.
Los Angeles, California 90071
Attn:Peter M. Thorson, Esq.
SELLER:Margarita Canyon, LLC
c/o Fred D. Grimes, Co-Manager and
Jim Roberts, Co-Manager
27740 Jefferson Avenue, Suite 100
Temecula, CA 92590
ESCROW First American Title Company
HOLDER:3625 Fourteenth Street
Riverside, CA 92502
17. Broker's C... . Seller shall pay all claims of brokers, agents or
finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or
may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable
for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and
agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in
defending or paying any such claims.
18. Further Instructions. Each party agrees to execute such other and
further escrow instructions as may be necessary or proper in order to consummate the
transaction contemplated by this Agreement.
19. Amendments. Any amendments to this Agreement shall be effective
only when duly executed by Buyer and Seller and deposited with Escrow Holder.
20.Miscellanemm
(a) A1211licable Law. This Agreement shall be construed and
interpreted under, and governed and enforced according to the laws of the State of California.
(b) Entire Agreement. This Agreement supersedes any prior
agreement, oral or written, and together with the Exhibits hereto and any agreements delivered
pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter
r:\whisem\96\purc"w.005 - 7 - @afita Canyon LLC 922- t I O-OOS)
hereof. No subsequent agreement, representation or promise made by either party hereto, or
by or to any employee, officer, agent or representative of either party, shall be of any effect
unless it is in writing and executed by the party to be bound thereby. No person is authorized
to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any
representation, warranty, guaranty or promise except as set forth herein; and no agreement,
statement, representation or promise made by any such person which is not contained herein
shall be valid or binding on Seller or Buyer.
(c) Successors and Assigns. This Agreement shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors and assigns of the
parties hereto.
(d) Time of Essence. The parties acknowledge that time is of the
essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's
general Escrow instructions.
(e) Remedies Not Exclusive and Waivers. No remedy conferred
by any of the specific provisions of this Agreement is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. The election of any one or more remedies shall not constitute a waiver of the right
to pursue other available remedies.
(d) Interpretation and Construction. The parties agree that each
party has reviewed and revised this Agreement and have had the opportunity to have their
counsel and real estate advisors review and revise this agreement and that any rule of
construction to the effect that ambiguities are to be resolved against the drafting party shall not
apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this
Agreement the neuter gender includes the feminine and masculine, and singular number
includes the plural, and the words "person" and "party" include corporation, partnership, firm,
trust, or association where ever the context so requires. The recitals and captions of the
sections and subsections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
(e) City Manager Authori@ The City Manager is hereby
directed and authorized to execute such other documents, including without limitation, escrow
instructions and amendments thereto, certificates of acceptance, agreements for payments of
lost rent, or certifications, as may be necessary or convenient to implement the terms of this
Agreement.
21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to
enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or
r:\wttiscm\96%purchase.005 - 8 - (Mar-goAta Canyon LLC 922-110-005)
because of a breach of this Agreement by the other party, the prevailing party, whether by
suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees
from the other party.
22. Assignment. Buyer may assign its rights under this Agreement or may
designate a nominee to acquire title to the Property, provided, however, that any such
assignment or designation shall not relieve Buyer of any of its obligations under this
Agreement.
23. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be
concerned with Section 8, 9, 10, 15, and 17 hereof, and Buyer and Seller release Escrow
Holder from liability or obligation as to Section 8, 9, 10, 15, and hereol
r: \whiscm\96\purchase. 005 - 9 - (Margarita Canyon LLC 922-110-OOS)
IN WITNESS @EREOF, the parties hereto have executed this Agreement as
of the day and year first written above.
SELLER
MARGARITA CANYON, LLC
Fred D. Grimes, Co-Manager
,,,@7im Rob@r(s, Co-manager
Daniel L. Stephensonf Co-Manager
BUYER
CITY OF TEMECULA, a municipal
corporation:
Karel Lindemans, Mayor
ATTEST:
By
June S. Greek, City Clerk
APPROVED AS TO FORM:
By
Peter M. Thorson
City Attorney
r:\whisem\96\purchase.005 - 10 - (Margarita Canyon LLC 922-110-005)
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIAO 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 SOUTHEASTERLY CORNER OF SAID LOT 11;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15042'22"
WEST, 288.50 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 11,
SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 11 SOUTH 74017'38"
WEST, 588.03 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 11,
SAID POINT BEING ALSO ON A 3739.84 FOOT RADIUS NON-TANGENT CURVE
CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
690@@7119" WEST;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 11 AND SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 00*44'28", A DISTANCE OF
48.37 FEET;
THENCE LEAVING SAID WESTERLY LINE AND SAID CURVE NORTH 82*41'51"
EAST, 377.69 FEET TO THE BEGINNING OF A 756.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
14011'36", A DISTANCE OF 187.@-8 FEET TO SAID EASTERLY LINE OF LOT
11;
THENCE ALONG SAID EASTERLY LINE NORTH 15042'2-1" WEST, 153.@n9 FEET
TO THE TRUE POINT OF BEGINNING;
CONTAINING c@0,793.34 SQUARE FEET OR 1.17 ACRES, MORE OR LESS.
J:\KRDNCPLW.DOC
KRDC. INC.
PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS ("Agreement") is dated and entered into as of December 10, 1996 by and
between Margarita Canyon, LLC ("Seller"), and THE CITY OF TEMECULA, a municipal
corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property
between the parties and the par-ties' escrow instructions directed to First American Title
Insurance Company ("Escrow Holder").
RECITAL!I
A. On November 5, 1996 the Buyer delivered Seller an offer (the "Offer")
to purchase the real property interests described in Exhibit "A" attached hereto and made a
part hereof (the "Property") pursuant to Title 1, Division 7, Chapter 1 of the Government
Code of the State of California (Section 7260, et seq.).
B.Buyer intends to use the Property for public purposes.
C. Seller desires to sell and Buyer desires to buy, the Property on the terms
and conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing premises operative
provisions and the Recitals which are incorporated herein by this reference, the parties hereto
agree as follows:
1. Purcbase and Sale. On the Close of Escrow (as herein defined), Seller
agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the
terms and conditions hereinafter set forth.
2. Purchase . The total purchase price for the Property to be paid by
Buyer is the sum of Six Hundred Eighty-Eight Thousand Two Hundred Thirty-Four Dollars
($688,234.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of
Escrow.
3. Title and Title Insurance. Upon the Opening of Escrow, Escrow
Holder shall order from First American Title Company ("Title Company") a title commitment
for the Property. Escrow Holder shall also request two copies each of all instruments
identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow
Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's
fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard
Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The
Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest
in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of
record, subject only to the following permitted conditions of title ("Permitted Title
Exceptions"):
(a) The applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Property; and
(b)Those non-monetary exceptions approved by Buyer within fifteen
(15) business days after the date Buyer receives the title commitment and legible copies of all
instruments noted as exceptions therein. If Buyer unconditionally disapproves any such
exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to
Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no
further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller
shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow.
If such conditionally disapproved non-monetary exceptions are not removed by the Close of
Escrow, Buyer may, at Buyer's option, either accept the Property subject to such
encumbrances, or terminate the Escrow and receive a refund of all funds deposited into
Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall
thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the
Property shall be free and clear of all monetary encumbrances.
4. Grant Deed. Seller covenants and agrees to deposit with Escrow
Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller,
granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory
to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording.
5. Authorization to Record Documents and Disburse Funds. Escrow
Holder is hereby authorized to record the documents and disburse the funds and documents
called for hereunder upon the Close of Escrow, provided each of the following conditions has
then been fulfilled:
(a) Title Company can issue in favor of Buyer the Policy, showing
the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder
shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of
any monetary liens encumbering the Property, so that the Property shall be free and clear of
monetary liens and encumbrances at the Close of Escrow.
