HomeMy WebLinkAbout021291 CC AgendaA OENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
TEMECULA TEMPORARY COMMUNITY CENTER- 27475 COMMERCE CENTER DRIVE
FEBRUARY 12, 1991 - 7:00 PM
Next in Order:
Ordinance: No. 90-08
Resolution: No. 90-19
CALL TO ORDER:
Invocation
Pastor Tim Riter, Rancho Community Church
Flag Salute
Councilmember Lindemans
ROLL CALL:
Birdsall, Linderoans, Moore, Mu~oz, Parks
PRESENTATION$/
PROCLAMATION$
Proclaiming the Month of February "PTA Month"
PUBLIC FORUM
At the regular meeting held on the second Tuesday of each month, the City Council
will devote a period of time (not to exceed 30 minutes) for the purpose of providing
the public an opportunity to discuss topics of interest with the Council. The members
of the City Council will respond to questions and may give direction to City Staff. The
Council is prohibited, by the provisions of the Brown Act, from taking any official
action on any matter which is not on the agenda. If you wish to address the Council
during the Public Forum portion of the agenda, please fill out a pink "Request to
Speak" form and file it with the City Clerk prior to the meeting.
For all other agenda items 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.
NO TICE 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.
21agenda/021291 I 02/O7/~1
CONSENT CALENDAR (ITEMS 1-11)
Standard Ordinance Adoorion Procedure
RECOMMENDATION
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
2
Minutes
RECOMMENDATION:
2.1 Approve the minutes of January 29, 1991 as mailed.
3
Resolution ADDroving List of Demands
RECOMMENDATION:
3.1
Adopt a resolution entitled:
RESOLUTION NO. 91-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A.
4
Second Reading of Ordinance Amending City Clerk ADDointin(~ Authority
RECOMMENDATION:
4.1 Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 91-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 2.08.061(b), ADDING
SECTION 2.08.061, AND AMENDING SECTION 2. 10.020 OF
THE TEMCULA MUNICIPAL CODE RELA TING TO THE
APPOINTMENT OF THE CITY CLERK
21egem:la/0212B 1 2 02/07/91
5
Second Readinq of Ordinance Amending Zonina MaD in the Chanae of Zone ADr)lication
Contained in Development Permit No. 5535.
RECOMMENDATION:
5.1
Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 91-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF
ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5535
CHANGING THE ZONE FROM R-A-5, RESIDENTIAL AGRICULTURAL, 5 ACRE
MINIMUM TO R-5, OPEN AREA COMBINING ZONE ON 10.2 ACRES IN TWO
PORTIONS OF PARCEL 926-760-001 FROM R-A-5 AND 4-A-2 1/2;
RESIDENTIAL AGRICULTURAL TO R-1, SINGLE FAMILY RESIDENTIAL, ON
APPROXIMA TEL Y 5 ACRES IN PORTIONS OF PARCELS 926-750-001 AND
003; FROM R-l, SINGLE FAMILY RESIDENTIAL TO R-5, OPEN AREA
COMBINING ZONE, ON 6.4 ACRES IN PORTIONS OF PARCELS 926-760-001
AND 004, AND A PORTION OF PARCEL 926-770-002; AND FROM R-1,
SINGLE FAMILY RESIDENTIAL, TO R~4~5000 AND R~6000, PLANNED
RESIDENTIAL, MINIMUM LOT SIZES 5,000 AND 6,000 SQUARE FEET
RESPECTIVEL Y, IN PORTIONS OF PARCELS 926-760-004 AND 005, ALL OF
PARCEL 926-770-002 AND A PORTION OF PARCEL 926-770-003.
Old Town Temecula Museum Foundation Lease for Pror)ertv Located at Sam Hicks
Monument Park.
RECOMMENDATION:
6.1 Authorize the Mayor to execute the lease between the Old Town
Temecula Museum Foundation and the City of Temecula.
7
Final Parcel Mar) No. 23624
A subdivision of 36.57 acres into three (3) parcels located at Rancho California Road
west of Ynez Road.
RECOMMENDATION:
7.1 Approve Final Parcel Map No. 23634 subject to the Conditions of
Approval.
2,/agenda/021201 ,3 02/07/9
Final Parcel MaD No. 23969
A four (4) lot industrial park subdivision of 21.56 acres located on 21.56 acres at
Ridge Park Drive, south of Rancho California Road.
RECOMMENDATION:
8.1 Approve Final Parcel Map No. 23969 subject to the conditions of
Approval.
9
Resolution Authorizing Household Hazardous Waste Grant ADDlication
RECOMMENDATION:
9.1
Adopt a resolution entitled:
RESOLUTION NO. 91-
A RESOLUTION OF THE CITY COUNCIL
TEMECULA AUTHORIZING A
WASTES GRANT APPLICATION
OF THE CITY OF
HOUSEHOLD HAZARDOUS
10
Support For The Temecula Valley High School Earth Club - Paper RecvclinQ Program
RECOMMENDATION:
10.1 Authorize the City Manager to send a letter to the Earth Club accepting
their offer to pick up and. recycle all City Hall white, colored and
computer program and newsprint.
11
Great Temecula Rod Run
RECOMMENDATION:
11.1 Approve the temporary road closure of Front Street between Sixth and
Second Streets on February 24, 1991 and approve issuance of a
Temporary Outdoor Event Permit to the Temecula Town Association.
2/agenda/0212g I 4 02/07/91
PUBLIC HEARINGS
12
Adoorion of a Modification to the Citv Building Codes bv Adding a Chaoter for the
Mitigation of Unreinforced Masonry Buildin(~s
RECOMMENDATION:
12.1
Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 91-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING ORDINANCE NO. 90-04 PER TAINING TO
THE 'UNIFORM BUILDING CODE" OF THE CODE OF THE CITY
OF TEMECULA BY THE ADDITION OF SECTION 4-K, WHICH
MODIFIES THE 1988 EDITION OF THE UNIFORM BUILDING
CODE, AS ADOPTED BY SAID CITY, BYADDING CHAPTER 71,
FOR THE PURPOSES OF THE IDENTIFICATION OF SEISMIC
HAZARDS AND THE MITIGATiON THEREOF AS REQUIRED BY
GO VERNMENT CODE 8875 ET SEQ.
CSD MEETING - (To be held at ~00 PM) Please see separa~ agenda
COUNCIL BUSINESS
13
Community Development Block Grant Funds - Public Input
RECOMMENDATION:
13.1 Invite input and proposals from the community for projects to be
submitted for Community Development Block Grant funds.
14 City Council/City Manager Strategic Planning Workshop
RECOMMENDATION:
14.1
Approve the expenditure of funds necessry to conduct a strategic
planning workshop and authorize the City Manager to arrange for
accommodations and other necessary facilities.
2/a~ende/0212~ 1 $ O2/07/91
15 Community Facilities District 88-12 Sales Tax Aqreement
16
Continued from the meeting of January 29, 1991
RECOMMENDATION:
15.1
Approve the agreement entitled "Agreement Regarding sales Tax
Revenues as to Businesses Located Within the Boundaries of
Community Facilities District No. 88-12 (Ynez Corridor) of the County
of Riverside, State of California", in substantially the form attached
hereto with such changes as approved by the City Manager and City
Attorney; and authorize the execution and attestation of such
agreements in the final form by the Mayor and City Clerk
CFD 88-12 Joint Financing AQreements
Continued from the meeting of January 29, 1991
RECOMMENDATION:
16.1
Approve the Joint Financing Agreement by and between the City and
CFD No. 8-12.
16.2
Approve the Joint Financing Agreement by and among the City, CFD
No. 88-12, Eastern Municipal Water District and Tomond Property.
16.3
Approve the Joint Financing Agreement by and between the City of
Temecula and Tomond Property.
16.4
Approve all three agreements in substantially the forms attached hereto
with such changes and modifications as approved by the City Manager
and the City Attorney; and authorize the execution and attestation of
such agreements in their final forms by the Mayor and City Clerk.
17
Amendment to Disaster Relief Ordinance
RECOMMENDATION:
17.1
Introduce and read by title only the first reading of an ordinance entitled:
ORDINANCE NO. 91-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 2.20, 'DISASTER RELIEF,' OF TEMECULA MUNICIPAL
CODE BY THE ADDITION OF A DISASTER COUNCIL, ESTABLISHING THE
POWERS AND DUTIES THEREOF, AND AMENDING DEFINITIONS AND
PENAL TIES.
21~ee~:la/021291 6 02/07/~1
CITY MANAOER REPORT
CITY ATTORNEY REPORT
CITY COUNCIL REPORTS
ADJOURNMENT
Next regular meeting: February 26, 1991,7:00 PM, Temporary Temecula Community
Center, 27475 Commerce Center Drive, Temecula, California
2/igemli/0212~B 1 7 02/07/gl
City of Temecula
Proclamation
WltEREAS, it has long been recognized that parent involvement in a child's education
is one of the most powerful factors for success in school; and
WHEREAS, the California Legislature has enacted a law that effective January 1, 1991,
all school district governing boards will be required to adopt a policy of parent involvement; and
WItEREAS, the Parent-Teacher-Association since 1897 have encouraged parents to be
involved in public schools and for almost One Hundred years the PTA has continuously
promoted legislation and programs to benefit children; and
WltEREAS, President Bush has stated that 'membership in the PTA gives our children
a sense of security and continuity, and ... demonstrates our commitment to the education and
welfare of our nation's youth, and
WHEREAS, parent volunteers not only promote excellence in our schools but also
reflect our investment in the future of our community, and
WHEREAS, since beginning with the organization of the Vail PTA in 1984, the
Temecula area schools have organized PTA units in every school, and have formed a District-
wide PTA Council contributing resources and countless volunteer hours to form a key element
of quality education in our school district.
NOW THEREFORE BE IT RESOLVED, that I Ronald J. Parks, Mayor of the City
of Temecula hereby proclaim the month of February:
PTA MONTH
IN WITNESS WltF~tF_,OF, I have hereunto set my hand and caused the Seal of the City
of Temecula to be affixed this 12th day of February, 1991.
Ronald J. Parks, Mayor
June S. Greek, City Clerk
ITEM NO. I
ITEM NO.
2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD JANUARY 29. 1991
A regular meeting of the Temecula City Council was called to order at 7:02 PM at the
Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula,
California. Mayor Ron Parks presiding.
PRESENT 5 COUNCILMEMBERS:
Birdsall, Lindemans,
Moore, Mu5oz, Parks
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and
Deputy City Clerk June S. Greek.
INVOCA T/ON
The invocation was given by Pastor Sean Oliver, Rancho Christian Church.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Councilmember Mu~oz.
PRESENTATIONS/
PROCLAMATIONS
None given.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR
Mayor Parks announced he would be abstaining from Items 3 and 4.
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City Council Minutes January 29, 1991
It was moved by Councilmember Moore, seconded by Councilmember Lindemans to
approve Consent Calendar Items 1-4, with Mayor Parks abstaining from Items 3 and
4.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu5oz, Parks
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Standard Ordinance Adoption Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
Minutes
2.1 Approve the minutes of January 15, 1991 as mailed.
Second Reading7 of Ordinance Amending7 Portions of Ordinance 90-04 pertaining7
to Development Standards in I-P (Industrial Park) Zone
3.1
Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 90-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO
DEVELOPMENT STANDARDS IN THE I-P ZONE (INDUSTRIAL PARK)
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
NOES: 0
ABSENT: 0
ABSTAIN: 1
Mu~oz
None
None
Parks
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City Council Minutes January 29. 1991
4. Second Reading of Ordinance Approving Change of Zone No. 7 to Increase the
Maximum Height Permitted for Building in the I-P Zone to 105 Feet
4.1 Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 91-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING CHANGE OF ZONE NO. 7 TO AMEND ORDINANCE NO.
348, SECTION 10.4(B), TO INCREASE THE MAXIMUM HEIGHT
PERMITTED FOR BUILDINGS AND/OR STRUCTURES, WITHIN THE I-P
(INDUSTRIAL PARK) ZONE, TO 105 FEET
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall,
Mufioz
Lindemans, Moore,
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1
COUNCILMEMBERS: Parks
PUBLIC HEARINGS
5. Revised Vesting Tentative Tract 23143. Change of Zone No. 5535
Mayor Parks announced this public hearing was continued from the meeting of
January 22, 1991 and therefore did not need to be reopened.
Gary Thornhill, Director of Planning, introduced the staff report.
Mayor Parks asked if the reduced street lighting requested by Pauba Ranchos
Property Owners' Association would be a liability to the City.
Doug Stewart, Deputy City Engineer, stated Ordinance 461 has been adopted
by the City and regulates the distance at which street lights must be placed and
any adjustment requires a variance.
Hinutes\01\29\91 -$-
City Council Minutes January 29. 1991
Earnie Eager, 27447 Enterprise Circle West, representing the applicant stated
he concurs with additional conditions and requested that the City Council
approve staff recommendation.
Mayor Parks stated Council had received a letter from the Pauba Ranchos
Property Owners' Association and presented it to the City Clerk to become part
of the official record.
Mayor Parks closed the public hearing at 7:25 PM.
City Attorney Field stated that there are several references to the Planning
Commission in the proposed resolution that need to be changed to City Council.
He also stated that this resolution needs to take effect concurrent with the
ordinance and therefore added Section 4, on Page 16 of Resolution No. 91-16,
stating "This resolution shall not take effect until the effective date of
Ordinance No. 91-05".
It was moved by Councilmember Moore, seconded by Councilmember Birdsall
to adopt a resolution with the correction changing "Planning Commission" to
"City Council" on Pages 11, 13, and 15 and adding Section 4 dealing with the
effective date:
RESOLUTION NO. 91-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
RECOMMENDING APPRO VAL OF REVISED VES TING TENTATIVE TRA C T
MAP NO. 23143 AMENDED NO. 4 AND CHANGE OF ZONE NO. 5535
TO SUBDIVIDE A 459 ACRE PARCEL INTO 1,026 SINGLE FAMILY
RESIDENTIAL L 0 TS AND 68 OPEN SPA CE L 0 TS L OCA TED SOUTH OF
PAUBA ROAD AND EAST OF BUTTERFIELD STAGE ROAD AND KNOWN
A S ASSESSOR'S PARCEL NOS. 926- 760-001 THROUGH O05AND 926-
770-001 THROUGH 003.
The motion was carried by the following vote:
AYES:
5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS:
None
ABSENT: 0 COUNCILMEMBERS:
None
Hinutes\01\29\91 -4- 0Z/04/91
City Council Minutes January 29, 1991
It was moved by Councilmember Birdsall, seconded by Councilmember Moore
to introduce and read by title only an ordinance entitled:
ORDINANCE NO. 91-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE
OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO.
5535 CHANGING THE ZONE FROM R-A-5, RESIDENTIAL
AGRICULTURAL, 5 ACRE MINIMUM TO 4-5, OPEN AREA COMBINING
ZONE ONE 10.2 ACRES IN TWO PORTIONS OF PARCEL 926-760-001
FROM R-A-5 AND 4-A-2 1/2, RESIDENTIAL AGRICULTURAL TO R-1,
SINGLE FAMILY RESIDENTIAL, ON APPROXIMATELY 5 ACRES IN
PORTIONS OF PARCELS 926-750-001 AND 003, FROM r-l, SINGLE
FAMILY RESIDENTIAL TO R-5, OPEN AREA COMBINING ZONE, ON 6.4
ACRES IN PORTIONS OF PARCELS 99026-760-001 AND 004,' AND A
PORTION OF PARCEL 926-770-002, AND FROM R- 1, SINGLE FAMILY
RESIDENTIAL, TO R-4-5000 AND R-4-6000, PLANNED RESIDENTIAL,
MINIMUM LOT SIZES 5,000 AND 5,000 SQUARE FEET RESPECTIVEL Y,
IN PORTIONS OF PARCELS 926-760-004 AND 005, ALL OF PARCEL
926-770-002 AND A PORTION OF PARCEL 926-770-003.
The motion was carried by the following vote:
AYES:
5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore,
Mu5oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Moore, seconded by Councilmember Birdsall
to approve a waiver of the requirements of Ordinance 460, Section 3.8(c) for
those lots with depth greater than 2.5 times the lot width.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore,
Mu5oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes January 29, 1991
COUNCIL BUSINESS
Vendor Selection and Improvement and Vacating Budgets for City Hall
Joe Hreha, Manager of Information Services, introduced the staff report.
Elizabeth B. Haskett, 103 N. Highway 101, Ste 102, Encinitas, representing
BKM, asked that the Council reconsider staff recommendation and approve a
contract with BKM to provide Systems Furniture and Chairs for the City of
Temecula.
John Shideler, 7738 Lucia Court, Carlsbad, representing BKM (Steelcase),
stated Steelcase is 100% American-made and asked the Council to choose
Steelcase as its System Furniture.
Rusty Buck, 28455 Front Street, stated he is a local employee of BKM and
asked that Council support his company as the City's choice for system
furniture.
Chris Kuljis, 39717 Kilkare, Murrieta, spoke in opposition to staff
recommendation and asked that the Council support BKM.
Alan Basiliere, 30965 Ave Buena Suerte, spoke in opposition to staff
recommendation and asked that the Council support BKM.
Reggie Zeal, 24314 Lenox Lane, Murrieta, spoke in opposition to staff
recommendation and asked that the Council support BKM.
Bill Kuhnert, 3412 Cameo Drive, L-18, Osipe, representing BKM-Steelcase,
asked the Council reverse staff recommendation based on four points;
comparable price, quality of product, local company, American-made product.
Janet Shannon, 2027 Harpers Way, Torrance, representing Systems Source
(Harpers), stated the quality of Harpers Furniture is equal in quality to Steelcase
Furniture and is also a local company with many employees in this area. She
asked the Council to support staff recommendation and approve the lowest
responsible bid for systems furniture.
Rosemarie McClure, 3955 Birch, Ste 101, Newport Beach, representing
Systems Source, asked that the Council support staff recommendation.
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City Council Minutes January 29, 1991
It was moved by Councilmember Lindemans, seconded by Councilmember
Birdsall to authorize the City Manager to contract with Systems Source for All
Furniture (except seating) and BKM (seating only).
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Lindemans, seconded by Councilmember
Moore to authorize the City Manager to contract with the recommended
vendors and administer the budgets for Telephone System, Security System,
Computer Network, Moving/Cleaning and Audio/Visual Equipment, in
connection with the improvements in the new City Hall and vacating portions
of old City Hall as listed in the staff report.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore,
Mu5oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS
Mayor Parks called a recess at 8:20 PM. The meeting was reconvened at 8:43 PM.
7. Community Services Funding Requests
Mary Jane Henry, Chief Finance Officer, introduced the staff report. She
announced that she met with representatives from TEAM, Inc. and they are
preparing the financial statement to qualify for funding. This matter will be
brought back on a future agenda for consideration.
Councilmember Mu5oz asked that the Senior Center be ear-marked for funding
when their application is received.
Hi nutes\01\29\91 - 7- 02/04/91
City Council Minutes January 29, 1991
Councilmember Birdsall asked that an additional $7,500 be added for the
Temecula Playhouse.
Mayor Parks asked that the criteria for funding be discussed.
City Manager Dixon suggested that the criteria used for United Way Funding
be obtained and used as a guideline for the City.
Councilmember Birdsall requested that staff get a copy of the United Way
criteria as well as other organizations and bring this issue back at a later date.
Jan Faison, 40088 Adian Court, representing the Cancer Patient Advocate
Foundation, requested that more programs that offer life improvement
assistance be considered for future funding.
Reverend Hack Wilkerson, Assistant Pastor, 30506 Colina Verde, asked that
the request of TEAM, Inc. (The Pantry) be favorably considered because this
organization feeds many hungry people in Temecula.
It was moved by Councilmember Birdsall, seconded by Councilmember
Lindemans to make revisions to the criteria for evaluating funding applications,
place on the agenda for Council review within the next 45 days and approve
staff recommendations as follows:
Approve additional funding for Temecula Playhouse in the amount of
$7,500.
Approve a loan of $10,000 to the Boys and Girls Club of Temecula for
the purpose of providing a facility for youth activities.
Approve an appropriation of $50,000 for Economic Development to be
administered by the City Manager with a report to Council in the next 30
days.
The motion was carried by the following vote:
AYES:
5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
M~nutes\O1\g9\91 -8- 02/04/91
City Council Minutes
January 29, 1991
Mayor Parks asked that along with the Pantry and the Senior Center, the
Cancer Patient Advocate Foundation be reconsidered.
City Clerk Reclassification
City Manager Dixon introduced the staff report.
Councilmember Mu~oz expressed opposition based on the state of the current
economy and the proposed salary level.
It was moved by Councilmember Lindemans, seconded by Councilmember
Birdsall to approve staff recommendations 8.2 and 8.3 as follows:
8.2
8.3
The motion was carried by the following vote:
Adopt a resolution entitled:
RESOLUTION NO. 91-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES
Approve reclassification of Deputy City Clerk to City Clerk.
AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Parks
Mu~oz
None
COUNCILMEMBERS:
COUNCILMEMBERS:
NOES: 1
ABSENT: 0
It was moved
by Councilmember Birdsall, seconded by
Lindemans to adopt staff recommendation 8.1 as follows:
8.1
Councilmember
Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 91-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 2.08. 061(b), ADDING SECTION 2. 08. 061, AND
AMENDING SECTION 2. 10.020 OF THE TEMECULA MUNICIPAL CODE
RELA TING TO THE APPOINTMENT OF THE CITY CLERK
Hinutes\01\29\91 -9- 0Z/04/91
10.
The motion was carried by the following vote:
AYES: 4
NOES: 1
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Birdsall,
Parks
Mu5oz
None
Modifications to Public Safety Department Budget
Rick Sayre, Chief of Police, introduced the staff report.
It was moved by Councilmember Birdsall, seconded by
Lindemarts to:
9.1 Approve the following increases in Police Staff:
· Two Traffic Officers
· One K-9 Officer
· One Community Service Officer
9.2
9.3
9.4
Lindemans, Moore,
Councilmember
3/01/91
3/01/91
2/01/91
Approve the purchase of two fully equipped Police motorcycles.
Approve the purchase of a sided tandem axle trailer.
Approve reclassification of two Office Assistant II to Office
Assistant III positions.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu5oz, Parks
NOES: 0
ABSENT: 0
COUNCILMEMBERS: None
COUNCILMEMBERS: None
I$$ue$ of Water Conservation, Detention/Retention and Flood Control
Councilmember Mu~oz gave a presentation on methods of water conservation,
detention/retention.
James Marpie, 19290 St. Gallen Way, Murrieta, stated the City of Fresno has
built recharge and retention basins throughout the City and has issued an open
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City Council Minutes January 8, 1991
invitation to any City who would like a tour of their facilities. He stated the
largest polluter of ground water is urban run-off, and requested something be
done to address this problem before it is mandated by the EPA.
Councilmember Lindemans suggested assigning this to staff to create a
committee and bring this back before the Council at a later date.
City Manager Dixon suggested having a joint meeting with Flood Control, EPA,
DWR, Fish and Game, two members of the Council and staff, to discuss this
issue and bring back recommendations.
It was moved by Councilmember Lindemans, seconded by Councilmember
Mu~oz to refer this matter to staff to bring back a report in 60 days.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore,
Mu5oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Lindemans, seconded by Councilmember Moore to
extend the meeting until 10:30 PM. The motion was unanimously carried.
1 1. Consideration of Bus Shelters - Temecula Valley Transportation Co.
City Manager Dixon introduced the staff report, explained the possibility of an
inconsistency with the City's sign ordinance, questions on location of bus
shelters, the encroachment permit process and suggested referring this matter
to a combined meeting of the Planning Commission and Traffic Commission.
Councilmember Mu5oz asked for an explanation of the possible conflict with
the sign ordinance. City Attorney Field explained that Bus Shelter Signs are
"off-site" signs which advertise other services and the City's "Billboard
Moratorium" Ordinance prohibits off site signs. He stated there are apparent
differences between these shelters and billboards, however this should be
considered.
Mayor Parks asked if the applicant has been approved by UMPTAH yet. City
Manager Dixon explained that he has not received a grant approval nor has he
received authorization by the City to execute same.
Minutes\01\08\91 -11- 02/04/91
City Council Minutes January 8, 1991
Councilmember Mu5oz stated that the applicant would like to begin a limited
service before the grant is obtained.
Tom Mindiola, 45644 Masters Drive, asked that the City give its support for a
badly needed service in this community. He stated an agreement could be
signed releasing the City from liability.
Delores McDaniels, 599 Park View Drive, Lake Elsinore, asked for the City's
support of this program, stating many cities have bus shelter programs. She
stated each bus shelter would be approved by the City Manager and the City
Attorney, giving the City good control over location. She asked that the City
go forward with this program allowing Mr. Mindiola to begin to generate
revenue to support this bus system.
It was moved by Councilmember Lindemans, seconded by Councilmember
Moore to extend the meeting until 11:00 PM. The motion was unanimously
carried.
Sydney Vernon, 30268 Mersey Court, spoke in opposition to staff
recommendation to refer this to a joint meeting, asking that this project be
expedited to provide a badly needed service in this community.
Mayor Parks stated he would be in favor of moving this project forward
however he was concerned about superseding the sign ordinance and would
like to examine this further. He said that there should be a franchise fee or
some control of the bus shelters by way of an agreement so that if the transit
system fails, a fee should be paid for the bus shelter advertising. He stated he
felt a working plan needed to be developed and suggested referring this to staff
for two or three weeks with a report to council.
Councilmember Mu~oz stated that bus services cannot exist without subsidy,
such as a bus shelter system, however he would be in favor of a condition
whereby these funds must be used for transportation purposes.
It was moved by Councilmember Mu~oz, seconded by Councilmember
Linderoans to refer this matter to staff with direction to work with the applicant
to address the concerns expressed by the Council and to place on the Council
agenda of February 26, 1991 for further consideration.
#inures\01\08\91 -12- 02/04/91
City Council Minutes
The motion was carried by the following vote:
AYES: 5
NOES:
ABSENT:
COUNCILMEMBERS:
Birdsall,
Mu5oz, Parks
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
January 8, 1991
Lindemarts, Moore,
City Attorney Field announced that he would discuss Items 12 and 13 concurrently.
City Attorney Field reported Items 13 and 14 have been delayed due to a Riverside
County requirement that in addition to the normal reserves set aside to cover defaults,
any land owner who owns 30% or more of the property within the district must post
a letter of credit, equivalent to the amount of the special tax, on their properties for
two years. He stated Bedford Properties owns over 70% of the property, and at this
time has not posted such a letter of credit. Mr. Field explained that this matter was
considered by the County Debt Advisory Committee, who recommended the bond
issuance be rejected. Notice has been received that this will not be placed on the
Board of Supervisors Agenda until such a letter of credit is posted.
It was moved by Councilmember Mu5oz, seconded by Councilmember Lindemans to
continue Items 12 and 13 to the meeting of February 12, 1991.
12. Community Facilities District 88-12 (Ynez Corridor) Sales Tax Agreement
13.
Community Facz?ities District No. 88-12 (Ynez Corridor) - Approval of Three
Joint Financing Agreements
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES:
ABSENT:
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Minutes\01\08\91 -13- 02/04/91
City Council Minutes January 8, 1991
CITY MANAGER REPORT
None given.
CITY ATTORNEY REPORT
None given.
CITY COUNCIL REPORTS
None given.
ADJOURNMENT
It was moved by Councilmember Lindemans, seconded by Councilmember Moore to
adjourn at 11:14 PM. The motion was unanimously carried.
Councilmember Mudoz stated he would be out of town for the meeting of February
5, 1991.
Minutes\01\08\91 -14- 02/04/91
ITEM NO. 3
RESOLUTION NO. 91-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ALLOWING CERTAIN
CLAIMS AND DEMANDS AS SET FORTH IN
EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the following claims and demands as set forth in Exhibit A have been
audited by the City Manager, and that the same are hereby allowed in the amounts of
$602,068.78.
SECTION 2. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPTED, this 12th day of February, 1991.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek, City Clerk
[SEAL]
3/Resos 142
B
8 8 ~ 8 8 8 8 8 8 8 8 8 8 8 8 8 ~ 88~8888 $ 88~ 8 8 8 ~
0 0 0 0 o
ITEM NO. 4
ORDINANCE NO. 91-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING SECTION 2.08.060(b),
ADDING SECTION 2.08.061, AND AMENDING SECTION 2.10,020
OF THE TEMECULA MUNICIPAL CODE RELATING TO THE
APPOINTMENT OF THE CITY CLERK
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 2.08.60(b) of the Temecula Municipal Code is hereby
amended to read as follows:
2.08.060 Powers and duties...
"(b) Appoint, remove, promote, and demote any and all officers
and employees of the City except elected officers, the City Attorney, and the City
Treasurer, subject to all applicable personnel rules and regulations which may be
adopted by the City Council;"
SECTION 2. Section 2.08.061 is hereby added to the Temecula Municipal
Code, which shall read as follows:
"2.08.061 Appointment of City Clerk. The City Manager shall be
empowered, pursuant to Section 34856 of the Government Code of the State of
California, to appoint, discipline or dismiss the City Clerk. Such power shall be
executed by the City Manager for any vacancy occurring in said office upon or
after the effective date of this Ordinance."
SECTION 3. Section 2.10.010 of the Temecula Municipal Code is hereby
amended to read as follows:
"2.10.010 Authority for office. The office of the City Clerk is created and
established. The City Clerk shall be appointed by the City Manager wholly on the
basis of administrative and executive ability and qualifications, subject to Section
2.08.061 of this Code."
2lORDS/91-06 I
Ordinance No. 91-06
Page 2
SECTION 4. SEVERABILITY. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be
invalid, such decision shall not affect the validity of the remaining parts of this
Ordinance.
SECTION 5. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance
and cause copies of this Ordinance to be posted and published as required by law.
PASSED, APPROVED AND ADOPTED this 12th day of February, 1991.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek
City Clerk
[SEAL]
APPROVED AS TO FORM:
Scott F. Field
City Attorney
2lORDS/91-06 2
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMECULA )
SS
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 91-06 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 29th day of January, 1991, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day
of February, 1991, by the following vote, to wit:
AYES:
COUNCILMEMBER:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, City Clerk
3/Orals 91-06
ITEM NO. 5
ORDINANCE NO. 91-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF
SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN
DEVELOPMENT PERMIT NO. 5535 CHANGING THE ZONE FROM R-A-5,
RESIDENTIAL AGRICULTURAL, 5 ACRE MINIMUM TO R-5, OPEN AREA
COMBINING ZONE ON 10.2 ACRES IN TWO PORTIONS OF PARCEL 926-
760-001; FROM R-A5 AND R-A- 2 1/2, RESIDENTIAL AGRICULTURAL TO
R-1 SINGLE FAMILY RESIDENTIAL, ON APPROXIMATELY 5 ACRES IN
PORTIONS OF PARCELS 926-760-001 AND 003; FROM R-l, SINGLE
FAMILY RESIDENTIAL TO R-5, OPEN AREA COMBINING ZONE, ON 6.4
ACRES IN PORTIONS OF PARCELS 926-760-001 AND 004, AND A PORTION
OF PARCELS 926-770-002; AND FROM R-1 SINGLE FAMILY
RESIDENTIAL, TO R-4-5000 AND R-4-6000, PLANNED RESIDENTIAL,
MINIMUM LOT SIZES 5,000 AND 6,000 SQUARE FEET RESPECTIVELY,
IN PORTIONS OF PARCELS 926-760-004 AND 005, ALL OF PARCEL 926-
770-002, AND A PORTION OF PARCEL 926-770-003.
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Public heatings have been held before the Planning Commission and City
Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law
of the State of California and the City Code of the City of Temecula. The application land use
district as shown on the attached exhibit is hereby approved and ratified as part of the Official
Land Use map for the City of Temecula as adopted by the City and as may be amended
hereafter from time to time by the City Council of the City of Temecula, and the City of
Temecula Official Zoning Map is amended by placing in effect the zone or zones as described
in Change of Zone No. 5535 in the above title, and as shown on zoning map attached hereto and
incorporated herein.
SECTION 2. Notice of Adoption. Within 10 days after the adoption hereof, the City
Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be
posted in at least three public places in the City.
SECTION 3. Taking Effect. This ordinance shall take effect 30 days after the date of
its adoption.
3/Ords 91-05
PASSED, APPROVED AND ADOPTED this 12th day of February, 1991.
Ronald J. Parks, Mayor
ATTEST:
June S. Greek, City Clerk
[SEAL]
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 91-05 was duly introduced and placed upon its first reading at a regular meeting
of the City Council on the 29th day of January, 1991, and that thereafter said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 12th day of February,
1991, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, City Clerk
3lOrds 91-05
ITEM NO. 6
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
MEETING DATE
SUBJECT:
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY
FEBRUARY 12, 1991
OLD TOWN TEMECULA MUSEUM FOUNDATION LEASE
RECOMMENDATION: That the City Council authorize the Mayor to execute the Lease
between The Old Town Temecula Museum Foundation and the City of Temecula.
DISCUSSION: The City Council previously accepted the grant of Sam Hicks Park to the
City from the Sam Hicks Monument Park Foundation subject to Old Town Temecula
Museum Foundation approving the revised Land Lease.
The Museum Foundation has now agreed to the revised Land Lease, including the increase
in insurance coverages to $1 Million after the Museum is built, as suggested by the
Council. Accordingly, it is requested that the Council enter into the Lease.
FISCAL IMPACT:
A TTA CHMENTS:
Lease Payment to City of $1.00 per year.
- Museum Lease
LAND LEASE
THIS LEASE is entered into as of January 1, 1991, between the CITY OF
TEMECULA, hereinafter called "Lessor," and THE OLD TOWN TEMECULA
HISTORICAL MUSEUM FOUNDATION, a California non-profit public benefit
corporation, hereinafter called "Lessee." Lessor acquired title in the name of the CITY OF
TEMECULA to the Property hereinafter described by deed dated , 19_, and
recorded on , 19__, in the Office of the Recorder of Riverside County,
California, in Book ~ at Page ~
NOW, THEREFORE, in consideration of covenants and promises hereinafter
mentioned, the parties, Lessor and Lessee, agree as follows:
1. DESCRIFrION OF PROPERTY. Lessor hereby leases to Lessee, and
Lessee here hires and takes from Lessor, the Property to be defined as that land to be
occupied by the museum as per the attached plot plan (Exhibit "A" attached hereto) located
on Moreno Road, Temecula, California, hereinafter called the "Property."
2. TERM. The term of this agreement shall be forty (40) years, commencing on
November 1, 1990, and ending on October 31, 2030.
This Lease may be extended as set forth in paragraph four (4) of this Agreement.
3. RENT. Lessee agrees to pay Lessor as rent for the use and occupancy of the
Property the sum of ONE DOLLAR ($1.00) per year, payable in advance on the first (lst)
day of January of each year commencing with January 1, 1991, and continuing thereafter
during Lessee's use and occupancy of the Property.
If the Lessee renews the term of this Lease as provided in paragraph four (4), the
Lease shall continue for the same rental rate.
Rent shall be payable in lawful money of the United States to Lessor at the address
stated herein or to such other persons or at such other places as Lessor may designate in
writing.
4. OPTION TO RENEW. As part of the consideration for the execution of this
Lease, Lessor hereby grants to Lessee, an option to extend and renew the provisions of this
Lease for a twenty-year term, upon the same terms and conditions hereof. The option to
renew and extend the provisions of this Lease must be exercised, if at all, by notice in
writing given to Lessor not less than sixty (60) days prior to the expiration on the previous
term.
5. USE OF THE PROPERTY. The Property shall be used for the construction
and operation of a museum of a minimum of 3,000 square feet, including public restrooms.
Construction of said structures shall commence within three (3) years of the date of this
Lease. In addition, a final inspection or certificate of occupancy shall be obtained within five
(5) years of the date of this Lease. The Property shall also be used for the relocafion of a
church of 1,200 square feet. Other construction projects, not specifically permitted by this
Lease are prohibited. The design and location of said structures shall be subject to Lessor's
approval, which approval shall not be unreasonably withheld. Lessee also agrees to comply
with all applicable laws, rules, regulations, and ordinances of every governmental body or
agency whose authority extends to the leased Property, or to the business conducted upon the
leased Property.
6. ALTERATIONS. Lessee may not make any alterations (other than
insubstantial ones) to the leased Property or structures thereon without Lessor's prior written
consent, which consent shall not be unreasonably withheld. Lessee, at Lessee's own expense,
shall comply with all present and future governmental requirements arising out of, in
connection with, or necessitated by such alterations.
7. FIXT-JRES. All fixtures placed on the leased Property by Lessee shall at all
times be and remain the personal property of Lessee, and Lessee shall have the right to
remove such fixtures at any time during the term hereof and also within five (5) business
days after the termination of this Lease. Lessee shall, at Lessee's sole expense, restore and
repair any damage to the leased Property caused or occasioned by the removal of the
fixtures. Such repair and restoration shall be performed within five (5) business days after
the expiration of this Lease and shall be performed in compliance with the terms and
conditions of Paragraph 8 of this Lease relating to repairs.
8. REPAIRS. Lessee accepts the Property as being in good order, repair and
condition. At all times during the term of this Lease, Lessee shall, at Lessee's own cost and
expense, and at no cost and expense to Lessor, maintain the Property and all portions of the
Property in good order and repair and make all repairs and replacements that may become
necessary to the Property, any buildings or improvements on the Property, or any sidewalks,
landscaping, driveways, or parking areas that are part of, or appurtenant to, the Leased
Property. Any and all repairs and replacements required by this provision, both ordinary and
extraordinary and both structural and nonstructural, shall be made promptly by Lessee as
required and shall comply with all applicable governmental laws, ordinances, and
regulations. Lessee hereby waives the provisions of sections 1941 and 1942 of the California
Civil Code relating to Lessor's duty for tenantable premises and Lessee's right to make
repairs and deduct the expenses of such repairs from the rent.
9. LANDSCAPE MAINTENANCE. Lessee shall recognize that the installation
and maintenance of landscaping on the Property is an integral part of the lease. Lessee shall
maintain and care for landscaping on the Property using generally accepted methods of
cultivation and watering. Lessee shall maintain that standard of care necessary to prevent the
landscaping from deteriorating to the extent that its value as landscaping is destroyed. Lessee
shall also maintain landscape of Property in a manner and design reflecting the 1890 theme
of the TEMECULA HISTORICAL OVERLAY.
If Lessee fails to maintain the landscaping in such proper condition, Lessor may give
written notice of such deficiency to Lessee. If the Lessor gives norice to Lessee of a
deficiency, Lessee shall have thirty (30) business days within which to take reasonable steps
to cure the deficiency. If Lessee has not commenced corrective activity within such thirty
(30) days, the City may elect to take the steps necessary to insure that the landscaping is
maintained and cared for. At least fifteen (15) days prior to entering the Property to perform
any such corrective work, Lessor shall either personally serve a notice of its intent to enter
the premises for this purpose on the Lessee or mail a copy of such notice by certified mail to
the Lessee's last known address, or as shown on the tax rolls. Lessor may enter the Property
to perform such corrective work as it reasonably considers necessary and proper to return the
landscaping to its proper condition. Lessor may act either through its own employees or
through an independent contractor to perform such corrective work.
If Lessor incurs costs, including administrative costs and attorney's fees in returning
the landscaping to its proper condition pursuant to the procedure set forth in paragraph 7
above, Lessor may make a demand upon Lessee for payment of such costs as are reasonable
under the circumstances. If Lessee fails to pay such costs within thirty (30) business days
after the date demand is made, the terms and provisions of this lease shall terminate.
10. MECHANICS' LIENS. Lessee hereby agrees to keep the leased Property
and the improvements thereon or hereafter erected or placed thereon, and every part thereof,
and every estate, right, rifle, and interest therein, or in or to any part thereof, at all times
during the term of this Lease, free and clear of mechanics' liens and other liens for labor,
service, supplies, equipment, or materials. Lessee also agrees to fully pay and discharge and
wholly protect and save harmless Lessor and all and every part of the estate, right, rifle, and
interest of Lessor in and to all and every part of said demised Property and improvements
against any and all demands or claims that may or could ripen into such liens or labor
claims. Notwithstanding the foregoing, Lessee may, if Lessee furnishes Lessor with a bond
or other security against loss or liability by reason thereof in a form acceptable to Lessor,
contest, at Lessee's sole cost and expense, any such liens or claims and liftgate the same final
judgment; in the event Lessee shall have taken an appeal from an adverse judgment, Lessor
shall at all times during the pendency of such appeal prevent the execution of such judgment
pending appeal.
11. DESTRUCTION OF PROPERTY. Should any building or improvements on
the leased Property be damaged or destroyed by fire, the elements, Acts of God, or other
causes not the fault of Lessee or any person in or about the leased Property with the express
or implied consent of Lessee, they shall be repaired or replaced by Lessee at its own cost
and expense; however, should the cost of repairing or restoring any buildings or
improvements so damaged or destroyed exceed fifty percent (50%) of the replacement cost of
all buildings and improvements to be located on the leased Property, Lessee may, at its
option, either repair and restore the damaged buildings and improvements or cancel this
12. SURRENDER OF PROPERTY. On expiration or sooner termination of this
Lease, or any extensions or renewal of this Lease, Lessee shall promptly surrender and
deliver said Property to Lessor in as good condition as it is now at the date of this Lease,
reasonable wear and tear and repairs hereafter required to be made by Lessor excepted.
Lessee may surrender the property leaving the buildings relocated or constructed pursuant to
this Lease in place with the consent of Lessor and at no cost to Lessor. This paragraph is
subject to the conditions of Paragraph 7 relating to removal of fixtures. On file with the City
Clerk of the City of Temecula are photographs of the property in its condition as of the date
of execution of this Lease.
13. ALIENABILITY OF PROPERTY. Nothing in this Lease shall be construed
to restrict the alienability of said Property. Lessor retains the right to sell or encumber said
Property at any time during the term of this Lease.
14. UTILITIES. Lessee agrees to pay for all utilities, including telephone, water,
gas, electricity, and any and all other services which may be used in or upon the leased
Property during the term of this I_ease without liability of Lessor. For each service, Lessee
shall pay the cost for the use of the service directly to the utility provider prior to the time
that the charge becomes delinquent.
15. TAXES. During the term of this Lease, Lessee shall pay before delinquency
(1) all taxes, assessments, license fees, and any other charges of any type whatsoever that are
levied, assessed, charged, or imposed on or against Lessee's possessory interest and/or
personal property installed or located in or on the leased Property and that become payable
during the term of this lease and (2) all real property taxes and general and special
assessments levied and assessed against the leased Property.
16. WASTE OR NUISANCE. Lessee shall not commit or permit the commission
by others of any waste on said Property, including graffiti; Lessee shall not maintain,
4
commit, or permit the maintenance or commission of any nuisance as defined in Section
3479 of the California Civil Code on said Property; and Lessee shall not use or permit the
use of said Property for any unlawful purpose.
17. ASSIGNIVW~ AND SUBLETTING. Lessee may assign this Lease or an
interest therein and may also sublet the Property, provided Lessee first obtains the written
consent of Lessor to any such assignment or subletting. If, during the term of this Lease,
Lessee requests the written consent of Lessor to any assignment or subletting, Lessor's
consent shall not unreasonably be withheld. A consent to one assignment or subletting, and
any subsequent assignment or subletting without Landlord's consent shall be void and shall,
at Landlord's option, terminate this Lease. Any approved assignment or sublease shall not
relieve Lessor of liability under the terms of this Lease.
18. INDEMNITY AND INSURANCE. Lessee agrees to indemnify and hold
Lessor harmless from and against any and all claims arising from any act, omission or
negligence of Lessee, or its contractors, licensees, agents, servants, or employees, or arising
from any accident, injury or damage whatsoever caused to any person or property occurring
in, on, or about the Property, the sidewalks adjoining the Property, and from and against all
costs, expenses and liabilities incurred in or in connection with any such claim or proceeding
brought thereon, including, but not limited to, court costs and reasonable attorney's fees.
Lessee shall maintain in full force during the term of this Lease, a policy or policies
of general liability insurance in the minimum amount for the first year of the term of this
Lease of Two Hundred Fifty Thousand Dollars ($250,000.00) combined single-limit per
occurrence for bodily injury, personal injury and property damage. Upon the final inspection
for certificate of occupancy for the Museum described at Section 5 of this Lease, the amount
of said insurance shall increase to One Million Dollars ($1,000,000.00). Lessee shall name
Lessor as an additional insured on such policies. Lessee shall furnish Lessor with a
Certificate of Insurance with respect to such policy or policies prior to entry on the property.
The policies shall further be endorsed with a "broad form" endorsement so as to provide
comprehensive general liability insurance for the joint benefit of lessor and lessee for
personal injuries.
Lessee shall maintain in force, at Lessee's expense, a policy or policies of insurance
protecting against the following:
O)
Fire and other perils normally included in the extended coverage insurance with
special form, to the extent of at least one-hundred percent (100%) of the insurable
value of the building(s) and other improvements placed on the property pursuant to
the Lease, exclusive of trade fixtures and equipment belonging to Lessee.
5
(2)
Fire and extended coverage insurance with respect to Lessee's fixtures and
equipment located on the property with vandalism and malicious mischief
endorsements to the extent of one-hundred percent (100%) of their insurable value.
During the term of this Lease, the proceeds of any such policy or policies for fire
insurance should be used solely for the repair or replacement of the fixtures or
equipment so insured.
(3)
Lessee shall furnish Lessor with a Certificate of Insurance with respect to all
policy or policies required pursuant to this Lease prior to entry on the property,
and occupancy of any buildings constructed or relocated onto the property. If any
such insurance required in this Lease has a deductible clause, the deductible
amount shall not exceed $1,000.00 per occurrence, and Lessee shall be liable for
any such deductible amount.
(4)
The coverage amounts for all insurance requirements pursuant to the City shall
increase annually at a rate equal to the Consumer Price Index for Riverside
County.
19. INSPECTION. Lessor may enter upon the Property at any reasonable time
for the purpose of inspecting the Property. "Reasonable time" shall be defined as during
normal operating hours.
20. INSOLVENCY. The insolvency of Lessee as evidenced by a receiver
being appointed to take possession of all or substantially all of the property of Lessee, or the
making of a general assignment for the benefit of creditors by Lessee, shall terminate the
Lease and entitle Lessor to renter and regain possession of leased Property.
21. UNLAWFUL DETAINER. In the event of any breach of this Lease by
Lessee, Lessor, in addition to any other rights or remedies it may have, may give Lessee a
three-day notice to cure the breach or quit the premises. If Lessee fails to do either, Lessor
may bring a statutory proceeding in unlawful detainer to regain possession of the Property.
Any notice given by the Lessor pursuant to this paragraph does not constitute termination of
this Lease unless expressly so declared by Lessor in the notice.
22. WAIVER OF BREACH. The waiver by Lessor of any breach of any
term, covenant, or condition herein contained shall not be deemed to be a waiver of such
term, covenant, or condition, or any subsequent breach of the same or any other term,
covenant, or condition herein contained, The subsequent acceptance of rent hereunder by
Lessor shall not be deemed to be a waiver of any prior occurring breach by Lessee of any
term, covenant, or condition of this Lease, other than the failure of Lessee to pay the
particular rental so accepted, regardless of Lessor's knowledge of such prior existing breach
at the time of acceptance of such rent.
23. ABANDONMENT. In the event that Lessee shall be absent from the
demised Property for a period of 30 days after default in payment of rent or other obligations
imposed on Lessee by this Lease, such absence shall be deemed to constitute an abandonment
of Lessee's interest in the demised Property and an abandonment by Lessee of any personal
property left on the demised Property, and Lessor may thereupon reenter the Property as
hereinbefore provided.
24. BINDING ON SUCCESSORS. The provisions of this Lease shall be
binding upon and shall inure to the benefit of the heirs, successors, assigns and legal
representatives of the parties hereto. Nothing in this paragraph shall be construed as a
consent by Lessor to any assignment of this Lease or any interest therein by Lessee except as
provided in Paragraph 18 of this Lease.
25. NOTICES AND PAYMENTS. Whenever notices and payments are
required to be given pursuant to the provisions of this Lease, they shall be sent to either
party, in writing and postage prepaid by registered mail, addressed as follows:
To the Lessor at:
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
To the Lessee at:
The Old Town Temecula Historical Museum
Foundation, A California Non-Profit Public
Benefit Corporation
P.O. Box 792
Temecula, CA 92390
Either party may change such address by written notice by registered mall to the other party.
26. DEFAULT, NOTICE OF DEFAULT, BREACH. A default in the
performance of any promise of, or of any obligation imposed upon Lessor and Lessee, shall
not constitute a breach of this Lease unless the party in default falls to cure such default
within thirty (30) days after the written notice of default has been served, except that failure
to cure a default in the payment of rent shall constitute a breach of this Lease if such default
is not cured within five (5) days after written notice of default has been served. If either
7
party breaches this Lease, the other party shall be entitled to pursue every legal and equitable
remedy available, including (but not limited to) the right to terminate this Lease and the right
to recover accrued rent, paid in advance. Lessor, in addition to other remedies it may have,
shall have the immediate right to reentry, and may remove all persons and property from the
Property, such property may be stored at the cost of Lessee. The prevailing party shall be
reimbursed attorney's fees.
IN WITNESS WHEREOF, the parties have executed this Lease the day and year
first above written.
LESSOR: LESSEE:
CITY OF TEMECULA,
A Municipal Corporation
THE OLD TOWN TEMECULA
HISTORICAL MUSEUM FOUNDATION
a California Non-Profit Public Benefit
Corporation
By:
RONALD J. PARKS
Mayor
By
By
ATTEST:
By:
JUNE S. GREEK
City Clerk
APPORVED AS TO FORM:
By:
SCOTt F. FIELD
City Attorney
8
ITEM NO.
7
APPROVAL
FINANCE OFFI~)ER
CITY MANAGERv
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Engineering Department ~
February 12, 1991
Final Parcel Map No. 23624
PREPARED BY:
Douglas M. Stewart
RECOMMENDATION:
That the City Council approve Final Parcel Map No. 23634 subject to the Conditions
of Approval.
DISCUSSION:
Parcel Map No. 23624 was originally submitted to Riverside County Planning
Department on May 16, 1988. The Tentative Parcel Map Amended No. 1 was approved
by the County Planning Commission on March 15, 1989 and by the Board of
Supervisors on May 9, 1989.
Parcel Map No. 23624 proposes to subdivide 36.57 acres into three parcels. The
three lots each total 1.4 acres, 2.2 acres, and 5.6 acres; a remainder parcel of 27.37
acres is created and is further subdivided by Tentative Tract Map No. 23992 which
will also be heard at the next City Council meeting. The parcel map is located south
of Rancho California Road and west of Ynez Road. This map is part of the Rancho
Highlands Specific Plan No. 180, Development Agreement No. 3. The County
Planning Commission concurrently reviewed the project with Tentative Tract No.
23992, and Plot Plan No. 10579, an application to construct a hotel on Parcel One.
The applicant is Rancho California Development Company and representative is
N BS/Lowry.
The following fees have been paid (or deferred) for Parcel Map No. 23624:
Signal Mitigation Fee
Area Drainage Fee
$ 61,325.00
63,467.60
STAFFRPT\FPM23624 1
Requirement of Quimby fee (Park Fees) is not listed in the County of Riverside
Conditions of Approval for Final Parcel Map No. 23624, however, past City actions
have determined that clauses within a development agreement provide latitude to
require park fees. Staff is recommending adoption of a condition requiring payment
of Quimby fees. This is not considered a new condition, but a clarification of
existing requirements.
Improvements for Final Parcel Map No. 23624 have been installed and bonding
guaranteeing construction are only required.
Improvement Guarantee
Survey Monuments
$38,750.00
9,000.00
SUMMARY:
Staff recommends that the City Council APPROVE Final Parcel Map No.
23624 subject to the Conditions of Approval and following condition:
The Quimby fee shall be paid as required by the City of
Temecula Community Services Department.
GH:ks
Attachments:
2.
3.
4.
5.
Development Checklist
Location map
Copy of Map
Conditions of Approval
Fees & Securities Report
STAFFRPT\ FPM2 3 6 2 4 2
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO.: Final Parcel Map No. 2362~
The following fees were reviewed by Staff relative to their applicability to this
project.
Fee
Habitat Conservation Plan
I K-Rat)
Parks and Recreation
( Quimby )
Public Facility
( Traffic Mitigation )
Public Facility
I Traffic Signal Mitigation)
Public Facility
{ Library )
Fire Protection
Flood Control
IADP)
Condition of Approval
Condition No. 23
(Planning)
Development Agreement No. 3
N/A
Condition No. 14
(Roads and Survey)
N/A
N/A
Condition No. 11
(Planning)
STAFFRPT\FPM23624
W~nche$1er
SOL
MEADdWVIEW
1,;, r FG ¢-
it, L,4%H~ ?; k
VILLAGE ~
Project Site
SUBMrl-rAL TO THE BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE. STATE OF CALIFORNIA
0 eveloo
First Superv~sorlal D~s~r~ct - Kancno ~a£ifornia Area - 36.57 Acres'-
3 Lots - Schedule I - SP Zoning.
RECOMMENDED MOTION:
..RECEIVE AND FILE the above referenced case acted on by the Planning
Commission on March 15, 1989.
THE PLANNING COMMISSION
ADOPTED the Negative Declaration for Environmental Assessment No.
32864 based on the findings incorporated in the environmental
assessment and the conclusion that the proposed project will not
have a significant effect on the environment; and
APPROVED TENTATIVE TRACT NO. 23624, AMENDED NO. 1 subject to the
attached conditions and based on the findrigs and conclusions incor-
porated in the Planning Commission minutes dated March 15, 1989.
K J J: sc
3/20/89
MAY 2A 1989
Ayes:
Noes:
Date:
Absent:
RIVERSIDE COUNTY
~LANNING DEPARTMEN .-r
1.5
"MINUTES' OF-THE BOARD OF SUPERVISORS
o, ,otion-:o*{S-'p.e vi,or Vo, lov,. s,co,ded by
Supervisor Dunlap and duly'carried by unanimous vote, IT WAS
ORDERED that ~the above.report of approval is received and
Ceniceros, Dunlap, Larson, Abraham and/?Younglove
None ~erald A. ~1oney
Planning, Land_Use,_Applicant ~. /ff Deputy .....
uep~. ~mments u~s~ ~b~u~ NO.
Zoning Area: Rancho California
Supervisorial District: First
E. A. Number: 32864
Regional Team No. I
C~IAL PARCEL. I~ I10. ~3~24, AR). ~1
Planning Coneisston: 3-15-89
Agenda Item No.: : 5-1
RIVERSIDE COUNTY PLANNING DEPARTt~NT
STAFF REPORT
Appl t cant:
Engtne er/Repr esen tati ve:
Type of Request:
4~ Location:
5. Existing'·Zoning: .
· 6.Surrounding Zoning:
7. Site Characteristics:
8. Area Characteristics:
Comprehensive General Plan
Designation:
lO. Land Division Data:
Rancho Caltfomta Development Co.
NBS/Lowry
A Schedule E Division of 36.57 acres
into 3 coaeercial parcel s and 1
renalrider parcel.
South of Rancho California Road and
west of Ynez Road.
SP, R-A:5, C-l/C-P, C-P-S
Vacant land with a pond on site.
Urbantzing area with commercial and
residential uses.
Land Use: Spectfic Plan No. 180
(Rancho Hi ghl ands)
Open Space/Cons: Specific Plan No. 1BO
Total Acreage: ~ 36.57
Total Lots: 3 commercial parcels. and 1
remainder parcel
See 1 etter. dated:
Road: 8-10-89
Heal th: 1-05-89
Flood: '8-08-88
Fi re: 7-26-88
Butldtng& Safety
Grading: 1-24-89
County Geologist: 6-29-88 & 6-30-88
CALTRANS: 7-05-88 . .
Opposing/Supporting: ' None received
Not:within a city sphere.,.,:i ,'. :;., .::. :
'." .'.?' :::. :'. ~. '-'..
Coma'erctal...;: Pa'rcel .:. ~p :' No. ~:'~23624,::. Amended No. 1 is an application :~o divide
36.57 acres' into 3 parcels With::l';4 acres, 2.2 acres and 5,6' acres each, and
1 remainder parcel. of. 27.37. acres. The proposed project is a Schedule "E"
subdivision.' The.project. stte:'t~ located south of ~ncho' California Road' and
west of Ynez Road;"'.,.:,. ;. . !:.,, ..{...: ..
!'~:T,: ' ' "" ." '
COIq~RCIAL PARCEL IMP MO. 321~4
Staff Report
Page 2
Surrounding zonings include SP, R-A-5 and C-1/C-P. The site has spectfic
plan zonlng (SP). Surrounding land uses include coueerctal uses to the north
and .west- and vacant 1and 'to the.sou~ and .east. An existing residential. use~
'"" cond~tntums, are adjacent t the project'site .on" t~ree sides... The project'
site is vacant with a pond on site.
The project site lies within the boundaries of Specific Plan (SP) No. 180.
Amen~ent No. 1 to the Spectfic Plan was approved by the Board of Supervisors
on July 18, 1988. Parcels 1, 2 and 3 lie within Specific Plan 180 Land Use
Planning Area 2 which allows office/professional uses. The remainder parcel
lies wlthtn Land Use Planning Area 2 which allows office/professional uses.
The remainder parcel lies.within Land Use Planning Area 4/5, .6 and 7 which
· allows very high denstry residential. Tentative Tract No.' 23992, which is an
app1_tcatton currently being processed; proposes to buil.d condominiums on the
renainder parcel. Plot Plan No. 10579, which ts an application to construct
a hotel on Parcel 1 is currently being processed.
Envt tonmental Analys! s
Environmental Assessment No. 32864 indicated concerns/constraints of fault
hazard, liquefaction, erosion, dam inundation, highway noise, scenic highway,
and paleontologlc resources and Stephens kangaroo rat. County Geologlc
Report No. 476 was prepared for the project site to address seismic
constraints .. and County Geologic.. Report No, .276 . L was prepared to. address
liquefaction constraints. Seismic and liquefaction concerns are mitigated
through the conditions of approval. The site is subject to erosion and will
be mitigated through proper UBC standards at the time of development. The
site is sub;lect to potential dam inundation and is mitigated through the
Riverside County Flood Control recaenendattons as .indicated in their letter
dated July 12, 1988 which is tncluded in the conditions of approval. The
site is adjacent to 1-15 which is an eltgtble state scenic highway and the
site is also. subject-. to noise ~rom X-15. Xmpacts wtll have to be mitigated
at the-development :,:stage.: The site._ has~:~the.!~ipote. nttal for paleontologtc
resources ;'?.J. ]mpa~ts. ,.~'"ate:~.: ,ttt gated.'-. th rough :!i~th'ei:~::.~,,.dttt OhS o f .approval. The
· site. is wtthtn.~the hlstorfc~'/range'.ofi!.the'.:'Step,fi~'d":~Ka'ifgaroo!.:Rat;': ,,'The?site',::, ts'::,~?:;';?::."
' vtthtn ;:,:an..i,? urbantzlng:!., area '. and ': ts' not con'$tder_'~d a'-vtable habttat': area. .*.' A*
contit tton 'requiring the payment of. mtttgatton:'.fees'aCCOrdtng to Ordinance ' No.
653 ts tncluded tn the conditions of' approval.
Gefienl Plan· Coaststency/i.~nd Use Coetlbtllty
The stte .ts "iwtthtn $pectftc Plan No. 180 Rancho Highlands). The stte ts
~thtn Land Use Plantng Areas (LUPA)2', 4/5,'$, and-7 of the spectflc plan.
Office/professional. uses are allowed wtth LUPA 2 with htgh .denstry
restdentia1."ts~allo~edvrlthtn LUPAS'4/5,'*$ and 7;' The stte falls wtthtn
COI~RCZAL PARCEL MAP MO. 32864
Staff Report
Page 3
Development Agreement No. 3 (Ordinance. 664.4). The proposed project conforms
" .to. the requirements of Specl.flc Plan No. 180. and Amendment .No. 1... The
· . proposed' project. is' compatt.ble' .with 'area developm'ent.and surrounding'-]and "....-. ·
uses and zones . Based on the foregoing, staff finds the proposed project
consistent with the general plan.
FIMDIMGS:
1. The app]tcant ts prop,sing to subdivide a 36.57 acres stte tnto 3 parcel
with 1.4, 2.2, and 5.6 acres each and 1. remainder parcel of 27.37 acres.
2. 'Parce] Map No. 23624, Amended No. I is a Schedule "E" Subdivision' with a
1.4 acre minimum-lot size.
0
The project stte ts Fitbin Spectfic Plan No. 180 and wtthtn Land Use
Planntng Area (LUPA) 2, 4/5, 6, and 7 of the specific p]an. LUPA 2
covers Parcels 1, 2, and 3 al]ows office/professional uses. LUPAS 4/5,
6, and 7 cover the area within the remainder parcel and allows high
density residential.
4. Surrounding zontngs tnclude SP, R-A-S, C-l/C-P, and C-P-S. The site ts
zoned SP. Surrounding land uses tnclude coanercta] uses, residenrta]
uses and vacant.land.. The site is vacant and contatns a pond. .
5. Environmental Assessment No. 32864 1denttried the constraints of fau]t
hazard, liquefaction, erosion, dam 1nunSart.n, highway noise, scenic
htghway, pale,fit, logic resources and Stephens kangaroo rat. A11
envtromuental constraints are mitigated through the conditions of
approval or at the development stage.
~'~11."- The proposed .,c~'~ctal'/'parcel map 1s cempattble ,tth the established
2 The. proposed proJect~.'~.isubstant{ally '~ conforms to the requirements
Specific Plan #o.':180. ' · .., -.-
3. The proposed project ts consistent vtth Ordinances No. 348 and 460 and
~Jth the 6eneral Plan
.4. All envtronnental.:~tBpacts are mitigated.
COI~ERCZAL PARCEL K~P NO. 32864
Staff Report
Page 4
RECOI~![IJDAT101CS:
.. ADOPT[OIi of a Negative Declaration for Envtronmental. Assessment No. 23624
· based on the ftndtngS .Incorporated. in the .tntttal study.and th~ conclusion
that the' proposed project 'wtl] not have a significant 'effecl~ on the
environment; and
APPROVAL of TEk'TATIVE PARCEL ~ #0. 23624, AI~IE)ED #0. 1, subject to the
attached conditions of approval.
KD:aea
2-28-89
o- o
~ , VAC.
RES
VAC. ,
VAC.
Circ~. 15
FREEWAY VAR.
FleetIN' RANCHO CALIF. ART. 110'
i Rd. Bk. I~ 56AI)ete 2-8-89 ~ By DGT. L ~.~
I,OC. ATlO~Jd.. SlAP *' ,'
Uee','.:~. 3;' AC; 1'O:::'4 PARCEL:,;L~::':~ · '"?::i:':?,-'~.'T' :': 'i ·
AREA. RANCHO CALIE
~oc.' I T. eS.,R. 3W Alseooor*s Ik. 023 I~. 02
SP 180
, ?
R-R
C,Z "-7 7 ~
SP 180
Al~.' RANCHO CALIF. DEVELOPMENT'CO.
U.4 37 AC. TO 4 PARCEL
AREARANCHO CALIE -' :.: -', . $.p.l~t I
Sec. I T. 8$.,R. 3W ~'s Ik. 923 I~. 02
Cirgetati~ 15 FREEWAY VAR.
Ellmeat RANCHO CALIF. ART. 110'
Rd. Bk. Pg. 56ADetl 2-8-89 Drl.m I1 DGT. ~L ;~.'
z~ PLAIMTNG DTRECTOR'S APPROVAL DATE:
O< R/VEgSIDE COUNTY PLANNING DD)ARTI~KT
TFJiTATIV[ PARCF1 NAP RO ?.3624. NiENDED
The subdivider shall defend, Indemnify, and hold harmless the County of
Riverside, .1rs agents, officers, end employees. from a~ Clatm,.. action,.
or proceeding agatnst the County'of Rt'verstde or"tts agents, officers,
or employees to attack, set astde, votd, or annul an approval of the
County of Riverside, 1rs advisory agencies, appeal boards or legislative
body concerning T£NTATIV£ PARCEL HAP NO. 23624, AH~ND£D NO. 1, v~tch
action ts brought within the time period provtded for tn California
Government Code Sectton 66499.37. The County of Riverside wtll promptly
notify the subdivider of any such clatm, actton, or proceeding against
the County of Riverside and wtll cooperate fully tn the defense, If the
County · fails to' promptly .nottry the subdivider of an~ . such claim,
actton, or proceeding or falls to Cooperate fully tn the defense, the
subdivider shall not, thereafter, be responsible to defend, Indemnify,
or hold harmless the County of Riverside.
2. The tentative parcel map shall conform to the requirements of Ordinance
460, Schedule £, unless modified by the conditions listed below. This
approved tentative parcel map will expire two years after the Board of
Supervisors approval date unless extended as provided by Ordinance 460.
3. The final map shall be prepared by a registered civil engineer or
licensed land surveyor subject to all the requirements of the State of
-''~' Callrolla ....Subdivision Map"Act, Riverside County Subdivision Ordinance
460.
4. All road easements shall be offered for dedication to the public and
shall continue in force until the governing body accepts or abandons
such offers. All dedications shall be free from all encumbrances as
approved by the County Road C~tsstoner. Street names shall be subject
to approval of the Road Commissioner.
~ '~$. Easements,." when required for roadway slopes, drainage facilities,
" ....i:'...~:.,::,?uttlttte),,.'etc;:;~.shall '..be r. Shown on ..the!':final map if within the,land
::':'::-dtvtsion.~i,~'boundarT,'i:.::i'All offers" of dedtca'tton~ Shall.' provide ,for
· :.'::i';.'nonexcl'ustve~publtc-road; and uttltty access~i~ All easements. offers of
dedication and conveyances shall be' submltted'and recorded as dtrected
b~ the Riverside Coun~ Surveyor.
