HomeMy WebLinkAbout032090 CC AgendaTmfB~'"ULIL (:ZT~ (~OUI~ZL
& RBGULILR IBBTZII'G
If]LRC~ ~0; 3,990
!~ext in Order:
Ordinance: No. 90-05
Resolution: No. 90-28
4:~3G, L TO ORDBR:
Invocation:
Flag Salute:
Pastor Peter Molster
Church of Christ
Birdsall, Lindemarts, Moore, Mufioz,
Parks
PRO~LIM~TZONB
1. Proclaiming April 28, 1990 "Health Fair Expo Day" in Temecula
PUBLZC CC)M!iBIITB
A total of 15 minutes is provided so members of the
public can address the Council on items that a~e not
listed on the Agenda. Speakers are limited to two (2)
minutes each. If you desire to speak to the Council
about an item not listed on the Agenda, a pink ,"Request
To Spe~k- form should be filled out and filed with the
City Clerk.
When you are called to speak, please come forward and state
y~ur name and address.
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.
~)NSRNT ~LFdDAR
NOTICB TO THB 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 to be
removed from the Consent Calendar for separate action.
2/agen~320~O I 03/15/90
w4 nutes
RECOMMENDATION
1.1
1.2
1.3
Approve minutes of February 20, 1990 as mailed.
Approve minutes of February 27, 1990 as mailed.
Approve minutes of March 3, 1990 as mailed.
o
lf:LnaX Tr&ot~ I(ap 19872
A sub~ivision consisting of 55 lots,
Road and east of Rainbow Canyon Road.
RECOMMENDATION:
2.1
located south of Pala
Approve Final Tract Map 19872
0
y4nal Tract Map X9872-5
A subdivision consisting of 61 lots, located south of Pala
Road and east of Rainbow Canyon Road.
RECOMMENDATION:
3.1 Approve Final Tract Map 19872-5
4. Plot Plan ~lSOS - Teme~ula Creek Tnn
Addition of rooms, lobby, restaurants,
existing golf course and hotel.
RECOMMENDATION:
4.1 Receive and file Plot Plan 11505
COONCId. BUSTRSS
lounge and
spa to
ProDosedamon4ment to Assembly BiXX No. 2743
Presentation by Howard Chesher
RECOMMENDATION:
5.1 Direct staff to prepare a Resolution of Support for
Assembly Bill No. 2743 as amended.
2
ReDO-~C of ]td Hoe ?4w Enforcement CoRtittee
RECOMMENDATION:
6.1 ~opt a resolution entitled:
~OL~ION ~. 90-
~ ~L~ZON' OF ~ ~Z~ ~CZL OF ~
OF ~C~ ~~TZ~ ~ ~~ZDE
~~" B DEP~'z'~w ~ P~ZDE ~DZTZO~ ~g
~R~~ BBRVZ~8 ~ ~ CITY ~
Adopt a resolution entitled:
A ~SOL~ION OF ~ CITY ~CIL OF ~ CITY OF
TM~ APP~PRIATIN~ $74;680 ~R ~ P~SE OF
~VZDZNG ~DZTZO~ ~W ~OR~~ SERVICES
BBGZ~ZNG APRIL ~,
~ne~&l
RECOMMENDATION:
7.1 Adopt a resolution entitled:
lIBSOLUTION NO. 90-
A P~BOLUTZON OF THE CITY COUNCIL OF THE CITY OF
TF~CUL~ P~JtDZNG ADOPTING THE SOUTHWEST AREA
COMMUNITY PLAN U THE CITY eS PLANNING GUIDELINE8
UNTIL THE CITY /tDOPTB ITS GENERAL PLaN
o
C~t¥Consideration of Rancho Califor~ia Water District CFD No.
88-3
RECOMMENDATION:
8.1
Adopt a resolution entitled:
P~BOLUTZONNO. 90-
· P~NOLUTZON OF THE CITY COUNCIL OF THE CITY
OF TEMECUI~PPNOVZNG CERTAIN JOINT FINANCING
~GRBBMBNTB BY~NDBETWBRNTH~CITY OF T~CU~
~ ~~Z~ F~CZLITZB8 DZBTRZ~ NO. 88-3 OF
~ ~O ~ZFO~Z~~R DISTRICT
2/agend~z~,9~ 3 03/15/90
8. (Continued)
8.2
(',)
(2)
Approve and authorize the Mayor to sign the
following agreements.
JOINT FINANCING AND ACQUISITION AGREEMENT AMONG
COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE
RANCHO CALIFORNIA WATER DISTRICT, THE COUNTY OF
RIVERSIDE, THE CITY OF TEMECULA, THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT AND TAYCO, A CALIFORNIA PARTNERSHIP
and
JOINT FINANCING, CONSTRUCTION AND ACQUISITION
AGREEMENT AMONG COMMUNITY FACILITIES DISTRICT NO.
88-3 OF THE RANCHO'CALIFORNIA WATER DISTRICT, THE
COUNTY OF RIVERSIDE, THE CITY OF TEMECULA AND
TAYCO, A CALIFORNIA PARTNERSHIP.
®
Resolut4on of Intent - Hello Ross District
RECOMMENDATION:
9.1
Adopt a resolution entitled:
RESOLUTION NO. 90-
X~BSOLUTZON OFT HE CITY COUNCIL OFT HE CITY OF TEMECUL~
~GA~DZNG ZTS ZNTENTZON TO USZST NITH TH~ FZN~NCZNG OF
RO~Dv TP~t~PIC AND P~RK F~CILITZ~ OF ~GIO~ BE~FIT
~IN ~ CITY BY ~ING ~RT~IN S~8 T~ ~~8
A~I~ ~R PA~ OF DEBT SERVICE ON ~S OF
~~TY F~CILITIBS DISTRI~ ~. 88-12 (~S ~I~R)
OF ~ ~~OF R~IDB~I~Y BE IS8~D ~ FI~CE
~ ~NS~U~ION OF SU~ FACILITIES
10.
~uthe-n Californi& Association o~ Governments
Presentation by Gil Smith
11.
Liverside County Disaster/Fire Workshop
Presentation by Chief Glen J. Newman, Riverside County Fire
Department
2./~genda~032090 4 03/15/90
Next meeting: March 27, 1990, 7: 00 p.m., Temecula
Center, 28816 Pujol Street, Temecula, California
Community
2~ge~:~032090 5 03/15/90
PROCLAMATION
A PROCLAHATION OF THE CITY COUNCIL OF THE CITY OF
TEHECULA.
WHEREAS, individuals have more control over their health when they
assume personal responsibility to promote and maintain a healthy lifestyle; and
WHEREAS, the Temecula Valley is conducting a Health Fair Expo on
Saturday, April 28, 1990, coordinated by Dr. Donald Myren of Temecula Valley
Chiropractic; and
WHEREAS, Health Fair Expo is in its 13th year of community service
to the Temecula Valley, offering free health education and screening services
that promote healthy lifestyles; and
WHEREAS, Health Fair Expo has screened more than 90,000 southland
residents and over 3/4 million residents in the past 12 years; and
WHEREAS, Health Fair Expo is sponsored by the American Red Cross,
Chevron USA, Inc., KNBC-TV Channel 4 and the Hospital Council of Southern
California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TENECULA, hereby
proclaims April 28, 1990 as Health Fair Expo Day and congratulates Health Fair
Expo and its sponsors.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the City of Temecula to be affixed this 20th day of March, 1990.
ATTEST:
Ronald J. Parks, Mayor
F. D. Aleshire, City Clerk
[SEAL]
Chevron
February 26, 1990
The Honorable Ron Parks
City Hall
P.O. Box 3000
Temecula, CA 92390
Dear Mayor Parks:
Udlm/'~-~"~ Hospital Council
n~__~~ ot Southern California
As you know Dr. Donald Myren is a dedicated citizen in
this community and is committed to bringing quality
programs and services to the residents of the Temecula
Valley.
As health care and the preservation of health becomes a
more prominent issue to the people of Temecula, our
organization has been increasingly involved in emphasizing
health education and the importance of early disease
detection. In light of this committment, both to the
community and to health education, Temecula Valley
Chiropractic is sponsoring an Annual Health Fair Expo. We
will conduct this years' Health Fair on Saturday, April
28, 1990, for the Temecula Valley, bringing its residents
the opportunity to take advantage of free health
screenings and education.
Your support is needed in this community-wide effort
sponsored by the American Red Cross, Chevron USA, the
Hospital Council of Southern California and KNBC-Channel
4, particularly in this, the 13th anniversary year of
Health Fair Expo.
As Mayor of this city, your involvement in introducing a
resolution/proclamation at the City Council meeting on
March B will draw attention and community support to the
Health Fair Expo event. We also invite you to be the
first person through our Fair Expo site as part of our
opening ceremony on Saturday, April 28, 1990 at 10:00 a.m.
I will be in contact with your office within a few days to
check on your interest in this proposal. Should you or
your staff have any questions, please don't hesitate to
call me at 899-6228.
Sincerely,
Health Fair Expo Site Coordinator
P,O. Box 57930 · 2700 Wilshire Boulevard · Los Angeles, CA 90057 · (213) 739-5266
MINUTES OF /~N ~DJOURNED REGULAR MEETING
OF THE TEMECUL~ CITY COUNCIL
HELD FEBRU/~RY 20, 1990
An adjourned regular meeting of the Temecula City Council was
called to order at 7:05 p.m. in the Rancho California Water
District Community Room, 28061 Diaz Road, Temecula, California.
Mayor Ron Parks presiding.
PRESENT 5
COUNCI LMEMBERS:
Birdsall, Lindemans,
Moore, Muhoz, Parks
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Frank Aleshire, City Attorney Scott
F. Field, and Acting Deputy City Clerk June S. Greek.
INVOCATION
The invocation was given by Pastor Jeff Howell, Grace Christian
Fellowship.
PLEDGE OF ALLEGI~NCE
The audience was led in the Pledge of Allegiance by Councilmember
Pat Birdsall.
/%I~I~OUNCEMENT 8
No announcements were made.
PUBLIC COMMENTS
Linda Cloughen, 41304 Bravos Court, spoke in opposition to the
approval of high-density apartment projects. She encouraged
the Council to move forward with a City Master Plan.
Sydney Vernon, 30268 Mersey Court, spoke in opposition to the
approval of any high-density projects and expressed the
opinion that those already approved have been at the expense
of parks development within the community.
CONSENT CALENDAR
Councilmember Lindemans stated that he had questions regarding
items two and three on the Consent Calendar. He asked if the
City Council could levy fees for the construction of freeway
overpasses and interchanges on the two tract maps before the
Council for final approval.
# i nutes\2\20\~O - 1 - 03/1:3/90
City Council Minutes February 20. 1990
city Manager Aleshire stated that the City Council could
decide to add conditions requiring additional mitigation fees
on developments which have not reached the final approval
stage. The two tract maps before theCouncil as items two and
three of the Consent Calendar are final approvals and all
conditions have been met.
Richard Niec, 30180 Villa Alturas Drive, representing
Marlborough Development Corporation stated that the two tract
maps are part of the Margarita Village development. He
advised that the development has been conditioned to address
the traffic impacts and all the appropriate fees have been
paid.
Councilmember Muhoz stated that he would like to see parks
development included in this type of subdivision rather than
simply collecting the Quimby Act fees.
Mayor Parks requested the City Attorney clarify the final
approval process and explain how the Quimby Act applies.
City Attorney Scott Field explained that the two final maps
before the City Council have gone through the planning process
which allows for subdividing property. At the tentative tract
map stage of the process, conditions may be added however,
State law prohibits the adding of conditions at the final map
stage. He reported that the City Manager has requested a
report outlining how to establish new fees which will be
forthcoming. He advised that the Quimby Act provides for in-
lieu fees, and that in the future, the City Council can take
the position that park land dedication is preferable to these
fees.
Mr. Niec advised the Council that the Margarita Village
development includes a 10 acre park, as well as a number of
smaller neighborhood parks and greenbelt areas. He further
advised that the developer is planning further upgrades to the
large park.
It was moved by Councilmember Birdsall, seconded by
Councilmember Muhoz to approve the Consent Calendar, items one
through three as follows:
Minutes
Approve the minutes of the meeting of January 30, 1990 as
mailed.
14inutes\2\20\~) -2- 03/13/90
City Council Minutes February 20, 1990
Final Tract Map 23100-1
Approve Final Tract Map 23100-1·
F~nal Tract Map 23100-2
Approve Final Tract Map 23100-2.
The motion carried by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
Birdsall, Lindemans, Moore
Muhoz, Parks
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCIL BUBINESS
4. Mayor Parks reordered the agenda to allow consideration of
item no. four after the reports of the Mello-Roos consultants
have been given.
e
Appointment of Law Enforcement Negotiating Committee
City Manager F. D. Aleshire recommended that the City
Councilmembers name the seven members to serve on the
negotiating committee.
City Attorney Scott Field recommended that the members of the
City Council appoint an individual to the committee. He
further advised that the members could discuss these
appointments on a one on one basis, but they must observe the
provisions of the Brown Act and not discuss these appointments
as a group outside a noticed meeting.
It was moved by Councilmember Moore, seconded by Councilmember
Muhoz to continue this matter to the meeting of February 27,
1990.
The City Manager advised that the City staff would make copies
of all resumes filed for the Public Safety Committee available
to the Councilmembers.
The motion was unanimously carried.
14inutes\2\20\90 - 3- 0:~/1
City Council Minutes February 20, 1990
C<rans - Rancho C&lifornia Road Signal Agreement
City Manager Aleshire reported that this matter is before the
Council because Caltrans requires formal authorization from
the governing body of the area (i.e. City Council) to install
signals at Rancho California Road and the 1-15 Freeway. Since
the County has spent a great deal of time securing the
Cooperative Agreement with Caltrans, he recommended the
Council authorize the County to act on the City's behalf
rather than attempting to get a new agreement between the
State and City.
It was moved by Councilmember Moore, seconded by Councilmember
Mufioz to approve a resolution entitled:
RESOLUTION NO. 90-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECUL~ AUTHORIZING THE COUNTY OF RIVERSIDE TO
EXECUTE A COOPE1/ATIVE AGREEMENT WITH CALTRANS FOR
IMPROVEMENTS AT RANCHO CALIFORNIA ROAD AND 1-15
FREEWAY
The motion carried by the following vote:
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans, Moore
Mufioz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Oualifioations for Commissions
City Manager Aleshire stated that Councilmember Birdsall
requested that the Council consider amending the requirement
that commissioners must be City residents.
In response to a question from Mayor Parks, City Attorney
Field advised the Council that it is not a matter of State law
that the members of a City Commission must be residents of
that City.
Councilmember Lindemans stated that he strongly felt the City
of Temecula has more than enough verywell qualified residents
to serve on all commissions and that there is no need to look
outside the City boundaries.
#inutes\Z\ZO\90 -4- 05/15/90
City Council Minutes February 20, 1990
Councilmember Birdsall moved that the code section 2.06.030 be
amended to read "...all members of commissions of the City
shall, at all times during their incumbencies, be bona fide
residents and registered voters of the State of California..."
The motion died for lack of a second.
8. Riverside County Solid Waste Management Advisory Council
Manager F. D. Aleshire reported that the State of California
has ruled that all Cities must prepare a detailed analysis of
its waste stream and source reduction and recycling plans. He
advised that this action concurs in the establishment of a
task force to develop the plans required by the County and the
Cities.
Janice Guymon, Inland Disposal Company, 28636 Front Street,
spoke in favor of the adoption of the resolution. She also
volunteered her services and those of her staff to assist the
Council in any manner they might feel appropriate to complete
this plan.
Councilmember Birdsall moved and Councilmember Moore seconded
a motion to adopt a resolution entitled:
RESOLUTION 90-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMEOUL~CONCURRING IN THE ESTABLISHMENT OF
A TASK FORCE TO COORDINATE THE DEVELOPMENT OF
SOURCE REDUCTION AND RECYCLING ELEMENTS AND
THE SITE OF SOLID WASTE FACILITIES IN
RIVERSIDE COUNTY.
The motion was carried by the following vote:
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans, Moore
Muhoz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECEB8
# i nutes\Z\20\90 - 5- 03/13/90
city Council Minutes Februarv 20. 1990
Mayor Parks declared a recess at 7:56 PM.
reconvened at 8:12 PM with all members present
The meeting was
Mello Roes Traffic Consultant'e Report
City Manager Aleshire introduced Mr. John Kain of the firm of
Kunzman and Associates who presented the report. Mr. Kain
outlined the areas which the report addresses and he explained
the various scenarios which were used to develop the
recommendations.
He pointed out District Roadway Improvements identified as
being currently in-process, shown in Figures 4 and 5, which
currently are earmarked for a variety of funding methods. He
stated that in looking at the 1991 conditions, the planned
improvements will adequately serve the estimated traffic for
the short term. By 1993, the district improvements and short-
term improvements will only marginally meet the needs and by
1995 the levels of service will not be adequate without the
Apricot Street overcrossing. He stated that by the year 2000,
the traffic conditions will demand loop on-ramps at the 1-15
at Winchester Road and Rancho California Road be in place. He
stressed that the report highlighted these interchanges
because the study did not identify any additional funding
sources for these improvements.
In response to a question from Mayor Parks, Mr. Kain stated
that in 1995, with the Apricot Street overcrossing in place,
he felt the service levels would be acceptable.
Councilmember Lindemans questioned if, in the opinion of the
consulting staff, the funds in the current Mello Roes proposal
for traffic improvements were realistic. In response Mr. Kain
replied that additional analysis is needed regarding the cost
of the improvements recommended in this report. He deferred
to the financial consultant regarding an opinion on the costs
detailed in the CFD 88-12 plan as it is currently proposed.
Councilmember Mufioz asked if the improvements recommended in
each of the three phases adequately address the traffic
situations. Mr. Kain replied that there are additional
unfunded improvements which are very real needs for
alleviating the traffic congestion.
10. Hello Roes Financial Consultant,s Report
nutes\2\20\90 -6- 03/13/90
City Council Minutes February 20. 1990
Consultant Doug Ford of Douglas Ford and Associates reported
on the findings contained in the analysis presented to the
City Council. He stated that the bond issue is financially
sound but the tax treatment is very unusual. He stated that
the proposal meets the lien-to-value tests and that the ratios
for the CFD will remain well in excess of the County and
industry standards. He also advised that there are
circulation elements which need to be placed in different
priority orders.
Mr. Ford said that his research indicates that this type of
sales tax reimbursement program has been used successfully in
other Riverside County areas, and he also advised that the
sales tax figures will be somewhere between 0-50% higher than
predicted.
Mr. Ford advised that his conclusion is that the current
proposal is too expensive in its present form. He outlined
recommendations for restructuring the proposal to provide
public benefits equal to the benefit derived by the
developers.
Councilmember Lindemans questioned if the Mello-Roos District
would greatly enhance the City's ability to attract a regional
shopping mall. Mr. Ford responded that in his opinion the
likelihood of this being an inducement for developers of a
regional facility might have a value of about 10 percent.
Councilmember Muhoz thanked both Mr. Ford and Mr. Kain for the
reports and praised both as being very well done.
Councilmember Lindemansquestioned if the worst case described
on page 15 were to occur, is it correct to assume that
$2,734,600 would be available in sales tax revenues in 1993.
Mr. Ford responded that would be the case as outlined in Table
6, Alternative 2.
Councilmember Lindemans added his compliments to
consultants on the excellence of the reports presented.
the
It was moved by Councilmember Moore, seconded by Councilmember
Muhoz to receive and file the reports.
The motion was unanimously carried.
~ppointment of &d Hoc Committee for negotiating restructuring
of the Mello-Roos District
nut es\2\20\~0 - 7- 03/13/90
City Council Minutes February 20, 1990
Councilmember Muhoz recommended that since this is largely a
planning issue, the ad hoc committee members should be the
same two councilmembers who are serving as the ad hoc members
to appoint the Planning Commission.
Councilmember Birdsall expressed concern with the timing of
the recommendation from the committee. She suggested that the
committee should tryto have some recommendations by February
27, 1990.
Mayor Parks questioned if changes can be made at this point in
the process. City Attorney Scott Field replied that
negotiations can be held and changes and/or additions made
within the plan prior to the election.
James Allmon 43954 Gatewood Way, spoke in opposition to making
any decision without the models for the area in parks, traffic
and planning being completed.
Bill Bopf, representing Bedford Properties spoke recommending
alterations to the existing CFD project and he requested some
form of Resolution of Intent within the next two weeks. He
also complimented both consultants on the reports presented.
Councilmember Moore stated that she would like to serve on the
ad hoc negotiating committee.
Councilmember Muhoz questioned if Mr. Ford agreed with Mr.
Bopf's suggestion regarding a Resolution of Intent. Mr. Ford
said he agreed that some kind of Resolution should be
presented by the City.
It was moved by Councilmember Birdsall, seconded by
Councilmember Moore to establish an ad hoc committee with
section 3 of the resolution amended to read February 27, 1990.
City Attorney Field recommended that a staff
assigned to the committee and suggested that
available, Mr. Ford would be a valuable addition.
member be
if he were
The City Council agreed by consensus to appoint City Manager
Aleshire and Mr. Douglas Ford to serve on the negotiating
committee.
Mayor Parks suggested that Councilmember Moore would be a very
objective member of the ad hoc committee.
Councilmember Muhoz stated that he felt Councilmember
Lindemans has displayed a keen understanding of the matter,
Ninutes\2\20\90 -8- 03/13/90
City Council Minutes February 20. 1990
and has spent a great deal of time doing his homework on this
subject. He proposed that the Mayor Pro Tem and the Mayor,
who brings his experience in land use matters were the best
choice for the committee.
Councilmember Muhoz moved that the ad hoc committee consist of
Mayor Parks and Mayor Pro Tem Lindemans. The motion died for
lack of a second.
It was moved by Councilmember Birdsall, seconded by
Councilmember Moore that the ad hoc committee consist of Mayor
Parks and Councilmember Moore. The motion carried by the
following roll call vote:
AYES:
3 COUNCILMEMBERS:
Birdsall, Moore, Parks
NOES'
2 COUNCILMEMBERS:
Lindemans, Muhoz
ABSENT: 0 COUNCILMEMBERS: None
CITY MANAGER REPORTS
None presented
CITY ATTORNEY REPORTS
None presented
CITY COUNCIL REPORTS
None presented
ADJOURNMENT
It was moved by Councilmember Birdsall, seconded by
Councilmember Moore to adjourn at 9:45 PM to a meeting to be
held February 27, 1990 at 7:00 PM in the Temecula Community
Center, 28816 Pujol Street, Temecula, California
ATTEST:
RONALD J. PARKS, MAYOR
F. D. ALESHIRE, CITY CLERK
Ninute$\2\20\90 -9- 03/13/90
MINUTES OF A REGULAR MEETING
OF THB TEF, ECUI~ CITY COUNCIL
HELD FEBRUARY 27; X990
A regular meeting of the Temecula City Council was called to order
at 7:07 PM in the Temecula Community Center, 28816 Pujol Street,
Temecula, California. Mayor Ron Parks presiding.
PRESENT 4 COUNCILMEMBERS: Lindemans, Moore
Mufioz, Parks
ABSENT: 1 COUNCILMEMBERS:
Birdsall
Also present were City Manager Frank Aleshire, City Attorney Scott
F. Field, and Acting Deputy City Clerk June S. Greek.
INVOCATION
The invocation was given by Pastor Blake Withere, Las Brisas Bible
Fellowship.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Boy Scout Troop
624.
ANNOUNCEMENTS
PUBLIC COMMENTS
Greg Heer, 17015 St. Andrews Drive, Poway, California, the
owner of the Yellow Brick Road in Temecula, spoke concerning
the problem he is experiencing with teen age residents who
just "hang around" at his place of business, creating noise,
confusion and blocking the entrance to his establishment. He
requested that the City Council consider adopting a no-
loitering ordinance.
Ronnie Crossland 30632 Hollyberry Lane, Temecula spoke
regarding the development of apartment projects in the area of
Rancho California Road between Moraga and Margarita Roads.
She requested that the City Council hold hearings on the
development of the Rancho Valencia Apartments.
Bill Harker, 31130 S. General Kearny Road, addressed the City
Council and introduced the members of Boy Scout Troop 624. He
announced that these Scouts had performed a number of
voluntary services, such as planting flowers and painting, at
the Temecula Community Center to prepare for the inaugural
city Council meeting on December 1, 1989. He also introduced
#i rvates\2/27/90 - 1 - 01/15/90
city Council Minutes February 27, 1990
David Armstrong, who as a part of his Eagle program, organized
this project and directed the work.
Councilmember Muhoz asked staff if the City has an anti-
loitering ordinance. City Attorney Scott Field replied that
the County Ordinance calls for a 10:00 PM curfew.
Councilmember Muhoz also questioned the status of the Rancho
ValenciaApartment project. City Manager Aleshire stated that
he was not aware of this project's status but he would check
into the matter.
Mayor Parks requested staff check into preparing an anti-
loitering ordinance which would address the concerns expressed
by Mr. Heer during the Public Comments section of the meeting.
City Attorney Scott Field advised that he would present an
ordinance for the Council's consideration within the next 30
days.
CONSEI~I' CALBND~R
Councilmember Lindemans requested the removal of items one and
two from the Consent Calendar.
It was moved by Councilmember Moore, seconded by Councilmember
Muhoz to approve items three and four of the Consent Calendar
as follows:
3. Resolution Approvina Payment of Demands
RESOLUTION NO. 90-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECUL~, ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN B~IBIT A.
Resolution Denying Plot Plan No. 1170
RESOLUTION NO. 90-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING PLOT PLAN NO. 1170 TO PERMIT
CONSTRUCTION OF ANOUTDOORADVERTISING DISPLAY NEAR
RANCHO CALIFORNIA RO~D AND FRONT STREET
#inutes\2/27/90 -2- 0:~/15/90
city Council Minutes February 27, 1990
The motion carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Lindemans, Moore
Muhoz, Parks
None
Birdsall
Councilmember Lindemans questioned staff as to the timetable
for adoption of the Southwest Area Community Plan (SWAP). He
asked if the City is currently operating under the provisions
of the SWAP. City Attorney Scott Field responded that the
item before the Council is a final map and the provisions of
the SWAP have no impact on this matter. He further explained
that at this time the City has, by law, 30 months from the
date of incorporation to adopt a general plan. The City does
have the option to adopt SWAP as its general plan, but they
have not taken that action at this time.
Nick Tavaglione, the developer of this project responded to a
question from Councilmember Lindemans that 12 and one-half
acres fronting Ynez Road will be developed for commercial uses
and that the 10 acre portion fronting on Margarita will be
developed for condominiums with a density of less than 13
dwelling units per acre.
Councilmember Mufioz questioned why grading of the property is
taking place when the Parcel Map is being considered for final
approval tonight. Mr. Tavaglione answered that grading
permits can be issued prior to the final map approval. He
also advised that all fees in the conditions of approval have
been paid or will be prior to recordation.
City Attorney Field stated that an ordinance is being prepared
which allows projects being considered for tentative approvals
to be conditioned for payment of certain traffic mitigation
fees. He advised however that some projects coming before the
City Council are too far along in the approval process to be
included in the new mitigation fee program.
Councilmember Muhoz stated that this is another high-density
project within an already impacted area. He also objected to
the lack of support material provided by the County on items
one and two.
#t nutes\Z/Z7/90 - 3- 0:3/15/90
City Council Minutes February 27. 1990
Mayor Parks questioned if the City Council has any discretion
to deny this project. City Attorney Field advised that the
only discretion allowed is to determine if the conditions have
been met. The County Surveyor has advised the Council that
they have been.
Jim Allmon, 43954 Gatewood Way, stated that the City Council
has the ability to approve projects; considering roads, parks
and school impacts. He requested that the Council exercise
their authority to take all these areas into consideration.
Armando Malanga, 40216 Calle Medusa, spoke regarding future
development to occur within the City. He suggested that the
City Council should get the various commissions in place prior
to accepting any new development projects. He requested a
temporary moratorium be placed on all future development until
the Planning Commission is appointed and is functioning in
their advisory capacity.
It was moved by Councilmember Lindemans, seconded by
Councilmember Muhoz to continue this matter in order to secure
the full details of the project.
City Manager Aleshire responded to a question from
Councilmember Moore stating that there would be a staff report
from the County Surveyor if this matter is placed on a future
agenda.
The motion failed by the following vote:
AYES:
2 COUNCILMEMBERS:
Lindemans, Muhoz
NOES:
2 COUNCILMEMBERS:
Moore, Parks
ABSENT: 1 COUNCILMEMBERS:
Birdsall
Mayor Parks questioned if this matter could be brought
back in one week.
Councilmember Muhoz stated that he has concerns that the
developers have not given consideration to the City Council
and their expressed desires for the community.
Nick Tavaglione responded that it is his desire to work with
the City Council but he does not understand what delaying the
approval will accomplish at this stage of the project. He
stated that his firm would be happy to make any presentations
requested by the Council to show them all of the features of
the planned development.
14i .ut.s\21~?190 -4- 0~/15/90
City Council Minutes February 27. 1990
Councilmember Moore suggested that the Council expedite this
matter, since it is a Consent Calendar item and over one hour
has already been spent in discussion. Councilmember Moore
moved for approval of Parcel Map 23426 and Tract Map 23160.
The motion died for lack of a second.
Councilmember Lindemans again moved to continue approval of
Parcel Map 23426 and Tract Map 23160 for a period of two
weeks.
The motion carried by the following vote:
AYES: 3
COUNCILMEMBERS:
Lindemans, Muhoz, Parks
NOES: 1 COUNCILMEMBERS: Moore
ABSENT: 1 COUNCILMEMBERS:
Birdsall
RSCEB8
Mayor Parks declared a recess at 8:05 PM. The meeting was
reconvened at 8:19 PM and adjourned to a meeting of the CSD.
PUBLIC HEARING8
5. Appeal of Planning Department Denial of Plot Plan 1168
John Ristow, Riverside Planning Department, presented a staff
report detailing the location of the proposed billboard and
the reasons for the staff recommendation for denial of the
appeal. He stated the project is 1) inconsistent with the
Southwest Area Plan (SWAP); 2) incompatible with the Scenic
Corridor designation of Highway 15 and; 3) an aesthetic
detriment to the Temecula Historic District which adjoins the
area.
John Gunderson, 26525 Jefferson, with Outdoor Media Group,
stated that the sign meets all the permit requirements and
requested that the City council give it favorable
consideration based on the merits of the sign.
William Harker, 31130 S. General Kearny Road, acting as
spokesman for the Temecula Town Association, addressed the
Council regarding the importance of keeping the Old Town
character intact. He stated that the Town Association
supports denial of this application.
Ninutes\2127190 -5- 03/15/90
City Council Minutes February 27. 1990
Mayor Parks declared the hearing closed at 8:37 PM
Councilmember Lindemans questioned the City Attorney if there
are any legal reasons which would prevent the Council denying
this application.
City Attorney Scott Field advised the City Council that they
can accept the recommendations of the staff that there are
sufficient grounds for denial. He also responded that in this
case there are no constitutional provisions which would
support the appeal.
It was moved by Councilmember Lindemans, seconded by
Councilmember Moore, to deny the appeal for Plot Plan 1168 for
an Outdoor Advertising display.
The motion carried by the following vote:
AYES: 4
COUNCILMEMBERS:
Lindemans, Moore
Muhoz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS:
Birdsall
6. Ordinanoe Adopting Portions of Riverside County Ordinances
Mayor Parks declared the public hearing open at 8:40 PM. City
Manager Frank Aleshire gave a staff report recommending that
the Council adopt the non-codified provisions of the County of
Riverside Ordinances. He explained that the list attached to
the staff report showed red lined Ordinances which do not
apply to the City of Temecula and would not be included in
this adoption.
There being no members of the public wishing to be heard, the
Mayor declared the public hearing closed at 8:43 PM.
Mayor Ron Parks questioned if the City Council could amend any
of these ordinances within the next 30 days.
City Attorney Field advised that should the City Council make
any amendments within the next 30 days, adoption of that
section of the ordinances would be delayed for an additional
30 days.
Hi nutes\2/2?/90 -6- 03/15/90
-- City Council Minutes February 27. 1990
It was moved by Councilmember Moore, seconded by Councilmember
Muhoz to read by title only, waive further reading and adopt
an ordinance entitled:
ORDIN~%NCE NO. 90-04
~ ORDIITANCE OF THE CITY COUNCIL OF THE CITY
OF TENECUL~, ADOPTING BY REFERENCEPORTIONS OF
THE NON-CODIFIED RIVEP~IDE COUNTY ORDINANCES
The motion carried by the following vote:
AYES: 4
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
NOES: 0
ABSENT: 1
Lindemans, Moore
Muhoz, Parks
None
Birdsall
COUNCIL BUSINESS
6.b 'Appointment of &d Hoc Committee to Negotiate Sheriff,s
Contract
City Manager Aleshire gave a staff report recommending that
the Council add consideration of the appointment of an Ad Hoc
Committee to Negotiate the Contract for law enforcement with
the Riverside $heriff's Department to the agenda.
It was moved by Councilmember Moore, seconded by Councilmember
Lindemans to add consideration of a resolution setting up a
committee to negotiate a law enforcement contract with the
Riverside County Sheriff's Department to the agenda.
The motion was unanimously carried with Councilmember Birdsall
absent.
Councilmember Lindemans questioned if the committee would be
given instructions from the staff as to their specific duties.
City Manager Aleshire responded that Section 3 of the
resolution outlines the duties of the committee and that he
has also prepared a memo to be sent to the committee members
upon their appointment, with a copy to be provided to the
Council.
H i nut es\2/27/90 -7- 0~/15/90
City Council Minutes February 27, 1990
The Councilmembers were polled for their choice of appointees
as follows:
Councilmember Mufioz
Councilmember Birdsall
Mayor Parks
Councilmember Lindemans - Appointed Howard Chesher
Councilmember Moore - Appointed Hank Rupp and
Ted Goudy
- Appointed Linda Cloughen and
Frank Klein
- Appointed John Sterling
- Appointed Ralph Limons
It was moved by Councilmember Moore, seconded by Councilmember
Muhoz to adopt a resolution entitled:
RESOLUTION 90-25
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPOINTING ~ CITISENS COMMITTEE ON THE LAW ENFORCEMENT
CONTRACT.
The motion was unanimously carried with Councilmember Birdsall
absent.
Councilmember Lindemans stressed that the committee does work
under the provisions of the Brown Act.
Mello Roos Ad Hoo Negotiatina Committee Report
Mayor Parks reported that he and Councilmember Moore had met
with the property owners involved in the Mello Roos District
and that there have been substantial changes made to the
original proposal. The items now included are the Apricot
Street overcrossing, the right of way acquisition for both
sides of the overcrossing and improvements from Winchester to
Rancho California along Ynez Road. Also included are the loop
ramps and acquisition of right of way for these at Rancho
California and Winchester Roads at the 1-15.
He advised that this represents the initial proposal to the
developers and that the Ad Hoc Committee had also requested
the addition of $2 million for park land acquisition. The
Mayor recommended that a hearing be scheduled which would
allow time for a written report to be prepared and presented.
He said he would also like to give Councilmember Lindemans an
opportunity to make his presentation on the final proposal.
Councilmember Lindemans stated that he has questions with
regard to the development time-table of this project and he
Minutes\2/27/90 -8- 0~/15/90
City Council Minutes February 27. 1990
also set forth an alternate financing method for funding the
road improvements. He recommended that the City Council
select a Debt Advisory Counsel to assist in this decision.
Councilmember Muhoz stated that he would like to have
Consultant Douglas Ford at the proposed workshop and also
requested that the public be invited to address this matter.
Jim Allmon, 43954 Gatewood Way, stated that he wondered why
the City would agree to be taxed for 30 years if the results
can be predicted for only five to seven years. He stated that
the results need to be "fixed forever", to be sensible.
C. M. "Max" Gillis, former Assistant Road Commissioner with
the County of Riverside, addressed that City Council and
volunteered to be a resource person and to give the benefit of
his experience to the Council. He advised he would be
available to attend a Saturday workshop.
Councilmember Lindemans questioned if CalTrans would consider
any collateral the City might have a sufficient for getting
started on an overcrossing.
Mr. Gillis advised that there are several options available to
the Council for starting projects of this sort in a more
expeditious manner.
Keith Andrews, Vice President of Toyota of Temecula, advised
the City Council that his development is required to provide
one-half mile of roadway and as spelled out presently in the
conditions of his approval he will be expected to spend $10
million on roadway improvements. He questioned if the Mello
Roos District does not go through how small businessmen will
possibly be able to complete these projects.
It was moved by Councilmember Moore, seconded by Councilmember
Muhoz to continue this matter to a workshop to be held on
Saturday, March 3, 1990 at a location to be secured by staff.
City Manager Aleshire announced that the traffic consultant,
Kunzman and Associates could not be available for a Saturday
meeting.
Councilmember Muhoz stated he would like to have a list of the
17 property owners included in the Mello Roos district. He
also would like to make it apparent that no decisions will be
made at this Saturday meeting.
nut es\2/27/90 - 9- 0~/15/90
City Council Minutes Februarv 27. 1990
The City Manager, F. D. Aleshire reported to the Council that
the County of Riverside must hold the election by March 21,
1990 or be compelled to begin the process over again. He has
advised the County to schedule the election and that it is
possible the City's decisions might not be available at that
time.
The motion to continue this to a meeting on Saturday, March 3,
1990 was unanimously carried with Councilmember Birdsall absent.
CITY!~%N~GER REPORTS
CITY ~TTORNEY REPORTS
CITY COUNCIL REPORTS
Councilmember Lindemans questioned when a report on the Business
License Tax would be forthcoming from the Temecula Valley Chamber
of Commerce. City Manager Aleshire stated that if the Chamber's
report was ready it could be placed on the next Council agenda.
Councilmember Moore congratulated City Attorney Scott Field on his
recent promotion to partner with the law firm of Burke, Williams
and Sorensen.
Councilmember Muhoz asked about the status of securing a code
enforcement officer and if the sign ordinance is being enforced.
City Manager Aleshire advised that hiring an enforcement officer
was still being pursued and that individual would be working on
enforcement of the sign ordinance.
It was moved by Councilmember Moore, seconded by Councilmember
Lindemans to adjourn at 9:37 PM to a special meeting to be held on
March 3, 1990 at 9:00 AM at a location to be announced and
published.
The next scheduled meeting will be at 7:00 PM on March 6, 1990 to
be held at the Rancho California Water District Community Room,
28061 Diaz Road
ATTEST:
RONALD J. PARKS, MAYOR
nut es\2/27/90 - 10- 03/15/90
City Council Minutes February 27, 1990
F. D. ALESHIRE, CITY CLERK
# i nutes\2/27/90 - 11 - 0~/15/90
MINUTES OF /% REHULAR MEETINH
OF THE TEMECUL~ CITY COUNCIL
HELD MARCH 6, ~990
A regular meeting of the Temecula City 'Council was called to order
at 7:04 PM in the Community Room of the Rancho California Water
District, 28061 Diaz Road, Temecula, California. Mayor Ron Parks
presiding.
PRESENT 5
COUNCILMEMBERS:
Birdsall, Lindemans,
Moore, Muhoz,
Parks
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Frank Aleshire, City Attorney Scott
F. Field, and Acting Deputy City Clerk June S. Greek.
INVOCATION
The invocation was given by Pastor Kerry Martin of Rancho Temecula
Bible Church.
PLEDHE OF ALLEHIANCE
The audience was led in the Pledge of Allegiance by Councilmember
Peg Moore.
ANNOUNCEMENTS
PUBLIC COMMENTS
H. Steve Sander, 40213 Holden Circle, addressed the Council
regarding the confusion in street names within the community
(i.e. Jefferson/Front), and the number of streets which are
unmarked. He also suggested that the City develop street
signs for the community which would be of uniform size and
design.
Vito Bellino, 42430 Carino Place, a resident of Alta Vista,
spoke regarding his concerns with code violations occurring in
his single family neighborhood. He requested that the City
look into enforcement of CC&R's and in making sure the single
family zoning is strictly enforced.
Ronni Crossland, 30632 Hollyberry Lane, said she is still very
concerned with the development of an apartment complex on
Rancho California Road. She stated that the City should
respond to the concerns expressed by citizens during Public
Comments in a more timely manner.