(b) Escrow Holder shall have received Buyer's notice of approval or
satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided
for in Section I 1; and
r: \whiscm\96\purchase.005 - 2 - (Margarita Canyon LLC 922-1 10-005)
(c) Seller shall have deposited in Escrow the Grant Deed required by
Section 4.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of
Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the
Policy, including the Grant Deed.
6. Escrow. The parties hereby establish an escrow ("Escrow") to
accommodate the transaction contemplated by this Agreement. For purposes of this
Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have
received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow
shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official
Records of the County of Riverside. The Close of Escrow shall be on the date which is not
later than the first business day occurring sixty (60) days after the date of this Agreement.
Before the Close of Escrow, all risk of loss and damage to the Property from any source what-
soever shall be solely that of Seller. Buyer shall pay all escrow costs.
7. Escrow Charges and Prorations. Buyer shall pay for the cost of the
CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow
Holder's customary out-of-pocket expenses for messenger services, long distance telephone,
etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer
taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either
party, Buyer shall pay all Escrow cancellation charges.
8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized
agents, contractors, consultants, assigns, attorneys, accountants and other representatives an
irrevocable license to enter upon the Property for the purpose of making inspections and other
examinations of the Property, including, but not limited to, the right to perform soil and geo-
logical tests of the Property and an environmental site assessment thereof. Buyer shall give
Seller reasonable notice before going on the Property. Buyer does hereby indemnify and
forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless
from and against any and all liability, loss, damages and costs and expenses, demands, causes
of action, claims or judgments, whether or not arising from or occurring out of any damage to
the Property as a result of any accident or other occurrence at the Property which is in any
way connected with Buyer's inspections or non-permanent improvements involving entrance
onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to
Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase
the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal
property, facilities, tools and equipment from the Property.
9. Temporary Construction Easements. Seller hereby agrees to
cooperate with the City of Temecula in the construction of the Western Bypass Corridor and
the 1-15/Highway 79S interchange improvements ("Improvements") by providing without
r:\w@\96\purchaw.005 - 3 - (Margarita Canyon LLC 922-1 1 0-005)
compensation such temporary construction easements as may be required on property owned
by Seller to facilitate the completion of Improvements.
10. Warranties and Representations of Seller. Seller hereby represents
and warrants to Buyer the following, it being expressly understood and agreed that all such
representations and warranties are to be true and correct as of the Close of Escrow and shall
survive the Close of Escrow:
(a) That (i) on the Close of Escrow the Property shall be free and
clear of any and all hazardous or toxic substances, materials, and waste, including, but not
limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and
regulations, including environmental, health and safety requirements; (iii) all businesses on the
Property have disposed of their waste in accordance with all applicable statutes, ordinances,
and regulations; and (iv) Seller has no notice of any pending or threatened action or
proceeding arising out of the condition of the Property or alleged violation of environmental,
health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding
the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold
harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses
and damages, including but not limited to attorneys' fees and costs, arising out of any claim
for loss or damage to any property, including the Property, injuries to or death of persons, or
for the cost of cleaning up the Property and removing hazardous or toxic substances, materials
and waste therefrom, by reason of contamination or adverse effects on the environment, or by
reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or
agency requiring the clean-up of the Property, caused by or resulting from any hazardous
material, substance or waste existing on, under or about the Property on the Close of Escrow.
(b) That Seller is the sole owner of the Property free and clear of all
liens, claims, encumbrances, easements, encroachments from adjacent properties,
encroachments by improvements or vegetation on the Property onto adjacent property, or
rights of way of any nature, other than those that may appear on the title commitment. Seller
shall not further encumber the Property or allow the Property or to be further encumbered
prior to the Close of Escrow.
(c) Neither this Agreement nor anything provided to be done
hereunder including the transfer of the Property to Buyer, violates or shall violate any
contract, agreement or instrument to which Seller is a party, or which affects the Property, and
the sale of the Property herein contemplated does not require the consent of any party not a
signatory hereto.
(d) There are no mechanics', materialmen's or similar claims or liens
presently claimed or which will be claimed against the Properi,; for work performed or
commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all
costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relat-
r:\whiwmk96\purchase.005 - 4 - (Margarita Canyon LLC 922-110-005)
ing to any such lien or any similar lien claimed against the Property and arising from work
performed or commenced prior to the Close of Escrow.
(e) There are no written or oral leases or contractual right or option
to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the
Property or any part thereof, and no persons have any right of possession to the Property or
any part thereof.
(f) Seller has no knowledge of any pending, threatened or potential
litigation, action or proceeding against Seller or any other Party before any court or
administrative tribunal which is in any way related to the Property.
11. Full Payment of All Obligations o@. It is understood and agreed
between Seller and Buyer that the payments made to Seller as set forth in this Agreement
represent an all inclusive settlement and is full and complete payment for just compensation for
the acquisition of all property interests pertaining to the Property and includes and satisfies any
and all other payments, if any, which may be required by law to be paid to Seller arising out
of the acquisition and displacement of the Seller and persons residing on the Property, and
specifically includes, but is not limited to, claims for severance and other damages, attomey's
fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse
condemnation, owner participation rights under the Redevelopment Plan, relocation assistance
and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7,
Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss
of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section
1263.510, and all costs and expenses whatever in connection therewith. Seller hereby
acknowledges that Buyer has advised Seller of the possible availability of such relocation
assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and
voluntary.
12. Seller's Contingencies. For the benefit of Seller, the Closing of Escrow
and the Seller's obligation to consummate the purchase of the Property shall be contingent
upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it
being agreed that Seller can waive any or all such contingencies) on or before the Close of
Escrow.
(a) That the Close of Escrow shall be contingent on the concurrent
Close of Escrow for property which is the subject of the Purchase & Sale Agreement attached
hereto as Exhibit 'B" and made a part hereof.
13. Buyer's Contingencies. For the benefit of Buyer, the Closing of
Escrow and the Buyer's obligation to consummate the purchase of the Property shall be
contingent upon and subject to the occurrence of all of the following (or Buyer's written
r: @whiwm\96\purchase.005 - 5 - Santa Canyon LLC 922-1 1 @5)
waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or
before the Close of Escrow:
(a) That as of the Close of Escrow the representations and warranties
of Seller contained in this Agreement are all true and correct.
(b)The delivery of all documents pursuant to Section 4 hereof.
(c) Title Company's commitment to issue in favor of Buyer of a
CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the
Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title
Exceptions.
(d) Buyer's approval prior to the Close of Escrow of any
environmental site assessment, soils or geological reports, or other physical inspections of the
Property or the underlying real property that Buyer might perform prior to the Close of
Escrow.
14. Certification of Non-Foreian Status. Seller covenants to deliver to
Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a
similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131,
prior to the Close of Escrow.
15. Default. In the event of a breach or default under this Agreement by
either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at
law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale
of the Property, by delivering written notice thereof to the defaulting party and to Escrow
Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a
refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party
shall be without prejudice to the non-defaulting party's rights and remedies at law or equity.
16. Notices. All notices and demands shall be given in writing by certified
mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be
considered given upon the earlier of (a) personal delivery, (b) two (2) business days following
deposit in the United States mail, postage prepaid, certified or registered, return receipt
requested, or (c) one (1) business day following deposit with an overnight carrier service. A
copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided
below for the respective party; provided that if any party gives notice in writing of a change of
name or address, notices to such party shall thereafter be given as demanded in that notice:
r: \whisem\96\purchase.005 - 6 - (Margarita Canyon LLC 922-110-005)
BUYER:City of Temecula
43200 Business Park Drive
P. 0. Box 9033
Temecula, California 92589-9033
Attn:City Manager
COPY TO:Richards, Watson & Gershon
333 So. Hope St., 38th Fl.
Los Angeles, California 90071
Attn:Peter M. Thorson, Esq.