6. Legal access as requlred by Ordinance 460 shall be provided from the
parcel map boundary to a County matntatnedroad.
7. All .delinquent property taxes shall be paid prior to recordation of the
final map..::::,:.
TEXTATZ¥£ PARCEL IMP NO. Z3830. NEJIDED NO. 1
Conditions of Approval
Page 2
8. Prior to any grading, a Grading Plan in compliance with l~e Uniform
Building Code, Chapter 70, as amended by Ordinance 457, shall be
submitted to the County Department of Building and Safety.
9. The subdivider shall comply.with the' street- improvement '.recommendations
-outlined .-in"the. County. ~ad Department's letter. dated 8-1.0-88,: a .copy-of
which is attached.
lO. The subdivider shall comply with the environmental health
recommendations outlined in the County'14ealth Depar~ent's transmittal
dated 1-05-89, a copy of which is attached.
11. The subdivider shall comply with the flood control recommendations
outl. ined in the Riverside County Flood .control 'Dtstrlct's. letter dated
7:12;88, a copy of which is attach'ed.' If'the'land'division .lies within
an adopted flood control drainage area pursuant to Section 10.25 of
Riverside County Land Division Ordinance 460, appropriate fees for the
construction of area drainage facilities shall be collected by the Road
Commissioner prior to recordation of the final map or waiver of parcel
map.
12. The subdivider shall comply with the fire improvement recommendations
outlined in the County Fire Department's letter dated 7-26-88, a copy of
which is attached.
13. The subdivider shall compl. y~..wtth?.the: recommendations outlined in the
Building and Safety'Department: Grading Sectton's transmittal dated
1-24-8g, a copy of which ts"attached.
14. The subdivider shall comply wtth
County Geologist's transmittal dated
which are attached.
the recommendations outltned in the
6-29-88 and 6-30-88, copies of
15. Lots created by this subdtvtston::~.shall be in conformance with the
development standards of~-t~e':,SP::'::~80'~ :zone'; -' ?"' , "
16. All lots'created by this land. division 'shall have a minimum area"of~' 1.4
acres gross. ' .-
When lots are crossed by major public utility easements, each lot shall
have a net usable area of not less than 3600 square feet, exclusive 'of
the utility easement.
17.
TEJITATZYE PARCh HAP NO. 7_~624, Nq~NDED NO. 1
Conditions of Approval
Page 3
18. All lot length to width ratios shall be tn conformance wtth Section 3.8C
of Ordinance 460.
· 19.. All street lights' and .other' outdo'or lighting. Sha!1 be.' shown on
electrical plans' submitted to the Department of Buildtrig and Safety for
plan check approval and shall comply with the requirements of Riverside
County Ordinance No. 655 and the Riverside County Comprehensive General
P1 an.
PIL[OR TO THE RECORDAT[ON I3F THE FINAL NAP:
20. A copy of the Environmental Constraints Sheet (ECS) shall be transmitted
to. the Planning .Department for review and approval.
F.I~I~IITN. COItST1L~IIT SIIET CONDITIOI~:
21.
An Environmental Constraints Sheet (ECS) shall be prepared with the
final map to delineate identified environmental concerns and shall be
permanently filed with the office of the County Surveyor, Prior to the
recordation of the final map, a copy of the ECS shall be transmitted to
the Planning Department for review and approval. The approved ECS shall
be forwarded with copies of the recorded final map to the Planning
Oepartment. and the'Department of Building and Safety. The following
note shall be placed on the Environmental Constraints Sheet.
a. 'County Geo16gtcal Report Nos. 476 and 476L were prepared for this
property on June ~g, 1988 and June 30, 1988 by Converse Consultants,
Pasadena, and are on file at the Riverside County Planning
Department. The specific items of interest are liquefaction and
seismic constraints.
22. The following note shall be placed on the final map: 'Constraints
affecting this property are shown on the accompanying Environmental
Constraints Sheet, the ort91nal of which is on file' at the office of the
; Riverside County Surveyor.' .... '~
.... ~ ,: ~.;~, ~ ~-i ..' ;'i;'.:/: .~; !.:" ~11!': :i.~.i :' ;'..~ ' ': ~'~: ~ ~'~"':.' ....'
· ~"L ,,~.~'C~'~, ' " "-~74~:;~.'. '-
:~3. ertor,~:;:':"tO':..:~ the'..issuance 'of grading periits; ithe.'.appilcant ~,11 ....e'~'~"'
compl y'~-:;::;' '
with Ordinance No. 663 by paying the fee required by that ordinance.
Should Ordinance No. 663 be superceded by the provisions of a Habitat
Conservation Plan prior to the payment of the fees required .by Ordinance
No. 663, the applicant shall PaY the fee required under the Habitat ,-.
Conservation Plan as implemented by County ordinance or resolution.
~4. The.subdtvtder and all.. successors in interest shall eraply with the?!:".'~,~!-
provisions of Oevelopaent Agreement No. 3 'and Specific Plan No. 180. -'~:'
1TdITATZVE p/LI~CEL NAP II0. ~3624, N~IIOED II0. 1
Conditions of ~oproval
Page 4
PILIOR TO ~ ZSSUANCE ~F' &RAOZlIG P~TS:
27. Prior to-'the issuance of grading permits, a qualified. paleontologist
shall be retained by the developer 'for consultation .'and con~nent on the..
'proposed '. grading 'with. respect to potential paleontologlcal impacts.'
Should the paleontologist find the potential is high for impact to
significant resources, a pre-grade meeting between the paleontologist
and the excavation and grading contractor shall be arranged. When
necessary, the paleontologist or representative shall have the authority
to te~orartly divert, redirect or halt grading activity to allow
recovery of fosstls.
KED: aea
2-28-89
LeRoy D. Smoot
I~OAD CO~Ir,.$1ONIrR · COUN?Y $URV~YOI
Riverside ¢ount..v Planning Commission
4080 Lem~on Street
Riverside, CA g250!
OFFICE OF ROAD CO.4.~I$SlO%'ER ~ COL.%'TY SLRVEYOR
August 10, 1988
Re: Parcel Hap 23624 - Amend #!
Schedule E - Team I
Ladies and' Gentlemen:
With respect to the conditions of approval for the referenced tentative land
dtvision map, the Road Department recommends that the landdivider provide the
following street improvement plans and/or road dedications in accordance with
Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 46l).
It is understood that the tentative map correctly shows acceptable centerline
profiles, all existing easements, traveled ways, and drainage courses with
appropriate Q's, and that their o~Ission or unacceptability may require the map
to be resubmitted for further consideration. These Ordinances and the following
conditions are essential parts and a requirement occurring in ONE is as binding
as though occurring in a11. They are Intended to be complementary and to
describe the conditions for~ a complete design of the .improvement.. All questions.
regarding the true meaning ofithe conditions shall be referred to.'the Ro~d"
Con~nissioner's Office. '-
The landdivider shall protect dovnstmam properties from damages
caused by alteration of the drainage patterns, t.e., concentra-
tion of diversion of flow. Protection shall be provided bx
constructing adequate drainage facilities including enlarging
existing facilities or by securing a drainage easement or by
both.. A11.dratnagei~easements shall be sho~n on the finalmp' ..
andnoted:as',follo~s;i.~ 'Drainage Easement - no building,
obstructions ,~ or~e~.~.~r~.~.. Chments: by '. 1 and. f t 11 $ are: al] i'Dwed ~?
protectiDa .shal 1~ ;.~a~':'approved by'the .Road' De'per;: .true. ~t~!.~,:~:~.:.i:-.i':i.
The landdivider shallaccept and properly dispose of all offsite
drainage flowing onto or through the site. [n the event the
Road Co~atsstoner permits the use of streets for drainage
purposes;~the provisions of Article X! of Ordinance No. 460
~ill apply. Should the quantities exceed the street
capacity.or theuse~of Streets be prohibited for drainage,
purposes;~.the:subdlvider shall provide adequate drainage'
facilities a$"'approYedby the Road Department.
Parcel Rap 23624 ~ Amend
August 10, 1988
Page 2
3. Major drainage is involved on this landdivision and its resolution
shall be as approved by the Road Department.
4. "A" Street shall be improved within the dedicated Fight. of way. in
.'accordance with .County Standard No. 11I,' Section A." (56'/78'}..''
5. The landdivider shall comply with the Caltrans reconmmndations as
outlined in their letter dated_Ju_lv 5 lgR~ (a copy of which is
attahced), prior to the recordation-of'the final map.
The landdivider shall provide utility clearance from Rancho Calif.
Water District prior to the recordation of the final map.
A copy of the' final map shall be' submitted 'to Caltrans', District 08,
Post Office Box 231, San Bernardino, California 92403; Attention:
P~-oJect Development for review and approval prior to recordation.
8. The minimum centerline radii shall be 550' or as approved by the
Road Department.
9. Rancho Colif. Road shall be improved with concrete curb and gutter
located 43' from centerline and match up asphalt concrete paving;
reconstruction; or resurfaclng of existing paving as determined by
the Road Commissioner within a 55 foot half width dedicated right
,....~of.wmy.)n accordance with County Standard No. lO0.'
10.
Ynez Road shall be improved with concrete curb and-gytter
located 38' from centerline and match up asphalt concrete paving;
reconstructions or resurfactng of existing paving as determined by
the Road Commissioner within a SO foot half width dedicated right
of way in'accordance with County Standard No.
All driveways shall conform to the applicable Riverside County
Standards..
When blockwalls are~.required,.to,be~,.constructed on top of slope,'~ia.
debris ratenil on'. wal 1 shal 1 be'"COnstructed at,,. the st'feet' r
F,':,".Way 1the.to prevent':stlttng of 'sidewalks as approved by the
Caemtssloner.
Concrete sidewalks shall be constructed throughout the landdivision
In'accoklance with County Standard No. 400 and 40! (curb sidewalk).
Parcel Map 23624 - Amena ~1
August 10, 1988
gage 3
14. Prior to the recordation of the final map, the developer shall
deposit with the Rivers)de County Road Department, a cash sum of
$2,500 per gross acre as mitigation for traffic signal impacts.
: Should the-developer choose to defer the time of payment, he may
enter into a'written agreement with.the .County deferring said
payment to the time of issuance of a building permit.
15.
Improvenent plans shall be based upon a centerline profile extending
a ~inimum of 300 feet beyond the project boundaries at a grade and
alignment as approved by the Riverside County Road Con~nissioner.
Completion of road improvements does not Imply acceptance for
maintenance by County.
Oectrica) and communlcation's trenches shall be'provided in
accordance with Ordinance 461, Standard 817.
17.
Asphalttc emulsion (fog seal) shall be applied not less than
fourteen days following place~nt of the asphalt surfacing and shall
be applied at a rate of 0.05 gallon per square yard. Asphalt
e~lston shall confom to Sections 37, 3g and 94 of the State
Standard Specifications.
18. Corner cutbacks in conformance with County Standard No. 805 shall
be shown on the final nmp and offered for dedication.
19. Lot access shall'be restricted On"Ra~c~ Caltf. Road and Ynez Road
and so noted on the final mp
20. Lmnddtvislons creating cut or fill slopes adjacent ~o the streets
shall provide erosion control, sight distance control and slope
easements as approved by the Road Deparlanent.
21. All centerline intersections shall be at gO* with a minimum S0'
tangent ~asu.~red~ frommflow line.
~.'~ ' The street~deS~Jg~end,.iimprovemnt ~ concept 'of.~,th t s p~oJ act Shall be'
23. Street lighting shall be required in accordance with Ordinance 460
and 461 throughout the subdivision. The County Se~vtce Area (CSA)
Administrators determines whether this proposal quelllies under an ,
existing assessment district or not. if not, the lmnd owner' shall
Pa,:cel :.lap 23624 - Amend
August 10, 1988
F ~.-:je 4
24.
25.
26.
file an application with LAFCO for annexation into or creation of
a 'Lighting Assessment District" in accordance with Governmental
Code Section 56000.
All private and public entrances and/or intersections opposite this
project shall be coordinated with this project and shown on the
street improvement plans~.
A striping plan is required for Rancho Calif. Road & Ynez Road. The
removal of the existing striping shall be the responsibility of the
applicant. Traffic signing and ~triping shall be done by County
forces with all incurred costs borne by the applicant.
Prior to recordation of the final map, the existing driveway
located on the east side of Ynez Road approximately 80' south of
the centerline of the proposed 'A" Street shall be relocated
coincident to the centerline of 'A' Street or shall be closed as
approved by the Road Co~tssioner.
Very truly yours,
?
~
'6us Hughes
Road Division Engineer
R.C. NCI. E, B.¥il., M P.#.
RIVERSIDE COUNTY PLANNING DEPT.
4080 Lemon Street
Riverside. CA 92502
ATTN: Ron Goldman
RIVERSIDE COUNTY
PLANt, lING DEPARTt~IENT
RE; PARCEL MAP 23624: Parcel .1 of Parcel .Map 22708 as shown
by map on file in Book 149 Page 20 and 21 of Parcel Maps.
Records of Riverside County California, also in the Temecula
Rancho and in Section 1 and 12. TSS.. RJW.. S.B.M.
(3 Lots)
mlJL?N
.,d. TTIM
~ll MO~T# J~OAOIi¥
BLY"It~. C;A SZ~2S
C(~O~&. CA 11720
II~11,T
88D JdO~TO~ STATE ST.
STREET
Gentlemen:
The Department of Public Health has reviewed Tentative Map
No. 23624 and recommends that:
A water system shall be installed according to
plans-and specification as approved by the water
cSmpany and the Health Department. Permanent
prints of the plans of the water system shall
be submitted in triplicate, with a minimum scale
not less than one inch equals 200 feet, along with
the original dr&win9 to the County Surveyor. The
prints shall show the internal pipe diameter.
location of valves and fire hydrants; pipe and
joint specifications, and the size of the main
at the junction of the new system to the
existing-system The plans/shall comply in
all respects:.withrDi~':::.5'~::jHA'rt'l, Chapter ? of
the'California. Health And:SAfety Code, California
~chninistr&tive Code, Title. 22, Chapter 16, and General
Order No. 103 of the Public Utilities Commission of the
State of California, when applicable.
'3'
Riverside County Planning Dept.
Paoe Two
Attn: Ron Goldman
January 5, 1989
The plans shall be signed by a registered engineer and
water company with the following certification:
certify that the design of the water system in Parcel
Map 23624 is accordance with the water system expansion
plans of the Rancho California Water District
and that the water service,storage and distribution
system will be adequate to provide water service to
such parcel. This certification does not constitute a
guarantee that it will supply water to such parcel at
any specific quantities. flows or pressures for fire
prot'eCtion or'any other purpose" This certification
shall be signed by & responsible official of the water
company. The ~lans must be submitted to the County_
Surveyor's Office to review at least two week§_~f!or to
the reouest for the recordation of the final man.
This Department has a statement from Rancho California
Water District agreeing to serve domestic water to each and
every lot in the subdivision on demand providing
satisfactory financial arrangements are completed with the
subdivider. It will be necessary for the financial
arrangements to be made prior to the recordation of the
final map.
This Department has a statement from the Eastern Municipal
Water District agreeing to allow the subdivision sewage
system to be connected to the sewers of the District. The
sewer system shall be installed according to plans'and
specifications as approved by the District, the County
Surveyor and the Health Department. Permanent prints of the
plans of the sewer system shall be submitted in triplicate.
along with the original drawing, to the County'Survey0r..]<The
prints!i.~shall:~show.,theii'in[~rnal,pipe diameter~';,location~'of'. ..
'and the size of.:,'ih'b'"~'~"we'rs'~'at< the ii~unc'tion
to the existing'system: ~;A singte; plat" indicating' 1'6~(i0~';,. ~ '
of sewer lines and'water' lines' shall be a portion of the ,
sewage plans and profiles.,
The plans shall be signed by a registered engineer and'the
sewer district with the,following certification: "I certify
that the'design of'the sewer.'system in Parcel Map 23624 is
in '~ccordance with'the sewer system expansion plans of'the
Eastern Municipal Water District and that the waste disposal
system is adequate at this time to treat the anticipated
vastes from the proposed parcel."
Riverslde County Plannlng Dept.
Paoe Three
Attn: Ron Goldman
January 5. 1989
7'he ~E~ans must be submitted to the County Surveyor's Off3ce
to rev3ew at least two weeks_Erior to the request for the
recordation of the flnal maE.
It wlll be necessary for flnancial arrangements to be
completely flnallzed prlor to recordation of the f~nal map.
i~~~~~m M~terry' '
· . ~tarian
~_nvironmenta] Health Services
SM:tac
KENNETH I.. EDWARDS
CNle~F m'NG I N~I~R
! I'l,I IWAMKE'T ITR[Ir?
P.O. BOX !0~3
'TI'J.~'PNON[ (714) 717-2OI 5
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
Riverside County
Planning Department
County Administrative Center
Riverside, California
Attention: Regional Team No. ~.~
G¢¢') ~T Re:
We have reviewed this case and have the fo]]owing comments:
Except for nuisance nature local runoff which may traverse portions of the
property the project is considered free from ordinary storm flood hazard.
However, a storm of unusual magnitude could cause some damage. New construc-
tion should comply with all applicable ordinances.
The topography of the area consists of well defined ridges and natural water-
courses which traverse the property. There is adequate area outside of the
natural watercourses for building sites. The natural watercourses should be
kept free of buildings and obstructions in order to maintain the natural
drainage patterns of the area and to prevent flood damage to new buildings.
A note should be placed on an environmental constraint sheet stating, 'All new
buildings shall be floodproofed by elevating the finished floors a minimum of
18 inches above adjacent. ground surface. Erosion protectionsshall be provided,
for mobile home supports.'
This project is in the Area
drainage plan fees shall be paid in accordance with the applicable r~les and
regulations.
The proposed zoning is consistent with existing flood hazards. Some flood
control facilities'or' floodproofing may be required to fully develop?.to the
tmpl led density. '.'::!,~;:i.?.,.~;~ ',:,~.,~',.,: ::':i, ,' ,,'
The Dtstrtct's..,~rep0~t~,:'dated::"'~J~v~T,-/[qbf) is sttll current: or.:thts,;pro3ect.
The Distrtct:does':not~:bb~ect'to':the ~proposed minor change.
The attached comments. apply.
Very truly yours,
KENNETH L. EDWARDS
C~ie~ Engineer(, ".
/~OHN H. KASHUB
$enior Civil Engineer
DATE: A,..~ ~ (~0
KE:NN~'rH L- £DWARDS
C:H Ilqr !:NGINE:IrR
leeII klARKL~T ITRI'£T
TTA-I'PHONr (714) 787.2015
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
RI¥£RIUD£. CALIF'OlIINIX 1250~.
Riverside County
Planning Department
County Administrative Center
Riverside, California
Attention:
Area:
Regional Team No. !
-1-c~c~lA V, Ile&~~N~I
We have reviewed this case and have the following cor~ents:
Except for nuisance nature local runoff which may traverse portions of the
property the project is considered free from ordinary storm flood hazard.
However, a 'storm of unusual magnitude could cause some damage. New construc-
tion should comply with all applicable ordinances.
The topography of the area consists of well defined ridges and natural water-
courses which traverse the property. There is adequate area outside of the
natural watercourses for building sites. The natural watercourses should be
kept free of buildings and obstructions in order to maintain the natural
drainage patterns of the area and to prevent flood damage to new buildings.
A note should be placed on an environmental constraint sheet stating, 'All new
buildings_shall be floodproofed by elevating the finished floors a minimum of
]B inches~'above'adjacent ground surface. Erosion protection shall be provided
for mobile home supports.'
This project is in the Mwrrie-E,, C.,:ck/'~,,~.1~ V~lley A. ~. P.. Area
drainage plan fees shall be paid in accordance with the applicable rules and
regulations.
The proposed zoning is consistent with existing flood hazards. Some flood
control.facilities or floodproofing may be required to ·fully develop to the
tmpl ted;,~denstty,.: . .-:. . ~':~ :'
"-i:i: The'(ot's't'r.~'Ct?~:.'r~po~t dated ' ~'tS'!st"tll' current' for this project';;.?;
The Dtstrtct does not object to the proposed Binor change.
The ~ttached Comments apply.
cc: NB /Lo ,-7 .
Very truly yours,
KENNETH L. El)WARDS
'Ct vKA~U~nAgtneer
DATE:
Rc
A 21W :
I~E:
PLANNING D~PA.R~MENT
~TAM I - GP~G NEAL
PM 2562¢ - K~D~D fl
RIVERSIDE COUNTY
FIRE DEPARTMENT
IN GOOPERATION WiTH THE
GALJFORNIA DEPAFCVMENT OF FOF~STRY
RAY HEBRARD
FIRE CHIEF
* JUL 26 1988
RIVErsiDE COUNTY
PLANNING DEPARTMENT
Pl,,,rmi~ & F.t~inecring Office
4080 l.,emm'~ Street, Suite l !
i~Jvenid~, CA 92501
(714) 787-6606
With respect to the conditions of approval for the above referenced land division,
the Pire ~epartment recommends the foZZowing fire protection measures be provided
in accordance with ~iverside County Ordinances and/or recognized fire protection
standards:
PROTECTION
~he water main~ s~'~zZ! be eapabZe of providinE a potentiaZ fire flow of $000 GPM
and an ac~Z fire f~o~ a~a~e fro~ any one hFdrant sh~ZZ be 2500 GPM for 2
hours d~ation at 20 PSI residu~Z operatin£ pressure.
Approved s~er fire hydrants, (~"z4"z2~z2~) eha~Z be Zoeated at each
intosea,on ~ spa~ ~t more ~n $$0 feet ~t in ~ direction, ~th
no potion of anF Zot ~ron~e more, ~ .~ feet ~ a fire
~e ~pZie~t/deueZop~ s~ZZ provide ~t~ eertifiea~on ~ ~ ~prop~ate
water ~an~ t~t t~ req~red fire ~~ ~e eit~r e~stin9 or
fi~aZ ~a~en~ ~e been m~e to p~vide
A~Zio~t/deveZ~er $~ZZ f~i~h ~e oop~ of ~ water ~t~ p~ ~ the Fire
DepoSit for r~i~. PZ~ $~ZZ oonfo~ to fire ~t ~pe~ Zoca~on
$pa~, ~ t~ ~ ~ mee~ t~ fire ~ req~r~ent~. P~ ~ZZ be
~ ~oZ~w eertif~on: :"I eer~.i~' .~t ~ de~ of ~e water
,..-.,.. , . , . ;. ,¢-.; . , ,/.;, ,;~, .. ....
· ' ~O~D ~. ~I5
~ef ?ire ~~t P~ner
Officer
County of Riverside
Planninq - Kim Dittmer
· DATE: 1-24-89
FROM:
RE:
Gradinq - Buildinq and Safety
PM 23624 amd ~1 Condeptual Gradinq Plan
Please make the following a conditoin of approval:
Prior to commencing any grading in excess of 50 cubic yards, the applicant
shall obtain a grading permit and approval to construct from the Building
and Safety Department.
Prior. to obtaining. a grading permit, a notarized letter of permission, from
the affected property, for the off-site grading 'will be required~ Since some
of that off-site is Cal Trans. property,'it could present a difficulty in obtaining
notarized permission. Also required is verification that the underlying grading
is permitted and approved by the Building and Safety Department.
GEN. FORM 4, fi~v. 8/87)
::IiVER3iDE coun .
PLAnnln DEP :I En
March 24, 1988 (Revised June 30, 1988)
· Converse Consultants Pasadena
67 West'Bellevue Drive, Suite A
Pasadena, CA 91105-2501
Attention: Mr. Oavtd B. Simon
Mr. Howard A. Spell man, Jr.
SUBJECT:
Alquist-Priolo Special Studies Zone
CCP Project No. 87-31-344-01
Tentative Parcel Map 23624
Plot Plan No.' 10579
County Geologic Report No. 476
Rancho California Area
Gentlemen:
We have reviewed your report entitled, "Fault Investiga%.ion, County Assessors
Parcel No. g23-D20-038, West Twin Lakes Area, "C-11," Portion of Tentative
Parcel Map 22708, "Rancho Highland" Tentative Tract 21760, Rancho California,
CA", dated December 28, 1987,.and youK.rp)Po.n)e, letter dated March 15, 1988.
Your report' determined that:"" :../~ ... .~;.
1. No active faults or extensions of active faults are known to pass
through the property; however, the extension of the active trace of the
Wildomar fault is projected to within five feet of the easterly
property line, as shown on the Site Plan and Geologic Map, Drawing 1.
2. Seven northwest-trending aerial photographic lineaments were observed
within the'central and southern portions of the Rancho Highlands area.
These lineaments.were not'observed projecting through the site.
"3*:The.seismic;l;charact~r~stics of the~ildomar branch*of ther£1Sinore
'fault"areas follow~'-~'*'
Maximum Credi'ble Earthquake - 7.5 Richter magnitude
Maximum Peak Ground Acceleration - 0.63g
Duration of Strong Shaking - 25-35 seconds
.4. The potential for the. secondary seismic hazards of liquefaction,
';.~.' differential compaction,-landsliding, earthquake-induced flooding,
.. seiches,.~itsunamis and.ground lurching are judged low'to nil for the
subject site. '
4080 LEMON STREET. g:" FLOOR
R~VEIqSIDE. CALIFORNIA 92501
(?14~
46-209 OASIS STREET. ROOM 30,4
II~DIO. CALIFORNIA 92201
~6~.q, 342 ~277
Converse Consultants Pasadena - Z - ~rch ZS, I988
Your report reco~ended that:
1. A 50 foot building setback be established to the west of the projected
active tract of the Wildomar fault as shown on Drawings I and 2 in your
report,· ...
2. A soil and foundation engineering investiga'ti0~ ~hould ~e'c0nducted
prior to finaltzation of the development plans.
It is our opinion that Me report was prepared in a competent manner consistent
with the present 'stat~of-the-art' and satisfies the requtr~nts of the
A)quist-Prlolo Special Studies Zones Act and the associated Riverside County
Ordinance No, $47, Final approval of thls report Is hereby given,
We rec0mnend that. the'following conditions.be satisfied before recordation of
the final map or issuance of any ~ermits associated with this project:
I, The 'Fault Setback Zone' shown on Drawing 1, Geologic Map of your
report shall be delineated on the Environmental Constraints Sheet
{E.C.S.), and the area in between the setback zone shall be labeled
'Fault Hazard Area."
note shall be placed on the E.C.S. stating:
'This property is affected by earthquake faulting. Structures for
human occupancy shall not be allowed in the Fault Hazard Area. This
constraint affects parcels ! and 2."
3. Notes shall be placed on the final land division map stating:
'This property is affected by earthquake faulting. Structures for
human occupancy shall not be allowed in the Fault Hazard Area."
(b) "County Geologic Report No, 476 was prepared for this property on
December 28, 1987 by Converse Consultants, and is on file at the
Riverside County Planning Department,. Specific items of concern
~. are'as. follows: earthquake faultSrig, seismic design of
structures, and uncompacted trench ba6kfillJ'
A copy of the Final Map and Environmental Constraints Sheet shall be
submitted ~ the Planning OepartJnent Engineering Geologist for review
and approval,
:IiVER iDF. COUll;.u
PLAnn;nc D;PAR;Iil;R;
C~nverse Consultants Pasadena
67 West Bellevue Drive, Suite A
Pasadena, CA 91105-2501
Attention':-. Mr.. Leona~d'.T::Evans, Jr."
Mr:'Howard A. Spellman, Jr.
t4arch 24, 1988 (Revised June 29, 1985)
Gentlemen:
SUBJECT
Liquefaction Hazard
CCP Project No. 87-31-344-01
Tentative Parcel )lap 23624
Plot Plan No. 10579
County Geologic Report No. 476L
Rancho California Area,
We have reviewed your report entitled "Liquefaction Investigation, West Twin
Lakes Area "C-11," Rancho California, CA," dated November 23, 1987.
Your report determined that the soils at this site are not considered ·
liquefiable. This is primarily because of the moderately high clay content of
the clayey sand soils on the site. This determination was based upon your
analysis of SPT and'CPT data accumulated on the site, two levels of peak ground
acceleration {a. o.63 for the maximum. credible earthquake on ~the Wildomar
branch of the Elsinore fault, b. 0.29g'for a 100-year design life.) and
groundwater levels at both~existing'levels and a projected rise to the ~earby
lake level.
mitigation measures were recommended.
SAK:pa
It is our opinion that the report was prepared in a competent manner and
satisfies the requirement for a geologic report assessing liquefaction hazards
as required in the Riverside County Comprehensive General Plan. Final approval
of your report is hereby given.
'"~' .~ ~- :.::i ":'?'": .: '"','~-i-~i','~ !". :" ' ~. ~ ,. · "~ -. :...-"/'":. ..
· . .... Roger,~. Streete/,/~anni~ Director
. ,,. >.... :(".:.:.... ':::..."..L.,. , Steven A.' .Kopfe~// ,:....~ : ",::' :'
4080 LEMON STREET. 9"' FLOOR
RIVERSIDE. CALIFORNIA 92501
,,7 ~ a) 787-6181
46-209 OASIS STYEEl. ROOM :fO-'~
INDIO. CALIFORN!:, H'-'~",., !
~ ~ '.t: .".,: :: :':.' ,' .'
Converse Consultants Pasadena - 3 - ~rch 25, 1988
The recon~nendations made in this report shall be adhered to in the design and
construction of this project.
SAK:sa
CoCo
Very truly yours,
'"' RIVERSIDE CouNTY~.LA~NING DEwPARTHENT-
,oge r~eete~~~~' 1 any Director
Steven A. Kupfermt~n-/
Engineering Geolj~l~i~t
CEG~1205
Herron & Rumonsoff - Architects
Csaba Ko, Rancho Calif. Der. Co.
Roy Schlemon
Earl Hart, CDMG
Norm Lostbom, Building and Safety
Greg Neal - Team !
~I'AT~ OF C. ALIFC~NIA--~U$1~FS5. TRA~PO~TATIC~I A~ ~
DEPARTMENT OF TRANSPORTATION
~1~ I. P.O. ~x 231
~N ~N~O. ~ ~
GEORC~ I~UKMEJtAN.
July 5, 1988
,., uu.. o ? 1988
RIVERSIDE COUNTY
PLANNING DEPARTMENT
Planning Department
Attention Mr. Greg Neal
County of Riverside
4080 Lemon Street
Riverside., 'CA 92501 "
Dear Mr. Neal:
Development Review
08-Riv-15-4.68/4.98
Your Reference:
· T PM. 2'3'62 4
Thank you for the opportunity to review the proposed Tentative
Parcel Map 2362q located easterly of 1-15 at the southwest corner
of Rancho California Road and Ynez Road in Rancho California.
Please refer to the attached material on which our comments have
been indicated by the items checked and/or by those items noted
under additional comments.
If any work i's necessary ~ithin the state highway right of way,
the developer must obtain an encroachment permit from the Caltrans
District 8 Permit Office prior to beginning work.
If additional information is desired, please call Mr. Patrick M.
Corm ally at (71q) 383-q384.
Very truly yours,
':i. ~ .::'. rjt~i:)OW
District Permits Engineer
Art.
cc.' Lee Johnson, Riverside County Road Department
DEVELO?!~iNT ~ FORM
r Reference)
WE WOULD LIKE TO NOTE:
Although the traffic and drainage generated by this proposal do not appear to have
a significant effect on the state highway system, consideration must be given to
the cu-~lative .effect of continued developrant-in this area. An~ measures.
necessary.'to mitigate' the o-~latl.ve :impact of'traffic. 'and drainage should be
provided prior to or with development of the 'area that necezsitates 'them.
It appears that the traffic and drainage generated by this proposal could have a
significant effect on the state hlg~ay system of the area. Rny measures necessary
to mitigate the traffic and drainage impacts should be included with the
develop-~nt.
This portion of state highway is included in the California Master Plan of State
.Highways Eligible for Official Scenic Highway Designation, and in the future your
agency may. wish to have this route officially designated as a state scenic highway.
This portion of state hig~ay has been officially designated as a state scenic
highway, and development in this corridor should be compatible with the scenic
highway concept.
It is ~ecognized that there is considerable public concern about noise levels
adjacent to heavily traveled highways. Land development, in order to be compatible
with this concern, may require special noise attenuation measures. Development of
property should include any necessary noise attenuation.
Normal right of way dedication to provide- .
half-width on the state hi~ay.
Normal street improvements to provide
half-width on the state hig~ay.
Curb and &utter, b~cate Standard
along the state highway.
Parking be prohibited along the state higJ~ay by painting the curb red
and/or by the.proper placement of "no parking" signs.
]~dard Mheelcbair 'r-? ~__,-~t.be .providedin.the returns, '
A positive~:' :'~:ve~m~:'~barri~':ai"o~ the.pt_operty fronta_g'e be to limit'
physical a~eeas to the state highway. (~.~:. ~ provided
Vehicular access ~ot be develope~ directly to the state higl~ray.
driveways.
Vehicular aooe~ to the state higl~ay be provided by existing public road
standard
Vehicular access shall not be provided within
of the intersection at
Vehicular access to the state highway be provided by a road-type connection.
'Fore 8-PD19 (Rev. 5/87) (Continued on reverse)
Vehicular access connections be paved at least within the state highway right of
way.
Access points to the state highway be developed in a manner th~.t will provide sight
distance for mph along the state highway.
Landscaping along the state highway be lo~ and forgiving in nature.
A left-turn lane, including any necessary widening, be provided on the state
Consideration .be given to the prov~lo.n,~~re~gvisi~n, of
the ~te ~y. *" *. '
A treE, e/study indicating on- and off-site fl~ patte~s and vol~s, probable
i~cts, and pro~ ~tigation ~asures be pre~r~.
A~equate off-street parking, which does not require backing onto the state highway,
be provided.
Parking lot be developed in a manner t~t will not cause any vehicular movement
conflict's; including parking stall entrance and exit, within of the "
entrance from the state highway.
Handicap parking not be developed in the busy driveway entrance area.
Care be taken when developing this property to preserve and perpetuate the existing
drainage pattern of the state highway. Particular consideration should be given to
cumulative increased storm runoff to insure that a highway drainage problem is not
created.
"
: A ~op7 of any conditions of approval or revised approval.
Any necessary noise attenuation be provided as part of the development of this
proper~y.
Please refer to attached additional c~m~ents.
~opy of any doc~m~ts .providing additional state highway right of way upon
· reco~ation of the ~ap.
LIKE THE OP~ TO REVI~ DURXM~ THE APPBOVAL PROCE~:
A copy of the'traffic or enviror~ental study, if required.
A check print of the Parcel or Tract Map, if required.
A check print of the Plans for any 4_mprov~nts within the state highway right of
way, if required.
A check print of the Grading and Drainage Plans for this property ~hen available.
OIr RIVT. ASID[ i:)rb, PAKI'I!:NT oIr I, rr.J
~ DIVISICI( ~
,4
RE: SUBDIVISION NO.
PARCEL MAP NO. ? .~~
HOBILEHOKE, T.T., R.V. PARK
PARCELS/LOTS 5 ~..
·. 'HAP SOiEDULE
THE COUN'P/ OF RIVERSIDE DEPARTNENT OF !!EALTIt HEREWITH APPROVES:
DO!~STIC SEWAGE DISPOSAL FOR T1~ INDIVIDUAL LOTS OF THIS SUBDIVISION,
ETC. BY HF.~IS OF:
PARCEL
ii:11'TIC TAI~ 11114: . t01!l II~iBILIW IT, ST II1'
I. Lr. Ao( LI!(I IITI,,I
tO0 GIJ.. oIr IrjI, TIC TANC CAP)CITY.
1. Kr.J,AGI: pl~ IITH OALIIe. FT. IDAY. OR
~I.A'T. I,'r. Is' DIA, I. VlWT. IT.
~ IO0 GAZ..S. Of' SIPTIC TAi, IC CAPACITY.
KIhlJd DI:II'TId 9 Si::rbJ~A~: PI~ .
D!~ irIS:RS K I INSTA3.LI:D IrON THII I,N~ICT
{GC II.I K Xll W
(1' DIA.)
e
DO!~STIC I~TER
aamco ,N ~R,TmG TO ~um~m Da4ST~C ~AT~ TO ~ Ne ~ ~OT
NO ~TI:R I'YITI)I lB Iq~ll~ I~ TI'111 ~ OlVlll~
J~ C, ~ D, OTI'I:R
REGION: ' APPROVAl., LETTER, DATED
4. ~"' ,'-'.'..~: .. ' "-'L'~!~
ZFOP. ZA GZ0N U.qu^ .z'rv CON'toOL.
IUI)lV!$iOl'ql.|
xm'R~JTl~: wHrr~ ~alvlca 4. ~.~4q~ PI~.~ Qua~ C~,and Beam
DC}H-S.a,X-OSS fRev. 11/843
· '-Riverside. County -'Planning 'Depart~,,...~TDt
4080'Lemon Street, 9th Floor
Riverside, California 92501-3657
Subject: Water Availability
Reference: Co,,.~ercial Parcel Map 23624
Gentlemen:
Please be advised that the above-referenced
proper~:y is located within the boundaries of Rancho
California Water District. Water service, therefore,
would be available upon completion of financial
arrangements between RCWD and the property owner.
Water availability would be contingent upon the
property owner signing an Agency Agreement which
assigns water management rights, if any, to RCWD.
If you have any questions, please contact Senga
Doherty at (714) 676-4101.
Officers:
Start T.
Ge~.ml Manager
p~lllip L. Forbes
Di~cwr of Finance -
No~ L. Tbom~
~r ~ ~o~
& M~~
M~&~~ '
· "'Fo12/J kw19'4'f '
Very truly yours,
RANCHO CALIFORNIA WATER DISTRICT
Bob Lemons
Design.Engineering Manager/.
RANCHO CALI FORN I'A WATER DISTRICT
28061 DIAZ ROAD · POST OFFICE BOX 174 · TEMECULA, CA 92390-0174 · {714) 676-4101 · FAX (714) 676-061
RiVERSiDE county
PLAnninG DEPARQ IErlC
APPLICATION FOR LAND USE AND DEVELOPMENT
DATE:
5-16-88
~ CHANGE OF ZONE NO.
r~ CONDITIONAL USE
PERMIT NO.
~ PARCEL MAP NO..
~'PLOT~L~N NO. · '
PUBLIC USE PERMIT NO.
TRACT MAP 'O.
O TEMPORARY USE PERMIT
23624
.. - . [3 VARIANCE NO. ' 'Jl~i~'~8'
RIVER$1UE COUNTY
INCOMPLETE APPLICATIONS WILl. NOT BE ACCEPTED. PLANNING DEPARTMENT
AIN~LICANT INFORMATION
1. ADphcant's Name:
Mailing Adclress:
Telephone NO.:
2. Ow~?s'Name:
RANCHO CALIFORNIA DEVELOPMENT COMPANY
27405 Ynez Road, Rancho California, Ca.
( 714 ) 676-5641 (S&m.-SD.m.)
KAISER DEVELOPMENT COMPANY
27405 Ynez Road, Rancho California, Ca.
92390
92390
Mailing Adclress: S,,E[~ coy
Telephone No.: ( 714 ) 676-5641 (8&m.-51~m.)
3. Remesentative: NBS/LOWR¥ INC.
27403 Ynez Road, Suite 209, Rancho California, Ca 923
Telephone No.: ( 714 ) 676--6225 (S a.m.- S p.m.)
NOTE :If more than one person is involved in the ownership of the property being cleveloDed a separate page must be
attache~ to this application which lists the names and aclclresses of all persons having an interest sn the ownership of
the property.
B. · FIK)JECTINFORMATION ' " :" .
1. Purpose of Request (describe project): (Ordinance 348 ref. no.)
Commercial Parcel Map for Land Development
2. ReLated ca,es filed in conjunction with this request:
S.P. 180 E.I.R. 177
C. I~O!~RIT INFORMATION
I. As&e~so?sParcelNo(s). .923-020-043
2. General Iocltk~n (sti, eet address. etc.)
Southwest Corner of Rancho California Road and Ynez Road.. .
· 3, Secllo~ '"'"" ~ ': Township' 8 SOuth Range 3 West
4. A,olwoximlteGro~Acmage: 37 Acres Z
5. Legal (:leacription Igh~ exact legal delcri~io~ I~ reCOrded in the Offioe ol the County Recorder). May be attached.
See Attached
6. T~omms Brot~ec~ Pege No. and Coordinates: -- : / /
SIGNATURE OF APPLICANT ~ ,A,T~,Y I~'L' % / DATE May 16, 1988
Authonly fo~ thi~ alx)ii~tion is hereby given:
SIGNATURE OF PROPERTY OWNER~)/~ Gregory~A c:l~t~^u~,o~r~ u~v~ A~c
Area Manager, Commercial
4080 LEMON STREET, g'" FLOOR
RIVERSIDE, CALIFORNIA 92501'3657
(714) 787'6181
46'209 OASIS STREET, ROOM 304
INDIO, CALIFORNIA 92201
(619) 342'8277
REQUIRED PROPERTY OWNERS NOTIFICATION INFORMATION
APPLICA'F]ONS FOR:
PARCEL MAPS 18.30 PLOT PLANS Reclulrin; Environmental
TRACTS Assessments (Multifaro ly.Commerc~a .
ZONE CHANGES Industrl·l)
CONDITIONAL USE PERMITS VARIANCES
PUBLIC USE PERMITS TEMPORARY USE PERMITS
WIND ENERGY CONVERSION SYSTEM
The iC~lo~inG items ~ill'be ;'eclqi're~ at the t,me of tiling of the ·bove not·cS casa
1. 'TWO ident"~..al I~lck,lg'es to I~ ir~sartecI in sapIrate- 9%" X 12~h"'l~lhila.envelol:)e~.Thesa any·loDes shall incise'ate the case
nur~,er ·ncl the v~:)rd 'll~be16.' ·rid ·hall cont·in the following:
· , .l~.e. ~ tyl:)e(~ .-let .of. gummed labels ShOwcaSing III the Drol:)erty owrte f~ ' names · nd t he mailing ·d0resses t hat a re w~ ~,r~ a
: "-30~4oot radius of'the ~xterior of their I)rOI)osecl I~o~"Ct {this hat ·hall be ·scertwnecl !tom the I·Sl e(3uauze~
Assessment roll.)
b. A DhotocoDy of the ·fo~ementioned labels.
C. One label for the &pphc. lnt/engineer. r.
d. One label for the owner.
e. FOR I.,I, ND DIVISION C&$ES ONLY: An 81/~" X 1 1" reduction of the tentative maD.
2 Four ty13ed sets ol gummed labels of the ·l:~:)hcant. ow~er,engineer.·nd rel~'esamat,ve w,th their mailing actdresses Do not
inclu~e dUDl~.ate sat· where &pphcant ·nd owner.etc.·re the same .These should
stal:~ed to the out·/~e of o~e of the langemanila any·loire· mentiohed in item 1 above.-
3. Certit~cation bythe title company.engineer.or surveyor that the above hat i· complete and ·ccur·te.The T·x Assessor ~ Ofi~ce
will ~ot I~el~re o~ ceftin/the prOperty. Owner list ~ee certification fom~ below).
4. On · col~/o~ your exhibit o~ tentative mad show ~11 ~rcels within 300feet. On the maD.Drint the names of all DroDe~ly Owners
w~thm 30Of·at &$ they are I~ted on the gummed labels.
The above noted information may be obtained by contacting · title insurance company in the R~ver~ide County area.
J~ROPERTY OWNERS CERTIFICATION,
NAME:
TITLE/REGISTRATION:
ADDRESS:
PHONE:
SIGNATURE:
DATE:
CASE NO.
F.,A NO.
STAFF USE ONLY
ENWRONMENTAL INFORMATION FORM
Please coml:~ete Parts I and II of this form end provide WI of the a~k:litm~tal materials re~tue~ted in Part III. Failure to do so may
~elay the review and process of your prolect. If you are unable to Ixov~e the info~mat~on, or you need assistance. please fee~
free to co, tact the P~anning De~arlment ·t (714) 787-6418.
PART I: General Information
1. What ~s the Total Acreage involved? 3 6, ?
2. Is there a previous al:~lication filed for the ssme site? YES ~ NO
If 'Yes,' provide Case Number. Also promde the Environmental AMassment Numt~r. if know~ and En¥ironmentat Impact
Rel:x:~ Number. if applicable.
CASE NO. S · ~. ].80 (Parcel MaD'Zone Change etc.) '
E.A, NO. I~ Known), EIR NO. 1_ 77
3. A0dmonal comments you may wish to ·Upl~y regarding your fxoject. (Attach ·n ·Oditional sheet if necessary ~
PART II: Environmental Que~tionneire
1. Is the I~OjeCt wdhin an AIQuist-Priolo Sl:~',ci·l Studies Zone? YES ~ NO [~
TO Oatermine if your project is located in · Specml Studies Zotte. contac1 the Public Information Sachon. or refer to the
Sl:~;::=al Study Zones Maps available It the Public Information Counter of the Planning Department. If the project ~s w~t h~n a
zone. refer to Ordinance 547.1. or discuss the situation with the County Geologist.
If · fault hazard report is necessary, compete the investigation Ixior to ·iJbmitting your aDplic,~tion an0 prowale 6 cop~es of
'the ~;x:)rt with this lotto. If I waiver of the re~luirements is granta~ ~J'ornit · col:)y of the waiver with this form'
2. IS the I~0lect located within · hnzard.m·n&gement zone or li~lUif·ction ar~.· Is shown On maps of the "Seismic Safety
mens Tecl~nical Report"? YES D NO ·
TO delermine if your Dropact is subject to the geologic hazards noted above you should COnSult the'Seismic Safety & Safety
Element Technical Report" which is available at the Public Iofon~ation Counter of the Planning Department~
If the answer to question e2 is 'Yes,' contact the al:~ropr~ata Geographic Planning Team Section to discuss appropriate
measure to minimize the hazard. InCOrporate any mWgation measures into the I~oject design prior tO submithng the aDDhca-
tio~ ot indicate in the r~oace provk:led below the results of ymJr discussionS with the Planning Team.
3. If you~ i~oject is in the desert area. is it within · biow~nd hazard area? YES E) NO {~
The Planning Offices in Indio and Riverside will i~rovi~e you with information COncerning blow·and hazards. You may also
w~sh to contact the U.S. Soil Conservation Service.
ff ym~'l:~:~ct is subject to blow·and hazards, submit · blow·end control plan with the iI~l~,.ation. (Also refer to Section 14 1
of O~inance 460. if your pro~ect is I ~arcel map or subdivision).
Is water se~ice ·~ilable it the Ixoject site? YES [~ NO E~
If 'No.' how far muSt the water line(s) be extended to provide sewiCe?
Nu~13er of leaf or miles
Furthe~ exit·nation:
5. la ~r ~ervice available at the site? YES I~ NO D
If 'No,' ho~ tar must the water line{s) be extended to provi le sewice?
Number of feet or miles
6. ~ Comments:
PART III: Additionll Minerhis
7he fe4o~ng item· mu~t be ~Jbmitted with this form:
1. At ~ thre~ (3) I~anofamtc pho~ograph· (color ~n~
~ ~ ~ ~ ~ ~ ~e, A~ ~e t~ t~M
I ~ ~t I ~ ~t~ ~ ~i~ in P8~ I ~ II ~ ~ ~ mm ~ e~ ~ to t~ ~st 'of my
~e.
RIVERSIDE COUNTY PLANNING DEPARTMENT
COUNTY ADMINISTRATIVE CENTER, NINTH FLOOR
4080 LEMON STREET
RIVERSIDE, CALIFORNIA 9Z501-3657
Roger S. Streeter, Planning Director
.i PU~L[C HEAR. IIB has 'been "s~heduled'before.. the iq. ANNI#$'.~ISSION to
conSider-the application{s) described below. The.'Planning Department' 'has
tentatively found that the proposed project(s) will have no significant
environmental effect and has tentatively completed negative declaration(s).
The Planning Commission will consider whether or not to adopt the negative
declaration along with the proposed project at this hearing.
Place of Hearing: Board Room, 14th Floor, 4080 Lemon Street, Riverside, CA
Date of Hearing: WEDNESDAY, MARCH 15, 1989
The time of hearing is indicated with each application listed below.
Any person may submit written comments to the Planning Department before the
hearing or may appear and be heard in support of or opposition to the. adoption
of the negative declaration and/or approval of this project at the time of
hearing. If you challenge any of the projects in court, you may be limited to
raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the
Planning Commission at, or prior to, the public hearing. The environmental
finding along with the proposed project application may be viewed at the public
information counter Monday through Friday :from 9:00 a.m. until 4:00 p.m.' ~.,..
COMMERCIAL PARCEL HAP NO. 23624, EA 32864 is an application submitted by Rancho
California Development Co. for property located in the Rancho
California Area and First Supervtsortal District and generally
described as being south of Rancho California Road and east of Ynez
Road which proposes to.divide 37 acres into 3 lots and I rematnde~ lot
· . ' TxIm. E OF'HEARXM$: 1:30 p.m. -
I:'RDPiiETI' OFA~ R~
LYSA DELEON
~AY 11, !988. She attached' R.ropert7 owners
(~onth-day-Te'ar)' · · - ' · ..
~repared by FIleT &~RICA~ TITI~ IN~UIL4RCE CX~PA~ pursuL~t %O
.iS~ ~ I ~mple~e ~d %~e ~ila~ion of ~er of the eubJect ~r~y
~d all o~er ~ro~erty o~e~ ~tn, ~00 feet of ~e ~e~y
further certify that the ~uformatfon flied ~e true.and oorrect to the
,ess of I~' hnow2edre; I understand $hs~ Incorrect or erroneous Information
~T be Wrounds for rejection or denial of the application.
L¥$A DELEON
~T~/
~0,~: (SOS)
IGNATU~:
LTI::
Lqus~oner Service Representative
S625 Fourteenth Street
Riverside. California
T14-187-1130
SEE AT~A(NED
PANCHO CALIF. DEV. CO.
P O ~OX 755
TEMECULA ,CA 92390
921-270-020
PANCHO CALIF. DEV CO.
P O BOX 755
EMECULA ,CA 92390
921-270-021
VILLA HERMOSA
P 0 BOX 577
TEMECULA, CA 92390
923-020-008
LEAF , MARK H.
P O BOX 413
SEDRO WOOLLEY, WA 98284
923-020-009
P 0 BOX 577
TEMEC~LA , CA 92390
923-020-021
BODGE, CLAYTON C.
P O BOX 1207
SAN JUAN CAPISTRANO, CA926/5
923-020-023
RANCHO CALIF. DEV CO.
P 0 BOX 755
TEMECULA, CA 92390
921=270-022
VILLA HERMOSA INV.
P O BOX.577
TEMECULA ,CA 92390
923.-020~010
VILLA HERMOSA INV
P 0 BOX 577
TEMECULA ,CA 92390
923-020-024
PRICE, TED G.
P 0 BOX 577
TEMECULA ,CA 92390
923-020-011
VILLA HERMOSA INV.
P 0 BOX 577
TEMECULA ,CA 92390
923-020-025
RANCHO CALZF'DEV C0.
P O BOX 755
TEMECULA ,CA 92390
921-270-024
BURTON, MICKEY.L.
3836 CALIFORNIA ST.
NORCO, CA 91760
923-020-012
LIEBERMAN, JANE
P 0 BOX 2756
PANCHO SANTA FE ,CA 92067
923-020-014
PRICE, TED G.
P.'O BOX 577
TEMECULA ,CA 92390
923-020-013
MURPHY, ARTHUR B.
P O BOX 479
TEMECULA ,CA ~2390
923-020-015
BODGE, CLAYTON C.
P 0 BOX 1207
SAN JUAN CAPISTRANO ,CA 92t~5
923-020-018-5
LIEBERMAN, JANE
P O BOX 2756
RANCHO SANTA FE ,CA 92675
923-020-022-8 '
JOHNSON, WILLIAM P.
29400 RANCHO CALIF. RD.
TEMECULA ,, CA 92390.
921-320-009//:,-,~ '. '.
IL~.NCaO C!~rl'F.3, 'ASSOC. NO. 2
c/o LA.qDG~A.,'el DEr
11625 ' HIG!tBLUFF ~ 212
SAN DIgCO. ~CA 92130
921-320-010
TM
. ¥! ,,:..
98 [oAt u: ST.'
AIEA B!,~.:96701":2' ' '-'i:? '"
923-020-005'
GREMANIS, JAMES N.
27765 TIERRA VISTA ~D.
TEMECULA :~, CA 92390
923-020-0i6': ,- ":~-:'
.... :,. ;,,-,.~.:;; :, , -,
.. . ~ .:., ~;',.,.;~'~ ...., :
FEDDERSEN? PHYLLIS A~
1225 MINDO DR.
POMONA ,CA 91767
923-020-017
30250
RANCHO CALIFORNIA, CA92390
923-020-019
VILLA HERMOSA
P O BOX 577
TEMECULA ,CA 92390
923-020-026,
ALBERT WARD W.
27403 YNEZ RD ~ 203
TEMECULA ,CA92390
923-020-027
BODIE, CLATTON C.
P 0 BOX 1207
SAN J'dAN CA2ISTRAN0, CA 92675
923-020-028
PRICE, TED G.
P O BOX 577
TEMECULA ,CA 92390
923-020-007
GUND, FRED
17509 ST. ANDREWS DR.
POWAY ,CA 92064
923-O20-020
VILLA HERMOSA INV
P O BOX 577
TEKECULA, CA92390
923-020-029
CALIFORNIA CANADIAN BANK"
700 N. CENTRAL AVE.
GLENDALE, CA 91230 ·
923-020-030
BROOKS, THOMAS HICHEAL
27857 TIERRAVISTA RD.
TEMECULA ,CA t2390
923-020-031
VILLA HERMOSA INV.
1250 6th ST.
SANDIEGO, CA 92101
923-020-032 :
RANCHO CALIF. DEV CO.
? O BOX 755
TEMECULA ,CA 92390
923-020-038
RANCHO CALIF. DEV CO.
P 0 BOX 755
TEMECULA ,CA92390
923-590-005
RiVER3iDE county
PL nnirK; DEP, ::ICl;IEnC
ENVIRONMENTAL ASSESSMENT FORM:
ENVIRONMENTAL ASSESSMENT (E.A.) NUMBER: '~ ~-~{.~./'/
PROJECT CASE TYPE(s) AND NUMBERS(s): ~~c-~-j~
NAME OF PERSON(s) PREPARING 'E~.: ~ cs ~z,~ / '
I. PROJECT INFORMATION
STANDARD EVALUATION
MODULE NUMBER(s):
DESCRIPTION (include propo~.~d ,minimum lot size and uses as applicable):
~..(.,:.. ~,"
B. TO~AL PROJECT AREAc ACRES ~-' ~'-~-'~ '~< '-'~ ; or SQUARE FEET
C. ASSESSOR'S PARCEL NO.(s): ~'~ '-~ - O z ~ - ~" V ~
D. EXISTING ZONING:
E. PROPOSED Z~NING:
F. STREET REFERENCES:
IS THEPROPOSAL INCONFORMANCE? "
IS THEPROPOSAL INCONFORMANCE? '_//~_
,( ..,...'.--
G. SECTION, TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION:
H. BRIEF DESCRIPTION OF ~ EXISTING ENVIRONMENTAL SETI'ING OF THE PROJECT SITE AND ITS SURROUNDINGS:
....'.,.:../~,.-[,,.,..;.,. ..,..i:,.. :~.:. .. ~., ,:. ~_....I,,.;z A /~..~ ,,~ ~L,. /.r!,,.-. /..,
""::'~'~'~' "~' ' "':" ' ' ¢ ' ' '~" ::' '~ ' ¢.~<,~,,~,--~.' ' I,'~'-=-~,~'" ,,("-.. 2
"?..=. ',_(~..~. .,:. ."' ,. ' ' ;'~ -~','.'.,-.~' ~ ' ' . ...
IL COMPREHENSIVE GENERAL PlAN OPEN SPACE AND CONSERVATION DESIGNATION "~ ~'"aPprop~ie_"Option(.) below ~nd ' "proceed accordingly. ' '.-
~.. All or part of the project ~ is in "Adopted Specific Plans," "REMAP" or "Rancho Villages Community
Policy Areas". Complete Sections III, IV (B and C only), V and Vl.
r-] All or part of the project site is in "Areas Not Designated as Open Space". Complete Sections III, IV
(A, B and D only), V and Vi.
[] All or part of the project site has an Open Space and Conservation designation other than those mentioned
above. Complete Sections III, IV (A, B, and E only), V and Vl.
ENVIRONMENTAL HAZARDS AND RESOURCES ASSESSMENT
A. Indicate ~ nature of the proposed land use as determined from the descriptions as found in Comprehensive General Plan Figure
V1.3 (Circle One). This information is necessary to determine the appropriate land use suitability ratings in Section III.B.
NA - Not A,oDlicable Critical Essential Normal-High Risk Normal-Low Risk
B. Indicate with a yes (Y) or no (N) whether any environmental hazard and/or resource issues may signif~,antly affect or be affected
by the p~. All referenced ~gures are containeel in the Comprehensive General Plan. For any :_~-s~__us marked yes (Y) write
additional data sources, agencies co. suited, findings of fact and any mitigation measures under Section V. Also. witere indicated,
circle the approc)riate land use suitability Or noise acceptability rating(s). (See definitions at bottom of this ;)age).
HAZARDS
1 .~ Alcluist-Prioto SF..~'ial Studies or County Fault 1
Hazard Zones (Fig. I/1.1 )
NA PS U R (Fig. Vi.3)
Liquefaction Potential.Z0ne (Fig. t/I.1 )
NA S PS U R (Fig. Vl.4)
Gro~ndshaking Zone (Fig VI.1) 14.
NA S PS U R (Fig. Vl.5)
Slol:)es (Riv. Co. 800 Scale Slope M&os) 15.
Landslide Risk Zone (Riv. Co. 800 Scale
Seismic Maps or On-site Inspection) 16.
NA S PS U R (Fig. Vl.6)
Rockfall Hazard (On-site Inspection) 1~:~
Expansive Soils (U.S.D.A. Soil 1
Conservation Service Soil Suweys) 19.//~/
Erosion (U.S.D.A. So~ Conservation 20.
Service Soil SurveyS) 21.
Wind Ersosion & Blowsand (Fig. VI.1, 22.:~:~_
Ord. 460, Sec. 14~ & Ord. 484) 23.
Dam Inundation Area (Fig. Vl.7) 24.
Floodplains (Fig. VL7) 25.
NA U R
2.v_~ 13../~
/
(Fig. VI.8)
Airport Noise (Fig. 11.18.5, 11.18.11
& V1.12 & 1984 AICUZ Rel:~ort, M.A.F.B.)
NA A B C D (Fig, VI.11)
Railroad Noise (Fig. V1.13 - VI.16). '
NA A B C D (Fig, VI.11 )
Highway Noise (Fig. V!.17 - Vl.29)
NA A B C D (Fig, VI.11 )
Other Noise
NA A B C D ' (Fig, V1.11)
Project Generated Noise Affecting
Noise Sensitive Uses (Fig. VI.11)
Noise Sensitive Project (Fig. V!.I 1 )
Air Quality Impacts From Pro}ect
Project Sensitive to Air Quality
Water Quality Impacts From Project
Project Sensitive to Water Quality
Hazardous Materials and Wastes
Hazardous Fire Area (Fig. Vl.30 - VI.31 )
Other
Offter
27./J
: · RESOI3RCES
Agriculture (Fig..VI.34 ;'VI.35) :: 32 '~ Scenic Highways (Fig. VI.45) :'
In or Near an Ai~' '~'Prem~rve '-::.'7' ;' Historic Resources (Fig. VI.32 - VI.33) ' -':
(Riv, CO. Agricultural Land Conversation. Archaeological Resources
Contract Maps) '- (Fig. Vl.32 - Vl.33 & Vl.46 - Vi.48)
Wildlife (Fig. Vl.36 -.Vl.37) . 35.1/.._ Paleontological Resources
Vegetation (F';. W38 ~ Vl.40) ' · ~to~ogk-.~ Resources Map)
Mineral Resources (~tg. VIA1 - Vl.42) 36./~ Other
'. 37.
, ,:,.. .
Definitions for Land Use Suitability and Noise Acceptability Ratings
NA - Not Applicable S - Generally Suitable PS - Provisionally Suitable
U - Generally Unsuitable R - Restricted A - Generally Acceptable
B - Conditionally Acceptable C - Generally Unacceptable D - Land Use Discouraged
395-70 (Nev/12/87) 2
LAND USE DETERMINATION
Complete this part unless the I~'oject is located in ~"* r~3nt~ Specific Ptan~ "REMAP" or "Rancho
Vifiages Community Policy Areas."
1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(s):
2. LAND USE PLANNING AREA:
3. SUBAREA, IF ANY:
4. COMMUNFI'Y POUCY AREA, IF ANY:
5, COMMUNITY PLAN, IF ANY:
6, COMMUNITY PLAN DESIGNATION(s), IF ANY:
7. SUMMARY OF POLICIES AFFECTING PROPOSAL:
For all projects, inidcate with a yes (Y) or no (N) whether any public facilities and/or services issues may significantly affect
or be affected by the proposat. All referenced figures are contained in the Comprehensive General Ptan. For any issue
marked yes (Y), write data sources, agencies consulted, findings of fact, and mitigation measures under Section V.
PUBUC FACILITIES AND SERVICES
1. ~ Circulation (Fig. IV.l-IV.11. Discuss in 10.
Sec. V Existing, Planned & ReQuired Roads)
Bike Trails (Fig. IV,12- IV,13)
Water (Agency Lette~)
Sewer (Agency Letters)
Fire Services (Fig. N.16 - N.18)
She~ Services (Fig N.17 - W.~8)
Schools (Fig. IV.17- N.18) ~.
Solid Waste (Fig, N.17 - IV.18i .
Parks and Recmaion (Fig. ~V.19 - IV,20)
7_,4J
17.
Equestrian Trails (Fig. !V.19 - IV.24/
Riv. Co~ 800 Scale Equestrian Trail Maps)
Utilities (Fig. IV.25 - IV.26)
Libraries (Fig. IV.17 - IV.18)
Health Services (Fig. IV.17 - IV.18)
Airports (Fig. 11.18.2 - 11.18.4,
0 & rv.27. rv.36)
City Sp~ of Influence. --
Other
C. It all or part of the project is located in "Adogted Specific Plans", "REMAP" or "Rancho V'dlages Community Policy
2. Based ort this initial study, is the pro13osal consistent with the policies and designations of the appropriate document,
and therefore consistent wi~ ~ Com~ive ~1 Plan? If not, explain: ~;fl/~' ~,
295-70 (1',l, ew 12.~7) 3
IV. LAND USE DETERMINATION (continued)
D. ff all o~ part of ~ project site is in "Areas not Designated as Open Space", and is not in a Community Plan, complete
questions 1, 2, 3, 6 and 7. Complete questions 4, 5, 6 and 7 if it is in a Community Ptan.
1. Land use category(ies) nece~__~_ry to suDport the proposed projecL Also indicate land use type
(i.e. residential, commercia], etc.)
Current land use cetegory(ies) for the site based o~ existing conditions.
(i.e. residential, commerciaJ, etc.)
Also indicate land use type
3. If D.1 differs from D.2, will the difference be resolved at the development stage? Explain:
4. Community Plan designation(s):
5. Is the proposed project ccmsistent with the policies and designations of the Community Plan?
If noL explain:
o
Is the proposal compatible with existing and proposed surrounding land uses?
If not, explain:
7. Based on this initial study, is the proposal consistent with the Comprehensive General P~an?
If not, reference by Seclioa and Issue Number tho~e Issues identifying Inconsistencies:
, . ~ ':?. . . : . , ',~,~' '~ .' .....
If all o~ part of lhe project ~ is in an Open Space and Conse~tion designation, complete the follow~ngl"
3. Based on this initial study, is the proposal coasisent with the Comprehensive General Plan?
ff not, reference by SectJo~ and Issue Number those issues identifying inconsistencies:
V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES
A. ADDITIONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED:
DATE DATE ADEQUACY
SECTION/ INFORMATION INFORMATION INFORMATION DETERMI~TIO~
ISSUE NO. REQUIRED REQUESTED RECEIVED (YES/NO.DATE)
For each issue marked yes (Y) under Sections III.B and IV.B, identify the Section and issue number and do the
following, in the format as shown below:
1. Ust all additional relevant data sources, including agencies cortsulted.
2. State all findings of fact regarding environmental concerns.
3. State specific mitigation measures, ff identifiable without requiring .an environmental impact rel~ort (E.I.R.)
4. If additional informatio~ is required before the environmental assessment can be completed, refer to
Subsection A.
5. If additional sheets are needed to complete this section, check the box at the end of the section and attach
the necessary sheets.
SECTION/
ISSUE NO.
SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES:
V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES (continued)
SECTION/
ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES:
VL ENVIRONMENTAL' lidPACT DETERMINATION:
r ~ ~ ' ~ ~ : ~ ~ mltigattcm measures described '~ in Secticm'V have been applied to the
project and a Negative Declaration may be prepared.