Hinutes\l\9\90 - 1- 03/15/90
-- City Council Minutes January 9. 1990
Jim Allmon, 43954 Gatewood Way, addressed the Council
regarding the right of citizens to speak during City Council
meetings and the need for the City to listen to the public
comments with an open mind.
It was moved by Councilmember Moore, seconded by Councilmember
Birdsall to approve the Consent Calendar as follows:
~inutes
1.1
1.2
Approve the minutes of the meeting of February 6,
1990 as mailed.
Approve the minutes of the meeting of February 12,
1990 as mailed.
The motion carried by the following vote:
AYES: 5
· NOES: 0
ABSENT: 0
COUNCILMEMBERS:
Birdsall, Lindemans, Moore
Muhoz, Parks
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCIL BUSINESS
2. &pproval of Parcel MaD 23426 and Final Tract Map 23160
City Attorney Scott Field gave a staff report explaining the
subdivision map act procedures. He set forth the manner in
which tentative maps are approved and how the conditions are
placed on these maps. He also outlined the dates which govern
the City Council's ability to change or amend conditions on
these maps. He stated that if an application for a project
had been filed prior to June 10, 1988, the date incorporation
papers were filed; or if approval had been given by the County
prior to November 7, 1989, the date of the election ratifying
incorporation; the Council did not have the ability to make
changes. He advised that the two maps before the Council were
both in this category.
It was moved by Councilmember Muhoz, seconded by Councilmember
Moore to approve Parcel Map 23426 and Final Map 23160.
#~ nutes\l\~\~O -2- 0~/15/90
City Council Minutes January 9. 1990
The motion carried by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Birdsall, Lindemans, Moore
Muhoz, Parks
None
None
County Planning Directors Report on status of Hiring Planning
Consultant, SW&P. WInG and Traffic Issues
The City Manager, F. D. Aleshire introduced the County of
Riverside Planning Director Joe Richards. He also introduced
Ed Studor, County Road Department who will explain the traffic
issues which are addressed in the Southwest Area Community
Plan (SWAP). He advised the City Council to consider adopting
the SWAP as the City's General Plan
Councilmember Lindemans requested a presentation from the City
Attorney on the options available to the City Council with
regard to adoption of a general plan.
City Attorney Scott Field outlined the way in which a general
plan is used as the "constitution" for development within a
community. The general plan must include seven mandatory
elements which include land use, circulation, housing,
conservation, open space, noise element, and safety. In
addition he advised it can also include other elements such as
parks, etc. He advised that a newly incorporated City is not
required to adopt a general plan until 30 months following
incorporation. He also advised the Council on the advantages
and disadvantages of adopting the Southwest Area Plan stating
that the issue before the City Council is whether the plan is
generally acceptable or if the Council feels it would be
better to develop a totally new general plan.
Councilmember Lindemans questioned if the SWAP is approved by
reference does the City Council have the flexibility to look
at each project on a case by case basis. The City Attorney
responded that even when a City General Plan has been adopted,
there is flexibility to consider each case individually.
Mayor Parks asked if the City does not have a general plan
does the City staff operate under a handicap when working with
developers. County Planning Director Joe Richards responded
that the County would, during the 30 months period, use the
Hi nutes\l \9\90 -]- 0]/15/90
City Council Minutes January 9. 1990
provisions of SWAP as the general plan in the absence of an
adopted City General Plan.
Councilmember Muhoz said that he hoped the actions taken by
the City Council thus far on developments will be taken into
account by County staff when working with developers.
Councilmember Moore questioned if it would be possible to have
an overlay map showing which projects are currently approved
and which ones the City Council can still make changes to or
amend conditions.
City Manager Aleshire made the point that the general plan is
different from the zoning ordinance. The ordinance will still
be in force and the general plan will serve as another
planning tool.
Joe Richards introduced Marshall Lee of the County Planning
staff who made a presentation showing the various land uses
within the SWAP area. He addressed several housing and zoning
issues such as mobile home parks and affordable housing
considerations. He also discussed the methods in which the
plan has tried to address traffic impacts within the
industrial areas.
Ed Studor, Transportation Planning Engineer gave an overview
of the planning process from the traffic planning standpoint.
He referred to the Traffic Circulation Plan and said that the
general plan prohibits developments if traffic capacities are
exceeded. He showed how the service models were developed~and
that desired levels have been projected in the planning for
the SWAP. He also discussed several of the recommendations
for widening existing roadways and adding a traffic corridor
along the route of Butterfield Stage Road. He also stated
that the plan had considered a traffic mitigation proposal.
City Manager Aleshire asked if levels "e" and "f" in the plan
reflect levels at build-out and what the population would be
at build-out. Mr. Studor responded that additional lanes have
been recommended and other mitigation factors are recommended
in the SWAP to handle the levels expected at build-out. He
stated that future approvals will determine total population.
RBCB88
Mayor Parks declared a recess at 8:27 PM. The meeting was
reconvened at 8:43 PM with all members present.
Ninutes\1\9\90 -&- 03/15/90
-- City Council Minutes January 9, 1990
Councilmember Lindemans related a conversation he had with
Supervisor Kay Ceniceros who stated that the SWAP traffic plan
could not support the intensity of the proposed development.
Mayor Parks questioned if any Quimby Act funds have been
collected for parks expenditures in the City of Temecula. Joe
Richards advised that the County had been late in filing the
applications for these funds and he did not know the amount of
money available to the City.
Mayor Parks asked if developments outside the City boundaries,
which impact Temecula's major intersections are being made
subject to any mitigation fees.
City Attorney Field questioned if the general plan has
provisions to mitigate traffic conditions within the
circulation element. Ed Studor replied that the plan amended
the County's circulation element and a CIP plan will identify
which improvements are most needed.
Mayor Parks questioned if any consideration has been given to
a bypass road around old town Temecula. Mr. Studor answered
that this has been discussed but nothing definite has been
proposed to date.
Councilmember Lindemans asked if a master plan could be put in
place immediately. Mr. Studor responded that a master plan is
in place but the financing program is not yet fully developed.
Sydney Vernon, 30268 Mersey Court, spoke about the need for
the City to look at a general plan of its own. He stated the
County has given the City a traffic problem, high density
zoning and an unsightly antenna, the City can surely do a
better job of planning.
Jim Allmon 43954 Gatewood Way spoke regarding the need for
more careful planning and setting up a citizens workshop to
make recommendations to the City Council.
Armando A. Malanga, 40216 Calle Medusa, stated that he had
requested consideration at the previous meeting of a
moratorium on building until the appointment of the City's
Planning Commission had been made. He reiterated this request
to the Council.
Mayor Parks questioned if any bicycle and equestrian trails
are included in a recreation component of the plan. Mr.
Richards answered that these facilities are a part of the
SWAP. Mayor Parks stated he would like to have a plan to
nut es\ 1 \9\90 - 5- 01/15/90
City Council Minutes January 9. 1990
operate with during the 30 month period in which the City will
be working to develop its own general plan.
Councilmember Lindemans stated that he would like to have
citizen input on how to improve the plan.
Councilmember Birdsall asked County staff how long it took to
develop the SWAP. Joe Richards responded it has been worked
on for three years.
Councilmember Muhoz said he felt that the plan might need
updating to address the road and traffic problems. He stated
that a general plan modelled after the SWAP would be a better
alternative for the City.
Councilmember Moore stated that she would like to adopt the
plan and make the necessary changes to address the City's
specific concerns.
Mayor Parks asked if the City does not have a general plan,
can the various programs such as transportation improvements,
parks, facilities for police and fire, etc. still be pursued.
The City Attorney advised that the staff is working on
mitigation fees as suggested by the Council at previous
meetings. He explained that all projects coming to the
Council would have to agree to pay the fees that are to be
established. Therefore the Council can initiate the program
and condition the projects to pay future fees at the time they
are finalized.
Ed Studor stated that commercial development is the highest
generator of traffic and should be looked at very carefully.
He also discussed the fees in place currently for traffic
signal mitigation.
Mayor Parks asked how can the City identify how the fees being
collected by the County on developments are made available to
the community.
Joe Richards replied that this should be covered ~t the staff
level by City and County staff and a report should then be
made to the City Council.
Councilmember Birdsall asked how effective car pool/van pool
requirements for employers will be on the traffic situation.
Mr. Richards stated that this can be very effective if the
AQMD is able to implement and enforce these programs.
nut es\1\9\90 -6- 03/15/90
- City Council Minutes January 9. 1990
The City Attorney advised the Council that if they choose to
adopt the SWAP they would want to adopt it in the form of a
stand alone document. He suggested that the staff be directed
to use the SWAP and the Riverside County General Plan as a
basis for developing a new general plan within the next 30
months. This would allow the planning commission and staff to
have guidelines when working with developers.
It was moved by Councilmember Lindemans, seconded by
Councilmember Muhoz to instruct the staff to draft a
resolution spelling out the City's use of the Riverside County
General Plan and the SWAP as guidelines for development.
The motion was unanimously carried.
Mr. Richards advised that due to the time spent on the SWAP
during tonight's meeting, the briefing on WRAG would be put of
until a later date.
Mayor Parks thanked the County of Riverside staff for their
presentations.
City Manager Aleshire reported that the County is hoping to
name a planning consultant within the next week to ten days
who will begin to work on the fee schedule matters, traffic
and circulation plans, etc.
Mello Roos Co-mittee Report
City Manager Aleshire said the committee is close to finishing
the resolution of intent which should be on the Council agenda
of March 13, 1990.
CITY MANAGER REPORTS
NO report
CITY ATTORNEY REPORTS
No report
CITY COUNCIL REPORTS
Councilmember Mu~oz asked if the City Manager has any further
information on joint use agreements in process between the
City and School District· The City Manager responded that
Bill Holley is working with CSA-143 at this time and will be
nutes\l\9\90 -7- 03/15/90
City Council Minutes January 9, 1990
providing the City with detailed reports on City/School joint
use.
Mayor Parks announced upcoming events and asked the
Councilmembers to advise him if they were able to attend any
of these functions. Councilmember Birdsall stated she would
be able to attend the Riverside County Fire Department Awards
Dinner on March 24, 1990.
Councilmember Muhoz asked that a policy be developed regarding
petitions submitted to the City for following up on them. He
also requested a status report on the Rancho Valencia
Apartments project.
It was moved by Councilmember Moore, seconded by Councilmember
Birdsall to adjourn at 9:50 PM to a regular meeting to be held
on March 13, 1990 at 7:00 PM in the Temecula Community Center,
28816 Pujol Street, Temecula, California. The motion was
unanimously carried.
ATTEST:
RONALD J. PARKS, MAYOR
F. D. ALESHIRE, CITY CLERK
# ~ nutes\l%9%90 - 8- 03/15/90
OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR
COUNTY OF RIVERSIDE
LeRoy D. Smoot
Road Commissioner and
County Surveyor
County Administrative Center
Mailing Address: PO Box 1090
Riverside, CA 92502
Telephone (714) 787-6554
March 9, 1990
SUBMITTAL TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TEMECULA
FROM: Acting City Engineer for the City of Temecula
SUBJECT: Tract Map 19872 in the First Supervisorial District
SPECIFIC REQUEST:
Pursuant to the Subdivision Map Act and local ordinance it
is REQUESTED that the City Council approve said map.
All required certificates and documents have been filed and
the map is ready for recordation.
Ivan F. Tennant
Acting City Engineer
IFT:GAS:MSB:rdb
The City of Temecula
Re: Tract 19872
2
March 9, 1990
The developer wishes to enter into the following agreements to
cover the improvements within this subdivision for:
IMPROVEMENT OF STREETS (Bond No. 115-17-83)
WATER DISTRIBUTION SYSTEM (Water to be supplied by Rancho
California Water District) (Bond No. 115-17-83)
SANITARY SEWER SYSTEM (Service to be provided by Eastern
Municipal Water District) (Bond No. 115-17-83)
SETTING OF LOT STAKES AND SUBDIVISION MONUMENTS (Bond No.
115-92-65)
MATERIALS AND LABOR (Bond No. 115-17-83) in the amount of
$169,000 is also attached.
Also submitted herewith is Tax Bond No. 115-92-66 the amount of
$19,400.
The above referenced bonds are issued by Insurance Company of the
West.
This map complies in all respects with the provisions of Division
2 of Title 7 of the Government Code and applicable local
ordinances.
The dedications made on said map are for:
1. Lots "A" through "D" and the abutters rights of access
are dedicated to public use for public street and public
utility purposes and as part of the City Maintained Road
System.
2. Lot "E", 1 foot barrier strip is dedicated to the City
of Temecula for street and access control purposes.
3. Drainage easements are dedicated to public use.
OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR
D!~A.R~
IIOAD CC~4M!~IOh'~ & COLfiq'~Y S~RV~OR
February 28, 1990
COUNTY AD~'~iISTRATIV~
HAILING
P.O. BOX 1090
R,'VT..RSU~. C&LJTORNIA 92~02
(7~4) 787.6554
FROM:
Re:
County Counsel
County Surveyor and Road Commissioner
Subdivisions
Tract No 19872
The following are hereby submitted to your office
to forrag
for approval u
Aurcw~nt s Bond No. Amount
Streets XXX 115 17 83 $243,000
Water XXX 115 17 83 S 42.000
Sewer XXX 115 17 83 S 53.000
Monuments XXX 115 92 65 $ 15,800
Material and Labor XXX 115 17 83 S169.000
Other- Tax Bond XXX 115 92 66 S 19,400
The amounts in the agreements and bonds have been checked by this
office and are correct as shown above.
Developer for this tract:
H.R. Remington Properties, L.P.
3 Monarch Bay Plaza, Ste. 202
Laguna Niguel, CA 92677
Bonding Company,
Insurance Company of the West
10140 Campus Point Drive
SanDiego, CA 92121-1520
Attachments
Byg
PLEASE CAT.T. THIS OFFICE WHEN READY
Extension - 2531
COUNTY ADM~TRATW~ CENTER * 4080 LEMON STREET · RIVERSIDE, CALIFORNIA 92501
TRACT MAP 19872
'TO ~G~,LF_
OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR
COUNTY OF RIVERSIDE
LeRoy D. Smoot
Road Commissioner and
County Surveyor
County Administrative Center
Mailing Address: PO Box 1090
Riverside, CA 92502
Telephone (714) 787-6554
March 9, 1990
SUBMITTAL TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TEMECULA
FROM: Acting City Engineer for the City of Temecula
SUBJECT: Tract Map 19872-5 in the First Supervisorial District
SPECIFIC REQUEST:
Pursuant to the Subdivision Map Act and local ordinance it
is REQUESTED that the City Council approve said map.
All required certificates and documents have been filed and
the map is ready for recordation.
Ivan F. Tennant
Acting City Engineer
IFT:GAS:MSB:rdb
The City of Temecula
Re: Tract 19872-5
March 9, 1990
The developer wishes to enter into the following agreements to
cover the improvements within this subdivision for:
IMPROVEMENT OF STREETS (Bond No. 115-17-81)
WATER DISTRIBUTION SYSTEM (Water to be supplied by Rancho
California Water District) (Bond No. 115-17-81)
SANITARY SEWER SYSTEM (Service to be provided by Eastern
Municipal Water District) (Bond No. 115-17-81)
SETTING OF LOT STAKES AND SUBDIVISION MONUMENTS (Bond No.
115-17-82)
MATERIALS AND LABOR (Bond No. 115-17-81) in the amount of
$186,000 is also attached.
Also submitted herewith is Tax Bond No. 115-92-67 the amount of
$22,000.
The above referenced bonds are issued by Insurance Company of the
West.
This map complies in all respects with the provisions of Division
2 of Title 7 of the Government Code and applicable local
ordinances.
The dedications made on said map are for:
1. Lots "A" through "D" inclusive for public street and
public utility purposes and as part of the City
Maintained Road System.
2. Lot "E", 1 foot barrier strip is dedicated to the City
of Temecula for street and access control purposes.
3. Drainage easements are dedicated to public use.
OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR
February 28, 1990
I~oy D. Smoot
ROAD CO~M~ON~R & ~ SURVEYOR
TO: County Counsel
FROM
County Surveyor and Road Co~tssioner
Subdivisions
Tract No 19872-5
COL.~NTY ADHINISTRATIVE CENTER
MAILING ADDRESS:
P.O. BOX
RIVT..I~IDtr. CAU£ORNLA 92~O2
(?t4) 787-6554
The following are hereby submitted Co your office for approval as
to form:
Agreements R~ndNo. Amount
Streets XXX 115 17 81 $253.000
Water XXX 115 17 81 S 52,000
Sewer XXX 115 17 81 S 67,000
Monuments XXX 115 17 82 S 16.500
Material and Labor XXX
115 17 81
S186,000
Other - Tax Bond
115 92 67 ~ 22 000 C-
The amounts in the agreements and bonds have been checked by this
office and are correct as shown above.
Developer for this trace:
H.R. Remington Properties, L.P.
3 Monarch Bay Plaza, Suite 202
South Laguna, CA 92677
Bonding Company:
Insurance Company of the West
10140 Camgus Point Drive
San Diego, CA 92121-1520
Attachments
By:
PLEASE CAT.T. THIS OFFICE WF~.N READY
Extension - 2531
COUN'rY ADMINISTRATIV~ CENTER * 4080 ! I:'MON STREET * RIVERSIDE, CAUFORNIA 92501
TRACT NO. 19872-5
VICIMIT'¥ MAP
NOT' TO 5E.,ALE5
Pr(~ect Dest~n Consultants
File: 710.10
February 27, 1990
Frank Aleshire, City Manager
city of Temecula
P.O. Box 3000
Temecula, CA 92390
SUBJECT: Temecula Creek Inn
Dear Mr. Aleshire,
At the request of Jeff Adams of the County of Riverside, and
per conversations with Randi Coopersmith, i am enclosing a
complete set of the Temecula Creek Inn Plot Plan approval
drawings. These prints are identical to those recently
approved by tile County of Riverside. Jeff Adams should be
forwarding the County's other information directly to you.
As we understand it, this project can proceed to the Temecula
City Council without delay and may even be put on the consent
agenda. Please let us know when this item will be scheduled
for Council hearing.
Sincerely,
hrie, AIA
Project Planner
JBG/kjb
C:
Randi Coopersmith
Gus Colachis, JC Resorts
TO
CITY OF TEMECULA
FROM:
COUNTY PLANNING DEPARTMENT
This item should be:
Set and noticed for public hearing
Placed on agenda as a receive and file item
ction taken at your discretion
qaV' L i courlc.
'PLArlnil DE A CmEnC
m~TE: January 8, 1990
RE: Plot Pl&n Ne. 11505 Am,'S ~
I~1ona1 TMB I~. 5
Mr ~l~11cmrt:
On Jpnuary 8.1990 the Riverside County ~ Plannfng Director []
Planning Cemlsslon L] Board Of Supervisors took the following action on the
above referenced plot plan:
XX
APPROVED the Plot Plan,
contit tl ms.
APPROVED the Plot Plan,
emended cad1 ttons.
APPROVED the Plot Plan,
&tgched COlldt ttons.
APPROVED the Plot Plan,
attached amended conditions.
UPHELD the &ppeal.
DENTED the appeal.
Revised Exhtbtt
Revised Ex~tbtt
Exhtbtt , subject to the attached
ExhtbttA.Amd.~, subject to the attached
· subject to the
, subject to the
APPROVED the ~THDRAW/~ of the appeal request.
APPROVED the ¥ITIIDRAliAL of the Plot Plan.
DENIED the Plot Plan based on the attached findings.
ADOPTED the
Uoted above.
Negative Oeclaratton on the Environmental Assessment
This action may the [] Planntng Cematssion [] Board of
Supervisors within ~n 4ppemled
(10) clays o~ the date of this notlce.. The &ppeal must
be lade in wtttng and submitted vtth a fee fn accordance with the fee
schedule to the Ipproprtate department. An appeal of any condition
COnStitutes an appeal of the &cttOn is a ~hole &rid requires & nay publtc
keartng before the I~p~oprlate heartrig body.
Very truly yours,
JSA: kcb
RIVERSIDE COUNTY PLANNING DEPARTMENT
Roger S. Streeter, Henning MPector
,.lef~r~'~'s.~A~a' ~- P1 anner
~S-43
lilwtSed
8-10.48
IMVEI~IDE, CAUFORNU~ e~501
(714) 7i7~181
46,209 OASIS STREET. ROOM 304
INDIO. CALIFORNIA 02201
(619) 342-827?
DATE: January 8, 1990
RiVERJ)iDE county
PLAnninG Di:.- ARQTIEnc
SURI~YOR
ROAD
891Li)1~ ~ ~
FLOOO COlITROL
HEALTH
FIRE 'PROTECTION
RE: Plot Plan No. 11505 An~nd~d N. 1
Environmental Assessment go. 336R~
Regtona1 Team No. 5
On January8. 1990 the Riverside County [ X~ Planning Director [ ]
Planning Cosmission L J Board of Supervisors took the following action on
the above referenced plot plan:
APPROVED the Plot Plan, Exhibit
attached condtttons.
APPROVEO the Plot Plan, Exhibit A. Amended #1
attached amended condt ttons.
APPROVEO the Plot Plan, Revised Exhibit
the attached contit tt OhS.
APPROVEO the Plot Plan, Revised Exhibit
the attached mended conditions.
UPHELO The appeal.
DE)flED the appeal. -"
APPROV£O the ¥II140RAWAL of the appeal request.
APPROVEO the WITHORAWAL of the Plot Plan.
DENlEO the Plot Plan based on the attached findings.
ADOPTED the
noted above.
, subject to the
, subject to the
, subject to
, subject to
Negative Oeclaratton on the Environmental Assessment
All actions are final ten (10) days after the date of this notice unless an
appeal is ftled within that pertod.
12-16-88
tO80 LEMON STREET. 9TM FLOOR
:~IVEFI~iDE. CALIFORNIA 92501
714) 787.~181
Very truly yours,
RIVERSIDE COUNTY PLANNING DEPARTMENT
Roger S. Streeter, P1 anntng Dt rector
P1 anne r
46-209 OASIS STREET. ROOM 304
INDIO. CALIFORNIA 92201
(619) 342-8277
LAND USE: Category I1
OPEN SPACE/CONS.: Not Designated as Open Space
COMMUNITY POLICIES: City of Temecula, 1-15 corridor
PLANNING DZRECTOR'S HEARZNG
CASE SUMMARY
CASE NO. Plot Plan No. 11505, Amended No. 1
PRCklECT DESCRIPTION AND LOCATION: Addition of
lounge, and spa to existing golf course and hotel.
AREA/DISTRICT: Temecula
SPHERE OF INFLUENCE: City of Temecula
GENERAL PLAN:
a.
b.
C.
ZONING:
a. SITE: R-R
b. ADJACENT: R-R, R-l, R-4
LAND'USE/AREA DEVELOPMENT:
a. SITE: Golf Course, Vacant Land
DATE: 1/8/90
E.A. No. 33689
rooms, lobby, restaurants,
b. ADJACENT: Single and Multi-Family Residential, 1-15 Freeway, Vacant
Land..
MAJOR ISSUES:
RECOMMENDATION: ADOPTION of a Negative Declaration for E.A. 3368g and APPROVAL
of Plot Plan No. 11505 Amended No. 1 based on the following:
1. The project is consistent with the General Plan.
2. The proposal is compatible with area development.
3. The project will not have a significant effect on the environment.
JA:mp
PLANNING DIRECTOR'S HEARING DATE: JANUARY 8, 1990
RIVERSIDE COUNTY PLAIIffIffG DEPARTIEIT
COIIDITIINISOF APPROVAL
J. C. Resorts
533 Coast Blvd. South
La Jolla, CA 92037
PLOT PLAN IK). 11505, NEIIDED NO. 1
Project Description: Addttton of rooms, lobby
recreation areas to extsttng golf course.
Assessor's Parcel No.: 922-220-002, 003, 004,
007, 008
g22-230'-002, 003, 004,
007, 008
District/Area: Tomecula
The use hereby permitted by thts plot plan ts for the addit1on of 201
hotel rooms, lobby, restaurants, launge, meeting rooms, tennis factlity
and hea~th spa ~o an existing golf course. (Corrected at Director's
Hearing on 1/08/90)
®
The penntttee shall defend, Indemnify, and hold hamless the County of
Riverside, its agents, officers, and employees from any claim, actton, or
proceeding against the County of Riverside or 1rs agents, officers, or
employees to attack, set aside, void, or annul, an approval of the County
of Riverside, its advisory agencies, appeal boards, or legislative body
concerning PLOT PUUl I10. 11505, MEIIDED ~0. I . The County of Riverside
will promptly notify the permittee of any such claim, action, or
proceeding against the County of Riverside and will cooperate fully tn the
defense. If the County fails to promptly notify the permittee of any such
claim, action or proceeding or fails to cooperate fully in the defense,
the permittee shall not, thereafter, be responsible to defend, indemnify,
or hold harmless the County of Riverside.
Thts approval shall be used wtthtn two (2) years of approval date;
otherwise tt shall become null and void and of no effect whatsoever. By
use ts meant the beginning of substantial construction contemplated by
this approval wtthtn the two (2) year period whtch ts thereafter
diligently pursued to cenpletton, or the beginning of substantial
utilization contemplated by thts approval.
e
The develol~ent of the premtses shall confore substantially wtth that as
shown on plot plan mrked Exhtbtt A, knended No. 1, or as amended by these
conditions.
5. In the event the use hereby permitted ceases operation for a pertod of one
(1) year or more, this approval shall become null and void.
Any outside 1tghttng shall be hooded and directed so as not to shtne
dtrectly upon adjoining property or publtc rights-of-way, and shall comply
with Ordinance No. 655.
PLOT PLAII BO. 11S05, AMD. JlO. I
C,o~dltto~u of Approval
Page 2
o
The applicant shall comply with the street improvement recommendations
outlined in the County Road Department transmittal dated
1-08-90; a copy of which is attached. (Amended per Oirector*s Hearing on
1-08--90)
8. Water and sewerage disposal facilities shall be installed in accordance
with the provisions set forth in the Riverside County Health Department
transmittal dated 1-08-90, a copy of which is attached. (Amended per
Director's Hearing on 1-08-90)
9. Flood protection shall be provided in accordance with the Riverside County
Flood Control District transmittal dated 12-22-Bg, a copy of which is
attached.
10. Fire protection shall be provided in accordance with the appropriate
section of Ordinance $46 and the County Fire Wardan's transmittal dated
12-13-89, a copy of which is attached.
11. The applicant shall comply with the recommendations set forth in the
Department of Building and Safety Land Use Section transmittal dated
12-13-89, a copy of which is attached.
12. The applicant shall comply with the recommendations set forth in the
Department of Building and Safety - Grading Section's transmittal dated
12-20-89, a copy of which is attached.
13. The applicant shall comply with the recommendations set forth in the
Riverside County Geologist's transmittal dated 12-14-89, a copy of which
is attached.
14. All landscaped areas shall be planted in accordance with approved
landscape, irrigation and shading plans prior to the issuance of occupancy
permits. An automatic sprinkler system shall be installed and all
landscaped areas shall be maintained in a viable growth condition.
Planting within ten (10) feet of an entry or exit driveway shall not be
permitted to grow higher than thirty {30) inches.
15. Prior to the issuance of building permit, six (6) copies of a Parking,
Landscaping, Irrigation, and Shading Plans shall be submitted to the
Planning Department for approval. The location, number, genus, species,
and container size of the plants shall be shown. Plans shall meet all
requirements of Ordinance No. 348, Section, 18.12, and shall be
accompanied by a filing fee as set forth in Section 18.37 of Ordinance No.
348.
PLOT PlJII I10. 1150~, /11~. I10. !
Comlttto, s of/~proval
Page 3
17.
18.
19.
20.
A mtntmum of 680 parktng spaces shall be provtded tn accordance wtth
Sectton 18.12, Riverside County Ordinance No. 348. 660 parktng spaces
shall be provtded as sho~n on the Approved Exhtbtt A, Amended No. l. The
parktng area shall be surfaced wtth aspbaltic concrete pavlng to a mtntmum
depth of 3 1riches on 4 tnches of Class ]! base.
be as
A mtntmum of efght (8) handicapped parktng spaces shall provtded
shown on Exhibit A, Amended No. l~ Each parktng space reserved for the
handicapped shall be 1denttried by permanently afftxed reflectortzed
stgn constructed of porcelain on steel, beaded text or equal, displaying
the !nternattonal $~mbo] of Accessibility. The stgn sha]l not be smaller
than 70 square tnches tn area and shall be centered at the tntertor end of
the parktng space at a mtntmum hetght of 80 tnches from the bottom of the
sign to the parktng space lintshed grade, or centered at a mtntmum hetght
of 36 inches from the parktng space ftnished grade, g~ound, or sfdewalk.
A stgn shall also be posted tn a conspicuous place, at each entrance to
the off-street parking facility, not less than ~7 tnches by 22 inches in
stze with lettering not less than ! inch in height, which clearly and
conspicuously states the following:
"Unauthorized vehtcles not displaying distinguishing placards or
11cense plates issued for physically handicapped persons may be towed
away at owner's expense. Towed vehfcles may be reclaimed at
or by telephoning ."
!n additton to the above requirements, the surface of each parking place
shall have a surface Identification stgn duplicating the s~mbol of
accessibility tn blue patnt of at least 3 square feet in stze.
Prior to the issuance of a butldtng permit, the applicant shall obtatn
clearance and/or permits from the following agencies:
Road Department
Environmental Health
Building and Safety - Grading
Riverside Flood Control
Ftre Department
Written evidence of compliance shall be presented to the Land Use Division
of the Department of Butlding and Safety.
Prtor to the tssuance of building permits the following additional and/or
revtsed plans shall be submitted for Planntng Department approval:
Stgntng Program
Landscaping, Irrigation, Parktng and Shadtng Plans
Butldtng elevations shall be in substantial conformance wtth that shovm on
Exhibit B.
PLOT PL~ RO. IlSOS, AIO. IJO. 1
Conditions of Approval
Page 4
21.
22.
23.
24.
25.
26.
27.
28.
29.
Materials used tn the construction of all bullding shall be tn substantial
conformance wtth the shown on Exhtbtt M-2 (Color Elevations) and Exhibit
M-! (l~atertals Board). These are as follows:
Use Matefta1 .Color
Roof
Stdtng
Trtm
Veneer
Ftnfsh
Wtndow frame
Light weight mineral shake
Wood
Wood
Riverrock
Stucco (sand finish)
Anodized aluminum
Natural
Taupe (Olympic stain)
No. 74 Cocoa {Ounn Edwards}
Natural
No. X-46 Misty (La Habra)
Medium bronze
Roof-mounted equipment shall be shielded from ground view. Screening
material shall be subject to Planning Department approval.
Approximately twenty (20) trash enclosures which are adequate to enclose a
total of twenty (20) bins shall be located within the project, and shall
be constructed prior to the issuance of occupancy permits. Each enclosure
shall be six feet in height and shall be made with mansory block and a
gate which screens the bins from external view.
Landscape screening shall be designed to be opaque up to a minimum height
of six (6) feet at maturity.
Landscaping plans shall incorporate the use of specimen canopy trees along
streets and within the parking areas.
All existing specimen trees on the subject property shall be preserved
wherever feasible. Where they cannot be preserved they shall be relocated
or replaced with specimen trees as approved by the Planning Oirector.
Any oak trees removed with four (4) inch or larger trunk diameters shall
be placed on a ten (!0) to one (1) basis as approved by the Planning
Otrector.
All street lights and other outdoor lighting shall be shown on electrical
plans submitted the Department of Building and Safety for plan check
approval and shallt°comply with the requirements of Riverside County
Ordinance No. 655 and the Riverside County Comprehensive ~eneral Plan.
This project is located within a Subsidence Report Zone. Prior to
issuance of any butldtng permit by the Riverside Cunty Department of
Butldtng and Safety, a California Licensed Structural Engineer shall
certify that the intended structure or building is safe and structurally
integrated. This certification shall be based upon, but not oe 1tmtted to,
PLOT PLAII JlO. 11505, AIqD. JlO. 1
Coedtttmu of Approval
Page 5
30.
the stte spectftc setsmtc, geologic, and geothechntcal
hazard of subsidence or ftssure development ts
appropriate mitigation measures must be demostrated.
conditions. Where
determined to extst,
Prtor to the tssuance of gradtrig permits, the applicant shall comply wtth
Ordinance No. 663 by paytrig the fee requtred by that ordinance which ts
based on 26.40 acres of the parcels proposed for development. Should
Ordinance No. 663 be superceded by the provisions of a Habttat
Conservation Plan prior to the payment of the ffes requtred by Ordinance
No. 663, the applicant shall pay the fee requtred under the Habttat
Conservation Plan as Implemented by County ordinance or resolution.
32.
Prior to issuance of building pemtts, performance securities, tn amounts
to be determined by the Dtrector of Building and Safety to guarantee the
installation of plantings, vralls and fences tn accordance with the
approved plan, and adequate maintenance of the planting for one year shall
be filed with the Director of Building and Safety.
Prior to tssuance of occupancy pemtts, all requlred landscape planting
and trrlgatton shall have been tnstal]ed and be tn a condition acceptab]e
to the Director of Butldlng and Safety. The plants shall be healthy and
free of ~eeds, dtsease or pests. The irrigation system shall be properly
constructed and in good verktng order.
33. All utilities, except electrical lines rated 33kV or greater, shall be
Installed underground.
34.
35.
The applicant shall mark the curb red along Rainbow Canyon Road to
prohibit parking.
Prtor to any use allowed by thts Plot Plan, the applicant shall obtatn
clearance from the Department of Butldtng and Safety - Land Use Section
that the uses found on the subject property are in conromance wtth
Ordinance No. 348.
36. All of the foregoing conditions shall be complted with prtor to occupancy
or any use allowed by thts pemtt.
JA:mp
OFFICE OF ltOAD COMMISSIONER & COUI~'Y SURVEYOR
January 8, 1990
COUNTY ADt4D41STRA"J'P~T CD4TT. R
HAI~Q, IG
P.O. 9OX 1090
R.IV!~SE)[. CAUlrORNIA 92502
(1'14) 787~554
Riverside County Planning Commission
4080 Lemon Street
Riverside, CA 92501
Ladies and Gentlemen:
(Resort)
Res Plot Plan 11505 - Amend
Team 5 - S~D #9
AP %111-111-111-9
*As ~u~ended at D.H. 1-8-90
With respect
referenced item,
reco~aendations ~
to the conditions of
the Road Department
approval for the above
has the following
Prior to issuance of a building permit or any use allowed by this
permit, the applicant shall complete the following conditions at
no cost to any government agencys
Sufficient right of way along Rainbow Canyon Road shall be
conveyed for public use to provide for a 88 foot full width
right of way.
Prior to issuance of a building permit or any use allowed
by this permit, the developer shall deposit with the
Riverside County Road Del~r~ent the sum of $66,000.00
towards mitigating traffic impacts for signal require-
ments.
This amount represents 26.40 acres x $2,500.00 per gross
acre - 66,000.00. The resmining 315.40 acres is developed
and existing.
Prior to occupancy or any use allowed by this permit, the
applicant shall construct the following at no cost to any
government agencyt
o
Rainbow Canyon Road'shall be improved with concrete curb
and gutter located 52 feet fro~ centerline and match up
asphalt concrete paving; reconstruction; or resurfacing of
existing paving as determined by the Road Commissioner
COUNTY ~11V[ ~ · 4080 LIGON ~ * ~, CAI.IFORIq!A 92501
Plot Plan 11505 - ,~mend #1
!~ee~mbe~,o2~,~-~989- January 8, lggO
Page 2
witkin a 88 foot full width dedicated right of way in
accordance wXth modified County Standard No. 111, wi~h the
exception of the two driveway entrances which will
transition to a 60'/88' as approved by the Road
C~missioner.
®
Asphelt emulsion (fog seal) shall he 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 ~he State Standard Specifications.
*5.
Six =fuo~ ~lde- ~.xet~ r; ae~.- ~ k- -s~a/~ ~e-~w~~ ~te~2 =
®
Improvement 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 ~he
Riverside County Road Coauntssioner. Completion of
road improvements does not imply acceptance for main-
tenance by County.
Major drainage is involved on this project and its
resolution shall be as approved by the Road Commissioner.
Drainage control shall be as per Ordinance 460, Section
11.1.
®
All work done within County right of way shall have an
encroachment permit.
10.
ltll driveways shall
County Standards
lmpzx~m~ent plans.
conform to
and shall
the applicable Riverside
be shown on the street
11.
All entrance driveways shell be channelized with concrete
curb and gutter to prevent 'beck-on' parking and interior
drives from entering/exiting driveways for a minimum
distance of 50 feet measured fr~n face of curb.
12.
The street design and Improvement concept of this project
shall be coordina~ed with PP 10724.
13.
S~reet lighting shall be required in accordance with
Ordinance 460 and 461. The County Service Area (CSA)
Adminis~rator determines whe~r this proposal qualifies
under an existing assessment district or not. If not, the
land owner shall file, after receiving tentative approval,
*As deleted at D.H. 1-8-90
Plot Plan 11505 - Amend #1
Beeeebe~-~-~989- January 8, 1990
· Page 3
14.
15.
16.
LJ~ Jw
for an application with LAFCO for annexation into or
creation of a 'Lighting Assessment District' in accordance
with Governmental Code Section 56000 or as approved by the
Road Com~issioner.
All private and public entrances and/or intersections
opposite th~s project shall be coordinated with ~his
project and shown on ~he street improve~nt plans.
A s~riping plan is required for Rainbow Canyon Road. The
re,oval of ~he existing striping shall be the
responsibility of applicant. Traffic signing and striping
shall be done by County forces with all incurred costs
borne by,he applicant.
Any landscaping within public road rights of way shall
co~ply wi~h Road DeparU~ent standards and r~quire approval
by the Road Commissioner and assurance of continuing
maintenance through the establishment of a landscape
maintenance district/maintenance agreement or similar
mechanism as approved by the Road Coa~issioner. Landscape
plans shall be submitted on standard County Plan sheet
format (24' x 36"). Landscape plans shall be submitted
with the street improvement plans and shall depict only
such landscaping, irrigation and related facilities as are
to be placed within the public road rights-of-way.
Ve~f truly yours,
Lee Johnson
-*~echnlcal Eng. Unit Supervisor
County of Riverside
DEPARTMENT OF HEALTH
~'TI:
.~IVER~IDE COUNTY PLANNING DEPT.
/i~TN: ~eff Adams
IE:
lATE: 0i-08-9o
IRONMENTAL HEALTH SPECIALIST IV
PLOT PLAN 11505, Amended No. 1
The Envxronmental Health $ervxces has revxewed Plot
Plan 11505 and has no ob3ectxons. $anxtarv sewer and
water $ervxces are available in thxs area. Prxor to
buildxna Dian submxttals. the followlno xtems wxll be
submitted:
1. "Will-serve" letters from the water and
aoe~c 1 eS .
2. If there are to be any hazardous materials. a
cle%ra~qg_lett~? from the Environmental Health
Services Hazardous Materials Manaaement Branch
~Jon Mohoroski. 358-5055). will be reou~red
ind~catxno that the Dro.~ect has been cleared for:
a. Underoround $toraoe tanks.
b. Hazardous Waste Generator Services.
Hazardous Waste D~sclosure ~n
accordance w~th AB
d. Waste reduction manaoement.
SM:tac
cc: 3on Mohoroski. Hazardous Materials Branch
11 m9o
DOH-GA.002 (Flev. 11/~1)
KF.~I~r'rH L.. F.D~AFID$
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
RIVERSIDE. CALIFORNIA 92502
December 22, 1989
1995 MARKET ~rREET
P.O. BOX 1033
TEI.,EPHONE (714) 787-2015
FAX NO. (714) 788-9965
Riverside County
Planning Department
County Administrative Center
Riverside, California
Attention:
Regional Team No. 5
Jeff Adams
Ladies and Gentlemen:
Re: Plot Plan 11505
Amended No. 1
This is a proposal to add new buildings to existing hotel facili-
ties in the City of Temecula. The site is located along the east
side of Rainbow Canyon Road south of Pala Road.