SELLER:Margarita Canyon, LLC
c/o Fred D. Grimes, Co-Manager and
Jim Roberts, Co-Manager
27740 Jefferson Avenue, Suite 100
Temecula, CA 92590
ESCROW First American Title Company
HOLDER:3625 Fourteenth Street
Riverside, CA 92502
17. Broker's C... . Seller shall pay all claims of brokers, agents or
finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or
may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable
for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and
agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in
defending or paying any such claims.
18. Further Instrtictions. Each party agrees to execute such other and
further escrow instructions as may be necessary or proper in order to consummate the
transaction contemplated by this Agreement.
19. AmendmmB. Any amendments to this Agreement shall be effective
only when duly executed by Buyer and Seller and deposited with Escrow Holder.
20.Miseellapeom
(a) A12plicable Lam. This Agreement shall be construed and
interpreted under, and governed and enforced according to the laws of the State of California.
(b) Entire Agreement. This Agreement supersedes any prior
agreement, oral or written, and together with the Exhibits hereto and any agreements delivered
pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter
r:\whisem\96\purchase.005 - 7 - Marg@ta Canyon LLC 922-1 10-005)
hereol No subsequent agreement, representation or promise made by either party hereto, or
by or to any employee, officer, agent or representative of either party, shall be of any effect
unless it is in writing and executed by the party to be bound thereby. No person is authorized
to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any
representation, warranty, guaranty or promise except as set forth herein; and no agreement,
statement, representation or promise made by any such person which is not contained herein
shall be valid or binding on Seller or Buyer.
(c) Successors and Assigns. This Agreement shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors and assigns of the
parties hereto.
(d) Time of Essence. The parties acknowledge that time is of the
essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's
general Escrow instructions.
(e) Remedies Not Exclusive and Waivers. No remedy conferred
by any of the specific provisions of this Agreement is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. The election of any one or more remedies shall not constitute a waiver of the right
to pursue other available remedies.
(d) Interpretation and Construction. The parties agree that each
party has review@ and revised this Agreement and have had the opportunity to have their
counsel and real estate advisors review and revise this agreement and that any rule of
construction to the effect that ambiguities are to be resolved against the drafting party shall not
apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this
Agreement the neuter gender includes the feminine and masculine, and singular number
includes the plural, and the words "person" and "party" include corporation, partnership, firm,
trust, or association where ever the context so requires. The recitals and captions of the
sections and subsections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
(e) City Manager Autbori@ The City Manager is hereby
directed and authorized to execute such other documents, including without limitation, escrow
instructions and amendments thereto, certificates of acceptance, agreements for payments of
lost rent, or certifications, as may be necessary or convenient to implement the terms of this
Agreement.
21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to
enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or
r:\whiscm\96\purchase.005 - 8 - (Marg@ta Canyon LLC 922-110-005)
because of a breach of this Agreement by the other party, the prevailing party, whether by
suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees
from the other party.
22. Assignmenl. Buyer may assign its rights under this Agreement or may
designate a nominee to acquire title to the Property, provided, however, that any such
assignment or designation shall not relieve Buyer of any of its obligations under this
Agreement.
23. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be
concerned with Section 8, 9, 10, 15, and 17 hereof, and Buyer and Seller release Escrow
Holder from liability or obligation as to Section 8, 9, 10, 15, and hereof.
r: \whisemk96\purchase.005 - 9 - (Margarita Canyon LLC 922-110-005)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first written above.
SELLER
MARGARITA CANYON, LLC
@- 1)
Fred D. Grimes, Co-Manager
Roberts, Co-Manager
Daniel L. Stephens @n, Co-Manager
BUYER
CITY OF TEMECULA, a municipal
corporation:
Karel Lindemans, Mayor
ATTEST:
By
June S. Greek, City Clerk
APPROVED AS TO FORM:
Bv
@eter M. Thorson
City Attorney
r:\whisem\96\purchase.005 - 10 - (Margarita Canyon LLC 922-110-005)
EXHIBIT "A"
IZGAL DESCRIPTION
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
32, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
C NCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11;
THENCE ALONG THE E@@i'ERLY LINE OF SAID LOT 11 NORTH 15"42'22"
WEST, 288.50 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 11,
SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 11 SOUTH 74017f38"
WEST, 588.03 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 11,
SAID POINT BEING ALSO ON A 3739.84 FOOT RADIUS NON-TANGENT CURVE
CONCAVE EASTERLY, A RADIAL LI14E TO SAID POINT BEARS SOUTH
69'27'19" WEST;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 11 AND SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 00044'28",, A DISTANCE OF
48.37 FEET;
THENCE LEAVING SAID WESTERLY LINE AND SAID CURVE NORTH 8204lf5l"
EAST, 377.69 FEET TO THE BEGINNING OF A 756.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENT @ ANGLE OF
14011'36", A DISTANCE OF 187.'-'8 FEET TO SAID EASTERLY LINE OF LOT
11;
THENCE ALONG SAID EASTERLY LINE NORTH 15042"-'2" WEST, 153.29 FEET
TO THE TRUE POINT OF BEGINNING;
CONTAINING 50,793.34 SQUARE FEET OR 1.17 ACRES, MORE OR LESS.
1:PLW.DOC
KRJDC, INC.
PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS ("Agreement") is dated and entered into as of December 10, 1996 by and
between Margarita Canyon, LLC ("Seller"), and THE CITY OF TEMECULA, a municipal
corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property
between the parties and the parties' escrow instructions directed to First American Title
Insurance Company ("Escrow Holder").
RECITALS
A. On November 5, 1996 the Buyer delivered Seller an offer (the "Offer")
to purchase the real property interests described in Exhibit "A" attached hereto and made a
part hereof (the "Property") pursuant to Title 1, Division 7, Chapter I of the Government
Code of the State of California (Section 7260, et seq.).
B.Buyer intends to use the Property for public purposes.
C. Seller desires to sell and Buyer desires to buy, the Property on the terms
and conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing premises operative
provisions and the Recitals which are incorporated herein by this reference, the parties hereto
agree as follows:
1. Purchase and Sale. On the Close of Escrow (as herein defined), Seller
agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the
terms and conditions hereinafter set forth.
2. Purchase @. The total purchase price for the Property to be paid by
Buyer is the sum of Two Hundred Forty-Eight Thousand Eight Hundred Fifty-Three Dollars
($248,853.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of
Escrow.
3. Title and Title Insurance. Upon the Opening of Escrow, Escrow
Holder shall order from First American Title Company ("Title Company") a title commitment
for the Property. Escrow Holder shall also request two copies each of all instruments
identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow
Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's
fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard
Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The
Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest
in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of
record, subject only to the following permitted conditions of title ("Permitted Title
Exceptions"):
(a) The applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Property; and
(b)Those non-monetary exceptions approved by Buyer within fifteen
(15) business days after the date Buyer receives the title commitment and legible copies of all
instruments noted as exceptions therein. If Buyer unconditionally disapproves any such
exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to
Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no
further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller
shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow.
If such conditionally disapproved non-monetary exceptions are not removed by the Close of
Escrow, Buyer may, at Buyer's option, either accept the Property subject to such
encumbrances, or terminate the Escrow and receive a refund of all funds deposited into
Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall
thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the
Property shall be free and clear of all monetary encumbrances.
4. Grant Deed. Seller covenants and agrees to deposit with Escrow
Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller,
granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory
to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording.