{or)
[] The project may have a si. gnificant effect on the enviro~mant and an Environmental Impact Report
CITY OF TERECULA ENGINEERING DEPARTRENT
FEES AND SECURITIES REPORT
PARCEL MAP / TRACT NO. 23624
DATE 12/12/90
FAITHFUL PERFORMANCE
SECURITY
IMPROVEMENTS
Streets and Drainage $ 254,500.00 $
Water $ 94,000.00 $
Sewer $ 39,000.00 $
TOTAL $ 387,500.00 $
*Maintenance Retention (10% for one year)
*(or Bonds if work is completed)
Monument Security
City Traffic Signing and Striping Costs
RCFC Drainage Fee Due
Signalization Mitigation Fee - SMD ~9
Road and Bridge Benefit Fee
Other Developer Fees
Plan Check Fee Due
Inspection Fee Due
Monument Inspection Fee
Fee Paid To Date i Credit)
Total Inspection/Plan Check Fees Due
MATERIAL & LABOR
SECURITY
127,250.00
47,000.00
19,500.00
193,750.00
$ 38,500.00
9,500.00
--0--
63,467.60
61,325.00
--0--
--0--
14,263.55
13,235.47
--0--
8,824.92
18,674.10
STAFFRPT \ FPM2 3 6 2 4
ITEM NO. 8
APPROVAL
FINANCE OFFI~R
CITY MANAGER--
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Engineering Department '~;~,
February 12, 1991
Final Parcel Map No. 23969
PREPARED BY:
Douglas M. Stewart
R ECOMMENDAT ION:
That the City Council approve Final Parcel Map No. 23969 subject to the Conditions
of Approval.
DISCUSSION:
Parcel Map no. 23969 was originally submitted to Riverside County Planning
Department on August 17, 1988. The Tentative Parcel Map was initially reviewed by
the Riverside County Land Division Committee twice, on June 8, 1989 and February
15, 1990. In April, 1990, the file was transferred to the City of Temecula. The
Tentative Parcel Map was approved by the City of Temecula Planning Commission on
September 17, 1990 and then received and filed by the City Council on September 25,
1990.
Parcel Map No. 23969 is a four (4) lot industrial park subdivision of 21.56 acres.
The Parcel Map is located on Ridge Park Drive, south of Rancho California Road.
The applicant is Omdahl Enterprises.
The following fees have been paid (or deferred) for Parcel Map No. 23969:
Signal Mitigation Fee (Deferred to Building Permits)
Drainage Fee (Deferred to Building Permits)
$37,747.50
75,559.71
SUMMARY:
Staff recommends that the City Council APPROVE Final Parcel Map No. 23969 subject
to the Conditions of Approval.
STAFFRPT~FPM 23969 1
GH:ks
Attachments:
2.
3.
4.
5.
Development Checklist
Location Map
Copy of Map
Conditions of Approval
Fees and Securities Report
STAFFRPT~FPM 23969 2
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO.: Final Parcel Map No. 23969
The following fees were reviewed by Staff relative to their applicability to this
project.
Fee
Habitat Conservation Plan
{ K-Rat)
Parks and Recreation
(Quimby)
Public Facility
{ Traffic Mitigation)
Public Facility
{ Traffic Signal Mitigation }
Public Facility
( Library )
Fire Protection
Flood Control
(ADP)
Public Facility Fee
(Application To Be Determined)
Condition of Approval
Condition No. 25
(Planning)
Condition No. 36
(Planning)
N/A
Condition No. 11
(Roads & Surveyor)
N/A
N/A
Condition No. 1
(Flood Control and
Conservation )
Condition No. 20
(Planning)
STAFFRPT~FPM 23969 3
Project Site
TO:
FROM:
DATE:'
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Planning Department
September 25, 1990
Parcel Map No. 23969
APPROVAL
CI~'Y ATTORNEY
FINANCE OFFICER
CITY MANAGER ~
PREPARED BY:
RECOMMENDATION:
Deborah Parks
Receive and File
APPLICATION INFORMATION
APPLICANT:
REPRESENTATIVE:
PROPOSAL:
LOCATION:
EXISTING ZONING:
EXISTING LAND USE:
SURROUNDING LAND USES:
Omdahl Enterprises
Markham and Associates
To subdivide 21.56 acres into four lots
Ridge Park Drive, South of Rancho California Road
North: I-P
South: M-SC
East: M-SC
West: I-P
Site: I-P
Site: Vacant
North:
South:
East:
West:
Vacant
Multi Family/Vacant
Single Family/Light Industrial
Vacant
STFRPT\PM23969. A 1
BACKGROUND:
ANALYSIS:
STFR PT\PM23969, A
Parcel Map No. 23969 was continued from the August
20, 1990 Planning Commission Hearing. The
Commission directed Staff to meet with the applicant
and William Haley, a neighboring property owner to
develop a solution regarding Pujol Street. The
meeting was held and the Staff Report has been
revised. A copy of the minutes of the August 20,
1990 hearing is attached.
The application for Parcel Map No. 23969 was
originally submitted to the Riverside County
Planning Department on May 10, 1989. The parcel
map was reviewed by the Riverside County Land
Division Committee twice; on June 8, 1989 and
February 15, 1990. In April, 1990, the file was
transferred to the City of Temecula.
Area Settinq
The project site is located in the Emerald Ridge
Business Park south of Rancho California Road on
Ridge Park Drive. The site is in a hillside area that
is currently being mass graded as part of the
grading permit for Parcel Map No. 1825~. Extensive
cut and fill was approved as part of the mass
grading plan resulting in very high 2:1 slopes. The
properties to the north and west are vacant and are
also within the Emerald Ridge Business Park. South
of the project site, separated by a slope, is an
apartment building. East of the project site, at the
base of a large slope are light industrial and
residential uses.
Circulation and Infrastructure
The mass grading permit for Parcel Map 1825~ was
approved by the County of Riverside and did not
take into account the improvement of Pujol Street
along the easterly boundary of Parcel Map 23969. A
60 foot right-of-way for Pujol Street was not shown
on the underlying Parcel Map 1825~, only the
existing ~0 feet. Within the 20 foot area necessary
to widen Pujol Street to 60 feet, the site has been
graded to a 2:1 slope improved with a concrete
drainage swell and force main. These improvements
are located within an Eastern Municipal Water
District easement and are being paid for by
Assessment District 159. Attached Exhibit A shows
the two large, above ground pipes used to meter the
sewage flow of the force main. The force main is an
integral component of the sewer system for all of the
development in Assessment District 159. The force
main helps to direct the sewage to the treatment
plant south of Winchester Road. The location of the
sewage meters is within the 20 foot area needed to
widen Pujol Street to local street standards of 60
feet. The location of the sewer system and above
ground improvements were approved by the County
of Riverside.
The City~s Engineering Department is required by
Ordinance q60 to condition Parcel Map No. 23969
with the dedication and improvement of all abutting
roadways. On August 27, 1990, the City Planning
and Engineering Departments held a meeting, as
directed by Planning Commission, to develop a
solution which would allow access to Mr. William
Haley's property on Pujol Street and take into
consideration the sewage meters within the 60 foot
right-of-ways. The applicant and Mr. Haley were
invited to the meeting. Mr. Haley did not attend
the meeting but was informed of the meeting's
results in a letter (see attached). In attendance at
the meeting were Douglas Stewart, Kirk Williams,
John Middleton, Howard Omdahl and Deborah Parks.
A solution to the dedication and improvement of
Pujol Street was developed which does not require
an exception to Ordinance t~60.
Riverside County Standard 106, Section "A" allows
for short local streets to have an ultimate right-of-
way of SO feet with an improved area of 32 feet. By
only requiring an additional 10 foot dedication, the
sewage meters will be avoided. A cul-de-sac bulb
will not be required for this project.
John Middleton spoke with Laura Cabral of the
Riverside County Fire Department regarding the
proposed improvements of Pujol Street. She agreed
that the applicant could build Pujol Street according
to the 32~/50~ standards with curb and gutter
adjacent to Parcel Map No. 23969 only. She also
agreed that a turn-around bulb at the end of the
cul-de-sac would not be necessary at this time since
the street only provides access to one dwelling unit.
The Engineering Department recommends that an
off-set cul-de-sac be constructed in the future
when Mr. William Haley's property is developed to
R-3 standards.
STFR PT\PM23969. A 3
GENERAL PLAN/
SWAP CONSISTENCY:
ENVIRONMENTAL
DETERMINATION:
FINDINGS:
Parcel Map Confiquration
Parcel 22 of Parcel Map No. 18254 is the underlying
parcel for Tentative Parcel Map No. 23969.
Tentative Parcel Map No. 23969 divides the site into
four parcels. The sizes of the parcels are as
follows:
Parcel 1 - 6.02 acres
Parcel 2 - q.75 acres
Parcel 3 - 6.25 acres
Parcel ~ - ~,5~ acres
The subject site is designated RL1 - Restricted
Light Industrial by the Southwest Area Plan. The
proposed division of land is consistent with the
policies for industrial use. It is anticipated that the
project, as conditioned, will be consistent with the
City's forthcoming General Plan.
An Initial Study has been completed for the project
and a Negative Declaration is recommended for the
proposal.
The proposed division is consistent with the
Southwest Area Plan and Zoning Code in that
all four parcels exceed the minimum lot size of
20,000 square feet and the minimum average
lot width of 100 feet.
The lot design is logical and meets the
approval of the City's Planning and
Engineering Departments.
e
The legal owner of record has offered to make
all dedications required.
The project will not have a significant
adverse affect on the environment. A
Negative Declaration is recommended and all
impacts will be reduced to insignificant levels
through recommended conditions of approval.
e
There is a reasonable probability that the
project will be consistent with the City's
General Plan once adopted, based on analysis
contained in the Staff Report.
STFRPT\PM23969. A ~
The division of land is consistent with the
provision of Title 18 of the Subdivision Map
Act.
STAFF RECOMMENDAT ION:
The Planning Department Staff recommends that the
Planning Commission:
ADOPT the Negative Declaration for
Parcel Map No. 23969
2. APPROVE Parcel Map No. 23969
based on the analysis and findings contained in the
Staff Report and subject to the attached Conditions
of Approval.
DP:ks
STFRPT\PM23969. A 5
PLANNING COIgM]SSION NINUTRS
AUGUST 20, 1990
Commissioner Ford moved to close the public hearing
seconded by Commissioner Fahey and carried unanimously.
Convnissioner Hoag}and moved to reject staff's
recommendation and not adopt the N~gative Declaration
for Plot Plan Nos. 5 and 6 and deny Plot Plan Nos. 5
and 6, and direct staff to work with the applicant
to provide a detailed landscape plan, review the
structural design to ensure adequate screening
of the roof equipment, study the parking and to
're-evaluate the location of the truck loading
doors· Commissioner Hoaqland amended his motion
by continuing the public hearing on Item 4 and Item 5
to the Planninq Commission meeting of September 17,
1990. Commissioner Fahey seconded the motion.
AYES: 5
COMMISSIONERS:
Blair, Fahey,
Ford, Hoagland,
Chiniaeff
NOES: 0
COMMISSIONERS: None
Recess
Chairman Dennis Chiniaeff declared a five minute recess at 7:50
P.M. to allow p]anninq staff to set up more exhibits for agenda
items. The meeting was reconvened at 7:55 P.M.
Tentative Parcel Map 23969
6.]
Deborah Parks presented staff's report on the subdivision
of Parcel 22 of Parcel Map 18254 into four parcels.
Ms. Parks stated that when the parcel map was approved
by the County; they failed to show Pujol Street. County
Ordinance 460 required the dedication of Pujol Street;
at that time, however, is was overlooked and the width
of Putol Street remained at 40 feet. When Otundahl
Enterprises applied to sub-divide, they were told by
the CountF they would need the dedication of 20 feet
of Parcel 2 for dedication of Pujol Street. Oh~xiahl
Enterprises had reached an agreement with Eastern
Municipal Water District to provide an easement within
this 20 feet. To widen Pujol Street would be a great
expense and at this time staff is unclear as to who
would be responsible for the cost of these improvements.
PI.ANNING CONMISSION ~INUTES
AUGUST 20, ]990
John H~dd]eton stated that the Engineering Deoartment's
recommendation was to construct Pujo] Street as per
county standards.
An[bony Polo, Harkham & Associates,.41750 Hinchester Road,
TemecuJa, qave a brief description ot the project.
Hilltam Haley, 28426 Pulol Street, Temecula, an
adjacent property owner expressed his desire to have
the developer proceed with the road improvements to Puiol
Street as proposed by the County of Riverside.
Anthony Polo offered an alternative to the Commission
of leaving Pujol Street in its' present state and
provide the dedication and improvements to create a
cu)-de-sac on the end of Sixth Street.
Douq Stewart, deputy traffic engineer, advised the
Commission that the easement was neither Mr. Ohmdahl's
property nor Mr. Haley's property. He stated that
County Ordinance No.460 and the recommendation by the
Riverside County Transportation Department requires
certain improvements be completed; however, there is
an exception clause within the ordinance that would
a]low the Commission to deviate from these required
street improvements, but only under that exception
c)ause could the Commission consider anything other
than what was recommended by the county.
Commissioner Fahey questioned the reference to special
circumstances of the exception applicable to the
properties size, shape or topagraphy, and did that
exception apply to such conditions created by the
property owner.
Doug Stewart stated that the ordinance requires that
the applicant put in a street~ however, it would be at
a substantial cost to the applicant, and since applicant
has offered other alternatives that seem more appropriate,
the commission could consider one ot these alternatives
and make that recommendation to the cit~ Council.
Commissioner Chiniaett asked if star! needed action by
the Commission to come back with a partial reco~,~endation.
PLanNING C(NgNISSION MINUTES
AUGUB? 20, 1990
John Cavanaugh advised the Commission that if they were
to approve this parcel map and recon~end there be a
partial 8edication or recommend that part ot the
dedication be accomplished by another property owner
other than the applicant, the Commission needs to be
aware that if the other property owner does not approve
of the recommendation, and it that approval is not
sought within 120 days after the Commission's
recommendation, this condition will automatically
terminate.
Commissioner Ford asked if this was a condition for
outside improvements, could the Commission request the
applicant to bond or quatastee the acquisition rights
of the property.
John Cavanaugh stated that the Co,,.,ission could either
recommend that the applicant provide the dedication of his
own property or recommend partial dedication/vacation
the other property owner. If the other property owner
does not approve 120 days after the Commission acts on it,
this condition is automatically terminated.
Commissioner Fahey moved to not adopt the Negative
Declaration for Parcel Nap No. 23969, and to continue
the item to September 17, 1990, with staff working with
both parties to come to an agreement acceptable.
Commissioner Ford seconded the motion.
AYES: 5
CONNISSIONERS:
Blair, Fahey,
Ford, Boagland,
Chiniaeli
NOES:
0 CONHISSIONERS: None
7. Plot Plan 11621
7.1
Deborah Parks provided statf's report and an architectural
renderinq of the project, a proposal to complete Phase 2
of the pro~ect.
MI~.8/20190
-8- 8/23/~)
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Parcel Map No. 23969
Commission Approval Date:
Expiration Date:
Ptanninq Department
The subdivider shall defend, indemnify, and hold harmless the City of
T. emecula, its agents, officers, and employees from any claim, action, or
proceeding against the City of Temecula or its agents, officers, or employees
to attack, set aside, void, or annul an approval of the City of Temecula, its
advisory agencies, appeal boards or legislative body concerning Tentative
Parcel Map No. 23969, which action is brought within the time period provided
for in California Covernment Code Section 66q99.37. The City of Temecula will
promptly notify the subdivider of any such claim, action, or proceeding
against the City of Temecula and will cooperate fully in the defense. If the
City fails to promptly notify the subdivider of any such claim, action, or
proceeding or fails to cooperate fully in the defense, the subdivider shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City of
Temecula.
The tentative parcel map shall conform to the requirements of Ordinance ~60,
Schedule E, unless modified by the conditions listed below. This approved
tentative parcel map will expire two years after the City Council approval date
unless extended as provided by Ordinance ~60.
The final map shall be prepared by a registered civil engineer or licensed land
surveyor subject to all the requirements of the State of California Subdivision
Map Act, Subdivision Ordinance ~60.
All road easements shall be offered for dedication to the public and shall
continue in force until the governing body accepts or abandons such offers.
All dedications shall be free from all encumbrances as approved by the City
Engineer. Street names shall be subject to approval of the City Engineer.
Easements, when required for roadway slopes, drainage facilities, utilities,
etc., shall be shown on the final map if within the land division boundary. All
offers of dedication shall provide for nonexclusive public road and utility
access. All easements, offers of dedication and conveyances shall be
submitted and recorded as directed by the City Engineer.
Legal access as required by Ordinance ~60 shall be provided from the parcel
map boundary to a City maintained road.
e
All delinquent property taxes shall be paid prior to recordation of the final
map.
Prior to any grading, a Grading Plan in compliance with the Uniform Building
Code shall be submitted to the City Department of Building and Safety.
5TFRPT\PM23969. A 1
10.
11.
12.
13.
lq.
15.
16.
17.
18.
19.
20.
The subdivider shall comply with the street improvement recommendations
outlined in the Office of Road Commissioner and County Surveyor~s letter
dated April 2, 1990, a copy of which is attached. All items of the letter shall
comply excep[ for No.~s 3 and 6.
The subdivider shall comply with the environmental health recommendations
outlined in the County Health Department's transmittal dated May 22, 1989, a
copy of which is attached.
The subdivider shall comply with the flood control recommendations outlined
in the Riverside County Flood Control District~s letter dated June 7, 1989, a
copy of which is attached. if the land division lies within an adopted flood
control drainage area pursuant to Section 10.25 of City of Temecula Land
Division Ordinance t~60, appropriate fees for the construction of area drainage
facilities shall be collected by the City prior to recordation of the final map or
waiver of parcel map.
The subdivider shall comply ,with the fire improvement recommendations
outlined in the County Fire Department's letter dated March 3, 1990, a copy
of which is attached.
The subdivider shall comply with the recommendations outlined in the Building
and Safety Department: Land Use Section~s transmittal dated March 8, 1990,
a copy of which is attached.
The subdivider shall comply with the recommendations outlined in the Building
and Safety Department: Grading Section~s transmittal dated July lt~, 1989, a
copy of which is attached.
All proposed construction shall comply with the California Institute of
Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the
Southwest Area Plan.
The subdivider shall comply with the recommendations outlined in the Eastern
Municipal Water District transmittal dated May 16, 1989, a copy of which is
attached.
The subdivider shall comply with the recommendations outlined in the
Southern California Edison Company transmittal dated May 2% 1989, a copy
of which is attached.
Prior to recordation of this map, a reciprocal access agreement shall be
recorded for Parcels 2 and 3.
Prior to recordation of this map, a signing and striping plan along with a
street improvement plan shall be approved by the City Engineer.
Prior to occupancy, developer shall pay any capital fee for road improvements
and public facilities imposed upon the property or project, including that for
traffic and public facility mitigation as required under the EIR/Negative
Declaration for the project, in the amount in effect at the time of payment of
STFR PT\PM23969. A
21.
22.
23.
the fee. If an interim or final public facility mitigation fee or district has not
been finally established by the date on which developer requests its buildin9
permits for the project or any phase thereof, the developer shall execute the
Agreement for Payment of Public Facility Fee, a copy of which has been
provided to developer. Developer understands that said Agreement may
require the payment of fees in excess of those now estimated [assuming
benefit to the project in the amount of such fees) and specifically waives its
right to protest such increase.
Prior to occupancy, Pujol Street shall be improved with concrete curb and
9utter, [on the south side) located 16 feet from centerline with 32 feet of
asphalt concrete paving in accordance with Riverside County Standard 106,
Section "A" [32'/50).
Dedication shall be made on Pujol Street to provide for a full 50 foot right-of-
way in accordance with Riverside County Standard 106, Section "A" 132'/50)
prior to final map.
Prior to occupancy, a Riverside County Standard 810 barricade shalt be
constructed at the west end of Pujol Street.
The applicant shall not be required to construct a sidewalk on Pujol Street
adjacent to Parcel Map No. 23969.
GRADING:
25.
Prior to the issuance of grading permits, the applicant shall comply with
Ordinance No. 663 by paying the fee required by that ordinance. Should
Ordinance No. 663 be superseded by the provisions of a Habitat Conservation
Plan prior to the payment of the fees required under the Habitat Conservation
Plan as implemented by City Ordinance or resolution.
26.
Grading plans shall conform to the Hillside Development Standards as
presented in the Riverside County Comprehensive General Plan. AiI cut
and/or fill slopes, or individual combinations thereof, which exceed ten feet
in vertical height shall be modified by an appropriate combination of a special
terracing lbenching)plan, increased slope ratio ie.g. 3:1), retain walls,
and/or slope planting combined with irrigation. All driveways shall not
exceed a 15% grade.
27.
Prior to the issuance of grading and/or building permits, all proposed new
structures on parcels shall be limited to slopes less than 26% unless otherwise
approved by the Planning Director.
28.
All grading and building plans/permits shall reflect the utilization of post and
beam foundations or the appropriate combination of split level pads and post
and beam foundations when development is proposed on slopes of 15% or
greater measured over a horizontal distance of 30 feet. All driveways shall
not exceed a 15% average grade.
STF R PT\PM23969. A
3
DEVELOPMENT STANDARDS:
29.
Prior to the issuance of building permits, the applicant shall obtain clearance
and/or permi. ts from the following agencies:
Road Department
Environmental Health
Riverside County Flood Control
Fire Department
Written evidence of compliance shall be presented to the Planning Department
of Building and Safety.
30.
Lots created by this subdivision shall be in conformance with the development
standards of the I-P zone.
31.
All lots created by this land division shall have a minimum area of 20,000
square feet.
32.
When lots are crossed by major public utility easements, each lot shall have a
net usable area of not less than 3,600 square feet, exclusive of the utility
easement.
33.
All lot length to width ratios shall be in conformance with Section 3.8C of
Ordinance ~60.
Prior to recordation of the final map the land divider shall execute a certificate
of noncontiguous ownership.
35.
Concrete sidewalks shall be constructed in this subdivision in accordance with
the Standards No. q00 and ~01, except that sidewalk shall not be required on
the south side of Pujol Street.
PRIOR TO THE RECORDATION OF THE FINAL MAP:
36.
Prior to the recordation of the Final Map, the following conditionl s) shall be
complied with:
The subdivider shall annex Tentative Parcel Map No. 23969 into the City
of Temecula~s Recreation and Parks District.
be
The subdivider shall submit to the Planning Director an agreement with
the City of Temecula Recreation and Parks District which demonstrates
to the satisfaction of the County that the land divider has provided for
the payment of parks and recreation fees in accordance with Section
10.35 of Ordinance No. ~60. The agreement shall be approved by the
Board of Supervisors prior to the recordation of the final map.
Ce
A copy of the Environmental Constraints Sheet I ECS) shall be
transmitted to the Planning Department for review and approval.
STFR PT\PM239~9. A !1
ENVIRONMENTAL CONSTRAINT SHEET CONDITIONS:
37,
An Environmental Constraints Sheet (ECS) shall be prepared with the final
map to delineate identified environmental concerns and shall be permanently
filed with th6 City. Prior to the recordation of the final map, a copy of the
ECS shall be transmitted to the Planning Department for review and approval.
The approved ECS shall be forwarded with copies of the recorded final map to
the Planning Department and the Department of Building and Safety. The
following note(s) shall be placed on the Environmental Constraints Sheet.
"Surface alteration shall not be allowed in the delineated constraint area
without additional archaeolocjical investigation or mitigation as directed
by the City of Temecula Planning Department.
"This property is located within thirty 130) miles of Mount Palomar
Observatory, Li9ht and glare may adversely impact operations at the
Observatory, Outdoor lighting shall be from low pressure sodium lamps
that are oriented and shielded to prevent direct illumination above the
horizontal plane passin9 through the luminare,"
Indicate the availability of domestic water services to the subject
property as of the date of recordation of the final map,
The followin9 note shall be placed on the final map: "Constraints
affecting this property are shown on the accompanying Environmental
Constraints Sheet, the original of which is on file at the office of the
Riverside County Surveyor,
No building permits shall be issued by the City of Temecula for any
building in Parcel Map No, 23969 until the developer or the developer's
successors-in-interest or assignees, provides evidence of compliance
with the terms of said agreement for the financing of public facilities,
STFRPT\PM23969. A 5
August 6, 1990
Planning Commission
City of Temecula
43180 Business Park Drive
Temecula, California 92390
Subject:
Case Number:
Applicant:
Loc~tion:
Proposal:
Tentative Parcel Map 23969
Omdahl Enlerprises
Kathleen Way
South of Rancho California Road
To subdivide Parcel 22 of Parcel Map 18254
into four parcels
Dear Sirs:
Ixly property, 28426 Pujol Street, Temecula (Assessment Number and Parcel
922052010-9, .57 acres, Por. Lot 102, Block 38), is across Pujol S!reet from the
F, roposed subdivision. Late in 1989, I found the surface of the street destroyed
because, I assume, of the construction creating a plateau just west and above
this area.
I contacted the County Road Commission to inquire abo~t Pujol's future
repairs. I was informed that as a condition for the developmen! of Tentative
Varcel Map #23969, the County was proposing to the Pla,u~ing Commission
and the Board of Supervisors that lhis part of "Pujol should !,c imlu'Ovt'd
with ,t0 feet of asphalt paving with concrete curb and gutter within 60 feet
right of way terminating in an offset cul de sac."'1 Later, April 2, 1990, a
re:'is,.'en :,.,as made tn the proposal and the only cha~Re of which I am aware
is on page 2, number 5 stating "A standard offset cul de sac shall be
constructed on Pujol Street !~ffthin the land division" changing from
"culminating on an offset cuhi¢~ac."#2
The developer was aware of Ihe County condition before he began his project
and he has continued to be aware of the situation since Temecula has become
a city. I have no concern one way or Ihe other regarding the cul de sac, but 1
feel that this section of Pujol Street needs to be improved, repaved again, and
the developer needs to provide the 20 feet dedicated right of way to conform
with the rest of Pujoi Street.
i'lanni.~g Comn~ission Page 2
August 6, 1990
Though I understand that the City of Ternecula now has the authority and
resD,~sibility for these matters. I assume both the City and the County respect
each other's professionalism and would agree on previous commitments that
are obviously nonpartial and in ,.videspread use.
Sincerely,
William Italey ~
lkr
#1 In the City of Temccula, Fih, #PM23969, #1 Letter of 2/6/90 from County Road
Adminislralive Engineer to William !laley
Re: PM 23969 - Arecrating #1 Schedule E - 'Team 5, SMD $$9
AP 111-111-111-9
CC:
W. Abram, Supervisor
D. Dixon, City Manager
R. Stephensorb Road Administrative Engineer
J. Surlett, Weldan Associales
I. Tennant, Road/Transportation Commission
OMDAHL ENTERPRISES
28285 Rancho Calif. Rd.
Temecula, CA 92390
CITY OF TEMECULA
Planning Commission
RE: P.M. 23969 PuJol Street
Commissoners;
%<e, Omdahl Enterprises, feel the condition requiring us to
grant a 20 ft. easement along the Pujol St. dead-end and
construct one half of the street with a offset cul-del-sac
is not reasonable or feasible. It qualifys under par. B
sec. 3.1 ARTICLE 111 (Standards of Land Division-General):
"Exceptions from the requirements of this ordinance
relating to the design or improvements of land divisions
shall be granted only when it is determined that there are
special circumstances ap[,licable to the property, such as
but not limited to siza , shape or topographical conditions,
or existing road aligEment and width, and that the granting
of the modification will not be detrimental to the public
health, safety or welfare or be damaging to other property
in the vicinity."
Reasons for requesting the exception:
ae
Physically difficult and costly due to;
the existing 2:1 slope in the proposed easement
requires a retaining wall to accomodate widening
the street and cul-de-sac.
2)
the existing drainage structure in the proposed
easement would have to be redesigned and rebuilt.
3)
the forced sewer main in the proposed easement
would have to be realigned and lowered.
the blow-off valves on the forced sewer main in
the proposed easement would have to be relocated
and because of the lowering an extra blow-off
valve would have to located on the line.
The industrial zoned property, requesting the lot-
split, has been graded per an approved grading plan
and does not ~nd will never access Pojul St.
Ce
This section of Pujol St. serves as access to one res-
idential lot which has an existing 40 ft. access road
which we are not hindering or altering in any way.
De
Construction of the street and cul-de-sac would result
in a 15 ft high retaining wall which would be dangerous
to children, a graffiti wall and an eye sore for the
adjacent residential property owners.
The existing 2:1 slope is within a landscape maintenance
area including irrigated trees, shurbs and flowers. This
beautiful backdrop will be maintained by the Crystal
Ridge Business Park.
In conclusion, we feel that this would be an impossible
condition to meet and would prevent us from moving forward
with the development of our park as planned. The estimated
exspense to move the existing facilities and build the proposed
road is in excess of $250,000.00 dollars. The time involved
to get such plans approved thru the various agencies may
exceed two years. The net benefit to the public is zero; the
net benefit to the one residential lot is to provide it with
a 60 ft. access road in leu of its present 40 ft. access.
Again we would like to point out that this situation calls
for an application of par. B sec. 3.1 article 111. We would
also like to point out sec. 66411.1 of the Subdivision
Map Act;
"(a) Whenever a local ordinance requires improvements
for a division of land which is not a subdivision of five or
more lots, the regulations shall be limited to the dedication
of right-of-way, easements, and the construction of reasonable
offsite and OhSire imDrovements for the Darcels being created"
Thank you for your time and consideration.
Sincerely, ~ ~ /~
Howard Omda~t, General Partner
Omdahl Enterprises
MEMO TO FILE
Parcel Map No. 23969
August ~,
3p,m.
1990
5poke with Laura Cabral with Riverside County Fire Department about
Pujol Street,
She agreed that the developer could build a 32/50 street with
curb/gutter only on Omdahl's property without a turn around at the
end of the street.
An offset cul-de-sac will be constructed sometime in the future by the
R-3 properties when they develop.
John Middleton
JM:ks
co:
Kirk Williams
Doug Stewart
Deborah Parks
Mayor
Ron Parks
or Pro Tern
.,el F. Lindemans
September 5. 1990
CITY OF TEMECULA
EO. Box 3000
Tcmecula, C~i~mia 92390
(714) 694.~989
FAX (714)694-1999
Council members
Patricia I!. Bird.~all
Peg Moorc
J, Sal Mu'fioz
Mr, William Haley
221 29th Street
Manhattan Beach, CA 90266
SUBJECT: Pujol Street, Parcel Map No. 23969
Dear Mr. Haley,
I am sending you this letter to inform you of the decisions regarding Pujol Street
that were made at an August 27, 1990 meeting pertaining to parcel Map No. 23969.
The meeting was scheduled for a time which you had previously informed me that you
were available for. Both Doug Stewart and I expressed to you on August 2q the
importance of your attendance at the meeting. We are sorry that you were not able
to attend the meeting. In attendance at the meeting were Doug Stewart, Kirk
Williams, John Middleton, Howard Omdahl, and myself.
The following recommended Conditions of Approval regarding Pujol Street resulted
from the meeting:
Prior to Occupancy, Pujol Street shall be improved with concrete curb and
gutter, Ion the south side) located 16 feet from centerline with 32 feet of
asphalt concrete paving In accordance with Riverside County Standard No.
105, Section A 132'/50).
The applicant shall not be required to construct a sidewalk on Pujol Street,
adjacent to Parcel Map No. 23969.
Applicant shall provide for dedication of an additional 10 feet 110~) of right-
of-way adjacent to Pujol Street in order to provide for a full 50 foot right-of-
way in accordance with Riverside County Standard No. 106, Section A { 32'/50)
prior to final map.
Prior to occupancy, applicant shall construct a Riverside County Standard 810
barricade at the west end of Pujol Street.
PLANNING\LS~
Mr. William Haley
September' 5, 1990
Page 2
Construction of curb, gutter, and sidewalk adjacent to your property will not be a
Condition of Approval for Parcel Map No. 23969, but will be required upon future
development of your property.
All of these conditions of approval are based on Ordinance No. t160 and do not
require any exceptions.
We believe that your property will benefit from these recommended conditions of
approval and will not r~lace a hardship upon you. They have been reviewed and
approved by the Riverside County Fire Department and will be presented to the City
of Temecula Planning Commission on September 17, 1990.
If you have any questions, please feel free to call myself or John Middleton at
171~)69~-~600.
Sincerely,
Deborah Parks
C~ase Planner
Gary Thornhill
Planning Director
DP/GT:ks
cc:
Planning Commissioners
John Middleton
Doug Stewart
Tim D. Setlet
File
PLANNING\L51~
Riverside County
Road Deparfment
P.O. Box 1090
Hiverside. CA 92502
T[L[PHON[
May 24, 1989
Attn:
Subdivision Section:
SUBJECT: Tentative Parcel Map No. 23969
Please b~ advised that the division of the property shown on
Tentative Parcel Map No. 23969 will not unreasonably interfere
with the free and complete exercise of any easement(s) held by
Southern California Edison Company within the boundaries of said
tentative parcel map.
This letter should not be construed as a subordination of the
Company's rights. title and interest in and to said easement(s),
nor should this letter be construed as a waiver of any of the
provisions contained in said easement(s) or a waiver of costs for
relocation of any affected facilities.
In the event that the development requires ~elocation of facil-
itieso on the subject property, which facilities exist by right
of easement or otherwise, the owner/developer will be requested
to bear the cost of such £eloc&tion and provide Edison with
suitable replacement rights. Such costs and replacement rights
are raquired prior to the performance of the relocation.
If additional information is zequired in connection.with the
above mentioned subject, please call me at (213) 491-2644.
Very t~ul¥ you=s,
REGIONAL MANAGER
Real P~o~erCi~s Agent
,8455pmh
cc:
Riverside County Planning Dept.
Markham & Associates
ATTN: Patti Nahill
1~5/R/eg/S
Easiern unicipalmater District
Riverside Co. Planntng Dept.
4080 Lemon St., 9th Floor
Riverside, Ca 92S01
-
The District is responding to your request for comments on the subject project
relative to water and/or sewer service. The items checked below apply to this
project review.
The subject project:
not within EMWD's:
-~-~water service area
sewer service area
~-'~'Wlll be required to construct/provide the following facilities tf to
b~ s~rvcd by E~D:
Sewer Service
Any and all necessary regionally stzed onstte and offsite gravity sewers and
appurtenant works that might tnclude monitoring manholes, 1tft stations, force
mains, and effluent disposal/use. Sewers wtll not be allowed along lot
lines/private land. Fee payment and participation in regtona1 sewers, treatment,
and effluent dtsposal must be met. Only wastes acceptable to EMWO regulations
wtll be allowed.
EASTERN HUNICIPAL WATER DISTRICT
Planntng Department
COUNTY OF F~!V~;::lSIDE ~ · . : "
~_a. ~riov ~o commencin~ any ~vadin~ e~ceeding ~ cubic yards,
~ ~ the o~ner o~ th.t prope~y shall obtain . ~v.~ing permit
from the Department of Building and ~afety
Prior to approval of this use/subdivision a grading permit
and approval of the rough grading shall be obtained from
the Building and Safety Department.
P~ior tO issuance Of any building permit, the property
o~ner shall obtain a grading permit and approval to
construct from the Building and Safety Department.
Constructing a road, where greateF than 5~ cubic yards oF
material is placed or moved, requires a grading permit.
Prior to occupancy and/or beginning actual use of this
permit, a grading permit and approval of the.grading shal ;
be o~tained from the Building and Safety Department.
Provide veri¢ication that the e~isting grading
permitted and approval to construct ~as obtained from
Building and Safety. .
the
___g. The Grading Section has no comment on this site.
NOTE:
For the final grading plan - Please provide the applicable
information from County Grading Forms
2B~-13~
Rev. 3/89
C~JNTY OF RIVERSIDE
D. epartment of Building and Safety
ease refer to the following comments when submitting a grading
~an for plan review by the Grading Section.
Please refe~ to department forms 284-86, 284-120, 284-21
and 24-46 for applicable information to include on your
grading plans.
I9 orde'r to issue a grading permit, the following items
will be needed'at the plan review stage.
~.a. Obtain a plan review permit.
X b. Provide 2 copies of the Preliminary Soils
Report.
~c. Provide a copy of 'the hydrologic-hydraulic
study.
~_d. Provide clearance
departments.
ee
.X_3. Submit 5
review.
~x_4. Refer to
5
10.
11.
16.
19.
letters from the following
Planning
Flood Control
cad Department
Prey%de a set of the Planning Department
conditions of approval on the approved case.
Provide an erosion control plan, prepared by
a licensed landscape architect, for plan
review, permit, and bonding.
copies of the grading plan for distribution and
any specific plan related to this project.
This property is located in the Rancho California
Potential Subsidence area. Per Board Resolution 88-61,
additional geetechnical information is required.
Observe slope setbacks from permit areas and structures
per section 7011 and figure 29-1 of the Uniform Building
Code as modified by Ordinance 457.
Driveway grades shall be 1S% or less.
Show-street and pad elevations~ ..Insure that a 1% grade
(min~ can be'maintained from back of pad to street.
Design V-ditches at top of slopes to handle the Q-100
year storm flow.
Provide recorded drainage easements for the proposed lot
to lot drainage.
Show the Q-100 year storm flows at the inlet and outlet
of all drainage fa~ilities.
Provide building footprint on all lots.
.Design each lot to drain separately.
Prior to issuance of a grading permit, projects having
an imbalance between cut and fill shall specify the
location of their import or export source.
Show all slopes to scale, including terrace and setbacks.
Proposed off-site grading will require written notarized
permission from the affected property owner.
No obstruction or diversion of natural water courses
shall be permitted.
Provide sufficient offsi~e topography ~o show this
projects compatibility with adjacen~ properties.
Verify any underlying grading was permi=ted and approved
to construct there on.
Adm}nistrat}v~ Omnimr · ~777 At{anta Avonurn
Rivmr${d®, OA 92507
March 8, 1990
MAR 1990
Riverside County Planning Department
Attention~ Jeff Adams
County Administrative Center
4080 Lemon Street
Riverside, CA 92501
R!v 5R51DE COUNTY
PLANN[NC-' DEPARTMENT
REs Parcel Map 23969, Amended Map No. 1
Ladies and Gentlemens
The Land Use Division of the Department of Building and Safety
has the following comments and conditions,
The developer shall obtain Planning Department approval for
all on-site and off-site signage advertising the' sale of
the parcel map pursuant to Section 19.5 of Ordinance 348.
Sincerely,
Vaughn Sarkisian
Land Use Technician
/sn
OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR
April 2, 1990
Iv~. £ Ternram
~ ~/]AO COMMI~IIONER & CO~ ~J~RVEYOR
Riverside County Plaruting Commission
4080 Lemon Street
Riverside, CA 92501
COUNTY ADMINIST'KATIYE CENTER
MAILING ADDR F..~S:
P~, BOX
KI VEI~IDE,. CA L[~C)I~i[A
(714)
Ladies and Gentlemen;
PM 23969 - Amend #l
Schedule E - Team 5 SMD #9
AP #111-111-111-9
With respect to the conditions of approval for the
referenced tentative land d/vision map, the Road Department
recommends that the landd/vider provide the following street
improvements, s~reet improvement plans and/or road dedications in
accordance with Ordinance 460 and Riverside County Road
Improvement Sta~_dA~ds (Ordinance 461). It is understood that the
tentative map correctly shows acceptable centerline elevations,
all existing easements, traveled ways, and drainage courses with
appropriate Q's, and that their omission or unacceptability may
require the map to be resutxnitted for further consideration.
These Ordinances and the following conditions are essential parts
and a requirement occurring in ONE is al binding as though
occurring in all. They are intended to be complementary and to
describe the conditions for a complete design of the improvement.
All questions regarding the true meaning of the conditions shall
be referred to the Road Commissioner's Office.
me
The landdivider shall protect downstream properties from
damages caused by &Iteration of the drainage patterns,
i.e., concentration of d/v~rsion of flow. Protection
shall be provided b~ constructing adequate drainage
facilities including enlarging existing facilities and/
or by securing a drainage easement. All drainage
easements shall be shown on the final map and noted as
follows8 'Drainage Easement - no building, obstructions,
or encroachments by land fills are allowed". The
protection shall be as approved by the Road Department.
The landdivider shall accept and properly d/spose of all
offsite drainage flowing onto or through the site. In the
event the Road Commissioner permits the use of streets for
drainage purposes, the provisions of Article ZI of
Ordinance No. 460 will apply. Should the quantities exceed
the street capacity or the use of streets be prohibited for
drainage purposes, the subdivider shall provide adequate
drainage facilities as approved by the Road Department.
~oV~__969 - Amend
'Apr11 2, 1990
Page 2
e
10.
11.
12.
PuJol Street shall be improved with concrete curb and
gutter located 20 feet from centerline and match up asphalt
concrete paving; reconstruction; or resurfacing of existing
paving as determined by the Road Commissioner within a 60
foot full width dedicated right of way in accor~-nce with
County Standard No. 104, Section A. or as approved by the
Road Depar~nent.
Kathleen Way shall be improved with 34 feet of asphalt
concrete pavement within a 45 foot par~ width dedicated
right of way in accordance with County Standard No. 111.
Zmprovement plans shall be based upon a centerline profile
extending a minimum of 300 feet beyond the project
boundaries at a grade and alignment as approved by the
Riverside County Road Con~issioner. Completion of road
improvements does not imply acceptance for maintenance by
County. · ....
A standard offset cul-de-sac shall be constructed on PuJol
Street within the landdivision.
Asphalt/c e~ulsion (fog seal) shall be applied not less
than fourteen days following placement of the asphalt
surfacing and shall be applied at a rate of 0.05 gallon per
square yard. Asphalt emulsion shall conform to Section 37,
39 and 94 of the State Standard Specifications.
The applicant shall provide CC&R's to Lnsure access to all
parcels.
The maximum centerline gradient and the mLnimum centerline
radii shall be in conformance with County Standard 9114 of
Ordinance 4 61.
Concrete sidewalks shall be constructed throughout the
landdivision in accordance with County Standard No. 400 and
401 (curb sidewalks) u approved by the Road Ccm~Jmsioner.
Prior to the r~cordatlon of the "ffnal map, the developer
shall deposit with the Rivers/de County Road Deparlm~nt, a
cash sum of $1,750.00 per gross acre u mAtlgatlon for
traffic Ii~ ~ctl. Should ~ ~elo~ c~se to
def~ t~ t~ of '~nt, a ~itten a~~nt ~y ~
~ of lls~e of a bulldog ~l~.
Electrical and communications trenches shall be provided in
accordance with Ordinance 461, Standard 817.
~M ~969 - Amend #1
· April 2, 1990
Page 3
13.
14.
15.
16.
17.
lB.
19.
~ot access sh~11 b~ ~est~icted on puJol Street ~d so noted
on the final- map.
Landdivisions creating cut or fill slopes adjacent to the
streets shall provide erosion control and sight d/stance
control as approved by the Road Department.
The s~reet design and improvement concept of this project
shall be coordinated with PM 18254.
Street lighting shall be requLred' in accordance wi~h
Ordinance 460 and 461 throughout the mubdivision. The
County Service Area (CSA) Admin/strator determines whether
t~Ls proposal qualifies under an existing assessment
district or not. If not, the land owner shall file, ~fter
.receiving tent~t(ve ~OVA1, for an application wi~h LAFCO
for annexation into or creation of a 'Lighting Assessment
District' in accordance with Governmental Code Section
56000. pRTOR TO R~.~O~nATION, the landowner shall receive
and provide a Cer~ificate of Completion from LAFCO.
Any landscaping within public road rights of way shall
comply with Road Department standards and require approval
by the Road Commissioner and assurance of continuing
maintenance ~hrough the establishment of a landscape
maintenance d/strict/maintenance ag£~c~nt or similar
machah/S· as approved by the Road Co,,is·loner. Landscape
plans shall be subm/tted on standard County Plan sheet
format (24" x 36 ") . Landscape plans shall be sub~ttted
with the street improvement plans and shall depict ~
such landscaping, ~rrlgatlon and related facilities as are
to be placed widen the public road rights-of-way.
The applicant shall record CC&R' s ~o provide access to
Parcels 2 and 3. Said CC&R's shall be subject to approval
by County Counsel and ~he Road Coasts·loner.
Pursuant to Section 66493 of the Subdivision Map Act any
subd/vision which l~ par~ of an existing Assessment
Dlstr.t=t ~ust cc~ply with ~he requ~-~nta of said Section.
Road Division Engineer
LAT~ Jw
0M:
oI 1%lv ,rslcle
DEPArlTMENT OF IIEALTIt
RIVER$I~)E COUNTY 'PLANIqlNG DEPT. DAI[: ~ay 22, 1989
P~CEL ~ 23969 - S~ 53 Requirements ~ 23 ~ ~
The Environmental Ilealth Services Division has revieued the tentative
-'ap for tills project nnd cannot make nny recommendations until a
5anitatiaa letter ls filed. The requirements for a SAN 53 letter are
as fo I 1olvs: .
A satisfactory soils pcrcolntion test to prove the
project feasible.
A clearance lettel' from the apl~roprlnte California
Regional IVater Control Iloard.
3. 'l'lvo copies of the tentative ~nop.
A "~ill-serve" letter from tile agency/agencies
serving potable ~nter,
Should the project be served sun[tar)' sel~er service, this Department
~ould need only:
^ "~,~i!l-serve" letter from the ncency/agencies serving
potable uater and sanltar)' se~ers.
2. One copy of the tentative map.
It~ the project is to be served Icater by existing ~ells, pumps and
.ater tanks, a ~ater slipply permit ~lll be required (contact the
Environmental Ilealth Services Ulvisto,. I.:np, inoering Section at
787-6544). The requirements tror a ~,'ater supply permit are ns follo~s:
Satisfactory Inborntar)' tests (bacteriological, organic.
lnorlln,ic, general ph)'slc.!, nml p.e,ernl minernl) to
prove the s~iter potable, '.
A complete set of plnns shol~ln~ nil (letoils otr the
proposed nnd existi,lI ~nter systems: sizes and types
of pipe nml calculations sliouiug that adequate quantity
and pressure c.q, be mnintni,ed {California IVater~orks
Stnmlnrds - Ca!itroruin Ilealth nml Safety Code nnd
California Administrative Code, Title 22). These plans
must be signed by a registered civil engineer·
KWNNrrH L. [DWARDa
1lll MARKrT iiTRirET
P. O, BOX lOS3
TSL. KPNONK (714) ?e?-30tp'
RIVERSIDE COUNTY F'LOOD CONTROL AND
WATER CONSERVATION DISTRICT
Riverside County
Planning Department
County Administrative Center
Riverside, California 92501
Attentio~z
Regional Team No. 5
Patti Nahill
Ladies and Gentlemens
Res Parcel Map 23969
This is a proposal to divide 21.56 acres into 4 iota in the
Temecula area. The site is located at the end of Kathleen Way
south of Rancho California Road·
Parcels 3 and 4 are proposed to drain to the storm drain located
northeast of this site. Parcels 1 and 2 are proposed to drain
east of the site. Offsite flows are to be collected in the con-
crete ditch in the southern most corner of the site. These pro-
poeale appear to be consistent with the approved Parcel Map
19626-2.
Following are the District's recommendations~
This parcel map is located with/n the limits of the Mur-
rieta Creek/Mufflers Valley Area Drainage Plan for which
drainage fees have been adopted by the Board. Drainage
fees shall be paid as set forth under the provisions of
the "Rules and Regulations fOr A~minietretion of Area
Drainage Plans", amended February 16, 1988~
Drainage fees shall be paid to the Road Conunissioner
as part of the filing for record of the subdivision
final map or parcel map, or if the recording of a
final parcel map is waived, drainage fees shall be
paid as a condition of the waiver prior to recording
a certificate of compliance evidencing the waiver of
the parcel map~ or
At the option of the land divider, upon filing a re-
quired affidavit requesting defermerit of the payment
of fees, the drainage fees may be paid to the Build-
ing Director at the time of issuance of a grading
permit or building permit for each approved parcel,
whichever may be first obtained after the recording
of the subdivision final map or parcel map; provided
however, this option to defer the fees may not be
exercised for any parcel where grading or structures
have been initiated on the parcel within the prior 3
year period, or permits for either activity have been
issued on that parcel which remain active·
Riverside County
Planning Department
Re: Parcel Map 2969
- 2 -
June 7, 1989
Onsite drainage facilities located outside of road right
of way should be contained within drainage easements
shown on the final map. A note should be added to the
final map stating, "~rainage easements shall be kept free
of buildings and obstructions".
A drainage easement 8hould be obtained from the affected
property owners for the release of concentrated or di-
verted storm flows. A copy of the recorded drainage
easement should be submitted to the District for review
prior to the recordation of the final map.
A copy of the improvement plans, grading plans and final
map along with supporting hydrologic and hydraulic cal-
culations should be submitted to the District via the
Road Department for review and approval prior to recorda-
tion of the final map. Grading plans should be approved
prior to issuance of grading permits.
0uestions concerning this matter
of this office at 714/787-1253.
Markham and Associates
may be referred to Zully Smith
/~'OHN H. KASHUBA
Senior Civil Engineer
ZS=seb
KENNETH L. EOWAFID$
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
I~IVI:IqlIDIr. ~M,.IIrO~NIA
Riverside County
Planning Department --
County Administrative Center
Riverside, California
Area:
Attention: Regional Team No. ~ Re:
P1 anner -~'~'~Y'y~'J~,9,~
Ills MAI~KLf'~' I'r~[L~T
P.O BOX IO33
I'[L-EImHONr (?$4) ?S7-201~
We have reviewed this case and have the following comments:
Except for nuisance nature local runoff which may traverse portions of the
property the project is considered free from ordinary storm flood hazard.
However. a storm of unusual magnitude could cause some damage. New construc-
tion should comply with all applicable ordinances.
Th~ topography of the area consists of well defined ridges and natural water-
courses which traverse the property. There is adequate area outside of the
natural watercourses for building sites. The natural watercourses should be
kept free of buildings and obstructions in order to maintain the natural
drainage patterns of the area and to prevent flood damage to new buildings.
A note should be placed on an environmental constraint sheet stating, "All new
buildings shall be floodproofed by elevating the finished floors a minimum of
18 Inches above adjacent ground surface. [roston protection shall be provided
for mobile home supports.'
drainage plan fees shall be paid in accoraance with the applicable rules and
regulations.
The proposed zoning is consistent
control facilities or floodproofing
implied density.
with existing flood hazards. Some flood
may be required to fully develop to the
The Dtstrtct's report dated
is still current for this project.
The District does not object to the proposed minor change.
/This project is m part of P~mr /~~'~ . The project will be
free of ordinary storm flood haz d when improvements have been constructed in
accordance with approved plans.
The attached comments
apply.
H. KASHUBA
~entor Civil Engineer
DATE: l't't o
46-209 OasL~
I~fio, ~ 92201
(619) ~42-8886
TO:
ATTN:
PLANNING DEPARTMENT
JEFF ADAMS
RJVER51DE COUNTY
FIR[ DEPARTHi~'I'
IN COOPElaTION wITH THE
CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
D'..,-,~h,'I'MENT
PARCEL HAP 23969 - AHENDED ~1
With respect to the conditions of approval for the above referenced land division,
the Fire Department recommends the following fire protection measures be provided
in accordance with Riverside County Ordinances and/or recosnized fire protection
standards:
FIRE PROTECTION
The water mains shall be capable of providins a potential fire flow of 5000 GPM
and an actual fire flow available from any one hydrant shall be 2500 GPM for
hours duration at 20 PSI residual operatins pressure.
Approved super fire hydrants, (6"x4"x2-2{") shall be located at each street
intersection and spaced noc more than 330 feet apart in any direction, with
no portion of any lot frontsee more than 165 feet'from a fire hydrant.
Applicant/developer shall furnish one copy of the water system plans to the
Fire Department for review. Plans shall conform to fire hydrant types, location
and spacans, and, the system shall maac the fire flow requirements. Plans shall
be sisned/approved by a registered civil engineer and the local water company
with the following certification: "I certify chat the design of the water system
is in accordance with the requirements prescribed by the Riverside County Fire
Dept."
The required water system incXuding fire hydrants shall be installed and accepted
by the appropriate water agency prior to any combustible building material being
placed on an individual lot.
All questions regardins the meaning of the conditions shall be referred to the
Fire Department Planning and Engineering staff.
RAYHOND H. PEGIS
Chief Fire Department Planner
By
KurC Hantwell, Fire Safety Specialist
Backqround
1.
CITY OF TEMECULA
PLANNING DEPARTMENT
INITIAL ENVIRONMENTA'L STUDY
tribe o~ Propc~ent:
Address and Phone
Number of Proponent:
Omdahl Enterorises
28275 Rancho California Road
Temecula, California 92390
Date of Environmental
Agency Requiring
Na~e of P~sal,
if appllc~le:
~ation of P~sal:
June 22, 1990
CITY OFTEM~CULA
Tentative Parcel Map # 23969
South of Kathleen Way
il
Environmental Impacts
(Explanations of all "yes" and "maybe" answers are provided on
attached sheets. )
Yes Maybe No
1. Earth. Will the proposal result in:
Unstable earth conditions or in
changes in geologic substructuresT
Disruptions, displacements, compac-
tion or overcovering of the soil?
X
Ce
de
Substantial change in topography
or ground surface relief features?
The destruction, covering or modl-
fication of any unique geologic or
physical features?
Any substantial increase in wind or
water erosion of soils, either on or
or off sitel
X
BLANKIES/FORMS -~'
fe
Changes in deposition or erosion
_. of beach sands, or changes in
siltetlon, deposition or erosion
which may modify the channel of a
river or stream or the bed of the
ocean or any bay, inlet or lake?
ge
Exposure of people or property
to geologic hazards such as earth
quakes, landslides, mudslides,
ground failure, or similar hazards?
Air. Will the proposal result in:
Substantial air emissions or
deterioration of ambient air
quality?
The creation of objectionable
odors?
Alteration of air movement,
moisture, or temperature, or any
change in climate, whether locally
or regionally?
Water. Will the proposal result in:
ae
Substantial changes in currents, or
the course or direction of water
movements, in either marine or
fresh waters?
be
Substantial changes in absorption
rates, drainage patterns, or the
rate end amount of surface runoff?
Ce
Alterations to the course or flow
of flood waters?
de
Change in the amount of surface
water in any water body?
ee
Discharge into surface waters, or
in any alteration of surface water
quality, including, but not limited
to, temperature. dissolved oxygen
or turbidity?
f®
Alteration of the direction or rate
of flow of ground waters?
Yes
No
X
X
X
X
X
Change in the quantity of ground
waters, either through direct addi-
tions or withdrawals, or through
interception of an aquifer by cuts
or excavations?
ho
Substantial reduction in the amount
of water otherwise available for
public water supplies?
Exposure of people or property to
water related hazards such as flood-
ing or tidal waves?
Plant Life. Will the proposal result in:
Change in the diversity of species,
or number of any native species of
plants (including trees, shrubs,
grass, crops, and aquatic plants)?
bo
Reduction of the numbers of any
unique, rare, or endangered species
of plants?
Co
Introduction of new species of
plants into an area of native
vegetation, or in a barrier to the
normal replenishment of existing
species?
do
Substantial reduction in acreage
of any agricultural crop?
Animal Life. Will the proposal result
in:
a®
Change In the diversity of species,
or numbers of any species of animals
(birds, land animals including rep-
tiles, fish and shellfish, benthic
organisms or ineectsJ?
bo
Reduction of the numbers of any
unique, rare or endangered species
of enimels'~
Co
Deterioration to existing fish or
wildlife habitat1
Yes
X
Maybe
No
10.
11.
12.
13.
Noise. Will the proposal result in:
a.-' Increases in existing noise levels?
b. Exposure of people to severe noise
levels?
Light and Glare. Will the proposal
produce substantial new light or glare?
Land Use. Will the proposal result in a
substantial alteration of the present or
planned land use of an area?
Natural Resources. Will the proposal
result in:
ae
Substantial increase in the rate of
use of any natural resources?
Substantial depletion of any non-
renewable natural resource?
Risk of Upset. Will the proposal
involve:
a®
A risk of an explosion or the release
of hazardous substances I including,
but not limited to, oil, pesticides,
chemicals or radiation) in the event
of an accident or upset conditions?
be
Possible interference with an emerg-
ency response plan or an emergency
evacuation plan1
Population. Will the proposal miter
the location, distribution, density, or
growth rate of the human population of
an areal
Housing. Will the proposal affect
existing housing or create a demand for
additional housing?
Transportation/Circulation. Will the
proposal result in:
Generation of substantial additional
vehicular movement?
Ye__~s
Maybe N...~o
X
X
Effects on existing parking.facili-
ties, or demand for new parking?
Substantial impact upon existing
transportation systems?
Alterations to present patterns of
circulation or movement of people
and/or goods?
ee
Alterations to waterborne, rail or
air traffic?
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians1
Public Services. Will the proposal have
substantial effect upon, or result in a
need for new or altered governmental
services in any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
de
Parks or other recreational
facilities?
e. Maintenance of public facilities,
including roads?
f. Other governmental services?
15. Energy. Will the prol~)sal reeult in:
16.
Use of substantial amounts of fuel
or energy?
Substantial Increase In demand
upon axisting sources of energy,
or require the development of new
sources of energy1
Utilitlea. Will the proposal result in
a need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
Yes
Maybe
No
17.
18.
19.
b. Communications systems?
c. - Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
Human Health. Will the proposal
result in:
ae
Creation of any health hazard or
potential health hazard lexcluding
mental health)?
be
Exposure of people to potential
health hazards?
Aesthetics. Will the proposal result
in the obstruction of any scenic vista
or view open to the public, or will the
proposal result in the creation of an
aesthetically offensive site open to
public view?
Recreation. Will the proposal result in
an impact upon the quality or quantity
of existing recreational opportunities?
20. Cultural Resources.
Will the proposal result in the
alteration of or the destruction'
of · prehistoric or historic
archaeological site?
be
Will the proposal result In adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
Ce
Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
de
Will the proposal restrict existing
religious or secred uses within the
potential impact area?
.Yes Maybe
No
BLANKIESIFORMS -6-
21.
Mandatory Findings of Significance.
a. Does the project have the potential
to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self
sustaining levels, threaten to
eliminate a plant or animal or
eliminate important examples of
the major periods of California
history or prehistory?
be
Does the project have the potential
to achieve short-term, to the
disadvantage of long-term, environ-
mental goals? I A short-term
impact on the environment is one
which occurs in a relatively brief,
definitive period of time while long-
term impacts will endure well into
the future. )
Does the project have Impacts which
are individually limited, but cumu-
latively considerable? I A project~s
impact on two or more separate
resources may be relatively eraell,
but where the effect of the total of
thoee impacts on the environment
is significant. )
de
Does the project have environmental
effects which will cause substan-
tial adverse effects on human beings,
either directly or indirectly?
Yes,
Maybe~
No
X
III
Discussion of the Environmental Evaluation
B LA N K I ES/FORMS -8-
ENVIRONMENTAL DETERMINATION
On the basis pf this initial evaluation:
I find that the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION will be
prepared.
I find that although the proposed project could have a signi-
ficant effect on the environment, there wilt not be a signi-
ficant effect in this case because the mitigation measures
described on attached sheets and in the Conditions of approval
have been added to the project.
A NEGATIVE DECLARATION WILL BE PREPARED.
I find the proposed project MAY have a significant effect on
the environment, and an ENVIRONMENTAL IMPACT REPORT is
required.
31 July 1990
Date
For CITY OF TEMECULA
qiVE::I iDE councY
rL nnln DEPA:ICfilEnC
ENVIRONMENTAL ASSESSMENT FORM:
ENVIRONMENTAL ASSESSMENT'~E.A.) NUMBER: ~)~
PROJECT CASE TYPE(s) AND NUMBERS(s): '~'~C.J~l
APPLICANT'S NAME: O~ _!'~_~:~,~ L.- ~
NAME OF PERSON(s) PREPARING E.A.: ~.
STANDARD EVALUATION
MODULE NUMBER(s): I1~
HO. 2-~110ct
PROJECT INFORMATION
DESCRIPTION (include proposed minimum lot eize and u~es as applicable): 'T~
B. TOTAL PROJECT AREA: ACRES '~'-{' ~-"~(J;~ ; or SQUARE FEET
C. ASSESSOR'S PARCEL NO.(s): C~"~O - ~lO -Ol~j ~¥V/'~ C~HO - ~)10-O,~.J~
D. EXISTING ZONING:
E. PROPOSED ZONING:
F. STREET REFERENCES:
THE PRO~OS~. ~N CONFORMANCE?
THE P. OPOSAL ~N CONFORMANCE?
SECTION,.TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION:
H. BRIEF DESCRIPTION OF THE EXISTING ENVIRONMENTAL SETTING OF THE PROJECT SITE AND ITS SURROUNDINGS:
II. COMPREHENSIVE GENERAL PLAN OPEN 1PACE AND CONSERVATION DESIGNATION
Check the ~oproj~tato oI3tk~l) bt~ Ifid pl'[011~ lCcx~ingly.
!'"] All or part of the project Iltl II In "Ado13ted Specific Planl," "REMAP" or "Rancho Villages Community
Po41cy A~®al". Complete 8ectlonl III, IV (!l l~cl C only), V and VI.
]l~ ~dl or part of the project ill i i~ "~tla Not DeMghlll(I td Open Space". Complele Sections III, IV
(A, BInd D o~ly}, V and VI.
[] All or part of the project site hu an Open Space and Conservation designation other than those mentioned
I III. ENVIRONMENTAL HAZARDS AND RESOURCE8 ASSESSMENT '~
Indicate the nature o! the proDosed land u~e as detain'timed from ~ de~Hp~nl ~ f~nd In ~mpmhensive ~neral ~an Figure
Vt.3 (Circ~ One). ~ll inf~ I~ ~~ to dateline ~s ~pr~Hate land u~ tu~bili~ ~tings in ~tion III.B.
NA - Not ~pll~le C~ ~nl~l N~-H~h Risk ~N~maI-Low Ri~
Indi~te w~ a ~s ~ ~ ~ (N) ~r any envi~~l h~:d ~/~ ~ ~ may Ngnif~ntly
by ~e pr~l. NI refere~ figurel we ~i~ h ~e ~r~enNve Ge~l ~n. ~ any ~ue mark~ yes ~) write
addltlo~l da~ ~ur~s, ag~s ~suH~, findings of ~ct ~d any mitigatl~ ~ures un~r ~fion V. N~. ~ere indicted.
circe ~e ~pr~dlte land u~ ~I~111W m ~ a~p~ili~ rating(s). (~ defin~ It ~fiom of ~i~ pa~).
HAZARDS
Alcluiet-Prioio Special Studlea or County Fault 12. 4k) Airport Noise (Fig. 11.18.5, 11.18.1 t
Hazard Zones (Fig. VI.1) & VL12 & 1984 AiCUZ Report, M.A.F.B.)
NA PS U R (Fig. VI:3) ~ A B C D (Fig, VIA 1)
Liquefaction Potential Zone (Fig. Vl.1) ~)~ '~ ~..~. 13. J~ Rallrold Noise (Fig. Vl.13-Vl.16)
NA $ ~ U R (Fig. Vl.4) ~"~ A B C O (Fig, Vl.11)
Groundshaking Zone (Fig VI.1) C4_a,-.~ ::32:: 14. ~ Highway Noise (Fig. V1.17 - VI.2g)
NA ~ P$ U R (Fig. VI.5) (~) A a C O (Fig, V1.11)
Slopes (Riv. Co. 800 Scale Slope Maps)
Landslide Riak Zone (Riv. Co. 800 Scale
Seismic Maline or On-~ite InapectJon)
S PS U R
Rockfall Hazard (On-site Inal:mctio~)
Expansive Solll (U.S.D.A. Soil
ConaervaUon Service Soil Surveys)
Erosion (U.S.D.A. Soil Conservation
Service Soil Surveys)
Wind Emosion A Blownand (Fig. VI.1,
Ord. 460, Sec. 14.2 & Ord. 484)
(Fig. 91.6)
18.
(Fig. 91.8)
18.
LI
19. JU
20. H
Other Noise
NA A B C D (Fig, V1.11)
Project Generated Noise Affecting
Notle Son$1five U~es (Fig. Vl.11 )
Nolle ~enlitive Project (Fig. VI.11)
Air Quality Impacta From Project
Pro~ect Sensitive to Air Quality
Water Quality Impacta From Project
21...~ Pro, cS Senaitive to Water Quality
22..AL. HazardQua Maimtale and Weetee
10. I~ Dam Inundation AMa (Fig. 91.7)
11. k/ Fiooclplalns (Fig. 91.7) 25 .... . Other
R
23. _.~ Hazamoua Fire Area(Fig. VI.30 - VI.31)
24. Other ~i,L,~IT~Cj~..~. ~
RESOURCES
26. KJ Agriculture (Iqg. 91.34- 91.35) 32.
27, ~ In or Near an Agricultuml Pmierve 33.
(Riv. Co. Ag,~:dtuml Land Conver~Uon
Confmcs MaI~!
2,.,.~ ..life (Fig. VI.3e-91.37)
Vegetation (Fig. 91.38 - 91.40}
30..~ Mineral Re~ouroe~ (Fig. 91.41 - 91.42) 3a. ,
31 Energy Re~)uroe~ (Fig. 91.43 - 91.44) 37.
~t~ Highwaya (Fig. VL45)
Hialmic Reeoumee (Fig. VI.32 - Vl.33)
Am~Mok~tcal .Reao~rcee ~c, ~'~5
(Fig. 91.32 - Vl.33 & 91.48- Vl.48)
~feentalagtcal Reeourc, e~
(Paleontologtcel Reaources Ma,o)
(:':.: ~'. ~--.','
Definltlonl for Land Ule Suitability and NoMe Acceptability Ratingl
NA - Not Kopltcable S - Generally Suitable PS - ProviNon&lly Suitable
U - Generally Unsuitable R - RMtrtcled A - Generally Acceptable
LAND USE DE'TERMINATION
Complete this part unie. the project Is located in "Adopted Specific; PlAns", "REMAP" or "Rancho
Villages Community Policy Areu."