This originally was Plot Plan 10724 which proposed an extension
to the golf course. A new plot plan was required for the addi-
tional buildings. Runoff is tributary to the site from the hills
to the southwest. The developer proposes to realign Rainbow
Canyon Road adjacent to this site. A portion of the offsite
flows would be collected in a storm drain in the west side of
Rainbow Canyon Road conveyed through the site and outletted onto
the existing golf course.
A watercourse would drain to a parking lot adjacent to the spa.
The drainage area is difficult to determine due to surface mining
and grading on the southwest side of Rainbow Canyon Road. It is
unclear how much flow would travel northerly in Rainbow Canyon
Road or cross the road draining to the parking lot. The
developer should provide a hydrology study to determine if addi-
tional flood control facilities are required to carry these flows
from the parking lot to the golf course.
Following are the District's recommendations:
A hydrology study should be performed to determine the
amount of runoff tributary to the parking lot adjacent to
the proposed spa. If the streets do not have capacity to
convey these flows through the site additional flood con-
trol facilities will be required.
®
Drainage facilities outletting sump conditions should be
designed to convey the tributary 100 year storm flows.
Additional emergency escape should also be provided.
Riverside County
Planning Department
Re: Plot Plan 11505
Amended No. 1
-2-
'December 22, 1989
Onsite drainage facilities located outside of road right
of way should be contained within drainage easements.
Drainage easements shall be kept free of buildings and
obstructions.
A copy of the improvement plans and grading plans along
with supporting hydrologic and hydraulic calculations
should be submitted to the District for review and ap-
pr6val prior to the issuance of grading or building
permits.
Questions concerning this matter may be referred to Kris Flanigan
of this office at 714/787-2333.
c: Markham and Associates
y~, truly ~ rs,
KF:slw
PLANNING & P..NGINF.~RING
46-2O90AmS STREET, SUITE 4O5
nqDIO, CA 92201
(619) 342.8886
RIVERSIDE COUNTY
FIRE DEPARTMENT
IN COOPERATION WITH THE
CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
GLEN J. NEWMAN
FIRE CHIEF
12-13-89
PLANNING & ENGINEERING
376O 12TH STREET
RIVERSIDE, CA 92501
(714) 787-66O6
TO:
PLANNING DEPARTNENT
NIKE BACON
PLOT PLAN 11505 A~ENDED ~1
With respect to the conditions of approval regarding the above referenced
plot plan, the Fire Department recommends the following fire protection
measures be provided in accordance with Riverside County Ordinances and/or
recognized fire protection standards:
The Fire Department is required to set a minimum fire flow for the
remodel or construction of all commercial buildings using the procedure
established in Ordinance 546.
o
Provide or show there exists a water system capable of delivering 4000 GPM
for a 3 hour duration at 20 PSI residual operating pressure which must
be available before any combustible material is placed on the Job site.
0
The required fire flow may be adjusted at a later point in the permit
process to reflect changes in design, construction type, area separation
or built-in fire protection measures.
4. Applicant/developer shall furnish one copy of the water system plans to
the Fire Department for review. Plans shall conform to the fire hydrant
types, location and spacing, and, the system shall meet the fire flow
requirements. Plans shall be signed/approved by a registered civil
engineer and the local water company vith the foil,ring certification:
"I certify that the design of the water system is in accordance with
the requirements prescribed by the Riverside County Fire Department."
5. A combination of on-site and off-site super fire hydrants, on a looped
system (6"x4"x2~xe~), viii be located not less than 25 feet or more than
165 feat from any portion of the building as measured along approved
vehicular travelways. The required fire flow shall be available from
any adjacent hydrant(s) in the system.
o
Install a complete fire sprinkler system in all buildings requiring a
fire flow of 1500 GPM or greater. The post indicator valve and fire
department connection shall be located to the front, within 50 feet of
a hydrant, and a minimum of 25 feet frma the building(s). A statement
that the building(s) will be autmaatically fire sprinklered must be
included on the title page of the building plans.
RE: PP 11505 Page 2
Install a supervised water flow monitoring fire alarm system. Plans must be
submitted to the Fire Department for approval prior to installation, as per
Uniform Building Code.
e
In lieu of fire sprinkler requirements, building(s) must be area separated
into square foot compartments, approved by the Fire Department, as per
Section 505 (e) of the Unifor~ Building Code.
9. A statement that the building will be automatically fire sprinklered
~ust appear on the title page of the building plans.
10. Occupancy separation will be required as per the Uniform Building Code,
Section 503.
11. Install panic hardware and exit signs as per Chapter 33 of the Uniform
Building Code.
12. Certain designated areas viii be required to be maintained as fire lanes.
13. Install a manual pull, smoke detection system as required by the Uniform
Building Code and National Fire Protection Association.
14. Install portable fire extinguishers with a minimum rating of 2A-10BC.
Contact certified extinguisher company for proper placement of equipment.
15.
Install a hood duct fire extinguishing system. Contact a terrified fire
protection company for proper placement. Plans must be approved by the
Fire Department prior to installation.
16.
Prior to issuance of building permits, the applicant/developer shall be
responsible to submit a check or money order in the amount of $413.00 to
the Riverside County Fire Department for plan check fees.
17.
Prior to the issuance of a building permit, the developer shall deposit
with the Riverside County Fire Department, a cash sum of 25¢ per square
foot as mitigation for fire protection impacts.
18. Final conditions will be addressed when building plans are reviewed in
Building and Safety.
All questions regarding the meaning of the conditions shall be referred to the
Fire Department Planning and Engineering staff.
RAYI4OND H, REGIS
Chief Fire Department Planner
Laura Cabral, Fire Safety Specialist
ml
December 20, 1989
Administrative Center. 1777 Atlanta Avenue
Riverside, CA 92507
.Riverside County Planning Department
Attention: Jeff Adams
County Administrative Center
4080 Lemon Street
Riverside, CA 92501
RE: Plot Plan 11505, Exhibit A, Amended #1
Ladies and Gentlemen:
The Land Use Division of the Department of Building and Safety
has the following comments and conditions:
If the proposed project is to be "phased," an approved exhibit
indicating which structures and on-site improvements are
required for each "phase" should be required.
An additional plot plan or an approved exhibit for on-site
signage will be required.
Prior to the issuance of building permits, written clearance
is required from the following:
° Temecula Valley Unified School District
Engineered plans are required for any walls or fences over six
feet in height. An approved setback adjustment from the Planning
Department is required for walls or fences over six feet in height
found in required setback areas.
Performance Securities Bond for maintenance of landscaping
may be required. Consult your Conditions of Approval.
Swimming pool to be fenced according to requirements specified
in Ordinance 421.1. Health Department clearance required on
pool plans.
If approved elevations are required from the Planning Department
the approved plans must be submitted to the Land Use Division
concurrently with submittal of structural plans for review.
Administration (714) 682-8840 · (714) 787-2020
Planning Department
PP 11505
December 20, 1989
Page 2
Prior to acceptance~of structural plans for Building and Safety
review, one complete set of approved conditions from Planning
Department must be attached.
Prior to issuance of building permits, proposed lighting must
be in conformance with Mount Palomar Lighting Plan, Zone A,
per Ordinance 655.
Grading clearance required prior to building permit issuance -
ground fissure area.
Very truly yours,
Robert Llnares
Senior Land Use Te~-hnician
TO: JEFF ADAMS
FROM: TONY HARHON
DATE: 12/13/89
RE: P.P. 11505
PLANNING
The "Gradin~ Section" has reviewed a conceptual ~rading plan for
this site. The plan is acceptable. Consequently, the "Grading
Section" recommends approval of this pro~ect if the foliowinE
conditions are included.
Prior to commencing any gradin~ in excess of 50 cubic yards,
the applicant shall obtain a ~rading permit and approval
to construct from the Building and Safety department.
Prior to issuance of any buildin~permit, the property owner
shall obtain a ~radin~ Permit and approval to construct from
the Building and Safety Department.
Constructing a road, where ~reater than 50 cubic yards of
material is placed or removed, requires a ~rading permit.
Provide verification that any existing~adir~was permitted
and that approval to construct was obtained from the
Buildin~ and Safety Depamtment.
Plant and irrigate fill slopes ~reater than or equal to 3°
and/or cut slopes E~eater than or equal to 5' in vertical
heiEht with ~ass or ~round cover. Slopes that exceed 15' in
vertical height are to be provided with shrubs and/or trees
per count ordinance 457, see form 284-47.
Landscape plans are to be si~ned by a registered landscape
architect and bonded per the requirements of ordinance 457,
see form 284-47.
.Grading in excess of 199
performance security to be
Safety department.
cubic yards will require
posted with the Buildin~ and
In instances where a ~rading pla~ involves import or export,
prior to obtaining a ~radin~ permit, the applicant shall
have obtained approval for the import/export location from
the Building and Safety department- this ~ay require a
written clearance from the Pi~-,~-~ Department.
The proposed retat-~-S walls, shown on the conceptual
~ading plan, w~ll require separate Permits and shall be
desiEned by a registered civil ervinear - unless they
conform to the County Standard Retaining Wall designs shown
on Buildin~ and Safety Department form284-19?.
THE ON SITE D~AINAGE FACILLITIES SH~r.r. BE DESIGNEDTO HANDLE
THE100YEARSTOSHFLOWS.
K~ILDII~ FOOTINGS NEAR OR ADJACENT TO SLOPES }/AY ~IRE
SPECIAL DESIGN PERPARED BY AN REGISTE~r~ CIVIL ENGINIng.
NOTE: Por the final ~rading plan, please provide the applicable
information from Buildin~ and SafetFDepartment ~rading forms:
284-120, 284-21, 284-86, and 284-46. Thank Fou.
qiVE::l iDE coun;.u
'PLAnnine; DEPA:I;I;IEI1;
December 14, 1989
Pactftc Soils Engineering, ]nc.
7370 Opportunity R~ad, Sutte "N"
San Dtego, CA 92111
Attention:
Hr. Robert S. McElwain
Hr. John A. Hanson
Hr. Rex P. Ketter
SUBJECT:
Gentlemen:
Sotsmtc/Geologtc Hazard
Work Order 400275
Plot Plan 11505
APN: 922-220-002
County 6eologtc Report No. 668
Ratnbow Canyon Area
He have revtewed your report entttled "Fault Hazard Study For Temecula Creek
Inn, Located Near Ratnbow Canyon Road, County of Riverside, CA," dated November
15, 1989, and your response to County revtew, dated December 12, 1989.
Your report determined that:
1. Holocene faulttng ts not present on-stte.
e
A maxtmum probable earthquake of magnitude 7.0 on the E1stnore fault
located 0.25 mtles from the stte would produce an estimated peak
acceleration of 0.78 g at the stte.
e
The secondary setsmtc hazards of liquefaction, landslides, rockfalls,
setches, tsunamts, earthquake tnduced settlement wtll not pose a hazard
to the stte.
4. Ground lurching is posstble wtth materials of contrasting setsmtc
velocities extsttng at the stte.
Your report recommended that:
1. Fault setbacks are not necessary for proposed buildings in the
developed areas.
4080 LEMON STREET, 9TM FLOOR
RIVERSIDE, CALIFORNIA 92501
(714) 787-6181
46-209 OASIS STREET, ROOM 304
INDIO, CALIFORNIA 92201
(619) 342-8277
Pactftc Sotls Engineering, Inc.
-2-
December 14, 1989
e
Proposed stte gradtng remedtal work and adherence to setsmtc code
destgn parameters shall be used to mtntmtze the effects of ground
lurchtng and expected ground acceleration from earthquakes produced
along off-stte faults.
e
The exploratory trench excavations shall be re-excavated and backft]]ed
durtng stte gradtrig tn a manner consistent ~tth s~andard engineering
practices.
It ts our optnton that the report was prepared tn a competent manner and
satisfies the additional Information requested under the California
Environmental Quality Act raytaw and the Riverside County Comprehensive $eneral
Plan. Ftnal approval of the report ts hereby gtven.
The recommendations made tn your report for mitigation of seismic-geologic
hazards sha]l be adhered to tn the destgn and construction of thts project.
Very truly yours,
RIVERSIDE COUNTY PLANNING DEPARTMENT
Roger S. Streeter - Pl~nntng 0t~ector
Steven A. Kupfe~rm~,~ '[//
Engineering Geo]q~tst / /
CEG-1205 ~ ~ [
SAK:al
c.c.J.W. Colachts Co. - Applicant
Norm Lostbom -Butldtng & Safety
Jeff Adams - Comerctal/Xndustrtal Team
P,2
R:Lveroido County PlannAng Department
4080 ldlon It:tit
ILvertJ. ae, ~ I~a~U,A
Dear ~. ~p~erumn, :
·hAi ~etter LB ~ relz~x~eto a :fiLer letter by RivereAde
Couty ~laan~ DeparUantud LeeMe deeazLbedbyyou in a
telq~.l oOrrVirlatLon oaDooember 12, 1080. b ~o~no®s to
Lmmm 11st~ m~i'Mr,~ t~g~%fi%l ~~t for
%
~C X2 'e9 Xdl:56 I~qCI'F*IC SOILS S.D.619 5c, o'03ee P.3
Order 40017S
We do not believe ··co·defy feleuic o£rec~o viii pose a
halard to tie devilop~ent. Ipooifioall¥; liquefaction is
nature or the bedroo~ end lack or ·halley groundu&tor. Land-
· lidee and rook £·11· are ~ot ···aid·red · hasard or ··n-
ettaint due to the leek o£ ·~ep ·d:~&cont rolie£ end ravor-
~Lble 8101p~ itebll:Lty c~&rm~rAlt~Ol or the gran~t~c rock.
leichel, tlUnaB11 &lgl earthquake Andflood rloodArtg ihould not
J3npa~ ~e lite owing to ~h· elevation above Pachanga Creek ·
and dion·nee from large bodAen or va~aF. hz~h~Aake induced
lett. Xeaant and/oF ooupao~ion wall not pome a hasard eying to
~.he We oh·reefer or ~he bedrook and antleAp·ted FeBoval
and reoompa~Aon vAthi· rill area·. Ground luEohing in
possible vl~h Bat·rials or oorfi~ar~ing leA·RIO veX·cities,
however; ~he lite grading and ·ode dEmAgn patlne~eFI ohould
uLnAaXle the erreatJ of 93wle poe~ntLaX leoend·r7
dilplaoemont~.
UAddro~ lmoule aueh a~ ground ···aXeration on rilereef Baler
faults at mits, Bax~ probable e~ and Bltigation or
, i~ 12 '89 ldrS6 Pin,tIC SOI~S S.D.&19 ~r£9 0388 P.4
WorX OnSo~ 400~7S
Doomtabor %a, %900
~ La
lateral
The PonLnlG2&r Range atFuotu~al blQcX Lo dAvLd~ Lnto oLqh~
o~bl~. · ~Lvo faults ~ m~b opicnears
~l~! h l~..~&.B,oo alto soLsiLo i~ruetara for the fou~ (4)
noBroot &otLve £au2~.
· &BLR ·
6.B 0,09 g 0.06 g
8.0 0,1% g 0.14 g
end 82.oooon (%0?4)
Md,~ ~ mmmNmmm#~mo ~
i
· ~'~ 12 'B9 14:57 P~CLrXC BOLLS S.D.6~ '~S~ a3U?
Woz~Order400~75
1909
P,$
We ~ope ~ho above reoponoeo vAll provide ~Ae proper
for ~ou co oouplete your ~ovAev of the oub~e~t pro3ocC.
Should you luve any ~ueotiono or require additional lnforuation,
ploaoo do not heaLSaCe ~o eonU~ ~he undersigned. /.~0 S~eO¢~
leapera:fully oubu/ttod, ~ ~JO~OO0 ~ ~
· J~XFX¢ IOXTJ BIIGX~G~ 13lC. *'UERTIFI£D"
. ~.
Rovlowod by. ;.& ~6EOLO~IOT, ~
.... ~'- ~'~,,. A,,'I. o'
~'~u~, ~;,~,~, ~.,,, ,. ,,~,.....o.:,o
ixl riosign eonault. ~ &~ut mr. c~ersai~A
nsW~&w~,p:Jo/o0o3
· ~lr~.. 1~' "Ftq 14t.q? PI~.TF'TC .q)TI .~ .q.h.~l") .q~'~l ~
Groone£oldor, I.W., 1974, Hax~mtm orod~blo rook aooeleration
from Ol~q~.mkow %n Cal~£ornLa: CilLforn~m D~vLwLon of
IlLnew mrdGoo%og~, Xm~ ~ ~3.
· lommm&l, M.R., & B10omon, 3.Z., X974, Rmp4ml:mble htgh ground
moomler&tXonm from oarthquakoms Calt£ornt& Geology, vol.
37, no. g.
P.?
ENVIRONMENTAL ASSE88MENT FORM:
ENVIRONMENTAL ASSESSMENT (E~.) NUMBER:
PROJECT CASE TYPE(s) AND NUMBERS(~): P~ "rl'
Al:q:)L~ I',LAJVIE: .- Io~-. ~!"&.
NAlVlE OF PERSON(s) PREPARING E.A.: -I,
STANDARD EVALUATION
MODULE NUMBER(s): Ig (
PROJECT INFORMATION
DESCRIPTION (include propceed minimum lot 81ze rand uool 18 flrplk:~)M): ai4::)i;:)r~QFI ~
B. TOTAL PROJECT AREA: ACRES ___~/' 4JC~ ; Or S(:~.IARE FEET
C. ASSESSOR'S PARCEL NO.(s): ¢~.~-Z ' ,,~C) -- ~ ~D~l 00~'I O0"~I
D. EXISTING ZONING: ~;[,';' ~'~ IS THE PROPOSAL IN CONFORMANCE?
E. PROPOSED Z(~NING: ~,-~A~ IS THE PROPOSAL IN CONFORMANCE?
F. STREET REFERENCES: ~ 'q~' ~1~411,~u., ~'.~~ ~ 1 ~,,~t'[~ ~I~'~I~A,
G. SECTION, TOWNSHIP, RANGE DESCRIPTION OR ATI'ACH A LEGAL DESCRIPTION:
BRIEF DESCRIPTION OF THE EXISTING ENVIRONMENTAL SETTING OF THE PROJECT SITE AND ITS SURROUND. ING5
IL COMPREHENSIVE GENERAL PLAN OPEN MACE AND CONSERVATION DESIGNATION
Check the Ippmi)r~te option(s) below ancl ptc:lecJ Kcorclingly.
[] All or part of the project 8ire is in "Adopted Specific Plin8, .... REMAP" or "Rancho Villages Community
POlicy Areas". Complete Section8 III, IV (B and C only), V and VI.
· All or part of the project site is in "Arees Not Desigr~lted ~8 Open Space". Complete Sections III, IV
(A, B and D only), V and Vl.
[] All or part of the project ~te ha~ an Open Space and Conservation desigrmtion other than those mentioned
above. Complete ~ III, IV (A, B, and E only), V and Vl.
295-70 (New 12/87) I
111.
ladkale h allure of fie prol~Otl cl lind use IS d.~k.,,St d Irom h d Sl cdi)lk)nl as found in C~,,(,t.~;ntks 6efmral Plan Figure
VI~ (Cimle One~ TI~ infc, ,~tion 18 ng~BgBl~y to .Ck4B..,~ lbs ~'pn3pfii~ B lam:l use tuitlbgity ratin~ in 8oction III.B.
NA - Not ArpV. clt)le Cdtkll £IIIFA;BI t10..,l~ Illt~h Rilk ~'~ Hormll-I.~)w Risk
q
Inditers with & yes (Y) or no (N) whMher any Mwirmmmnld hlzord lad/or fseouroe lieuse my -,~)~1~ BrdJy Offact or be afroted
by the IXOlX~al. All ralcrtnc;d ~ Ire ~ tint3 in the Cckur,,,:t4r lkl (~mlfld Plan. For any illue marked yes (Y) write
W~.IiorB~ data seumel, tgene'.t I got l~llg d, tktdin~ of fact end any, ~ ~;n ~ under Section V. Abo, where indicated.
circle the ypropriaLe land use eu#abmty or no~ BCell:~- ~'.'I:L~ mtln0(8~ (Sse dsfirk~iorm at bottom of th~ p~oe).
1~ Aiquilt-Priolo 8pectal 8tudias or County Fault
NA ~....) U R (Fig. Vt.3)
2.._~ Liq~ Potential Zone (F~. ~.1)
3~ ~~ing ~ (~ ~.~)
12. kl Alq)odNoM(Fig. ll.le.5,11.18.11
& V1.12 & 1964 NCUZ Report, M~.F.B.)
IdA A a C D (Pig, Vl.11 )
13...~ Flailroad Noise (Fig. V1.13- V1.16)
R (Fig. Vl.4) 14. ~
IdA (~v.' PS U R~:['(Fig. VI.5) 15 f~
Sk)pes Co. 8oo 8c;ale 8lope Maps) .__
Landslide Riak Zone (Riv. Co. 800 Scale
Roc kfall Hazard (On-alta Ina~ection) 17. -~L
ExpinUve Soils (U.S.D.A. Soil 18. __~
Consenmtion 8entice Soil ~urveys) 19.
Erosion (U.S.D.~. Soil Conservation 20. Id
~ervice Soil ~Jweys) 21. ~
Wind Eracmion & Blowsand (Fig. VI.1, 22.
Ord. 460, ~ec. 14.2 & Ord. 484) 23. I~
Dam Inundation Area (Fig. Vl.7) 24.
(rm. ~q.8)
RE~iOURCES
37.
26 ~ Agriculture (Fig. VI.34- VI~5) 32.._~
27.~- In or Near in Agricultural Presewe 33. kl
(Riv. Co. AgricultumJ Land convemation 34~
contract Maps!
26...~_ Wik:llife (Fig. Vl.36- VI.37) 35. N
IdA A B C VI?I (Fig, VI.11)
Hig~y Noise (CId. 7 - Vl.29)
NA A B D (Fig, VI.11 )
IdA A B C D (Fi0, VI.11)
Protect GMNIrated Noise Affecting
Noise Sermitive Uses (Fig. VI.11)
Noise 8analtire Project (Fig. VI.11 )
Air Quality Impacts From Project
Project ,~enNtive to Air Quality
Water Quality Impacts From Project
Project ~itive to Water Quality
Hazardous Materials and Wastes
~ Fire Area (Fig. Vl.30 - Vl.31)
Other
Other
,.~ic Highwly~ (Fig. VI.45)
Historic Rseourcas (Fig. VI.32 - VI.33)
Amhasologic~l Resources
(Fig. VI.32 - VI.33 & W.46- VI.48)
P~eont01~gical Re~)urces
(Plleo~ic~ Resources Map)
3~5-70 (New 12/87)
Definitiont for Land Ule Suitability and Noile Acceptability Ratings
NA - Not Applicable S - Generally Suitable PS - Prov'm~)nally Suitable
U - Generllly Un~Jitable R - Rllbio14d A - Gafferally Acceptable
B - Cofiditior~ly Acceptld~ C - Giner~lly Un&cc~table D - Land Use DMcouraged
1. OPEN 8PACE AND C~RVATION MAP DF.~NATION(M:
4. COMMUNITY POLICY AREA, IF ANY:
5. COMMUNITY PLAN, IF ANY:
6. ~uNrrY PLAN DESIGNATION(i), IF ANY:
For all projects, inidcate with a yes (Y) or no (N) w,~-ther any public facilities and/or services issues may significantly affect
or be affected by the proposal. All referenced figur~ are contained in the Co~ General Plan. For any issue
marked yes (Y), write data sources, agencies consulted, findings of fact, and mitigation measures under Section V.
PUBLIC FACIUTIE$ AND ~ERVlCES
1~_ Circulation (Fig. IV.l-IV.11. Discuss in 10-
~ec. V Existing, Planned & Required Roads)
Bike Tmil~ (Fig. IV.12 - IV. 13)
Wmer (Agency LeUers)
Sewer (Agency letters)
F~ Sewires (Fig. N.16 - N.18)
Shetin Senates (Fig N.17 - N.18)
Schoo~ (Fig. rV. 17 - rv.18)
Sold Waste (rig. rV.17 -
Pa~ and Recmmk~ (Fig. ~V.19 - ~V~0)
2. H
11.1~
14.
16- Y'
17.
Equsstrian Trails (Fig. IV. 19 - IV.24/
Riv. Co. 800 Sc~e Equestrian Trail Maps)
Util'Wes (Fig. IV.25 - IV.26)
Libraries (Fig. IV.17 - IV. 18)
I-MMIh Senricss (Fig. IV.17 - IV. 18)
Alrpmls (Fig. 11.18.2 - 11.18.4,
11.18.8 - 11.18.10 & N.27 - IV.36)
City Sphere of Influence
Olher
Ce
If all or part Of the project is located in "Adopted Specific Plans", "RElYlAP" or "Rancho Villages Community Policy
1. Slate the relevant land use dangnation(s):
Based on this initial study, is the proposal consistent with the policies and designations of the appropriate document.
and therefore consistent with the Com~ General Plan? ff not, explain:
295-;'O (Hew 12/87) 3
If all Or I:mrt of the project ~ is in "Ames nM Deeignited M Open ,~ace", and i~ nol in a Community Plan, complete
~uestions 1, 2, 3, 6 and 7. ComplMe quasl;on~ 4, 5, 6 and 7 If it is in a Community Plan.
1. Land uee category(lee) neoHeary to a~pl:x)ft the pm~.0ul~ project. Aleo indicate land use type
3.
If D.1 differs from D.2, will the difference be ~l;IveJ at the dL~&l~g:.Mtt atage? Explain:
4. Community Plan designation(s):
5. !s the ~ I:~ject consistent with the policie6 and de~gnations o~ the Community Plan?
not, explain:
6. Is the proposal compatible with existing and propoMd surrounding land uses?
If not, explain: ~"-"-~
7. Based on this initial study, is the proposal consistent with the Compretmrm, ive General Plan?
If not, reference by Section and la~ue Number those ie,~ues identifying inconsistencies:
E. If all or I:mrt of Ihe project ~ is in an Open Space and Conaervation designation, complete the following:
1. State the designation(s):
2. I~ the prolx)aal cormistent wtth the designation(s)? If not, explain:
3. Baled on this initial study, is the I:)ro13osal consisent with the Compmh~sive Gene~ Plan?
If not, reference by Section and la~Je Number those isles identifying ~cies:
12/87) 4
V. NK)RMATION SOURCES. IqNDING8 OF FACT AND MITIGATION MEASURE8
A. ADDITIONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSE&SMENT CAN BE COMPLETED:
DATE DATE ADEQUACY
18SUE NO. REQUIRED REQUESTED RECEIVED (YES~O~ATE)
B. For each issue marked yes (Y) under Sections III.B and N.B, identify the ~ and i~ue number and do the
following, in the kxmat as ~ below:
1. Ust all edditiorml relevant data sources, including agencies consulted.
'2. 8rate all findings of fact regmding envtron,,~tel oor~,,~.
3. State ~oecific mitigation rnea~ures, if identifmble without rKluiring en environmental impact report (E.I.FL)
4. If m:lditiorml information is required before the envtror,,,wJttal ~e~smertt can be completed, refer to
$ubeectk~n A.
5. If additional sheets are needed to ~p~"ffe this ~'tlon, check the box at the end of the section and attach
SECTION/
18SUE NO.
SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES:
295-1'0 (New 12/87)
·
SECTION/
ISSUE NO. SOURCES, AGENCIES CONSULTED, fiNDIG OF FACT, MITIGATION MEASURES:
VI. ENVIRONMENTAL IMPACT DETERMINATION:
[] The project will not have a significant effect on the environment and a Negative Declaration may be
(or)
~ The project could have & 8ignificent effect on the environment; however, there will not be a significant
effect in this (3~e because the mitigation meaaure8 described in ~ection V have been applied to the
project and a Negative Declaration may be prepared.
(or)
r'l The project may have & Mgnificant effect on the environment and an Environmental Impact Report
is required.
prepar by
295-70 ~ 12/87} 6
February 14, 1990
City Council
City of Temecula
Temecula, CA 92390
Dear Council=
The Rancho California Water District has introduced A.~. 2?42
which provides for a fourteen year transition period to convert
the present land owner vote election of its seven member Board
of Directors to popular vote election.
the undersigned, support A.B. 2743 with respect to its
result of popular election of all Board members as well as its
provisions for an "orderly" transition from the land
election basis and for "continuity" of Board members.
~ strongly believe, however, that there is absolutely no
Justification for the Billts provision for a seven-election or
fourteen year transition period beginning with the popular vote
election of one Board member in 1991, two in 1993, etc. Under
this scenario, the master land developers, Bedford, Et A1,
would control the Water District through November 1997. During
the intervening seven year period the Water District Board will
be approving huge capital outlays for water supply and sewerage
facilities which the citizens of the Rancho California area and
the City of Temecula will be required to pay for over the next
twenty to thirty years. It seems only Just and appropriate
that these citizens be afforded the right to elect Water
District Board Members who will be incented to consider the
long-term interests of our community rather than the relatively
short-term interests of the master developers.
have prepared, with the assistance of competent legal
counsel, an Amendment to A.B. 2743 for which we seek your
endorsement. The Amendment we propose simply calls for the
election of all future Water District Board members by popular
vote. In effect, the ~ended bill would provide for election
to the Board seats presently scheduled for 1991 to be by
popular vote and the four Board seats scheduled for election in
1993 to be by popular vote. Thus, the need for both an orderly
transition and Board member continuity is assured while
transferring control of the Rancho California Water District
from the master developers to the citizens.
To put the W~ter board election issue in perspective, we wish
to point out that, at the present time, a voter or a member of
the District Board need be neither a resident nor a registered
voter of the District nor, indeed, even a citizen of the United
States. The single ~ualification in that a voter or a Board
member he a property owner.
~ have attached a copy of A.B. 2743 as introduced by the
Rancho California Water District' and a copy of our recommended
Amendment thereto. Please review these attachments and should
you have any ~uestions, please call Mr. Affolter and he will
arrange a prompt and ~ualified response.
We intend to formally introduce the proposed Amendment in
Sacramento in the very near future and your formal support of
this proposal will be most helpful.
Sincerely,
John Affolter
Howard Ches~
Stan Mills
Lela~ McKeel
Jori Moramarco
AMENDMENT TO AB 2743
1. In Section 35231 strike the words "the transition period
provided in section 35232" in line 14 and replace with the
following:
"the effective date of this chapter"
2. Strike the language in Section 35232 and replace with the
following:
35232. In order to facilitate an orderly transition and to
preserve the staggered terms, the terms of office of directors
serving on the effective date of this chapter shall remain
unchanged and no provision of this chapter shall be construed to
disqualify any director serving on that date from continuing in
office; provided that any person appointed to fill a vacancy on the
board of directors shall be a qualified voter of the district as
provided in Section 35234.
3. Place a period at the end of line 23 in Section 35233 and
strike the remainder of Section 35233.
4. Strike lines 18 through 21 in Section 35234.
5. Strike the language contained in Section 35235 and replace with
the following:
35235. Qualified voters of the district shall be residents of, and
registered voters in, the district.
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CITY OF TEMECULA
CITY MANAGER'S REPORT
AB#: TITLE: Law Enforcement DEPT HD.
MTG: S.-~ o~o CITY ATTY
DEI~: C~ Recommendations CITY MGR
RECOMMENDED ACFION
That the City Council approve the recommendations of the Law Enforcement Committee
and adopt:
1. A resolution appropriating $74,680.
2. A resolution requesting the Sheriff to provide additional services.
BACKGROUND
The Law Enforcement Negotiating Committee, at its meetings of March 5th and 12th,
recommended that the City Council request the Sheriff to provide the following additional
services beginning April 1, 1990.
1. A Sergeant 40 hours per week to act as liaison to the City Manager.
2. Three Deputies for a total of 72 hours per week.
3. Two CSOs (Commn~nity Service Officers) for 80 hours per week.
4. Vehicles as needed - $7,500.
5. Sheriff's Posse for patrol duties, with no additional paid supervisor.
Total cost April 1 to June 30, 1990 would be $74,680.
Deputy Recruitment
The committee also recommends that the City Council request the Sheriff to commence
recruiting for 30 Deputies and 6 CSOs for assi,~tmment in Temecula beginning July 1, 1990.
This request will expedite recruitment of Deputies.
Californi:~ Highway Patrol
A further recommendation is that the Council request the ClIP to provide Traffic services
to the City for a six month period beginning July 1, 1990.
CITY OF TF,.,~ECUL~
STAFF REPORT
TO:
FROM:
SUBJECT:
city Manager
Deputy city Clerk
Law Enforcement Committee Action
March 12, 1990
The Ad Hoc Council Committee to Negotiate the Contract with the
Sheriff's Department met last evening at City Hall. They developed
a proposal to present to the City Council for consideration which
addresses the interim programs to occur prior to July 1, 1990.
The Sheriff in his letter of February 28, 1990 proposed several
measures which would, if implemented, total an expenditure of
$77,985. The committee has suggested modifying that suggested
program as follows:
Temecula City Sheriff's Captain - to fill this position with
a Sergeant who would act as city Liaison but who would also be
a working patrol officer. The resulting savings could then be
used to add additional man hours.
Sheriff's Posse - to be utilized as suggested in the proposal
of February 28, 1990 with a Deputy Sheriff providing
supervision.
Target Team - to add an additional Deputy Sheriff for 24
hours. This amount to be funded from the savings realized by
replacing the Captain position with a Sergeant.
Community Service officer Team - to add an additional CSO
position for 24 hours per week. This also would be funded
from the salary savings realized in having a Sergeant acting
as City Liaison/Supervisor.
Additional Vehicle Costs - The additional costs to support the
extra personnel suggested was estimated at $7,500.
The modified program being recommended by the Committee is
estimated at a cost of approximately $74,680. This is only a minor
savings over the estimated cost contained in the Sheriff's
suggested interim program but it does increase the service level in
hours and personnel significantly.
RESOLUTION NO. 90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REQUESTING THE RIVERSIDE SHERIFF'S
DEPARTMENT TO PROVIDE ADDITIONAL LAW
ENFORCEMENT SERVICES TO THE CITY AND TO
COMMENCE RECRUITMENT FOR DEPUTIES
WHEREAS, The City of Temecula submitted a Letter of Intent dated
February 13, 1990, declaring its intention to contract with the Riverside County Sheriffs
Department commencing July 1, 1990, and
WHEREAS, a committee is currently meeting with Chief John Jones for the
purpose of negotiating a contract for services, and
WHEREAS, the Law Enforcement Committee has recommended that the
Sheriff be asked to provide an enhanced level of service in the City commencing April 1,
1990, and
WHEREAS, the Sheriff has advised the City Council that there is a long lead
time required to recruit and train deputies, and
WHEREAS, the City Council believes there is an urgent need for additional
law enforcement services immediately, and
WHEREAS, the voters of the City of Temecula supported incorporation
because of a strong desire for additional law enforcement services,
NOW THEREFORE BE IT RESOLVED:
Section 1.
That the Riverside County Sheriff's Department is
hereby requested to provide the following additional law
enforcement services in Temecula beginning April 1,
1990.
A Sergeant 40 hours per week to act as liaison to
the City Manager.
Three Deputies for a total of 72 hours per week.
Resos/90-28
03/15/90 6:04pm
Resolution 90-
Page 2.
Two Community service Officers for 80 hours per
week.
d. Vehicles as needed - $7,500.
Services of the Sheriffs Posse for patrol duties,
with no additional paid supervisor.
Section 2.
That the Riverside County Sheriffs Department proceed
immediately to recruit and train 30 Deputies and six (6)
Community Service Officers to provide services to the
City of Temecula after July 1, 1990.
Section 3. The City Clerk shall certify the adoption of this
resolution.
APPROVED AND ADOPTED this 20th day of March, 1990.
ATTEST:
Ronald J. Parks, Mayor
F. D. Aleshire, City Clerk
[SEAL]
Resos/90-28
03/15/90 6:04~m
Mayor
Ron Parks
Mayor Pro Tem
Karel F. Lindemarts
CITY OF TEMECULA
P.O. Box 3000
Temecula, California 92390
(714) 694-1989
FAX (714) 694-1999
Councilmembers
Patricia H. Birdsall
Peg Moore
J. Sal Mu~oz
March 9, 1990
California Highway Patrol
27685 Commerce Center Drive
Temecula, CA 92390
Attn: Captain Dave Webb
Dear Captain Webb,
The City of Temecula became a newly incorporated city in Riverside County on
December 1, 1989. Since that time the California Highway Patrol has provided the City
with traffic enforcement and has agreed to do so through June 30, 1990.
At the present time the City of Temecula is negotiating a contract for law enforcement with
the Riverside County Sheriff's Department. We do not anticipate having adequate staff to
handle the needs of our citizens by June 30, 1990 and would therefore respectfully request
that the California Highway Patrol continue to furnish traffic enforcement until
January 1, 1991.
The City Council and I very much appreciate your consideration of this matter and would
appreciate knowing of the decision on our request at your earliest convenience.
Sincerely,
Ronald J. Parks
Mayor
JSG
~NT ~Y:CO~T~IN HOHE5 INC
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4,
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10
11
15
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postage prepaid, to the foliovial add:eases:
RIVERSIDE C01JA~f FLOOD ~qOH'~ltOL
A~JTATBR CONSERVATION DIS~'RICT
P.O. Box 1033
TAYTO
~ OF RIVBRSIDK
Attar Road DepaRtment
County Administrative
Cen~eE, Eighth Floe:
40oo Lemon It.
Riverside, CA 0250l
15. Any action at law or in equity brought by any of
the patties hete~o for the purpose of enforcing · righ~ at tights
provided for by the agreement shall be tried in a court of
competent JuRisdiction in the County o! Riverside, Sta~e o!
California, and the parties hereto waive el! provisions of law
providing fez a change of venue in such proceedings to any
oounty.
~heir respective counsel. The fact t~at t~ia agreement was
prepared as a matte: o~ convenience b~ D~STRICT shall have no
inpo~t o: significan~e. Any uncertainty or embigui~y in this
agreement shall not be construed against DISTRICT because
DISTRICT prepared this agreement in its final form.
to end be binding upon all heirs, successors and assignees.
any at their rights. duties o= obligatiOnl hereunder to any
person or en~i~y without the prior written ashgent o! the other
trans,e: o: assignment, DMbOPIR expressly understands and
agrees that they shall remain liable vith Respect to any and all
o! the obligations and duties contained in this agreement.
lg. This agreeBent is intended by the pa;ties berets as
a final expression of their understanding vi~h roepe~ to the
sub~ec~ matteR he~eo~ end as a coRpleto and exclusive
of the terms end conditions thereo£ end supersedes any end
p~lo: a~d ashtempo:sheens egreemen~s and understandings, oraX
written, in connection therewith. This agreement may be changed
o~ modified only upon the written consent o~ the parties here~.
IIII
IIII
IIII
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FOR .APPROYAL:
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ILl'PROVED &6 TO ?OR)i:
SENT ~Y: CO~T~ ! N MObiUS ! NC
FOR APPROVAL:
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APPROVrD AS TO IPOR#:
GERALD
By
14
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3/1/89
RIVERBIDE COUNTY FLOOD ~T~OL
A)TDNATER CONSERVATION DISTRICT
AT'Z'BSTf HAl ~4
(SEAL,)
Road Cormill,One: and County 8u£veyo:
COUNTY OF RIVKRSIDE
ATTEST: ~ t 4 lift
GERALD A. NALONgY
Clerk o~
Da~ed:
' 'It, ~. ~.
INJI~
VIS, TA
· ... INDEX MAP'
COUNTY OF RIVERSIDE
,y,,I e IN17¥ MAP
EXHIBIT A
AGREEMENT FOR ACQUISITION
(Community Facilities District No. 88-3)
THIS AGREEMENT is made and entered into as of the 1st
day of March, 1990, by and between the COMMUNITY FACILITIES
DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT, a
community facilities district, hereinafter referred to as
"District," and TAYCO, a California partnership, (hereinafter
referred to as "Landowner").
RECITALS
1. Landowner is the owner of approximately 303 acres
of land, more or less, located in the City of Temecula,
California hereinafter referred to as "the Subject Property."
Landowner has filed a petition with District requesting that
the Rancho California Water District initiate and complete
all necessary proceedings under the Mello-Roos Community
Facilities Act of 1982, hereinafter referred to as the "Act,"
for the formation of the District over and including the
Subject Property, and for the sale of bonds to finance the
acquisition of certain public improvements which are herein-
after referred to as the "Public Improvements."