5. Authorization to Record Documents and Disburse Funds. Escrow
Holder is hereby authorized to record the documents and disburse the funds and documents
called for hereunder upon the Close of Escrow, provided each of the following conditions has
then been fulfilled:
(a) Title Company can issue in favor of Buyer the Policy, showing
the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder
shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of
any monetary liens encumbering the Property, so that the Property shall be free and clear of
monetary liens and encumbrances at the Close of Escrow.
(b) Escrow Holder shall have received Buyer's notice of approval or
satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided
for in Section 1 1; and
r:\whiscm\96\purchaw.047 - 2 - Santa Canyon LLC 922-21@7)
(c) Seller shall have deposited in Escrow the Grant Deed required by
Section 4.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of
Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the
Policy, including the Grant Deed.
6. Escrow. The parties hereby establish an escrow ("Escrow") to
accommodate the transaction contemplated by this Agreement. For purposes of this
Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have
received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow
shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official
Records of the County of Riverside. The Close of Escrow shall be on the date which is not
later than the first business day occurring sixty (60) days after the date of this Agreement.
Before the Close of Escrow, all risk of loss and damage to the Property from any source what-
soever shall be solely that of Seller. Buyer shall pay all escrow costs.
7. Escrow Charges and Prorations. Buyer shall pay for the cost of the
CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow
Holder's customary out-of-pocket expenses for messenger services, long distance telephone,
etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer
taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either
party, Buyer shall pay all Escrow cancellation charges.
8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized
agents, contractors, consultants, assigns, attorneys, accountants and other representatives an
irrevocable license to enter upon the Property for the purpose of making inspections and other
examinations of the Property, including, but not limited to, the right to perform soil and geo-
logical tests of the Property and an environmental site assessment thereof Buyer shall give
Seller reasonable notice before going on the Property. Buyer does hereby indemnify and
forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless
from and against any and all liability, loss, damages and costs and expenses, demands, causes
of action, claims or judgments, whether or not arising from or occurring out of any damage to
the Property as a result of any accident or other occurrence at the Property which is in any
way connected with Buyer's inspections or non-permanent improvements involving entrance
onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to
Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase
the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal
property, facilities, tools and equipment from the Property.
9. Temporary Construction Easements. Seller hereby agrees to
cooperate with the City of Temecula in the construction of the Western Bypass Corridor and
the I-15/Highway 79S interchange improvements ("Improvements") by providing without
r: \whisem\96\purchaw.047 - 3 - Santa Canyon LLC 922-210-047)
compensation, such temporary construction easements as may be required on property owned
by Seller to facilitate the completion of Improvements.
10. Warranties and Rel2resentations of Seller. Seller hereby represents
and warrants to Buyer the following, it being expressly understood and agreed that all such
representations and warranties are to be true and correct as of the Close of Escrow and shall
survive the Close of Escrow:
(a) That (i) on the Close of Escrow the Property shall be free and
clear of any and all hazardous or toxic substances, materials, and waste, including, but not
limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and
regulations, including environmental, health and safety requirements; (iii) all businesses on the
Property have disposed of their waste in accordance with all applicable statutes, ordinances,
and regulations; and (iv) Seller has no notice of any pending or threatened action or
proceeding arising out of the condition of the Property or alleged violation of environmental,
health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding
the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold
harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses
and damages, including but not limited to attorneys' fees and costs, arising out of any claim
for loss or damage to any property, including the Property, injuries to or death of persons, or
for the cost of cleaning up the Property and removing hazardous or toxic substances, materials
and waste therefrom, by reason of contamination or adverse effects on the environment, or by
reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or
agency requiring the clean-up of the Property, caused by or resulting from any hazardous
material, substance or waste existing on, under or about the Property on the Close of Escrow.
(b) That Seller is the sole owner of the Property free and clear of all
liens, claims, encumbrances, easements, encroachments from adjacent properties,
encroachments by improvements or vegetation on the Property onto adjacent property, or
rights of way of any nature, other than those that may appear on the title commitment. Seller
shall not further encumber the Property or allow the Property or to be further encumbered
prior to the Close of Escrow.
(c) Neither this Agreement nor anything provided to be done
hereunder including the transfer of the Property to Buyer, violates or shall violate any
contract, agreement or instrument to which Seller is a party, or which affects the Property, and
the sale of the Property herein contemplated does not require the consent of any party not a
signatory hereto.
(d) There are no mechanics', materialmen's or similar claims or liens
presently claimed or which will be claimed against the Property for work performed or
commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all
costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relat-
r: \whisem\96\purchase.047 - 4 (Margarita Canyon LLC 922-21@7)
ing to any such lien or any similar lien claimed against the Property and arising from work
performed or commenced prior to the Close of Escrow.
(e) There are no written or oral leases or contractual right or option
to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the
Property or any part thereof, and no persons have any right of possession to the Property or
any part thereof.
(f) Seller has no knowledge of any pending, threatened or potential
litigation, action or proceeding against Seller or any other Party before any court or
administrative tribunal which is in any way related to the Property.
11. Full Payment of All Obligations of City. It is understood and agreed
between Seller and Buyer that the payments made to Seller as set forth in this Agreement
represent an all inclusive settlement and is full and complete payment for just compensation for
the acquisition of all property interests pertaining to the Property and includes and satisfies any
and all other payments, if any, which may be required by law to be paid to Seller arising out
of the acquisition and displacement of the Seller and persons residing on the Property, and
specifically includes, but is not limited to, claims for severance and other damages, attomey's
fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse
condemnation, owner participation rights under the Redevelopment Plan, relocation assistance
and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7,
Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss
of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section
1263.510, and all costs and expenses whatever in connection therewith. Seller hereby
acknowledges that Buyer has advised Seller of the possible availability of such relocation
assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and
voluntary.
12. Seller's Contingencies. For the benefit of Seller, the Closing of Escrow
and the Seller's obligation to consummate the purchase of the Property shall be contingent
upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it
being agreed that Seller can waive any or all such contingencies) on or before the Close of
Escrow.
(a) That the Close of Escrow shall be contingent on the concurrent
Close of Escrow for property which is the subject of the Purchase & Sale Agreement attached
hereto as Exhibit 'B" and made a part hereof.
13. Buyer's Contingencies. For the benefit of Buyer, the Closing of
Escrow and the Buyer's obligation to consummate the purchase of the Property shall be
contingent upon and subject to the occurrence of all of the following (or Buyer's written
r:\whiscm\96\purchase.047 - 5 - (Margafita Canyon LLC 922-210-047)
waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or
before the Close of Escrow:
(a) That as of the Close of Escrow the representations and warranties
of Seller contained in this Agreement are all true and correct.
(b)The delivery of all documents pursuant to Section 4 hereof.
(c) Title Company's commitment to issue in favor of Buyer of a
CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the
Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title
Exceptions.
(d) Buyer's approval prior to the Close of Escrow of any
environmental site assessment, soils or geological reports, or other physical inspections of the
Property or the underlying real property that Buyer might perform prior to the Close of
Escrow.
14. Certification of Non-Foreign Status. Seller covenants to deliver to
Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a
similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131,
prior to the Close of Escrow.
15. Default. In the event of a breach or default under this Agreement by
either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at
law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale
of the Property, by delivering written notice thereof to the defaulting party and to Escrow
Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a
refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party
shall be without prejudice to the non-defaulting party's rights and remedies at law or equity.