1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(s):
2. LAND USE PLANNING AREA: '~::~"~WI='~'~'['-
3. SUBAREA, IFANY: '~,o~JC.4-~ C.,,~L..i~-OF~,~U)A
4. COMMUNITY POECY AREA, IF ANY: ~T":'.
5. COMMUNITY PLAN, IF ANY: .'.~~~J ~::::~:21"'" ~_~-.F~
6. COMMUNITY PLAN DESIGNATION(s), IF ANY: "~
7. SUMMARY OF POLICIES AFFECTING PROPOSAL:
For all projects, inidcate with a yes (Y) or no (N} whether any public factlitie~ and/o~' Ben/ices issues may significantly affect
or be affected by the proposal. All ref~'enced figures are contained in the Comprehensive General Plan. For any issue
marked yes (Y), wrffe data sources, agencies consulted, findings of fact, lind mitigation measures under Section V.
PUBUC FACILmE$ AND SERVICES
1. . C,.,lrculatJo~ (Fig. rv.l-lv.11. Diacuss in 10. ~
sec. v ExistJ~, Pinned & RKluired FIoade)
2,..[~ Bike TrIH, (Fig. IV.12 · IV.13) 11_ N
3. . Water (Agency Leltem) 12-
4, ~ (Agefi~'~f ~) 13.
5. Fire Sefvice~ (F)0. N. 16 - N.18) 14
6_tJ Shedff Servtce~ (F10 IV.17 - IV. 18)
?._~ Sc~x)ol. (Fig. IV.17- IV.18) 15.
&_.._ S~idWam(Fio. IV.17-1V.18) 10- JJ
o-/'J F'WkA m'M I'l~,,~.wtJ~ (no. iv. le- rv.20)17, ,
E~Je~tdln Trail8 (Fig. IV. 19 - N.24/
Riv. Co. 800 ~ Equestrian Trail Mac)s)
Utlat~ (Fig. N25 - N.26)
~ (Fig. N. 17 - N. 18)
~ ~e ._m4ce~__ (Fig. IV.17 - IV. 18)
,NrportB (Fig. 11.18.2 - 11.18.4,
#.18.8 - 11.18.10 & N.27 - IV.38)
City ~ of Influence
If ~ll or pad of the project il k)catad in "Adopted 8t:NlCifiC Planl", "REMAP" or "Rancho Villages Community Policy
Armaa", revtew in detail the Ipecific IX)#cl~ applying to the pfr.;~111, Ind complete lhe following:
1. State the relevant iend u~e de~tgnatted'qs):
2. Ba~ed on !hi~ Initial study, kl the pr~. 0ffl ~t with ltm policlim Incl dellgnatiot'm of the appropriate document,
and therefore cormlatent with ~ Gompmhena~ ~ Plan? If not, explain:
LAND USE DETERMINATION (comlnuid)
If aJl or part o~ the project site la In "A~eas not Designated as Op~ ~ce", mad la not in a Community Pla~, corr
que~tlo~$ 1, 2, 3, 6 and 7. Complete que~tiorts 4, 5, 6 and 7 If it is In a Community Plan.
1. Land use catego~/(ies) necessary to support the proposed project. Also indicate land use type
(i.e. residentiaJ, commercial, etc.)
o
Current land use cate~:~/~ies) for the site based on existing conditions. Also indicate land use type
(i.e. residential, commercial, etc.) C~,'T~K~ 'TT""-
3. If D.1 differs from D.2, will the difference be resolved at the development stage? Explain:
4. Community Plan clesignstio~(s):
Is the proposed project consistent with the policies and designations of the Community Plan?
If not, explain:
6. Is the proposal compatible with existing and proposed ~urmunding land uses?
If not, explain:
7. Based on this Initial ~tudy, il Ihe Prol:x3eal c~xtsistent with the Comprelmf~ve General Plan?
ff not, reference by Section Ind I~ue Number thcee ilaues Identifying inco'mistencies:
E. ff aJI oc part of the I:~ aite ks in an C)l~n E4xice and ~tlon clefnation, complete the following:
2. is the pn:)poe~ cxx~istont with the clealgnaticxXs)? tf not, oxp~n:
3. Baeed on this Initial ~tudy, is the propoeal conNaent with the ~Nve eerietel Plan?
If not, reference by Section and ~ Number Ihcee isau~ ldentl~ng incona~incI:
V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES
ADDITIONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED:
DATE
SECTION/ INFORMATION INFORMATION
ISSUE NO. ~ REOUIRED REQUESTED
DATE ADEQUACY
INFORMATION OETE~M~IATIOH
RECEIVED (YES/NO,DATE)
For each issue marked yes (Y) under Sectiona III.B and IV.B, Identify the Section and Issue number and Cid the
following, in the format ss shown below:
1. List all additional relevant data ~ourcea, including agencies consulted.
2. State all findings of fact regarding environmental concerns.
3. State specific mitigation measures, if identifiable without requiring an environmental impact report (E.I.R.)
4. If additional information is required before the environmental aseasament can be completed, refer to
Subsection A.
5. If additional sheets are needed to complete this ~ection, check the box at the end of the section and attach
the necessary sheets.
SECTION/
ISSUE NO.
SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES:
'~. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES (continued)
SECTION/
ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES:
See at~eched pages.
VI. ENVIRONMENTAL IMPACT DETERMINATION:
The project will not have · elgnit~ant effect ott the efwtrofwnef~t and · Negative Declaration may be
prepared.
(or)
The project could have · lignificant effect on the environmerit; hov,~vlr, there wtll not be · significant
effect in thie case because the mitigation meaaure8 deecrlbed In Sectlea V have been applied to the
project and · Nogltive Declaration may be prepared.
(oq
The project may have · significant effect on the environment and an Environmental Impact Report
Nilme: rt·te:
Prepared by
RESOLUTION NO. 90-
A RES_OLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING TENTATIVE PARCEL
MAP NO. 23969 TO SUBDIVIDE A 21,56 ACRE PARCEL
INTO 4 LOTS ON RIDGE PARK DRIVE, SOUTH OF
RANCHO CALIFORNIA ROAD.
WHEREAS, Omdahl Enterprises filed Tentative Parcel Map No. 23969 in
accordance with the Riverside County Land Use, Zoning, Planning and Subdivision
Ordinances, which the City has adopted by reference;
WHEREAS, said Tentative Parcel Map application was processed in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered said Tentative Parcel
Map on September 17, 1990, at which time interested persons had an opportunity to
testify either in support or opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said Tentative Parcel Map;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Findincls. That the Temecula Planning Commission hereby
makes the following fi~-~ngs:
A. Pursuant to Government Code Section 65360, a newly
incorporated City shall adopt a general plan within thirty (30) months
following incorporation. During that 30-month period of time, the city
is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the
general plan, if all of the following requirements are met:
(1) The City is proceeding in a timely fashion with the
preparation of the general plan.
(2) The planning agency finds, in approving projects and
taking other actions, including the issuance of building
permits, each of the following:
la)
There is a reasonable probability that the
land use or action proposed will be consistent
with the general plan proposal being
considered or studied or which will be
studied within a reasonable time.
lb}
There is little or no probability of substantial
detriment to or interference with the future
FORMS\RES-TTM
Ic)
adopted general plan if the proposed use or
action is ultimately inconsistent with the
plan.
The proposed use or action complied with all
other applicable requirements of state law and
local ordinances.
B. The Riverside County General Plan, as amended by the
Southwest Area Community Plan, {hereinafter "SWAP") was adopted
prior to the incorporation of Temecula as the General Plan for the
southwest portion of Riverside County, including the area now within
the boundaries of the City. At this time, the City has adopted SWAP as
its General Plan guidelines while the City is proceeding in a timely
fashion with the preparation of its General Plan.
C. The proposed Tentative Parcel Map is consistent with the
SWAP and meets the requirements set forth in Section 65360 of the
Government Code, to wit:
{1) The City is proceeding in a timely fashion with a
preparation of the general plan.
{ 2) The Planning Commission finds, in approving projects
and taking other actions, including the issuance of
building permits, pursuant to this title, each of the
following:
There is reasonable probability that
Tentative Parcel Map No. 23969 proposed will
be consistent with the general plan proposal
being considered or studied or which will be
studied within a reasonable time.
lb)
There is little or no probability of substantial
detriment to or Interference with the future
adopted general plan if the proposed use or
action is ultimately inconsistent with the
plan.
Ic)
The proposed use or action complies with all
other applicable requirements of state law and
local ordinances.
D. Pursuant to Section 6.5, no Tentative Parcel Map may be
approved unless the applicant demonstrates the proposed use will not
be detrimental to the health safety and welfare of the community, and
further, that any Tentative Parcel Map approved shall be subject to
such conditions as shall be necessary to protect the health, safety and
general welfare of the community.
E. As conditioned pursuant to SECTION 3, the Tentative
Parcel Map is compatible with the health, safety and welfare of the
FORMS\RES-TTM 2
!
community.
SECTION 2. Environmental Compliance.
An Initial Study prepared for this project indicates that the proposed
project will not have a significant impact on the environment, and a Negative
Declaration, therefore, is hereby granted.
SECTION 3. Conditions.
That the City of Temecula Planning Commission hereby approves
Tentative Parcel Map No. 23969 for the subdivision of a 21.56 acre parcel into four
14) lots located at Ridge Park Drive, south of Rancho California Road, subject to the
following conditions:
A. Exhibit A, attached hereto.
PASSED, APPROVED AND ADOPTED this 17th day of September, 1990.
DENNIS CHINIAEFF
CHA I RMAN
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 day of , 1990 by the following vote of the
Council:
AYES:
NOES:
^ BSENT:
PLANNING COMMISSIONERS
PLANNING COMMISSIONERS
PLANNING COMMISSIONERS
FORMS\RES-TTM 3
APPLICANT'S ACKNOWLEDGMENT
I have read, understand and accept the conditions for approval set forth
herein above in this Resolution of approval for Tentative Parcel Map No. 23969.
DATED: By
Name
Title
FORMS\R ES-TTM ~I
CITY OF TERECULA ENGINEERING DEPARTRENT
FEES AND SECURITIES REPORT
PARCEL MAP / TRACT NO. 23969
DATE 12/10/90
FAITHFUL PERFORMANCE
SECURITY
IMPROVEMENTS
Streets and Drainaq. e $
20,000.00
N/A
N/A
20,000. O0
Water $
Sewer
TOTAL $
*Maintenance Retention (10% for one year)
*(or Bonds if work is completed)
Monument Security
City Traffic Signing and Striping Costs
RCFC Drainage Fee Due
Signalization Mitigation Fee - SMD ~9
Road and Bridge Benefit Fee
Other Developer Fees
Plan Check Fee Due
Inspection Fee Due
Monument Inspection Fee
Fee Paid To Date (Credit)
Total Inspection/Plan Check Fees Due
MATERIAL & LABOR
SECURITY
$ 10. 000.00
$ N/A
$ N/A
$ lO,OOO. oo
$ 2,000.00
$ 1,540.00
$ -0-
$ 75,559.71
$ 37,747.50
$ -0-
$ -0-
$
$
$
$
$
1,942.00
860.06
-0-
-0--
2,802.06
STAFFRPT~FPM 23969
4
ITEM NO. 9
APPROVAL
CITY ATTO RNEY~Z._C
FINANCE OFFICER
CITY MANAGER v
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
SUBJECT:
DATE:
City Manager/City Council
Mr. Joe H reha, Manager of Information System
RESOLUTION AUTHOR/ZING A HOUSEHOLD
HAZARDOUS WASTES GRANT APPLICATION
February 5, 1991
RECOMMENDATION:
DISCUSSION:
FISCAL IMPACT:
A TTA CHMENTS:
Adopt a resolution authorizing an application to be
submitted to the California Integrated Waste
Management Board (CIWMB) for a Household
Hazardous Wastes (HHW) program grant to be
executed by the City Manager.
The CIWMB announced that $4M is available for grant
funding for new or expanded HHW programs. Each
grant shall not exceed $120K. See Attachment A.
The City of Temecula does not currently have a HHW
program and is eligible for a grant. Therefore, Staff is
developing our HHW program and preparing the grant
application. The resolution at Attachment B is a
requirement for the grant and will become a part of the
grant application.
With grant approval, up to a maximum of $120K will
be available for our HHW program.
A
B
CIWMB letter of November 30, 1990
Proposed Resolution 91- Authorizing a
Household Hazardous Wastes Grant Application
STATE OF C,MAFORNIA
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
1020 Nin:h S~ree:, Suite 300
Sacramento, Cau:'omia 95814
November 30, 1990
GEORGE DEU.~MEJiAN, Governor
Dear Discretionary Grant Applicant:
The California Integrated Waste Management Board is accepting applications for discretionary grants
for :he Household Hazardous Waste Grant Program for g-rant year 1989/90. The enclosed application
manual provides instructions for completing the application forms and for responding to the elements
upon which the application will be evaluated. The application period begins Monday, December 3,
1990, and ends at 4:00 p.m. on Friday, February 22, 1991. Applications received after this time and
date will be returned unopened.
Eligibility
Cities, counties, and local agencies with responsibility for waste management are eligible to apply for a
discretionary grant. Grant funds will be used to fund proposed or implemented household hazardous
waste (HIWvV) programs that prevent the disposal of HHW in solid waste landfills.
Funding Available
Annual funds available for the HHW Grant Program total $4,000,000. The revenues remaining after all
non-discretionary grants have been awarded will be used to fund discretionary grants. For this grant
year, the funds available will not be determined until February 1991, after the Board has awarded all
non-discretionary grants. Any individual discretionary grant shall not exceed $120,000.
Eligible Applications
Applications will be accepted for proposals and for reimbursement of implemented programs as
outlined below. For purposes of this grant program, 'proposal' constitutes a program that has not
been implemented prior to the close of the discretionary grant application period i.e., February 22,
1991, for this grant year.
Proposals
To establish and implement a new program.
To add a service or capability to an existing program.
Reimbursement
Requests for additional reimbursement for non-discretionary grants received
this grant year.
Requests for reimbursement for programs implemented in fiscal year
1989/90 from jurisdictions that were eligible to apply for a non-
discretionary grant this grant year but did not do so.
If you have questions on preparing the grant application or need information on the grant program,
please call Sharron Leaon at (916) 322-8750 or Anna Ward at (916) 322-1440.
Sincerely,
H. Fernando Berton, Manager
Household Hazardous Waste Management Program
Attachment
-- Printed on Recycled Paper --
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AUTHORIZING HAZARDOUS
WASTES GRANT APPLICATION
WHEREAS, the City of Temecula recognizes that is in the public interest to enact and
implement and integrated waste management plan to address the state's diminishing landfill space
and the potential adverse environmental impacts for landfilling; and
WHEREAS, funds are available, pursuant to the provisions of Public Resources Code
Sections 46400 and 46401 from the Solid Waste Management Fund, for grants to local
governments to establish and implement waste diversion and separation programs to prevent
disposal of hazardous waste, including household hazardous waste, in solid waste landfills;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS;
SECTION 1. City Council of the City of Temecula authorizes the submittal of an
application to the California Integrated Waste Management Board for a Household Hazardous
Waste Grant. The city manager of the City of Temecula is hereby authorized and empowered
to execute in the name of City of Temecula all necessary applications, contracts, agreements and
amendments to secure grant funds and to implement and carry out the purposes specified in the
application.
SECTION 2. The City Clerk shall certify the adoption of this Resolution.
SECTION 3. The City shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED, this 12th day of February, 1991.
ATTEST:
Ronald J. Parks, Mayor
June S. City Clerk
[SEAL]
3~¢~a124 -1-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City Temecula at a regular meeting thereof, held on the 12th day of February,
1991 by the following vote of the Council:
AYF.,S:
C OUNCILMEMBERS:
NOF~:
COUNCILMEMBERS:
ABSENT:
C OUNCILMEMBERS:
June S. Greek, Deputy City Clerk
3/Rcaoa 124 -2-
ITEM NO. 10
APPROVAL
CITY ATTORNEY
FINANCE OFFICER,~__..~..
City MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
SUBJECT:
DATE:
City Manager/City Council
Mr. Joe Hreha, Manager of Information Systems,~/~
SUPPORT FOR THE TEMECUI A HIGH SCHOOL
EARTH CLUB'S PAPER RECYCLING PROGRAM
February 6, 1991
RECOMMENDA T/ON:
DISCUSSION:
FISCAL IMPACT:
Authorize the City Manager to send a letter to the Earth
Club accepting their offer to pick up and recycle all City
Hall white, colored, and computer paper and newsprint.
Attached is a letter from Mr. Jeff Haines, Temecula Valley
High School Earth Club President, requesting that the City
of Temecula donate all white, colored, and computer paper
and newsprint to the Earth Club 'for recycling. Inland
Disposal will pick up the City Hall paper and pay the City an
average of $80.00 a ton; however, consolidation has taken
place but pick ups have yet to occur. The Earth Club will
pick up all of the paper and perform the recycling effort.
The profits derived will be retained by the Earth Club to
fund other recycling, waste diversion, and public waste
management education projects that they have planned.
Staff supports the Earth Club's goals and objectives as long
as the profits are used to support the Club's goals and
objectives. Therefore, the monies derived from this
donation will be far outweighed by the Club's efforts in
waste management.
To date, funds have not been collected from our recycling
efforts and the anticipated revenue has not been budgeted.
Therefore, no fiscal impact exists. However, it is noted
that potential revenue (roughly estimated at $500 annually)
is indirectly being diverted to the Earth Club.
ATTACHMENTS: Mr. Jeff Haines' letter of January 23, 1991
January 23, 1991
David Dixon, City Manager
City of Temecula
P.O. Box 3000
Temecula, California 92390
Dear Mr. Dixon
As you may know, the Temecula Valley High School Earth Club
is currently beginning its white/colored paper recycling
program within the school district.
In addition, several businesses have expressed interest in
recycling their paper through our club.
As I understand, the City has already started saving its paper,
in the hopes of soon having it recycled.
Due to the circumstances, I believe that we can help each other
in our efforts through an agreement, in which the Earth Club
would come to the office to pick up the paper, as often as
necessary.
The club, of course, would make the profit, but such an agreement
would relieve the City of the burden of having to haul away the
paper.
Please consider this idea. If you think of any other ways in
which the city and school can work together, please let me know.
Thank you.
Sincerely
Jeff Haines
T.V.H.S. Earth Club President
677-9299
ITEM NO. 1 1
PP OW .
CITY ~%N~GER ~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council / City Manager
Rick Sayre
Chief of Police
February 12, 1991
Great Temecula Rod Run
RECOMMENDATION:
That the City Council approve the temporary road closure of Front
Street between 6th and 2nd Streets on February 24th, 1991 and that
a Temporary Outdoor Event Permit be issued to the Temecula Town
Association.
BACKGROUND:
The Temecula Town Association is sponsoring the Great Temecula Rod
Run on February 24, 1991. The event will involve the closure of
Front Street between 6th and 2nd Streets during the hours from 5:00
A.M. to 3:00 P.M. All concerned City Departments have approved the
event plan as submitted by the Temecula Town Association.
The Town Association is requesting relief from the fees associated
with the event permit. It is Staff's recommendation that the
request be approved for this event because of prior rent free use
of Temecula Town Association facilities.
FISCAL IMPACT:
A basic Outdoor
Event fee is $171.00
ITEM NO. 12
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER ~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECUI. A AGENDA REPORT
City Council/City Manager
Chief Building Official
February 12, 1991
Consideration of Adoption of a Modification to the City Building Codes by
Adding a Chapter for the Mitigation of Unreinforced Masonry Buildings.
RECOMMENDATION:
ordinance entitled:
Conduct a public hearing and read by title only and adopt an
ORDINANCE NO. 91-04
AN ORDINANCE OF THE CITY COUNCIl- OF THE CITY OF TEMECUI,A
AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO
THE "UNIFORM BUII,DING CODE" OF THE CODE OF THE CITY OF
TEMECULA BY THE ADDITION OF SECTION 4-K, WHICH MODIFIES
THE 1988 EDITION OF THE UNIFORM BUII,DING CODE, AS ADOPTED
BY SAID CITY, 8YADDING CHAPTER 71, FOR THE PURPOSES OF THE
IDENTIFICATION OF SEISMIC HAZARDS AND THE MITIGATION
THEREOF AS REQUIRED BY GOVERNMENT CODE 8875 ET SEQ
BACKGROUND: The Building Official is proposing to modify the currently adopted 1988
edition of the of the Uniform Building Code, by adding a Chapter 71. The purpose of the
Chapter is to establish a Hazardous Building Mitigation Program complying with the
requirements of the Unreinforced Masonry (URM) Building Law (Senate Bill 547).
The proposed modification to the Uniform Building Code defines the procedure for property
owner notification, structural analysis of the buildings, reporting of analysis results, and
implementation of subsequent strengthening work.
Once the URM Ordinance has been adopted, the Building Official will complete his survey of
potentially affected buildings and notify the owners of the requirements under this ordinance
and SB 547. The law provides an opportunity for each owner to appeal any determinations
made by the Building Official under this ordinance.
Agenda Report- URM Ordinance Adoption
February 12. 1991
Page 2.
A public hearing date of February 12, 1991, has been set to hear any objections to the
adoption of the proposed modifications to the City Building Codes.
Attachments:
Ordinance 91-04
AJE:jsg
ORDINANCE NO. 91-04
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AMENDING PORTIONS OF
ORDINANCE NO. 90-04 PERTAINING TO THE
UNIFORM BUILDING CODE" OF THE CODE OF
THE CITY OF TEMECULA BY THE ADDITION OF
SECTION 4-K, WHICH MODIFIES THE 1988
EDITION OF THE UNIFORM BUILDING CODE, AS
ADOPTED BY SAID CITY, BY ADDING CHAPTER
71, FOR THE PURPOSES OF THE IDENTIFICATION
OF SEISMIC HAZARDS AND THE MITIGATION
THEREOF AS REQUIRED BY GOVERNMENT CODE
8875 ET SEQ.
WHEREAS, City Ordinance No. 90-04 adopted by reference portion of the
non-certified Riverside County Ordinance, including Ordinance No. 457.73,
pertaining to the Uniform Building Code; and,
WItEREAS, Temecula, like most California Cities is subject to periodic earthquakes;
and,
WHEREAS, SB 547, now codified as Government Code Section 8875 et seq., enacted
by the State of California in 1986 requires that all cities within Seismic Zone 4 to identify all
potentially hazardous buildings and to establish a program for mitigation of identified potentially
hazardous buildings; and,
WHEREAS, in the City of Temecula there are several unreinforced masonry structures
which may be subject to SB 547.
NOW, THEREFORE, The City Council of the City of Temecula does hereby ordain
as follows:
SECTION 1. Section 4, "Uniform Building Code", of Ordinance No. 457.73 as adopted
by City Ordinance No. 90-04 is hereby amended by the addition of a new subsection (K) as
further amendments to the 1988 edition of the Uniform Building Code to read as follows:
Section 4-K Chapter 72 is hereby added to read as follows:
Chapter 71
SEISMIC HAZARDS IDENTIFICATION PROGRAM
3/Ords 91-04 -1-
Sections 71.01 o 71.09
71.01
71.02
71.03
71.04
71.05
71.06
71.07
71.08
71.09
71.10
71.11
71.12
71.13
Purpose
Definitions
Potentially Hazardous Buildings
Exemptions
Identification Process
Final Listing of Potentially Hazardous Buildings
Order and Recordation
Appeal from Order
Engineering Reports
Responsibilities of Building Owners
Status Reports
Abatement of Dangerous Buildings
Remedies
71.0! Purpose
The purpose of this Section is to promote public safety by identifying those
potentially hazardous buildings in Temecula and establish a program to mitigate potential hazards
as required by SB 547, Government Code Section 8875 et seq.
71.02 Definitions
(a) "Beating wall" means any wall supporting a floor or roof where the total
superimposed load exceed one hundred (100) pounds per linear foot, or any unreinforced
masonry wall supporting its own weight when over six (6) feet in height.
(b) "Building," for the purpose of determining occupant load, means any
contiguous or interconnected structure; for purposes of engineering evaluation means the entire
structure or a portion thereof which will respond to seismic forces as unit.
(c) "Building Geometry" means a building's shape or configuration, including
setbacks or wall/column lines, reentrant corners, discontinuities in vertical and horizontal lateral
force diaphragms, open storefront and building stiffness variations due to the distribution of
resisting elements or the use of material of differing properties within the same structural
element, or other irregularities in plan or elevation.
(d) "Capacity for transfer" means the maximum allowable capacity of a
structural system or connection to resist in a ductile manner the lateral forces it would encounter
due to earthquake forces.
(e) "Civil Engineer or Structural Engineer" means an active, licensed civil or
structural engineer registered by the State of California pursuant to the rules and regulations of
3/Ords 91-04 -2-
Title 16, Chapter 5 of the California Code of Regulations.
(0 "External hazard" means an object attached to or forming the exterior facade
of a building which may fall onto pedestrians or occupants of adjacent buildings. Examples of
this type of hazard include, but are not limited to, the following:
concrete.
1. Nonstructural exterior all panels, such as masonry infill or decorative precast
2. Parapets.
3. Marquees, awnings or other roof-like projections from a building.
4. Masonry or stone wall veneer and wall ornamentation, including cornices or
other decorative appendages.
5. Masonry chimneys.
6. Tile roofing.
7. Wall signs and exterior lighting fixtures hung from a building exterior.
8. Fire escapes or balconies.
(g) "Occupants" means the total occupant load of a building determined by Table
33-A of the 1988 Uniform Building Code of the actual maximum number of occupants in that
building if that number is less than seventy five percent (75 %) of the number determined by
using Table 33-A. The number of actual occupants may be documented by counting actual
seating capacity if permanent seating is provided in occupancy, or by employee and client counts
which can be substantiated as a practical maximum use of the space in the building. The
Building Official will establish the procedure for documenting occupant loads.
(h) "Solution" means any justifiable method that will provide for the transfer of
lateral forces through a system or connection to a degree which will substantially eliminate a
potential collapse failure. A general description of the methods and materials to be used shall
be included in sufficient detail to allow for a cost estimate of the solution to be made (i.e.,
adding shear walls, overlaying horizontal diaphragms, strengthening critical connections, etc.).
(i) "Unreinforced masonry (URM) building" means any building containing walls
constructed wholly or partially with any of the following materials:
1. Unreinforced brick masonry.
2. Unreinforced concrete masonry.
3lOrds 91-04 -3-
3. Hollow clay tile.
4. Adobe or unburned clay masonry.
Unreinforced refers to construction without imbedded metal rebar of 3/8" diameter
minimum or wire mesh meeting engineering standards for the specific building type in question.
(.j) "Unreinforced masonry (URM) wall" is a masonry wall in which the area of
reinforcing steel is less than t,qenty five percent (25%) of that required by the Building Code
for reinforced masonry.
(k) "Unreinforced masonry bearing wall" is a URM wall which provides the
vertical support for a floor or roof for which the total superimposed load is over one hundred
(100) pounds per linear foot of wall.
71.03 Potentially Hazardous Buildings.
The provisions of this Chapter shall apply to all existing buildings in Seismic Zone
4 having at least one unreinforced masonry bearing wall.
provisions of the Building Code shall apply.
71.04
Except as provided herein, all other
Exemptions
This Chapter shall not apply to:
1. Detached one or two family dwellings and detached apartment houses
containing less than 5 dwelling units and used solely for residential purposes.
2. Essential Facilities as defined in Table 23-K of the Building Code.
3. Hazardous Facilities as defined in Table 23-K of the Building Code.
4. Buildings designated as historical landmarks or preservation districts as
designated by ordinance of the City Council, provided such buildings comply with all the
requirements provided in said Ordinance.
5. Federal Buildings, State Buildings and Public Schools, for which the City has
no jurisdiction.
6. Buildings which have been structurally upgraded in substantial accordance with
the 1973, or later, edition of the Uniform Building Code.
71.05 Identification Process
3lOrds 91-04 4-
(a) Survey. The Building Official will cause to be completed a survey of
structure in the community and research of available records to develop preliminary list of
potentially hazardous buildings. As required by SB 547, the Building Official will cause said
list to be submitted to the California Seismic Safety Commission.
(b) Initial Owner Notification. The property owners whose buildings have been
identified on the preliminary list shall be notified by the City that their building has been
identified as being potentially hazardous within the scope of this Ordinance, and that if this
building is on the final listing that they will be required to have an engineering report prepared
on the structural adequacy of this building. The initial notification will include a request of
submission of any and all information within ninety (90) days as to the building's age, structure,
occupancy, repairs or improvements to strengthen the building, and documentation if their
structure may qualify for an exemption.
71.06
Final Listing of Potentially Hazardous Buildings
At a scheduled public hearing, notice of which will be provided to the property
owners of each building on the preliminary list, the City Council will consider all evidence,
testimony and the recommendations of Building and Safety in developing a final Listing of
Potentially Hazardous Buildings.
71.07
Order and Recordation
Within thirty (30) days of the City Council's determination, the City Clerk shall
cause to have issued an order to each and every owner of buildings on the final Listing of
Potentially Hazardous Buildings. The order shall be in writing and shall be served either
personally or by certified or registered mail upon the owner as shown on the last equalized
assessment, and upon the person, if any, in apparent change or control of the building. The
order shall specify that the building has been determined by the City to be within the scope of
this Ordinance, and, therefore is required to prepare an engineering report as outlined in Section
71.08 of this Ordinance. Said engineering report shall be submitted to the City's Building and
Safety Division within six (6) months of the date of the mailed notice.
At the time that the aforementioned order is served, the City Clerk shall file with
the office of the County Recorder a certificate stating that the subject building is within the scope
of this Ordinance and that the owner has been ordered to structurally analyze the building and
file an engineering report with the City within (6) months of that date.
71.08
Appeal from Order
The owner of the building may appeal the building official's initial determination that the
building is within the scope of this Chapter to the Board of Appeals established by Section 204
of the Building Code. Such appeal shall be filed with the Board within thirty (30) days from
the service date of the order described in Section 71.07 of this chapter. Any such appeal shall
3lOrds 91-04 -5-
be decided by the Board no later than ninety (90) days after writing and the grounds thereof shall
be stated clearly and concisely. Appeals or requests for modifications from any other
determinations, orders or actions by the building official pursuant to the Chapter shall be made
in accordance with the procedures established in Sections 105 and 106 of the Building Code.
71.09
Engineering Reports
(a) Preparation of Reports. Building owners of potentially hazardous buildings shall
employ a civil or structural engineer to prepare the investigation and engineering report outlined
below and as referenced to Appendices A and B.
(b) Purpose. The engineer shall investigate, in a thorough and unambiguous fashion,
the building's structural systems that resist the forces imposed by earthquakes and to determine
if any individual portion or combination of these systems is inadequate to result in a structural
failure (collapse or partial collapse).
(g) General. Each building shall be treated as an individual case without prejudice or
comparison to similar type or age building which may have greater or lessor earthquake
resistance. Generalities or stereotypes are to be avoided in the evaluation process by focusing
on the specifics of the structural system of the building in question and the local geology of the
land on which the building is constructed.
(d) Level of Investigation. Some buildings may require extensive testing and field
investigation to uncover potential structural deficiencies, while others will allow the same level
of overall evaluation by a less complicated process due to the simplicity of design or the
availability of original or subsequent alteration design or construction documents.
(e) Format for the Report. The following is a basic outlined of the format each
engineering report should follow. This outline shall not be construed to be a constraint on the
professional preparing the report, but rather to provide a skeleton framework within which
individual approaches to assembling the information required by the Ordinance may be
accomplished. It shall serve as a means for the City to evaluate the completeness of each report.
1. General Information. A description of the building including:
(i) street address;
(ii)
the type of occupancy use within the building, with separate uses that generate
different occupant loads indicated on a plan showing the square footage of each
different use;
(iii)
plans and elevations showing the location, type and extent of lateral force
resisting elements in the buildings (both horizontal and vertical elements);
3lOrds 91434 -6-
(iv)
a description of the construction materials used in the structural elements and
information regarding their present condition;
(v)
the date of original construction, if known, and the date, if known, of any
subsequent additions or substantial structural alterations of the building; and
(vi)
the name and address of the original designer and contractor, if known, and the
name and address of the designer and contractor, if known, for any subsequent
additions or substantial structural alternations.
2. Investigation and Evaluation of Structural Systems. All items to be investigated and
the methods of investigation for each type of building under consideration are contained in
Appendices A and B, attached hereto.
3. Test Reports. All field and laboratory test results shall be included in the report.
Evaluation of the significance of these test results shall be made with regard to each structural
system or typical connection being evaluated. This evaluation may be limited to a statement of
the adequacy or inadequacy of the system or connection based on the lateral load demand it
would be required to resist by calculation. If tests reveal inadequacy, a conceptual solution must
be included in the report.
4. Conclusions. Based on the demand/capacity ratio and the specific evaluation items
contained in Appendices A and B, a statement shall be provided explaining the overall
significance of the deficiencies found to exist in the building's lateral force resisting system
regarding potential collapse or partial collapse failure.
5. Recommendations. An appropriate solution, which could be used to strengthen the
structure to alleviate any collapse or partial collapse threat, shall be specified.
(f) Exceptions and Alternatives. Exceptions to the specific items required to be included
in an engineering report may be granted by the Building Official upon review of a written
request from the engineer preparing the report. Such a request shall provide evidence that
adequate information concerning the required items(s) can be determined by alternate means or
that conclusion can be made about the item without following the solution called for in the
appropriate appendix. The purpose of granting such exceptions shall be to reduce the costs or
disruption that would result from taking required actions, when it can be shown that they are
unnecessary to provide information available by other equivalent means. In no case will an
exception be granted which would result in an item not being completely evaluated. The
decision of the Building Official in granting exceptions is final.
71.09
Review of Reports
(a) City Building and Safety Officials will review the report, with the assistance of civil
and structural engineers as necessary, to determine whether the report conforms with the
3/Ords 91-04 -7-
requirements of this Ordinance.
(b) The cost of this review shall be recovered by a fee assessed from the building owner
based on the time required for the review. This fee amount may be deducted from or partially
credited to the plan checking fee collected for any future construction work that deals directly
with correcting any of the structural inadequacies specified in the engineering report.
(c) Copies of the engineering report shall be available to interested individuals for a
standard copying fee or may be reviewed at the Building and Safety Offices during regular office
hours.
71.10
Responsibilities of Building Owners
(a) Availability of Report. The report shall be available to the tenants of the buildings.
(b) If the building is found in compliance, another notice of that fact will be recorded
to that effect.
(c) Letter of Intent. A building owner shall submit a letter to the City Building and
Safety Office within six (6) months of the date the engineering report was submitted, indicating
the owner's intentions for dealing with the potential collapse hazards found to exist in the
building.
71.11 Status Reports
The Building Official shall submit periodic reports, not less than annually, to the City
Council on the status of the seismic hazards identification program. The reports shall include
information regarding the number of buildings analyzed, the severity of the structural
inadequacies discovered and any action taken by individual building owners to correct these
inadequacies.
71.12
Abatement of Dangerous Buildings
It satisfactory progress is not made or intent plans of the building are not followed, the
City may process the structure as a Dangerous Building pursuant to City Building Code Section
203, et. seq.
71.13 Remedies
It shall be unlawful for the owner of a building identified as being in the scope of this
Ordinance to fail to submit a report on either building collapse hazards or external hazards,
provide notice or to fail to submit a letter to intent within the time periods specified in this
Ordinance. The following remedies are available to the City:
3lOrds 91-04 -8-
a. The City may seek injunctive relief on behalf of the public to enjoin a building
owner's violation of this Ordinance.
b. A building owner violating this Ordinance shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punishable in accordance with Section 1.01.200 of Code of the City
of Temecula.
SECTION 2. The City Council Hereby finds that this Ordinance is categorically exempt
from the California Environmental Quality Act (CEQA) pursuant to Sections 15031(d), 15309
and 15321, pursuant to the State CEQA Guidelines.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance, 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. 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, subsections, subdivisions,
sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and cause
it to be posted in at least three public places in the City.
PASSED, APPROVED AND ADOPTED this 12th day of February, 1991.
Ronald J. Parks, Mayor
A~FEST:
June S. Greek, City Clerk
[SEAL]
3lOrds 91-04 -9-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 91.-04 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 22nd day of January, 1991, and that thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day
of February, 1991, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, City Clerk
3/Ords 91-04 -10-
ITEM NO. 13
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
MEETING DATE:
SUBJ£C~
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
City Clerk
February 12, 1991
Community Development Block Grant Funds
RECOMMENDATION: Invite public input and proposals relative to community
projects which may be eligible to receive Community Development Block Grant
(CDBG) Funds.
BACKGROUND: The County of Riverside Economic Development Department
annually presents the county-wide applications for Community Development Block
Grants to the Board of Supervisor. It is necessary for each City to solicit input from
the community at a public meeting, and at a subsequent meeting make decisions
regarding those projects whose applications the City wishes to sponsor for CDBG
funding. This years deadline for applications to be filed with the Economic
Development Department is March 8th.
It is not necessary that this meeting be a formal Public
Hearing, but we have asked our local press to publish notification of this input
session. I will schedule this matter on the agenda of February 26, 1991 for your final
consideration.
COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
COUNTY OF RIVERSIDE
CITIZEN PARTICIPATION PROGRAM
MAY 1989
O
'OF
OUNTy
N CAt. ~0~"~ /
¥9, 15q~.~
RIVERSIDE COUNTY BOARD OF SUPERVISORS
Walter P. Abraham, First District
Melba Dunlap, Second District
Kay Ceniceros. Third District
Patricia "Cork)," Larson, Fourth District
A. Norton Younglove, Fifth District
RIVERSIDE COUNTY ' 3499 TENTH ST. ' P.O. 80X 1180 · RIVERSIDE, CA 92502 ® (714) 788-9770 · FAX (714) 788-1415
AVIATION · ECONOMIC & COMMUNITY DEVELOPMENT · REDEVELOPMENT
3anuary 17, 1991
'Mr. David F. Dixon
City Manager
City of Temecula
P.O. Box 3000
Temecula, CA 92390
Dear Mr. Dixon:
R'ECEJVED
File: 17th Year
RE: 17TH PROGRAH YEAR CONMUNITY DEVE'LOPHENT BLOCK GRANT PROC-.-.-.-.-.-.-.-.-~{AM
As we look forward to the 17th Program Year (1991-92) of the Comaunity
Development Block Grant (C08G)- Program, now is the time to begin the
identification of activities that will benefit your city. Activities funded
in the past through the C08G Program include parks, roads, water and sewer
lines, flood control facilities, fire equipment and to a limited extent,
public services.
To be eligible for COBG funding, a project must meet one of the following
three primary objectives:
1. Activities primarily benefiting low and moderate income persons.
2. Activities which aid in the prevention or elimination. of slums or
blight.
Activities designed to meet community .development needs having a
particular urgency.
To qualify under the prevention or elimination of slums or blight category,
the activity must meet the State .of California definition of slums or blight,
or the community must be located in a designated redevelopment area.
For the 17th Program Year, we estimate that an amount-in excess of $5,000,000
will be made available to Riverside County ~nd its participating cities. The
exact amount to be made available should be confirmed by ,the U,S; Oepartment
of Housing and Urban Development some time in early 1991.
CDBG Program
17th Program Year
Oanuary 17, 1991
Page 2
Federal COBG regulations require the city to provide for and encourage citizen
participation, with particular emphasis on participation by persons of low and
moderate income. It is imperative, therefore, that public hearings be
provided to obtain citizen views and to respond to proposals and questions at
all stages of your community development program. To this end, I am attaching
a copy of the County's Citizen Participation Plan for your review and
implementation.
Please be reminded that Federal CDBG regulations require each City to ~rovide
for and encourage citizen participation with particular emphasis on
participation by residents of low and moderate income neighborhoods. Cities are
required to hold at least one public meeting to discuss proposed uses of
Community Development Block Grant funds, and are encouraged to use a variety
of methods to gather input from their citizens regarding potential
activities. You are further required to submit copies of public notices of
such meetings to our department as part of the application process.
I strongly recommend that your City Council not act with recommendations at
the public meeting/hearing level. This will provide a meaningful opportunity
for public participation. Furthermore, it will allow staff time to review any
potential applications or work with a community group in the development of an
application.
CDBG Program Entitlement Fund Project Application forms are enclosed.
applications must be submitted by March 8, 1991.
All
Should you have any questions or require additional information, please
contact me at (714) 788-9770.
SMW:njb
(0440S)
Enclosure
cc: Mayor
Very truly yours,
SUSAN MANEE-W/~4SLEY
Deputy Director - Grants
RIVERSIDE COUNTY · P.O. BOX 1180 · 3499 TENTH ST. · RIVERSIDE, CA 92502 · (714) 788-9770 · FAX (714) 788-1415
AVIAllON · ECONOMIC & COMMUNITY DEVELOPMENT · REDEVELOPMENT
COUNTY OF RIVERSIDE
Community Development Block Grant Program
Entitlement Funds Pro~ect Application Form
The attached form must be completed by all agencies or entities applying for
Entitlement Funds, and is to be used only for Entitlement projects. ALL
QUESTIONS MUST BE ANSWERED, AND REQUIRED DOCUMENTATION ATTACHED. INCOMPLETE
APPLICATIONS WILL NOT BE PROCESSED FOR REVIEW. If additional space is
required to complete the response, continue the answer on additional attached
sheets, in sequence, and numbering the response.
Funds will be available after July l, 1991. Should you require any assistance
in completing the application, contact the appropriate Representative at (714)
788-9770. You are encouraged to submit your application well before the
deadline to allow ample time for review, completeness, and accuracy.
AREA REPRESENTATIVE SUPERVISORIAL DISTRICT
Kevin L. Palmer 1
John R. Viafora 2
Margarita H. de Escontrias 3
Aurelio Aguirre 4
John R. Viafora 5
YOU MUST SUBMIT AN ORIGINAL WITH A1-FAC~MENTS AND TWO COPIES FOR A TOTAL OF
THREE, TO THIS OFFICE BY 5:00 P.M. MARC~ 8, lggl.
Economic Development Agency
County of Riverside
3499 Tenth Street
P.O. Box l180
Riverside, CA 92502
PROPOSAL NUMBER
Date Received
(1991-92)
ENTITLEMENT FUNDS PROJECT PROPOSAL
COUNTY OF RIVERSIDE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)
I. GENERAL INFORMATION'
Name of Primary Activity Sponsor:
Mailing Address:
Telephone Number: ( )
Contact Person:
Address (If different from above):
Zip Code
Title-
Amount Requested:
Will this project benefit more than one supervisorial district?
Yes No If the project will serve more than one
supervisorial district, please identify the districts:
I_~I. ORGANIZATIONAL HISTORY'
(This is applicable only if.you are a non-profit
organization). Please provide a list of your
current Board of Directors.
Date Organization founded:
Date Organization incorporated as a non-profit organization
Number of volunteers
Number of paid staff
Federal identification number
State identification number
ATTAOi ARTICLES OF INCORPORATION AND BY-LAWS
III. PROJECT ACTIVITY: (check applicable category)
Real Property Acquisition
Public Service
Housing
~ Capital Equipment ~
Rehabilitation/Preservation (please provide
picture of structure)
~ Planning/Studies
Public Facilities Improvements (construction)
Other- explain
-2-
IV. PROJECT NARRATIVE:
A. Name of Project:
Location of Project:
Geographic Area to be served:
B. Provide a detailed description of the proposed project by describing
precisely what is to be accomplished with the requested funds.
1. Provide a detailed description in quantifiable terms: (attach
additional sheets if necessary)
Explain how the pro~ect appropriately addresses the identified needs
of the area to be served. Identify the needs; and explain how these
needs were identified (i.e. study, survey, etc.) (attach additional
sheets if necessary)
-3-
Identify the census tracts served by the proposed project.
countyuide benefit, so indicate) (Attach additional sheets
necessary)
If this is a public service activity: (A) Is this a new service
provided by your agency? Yes No __ (B) If service is not
new, will the proposed activity substantially increase the existing
level of service? Explain how the service will be substantially
increased. (attach additional sheets if necessary)
Discuss the pro~ect's effect on low and moderate income residents,
identifiable groups ~nd neighborhoods, highlighting the expected
benefits to the residents: (attach additional sheets if necessary)
-4-
6. Attach maps of proposed project's location and service area.
V. PROJECT BENEFIT:
To be eligible for CDBG funding, a project must qualify within one of the
three following categories. Indicate how the activity meets the following
categories of benefits. Indicate the source of the information provided.
CATEGORY 1. PRIMARY BENEFIT TO LOW AND MODERATE INCOME PERSONS.
Number of all persons to be served by this project
Number and percent of low and moderate income households to be served by
this project:
(Low and moderate income households less than $14,500 annual income).
SOURCE:
Median Household Income of area to be served:
Number and percentage of elderly (60 yrs. +) to be served by this project:
SOURCE:
Number and percentage of minorities to be served by this project:
SOURCE:
CATEGORY 2. PREVENTION OR ELIMINATION OF SLUMS AND BLIGHT:
Provide Documentation:
Is the project located in a Redevelopment Area?
SOURCE:
-- 5 --
CATEGORY 3. DOCUMENTED HEALTH OR SAFETY CONDITION OF PARTICULAR URGENCY:
Provide Documentation:
SOLIRCE:
VI. FINANCIAL INFORMATION:
Complete the following annual budget to begin on July 1, of this
year. If multi-year funding is requested, attach a budget for each
additional year. If these line items are not applicable to your
activity, please attach an appropriate budget.
BUDGET SUMMARY
TOTAL
CDBG FUNDS REOUESTED
I. Personnel
A. Salaries & Nages $ $
B. Fringe Benefits $ $
C. Consultants & Contract $ $
Services $ $
SUB-TOTAL $ $
II. Non-Personnel
A. Space Costs $ $
B. Rental, Lease or Purchase of
Equipment $ $
C. Consumable Supplies $ $
D. Travel $ $
E. Telephone $ $
F. Other Costs $ $
SUB-TOTAL $ $
III. Planning Studies
$ $
IV. Architectural/Engineering Design $
V. Acquisition of Real Property
$ $
VI. Construction/Rehabilitation
$ $
TOTAL: $ $
Identify other funding sources; identify commitments or applications
for funds from other sources to implement this activity. Attach
evidence of commitment.
Funding Source Amount Requested
Date Available
Type of Commitment
-6-
If this project benefits citizens of more than one community or local
jurisdictions and/or municipalities, have requests been made to those
other jurisdictions:
Yes No If yes, identify sources and indicate outcome
If no, please explain
Nas this project previously funded with CDBG funds? if yes, when? Is
this activity a continuation of a previously funded (CDBG) project?
(explain)
VII. MANAGEMENT INFORMATION: (PROVIDE THIS INFORMATION BY ATTACHMENT).
Ae
Describe the organization responsible for managing and operating the
project, including previous similar experience, list sources, and
commitment of funds for operation and maintenance. Identify project
manager, or person in charge of the project's day-to-day operations.
B. Timetable for Project Implementation.
Indicate primary project objectives:
if you wish).
(You may attach a time chart,
OBJECTIVE START DATE
COMPLETION DATE
If you have never received CDBG funding from Riverside County,
provide evidence of any previous experience with other Federally
funded programs.
Source
Activity Year
Amt. Funds Received Funds Expended
-7-
VIII. CITIZEN PARTICIPATION:
Every project proposal MUST contain evidence of citizen participation
and support for the proposal. That evidence must include
documentation of at least one community meeting this year at which
the specific project was discussed and opportunity given for citizen
input. Describe the methods used to obtain citizen involvement and
attach appropriate documentation.
IX. PLANNING:
Ae
Identify the most applicable adopted plans or strategies which
the proposed project will help implement:
-8-
CERTIFICATION
Undersigned hereby certifies that:
1. The information contained in the project proposal is complete and accurate.
o
The sponsor shall comply with all Federal and County policies and
requirements affecting the CDBG program.
The federal assistance made available through the CDBG program funding is
not being utilized to substantially reduce the prior levels of local
financial support for community development activities.
4. The sponsor shall maintain and operate the facility for its approved use
throughout its economic life.
5. Sufficient funds are available to complete the project as described, if
CDBG funds are approved.
6. I have obtained authorization to submit this application for CDBG
funding. (DOCUMENTATION ATTACHED).
Type Name and Title of Authorized Representative
Signature of Authorized Representative
Date
(0667W)nvt
-9-
File: Citizen Participation
17th Year
COUNTY OF RIVERSIDE
ECONOMIC DEVELOPMENT AGENCY
COMMUNITY DEVELOPMENT BLOCK GRANT
CITIZEN PARTICIPATION CALENDAR
17th PROGRAM YEAR
1991-1992
January 1991
January 1991
February 1991
March 8, 1991
March 11-22,1991
March 25-29, 1991
April 5, 1991
April 9, 1991
April 30, 1991
EDA Development Specialists contact Community
liaisons and Cities to plan and organize
citizens meetings.
EDA Staff hold meetings in unincorporated areas
Cities hold citizen participation meetings.
Staff will notify all 16th year applicants and
County departments of meetings and request they
attend to present any plans for 17th year
proposals.
All applicants and Cities submit activity
proposals for 17th year funding.
EDA staff review proposals, determine
eligibility, qualifying criteria,
appropriateness,' cost effectiveness, and
conducts field visits to each qualifying site.
All applicants notified of status of proposal.
EDA Agency staff make written funding
recommendations to the EDA Managing Director
and each District Supervisor.
County Board of Supervisors set May 7th and
lath as Public Hearing for Projected Use of
oLdunity Development Block Grant (C08G) funds.
A Proposed Statement of Community Development
Objectives and Projected Use of Funds is
published Countywide.
File: Citizen Participation
17th Year
COUNTY OF RIVERSIDE
ECONOMIC DEVELOPMENT AGENCY
COMMUNITY DEVELOPMENT 8LOCK GRANT
CITIZEN PARTICIPATION CALENDAR
17th PROGRAM YEAR
1991-1992
January 1991
$anuary 1991
February 1991
March 8, 1991
March 11-22,1991
March 25-29, 1991
April 5, 1991
April 9, 1991
April 30, 1991
EDA Development Specialists contact Community
liaisons and Cities to plan and organize
citizens meetings.
EDA Staff hold meetings in unincorporated areas
Cities hold citizen participation meetings.
Staff will notify all 16th year applicants and
County departments of meetings and request they
attend to present any plans for 17th year
proposals.
All applicants and Cities submit activity
proposals for 17th year funding.
EDA staff review proposals, determine
eligibility, qualifying criteria,
appropriateness,' cost effectiveness, and
conducts field visits to each qualifying site.
All applicants notified of status of proposal.
EDA Agency staff make written funding
recommendations to the EDA Managing Director
and each District Supervisor.
County Board of Supervisors set May 7th and
14th as Public Hearing for Projected Use of
~-~unity Development Block Grant (COBG) funds.
A Proposed Statement of Community Development
Objectives and Projected Use of Funds is
published Countywide.
COUNTY OF RIVERSIDE
ECONOMIC DEVELOPMENT AGENCY
COMMUNITY DEVELOPMENT BLOCK GRANT
CITIZEN PARTICIPATION CALENDAR
17th RROGRAN YEAR 1991-1992
Page two
May 7th, 1991
May 14th, 1991
May 28, 1991
June 3, 1991
3une 4, 1990
3une 11, 1991
July 1, 1990
Board of Supervisors hold public hearings on
Proposed Statement of Community Development
Objectives and Projected Use of funds.
Board of Supervisors approval of Final
Statement of Community Development Objectives
and Projected Use of Funds for l?th P~ogram
Year (FY 1991-1992).
Final Statement published Countywide and copies
are made available at city halls.
Final Statement submitted to U.S. Oepartment of
Housing and Urban Development (HUD).
Applicants approved for funding are notified by
EDA staff and- requested to complete
Environmental Assessments. Applicants not
approved for funding are also notified.
Hud approval of Final Statement and Release of
17th Year COBG funds..
(O4alS)
SMW:njb
COUNTY OF RIVERSIDE
ECONOMIC DEVELOPMENT AGENCY
COMMUNITY DEVELOPMENT BLOCK GRANT
CITIZEN PARTICIPATION CALENDAR
17th PROGRAM YEAR 1991-1992
Page two
May 7th, 1991
May 14th, 1991
May 28, 1991
June 3, 1991
June 4, 1990
June 11, 1991
July 1, 1990
Board of Supervisors hold public hearings on
Proposed Statement of Community Development
Objectives and Projected Use of funds.
Board of Supervisors approval of Final
Statement of Community Development Objectives
and Projected Use of Funds for 17th P~ogram
Year (FY 1991-1992).
Final Statement published Countywide and copies
are made available at city halls.
Final Statement submitted to U.S. Oepartment of
Housing and Urban Development (HUD).
Applicants approved for funding are notified by
EDA staff and. requested to complete
Environmental Assessments. Applicants not
approved for funding are also notified.
Hud approval of Final Statement and Release of
17th Year COBG funds..
(0441S)
S~:njb
^FPENDIX 13
PRELIMINARY ADMINISTRATIVE REVIEN
ACTIVITY PROPOSAL
PROJECT TITLE:
PROJECT SPONSOR:
CONTACT:
CONTINUATION PROJECT
PROJECT LOCATION:
REVIENER
Name
Yes
No
SERVICE AREA-
CENSUS TRACT:
Title
TELE:
If yes. year:
DATE:
ITEM
YES NO
COMPLETENESS: Is this application complete as
subrot tied?
Missing Items:
e
e
Sponsor Nott lied:
ELIGIBILITY: Type of Eligible activity
category
Cite Specific Code Section: 24 CFR 570.
BASIC OUALIFYING C~ITERIA: Does the proposed
project meet any one of the following qualify-
ing criteria as defined in Section 570.208!
a) Primary benefit to low-and-moderate income. 1. Area benefit activities
2. Limited clientele activities
3. Housing activities
4. Job creation or retention activities
b) Prevent or eliminate slums and blight. 1. Address slum or blight on AREA BASIS
2. Address slum or blight on spot basis
3. Address slum or blight in an Urban.
Renewal Area
DATE:
TYPE OF
ACTION
REOUIRED
DATE
VI
CITIZEN PARTICIPATION:
Every project proposal must contain evidence of citizen
participation and support for the proposal. That evtdence~must
tn. ctude documentation of at least one community meeting this year
at which the specific project was discussed and opportunity give~
for citizen input. Indicate below the methods used to obtain
citizen involvement and attach aporopriate documentation.
Minutes of Meeting:
Press Release:
Attendance Reports-
Petitions:
Advertisement:
Flyers'
Community Ci ti zen
Participation Meeting
Endorsement Letters:
VII PLANNING:
Other:
A. Identify the most applicable adopted plans or strategies
which the proposed project will help implement:
CERTIFICATION
The undersigned hereby certifies that:
The information contained in the project proposal is complete and
accurate.
The sponsor shall comply.with all Federal and County policies and
requirements affecting the COBG program.
e
The federal assistance made available through the COBG program
funding is not being utilized to substantially reduce the prior
levels of local financial support for community development
activities.
e
The sponsor shall maintain and operate the facility for its
approved use throughout its economic life.
Sufficient funds are available to complete the project as
described. if CDBG funds are approved.
Type Name and Title of Authorized Representative
Signature of Authorized Representative
(2729D)
njg
-8-
Date
C. If thts project benefits ctttzens of more than one community
or local Jurisdictions have requests been made to those other
Jurisdictions: .~,~
Yes. No If yes. ldentlfy sources and tndtcate outcome
D. Was this project previously funded with CDBG funds? If yes,
when. Is this activity a continuation of a previously funded
(CDSG) project? (E,plain)
V
MANAGEMENT INFORMATION'
A. Describe the organization responsible for managing- and
operating the project. discuss previous similar experienc~
list sources, and commitment of funds for operation and
maintenance. If non-profit corporation. please provide a
list of your Board of Directors. as well as your Articles of
Incorporation and By-Laws.
(Provide Management Information as an attachment). By name.
identify project manager, or person in charge of the
project's day to day operations.
B. Timetable for Project Implementation.
Indicate primary project milestones: (You may attach on
separate sheet)
MILESTONE START DATE
COMPLETION DATE
C. If you have never received CDBG funding from Riverside
County, provide evidence of any previous experience with
other Federally funded programs.
Amount Funds Funds
Source Activity Year Received Expended
- 7-
-1-
CITIZEN PARTICIPATION PLAN
County of Riverside
A. Introduction
B. Community Development Block Grant Objectives
C. The Citizen Participation Process
1. Community Development Advisory Committees
2. The Community Development Coordinating Committee
3. The Citizen Participation Process
0. Meeting the Needs of Non-English Speakers
E. Technical Assistance
F. Availability of Grantee Performance Report to Citizens
G. Avaiability of Citizen Participation Plan to Citizens
H. Complaint Procedures
Appendix I
Appendix 2
Appendix 3
Appendix 4
Appendix 5
APPENDICES
Federal Citizen Participation Regulations for the Community
Development Block Grant Program.
- Section 104 (a) (3) of the Housing and Community
Development Act of 1974, as amended:
- 24 CFR Part 570.301 (b)
Economic Community Development Policy Manual, Section G-l,
"Citizen Participation Policy"
Economic Community Development Policy Manual, Section G-2,
"Staff Citizen Participation Role"
Economic Community Development Citizen Participation Calendar,
15th Program Year
Economic Community Development Letter to Cooperating Cities re:
15th Program Year
Economic Community Development Memo to Other County Departments
re: 15th Program Year
(44540)
-2-
Appendix 6
Appendix 7
Appendix 8
Appendix 9
Appendix 10
Appendix 11
Appendix 12
Appendix 13
Standard Flyer Announcing Citizen Participation Meeting
Spanish Version of Standard Flyer Announcing Cities Participation
Meeting
Standard Letter to Community Residents Announcing Citizen
Participation Meeting
Spanish Version of Standard Letter to Community Residents
Announcing Citizen Participation Meeting
Standard Cover Letters to Media Concerning Citizen Participation
Meeting
Community Needs Assessment Form, in English and Spanish
County of Riverside Community Development Block Grant Program
Entitlement Funds Project Application Form
Preliminary Administrative Review of Activity Proposal Form
(4454D)
-3-
CITIZEN PARTICIPATION PLAN
County of Riverside
INTRODUCTION
The Housing and Community Development Act of 1974 requires the County of
Riverside to provide for and encourage citizen participation in the Community
Development Block Grant (CDBG) Program, ". with particular emphasis on
participation by persons of low and moderate income who are residents of
areas in which [CDBG] funds are proposed to be used .... " By requiring
that the poor participate in decision making regarding the Community
Development Block Grant Program, the Federal government recognized and
encouraged the right of citizens to express their needs, preferences and
objectives regarding programs designed for them and which were likely to
influence the quality of their lives.
Citizen participation requirements in the Housing and Community Development
Act of 1974 as amended place the burden of achieving adequate citizen
participation on the County. Section 104(a) requires the County, as a
recipient of funds under the Community Development Block Grant Program to
follow a "detailed citizen participation plan" which:
a)
provides for and encourages citizen participation, especially by
persons of low and moderate income who are residents of areas
where funds are proposed to be used and/or beneficiaries of
proposed uses of funds;
b)
provides citizens with reasonable and timely access to local
meetings, information, and records relating to the proposed use
of funds:
c) provides for technical assistance to persons of low and moderate
income in developing proposals;
d) provides for public hearings at all stages of the development of
programs:
e) provides for a timely written answer to written complaints: and
f)
identifies how the needs of non-English speaking residents will
be met where a significant number of them can be expected to
participate in public hearings.
(4454D)
-4-
COMMUNITY DEVELOPMENT BLOCK GRANT OBJECTIVES
The primary objective of the Community Development Block Grant Program is the
development of viable urban communities by providing decent, safe and sanitary
housing; a suitable living environment; and expanding economic opportunities,
principally for persons of low- and moderate-income. Other objectives include
the prevention or elimination of slums and blight and meeting other community
development needs of particular urgency.
These aims are achieved by providing Block Grant funds to cities and urban
counties who distribute them to local governments and non-profit organizations
for projects which construct public facilities, preserve and expand housing
stock for lower-income persons, stimulate the local economy and improve public
social services.
Projects funded in the Urban County of Riverside are selected on the basis of
eligibility, consistency of needs in the plan with generally available data,
appropriateness of proposed plans and programs to meeting the Reeds and
objectives, coordination of mutually supportive housing assistance and
community development activities, and compliance with applicable laws.
Basic program objectives include:
a) elimination of slums and blight;
b) elimination of conditions harmful to health, safety and public
welfare;
c) conservation and. expansion of housing for all, but principally
for low- and moderate-income persons;
d) improving the quantity and quality of community services,
primarily for low- and moderate-income persons;
e) promoting the better use of land and other natural resources;
f) reducing the isolation of income groups within communities; and
g) restoring and preserving properties of special historical value.
THE CITIZEN PARTICIPATION PROCESS
The principal actors in the Citizen Participation process, which is detailed
in the following flow chart, are: l) the citizens; 2) Community Development
Advisory Committees (CDAC's), which serve as the primary vehicles for
communication between the County and the citizens; 3) the Community
Development Coordinating Committee (CDCC), which makes policy recommendations
concerning the Community Development Block Grant Program to the Board of
Supervisors; 4) the County Board of Supervisors, who must approve the Federal
Grant application and all reprogramming decisions; 5) Economic and Community
Development staff; and 6) activity sponsors.
(4454D)
THE CITIZEN PARTICIPATION PROCESS
BOARD OF SUPERVISORS
ICITIZENS !
COMMUNITY DEVELOPMENT
COORDINATING COMMI'I-i'EE
COMMUNITY DEVELOPMENT
SPONSORS
COMMUNITY DEVELOPMENT
LIASONS
-6-
Community Development Advisory Committees (£DAC's)
For purposes of the administration of the Community Development Block Grant
Program, each of the five Supervisorial Districts of the County of Riverside
is the responsibility of one or more members of the staff of the Department of
Economic and Community Development. These "Area Representatives" are the
principal liaisons for all Departmental programs in the communities they
represent, but the role they play in administering the Community Development
Block Grant Program in their communities is particularly important.
Each Area Representative is responsible for ensuring that each unincorporated
community for which he or she is responsible is represented on a Community
Development Advisory Committee (CDAC).
Although any resident of an unincorporated community may be a member of that
community's CDAC, ideally, each member is, in turn, a nucleus of a larger
group of residents of the unincorporated community. This position of
leadership may be formal, as in the case of an official of a'commun~ty-based
social service organization, or informal, as in the case of an acknowledged
leader of the business community of the area in question. In constituting
these CDAC's, a special effort is made to ensure that residents of the
community who are themselves persons of low- and moderate-income are heavily
represented.
Anyone may become a member of his/her community's CDAC by making a request of
the appropriate area representative. County supervisors also appoint
members. The Area Representative is responsible for updating the membership
of all CDAC's for which he/she is responsible at least once a year before the
initiation of the Community Development Block Grant funding cycle.
The CDAC is the Department's primary instrument for reaching the community
directly with news of housing and community development programs and funding
opportunities. Its most important function is to inform the community of
upcoming Community Participation meetings and to encourage a large turnout at
those meetings.
The Community Development Coordinating Committee (CDCC)
The Community Development Coordinating Committee was created in October 1977
as an outgrowth of a similarly named committee which originated in December
1974. The CDCC was established by the Board of Supervisors at the
recommendation of the City Managers Coordinating Committee and the County of
Riverside Chief Administrative Officer.
The purpose of the Committee is to recommend policy to the Board of
Supervisors regarding the Community Development Block Grant (CDBG) program.
It reviews funding allocations, activity selection criteria, activity
rankings, project delinquency reports, reprogramming and other similar
administrative and policy matters. The Committee is comprised of one voting
representative from each of the following entities:
(4454D)
-7-
- A cooperating City from the western County
- A cooperating City from the eastern County
- A cooperating City from the central County
- A former HUD CDBG hold harmless City (i.e., the Cities of Corona
- and Indio)
- A western County independent special district
- An eastern County independent special district
- County Housing Authority
- County Administrative Office
- County Economic and Community Development Department
The Committee has a chairman who presides over meetings and a vice-chairman.
Each Committee member has a designated alternate. Committee meetings are
regularly scheduled for the second Monday of each month, are open to the
public, and public comment is solicited as a formal agenda item. The Director
of Economic and Community Development serves as staff to the Committee.
The Citizen Participation Process
The citizen participation process begins in late Autumn, when the Department
of Economic and Community Development (ECD) alerts cooperating Cities and
other County departments to the beginning of the funding cycle. Cities are
reminded that Federal CDBG regulations require each City to provide for and
encourage citizen participation, with particular emphasis on participation by
residents of low and moderate income neighborhoods. (See Appendix 4.) Other
County departments are reminded that potential sponsors of projects under the
Program must present their proposals for community review and comment at the
upcoming Citizens Participation meetings. (See Appendix 5.)
ECD Area Representatives schedule Citizens Participation meetings in
unincorporated areas in coordination with the County supervisors for each
district. WorKing with members of the respective CDAC's, the Area
Representatives ensure that all segments of the community, including potential
project sponsors, are advised of the purpose, date, time and location of each
meeting. Announcements of these citizen participation meetings are
distributed as widely as possible, e.g., through newspapers, radio and
television; and via flyers distributed at local libraries, other public
facilities, and through schools and community organizations. Where a
significant number of low-and moderate-income residents of a community speak
or read a language other than English, announcements and flyers are
bilingual. County supervisors and other local government officials are given
the opportunity to participate in the meetings. (See Appendices 6,7,8,9 and
10.)
(0197S)
Rev: 9/26/89
--0--
The Area Representatives assist Cities as necessary in implementing their
Citizen participation programs. Cities are required to hold at least one
public meeting to discuss proposed uses of Community Development Block Grant
funds, and they are encouraged to use a variety of methods to gather input
from their citizens regarding potential activities. Cities and other entities
holding public meetings on Community Development Block Grant programs are
required to submit copies of public notices of such meetings to ECD as part of
the application process.