2. District is authorized by Section 53313.5 of the
Government Code to acquire and finance the acquisition of the
Public Improvements through proceedings pursuant to the Act.
This agreement is intended to set forth the procedures which
EXHIBIT "D"
must be followed pursuant to Section 53313.5 and the Act in
order to legally and validly acquire the Public Improvements.
3. The additional purpose of this agreement is to
provide for coordination between District and related public
agencies and Landowner with regard to the acquisition and
construction of the Public Improvements and the sale of bonds
by DiStrict to finance the acquisition of the Public
Improvements by District and related public agencies'and to
provide for certain other matters related to the construction
of the Public Improvements.
COVENANTS
NOW, THEREFORE, in consideration of the preceding reci-
tals and the mutual promises and covenants hereinafter con-
tained, the parties agree as follows:
Section 1. Construction. Prior to the formation of
District, Landowner constructed a portion of the Public
Improvements, as identified in Exhibit "A" attached hereto
(the "First Phase"). Landowner may, after receipt of written
notice to proceed from District, construct at their sole cost
the second phase of the Public Improvements as identified in
Exhibit "B" attached hereto (the "Second Phase"), in accord-
ance with plans and specifications therefor approved by the
public agency which ultimately will own and maintain such
Public Improvement (the "Plans and Specifications").
Additionally, the Landowner will, prior to soliciting bids as
-2-
described below, submit for approval to the District or the
public agency which will ultimately own and maintain such
Public Improvement, the bidding documents to be utilized in
order to insure that such bidding documents' requirements for
prevailing wages, surety bonds and insurance are in accord-
ance with the requirements set forth in the "Joint Financing
Agreements" (the "Joint Financing Agreements") which are
concurrently being entered into by and among the District,
Landowner and the affected public agencies. If Landowner
elects to proceed with the construction of the Second Phase
after receiving District's written notice to proceed,
Landowner shall notify District in writing of its election to
proceed.
If Landowner elects to proceed with the construction of
the Second Phase, Landowner shall, after a competitive bid-
ding procedure in conformity with the Public Contracts Code
at which at least three (3) bids are received, submit to the
District or the applicable public agency written evidence of
such competitive bidding procedure, including evidence of the
means by which bids were solicited, a listing of all
responsive bids and their amounts, and the name or names of
the contractor or contractors to whom Landowner proposes to
award the contract(s) for such construction. District, or
the applicable public agency (with whom the District will
confer), shall approve or disapprove of said contract or
contractors in writing within 10 business days after receipt
of the name or names of such contractor or contractors. If
-3-
District or applicable public agency disapproves of any such
contractor, Landowner shall select another contractor from
the competitive bids received who is acceptable to District
or applicable public agency.
Section 2. Inspection. District or the applicable
public agency which will ultimately own and maintain such
Public Improvements shall have primary responsibility for
providing inspection of the work of construction of the
Second Phase to insure that the work of construction is
accomplished in accordance with the Plans and Specifications
approved by them. District's or such public agency's
personnel shall have access to the site of the work of
construction at all reasonable times for the purpose of
accomplishing such inspection. Upon the completion of the
construction of the Second Phase to the satisfaction of
District's or such public agency's inspectors, Landowner
shall notify District in writing that the construction of the
Second Phase or discrete component thereof has been completed
in accordance with the Plans and Specifications.
Upon receiving such written notification from Landowner,
and upon receipt of written notification from its inspectors
or those of the applicable public agency that construction of
the Second Phase or discrete component thereof has been com-
pleted in accordance with the Plane and Specifications,
District shall in a timely manner notify Landowner in writing
that the construction of the Second Phase or discrete
component thereof has been satisfactorily completed. Upon
-4-
receiving such notification, Landowner shall forthwith file
with the County Recorder of the County of Riverside a Notice
of Completion pursuant to the provisions of Section 3093 of
the Civil Code of the State of California. Landowner shall
furnish to District a duplicate copy of each such Notice of
Completion showing thereon the date of filing with the County
Recorder. The costs incurred by District or other public
agency in inspecting and approving the construction of the
Second Phase shall be reimbursed to District or other appli-
cable public agency from the proceeds of the bonds.
Section 3. Liens. Upon expiration of the time for
the recording of claims of liens as prescribed by Sections
3115 and 3116 of the Civil Code of the State of California,
Landowner shall provide to District such evidence or proof as
District shall require that all persons, firms and corpora-
tions supplying work, labor, materials, supplies and equip-
ment to the construction of the Second Phase have been paid,
that no claims of liens have been recorded by or on behalf of
any such person, firm or corporation and otherwise comply
with the applicable requirements for conveyance of title free
of such encumbrances, as set forth in the Joint Financing
Agreements.
Section 4. Acquisition~ Acquisition Price~ Funds
Source. Provided Landowner has complied with the require-
ments of this agreement and the applicable Joint Financing
Agreement, District agrees to acquire the First and Second
Phases from Landowner. The price to be paid by District for
-5-
the acquisition of the First and Second Phases shall be the
actual costs incurred by the Landowner to construct the First
and Second Phases (or discrete component thereof) as approved
by District, together with reimbursement of any advances made
by Landowner to the District, if any. As a condition to the
payment of such acquisition price, Landowner shall transfer
ownership of the completed component of the First or Second
Phase constructed by them by grant deed, bill of sale or such
other documentation as District or the public agency
ultimately owning such Public Improvement may require. Upon
the transfer of ownership of the Public Improvement or any
discrete component thereof from Landowner to District or the
public agency ultimately owning such Public Improvement,
District or the public agency ultimately owning such Public
Improvement shall be responsible for the maintenance of the
Public Improvement transferred.
Notwithstanding the prior provisions of this section,
the sole source of funds for the acquisition by District of
the Public Improvements or any discrete component thereof
shall be the proceeds from the sale of the bonds of District.
If for any reason beyond District's control the bonds are not
sold, District shall not be required to acquire the Public
Improvements from Landowner. In such event, Landowner shall
complete the construction and transfer to District or the
public agency ultimately to own such Public Improvement
ownership of such components of the Public Improvements as
are required to be constructed by Landowner as a condition to
-6-
recordation of the subdivision map for the Subject Property,
but need not construct any component of the Public
Improvements which it is not so required to construct.
Section 5. Bonds. Upon the completion of the vali-
dation of the formation of the District, including the levy
of the special tax and approval of the issuance of the bonds
by the Districts Securities Division, District shall use its
best efforts to issue and sell bonds pursuant to the Act in
an amount sufficient to acquire the Public Improvements and
pay other incidental costs. Upon receiving the proceeds from
the sale of the bonds, District shall reimburse Landowner for
the First Phase of Public Improvements as provided in Section
4 hereof and shall thereafter reimburse Landowner for the
construction of the Second Phase of the Public Improvements
or discrete component thereof as soon as the foregoing condi-
tions for reimbursement are satisfied. Notwithstanding any
preceding provision in this agreement, if District is unable
to sell the bonds for any reason beyond its control, District
shall be relieved of its obligations under this agreement
with respect to the acquisition of the First and Second
Phases.
Section 6. Easements. Landowner shall at the time
District or such other public agency acquire the Public
Improvements, as provided in Section 4 hereof, grant to Dis-
trict or such public agency, by an appropriate instrument
prescribed by them, all easements on private property which
-7-
may be necessary for the proper operation and maintenance of
the Public Improvements, or any part thereof.
Section 7. Maintenance. Prior to the transfer of
ownership of the Public Improvements by Landowner to District
or other applicable public agency, as provided in Section 4
hereof, Landowner shall be responsible for the maintenance
thereof and shall maintain and transfer the Public Improve-
ment to District or other applicable public agency in as good
condition as the Public Improvement was in at the time Land-
owner notified District that construction of same had been
completed in accordance with the Plans and Specifications.
Section 8. Inspection of Records. District or other
applicable public agency may, at its discretion, review all
books and records of Landowner pertaining to costs and
expenses incurred by Landowner pursuant to Section 1 hereof,
during normal business hours by making advance arrangements
with Landowner.
Section 9. Ownership of Public Improvements. Not-
withstanding the fact that some or all of the Public Improve-
ments may be constructed in dedicated street rights-of-way or
on property which has been or will be dedicated to District
or other applicable public agency, the Public Improvements
shall be and remain the property of Landowner until acquired
by District or other applicable public agency as provided in
the preceding sections of this agreement.
Section 10. Improvement Security~ Prevailing Wages.
Notwithstanding any provisions of this agreement to the con-
-8-
trary, Landowner shall be required to secure the faithful
performance of construction and completion of construction of
the Second Phase by appropriate ¢ontractor's bonds as
required by Public Contracts Code of the State of California.
Additionally, Landowner shall require its contractor or con-
tractors to pay the prevailing rate of per diem wages for
work of a similar character in the locality of the District
and not less than the general prevailing rate of per diem
wages for holiday and overtime work, as provided in Section
1771 et. seq. of the California Labor Code, to all workmen
employed by each such contractor in the construction of the
Second Phase. Landowner shall obtain from its contractor or
contractors and furnish to District certified payroll records
as to all such workers employed by the contractor or contrac-
tors demonstrating that compliance has been had with the
requirements of said Section 1771.
Section 11. Independent Contractor. In performing
this agreement, Landowner is an independent contractor and
not the agent of District or any other public agency. Dis-
trict shall have no responsibility for payment to any con-
tractor or supplier of Landowner.
Section 12. Indemnification~ Insurance. Landowner
shall assume the defense of, indemnify, protect and save
harmless, District, the public agencies ultimately owning and
maintaining the Public Improvements, their officers,
volunteers, employees, attorneys and agents, and each and
every one of them, from and against all actions, damages,
-9-
claims, losses, liabilities or expenses of every type and
description to which they may be subjected or put, by reason
of, or resulting from, this agreement, and the design,
engineering and construction of the Public Improvements. No
provision of this agreement shall in any way limit the extent
of Landowner's responsibility for payment of damages
resulting from the operations of Landowner and their
contractors~ provided, however, that Landowner shall not be
required to indemnify District and such public agencies as to
damages resulting from negligence or willful misconduct of
District and such public agencies or their agents or
employees in performing this agreement. Landowner shall
furnish to District and such public agencies a certificate or
certificates of insurance substantiating that they have
obtained for the entire period of the construction of the
Second Phase a policy of comprehensive general liability
insurance with coverage broad enough to include Landowner's
contractual obligations under this section and having a
combined single limit of liability in the amount of
$2,000,000. Said certificate of insurance shall include an
endorsement naming District, such other public agencies, its
officers, volunteers, employees, attorneys and agents as
additional named insureds.
Section 13. Letter of Credit Concurrently with
issuance of the bonds, Landowner shall cause to be delivered
to District a letter of credit (the "letter of Credit")
substantially in the form attached as Exhibit "C" hereto
-10-
which shall be: (i) an irrevocable, non-transferable letter
of credit issued by a federal or state chartered bank or
other financial institution (the "Issuer") reasonably
acceptable to District~ (ii) in the "Stated Amount" as
defined below~ (iii) subject to renewal, replacement
reduction, early termination, expiration and draws by
District, or the agent designated by District (the
"Beneficiary") as provided below~ (iv) shall have a term
ending on a June 30 at least one year from its date of
issuance~ and (v) shall be subject to the Uniform Customs and
Practice for Documentary Credits (1983 Revision,
International Chamber of Commerce Publication No. 400).
(a) ADplicabilit¥ of Requirement. Landowner shall
cause the Letter of Credit to be delivered, renewed and/or
r~placed with respect to each legal lot owned by Landowner
and its partners in their individual capacities within the
District for so long as all legal lots owned by Landowner and
its partners are responsible for thirty-three percent (33%)
or more of the total annual special taxes to be levied on all
property within the District as a result of the bonds.
(b) Beneficiary. The Director of Finance-
Treasurer of the Rancho California Water District and his or
her designated representatives (the "Beneficiary") are hereby
authorized by the District to draw on the Letter of Credit
and provide for the reduction and termination of any Letter
of Credit as may be required according to the terms of this
Agreement. Landowner shall bear all costs associated with
-11-
posting any Letter of Credit, which costs shall not be
subject to reimbursement by the District.
(c) Stated Amount. The "Stated Amount" shall be
an amount equal to the gross debt service on the bonds
allocable to legal lots owned by the Landowner and its
partners in the District for the fiscal year ending on the
termination date of the Letter of Credit and the fiscal year
following such termination date. "Gross debt service on the
bonds" means for each of the two fiscal years subject to
calculation, the sum of (i) the principal amount of all
outstanding bonds payable in such fiscal year either at
maturity or pursuant to a sinking fund payment and (ii) the
interest payable on the'aggregate principal amount of bonds
outstanding in such fiscal year assuming the bonds are
retired as scheduled. Such gross debt service on the bonds
shall not be reduced by earnings on funds that might
otherwise be applied to payment on bonds pursuant to the bond
resolution. "Gross debt service on the Bonds allocable to
legal lots owned by Property Owner" shall be the sum of such
gross debt service multiplied by a fraction the numerator of
which is the maximum special tax that could be imposed on all
legal lots owned by the Landowner and its partners in the
current fiscal year and the denominator of which is the
maximum special tax that could be imposed on all property
within the District in the current fiscal year.
(d) Letter of Credit Draws. Beneficiary may draw
upon the Letter of Credit if Landowner is delinquent in
-12-
payment of the special taxes on property it and its partners
own within the District. The total amount to be drawn under
the Letter of Credit shall not exceed an amount equal to the
special taxes owed by the Landowner and delinquent on
property within the District at the time the draw is made.
The amount thus drawn on the Letter of Credit shall be
applied to clear the delinquent payment of special tax.
If the Letter of Credit is not renewed within thirty
(30) days prior to its expiration date and the requirements
for release or termination of the Letter of Credit have not
then been met, the full amount of the Letter of Credit may be
drawn by Beneficiary and deposited in a separate fund.
Thereafter, amounts in said fund may be drawn by Beneficiary
on the same terms and conditions applicable to the Letter of
Credit.
At such time as the Letter of Credit is renewed, or a
substitute letter of credit is accepted by the District, or
the requirement for the Letter of Credit has been terminated
pursuant to this Section, the District shall release all
amounts in said fund to Landowner or the Issuer, as
appropriate, within ten (10) calendar days from the date of
renewal or acceptance, as possible.
(e) Renewal and Substitution. The Letter of
Credit shall be renewed or a substitute letter of credit
provided, not less than thirty (30) calendar days prior to
its expiration. If Landowner provides a substitute letter of
credit to the District, then the District shall return any
-13-
existing letter of credit at the time of such substitution by
Landowner.
(f) Reduction and Termination. Upon the sale or
transfer by Landowner and its partners of any property within
the District, the Stated Amount of the Letter of Credit shall
be reduced by recalculation in accordance with Section 13(c)
above. The Letter of Credit shall be terminated when all
legal lots owned by Landowner and its partners are
responsible for less than thirty-three percent (33%) of the
total annual special taxes to be levied on all property
within the District.
(g) Reduction and Termination Mechanics.
Reduction or termination of a Letter of Credit shall occur
automatically upon submission to the Issuer by the District
of a Certificates of Reduction or Termination in the form of
Annex "3" or Annex "4" to the Form of Letter of Credit
attached as Exhibit "C" hereto. District shall deliver such
Certificate of Reduction or Termination promptly upon
receiving from Landowner a certificate which shall be made
under penalty of perjury and shall indicate (i) the legal
description of all land owned by Landowner and its partners
within the District, (ii) a recalculation of the new Stated
Amount that Landowner proposed be applicable to the Letter of
Credit and (iii) if termination of the Letter of Credit is
requested, a statement that (1) such amount of total annual
special taxes to be levied on all property within the
District as a result of the bonds outstanding.
-14-
Landowner shall notify the District of any events that
will result in a reduction of the face value of Landowner's
Letter of Credit and shall provide the District with
verification of said events. Landowner may provide the
District with a substitute letter of credit in the reduced
amount and the District shall release and return to Landowner
the Letter of Credit then in effect. The parties expressly
acknowledge that Landowner's failure to so notify the
District or to reduce the Letter of Credit at the times
prescribed herein shall in no way effect or invalidate sale
or transfer of property, or recordation of maps on property.
(i) Transferees. If property within the District
is sold or transferred by Landowner and its partners, a
Letter of Credit on the same terms specified herein will be
furnished by the purchaser or transferee (the "Substitute
Transferee") with respect to all legal lots owned by such
Substitute Transferee with the District. The issuing
financial institution and the form and terms of said Letter
of Credit will be subject to reasonable prior approval by the
Beneficiary and his or her designated representatives. All
terms provided in this Section 13 are applicable to the
Substitute Transferee by replacing the term "Landowner" at
each place where it occurs in each section with the name of
the Substitute Transferee. Each Substitute Transferee shall
be an express third party beneficiary of the provisions of
Section 13.
-15-
Section 14. Disclosure of SDecial Tax. In addition
to the following provisions of this Section, the Director of
Finance-Treasurer of the Rancho California Water District may
approve on behalf of the District any additional disclosure
provisions which together with those herein shall constitute
the "Disclosure Program" of the Landowner and its partners,
subject to the mutual agreement as to such provisions by the
Landowner and the Director of Finance-Treasurer in
consultation with special bond counsel.
(a) To Purchasers of Finished Product from
Landowner. This Section 14(a) shall apply to all residential
dwelling units and custom home lots developed by Landowner
and its partners and located within the District for which a
final subdivision public report was or will be required by
the California Department of Real Estate (each a "Residential
Lot") and to all commercial or industrial facilities
developed by the Landowner and its partners for lease or sale
(each a "Commercial Facility"). From and after the date of
this agreement, the Landowner and its partners shall give a
"Notice of Special Tax" (as defined in Section 14(d) below)
to each prospective purchaser of a Residential Lot or a
Commercial Facility. The Landowner and its partners shall
also require as a condition precedent to their obligation to
close an escrow as to a Residential Lot or a Commercial
Facility, or its obligation to lease a Commercial Facility
pursuant to a "triple net" lease, that the prospective
purchaser or lessee sign and return to the Landowner or its
-16-
partners a copy of the Notice of Special Tax. At least once
each month, the Landowner and its partners shall forward
copies of all signed Notice of Special Tax to the Director
of Finance-Treasurer or his written designee. Landowner and
its partners shall maintain records of all Notices of Special
Tax for a period of eight (8) years. The Landowner and its
partners shall include the Notice of Special Tax (or such
other notice as is approved by the Director of Finance-
Treasurer) in all of Landowner's and its partners' applica-
tions for Final Subdivision Reports required by the
California Department of Real Estate ("DRE") which are filed
after the effective date of this agreement.
(b) To Bulk Purchaser of Residential Property from
the Landowner. This Section 14(b) shall apply to those
p~rsons or entitles who purchase property within the District
from the Landowner and its partners for the purpose of
subdividing such property or constructing residential
dwelling units thereon, or both (each a "Residential
Developer"). Landowner and its partners shall require, as a
condition precedent to their obligation to close an escrow
for the sale of real property to a Residential Developer,
that such Residential Developer covenant for the benefit of
Landowner or such partner and the District that such
Residential Developer shall require as a condition precedent
to its obligation to close an escrow as to any residential
dwelling unit that the prospective purchaser thereof sign and
return to such Residential Developer a copy of the Notice of
-17-
Special Tax. At least once each month each Residential
Developer shall forward copies of all signed Notices of
Special Tax to the Director of Finance-Treasurer. Each
Residential Developer shall maintain records of all Notices
of Special Tax for a period of eight (8) years. Each
Residential Developer shall include the Notice of Special Tax
(or such other notice as is approved by the Director of
Finance-Treasurer in all of such Residential Developer's
applications for Final Subdivision Reports required by the
(¢)
Purchasers of Commercial Property from the
ProDerty Owner. This Section 14(c) shall apply to those
persons' or entitles (each a "Commercial Developer") that
purchase property within the District from the Landowner and
its partners for the purpose of constructing a commercial or
industrial facility thereon for lease or sale (each a
"Commercial Facility"). Landowner and its partners shall
require, as a condition precedent to their obligation to
close an escrow for the sale of real property to Commercial
Developer, that such Commercial Developer covenant for the
benefit of Landowner and the District, that such Commercial
Developer shall require as a condition precedent to its
obligation to sell or lease pursuant to a "triple net" lease
any Commercial Facility, that the prospective purchaser or
lessee sign and return to the Commercial Developer a copy of
the Notice of Special Tax. At least once each month
Commercial Developer shall forward copies of all signed
-18-
Notices of Special Tax to the Director of Finance-Treasurer.
Each commercial Developer shall maintain records of all
Notices of Special Tax for a period of eight (8) years.
(d) Notice of Special Tax. With respect to any
parcel, the term "Notice of Special Tax" means a notice
written in English which is calculated to disclose to the
purchaser thereof (i) that the property being purchased is
subject to the special tax of the District~ (ii) the land
use classification of such property~ (iii) the maximum annual
amount of the special tax and the number of years for which
it will be levied~ (iv) if available at the time such notice
is delivered, an indication of the amount of special tax to
be levied on such property for the following fiscal year~
and (v) the types of facilities or services to be paid or
with the proceeds of the special tax. The Notice of Special
Tax shall be in such form as may be approved from time to
time by the District or the Director of Finance-Treasurer.
Such Notice of Special Tax may include as exhibits thereto
copies of the "Rate and Method of Apportionment of Special
Tax for the District, in which case the requirements of item
(iii) above shall be deemed satisfied.
(e) Notice to Subsequent Purchasers. The District
has filed with the Riverside County Recorder a document that
gives notice of the existence of the District and the levy of
the special tax on property within the District for the
benefit of subsequent property owners, pursuant to
-19-
sff/AGD12345
CITY OF TEMECUL~
AGENDA REPORT
FROM:
DATE:
HEETING DATE:
BUBJECT:
RECOMMENDATION:
1.
CITY COUNCILMEMBERS, CITY OF TEMECULA
FRANK D. ALESHIRE, INTERIM CITY MANAGER
SCOTT F. FIELD, CITY ATTORNEY
MARCH 14, 1990
MARCH 20, 1990
CITY CONSIDERATION OF RANCHO CALIFORNIA WATER
DISTRICT CFD NO. 88-3
That the Council approve the resolution entitled:
"ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING CERTAIN JOINT FINANCING AGREEMENTS BY AND
BETWEEN THE CITY OF TEMECULA AND COMMUNITY FACILITIES
DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA WATER
DISTRICT"
That the Council approve and authorize the Mayor to sign
the following Agreements:
(1)
"JOINT FINANCING AND ACQUISITION AGREEMENT AMONG
COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE
RANCHO CALIFORNIA WATER DISTRICT, THE COUNTY OF
RIVERSIDE, THE CITY OF TEMECULA, THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT AND TAYCO, A CALIFORNIA PARTNERSHIP", and
(2)
"JOINT FFINANCING, CONSTRUCTION AND ACQUISITION
AGREEMENT AMONG COMMUNITY FACILITIES DISTRICT NO.
88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT, THE
COUNTY OF RIVERSIDE, THE CITY OF TEMECULA AND
TAYCO, A CALIFORNIA PARTNERSHIP."
suject to deletion of funding for Rancho Vista Road and Kaiser
Parkway from the first Agreement.
DISCUSSION: This staff report accompanies the City's Resolution
approving the following two documents regarding
-1-
sff/AGD12345
the Rancho California Water District CFD No. 88-3: 1) the
Joint Financing and Construction Agreement among Community
Facilities District No. 88-3 of the Rancho California Water
District, the County of Riverside, the city of Temecula and
Tayco, a California Partnership; and 2) the Joint Financing
and Acquisition Agreement among Community Facilities
District No. 88-3 of the Rancho California Water District,
the County of Riverside, the City of Temecula, the Riverside
County Flood Control and Water Conservation District and
Tayco, a California Partnership.
These documents are before you for your adoption and
approval. For the reasons discussed below we recommend that
the City agree to the Community Facilities District
financing portions of Rancho California and Butterfield
Stage Road, which are major arterials within the City. We
recommend against financing portions of Rancho Vista and
Kaiser Parkway, because they are not arterial roads. In
reviewing these documents and negotiating with bond counsel,
we have attempted to obtain the best possible #deal# for the
City within the constraints imposed by time and positions
negotiated previously by the County. The Water District,
the developer and the County attorneys have been most
responsive and helpful.
oTayco (Costain Homes) is the developer of Vintage Hills,
part of Margarita Village. That development is governed by
the Margarita Village Specific Plan and Development
Agreement No. 5. The specific plan and the conditions of
approval for the tracts within Vintage Hills require that
the developer do the following: (1) grade and construct
Butterfield Stage Road between Rancho Vista Road and Pauba
Road; 2) grade Rancho Vista Road from the westerly boundary
of Parcel 6 of the project east to Butterfield Stage Road;
(3) grade and construct Kaiser Parkway from the intersection
of Rancho Vista Road South to Pauba Road; and (4) grade the
southerly half of Rancho California Road from the westerly
tract boundary of Parcel 1 to Butterfield Stage Road
(collectively called the "Street Improvements").
The developer has agreed to build portions of arterial roads
in exchange for other benefits granted by the County in the
specific plan and Development Agreement No. 5. These roads
would be graded and constructed to the specifications in the
Specific Plan and to County standards referenced in the
conditions of approval. Rancho California Road and
Butterfield Stage Road are defined as arterial roads in the
specific plan, while Kaiser Parkway and Rancho Vista are
defined as secondary roads (although the developer considers
Rancho Vista to be a major road). In addition, County
-2-
sff/AGD12345
ordinances require the developer to stripe and sign
completed roads and to pay traffic signal mitigation fees to
the County.
The Rancho California Water District (the "Water District")
is proceeding with a Mello-Roos Community Facilities
District (#CFD") to finance certain water and school
district facilities by levying a special tax on undeveloped
property and sell bonds secured on the special tax and the
property. At the request of the developer, the Water
District included the financing of roads and certain local
drainage facilities, which the developer otherwise would be
required to build with his own funds as a condition of
project approval. There is no requirement of any kind that
public financing be used for these roads or drainage
facilities.
The major issue before the City is the financing of roads
pursuant to the Joint Financing Agreement among CFD No. 88-
3, the County, the City and the Developer. The City is
being asked to approve the financing of these roads by the
Water District although the City is in no way pledging any
of its funds. In addition, the City is being asked to
accept the roads into the City system when completed to its
satisfaction. For example, the City would not accept a road
which had not been paved to its standards, striped and
signed. The developer must maintain the roads until they
are accepted into the City system. The agreements contain a
provision which recognizes that City road responsibilities
currently are performed by the County by statute and may be
performed by the County by contract as of July 1, 1990. It
further provides that any traffic signal mitigation fees
must be paid directly to the City rather than the County.
The City has no obligation to approve these agreements and
the developer is required to build the roads even without
public financing. While the roads probably will be built
sooner as bond proceeds will be available immediately for
their grading and construction, the City will have "used up"
a portion of its available bonding capacity, which capacity
would otherwise be available for City projects (such as the
completion of roads graded by this CFD). In other words,
the property within Margarita Village within Vintage Hills
will be subject to a special tax lien for these
improvements. There is a limit on the amount of such debt
which residential property can bear. Allowing the financing
of roads the developer must build anyway therefore raises a
significant policy decision.
-3-
sff/AGD12345
In general, cities do not use their tax-exempt financing
power to build non-arterial roads, such as Kaiser Parkway
and Rancho Vista. Instead, they reserve the use of such
power for arterial roads which benefit the City rather than
just one development or to create inducements for
developers. In fact, the policy adopted by the Board of
Supervisors last May 2, 1989 provides as follows:
#The County encourages the development of
commercial or industrial property. The Board
of Supervisors will consider the use of
community facilities districts (hereinafter
#CFDs") or special benefit assessments
districts (hereinafter "Assessment Districts")
as well as other financing methods to assist
these types of development. Where, in the
County's opinion, the public facilities of a
residential development represents a
significant public benefit, this type or other
appropriate types of public financing will
also be considered.
While recognizing that public facilities
proposed to be financed must meet a public
need and must benefit properties within the
proposed development project, public benefit
implies that a significant benefit will also
result to the community at large. An example
of significant public benefit is a public
facility having regional impact such as an
all-weather bridge, a freeway overpass, a
regional water or wastewater treatment plant,
etc. Significant public benefit can also take
the form of affordable housing through reduced
housing costs. etc."
Based upon this definition of "significant public benefit",
while we can recommend allowing such financing of Rancho
California and Butterfield Stage Road, we cannot recommend
that such financing should be used for the non-arterial
roads like Kaiser Parkway and Rancho Vista. Nonetheless,
the Council may choose to agree to financing of these two
roads as well, on the basis that it is carrying out a deal
passed on by the County.
The Joint Financing Agreement for the local drainage
facilities raises a different issue. The local drainage
facilities included are a concrete storm drain pipe in
Butterfield Stage Road between Rancho California and Rancho
Vista Road. We have stated to the Water District counsel
-4-
sff/AGD12345
that we will be responsible for local drainage facilities
but that in no way will the City contribute at this time to
regional facilities, which should be constructed and
maintained by or for the Flood Control District.
The Acquisition Agreement provides that subject to the
procedures set out there and in the Joint Financing
Agreement, the City would accept the Street Improvements and
local drainage facilities when completed to its satisfaction
and would be responsible for their maintenance.
Finally, the Resolution provides that the Council finds that
approval of these documents benefits the community. Such a
finding is required under the Mello-Roos Act.
-5-
sff/RES18395
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING CERTAIN JOINT
FINANCING AGREEMENTS BY AND BETWEEN THE
CITY OF TEMECULAAND COMMUNITY FACILITIES
DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA
WATER DISTRICT
WHEREAS, the Board of Directors of the Rancho
California Water District (the "Board") has commenced
proceedings for the formation of Community Facilities
District No. 88-3 of the Rancho California Water District
("Community Facilities District No. 88-3") pursuant to the
Mello-Roos Community Facilities Act of 1982, Sections 53311
et seq. of the Government Code of the State of California
(the "Act#) by its adoption of Resolution No. 89-7-6 on
July 7, 1989; and
WHEREAS, by adoption of Resolution No. 89-9-1 on
September 8, 1989, the Board established Community
Facilities District No. 88-3, authorized the levy of a
special tax within Community Facilities District No. 88-3
and determined the necessity to incur bonded indebtedness in
an amount not to exceed $8,500,000 in accordance with the
notice and hearing requirements of the Act; and
WHEREAS, Tayco, a California General Partnership,
is the sole owner of land (the "Property") located in
Community Facilities District No. 88-3 and the development
plan for the Property requires the construction of certain
road and local drainage, to be owned and operated by the
City of Temecula (the "City"); and
WHEREAS, it has been proposed that the Board acting
as the legislative body of Community Facilities District
No. 88-3, enter into the following agreements with the City
entitled:
#JOINT FINANCING AND ACQUISITION AGREEMENT AMONG
COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE
RANCHO CALIFORNIA WATER DISTRICT, THE COUNTY OF
RIVERSIDE, THE CITY OF TEMECULA, THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT AND TAYCO, A CALIFORNIA PARTNERSHIP", and
sff/RES18395
"JOINT FINANCING, CONSTRUCTION AND ACQUISITION
AGREEMENT AMONG COMMUNITY FACILITIES DISTRICT NO.
88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT, THE
COUNTY OF RIVERSIDE, THE CITY OF TEMECULA AND
TAYCO, A CALIFORNIA PARTNERSHIP."
WHEREAS, the proposed Joint Financing and
Acquisition Agreements attached to this Resolution as
Exhibit "A" and "B", and incorporated by this reference
herein has been prepared by counsel for the Board of
Directors of District and reviewed by Counsel for all
parties;
WHEREAS, the City Council now has reviewed the
proposed Agreements pursuant to Government Code Section
53316.2 and finds that approval of the Agreements is
beneficial to the residents of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Temecula;
SECTION 1. The Agreements attached as Exhibit A and
B is hereby approved in substantially the form presented.
SECTION 2. The Mayor and City Clerk are hereby
authorized to execute the Agreements and the City Clerk
shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this
, 1990.
day of
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 day
of , 1990 by the following vote of the
Council:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
F. D. ALESHIRE
CITY CLERK
JOINT FINANCING AND ACQUISITION AGREEMENT AMONG
COMMUNITY FACILITIES DISTRICT NO. 88-3
OF THE RANCHO CALIFORNIA WATER DISTRICT,
THE COUNTY OF RIVERSIDE, THE CITY OF TEMECULA,
THE RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT AND
TAYCO, A CALIFORNIA PARTNERSHIP
THIS JOINT FINANCING AND ACQUISITION AGREEMENT (the
"Agreement") is dated as of March 1, 1990, by and between
COMMUNITY FACILITIES DISTRICT NO. 88-3 OF RANCHO CALIFORNIA
WATER DISTRICT, a legally constituted governmental entity
organized and existing pursuant to Division 2, Part 1,
Chapter 2.5 of the California Government Code (hereinafter
"CFD NO. 88-3"), the COUNTY OF RIVERSIDE, a political
subdivision of the State of California, (hereinafter
"County"), the CITY OF TEMECULA, a municipal corporation
organized and existing under the laws of the State of
California (hereinafter "City"), RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a public agency
organized and existing pursuant to Chapter 48 of the Appendix
to the California Water Code (hereinafter "RCFCWCD") and
TAYCO, a California partnership (hereinafter "Property
Owner").
RECITALS :
A. Property Owner is the owner of a development
project known as "Vintage Hills" located wholly within the
City of Temecula and approved by County' as a portion of the
-1-
Margarita Village Specific Plan (the "Project"), a map of
which is attached hereto and incorporated herein as Exhibit
"A". The Project at the time of approval of said specific
plan by County lay within unincorporated territory.
Subsequent to County's approval of the Project, the City was
unincorporated on December 1, 1989 and the Project now lies
within the City.
B. Property Owner plans to develop the Project for
residential uses. The development plan includes the
construction of flood control and drainage facilities to be
owned and maintained by RCFCWCD and the City (the "Flood
Control Facilities"), as depicted and described in Exhibit
"B" which is attached hereto and incorporated herein. By
statute, the County must maintain until July 1, 1990 the
portion of the Flood Control Facilities which, but for the
incorporation of City, it would have owned and maintained in
public rights-of-way, such as drainage inlets and connectors.
At this time it is probable that County will maintain such
Flood Control Facilities for some period beyond July 1, 1990
pursuant to an agreement to be entered into between County
and City. Accordingly, all references to the City herein as
to various acts to be performed with respect to the
construction, acquisition and maintenance of the Flood
Control Facilities to be owned and maintained by City shall
also be deemed to refer to County until such time as County
is relieved of such duties by statute or contractual
agreement.
-2-
C. Property Owner initiated by written petition and
thereafter the Board of Directors of the Rancho California
Water District (hereinafter "RCWD") by adoption of Resolution
No. 89-9-1 on September 8, 1989 completed proceedings for the
formation of CFD No. 88-3 pursuant to the Mello-Roos Commun-
ity Facilities Act of 1982, as amended, Section 53311 et seq.
of the California Government Code (hereinafter the "Act"), to
provide financing for the construction and acquisition of
certain public facilities (the "Facilities"), which include
the Flood Control Facilities. The boundaries of CFD No. 88-3
are depicted on the map attached hereto and incorporated
herein as Exhibit "C". CFD No. 88-3 lies entirely within the
Project and consists of approximately 303 acres. TAYCO is
the owner of all property within CFD No. 88-3.
D. The proceedings to establish CFD NO. 88-3 included
a special election wherein the qualified electors authorized
bonded indebtedness in the amount of $8,500,000 and author-
ized an annual levy of a special tax (hereinafter the
"Special Tax") within CFD No. 88-3 to fund debt service on
such bonded indebtedness. Pursuant to such authorization,
CFD No. 88-3 contemplates the issuance and sale of Series A
Bonds in the approximately amount of $8,200,000 (hereinafter
the "Bonds") pursuant to a bond resolution adopted by the
legislative body of CFD No. 88-3 (the "Bond Resolution").
E. CFD No. 88-3 and Property Owner will enter
concurrently into the "Agreement For Acquisition" (herein-
after the "Acquisition Agreement") a copy of which is
-3-
attached hereto and incorporated herein as Exhibit "D". The
Acquisition Agreement provides for the financing of the
Facilities and sets forth procedures for the design, engin-
eering, construction and acquisition of certain of the
Facilities. The Acquisition Agreement is intended, together
with this Agreement, to set forth the procedures which must
be followed pursuant to Section 53313.5 of the Act in order
to legally and validly acquire the Street Improvements and
certain other Facilities.
F. In contemplation of the issuance and sale of the
Bonds, Property Owner has advanced moneys for the purpose of
financing the design and construction of the Flood Control
Facilities. The design and construction of the Flood Control
Facilities in Butterfield Stage Road from Rancho California
Road south to Rancho Vista Road is the subject of an
agreement heretofore entered into by and among the Property
Owner, the County and RCFCWCD, dated March 14, 1989 covering
the design and construction of a 60" reinforced concrete
storm drain pipe, as described and depicted in said
agreement, a copy of which is
incorporated herein as Exhibit "E"
Agreement").
attached hereto and
(the "Storm Drainage
G. CFD No. 88-3, City, County and RCFCWCD desire to
enter into this Agreement pursuant to Sections 53316.2,
53316.4 and 53316.6 of the Act.
-4-
AGREEMENT
NOW, T~EREFORE, in consideration of the mutual covenants
hereinafter contained, the parties agree as follows:
1. Sale of Bonds and Use of Proceeds. CFD No. 88-3
shall proceed with the issuance and sale of the Bonds at such
time and in such amounts as CFD No. 88-3, in its sole discre-
tion, may determine is appropriate to finance the design,
engineering, construction and acquisition of the Facilities,
including the Flood Control Facilities. CFD No. 88-3 shall
make disbursements out of the proceeds of the Bonds to pay
for such costs and certain other incidental costs as herein-
after described. Such proceeds, however, may be expended by
CFD No. 88-3 for any lawful purpose, including the financing
of the Flood Control Facilities, as CFD No. 88-3 shall deter-
mine to be appropriate. CFD No. 88-3 shall strictly account
for the disbursements of the proceeds of the Bonds.
2. Flood Control Facilities Design and Construction.
The Flood Control Facilities have been designed and engin-
eered by Property Owner and constructed consistent with the
procedures set forth in the Storm Drainage Agreement and by
RCFCWCD. The costs of the construction of the Flood Control
Facilities shall be paid by CFD No. 88-3 from the proceeds of
the sale of the Bonds in accordance with the Acquisition
Agreement.
3. Design and Construction Budget. Exhibit "B" sets
forth the budget for the construction of the Flood Control
Facilities. In addition to the cost of specification and bid
-5-
preparation and the construction of the Flood Control Facili-
ties, such costs may include, without limitation, the esti-
mated costs of permits, licenses, easements, land, engineer-
ing, inspection and legal fees, construction contingency and
RCFCWCD's and City's general and administrative costs
reasonably devoted to the design approval and inspection of
the Flood Control Facilities.
4. Engineering and Design of the Flood Control Facili-
ties. Property Owner employed a properly qualified regis-
tered civil engineer (the "Design Engineer") to design and
prepare detailed bid documents, construction plans and
specifications (the "Bid Documents") for the Flood Control
Facilities, including required system layout drawings and
construction plan-profile drawings, in accordance with
RCFCWCD's standard design criteria, the Storm Drainage
Agreement and consistent with the Margarita Village Specific
Plan and conditions of approval for the Project.
5. Construction of the Flood Control Facilities.
Property Owner has constructed the Flood Control Facilities
in accordance with the procedures set forth in the Storm
Drainage Agreement and by RCFCWCD, consistent with the
Margarita Village Specific Plan and conditions of approval
for the Project. All payment requests for the acquisition
costs of the Flood Control Facilities shall be handled
consistent with the Acquisition Agreement.
6. Shortfall. In the event the actual construction
costs for the Flood Control Facilities exceed the budgeted
-6-
amount as shown on Exhibit B, Property Owner shall pay the
amount necessary to complete the construction of the Flood
Control Facilities. The procedures provided for herein shall
also apply to the extent approved change orders result in
construction costs exceeding the amounts budgeted for the
Flood Control Facilities. Property Owner shall not be
released from constructing any Street Improvement in the
event that the proceeds of the Bonds are insufficient to pay
the costs of construction, but shall be required to complete
the Flood Control Facilities.