16. Notices. All notices and demands shall be given in writing by certified
mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be
considered given upon the earlier of (a) personal delivery, (b) two (2) business days following
deposit in the United States mail, postage prepaid, certified or registered, return receipt
requested, or (c) one (1) business day following deposit with an overnight carrier service. A
copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided
below for the respective party; provided that if any party gives notice in writing of a change of
name or address, notices to such party shall thereafter be given as demanded in that notice:
r:\whiwm\96\pur@so.047 - 6 - (Marg@ta Canyon LLC 922-21@7)
BUYER:City of Temecula
43200 Business Park Drive
P. 0. Box 9033
Temecula, California 92589-9033
Attn:City Manager
COPY TO:Richards, Watson & Gershon
333 So. Hope St., 38th Fl.
Los Angeles, California 90071
Attn:Peter M. Thorson, Esq.
SELLER:Margarita Canyon, LLC
c/o Fred D. Grimes, Co-Manager and
Jim Roberts, Co-Manager
27740 Jefferson Avenue, Suite 100
Temecula, CA 92590
ESCROW First American Title Company
HOLDER:3625 Fourteenth Street
Riverside, CA 92502
17. Broker's Commissions. Seller shall pay all claims of brokers, agents or
finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or
may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable
for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and
agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in
defending or paying any such claims.
18. Further Instructions. Each party agrees to execute such other and
further escrow instructions as may be necessary or proper in order to consummate the
transaction contemplated by this Agreement.
19. Amendments. Any amendments to this Agreement shall be effective
only when duly executed by Buyer and Seller and deposited with Escrow Holder.
20.Miscellaneous
(a) Applicable Law. This Agreement shall be construed and
interpreted under, and governed and enforced according to the laws of the State of California.
(b) Entire Agreement. This Agreement supersedes any prior
agreement, oral or written, and together with the Exhibits hereto and any agreements delivered
pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter
r:kwb,igcm\96\purchase.047 - 7 - (M&Marita Canyoo LLC 922-210-047)
hereof. No subsequent agreement, representation or promise made by either party hereto, or
by or to any employee, officer, agent or representative of either party, shall be of any effect
unless it is in writing and executed by the party to be bound thereby. No person is authorized
to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any
representation, warranty, guaranty or promise except as set forth herein; and no agreement,
statement, representation or promise made by any such person which is not contained herein
shall be valid or binding on Seller or Buyer.
(c) Successors and Assiens. This Agreement shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors and assigns of the
parties hereto.
(d) Time of Essence. The par-ties acknowledge that time is of the
essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's
general Escrow instructions.
(e) Remedies Not Exclusive and Waivers. No remedy confeffed
by any of the specific provisions of this Agreement is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. The election of any one or more remedies shall not constitute a waiver of the right
to pursue other available remedies.
(d) Interpretation and Construction. The parties agree that each
party has reviewed and revised this Agreement and have had the opportunity to have their
counsel and real estate advisors review and revise this agreement and that any rule of
construction to the effect that ambiguities are to be resolved against the drafting party shall not
apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this
Agreement the neuter gender includes the feminine and masculine, and singular number
includes the plural, and the words "person" and "party" include corporation, partnership, firm,
trust, or association where ever the context so requires. The recitals and captions of the
sections and subsections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
(e) City ManaLyer Authori@ The City Manager is hereby
directed and authorized to execute such other documents, including without limitation, escrow
instructions and amendments thereto, certificates of acceptance, agreements for payments of
lost rent, or certifications, as may be necessary or convenient to implement the terms of this
Agreement.
21. Attorneys' @. If either party hereto incurs attorneys' fees in order to
enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or
r:%whisem\96\purchase.047 - 8 - (Marg@ta Canyon LLC 922-210-047)
because of a breach of this Agreement by the other party, the prevailing party, whether by
suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees
from the other party.
22. Assignment. Buyer may assign its rights under this Agreement or may
designate a nominee to acquire title to the Property, provided, however, that any such
assignment or designation shall not relieve Buyer of any of its obligations under this
Agreement.
23. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be
concerned with Section 8, 9, 10, 15, and 17 hereof, and Buyer and Seller release Escrow
Holder from liability or obligation as to Section 8, 9, 10, and 15, and 17 hereol
r:\wWsem\96\purchase.047 - 9 - (Maqarita Canyon LLC 922-210-047)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first written above.
SELLER
MARGARITA CANYON, LLC
Fred D. Grimes, Co-Manager
Jim Robert's, Ito-Manager
miel L. Step@en-so-n/, Co-Manager
BUYER
CITY OF TEMECULA, a municipal
corporation:
Karel Lindemans, Mayor
ATTEST:
By
June S. Greek, City Clerk
APPROVED AS TO FORM:
Bv
Peter M. Thorson
City Attorney
r:Nwhisem\%\purchasc,.047 - 10 - (Margarita Canyon LLC 922-210-047)
EX@liSIT ",A?'
PARCEL "A"'
BEING A PORTION OF LOT A OF LOT LINE ADJUSTMENT NO. 3057 IN THE
CITY OF TEMECULA AS DESCRIBED IN INSTRUMENT NO. 90541f RECORDED
MARCH 19, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 11 IN BLOCK 32 OF
THE TOWN OF TEMECULA, AS FILED IN BOOK 32, PAGE 726 OF MAPSF IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15042'2@@"
WEST, 128.78 FEET (WORTH 15"39'27" WEST 128.78 FEET, RECORD PER
SAID LOT LINE ADJUSTMENT NO. 3057) TO AN ANGLE POINT IN SAID LOT
A;
THENCE LEAVING SAID EASTERLY LINE AND ALONG THE NORTHWESTERLY
LINE OF SAID LOT A NORTH 59036'06" EASTF 9.68 FEET (NORTH
59*39'01" EAST, RECORD PER LOT LINE ADJUSTMENT NO. 3057) TO A
POINT ON A 756.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE
SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 7-39'42" EAST,
SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHWESTERLY LINE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE DF 12"-4'52", A DISTANCE OF 163.80 FEET
TO THE NORTHEASTERLY LINE OF SAID LOT A;
THENCE ALONG SAID NORTHEASTERLY LINE NORTH 32040'16" WEST, 175.17
FEET (NORTH 3-038'01" @QEST, RECORD PER SAID LOT LINE ADJUSTMENT
NO. 3057) TO THE BEGINNING (DF A 1030.00 FOOT RADIUS NON-TANGENT
CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 48046'53" WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHEASTERLY LINE OF TO'P A THROUGH A CENTRAL ANGLE OF 11039'00",
A DISTANCE OF @@09.43 FEET TO THE MOST NORTHERLY CORNER OF SAID
LOT A;
THENCE ALONG THE WESTERLY LINE OF SAID LOT A SOUTH 15042'22"
EAST, --78.30 FEET (SOUTH 150'39"@'7" EAST ?-78.34 FEET, RECORD PER
SAID LOT LINE ADJUSTMENT NO. 3057) TO AN ANGLE POINT IN SAID
WESTERLY LINE;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT A SOUTH 59036'06"
WEST, @11.33 FEET TO THE TRUE POINT OF BEGINNING,
ITEI\4 19
-OA
1480 TERRACITA DRIVE SAN BERNARDINO, CA 92404 (909) 886-7408 - FAX (909) 886-7529
MOBILE (909) 317-7744 - E-MAIL: mcdcon@ix.netcom.com
RI VERSIDE COUNTY @RGOVERNMENTAL AGENCEF S
PREL@ARY ANALYSIS
November 13, 1996
SO,MF- PREL@ARY CO@NTS
1. s i r k n7 It's not necessarily clear that the three-agency system is fatajly flawed and must
undergo basic restrucrun'ng. Certainly, there are perceptions of problems, and a number of
reiations@.,'ps could be improved. On the other hand, from an outside observer's standpoint, good
work ':s occurring on many fronts, and the separation of functions by aizency - while
understandably @tating to various participants (and satisfying to others) - appears to be
productive. Some "fixes" may be possible in relatively easy fas@on within the existing structure.