Area Representatives conduct Citizen Participation meetings in January and
February. They discuss the following topics:
l) The three broad national objectives of the CDBG program:
2) eligible activities and qualifying criteria with reference to
each community;
3) eligible sponsors;
4) types and sponsors of programs funded in the past in each
community;
5) the allocation process;
6) how to complete an application; and
7) the availability of technical assistance through ECD.
The Area Representative encourages participants to engage in a public
discussion of their concerns and desires for their community, and gives
potential pro~ect sponsors the opportunity to describe their proposals to the
group and seek support or comments from the group.
The Area Representative conducts a formal needs assessment as part of each
Citizens Participation meeting. Each participant is given a needs survey form
listing activities eligible for Community Development Block Grant funding, and
is asked to complete it in private during the course of the meeting, giving
his/her feelings on community needs in order of priority. (See Appendix ll.)
After the meeting, the Area Representative analyses the results of the Needs
Survey, and presents the results of the analysis in written form to the
appropriate County Supervisor. The report of the results of the Needs Survey
is also available on request to community organizations, other local
government agencies, and citizens.
On receipt of the project applications, each Area Representative reviews them
for conformity to program requirements, including those for citizen
participation. Item VI of ECD's Entitlement Funds Pro~ect Proposal form
requires each applicant for funding under the program to indicate citizen
involvement in and support for the pro~ect proposal (See Appendix 12); and
item 6 of ECD's Preliminary Administrative Review of Activity Proposal form
reminds the Area Representative to check each proposal for evidence of citizen
participation. (See Appendix 13.)
(0197S)
Rev: 9/26/89
-9-
In mid-April, a Proposed Statement of Community Development Objectives and
Projected Use of Funds is published Countywide, and in May, the Community
Development Coordinating Committee acts on the Proposed Statement in a public
meeting. Also in May, the Riverside County Board of Supervisors conducts two
formal public hearings on the Proposed Statement. ECD notifies all applicants
and £DAC members of these public hearings before the Board of Supervisors, and
they are also formally advertised in both general circulation and minority
newspapers.
After the Board of Supervisors has approved the Final Statement of Community
Development Objectives and Projected Use of Funds, it is published Countywide,
and copies are made available to the public at County libraries and city halls
of cooperating Cities. When the Final Statement is submitted to the Los
Angeles office of the Department of Housing and Urban Development, ECD places
notices in general circulation newpapers advising citizens that the
application has been submitted to HUD, and that comments on it may be
forwarded to HUD's area office.
The Citizen Participation Calendar, which is issued by ECD each year prior to
the' commencement of the funding cycle, details the steps involve~ in the
citizen participation process. (See Appendix 3 for the 15th Program Year
edition of the Citizen Participation Calendar.)
MEETING THE NEEDS OF NON-ENGLISH SPEAKERS
Large numbers of the residents of many low- and moderate-income areas of
Riverside County are monolingual speakers of Spanish. The Area
Representatives who are responsible for those communities are bilingual in
Spanish and English, and conduct Citizen Participation meetings in both
languages. The Needs Assessment forms (see Appendix ll) and flyers announcing
Citizen Participation Meetings (Appendix 7) are bilingual, as are other
written materials explaining the program as required. ~(See Appendix 9 for a
sample letter of invitation to a Citizen Participation meeting scheduled in a
majority Spanish-speaKing unincorporated community.)
TECHNICAL ASSISTANCE
To be meaningful, the "partnership" concept of community development,
involving all segments of the population, requires informed participation.
Informed participation, in turn, can only be achieved if technical assistance
is made available as necessary to the ordinary citizen as well as to public
and private bodies involved in the planning, implementation or assessment of
community development activities.
(4454D)
-lO-
~he Riverside County Community Development Block Grant Program makes
assistance available to current and potential activity sponsors as required
primarily through the Area Representatives who are the main source of
information on CDBG programs and the application process. Area
Representatives provide assistance at community meetings and in proposal
preparation as necessary. Although Area Representatives are the primary
direct contact points to the community, the services of all Economic and
Community Development personnel are available as well through he Department of
Economic and Community Development. The Department also maintains contact
with the general public through regular news releases to the media on
Departmental matters of general concern.
In addition, early in the program year, project sponsors are required to
attend a training orientation seminar.
AVAILABILITY OF THE GRANTEE PERFORMANCE
REPORT TO CITIZENS
The Urban County of Riverside is required to report annually on its
performance with CDBG funds, and to make that Grantee Performance Report (GPR)
available to all citizens. The purpose of the Grantee Performance Report is
to advise citizens of the status of projects funded under the CDBG program.
To this end, the report includes a description of all projects, their costs,
the census tracts they serve, the population they affect, any problems in
their implementation, and citizens' comments received, if any.
The GPR is available for public review at the Department of Economic and
Community Development, at all County libraries, and at the city halls of
Cooperating Cities. Public notice of its availability is made at the time of
its submittal to HUD.
AVAILABILITY OF THE CITIZEN PARTICIPATION PLAN TO CITIZENS
Copies of the Citizen Participation Plan are also available for public review
at the Department of Economic and Community Development, 3499 Tenth Street,
Riverside, California 92501.
COMPLAINT PROCEDURES
Citizen complaints may be made either to the Director of Economic and
Community Development, or to Area Representatives. Complaints may be made by
telephone by calling (714) 788-9770 or in writing to the Department of
Economic and Community Development, 3499 Tenth Street, Riverside, California
92501. The complaining party should state the nature of the complaint, what
prior efforts have been made to resolve the problem and any other pertinent
information which would help staff determine a solution. A response to all
complaints will be provided within lO working days.
(0197S)
Rev: 10/2/89
APPENDIX 1
SECTION 508. CITIZEN PARTICIPATION PLAN
Section 104(a) of the Housing and Community Development Act of
1974 is amended by adding at the end thereof the following:
"(3) A grant under section 106 may be made only if the grantee
certifies that it is following a detailed citizen participation
plan which-
"(A) provides for and encourages citizen participation, with
particular emphasis on participation by persons .of low and
moderate income who are residents of slum and blight areas and
of areas in which section 106 funds are proposed to be used,
and in the case of a grantee described in section 106(a),
provides for participation of residents in low and moderate
income neighborhoods as defined by the local jurisdiction;
"(B) provides citizens with reasonable and timely acces~ to
local meetings, information, and records relating to the
grantee's proposed use of funds, as required by regulations of
the Secretary, and relating to the actual use of funds under
this title;
"(C) provides for technical assistance to groups representative
of persons of low and moderate income that request such
assistance in developing proposals with the level and type of
assistance to be determined by the grantee;
"(D) provides ~for public hearings to obtain citizen views and
to respond to proposals and questions at all stages of the
community development program, including' at least the
development of needs, the review of proposed activities and
review of program performance, which hearings shall be held
after adequate notice, at times and locations convenient to
potential or actual benficiaries, and with accommodation for
the handicapped;
"(El provides for a timely written answer to written complaints
and grievances, within 15 working days where practicable; and
"(F) identifies how the needs of non-English speaking residents
will be met in the case of public hearings where a significant
number of non-English speaking residents can be reasonably
expected to participate.
This paragraph may not be construed to restrict the responsibility or
authority of the grantee for the development and execution of its
community development program."
(4454D)
APPENDIX 2
Community Dvlpmt
Block Grant
Policy Manual
I.D. # G-1
TOPIC: Citizen Participation Policy
DATE: September 21, 1987
NEN X SUPERCEDES
1. Federal regulations require that citizens be furnished information about
CDBG funding levels and eligible activities. To comply with these
regulations, and with countywide activity selection criteria, the
following standards apply to all sponsor agencies.
2. Direct involvement by affected lower-income residents is the key to CDBG
citizen participation. Sponsors may wish to organize local committees, or
to utilize existing organizations to focus outreach into lower-income
neighborhoods. Neighborhood meetings, surveys, petitions and letters
signed by lower-income neighborhood residents identifying overall
priorities and specific projects are preferred methods to demonstrate
citizen involvement and support.
Each community and neighborhood is different, and sponsors should tailor
their outreach to suit the affected residents. If the specific community
or neighborhood is sufficiently populated by non-English speaking low
income residents, sponsors are required to conduct outreach efforts and
provide information in the primary language of the affected population.
Economic Development Agency staff are available to assist with this
effort. Documentation of outreach, such as minutes, letters,
advertisements, news stories, must accompany each activity proposal. The
measure of successful citizen participation is evidence of substantial
activity support and involvement by affected lower-income residents.
4. Prior to submitting an activity proposal, a sponsoring agency's governing
board must consider the proposal in a public meeting. Funding levels, the
range of eligible activities, and housing and community development needs
must be discussed at the meeting. Citizens must be provided an
opportunity to comment on needs and appropriate activities. Minutes of
the meeting, and documentation of any outreach efforts, must accompany the
activity proposal.
5. The governing board's public meeting generally will not satisfy the
standard for lower-income resident involvement.
Sponsors should notify Economic and Community Development in advance of
neighborhood and governing board meetings, and other outreach efforts.
Economic Development Agency staff is available to conduct meetings,
discuss funding levels and eligible activities, and otherwise assist with
citizen participation.
7. Economic Development Agency regularly organizes citizen participation in
unincorporated communities. Sponsors in unincorporated communities must
contact Economic Development Agency to be part of ongoing citizen
participation.
Rev: 1/17/91
Communi ty Dvlpmt
Block Grant
Pol icy Manual
I.D. #G-2
(pg 1 of 2)
TOPIC: Staff Citizen Participation Role
DATE: September 21, 1987
NEN X SUPERCEDES
Economic Development Agency Area Representatives will organize Community
Development Advisory Committees in lower-income unincorporated
communities. The CDAC structure is informal and fluid, encouraging
participation by a broad base of residents. The CDAC is an advisory,
facilitating group which assists in arranging, publicizing and conducting
meetings and other outreach. CDAC liasions serve as Economic Development
Agency "eyes and ears" by providing feedback and comments about projects.
All Key community groups should be represented, including local businesses.
2. Community meetings will be held at convenient times and places, as
suggested by local CDAC members. Meeting space should be rented only as a
last resort. Avoid being locked into a community struggle between groups
by using neutral sites (especially public buildings, including schools,
libraries, fire stations). Invite local sponsors.
3. Meetings should begin promptly as advertised. In those communities or
neighborhoods where there is a sufficient number of non-English speaking
residents, bilingual presentations are required. Briefly introduce
yourself, the program, the Supervisor, CDAC members and their role.
Announce the purpose of the meeting. Update local CDBG activities'
progress. If it is a special meeting to discuss existing activities,
direct the discussion to the issue at hand. The annual meeting is the
time for identifying new activities. The annual meeting must cover
program funding and discuss the range of eligible activities. Focus
discussion on specific activities and projects in the community, drawing
out citizen-generated suggestions. Allow time for sponsor presentations,
including housing presentations coordinated by the Riverside County
Housing Authority. Conduct a standard needs assessment.
4. The affected County Supervisor must be notified in writing two weeks in
advance of all community meetings. Exceptions to this advance notice time
may only be made by the Director. However, the Supervisor must be
notified in writing, regardless of lead time.
5. Cities and other sponsors must carry out their own citizen participation
efforts, including community meetings and governing board hearings. Area
Representatives must closely monitor these efforts by attending meetings,
reviewing program information distributions, collecting meeting records
and analyzing project proposals. Sponsors must provide citizens with
accurate information about program funding and eligible activities. Area
Representatives must be available to conduct presentations when requested
by sponsors. Sponsors with projects in unincorporated communities should
be invited to appear at Economic Development Agency coordinated community
meetings.
Rev: 1/17/91
Community Dvlpmt
Block Grant
Policy Manual
I.D # G-2
(pg 2 of 2)
TOPIC: Staff Citizen Participation Role (continued)
DATE: September 21, 1987
6. Economic Development Agency Staff will prepare and distribute necessary
program information and meeting materials. Information about program
funding levels, the range of eligible activities, housing and economic
development initiatives, Neighborhood Strategy Areas, and the needs
assessment process will be standardized for Area Representatives use and
distribution.
7. Economic Development Agency Staff will also assure compliance with CDBG
regulatory requirements. A public hearing on needs must be set on the
Board agenda, publicized and noticed, and conducted to afford citizens the
opportunity to comment on housing and community development needs. A
proposed statement of objectives and projected use of funds must be
published for public review in newspapers of general circulation.
Comments must be received and considered for inclusion in the final
statement, which must be available to the public.
8. The County of Riverside has established that change to an activity
initiated under the County's CDBG program shall be considered substantial
if l) over 50 percent of the original locations or beneficiaries are
impacted by the change; or if 2) the description of the activity is
modified to the extent that, in the ~udgement of the Director of the
Department of Economic Development Agency or his designee, the general
public would consider it to be a new activity.
Rev: 1/17/91
APPENDIX 3
COUNTY OF RIVERSIDE
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITIZEN PARTICIPATION CALENDAR
15TH PROGRAM YEAR (FY 1989-1990)
January 1989
Economic and Community Development (ECD) Area
Representatives contact Community Development
Advisory Committees (CDAC) and Cities to plan
and organize citizens meetings.
3anuary 1989 -
February 1989
Area Representatives hold meetings in
unincorporated areas (meetings coordinated with
County Supervisors for each District). Cities
hold citizen participation meetings (Area
Representatives may assist in planning and
attendance). Area Representatives will notify
all 14th year applicants and County agencies of
meetings and request they attend to present any
plans for 15th year proposals.
March lO, 1989
All applicants .and Cities submit activity
proposals for 15th year funding.
March 13, 1989 -
March 30, 1989
(1) ECD staff review proposals, determine
eligibility, qualifying criteria,
appropriateness, cost effectiveness, and
conduct field visits to each qualifying site.
(2) All applicants notified of status of proposal.
April 3-7, 1989
Area Representatives make written
recommendations to the ECD Director.
funding
April 11, 1989
County Board of Supervisors set May 2nd as
Public Hearing for Projected Use of Community
Development Block Grant (CDBG) funds. ECD
notifies all applicants and CDAC members of
hearing.
April 18, 1989
A Proposed Statement of Community Development
Objectives and Projected Use of Funds is
published Countywide.
April 7, 1989 -
May l, 1989
ECD Director presents written recommendations
to each County Supervisor.
Page 2
Citizen Participation Calendar
December, 1988
May 2 and 9, 1989
May 8, 1989
May 23, 1989
May 24, 1989 -
June 14, 1989
May 26, 1989
June l, 1989
July 1, 1989
Board of Supervisors holds public hearings on the
Proposed Statement of Community Development
Objectives and Projected Use of funds.
ECD Director presents written
recommendations to the Community
Coordinating Committee (CDCC).
funding
Development
Board of Supervisors approves Final Statement of
Community Development Objectives and Projected
Use of Funds for 15th Program Year (FY 1989-1990).
Applicants approved for funding are notified by
ECD staff and requested to complete Initial
Environmental Study (IES) forms. Applicants not
approved for funding are also notified.
Final Statement published Countywide and copies
are made available at County libraries and all
city halls.
Final Statement submitted to U.S. Department of
Housing and Urban Development (HUD).
HUD approval of Final Statement and Release of
15th Year CDBG funds.
JBG:njb
(4454D)
12/88
APPENDIX 4
coum'¥ oF ~[i _.s,oE
ECONOMIC / COMMUNITY DEVELOPMENT
November 8. 1988
File: COBG
15th Year
Dear :
SUBJECT: 15TH PROGRAM YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
As we look forward to the 15th Program Year (1989-90)- of the Community
Development Block Grant (CDBG) Program, now is the time to begin the
identification of activities that will benefit your City. Activities funded
in the past through the CDBG Program include parks, roads, water and sewer
lines, flood control facilities, fire equipment and public services.
To be eligible for CDBG funding, a project must meet one of the following
three primary objectives:
1. Activities primarily benefiting low and moderate income
persons.
e
Activities which aid in the prevention or elimination of
slums or blight.
o
Activities designed to meet community development needs
having a particular urgency.
Maps of your City are available which identify those areas which qualify under
primary benefit to the low and moderate income persons category. To qualify
under the prevention or elimination of slums or blight category, the activity
must meet the State of California definition of slums or blight, or the
activity must be located in a City-designated redevelopment area.
For the 15th Program Year, we estimate that an amount in excess of $5,000,000
will be made available to Riverside County and its participating cities. The
exact amount to be made available should be confirmed by the U.S. Department
of Housing and Urban Development.some time in early 1989.
Federal CDBG regulations require the City to provide for and encourage citizen
participation, with particular emphasis on participation by persons of low and
3499 TENTH STREET o P.O. BOX 1180 · RIVERSIDE, CA 92502 · (714) ~88-9770
· 15th COSG Program Y~ar
Page 2
moderate income neighborhoods. It is imperative. therefore. that public
hearings be provided to obtain citizen views and to respond to proposals and
questions at all stages of your community development program. including at
least the development of needs. the review of proposed activities and review
of program performance.
CDBG Program Entitlement Fund Project Application forms will be made available
to project sponsors by December 1, 1988. All application forms must be
submitted by March lO. 1989.
Should you have any questions or require additional information, please
contact your Area Representative at (714) 788-9770.
Very truly yours,
ANDRES L. SOTO
Development Manager
ALS:~':sr:
(35148)
Enclosure
COUNTY OF ~IVERSIDE ECONOMIC ! COMMUNITY DEVELOPMENT
3499 TENTH STREET · P.O. BOX 1180 . RIVERSIDE, CA 92502 · (714) 788-9770
APPENDIX 5
INTER-rlEPARTMENTAL L ETT E I-~
COUNTY OF RIVERS'fOE
File: 15th Year
FROM:
DATE:
SUBOECT:
October 25, 1988
15TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
As we look forward to the 15th Program Year (1989-90) of the Community
Development Block Grant (CDBG) Program, now is the time to begin the
identification of activities that will benefit various communities within the
County. Activities funded in the past through the CDBG Program include parks,
roads, water and sewer lines, flood control facilities, fire equipment and
public services.
To be eligible for CDBG funding, a project must meet one of the following
three primary objectives:
Activities primarily benefiting. low and moderate income
persons.
Activities which aid in the prevention or elimination of
slums or blight.
Activities designed to meet community development needs
having a particular urgency.
Enclosed you will find a listing of low and moderate communities in Riverside
County which qualify under primary benefit to the low and moderate income
persons category. To qualify under the prevention or elimination of slums or
blight category, the activity must meet the State of California definition of
slums or blight, or the community must be located in a County-designated
redevelopment area.
For the 15th Program Year, we estimate that an amount in excess of $5,000,000
will be made available to Riverside County and its participating cities. The
exact amount to be made available should be confirmed by the U.S. Department
of Housing and Urban Development some time in early 1989.
The Department of Economic and Community Development will sponsor a number of
community meetings during the months of January and February to discuss the
CDSG Program and solicit comments and activities that would benefit the
community. Potential sponsors of projects must be prepared to present their
projects for community review and comment at these meetings.
CDBG Program
15th Program Year
Page 2
CDBG Program Entitlement Fund Project Application forms will be made
available to project sponsors by December 1, 1988... All application Forms
must be submitted by March 10, 1989.
Should you have any questions or require additional information, please
contact me at (714) 788-9770.
ALS:4DO~:sr:njg
(351
Enclosure
LOI4 AND MODERA[E INCOME COMMUNITIES IN RIVERS ~£ COUNTY
FIRST SUPERVISORIAL DISTRICT
Home Gardens
Lakeland Village
Wildomar-Sedco
Murrieta
Temecula
Murrieta Hot Springs
SECOND SUPERVISORIAL DISTRICT
Rubidoux
Belltown
Mira Loma
Glen Avon
THIRD DISTRICT
Cabazon
North Palm Springs'
West Garnet
Valle Vista
Homeland-Green Acres
Aguanga-Sage
Portion of Anza
FOURTH SUPERVISORIAL DISTRICT
Mecca
Thermal
Oasis
Thousand Palms
Ripley
East Blythe
FIFTH SUPERVISORIAL DISTRICT
Mead Valley
Romoland
Goodhope
Quail Valley
Goodmeadow
APPENDIX 6
COMMUNITY MEETING
FOR
CITIZENS OF
TO:
- OBTAIN CITIZEN INPUT ON COMMUNITY NEEDS
REPORT ON PAST AND CURRENT COMMUNITY DEVELOPMENT
ACTIVITIES FUNDED BY THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM
- PROVIDE INFORMATION ON OTHER PUBLIC SERVICES
AVAILABLE THROUGH THE DEPARTMENT OF ECONOMIC AND
COMMUNITY DEVELOPMENT
- PRESENT PROJECTS DESIGNED TO MEET THE NEEDS OF YOUR
COMMUNITY FOR REVIE~ AND COMMENT
THIS IS YOUR CHANCE TO PARTICIPATE IN PLANNING
FEDERALLY-FUNDED COMMUNITY DEVELOPMENT ACTIVITIES IN YOUR
COMMUNITY!
DATE:
TIME:
LOCATION:
PLEASE ATTEND AND INVITE A NEIGHBOR!!
FOR FURTHER INFORMATION, CONTACT:
Development Specialist
Department of Economic and
Community Development
3499 Tenth Street
Riverside, California 92§01
(714) 788-9770
APPENDIX 7
JUNTA COMUNITARIA * *
, Y
SESION DE MAYOR IMPORTANCIA RESPECTO AL DESARROLLO VECINDARIO PARA
LOS RESIDENTES DE LAS COMMUNIDADES DE
ALAS DE LA TARDE
EN LA
SE LES INVITA A LOS RESIDENTES DE ESTAS COMUNIDADES ASSISTIR
A LA JUNTA PARA QUE SE PONGAN AL CORRIENTE DE LOS PROGRAMS DE
LA DONACIONES CONJUNTAS DE DESARROLLO VECINDARIO.
SE EXAMINARAN ACTIVIDADES, PROYECTOS ESPECIFICOS (COMO LAS
OBRAS PUBLICAS, CENTROS SOCIALES Y RECREATIVOS) QUE PUEDEN RECIBIR
AYUDA FINANCIERA POR PARTE DE ESTOS PROGRAMS, ESPECIALMENTE PARA EL
BENEFICIO DE LA GENTE DE BA2OS INGRESOS.
PARA MAS INFORMACION:
DEVELOPMENT SPECIALIST
RIVERSIDE COUNTY DEPARTMENT
OF ECONOMIC AND COMMUNITY
DEVELOPMENT
3499 - lOTH STREET
RIVERSIDE, CA 92501
(714) 788-9770
APPENDIX 8
COUNTY OF RIVERSIDE
ECONOMIC/COMMUNITY DEVELOPMENT
FILE NO.
Dear Resident:
RE: CITIZEN PARTICIPATION MEETING IN '
The Riverside County Department of Economic and Community.
Development is planning the Community Development BLOCK
Grant (CDBG) Program for the coming fiscal year (1989-90)
and is seeking citizen input to assist in this effort. You
are invited to attend the Citizen Participation meeting
scheduled for the community to discuss
your community's needs and present projects designed to
meet those needs. The meeting is scheduled for:
DATE:
TIME:
LOCATION:
He ask all
the
potential project sponsors in
community to attend this meeting.
We would also appreciate it if you would assist us in
notifying citizens of your community about the meeting by
distributing the enclosed flyers.
If you have any questions about the meeting or about
possible CDBG projects in your area. please contact me at
(714) 788-9770.
Very truly yours,
enclosure
Development Specialist
3499 TENTH STREET · RO. BOX 1180 · RIVERSIDE. CA 92502 o (714) 788-9770 · FAX (714) 7gN-1415
APPENDIX 9
COUNTY OF RIVERSIDE
ECONOMIC/COMMUNITY DEVELOPMENT
12 de Enero 1989
No. de Arch~vo' 4.001 (CP)
Estimado Residente'
RE: Junta Comunitaria para las Comunidades de Mecca. North
Shore y Oasis
E1 Departamento de Oesarrollo Economtco y Comunitario del Condado de Riverside
est~ planeando el "Community Development Block Grant Program" (Programa de
Desarrollo Comunitario por Medto de Donaciones Conjuntas) para el a~o
presupuestario pr6ximo (198g-go), y, a ~ste fin, busca informaci6n de los
ciudadanos afectados. Se le invita a asistir a una junta comunitaria prevista
para las comunidades de Mecca, North Shore y Oasis donde se discutir~ las
necesidades de la cumunidad y se hablar~ de proyectos aptos a responder a
dichas necesidades. La junta se llevarl a cabo:
FECHA:
HORA:
LUGAR:
Martes, 24 de enero de 1989
alas 6:00 de la tarde
E1Auditorio de la Escuela de Mecca
65-250 Coahuilla Street. Mecca
Suplicamos a todos los postbles,patrocinadores de proyectos ubicados en l a
comunidad de asistir a esta reunion.
St tiene preguntas favor de 11amarme al numero siguiente:
Espero poder contar con su presencia en la reunion.
(714) 788-9770.
PMC:njb
(41370)
Atentamente,
Patricia M. Conolly
Especialista en Oesarrollo
Econ6mico y ¢omunitario
3499 TENTH STREET · RO. BOX II,~I) - RIVERSIDE CA925(12 - (714) 788-9770 · FAX (714) 788-1415
APPENDIX 10
COUNTY OF RIVERSIDE
ECONOMIC/COMMUNITY DEVELOPMENT
FILE NO.
The Press-Enterprise
P. O. Box 792
Riverside, CA 92502
Gentlemen:
RE: NEHS RELEASE
Attached is a News Release regarding a
Citizen Participation meeting to be held in
the area. He would
appreciate it if the Release was published
in the Edition of the
Press-Enterprise during the week
of
Thank you for your cooperation. If you
have any questions or need additional
information, please contact ,
Development Specialist, at (?14) ?88-9??0.
Very truly yours,
JOH: :
attachment
Joe O. Hernandez
Assistant Director
3499 TENTH STREET o P.O. BOX 1180 ,, RIVERSIDF CA 92502 · (714) 788-9770 · FAX (714) 788-1415
COUNTY OF Ri¥£RSlDE
!~CONOMIC/COMMUNITY DEVELOPMENT
FILE NO:
Gentlemen:
SUBJECT: NEWS RELEASE
Attached is a News Release regarding Citizen
Participation meetings to be held in
the area. We would
appreciate it if the article was published in
your paper during the week
of
Thank you for your cooperation. If you.have
any questions or need additional information,
please contact ,
Development Specialist, at (714) 788-9770.
Very truly yours,
JOH: :
attachment
Joe O. Hernandez
Assistant Director
3499 TENTH STREET · P.O. BOX 1180 · RIVERSIDE. CA 92502 · (714) 788-9770 - FAX (714) 788-1415
COUNTY OF RIVERSIDE
ECONOMIC/COMMUNITY DEVELOPMENT
Gent1 emen:
RE: NEHS RELEASE
Attached is a News Release regarding a Citizen
Participation meeting to be held in
the area. We would appreciate it if
the article was broadcast over your local
programming channel during the week
of
Should you have
contact
at (714) 788-9770.
any questions, please
· Development Specialist,
... Very truly yours,
JOH: :
attachment
Joe O. Hernandez
Assistant Director
3499 TENTH STREET · RO. BOX 1180 - RIVERSIDE. CA 92502 · (714) 788-9770 · FAX (714) 788-1415
APPENDIX 11
COUNTY OF RIVERSIDE
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
COMMUNITY NEEDS ASSESSMENT FOR
From the following list, please select the five activities or services which
you consider most needed in your community; then rank those five from 1 to 5,
based upon what you feel are the greatest needs in your community.
I = Greatest Need
ELIGIBLE
RANK ACTIVITIES OR SERVICES COMMENTS
Parks
Roads
Hater Lines
Sewer Lines'
Flood Control
Fire Protection
Community Center
Senior Center
New Housing
Repair Housing
Public Service Program
Business Develooment
Handicapped Facilities
Child Care Facilities
Street Lights
Sidewalks. Curbs & Gutters
Additional Comments or Suggestions:
5 : Little Need
PMC:glj
(4452D)
APPENDIX 12
COUNTY OF RIVERSIDE
Community Development Block Grant Program
Entitlement Funds Project Application Form
The attached form must be completed by all agencies or entities applying for
Entitlement Funds, and is to be used only for Entitlement projects. ALL
QUESTIONS MUST BE ANSWERED, AND REQUIRED DOCUMENTATION ATTACHED. INCOMPLETE
APPLICATIONS WILL NOT BE PROCESSED FOR REVIEW. If additional space is
required to complete the response, continue the answer on additional attached
sheets, in sequence, and numbering the response.
Funds will be available after July l, 1989. Should you require any assistance
in completing the application, contact the appropriate Area Representative at
(714) 788-9770. You are encouraged to submit your application well before the
deadline to allow ample time for review, completeness, and accuracy.
AREA REPRESENTATIVE
SUPERVISORIAL DISTRICT
Jim Tebbetts 1
John Viafora 2
Margarita H. de Escontrias
Jim Tebbetts
Aurelio Aguirre
Patricia Conol ly
4
Jose Amador 5
The signed original with attachments and one (1) complete copy of the project
application must be submitted to this office by 5:00 p.m. March lO. 1989.
Department of Economic
&
Community Development
3499 Tenth Street
P.O. Box l180
Riverside, CA 92502
PMC:slw
(4454D)
PROPOSAL NUMBER
Date Recetved
1989 - lg90
ENTITLEMENT FUNDS PROJECT PROPOSAL
COUNTY OF RIVERSIDE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)
I GENERAL INFORMATION:
Name or Primary Activity Sponsor:
Address:
Telephone Number: ( )
Zip Code:
Contact Person:
Title:
Address (If different from above):
II
PROJECT DESCRIPTION: (check applicable category)
Real Property Acquisition ~Public Service
Capital Equipment
Planning/Studies
Other: explain
A. Name of Project:
Location of Project:
Housing
Rehabilitation/Preservation
(please provide picture of structure)
Public Facilities Improvements
(construction)
Provide a detailed description of the proposed project by
describing precisely what is to be accomplished with the
requested funds.
1. Provide a detailed description in quanttfiable terms:
(attach additional sheets if necessary)
-2-
2. Explatn how the project appropriately addresses the
Identified needs of the area to be served. Identtfy the
needs;. and explain ho~ these needs were identified
--- -study. survey, etc.)(attach additional sheets tf necessary)
3. Identify the census tracts served by the proposed project.
(If countywide benefit, so Indicate) (Attach additional
sheets tf necessary)
-3-
4. Zf this is a public service activity:
(A) Zs this a new service provided by your agency? Yes_
No (B) If service is not new. viii the proposed
·acttvtty substantially increase -~he .existing level*~'*of
service? Explain how the service wtll be substantially
increased. (attach additional sheets if necessary)
5. Discuss the pro~ect"s effect on lov and m)derate income
residents. identifiable groups and neighborhoods.
highlighting the expected benefits to the residents:
(attach additional sheets if necessary)
-4-
III
6. Attach maps of proposed pro~ect's location and service area.
PRO~ECT BENEFIT:
'To be eligible for CDBG funding. a project-must qualify
within one of the three following categories. Indicate how
the activity meets the following categories of benefits.
Indicate the source of the information provided.
CATEGORY 1. PRIMARY BENEFIT TO LOW AND MODERATE INCOME
PERSONS.
Number of all persons to be served by this project
Number and percent of low and moderate income households to
be served by this project ............... # ~
(Low and moderate income households less than $14.550 annual
income).
Source
Median Household Income of area to be served: ......
Number and percentage of elderly (60 yrs. +) to be served by
this project: .................................... #
Source
Number and percentage of minorities to be served by this
pro~ect: .................................. . ....... #
Source
CATEGORY 2. PREVENTION OF ELIMINATION OF SLUMS AND BLIGHT:
Provide Documentation:
Is the project located in a Redevelopment Area:
Source:
CATEGORY 3. DOCUMENTED HEALTH OR SAFETY CONDITION OF
PARTICULAR URGENCY:
Provide Documentation:
Source:
-5-
IV FINANCIAL INFORMATION:
A. Complete the following annual budget to being on July 1,
,lgSg. If multi-year funding is requested, attach a bud~t
for each additional year. If these 11ne items are not
applicable to. your activity, please attach an appropriate
budget.
BUDGET (FY 89-90)
CDBG FUNDS *OTHER FUNDS TOTAL
Planning/Studies
$ $ $
Architectural Engineering Design $
$ $
Real Property Acquisition
$ $ $
Construction/Rehabilitation
$ $ $
Capital Equipment
$ $ $
Ad~fnistration
Identify:
(Salaries, Fringes,
(Operating Expense,
$ $ $
Contingency $ $ $
Other $ $ $
Specify:
Total Costs $ $ $
TOTAL CDBG FUNDS REQUESTED $
*B. Identify other funding sources; identify commitments or
applications for funds from other sources to implement this
activity. Attach evidence of commitment.
Type of
Fundtnq Source Amount of Funds Available Date Available Commitment
-6-
ITEM NO.
14
APPROVAL
CITY ATTORNEY
FINANCE OFFICER ~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA AGENDA REPORT
City Council
David F. Dixon, City Manager
February 12, 1991
City Council/City Manager Strategic Planning Workshop
RECOMMENDATION:
It is recommended that the City Council approve the expenditure of funds necessary
to conduct a strategic planning workshop and authorize the City Manager to arrange
for accommodations and other necessary facilities.
STAFF REPORT:
Pursuant to the Team Building Workshop sponsored by the League of California Cities
and the favorable response and experience that was apparent. from our involvement,
I asked David Jones, President of Sentient Systems, to present to us an outline of a
workshop. The objectives of the workshop will be:
Establish norms that provide for the highest possible effectiveness as a decision
making and policy setting team.
B. Increase openness and communication between all the participants.
C. Deepen the trust level between all participants.
D. Develop a long range consensus vision for the City; year 2010.
E. Create short-term priorities for the City, 1990-92.
Gain more awareness of their own and others' decision-making styles and
needs.
G. Resolve specific issues raised by individual participants.
The procedures that we will follow are as follows:
A. Step One: Preparation/Interviews (approximately two weeks prior to workshop)
A group meeting with all workshop participants to explain the process and
answer any questions; and one-hour individual interviews with each participant
to identify any specific issues or areas of concern· The information gathered
will be collated, analyzed and used to design the workshop. Any part of the
interview will remain confidential at the participant's request.
B. Step Two: Designing the Workshop
The actual design will be based on the data collected from the interviews.
Strategic Planning Workshops, as conducted by Sentient, are a blend of action
planning, problem solving and communication exercises leading to specific
decisions as well as to a more cohesive team. The problem solving focuses on
real issues with the group making decisions to resolve those issues. This
approach provides three important elements:
a pragmatic approach that gives the participants concrete results;
a real life forum in which the communication end other working norms
of the team can be explored and discussed;
an opportunity to try out new ways of working together to make the
team more effective.
C. Step Three:
The workshop will be held away from the work environment and, if possible,
in a relaxed informal setting. The methodologies used will be highly experiential
and will include management instruments (for example, the Interpersonal
Influence Inventory which gives participants feedback as to how others view
their management and leadership styles), our Delphi IIc strategic planning
process, presentation of theories, structured exercises to provide participants
an opportunity to practice skill building, and a lot of group discussion and
feedback.
Sample designs of similar workshops conducted by Sentient Systems, Inc., are
included in Appendix D to illustrate possible designs and methodologies for the
sessions. These sample designs would be redesigned to specifically fit the
objectives and timeframes set forth in this proposal. Also included are related
reports and articles.
D. Step Four: Preparing For, Designing and Directing the Sessions
A possible schedule for the three-day Workshop with appropriate breaks:
DAY ONE
3:00 p.m.-
4:00 p.m. -
7:00 p.m. -
4:00 p.m.
6:30 p.m.
10:00 p.m.
Arrival
Session #1
Dinner and Informal Discussion
DAY TWO
7:30 a.m. -
8:30 a.m. -
12:00 noon
1:00 p.m. -
7:30 p.m. -
8:30 a.m.
12:00 noon
- 1:00 p.m.
7:00 p.m.
10:00 p.m.
Breakfast
Session #2
Lunch
Session #3
Dinner and Informal Discussion
DAY THREE
7:30 a.m. -
8:30 a.m. -
12:00 noon
1:00 p.m. -
2:30 p.m. -
3:30 p.m.
8:30 a.m.
12:00 noon
- 1:00 p.m.
2:30 p.m.
3:30 p.m.
Breakfast
Session #4
Lunch
Session #5
Feedback, Summary, Evaluation
Close
E. Step Five: Writing the Report
A full written report of all activities, theories presented, decisions made, and
action plans developed will be compiled by Sentient Systems, Inc. for
distribution to all the participants.
In discussing the objectives of the City with David Jones, it was felt that an ongoing
educational program would be essential for Temecula and especially now in its
infancy. The City would be involved in a number of strategic planning sessions. The
first one is outlined above and other sessions will include the commissions and staff.
The possible dates for the workshop are March 8-10, April 26-28, or May 24-26.
It is my recommendation that the City Council approve the contract with Sentient
Systems, Inc. and authorize the City Manager to arrange for facilities and determine
the most appropriate date for the sessions.
FISCAl IMPACT:
The costs associated with the first strategic planning session are outlined on page 13
of the proposal. For professional services and supplies a cost of approximately
$11,325, per diem expenses would be in addition to that amount as well as costs to
arrange for facilities and meals.
Unencumbered funds exist in the Fiscal Year 1990-1991 Budget for City Council
consulting services for the indicated amount.
ITEM' NO. 15
Resolution No. 90-30
Page 10
Ron Parks
Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 20th day of
March, 1990 by the following vote of the Council:
AYES: 5
NOES: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
Birdsall, Lindemare, Moore
Munoz, Parks
ABSENT: 0 COUNCILMEMBERS:
~D~'S. Greek
puty City Clerk
3\Rmm\90.30 03\22\~0 10:2~am
sff/AGRl16270v(01/22/91-8)
AGREEMENT REGARDING SALES TAX REVENUES
AS TO BUSINESSES LOCATED WITHIN THE BOUNDARIES
OF COMMUNITY FACILITIES DISTRICT NO. 88-12
(YNEZ CORRIDOR)
OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
THIS AGREEMENT is made and entered into this
day of , 1990, by and among ADVANCED
CARDIOVASCULAR SYSTEMS, INC., a California corporation, BANK
OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a
national banking association, DEL TACO RESTAURANT PROPERTY
III, a , GOOD LAND INVESTMENT, a
California limited partnership, BEDFORD DEVELOPMENT COMPANY,
a California corporation, TOMOND PROPERTIES, a general
partnership, NICOLAS E. TAVAGLIONE, NORTH COUNTY BANCORP, a
California corporation, PACIFIC SOUTHWEST REALTY COMPANY, a
Delaware corporation, RANCHO MOBILE HOME ESTATES, a limited
partnership, RANCHO REGIONAL SHOPPING CENTER, INC., a
California corporation, RANCHO VILLAGE ASSOCIATES, a limited
partnership, SAN DIEGO FEDERAL SAVINGS AND LOAN ASSOCIATION,
a , MARUBENI MOTOR SERVICE, INC., a
California corporation, WILLIAM P. and PATRICIA D. JOHNSON,
husband and wife, WORLDWIDE EXECUTIVE PROPERTIES, INC., a
California corporation, ATWOOD & ANDREWS DEVELOPMENT,
, JOHN and JUDY HARRISON,
VINCENT JOHNSON, ELI LILLY & COMPANY, ,
THOMAS E. and KATY GRIFFIN, and VMDT
-1-
sff/AGRl16270v(01/22/91-8)
PARTNERSHIP, a Pennsylvania limited partnership, hereinafter
referred to collectively as the -Owners," and the CITY OF
TEMECULA, a municipal corporation hereinafter referred to as
the "City."
WHEREAS, prior to incorporation of the City, the
County of Riverside (the "County") initiated and conducted
proceedings pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended, Chapter 2.5 (commencing with
S 53311) of Division 2 of Title 5 of the Government Code
(the #Mello-Roos Act"), for the establishment of Community
Facilities District No. 88-12 (Ynez Corridor) of the County
of Riverside, State of California (the "District"), the
authorization of a bonded indebtedness for the District in
an aggregate principal amount not to exceed $60,000,000, and
the levy of special taxes on parcels of taxable property
therein to pay the principal of and interest on bonds which
may be issued to represent such bonded indebtedness and to
finance the design and construction of certain public
facilities; and
WHEREAS, all proceedings pursuant to the Mello-Roos
Act with respect to the establishment of the District, the
authorization of the bonded indebtedness therefor and of the
-2-
sff/AGR116270v(01/22/91-8)
levy of special taxes on taxable property therein to pay the
principal of and interest on the bonds thereof have been
completed as of ; and
WHEREAS, the District is therefore authorized to
incur bonded indebtedness and issue bonds in an aggregate
principal amount not to exceed $60,000,000 to provide for
the construction of public facilities; and
WHEREAS, among the public facilities which are
proposed to be financed with the proceeds of the bonds of
the District are the construction and widening of Ynez Road
to a six (6) lane width from the north property line of the
property where the Advanced Cardiovascular Systems building
is located southerly to its intersection with Rancho
California Road, the construction of the Apricot Street
over-crossing of Interstate Highway 15, including the
acquisition of the right-of-way therefor, the addition of
loop-ramps at the entrances of Rancho California Road and
Winchester Road to Interstate Highway 15, the acquisition of
land for the future development of regional and local parks,
and the acquisition of all or a portion of Solano Way, a
portion of Ynez Road at its intersection with Solano Way and
all or a portion of certain water, sewer and storm drain
improvements located therein (the mPublic Facilitiesm), all
of which projects are required by the City and the County
-3-
sff/AGRl16270v(01/22/91-8)
and which will be of general benefit to residents throughout
the City and the surrounding area; and
WHEREAS, at a special election called by the County
pursuant to Government code S 53326, held on March 23, 1990,
two-thirds of the votes cast were in favor of the District's
incurring a bonded indebtedness to finance the Public
Facilities and the levy of a special tax to pay the
principal and interest on such bonded indebtedness, thereby
satisfying the condition precedent set out in Section 6 of
Resolution 90-30; and
WHEREAS, upon the issuance and sale of the bonds of
the District to finance the construction and acquisition of
the Public Facilities, special taxes approved at such
special election, will be levied commencing with FY
on the property comprising the District to pay the principal
of and interest on such bonds; and
WHEREAS, the territory within the District is
located entirely within the City and will be developed for
commercial, industrial and residential uses, and such
commercial and industrial uses will provide significant
sales and use tax revenues to the City; and
WHEREAS, the City will benefit both from the con-
struction of the Public Facilities and the increase in sales
and use tax revenues that will be derived from commercial
-4-
sff/AGRl16270v(01/22/91-8)
and industrial businesses which locate within the District;
and
WHEREAS, the Owners own all property within the
boundaries of the District, a legal description of which is
attached hereto, marked as Exhibit A, and by this reference
incorporated herein, and intend to develop their property
within the District for commercial, industrial and residen-
tial uses consistent with the General Plan of the City; and
WHEREAS, prior to incorporation of the City, the
Board of Supervisors of the County, as an inducement to the
Owners to proceed with the financing of the construction of
the Public Facilities and the development of their property
to provide such sales and use tax revenues, agreed with the
Owners to annually appropriate and make available for the
payment of principal of and interest on the bonds of the
District a portion of the sales and use tax revenues
received by the County from commercial and industrial
businesses located within the District; and
WHEREAS, now that the City has become incorporated,
the County will not receive any sales and use tax revenues
from businesses located within the District, and all such
revenues will be received by the City; and
WHEREAS, the Owners have requested of the City that
the City enter into an agreement with them whereby the City
will make sales and use tax revenues received by the City
-5-
sff/AGRl16270v(01/22/91-8)
from commercial and industrial businesses located within the
District available for the payment of the principal of and
interest on bonds of the District which may be issued and
sold to finance the construction and acquisition of the
Public Facilities; and
WHEREAS, on March 20, 1990, the City Council of the
City adopted Resolution 90-30 specifying the terms and
conditions under which the City will enter into such an
agreement with the Owners to make a portion of the sales and
use tax revenues received by the City from commercial and
industrial businesses located within the District available
for the payment of the principal of and interest on the
bonds of the District which may be issued and sold to
finance the construction and acquisition of ,the Public
Facilities; and
WHEREAS, the purpose of this Agreement is to set
forth terms and conditions consistent with those contained
in Resolution 90-30 whereby the City will appropriate and
make available for the payment of the principal of and
interest on such bonds a portion of the sales and use tax
revenues received by the City from businesses located within
the District;
NOW, THEREFORE, in consideration of the premises
and the mutual covenants and conditions hereinafter set
forth, the parties do hereby covenant and agree as follows:
-6-
sff/AGRl16270v(01/22/91-8)
Section 1. RRCITAr.S.
are true and correct.
Section 2. PURPOSR.
The Recitals set forth above
The City annually will retain
up to fifty percent (50%) of the revenues of all sales and
use taxes realized from the commercial and industrial
businesses located on Developed Parcels (hereinafter
defined) within the District for the Reporting Period. The
retention of said funds will be subject to the conditions
set forth in Sections 5 and 6 hereof and only sales and use
tax revenues realized from businesses located on Developed
Parcels will be so retained. Any and all such funds are to
be applied to reimburse the Special Tax (hereinafter
defined) that is to be levied on Parcels (hereinafter
defined) within the District consistent with Section 8
hereof. The sales and use tax revenues which are the
subject of this Agreement are the revenues from the one
percent (1%) of sales and use taxes which are collected for
the City by the State Board of Equalization pursuant to Part
I (commencing with S 7200) of Division 2 of the Revenue and
Taxation Code.
Section 3. DRFINTTIONS. When used in this
Agreement, the following terms shall have the meanings
specified below:
(a) "Parcel" or "Parcels" means a parcel or
parcels of land located within the boundaries of the
-7-
sff/AGR116270v(01/22/91-8)
District as identified by the County Assessor of the County
of Riverside and owned by the Owners or their successors,
heirs or assigns.
(b) "Developed Parcel(s)" means a Parcel upon
which a commercial or industrial business is located as of
April I of any year and with curb and gutter adjacent
thereto.
(c) "Public Facilities" means
(1) Construction of the Apricot Street
Overcrossing of Interstate Highway 15 from Ynez Road to
Jefferson Avenue, including the acquisition of the right-of-
way required on both sides of Interstate Highway 15;
(2) The widening of Ynez Road to a six
(6) lane width with turning pockets at various intersections
commencing from the north property line of the property upon
which the Advance Cardiovascular System plant is located
southerly to its intersection with Rancho California Road,
including the acquisition of right-of-way, utility
relocations, and utility crossings (i.e., storm sewers,
sanitary sewers, water mains, gas mains, electrical
facilities, traffic signal facilities relocation, telephone
and cable television facilities, etc.);
(3) The construction of the freeway
loop-ramp at the southeast quadrant of the entrance of
Rancho California Road to Interstate Highway 15, including
-8-
sff/AGRl16270v(01/22/91-8)
the acquisition of the required right-of-way;
(4) The construction of the freeway
loop-ramp at the southeast quadrant of the entrance of
Winchester Road to Interstate Highway 15, including the
acquisition of the required right-of-way;
(5) The acquisition of park land and/or
the construction of facilities, buildings, and equipment for
local and regional park and recreational purposes; and
(6) The acquisition of all or a portion
of Solano Way and a portion of Ynez Road at their
intersection and certain water and sewer system and storm
drainage facilities in Solano Way and Ynez Road near said
intersection, including the acquisition of right-of-way
therefor, which have been constructed to support the auto
park located located at such intersection.
(d) 'Special Tax" or 'Special Taxes" means the
Special Tax or Taxes to be levied by the Board of
Supervisors of the County during each fiscal year to pay the
principal of and interest on the poz~cion of the bonds of the
District which is issued and sold to finance the
construction and acquisition of the Public Facilities.
(e) 'Reporting Period- means that period from
April I of the preceding calendar year to March 31 of the
current calendar year.
(f) 'Undeveloped Parcel(s)' means Parcels which
-9-
sff/AGRl16270v(01/22/91-8)
are not Developed Parcel(s).
Section 4. CONDITIONS PRECEDENT. The obligations
of the City under this Agreement are conditioned on the
District issuing and selling bonds to finance the
construction of the Public Facilities necessitating the
annual levy of the Special Taxes. The conditions specified
in Section 6 of Resolution No. 90-30 have been satisfied.
DETERMINATION AND PAYMENT OF SALES &
Section 5.
USE TAX RECEIVED:
A.
The City at its discretion, after
consulting with Owners, shall establish procedures pursuant
to the requirements of this Agreement to determine annually
the amount of the Special Tax, the sales and use taxes paid
by each Developed Parcel for each Reporting Year and to pay
to Owners such sales and use taxes according to the
following formula:
1. Twenty-five percent (25%) of the
sales and use tax if the amount of the bonds the District
has issued do not exceed Twenty Million Dollars
($20,000,000.00); and
2. One and one-quarter additional
percent (1.25%) of the sales and use tax for each additional
One Million Dollars ($1,000,000.00) of bonds the District
issues. By way of example:
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of Bonds Issued
$20,000,000.00
$20,999,999.99
$21,000,000.00
Sales & Use Tax
25%
25%
26.25%
3. In no event shall the percentage
exceed fifty percent (50%).
B. Once any Special Tax paid in prior years,
but not reimbursed with sales and use tax, is paid pursuant
to Section 9, the percentage of the sales and use tax to be
paid to the Owners to reimburse their Special Tax shall be
readjusted annually so as to be sufficient to reimburse the
Owners for the Special Tax for the matching annual period.
C. City may establish a trust account or
subfund into which sales and use tax revenues may be
deposited. Any interest earned by such account shall be
retained therein and used for the same purposes.
D. City may determine to appoint or
designate a trustee or o~her employee to handle the
determination of sales and use tax proceeds to be
reimbursed.
E. Any such procedures shall provide for the
method by which City or its designee shall determine and
reimburse such amounts to Owners upon proof of payment of
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the Special Tax. The method of payment shall be determined
by City and a majority of the owners prior to finalization
of such procedures.
same method.
Section 6.
All Owners shall be paid utilizing the
APPROPRIATION OF SALES AND USE TAX
RRVRNUES. Notwithstanding any other term, covenant or
condition contained in any section of this Agreement, while
the City agrees to use its best efforts to appropriate sales
and use tax revenues each year throughout the term of this
Agreement, the City does not unqualifiedly and irrevocably
obligate itself so to act, nor to expend any funds of the
City, nor does the City incur any specific obligation or
indebtedness hereunder which shall extend beyond the fiscal
year of the City within which this Agreement shall have been
entered into, and the City has and shall continue to have
and enjoy the absolute right to expend the sales and use tax
revenues accruing in any future fiscal year in any manner
which the City shall deem appropriate in the sole exercise
of its discretion. The City shall in no way be obligated to
make such appropriation if there are not sufficient funds in
the general fund of the City to do so. No part of such
specified deposits shall be appropriated or otherwise made
available or used either directly to design, acquire or
construct or pay principal and interest on bonds of the
District issued and sold to finance any improvements other
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than the Public Facilities.
Section 7. SALES TAX INFORMATION. The Owners of
Developed Parcels must provide the City or its designee with
all of the information required by the document entitled
"Information on Sales and Use Tax Reporting and Required
Information" which is attached hereto, marked as Exhibit B,
and by this reference incorporated herein. It is the
obligation of the business and the Owner of the affected
Developed Parcel to provide the required information to the
City or its designee in a timely manner as determined under
Section 5 and to keep the information accurate annually
during the term of this Agreement. Failure to supply the
required information as set out herein will result in a
Developed Parcel not receiving any credit for sales and use
tax revenues received by the City for the business that is
located thereon for that fiscal year; provided, however,
that the failure of a Parcel to become a Developed Parcel or
of a Developed Parcel to receive a credit for sales and use
tax revenues shall not preclude the owner of the Parcel from
receiving the benefits of this Agreement.
Section 8. USR OF SAL~S AND USE TAX REVENUES.
Sales and Use Tax Revenues shall be paid to the Owners
pursuant to Sections 5 and $ to offset the Special Tax
obligation of the Parcels within the District with respect
to the principal of and interest on the portion of the bonds
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of the District which have been issued and sold to finance
the construction and acquisition of the Public Facilities in
the following manner:
(a) The sales and use tax revenues received during
a Reporting Period from a commercial or industrial business
located on a Developed Parcel will be applied to the Special
Taxes for the Developed Parcel(s), pursuant to the procedure
developed as set forth at Section 5.
(b) Should the sales and use tax revenues received
and applied to a Developed Parcel exceed the Special Taxes
for that parcel, the excess shall be applied pro rata to all
other Parcels (whether or not they are Developed Parcels),
the Special Tax for which has not been fully offset by the
application of sales and use tax revenues, so that the
Special Tax for all such Parcels shall as nearly as possible
be reduced by the same percentage.
(c) To the extent that such the amount 'of the
Special Tax on any Parcel in any fiscal year exceeds the
sales and use tax revenues applied to that parcel as set out
in subparagraphs (a) and (b) above, the Owners shall pay the
additional amount of such Special Tax for each such fiscal
year.
(d) Any revenues of sales and use tax remaining
after application thereof as provided in subparagraph (a)
and (b) above shall be transferred to the general fund of
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the City or made available for reimbursement pursuant to
Section 9 hereof.
Section 9. RRIMBURSFM£NT FOR PRIOR FISCAT. YEARS.
It is contemplated that in the later years of the term of
this Agreement, the sales and use tax revenues received from
commercial and industrial businesses located on Developed
Parcels and to be appropriated annually by the City Council
for the payment of the Special Taxes pursuant to Section 5
may exceed the amount of the Special Taxes levied on all
Parcels. In the event of such an excess in any fiscal year
the City Council shall appropriate and make available such
excess first to reimburse the Owners of Developed Parcels
pro rata for Special Taxes which they paid in prior fiscal
years when sales and use tax revenues appropriated by the
City were not sufficient to pay the full amount of the
Special Taxes, and then to.the extent any excess remains to
reimburse the Owners of Parcels which are not Developed
Parcels pro rata for such Special Taxes. Such reimbursement
shall be made without interest and shall be credited first
to the earliest fiscal year in which Special Taxes exceeded
sales and use tax revenues. In the event that there is no
such excess in any fiscal year, the City shall be under no
obligation to make such reimbursement. Notwithstanding the
foregoing, the City Council shall have the absolute autho-
rity in any fiscal year to determine whether or not to make
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an appropriation of sales and use tax revenues pursuant to
this section, and shall have no obligation to make any con-
tribution or reimbursement pursuant to this Agreement from
any other funds of the City.
Section 10. TRAFFIC IMPACT FEES.
(A) The City Council shall initiate, conduct
and complete proceedings for formation of an area of benefit
or to levy and collect traffic impact fees, as allowed by
law, including, but not limited to, those authorized
pursuant to Section 66484 of the Government Code, to be paid
by the affected owners of property as a condition to the
issuance of building permits or final inspection to finance
the design and construction (or reimbursement to the
District or the Owners therefor) of roads, bridges and other
traffic facilities which are of benefit ~Lhroughout the City
(the "Traffic Impact Fees-) specifically including, but not
limited to, the cost of construction of the fifth and sixth
lanes of Ynez Road. Upon the establishment of Traffic
Impact Fees the Owners, notwithstanding any prior agreement
with the County, shall pay such Traffic Impact Fees as
determined by the City upon the issuance of building permits
or final inspection. The City Council may but is in no
manner required to elect in any fiscal year to pay all or
any portion of the Special Taxes levied on Parcels, which
would otherwise be paid with sales and use tax revenues
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appropriated by the City Council pursuant to Sections 5 and
6 hereof, with revenues of the Traffic Impact Fees or other
available funds; provided, however, that neither the general
revenues nor the full faith and credit of the City is in any
manner pledged for such payment.
(B) The Owners hereby consent to the
formation of any district for, or the levy and collection
of, such Traffic Impact Fees, waive their rights to protest
such formation, levy or collection, but not to object to the
method of allocation of costs or fee apportionment.
Section 11. DEDICATION AND ACOUISITION OF PROPERTY.
(A) The Owners whose parcels have frontage on
Ynez Road or Solana Way hereby agree that they will execute
and deposit with the City irrevocable offers to dedicate the
land necessary to accomplish the widening of Ynez Road as
described at Section 3(c)(2) of this Agreement. The Owners
shall make the offer of dedication within thirty (30) days
of receiving written demand from the City for the land.
Attached as Exhibit D is a preliminary description of the
land necessary to be dedicated in order to widen Ynez Road
as described at Section 3(c)(2) of this Agreement. Owners
acknowledge that this description is preliminary, that they
may be required to dedicate land other than that depicted in
Exhibit D, and then they will be required to dedicate a
temporary construction easement beyond the land depicted in
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Exhibit D.
(B) If any easement or right-of-way or parcel
of property which is .necessary for construction of the
Public Facilities which has not been dedicated by any of the
Owners must be acquired by the City from the Owners, the
date of valuation of such right-of-way easement or parcel
for purposes of such acquisition shall be March 20, 1990.
Section 12. CONDITION OF BUILDING PERMITS. The
Owners of Parcels that are without curb, gutter, sidewalk or
four lanes of improved streets adjacent thereto as
of , 1990 agree that the issuance of building
permits for their projects with frontage on Ynez Road or
Solano Way or the intersection of Solano Way and Ynez Road
shall be conditioned on payment or repayment to the City of
the following:
(1) The costs of construction of two lanes of
Ynez Road or two lanes of Solano Way, or
if any Parcels have frontage on both Ynez
Road and Solano Way, two lanes of each of
said streets;
(2) Two-thirds of the cost of any utility
relocation not borne by the utility; and
(3) The cost of construction of the curb,
gutter, sidewalk and parkway fronting
said Owner,s Parcel(s).
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The precise allocation of such payment or
repayment shall be determined pursuant to a formula to be
developed by the City Engineer. Further, the City may place
a contingent assessment for such costs on each such
Undeveloped Parcel. The form of the repayment shall be at a
reduction in the subsequent sales and use tax payments
provided at Section 5 and 6, until the amount has been
repaid.
Section 13. PAYMENT OF TAXRS. Notwithstanding the
preceding provisions of this Agreement, no Parcel shall be
entitled to or receive benefit under this Agreement in any
fiscal year if property taxes and assessments levied thereon
in prior fiscal years are delinquent.
Section 14. TERM. This Agreement shall remain in
effect as long as the levy of special taxes is required to
pay that portion of the bonds issued and sold by the
District to finance the construction and acquisition of the
Public Facilities.
Section 15. ?NURRMENT. This Agreement shall be
binding upon and inure to the benefit of the parties hereto,
and to their respective heirs, executors, administrators,
successors and assigns.
Section 16. AUTHORITY. Each party hereto repre-
sents and warrants to the other parties that it has the
power and authority to enter into this Agreement, and that
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each person executing this Agreement on its behalf has been
duly authorized so to act for and on behalf of such party.
Section 17. INCORPORATION OF PROVISIONS REOUIRED
BY ?.%W. Each provision and clause required by law to be
inserted into this Agreement shall be deemed to be included
herein, and this Agreement shall be read and enforced as
though each such provision were included herein, it being
specifically provided that if through mistake or otherwise
any such provision is not inserted or is not correctly
inserted, this Agreement shall be amended to make such
insertion upon application by any party hereto.
Section 18. SEVERABILITY. Each section and
provision of this Agreement is severable from each other
provision, and if any provision or part hereof shall be
declared invalid, the remaining provisions shall neverthe-
less remain in full force and effect.
Section 19. ~TIRR AGREEMENT. It is expressly
agreed that this Agreement embodies the entire agreement of
the parties in relationship to the subject matter hereof,
and that no other agreement or understanding, verbal or
otherwise, relative to the subject matter hereof exists
between the parties at the time of execution, and that this
Agreement may be modified or amended only by a writing
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signed by the duly authorized and empowered representatives
of each and all of the parties hereto.
Section 20. NOTICFS. Any notices required or
permitted to be served by any party upon the others shall be
addressed to the respective parties as set forth below, or
to such other address as shall be designated by proper
notice given from time to time by the respective parties
hereto:
TO CITY:
city of Temecula
43172 Business Park Drive
Temecula, CA 92390
Attn: City Manager
With Copy To:
Scott F. Field, Esq.
City Attorney
Burke, Williams & Sorensen
3200 Bristol Street
Suite 640
Costa Mesa, CA 92626
TO OWNER ¢ S):
Advanced Cardiovascular Systems, Inc.
26531 Ynez Road
Temecula, CA 92390
Atwood & Andrews Development
40791 Daily Road
Fallbrook, CA 92028
Bank of America Nat1 Tr & Svgs
P.O. Box 37000
San Francisco, CA 94137
Bedford Development Co.
P.O. Box 9016
Temecula, CA 92390
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De1 Taco Restaurant Prop III
345 Baker Street
Costa Mesa, CA 92626
Eli Lilly & Co
Lilly Corp Center
Indianapolis, IN 46285
Good Land Investments
2142 Lime Lane
Santa Ana, CA 92705
Thomas E. & Katy Griffin
31307 Santiago Road
Temecula, CA 92390
John & Judy Harrison
26755 Ynez Road
Temecula, CA 92390
Vincent Johnson
4275 Executive Sq., Ste. 1040
La Jolla, CA 92037
William P. & Patricia D. Johnson
29400 Rancho California Road
Temecula, CA 92390
Marubeni Motor Service, Inc.
333 S. Grand Avenue
Los Angeles, CA 90071
North County Bancorp
P.O. Box 1476
Escondido, CA 92025
Pacific Southwest Realty Co.
P.O. Box 2097, Term Annex
Los Angeles, CA 90051
Rancho Mobile Home Estates
29994 Corte Cantera
Temecula, CA 92390
Rancho Regional Shopping Center
3470 Mr. Diablo Blvd., Ste. A100
Lafayette, CA 94549
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Rancho Village Assoc.
P.O. Box 1027
Temecula, CA 92390
Rancho Village Assoc.
29400 Rancho California Rd.
Temecula, CA 92390
San Diego Federal Savings
& Loan Assoc.
P.O. Box 85459
San Diego, CA 92138
Nicholas E. Tavaglione
3545 Central Ave., Ste 200
Riverside, CA 92506
Tomond Properties
P.O. Box 2159
Escondido, CA 92025
VMDT Partnership
1100 Ridge Pike No. 200
Conshohocken, PA 19428
Section 21. APPLICABLE ?.AW. This Agreement is made in
the State of California under the laws and constitution of such
State, and is to be so construed.
Section 22. COUNTERPARTS. This Agreement may be
executed in counterparts signed on behalf of the City and one or
more of the Owners. Each such counterpart shall be an original
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agreement, but all such counterparts shall together constitute a
single agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the day and year first above written.
CITY OF TEMECULA
RON PARKS, MAYOR
ATTEST:
DAVID F. DIXON, CITY CLERK
OWNER(S)
By:
Title:
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EXHIBIT B
Information on Sales and Use
Tax Reporting and Required Information
By statute, the City of Temecula is to receive one percent of the
sales and use tax collected for transactions which occur within
the territory of the City. For the City to receive this one
percent, the reporting business must report the transaction as
having occurred within the City, or the tax proceeds will either
be retained by the State or paid over to another governmental
entity.
In order to verify that the City has received one percent from
the reported transactions of a particular business, the City must
have both the business identification number and the industry
code that have been assigned to the business by the State Board
of Equalization. The industry code is a two digit number and the
identification number is a fourteen digit number, the first of
five digits of which are letters. From the identification
number, certain additional information can be determined as to
the nature of the business and the reporting process required of
it. At this point, an example is necessary - the following
identification number is fictitious:
SREHA 101010000
The initial two letters indicate whether the reporting business
has single or multiple business locations from which reportable
transactions occur. If the initial two letters are "SR#, "SS# or
#SX#, the reporting business is considered to have a single
location which does not require any apportionment of the sales
and use tax reported. If the initial two letters are #FY# or
"SZ", then multiple business locations are indicated requiring an
apportionment of the sales and use tax between the locations and
the filing of form BT-530, Schedule C. It is not uncommon for a
business, once it begins to expand, to fail to report to the
State Board of Equalization that it has multiple locations
requiring a new identification number. There is no penalty for
failing to do so.
The governmental entity that will receive the one percent of
sales and use taxes for a business is determined by a five digit
area code that appears on the permit issued by the State Board of
Equalization as well as the return filed by the reporting
business. The area code for the City of Temecula is ·
If this number does not appear on the return, if a single
location business, or on the form BT-530, Schedule C, if a
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sff/AGR116270v(01/22/91-8)
multiple location business, the City will not receive any sales
and use tax revenues from the State Board of Equalization.
If a single location business has relocated its business to
within the City, but retained an alternate address either for
receipt of mail or reporting sales taxes, there is a real
likelihood that the area code on the return for the business is
incorrect and the wrong governmental entity is receiving the one
percent. Similarly, an expanding business with more than one
business location will need to inform the State Board of
Equalization of that fact, receive a corrected or new identi-
fication number, and file the appropriate forms with its return.
The property owner of any parcel within the District must provide
or cause to be provided to the Finance Director of the 'City of
Temecula the Assessor's Parcel Number for the affected parcel and
a copy of the Sales Tax Permit issued by the California State
Board of Equalization to the business located on the affected
parcel.
APPROVAL ~
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
A¢~ENDA REPORT
TO:
FROM:
DATE:
MEETING DATE
SUAJECT:
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY
JANUARY 24, 1991
JANUARY 29, 1991
COMMUNITY FACILITIES DISTRICT 88-12 (YNEZ CORRIDOR) -
SALES TAX AGREEMENT
RECOMMENDATION: That the City Council approve the Agreement entitled "Agreement
Regarding Sales Tax Revenues As To Businesses Located Within The Boundaries Of
Community Facilities District No. 88-12 (Ynez Corridor) Of The County Of Riverside, State
Of California", in substantially the form attached hereto with such changes and
modifications as approved by the City Manager and the City Attorney; and authorize the
execution and attestation of such agreement in its final form by the Mayor and City Clerk.