7. Use of Funds. CFD No. 88-3 shall use the proceeds
in the Improvement Fund (as defined and established by the
Bond Resolution) exclusively for the payment of the
construction and acquisition costs of the Facilities,
including the Flood Control Facilities.
CFD No. 88-3 shall strictly account for the expenditure
of such proceeds. It is the intention of the parties that
payments from the Improvement Fund shall be only in
connection with the payment request form for costs and
expenses paid or incurred, including, without limitation, any
amounts owing for the Flood Control Facilities. CFD No. 88-3
shall account for, deposit, invest and reinvest such funds in
the manner required by the Bond Resolution.
8. Inspection. Construction of the Flood Control
Facilities has been subject at all times to inspection by
RCFCWCD in accordance with the Storm Drainage Agreement and
RCFCWCD procedures. RCFCWCD personnel have inspected the
-7-
furnishing, construction and installation of the Flood
Control Facilities to assure compliance with RCFCWCD's
approved construction plans and specifications and the Storm
Drainage Agreement. The Property Owner shall be required to
repair any and all installed facilities which have been
damaged by any party prior to RCFCWCD's and City's final
acceptance of the Flood Control Facilities for ownership,
operation and maintenance, which final acceptance shall
follow final inspection and testing of the Flood Control
Facilities after completion thereof. Property Owner will be
required to: (i) make any and all corrections and/or repairs
determined by RCFCWCD and City inspection personnel to be
necessary and consistent with the approved construction plans
and specifications, including, but not limited to, any
erosion repair or accumulated debris removal and (ii) provide
a one (1) year materials and workmanship guarantee, the
precise nature of which will be agreed upon by RCFCWCD and
City, providing that Property Owner will repair, at its
expense, all failures of facilities which it furnished,
installed and/or constructed due to faulty materials or
installation, including settlement of backfill within said
one-year period.
9. Completion of Construction. RCFCWCD and City shall
notify CFD No. 88-3 in writing of their acceptance of the
Flood Control Facilities to be owned by them following final
inspection by RCFCWCD and City and then Property Owner shall
prepare and execute a Notice of Completion as to such
-8-
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.
10. Use of Flood Control Facilities. Upon acceptance
of the Flood Control Facilities by RCFCWCD or City, as the
case may be, said facilities shall be and remain the sole and
separate property of RCFCWCD and City, as applicable. The
Flood Control Facilities shall be operated, maintained and
utilized by RCFCWCD and City, as applicable, to serve the
Project and other land pursuant to applicable RCFCWCD/ City
rules, regulations policies and procedures.
11. Conveyance of Title. Property Owner shall transfer
and convey, to such party as City and RCFCWCD may agree upon,
fee simple title or easements as deemed necessary by such
party, including ingress and egress, on and over property
within the Project on which the Flood Control Facilities are
constructed. Said rights-of-way shall be conveyed free and
clear of all liens and encumbrances, assessments, taxes and
leases, except those which are acceptable to the party to
which such rights-of-way are to be conveyed as provided
herein. Property Owner shall transfer title to such land or
rights-of-way on such documents as City and/or RCFCWCD may
prescribe.
12. Acceptance. RCFCWCD (consistent with the Storm
Drainage Agreement) and City agrees to accept title to, and
provide service through, the Flood Control Facilities to be
-9-
owned by them, subject to certification by the RCFCWCD and
City, as the case may be, that such Facilities have been
completed in accordance with the plans and specifications and
provided that title to the Flood Control Facilities is free
of all liens and encumbrances not otherwise acceptable to
RCFCWCD and City. For those portions of the Flood Control
Facilities for which fee title is transferred, RCFCWCD and
City shall require a policy of title insurance for each
parcel to be conveyed to it in an amount which is not to
exceed Fifty Thousand Dollars ($50,000).
13. Maintenance. Prior to the transfer of ownership of
the Flood Control Facilities to RCFCWCD and City, as the case
may be, Property Owner shall be responsible for their
maintenance. Upon acceptance of the Flood Control Facilities
by RCFCWCD and City, as the case may be, RCFCWCD and City
(except as previously noted in recital "B" above), as the
case may be, shall be solely responsible for the maintenance
thereof and all rights, duties and obligations of Property
Owner for said maintenance under this Agreement shall
terminate; provided, however, that CFD No. 88-3 shall
reimburse RCFCWCD for the maintenance of a box culvert to be
constructed in the Long Valley Wash Channel adjacent to
Tract 22715 and 22716 during the nine years following its
acceptance by RCFCWCD, but only from the proceeds of the
special tax levied by CFD No. 88-3 therefor. City grants to
RCFCWCD the right to maintain the Flood Control Facilities
which are within City's rights-of-way.
-10-
14. Administrative Costs. The estimated administrative
costs of Property Owner, CFD No. 88-3, RCFCWCD and City which
include but are not limited to the reasonable cost of all
fees and costs incurred in obtaining permits, licenses,
rights-of-way or easements, and engineering, legal, fiscal,
and inspection fees and land acquisition costs are provided
for in Exhibit "B." CFD No. 88-3 shall cause to be
reimbursed from the Improvement Fund the reasonable
administrative costs actually incurred by Property Owner, CFD
No. 88-3, RCFCWCD and City. Such costs shall be reimbursed
within a reasonable time after presentation of a request
therefor.
15. No Obligations Assumed. Nothing herein shall be
construed as requiring CFD No. 88-3 to issue or sell Bonds
pursuant to the Act or any other law or regulation requiring
the construction of the Flood Control Facilities.
16. Indemnification and Insurance. Property Owner
shall assume the defense of, indemnify, protect and hold
harmless CFD No. 88-3, RCFCWCD, County and City and their
respective officers, volunteers, employees, attorneys and
agents, 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, (i) the actions of
Property Owner required in the performance of this Agreement
and (ii) the design, engineering and construction of the
Flood Control Facilities designed, engineered and constructed
-11-
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 Flood Control Facilities by
RCFCWCD and City whether or not an action or claim is filed
by the date of acceptance of the Flood Control Facilities;
and provided further that, nothing in this paragraph shall
limit, in any manner, RCFCWCD's and City's rights against any
of Property Owner's contractors, architects or engineers. No
provision of this Agrement 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 contractors, agents or employees.
CFD No. 88-3 shall assume the defense of, indemnify,
protect and hold harmless Property Owner, RCFCWCD, County
and City and their respective officers, volunteers,
employees, attorneys and agents, 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 88-3 pursuant to the
Agreement. No provision of this Agreement shall in any way
limit the extent of the responsibility of CFD No. 88-3 for
payment of damages resulting from its own operations or the
operations of any of its contractor, agents or employees.
RCFCWCD shall assume the defense of, indemnify, protect
and hold harmless CFD No. 88-3, Property Owner, County and
-12-
City and their respective officers, volunteers, employees,
attorneys and agents, 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 RCFCWCD taken in the performance of this
Agreement. No provision of this Agreement shall in any way
limit the extent of the responsibility of RCFCWCD for the
payment of damages resulting from its own operations or the
operations of any of its contractors, agents or employees.
County shall assume the defense of, indemnify, protect
and hold harmless Property Owner, RCFCWCD, CFD No. 88-3 and
City and their respective officers, volunteers, employees,
attorneys and agents, 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 County pursuant to the Agreement. No provision of
this Agreement shall in any way limit the extent of the
responsibility of County for payment of damages resulting
from its own operations or the operations of any of its
contractor, agents or employees.
City shall assume the defense of, indemnify, protect and
hold harmless CFD No. 88-3, Property Owner, County and
RCFCWCD and their respective officers, volunteers, employees,
attorneys and agents, and each and every one of them, from
and against all actions, damages, claims, losses, liabilities
-13-
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.
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, other than
County acting as such contractor or agent pursuant to law or
contract between City and County.
As required by the Acquisition Agreement, Property Owner
will assure RCFCWCD, City, County and CFD No. 88-3 that it
shall furnish to RCFCWCD, County and City a certificate of
insurance substantiating that it has obtained a comprehensive
general liability insurance policy from a company acceptable
to County, City and CFD No. 88-3 having a combined single
limit of liability in the amount of $2,000,000 or as provided
in the Storm Drainage Agreement, if applicable. Said
certificate of insurance shall include an endorsement naming
RCFCWCD, CFD No. 88-3, County, City and Property Owner, and
their respective officers, volunteers, employees, attorneys
and agents as additional named insureds.
17. 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. 88-3 issues the
Bonds. Should CFD No. 88-3 not sell the Bonds, this Agree-
ment shall terminate and be of no further force and effect.
-14-
18. 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 certi-
fied, postage prepaid, addressed as follows:
Property Owner:
District:
CFD No. 88-3:
County:
City:
TAYCO
c/ Costain Homes, Inc.
620 Newport Center Drive
Suite 440
Newport Beach, CA 92660
Attn: Robert Dieudonne,
Project Manager
Riverside County Flood Control
and Water Conservation District
P.O. Box 1033
1995 Market Street
Riverside, CA 92502
Attn: Chief Engineer
(714) 787-2016
Community Facilities District
No. 88-3 of the Rancho
California Water District
28061 Diaz Road
Temecula, CA 92390
Attn: Director of Finance
Road Department
County of Riverside
4080 Lemon Street, 8th Floor
Riverside, CA 92501
Attn: Ivan Tennant, Acting
Road Commissioner
(714) 275-6740
City of Temecula
P.O. Box 3000
Temecula, CA 92390
Attn: City Manager
-15-
Each party can change its address for delivery of notice
by delivering written notice of such change or address to the
other parties within twenty (20) days of such change.
19. Captions. Captions to Sections of the Agreement
are for convenience purposes only and are not part of this
Agreement.
20. Severability. If any portion 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.
21. Assignment. Property Owner may, with the prior
written consent of CFD No. 88-3, City and RCFCWCD, which
consent shall not be unreasonably withheld, assign all or a
portion of its rights and obligations under this Agreement to
persons or entities acquiring from Property Owner title to
any property within CFD No. 88-3.
22. Storm Drainage Agreement. It is the intent of the
parties hereto that this Agreement be interpreted
consistently with the provisions of the Storm Drainage
Agreement. In the event that any of the foregoing provisions
of this Agreement conflict with the terms of the Storm
Drainage Agreement, the provisions of the latter shall
control to the extent necessary.
-16-
23. Successors and AssiGns. This Agreement shall be
binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
24. Entire Agreement. This Agreement shall be binding
upon and inure to the benefit of the successors and assigns
of the parties hereto.
25. Amendments. This Agreement may be amended or
modified only in writing signed by all of the parties.
26. Exhibits. The following exhibits attached hereto
are incorporated into this Agreement by reference.
Exhibit Description
"A" Map of Project
"B" Flood Control Facilities
Description and Budget
"C" Map of CFD No. 88-3
"D" Acquisition Agreement
"E" Storm Drainage Agreement
(March 14, 1989)
27. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
-17-
IN WITNESS W~EREOF, the parties have executed this
Agreement as of the day and year first above written.
COMMUNITY FACILITIES DISTRICT
NO. 88-3 OF THE RANCHO
CALIFORNIA WATER DISTRICT
By:
President of the Board of
Directors, Ex Officio the
Legislative Body of
Community Facilities
District No. 88-3 of the
Rancho California Water
District
ATTEST:
By:
Secretary of the Board of
Directors, Ex Officio the
Clerk of Community Facilities
District No. 88-3 of the Rancho
California Water District
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By:
Chairman of the Board of
Supervisors
RECOMMENDED FOR APPROVAL:
By:
Kenneth L. Edwards,
Chief Engineer
-18-
APPROVED AS TO FORM:
County Counsel:
By:
Deputy
ATTEST:
By:
Clerk of the Board of
Supervisors
COUNTY OF RIVERSIDE
By:
Chairman of the Board of
Supervisors
RECOMMENDED FOR APPROVAL:
By:
APPROVED AS TO FORM:
County Counsel:
By:
Deputy
ATTEST:
By:
Clerk of the Board of
Supervisors
-19-
CITY OF TEMECULA
ATTEST:
By:
Mayor
By:
City Clerk
TAYCO, a California partnership
By: COSTAIN HOMES, INC., a
Delaware corporation
By:
Signature
Printed Name
Its:
TAYLOR WOODROW INC., a
California corporation
By:
Signature
Printed Name
Its:
5/146/006634-0138/051
-20-
EXHIBIT "A"
EXHIBIT "B"
DESCRIPTON OF FLOOD CONTROL FACILITIES
(1) The storm drain channel improvements for Long
Valley Wash adjacent to Rancho California Road within Parcel
2 (to be owned by City or its designee).
(2) Storn drain improvements from Rancho California
Road south to Rancho Vista Road (to be owned by RCFCWCD).
UJ
EXHIBIT "B"
JUNE 26, 1989
2&$;'0/24871
NELLO-RCO~ DIGTRICT FIJ~DS
SUNHARY
UNIT UNiT TOTAL
DESCRIPTION UNIT C~JANTITY PRICE COST
LOnG VALLEY WASH CHANNEL
RE~F. CON:. RIBBO~ LF
~TTER PER DET. ~ SHT. NO, 7
£EZHF. CONC. DEBRIS ~ALL CY
P!ER EXT. PER DET. Ok SHT. ~0, ?
REZNF. CONC. PARAPET WALL CY
PER OET. OK SHT. 7
RE!NF.CO~C.~HUTE-TRANSITIOg CY
STRUCTURE PER OET.ON
1/2" DIA.P.V.C. VEEPHOLES W/ EA
S~A~]N~ INdiCATED I~ PLA~ & ~RO~:LE
& R:FCI, D STD,D~G. 3~6
~/~ T. OROUTED RiP-RAP
P~R D~T.ON SHT. 7 & LIMITS
O~ PLAN
1/~ T. LOOSE RiP-RAP CY
~ER LIMITS ON PLAN
$,D. JUNCTION STRUCTURE go.1 EA
PE~ RCF',~D STD. DWG. NO. J$ 226
&" THK.GRAVEL ACCESS ROAD CY
SURFACE W/2-1/2" CRUSHED ROCK
CSP RISER INLET PER DET.
O~ $HT. NO. 8
CHP RISER INLET PER NlOB EA
~]PE ~NTRANCE TO EARTH CY
CHAN#EL JU#¢T,STRU~TURE PER DET,
~ SKT.NO. T
EART#ED TRAPEZOZDAL CHANNEL
PER PLAN,PROFILE L TYPICAL SECT.
DB~o 10~ X 6' REINF, CONe. BOX LF
~J~VERT PER OET.ON SNT.NO.9
1,717 27.00
3.~ 350,00 1,225
1.6 350.00
~0 350.0¢ ~,~00
119 $0.00 3,570
Z,953 78,00 230,33~
728 40.00 29,1Z0
3 3,000.00 %000
43 30.00 1,~90
2 1,000.00 2,000
1 1,000.00 1,000
16,097 1.00 16,097
&E2 690.00 291,180
EXHIBIT "B"
NELLO-ROOS DISTRICT FUKDS
d.N, 247'PJ/247i'6/ SUMMARY
UNIT UNIT TOTAL
~ESCRIPTION UNIT QUANTITY P~ICE LOST
LONG VALLEY UASN CHAKNEL, LONT.
TINBER BARRICADE PER DET. EA
ON $KT. NO. 7
2~" RCP D-11~O (ALT. 2&# LF
$RP 12 ~.)
36" RCP D-1750 CALT. 36" LF
$RP 12 GA.)
REINF. CONe. CUTOFF gALL PER CY
DET. ON SHT.NO. ?
REINF. CONe. BOX ~J. ILVERT EA
~INDO~ PER DET, ON SHT.NO. B
CHAIN LINK FENCE PER RCFC~CD LF
$TD.D~G. N801
TIKBER BULKHEAD PER RCFCWCO EA
JUN:TION STRUCTURE NO. ~ PER EA
R:FC~CD $T.O~G.NO. J~ 227
REKOV~ EXIST. 36" SRP (3Z LF) LS
SG" RCP (O-l~OO) (ALT.SG" LF
SR~ 1Z GA.)
CON~. PIPE COLLAR PER RCFCWCD EA
MANHQLE NO.3 PER R~FC~:D EA
~TD.D~.NO. HH ZS3
10" ABS SBR 35 LF
51" RCP LF
3 500.00 1,500
16T 48.00 8,016
l~S 65.00 9,425
7.8 350.00 2,730
Z 500.00 1,000
1 100.00 100
I 3,000,00 3,030
1 500.00 SO0
lZO 100.00 12,000
1 1,000.00 1,000
1 Z,600.OO 2,600
30 21.00 630
8 93.00
TOTAL LONG VALLEY UASH
696,687
JUNE ?.6, 1989 ********************************
MELLO-RO0~ OISTRZCT FUNDS
$UMNARY
J.N. 2~775/2~7'/6/ *--***************************
2481'0/2~71
UNIT TOTAL
DESCRIPT]O# UNIT QUANTITY PRIg COST
60" RCP
JS KO. 3 PER ~CFCt,~CD JS 228 EA
!~HOLE NO. 2 PER RCF¢,&W~D ~H2~2 EA
WING TYP~ HEADWALL
~ANO SLURRY FILL EX.~2"CH~(280LF)
B~]CK ~ E~S OF G2" C~P
JUHCTZ~ ~TRUC~E NO. 2 EA
CO~C. ~LKH~ F~ RCF~CD H816 EA
36" ~CP ~1~0 D) LF
18" ~CP CLA~ IV (A~T 18"C~P) LF
~TCH SAIIN NO. 1 (g-7) PER EA
~F~&~ STD,D~G, LD 201
S~N~E 10~ X 6' R~B P~R ~ALTRA~S
STD. PLANS DS0 & BOX
P~R DET. 1~ ON SHT. NO, S D83
80X ~ULVERT ~ING~AL~S CTYPE "A")
P~R ~LTRARS STD. PLANS
RA~E N.H. TO FINISH GRAB~ EA
[XTRA DEPTH FOR N.H. NO. 2 FT
NANHOLE SAFETY LEDGE
~ER EXCAVATION FOR ~TORH BRAIN CY
1,6Z8 112.00 182,336
I 3,000.00 3,000
2 2,600.00 5,200
3,7~ 350.00 1,313
1 2,000.00 2,000
& 200.00 800
1 3,000.OO $,000
1 100,00 100
36 65,00 2,340
10 ~2.00 420
1 1,~0.00 1,850
89 355.00 31,S95
2 3S0.00 700
S2 350,00 1E,200
~ 100.00 ~00
40 100.00 ~,000
2 1,000.00 2,000
17,434 1.03 17,434
TOTAL BUTTERFIELD STAGE ROAD - STORM DRAIN
,/
EXHIBIT "C"
&
'~0
16
l?
~0
~8
~?~
RI~RSID~. he~ei~a~e~ called ~TY,u and TAYTO. a
Cali~o~nia general ~ac~ne~lhi~, hezeinat~ec eelled "D~LOPER,"
agree as fo~ovo~
A. DEVELOPER has submitted for approval Tenta~ive
Tract Nos. 2271S and 2271e in the Rancho California area of
voltern Riverside County, and as a eaRdillon foe approval.
DEVELOPER Uvst cons~ruc~ certain flood control facilities in
order to p~ovide flood pcoCec~ion fez DEVELOPER'S planned
development; and
B. Said required facili~tes include a 60" zein~orce~
conc=e~e pipe in Bu~e:fleld Stage Road, hereinafter oalled
'STORM DRAIN,~ as shov~ in red on Exhibit ~A" attached ~e:eto,
extending ream a point not~hvei~e~ly o~ Rancho Vista Road ~o a
point o~ connec~ion vi~h an existing coinforced eoncce~e box
oressing teac nan~no California Road~ and
C. STORM DRAIN is one o! numerous public facilities
proposed to be ~unded and coRot:veXed through p:oceeding8
associated vi~h CO~qTY,S Xssessuen~ ~isc:ic~ He. ISJ CRancho
Villages). however, in o£der ~o expedite ~he installation of
STORM DRAIN, DBVELOPBR desires ~o Zund and construct STORM ~RAXH.
exciteire of such asseseuen~ dietriot financing: and
cesponlibiliW toe the opsca~ion and maintenance of STORM DRAIN.
Therefore. DISTRICT Bus~ review end approve the p~ans and
speelfiea~ions and subsequently inspect the construction o! STOIm
~RAm: and
· . DISTRICT is willing ~o review and approve plant and
s~ecifiaatione prepared by DRV~LOPBR ~or STORM DRAIN and is
~u~Chec vil~tng to provide construction inspection of STORM
DRAIN, provided ~LOPRR deposits with DISTRICT the &moun~ as
epeci£1ed he~ein to oove: ~he co,~ for conedruction inspection:
and
F. DISTRICT is willing to Retune ownership and
responsibility £ot the o~eration and Baintenants of STORM DRAIN.
excluding inlets and eonnec~or pipes within COOHTY rights of yaM.
provided (i) DEVELOPER ooup~ie, with this agreeBent,
DEVELOPER deposits v~th DISTRICT ~he amounts as specified herein
EXH~BTT "E"
~ENT By:C~TI:IIN HOfiUS INC ~18-31-~ 11:~ClM ; 714~1~-) 94185"'~;# ~
1
·
§
'7
15
~B
maintenance oders of STORHDRAIN, (tit) 8TOEHDRAZN is
by DIBTRZ~T, and (iv) all rights of way deemed neeossify by
in~udiag ingress end agEess,
operation end maintenance eelponaibilitiel alSOtilted With STORM
DRAIN, the added relpOnltbilit¥ of removing dab:is which may
in Butterfield Stage Road, hereinafter called "BOX~, al shown in
concept in blue on Exhibit 'A", provided COUNTY grants DISTRICT
the :ig~C to peraDEn laid VorX vt~hin CO~ :ightl o~ way: and
H. COUNTY is willing (i) to exclude STOBJ(DRAIN Seem
future Aleelement District No. lag (Rancho Villages) financing
conaide=at/on, (el) to g~ant DISTRICT the righ~ to operate an~
maintain STORM DRAIN and remove dabrio from BOX vi~hin CO~
opeEo~ton fn~ matn~onon~o responsibilities ~or BOX, an~ (iv) ~o
accept responsibility ~o: the o~e:acion ind maintenance o~ STO~
D~TN inle~, and connects: pipes vi~hin CO~ rig~ce o~ va~,
z. Tentative Tract NOl. ZC?IS and 22716 are part o~
Specific Plan No. lag (Margarita village) and are subject to the
provisions of Developmen~ Agreemen~ No. 5 recorded November ?.
1}lB, II lnlCrumant No.
NOW. THEREFORE, the parties hereto mutually &g:ee &l
B~CTION I
DEVELOPER lhall:
1. Propane plans and Ipocification8 for STORM DRAIN in
accordsace with DISTRICT standards and labmir the plans and
specifications to DISTRCCT for it, ~evie~ and approval.
3. Pay DISTRICT (Zone ? Maintenance Trust Fund No.
732-&4-0S0-3211) upon execution of this agreement. the one
ellh lUm Of 814,97S.00, the agreed upon DISTRICT estimated amoun~
necessary to cove~ DISTRICT operation and maintenance col~e
STORM DRAIN through the yea~ l~ge.
not/as prior to the start of conetcuction of 8TOJCq DRAIN, and at
the time of said volcoon notice, deposit with DISTRICT CAtcount
No. I-8-3gl-10-O1S) the sum or 120,000.00. the DISTRICT eetima~ed
cost of providing construction inspection for STORM 9RAIS.
4. Secure ill necessary lieeasel, pc:mits, eight of
way end rights of entry as may be needed for the coast:action,
-3-
~I~'NT ~y: COStill ! N HOt1~ ! NG
3
8
:20
lg
inspeocion, and optgariSh and iaXntenance of STOI~qDRAXN, and
to DIBTRI~T O~ the itart of COnltrUCtiOn as act ~o~th in Section
1.3., or not less than 10 days ~rio~ to the resetdarien of the
whichever occurs first. with sufficient ovidshoo o£ DBVELOPRR
senseruction of any aleBent of STOi~l DRAIN, or ~Etor to the
recordation of the final Bops for Tract Nos. ~2715 and 22716
any ~hatet thereof, vhtohevtr occurs first, either:
acceptable to DISTRICT, the amount o£ one hundred end
ten p,cen~ (ll0~) or DXSTR~CT'S estimated cot~ to
construct STORM DRAIN. 6aid amount ~s to zeusin on
deposit until STORM DRAIN is accepted by D~STRICT es
complete: at vhioh tile the amount of deposit nay be
COuN7Y. The bonds shall re~ain in full fezes and sf~ec~
until STORM DRAIN is accepted by DISTRICT es being
complete: at which time the bond amoun~ may be reduced
s. In accordsnet with Section 3.8 of Developlsn~
Agreement No. S. obtain and convoy to DXSTRICT. ell rights
dealed nasa.dry by DISTRICT for operation and
STOR~ DRAIN, including ingress and egress, upon eomp~etion
oonKruc~on of STORR~RA~H, but p~or to ~ISTRICT
STORM DRAIN ~oz opuseton and
?. Purnlih DISTRICT with policies o~ title ~nlUranoe,
(050,0oo.oo) £o= each pareel to be conveyed to DISTRICT pursuant
to Section .2.6. guaranteeing DISTRICT'S ~nt.eat to laid prope:~y
as being tree and clear of &11 lie~l, encvmbranaal. 1110811entl.
latelents. taxes and leases (recorded and unrecorded), except
thole vh~ch, in the tale discretion of ~ISTItlCT. are acceptable.
l. Conatrue~. o: amuse to be coniCrutted, STORM DRAIN
a~ DEVE~OPER*S Jolt expense in accordsnee with ~lan, and
-3-
~NT BY: CO~TA I N HOM~$ INC
4
?
8
g
~.0
3,4,
3.?
~0
87
IIMil & 81BUIS8
· fiBIf I
o, pay, lr sut% is brought upon thio contract or
bond guaranteeing the souplotion of STem40RAXN, el! costs
%easesable ez~enmes and fees incurred by DISTRICT in suooemmfuliy
enforcing such obligations, including reasonable attorneys. foes,
end eoknovledgo that, upon entry of Judgment, all such costs.
expenses and fees shal~ be taxed os essto and inoluded in an~
Judgeeat rendered.
and &llign their ovnership to DISTRICT.
elKC~XC)N l I
l, Reviev end lpprove plans and specificsalons
p=epa=ed by DEVELOPER So: STORM DRAIN, prior co the St&~t o!
3. Upon acceptance o~ STERN DRAIN ms being complete
and upon conveysnee o~ ·lX rig~cs or v·¥ necessary for DISTRICT'$
responsibility ro~ the ope:etion end maintenance or STOI~q DRAIN,
sccep~ ovnership and :esponsibi~ity re: ope~stton and maintsnance
st STORM DRAIN, excluding eli inlets and connects: pipes vich
co~Y tights or ray, and fuE~he~ aocep~ the added responsibility
of debris removal viihie BOX.
4. Keep an accurate accounting o~ all cons~vction
inspection essCs and, vathie thirty (30) days after DISTRICT
accept·nee o£ S~)RMDRAIN os being complete, submit · cos~
s~atsmont to DEVBLOPBR.
88 set forth in Section ~ inspection costs exceed the deposit
,, DEVELOPER s~·11 pay the additional
amount upon demand by DISTRICT. 1£ the deposi~ exceedl said
COlfl. DISTRICT shall reinhurls DEVELOPER ~ho excess amount
DRAIN ~1 ~eing eelpiece.
ProVide COUNTY vith "ei-buil~~ mylar plans fOE 811
constructed vi~hin COUNTY rtg~s of VS¥. upon )ISTRICT
.*CTXC~ ~II
1. Seeopt end hold pettermanes and payment bonds
sp~roved by CO~FTY end OlSTRZ~T &l Set ro~th herein, pelo~ ~o ~e
star~ of construction o~ STORM DRAIN,
STORM DRAIN inlets end connector pipes within COTAqTY right o! way.
-4-
5E:NT ~Y:C~T~IN I-IOr'~$ INC ~'t~-3~..-ScJ 11:5~l:fl ; 714'70e81~?-) ~41~37~;# ?
&
$
?
8
g
3.0
3.3.
3.3
3,4
3.6
3.'/
,~0'
a4,
3. Continue its ownership end operation end
maintenance responsibilities £or al! structural aspects of BOX.
STORJiDRAIN within COUNTY rights of way and to pe~£orB debris
removal work within BOX as provided ~erain.
unit within TEaat NoB. 3371S or ZZ716 or any phalc thereo~, until
oonstructton or 8TOR~DRAXN Is soBplate, unless otherwise
approved by DISTRict, in writing.
· tCTION XV
x. All wot~ involved with STOP~q DRAIN lhSll b8
inspee~ed by DISTRICT and shall no~ be deemed complete until
approved and accepted as complete by DISTRICT.
2, DEVELOPER end COUNTY personnel u&y observe and
inspect all work being done on STORM DRAIN, but shall provide any
sommenOs to DISTRICT pe£sonnel who shall be responsible for all
quality eontro~ communications with the aontracto~ during the
oonotzuction o~ steRn DRAiN.
3. Construction o~ 8TORH DRAIN shall be esspieCed by
DEVELOPER v~th~n six (6) consecutive months afte~ execution of
after commencing york on STORM DRAIN. It is expressly understool
that since t~me is o~ the essence in this agreement, failure o~
DEVELOPER to per£orm the york within the agreed upon ~me ,~a~Z
constitute authority for DISTRICT to pe:£o:m the :emal~ing york
Ca) Draw upon the cash deposit or letter o~
as described in Sootion I.S. to pay for the cost
(b) Require DEVELOPER'S surety to pay to COUlqTY
the penal sun o£ any and all bonds.
4, DISTRICT and COUNTY s~all not in anyway be
obligated purluser to this agreement, to acquire rights of way
necessary for the construction, inspection, operation and
maintenance or STOIOI DRAIN.
S. DMLOPBR shall, during the construction period,
provide #orke='s Compensation Insurance in an amount required by
law. A certSfloats o~ said insstones poxtoy shall be provided to
DISTRICT and COUNTY prior to such aShSituation period.
s. DBVBbOPSR shall, coRmsacing on the date notice is
given pursuant to Section 1.4 end continuing unti~ DISTRICT
oecepts STORM DRAIN £or operation and maintenance:
-5*
¢
6
?
10
~0
o8
man
(a) Provide and maintain comprehensive liability
insurance coverage which ehall protest DEVELOPRR from
nlaim from damages for persona~ injury, including
mootdental and wrongful death, as vol! as from claims
construeclan of 8TOPJ4DRAlN or the performance of its
obltgations hereunder, whether gush construction or
De:re:manse be by DL~BLOPBR, by any
subcontractor, or by anyone employed directly or
indirectly by any of them. Such insurance shall name
DISTRICT and COUNTY as additional insureds with respect
to this agreement and the obligations of DEVELOPER
hereunder. Such insurance shall provide for limits of
not less than two million dollars (02,000,000.00)
oocurrence.
DISTRICT, prior to the construction period, by direct
insurance is in full force and effec~ and that DISTRICT
and COUNTY are named as additional insureds with
to this agreement and the obligations of DEVELOPER
hereunder. Further, said certiCi~ate(s) shall provide
that the issuing company shall give DISTRICT sixty
days written notice in the event of any san~ella~ion.
termination. non-renewal or reduction in ~ovecage o~ the
policies evAdeneed by the oertt~loate(s). In the event
of any such cancella~ion, termination, non-renewal
reduction in coverage, DgV~LOPER shall,
secure replacement lnauranos meeting the provision of
Failuze to maintain the inlurance required by this
paragraph shall be deemed e material breach o~ this agreement and
shall authorize and constitute authority £or DISTRICT to proceed
to perform the remaining work pursuant to Section 1.3.
v. In the event that any claim oz legal action is
brought against DISTRICT or COUNTY in mannaction with this
agreement because of the actual or alleged acts or omissions by
DM~OPBR. DEVELOPER shall defend. indemnify and hold DISTRICT
and COUNTY harmless therefrom, without east to DISTRICT o:
COUNTY. Upon DEVELOPER'S failure to do is, DISTRICT and COUNTY
lhlll be entitled to recover from DEVELOPER all of their cost and
ezpenses including, but not limited to, reasonable attorneys,
~eas.
I. DEVELOPER. shall defend, indemnify and hold DISTRICT
end ~C,"v~-f', their respective offion:s, agents, employees and
independent contractors £ree and harmloll from any claim
whatsoever, based st asserted, pursuant to Artidle I, Seerion IV
of the California Constitution, the Ft~th Amendment of the United
S~ates Constitution, or any other lag'or ordtn&noe v~tch see~s to
impose any other liability or damage whatsoever, for the design,
construction or fairurn of STORM DRAIN st from the diversion of
11
3,6
18
aO
~?
claim, and litigation aristas solely through the sola magiSeines
or lOlO willful aileenduet of DISTRICT or COUIFFY. DBVELOPER
chill defend DISTRICT and COUNTY without ooa~ to DISTRICT oz
~, and upon~~P~*S ret~ure ~o do so, D~S~X~ and
~~ shall be entitled co recover fzon~LO~ all of C~oiE
cost and expendt~ureo, [neZudine, bu~ no~ limited [o, reasonable
I. I~LOPBR for itself, its euooessors and assigns
hereby releases DISTRICT and COUN~. their respeet/we offSet:a.
agents. and employees from any and all ~ll[ll, demands, motions,
or suite of any kind aristas ouc of any liability. known
unknown, p~esenC or future, inoludtng, buc not limited to, any
claim or 1/ability, based or
eeocton It of the California Constitution,
the United States Constitution, or any other law oc ordinance-
which seeks Co impose any ocher liability o: damage, whatsoever,
for the desSan. construction o: failure of STORM.DRAIN,*or'the~
disaharge o~ drainage within or from STORM DRAIN. Nothing
oon~ained herein shall eonstit~te a release by DMLOPER o~
DISTRICT, its officers, ageace, and employees from any and all
elaine, demand, action oc suits o! any kind arising out of any
liability. knovn or unknown, prosen~ or future, ~or the negltgen~
maintenance of STORM DRAIN oc BOX after i~u ,capcanoe by
DISTRICT.
10. Any valve: by DISTRICT or COUNTY of any breach of
any one or more o£ the ternl of this agreement shall not be
construed Co be a valve: of any lUbOeqUen~ or other broach of the
same or o~ any other ~e:m Cheroot. Failure on the parc of
DZSTRICT or co~I~TY to require exact, full and eommlete oomplianoe
manner ehangin~ the Cs:us hereof, oc esSimping DISTRICT or COUNTY
from enforcement hereof.
ll. TALe ag:eemen~ is entered into pureuanC to Section
~l.l? of Development Agreement No. $ and not mursuan~ co soe~ion
l.S of Development Agreement No. S. This agreement is no~
intended to modify, amend or rescind any provision of Developmen~
Agreement No. 6. To the extent that any provision of this
egreemen~ conflicts vtth any provision o~ ~evelopmen~ Xgreemen~
#o. B, ~e provisions of'Development Agreement No. S ohmIX
~rovatl and be ainUoiling.
12. If any provision in this agreement is held by e
eourt of aimeecent Jurisdiction to be invalid, void, or
unanforoeable, the remaining provisions vii1 nevertheless
ashsinus in full foroe without being impaired or invalidated in
anyway.
11. This agreement is to be construed in acco:dance
with the lave o! the State of California.
14. Any and all nostril linc or :ogu~zed to be sent co
-7-
requirements of Section 3114.5 of the Streets and Highways
Code.
Section 15. Termination. This agreement shall ter-
minate and be of no further force or effect if Landowner does
not elect to proceed with the construction of the Second
Phase within 60 days of the date hereof or if Landowner pro-
ceed but does not complete the construction of the Second
Phase. Furthermore, District may, in its sole discretion,
terminate this agreement if any legal challenge is filed
relating to the validity or enforceability of this agreement
or the bond issuance proceedings.
Section 16. General. This agreement contains the
entire agreement between the parties with respect to the
matters herein provided for, and may only be amended by a
subsequent written agreement executed by all parties. This
agreement may be executed in counterparts, each of which
shall be deemed an original, but which together shall consti-
tute a single agreement.
Section 17. Joint Financing Agreements. It is the
intent of District and Landowner that this agreement be
interpreted consistently with the provisions of the Joint
Financing Agreements concurrently entered into by District,
Landowner and other applicable public agencies. In the event
that any of the foregoing provisions of this agreement
conflict with the terms of the Joint Financing Agreements,
the provisions of the latter shall control to the extent
necessary.
-20-
IN WITNESS WHEREOF, the parties have caused this agree-
ment to be executed as of the date first above written.
COMMUNITY FACILITIES DISTRICT
NO. 88-3 OF THE RANCHO
CALIFORNIA WATER DISTRICT
ATTEST:
By:
President of the Board of
Directors of the Rancho
California Water District
Linda M. Fregoso, Secretary
of the Board of Directors
of the Rancho California
Water District
TAYCO, A California general
partnership
By:
Title:
5/146/006634-0138/019
-21-
EXHIBIT A
First Phase of Public Improvements
(By Discrete Component)
(1) The storm drain channel improvements for Long
Valley Wash adjacent to Rancho California Road within Parcel
2.
(2) Storm drain improvements from Rancho California
Road south to Rancho Vista Road.
5/146/006634-0138/019
Exhibit A
EXHIBIT B
Second Phase of Public Improvements
(By Discrete Component)
ROAD/GRADING
(1) The grading of the southerly half of Rancho
California Road from the westerly tract boundary of Parcel 1
to Butterfield Stage Road.
(2) The grading of Rancho Vista Road from the westerly
boundary of Parcel 6 east to Butterfield Stage Road.
(3) The street improvements of Kaiser Parkway from the
intersection of Rancho Vista Road south to Pauba Road.
WATER
(1) Tract 22715 Water Facilities (as described in
Facilities Report)
(2) Tract 22915 Water Facilities (as described in
Facilities Report)
(3) Tract 22916 Water Facilities (as described in
Facilities Report)
5/146/006634-0138/019
Exhibit B
· ' EXHIBIT "C"
(Form of Letter of Credit)
(Form of Value and Diversification Risk Letter of Credit)
IRREVOCABLE LETTER OF CREDIT
, 19
Director of Finance-Treasurer
Rancho California Water District,
on behalf of
Community Facilities District No. 88-3
28061 Diaz Road
Temecula, CA 92390
Attn:
Dear Sirs:
We hereby establish, at the request and for the account
of [insert name of Property Owner or Substitute Transferee]
, a corporation
[partnership, individual, trust, etc., as applicable], (the
"Account Party") in your favor, as "Beneficiary" pursuant to
that certain Agreement For Acquisition (Community Facilities
District No. 88-3), dated as of March 1, 1990, (the "Acquisi-
tion Agreement") between the Community Facilities District
No. 88-3 of the Rancho California Water District ("CFD No.
88-3") and TAYCO, a California partnership, our Irrevocable
Letter of Credit No. , in the amount of
$ (the "Stated Amount"), effective immediately
and expiring on , 19__ (the "Stated Termina-
tion Date").
We hereby irrevocably authorize you to draw on us in an
aggregate amount not to exceed the Stated Amount of this
Letter of Credit set forth above and in accordance with the
terms and conditions and subject to the reductions in Stated
Amount as hereinafter set forth, (1) in one or more drawings
by one or more of your drafts, each accompanied by your writ-
ten and completed certificate signed by you in substantially
the form of Annex "1" attached hereto (any such draft accom-
panied by such certificate being your "Default Payment
Draft"), and (2) in a single drawing by your draft, accom-
panied by your written and completed certificate signed by
Exhibit C-1
you in substantially the form of Annex "2" attached hereto
(any such draft accompanied by such certificate being your
"Final Draft").