Conversely, this may be the time to consider more sweepiniz change. The perceived advantages
within a mer2er of reduced decision-maker time, lower budgetary costs, and clan't-,v of
or5,ajuzation all need to be examined.
I
- C\,AG.and the Desert, CVAG is structured, enjoys support, and has a track record which
would enable it to accrue additional responsibilities and independence with success. A few
strate(Y]c issues and conditions exist, which will be discussed in a separate section. The question
here is a countywide, intergovernmental policy one, as well as the attendant statewide political
precedents involved. For much of this paper, the choices are West County in nature- CVAG can
be held out and dealt with separately. See the larger discussion presented later in this paper.
3 @K@COG 2enesis, It's useful to remember- the initiation of @COG. RCTC considered the
choice of expanding its purview into more comprehensive and long range planning fiinctions, and
determined that it preferred to focus on the more inunediate 2nd implementable transportation
improvements. Thus, RCTC and the body politic supporteo @.-le creation of VVRCOG as a full
Western Counrv COG to address those needs, and WRCOG has done so quite admirably. There
is inescapably some overlap; these matters could presumably be handled with a tightened MOU.
Reversal of ties earlier judgement to separate is certainly in order, but should be considered with
history in mind.
4 Functional analysis, The discussion to date has been donu'nated by concerns of agency merger
"Qualitv Services Specializing In Regional, Transportation, 'and Intergovernmental Agencies; Public-Private Ventures; Ci@ Governments"
and political representation. We should re@y start 'th a consideration of function: What do we
want to see done? And then, what is the best way to handle it? Having determined the support
for areas of 'interest, there are organizational and political ways to accon,.ollsh the rru'ssion.
5, Keep strengths, Presuming that continuity of the functions now pursued bv the agencies Is
desired, any restructuring should be conducted with the goal of assuring that functional continuity
will not be impaired. Form should follow structure. We should not change organizationally or
politically for the sake of organizational change or presumed clarity alone. There are wavs to do
this in a recreated organization. If V*RRCOG performs valuable functions 'in both transportation
planru'ng (comprehensive, long range, modeling)'as well as many generalist planning and
consensus-bw'lding efforts, let's retain these attributes, either in the existing or a changed
orl),anizational matrix. Similarly, if 'TCTC has a commendable record in real-time transportation
improvements, both highway and rail, we should retain and even build upon that asset.
6. Look to the future In addition to considering function and dealing with pofitical realities, any
reorganization should place the county in the most advantageous position for several future
events, Most often mentioned is renewal of Measure A. Analysis is now under way, but the
options would seem to include both a countywide vote or separate area votes. Until the answer is
clear, some means of maintaining the countywide option should be preserved. Another
'derat'on is the STIP. Size typ'cafly equals strength some scheme that produces perceived
consi
'de ' pact should be preferred. Other lobb 'ng efforts at the federal, state, and regional
countywi im 3n
level could also benefit from collective strength.
7. Meetinjzs. Participants in the first meeting all expressed a desire to hold down meetings. At
first blush, combined organizations would seem to hold promise of fewer meetings. On the other
hand, a larger and more multi-functional organization would probably find it necessary to create
strong poilcv cornnu'ttees (as witness SCAG and SANTBAG), and the net meeting requirements for
elected offic lais may not necessarily dimiru'sh Thoughtful analysis should be accorded this topic
8 Personnel and Budizets Similarly, it seems apriori apparent that a merged organization would
save costs, particularly in the realm of high level staffand support fiinctions. In general, this is
probably true. But the relative savings mav not necessarily be that significant, and the detailed
costs should be further determined. Budget savings then need to be balanced against other
perceived positive or negative aspects of reorganization. Key human assets should be preserved.
9. Membership 2. Given the political imperatives involved, this topic has assumed high
-and votin
'b'l'ty (perhaps too high ... it needs to be balanced against functional analysis). After review of
Nnsi 1 1
a number of models around the region and the state, the consultant is persuaded that these
concerns can be adequately satisfied under any options on the table, including the status quo,
These questions need not be a first order priority. See later expanded discussion,
10. Si@arly, after reaew, the consultant is satisfied that the functional and
oriz _anizati 'onal desires ultimately determined upon can be accomplished through a range of
2
Lmplementinia and leizal steps ranging firom inter-aizencv agreements to various levels of
lem'slation. Ag '@ concerns over legal accomplishment should not be a driving issue. See later
expanded discussion.
I 1. State@de mod@ As presented during the initial October Joint meeting, the orgaiu'zational
models ftom elsewhere give us scant guida.,@ce and comfort. The qu@t is quite varied. We are left
to our own devices to organize Riverside Countv as we see best.
12. Add aizencies/functions, Incorporation of the transit agencies into some revised structure has
not been directly considered at this point, but obviously is a possibility (as in Los Angeles and
Oranize Counties). The suggestion has also been made that future consideration of expanding the
functions of RCTC, or its successor, to 'include tofl road authority or other construction/operation
capabilities should not be precluded and, in fact, operdy contemplated.
13. N4u]ti-focused ap-ency ("Holding Compan3f'). An interesting option, to be further considered,
is the sort of meet-all-desires-in-one concept afforded by creating of an overall, skeleto@ umbrella
aizencv (the "holding company") with several operating divisions. This may hold proniise. See
later expanded discussion.
ORGA-NUATIONAL OPTIONS
Presented here are a variety of options which could be suggested, with some brief comments on
each
I Status quo with clafified agreements
.All three alencies are retained. However, if there is confusion or disagreement over functions and
relationships, or a common desire to expand responsibilities, these Lines of relationship can be
redefined with new MOUS. RCTC has existing MOU's with both CVAG and @COG-,
however, they date back, and there appears to be - at least from some participants - either
confusion or outn'v-ht lack of agreement over functions. This is particularly true with those
functions that overlap, such as transportation planning between RCTC and @COG and Measure
A administration between RCTC and CVAG. Reasonable people can work out these
relations@ps- thev would have to be deterrru'ned, at least tacitly, in any restructuring effort. So
this option calls for successfully accomplishing that exercise.
Other expressed concerns, such as those of membership, inter-agency relationships, and perceived
attention pal 'd to sub-geozrap@c areas, would also have to be worked out over time.
'. RCTC enpanded membership countymide
This option meets a need expressed bv some participants that uru'versal membership by all cities
and all five Supervisors on RCTC would provide more equitable representation, particularly when
3
d@ng with transportation finance. However, as presented here, it begs the question of
relationship with the other two agencies, and does not speak- to functions. It also lznores
questions of proportionate membership and weighted voting, which would probablv become a
necessary component. What would then happen to CVAG and VYRCOG? Would 'It in fact lead
to a feeling of fairness in project funding? In some ways, this option poses more questions than it
answers. See, however, the use of this same option 'in the "Holding Company" concept.
3. CNIAG split@ RCTC mbership West County
1'his option and that following both presume that CVAG attains independent status, and then
focus upon alternative models in West County. As noted later under Leizal and Imi2lementation
St=, CVAG's separation could possibly be accomplished either through internal agreements
under existing law or with a change of statute, or both. To make this option truly work-, and
avol 'd unnecessary complications, Palo Verdes would need to come into some relationship Aith
CVAG.
In this option, RCTC's membership is expanded to include afl West County jurisdictions. Would
CVAG and desert members then be deleted? Quite probably. Would questions of proportionate
membership and voting within the expanded West County RCTC be raised? Probablv. The
option does not speak of functions. What would occur relative to V;RCOG's Nvo . rk? Would it
wither awav? Would West County elected officials be @ling to at-tend two meet' 'th I 001/'
ings V4
membership, even if the need for two aizencies and a clear acceptance of differing functions were
aateed upon?