DISCUSSION: Prior to City incorporation the County established CFD 88-12 (Ynez
Corridor). At that time, the County did so with the understanding that it would commit a
portion of the sales tax generated within the CFD to be used to repay the special tax
obligations of the parcels located within the CFD. Last March 20, 1990, the City Council
adopted Resolution 90-30 specifiying the terms and conditions under which the City would
enter into a similar agreement with the owners. (A copy of Resolution 90-30 is attached.)
At that time, it was contemplated that Resolution 90-30 would serve as a memorandum of
understanding, and would be followed by a formal sales tax agreement. Attached is such
an agreement. Its key provisions are as follows:
Sales Tax Reimbursement The City will annually reimburse the owners
of parcels within the CFD for the amount of their special tax according
to the following formula:
If the amount of the bonds the District has issued do not exceed
$20 million, then the City will devote 25% of its share of the
sales and use tax (i.e., one quarter percent (I/4%) of the City's
one percent (1%)) to repay the debt.
Agenda Report - CFD 88-12 Sales Tax Agreement
Page 2
For each additional $1 million of bonds the District issues, the
City shall devote an additional one and one quarter percent
(1.25%). By way of example:
$ of Bonds Issued Sales & Use Tax
$20,000,000.00
25%
$20,999,999.99
25%
$21,000,000.00
26.25%
The percentage of the sales tax to be devoted to the repayment
of the special tax shall not exceed fifty percent (50%) of the
City's one percent (1%) share.
At this point in time, it is estimated that the special tax will exceed the
amount of available sales tax in the early years of the CFD. However,
the available sales tax will exceed the special tax in later years, and the
Agreement provides that any short-fall in the earlier years will be repaid
out of the additional sales tax available in the later years. The
Agreement further provides that the sales tax will first be used to
repay the special tax owing by the developed parcel that generates the
sales tax. Then, any additional sales tax will be used to pay for
undeveloped parcels. In this way, the Sales Tax Agreement
encourages the development of parcels, particularly towards
commercial, sales tax-generating developments.
Traffic Imoact Fees. At this time, the City is considering establishing a
traffic impact fee. The Agreement provides that the property owners
will participate in such a traffic impact fee program.
Dedication Of Pro~rtv. Owners of parcels which abut Ynez Road or
Solano Way have agreed by way of the Sales Tax Agreement that they
will dedicate to the City such land as is necessary to accomplish the
widening of Ynez Road. Further, the property owners with land
necessary for the construction of the freeway loops and the Apricot
Crossing agree that the date of valuation for the land that must be
acquired by the City for construction of these improvements shall be
March 20, 1990, the date of Resolution No. 90-30.
Recovery Of Part Of The Cost Of Widenin(] Ynez. At the time of
adoption of Resolution No. 90-30, the Council took the position that it
would not pay for widening Ynez to the extent the widening would
have been a typical condition of development. Since Ynez is a six lane
street, it was concluded by the Council that the typical development
Agenda Report - CFD 88-12 Sales Tax Agreement
Page 3
would be required to install two lanes of roadway from the center line
as well as curb, gutter and sidewalk. Consequently, the Agreement
provides that property owners without such improvements on their
property agree that the issuance of building permits for their projects
along Ynez or Solano shall be conditioned on payment or repayment to
the City of the cost of construction of two lanes of roadway plus curb,
gutter and sidewalk.
Effect Of Agreement. Without voter approval of a general obligation
bond, the City does not have the authority to unqualifiedly and
irrevocably obligate itself to act to repay the special tax beyond the
current fiscal year. Consequently, this Agreement explicitly states that
the City retains its discretion to expend its sales and use tax revenues
acquired in any future fiscal year in any manner is which the City shall
deem appropriate.
A TTA CHMENT$:
Sales Tax Agreement
Resolution No. 90-30
RESOLUTION 90-30
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REGARDING ITS INTENTION TO ASSIST
WITH THE FINANCING OF ROAI) kNl) TRAFFIC AND
PARK FACILITIES OF REGIONAL BENEFIT WITHIN THE
CITY BY MAKING CERTAIN SAI.~S TAX REVENUES
AVAILABLE FOR THE PAYMENT OF DEBT SERVICE ON
BONDS OF COMMUNITY FACILITIES DISTRICT NO. 88-12
(YNEZ CORRIDOR) OF THE COUNTY OF RIVERSIDE
WHICH MAY BE ISSUED TO FINANCE THE
CONSTRUCTION OF SUCH FACILITIES
WHEREAS, The County of Riverside (the "County") prior to incorporation, has
conducted proceedings pursuant to the Me1Io-Roos Community Facilities Act of 1982, as
amended, Chapter 2.$ (commencing with § 53311) of Division 2 of Title 5 of the
Government Code (the "Mello-Roos Act"), for the establishment of Community Facilities
District No. 88-12 (Ynez Corridor) of the County of Riverside, State of California (the
"District"), the authorization of a bonded indebtedness for the District in an aggregate
principal amount not to exceed $60,000,000, and the levy of special taxes on parcels of
taxable property therein to pay the principal of and interest on bonds which may be issued
to represent such bonded indebtedness and to finance the design and construction of certain
public facilities; and
WHEREAS, all proceedings pursuant to the Mello-Roos Act with respect to the
establishment of the District, the authorization of the bonded indebtedness therefore and
the levy of special taxes on taxable property therein to pay the principal of and interest on
the bonds thereof have been completed except the elections pursuant to Sections 53326 and
53351 of the Government Code; and
WHEREAS, among the public facilities which are proposed to be financed with the
proceeds of the bonds of the District are the construction and widening of Ynez Road to
a six (6) lane width from the north property line of the property where the Advanced
Cardiovascular Systems building is located southerly to its intersection with Rancho
California Road, the construction of the Apricot Street over-crossing of Interstate Highway
15, the addition of loop-ramps at the entrances of Rancho California Road and Winchester
Road to Interstate Highway 15, and the acquisition of land for the future development of
regional and local parks, and the acquisition of all or a portion of Solano Way, a portion
of Ynez Road at its intersection with Solano Way and all or a portion of certain water,
sewer, and storm drain improvements looted therein, all of which will be of general benefit
to residents throughout the City of Temecula (the "City") and the surrounding area and
which facilities are not private projects but those required by the City and the County (the
"Public Facilities"); and
WHEREAS, the territory within the District is looted entirely within the City and will
be developed for commercial, industrial and residential uses which will provide significant
sales and use tax revenues to the City; and
Resolution No. 90-30
Page 2
~/HEREAS, prior to the incorporation, the Board of Supervisors of the County, as
an inducement to the owners of the property within the boundaries of the District to
proceed with the financing of the construction of the Public Fadlities and the development
of their property to provide such sales and use tax revenues agreed with the owners of
property within the District to annually appropriate and make available for the payment of
principal of and interest on the bonds of the District a portion of the sales and use tax
revenues received by the County from businesses and industries located within the District;
and
WHEREAS, now that the City has become incorporated, the County will not receive
any sales and use tax revenues from businesses and industries located within the District,
and all such revenues will be received by the City; and
WHEREAS, the owners of the property within the District have requested of the City
that the City enter into an agreement with them whereby the City will make sales and use
tax revenues received by the City from businesses and industries located within the District
available for the payment of the prindpal of and interest on the bonds of the District which
may be issued and sold to finance the construction and acquisition of the Public Facilities;
and
WHEREAS, in order to induce such owners and their successors and assigns
(hereafter the "owners of property") to proceed with the elections to be conducted by the
County authorizing bonded indebtedness for the District and the levy of special taxes on
taxable property therein to pay the principal of and interest on bonds which may be issued
and sold to represent such bonded indebtedness and to finance the Public Facilities, it is
desirable that the City enter into such an agreement with the County and with owners of the
property within the District; and
WHEREAS, the City also requires certain agreements from the County and the
owners of property withirl the Distr/ct in order to make such sales and use tax revenues
available for the Public Facilities while assuring that funds will be available for other road
projects of benefit to City residents and the City may determine not to finalize an agreement
which does not contain corresponding agreements of the County and the owners of property
as set out in this Resolution; and
WHERKAS, since it is not possible for the City, the County and such owners to
negotiate the final terms and conditions of such an agreement and to have such an
agreement approved, authorized and executed on behalf of the City and the County an all
such owners prior to the last date upon which such elections can be held pursuant to Section
53326 of the Government Code, it is necessary and deskable that the City Council adopt
a resolution with regard to its intention to enter into such an agreement and to make a
portion of the sales and use tax revenues received by the City from businesses and industries
located within the District available to the County for the payment of the principal of and
Resolution No. 90-30
Page 3
interest on the bonds of the District which may be issued and sold to finance the Public
Facilities and spe~ the general terms and conditions of such an agreement; and
WHEREAS, the City may request that the County limit the amount of bonds to be
authorized in such elections and issued to that necessary to fund the Public Facilities and
expenses incidental thereto; and
WHEREAS, since additional road and tra~c facilities including, but not limited to;
the Public Facilities also are of benefit to property owners and residents of the City, it is
also equitable and desirable that the City Council proceed with the establishment of an
impact fee program, including but not limited to, the formation of a Bridge and Major
Thoroughfare Construction Fee District(s) pursuant to Section 66484 of the Government
Code, including the property within the District, and levy a fee as a condition to the issuance
of building permits to provide another source of revenue to finance the construction and
acquisition of, or to reimburse the District for such roads, bridges and traffic facilities,
throughout the City; and
V/I-IEREA~, the owners of property within the .District will be required to pay such
fees upon issuance of building permits and notwithstanding any prior agreement with the
County, to waive their rights to protest to the formation of such an impact fee district and
the levy and collection of a fee therein (reserving their rights to object to the method of
allocation of costs or fee apportionment); and
WHEREAS, as a portion of the Public Facilities to be financed are of local rather
than regional benefit, the owners of property within the District will be required to
reimburse the City, for the cost of such Public Facilities they otherwise would be required
to build with their own funds; and
WHEREAS, it is anticipated that the costs of utility relocation for construction of the
Public Facilities will be borne by the affected utilities, but, in the event all or a portion of
such costs are not borne by the utilities, the City and owners of property shall divide such
costs;
NOW, THEREFORE, BE IT ~LVED, DETERMINED AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF TEMECULA AS FOI.I OWS:
SECTION I Recitn!.~. The recitals set forth above are true and correct.
SECTION 2
Agreement hY City. It is the intention of the City Council to negotiate
the terms and conditions of and to approve and authorize the
execution and delivery on behalf of the City of an agreement to be
entered into between the City, the County and all owners of property
within the District (the "Agreement") which, with regard to sales and
use tax revenues, will in general provide as follows:
Resolution No. 90-30
Page 4
(a)
(b)
(c)
(d)
(e)
When and if bonds of the District are authorized and issued by
the County in an amount su_fficient to Finance the Public
Facilities (plus incidental expenses), the City Council will
develop a system to annually appropriate and made a available
for the payment of the principal of and interest on such bonds
an amount equal to 25 percent of the sales and use tax
revenues received for each fiscal year by the City from business
and industries located within the District.
The City Council shall appropriate such sales and use tax
revenues each year of the term of the bonds, commencing with
the first year in which special taxes are levied on parcels of
taxable property in the District for the payment of interest or
principal on the bonds.
Notwithstanding the foregoing, the City Council has the
absolute authority in any fiscal year to determine not to make
such an appropriation and. the failure or refusal of the City to
make such an appropriation shall not be determined to be a
breach of any agreement.
No part of the sales and use tax revenues received by the City
in any fiscal year shall be appropriated, made available or used
for the payment of principal of and interest on the bonds of the
District which are issued and sold to finance any public facilities
other than the Public Facilities.
For each fiscal year when sales and use tax revenues have been
appropriated by the City Council, such revenues shall be
allocated for the payment of special taxes as follows:
(x)
Up to 25 percent of the sales and use tax revenues
received during each fiscal year with respect to each
parcel of developed property (a parcel with a
commercial or industrial business located thereon and
with curb and gutter adjacent thereto) shall be allocated
proportionately to the payment of the special taxes
levied on all parcels of developed property for that fiscal
year. To the extend that the amount of the special taxes
levied on such parcels exceeds the amount of sales and
use tax revenues available to pay the special taxes, the
property owners shall pay the additional amount of any
special taxes owiu8 (the "shortfall").
Resolution No. 90-30
Page 5
(2)
In the event the amount of the sales and use tax
revenues available to be appropriated in any fiscal year
with respect to parceh of developed property is in excess
of the special taxes lev/ed on such parcels for that fiscal
year, that excess shall be allocated proportionately to
pay or reduce all or a portion of the special taxes levied
on parcels of undeveloped property in the District. To
the extent that the amount of the special taxes exceed
the amount of sales and use tax revenues available to
pay the special taxes, the property owner shall pay such
amount.
(3)
It is contemplated that in the later years of the
agreement the 25 percent of sales tax revenues
appropriated annually for the payment of principal and
interest on the bonds of the District may exceed the
amount of the spedal taxes levied on parcels of both
developed and undeveloped property. In the event of
such an excess in any future years the City shall
appropriate and make available such excess first to
reimburse each owner developed property pro rata for
the shortfall pursuant to subsection 1 hereof, and then to
the extent any excess remains to reimburse each owner
of undeveloped property or developed property pro rata
for special taxes paid pursuant to Subsection 2. Such
reimbursement shall be made without interest and shall
be credited first to the earliest fiscal year in which
special taxes were levied. In the event that there is no
such excess in any fiscal year, the City shall be under no
obligation to make such reimbursement,
Notwithstanding the foregoing, the City Council shall
have the absolute authority in any fiscal year to
determine whether of not to make this appropriation
and has no obligation to make any contribution or
reimbursement from any other funds of the City.
SECTION 3 Trnffic lmpnct Fees. The City Council intends to initiate, conduct and
complete proceedings to form a district and levy and collect traffic
impact fees, as allowed by law, including, but not limited to those
authorized pursuant to Section 66484 of the Government Code, to be
paid by the owners of property within the area of benefit as a
condition to the issuance of building permits to finance the design and
construction (or reimbursement to the District therefor) of road,
bridges and other traffic facilities which are of benefit throughout the
Resolution No. 90-30
Page 6
City (the 'Traffic Impact Fee") specifically including. but not limited
to, the cost of construction of the fifth and sixth lanes of Ynez Road.
(a)
The Agreement shall provide that the owners of property within
the District, notwithstanding any prior agreement with the
County, shall pay such a Traffic Impact Fee as determined by
the City upon the issuance of building permits.
(b)
The owners of property within the District also shall agree to
consent to the formation of a district for, and the levy and
collection of, a Traffic Impact Fee therein, and shall waive their
rights to protest such formation, levy or collection, but not to
object to the method of allocation of costs or fee
apportionment.
(c)
The City Council may but in no manner is required to elect in
any fiscal year, and the agreement provided for in Section 2
hereof shall so provide, to pay all or any portion of the special
taxes levied on parcels of taxable property in the District for the
payment of the principal of and interest on the bonds thereof,
which would otherwise be paid with sales and use tax revenues
appropriated by the City Council, with revenues of the Traffic
Impact Fees or other available funds, but the general revenues
or full faith and credit of the City shall not be pledged for such
payment.
SECTION 4
Facilities to be Finnnced. The Agreement shall provide that the
facilities which shall be financed with the proceeds of any bonds of the
District authorized, issued and sold shall include the following facilities
which are the Public Facilities, and any and all costs incidental thereto,
but in no event shall the City be obligated or required in any way to
contribute sales and use tax revenues for the payment of principal and
interest on bonds of the District issued and sold to finance other
facilities.
(a)
Construction of the Apricot Street over-crossing of Interstate
Highway 15 from Ynez Road to Jefferson Avenue, including the
acquisition of the right-of-way required on both sides of
Interstate Highway 15, at an estimated cost of $$,000,000;
(b)
The widening of Ynez Road to a six (6) lane width with turning
pockets at various intersections commencing from the north
property line of the property upon which the Advanced
Cardiovascular System plant is located southerly to its
Resolution No. 90-30
Page 7
(c)
intersection with Rancho California Road, including the
acquisition of right-of-way, utility relocations, and utility
crossings (i.e., storm sewers, sanita~ sewers, water mains, gas
mains, electrical facilities, traffic signal facilities relocation,
telephone and cable television facilities, etc), at an estimated
cost of $3,000,000;
The construction of the freeway loop-ramp at the southeast
quadrant of the entrance of Rancho California Road to
Interstate Highway 15, including the acquisition of the required
right-of-way, at an estimated cost of $1,000,000;
(d)
The construction of the freeway loop-ramp at the southeast
quadrant of the entrance of Winchester Road to Interstate
Highway 15, including the acquisition of the required right-of-
way, at an estimated cost of $1,000,000;
(e)
The acquisition of park land and/or the construction of
facilities, buildings, and equipment for local and regional park
and recreational purposes, at an estimated cost of $2,000,000;
and
(0
The acquisition of all or a portion of Solano Way and a portion
of Ynez Road at their intersection and certain water and sewer
system and storm drainage facilities in Solano Way and Ynez
Road near said intersection, including the acquisition of right-
of-way therefor, which have been constructed to support the
auto park located at such intersection.
SECTION $ Snle of Rond~. With respect to the bonds of the District to be issued
and sold by the County, the Agreement shall provide as follows:
(a)
The bonds shall be sold in two or more; the flu'st of which shall
be sold as soon as possible in an aggregate principal amount to
finnnce the design, construction and/or acquisition of the Public
Facilities described in Section 3(b) and (f) hereof and any and
all costs incidental thereto, and the second or later series of
which shall be sold as soon as possible after Cal Trans permits
have been obtained for the Public Facilities described in
Section 3(a), (c), (d) and (e), which series shall be in an
aggregate principal amount sufficient to finance the design
acquisition and/or construction of such Public Facilities and any
costs incidental thereto;
Resolution No. 90-30
Page 8
(b)
(c)
(d)
(e)
The aggregate principal mount of the any series of the bonds
issued and sold to finance the Public Facilities shaU include a
reserve fund in such amount as is reasonably required, issuance
costs, underwriter's discount, and capitalized interest for not
more than eighteen months as well as the costs of
administration of the District and of the Agreement
contemplated by this Resolution;
The aggregate principal amount of the any series of the bonds
issued and sold to finance the Public Facilities shall also include
an amount sufficient to reimburse the owners of property within
the District for any amounts which they have advanced to the
County for the payment of costs and expenses incurred by the
County in connection with the establishment of the District and
the issuance and sale of that series of bonds;
The aggregate principal amount of the any series of the bonds
to be issued and sold to finance the Public Facilities shall be
determined by the County in consultation with its bond counsel
and financial consultant, the underwriter, the owners of
property within the District and the City; and
Any series of the bonds to be issued and sold to finance the
Public Facilities shall contain a provision which will permit their
call and redemption at the earliest practical date, as determined
by the County in consultation with its bond counsel and
financial consultant and the underwriter.
SECTION 6 Conditio~.~ Precedent.
(a)
The City shah not be obligated to enter into an Agreement with
the County and the owners of property within the District as
contemplated in this Resolution, unless two-t_hirds of the votes
cast in the elections within and for the District on the
proposition of the District incum'ng a bonded indebtedness and
the proposition of the levy of special taxes on parcels of taxable
property therein to pay the principal of and interest on the
bonds of the District which may be issued and sold to represent
such bonded indebtedness and to finance the design and
construction of the Public Facilities are in favor of such
propositions, and the County is hereby authorized to provide for
the issuance and sale of the bonds of the District in an amount
sufficient to finance the design and construction of the Traffic
Facilities and to levy special taxes on all parcels of taxable
Resolution No. 90-30
Page 9
SECTION 7
SECTION g
SECTION
property within the District in an aggregate amount sufficient
to pay the principal of an interest on such bonds of the District.
(b)
Notwithstanding the foregoing or any other provisions of this
Resolution in the event the County or owners of property fail
or refuse to consent to the agreements required in this
Resolution or other consideration acceptable to the City, the
City shall not be obligated or required to enter into any
agreement for the contribution of sales and use tax revenues.
Agreement and Cooperation of Owners. In addition to the agreements
set out in Section 2 and 3 hereof, the Agreement contemplated by this
Resolution shall further provide that:
(a)
The owners of property in the District agree that they will
execute and deposit with City, as an attachment to the
Agreement contemplated by this Resolution, an irrevocable
offer to dedicate the land necessary to widen Ynez Road as set
out in Section 3 hereof; and
(b)
The owners of undeveloped property further agree that the
issuance of building permits for their projects with frontage on
Ynez Road or Solano Way, or the intersection of Solano Way
and Ynez Road shall be conditioned on repayment to City of
the costs of construction of two lanes of Ynez Road and two
lanes of Solano Way plus curb, gutter, sidewalk and park'way
and two-thirds of the cost of any utility relocation not borne by
the utility. The precise allocation of such repayment shall be
determined pursuant to a formula to be developed by the City
Engineer. In addition, the City may place a contingent
assessment for such costs on the undeveloped property.
PrQperty Ac~Wisition. The Agreement contemplated by this Resolution
shall provide that to the extent property for the Public Facilities has
not been required to be dedicated by and therefore must be acquired
from the owners of property within the District, the date of valuation
for such property shall be the date of adoption of this Resolution.
Certifit~tion- The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of March, 1990.
ITEM NO. 16
FINANCE OFFICER """~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
MEETING DATE
SUBJECT:
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY
JANUARY 23, 1991
JANUARY 29, 1991
COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR)
- APPROVAL OF THREE JOINT FINANCING AGREEMENTS
ftECOMMEND,4 TION: That the City Council approve (a) the Joint Financing Agreement by
and between the City and CFD No. 88-12; (b) the Joint Financing Agreement by and
among the City, CFD No. 88-12, Eastern Municipal Water District and Tomond Property,
and (c) the Joint Financing Agreement by and between the City and Tomond Property, in
substantially the forms attached hereto with such changes and modifications as approved
by the City Manager and the City Attorney; and authorize the execution and attestation of
such agreements in their final forms by the Mayor and City Clerk.
DISCUSSION: On September 26, 1989, the County of Riverside (the "County")
established Community Facilities District No. 88-12 ("CFD No. 88-12") pursuant to the
Mello-Roos Community Facilities District Act of 1982 (the "Act") to finance the acquisition
and construction of certain public facilities including roadways, storm drain facilities, water
and wastewater facilities and park and recreation facilities (the "Facilities"). The
boundaries of CFD No. 88-12 lie within the boundaries of the City.
On March 20, 1990, the City adopted Resolution No. 90-30, which stated the
City's general support for CFD No. 88-12 and identified the Facilities whose acquisition or
construction the City would support. On March 23, 1990, an election was held in which
more than two-thirds of the votes cast approved of (a) CFD No. 88-12 incurring bonded
indebtedness in an aggregate principal amount not to exceed $60,000,000 and (b) the
levy of a special tax to pay, among other things, debt service on such bonds and
administrative expenses of CFD No. 88-12.
Agenda Report - CFD 88-12 Joint Financing Agreements
Page 2
CFD No. 88-12 presently anticipates issuing the first series of such bonds in an
estimated amount of $13 million with a closing in mid to late February. Certain of the
Facilities are to be constructed by others on behalf of CFD No. 88-12 and owned by public
entities other than CFD No. 88-12. Therefore, it is necessary to have joint financing
agreements between these entities pursuant to Section 53316.2, 53316.4 and 53316.6
of the Act. These agreements, if approved, will become effective as of the date CFD No.
88-12 sells and issues the first series of bonds. A short summary of each of the attached
joint financing agreements is set forth below.
Road Facilities Agreement
The first of the attached agreements is the "Joint Financing and Acquisition
Agreement Between Community Facilities District No. 88-12 (Ynez Corridor) of the County
of Riverside and the City of Temecula" (the "Road Facilities Agreement") relating to the
construction, acquisition and ownership of the following road facilities: acquisition of
Solano Way, widening of Ynez Road, construction of Apricot Crossing, construction of
freeway loops at I-15 and Rancho California and Winchester, and $2,000,000 for
acquisition and development of a park site (see Exhibit B for a detailed listing of the
improvements).
Except for the acquisition of Solano Way, these Facilities will be constructed by the
City as public works. The City is responsible for engineering design of the Facilities, as
well as for administering the construction contracts, inspecting the Facilities during
construction and preparing and executing a Notice of Completion for the finished Facilities.
Costs incurred by the City prior to the sale of the first series of bonds will be paid
from the proceeds of the initial series. All design, engineering, construction and
administration costs for the City pursuant to the Road Facilities Agreement will be paid out
of bond proceeds upon proper submission of a payment request form. On or before July 1
of each year, the City will submit to CFD No. 88-12 an itemized budget of expenses it
estimates it will incur for the coming year, including costs to administer the Sales Tax
Agreement. CFD No. 88-12 will cause such amount to be calculated into the Special Tax
and the City will submit bills throughout the fiscal year to the Fiscal Agent for payment of
expenses actually incurred.
Upon completion of the construction and acceptance by the City of the Road
Facilities, such facilities will be the sole and separate property of the City and will be
operated, maintained and utilized by the City to serve the properties within CFD No. 88-
12.
Agenda Report - CFD 88-12 Joint Financing Agreements
Page 3
Sewer Fmdlities Agreement
The second of the attached agreements is the "Joint Financing and Acquisition
Agreement Among Community Facilities District No. 88-12 (Ynez Corridor) of the County
of Riverside, Eastern Municipal Water District, the City of Temecula and Tomond Property,
a California Limited Partnership" (the "Sewer Facilities Agreement") relating to the
construction, acquisition and ownership of certain sewer facilities. Certain of the sewer
facilities were constructed by Tomond Properties and, pursuant to the Sewer Facilities
Agreement, will be acquired by CFD No. 88-12 from the proceeds of the bonds issued by
CFD No. 88-12 on behalf of Eastern Municipal Water District (EMWD) and, upon
conveyance of Such facilities, EMWD will maintain and own them.
CFD No. 88-12 bonds will also pay for the design, engineering and construction of a
sewer line west of Ynez and east of I-15. This facility will be constructed by the City as a
public work and then conveyed to EMWD to own, operate and maintain. The City is
responsible for the preparation, solicitation and award of the bids for the sewer facility.
EMWD will approve the bid documents, inspect the construction of the sewer line, and
approve change orders.
Upon completion of the construction and acceptance by EMWD of the Sewer
Facilities, such facilities will be the sole and separate property of EMWD and will be
operated, maintained and utilized by EMWD to serve the properties within CFD No. 88-12.
Prior to such acceptance, the City will be responsible for the maintenance of the Sewer
Facilities to be constructed.
Property Owner Agreement
The third joint financing agreement is the "Joint Financing and Acquisition
Agreement Between the City of Temecula and Tomond Property, a California Limited
Partnership" (the "Property Owner Agreement"). Pursuant to the Road Facilities
Agreement, Solano Way was constructed on behalf of CFD No. 88-12 for ownership by
the City. By this Agreement, the City agrees to accept such Road Facilities upon receipt
of recorded Notices of Completion from Tomond Property. Prior to such transfer, Tomond
Property will be responsible for the maintenance of such facilities. Upon conveyance, the
City will become the sole and separate owner of these Road Facilities and agrees to be
responsible for the maintenance thereof.
A TTA CHMENTS:
The Joint Financing Agreement by and between the City
and CFD No. 88-12; and
The Joint Financing Agreement by and among the City, CFD
No. 88-12, Eastern Municipal Water District and Tomond
Property; and
The Joint Financing Agreement by and between the City
and Tomond Property.
FISCAL IMPACT: All City costs to be reimbursed from CFD 88-12.
JOINT FINANCING AGREEMENT BETWEEN
COMMUNITY FACILITIES DISTRICT NO. 88-12
OF THE COUNTY OF RIVERSIDE AND
THE CITY OF TEMECULA
THIS JOINT FINANCING AGREEMENT (the "Agreement") is made
and entered into as of February 1, 1991, by and between COMMUNITY
FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ
CORRIDOR), a legally constituted governmental entity organized and
existing pursuant to Division 2, Part 1, Chapter 2.5 of Title 5 of
the California Government Code (hereinafter "CFD No. 88-12") and
the CITY OF TEMECULA, an incorporated municipality (hereinafter
"C I TY" ) .
RECITALS
A. The owners of more than 10 (ten) percent of the
property within the boundaries of CFD No. 88-12, as shown on
Exhibit "A" which is attached hereto, filed an application and a
written petition with the County of Riverside (the "County") to
establish CFD No. 88-12 pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended, commencing with Section 53311
of the California Government Code (the "Act") to finance the
acquisition and construction of certain public facilities
hereinafter defined, including all incidental expenses to be
incurred in connection therewith.
B. The Board of Supervisors of the County (the "Board"),
after determining said petition sufficient, adopted Resolution No.
89-390 (the "Resolution of Intention") and Resolution No. 89-391
on July 25, 1989 that respectively stated the Board's intention to
form CFD No. 88-12 for the purpose of financing the construction
and acquisition of certain enumerated public facilities and to
incur bonded indebtedness in an aggregate principal amount not to
exceed $60,000,000 to pay for the construction and acquisition of
said facilities. Both Resolutions called for a noticed public
hearing with regard to all matters regarding the formation of CFD
No. 88-12 and the incurrence of bonded indebtedness.
C. On August 29, 1989 the Board opened the public
hearing and continued the hearing to September 26, 1989 at which
time the hearing was closed. Upon closing said hearing, the Board
adopted Resolution No. 89-449 (the "Resolution of Formation")
establishing CFD No. 88-12, which has those boundaries as shown on
Exhibit "A", and authorizing the levy of a special tax (the
"Special Tax") within CFD No. 88-12 and Resolution No. 89-450
determining the necessity to incur bonded indebtedness. Both
Resolutions called for a special election to be held as required
by the Act.
D. On November 7, 1989 the registered voters living
within the proposed boundaries of the City of Temecula voted to
incorporate. The effective date of said incorporation was
December 1, 1989. The territory within CFD No. 88-12 is within
the boundaries of the CITY.
E. On January 9, 1990 the Board, acting in its capacity
as the legislative body of CFD No. 88-12, adopted Resolution No.
90-46, amending Resolution No. 89-449, and Resolution No. 90-47,
amending Resolution No. 89-450. Both amending Resolutions
designated.March 23, 1990 as the date for the special election.
F. The CITY adopted Resolution No. 90-30 on March 20,
1990 stating its general support for CFD No. 88-12 and identifying
those public facilities whose acquisition or construction by CFD
No. 88-12 it would support.
G. On April 3, 1990 the Board canvassed the election
results of the special election held on March 23, 1990, and
determined that the qualified electors within CFD No. 88-12 voted
by a majority in excess of two-thirds of the votes cast to approve
CFD No. 88-12 incurring bonded indebtedness in an aggregate
principal amount not to exceed $60,000,000 and the levy of the
Special Tax to pay debt service on any bonded indebtedness
incurred, to pay the administrative expenses of CFD No. 88-12, and
to replenish any reserve fund established by CFD No. 88-12 to the
extent allowed by the maximum rate of the Special Tax.
H. The validity of the Special Tax and the issuance of
bonds by CFD No. 88-12 was confirmed by a judgment entered in the
Superior Court of the State of California in and for the County of
Riverside on June 20, 1990 in the case of County of Riverside on
Behalf of Community Facilities District No. 88-12 (Ynez Corridor)
v. All Persons. etc., et al. (Case No. 204581).
I. Certain of the public facilities to be acquired or
constructed by the proceeds of bonds to be issued and sold by CFD
No. 88-12 are, upon acquisition or construction, to be owned and
maintained by the CITY. Those specific public facilities are
enumerated and described in Exhibit "B" hereto, and by this
reference incorporated herein, and shall be identified as the
"Road Facilities".
J. CFD No. 88-12 anticipates issuing and selling an
initial series of bonds (the "Series 1991 Bonds") to pay for the
acquisition of certain of the Road Facilities, as identified on
Exhibit "B", and to pay for the design, engineering and
construction of certain Road Facilities, as identified on Exhibit
"B". It is presently anticipated by CFD No. 88-12 that one or
more additional series of bonds will be sold to pay for the
design, engineering and construction of additional Road
Facilities, also identified on Exhibit "B".
K. CFD No. 88-12 and the CITY desire to enter into this
Agreement pursuant to Sections 53316.2, 53316.4 and 53316.6 of the
Act.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the parties agree as follows:
1. Sale of Bonds and Use of Proceeds. CFD No. 88-12
shall proceed to issue and sell bonds in one or more series at
such time and in such amounts as CFD No. 88-12, in its discretion
after consultation with the CITY, may determine to be
appropriate. The principal amount of any series shall include,
but not be limited to, the costs of the public facilities to be
acquired or constructed, a reasonable amount for underwriting fee,
a bond reserve fund, capitalized interest, gross funded for a
period determined appropriate by CFD No. 88-12, bond issuance
costs and all such incidental costs as may be permitted by the Act
and applicable law and approved by CFD No. 88-12. The amount of
bonds to be sold in any series shall be determined in consultation
with the CITY and will represent, in part, that amount which the
CITY, in good faith, has determined can be expended within
twenty-four (24) months of date on which bond proceeds would be
available for the design, engineering, construction and
acquisition of the Road Facilities. The proceeds from the sale of
4
any series of bonds shall be deposited, held, invested and
reinvested as provided in a bond indenture or any supplement
thereto, between CFD No. 88-12 and Security Pacific National Bank,
as Fiscal Agent (the "Fiscal Agent"), or successor Fiscal Agent,
regarding the particular series of bonds issued and sold by CFD
No. 88-12. Resolution No. 91- providing for the issuance and
sale of the Series 1991 Bonds approved a Bond Indenture (the
"Indenture") between CFD No. 88-12 and the Fiscal Agent.
2. Sale of the Series 1991 Bonds. On or about
February , 1991, CFD No. 88-12 shall offer the Series 1991
Bonds in the aggregate principal amount of $ for
sale to Stone & Youngberg, or other underwriter acceptable to CFD
No. 88-12, pursuant to the Act to fund the acquisition and
construction of the Road Facilities as so identified in Exhibit
"B". The proceeds of the Series 1991 Bonds are to be used for the
purposes substantially set forth in the Receipts and Disbursement
Schedule attached hereto as Exhibit "C" and by this reference
incorporated herein.
3. Reimbursement to CFD No. 88-12 for Costs Incurred
Prior to Sale of Bonds. CFD No. 88-12 is to receive one quarter
of one (.0025) percent of the principal amount of any series of
bonds issued and sold by CFD No. 88-12 to cover its costs incurred
during the formation of CFD No. 88-12 and in preparing and coordi-
nating the sale of each series of bonds. This amount represents
all administrative, legal and other incidental expenses incurred
by CFD No. 88-12 during the formation of the CFD No. 88-12 and
prior to the issuance and sale of the Series 1991 Bonds. The
amount is to be paid only from the proceeds of the bonds.
4. Reimbursement of Costs Incurred by CITY Prior to the
Sale of the Series 1991 Bonds. On the date of delivery of the
Series 1991 Bonds and receipt of the proceeds therefor, CFD No.
88-12 shall cause to be paid to the CITY from the Construction
Account (the "Construction Account") of the Acquisition and
Construction Fund established by the Indenture those amounts shown
on Exhibit "D" hereto. Exhibit "D" lists those costs incurred or
advanced by the CITY for the design and engineering of the Road
Facilities and incidental costs related thereto, including legal
and administrative expenses.
5. Reimbursement of Costs Incurred by Property Owners
Prior to Sale of the Series 1991 Bonds.
(a) CFD No. 88-12 and the CITY acknowledge that
those property owners listed on Exhibit "E" hereto expended or
advanced those amounts shown on Exhibit "E" for a special tax
consultant, appraisal fees, and fees of other consultants employed
in connection with the formation of CFD No. 88-12, the financing
of the public facilities and the issuance of the Series 1991
Bonds. Those amounts shown on Exhibit "E" shall be paid to the
persons or entities identified on Exhibit "E" from the Cost of
Issuance Account (the "Cost of Issuance Account") of the
Acquisition and Construction Fund established by the Indenture.
(b) CFD No. 88-12 and the CITY acknowledge that
those property owners listed on Exhibit "F" hereto expended or
advanced those amounts shown on Exhibit "F" to pay for design and
engineering costs associated with the Road Facilities. Those
amounts shown on Exhibit "F" shall be paid to the persons or
entities identified on Exhibit "F" from the Construction Account.
6
CITY represents to CFD No. 88-12 that these costs are included in
the engineering and design costs shown on Exhibit "B".
6. Facilities to be Acquired. Certain of the Road
Facilities, as identified on Exhibit "B", were substantially
constructed by Tomond Properties, a California general
partnership, prior to the adoption of the Resolution of
Formation. Consistent with the Act and this Agreement, CFD No.
88-12 will acquire on behalf of the CITY and the CITY will accept
said Road Facilities. CITY is to prepare those deeds or easements
by which dedication or transfer of title to the CITY of the land
or rights-of-way on and over the property on which said Road
Facilities are constructed is to be made. Conveyance of title to
the CITY of said Road Facilities shall be free of all liens and
encumbrances except those easements and other matters of record
that will not interfere with the use or maintenance of said Road
Facilities. The price to be paid for each of the Road Facilities
to be acquired is as shown on Exhibit "B". Upon transfer of
title, the CITY will have the obligation to maintain such Road
Facilities consistent with its procedures for the use and benefit
of persons owning property, residing or working within the
boundaries of CFD No. 88-12.
7. Acquisition and Development of a Park Site.
(a) The CITY has not determined the site that it
desires to acquire or develop with proceeds from the Series 1991
Bonds for use as a park. The CITY agrees that it will cause the
park to be designated within two (2) years of the date on which
CFD No. 88-12 sells the Series 1991 Bonds. The CITY further
agrees that the park site will satisfy the following criteria as
specified by the Act, the Resolution of Intention, Bond Counsel
and Counsel to CFD No. 88-12:
(1) The proceeds from the Series 1991 Bonds will be used
to construct, purchase, expand, improve or
rehabilitate real or other tangible property with
the resulting park having an estimated useful life
of five (5) years or longer.
(2) The park will be located within CFD No. 88-12 or
benefit persons owning real property or working or
living within CFD No. 88-12, benefit to be
determined by Bond Counsel and Counsel to CFD
No. 88-12 consistent with applicable law.
(3) The park will be owned, operated and maintained by
the CITY.
8. Design and Engineerinq of Road Facilities to be
Constructed. The CITY shall employ a properly qualified
registered civil engineer (the "Design Engineer") to design and
prepare detailed bid documents, construction plans, and
specifications for the Road Facilities identified on Exhibit "B"
that are to be constructed by the CITY. Upon submission by the
CITY of a Payment Request Form (the "Payment Request Form") as
specified by the Indenture to the Fiscal Agent and a'duplicate to
CFD No. 88-12, proceeds in the Construction Account will be paid
to the individuals or entities identified in the amounts specified
to pay for the design and engineering costs, including any amounts
necessary to reimburse the CITY for its administrative costs
incurred in reviewing and approving the plans, specifications and
bid documents. Each Payment Request Form submitted by the CITY
8
shall have a certificate attached thereto, signed by the
designated representative of the CITY, in the form as shown in
Exhibit "G" hereto. Failure on the part of the CITY to provide
the duplicate Payment Request Form to CFD No. 88-12 at the time it
submits the original to the Fiscal Agent will result in CFD No.
88-12 directing the Fiscal Agent to withhold any disbursement of
bond proceeds from the Construction Account until notice is
provided by CFD No. 88-12 that payment is to be made.
Exhibit "B" provides an estimated budget for the design,
engineering and construction of each of the Road Facilities. This
budget has been prepared by engineers retained by the CITY and it
is the responsibility of the CITY to function within the dollar
costs set forth in Exhibit "B".
CITY agrees to keep records of all funds received from
the Construction Account and made available for the design,
engineering, construction and acquisition of the Road Facilities.
SuCh records shall be available for inspection by CFD No. 88-12
during business hours on reasonable notice.
9. Acquisition of Rights-of-WaV. CITY has full
responsibility for securing all easements and rights-of-way
required for the construction of the Road Facilities.
10. Solicitation of Bids. CITY shall solicit bids for
the construction of the Road Facilities as public works contracts
in compliance with the appropriate sections of the Act, the Public
Contracts Code, the Government Code, and the Labor Code governing
the solicitation of bids by a municipality.
11. Bid Awards. CITY shall award contracts for the Road
Facilities as public works contracts in compliance with the Act
and the applicable sections of the Public Contracts Code, the
Government CQde and the Labor Code. The Road Facilities shall be
constructed by a contractor or contractors licensed by the State
of California (the "Contractor").. The Contractor shall be
required to provide performance and payment bonds, each in a
principal amount equal to 100% of the contract price, and to name
both the CITY and CFD No. 88-12 and the employees, officers,
directors, agents and consultants thereof as additional insureds
under a comprehensive general liability insurance policy with
coverage broad enough to include contractual obligations under
such construction contract and in an amount not less than two
million dollars ($2,000,000) per occurrence. The bid and contract
documents shall include the bond and insurance requirements as set
forth by mutual agreement of the CITY and CFD No. 88-12 at the
time of advertising for bids, and said requirements shall not be
less than those stated above.
Prior to the award of any bid for a Road Facility, the
CITY shall determine from CFD No. 88-12 that there are sufficient
funds in the Construction Account to cover the award of the bid
for the Road Facility. No award of a contract for a Road Facility
shall be made unless funds, not otherwise committed by prior
construction contracts, are available to cover the contract award,
including a contingency amount equal to ten percent (10%) of the
contract price and all costs for inspecting and administering said
contract. Failure by the CITY to secure approval as to the
availability of funds prior to the award of a contract will result
in CFD No. 88-12 directing the Fiscal Agent not to honor any
Payment Request Forms submitted for said contract until and unless
10
CFD No. 88-12 can determine that funds are available.
12. Construction of the Road Facilities.
(a) Contract Administration. The CITY shall have
responsibility for administering the construction contracts
awarded for the Road Facilities.
(b) Inspection. Inspection of the Road Facilities
during construction shall be the responsibility of the CITY and
its retained engineers.
(c) Payment. Upon the CITY submitting a Payment Request
Form to the Fiscal Agent, and a duplicate to CFD No. 88-12,
payment will be made from proceeds in the Construction Account for
work completed in the amounts and to the entities specified in the
Payment Request Form. Failure on the part of CITY to provide the
duplicate Payment Request Form to CFD No. 88-12 at the time it
submits the original to the Fiscal Agent will result in CFD No.
88-12 directing the Fiscal Agent to withhold any disbursement of
bond proceeds from the Construction Account until notice is
provided by CFD No. 88-12 that payment is to be made. CITY is to
have secured all appropriate labor and material releases prior to
submitting the Payment Request Form. A certificate in the form of
Exhibit "G" is to be attached to each Payment Request Form and
executed by the designated representative of the CITY.
(d) Change Orders. No change order may be approved by
the CITY, with regard to a Road Facility, without receiving
confirmation from CFD No. 88-12 that there are sufficient
uncommitted funds in the Construction Account for such purposes.
The CITY's representative may approve change orders in a
cumulative total amount of $30,000 or 3% of the contract price of
11
each Road Facility, whichever is less, without receiving prior
confirmation from CFD No. 88-12 of the availability of funds.
13. Completion of Construction. The CITY shall prepare
and execute a Notice of Completion as to each of the Road
Facilities, record said Notice with the Office of the Recorder of
the County of Riverside, State of California, and cause the
Contractor and all subcontractors to provide lien and material
releases with respect thereto. The CITY shall provide copies of
each said Notice and all releases to CFD No. 88-12
14. Administrative Costs.
(a) Construction. All administrative costs of the CITY,
which may include but are not limited to the reasonable costs of
preparing the bid documents, all fees and costs incurred in
obtaining permits, licenses, rights-of-way or easements, and
engineering, legal, fiscal, inspection fees and land acquisition
costs, are provided for in Exhibit "B". The parties recognize
that the amount of such costs may subsequently increase prior to
the completion of construction of the Road Facilities. The CITY
shall prepare a Payment Request Form and appropriate certificate,
and submit said Form to the Fiscal Agent and a duplicate to CFD
No. 88-12 for the reasonable administrative costs actually
incurred by the CITY pursuant to this Agreement. Failure on the
part of CITY to provide the duplicate Payment Request Form to CFD
No. 88-12 at the time it submits the original to the Fiscal Agent
will result in CFD No. 88-12 directing the Fiscal Agent to
withhold any disbursement of bond proceeds from the Construction
Account until notice is provided by CFD No. 88-12 that payment is
to be made. A certificate in the form of Exhibit "G" is to be
12
attached to each Payment Request Form and executed by the
designated representative of the CITY.
(b) On Going. CITY has entered into an
agreement(s) with many of the property owners within the boundary
of CFD No. 88-12. The agreement provides that the CITY will make
a portion of sales and use tax revenue generated from the property
owners' holdings with CFD No. 88-12 available to the property
owner to off set their Special Tax obligation. On or before June
1 of each calendar year, the CITY shall submit to CFD No. 88-12 an
itemized budget of expenses it estimates it will incur during the
ensuing fiscal year to administer said agreements and for any
administrative expenses associated with CFD No. 88-12. CFD No.
88-12 shall cause said amount to be included in its calculation of
administrative expenses to be collected through the Special Tax
and deposited in the Administrative Expense Fund created by the
Indenture. The CITY shall submit billings throughout the fiscal
year for such expenses actually incurred and CFD No. 88-12 will
cause the appropriate Payment Request Form to be prepared and
submitted to the Fiscal Agent.
15. Use of Funds. The CITY shall use all funds received
from CFD No. 88-12 exclusively for the payment of the design,
engineering, construction and acquisition costs of the Road
Facilities, except as otherwise provided in this Agreement. The
CITY shall strictly account for the expenditure of such funds
according to accepted accounting practices for public agencies and
shall report all receipts and disbursements to CFD No. 88-12 upon
reasonable request by CFD no. 88-12. It is the intention of the
parties that the CITY shall receive payment of bond proceeds only
13
in connection with the Payment Request Form for costs and expenses
paid or incurred, including, without limitation, any amounts owing
under any construction contract entered into by the CITY for the
Road Facilities. CITY shall provide CFD No. 88-12 with a complete
accounting showing expenditure of the funds received from CFD No.
88-12. The accounting may be subject to independent audit at the
expense of CFD No. 88-12 to determine whether the CITY's methods
of reporting, accounting and control are in compliance with the
requirements of this Agreement. CFD No. 88-12 shall account for,
deposit, invest and reinvest bond proceeds in the manner required
by the Indenture.
16. Use of the Road Facilities. Upon completion of
construction and acceptance by the CITY of the Road Facilities,
said facilities shall be and remain the sole and separate property
of the CITY. The Road Facilities shall be operated, maintained
and utilized by the CITY to serve the properties within CFD No.
88-12 and other lands pursuant to applicable rules, regulations,
policies and procedures of the CITY.
17. Improvement Security. Any Road Facility, or portion
thereof, for which the Series 1991 Bonds have been sold shall not
be the subject of a subdivision improvement bond or other security
requirement pursuant to Government Code Section 66499 to the
extent that subdivision requirements are satisfied by available
bond proceeds.
18. Tax for Debt Service. Upon sale and delivery of the
Series 1991 Bonds, the Board, as the legislative body of CFD No.
88-12, shall annually levy the Special Tax as provided for in the
formation proceedings for CFD No. 88-12 authorizing the levy of
14
such Special Tax and the sale and issuance of the Series 1991
Bonds. The entire amount of the Special Tax annually levied shall
be allocated to CFD No. 88-12.
19. Capitalized Interest. CFD No. 88-12 agrees that
funds equal to (__) months of capitalized interest, as
provided by the Indenture, shall be deposited in the Capitalized
Interest Account of the Acquisition and Construction Fund
established by the Indenture to pay interest on the Series 1991
Bonds. Said Account shall be depleted before any Special Taxes
are applied to debt service on the Series 1991 Bonds.
20. Indemnification. The CITY shall assume the defense
of, indemnify and hold harmless CFD No. 88-12 and its respective
officers, employees, agents, and consultants, and each and every
one of them, from and against all actions, damages, claims, losses
and expenses of every type and description to which they may be
subjected or put, by reason of, or resulting from, (i) the actions
of CITY pursuant to this Agreement and (ii) the design,
engineering, and construction of the Road Facilities as shown on
Table 2 of Exhibit B; provided that nothing in this paragraph
shall limit, in any manner, CFD No. 88-12's rights against any of
CITY's contractors, architects or engineers. No provision of this
Agreement shall in any way limit the extent of the responsibility
of CITY for payment of damages resulting from its own operations,
including but not limited to design liability for the Road
Facilities, or the operations of any of its contractors, agents or
employees.
CFD No. 88-12 shall assume the defense of, protect,
indemnify and hold harmless the CITY and its respective officers,
15
employees, agents, and consultants and each and every one of them,
from and against all actions, damages, claims, losses, liabilities
and expenses of every type and description to which they may be
subjected or put, by reason of, or resulting from, the actions of
CFD No. 88-12 taken in the performance of this Agreement. No
provision of this Agreement shall in any way limit the extent of
the responsibility of CFD No. 88-12 for the payment of damages
resulting from its own operations or the operations of any of its
contractors, agents or employees.
21. Effective Date and Termination. This Agreement
shall become effective and of full force and effect as of the date
(the "Effective Date") on which CFD No. 88-12 sells and issues the
Series 1991 Bonds. Should CFD No. 88-12 not sell the Series 1991
Bonds, this Agreement shall terminate and be of no further force
and effect.
22. Notice. Any notice, payment or instrument required
or permitted by this Agreement to be given or delivered to any
party or other person shall be deemed to have been received when
personally delivered or upon deposit of the same in the United
States Post Office, registered or certified, postage prepaid,
addressed as follows:
16
CITY:
Fiscal Agent:
CFD No. 88-12:
City Manager
City of Temecula
27403 Ynez Road, Suite 109
Temecula, California 92390
Security Pacific National Bank
333 South Beaudry Avenue (W24-30)
Los Angeles, California 90017
Community Facilities District
No. 88-12
County of Riverside
c/o Administrative Office
4080 Lemon Street, 12th Floor
Riverside, California 92501
Attn:
Community Facilities
District Administrator
Each party can change its address for delivery of notice
by delivering written notice of such change of address to the
other party within twenty (20) days of such change.
23. CITY's DesiGnated Representative. The CITY hereby
designates the City Manager, or his/her designee(s), as the
Designated Representative for purpose of executing all Payment
Request Forms submitted to the Fiscal Agent.
24. Captions. Captions to Sections of this Agreement
are for convenience only and are not part of this Agreement.
25. Severability. If any portion of this Agreement is
declared by a court of competent jurisdiction to be invalid or
unenforceable, such portion shall be deemed severed from this
Agreement and the remaining parts shall remain in full effect as
though such invalid or unenforceable provision had not been a part
of this Agreement.
26. Entire AGreement. This Agreement contains the
entire agreement between the parties with respect to the matters
provided herein.
17
27. Amendments. This Agreement may be amended only by a
subsequent written agreement signed by all of the parties.
28. Exhibits. The following exhibits attached hereto
are incorporated into this Agreement by reference:
Exhibit Description
"A" Map of CFD No. 88-12
Boundaries
"B" Road Facilities and Budget
"C" Receipts and Disbursement
Schedule
"D" Costs to be Reimbursed City
"E" Formation Costs to be
Reimbursed Property Owners
"F" Design and Engineering Costs to
be Reimbursed Property Owners
"G" Certificate of City
29. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed as of the date first above written.
COMMUNITY FACILITIES DISTRICT NO.
88-12 OF THE COUNTY OF RIVERSIDE
By:
Chairman of the Board of
Supervisors, Ex Officio the
Legislative Body of Community
Facilities District No. 88-12
of the County of Riverside
18
DATE:
ATTEST:
, 1991
By:
Clerk of the Board of
Supervisors, Ex Officio
the Legislative Body of
Community Facilities
District No. 88-12 of
the County of Riverside
CITY OF TEMECULA
DATE:
ATTEST:
, 1991
By:
Mayor
By:
City Clerk
Approved as to form:
By
City Attorney
TJD:ay/db
1/22/91
274a
19
ll-JAN-1991
EXHIBIT "B"
SERIES I BONDS
DESCRIPTION OF FACILITIES
COST AND BUDGETS
COUNTY OF RIVERSIDE
COMMUNITY FACILITIES DISTRICT 88-12
YNEZ ROAD CORRIDOR
CITY OF TEMECULA
ACQUISITION IMPROVEMENTS (Table 1)
STREET FACILITIES
STREET LIGHTS & UTILITIES
GRADING & LANDSCAPING
$767,520.65
$259,040.06
$149,196.63
PARK SITE ACQUISITION
$2,000,000.00
YNEZ ROAD WIDENING - CONSTRUCTION ESTIM~.TE (Table 2)
$5,329,908.00 (a)
SUBTOTAL
INCIDENTAL COSTS
DESIGN PHASE SERVICES
Engineering - Ynez, Apricot, Winchester, & Rancho CA
Plan Check - Ynez and Apricot
City Administration - Ynez, Apricot, Winchester, & Rancho CA
$8,505,665.57
$2,451,376.00 (b)
$453,066.00 (c)
$473,348.00 (d) (h)
CONSTRUCTION PHASE SERVICES - Ynez only
Construction Management
Construction Inspection
Construction Surveys
Construction Soils Testing
SUBTOTAL
$3,377,790.00
$79,949.00 (d)
$173,222.00 (c)
$239,846.00 (e)
$159,897.00 (f)
SUBTOTAL $652,914.00
GRAND TOTAL (SERIES I) $12,536,369.57 (g)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Estimated Costs based on preliminary plans with 20% contingencies
Per agreement between City of Temecula and J. F. Davidson Associates plus 10%
Budget Amount estimated at 3.25% of Construction Estimate for indicated projects
Budget Amount estimated at 1.50% of Construction Estimate for indicated projects
Budget Amount estimated at 4.50% of Construction Estimate for indicated projects
Budget Amount estimated at 3.00% of Construction Estimate for indicated projects
DOES NOT INCLUDE FINANCING COSTS
Includes costs for work performed by others prior to bond sale
Kunzman and Associates
Douglas Ford and Assoc
Burke, Williams, and Sorenson
City Expenses (Dixon, Henry, etc)
Tomac
Willdan and Associates
Max Gillis
as of 12/10/90:
$14,800.00
$12,210.00
$7,854.98
$10,017.42
$9,250.00
$25,000.00
$9,244.00
lI-JAN-~991 PAGE
TABLE 1: Acquisition Impro~ents
ITZM
NO ITEN DESCRIPTIONS ~IN4TITY UNIT
STKEET FACILITIES
COST
1 Removal of 77,385 S.F. 1 LS
2 Sub~rada - hZance & Cc~act 77,385 SF
3 ,28 AC Over .89 Class II has 77,365 SF
4 Fog Seal 77,385 SF
5 Curb & Cross Gutter &
Spandrel Grade v/6aBase 1 LS
6 T3q~e cA" Curb & Gutter 1,760 LF
? Cross Gutter & Spanc~el 2,261 SF
8 Sidewalk Grade 1 LS
9 Reflectors Type 'F' 1 LS
10 Removal - Extra 1 LS
il Increased Section to .36 AC
Over .90 Class II 1 LS
12 Traffic Con~rol - Extra 1 LS
13 AC & Base - Ex=ra 1 LS
14 743 Ton Class II Base 1 LS
15 Dump Truck 14 HR
16 966 Haul 14 Loads 1 LS
17 6' Sidewalk w/Ramps 11,880 SF
18 24' RCP 490 LF
19 18e RCP 247 LF
20 14' Catch Basin I EA
21 10' Catch Basin i EA
22 28' Catch basin 1 EA
23 el ~anhole 1 ZA
24 Pip Rap 1 LS
25 cut & Remove Concre=e 16 LF
26 laborer w/Truck &Tools 28 HR
27 416 Backhoe 7 HR
28 P~astic Ce~en= 5 EA
29 One Ton Truck & Equipment 5 HR
30 500c Backh~e 8 HR
31 P~p~ & Materials 1 LS
32 3/4e Condult, 100 F~:. Trench
& Backfill for 110 Power to
Padsscala 1 LS
33 Traffic Control 1 LS
34 24m RCP Class IV 10 LF
35 54m P. CP Class IV 168 LF
36 54' P,C:P C/ass IV 469 LF
37 Manhole 14 1 EA
38 Manhole tl 1 EA
39 Headwall D-88B 1 rJt
40 Headwall w/Cutoff Mall ' I ZA
41 Brick & Mortar Plug 1 ZA
42 rarth Channel 40 LF
43 A.C. Paving 45 TON
$35,500.00 $35,500.00
40.10 S7,738.50
$1.19 S92,068.15
20.02 $1,547.70
53,700.00 53,700.00
$6.50 $11,440.00
S2.75 S6,217.75
$800.00 S800.00
S200.00 S200,O0
55,500.00 aS,S00.00
$13,766.00 $13,766.00
46,754.00 S6,754.00
$8,700.00 se,?o0.00
$5,201.00 $5,201.00
$50.00 S700.00
S1,120.00 $1,120.00
22.00 S23,760.00
$39.37 $19,291.30
433.00 S8,151.00
23,600.00 S3,600.00
44,000.00 S4,000.00
$5,750.00 $5,750.00
82,400.00 52,400.00
$500.00 S500.00
$11.00 5176.00
S30.00 S840.00
465.00 $455.00
$7.00 $35.00
$25.00 5125.00
S65.00 S520.00
255.10 $55.10
2565.00 5565,00
42,500.00 12,500.00
539,30 S393,00
8118.00 S19,824.00
594.00 $44,086.00
25,100.00 S5,100.00
22,400.00 S2,400.00
213,700.00 $13,700.00
24,100.00 24,100.00
5200.00 $200.00
lt,50 8380.00
868,00 53,060,00
TABLE lz Acquisition Improvements
ITEM
IT,ll DZSC!I~PTZONS
44 54" RCP Class IV
45 Labor
46 Hoe
54' Crossing Slurry
48 18" RCP
49 18' Stabout
50 Concrete Bedwalls
51 Concrete Apron
52 RCB A0 · 5
53 Pamove Existing Headwall
54 Pamove Exlsnlng Wingwail
55 rwcavation
56 Rip Rap
57 Asphalt for RCB Crossing
58 Traffic Control
59 Rackfill Concrece Box Culvert
60 Base Material
61 Pip Rap
62 Waterline Run
63 Pabutld Slope Box Culvert
64 Bookfill
65 Box Culvert
66 450 Dozer
67 416 Backhoe
68 Backhoe
PRICE COST
....
$118.00 $4,366.00
$30.00 $180.00
$65.00 $130.00
$29.15 S6,617.05
sITEMS 48-58 $158,025.00
· ITEMS 59-61 $11,412.76
eITEM5 62-64 $4,127.00
$13,452.66 $13,452.66
$65,00 $130.00
$65.00 S130.00
265.00 2195.00
SUBTOTAL 2565,704.97
1 EnginesFin9
2 Consultants
3 Testing & Studies
4 Project Administration
5 Supervision
6 Letter of CrecLtt Fees
7 Staking
1 LS 142,039.84 s42,039.84
1 LS S20,730.03 S20,730.03
I LS $22,717.97 S22,717.97
1 LS $61,514.16 261,514.16
I LS $8,711.24 $8,711.24
1 I~S 122,796.96 S22,796.96
I LS 223,305.48 $23,305.48
IDatOTAL 1201,815.68
SUBTOTAL STREET FACILITIES
& INCIDENTALS S767,520.65
TABLE l z Acquisition Zmprov~ments
ITEM
NO ITEM DF. SCRIPTIONS
(RIANTXTY UNIT
UNIT
PRICE
COST
STREET LIGHTS & UTILITIES
I Trenching
2 5m Condulr
3 4" Condult
4 3' Conduit
5 2" Conduit
6 5'xlO'6x7 P~
7 8x10 Slab Box
8 '3xnx4 PB
9 4'x4'6n Trans Pad
10 13'x24'x12' HH
11 11=X17'X12" HH
12 Trenching No~ Join~
13 4' GT-80 Conduit
14 5'x10'6'x6' ~
15 3'x4'xn' PB
18 Portable Toilet
17 Portable Tollet
18 Installation of Detector
19 Labor
20 Truck & Tools
21 Mist. Copper Fitting & Pipe
22 C'I'E Manhole
23 416 Backhoe
24 Pipe
25 laborers w/Truck & Tools
26 1-Ton Truck w/Tools
27 Water Truck
28 Steadby Welder
29 Special Tee w/Tools
30 500C Backhoe
31 Air Compressor
32 Remove Top 8'x10' Slab Box
33 Materials
34 Rancho listor ~h~rge
36 GTE Relocate Lines
37 Jeancho Mater Mater Deposit
38 r~. Ca. Edison Ch&rge
39 Bo. Ca. Edison Deposit
40 ~TE Charge
41 Inspection for Rtep Sewer
42 PP Inspection riling Tee
43 r~alMapChecking Fee
44 Rancho Mater Inspection Fee
45 Eastern District Inspect. Fee
46 Grading Review
3,114 LF
4,000 LF
335 LF
1,260 LF
400 LF
1 EA
1 EA
2 EA
1 EA
4 EA
I EA
350 LF
8,652 LF
5 EA
1 EA
9 EA
1 EA
1 LS
3 HR
3 HR
1 LS
I LS
17 HR
180 LF
37 HR
9 HR
2 HR
I EA
16 HR
? HR
I LS
I LS
I LS
1 LS
1 LS
3 EA
1 LS
I LS
1 LS
I LS
I LS
I LS
1 LS
I LS
I LS
S3.45
$4.60
$4.40
$3.45
S2.35
S4,400.00
$2,525.00
$1,610.00
$665.00
$175.00
S110.00
$3.45
$3.51
$4,431.00
S2,050.00
$57.20
257.30
Sl,680.00
$30.00
S20.00
S12.90
$6,966.00
S65.00
12.40
S30.O0
825.00
850.00
245.00
S485.48
$65.00
$15.00
2561.00
2963.00
27,771.29
$1,432.00
$14,421.00
2750.00
28,333.68
24,203.84
81,527.94
$24,860.00
$45.00
$1,828.25
1600.00
2750.00
8165.00
S10,743.30
S18,400.00
Sl,474.00
$4,347.00
S940.00
S4,400.00
S2,525]00
$665.00
S700.O0
$110.00
$1,207.50
S30,368.52
S22,155.00
S2,050.00
S514.80
$57.30
51,680.00
$90.00
S60.00
$12.90
S6,966.00
$1,105.00
2432.00
S1,635.00
2912.50
S450.00
Sg0.O0
S485~48
$1,040.00
S97.50
2561.00
S963.00
S7,771.29
$1,432.00
S14,421.00
S2,250.00
S8,333.68
$4,203.84
$1,527.94
$14,457.79
245.00
S1,628.25
S600.00
2750.00
S165.00
~ABLE 1: Acquisition Zmprovwm~nts
ITDi UNIT
NO ITDIDESCRIPTIONS G~ANTITYUNIT PRICE
47 Etverside County Fee 1 LS $400.00
48 attverside County Inspection I LS $2?,749.00
49 PM 23354 Fee I LS 215.00
50 Dept Fish & Game Fee i LS 2125.00
51 Riverside County Fee I LS 2115.00
COST
......