Funds under this Letter of Credit are available to you
against (1) your Default Payment Draft referring thereon to
the number of this Letter of Credit and accompanied by your
written and completed certificate signed by you in substan-
tially the form of Annex I attached hereto, and (2) your
Final Draft referring thereon to the number of this Letter of
Credit and accompanied by your written and completed Certifi-
cate signed by you in substantially the form of Annex "2"
attached hereto. Each such draft and certificate shall be
dated the date of its presentation, and shall be presented at
our office located at ,
, California, Attn:
(or at any other office in the City of ,
State of California which may be designated by us by written
notice delivered to you) on or before 9:00 a.m. (California
time) on the day (which shall be a banking day) of our making
funds available to you hereunder. If we receive any of your
drafts and certificates at such office, all in strict con-
formiry with the terms and conditions of this Letter of
Credit, not later than 9:00 a.m. (California time) on a bank-
ing day prior to the termination hereof, we will honor the
same on the same day in accordance with your payment instruc-
tions. If we receive any of your drafts and certificates at
such office, all in strict conformity with the terms and
conditions of this Letter of Credit, after 9:00 a.m.
(California time) on a banking day prior to the termination
hereof, we will honor the same on the next succeeding banking
day in accordance with your payment instructions. The phrase
"banking day" shall mean any day other than a Saturday,
Sunday or a day which shall be in the State of California a
legal holiday or a day on which banks are authorized or obli-
gated by law or executive order to close.
The Stated Amount of this Letter of Credit shall be
decreased upon (1) our payment of each Default Payment Draft
or Final Draft, by an amount equal to such payment or pay-
ments, and (2) upon our receipt of your written and completed
Certificate signed by you in substantially the form of Annex
"3" attached hereto to the new Stated Amount in said Certifi-
cate.
This Letter of Credit shall automatically terminate upon
the earliest of (i) the Stated Termination Date, (ii) our
honoring your Final Draft presented hereunder, (iii) our
honoring of a Default Payment Draft which has the effect of
reducing the Stated Amount to zero ($0.00), (iv) our receipt
of your written and completed Certificate signed by you in
substantially the form of Annex "4" attached hereto (such
Certificate being your "Termination Certificate"), or (v) the
date on which we receive written notice from you that an
Exhibit C-2
alternate letter of credit has been substituted for this
Letter of Credit in accordance with the Funding Agreement.
This Letter of Credit is nontransferable.
This Letter of Credit is subject to the Uniform Customs
and Practice or Documentary Credits (1983 Revision, Inter-
national Chamber of Commerce Publication No. 400). All com-
munications with respect to this Letter of Credit shall be in
writing specifically referencing the designated Number of
this Letter of Credit and shall be addressed to us at
, ,
California, Attn= ·
Very truly yours,
[Bank]
By:
Exhibit C-3
Annex i
CERTIFICATE FOR DRAWING UPON ACCOUNTS PARTY'S DEFAULT IN
PAYMENT OF SPECIAL TAXES
Irrevocable Letter of Credit No.
The undersigned, a duly authorized officer or agent of
the undersigned Beneficiary hereby certifies to
(the "Bank"), with reference to Irrevocable Letter of Credit
No. (the "Letter of Credit") issued by the
Bank in favor of the Beneficiary, that:
(a) The undersigned is the duly authorized officer or
agent of the Beneficiary for the purposes of submitting this
Certificate.
(b) As of the date of this Certificate, the Account
Party has defaulted in the payment of special taxes imposed
on the property owned by Account Party within the boundaries
of CFD No. 88-3 in the total amount of $
(the "Default Amount") which amount includes all penalties,
assessments and costs of collection associated with the
defaulted payment of special taxes.
(c) Beneficiary hereby requests payment of the Default
Amount and acknowledges that upon your payment of this draft
the Stated Amount of the Letter of Credit shall be auto-
matically reduced by the Default Amount to a new Stated
Amount calculated as follows:
existing Stated Amount
Default Amount
new Stated Amount
$
(
$
(d) Beneficiary hereby certifies for the benefit of
Account Party that all amounts drawn hereunder shall be
applied to defaulted payments of special taxes.
The capitalized terms not otherwise defined herein are
used herein as defined in the Letter of Credit.
IN WITNESS WHEREOF, the Beneficiary has executed and
delivered this Certificate as of the day of
, 19 .
Director of Finance-Treasurer,
Rancho California Water District,
on behalf of
Community Facilities District No. 88-3
By:
[Name and Title],
Hereunto Duly Authorized
Exhibit C-4
Annex 2
CERTIFICATE FOR FINAL DRAWING UPON
FAILURE OF ACCOUNT PARTY TO RENEW
IRREVOCABLE LETTER OF CREDIT NO.
The undersigned, a duly authorized officer or agent of
the undersigned Beneficiary hereby certifies to
(the "Bank"), with reference to the Irrevocable Letter of
Credit No. (the "Letter of Credit") issued by
the Bank in favor of the Beneficiary, that:
(a) The undersigned is the duly authorized officer or
agent of the Beneficiary for the purposes of submitting this
Certificate.
(b) Account Party has failed to renew the Letter of
Credit or provide a substitute letter of credit within thirty
(30) calendar days prior to the Stated Termination Date of
the Letter of Credit. The Stated Termination Date of the
Letter of Credit is , 19 . This Certificate is
dated and submitted to Bank not more than thirty (30) days
prior to the Stated Termination Date.
(c) Beneficiary hereby requests payment of the entire
Stated Amount of $ .
(d) Beneficiary hereby certifies for the benefit of
Account Party that all amounts drawn hereunder shall be held
in trust and used or disbursed to or for the account of
Account Party as provided in the Funding Agreement.
The capitalized terms not otherwise defined herein are
used herein as defined in the Letter of Credit.
IN WITNESS WHEREOF, the Beneficiary has executed and
delivered this Certificate as of the day of
, 19 .
Director of Finance-Treasurer,
Rancho California Water District,
on behalf of
Community Facilities District No. 88-3
By:
[Name and Title],
Hereunto Duly Authorized
Exhibit C-5
~nnex 3
CERTIFICATE FOR REDUCTION OF AMOUNTS
AVAILABLE UNDER IRREVOCABLE LETTER OF CREDIT
NO. , DATED , 19
The undersigned, a duly authorized officer or agent of
the undersigned Beneficiary hereby certifies to
(the "Bank"), with reference to the Irrevocable Letter of
Credit No. (the "Letter of Credit") issued by
the Bank in favor of the Beneficiary, that:
(a) The undersigned is the duly authorized officer or
agent of the Beneficiary for the purposes of submitting this
Certificate.
(b) Account Party has sold or transferred property
within Community Facilities District No. 88-3 and has pro-
vided the Beneficiary with an approved recalculation of the
Stated Amount of the Letter of Credit.
(c) The Stated Amount of the Letter of Credit is auto-
matically reduced upon receipt by the Bank of this Certifi-
cate to an amount equal to $ [insert new Stated
Amount].
The capitalized terms not otherwise defined herein are
used herein as defined in the Letter of Credit.
IN WITNESS WHEREOF, the Beneficiary has executed and
delivered this Certificate as of the day of
, 19 .
Director of Finance-Treasurer,
Rancho California Water District,
on behalf of
Community Facilities District No. 88-3
[Name and Title],
Hereunto Duly Authorized
Exhibit C-6
Annex 4
CERTIFICATE FOR TERMINATION OF IRREVOCABLE
LETTER OF CREDIT NO. ,
DATED , 19
The undersigned, a duly authorized officer or agent of
the undersigned Beneficiary hereby certifies to
(the "Bank"), with reference to the Irrevocable Letter of
Credit No. (the "Letter of Credit") issued by
the Bank in favor of the Beneficiary, that:
(a) The undersigned is the duly authorized officer or
agent of the Beneficiary for the purposes of submitting this
Certificate.
(b) Property owned by the Account Party within CFD No.
88-3 is responsible for less than thirty-three percent (33%)
of the total annual special taxes to be levied on all
property within CFD No. 88-3.
(c) Beneficiary hereby requests the Letter of Credit be
automatically terminated upon delivery of this Certificate to
Bank.
The capitalized terms not otherwise defined herein are
used herein as defined in the Letter of Credit.
IN WITNESS WHEREOF, the Beneficiary
delivered this Certificate as of the
· 19 .
has executed and
day of
Director of Finance-Treasurer,
Rancho California Water District,
on behalf of
Community Facilities District No. 88-3
By:
[Name and Title],
Hereunto Duly Authorized
5/146/006634-0138/019
Exhibit C-7
JOINT FINANCING, CONSTRUCTION AND ACQUISITION AGREEMENT
AMONG COMMUNITY FACILITIES DISTRICT NO. 88-3
OF THE RANCHO CALIFORNIA WATER DISTRICT,
THE COUNTY OF RIVERSIDE, THE CITY OF TEMECULA AND
TAYCO, A CALIFORNIA PARTNERSHIP
THIS JOINT FINANCING, CONSTRUCTION AND ACQUISITION
AGREEMENT (the "Agreement") is dated as of March 1, 1990, by
and among COMMUNITY FACILITIES DISTRICT NO. 88-3 OF RANCHO
CALIFORNIA WATER DISTRICT, a legally constituted governmental
entity organized and existing pursuant to Division 2, Part 1,
Chapter 2.5 of the California Government Code (hereinafter
"CFD NO. 88-3"), the COUNTY OF RIVERSIDE, a political
subdivision of the State of California (hereinafter "County")
the CITY OF TEMECULA, a municipal corporation organized and
existing under the laws of the State of California
(hereinafter "City") and TAYCO, a California partnership
(hereinafter "Property Owner").
RECITALS :
A. Property Owner is the owner of a development
project known as "Vintage Hills" located wholly within the
City and approved by County as a portion of the Margarita
Village Specific Plan (the "Project"), a map of which is
attached hereto and incorporated herein as Exhibit "A". The
Project at the time of approval of said specific plan by
County lay within unincorporated territory. Subsequent to
-1-
County's approval of the Project, the City was incorporated
on December 1, 1989 and the Project now lies within the City.
B. Property Owner plans to develop the Project for
residential uses. The development plan includes the
construction of streets and roads to be owned and maintained
by City (the "Street Improvements"), as depicted and
described in Exhibit "B" which is attached hereto and
incorporated herein. By statute, the County must maintain
the Street Improvements until July 1, 1990. At this time it
is probable that County will continue to maintain the Street
Improvements for some period beyond July 1, 1990 pursuant to
an agreement to be entered into between County and City.
Accordingly, all references to the City herein as to various
acts to be performed with respect to the construction,
acquisition and maintenance of the Street Improvements shall
also be deemed to refer to County until such time as County
is relieved of such duties by statute or contractual
agreement.
C. Property Owner initiated by written petition and
thereafter the Board of Directors of the Rancho California
Water District (hereinafter "RCWD") by adoption of Resolution
No. 89-9-1 on September 8, 1989 completed proceedings for the
formation of CFD No. 88-3 pursuant to the Mello-Roos Commun-
ity Facilities Act of 1982, as amended, Section 53311 et seq.
of the California Government Code (hereinafter the "Act"), to
provide financing for the construction and acquisition of
certain public facilities (the "Facilities"), which include
-2-
the Street Improvements. The boundaries of CFD No. 88-3 are
depicted on the map attached hereto and incorporated herein
as Exhibit "C". CFD No. 88-3 lies entirely within the
Project and consists of approximately 303 acres. TAYCO is
the owner of all property within CFD No. 88-3.
D. The proceedings to establish CFD NO. 88-3 included
a special election wherein the qualified electors authorized
bonded indebtedness in the amount of $8,500,000 and author-
ized an annual levy of a special tax (hereinafter the
"Special Tax") within CFD No. 88-3 to fund debt service on
such bonded indebtedness. Pursuant to such authorization,
CFD No. 88-3 contemplates the issuance and sale of Series A
Bonds in the approximate amount of $8,200,000 (hereinafter
the "Bonds").
E. A portion of the Street Improvements, comprised of
the grading and streets improvements for Rancho Vista Road
from the westerly boundary of Parcel 6 east to Butterfield
State Road, are also included as improvements to be
constructed as part of County's Assessment District No. 159
("A.D. No. 159). In order to avoid duplication, it is the
intention of County, upon satisfactory completion hereunder
of the Street Improvements which are also part of A.D. No.
159 and the other improvements to be constructed therein, not
to issue andsell bonds for these Facilities.
F. CFD No. 88-3 and Property Owner will concurrently
enter into the "Agreement for Acquisition" (hereinafter the
"Acquisition Agreement") a copy of which is attached hereto
-3-
and incorporated herein as Exhibit "D". The Acquisition
Agreement provides for the financing of the Facilities and
sets forth procedures for the design, engineering,
construction and acquisition of certain of the Facilities.
The Acquisition Agreement is intended, together with this
Agreement, to set forth the procedures which must be followed
pursuant to Section 53313.5 of the Act in order to legally
and validly acquire the Street Improvements and certain other
Facilities.
G. In contemplation of the issuance and sale of the
Bonds, Property Owner has advanced moneys for the purpose of
financing the design and engineering of the Street Improve-
ments.
H. CFD No. 88-3, City and County 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. 88-3
shall proceed with the issuance and sale of the Bonds at such
time and in such amounts as CFD No. 88-3, in its sole discre-
tion, may determine is appropriate to finance the design,
engineering, construction and acquisition of the Facilities,
including the Street Improvements. CFD No. 88-3 shall make
disbursements out of the proceeds of the Bonds to pay for
-4-
such costs and certain other incidental costs as hereinafter
described. Such proceeds, however, may be expended by CFD
No. 88-3 for any lawful purpose, including the financing of
the Street Improvements, as CFD No. 88-3 shall determine to
be appropriate. CFD No. 88-3 shall strictly account for the
disbursements of the proceeds of the Bonds.
2. Street Improvements Design and Construction. The
Street Improvements will be designed and engineered by
Property Owner and constructed consistent with the procedures
set forth herein and in the Acquisition Agreement. The costs
of the construction of the Street Improvements shall be
reimbursed by CFD No. 88-3 from the proceeds of the sale of
the Bonds in accordance with the Acquisition Agreement. All
contracts for the construction of the Street Improvements
shall be awarded and administered consistent with the
appropriate sections of the Acquisition Agreement and this
Agreement as public works projects consistent with the
applicable provisions of the California Public Contracts
Code. The contractor or contractors who will construct the
Street Improvements, 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 County, City and CFD No. 88-3 as obligees. Said
contractor or contractors shall also be required to name CFD
No. 88-3, County, City and Property Owner, and the employees,
volunteers, officers, directors, attorneys, agents and
consultants thereof as additional insureds under a policy of
-5-
general liability insurance in the amount of Two Million
Dollars ($2,000,000) per occurrence. The bid and contract
documents shall include the bond and insurance requirements
as set forth in the Acquisition Agreement.
3. Design and Construction Budget. Exhibit "B" sets
forth the budget for the construction of the Street Improve-
ments. In addition to the cost of design, preparation of bid
specifications and the construction of the Street
Improvements, 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 City's general and administrative
costs reasonably devoted to the design approval and
inspection of the Street Improvements.
4. Engineering and Design of the Street Improvements.
Property Owner 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 Street Improvements, including
required system layout drawings and construction plan-profile
drawings, in accordance with City's standard design criteria,
consistent with the Margarita Village Specific Plan and
conditions of approval for the Project. It is understood
that there may be subsequent modifications to Exhibit "B"
prior to City's approval of final plans and specifications
for the Street Improvements. CFD No. 88-3 and City shall
provide to Property Owner and its engineer, copies of all
-6-
information and documents necessary to prepare the Bid
Documents and specifications, standard design criteria,
schedules for progress or reimbursement payments, applicable
prevailing wage rates and bond requirements. The Design
Engineer shall submit preliminary and final plans and
specifications for the Street Improvements to City for review
and approval; City shall review and approve said plans and
specifications in as expeditious a manner as possible. The
Bid Documents shall be reviewed and approved or rejected
within fifteen (15) days following their submission to City.
Any rejection shall be accompanied by a written statement of
reasons for rejection. City shall not unreasonably withhold
its approval of Bid Documents.
5. Construction of the Street Improvements. Property
Owner shall construct the Street Improvements in accordance
with the procedures set forth herein and in the Acquisition
Agreement, consistent with the Margarita Village Specific
Plan and conditions of approval for the Project. City shall
be under no obligation to approve the award of a contract and
shall not allow a contract for construction of any of the
Street Improvements to be awarded until it has determined
that sufficient uncommited funds to cover the contract award,
including a contingency amount equal to approximately five
percent (5%) of the total contract price and City's costs of
inspecting and administering said contract, are in the
Community Facilities Improvement Fund (the "Improvement
Fund") created by the Bond Resolution adopted by the
-7-
legislative body of CFD No. 88-3 (the "Bond Resolution").
All payment requests for the construction costs of the Street
Improvements shall be handled consistent with the Acquisition
Agreement.
6. Shortfall. In the event the lowest acceptable bid
would cause the total cost provided in the budget for the
Street Improvements to exceed the budgeted amount as shown on
Exhibit B, Property Owner shall pay the amount necessary to
complete the construction of the Street Improvements. The
procedures provided for herein shall also apply to the extent
approved change orders result in construction costs exceeding
the amounts budgeted for the Street Improvements. Property
Owner shall not be released from constructing any Street
Improvement in the event that the proceeds of the Bonds are
insufficient to pay the costs of construction, but shall be
required to complete the Street Improvements.
7. Use of Funds. CFD No. 88-3 shall use the proceeds
in the Improvement Fund established by the Bond Resolution
exclusively for the reimbursement of the construction and
acquisition costs of the Facilities, including the Street
Improvements.
CFD No. 88-3 shall strictly account for the expenditure
of such proceeds. It is the intention of the parties that
payments from the Improvement Fund shall be only 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
-8-
for the Street Improvements. CFD No. 88-3 shall account for,
deposit, invest and reinvest such funds in the manner
required by the Bond Resolution.
8. Inspection. Construction of the Street Improve-
ments shall be subject at all times to inspection by City.
City personnel shall inspect the furnishing, construction and
installation of the Street Improvements to assure compliance
with approved construction plans and specifications.
Inspection shall be the responsibility of City. City's
inspection personnel shall have the authority to enforce the
approved construction plans and specifications for the Street
Improvements, 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 City's final acceptance of the Street Improvements
for ownership by the City and operation and maintenance by
City, which final acceptance shall follow final inspection
and testing of the Street Improvements after completion
thereof. Contractor's(s) will be required to: (i) make any
and all corrections and/or repairs determined by City
inspection personnel to be necessary and consistent with the
approved construction plans and specifications and
(ii) provide a one (1) year materials and workmanship
-9-
guarantee, the precise nature of which will be agreed upon by
City and County, providing that such contractor(s) will
repair, at its (their) expense, all failures of facilities
which it (they) furnished, installed and/or constructed due
to faulty materials or installation, including settlement of
backfill within said one-year period.
9. Completion of Construction. Upon completion of any
of the Street Improvements, CFD No. 88-3 shall notify City in
writing of such completion and request final inspection by
City and, upon notification from City that the Street
Improvements (or portions thereof) are complete and accept-
able to City, then Property Owner shall prepare and execute a
Notice of Completion as to such 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.
10. Installation of Traffic Control Devices. Prior to
notification to City of completion of the Street Improvements
(or portions thereof) Property Owner shall install or cause
to be installed any and all traffic control devices (includ-
ing but not limited to striping, purchase and placement of
traffic signs pursuant to City criteria) required by the
Margarita Village Specific Plan or the conditions of approval
for the Project. In addition, and notwithstanding any agree-
ment between the County and Property Owner to the contrary,
Property Owner shall pay to the City any and all traffic
signal mitigation or other, similar fees required by the
-10-
County for the installation of traffic signals or other
traffic control devices in or along the Street Improvements.
The City shall not accept the Street Improvements or portions
thereof until such traffic control devices have been
installed to City's satisfaction.
11. Use of Street Improvements. Upon completion of the
construction of the Street Improvements and acceptance by
City, said facilities shall be and remain the sole and
separate property of City. The Street Improvements shall be
operated, maintained and utilized by City to serve the
Project and other land pursuant to applicable City rules,
regulations policies and procedures.
12. Conveyance of Title. Property Owner shall transfer
and convey, to such party as City may designate fee simple -
title or easements as deemed necessary, including ingress and
egress, on and over property within the Project on which the
Street Improvements are to be constructed. Said rights-of-
way shall be conveyed free and clear of all liens and
encumbrances, assessments, taxes and leases, except those
which are acceptable to the City. Property Owner shall
transfer title to such land or rights-of-way on such
documents as City may prescribe. It is anticipated that a
substantial portion of the Street Improvements will be
constructed within public streets and rights-of-way dedicated
by Property Owner to the City and other public entities. Any
easements granted to facilitate construction prior to such
dedications shall provide that the easement right conveyed
-11-
will expire upon dedication and acceptance of such area as a
public right-of-way.
13. Acceptance. City agrees to accept title to, and
provide service through, the Street Improvements, subject to
certification by the City that such Facilities have been
completed in accordance with the plans and specifications and
provided that title to the Street Improvements is free of all
liens and encumbrances not otherwise acceptable to City. For
those portions of the Street Improvements for which fee title
is transferred, City shall require a policy of title
insurance for each parcel to be conveyed to it in an amount
which is not to exceed Fifty Thousand Dollars ($50,000).
14. Maintenance. Prior to the transfer of ownership of
the Street Improvements to City, the Property Owner shall be
responsible for their maintenance. Upon acceptance of the
Street Improvements by City shall (except as previously noted
in recital "B" above) be responsible for the maintenance
thereof and all rights, duties and obligations of Property
Owner for said maintenance under this Agreement shall
terminate.
15. Administrative Costs. The estimated administrative
costs of Property Owner, CFD No. 88-3 and City which include
but are not limited to the reasonable cost of preparing the
Bid Documents, all fees and costs incurred in obtaining
permits, licenses, rights-of-way or easements, and
engineering, legal, fiscal, and inspection fees and land
acquisition costs are provided for in Exhibit "B." The
-12-
parties recognize the amount of such costs may increase in
the future. CFD No. 88-3 shall cause to be reimbursed from
the Improvement Fund the reasonable administrative costs
actually incurred by Property Owner, CFD No. 88-3 and City.
Such cost shall be reimbursed within a reasonable time after
presentation of a request therefor.
16. No Obligations Assumed. Nothing herein shall be
construed as requiring CFD No. 88-3 to issue or sell Bonds
pursuant to the Act or any other law or regulation requiring
the construction of the Street Improvements.
17. Indemnification and Insurance. Property Owner
shall assume the defense of, indemnify, protect and hold
harmless CFD No. 88-3, City and County and their respective
officers, volunteers, employees, attorneys and agents, 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, (i) the actions of Property
Owner required in the performance of this Agreement and
(ii) the design, engineering and construction of the Street
Improvements 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 Street Improvements by City whether or not an action
or claim is filed by the date of acceptance of the Street
Improvements; and provided further that nothing in this
-13-
paragraph shall limit, in any manner, City's rights against
any of Property Owner's contractors, architects or engineers.
No provision of this Agrement 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 contractors, agents or employees.
CFD No. 88-3 shall assume the defense of, protect,
indemnify and hold harmless Property Owner, City and County
and their respective officers, volunteers, employees,
attorneys and agents, 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 the CFD 88-3 pursuant to the Agreement. No
provision of this Agreement shall in any way limit the extent
of the responsibility of CFD No. 88-3 for payment of damages
resulting from its own operations or the operations of any of
its contractor, agents or employees.
County shall assume the defense of, protect, indemnify
and hold harmless CFD No. 88-3, City and Property Owner and
their respective officers, volunteers, employees, attorneys
and agents, 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 County taken in the performance of this Agreement.
No provision of this Agreement shall in any way limit the
-14-
extent of the responsibility of County for the payment of
damages resulting from its own operations or the operations
of any of its contractors, agents or employees.
City shall assume the defense of, protect, indemnify and
hold harmless CFD No. 88-3, County and Property Owner and
their respective officers, volunteers, employees, attorneys
and agents, 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 City taken in the performance of this Agreement.
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, other than
County acting as such contractor or agent pursuant to law or
contract between City and County.
As required by the Acquisition Agreement, Property Owner
will assure County, City and CFD No. 88-3 that any and all
contractors employed by it shall furnish to CFD No. 88-3,
County and City certificates of insurance substantiating that
such contractors have obtained for the entire period of
construction of any of the Street Improvements a policy of
workers compensation insurance as required by state law and a
comprehensive general liability insurance policy from a
company acceptable to County, City and CFD No. 88-3 with
coverage broad enough to include the contractual obligations
-15-
they have under the construction contract(s) and having a
combined single limit of liability in the amount of
$2,000,000. Said certificate of insurance shall include an
endorsement naming County, City, CFD No. 88-3, and Property
Owner, and their respective officers, volunteers, employees,
attorneys and agents as additional named insureds.
18. 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. 88-3 issues the
Bonds. Should CFD No. 88-3 not sell the Bonds, this Agree-
ment shall terminate and be of no further force and effect.
19. 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 certi-
fied, postage prepaid, addressed as follows:
Property .Owner:
County:
TAYCO
c/ Costain Homes, Inc.
620 Newport Center Drive
Suite 440
Newport Beach, CA 92660
Attn: Robert Dieudonne,
Project Manager
Road Department
County of Riverside
4080 Lemon Street, 8th Floor
Riverside, CA 92501
Attn: Ivan Tennant, Acting
Road Commissioner
(714) 275-6740
-16-
CFD No. 88-3:
City:
Community Facilities District
No. 88-3 of the Rancho
California Water District
28061 Diaz Road
Temecula, CA 92390
Attn: Director of Finance
City of Temecula
P.O. Box 3000
Temecula, CA 92390
Attn: City Manager
Each party can change its address for delivery of notice
by delivering written notice of such change or address to the
other parties within twenty (20) days of such change.
20. Captions. Captions to Sections of the Agreement
are for convenience purposes only and are not part of this
Agreement.
21. 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.
22. AssiGnment. Property Owner may, with the prior
written consent of CFD No. 88-3, which consent shall not be
unreasonably withheld, assign all or a portion of its rights
and obligations under this Agreement to persons or entities
acquiring from Property Owner title to any property within
CFD No. 88-3.
-17-
23. Design Engineer. The Design Engineer retained by
Property Owner for purposes of preparing the Bid Documents
shall be Robert Bein, William Frost & Associates or such
other qualified registered civil engineer as Property Owner
may appoint for such purposes.
24. Successors and Assigns. This Agreement shall be
binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
25. Entire Agreement. This Agreement shall be binding
upon and inure to the benefit of the successors and assigns
of the parties hereto.
26. Amendments. This Agreement may be amended or
modified only in writing signed by all of the parties.
27. Exhibits. The following exhibits attached hereto
are incorporated into this Agreement by reference.
Exhibit
I! C I!
Description
Map of Project
Street Improvements
Description and Budget
Map of CFD No. 88-3
Acquisition Agreement
28. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
-18-
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first above written.
COMMUNITY FACILITIES DISTRICT
NO. 88-3 OF THE RANCHO
CALIFORNIA WATER DISTRICT
By:
President of the Board of
Directors, Ex Officio the
Legislative Body of
Community Facilities
District No. 88-3 of the
Rancho California Water
District
ATTEST:
By:
Secretary of the Board of
Directors, Ex Officio the
Clerk of Community Facilities
District No. 88-3 of the Rancho
California Water District
COUNTY OF RIVERSIDE
By:
Chairman of the Board of
Supervisors
RECOMMENDED FOR APPROVAL:
By:
-19-
APPROVED AS TO FORM:
County Counsel:
By:
Deputy
ATTEST:
By:
Clerk of the Board of
Supervisors
TAYCO, a California partnership
By: COSTAIN HOMES, INC., a
Delaware corporation
By:
Signature
Printed Name
Its:
TAYLOR WOODROW INC., a
California corporation
By:
Signature
Printed Name
Its:
-20-
CITY OF TEMECULA
ATTEST:
By:
Mayor
By:
City Clerk
5/146/006634-0138/052
-21-
I
EXHZBZT "~"
EXHIBIT "B"
DESCRIPTION OF STREET IMPROVEMENTS
(1) The grading of the southerly half of Rancho
California Road from the westerly tract boundary of Parcel 1
to Butterfield Stage Road.
(2) Butterfield Stage Road full-width street
improvements (other than the inner two travel lanes which are
being financed by County Assessment District No. 159) from
Rancho Vista Road south to Pauba Road.
(3) The grading of Rancho Vista Road from the westerly
boundary of Parcel 6 east to Butterfield Stage Road.
(4) The street improvements of Kaiser Parkway from the
intersection of Rancho Vista Road south to Pauba Road.
EXHIBIT "B"
2~7~12~71
NELLO-RQOS DISTRICT FUNOS
SUIIMRY
WZT UNZT TOTAL
OESC~!PTEQN UNIT QUANTITY PRICE COST
EANCNO CALZFC~NIA IK)N) (FRC~I TRACT
I(X/NDARY EAST TO II~'TERFIELD STAGE RQAO)
GRADING
CUT ¢Y 0 0.00
FILL CY 1&,565 1.00
SUBTOTAL RANCHO CALIFORNIA RC)A~ - GI~ADING
0
I&,S6S
14,565
EXHIBIT "B"
NOJKT: ~WCHO V3STA ~
NELLO-NOQS DISTRICT FUNDS
SLNqANY
UNIT UNIT TOTAL
OESCIIIPTIQIt UNIT QUANTITY PRICE COST
BITTERFIELD STAGE ROAD (FRON RANCHO
VISTA IGIO SO. JTN TO PAULA ROAD)
STREET
mm
.32- AC/.9/. Ct. 2 AI SF 5&,316 1.17 63,55O
6# C~S & GUTTER LF 2,&SO 5.90 l&,&SS
S!OEidALIC SF 1&, 700 1 .&$ 21,021
S IDEIdALIC U/SP EA 1 100.00 100
STREET LIGHT 135W EA 6 6L8.00 3,8M
SUBTOTAL - STREET 103,014
TOTAL BUTTERFIELD STAGE liD. SO.OF. RANCHO VISTA
103,014
GRADING - TRACT 22715-2
RANCHO VISTA ROAD
EANTIM]11C (CUT) CY 29,366
EARTHM3WC (FILL) CY 1,667
1.00 29,366
1.00 1,667
~J~TOTAL - GRADING 31,033
GRADrNG - TR. Z~716-1
RANCHO VISTA ONLY
EAdlTH~QR[ (FILL)
CY 5~,571
1.00 S&,ST1
SUBTOTAL - GRADING 54,571
GRADING - TR. Z2716-&
RANCNO VISTA ONLY
EMTNU~[ (FILL)
1.00
SUlTOTAL - GRADING 61,~0
RANCHO VISTA PHASE I TOTAL
~LLO-I~ DISTRICT
WELT: IMClIO VISTA ION) SUlMAIY
WiT UNIT TOTAL
DESCRIPTION UNIT ~MNTITY
GRADING o TRACT ~n~lS
RAMClIO VISTA ONLY
EARTNW~K - CUT CY 1~9,50Q
RAITI&IONK - FILL CY 95,100
STREET - TRACT
RANCHO VISTA ONLY
CONST. oZS A.Co W/SEAL COAT
OVER 0.87 A.I. (CLASS'2)
CONST.C~C.CURI & ~TTER TYPE
NAN (6"CF) KR S~.K.200
~ST. ~C. SZDE~K (~')
~ST. SlO~LK AC~SS
STD. P~ ~.
C~ST. ~l & ~TER TRANS
CF TO 6~ CF
STREET L~GHTS
STREET ° TRACT 22915-2
RANCH VISTA ONLY
CONST..26A.C. WSEAL COAT
OVER 0.8? A.I. (CLASS-2)
SIDEUAL[ PER STD. 4)01
CONST.CONC.CUll & GUTTER TYPE
"A'~ PER S~.~.~O
CUll T~!)E L-& F/A/J~.. ~G
(O, II ONLY)
~ST.~C.~-~ ¢6'WIOE)
PER STO. ~, ~M
~ST. ~SS M PER SQ. ~Z
STREET LI~TS
1.00 129,500
1.00 9S,100
SUBTOTAL o GRADING 22&,600
RANCHO VISTA PHASE II TOTAL
22&,000
SF 6~,81Z
LF
SF 10,829
EA 2
LF 10
EA S
0.99 ~,1~
5.90 12,266
1.43 15,~
100.00 200
6.40
960.00
~BTOTAL - STREET 22915-1 9&,990
SF 17,2S&
SF
LF /61
LF 107
SF 1,030
EA
EA
0.99 17,081
1.~3 5,068
5.90 2,T20
S. 25 562
3.~ 3,T08
100.00 200
960.00 1,920
SUITOTAL - STREET 2291S-2 31,Z59
OEC:BMR T, 1~e9
NOJECr: RAKNO VISTA
NELLO-IMOS OISTRICT IruNoS
SUMAmY
UNIT UNIT TOTAL
O~SC~IPTION UNIT QUANTITY PEICE COST
STIEET - TRACT ZZ915
RAMCNOVISTAONLY
CONST..26A.C. U/SEAL COAT SF
OWR 0.8?A.I. (CLASS-Z)
CUNST.CONC.C~I &GUTTER TTPE LF
#A-6# I)~R
CONST.CONC.GUII &~LrrTER TYPE LF
'A-e" PER $TO.llO. Z01
CW! TYI~A-6PER STD. 200 LF
(GUlloNLY)
COIdST.CUNC.CIOSS-GUTTER (6'VIDE) SF
PER STD. 209, 209A, 303
CCBC. ClOSS-GUTTER (6'VIDE) SF
PER STD. 209, 209A, 303
COIlS?. AC~SS IbUqP PER STD. &OZ EA
CONC. CUll & GUTTER TITANS 8' LF
CF TO 6# CF
STREET LIGNTS EA
23,391 1.25 29,239
36~ 5.90 2,171
Z75 6.91 1,900
70 5.23 368
5,181 1.43 7,409
~,054 3.6O 3,794
Z 100.00 200
10 6.40 64
Z 960.00 1,9Z0
S~BTOTAL - STREET 22915F &7,065
TOTAL RA#C#O VISTA STREET
173,323
STREET - TRACT 22915-1
KAISER PAJIICIMY ONLY
COldST. .31 A.C. V/SEAL COAT
OVER 1.10 A.I. (CLASS-Z)
CONST,CONC.CUNI & GUTTER TYPE
A-8 PElt Sin, 201
CUNST. C:ONC. SIOfIMLI: fidu6'~
PER ST.O PI, JW llO. 4,01
STREET LIGNTS
SF
LF
sir
EA
10,03~ 1.25 1Z,543
593 6.91
3, Z~ 1 .&] &,dim
2 960.00 1,920
SUBTOTAL - STREET 23,228
OIC!I(IIR ?, 1gO9
PIOJECT: KAI~I PAJWMY
RAKNO VISTA
NELLO-ROOS DISTRICT IKJNDS
IIJIIIARY
Lilt UNIT TOTAL
OESCEIPTILI Lilt GUANTITY PItICE COST
STREET - TRACT 22915-3
KAISER PkRIOMYONLY
CO.ST. .31 A.C. WMAL COAT SF
MR 1.10 A.I. (CLASS-Z)
C~IiST.CGllC.CUII &GUTTER TYPE LF
A-8PEE STD. 201
COldST. COliC. SIDEVALK (k~6') SF
PER ST.D PLAN NO. &01
CONST.COliC.CROSS-GUTTER C6'WlDE) SF
PER $TO. 209,209A
CONST. ACCESS RA/4P PER STD. &OZ EA
CONST.C~B LILY TRANS 8" CF I,F
TO 6" CF
STREET LIGHTS EA
STREET - TRACT 22915
KAISER PARGiAY QIILY
CONST. .31 A.C. V/SEAL COAT
OVER 1.10 A.I. (CLASS-Z)
CONST.COliC.CURl & GUTTER TYPE
A-8 PER STD. 201
CONST. COliC. SIDE'dALK
PER ST.D PLAN liO. &01
STREET I,IGHTS
STREET - TRACT 22915 - A.D. 159
KAISER PAIGIAY
COKST. 0.31' AC V/SEAL C:CY, T
~ 1.10' A,~I~4AT! IAM CL.3
?,001 1.25 8,7~1
334 6.91 2,3O8
2,8&3 1.43 &,065
1,030 3.6O 3,7O8
2 100.00 2O0
10T 5.7~ 615
SUBTOTAL - STREET 20,608
SF
I.F
SF
EA
6,542 1.25 8,178
645 6.91 4,457
3,54? 1.43 5,072
I 960.00 960
SUeTOTAL - STREET 18,667
SF
38,121
1.2S &7,651
SLITOTAL - STREET 47,651
STREET - TIACT 22916-1
rAl~l PMI3MYGIILY
CallS?. .31 A.C. g/SEAL COAT
MI 1.10 A.I. CCLA.SE-2)
CQIlIT.CCIIC.CUII & ~JI'TEI TYPE
A-6PER STO.
C:ONST. CGNC. CUll & GUTTER
TYPE A-SPEI STO. 201
CONS?. CONC. S!OEIdALK
PEt ST.O PLAII NO. &01
STSEET LIGHTS
SF 2S,576 1.25 31,970
LF 8ZS 5.90
LF 7'~ 6.91
SF 8,7~2 1.&3 12,573
EA & ~.00
SUBTOTAL - STREET 58,591
STREET - TRACT ?.2916-2
IC4ISER PAIICI, IAY QIILY
C~ST..31 A.C. g/SEAL COAT
OVER 1.10 A.I. (CLASS'2)
CONST. CONC. CURl & GUTTER
TYPE Ao8 PER STD. 201
CONST. COliC. SIDEgALK
PER STD. PLAM NO.
COllET. ACCESS ~ PER ST.
CONST.CUll T/AMS 8" CF TO 6"
STREET LIGHTS
SF 8,6~ 1.25 10,793
LF &29 6.91 2,96&
SF 3,1?3 1.43 &,537
EA 2 100.00
LF 110 6.40
EA 2 960.00
SUBTOTAL - STREET 21,118
STREET - T/ACT 2~916 FINAL
rAISEI PAIICIdAY ONLY
CCXlST..31 A.C. g/S~JL CQAT
OVER 1.10 A.I. (CLASS-2)
TYPE AoB PER lTD. 201
CONST. C:CIIC. SII)EIMLK (I/"6')
PER 'STO. IlLAll "0. &01
STREET LIGNTS
SF 3,98~ 1.25 4,980
LF 659 6.91 4,55/)
SF 3,624 1.43 5,182
EA 1 960.00 960
SUITOTAL - STREET 15,676
TOTAL ICAISER PARKUAY-?RACT 2~916
120,3/6
EXHIBIT "C"
AGREEMENT FOR ACQUISITION
(Community Facilities District No. 88-3)
THIS AGREEMENT is made and entered into as of the 1st
day of March, 1990, by and between the COMMUNITY FACILITIES
DISTRICT NO. 88-3 OF THE RANCHO CALIFORNIA WATER DISTRICT, a
community facilities district, hereinafter referred to as
"District," and TAYCO, a California partnership, (hereinafter
referred to as "Landowner").
RECITALS
1. Landowner is the owner of approximately 303 acres
of land, more or less, located in the City of Temecula,
California hereinafter referred to as "the Subject ~.operty."
Landowner has filed a petition with District requesting that
the Rancho California Water District initiate and complete
all necessary proceedings under the Mello-Roos Community
Facilities Act of 1982, hereinafter referred to as the "Act,"
for the formation of the District over and including the
Subject Property, and for the sale of bonds to finance the
acquisition of certain public improvements which are herein-
after referred to as the "Public Improvements."
2. District is authorized by Section 53313.5 of the
Government Code to acquire and finance the acquisition of the
Public Improvements through proceedings pursuant to the Act.
This agreement is intended to set forth the procedures which
EXHIBIT "D"
must be followed pursuant to Section 53313.5 and the Act in
order to legally and validly acquire the Public Improvements.
3. The additional p~-rpose of this agreement is to
provide for coordination between District and related public
agencies and Landowner with regard to the acquisition and
construction of the Public Improvements and the sale of bonds
by District to finance the acquisition of the Public
Improvements by District and related public agencies'and to
provide for certain other matters related to the construction
of the Public Improvements.
COVENANTS
NOW, THEREFORE, in consideration of the preceding reci-
tals and the mutual promises and covenantf~ hereinafter co~
rained, the parties agree as follows:
Section 1. Construction. Prior to the formation of
District, Landowner constructed a portion of the Public
Improvements, as identified in Exhibit "A" attached hereto
(the "First Phase"). Landowner may, after receipt of written
notice to proceed from District, construct at their sole cost
the second phase of the Public Improvements as identified in
Exhibit "B" attached hereto (the "Second Phase"), in accord-
ance with plans and specifications therefor approved by the
public agency which ultimately will own and maintain such
Public Improvement (the "Plans and Specifications").