If we presume in this option that NAIRCOG is subsumed by RCTC, afl of the questions of function,
intemaj organization, and elective official committees need to be answered. In anv case, this
option would clearly need major state legislation.
4 CVAG sj2lit r newly-named aizengy) as West County a2ency
In this option, CVAG again is separated, and the same considerations apply. Within the West
Countv, V;RCOG - which alreadv has I 00% membership, although bv voluntary JPA aeTeeTnent -
is designated bv statute as the CTC (as is the case with S.@AG an'
d S.@AG), and RCTC as
it now exists is eliminated. Essentially, the same questions as in the prior option continue to
apply: membership, voting, fiinctions, committee organization, etc.
In both cases, major examination of functions, staffing, leadership, and budget would need to be
conducted and satisfactorily concluded.
As a variation, since organizational loyalty, stature, and egos are inevitably involved, the resulting
joint organization could be newly created and newly named. (The consultant played with some
names, but gave up at this point!) This suggestion is more than cosmetic; such sensitivities are
4
important and deserve attention.
5 Holding Company
This is a rather unique and creative approach which perhaps attempts to be "all things to all
people", and vet upon examination has serious attractiveness. In this case, RCTC, perhaps
renamed to 'indicate its new role, continues to exist as an umbrella agency and "holding
company", but with a more limited and carefully defined role and a less intense meeting and
operational schedule. Its leadership and staffing are more limited and perhaps drawn in part from
the underlying operating companies.
The "operating companies" would continue to be CVAG and V;RCOG, plus a West Valley
transportation implementing company which could probably be the old RCTC wearing its
Measure A hat-. the Riverside County Transportation Authority. This structure would also adapt
well to including the two transit agencies, RTA and Su@e, if that course were chosen.
What would be the membership of RCTC in this construct? It would lend itself to either the full-
countv I 00% membership option (vath appropriate voting arrangements) or to a "federated"
structure, in which the operating companies would each supply a certain amount of members to
the holding company Board. It is contemplated that the RCTC-holding company would probably
meet ordv quarterly or less. Relationships and functions with the operating companies would
have to be developed. One of the Executive Directors of the operating companies could double
as the holding company staff chief
A major advantage of this arrangement is the continuirv for state purposes of a sinizle CTC (even
though intemaliv its responsibilities would be divided) and for bond purposes, as well as future
renewal, of the Measure A role. It would also allow for countywide approaches to the SAFE
callbox program and other desired countvwide rrurusterial functions, perhaps such as TDA.
I
Leizislation of some degree would probably be needed but, because of continuation of a single
coun@de titular CTC and with presumed agreement among all Riverside parties, may not be
difficult to achieve.
CN'AG A-ND THE DESERT
CVAG has a long history and a capable political and staff organization, and can take over
whatever functions may be assigned. The decision is political, at both the county and state levels.
Does the county wish to bifurcate transportation geoQTap@cafly? Would the county lose strength
. in the regional, state, and national funding arena? Is the state ready to fragment counties in the
transportation setting?
A nagging problem is the Palo Verde area. Would it be vase to further fragment into a third, and
very small, area? The situation would be very much improved if Palo Verde would agree to fall
5
under a CVAG umbrella, so that structurally there would o@v be two a encies. We understand
9
that may be ready to occur.
Measure A pass-throughs are assured by the Ordinance- but certain concurrences must be made
bv RCTC and an annual budgetary allocation for adnu'nistration is taken, a proportionate part of
which is bome bv the CVAG area. What would be the responsibilities and overhead costs under a
CVAG split?
State and federal funds are programmed through a very complex and politically sensitive process
by Caltrans, RCTC, SCAG, and the CTC, known as the STEP, which itself is threatened with
major change. Smaller areas within the state tend not to do as weU; it also takes a si@cant staff
cornrmtment to "play the game" effectively. A sub-allocated STIP fund estimate would have to
be developed either internally within the county or by the CTC (would require legislation). A
STEP game plan would need to be developed, but this is doable.
The Local Transportation Fund/TDA disconnect is perhaps the most difficult political and
financial constraint to a CVAG split, if the area were to insist upon redressing this imbalance of
source generation to expenditure as a condition of any new arrangement. This would result in a
loss to RTA of over$ I million.
MEMBERSHIP @ VOTING
Much attention has been given to this subject. It appears that all concerns can be met through
various devices (political agreements, of course, would have to be reached). The subject can be
approached in several ways-.
Membership_ Representation can simpiv be handled through appropriate allocations of
membership, without resorting to special voting patterns of proportionality or vetoes.
CVAG and WRCOG already have I 00% membership of their respective Jurisdictions,
whereas RCTC has a defined statutory membership which is periodically challenged as not
being adequately representative. If a desire exists for 100% West County membership, the
simple answer is to designate V;RCOG by statute as the CTC (as was the case with
SANBAG). The alternative is to enlarge RCTC's membership (and probably drop the
public member).
In the case of the "Holding Company", two options present themselves. The coun@de
umbrella agency could either be composed of 100% countyvade membershi p (in which
cas ' e some kind of proportional voting or geographic vetoes would probably be called for),
or it could be "federated" with a certain number of members fi-om each "operating
company" agency coming together to constitute the Board of the Holding Company.
Votin2. Apart fro@ or together with, membership as a deternu'nant of equity, various
forms of voting arrangements can be developed to afford perceived fairness and
6
protection, On the positive side, proportional voting schemes such as that of the San
Diego Association of Governments (SANDAG) can be created. In this case, when use of
the too] is called for, Jurisdictions are allocated certain votes based upon some index:
population, tax generation, etc. Caps can be applied to limit excessive welsaht.
The second most popular option is to create split votes, where both (or more) sides must
vote affirmatively to approve.a result. The splits are created to accommodate perceived
future differences among groups of parties-. city v. county, geographical areas, small cities
N,. large, different kinds of "operating comp@es", etc. What this realfly creates is a veto
opportunity. It can create an impasse, where actions viewed by one party as
disadvantageous can be halted. But it cannot create positive resolutions.
Who is to be protected? In Riverside's case, several potential interests could be at issue@
the County goverrunent, the City of Riverside, other larger cities, CVAG v. Western
County, various subareas within Western County, ARCOG v. RCTC as "operating
companies", etc. These concerns would need to be sorted out. In the most positive
framework, of course, no such artificial devices would be needed, one vote per member
(Question:County Supervisors?) would be deemed appropriate.
Fiscal projzramrning, A perceived complaint within Fiverside County relates to inequities
over time in the programming of Measure A, STIP, and possibly TDA fiinding. One
alternative which has been suggested, which could even be applied to a status quo
oriyanizational setting, is to require that @he recipient area COGs (CVAG and @COG)
must concur with RCTC before prograrnrrung could go further. In the case of WRCOG, a
subarea arrangement could even be applied within differing West County areas (although
this be ins to fragment very finely). The likely result of this approach would be log-rofl'
91 ing
and dilution of the available funding, makiniz mearu'ngfill pr 'ects much more difficult.
Oi
Presentation of this option should not be interpreted as a recommendation.
LEG@@ @ND IWLEMEN7ATION SIEPS
One given in this entire exercise is the need to maintain an effective legal stance relative to
Measure A, 'including both bonded indebtedness already in place and future bonding actions which
mav be taken. RCTC leizal counsel and bond counsel need to be kept involved. The strategic
consi 'iterations relative to a successor to Measure A, while not strictly a legal matter, are also
paramount.