S400.00
S27,749.00
$15.00
$125.00
S115.00
S206,647.59
INCIDENTALS
· n;ineering 1 LS S10,770.18 S10,770.18
Consultants 1 LS $5,636.88 s~,636.88
Testing & Studies I LS 25,598.94 S5,S98.94
Project Administration 1 LS S16,068.36 $16,068.36
Supervision 1 LS S2,275.50 $2,275.50
Letter of Credit Fees I LS $5,954.89 $5,954.89
Staking I LS $6,087.72 S6,087.72
SUBTOTAL S52,392.47
SUBTOTAL STREET LIGHTS
& UTILITIES
S259,040.06
ll-JAN-1991 PJ~'E 5
~ABLE 1: Acq~lstr, lon llprovi~n=s
ITS4 X~IT
NO ITD4 DESCRIPTIONS QUANTITY UNIT PRICZ COST
GI~DING
1 RDU~h Grade 1 LS $87,087.00 I87,087.00
SL.~TOTA.T, $87,087.00
LANDSCAP ING
2 Landscaping 1 LS $40,771.85 $40,771.85
3 Grading & Landscape Prep. 1 LS S20,133.00 S20,133.00
4 Landscape Archi=ec=ure i LF S402.83 $402.83
5 Pinus Canarlensls I EA $114.00 S114.00
6 PlanTanus Acerifolia 6 EA $106.50 $639.00
7 Sales Tax I LS $48.95 $48.95
SUBTOTAL 562,109.63
SUBTOTAL GRADING AND
LANDSCAPING S149,196.63
GRkND TOTAL
$1,175,757.34
TABLE 2: CONSTRUCTION ESTIMATE
YMEZ ROAD WIDENING - Rancho CaLifornia to South Property Line of Palm Plaza
]TEN ESTIMATED UNIT ESTIMATED
NO ITEM DESCRIPTIONS OUANTITY UNIT COST TOTAL
1 AsphaLt Concrete Removal 14,800 $F $2.00 $Z9,600.00
2 Concrete Curb & Gutter Reffevat 7,300 LF S5.00 $36,500.00
3 Ex, SidewaLk Removal 16,000 $F S2.00 $32,000.00
4 Ex, Chain Link Fence Removal 1,100 LF $2.00 $2,200.00
5 ReLocate Various St. Signs 15 EA S200.00 $3,000.00
6 ReLocate Guy PoLes 7 EA $10,000.00 $70,000.00
7 ReLocate P, PoLes (110 K.V.) 31 EA $10,000.00 $310,000.00
8 ReLocate P, PoLes (Smart) 4 EA $5,000.00 $ZO,O00,O0
9 ReLocate Ex. St, Lights 8 EA !~,000.00 $16,000,00
10 ReLocate Ex, $CE Box 6 EA $500,00 $3,000.00
11 Relocate Ex, SCE Vault 1 EA $3,000.00 $3,000.00
12 ReLocate Ex. GTE Box 13 EA $500,00 $45,500.00
13 ReLocate Ex. GTE VauLt 3 EA $3,000.00 $9,000.00
14 Earthwork (Roadway Excavation) 60,000 CY $5.00 $300,000.00
15 Over Ex. Compaction 60,000 CY $10.00 $600,000.00
16 Base Material 31,000 CY $12.00 $372,000.00
17 Construct 4'* AC/Seal over lZ' AB Z5,O00 TON $37.00
18 Construct 6" Curb & Gutter 15,000 LF $12.00 S180,000.00
19 Construct 6" Curb 15,000 LF $10.00 $150,000.00
20 Construct Concrete Sidewalk 90,000 SF $3.50 $315,000.00
21 Construct Access Ramp 2G EA $600.00
Z2 Construct 10' Cross Gutters 8,600 SF $4.00 $:r~,400.00
23 Construct Concrete Dr. Approach 3,600 SF $3.00 $10,800.00
2~ Construct Std. Lights 30 EA $3,000.00 $90,000.00
25 Utility Trenches 7,500 LF $/,.00 $30,000.00
26 COnstruct Retaining Walls 4,000 SF S15.00 $60,000.00
27 Landscaping & Irrigation 1 LS S100,000.00 S100,000.00
28 Remove Existing 12, C:MP 140 LF S16.00 $2,2~0.00
29 Remove Existing 18" CJ4P 70 LF $35.00
30 Remove Existing 24" CNP 175 LF $~0.00 $7,000.00
31 Remove Existing 48" CNP 60 LF $75.00 $~,500,00
32 Remove Ex. 3' C, Basins 2 EA $1,500.00 $3,000.00
33 Remove Ex, 12" Oversized Drain 1 EA $1,500.00 $1,500.00
~4 Extend Ex. TripLe Barrel RCB 1 LS $80,000.00 $80,000.00
35 Modify Ex, Catch Basins 2 EA $3,000.00 $6,000.00
36 Construct 7' Catch Basins 2 EA $5,000.00 $10,000.00
37 Construct 1~' Catch Basins 4 EA $8,000.00 $32,000.00
38 Construct :56" RCP 1,300 LF $65.00 $8~,500.00
39 Construct S.O. NanhoLes 4 EA $7,500.00 $30,000.00
40 Construct JunctiOn Structures 3 EA $3,200.00 $'9,600.00
41 ReLocate Ex. F.H. 20 EA Sl,800.00
42 ReLocate Ex. Watermeter 10 EA $1,500.00 515,000.00
43 ReLocate Ex. 2" AV/AR 10 EA $1,500.00 $15,000.00
~z, Adjust VaLve to Grade 30 EA $500.00 $15,000.00
45 Water Line Removal 1,200 LF $32.00 S.X8,400.00
46 20" CNL & C Line Reconstruction 1,200 LF $65.00 $78,000.00
47 Adjust Bauer N.N. To Grade 4 EA $500.00 $2,000.00
48 Signing & Striping 1 L$ $47,000.00 $47,000.00
49 IntersectiOn $ignatization 1 LS $200,000.00 S200,000.00
SUBTOTAL $4,~1,590.00
~O~CCONTINGENCY $888,318.00
lO-JAN-1991 TOTAL $5,329,908.00
EXHIBIT "B" - continued
SERIES II BONDS
DESCRIPTION OF FACILITIES
COST AND BUDGETS
COUNTY OF RIVERSIDE
COMMUNITY FACILITIES DISTRICT 88-12
YNEZ ROAD CORRIDOR
CITY OF TEMECULA
11-JAN-1991
APRICOT OVERCROSSING @ 1-15 - CONSTRUCTION ESTIMATE
APRICOT OVERCROSSING - RIGHT-OF-WAY COST ESTIMATE
$8,390,743.00 (a)
$2,379,000.00 (b)
INCIDENTAL COSTS
CONSTRUCTION PHASE SERVICES - Aprico~ only
Construction Management
Construction Inspection
Construction Surveys
Construction Soils Testing
SUBTOTAL
$10,769,743.00
$125,861.00 (d)
$272,699.00 (c)
$377,583.00 (e)
$251,722.00 (f)
SUBTOTAL $1,027,865.00
(a)
(b)
(c)
(d)
(e)
(f)
(g)
GRAND TOTAL (SERIES II)
$11,797,608.00 (g)
Estimated Costs based on preliminary plans with 20% contingencies
Based on 3.9 acres at $610,000 / acre
Budget Amount estimated at 3.25% of Construction Estimate for indicated projects
Budget Amount estimated at 1.50% of Construction Estimate for indicated projects
Budget Amount estimated at 4.50% of Construction Estimate for indicated projects
Budget Amount estimated at 3.00% of Construction Estimate for indicated projects
DOES NOT INCLUDE FINANCING COSTS
EXHIBIT nB" - continued
SERIES III BONDS
DESCRIPTION OF FACILITIES
COST AND BUDGETS
COUNTY OF RIVERSIDE
COMMUNITY FACILITIES DISTRICT 88-12
YNEZ ROAD CORRIDOR
CITY OF TEMECULA
11-JAN-1991
WINCHESTER ROAD INTERCHANGE @ 1-15 - CQNSTRUCTION ESTIMATE
RANCHO CALIF. INTERCHANGE @ 1-15 - CONSTRUCTION ESTIMATE
$5,985,000.00 (a)
$5,739,300.00 (a)
SUBTOTAL $11,724,300.00
RIGHT-OF-WAY ACQUISITION
Winchester Road Interchange - 1.8 acres @ $700,000 / acre
Rancho CA Interchange - 1.8 acres @ $700,000 / acre
$1,260,000.00
$1,260,000.00
SUBTOTAL $2,520,000.00
INCIDENTAL COSTS
DESIGN'PHASE SERVICES
Plan Check - Winchester and Rancho California
$381,040.00 (c)
CONSTRUCTION PHASE SERVICES - Winchester & Rancho CA
Construction Management
Construction Inspection
Construction Surveys
Construction Soils Testing
$175,865.00 (d)
$381,040.00 (c)
$527,594.00 (e)
$351,729.00 (f)
SUBTOTAL $1,817,268.00
GRAND TOTAL (SERIES III)
$16,061,568.00 (g)
(a)
(c)
(d)
(e)
(f)
(g)
Estimated Costs based on preliminary plans with 20% contingencies
Budget Amount est{m~ted at 3.25% of Construction Estimate for indicated projects
Budget Amount est{msted at 1.50% of Construction Estimate for indicated projects
Budget Amount estimated at 4.50% of Construction Estimate for indicated projects
Budget Amount est{m~ted at 3.00% of Construction Estimate for indicated projects
DOES NOT INCLUDE FINANCING COSTS
THIS EXHIBIT B SUGGESTS THE ORDER OF CONSTRUCTION OF THE PUBLIC FACILITIES AS GROUPED
BY SERIES. HOWEVER, SUCH ORDER AND GROUPING MAY BE MODIFIED IF THE TIMING OF THE
CONSTRUCTION OF A PUBLIC FACILITY WARRANTS SUCH MODIFICATION AND THE SIZING OF SUCH
SERIES CAN BE ACCOMODATED.
JOINT FINANCING AND ACQUISITION AGREEMENT AMONG
COMMUNITY FACILITIES DISTRICT NO. 88-12
OF THE COUNTY OF RIVERSIDE (YNEZ CORRIDOR),
EASTERN MUNICIPAL WATER DISTRICT, THE CITY OF TEMECULA AND
TOMOND PROPERTY, A CALIFORNIA LIMITED PARTNERSHIP
THIS JOINT FINANCING AND ACQUISITION AGREEMENT (the
"Agreement") is made and entered into as of February 1, 1991 by
and between COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY
OF RIVERSIDE (YNEZ CORRIDOR), a legally constituted governmental
entity organized and existing pursuant to Division 2, Part 1,
Chapter 2.5 of Title 5 of the California Government Code
(hereinafter "CFD No. 88-12"), EASTERN MUNICIPAL WATER DISTRICT, a
public agency organized and existing pursuant to Division 20 of
the California Water Code (hereinafter "EMWD"), the CITY OF
TEMECULA, an incorporated municipality (hereinafter "CITY"), and
TOMOND PROPERTIES, a California general partnership, (hereinafter
"Property Owner").
RECITALS
A. The Board of Supervisors (the "Board") of the County
of Riverside (the "County") adopted Resolution No. 89-449 (the
"Resolution of Formation") on September 26, 1989 completing
proceedings for the formation of CFD No. 88-12 pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended,
commencing with Section 53311 of the California Government Code
(hereinafter the "Act") as shown on the boundary map attached
hereto as Exhibit "A". CFD No. 88-12 was formed to provide
financing for the acquisition and constru6tion of certain public
facilities which include certain sewer facilities to be owned and
maintained by EMWD (the "EMWD Facilities") as enumerated in
Exhibit "B" which is attached hereto and incorporated herein.
B. On November 7, 1989 the registered voters living
within the proposed boundaries of the City of Temecula voted to
incorporate. The effective date of said incorporation was
December 1, 1989. The territory within CFD No. 88-12 is within
the boundaries of the CITY. The CITY adopted Resolution No. 90-30
on March 20, 1990 stating its general support for CFD No. 88-12
and identifying those public facilities whose acquisition or
construction by CFD No. 88-12 it would support, including the EMWD
Facilities.
C. The proceedings to establish CFD No. 88-12 included a
special election wherein the qualified electors authorized bonded
indebtedness in an aggregate principal amount not to exceed
$60,000,000 and authorized an annual levy of a special tax (the
"Special Tax") within CFD No. 88-12 to fund debt service on bonded
indebtedness incurred.
D. Property Owner, prior to the adoption of Resolution
of Formation, constructed certain of the EMWD Facilities (as shown
on Table 1 to Exhibit "B") , which had been identified in
Resolution No. 90-390 (the "Resolution of Intention"), adopted by
the Board on July 25, 1989, as facilities that CFD No. 88-12 would
acquire on behalf of EMWD consistent with the appropriate sections
of the Act.
E. Prior to the construction of the EMWD Facilities to
be acquired, EMWD reviewed and approved the plans and
specifications for the construction of said EMWD Facilities and
inspected said facilities during the course of their
construction. Property Owner and EMWD have entered into a
2
Memorandum of Understanding for Temporary Utility Services, a copy
of which is attached hereto, marked as Exhibit "C" (the
"Maintenance Agreement").
F. CFD No. 88-12 presently anticipates the issuance'and
sale of its Series 1991 Bonds (the "Series 1991 Bonds") in the
principal amount of $ on February __, 1991. The
proceeds of the Series 1991 Bonds will be used, in part, to
acquire and construct the EMWD Facilities on behalf of EMWD.
G. Pursuant to a Joint Financing Agreement between CFD
No. 88-12 and the CITY, dated February 1, 1991, CITY is to
construct certain road facilities (the "Road Facilities"), the
design, engineering, and construction of which is to be paid from
the proceeds of the Series 1991 Bonds. The construction of
certain of the EMWD Facilities (as shown on Table 2 to Exhibit
"B") is necessitated in association with the construction of the
Road Facilities. Attached hereto marked as Exhibit "D" is a full
true and correct copy of said Joint Financing Agreement (the "City
Agreement").
H. CFD No. 88-12 and EMWD and the CITY desire to enter
into this Agreement pursuant to Section 53316.2, 53316.4 and
53316.6 of the Act.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the parties agree as follows.
1. Sale of the Series 1991 Bonds and Use of the
Proceeds. CFD No. 88-12 will proceed with the issuance and sale
of the Series 1991 Bonds at such time and in such amount as
CFD No. 88-12, in its discretion after consultation with the CITY,
3
may determine is appropriate. The proceeds of the Series 1991
Bonds will be used, in part, to acquire and construct, on behalf
of EMWD, the EMWD Facilities for the dollar amounts shown on
Exhibit "B".
2.
Constructed.
DesiGn and Construction of the EMWD Facilities to be
The EMWD Facilities to be constructed (as shown on
Table 2 to Exhibit "B") are to be designed and engineered by
registered and licensed civil engineers retained by the CITY. The
EMWD Facilities to be constructed shall be constructed consistent
with the procedures set forth in this Agreement. The costs of the
design.and construction of said facilities, including the
administrative and legal costs, shall be paid by CFD No. 88-12
from the proceeds of the sale of the Series 1991 Bonds in
accordance with this Agreement. All contracts for the
construction of said EMWD Facilities shall be awarded and
administered by the CITY consistent with the appropriate sections
of this Agreement and consistent with the provisions of Exhibit
"D" and as public works projects consistent with the applicable
sections of the California Public Contracts Code. The contractor
or contractors who will construct said EMWD Facilities, or any
portion thereof, shall be required to provide performance and
payment Bonds, each' in a principal amount equal to 100% of the
contract price and naming both EMWD and CFD No. 88-12 as
obligees. Said contractor or contractors shall also be required
to name CFD No. 88-12 and EMWD, and the employees, officers,
directors, agents and consultants thereof as additional insureds
under a policy of general liability insurance in the amount of Two
Million Dollars ($2,000,000) per occurrence. The bid and contract
4
documents shall include the bond and insurance requirements as set
forth by mutual agreement of CFD No. 88-12, EMWD, the CITY and the
County at the time of advertising for bids and said requirements
shall not be less than those stated above.
3. DesiGn and Construction Budget. Table 2 to Exhibit
"B" sets forth the budget for the design, engineering and
construction of the EMWD Facilities to be constructed. In
addition to the cost of engineering and design, specification and
bid preparation, and the construction of said EMWD Facilities,
such costs may include, without limitation, the estimated costs of
permits, licenses, easements, land, engineering, inspection and
legal fees, construction contingency and a share of EMWD's, CFD
No. 88-12's, the CITY's and County's general and administrative
costs reasonably devoted to the design, approval and inspection of
said EMWD Facilities.
4. Engineering and Design of the EMWD Facilities to be
Constructed. The CITY shall employ a properly qualified
registered civil engineer (the "Design Engineer") to design and
prepare detailed bid documents, construction plans and
specifications (the "Bid Documents") for the EMWD Facilities to be
constructed, including required system layout drawings and
construction plan-profile drawings, in accordance with EMWD's
standard design criteria. The Bid Documents shall be reviewed and
approved or rejected within fifteen (15) days following their
submission to EMWD by the CITY. Any rejection shall be
accompanied by a written statement of reasons for rejection. The
Design Engineer shall revise the Bid Documents consistent with the
reasons for rejection and resubmit the Bid Documents, as revised,
5
to EMWD. EMWD shall not unreasonably withhold its approval of Bid
Documents. CFD No. 88-12 shall reimburse to EMWD from the
proceeds of the sale of the Bonds such amounts as are necessary to
pay the reasonable administration costs of EMWD incurred in the
design and plan check process.
5. State Highway and City Road Department Construction
and Operate and Maintain Permits for the EMWD Facilities. For
those portions, if any, of the EMWD Facilities which are to be
constructed by the CITY within a City road and/or state highway,
at the expense of CFD No. 88-12, the CITY shall be responsible for
obtaining a construction permit from the appropriate governmental
agency covering the construction and installation of the EMWD
Facilities. At the time such construction permit is obtained by
the CITY, the appropriate governmental agency will issue an
Operate and Maintain Permit to EMWD, which will become effective
upon the completion of said EMWD Facilities and acceptance of the
ownership thereof by EMWD.
6. Construction Responsibility. EMWD hereby
acknowledges that the City Manager of the City, or his designee,
shall serve as the Contract Administrator (the "Contract
Administrator"). The Contract Administrator shall be responsible
for soliciting bids and awarding contracts and supervising the
construction of the EMWD Facilities in accordance with the terms
and conditions described in this Agreement. The Contract
Administrator may perform his responsibilities for coordination of
construction contracts and inspection of such EMWD Facilities
through a "Resident Engineer" to be selected by the Contract
Administrator.
6
7. Preliminary Coordination Meeting. Contract
Administrator, Design Engineer, Resident Engineer, and
representatives from EMWD shall meet for purposes hereinafter set
forth, upon the written request of the CITY (hereinafter the
"Preliminary Coordination Meeting"). At the Preliminary
Coordination Meeting the schedule for construction of the EMWD
Facilities and inspection approvals. will be mutually determined by
the parties. It is the intent of the parties to mutually agree to
the sequence and timing of construction of said EMWD Facilities in
a manner calculated to not unduly delay progress in completion of
the construction of the Road Facilities.
8. Solicitation of Bids. On behalf of CFD No. 88-12 and
EMWD the Contract Administrator shall solicit bids for the EMWD
Facilities to be constructed in compliance with appropriate
sections of the California Public Contracts Code.
9. Bid Awards. On behalf of CFD No. 88-12 and EMWD, the
Contract Administrator shall recommend to the City Council that it
award contracts for the EMWD Facilities to be constructed in
compliance with the applicable sections of California Public
Contracts Code. Said EMWD Facilities shall be constructed by a
contractor or contractorslicensed by the State of California
(hereinafter the "Contractor"). Prior to the award of any bid for
said EMWD Facilities, the CITY shall determine that there are
sufficient funds in the Construction Account established by an
Indenture dated February 1, 1991, between CFD No. 88-12 and
Security Pacific National Bank, as Fiscal Agent, (the
"Construction Account" and "Indenture", respectively) to cover the
bid award for each Facility. No award of a contract for an EMWD
7
Facility to be constructed shall be made unless funds, not
otherwise committed, are available to cover the contract award,
including a contingency amount equal to five percent (5%) of the
contract price and all costs of inspecting and administering said
contract.
10. Construction of the Facilities.
(a) Preconstruction Meeting. Prior to the commence-
ment of construction, there shall be a meeting (hereinafter the
"Preconstruction Meeting") among the Contractor(s), the Contract
Administrator, Design Engineer, Resident Engineer and
representatives of EMWD.
(b) Inspection. EMWD will designate a field
inspector (the "Field Inspector") who will be responsible for
inspecting construction of the EMWD Facilities consistent with
Section 14 of this Agreement and will be responsible for reviewing
and concurrence in all Payment Request Forms with regard to said
EMWD Facilities.
(c) Payment. CFD No. 87-1 shall make payments for
completed work, less retentions, in accordance with the payment
schedule determined at the Preconstruction Meeting. The payment
schedule shall be consistent with the Bid Documents reviewed and
concurred with by the Field Inspector. Upon concurrence and sign
off by the Field Inspector of any such Payment Request Form, the
CITY shall cause the Fiscal Agent to make payments in the
requisite amount to those entities or individuals designated on
the Payment Request Form consistent with the provisions of Exhibit
!IDII.
Change Orders.
All change orders regarding the EMWD
8
Facilities to be constructed are to be reviewed by EMWD and
approved in writing, if appropriate. Change orders necessitated
by site conditions shall be financed and paid for by CFD No. 88-12
upon confirmation that funds are available for such purposes.
Change orders required for Betterments requested by EMWD shall be
paid for by EMWD and shall not be paid by CFD No. 88-12, unless
CFD No. 88-12 and the CITY consent 'to such payment in writing.
For purposes of this Agreement "Betterments" shall mean any change
that provides an increase in capacity, size or level of service
above that originally approved by EMWD with respect to the EMWD
Facilities.
12. Use of Funds. CFD No. 88-12 and the CITY shall use
the proceeds in the Construction Account, in part, for the payment
of the design and construction costs of the EMWD Facilities to be
constructed.
CFD No. 88-12 and the CITY shall strictly account for the
expenditure of such proceeds according to accepted accounting
practices. It is the intention of the parties that payments from
the Construction Account shall be made only in connection with a
Payment Request Form for costs and expenses paid or incurred,
including, without limitation, any amounts owing under any
construction contract entered into for said EMWD Facilities. CFD
No. 88-12 shall account for, deposit, invest and reinvest such
funds in the manner required by the Indenture.
13. Improvement Security. Any EMWD Facility to be
constructed or portion thereof for which the Bonds have been sold
shall not be the subject of a subdivision improvement bond or
other security pursuant to Government Code Section 66449.
9
14. Inspection. Construction of the EMWD Facilities
shall be subject at all times to inspection by the Field
Inspector, or his designated representative. The Field Inspector,
or his designated representative, shall inspect the furnishing,
construction and installation of said EMWD Facilities to assure
compliance with EMWD's approved construction plans and
specifications. Inspection shall be the responsibility of the
Field Inspector and shall be done in a timely manner consistent
with the approved schedule established at the Pre-Construction
Meeting. The Field Inspector shall have the authority to enforce
the EMWD approved construction plans and specifications for said
EMWD Facilities, which authority shall include the authority to
require that any and all unacceptable materials, workmanship
and/or installation be replaced, repaired or corrected. In
addition, the contractor(s) shall be required under the approved
construction specifications to repair any and all installed
facilities which have been damaged by any party prior to EMWD's
final acceptance of said EMWD Facilities for ownership, operation
and maintenance, which final acceptance shall follow final
inspection and testing of said EMWD Facilities after completion
thereof. Contractor(s) will be required to: (i) make the
corrections and/or repairs determined by the Field Inspector to be
necessary and consistent with the approved construction
specifications and (ii) provide a one (1) year materials and
workmanship guarantee, the precise nature of which will be agreed
upon by CFD No. 88-12, the CITY and EMWD, providing that such
contractor(s) will repair, at its (their) expense, all failures of
facilities which it (they) furnished, installed and/or constructed
10
due to faulty materials or installation, including settlement of
backfill within said one-year period.
15. Field En~ineerin~ Surveys and Compaction Tests. A
qualified engineering firm (the "Field Engineer") shall be
employed by the CITY to provide all field engineering surveys
associated with the construction of the EMWD Facilities which are
determined to be necessary by the Design Engineer, the
contractor(s) and/or the Field Inspector. The Field Engineer
shall promptly furnish to EMWD a complete set of grade sheets
listing all locations, offsets, etc., in accordance with good
engineering practices, and attendant data and reports resulting
from Field Engineer's engineering surveys and/or proposed facility
design changes and allow EMWD sufficient time to approve or make
any required facility design changes resulting therefrom prior to
construction.
The cost of all compaction tests and report costs
associated with EMWD Facilities furnished and constructed by
contractor(s) shall be included among the costs which are to be
paid from the Construction Account. Field Engineer shall promptly
furnish results of all such compaction testing to EMWD for its
review, evaluation and decision as to compliance with applicable
specifications.
16. Completion of EMWD Facilities to be Constructed.
Upon completion of any of those EMWD Facilities as shown on Table
2 to Exhibit "B" as mutually determined by the Field Inspector and
the Contract Administrator, the CITY shall notify EMWD in writing
of such completion and shall prepare and cause the City Council of
the City of Temecula to accept and file the Notice of Completion
11
as to said EMWD Facilities, record said Notice with the Office of
the Recorder of the County of Riverside, State of California, and
cause the Contractor and all subcontractors to provide lien and
material releases.
17. Completion of EMWD Facilities to be Acquired.
Property Owner will provide to both CFD No. 88-12 and EMWD copies
of the Notice of Completion that it has caused to be recorded with
the Office of the County Recorder for the. County of Riverside
regarding the EMWD Facilities shown on Table i of Exhibit "B".
Property Owner shall provide to CFD No. 88-12 and EMWD copies of
all labor and material lien releases which it has received from
the contractors it retained to construct said EMWD Facilities.
18.. Conveyance of Title. Title to the land or
rights-of-way on and over property within CFD No. 88-12 on which
the EMWD Facilities have been or will be constructed shall be free
of all liens and encumbrances, except easements and other matters
of record that will not interfere with construction, use and
maintenance of the EMWD Facilities. Property Owner and the CITY,
as appropriate, shall cause transfer of title to such land or
rights-of-way on such documents EMWD may prescribe. It is
anticipated that a substantial portion of the EMWD Facilities will
be constructed within public streets and rights-of-way dedicated
to the CITY and other public entities. Any easements granted to
facilitate construction prior to such dedications shall provide
that the easement right conveyed will expire upon dedication and
acceptance of such area as a public right-of-way. As to portions
of the EMWD Facilities that will be constructed on land that would
otherwise remain in private ownership, the provisions of Section
12
19 of this Agreement shall control. It is anticipated that,
depending on decisions made by the CITY and EMWD at the
Pre-Construction Meeting, such conveyances of land and easements
are to be made prior to commencement of construction and that upon
completion of construction such land and rights-of-way associated
with the EMWD Facilities will be conveyed to the EMWD.
In addition, upon completion of the EMWD Facilities, and
written acceptance thereof by EMWD, CFD No. 88-12 and the CITY
shall execute and deliver, without any cost or expense to EMWD, a
Bill of Sale, in form and content acceptable to EMWD and
substantially similar to that attached as Exhibit "E" hereto,
conveying all its right, title and interest in and to all of the
EMWD Facilities. The Bill of Sale shall include a warranty by CFD
No. 88-12 and the CITY that such right, title and interest is free
and clear of any and all encumbrances except those encumbrances
that will not interfere with use and maintenance of the EMWD
Facilities.
19. Easements Involvinq Private Property. For those
portions, if any, of the EMWD Facilities which are to be
constructed within and across private property the CITY shall,
before any such construction begins, obtain easement documents,
which are satisfactory to EMWD as to location, width, content and
form, which have been duly executed by the involved property
owners and which assure EMWD's unequivocal right to own, operate,
maintain, replace, repair and provide service from and through the
involved EMWD Facilities.
20. Acceptance. EMWD agrees to accept title to, and
provide service through, the EMWD Facilities, subject to
13
certification by EMWD that said Facilities have been completed in
accordance with the plans and specifications and provided that
title to the EMWD Facilities is free of all liens and encumbrances
not otherwise acceptable to EMWD. 'In this regard, it is
specifically understood and agreed that EMWD shall not be
obligated to accept title or to operate and provide service
through the EMWD Facilities until satisfactory final inspection
and testing thereof by the EMWD has been completed and all
easement and deed documents have been received by EMWD.
21. Use of EMWD Facilities. Upon conveyance of title to
the EMWD Facilities and acceptance of ownership, said EMWD
Facilities shall become and remain the sole and separate property
of EMWD and shall be operated, maintained and utilized by EMWD to
serve the territory within CFD No. 88-12 and other lands pursuant
to applicable EMWD rules, regulations, policies and procedures as
they may be amended from time to time by EMWD's Board of Directors
and subject to EMWD facility capacity and water supply limitations
which result from conditions that are beyond EMWD's control,
including, but not limited to, applicable regulations and/or
limitations established by The Metropolitan Water District of
Southern California, Federal, State, regional and local agencies.
22. Maintenance. Prior to the transfer of ownership of
the EMWD Facilities to be acquired to EMWD, Property Owner shall
be responsible for their maintenance consistent with the terms of
the Maintenance Agreement. Prior to the transfer of ownership of
the EMWD Facilities to be constructed, the CITY shall be
responsible for their maintenance. Upon acceptance of the EMWD
Facilities as described in Table 1 or Table 2 of Exhibit "B" by
14
EMWD, EMWD shall be solely responsible for the maintenance thereof
and all rights, duties and obligations of either Property Owner or
the CITY for said maintenance under the Maintenance Agreement or
this Agreement shall terminate.
23. Administrative Costs. All administrative costs of
CFD No. 88-12, the CITY and EMWD and the Property Owner which
include but are not limited to the reasonable cost of preparing
the Bid Documents, all fees and costs incurred in obtaining
permits, licenses, offsite rights-of-way or easements, inspection
fees and land acquisition costs are provided for in Exhibit "B".
The parties recognize the amount of such costs may subsequently
increase in the future. CFD No. 88-12 shall cause to be paid from
the Construction Account the reasonable administrative costs
actually incurred by each party to this Agreement.
24. No ObliGations Assumed. Nothing herein shall be
construed as requiring CFD No. 88-12 to issue or sell the Series
1991 Bonds pursuant to the Act or any other law or regulation
requiring the construction of the EMWD Facilities.
25. Indemnification. Property Owner shall assume the
defense of, indemnify and hold harmless both CFD No. 88-12 and
EMWD and their respective officers, employees and agents, and each
and every one of them, from and against all actions, damages,
claims, losses and expenses of every type and description to which
they may be subjected or put, by reason of, or resulting from, (i)
the actions of Property Owner required in the performance of this
Agreement and (ii) the design, engineering and construction of the
EMWD Facilities to be acquired (as shown on Table 1 of Exhibit
"B") designed, engineered and constructed by Property Owner;
15
provided that, the actions, damages, claims, losses and expenses
covered by this paragraph shall be those arising out of events
which occur during the period up to the acceptance of the EMWD
Facilities by EMWD whether or not an action or claim is filed by
the date of acceptance of the EMWD Facilities~ and provided
further that, nothing in this paragraph shall limit, in any
manner, EMWD's rights against any of Property Owner's architects
or engineers. No provision of this Agreement shall in any way
limit the extent of the responsibility of Property Owner for
payment of damages resulting from its own operations or the
operations of any of its agents or employees.
The CITY shall assume the defense of, indemnify and hold
harmless, both EMWD and CFD No. 88-12 and their respective
officers, employees and agents, and each and every one of them,
from and against all actions,.damages, claims, losses and expenses
of every type and description to which they may be subjected or
put, by reason of, or resulting from, (i) the actions of CITY
pursuant to this Agreement and (ii) the design, engineering, and
construction of the EMWD Facilities to be constructed (as shown on
Table 2 of Exhibit "B")~ provided that the actions, damages,
claims, losses and expenses covered by this paragraph shall be
those arising out of events which occur during the period up to
acceptance of the EMWD Facilities by EMWD whether or not an action
or claim is filed by the date of acceptance of the EMWD
Facilities~ and provided that nothing in this paragraph shall
limit, in any manner, EMWD's rights against any of CITY's
contractors, architects or engineers. No provision of this
Agreement shall in any way limit the extent of the responsibility
16
of CITY for payment of damages resulting from its own operations,
including but not limited to design liability for the Road
Facilities, or the operations of any of its contractors, agents or
employees.
The CITY hereby assures EMWD and CFD No. 88-12 that any
and all contractors employed by it shall furnish to EMWD
certificates of insurance substantiating that they have obtained
for the entire period of construction of any of the EMWD
Facilities to be constructed a policy of workers compensation
insurance and a comprehensive general liability insurance policy
with coverage broad enough to include the contractual obligations
they have under the construction contract and having a combined
single limit of liability in the amount of $2,000,000. Said
certificate of insurance shall include an endorsement naming the
EMWD, CFD No. 88-12, the CITY and the County, and their respective
officers, employees and agents as additional insureds.
EMWD shall assume the defense of, indemnify and hold
harmless CFD No. 88-12, the CITY and the Property Owner and their
respective officers, employees and agents, and each and every one
of them, from and against all actions, damages, claims, losses and
expenses of every type and description to which they may be
subjected or put, by reason of, or resulting from, the actions of
EMWD taken in the performance of this Agreement. No provision of
this Agreement shall in any way limit the extent of the
responsibility of EMWD for the payment of damages resulting from
its own operations or the operations of any of its contractors,
agents or employees.
CFD No. 88-12 shall assume the defense of, protect,
17
indemnify and hold harmless the CITY, EMWD, and the Property Owner
and their respective officers, employees, agents, and consultants
and each and every one of them, from and against all actions,
damages, claims, losses, liabilities and expenses of every type
and description to which they may be subjected or put, by reason
of, or resulting from, the actions of CFD No. 88-12 taken in the
performance of this Agreement. No provision of this Agreement
shall in any way limit the extent of the responsibility of CFD
No. 88-12 for the payment of damages resulting from its own
operations or the operations of any of its contractors, agents or
employees.
26. Effective Date and Termination. This Agreement
shall become effective and of full force and effect as of the date
(the "Effective Date") on which CFD No. 88-12 sells and issues the
Series 1991 Bonds. Should CFD No. 88-12 be unable to sell the
Series 1991 Bonds, this Agreement shall terminate and be of no
further force and effect.
27. Notice. Any notice, payment or instrument required
or permitted by this Agreement to be given or delivered to any
party or other person shall be deemed to have been received when
personally delivered or upon deposit of the same in the United
States Post Office, registered or certified, postage prepaid,
addressed as follows:
18
Property Owner:
Tomond Properties
c/o John C. Raymond
613 West Valley Parkway, Suite 270
Escondido, California 92033-2159
(619) 489-0123
District:
Eastern Municipal Water District
Post Office Box 8300
San Jacinto, California 92383-1300
Attn: J. Andrew Schlange
General Manager
(714) 925-7676
FAX (714) 929-0257
City:
City Manager
City of Temecula
27403 Ynez Road, Suite 109
Temecula, California 92390
(714) 694-1989
FAX (714) 694-1999
CFD No. 88-12:
Community Facilities District
No. 88-12 of the County of Riverside
c/o Administrative Office
4080 Lemon Street, 12th Floor
Riverside, California 92501
Attn: Community Facilities
District Administrator
(714) 275-1110
FAX (714) 275-1105
Each party can change its address for delivery of notice
by delivering written notice of such change of address to the
other parties within twenty (20) days of such change.
28. Captions. Captions to sections of the Agreement are
for convenience purposes only and are not part of this Agreement.
29. Severability. If any portion of this Agreement is
declared by a court of competent jurisdiction to be invalid or
unenforceable, such portion shall be deemed severed from this
Agreement and the remaining parts shall remain in full effect as
though such invalid or unenforceable provision had not been a part
of this Agreement.
30. Successors and AssiQns. This Agreement shall be
19
binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
31. Entire Agreement. This Agreement contains the entire
agreement between the parties with respect to the matters provided
herein.
32. Amendments. This Agreement may be amended or
modified only in writing signed by all of the parties.
33. Exhibits. The following exhibits attached hereto are
incorporated into this Agreement by reference.
Exhibit Description
"A" Boundary Map of CFD No. 88-12
"B" EMWD Facilities Description
and Purchase Price
"C" Maintenance Agreement
"D" Joint Financing Agreement between
CFD No. 88-12 and City
"E" Bill of Sale
34. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
20
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first above written.
COMMUNITY FACILITIES DISTRICT NO.
88-12 OF THE COUNTY OF RIVERSIDE
DATED:
ATTEST:
, 1991
By:
Chairman of the Board of
Supervisors, Ex Officio the
Legislative Body of Community
Facilities District No. 88-12
of the County of Riverside
By:
Clerk of the Board of
Supervisors, Ex Officio
the Legislative Body of
Community Facilities
District No. 88-12 of
the County of Riverside
EASTERN MUNICIPAL WATER DISTRICT
By:
President
TOMOND PROPERTIES, a California
general partnership
By:
John C. Raymond, Trustee
of the John and Caroline
Raymond Family Trust
Dated September 26, 1984
General Partner
21
CITY OF TEMECULA
By:
Mayor
DATE:
, 1991
ATTEST:
By:
City Clerk
Approved as to Form:
By
City Attorney
TJD:db
1/22/91
297a
22
EXHIBIT "B"
SEWER FACILITIES
DESCRIPTION OF FACILITIES
COST AND BUDGETS
COUNTY OF RIVERSIDE
COMMUNITY FACILITIES DISTRICT 88-12
YNEZ ROAD CORRIDOR
CITY OF TEMECULA
11-JAN-1991
SEWER FACILITIES TO BE ACQUIRED (Table 1)
$125,239.76
SEWER FACILITIES TO BE CONSTRUCTED (Table 2)
$180,960.00 (a)
SUBTOTAL $306,199.76
iNCIDENTAL COSTS (For Facilities to be Constructed only)
DESIGN PHASE SERVICES
Engineering
Plan Check
Administration
$16,500.00 (b)
$5,881.00 (c)
$2,714.00 (d)
CONSTRUCTION PHASE SERVICES
Construction Management
Construction Inspection
Construction Surveys
Construction Soils Testing
$2,714.00 (d)
$5,881.00 (c)
$8,143.00 (e)
$5,429.00 (f)
SUBTOTAL $45,762.00
GRAND TOTAL $351,961.76 (g)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Est4m~ted Costs based on prel~m4nary plans with 20% contingencies
Per agree~me_nt between City of Temecula and J. F. Davidson Associates plus 10%
Budget Amount est~-~ted at 3.25% of Construction Estimate for indicated projects
Budget Amount estimated at 1.50% of Construction Estimate for indicated projects
Budget Amount estimated at 4.50% of Construction Estimate for indicated projects
Budget Amount es=4m~ted at 3.00% of Construction Estimate for indicated projects
DOES NOT INCLUDE FINANCING COSTS
EXHIBIT "B"
Page i of 3
TAILE 1: 11-JAN-1991
SEI~R FACiLITiES TO IE AC3]UIEED BY EASTERN NUIIICIPAL tiATER DISTRICT
ITEH UNIT
NO ITEN DESCRIPTIONS gUtJITITY UNIT COST COST
EXiSTiNG $BRR SYSTEN
1 8" VCP Sever Nain 1583.0 LF $20.Z5 S32,055.75
2 /8" NanhoLes 6.0 EA Sl,700.00 S10,200.O0
3 Stopring Naeotes 9.0 EA Sl,4~0.00 S12,~60.00
&Remove End PLug 1.0 LS $150.00 $150.00
5 /,, Laterats 219.0 LF $12.00 $2,628.00
6 Traffic Controt, A~phaLt 1.0 L$ S4,000.00 S/,,000.00
7 5OOC Backhoe 3.0 HR S6S.O0 S19~.0Q
8 Laborer ~/Truck &TooLs 12.0 HR S30.OO S360.00
9 1-TOn TrUck 8.Q HR $25.Q0 S~OQ.O0
10 /,16 Backhoe 5.Q HIt S65.0Q S325.QO
11 ~" VCP Pipe Z3.Q LF S~.OO SgZ.O0
12 Inspection for RTAP 1.0 LS s10,402.21 S10,402.21
13 L2 G Bride 5.0 HR M5.O0 S&25.00
1~, Hove In 5.0 HR 1,26.00 $130.00
15 12G BLade 32.5 HR S85.00 $2,762.50
15 225 Backhoe 29.0 HR S125.00 $3,625.00
17 500 Hoe v/Vibratory A.O NR $15.00 S300.O0
18 Grade Checker 37.0 HR rk37.00 S1,:369.00
19 Labor v/Traffic Control /,5.0 HR S30.00 S1,350.00
20 SawcuT t i ng 1.0 LS S200. O0 S200. O0
21 Sheepsfoot 2/e.O HR SZ3.00 S552.00
22 416 Hoe 6.5 HR S65.00 S422.50
23 Water Truck 2.5 HR S50.00 S125.00
2G S turry 7.0 CY S45. O0 $315. O0
25 966 toeclef 11.5 HR S95.00- S1,092.50
26 Hove In 225 Hoe 1.0 LS S130.00 S130.00
27 500 Backhoe ~/Storeper 6.0 HR $15.00 S450.00
28 CoLd Hix 22 Tons sncl Trucking 1.0 LS SBO0.O0 SBO0.O0
29 Rot Let 1.0 DAY S160.00 S160.00
SUSTOTAL S87,776. A6
INCIDENTALS
Engineering S7,701.23
ConsuLtants t3,790.91
Testing & Studies SJ.,2~3.29
Project Administration S11,/,89.?0
Supervision Sl,627.10
Letter of Credit Fees S/,,258.05
Staking S4,353.02
SUBTOTAL S37,/,63.30
GaAND TOTAL S125,Z39.76
EXHIBIT "B"
Page 2 of 3
TABLE 2: 11-JAI1-1991
SEER FACZL]TZE$ TO BE C:OltSTiIUCTED
Z T Ell EST !MATED UN ! T E ST ! HATED
NO ITEN DE$CIIPTIONS QUANTITY UNIT COST TOTAL
1 lZ" VT::P SE',,ER IV, Ill 1,600 LF 1,65.00 I;104,000.00
2 .~0" JAIl:B) SEllER CASING 120 LF S250,00 $30,000.00
3 SE',,ER NANHOLES 6 EA S2,800.00 S16,800.00
$1,.JITOTAL 1;150,800.00
, 20~ CONTINGENCY L.~O, 160.00
TOTAL 1;180,96.0.00
EXHIBIT 'B"
Page 3 of 3
EXHIBIT "C"
MEMORANDUM OF UNDERSTANDING FOR
TEMPORARY UTILITY SERVICE
THIS MEMORANDUM OF UNDERSTANDING is entered into as
of the 1st day of February, 1990, by and between TOMOND
PROPERTIES, a California general partnership, and EASTERN
MUNICIPAL WATER DISTRICT, a public agency.
1. Tomond has completed the construction of sewer
system facilities in Ynez Road, Solana Way, Motor Car
Parkway, and the 30-foot private road and utility easement,
which will be dedicated to, become the property of and be
operated and maintained by Eastern. However, Tomond's
property adjacent to the streets where those sewer system
facilities have been constructed and installed is within the
boundaries of Community Facilities District No. 88-12 (Ynez
Corridor) of the County of Riverside, and the sewer system
facilities are to be acquired by the County for the benefit
of Eastern with the proceeds of the sale of the bonds of
that community facilities district. Accordingly, Tomond
cannot dedicate or convey title to the sewer system
facilities to Eastern until the facilities are acquired by
the County with the proceeds of the sale of the bonds.
2. To allow Tomond and the County adequate time
to complete the issuance and sale of the bonds of the
community facilities district and the acquisition by the
EXHIBIT "C"
Page 1 of 3
County for Eastern from Tomond of the sewer system facili-
ties with the proceeds of the sale of those bonds, Eastern
will provide sewer service to Tomond and other property
owners in the immediate area of the sewer system facilities
for a period of twelve (12) months from the date of this
memorandum without requiring dedication of the sewer system
facilities by Tomond to Eastern.
3. Until such time as the sewer system facilities
are acquired by the County or Eastern with the proceeds of
the sale of the bonds of the community facilities district
or Tomond dedicates the sewer system facilities to Eastern,
Eastern shall have no responsibility for the repair or
maintenance of the sewer system facilities or any street
repairs or maintenance associated therewith, and Tomond
shall be solely responsible for all such repairs and
maintenance, and shall indemnify Eastern from any expense in
connection therewith.
4. If the County determines, for whatever reason,
that it is unable to proceed with the issuance and sale of
the bonds of the community facilities district and notifies
Tomond and Eastern of that determination, Tomond shall
forthwith, upon receipt of such notification, dedicate the
sewer system facilities to Eastern by appropriate dedication
or conveyance documents acceptable to Eastern.
-2-
EXHIBIT "C"
Page 2 of 3
5. Until the sewer system facilities are acquired
by the County for Eastern or by Eastern from Tomond with the
proceeds of the sale of the bonds of the community
facilities district or until Tomond dedicates or conveys the
sewer system facilities to
facilities shall remain and
property of Tomond.
Eastern, the sewer system
be the sole and exclusive
TOMOND PROPERTIES, a California
general partnership
John C. Raymond, Tru~
of the John and Caroline
ymond Family Trust,
Dated September 26, 1984,
General Partner
Tij~ M"anager j
RTA10
-3-
EXHIBIT "C"
Page 3 of 3
JOINT FINANCING AGREEMENT BETWEEN
COMMUNITY FACILITIES DISTRICT NO. 88-12
OF THE COUNTY OF RIVERSIDE AND
THE CITY OF TEMECULA
THIS JOINT FINANCING AGREEMENT (the "Agreement") is made
and entered into as of February 1, 1991, by and between COMMUNITY
FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ
CORRIDOR), a legally constituted governmental entity organized and
existing pursuant to Division 2, Part 1, Chapter 2.5 of Title 5 of
the California Government Code (hereinafter "CFD No. 88-12") and
the CITY OF TEMECULA, an incorporated municipality (hereinafter
"CITY").
RECITALS
A. The owners of more than 10 (ten) percent of the
property within the boundaries of CFD No. 88-12, as shown on
Exhibit "A" which is attached hereto, filed an application and a
written petition with the County of Riverside (the "County") to
establish CFD No. 88-12 pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended, commencing with Section 53311
of the California Government Code (the "Act") to finance the
acquisition and construction of certain public facilities
hereinafter defined, including all incidental expenses to be
incurred in connection therewith.
B. The Board of SupervisOrs of the County (the "Board"),
after determining said petition sufficient, adopted Resolution No.
89-390 (the "Resolution of Intention") and Resolution No. 89-391
on July 25, 1989 that respectively stated the Board's intention to
form CFD No. 88-12 for the purpose of financing the construction
and acquisition of certain enumerated public facilities and to
EXHIBIT D
incur bonded indebtedness in an aggregate principal amount not to
exceed $60,000,000 to pay for the construction and acquisition of
said facilities. Both Resolutions called for a noticed public
hearing with regard to all matters regarding the formation of CFD
No. 88-12 and the incurrence of bonded indebtedness.
C. On August 29, 1989 the Board opened the public
hearing and continued the hearing to September 26, 1989 at which
time the hearing was closed. Upon closing said hearing, the Board
adopted Resolution No. 89-449 (the "Resolution of Formation")
establishing CFD No. 88-12, which has those boundaries as shown on
Exhibit "A", and authorizing the levy of a special tax (the
"Special Tax") within CFD No. 88-12 and Resolution No. 89-450
determining the necessity to incur bonded indebtedness. Both
Resolutions called for a special election to be held as required
by the Act.
D. On November 7, 1989 the registered voters living
within the proposed boundaries of the City of Temecula voted to
incorporate. The effective date of said incorporation was
December 1, 1989. The territory within CFD No. 88-12 is within
the boundaries of the CITY.
E. On January 9, 1990 the Board, acting in its capacity
as the legislative body of CFD No. 88-12, adopted Resolution No.
90-46, amending Resolution No. 89-449, and Resolution No. 90-47,
amending Resolution No. 89-450. Both amending Resolutions
designated March 23, 1990 as the date for the special election.
F. The CITY adopted Resolution No. 90-30 on March 20,
1990 stating its general support for CFD No. 88-12 and identifying
those public facilities whose acquisition or construction by CFD
2
No. 88-12 it would support.
G. On April 3, 1990 the Board canvassed the election
results of the special election held on March 23, 1990, and
determined that the qualified electors within CFD No. 88-12 voted
by a majority in excess of two-thirds of the votes cast to approve
CFD No. 88-12 incurring bonded indebtedness in an aggregate
principal amount not to exceed $60,000,000 and the levy of the
Special Tax to pay debt service on any bonded indebtedness
incurred, to pay the administrative expenses of CFD No. 88-12, and
to replenish any reserve fund established by CFD No. 88-12 to the
extent allowed by the maximum rate of the Special Tax.
H. The validity of the Special Tax and the issuance of
bonds by CFD No. 88-12 was confirmed by a judgment entered in the
Superior Court of the State of California in.and for the County of
Riverside on June 20, 1990 in the case of County of Riverside on
Behalf of Community Facilities District No. 88-12 (Ynez Corridor)
v. All Persons. etc.. et al. (Case No. 204581).
I. Certain of the public facilities to be acquired or
constructed by the proceeds of bonds to be issued and sold by CFD
No. 88-12 are, upon acquisition or construction, to be owned and
maintained by the CITY. Those specific public facilities are
enumerated and described in Exhibit "B" hereto, and by this
reference incorporated herein, and shall be identified as the
"Road Facilities".
J. CFD No. 88-12 anticipates issuing and selling an
initial series of bonds (the "Series 1991 Bonds") to pay for the
acquisition of certain of the Road Facilities, as identified on
Exhibit "B", and to pay for the design, engineering and
3
construction of certain Road Facilities, as identified on Exhibit
"B". It is presently anticipated by CFD No. 88-12 that one or
more additional series of bonds will be sold to pay for the
design, engineering and construction of additional Road
Facilities, also identified on Exhibit "B".
K. CFD No. 88-12 and the CITY desire to enter into this
Agreement pursuant to Sections 53316.2, 53316.4 and 53316.6 of the
Act.
A~EEE~E~
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the parties agree as follows:
1. Sale of Bonds and Use of Proceeds. CFD No. 88-12
shall proceed to issue and sell bonds in one or more series at
such time and in such amounts as CFD No. 88-12, in its discretion
after consultation with the CITY, may determine to be
appropriate. The principal amount of any series shall include,
but not be limited to, the costs of the public facilities to be
acquired or constructed, a reasonable amount for underwriting fee,
a bond reserve fund, capitalized interest, gross funded for a
period determined appropriate by CFD No. 88-12, bond issuance
costs and all such incidental costs as may be permitted by the Act
and applicable law and approved by CFD No. 88-12. The amount of
bonds to be sold in any series shall be determined in consultation
with the CITY and will represent, in part, that amount which the
CITY, in good faith, has determined can be expended within
twenty-four (24) months of date on which bond proceeds would be
available for the design, engineering, construction and
acquisition of the Road Facilities. The proceeds from the sale of
4
any series of bonds shall be deposited, held, invested and
reinvested as provided in a bond indenture or any supplement
thereto, between CFD No. 88-12 and Security Pacific National Bank,
as Fiscal Agent (the "Fiscal Agent"), or successor Fiscal Agent,
regarding the particular series of bonds issued and sold by CFD
No. 88-12. Resolution No. 91- providing for the issuance and
sale of the Series 1991 Bonds approved a Bond Indenture (the
"Indenture") between CFD No. 88-12 and the Fiscal Agent.
2. Sale of the Series 1991 Bonds. On or about
February , 1991, CFD No. 88-12 shall offer the Series 1991
Bonds in the aggregate principal amount of $ for
sale to Stone & Youngberg, or other underwriter acceptable to CFD
No. 88-12, pursuant to the Act to fund the acquisition and
construction of the Road Facilities as so identified in Exhibit
"B". The proceeds of the Series 1991 Bonds are to be used for the
purposes substantially set forth in the Receipts and Disbursement
Schedule attached hereto as Exhibit "C" and by this reference
incorporated herein.
3. Reimbursement to CFD No. 88-12 for Costs Incurred
Prior to Sale of Bonds. CFD No. 88-12 is to receive one quarter
of one (.0025) percent of the principal amount of any series of
bonds issued and sold by CFD No. 88-12 to cover its costs incurred
during the formation of CFD No. 88-12 and in preparing and coordi-
nating the sale of each series of bonds. This amount represents
all administrative, legal and other incidental expenses incurred
by CFD No. 88-12 during the formation of the CFD No. 88-12 and
prior to the issuance and sale of the Series 1991 Bonds. The
amount is to be paid only from the proceeds of the bonds.
5
4. Reimbursement of Costs Incurred by CITY Prior to the
Sale of the Series 1991 Bonds. On the date of delivery of the
Series 1991 Bonds and receipt of the proceeds therefor, CFD No.
88-12 shall cause to be paid to the CITY from the Construction
Account (the "Construction Account") of the Acquisition and
Construction Fund established by the Indenture those amounts shown
on Exhibit "D" hereto. Exhibit "D" lists those costs incurred or
advanced by the CITY for the design and engineering of the Road
Facilities and incidental costs related thereto, including legal
and administrative expenses.
5. Reimbursement of Costs Incurred by ProDertV Owners
Prior to Sale of the Series 1991 Bonds.
(a) CFD No. 88-12 and the CITY acknowledge that
those property owners listed on Exhibit "E" hereto expended or
advanced those amounts shown on Exhibit "E" for a special tax
consultant, appraisal fees, and fees of other consultants employed
in connection with the formation of CFD No. 88-12, the financing
of the public facilities and the issuance of the Series 1991
Bonds. Those amounts shown on Exhibit "E" shall be paid to the
persons or entities identified on Exhibit "E" from the Cost of
Issuance Account (the "Cost of Issuance Account") of the
Acquisition and Construction Fund established by the Indenture.
(b) CFD No. 88-12 and the CITY acknowledge that
those property owners listed on Exhibit "F" hereto expended or
advanced those amounts shown on Exhibit "F" to pay for design and'
engineering costs associated with the Road Facilities' Those
amounts shown on Exhibit "F" shall be paid to the persons or
entities identified on Exhibit "F" from the Construction Account.
6
CITY represents to CFD No. 88-12 that these costs are included in
the engineering and design costs shown on Exhibit "B".
6. Facilities to be Acquired. Certain of the Road
Facilities, as identified on Exhibit "B", were substantially
constructed by Tomond Properties, a California general
partnership, prior to the adoption of the Resolution of
Formation. Consistent with the Act and this Agreement, CFD No.
88-12 will acquire on behalf of the CITY and the CITY will accept
said Road Facilities. CITY is to prepare those deeds or easements
by which dedication or transfer of title to the CITY of the land
or rights-of-way on and over the property on which said Road
Facilities are constructed is to be made. Conveyance of title to
the CITY of said Road Facilities shall be free of all liens and
encumbrances except those easements and other matters of record
that will not interfere with the use or maintenance of said Road
Facilities. The price to be paid for each of the Road Facilities
to be acquired is as shown on Exhibit "B". Upon transfer of
title, the CITY will have the obligation to maintain such Road
Facilities consistent with its procedures for the use and benefit
of persons owning property, residing or working within the
boundaries of CFD No. 88-12.
7. Acquisition and Development of a Park Site.
(a) The CITY has not determined the site that it
desires to acquire or develop with proceeds from the Series 1991
Bonds for use as a park. The CITY agrees that it will cause the
park to be designated within two (2) years of the date on which
CFD No. 88-12 sells the Series 1991 Bonds. The CITY further
agrees that the park site will satisfy the following criteria as
7
specified by the Act, the Resolution of Intention, Bond Counsel
and Counsel to CFD No. 88-12:
(1) The proceeds from the Series 1991 Bonds will be used
to construct, purchase, expand, improve or
rehabilitate real or other tangible'property with
the resulting park having an estimated useful life
of five (5) years or longer.
(2) The park will be located within CFD No. 88-12 or
benefit persons owning real property or working or
living within CFD No. 88-12, benefit to be
determined by Bond Counsel and Counsel to CFD
No. 88-12 consistent with applicable law.
(3) The park will be owned, operated and maintained by
the CITY.
8. Design and Engineering of Road Facilities to be
Constructed. The CITY shall employ a properly qualified
registered civil engineer (the "Design Engineer") to design and
prepare detailed bid documents, construction plans, and
specifications for the Road Facilities identified on Exhibit "B"
that are to be constructed by the CITY. Upon submission by the
CITY of a Payment Request Form (the "Payment Request Form") as
specified by the Indenture to the Fiscal Agent and a'duplicate to
CFD No. 88-12, proceeds in the Construction Account will be paid
to the individuals or entities identified in the amounts specified
to pay for the design and engineering costs, including any amounts
necessary to reimburse the CITY for its administrative costs
incurred in reviewing and approving the plans, specifications and
bid documents. Each Payment Request Form submitted by the CITY
8
shall have a certificate attached thereto, signed by the
designated representative of the CITY, in the form as shown in
Exhibit "G" hereto. Failure on the part of the CITY to provide
the duplicate Payment Request Form to CFD No. 88-12 at the time it
submits the original to the Fiscal Agent will. result in CFD No.
88-12 directing the Fiscal Agent to withhold any disbursement of
bond proceeds from the Construction Account until notice is
provided by CFD No. 88-12 that payment is to be made.
Exhibit "B" provides an estimated budget for the design,
engineering and construction of each of the Road Facilities. This
budget has been prepared by engineers retained by the CITY and it
is the responsibility of the CITY to function within the dollar
costs set forth in Exhibit "B".
CITY agrees to keep records of all funds received from
the Construction Account and made available for the design,
engineering, construction and acquisition of the Road Facilities.
SuCh records shall be available for inspection by CFD No. 88-12
during business hours on reasonable notice.
9. Acquisition of Rights-of-Way. CITY has full
responsibility for securing all easements and rights-of-way
required for the construction of the Road Facilities.
10. Solicitation of Bids. CITY shall solicit bids for
the construction of the Road Facilities as public works contracts
in compliance with the appropriate sections of the Act, the Public
Contracts Code, the Government Code, and the Labor Code governing
the'solicitation of bids by a municipality.
11. Bid Awards. CITY shall award contracts for the Road
Facilities as public works contracts in compliance with the Act
9
and the applicable sections of the Public Contracts Code, the
Government CQde and the Labor Code. The Road Facilities shall be
constructed by a contractor or contractors licensed by the State
of California (the "Contractor").. The Contractor shall be
required to provide performance and payment bonds, each in a
principal amount equal to 100% of the contract price, and to name
both the CITY and CFD No. 88-12 and the employees, officers,
directors, agents and consultants thereof as additional insureds
under a comprehensive general liability insurance policy with
coverage broad enough to include contractual obligations under
such construction contract and in an amount not less than two
million dollars ($2,000,000) per occurrence. The bid and contract
documents shall include the bond and insurance requirements as set
forth by mutual agreement of the CITY and CFD No. 88-12 at the
time of advertising for bids, and said requirements shall not be
less than those stated above.
Prior to the award of any bid for a Road Facility, the
CITY shall determine from CFD No. 88-12 that there are sufficient
funds in the Construction Account to cover the award of the bid
for the Road Facility. No award of a contract for a Road Facility
shall be made unless funds, not otherwise committed by prior
construction contracts, are available to cover the contract award,
including a contingency amount equal to ten percent (10%) of the
contract price and all costs for inspecting and administering said
contract. Failure by the CITY to secure approval as to the
availability of funds prior to the award of a contract will result
in CFD No. 88-12 directing the Fiscal Agent not to honor any
Payment Request Forms submitted for said contract until and unless
10
CFD No. 88-12 can determine that funds are available.
12. Construction of the Road Facilities.
(a) Contract Administration. The CITY shall have
responsibility for administering the construction contracts
awarded for the Road Facilities.
(b) Inspection. Inspection of the Road Facilities
during construction shall be the responsibility of the CITY and
its retained engineers.
(c) Payment. Upon the CITY submitting a Payment Request
Form to the Fiscal Agent, and a duplicate to CFD No. 88-12,
payment will be made from proceeds in the Construction Account for
work completed in the amounts and to the entities specified in the
Payment Request Form. Failure on the part of CITY to provide the
duplicate Payment Request Form to CFD No. 88-12 at the time it
submits the original to the Fiscal Agent will result in CFD No.
88-12 directing the Fiscal Agent to withhold any disbursement of
bond proceeds from the Construction Account until notice is
provided by CFD No. 88-12 that payment is to be made. CITY is to
have secured all appropriate labor and material releases prior to
submitting the Payment Request Form. A certificate in the form of
Exhibit "G" is to be attached to each Payment Request Form and
executed by the designated representative of the CITY.
(d) Change Orders. No change order may be approved by
the CITY, with regard to a Road Facility, without receiving
confirmation from CFD No. 88-12 that there'are sufficient
uncommitted funds in the Construction Account for such purposes.
The CITY's representative may approve change orders in a
cumulative total amount of $30,000 or 3% of the contract price of
11
each Road Facility, whichever is less, without receiving prior
confirmation from CFD Ne. 88-12 of the availability of funds.
13. Completion of Construction. The CITY shall prepare
and execute a Notice of Completion as to each of the Road
Facilities, record said Notice with the Office of the Recorder of
the County of Riverside, State of California, and cause the
Contractor and all subContractors to provide lien and material
releases with respect thereto. The CITY shall provide copies of
each said Notice and all releases to CFD No. 88-12
14. Administrative Costs.
(a) Construction. All administrative costs of the CITY,
which may include but are not limited to the reasonable costs of
preparing the bid documents, all fees and costs incurred in
obtaining permits, licenses, rights-of-way or easements, and
engineering, legal, fiscal, inspection fees and land acquisition
costs, are provided for in Exhibit "B". The parties recognize
that the amount of such costs may subsequently increase prior to
the completion of construction of the Road Facilities. The CITY
shall prepare a Payment Request Form and appropriate certificate,
and submit said Form to the Fiscal Agent and a duplicate to CFD
No. 88-12 for the reasonable administrative costs actually
incurred by the CITY pursuant to this Agreement. Failure on the
part of CITY to provide the duplicate Payment Request Form to CFD
No. 88-12 at the time it submits the original to the Fiscal Agent
will result in CFD No. 88-12 directing the Fiscal Agent to
withhold any disbursement of bond proceeds from the Construction
Account until notice is provided by CFD No. 88-12 that payment is
to be made. A certificate in the form of Exhibit "G" is to be
12
attached to each Payment Request Form and executed by the
designated representative of the CITY.
(b) On Going. CITY has entered into an
agreement(s) with many of the property owners within the boundary
of CFD No. 88-12. The agreement provides that the CITY will make
a portion of sales and use tax revenue generated from the property
owners' holdings with CFD No. 88-12 available to the property
owner to off set their Special Tax obligation. On or before June
i of each calendar year, the CITY shall submit to CFD No. 88-12 an
itemized budget of expenses it estimates it will incur during the
ensuing fiscal year to administer said agreements and for any
administrative expenses associated with CFD No. 88-12. CFD No.
88-12 shall cause said amount to be included in its calculation of
administrative expenses to be collected through the Special Tax
and deposited in the Administrative Expense Fund created by the
Indenture. The CITY shall submit billings throughout the fiscal
year for such expenses actually incurred and CFD No. 88-12 will
cause the appropriate Payment Request Form to be prepared and
submitted to the Fiscal Agent.
15. Use of Funds. The CITY shall use all funds received
from CFD No. 88-12 exclusively for the payment of the design,
engineering, construction and acquisition costs of the Road
Facilities, except as otherwise provided in this Agreement. The
CITY shall strictly account for the expenditure of such funds
according to accepted accounting practices for public agencies and
shall report all receipts and disbursements to CFD No. 88-12 upon
reasonable request by CFD no. 88-12. It is the intention of the
parties that the CITY shall receive payment of bond proceeds only
13
in connection with the Payment Request Form for costs and expenses
paid or incurred, including, without limitation, any amounts owing
under any construction contract entered into by the CITY for the
Road Facilities. CITY shall provide CFD No. 88-12 with a complete
accounting showing expenditure of the funds received from CFD No.
88-12. The accounting may be subject to independent audit at the
expense of CFD No. 88-12 to determine whether the CITY's methods
of reporting, accounting and control are in compliance with the
requirements of this Agreement. CFD No. 88-12 shall account for~
deposit, invest and reinvest bond proceeds in the manner required
by the Indenture.
16. Use of the Road Facilities. Upon completion of
construction and acceptance by the CITY of the Road Facilities,
said facilities shall be and remain the sole and separate property
of the CITY. The Road Facilities shall be operated, maintained
and utilized by the CITY to serve the properties within CFD No.
88-12 and other lands pursuant to applicable rules, regulations,
policies and procedures of the CITY.
17. ImDrovement Security. Any Road Facility, or portion
thereof, for which the Series 1991 Bonds have been sold shall not
be the subject of a subdivision improvement bond or other security
requirement pursuant to Government Code Section 66499 to the
extent that subdivision requirements are satisfied by available
bond proceeds.
18. Tax for Debt Service. Upon sale and delivery of the
Series 1991 Bonds, the Board, as the legislative body of CFD No.
88-12, shall annually levy the Special Tax as provided for in the
formation proceedings for CFD No. 88-12 authorizing the levy of
14
such Special Tax and the sale and issuance of the Series 1991
Bonds. The entire amount of the Special Tax annually levied shall
be allocated to CFD No. 88-12.
19. CaDitaliZed Interest. CFD No. 88-12 agrees that
funds equal to ( ) months of capitalized interest, as
provided by the Indenture, shall be deposited in the Capitalized
Interest Account of the Acquisition and Construction Fund
established by the Indenture to pay interest on the Series 1991
Bonds. Said Account shall be depleted before any Special Taxes
are applied to debt service on the Series 1991 Bonds.
20. Indemnification. The CITY shall assume the defense
of, indemnify and hold harmless CFD No. 88-12 and its respective
officers, employees, agents, and consultants, and each and every
one of them, from and against all actions, damages, claims, losses
and expenses of every type and description to which they may be
subjected or put, by reason of, or resulting from, (i) the actions
of CITY pursuant to this Agreement and (ii) the design,
engineering, and construction of the Road Facilities as shown on
Table 2 of Exhibit B; provided that nothing in this paragraph
shall limit, in any manner, CFD No. 88-12's rights against any of
CITY's contractors, architects or engineers. No provision of this
Agreement shall in any way limit the extent of the responsibility
of CITY for payment of damages resulting from its own operations,
including but not limited to design liability for the Road
Facilities, or the operations of any of its contractors, agents or
employees.
CFD No. 88-12 shall assume the defense of, protect,
indemnify and hold harmless the CITY and its respective officers,
15
employees, agents, and consultants and each and every one of them,
from and against all actions, damages, claims, losses, liabilities
and expenses of every type and description to which they may be
subjected or put, by reason of, or resulting from, the actions of
CFD No. 88-12 taken in the performance of this Agreement. No
provision of this Agreement shall in any way limit the extent of
the responsibility of CFD No. 88-12 for the payment of damages
resulting from its own operations or the operations of any of its
contractors, agents or employees.
21. Effective Date and Termination. This Agreement
shall become effective and of full force and effect as of the date
(the "Effective Date") on which CFD No. 88-12 sells and issues the
Series 1991 Bonds. Should CFD No. 88-12 not sell the Series 1991
Bonds, this Agreement shall terminate and be of no further force
and effect.
22. Notice. Any notice, payment or instrument required
or permitted by this Agreement to be given or delivered to any
party or other person shall be deemed to have been received when
personally delivered or upon deposit of the same in the United
States Post Office, registered or certified, postage prepaid,
addressed as follows:
16
CITY:
Fiscal Agent:
CFD No. 88-12:
City Manager
City of Temecula
27403 Ynez Road, Suite 109
Temecula, California 92390
Security Pacific National Bank
333 South Beaudry Avenue (W24-30)
Los Angeles, California 90017
Community Facilities District
No. 88-12
County of Riverside
c/o Administrative Office
4080 Lemon Street, 12th Floor
Riverside, California 92501
Attn:
Community Facilities
District Administrator
Each party can change its address for delivery of notice
by delivering written notice of such change of address to the
other party within twenty (20) days of such change.