Additionally, the Landowner will, prior to soliciting.bids as
-2-
described below, submit for approval to the District or the
public agency which will ultimately own and maintain such
Public Improvement, the bidding do¢=ments to be utilized in
order to insure that such bidding documents' requirements for
prevailing wages, surety bonds and insurance are in accord-
ance with the requirements set forth in the "Joint Financing
Agreements" (the "Joint Financing Agreements") which are
concurrently being entered into by and among the District,
Landowner and the affected public agencies. If Landowner
elects to proceed with the construction of the Second Phase
after receiving District's written notice to proceed,
Landowner shall notify District in writing of its election to
proceed.
If Landowner elects to proceed with the construction of
the Second Phase, Landowner shall, after a competitive bi~-
ding procedure in conformity with the Public Contracts Code
at which at least three (3) bids are received, submit to the
District or the applicable public agency written evidence of
such competitive bidding procedure, including evidence of the
means by which bids were solicited, a listing of all
responsive bids and their amounts, and the name or names of
the contractor or contractors to whom Landowner proposes to
award the contract(s) for such construction. District, or
the applicable public agency (with whom the District will
confer), shall approve or disapprove of said contract or
contractors in writing within 10 business days after receipt
of the name or names of such contractor or contractors. If
-3-
District or applicable public agency disapproves of any such
contractor, Landowner shall select another contractor from
the competitive bids received who is acceptable to District
or applicable public agency.
Section 2. Inspection. District or the applicable
public agency which will ultimately own and maintain such
Public Improvements shall have primary responsibility for
providing inspection of the work of construction of the
Second Phase to insure that the work of construction is
accomplished in accordance with the Plans and Specifications
approved by them. District's or such public agency's
personnel shall have access to the site of the work of
construction at all reasonable times for the purpose of
accomplishing such inspection. Upon the completion of the
construction of the Second Phase to the satisfaction of
District's or such public agency's inspectors, Landowner
shall notify District in writing that the construction of the
Second Phase or discrete component thereof has been completed
in accordance with the Plans and Specifications.
Upon receiving such written notification from Landowner,
and upon receipt of written notification from its inspectors
or those of th~ applicable public agency that construction of
the Second Phase or discrete component thereof has been com-
pleted in accordance with the Plane and Specifications,
District shall in a timely manner notify Landowner in writing
that the construction of the Second Phase or discrete
component thereof has been satisfactorily completed. Upon
-4-
receiving such notification, Landowner shall forthwith file
with the County Recorder of the County of Riverside a Notice
of Completion pursuant to the provisions of Section 3093 of
the Civil Code of the State of California. Landowner shall
furnish to District a duplicate copy of each such Notice of
Completion showing thereon the date of filing with the County
Recorder. The costs incurred by District or other public
agency in inspecting and approving the construction of the
Second Phase shall be reimbursed to District or other appli-
cable public agency from the proceeds of the bonds.
Section 3. Liens. Upon expiration of the time for
the recording of claims of liens as prescribed by Sections
3115 and 3116 of the Civil Code of the State of California,
Landowner shall provide to District such evidence or proof as
District shall require that all persons, firms and corpora-
tions supplying work, labor, materials, supplies and equip-
ment to the construction of the Second Phase have been paid,
that no claims of liens have been recorded by or on behalf of
any such person, firm or corporation and otherwise comply
with the applicable requirements for conveyance of title free
of such encumbrances, as set forth in the Joint Financing
Agreements.
Section 4. Acquisition~ Acquisition Price~ Funds
Source. Provided Landowner has complied with the require-
ments of this agreement and the applicable Joint Financing
Agreement, District agrees to acquire the First and Second
Phases from Landowner. The price to be paid by District for
-5-
the acquisition of the First and Second Phases shall be the
actual costs incurred by the Landowner to construct the First
and Second Phases (or discrete component thereof) as approved
by District, together with reimbursement of any advances made
by Landowner to the District, if any. As a condition to the
payment of such acquisition price, Landowner shall transfer
ownership of the completed component of the First or Second
Phase constructed by them by grant deed, bill of sale or such
other documentation as District or the public agency
ultimately owning such Public Improvement may require. Upon
the transfer of ownership of the Public Improvement or any
discrete component thereof from Landowner to District or the
public agency ultimately owning such Public Improvement,
District or the public agency ultimately owning such Public
Improvement shall be responsible for the maintenance of the
Public Improvement transferred.
Notwithstanding the prior provisions of this section,
the sole source of funds for the acquisition by District of
the Public Improvements or any discrete component thereof
shall be the proceeds from the sale of the bonds of District.
If for any reason beyond District's control the bonds are not
sold, District shall not be ~:equired to acquire the Public
Improvements from Landowner. In such event, Landowner shall
complete the construction and transfer to District or the
public agency ultimately to own such Public Improvement
ownership of such components of the Public Improvements as
are required to be constructed by Landowner as a condition to
-6-
· recordation of the subdivision map for the Subject Property,
but need not construct
Improvements which it is not
Section 5. Bonds.
any component of the Public
so required to construct.
Upon the completion of the vali-
dation of the formation of the District, including the levy
of the special tax and approval of the issuance of the bonds
by the Districts Securities Division, District shall use its
best efforts to issue and sell bonds pursuant to the Act in
an amount sufficient to acquire the Public Improvements and
pay other incidental costs. Upon receiving the proceeds from
the sale of the bonds, District shall reimburse Landowner for
the FirstPhase of Public Improvements as provided in Section
4 hereof and shall thereafter reimburse Landowner for the
construction of the Second Phase of the Public Improvements
or discrete component thereof as soon as the foregoing condi-
tions for reimbursement are satisfied. Notwithstanding any
preceding provision in this agreement, if District is unable
to sell the bonds for any reason beyond its control, District
shall be relieved of its obligations under this agreement
with respect to the acquisition of the First and Second
Phases.
Section 6. Easements. Landsmet shall at the time
District or such other public agency acquire the Public
Improvements, as provided in Section 4 hereof, grant to Dis-
trict or such public agency, by an appropriate instrument
prescribed by them, all easements on private property which
-7-
may be necessary for the proper operation and maintenance of
the Public Improvements, or any part thereof.
Section 7. Maintenance. Prior to the transfer of
ownership of the Public Improvements by Landowner to District
or other applicable public agency, as provided in Section 4
hereof, Landowner shall be responsible for the maintenance
thereof and ehall maintain and transfer the Public Improve-
ment to District or other applicable public agency in as good
condition as the Public Improvement was in at the time Land-
owner notified District that construction of same had been
completed in accordance with the Plans and Specifications.
Section 8. Inspection of Records. District or other
applicable public agency may, at its discretion, review all
books and records of Landowner pertaining to costs and
expenses incurred by Landowner pursuant to Section I hereof,
during normal business hours by making advance arrangements
with Landowner.
Section 9. Ownership of Public Improvements. Not-
withstanding the fact that some or all of the Public Improve-
ments may be constructed in dedicated street rights-of-way or
on property which has been or will be dedicated to District
or other applicable public agency, the Public Improvements
shall be and remain the property of Landowner until acquired
by District or other applicable public agency as provided in
the preceding sections of this agreement.
Section 10. Improvement Securit¥~ Prevailing Wages.
Notwithstanding any provisions of this agreement to the con-
-8-
trary, Landowner shall be required to secure the faithful
performance of construction and completion of construction of
the Second Phase by appropriate contractor's bonds as
required by Public Contracts Code of the State of California.
Additionally, Landowner shall require its contractor or con-
tractors to pay the prevailing rate of per diem wages for
work of a similar character in the locality of the District
and not less than the general prevailing rate of per diem
wages for holiday and overtime work, as provided in Section
1771 et. seq. of the California Labor Code, to all workmen
employed by each such contractor in the construction of the
Second Phase. Landowner shall obtain from its contractor or
contractors and furnish to District certified payroll records
as to all such workers employed by the contractor or contrac-
tors demons=rating that compliance has been had with the
requirements of said Section 1771.
Section 11. Independent Contractor. In performing
this agreement, Landowner is an independent contractor and
not the agent of District or any other public agency. Dis-
trict shall have no responsibility for payment to any con-
tractor or supplier of Landowner.
Section 12. Indemnification~ Insurance. Landowner
shall assume the defense of, indemnify, protect and save
harmless, District, the public agencies ultimately owning and
maintaining the Public Improvements, their officers,
volunteers, employees, attorneys and agents, and each and
every one of them, from and against all actions, damages,
-9-
claims, losses, liabilities or expenses of every type and
description to which they may be subjected or put, by reason
of, or resulting from, this agreement, and the design,
engineering and construction of the Public Improvements. No
provision of this agreement shall in any way limit the extent
of Landowner's responsibility for payment of damages
resulting from the operations of Landowner and their
contractors; provided, however, that Landowner shall not be
required to indemnify District and such public agencies as to
damages resulting from negligence or willful misconduct of
District and such public agencies or their agents or
employees in performing this agreement. Landowner shall
furnish to District and such public agencies a certificate or
certificates of insurance substantiating that they have
obtained for the eldtire period of th~ construction of the
Second Phase a policy of comprehensive general liability
insurance with coverage broad enough to include Landowner's
contractual obligations under this section and having a
combined single limit of liability in the amount of
$2,000,000. Said certificate of insurance shall include an
endorsement naming District, such other public agencies, its
officers, volunteers, employees, attorneys and agents as
additional named insureds.
Section 13. Letter of Credit Concurrently with
issuance of the bonds, Landowner shall cause to be delivered
to District a letter of credit (the "letter of Credit")
substantially in the form attached as Exhibit "C" hereto
-10-
which shall be: (i) an irrevocable, non-transferable letter
of credit issued by a federal or state chartered bank or
other financial institution (the "Issuer") reasonably
acceptable to District~ (ii) in the "Stated Amount" as
defined below~ (iii) subject to renewal, replacement
reduction, early termination, expiration and draws by
District, or the agent designated by District (the
"Beneficiary") as provided below~ (iv) shall have a term
ending on a June 30 at least one year from its date of
issuance~ and (v) shall be subject to the Uniform Customs and
Practice for Documentary Credits (1983 Revision,
International Chamber of Commerce Publication No. 400).
(a) Applicability of Requirement. Landowner shall
cause the Letter of Credit to be delivered, renewed and/or
replaced with respect to each legal lot owned by Landowner
and its partners in their individual capacities within the
District for so long as all legal lots owned by Landowner and
its partners are responsible for thirty-three percent (33%)
or more of the total annual special taxes to be levied on all
property within the District as a result of the bonds.
(b) Beneficiary. The Director of Finance-
Treasurer of the Rancho California Water District and his or
her designated representatives (the "Beneficiary") are hereby
authorized by the District to draw on the Letter of Credit
and provide for the reduction and termination of any Letter
of Credit as may be required according to the terms of this
Agreement. Landowner shall bear all costs associated with
-11-
posting any Letter of Credit, which costs shall not be
subject to reimbursement by the District.
(c) Stated Amount. The "Stated Amount" shall be
an amount equal to the gross debt service on the bonds
allocable to legal lots owned by the Landowner and its
partners in the District for the fiscal year ending on the
termination date of the Letter of Credit and the fiscal year
following such termination date. #Gross debt service on the
bonds" means for each of the two fiscal years subject to
calculation, the sum of (i) the principal amount of all
outstanding bonds payable in such fiscal year either at
maturity or pursuant to a sinking fund payment and (ii) the
interest payable on the'aggregate principal amount of bonds
outstanding in such fiscal year assuming the bonds are
retired as scheduled. Such gross debt service on the bonds
shall not be reduced by earnings on funds that might
otherwise be applied to payment on bonds pursuant to the bond
resolution. "Gross debt service on the Bonds allocable to
legal lots owned by Property Owner" shall be the sum of such
gross debt service multiplied by a fraction the numerator of
which is the maximum special tax that could be imposed on all
legal lots owned by the Landowner and its partners in the
current fiscal year and the denominator of which is the
maximum special tax that could be imposed on all property
within the District in the current fiscal year.
(d) Letter of Credit Draws. Beneficiary may draw
upon the Letter of Credit if Landowner is delinquent in
-12-
payment of the special taxes on property it and its partners
own within the District. The total amount to be drawn under
the Letter of Credit shall not exceed an amount equal to the
special taxes owed by the Landowner and delinquent on
property within the District at the time the draw is made.
The amount thus drawn on the Letter of Credit shall be
applied to clear the delinquent payment of special tax.
If the Letter of Credit is not renewed within thirty
(30) days prior to its expiration date and the requirements
for release or termination of the Letter of Credit have not
then been met, the full amount of the Letter of Credit may be
drawn by Beneficiary and deposited in a separate fund.
Thereafter, amounts in said fund may be drawn by Beneficiary
on the same terms and conditions applicable to the Letter of
Credit.
At such time as the Letter of Credit is renewed, or a
substitute letter of credit is accepted by the District, or
the requirement for the Letter of Credit has been terminated
pursuant to this Section, the District shall release all
amounts in said fund to Landowner or the Issuer, as
appropriate, within ten (10) calendar days from the date of
renewal or acceptance, as possible.
(e) Renewal and Substitution. The Letter of
Credit shall be renewed or a substitute letter of credit
provided, not less than thirty (30) calendar days prior to
its expiration. If Landowner provides a substitute letter of
credit to the District, then the District shall return any
-13-
existing letter of credit at the time of such substitution by
Landowner.
(f) Reduc.ion and Termination. Upon the sale or
transfer by Landowner and its partners of any property within
the District,'the Stated Amount of the Letter of Credit shall
be reduced by recalculation in accordance with Section 13(c)
above. The Letter of Credit shall be terminated when all
legal lots owned by Landowner and its partners are
responsible for less than thirty-three percent (33%) of the
total annual special taxes to be levied on all property
within the District.
(g) Reduction and Termination Mechanics.
Reduction or termination of a Letter of Credit shall occur
automatically upon submission to the Issuer by the District
of a Certificates of Reduction or ~.ermination in th= form of
Annex "3" or Annex "4" to the Form of Letter of Credit
attached as Exhibit "C" hereto. District shall deliver such
Certificate of Reduction or Termination promptly upon
receiving from Landowner a certificate which shall be made
under penalty of perjury and shall indicate (i) the legal
description of all land owned by Landowner and its partners
withi. n the District, (ii) a recalculation of the new Stated
Amount that Landowner proposed be applicable to the Letter of
Credit and (iii) if termination of the Letter of Credit is
requested, a statement that (1) such amount of total annual
special taxes to be levied on all property within the
District as a result of the bonds outstanding.
-14-
Landowner shall notify the District of any events that
will result in a reduction of the face value of Landowner's
Letter of Credit and shall provide the District with
verification of said events. Landowner may provide the
District with a substitute letter of credit in the reduced
amount and the District shall release and return to Landowner
the Letter of Credit then in effect. The parties expressly
acknowledge that Landowner's failure to so notify the
District or to reduce the Letter of Credit at the times
prescribed herein shall in no way effect or invalidate sale
or transfer of property, or recordation of maps on property.
(i) Transferees. If property within the District
is sold or transferred by Landowner and its partners, a
Letter of Credit on the same terms specified herein will be
furnished by the purchaser or transferee (the #St~stitut~
Transferee#) with respect to all legal lots owned by such
Substitute Transferee with the District. The issuing
financial institution and the form and terms of said Letter
of Credit will be subject to reasonable prior approval by the
Beneficiary and his or her designated representatives. All
terms provided in this Section 13 are applicable to the
Substitute Transferee by replacing the term #Landowner# at
each place where it occurs in each section with the name of
the Substitute Transferee. Each Substitute Transferee shall
be an express third party beneficiary of the provisions of
Section 13.
-15-
Section 14. Disclosure of Special Tax. In addition
to the following provisions of this Section, the Director of
Finance-Treasurer of the Rancho Cali~ornia Water District may
approve on behalf of the District any additional disclosure
provisions which together with those herein shall constitute
the "Disclosure Program" of the Landowner and its partners,
subject to the mutual agreement as to such provisions by the
Landowner and the Director of Finance-Treasurer in
consultation with special bond counsel.
(a) To Purchasers of Finished Product from
Landowner. This Section 14(a) shall apply to all residential
dwelling units and custom home lots developed by Landowner
and its partners and located within the District for which a
final subdivision public report was or will be required by
the California Department of Real Estate (each a "R~sidential
Lot") and to all commercial or industrial facilities
developed by the Landowner and its partners for lease or sale
(each a "Commercial Facility"). From and after the date of
this agreement, the Landowner and its partners shall give a
"Notice of Special Tax" (as defined in Section 14(d) below)
to each prospective purchaser of a Residential Lot or a
Comme=cial Facility. The Landowner and its partners shall
also require as a condition precedent to their obligation to
close an escrow as to a Residential Lot or a Commercial
Facility, or its obligation to lease a Commercial Facility
pursuant to a "triple net" lease, that the prospective
purchaser or lessee sign and return to the Landowner or its
-16-
partners a copy of the Notice of Special Tax. At least once
each month, the Landowner and its partners shall forward
copies of all signed Notice of Special Tax to the Director
of Finance-Treasurer or his written designee. Landowner and
its partners eha11 maintain records of all Notices of Special
Tax for a period of eight (8) years. The Landowner and its
partners shall include the Notice of Special Tax (or such
other notice as is approved by the Director of Finance-
Treasurer) in all of Landowner's and its partners' applica-
tions for Final Subdivision Reports required by the
California Department of Real Estate (eDRE") which are filed
after the effective date of this agreement.
(b) To Bulk Purchaser of Residential Property from
the Landowner. This Section 14(b) shall apply to those
persons or entitles who purchase property within the District
from the Landowner and its partners for the purpose of
subdividing such property or constructing residential
dwelling units thereon, or both (each a "Residential
Developer"). Landowner and its partners shall require, as a
condition precedent to their obligation to close an escrow
for the sale of real property to a Residential Developer,
that such Residential Developer covenant for the benefit of
Landowner or such partner and the District that such
Residential Developer shall require as a condition precedent
to its obligation to close an escrow as to any residential
dwelling unit that the prospective purchaser thereof sign and
return to such Residential Developer a copy of the Notice of
-17-
Special Tax. At least once each month each Residential
Developer shall forward copies of all signed Notices of
Special Tax to the Director of Finance-Treasurer. Each
Residential Developer shall maintain records of all Notices
of Special Tax for a period of eight (8) years. Each
Residential Developer shall include the Notice of Special Tax
(or such other notice as is approved by the Director of
Finance-Treasurer in all of such Residential Developer's
applications for Final Subdivision Reports required by the
(c)
Purchasers of Commercial Property from the
Property Owner. This Section 14(c) shall apply to those
persons. or entitles (each a "Commercial Developer") that
purchase property within the District from the Landowner and
its partners for the purpose of constructing a commercial or
industrial facility thereon for lease or sale (each a
"Commercial Facility"). Landowner and its partners shall
require, as a condition precedent to their obligation to
close an escrow for the sale of real property to Commercial
Developer, that such Commercial Developer covenant for the
benefit of Landowner and the District, that such Commercial
Developer shall require as a condition precedent to its
obligation to sell or lease pursuant to a "triple net" lease
any Commercial Facility, that the prospective purchaser or
lessee sign and return to the Commercial Developer a copy of
the Notice of Special Tax. At least once each month
Commercial Developer shall forward copies of all signed
-18-
Notices of Special Tax to the Director of Finance-Treasurer.
Each co~ercial ~veloper shall maintain records of all
Notices of Special Tax for a period of eight (8) years.
(d) Notice of Special Tax. With respect to any
parcel, the term "Notice of Special Tax" means a notice
written in English which is calculated to disclose to the
purchaser thereof (i) that the property being purchased is
subject to the special tax of the District~ (ii) the land
use classification of such property~ (iii) the maximum annual
amount of the special tax and the number of years for which
it will be levied~ (iv) if available at the time such notice
is delivered, an indication of the amount of special tax to
be levied on such property for the following fiscal year~
and (v) the types of facilities or services to be paid or
with the proceeds of the special tax. The Notice of Special
Tax shall be in such form as may be approved from time to
time by the District or the Director of Finance-Treasurer.
Such Notice of Special Tax may include as exhibits thereto
copies of the "Rate and Method of Apportionment of Special
Tax for the District, in which case the requirements of item
(iii) above shall be deemed satisfied.
(e) Notice to Subsec~ent Purchasers. The District
has filed with the Riverside County Recorder a document that
gives notice of the existence of the District and the levyof
the special tax on property within the District for the
benefit of subsequent property owners, pursuant to
-19-
requirements of Section 3114.5 of the Streets and Highways
Code.
Section 15. Termination. This agreement shall ter-
minate and be of no further force or effect if Landowner does
not elect to' proceed with the construction of the Second
Phase within 60 days of the date hereof or if Landowner pro-
ceed but does not complete the construction of the Second
Phase. Furthermore, District may, in its sole discretion,
terminate this agreement if any legal challenge is filed
relating to the validity or enforceability of this agreement
or the bond issuance proceedings.
Section 16. General. This agreement contains the
entire agreement between the parties with respect to the
matters herein provided for, and may only be amended by a
subsequent written agreement executed by all parties. This
agreement may be executed in counterparts, each of which
shall be deemed an original, but which together shall consti-
tute a single agreement.
Section 17. Joint Financing Agreements. It is the
intent of District and Landowner that this agreement be
interpreted consistently with the provisions of the Joint
Financing Agreements concurrently entered into by District,
Landowner and other applicable public agencies. In the event
that any of the foregoing provisions of this agreement
conflict with the terms of the Joint Financing Agreements,
the provisions of the latter shall control to the extent
necessary.
-20-
IN WITNESS WHEREOF, the parties have caused this agree-
ment to be executed as of the date first above written.
COMMUNITY FACILITIES DISTRICT
NO. 88-3 OF THE RANCHO
CALIFORNIA WATER DISTRICT
ATTEST:
President of the Board of
Directors of the Rancho
California Water District
Linda M. Fregoso, Secretary
of the Board of Directors
of the Rancho California
Water District
TAYCO, A California general
partnership
By:
Title:
5/146/006634-0138/019
-21-
EXHIBIT A
First Phase of Public Improvements
(By Discrete Component)
(1) The storm drain channel improvements for Long
Valley Wash adjacent to Rancho California Road within Parcel
2.
(2) Storm drain improvements from Rancho California
Road south to Rancho Vista Road.
5/146/006634-0138/019
Exhibit A
EXHIBIT B
Second Phase of Public Improvements
(By Discrete Component)
ROAD/GRADING
(1) The grading of the southerly half of Rancho
California Road from the westerly tract boundary of Parcel 1
to Butterfield Stage Road.
(2) The grading of Rancho Vista Road from the westerly
boundary of Parcel 6 east to Butterfield Stage Road.
(3) The street improvements of Kaiser Parkway from the
intersectio~l of Ran~. ~ Vista Roa~ south t¢ Pauba Road.
WATER
(1) Tract 22715 Water Facilities (as described in
Facilities Report)
(2) Tract 22915 Water Facilities (as described in
Facilities Report)
(3) Tract 22916 Water Facilities (as described in
Facilities Report)
5/146/006634-0138/019
Exhibit B
EXHIBIT "C"
(Form of Letter of Credit)
(Form of Value and Diversification Risk Letter of Credit)
IRREVOCABLE LETTER OF CREDIT
, 19
Director of Finance-Treasurer
Rancho California Water District,
on behalf of
Community Facilities District No. 88-3
28061 Diaz Road
Temecula, CA 92390
Attn:
Dear Sirs:
We hezeby establish, a% the request and for the account
of [insert name of Property Owner or Substitute Transferee]
, a corporation
[partnership, individual, trust, etc., as applicable], (the
"Account Party") in your favor, as "Beneficiary" pursuant to
that certain Agreement For Acquisition (Community Facilities
District No. 88-3), dated as of March 1, 1990, (the "Acquisi-
tion Agreement") between the Community Facilities District
No. 88-3 of the Rancho California Water District ("CFD No.
88-3") and TAYCO, a California partnership, our Irrevocable
Letter of Credit No. in the amount of
,
$ (the "Stated Amount"), effective immediately
and expiring on , 19 (the "Stated Termina-
tion Date").
We hereby irrevocably authorize you to draw on us in an
aggregate amount not to exceed the Stated Amount of this
Letter of Credit set forth above and in accordance with the
terms and conditions and subject to the reductions in Stated
Amount as hereinafter set forth, (1) in one or more drawings
by one or more of your drafts, each accompanied by your writ-
ten and completed certificate signed by you in substantially
the form of Annex "1" attached hereto (any such draft accom-
panied by such certificate being your "Default Payment
Draft"), and (2) in a single drawing.by your draft, accom-
panied by your written and completed certificate signed by
Exhibit C-1
you in substantially the form of Annex "2" attached hereto
(any such draft accompanied by such certificate being your
"Final Draft").
Funds under this Letter of Credit are available to you
against (1) your Default Payment Draft referring thereon to
the number of this Letter of Credit and accompanied by your
written and completed certificate signed by you in substan-
tially the form of Annex i attached hereto, and (2) your
Final Draft referring thereon to the number of this Letter of
Credit and accompanied by your written and completed Certifi-
cate signed by you in substantially the form of Annex "2"
attached hereto. Each such draft and certificate shall be
dated the date of its presentation, and shall be presented at
our office located at ,
, California, Attn=
(or at any other office in the City of ,
State of California which may be designated by us by written
notice delivered to you) on or before 9=00 a.m. (California
time) on the day (which shall be a banking day) of our making
funds available to you hereunder. If we receive any of your
drafts and certificates at such office, all in strict con-
formiry with the terms and conditions of this Letter of
Credit, not later than 9=00 a.m. (California time) on a bank-
ing day prior to the termination hereof, we will honor the
same on the same day in accordance with your payment instruc-
tions. If we receive any of your drafts and certificates at
such office, all in strict conformity with the terms and
conditions of thi~ Letter of Cry, .t, after 9=00 a.m.
(California time) on a banking day prior to the termination
hereof, we will honor the same on the next succeeding banking
day in accordance with your payment instructions. The phrase
"banking day" shall mean any day other than a Saturday,
Sunday or a day which shall be in the State of California a
legal holiday or a day on which banks are authorized or obli-
gated by law or executive order to close.
The Stated Amount of this Letter of Credit shall be
decreased upon (1) our payment of each Default Payment Draft
or Final Draft, by an amount equal to such payment or pay-
ments, and (2) upon our receipt of your written and completed
Certificate signed by you in substantially the form of Annex
"3" attached hereto to the new Stated Amount in said Certifi-
cate.
This Letter of Credit shall automatically terminate upon
the earliest of (i) ~he Stated Termination Date, (ii) our
honoring your Final Draft presented hereunder, (iii) our
honoring of a Default Payment Draft which has the effect of
reducing the Stated Amount to zero ($0.00), (iv) our receipt
of your written and completed Certificate signed by you in
substantially the form of Annex "4" attached hereto (such
Certificate being your "Termination Certificate"), or (v) the
date on which we receive written notice from you that an
Exhibit C-2
alternate letter of credit has been substituted for this
Letter of Credit in accordance with the Funding Agreement.
This Letter of Credit is nontransferable.
This Letter of Credit is subject to the Uniform Customs
and Practice or Documentary Credits (1983 Revision· Inter-
national Chamber of Commerce Publication No. 400). All com-
munications with respect to this Letter of Credit shall be in
writing specifically referencing the designated Number of
this Letter of Credit and shall be addressed to us at
· W
California, Attn:
Very truly yours,
[Bank]
By:
Exhibit C-3
Annex 1
CERTIFICATE FOR DRAWING UPON ACCOUNTS PARTY'S DEFAULT IN
PAYMENT OF SPECIAL TAXES
Irrevocable Letter of Credit No.
The undersigned, a duly authorized officer or agent of
the undersigned Beneficiary hereby certifies to
(the "Ba~k"), with reference to Irrevocable Letter of Credit
No. (the "Letter of Credit") issued by the
Bank in favor of the Beneficiary, that:
(a) The undersigned is the duly authorized officer or
agent of the Beneficiary for the purposes of submitting this
Certificate.
(b) As of the date of this Certificate, the Account
Party has defaulted in the payment of special taxes imposed
on the property owned by Account Party within the boundaries
of CFD No. 88-3 in the total amount of $
(the "Default Amount") which amount includes all penalties,
assessments and costs of collection associated with the
defaulted payment of special taxes.
(c) Beneficiary hereby requests payment of the Default
Amount and acknowledges that upon your payment of this draft
the Stated Amount of the Letter of Credit shall b~ auto-
matically reduced by the Default Amount to a he% Stated
Amount calculated as follows:
existing Stated Amount
Default Amount
new Stated Amount
(d) Beneficiary hereby certifies for the benefit of
Account Par~y that all amounts drawn hereunder shall be
applied to defaulted payments of special taxes.
The capitalized terms not otherwise defined herein are
used herein as defined in the Letter of Credit.
IN WITNESS WHEREOF, the Beneficiary has executed and
delivered this Certificate as of the day of
, 19__.
Director of Finance-Treasurer,
Rancho California Water District,
on behalf of
Community Facilities District No. 88-3
By:
[Name and Title],
Hereunto Duly Authorized
Exhibit C-4
Annex 2
CERTIFICATE FOR FINAL DRAWING UPON
FAILURE OF ACCOUNT PARTY TORENEW
IRREVOCABLE LETTER OF CREDIT NO.
The undersigned, a duly authorized officer or agent of
the undersigned Beneficiary hereby certifies to
(the NBank"), with reference to the Irrevocable Letter of
Credit No. (the mLetter of Credit") issued by
the Bank in favor of the Beneficiary, that:
(a) The undersigned is the duly authorized officer or
agent of the Beneficiary for the purposes of submitting this
Certificate.
(b) Account Party has failed to renew the Letter of
Credit or provide a substitute letter of credit within thirty
(30) calendar days prior to the Stated Termination Date of
the Letter of Credit. The Stated Termination Date of the
Letter of Credit is , 19__. This Certificate is
dated and submitted to Bank not more than thirty (30) days
prior to the Stated Termination Date.
(c) Beneficiary hereby requests payment of the entire
Stated Amount of $ .
(d) Beneficiary hereby certifies for the benefit of
Account Party that all amounts drawn hereunder shall be held
in trust and used or disbursed to or for the account of
Account Party as provided in the Funding Agreement.
The capitalized terms not otherwise defined herein are
used herein as defined in the Letter of Credit.
IN WITNESS WHEREOF, the Beneficiary has executed and
delivered this Certificate as of the day of
, 19 .
Director of Finance-Treasurer.
Rancho California Water District,
on behalf of
Community Facilities District No. 88-3
[Name and Title],
Hereunto Duly Authorized
Exhibit C-5
Annex 3
CERTIFICATE FOR REDUCTION OF AMOUNTS
AVAILABLE UNDER IRREVOCABLE LETTER OF CREDIT
NO. , DATED , 19__
The undersigned, a duly authorized officer or agent of
the undersigned Beneficiary hereby certifies to
(the "Bank"), with reference to the Irrevocable Letter of
Credit No. (the #Letter of Credit#) issued by
the Bank in favor of the Beneficiary, that:
(a) The undersigned is the duly authorized officer or
agent of the Beneficiary for the purposes of submitting this
Certificate.
(b) Account Party has sold or transferred property
within Community Facilities District No. 88-3 and has pro-
vided the Beneficiary with an approved recalculation of the
Stated Amount of the Letter of Credit.
(c) The Stated Amount of the Letter of Credit is auto-
matically reduced upon receipt by the Bank of this Certifi-
cate to an amount equal to $ [insert new Stated
Amount].
The capitalized terms not otherwise defined herein are
used herein as defined in the Letter of Credit.
IN WITNESS WHEREOF, the Beneficiary has executed and
delivered this Certificate as of the day of
, 19 .
Director of Finance-Treasurer,
Rancho California Water District,
on behalf of
Community Facilities District No. 88-3
By:
[Name and Title],
Hereunto Duly Authorized
Exhibit C-6
Annex 4
CERTIFICATE FOR TERMINATION OF IRREVOCABLE
LETTER OF CREDIT NO. ,
DATED , 19
The undersigned, a duly authorized officer or agent of
the undersigned Beneficiary hereby certifies to
(the "Bank")', with reference to the Irrevocable Letter of
Credit No. (the "Letter of Credit") issued by
the Bank in favor of the Beneficiary, that:
(a) The undersigned is the duly authorized officer or
agent of the Beneficiary for the purposes of submitting this
Certificate.
(b) Property owned by the Account Party within CFD No.
88-3 is responsible for less than thirty-three percent (33%)
of the total annual special taxes to be levied on all
property within CFD No. 88-3.
(c) Beneficiary hereby requests the Letter of Credit be
automatically terminated upon delivery of this Certificate to
Bank.
The capitalized terms not otherwise defined herein are
used herein as defined in the Letter of Credit.
IN WITNESS WHEREOF, the Beneficiary has executed and
delivered this Certificate as of the day of
, 19 .
Director of Finance-Treasurer,
Rancho California Water District,
on behalf of
Community Facilities District No. 88-3
By:
[Name and Title],
Hereunto Duly Authorized
5/146/006634-0138/019
Exhibit C-7
WILLIAM C. KATZENSTEIN
COUNTY COUNSEL
OFFICE OF THE
COUNTY COUNSEL
RIVERSIDE COUNTY
3535 TENTH STREET, SUITE 300
RIVERSIDE, CALIfORnIA 9250I-3(574
TELEPHONE {714) 787-E:4E:I
March 6, 1990
Mr. Frank Aleshire
City Manager
City of Temecula
Post Office Box 3000
Temecula, California
92390
Re: Community Facilities District No. 88-12 (Ynez Corridor)
Dear Mr. Aleshire:
Pursuant to a telephone conversation of Monday, March 5, 1990,
enclosed please find a copy of a ballot pamphlet being sent to all
landowners who will be voting in the election regarding the above
referenced district.
Very truly yours,
WILLIAM C. KATZENSTEIN
County Counsel
Timothy~.'~Davis
Deputy County Counsel
TJD:ay
Enclosure
COMMUNITY FACILITIES DISTRICT NO. 88-12
OF THE COUNTY OF RIVERSIDE (YNEZ CORRIDOR)
Special Bond and Special Tax Election
(Mello-Roos Community Facilities Act)
March 23, 1990
Ballot Pamphlet
and
Instructions to Voter
Dear Voter:
The Board of Supervisors of the County of Riverside
has called a Special Bond and Special Tax Election for
Community Facilities District No. 88-12 of the County of
Riverside (Ynez Corridor). This is a landowner election with
the landowners of record within the District as of the close of
the September 26, 1989 protest hearing being entitled to cast
one vote for each acre or portion thereof owned within the
District. The ballots are being mailed to the landowners
listed on the latest equalized assessment roll prepared by the
County of Riverside Assessor prior to September 26, 1989, as
updated by information known to the County of Riverside
regarding ownership.
YOU WILL RECEIVE ONE BALLOT FOR EACH GROUP OF PARCELS
SHOWN ON THE ASSESSOR'S ROLL UNDER AN IDENTICAL NAME AND
ADDRESS OR KNOWN BY THE COUNTY TO BE OWNED BY A SINGLE
LANDOWNER. Any parcels with a common name and address have
been combined for voting purposes. Each qualified voter has
been issued one ballot which entitles that voter to vote his or
her total acreage of land within the District. Each ballot is
allotted a specified number of votes depending on acreage.
Each acre or portion thereof is worth one vote.
The election will be conducted by mail ballot mailed
to each landowner by the Registrar of Voters' Office at 1260
Palmyrita Avenue, Riverside, California 92507. Please note
that your ballot must be marked and returned to the Office of
the Registrar of Voters of the County of Riverside at 1260
Palmyrita Avenue, Riverside, California 92507, not later than
5:00 p.m., March 23, 1990.
Contained in this Ballot Pamphlet and Instruction to
Voter are Instructions to Landowner Voter, a Sample Ballot, an
Impartial Analysis prepared by County Counsel and a Statement
in Compliance with Elections Code Sections 5300 to 5304.
If you have any questions, please contact us at (714)
275-8721.
Very truly yours,
Frank Johnson
Registrar of Voters for the County
of Riverside
8493n/2242-24
-2-
INSTRUCTIONS TO LANDOWNER VOTER
HOW TO VOTE YOUR BALLOT
Vote'your official ballot by placing a cross (+) in
the voting square opposite your choice with a pen or pencil.
If desired, detach the stub in the upper left-hand
corner and keep as your receipt.
SPOILING YOUR BALLOT
If you tear your ballot or make an error in voting,
you may secure another by surrendering the ballot you spoiled,
in person, to the Registrar of Voters at 1260 Palmyrita Avenue,
Riverside, California 92507, or by executing an affidavit to
the effect that you lost your ballot, and you will be given
another ballot. If you spoil your ballot, please call the
Registrar of Voters at (714) 275-8721.
RETURNING YOUR BALLOT
Enclose your ballot in the Return/Identification
Envelope provided. Supply ALL information requested on the
Return/Identification Envelope. YOUR VOTE WILL BE DISQUALIFIED
IF YOU DO NOT FILL IN ALL THE INFORMATION.
LAST DAY TO RETURN BALLOT TO REGISTRAR OF VOTERS
Your ballot must be returned to the Office of the
Registrar of Voters at 1260 Palmyrita Avenue, Riverside,
California 92507 not later than 5:00 p.m. on March 23, 1990,
for it to be counted. YOUR BALLOT CANNOT BE ACCEPTED BEYOND
THIS DEADLINE.
-3-
SAMPLE
OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 88-12
OF
THE COUNTY OF RIVERSIDE
(YNEZ CORRIDOR)
SPECIAL BOND AND SPECIAL TAX ELECTION
March 23, 1990
This ballot represents votes.
To vote, stamp a cross (+) in the voting square after
the word "YES" or after the word "NO". All marks otherwise
made are forbidden. All distinguishing marks are forbidden and
make the ballot void.
If you wrongly mark, tear, or deface this ballot,
return it to the Registrar of Voters and obtain another.
PROPOSITION NO. A: Shall Com-
munity Facilities District No. 88-12 of the
County of Riverside (Ynez Corridor)
incur an indebtedness and issue bonds in
the maximum aggregate principal
amount of $60,000,000, with interest
at a rate or rates not to exceed twelve
percent (12%) per annum or a higher
maximum interest rate permitted
by law, the proceeds of which will
be used to construct, purchase, modify,
expand, improve or rehabilitate
certain public facilities, consisting
of a performing arts and convention
center, a library, park sites and facili-
ties, roads and roadway improvements,
flood control and storm drain facilities,
water and sewer facilities and utility
relocations and related work (the "Facili-
ties"), as provided in Resolution No. 89-449
of the Board of Supervisors of the County
of Riverside (the "Resolution of Formation"),
and shall a special tax with a rate and
method of apportionment as provided in the
Resolution of Formation be levied to pay
for the Facilities described in the
Resolution of Formation, for the creation
or replenishment of any necessary reserve
YES
NO
-4-
funds, for any Incidental Expenses (as defined
in the Resolution of Formation) of th~ District
associated with the Facilities or the'~bonds
and for the principal of, premium, if any,
and interest on such bonds?
PROPOSITION NO. B: Shall
the appropriations limit, as defined
by subdivision (h) of Section 8 of
Article XIII B of the California
Constitution, for Community Facilities
District No. 88-12 of the County of
Riverside (Ynez Corridor) be an
amount equal to $12,000,0007
YES
NO
-5-
COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF
BALLOT PROPOSITIONS A AND B RELATING TO
COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE
COUNTY OF RIVERSIDE (YNEZ CORRIDOR)
The Board of Supervisors (the "Board't) of the County
of Riverside, California has undertaken proceedings to form a
Community Facilities District pursuant to the Mello-Roos
Community Facilities Act of 1982 (the 'Act"), designated as
"Community Facilities District No. 88-12 of the County of
Riverside (Ynez Corridor)' (the 'District'). The Board has
called for an election within the District asking voter
approval on Ballot Proposition A authorizing the District to
incur bonded indebtedness in an amount not to exceed
$60,000,000 and to levy a special tax on property within the
District, and on Ballot Proposition B to establish an
appropriations limit for the District for purposes of Article
XIII B of the California Constitution.