An assumption has been in effect that state legislation will be necessary t- effect almost any
desired restructuring conclusion; a related concern is that the legislature --,s, to date, been
unwilling to subdivide a countv. More intense legal bra'ulstom-fing suggests that this may not
necess@y need to be the case; significant change could be enacted by intra-county jurisdictional
aueement and contract, with sufficient assurance to the "minofity" party that a change in politics
would not threaten the initial agreement. We continue to work on this concept. it would
7
pi-obabiv be useful, and perhaps necessary, to have statutory language affimiing these delegation
rights on behalf of RCTC. But, from the state's vantage point, the titular responsible party would
stil be a single county agency, making it politically easier.
@@e it may, from the standpoint of full disclosure and thus political openness, be desirable to
have a fully written bill developed by the January 24 Legislative Counsel date, it is also pe@tiy
feasible (and arguably equally politically saleable) to s'unply put a "spot" bill in place, and therebv
buy several more months of time, We need some additional sage Sacramento advice, and 'Alill
artain it.
NEX'T STEPS TO BE CON@QTDF-RED
Following this meeting, a number of steps would seem to be in order-.
1. Consider the various options presented. However, they should be viewed in terms of
objective data yet to be developed:
Study, debate, and determine functions to be conducted (not necessarily by todav's
organizations).
3.Analyze staffing patterns, comparing today's org;'M,7-ations to the prefer-red model(s).
4.Analyze budget costs in a similar pattern, including any perceived overlapping or
duplicative costs and elements of indirect overhead.
5.Consider transition steps over a period of time.
6.Gain further advice on legal and legislative needs.
Fivoriz I I/ 1 3
RIVERSIDE COUNTY TRANSPORTA TION COMMISSION
DATE.- November 13, 1996
TO:Riverside County Transportation Commission
FROM:Jack Reagan, Executive Director
SUBJECT:Finding of Necessity to Amend Measure A Plan to Reflect New Cities
During the October 9th joint RCTC, CVAG, WRCOG meeting we distributed materials
from the Measure A ballot measure which included the map. Since the ballot measure
was before voters concurrent with formation of the new cities of Murrieta and
Temecula, which could not be anticipated, it references that area as "Rancho
California'. Continuing to exhibit that map is a legitimate point of irritation to elected
officials from those two cities. However, it is part of the voter approved Measure A
Expenditure Plan which can only be amended based upon a finding of necessity by
the Commission, approval by the County Board of Supervisors, and concurrence by
a majority of the cities which also represent a majority of the incorporated population
of the county.
Based upon a literal reading of Measure A as approved by voters, I believe an action
by the Commission to find it necessary to amend the plan to revise the map to reflect
the formation of new cities would be appropriate. Presumably, such an amendment
would not only deal with the current mislabaling of the cities of Murrieia and
Temecula, but would also enable the Commission to make future map revisions
should voters approve formation of new cities or disincorporation of existing cities,
STAFF RECOMMENDATION:
That the Commission make a finding of necessity to amend the Measure A
Expenditure Plan to authorize revision to the Measure A plan map to reflect any voter
approved changes to municipal incorporation subsequent to voter approval of
Measure A in November 1988.
ORDINANCE NO. %-I
AN ORDINANCE OIF TIJE IDE COLTNTY TRANSPORTATION
COMMSSION IMTIATING AND APPROVING MEASUPE "A"
EXPEND PLAN AMENDMENT NO - I
AS, on N ber 8, 1989, Ordinwoe No. 89-1 enacting a one-half
percent shies tax was approved by the voters of Pi@de County; and
@REAS, an Expenditure Plan was adopted along with Ordinance No. 8 9- I
designating the manner in witch sales tax revenues would be allocated- and
AS, the Commission has determined that the Expenditure Plan needs to
be amended to reflect changed circumstances, s@cally the incorporation of a number of cities
subsequent to adoption of the Expenditure Phm and
Ordinance No. 89-1 and Public Ut@es Code Section 240302 require
that any changes to thee Plan be initiated by the Commission based on a finding of
necessity; and
AS, this Expenditure Plan Amendment must be approved by the County
of Riverside and by a majority of the cities constituting a majority of the incorporated population
of the County prior to becoming effective,
NOW, THEREFORE, the Riverside County Transportation Commission hereby
ordains as follows:
S@on 1. The map !ihowing the ma)'or highway, art@, commuter rail and tra"sit
projects to be funded by the retail transaction and use tax ("Map") is hereby replaced with the
Map attached hereto as Exhibit "A." The sole purpose of this amendment is to depict the
presence and location of the cities of C@esa and Murrieta, which were incorporated subsequent
to adoption of the Expenditure Plan, and the city name change from Rancho California to
Temecula. No other subst@ changes to the Map are hereby intended or adopted.
The following facts support a finding of necessity for this amendment
[to be @rted by Commission]
it
Tho Expc:n@ Plan Amendrnent must be approved by the Board of
Supervisors of the County of Riverside and by a majority of the cities constituting a majority of
the incorporated population once so approved by the CounTy and the cities, this Expenditure
Plan Amendment will immediately become @ve without fimber action of the Comn-ussion.
APPROVED. TED AND APPROVED BY,
IDE COUNTY
TRANSPORTATION CO@SSION
Riverside County By:
Board of Sup rs Alex Chfibrd, Chair
(As @wn an at=hed Julian)
APPROVED. REVRF-WED AND RECO ED
FOR APPROVAL:
Cities of Riverside County By:
(As shown on attactmd resolutions) lack Reapn, Executive Director
APPROVED AS TO FORM:
By-.
Ben Best & Kncgcr LLP
Cou@, Riverside County
'rransportation Comniission
SAhVLf, RF-SOLTMON NO.
A RESOLLMON OF T14E BOARD OF SUPERVISORS OF THE
COUNTYOF EDE ALTMOPJMG APPROVAL OF THE
ME COUNTY TRANSPORTATION CO@SSION'S
MENT TO ORDINANCF- NO. 88-1
the Riverside County Transportation Conunission (the "Commission")
bw adopted Plan @@ No. to wnend the expenditure plan adopted
as pan of Ordinance No. 88- 1.
WEEREAS, the Board of SupeMsors of -the County of Fiverside (the "Board-)
hereby determines that it is in the best interests of the County of Riverside that Expenditure Plan
Amendment No. be approved; and
WHEREAS, the Board adapts and @rporates in this Resolution all findings made
in Expenditure Plan Amendment No. ; and
WHEREAS, the Board purr=t to Scaion 240302 is required to approve the
Amendment.
NOW, THEREFORE, the Board hereby resolves as follows:
The Board approves Expenditure Plan Amendment No.
Adopted this _ day of 199-,
Board of Supervisors
Riverude County
S RMLLrrION NO.
A RESOLIMON OF TfiE CITY OF
AURH G APPP.OVAL OF TIRE IDE
COUNTY TRANSPORTAI'FON CONMSSIONT'S
AMENDMENT TO ORDINANCE NO. 98- I
WHEREAS, the Riv@de County T@@on Commission (the 'Commission")
has adopted Ex@ture Plan Amendmcrrt No. to amend the expenditure plan draft
as pan of the Co@ssiores Ordinance No. 89-1.
AS, the City of (the "City") hereby det@nes that it
is in the best interests of the City dw Expenditure Plan Amendment No. be approved, and
AS, the City adopts and incorporates in this Resolution all findings made' In
. and
Expcn@c Pbm Amendment No..
@REAS, a majority of the cities constituting a majority of the incorporated
population pursuant to Section 240302 is required to approve the Amendment.
NOW, THIEREFORE, the City hereby resolves as follows,.
The City approves Expenditure Plan Amendment No.
Adopted @s day of 199
City of
142"