23. CITY's Designated Representative. The CITY hereby
designates the City Manager, or his/her designee(s), as the
Designated Representative for purpose of executing all Payment
Request Forms submitted to the Fiscal Agent.
24. Captions. Captions to Sections of this Agreement
are for convenience only and are not part of this Agreement.
25. Severability. If any portion of this Agreement is
declared by a court of competent jurisdiction to be invalid or
unenforceable, such portion shall be deemed severed from this
Agreement and the remaining parts shall remain in full effect as
though such invalid or unenforceable provision had not been a part
of this Agreement.
26. Entire Agreement. This Agreement contains the
entire agreement between the parties with respect to the matters
provided herein.
17
27. Amendments. This Agreement may be amended only by a
subsequent written agreement signed by all of the parties.
28. Exhibits. The following exhibits attached hereto
are incorporated into this Agreement by reference:
Exhibit Description
"A" Map of CFD No. 88-12
Boundaries
"B" Road Facilities and Budget
"C" Receipts and Disbursement.
Schedule
"D" Costs to be Reimbursed City
"E" Formation Costs to be
Reimbursed Property Owners
"F" Design and Engineering Costs to
be Reimbursed Property Owners
"G" Certificate of City
29. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed as of the date first above written.
COMMUNITY FACILITIES DISTRICT NO.
88-12 OF THE COUNTY OF RIVERSIDE
By:
Chairman of the Board of
Supervisors, Ex Officio the
Legislative Body of Community
Facilities District No. 88-12
of the County of Riverside
18
DATE:
ATTEST:
, 1991
By:
Clerk of the Board of
Supervisors, Ex Officio
the Legislative Body of
Community Facilities
District No. 88-12 of
the County of Riverside
CITY OF TEMECULA
DATE:
ATTEST:
, 1991
By:
Mayor
By:
City Clerk
Approved as to form:
By
City Attorney
TJD:ay/db
1/22/91
274a
19
EXHIBIT "E"
BILL OF SALE
For a valuable consideration, receipt of which is hereby
acknowledged Community Facilities District No. 87-1 of the County
of Riverside as SETteR, hereby bargains, conveys, and grants unto
the EASTERN MUNICIPAL WATER DISTRICT, a public agency of the State
of California, the following described personal property, such
conveyance to become effective upon the construction,
installation, and acceptance by the District of such personal
property as described below:
All EMWD (Water) Facilities financed and constructed by SET.v2R
pursuant to the "Joint Financing and Construction Agreement
Among Community Facilities District No. 87-1 of the County of
Riverside and Eastern Municipal Water District dated
SELLER hereby warrants that the above-described facilities are
free and clear of any and all encumbrances. In this regard SELT~R
hereby agrees to protect and defend the DISTRICT'S ownership
herein. SELLER further agrees to Indemnify the DISTRICT for any
and all loss which may be occasioned or suffered by the DISTRICT
as a result of any claims by others as to clear title to the
facilities covered hereby.
EXHIBIT "E"
Page i of 2
This Agreement is binding on the heirs, representatives,
successors, and assigns of the parties hereto.
Subscribed and sworn to
before me this day
of
19 .
Notary Public in and for
the State of California
Expiration Date
Firm Name:
By:
Date:
TO BE SIGNED UPON PROJECT COMPLETION ONLY
EXHIBIT "E"
Page 2 of 2
sff/AGR113438r
ACQUISITION AGREEMENT BETWEEN THE CITY OF
TEMECULA AND TOMOND PROPERTY, A
CALIFORNIA LIMITED PARTNERSHIP
THIS ACQUISITION AGREEMENT (the "Agreement") is
made and entered into as of , 1990 by and between
THE CITY OF TEMECULA, a municipal corporation ("City") and
TOMOND PROPERTIES, a California general partnership,
("Property Owner").
RECITALS
A. The Board of Supervisors ("Board") of the
County of Riverside ("County") adopted Resolution No. 89-449
("Resolution of Formation") on September 26, 1989 completing
proceedings for the formation of Community Facilities
District No. 88-12 (Ynez Corridor) ("CFD No. 88-12") pur-
suant to the Mello-Roos Community Facilities Act of 1982, as
amended, commencing at Section 53311 of the California
Government Code ("Act") as shown on the boundary map
attached hereto as Exhibit "A". CFD No. 88-12 was formed to
provide financing for the construction and acquisition of
certain public facilities which include certain road facil-
ities to be owned and maintained by City ("Road Facilities")
as depicted and enumerated in Exhibit "B" which is attached
hereto and incorporated herein.
-1-
sff/AGRl13438r
B. The proceedings to establish CFD No. 88-12
included a special election wherein the qualified electors
authorized bonded indebtedness in an aggregate principal
amount not to exceed $60,000,000 and authorized an annual
levy of a special tax (the "Special Tax") within CFD No.
88-12 to fund debt service on bonded indebtedness incurred.
C. Property Owner, prior to the adoption of
Resolution of Formation, constructed the Road Facilities,
which had been identified in Resolution No. 90-390 (the
"Resolution of Intention"), adopted by the Board on July 25,
1989, as facilities that CFD No. 88-12 would acquire on
behalf of City consistent with the appropriate sections of
the Act.
D. Prior to the construction of the Road Facili-
ties, City reviewed and approved the plans and specifica-
tions for the construction of the Road Facilities and
inspected said facilities during the course of their con-
struction.
E. CFD No. 88-12 presently anticipates the issu-
ance and sale of its Series 1991 Bonds (the "Series 1991
Bonds") in the principal amount of $12,869,193 in
February , 1991. The proceeds of the Series 1991 Bonds
will be used in part to acquire the Road Facilities on
behalf of City.
-2-
sff/AGRl13438r
AGREEMENT
NOW, THEREFORE, in consideration of the mutual
covenants hereinafter contained, the parties agree as
follows.
1. Sale of the Series 1991 Bonds and Use of the
Proceeds. CFD No. 88-12 will proceed with the issuance and
sale of the Series 1990 Bonds at such time and in such
amount as CFD No. 88-12 in its discretion, after consulta-
tion with the City regarding the Road Facilities, may deter-
mine is appropriate. The proceeds of the Series 1990 Bonds
will be used, in part, to acquire, on behalf of City, the
Road Facilities for the dollar amounts shown on Exhibit "B".
2. Completion of Road Facilities. Property Owner
will provide to City copies of the Notice of Completion that
it has caused to be recorded with the Office of the County
Recorder for the County of Riverside regarding the Road
Facilities. Property Owner shall provide to City copies of
all labor and material lien releases which it has received
from the contractors it retained to construct the Road
Facilities.
3. Acceptance. City agrees to accept title to,
and provide service through, the Road Facilities, subject to
certification by City that such Facilities have been com-
pleted in accordance with the plans and specifications and
provided that title to the Road Facilities is free of all
-3-
sff/AGR113438r
liens and encumbrances not otherwise acceptable to City. In
this regard, it is specifically understood and agreed that
City shall not be obligated to accept title or to operate
and maintain the Road Facilities until satisfactory final
inspection and testing thereof by the City has been
completed and all easement and deed documents have been
received by City.
4. Conveyance of Title. City shall cause to be
prepared those deeds or easements by which dedication or
transfer of title to City of the land or rights-of-way on
and over the property on which the Road Facilities are
constructed will be accomplished. Conveyance of title to
the City of said Road Facilities shall be free of all liens
and encumbrances except those easements and other matters of
record that will not interfere with the use or maintenance
of the Road Facilities.
5. Use of Road Facilities. Upon conveyance of
title to the Road Facilities and acceptance of ownership,
said Road Facilities shall become and remain the sole and
separate property of City and shall be operated, maintained
and utilized by City to serve the territory within CFD No.
88-12 and other lands pursuant to applicable City rules,
regulations, policies and procedures as they may be amended
from time to time by the City Council of the City.
-4-
sff/AGRll3438r
6. Maintenance. Prior to the transfer of
ownership of the Road Facilities to City, Property Owner
shall be responsible for their maintenance. Upon acceptance
of the Road Facilities by City, City shall be solely
responsible for the maintenance thereof and all rights,
duties and obligations of Property Owner for said
maintenance shall terminate.
7. No Obligations Assumed. Nothing herein shall
be construed as requiring CFD No. 88-12 to issue or sell the
Series 1991 Bonds pursuant to the Act or any other law or
regulation requiring the construction of the Road
Facilities.
8. Indemnification. Property Owner shall assume
the defense of, indemnify and hold harmless City and its
officers, employees and agents, and each and every one of
them, from and against all actions, damages, claims, losses
and expenses of every type and description to which they may
be subjected or put, by reason of, or resulting from, (i)
the actions of Property Owner required in the performance of
this Agreement and (ii) the design, engineering and
construction of the Road Facilities designed, engineered and
constructed by Property Owner; provided that, the actions,
damages, claims, losses and expenses covered by this
paragraph shall be those arising out of events which occur
during the period up to the acceptance of the Road
-5-
sff/AGR113438r
Facilities by City whether or not an action or claim is
filed by the date of acceptance of the Road Facilities; and
provided further that, nothing in this paragraph shall
limit, in any manner, City's rights against any of Property
Owner's architects or engineers. No provision of this
Agreement shall in any way limit the extent of the
responsibility of Property Owner for payment of damages
resulting from its own operations or the operations of any
of its agents or employees.
City shall assume the defense of, indemnify
and hold harmless Property Owner and its officers, employees
and agents, and each and every one of them, from and against
all actions, damages, claims, losses and expenses of every
type and description to which they may be subjected or put,
by reason of, or resulting from, the actions of City taken
in the performance of this Agreement and the operation and
maintenance of the Road Facilities from the date said
facilities are accepted by City. No provision of this
Agreement shall in any way limit the extent of the
responsibility of City for the payment of damages resulting
from its own operations or the operations of any of its
contractors, agents or employees.
9. Effective Date and Termination. This
Agreement shall become effective and of full force and
effect as of the date (the "Effective Date") on which CFD
-6-
sff/AGRl13438r
No. 88-12 sells and issues the Series 1990 Bonds. Should
CFD No. 88-12 be unable to sell the Series 1990 Bonds, this
Agreement shall terminate and be of no further force and
effect.
10. Notice. Any notice, payment or instrument
required or permitted by this Agreement to be given or
delivered to any party or other person shall be deemed to
have been received when personally delivered or upon deposit
of the same in the United States Post office, registered or
certified, postage prepaid, addressed as follows:
Property Owner: Tomond Properties
City:
City of Temecula
P.O. Box 3000
Temecula, California 92390
Attention: City Manager
Each party can change its address for delivery
of notice by delivering written notice of such change of
address to the other parties within twenty (20) days of such
change.
11. Captions. Captions to sections of the
Agreement are for convenience purposes only and are not part
of this Agreement.
12. Severabilitv. If any portion of this
Agreement is declared by a court of competent jurisdiction
-7-
sff/AGR113438r
to be invalid or unenforceable, such portion shall be deemed
severed from this Agreement and the remaining parts shall
remain in full effect as though such invalid or unenforce-
able provision had not been a part of this Agreement.
13. Successors and Assigns. This Agreement shall
be binding upon and inure to the benefit of the successors
and assigns of the parties hereto.
14. Entire Agreement. This Agreement contains the
entire agreement between the parties with respect to the
matters provided herein.
15. Amendments. This Agreement may be amended or
modified only in writing signed by all of the parties.
16. Rxhibits. The following exhibits attached
hereto are incorporated into this Agreement by reference.
Exhibit
wAw
wB~
Description
Boundary Map of CFD No. 88-12
Road Facilities Description and
Purchase Price
-8-
sff/AGR113438r
17. Counterparts. This Agreement may be executed
in counterparts, each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first above written.
CITY OF TEMECULA
By
Ron Parks, Mayor
ATTEST:
By
David F. Dixon, City Clerk
APPROVED AS TO FORM:
By:
Scott F. Field, City Attorney
TOMOND PROPERTIES, a California
general partnership
By
John C. Raymond,
Trustee of the John and Caroline
Raymond Family Trust Dated
September 26, 1984 General Partner
-9-
sff/AGR113438r
EXHIBIT
BOUNDARY MAP OF CFD NO. 88-12
-10-
sff/AGRl13438r
EXHIBIT "B#
ROAD FACILITIES DESCRIPTION AND PURCHASE PRICE
-11-
EXHIBIT B
COST SUMMARY FOR FACILITES TO BE ACQUIRED BY THE CITY OF TEMECULA
UNIT QUANTITY UNIT
ITEM if DESCRIPTION PRICE
I STREET FACILITIES L.S. I 767,520.66
2 STREET LIGHTS &UTILITIES L.S. I 259,040.()6
3 GRADING L.S. I 87,087,00
4 LANDSCAPING L,S. 1 62,109.63
GRAND TOTAL
COST
767,520.66
259,040.06
87,087.00
62,109.63
1,175,757.35
JN 04020-0505 Page I 15-Jan-91
EXHIBIT B
STREET FACILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA
UNIT QUANTTTY
ITEM # DESCRIFTION
STREET FACILITIES
I REMOVAL OF 77,385 S.F. L.S.
2 SUBGRADE - BALANCE & COMPACT S.F.
3 .28 AC OVER .89 CLASS II BASE S.F.
4 FOG SEAL S.F.
5 CURB & CROSS GUTTER &
SPANDREL GRADE W/6' BASE L.S.
6 TYPE °A" CURB & GUTrER L.F.
7 CROSS GUTTER & SPANDREL S.F.
8 SIDEWALK GRADE LS.
9 REFLECTORS TYPE "F" LS.
10 REMOVAL - EXTRA L.S.
11 INCREASED SECTION TO .36 AC
OVER .90 CLASS II
12 TRAFFIC CONTROL o EXTRA
13 AC & BASE - EXTRA
14 743TON CLASS II BASE
15 DUMP TRUCK
16 966 HAUL 14 LOADS
17 6° SIDEWALK W/RAMPS
18 24' RCP
19 18' RCP
20 14' CATCH BASIN
21 10' CATCH BAISN
22 28' CATCH BASIN
23 #1 MANHOLE
24 RIP RAP
25 CUT & REMOVE CONCRETE
26 LABORER WI TRUCK & TOOLS
27 416 BACKHOE
28 PLASTIC CEMENT
29 ONE TON TRUCK & EQUIPMENT
30 500C BACKHOE
31 PIPE & MATERIALS
32 3/4' CONDUIT, 100 FT. TRENCH
& BACKFILL FOR 110 POWER TO
PEDESTALS
33 TRAFRC CONTROL
34 24" RCP CLASS IV
35 54" RCP CLASS IV
35 54' RCP CLASS IV
37 MANHOLE #4
38 MANHOLE #1
LS.
L.S.
L.S.
L.S.
HR.
L.S.
S.F.
LF.
L.F.
EA.
EA.
EA.
EA.
LS.
LF,
HR.
HR.
EA.
HR.
HR.
L.S.
L.S.
L.S.
LF.
L.F.
L.F.
EA.
EA.
1
77,385
77,385
77,385
1
1,760
2,261
1
1
1
1
1
1
1
14
1
11,880
490
247
1
1
1
1
1
16
28
7
5
5
8
1
1
1
10
168
469
1
1
PRICE
35.550.00
0.10
1.19
0.02
3,700.00
6.50
2.75
800.00
200.00
5,500.00
13,766.00
6,754.00
8,700.00
5,201.00
50.00
1,120.00
2
39.37
3,600.00
4,000.00
5,750.00
2,400.00
500.00
11.00
7.00
25.00
55.10
565.00
2,500.00
39.37
118.00
94.00
5,100.00
2,400.00
COST
35,500.00
7,738.50
92,088.15
1,547.70
3,700.00
11,440.00
6,217.75
800.00
200.00
5,500.00
13,766.00
6,754.00
8,700.00
5,201.00
700.00
1,120.00
23,760.00
19,291.30
8,151.00
3,600.00
4,000.00
5,750.00
2,400.00
500.00
176.00
840.00
455.00
125.00
520.00
55.10
565.00
2,500.00
393.00
19,824.00
44,086.00
5,100.00
2,400.00
Jr,' 0_'020-OF, C~.r Page I 19-Dec-eg
EXHIBIT B
STREET FACILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA
UN~ QUANTITY
ITEM # DESCRIPTION
39 HEADWALL D-86B EA.
40 HEADWALL WI CUTOFF WALL EA.
41 BRICK & MORTAR PLUG EA.
42 EARTH CHANNEL L.F.
43 A.C. PAVING TON
44 54' RCP CLASS IV L.F.
45 LABOR HR.
46 HOE HR.
47 54" CROSSING SLURRY C.Y.
48 18° RCP L.F.
49 18" STUBOUT EA.
50 CONCRETE HEADWALLS EA.
51 CONCRETE APRON EA.
52 RCB 10x5 L.F.
53 REMOVE EXISTING HEADWALL EA.
54 REMOVE EXISTING WINGWALL EA.
55 EXCAVATION LS.
56 RIP RAP LS.
57 ASPHALT FOR RCB CROSSING L.S.
58 TRAFFIC CONTROL L.S.
59 BACKFILL CONCRETE BOX CULVERT L.S.
60 BASE MATERIAL LS.
61 RIP RAP LS.
62 WATERLINE RUN L.S.
63 REBUILD SLOPE BOX CULVERT L.S.
64 BACKFILL LS.
65 BOX CULVERT L.S.
66 450 DOZER HR.
67 416 BACKHOE HR.
68 BACKHOE HR.
INCIDENTALS
I ENGINEERING LS.
2 CONSULTANTS LS.
3 TESTING &STUDIES LS.
4 PROJECT ADMINISTRATION LS.
5 SUPERVISION L.S.
6 LETTER OF CREDIT FEES L.S.
7 STAKING LS.
1
1
1
40
45
37
6
2
227
20
1
2
1
300
2
2
UNIT
PRICE
13,700.00
4,100.00
200.00
9.50
68.00
118.00
30.00
29.15
· ITEMS 48-58
'ITEMS59-61
COST
13,700.00
4,100.00
2O0.00
380.OO
3,060.00
4,366.00
180,00
130.00
6,617.05
158,025.00
11,412.76
· iTB,4S 62-64 4,127.00
I 13,452.66 13,452.66
2 65.00 130.00
2 65.00 130.00
3 65.00 195.00
SUBTOTAL 565,704.97
I 42,039.64 42,039.64
I 20,730.03 20,730.03
1 22,717.97 22,717.97
I 61,514.16 61,514.16
I 8.711.24 8,711.24
I 22,796.96 22,796.96
I 23,305.48 23,305.48
SUBTOTAL 201,815.69
GRAND TOTAL 767,520.66
JN 04020-0505 Pa?e 2 19-Dec-93
EXHIBIT B
STREET LIGHTS & UTILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA
UNIT QUANTITY UNIT
ITEM # DESCRIPTION PRICE
UTILITIES
I TRENCHING LF. 3,114 3.45
2 5" CONDUIT L.F. 4,000 4.60
3 4" CONDUIT L.F. 335 4.40
4 3" CONDUIT L.F. 1,260 3.45
5 2"' CONDUIT L.F. 400 2.35
6 5'xl 0'6x7 PMH EA. 1 4,400.00
7 8x10 SLAB BOX EA. I 2,525.00
8 3xSx4 PB EA. 2 1,610.00
9 4'x4'6° TRANS PAD EA. I 665.00
10 13°x24"x12'' HH EA. 4 175.00
11 11"x17"x12" HH EA. I 110.00
12 TRENCHING NOT JOINT L.F. 350 3.45
13 4' GT-80 CONDUIT LF. 8,652 3.51
14 5~x,10'6"x6' MH EA. 5 4,431.00
15 3'x4'X5' PB EA. I 2,050.00
16 PORTABLE TOILET EA. 9 57.20
17 PORTABLE TOILET EA. I 57.30
18 INSTALLATION OF DETECTOR L.S. I 1,680.00
19 LABOR HR. 3 30.00
20 TRUCK & TOOLS HR. 3 20.00
21 MISC. COPPER FITRNG &PIPE LS. I 12.90
22 GTE MANHOLE L.S. I 6,966.00
23 416 BACKHOE HR. 17.0 65.00
24 PIPE L.F. 180 2.40
25 LABORERS W/TRUCK &TOOLS HR. 54.5 30.00
26 1 -TON TRUCK W/TOOLS HR. 36.5 25.00
27 WATER TRUCK HR. 9 50.00
28 STANDBY WELDER HR. 2 45.00
29 SPECIAL TEE WI 24' OUTLET EA. I 485.48
30 500C BACKHOE HR. 16 65.00
31 AIR COMPRESSOR HR. 6.5 15.00
32 REMOVE TOP 8'xl 0' SLAB BOX LS. 1 561.00
33 MATERIALS LS. 1 963.00
34 RANCHO WATER CHARGE L.S. I 77/1.29
35 GTE DEPOSIT LS. I 1,432.00
35 GTE RELOCATE LINES LS. I 14,421.00
37 RANCHO WATER METER DEPOSIT EA. 3 750.00
38 SO. CA. EDISON CHARGE LS. 1
39 SO. CA. EDISON DEPOSIT L.S. I 4,203.84
40 G.T.F_ CHARGE L.S. I 1,527.94
41 INSPECTION FOR RTAP SEWER L.S. I 24,860.00
42 PP INSPECTION FILING FEE L.S. I 45.00
COST
10,743.30
18,405.00
1,474.00
4,347.00
940.00
4,400.00
2,525.00
3,220.00
700.00
110.00
1,207.50
30,368.52
22,155.00
2,050.00
514.80
57.30
1,680.00
90.00
60.00
12.90
6,966.00
1,105.00
432.00
1,635.00
912.50
450.05
485.48
1,040.00
97.50
561.00
7,771.29
1,432.00
14,421.00
2,250.00
8,333.68
4,203.84
1,527.94
14,457.79
45.00
JN 0~020-0505 Page 1 19-Dec-g0
EXHIBIT B
STREET LIGHTS & UTILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA
UNIT QUANTITY UNIT
'ITEM # DESCRIPTION PRICE
43 FINAL MAP CHECKING FEE LS. I 1,828.25
44 RANCHO WATER INSPECTION FEE LS. I 600.00
45 EASTERN DISTRICT INSPECT. FEE LS. I 750.00
46 GRADING REVIEW L.S. I 165.00
47 RIVERSIDE COUNTY FEE LS. I 400.00
48 RIVERSIDE COUNTY INSPECTION LS. I 27,749.00
49 PM 23354 FEE LS. I 15.00
50 DEPT. FISH &GAME FEE LS. I 125.00
51 RIVERSIDE COUNTY FEE LS. I 115.00
SUBTOTAL
INCIDENTALS
I ENGINEERING LS. I 10,770.18
2 CONSULTANTS LS. I 5,636.88
3 TESTING & STUDIES L.S. I 5,598.94
4 PROJECT ADMINISTRATION LS. I 16,068.36
5 SUPERVISION LS. 1 2,275.50
6 LETTER OF CREDIT FEES LS. I 5,954.89
7 STAKING LS. 1 6,087.72
SUBTOTAL
GRAND TOTAL
COST
1,828.25
600.00
750.00
165.00
400.00
27,749.00
15.00
125.00
115.00
206,647.59
10,770.18
5,636.88
5,598.94
16,068.36
2,275.50
5,954.89
6,087.72
52,392-47
259,040.06
,1~ 0~O?O-O50E Pa~e 2 1P-De~-gD
EXHIBIT B
GRADING & LANDSCAPING TO BE ACQUIRED BY THE CITY OF TEMECULA
ITEM l' DESCRIFTION
GRADING
I ROUGH GRADE
LANDSCAPING
2
3
4
5
6
7
LANDSCAPING
GRADING & LANDSCAPE PREP.
LANDSCAPE ARCHITECTURE
PINUS CANARIENSIS
PLANTAN U S ACERI FOLIA
SALES TAX
UNIT QUAN'ITFY' UNIT
PRICE
L.S. I
LS.
L.S,
LF,
EA,
EA.
LS.
87,087.00
SUBTOTAL
COST
87,087.00
87,087.00
I 40,771.8.5 40,771.85
I 20,133.00 20,133.00
I 402.83 402.83
I 114.00 114.00
6 106.50 639.00
I 48.95 48.95
S U BTOTA L 62,109.63
GRAND TOTAL 149,196.63
JN 04020-0505 Page 1 19-Dec-90
ITEM NO.
17
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
MEETING DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY
FEBRUARY 12, 1991
AMENDMENT TO DISASTER RELIEF ORDINANCE
RECOMMENDATION: That the City Council introduce and approve the first reading of the
Ordinance:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 2.20, 'DISASTER RELIEF,'
OF THE TEMECULA MUNICIPAL CODE BY THE ADDITION OF A
DISASTER COUNCIL, ESTABLISHING THE POWERS AND
DUTIES THEREOF, AND AMENDING DEFINITIONS AND
PENAL TIES."
DISCUSSION: We have learned from the Governor's Office of Emergency
Assistance, ("OES") that certain amendments are needed to the City's disaster
relief provisions within its Municipal Code. OES's suggested amendments will help
clarify the organizational structure for both preparing disaster plans and responding
to actual disasters. After reviewing the recommended revisions from OES, and
determining that they have merit, I have made the revisions requested.
Primarily the changes requested by OES create a local Disaster Council. This
Council will be responsible for preparation of the local disaster plan and developing
mutual aid agreements and other items necessary to adequately plan for disaster
situations. In addition, the ordinance was further amended to reflect a change in
the penalties for violations of the ordinance to be consistent with language in the
Municipal Code and State law.
FISCAL IMPACT:
Minimal at this time in that the amendments to this
ordinance reflect formalization of the current informal
planning process.
ATTACHMENTS: - The subject ordinance.
ORDINANCE NO. 91-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMF~NDING CHAPTER 2.20, "DISASTER RELIEF" OF
THE TEMECULA MUNICIPAL CODE BY THE ADDITION OF A
DISASTER COUNCIL, ESTABLISHING THE POWERS AND DUTIES
THEREOF, AND AMENDING DEFINITIONS AND PENALTIES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 2.20, "Disaster Relief," of the Temecula Municipal
Code is hereby mended to read as follows:
"Chapter 2.20
DISASTER RELIEF
Sections:
2.20.010
2.20.020
2.20.025
2.20.026
2.20.030
2.20.040
2.20.050
2.20.060
2.20.070
2.20.080
2.20.090
2.20.100
2.20.110
2.20.120
2.20.180
2.20.190
2.20.200
2.20.210
2.20.220
2.20,230
General Purposes.
Definitions.
Disaster Council Established, Membership.
Disaster Council Powers and Duties.
Disaster Corps.
Disaster Corps -- Activation.
Disaster Director.
Disaster Director -- Powers and Duties.
Office of Disaster Preparedness.
Powers on Succession.
Orders by Members of Disaster Corps.
Line of Succession for Council Members.
Emergency Operating Centers.
Prohibited Acts During Emergencies.
Proclamation of Emergency -- Determination -- Authority.
Proclamation of Emergency -- Effective When -- Term.
Proclamation of Emergency -- Rules and Regulations -- Powers of
Disaster Director.
Requisition of Equipment or Personnel.
Termination of Emergency.
Penalty for Violation.
2.20.010 General purposes. The purpose of this chapter is to provide for the
preparation and carrying out of plans for the protection of persons and property within the
City in the event of the emergency or disaster conditions hereinafter referred to; the direction
of the disaster organization; and the coordination of the disaster functions of the City with
the County and with all other public agencies, corporations, organizations, and affected
private persons.
2.20.020 Definitions. As used in this chapter:
(a) "State of war emergency" means the condition which exists
immediately, with or without a proclamation thereof by the Governor, whenever this State or
nation is attacked by an enemy of the United States, or upon receipt by the State of a
warning from the federal government indicating that such an enemy attack is probable or
imminent.
(b) "State of emergency" means the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of persons and property within the
State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought,
sudden and severe energy shortage, plant or animal infestation or disease, the Governor's
warning of an earthquake or volcanic prediction, or an earthquake or other conditions, other
than conditions resulting from a labor controversy or conditions causing a "state of war
emergency," which conditions, by reason of the magnitude, are or are likely to be beyond
the control of the services, personnel, equipment, and facilities of any single county, city and
county, or city and require the combined forces of a mutual aid region or regions to combat,
or with respect to regulated energy utilities, a sudden and severe energy shortage requires
extra ordinary measures beyond the authority vested in the California Public Utilities
Commission.
(c) "Local emergency" means the duly proclaimed existence of conditions
of disaster or of extreme peril to the safety of persons and property within the territorial
limits of a county, city and county, or city caused by such conditions as air pollution, fire,
flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal
infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or
other conditions, other than conditions resulting from a labor controversy, which conditions
are or are likely to be beyond the control of the services, personnel, equipment, and facilities
of that political subdivision and require the combined forces of other political subdivisions to
combat, or with respect to regulated energy utilities, a sudden and severe energy shortage
requires extraordinary measures beyond the authority vested in the California Public Utilities
Commission.
(d) Other terms used herein shall have meanings as used in the California
Emergency Services Act.
2
2.20.025 Disaster Council Established. Membership. The City of Temecula
Disaster Council is hereby created and established and shall consist of the following
individuals:
(1) The City Manager, who shall be the Chair of the Council;
(2) The Coordinator of the Office of Emergency Services, who shall
be designated by the City Manager and who shall serve as Vice-Chair of the Council;
(3) Such chiefs of emergency services as are provided for in a
current emergency plan of this City, adopted pursuant to this Chapter;
(4) Such representatives of civic, business, labor, veterans,
professional, or the organizations having an official emergency responsibility, as may be
appointed by the Coordinator of the Office of Emergency Services with the advice and
consent of the City Council.
2.20.026 Disaster Council Powers and Duties. It shall be the duty of the City of
Temecula Disaster Council, and it is hereby empowered, to develop and recommend for
adoption by the City Council, emergency and mutual aid plans and agreements and such
ordinances and resolutions and rules and regulations as are necessary to implement such
plans and agreements. The Disaster Council shall meet upon the call of the Council's Chair
or in the Chair's absence from the City or inability to call such meeting, upon the call of the
Council's Vice-Chair.
2.20.030 Disaster Corps. The City disaster corps consists of all officers and
employees of the City and its agencies, together with all volunteers and all groups, orga-
nizations and persons commandeered under the provisions of the California Emergency
Services Act and this chapter, with all equipment and material publicly owned, volunteered,
commandeered or in any way under the control of the aforementioned personnel, for the
support of the aforementioned personnel in the conduct of disaster operations. The disaster
corps shall be composed of such elements as are provided for in the disaster operations plan
of the City. The officers of the City shall have the authority and duty to plan for
mobilization, operation and support of that segment of the disaster corps for which each is
responsible as provided for in the disaster operations plan of the City, and to conduct the
activities thereof.
2.20,040 Disaster Corps -- Activation. The disaster corps shall be activated and
shall function as a disaster relief body, only:
(a) Upon the existence of a "state of war emergency";
3
(b) Upon the declaration by the Governor of the state, or of persons
authorized to act in his stead, of a "state of emergency" affecting and including the City;
(c) Upon the declaration of a "local emergency" by the Board of
Supervisors of Orange County, or by persons authorized to act in its stead, affecting and
including the City; or
(d) Upon the declaration of a "local emergency" by the City Council of the
City, or by persons herein authorized to act in its stead.
2.20.050 Disaster Director. The City Manager shall be the disaster director. In
the City Manager's absence or inability to act the City Manager shall automatically be
succeeded as disaster director by the officials and persons named for this purpose, and in the
order specified, in the disaster operations plan of the City.
2.20.060 Disaster Director -- Powers and Duties. The disaster director shall
have the following powers and duties:
(a) To make key appointments, and to make all other appointments or
delegate the making of the same, within the disaster corps;
(b) To request the City Council to proclaim the existence of a "local
emergency" if said Council is in session, or to issue such proclamation if said Council is not
in session. Whenever a "local emergency" is proclaimed by the director, the City Council
shall take action to ratify the proclamation within seven days thereafter or the proclamation
shall have no further force or effect. The City Council shall review the necessity for
continuing the "local emergency" no less frequen~y than every fourteen days until the
emergency is terminated;
(c) During the existence of a "state of war emergency", or the proclaimed
existence of a "state of emergency" or a "local emergency" affecting the City, to:
(1) Control and direct the activities of the City disaster corps;
(2) Use all City resources for the preservation of life and property
and to reduce the effects of disaster;
(3)
in disaster operations;
Resolve questions of authority and responsibility that may arise
(4) Obtain vital supplies, equipment and other resources needed for
the preservation of life and property by either binding the City for the fair value thereof or
by commandeering the same;
4
(5) Delegate to elected and appointed officials of the City such
duties and authorities as he deems necessary;
(6) Make and issue rules and regulations on matters reasonably
related to the protection of life and property as affected by any condition proclaimed an
emergency as provided herein;
(7) Require performance of emergency services by any City officer
or employee and to command the aid of as many citizens of the City has he thinks necessary
in the execution of his duties; and
(8) Exercise complete authority over the City and to exercise all
police power vested in the City by the Constitution and general laws;
(d) In addition to the powers granted herein, the director shall have such
powers incidental to the performance of his duties as shall be necessary to allow him to carry
out the disaster operations plan of the City, it being the intent of this Chapter that the
enumerated powers herein are not limitations upon his powers.
2.20.070 Office of Disaster Preparedness. There is created the City Office of
Disaster Preparedness, which shall consist 0f such positions as may be established by the
City Manager.
2.20.080 Powers of Succession. Each person who shall succeed to each position
or office as provided herein, and as provided in the disaster operations plan of the City shall
succeed to all the powers and duties of the office succeeded to immediately upon such
succession.
2.20.090 Orders By Members Of Disaster Corps. During the existence of a
"state of war emergency" or of a proclaimed "state of emergency" or "local emergency"
affecting the City, each member of the City disaster corps shall have authority to require that
all persons shall follow reasonable orders given by him within the scope of his functions in
order to execute the disaster operations plan of the City, and the willful failure of any person
to follow such reasonable order or orders is a misdemeanor.
2.20.100 Line Of Succession For Council Members. The line of succession for
the position of Mayor during a state of emergency, war emergency, local emergency or other
condition of disaster, unless otherwise ordered by the City Council, shall be Mayor pro
tempore followed by the remaining City Council members in the order of their seniority,
excluding standby successors who may have been appointed pursuant to Section 8638 of the
Government Code of the State.
5
2.20.110 Emergency Operating Centers. Unless exigencies render the same
impossible or unduly hazardous to safety, two emergency operating centers shall normally be
maintained within the City; one of these at the City Hall, and the other at the police
headquarters.
2.20.120 Prohibited Acts During Emergencies. It is a criminal act and a
misdemeanor for any person during a state of emergency, war emergency, local emergency
or other condition of disaster:
(a) To willfully obstruct, hinder or delay any member of the City disaster
corps in the enforcement of any law or lawful rule, regulation or order issued pursuant to
this chapter, or in the performance of any duty imposed upon such disaster corps member by
virtue of this chapter;
(b) To do any act forbidden by any lawful rule, regulation or order issued
pursuant to this chapter if such is of such a nature as to give, or be likely to give assistance
to the enemy, or to imperil life or property, or to prevent, hinder or delay the defense or
protection of persons or property; or
(c) To wear, carry or display, without authority, any means of
identification specified by the emergency services of disaster or civil defense agencies of the
federal or state governments.
2.20.180 Proclamation Of Emergency -- Determination -- Authority. Whenever
riots, general civil disobedience, multiple law violations or the threat of the same occur in
the City, the disaster director, or in the event of his inability to act, the chief of police, may
determine that a local emergency exists. At such time the disaster director shall forthwith
proclaim in writing the existence of a state of local emergency. He shall cause widespread
publicity and notice to be given to such proclamation.
2.20.190 Proclamation Of Emergency -- Effective When -- Term. The
proclamation of local emergency provided herein shall become effective immediately upon its
issuance and shall be disseminated to the public by appropriate news media. Such a state of
local emergency shall exist from the time the proclamation of emergency is issued until such
time as it is similarly and duly terminated by the disaster director.
2.20.200 Proclamation Of Emergency -- Rules And Regulations -- Powers Of
Disaster Director. After the issuance of a proclamation of local emergency the disaster
director shall have the power to make, issue and enforce rules and regulations on matters
reasonably related to the protection of life and property as affected by said emergency;
provided, however, such rules and regulations shall be confirmed as soon as practicable by
the City Council. In addition to those powers and duties set forth in Section 2.20.060, the
disaster director is granted, but shall not be limited to, the following powers:
(a) CURFEW. The disaster director may order a general curfew
applicable to the entire City or such geographical areas thereof as he deems necessary to
protect the public health, safety, welfare and morals.
As used herein "curfew" means a prohibition against any person or
persons walking, running, loitering, standing, riding or toototing upon any alley, street,
highway, public property or private property except as authorized by the owner, lessee or
person in charge of such private property. Persons officially delegated to duty with reference
to such civil emergency and representatives of news media, physicians, nurses, ambulance
operators performing medical services, utility personnel maintaining essential public services,
firemen and law enforcement officers and other such personnel as well as those specifically
authorized to duty by duly delegated authority are exempted from the foregoing curfew
requirements;
(b) BUSINESS CLOSING. The disaster director may order the closing of
any business establishments anywhere within the City, such businesses to include but not be
limited to those selling alcoholic beverages, gasoline or firearms;
(c) ALCOHOLIC BEVERAGES. The disaster director may order that no
person shall consume any alcoholic beverages in a public street or place which is publicly
owned or in any other public or private area on which the consumption of such alcoholic
beverages shall be found by the disaster director, on just cause, to precipitate a clear and
present danger to the well-being of the community during the emergency;
(d) WEAPONS. The disaster director may order that no persons shall
carry or possess any gun, bomb, fire bomb, knife, rock or other such weapon or item, the
use of which would tend to inflict great bodily harm on persons or damage to property;
(e) CLOSED AREAS. The disaster director may designate any public
street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic
during the course of such an emergency.
The foregoing specific authorizations of authority vested in the disaster
director and other such authorizations as may be deemed necessary during such emergencies
are declared to be imminently necessary for the protection of life and property during such
period.
2.20.210 Requisition Of Equipment Or Personnel. Once a proclamation of
emergency is issued, the disaster director may request from the Governor all necessary
assistance, requisition necessary personnel or materials from any City department or other
source, control and direct all City personnel and equipment, obtain vital supplies and such
other properties found lacking and needed for the protection of life and property, and bind
the City for the fair value thereof, and if required, commandeer immediately such property,
equipment and personnel necessary for the public use during the term of the emergency.
7
The disaster director may also require emergency services of any City official
or employee and may command the aid of as many citizens of this City as he determines to
be necessary in the execution of his duties. Such person shall be enti~ed to all privileges,
benefits and immunities as are provided by State or local law for registered civil defense and
disaster worker volunteers.
2.20.220 Termination Of Emergency. Any state of local emergency proclaimed
in accordance with the provisions of this chapter shall terminate after forty-eight hours from
the issuance thereof or upon the issuance of a proclamation terminating the emergency by the
disaster director, whichever occurs first; provided, however, that such emergencies may be
extended for additional periods of time as deemed necessary by the disaster director.
2.20.230 Penalty For Violation. Any person violating any provision of this
Chapter or any executive order issued pursuant thereto is guilty of a misdemeanor and
subject to punishment in accordance with Section 1.01.230 of this Code. It shall also be a
misdemeanor, subject to punishment in accordance with Section 1.01.230 of this Code, for
any person during an emergency, to:
(1) Willfully obstruct, hinder, or delay any member of the emergency
organization in the enforcement of any lawful rule or regulation issued pursuant to this
Chapter, or in the performance of any duty imposed upon him by virtue of this Chapter.
(2) Do any act forbidden by any lawful rule or regulation issued pursuant
to this Chapter, if such act is of such a nature as to give or be likely to give assistance to the
enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or
delay the defense or protection thereof.
(3) Wear, carry, or display, without authority, any means of identification
specified by the emergency agency of the State."
SECTION 2. SEVERABILITY. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid,
such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 3. This Ordinance shall be in full force and effect thirty days after
its passage. A summary of this Ordinance shall be published in a newspaper published and
circulated in said City at least five (5) days prior to the City Council meeting at which the
proposed Ordinance is to be adopted. A certified copy of the full text of the proposed
Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council members voting for and
against the Ordinance shall be published again, and the City Clerk shall post a certified copy
of the full text of such adopted Ordinance.
PASSED, APPROVED AND ADOPTED this day of
,1991.
AT'FEST:
Ronald J. Parks, Mayor
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 90-_ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the __ day of , 1991, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the __
day of , 1991, by the following vote, to wit:
COUNCILMEMBERS:
NOES:
C OUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED AS TO FORM:
June S. Greek, City Clerk
Scott F. Field, City Attorney
9
CALL TO ORDER:
ROLL CALL:
PRESENTATIONS/
PRO CLA MA TIONS
A GENDA
TEMECULA COMMUNITY SERVICES DISTRICT
A REGULAR MEETING
FEBRUARY 12, 1991
Birdsall, Lindemans, Moore, Parks, Mu~oz
PUBLIC COMMENTS
CSD BUSINESS
1. Minutes
RECOMMENDATION:
1.1 Approve the minutes of January 22, 1991, as mailed.
Parks and Recreation Master Plan
RECOMMENDATION:
2.1
Authorize the Landscape Architecture firm of Purkiss-Rose to
develop the city-wide Parks and Recreation Master Plan, which
will be the Parks and Recreation element of the City's General
Plan.
COMMUNITY SERVICES DIRECTOR REPORT
BOARD OF DIRECTORS REPORTS
ADJOURNMENT
Next meeting:
February 26, 1991, 8:00 PM, Temporary Temecula Community
Center, 27475 Commerce Center Drive, Temecula, California
ITEM NO. 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
HELD JANUARY 22, 1991
A regular meeting of the Temecula Community Services District was called to order
at 8:50 PM.
PRESENT: 4 DIRECTORS:
Lindemans, Moore, Parks, Mu~oz
ABSENT: 1 DIRECTORS: Birdsall
Also present were City Manger David F. Dixon, City Attorney Scott F. Field and June
S. Greek, Deputy City Clerk.
PUBLIC COMMENTS
None given.
CSD BUSINESS
1. Minutes
It was moved by Director Lindemans, seconded by Director Parks to approve
the minutes of January 8, 1991, as mailed.
The motion was carried by the following vote:
AYES: 4 DIRECTORS:
NOES: 0 DIRECTORS:
ABSENT: I DIRECTORS:
Mid-year Budflet Review
Lindemans, Moore, Parks, Mu~oz
None
Birdsall
Finance Officer Mary Jane Henry introduced the staff report.
Shawn Nelson, Director of Community Services, reported that the Mid-year
Budget was unanimously approved by the Parks and Recreation Commission.
Councilmember Lindemans asked why the beginning balance for the CSD had
been adjusted down. Mary Jane Henry explained the original figure was only
an estimate, and the figure before Council is the actual balance.
4/MinuteslO 12291 - 1 - 01/28/91
CSD Minutes January 22, 1991
Director Parks asked if the County agrees with the fund balance. Ms, Henry
stated the County has not responded as to whether it agrees or disagrees.
City Manager Dixon stated staff is working toward having these funds released
by the County.
President Mu~oz suggested a call to the County from both the Mayor and from
himself, acting as President of the Community Services District might be
effective.
It was moved by Director Parks, seconded by Director Moore to adopt a
resolution to amend the annual operating budget of the Temecula Community
Services District for the Year 1990-91 entitled:
RESOLUTION NO. CSD 91-01
A RESOLUTION OF THE TEMECULA COMMUNITY SERVICES DISTRICT
AMENDING THE FISCAL YEAR 1990-91 ANNUAL BUDGET FOR
CHANGES IN ESTIMA TED REVENUES AND APPROPRIATIONS.
The motion was carried by the following vote:
AYES: 4 DIRECTORS:
NOES: 0 DIRECTORS:
ABSENT: 1 DIRECTORS:
Lindemans, Moore, Parks, Mu~oz
None
Birdsall
Sports Park Restroom/Snack Bar Project
Shawn Nelson, Director of Community Services, introduced the staff report.
It was moved by Director Parks, seconded by Director Moore to:
3.1
3.2
3.3
Approve the Sports Park Restroom/Snack Bar Project;
Authorize RBA Architects to prepare plans and specifications;
Authorize staff to advertise for formal bids on this project.
4/Minutes/012291 -2- 01/28/9 !
CSD Minutes January 22, 1991
The motion was carried by the following vote:
AYES: 4 DIRECTORS: Lindemans, Moore, Parks, Mu~oz
e
NOES: 0 DIRECTORS: None
ABSENT: I DIRECTORS: Birdsall
iq ward Contract for Sports Park Ballfield Lighting Project- Phase One
Director of Community Services Shawn Nelson introduced the staff report.
It was moved by Director Parks, seconded by Director Lindemans to award
construction contract for Phase One of the Sports Park Ballfield Lighting project
to Assured Electrical, Inc.
The motion was carried by the following vote:
AYES: 4 DIRECTORS:
NOES: 0 DIRECTORS:
ABSENT: I DIRECTORS:
l a Serena Park
Lindemans, Moore, Parks, Mu~oz
None
Birdsall
Shawn Nelson, Director of Community Services, introduced the staff report.
Director Lindemans stated he met with staff on this project and feels that if the
developer makes this property available and it will benefit the community and
that Quimby Fee credits should be received.
City Manager Dixon suggested that the Board direct staff to work with the
developer to negotiate some Quimby Fee credit for this project.
It was moved by Director Parks, seconded by Director Moore to accept
donation of this 13.2 acre property (2.5 acres developed) on La Serena Way
and approve development improvements to park area. Improvements include
installing concrete split-rail perimeter fencing, creating two sand areas, and
installing playground equipment to those sand areas, and further to direct staff
to evaluate Quimby fees and credit given.
4/Minutes/012291 -3- 01/28/91
CSD Minutes
The motion was carried by the following vote:
AYES: 4 DIRECTORS:
NOES: 0 DIRECTORS:
ABSENT: 1 DIRECTORS:
January 22, 1991
Lindemans, Moore, Parks, Mu~oz
None
Birdsall
COMMUNITY SERVICES DIRECTOR REPORT
Shawn Nelson, Director of Community Services reported that staff will be screening
the final four consultants for the Parks and Recreation Master Plan, and a
recommendation will be coming to the Board on February 12, 1991,
Mr. Nelson stated that the Phase Two Lighting Project will be advertised for bids on
February 1, 1991.
CITY ATTORNEY REPORT
None given.
DIRECTORS REPORTS
None given.
ADJOURNMENT
It was moved by Director Moore, seconded by Director Lindemans to adjourn at 9:15
PM to a meeting on February 12, 1991, at 8:00 PM, at the Temporary Temecula
Community Center. The motion was unanimously carried with Director Birdsall
absent.
ATTEST:
June S. Greek, Deputy City Clerk
Sal Mu~oz, President
4/Minutesl012291 -4- 01/28/91
ITEM NO.
2
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA A GENDA REPORT
BOARD OF DIRECTORS
DAVID F. DIXON
FEBRUARY 12, 1991
PARKS AND RECREATION MASTER PLAN
PREPARED B~
SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR
RECOMMENDATION: That the Board of Directors:
Authorize the Landscape Architecture Firm of Purkiss-Rose
to develop the city-wide Parks and Recreation Master Plan, which will be the Parks
and Recreation Element to the City's General Plan.
FISCAL IMPACT: The development of the master plan will not exceed
$68,000. This amount has already been budgeted and approved by the Board of
Directors in account//019-190-5248.
DISCUSSION: The purpose of developing a parks and recreation master
plan is to identify the existing conditions of the City, develop acceptable park
standards, project future population increases, identify future capital development
projects, develop financing strategies, and identify project priorities. The intent is to
develop a functional document that will define an orderly process to address the
capital development and recreation needs of the City of Temecula.
Purkiss-Rose will develop a twenty (20) year master plan, with a five (5) year capital
improvement plan (CIP). This approach will not only serve as a tool for long range
planning, but it will also develop short range objectives through the five (5) year CIP.
This extensive planning document will be the Parks and Recreation Element to the
City's General Plan.
A Parks and Recreation Master Plan Technical Sub-Committee will be formed with
representatives from the Temecula Sports Council, Temecula Valley Unified School
District, cultural and theatrical groups, and special event organizations. A member of
the Parks and Recreation Commission will chair the Technical Sub-Committee. The
objective is to have 10 to 15 members on the Master Plan Technical Sub-Committee
that cover a broad spectrum of recreation interests, as well as interfacing with the
General Plan Coordinating Committee.
Telephone surveys and public hearings will be involved in the development of the
planning document to ensure a high level of community participation. The final
document will be approved by the Parks and Recreation Commission, the Planning
Commission, and the Board of Directors. It is projected that the final document will
be completed within six (6) months from the beginning date.
Enclosed is a copy of the scope of work associated with the development of the
master plan for your review.
FE3 Q? '91 11:05 906 PEI2
PIJRK I SS-ROSE
·
.rose
February 7, 1991
~'.
Gary King
Park Development Coordinator
43172 Business Park Drive
Temecula, CA 92390
Subject: Proposal for the 20 year Parks and Recreation Master Plan for the
City of Temecula
Dear Gary:
,,1, ~l~.)~i',
Enclosed please find the scope of services to provide professional services
to develop the Master Plan. We look forward to beginning the process and
learning more of the history of Temecula.
As we discussed the conceptual design of the four park sites is a "broad
brush" approach. If more indepth design or public input is required, we can
review our fees and time allotted to produce that product.
The fee for the guidelines utilizes the Riverside County Guidelines. We
propose to customize the context especially for Teme~:ula, retype and do new
graphics as applicable. We would be glad to provide only those services
requested. We shall intergrate important design and horticultural elements
which may not be in the Riverside County Guidelines.
Please call to let me know when we can schedule to start the project.
Sincerely, /~ -,~
Stephah'~D, Rose
Landscape Architect, A.S.L.A.
SR/hs
Landscape Architecture
2! ~ .NOrth l!ar~or Boulevard
Fu]lertOn. CalifO/nta
FAX (714} 87~ .!1~8
(7~.~! 87L3638
~ ~B ~J'/' '~111: Ub HU~',K. 155-W, USh '~Wb H~J3
SCOPE OF WORK
The scope of work describes in detail by task our work plan to devetope the
Master Plan for the Temecula Community Services District. Development of the
Master Plan will be divided into three separate phases with distinct tasks
in each phase: Research and Analysis; Planning; Implementation Plan. The
study is a 20 year Master Plan with a 5 year capital improvement plan.
PHASE I. RESEARCH AND ANALYSIS
The goal of this phase is to develop a credible data base and
perform a thorough analysis that will support any policy statements.
A. Project Definition/Orientation
1. The consultant team will meet with staff to discuss potential
issues, develop a list of contacts, review the status and material
of any existing Plans, acquire past relevant studies and finalize
the project schedule.
2. Coordination with the City of Temecula and appropriate agencies to
exchange information and direction.
3. The consultant will seek an understanding of staffs and the
Commission's perceptions of the community's recreational needs, the
arrangement with any shared facilities, of the relationship with
the School District of the current and future budgets and policy
objectives.
B. Research and Fact Finding
1. Inventory of Existing Recreation Programs and Facilities Review and
Update
a. Purkiss-Rose/Alfred Gobar staff will tour existing parks and
recreation facilities owned and/or operated by the District and
other government entities and review current programming
practices. This review would include (but not be limited to)
District facilities, public school facilities and county recreation
areas (if any}. Trail elements will be identified.
b. The consultants will inventory all existing and proposed
recreation facilities and programs operated by non-profit and
for-profit concerns located within the District and adjacent
communities.
FEB ~? '91 11:06 PURKISS-ROSE ~ n~
This review would include (but not be limited to) such team
sports sponsored by church and charity groups, Little League,
Pop Warner and AYSO, youth groups such as scouting, adult sports
organization such as tavern softball leagues, community volley-
ball and basketball, YMCA's and YWCA~s, and commercial estab-
lishments such as health clubs, ice and roller skating rinks,
bowling alleys, Karate clubs, dance studios, and golf courses.
c. The consultants will identify facilities and programs provided
outside of the District which serves local residents. Conversely,
the consultants will also determine which facilities are serving
outside residents.
d. The consultants will question personnel from organizations and
workshops to obtain attendance and membership figures, profile
participants (e.g., age, residence, length of involvement) and
determine the cost to participate.
e. The consultants will list available and unavailable recreation
services and facilities. Any "gaps"in the recreation menu
identified with receive special attention during the demand
analysis.
C. Available Land Inventory/Analysis
The consultants will gain information from the previous plan study,
city and county of availability of land in the area. Once the
survey of recreation needs is completed, service radius fo~
existing park studies and acreage per 1000 defined, we can better
understand any land deficiencies and their locations. This
information will be utilized in the planning and implementation
phase of the Master Plan. The priorities for land acquisition will
also become a major element in the Capital Improvement Plan for the
district. Flood plans, basins and all non-buildable sites will be
reviewed for park application.
O. Economic Analysis
The purpose of economic analysis in relationship to parks and
recreation planning is essentially to define demand in terms of
participation in recreation activities by the residents of the
District and the number and type of facilities and programs
required to meet these demands. The economic analysis will also
address the issue of funding alternatives for the recommended
capital improvements along with projections of maintenance and
operation costs for the proposed plan.
FEB 07 ~91 11:0~ PURKISS-ROSE 906 P05
1. Soc~o-Demograph~c Anal~s~s and Pro~ect~ons
a. The Consultants will review and analyze existing data regarding
the City's current population base - provided by one of several
summary tape processing centers such as Urban Decision Systems,
Inc. Due to the lack of definite definitive data for the City
of Temecula until the 1990 Census figures become available, the
Consultants will also draw upon postal service records, school
enrollment figures, data from the Riverside County Planning
Department, and any other information available from City
sources. In addition, the Consultants will interview the City's
Planning Department and major developers with commitments to
develope within the service area to define the extent and timing
of future population growth. This evaluation will provide
estimates of the current population base and projections of
future growth in five-year increments for the next 20-year
period. Demographic data regarding age, household size, and
income characteristics will be gathered in the telephone survey
described below. These data will be analyzed in order to
identify special populations such as seniors, teens,
preschoolors, etc. Sub-area breakdowns will be developed where
deemed appropriate or necessary.
2. Survey of Recreation Needs
a. The Consultants recommends random telephone interviewing as a
means of determining the specific demand coefficients as they
apply to Temecula. This survey technique is the most effective
method to generate unbiased, detailed and accurate data
regarding the true demand for recreation facilities and
programs. All of the other methods, while they may provide a
broader sample or more in-depth attitudinal information, generate
an unacceptable amount of bias which renders any attempt at
defining participation rates based on their results tenuous at
best. By using a statistically random sampling technique
accurate estimates of the proportion of the population base that
participates in each of the activities being analyzed can be
obtained. Telephone interviewing allows for a more precise
definition of the participation rates of the household members
than can be obtained by means of a self-administered
questionnaire such as in a mail survey. While the primary
purpose of the survey will be to determine the participation
rates on which to base the needs analysis, additional
information regarding current usage patterns, use of private
versus public parks, scheduling or maintenance problems, and
perceived needs for both facilities and programs can also be
addressed and analyzed. The Consultants will prepare a survey
questionnaire which will be used in the telephone survey to
obtain information regarding the participation profiles of the
residents of Upland specific to at least 25 to 30 types of
recreation activities. Additional questions will address the
resident's current park usage and perceived needs.
FEB OT ~91 11:07 PURKISS-Xu5~
b. A professional interviewing firm will be used to conduct the
survey and tabulate the results. The Consultants will then
calculate participation rates by type of activity for the
citizens of Temecula and analyze the other survey results as
they apply to the demand analysis.
E. Manpower
The consultants will gain information about existing staffing for
administration, recreation and maintenance. The projection of
needs, facilities and development will help us to understand the
appropriate staffing level needed to run the department.
F. Facility, landscape and irrigation standards
The consultants will gain all information of existing facility,
landscape and water management standards. They will be reviewed for
completeness, accuracy and level of acceptability. The results of
the analysis will be incorporated into the Master Plan to set a very
high standard for development and on going maintenance.
G. Community Workshops
The Consultants will conduct a community workshop to review,
evaluate and provide a "reality check" on the research and analysis
phase of the project. The survey of recreation needs will be
reviewed and turned in at this time. The community will be led
through a series of input sessions and be informed of the Master
Plan process.
PHASE II. PLANNING
The goal of this phase is to set Goals, Objectives, Policies and develop
Implementation measures for an effective recreational service program.
The planning phase will give special consideration to funding implementation,
development, land inventory and site acquisition, operations and maintenance,
and to priorities of development.
A. Program/Use Activities Development Plan
The Consultant Team shall review descriptions of recreational
programs and use activities specifically related to parks and
recreational resources within the District. Program development
will be defined in terms of community need, physical space/facility
requirements, location, operating requirements and cost. Those
programs which may be conducted through concession agreements or
private operations will also be defined. A schedule of program use
activities will be prepared. The schedule program descriptions and
private service programs will be organized into the master program
development plan. The program date will be a vital resource for
determining physical space requirements for facilities, development
and acquisition. Revenue generating activities and facilities will
also be incorporated.
FEB 8V ~91 11:~8 PURKISS-ROSE ~ ~Y
B. Park and Factllty Standards
1. A detail of park standards will be developed from data obtained
from several sources:
a. Using a statistical analysis technique which the Consultants
have developed for similar studies done elsewhere, the survey-
based participation rates will be converted into peak day demand
estimates for each of the types of recreation activities. By
applying design standards, which will be developed in
conjunction with City staff, an estimate of the number of
facilities each type required to satisfy the current and
projected demand will be determined. These relationships can be
converted into facility standards or demand estimates which
relate specifically to Temecula. They will take the format of
one facility required for every X thousand population and will
be specific to approximately 25 different types of recreation
facilities.
b. In the course of preparing other park master plans, the
Consultants have inventorled facilities in a large number of
cities throughout Southern California and related the number of
existing facilities to the population base. These data as well
as the recreation participation rates and travel time parameters
developed by the State Parks and Recreation Department in their
1980-81 study will be used as a test of the validity of the
demand estimates derived from the survey.
c. In conjunction with Purkiss-Rose, interviews or workshops will
be conducted with organized recreation leagues, schools, and
other special interest groups to determine their current and
projected needs for such facilities as ball fields, tennis
courts, basketball courts, meeting rooms, etc. The information
obtained will be arrayed and evaluated in light of the survey-
based demand estimates and adjustments will be made to these
estimates, if necessary.
2. The demand estimates described above will then be evaluated in
light of the current inventory of recreation facilities (to be
prepared by Putkiss-Rose} to identify surpluses and deficiencies in
the existing and planned parks and recreation-related facilites to
serve the population base as it exists now and with projections
into the future for the City as a whole and by sub-area. The
estimates and projections of facilities' needs will be used by
Purkiss-Rose to determine the amount and location of developed park
land which will match the communities' demand levels. Depending on the
types of facilities needed, the type of park-community,
neighborhood or special use can be determined. The degree of need
will help to establish priorities in developing the capital
improvements plan.
3. These standards will then be used to determine current and
projected facilities' needs within the District as a whole and by
sub-area or service area. These estimates and projections of
facilities' needs will be used by the Consultants to determine the
amount and location of developed park land which will match the
community's demand levels. The degree of need will help to
establish priorities in developing the capital improvements plan.
C. Multi-use Trails System
Based on evaluation criteria developed in Phase I and on the demand
analysis and needs statement, we will identify trail locations with
feeder connections, widths, paving, trail heads, and basic design
concepts for an overall multi-use trails system. The system will
include evaluation of trails to proposed acquisition. Opportunities
and constraints will be reviewed. Proposed linkages will be
presented as a part of this study.
O. Costing and Funding P1 an
The Consultant Team shall organize and describe cost categories
relevant to acquisition, development, revenue sources, capitalization
and operations of the recreation development plan.
1. Priorities for Capital Improvements
Facilities enhancement and new development of existing
facilities plan.
Based on the consensus arrived at for proposed land uses, the
Consultant Team shall prepare recommendations for existing park
sites and facilities making specific recommendations for new
facilities or development. Priorities for development will be
set. Specific sites for conceptual plans will be prepared for
Rawhide Park, 40 acre site, 20 acre middle school site and a
typical softball complex.
Implementation and material standards will be established as part
of this study.
b. Recreational resource/land acquisition plan
Based upon the analysis of land and recreational resources
appropriate and necessary for acquisition, an acquisition plan
will be prepared. The acquisition plan will provide ranking of
suitability and recommended priorities for acquisition based on
need, availability of resources, environmental constraints and
relevance to the overall Master Plan. All acquisition
considerations will be subjected to criteria developed in the
Research and Analysis phase of this work. The District will be
researched for readily availability of land. In some cases it
will be appropriate to identify a need for land in a densely
populated area, appraise its value, and to develop a program for
acquisition.
2. Financial Overview
FEB 07 '91 11:09 PURKISS-ROSE 906 P09
a. The consultants will prepare cost projections in current
dollars for the recommended improvements schedule. The cost
estimates will include the following:
- Acquisition and Capital Improvements (including property
protection/liability reduction, stabilization, access, utilities
provision or upgrade and improvements costs)
Department and Maintenance (staffing, lighting, irrigation,
landscaping, etc.)
3. Fiscal/Economic Impacts
For the financial analysis portion of the study, the Consultants will
review surveys they have conducted in a sizeable sample of Southern
California cities. They will also conduct a literature search as
well as draw upon their own experience to create an exhaustive
listing of all possible funding sources, both public and private,
which can be used to generate the monies needed to implement a
capital improvement plan for Temecula parks. Revenue-generating
facilities such as a softball complex, equestrian facilities, a
tennis center, water-slides, miniature golf, etc., as well as
special events such as festivals, swap meets, fairs, etc., will be
considered in the evaluation of revenue sources.
E. Phasing and Implementation Plan
The Consultant Team will organize the recreation development Master
Plan in proposed development phases. Phases will be structured in
coordination with an implementation strategy, needs, district
policies and financial resources.
Implementation phases will be clearly defined with options which may
be considered in the event conditions change substantially in areas
of funding, use/activity requirements, growth demand, etc.
F. Operations and Management Plan
The Consultant Team will, based on information gained in the previous
tasks, prepare an operations and management plan consistent with the
requirements and levels of recreational developments defined in the
program and land use/facilities improvement plan.
Operational requirements will include maintenance, security and
land management functions associated with the care and stewardship
of property and programs. Maintenance service programs appropriate
to the level of development will be described.
G. Screen Check
Preparation of screen check of all materials, additions, programs
and appropriate elements.
FEB 07 '91 11:10 PIJRKISS-POSE 906 PlO
H. Community Workshop
The Consultants will conduct a workshop to obtain input from the
community and present background data gathered to date. The
workshop will also serve as a method to communicate with the
public, agencies as well as special interest groups.
PHASE III. MASTER PLAN PREPARATION (IMPLEMENTATION PLAN)
A. Final Research, Documentation and Verification of Crittcal Facts
After public and agency revtew of the screencheck Master
Plan, the Consultant Team will respond to comments with any
necessary research, documentation and verification of critical
facts.
B. Prepare Draft Master Plan
1. Acquisition, Land Use Facilities Plan
The Consultant Team will prepare a final District-wide plan showing
proposed facilities development including enhancement of existing
park sites and development of sites to be acquired. Appropriate
sites will be included.
2. Multi-Use Trail System Plan
Any existing and proposed trails will be reviewed to include trail
locations, trail head locations, standards for width, paving, trail
amenities, landscaping, signage, access strategies, implementation
strategies and trail construction priorities.
3. Operations and Management Plan
The 0 & M information will be finalized into an operating plan
specifically linked to the phasing program and to the standards
required for continued quality in recreation services, facility
maintenance and property management.
4, Implementation P1 an
The implementation plan will be finalized and prepared for
incorporation within the Master Plan and shall contain the
following essential elements:
- Recreational program ranking and priorities
Facility enhancement and existing resource improvement
FEB 07 '91 11:11 PURKISS-ROSE 906 Pll
Acquisition program/Site inventory
Facilities development
- Financial element of acquisition and development
Five (5) year and Twenty (20) year capital improvement plan
Operations and management structures
Potential revenue sources
C. Master Plan Review and Update
All elements and standards will be reviewed, updated and approved by
staff, commission and council.
D. Community Workshops
The Consultants will conduct a workshop to gather general consensus
on the Master Plan. The Capital Improvement Plan and priorities
will be a major discussion item.
E. Final Master Parks and Recreation Plan Update
We shall attend Public Hearings before the Commission and City
Council relative to the adoption of the Master Park and Recreation
Plan.
FEE SCHEDULE
Your request for a proposal asked for a plan that will give reliable and
implementable guidance to you in the development of your park and recreation
services. This plan must be developed in a highly public manner. We have
responded completely to your request with the best assessment of our
professional knowledge and experience. The process and products we have set
forth will produce a plan in which, with scheduled monitoring, you can base
decisions for years to come.
I have presented our fee to display how the efforts of the consultants will
be spent on the preparation of the Master Plan. As requested we have
presented separate fees to provide conceptual drawings for four parks and
landscape and irrigation guidelines. These fees are presented as follows:
Master'Plan for parks and recreation
Economic and user need study
Telephone survey and tabulation
Total
S34,000.00
$20,500.00
$13,500.00
$68,000.O0
Schedule of hourly rates:
Principal
Project Landscape Architect
Senior Research Analyst
Project Manager
Design Draftsman
Clerical/Word Processing
$150.O0/hour
$ 75.00/hour
$ 70.O0/hour
$ 65.00/hour
$ 50.O0/hour
$ 40.O0/hour