The specific activities proposed to be financed by
the District are the construction, acquisition, modification or
rehabilitation of major public facilities, both regional and
local, as set forth in Ballot Proposition A (the "Facilities").
No other facilities or services are authorized to be provided
by the District.
The Board has also declared the necessity to incur a
bonded indebtedness as authorized by the Act, for the purpose
of financing the construction, acquisition, modification or
rehabilitation of the Facilities described in Ballot
Proposition A. This bonded indebtedness shall not exceed
$60,000,000 in aggregate principal amount. The total amount of
the bonds which the District ultimately issues may be less than
the amount specified above.
The Board has further determined that any bonds issued
shall have a maximum term not to exceed 40 years, with
principal generally payable in annual installments and bearing
interest either at a fixed interest rate or a variable interest
rate. The bonds may be issued in differing series, and at
differing times. The interest on the bonds shall generally be
payable semiannually. The maximum rate of interest to be paid
on the bonds shall not exceed the greater of either ~2% per
annum or the maximum legal rate at the time of the sale of the
specific bonds.
The Board has also authorized that a special tax be
levied within the District boundaries to repay the previously
mentioned bonded indebtedness, to pay for the proposed
-6-
Facilities, to create or replenish any necessary reserve funds
and to pay any incidental expenses of the District authorized
by the Act. The proposed rate and method of apportionment of
the special tax is attached to this Ballot Pamphlet and
Instruction to Voter as Exhibit A. The current estimate from
official sources of the special tax rate to be levied is set
forth in the Statement in Compliance with Elections Code
Sections 5300 to 5304 appearing in this Ballot Pamphlet aad
Instruction to Voter distributed by the Registrar of Voters.
The special tax may not exceed the rate of $10,000 per acre for
fiscal year 1990-91; provided, however, that this maximum rate
will increase by two percent in each subsequent fiscal year.
The Board may, however, levy the special tax at a rate lower
than the maximum rate set forth in the rate and method of
apportionment of the special tax attached hereto as Exhibit A.
The proceeds of the special tax may only be used to
pay for the Facilities, to create or replenish any necessary
reserve funds, to pay any incidental expenses of the District
authorized by the Act and to pay the principal of and interest
on the outstanding bonded debt of the District. The bonds will
not be secured by any taxing power or funds of the County of
Riverside, the City of Temecula or any other funds of the
District, although contributions from other authorized sources
may be made available for payment of debt service in certain
cases.
The Board has also authorized the submittal of Ballot
Proposition B to the voters of the District. Ballot
Proposition B, if approved, will establish the "appropriations
limit" for the District as defined by subdivision (h) of
Section 8 of Article XIII B of the California Constitution.
The appropriations limit sets the maximum amount of the
proceeds of taxes that the District may expend during any
fiscal year for items other than debt service on the bonded
indebtedness of the District; provided that the appropriations
limit will be adjusted annually in accordance with the
procedures contained in Article XIII B from the limit stated in
Ballot Proposition B. The District may not expend proceeds of
taxes in any fiscal year in excess of its appropriations limit,
as adjusted pursuant to Article XIII B, without the further
approval of the voters of the District.
In order for Ballot Proposition A to be approved,
two-thirds of the voters voting on Ballot Proposition A must
vote in favor of incurring the bonded indebtedness and levying
the special tax described therein. In order for Ballot
Proposition B to be approved, two-thirds of the voters voting
on Ballot Proposition B must vote in favor of establishing the
appropriations limit as set forth in Ballot Proposition B. In
the District, the vote will be by the owners of land located
-7-
within the District. Each landowner shall receive one (1) vote
for each acre or portion thereof of land that he or she owned
within the District as of September 26, 1989, as reflected on
the latest equalized assessment roll prepared by the County of
Riverside Assessor prior to that date.
Approval of Ballot Proposition A will not obligate the
District to construct the proposed Facilities, to incur any
bonded indebtedness, or to levy any special tax. Approval of
Ballot Proposition A, however, will grant the power and
authorization to the District to undertake the previously
mentioned activities.
Herewith submitted,
WILLIAM C. KATZENSTEIN
County Counsel
Deputy,~oun~y Counsel
u /
-8-
STATEMENT IN COMPLIANCE WITH
ELECTIONS CODE SECTIONS 5300 TO 5304
As described in the foregoing Sample Official Ballot,
an election is being held in Community Facilities District No.
88-12 of the County of Riverside (Ynez Corridor) (the
"District") on March 23, 1990, for the purpose of submitting to
the qualified voters of the District the question of whether or
not the District shall issue and sell bonds in an amount not to
exceed $60,000,000 to finance the construction, purchase,
modification, expansion, improvement or rehabilitation of
certain public facilities, including a performing arts certer
and convention center, a library, park sites and facilities,
roads and roadway improvements, flood control and storm drain
facilities, water and sewer facilities and utility relocations
and related work (the 'Facilities"). The qualified voters are
also being asked to approve the levy of a special tax (the
'Special Tax") on land within the District to pay for the
Facilities and/or to repay the bonded indebtedness.
The bonds will bear interest at a rate or rates
established at the time the bonds are sold. The bonds may be
sold in one or more series and may be sold at a fixed or
variable interest rate, provided that such interest rate shall
not exceed the greater of 12 percent per annum or the maximum
rate permitted by any then applicable provision of law limiting
the maximum interest rate on the bonds.
If the bonds are authorized and sold, the principal
thereof and interest thereon will be payable from the proceeds
of the Special Tax levied upon the taxable property in the
District. The following information regarding the Special Tax
rates is given to comply with Section 5300 to 5304 of the
Elections Code. Such information is based upon the best
estimates and projections presently available from official
sources, but is subject to change.
The rate and method of apportionment of the Special
Tax, as adopted by the Board of Supervisors, is attached hereto
as Exhibit A.
The best estimate from official sources of the Special
Tax rate which will be required to be levied to repay the bonds
during each fiscal year is described below. The District
expects to issue three series of bonds with the first series
being issued in 1990 and the final series being issued in 1995.
-9-
The actual rate of the Special Tax that will be levied
to repay the bonds is dependent upon the interest rate of the
bonds, the timing of the issuance of bonds, the terms of the
bonds and the level of delinquencies in payment of the Special
Tax. Accordingly, it is extremely difficult to estimate what
the actual Special Tax rate will be in any fiscal year;
however, based upon current assumptions as to interest rates on
the bonds, it is estimated that the following Special Tax rates
will occur:
A Special Tax rate of $2,795 per acre for fiscal year
1991-92, the first fiscal year following the sale of
the first series of bonds.
A Special Tax rate of $8,860 per acre for fiscal year
1996-97, the first fiscal year following the sale of
the last series of bonds.
o
A Special Tax rate of $8,860 per acre for fiscal year
1995-96, the fiscal year in which the highest Special
Tax rate is expected to occur.
The estimates set forth in above are estimates only
and are lower than the maximum Special Tax that the District
would be entitled to levy annually under the rate and method of
apportionment of the special tax attached as Exhibit A. The
highest tax rate which the District would be permitted to levy
is $10,000 per acre per year, with such maximum escalating by
an amount equal to 2.0% per annum on July 1, 1991 and on each
July 1 thereafter. All capitalized terms have the meaning set
forth in the Rate and Method of Apportionment of the Special
Tax.
-10-
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAX FOR
YNEZ CORRIDOR COMMUNITY FACILITIES DISTRICT NO. 88-12
OF THE COUNTY OF RIVERSIDE
(YNEZ CORRIDOR)
A Special Tax shall be levied on and collected from
each parcel of land in Ynez Corridor Community Facilities
District No. 88-12 of the County of Riverside (herein #CFD
No. 88-12") in each Fiscal Year commencing July 1, 1990, in an
amount determined by the Board of Supervisors of the County of
Riverside as the legislative body of CFD No. 88-12 (the "Board")
in accordance with the rate and method of apportionment
described below. All of the land in CFD No. 88-12, unless
exempted by law or by the provisions hereof, shall be taxed for
the purposes, to the extent and in the manner provided herein.
A. Definitions
"Annual Special Tax Levy" means the total amount to be
levied in a Fiscal Year equal to the sum of amounts required to
pay for (1) the Facilities and any Incidental Expenses related
thereto as such terms are defined in Resolution No. 89-390 of
the Board of Supervisors of the County of Riverside, and (2) the
annual debt service on the Debt of CFD No. 88-12 plus any amount
needed to replenish any reserve fund established pursuant to a
resolution authorizing the issuance of Debt plus the annual
administrative expenses for the levy and collection of the
Special Tax and for servicing the Debt of CFD No. 88-12 less the
-11-
amount of funds which the Board determines is available for such
purposes.
"Debt' means any binding obligation to repay a sum of
money, including obligations in the form of bonds, certificates
of participation, long-term leases, loans from governmental
agencies, or loans from banks, other'financial institutions, or
private businesses or individuals.
'Special Tax' means the special tax authorized pursuant
to the Mello-Roos Community Facilities Act of 1982, as amended,
comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the
Government Code of the State of California, to be levied on the
parcels of land within CFD No. 88-12.
"Fiscal Year" means the period starting on July 1 and
ending the following June 30.
"Maximum Special Tax" means the Maximum Special Tax
determined in accordance with Section C hereof that can be
levied by the Board in any Fiscal Year.
B. Publicly Owned Land
No Special Tax shall be levied on a parcel of land
which at the time of adoption of the resolution of formation for
CFD No. 88-12 is owned by a public agency, or on any land which
must be acquired by or dedicated to a public agency in order to
construct any of the public facilities to be financed by CFD No.
88-12. Any acquisition by any public agency of a parcel of land
within CFD No. 88-12 subsequent to formation of CFD No. 88-12
for a purpose other than the acquisition or construction of the
-12-
public facilities to be financed by CFD No. 88-12 shall require
the public agency to continue to pay the Annual Special Tax Levy
for such parcel or to prepay, in full, any special tax
obligation oll such parcel pursuant to the methodology specified
in the resolution of issuance for any Debt of CFD No. 88-12.
C. Maximum Special Tax Rate
The Maximum Special Tax Rate shall be $10,000 per year
per acre of land for Fiscal Year 1990-1991, which Maximum
Special Tax Rate shall be increased on July 1 of each year,
commencing on July 1, 1991, by an amount equal to 2% per annum
above the rate in effect for the previous Fiscal Year.
The area of each parcel of land to be used to calculate
the Special Tax for such parcel is the acreage shown on, or
calculated from, the latest Riverside County Assessor's maps for
each Fiscal Year.
D. Method Of Apportionment
On or prior to August 10 of each year, or such later
date as is permitted by law and consented to by the County
Auditor, the Board shall determine the Annual Special Tax Levy
to be levied for the current Fiscal Year. The Board shall cause
to be computed the aggregate amount of Special Taxes which could
be levied in such Fiscal Year if the Maximum Special Tax Rate
were levied against each parcel of land in CFD No. 88-12 not
exempt from the levy of the Special Tax (the "Maximum Annual
Special Tax Levy"). The required Annual Special Tax Levy shall
be divided by the Maximum Annual Special Tax Levy and the
-13-
resulting ratio shall be the "Appointment Ratio" for the current
Fiscal Year. The amount to be levied against each acre of land
within each parcel for that Fiscal Year shall be determined by
multiplying the Maximum Special Tax for that parcel times the
Apportionment Ratio. The Special Tax shall be levied pro rata
against all parcels based on the Maximum Special Tax for each
parcel.
E. Review/Appeal Board
The Board of Supervisors shall establish as part of the
proceedings and administration of CFD No. 88-12 a special
three-member Review/Appeal Board. This Board shall construe and
make determinations relative to the administration of the
Special Tax as herein specified.
-14 -
RIYZRSIDE C01J~
ROAD COI~ C7D
Advanced Cardiovascular
26531Yni2 Road
TmucuXa, CA 02500
92t-080-051-6 25.2~ 26
Bank of America Hatio~al Trust & SevinIs Assoc.
P.O. ~x 37000
San Yra~e~ico, ~ 94137
921-260-002-8 1,03 2
costa ..a, cA 02626
92L-260-024-8 0.87
21&2 LeaSe lAne
Ssnte A~a. CA g2705
921-300-005-4 20,35 21
John & Judy Harrison
Gary & Harriet Anderson
26755 Ynet hi
Te~cvle~ CA 92590
02t-080-0S~-8 2.03
l~liasr I)evelopment Co.
3470 ~t Diablo Blvd., Suite AIO0
910-130-005-9 4.96
910-130-022-~ 39.11
To~sl... 4~.0~
45
Harubint America Corp,
333 So~h 0rand Av~aue
LosAn soles. CA 90071
021-680-009-3 3.32
Ms.ton ChUsltr/IllnMuth
298 North Aauaa Avenue
West Carina, CA 91791
21'0i0'0 4" 2.70
Nicolas Taraslices
354S Central Avon~o, 8uit~ 200
Riverside, CA 92506
921-290-002-1 22.66
23
North County Bmnco~p
P.O. Box 1416
broadida, CA 9202S
021-260-023-7 0.62
Pacific
e/o Corlmrate Tax X20-12 No. 342
P.o, kz 2007, TerminalAnnex
Los Artsoles, CA 900Sl
921-270-005-2 0.76
RIVI~SIDE COUNTY
ROAD CORRIDOR CFD 88'12
OF OgNKRS, ASSBSSORtS PARCEL NUNBER, ACREAGE & HUIdBER OY VOTES
29A00 Rancho Californt&
Te~ecul&, CA 92390
921-090-007°8 20.90
921-650-010-$ 20.74
Tot&l... &l,Ta
42
Rancho C&Xtfornia Otvetol~ant ~o.
P.O. ~ox 755
Tim~eul&, CA 92390
92t-080o014-3 S$.20
02X-080-0X7*6 3.47
g2x-ooo-0xa-7 o.16
g2xoogo-oo3-4 20.30
O2X-OOO-004-5 20.28
921-000-005-6 20.24
921-000-006-7 23.36
g21*090-017-7 26.76
921-260-0X7-2 x.g9
921-26o-0x8-3 o.93
g2x-260-olg-4 2.52
921-260-022-6 0.53
921-270-026-1 1.14
021-270-031-S 4.13
g21-270-032-6 o.18
921-270*033-7 0.64
g2x-270-034-8 12.55
g2t-270-O$$-9 O.SS
g21-270-036-0 2.1~
9~4-020-001-2 36.07
944-290-005-5 22.03
Total... 255.48
256
Rancho Hobtie Ho~eBmtatum
2312 ~ Olive Avenue, Suite A
Burbank, CA 91506
Rancho Restortel Shopptn8 Con, or, Inc.
c/o bdford PropQttiee
3470Kt Diablo ~Xv4., Suite A100
Lafayette, CA g4s~g
921*290-003-2 16,60
010-130-008-2 145.87
010-130-023-5 7.75
gll-170-00&-g 3.X6
021-O00-002°3 20.24
Total... 186.57
Rancho ¥tlla8o Ammoc.
29400 Rancho Ciltforntlld.
Tmdcul&, CA 02390
gA4-2gO-Ol$-O 11.30
g44-2go*ot6*l 8.77
944-290-017-2 7.og
Total... 28.15
29
i°'
R["v~RS IDE CO~
~ ROJ~ COI[RIDOR CI~ 88-12
, ~ %me- , , ,i~-,~l,- ' , ..... I&~a %__ _ - , _,
' /
PROPERTY ~ ~ & ADDRESS
gan Dieso Federal Savinss &~oen Assoc.
(Nov Greet Anerican)
600 B St.
Saudialoe CA 92101
921-320-007-8 1.50 2
Touond~roperties
c/o Terratoncorp.
P.O. Box 21S9
Eacondido, CA 92023
92t-080-041-7 2.56
921-680-001-5 2.77
021-680-002-6
921-680-003-7 2.03
921-680-004-8 2,67
02 -680-005-9 1,35
92t-680-006-0 0.97
921-680-007-1 0.66
021-680-008-2 1.33
Total... 19.67 20
Toyota Hater Dil%r~butora Inc.
19001 South VosternAvsnus
Torrance, CA 90309
William& Patricia Johnson
29400 Rancho California lead
Temecula, CA 92390
Worldvide Rxecut£vee
M4I)T Partnership
40274 ?asea Serene
Tomcula, CA 92390
921e080--039--6 5.07
921-080-052-7 2.53 3
661.63 693
(1) Information baeed on County of Rivermidi Amseamor Data am of 7/6/89 & current
assessor parcel maps.
(2) InforMaLan is currently bainI verifies for accuracy vith a title company.
sff/RES14444rv(031490-7)
RESOLUTION NO. 90-__
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA REGARDING ITS INTENTION
TO ASSIST WITH THE FINANCING OF ROAD AND
TRAFFIC AND PARK FACILITIES OF REGIONAL
BENEFIT WITHIN THE CITY BY MAKING CERTAIN
SALES 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 Mello-Roos Community Facilities Act of 1982, as
amended, Chapter 2.5 (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 therefor and the
levy of special taxes on taxable property therein to pay the
-1-
sff/RES14444rv(031490-7)
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 pro-
posed 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 Advance Cardiovascular Systems building
is located southerly to its intersection with Rancho
California Road, the construction of the Apricot Street
Overcrossing 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 located therein, all of which
will be of general benefit to residents throughout the City
of Temecula (the #City#) andsthe surrounding area and which
facilities are not private projects but those required by
City and County (the "Public Facilities"); and
WHEREAS, the territory within the District is
located entirely within the City and will be developed for
commercial, industrial and residential uses which will
-2-
sff/RES14444rv(031490-7)
provide significant sales and use tax revenues to the City;
and
WHEREAS, prior to 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
Facilities 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 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
-3-
sff/RES14444rv (031490-7)
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 within the
District 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
WHEREAS, 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 and all such owners prior to the last
date upon which such elections can be held pursuant to
-4-
sff/RES14444rv (031490-7)
Section 53326 of the Government Code, it is necessary and
desirable 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 interest on the bonds of the District which
may be issued and sold to finance the Public Facilities and
specifying 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 traffic
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 construe-
-5-
sff/RES14444rv(031490-7)
tion and acquisition of, or to reimburse the District for
such roads, bridges and traffic facilities,throughout the
City; and
WHEREAS, 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 RESOLVED, DETERMINED AND
ORDERED BY THE CITY COUNCIL OF THE CITY OF TEMECULA AS
FOLLOWS:
-6-
sff/RES14444rv (031490-7)
Section 1. Recitals. The recitals set forth above
are true and correct.
Section 2. Aqreement by 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:
(a) When and if bonds of the District
are authorized and issued by the County in an amount
sufficient to finance the Public Facilities (plus incidental
expenses), the city Council will develop a system to
annually appropriate and make 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 businesses and industries
located within the District.
(b) The City Council shall appropriate
such sales and use tax revenues each year for the term of
the bonds, commencing with the first fiscal 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.
-7-
sff/RES14444rv(031490-7)
(c) 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.
(d) 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.
(e) 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:
(1) 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 extent that the
amount of the special taxes levied on such parcels
exceeds the amount of sales and use tax revenues
-8-
sff/RES14444rv(031490-7)
available to pay the special taxes, the property owners
shall pay the additional amount of any special taxes
owing (the "shortfall").
(2) In the event the amount of the
sales and use tax revenues available to be appropriated
in any fiscal year with respect to parcels of developed
property is in excess of the special taxes levied 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 special 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
-9-
sff/RES14444rv(031490-7)
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 or not to make this appropriation and
has no obligation to make any contribution or
reimbursement from any other funds of the City.
Section 2. Traffic Impact 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 roads, bridges and other traffic
facilities which are of benefit throughout the City (the
-10-
sff/RES14444rv(031490-7)
"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 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.
-11-
sff/RES14444rv(031490-7)
Section 3. Facilities to be Financed. 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
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, at an
estimated cost of $5,000,000;
(b) The construction 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.~-, storm
sewers, sanitary sewers, water mains, gas mains, electrical
facilities, traffic signal facilities relocation, telephone
-12-
sf f/RES14444rv (031490-7)
and cable television facilities, etc.), at an estimated cost
of $3,000,000;
(c) 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
(f) 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 near its intersection with
Ynez Road, including the acquisition of right-of-way
therefor, which have been constructed to support the auto
park located ~t such intersection and the acquisition of
which is provided for in the Resolution of Intention and the
-13-
sff/RES14444rv(031490-7)
Resolution of Formation adopted by the Board of Supervisors
of the County with respect to the District.
Section 4. Sale of Bonds. 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 first of which shall be sold as soon as possible
in an aggregate principal amount to finance 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;
(b) The aggregate principal amount of
the any series of the bonds issued and sold to finance the
Public Facilities shall 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;
-14-
sff/RES14444rv(031490-7)
(c) 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;
(d) 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
e) 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 5. Conditions Precedent.
(a) The City shall 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-thirds of the votes cast in the
-15-
sff/RES14444rv (031490-7)
elections within and for the District on the proposition of
the District incurring 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 thereby
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 property within
the District in an aggregate amount sufficient to pay the
principal of and 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.
Section 6. Agreement and Cooperation of
Owners. In addition to the agreements set out in § 3(a) and
(b) hereof the Agreement contemplated by this Resolution
shall further provide that :
-16-
sff/RES14444rv(031490-7)
(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 4
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 parkway 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.
Section 7. Property Acquisition. 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.
-17-
sff/RES14444rv(031490-7)
Section 8.
certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this
, 1990.
Certification. The city Clerk shall
day of
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 day
of , 1990 by the following vote of the
Council:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
F. D. ALESHIRE
CITY CLERK
-18-
FROM:
DATE:
CITY OF TEHECULA
Frank D. Aleshire
Teresa Maley~/
March 13, 1990
REQUEST TO SPEAK FOLLOW-UP
March 6 City Council Meeting
Speaker:. H. Steve Sander
This is in response to Mr. Sander's comments which he expressed at the City Council meeting on
March 6, 1990.
Mr. Sanders serves on the Urban Design Committee for University City in San Diego. In his past
experience he has found that doing it right the first time is easier than having to try and correct
the problem at later date.
This is a list of suggestions that he had made regarding City street signs:
legibility
well-lit/reflective letters
uniformity
street sign contest
elimate confusion (i.e.:
Jefferson/Front streets)
Mr. Sander noted that he is aware that there are more pressing issues facing the City Council at
this time, but he wanted to express his comments and concern.
l\mcmo\000000.000 -I-
CTTY OF TEHECULA
43172 Business Park Drive
P.O. Box 3000
Temccula, California 92390
(?~4)
Councilmembers
Patricia H. Birdsall
Peg Moore
J. Sal Munoz
March 8, 1990
Vito Be!iino
42430 Carlrio Place
Temecula, CA 92390
INQUIRY-SINGLE FAMILY VIOLATIONS
At the Temecula City Council meeting of March 6, 1990 you expressed concern on single
family dwelling violations. The Riverside County zoning code (R-l) does not disallow more
than one family per household. Ordinance 348, Article #21, Section 21.34 (see attachment)
defines a family as an individual or two (2) or more persons related by blood or marriage,
or a group of not more than (5) persons, excluding servants, who are not related by blood
or marriage, living together as a single housekeeping unit in a dwelling unit.
If the single family unit is located in an area with a Homeowners Association, it is the
Association's obligation to enforce their rules and regulations.
If you have any further questions, please contact me.
.D.
City Manager
/tam
Enclosure
knended Effective:
01-05-84 (Ord. 348.2244)
SECTION 21.29. DWELLING,.ONE FAMILY. A building or structure, including a
mobilehome or manufactured home, containing one (1) kitchen and used to house
not more than one.(1) fanily, including domestic employees.
Amended Effecttve:
12-23-82 -(Ord. 348.2140)
SECTION 21.30. DWELLING, MULTIPLE FAMILY. A building or portion thereof
used to house two (2) or more families, Including domestic employees or each
such femtly, ltvtng independently of each Driver, and doing their own cooking.
SECTION 21.31. DWELLING, GUEST. A building which occupies not more than
one-fiftieth (1/50) of the area of the lot on which it is situated, which
contains no cooking facilities and which is used exclusively for housing
members of a single family and their nonpaying guests. No reduction of the
general side or rear yard setbacks shall be allowed for guest dwelling despite
any other provisions of this ordinance.
SECTION 21.31a. DWELLING, RESORT. A building used exclusively for
residential purposes, containing not more than two kitchens, with permanent
interior means of access between all parts of the building, and located on a
lot in a recorded subdivision with an average lot area of 10,000 square feet or
more. No such dwelling shall be erected unless as a part of the purchase price
of the property the purchaser receives the privilege of use of recreational
facilities such as golf courses, or polo fields, which facilities are adjacent
to and a part of the residential development.
No reduction of yard setbacks shall be pemttted despite any other
provisions of this ordinance.
SECTION 21.32. EDUCATIONAL INSTITUTIOtlS. Schools, colleges, or
universities, supported wholly or in part by public funds, and other schools,
colleges and universities giving general instructions, as determineU by the
California State Board of Education.
SECTION 21.32a. EMERGENCY ACCESS. A private drive or roadway constructed
according to Section 18.12.b.l.a. or b., providing access to one or more
buildings. The access may be gated and locked at one or both ends restricting
traffic to emergency vehicles only.
Amended Effecttve:
07-06-89 Ord. 348.3032.
SECTION 21.33. ERECTED. The word 'erected" includes built, built upon,
added to, altered, constructed, reconstructed, moved upon, or any physical
operations on the land, required for a building.
~rE~f~O~~;.iFAMILY. An individual or two (2) or more persons related
by blood or marriage, or a group of not more than five (5) persons, excluding
297
servants, who are not related by blood or marriage, living together as a single
housekeeping unit in a dwelling unit.
SECTION 21.34a. FARt4 PROJECTS. (Future Famers, 4-H or similar projects).
Not more than five cattle, horses, sheep or similar farm animals, or six goats
or hogs, on parcels not less than 20,000 square feet in size, being fattened or
trained in connection Mth the education of a person as a member of a
recognized farm education organization.
SECTION 21.3'4b. FAR~. A parcel of land devoted to agricultural uses where
the principal use is the propagation, care, and maintenance of viable plant and
animal products for canmerctal purposes.
SECTION 21.35. GARAGE, PRIVATE. An accessory building or a main building
or portion thereof, used for the shelter or storage of self-propelled vehicles,
owned or operated by the occupants of a main building and wherein there is no
service or storage .for canpensatton.
SECTION 21.36. HOME OCCUPATIONS. Home occupations means those uses tha'
are customartly conducted in a residence, provided such uses must be incident
and secondary to the principal use of a dwelling as a residence. The follow,
criteria shall apply to any home occupation:
1. No one other than a resident of the dwelling shall be employed c.
the premises in the conduct of the home occupation.
2~ A home occupation shall be conducted entirely within the dwellin
and shall be incidental and secondary to the use of the dwellin~
as a residence.
3. A home occupation shall not be conducted in an accessory structur
and there shall be no storage of equipment or supplies in an
accessory structure or outside building.
4 The residential character of the exterior and interior of the
dwelling shall not be changed.
$. No vehicles or trailers except those normally incidental to
residential use shall be kept on the site.
6. No signs other than one unltghted identification sign, not more
than two square feet in area, shall be erected on the premises.
SECTION 21.37. HALF WAY HOUSE. A rehabilitation center for the trea~ent,
counseling, rooming and boarding of persons released from Jail, prisons,
hospttal s and sant tartums.
SECTION 21.38. HOTEL. A butldtng designed for or occupied as the more or
less temporary abiding place of individuals who are lodged with or without
meals, in which there are six (6) or more quest roans, and in which no
provision is made for cooking in any individual roan or suite; jails,
hospitals, asylums, sanitariums, orphanages, prisons, detention hanes or
stmtlar buildings where human beings are housed and detained under legal
restraint, are specifically not included.
298
RESOLUTION NO. 90-
as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE FISCAL YEAR 1989-90
BUDGET TO APPROPRIATE $74,680 FOR THE PURPOSE
OF PROVIDING ADDITIONAL LAW ENFORCEMENT
SERVICES BEGINNING APRIL 1, 1990
The City Council of the City of Temecula does resolve, determine and order
Section 1:
That the FY 1989-90 Annual Budget of the City of
Temecula is hereby amended to appropriate $74,680 for
the purpose of providing additional law enforcement
services.
Section 2: The City Clerk shall certify the adoption of this
resolution.
APPROVED AND ADOPTED this 20th day of March, 1990.
ATTEST:
Ronald J. Parks, Mayor
F. D. Aleshire, City Clerk
[SEAL]
Resos/9029 03/16/90 11:65am
sff/AGD15332
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
MEETING DATE
SUBJECT:
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY
MARCH 15, 1990
MARCH 20, 1990
GENERAL PLAN
RECOMMENDATION: That the City Council approve the
attached Resolution, entitled:
#A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REGARDING ADOPTING THE SOUTHWEST AREA
COMMUNITY PLAN AS THE CITY'S PLANNING GUIDELINES
UNTIL THE CITY ADOPTS ITS GENERAL PLAN."
DISCUSSION: Pursuant to Council direction provided at the
March 6, 1990 meeting, we have prepared the attached
Resolution, providing that the Riverside County General
Plan, as modified by the Southwest Area Community Plan, is
adopted as the City's planning guidelines until the City
adopts its own General Plan.
-1-
sff/RES15332
RESOLUTION NO. 90-__
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA REGARDING ADOPTING THE
SOUTHWEST AREA COMMUNITY PLAN AS THE
CITY'S PLANNING GUIDELINES UNTIL THE CITY
ADOPTS ITS GENERAL PLAN
WHEREAS, the City of Temecula was incorporated on
December 1, 1989;
WHEREAS, on or about November 29, 1989, the County
of Riverside adopted the Southwest Area Community Plan
("SWAP") as the Land Use and Circulation elements to its
General Plan;
WHEREAS, SWAP addresses the southwest portion of
Riverside County, including the area now within the
boundaries of the City;
WHEREAS, 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:
(a)
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.
(b)
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.
-1-
s f f/RES15332
(c)
The proposed use or action complies with
all other applicable requirements of
state law and local ordinances; and
WHEREAS, on March 6, 1990, the city Council
received a presentation from Riverside County Planning and
Road Department Staff, and City Staff, regarding the City's
options regarding adopting SWAP and the County's General
Plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. At this time, the City chooses not to
adopt SWAP and the Riverside County General Plan as the
City's official General Plan. Rather, the City intends to
initiate, within a reasonable time, the planning process
that will result in adoption of the City's own General
Plan. During the interim, SWAP and the Riverside County
General Plan are to be used as guidelines in evaluating all
development projects and other development actions,
including the issuance of building permits. City Staff is
directed to process all development applications so as to
obtain consistency with SWAP and the Riverside County
General Plan. Moreover, the Planning Commission is directed
to approve no development application unless it is
consistent with SWAP and the Riverside County General
Plan.
SECTION 2. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this
, 1990.
day of
RON PARKS
MAYOR
IIII
-2-
sff/RES15332
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 day
of , 1990 by the following vote of the
Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
F. D. ALESHIRE
CITY CLERK
-3-
CITY OF TEMECULA
CITY MANAGER'S REPORT
AB#: TITLE: DEPT HD.
MTG: 03-13-90 M~LLO ROOS RESOLUTION OF CITY ATTY
DEPT: CM INTENTION CITY MGR
BACKGROUND
At the City Council Meeting of March 8, 1990, the Council onn-imously agreed to proceed with
the Mello Roos Community Facilities District 88-12 under the following concepts:
Ynez to be six lanes
The City not to pay for developer-required improvements
Sales taxes to be used to pay the City fair share of costs
Since that time, negotiations have been held with the landowners, City Manager and City
Attorney. The City Attorney and atWrneys for the landowners have prepared a Resolution of
Intention for Council action. Tb_is Resolution spells out the general terms and conditions under
which the City will participate in the Dhtricc This is not the final document. It is a set of
standards and policies. Much more effort will be required by the County and others to work
out the final details, but this Resolution provides sufficient guidance of City intention to allow
the election of the property owners to proceed on March 23rd.
BASIC FEATURES
The City is agreeing to contribute funds (sales tax) to cover the cost of defined "regional
improvements" within the Ynez Corridor. Landowners are required to pay the ~nm~i bond
retirement costs up front, to pay their individual "local developer costs," and to pay any traffic
mitigation fees imposed by the City in the future.
"Local Developer Costs" are defined to be: four lanes plus curb/sidewalk and utility costs on
Ynez Road. This works out to something ]/ke 1/3-2/3 split .on the total cost of Ynez.
"Regional Improvements" are delved as: Ynez Road (1/3), two on-loops on 1-15, and the
Apricot over-crossing. Work includes right-of-way acquisition and utilities. In addition, the $2
million Park acquisition and improvement cost is included as regional
Included in the City's share of cost is the cost of improvements already built, which must be
acquired or rebuilt to new standards. The work along Ynez and Solana Way at the Auto
Center are in this category. The County promised to reimburse the Auto Center for the work
done for streets, utilities and storm drain. The exact reimbursement is not yet computed by the
County, but we have determined that there is a clear obligation to reimburse for those costs.
It has also been determined that it is not possible to acquire a full 134 feet of right-of-way for
all of Ynez. For vacant property, 134 feet will be the standard. For already improved land, a
lesser fight-of-way will have to suffice. In all cases, however, there will be six travel lanes for
traffic. The parkway, parking lanes and median will be varied to fit within available
right-of-way. Properties affected by this restricted right-of-way include: Plaza Shopping Center,
Target Mall, and ACS.
1\Cmltpt\0:513~. 025 re,an,o.
Current estimates of the cost of the entire project are $16-18 million_ Exact costs will not be
known until the County hires en/ineers and negotiates right-of-way costs. The plan provides
that the landowners will first pay the snm~nl bond costs of a~lproxiln~ly $1.~ million per year.
The City will pay into the trust fund up to 2.~% of sales taxes received from within the District
each year. The sales tax money will first go to reimbursin5 developed properties, then to
undeveloped properties.
As developments occur, the developer will reimburse the City for the four lanes on Ynez and
pay tr~/6c mifi/afion fees. These payments will replace sales taxes. Under this scheme, the
City will be reimbursed by future development for some or all of the sales taxes advanced. The
landowners will underwrite the bond costs by liens on their lands, but they will receive
reimbursement from sales tax payments. T~is plan seems fidr to all concerned and complies
The benefits of this proposal are that critically-needed traffic improvements will be built without
further delay. If this District is not approved, it is likely that further development in the Ynez
Corridor will be delayed until some other plan is devised to mitigate the traffic deficiencies.
l\(:Mpt\031390.025 IJ3108/~ 3:&Sin
sff/AGD14444
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
MEETING DATE
SUBJECT:
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY
MARCH 15, 1990
MARCH 20, 1990
YNEZ CORRIDOR COMMUNITY FACILITIES DISTRICT
RECOMMENDATION: That the City Council adopt the attached
Resolution, entitled:
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REGARDING ITS INTENTION TO ASSIST WITH THE
FINANCING OF ROAD AND TRAFFIC AND PARK FACILITIES
OF REGIONAL BENEFIT WITHIN THE CITY BY MAKING
CERTAIN SALES 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."
DISCUSSION: Pursuant to Council direction provided at the
March 13, 1990 meeting, we made the following substantive
changes to the Ynez Corridor CFD:
All developed property, not just property tax
generators, will receive "first call" to sales
tax revenue provided by the City.
The impact fee credit to Bedford for widening
Ynez north of ACS was eliminated.
The limitation on the amount of the bond
issuance to Ynez, the freeway loops, Solana
Way and park funds was eliminated. The
landowners may seek additional bonding for
other improvements (e.g., hotel loop) without
sales tax participation.
-1-
sff/AGD14444
The requirement that the landowners consent to
a regional Community Facilities District was
eliminated.
The developer reimbursement for Ynez was
amended to clearly state that curb, gutter and
sidewalk would be a developer obligation.
-2-
sff/RES14444rv (031490-7)
RESOLUTION NO. 90-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA REGARDING ITS INTENTION
TO ASSIST WITH THE FINANCING OF ROAD AND
TRAFFIC AND PARK FACILITIES OF REGIONAL
BENEFIT WITHIN THE CITY BY MAKING CERTAIN
SALES 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 Mello-Roos Community Facilities Act of 1982, as
amended, Chapter 2.5 (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 therefor and the
levy of special taxes on taxable property therein to pay the
-1-
sf f/RES14444rv (031490-7)
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 pro-
posed 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 Advance Cardiovascular Systems building
is located southerly to its intersection with Rancho
California Road, the construction of the Apricot Street
Overcrossing 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 located 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
City and County (the "Public Facilities"); and
WHEREAS, the territory within the District is
located entirely within the City and will be developed for
commercial, industrial and residential uses which will
-2-
sff/RES14444rv(031490-7)
provide significant sales and use tax revenues to the City;
and
WHEREAS, prior to 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
Facilities 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 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
-3-
sff/RES14444rv(031490-7)
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 within the
District 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
WHEREAS, 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 and all such owners prior to the last
date upon which such elections can be held pursuant to
-4-
sf f/RES14444rv (031490-7)
Section 53326 of the Government Code, it is necessary and
desirable 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 interest on the bonds of the District which
may be issued and sold to finance the Public Facilities and
specifying 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 traffic
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 construc-
-5-
sff/RES14444rv (031490-7)
tion and acquisition of, or to reimburse the District for
such roads, bridges and traffic facilities,throughout the
City; and
WHEREAS, 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 RESOLVED, DETERMINED AND
ORDERED BY THE CITY COUNCIL OF THE CITY OF TEMECULA AS
FOLLOWS:
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Section 1. Recitals. The recitals set forth above
are true and correct.
Section 2. Agreement by 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:
(a) When and if bonds of the District
are authorized and issued by the County in an amount
sufficient to finance the Public Facilities (plus incidental
expenses), the City Council will develop a system to
annually appropriate and make 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 businesses and industries
located within the District.
(b) The City Council shall appropriate
such sales and use tax revenues each year for the term of
the bonds, commencing with the first fiscal 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.
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(c) 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.
(d) 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.
(e) 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:
(1) 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 extent that the
amount of the special taxes levied on such parcels
exceeds the amount of sales and use tax revenues
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available to pay the special taxes, the property owners
shall pay the additional amount of any special taxes
owing (the "shortfall").
(2) In the event the amount of the
sales and use tax revenues available to be appropriated
in any fiscal year with respect to parcels of developed
property is in excess of the special taxes levied 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 special 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
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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 or not to make this appropriation and
has no obligation to make any contribution or
reimbursement from any other funds of the City.
Section 2. Traffic Impact 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 roads, bridges and other traffic
facilities which are of benefit throughout the City (the
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"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 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.
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Section 3. Facilities to be Financed. 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
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, at an
estimated cost of $5,000,000;
(b) The construction 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 (!.9-, storm
sewers, sanitary sewers, water mains, gas mains, electrical
facilities, traffic signal facilities relocation, telephone
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and cable television facilities, etc.), at an estimated cost
of $3,000,000;
(c) 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
(f) 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 near its intersection with
Ynez Road, including the acquisition of right-of-way
therefor, which have been constructed to support the auto
park located at such intersection and the acquisition of
which is provided for in the Resolution of Intention and the
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Resolution of Formation adopted by the Board of Supervisors
of the County with respect to the District.
Section 4. Sale of Bonds. 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 first of which shall be sold as soon as possible
in an aggregate principal amount to finance 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;
(b) The aggregate principal amount of
the any series of the bonds issued and sold to finance the
Public Facilities shall 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;
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(c) 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;
(d) 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
e) 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 5. Conditions Precedent.
(a) The City shall 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-thirds of the votes cast in the
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elections within and for the District on the proposition of
the District incurring 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 thereby
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 property within
the District in an aggregate amount sufficient to pay the
principal of and 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.
Section 6. Aqreement and Cooperation of
Owners. In addition to the agreements set out in § 3(a) and
(b) hereof the Agreement contemplated by this Resolution
shall further provide that :
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(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 4
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 parkway 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.
Section 7. Property Acquisition. 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.
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Section 8.
certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this
, 1990.
Certification. The city Clerk shall
day of
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 day
of , 1990 by the following vote of the
Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
F. D. ALESHIRE
CITY CLERK
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